82-1021_CC_Minutes_Adjourned Regular Meeting40,
October 21, 1982
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California, was called to order by Mayor pro
tem Bland at 7:03 p.m., in the City Council Chamber, followed by
the Pledge of Allegiance to the Flag. Invocation was given by
Reverend Michael A. Carlisle, Capistrano Valley Baptist Church.
ROLL CALL PRESENT: Anthony L. Bland, Mayor pro tem
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: Lawrence F. Buchheim, Mayor
STAFF PRESENT: Stephen B. Julian, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works; Larry Lawrence,
Senior Planner; James S. Okazaki, City Attorney; Mary Ann
Hanover, City Clerk; Cheryl Johnson, Recording Secretary.
M TNIITF. S
Adjourned Regular Meeting of September 30, 1982:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze that the Minutes of the Adjourned Regular Meeting of
September 30, 1982, be approved as submitted. The motion carried
by the following vote:
AYES: Councilmen Friess, Hausdorfer,
Schwartze, and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Buchheim
Regular Meeting of October 5, 1982:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the Minutes of the Regular Meeting of October 5,
1982, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Hausdorfer,
Schwartze, and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Buchheim
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426
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Hausdorfer,
Schwartze, and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Buchheim
WRITTEN COMMUNICATIONS
PETITION URGING COMPLETION OF SAN JUAN CREEK (VEREDA)
BIKE TRAIL
(62) Council received copies of a petition dated September 24,
1982, signed by approximately 106 residents, urging
completion of the San Juan Creek Bike Trail. The petition
cites the need for relief from the busing fee initiated by
the School District and for a safe connecting route between
the east and west sectors of the City.
The Director of Public Works advised that an ad hoc
committee has been working toward completion of the trail;
that there is a problem with limited clearance under the
freeway. Councilman Hausdorfer suggested a written response
be prepared citing problems encountered, financial aspects,
and setting forth a tentative timetable for completion.
Councilman Friess suggested working with the School District
to provide a map specifically identifying the safest and
quickest route to Marco Forster Junior High School from the
eastern side of the freeway. The City Manager noted the
matter would be part of the "Safe Route to School" program.
There was a consensus of Council that a written response be
made to Margaret Finger, who submitted the petition, and
that the School District be contacted regarding preparation
of a Safe Route to School map.
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,
Schwartze, and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Buchheim
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42' j
1. APPROVAL OF WARRANTS
(41) The List of Demands dated October 19, 1982, Warrant Register
No. 83-042, in the total amount of $439,694.77, was approved
as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of September
30, 1982, in the total amount of $7,724,920.74, was approved
as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(41) The City Treasurer's Report advising that there was no 1911
Act Bonds delinquent as of September 30, 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
September 30, 1982, was approved as submitted.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF OCTOBER 11, 1982
(23) The Report dated October 21, 1982, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of October 11, 1982, was ordered received and filed.
6. REDUCTION OF SURETY, PARCEL MAP 80-851, RANCHO VIEJO ROAD
(TRAMMEL CROW)
(85) As set forth in the report dated October 21, 1982, from the
Director of Public Works, the request submitted by the
Trammel Crow Company, developers of Parcel Map 80-851/Rancho
Viejo Road, for a reduction in the Labor and Materials
surety from $1,812,500 to $450,000, was approved subject to
approval of the new surety instrument by the City Engineer.
7. APPEAL OF PLANNING COMMISSION DECISION - SITE PLAN DENIAL,
ARCHITECTURAL CONTROL 81-8 JIM SLEMONS HONDA)
(68) As set forth in the report dated October 21, 1982, from the
City Clerk, a public hearing was set for the meeting of
November 2, 1982, on the appeal filed by Donald B. Sheik,
Vice President of Jim Slemons Honda, in conjunction with the
September 28, 1982, Planning Commission denial of a
modification to the Site Plan, Architectural Control 81-8.
8. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY -
ON-SITE PUBLIC IMPROVEMENTS, ORTEGA HIGHWAY, PARCEL MAP
79-856 (ORTEGA PROPERTIES)
(85) The on-site public improvements for the Ortega Village
Center, Parcel Map 79-856, have been completed and accepted
by the City Inspector, as set forth in the report dated
October 21, 1982, from the Director of Public Works.
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428
Acceptance of Public Improvements:
The following Resolution was adopted:
1MY1(UVL'P11S1N "1'J - U1(1'Ltili V1LLt1UL' l.L'LV'1'L'A kUAXr' 'ft
PROPERTIES) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS - ORTEGA VILLAGE
CENTER (ORTEGA PROPERTIES)
The Resolution accepts the work as complete and directs the
City Clerk to forward the Notice of Completion to the County
Recorder within 10 days.
Release of Surety:
The following bond from Safeco Insurance Company was
extended to October 21, 1983, and authorization was granted
to release the bond following successful completion of the
one-year maintenance period:
Bond Number Amount
Faithful Performance 4095122 $85,000
The following bond from Safeco Insurance Company is to be
released upon expiration of 35 days from recordation of the
Notice of Completion:
Labor and Materials 4095122 $85,000
PUBLIC HEARINGS
1. APPEAL OF ZONING ADMINISTRATOR'S DECISION, ZONE VARIANCE
82-21 (ZANCHI)
(95) Proposal:
An appeal of the August 25, 1982, Zoning Administrator
denial of a zone variance request to reduce the required
number of commercial parking spaces from 147 to 142 in order
to convert a storage building located in the alleyway behind
the Alipaz Shopping Center into a main service area. A zone
variance had been granted in 1980 to convert a trash
enclosure into the subject building, with the condition that
the building be used for storage only. Application for the
variance was made when the property owner was notified that
the current use of the building as an office and workroom
area was in violation of the Land Use Code.
Appellant/Property Owner:
Jack and Yolanda Zanchi, 13941 Sanderstead Road, Santa Ana
92705.
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429,
Written Communications:
Report dated October 21, 1982, from the Director of
Community Planning and Development, forwarding background
information and a recommendation to uphold the Zoning
Administrator's decision.
Public Hearing:
Notice having been given as required by law, Mayor pro tem
Bland opened the Public Hearing and the following person
responded:
(1) Yolanda Zanchi, appellant, addressed Council in support
of the appeal, citing misunderstanding leading to her
belief that the building could sustain a more intensive
use. She advised that the parking lot could be
restriped to meet Code requirements. In response to
Council, she advised that consideration would be given
to leasing the building to the dry cleaning
establishment, who had been using the area for
additional work space.
There being no further response, Mayor pro tem Bland closed
the Hearing with the right to reopen at any time.
Council/Staff Discussion:
Discussion ensued regarding pedestrian safety, traffic
circulation and parking aspects association with the
proposed use, as well as restrictions on future use.
Denial Upheld/Use Denied:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer to uphold the Zoning Administrator's decision by
adoption of the following Resolution and that the additional
use be denied:
RESOLUTION NO. 82-10-21-2, ZONE VARIANCE 82-21 (ZANCHI)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, UPHOLDING THE ZONING
ADMINISTRATOR'S DECISION TO DENY ZONE VARIANCE 82-21
(ZANCHI)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer,
Schwartze, and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Buchheim
Discussion of Possible Use:
The City Manager was directed to meet with Mrs. Zanchi to
discuss possible solutions for appropriate use of the
building.
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430
ORDINANCES
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE, RESIDENTIAL CARE
FACILITIES (ADOPTION)
(55) Written Communications:
Report dated October 21, 1982, from the City Clerk, advising
that the Ordinance was regularly introduced at the City
Council meeting of October 5, 1982, and was scheduled for
adoption.
Adoption of Ordinance No. 476:
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 Friess that the following
ordinance be adopted:
76, AMENDMENT TO TITLE 9 OF THE
- RESIDENTIAL CARE FACILITIES - AN
CALIFORNIA, AMENDING SECTIONS 9-3.401 THROUGH 9-3.407
AND SECTION 9-3.409 OF THE MUNICIPAL CODE REGARDING
RESIDENTIAL CARE FACILITIES AND FAMILY CARE HOMES AND
AMENDING SECTION 9-3.418 TO REQUIRE A CONDITIONAL USE
PERMIT FOR HEALTH RELATED INSTITUTIONAL USES WITHIN THE
PUBLIC AND INSTITUTIONAL ZONING DISTRICT
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer,
Schwartze, and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Buchheim
AMENDMENT TO TITLE 5 OF THE MUNICIPAL CODE, PROHIBIT
(55) Written Communications:
Report dated October 21, 1982, from the City Clerk, advising
that the Ordinance was regularly introduced at the City
Council meeting of October 5, 1982, and was scheduled for
adoption.
Adoption of Ordinance No. 477:
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 Friess that the following
Ordinance be adopted:
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43,
ORDINANCE NO. 477, PROHIBITION OF DRINKING - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 3, TITLE 5 OF THE
MUNICIPAL CODE PROHIBITING THE DRINKING OF ALCOHOLIC
AND FERMENTED MALT BEVERAGES ON CERTAIN PUBLIC AREAS
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer,
Schwartze, and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Buchheim
RESOLUTIONS
1. INVENTORY OF HISTORICAL AND CULTURAL LANDMARKS
(OLD FIRE STATION RECREATION COMPLEX)
(23) Written Communications:
Report dated October 21, 1982, from the Secretary to the
Cultural Heritage Commission, forwarding the Commission's
September 28 recommendation that the Old San Juan Capistrano
Fire Station Complex be included in the City's Inventory of
Historical and Cultural Landmarks. The report advises that
such listing would require City approval prior to any
demolition, removal, relocation or alteration, and that
certain exemptions may be made from the Building Code during
reconditioning or rehabilitation work.
Inclusion in Inventory:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze that the following Resolution be
adopted:
RESOLUTION NO. 82-10-21-3, INVENTORY OF HISTORICAL AND
CULTURAL LANDMARKS - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN INVENTORY OF HISTORICAL AND CULTURAL
LANDMARKS AND RESCINDING RESOLUTION NO. 79-1-17-4
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer,
Schwartze, and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Buchheim
RECESS AND RECONVENE
The Council recessed at 7:47 p.m., to convene the San Juan
Capistrano Community Redevelopment Agency Board of Directors, and
reconvened at 8:00 p.m.
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43Z
ADMINISTRATIVE ITEMS
CITY CLERK
1. 1982 CITY TRAIL RIDE - FINAL REPORT
(23) Written Communications:
Report dated October 21, 1982, from the City
Clerk/Equestrian Commission Secretary, advising that a total
of 322 people took part in the Fifth Annual Trail Ride to
Caspers Park held on October 3, and that the event netted
$2,692.53. The figures reflected increases of 100
participants and $1,543.15 over the 1981 Trail Ride. Monies
generated by the annual event are allocated to the Trail
Ride Trust Account for acquisition, development, and
maintenance of equestrian/hiking trails. The report
expresses appreciation to the volunteers and local merchants
whose time and donations contributed to the success of the
event.
Council expressed appreciation to the merchants and
volunteers and commended Mrs. Hanover for her work. The
report was ordered received and filed.
DIRECTOR OF PUBLIC WORKS
1. STATUS REPORT - SERRA TREATMENT PLANT OPERATION
(79) Written Communications:
Report dated October 21, 1982, from the Director of Public
Works, advising that action had been taken by SERRA to
negotiate a contract with the Aliso Water Management Agency
for administrative services, and that recruitment of a
General Manager and Superintendent/Chief Operator is
underway. Takeover of plant operations is to be complete by
December 14. The report further advises of actions relative
to improved solids handling, storm damage legalities,
replacement of equipment at the 9mgd headworks and the close
out of Project Committee #14, which will require an
expenditure of $2,000 from the City's SERRA General Fund.
Approval of Expenditure:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve the
expenditure of $2,000 to close out Project Committee #14 and
to authorize the transfer of funds from the SERRA General
Fund to Project Committee #14.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
REPORT OF MEETING OF OCTOBER 12, 1982
67) The report of Actions taken by the Planning Commission at
their meeting of October 12, 1982, was ordered received and
filed.
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COUNCIL ACTIONS
1. APPOINTMENT TO THE CULTURAL HERITAGE COMMISSION
(23) There was a concurrence of Council that the item be held
over to the meeting of November 2, 1982.
2. APPOINTMENT TO THE EQUESTRIAN COMMISSION
(23) There was a concurrence of Council that the item be held
over to the meeting of November 2, 1982.
COUNCIL REMARKS
1. CAPISTRANO SADDLE CLUB
(23) An off -agenda report is to be submitted regarding the status
of lighting and conditions at the Capistrano Saddle Club.
2. CONTRACTOR'S SERVICE CLUB REQUEST
(61) Councilman Hausdorfer noted receipt of a letter dated
October 11, 1982, offering the services of the Associated
General contractors of California and suggested that
submittal of the San Juan Creek Bike Trail be considered.
Additional suggestions included the Old Fire Station
Recreation Complex and pedestrian improvements on Del Obispo
Street. Staff was directed to compile a list of suggestions
for Council review.
3. LEAGUE OF CALIFORNIA CITIES CONFERENCE
(61) Councilman Schwartze made an oral report regarding the
Conference held October 17-20 in San Diego.
4. TRAFFIC SIGNAL MODIFICATION - ORTEGA HIGHWAY
(82) Mayor pro tem Bland commended the Public Works Department
for completion of the double left turn lane from westbound
Ortega Highway to southbound Del Obispo Street.
5. PARKING OF USED CARS FOR SALE
(64) In response to Mayor pro tem Bland, the City Manager advised
that employees of Marie Callendars had been advised of
restrictions on parking of cars for sale.
CLOSED SESSION
Council recessed to Closed Session at 8:12 p.m., for discussion
of legal matters, the City Clerk being excused therefrom, and
reconvened at 9:00 p.m.
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434
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:01 p.m. to the next meeting date of Tuesday,
November 2, 1982, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
W "F"'71:,7
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ATTEST:
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