82-0615_CC_Minutes_Regular MeetingJUNE 15, 1982
273
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
7:05 p.m., in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Pastor Dirk
Van Proyen, Coast Bible Church.
ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
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.
MINUTES
Adjourned Regular Meeting of May 25, 1982
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the Minutes of the Adjourned Regular Meeting of
May 25, 1982, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
Regular Meeting of June 1, 1982
Council received a memorandum from the City Clerk advising that
the Minutes would be submitted on July 6, 1982.
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:
-1- 6/15/82
2 (� AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. COMMENDATION - CITY MANAGER
(33) Council commended Stephen Julian upon the first anniversary
of his service with the City.
2. REVIEW OF ROOFING MATERIALS - ORANGE COUNTY FIRE DEPARTMENT
(42) Written Communications:
Report dated June 15, 1982, from the Assistant to the City
Manager forwarding a letter dated June 8, 1982, from Larry
Holms, County Director of Fire Services, regarding untreated
wood roofs.
Fire Chief Robert Hennessey made an oral presentation in
support of adoption of an ordinance to prohibit the use of
untreated wood roofs.
Conceptual Approval:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to indicate conceptual
approval of the proposed requirements for fire retardant
roofing; proposed building regulations will be submitted at
the July 20 meeting.
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 June 15, 1982, Warrants Register
No. 82-122, in the total amount of $958,615.40, was approved
as submitted.
SM
6/15/82
2. CITY TREASURER'S REPORT OF INVESTMENTS 2 75
(41) The City Treasurer's Report of Investments as of May -31, 1982,
in the total amount of $8,709,474.01, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of May 31, 1982, 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
May 31, 1982, was approved as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
JUNE 8, 1982
(23) The Report dated June 15, 1982, from the Secretary of the
Cultural Heritage Commission regarding actions taken at the
meeting of June 8, 1982, was ordered received and filed.
6. APPROVAL OF TRACT MAP 10318, AND TRACT MAP 10319
(GLENDALE FEDERAL SAVINGS AND LOAN ASSOCIATION)
(85) These items were removed from the Consent Calendar for
discussion.
Written Communications:
(1) Report dated June 15, 1982, from the Director of
Public Works advising that Tract Map 10318 had been
reviewed by the Engineering Division and forwarding
required Agreements;
(2) Report dated June 15, 1982, from the Director of
Public Works advising that Tract Map 10139 had been
reviewed by the Engineering Division and forwarding
required Agreements;
(3) Memorandum dated June 9, 1982, from the City Manager
setting forth fees required for development of the two
Tracts.
The City Manager recommended that the deferral of payment of
certain fees be approved and advised that letters of credit
in lieu of payment had been delivered to the City.
Richard Rebal, representing Glendale Federal agreed with the
recommendation and further requested that payment of
Agricultural Preservation fees be waived due to the extent
of land dedicated to the City.
-3- 6/15/82
2 6 Approval of Fee Deferral and Acceptance of
Letters of Credit:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to waive payment of the
following fees and to accept Letters of Credit in lieu thereof
with full payment of all fees required upon initial
groundbreaking for initial building construction for either
Tract, with the understanding that -this is a unique case
and would in no way establish a precedent for future fee
payments:
Fee Description Tract 10318 Tract 10319
(Parcel A) (Parcel B)
Park & Recreation
In -Lieu $29,700 $90,754
Agricultural
Preservation 13,500 42,000
School Site Fee 32,400 100,800
Systems Development
Tax (estimate, 1%
of permit valuation
per unit) 29,997 68,040
ordinance 211 Fee
estimate, approx.
$100/unit) 2,700 8,400
Totals $108,297 $309,994
Approval of Tract 10318:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to approve Tract Map 10318
with the determination that said map is consistent with the
General Plan and in substantial compliance with the approved
tentative map; the Mayor and City Clerk were authorized to
execute the following Agreements: (1) Development Agreement;
(2) Agreement, San Juan Creek Road/La Novia Avenue Traffic
Signal - Tract 10318; and (3) Agreement Relating to the
Maintenance of Landscaping and Including Irrigation Facilities
within the Public Right -of -Way; the City Clerk was directed
to record the Agreements.
Approval of Tract 10319:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to approve Tract Map 10319
with the determination that said map is consistent with the
General Plan and in substantial compliance with the approved
Tentative Map; the Mayor and City Clerk were authorized
to execute the following Agreements:
-4- 6/15/82
2 717
(1) Development Agreement; (2) Agreement Relating to the
Maintenance of Landscaping and Including Irrigation Facilities
within the Public Right -of -Way; (3) Agreement, San Juan Creek
Road/La Novia Avenue Traffic Signal - Tract 10319; (4)
Improvement Agreement; the off-site sewer and storm drain
easements were accepted; the City Clerk was directed to record
the documents.
PUBLIC HEARINGS
1. APPROVAL OF TENTATIVE PARCEL MAP 82-859 - TRACT 10593
(BEAR BRAND RANCH)
(85) Proposal:
Conversion of five lots (Lots 22, 23, 24, 25, 26) of Tract
10593 into four lots, each of a larger size on 5.586 acres
of land located on Peppertree Bend Road.
Applicant:
Bear Brand Ranch Co., 1 Upper Newport Plaza, Newport Beach,
California 92660
Written Communications:
Report dated June 15, 1982, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission on May 25, 1982.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and the following persons responded:
(1) Chris Webber of Hansacker & Associates concurred with
the staff recommendation.
There being no further response, the Public Hearing was closed
with the right to re -open at any time.
Amendment to Resolution:
The Director of Public Works advised that all required fees
are to be assessed and collected upon application for
individual building permits pursuant to the Annexation
Agreement and, therefore, Condition 7 of the proposed
Resolution should be deleted. Council concurred with the
Amendment.
Approval of Tentative Parcel Map as Amended:
It was moved by Councilman Schwartze, seconded by Councilman
Friess to approve Tentative Parcel Map 82-859 by the adoption
of the following Resolution with Condition 7 deleted:
RESOLUTION NO. 82-6-15-2, TENTATIVE PARCEL MAP 82-859 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 82-859
-5- 6/15/82
00 The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze and Mayor Schwartze
NOES: None
ABSENT: None
APPROVAL OF PARCEL MAP 82-859 (BEAR BRAND RANCH TRACT 10593
(85) This item was considered early on the Agenda as requested
by the applicant, Bear Brand Ranch Company.
Written Communications:
Report dated June 15, 1982, from the Director of Public Works
advising that the Map had been reviewed by the Engineering
Division and was in conformance with the Subdivision Map Act.
Approval of Parcel Map 82-859:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve Parcel Map 82-859
with the determination that said map is consistent with the
General Plan and in substantial compliance with the approved
Tentative Map; all required applicable development fees are
to be assessed and collected in conjunction with application
for individual building permits.
PUBLIC HEARINGS (CONTINUED)
2. REQUEST FOR REFUSE REMOVAL RATE ADJUSTMENTS
/Cni nn MTCUnCnT. nnMDATTV1
(45) Proposal:
Request for increases in monthly rates for residential and
commercial trash collection.
Applicant:
Solag Disposal, P.O. Box 305, South Laguna, California 92677.
Written Communications:
Report dated June 15, 1982, from the Director of Public
Works.
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 Rate Increases:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze to approve the disposal rate increase for
residential and commercial collection effective July 1, 1982,
by the adoption of the following resolution:
-6- 6/15/82
RESOLUTION NO. 82-6-15-3, TRASH COLLECTION RATES - 2 79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING TRASH
COLLECTION RATES.
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
The rate adjustments are as follows:
Individual $4.26 to $4.69/month (loo increase)
Commercial
1 Pickup per week $30.00 to $34.50
2 Pickups
per
week
40.00
to
46.00
3 Pickups
per
week
50.00
to
57.50
4 Pickups
per
week
60.00
to
69.00
5 Pickups
per
week
70.00
to
80.50
6 Pickups
per
week
80.00
to
92.00 (15% increase)
3. REQUEST FOR RATE ADJUSTMENTS
(TIMES MIRROR CABLEVISION)
(43) Proposal:
A request for cable television subscriber service rate increases
from $7.50 per month to $9.95 per month, plus additional
charges.
Applicant:
TM Cablevision, 27611 La Paz Road, Laguna Niguel 92677.
Written Communications:
(1) Report dated June 15, 1982, from the Director of
Administrative Services recommending that the Hearing
be continued to the meeting of July 6, 1982, pending
receipt of additional financial and rate information.
(2) Letter dated February 1, 1982, from Joni Denny, District
Manager, TM Cablevision, setting forth the requested
increases and rate deregulation alternatives. Additional
financial data was delivered to the City on Friday,
June 11.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and the following persons responded:
-7- 6/15/82
280
(1) Joni Denny, representing TM Cablevision, requested
approval of the requested rate increases and
local rate deregulation.
Continuation of Hearing:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to continue the Public
Hearing to Tuesday, July 6, 1982, at 7:00 p.m. in the City
Council Chamber to allow time for analysis of financial data
received on June 11.
The City Manager advised that the CATV consultant's proposal
would be submitted by July 6 for assistance with rates,
insurance levels, deregulation proposals, and time schedules.
4. APPROVAL OF CITY SEWER SERVICE CHARGE INCREASES
(80) Proposal:
Adoption of adjustments to the current sewer service fees,
as approved by the City Council on June 1, 1982, the revenues
to be utilized for sewage maintenance and treatment during
1982-83 and deposited to the City Sewer Enterprise Fund.
Written Communications:
Report dated June 15, 1982, from the Director of Public
Works forwarding a Resolution establishing new sewer rates
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 Rate Increase:
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland to adopt the following resolution:
RESOLUTION NO. 82-6-15-4, SEWER CONNECTION CHARGES
AND SERVICE CHARGES - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING
RESOLUTION NO. 79-6-20-9, ESTABLISHING THE CHARGES TO
BE MADE FOR ANY AND ALL SEWERAGE DISPOSAL CONNECTIONS
WITH THE PUBLIC SYSTEM, ESTABLISHING MAIN EXTENSION
CHARGES AND SEWER SERVICE CHARGES WITHIN THE CITY OF
SAN JUAN CAPISTRANO AND AREAS BECOMING PART OF THE CITY
FROM AND AFTER OCTOVER 1, 1982. -
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
-8- 6/15/82
5
287
The adjusted rates are as follows:
EXISTING PROPOSED
CHARGE CHARGE
Single family units $ 3.90 $ 6.90
Multiple family units 2.70 5.52
Mobilehomes 1.90 4.49
Commercial (1" meter or larger)
100 cu. ft. to 3,000 cu. ft. .20C .40C
3,000 cu. ft. to 10,000 cu. ft. .254/100 .50C
10,000 cu. ft. and over .304/100 .604
cu. ft.
INTERIM BUDGET ADOPTION, SECOND YEAR OF 1981-86
BUDGET DOCUMENT
(24) Proposal:
Adoption of the second year of the 1981-86 budget document
on an interim basis pursuant to Resolution No. 81-9-1-4
pending submittal of the 1982-87 fiscal budget.
Written Communications:
Report dated June 15, 1982, from the Assistant City Manager/
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.
1981-86 Budget Expenditures Authorized:
It was moved by Councilman Schwartze, seconded by Councilman
Bland to authorize expenditures under the second year of the
1981-86 budget document adopted by Resolution No. 81-9-1-4
with the provision that no capital outlay expenditures nor
personnel changes be made.
Motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
-9- 6/15/82
289-..
ORDINANCES:
1. ADOPTION OF ORDINANCE NO. 460 - REZONE 82-5
(HIDDEN MOUNTAIN)
(95) Written Communications:
Report dated June 15, 1982, from the City Clerk advising
that the Ordinance had been regularly introduced at the
City Council meeting of June 1, 1982, and was scheduled for
adoption.
Adoption of Ordinance No. 460:
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. 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 OF
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 ESTATES), ES (30,000) AND
OS (OPEN SPACE) (HIDDEN MOUNTAIN)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
2. ADOPTION OF ORDINANCE NO. 461 - REZONE 82-4
(DIFFLEY)
(95) Written Communications:
Report dated June 15, 1982, from the City Clerk advising that
the Ordinance had been regularly introduced at the City
Council meeting of June 1, 1982, and was scheduled for
adoption.
Adoption of Ordinance No. 461:
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 adopted:
-10- 6/15/82
ORDINANCE NO. 461 - REZONE 82-4 (DIFFLEY - AN
28
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) (DIFFLEY)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
3. ADOPTION OF ORDINANCE NO. 462 - AMENDMENT TO TITLE 9 OF
THE MUNICIPAL CODE - AMENDING OUTDOOR LIGHTING REGULATIONS
(39) Written Communications:
Report dated June 15, 1982, from the City Clerk advising
that the Ordinance had been regularly introduced at the City
Council meeting of June 1, 1982, and was scheduled for
adoption.
Adoption of Ordinance No. 462:
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:
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
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
-11- 6/15/82
284
RESOLUTIONS
1. IN MEMORIAM - LEON RENE, COMPOSER OF
"WHEN THE SWALLOWS COME BACK TO CAPISTRANO"
(36) Written Communications:
Report dated June 15, 1982, from the Assistant to the City
Manager forwarding a proposed Resolution in memory of
Leon Rene, composer of the song "When the Swallows Come
Back to Capistrano," who died on May 30, 1982.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Friess that the following Resolution honoring Leon Rene be
adopted:
RESOLUTION NO. 82-6-15-5, IN COMMEMORATION OF
LEON RENE - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, IN COMMEMORATION
OF LEON RENE, COMPOSER OF THE SONG "WHEN THE SWALLOWS
COME BACK TO CAPISTRANO"
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
1`v-14ORM410000 -
The City Clerk was requested to contact Father Martin at
Old Mission San Juan Capistrano to ascertain appropriate
City participation should a memorial display be contemplated
at the Mission.
BIDS, CONTRACTS, AGREEMENTS
1. APPROVAL OF AGREEMENT - ORANGE COUNTY SHERIFF'S
DEPARTMENT SERVICES, FISCAL YEAR 1982-83
(38) Written Communications:
Report dated June 15, 1982, from the Administrative Assistant
to the City Manager recommending approval of law enforcement
coverage at a continuing level of service.
Approval of Contract:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to approve the contract with
the Orange County Sheriff's Department for law enforcement
services for fiscal year 1982-83 and to authorize an
expenditure of $761,008. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
-12- 6/15/82
2. CONSIDERATION OF CONTRACT AWARD -
285
SAN JUAN CAPISTRANO PUBLIC LIBRARY
(52) Written Communications:
Report dated June 15, 1982, from the City Manager advising
that bids were received on June 11 for construction of the
library project.
Mr. Julian recommended that a meeting be scheduled for
June 22 for final Council action and a 60 -day extension of
the lease agreement with the County.
Intent to Award Bid:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to indicate the Council
intent to award the bid to Newport Harbor Construction at
$1,474,800, with final action to be taken at an Adjourned
Regular Council Meeting of Tuesday, June 22, 1982.
3. CONSIDERATION OF PROPOSALS FOR WORD PROCESSING EQUIPMENT
(38) This item was held over to June 22, 1982, as recommended by
staff.
Written Communications:
Report dated June 15, 1982, from the City Clerk recommending
that the City purchase the IBM Displaywriter with two work
stations and one printer for use in the City Clerk's
Department at a cost of $24,295 from Special Projects funds
included in the 1981-82 Records Management Budget.
Mrs. Hanover requested that the matter be held over to
June 22 to allow Council review of the proposal.
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to consider the proposal at
the Adjourned Regular Meeting of June 22, as recommended.
4. AWARD OF CONTRACT - TRAFFIC CONTROL MODIFICATIONS -
(ORTEGA HIGHWAY AND DEL OBISPO STREET)
(82) Written Communications:
Report dated June 15, 1982, from the Director of Public
Works forwarding the results of the bids opened on
June 9, 1982, for the traffic control modifications at
Ortega Highway and Del Obispo Street.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to award the contract for
traffic control modifications at Ortega Highway and Del
Obispo Street to Steiny and Company, Inc. of Anaheim in the
amount of $7,200 and to reject all other bids received. The
Mayor and City Clerk were authorized to execute the agreement
on behalf of the City.
-13- 6/15/82
ADMINISTRATIVE ITEMS
CITY MANAGER
1. STATUS REPORT - LIBRARY FINANCING
(52) The City Manager advised that financing proposals for the
Library project will be presented at the Adjourned Regular
Meeting of June 22.
CITY ATTORNEY
1. APPLICATION TO PRESENT LATE CLAIM
(LEGENDRE)
(35) Written Communications:
Report dated June 15, 1982, from the City Attorney forwarding
an Application for Leave to Present Late Claim filed by
Solomon, McKibbin, Mayo & Monkvic, Attorneys at Law,
1600 North Broadway, Suite 410, Santa Ana 92706, on behalf
of Linda I. Legendre for injuries allegedly occuring on
October 17, 1981. The Application was filed pursuant to
Government Code Section 911.4.
Approval of Application:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to grant the application
pursuant to Section 911.6 of the Government Code and legal
decision relating thereto.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF PLANNING COMMISSION DECISION -
ARCHITECTURAL CONTROL 75-1 SITE PLAN
(CAPISTRANO VALLEY BAPTIST CHURCH AND CHRISTIAN SCHOOLS)
(39) Appeal:
An appeal of action taken by the Planning Commission on
June 8, 1982, requiring the removal of three existing legal,
non -conforming modular classrooms as a condition of approval
for the placement of three additional new modular classrooms.
The existing units have been on the site for approximately 1C
years.
Appellant:
Capistrano Valley Baptist Church and Christian Schools,
32032 Del Obispo Street.
Written Communications:
(1) Report dated June 15, 1982, from the Director of
Community Planning and Development recommending that
the appeal be granted.
-14-
6/15/82
(2) Letter dated June 9, 1982, from Edward J. Carney, 287
School Principal, setting forth the grounds for appeal.
The $25 appeal fee was paid.
Approval of Appeal:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to grant the appeal and
approve the modification to the approved site plan to allow
the placement of three new modular classrooms, subject to
the following conditions:
(1) The three modular units located in accordance with
this approval shall be removed from the site within 30
days if the following sequence of events has not been
completed within the specific time frames:
(a) Acquisition or submittal of copies of an escrow
agreement for the purchase of a high school site
within one year from the date of this approval.
(b) Submission of development plans for City approvals
within 18 months from the date of this approval.
(c) Completion of construction and occupancy of new
facilities within three (3) years from the date
of this approval.
(d) The modular units shall be removed within three
(3) years or within 30 days of the issuance of
a Certificate of Use and Occupancy for the new
facility, whichever is sooner.
(2) The location of the modular units shall be considered
precise as shown on the submitted plans.
(3) The modular units shall have a wood siding and be
finished in an earthtone color.
(4) Street trees shall be planted along the street frontage
of Del Obispo Street in accordance with the street tree
master plan. Fifteen -gallon London Plane Sycamore shall
be used with a minimum separation of 25 feet. Occupancy
permits for the units shall not be issued until said
planting has been completed.
Council noted the benefit to the community provided by
church schools in alleviating existing public school
facilities. Councilman Bland cited concern with traffic
conditions at the site.
(69) Preparation of Policy Statement:
There was a concurrence of Council to authorize the Director
of Community Planning and Development to draft a policy
statement for Council review clarifying the use of portable
buildings by public service organizations.
-15- 6/15/82
2e
DIRECTOR OF PUBLIC WORKS
1. EASEMENTS FOR STREET AND EQUESTRIAN PURPOSES,
PARCEL MAP 80-839 (BROWN)
(85) Written Communications:
(73) Report dated June 15, 1982, from the Director of Public Works
regarding the proposed quitclaim of the road easement -
adjacent to Sacarama Lane and acquisition of an irrevocable
offer of an equestrian/hiking trail dedication along the
westerly boundary of Parcel Map 80-839.
The Director of Public Works advised that modifications to
the easement will be required; Councilman Friess cited the
need for review of the circulation study of the area.
John Williams, 31581 Aguacate Road, urged retention of the
road easement to provide access to Via Estelita utilizing the
right-of-way acquired from the Crumrine properties.
Continuation:
There was a concurrence of Council that the matter be held
over to the meeting of July 6th for further information.
2. STATUS REPORT - SOLIDS HANDLING FACILITIES (SERRA)
(79) Written Communications:
Report dated June 15, 1982, from the Director of Public Works
setting forth the status of design and construction of a
solids handling facility, as mandated by the State Water
Resources Board.
There was a consensus of Council to receive and file the
report.
3. APPROVAL OF PAYMENT FOR DISASTER LOAN (SERRA)
(79) Written Communications:
Report dated June 15, 1982, from the Director of Public Works
regarding the loan payment required for financing of repairs
to the Treatment Plant caused by storm damage. SERRA has
applied for an extension of the existing loan, which expires
June 30th.
Approval of Expenditures:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to authorize an expenditure
of $187,045.34 for payment of the City share of the SERRA
Disaster Loan from the Sewer Enterprise Fund; .i-f.the loan
extension is obtained, payment only of the quarterly interest
of $4,197.98 will be required at this time.
-16- 6/15/82
M
COMMISSIONS, BOARDS, COMMITTEES 2 8 9 T
PLANNING COMMISSION
1. REPORT OF MEETING OF JUNE 8. 1982
(67) The Report of Actions taken by the Planning Commission at the
meeting of June 8, 1982, was ordered received and filed.
ARCHITECTURAL BOARD OF REVIEW
1. ARCHITECTURAL STYLES FOR HOTEL COMPLEX (AMRAM N.V.
(68) The Report dated June 15, 1982, from the Director of Community
Planning and Development forwarding the Board determination
that the design concept submitted by the firm of Moore, Ruble,
Yudell is generally consistent with the City's adopted
Architectural Guidelines, was ordered received and filed.
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 the terms of office of all
Commission and Board Members expire on June 30th, pursuant
to Section 2-2.102 of the Municipal Code. A list of
appointees, attendance records, and list of applications
were forwarded.
Re -Appointment of Members:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to re -appoint all members to
terms ending June 30, 1983, on the Architectural Board of
Review, Cultural Heritage Commission, Equestrian Commission,
Parks and Recreation Commission, Planning Commission and
Traffic and Transportation Commission.
Mayor Buchheim advised that members had been notified that
resignations will be requested if attenance is not
maintained.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. COMMENDATION (AROSA DEVELOPMENT AND MANAGEMENT, INC.)
(36) Council concurred with Councilman Schwartze that a
commendation be prepared for the July 6th Agenda in
recognition of the receipt of the Pacific Coast Builders
Award by Arosa Development and Management, Inc.
-17- 6/15/82
TRUCK TRAFFIC - AVENIDA SIEGA
(87) Council concurred with Councilman Bland that the Director
of Public Works is to contact Fred Jones and Jean Lacouague
regarding truck use of Avenida Siega and possible use of
La Pata Avenue.
3. EXCHANGE CLUB INVITATION
(50) Councilman Friess and Mayor Buchheim will attend the
Exchange Club meeting, in response to their invitation.
4. LOS RIOS AREA STATUS REPORT
(23) Councilman Friess requested that a status report of the
Los Rios Area be prepared for a July meeting.
5. SAN JUAN TERRACE STREET CONDITIONS
(85) Councilman Friess requested staff review of recent trenching
at the two entrances to San Juan Terrace which are in need
of leveling.
6. HUNT CLUB GRADING OPERATIONS
(85) Councilman Friess cited severe grading and extensive
retaining walls being installed at the Hunt Club development;
all approved grading had been completed by the developer.
7. COUNCIL CHAMBER SOUND SYSTEM
(34) Councilman Friess requested that the sound system be
serviced for feedback problems.
8. ORTEGA HIGHWAY STREET CONDITIONS
(44) Councilman Hausdorfer cited potholes created by Caltrans
in the vicinity of Ortega Highway and Via Crystal and
drainage problems at the base of Palm Drive in need of
repair.
9. SAN JOAQUIN CORRIDOR
(44) Councilman Hausdorfer requested that the Council be kept
advised of the status of development of the San Joaquin
Corridor.
10. OFF-ROAD VEHICLE ENFORCEMENT
(70) Councilman Hausdorfer complimented the Sheriff's Department
for their recent efforts in enforcing the use of off-road
vehicles.
-18- 6/15/82
11. BANK OF AMERICA DEVELOPMENT
291
(68) Councilman Hausdorfer cited a June 8th memorandum relating
to the surface treatment of the Bank of America Building
at the intersection of Del Obispo Street and Paseo Adelanto.
12. LA HISTORIA DE CAPISTRANO
(34) Council concurred in authorizing Mayor Buchheim to contact
Jeff Vasquez in support of a proposal for narration of the
promotion film.
CLOSED SESSION
The Council recessed to Closed Session at 8:58 p.m., for
discussion of legal matters, the City Clerk being excused
therefrom, and reconvened at 9:58 p.m.
COUNCIL ACTIONS
1. MULTI -MODAL TERMINAL PROPERTY ACQUISITION
(88) It was moved by Councilman Schwartze, seconded by Councilman
Friess to set a Hearing for Tuesday, July 6, 1982, at
7:00 p.m. in the Council Chamber to consider acquisition of
property for the Multi -Modal Transportation Terminal; the
City Manager was authorized to negotiate with the property
owners.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:59 p.m. to the next meeting date of Tuesday,
June 22, 1982, at 8:00 a.m.
Respectfully submitted,
•� �rLitiJ
MARY /`�'
ATTEST:
c
LAWRENCE F. BUCHHENIR, MAYOR
-19- 6/15/82