85-0305_CC_Minutes_Regular Meeting465
MARCH 5, 1985
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 Pastor
Roger Boatman, Community Christian 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; 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, Deputy City Clerk/Recording Secretary.
MINUTES
Regular Meeting of February 19, 1985:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of February 19,
1985, 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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INTRODUCTION OF NEW EMPLOYEE (500)
Mayor Hausdorfer introduced Hank Reveles, who began his
employment as Accountant on March 1, 1985. Mr. Reveles had been
a 9 -year employee with the City of Santa Ana.
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION HONORING PAUL ARBISO (114.1)
Written Communications:
Report dated March 5, 1985, from the Senior Administrative
Assistant, advising that Mr. Arbiso, the official bell
ringer of the Mission and patriarch of San Juan Capistrano,
will soon celebrate his 90th birthday. The report forwarded
a resolution honoring him for his dedicated community
service; the resolution will be presented by the Mayor on
March 19th, during the St. Joseph's Day Pageant at the
Mission.
Resolution of Commendation:
It was moved by Councilman Buchheim, seconded by Councilman
Bland that the following Resolution be adopted:
RESOLUTION NO. 85-3-5-1, HONORING PAUL ARBISO - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, HONORING PAUL ARBISO
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
CONSENT CALENDAR
It was moved by Councilman Bland, seconded by Councilman
Schwartze, 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 (202.2)
The List of Demands dated March 6, 1985, Warrant Register
No. 85-091, in the total amount of $308,110.00, was approved
as submitted.
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2. REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4)
The Report dated March 5, 1985, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of February 25, 1985, was ordered received and
filed.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4)
The Report dated March 5, 1985, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of February 19, 1985, was ordered received and
filed.
4.
VALLE ROAD
II
As set forth in the report dated March 5, 1985, from the
Director of Public Works, the construction of Phase II of
the Valle Road Sewer project was completed.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 85-3-5-2, COMPLETION OF THE VALLE ROAD
SEWER, PHASE II (CAPPELLO CONSTRUCTION, INC.) - 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 VALLE ROAD
SEWER, PHASE II CONSTRUCTION (CAPPELLO CONSTRUCTION,
INC.)
The Resolution accepted the project as complete in the
amount of $76,760.32, and directed the City Clerk to forward
a Notice of Completion to the County Recorder.
Payment status was as follows:
Total Construction Costs $76,760.32
Less 108 Retention 7,676.03
Previous Payment 67,918.79
Balance Due 1,165.50
Staff was authorized to make
release the 10% retention 35
Notice of Completion.
PUBLIC HEARINGS
payment as indicated and to
days after recordation of the
1. PARCEL MAP 81-855 (MIRKIN/BLAND) (316.3)
This Public Hearing was continued from the meeting of
January 22, 1985.
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Written Communications:
Report dated March 5, 1985, from the Director of Community
Planning and Development, advising that the applicant had
requested additional parcelization of the property and
requesting additional time until staff can determine what
course of action the City should take regarding further
parcelization of the property.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Continuation of Hearing:
It was moved by Councilman Bland, seconded by Councilman
Buchheim and unanimously carried to continue the Public
Hearing to the meeting of March 19, 1985.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 532 - ESTABLISHING SPECIAL
ACTIVITIES PERMIT PROGRAM (418.3)
Written Communications:
Report dated March 5, 1985, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
February 19, 1985, 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:
NO. 532, AMENDMENT TO TITLE 9 OF THE
CODE - ESTABLISHING SPECIAL ACTIVITIES
PERMIT PROGRAM - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE SAN JUAN
CAPISTRANO MUNICIPAL CODE BY ADDING SECTION 9-3.623 TO
TITLE 9 CHAPTER 3, ARTICLE 7, THAT ESTABLISHES A
SPECIAL ACTIVITIES PERMIT PROGRAM, TO REPLACE EXPIRED
SECTION 9-3.623
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim, Schwartze,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Friess
ABSENT: None
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467
2. ADOPTION OF ORDINANCE NO. 533 - CORPORATE OFFICES IN THE
!1]
Written Communications:
Report dated March 5, 1985, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
February 19, 1985, 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 Buchheim, that the following
Ordinance be adopted:
533
TITLE 9 OF
ES IN THE
DISTRICTS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-3.415,
9-3.416, AND 9-3.417 OF THE MUNICIPAL CODE TO PROVIDE
FOR THE DEVELOPMENT OF CORPORATE OFFICES WITHIN
INDUSTRIAL DISTRICTS
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim, Schwartze
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Friess
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:07 p.m., to convene the San Juan
Capistrano Community Redevelopment Agency, and reconvened at
7:12 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1.
REGARDING
OF FEES
This item was continued from the meeting of February 19,
1985.
Written Communications:
Report dated February 19, 1985, and resubmitted March 5,
1985.
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468
It was moved by Councilman Schwartze, seconded by Councilman
Bland that the following Resolution be adopted:
OF FEES AND
COMMUNITY REDEVELOPMENT AGENCY - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DETERMINING THAT THE DEFERRAL OF RECEIPT OF
FEES IS OF BENEFIT TO THE DOWNTOWN CENTER REDEVELOPMENT
PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE
PROJECT IS LOCATED AND AUTHORIZING EXECUTION OF
COOPERATION AGREEMENT WITH THE COMMUNITY REDEVELOPMENT
AGENCY
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
Agreement on behalf of the City.
2. HISTORY OF CITY'S EFFORTS TO PRESERVE AGRICULTURE (306)
This report was requested by Council at their meeting of
February 5, 1985.
Written Communications:
Report dated March 1, 1985, from Loretta A. Zimmerman,
former Assistant to the City Manager, forwarding a summary
of the major activities of the City's Agriculture
Preservation Program from its inception in 1975 to the
present.
The City Manager made an oral presentation, recommending the
report be taken under submission for review and included
with the final recommendation concerning the Kinoshita
property.
With the concurrence of Council, Mayor Hausdorfer directed
that the report be received and filed and included with the
report from the special committee formed to study the issue
of agricultural preservation and the Kinoshita Farms.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF PLANNING COMMISSION ACTION RE SOUND AND PATIO
WALLS, TRACT 12276 (WILLIAM LYON COMPANY) (316.1)
This item was continued from the meeting of February 19,
1985.
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469
Written Communications:
Report dated March 5, 1985, from the Director of Community
Planning and Development, advising that the issues may be
resolved without the need for further consideration, but
requesting a continuance of the item.
Continuation of Appeal:
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to continue the matter to the
meeting of March 19, 1985.
2. REDEVELOPMENT PLAN AMENDMENT 84-1 - RESOLUTION DETERMINING
This item was rescheduled from the meeting of February 19,
1985. Citing a conflict of interest, Councilman Buchheim
advised he would abstain from action on this item.
Written Communications:
Report dated March 5, 1985, from the Director of Community
Planning and Development, advising that the areas being
considered with the project area for Redevelopment Plan
Amendment 84-1 did not include occupied dwellings or
residents, and no displacement of low- and moderate -income
families would take place; therefore, pursuant to Section
33385 of the California Health and Safety Code, no project
area committee would be required.
of No Need to Form Project Area Committee:
It was moved by Councilman Schwartze, seconaea n
Friess that the following Resolution be adopted:
RESOLUTION NO. 85-3-5-4, REDEVELOPMENT PLAN AMENDMENT
84-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CONCERNING WHETHER A
PROJECT AREA COMMITTEE SHALL BE DESIGNATED CONCERNING A
PROPOSED AMENDMENT TO THE CENTRAL REDEVELOPMENT PROJECT
The motion carried by the following vote:
AYES: Councilman Friess, Bland, Schwartze,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Councilman Buchheim returned to the dais and resumed his duties.
3. REVIEW OF FEE SCHEDULE FOR DISH ANTENNAE CONDITIONAL
This item was continued from the meeting of February 19,
1985.
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Written Communications:
Report dated March 5, 1985, from the Director of Community
Planning and Development, advising that on October 16, 1984,
Council took action to approve regulations for dish antenna
installations within the City, including a requirement for a
conditional use permit if the antenna was intended for
commercial, institutional, or satellite master antenna
systems for common residential use. The report advised that
communications were received indicating that conditional use
permit fees for a dish antenna use were excessive. The
report set forth approximate costs of $500 for processing a
Conditional Use Permit application for a dish antenna, and
recommended establishment of a separate fee for commercial
dish antennas.
Discussion ensued regarding expediting the process and Mayor
Hausdorfer requested Council be kept informed on how well
the process works and community response.
Preparation of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to direct staff to prepare
a resolution amending the Development Fees and Surety
Schedule to establish a separate conditional use permit fee
for commercial dish antennas.
DIRECTOR OF PUBLIC WORKS
1. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS -
Written Communications:
Report dated March 5, 1985, from the Director of Public
Works, advising that the Public Works Maintenance Division
provides clean-up and disposal of trees, brush, shrubbery,
and other vegetation throughout the City; that brush chipper
equipment would provide a more cost effective and efficient
method of performing the service. Funds in the amount of
$12,500 were budgeted in the 1984-85 budget, Account No.
01-4440-330.
Approval of Specifications/Call for Bids:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to approve the specifications
for the brush chipper equipment and to authorize a call for
bids. _
2. REVISIONS TO THE MASTER PLAN OF WASTEWATER FACILITIES
(903.8)
Written Communications:
Report dated March 19, 1985, from the Director of Public
Works, advising that in 1979 the City's Master Plan of
Wastewater Facilities was amended to reflect design
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standards recommended by the Environmental Protection 4 • x
Agency; that those amendments to the design flows, the
infiltration factor, and design standards were now felt to
be unrealistic and a new Master Plan was prepared to return
to more traditional standards.
Approval of Master Plan:
The Director of Public Works made an oral report and it was
moved by Councilman Buchheim, seconded by Councilman Friess
and unanimously carried to approve the "Master Plan of
Wastewater Facilities as revised June, 1984."
2. STATUS REPORT - SWALLOWS DAY PARADE (105.14)
Written Communications:
Report dated March 19, 1985, from the Director of Public
Works, advising that the Fiesta Association was continuing
to make progress in resolving concerns and setting forth
accomplishments to date.
The Director of Public Works made an oral report. With the
concurrence of Council, the report was ordered received and
filed.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS (140.4)
The Report dated March
Community Planning and
taken by the Planning
February 26, 1985, was
COUNCIL ACTIONS
5, 1985, from the Director of
Development, advising of actions
Commission at their meeting of
ordered received and filed.
1. APPOINTMENT TO THE LOS RIOS REVIEW COMMITTEE (JONES) (130.9)
Written Communications:
Report dated March 5, 1985, from the Senior Administrative
Assistant, forwarding applications for appointment to the
Los Rios Review Committee.
Appointment of Gilbert Jones:
Councilman Bland nominated Gilbert Jones; the nomination was
seconded by Councilman Schwartze. There being no further
nominations, nominations were closed and it was moved by
Councilman Bland, seconded by Councilman Schwartze and
unanimously carried to appoint Gilbert Jones to fill the
vacancy on the Los Rios Review Committee.
COUNCIL REMARKS
1. STREET LIGHTING (909.1)
Councilman Friess requested input regarding the reason for
non-functioning street lights along Calle Arroyo in the
Ortega Properties.
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2. HOME WARRANTS (206.10)
Councilman Friess noted a letter received regarding problems
in the Glendale Federal Development and requested a report
on the matter.
3. STREET REPAIRS (912.13
Councilman Bland was advised that a permanent patch was
still necessary on repairs done by the Water District on Del
Obispo west of Camino Capistrano.
4. EXTERIOR LIGHTING (418.3)
Councilman Bland cited an extreme amount of exterior
lighting particularly on homes in the Peppertree Bend area
and discussion ensued regarding addition of exterior
lighting to the plan check list. Staff is to review the
area for Code violations.
5. GRANT FUNDS FOR COOK PARK IMPROVEMENTS/STAFF COMMENDATIONS
1�n� C/Onn 1111A 11'nn 91
Mayor Hausdorfer noted a memo regarding receipt of $50,000
from the 1984 Park Bond Act for construction of athletic
fields and $74,000 in Senate Bill 244 funds for extension of
the Vereda Bikeway from La Novia to the existing softball
fields in Cook Park. Council commended Shari Fortmueller,
Tony Foster, Larry Lawrence and Pam Gibson for their work.
CLOSED SESSION
Council recessed to a Closed Session at 7:36 p.m., for discussion
pending litigation pursuant to Government Code Section
54965.9(b)(1), the Deputy City Clerk being excused therefrom, and
reconvened at 8:09 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 8:09 p.m., to the next regular meeting date of
Tuesday, March 19, 1985, at 7:00 p.m., in the City Council
Chamber.
ATTEST:
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
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G RY HAUSDORFER, MAY RCheryl Johsfso Deputy City Clerk
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