81-0818_CC_Minutes_Regular MeetingZj'j
AUGUST 18, 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 Pro Tem
Buchheim at 7:02 P.M., in the City Council Chamber, followed by
the Pledge of Allegiance to the Flag. Invocation was given by
Father Paul Martin, Old Mission Church.
ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor pro tem
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
(Arrived at 7:09 P.M.)
Gary L. Hausdorfer, Councilman
ABSENT: Phillip R. Schwartze, Mayor
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 o£ August 4, 1981
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of August 4,
1981, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Councilman Friess and Mayor Schwartze
Special Meeting of August 13, 1981
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Special Meeting of August 13,
1981, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Councilman Friess and Mayor Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Bland, seconded by Councilman
Hausdorfer that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Councilman Friess and Mayor Schwartze
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346
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - "SOUTHERN CALIFORNIA WATER WATCH,"
SEPTEMBER 13, 1981, THROUGH SEPTEMBER 20, 1981
(71) Mayor Pro Tem Buchheim advised that the Proclamation
(94) declaring the week of September 13, 1981, through
September 20, 1981, as Southern California Water Watch
was presented to raise awareness about water resources and
the need for the Peripheral Canal.
Approval of Proclamation:
It was moved by Councilman Hausdorfer, seconded by
Councilman Bland and unanimously carried to authorize the
Mayor Pro Tem and City Clerk to sign the Proclamation
pledging the City's support of the Water Watch Program.
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 Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Councilman Friess and Mayor Schwartze
1. APPROVAL OF WARRANTS
(41) The List of Demands dated August 18, 1981, Warrants Register
No. 82-021, in the total amount of $387,453.33, was approved
as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JULY 31. 1981
(41) The City Treasurer's Report of Investments as of July 31,
1981, in the total amount of $8,819,474.01, 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 31, 1981, in the total amount of $162.13, was
approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Report of Fund Cash Balances for the
one-month period ending July 31, 1981, in the amount of
$8,819,474.01, was approved as submitted.
5. AUTHORIZATION TO RELEASE GRADING SURETY, TRACT 6305,
ORTEGA HIGHWAY (HUNT CLUB)
(38) As set forth in the report dated August 18, 1981, from the
(49) Director of Public Works, release of the following Grading
(85) Bond was authorized:
C:
Bond No. LA -100054, held by Fremont Indemnity
Company, in the amount of $988,110.00.
AWARD OF CONTRACT - MAINTENANCE OF LANDSCAPING
CITY PARKSITES (CALIFORNIA LANDSCAPE)
(38) Written Communications:
(74) Report dated August 18, 1981, from the Director of Public
Works, forwarding the results of bids received on August 12,
1981.
-2- 8/18/81
347
Award of Contract:
The contract was awarded to California Landscape for the
maintenance of landscaping in various City parksites in the
amount of $22,222 annually, and all other bids received were
rejected. The Mayor and City Clerk were authorized to execute
the contract on behalf of the City.
7. AWARD OF CONTRACT - INTERIOR MODIFICATIONS TO EXISTING
EQUIPMENT BUILDINGS (PUBLIC WORKS)
(38) Written Communications:
(74) (1) Report dated August 18, 1981, from the Director of
Public Works, forwarding the results of bids received
on August 12, 1981, and recommending that award of the
contract be resubmitted at a later date to allow staff
to review with the low bidder the terms of the contract
and qualifications of the contractor and sub -contractor.
The report will be reconsidered at the meeting of September 1,
1981.
PUBLIC HEARINGS
1. REVIEW OF FISCAL BUDGET FOR THE FIVE YEARS BEGINNING
JULY 1, 1981, AND ENDING JUNE 30, 1986 (CONTINUATION)
This Public Hearing was continued from the meeting of
August 4, 1981.
(24) Proposal:
Review of proposed departmental operating budgets and
proposed budgets for Commissions, Boards, Committees and
Community Organizations for the five-year period beginning
July 1, 1981, and ending June 30, 1986.
Written Communications:
(1) Report dated August 18, 1981, from the City Manager.
Public Hearing:
Notice having been given as required by law, Mayor Pro Tem
Buchheim opened the Public Hearing and the following
persons responded:
(1) Doris Lindsay, Manager of the Chamber of Commerce
stated that the requested increase from $13,700 to
$16,500 was due to employee benefit costs.
(2) Julie Pozzetta, representing the Laguna Beach Youth
Shelter, 508 St. Ann's, Laguna Beach.
(3) Anne Schauwecker, representing the Historical Society.
Mayor Pro Tem Buchheim noted that a request for $20,000
had been received from San Juan Beautiful, Inc.
There being no further response, the Public Hearing was
continued to the meeting of September 1, 1981, at 7:00 P.M.,
in the City Council Chamber.
2. REQUEST FOR TRAFFIC
ON PRIVATE STREETS
(61) Proposal:
(85) Petition by the Board of Directors of the Casa de Capistrano
(87) Homeowners' Association for application of Vehicle Code
Section 21107 to provide vehicular traffic enforcement on
privately -owned and maintained streets.
-3- 8/18/81
3 43-
Written Communications:
(1) Report dated August 18, 1981, from the Director of
Public Works.
Councilman Friess arrived at 7:09 P.M. and assumed his duties
Applicant:
Casa de Capistrano Homeowners' Association, 26414 Paseo
Pamela.
Public Hearing:
Notice having been given as required by law, Mayor Pro Tem
Buchheim opened the Public Hearing and, there being no
response, declared the Hearing closed.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following Resolution be adopted:
RESOLUTION NO. 81-8-18-1, VEHICLE.CODE ENFORCEMENT -
CASA DE CAPISTRANO DEVELOPMENT - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING FOR APPLICATION OF THE CALIFORNIA
VEHICLE CODE TO PRIVATE STREETS IN THE CASA DE
CAPISTRANO DEVELOPMENT (TRACT 7251)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
3. APPROVAL OF SPECIFIC PLAN 81-2, LOCATED AT VALLE ROAD AND
SOUTH OF SAN JUAN CREEK ROAD (CAPISTRANO TERRACE MOBILE
,,1,.11 ,,,,"%
(25) Proposal:
(46) Approval of Specific Plan 81-2 to provide for the location
of housing, together with regulations establishing setback
limits within the Capistrano Terrace Mobile Home Park,
pursuant to Government Code Section 65451.
Written Communications:
(1) Report dated August 18, 1981, from the Director of
Community Planning and Development, forwarding the
recommendation of approval made by the Planning
Commission on July 14, 1981.
(2) Letter dated July 2, 1981, from J. W. Farrel, Fire
Protection Analyst, Orange County Fire Department,
P. O. Box 86, Orange, 92666, providing recommendations
to compensate for deficiencies in water availability
at the Park.
Exhibits were on display, and the Director of Community
Planning and Development presented an amendment to
Development Regulation No. 7.
Applicant:
Capistrano Terrace Associates, c/o Glen Fishback, Lingo
Real Estate, 1110 Glenneyre Street, Laguna Beach, 92651.
Public Hearing:
Notice having been given as required by law, Mayor Pro Tem
Buchheim opened the Public Hearing and the following persons
responded:
-4- 8/18/81
(1) Glen Fishback, managing partner of the Park, supported
the proposal and the amended Finding No. 7 regarding
existing mobilehomes, as well as the improvements
required by the Conditions of Approval. Mr. Fishback
requested that Council consider approving a bond deposit
for park improvements.
(2) Aaron Powers, Mobile Home Park Review Committee Member,
endorsed the proposal and urged increased fire protection.
There being no further response, Mayor Pro Tem Buchheim
closed the Public Hearing.
Approval of Specific Plan:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following Resolution be adopted:
RESOLUTION NO. 81-8-18-2, SPECIFIC PLAN 81-2
(CAPISTRANO TERRACE MOBILE HOME PARK) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
SPECIFIC PLAN 81-2 (CAPISTRANO TERRACE
MOBILE HOME PARK)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
The Resolution approves Specific Plan 81-2 subject to
conditions for fire protection improvements, roof and
siding colors and reflectivity, and landscape improvements.
There was a concurrence of Council that Mr. Fishback may
return with a request for permission to post an improvement
bond, if necessary.
4. APPROVAL OF TENTATIVE TRACT 10375, LOCATED AT SOUTHWEST
CORNER OF CALLE ASPERO AND DEL OBISPO STREET (ROMER)
(85) Proposal:
A subdivision of approximately 3.06 acres of land into eight
single-family lots with a minimum lot size of 10,000 square
feet on property located at the southwest corner of
Del Obispo Street at Calle Aspero known as Assessor's Parcel
No. 673-111-15.
Applicant:
Francis C. Romer, 2018 Colorado Avenue, Santa Monica,
90404.
Written Communications:
(1) Report dated August 18, 1981, from the Director of
Community Planning and Development, forwarding the
recommendation of approval made by the Planning
Commission on July 28, 1981.
Discussion:
Exhibits were on display and the Director of Community
Planning and Development made an oral presentation citing
conditions for grading to natural contours, application of
the Hillside Development Guidelines, and Planning Commission
review of grading for individual residences, as well as
restrictions on architectural treatments.
-5- 8/18/81
350
Council expressed concern with provisions for access, visual
impacts of street -facing walls of residences and landscaping,
possible disruption of utility services to surrounding homes,
protection of sidewalks during grading operations, and
restrictions on types of architecture. Council concurred
that installation of protective fencing during grading
operations would be added as a condition of approval.
Amendments to Conditions of Approval:
The Director of Community Planning and Development provided
the following amendments to the wording of the Conditions
of Approval:
17. Individual Residential Grading Plans: Grading plans
for individual residences and other accessory structures
as defined by the Municipal Code shall be reviewed and
approved by the Planning Commission in order to: (1)
adequately address impacts associated with the prominent
visibility of the property, with special emphasis on
mitigating the visual impact of dwellings as viewed from
the downhill side; (2) protect adjacent residential
neighborhood from potential view blockage; and (3) to
preserve the natural contours of the site to the greatest
extent possible.
18. Protective Fencing: A chain-link fence meeting the
requirements of the Public Works Department shall be
constructed along Calle Aspero and Del Obispo Street
to protect adjacent public areas during grading
operations.
Public Hearing:
Notice having been given as required by law, Mayor Pro Tem
Buchheim opened the Public Hearing and the following persons
responded:
(1) Miles Anderson, 27592 Brookside Lane, representing the
applicant, stated there was no objection to the conditions
nor to installation of protective fencing.
(2) Jim Arnold, 25991 Calle Ricardo, expressed appreciation
for the consideration given to visual impacts.
There being no further response, Mayor Pro Tem Buchheim
declared the Public Hearing closed.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer that the following Resolution be adopted, with the
inclusion of the amended Condition No. 17 and the added
Condition No. 18.
RESOLUTION NO. 81-8-18-3
AT
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 10375
(ROMER)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
Council expressed appreciation for Mr. Romer's continued
maintenance of the jacaranda trees along Calle Aspero.
8/18/81
5. PROPOSED
. MUNICIPAL
ITION OF SECTION
DE - ESTABLISHIN(
nF HILLSIDE CUS'
9-3.623 TO
35
TLE 9 OF THE
(55) Proposal:
Introduction of an Ordinance to regulate exterior color and
reflectivity of hillside custom homes located 150 feet or
more above sea level to encourage the blending of hillside
development into surrounding areas.
Applicant:
This is a City -initiated Hearing.
Written Communications:
(1) Report dated August 18, 1981, from the Director of
Community Planning and Development, forwarding the
recommendation of approval made by the Planning
Commission on July 28, 1981.
The Director of Community Planning and Development made an
oral presentation, noting that all decisions of the
Environmental Review Board may be reviewed by the City Council.
Public Hearing:
Notice having been given as required by law, Mayor Pro Tem
Buchheim opened the Public Hearing and the following persons
responded:
(1) Marilyn Williams, 29931 Camino Capistrano, spoke in
opposition to the Ordinance, citing concerns with
distance above sea level, enforcement, and changes of
ownership.
(2) Walter Wood, 25801 Paseo de la Paz, suggested that
roofs and solar installations and landscaping also be
considered and recommended that a workshop be held with
architects, builders, and staff.
There being no further response, Mayor Pro Tem Buchheim
closed the Public Hearing.
Referral to Ad Hoc Committee:
There was a concurrence of Council that the proposed
Ordinance and solar roof installations be considered by an
ad hoc committee composed of Councilman Friess, Walter Wood
and staff with a report to be provided to Council at the
meeting of September 15, 1981.
MOTION TO READ BY TITLE ONLY
Since a four-fifths quorum was not present at the beginning of
the meeting and pursuant to the recommendation of the City Attorney,
Council took the following action:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilman Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES. None
ABSENT: Mayor Schwartze
-7- 8/18/81
352
ORDINANCES
1. PROPOSED AMENDMENT TO TITLE 2, SECTION 2-2.902 OF THE
MUNICIPAL CODE - MOBILE HOME PARK RENT FORMULAE
(INTRODUCTION)
(23) Written Communications:
(55) (1) Report dated August 18, 1981, from the City Attorney,
forwarding a proposed amendment to Section 2-2.902 of
the Municipal Code for the purpose of clarifying language
pertaining to the maximum allowable increases in the
mobile home park rent formulae.
Council concurred with the suggestion of Councilman Friess
that the Ordinance be amended to read as follows: -
Section 2-2.902 (d) 1, Subparagraph 3:
"Multiply that product by a factor of 1.1 to arrive ."
Section 2-2.902 (d) 2, Subparagraph 3:
"Multiply the above 'Modified CPI -U' by a factor of
1.1 to arrive . ."
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 Friess,
seconded by Councilman Hausdorfer that the following Ordinance
be introduced:
ORDINANCE NO. 430, AMENDING TITLE 2, CHAPTER 2
kMUD1J,h MUMr, YAl-(A KrLVlISW l;UlW11TT1'E) - AN UhOINANU
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 2, CHAPTER 2, ARTICLE 9, SECTION
2-2.902 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
(MOBILE HOME PARK REVIEW COMMITTEE)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
Mrs. Alice Lanting, Manager, E1 Nido Mobile Estates,
addressed the Council to request assistance in determining
allowable rent increases when space rents differ within,a
Park and each space has an individual anniversary date.
There was a concurrence of Council that the question of _
allocating rent increases be referred to the Mobile Home
Park Review Committee for determination and report.
RESOLUTIONS
1. CONFIRMING 1981 LANDSCAPE MAINTENANCE CHARGES -
(74) Written Communications:
(1) Resubmittal of the Report dated August 4, 1981, from
the Director of Public Works.
(2) Report dated August 18, 1981, from the Director of
Public Works, providing background information on the
establishment of landscape maintenance districts and
providing cost factors for such districts.
-8- 8/18/81
353
Deferral to August 25, 1981:
Council concurred with the suggestion of Councilman Hausdorfer
that final consideration of the assessments be deferred until
August 25, 1981, with a meeting to be scheduled in the San
Juan Hot Springs Dance Hall.
2. APPROVAL OF AMENDMENTS TO THE 1980-81 FISCAL BUDGET
AND AUTHORIZING APPROPRIATIONS
(24) Written Communications:
(1) Report dated August 18, 1981, from the Assistant
City Manager/Director of Administrative Services,
forwarding a schedule of fund appropriations for the
1980-81 budget, pursuant to approved budget changes
during the fiscal period, in the amount of,$928,925.00.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following Resolution be adopted:
RESOLUTION NO. 81-8-18-4, AMENDING THE 1980-81
FISCAL BUDGET AND AUTHORIZING APPROPRIATIONS -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
1980-81 FISCAL BUDGET AND AUTHORIZING APPROPRIATIONS
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
3. APPROVAL OF APPROPRIATION LIMITS - 1981-82 FISCAL YEAR
(24) Written Communications:
(86) (1) Report dated August 18, 1981, from the Assistant City
Manager/Director of Administrative Services, forwarding
a proposed Resolution establishing a limitation on the
amount of proceeds from taxes which may be appropriated
for expenditures, pursuant to Article 13B of the State
Constitution.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 81-8-18-5, ESTABLISHING APPROPRIATION
LIMITS - 1981-82 FISCAL PERIOD - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING APPROPRIATION LIMITS FOR
1981-82 FISCAL PERIOD
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
The Resolution establishes an appropriation limit for the
1981-82 fiscal period in the amount of $10,647,200.00.
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354
4. APPROVAL OF SENATE BILL 821 GRANT APPLICATION
FOR VEREDA BIKEWAY
(41) Written Communications:
(62) (1) Report dated August 18, 1981, from the Administrative
Assistant to the City Manager, forwarding an application
for $125,000 in regional grant funds for 1,500 linear
feet of bikeway trail under the San Juan Creek Freeway
Bridge.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 81-8-18-6, APPLICATION FOR SENAT
BILL 821 REGIONAL GRANT FUNDS - VEREDA BIKEWAY
LINK - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE APPLICATION FOR SENATE BILL
821 REGIONAL GRANT FUNDS FOR THE VEREDA BIKEWAY
LINK
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
5. APPROVAL OF SENATE BILL 821 GRANT APPLICATION FOR
PURCHASE OF BIKE TRAIL SIGNS
(41) Written Communications:
(62) (1) A report dated August 18, 1981, from the Administrative
Assistant to the City Manager, forwarding an application
for $4,200 in regional grant funds for the purchase of
bicycle trail signs for newly developed trails.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 81-8-18-7, APPLICATION FOR SENATE
BILL 821 LOCAL GRANT FUNDS FOR PURCHASE OF BIKEWAY
.711i1V .1 - h 1[GJVLUIIVLV VL '1'R l+ V11'Y LVULV l..1L Vl '1'h t'.
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
APPLICATION FOR SENATE BILL 821 LOCAL GRANT FUNDS
FOR THE PURCHASE OF BIKEWAY SIGNS
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
6. ASSESSMENT DISTRICT 80-2 - APPROVAL OF BOUNDARIES
AND DEBT LIMIT REPORT (McCRACKEN HILL)
(74) Proposal:
Approval of documentation necessary for the implementation
of an assessment district to provide a sewer system for the
area known as McCracken Hill, pursuant to the Municipal
Improvement Act of 1913 and the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931,
Divisions of the State Streets and Highways Code.
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355
Written Communications:
(1) Report dated August 18, 1981, from the Director of
Public Works.
tation of Boundaries of Assessment District and
of Works of Improvement Proposed to be Constructed:
Walt Hamilton, Willdan Associates Assessment Engineer, made
the presentation and defined the extent of improvements.
Approval of Boundary ap:
It was moved by CouncMilman Hausdorfer, seconded by
Councilman Friess that the following Resolution be adopted:
RESOLUTION NO. 81-8-18-8, BOUNDARY MAP,
DCQWQQM7MM nTCTRTrT Pn-i lmrrpnrVR.0 HTT.T.i -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
A MAP SHOWING THE GENERAL NATURE AND
LOCATION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT
AND SHOWING THE PROPOSED BOUNDARIES OF THE
ASSESSMENT DISTRICT TO BE ASSESSED FOR SAID
IMPROVEMENT - ASSESSMENT DISTRICT 80-2
(McCRACKEN HILL)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
The Resolution adopts a map designating the boundaries of
lands and property to be assessed to pay costs and expenses
of the proposed improvements; directs that a.certified copy
of the map be filed with the County Recorder within 15 days;
approves bond financing; establishes a special fund for
deposit of all proceeds.
Approval of Appointments:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
UTION NO. 81-8-18-9. APPOINTMENT OF
UlbrAlUT ou-L rilLLJ - 11 ktz)ULUTlUN
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DESIGNATING PERSONS
TO PERFORM VARIOUS DUTIES FOR SPECIAL
ASSESSMENT PROCEEDINGS - ASSESSMENT DISTRICT
80-2 (MCCRACKEN HILL)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
The Resolution appoints William D. Murphy as Superintendent
of Streets, F. MacKenzie Brown as bond counsel, and
designates the Daily Sun -Post as the newspaper for all
publications.
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356
Approval of Preliminary Determination:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following Resolution be adopted:
ON NO. 81-8-18-10, PRELIMINARY
ATION OF IMPROVEMENTS. ASSESSM
DISTRICT 80-2 (McCRACKEN HILL) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, COVERING PRELIMINARY
DETERMINATION AND ORDERING THE PREPARATION OF
A REPORT ON SAID IMPROVEMENT - ASSESSMENT
DISTRICT 80-2 (McCRACKEN HILL)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
The Resolution approves the proposed construction and
installation of certain grading, earthwork, sanitary sewer
lines, and house laterals and drainage facilities and
easements, and directs that an Improvement Report be
prepared.
Presentation of Debt Report:
Mr. Hamilton, Assessment Engineer, reviewed the Debt Report,
including the method and formulation of the assessment
spread.
Approval of Debt Report and Public Hearing Date:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following Resolution be adopted:
RESOLUTION NO. 81-8-18-11, APPROVAL OF DEBT
DISTRICT 80-2 (McCRACKEN HILL) -
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REPORT
UNDER THE "SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931",
AND FIXING A DATE OF HEARING THEREON FOR
OCTOBER 6, 1981 - ASSESSMENT DISTRICT 80-2
(McCRACKEN HILL)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
The Resolution sets a Public Hearing for October 6, 1981,
at 7:00 P.M., in the City Council Chamber.
BIDS, CONTRACTS, AGREEMENTS
1. SELECTION OF CONSULTANT - LAND USE AND CIRCULATION PLAN
FOR AREA A OF CENTRAL BUSINESS DISTRICT (ARCHIPLAN)
(37) Written Communications:
(38) (1) Report dated August 18, 1981, from the Director of
Community Planning and Development, forwarding the
results of proposals received for the preparation of
a Land Use and Circulation Plan for Area A of the
City's Central Busines's District.
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Approval ofAgrm
eeent:
It was moved by Councilman Friess,
Hausdorfer and unanimously carried
with Archiplan, 1545 Wilcox Avenue,
in an amount not to exceed $18,500,
Mayor and City Clerk to execute the
the City.
2. EXTENSION OF CONSULTANT AGREEMENT
357
seconded by Councilman
to approve the Agreement
Los Angeles, 90028,
and to authorize the
Agreement on behalf of
AGRICULTURAL
(38) Written Communications:
(68) (1) Report dated August 18, 1981, from the City Manager.
Approval of Time Extension:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve an
extension of time from August 31, 1981, to December 31,
1981, for the Agreement for Agricultural Preservation
Services previously entered into between the City and
Dr. James Thorpe, with the same rate and expenditure
limits to apply.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. FORSTER CANYON PLANNED COMMUNITY - PUBLIC/INSTITUTIONAL
(78) Written Communications:
(85) (1) Report dated August 18, 1981, from the Director of
Community Planning and Development.
(2) Letter dated June 20; 1981, from Gordon G. Getchel,
Principal, 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.
Applicant:
Arosa Development and Management, Inc., 2915-C Red Hill
Avenue, Costa Mesa, 92627.
Rick Goecher, representing Arosa Development, addressed the
Council in support of the request.
Denial of Request Without Prejudice:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to deny the request for
identification of a specific parcel of land for a future
school site without prejudice.
RECESS AND RECONVENE
Council recessed at 9:12 P.M. and reconvened at 9:22 P.M.
2. DWELLING ENCROACHMENT/OPEN SPACE
(85) Proposal:
LOT 31
A request for permission to develop a residence and barn
in the OS (Open Space) District on which development rights
have been dedicated to the City, with access proposed from
the emergency access drive connecting Mission Hills Drive
with Hillside Terrace.
Written Communications:
(1) Report dated August 18, 1981, from the Director of
Community Planning and Development.
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353
Applicant:
Art Lavagnino, Architect, 32302 Camino Capistrano, on behalf
of the property owner, James Carmack, P. O. Box 565, E1 Toro,
92630.
Discussion:
Art Lavagnino addressed the Council in support of the
proposal and stated that the barn area would be a stable
adjacent to the Mission Hills equestrian facility and that the
development would not block views or change natural landforms.
The Director of Community Planning and Development advised
that Tract 6381 is the only tract with Open Space easements.
Council discussed the possibility of an exchange of Open
Space easement area, expressed concern with the request for
use of emergency road access, indicated that a stable on
the padded area would be acceptable, and noted that the
project would require re -zoning review by the Planning
Commission. Mr. Lavagnino stated that the applicant would
be willing to release some Open Space easement area subject
to re -zoning.
Denial of Request:
There was a concurrence of Council that the request for
approval of residential development in the Open Space District
be denied; subject to the applicant processing the request
through the re -zoning process, Council will consider use of
Open Space for the equestrian facility.
3. GENERAL PLAN AMENDMENT 81-3 - ADDITION OF ITEMS D
(BATHGATE PROPERTY) AND E (SCHOOL SITE)
(46) Proposal:
Inclusion of the following items within General Plan
Amendment 81-3:
Item D - Bathgate Ranch, a proposed change in land use
and circulation designations for 75 acres of
land located at the north City limits to
accommodate an office/research park.
Item E - School Sites, a comprehensive review of school
site planning to consider designation of future
sites on the General Plan.
Written Communications:
(1) Report dated August 18, 1981, from the Director of
Community Planning and Development.
Applicants:
K. K. Bathgate, 14049 East Marvista, Whittier, 90602, and
William A. Bathgate, Partner, Bathgate & Bathgate,
P. 0. Box 217, San Juan Capistrano, 92693,
both represented by Ronald W. Martin and Associates,
1895 Newport Boulevard, Costa Mesa, 92626.
Addition to General Plan Amendment 81-3:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve the
addition of Items D (Bathgate Property) and E (School Site
Study) to General Plan Amendment 81-3 for referral to the
Planning Commission for report and recommendation.
4. APPROVAL OF ROOF MATERIAL - ORTEGA EQUESTRIAN CENTER
(BRABANT PROPERTIES)
(23) Written Communications:
(95) (1 Report dated August 18, 1981, from the Director of
Community Planning and Development, forwarding a
request for approval of proposed roofing material
for the Ortega Equestrian Center.
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Applicant:
Jon Pugh, Brabant
Santa Ana, 92705.
Properties, One Brookhollow Drive,
359
Approval:
It was moved by Councilman Hausdorfer, seconded by
Councilman Bland and unanimously carried to approve a dark
brown composition shingle roofing material for the modular
barn and stable buildings.
DIRECTOR OF PUBLIC WORKS
1.
STATUS OF SENATE BILL 201 IMPLEMENTATION - SCHOOL
(55) Written Communications:
(95) (1) Report dated August 18, 1981, from the Director of
Public Works, forwarding a copy of an agenda item
to be presented to the Capistrano Unified School
District's Board of Trustees at their meeting of
August 17, 1981.
With the concurrence of Council, Mayor Pro Tem Buchheim
ordered the report received and filed.
2. STATUS REPORT - SAN ONOFRE EMERGENCY RESPONSE PLAN (SONGS)
(89) Written Communications:
(1) Report dated August 18, 1981, from the Director of
Public Works, providing a review of the curent status
of the San Onofre Emergency Response Plan.
The Director of Public Works advised that a thorough public
relations campaign is being urged prior to any equipment
tests by the utility companies.
With the concurrence of Council, Mayor Pro Tem Buchheim
ordered the report received and filed.
DIRECTOR OF RECREATION
1. STATUS REPORT - MARCO FORSTER JUNIOR HIGH SCHOOL LIGHTING
(62) Written Communications:
(78) (1) Report dated August 18, 1981, from the Director of
Recreation, providing a review of the current status
of the improvements to the athletic fields and tennis
court lighting.
With the concurrence of Council, Mayor Pro Tem Buchheim
ordered the report received and filed.
COMMISSIONS, BOARDS,COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF AUGUST 11, 1981
(67) With the concurrence of Council, Mayor Pro Tem Buchheim
ordered the Report of Actions taken by the Planning
Commission on August 11, 1981, received and filed.
COUNCIL ACTIONS
1. MOBILE HOME PARK REVIEW COMMITTEE - RESIGNATION (POWERS)
(23) Mayor Pro Tem Buchheim advised that Aaron Powers -had
tentatively resigned as a Member of the Mobile Home Park
Review Committee. The City Clerk was directed to advertise
the vacancy.
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360
2. ARCHITECTURAL BOARD OF REVIEW
(23) Re -Appointment of Members:
It was moved by Councilman Hausdorfer and seconded by
Councilman Bland that the current Members of the
Architectural Board of Review (James Allen, Carolyn Nash,
and Wayne Penny, Jr.) be re -appointed to an additional
term of office ending June 30, 1982. The motion carried
by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Pro Tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
Municipal Code Amendment:
It was moved by Councilman Hausdorfer, seconded by
Councilman Bland and unanimously carried that staff prepare
an amendment to Title 2 of the Municipal Code to provide
that the Architectural Board of Review shall be composed
of three Members.
RECESS AND RECONVENE
Council recessed at 9:55 P.M., in order to convene as the
Board of Directors of the Meredith Canyon Slope District, and
reconvened at 9:58 P.M.
COUNCIL REMARKS
1. SHERIFF FACILITIES
(70) Council concurred with the request of Councilman Hausdorfer
that a presentation be made with regard to Sheriff services
and costs, in order to determine the feasibility of
supporting a new South County Sub -Station with holding
facilities.
CLOSED SESSION
Council recessed to Closed Session at 10:01 P.M. for discussion
of legal matters, the City Clerk being excused therefrom, and
reconvened at 10:30 P.M.
ADJOURNMENT
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland and unanimously carried that the meeting be adjourned to
Tuesday, August 25, 1981, at 7:00 P.M. in the San Juan Hot
Springs Dance Hall to consider the assesments for Landscape
Maintenance Districts.
Respectfully submitted,
RY ANN NOV� CITY CLERK
ATTEST:
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