82-0601_CC_Minutes_Regular MeetingJUNE 1, 1982
5)53
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 Buchheim at
7:08 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Larry
Ford, Capistrano Valley Baptist Church.
ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor
Anthony L. Bland, Mayor pro tem
tem
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
ABSENT: Phillip R. Schwartze, Councilman
STAFF PRESENT: E. Phillip Hale, Assistant City Manager/Director
of Administrative Services; William D. Murphy, Director of Public
Works; Thomas Tomlinson, Associate Planner; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk; Loretta Zimmerman,
Assistant to the City Manager.
MINUTES
Regular Meeting of May 18, 1982
It was moved by Councilman Hausdorfer, seconded by Councilman Friess
that the Minutes of the regular meeting of May 18, 1982,yy)be approved
with the following amendment to page 18: Paragraph No. t1: Delete
the words regarding high school sites, and . . ."' Insert
the words ". by Superintendent Thornsley, who indicated that
no high school would be built in San Juan Capistrano." The motion
carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Friess, seconded by Councilman Hausdorfer
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES:
NOES:
ABSENT:
Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
None
Councilman Schwartze
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6
r
ORAL
COMMUNICATIONS
1. REQUEST FOR LEGISLATION - DISBURSAL OF PUBLIC GATHERINGS
(70) Blanche Chester, 26438 Paseo Carmel, requested that legislation
be enacted to prohibit drinking on public streets and
rights-of-way and to allow dispursal of group gatherings.
There was a concurrence of Council that the City Attorney _
submit a report on the subject.
WRITTEN COMMUNICATIONS
1. LETTER SUPPORTING REDEVELOPMENT CONCEPT (CHAMBER OF
rnnmmvorv%
(29) Council received copies of a letter dated May 17, 1982,
from Joe Quintana, President, Chamber of Commerce advising
of the Board of Directors support for the establishment by
the City of a new economic Redevelopment Agency, under the
direct supervision and control of the City Council, for the
purpose of securing tax revenues generated by new commercial
construction to be utilized in the improvement and maintenance
of future needs of the City.
Referral to Planning Department:
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland and unanimously carried to refer the item to the Planning
Department for future consideration and report for public
discussion and explanation of the redevelopment agency process.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland 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,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
1. APPROVAL OF WARRANTS
(41) The List of Demands dated May 18, 1982, Warrant Register No.
82-121, in the total amount of 84,951.39, was approved as
submitted.
2. REPORT OF PARKS AND RECREATION COMMISSION MEETING
OF MAY 17, 1982
(62) The Report dated June 1, 1982, from the Secretary of the Parks
and Recreation Commission regarding actions taken at the
meeting of May 17, 1982, was ordered received and filed.
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REPORT OF EQUESTRIAN COMMISSION MEETING OF MAY 24, 1982 - 2 =lir
TRAIL MAINTENANCE REVIEW VVv
This item was removed from the Consent Calendar for discussion.
(23) The Report dated June 1, 1982, from the Secretary of the
Equestrian Commission regarding actions taken at the
meeting of May 24, 1982, was ordered received and filed.
There was a concurrence of Council that the Equestrian
Commission be directed to (1) investigate the possibility
of implementing a user fee to provide funds for trail
maintenance; and, (2) consider annual maintenance costs
for inclusion in the 1982-87 fiscal budget.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS
OF MAY 12, 1982 AND MAY 26, 1982
This item was removed from the Consent Calendar for discussion.
(23) The Report dated June 1, 1982, from the Secretary of the
Traffic and Transportation Commission regarding actions
taken at the meetings of May 12, and May 26, 1982, was
ordered received and filed.
Council requested that the study of traffic conditions at
the intersection of Calle Belmonte and Via Sonora be
presented at the earliest possible time.
PUBLIC HEARINGS
1. REZONE 82-5, MODIFICATION TO GROWTH MANAGEMENT
(85) This Public Hearing was continued from the meeting of May
18, 1982.
Written Communications:
Report dated June 1, 1982, from the Director of Community
Planning and Development forwarding staff findings and the
Planning Commission recommendation of approval.
Applicant:
Black Mountain Villas, 2643 Fourth Street, San Diego 92103
Property Owner:
James Diffley, 1 San Mateo Way, Newport Beach 92625
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i
2 56 Exhibits were on display, and Tom Tomlinson, Senior Planner,
made an oral presentation and recommended that Condition
21.b relating to landscape buffering of Tract 9373 (Los Corrales)
be deleted.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim -
re -opened the Public Hearing and the following persons
responded:
1. Tim Kruer, representing Black Mountain Villas, stated
that Lot 3 is as originally proposed with modifications;
that the open space area was realigned; requested that
accessory equestrian structures be allowed on the open
space areas; concurred with slope failure bonding; asked
that Condition 19 be removed since it is a constraint on
another property which would preclude financing.
Councilman Friess recommended that Condition 19 be
deleted with the understanding that the matter be
discussed with the applicant, the Director of Community
Planning and Development, and Council representatives.
Councilman Hausdorfer requested the City Attorney's
opinion regarding clouding of title of another property.
2. Nancy Ferruzzo, 28291 Via Rueda, addressed stabilization
of Lots 4, 5, and 6; "skylighting" of the residence on
Lot 3; was advised that any structure beyond a fence
within the open space areas would require a Conditional
Use Permit; stated she had no concerns with the present
plan.
3. Jim Clark, 28382 Paseo Establo, addressed emergency access
provisions behind his property, and between his property
and Lot 23 requiring a 20' easement adjacent to the
equestrian trail, and requested that an alternative
emergency access plan be formulated.
Councilman Bland suggested a reduction in width of the
easement with a decomposed granite surface utilized.
There was a consensus of Council that the easement be
11' wide with a crushed brick or suitable substance,
with a break -away barrier similar to the equestrian trail
fencing.
Mr. Clark suggested additional landscaping be required
for privacy from the open space area.
4. Dennis Haehn, Traffic and Transportation Commission member,
cited Condition 16 and the need to cover the ditch and
stated support for Condition 21(b), the landscape buffering
program.
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5. Tim Kruer stated that landslide #2 was thoroughly 2 57
reviewed by the soils engineer; that he would work with
City staff on the development of Lot 3; opposed restrictions
on structures in the open space area and supported
installation of equestrian facilities, trees and crops;
supported the installation of street trees but not box
trees; concerns with the brow ditch would be resolved
prior to submittal of the final map.
There being no further response, the Hearing was closed with
the right to re -open at any time.
Mitigated Negative Declaration:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to certify the issuance of
a mitigated Negative Declaration.
Approval of Rezone 82-5 (Hidden Mountain):
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
and seconded by Councilman Hausdorfer that the following
Ordinance be introduced:
ORDINANCE NO. 460, REZONE 82-5 (HIDDEN MOUNTAIN) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293 BY CHANGING THE ZONING ASSESSOR'S
PARCEL NO. 664-100-01 FROM OS (OPEN SPACE), OR (OPEN
SPACE RECREATION), AND ES (SMALL ESTATE) TO 90RS (20,000),
ES (SMALL ESTATE), ES (30,000) AND OS (OPEN SPACE)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
Approval of Modification to the Previously Approved
Growth Management Concept Plan for Lot 70, Tract 9786:
It was moved by Councilman Friess and seconded by Councilman
Hausdorfer that the following amendment be made to the
Resolution of approval:
Condition 2: Nine additional building permit
allocations is changed to eight.
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--
0,58
Condition 16, add: The emergency access road shall
It was moved by Councilman Friess and seconded by Councilman
Hausdorfer that the following Resolution be adopted with the
amendments cited above and with the condition that improvements
for temporary emergency access shall be deferred to the latest
possible date:
RESOLUTION NO. 82-6-1-1, MODIFICATION TO APPROVED
RESIDENTIAL CONCEPT PLANS (GROWTH MANAGEMENT)
(HIDDEN MOUNTAIN) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
A MODIFICATION TO APPROVED RESIDENTIAL CONCEPT PLANS
FOR GROWTH MANAGEMENT 77-3 (HIDDEN MOUNTAIN)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
Grading Controls:
There was a concurrence of Council that Mayor Buchheim,
Councilman Friess, Tim Kruer, and the Director of Community
Planning and Development form a committee to discuss grading
controls.
RECESS AND RECONVENE -
Council recessed at 8:50 p.m. and reconvened at 9:02 p.m.
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remain within the existing trail
widths to the extent possible with
a decomposed granite or similar
surface; barrier fencing shall be
consistent with the City's standard
trail fencing.
Condition 17,
Buffering along the west boundary of
add (c):
Lot 21 to offset the impacts of
future temporary access.
Condition 19:
Delete.
Condition 21 (b):
Delete.
It was moved by Councilman Friess and seconded by Councilman
Hausdorfer that the following Resolution be adopted with the
amendments cited above and with the condition that improvements
for temporary emergency access shall be deferred to the latest
possible date:
RESOLUTION NO. 82-6-1-1, MODIFICATION TO APPROVED
RESIDENTIAL CONCEPT PLANS (GROWTH MANAGEMENT)
(HIDDEN MOUNTAIN) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
A MODIFICATION TO APPROVED RESIDENTIAL CONCEPT PLANS
FOR GROWTH MANAGEMENT 77-3 (HIDDEN MOUNTAIN)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
Grading Controls:
There was a concurrence of Council that Mayor Buchheim,
Councilman Friess, Tim Kruer, and the Director of Community
Planning and Development form a committee to discuss grading
controls.
RECESS AND RECONVENE -
Council recessed at 8:50 p.m. and reconvened at 9:02 p.m.
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259
2. REZONE 82-4 AND TENTATIVE TRACT 10134, SAN JUAN CREEK
ROAD (DIFFLEY/BLACK MOUNTAIN VILLAS)
(85) This Public Hearing was continued from the meeting of
May 18, 1982.
Written Communications:
(1) Report dated May 18, 1982, and resubmitted June 1, 1982,
from the Director of Community Planning and Development.
(2) Letter dated May 24, 1982, from Winston Gudmunson,
28272 Paseo Corrales, San Juan Capistrano 92675
opposing the project.
Exhibits were on display, and Tom Tomlinson, Senior Planner,
made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
re -opened the Public Hearing, and the following persons
responded:
1. Tim Kruer, representing Black Mountain villas and
Dr. Diffley, spoke in support of the project.
Tom Tomlinson advised that the density transfer to Lot 70,
Tract 9786, should be 9 units rather than 8. The Director
of Community Planning and Development noted that approval of
the tract map would represent the ultimate General Plan
capacity for Tracts 10134 and 9786, with a transfer of up to
a maximum of 9 units.
Amendment to Resolution:
Following discussion, Council approved an amendment to the
first sentence of Condition 22 0£ the proposed resolution to
read as follows:
"Density Transfer: Under this approval, the applicant
shall record a document, approved by the City Attorney
as to format, establishing this Tract Map, together
with the density transfer of up to 9 units to Lot 70,
Tract 9786, as the maximum development potential of
the property."
Approval of Rezone 82-4
(Diffley/Black Mountain Villas):
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 Hausdorfer that the following Ordinance be
introduced:
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260
3.
ORDINANCE NO. 461, REZONE 82-4 (DIFFLEY) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF ASSESSOR'S PARCEL NO. 124-223-37
FROM GM (GROWTH MANAGEMENT) TO ES (SMALL ESTATE),
EL (LARGE ESTATE) AND EL(15) (LARGE ESTATE, MINIMUM
LOT SIZE 15 ACRES)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
Approval of Tentative Tract 10134
(Diffley/Black Mountain Villas):
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer that the following Resolution be adopted with the
amendment stated above:
RESOLUTION NO. 82-6-1-2, APPROVAL OF TENTATIVE TRACT
MAP 10134 (DIFFLEY) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 10134 (DIFFLEY)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
REVISED TENTATIVE PARCEL MAP 80-856
(SCHAUWECKER)
(85) Proposal:
Consideration of a revision to a previously -approved Tentative
Parcel Map 80-856, eliminating the southwestern property and
reducing the parcel numbers from four to three. No other -
changes in the map are proposed.
Applicant and Property Owner:
Dr. and Mrs. Thomas G. Schauwecker, 32391 San Juan Creek
Road, San Juan Capistrano 92675.
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261
Written Communications:
(1) Report dated June 1, 1982, from the Director of
Community Planning and Development, forwarding staff
findings and recommendation of approval made by the
Planning Commission on May 11.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and the following persons
responded:
1. Elmer Christianson, civil engineer, representing the
applicants, requested that the three Agenda items
dealing with the property be considered consecutively,
and Council concurred.
Approval of Tentative Parcel Map 80-856:
It was moved by Councilman Hausdorfer and seconded by
Councilman Friess that the following Resolution be adopted:
RESOLUTION NO. 82-6-1-3
iota
APPROVAL OF TENTATIVE
ECKER) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 80-856
(SCHAUWECKER)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
DIRECTOR OF PUBLIC WORKS
1. APPROVAL OF PARCEL MAP 80-856 - SAN JUAN CREEK ROAD
(SCHAUWECKER)
(85) Written Communications:
Report dated June 1, 1982, from the Director of Public Works
regarding the review by the Engineering Division of Parcel
Map 80-856; property located on San Juan Creek Road.
Approval of Parcel Map 80-856:
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland and unanimously carried to approve Parcel Map 80-856,
conditioned on the approval of Tentative Parcel Map 80-856,
by determining that said map is consistent with the General
Plan of the City and in substantial compliance with the
tentative map.
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262
2. RIGHT-OF-WAY EASEMENT, SAN JUAN CREEK ROAD
(SCHAUWECKER)
(38) Written Communications:
Report dated June 1, 1982, from the Director of Public Works
forwarding the Right-of-way Easement for San Juan Creek Road.
Approval of Right -of -Way Easement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland and unanimously carried to approve and accept the
Right -of -Way Easement for San Juan Creek Road (Schauwecker).
The Mayor and City Clerk were authorized to execute the easement
document and the City Clerk was directed to record the document
with the Orange County Recorder.
PUBLIC HEARINGS (CONT.):
4. CODE AMENDMENT 82-3 (OUTDOOR LIGHTING)
(39) Proposal:
Extension of the requirement for a Conditional Use Permit for
tennis court night lighting to all outdoor recreation and
equestrian uses.
Written Communications:
Report dated June 1, 1982, from the Director of Community
Planning and Development forwarding staff findings, Planning
Commission recommendation of approval, and Equestrian Commission
recommendation of approval.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and there being no response declared
the Hearing closed.
Approval of Conditional Use Permit for Outdoor
Lighting for Recreation and Equestrian Uses:
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
and seconded by Councilman Bland that the following Ordinance
be introduced:
ORDINANCE NO. 462, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - AMENDING OUTDOOR LIGHTING
REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.404,
9-3.401 THROUGH 9-3.409, 9-3.414, 9-3.415, 9-3.418,
AND 9-3.614 OF THE MUNICIPAL CODE, AMENDING OUTDOOR
LIGHTING REGULATIONS
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Motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
5. FUNDING OF ASSESSMENT STUDIES
MEREDITH CANYON SLOPE DISTRICT
(74) Proposal:
2 6�
Consideration of a loan of $20,000 to the Meredith Canyon Slope
District for the purpose of funding the preparation of a debt
limit report under assessment district proceedings with the goal
of repairing the failed slopes in Meredith Canyon.
Written Communications:
(1) Report dated June 1, 1982, from the Director of Public
Works.
(2) Letter dated June 1, 1982, from Donald Luschen, 32086
Camino Capistrano, San Juan Capistrano 92675 in
opposition.
(3) Letter dated June 1, 1982, from Robert W. Simpson,
33631 Calle Miramar, San Juan Capistrano 92675 in
opposition.
(4) Letter dated May 21, 1982, from Mr. and Mrs. J. R. Emley,
33702 Calle Miramar, San Juan Capistrano 92675 in
opposition.
(5) Letter dated May 19, 1982, from J. S. Bradford, Lot 57,
Tract 8087, Meredith Canyon in opposition.
(6) Letter dated May 28, 1982, from Dr. H. Kashani, 27141
Paseo del Este, San Juan Capistrano 92675 in opposition.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and the following persons responded
in support of the proposal:
1. John Northcutt, 33711 Calle Miramar, Community Association
Board Member.
2. Bob Mikolajczak, 26971 Via la Mirada, Community Association
Board Member.
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2 64 The followingpersons spoke in
p p opposition:
1. Daryl Beaver, 33552 Via de Agua.
There being no further response, the Hearing was closed with
the right to re -open at any time.
Approval of Loan to the Meredith Canyon Slope District:
It was moved by Councilman Friess and seconded by Councilman
Bland to approve a loan of $20,000 from the City of San Juan
Capistrano to the Meredith Canyon Slope District for the
purpose of preparing a debt limit report for the Meredith Canyon
Slope District Assessment District #82-1 (MCSD-AD 82-1), with
the understanding that the City anticipates that the loan will
be repaid within a reasonable period of time.
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, and Mayor
Buchheim
NOES: Councilman Hausdorfer
ABSENT: Councilman Schwartze
6. PROPOSED USE OF FEDERAL REVENUE SHARING FUNDS FOR FISCAL
YEAR ENDING JUNE 30, 1983
(41) Proposal:
As required by the Federal General Revenue Sharing Act, receipt
of public testimony on the proposed use of General Revenue
Sharing. Entitlement 4 allocations in the amount of $182,596
to be received during Federal fiscal year October 1, 1982, to
September 30, 1983.
Written Communications:
Report dated June 1, 1982, from the Director of Administrative
Services.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and there being no response declared
the Hearing closed.
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to receive and file the Report.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 459 - ITEM PRICE MARKING
ON PACKAGED CONSUMER COMMODITIES
(55) Written Communications:Report dated June 1, 1982, from the City Clerk
Ordinance had been regularly introduced at the City Council meeting
of May 18, 1982, and was scheduled for adoption.
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'265
Adoption of Ordinance No. 459:
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 Friess that the following Ordinance be
adopted:
ORDINANCE NO. 459, REPEAL OF ORDINANCE - ITEM
PRICE MARKING ON PACKAGED CONSUMER COMMODITIES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REPEALING SECTIONS 5-15.01, 5-15.02,
AND 5-15.03 (ORDINANCE NO. 404) OF THE MUNICIPAL
CODE - ITEM PRICE MARKING ON PACKAGED CONSUMER
COMMODITIES
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
RESOLUTIONS
1. SUPPORTING THE LOCATION OF U. S. CUSTOMS AND IMMIGRATION
SERVICES AT ONTARIO AIRPORT
(88) Written Communications:
Report dated June 1, 1982, from the Assistant to the City
Manager forwarding a Resolution supporting efforts to locate
U. S. Customs and Immigration services at Ontario Airport.
Adoption of Resolution:
It was moved by Councilman Bland, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
UTION NO. 82-6-1-4. SUPPORTING LOCATION OF
V.J• liVJyVI'L ..1 ALVL 11'3y'ly Vy\CL1yVLY JI:a L\V ll.l'+J — VLYlAl\1V
AIRPORT - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING
LOCATION OF U.S. CUSTOMS AND IMMIGRATION SERVICES AT
ONTARIO INTERNATIONAL AIRPORT
The motion carried by the following vote:
AYES:
NOES:
ABSENT
Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
None
Councilman Schwartze
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CITY BANK ACCOUNTS - INVESTMENT OF CITY FUNDS,
DEPOSITS/AUTHORIZED SIGNATURES
(41) Written Communications:
Report dated June 1, 1982, from the Director of Administrative
Services regarding the investment of City cash in depositories
paying the highest rate of interest.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 82-6-1-5, DEPOSIT AND 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 DEPOSIT CITY FUNDS
AND TO INVEST OR REINVEST CITY FUNDS, AND REPEALING
RESOLUTIONS NOS. 82-4-20-2 AND 82-4-20-3
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
BIDS, CONTRACTS, AGREEMENTS
1. APPROVAL OF BID - OSO ROAD AT TRABUCO CREEK
(83) Written Communications:
Report dated June 1, 1982, from the Director of Public
Works forwarding a recommendation of approval.
Approval of Bid:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to approve the bid by Ortega
Rock of $6,300 for construction of a gravel road "Arizona
crossing" of Trabuco Creek.
ADMINISTRATIVE ITEMS
ASSISTANT CITY MANAGER/DIRECTOR OF
ADMINISTRATIVE SERVICES
1. RATE INCREASE REQUEST (TM CABLEVISION)
(43) Written Communications:
(1) Report dated June 1, 1982, from the Assistant City Manager/
Director of Administrative Services forwarding a status
report regarding Cablevision rate increases.
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267
(2) Letter dated February 1, 1982, from Joni Denny,
District Manager, TM Cablevision, forwarding a request
for adjustments to the existing rate table.
Public Hearing Date Set:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to set a Public Hearing
on the requested rate increases for June 15, 1982, at
7:00 p.m. in the City Council Chamber.
Councilman Friess noted that the City is concerned with the
level of service.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. REQUEST FOR WAIVER, OFF-SITE GRADING REGULATIONS
(85) Written Communications:
(1) Report dated June 1, 1982, from the Director of Community
Planning and Development forwarding staff findings and
recommendation of denial of the proposed borrow of
approximately $49,000 cubic yards of fill material from
Parcel C to Parcels A and B, the La Novia Road extension,
and recreational vehicle storage area.
(2) Letter dated May 24, 1982, from Ervin Engineering,
621 S. Westmoreland Avenue, Los Angeles 90005 forwarding
a brief outline explaining the need for the earthwork
borrow site for the development of the Park Site and
the Recreational Vehicle Storage Area.
The Director of Community Planning and Development made an
oral presentation, and Lee Johnson, Glendale Federal Project
Engineer, requested that the waiver and off-site grading be
approved and requested that if approval is granted, Condition
4 requiring site restoration, be deleted; the developer would
be willing to provide bonding.
Approval of Grading Borrow Plan:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to grant the waiver and approve
the off-site grading borrow plan; an agreement is to be
executed prior to issuance of the grading plan with the
following conditions:
(1) Re -vegetation of the graded area with natural
grasses and chaparral.
(2) Agreement that the borrow grading or retention
basin will not influence future design or review
of development concepts submitted for Parcel C.
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(3) Full and effective maintenance of the retention
basin by Glendale Federal --with appropriate
financial guarantees.
(4) Condition 4 was amended to read: If no development
permits are obtained for the area within three
years of City certification of grading completion,
there shall be a review by the City Council for
possible requirements of restoration; should such
restoration be deemed necessary, a surety shall be
posted.
Staff was directed to provide comprehensive plans for Parcels
E and F, the property above the golf course.
DIRECTOR OF PUBLIC WORKS - ADDITIONAL ITEMS
3. AUTHORIZATION TO RECEIVE PROPOSALS AND APPROVAL
(44) Written Communications:
Report dated June 1, 1982, from the Director of Public
Works forwarding a copy of the draft work program which will
serve as a basic guideline for preparation and review of the
traffic circulation study.
Approval of Work Program:
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland and unanimously carried to approve the work program and
funding of $3,000 for traffic engineering services. Staff
was authorized to receive proposals from traffic engineering
consultants.
4. REPORT ON ADJUSTMENT - CITY SEWER SERVICE CHARGES
(80) Written Communications:
Report dated June 1, 1982, from the Director of Public Works
advising of the need for re-evaluation of the sewer usage
charges set in 1979.
Presentation of Proposed Proportionate Increases:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to present the proposed
proportionate increases for sewer user rates at a Public
Hearing on June 15, 1982.
5. APPROVAL OF OPERATIONS AGREEMENT AND PRESENTATION OF
REQUEST FOR RATE ADJUSTMENTS (SOLAG DISPOSAL)
(45) Written Communications:
(38) Report dated June 1, 1982, from the Director of Public Works
forwarding a review of current refuse collection rates to be
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presented at a Public Hearing on June 15, 1982, and a proposed
7 -year operations agreement ending June 1, 1989, and including
an annual free City-wide clean-up program, a City franchise
fee commencing at 2s of the annual gross and escalating to
5%, insurance and performance bond requirements.
Council requested that the firm's roadway be improved with a
substance such as crushed gravel to prevent on-going dust
problems on the street. Mr. Trulis, the operator, concurred
with the request, which will be reviewed with the Director
of Public Works.
Approval of Operations Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to approve the Agreement with
Solag Disposal Company and to authorize the Mayor and City
Clerk to execute the Agreement on behalf of the City.
DIRECTOR OF RECREATION
1. ATHLETIC FIELD IMPROVEMENTS, CHANGE ORDERS 1 AND 2
(MARCO FORSTER JUNIOR HIGH SCHOOL
(78) Written Communications:
Report dated June 1, 1982, from the Director of Recreation
requesting approval of Change Order No. 1 in the amount of
$3,060.00 for light deflection louvers at Field #1 and Change
Order No. 2 in the amount of $5,301.94 for completion of
electrical installations.
Approval of Change Orders:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to approve Change Orders 1 and
2 in the total amount of $8,361.94 for the lighting of the
athletic fields and to recommend approval by the Board of
Trustees of the Capistrano Unified School District.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF MAY 25. 1982
(67) The Report of actions taken by the Planning Commission at the
meeting of May 25, 1982, was ordered received and filed.
MOBILEHOME PARK AD HOC COMMITTEE
1. ORDINANCE NO. 439 - COMMITTEE RECOMMENDATION
(23) Written Communications:
Report dated June 1, 1982, from the City Manager forwarding
the Minutes of the Mobilehome Park Ad Hoc Committee meeting of
May 18, 1982, including the Committee recommendation that the
City retain Ordinance No. 439.
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Acceptance of Committee Recommendation:
It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried carried to accept the Committee
recommendation that Ordinance No. 439 be retained and litigation
pursued.
COUNCIL ACTIONS
1. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS
(23) Written Communications:
Report dated June 1, 1982, from the Administrative Assistant
to the City Manager advising that all Board and Commission
appointments expire on June 30 of each year, pursuant to
Section 2-2.102 of the Municipal Code.
There was a concurrence of Council that consideration of the
matter be held over to the meeting of June 15, 1982, when all
Council Members will be present.
COUNCIL REMARKS
1. PROPOSED LAND USE COMMISSION
(23) Councilman Friess cited a letter from Planning Commission
Chairman Jim Atkins recommending that a Land Use Commission
be formed composed of one member from each of the existing
Commissions. There was a consensus of Council that staff be
directed to review the proposal.
2. PARKING OF USED CARS FOR SALE
(65) Councilman Bland commended staff for their efforts in clearing
up parking problems on Del Obispo Street between the Fire
Station and Marie Callendars Restaurant. It was noted that
vehicles are not being parked at the northeast corner of
Alipaz Street at Del Obispo Street.
3. REQUIREMENTS FOR CUSTOM HOMES
(68) Councilman Friess inquired into the status of proposed
requirements for custom homes and was advised that a report
would be submitted in the near future.
4. MISSION PLAZA PHOTO -MAT
(68) Councilman Friess noted that a yellow and blue kisok was being
installed in Mission Plaza. Staff advised that the style would
conform to City regulations and that the open trench would
be closed.
5. CITY EVENTS
(34) Mayor Buchheim advised of the following events:
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Dedication of the Old Fire Station, June 3 at 2:00 p.m.;
Chamber of Commerce/City ballgame, June 4 at 6:00 p.m.;
Groundbreaking for the new Library, June 17 at 2:00 p.m.
U931011"Wo
There being no further business before the Council, the meeting
was adjourned at 10:24 p.m., to the next meeting date of
June 15, 1982, at 7:00 p.m., in the City Council Chamber.
ATTEST:
'�L e��
RENCE F. B CHHEIM, MAYOR
Respectfully submitted,
�i
iW .rll-IMii"
INTIMAWSR %' •
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