84-1106_CC_Minutes_Regular Meeting333
NOVEMBER 6, 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 7:00 p.m., in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Reverend
Homer Waisner, Ocean Hills Community 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
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.
MINUTES
Regular Meetng of October 16, 1984:
It was moi
ved by Councilman Schwartze, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of October 16,
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 Schwartze, 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. PRESENTATION OF LIBRARY CARD TO MAYOR HAUSDORFER (ORANGE
COUNTY LIBRARY)
(52) Written Communications:
Report dated November 6, 1984, from the Senior
Administrative Assistant, advising that the County library
system was doing a special promotion to introduce their new
computerized check-out system. Activities included
presentation of a special gold library card to mayors of
cities where branch libraries are located.
Emily Jackson, Librarian, and Steve Niven, President of
Friends of the Library, were in attendance and joined Mayor
Hausdorfer on the dais. Mr. Niven thanked the Council for
their efforts toward acquiring a quality Library for the
City and presented the gold card on behalf of Emily Jackson,
the Friends of the Library, and the County Librarian. Mayor
Hausdorfer advised that later on the Agenda the Council
would take action to donate a set of West's California Codes
to the Library and presented one volume to Mrs. Jackson, who
expressed her appreciation.
Acceptance of Gift:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to accept the gift of the
gold library card on behalf of the City Council.
ORAL COMMUNICATIONS
1. BIKE TRAIL SAFETY
(62) Jim Thorpe, 27952 Calle Santa Ynez, commended Council on the
completion of the Vereda Bikeway, and cited safety concerns
on all bike paths in the City in terms of the need for
completing the missing links in bike trails and maintaining
safety in the bike lanes. He noted that location,
construction in and near bike trails, parked cars, debris on
the trails, and water run-off all affect the safety of trail
users. He suggested a policy of promoting use of the trails
and requested Commission review of the items of concern,
such as construction of a temporary shoulder along Rancho
Viejo Road; assuring that trails are not left in a torn -up
condition when construction has been completed; that detours
be considered for bike trails as well as cars when
construction is in progress; and, that the equestrian
segment of the community be made aware of the problems
presented by manure left on the trails. He further
suggested formation of a bicycle advisory committee as an
adjunct to one of the Commissions.
With the consensus of Council, Mayor Hausdorfer directed
that staff and the appropriate Commissions review the matter
and report at the next meeting. Councilman Bland was
appointed to serve as Council Liaison to meet with Staff.
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2. CROSSWALKS - CAMINO CAPISTRANO/ACJACHEMA STREET
(87) Tim Campbell, 31574 Los Rios Street, cited safety concerns
regarding the crosswalk located on Camino Capistrano at
Acjachema Street, noting poor visibility of the warning
signs. He suggested either a redesign of the signs,
installation of a user -activated light, or removal of the
crosswalk.
With the consensus of Council, Mayor Hausdorfer referred the
item to staff for review.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman
Friess, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated November 6, 1984, Warrant Register
No. 85-051, in the total amount of $993,839.80, was approved
as submitted.
2. CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(23) The Report dated November 6, 1984, from the Secretary of the
Cultural Arts and Heritage Commission, regarding actions
taken at the meeting of October 18, 1984, was ordered
received and filed.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS
(62) The Report dated November 6, 1984, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of October 15, 1984, was ordered received and
filed.
4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(23) The Report dated November 6, 1984, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of October 10 and October 24, 1984,
was ordered received and filed.
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5. NOTICE OF COMPLETION - VEREDA BIKEWAY (C62)
(62) As set forth in the report dated November 6, 1984, from the
Director of Public Works, the Vereda Bikeway from Avenida
Padre to Paseo Tirador has been completed.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 84-11-6-1. COMPLETION OF VEREDA BIKEWAY
(GRIFFITH) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF VEREDA BIKEWAY, AVENIDA PADRE TO PASEO
TIRADOR, PHASES I AND II (GRIFFITH)
The Resolution accepted the project as complete in the
amount of $123,748.64, and directed the City Clerk to
forward a Notice of Completion to the County Recorder.
Payment status was as follows:
Total Construction Costs $123,748.64
Less 10% Retention 12,374.86
Previous Payment 73,698.66
Balance Due 37,675.12
Staff was authorized to make payment as indicated and to
release the 108 retention 35 days after recordation of the
Notice of Completion.
6. NOTICE OF COMPLETION - CALLE MIRAMAR REHABILITATION (REED
THOMAS COMPANY) (C83)
(83) As set forth in the report dated November 6, 1984, from the
Director of Public Works, the Calle Miramar Rehabilitation
project has been completed.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 84-11-6-2. COMPLETION OF
1[l.RHD1L11H11 V1V t1tzzu 1nVP1lj - h 1[GJVLV11 V1V VL 1nG 1.112
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CALLE MIRAMAR REHABILITATION
(REED THOMAS COMPANY)
The Resolution accepted the project as complete in the
amount of $20,030, and directed the City Clerk to forward a
Notice of Completion to the County Recorder.
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Payment status was as follows: 3
Total Construction Costs $20,030.00
Less 108 Retention 2,003.00
Total Due 18,027.00
Staff was directed to make payment as indicated and to
release the 108 retention 35 days after recordation of the
Notice of Completion.
7. DONATION OF BOOKS TO PUBLIC LIBRARY
(52) As set forth in the report dated November 6, 1984, from the
Senior Administrative Assistant, staff was authorized to
donate to the San Juan Capistrano Regional Library any
surplus books which are no longer needed in the City
offices, but still have value as research tools for public
use.
PUBLIC HEARINGS
1. APPROVAL OF TENTATIVE PARCEL MAP 84-851 (CAPI
(85) Proposal:
Review of a Tentative Parcel Map designed to implement a
previously approved development plan for approximately 19.5
acres adjacent to San Juan Creek between Calle Aviador and
Calle Perfecto. The project involves lots four through ten
of Tract 10564. Surrounding uses are San Juan Creek to the
northwest; vacant land to the northeast; and industrial park
uses to the southeast and southwest. The present zoning is
MP (Industrial Park) District.
Applicant/Property Owner:
Capistrano Industrial Center, 3906 Calle Ariana, San
Clemente, 92672.
Written Communications:
Report dated November 6, 1984, from the Director of
Community Planning and Development, forwarding background
information and a recommendation of approval from the
Planning Commission. The report also forwarded the
recommendation of the Traffic and Transportation Commission
that the applicant be required to enter into an agreement to
participate in the future signalization of Camino Capistrano
and Avenida Aeropuerto and to construct full public
improvements adjacent to the project and a 24 -foot -wide
access road connecting Calle Aviador and Calle Perfecto.
Exhibits were on display and the
Planning and Development made an
the area under consideration was
Director of Community
oral report, advising that
the old airport site, which
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3 3
was being acquired by a new developer; the property was
previously subdivided under Tract 10564. He advised that
previous requirements for a minimum rear yard setback of 75
feet would be retained. He cited Conditions of Approval
requiring the applicant to participate in the future
signalization of Avenida Aeropuerto and Camino Capistrano;
and, to dedicate a 24 -foot -wide- public service access
easement to provide public circulation between Calle Aviador
and Calle Perfecto.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and the following
person responded:
(1) Lee Phelps, 1 Brookhollow, Santa Ana, owner of
Capistrano Associates and a partner in the transaction,
spoke in support of the project, thanking staff for
their efforts. In response to Council concerns
regarding landscaping and dumping, he advised that they
will maintain a high degree of landscaping around the
buildings and will take care of the dumping problems
when escrow closes on the property.
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 84-851:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 84-11-6-3, TENTATIVE PARCEL MAP 84-851
(CAPISTRANO INDUSTRIAL CENTER) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 84-851
(CAPISTRANO INDUSTRIAL CENTER)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
M.
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339
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 521 - REGULATIONS FOR DISH ANTENNA
INSTALLATIONS
(55) Written Communications:
Report dated November 6, 1984, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
October 16, 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
Buchheim, seconded by Councilman Friess, that the following
Ordinance be adopted:
ORDINANCE NO. 521, AMENDMENT TO TITLE 9 OF THE MUNICIPAL
CODE - DISH ANTENNA INSTALLATIONS - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
CHAPTERS 2 AND 3 , TITLE 9, OF THE MUNICIPAL CODE
REGARDING DISH ANTENNA INSTALLATIONS WITHIN THE CITY
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
2. ADOPTION OF ORDINANCE NO. 523 - PLANNED DEVELOPMENT
(55) Written Communications:
Report dated November 6, 1984, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
October 16, 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
Schwartze, seconded by Councilman Buchheim, that the
following Ordinance be adopted:
ORDINANCE NO. 523, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - SUBDIVISION REVIEW PROCESS - PD
DISTRICT - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.423.5 OF
THE MUNICIPAL CODE RELATING TO THE PD (PLANNED
DEVELOPMENT) DISTRICT REGULATIONS
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The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
3. ADOPTION OF ORDINANCE NO. 524 - BID PROCEDURES FOR PERSONAL
SERVICE CONTRACTS
(38) Written Communications:
Report dated November 6, 1984, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
October 16, 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
Schwartze, seconded by Councilman Buchheim, that the
following Ordinance be adopted:
ORDINANCE NO. 524, BID PROCEDURES FOR PERSONAL SERVICE
CONTRACTS AND OTHER RELATED MATTERS - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTION 3-4.303 OF, AND ADDING SECTION 3-4.306(h) TO
TITLE 3, CHAPTER 4, ARTICLE 3 OF THE MUNICIPAL CODE
RELATING TO BID PROCEDURES FOR PERSONAL SERVICE
CONTRACTS AND OTHER RELATED MATTERS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
4.
(95) Written Communications:
Report dated November 6, 1984, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
September 18, 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
Buchheim, seconded by Councilman Schwartze, that the
following Ordinance be adopted:
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7Z'L'
ORDINANCE NO 525 REZONE 84-4 (SPOTTED BULL PREZONING)_
- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP BY
PREZONING CERTAIN PROPERTIES NORTH OF THE PRESENT CITY
LIMITS (SPOTTED BULL AREA)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
RESOLUTIONS
1. SUPPORTING FINDINGS - ORANGE COUNTY TRANSPORTATION
COMMISSION METROLINER STUDY
(56) Written Communications:
(88) Report dated November 6, 1984, from the Senior Administrative
Assistant, advising that during July, 1984, the Orange
County Amtrak Cities, in conjunction with the California
Department of Transportation and the Orange County
Transportation Commission, conducted an on -board survey to
determine the effectiveness of the Metroliner concept in the
Los Angeles to San Diego Corridor. The report, prepared by
the Orange County Transportation Commission staff, concluded
that the concept was not living up to Amtrak's expectations.
The Joint Agencies Planning Committee, which sponsored the
study, requested each city along the corridor to adopt a
resolution supporting the recommendations set forth in the
report; the Transportation Commission will take formal
action on the study on November 12, and the resolutions and
survey results will be forwarded to Amtrak and various State
and Federal officials.
Supporting Findings:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 84-11-6-4, SUPPORTING FINDINGS - ORANGE
COUNTY TRANSPORTATION COMMISSION METROLINER STUDY - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SUPPORTING FINDINGS - ORANGE
COUNTY TRANSPORTATION COMMISSION METROLINER STUDY
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
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34
Staff was authorized to forward the Resolution to the Orange
County Transportation Commission.
BIDS, CONTRACTS, AGREEMENTS
AMENDED AND RESTATED COOPERATION AGREEMENT (CUSD) (38-#459)
(38) This item was considered following the meeting of the
(68) Community Redevelopment Agency.
2.
(38) Written Communications
(74) Report dated November 6, 1984, from the Director of Public
Works, advising that following termination of the contract
with Landscape West, the City authorized landscape
maintenance work through monthly purchase orders. The
report advised that the contract documents were reviewed and
amended to provide for better contract cohesiveness and
clarification; i.e., the contract will now contain a 30 -day
termination period with no additional compensation. A
budget amendment in the amount of $20,000 to Public Works
Maintenance Account No. 01-4440-213-510 was necessary to
cover additional costs in excess of the original contract.
The agreements will provide the following services for the
period ending May 31, 1985:
Midori Gardens (City Parks) $5,538.83/month
Toyo Landscaping (City Parkways) 2,820.00/month
Green's Gardening (City Facilities) 885.00/month
Newport West Properties (Ortega Properties
Parks and Parkways 1,350.00/month
Approval of Contracts:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim , and unanimously carried to approve the contracts
for maintenance of City Parks with Midori Gardens of Santa
Ana; City Parkways with Toyo Landscaping Company of Garden
Grove; City Facilities with Green's Gardening of San Juan
Capistrano; and, Ortega Properties Parks and Parkways with
Newport West Properties of Irvine. The Mayor and City Clerk
were authorized to execute the contracts on behalf of the
City. A budget transfer of $20,000 was authorized; staff
was authorized to pursue cost recovery from Landscape West.
RECESS AND RECONVENE
Council recessed at 7:42 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:44 p.m.
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'ATED COOPERATION
343
M".1
(38) In accordance with actions taken by the Community
(68) Redevelopment Agency, this item was continued to the meeting
of November 20, 1984.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. PROPOSED RENT REPAYMENT PLAN (CAPISTRANO TERRACE MOBILE HOME
(25) Written Communications:
Report dated November 6, 1984, from the City Attorney,
advising that the Owner of the Capistrano Terrace Mobilehome
Park submitted a rent repayment plan dated October 15, 1984,
pursuant to Resolution No. 84-9-18-6. The report noted that
the plan was submitted to the tenants through their lawyer
on October 17, 1984; written comment was requested, but none
received. The report advised that City staff found the plan
generally reasonable, but recommended the matter be
continued to allow for written comment from the tenants.
Continuation of Item:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to continue consideration
of the proposed Rent Repayment Plan for Capistrano Terrace
to the City Council meeting of November 20, 1984.
2. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS (CITY
HALL REMODEL) (C34)
(34) Written Communications:
Report dated November 6, 1984, from the Senior
Administrative Assistant, requesting approval of plans for the
remodel of the City Offices. The report advised that staff
hoped to award the bid at the first meeting in December;
further, that the construction period was expected to be
under ninety days. Funds in the amount of $133,000 were
budgeted in Account No. 12-4712-500.
Approval of Plans/Call for Bids:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, and unanimously carried to approve the plans and
specifications for the City Hall remodel and to authorize
staff to advertise for bids.
3.
AND DISTRIBUTE I
(23) Written Communications:
Report dated November 6, 1984, from the Secretary to the
Cultural Arts and Heritage Commission, forwarding a request
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3 440
that authorization be given to duplicate and distribute two
informational sheets prepared by the Commission pursuant to
its duty to promote an awareness of and appreciation for the
City's cultural and historical significance. One sheet would
be distributed to owners of locally designated buildings;
one would be distributed as needed in response to requests
to receive general information regarding historic
preservation and cultural resource management in the City. _
Costs to duplicate the information sheets was estimated at
$75 - $100; funds were budgeted in Account No. 01-4330-252.
Approval of Distribution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to approve the duplication
and distribution of the informational material as
recommended by the Cultural Arts and Heritage Commission.
CITY ATTORNEY
AMENDMENTS TO MOBILE HOME PARK ORDINANCE
(23) Written Communications:
(55) Report dated November 6, 1984, from the City Attorney,
advising that the recommendations of the Mobile Home Park Ad
Hoc Committee will be reviewed with regard to their legality
and other legal implications. The report suggested a
procedural change to the Ordinance and recommended the
appointment of a Hearing Officer to conduct hearings in
accordance with requirements of the Code of Civil Procedure
1094.5, which requires that administrative hearings
affecting property rights be conducted in an
administrative -trial type setting. The Hearing Officer's
duties would include the taking of evidence and the
rendering of findings; the findings would not be binding.
The Hearing Officer findings would be forwarded to the
Committee for review. The Committee would not conduct any
further hearings to receive evidence; however, they could
allow oral or written argument of the parties and would make
a written recommendation to the Council, forwarding all
information for final action. The report forwarded an
Ordinance providing for a Hearing Officer procedure for
review of mobile home park rent increases and a Resolution
defining the parameters of the conduct of the hearing. The
report further advised that a per diem charge to employ a
Hearing Officer would be approximately $150 per day.
The City Attorney advised he had reviewed the Ad Hoc
Committee proposals and would submit definitive legal
recommendations on those proposals at a later date. He
discussed the proposal to employ a Hearing Officer noting
that it could be implemented on a trial basis. He advised
that such action would help insulate the City from liability
and would facilitate the operations of the Mobile Home Park
Review Committee.
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345
Following discussion, there was a consensus of Council that
consideration of the Resolution and recommendations on the
additional aspects of the Ordinance be submitted at the
meeting of December 4, 1984.
Introduction of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Schwartze, seconded by Councilman Friess, that the following
Ordinance be introduced:
ORDINANCE NO. 526, MOBILE HOME PARE RENT INCREASES - -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 2-2.903(c) AND 2-2.905 OF
THE MUNICIPAL CODE BY PROVIDING FOR A HEARING OFFICER
PROCEDURE IN REVIEW OF MOBILE HOME PARK RENT INCREASES
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
DIRECTOR OF ADMINISTRATIVE SERVICES
1. NOTIFICATION OF
FOR
(43) Written Communications:
Report dated November 6, 1984, from the Director of
Administrative Services, advising that effective December 1,
1984, Storer Cable will raise their rates for premium
services and for the satellite tier; the City has no
regulatory power over those services. The report set forth
the following rate changes:
Current Proposed
Basic Service $ 10.00 No Change
Satellite Tier 3.50 $ 4.50
Premium Services
First Movie Channel 10.95 11.95
Second Movie Channel 10.95 No Change
Third Movie Channel 10.95 No Change
With the concurrence of Council, Mayor Hausdorfer ordered
the report received and filed.
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DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. CONVEYANCE OF OPEN -SPACE LAND TRACTS 10318 AND 10319
(85) This item was rescheduled to the meeting of November 20,
1984, to allow further staff review of the conveyance
documents.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS
(67) The Report of Actions taken by the Planning Commission at
their meeting of October 25, 1984, was ordered received and
filed.
COUNCIL ACTIONS
ACCEPTANCE OF RESIGNATIONS
(23) It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried to accept the resignations
of the following persons:
Tony Clark, Mobile Home Park Review Committee;
Phil Jimenez, Cultural Arts and Heritage Commission;
and, Jan Hansen, Architectural Board of Review.
Councilman Bland advised that Mr. Clark no longer owned a
mobile home park; Mr. Jimenez had other obligations
requiring his time; and, Mr. Hansen no longer lived in the
City. Staff was directed to post the appropriate notices.
1. APPOINTMENT TO THE ARCHITECTURAL BOARD OF REVIEW (NEELY)
(23) Written Communications:
Report dated November 6, 1984, from the Senior
Administrative Assistant, noting that the item had been
continued to this date to allow an opportunity to interview
applicants.
Appointment of Timothy S. Neely:
Councilman Buchheim nominated Timothy S. Neely; the
nomination was seconded by Councilman Schwartze. There
being no further nominations, nominations were closed, and
it was moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried to appoint Timothy S.
Neely to fill the vacancy on the Architectural Board of
Review.
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347
2. APPOINTMENT TO THE CULTURAL ARTS
(23) Written Communications:
Report dated November 6, 1984, from the Senior
Administrative Assistant, forwarding applications for the
current vacancy on the Cultural Arts and Heritage
Commission.
Appointment of James M. All
Councilman Buchheim nominated James M. Allen; the nomination
was seconded by Councilman Schwartze. There being no
further nominations, nominations were closed, and it was
moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried to appoint James. M.
Allen to fill the vacancy on the Cultural Arts and Heritage
Commission.
COUNCIL REMARKS
1. SISTER CITIES
(34) Councilman Schwartze requested that additional funds be set
aside to cover any contingencies and to guarantee the
accommodations reserved for the visitors from Mallorca on
November 12, 1984. It was moved by Councilman Buchheim,
seconded by Councilman Friess, and unanimously carried to
authorize an additional $2,500 to meet the City's
obligations.
?. PARKING CONDITIONS ON JUNIPERO SERRA AT I5
(64) Councilman Buchheim requested that the Traffic and
Transportation Commission review and make recommendations
with regard to problems created by cars parked on Junipero
Serra at the southbound on-ramp.
3. RETIREMENT OF COUNTY PUBLIC ADMINISTRATOR (HEIM)
(36) There was a consensus of Council that a Resolution of
Commendation be prepared for James Heim upon his retirement
from the position of Orange County Public
Administrator/Guardian.
4. SOUTH COAST BOARD OF REALTORS/SAN CLEMENTE DEVELOPMENT
(32) Councilman Friess advised that at a recent South Coast Board
of Realtors meeting a presentation had been made regarding
growth and development in San Clemente, with a projected
population increase of 40,000 people. He cited concern that
the proposed development lacked transportation and job
planning and suggested discussions be conducted with San
Clemente officials.
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3 ` 85. STORAGE YARDS - MISSION BELL AND ALIPAZ STREET
(45) In response to Councilman Bland, the City Manager advised
that the County had initiated zoning violation and
enforcement action regarding the illegal storage areas in
the Mission Bell area and that the Public Works Department
was investigating installation of barricades.
6. BIKE TRAIL - DEL OBISPO BETWEEN ADELANTO AND ALIPAZ
(23) Councilman Bland cited hazardous conditions and a lack of
(62) access onto the sidewalk on the north side of the Del Obispo
bridge over San Juan Creek and requested review by the
Traffic and Transportation Commission for possible ramp
installation.
7. MEETING ATTENDANCE
(32) Councilmen Bland and Schwartze advised they would be unable
to attend the Council meeting on November 20, 1984.
8. EL CAMINO REAL MISSION BELL
(34) Mayor Hausdorfer noted the theft of the Mission Bell in
front of the Trading Post and suggested the City work with
the Chamber of Commerce and Mrs. DiMaio to replace the bell.
CLOSED SESSION
Council recessed to a Closed Session at
of personnel and legal matters, the City
therefrom, and reconvened at 8:32 p.m.
COUNCIL ACTIONS
1. POTENTIAL LITIGATION
8:11 p.m., for discussion
Clerk being excused
(35) It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to authorize the City
Manager to send a letter on behalf of the City to Rutan and
Tucker regarding potential litigation.
2. LITIGATION
(35) It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to authorize the City
Attorney to file suit as follows: (a) Goeden
Development/DICO; and, (b) Landscape West/Amwest.
3. CITY ATTORNEY HOUSING ASSISTANCE (38-#585)
(30) It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to authorize housing
assistance for the City Attorney and to authorize the City
Manager to formalize a Promissory Note.
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349-
4. SETTLEMENT OF CLAIMS (VIDOVICH; COGAR)
(35) It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to authorize the City
Manager to settle claims as follows: (a) Vidovich vs. City
- $6,000; and, (b) Cogar vs. City - $2,500.
5. PERSONNEL CLASSIFICATIONS - ASSISTANT CITY MANAGER
(66) It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried that the following
Resolution amending the Classification Plan to add the
position of Assistant City Manager to delete the position of
Assistant to the City Manager by adopted:
RESOLUTION NO. 84-11-6-5, AMENDING CITY'S PERSONNEL
CLASSIFICATION AND PAY PLAN - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NOS. 82-9-21-4 and 84-7-17-9, THE
CITY'S PERSONNEL CLASSIFICATION AND PAY PLAN
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 8:32 p.m., to the next regular meeting date of
Tuesday, November 20, 1984, at 7:00 p.m., in the City Council
Chamber.
Respectfully submitted,
MARY ANN f"
OVER, CITY CLERK
AMMPQM.
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