80-1015_CC_Minutes_Regular Meeting65
OCTOBER 15, 1980
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 Hausdorfer at
7:00 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Palmer,
Old Mission Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Phillip R. Schwartze, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, 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.
MTNTTTF.S
Adjourned Regular Meeting of October 1, 1980:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze that the Minutes of the Adjourned Regular Meeting of
October 1, 1980, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Friess, Schwartze, Bland
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
Regular Meeting of October 1, 1980:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of October 1,
1980, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Schwartze, Bland,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
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• •
ORAL COMMUNICATIONS
1. EQUESTRIAN COMMISSION
(23) Ilse Byrnes, Chairman of the Equestrian Commission, thanked
the Council and staff for their cooperation and support of
the City Trail Ride to Caspers Park. Mayor Hausdorfer
expressed the Council's appreciation for the volunteer
efforts which make the annual event possible.
PUBLIC HEARINGS
1. PROPOSED AMENDMENT TO PERSONNEL RULES -
PROBATIONARY APPOINTMENTS, TIME PERIODS AND EMPLOYEES
(66) Written Communications:
Report dated October 15, 1980, from David DeBeauvais, advising
that the report was not submitted pending further review by
the City Manager/Personnel Officer.
Continuance of Public Hearin:
There being no one wishing togspeak on the matter, and with
the concurrence of Council, Mayor Hausdorfer directed that
the Public Hearing on proposed amendments to the Personnel
Rules be continued to the meeting of November 5, 1980.
2. APPROVAL OF TEMPORARY STREET CLOSURE -
CHAMBER OF COMMERCE 10 KM RUN
(29) Proposal:
Request from the Chamber of Commerce to close the following
streets in conjunction with their 10 KM run to be held on
Saturday, October 25th, beginning at 8:30 a.m.:
San Juan Creek Road from La Novia to its easterly end;
La Novia from San Juan Creek Road to Calle Arroyo;
and, a portion of Calle Arroyo from La Novia to Sundance
Drive.
The streets will be closed from 8:00 a.m., to 10:00 a.m.
Applicant:
San Juan Capistrano Chamber of Commerce.
Written Communications:
(1) Report dated October 15, 1980, from the Director of
Public Works.
(2) Letter dated October 15, 1980, from the Chamber of
Commerce.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
declared the Hearing open and, there being no response, closed
the Public Hearing.
Approval of Temporary Street Closure:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried to approve the closure of
streets listed above on Saturday, October 25, from 8:00 a.m.,
to 10:00 a.m.
3. CONTINUED REVIEW OF CABLE TELEVISION SERVICES PROVIDED BY
STORER CABLE TV AND TM COMMUNICATIONS
(43) Proposal:
This hearing was continued from the meeting of September 17,
1980, in order to allow both cable television companies time
to respond to complaints cited at the meeting, and to evaluate
existing services and possible alternatives.
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Written Communications:
Report dated October 15, 1980, from the Assistant City Manager/
Director of Administrative Services, forwarding the cable TV
companies' written response to complaints cited on September 17th
and submitting the following possible alternatives for providing
cable TV service:
(1) A City-wide franchise to one operator;
(2) A joint powers agency with other jurisdictions;
(3) A City -owned and operated system.
Public Hearing:
Notice of the Hearing having been given, Mayor Hausdorfer
opened the Public Hearing and the following persons responded:
(1) Lyn Sherwood, 30676 Calle Chueca, representing an ad
hoc citizens committee, presented petitions signed by
approximately 200 residents urging denial of any rate
increases until service is improved and investigation
of other cable TV companies and services.
(2) Bill Fields, 26551 Briarwood Lane, cited service problems.
(3) Bill Hankey, 33771 Via Cascada, urged that cable TV
service continue as private enterprise.
(4) John Straighter, 32175 Via Barrida, stated that equipment
and signal-to-noise ratios need improvement.
(5) Audrey Towne, 32371 Alipaz Street, cited difficulties
with service and office administration.
(6) Renee Collins, Manager, Storer Cable TV, stated the
company is committed to providing service, that some
equipment is to be replaced in the mobile home park
on Alipaz, that additional power supplies could be
provided, and suggested formation of a committee to
hear complaints.
(7) Mike Madigan, Sr., 32831 Camino Capistrano, cited
difficulties with calling in complaints.
(8) Beverly Blank, Manager, TM Communications, stated the
company's willingness to cooperate and attend any citizen
meetings.
There being no further response, Mayor Hausdorfer declared
the Hearing closed.
Formation of Ad Hoc Committee:
Council concurred that an ad hoc committee be formed with
Councilman Schwartze as chairman and the Director of Admin-
istrative Services and City Attorney as members; any additional
appointments are to be made by the Chairman. The committee
charge is as follows:
(1) Investigate the City's legal position regarding
cable services;
(2) Review the current franchise agreements;
(3) Report to Council on alternatives available;
(4) Review service problems and methods for correction;
(5) Encourage better public relations;
(6) Report the committee findings within 90 days.
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Councilman Friess noted that the companies' admissions of
problems is a positive step; Councilman Buchheim suggested
that the FCC be requested to make spot inspections and agreed
with provision of alternate power supplies; Councilman Bland
suggested that a telephone survey be conducted to determine
the level of service acceptance.
Councilman Schwartze suggested that all materials compiled at
this time be forwarded to the two franchisees for reply within
a specified period of time; in addition, the companies' long-
range future plans are to be submitted to the City.
With Council concurrence, Mayor Hausdorfer directed that any
public hearings on rate increases are to be deferred, pending
receipt of the committee report.
4. APPROVAL OF TENTATIVE PARCEL MAP 10634 -
PUEBLO SERRA PLANNED COMMUNITY
(85) Councilman Buchheim left the Council Chamber due to his
(68) involvement in the project as a property owner.
Proposal:
Request for approvals of Tentative Parcel Map 10634, to divide
29.8+ acres located southeast of the intersection of Camino
Capistrano and Junipero Serra, into 10 parcels; Architectural
Control 80-3, a 66,000 -square -foot office complex; and, an
amendment to the Comprehensive development plan to modify
construction phasing and to delete the shuttle bus service
to the development. The planned community includes general
retail and professional office uses, a neighborhood convenience
area and residential development.
Applicant:
First Commercial Enterprise, 2801 Barranca Road, Irvine,
California 92714.
Written Communications:
Report dated October 15, 1980, from the Director of Community
Planning and Development, forwarding the Planning Commission
recommendation of approval with conditions, and an updated
supplemental traffic analysis and archaeological survey for
inclusion as part of the previously certified EIR and various
site and elevation plans.
Exhibits were on display, and Tom Tomlinson, Associate Planner,
made an oral presentation. Discussion ensued regarding
roofing materials, impacts on future transportation modes,
and Trabuco Creek crossing point.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and the following persons responded:
(1) Don Hanna, 30161 Branding Iron Road, Project Manager,
advised that the applicant would prefer flat tile roofing
material for fire safety and longevity purposes; the
preliminary engineering study should be limited to
ensuring that the proposed intersection is in keeping
with future creek corssings.
(2) Arthur Lavagnino, 30797 Calle Chueca, suggested that
roofing materials be decided by the developer and
requested that an additional condition be added to
AC 80-3 reducing the size of exposed columns to reflect
the scale of Monterey -style buildings. Staff advised
that the matter would be addressed during Phase III
review.
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(3) Ron Yorba, 30666 Calle Chueca, representing Casitas
Capistrano, cited concerns with drainage and possible
erosion of existing boundary fencing. Mr. Hanna advised
that drainage controls will be implemented.
There being no further response, Mayor Hausdorfer closed the
Public Hearing.
Approval of Supplemental Traffic and Archaeology Reports:
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried with Councilman Buchheim absent,
to find that the supplemental reports on traffic and archaeology
adequately address the impacts associated with ultimate develop-
ment of the Planned Community; that the documents have been
prepared for information purposes and their acceptance should
not be construed as either approval or denial of the project;
and, that the supplemental reports will be included as a part
of the previously certified EIR.
Approval of Tentative Tract 10634:
It was moved by Councilman Schwartze, seconded by Councilman
Bland to adopt the following Resolution as amended:
RESOLUTION NO. 80-10-15-1, TENTATIVE TRACT 10634
(PUEBLO SERRA) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING TENTATIVE TRACT MAP 10634
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
A new condition 15 was added to the Resolution providing that
final alignments for Camino Capistrano and Junipero Serra
Road shall be such that there shall be no negative impact
on the two historic California Sycamore trees.
Approval of Architectural Control 80-3:
It was moved by Councilman Schwartze, seconded by Councilman
Bland to adopt the following Resolution, as amended:
RESOLUTION NO. 80-10-15-2, ARCHITECTURAL CONTROL 80-3 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING ARCHI-
TECTURAL CONTROL 80-3 (PUEBLO SERRA)
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
Condition No. 4 was amended to provide that roof materials
shall be wood shingle or tile of a similar appearance;
Condition No. 8(b), was corrected to read, lower
than the ridge;"
Approval of Amendments to Comprehensive Development Plan 75-1:
It was moved by Councilman Schwartze, seconded by Councilman
Bland to adopt the following Resolution:
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70
RESOLUTION NO. 80-10-15-3, AMENDMENT TO
PLANNED COMMUNITY) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
ORDINANCE NO. 297 BY CHANGING CONSTRUCTION PHASING AND
DELETION OF THE SHUTTLE BUS REQUIREMENTS FOR THE AREA
REFERRED TO AS THE PUEBLO SERRA PLANNED COMMUNITY
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
Councilman Buchheim returned to the dais and resumed his duties at
9:00 P.M.
5. GENERAL PLAN AMENDMENT 80-2 (FALKLAM
(46) Proposal:
A request to amend the Land Use Element to change the designation
from 1.1 Very Low and 1.3 Medium Low Density, to 1.3 Medium
Low Density over the entire 3.41+ acre parcel located south-
west of the intersection of Calle Aspero and Del Obispo Street,
west of Del Obispo. The amendment would allow a maximum
development potential of 12 units. A focus Environmental
Impact Report was prepared for the project.
Applicant:
Harry Falklam, 32151 Del Obispo Street, San Juan Capistrano.
Written Communications:
Report dated October 15, 1980, from the Director of Community
Planning and Development, forwarding the Planning Commission's
recommendation of denial.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing the the following persons responded:
(1) Harry Falklam, applicant, stated that 85% of the major
trees on the property will not be within the area of
development; disputed a statement in the EIR regarding
archaeological impact; requested support of the develop-
ment proposal.
There being no further response, Mayor Hausdorfer closed the
Public Hearing.
Approval of General Plan Amendment 80-2:
It was moved by Councilman Friess, seconded by Councilman
Buchheim to approve an Amendment to the Land Use Element,
with the condition that all of the existing specimen trees
on the property shall be preserved on the site and are
identified as a constraint to any future development
application, by the adoption of the following Resolution:
RESOLUTION NO. 80-10-15-4 - GENERAL PLAN AMENDMENT
80-2 (FALKLAM) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT 80-2 (FALKLAM)
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The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Buchheim
and Mayor Hausdorfer
NOES: Councilman Bland
ABSENT: None
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 411 - REZONE 80-2 (FRENCH)
(95) Written Communications:
Report dated October 15, 1980, from the City Clerk, advising
that the Ordinance was regularly introduced on October 1,
1980, and is scheduled for adoption.
Adoption of Ordinance:
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 Buchheim, that the following
Ordinance be adopted:
ORDINANCE NO. 411, REZONE 80-2 (FRENCH) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE COMPREHENSIVE DEVELOPMENT
PLAN ADOPTED BY ORDINANCE NO. 379, BY AMENDING THE
DESCRIPTION AND PERMITTED USES ALLOWED FOR PLANNING
SECTOR B TO INCLUDE INDUSTRIAL SERVICE USES
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
1. ABANDONMENT OF PORTION OF CALLE AVIADOR
(CAPISTRANO INDUSTRIAL PARK, LTD.)
(85) Written Communications:
(91) Report dated October 15, 1980, from the Director of Public
Works, forwarding a resolution declaring Council's intent
to vacate a portion of Calle Aviador in Tract 10564, and
setting a public hearing for the Council meeting of
November 5, 1980.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 80-10-15-5, INTENT TO VACATE PORTION
OF CALLE AVIADOR - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING ITS INTENTION TO VACATE A PORTION OF CALLE
AVIADOR
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
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72
2
ESTABLISHMENT OF ".
PARKING DURING SCHOOL HOURS" ZONE -
(64) Written Communications:
Report dated October 15, 1980, from the Secretary to the
Traffic and Transportation Commission, forwarding the
Commission's recommendation of approval of the request
to post the streets in the Country Hills development as
a "No Parking During School Hours" zone, due to the large
volume of school traffic through the area during the school
year.
Adoption of Resolution/Approval of Zone:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 80-10-15-6, PARKING REGULATIONS -
COUNTRY HILLS ROAD AND WILDWOOD LANE - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING DURING SCHOOL
HOURS" AREAS ON BOTH SIDES OF COUNTRY HILLS ROAD AND
WILDWOOD LANE
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution designates the following streets as the "No
Parking" areas:
Both sides of Country Hills Road from Via Escolar
to the southerly terminus;
Both sides of Wildwood Lane from Country Hills Road
to the westerly terminus.
BIDS, CONTRACTS, AGREEMENTS
1. AWARD OF CONTRACT - TRUNK LINE SEWER RECONSTRUCTION,
C T/1TTP TT TTT TTTT Tf TITml TT %niTT1"TT T/l\
(38) Written Communications:
(80) Report dated October 15, 1980, from the Director of Public
Works, forwarding results of a bid opening held October 9th
for the trunkline sewer reconstruction which will replace
and increase the size of an existing portion of the City's
land outfall sewer to the SERRA Treatment Plant.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to award the contract for
the Trunkline Sewer Reconstruction to Cappello Construction
Company, of San Juan Capistrano, in the amount of $155,305,
and to reject all other bids. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
2. AWARD OF CONTRACT - CAMINO DEL AVION IMPROVEMENTS,
ARTERIAL HIGHWAY FINANCING PROGRAM 1022 (GRIFFITH COMPANY)
(38) Written Communications:
(44) Report dated October 15, 1980, from the Director of Public
(83) Works, forwarding results of a bid opening held October 8th
for construction of the Camino del Avion improvements. The
County of Orange will participate in funding of the project
in the amount of $165,000; City Gas Tax and Drainage Funds
will provide local matching funds; and, Torreal Investments,
developers of Tract 11086, will provide $150,000 as a condition
of development.
10/15/80
73
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to award the contract for
the construction of the Camino del Avion improvements to
Griffith Company, of Irvine, in the amount of $497,088.57,
and to reject all other bids. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
CONSENT CALENDAR
It was moved by Councilman Buchheim and 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, Schwartze, Bland
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated October 15, 1980, Warrant Register
No. 81-042, in the total amount of $223,143.22, was approved
as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF SEPTEMBER 30, 1980
(41) The City Treasurer's Report of Investments as of September 30,
1980, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF SEPTEMBER 30, 1980
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of September 30, 1980, was approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF SEPTEMBER 30, 1980
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the period ending September 30, 1980, was approved as
submitted.
5. APPROVAL OF FINAL MAP, TRACT 10564 (CAPISTRANO
INDUSTRIAL PARK, LTD.)
(85) The Final Map for Tract 10564 was approved with the determination
that the Map is consistent with the General Plan and in
substantial compliance with the approved tentative map, as
set forth in the report dated October 15, 1980, from the
Director of Public Works. The Mayor and City Clerk were
authorized to execute the Subdivision Agreement on behalf of
the City; the City Clerk will forward the Agreement to the
Orange County Recorder for recordation.
6. APPROVAL OF FINAL MAP, PARCEL 79-862 (SACARAMA LIMITED
PARTNERSHIP)
(85) Final Parcel Map 79-862 was approved with the determination
that the Map is consistent with the General Plan of the City
and in substantial compliance with the approved tentative map,
as set forth in the report dated October 15, 1980, from the
Director of Public Works.
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74 '
7. SETTLEMENT OF INSURANCE CLAIM (TUBB)
(35) At the direction of Council on July 16, 1980, to proceed with
appraisal of flood damage at 25711 Windjammer Drive, the
recommendation of the City's insurance adjuster for a $2,000
settlement of the Claim filed by Jon Tubb was accepted and
payment authorized, as set forth in the report dated October 15,
1980, from the Director of Administrative Services.
REMOVAL OF TEMPORARY BARRICADE - CALLE SAN REMO/LOS CORRALES
TRACT 9373
(85) Pursuant to a request by the Orange County Fire Department,
(87) removal of the temporary barricade on Calle San Remo at the
boundary of Tract 9373, installed during construction of _
Tract 9373 to divert truck traffic to La Novia, was approved
as of November 6, 1980. Signs announcing the removal are
to be posted immediately.
PHASING AND CERTIFICATES OF USE AND OCCUPANCY
TRACT 9578, VIA ESCOLAR (COUNTRY HILLS ESTATES)
(85) At the request of Council, this matter was continued for
(25) further report on November 5, 1980.
RECESS AND RECONVENE
The Council recessed at 9:33 p.m., and reconvened at 9:48 p.m.
ADMINISTRATIVE ITEMS
CITY CLERK
1. THIRD ANNUAL TRAIL RIDE REPORT
(23) Written Communications:
(36) Report dated October 15, 1980, from the City Clerk/Equestrian
Commission Secretary, advising that the Third Annual Trail
Ride to Caspers Park, held Sunday, October 5th, had a total
of 312 participants, 276 on horseback, representing an increase
of 131 participants compared to the 1979 Ride. The Ride grossed
$2,408; after payment for food, beverage and I.D. buttons, the
net receipts totaled $1,766.67. Monies generated by the Rides
are allocated to the Trail Ride Trust Account for acquisition,
development and maintenance of equestrian trails in the City;
the Account now totals $2,959.67. The report cites services
provided by the many volunteers, and donations and gifts for the
noontime drawing given by the local merchants.
With Council concurrence, Mayor Hausdorfer ordered the report
received and filed, with commendations to the staff and
Commission for a successful event.
CITY ATTORNEY
1. SETTING HEARING DATE - ORDER TO SHOW CAUSE RE REVOCATION
OF SECURITY PATROL PERMIT (VIEJO SECURITY)
(65) This item was held over from the meeting of October 1, 1980.
Written Communications:
Report resubmitted October 15, 1980, from the City Attorney,
advising of complaints received against the Viejo Security
Service as a public nuisance, and recommending proceedings
be initiated to revoke Viejo Security's Merchant Patrol
License on grounds of non-compliance with the City's Municipal
Code and for causing a public nuisance.
Hearing Date Set:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to set a hearing date for
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November 5, 1980, at 7:00 p.m., in the City Council Chamber;
to authorize the City Attorney to prepare an Order to. Show
Cause Re: Revocation; and, to notify Viejo Security.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. REQUEST FOR AMENDMENT TO RESIDENTIAL ALLOCATION SCHEDULE
TRACT 9786 (BLACK MOUNTAIN VILLAS)
(85) Written Communications:
(28) Report dated October 15, 1980, from the Director of Community
Planning and Development, forwarding a request of the Patrick
Development Company to transfer the 69 building permits
allocated in the 1980 Residential Allocation Schedule to
the 1981 RAS; and, to transfer 20 of the 28 permits allocated
in the 1981 RAS to the 1982 RAS, due to a delay in the start
up of grading in Tract 9786 until the spring of 1981. The
report recommends consideration of the request and an
indication of Council intention to adjust the 1981 Numerical
Limit upward to provide for the requested transfer of
allocations from 1980 to 1981. The request complies with
Council desire to limit tract grading operations during rainy
seasons.
Approval of Request:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried that the City Council will
increase the 1981 Numerical Limit to accommmodate the RAS
transfer of Tract 9786 allocations as requested by the
developer, as follows: transfer of 69 permits from 1980 to
1981; and, transfer of 28 permits from 1981 to 1982.
2. INITIATION OF AMENDMENT TO GROWTH MANAGEMENT ORDINANCE
(PROVISIONS FOR ALLOCATIONS IN LARGE-SCALE PLANNED COMMUNITIES)
(28) Written Communications:
(55) Report dated October 15, 1980, from the Director of Community
Planning and Development advising that several large development
plans are being processed and in order to provide for orderly
implementation of major elements such as roads, sewers, and
utilities, a comprehensive program is needed. The report
recommends initiation of an amendment to the Residential
Growth Management program relating to the Planned Community
District to provide for the inclusion of separate phasing
programs for large-scale planned communities, or, a growth
management program within a Planned Community Comprehensive
Development Plan.
Initiation of Amendment:
It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried to initiate a proposed
amendment to the Residential Growth Management Program as it
relates to the Planned Community District.
DIRECTOR OF PUBLIC WORKS
1. FIXED ROUTE TRANSIT SYSTEM
(88) Written Communications:
Report dated October 15, 1980, from the Director of Public
Works setting forth City costs to contract with Orange County
Transit District for an inter -City fixed route bus system,
which would operate from 10:00 a.m., to 6:00 p.m., 7 days
per week. The report also advises that OCTD's dial -a -ride
system is scheduled to begin operation in July, 1981. Funding
of the project would come from a transferrence of monies from
the General Plan to the newly established City Transit System
Fund; total estimated expense for a 6 -month trial period is
$48,727.50.
Due to the upcoming County service, it was moved by Councilman
Friess, seconded by Councilman Buchheim and unanimously carried
to receive and file the report.
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ME
2. CONSTRUCTION OF CUL-DE-SAC - WINDSONG DRIVE
(SUNHOLLOW HOMEOWNERS ASSOCIATION)
(83) Written Communications:
(61) Report dated October 15, 1980, from the Director of Public
(85) Works, forwarding a letter dated September 30th, from Andrew S.
(74) Hollins, Attorney for the Sunhollow Homeowners Association,
and a proposed response from the Mayor, regarding construction
of a cul-de-sac at the intersection of Windsong Drive and
Ortega Highway, in conjunction with Assessment District 78-3
improvements. The Association has expressed concern regarding
acquisition of a 3 -foot strip of right-of-way for the cul-de-sac
and offered 11 conditions they would like met before agreeing
to the construction. The report lists alternatives available,
but recommends negotiation of the 11 conditions.
John F. Katzmaier, 27575 Brookside Lane, supported the staff
recommendation and further requested extension of the sidewalk
north and south of the development area.
Offer of Settlement:
It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried to authorize the Mayor to
sign a letter to Mr. Katzmaier, President of the Sunhollow
Hoemwoenrs Association, offering a negotiated settlement of
the questions of right-of-way necessary for construction of
the cul-de-sac on Windsong Drive.
COMMISSIONS, BOARDS, COMMITTEES
AD HOC RECREATION FACILITIES COMMITTEE
1. STATUS REPORT
(23) Written Communications:
(62) Report dated October 15, 1980, from Mayor Hausdorfer, advising
that the Committee's primary effort is the procurement and
installation of field lights at Marco Forster Junior High
School; that efforts will be directed toward developing a
joint use agreement between the City and CUSD to define
responsibilities for the lights.
There was a concurrence of Council that the report be received
and filed.
MOBILE HOME PARK REVIEW BOARD
1. PROPOSED AMENDMENTS TO MOBILE HOME ORDINANCES NOS. 380,
386, 393. AND 405
(23) Written Communications:
(55) Report dated October 15, 1980, from the City Attorney, forwarding
the suggestion of the San Juan Capistrano Mobilehome Council,
and subsequent recommendation of the Mobile Home Park Review
Board, that space rent increases be limited to the percentage
raise in the Consumer Price Index as applied to the operating
expenses of a Park; and, the recommendations of Councilman
Schwartze and the Board that the designation of the Board be
changed to "Committee" and the authority and scope of duties
of the Board be amended. The report also forwards a proposed
Ordinance which consolidates the Mobile Home Ordinances Nos. 380,
386, 393, and 405, and adds a definition of the "Maximum
Allowable Percentage" in space rent increases to be the lessor
of the percentage increase of the Consumer Price Index, or 9%.
Introduction of Ordinance, as amended:
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 Buchheim that the following Ordinance be introduced:
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77
ORDINANCE NO. 412, MOBILE HOME PARK REVIEW COMMITTEE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ARTICLE 9, CHAPTER 2, TITLE 2
OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland
Buchheim and Mayor Hausdor£er
NOES: None
ABSENT: None
Section 2-2.904(c)l. is amended to read, "to investigate,
hold hearings, mediate insofar as possible, and make recom-
mendations ."
Committee Report:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried that the Committee be directed
to submit a report within 60 days with recommendations for
rent increase formula methods and whether an outside consultant
should be hired at an amount not to exceed $500. There was
a concurrence of Council that Pat Kish be requested to continue
in a volunteer, consultant capacity.
LIBRARY COMMITTEE REPORT
1. ALTERNATIVES FOR ACJACHEMA STREET
(23) Written Communications:
(52) Report dated October 15, 1980, from Councilman Friess, Chairman
of the Committee, advising that during consideration of
alternative treatments for Acjachema Street between E1
Camino Real and Camino Capistrano, the Committee determined
the link between the Great Stone Church and the library to
be very important. Treatment of the street has been included
in the requirements for the library design competition; the
Committee determined that a decision may be made when a final
architectural design is selected on whether the proposal for
Acjachema Street is the best for the City's needs.
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried that no action be taken on
the treatment of Acjachema Street between Camino Capistrano
and El Camino Real until after the architectural competition
is over and the winning participant's approach is evaluated.
Council concurred on the concept of street usage for emergency
and delivery access.
REMARKS
1. CAPISTRANO TERRACE MOBILE HOME PARK
(25) Councilman Buchheim noted a letter regarding the situation
(23) at the Capistrano Terrace Mobile Home Park, and Councilman
Schwartze suggested the matter also be reviewed by the
Mobile Home Park Review Committee.
2. GENERAL PLAN REVIEW FOR NEWLY -APPOINTED COMMISSIONERS
(23) Councilman Bland suggested that staff present an overview of
the General Plan for newly -appointed commissioners in an open
forum setting. Mayor Hausdorfer asked Mr. Bland and the
Director of Community Planning and Development to schedule
a presentation date.
3. PUBLIC FACILITIES COMMITTEE
(23) Councilman Friess noted the current vacancy on the Committee,
and there was concurrence that Councilman Bland would serve.
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4. TRAFFIC SIGNAL - ORTEGA PLANNED COMMUNITY
(74) The Director of Public Works was requested to contact Caltrans
(82) District 7 regarding installation of a traffic signal at the
Ortega Highway.
5. TRAFFIC - DEL OBISPO STREET TO ORTEGA HIGHWAY
(87) Mayor Hausdorfer suggested that the Director of Public Works
request California Highway Patrol assistance with traffic
control during peak time periods.
6. LAFCO - SPHERE OF INFLUENCE REVIEW
(21) Councilman Schwartze advised that the City's Sphere of Influence —
would be reviewed by LAFCO during November or December.
7. MEETING ATTENDANCE
(32) Councilman Schwartze advised he would be unable to attend the
November 5th Council meeting.
8. TRANSPORTATION - AT&SF RAILWAY
(88) Mayor Hausdorfer requested that staff contact the AT&SF
Railway regarding requirements for installation of a
"shoofly" track.
EXECUTIVE SESSION
The City Council recessed atll:03 p.m., the City Clerk being excused
therefrom, and reconvened at 12:00 o'clock midnight.
ADJOURNMENT
There being no further business before the Council, the meeting
adjourned at 12:02 a.m., Thursday, October 16, 1980, to the next
regular meeting date of November 5, 1980, at 7:00 p.m., in the
City Council Chamber.
ATTF.CT.
Respectfully submitted,
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