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
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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
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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:
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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
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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
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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.
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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:
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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.
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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.
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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.
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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;
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(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.
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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.
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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.
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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:
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