84-0417_CC_Minutes_Regular Meeting81
April 17, 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
7:06 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: Anthony L. Bland, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
(arrived at 7:32 p.m.)
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann
Hanover, City Clerk; 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 April 3, 1984:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of April 3,
1984, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Friess that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
and Mayor Hausdorfer
NOES:
ABSENT:
None
Councilman Schwartze
-1- 4/17/84
82 ORAL COMMUNICATIONS
This item was taken out of order on the Agenda for the benefit of
those in the audience.
PROPOSED WASTEWATER TREATMENT PLANT SITES - ORTEGA NORTH AND
SOUTH (SANTA MARGARITA WATER DISTRICT)
(79) Situation:
The City Manager advised that following a public meeting
held in Mission Viejo on April 10, 1984, the City was
informed that the Santa Margarita Water District had
identified two locations northeasterly of the City limits,
known as Ortega North and Ortega South, as the most
desirable locations for construction of a wastewater
treatment plant to serve regional needs. Mr. Julian advised
that an informal meeting with area residents was held on
April 14, 1984, at Cook Park, where the discussion concerned
the lack of information available to the public. An
additional meeting was held on April 16, 1984, at the San
Juan Hot Springs Dance Hall, where a presentation was made
on the Master Plan Process and resident concerns were
expressed. As a result of those meetings, Mr. Julian
recommended Council approval of a draft letter to Donald
Schone, Chairman of the Board of Directors of the Santa
Margarita Water District, requesting the following actions:
"(1) That a special meeting of the Board of Directors be
called immediately in order to grant an additional
60 -day period of time in which the Santa Margarita
Water District will receive official comments relative
to the environmental impact report."
The present deadline is May 4, 1984.
"(2) That the Santa Margarita Water District conduct special
meetings within the City of San Juan Capistrano in
order to properly inform the citizens of San Juan
Capistrano as to the proposed project and its impact
upon their environment."
11(3) That the Board of Directors take immediate steps to
make available to the San Juan Capistrano public
sufficient number of complete environmental documents
so that the citizens might adequately study these
documents and exercise their right to provide input _
into the project." Ten complete sets should be
adequate.
"(4) The Board of Directors of the Santa Margarita Water
District should take immediate steps to see that a
notice of any public meeting or public forum concerning
this project be sent to any resident of the City of San
Juan Capistrano desiring such notice. The City Council
will be happy to furnish you with a list of all
citizens indicating to us their desire to receive such
notice."
-2- 4/17/84
The letter further indicated opposition to the Ortega South
site and the Oso-Trabuco site and indicated that there are
concerns regarding impacts of the Ortega North site.
Written Communications:
The following letters had been received in opposition to the
proposed sites:
(1) Letter dated April 13, 1984, to the Santa Margarita
Water District Board of Directors, from Richard L.
Conte, Member of the Hunt Club Community Association,
2204 East Fourth Street, P. O. Box 15140, Santa Ana,
92705-0140.
(2) Letter dated April 13, 1984, from John Benevides, 31132
Via Cristal.
(3) Letter dated April 14, 1984, from William H. Grace,
Jr., 31012 Via Estenaga.
(4) Letter dated April 14, 1984, from Russell and Violet
Mann, 28032 Paseo Barranca.
(5) Letter dated April 14, 1984, from Gayle Thomas, 31192
Calle Entradero.
(6) Letter dated April 15, 1984, from Mr. and Mr. Luis
Tasso, 31261 Via Sonora.
(7) Letter dated April 16, 1984, from Sharon English, 27921
Paseo Nicole.
(8) Letter dated April 16, 1984, from Joanne V. Gleason,
P. O. Box 1347, forwarding a letter to Governor George
Deukmejian.
(9) Letter received April 17, 1984, from Elbridge Anderson,
31575 Moonglow Lane.
(10) Letter received April 17, 1984, from Jim Jannard, 30741
Fox Run Lane.
Public Input:
The following persons addressed Council to cite their
concerns:
(1) Richard Wordes, 31812 Paseo Labranza, spoke in
opposition to the proposed sites and suggested the
letter to the Santa Margarita Water District include a
time limit for response in order to determine whether
or not comments will be received past the May 4th
deadline. He requested direction regarding public
response to the issue.
84
(2) Marlene Draper, 31141 Via Cristal, requested Council go
on record in opposition to both sites proposed along
Ortega Highway and cited concerns regarding potential
flooding, air emissions, lack of input from San Juan
Capistrano citizens; possible construction impacts on
Ortega Highway and Calle Arroyo, and lack of
information available for public review.
(3) Ed Conner, 31301 Via Cuartel, requested notification of
residents if the request for a time extension is
denied and suggested the City Attorney be authorized to
file a letter of objection, citing violations of CEQA
guidelines if the District does not comply with
requests outlined in the draft letter. He further
requested Council go on record in opposition to both
sites proposed along Ortega Highway.
(4) Scott Raymond, 31000 Avenida Siega, spoke in opposition
to the proposed sites, citing visual impacts.
(5) Jim Fracciuto, 31501 Via Sonora, spoke in opposition to
the proposed sites, citing impacts on the residential
lifestyle.
(6) Dennis Draper, 31141 Via Cristal, noted that the
proposed Ortega South site is currently an agriculture
preserve set aside under the Williamson Act and the
proposed use would be inconsistent with existing uses.
(7) Bert Sims, 32229 Via Barrida, requested direction for
dealing with the problem in a pragmatic fashion.
Council Discussion:
Council discussed the issue, noting that in order to build a
legal case for attacking the decision-making process,
residents should continue writing letters to the Santa
Margarita Water District Board of Directors, the Orange
County Board of Supervisors, the Orange County Planning
Commission, and Rancho Mission Viejo; attend hearings; sign
requests to receive information; demand that their views be
represented; and, not lose interest if the 60 -day extension
is granted. Letters collected will be added into the
Environmental Impact Report process. Councilman Friess
stated that the City will do whatever is necessary to
accomplish an extension of time. Councilman Hausdorfer
cited opposition to both sites along Ortega Highway, as well
as the Oso-Trabuco site within the City limits. Councilmen
Buchheim and Bland cited opposition to both sites on Ortega
Highway*as designated. They acknowledged that construction
of a treatment plant serving areas to the north of San Juan
Capistrano will be necessary and cited the necessity of
keeping communications open. Councilman Schwartze cited
concurrence with the draft letter.
-4- 4/17/84
* and Oso Trabuco (added by Council 5/1/84)
A royal of Letter:
Counc1 man Friess moved to approve the letter with
amendments indicating strong opposition to both sites in the
Ortega Valley and requesting a response from the Board of
Directors prior to the April 24th Planning Commission
meeting. Councilman Hausdorfer suggested modifications to
indicate opposition to the Ortega North and Ortega South
sites as presently designated. Councilman Friess withdrew
his motion. It was moved by Councilman Friess, seconded by
Councilman Hausdorfer, to approve the letter with
modifications as suggested by Councilman Hausdorfer. With
the concurrence of the second, the motion was amended to
include deletion of a sentence in the last paragraph. The
motion to approve the draft letter, with amendments to the
last two paragraphs to read as follows, was carried
unanimously:
"Further, the San Juan Capistrano City Council wishes to
express to the Board of Directors of the Santa
Margarita Water District its opposition to the sites
designated as "Ortega South" and "Ortega North" as
presently shown, which are immediately adjacent to
current and proposed residential areas within the City
of San Juan Capistrano, as well as the City's major
recreation facility, Cook Park. In addition, the City
Council desires to reiterate its opposition to that
site designated within the City which you refer to as the
"Oso-Trabuco Site." Before making a decision on any site,
we wish to advise you that the City will expect that full
and complete information be provided regarding adequacy
of all sites, alternative sites, and full and complete
disclosure that any of these alternatives might have on
the citizens of San Juan Capistrano, prior to the April
24th Planning Commission meeting."
"As we have previously indicated to you, the need for
additional treatment capacity is a concern that all of
us share. You have the opportunity to demonstrate to
the citizens of San Juan Capistrano that you do share a
concern for the impact of your proposed facility upon
their environment and their community. You may do so
by affirmatively responding to the requests that we
have set forth in this letter."
Authorization to Retain Legal Counsel
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to authorize
City Manager to retain such legal counsel and other
consulting assistance as may be needed in the next few
regarding this matter.
RECESS AND RECONVENE
Council recessed at 8:27 p.m., and reconvened at 8:35 p.m.
-5- 4/17/84
the
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MAYOR'S REMARKS
(32) Mayor Bland cited his pleasure in serving as Mayor for the
past year. He noted accomplishments during the past year,
which included dedication of the Multi -Modal Terminal;
completion of the renovation of the Old Fire Station to
serve as a senior citizen's center and the City Recreation
Department; and, opening of the regional library in San Juan
Capistrano. He stated that the accomplishments were the
result of team efforts of the Council and City staff.
CITY COUNCIL RE -ORGANIZATION
ORDINANCE ESTABLISHING COMPENSATION
(32) Written Communications:
Report dated April 17, 1984, from the City Manager, advising
that the 1983-84 City Budget provided for councilmanic
compensation to be established at $255 per month, effective
April 17, 1984.
Adoption of Ordinance:
The City Manager 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. 508, ESTABLISHING COUNCILMANIC SALARIES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING SALARIES FOR MEMBERS OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO IN
ACCORDANCE WITH STATUTES OF THE GOVERNMENT CODE AND
AMENDING TITLE 2, ARTICLE 2, OF THE MUNICIPAL CODE
(URGENCY)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
The Ordinance took effect immediately.
ADOPTION OF RESOLUTION DECLARING RESULTS OF ELECTION
(40) Written Communications:
Report dated April 17, 1984, from the City Clerk, forwarding
a Resolution declaring the results of the April 10, 1984,
General Municipal Election. The report advised that the
official canvass had been conducted on April 12, 1984, and
the overall results of the semi-official tally confirmed;
Q�
4/17/84
m
a Hand Count Board manually counted the vote of one precinct
on April 12, 1984, and additionally confirmed the overall
results of the semi-official tally. Incumbent Council
Members Lawrence F. Buchheim and Kenneth E. Friess were
re-elected to a four-year term ending April 20, 1988. The
report included a memorandum thanking City Department Heads
and specified City personnel for their cooperation.
Adoption of Resolution
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following Resolution be adopted:
RESOLUTION NO. 84-4-17-1
RESULTS OF ELECTION, APRIL 10, 1984
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING
THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD IN THE CITY ON APRIL 10, 1984, DECLARING
THE RESULT AND SUCH OTHER MATTERS AS PROVIDED
BY THE PROVISIONS OF LAW
WHEREAS, a general municipal election was held and
conducted in the City of San Juan Capistrano, California, on
Tuesday, April 10, 1984, as required by law; and,
WHEREAS, notice of the election was duly and regularly
given in time, form and manner as provided by law; that voting
precincts were properly established; that election officers were
appointed and that in all respects the election was held and
conducted and the votes were cast, received and canvassed and the
returns made and declared in time, form and manner as required by
the provisions of the Elections Code of the State of California
for the holding of elections in cities; and,
WHEREAS, pursuant to Resolution No. 83-12-6-10 adopted
December 6, 1983, the City Clerk of the City canvassed the
returns of the election and has certified the results to this
City Council, the results are received, attached and made a part
hereof as Exhibit "A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1.
That the whole number of votes cast in the City except
absent voter ballots was 2058.
That the whole number of absent voter ballots cast in
the City was 169, making a total of 2,227 votes cast in the City.
-7- 4/17/84
SECTION 2.
That the names of persons voted for at the election for
Member of the City Council of the City are as follows:
1. Jeffrey A. Greenspan
2. Lawrence F. Buchheim
3. Kenneth E. Friess
4. Rick L. Lund
SECTION 3.
That the number of votes given at each precinct and the
number of votes given in the City to each of such persons above
named for the respective offices for which the persons were
candidates, were as listed in Exhibit "A" attached.
SECTION 4.
The City Council does declare and determine that:
Lawrence F. Buchheim
was elected as Member of the City Council of the City
for the full term of four (4) years;
Kenneth E. Friess
was elected as Member of the City Council of the City
for the full term of four (4) years.
SECTION 5.
The City Clerk shall enter on the records of the City
Council of the City, a statement of the result of the election,
showing:
1.
The
whole number of votes cast
in the City;
2.
The
names of the persons voted
for;
3.
For
what office each person was
voted for;
4.
The
number of votes given at each
precinct to each
person;
5. The number of votes given in the City to each
person.
SECTION 6.
That the City Clerk shall immediately make and deliver
to each of such persons so elected a Certificate of Election
signed by the City Clerk and duly authenticated; that the City
Clerk shall also administer to each person elected, the Oath of
Office prescribed in the State Constitution of the State of
-8- 4/17/84
California and shall have them subscribe to it and file it in the
office of the City Clerk. Each and all of the persons so elected
shall then be inducted into the respective office to which they
have been elected.
SECTION 7.
That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of
original Resolutions.
PASSED, APPROVED AND ADOPTED this 17th day of
April , 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
/s/ Anthony L. Bland
ANTHONY L. BLAND, MAYOR
ATTEST:
/s/ Mary Ann Hanover
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 84-4-17-1 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of
April , 1984
(SEAL) /s/ Mary Ann Hanover
MARY ANN HANOVER, CITY CLERK
-9- 4/17/84
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4/17/84
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The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Blanca
NOES: None
ABSENT: None
OATH OF ALLEGIANCE AND PRESENTATION OF CERTIFICATES OF ELECTION
(40) The City Clerk presided at the meeting and administered the
Oath of Office to Councilmen -elect Buchheim and Friess.
Following the Oath of Office, the City Clerk presented the
Certificates of Election, and the new Council was seated.
ROLL CALL OF NEWLY -CONSTITUTED COUNCIL
PRESENT: Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
SELECTION OF MAYOR
(32) The City Clerk opened nominations for the Office of Mayor.
Councilman Schwartze nominated Councilman Hausdorfer for the
Office of Mayor; Councilman Friess seconded the nomination.
There being no further nominations, nominations were closed
and it was moved by Councilman Schwartze, seconded by
Councilman Friess and unanimously carried that Gary L.
Hausdorfer be elected as Mayor for a one-year term ending
April 2, 1985. Mayor Hausdorfer assumed the chair and
presided during selection of the Mayor pro tempore.
SELECTION OF MAYOR PRO TEMPORE
(32) Mayor Hausdorfer opened nominations for the Office of Mayor
pro tempore. Councilman Buchheim nominated Councilman
Schwartze for the Office of Mayor pro tempore; Councilman
Friess seconded the nomination. There being no further
nominations, nominations were closed and it was moved by
Councilman Buchheim, seconded by Councilman Friess and
unanimously carried that Phillip R. Schwartze be elected as
Mayor pro tempore.
REMARKS BY COUNCILMEN -ELECT
(32) Councilman Buchheim thanked former -Mayor Bland for an
outstanding job as Mayor, stating it was a privilege to
serve with him. He expressed his appreciation to people in
-11- 4/17/84
the community who returned him to office. Councilman
Friess cited his pleasure in serving with the present
Council Members again, stating that the City has grown into
a community of people with common goals and respect for each
other. He expressed his appreciation to his family and
friends for their efforts during the recent campaign.
Presentation of Plaque and Gavel: _
Mayor Hausdorfer congratulated Councilmen Buchheim and
Friess on their re-election. He cited the privilege of
serving with former -Mayor Bland and on behalf of the Council
presented him with a City Seal Plaque and the Gavel used
during his term of office.
Statement of Priorities:
Mayor Hausdorfer thanked Council for the privilege of
serving as Mayor again and noted his priorities of economic
development, growth management, sewage treatment, flood
management, transportation, mobile home parks, affordable
housing, and equestrian and parks systems. He stated an
intent to initiate meetings with the press to assist in
processing information as it becomes available.
CITY BANK ACCOUNTS
(41) Written Communications:
Report dated April 17, 1984, from the City Clerk, forwarding
a Resolution authorizing the Mayor or Mayor pro tem and the
City Treasurer or Deputy City Treasurer to invest funds and
draw checks on the City bank accounts, and citing the need
to authorize signatures.
Authorization to Sign Signature Cards:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to authorize the
newly -elected Mayor and Mayor pro tem to sign the signature
cards for the City's bank accounts.
Investment of City Funds:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 84-4-17-2. DEPOSIT AND INVESTMENT OF
1:.L1"T IULVVD - a Ar1DVLUT.LUV Vr Tnb l:1'11 I.VVLV1.1L Ur Tnr.
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO
THE CITY TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND
TO INVEST OR REINVEST CITY FUNDS, AND REPEALING
RESOLUTION NO. 83-4-5-3
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
-12- 4/17/84
93
The Resolution delegates the authority to invest funds to
the City Treasurer and requires the following signatures on
such investments or reinvestments:
Gary L. Hausdorfer, Mayor, or
Phillip R. Schwartze, Mayor pro tem, and
John C. Gibson, City Treasurer, or
Mary Ann Hanover, Deputy City Treasurer
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - CALIFORNIA CHILD ABUSE PREVENTION MONTH,
APRIL 1984
(71) Written Communications:
Report dated April 17, 1984, from the City Clerk, advising
that State Attorney General John K. Van De Kamp requested
the proclamation to focus on the plight of California's most
defenseless victims and to recognize child care
professionals who dedicate their lives to the protection and
rights of children.
Approval of Proclamation:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to proclaim the month of April
as California Child Abuse Prevention Month.
2. PROCLAMATION - HISTORIC PRESERVATION WEEK
(23) Written Communications:
(71) Report dated April 17, 1984, from the Secretary to the
Cultural Heritage Commission, advising that the National
Trust for Historic Preservation and local preservation
organizations had requested the proclamation to promote a
greater awareness of and appreciation for our nation's
cultural heritage and related preservation activities. The
City's Cultural Heritage Commission tentatively plans to
conduct activities such as poster and essay contests and
open house tours in the Los Rios Area to commemorate the
event.
Approval of Proclamation:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to proclaim the week of
May 13 -20, 1984, as Historic Preservation week.
ORAL COMMUNICATI
Mayor Hausdorfer opened Oral Communications for anyone wishing to
speak on an item other than the proposed wastewater treatment
plant.
1. WAGON WHEEL STABLES
(38) Friday Jacobs, 26505 Paseo Santa Clara, owner of the Wagon
(62) Wheel Stables located on City property along Calle Arroyo,
-13- 4/17/84
advised he will be moving to Oregon and requested direction
regarding possible sale or dismantlement of the facility.
The City Manager will contact Mr. Jacobs for discussion of
the matter.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated April 17, 1984, Warrant Register
No. 84-102, in the total amount of $440,731.09, was approved
as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of March 31,
1984, in the total amount of $6,415,000, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(41) The City Treasurer's Report advising that there were no 1911
Act Bond Delinquencies as of March 31, 1984, was approved as
submitted.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS
(23) The Report dated April 17, 1984, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of April 9, 1984, was ordered received and filed.
5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(23) The Report dated April 17, 1984, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of March 14 and March 28, 1984, was
ordered received and filed.
6. APPLICATION FOR ROBERTI-Z'BERG GRANT FUNDS - PARK EQUIPMENT
(SERRA AND COOK PARKS) ((38-#470)
(41) As set forth in the report dated April 17, 1984, from the
-14-
4/17/84
(62) Senior Administrative Assistant, the following Resolution was
adopted:
RESOLUTION NO. 84-4-17-3, APPROVING APPLICATION FOR
ROBERTI-Z'BERG OPEN -SPACE AND RECREATION GRANT FUNDS -
FOUNTAIN AND BLEACHERS (SERRA PARK AND COOK PARK) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -SPACE
AND RECREATION PROGRAM - FOUNTAIN AND BLEACHERS (SERRA
PARK AND COOK PARK)
The City's allocation is $1,100; application will be made to
finance the purchase and installation of a drinking fountain
at Serra Park and additional bleachers for Cook Park playing
fields. The required City match of funds in the approximate
amount of $250, was budgeted in Account No. 01-4440-287.
7. CLAIM FOR DAMAGES (URIBE)
(35) The Claim filed on October 17, 1983, by Attorney Edward P.
Laufer, on behalf of Jose Uribe, in conjunction with an
incident involving the claimant and representatives of the
Orange County Sheriff's Department, was denied and referred
to the City's Claims Adjuster, Carl Warren Insurance.
PUBLIC HEARINGS
1. CONTINUATION OF HEARING - AMENDMENTS TO NON-EXCLUSIVE
(43) This Public Hearing was continued from the meeting of
February 21, 1984.
Written Communications:
Report dated April 17, 1984, from the Director of
Administrative Services, advising that additional time will
be needed for negotiations and requesting a continuance of
the matter to June 19, 1984.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer 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
Bland and unanimously carried to continue the Public Hearing
to the meeting of June 19, 1984.
-15- 4/17/84
RESOLUTIONS
1. OPPOSING PROPOSED AMTRAK METROLINER SERVICE
(88) Written Communications:
(1) Report dated April 17, 1984, from the Senior
Administrative Assistant, advising that the cities
Oceanside, Santa Ana, and Fullerton have adopted
similar resolutions opposing the proposed Amtrak
Metroliner Service which is due to be implemented
April 29, 1984, and will result in the loss of two
train stops per day for San Juan Capistrano.
of
on
(2) Report dated April 17, 1984, from the Senior
Administrative Assistant, advising that a meeting of
officials from Santa Ana, Fullerton, and San Juan
Capistrano met on April 7, 1984, regarding the
Metroliner Service. The report set forth agreed-upon
reasons for opposing the Service and future actions to
be taken.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 84-4-17-4, OPPOSING INTRODUCTION OF
METROLINER SERVICE IN LOS ANGELES -SAN DIEGO CORRIDOR - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, OPPOSING THE INTRODUCTION OF
METROLINER SERVICE IN THE LOS ANGELES -SAN DIEGO CORRIDOR
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution also requested delaying implementation of the
Metroliner Service until a review and evaluation has been
done by affected cities. The Resolution will be forwarded
to elected officials and officials of Amtrak.
BIDS. CONTRACTS. AGREEMENTS
1. RIGHT-OF-WAY PURCHASE, AHFP 1105 - SAN JUAN CREEK BRIDGE AT
CAMINO CAPISTRANO (COUNTY OF ORANGE) (38-#463
(38) Written Communications:
(44) Report dated April 17, 1984, from the Director of Public
(74) Works, forwarding an agreement with the County of Orange for
-16-
4/17/84
LOVA
CTL A
right-of-way purchase necessary for the Camino Capistrano
Bridge Project. The report advised that the estimated cost
of acquisition increased to $108,500, with the City's
portion increasing to $54,500. A Resolution requesting the
increased allocation was forwarded pursuant to Arterial
Highway Financing Program regulations. A budget amendment
in the amount of $108,500 was requested in the Capital
Improvement Budget Account No. 06-4706-514, with funds
available from the General Fund in the form of a loan.
Approval of Agreement/Amendment:
It was moved by Councilman Bland, seconded by Councilman
Buchheim and unanimously carried to approve the agreement
with the County of Orange for the right-of-way purchase,
AHFP Project No. 1105, Camino Capistrano Bridge; to approve
a budget amendment of $108,500 as a loan from the General
Fund to be reimbursed in Fiscal Year 1984-85; and, direct
staff to allocate sufficient funds in the 1984-85 budget to
complete the right-of-way acquisition. The Mayor and City
Clerk were authorized to execute the agreement on behalf of
the City.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 84-4-17-5
ALLOCATION - AHFP 1105 (CAMINO CAPISTRANO BRIDGE AT SAN
JUAN CREEK) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE
COUNTY OF ORANGE TO INCREASE THE ALLOCATION FROM THE
ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE ACQUISITION
OF RIGHT-OF-WAY FOR THE CAMINO CAPISTRANO BRIDGE AT SAN
JUAN CREEK (AHFP 1105)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution requested an increased allocation of funds
for the Project right-of-way acquisition from $38,500 to
$54,000, with a total cost of $108,500.
2. AWARD OF CONTRACT - LANDSCAPE MAINTENANCE DISTRICTS
(38-#417)
(38) Written Communications:
(74) Report dated April 11, 1984, from the Director of Public
(85) Works, forwarding results of bids received for the Landscape
Maintenance Districts. The report set forth the cost
=17- 4/17/84
breakdown by tract and advised that information had been
forwarded to the Landscape Maintenance Districts Committee.
Funds will be budgeted in the 1984-85 Budget, Account No.
011-4440-213; costs are assessed to property owners through
County tax rolls.
Due to a possible conflict of interest, Councilman Schwartze left
the Chamber.
The Director of Public Works advised that Mr. Wann was in
the process of collecting signatures on a request to
dissolve the District in Tract 9373 and to reduce the
District in Tract 7654. He stated a report would be
forthcoming regarding the requests and the cost changes in
the tracts.
Richard Wann, 28131 Calle San Remo, discussed the petition
from Tract 9373 requesting abolishment of the District and
the request for a reduction in the District from Tract 7654.
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried with Councilman Schwartze
absent, to accept the bids as submitted; to award the
contract for the Landscape Maintenance of designated
Districts to the low bidder, Toyo Landscaping Company of
Palm Springs, in the amount of $42,240 per year; and, to
reject all other bids. The Mayor and City Clerk were
authorized to execute the document on behalf of the City.
Councilman Schwartze returned to the Chamber and resumed his
duties.
3. APPROVAL OF PLANS AND CALL FOR BIDS - VEREDA BIKEWAY (C62)
(62) Written Communications:
Report dated April 17, 1984, from the Director of Public
Works, requesting approval of plans for the segment of the
Vereda Bikeway extending from Camino Capistrano easterly
under I-5 freeway to Paseo Tirador in the Ortega Properties.
The work was divided into two phases; Phase One included
grading and drainage work; Phase Two included trail paving
and fencing. The Engineer's estimate to complete both
phases was $150,000. Both phases will be bid at this time
but, due to financial restraints, the contract may be
awarded for Phase One only. The report advised that City
funds in the amount of $10,000 were budgeted in the 1983-84
Budget. Through Senate Bill 821, the County granted
$115,000 to the City; however, the contract must be awarded
by June 30, 1984, in order to retain that funding. The
project may receive Senate Bill 244 grant funds next year.
Approval of Plans:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carrieclJ,,;tp approve the project
plans and specifications and to thorize a call for bids.
-18- 4/17/84
4.
APPROVAL OF
LL FOR BIDS - CITY FLOW MET
9
(79) Written Communications:
Report dated April 17, 1984, from the Director of Public
works, requesting approval of plans for installation of flow
metering and monitoring equipment to more accurately
determine the amount and strength of sewage generated by
City users. Costs for installation were estimated at
$15,000.
Approval of Plans:
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to approve the plans and
specifications for the City's Flow Meter and Monitoring
Equipment and to authorize a call for bids.
RECESS AND RECONVENE
Council recessed at 9:33 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency and reconvened at 9:35 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. PARKLAND DEDICATION
(38) Written Communications:
(62) Report dated April 17,
(85) that due to title prob]
Glendale Federal will r
of the land conveyance
January 17, 1984. The
park fees be approved i
TRACTS 10318 AND
1984, from the City Manager, advising
ems with water and mineral rights,
of be able to satisfy the conditions
agreement approved by Council on
report recommended that payment of
n lieu of land dedication.
Rescind Agreement/Approve Fees:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to rescind the previous
approval of the "Agreement for Dedication of Land for Park
Purposes;" and, direct that park fees in the amount of
$147,386 (principal plus interest) be collected from the
developer to satisfy the park requirements for Tracts 10318
and 10319.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
APPROVAL OF REQUEST FOR EXTENSION OF TIME - TENTATIVE TRACT
MAP 10634 (PUEBLO SERRA)
(85) Written Communications:
Report dated April 17, 1984, from the Director of Community
Planning and Development, forwarding a request from Lloyd E.
Ross, President, Enterprise Construction Company, for an
extension of the Pueblo Serra Planned Community Tentative
-19- 4/17/84
100 Tract Map. The report recommended a one-year extension to
April 7, 1984. The report also advised that due to recent
changes in the State Subdivision Map Act, the length of time
for tentative tract and parcel maps has been extended, as
well as the approval process for granting such extensions.
The legislative body that approves the tentative map must
also approve any time extensions.
Due to a possible conflict of interest, Councilman Buchheim left
the Chamber.
Approval of Request:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and carried unanimously with Councilman Buchheim
absent, to approve a 12 -month extension of time to April 7,
1985, for Tentative Tract 10634.
Councilman Buchheim returned to the Chamber and resumed his
duties.
Direction Regarding Approval Process:
The Director of Community Planning and Development requested
direction regarding placement on the Agenda of future
requests for extension of time, noting that until recent law
changes the Planning Commission had approved such requests.
It was moved by Councilman Bland, seconded by Councilman
Schwartze and unanimously carried that future requests
remain as regular agenda items for Council consideration
rather than Consent Calendar items.
2. GRADING PLAN FOR CAMINO LOS PADRES (COLINAS DE CAPISTRANO)
(56) Written Communications:
Report dated April 17, 1984, from the Director of Community
Planning and Development, advising that the court -sanctioned
agreement with the County and with Shea Homes, provided for
the future construction of Camino Los Padres from Golden
Lantern to Camino Capistrano; that as a condition of
approval of Shea Homes' latest residential project in the
Colinas Planned Community, the County has required grading,
but not paving, of the roadway from Golden Lantern to the
City limits. The report discussed the impacts of two
grading alternatives, as follows:
(1) A grading concept for the present project, which shows
roadway grading to the City boundary and supportive
grading extending into the City (Bathgate property).
(2) A grading concept stopping the roadway grading short of
the City boundary so that the supportive grading does
not extend into the City.
The report noted that Public Works staff supported grading
into the City; Planning staff believed grading should be
stopped outside the City.
-20- 4/17/84
Exhibits were on display and Larry Lawrence, Senior Planner,
made an oral presentation, citing the visual impacts on the
Bathgate property. The Director of Community Planning and
Development advised that the engineer for Shea Homes had
contacted him in support of Alternate 2. The Director of
Public Works advised that the County had expressed concerns
that Camino Los Padres is designated a primary roadway in
the County area, but is designated a secondary roadway in
the City area. He advised that staff is working to resolve
the issue.
Dick Hunsaker, Hunsaker and Associates, 3001 Red Hill, Suite
212, Costa Mesa, representing Shea Homes, noted that there
is a difference of approximately 300,000 yards of dirt
between Alternate 1 and Alternate 2 and that Shea Homes
wished to stockpile the dirt by increasing the fill on the
north side and placing it in a compacted state and finished
condition with landscaping. It will be shielded from view
of the City area. When the need exists to extend the
roadway, that fill would be cut out for use wherever needed.
He also discussed the drainage structure and actions that
would be taken to mitigate runoff.
Approval of Alternate 2:
Following discussion, it was moved by Councilman Bland,
seconded by Councilman Schwartze and unanimously carried as
follows:
(1) To approve the extension of drainage facilities into
the City, subject to the condition that the precise
drainage design be approved by the City Engineer;
(2) To direct staff to convey to the County Environmental
Management Agency that the road grading design extending
into the City (Alternate 1) is not acceptable, but that
the design stopping grading short of the City boundary
(Alternate 2) is acceptable;
(3) To direct staff to work with the developer and the
County on slope landscaping design with the aim of
mitigating the visual impacts of the road grading; and,
(4) To direct staff to review the stockpiling concept
proposed by Shea Homes.
3. INITIATION OF GENERAL PLAN AMENDMENT 84-2 (HOUSING ELEMENT)
(46) Written Communications:
Report dated April 17, 1984, from the Director of Community
Planning and Development, advising that the Housing Element
was completely revised in 1981 and was scheduled for
revision by July, 1984. The revision and update will follow
guidelines set by the State and will address housing
improvement; housing production; housing assistance; and,
will reflect updated census information. The report advised
that costs for consultant assistance should not
-21- 4/17/84
02 exceed $3,000, which will be drawn from the Planning
Department Professional Services budget.
The Director of Community Planning and Development advised
that costs for consultant assistance had been revised to
approximately $4,000.
Initiation of GPA 84-2:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to initiate General Plan
Amendment 84-2, addressing revisions to the existing Housing
Element.
4. PROPOSED EARTH STOCKPILE - BATHGATE PROPERTY
(25) Written Communications:
(1) Report dated April 17, 1984, from the Director of
Community Planning and Development, forwarding a
request from Richard Simonian, General Partner, San
Juan Capistrano Estates, for approval of a stockpile
plan for 102,000 cubic yards of dirt on the Bathgate
property. The earth will be generated from the Oso
Creek Improvement Project. The report forwarded staff
and Planning Commission recommendations to deny the
request.
(2) Letter dated April 16, 1984, from Robert D. Mickelson
Planning Consultants, Inc., 3823 Casselle Avenue, P. O.
Box 2303, Orange 92669, requesting a two-week
continuance of the item to allow time to explore other
options for placement of the dirt.
Continuance of Item:
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to continue the item to the
meeting of May 1, 1984.
DIRECTOR OF PUBLIC WORKS
1. APPROVAL OF AGREEMENT, PROJECT COMMITTEE NO. 19 - SANITARY
PLANT EXPANSION (SERRA) (38-#442)
(38) Written Communications:
(79) Report dated April 17, 1984, from the Director of Public
Works, forwarding an agreement for City participation in the
expansion of the existing SERRA Treatment Plant to
accommodate 3 MGD of liquids treatment. The agreement will
consolidate the desired capacity of Moulton Niguel Water
District, Dana Point Sanitary District, and the City. Total
cost of the project is estimated at $6 million; the City's
share would be $3.6 million. The report advised that the
City has already participated in the initial project budget
at $25,000.
The Director of Public Works
modification had been made to
approval in concept.
-22-
advised that an additional
the agreement and suggested
4/17/84
103
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to approve in concept the
agreement for the City's participation in Project Committee
No. 19, Treatment Plant Expansion - 3 MGD. -
2. FUNDING STATUS REPORT - RANCHO VIEJO ROAD BRIDGE AT TRABUCO
CREEK
(74) Written Communications:
Report dated April 17, 1984, from the Director of Public
Works, setting forth funding alternatives for the Rancho
Viejo Road Bridge at Trabuco Creek. The alternatives
included the AHFP Bridge Program; an assessment district;
Federal Aid Urban Program; a benefit district; and, City
funding.
Receive and File:
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to receive and file the
report.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS
(67) The report dated April 17, 1984, from the Director of
Community Planning and Development, regarding actions taken
by the Planning Commission at their meeting of April 10,
1984, was ordered received and filed. .
CULTURAL HERITAGE COMMISSION
1. AMENDMENT TO COUNCIL POLICY NO. 602 - BUILDINGS OF
DISTINCTION
(69) Written Communications:
(23) Report dated April 17, 1984, from the Secretary to the
Cultural Heritage Commission, forwarding a recommendation
from the Cultural Heritage Commission to amend City Council
Policy No. 602 to provide for Commission review and approval
of alterations and modifications to Buildings of Distinction.
Presently, the Policy only requires Commission review and
approval of applications for permits to demolish a Building
of Distinction.
Amendment to Policy
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve and adopt the
amended City Council Policy No. 602.
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104
COUNCIL ACTIONS
1. APPOINTMENT OF ONE MEMBER TO THE ARCHITECTURAL BOARD OF
REVIEW
(23) This item was rescheduled to the meeting of May 1, 1984.
2. APPOINTMENT OF TWO MEMBERS TO THE CULTURAL HERITAGE
COMMISSION
(23) This item was rescheduled to the meeting of May 1, 1984.
COUNCIL REMARKS
1. COUNCIL ELECTION
(40) Councilman Schwartze commented regarding actions of one of
the Council candidates and expressed his pleasure at serving
again with recently re-elected Councilmen Buchheim and
Friess.
2. LOCAL RENT REVIEW
(51) Councilman Buchheim commented on Assembly Bill 3808, which
proposes to take away the right of local control in the area
of rent review legislation.
Resolution of Opposition:
It was moved by Councilman Buchheim, seconded by Councilman
Friess that the following Resolution be adopted:
BILL
kLVUP.L RZNT rzvlr�WJ - H Azoui'UTlUN Ur Tnz la1'1 l:VU1Vl:1L
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, NOTING
OPPOSITION TO AND URGING THE DEFEAT OF ASSEMBLY BILL
3808 (LOCAL RENT REVIEW)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The City Clerk was directed to forward a certified copy of
the Resolution to Assemblywoman Marian Bergeson and
Assemblyman Jim Costa.
Following discussion, staff was directed to forward a letter
to the Governor with the Mayor's signature. Al Arps, 32302
Alipaz Street, Space 158, addressed Council on the proposed
Bill.
-24- 4/17/84
Yap
3. CAMPAIGN SIGNS
(25) Staff was directed to forward a letter to the Carpenter
Campaign Committee requesting removal of campaign signs
within the City.
4. TRAFFIC SAFETY
(87) Councilman Bland cited a letter of appreciation from the
(36) Del Obispo Elementary School regarding work done by the
City's Traffic Engineer, Dana Kasdan.
5. COUNCIL REPRESENTATION
(32) Councilman Bland advised that he will be in Washington,
D.C., next week and intends to meet with Congressman
Packard.
6. PURCHASE OF AUDIO-VISUAL EQUIPMENT (LIBROS Y ARTES)
(61) Councilman Friess forwarded a request from Libros y Artes
for City funding of one half the cost of a public address
system, two projectors, and two stands. It was moved by
Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to approve the request for funding in
the amount of $4,150.
7. LITTER CLEAN-UP
(45) Councilman Friess noted that the County's litter clean-up
(38) program using juvenile offenders will be discontinued for
safety reasons and suggested contacting community groups for
assistance in continuing the program. He advised he would
be willing to work with staff on the matter.
8. STAFF COMMENDATIONS
(36) Mayor Hausdorfer thanked Stephen Julian, Tom Merrell, Bill
Murphy, Raymundo Becerra, Sara Pashalides, and Cindy
Ferguson for their initiative in conducting informational
meetings to correct misinformation regarding the proposed
treatment plant sites and the San Juan School site.
CLOSED SESSION
Council recessed to a Closed Session at 10:15 p.m., for
discussion of legal matters, the City Clerk being excused
therefrom, and reconvened at 10:53 p.m.
-25- 4/17/84
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:54 p.m., to the next regular meeting date of
Tuesday May 1, 1984, at 7:00 p.m., in the City Council Chamber.
Respectfully submitted,
ATTEST:
-26-
4/17/84