81-0609_CC_Minutes_Regular MeetingJUNE 9, 1981
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
283
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Schwartze at
7:02 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman
Kenneth E. Friess.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Lawrence F. Buchheim, Mayor pro tem
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, 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.
MINUTES
Adjourned Regular Meeting of May 28, 1981
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland that the Minutes of the Adjourned Regular Meeting of May 28,
1981, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Friess that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION OF APPRECIATION - JOHN C. GIBSON, CITY TREASURER
(36) Written Communications:
(41) (1) Report dated June 9, 1981, from the Assistant to the
City Manager.
Adoption of Resolution:
Mayor Schwartze read the Resolution in full, which commends
John C. Gibson for his service as City Treasurer since his
appointment on June 16, 1976. It was moved by Councilman
Hausdorfer, seconded by Councilman Friess to adopt the
following Resolution:
RESOLUTION NO. 81-6-9-1, COMMENDING JOHN C. GIBSON -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING JOHN C. GIBSON,
CITY TREASURER
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The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
The Resolution was presented to Mr. Gibson with appreciation.
2. PROCLAMATION - CHAMBER OF COMMERCE, 25TH ANNI
(29) Mayor Schwartze proclaimed the week of June 21 through 27,
(36) 1981, Chamber of Commerce Week in honor of their 25th
Anniversary and presented the Proclamation to Chamber
President, Lou Costea.
WRITTEN COMMUNICATIONS
1. REQUEST FOR FUNDS, FISCAL YEAR 1981-82 (LAGUNA BEACH
VnTTTTi C"WT,MT V%
(61) Letter dated May 27, 1981, from Julie Pozzetta, Program
(76) Director, Laguna Beach Youth Shelter, 508 St. Ann's Drive,
Laguna Beach 92651, requesting funding in the amount of
$2,800.
Referral to Staff:
With Council concurrence, Mayor Schwartze referred the
request to the Director of Administrative Services for
consideration during budget discussions.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim 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, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated June 9, 1981, Warrants Register
No. 81-122, in the total amount of $46,883.90, was approved
as submitted.
2. APPROVAL OF CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of May, 1981,
in the total amount of $10,049,410.62, was approved as
submitted.
3. APPROVAL OF CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of May 31, 1981, was approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Report of Fund Cash Balances as of May,
1981, with the total amount of investments of $10,049,410.62,
was approved as submitted.
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285
5. ACCEPTANCE OF IRREVOCABLE OFFERS OF STREET, STORM DRAIN AND
SEWER EASEMENTS - PARCEL MAP 79-857 (ORTEGA INDUSTRIAL PARK)
(73) An irrevocable offer for street and storm drain easements
(85) made on Parcel Map 79-857 was accepted for recording by
adoption of the following Resolution:
RESOLUTION NO. 81-6-9-2, ACCEPTANCE OF IRREVOCABLE
OFFERS - PARCEL MAP 79-857 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING IRREVOCABLE OFFERS FOR STREET
AND STORM DRAIN EASEMENTS OFFERED ON PARCEL MAP 79857
ORDINANCES
1. PROPOSED AMENDMENT TO TITLE 2, SECTION 2-2.902(g),
MOBILE HOME PARK RENT MEASURE FORMULAS
(23) Written Communications:
(55) (1) Report dated June 9, 1981, from the City Clerk advising
that the Ordinance was regularly introduced at the
Council meeting of June 2, 1981, and is scheduled for
adoption.
(35) The City Attorney advised that the Mobile Home Park Review
Committee had re -affirmed the rent increase formulas, but
had requested clarification of the Consumer Price Index for
all urban areas. In addition, a Court hearing is scheduled
for June 24, on the Complaint filed by the owners of the
Rancho del Avion Mobile Home Park.
Gerald Gibbs, Attorney at Law, 110 East Avenida Palizada,
San Clemente, addressed the Council on behalf of the residents
of Rancho del Avion and advised that a request for a Restrain-
ing Order will be filed shortly. Mr. Gibbs cited concern
with the proposed Park status change from family to all -
adult and requested that staff be directed to review the
potential of zoning ordinances to preclude such status
changes.
Referral to Staff:
With the concurrence of Council, Mayor Schwartze requested a
report on July 7th from the Director of Community Planning
and Development and City Attorney of the terms of the orig-
inal Mobile Home Park Land Use Permit and on Mr. Gibbs'
request for a review of zoning mechanisims.
Re -introduction 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 Hausdorfer
seconded by Councilman Buchheim that the following Ordinance
be re -introduced with modifications to the increase formulas
contained in Section 2-2.902(g):
ORDINANCE NO. 425, MOBILE HOME PARK REVIEW COMMITTEE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ARTICLE 9, CHAPTER 2, TITLE 2,
SECTION 2-2.902(g), OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
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2 86
2. ORDINANCE NO. 424 - LEVYING OF DEVELOPMENT FEES -
SENATE BILL 201
(55) Written Communications:
(78) (1) Report dated June 9, 1981, from the City Clerk advising
that the Ordinance was regularly introduced at the
Council meeting of June 2, 1981, 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 Hausdorfer that the following Ordinance
be adopted: -
ORDINANCE NO. 424, IMPOSING CERTAIN FEES FOR
11V11. iC 11.1 JI nVVL lHl.,1L 1'1'12';) - tN VAU1N1!iNt Z U1'
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING ARTICLE 5 TO CHAPTER 2, TITLE 9 OF THE
MUNICIPAL CODE OF THE CITY OF SAN JUAN CAPISTRANO,
IMPOSING CERTAIN FEES TO BE USED TO PROVIDE
INTERIM SCHOOL FACILITIES TO RELIEVE CONDITIONS
OF OVERCROWDING
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
Exemptions:
The following subparagraph (b) was added to Section 9-2.504
of the adopted Ordinance:
"This Article shall not be applicable to those projects
where building plans have been accepted for plan check
by the Building and Safety Division of the Public Works
Department prior to the effective date of this Article
(July 9, 1981)."
Mayor Schwartze suggested that the final 1980 Census figures
be used in any necessary future amendments to the Ordinance.
Notification to Developers:
Council concurred that the City Clerk be directed to provide
a copy of Ordinance 424 to all known developers who would be
affected by its provisions, prior to the effective date of
July 9, 1981.
RESOLUTIONS
1. AUTHORIZING SIGNATURES - CITY SAFE DEPOSIT BOX
(41) Written Communications
(1) Report dated June 9, 1981, from the City Clerk requesting
adoption of a Resolution authorizing entry to the City
Safe Deposit Box.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim that the following Resolution be adopted:
RESOLUTION NO. 81-6-9-3, CITY SAFE DEPOSIT BOX -
AUTHORIZING SIGNATURES - A RESOLUTION OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
A SAFE DEPOSIT BOX WITH THE SAN JUAN CAPISTRANO
BRANCH OF CALIFORNIA FIRST BANK, AND AUTHORIZING
SIGNATURES THEREFORE, AND REPEALING RESOLUTION
NO. 78-4-19-2, EFFECTIVE JUNE 15, 1981
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287
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
The Resolution establishes Stephen B. Julian, City Manager,
or E. Phillip Hale, Assistant City Manager, or John C.
Gibson, City Treasurer, as officers of the City who are
authorized to add or withdraw items of value from said
safety deposit box with California First Bank. The Resolution
is effective June 15, 1981, concurrent with the appointment
of Mr. Julian.
ADMINISTRATIVE ITEMS
CITY CLERK
1. PROPOSED SUBMITTAL OF BALLOT MEASURE -
AGRICULTURAL PRESERVATION
(40) Written Communications:
(68) (1) Report dated June 9, 1981, from the City Clerk out-
lining various factors involved in the proposed sub-
mittal of a November 3rd ballot measure relating to
purchase of 230 acres of agricultural land, as re-
quested by Council on June 2.
Council Discussion:
Mayor Schwartze cited a report received from Jim Thorpe,
agriculture consultant. There was a consensus of Council to
pursue the information contained in Mr. Thorpe's report and
to postpone consideration of a ballot measure. Mayor
Schwartze directed that the Report from the City Clerk be
received and filed.
Presentation:
Council concurred that Mr. Thorpe be requested to make a
presentation of methods for preserving agriculture at the
Council meeting of July 7, 1981.
ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
1. ADOPTION OF SECOND YEAR BUDGET, EXCEPTING CAPITAL OUTLAY
AND PERSONNEL ALLOCATIONS, FISCAL YEAR 1981-82
(24) Written Communications:
Report dated June 9, 1981, from the Director of Adminis-
trative Services, requesting authorization to make expend-
itures as set forth in the second year of the five year
1980-85 Budget Document.
Approval:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to approve the request to
authorize expenditures under the second year of the 1980-85
Budget Document adopted by Resolution No. 80-8-6-3, with the
provision that no capital project expenditures nor personnel
changes be made.
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DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. INITIATION OF GENERAL PLAN AMENDMENT, CIRCULATION ELEMENT
(COLINAS/I-5 FREEWAY LINKAGE)
(46) Written Communications:
(87) (1) Report dated June 9, 1981, from the Director of Com -
(35) munity Planning and Development regarding an arterial
link between Street of the Golden Lantern and the
Interstate 5 Freeway, pursuant to the Las Colinas
settlement agreement, and independent of the on-going
alignment studies for Junipero Serra Road. The pro-
posed General Plan Amendment would designate the
arterial roadway in the County area to the western City
limits and designate a study area for completing the
design of the linkage within the City.
Don Hanna, representing the Pueblo Serra Project, addressed
the Council in support of Alignment No. 7 for Junipero Serra
Road as the most favorable Trabuco crossing point and to
serve both the Clubhouse Drive and Alipaz Street extensions.
Initiation of General Plan Amendment:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to initiate an Amendment
to the Circulation Element of the General Plan to provide
for future linkage studies to tie the Las Colinas arterial
into the City's circulation system.
DIRECTOR OF PUBLIC WORKS
1. STREET LIGHTING OF TRAFFIC SIGNALS ON ORTEGA HIGHWAY,
ASSESSMENT DISTRICT 78-3 (ORTEGA PROPERTIES)
(74) Written Communications:
(82) (1) Report dated June 9, 1981, from the Director of
(44) Public Works advising of the installation of high
pressure sodium street lights on Ortega Highway within
the Ortega Properties Assessment District 78-3 by the
State Department of Transportation. The lighting is in
conjunction with installation of CalTrans-owned traffic
signals at Rancho Viejo Road and La Novia Avenue. Use
of sodium vapor street lighting does not conform to
stated City policy.
With the concurrence of Council, Mayor Schwartze ordered
the report received and filed and requested that a
letter be prepared addressed to Governor Brown with
copies to the Director of CalTrans, District 7, and
legislators citing the City's concerns with the State's
lack of regard for local policies.
2. REQUEST FOR WAIVER OF CONDITION OF SITE PLAN (CALIFORNIA
FIRST BANK)
(67) Written Communications:
(1) Report dated June 9, 1981, from the Director of Public
Works.
(2) Letter dated May 28, 1981, from California First Bank,
P. O. Box 1311, San Diego 92112, requesting that the
requirement to improve the wheelchair ramp at the
corner of Del Obispo Street and Camino Capistrano be
deleted as a condition of the site plan improvements
which were approved by the City Council on October 1,
1980.
Denial of Request:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to deny the request for
deletion of wheelchair ramp improvements, with the condition
that the matter be reconsidered upon receipt of information
supporting the bank's request; staff is to continue to work
with the bank representatives to resolve the matter.
COMMISSIONS. BOARDS, COMMITTEES
1. MOBILE HOME PARK REVIEW COMMITTEE
This item was discussed earlier in the meeting.
2. REVIEW OF COMMISSION AND BOARD MEMBER APPOINTMENTS
(23) With Council concurrence, Mayor Schwartze ordered the review
re -scheduled for the meeting of July 7, 1981.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. COMMENDATIONS - SHOPPING PLAZA ACCESS
(36) Councilman Friess cited a memorandum from Senior Planner
Larry Lawrence and commended his efforts in negotiating an
access way between Von's Plaza and San Juan Plaza.
2. COMMENDATIONS - RECREATION
(36) Councilman Friess commended the Director of Recreation for
the Summer Recreation Program and commended those involved
in the May 30th 10-K Run.
3. APPROVAL OF PROPOSED ANNEXATION (COAST BIBLE CHURCH
(21) Councilman Hausdorfer cited a June 4, 1981, memorandum from
the Director of Community Planning and Development regarding
the proposed annexation of the Coast Bible Church area at
the north end of the City.
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve the contents
of the memorandum.
4. CIVIC CENTER
(34) Councilman Bland requested replacement of the flag outside
of City Hall and requested an off -agenda report regarding
the size of collection bins for the recycling operation.
5. TRAFFIC CONDITIONS
(87) Councilman Bland requested Traffic and Transportation Com-
mission review of No Right Turn on Red signs at the inter-
section of Camino Capistrano and Del Obispo Street, if not
previously studied.
Councilman Bland requested that the Director of Public Works
follow up on the proposed double left turn lane at the
Ortega Highway freeway ramp.
6. SIDEWALKS
(81) Councilman Bland requested review of the sidewalk cuts on
Calle Aspero made in conjunction with Pacific Telephone
Company repair work.
7. PARKING - EL CAMINO REAL
(64) Councilman Buchheim suggested installation of courtesy,
residential -only parking on E1 Camino Real behind the
Capistrano High School site. There was a concurrence of
Council that the City Manager contact the School District to
suggest that student parking be provided on grass areas to
avoid street parking.
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8. FIRE STATION BEAUTIFICATION (SAN JUAN BEAUTIFUL)
(42) Councilman Buchheim advised that San Juan Beautiful had
(61) purchased a $700 jacaranda tree for installation at the Del
Obispo Street Fire Station, as previously agreed to by the
Department. The organization was recently advised that they
would not be allowed to plant the tree. The City Manager
noted that he had discussed the matter with Chief Holmes and
that the Fire Department is attempting to find a location
for the tree.
9. LEAGUE OF CALIFORNIA CITIES, ORANGE COUNTY DIVISION
(45) Waste Management Steering Committee:
(61) There was a concurrence of Council that names of Councilmen
Buchheim and Friess be submitted for nomination to the
Steering Committee as Member and Alternate, respectively.
Councilman Bland will offer the names for consideration at
the June 18 League meeting.
10. STORER CABLE TELEVISION SERVICE
(43) Mayor Schwartze noted that the system was inoperative for an
extended period on June 6.
11. COORDINATION OF COOK PARK EQUESTRIAN AREA PROCESSING
(62) It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve provisions of
the memorandum dated June 9, 1981, from the Director of
Community Planning and Development, including the following
schedule:
(1) Requirement to obtain a Conditional Use Permit to be
included in the lease provisions formulated by the
Equestrian Commission;
(2) City Council approval of the lease;
(3) Planning Commission Public Hearings on a Conditional
Use Permit for the current stable operations;
(4) Application for a Conditional Use Permit by the oper-
ator who is awarded the lease, with concurrent input
from the Parks and Recreation Commission.
12. INITIATION OF MUNICIPAL CODE AMENDMENT (CUSTOM HOMES
(55) It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to direct staff to pre-
pare an amendment to the Municipal Code to regulate exterior
colors and light reflection for custom homes, and to schedule
Public Hearings before the Planning Commission. —
CLOSED SESSION
Council adjourned to Closed Session at 8:38 P.M. for discussion
of personnel matters, the City Clerk being excused therefrom, and
reconvened at 9:41 P.M.
COUNCIL ACTIONS
1. APPROVAL OF MEMORANDUM OF UNDERSTANDING, FISCAL
YEAR 1981-82 (SAN JUAN CAPISTRANO EMPLOYEES ASSOCIATION)
(66) It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to authorize the Mayor to
sign the draft Memorandum of Understanding providing for a
compensation increase of 9.7% and increased medical and
dental benefits.
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2. PERSONNEL - AGREEMENT FOR CONSULTANT SERVICES
(66) It was moved by Councilman Hausdorfer, seconded by Council-
man Friess and unanimously carried to direct the City Manager
to arrange a working seminar with Dr. David Hartl and
Robert D. Mickelsen, pursuant to a letter of June 9, and at
a date convenient to those participants involved, i.e., City
Council, Commission Members, Department Heads.
3. CITY MANAGER - APPROVAL OF APPOINTMENT
(33) Agreement for Services:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to approve the Agreement
dated June 9, 1981, between the City and Stephen B. Julian
for services as City Manager, effective June 15, 1981.
Approval of Salary and Automobile Allowance:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION 81-6-9-4, ESTABLISHING A SALARY AND
AUTOMOBILE ALLOWANCE FOR THE CITY MANAGER - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
A SALARY AND AUTOMOBILE ALLOWANCE FOR THE CITY
MANAGER
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
The Resolution establishes an annual salary of $48,000 and a
monthly automobile allowance of $300.
4. MOULTON NIGUEL WATER DISTRICT/COLINAS DE CAPISTRANO
(68) It was moved by Councilman Friess, seconded by Councilman
(94) Hausdorfer and unanimously carried to authorize the Director
of Community Planning and Development to approve plans for a
district water tank and to work with Shea Homes to mitigate
feasible effects.
5. LA NOVIA CIRCULATION STUDY
(56) The following personnel were appointed to a study committee
(87) to present the City's position on circulation plans for La
Novia Avenue at the County Planning Commission meeting on
June 23: Councilman Friess, Planning Commission Chairman,
Traffic and Transportation Commission Chairman, City Manager,
Director of Public Works, and Director of Community Planning
and Development.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:50 P.M. to the next regular meeting date of
Tuesday, June 16, 1981, at 7:00 P.M., in the City Council Chamber.
Respectfully submitted,
MARY ANN FPNOVER, tITY CLERK{'
ATTEST:
(v0f
PHILLIP R. SCHWARTZE, MAYO
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NOTICE OF ADJOURNMENT OF MEETING OF
THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN that at the Regular Meeting of the
City Council of the City of San Juan Capistrano, due to lack of
quorum of said Council, the undersigned City Clerk thereupon
declared said meeting adjourned to Tuesday, July 7, 1981, at
7:00 P.M., in the Council Chamber of City Hall, 32400 Paseo
Adelanto, San Juan Capistrano, California.
DATED: June 16, 1981
MARY ANN HJ OVER, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, Mary Ann Hanover, City Clerk of the City of San Juan
Capistrano, do hereby certify that the above Notice was posted
at or near the door of the Council Chamber and at the San Juan
Hot Springs Dance Hall, at 7:18 P.M., June 16, 1981.
MARY ANN OVER, City Clerk