84-0821_CC_Minutes_Regular Meeting259--`1
AUGUST 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 Hausdorfer
at 7:07 p.m., in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Mayor Gary
Hausdorfer.
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
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann
Hanover, City Clerk; John R. Shaw, City Attorney; Robert G.
Boone, Director of Administrative Services; William D. Murphy,
Director of Public Works; Thomas G. Merrell, Director of
Community Planning and Development; Cheryl Johnson, Recording
Secretary.
WELCOME OF NEW CITY ATTORNEY
(30) Mayor Hausdorfer welcomed the new City Attorney, John R.
Shaw, noting that Mr. Shaw had previously been employed by
the City of Pittsburg, California, and had acquired
experience with many issues similar to those being dealt
with by San Juan Capistrano.
MINUTES
Regular Meeting of Aopugust 7, 1984:
Council received cies of a memorandum dated August 16, 1984,
from the City Clerk, advising that the Minutes of the Regular
Meeting of August 7, 1984, would be presented for consideration
at the meeting of September 4, 1984.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
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PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION OF COMMENDATION - PLANNING COMMISSIONER DEE TYLER
(36) Written Communications:
(67) Report dated August 21, 1984, from the Senior Administrative
Assistant, forwarding a Resolution commending Dee Tyler for
her service to the City as a Member of the Planning
Commission since April, 1978. Her resignation was accepted
by Council on August 7, 1984.
Adoption of Resolution:
Mayor Hausdorfer read the Resolution in full and it was
moved by Councilman Bland, seconded by Councilman Friess,
that the following Resolution be adopted:
RESOLUTION NO. 84-8-21-11 COMMENDING DEIRDRA H. TYLER -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING PLANNING
COMMISSIONER DEIRDRA H. TYLER
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
Mayor Hausdorfer presented the commendation to Mrs. Tyler
and expressed the Council's appreciation for her efforts on
behalf of the City.
2. EMPLOYEE PERFORMANCE AWARDS - 1983-84
(66) Written Communications:
Report dated August 21, 1984, from the City Manager,
advising that the following classified employees were
selected to receive the Performance Pay Award for
outstanding performance during the 1983-84 year:
George Arreola - Maintenance Worker, Public Works
Department;
Jack Galaviz - Lead Maintenance Worker, Public Works _
Department; and,
Shari Fortmeuller -Recreation Supervisor, Department
of Community Services
Presentation of Award:
The three employees joined Mayor Hausdorfer on the podium
and received checks in the amount of $1,000 in recognition
of their outstanding efforts.
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ORAL COMMUNICATIONS
1. NOISE COMPLAINT - AIR CONDITIONING
(72) Hans Prufer, 31241 Paseo Olivos, requested assistance in
resolving a noise problem created by his neighbor's
newly -installed roof -mounted air conditioning unit. Council
was advised that the installation had not been approved by
either the Homeowners' Association or the City; that the
Building and Safety Division was working on resolution of
the matter. Mr. Prufer was advised to continue working with
City staff and the President of the Homeowners' Association.
CONSENT CALENDAR
It was moved by Councilman Bland, 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. CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of July 31,
1984, in the total amount of $7,415,000.00, was approved as
submitted.
2. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of July 31, 1984, in the total amount of $79.22, was
approved as submitted.
3. REPORT OF EQUESTRIAN COMMISSION ACTIONS
(23) The Report dated August 21, 1984, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of August 13, 1984, was ordered received and filed.
4. NOTICE OF COMPLETION, 1984 WEED ABATEMENT PROGRAM
(COMMERCIAL LOT CLEANING) (38-#48)
(38) As set forth in the report dated August 21, 1984, from the
(74) Director of Public Works, the initial 1984 Weed Abatement
Program has been completed.
Acceptance of Work:
The following Resolution was adopted:
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262
RESOLUTION NO. 84-8-21-2, COMPLETION OF WEED ABATEMENT
IN THE CITY OF SAN JUAN CAPISTRANO - 1984 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO THE ABATEMENT OF WEEDS AND OTHER NOXIOUS AND
PUBLIC NUISANCES IN THE CITY OF SAN JUAN CAPISTRANO
The Resolution accepted the project as completed in the _
amount of $39,318.22, and directed the City Clerk to forward
a Notice of Completion to the County Recorder.
Payment status was as follows:
Total Cost to Date $39,318.22
Less 10% Retention 3,931.82
Amount Due 35,386.40
Staff was authorized to make payment as indicated and to
release the 108 retention 35 days after recordation of the
Notice of Completion.
5. CLAIM FOR DAMAGES (MILLER
(35) The Claim in the amount of $1,000,000.00, filed on July 31,
1984, by Attorney Don E. Somerville, on behalf of Dawn Marie
Miller, for injuries allegedly sustained on May 24, 1984, on
the dirt road extension of Sacarama Lane, was denied and
referred to the City's Claims Adjuster, Carl Warren
Insurance, as set forth in the report dated August 21, 1984,
from the City Clerk.
APPROVAL OF WARRANTS
(41) This item was removed from the Consent Calendar by
Councilman Schwartze to question the spelling of a name.
With direction to correct the spelling, it was moved by
Councilman Schwartze, seconded by Councilman Buchheim, and
unanimously carried to approve the List of Demands dated
August 21, 1984, Warrant Register No. 85-022, in the total
amount of $260,029.93.
PUBLIC HEARINGS
1. 1984 WEED ABATEMENT CHARGES
(74) This item was continued from the meeting of August 7, 1984. _
Proposal:
Hearing held in accordance with provisions of Ordinance No.
348, Weed and Hazard Abatement.
Applicant:
This was a City -initiated Hearing.
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263%4
Written Communications:
Report dated August 21, 1984, from the Director of Public
Works, advising that the charges were compiled for work
performed during the initial weed abatement period; a second
abatement can be authorized, if necessary. The charges will
be assessed to individual property owners through the
County tax rolls.
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.
Adoption of Report/Assessment of Charges:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, that the following Resolution be adopted:
- 1984
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THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR 1984 - WEED ABATEMENT IN THE CITY OF
SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution determined the charges for abatement to be
acceptable and directed that a copy of the "Weed Abatement -
1984" Report be forwarded to the Office of the County
Auditor Controller for placement on the County tax rolls.
RESOLUTIONS
1. MINORITY BUSINESS ENTERPRISE PROGRAM - CAMINO CAPISTRANO
BRIDGE (-38-#582)
(74) Written Communications:
(38) Report dated August 21, 1984, from the Director of Public
Works, advising that in accordance with requirements of the
Federal Highway Administration for cities receiving over
$100,000 in Federal funds for construction, a Minority
Business Program was drafted and has been approved by
Caltrans. The Program is mandatory for eligibility for
Federal Aid Urban, Hazard Elimination Safety, and Pavement
Marking Demonstration Program funding; the City wishes to
use Federal Aid Urban funding in the amount of $2,213,000
for the Camino Capistrano Bridge project.
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Approval of Minority Business Enterprise Program:
It was moved by Councilman Buchheim, seconded by Councilman
Bland that the following Resolution be adopted:
RESOLUTION NO. 84-8-21-4. MINORITY BUSINESS ENTERPRISE
PROGRAM (CAMINO CAPISTRANO BRIDGE) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A MINORITY BUSINESS ENTERPRISE
PROGRAM FOR THE CITY OF SAN JUAN CAPISTRANO (CAMINO
CAPISTRANO BRIDGE)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Mayor and City Clerk were authorized to execute the
Program Document; the City Clerk was directed to publish a
Public Notice of adoption of the Minority Business
Enterprise Program. Upon completion of the publication, an
executed copy of the Program and Proof of Publication will
be submitted to Caltrans.
2. OPPOSING PROPOSITION 36 (JARVIS TAX INITIATIVE)
(51) This item was rescheduled for the meeting of September 4,
(86) 1984.
BIDS, CONTRACTS, AGREEMENTS
1. COOK
DEL
(23) Applicant:
(38) Villa Del Obispo, Ltd., c/o California Retirement Hotel,
(68) 245 Fischer Avenue, Suite D-1, Costa Mesa, 92626.
Property Owners:
Robert Cook 711 Temple Street, San Diego, 92106; and, Mary
Cook Elliott, 11730 East Whittier Boulevard, Space 29,
Whittier, 90601.
Written Communications:
Report dated August 21, 1984, from the Director of Community
Planning and Development, forwarding a three -party agreement
to insure that certain conditions of approval of
Architectural Control 83-6, California Retirement Villa, are
met. The conditions required preparation of a program for
the relocation, preservation, and maintenance of the "Cook
Barn;" dedication to the City of an approximate 0.78 -acre
Open Space easement adjacent to the relocated barn; and,
that the Developer and Owners enter into a parking agreement
with Ocean Hills Community Church for shared use of 10
parking stalls.
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Approval of Agreement:
It was moved by Councilman Bland,
Buchheim, and unanimously carried
"Participation Agreement" between
Elliott, Robert R. Cook, and Villa
California Retirement Villas, Inc.
and City Clerk were authorized to
behalf of the City.
265
seconded by Councilman
to approve the
the City, Mary Cook
Del Obispo (Owners), and
(Developer). The Mayor
execute the agreement on
2. AWARD OF CONTRACT - VALLE ROAD SEW.
(C80)
(80) Written Communications:
Report dated August 21, 1984, from
Works, forwarding results of bids
construction of a new gravity line
an existing manhole located south
Dealership, to a location opposite
Mobilehome Park. Funds in the amo
R. PHASE
the Director of Public
received for the
sewer in Valle Road from
of the Bill Yates Auto
the Capistrano Terrace
unt of $118,900 are
budgeted in the 1984-85 Sewer Enterprise Fund, Account
07-4770-718.
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried to award the contract for
the Valle Road Sewer, Phase II, to Cappello Construction, of
San Juan Capistrano, in the amount of $68,800; to reject
all other bids; and, to authorize the Mayor and City Clerk
to execute the documents on behalf of the City.
RECESS AND RECONVENE
Council recessed at 7:30 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:33 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. ECONOMIC DEVELOPMENT PROPOSAL (38-#579)
(34) Written Communications:
(38) Report dated August 21, 1984, from the City Manager,
(85) requesting concurrence with staff's selection of a consultant
to assist in the development of a comprehensive economic
development plan. The purpose of the plan would be to
enable the City to "market" the community to specific
commercial and industrial firms whose development would be
consistent with, and in furtherance of, the City's General
Plan. The report advised that the study would be contracted
for on an hourly basis; sufficient funds were included in
the Specialized Services account, Department of Community
Planning and Development.
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266
Selection of Consultant:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to concur with the
selection of Wedin Enterprises, Inc., of La Habra, to assist
City Staff in identifying the program elements of a
comprehensive economic development plan. Staff was directed
to prepare a report for Council consideration identifying
the elements within 30 days.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
SSION DECISION - SPECIFIC
(68) This item was rescheduled to the meeting of September 4,
1984, at the request of the applicant.
2. APPROVAL OF REVISED CONDITION NO. 14, TRACT 11753 (HUNT
CLUB
(85) Written Communications:
Report dated August 21, 1984, from the Director of Community
Planning and Development, forwarding background information
and a Planning Commission recommendation to modify the
condition as set forth in Resolution No. 84-5-15-2, to
include a restriction prohibiting future subdivision of Lots
1-37; and, requiring the Developer to execute an
acknowledgement agreement with the future buyer of Lot 38
that states that any further subdivision of Lot 38 will
require a zone change and other discretionary City
approvals. The agreement is to further include a statement
that the City would be under no obligation to approve a
further subdivision of Lot 38.
(2) Supplemental Resolution containing the modified
condition and rescinding Resolution No. 84-5-15-2.
Mayor Hausdorfer suggested that it would be prudent to
pursue Commissioner Davies' concern that some additional
language be contained in the condition so that the owners of
Lots 1-37 would be aware that Lot 38 could be further
subdivided.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 84-8-21-5, TENTATIVE TRACT MAP 11753
(HUNT CLUB) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11753 AND RESCINDING RESOLUTION NO.
84-5-15-2 (HUNT CLUB)
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267
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
3. SUPPLEMENT TO ENVIRONMENTAL IMPACT REPORT, CHIQUITA CANYON
SEWER PLANT SITE (SANTA MARGARITA WATER DISTRICT)
(79) Written Communications:
Report dated August 21, 1984, from the Director of Community
Planning and Development, advising that a Supplemental EIR
to study two additional sewage treatment facility sites
located in Chiquita Canyon had been reviewed and forwarding
a letter for the Mayor's signature identifying specific
areas of concern. The concerns include construction impacts
on Ortega Highway; access off Ortega Highway; utilization of
state-of-the-art process to minimize air quality impacts;
further environmental study of trunk sewers to serve the
Moulton -Niguel Water District and Talega Valley; and, trunk
sewer and land outfall lines.
Mayor Hausdorfer noted that this would be the City's formal
response to the Supplemental EIR; that although the City
supported the Chiquita Canyon sites, it wished all previous
comments to be retained as part of the record. He advised
that a final decision by the Santa Margarita Water District
Board of Directors was scheduled for September 17, 1984.
Approval of Letter:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to approve the letter to
the Santa Margarita Water District supporting the sites and
stating minor environmental concerns and to authorize the
City Manager to finalize the response.
4. APPROVAL OF CONTRACT RENEWAL - BANK OF AMERICA
(38) Written Communications:
(89) Report dated August 21, 1984, from the Director of Community
Planning and Development, recommending that the Housing
Rehabilitation Loan Program Agreement with the Bank of
America be renewed for a one-year period. The City has
maintained the Program with the Bank of America for the Los
Rios Area for one year using County -administered Housing and
Community Development Block Grant Funds. The City will
absorb all administrative costs; all other costs will be
charged to the Redevelopment Agency.
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268 Approval of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to approve the renewal of
the Property Rehabilitation Loan Agreement with the Bank of
America for one year, ending August 1, 1985. The Mayor and
City Clerk were authorized to execute the document on behalf
of the City.
DIRECTOR OF PUBLIC WORKS
1. CITY-WIDE SPEED LIMIT ANALYSIS STUDY
(87) Written Communications:
Report dated August 21, 1984, from the Director of Public
Works, advising that in compliance with legal requirements
to review and update posted speed limits, a 10 -month study
had been conducted, resulting in recommendations for
revisions to existing speed zones and establishment of speed
zones not previously set.
Exhibits were on display and Dana Kasdan, Associate Civil
Engineer, made an oral report, reviewing the recommended
speed limits as cited in the staff report and explaining the
procedures used to arrive at those limits. He noted that in
order to have radar enforcement, speed limits must be
updated every five years and established on the basis of an
engineering and traffic survey, which reviewed prevailing
speeds, accident records, and roadside conditions. The Auto
Club, Orange County Sheriff's Department, Del Obispo
School Safety Committee, and the Traffic Commissioner for
the South County Court have all been consulted during the
course of the study; extensive review had been conducted by
the Traffic Commission and the Sheriff's Department.
Council Discussion
Councilman Bland expressed concerns regarding the apparent
raising of speed limits every five years based on the
number of people exceeding the currently posted limits.
Citing safety concerns, roadway conditions and surroundings,
he recommended that Del Obispo, particularly the portion
from Camino Del Avion northward to Alipaz Street, and Camino
Capistrano from La Zanja to Oso Street, remain as currently
posted. Mayor Hausdorfer concurred and noted the
differences between the speed limits posted for the City and
County portions of Rancho Viejo Road, suggesting that Rancho
Viejo Road be included in Councilman Bland's recommendation.
Councilman Schwartze noted the recommended increase on
Village Road and suggested the Village San Juan Homeowners
Associations be made aware of the proposal. Councilman
Friess cited concerns with recommended speeds for Calle
Arroyo; San Juan Creek Road, particularly in front of Ambuehl
School; and, La Novia, particularly at St. Margaret's
School. Council concurred in their hesitancy to give the
perception that the City would condone increased driving
speeds.
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269
Further Consideration of Study - September 4, 1984:
With the concurrence of Council, Mayor Hausdorfer directed
that staff discuss Council's concerns with the consultant,
the City Attorney, and the Sheriff's Department; that the
Sheriff's Department be requested to provide more
quantitative information, particularly noting any
enforcement problems encountered due to current speed
limits; and, that the matter be returned for additional
consideration at the meeting of September 4, 1984. Staff
was commended for the quality of the report presented to
Council.
DIRECTOR OF COMMUNITY SERVICES
1. QUARTERLY ACTIVITIES REPORT, SPRING 1984
(62) Written Communications:
Report dated August 21, 1984, from the Director of Community
Services, forwarding the Community Services Activities
Report for Spring, 1984.
With the concurrence of Council, Mayor Hausdorfer ordered
the report received and filed.
COUNCIL REMARKS
MOBILE HOME AD HOC COMMITTEE REPORT
(23) Councilman Friess cited his report to Council summarizing
recommendations made by the Mobile Home Ad Hoc Committee for
amendments to the City's Ordinance regarding issues before
the Mobile Home Park Review Committee which require
clarification. He requested Council review the report for
input prior to the September 4, 1984, Committee meeting,
where the item will be reviewed at a Public Hearing. There
was concurrence with Councilman Schwartze's suggestion that
as members of the Ad Hoc Committee, he and Councilman Friess
attend the Public Hearing to present the report to the
Mobile Home Park Review Committee.
2. STATE HIGHWAY PROJECTS
(44) Councilman Bland noted State projects on Ortega Highway
which will reconstruct several bridges in 1984-85, and widen
the highway from Avenida Siega easterly in 1986-87.
3. STORER CABLE TELEVISION
(43) Councilman Bland cited poor picture quality and difficulties
encountered by Storer with placement of a microwave tower on
Glendale Federal property. The City Manager advised that
the Settlement Agreement was being reviewed by Glendale
Federal with regard to the restriction of commercial
enterprises within the Open Space area, cited pending
acquisition of Storer Facilities by Times Mirror, and noted
legal problems. He stated the matter should be resolved
within a month.
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2'70
4.
LEAGUE OF CALIFORNIA CITIES
(61) Councilman Schwartze noted the upcoming League of California
Cities Conference in Anaheim from September 23, 1984,
through September 26, 1984; he further noted the League's
unanimous opposition to Proposition 36.
5. LIBRARY
(52) Councilman Schwartze noted that Orange County Legislators
involved in the library system, would visit the San Juan
Capistrano Library during a reception held in their honor.
He advised that the State Library Board of Directors had
held their annual meeting at the San Juan Capistrano
Library.
6. SISTER CITIES
(34) Councilman Schwartze noted receipt of a program detailing
the upcoming visit from residents of San Juan Capistrano's
Sister City, Petra, on November 12, 1984.
7. EXPORTATION OF EARTH (ROMER)
(25) Councilman Buchheim noted a request from Mr. Romer for
exportation of earth from the project on Ortega Highway at
Rancho Viejo Road. He was advised that the request was
being reviewed by the Environmental Review Board.
8. COMPLAINT - CASAS DE CAPISTRANO
(72) Councilman Buchheim noted that inspections had been made of
(45) the Casas de Capistrano development in response to a letter
complaining about the quantity of trash in the area,
particularly in the carports. There was a concensus that
the letter be forwarded to the Homeowners Association for
their information.
9. LEGISLATION
(51) Mayor Hausdorfer noted that HR 4103, regarding cable
(43) television, was pending in Congress. A letter to
Legislators in support of the bill will be prepared.
10. I-5 FREEWAY/ORTEGA RAMPS
(44) Mayor Hausdorfer noted the State's intent to install ramp
meters in 1984-85; and, install a signal interconnect and
widen the southbound off -ramp in 1986-87.
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 9:40 p.m.
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2'71
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:40 p.m., to the next regular meeting date of
Tuesday, September 4, 1984, at 7:00 p.m., in the City Council
Chamber.
ATTEST:
4('6��La6e�
Y L HAUSDORFER, MAYOR
Respectfully submitted,
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