81-0721_CC_Minutes_Regular Meeting313
JULY 21, 1981
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 Schwartze at
7:12 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Michael
Carlisle, Capistrano Valley Baptist Church.
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: Stephen B. Julian, 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
Regular Meeting of July 7, 1981
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of July 7, 1981,
be approved with the following correction to the last paragraph,
Page 13:
Amend "...a 6.5 -acre housing site..." to read "...a 1.53 -acre
housing site..."
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
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MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, 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. COMMENDATION - AUSTIN DODGE, MOBILE HOME PARK REVIEW
COMMITTEE MEMBER
(23) Mayor Schwartze presented a Certificate of Commendation to
(36) Austin Dodge for his service on the Mobile Home Park Review
Committee from March 7, 1979, to July 7, 1981.
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314
2. AGRICULTURAL PRESERVATION REPORT (THORPE
(68) Dr. James Thorpe, Consultant to the City for Agricultural
Preservation Programs, made an oral status report and presented
recommendations for Council consideration. Council expressed
appreciation for Dr. Thorpe's efforts on behalf of the City.
It was moved by Councilman Hausdorfer, seconded by Council-
man Friess and unanimously carried that the City continue to
retain Dr. Thorpe's services and that the following recommenda-
tions be accepted:
(1) That Members of the City Council and staff meet with
representatives of the California Coastal Conservancy
within 30 days;
(2) That representatives of the Community Facility Loans
and Grants Program through the Soil Conservancy of the
Department of Agriculture be contacted;
(3) That the City and consultant continue to work with the
Trust for Public Lands and the American Farmland Trust
to explore available alternatives.
ORAL COMMUNICATIONS
1. REQUEST FOR IMPROVEMENTS AND ENFORCEMENT, TRACT 8460
(CAPTAIN'S HILL)
(61) Larry Streelman, 25701 Windjammer Drive, President, Captain's
(85) Hill Homeowners Association, requested consideration of the
following items: alleviation of drainage concerns due to
recent fire damages; construction of a 2 -foot water retaining
wall north of Windjammer Drive and Spinnaker Drive; extension
of and improvements to the recently red -painted curbs;
increased traffic enforcement.
The City Manager advised that the Fire Department will have
the slope reseeded and that the Public Works Department is
checking the storm drains in the area; efforts are being
made to post the hillside area to prohibit unauthorized
motorcycle traffic. There was a concurrence of Council that
staff provide a cost estimate and report on the request for
installation of a water retaining wall; that the red curbing
be improved; and, that traffic enforcement be increased.
WRITTEN COMMUNICATIONS
1. REOUEST FOR RE -LOCATION OF AIR AND HEATING
WELLS -
(76) Letter dated June 25, 1981, from 11 members of the Casitas
(85) Capistrano No. II Homeowners Association requesting relocation -
of equipment wells for housing air and heating equipment at
the proposed Pueblo Serra building project.
With the concurrence of Council, Mayor Schwartze directed
that the letter be considered during the Public Hearing to
be scheduled for August 4, 1981.
2. REQUEST FOR IDENTIFICATION OF 7.8 ACRE SCHOOL SITE IN LIEU
OF PAYMENT OF REQUIRED FEES (AROSA DEVELOPMENT - FORSTER
CANYON PLANNED COMMUNITY)
(78) Letter dated June 30, 1981, from Gordon G. Getchel, Principal,
(85) RKG Associates, 23052 Lake Forest Drive, Suite E1, Laguna
Hills 92653, requesting affirmation that the 7.8 acre school
site in the Forster Canyon Planned Community is acceptable
in lieu of payment of required Senate Bill 201 developer
fees. The letter references the recently adopted Ordinance
No. 424.
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315
With the concurrence of Council, Mayor Schwartze referred
the request to the Director of Community Planning and Development
for submittal of a report on August 4, 1981.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland 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 July 21, 1981, Warrants Register
No. 82-012, in the total amount of $62,533.95, and Warrants
Register No. 82-013, in the total amount of $1,120,051.21,
were approved as submitted.
2. APPROVAL OF CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of June, 1981,
in the total amount of $9,969,474.01, 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 July 21, 1981, in the total amount of $599.83, 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
June, 1981, is to be submitted August 4, 1981.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JUNE 15, 1981
(23) The report dated July 21, 1981, from the Secretary of the
Equestrian Commission regarding actions taken by the Equestrian
Commission at the adjourned regular meeting of July 15,
1981, was ordered received and filed.
6. RELEASE OF GRADING BONDS, TRACT 9299, DEL OBISPO STREET
(RANCHO SAN JUAN ESTATES)
(38) As set forth in the report dated July 21, 1981, from the
(49) Director of Public Works, release of the following Grading
(85) Bond was authorized:
Bond No. SBLA 96423, held by Bank of America, in the
amount of $29,380.00.
7. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
CALL FOR BIDS - PASEO DE LA PAZ STORM DRAIN
(80) As set forth in the report dated July 21, 1981, from the
Director of Public Works, the plans and specifications for
construction of the Paseo de la Paz Storm Drain were approved
and staff was authorized to advertise for bids. An agreement
with the Homeowners establishing cooperative funding with a
city limit of $72,000 is to be considered at the Council
meeting of August 4, 1981.
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316
8. RESOLUTION CONFIRMING 1981 ASSESSMENT CHARGES - ASSESSMENT
DISTRICT 78-3, ORTEGA PROPERTIES
(74) As set forth in the report dated July 21, 1981, from the
Director of Public Works, the following Resolution directing
the County Auditor to place the charges for Assessment
District 78-3 on the 1981-82 tax rolls, was adopted:
RESOLUTION NO. 81-7-21-2, CONFIRMING 1981-82
ORTEGA PROPERTIES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING 1981-82 ASSESSMENT CHARGES -
ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES
The City Clerk was directed to forward the Resolution to the
County Auditor.
9. INITIATION OF ANNEXATION AND PRE -ZONING OF COAST BIBLE
CHURCH PROPERTY
(21) As set forth in the report dated July 21, 1981, from the
Director of Community Planning and Development, consider-
ation of a prezone to IP (Public and Institutional) for the
Coast Bible Church located south of Via Escolar, was
initiated. Annexation proceedings were initiated for Assessor's
Parcel No. 650-011-25, Coast Bible Church, by adoption of
the following Resolution:
RESOLUTION NO. 81-7-21-3, APPLICATION FOR
ANNEXATION (COAST BIBLE CHURCH) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, MAKING APPLICATION TO
THE LOCAL AGENCY FORMATION COMMISSION FOR THE
ANNEXATION OF TERRITORY ADJACENT TO THE NORTH
BOUNDARY OF THE CITY (IDENTIFIED AS COAST BIBLE
CHURCH)
Pursuant to the Resolution, the City agrees to accept the
exchange of property tax revenue for the Coast Bible Church
annexation in accordance with the Master Property Tax
Agreement. A certified copy of the Resolution is to be
forwarded to the Local Agency Formation Commission (LAFCO).
10. PARKWAY TREE REMOVAL, VIA DEL CERRO (FENNELL)
(74) Due to safety factors and landscape concerns, Council con-
curred with the decision of the Tree Inspector to approve
the removal of three Brazilian pepper trees from the parkway
in front of 28031 Via del Cerro, as set forth in the report
dated July 21, 1981, from the Director of Community Planning
and Development.
11. HEARING DATE - APPEAL OF ARCHITECTURAL BOARD OF REVIEW
DECISION, A.C. 81-2 (OCEAN PACIFIC BUSINESS PARK)
(68) As set forth in the report dated July 21, 1981, from the
City Clerk, a Hearing was scheduled for the August 4, 1981,
Council meeting on the appeal filed by Mr. Nick O'Malley,
Attorney, in behalf of E. F. Grether, Jr., in conjunction
with the Architectural Board of Review approval of a
modification of A.C. 81-2 allowing construction of a building
35 feet in height.
APPROVAL OF CHANGE ORDER NO. 7 AND PROGRESS PAYMENT 13 - ORTEGA
PROPERTIES, ASSESSMENT DISTRICT 78-3 (CLARKE CONTRACTING)
This item was removed from the Consent Calendar for discussion.
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31'7
(38) Written Communications:
(74) (1) Report dated July 21, 1981, from the Director of Public
Works.
Tree Conditions:
Councilman Friess noted that several trees along the Ortega
Highway within the Assessment District appear to be dying
from lack of water. The Director of Public Works was
requested to check into the matter.
Approval of Change Order No. 7 and Progress Payment:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve Change Order
No. 7, which includes a cost increase of $19,886.96 and a
30 -day extension of time caused by delays in receipt of
electrical service to landscape irrigation controllers, and
Progress Payment 13 in the amount of $33,985.22.
RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - LANDSCAPE,
DRAINAGE AND IRRIGATION (ARROYO PARK) (CALIFORNIA LANDSCAPE)
This item was removed from the Consent Calendar for discussion.
(38) Written Communications:
(62) (1) Report dated July 21, 1981, from the Director of Public
Works, advising that planting and irrigation for Arroyo
Park are complete and ready for acceptance. Mr. Murphy
recommended withdrawal of the penalty clause, with
payment to be made in full.
Acceptance of Work:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 81-7-21-1, COMPLETION OF LANDSCAPING,
DRAINAGE AND IRRIGATION AT SDG&E PARK SITE (ARROYO
PARK) - 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 LANDSCAPING, DRAINAGE AND IRRIGATION AT SAN DIEGO
GAS & ELECTRIC RIGHT-OF-WAY PARK SITE (ARROYO PARK)
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
The Resolution accepts the project as complete and directs
the City Clerk to forward the Notice of Completion to the
County Recorder within 10 days.
Payment status is as follows:
Total Project Cost $28,486.22
Less 10% Retention 2,848.62
Total Due to Date 25,637.60
Previous Payments 24,287.60
Amount Due $ 1,350.00
The 10% retention is payable 35 days after recordation of
the Notice of Completion; staff is authorized to make the
payments as indicated.
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1981 LANDSCAPE MAINTENANCE CHARGES - LANDSCAPE MAINTENANCE
DISTRICTS 71
This item was held over to the meeting of August 4, 1981, to
provide an opportunity for comment from property owners. Notice
of the increased charges are to be posted at the main streets
within the Tracts.
PUBLIC HEARING DATE - APPEAL OF CONDITIONS NOS. 8 AND 16,
A.C. 80-3 (PUEBLO-SERRA PLANNED COMMUNITY)
(68) Written Communications:
(1) Report dated July 21, 1981, from the City Clerk.
It was moved by Councilman Hausdorfer, seconded by Council- _
man Bland that a Public Hearing on the appeal filed by
Mr. Lloyd E. Ross, in conjunction with the Architectural
Board of Review decision be scheduled for August 4, 1981, at
7:00 P.M. in the City Council Chamber. The motion carried by
the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
PUBLIC HEARINGS
1. APPROVAL OF TENTATIVE PARCEL MAP 81-854, AVENIDA PESCADOR
(MEREDITH CANYON COMMUNITY ASSOCIATION)
(85) Proposal:
Division of Lot C, Tract 8087, consisting of approximately
5.5 acres of land located on the south and east side of
Calle Miramar near Paseo del Este in Meredith Canyon, into
two lots as required by a condition of escrow between Longbar
Grinding Company and the Association.
Applicant:
Robert Devins, Meredith Canyon Community Association,
33506 Calle Miramar.
Written Communications:
Report dated July 21, 1981, from the Director of Community
Planning and Development.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
declared the Public Hearing open and the following persons
addressed the Council:
(1) Robert Devins, President, Meredith Canyon Community
Association, favored the staff recommendation of
approval with the exception of Condition 4 which states
that both parcels created by the Parcel Map shall be
identified as lettered parcels and designated as "Not a
Building Site" on the recorded Parcel Map. Mr. Devins
stated that the document of sale indicates that all
property deeded over would be maintained and landscaped
in perpetuity.
There being no further response, the Public Hearing was
closed.
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319
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim that the following Resolution be adopted:
RESOLUTION NO. 81-7-21-4, TENTATIVE PARCEL
MAP 81-854 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 81-854
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
The Resolution approves Tentative Parcel Map 81-854 subject
to the following conditions:
(1) Landscaping: Street trees and erosion -control land-
scaping shall be installed on all new slopes located
adjacent to Avenida Pescador and the new alignment for
Calle Miramar prior to City acceptance of the newly -
constructed Avenida Pescador improvements.
(2) Slopes: All manufactured slopes shall be designed and
constructed in accordance with Section 9-3.505 and
9-4.112 of the Municipal Code. All such slopes shall
be 2:1 ratio or flatter.
(3) Other Improvements: Driveways, pedestrian ways,
drainage facilities, and sanitary sewers shall be
located and constructed in accordance with Article
9-4.1 (Design Standards and Requirements) of the
Municipal Code and adopted City policy.
(4) Identification: Both parcels created by this Parcel
Map shall be identified as lettered parcels and desig-
nated as "Not a building site." This stipulation shall
be recorded with the Parcel Map.
(5) Fees: All required fees shall be paid prior to approval
of a Final Map.
2. MEREDITH CANYON SLOPE DISTRICT - FORMATION AND FUNDING
OBLIGATIONS, TRACTS 8087 AND 8319 (CONTINUATION)
(74) Proposal:
Formation of a geologic hazard abatement district to be
known as the Meredith Canyon Slope District consisting of
Subdistrict A (those lots not having a slope maintained by
the Meredith Canyon Association) and Sub -district B (those
lots having a slope maintained by the Association). The
City Council would serve as the initial Board of Directors
for a term of four years.
Applicant:
This is a City -initiated District, as requested by the
Community Association.
Written Communications:
(1) Report dated July 21, 1981, from the Director of Public
Works.
(2) Letter dated July 9, 1981, from O. Nalcioglu, concurring
with the formation of Sub -districts.
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320
3
(42)
(55)
(3) Letter dated July 21, 1981, from Bryan L. Hall,
26882 Via La Mirada, requesting additional wording with
regard to payment for future slope damage.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing, and the following persons
responded:
(1) Richard Sherman, 26901 Via La Mirada, concurred with
the staff recommendations, with the inclusion of a 3 -
year "sunset clause."
(2) Judy Jamroz, Member of the Association Board of Directors,
questioned whether property owners had been properly
notified. Council concurred that appropriate procedures
had been followed and that the property owners had been
properly notified.
(3) Mike Madigan, Jr., 33531 Avenida Calita, cited concerns
with the financial obligations and potential causes for
escrow failures.
(4) Ken Wier, 33432 Via de Agua, urged Council to take
action at this time.
(5) Robert Devins, Association President, noted that the
formation of the Slope District would have added
importance if anticipated funds were not received.
There being no further response, the Public Hearing was
closed.
Formation of District:
It was moved by Councilman Hausdorfer, seconded by Council-
man Friess that the following Resolution be adopted:
RESOLUTION NO. 81-7-21-5, MEREDITH CANYON SLOPE
DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 81-3-17-1 AND ORDERING
THE FORMATION OF MEREDITH CANYON SLOPE DISTRICT
FOR TRACTS 8087 AND 8319
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
Termination Date:
Council directed that the Bylaws of the District contain a
termination date of July 21, 1984.
The City Clerk was directed to forward a certified copy of
the Resolution to the Controller of the State of California,
in accordance with the Public Resources Code.
ADOPTION OF UNIFORM FIRE CODE, 1979 EDITION - AMENDMENT
TO TITLE 4 OF THE MUNICIPAL CODE (PUBLIC SAFETY)
Proposal:
Adoption of the 1979 Edition of the Uniform Fire Code with
amendments thereto.
Applicant:
This is a City -initiated Hearing.
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321
Written Communications:
(1) Report dated July 21, 1981, from the City Clerk advising
that the Ordinance was regularly introduced at the
meeting of July 7 and is scheduled for adoption.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and, there being no response,
declared the Hearing closed.
Adoption of Ordinance No. 426:
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 Friess that the following Ordinance
be adopted:
ORDINANCE NO. 426, AMENDMENT TO TITLE 4 OF
MUNI( -Ii -Al, UUL)h (YUt61,1C JAZ-L"rYJ - ALN U1-'1)11NA1'4l:r,
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CHAPTER 2 OF TITLE 4 OF THE MUNICIPAL
CODE AND ADOPTING THE UNIFORM FIRE CODE, 1979
EDITION, TOGETHER WITH CERTAIN AMENDMENTS,
STANDARDS, SUPPLEMENTS AND APPENDICES THERETO,
AND DELETING THE 1976 EDITION OF THAT SAME UNIFORM
FIRE CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
4. 1981 WEED ABATEMENT CHARGES
(74) Proposal:
Approval of the Cost Report and charges to be assessed to
individual properties for 1981 City-wide weed and refuse
abatement.
Applicant:
This is a City -initiated procedure, pursuant to Ordinance
No. 348.
Written Communications:
(1) Report dated July 21, 1981, from the Director of Public
Works.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing; and, there being no response,
declared the Hearing closed.
Approval of Cost Report and Charges:
It was moved by Councilman Buchheim, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 81-7-21-6, CONFIRMING COST REPORT -
1981 WEED ABATEMENT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONFIRMING THE COST REPORT FOR 1981 WEED ABATEMENT IN
THE CITY OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
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322
A certified copy of the Resolution and Cost Report is to be
received by the County Assessor and Tax Collector by August
10 for use in entering the Assessments on the tax roll.
RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - 1981 WEED
ABATEMENT PROGRAM (H. J. MOONEY)
(38) Written Communications:
(74) (1) Report dated July 21, 1981, from the Director of Public
Works stating the completion of the weed abatement
program for 1981.
Acceptance of Work:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 81-7-21-7, COMPLETION OF WEED
ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO,
1981 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO THE ABATEMENT OF WEEDS
AND OTHER NOXIOUS AND PUBLIC NUISANCES IN THE CITY
OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
The Resolution accepts the 1981 weed abatement program as
complete and directs the City Clerk to forward the Notice of
Completion to the County Recorder within 10 days.
Payment status is as follows:
Total Cost to Date $31,891.00
Less 10% Retention 3,189.10
Less Progress Payment #1 18,944.10
Amount Due $ 9,757.80
The 10% retention is payable 35 days after recordation of
the Notice of Completion.
1. MOBILE HOME PARKS - LIMITATION TO SPACE RENT INCREASES
AMENDMENT TO TITLE 2 OF THE MUNICIPAL CODE (URGENCY)
(25) Council received copies of a proposed urgency Ordinance
(55) to re -instate the following paragraph in Section 2-2.907 of
the Municipal Code:
"The Maximum Allowable Increase as defined in Section
2-2.902(g) shall be applied to each space and shall not
be based upon the park's mean rent. There shall,
moreover, be no more than one increase in space rents
within a park during any twelve month period."
Adoption of Ordinance No. 427:
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 Friess that the following Ordinance
be adopted:
ORDINANCE NO. 427, MOBILE HOME PARK REVIEW COMMITTEE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ARTICLE 9, CHAPTER 2, TITLE 2,
SECTION 2-2.907 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE (URGENCY)
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323
As an urgency matter, the Ordinance takes effect immediately.
BIDS. CONTRACTS, AGREEMENTS
1. RENEWAL OF LIABILITY INSURANCE POLICY AND AGREEMENT FOR
CLAIMS ADMINISTRATION
(49) Written Communications:
(1) Report dated July 21, 1981, from the Director of
Administrative Services.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim, and unanimously carried to approve the proposal
of Dan Gorman Insurance Company in the amount of $19,914 for
public liability insurance coverage for 1981-82, and to
award the City's liability insurance claims administration
to Carl Warren and Company in the amount of $600 for the
fiscal year 1981-82. The Mayor and City Clerk were author-
ized to execute the Agreement with Carl Warren and Company
on behalf of the City.
2. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR
BIDS - MAINTENANCE OF VARIOUS CITY PARKS
(62) Written Communications:
(1) Report dated July 21, 1981, from the Director of Public
Works.
Approval of Specifications/Call for Bids:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to approve the specifications
and to authorize staff to advertise for bids for contract
maintenance services for the following City parks: Arroyo,
Bonita, Oso Rio, Arce, and Four Oaks.
3. RENEWAL OF SEWERLINE MAINTENANCE AGREEMENT (EMPIRE PIPE
CLEANING AND EQUIPMENT, INC.)
(38) Written Communications:
(68) (1) Report dated July 21, 1981, from the Director of Public
Works.
(2) Letter dated May 8, 1981, from Leroy Thomas, President,
Empire Pipe Cleaning and Equipment, Inc., 1200 West
Trenton, Orange 92677.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried to approve the agreement
with Empire Pipe Cleaning and Equipment, Inc. of Orange for
maintenance of sanitary sewer lines at .09C per lineal foot
for the period June 30, 1981, through June 30, 1982. The
Mayor and City Clerk were authorized to execute the agreement
on behalf of the City.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. BUDGET SCHEDULE, 1981-86 FISCAL YEAR
(24) Written Communications:
(1) Report dated July 21, 1981, from the City Manager,
forwarding a proposed budget schedule for Council
approval.
Approval of Schedule:
It was moved by Councilman Hausdorfer, seconded by Council-
man Friess, and unanimously carried to approve the following
schedule for review of the 1981-86 fiscal budget:
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August 4, 1981
August 19, 1981
Review of federal
funds; review of
budgets;
revenue sharing
department operating
Review of commissions', boards',
and committees' budgets; review of
community organizations' budgets;
September 1, 1981 Review and adoption of capital im-
provement projects budget; final
review and adoption of 1981-82
Fiscal Year Budget.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. INITIATION OF MUNICIPAL CODE AMENDMENT, ZONING MECHANISMS
FOR MOBILEHOME PARKS - ADULT-ONLY/FAMILY STATUS
(25) Written Communications:
(55) (1) Report dated July 21, 1981, from the Director of
(95) Community Planning and Development forwarding a draft
amendment to Title 9 of the Municipal Code to provide
suffix zoning to be apended to the existing Mobilehome
Park Base District for adult, family, sub -division, and
condominium parks.
Gerald Gibbs, Attorney representing residents of Rancho del
Avion Mobilehome Estates, addressed the Council to request
that rezoning be initiated concurrently with the proposed
Code Amendment to expedite the matter. Mayor Schwartze
advised that Rancho del Avion was specifically approved as a
family park at its inception.
Initiation of Code Amendment:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to initiate an amendment
to Title 9 of the Municipal Code, to provide special suffixes
with the Mobilehome Park zoning designation to increase the
clarity and explicitness of the classifications of the types
and ownership arrangements of mobilehome parks permitted
within the City, and to refer the amendment to the Planning
Commission for hearings and recommendation.
RECESS AND RECONVENE
Council recessed at 9:00 P.M. and reconvened at 9:18 P.M.
2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - SPECIAL MHP
(25) Adoption of Ordinance No. 428:
(55) The City Attorney read the title of the Ordinance next
(95) 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 as an urgency matter:
ORDINANCE NO. 428, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - SPECIAL MHP (MOBILEHOME PARK)
AUrr1AL.l - Hiv V2CU 11V LiLVUr. Ur "Inb U111 Ur .7 IN UUHLN
CAPISTRAN0, CALIFORNIA, ADDING PARAGRAPHS (h)
THROUGH (n) TO SECTION 9-3.408 OF THE MUNICIPAL
CODE, ESTABLISHING PROVISIONS FOR USE OF SPECIAL
SUFFIXES WITH THE MHP (MOBILEHOME PARK) ZONING
DESIGNATIONS (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
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325
The Ordinance will be effective for an initial 120 -day
period of time or until November 18, 1981, pursuant to
Government Code Section 65858.
3. REZONE 81-5, RANCHO DEL AVION MOBILEHOME PARK (URGENCY
(25) Adoption of Ordinance No. 429:
(95) 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. 429, REZONE 81-5 (RANCHO DEL AVION
MOBILEHOME PARK) - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL
ZONING MAP BY CHANGING THE ZONING OF ASSESSOR'S
PARCEL NO. 121-171-20 FROM MHP TO MHP -F (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
The Ordinance will be effective for an initial 120 -day
period of time or until November 18, 1981, pursuant to
Government Code Section 65858.
COUNCIL ACTIONS
1. REVIEW OF ARCHITECTURAL BOARD OF REVIEW AND PLANNING
COMMISSION APPOINTMENTS
Written Communications:
(1) Report dated July 21, 1981, from the Administrative
Assistant to the City Manager forwarding attendance
rosters for current appointees and copies of applications
on file for appointment to the Architectural Board of
Review and Planning Commission.
(23) Architectural Board of Review:
There was a concurrence of Council that Councilmen Hausdorfer
and Bland serve as an ad hoc Council Committee to consider
possible re -organization of the Architectural Board of
Review and to discuss the matter with members of the community
and staff. A report is to be submitted at the meeting of
August 18, 1981.
(67) Re -Appointment of Planning Commission Members:
It was moved by Councilman Hausdorfer, seconded by Council-
man Friess and unanimously carried to re -affirm the appointments
of the current members of the Planning Commission for the
term ending June 30, 1982.
2. APPOINTMENT TO THE MOBILEHOME PARK REVIEW COMMITTEE (KELLY
(23) Written Communications:
(1) Report dated July 21, 1981, from the Administrative
Assistant to the City Manager forwarding copies of
applications received for appointment to the Mobile -
home Park Review Committee, due to the resignation of
Austin Dodge.
Councilman Hausdorfer nominated Art McConnell; Councilman
Buchheim nominated Fred Kelly. There was a concurrence of
Council that Mr. Fred W. Kelly, 27703 Ortega Highway, Space
153, be appointed to fill the vacancy on the Mobilehome Park
Review Committee.
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COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF JULY 14, 1981
(67) With the concurrence of Council, Mayor Schwartze ordered the
Report of Actions taken by the Planning Commission on July
14, 1981, received and filed.
AUTHORIZATION TO REQUEST PROPOSALS FOR ACCESS AND CIRCULATION
PLAN - CENTRAL BUSINESS AREA A
(38) Written Communications:
(68) (1) Report dated July 21, 1981, from the Director of Com-
munity Planning and Development advising of the need
for a Request for Proposal (RFP) for the preparation of
an Access and Circulation Master Plan for Area "A" of
the Central Business District. The area consists of
approximately 20 acres of land located at the southeast
intersection of Camino Capistrano and Del Obispo Street.
Mr. Robert Dolley, owner of the largest vacant parcel,
has recently submitted a development proposal.
Council Discussion:
Councilman Friess suggested consideration of revenues that
could be generated for downtown parking, cited the amount of
approved commercial office space in the City, and noted that
precise planning should include both land use and circulation
needs. Mayor Schwartze suggested a combined study of land
uses and circulation plans with fiscal analysis to provide a
fiscal matrix. Councilman Bland requested that the project
include the impacts of progress on the extension of Alipaz
Street.
Approval:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve the prep-
aration of a Request for Proposal for Area A at Camino
Capistrano and Del Obispo Street to include land use and
circulation plans. Staff is to report at the August 4, 1981,
meeting regarding funding, budgets, environmental matters
and the need for a focus environmental impact report, and
possible time delays for development applications.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. REGULATIONS FOR EXTERIOR SOLAR INSTALLATIONS
(25) There was a concurrence of Council that staff provide an
off -agenda report on present requirements for solar install-
ations, as requested by Councilman Buchheim.
2. MARIE CALLENDAR'S RESTAURANT
(25) In response to Councilman Bland, staff advised that any
delays in opening the new Marie Callendar's Restaurant on
Del Obispo Street were not due to City requirements.
3. TRAFFIC CONDITIONS
(87) Councilman Friess requested that staff provide an off -agenda
report with regard to installation of two left turn lanes on
Ortega Highway at the northbound ramp to the Interstate 5
Freeway.
4. ADVERTISING METHODS (BUFFY'S RESTAURANT)
(25) There was a consensus of Council that a letter or telegram
be sent to Supervisor Riley citing City concerns with the
use of a flying plastic whale by Buffy's Restaurant at the
north City limits.
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5. SAN JUAN CAPISTRANO BRANCH LIBRARY - STATUS REPORT
(52) Councilman Friess provided an oral status report on progress
with the proposed branch library, citing various modifica-
tions to the plans, possible phasing of construction, and
funding sources. Construction bidding is anticipated in
late November. A corporate fund-raising name of "Libros y
Artes de San Juan Capistrano" has been selected, as suggested
by the City Clerk.
6. MOBILE HOME PARKS - HUD INSPECTIONS
(25) Mayor Schwartze requested that the Director of Public Works
notify the managers of local mobile home parks that inspections
currently being done by City employees are in accordance
with Federal HUD processes.
7. SAN JUAN CAPISTRANO BRANCH LIBRARY - TRAFFIC CIRCULATION
(52) There was a concurrence of Council that staff consider
closure of Acjachema Street as it relates to the architectural
plans for the library building and the New Stone Church and
that the matter be referred to the Traffic and Transportation
Commission for review of traffic circulation.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:33 P.M., to the next meeting date of Tuesday,
August 4, 1981, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
is •
ATTEST:
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