82-0803_CC_Minutes_Regular Meeting831
AUGUST 3, 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 Buchheim at
7:10 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman Friess.
ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor
Anthony L. Bland, Mayor pro tem
Kenneth E. Friess, Councilman
ABSENT: Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works; Raymundo Becerra;
Acting Director of Community Planning and Development; James S.
Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson,
Recording Secretary.
MINUTES
Regular Meeting of July 20, 1982:
It was moved by Councilman Bland, seconded by Councilman Friess,
that the Minutes of the Regular Meeting of July 20, 1982, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Bland, seconded by Councilman Friess
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Friess, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
-1- 8/3/82
3 3 2 LIBRARY CONSTRUCTION CONTRACT
(52) Council received copies of a memorandum dated July 30, 1982,
from the City Manager, advising that an error had been
discovered in the material submitted to Council on June 22,
1982. The correct amount of the contract awarded to Newport
Harbor Construction Company for construction of the San Juan
Capistrano Branch Library should have been $1,479,884.00.
It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried to approve the corrected
contract total, including the base bid of $1,479,884.00 and
Alternates Nos. 7 (marble or quartze in lieu of slag), 13
(study corrals), 14 (motorized screen), 15 (table lamps),
and,16 (gas in lieu of electric heat pumps).
PRESENTATIONS AND COMMENDATIONS
1. SPECIAL RECOGNITION OF LONG-TERM EMPLOYEES
(66) Mayor Buchheim advised that the following employees were
eligible to receive special recognition for their long-term
employment with the City:
Employee Length of Service Award
James (Tito) Olivares) 15 years, 8 months Meritorius Service
Ruth Marquard 13 years, 4 months Commendation
Robert (Bobby) Banda 13 years, 3 months Commendation
Jack Galaviz 13 years, 1 month Commendation
Robert (Tommy) Thompson 11 years, 11 months Commendation
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to approve presentation of the
Certificates, and Mrs. Marquard and Mr. Banda were present
to receive the Certificates. Mayor Buchheim expressed the
Council's recognition of the value and resource represented
by these employees and thanked them for their loyalty and
service to the City.
2. ANNUAL EMPLOYEE PERFORMANCE AWARDS
(66) Mayor Buchheim advised that Employee Performance Awards are
presented annually by the City Council to recognize and honor
outstanding work performance by City employees. The following
employees were selected and were present:
Employee Department
Robert Banda Public Works' Department
Jeanne Beck Community Planning and Development
Department
Cathy DuCoing City Clerk's Department
Cynthia Ferguson Public Works' Department
Mayor Buchheim presented checks in the amount of $1,000.00 to
each of the employees and commended them for their outstanding
performance.
-2- 8/3/82
ORAL COMMUNICATIONS
1. COMMUNITY REDEVELOPMENT
UBLIC USE EAS
3 el3
Marilyn Williams, 29931 Camino Capistrano, addressed the
following items:
(23) Public Use Easements:
Mrs. Williams cited concern at the burden that would be
placed on individuals for maintenance of equestrian trails;
questioned the number of persons using the trails who reside
outside the City; and expressed concerns regarding
City -subsidized stables in Cook Park.
(68) Community Redevelopment Agency:
Mrs. Williams requested that approval of the ordinance
initiating formation of a Community Redevelopment Agency be
delayed until costs and descriptions of the project and
support areas are available; it was suggested that the matter
be put to a vote of the citizens.
CONSENT CALENDAR
It was moved by Councilman Bland, seconded by Councilman Friess
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, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
1. APPROVAL OF WARRANTS
(41) The List of Demands dated August 3, 1982, Warrant Register
No. 83-014, in the total amount of $722,939.56, was approved
as submitted.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Report of Fund Cash Balances as of
June 30, 1982, was approved as submitted.
3. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF
(23) The report dated August 3, 1982, from the Secretary of the
Cultural Heritage Commission, regarding actions taken at
the meeting of July 20, 1982, was ordered received and filed.
-3- 8/3/82
3 34 4. REPORT OF PARKS AND RECREATION COMMISSION
(62) The report dated August 3, 1982, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of July 19, 1982, was ordered received and
filed.
5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
MEETINGS OF JULY 14, 1982 AND JULY 28, 1982
(23) The report dated August 3, 1982, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of July 14, 1982, and July 28, 1982,
was ordered received and filed.
6. AMENDMENT TO AGREEMENT - LITTER CLEAN-UP
PROGRAM (COUNTY OF ORANGE)
(38) As set forth in the report dated August 3, 1982, from the
Director of Public Works, the Contract Modification to the
"Agreement Litter Clean-up Program," providing for City
litter clean-up by a 10 -member Juvenile Court work crew at a
cost of $150 per day, including provisions for a 10% per
person cost reduction for crews composed of less than 10
people, was approved and execution of the document authorized.
7. CHANGE ORDER NO. 1, EXTENSION OF TIME -
TRUNKLINE SEWER (CAPPELLO)
(80) To avoid disruption of the Youth Baseball Program by
reconstruction of the Trunkline Sewer from the SERRA Treatment
Plant to Victoria Boulevard, Change Order No. 1, a 20 -day
time extension to August 14, 1982, was approved, as set
forth in the report dated August 3, 1982, from the Director
of Public Works.
8. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT -
1982 WEED ABATEMENT PROGRAM (MOONEY)
(74) The initial Weed Abatement Program for 1982 has been
completed, as set forth in the report dated August 3, 1982,
from the Director of Public Works.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 82-8-3-1, COMPLETION OF WEED
i-joZ - H t(rOv7 u"Un yr 1nr. �Xx vv ULV l.1L " i ,
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO THE
ABATEMENT OF WEEDS AND OTHER NOXIOUS AND PUBLIC
NUISANCES IN THE CITY OF SAN JUAN CAPISTRANO
-4- 8/3/82
The Resolution accepts the project as complete and directs3 35
the City Clerk to forward the Notice of Completion to the
County Recorder within 10 days.
The payment status is as follows:
Total Cost to Date $31,394.70
Less 10% Retention 3,139.47
Less Progress Payment No. 1 14,672.02
Less Progress Payment No. 2 3,976.75
Amount Due This Payment $ 9,606.46
Staff was authorized to make payment to Herbert J. Mooney as
indicated; payment of the 10% retention was authorized 35
days after recordation of the Notice of Completion.
9. ACCEPTANCE OF EASEMENT FOR STREET AND HIGHWAY PURPOSES,
(74) To correct encroachment conflicts due to construction of a
bicycle trail over property adjacent to and southerly of
Calle Arroyo and westerly of La Novia, and owned by the
Capistrano Acres Mutual Water Company, the Easement Deed
was accepted and purchase of the right-of-way (a portion of
Parcel I, Assessment District 78-3), in the amount of
$3,586.28, was approved, as set forth in the report dated
July 28, 1982, from the Director of Public Works. Staff
was directed to make payment as indicated and to forward
the Easement Deed to the County Recorder for recordation.
10. CLAIM AGAINST THE CITY (AGUILAR)
(35) Council received copies of an Additional Agenda Item dated
August 3, 1982, from the City Clerk, advising that with
regard to a "Claim of Injury and Compensation" received by
the City on July 26, 1982, the City's Claims Administrator
had advised that a Notice of Insufficiency must be mailed
to the claimant no later than August 15, 1982. The City
Clerk was authorized and directed to forward said Notice
to the claimant prior to August 15, 1982.
PUBLIC HEARINGS
CONFIRMING COST REPORT - 1982-83 LANDSCAPE MAINTENANCE
DISTRICT CHARGES, TRACTS 7673, 8485, 9382, 9284, 9373
AND 7654
(74) Proposal:
Confirmation of charges to be assessed in conjunction with
the Landscape Maintenance Districts in Tracts 9382, 8485,
7654, 9284, 7673 and 9373.
-5- 8/3/82
336 Applicant:
This was a City -initiated Hearing.
Written Communications:
Report dated August 3, 1982, from the Director of Public
Works advising that notification of the Hearing had been
posted and mailed to residents of the affected tracts and
that a committee meeting to discuss the Districts'
maintenance level had been held.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and there being no response, the
Hearing was closed with the right to re -open at any time.
Confirmation of Cost Report:
It was moved by Councilman Bland and seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 82-8-3-2, CONFIRMING COST REPORT -
1982 LANDSCAPE MAINTENANCE DISTRICTS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE
COST REPORT FOR 1982 LANDSCAPE MAINTENANCE
DISTRICT CHARGES IN THE CITY OF SAN JUAN
CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
The Resolution adopts the following assessments and directs
that the report be forwarded to the County Assessor for
inclusion on the 1982-83 tax rolls:
Tract Assessment Per Parcel
9382
$379
8485
168
7654
391
9284
542
7673
132
9373
213
Mayor Buchheim thanked City field crews for their continuing
observation and report on conditions in the District.
-6- 8/3/82
2. CONFIRMING COST REPORT - 1982 WEED ABATEMENT CHARGES 3 :317
(74) Proposal:
Confirmation of the charges to be assessed for the 1982
Weed and Hazard Abatement Program.
Applicant:
This was a City -initiated Hearing.
Written Communications:
Report dated August 3, 1982, from the Director of Public
Works advising that the Cost Report itemizing the assessed
charges was posted at City Hall from July 23, 1982, through
August 10, 1982.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and there being no response, closed
the Hearing with the right to re -open.
Confirmation of Charges:
It was moved by Councilman Bland and seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 82-8-3-3, CONFIRMING COST REPORT -
1982 WEED ABATEMENT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE COST REPORT FOR 1982
WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
The Resolution finds the charges for weed abatement
acceptable; authorizes the Hearing Officer to accept payment
due on the abatement until August 6, 1982; and directs that
a copy of the "City of San Juan Capistrano, Weed Abatement -
1982" Report be sent to the County Assessor and Tax Collector.
The report must be forwarded no later than August 10, 1982.
3. APPEAL OF PLANNING COMMISSION DECISION - MODIFICATION
TO CONDITIONAL USE PERMIT 78-1, CAMINO CAPISTRANO CAR
WASH (NAPOLI)
(39) Proposal:
Appeal of the Planning Commission's June 29th denial of a
request to modify Conditional Use Permit 78-1 by replacing
the car detail service with an auto repair service in
conjunction with the Capistrano Car Wash.
-7- 8/3/82
338 Appellant:
John Napoli, 33252 Astoria, Dana Point, 92629.
Written Communications:
Report dated August 3, 1982, from the Acting Director of
Community Planning and Development forwarding the Planning
Commission's concerns regarding traffic conflicts and a
recommendation of denial.
Exhibits were on display and Tom Tomlinson, Associate Planner,
made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and the following persons responded:
(1) John Napoli, appellant, addressed Council in support of
his request.
(2) Goultekin Ashik, 3302 Palo Alto Street, Dana Point,
92629, cited opposition to the proposal.
(3) Robert Davies, Planning Commission representative,
reiterated the Commission's concerns.
There being no one else wishing to address the Council, the
Hearing was closed with the right to re -open at any time.
Council discussed the proposed circulation alternatives and
traffic volumes that could be generated by the car wash and
auto repair, as well as means of alleviating the situation.
Denial Without Prejudice:
It was moved by Councilman Bland to deny the request for
modification of Conditional Use Permit 78-1. Councilman
Friess seconded the motion with the understanding that the
denial was without prejudice to allow the appellant to submit
further proposals directly to the City Council. Council
concurred, and the motion carried unanimously.
4. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
INSTRUCTIONAL USES IN THE CT (TOURIST COMMERCIAL)
DISTRICT
(39) Proposal:
An amendment to the Municipal Code to permit meetings and
seminars conducted by non-profit organizations as an
accessory use in the CT (Tourist Commercial) District upon
approval of a Conditional Use Permit. The amendment was
initiated by Council in April, 1982, at the request of the
Christ Unity Church of San Juan Capistrano.
-8- 8/3/82
339
Written Communications:
Report dated August 3, 1982, from the Acting Director of
Community Planning and Development, forwarding the Planning
Commission's recommendation of approval and Staff's
recommendation that the required Conditional Use Permit
be reviewed by the Planning Commission rather than the Zoning
Administrator, due to possible significant impacts on the CT
District.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and the following person responded:
(1) Reverend Walter Jones, Minister of Christ Unity Church,
addressed Council in favor of the amendment.
There being no one else wishing to address Council, the
Hearing was closed with the right to re -open.
Introduction of Ordinance No. 468/Approval of
Instructional Uses in the CT District:
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 Bland that the following Ordinance
be introduced:
ORDINANCE NO. 468, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - INSTRUCTIONAL USES IN THE
TOURIST COMMERCIAL (CT) DISTRICT - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 9-3.411 OF THE MUNICIPAL CODE
TO PERMIT INSTRUCTIONAL USES IN THE TOURIST
COMMERCIAL (CT) DISTRICT
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
ORDINANCES
1. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE -
ESTABLISHMENT OF 35 M.P.H. SPEED LIMIT ON
CAMINO LA RONDA
(87) Written Communications:
Report dated August 3, 1982, from the City Clerk, advising
that the Ordinance was regularly introduced at the meeting
of July 20, 1982, and is scheduled for adoption.
-9- 8/3/82
3 40 Adoption of Ordinance No. 465:
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 Bland,
seconded by Councilman Friess that the following Ordinance
be adopted:
465, AMENDMENT TO TITLE 4 - 35
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 4-6.501, ARTICLE
5, TITLE 4 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE (35 M.P.H. - CAMINO LA RONDA)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
2. REZONE 82-7, PROPERTY LOCATED AT THE TERMINUS OF
DON JUAN AVENUE (FRYAN)
(85) Written Communications:
Report dated August 3, 1982, from the City Clerk advising
that the Ordinance was regularly introduced at the meeting
of July 20, 1982, and is scheduled for adoption.
Adoption of Ordinance No. 466:
The A 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 Bland,
seconded by Councilman Friess that the following Ordinance
be adopted:
ORDINANCE NO. 466, REZONE 82-7 (FRYAN) - 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. 649-271-62
LOCATED AT THE TERMINUS OF DON JUAN AVENUE
FROM RD (GARDEN HOMES) TO PD (PLANNED
DEVELOPMENT)
The motion carried by the following vote:
AYES: Councilman Bland and Mayor Buchheim
NOES: Councilman Friess
ABSENT: Councilmen Hausdorfer and Schwartze
-10- 8/3/82
3. AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE - 3 4 Y
ADOPTION OF NATIONAL ELECTRICAL CODE, 1981 EDITION,
AND AMENDMENTS TO TITLE 8, BUILDING REGULATIONS
(25) Written Communications:
Report dated August 3, 1982, from the City Clerk advising
that the Ordinance was regularly introduced at the meeting
of July 20, 1982, and is scheduled for adoption.
Adoption of Ordinance No. 467:
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 Bland that the following Ordinance be
adopted:
NO. 467, AMENDMENT TO TITLE 8 OF THE
MUNICIPAL CODE (NATIONAL ELECTRICAL CODE AND
BUILDING REGULATIONS) - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
CERTAIN SECTIONS OF TITLE 8 OF THE MUNICIPAL
CODE SETTING FORTH LOCAL CONDITIONS JUSTIFYING
AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, 1981
EDITION, AND ADOPTING THE NATIONAL ELECTRICAL
CODE, 1981 EDITION, TOGETHER WITH CERTAIN
AMENDMENTS THERETO AND DELETING THE 1978 EDITION
OF THIS SAME NATIONAL ELECTRICAL CODE, AND
ADOPTING CERTAIN ADDITIONS AND AMENDMENTS TO THE
MUNICIPAL BUILDING REGULATIONS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
4. AMENDMENT TO TITLE 2 OF THE MUNICIPAL CODE -
ELECTION OF COMMISSION/BOARD OFFICERS
(55) Written Communications:
Report dated August 3, 1982, from the Administrative
Assistant to the City Manager, advising that the Municipal
Code currently provides that elections of Commission and
Board Chairmen and Vice -Chairmen are to take place annually
at the first regular meeting in May; that the terms of
office are to expire on June 30th following Council review
of commission/board appointments; and, citing possible
situations that could occur due to non -reappointment of
commission/board members by Council. The report forwards a
proposed Ordinance to change the date of election of
Commission and Board Chairmen and Vice -Chairmen to the first
regular meeting date in July.
-11- 8/3/82
342
Introduction of Ordinance No. 469:
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 Bland that the following Ordinance
be introduced:
ORDINANCE NO. 469, ELECTION OF COMMISSION/BOARD
OFFICERS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE FIRST
PARAGRAPH OF SECTION 2-2.108, ARTICLE 1, CHAPTER
2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
PROPOSED COMMUNITY REDEVELOPMENT AGENCY -
ACTIVATION AND ORGANIZATION
(68) Written Communications:
Report dated August 3, 1982, from the City Manager forwarding
an Ordinance prepared in response to Council direction of
July 6, 1982, declaring the need for a Community Redevelopment
Agency and declaring that the Council will act as the Agency.
The City Manager explained the procedures and time limits
involved in formation of a Community Redevelopment Agency
and the necessary review by all governmental agencies that
would be affected. Studies would be done to determine the
project area and the specifics to be accomplished by the
Agency.
Public Input:
(1) Al Arps, 32302 Alipaz Street, Space 158, addressed
Council in support of allowing citizens to vote on the
matter and expressed concerns regarding financial
impacts.
Continuance:
Council discussion included the commitment to ample
opportunity for public input; the possibility of putting
the plan to a vote of the people; and assurances that the
process may be terminated at any time. It was then moved by
Councilman Friess, seconded by Councilman Bland and
unanimously carried to continue consideration of the matter
for full Council discussion and participation.
-12- 8/3/82
RESOLUTIONS
343
1. SETTING SEWER TAX RATE
(86) Written Communications:
Report dated August 3, 1982, from the Assistant City
Manager/Director of Administrative Services forwarding a
resolution establishing and imposing an ad valorem sewer
bond tax rate of .00625% of the full value of secured real
property, pursuant to Section 93 of the California Revenue
and Taxation Code.
Approval of Tax Rate:
It was moved by Councilman Friess, seconded by Councilman
Bland that the following Resolution be adopted:
RESOLUTION NO. 82-8-3-4, ADOPTING SEWER BOND
TAX RATE - FISCAL YEAR 1982-83 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING AND
IMPOSING AN AD VALOREM SEWER BOND TAX RATE FOR
THE 1982-83 FISCAL YEAR
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
2. AMENDING THE 1981-82 FISCAL BUDGET
(24) Written Communications:
Report dated August 3, 1982, from the Assistant City
Manager/Director of Administrative Services, forwarding a
resolution to approve changes to the 1981-82 Fiscal Budget
and to authorize amendments in fund appropriations as a
result of labor negotiations, changes in the priorities of
capital and special projects and object accounts overruns.
The amendment will result in an overall change of $1,490,700.
Approval of Budget Amendments:
It was moved by Councilman Bland, seconded by Councilman
Friess that the following Resolution setting forth changes
in the 1981-82 Fiscal Budget be adopted:
RESOLUTION NO. 82-8-3-5, AMENDING THE 1981-82
FISCAL BUDGET AND AUTHORIZING APPROPRIATIONS -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
THE 1981-82 FISCAL BUDGET AND AUTHORIZING
APPROPRIATIONS
-13- 8/3/82
3 44 The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze _
3. APPLICATION FOR ROBERTI-Z'BERG OPEN SPACE AND
RECREATIONAL STANDARD FUNDS - BENCHES AND BLEACHERS
(C. RUSSELL COOK PARK AND MARCO FORSTER FIELDS)
(62) Written Communications:
Report dated August 3, 1982, from the Administrative
Assistant to the City Manager, advising that due to the 1980
census, the City is eligible to receive $2,313 from the
Roberti-Z'Berg Urban Open Space Program. The grant requires
25% in non -State matching funds. Purchase of benches and
bleachers for Cook Park and Marco Forster fields at a cost
of $3,656 was recommended.
Approval of Funding Application:
It was moved by Councilman Bland, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 82-8-3-6, APPROVING APPLICATION FOR
ROBERTI-Z'BERG OPEN -SPACE AND RECREATION GRANT FUNDS -
BENCHES AND BLEACHERS (COOK PARK AND MARCO FORSTER
ITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER THE ROBERT-Z'BERG
URBAN OPEN -SPACE AND RECREATION PROGRAM - BENCHES AND
BLEACHERS (COOK PARK AND MARCO FORSTER FIELDS)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT TO PARTICIPATE IN SERRA PROJECT COMMITTEE NO. 16
COGENERATION FACILITIES
(79) Written Communications:
Report dated August 3, 1982, from the Director of Public
Works, forwarding an agreement for City participation in
Project No. 16, for construction of a regional solids handling
facility at the J. B. Latham Regional Wastewater Treatment
Plant. The Capistrano Beach Sanitary District site is no
longer available; therefore, a transfer of funds from Project
-14- 8/3/82
345
Committee No. 11 (Solids Handling Facility at the Capistrano
Beach Sanitary District site) to Project Committee No. 16,
in the amount of $318,560.95 was recommended, along with a
close-out of Project Committee No. 11.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to approve the agreement for
City participation in SERRA Project Committee No. 16; to
authorize the Mayor and City Clerk to execute the agreement
on behalf of the City; and, to approve the proposed budget
for Project Committee No. 16 of $318,560.95 and the City's
proportionate share of $62,123.25.
ADMINISTRATIVE ITEMS
CITY CLERK
1. PUBLIC USE EASEMENTS FOR EQUESTRIAN/HIKING TRAILS
(73) Written Communications:
(23) Report dated August 3, 1982, from the City Clerk/Equestrian
Commission Secretary, forwarding recommended standard
statements to provide for unrestricted public use of
equestrian/hiking trails in the City, as requested by
Council on July 6. The statements cover (a) granting of
public use easements, whereby individuals would allow use
and provide maintenance of easements for equestrian/hiking
trail purposes, but also use such easements for personal
purposes not inconsistent with trail uses; and (b) proposed
tract map conditions, whereby both General Plan Trails and
Feeder Trails would be maintained by the Homeowners
Association and/or the owner of property immediately adjacent
to the trail, with the public having a perpetual right to
use such trails.
The City Clerk advised that the question of use of public
easements had arisen due to the current practice of requiring
irrevocable offers of dedication whereby trails are improved
to City standards, but are private until the City accepts
the irrevocable offer and maintenance responsibilities. As
an example, the Hunt Club trails have been closed to public
use pending trail acceptance by the City. Councilman Friess
cited concerns with requiring individuals to maintain trails
and suggested that trails be maintained by the community at
large; Councilman Bland suggested a type of user fee to
support trail maintenance.
Approval of Public Use Easements:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to approve the statement
regarding public use easements and to take no action on the
statement regarding the proposed tract map conditions.
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346
CITY ATTORNEY
1. DISPERSAL OF PUBLIC GATHERINGS
(70) Written Communications:
Report dated August 3, 1982, from the City Attorney advising
that annoyances or appearances are not sufficient reason to
prohibit the assembly of persons where neither the public
peace nor any law is being violated.
Referral to Staff:
Councilman Bland suggested consideration of an alcoholic
beverage enforcement ordinance relating to parks and
Councilman Friess requested information regarding experiences
of other cities. There was a consensus of Council that the
matter be referred back to staff.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. TRACT DIRECTIONAL SIGN PROGRAM
(25) Written Communications:
Report dated August 3, 1982, from the Acting Director of
Community Planning and Development, forwarding draft Code
amendments for the following:
(1) An interim flag or pennant Code amendment which would
allow up to 6 temporary on-site pennants displayed for
a period of 90 days and subject to possible time
extensions. The amendment was presented as an urgency
ordinance which would expire automatically 90 days after
adoption, at which time the present Code prohibition
would be restored.
(2) A directional sign amendment which would provide for:
(a) A consolidated directional sign structure, up to
10 feet high, which would be placed in the public
right-of-way and identify several residential
projects; and
(b) Individual directional signs, up to 12 square feet
in area and 6 feet high to be placed along an
arterial leading to development projects.
Also forwarded was a resolution imposing sign rental
fees for Council consideration.
Larry Lawrence, Senior Planner, made an oral presentation
and advised that the item was presented at the direction of
Council on July 20.
Public Input:
(1) Bruce Froehlich, representing Goeden Development,
17702 Cowan, Irvine, spoke in support of the amendments,
including the directional flags, and suggested the time
be extended to 6 months rather than 90 days.
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347
(2) Thalia Cutler, 30171 Silver Spur, representing San Juan
Beautiful, spoke in opposition, citing past history
leading to current prohibitions on such signs.
(3) Carolyn Nash, 32906 Avenida Descanso, spoke in
opposition to the amendments; stated they were unfair
to the rest of the business community; but advised she
could support a central information center.
(4) Barbara Davies, 29391 Edgewood Road, opposed the
proposed directional signs, but also cited support for
a central information center.
(5) Robert Davies, representing the Planning Commission,
discussed the Commission's July 27 action.
(6) Tim Kruer, developer, cited his support of the present
ordinance; advised that the ladder -type signs as seen
in Rancho Mirage would be an asset to the community and
an improvement over the current "bootleg" signs.
Council Discussion:
Councilman Friess cited support for signs that would eliminate
the placard signs currently allowed on weekends and discussed
concerns regarding the housing market. He noted that unsold
homes are detrimental to the community. Councilman Bland
cited concern that the program would not remain short-term,
advising that the problem is the economy; further, that to
support the program would be inconsistent with past City
actions. He advised that a central information center could
be an acceptable solution and that consideration should be given
to other options than those presented.
Referral to Planning Commission:
It was moved by Councilman Friess to forward the issue to
the Planning Commission for report and recommendation. The
motion was seconded by Councilman Bland with the understanding
that a central information office and additional alternatives
be considered, and the motion carried unanimously.
2. APPEAL OF PLANNING COMMISSION DECISION - EXTENSION OF TIME
A.C. 79-10 - MODULAR BUILDINGS (ST. MARGARET OF SCOTLAND
(68) Proposal:
Appeal of the Planning Commission's May 25 denial of a two-year
extension on the approval of temporary structures until
construction is completed on the high school and Great Hall.
Apellant:
St. Margaret's School, 31641 La Novia Avenue, P.O. Box 639,
San Juan Capistrano.
Written Communications:
Report dated August 3, 1982, from the Acting Director of
Community Planning and Development, forwarding the Planning
Commission's concerns regarding establishment of a precedent
for allowing temporary structures, and staff's recommendation
to approve the request.
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348 Approval of Appeal:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to approve the two-year time
extension for two temporary structures subject to the
following conditions:
(1) In the event that a site plan and architectural
elevations for the high school are not submitted to -
the City's Architectural Board of Review on or before
August 30, 1982, the approval shall be null and void.
(2) Within 90 days of the issuance of a use and occupancy
permit for the high school, the temporary structure
used for classrooms shall be removed; and, within 90
days of the issuance of a use and occupancy permit on
or before June 25, 1984, the temporary structure for
the Great Hall shall be removed from the site.
RECESS AND RECONVENE
Council recessed at 9:55 p.m., and reconvened at 10:02 p.m.
3. STATUS REPORT - LOS RIOS HOUSING
(23) Written Communications:
Report dated August 3, 1982, from the Acting Director of
Community Planning and Development, submitting an update on
the implementation of the Los Rios Precise Plan, including
accomplishments to date and remaining programs to be implemented.
The report advises that the City has received $1,016,672 in
Housing and Community Development Block Grant Funds, which
have been used to support the existing neighborhood
infrastructure improvements, to rehabilitate structures, and
to purchase property.
With the concurrence of Council, Mayor Buchheim ordered the
report received and filed.
4. HOUSING AND COMMUNITY DEVELOPMENT ACT 7th YEAR PROJECT
(38) Written Communications:
Report dated August 3, 1982, from the Acting Director of
Community Planning and Development, forwarding an agreement
with the County of Orange for Housing and Community Development
Block Grant Funds in the amount of $175,000, for development -
of a sewer system in the Little Hollywood area.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to approve the seventh year
Housing and Community Development Block Grant operating
agreement, Contract No. C26636, in the amount of $175,000,
and to authorize the Mayor and City Clerk to execute the
agreement on behalf of the City.
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DIRECTOR OF PUBLIC WORKS
REVISED DEVELOPMENT
349
TO PROVIDE FOR PRIVATE STREETS -
(85) Written Communications:
Report dated August 3, 1982, from the Director of Public Works
forwarding a request from the developers of the Hidden Mountain
project, Tract 9786, to change development concept plans by
redesignating unconstructed public streets as private streets
and constructing a private entrance/exit gate, since the
project is to be marketed as a lot sale subdivision.
Approval of Request:
It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried to approve the concept of
converting public streets to private streets in Tract 9786,
subject to preservation of rights of access for adjacent
properties.
STATUS REPORT - HILLSIDE CUSTOM HOMES: COLOR, REFLECTIVITY,
AND SOLAR ROOF INSTALLATIONS
(25) Written Communications:
Report dated August 3, 1982, from the Director of Public Works
and the Director of Community Planning and Development
forwarding draft Code amendments to add regulations on color
and reflectivity to the Hillside Management regulations, and
to add specific controls to the Building Code regulations
for installation of solar energy roof installations.
Referral to Planning Commission:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to refer the draft amendment to
Section 9-3.505 of the Municipal Code, regarding color and
reflectivity of hillside custom homes, to the Planning
Commission for report and recommendation. The amendment to
Title 8 of the Municipal Code, regarding installation of
solar systems was incorporated in Ordinance No. 467 which
was adopted earlier in the meeting.
3. STATUS REPORT - SOLID WASTE COLLECTION
(45) Written Communications:
Report dated August 3, 1982, from the Director of Public
Works advising of the July 13th action of the County Board
of Supervisors in establishing gate fees at County landfills
of $7 per ton for residential trash and $8 per ton for
sludge, and citing possible impacts on the City. The fees
would become effective October 11.
The City Manager advised that the League of California Cities
had passed a resolution that adoption of the fees would pose
difficulties for cities that should have been addressed;
further, that there was support by some cities to initiate
a lawsuit.
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3 50 Consideration in Closed Session:
With the concurrence of Council, Mayor Buchheim ordered the
report received and filed and advised that the matter will
be taken up in a closed session to determine impacts on the
City and litigation potential.
4. PURCHASE OF FLOWMETER FOR MONITORING CITY
SEWAGE FLOW
(80) Written Communications:
Additional Agency Item dated August 3, 1982, from the Director
of Public Works, requesting Council authorization to purchase
the Marsh-McBirney Flowmeter as recommended by the consulting
engineering firm. The authorization was requested since the
total expenditure for purchase and installation exceeds the
amount necessary to require formal bidding, and only one
vendor in Southern California can obtain the meter.
Authorization to Purchase Flowmeter:
It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried to authorize the purchase
of the Marsh-McBirney Flowmetering equipment at an expenditure
of $7,500.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF JULY 27, 1982
(67) The Report of Actions taken by the Planning Commission at
their meeting of July 27, 1982, was ordered received and
filed.
COUNCIL ACTIONS
1. ACCEPTANCE OF RESIGNATION FROM ORANGE COUNTY
HEALTH PLANNING COUNCIL (JERRY KAUFMAN)
(56) It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried to accept the resignation of
Jerry Kaufman as the City's Delegate to the Orange County
Health Planning Council and to direct that notices be
prepared and posted to solicit applications for the
positions of Delegate and Alternate. -
REMARKS
1. RECOGNITION OF LONG-TERM EMPLOYEES
(66) Mayor Buchheim directed staff to review the current practice
of awarding certificates in recognition of long-term
employment with the City.
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351
2. ORANGE COUNTY MASTER PLAN OF RIDING/HIKING TRAILS
(62) Mayor Buchheim advised that Orange County will consider
amending its Master Plan of Riding/Hiking Trails to include
trails into San Juan Capistrano from Caspers Park, Laguna
Niguel and San Clemente.
Authorization to Sign Letter:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to authorize Mayor Buchheim
to sign a letter to the County Board of Supervisors urging
approval of the proposed amendments to the Master Plan of
Riding/Hiking Trails.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. 1982-83 BUDGET PRESENTATION
(24) Written Communications:
Report dated August 3, 1982, from the City Manager forwarding
the 1982-87 Budget and proposed schedule of meetings.
Following a brief discussion, there was a consensus of Council
that the schedule of meetings for budget consideration be
accepted.
CLOSED SESSION
Council recessed to Closed Session at 10:30 p.m. for discussion
of legal and personnel matters, the City Clerk being excused
therefrom and reconvened at 11:16 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:16 p.m. to Tuesday, August 10, 1982, at
7:00 p.m. in the San Juan Hot Springs Dance Hall.
ATTEST:
RENCE F. BUCHR
EIM, MAYOR
Respectfully submitted,
i a •
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