81-0804_CC_Minutes_Regular Meeting329
AUGUST 4, 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 Reverend Homer
Waisner, Jr., Ocean Hills Community Church.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Lawrence F. Buchheim, Mayor pro tem
Anthony L. Bland, Councilman
Gary L. Hausdorfer, Councilman
ABSENT: Kenneth E. Friess, Councilman
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 21, 1981
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of July 21,
1981, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that all Ordinances be read by title only. The
motion carried by the following vote:
AYES: Councilmen Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION OF COMMENDATION (SHERIFF'S CAPTAIN LADUCER)
(36) Mayor Schwartze read the Resolution in full commending
(70) Captain Dennis LaDucer for his service to the community as
South County Substation Commander since January 5, 1979,
until his recent transfer.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim that the following Resolution be adopted:
RESOLUTION NO. 81-8-4-1, COMMENDING CAPTAIN
DENNIS W. LADUCER - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
COMMENDING CAPTAIN DENNIS W. LADUCER
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330
The motion carried by the following vote:
AYES: Councilmen Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
Mayor Schwartze presented the Proclamation and a City Seal
plaque with appreciation. Captain LaDucer introduced
Captain Vito Ferlauto, new Substation Commander, and high-
lighted his career in law enforcement.
2. MUNICIPAL TREASURER'S WEEK, AUGUST 9-15. 1981
(41) Mayor Schwartze read the Proclamation in full declaring the
week of August 9 through August 15, 1981, as Municipal
Treasurer's Week and presented the Proclamation to Mr. John C.
Gibson, City Treasurer, with appreciation.
1981 LANDSCAPE MAINTENANCE CHARGES - LANDSCAPE MAINTENANCE
DISTRICTS 7373, 8485, 9382, 9373, 9284, AND 7654
This item was taken out of order on the Agenda for the benefit of
members of the audience.
(74) Written Communications:
(85) (1) Report dated August 4, 1981, from the Director of
Public Works, advising that signs were posted in each
District area notifying residents of Council's intent
to consider increased landscape maintenance charges, as
directed by Council on July 21, 1981. The deadline for
submittal of the charges to the County Assessor for
inclusion on the 1981-82 tax rolls is August 10.
(2) Supplemental Agenda Item dated August 4, 1981, from the
Director of Public Works submitting an adjusted tax
rate for the tracts in question, which would waive City
administration costs for 1980-81, for Council consideration.
The Director of Public works made an oral report on the
establishment of such districts in 1979, and the following
persons addressed the Council to cite concerns with the
amount of the proposed assessments and the condition of
landscaping:
(1) Charles B. Davis, Tract 9382, 31161 Santa Margarita
Place.
(2) Sam Chicas, Belford Terrace.
(3) David Spector, Los Corrales, 31902 Via Fierro.
(4) Mrs. Fast, Los Corrales, 27942 Via Estancia.
(5) Dennis Haehn, Los Corrales, Tract 9373, 26261 Via
Rueda.
(6) Richard Wordes, Los Corrales, Tract 7654, 31812 Paseo
La Branza.
(7) Russell DeGuy, Belford Terrace, 31202 Casa Grande.
(8) Mike Tolmasoff, constructing a residence on Paseo
Activo, Tract 9284.
(9) Frances Kopp, Tract 9284, 27101 Paseo Activo.
(10) Mike Helion, Mission Springs, 28361 Via Anzar.
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331
Request for Time Extension/Adoption of Resolution:
Due to time limitations, it was moved by Councilman Hausdorfer,
seconded by Councilman Buchheim that the following Resolution
be adopted submitting rates identical to those of 1980-81 to
the County Assessor:
CONFIRMING COST REPORT - 1981 LANDSCAPE MAINTENANCE
DISTRICTS - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR 1981 LANDSCAPE MAINTENANCE
DISTRICTS CHARGES IN THE CITY OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
The Resolution adopts the following assessments:
Tract
1980 Assessment
1981 Assessment
7673
$117.00
per
parcel
$117.00
per
parcel
9373
77.00
"
77.00
"
9382
116.00
116.00
"
8485
135.00
135.00
"
9284
364.00
364.00
"
7654
103.00
103.00
"
Staff is to request an extension of time from the County
Assessor so that the assessments may be considered further
at the meeting of August 18, 1981. If an extension is
granted, the Resolution will be null and void. If a time
extension is not granted, the City Clerk.is directed to
forward a certified copy of the Resolution to the County
Assessor prior to August 10, 1981, for placement of the
charges on the 1981-82 tax rolls.
Staff Review:
The City Attorney was directed to submit a report for the
meeting of August 18, responding to the following: (1) legal
ramifications of converting from Landscape Maintenance
Districts to Homeowners Associations; (2) Status of current
contracts with landscape maintenance companies; (3) require-
ments for notification to property owners of proposed in-
creases. The Director of Public Works is to submit a report
on (1) the condition of the landscaping within the Districts;
and (2) a comparison of costs assessed by other cities.
Ad Hoc Council Committee:
There was a concurrence of Council that Councilmen Hausdorfer
and Buchheim serve as an ad hoc committee to survey the
landscape conditions and to meet with representatives of
each of the Tracts to review concerns. Mayor Schwartze
requested that interested property owners submit their names
and addresses to the City Clerk.
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 Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
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332
1.
fl
APPROVAL OF WARRANTS
(41) The List of Demands dated August 4, 1981, Warrants Register
No. 82-014, in the total amount of $411,817.01, was approved
as submitted.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Report of Fund Cash Balances for a one-
month period ending June, 1981, was approved as submitted.
3. REPORT OF CULTURAL HERITAGE COMMISSION MEETING
OF JULY 28. 1981
(23) The report dated August 4, 1981, from the Secretary of the
Cultural Heritage Commission regarding actions taken at the
meeting of July 28, 1981, was ordered received and filed.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JULY 27, 1981
(23) The report dated August 4, 1981, from the Secretary of the
Equestrian Commission regarding actions taken at the regular
meeting of July 27, 1981, was ordered received and filed.
5. REPORT OF PARKS AND RECREATION COMMISSION MEETING
OF JULY 27, 1981
(23) The report dated August 4, 1981, from the Secretary of the
Parks and Recreation Commission regarding actions taken at
the meeting of July 20, 1981, was ordered received and
filed.
6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS
OF JULY 8, 1981 AND JULY 22, 1981
(23) The report dated August 4, 1981, from the Secretary of the
Traffic and Transportation Commission regarding actions
taken at the meetings of July 8, and July 22, 1981, was
ordered received and filed.
7. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY,
TRACT 6305, ORTEGA HIGHWAY (THE HUNT CLUB)
(38) As set forth in the report dated August 4, 1981, from the
(49) Director of Public Works, advising that the public improve -
(85) ments for the Hunt Club, Tract 6305, have been completed and
accepted by the City Inspector.
Acceptance of Work:
The following Resolution was adopted:
ION NO. 81-8-4-2. COMPLETION OF PUBLIC
1MY1CUV1;1.1r1NTb - lm,!Au'r O.iUJ k.Lnr, nULN'1I:LU15) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS -
TRACT 6305 (THE HUNT CLUB)
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.
Release of Surety:
The following bonds from Fremont Indemnity were released
upon expiration of 35 days from recording of the Notice of
Completion:
Faithful Performance/Labor
and Materials (Private) No. LA -100055 $261,000
Monumentation No. LA -100060 $ 17,000
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333
The Faithful Performance Surety, No. LA -100056 from Fremont
Indemnity for $725,000 was extended to August 4, 1982.
8. GRANT OF EASEMENT TO SAN DIEGO GAS & ELECTRIC FOR UTILITY
(73) As set forth in the report dated August 4, 1981, from the
(90) Director of Public Works, the Deed granting an easement for
right-of-way and utility purposes to San Diego Gas and
Electric Company, was approved in conjunction with con-
struction of a new vehicle storage building. The Mayor and
City Clerk were authorized to execute the Easement Deed on
behalf of the City.
9. AUTHORIZATION TO RELEASE GRADING SURETY, TRACT 9373,
SAN JUAN CREEK ROAD (PATRICK)
(38) As set forth in the report dated August 4, 1981, from the
(49) Director of Public Works, release of the following Grading
(85) Bond was authorized:
Bond No. SC 6319178, held by American Insurance Company,
in the amount of $500,618.
10. AUTHORIZATION TO RELEASE GRADING
TRACT 7654
(38) As set forth in the report dated August 4, 1981, from the
(49) Director of Public Works, release of the following Grading
(85) Bond was authorized:
Bond No. SC 6317584, held by American Insurance Company,
in the amount of $133,860.
11. AUTHORIZATION TO RELEASE GRADING SURETY, TRACT 9382,
ORTEGA HIGHWAY (MAURER)
(38) As set forth in the report dated August 4, 1981, from the
(49) Director of Public Works, release of the following Grading
(85) Bond was authorized:
Bond No. 0.09098, held by Covenant Mutual Insurance
Company, in the amount of $35,000.
STREET LIGHT CONVERSION COST ANALYSIS (SAN DIEGO GAS & ELE
This item was removed from the Consent Calendar for discussion.
(53) Written Communications:
(90) (1) Report dated August 4, 1981, from the Director of
Public Works setting forth costs involved with requests
by San Diego Gas & Electric Company that customers
convert all street lights to High Pressure Sodium Vapor
for energy conservation purposes.
With Council concurrence, Mayor Schwartze directed that the
report be considered further during review of the proposed
Capital Projects budget for 1981-86.
RECESS AND RECONVENE
Council recessed at 8:37 P.M. and reconvened at 8:55 P.M.
PUBLIC HEARINGS
1. APPEAL OF ARCHITECTURAL BOARD OF REVIEW DECISION, A.C. 80-3
Councilman Buchheim left the Council Chamber due to a possible
conflict of interest.
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(68) Proposal:
(85) Appeal of the Architectural Board of Review Decision of
July 15, 1981, that conditions No. 8 and 16 of the City
Council Resolution No. 80-10-15-2 had not been satisfied.
The conditions refer to air conditioning and heating roof
wells and to roofing materials.
Appellant:
Lloyd E. Ross, First Commercial Enterprise, 2801 Barranca
Road, Irvine 92715, on behalf of the property owners Carl E.
and Lawrence F. Buchheim, P. 0. Box 25.
Written Communications:
(1) Report dated August 4, 1981, from the Director of
Community Planning and Development recommending confirm-
ation of the Architectural Board of Review's decision.
(2) Letter dated July 16, 1981, from the appellant.
Exhibits and roof tile samples were on display, and the
Director of Community Planning and Development made an oral
presentation, pointing out differences between the approved
plans and the working drawings and suggesting possible
solutions. Copies of a summary of the differences were
distributed.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing, and the following persons responded
in support of the appeal:
(1) Don Hanna, 30161 Branding Iron Road, representing the
applicant and property owner, clarified that the equipment
wells contain an entire unit rather than sections and
made a slide presentation to support the appeal:
(2) Jack Selman, Architects Orange, described proposed
buffer landscaping, suggested that equipment wells on
Buildings 1 and 2 be moved to the freeway exposure and
that Building 6 be designed with a hip style roof to
eliminate wells at the Casitas exposure. Mr. Selman
requested approval of flat terra cotta or brown -colored
tile or "S" shaped barrel tile roofing.
The following persons addressed the Council in opposition to
the appeal:
(1) Ron Yorba, President, Casitas Capistrano Homeowners
Association No. II, stated that red, S-shaped roof tile
and removal of all equipment wells from the Casitas
side would be preferred due to noise and visual concerns.
Mr. Yorba stated that relocation of the wells on
Building 2 and a hip -style roof on Building 6 would be
acceptable.
(2) Carolyn Nash, representing the Architectural Board of
Review, stated the following:
Building 1 - preferable not to have an "L" shaped
well opening next to the freeway.
Building 2 - agreed with relocation of the wells to
the interior of the project and away
from the Casitas.
Building 5 - concurred that the working drawings
are acceptable.
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Building 6 -
Roof Material -
335
concurred that hip -style roof treatment
would be acceptable; questioned the
appearance of parapets on the design.
favored a wood -simulated material; or,
red, S-type tile would be acceptable.
(3) Jim Allen, Member of the Architectural Board of Review,
stated that alternatives to roof wells for air condition-
ing equipment are available, although at greater cost.
(4) Wayne Penny, Member of the Architectural Board of
Review, stated that precise sizes of equipment wells
should have been presented at the inception of review.
There being no further response, Mayor Schwartze declared
the Hearing closed.
Mr. Merrell advised that the parapets were suggested as a
means of solving problems with Buildings 2 and 6; the ap-
plicant and staff agreed that the use of parapets was not
offered for serious consideration.
Approval of Plans and Roof Material:
It was moved by Councilman Hausdorfer, seconded by Council-
man Bland and unanimously carried with Councilmen Buchheim
and Friess absent, that the plans be approved with the
following conditions:
Building 1 - The roof well treatment shall be modified
with one well containing a maximum of
four units located on the plan "north"
elevation (freeway facing), consistent
with the approved concept plans, and an
additional equipment well containing a
maximum of four units located on the
plan "south" elevation (interior).
Building 2 - The equipment well located on the plan
"east" elevation (facing Casitas) shall
be deleted. The six heating/air-condition-
ing units previously shown on that
elevation shall be relocated on the plan
"west" facing roof slope opposite the
plan "east" facing elevation. The units
shall be located in two separated wells
containing three units each. The well
treatment on the north elevation was
acceptable as shown.
Building 5 - The equipment well treatment was approved
as shown on the final working drawings.
Building 6 - The equipment well shown on the east
elevation shall be relocated by the in-
corporation of a modified hip design
using a greater roof pitch. This design
creates an equipment well open only at
the top. In addition, the equipment
wells on the north and south elevations
shall be reduced in size with a maximum
of four units for each well.
Roof Material - red, S-shaped or barrel tile if feasible,
or a wood -simulated flat shingle, the
final selection to be at the option of
the applicant.
Councilman Buchheim resumed his duties at 10:35 P.M.
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336
2. GENERAL PLAN AMENDMENT 81-2 - LAGUNA NIGUEL/SAN JUAN CAPISTRANO
(44) Proposal:
(46).General Plan Amendment 81-2, an amendment to the Circulation
Element of the General Plan to reflect the connector road in
the County area between Street of the Golden Lantern and the
westerly City limits and to designate a Special Circulation
Study Area to complete the linkage to the Interstate 5
Freeway.
Applicant:
This is a City -initiated Hearing consistent with the settlement
agreement between the City and the developers of Las Colinas
de Capistrano, which calls for a connector road opposite -
Junipero Serra to be moved north and to ultimately link
to the City's street system.
Written Communications:
(1) Report dated August 4, 1981, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning Com-
mission at a Public Hearing held on July 14, 1981.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and, the following persons responded:
(1) Randy Williams, 29931 Camino Capistrano, supported the
study, but questioned the lack of time commitments and
suggested that Alipaz Street be extended to meet the
proposed connector road.
(2) Bill Bathgate, 29643 Camino Capistrano, requested that
a time limit be placed on the study and that all possible
road alignments be included.
There being no further response, Mayor Schwartze declared
the Hearing closed.
Council advised that general plan amendments in the area,
the extension of Alipaz Street and road alignments will
continue to be processed.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 81-8-4-3, GENERAL PLAN
Rl-9 IT. A(]TTATL NIT (T 1PT. /C➢TT .TTTLM ('AD T QrPDL
ROAD) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
THE CIRCULATION SYSTEM OF THE CITY'S GENERAL PLAN
FOR THE NORTHEAST QUADRANT OF THE CITY. THE AREA
IS BOUNDED TO THE NORTH AND EAST BY THE CITY LIMITS,
TO THE WEST BY INTERSTATE 5 AND TO THE SOUTH BY OSO
ROAD
The motion carried by the following vote:
AYES: Councilmen Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
Scope of Work;
The proposed Scope of Work for the study area is to be
presented during consideration of the Capital Projects
budget.
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337
3. PROPOSED USE OF FEDERAL REVENUE SHARING FUNDS - ENTITLEMENT
PERIOD 12
(41) Proposal:
The second of two required Public Hearings to obtain public
participation and input on the proposed use of the Entitle-
ment Period 12 allocation of Federal Revenue Sharing Funds.
The City's allocation for the period October 1, 1980, to
September 30, 1981, is estimated at $177,913.
Written Communications:
(1) Report dated August 4, 1981, from the Director of
Administrative Services advising of the extension of
the Federal General Revenue Sharing Program for an
additional three years.
Applicant:
This is a City -initiated Hearing pursuant to Public
Law 96-604.
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. Continued designation of
Revenue Sharing funds for civic center site acquisition and
construction was authorized.
4. REVIEW OF FISCAL BUDGET FOR THE FIVE YEARS BEGINNING
JULY 1, 1981, AND ENDING JUNE 30, 1986
(24) Proposal:
Rev— i of the proposed departmental operating budgets for
the five-year period beginning July 1, 1981, and ending
June 30, 1986.
Written Communications:
(1) Report dated August 4, 1981, from the City Manager.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing; and, with the concurrence of
Council, continued the Hearing to the meeting of August 18,
1981, at 7:00 P.M. in the City Council Chamber.
RESOLUTIONS
1. ADOPTING TAX RATE FOR SEWER BOND REDEMPT
(86) Written Communications:
(80) (1) Report dated August 4, 1981, from the Director of
Administrative Services, forwarding a resolution to
establish and impose an ad valorem sewer bond tax rate.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim that the following Resolution be adopted:
RESOLUTION NO. 81-8-4-4, ADOPTING SEWER BOND TAX
RATE - FISCAL YEAR 1981-82 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING AND IMPOSING AN AD VALOREM
SEWER BOND TAX RATE FOR THE 1981-82 FISCAL YEAR
The motion carried by the following vote:
AYES: Councilmen Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
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r
The Resolution establishes a General Obligation Bond Redemp-
tion of 0.00625% of the full value of secured property due
in the fiscal year 1981-82 pursuant to Section 93 of the
California Revenue and Taxation Code. The City Clerk was
authorized and directed to forward a copy of the Resolution
to the County Auditor -Controller of the County of Orange.
2. NOTICE OF INTENT TO VACATE A PORTION OF STREET RIGHT-OF-WAY,
DEL OBISPO STREET
(91) Written Communications:
(1) Report dated August 4, 1981, from the Director of
Public Works submitting a resolution of intent to
vacate a portion of Del Obispo Street.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 81-8-4-5, INTENT TO VACATE PORTION
OF DEL OBISPO STREET - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING ITS INTENTION TO VACATE A PORTION OF DEL
OBISPO STREET
The motion carried by the following vote:
AYES: Councilmen Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
The Resolution establishes the City's intent to vacate
excess right-of-way of Del Obispo Street adjacent to Vermeulen
Farm and schedules a Public Hearing for September 1, 1981.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REQUEST FOR PROPOSAL — PERSONNEL CLASSIFICATION STUDY
(66) Written Communications:
(1) Report dated August 4, 1981, from the City Manager
suggesting the preparation of a Request for Proposal
(RFP) for a Personnel Classification Study.
Approval:
A motion was made by Councilman Buchheim, seconded by Council-
man Hausdorfer and unanimously carried to approve the prepara-
tion of a Request for Proposal for a comprehensive classifica-
tion study and to authorize staff to engage a consultant to
conduct the study in an amount not to exceed $12,000.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. INITIATION OF GENERAL PLAN AMENDMENT 81-3C (SAS CONSTRUCTORS)
(46) Proposal:
Request for a General Plan Amendment to provide a change of
zone for approximately 14.7 acres of land located at the
southeast corner of Rancho Viejo Road and Mission Hills
Drive from 2.7 Recreation Commercial to 5.0 Public Institutional
to allow construction of a community medical center. ,
Applicant
SAS Constructors Ltd., 540 Golden Circle Drive, Santa Ana
92705.
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339
Written Communications:
(1) Report dated August 4, 1981, from the Director of
Community Planning and Development, forwarding a
proposed general plan amendment.
(2) Letter dated July 16, 1981, from S. Alan Schwartz,
President SAS Constructors Ltd.
Mr. Schwartz addressed the Council in support of the petition.
Approval of Request:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to initiate the request
for consideration of the petition as a part of General Plan
Amendment 81-3. The inclusion of this petition in General
Plan Amendment 81-3 shall not be construed as approval of
the request, but rather allows the applicant, staff, and
various boards and commissions to review the merits of the
petition and forward recommendations for Council consideration.
2. APPEAL OF ARCHITECTURAL BOARD OF REVIEW DECISION, A.C. 81-2
(E. F. GRETHER, JR.)
(86) Written Communications:
(1) Report dated August 4, 1981, from the Director of
Community Planning and Development forwarding an appeal
of the Architectural Board of Review decision which
resulted in a change in approved building height to 35
feet for Building 13 of the proposed Ocean Pacific
Business Park to accommodate required modifications.
(2) Appeal received July 8, 1981, from Nick O'Malley,
Attorney, 695 Town Center Drive, Suite 800, Costa Mesa
96926, on behalf of E. F. Grether, Jr., owner of the
adjacent Capistrano Inn.
The following persons addressed the Council:
(1) Nick O'Malley requested that the Architectural Board of
Review and staff be directed to meet with the developer
and Capistrano Inn representatives for further discussion
of the matter.
(2) Denny Smith, architect.
(3) Rick Del Carlo, project manager.
Confirmation of Decision, A.C. 81-2:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim and unanimously carried to deny the appeal and
confirm the action of the Architectural Board of Review at
its meeting of June 17, 1981.
3. AUTHORIZATION TO REQUEST PROPOSALS FOR LAND USE AND
CIRCULATION PLAN (CENTRAL BUSINESS AREA)
(38) Written Communications:
(68) (1) Report dated August 4, 1981, from the Director of
Community Planning and Development forwarding a Request
for Proposal (RFP) for the preparation of an Access and
Circulation Plan for Area "A" of the Central Business
District.
The following persons addressed the Council:
(1) Ted Stroschein, owner of property within the designated
area, stated opposition to the costs of and need for
the study.
(2) Richard Coleman, architect representing Robert Dolley,
cited concerns with timing of the study.
(3) Mr. Lyn Geronimi objected to the amount of office space
cited.
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Approval:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim and unanimously carried to approve the Request
for Proposal for Area "A" at Camino Capistrano and Del
Obispo Street to include land use and circulation plans as
submitted, and to authorize an expenditure not to exceed
$20,000 from Planning Department Specialized Services funds
and Systems Development Taxes.
DIRECTOR OF PUBLIC WORKS
1. STATUS OF SENATE BILL 201 (ORDINANCE NO. 424) SCHOOL FEE
COLLECTION
(55) Written Communications:
(78) (1) Report dated August 4, 1981, from the Director of
Public Works advising of action to be taken by the
Capistrano Unified School District with regard to
collection of fees.
With the concurrence of Council, Mayor Schwartze ordered the
report received and filed.
DIRECTOR OF RECREATION
1. SPRING QUARTERLY RECREATION ACTIVITIES REPORT
(62) With the concurrence of Council, Mayor Schwartze ordered the
report received and filed.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF JULY 28, 1981
(67) With the concurrence of Council, Mayor Schwartze ordered the
Report of Actions taken by the Planning Commission on
July 28, 1981, received and filed.
TRAFFIC AND TRANSPORTATION COMMISSION
1. APPLICATION OF CALIFORNIA VEHICLE CODE (SUNHOLLOW HOMEOWNERS
A CCn/ TAM TnMI
(61) Written Communications:
(87) (1) Report dated August 4, 1981, from the Secretary of the
Traffic and Transportation Commission, advising of the
request by the Sunhollow Homeowners Association for
application of the California Vehicle Code on the
driveways and streets in the Sunhollow Community.
(2) Letter dated August 3, 1981, from Ron Otterbein, President
Sunhollow Homeowners Association, 31562 Windsong,
requesting this item be held over and rescheduled at a
later date.
With the concurrence of Council, Mayor Schwartze ordered the
item held over to a later date.
COUNCIL ACTIONS
1. PROPOSED AMENDMENT TO ARTICLE XIII A OF THE STATE CONSTITUTION,
RELATING TO TAXATION
(51) Written Communications:
(86) (1) Report dated August 4, 1981, from the City Manager,
forwarding a Resolution in support of an amendment to
the State Constitution to allow cities to issue general
obligation bonds to provide for capital facilities and
improvements based on an affirmative vote of two-thirds
of the electors voting on such measures.
-12- 8/4/81
341
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the following Resolution be adopted:
ON NO. 81-8-4-6, STATE CONSTITUTIONAL
M �VT.nm TNTr mn 1PnYn1PTn7o - A RFRl1T.iTTT(1N
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REQUESTING THE LEGISLATURE
OF THE STATE OF CALIFORNIA TO PROPOSE TO THE
PEOPLE OF THE STATE OF CALIFORNIA AN AMENDMENT TO
THE CONSTITUTION OF THE STATE BY AMENDING SECTION 1
OF ARTICLE XIII A, RELATING TO TAXATION
The motion carried by the following vote:
AYES: Councilmen Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
The Resolution authorizes the City's League of California
Cities' Representative to cast an affirmative vote for the
Resolution.
CLOSED SESSION
The Council recessed to Closed Session for discussion of personnel
matters at 11:59 P.M., the City Clerk being excused therefrom,
and reconvened at 12:30 A.M., Wednesday, August 5.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:30 A.M., August 5, 1981, to the next meeting
date of Tuesday, August 18, 1981, at 7:00 P.M. in the City Council
Chamber.
ATTEST:
PHILLIP R. SCHWARTZE, MAYOR
Respectfully submitted,
.l� ..I Iy�/%//./��.�iL
, EX CITY tLERK
—13— 8/4/81