84-1002_CC_Minutes_Regular MeetingOCTOBER 2, 1984 07
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 7:05 p.m., in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Mayor Gary
Hausdorfer.
DEDICATION OF MEETING TO MEMORY OF EARL E. CHERRIER
(36) Mayor Hausdorfer dedicated the meeting to the memory of Earl
E. Cherrier, who passed away on Saturday, September 29,
1984. Earl was a Senior Building and Grading Inspector in
the Building and Safety Division.
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; 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.
MINUTES
Regular Meeting of September 18, 1984:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that the Minutes of the Regular Meeting of September 18,
1984, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Friess, seconded by Councilman
Buchheim, 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. PROCLAMATION - FIRE PREVENTION WEEK
OCTOBER 7 - 13. 1984
(42) Written Communications:
(71) Report dated October 2, 1984, from the City Clerk, advising
that Fire Prevention Week was designated to focus attention
on the varied and technical services offered by fire
departments nation-wide. San Juan Capistrano Fire Station
No. 7 has scheduled an Open House on Saturday, October 13,
from 9:00 to 4:30 to acquaint the public with the
firefighters and the professional services they offer.
Fire Prevention Week:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to proclaim the week of
October 7 through October 13, 1984, as Fire Prevention Week
in the City of San Juan Capistrano.
2. PROCLAMATION - UNITED WAY MONTH
OCTOBER, 1984
(71) Written Communications:
Report dated October 2, 1984, from the City Clerk,
forwarding a request from the United Way of Orange County to
proclaim October, 1984, as United Way Month.
United Way Month:
Mayor Hausdorfer read the Proclamation in full, and it was
moved by Councilman Buchheim, seconded by Councilman Bland,
and unanimously carried to proclaim the month of October,
1984, as United Way Month in the City of San Juan
Capistrano.
Rita Nieblas, Chairman of the Board, and Jerry Ragsdale,
Member of the Board of Directors, were present to receive
the Proclamation.
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
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309
1. APPROVAL OF WARRANTS
(41) The List of Demands dated October 2, 1984, Warrant Register
No. 85-041, in the total amount of $854,340.47, was approved
as submitted.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Report of Fund Cash Balances as of
August 31, 1984, was approved as submitted.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS
(62) The Report dated October 2, 1984, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of September 17, 1984, was ordered received and
filed.
4. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS -
(75) As set forth in the report dated October 2, 1984, from the
Director of Public Works, the specifications for a new
asphalt roller for the Public Works Maintenance Division
were approved and a call for bids authorized. The estimated
cost of the new unit was $35,000; the purchase will be
charged to the Public Works Maintenance Capital Equipment
Account No. 01-4440-330. The old unit will be declared
surplus property and sold at public auction.
5. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - PATCH UNIT
(75) As set forth in the report dated October 2, 1984, from the
Director of Public Works, the specifications for a new patch
unit for the Public Works Maintenance Division were approved
and a call for bids authorized. The estimated cost of the
new unit was $40,000 and was included in the 1984-85 Budget.
The old unit will be declared surplus property and sold at
public auction.
6. RESOLUTION OF FINDINGS, TRACT 11094 (SECURITY F
(85) As set forth in the report dated October 2, 1984, from the
City Attorney, the following Resolution was adopted:
RESOLUTION NO. 84-10-2-1, DENYING APPEAL OF SEC
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CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING APPEAL
OF SECURITY FEDERAL SAVINGS REGARDING REQUEST FOR
CERTIFICATE OF OCCUPANCY
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OThe Resolution upheld the findings made at the September 18,
1984, meeting to withhold issuance of occupancy permits to
Security Federal Savings for seven homes located in Tract
11094.
7. BUDGET AMENDMENT (LIBRARY REIMBURSABLES)
(24) In response to documentation received from Michael Graves'
(52) office regarding billing for a number of items meeting
requirements of the Library Contract for reimbursables, a
budget amendment was authorized to transfer $5,429.52 from
the General Fund to the Capital Projects fund for payment of
the bill, as set forth in the report dated October 2, 1984,
from the Senior Administrative Assistant.
PUBLIC HEARINGS
1. AMENDMENTS TO NON-EXCLUSIVE FRANCHISE AGREEMENT (TIMES
MIRROR CABLE TELEVISION)
(43) This Public Hearing was continued from the meeting of
August 7, 1984.
Written Communications:
Report dated October 2, 1984, from the Director of
Administrative Services, advising that negotiations with
Times Mirror have continued regarding provisions of the
franchise agreement; that a mutually beneficial compromise
should be reached prior to the trail date of November 5,
1984. The report recommended a continuance of the Hearing.
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.
Continuance of Hearing:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to continue the Public
Hearing to the meeting of November 20, 1984.
Mayor Hausdorfer advised that the matter will be discussed in
Closed Session.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 519 -
AATATV+ AMYnATl
(95) Written Communications:
(21) Report dated October 2, 1984, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
September 18, 1984, and was scheduled for adoption.
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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
Schwartze, seconded by Councilman Buchheim, that the
following Ordinance be adopted:
ORDINANCE NO. 519, REZONE 84-5 (WISH-CAMERO PREZONING)
- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP BY
PREZONING ASSESSOR'S PARCELS NOS. 121-090-09,
121-090-12, AND 121-090-20 AS EL(4) (WISH-CAMERO)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
2. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - CITY-WIDE SPEE
LIMIT ANALYSIS STUDY
(87) Written Communications:
(55) Report dated October 2, 1984, from the City Council Ad Hoc
Committee, forwarding speed limit recommendations for
various streets, in response to concerns expressed at the
Council meeting of September 4. The report forwarded an
ordinance amending Title 4 of the Municipal Code to set the
various speed zones and to cite specific findings relative
to the character of the streets. The cost to post the
appropriate signs was estimated at $2,500; funds were
budgeted in the Public Works Maintenance Account No.
01-4440-460-266.
Councilman Bland made an oral report on behalf of the
Committee, noting that the Committee recommended retention
of existing speed limits on all but one of the streets
designated for further review. Councilman Buchheim noted
the Committee had concluded that the findings in support of
the recommendations were justified..
Introduction of Ordinance/Speed Limits:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Schwartze, that the
following Ordinance be introduced:
ORDINANCE NO. 520. AMENDMENT TO TITLE 4 OF THE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS BY
AMENDING SECTION 4-6.501, ARTICLE 5, TITLE 4 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE
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3 12 The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
RESOLUTIONS
1. DECLARATION OF DEFAULT (LANDSCAPE WEST AGREEMENTS WITH CITY)
(38-#415, 416, 460)
(38) Written Communications:
(74) Report dated October 2, 1984, from the Director of Public
Works, noting that due to unsatisfactory performance, the
contracts for maintenance of City parks, parkways, and
facilities with Landscape West had been terminated on
August 13, 1984. New contracts were employed to provide
landscape maintenance services and an increase in costs was
estimated at $15,500; work needed to re-establish neglected
landscaping was estimated at $9,000. The report recommended
that a demand be made on the surety, AmWest, to perform
under the agreement.
Councilman Bland suggested that in such cases, if the surety
refuses to perform, legal means of recovering damages should
be explored.
Declaration of Default:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
CAPISTRANO, CALIFORNIA, DECLARING A DEFAULT IN
PERFORMANCE OF MAINTENANCE OF LANDSCAPING IN VARIOUS
CITY PARKS AND PARKWAY AREAS AND CITY FACILITIES
AGREEMENT (LANDSCAPE WEST, ROBERTS & ASSOCIATES) AND
MAKING DEMAND ON SURETIES FOR PERFORMANCE
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
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BIDS, CONTRACTS, AGREEMENTS
1. ENGINEERING CONSULTING SERVICES FOR PAVEMENT EVALUATION -
(38) Written Communications:
(85) Report dated October 2, 1984, from the Director of Public
Works, forwarding an agreement with La Belle Consultants, of
Santa Ana, for evaluation of the existing pavement on
Peppertree Bend to determine the causes of pavement failures
and weaknesses. The evaluation would also insure that the
required improvements had been made, since the City annexed
Tract 10593 (Peppertree Bend) after improvements were
installed. The proposed compensation was set at $4,665; the
expenditure would be allocated to the Public Works,
Engineering, Specialized Services account.
The Director of Public Works advised that the portion of the
agreement dealing with "Errors and Omissions Coverage"
required re -negotiation and requested approval in concept,
with the City Manager authorized to sign the document upon
completion.
Approval In Concept:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to approve in concept the
agreement with La Belle Consultants of Santa Ana, for
pavement analysis services for Peppertree Bend Road in the
amount of $4,665. The City Manager and City Clerk were
authorized to execute the document on behalf of the City.
2. AGREEMENT TO CONSTRUCT DECORATIVE FENCE WITHIN ORTEGA
(38) Written Communications:
(74) Report dated October 2, 1984, from the Director of Public
Works, forwarding a letter agreement with Ortega Properties
and Capistrano Acres Mutual Water Company to construct a
decorative fence around the Water Company's well site on the
southerly side of Calle Arroyo across from St. Margaret's
School. As agent for the Assessment District, the City will
be responsible for the portion of the fence adjacent to
Calle Arroyo, at an estimated cost of $3,544. Ortega
Properties will be responsible for the balance of the fence
at an estimated cost of $4,945. Upon receipt of a $5,000
deposit from Ortega Properties, City staff will begin
preparation of plans and specifications.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, and unanimously carried to approve the
"Letter -Agreement for Fence Construction" with the
Capistrano Acres Mutual Water Company and Ortega Properties
and to authorize the Mayor and City Clerk to execute the
agreement on behalf of the City.
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RECESS AND RECONVENE
Council recessed at 7:24 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:32 p.m.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
INITIATION OF GENERAL PLAN AMENDMENT 85-1 (PEARL WILLIAMS
ESTATE)
(46) Applicant:
Carnegie Construction Company, One Brookhollow Drive, Santa
Ana, 92705.
Property Owner:
Pearl Williams Estate, c/o John M. Meindl, Esq., Harwood
Adkinson, 550 Newport Center Drive, Suite 800, P. O. Box
1907, Newport Beach, 92663.
Written Communications:
Report dated October 2, 1984, from the Director of Community
Planning and Development, forwarding a request to amend the
General Plan land use designation of a 3.54± acre parcel
located at the intersection of Rancho Viejo Road and
Junipero Serra, from 2.7 (Recreation Commercial) to an
appropriate designation to allow a professional/corporate
office use. The report recommended the item be considered a
part of General Plan Amendment 85-1 due to the timing of the
petition.
Initiation of Amendment:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried to initiate the petition
request and to direct staff to include the item as a part of
General Plan Amendment 85-1, noting that the action allows
for consideration of the item only and should not be
construed as either approval or denial of the petition.
DIRECTOR OF PUBLIC WORKS
CONSIDERATION OF REDUCTION OF ROADWAY AND EQUESTRIAN/HIKING
TRAIL EASEMENT AND ACCEPTANCE OF ADDITIONAL
EQUESTRIAN/HIKING TRAIL EASEMENT, PARC
(KOHN)
(85) Written Communications:
Report dated October 2, 1984, from the
Works, forwarding a request from Jimmy
60 -foot equestrian easement along the
Parcel 1, Parcel Map 80-38 to 20 feet,
15 -foot equestrian easement along the
the property. The report advised that
former owner of the property received
PARCEL MAP 80-38
Director of Public
Kohn to reduce the
southeast boundary of
in exchange for a
northwest boundary of
in July, 1982, the
approval of a similar
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proposal, but the documentation was never completed. In
response to an adjacent resident, Mr. Kohn agreed to install
a landscape buffer between Sacarama Lane and the
equestrian/hiking trail. Staff requested direction to
prepare the necessary documentation.
Preparation of Documents:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to direct staff to prepare
the necessary quitclaim and easement documents for City
Council approval and to prepare an agreement for landscape
installation and maintenance adjacent to Sacarama Lane.
2. CONSIDERATION OF ROADWAY EASEMENT, SAN JUAN CREEK ROAD
(HOFFMAN)
(73) This item was held over at the request of the attorney
representing Mr. and Mrs. Hoffman.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS
(67) The Report dated October 2, 1984, from the Director of
Community Planning and Development, advising of actions
taken by the Planning Commission at their meeting of
September 25, 1984, was ordered received and filed.
COUNCIL ACTIONS
1. APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW
(23) Council concurred with Mayor Hausdorfer's suggestion that
appointment to the Architectural Board of Review be
continued to the meeting of October 16, 1984, to allow time
for the Mayor and Councilman Buchheim to interview new
applicants.
COUNCIL REMARKS
1. SISTER CITIES (PETRA)
(34) Councilman Schwartze advised that planning for the November
12th visit of residents of Petra, Mallorca, was continuing,
and he would submit a report on their itinerary at a future
date.
2. SERRA TOUR
(79) Councilman Buchheim noted an invitation to join a luncheon
and tour of the SERRA Treatment Plant on October 20th and
encouraged Council attendance.
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3. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
(61) Councilman Bland noted information received from SCAG and
cited concern with their proposed air carrier site
alternatives.
4. ACCEPTANCE OF RESIGNATION (NATALIE MITCHELL)
(23) It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried to accept the resignation
of Natalie Mitchell from the Cultural Arts and Heritage
Commission. Staff was directed to prepare and post the
appropriate notices. The City Manager was directed to
prepare a letter to Mrs. Mitchell for the Mayor's signature.
5. PROPOSITION 26 ON NOVEMBER BALLOT
(51) Mayor Hausdorfer advised that the Capistrano Unified School
(78) District would be eligible to compete for monies which would
be made available through Proposition 26, and there was a
consensus of Council that a Resolution in support of
Proposition 26 be prepared for the meeting of October 16.
CLOSED SESSION
Council recessed to a Closed Session at 7:40 p.m., for discussion
of personnel and legal matters, the City Clerk being excused
therefrom, and reconvened at 9:26 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:26 p.m., to the next regular meeting date of
Tuesday, October 16, 1984, at 7:00 p.m., in the City Council
Chamber.
ATTEST:
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK..
By CHERYL JOHNS 7
NSO , DEPUTY CITY CLERK
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