80-1210_CC_Minutes_Adjourned Regular Meeting115
DECEMBER 10, 1980
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 Hausdorfer at 7:07 P.M., in the City Council Chamber,
followed by the Pledge of Allegiance to the Flag. Invocation
was given by Reverend Don Ingle, Capistrano Valley Baptist
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; Robert G. Boone,
Accounting Officer/Acting Director of Administrative Services;
William D. Murphy, Director of Public Works; Thomas G. Merrell,
Director of Community Planning and Development; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of December 3, 1980
It was moved by Councilman Buchheim, seconded by Councilman
Friess that the Minutes of the Regular Meeting of December 3,
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
AMENDMENT TO SEPTEMBER 24. 1980 MINUTES
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim to approve the following Amendment to the September 24,
1980, Minutes for clarification, as requested by the City Clerk:
Page 2, last paragraph, first sentence,
is amended to read, "In response to
Mayor Hausdorfer, the City Manager advised
that all of the tax increment funds within
the project area would be frozen since
those funds..."
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland,
Buchheim and Mavor Hausdorfer
NOES. None
ABSENT: None
ANNOUNCEMENT
Mayor Hausdorfer extended holiday greetings to the Council,
staff, and community and noted his gratitude to the City staff
for their assistance and efforts during the past year.
-1- 12/10/80
116
MOTION TO READ BY TITLE ONLY
It was moved by Council Buchheim, seconded by Councilman Schwartze
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
ORAL COMMUNICATIONS
1. SISTER CITIES COMMITTEE - CERTIFICATE OF MEMBERSHIP
(23) Janet Boucher, 27361 Ortega Highway, representing the
Committee, presented a Certificate of Membership from
Sister Cities International, as well as charters to be
forwarded to the Cities of Goya, Argentina, and Petra,
Mallorca. Mrs. Boucher advised that letters were being
prepared for the Mayor's signature.
2. CHAMBER OF COMMERCE - CITY BUSINESS DIRECTORY
(29) Doris Lindsey, Manager of the Chamber of Commerce, presented
copies of the first edition of the Chamber's City Business
Directory to Council and Staff. Council commended the
Chamber for their efforts in compiling the Directory.
3. C. RUSSELL COOK PARK PROPERTY ACQUISITION
(62) Pauline Leonard, representing the Parks and Recreation
Commission, noted that the proposed land acquisition
appearing on the Agenda was an integral part of development
of the C. Russell Cook Park Master Plan.
WRITTEN COMMUNICATIONS
1. REQUEST TO UPGRADE EXISTING
LOCATED AT
(25) Letter dated November 10, 1980, from Stephen P. Scibelli
(76) requesting permission to upgrade the existing business
located at 31766-68 Camino Capistrano.
Councilman Friess advised that a meeting with area property
owners is scheduled for December 17th at Brentwood Savings
to discuss the Downtown Master Plan; a report will be
submitted to Council at the first meeting in January. With
Council concurrence, Mayor Hausdorfer referred Mr. Scibelli's
letter to Councilman Friess. _
2. REQUEST FOR CONSIDERATION OF ADDITIONAL GOLF COURSE
(61) Letter dated December 4, 1980, from the Woman's Club of San
Juan Capistrano requesting consideration of an additional
golf course utilizing the old Forster Canyon landfill site.
Mary Ann Porter, Club President had advised that the letter
was forwarded by the Golf Committee, rather than the Board
of Directors.
With Council concurrence, Mayor Hausdorfer received and
filed the request for future consideration.
-2-
12/10/80
117
PUBLIC HEARINGS
1. AMENDMENT TO TITLE 8 OF THE MUNICIPAI, CODE -
ADOPTION OF 1979 EDITIONS OF THE UNIFORM BUILDING CODES
(25) Proposal:
(55) Adoption of the 1979 ditions of the Uniform Building
Codes.
Written Communications:
Report dated December 10, 1980, from the Director of Public
Works forwarding the enacting Ordinance as an urgency
matter.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing; and, there being no response,
declared the Hearing closed.
Adoption of Ordinance 414:
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 Buchheim, that the following Ordinance
be adopted:
ORDINANCE NO. 414 - AMENDMENT TO TITLE 8
OF THE MUNICIPAL CODE (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 UNIFORM
BUILDING CODES, 1979 EDITIONS, AND ADOPTING
CERTAIN UNIFORM BUILDING CODES, 1979 EDITIONS,
TOGETHER WITH CERTAIN AMENDMENTS, APPENDICES
AND STANDARDS THERETO, AND DELETING THE 1976
EDITIONS OF THESE SAME UNIFORM BUILDING CODES
(URGENCY)
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
The City Clerk is directed
Ordinance 414 to the State
Community Development.
ORDINANCES
to forward a Certified copy of
Department of Housing and
1. AMENDMENTS TO TITLE 9 OF THE MUNICIPAL CODE -
ADOPTION OF ORDINANCE NO. 413
(55) Written Communications:
Report dated December 10, 1980, from the City Clerk,
advising that the Ordinance was regularly introduced at the
Council meeting of December 3, 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 Buchheim,
seconded by Councilman Schwartze that the following Ordinance
be adopted:
-3- 12/10/80
�e
ORDINANCE NO. 413, CODE AMENDMENT 80-3 -
AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING CERTAIN
SECTIONS OF TITLE 9 OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
RESOLUTIONS
1. ACCEPTANCE OF PROPERTY TAX REVENUE EXCHANGE
(MOGAN ANNEXATION)
(21) Written Communications:
(86) Report dated December 10, 1980, from the Assistant City
Manager/Director of Administrative Services advising that
Council approved the Master Property Tax Agreement for the
Mogan Annexation pursuant to Section 99 (B) of the State
Revenue and Taxation Code at their meeting of December 3,
1980. The report further states that to complete the
exchange of revenues as a result of the Mogan Annexation,
it is necessary for the City to adopt the Resolution of
Acceptance.
Resolution of Acceptance:
It was moved by Councilman Schwartze, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 80-12-10-1, ACCEPTANCE OF
PROPERTY TAX REVENUE EXCHANGE - MOGAN
ANNEXATION - A RESOLUTION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING
THE EXCHANGE OF PROPERTY TAX REVENUES AS
A RESULT OF THE MOGAN ANNEXATION PURSUANT
TO SECTION 99 (B) OF THE CALIFORNIA REVENUE
AND TAXATION CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. PARK PROPERTY ACQUISITION - C. RUSSELL COOK PARK/
ORTEGA PROPERTIES (GLENDALE FEDERAL SAVINGS AND LOAN)
(38) Written Communications:
(62) Report dated December 3, 1980, from the Director of Recreation
advising that Glendale Federal Savings and Loan has offered
the City the opportunity to purchase their property on La
Novia, located at the northwest corner of the bridge crossing
San Juan Creek. The asking price is $20,000 for approximately
0.81 acres. The report further states that this item was
taken to the Parks and Recreation Commission at their
meeting of November 17, 1980, and the purchase of the
property was unanimously recommended for use as a multi-
purpose field.
SM
12/10/80
119
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to authorize the City
Manager to execute the necessary document to accept the
offer of Glendale Federal Savings and Loan to purchase the
subject 0.81 acre parcel, and authorize the expenditure of
$20,000 from the Parks and Recreation Fund to be used for
the purchase of the property.
Mayor Hausdorfer expressed Council appreciation to Glendale
Federal and to staff for their efforts.
2. AGREEMENT TO PARTICIPATE IN ENGINEERING STUDY -
STONEHILL DRIVE EXTENSION (COUNTY OF ORANGE)
(38) Written Communications:
(44) Report dated December 10, 1980, from the Director of Public
(56) Works forwarding an Agreement with the County of Orange for
the planning and design of Stonehill Drive between Del
Obispo Street and Camino Capistrano.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to approve the Agreement
with the County of Orange; staff was authorized to
appropriate $13,000 from the Systems Development Tax Fund.
The Capital Improvement Budget is to be amended to include
the project. The Mayor and City Clerk were authorized to
execute the Agreement on behalf of the City.
3. LEASE OF CITY PROPERTY FOR BOARDING S
(23) Written Communications:
(38) Report dated December 10, 1980, from the City Clerk
recommending that the Second Addendum to the lease between
the City and Wagon Wheel Stables be approved.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried to approve the Second
Addendum to the Lease Agreement extending the period of
the lease from January 2, 1981, to January 2, 1982. The
Mayor and City Clerk were authorized to execute the
Addendum to Lease Agreement on behalf of the City.
Council noted that equestrian use in the area of Calle
Arroyo and Avenida Siega would be discussed further during
review of the Cook Park Master Plan.
4. AMENDMENT TO AGREEMENT TO PARTICIPATE IN CAMINO DEL AVION
IMPROVEMENTS, TRACT 11086 (TOREAL INVESTMENTS, INC.)
(38) Written Communications:
(44) Report dated December 10, 1980, from the Director of Public
(83) Works requesting an Amendment to Exhibit A in an Agreement
(85) between the City and Toreal Investments, Inc. The
developer has requested that the City participate equally
in the cost of storm drain improvements. Staff also requests
a reduction in the amount of engineering participation since
the developer participated in the engineering design for
street and storm drain improvements.
Approval of Amendment:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to approve the Amendment to
Exhibit A in the Agreement between the City and Toreal
Investments, Inc., to increase City participation in storm
drain improvements by $6,000; and to reduce the developer's
share of engineering costs, for a new cost to the developer
of Tract 11086 of $98,584.
-5- 12/10/80
5. APPROVAL OF FINAL PROJECT AGREEMENT FOR MULTI -MODAL
TERMINAL (STATE OF CALIFORNIA)
(38) Written Communications:
(88) Report dated December 10, 1980, from Pamela Hallan,
Administrative Assistant, forwarding the Final Project
Agreement for Multi -Modal Terminal between the City and
the State of California.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 80-12-10-2, APPROVAL OF
FINAL PROJECT AGREEMENT - MULTI -MODAL
' EFCN1NAL - A AhbULU'1'r ULN Ur lnr, �.ilr �vui�.iL
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE FINAL PROJECT AGREEMENT FOR THE MULTI-
MODAL TERMINAL
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
6. APPROVAL OF PROJECT
FOR SB620 FUNDS FOR VAN
(41) Written Communications:
(62) Report dated December 10, 1980, from Pamela Hallan,
Administrative Assistant, forwarding the Agreement between
the City and the State of California for Senate Bill 620
Discretionary Fund for Special Public Transportation
Needs, Fiscal Year 1979-80.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried to approve the Agreement
for a grant of $15,000. Staff was directed to advise the
State why the van had been previously purchased. The
Mayor and City Clerk were authorized to execute the
Agreement on behalf of the City.
CONSENT CALENDAR
It was moved by
Friess that the
following items
carried by the
AYES:
NOES:
Councilman Schwartze,
staff recommendations
listed on the Consent
following vote:
seconded by Councilman
be accepted for the
Calendar. The motion
Councilmen Friess, Schwartze, Bland,
Buchheim and Mayor Hausdorfer
None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated December
Register No. 81-062, in the total
was approved as submitted.
S.
10, 1980, Warrant
amount of $624,375.24,
12/10/80
121
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF NOVEMBER 30, 1980
(41) The City Treasurer's Report of Investments as of November 30,
1980, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
AS OF NOVEMBER 30, 1980
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of November 30, 1980, was approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF NOVEMBER 30, 1980
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the period ending November 30, 1980, will be scheduled
for approval on January 6, 1981.
5. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT,
VALLE ROAD SEWER, PHASE I (MALLOY, INC.)
(38) The following Resolution was adopted:
(80)
RESOLUTION NO. 80-12-10-3 - COMPLETION OF
VALLE ROAD SEWER, PHASE I - 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 THE VALLE ROAD SEWER,
PHASE I
6. AWARD OF CONTRACT - VILLA CLARA STORM DRAIN EXTENSION
(38) The low bid was accepted from Cappello Construction Company
(80) of San Juan Capistrano, in the amount of $12,300 for the
Villa Clara Storm Drain Extension; and, a transfer of funds
from the contingency reserve to the General Fund was
authorized. The project is an emergency measure to prevent
silt buildup.
7. AWARD OF CONTRACT - AGRICULTURAL FENCING (BATHGATE)
(38) The low bid was accepted from Armor Fence Company of San
(68) Juan Capistrano, in the amount of $15,663, for agricultural
fencing along Camino Capistrano near Junipero Serra Road.
Expenditure of funds was authorized from the Agricultural
Preservation Fund, for the purpose of protecting crops from
.trespass.
8. HEARING DATE FOR APPEAL OF ZONE VARINCE 80-19,
SAN JUAN PLAZA NORTH ENTRY SIGN (WINEBRIGHT)
(92) A Public Hearing was set for January 6, 1981, on the appeal
submitted by Chester M. Winebright, of the decision made by
the Planning Commission on November 25, 1980, in connection
with the north entry sign for San Juan Plaza, as set forth
in the report dated December 10, 1980, from the City Clerk.
APPROVAL OF FINAL TRACT MAP 9786, SAN JUAN CREEK ROAD
(PATRICK DEVELOPMENT)
(38) Written Communications:
(85) Report dated December 10, 1980, from the Director of Public
Works advising that all Planning Commission conditions of
approval have been met, all required fees paid, and that
the Map is in conformance with Article 2, Chapter 2, of the
Subdivision Map Act.
-7- 12/10/80
122
Dennis Haehn, member of the Traffic and Transportation
Commission, requested consideration of widening and extension
of Via Andorra through San Juan Terrace to the Black Mountain
Villas development for access purposes.
Tim Kruer, developer, advised that Lot B is shown on the
Map for dedication to the City; that an access road will be
constructed through the rear portion of the Black Mountain
tract; and, that Via Andorra will be open as a pedestrian
access to Four Oaks Park.
Council advised that options were not available to amend
the Map.
Approval of Final Map:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim to approve the Final Map for Tract 9786 with the
determination that the Map is consistent with the General
Plan and in substantial compliance with the approved
tentative map. The Mayor and City Clerk were authorized to
execute the Subdivision Agreement on behalf of the City;
and, recordation of the Agreement was authorized.
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze,
Buchheim and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Bland
ABSENT: None
ADMINISTRATIVE ITEMS
CITY CLERK
1. STATUTORY AMENDMENTS TO THE RALPH M. BROWN ACT
EFFECTIVE JANUARY 1, 1981
(51) Written Communications:
(31) Report dated December 10, 1980, from the City Clerk outlining
the effects on the City organization of changes to the
Ralph M. Brown Act, effective January 1, 1981, referring
mainly to Executive Sessions and Public Records. The
report was ordered received and filed.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. GRADING PLAN, SINGLE-FAMILY HOME - EASTERN CITY LIMITS/
SOUTH OF TRABUCO ROAD (VANGALIS)
(25) Written Communications:
(68) Report dated December 10, 1980, from the Director of
Community Planning and Development forwarding a grading
plan and current proposal to build a single -story home on
the property. Staff found the project to be exempt from
the Hillside Management District Overlay and the Development
Guidelines for Hillside Custom Homes. The project is in
compliance with the development standards of the Land Use
Code.
Applicant:
Dan Vangalis
P. O. Box 849
San Juan Capistrano
W -M
12/10/80
123
Approval of Grading Plan:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to approve the release of
the Vangalis grading plan for plan check to the Building
and Safety Division subject to the following conditions:
1. The maximum building height for the house
shall be 18 feet.
2. The house location shall be moved 20 feet
to the southwest.
3. A landscape plan shall be prepared for the
entire building site.
Additional action was taken later in the meeting.
DIRECTOR OF PUBLIC WORKS
1. APPROVAL OF PROPOSED SERRA TREATMENT PLANT SLUDGE
PROCESSING STUDY
(79) Written Communications:
Report dated December 10, 1980, from the Director of Public
Works requesting approval to continue the SERRA Sludge
Processing Study.
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to approve the continuance
of the study by SERRA staff to determine all feasible
sludge handling alternatives and authorize the City's SERRA
representative to support a six-month extension to the
Golden West Fertilizer Company agreement.
2. STATUS OF FINAL MAP, TENTATIVE TRACT 9784,
CAMINO LAS RAMBLAS (MISBIN
(85) Written Communications:
Report dated December 10, 1980, from the Director of Public
Works forwarding correspondence from the developer outlining
the conditions and time frames within which they could
process the final map for approval.
Jere McDonald, 15815 Rio Florida, Whittier, President,
Longbar Grinding, Inc., advised that a verbal agreement had
been reached with the Meredith Canyon Homeowners Association
and that the following documents had been delivered to the
City this date:
a. Grant Deed conditioned upon City approval of
Final Map and deposit of required fees prior to
recordation of the Deed.
b. Agreement to enter the Meredith Canyon property.
Mr. McDonald stated that the bonds have not been posted and
requested that Council approve the Final Map with posting
of the necessary surety to be approved by the Director of
Public Works.
Conditional Approval of Final Map:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to approve the Final Map for
Tentative Tract 9784 subject to the satisfaction of all
outstanding requirements as contained in City Council
Resolution No. 78-6-21-1 and specifically Condition 16(e),
Acquisition of Right -of -Way to the extension of Calle
Miramar, and Condition 26, Payment of Fees and Posting of
Surety.
-9- 12/10/80
124 '
COUNCIL REMARKS
1. IN APPRECIATION
(36) Councilman Buchheim expressed appreciation to staff and
Council for their efforts on behalf of the City during the
past year.
2. TRAFFIC - I-5 FREEWAY/ORTEGA HIGHWAY
(87) Councilman Bland cited a memorandum dated September 4,
1980, from the Traffic Engineer advising that CalTrans will
complete a feasibility study of the I-5 Freeway/Ortega
Highway area in February. Mr. Bland suggested that
consideration be given to dual left turn lanes from the
Ortega Highway onto the northbound on-ramp.
3. DISTRIBUTION OF WATER -SAVING DEVICES -
(94) Councilman Bland cited an excerpt from the October 22nd
meeting of the Municipal Water District of Orange County
regarding Senate Bill 201 relating to the acquisition and
distribution of household water conservation devices and
instructional material via school children in grades K
through 8.
Council requested that the City Manager clarify the proposed
distribution process due to the number of residents who
would not receive the devices if distributed in this
manner.
4. NEIGHBORHOOD WATCH PROGRAM - COMMENDATION
(70) Councilman Friess commended Sheriff's Captain Dennis La Ducer
for the extent of the Neighborhood Watch Program.
5. LA NOVIA BRIDGE BIKE TRAIL
(62) Councilman Friess noted that during recent construction the
bike trail in the vicinity of the La Novia Bridge had been
obliterated. Council concurred that the trail should be
replaced and the area cleaned.
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried that the Director of
Public Works be authorized to proceed with implementation
of a bike trail fence in an amount not to exceed $3,000.
The fence is for the purpose of protecting bike riders on
the bridge sidewalk and would be placed adjacent to the
curb at the same height as the bridge rail.
6. SPHERE OF INFLUENCE - LOCAL AGENCY FORMATION COMMISSION
(21) Councilman Schwartze advised that both the City and
Waterworks District Spheres of Influence will be considered
by LAFCO during February 1981. Mr. Schwartze recommended
that both the City Council and Water Board prepare staff
reports and that elected representatives attend the LAFCO
meetings.
7. AD HOC CABLE TELEVISION COMMITTEE
(23) Councilman Schwartze noted that Storer Cable Television was
out of service on December 9th.
-10- 12/10/80
125
CHANGE OF COUNCIL MEETING DAY
(32) Mayor Hausdorfer requested consideration of a Resolution
changing the days of City Council meetings from the first
and third Wednesday of each month to the first and third
Tuesday of each month, effective January 6, 1981.
It was moved by Councilman Schwartze, seconded by Councilman
Bland that the following Resolution be adopted:
RESOLUTION NO. 80-12-10-4, ESTABLISHING
TIME AND PLACE OF CITY COUNCIL MEETINGS -
FIRST AND THIRD TUESDAYS - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, FIXING THE
TIME AND PLACE FOR ITS MEETINGS
The motion carried by the following vote
AYES: Councilmen Friess, Schwartze, Bland,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
POLICYONCONTINUANCE OF PUBLIC HEARINGS BY
COMMISSIONS AND BOARDS
(69) Mayor Hausdorfer cited a memorandum dated December 10,
(23) 1980, from the Assistant to the City Manager.
Approval of Amendment to Council Policv Statement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to add a second paragraph
to the Council Policy Statement on continuances, the policy
statement to read as follows:
"It is a policy of the City Council that Commissions
and Boards shall be prepared to promptly deal with all
matters that come before them for consideration. No
item shall be continued more than once before it is
forwarded to the City Council for their consideration
with a recommendation for approval or denial. If a
Commission or Board has not had adequate time or has
not had sufficient information to come to a decision
on an issue after one continuance, the Commission or
Board shall forward the matter to the City Council
nonetheless. The Council will then make the final
determination based on the information available.
Furthermore, all public hearings are noticed as
required by law, and therefore, public hearings held
by Commissions and Boards shall not be continued
simply because of poor attendance or lack of public
input at a noticed hearing."
Council noted that the above is a policy only and
would not necessarily apply to instances of special
circumstances.
10. RESIGNATION OF PLANNING COMMISSIONER (MICHAEL
(23) Mayor Hausdorfer cited a letter from Michael W. Berns
submitting his resignation from the Planning Commission,
effective December 6, 1980.
-11- 12/10/80
Acceptance of Resignation:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to accept the resignation
with regret. Staff was directed to prepare a Resolution of
Commendation for submittal at the next Council meeting, to
advertise the Commission opening, and to post appropriate
vacancy notices.
ADDITIONAL ACTION
1. GRADING PLAN, SINGLE-FAMILY HOME - EASTERN CITY LIMITS/
SOUTH OF TRABUCO ROAD (VANGALIS)
(25) Dan Vangalis, applicant, addressed the Council to request
(68) further consideration of the conditions of grading plan
approval, specifically the building height limit of 18 feet.
Mr. Vangalis proposed that the corner of the building pad
visable from the valley and Village San Juan be lowered an
additional 2 feet, that the berm be raised 2 feet, and that
a landscaping plan be submitted prior to construction to
indicate the effects of the landscape screening.
Amendment ofApproval of Grading Plan:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to amend the approval of
the Vangalis Grading Plan to include the stipulations of the
applicant in relation to landscaping, lowering of the building
pad and additional height of the berm; further, that the
building height of 24 feet be allowed.
2. MULTI -MODAL TRANSPORTATION PROJECT - CONCEPT PLAN
HUSBY DIMAIO
(88) The City Manager advised a meeting had been held with the
proponents of the commercial building to be constructed over
the parking area of the proposed Multi -Modal Transportation
Terminal. Certain misunderstandings had arisen relating to
the number of parking spaces in and outside of the project
area and the amount of allowable square footage of commercial
floor space indicated in the concept plan.
Council concurred that the matter be scheduled for the City
Council meeting of January 6, 1981, for a report from staff.
EXECUTIVE SESSION
The Council recessed to Executive Session for discussion of legal
and personnel matters at 8:25 P.M., the City Clerk being excused
therefrom, and reconvened at 9:15 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:15 P.M., to the next regular meeting date of
Wednesday, December 17, 1980, at 7:00 P.M., in the City Council
Chamber.
ATTEST:
Respectfully submitted,
MARY ANN ANOVER, CITY CLERK