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82-0420_CC_Minutes_Regular Meeting18'7. APRIL 20, 1982 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Schwartze at 7:03 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Gale Smedley, Capistrano Church of the Nazarene. ROLL CALL PRESENT: Phillip R. Schwartze, Mayor Lawrence F. Buchheim, Mayor pro tem Anthony L. Bland, Councilman Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Bob Boone, Accounting Officer; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson, Recording Secretary. MINUTES Regular Meeting of April 6, 1982 It was moved by Councilman Hausdorfer, seconded by Councilman Bland that the Minutes of the Regular Meeting of April 6, 1982, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSTAIN: Councilman Friess ABSENT: None CITY COUNCIL RE -ORGANIZATION (40) Written Communications: Report dated April 20, 1982, from the City Clerk, forwarding a Resolution declaring the results of the April 13, 1982, General Municipal Election. The report advised that the official canvass had been conducted on April 15 and the returns presented April 13 verified; that incumbent Council Members Bland, Hausdorfer, and Schwartze received the majority of the vote. Mrs. Hanover publicly thanked the City Department Heads and City personnel for their cooperation in the election process. -1- 4/20/82 r ADOPTION OF RESOLUTION DECLARING RESULTS OF ELECTION (40) It was moved by Councilman Friess, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 82-4-20-1 — RESULTS OF ELECTION, APRIL 13, 1982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON APRIL 13, 1982, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW WHEREAS, a regular general municipal election was held and conducted in the City of San Juan Capistrano, California, on Tuesday, April 13, 1982, as required by law; and, WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and, WHEREAS, pursuant to Resolution No. 81-12-1-7 adopted December 1, 1981, the City Clerk of said City canvassed the returns of said election and has certified the results to this City Council, said results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That there were eleven (11) voting precincts established for the purpose of holding said election consisting of ten (10) consolidations of the regular election precincts in said City as — established for the holding of state and county elections. SECTION 2. That said regular general municipal election was held for the purpose of electing the following officers of said City as required by laws relating to cities in the State of California; to wit: -2- 4/20/82 Three (3) Members of the City Council of said City for the full term of four (4) years. SECTION 3. That the whole number of votes cast in said City (except absent voter ballots) was 1607. That the whole number of absent voter ballots cast in said City was 61, making a total of 1688 votes cast in said City. RRrTTnN d_ That the names of persons voted for at said election for Member of the City Council of said City are as follows: 1. David A. Hanson 2. Gary L. Hausdorfer 3. Anthony L. Bland 4. Phillip R. Schwartze That the number of votes given at each precinct and the number of votes given in the City to each of such persons above named for the respective offices for which said persons were candidates, were as listed in Exhibit "A" attached. SECTION 5. The City Council does declare and determine that: Gary L. Hausdorfer was elected as Member of the City Council of said City for the full term of four (4) years; Phillip R. Schwartze was elected as Member of the City Council of said City for the full term of four (4) years; Anthony L. Bland was elected as Member of the City Council of said City for the full term of four (4) years. RFCTTnN 6_ The City Clerk shall enter on the records of the City Council of said City, a statement of the result of said election, showing: 1. The whole number of votes cast in the City; 2. The names of the persons voted for; -3- 4/20/82 190 3. For what office each person was voted for; 4. The number of votes given at each precinct each person; 5. The number of votes given in the City to each person. SECTION 7. That the City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; that the City Clerk shall also administer to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 20th day of April , 1982 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None ATTEST: /s/ MARY ANN HANOVER CITY CLERK /s/ PHILLIP R. SCHWARTZE PHILLIP R. SCHWARTZE, MAYOR -4- 4/20/82 i 191 STATE OF CALIFORNIA ) COUNTY OF ORANGE' ) ss., CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 82-4-20-1 , adopted by the City Council of the City of San Juan Capistrano, California, at an adjourned regular meeting thereof held on the 20th day of April , 1982 (SEAL) /s/ MARY ANN HANOVER MARY ANN HANOVER, CITY CLERK -5- 4/20/82 Ln �D W rl �o rl 1 I D - dP m 01 G� ko 0 do m a m N ri m O +n m In r --I O rl ri m m ow r -I N r ri O ri rt m N dP +n r o r-1 r N ri O dP r r rn r O M W V N to r m I i N dP 1 r v) io ri j ri N oAo N 00 m ri 14 C) r ow r-1 r N N rn Ln N N Wa r CD r 0 W W F U F CC rn F� q� 0�.7 O W c7 O m U W F w F -6- "EXHIBIT A" 4/20/82 W 192 T 7 'O S.SVO SalOA Ln Y h01 ".'-� d 71-� WWI �' 3.LOA wUSOi a)0 m r w O N Ln 'v '0 4) Y J rl A Y Y CaY'0 W O m - J 4 Y .0 W „d U1 OY 4) N rd O rUr,caC4 E O G O ha 14 f. •rl O W o co c r ON o G U 7 w Y 3 � 0 0 41 r0I Y U R w M (a w d U O m d Y Y N a) W M �U O T Y coC Cd r-1 O r- r -I Y U 'O 0 4J O Y l \NI C a) r -4d Y C v C W W C S.I \ En 3y 3 > 0 <r r m m o co m > CA UC d .w r o Ln Sid whaca o Zi o -I a W -H O A T � 'a 4' Y ca W URA4.O>U O M m F ^ Y y w N In U tI O ri m r -i rn N cu = M ;q ri r-1 Y rl LI (1) r-1 H B N fl J N T a) .o N \o Gr+W.0 8 W In ca I f Y 7 C m m In Ul rd i+ C O M to U m 0% w00 W O 0);4 U! o • U = (1) N m r O a Y G. r CL a Z 3+ Y W ,4 C W U s:e-H C U O W M U O y Ul NYx-1+Y F Y r O W G U W M O Q U w W C C) a., N O (1) ^ •ri N 3 00 a .+ LI m x 00 '0 4 s. n-+ am r O c*+ a) A rd a) .0 w 4 -1 C U rd ca W +i W a)0 s. 6 0. W Y 11 S1 O4 --H Q +1 (Y fa w Ul U O (L) a) w o w A = U a) C O O P z O W caQ H > co w r1 w r4 Co•rl b z O T O t6 Y 7 a •H a) (1) Y xv m o+1 14 o 10 -H O W N QM a U A T x y s°~rl°c 4J C9 O d C t. Y U aaw.c�� v C 1S Y Phi . 14 C S4 +� Lt. ►+U O hocw q Ln �D W rl �o rl 1 I D - dP m 01 G� ko 0 do m a m N ri m O +n m In r --I O rl ri m m ow r -I N r ri O ri rt m N dP +n r o r-1 r N ri O dP r r rn r O M W V N to r m I i N dP 1 r v) io ri j ri N oAo N 00 m ri 14 C) r ow r-1 r N N rn Ln N N Wa r CD r 0 W W F U F CC rn F� q� 0�.7 O W c7 O m U W F w F -6- "EXHIBIT A" 4/20/82 S.SVO SalOA Ln 71-� WWI �' 3.LOA N m r w itS�AISSgV N Ln 'v v m - „d N rd E O G O .-1 � o co c r ON o ca Y M (a 1 4 a m d O M �U O r r-1 O r- r -I Y C v C > 0 <r r m m o co m .w r o Ln c o Zi o -I a 4' Y c U O M m to to M <v N In Ln C ri m r -i rn N ri ri r-1 W N fl J N \o In In tO m m In M to a% m 0% N m r m r r-1 r-1 M �o In Ul W N W c*+ Q 4 W O O 6 W Ul W A C P z x w x a z QM a U A T x U C Phi A C7 Lt. Ln �D W rl �o rl 1 I D - dP m 01 G� ko 0 do m a m N ri m O +n m In r --I O rl ri m m ow r -I N r ri O ri rt m N dP +n r o r-1 r N ri O dP r r rn r O M W V N to r m I i N dP 1 r v) io ri j ri N oAo N 00 m ri 14 C) r ow r-1 r N N rn Ln N N Wa r CD r 0 W W F U F CC rn F� q� 0�.7 O W c7 O m U W F w F -6- "EXHIBIT A" 4/20/82 193 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None OATH OF ALLEGIANCE AND PRESENTATION OF CERTIFICATES OF ELECTION (40) The City Clerk presided at the meeting and administered the Oath of Office to Councilmen -elect Bland, Hausdorfer, and Schwartze. Following the Oath of Office, the City Clerk presented the Certificates of Election, and the new Council was seated. ROLL CALL OF NEWLY -CONSTITUTED COUNCIL PRESENT: Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Phillip R. Schwartze, Councilman ABSENT: None SELECTION OF MAYOR (32) The City Clerk opened nominations for the Office of Mayor. Councilman Schwartze nominated Councilman Buchheim for the Office of Mayor; Councilman Friess seconded the nomination. There being no further nominations, nominations were closed and it was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried that Lawrence F. Buchheim be elected as Mayor. Mayor Buchheim assumed the chair and presided during selection of the Mayor pro tempore. SELECTION OF MAYOR PRO TEMPORE (32) Mayor Buchheim opened nominations for the Office of Mayor pro tempore. Councilman Hausdorfer nominated Councilman Bland for the Office of Mayor pro tempore. There being no further nominations, nominations were closed and it was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried that Anthony L. Bland be elected as Mayor pro tempore. -7- 4/20/82 194 REMARKS (32) Councilmen Schwartze, Bland, and Hausdorfer expressed their appreciation to the community for the support given them in their re-election and expressed their determination to continue efforts to preserve the unique character of — San Juan Capistrano. Mayor Buchheim cited his feelings with regard to the responsibility of the office of Mayor and to the Council and residents of San Juan Capistrano. He then presented Councilman Schwartze with a City Seal Plaque and Gavel citing his term as Mayor. CITY BANK ACCOUNTS (41) Authorization to Sign Signature Cards for City Bank Accounts: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to authorize Mayor Buchheim and Mayor pro tem Bland to sign the signature cards for the City's bank accounts. Investment of City Funds: It was moved by Councilman Schwartze, seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 82-4-20-2, INVESTMENT OF CITY FUNDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY TREASURER AUTHORITY TO INVEST OR REINVEST FUNDS OF THE CITY, AND REPEALING RESOLUTION NO. 81-4-7-5 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None The Resolution delegates the authority to invest funds to the City Treasurer and requires the following signatures on such investments or reinvestments: _ Lawrence F. Buchheim, Mayor, or Anthony L. Bland, Mayor pro tem, and John C. Gibson, City Treasurer, or Mary Ann Hanover, Deputy City Treasurer. -8- 4/20/82 1 95 City Bank Accounts - Authorized Signatures: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 82-4-20-3, CITY BANK ACCOUNTS - DEPOSITS AUTHORIZED SIGNATURES - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING DEPOSIT ACCOUNTS WITH THE SAN JUAN CAPISTRANO BRANCHES OF BANK OF AMERICA, CALIFORNIA FIRST BANK, CAPISTRANO NATIONAL BANK, SECURITY PACIFIC NATIONAL BANK, HOME FEDERAL SAVINGS AND LOAN, BRENTWOOD SAVINGS AND LOAN, GIBRALTAR SAVINGS AND LOAN, CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION, FIRST INTERSTATE BANK, AND AUTHORIZING SIGNATURES THEREFOR, AND REPEALING RESOLUTION NO. 82-3-16-7 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None The Resolution authorizes the following signatures on checks drawn on City accounts: Lawrence F. Buchheim, Mayor, or Anthony L. Bland, Mayor pro tem, and John C. Gibson, City Treasurer, or Mary Ann Hanover, Deputy City Treasurer MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Bland that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None -9- 4/20/82 196 PRESEATATIONS AND COMMENDATIONS 1. PROCLAMATION - MISS SAN JUAN CAPISTRANO WEEK APRIL 25 - MAY 1, 1982 (29) Mayor Buchheim read the Proclamation in full setting the - week of April 25 - May 1, 1982, as Miss San Juan Capistrano Week. It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried that the Proclamation be adopted. The 13th Annual Contest will be held at the Capistrano Valley High School on Saturday, May 1, at 7:30 P.M., and is sponsored by the Chamber of Commerce. Committee Chairman Orrie Brown invited the Council's attendance at the event and the 10 contestants for the title of Miss San Juan Capistrano introduced themselves to the Council. 2. PROCLAMATION - RANCHO MISSION VIEJO 100th ANNIVERSARY (71) It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to adopt the Proclamation in celebration of Rancho Mission Viejo's 100th anniversary under ownership of the O'Neill family. Mayor Buchheim advised that the Proclamation will be presented at the Ranch festivities on Saturday, April 24. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated April 20, 1982, Warrant Register No. 82-102, in the total amount of $1,094,722.06, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (41) The City Treasurer's Report of Investments as of March 31, 1982, in the total amount of $7,979,474.01, was approved as submitted. -10- 4/20/82 19'7 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of March 31, 1982, in the total amount of $731.33, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (41) The City Treasurer's Report of Fund Cash Balances as of March 31, 1982, was approved as submitted. 5. DECORATIVE ENTRY TREATMENT. BELFORD TERRACE, TRACT 9382 (85) The report dated April 20, 1982, from the Director of Public Works, setting forth proposed plans to modify and enhance the entry to Tract 9382 at Belford Drive and Ortega Highway, was ordered received and filed. 6. APPEAL OF PLANNING COMMISSION DECISION, REZONE 82-3 AND SAN JUAN CREEK ROAD (MEB DEVELOPMENT CORPORATION) (95) As set forth in the report dated April 20, 1982, from the City Clerk, a public hearing was set for the meeting of May 4, 1982, on the appeal filed by Michael Brown of MEB Development Corporation, in conjunction with the Planning Commission's denial of the Site Plan for Rezone 82-3 and Architectural Control. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 82-1'(A) - SCHOOL FACILITIES MASTER PLAN (46) This Hearing was continued from the Council meeting of April 6, 1982. Proposal: To determine if additional future public school sites are needed in the City upon ultimate residential build -out. The General Plan Amendment would provide specific potential locations for future elementary and junior high school sites. All proposed school sites to be marked by a floating dot to give only a general location until actual purchase by the school district. The General Plan Amendment would identify several possible high school sites with a mechanism for further study and ultimate designation of a single site. In addition, more specific designations of existing school sites would be provided. Designation of specific future school sites would activate Ordinance No. 424, which levies Senate Bill 201 fees on new residential development. -11- 4/20/82 198 Applicant: This is a City -initiated Hearing. Written Communications; Report dated April 20, 1982, from the Director of Community Planning and Development, setting forth the background of the proposed Amendment, and forwarding the Planning Commission and staff recommendations of approval. Maps were on display depicting the proposed elementary and junior high school sites and the candidate high school sites. Larry Lawrence, Senior Planner, noted that pursuant to student generation figures, 4 new school sites would be needed east of the I-5 freeway upon residential build -out. He pointed out the proposed elementary and junior high school sites and noted that each of the candidate high school sites - Buchheim Field west of I-5, the Honeyman Ranch, Ortega PC, Forster Canyon, Glendale Federal and the Lacouague Ranch east of I-5, has disadvantages and further study will be needed to determine if the difficulties can be mitigated. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and the following persons addressed Council: (1) Mary Lou Smith, Facilities Coordinator for the Capistrano Unified School District, addressed Council in support of the proposed School Facilities Master Plan and discussed funding and various problems faced by the School District. (2) Richard Rebal, Group Vice -President, Glendale Federal Savings and Loan, expressed concern regarding the candidate high school sites within the Glendale Federal property and noted that some assurances had been given that the Glendale Federal site would not be considered. (3) Colonel Ridgley Ryan, 31351 Avenida Los Cerritos, addressed the Council in opposition to the identification of possible school sites in the Los Cerritos Ranch property. Mary Lou Smith offered assurances that since the candidate sites had significant drawbacks, they would only be considered if no other sites could be found to meet the needs of the School District, and requested the right of review of development plans for the sites. -12- 4/20/82 There being no one else wishing Mayor Buchheim closed the Public reopen at any time. 199 to address the Council Hearing with the right to Intent to Approve Amendment: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to indicate the Council's intent to adopt the General Plan Amendment text and map changes as part of the overall action on General Plan Amendment 82-1, with the understanding that the site location study would continue. Mayor Buchheim noted for the record that he has no interest in the candidate high school site west of the freeway designated as Buchheim Field. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 453 - STANDARDS FOR DEVELOPMENT OF TENNIS COURTS IN RESIDENTIAL DISTRICTS (95) Written Communications: Report dated April 20, 1982, from the City Clerk advising that the Ordinance was regularly introduced at the City Council meeting of April 6, 1982, and was scheduled for adoption. Adoption of Ordinance No. 453: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Ordinance be adopted: ORDINANCE NO. 453, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ADDING DEVELOPMENT STANDARDS TWNTATTC rnTTRTR - nN nRnTNnMrF nP TP7 rTTV nF CA' CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.404, 9-3.401 THROUGH 9-3.409, 9-3.414, 9-3.415, 9-3.418 THROUGH 9-3.420, 9-3.604 AND 9-3.607 OF THE MUNICIPAL CODE, PROVIDING STANDARDS AND REVIEW PROCEDURES FOR DEVELOPMENT OF TENNIS COURTS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSTAIN: Councilman Friess ABSENT: None -13- 4/20/82 F- 200 2. ADOPTION OF ORDINANCE NO. 454 - FEES FOR INTERIM SCHOOL FACILITIES (78) Written Communications: Report dated April 20, 1982, from the City Clerk advising that the Ordinance was regularly introduced at the City Council meeting of April 6, 1982, and was scheduled for adoption. Adoption of Ordinance No. 454: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Bland that the following Ordinance be adopted: ORDINANCE NO. 454 - FEES FOR INTERIM SCHOOL FACILITIES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-2.509 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE - FEES FOR INTERIM SCHOOL FACILITIES The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSTAIN: Councilman Friess ABSENT: None 3. ADOPTION OF ORDINANCE NO. 455 - REZONE 81 in r.n nnwr�mnrrmm�nc rmn \ (95) Written Communications: Report dated April 20, 1982, from the City Clerk, advising that the Ordinance had been regularly introduced at the City Council meeting of March 2, 1982, and was scheduled for adoption. Adoption of Ordinance No. 455: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Bland that the following Ordinance be adopted: -14- 4/20/82 201 ORDINANCE NO. 455, REZONE 81-7 (SAS CONSTRUCTORS LTD.) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 398 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 650-161-01 FROM PR (PRIVATE RECREATION) TO PD (PLANNED DEVELOPMENT, SPECIFIC DEVELOPMENT PLAN 82-2) (SAS CONSTRUCTORS LTD.) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSTAIN: Councilman Friess ABSENT: None RESOLUTIONS 1. APPROVAL OF GENERAL PLAN AMENDMENT 82-1 (SCHOOL FACILITIES MASTER PLAN AND SAS CONSTRUCTORS LTD. (46) Written Communications: Report dated April 20, 1982, from the Director of Community Planning and Development, forwarding the Planning Commission and staff recommendation of approval of General Plan Amendment 82-1. Adoption of Resolution: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 82-4-20-4, GENERAL PLAN AMENDMENT 82-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TAKING ACTION ON ITEMS A AND B OF GENERAL PLAN AMENDMENT 82-1 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None -15- 4/20/82 202 The Resolution sets forth the General Plan text amendments and map changes for Item A, the School Facilities Master Plan (Potential Future Public School Sites), and Item B, SAS Constructors Ltd., a change in land use designation from Commercial Recreation to Public and Institutional for land located adjacent to Mission Hills Drive. 2. REGULATIONS GOVERNING AND REGULATING STREET LIGHTING (53) Written Communications: Report dated April 20, 1982, from the Director of Public Works forwarding a resolution listing concerns of the California City -County Street Lighting Association and requesting the California Public Utilities Commission to consider the concerns and adopt regulations to govern and regulate street lighting policies and rate structures. At the request of the Director of Public Works, and with the concurrence of Council, Mayor Buchheim directed that this item be held over to the meeting of May 4, 1982. 3. CONVERSION OF PROPERTY SERVICES AND POLE REMOVALS - (90) Written Communications: Report dated April 20, 1982, from the Director of Public Works, forwarding a resolution establishing dates for conversion of electrical services in the Verdugo Undergrounding District. The District is adjacent to the Capistrano Depot and Multi -Modal Terminal project. Adoption of Resolution: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 82-4-20-5, CONVERSION OF PROPERTY SERVICES AND POLE REMOVALS VERDUGO STREET UNDERGROUNDING DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SCHEDULING CONVERSION OF PROPERTY SERVICES AND POLE REMOVALS - VERDUGO STREET UNDERGROUNDING DISTRICT The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None -16- 4/20/82 203 The Resolution sets the following dates: By June 22, 1982, property owners to complete conversion of overhead systems to receive underground electrical service; By July 20, 1982, poles and overhead facilities within the Underground District to be removed. BIDS, CONTRACTS, AGREEMENTS 1. APPROVAL OF AGREEMENT FOR UNDERGROUND ELECTRICAL EXTENSIONS (74) Written Communications: Report dated April 20, 1982, from the Director of Public Works, requesting approval of an agreement with the San Diego Gas and Electric Company to provide a refund to the property owners in Assessment District 78-3, as compensation for electrical distribution facilities installed by the District. The refund is in the amount of $29,389, and allocation will be based upon the debt assigned to each property in the Assessment District Engineer's report. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the "Agreement for Underground Electrical Extensions to and Within New Commercial and Industrial Development" between the City and San Diego Gas and Electric Company and to authorize the Mayor and City Clerk to execute the document. 2. AMENDMENT TO AGREEMENT - MULTI -MODAL TERMINAL (38) Written Communications: Report dated April 20, 1982, from the City Manager forwarding a request from Caltrans to extend the date of completion of the Multi -Modal Terminal project due to delays in the preparation of construction documents and the required time necessary for State review and approval. Approval of Amendment to Agreement: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve Amendment No. 1 to Agreement No. 64520 for construction of the Multi -Modal Terminal extending the completion date of the project to July 1, 1983. The Mayor and City Clerk were authorized to execute the document on behalf of the City. -17- 4/20/82 204 Councilman Bland suggested consideration be given to installation of a stop sign at the two-way ingress/egress at the entry to the Depot. ADMINISTRATIVE ITEMS CITY MANAGER L. AMENDMENT TO AGREEMENT - SAN JUAN CAPISTRANO LIBRARY (38) Written Communications: Report dated April 20, 1982, from the City Manager advising that the item was deleted from the Council Agenda pending review of suggested changes by bond counsel Jones, Hall, Hill & White. CITY ATTORNEY 1. STATUS REPORT - MOBILEHOME PARK REVIEW COMMITTEE ORDINANCE, INTRODUCTION OF ORDINANCE NO. 456 AND FORMATION OF AD HOC COMMITTEE (23) The City Attorney reviewed the actions taken at the April 15 Council meeting held to discuss a proposed new Mobilehome Park Ordinance, noting that the Boards of Directors of each park were given copies of the ordinance for review and comment at a meeting scheduled for May 26. It was noted that the Special Counsel recommended clarifying provisions of the City's existing Ordinance and Mr. Okazaki suggested a first reading of an amendment, citing his concern that the City not lose ground on its Appeal. He also suggested formation of an ad hoc committee to review and comment on May 26, possibly composed of either the Mobilehome Park Review Committee or a homeowner and park representative from each park. Formation of Ad Hoc Committee: Following discussion, it was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried that an ad hoc committee be formed with a representative from each park to review and comment on the amendment at the May 26 meeting; Councilmen Friess and Schwartze will serve as Council representatives. Introduction of Ordinance No. 456: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Friess, seconded by Councilman Schwartze that the following ordinance be introduced: -18- 4/20/82 1205 ORDINANCE NO. 456, MOBILEHOME PARK REVIEW COMMITTEE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 9, CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES 1. CATV SERVICE AREA REQUEST - TRACT 10217 (STORER CABLE TV, INC.) (85) Written Communications: Report dated April 20, 1982, from the Assistant City Manager/ Director of Administrative Services forwarding a request made by Storer Cable TV, Inc., to add San Juan Capistrano Ranch (Tract 10217-A) to their designated service areas. The tract is located in the vicinity of Rancho Viejo Road and Ganado Road. Deferral of Approval: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to defer approval of the addition of Tract 10217 to the designated service area of Storer Cable TV, Inc., and to refer the request to the Ad Hoc Cable Television Committee for recommendation at a future City Council meeting. 2. APPROVAL OF REQUEST FOR FUNDS - ASSEMBLY BILL (76) Written Communications: Report dated April 20, 1982, from the Assistant City Manager/Director of Administrative Services setting forth the requirements of Assembly Bill 699 which must be met before a cable television system may file a declaration with a city to be exempt from city regulation or control as to rates, charges or rate structures. The report also sets forth the Points and Authorities in the lawsuit filed by the Cities of Pittsburg and Antioch challenging the validity of the Bill. The two cities had requested financial support for the lawsuit. -19- 4/20/82 206 Approval of Financial Participation: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to approve the City's financial participation in the lawsuit filed by the City of Pittsburg and to authorize an expenditure in the amount of $500 from the Department of Administrative Services Account 01-4160-214. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. HOUSING OPPORTUNITIES PROGRAM WORKSHOP (85) Written Communications: Report dated April 20, 1982, from the Director of Community Planning and Development. Housing Opportunities Program Workshop: With the concurrence of Council, Mayor Buchheim directed that a worksession to discuss the Housing Opportunities Program be set for Wednesday, April 28, 1982, at 7:00 P.M., in the City Council Chamber. 2. STUDY AREA "A," CENTRAL BUSINESS DISTRICT FINAL REPORT (68) Written Communications: Report dated April 20, 1982, from the Director of Community Planning and Development, forwarding a summary of the development guidelines recommending land uses and circulation patterns for Area A of the Central Business District, and a proposed resolution to adopt the guidelines as City policy. Area A generally includes the property presently occupied by the Drive -In Theater, Capistrano Gardens Nursery, and three existing developments fronting Camino Capistrano. Mark Hall, consultant, discussed the proposed project, which includes an arcade system, a theme structure, landscaping, 4 parking areas and a signalized intersection at the entry off Del Obispo and Camino Capistrano, necessary curb cut closures and revised architectural treatment of existing building facades. Raymundo Becerra, Senior Planner, noted concerns with - implementation in terms of the City's contribution and how the development will coordinate with the downtown and Los Rios areas. Council discussed necessary City assistance and the possible formation of an assessment district. Ted Stroschein, expressed his appreciation that the property owners were allowed to participate in development of the plan, and stressed the need for flexibility. -20- 4/20/82 207 Adoption of Guidelines: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 82-4-20-6, AREA A LAND USE AND CIRCULATION DEVELOPMENT GUIDE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING LAND USE AND CIRCULATION GUIDELINES FOR DEVELOPMENT OF AREA A OF THE CITY'S CENTRAL BUSINESS DISTRICT The motion carried as follows: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze and Mayor Buchheim NOES: None ABSENT: None The item was referred to the Planning Commission for recommendation and the public hearing process. 3. APPROVAL OF REQUEST FOR MUNICIPAL CODE AMENDMENT CHRIST UNITY CAPISTRANO (61) Written Communications: Report dated April 20, 1982, from the Director of Community Planning and Development, forwarding a request received from Christ Unity Capistrano to initiate a Code Amendment to the Tourist Commercial District regulations to allow religious meetings and seminars. The church currently operates a Wedding Chapel and bookstore/office in the Mission Hacienda Plaza and wishes to conduct classes in the chapel space. The report forwarded a staff recommendation of denial. Public Comment: (1) Mona Ware, President of the Board of Directors of Christ Unity Capistrano, read a prepared statement in favor of the request and clarified that church services would continue to be held at the Women's Club and the request was to allow use of the chapel space for small classes. (2) Maurice Schmidt, owner/manager of Mission Hacienda, addressed the Council in support of the request. -21- 4/20/82 los 4. Initiation of Code Amendment: Following Council discussion, it was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to initiate a code amendment to the CT (Tourist Commercial) District to allow a religious instructional activities and to refer the item to the Planning Commission for review. PROPOSED CODE AMENDMENT, SMALL GAME MACHINES IN CT DISTRICT Councilman Schwartze noted that small game machines exist in various eating and cocktail establishments in the CT (Tourist Commercial) District. Following discussion and with the concurrence of Council, Mayor Buchheim directed that the matter be referred to staff for report at a later date. Mr. Merrell clarified that pending zoning enforcement actions would be deferred until the issue is resolved. RECESS AND RECONVENE The Council recessed at 9:10 P.M., and reconvened at 9:25 P.M. DIRECTOR OF PUBLIC WORKS 1. STATUS REPORT - PLANT OPERATION/PUBLIC INFORMATION I nr.n" (79) Written Communications: Report dated April 20, 1982, from the Director of Public Works advising that two Committees had been activated: an Operations Committee, to determine how well treatment processes are being performed; and, a Public Information Committee, to address increased public interest in the operation of the SERRA Treatment Plant. Forwarded with the report was a letter to the SERRA Board of Directors requesting formal responses to pressing issues. The Council reviewed the six items in the letter and noted that action had already been taken by the Council in support of four of the items, as follows: (1) Establishing the Solids Handling Facility on the Capistrano Beach Site; (2) Modifying the existing plan to add 3 MGD; (3) Continuing efforts on Project Committee No. 12 '- future plant expansion; -22- 4/20/82 209 (4) Retaining a SERRA General Manager. With regard to the two remaining items, it was moved'by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to: (1) Participate in a SERRA budget of $200,000 for odor control modifications; and, (2) Support applying for a waiver to the ocean discharge permit. 2. CIRCULATION STUDY - AGUACATE ROAD/SACARAMA LANE/VIA ESTELITA (44) Written Communications: (1) Report dated April 20, 1982, from the Director of Public Works submitting cost analyses and three alternative plans, as well as the original assessment district plan, for construction of the Via Estelita extension from its present terminus northwesterly to Peppertree Bend in the Bear Brand Ranch. The report was submitted in response to Council direction of August 20, 1980, and recommended that a workshop be scheduled to receive public input. (2) Letter dated April 20, 1982, from Gerald Gibbs, Attorney, on behalf of Harlan Rogers, in opposition to the project, particularly the assessment district and alternatives B and C. Maps were on display depicting the construction alternatives, and Mr. Murphy summarized past actions on the matter. Dick Spaulding, 31611 Sacarama Lane, addressed Council in opposition to the project, stating that traffic relief would be minimal and the cost extreme; that environmentally the commuter road, as proposed, is not consistent with the rural character of the area; that additional workshops would serve no purpose. Council discussed circulation in the area of Sacarama and Calle Aspero; secondary access to Peppertree Bend; alternatives for use of Avenida Evita; and, alternatives to construction of the Via Estelita extension. -23- 4/20/82 210 Initiation of General Plan Amendment: Councilman Hausdorfer cited his support for elimination of the Via Estelita extension from the General Plan, and it was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to initiate a General Plan Amendment to determine the feasibility of eliminating that portion of Via Estelita between its present terminus and Peppertree Bend from the General Plan; and, to direct staff to restudy the circulation for the entire area, excluding Via Estelita west of Avenida Evita. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF ACTIONS OF APRIL 13, 1982 (67) The report of Actions taken by the Planning Commission at its meeting of April 13, 1982, was ordered received and filed. COUNCIL REMARKS 1. ORTEGA HIGHWAY/I-5 FREEWAY RAMPS (44) Councilman Friess requested a report be prepared for a future meeting regarding actions to correct traffic problems at the Ortega Highway/I-5 Freeway ramps; further, that State Assembly and State representatives be requested to attend. 2. PARKING OF USE CAR SALES (64) In response to Councilman Friess, Mayor Buchheim and the City Manager will contact Mr. Stroschein regarding parking of used cars for sale on private property fronting Del Obispo Street between the Orange County Fire Station and Marie Callenders. 3. CIRCULATION STUDY — NORTHERLY PORTION OF CITY (87) Councilman Hausdorfer requested a report be prepared regarding the status of the circulation study in the general area of the Bathgate property at the northwest area of the City. 4. SENATE BILL 1425 (51) Councilman Hausdorfer cited a letter received in opposition to Senate Bill 1425, regarding large-scale residential developments. -24- 4/20/82 211 5. TREES ON CADILLAC/FAIRVIEW PROPERTY, TRACT 11086 (85) Councilman Hausdorfer requested a response be made to a letter dated February 22, 1982, from Merton Pratt, 32792 Via Amo, regarding the trees on the Cadillac/Fairview Property. 6. MAINTENANCE OF TENNIS COURTS - MARCO FORSTER JUNIOR HIGH SCHOOL (78) Councilman Hausdorfer cited a letter regarding screening, painting and lighting of the tennis courts at Marco Forster Junior High School. 7. SWALLOWS DAY OF ALCOHOLIC BEVERAGES (61) Councilman Bland cited a letter from Russell Armstrong regarding intoxication of Swallows Day Parade participants. It was moved by Councilman Friess, seconded by Councilman Bland that, since it is not in the best interests of the City or the parade participants, Sheriff's Officers would be assigned to the parade staging area with authority to remove any intoxicated parade participant. With the approval of the second, the motion was subsequently amended to direct that this matter be included with other concerns and returned for action at a later date. The motion carried unanimously. 8. OFF-TRACK BETTING - PROPOSED LEGISLATION (51) Councilman Bland cited receipt of a packet regarding proposed off-track betting legislation and following discussion, suggested a resolution be prepared in opposition to the lack of local control. 9. ELECTION SIGNS (25) In response to Councilman Bland, staff was directed to forward a letter to the Groves campaign headquarters regarding City regulations for posting of signs. 10. SPEED BUMPS SAN JUAN PLAZA (87) Councilman Bland cited the severity of the speed bumps installed in San Juan Plaza. 11. CITY FEE STRUCTURE (68) Councilman Schwartze noted that letters were written to CEEED and BIA regarding the City's development fees. -25- 4/20/82 212 12. COOK PARK RESTROOMS (62) Councilman Schwartze noted that maintenance was needed on the restrooms in Cook Park. 13. SENIOR CITIZENS CENTER (62) Councilman Schwartze noted that the Board of Supervisors had acted favorably on the use of the old San Juan Fire Station on La Matanza Avenue as a Senior Citizens Center. CLOSED SESSION Council recessed to Closed Session at 10:28 P.M., for the discussion of legal and personnel matters, the City Clerk being excused therefrom, and reconvened at 11:00 P.M. COUNCIL SESSION 1. PERSONNEL (APPOINTMENT OF ASSOCIATE CIVIL ENGINEER) (66) It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to authorize the City Manager to fill the Associate Civil Engineer position at a salary step above the entry level. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:03 P.M. to Wednesday, April 28, 1982, at 7:00 P.M., in the City Council Chamber, for discussion of the Housing Opportunities Program. Respectfully submitted, ATTEST: -26- 4/20/82