84-0221_CC_Minutes_Regular MeetingFebruary 21, 1984
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 Reverend Homer
Waisner, Jr., Ocean Hills Community Church.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
(arrived at 7:12 p.m.)
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen 'B. Julian, City Manager; Robert G. Boone,
Director of Administrative Services; William D. Murphy, Director
of Public Works; Thomas G. Merrell, Director of Community
Planning and Development; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of February 7, 1984:
Council received copies of a memorandum dated February 16, 1984,
from the City Clerk, advising that the Minutes of the Regular
Meeting of February 7, 1984, would be presented for consideration
at the meeting of March 6, 1984.
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, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
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26
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - FIESTA DE LAS GOLONDRINAS,
MARCH 17 - 24, 1984
(61) Written Communications:
Report dated February 21, 1984, from the City Clerk, _
forwarding a Proclamation designating the period of March 17
- 24, 1984, as the Fiesta de las Golondrinas. The
festivities will culminate on Saturday, March 24th with the
26th consecutive Swallows Day Parade, sponsored by the San
Juan Capistrano Fiesta Association.
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to authorize the
Mayor and City Clerk to sign the Proclamation on behalf of
the City and to proclaim the period of March 17 through
March 24, 1984, as the "Fiesta de las Golondrinas." The
Proclamation was presented to Mac McDowell, President of the
Fiesta Association.
The Fiesta Association Possee and "Hanging Judge" appeared
for media pictures, and Mr. McDowell presented Fiesta
Association plaques to the City and to the City Clerk in
appreciation for their support. Association Badges were
presented to the Council.
2. COMMENDATION - ORANGE COUNTY SHERIFF'S DEPARTMENT
(36) Written Communications:
Report dated February 21, 1984, from the Assistant to the
City Manager, forwarding a Resolution noting that the crime
rate in the City dropped significantly during the 1983
calendar year compared to the prior year and expressing
appreciation to the Sheriff's Department for their efforts
in reducing the crime rate.
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 84-2-21-1, COMMENDING ORANGE COUNTY
SHERIFF'S DEPARTMENT FOR CRIME REDUCTION EFFORTS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, COMMENDING THE ORANGE COUNTY -
SHERIFF'S DEPARTMENT FOR CRIME REDUCTION EFFORTS
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
2/21/84
The Resolution was presented to Captain Vito Ferlauto, Orange
County Sheriff's Department.
3. PROCLAMATION - SUPPORTING OLYMPIC TORCH RELAY PROGRAM
(71) Written Communications:
(89) Report dated February 21, 1984, from the Assistant to the
City Manager, forwarding a Proclamation supporting "Olympic
Torch Relay Day" in Orange County.
4.
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to approve the
Proclamation.
ION - ORANGE
DEPARTMENT, SALE OF
(42) Written Communications:
Report dated February 21, 1984, from the City Manager,
advising that during review of Building Code amendments, the
Orange County Fire Department had requested the opportunity
to make a presentation regarding the sale of fireworks in
the community.
Fire Marshal Michael Cate made a slide presentation showing
problems experienced throughout the County with "Safe and
Sane" Fireworks.
ORAL COMMUNICATIONS
1. GOLDEN STATE MOBILEHOME OWNERS LEAGUE
(23) Ed Dailey, Associate Director, GSMOL, Space 89, Rancho
Alipaz, requested an opportunity to make presentations at
the next Council meeting. Mr. Dailey advised Council of
proposed State Legislation regarding Mobilehome parks.
Council requested copies of Ordinances dealing with park
conversions.
2. TRUCK TRAFFIC
(87) Ben Michalec, 27376 Oso Road, San Juan Capistrano, 92675,
addressed Council regarding trucks hauling concrete at Oso
Road and Avenida de la Vista on weekends and in the
evenings. He was advised that Stop Work Notices had been
issued and the operator will submit plans; further, that
Sheriff deputies will respond to citizen calls.
AD-HOC PUBLIC FACILITIES COMMITTEE
1. CIVIC CENTER STATUS REPORT
(34) This item was considered after Closed Session.
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28
CONSENT CALENDAR
It was moved by Councilman Schwartze, 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, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated February 21, 1984, Warrant.
Register No. 84-082, in the total amount of $351,428.49, was
approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of January 31,
1984, in the total amount of $5,940,000.00, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of January 31, 1984, was approved as submitted.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
FEBRUARY 14. 1984
(23) The Report dated February 21, 1984, from the Secretary of
the Equestrian Commission, regarding actions taken at the
meeting of February 14, 1984, was ordered received and
filed.
5. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY,
TRACT 11765 (FREDRICKS DEVELOPMENT)(38-#399).
(38) The public improvements for Tract 11765 were completed and
(85) accepted by the City Inspector, as set forth in the report
dated February 21, 1984, from the Director of Public Works. _
Acceptance of Work:
The following Resolution was adopted:
ION NO. 84-2-21-2. COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 11765 (FREDRICKS DEVELOPMENT) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS - TRACT 11765 (FREDRICKS
DEVELOPMENT COMPANY)
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2/21/84
29
The Resolution accepts the project as complete and directs
the City Clerk to forward the Notice of Completion to the
County Recorder.
Release of Surety:
The following bond from Safeco Insurance was extended to
February 21, 1985:
Bond Number Amount
Fa thful Performance -Public 4376016 T 68,125
Authorization was granted to release'the bond following
successful completion of a one-year maintenance period.
The following bonds from Safeco Insurance are to be released
upon expiration of 35 days from recordation of the Notice of
Completion:
Faithful Performance -Private 4376015 $119,850
Labor and Materials 4376016 68,125
6. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY, A.C.
81-1 (OCEAN HILLS COMMUNITY CHURCH) (38-#406)
(38) The public improvements for AC 81-1 were completed and
(68) accepted by the City Inspector, as set forth in the report
dated February 21, 1984, from the Director of Public Works.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 84
TMDDn17VMFMTC - DD
ION OF PUBLIC
ROL 81-1 (OCEAN HILLS
COMMUNITY CHURCH) - A RESOLUTION OF THE CITY C:UUNCIL Ur'
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR
THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - ARCHITECTURAL
CONTROL 81-1 (OCEAN HILLS COMMUNITY CHURCH)
The Resolution accepts the project as complete and directs
the City Clerk to forward the Notice of Completion to the
County Recorder.
Release of Surety:
The following bond from Great American Insurance Company was
extended to February 21, 1985:
Bond Number Amount
Faithful Performance -Public 3-89-44-73 $ 34-,-000
Authorization was granted to release the bond following
successful.completion of a one-year maintenance period.
The following bonds from Great American Insurance Company
are to be released upon expiration of 35 days from
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30
recordation of the Notice of Completion:
Faithful Performance -Private 3-89-44-72 $ 21,000
Labor and Materials 3-89-44-73 34,000
7. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - SAN JUAN
CAPISTRANO PUBLIC LIBRARY (NEWPORT HARBOR CONSTRUCTION)(C52)
(52) The construction of the San Juan Capistrano Public Library
has been completed by Newport -Harbor Construction Company,
with the exception of the water feature; $15,000 will be
held pending correction of the problem with the fountain,
flume area, reflection pool, and pump pit room.
Acceptance of Work:
The following Resolution was adopted:
SAN JUAN
kNP;W1-VK'1' 11A"VA UUNS'1'KUU'1'l UNJ — A KP:bbULUTIUN VP' Thh
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS
AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE SAN JUAN
CAPISTRANO PUBLIC LIBRARY, EXCLUDING WATER FEATURE
(NEWPORT HARBOR CONSTRUCTION)
The Resolution accepts the project as complete with the
exception of the water feature, in the total amount of
$1,674,152.39, and directs the City Clerk to forward a
Notice of Completion to the County Recorder.
Payment status was as follows:
Total construction costs $1,689,152.39
(including Acjachema Street)
Less retention for water feature 15,000.00
Less 10% retention 168,915.24
Previous Payments 1,520,237.15
Balance Due 0.00
The escrow officer, Capistrano National Bank, was instructed
to release the ten percent retention, minus the $15,000
special retention, 35 days after recordation of the Notice
of Completion unless there are liens against the title.
Upon completion of the water feature corrections, the escrow
officer will be directed to release the $15,000. _
8. IMPROVEMENT AND LANDSCAPE MAINTENANCE AGREEMENTS - A.C.
(38) Pursuant to conditions of approval for A.C. 80-5, Pacific
(68) Coast Development was required to construct street
improvements to Ortega Highway and to maintain all
landscaping within the public right-of-way. The Improvement
Agreement and the Landscape Maintenance Agreement for
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31
A.C. 80-5 were approved; the Mayor and City Clerk were
authorized to execute the agreements on behalf of the City;
and, the City Clerk was directed.to record the agreements
with the Orange County Recorder, as set forth in the report
dated February 21, 1984, from the Director of Public Works.
PUBLIC HEARINGS
1.
TO MUNICIPAL CODE - MODIFICATION TO
(55) This Public Hearing was continued from the meeting of
January 17, 1984.
Written Communications:
Report dated February 21, 1984, from the Director of
Community Planning and Development, advising that pursuant
to discussions with the Bear Brand Ranch Architectural
Committee, the proposed regulations had been modified to
identify the relationship between the General Plan goals and
height regulations; and, the method for defining wall height
was clarified.
The Director of Community Planning and Development made an
oral presentation, noting the modified language in the
Ordinance and advising that telephone calls in opposition tc
the Amendment had been received from the following Bear
Brand Ranch property owners: Dixie Bain, Joe Weiss, and Mr.
Yarborough.
Public Hearing:
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and the following persons
responded in opposition to the proposed Ordinance:
(1) Russell Neal, 31072 Calle Santa Rosalia, spoke in
opposition to the proposed regulations in terms of
industrial property rights.
(2) Robert O. Hill, President, Bear Brand Ranch Community
Association, presented a memorandum dated October 27,
1982, from the Architectural -Design Committee Members,
regarding tennis court guidelines. He stated that the
proposed amendment would circumvent the annexation
agreement and encourage more grading. He cited height
restrictions in Rancho Santa Fe and Bel Air, stating
that the 20 -foot wall height was particularly
offensive. He further suggested that the Architectural
Board of Review review hillside homes on a case-by-case
basis.
(3) Robert Wish, owner of lot at 31531 Peppertree Bend,
urged rejection of the Ordinance.
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3 (4) Keith Powell, 28302 Paseo Establo, owner of a lot in
the Bear Brand Ranch development, spoke in opposition to
the Ordinance.
(5) Randy Hudson, member of the Bear Brand Ranch Board of
Directors and owner of lot 27, spoke in favor of a
case-by-case review.
(6) Mr. Hill advised that many homes already approved by
the Bear Brand Committee would be affected by the
Ordinance but have not yet been submitted to the City.
(7) Lynn Collins, realtor, advised that sales have been
made in good faith and noted expenditures already made
for design.
There being no further response, Mayor Bland closed the
Hearing with the right to re -open at any time.
Negative Declaration:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to certify
granting of a Negative Declaration.
Introduction of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. Following discussion, it was moved
by Councilman Hausdorfer, seconded by Councilman Friess that
the following Ordinance be introduced as amended to include
only those portions dealing with non-residential buildings:
TO TITLE 9 OF THE
!•lL]nlrlyrl nG1Vn1 Vr LV VLV-1[GJIIJG LVIIL'1L olnu .lu1 o - L x
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 9-2.409 and 9-3.424 OF
THE MUNICIPAL CODE REGARDING MAXIMUM HEIGHT OF
NON-RESIDENTIAL STRUCTURES
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
The motion also included direction that those portions of
the Ordinance dealing with residential buildings be referred
to the Planning Commission and staff for development of
mechanisms to mitigate height requirements through a
case-by-case review as they may apply to specific areas of
the City.
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Amendment to Definitions:
It was moved by Councilman Buchheim, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 84-2-21-5
TO LAND USE CODE
ULL''l LV 1'1'1 VLVJ — h iInJVLV11Viv va' iiia a.i++ - •. �� •+� �••--
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
DEFINITIONS RELATED TO NON-RESIDENTIAL BUILDING HEIGHT,
FINISH GRADE, ATTIC, BASEMENT AND STORY
The Resolution was amended to apply to non-residential
structures only.
RECESS AND RECONVENE
Council recessed at 9:00 p.m., and reconvened at 9:15 p.m.
2.
STREET CLOSURE
i DAY PARADE -
(61) Proposal:
Application for a parade permit and associated street
closures made by the San Juan Capistrano Fiesta Association
for the annual Fiesta de las Golondrinas Parade scheduled
for Saturday, March 24, 1984, at 12:00 noon. The Hearing
was held in accordance with Municipal Code Section 5-11.05.
Applicant:
San Juan Capistrano Fiesta Association, P. O. Box 532, San
Juan Capistrano, 92693, attention Mac McDowell.
Written Communications:
Report dated February 21, 1984, from the Director of Public
Works, forwarding the application and the proposed route.
Costs for providing necessary traffic control, sanitary
facilities, and Public Works personnel are estimated at
$1,900; funds are allocated in Account No. 01-4180-213-000.
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 Parade Permit:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the request
for a parade permit and to authorize closing of the
following streets on Saturday, March 24, 1984, from 11:00
a.m., to 4:00 p.m.:
Camino Capistrano between Via Los Pajaros and
Avenida Golondrina;
Del Obispo Street between Camino Capistrano and
Ortega Highway
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LMj
Ortega Highway between Camino Capistrano and I-5
Freeway;
El Camino Real between La Zanja Street and Ortega
Highway;
La Zanja Street between Los Rios Street and E1
Camino Real; and,
Yorba Street between Camino Capistrano and E1 _
Camino Real.
3. AMENDMENTS TO NON-EXCLUSIVE FRANCHISE AGREEMENT (TIMES
MIRROR CABLE TELEVISION
(43) Proposal:
Amendment to the Times Mirror franchise to include
provisions of City Ordinances No. 327 and 494, and
amendments thereto, which establish Rules and Regulations
for cable television systems.
Applicant:
This was a City -initiated Hearing.
Written Communications
Report dated February 21, 1984, from the Director of
Administrative Services, advising that Times Mirror is
willing to negotiate an out-of-court settlement on pending
legal matters and recommending the Hearing be continued to
April 17, 1984.
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.
Continuation of Hearing:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to continue the Public
Hearing to the meeting of April 17, 1984.
Councilman Buchheim cited a letter from Steve R. Ferris,
32210-1 Camino Capistrano, San Juan Capistrano, 92675, dated
February 15, 1984, regarding service complaints.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 505, REZONE 83-5 (CALIFORNIA _
(95) Written Communications:
Report dated February 21, 1984, from the City Clerk,
advising that the Ordinance was introduced at the meeting of
February 7, 1984, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
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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 adopted:
ORDINANCE NO. 505 - REZONE 83-5
unMVT. - rnnul - AN nRnTNANCF. OF
IA RETIREMENT
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING
OF ASSESSOR'S PARCEL NO. 121-182-39 FROM AG (GENERAL
AGRICULTURE) TO IP (PUBLIC INSTITUTIONAL) (CALIFORNIA
RETIREMENT HOTEL - COOK)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT:. None
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
ADOPTION OF
IRMING CITY
(68) This item was taken out of order on the agenda.
REGARDING
Written Communications:
Report dated February 21, 1984, from the Director of
Community Planning and Development, forwarding a Resolution
incorporating background information, disposition of the
appeals and the modified conditions of approval for
Architectural Control 83-6. The project was approved by
Council on February 7, 1984, and the proposed Resolution was
for clarification only.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO.
-6, ARCHITECTURAL CONTROL 83-6
HOTEL - A RESOLUTION OF THE
TY OF SAN JUAN CAPISTRANO,
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Me
CALIFORNIA, CONDITIONALLY APPROVING ARCHITECTURAL
CONTROL 83-6 (CALIFORNIA RETIREMENT HOTEL)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
RESOLUTIONS
1. CONSENTING TO JOINT PUBLIC HEARING WITH COMMUNITY
REDEVELOPMENT AGENCY - REDEVELOPMENT PLAN AMENDMENT NO. 1
(68) Written Communications
Report dated February 21, 1984, from the Director of
Community Planning and Development, advising that pursuant
to California Community Redevelopment Law, the City Council
is required to conduct a joint public hearing with the
Community Redevelopment Agency when amendments to the
Redevelopment Plan are being considered: The report
forwards a Resolution consenting to the Joint Hearing and
authorizing the City Clerk to publish and mail notices of
the Hearing on the proposed amendment. The Hearing was
scheduled for the meeting of May 1, 1984.
Joint Public Hearing:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following Resolution be adopted:
AZULVP;LUYMLN'T YLAN - JUlN'T YUriLlI: nDliAINU - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONSENTING TO A JOINT PUBLIC
HEARING ON THE PROPOSED AMENDMENT TO THE REDEVELOPMENT
PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT
PROJECT AND AUTHORIZING PUBLICATION AND MAILING OF
NOTICE OF JOINT PUBLIC HEARING ON SAID PROPOSED
AMENDMENT TO THE REDEVELOPMENT PLAN
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim, _
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
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37
BIDS, CONTRACTS, AGREEMENTS
1. APPROVAL OF PLANS, SPECIFICATIONS, AND CALL FOR BID -
RESURFACING OF ACJACHEMA STREET (MAJOR STREET REPAIRS)(C83)
(83) Written Communications:
Report dated February 21, 1984, from the Director of Public
Works, requesting approval of the plans for the resurfacing
of Acjachema Street, La Calera, and E1 Horno Street in the
Mission Flats area as part of the Major Street Repairs
Program. The Engineer's estimate for the project is
$49,000; funds are budgeted in Account No. 01-4440-287-450.
Approval of Plans/Call for Bids:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the plans and
specifications for the resurfacing of Acjachema, La Calera,
and E1_Horno Streets and to authorize a call for bids.
2. APPROVAL OF AGREEMENT FOR PURCHASE OF TAX
7
(38) Written Communications:
(73) Report dated February 21, 1984, from the Director of Public
Works, advising that tax delinquent property designated as
AP 650-090-06 has been offered to the City by the County at
a purchase price of $40.00. The property is located between
Trabuco Creek Road and Rosenbaum Road and will be acquired
for landscape purposes. Agreement for purchase of the
property requires that the land not be offered for resale
for a period of ten years; and, that if the property is not
used for the stated purpose or is offered for resale, the
property will automatically revert to ownership by the State
of California. Funds for the purchase are allocated in
Account No. 01-4120-213.
Authorization for Purchase:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 84-2-21-8, PURCHASE OF PROPERTY ADJACENT
TO ROSENBAUM ROAD FOR LANDSCAPE PURPOSES - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, OFFERING TO PURCHASE TAX DEEDED PROPERTY
FROM THE COUNTY OF ORANGE TO BE USED FOR LANDSCAPE
PURPOSES - PROPERTY LOCATED ADJACENT TO ROSENBAUM ROAD
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
None
None
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38
The Resolution approves purchase of Assessor's Parcel No.
650-090-06 in the amount of $40.00 and approves the
agreement for purchase. The Mayor and City Clerk were
authorized to execute the agreement on behalf of the City
and the City Clerk was directed to forward certified copies
of the Resolution and the agreement to the County of Orange.
3. AGREEMENT FOR CONSTRUCTION OF OSO CREEK IMPROVEMENTS (COUNTY
OF ORANGE)(38-#458
(38) Written Communications:
(80) (1) Report dated February 21, 1984, from the Director of
Public Works, advising that City and County staff
members have been working on a cooperative agreement
for funding of a modification to the County's project
and a report will be submitted at the meeting.
(2) Additional Agenda Item dated February 21, 1984, from
the Director of Public Works, forwarding a draft
agreement with the County providing for City approval
of construction of a reinforced concrete box culvert
within the City portion of Oso Creek; City payment upon
completion of the project of 25% of the increased
construction cost with the balance due within 24
months; and, assessment of interest beginning at
project completion at a rate of approximately 118.
Costs to the City are estimated at $250,000 to
$300,000.
Ken Smith, Chief, Flood Design, Orange County Environmental
Management Agency, noted the items added to the agreement
relating to the General Plan and advised that the San Juan
Basin Authority date should be deleted.
Approval of Agreement
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve in concept the
draft agreement between the City of San Juan Capistrano and
the County of Orange for funding of the Oso Creek Channel
Improvement and to authorize the Mayor and City Clerk to
execute the agreement upon final submittal by the Director
of Public Works.
4. AWARD OF CONTRACT - 1984 WEED ABATEMENT PROGRAM (38-#48)
(38) Written Communications: _
(74) Report dated February 21, 1984, from the Director of Public
Works, forwarding results of bids received for the 1984 Weed
Abatement Program. Funds for abatement on City property are
budgeted in Account No. 01-4440-213. Costs for abatement of
private property will be assessed to the property owner.
Award of Contract:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to award the
contract for the 1984 Weed Abatement Program to Commercial
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Lot Cleaning, Inc, of South E1 Monte in the estimated amount
of $24,653 and to reject all other bids. The Mayor and City
Clerk were authorized to execute the contract on behalf of
the City.
RECESS AND RECONVENE
Council recessed at 9:26 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:28 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. APPROVAL OF REQUESTS FOR TAXICAB LICENSES (LAGUNA SILVER
COMPANY AND GT ENTERPRISES/WHITE CAB)
(26) Written Communications:
(88) Report dated February 21, 1984, from the Senior
Administrative Assistant, setting forth requirements of
Municipal Code Section 4.5-03 which must be met before a
license may be granted. The report cites the information
provided by the two applicants, Laguna Silver Cab Company
and GT Enterprises/White Cab.
Conditional Approval of Requests:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to find that all
requirements of the Municipal Code Section 4-5.03 have been
met by Laguna Silver Cab Company and grant a license subject
to verification that requirements set forth in Section
4-5.12 (Driver Qualifications) have been complied with; and,
to find that most requirements of the Municipal Code Section
4-5.03 have been met by GT Enterprises/White Cab and grant a
license upon receipt within thirty days of adequate
insurance as specified in the Municipal Code, verification
as to the safety of the cabs, and verification that
requirements set forth in Section 4-5.12 (Driver
Qualifications) have been complied with.
DIRECTOR OF PUBLIC WORKS
1. REQUEST FOR SEWER FEE REDUCTION (DAVIS DEVELOPMENT)
(80) Written Communications:
Report dated February 21, 1984, from the Director of Public
Works, advising that the developer has requested a further
extension of the request for sewer fee reduction over the
commercial/industrial facilities. The matter will be
scheduled for Council consideration at a later date.
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DIRECTOR OF RECREATION
REVIEW OF C. RUSSELL COOK PARK
FACILITI
(62) Written Communications:
(38) Report dated February 21, 1984, from the Director of
Recreation/Equestrian Commission Secretary, forwarding three
alternatives for the stable project, as follows:
(1) Proceed with the three -phased project that was
considered on January 17, 1984;
(2) Operator is to Prepare Site, Install Equipment, and
Operate Stable for an Extended Period; and,
(3) Permit the Current Operators to Remain on the Site and
Improve their Facilities.
The report forwards the Equestrian Commission recommendation
to approve Alternate 3 and to ensure that the current
operators' leases would be for a period of not less than
five years.
The Director of Recreation made an oral presentation.
Councilman Friess cited opposition to a five-year lease and
suggested staff and the Commission work on a lease ending
February 3, 1986; further, that the Commission review board
fees, the amount of lease payment and how it is to be
applied. Councilman Hausdorfer suggested a two-year lease
with a review clause and that funds for the equestrian
facility be included in the five-year budget.
Equestrian Commissioner Jill Hanna suggested consideration
of a lease/option if a lease would be limited to a two-year
period.
Authorization of Increased Fees:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve the
concept of authorizing increased boarding fees at the C.
Russell Cook Park Equestrian area by Wagon Wheel Stables and
Mission Trails Stables with specific improvements required;
the Equestrian Commission was directed to prepare specific
documents and the program for implementing the concept.
Implementation of the City Equestrian Facility was delayed
until funds are available.
COMMISSIONS. BOARDS. COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF FEBRUARY 14, 1984
(67) The Report of Actions taken by the Planning Commission at
their meeting of February 14, 1984, was ordered received and
filed.
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COUNCIL REMARKS
1. FORSTER HOUSE RESTORATION
(23) Staff was directed to prepare a Resolution commending Mrs.
Gresham for preservation work on the Forster House, the
Resolution to be presented at opening ceremonies.
2. SAN JUAN CLINIC
(61) At the suggestion of Councilman Schwartze, the City Clerk
was directed to draft a commendation letter for the San Juan
Clinic for Council review and approval.
3. SISTER CITIES (PETRA)
(34) Councilman Schwartze cited a letter regarding a proposed
November visit of residents from Petra.
4. EARTHQUAKE SEMINAR
(89) Mayor Bland and the Director of Public Works noted they
would attend an upcoming earthquake preparedness seminar.
5. LEGISLATION
(51) Councilman Friess requested a copy of the Frazelle Bill
regarding Mobile Home Parks.
6. REQUEST FOR AMENDMENT TO MUNICIPAL CODE - MOBILE HOME PARK
REVIEW COMMITTEE
(23) Mayor Bland acknowledged receipt of a resolution signed by
representatives of Capistrano Mobile Home Park Association,
E1 Nido Mobile Estates Association, Rancho Alipaz Mobile
Estates Association, Rancho Del Avion Association, and Villa
San Juan Association requesting an amendment to the
Municipal Code. There was a consensus of Council that the
matter be referred to the City Attorney and the Mobile Home
Park Review Committee.
7. LETTER OF APPRECIATION
(34) Mayor Bland noted a letter from Tony Moiso regarding the
bestowal of Honorary Citizenship. He further requested that
a letter of appreciation be prepared regarding the Rancho
Mission Viejo annual round -up.
8. INVITATIONS - ENDEVCO OPEN HOUSE
(50) Mayor Bland noted that he would attend the Endevco open
house on March 17, 1984.
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CLOSED SESSION
Council recessed to a Closed
discussion of legal matters,
therefrom, and reconvened at
Session at 10:02 p.m., for
the City Clerk being excused
10:56 p.m.
AGREEMENT WITH CAPISTRANO UNIFIED SCHOOL DISTRICT (38-#459)
(38) It was moved by Councilman Schwartze, seconded by Councilman
(68) Friess and unanimously carried to approve the Agreement for
Cooperation between the City, the Community Redevelopment
Agency, and the Capistrano Unified School District for the
use of Buchheim Field.
Director Buchheim noted for the record that Buchheim Field
had been named for his father and that neither his family
nor heirs have a financial interest in the property.'
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:57 p.m., to the next regular meeting date of
March 6, 1984, at 7:00 p.m., in the City Council Chamber.
ATTEST:
ANTHONY L. LAND, MAYOR
Respectfully submitted,
elm
rRe•
2/21/84