84-0807_CC_Minutes_Regular MeetingAUGUST 7, 1984 239
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 Hausdorfer
at 7:07 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 Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Phillip R. Schwartze, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
(arrived at 7:25 p.m.)
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann
Hanover, City Clerk; James S. Okazaki, 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; Mary Carlson, Deputy City
Clerk.
MINUTES
Adjourned Regular Meeting of July 10, 1984:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the Minutes of the Adjourned Regular Meeting of
July 10, 1984, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
Regular Meeting of July 17, 1984:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of July 17,
1984, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: Councilman Friess
-1- 8/7/84
240.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
PRESENTATIONS AND COMMENDATIONS
1. FATHER SERRA, DAY OF RECOGNITION, AUGUST 28, 1984
(34) Written Communications:
Report dated August 7, 1984, from the City Clerk, forwarding
a Resolution setting a special day of recognition in honor
of Father Junipero Serra on the 200th Anniversary of his
death, August 28, 1984.
Adoption of Resolution:
Mayor Hausdorfer read the Resolution in full. It was moved
by Councilman Buchheim, seconded by Councilman Schwartze,
that the following Resolution be adopted:
RESOLUTION NO. 84-8-7-1, SPECIAL DAY OF RECOGNITION,
FATHER SERRA - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING A
SPECIAL DAY OF RECOGNITION IN HONOR OF FATHER JUNIPERO
SERRA ON THE 200TH ANNIVERSARY OF HIS DEATH (AUGUST 28,
1984)
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
Mayor Hausdorfer asked the City Clerk to present the
Resolution to Father Paul Martin of Old Mission San Juan
Capistrano. By consensus, Council directed that the
Resolution be reproduced on plaques,one for the Mission and
one for our Sister City Petra, Mallorca, with a copy
forwarded to the State Legislature.
Mayor Hausdorfer also thanked Father Martin for opening
the Mission grounds for the Olympic athletes.
-2- 8/7/84
241
PROCLAMATION - VOLUNTEER FIRE SERVICES DAY, AUGUST 18, 1984
(42) Written Communications:
Report dated August 7, 1984, from the City Clerk, advising
that President Reagan has designated the third Saturday in
August as Volunteer Firefighters Recognition Day.
Approval of Proclamation:
Mayor Hausdorfer read the Proclamation in full. It was
moved by Councilman Buchheim, seconded by Councilman Bland,
and unanimously carried that Saturday, August 18, 1984, be
proclaimed Volunteer Fire Services Day in San Juan
Capistrano. Mayor Hausdorfer commended the volunteers for
their many hours of service to the community. The City
Clerk presented the Proclamation to volunteer Captain Danny
Lacouague and Chief Mike Ahumada, the Orange County Fire
Department representative.
CERTIFICATE OF CONFORMANCE IN FINANCIAL REPORTING - CITY OF
SAN JUAN CAPISTRANO
(36) Written Communications:
(41) Report dated August 7, 1984, from the City Manager, advising
that the City has received the Certificate of Conformance in
Financial Reporting, the highest form of recognition in
governmental accounting and financial reporting.
Acknowledgement of Certificate of Conformance in F
Mayor Hausdorfer acknowledged receipt of the Certificate of
Conformance in Financial Reporting and commended Robert G.
Boone, Director of Administrative Services, and his
Department.
4. FINANCIAL REPORTING ACHIEVEMENT - ROBERT G. BOONE, DIRECTOR
OF ADMINISTRATIVE SERVICES
(36) Written Communications:
Report dated August 7, 1984, from the City Manager, advising
that as a result of qualification of the City for the
Certificate of Conformance in Financial Reporting, the
Municipal Finance Officers Association has forwarded an
Award of Financial Reporting Achievement for Robert G.
Boone, Director of Administrative Services.
Presentation of Award:
Mayor Hausdorfer read the letter from the Association,
presented the Award of Financial Reporting Achievement to
Robert G. Boone, Director of Administrative Services, and
commended him for his efforts.
-3- 8/7/84
242 .
ORAL COMMUNICATIONS
1. STORER CABLE TELEVISION, INC.
(43) Martha Corrales, Operations Manager, Storer Cable TV, Inc.,
presented a copy of a Public Statement and made a report
regarding the recent outages experienced by San Juan
Capistrano residents during Olympic broadcasting. She
identified the problems, reinforced the necessity of a hub
site in San Juan Capistrano, and indicated changes had been
made in personnel at their answering service. She stressed
the fact that their company's goal is to provide good
service, and they are striving to do so.
Jonathan Kramer, Technician, spoke in response to a question
put forth by Councilman Buchheim. He indicated the company
has at least three people on call 52 weeks a year. During
the Olympic broadcasts, there were five people on call.
MOBILE HOME PARK REVIEW COMMITTEE
(23) Ed Dailey, Golden State Mobilehome Owners League, 32371
Alipaz, #89, offered to answer any questions the Council had
regarding information they have received which is going to
the ad hoc committee. The City of Oceanside rental laws
Ordinance has been declared constitutional by the Fourth
Court of Appeals, and he will provide Council with
information in that regard. Mr. Dailey complimented the
Council for the fine job they are doing in the area of rent
control.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman
Friess, that the staff recommendations be accepted for the all
items listed on the Consent Calendar with the exception of the
Report of Traffic and Transportation Commission Actions. 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 August 15, 1984, Warrant Register
No. 85-014, in the total amount of $497,995.36, was approved
as submitted.
-4- 8/7/84
243 .
2. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(23) Report dated August 7, 1984, from the Secretary to the
Cultural Arts and Heritage Commission, regarding actions
taken at the meeting of July 26, 1984, was ordered received
and filed.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS
(62) The Report dated August 7, 1984, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of July 16, 1984, was ordered received and
filed.
4. RESOLUTION. NOTICE OF COMPLETION AND FINAL REPORT - 1984
(38) As set forth in the report dated August 7, 1984, from the
(74) Director of Public Works, due to additional requirements for
abating several parcels within the City, the contract is
continuing, and the Notice of Completion will be submitted
for Council review at the meeting of August 21, 1984.
5. ACCEPTANCE OF RIGHT-OF-WAY, ORTEGA HIGHWAY - ASSESSMENT
DISTRICT 78-3 (GRESHAM)
(74) As set forth in the report dated August 7, 1984, from the
Director of Public Works, the right of way dedication for
Ortega Highway was accepted and the expenditure of $6,750
for the right of way was authorized. The City Clerk was
directed to forward the document for recordation.
6. PUBLIC IMPROVEMENT AGREEMENT - ARCHITECTURAL CONTROL 83-9
DEL OBISPO STREET (VERMEULEN CHRISTIANS FARMERS MARKET)
(38) As set forth in the report dated August 7, 1984, the
(68) Improvement Agreement for Architectural Control 83-9 was
approved, and the Mayor and City Clerk were authorized to
execute the agreement. The City Clerk was directed to
forward the document for recordation. Payment of the
Agricultural Preservation Tax for the 2.97 acres was waived.
7. CLAIM FOR DAMAGES (RAMIREZ
(35) As set forth in the report dated August 7, 1984, from the
City Clerk, the Claim filed on July 14, 1984, by Attorney
Marc Vincent on behalf of Jesus Lemus Ramirez, for injuries
allegedly sustained in a tractor accident on May 3, 1984,
was denied and referred to the City's Claims Adjuster, Carl
Warren Insurance.
-5- 8/7/84
244
8. SET HEARING DATE - APPEAL OF PLANNING COMMISSION DECISION
REGARDING SPECIFIC DEVELOPMENT PLAN (DAVIS DEVELOPMENTS)
(68) As set forth in the report dated August 7, 1984, from the
City Clerk, a Hearing was set for the meeting of August 21,
1984, on the appeal filed by David B. Neish, in conjunction
with the Planning Commission's July 10, 1984, action
regarding denial of requested modification to the Specific
Development Plan (Davis Developments). Service commercial
parking space dimensions and additional parking spaces are
the issues being appealed.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(23) This item was removed from the Consent Calendar at the
request of Councilman Bland, who expressed concerns with
changes in speed limits on Aguacate Road, Calle Aspero, and
portions of Del Obispo.
Written Communications:
Report dated August 7, 1984, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meeting of July 25, 1984.
The Director of Public Works indicated there will be a full
report and staff members present at the next City Council
meeting. A report will be submitted for the Council's
review, and a Municipal Code Amendment will be presented.
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that the Report dated
August 7, 1984, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the
meetings of July 11, 1984, and July 25, 1984, be received
and filed.
PUBLIC HEARINGS
1.
TO NON-EXCLUSIVE FRANCHISE
rc MoTaT7707nXTl
(43) This Hearing was continued from the meeting of June 19,
1984.
Written Communications:
Report dated August 7, 1984, from the Director of
Administrative Services, advising that the City's attorneys,
Rutan and Tucker, and staff have been negotiating with Times
Mirror to reach an agreement regarding the provisions of the
franchise amendment. If agreement cannot be reached in the
near future, the City will proceed with the lawsuit and
enforcement of the Rules and Regulations as established by
City Council.
-6- 8/7/84
245
The Director of Administrative Services made an oral report,
indicating a trial date of November 2, 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 to October 2, 1984:
It was moved by Councilman Sc wartze, seconded by Councilman
Buchheim, and unanimously carried to continue the Public
Hearing to the meeting of October 2, 1984.
2. APPROVAL OF TENTATIVE PARCEL MAP 81-856, PROPERTY LOCATED AT
THE TERMINUS OF SAN JUAN CREEK ROAD (KEELE)
(85) Proposal:
Subdivision of a 10.47 -acre parcel, located just east of the
easternmost terminus of San Juan Creek Road in Hidden
Valley, into four residential lots. The four custom home
lots will have lot sizes of 2.0, 1.0, 1.0, and 1.1 acres.
The remaining 5.3 acres will be, in part, dedicated for the
construction of San Juan Creek Road, in part utilized as
natural open space with development rights dedicated to the
City (as part of the C. Russell Cook Master Plan), and a
portion (±l acre) just north of the proposed alignment will
be utilized by the applicant for pasture and grazing area
only. To the east of the property is the Lacouague Ranch,
to the north is San Juan Creek, and to the south and west is
the custom lot residential community of Hidden Valley.
Zoning for the property is primarily EL (Large Estate). A
portion of the property north of San Juan Creek Road is
zoned GM (Growth Management) and OS (Open Space).
Applicant/Property Owner:
William L. Keele, 103 South Broadway, Suite 201, Edmond,
Oklahoma 93034.
Agent:
J. Terence Dempsey, P. O. Box 991, San Juan Capistrano,
California 92693.
Written Communications:
Report dated August 7, 1984, from the Director of Community
Planning and Development forwarding staff findings and the
recommendation of approval, subject to the conditions listed
in the Resolution, made by the Planning Commission on
July 10, 1984.
The Director of Community Planning and Development made an
oral report noting that the fifth parcel of the property
-7- 8/7/84
2461..
being subdivided is in the flood plain and will be used for
grazing. He reiterated information about Traffic and
Circulation and Council Policy regarding the extension of
San Juan Creek Road.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and the following
person responded:
(1) J. Terrence Dempsey, Agent, P. O. Box 991, requested
clarification of wording regarding development rights.
As the agent for the Keeles, he indicated they are
ready to proceed.
There being no further response, Mayor Hausdorfer closed the
Hearing with the right to re -open at any time.
Negative Declaration:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to certify the issuance of
a Negative Declaration.
Approval of Tentative Parcel Map 81-856:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 84-8-7-2, TENTATIVE PARCEL MAP 81-856
(KEELE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 81-856
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
3. CONTINUATION OF 1984 WEED ABATEMENT CHARGES
(74) Written Communications:
Report dated August 7, 1984, from the Director of Public
Works, recommending continuation of the Hearing in an effort
to maximize the work done as part of the 1984 Weed Abatement
Program and to provide a more complete listing to the County
Assessor for inclusion on the secured tax roll. The
original County deadline for recording this project was
August 10, 1984. The Auditor has agreed to receive this
information at a later date to accommodate the City's
schedule.
-8- 8/7/84
4
2T.
Public Hearin :
Notice awing 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 to August 21, 1984:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to continue the Public
Hearing to the meeting of August 21, 1984.
CONFIRMATION OF 1984 LANDSCAPE MAINTENANCE DISTRICT CHARGES
- TRACTS 9284, 9382, 8485, 7673, 7654, AND 9373
(74) Proposal:
(85) Consideration of charges to be assessed in conjunction with
the Landscape Maintenance Districts in Tracts 9284, 9382,
8485, 7673, 7654, and 9373.
Applicant:
This was a City -initiated Hearing.
Written Communications:
Report dated August 7, 1984, from the Director of Public
Works, advising that a meeting had been held to solicit
comments regarding the proposed assessments. These costs
have been discussed with representatives from most of the
tracts and have been received favorably. Assessments are
similar to last year's charges.
The Director of Public Works reviewed the rates and
explained the contingencies.
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.
Confirmation of Charges:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, to adopt the following Resolution:
CALIFORNIA, CONFIRMING THE COST
LANDSCAPE MAINTENANCE DISTRICTS
SAN JUAN CAPISTRANO
ING COST REPORT - 1984
- A RESOLUTION OF THE
JUAN CAPISTRANO,
REPORT FOR 1984
CHARGES IN THE CITY OF
-9- 8/7/84
5.
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: None
The Resolution adopts the following assessments and directs
that the report be forwarded to the County Assessor and Tax
Collector for inclusion on the 1984-85 tax rolls:
Assessment Per
Tract Parcel Per Year
9284
$540
9382
445
8485
233
7673
182
7654
71
9373
71
Councilman Buchheim commended William Murphy, Director of
Public Works, and his staff for their handling of this
item.
FOR EXTENSION OF
(85) Proposal:
Request for a one-year extension of the approvals for
Tentative Tract 10375.
Applicant/Property Owner:
Francis C. Romer, P. O. Box 520, San Juan Capistrano,
California 92693.
00"WTOYY
Written Communications:
Report dated August 7, 1984, from the Director of Community
Planning and Development, forwarding a request from Francis _
C. Romer for an extension of the Tentative Tract Map 10375.
The report recommended a one-year time extension to
August 18, 1985.
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.
-10- 8/7/84
249
Approval of Request:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and carried unanimously to approve a 12 -month
extension of time to August 18, 1985, for Tentative Tract
10375.
ORDINANCES
18. REZONE 84-1
ON/LYON
(95) Written Communications:
(85) Report dated August 7, 1984, from the City Clerk, advising
that the Ordinance was introduced at the meeting of July 17,
1984, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Bland,
seconded by Councilman Friess, that the following Ordinance
be adopted:
ORDINANCE NO. 518 - REZONE 84-1
LYON COMPANY) - AN ORDINANCE OF
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING
OF ASSESSOR'S PARCEL NO. 675-081-15 FROM PC (PLANNED
COMMUNITY) TO PD (PLANNED DEVELOPMENT) DISTRICT
(BRINDERSON/WILLIAM LYON COMPANY)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. APPROVING ASSESSMENT DISTRICT 78-3 AGREEMENT WITH BANK OF
AMERICA FOR PRIVATE FUNDING OF ASSESSMENTS (TRACT 11765 -
(38) Written Communications:
(85) Report dated August 7, 1984, from the Director of Public
Works, forwarding an agreement with the Bank of America to
partially fund the assessment payments within Tract 11765
-11- 8/7/84
250
for the Ortega Properties Assessment District (AD 78-3).
The purpose of the agreement is to establish an escrow
whereby the assessments for the properties in Tract 11765
are reduced to $200 per year.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to approve the letter
agreement with Bank of America dated July 26, 1984, "holding
Escrow #1020-5485; Fredricks Development Corporation,
Assessment District No. 78-3 (Ortega Properties)." The
Mayor and City Clerk were authorized to execute the
agreement on behalf of the City.
2. CONFIRMING 1984-85 ASSESSMENT CHARGES - ASSESSMENT DISTRICT
78-3 (ORTEGA PROPERTIES)
(74) Written Communications:
Report dated August 7, 1984, from the Director of
Administrative Services, advising that the County Tax
Assessor must be notified annually of payments for 1915 Act
Bonds. The report advises that the Ortega Properties
Assessment District 78-3 was financed through 1915 Act
Bonds and forwards a resolution confirming assessment
charges.
Confirmation of Charges:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION NO. 84-8-7-4, CONFIRMING 1984-85 ASSESSMENT
CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONFIRMING 1984-85
ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA
PROPERTIES
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution advises that the County collects the annual
payment of assessments and, commencing in Fiscal Year
1983-84, will deduct a collection charge of 48. The City
Clerk was directed to forward a copy of the Resolution to
the Orange County Auditor for inclusion on the 1984-85
Secured Tax Roll.
-12- 8/7/84
251
3. RENEWAL OF AGREEMENT (HEAD START) (38-#261)
(38) Written Communications:
Report dated August 7, 1984, from the Director of
Administrative Services, forwarding a request from the
Executive Director of Orange County Head Start, Inc., to
renew the lease for use of City property for a three-year
period and to make improvements to areas surrounding the
Head Start facility. The proposed agreement will require a
one -dollar per year payment, payment of utility costs,
$1,000,000 liability coverage, $1,000 per year payment for
use of the fenced portion of Descanso Park (if funding is
not approved), and a 90 -day option to terminate.
Councilman Bland requested and received clarification
regarding Head Start funding. General operational funding
is not in jeopardy; capital project funding is pending.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to approve renewal of the
lease agreement with Orange County Head Start for the period
ending August 15, 1987. The Mayor and City Clerk were
authorized to execute the agreement on behalf of the City.
4. CITY INSURANCE COVERAGE - LIABILITY INSURANCE
(38) Written Communications:
(49) Report dated August 7, 1984, from the
Administrative Services, advising that
of each fiscal year, the Department o
Services solicits public liability an
insurance proposals through the City's
Gorman. This year's solicitations are
Director of
prior to August 1st
f Administrative
d property damage
broker of record, Dan
based on the same
coverage as in the past and consist of a combined single
limit coverage of $1,000,000.00, excess umbrella coverage of
$9,000,000.00, and property insurance coverage on City
facilities and contents. For the last six years, the city
has maintained public liability coverage through a
$50,000.00 self-insured retention program with a maximum
stop loss of $150,000.00 per policy year.
The report advised that the quotations are considerably
higher for the same coverage, the only change being in the
area of claims administration; any policy written by the
Hartford Insurance Group with self-insured retention under
$100,000.00 requires that claims administration be handled
by the Hartford Specialty Group.
Approval of Liability Coverage:
It was moved by Councilman Bland, seconded by Councilman
Friess, and unanimously carried to direct staff to renew the
-13- 8/7/84
252
insurance policies with the Hartford Insurance Group with
the same program coverage as last year and the change in
claims administration.
5.
- LA HISTORIA DE
(34) Written Communications:
(38) Report dated August 7, 1984, from the Senior Administrative
Assistant, advising that the current agreement with Jeff
Vasquez of Concept Communications contained a deadline of
July 31, 1984, for completion of the film, "La Historia de
Capistrano." Mr. Vasquez has requested an extension of time
to September 30, 1984.
When questioned, Mr. Vasquez indicated he would have the
film completed by September 30, 1984.
Approval of the Extension of Time:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to approve an extension of
time for the Agreement - La Historia de Capistrano
(Vasquez/Concept Communications) to September 30, 1984.
RECESS AND RECONVENE
Council recessed at 8:03 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:05 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REPORT OF DECISION - CAPISTRANO TERRACE MOBILEHOME PARK
(23) Written Communications:
Report dated August 7, 1984, from the Mobile Home Park
Review Committee Secretary, forwarding the Committee's
Report of Decision for City Council consideration.
Receipt of Report of Decision and Continuance:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried to receive the Report of
Decision of the Mobile Home Park Review Committee and _
continue Council review of the Decision until the first
meeting in September at which time the receipt of additional
testimony, evidence, and analysis may be deemed appropriate
in accordance with Section 2-2.905(e) of the Municipal Code.
2. APPOINTMENT OF CITY ATTORNEY (JOHN R. SHAW)
(30) Written Communications:
Report dated August 7, 1984, from the City Manager, advising
that at its Regular Meeting of July 17, 1984, in closed
-14- 8/7/84
253
session and in accordance with the Ralph M. Brown Act, the
City Council took action to appoint Mr. John R. Shaw to the
position of City Attorney, effective August 20, 1984.
Ratification of Appointment/Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, and unanimously carried that the following actions be
taken:
(1) Ratify the appointment of John R. Shaw as City
Attorney, effective August 20, 1984.
(2) Adopt the class specification for the position of City
Attorney.
(3) Authorize the City Manager to establish an automobile
allowance for the position of City Attorney, not to
exceed $250 per month.
(4) Authorize the City Manager to prepare an agreement
rendering housing assistance and to pay all of the
appropriate moving and relocation expenses for Mr.
Shaw.
CITY CLERK
1. LEGAL ADVERTISING REQUIREMENTS (CAPISTRANO VALLEY NEWS)
(20) Written Communications:
Report dated August 7, 1984, from the City Clerk, advising
that on June 5, 1984, the Capistrano Valley News was
adjudicated as a newspaper of general circulation in the
City of San Juan Capistrano.
The effect of the ajudication on the City of San Juan
Capistrano has the following components:
(1) Legal Advertising
All Public Hearing Notices, Notices Inviting Bids,
Financial Statements, etc., are to be published in the
Capistrano Valley News.
(2) Publication of Ordinances
All adopted ordinances are to be published, resulting in
additional direct cost to the City.
(3) Scheduling of Public Hearings/Appeals
Due to the fact that the News publishes only once per
week rather than daily, it will be necessary to
schedule such hearings four weeks after setting, rather
than two weeks after.
-15- 8/7/84
254
Transfer of Funds:
It was moved by Councilman Bland, seconded by Councilman
Friess, and unanimously carried to approve a budget transfer
from the General Fund Reserves to the City Clerk's Budget
Account No. 215, legal advertising, in the amount of $2500.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. ADOPTION OF PUBLIC ART PROGRAM POLICY
(69) Written Communications:
Report dated August 7, 1984, from the Director of Community
Planning and Development, forwarding a proposed Public Art
Programs Policy Statement. The program would institute a
requirement for the creation of original artwork (i.e.,
sculpture, mosaics, murals, etc.) as a condition of approval
for nonresidential development projects.
The Cultural Arts and Heritage Commission recommended
adoption; the Planning Commission had cited concerns with
the issue of subjective judgment of artwork, possible use of
artwork as attention -getting devices, possible conflicts
between the program and San Juan's rural character, and
additional staff work burdens.
Larry Lawrence, Senior Planner, made an oral report and
suggested the policy be implemented on a trial basis.
Council reiterated Planning Commission comments and
expressed concerns with types of art works, the requirement
for an expenditure equal to 18 of the total construction
value of buildings, additional regulations, final
decision-making, and the need for more specific guidelines.
Bob Davies, Chairman of the Planning Commission, supported
implementation of the Program.
Approval of Public Art Program Policy in concept
It was moved by Councilman Friess, seconded by Councilman
Schwartze, and unanimously carried to approve the Public Art
Program Policy in concept for a trial period. Staff is to
report back with specific guidelines, definitions, and
refinement for Council review.
2. RENEWAL OF CONTRACT - BANK OF AMERICA: PROPERTY
REHABILITATION LOAN PROGRAM FOR LOS RIOS (38 #438)
(38) Agreement Renewal Deferred:
(89) At staff request, action on this item was deferred to a
later date by Council consensus.
-16- 8/7/84
255,
3. CREATION OF THE SAN JUAN CAPISTRANO COMMUNITY HOUSING
CORPORATION
(23) Written Communications:
(46) Report dated August 7, 1984, from the Director of Community
(61) Planning and Development, indicating that the Housing
Element of the General Plan recommends that a nonprofit
housing corporation be formed and forwarding a copy of the
Articles of Incorporation of the City of San Juan Capistrano
Community Housing Corporation. A community housing
corporation is a private, non-profit entity to assist the
City in implementing and administering policies and programs
of the Housing Element of the General Plan. The corporation
would administer any housing rehabilitation loan programs
and rent subsidy programs, as well as acquiring and
improving land and housing units.
The report further stated that the General Articles of
Incorporation and Bylaws were prepared and filed with the
Secretary of State on August 3, 1984. The members of the
City Council will initially serve as the Board of Directors.
Annroval of Creation of the San Juan Capistrano Community
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to approve the creation of
the San Juan Capistrano Community Housing Corporation.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
REPORT OF ACTIONS
(67) The Report of Actions taken by the Planning Commission at
their meeting of July 24, 1984, was ordered received and
filed.
COUNCIL ACTIONS
APPOINTMENT OF MEMBERS TO THE LOS RIOS REVIEW COMMITTEE
(23) Report dated August 7, 1984, from the Senior Administrative
Assistant, forwarding applications for the vacancies on the
Los Rios Review Committee and indicating that for a period
of time there have been two vacancies on the Committee.
Appointment consideration has been held in abeyance due to
the lack of eligible applicants.
Appointment of Committee Members:
It was moved by Councilman Bland, seconded by Councilman
Schwartze, and unanimously carried to appoint Tony Alarcon
and Marguerite Kennedy to the Los Rios Review Committee.
-17- 8/7/84
256
2. ACCEPTANCE OF RESIGNATION - PLANNING COMMISSION MEMBER
DEIRDRA TYLER
(67) Written Communications:
Report dated August 7, 1984, from the Senior Administrative
Assistant, advising that Planning Commission Member Deirdra
Tyler has submitted her resignation effective August 7,
1984.
Acceptance of Resign on
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried to accept Mrs. Tyler's
resignation from the Planning Commission; to declare the
office vacant; and, to direct that appropriate public
notices be prepared and posted.
Appointment of Ad Hoc Committee:
Mayor Hausdorfer appointed Councilman Bland and Councilman
Friess to serve as a committee to review applications and
make a recommendation to Council regarding filling the
vacancy on the Planning Commission.
Councilman Bland indicated he was particularly thankful for
the many hours of service donated by Mrs. Tyler. She was
always astute in her decisions and made many contributions
to the direction the City has taken.
COUNCIL REMARKS
1. PEPPERTREE BEND AREA
(25) Councilman Bland cited a letter from Mrs. Natalie Mitchell
regarding grading and fill exportation in the Peppertree
Bend Area and use of Calle Ricardo; a memorandum from Mr.
Cochran, Building and Grading Supervisor, was noted. Staff
will review the matter.
2. PEPPERREE BEND ROAD
(83) Councilman Bland noted the poor condition of the pavement on
Peppertree Bend Road and was advised that it is being
reviewed by the Department of Public Works.
3. STREET LIGHTS, DEL OBISPO STREET/CAMINO DEL AVION
(53) Councilman Bland noted a call regarding a light outage at
the intersection and received clarification of staff
procedures.
4. COMMISSION/BOARD APPOINTMENTS
(23) Councilman Bland offered his congratulations to all new
appointees to the City's Commissions, Boards and Committees.
-18- 8/7/84
257-
5. PROPOSITION 36, JARVIS TAX INITIATIVE
(51) Mayor Hausdorfer noted the negative impact to the City if
(86) Proposition 36 should pass at the November election. It was
moved by Councilman Schwartze, seconded by Councilman Bland,
and unanimously carried to recommend adoption of a
Resolution and issuance of a press release in opposition to
Proposition 36 at the Council meeting of August 21, 1984.
CLOSED SESSION
Council recessed to a Closed Session at 8:42 p.m., for discussion
of personnel and legal matters, the City Clerk being excused
therefrom, and reconvened at 9:47 p.m.
COUNCIL ACTION
1. BEAR BRAND RIDGELINE DEVELOPMENT - AUTHORIZATION
TO FILE APPEAL
(85) It was moved by Councilman Friess, seconded by Councilman
(35) Bland, and unanimously carried to authorize the City Manager
to file an Appeal regarding the County's decision with
proposed Bear Brand Ranch ridgeline development and to
request that the Community Profile be considered with regard
to the zoning issue.
There being no further business before the Council, the meeting
was adjourned at 9:48 p.m., to the next regular meeting date of
August 21, 1984, at 7:00 p.m., in the City Council Chamber.
ATTEST:
Y . HAUSDORFER, IYIYOR
Respectfully submitted,
rNOVER,- CITY CLERK
-19- 8/7/84