81-0901_CC_Minutes_Regular Meeting3 68 -
SEPTEMBER 1, 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
7:00 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Chuck Olson,
Coast Bible Church.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Lawrence F. Buchheim, Mayor pro tem
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
ABSENT: Gary L. Hausdorfer, 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 August 18, 1981
It was moved by Councilman Buchheim, seconded by Councilman
Friess that the Minutes of the Regular Meeting of August 18,
1981, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Bland,
and Buchheim
NOES: None
ABSTAIN: Mayor Schwartze
ABSENT: Councilman Hausdorfer
Adjourned Regular Meeting of August 25, 1981
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the Minutes of the Adjourned Regular Meeting of
August 25, 1981, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Friess, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Bland that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
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364
COMMENDATIONS
1. SAN JUAN CAPISTRANO BOY SCOUT TROOP NO. 12 -
EAGLE SCOUT AWARDS
(36) Written Communications:
(1) Report dated September 1, 1981, from the City Clerk,
forwarding Certificates of Commendation for Members of
Troop 12, who were recently advanced to Eagle Scout
rank.
Presentation:
Mayor Schwartze noted the numbers of awards received by
Eagle Scouts Erik Frey Husoe, Jerry Ponce (Jeronimo Ponce
de Leon Beltran, Jr.) and Byron I. Rainwater and presented
the Commendations with Council's congratulations.
Council also recognized Mrs. Dorothy Johnson, Troop Board
Member and Treasurer, and Bob Rainwater, Scout Master, for
their service to the Troop and community.
Bill Bathgate noted that Troop 12 is sponsored by the local
Rotary Club.
CONSENT CALENDAR
It was moved by Councilman Bland, and seconded by Councilman
Buchheim that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
1. APPROVAL OF WARRANTS
(41) The List of Demands dated September 1, 1981, Warrant Register
No. 82-031, in the total amount of $269,142.41, was approved
as submitted.
2. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
AUGUST 25, 1981
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of August 25, 1981, was ordered received and
filed.
3. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
ATT( TIOT 9A 1 041
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of August 24, 1981, was ordered received and
filed.
4. REPORT OF PARKS AND RECREATION COMMISSION MEETING
OF AUGUST 17, 1981
(62) The Report of Actions taken by the Parks and Recreation
Commission at the meeting of August 17, 1981, was ordered
received and filed.
5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS
OF AUGUST 12, 1981, AND AUGUST 26, 1981
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meetings of August 12, 1981, and August 26,
1981, was ordered received and filed.
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365
6. CITY YARD, MODIFICATIONS OF EXISTING EQUIPMENT
BUILDINGS - AWARD OF CONTRACT (R. G. CONSTRUCTION
(38) Written Communications:
(74) (1) Report dated September 1, 1981, from the Director of
Public Works, forwarding the results of bids received
on August 12, 1981, for interior modifications to City
Yard buildings.
Award of Contract:
The contract was awarded to R. G. Construction Company of
Costa Mesa, in the total amount of $35,771.25. All other
bids were rejected, and staff was authorized to return the
bid deposits.
7. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT,
EXCLUSIVE OF LANDSCAPING - ASSESSMENT DISTRICT 78-3,
ORTEGA PROPERTIES (CLARKE CONTRACTING CORPORATION)
(38) Written Communications:
(74) (1) Report dated September 1, 1981, from the Director of
Public Works, advising that the construction of Ortega
Properties Assessment District improvements had been
completed to the satisfaction of the City Engineer,
with the exception of landscaping and irrigation.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 81-9-1-1, COMPLETION OF
ASSESSMENT DISTRICT 78-3. EXCLUSIVE OF
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF
ASSESSMENT DISTRICT 78-3, EXCLUSIVE OF
LANDSCAPING AND IRRIGATION (ORTEGA PROPERTIES)
The Resolution accepts the improvements with the exception
of landscaping and irrigation systems and directs the City
Clerk to forward the Notice of Completion to the County
Recorder within 10 days.
Payment status is as follows:
Total Construction Costs to Date $4,115,923.70
Less 10% Retention 411,592.37
Total Due to Date 3,704,331.30
Less Previous Payments 3,637,910.11
Balance Due this Payment $ 66,421.23
The following payments are to be made 35 days after
recordation of the Notice of Completion:
10% Retention $ 411,592.37
Residual Funds Retained to Date 25,100.00
Funds to be Released $ 386,492.37
Staff was authorized to make the payments as indicated,
conditioned upon no liens being filed against the
contractor.
8. ARTERIAL HIGHWAY FINANCING PROGRAM -
ANNUAL REQUALIFICATION
(44) The following Resolution was adopted, as forwarded by the
Director of Public works:
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366
RESOLUTION NO. 81-9-1-2, ARTERIAL HIGHWAY
FINANCING PROGRAM - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING ANNUAL REQUALIFICATION
FOR PARTICIPATION IN THE COUNTY'S ARTERIAL
HIGHWAY FINANCING PROGRAM
The Resolution advises that the City's Circulation Element
is in conformance with the County Master Plan of Arterial
Highways, with the exception of Junipero Serra Road and
Horno Creek Road which are currently being evaluated for
additional review and study.
9. ACCEPTANCE OF SEWERLINE EASEMENT, TRACT 7673
(HARRISON HOUSE)
(23) Staff advised that the Easement had been granted to the
(73) City on August 21, 1978, and no action was required.
PUBLIC HEARINGS
1. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE RE
MOBILEHOME PARK ZONING SUFFIXES AND APPROVAL OF
REZONE 81-5A (RANCHO DEL AVION MOBILEHOME PARK)
(23) Proposal:
(25) (1) An amendment to Title 9 of the Municipal Code to
(55) provide for the addition of the following suffixes to
(95) the Mobilehome Park zoning designation: MHP -A (adult);
MHP -F (family); MHP -S (subdivision); and MHP -C
(condominium).
(2) Rezone of the Rancho del Avion Mobilehome Park from
MHP to MHP -F.
Written Communications:
(1) Report dated September 1, 1981, from the Director of
Community Planning and Development, advising that the
Planning Commission Public Hearing had been held and
a recommendation of approval made at the meeting of
August 11, 1981.
(2) Letter dated August 27, 1981, from Vera Kenway,
Secretary, Chapter 803, Golden State Mobilehome Owners
League, 32371 Alipaz Street, stating support for the
proposed Municipal Code Amendment.
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 proposal:
1. Gerald Gibbs, Attorney at Law, representing
Rancho del Avion residents.
2. Ruth Willet, Rancho del Avion.
3. Al Arps, 32302 Alipaz Street, Space #158.
4. Ralph and Peg Capone, 32742 Alipaz Street,
Space #24.
5. Ruth Miller, 32742 Alipaz Street.
The following person spoke in opposition to the proposal:
1. Walter Talley, Attorney at Law, representing
Tony Gregory, owner of Rancho del Avion Mobile
Estates.
There being no further response, the Hearing was closed.
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367
Approval of amendment to Title 9;
Introduction of Ordinance No. 431:
The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman Buchheim,
seconded by Councilman Friess that the following Ordinance
be introduced:
ORDINANCE NO. 431, AMENDMENT TO TITLE 9,
SECTION 9-3.408 OF THE MUNICIPAL CODE -
SPECIAL MHP SUFFIXES - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING PARAGRAPHS (h) THROUGH (n) TO
TITLE 9, CHAPTER 3, ARTICLE 4, SECTION
9-3.408 OF THE MUNICIPAL CODE, ESTABLISHING
PROVISIONS FOR USE OF SPECIAL SUFFIXES WITH
THE MHP (MOBILEHOME PARK) ZONING DESIGNATION
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
al of Rezone 81-5A
uction of Ordinanc
order. Further reading
earlier in the meeting.
seconded by Councilman
be introduced:
ORDINANCE NO. 432
cho del Avion Mobilehome Park
32:
e of the Ordinance next in
ordinances had been waived
moved by Councilman Friess,
that the following Ordinance
of all
It was
Buchheim
REZONE 81-5A (RANCHO DEL
!iV.LULy 1.1VII1Lr.rlUllr. e1AAn) - tiry VKL11VEfLVI.r. Ur- 'i'nr,
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 (RANCHO DEL AVION MOBILEHOME
PARK)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE RE
MOBILE AND MODULAR HOMES IN SINGLE-FAMILY RESIDENTIAL
DISTRICTS
(23) Proposal:
(25) (1) Approval of amendments to Title 9 of the Municipal
(55) Code to permit mobile and modular homes on a foundation
on lots zoned for single-family dwellings to provide
affordable housing opportunities and establishing
development standards therefor, pursuant to Government
Code Section 65852.3.
(2) Adoption of a Resolution providing for definitions of
"Mobilehome or Manufactured Home" and "Modular or Factory
Built Home" within Chapters 1 through 4 of Title 9 of
the Municipal Code.
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Written Communications:
(1) Report dated September 1, 1981, from the Director of
Community Planning and Development, forwarding the
recommendation of approval made by the Planning
Commission at their meeting of August 11, 1981.
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 proposal:
1. Cathy Moseley, 32742 Alipaz Street, Space #104.
2. Ruth Willet, Rancho del Avion.
There being no further response, the Hearing was closed.
Introduction of Ordinance No. 433:
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 introduced:
ORDINANCE NO. 433. AMENDMENT TO TITLE 9
l,;RtiY'rnn .], Yi .L ll.Ln 4 Ur 'znn MULy.LtJlrr\L I:ULtn -
MOBILEHOMES AND MODULAR HOMES IN SINGLE-FAMILY
RESIDENTIAL DISTRICTS - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 9, CHAPTER 3, ARTICLE 4, OF THE
MUNICIPAL CODE TO PERMIT THE INSTALLATION OF
MOBILEHOMES AND MODULAR HOMES ON A FOUNDATION
SYSTEM ON LOTS ZONED FOR SINGLE-FAMILY DWELLINGS
AND TO ESTABLISH DEVELOPMENT STANDARDS FOR
SINGLE-FAMILY DWELLINGS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 81-9-1-3, AMENDMENT TO LAND
USE CODE DEFINITIONS - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE DEFINITION OF MOBILEHOME
OR MANUFACTURED HOME
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
The issue of requiring fire -retardant roofs, as recommended
by the Mobile Home Park Review Committee, was referred to
the Public Works Department for further study.
9/1/81
3.
JUL
OF FISCAL BUDGET FOR THE FIVE YEAR PERIOD
369
This Public Hearing was continued from the meeting of August 18,
1981.
(24) Proposal:
Review of proposed Capital Projects budget for the five-year
period beginning July 1, 1981, and ending June 30, 1986.
Written Communications:
(1) Report dated September 1, 1981, from the City Manager,
forwarding the proposed Capital Projects budget outlays.
The City Manager reviewed the Capital Projects budget and
advised that requests had been received from the following
organizations:
Chamber of Commerce: An additional $2,000 for a
total budget request of $18,500.
WeTip: $1,000.
San Juan Beautiful: $20,000.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and the following persons responded:
1. Ronald Brown, Treasurer, San Juan Capistrano
Historical Society, supported the Society's
request;
2. Marilyn Williams, 29931 Camino Capistrano, supported
the Chamber of Commerce request; questioned the
use of Agriculture Preservation funds for drainage
purposes; inquired if allocations for legal services
had been increased. The Director of Administrative
Services advised that Agricultural Preservation
funds will be repaid at the rate of $100,000 per
year beginning with the 1982-83 fiscal year;
3. Jeff Vasquez, supported the request for funding of
a City documentary film.
There being no further response, the Hearing was closed.
Organizations:
The Director of Public Works advised that the request of San
Juan Beautiful is a formalization of an on-going project
with the organization providing trees and the Public Works
Department providing services.
There was a concurrence of Council that the requests submitted
by the Chamber of Commerce, WeTip, and San Juan Beautiful be
be included in the budget, with the funds allocated for
WeTip held pending receipt of a report from the Sheriff's
Department.
Civic Center:
Council concurred with the suggestion of Mayor Schwartze
that the City Manager be directed to report within 45 days
on options available for construction of a civic center.
Adoption of Resolution:
The following Resolution was adopted:
RESOLUTION NO. 81-9-1-4, ADOPTION OF FISCAL
BUDGET, 1981-86 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING A FIVE-YEAR FISCAL
PROGRAM AND BUDGET AND AUTHORIZING EXPENDITURES
AND APPROPRIATIONS RELATED THERETO
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370
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
4. HOUSING AND COMMUNITY DEVELOPMENT ACT
8TH YEAR APPLICATION AND COOPERATION AGREEMENT
(LOS RIOS AREA)
(23) Proposal:
(28) Approval of an application for 8th year Housing and
(89) Community Development Block Grant funds in the amount of
$540,400 to be used as follows:
Housing Cost Reduction, $226,300; Housing Rehabilitation,
$50,000; Public Facilities and Improvements, $264,100.
The funds will be used to continue implementation of the
Los Rios Precise Plan to provide for land acquisition,
sewer and street improvements, and augmentation of
existing rehabilitation funds.
Written Communications:
(1) Report dated September 1, 1981, from the Director
of Community Planning and Development, forwarding
a Cooperation Agreement between the City and the
County of Orange, pursuant to Title I of the Housing
and Community Development Acts of 1974 and 1977, and
a Project Description.
The Director of Community Planning and Development reviewed
the program and use of funds, cited meetings held by the Los
Rios Review Committee and Planning Commission and the fact
that public notices were mailed, published and posted, and
advised that residents are in agreement with the proposals.
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 Grant Application and Cooperation Agreement:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to concur with the n
recommendations of the Los Rios Review Committee and Planning
Commission by approval of the submittal of the Eighth Year
Grant Application in the amount of $540,400 and to approve
the Cooperation Agreement with the County of Orange. The
Mayor and City Clerk were authorized to execute the Agreement
on behalf of the City.
5. VACATION OF PORTION OF DEL OBISPO STREET
(91) Proposal:
Proposed vacation of a portion of Del Obispo Street
adjacent to the Vermuelen Farm created by the 1971 street
re -alignment, with public utility easements retained.
Written Communications:
(1) Report dated September 1, 1981, from the Director of
Public Works.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and the following persons responded:
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371
1. Mike Villegas, Member of the Traffic and
Transportation Commission, cited the need for a
sidewalk along Del Obispo Street. The Director of
Public Works noted that the City is retaining 42
feet of the right-of-way from the centerline and
the excess right-of-way is being returned to the
property owner.
2. Walter Wood, 25801 Pase de la Paz, supported
retention of the right-of-way by the City.
There being no further response, the Hearing was closed.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Bland that the following Resolution be adopted:
RESOLUTION NO. 81-9-1-5, VACATION OF PORTION
OF DEL OBISPO STREET - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ORDERING THE VACATION OF A PORTION OF
DEL OBISPO STREET DUE TO THE RE -ALIGNMENT OF
SAID STREET
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
The City Clerk was directed to record the Resolution on
behalf of the City.
ORDINANCES
1. AMENDMENT TO TITLE 2 OF THE MUNICIPAL CODE -
MOBILE HOME PARK RENT FORMULA (ADOPTION)
(23) Written Communications:
(25) (1) Report dated September 1, 1981, from the City Clerk,
(55) advising that the Ordinance was regularly introduced
at the meeting of August 18, 1981, and is scheduled
for adoption.
Adoption of Ordinance No. 430:
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. 430, AMENDING TITLE 2, CHAPTER 2
ARTICLE 9, SECTION -2-2.902 OF THE MUNICIPAL CO
(MOBILE HOME PARK REVIEW COMMITTEE) - AN ORDINANC
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, Bland,
and Buchheim
NOES: None
ABSTAIN: Mayor Schwartze
ABSENT: Councilman Hausdorfer
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372
AMENDMENT TO TITLE 2 OF THE MUNICIPAL CODE -
MEMBERSHIP OF THE ARCHITECTURAL BOARD OF REVIEW
(23) Written Communications:
(55) (1) Report dated September 1, 1981, from the Assistant
to the City Manager, forwarding a proposed Code
amendment reducing the Architectural Board of Review
to three Members, as directed by Council on August 18,
1981.
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 Buchheim that the following Ordinance
be introduced:
ORDINANCE NO. 434, AMENDMENT TO TITLE 2 OF THE
MUNICIPAL CODE - MEMBERSHIP OF ARCHITECTURAL
BOARD OF REVIEW - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
TITLE 2, CHAPTER 2, ARTICLE 2, SECTION 2-2.202
OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE -
MEMBERSHIP OF THE ARCHITECTURAL BOARD OF REVIEW
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
RESOLUTIONS
Councilmen Friess, Bland,
Buchheim and Mayor Schwartze
None
Councilman Hausdorfer
INTENT TO VACATE PORTION OF EASEMENT FOR STREET
AND HIGHWAY PURPOSES (CAPISTRANO INN)
(73) Written Communications:
(91) (1) Report dated September 1, 1981, from the Director of
Public Works, advising that due to the construction of
Paseo Espada by Assessment District 78-3, a portion
of the street and highway easement through property
owned by the Capistrano Inn is no longer required.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 81-9-1-6, INTENT TO VACATE
PORTION OF EASEMENT FOR STREET AND HIGHWAY
VTTR1D0(ZVq trAT)TgIPPANT(1 TTTATI - A TW(Z0T.TT1PTnNT !)'
THE
OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING ITS
INTENTION TO VACATE A PORTION OF AN EASEMENT
FOR STREET AND HIGHWAY PURPOSES
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
Public Hearing Date:
The Resolution sets a Public Hearing for the Meeting of
October 6, 1981, at 7:00 P.M. in the City Council Chamber.
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373
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT FOR USE OF PRIVATE ROAD (BROWN)
(38) Written Communications:
(1) Report dated September 1, 1981, from the Director of
Public Works, forwarding a proposed Agreement between
the City and Michael E. Brown, owner of Parcel 1,
recorded in Book 80, Pages 38 and 39 of Maps, providing
for use of Sacarama Lane, a private street, for access
to Aguacate Road.
Discussion:
Council suggested that an agreement
with the residents along the private
use of the road by Mr. Brown.
should be entered into
road agreeing to the
Marilyn Williams, 29931 Camino Capistrano, supported the
repair of the Oso Road Trabuco Creek crossing as the access
route and noted there are no provisions in the proposed
agreement for maintenance and repair of the private road.
Bill Bathgate, 29643 Camino Capistrano, urged repair of
Oso Road and denial of the Agreement.
John Williams, 31581 Aguacate Road, cited a street indicated
in the General Plan Circulation Element, noted that the
Division of Land which created the Brown parcel stated that
road access was to be retained across the parcel, and noted
that the road was to connect to Via Estelita.
Request for Report on Access Alternatives:
(83) It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried that no action be taken on
the proposed Agreement pending receipt of documentation
showing a right to access; staff was directed to research
the most simple means of extending Via Estelita for access
purposes and to provide a statement to Council regarding
City liability and responsibility for providing a crossing
on Trabuco Creek at Oso Road. Council noted that the City
intent is to provide the best access at the least cost.
RECESS AND RECONVENE
Council recessed at 10:15 P.M. and reconvened at 10:25 P.M.
2. AGREEMENT FOR DESIGN OF CAMINO CAPISTRANO BRIDGE
(WILLDAN ASSOCIATES
(38) This item was held over to a later date at the request
(74) of the Director of Public Works.
ADMINISTRATIVE ITEMS
DIRECTOR OF PUBLIC WORKS
1. APPROVAL OF UNIFIED EMERGENCY MANAGEMENT
AGREEMENT (COUNTY OF ORANGE)
(38) Written Communications:
(58) (1) Report dated September 1, 1981, from the Director of
(89) Public Works, forwarding a proposed Unified Orange
County -Cities Emergency Management Agreement to
improve coordination in disaster planning. The
Unified Agreement would replace the existing County -
City Disaster Agreement.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to approve the Unified
Emergency Management Agreement and to authorize the Mayor
and City Clerk to sign the Agreement on behalf of the City.
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374
2. STATUS REPORT - TREATMENT PLANT EXPANSION
COMMITTEE NO. 12 (SERRA)
(79) Written Communications:
(1) Report dated September 1, 1981, from the Director of
Public Works, regarding the status of proposed
treatment plant expansion.
Work Session:
With the concurrence of Council, Mayor Schwartze ordered the
Report received and filed, noting that a Council work session
is to be scheduled.
3. APPROVAL OF SITE PLAN MODIFICATION
(CALIFORNIA FIRST BANK)
(67) Written Communications:
(1) Report dated September 1, 1981, from the Director of
Public Works, providing background information on
proposed modifications to site plan requirements for
the California First Bank property located at the
intersection of Del Obispo Street and Camino Capistrano.
Approval:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to approve the deletion of
condition requiring reconstruction of the sidewalk and to
approve the insertion of the following condition of approval:
Landscape Planter:
A landscape planter at the southwest corner of the
property shall be installed within one year of this
modification approval, i.e., by September 1, 1982.
Landscaping shall consist of trees and shrubs. The
landscape and irrigation working drawings shall be
approved by the Director of Community Planning and
Development prior to installation.
SCHOOL FEE COLLECTION - STATUS REPORT
(ORDINANCE NO. 424)
(55) The City Manager advised that a Report will be submitted
(78) upon receipt of information from the Capistrano Unified
School District.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF AUGUST 25, 1981
COUNCIL APPEAL OF CONDITIONAL USE PERMIT 81-4
(SCHULLER/CAPISTRANO COMMUNITY CHURCH)
(39) Written Communications:
(67) (1) Report dated September 1, 1981, from the Director of
Community Planning and Development, summarizing actions
taken by the Planning Commission at the meeting of
August 25, 1981.
Conditional Use Permit 81-4 - Appeal of Commission Action:
Councilman Bland requested discussion of the approval of the
Conditional Use Permit which would allow use of the Pacific
Drive -In Theatre for Sunday morning church services by the
Capistrano Community Church and cited concerns with traffic
along Del Obispo Street.
It was moved by Mayor Schwartze, seconded by Councilman
Bland and unanimously carried that the City Council appeal
the action of the Planning Commission in approving Conditional
Use Permit 81-4 (Schuller) and that a Public Hearing be
scheduled for the meeting of September 15, 1981, at 7:00
P.M. in the City Council Chamber. A report on traffic
conditions was requested from the Director of Public Works.
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It was moved by Councilman Friess,
Buchheim and unanimously carried to
Report of Commission actions.
PARKS AND RECREATION COMMISSION
seconded by Councilman
receive and file the
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1. USE OF LIGHTED ATHLETIC FIELDS - PRIORITIES
AND FEE SCHEDULES MARCO FORSTER JUNIOR HIGH SCHOOL)
(62) Written Communications:
(78) (1) Report dated September 1, 1981, from the Director of
Recreation, providing a priority group listing and fee
schedule for use of the lighted athletic fields and
tennis courts at Marco Forster Junior High School
during non -school hours, pursuant to the Joint Use
Maintenance Agreement between the City and the School
District.
Dale Smith, representing the American Youth Soccer Organization,
addressed the Council to request that proposed Classification
of Applications and Fees be amended to provide that seasonal
sports be given preference in all cases.
Approval of Amended Schedules:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to adopt the Priority
Grouping and Fee Scheduling for use of the lighted athletic
fields and tennis courts, with an amendment to provide that
seasonal sports be given preference in all cases for a one-
year trial period.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. CONDITIONAL USE PERMITS - COMMERCIAL DISTRICTS
(39) Councilman Friess requested that the Director of Community
Planning and Development provide an off -agenda memorandum
regarding conditional use permits for live entertainment and
book stores.
2. TRABUCO CREEK IMPROVEMENTS
(80) Councilman Friess requested that the Director of Public
Works provide an off -agenda memorandum regarding the status
of improvements to Trabuco Creek and an estimated completion
date.
3. SAN JUAN CAPISTRANO BRANCH LIBRARY - DESIGN FUNDING
(52) At the request of Councilman Friess, Council indicated
concurrence with funding of the total design for the San
Juan Capistrano Branch Library.
4. TRABUCO CREEK SAND AND GRAVEL OPERATION
(87) Mayor Schwartze requested that staff check the numbers and
speed of trucks utilizing Trabuco Creek Road in the area of
Village San Juan and that a report be provided on the status
of litigation.
5. CITY BARBECUE
(66) Mayor Schwartze advised that the City barbecue has been
scheduled for Friday, October 2, 1981.
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LOS COLINAS DEVELOPMENT, PLACEMENT OF FILL MATERIAL
(56) Exhibits were on display indicating the proposed grading
(80) plan for an arterial highway in the Las Colinas development
adjacent to the City limits. The Director of Community
Planning and Development made an oral report and advised
that fill material would be placed in the valley area until
completion of final grading, that the grading plans are
consistent with the settlement agreement between the City
and Las Colinas, and that impact and view analyses have not
been done by the City. Bill Bathgate asked about provisions
for drainage control and receipt of drainage fees from the
County.
There was a concurrence of Council that the developer is to
be advised of the City's concerns with drainage from the
proposed fill operation, that concern has been expressed by
the downstream property owner, that drainage conditions not
be made worse by the grading operation; the City is to
reserve the right to have the Director of Public Works
review the drainage structures for adequacy; a project
completion date is to be stated. Staff is to verify that
the City is the recipient of drainage fees from the area,
pursuant to the Agreement with the County of Orange.
COUNCIL ACTIONS
1. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE -
APPOINTMENT OF VOTING DELEGATES
(61) Written Communications:
(1) Report dated September 1, 1981, from the City Clerk.
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried that Mayor Schwartze be
appointed the voting delegate and Mayor pro tem Buchheim be
appointed as the alternate delegate to represent the City at
the General Business Session of the League of California
Cities Annual Conference in San Francisco October 17, 1981,
through October 21, 1981.
2. ADJOURNED MEETING DATE - PRESENTATION OF
DEVELOPMENT PROPOSALS
(32) There was a consensus of Council that a meeting be scheduled
for Tuesday, September 29, 1981, at 7:00 P.M. in the City
Council Chamber for a presentation of development proposals.
CLOSED SESSION
Council recessed to Closed Session at 11:25 P.M. for discussion of
legal matters, the City Clerk being excused therefrom, and
reconvened at 11:34 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 11:34 P.M. to the next regular meeting date of Tuesday,
September 15, 1981, at 7:00 P.m. in the City Council Chamber.
Respectfully submitted,
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ATTEST:
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