87-0106_CC_Minutes_Regular Meeting181
JANUARY 6, 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 Friess at 7:06 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Miriam Nelson, Baha'i
Faith/Local Spiritual Assembly of San Juan Capistrano.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Anthony L. Bland, Councilman
Phillip R. Schwartze, Councilman
ABSENT: Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
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;
Thomas G. Merrell, Director of Community Planning and Development; Cheryl Johnson,
Recording Secretary.
MINUTES
Regular Meeting of December 16, 1986:
It was moved by Councilman Schwartze, seconded by Councilman Bland, that the Minutes
of the Regular Meeting of December 16, 1986, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor Friess
NOES: None
ABSENT: Councilmen Buchheim and Hausdorfer
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman Bland, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor Friess
NOES: None
ABSENT: Councilmen Buchheim and Hausdorfer
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CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman Bland, that the staff
recommendations be accepted for the following items listed on the Consent Calendar.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor Friess
NOES: None
ABSENT: Councilmen Buchheim and Hausdorfer
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated December 17, 1986, Warrant Nos. 1,617-1,700, in the
total amount of $227,210.05, was approved as submitted.
2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50)
The City Treasurer's Report of Cash Fund Balances as of November 30, 1986, in the
total amount of $84,230.68, was approved as submitted.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS
The Report dated January 6, 1987, from the Secretary of the Parks and Recreation
Commission, regarding actions taken at the meeting of December 15, 1986, was
ordered received and filed.
4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
5.
The Report dated January 6, 1987, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of December 9,
19, and 24, 1986, was ordered received and filed.
The Report dated January 6, 1987, from the Senior Administrative Assistant,
regarding actions taken at the December 11, 1986, joint meeting of the Cultural
Arts and Heritage Commission and the Los Rios Review Committee, was ordered
received and filed. Staff was requested by the two groups to solicit bids to complete
the final maintenance work on the south wall of the Montanez Adobe.
6. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (840.20
The report dated January 6, 1987, from the Director of Public Works, advising that
the bridge job site will be shut down until April due to County restrictions on
working in the channel during the winter months, was ordered received and filed.
The anticipated completion date remains October, 1987.
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183:
7. DENIAL OF CLAIM FOR_PERSONAL INJURIES (THOMAS BUCSKO) (170.70)
As set forth in the report dated January 6, 1987, from the City Attorney, the Claim
for personal injuries, in the amount of $10,000,000, filed on December 12, 1986, by
Attorney Douglas Applegate on behalf of Thomas Bucsko, was denied.
8. COMPLETION OF 1986 WEED ABATEMENT PROGRAM
(COMMERCIAL LOT CLEANING, INC.) (600.30)
As set forth in the report dated January 6, 1987, from the Director of Public Works,
the 1986 Weed Abatement Program was completed.
The following Resolution was adopted:
9.
111%,.) - n mraJv u l LvIN yr 1 nr- L..I1 I I.v LJ lv t,ll. yr 1 nc \..11 I
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO THE ABATEMENT OF
WEEDS AND OTHER NOXIOUS AND PUBLIC NUISANCES IN
THE CITY OF SAN JUAN CAPISTRANO (COMMERCIAL LOT
CLEANING, INC.)
The Resolution accepted the work as complete in the amount of $29,657.73, and
directed the City Clerk to forward a Notice of Completion to the Orange County
Recorder.
As set forth in the report dated January 6, 1987, from the City Attorney, the
following Resolution was adopted:
UTION NO. 87 -
OF
CAPII\LRJl11C \!-AL\IiLL -lV1AC 0J-001/ - A 1\1.JVLV11V1\ Vl
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING ASSIGNMENT OF
CONSTRUCTION AGREEMENT FROM AMINTA N.V., A
NETHERLANDS ANTILLES COMPANY, TO AMINTA LIMITED
PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP
(PARCEL MAP 83-861)
The City Clerk was directed to forward the "Assignment" document to the County
Recorder's Office.
ACCEPTANCE OF
W
This item was continued to the meeting of January 20, 1987.
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IRREVOCABLE OFFER FOR ROADWAY
This item was continued to the meeting of January 20, 1987.
PUBLIC HEARINGS
1. ESTABLISHMENT OF NUMERIC LIMITS FOR RESIDENTIAL GROWTH
Proposal:
Hearing held pursuant to Section 9-7.08 of the Municipal Code, which requires the
City Council to establish a Numerical Limit on residential building permits which
may be issued in the succeeding three calendar years.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated January 6, 1987, from the Director of Community Planning and
Development, forwarding the Planning Commission recommendation of approval of a
Numerical Limit of 400 dwelling units per year.
Public Hearing.
Notice having been given as required by law, Mayor Friess opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Establishment of Numerical Limits:
It was moved by Councilman Schwartze, seconded by Councilman Bland that the
following Resolution be adopted:
NO.
RICAL
an - A
JUAN CAPISTRANO, CALIFORNIA, SETTING NUMERICAL
LIMITS PURSUANT TO SECTION 9-7.08 OF THE MUNICIPAL
CODE FOR DWELLING UNIT BUILDING PERMITS TO BE
ALLOCATED IN 1987, 1988, 1989 AND 1990
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor Friess
NOES: None
ABSENT: Councilmen Buchheim and Hausdorfer
The Resolution set the following Numerical Limits:
1987 -400 1989 -400
1988 -400 1990 -400
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RECESS AND RECONVENE
Council recessed at 7:13 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:15 p.m.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. MOBILE HOME PARK ASSISTANCE PROGRAM (RANCHO DEL AVION) (430.40)
Written Communications:
Report dated January 6, 1987, from the Director of Community Planning and
Development, advising that the Rancho Del Avion Mobile Home Park, located at
32742 Alipaz Street, was in the process of converting to a condominium park. The
report advised that 12 residents were unable to make contributions to the Rancho
Del Avion Homeowners' Trust, formed in 1984 to exercise an option to purchase the
85 years remaining under an existing ground lease, and had requested assistance in
purchasing their units through the State's Housing and Community Development
Mobile Home Assistance Program. The report further advised that the loan
application must be made jointly by the Rancho Del Avion Homeowners' Trust and
the City as co -applicants; the City would not be held responsible for any default on
the loans.
Approval of Application for Loan:
It was moved by Councilman Bland, seconded by Councilman Schwartze that the
following Resolution be adopted:
ASSIS
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
SUBMITTAL OF A LOAN APPLICATION, THE INCURRING OF AN
INDEBTEDNESS, THE EXECUTION OF A STANDARD
AGREEMENT AND ANY AMENDMENTS THERETO, A
PROMISSORY NOTE, AND ANY OTHER DOCUMENTS
NECESSARY TO SECURE A MOBILE HOME PARK ASSISTANCE
PROGRAM LOAN FROM THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT (RANCHO DEL
AVION MOBILE HOME PARK)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor Friess
NOES: None
ABSENT: Councilmen Buchheim and Hausdorfer
The City Manager was authorized to transmit the resolution and application to the
State Department of Housing and Community Development.
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The Resolution authorized the Rancho Del Avion Homeowners' Trust to incur
indebtedness or accept a commitment of funds on behalf of the mobile home park
residents; to enter into a standard agreement wit the California Department of
Housing and Community Development; to give a promissory note and execute
security and other instruments as required; to request amendments, if necessary;
and, to execute any and all documents required by the Department.
DIRECTOR OF PUBLIC WORKS
1. ENCROACHMENT PERMIT FOR TEMPORARY EXTENSION OF PASEO
Written Communications:
Report dated January 6, 1987, from the Director of Public Works, advising that in
order to extend Paseo Adelanto north to access the Solag Disposal Company
property, an encroachment permit must be executed by the City to install, operate
and maintain a temporary non-public roadway within the Orange County Flood
Control District's right-of-way for Trabuco Creek Channel. The property, known as
Assessor's Parcel No. 649-201-01, lies between two City -owned properties and is
located between approximately 200 feet north of Del Obispo Street and the
abandoned River Street. The permit contained special conditions, including a permit
fee of $300; and, expiration of the permitted use two years from approval. The
report advised that $20,000 had been budgeted in the Community Development
Account 26-6900-4720-C10; however, the project will be more extensive than
originally envisioned and the revised Engineer's Estimate was $50,000.
Approval of Encroachment Permit:
It was moved by Councilman Schwartze, seconded by Councilman Bland and
unanimously carried to authorize the City Engineer to execute the encroachment
permit for the construction of the temporary extension of Paseo Adelanto.
DIRECTOR OF COMMUNITY SERVICES
APPLICATION FOR GRANT FUNDS - COMMUNITY PARKLANDS A
Written Communications:
Report dated January 6, 1987, from the Director of Community Services, advising
that Proposition 43, passed on June 3, 1986, authorized grants to qualifying local
agencies to acquire, develop or rehabilitate local park and recreational facilities;
that the City would be eligible for an allocation of $61,000 should the application be
approved. The report recommended projects in three categories: (1) bicycle trail
construction; (2) purchase and construction of playground equipment and other
amenities at various City parks; and, (3) Old Capistrano High School tennis and
basketball court improvements. The report set forth a cost estimate of materials
and construction for projects within each category.
Approval of Application:
It was moved by Councilman Schwartze, seconded by Councilman Bland that the
following Resolution be adopted:
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18'7
JUAN CAPISTRANO, CALIFORNIA,
APPLICATION FOR GRANT FUNDS
PARKLANDS ACT OF 1986
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor Friess
NOES: None
l VL " 1700 - A
THE CITY OF SAN
APPROVING THE
- COMMUNITY
ABSENT: Councilmen Buchheim and Hausdorfer
ORDINANCES
1. APPROVING AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
WALK-IN THEATRES IN THE TOURIST COMMERCIAL DISTRICT (460.30)
Written Communications:
Report dated January 6, 1987, from the City Clerk, advising that the Ordinance was
introduced at the meeting of December 16, 1986, and was scheduled for adoption.
Adoption 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
Schwartze, seconded by Councilman Bland that the following Ordinance be adopted:
U1J1 Rll.l - A11 VRU1lVCf1VVG VL' IL1 lAI I VV of LN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.411 OF
THE MUNICIPAL CODE ALLOWING FOR THE USE OF WALK-
IN THEATRES IN THE TOURIST COMMERCIAL (CT) ZONING
DISTRICT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor Friess
NOES: None
ABSENT: Councilmen Buchheim and Hausdorfer
2. APPROVING AMENDMENT TO
Written Communications:
Report dated January 6, 1987, from the City Clerk, advising that the Ordinance was
introduced at the meeting of December 16, 1986, and was scheduled for adoption.
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Adoption 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
Schwartze, seconded by Councilman Bland that the following Ordinance be adopted:
ORDINANCE NO. 590, AMENDMENT TO TITLE 5 OF THE
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 19, ENTITLED "PARKING
ON PRIVATE PROPERTY," TO TITLE 5 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor Friess
NOES: None
ABSENT: Councilmen Buchheim and Hausdorfer
COUNCIL REMARKS
HUNTING PERMITS FOR MOUNTAIN LIONS (500.40)
Councilman Schwartze advised that he had learned that the California Department
of Fish and Game will hold a session next week to consider allowing trophy hunting
of mountain lions in the South Orange County area and requested action be taken in
opposition.
Finding of New Item:
It was moved by Councilman Schwartze, seconded by Councilman Bland and
unanimously carried to make the finding that this was a new item which arose after
posting of the Agenda and could be acted upon at this time.
Opposition to Trophy Hunting:
It was moved by Councilman Schwartze, seconded by Mayor Friess that the following
Resolution be adopted:
RESOLUTION
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, OPPOSING THE ISSUANCE OF PERMITS BY THE
STATE OF CALIFORNIA FOR TROPHY HUNTING OF
MOUNTAIN LIONS IN THE AREA OF THE COUNTY
WILDERNESS PARKS SURROUNDING SAN JUAN CAPISTRANO
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The motion carried by the following vote:
AYES: Council men-Schwartze, Bland,
and Mayor Friess
NOES: None
ABSENT: Councilmen Buchheim and Hausdorfer
2. PARKING OF VEHICLES FOR SALE (570.30)
Councilman Bland requested that pursuant to the Ordinance establishing regulations
for parking on private property, action be taken regarding vehicles for sale parked in
the Ralphs parking lot.
3. APPEAL OF FINDINGS OF MOBILE HOME PARK REVIEW COMMITTEE
Mayor Friess advised that at the January 20th meeting the Council would hear an
appeal of the findings of the Mobile Home Park Review Committee and the Hearing
Officer with regard to the Capistrano Terrace Rent Petition; that the Council would
function as an appellate body only and would not receive public testimony.
4. WEED ABATEMENT IN VICINITY OF CAPISTRANO TE
Mayor Friess noted the abatement of weeds along the freeway and roads near the
Capistrano Terrace Mobile Home Park and requested the Director of Public Works to
determine property lines and responsibility for additional abatement in the area.
5. FARM LABOR HOUSING (KINOSHITA) (430.40)
Mayor Friess noted receipt of a letter dated December 17, 1986, from Shig Kinoshita
regarding farm labor housing difficulties and requested the City Manager to respond.
6. EQUESTRIAN COMMISSION APPOINTMENT (110.20)
Mayor Friess noted that additional applications had been received for the Equestrian
Commission and interviews would be scheduled prior to the January 20th meeting, at
which time appointment will be made.
7. DIMENSION CABLE TELEVISION SERVICE (1000.40)
Councilman Schwartze stated that the service had improved and no major outages
had occurred during the holidays.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:32
p.m., to the next regular meeting date of Tuesday, January 20, 1987, at 7:00 p.m., in the
City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
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