85-0917_CC_Minutes_Regular MeetingSEPTEMBER 17, 1985 155
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Schwartze at
7:06 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Paul
Martin, Old Mission San Juan Capistrano.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, 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; Thomas G.
Merrell, Director of Community Planning and Development; Thomas
L. Baker, Director of Community Services; Cheryl Johnson,
Recording Secretary.
MINUTES
Regular Meeting of September 3, 1985:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that the Minutes of the Regular Meeting of September 3,
1985, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
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156
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - FIRE PREVENTION WEEK OCTOBER 6-12, 19
Written Communications:
Report dated September 17, 1985, from the City Clerk,
forwarding a Proclamation highlighting the fire prevention
and protection activities of fire departments nation-wide.
An open house was scheduled for Saturday, October 12, 1985,
from 9:00 a.m. to 4:00 p.m., at the San Juan Capistrano
Fire Station No. 7.
Fire Prevention Week:
With the concurrence of Council, Mayor Schwartze proclaimed
the week of October 6 through October 12, 1985, as Fire
Prevention week in the City and presented the Proclamation
to Battalion Chief Mike Ahumada.
2. PROCLAMATION - UNITED NATIONS DAY, OCTOBER 24, 1985 (114.2)
Written Communications:
Report dated September 17, 1985, from the City Clerk,
forwarding a Proclamation designating October 24, 1985, as
United Nations Day in order to make known the aims and
achievements of the United Nations.
United Nations Day:
With the concurrence of Council, Mayor Schwartze proclaimed
October 24, 1985, as United Nations Day, and directed that
the Proclamation be forwarded to Ambassador Peter H. Dailey
of the United Nations Association of the United States of
America.
3. RECOGNITION OF LONG-TERM EMPLOYEES (500.1)
Written Communications:
Report dated September 17, 1985, from the Assistant to the
City Manager, advising that the following employees were
eligible for recognition as long-term employees:
Jack Galaviz, Public Works Department - 15 years;
Tom Tomlinson, Community Planning and Development -
10 years;
Harold Muckey, Community Planning and Development -
10 years;
Sam Kirkland, Public Works Department - 10 years; and,
Tom Baker, Community Services Department - 10 years.
With the exception of Mr. Galaviz, the employees were
present and joined Mayor Schwartze on the podium to receive
their Service Award Plaques.
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1 5 7
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated September 17, 1985, Warrant
Register No. 86-032, in the total amount of $343,273.99, was
approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1)
The City Treasurer's Report of Investments as of August 31,
1985, in the total amount of $8,330,000, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BI
The City Treasurer's Report of 1911 Act Bond Delinquencies
as of August 31, 1985, in the total amount of $63.99, was
approved as submitted.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4)
The Report dated September 17, 1985, from the Secretary of
the Equestrian Commission, regarding actions taken at the
meeting of September 9, 1985, was ordered received and
filed.
5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(139.4)
The Report dated September 17, 1985, from the Secretary of
the Traffic and Transportation Commission, regarding actions
taken at the meetings of August 14 and 28, 1985, was ordered
received and filed.
6. EASEMENT FOR VEREDA BIKEWAY (GLENDALE FEDERAL) (407/704.2)
As set forth in the report dated September 17, 1985, from
the Director of Public Works, the easement from Glendale
Federal Savings and Loan for construction of a portion of
the Vereda Bikeway from La Novia Avenue easterly
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r
158
approximately 535 feet, was accepted. The City Clerk was
directed to forward the document to the Orange County
Recorder's Office.
MENT RELATING TO MAINTENANCE OF SLOPE AND LANDSCAPING,
ERO SERRA AND RANCHO VIEJO ROAD (SAN JUAN CORPORATE PLAZA
5/406.623)
This item was removed from the Consent Calendar at the
request of the Director of Public Works.
Mr. Murphy advised that the property had been recently
acquired by San Juan Corporate Plaza from Junipero Serra
Partnership; the agreement submitted for consideration was
with San Juan Corporate Plaza. It was moved by Councilman
Buchheim, seconded by Councilman Friess, and unanimously
carried to approve the agreement with San Juan Corporate
Plaza for installation and maintenance of slope improvements
and landscaping within a portion of City right-of-way along
Rancho Viejo Road just north of Malaspina Road, as set forth
in the report dated September 17, 1985, from the Director of
Public Works. The Mayor and City Clerk were authorized to
execute the agreement on behalf of the City; the City Clerk
was directed to forward the agreement to the Orange County
Recorder's Office.
PUBLIC HEARINGS
1.
SOCIETY'S PACFIC
TOUR
Proposal•
Consideration of a request for issuance of a parade permit to
conduct a portion of a 70 -mile bicycle tour on Saturday,
October 5, 1985. The tour, sponsored by the San Diego
Chapter of the Leukemia Society of America, will start in
San Juan Capistrano and finish in San Diego's Balboa Park.
Applicant:
San Diego County Chapter, Leukemia Society of America, Inc.,
4535 30th Street, Suite 208, San Diego, 92116.
Written Communications:
Report dated September 17, 1985, from the Director of Public _
Works, advising that the tour would assemble at the old
Mission Drive -In Theater site
side of Del Obispo Street to
trail at Paseo Adelanto, and
limits. No street closures o
anticipated; the portion of t
projected to continue between
-4-
, proceed along the southern
the paved off-road bicycle
continue southerly to the City
r traffic delays were
he event in the City was
7:30 and 9:30 a.m.
9/17/85
1 �►9
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Approval of Parade Permit:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to approve the
Parade Permit for the Leukemia Society's Pacific Coast
Bicycle Tour on Saturday, October 5, 1985, subject to the
condition that all entrants be required to obey all traffic
control devices.
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM - SAN JOAQUIN
HILLS AND FOOTHILL/EASTERN TRANSPORTATION CORRIDORS (801.7
Proposal:
Consideration of City participation in the Joint Powers
Authorities for the San Joaquin Hills and Foothill/Eastern
Transportation Corridors. Approval would include adoption
of areas of benefit and imposition of fees for each
corridor, as well as adoption of the Major Thoroughfare and
Bridge Fee Program. The Ordinance adpoting the Major
Thoroughfare and Bridge Fee Program was introduced at the
meeting of August 20, 1985; the Resolution establishing the
areas of benefit and setting forth costs and methods of
apportionment for the Major Thoroughfare and Bridge Fee
Program was reviewed on August 20, 1985. Approval of fees
in the areas of benefit would establish additional charges
of from $1,010 to $1,305 for new single-family dwellings;
from $590 to $760 for multiple unit residential; and, from
$1.30 to $1.80 per square foot for all non-residential
construction.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
(1) Report dated September 17, 1985, from the City Manager,
forwarding Joint Powers Agreements for the Corridors
and excerpts from the City's General Plan for inclusion
as part of the City's approval of the Joint Powers
Authority documents, and inclusion in prior memorandum
of understanding. The General Plan excerpts included
portions of the Scenic Highways Element; the Noise
Element; the Community Design Element; the
Circulation Element, including General Plan Amendment
77-3A, text changes; and, the Interim Policy Plan,
transportation and circulation. The statements were
included to set forth the expectations and standards of
the City and to provide guidance and direction to the
City's representatives to the Joint Powers Authorities.
(2) Letter dated September 6, 1985, from Leo E. Ay, 32156
Via Barrida, San Juan Capistrano, in support of
construction of the Corridors.
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Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing, and the following persons
responded:
(1) Al Arps, 32302 Alipaz Street, Space 158, spoke in
opposition to the proposed Corridors and method of
financing.
(2) Bill Spiros, a resident of Irvine and Chairman of COST,
a Committee of 7,000, provided an update on the Irvine
initiative measure which sought to place the question
of support of the Corridors before the voters. He
advised that the subsequent court decision to prohibit
placement of the measure on the ballot had been
appealed and requested that no action be taken until
the court had issued a ruling. He read a KCBS, Channel
2 Editorial, broadcast September 1 and 2, 1985,
regarding the Corridors.
(3) Leslie Campbell, 26000 Aeropuerto, spoke in opposition
to the fees, stating they were equivalent to taxation
without representation.
(4) James Thorpe, 27952 Calle Santa Ynez, spoke in
opposition to the method of funding, stating funds
should be provided from gas tax monies. He cited a
lack of benefit to the City and opposition to any
action promoting construction of the Corridors.
(5) Russell Burkett, 29520 Spotted Bull Lane, Executive
Director of Orange County Tomorrow, a non-profit group,
spoke in opposition to the Corridors and the method of
funding. He cited a lack of traffic benefits; a lack
of information regarding actual costs, accumulated debt
and income projections; stated concern at the departure
from traditional methods of financing roadway
construction; and, stated that it may be in violation
of Proposition 4. He recommended that no action be
taken until a ruling was received on the Irvine
initiative.
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1 o
The City Manager made an oral report, noting past action
which led to development of the Major Thoroughfare and
Bridge Fee Program; and, recommending that various excerpts
from the General Plan be included in approvals. He advised
that upon reviewing the fees, the Building Industry
Association had stated support for enactment of the program.
He further advised that notice had been given to all property
owners in the City according to the last equalized
assessment. Mayor Schwartze reiterated that fees would be
assessed on new development only. Councilman Hausdorfer
advised that the Public Hearing was not on the concept of
the Corridors, but to consider areas of benefit and proposed
City participation in the program.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing, and the following persons
responded:
(1) Al Arps, 32302 Alipaz Street, Space 158, spoke in
opposition to the proposed Corridors and method of
financing.
(2) Bill Spiros, a resident of Irvine and Chairman of COST,
a Committee of 7,000, provided an update on the Irvine
initiative measure which sought to place the question
of support of the Corridors before the voters. He
advised that the subsequent court decision to prohibit
placement of the measure on the ballot had been
appealed and requested that no action be taken until
the court had issued a ruling. He read a KCBS, Channel
2 Editorial, broadcast September 1 and 2, 1985,
regarding the Corridors.
(3) Leslie Campbell, 26000 Aeropuerto, spoke in opposition
to the fees, stating they were equivalent to taxation
without representation.
(4) James Thorpe, 27952 Calle Santa Ynez, spoke in
opposition to the method of funding, stating funds
should be provided from gas tax monies. He cited a
lack of benefit to the City and opposition to any
action promoting construction of the Corridors.
(5) Russell Burkett, 29520 Spotted Bull Lane, Executive
Director of Orange County Tomorrow, a non-profit group,
spoke in opposition to the Corridors and the method of
funding. He cited a lack of traffic benefits; a lack
of information regarding actual costs, accumulated debt
and income projections; stated concern at the departure
from traditional methods of financing roadway
construction; and, stated that it may be in violation
of Proposition 4. He recommended that no action be
taken until a ruling was received on the Irvine
initiative.
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03 1
(6) Jay Palchikoff, Attorney with the firm of Gibson, Dunn
and Crutcher, representing Ortega Properties, forwarded
objections due to inadequate notice and lack of time to
consider the ramifications; and, requested the item be
continued.
(7) John Lloyd, 29802 High View Circle, San Juan
Capistrano, representing The Ranch, stated opposition
to the method of imposing fees.
(8) Patricia Andresen, 2022 Gale Lane, Anaheim, questioned
whether fees would be assessed against non-profit groups
and churches. She was subsequently advised that
properties which were exempt from property tax would be
exempt from the proposed fees.
(9) Bill Griffith, 427k Marguerite, Corona del Mar,
representing a group interested in purchasing the
Lacouague Ranch, spoke in opposition to the method of
financing the Corridors, stating that the method was
discriminatory.
(10) Doug Nash, 32906 Avenida Descanso, spoke in opposition
to the funding method. He noted that the initial
studies done by South East Orange County Circulation
Study, had linked the Corridors to a County -wide
program of controlled growth, which would result in a
more feasible package. He suggested that the fees
collected by the City could be better spent within the
community.
There being no further response, Mayor Schwartze closed the
Hearing with the right to re -open at any time.
Council Discussion:
Councilman Friess questioned the debt liability and was
advised that the intent was that direct Corridor expenses
would be paid from fees; assessment of non -direct expenses
had not been resolved. Discussion ensued regarding
long-term debt and escalating fees. The City Manager
advised that the Authorities could increase the fees, but
would probably do so only on instruction from the respective
governmental agencies; that an agency could withdraw from
the program at any time. He further advised that due to the
request from Ortega Properties, the City Attorney had
recommended consideration of the Resolution adopting the
areas of benefit be delayed 30 days in order to ascertain
whether notice was properly given. Councilman Hausdorfer
stated that the City shares in regional responsibilities for
transportation, sewer, and flood control and cited an
obligation to the community to participate in the governing
boards of the Corridors. Councilman Friess cited continuing
concerns regarding the fees and that the City may bear a
disproportionate share of the costs. He stated a preference
to delay action pending resolution of the Irvine initiative.
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162
Councilman Bland stated strong opposition due to lack of
benefit to the City; and the accelerated growth which may
li result; and, concerns regarding the method of financing
construction of a State Highway which will serve people
outside the County.
- Foothill/Eastern
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and carried, with Councilmen Friess and
Bland voting in the negative, to approve the Joint Exercise
of Powers Agreement creating the Foothill/Eastern
Transportation Corridor Agency; and, to authorize the Mayor
and City Clerk to execute the agreement on behalf of the
City.
of Joint Powers
ation Corridor:
reement - San Joaquin Hills
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and carried, with Councilmen Friess and Bland
voting in the negative, to approve the Joint Exercise of
Powers Agreement creating the San Joaquin Hills
Transportation Corridor Agency; and, to authorize the Mayor
and City Clerk to execute the agreement on behalf of the
City.
Adoption of Maior Thorouqhfare and Bridae Fee ProcTram:
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
Hausdorfer, seconded by Councilman Buchheim, that the
following Ordinance be adopted:
ORDINANCE NO. 552. AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - ADOPTING A MAJOR THOROUGHFARE AND
BRIDGE FEE PROGRAM - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 9-2.318 TO
TITLE 9 OF THE CITY'S MUNICIPAL CODE ADOPTING A MAJOR
THOROUGHFARE AND BRIDGE FEE PROGRAM
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: Councilmen Friess and Bland
ABSENT: None
The Ordinance will become effective on October 17, 1985.
Areas of Benefit - Public Hearin Continued:
Pursuant to the recommendation of t e City Attorney, it was
moved by Councilman Hausdorfer, seconded by Councilman
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163
Buchheim, and carried, with Councilman Bland voting in the
negative, to continue the Public Hearing regarding the areas
of benefit for each Transportation Corridor for 30 days, to
the meeting of October 15, 1985.
Approval of by Policy Statements:
e
It was movd Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to approve
policy statement excerpts from the San Juan Capistrano
General Plan for inclusion in the memorandum of
understanding entered into between the County of Orange and
the City of San Juan Capistrano for the Transportation
Corridors and, to establish said policy statements as the
guidelines by which the City's participation in the programs
will be conducted.
tatives to San Joaquin Hi
corriaor:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to appoint
Councilman Friess as the City's representative to the Board
of Directors of the San Joaquin Hills Transportation
Corridor.
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to appoint Councilman
Hausdorfer as the City's Alternate representative to the
Board of Directors of the San Joaquin Hills Transportation
Corridor.
Appointment of Representatives to Foothill/Eastern Corridor:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to appoint Councilman
Hausdorfer as the City's representative to the Board of
Directors of the Foothill/Eastern Transportation Corridor.
It was moved by Councilman Friess, seconded by Councilman
Bland, and unanimously carried to appoint Councilman
Buchheim as the City's Alternate representative to the Board
of Directors of the Foothill/Eastern Transportation
Corridor.
RECESS AND RECONVENE
Council recessed at 8:58 p.m., and reconvened at 9:09 p.m.
ORDINANCES
1. AMENDMENT TO
INCREASE I'.
ON 3-3.603
CODE
Written Communications:
Report dated September 17, 1985, from the Director of
Administrative Services, forwarding an Ordinance to increase
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1 64 the Transient Occupancy Tax from six percent to eight
percent. The report advised that eight percent was
consistent with surrounding communities; and, that the
City's 1985-86 budget was balanced and adopted with the
increased rate, which was expected to generate an additional
revenue of $25,000.
Jeff Grether, Capistrano Inn, 27174 Ortega Highway, stated
opposition to the increase and requested that the funds be
used in some specific way to promote the City. Discussion
ensued regarding tourist -oriented activities which receive
funding from the City. Mayor Schwartze advised that the
Chamber of Commerce receives support from the City in a
number of ways; that both work to promote the City.
Councilman Hausdorfer suggested that as an adjunct to the
Chamber activities, motel owners could meet to discuss the
matter.
ARproval of Increase:
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 Hausdorfer, that the
following Ordinance be introduced:
AMENDMENT TO TITLE 3 OF THE MUNICIPAL CODE - TRANSIENT
OCCUPANCY TAX INCREASE - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION
3-3.603 ENTITLED "LEVY AND COLLECTION OF TAXES," OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE, RELATING TO AN
INCREASE IN TRANSIENT OCCUPANCY TAX FROM SIX PERCENT TO
EIGHT PERCENT
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
RESOLUTIONS
1.
Written Communications:
Report dated September 17, 1985, from the Director of
Administrative Services, forwarding a Resolution authorizing
the City's participation in the Orange County Cooperative
Purchasing Program. The report advised that participation in
the program allows the City to make purchases based on
prices established by County contracts. Approval of the
Resolution by the County Board of Supervisors constitutes a
5 -year contract.
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.......... _......_ __. _
165
Participation in Program:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 85-9-17-1, ORANGE COUNTY
PUKC:HA'1NU eAvuruun - [ tcr.a vaau iiv+v ++ _-
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE CITY'S PARTICIPATION IN THE ORANGE
COUNTY COOPERATIVE PURCHASING PROGRAM
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. PLANS AND
IONS AND
BIDS - CAMINO
Written Communications:
Report dated September 17, 1985, from the Director of Public
works, requesting approval of plans for construction of the
Camino Capistrano Bridge over San Juan Creek. The project
will replace the exiting two-lane bridge; improve the
existing bridge approaches; extend the Vereda Bike Trail
underneath the bridge; and, add two new traffic signals.
Construction costs were estimated at $3,000,000, of which
$2,600,000 will be reimbursed to the City from Federal Aid
Urban funds and $280,000 will be reimbursed from the County.
The remaining funds, in the amount of approximately
$120,000, were budgeted in the City's Capital Improvement
Budget.
Approval of Plans/Call for Bids:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried to approve the plans and
specifications and to authorize a call for bids for the
Camino Capistrano Bridge construction.
RECESS AND RECONVENE
Council recessed at 9:23 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:30 p.m.
ADMINISTRATIVE ITEMS
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166
CITY ATTORNEY
f
1. AMENDMENTS TO MUNICIPAL CODE ENFORCEMENT PROGRAM (418.1)
Written Communications:
Report dated September 17, 1985, from the City Attorney,
forwarding recommendations that the City's Code enforcement
program be amended to assign full responsibility for
prosecution of Municipal Code Violations to the office of
the City Attorney; and, to provide that Code violations be
designated as infractions rather than misdemeanors. The
report forwarded a Resolution terminating the prosecutorial
contract with the District Attorney's Office, including a
30 -day notice; and, an Ordinance designating Municipal Code
violations as infractions. The Ordinance further set forth
minimum fines for zoning and building Code violations, with
the amount of fines for all other Code violations left to
the discretion of the court.
Termination of Districilmant Attorney Contract:
It was moved by CouncBuchheim, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
-1
WITH
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, TERMINATING AGREEMENT WITH
COUNTY OF ORANGE - PROSECUTORIAL LEGAL SERVICES
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
The contract will be terminated 30 days from the date the
County of Orange receives notice of the termination.
Designation of Code Violations as Infractions:
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 Hausdorfer, that the
following Ordinance be introduced:
AMENDMENT TO TITLE 1 OF THE MUNICIPAL CODE - RELATING TO
VIOLATIONS OF THE MUNICIPAL CODE - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTIONS 1-2.01 AND 1-2.03 OF TITLE 1, CHAPTER 2, OF
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167
THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO
VIOLATIONS OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. AGRICULTURAL PRESERVATION COMMITTEE FINAL REPORT I
This item was continued from the meeting of September 3,
1985.
Written Communications:
Report dated September 3, 1985, and resubmitted
September 17, 1985, from the Director of Community Planning
and Development.
The Director of Community Planning and Development advised
that the concerns expressed by Mr. Tadaichi Kinoshita had
been handled adequately by staff.
Public Input:
(1) Bill Bathgate, 29643 Camino Capistrano, expressed
concern that the proposed program concerned itself with
only one parcel of property; that owners of the
remaining lands in the agriculture preserve area also
needed direction. He suggested that a study be made of
the agricultural preservation program and that some
type of program be developed so that land owners would
know where they stand and how they might be compensated
for their efforts in preserving agriculture.
(2) Doug Nash, 32906 Avenida Descanso, concurred with Mr.
Bathgate's concerns, stating that the proposed program
could set precedents. He stated concerns that upon
initiating a General Plan Amendment, there would be a
tendency to act and there were issues which needed
further consideration.
Councilman Bland advised that the Committee had considered ways
to preserve agriculture in the City as a whole, not necessarily
just the Kinoshita property; Councilman Hausdorfer concurred with
the concerns expressed and stated that the input received through
the public hearing process would be a benefit.
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ation of General Plan Amendment/Preparation of Specific
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to:
(1) Initiate an amendment to the General Plan which will
further define the development rights transfer program,
as well as the partial development option, as a method
of compensation in return for preservation of a
significant portion of the area designated 4.2
Agri -Business. This will include amendments to both
the Land Use and Open Space and Conservation Elements.
(2) Direct preparation of applicable specific plan
documents that define the range of uses that would be
permitted within any partial development area, as well
as specific regulations to insure such uses would be
compatible with an active agricultural use.
The above action shall not be construed as either approval
or denial of the program, but rather direction for staff to
prepare the implementation documents, including an analysis
for review of public hearings conducted by the Planning
Commission and City Council.
2. APPEAL OF PLANNING COMMISSION OPINION - SIGN PERMIT 85-4
(HELD GOODYEAR) (AVERY FOREIGN CAR SERVICE) (140.6)
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to continue the appeal to the
meeting of October 15, 1985, at the request of the
appellant.
DIRECTOR OF PUBLIC WORKS
1. STATUS REPORT - SERRA (151.1)
Written Communications:
Report dated September 17, 1985, from the Director of Public
Works, advising that the digester cleaning project was
progressing; landscaping and construction contacts had been
awarded in conjunction with the Solids Handling and Odor
Control Project; and, the initial draft EIR for the 3 MGD
Plant Expansion had been transmitted for member review.
With the concurrence of Council, Mayor Schwartze ordered the
report received and filed.
COMMISSIONS, BOARDS, COMMITTEES
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9/17/85
1. REPORT OF ACTIONS (140.4)
The Report dated September 17, 1985, from the Director of
Community Planning and Development, advising of actions
taken by the Planning Commission at their meeting of
September 10, 1985, was ordered received and filed.
COUNCIL REMARKS
1. PERSONNEL (500.1/102.301)
Mayor Schwartze advised that the new Administrative
Assistant in the City Manager's Office, Jennifer Williams,
was in attendance.
2. PEPPERTREE BEND VACATION (WISH) (321.1)
Councilman Hausdorfer noted receipt of a letter dated
September 13, 1985, from Robert L. Wish, President of the
Bear Brand Ranch Community Association, 2232 S.E. Bristol,
No. 203, Santa Ana, 92707, requesting vacation of the street
of Peppertree Bend. The letter advised that the Homeowners
Association would be responsible for maintenance of the
streets; access would be through gate -guarded entrances;
and, the designated hiking and riding trails would be
accessible to the public.
There was a consensus of Council to initiate the activities
required to vacate the street and to refer the matter to
staff.
3. MEETING ATTENDANCE (104.5)
Councilman Hausdorfer advised he would be unable to attend
the meeting of October 1, 1985.
4. LIQUOR SALES AT SERVICE STATIONS (418.3)
Councilman Bland noted an article in the Los Angeles Times
on September 10, 1985, which included a survey relating the
high incidence of drunk driving and the purchase of alcohol
at gasoline service stations.
5. CHIQUITA CANYON LAND OUTFALL (903.3)
Councilman Bland -was advised that a response had been
prepared to the letter received by the Mayor from the Santa
Margarita Water District.
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® 6. WATER SUPPLY (1005.1)
Councilman Bland noted he had taken a tour of the
Metropolitan Water District facilities and had been advised
V that facilities to handle projected development were
inadequate; that there was a possibility of water shortages
and rationing.
7. SAN JOAQUIN HILLS CORRIDOR FEES (801.7)
Councilman Friess questioned the application of fees to
projects currently in plan check. The City Manager advised
that staff was working to accelerate the process with
individuals.
CLOSED SESSION
Council recessed to a Closed Session at 10:00 p.m., for
discussion of personnel and legal matters, the City Clerk being
excused therefrom, and reconvened at 11:07 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:07 p.m., to the next regular meeting date of
Tuesday, October 1, 1985, at 7:00 p.m., in the City Council
Chamber.
Respectfully submitted,
f;1? I ' ;?%
MARY ANN XANOVER, CITY CLERK
rmmcem.
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