79-0718_CC_Minutes_Regular MeetingJULY 18, 1979
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 Friess at
7:07 P.M., in the City Council Chamber, followed by the Pledge of
' Allegiance to the Flag. Invocation was given by Mayor Kenneth
Friess.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
' Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
James F. Thorpe, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works/City Engineer;
Thomas G. Merrell, Director of Community Planning and Development;
Tom Tomlinson, Associate Planner; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of July 5, 1979:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer
that the Minutes of the Regular Meeting of July 5, 1979, be
approved as submitted. The motion carried by the following vote:
' AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
RELOCATION OF HEADSTART PROGRAM TO CITY PROPERTY
(39) Mayor Friess advised that the Headstart preschool program has
not been able to locate an alternate site for their mobile
facility after July 31, 1979. The unit is currently at
31380 La Matanza on a temporary basis; however, after July 31,
1979, if an alternate site is not found, the preschool will
terminate and consequently the program grant funds will be
forfeited. Mayor Friess requested Council consideration of
allowing the trailer to relocate to an area near the Hot
Springs Dance Hall on City property.
Councilman Schwartze suggested that when a decision is made
on a civic center site, the preschool could be accommodated
at that location. Councilman Hausdorfer inquired about the
amount of parking required. Mayor Friess advised that parking
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would be provided for 5 employees in the main lot away from
the Dance Hall; in addition, consideration should be given to
fencing a portion of Descanso Park for a play area and to
using the preschool trailer as an additional recreation
facility on weekends. Councilman Thorpe noted that City
facilities will be crowded and that an attempt should be
made to find an alternate location for the program by the
end of 1979.
Approval of Relocation in Concept:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the relocation
of the Headstart Program to City property in concept; staff
is to report further for approval of specific details of the
move; further, a 30 -day extension is granted for the current
use permit at 31380 La Matanza.
ORAL COMMUNICATIONS
1. REQUEST FOR CABLE TELEVISION RATE INCREASE
TM COMMUNICATIONS
(43) Richard Young, representing TM Cable Television, requested
that if their request for approval of rate increases is not
considered at this meeting, that the matter be heard during
August and that the request be separated from proposed changes
to cable television franchise ordinances. Mr. Young had been
advised that the scheduled Public Hearing would be continued
to August 15.
2. COMMISSION REPRESENTATION
(23) Michael Berns, Planning Commission, advised that he was present
to answer any questions with regard to recommendations made
by the Commission. Ilse Byrnes and Milton Long, Equestrian
Commission, advised they were present regarding Tract 6305,
the Hunt Club.
3. TRACTS 7673, 8485, AND 9382 - ISSUANCE OF OCCUPANCY PERMITS
(MAURER DEVELOPMENT COMPANY)
(85) Robert E. Maurer, developer, addressed the Council regarding
action taken on June 6th in limiting staff authority to issue
occupancy permits without Council approval, due to the time
span between Council meetings. Mr. Maurer advised that all
major tract improvements have been completed. The Director of
Public Works suggested that a process be presented whereby
Council would release authority to staff for approval of minor
tract improvements. Mr. Maurer stated he would not be requesting
temporary releases on the hillside portions of the development.
Councilman Thorpe stated that all tract improvements should be
completed by continuous sections prior to move ins, that home
buyers should be given realistic completion dates by developers,
and that Council should adhere to its direction. Councilman
Hausdorfer noted that Council concern was with incomplete
improvements and that the Maurer developments appear to be
a different situation.
With Council concurrence, Mayor Friess directed that a status
report be submitted by the Director of Public Works for
consideration at the meeting of July 23.
PUBLIC HEARINGS
1. PROPOSED 10 KM RUN (THE JOGGER RUNNING STORE)
(65) Proposal:
Approval of route and closure of streets for 6.2 -mile run
on August 18, 1979. The permit was approved on July 5, 1979.
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Applicant:
The Jogger Running Store, 33611 Del Obispo Street, Dana Point.
Written Communications:
Report dated July 18, 1979, from the Director of Public Works.
Public Hearing:
Notice having been given as required, Mayor Friess opened the
Public Hearing and, there being no response, declared the
Hearing closed.
' Approval of Route and Street Closures:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the 6.2 -mile route
as indicated in the report and to approve the closure of
portions of the San Juan Creek bike trail, Alipaz Street,
Del Obispo Street, Avenida de la Vista and Los Rios Street
from approximately 7:30 A.M., to 9:30 A.M., on Saturday,
August 18, 1979.
(69) Policy for Future Permits:
There was a concurrence of Council that a policy be established
for similar requests in the future so that the permit approval
and Public Hearing may be heard concurrently and with consideration
given to coordinating dates with City recreation events, other
departmental events, costs, and limiting number of such events.
2. TENTATIVE PARCEL MAP 858 AND AREA PLAN FOR PLANNING
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(85) Proposal:
Approval of Tentative Parcel Map 858 of the Ortega Planned
Community, a resubdivision of approximately 16 acres of land
bounded on the east by Sunhollow Tract No. 7626, on the south
by the extension of Calle Arroyo, and on the north by the Ortega
Highway. The purpose is to realign existing parcels to conform
to the sector boundaries for Planning Sectors D-2, D-3 and E
which are planned for public institutional and residential uses.
Applicants:
St. Margaret's of Scotland Episcopal Church, c/o Helen Pointer,
4109 Calle Abril, San Clemente, 92672; Southern California
District Advisory Board, c/o Jack Morris, 524 East Chapman
Avenue, Orange, 92666; Tarnutzer/Hamilton, 2915 Redhill,
Costa Mesa, 92627; La Novia One, 1931 Port Nelson Place,
Newport Beach, 92660.
Written Communications:
Report dated July 18, 1979, from the Director of Community
Planning and Development, forwarding the recommendation of
approval made by the Planning Commission on June 26.
Exhibits were on display, and Associate Planner Tom Tomlinson
made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and, there being no response, declared
the Hearing closed.
Approval of Tentative Parcel Map 858:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 78-7-18-1, TENTATIVE PARCEL MAP 858
(ORTEGA PROPERTIES) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 858, A PROPOSAL TO SUBDIVIDE 16+
ACRES OF LAND INTO 4 LOTS
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The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution cites conditions of approval relating to approval
of Parcels 1 and 2, public improvements within Assessment
District 78-3, payment of development fees, Ganado Road
right-of-way entry, and reimbursement for improvements to
Ortega Highway.
ORTEGA PLANNED COMMUNIT
(85) This item was taken out of order on the Agenda for consideration
with Tentative Parcel Map 858.
Proposal:
Approval of Area Plans including phased development program
for the establishment of St. Margaret's Episcopal Church/School,
landscape concept, conceptual grading, and architectural theme
for approximately 6 acres of land at the northwest corner of
Calle Arroyo and La Novia Avenue. The use of modular units is
proposed pending construction of permanent facilities.
Applicant:
St. Margaret's Episcopal Church, c/o Helen Pointer, 4109 Calle
Abril, San Clemente, 92672.
Written Communications:
Report dated July 18, 1979, from the Director of Community _
Planning and Development, forwarding the recommendations of
approval made by the Planning Commission on June 26 and July 10
which include the following condition for the proposed modular
units:
Condition No. 4:
"The temporary structures shall be permitted for two
years, plus a one-year extension, provided that the
permanent construction of the structures has been
initiated on-site for the school and sanctuary prior
to the end of the two-year period. Upon issuance of
the Use and Occupancy permits for the school and
sanctuary, the temporary structures shall be removed
within 90 days."
Approval of Area Plan, Planning Sector D-3:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to approve the area plans for _
Planning Sector D-3, subject to inclusion of Planning Commission
Condition No. 4 as stated above.
PUBLIC HEARINGS CONTINUED
ARCHITECTURAL CONTROL 79-7/ZONE VARIANCE 79-7
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(92) Proposal:
Review of revised site plan and building elevations for the
proposed Alpha Beta shopping center located on Camino Capistrano
adjacent to San Juan Plaza. On May 16, 1979, the City Council
had denied approval of the submitted division of land, zone
variances, site plan, building elevations and Environmental
Impact Report. The revised plans meet Land Use Management Code
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L
requirements with the exception of a rear yard
reduction from 25 feet to 10 feet for buildings
include the following modifications:
411
setback
C and D and
Elimination of a building to afford a better
visual and traffic connection to San Juan Plaza.
Buildings C and D are partial two-story structures.
The overall square footage has been increased from
65,200 square feet to 71,000 square feet.
Applicant:
Collins Diversified/Alpha Beta, 270 South Bristol Street,
Suite 201, Costa Mesa, 92626.
Written Communications:
Report dated July 18, 1979, from the Director of Community
Planning and Development submitting staff comments and
recommendations and forwarding a proposed Resolution citing
16 Conditions of Approval.
Exhibits were on display and the Director of Community Planning
and Development made an oral presentation.
Public Hearing:
Notice having been given as required, Mayor Friess opened the
Public Hearing, and the following persons responded:
(1) John Collins, representing the applicant, spoke in
favor of the project as meeting City concerns and
stated that the additional square footage acquired
by removing one building and enlarging the two rear
buildings to two stories amounts to 5,000 square feet,
rather than 5,800; additional parking may be accommodated;
and an entrance has been created to San Juan Plaza; with
regard to parking stalls in Area A, the exit should not
be closed, but the stalls will be removed if a problem
is created. Mr. Collins requested that a decision on
Area A be left to the discretion of the Director of
Public Works.
(2) Rich Gaylor, representing the applicant, made a slide
presentation of the proposed project and cited architectural
and aesthetic concerns.
(3) Al Arps, 32302 Alipaz Street, representing the San Juan
Capistrano Mobile Home Council, spoke in support of the
project as conditioned by the City and requested that
handicapped parking areas and enforcement receive
attention.
(4) Fred Jenner, President, Chamber of Commerce, advised
that the Board of Directors voted to support the project
at their meeting of June 15.
(5) Art Koehler, Chairman, San Juan Plaza Tenants Association,
supported the project, but urged the relocation of
Building E southward as beneficial to shoppers, traffic
and the Plaza.
(6) Doug Nash, 32906 Avenida Descanso, spoke in opposition
to the project and noted that the General Plan states
that markets should be spread throughout the City to
allow pedestrian or bike transportation and that the
issue has not been addressed.
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7/18/79
412
(7) Marilyn Willians, 29931 Camino Capistrano, recommended
approval of the plan and noted the City's efforts to
expand and improve downtown development.
(8) Butch Hall, owner of Butch's World of Sport, San Juan
Plaza, spoke in favor of the project.
There being no further response, Mayor Friess declared the
Hearing closed.
Discussion: -
Council discussed the following concerns: possible relocation
of Building E, enforcement of employee parking behind the
market area, bike trail location, use of Building E as a
restaurant. Mr. Gaylord stated the company would agree to _
use their best efforts to establish a restaurant use, that
they would agree to a time frame for locating a restauranteur
by either Collins Diversified or the City, if the restaurant
use is accomplished there would be a request submitted for a
parking variance, they will work with the City and concerned
citizens on architecture, layout, bike trail alignment and
provisions for parking for the handicapped.
Councilman Thorpe noted that the plans indicate one parking
space per 195 square feet of floor area and that the Code
requirement is one space per 200 square feet overall; that
there is no data included on the effects of additional traffic
from developing areas of the City; old information should be
culled from reports when new or modified plans are submitted;
staff should avoid citing variances to City standards;
questioned how employees of the center could be required
to park in the rear and lack of existing policy that bike
trails be a part of development plans.
Councilman Hausdorfer noted the impact on traffic and San Juan _
Creek Bridge which will be caused by this project and additional
major projects in the City.
Councilman Schwartze noted that the issues under consideration
are the environmental impact, architectural control and setback
variances. Councilman Thorpe noted that the EIR is not adequate,
that there are specific variance procedures, and that developers
should not receive approval for minimal parking especially in
view of consideration of expenditure of City funds to alleviate
parking problems in the downtown area.
Mayor Friess noted that properties in the City will continue
to develop and that even if the bridge is widened to 4 lanes
traffic problems will still exist to the south of the inter-
section with San Juan Creek Road.
Inadequacy of Environmental Impact Report:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer to determine that the focus environmental impact
report is inadequate. The motion carried by the following
vote:
AYES: Councilmen Hausdorfer, Thorpe, and Buchheim
NOES: Councilman Schwartze and Mayor Friess —
ABSENT: None
Motion to Continue:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze to continue consideration of the project until the
EIR is found adequate. The motion carried by the following
vote:
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AYES:
NOES:
ABSENT:
Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
Councilman Thorpe
None
Council requested further information on traffic, parking,
alternate locations, cumulative effects of projects, and
coordination with bridge improvements and the downtown study.
' Mayor Friess suggested that Council Members finding the EIR
inadequate list their concerns for staff response.
RECESS AND RECONVENE
. Council recessed at 9:37 P.M., and reconvened at 9:55 P.M.
Continuation to August 15:
With the concurrence of Council, Mayor Friess directed that
the Public Hearing on Zone Variance 79-7 and Site Plan
Architectural Control 79-7 be continued to the meeting of
Wednesday, August 15, 1979, at 7:00 P.M., in the City Council
Chamber.
4. REQUEST FOR RATE INCREASE - TM CABLE TELEVISION
(43) Written Communications:
(1) Report dated July 18, 1979, from the City Clerk
regarding continuation of the scheduled Public Hearing;
(2) Letter dated July 17, 1979, from Charles Ward, President,
Village San Juan Homeowners Association, in opposition
to the granting of increases.
' Public Hearing:
Notice having been given, Mayor Friess opened the Hearing and,
there being no response, declared the Hearing continued to the
meeting of Wednesday, August 15, 1979, at 7:00 P.M., in the
City Council Chamber.
COMMISSIONS, BOARDS, COMMITTEES
1. DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE FINAL REPORT
(68) Proposal:
Approval of the final phase of the Downtown Plaza and Parking
Study and related actions.
Written Communications:
(1) Report dated July 18, 1979, from the Director of
Community Planning and Development forwarding the
Final Report prepared by CHNMB and Associates. The
final phase consists of a recommended master plan for
the historic center of the City and supportive documents;
the major components are Public Parking; Traffic Circu-
lation/Beautification; Specialty Shopping; Implementation/
Priorities.
(2) Memorandum dated July 28, 1979, from Natalie Mitchell,
' Downtown Plaza and Parking Study Committee Chairman,
advising that the Committee unanimously recommends
approval of the Master Plan for the Historic Downtown
Area.
Presentation:
William R. Hull, AIA, Principal of CHNMB and Associates,
San Francisco, made a slide presentation of the processes
involved in formulating the final report and cited the firm's
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414
recommendation that the twelve Action Projects be approved,
with Action Project I, Camino Capistrano from Ortega Highway
to Del Obispo Street receiving the highest priority for
immediate design and construction and Action Project II,
Specialty Shopping, also receiving highest priority because
of the lead time required for accomplishment.
Public Comment:
Mayor Friess asked for comment from members of the public,
and the following persons responded:
(1) Carolyn Nash, President, San Juan Beautiful, Inc.,
read a letter dated July 18 supporting the project
and offering the assistance of the organization;
(2) Harrison Negley, property owner in the downtown area,
concurred with the statements of San Juan Beautiful
and the concept of integrating his property into the
Mission character;
(3) Barbara Davies, Member, read a letter dated July 16 from
Town Hall Association in support of the project and its
implementation;
(4) Evelyn Villegas, 26591 Mission Road, stated support for
the plan and traffic patterns, but inquired about proposed
parking levels adjacent to the railroad tracks which
could create a separation from the historic Los Rios Area.
Mr. Hull advised that a pedestrian connection is indicated
and that the proposed parking area would be at the most
10 feet in height;
(5) Marilyn Williams, 29931 Camino Capistrano, stated that the
plan is beautiful but expensive, noted concern that there
is no retention of the Oyharzabal barns, cited the Los _
Rios Precise Plan as unfunded and without time limit,
asked that the preparation of an EIR and zoning designa-
tion be delayed, and objected to the Community Development
Agency formation. Mr. Hull noted that the barns could be
either accommodated or relocated and provided information
regarding implementation and the redevelopment agency
process;
(6) Yvon O. Heckscher, 32341 Del Obispo Street, spoke in
support of the project as an opportunity for the City
to do something for the citizenry and to preserve the
historic area with funding provided by a development
agency:
(7) Jody Thomason, co-owner of property near the Bank of
America, spoke in support of the project and requested
that the City proceed expeditiously to fulfill the plans.
Mayor Friess noted that the project is an outgrowth of
considerable time and is a consensus of the citizens who
took part in committee meetings and workshops. Councilman
Hausdorfer stated that the plans could be accomplished by
the City working through a private developer and without a
development agency.
Acceptance of Final Phase:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried as follows:
(1) to accept the final phase of the Downtown Plaza and
Parking Study;
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415
(2) to authorize payment in the sum of $16,500 for services
rendered by the firm of CHNMB and Associates and to
extend the City's appreciation for those services;
(3) to request staff to report on the general cost and
workload involved for preparation of the Environmental
Impact Report and zoning designation at the budget
session on Monday, July 23;
(4) to direct staff to include Action Project No. 1, the
' design of Camino Capistrano from Ortega Highway to
Del Obispo Street, with consideration of the 1980-81
Capital Improvement Projects on the Agenda for July 23;
(5) to authorize staff to prepare a report for future
Council consideration on formation of a Community
Development Agency and Parking and Improvement District;
and,
(6) to direct staff to meet with the property owners in the
proposed area to determine their interest in participating
in the project.
Mayor Friess expressed the Council's appreciation to the Members
of the Committee and to everyone who participated in evolving
the plan.
CONDITIONAL USE PERMIT 79-5 (HOFFMAN STABLES)
(39) This item was taken out of order on the Agenda due to the
lateness of the hour.
Proposal:
Review of the relocation of the mobile caretaker units proposed
' in conjunction with the establishment of the Hoffman Stable
operation, as directed by Council on July 5.
Written Communications:
Report dated July 18, 1979, from the Director of Community
Planning and Development.
Mayor Friess asked for comment from members of the audience,
and the following persons responded:
(1) William R. Munson, 31505 Paseo Christina, stated
concurrence with the proposed conditions, but added
that all appurtenant structures should be of new
construction and of similar appearance and cited concern
with traffic on the private road extension of San Juan
Creek Road; recommended that the road to the stable
and the road to Hidden Valley be separated and that
there be a limitation on animals other than horses on
the property.
The City Clerk provided a letter dated May 3, 1979, setting
forth conditions mutually agreed to between Mrs. Hoffman
and the Equestrian Commission.
Approval of Caretaker Units:
' It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to approve the placement
of two caretaker residences in conjunction with the plans
for CUP 79-5 subject to the following conditions submitted
by the Director of Community Planning and Development:
(1) The caretaker residences shall meet the following
requirements:
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416
(a) Exterior materials shall be wood or metal
siding, vertical metal siding and skirting
shall not be permitted;
(b) All roofing shall be sloped and be of a material
used in conventional residential construction.
Acceptable material include wood shingles or shake,
composition shingles, and sprayed monolithic
materials of a brown color;
(c) Colors of the structure shall be earthtone;
(d) The Director of Community Planning and Development
shall review both proposed residences to insure
compliance with the above conditions.
(2) The caretaker residences shall be heavily landscaped
with trees and shrubs. Plans shall be reviewed and
approved by the Director of Community Planning and
Development prior to the issuance of a Use and Occupancy
Permit.
(3) Storage of recreational vehicles and other large or
inoperative vehicles in conjunction with the approved
use shall not be permitted.
(4) The yard areas surrounding the caretaker residences
shall be maintained in a neat and orderly manner, free
of materials, debris, unused vehicles or other unsightly
articles. All landscaping shall be maintained in a
neat and healthy condition.
(5) The Planning Commission shall hold a public hearing on
an annual basis to insure compliance with the above
outlined conditions and the conditions of CUP 79-5.
If the Commission determines the conditions are not
being fulfilled, the Commission shall have the authority
to revoke the conditional use permit.
and subject to the following conditions agreed to between
Mrs. Hoffman and the Equestrian Commission:
(1) Color continuity should be carried throughout the
stable; earth -toned paint colors are preferred;
(2) Tack sheds should be aligned;
(3) Corral materials should be consistent;
(4) A limit should be placed on the number of animals
other than horses, which reside at the stable. With
regard to any proposed leases, an agreement should
be effected concerning the number of non -equestrian
animals allowed;
(5) Landscaping is a major concern since visual appearance
is of the utmost importance;
(6) Any construction material or equipment should be
stored neatly and preferably out of sight;
(7) Parking of RV's, campers, trailers and other large
vehicles should be prohibited.
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CITY COU:
COMPOSIT:
OF FINAL
IL APPEAL OF PLANNING COMMISSION
417
PROVAL OF
(85) This item was taken out of order on the Agenda due to the
lateness of the hour.
Appeal of Tentative Tract Map:
On June 6, 1979, the City Council appealed the Planning
Commission approval of the tentative map due to the extent
of grading proposed.
Applicant:
Sheridan Hall, 707 Wilshire Boulevard, Los Angeles, 90017.
Written Communications:
(1) Report dated July 18, 1979, from the Director of Community
Planning and Development providing further information on
the contour grading design concept and landscape mitigation
measures.
(2) Report dated July 18, 1979, from the Director of Public
Works advising that all fees have been paid, bonds
obtained and conditions of approval met for the Final
Map.
Exhibits were on display, and Associate Planner Tom Tomlinson
made an oral presentation and advised that the Tract CC&R's
have designated 27 specific lots for equestrian use; the
remainder of the lots would require homeowners association
approval for equestrian use.
The following persons addressed the Council:
(1) Ilse Byrnes, Chairman of the Equestrian Commission,
requested that preliminary trail grading be approved
by the Commission;
(2) Roy Byrnes, 28355 Ortega Highway, spoke in opposition
to the CC&R's as proposed by the developer and stated
that all lots in the development, with the exception
of those limited by size or geological considerations,
should be designated for equestrian use;
(3) Milton Long, 28333 Ortega Highway, urged that all of
the lots be designated for equestrian use;
(4) Rob Sawyer, 2925 College Avenue, Costa Mesa, representing
the developer, made a slide presentation of the proposed
project;
(5) Scott Sheridan, developer, stated that of the 132 lots
in the project, 27 lots have been designated for
equestrian use since the majority of the lots will not
support equestrian use; further, such use would be by
approval of 51% of the members of the homeowners'
association.
In response to Mayor Friess and Councilman Thorpe, Mr. Sheridan
' advised there would be no central facility within the project;
that the trails would be graded with the grading for the
subdivision and as an integral part of the grading plan;
trail maintenance would be done by the City when the City
accepts the trails, otherwise, maintenance will be performed
by the homeowners' association.
Amendment to CC&R's:
There was a consensus of Council that the City Attorney and
Director of Public Works rewrite the applicable portions of
the CC&R's for Tract 6305 so that the Board of Directors
of the homeowners' association is granted the decision-making
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authority for allowing equestrian use on individual lots
other than the 27 lots currently designated for equestrian
use, rather than such use requiring the approval of 51% of
the members of the homeowners' association.
Approval of Composite Development Plans:
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze to confirm the action taken by the Planning Commission
on May 22, 1979, and to approve the Composite Development Plans
for Tract 6305. The motion was subsequently amended.
Expansion of Lots Designated for Equestrian Use:
Roy Byrnes recommended that the CC&R's be positively stated
to allow horses on the lots, i.e., "equestrian use shall be
permitted consistent with City policy." Mayor Friess noted _
that equestrian restrictions on zoning is new information
and that Council had appealed the matter due to concerns
with grading. Mr. Sheridan advised that 60% of the lots
will not accommodate horses. Councilman Thorpe expressed
concern with trail maintenance within the development,
with equestrian use being limited. With Council concurrence,
Mayor Friess requested that the developer meet with the
(23) Equestrian Commission to discuss the possibility of increasing
the number of lots allowing equestrian use, since the developer
will be the Board of Directors for a considerable period of
time.
Amendment to Motion:
With the concurrence of the second, the motion approving the
Composite Development Plans was amended to include the following
addition: The Tract CC&R's are to be amended to indicate that
the Board of Directors shall designate the lots allowing
equestrian use.
Approval of Final Map:
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze to approve the Final Map for Tract 6305 with the
determination that said Map is consistent with the General
Plan and in substantial compliance with the approved Tentative
Map; the Subdivision Agreement is approved and the Mayor and
City Clerk authorized to sign the Agreement on behalf of the
City. The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
RECESS AND RECONVENE
Council recessed at 12:30 A.M., July 19, 1979, and reconvened at
12:35 A.M., with Councilman Hausdorfer absent.
ORDINANCES
1. AMENDMENT TO LAND USE MANAGEMENT CODE, FLAG LOTS AND
BUILDING ENCROACHMENTS (ADOPTION OF ORDINANCE NO. 387)
(55) The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was regularly intro-
duced at the meeting of July 5, 1979. It was moved by
Councilman Buchheim and seconded by Councilman Schwartze
that the following Ordinance be adopted:
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ORDINANCE NO. 387, "FLAG" LOTS AND BUILDING
ENCROACHMENTS - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADDING PARAGRAPHS B-8
AND B-9 TO SECTION 3.4.24 AND AMENDING PARAGRAPH B
OF SECTION 4.1.14 OF ORDINANCE NO. 293 RELATING
TO "FLAG" LOTS AND EXISTING YARD ENCROACHMENTS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim and Mayor Friess
' NOES: Councilman Thorpe
ABSENT: Councilman Hausdorfer
2. REGULATIONS FOR OPERATION OF AMBULANCES AND
TRANSPORT VEHICLES (ADOPTION OF ORDINANCE NO. 388)
(55) The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was regularly intro-
duced at the meeting of July 5, 1979. It was moved by
Councilman Buchheim and seconded by Councilman Schwartze
that the following Ordinance be adopted:
ORDINANCE NO. 388, REGULATING AMBULANCE SERVICES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REGULATING THE OPERATION OF AMBULANCES
AND CONVALESCENT TRANSPORT VEHICLES
The motion carried by the following vote:
AYES: Councilmen Schwartze, Thorpe, Buchheim
and Mayor Friess
' NOES: None
ABSENT: Councilman Hausdorfer
Councilman Hausdorfer returned to the meeting at 12:37 A.M.
CONSENT CALENDAR
It was moved by Councilman Thorpe 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 Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
' 1. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF JUNE 30, 1979
(41) The City Treasurer's Report of Investments as of June 30,
1979, is approved as submitted.
2. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF JUNE 30, 1979
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of June 30, 1979, is approved as submitted.
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420
3. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF MAY 31, 1979
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the 11 -month period ending May 31, 1979, is approved as
submitted.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS
OF JULY 9, 1979
(23) The Report of Actions taken by the Equestrian Commission
at the meeting of July 9, 1979, is ordered received and
filed.
5. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND
RELEASE OF LETTERS OF CREDIT
TRACT 9030 (CAPD RANCHES)
(38) The public improvements for Tract 9030 are accepted, and staff
(85) is authorized to release the following Letters of Credit:
Surety No. Amount Surety Company
SBLA-92505 $ 1,000 Bank of America
SBLA-92504 32,500 International Banking Office
SBLA-92506 66,700 P. O. Box 3141, Los Angeles
6. ACCEPTANCE OF DEED FOR ROAD AND PUBLIC UTILITY PURPOSES
(73) The Easement Deed over a portion of Lot 9, Tract 6402 in
conjunction with the extension of Calle Perfecto into the
proposed airport site development is accepted from Julian
Willcox, General Partner, Capistrano Airport and Industrial
Park, Ltd.
APPROVAL OF WARRANTS
(41) It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve the List of
Demands dated July 18, 1979, Warrants Nos. 17084 through
17215, inclusive, and 1911 Act Bond Warrants Nos. 0238 and
0239 in the total amount of $706,722.11.
MEETING OF JULY 10. 1979 -
(67) Written Communications:
(23) Report of Planning Commission Actions of July 10, 1979. It
was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that Item No. 7 of the
Report, a request that a Planning Commissioner be considered
for appointment to the Environmental Review Board, be held
over for consideration with the Workload Management Proposal.
The remainder of the Report is ordered received and filed.
AUTHORIZATION FOR PAYMENT FOR ENVIRONMENTAL IMPACT REPORTS,
DORMANT PROJECTS
(37) Written Communications:
(68) Report dated July 18, 1979, from the Director of Community
Planning and Development relating the payment status for
consultant preparation of Environmental Impact Reports on
the following inactive projects:
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421
Project Consultant Amount Unpaid
(85) Tentative Tract Ultrasystems $2,110.50
10375 (Romer)
Fainbarg Business Envista $2,875.21
Park
The Director of Community Planning and Development advised
that funds to cover the costs of such Environmental Impact
' Reports are prepaid by the developers.
Approval of Payments:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to authorize payments in the
' amounts of $2,110.50 to Ultrasystems and $2,875.21 to Envista
for unpaid consultant services for preparation of Environmental
Impact Reports for the above-named projects.
FOR CREDIT FOR SYSTEMS
(68) Written Communications:
Report from the Director of Public Works submitted July 5, 1979,
and continued to this date for further information. The request
is for reimbursement of $33,959 in Systems Development Taxes
paid in conjunction with Phases 2 and 3 of the Casitas de
Alipaz apartment complex.
The City Manager recommended that the request be denied since
the Tax provides for new development to buy into the existing
infrastructure.
Denial of Request:
' It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to deny the request for
reimbursement of $33,959 as submitted by F. W. Development, Inc.
SUBDIVISIONS AND ANNEXATIONS
1. APPROVAL OF FINAL MAP, DIVISION OF LAND 78-4 (HUSOE)
(85) Written Communications:
Report dated July 18, 1979, from the Director of Public Works
advising that the Final Map is in conformance with the
Subdivision Map Act, in substantial compliance with the
approved tentative map, and that all conditions of approval
have been met.
Approval of Map:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the Final Map for
Division of Land 78-4 with the determination that said Map is
consistent with the General Plan and in substantial compliance
with the approved tentative map.
. ADMINISTRATIVE ITEMS
CITY MANAGER
' 1. REAFFIRMATION OF APPOINTMENTS OF
PLANNING COMMISSION MEMBERS
(67) Written Communications:
Report dated July 18, 1979, from the City Manager forwarding
Commission duties set forth in Ordinance No. 321, attendance
record for the previous year, and list of applications currently
on file, as directed by the City Council on June 6.
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422
Following discussion between the Members of the Council and
Planning Commission Chairman Michael Berns, it was moved by
Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to reaffirm the appointments of the
current Members of the Planning Commission for the term
ending April 30, 1980, as follows:
Mary Abe
Michael Berns
Robert Davies
Michael Imlay
Dee Tyler
As a result of the discussion, Council indicated that future
joint meetings with the Commission would be scheduled.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
STATUS REPORT - MEREDITH CANYON LANDSCAPING,
TRACTS 8087 AND 8319
(85) Written Communications:
Report dated July 18, 1979, from the Director of Community
Planning and Development regarding the current status of
landscaping repairs.
With the concurrence of Council, Mayor Friess directed that
the report be received and filed.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. ASSESSMENT DISTRICT 78-3 - AUTHORIZATION FOR PAYMENT
(74) Written Communications:
Report dated July 18, 1979, from the Director of Public Works
providing an accounting of unpaid professional services
rendered in connection with Assessment District 78-3. The
costs for such services, excluding the services of the
assessment attorney, are estimated at $207,000; district
participants have deposited $165,000 for financing of
professional services; City funds are budgeted for the District.
Authorization for Pavment for Professional Services:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to authorize staff to make
payment as listed in the report and in conformance with the
approved contracts for services rendered in conjunction with
Assessment District 78-3 at such time as all deposited funds
are expended, said payments not to exceed the sum of $50,000
without prior City Council approval.
2. REPORT ON PALM TREES WITHIN ASSESSMENT DISTRICT 78-2
(CAMINO CAPISTRANO NORTH)
(74) Written Communications:
Report dated July 18, 1979, from the Director of Public Works
setting forth the status of attempts to relocate the six
palm trees on the east side of Camino Capistrano between
Avenida Golondrina and Avenida Padre within Assessment District
78-2. The low bid received for removal and relocation of
the trees was in the amount of $4,200.
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the Public Works Department continue efforts
to relocate the trees until construction phasing necessitates
their removal; City participation in the costs of moving the
trees to another location is not authorized. The motion carried
by the following vote:
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AYES:
NOES:
ABSENT:
Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
Councilman Buchheim
None
423
COUNCIL ACTIONS
1. REAFFIRMATION OF APPOINTMENTS OF ALTERNATE AND
' DELEGATE TO ORANGE COUNTY HEALTH PLANNING COUNCIL
(59) Written Communications:
Report dated July 18, 1979, from the City Clerk advising that
the Orange County Health Planning Council has requested
. confirmation of the appointments of the City's Delegate and
Alternate Delegate representatives by July 31.
Reconfirmation of City Representatives to Assembly of Delegates:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to reconfirm the following
appointments for the term ending July 31, 1980:
Pauline Leonard, Delegate
Jerry Kaufman, Alternate Delegate
RECESS AND RECONVENE
Council recessed to Executive Session at 1:10 A.M., July 19, 1979,
the City Clerk being excused therefrom, and reconvened at 1:15 A.M.
There being no further business before the Council, the meeting was
adjourned at 1:15 A.M., July 19, 1979, to the next meeting date of
' July 23, 1979, for the purpose of holding an Executive Session at
4:00 P.M., consideration of the Workload Management Proposal at
6:00 P.M., and continuation of budget considerations at 7:00 P.M.
Respectfully submitted,
ATTEST:
KENNETH E. FRIESS, MAYOR
,FnR, CrCLERK
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