87-1215_CC_Minutes_Regular Meeting33
DECEMBER 15, 1987
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 Bland at 7:05 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul Martin,
Mission San Juan Capistrano.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
(arrived at 8:03 p.m.)
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City
Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; Robert G. Boone,
Director of Administrative Services; William D. Murphy, Director of Public Works; Tom
Tomlinson, City Planner; Thomas L. Baker, Director of Community Services; Cheryl
Johnson, Recording Secretary.
MINUTES
Regular Meeting of December 1, 1987:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the
Minutes of the Regular Meeting of December 1, 1987, be approved as submitted. The
motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer, and Mayor Bland
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: Councilman Friess
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Friess
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PRESENTATIONS AND COMMENDATIONS
1. PROCLAMA
Written Communications:
Report dated December 15, 1987, from the City Manager, forwarding the
Proclamation and advising that "Red Ribbon Season" was designed as a reminder to
refrain from drinking and driving during the holiday season.
Approval of Proclamation:
Mayor Bland read the Proclamation in full and with the consensus of Council,
proclaimed the weeks of December 14, 1987, through January 2, 1988, as "Red
Ribbon Season." Residents of the City were encouraged to attach red ribbons to
their vehicles. The Proclamation will be forwarded to Thelma McLaughlin of the
Orange County Chapter of Mothers Against Drunk Drivers.
ORAL COMMUNICATIONS
1. WESTSIDE ANNEXATION NO. 2 (620.20)
Eric Propokowski, 3 Riverstone Drive, Laguna Niguel, was advised that the protest
hearing for Westside Annexation No. 2 would be scheduled in early February.
2. CITY CHRISTMAS CARD
Ilse Byrnes, P. O. Box 1029, expressed appreciation for the City's Christmas Card,
noting that it reflected the spirit of San Juan Capistrano.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, that the
staff recommendations be accepted for the following items listed on the Consent
Calendar. The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Friess
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated December 3, 1987, Warrant Nos. 5,107 and 5,192-5,371,
in the total amount of $1,413,752.67, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of November 30, 1987, in the total
amount of $14,385,937.50, was approved as submitted.
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3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60)
The City Treasurer's Report of 1911 Act Bond Delinquencies as of November 30,
1987, in the total amount of $32.93, was approved as submitted.
4. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50)
The City Treasurer's Report of Cash Fund Balances as of August 31, 1987, in the
total amount of $376,387.57, and as of September 30, 1987, in the total amount of
$354,086.20, was approved as submitted.
5. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60)
The Report dated December 15, 1987, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of November 24, 1987,
was ordered received and filed.
6. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Reports dated December 15, 1987, from the Secretary of the Planning
Commission, regarding actions taken at the meetings of November 24, and
December 8, 1987, were ordered received and filed.
7. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS -
As set forth in the Report dated December 15, 1987, from the Director of Public
Works, the Specifications for the 1988 Weed Abatement Program were approved.
Staff was authorized to call for bids.
8. AWARD OF CONTRACT -
As set forth in the Report dated December 15, 1987, from the Director of Public
Works, the contract for construction of the Vereda Bikeway from Via Estenaga to
Avenida Siega was awarded to the lowest responsible bidder, Zagros Company of
Irvine, in the amount of $39,416.30. All other bids were rejected. The Mayor and
City Clerk were authorized to execute the contract on behalf of the City.
9. DENIAL OF CLAIM (EILEEN POESNAER) (170.70)
As set forth in the Report dated December 15, 1987, from the City Attorney, the
claim presented to the City on September 3, 1987, by Attorney Howard Neufeld on
behalf of Eileen Poesnaer, in the amount of $250,000 general damages and $5,200
special damages, was denied.
10. AFFIRMATION OF LOCAL APPOINTIVE LIST FOR
COMMISSIONS, BOARDS AND COMMITTEES 110.40)
As set forth in the Report dated December 15, 1987, from the City Clerk, the lists
of Commissions, Boards, and Committees were affirmed as submitted. Council
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concurred with posting of Vacancy Notices at the three official posting places in the
City and in the City Clerk's Department.
PUBLIC HEARINGS
This Hearing was continued from the meeting of December 1, 1987.
Proposal:
Consideration of an Owner Participation Agreement for Community Redevelopment
Agency lease of a portion of the proposed parking structure at the Franciscan Plaza,
31781 Camino Capistrano. Upon expiration of the lease, a deed restriction will
insure that the parking will remain public in perpetuity. The lease will not add any
additional taxes or bonded indebtedness to residents or property owners of the
City. The project, as approved by the City, includes 18,500 square feet of
restaurant and specialty shops, a five -screen movie theatre complex, and a 410 -
space parking structure. The proposed agreement will provide the City with an
increase in available downtown parking, public improvements to Verdugo Street, and
a railroad platform in return for financial assistance to the project.
Applicant:
This was a City -initiated public hearing.
Written Communications:
TIT Report dated December 15, 1987, from the City Manager,
recommending approval of the Agreement.
(2) Notebook containing:
(a) Council/Agency staff reports;
(b) Executive Summary - Owner Participation Agreement, Franciscan
Plaza Project;
(c) Reuse Appraisal, Franciscan Plaza Parking Structure, prepared by
Natelson, Levander, Whitney, Inc., stating the reuse value at
$14,904,040 as of November 2, 1987;
(d) Owner Participation Agreement between the Agency and the
Franciscan Plaza Investment Group; and,
(e) Council/Agency Resolutions.
Executive Summary:
The Executive Director made an oral report, advising that the Agency will lease the
structure for 55 years at a base rent of $1.00 for the first three rental periods of 6
months, 18 months, and 36 months after issuance of the Certificate of Occupancy,
and $1.00 per year thereafter. He described the Agency's obligations to pay for the
public's perpetual access to the facility in the form of supplemental rent payments.
The minimum supplemental rent will be $675,000; the maximum is $1,500,000. The
agreement also provides for maintenance of common areas at a maximum of $20,000
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2.
3'7:
per year. There will be a charge for parking in the structure; the amount was
undetermined at this time. The parking structure is to be opened for use within 18
months of approval of the Owner Participation Agreement.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and the following person responded:
(1) Paul Farber, 31885 Circle Drive, South Laguna, representing the
Franciscan Plaza Investment Group, advised he was present to answer
questions.
There being no further response, Mayor Bland closed the Public Hearing with the
right to re -open at any time.
Approval of Lease/Owner Participation Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that
the following Resolution be adopted:
rnn A 1�1rn i ■viv nviccuviuv i ri nA n/ - n
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE LEASE
OF CERTAIN PROPERTIES AND FACILITIES WITHIN THE SAN
JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT
AREA FROM FRANCISCAN PLAZA INVESTMENT GROUP;
AND, APPROVING THE OWNER PARTICIPATION AGREEMENT
PERTAINING THERETO
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Friess
Proposal:
Consideration of street closures between the hours of 6:30 a.m., and 9:30 a.m., on
Saturday, March 5, 1988, to conduct the City's 11th Annual 10 KM Run. The course
will be identical to last year's race. The City's Community Fair will commence at
C. Russell Cook Park/La Novia immediately following the run.
Applicant
This was a City -initiated public hearing.
Written Communications:
Report dated December 15, 1987, from the Director of Community Services,
forwarding the proposed route.
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The Director of Community Services made an oral report.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Approval of Route and Street Closures:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried, with Councilman Friess absent, to approve the 6.2 -mile route
and the closing of the following streets between 6:30 a.m., and 9:30 a.m., on
Saturday, March 5, 1988:
La Novia from Ortega Highway to San Juan Creek Road;
Calle Arroyo from Paseo Tirador to Avenida Siega;
Avenida Los Amigos from Avenida Padre to Avenida La Paloma;
Avenida La Paloma from Avenida Los Amigos to Camino Capistrano;
Junipero Serra Road (eastbound) from Camino Capistrano to Rancho
Viejo Road;
Rancho Viejo Road from Junipero Serra to Malaspina Road.
With regard to the following five public hearings, Mayor Bland advised that the proposed
rezones would not replace any existing park regulations setting age limitations higher
than 18 years of age. Those kinds of house rules will stay in place and be enforced by
park management. The proposed rezones would set a minimum age limit of 18 years in
parks which have requested the rezone.
3.
Proposal:
Consideration of a proposal to zone the Capistrano Terrace Mobile Home Park as an
Adult -Only Park. The proposed zoning will establish the minimum age of residents
at 18 years of age. The action will be consistent with previous house rules, which
were changed in August, 1987, by the new owner, to allow family residents. The
park is located at 32802 Valle Road. Surrounding uses include I-5 to the west;
vacant land to the north and east; and, the Bill Yates auto dealership to the south.
The action was initiated by Council on July 21, 1987, at the request of park
residents.
Applicant
This was a City -initiated public hearing.
Written Communications:
1 Report dated December 15, 1987, from the Director of Community
Planning and Development, advising that the present park design and
intensity did not support a change to a family park, and recommending
approval of the zone change.
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(2) Letters in support of the proposed action were received from:
Jean M. Gravelle, Space 93;
Ina H. Luckenbill, Space 148;
Jerry Eddy, Space 150;
Mr. and Mrs. Claude Gillett, Space 147.
The City Planner made an oral report and advised that the proposed rezone would
supersede current park regulations allowing persons under 18 years of age to reside
in the park. He advised that the park had originally been constructed as a
recreational vehicle park. Over the years variances had been granted to
accommodate larger units. In 1981, a Specific Plan was adopted for the park which
allowed a reduction in the minimum separation between spaces. Until 1987, the park
had been restricted to adults only. He recommended approval of the rezone due to
the small space sizes in the park, the lack of adequate recreational facilities for
children, and inability to mitigate noise impacts.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and the following persons responded:
(1) Mary Rose Winkler, Space 111, spoke in support of the rezone and cited
concern for safety of children as well as elderly residents.
(2) Mary Peer, Space 47, Chairman of the Homeowners Association, spoke
in support of the rezone due to concerns regarding safety, noise and
topography of the park. She suggested establishing a moratorium on
incoming residents with children until the issue was settled.
(3) Vicki Talley, 7125 Mockingbird Way, Anaheim, 92807, Executive
Director of the Orange County Mobile Homeowners Association, advised
that the owners of Capistrano Terrace Mobile Home Park and San Juan
Mobile Estates were opposed to the rezone. She spoke in support of
property rights and the need to provide housing for first-time buyers.
(4) Richard Hall, owner of Capistrano Terrace, 1200 Quail Street, Suite
280, Newport Beach, 92660, spoke in opposition to the rezone and cited
the desire to open housing to a broader market.
(5) Bob Davies, representing the Planning Commission, advised that the
Commissions' primary concern in recommending the "Adult -Only"
zoning for this park had been the issue of safety.
There being no further response, Mayor Bland closed the Hearing with the right to
re -open at any time.
Councilman Friess arrived at 8:03 p.m.
Council Discussion:
Councilman Schwartze noted unique characteristics and problems associated with
Capistrano Terrace. Council discussed the State Supreme Court decision which
allows zoning for adults only. Councilman Hausdorfer initiated discussion regarding
the ability to initiate and enforce mobile home park "house" rules versus the need
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4.
for zoning, and cited concerns regarding the exclusionary nature of the zoning and
the fairness involved in the issue. The City Manager stated that in terms of
changing circumstances and conditions in the parks, a determination on the issue was
necessary.
Approval of Rezone 87-7:
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
Schwartze, seconded by Councilman Buchheim that the following Ordinance be
introduced:
CAPISTRANO, CALIFORNIA, ENACTING A ZONING
AMENDMENT DESIGNATING CAPISTRANO TERRACE MOBILE
HOME PARK AS AN ADULT MOBILE HOME PARK (MHP -A)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim,
and Mayor Bland
NOES: Councilman Hausdorfer
ABSTAIN: Councilman Friess
ABSENT: None
Spaces in the park currently leased to tenants with young children will be considered
non -conforming uses and shall be regulated as continuing non -conforming uses.
Councilman Schwartze initiated discussion regarding the long-range future of the
property, including possible relocation of the park. Concern was expressed that
there be no loss of housing stock and there was a consensus that no action or study
be initiated unless requested by the property owner.
Proposal:
Consideration of a proposal to zone the Rancho Alipaz Mobile Home Park as an
Adult -Only Park. The proposed zoning will establish the minimum age of residents
at 18 years of age. The action will not affect currently established house rules _
mandating a higher minimum age requirement. The park is located at 32371 Alipaz
Street. Surrounding uses include multi -family residential to the north; public
institutional to the west; agriculture to the south, and mobile homes to the east.
The action was initiated by Council on July 21, 1987, at the request of park
residents. The park management company had no objections to the proposed rezone.
Applicant:
This was a City -initiated public hearing.
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12/15/87
5.
Written Communications:
Report dated December 15, 1987, from
Development, advising that the park
facilities for individuals under 18 years
rezone.
The City Planner made an oral report.
41
m the Director of Community Planning and
was not designed to provide recreational
of age and recommending approval of the
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Approval of Rezone 87-6:
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
Schwartze, seconded by Councilman Friess that the following Ordinance be
introduced:
87
CAPISTRANO, CALIFORNIA, ENACTING A ZONING
AMENDMENT DESIGNATING RANCHO ALIPAZ MOBILE HOME
PARK AS AN ADULT MOBILE HOME PARK (MHP -A)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor Bland
NOES: Councilman Hausdorfer
ABSENT: None
Spaces in the park currently leased to tenants with young children will be considered
non -conforming uses and shall be regulated as continuing non -conforming uses.
Proposal:
Consideration of a proposal to zone the Villa San Juan Mobile Home Park as an
Adult -Only Park. The proposed zoning will establish the minimum age of residents
at 18 years of age. The action will not affect currently established house rules
mandating a higher minimum age requirement. The park is located at 33831 Camino
Capistrano. Surrounding uses include retail to the south; the Santa Fe railroad
tracks to the west, I-5 to the east; and miscellaneous residential/retail to the
north. The site is designated 4.1 Quasi -Industrial and is presently zoned as
residential. It is considered a legal non -conforming use since it was established prior
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6.
to the current General Plan designation. The action was initiated by Council on
July 21, 1987, at the request of park residents.
Applicant:
This was a City -initiated public hearing.
Written Communications:
Report dated December 15, 1987, from
Development, advising that the park
facilities for individuals under 18 years
rezone.
The City Planner made an oral report.
m the Director of Community Planning and
was not designed to provide recreational
of age and recommending approval of the
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Approval of Rezone 87-8:
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 Schwartze that the following Ordinance be
introduced:
CAPISTRANO, CALIFORNIA, ENACTING A ZONING
AMENDMENT DESIGNATING VILLA SAN JUAN MOBILE HOME
PARK AS AN ADULT MOBILE HOME PARK (MHP -A)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor Bland
NOES: Councilman Hausdorfer
ABSENT: None
Spaces in the park currently leased to tenants with young children will be considered
non -conforming uses and shall be regulated as continuing non -conforming uses.
Proposal:
Consideration of a proposal to zone the Capistrano Valley Mobile Estates as an
Adult -Only Park. The proposed zoning will establish the minimum age of residents
at 18 years of age. The action will not affect currently established house rules
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43
mandating a higher minimum age requirement. The park is located at 26000 Avenida
Aeropuerto. Surrounding uses include industrial park to the north and east; San Juan
Creek to the west; and vacant land to the south. The site is designated 4.1 Quasi -
Industrial and is presently zoned as residential. The site is considered a legal non-
conforming use since it was established prior to the current General Plan
designation. The property indicated support of the proposed action. The action was
initiated by Council on July 21, 1987, at the request of park residents.
Applicant:
This was a City -initiated public hearing.
Written Communications:
1 Report dated December 15, 1987, from the Director of Community
Planning and Development, advising that the park was not designed to
provide recreational facilities for individuals under 18 years of age and
recommending approval of the rezone.
(2) Letter received December 11, 1987, from Willis and Lillian Dougherty,
Space 182, supporting a minimum age of residents at 50 years or older.
The City Planner made an oral report.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Approval of Rezone 87-9:
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:
CAPISTRANO, CALIFORNIA, ENACTING A ZONING
AMENDMENT DESIGNATING CAPISTRANO VALLEY MOBILE
ESTATES AS AN ADULT MOBILE HOME PARK (MHP -A)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor Bland
NOES: Councilman Hausdorfer
ABSENT: None
Spaces in the park currently leased to tenants with young children will be considered
non -conforming uses and shall be regulated as continuing non -conforming uses.
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7.
Proposal:
Consideration of a proposal to zone the San Juan Mobile Estates as an Adult -Only
Park. The proposed zoning will establish the minimum age of residents at 18 years
of age. The action will not affect currently established house rules mandating a
higher minimum age requirement. Surrounding uses include residential to the north;
recreational vehicle storage and restricted residential to the south; Trabuco Creek
to the east; and residential to the west. The action was initiated by Council on
July 21, 1987, at the request of park residents.
Applicant:
This was a City -initiated public hearing.
Written Communications:
Report dated December 159 1987, from the Director of Community Planning and
Development, advising that the park was not designed to provide recreational
facilities for individuals under 18 years of age and recommending approval of the
rezone.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and the following persons responded:
(1) Keith Casenhiser, representing DPH Investments, 725 Brea Canyon
Road, Suite 6, Walnut, spoke in opposition to the rezone. He stated that
a house rule currently sets a minimum age of 55 and there were no plans
to change that rule. He cited concerns that the zoning would restrict
business practices. He stated that the park could easily provide
recreational facilities for children and safety of residents of all ages
was not a problem. He requested that options currently available to the
property owner be left intact.
(2) Harry Manning, Space 280, President of the Residents Association,
spoke in support of the rezone and noted the financial investment of
residents of the park.
Council Discussion:
Councilman Friess stated that mobile home parks are unique in that residents do not
own the land but do have a vested interest in their homes and the City had a
responsibility to maintain consistency in living conditions. Councilman Hausdorfer
stated that his opposition to the zoning was based on the principal of the issue; that
house rules had been adequate and there was no need for the City to interfere.
Mayor Bland stated opposition to the proposed rezone due to the inability to
determine a clear threat to the safety and welfare of the residents, as well as the
opposition of the owner.
Approval of Rezone 87-10:
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
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45
Friess, seconded by Councilman Buchheim that the following Ordinance be
introduced:
APPROVING
CALIFORNIA, ENACTING A ZONING AMENDMENT
DESIGNATING SAN JUAN MOBILE ESTATES AS AN ADULT
MOBIL£ HOME PARK (MHP -A)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, and Buchheim,
NOES: Councilman Hausdorfer and Mayor Bland
ABSENT: None
Spaces in the park currently leased to tenants with young children will be considered
non -conforming uses and shall be regulated as continuing non -conforming uses.
RECESS AND RECONVENE
Council recessed at 9:00 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 9:02 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. MAYOR'S BUSINESS COMMUNITY PRIDE AWARD (610.30)
Written Communications:
Report dated December 15, 1987, from the City Manager, advising that the Business
Community Pride Award Program had been prepared pursuant to the Mayor's
request. The program will recognize businesses that promote community pride and
aesthetic values. Businesses will be nominated and evaluated based on established
criteria, which will include representation of the City's culture and heritage,
conformity to City Code, quality landscaping, improvements to surrounding
environment and noted building improvements. The report recommended formation
of a committee to evaluate nominees, with the position of Mayor presiding as
chairman. The committee will include a member of San Juan Beautiful and a
member of the Chamber of Commerce. A certificate was recommended as the type
of award to be given.
Mayor Bland suggested that the President represent the Chamber of Commerce and
that the committee include a City staff member to be appointed by the City
Manager. He stated that the award should be a plaque or City tile engraved with an
explanation.
Approval of Award:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to approve the implement the Mayor's Business Community
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2.
3.
Pride Award program with the modification that the award be in the form of a
plaque.
Written Communications:
Report dated December 15, 1987, from the City Manager, advising that Libros y
Artes had signed an agreement with Melville Martin to display and house the
collection of Mel Martin Antiques. It was now necessary for Libros y Artes and the
City to develop an agreement to provide the necessary display facilities. The first
stage in developing these facilities is the extension of the City library, currently
under design. The agreement would also allow for the pursuit of additional facilities
in conjunction with the development of a cultural arts center or providing adjacent
facilities to the current library.
The City Manager recommended that the City continue design of the new wing of
the library and development an agreement with Libros y Artes wherein the City
would construct the library wing and Libros would guarantee that the collection
would remain in San Juan Capistrano. The collection would be used to study and
fund decorative arts. He requested authorization to continue discussions with Gep
Durenburger for acquisition of his facility for a decorative and fine arts center.
Development of Agreement/Facility Acquisition:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to:
(1) Authorize the development of an agreement between Libros y Artes and
the City relative to providing facilities for the housing and display of
various art collections. The Agreement will be submitted for
consideration in January, 1988.
(2) Authorize the City Manager/CRA Executive Director to further pursue
the possible acquisition and development of additional facilities for the
study and presentation of fine and decorative arts, including appraisal
reports and for exploration of possible funding sources.
Written Communications:
Report dated December 15, 1987, from the Deputy Director of the Community
Redevelopment Agency, advising that the present schedule for the planning and
design review process for the Historic Town Center was established prior to
separation of the development team. As a result of discussions focusing on selection
of a hotel operator and developing appropriate design for the hotel, staff
recommended modifying the existing process which adopts a Development
Agreement simultaneously with land use approvals. The report recommended
approval of a Development Agreement, prior to land use approvals, which would be
based on the Disposition and Development Agreement. The Agreement would be
tentatively scheduled for Council consideration in February. The City Manager
outlined the proposed schedule and advised that staff and the developer would work
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4'7
together for selection of a hotel operator. Consultant Services would be retained
only if necessary.
Proiect Advisory Committee:
The report further recommended formation of a Project Advisory Committee,
composed of two Council Members, the City Manager, the Planning Director, a
Member of the Planning Commission and of the Architectural Board of Review and a
design consultant, to guide and expedite the design and development review process
for the project. Councilmen Friess and Hausdorfer were appointed to represent
Council on the Project Advisory Committee. Councilman Friess nominated Nancy
Ferruzzo to represent the Architectural Board of Review; Mayor Bland nominated
Roy Nunn to represent the Planning Commission. There being no further
nominations, nominations were closed.
Approval of Modifications/Formation of Committee:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to approve the proposed modifications to the Design and
Development Review process and to direct staff to begin implementation. The
Project Advisory Committee was formed with selection of Nancy Ferruzzo,
Architectural Board of Review representative, Roy Nunn, Planning Commission
representative and Council Members Friess and Hasudorfer.
CITY CLERK
1.
Written Communications:
Report dated December 15, 1987, from the City Clerk, forwarding a Resolution
calling and giving notice of the General Municipal Election to be held on Tuesday,
April 12, 1988, for the election of two members of the City Council for four-year
terms to fill the offices presently held by Councilmen Buchheim and Friess. The
nomination period runs from January 14, 1988, to February 4, 1988, at 5:00 p.m. If
any incumbent does not file by February 4th, the period will be extended to
February 9, 1988, at 5:00 p.m., for persons other than incumbents. The polls will be
open from 7:00 a.m., to 8:00 p.m. The sum of $16,000 was included in the City
Clerk's 1987-88 budget.
Calling Election:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the
following Resolution be adopted:
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD IN THE CITY ON TUESDAY, APRIL 12, 1988, FOR THE
ELECTION OF CERTAIN OFFICERS OF THE CITY AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE
OF CALIFORNIA RELATING TO GENERAL LAW CITIES
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2.
3.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None —
ABSENT: None
Written Communications:
Report dated December 15, 1987, from the City Clerk, forwarding a Resolution
requesting that the Board of Supervisors permit the County Election Department to
render the following service relating to the general municipal election to be held on
April 12, 1988: computer record and indices of names and addresses of registered
voters. The cost for the service was estimated at $1,500; costs are included in the
City Clerk's 1987-88 budget.
Requesting Election Services:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the
following Resolution be adopted:
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES
TO THE CITY RELATING TO THE CONDUCT OF A GENERAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY ON
TUESDAY, APRIL 12, 1988
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
The City Clerk was directed to forward certified copies of the Resolution to the
Board of Supervisors and to the County Election Department.
Written Communications:
Report dated December 15, 1987, from the City Clerk, forwarding a Resolution
determining that each candidate for election shall pay the estimated prorated costs
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u J
of printing and handling the Candidate's Statement. The report advised that since
the 1984 election, amendments to the minority language provisions of the Federal
Voting Rights Act had been made and the City was no longer required to translate
election materials into Spanish. Provisions of the State law would require
translation: (1) if individual candidates request that a translation of their
Candidate's Statement be prepared and mailed with ballot materials; (2) translations
of any measures are to be posted in each voting booth at the polls. The prorated
costs of printing and handling the Candidate's Statement were estimated at $200 for
English only and $400 for English and Spanish.
Charge for Statement:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the
following Resolution be adopted:
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO
MATERIALS SUBMITTED TO THE ELECTORATE AND THE
COSTS OF THE CANDIDATES STATEMENTS FOR THE
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY
ON TUESDAY, APRIL 12, 1988
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
The City Clerk was directed to provide each candidate or candidate's representative
a copy of the Resolution at the time nominating petitions are issued. All previous
resolutions establishing Council policy on payment for candidates statements were
repealed. This Resolution shall apply at the next ensuing municipal election and at
each municipal election after that time.
4. RESOLUTION DESIGNATING CENTRAL COUNTING PLACE - APRIL 12 1988
GENERAL MUNICIPAL ELECTION 630.20
Written Communications:
Report dated December 15, 1987, from the City Clerk, forwarding a Resolution
designating the City Council Chamber as the central counting place for all ballots
cast at the April 12, 1988, general municipal election. The cost for rental of the
vote tallying equipment was estimated at $1,500. There will be additional costs for
personnel. Funds are budgeted in the City Clerk's 1987-88 budget.
Central Counting Place:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the
following Resolution be adopted:
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87-1
l.t:.N 1 KAL LUUN 1 10 a rLCf I.G - n acG a� a awe v ..a. ...
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING THAT ALL BALLOTS BE COUNTED
AT A CENTRAL COUNTING PLACE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
5. CANVASS OF GENERAL MUNICIPAL ELECTION (630.20)
Written Communications:
Report dated December 15, 1987, from the City Clerk, forwarding a Resolution
ordering the canvass of the April 12, 1988, election results to be made by the City
Clerk. A Certificate of the results will be prepared for acceptance by the City
Council on April 19, 1988.
Canvass of Election:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the
following Resolution be adopted:
JUAN CAPISTRANO, CALIFORNIA, ORDERING THE CANVAJD
OF THE GENERAL MUNICIPAL ELECTION OF TUESDAY,
APRIL 12, 1988, TO BE MADE BY THE CITY CLERK
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
DIRECTOR OF PUBLIC WORKS
1. AWARD OF CONTRACT - STREET SWEEPER
NIXON-EGLI EQUIPMENT COMPANY 370.30)
Written Communications:
Report dated December 15, 1987, from the Director of Public Works, forwarding
results of bids received for purchase of a new street sweeper. The report
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recommended award of the bids
$95,000. The recommended bid
Account 16-6313-4440-512 w
expenditure.
51
to Nixon -Egli. The estimated purchase price was
amounted to $96,142 and a budget adjustment from
as necessary to accommodate the additional
Award of Bid:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to accept the bid for one street sweeper and, based on
compliance to specifications, award the contract to Nixon -Egli Equipment Company,
of Santa Fe Springs, in the amount of $96,142. A budget adjustment from the
Internal Services Fund was approved to accommodate the expenditure. All other
bids failed to conform to bid specifications.
2. QUITCLAIM OF ROAD EASEMENT -
Written Communications:
Report dated December 15, 1987, from the Director of Public Works, advising that
development of the Hunt Club had made the irrevocable offers for easements on
Lots 1 and 2 of Parcel Map 79-860 unnecessary. The report recommended approval
of the quitclaims to the property owners.
Approval of Quitclaim:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried with Councilman Hausdorfer abstaining, to approve the
quitclaim of the road easement on Parcel 1, Parcel Map 79-860 to Gary L. and
Debora A. Hausdorfer, and on Parcel 2, Parcel Map 79-860 to 1979 Redwitz Family
Trust. The City Clerk was directed to forward the documents to the County
recorder.
DIRECTOR OF COMMUNITY SERVICES
1. EOUESTRIAN FACILITIES AT COOK PARK - REPORT
Written Communications:
Report dated December 15, 1987, from the Director of Community Services,
forwarding recommendations developed by the Equestrian Ad Hoc Committee
following their review of data gathered on the recreational users and facilities
existing today as compared to 1980 and input received from a public meeting held on
November 10th. The Committee recommended that:
(1) the City should continue to support the equestrian lifestyle by leasing
land for a stable;
(2) the site at the eastern end of Cook Park is the best site currently
available for this activity;
(3) the concessionaire should be required to maintain a string of rental
horses at this time; and,
(4) the Parks and Recreation Element of the General Plan should be
reviewed and updated and a comprehensive Master Plan developed.
Exhibits were on display and the Director of Community Services made an oral
report, describing each of the proposed plans that had been considered. Councilman
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52
Friess discussed the public meeting and the preference of residents in the immediate
area. Discussion ensued regarding retention of a concessionaire to operate a rental
string; and, land available to the City for recreational uses.
Itv was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to direct the Parks and Recreation Commission to review and
update the Parks and Recreation Element of the General Plan; and, to direct the
Equestrian Commission to develop specifications for a Request for Proposal to
upgrade and expand the horse boarding operation located at the eastern end of Cook
Park. The Request for Proposal will include a requirement to offer a horse rental
service. The Request for Proposal should be announced well before the expiration of
the current lease to ensure no break in service to the public.
COUNCIL REMARKS
COMMENDATION - PUBLIC WORKS STAFF (610.30)
Councilman Friess expressed appreciation to the Public Works crew for their efforts
during the recent storms.
2. PROPOSED HAZARDOUS WASTE SITES (530.20)
Councilman Hausdorfer noted a letter dated November 7, from Cindy Ferguson to
Cindy Lomas of the Orange County EMA, regarding the Hazardous Waste Sites draft
map. He concurred with the contents of the letter and requested continual
monitoring of the issue.
3. COMMENDATION - MARIAN BERGESON (610.30)
Mayor Bland noted that a letter of appreciation had been received from Senator
Marian Bergeson for the City's recent resolution commending her for being named
Legislator of the Year.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:37
p.m., to the next regular meeting date of Tuesday, January 5, 1988, at 7:00 p.m., in the
City Council Chamber.
Respectfully submitted,
MARY ANN,NOVER, CITY CLERK
ATTEST:
ANTHONY .BLAND,MAYOR
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