85-0319_CC_Minutes_Regular Meeting4'73
MARCH 19, 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 Gary L.
Hausdorfer, Mayor.
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 March 5, 1985:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of March 5,
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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4V74
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION OF COMMENDATION - FORREST DUNIVIN
LOS RIOS REVIEW COMMITTEE (130.9)
Written Communications:
Report dated March 19, 1985, from the Senior Administrative
Assistant, forwarding a Resolution commending _
Forrest Dunivin for his contributions to the betterment of
the community as a Member of the Los Rios Review Committee.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 85-3-19-1, COMMENDING FORREST R.
DUNIVIN - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
COMMENDING FORREST R. DUNIVIN
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
Mr. Dunivin resigned from the Committee effective
February 5, 1985.
2. PROCLAMATION OF BUILDING SAFETY WEEK - APRIL 14, 1985,
THROUGH APRIL 20, 1985 (102.802/114.2)
Written Communications:
Report dated March 19, 1985, from the Director of Community
Planning and Development, advising that the week of April 14
through 20, 1985, has been designated as National Building
Safety Week and forwarding a Proclamation calling local
attention to the contributions made to the community by the
City's Building and Safety Division.
Approval of Proclamation:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to proclaim the week of _
April 14 through April 20, 1985, as Building Safety Week in
the City of San Juan Capistrano.
3. PROCLAMATION OF RED CROSS MONTH - MARCH, 1985 (114.
Written Communications:
Report dated March 19, 1985, from the City Clerk, forwarding
a request from the Orange County Chapter of the American Red
Cross to designate the month of March as Red Cross Month.
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Approval of Proclamation: 4-75
Mayor Hausdorfer read the Proclamation in full and it was
moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to proclaim the month of
March, 1985, as Red Cross Month in the City. Mr. Dotson
Bennett, a volunteer with the Orange County Chapter of the
American Red Cross, was present to receive the Proclamation.
PROCLAMATION OF CAMP FIRE, INC.
Written Communications:
Report dated March 19, 1985, from the City Clerk, forwarding
a request from the Orange County Council of Camp Fire, Inc.,
to proclaim March 17 through March 23, 1985, as Camp Fire
Birthday Week, and March 23, 1985, as Camp Fire Friendship.
The National Camp Fire Organization celebrated its 75th
birthday on March 17th.
Approval of Proclamation:
Mayor Hausdorfer read the Proclamation in full and it was
moved by Councilman Friess, seconded by Councilman Schwartze
and unanimously carried to proclaim the week of March 17
through March 23, 1985, as Camp Fire Birthday Week; and,
March 23, 1985, as Camp Fire Friendship Day in the City.
Mrs. Kerri Byers and a Member of the local troop were
present to receive the Proclamation.
PRESENTATION OF POSTER - SERENDIPITY GALLERY (115.2)
Councilman Buchheim advised that at the E1 Presidente Dinner
held on March 16th, the owners of the Serendipity Gallery
unveiled the winning entry in their annual Swallows Day
poster competition; he presented an autographed copy of the
poster to the City on behalf of Mr. and Mrs. Paris, owners
of the Gallery.
ORAL COMMUNICATIONS
1.
REQUEST FOR REVIEW OF PLANNING COMMISSION DECISION -
ADDITION TO VASOUEZ HOME IN LOS RIOS AREA (KENNEDY/
The following persons addressed Council:
(1) Marguerite Kennedy, 26711 Los Rios Street, representing
the Los Rios Review Committee, requested Council review
of the Planning Commission's decision to allow the
roofline of the proposed addition to the Vasquez home
on Los Rios Street to be 4-1/2 feet higher than
recommended by the Committee. She stated the addition
would appear to be three stories high at the rear and
was out of scale and out of keeping with the history
and character of the Los Rios area.
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4"76
(2) Jeff and Pam Vasquez, 33221 Alipaz Street, No. 242, the
property owners, spoke in support of the Planning
Commission action and advised that the house was
two-story, but appeared different due to the slope and
grade on the lot. Mr. Vasquez advised that he had
obtained signatures in support of the project from the
majority of residents surrounding the project.
(3) Tony Forster, 31312 Guadalupe, Member of the Cultural ^
Arts and Heritage Commission, spoke in support of the
proposed addition and suggested that an appeal hearing
not be scheduled.
(4) Bill Hardy, 26523 Calle Lorenzo, referred to Section
3.4.3B, Paragraph 3 of the Los Rios Precise Plan,
regarding alterations, and spoke in support of review
of the Planning Commission decision.
(5) Evelyn Villegas, 26591 Mission Road, stated the
proposed addition would not conform to the area and
spoke in support of review of the Planning Commission
decision.
Councilman Friess stated that individuals should be
encouraged to continue restoring homes in the area; that the
project was totally in keeping in intent and philosophy of
the Los Rios Precise Plan; that approval had been
recommended by the appropriate Commissions and Committees.
He stated that there had been adequate opportunity for
public input on the project and there would be no benefit to
holding another hearing. Councilman Bland stated concern
regarding the size of the proposed addition, but also stated
that since it had gone through the process with
recommendations of approval, the matter should not be
reconsidered; however, such an action should not signal
approval for larger buildings in that area.
Reconfirmation of Planning Commission Decision:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to reconfirm the action of
the Planning Commission.
2. NOTIFICATION TO MEREDITH CANYON HOMEOWNERS' ASSO(
Jerome Mann, 33362 Via de Agua, referred to correspondence
from the Association regarding a lack of notification on
items affecting the area and forwarded the Association's
request for input on future tracts in the area. He further
forwarded the Association's request that a variance from
existing standards not be allowed on the appeal of the
William Lyon Company, Tract 12276, regarding sound and patio
walls scheduled later on the Agenda. Mayor Hausdorfer
advised that the item would be continued to the meeting of
April 2, 1985.
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4'7'7
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
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated March 20, 1985, Warrant Register
No. 85-092, in the total amount of $337,478.48, was approved
as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1
The City Treasurer's Report of Investments as of
February 28, 1985, in the total amount of $7,855,000.00, was
approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(206.12)
The City Treasurer's Report advising there were no 1911 Act
Bond Delinquencies as of February 28, 1985, was approved as
submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20)
The City Treasurer's Report of Fund Cash Balances as of
January 31, 1985, in the total amount of $309,796.42, was
approved as submitted.
5. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(133.4)
The Report dated March 19, 1985, from the Secretary of the
Cultural Arts and Heritage Commission, regarding actions
taken at the meeting of February 21, 1985, was ordered
received and filed.
6. REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4)
The Report dated March 19, 1985, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of March 11, 1985, was ordered received and filed.
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478
7. REPORT OF TRAFFIC AND
The Report dated March 19, 1985, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of February 13 and 27, 1985, was
ordered received and filed.
8. APPROVAL OF FINAL MAP, TRACT 12276
CAPISTRANO POINTE (WILLIAM LYON COMPANY) (316.1)
As set forth in the report dated March 19, 1985, from the
Director of Public Works, Tract 12276, Capistrano Pointe,
was approved with the determination that said map was
consistent with the General Plan of the City and in
substantial conformance with the approved Tentative Tract
Map.
PUBLIC HEARINGS
1. PARCEL MAP 81-855 (MIRKIN/BLANK) (316.3)
This Hearing was continued from the meeting of March 5,
1985.
Written Communications:
Report dated March 19, 1985, from the Director of Community
Planning and Development advising that the applicant
submitted a request to withdraw the application to subdivide
the site into two parcels.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and, there being no
response, closed the Hearing.
Parcel Map Withdrawn from Further Consideration:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the applicant's
request to withdraw the Parcel Map from further
consideration.
2. APPEAL OF PLANNING COMMISSION DECISION TO REQUIRE
PREPARATION OF ENVIRONMENTAL IMPACT REPORT - CONDITIONAL
Pro 1:
Consideration of an appeal of the February 26, 1985,
Planning Commission decision to require preparation of an
Environmental Impact Report to address the issues of dust,
noise, circulation, lighting, odor and land use
compatibility in conjunction with an application for
Conditional Use Permit 85-1. The Commission rejected the
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479
proposed Negative Declaration recommended by the
Environmental Review Board and continued the matter to allow
for further analysis, with direction to prepare the
Environmental Impact Report. The proposal was to enlarge an
existing equestrian facility on Oso Road known as Sycamore
Trails Stables and would include processing of a lot line
adjustment to incorporate an additional 5.476 -acre parcel
directly south of the site; to remove an old western arena
and install a larger open arena; to install 160 box stalls;
to install wash racks and hot walker; and, to construct a
covered arena.
Appellant:
Ronald B. Hanson, 26282 Oso Road, San Juan Capistrano.
Written Communications:
Report dated March 19, 1985, from the Director of Community
Planning and Development, forwarding background information
and the Planning Commission recommendation to require
preparation of an Environmental Impact Report; the
Equestrian Commission recommendation to approve the project;
and, a staff recommendation to determine that an
Environmental Impact Report not be required.
Exhibits were on display and Susan Tebo, Associate Planner,
provided an overview of the proposed project and discussed
environmental impacts and proposed mitigation measures for
dust, noise, circulation, lighting and odor.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and the following
persons responded in support of preparation of an
Environmental Impact Report:
(1) Pauline Alexander, 30852 Avenida de la Vista,
representing the Capistrano Villas Homeowners
Association No. 1, suggested an Environmental Impact
Report should cover the entire area from Oso Road to
the existing nursery.
(2) Blanche Chestek, 26438 Paseo Carmel, noted the
prevalence of odor.
(3) Robert Shinnick, 26382 Oso Road, cited impacts
pertaining to odor, flies and dust.
(4) Joseph Homs, 30840 Avenida de la Vista, read a letter
dated March 5, 1985, from the Capistrano Villas
Homeowners Association No. 1, supporting preparation of
an Environmental Impact Report.
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3.
The following persons responded in opposition to preparation
of an Environmental Impact Report:
(1) Ron Hanson, appellant, 34032 Blue Lantern, Dana Point,
advised he was present to answer questions.
(2) Joel Hartman, 31282 Calle del Campo, stated the
proposed mitigation measures were more than adequate.
(3) Mike Eggers, 25252 Yacht Drive, Dana Point, noted his
letter to Council dated March 16, 1985, and stated the
staff report constituted an Environmental Impact
Report.
(4) Joey Cumia, 26300 Oso Road, cited the cleanliness of
the stable.
There being no further response, Mayor Hausdorfer closed the
Hearing with the right to re -open at any time.
Environmental Impact Report Not Required:
Council concurred that the staff report had addressed the
concerns and mitigation measures and provided sufficient
information. It was moved by Councilman Schwartze, seconded
by Councilman Friess that the following Resolution be
adopted.
85-3-19-2
TRAILS STABLES/HANSON) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DETERMINING THAT AN ENVIRONMENTAL
IMPACT REPORT IS NOT REQUIRED FOR CONDITIONAL
USE PERMIT 85-1 (SYCAMORE TRAILS STABLES/HANSON)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
SPOTTED BULL ANNEXATION HEARING (401.12)
Proposal•
Protest Hearing held prior to finalization of the annexation
of "inhabited" territory pursuant to State Law. On
January 9, 1985, the Local Agency Formation Commission
approved the subject annexation with a condition imposed on
undeveloped parcels within the area to require
"...participation in the Major Thoroughfare and Bridge Fee
Program as though the property were within the
unincorporated area of the County."
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Applicant:
City -initiated pursuant to State Law.
Written Communications:
Report dated March 19, 1985, from the Director of Community
Planning and Development, advising that if protests are
received by less than 25 percent of the registered voters or
property owners, the City may order the annexation
completed. Computation of the protest percentage and
finalization of the annexation, if under 25 percent protest,
is to be done at a subsequent Council meeting, not less than
30 days after the protest hearing.
Larry Lawrence, Senior Planner, made an oral presentation,
and addressed some of the residents' remaining concerns
regarding the Major Thoroughfare and Bridge Fee Program, the
City's involvement in the San Joaquin Corridor, status of
the private streets, sewer connection vs septic tanks, and
existing nonconformities allowed under the County's zoning
ordinance. He advised that the Fee Program would be applied
to undeveloped property only; that the City would remain
involved in the San Joaquin Corridor Program whether the
annexation was completed or not; that the private streets
could remain private; that when a sewer was installed that
could serve the area, residents would not be required to
connect, barring unforseen health problems; and, that the
City's Municipal Code provided that any structure which was
legal under the County's law could remain as if it were
still in the County.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and the following
persons responded in support of the annexation:
(1) Bob King, 29422 Spotted Bull Way, requested that
existing situations be grandfathered into the City.
The Director of Community Planning and Development
advised that any nonconformity lawfully established
under County ordinances would be accepted.
(2) Jack Lulofs, 29552 Spotted Bull Lane, stated his
support of the annexation.
(3) George Grupe, 29542 Spotted Bull Lane, spoke in support
of sewer service to the area and noted various
concerns, including the San Joaquin Corridor connection
to the I-5 freeway. Mayor Hausdorfer advised that the
City had a policy of attempting to provide sewer
service as much as possible to any existing residences,
but connection would not be required in this area; that
the City was sensitive to the San Joaquin Corridor
connection to the I-5 freeway and would keep the
residents informed.
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(4) Russell Burkett, 29520 Spotted Bull Lane, cited
concerns with widening of Marguerite Parkway. He was
advised that widening may occur with the San Joaquin
Corridor, if not, residents would be notified should
the City decide to undertake the project.
(5) Dan Possnack, 15664 Palomino, Chino, Vice President of
Chaarani & Associates, spoke on behalf of _
Mr. Abdelmutti, to advise of his continuing cooperation
with the City.
There being no further response, Mayor Hausdorfer closed the
Hearing with the right to re -open at any time.
Final Determination:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to schedule a final
determination of the matter for the May 7, 1985, meeting.
Staff was directed to notify residents of any matters
affecting their area.
ORDINANCES
FORTUNE-TELLING AND OTHER LAND USES - PROHIBITING CERTAIN LAND
USES PENDING COMPLETION OF ZONING STUDY. ORDINANCE NO. 534
These items on the Agenda were considered concurrently.
Written Communications:
Report dated March 19, 1985, from the City Attorney,
advising that a recent court decision, Spiritual Phychic
Science Church v. City of Azusa (1984), 155 CA 3d 1067, held
a City of Azusa ordinance prohibiting fortune-telling
activities within that City to be a violation of the First
Amendment of the United States and California Constitutions;
that the case is on appeal before the California Supreme
Court. Due to the legal uncertainty involved, the report
recommended repeal of Municipal Code Sections 5-7.01 through
5-7.03 prohibiting fortune-telling and adoption of an
ordinance prohibiting such land uses during an interim
period while a comprehensive zoning study is undertaken.
Adoption of Ordinance No. 534, Prohibiting Certain_
Land Uses:
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 Bland, that the following
Ordinance be adopted:
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483
ORDINANCE NO. 534, PROHIBITING CERTAIN LAND USES
PENDING ZONING STUDY (URGENCY) - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROHIBITING
CERTAIN LAND USES PENDING THE INITIATION AND
COMPLETION OF A ZONING STUDY PURSUANT TO GOVERNMENT
CODE SECTION 65858 (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
This Ordinance shall be of no further force and effect 45
days from the date of adoption, or May 3, 1985, unless
extended. The Ordinance take effect immediately.
In
Ordinance to Repeal
Sections:
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 Bland, that the following
Ordinance be introduced:
NO. 535
CHAPTER 7
OF THE MUNICIPAL CODE RELATING TO FORTUNE-TELLING - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REPEALING CHAPTER 7, "FORTUNE-TELLING,"
OF TITLE 5, "PUBLIC WELFARE," OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
RESOLUTIONS
1. ESTABLISHMENT OF "NO PARKING" ZONES - DEL OBISPO STREET
Written Communications:
Report dated March 19, 1985, from the Director of Public
works, advising that pursuant to Council direction on
January 8, 1985, a resolution was forwarded to establish
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4 84 permanent "No Parking" zones along the northbound side of
Del Obispo Street from 400 feet north of Windjammer Drive to
Paseo Terraza, and along the southbound side of Del Obispo
Street from Windjammer Drive to Paseo Terraza. Funds in the
amount of $500 were available in Account 01-4440-213-460 for
red -painting the curbs; funds in the amount of $400 were
available in Account 01-4440-266-460 for purchase of
materials necessary to install "No Parking" signs.
Establishment of "No Parking" Zones:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim to adopt the Resolution. Following discussion and
with the concurrence of the second, the motion was amended
to include direction that the "No Parking" Zone on the east
side of Del Obispo extend from Paseo Terraza to the southern
boundary of the Vermeulen property, including adequate sight
distance.
RESOLUTION NO. 85-3-19-3, ESTABLISHING "NO PARKING"
ZONES - DEL OBISPO STREET - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING" ZONES ON THE
NORTHBOUND AND SOUTHBOUND SIDES OF DEL OBISPO STREET,
FROM WINDJAMMER DRIVE TO PASEO TERRAZA
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
2. AMENDMENT TO RESOLUTION NO. 83-7-5-1, DEVELOPMENT FEES
Written Communications:
Report dated March 19, 1985, from the Director of Community
Planning and Development, forwarding a Resolution amending
the Development Fees and Surety Schedules to establish a
separate Conditional Use Permit fee for commercial satellite
dish antennas as directed by Council on March 5, 1985. The
fee was established at $500.
Establishment of Fee for Commercial Satellite Dish Antennas:
it was moved by Councilman Buchheim, seconded by Councilman
Schwartze that the following Resolution be adopted:
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485
RF.SnT,IITTON NO. 85-3-19-4, AMENDMENT TO RESOLUTION
NO. 83-7-5-1 DEVELOPMENT FEES AND SURETY 6Ct1L'_UU1,14b -
SATELLITE DISH ANTENNA FEES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 6.B OF RESOLUTION NO. 83-7-5-1,
DEVELOPMENT FEES AND SURETY SCHEDULES, BY ESTABLISHING
A SPECIFIC FEE SCHEDULE FOR A CONDITIONAL USE PERMIT
ASSOCIATED WITH A SATELLITE DISH ANTENNA
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1.
IVE FENCE, CAPIS
TE (ASSESSMENT D
fulik1161AM
Written Communications:
Report dated March 19, 1985, from the Director of Public
Works, requesting that construction of the fence at the
Capistrano Acres Mutual Water Company well site by Pacific
Fence Company be accepted as complete; the fence will be
owned and maintained by the Capistrano Acres Mutual Water
Company.
Payment status was as follows:
Total Construction Costs $6,130.92
Less 10% Retention 613.09
Payment Due Contractor 5,517.83
Costs of the fence were shared by the Ortega Properties and
Assessment District 78-3 as follows:
Assessment District Total $3,148.38
Ortega Properties Total 4,392.65
Ortega Properties had deposited $5,000 toward the
construction and will receive a refund of $607.35.
Acceptance of Work:
It was moved by Councilman Bland, seconded by Councilman
Buchheim that the following Resolution be adopted:
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2.
RESOLUTION NO. 85-3-19-5, COMPLETION OF DECORATIVE
FENCE - CAPISTRANO ACRES MUTUAL WATER COMPANY WELL
SITE (PACIFIC FENCE COMPANY) - 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
THE DECORATIVE FENCE AT THE CAPISTRANO ACRES
MUTUAL WATER COMPANY WELL SITE (PACIFIC FENCE
COMPANY)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution accepted the work as complete in the amount
of $6,130.92 and directed the City Clerk to forward a Notice
of Completion to the Orange County Recorder. Staff was
authorized to make payment in the amount of $5,517.83 to
Pacific Fence Company; payment of $613.09 to Pacific Fence
Company and a refund of $607.35 to Ortega Properties were
authorized 35 days after recordation of the Notice of
Completion.
AWARD OF CONTRACT - 1985 WEED ABATEMENT PROGRAM
TRACTOR SERVICE) (406.048/610)
PLE'S
Written Communications:
Report dated March 19, 1985, from the Director of Public
Works, forwarding results of bids received on March 8, 1985,
for the 1985 Weed Abatement Program.
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Bland and unanimously carried to award the 1985 City Weed
Abatement Contract to the low bidder, Apple's Tractor
Service, of Norwalk, in the amount of $26,240, and to reject
all other bids.
3. MICROWAVE HUBSITE LEASE - KRUM RESERVOIR (STORER CABLE
0nMMT7MTnAMTnMCI IAOr Gnn/A17 91
Written Communications:
Report dated March 19, 1985, from the Director of
Administrative Services, forwarding a lease between Storer
Cable Communications and the City for a microwave hubsite to
be located at the Krum Reservoir site. The report set forth
considerations that the City will receive, including $1,000
upon execution of the Agreement and use of video equipment
during the term of the lease. The lease will run for 5
years or terminate at the end of the most current franchise
agreement, whichever occurs first.
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487
Martha Corrales, General Manager, Storer Cable
Communications, 27402 Camino Capistrano, Suite 220, Laguna
Niguel, 92677, advised Council regarding pole permits and
the easement for trunklines over Glendale Federal property.
Approval of Lease Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to approve the Lease Agreement
between Storer Cable Communications and the City for a
microwave hubsite to be located at Krum Reservoir. The
Mayor and City Clerk were authorized to execute the
agreement on behalf of the City.
RECESS AND RECONVENE
Council recessed at 9:18 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:19 p.m.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF PLANNING C
RE SOUND AND PATIO
This item was continued from the meeting of March 5, 1985.
Written Communications:
(1) Report dated March 19, 1985, from the Director of
Community Planning and Development, requesting a
continuance of the item.
(2) Letter dated March 13, 1985, from John B. Markley, Vice
President, The William Lyon Company, 19 Corporate
Plaza, P.O. Box 7520, Newport Beach, 92658-7520,
requesting a continuance to the meeting of April 2,
1985.
Continuation to April 2, 1985:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to continue the item to
the meeting of April 2, 1985.
DIRECTOR OF PUBLIC WORKS
1. SWALLOWS DAY PARADE STATUS REPORT (105.14)
Written Communications:
Report dated March 19, 1985, from the Director of Public
Works, advising that all concerns have been addressed and
all permits attained. The report forwarded a parade
overview and description of major activities.
With the concurrence of Council, Mayor Hausdorfer ordered
the report received and filed.
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488
DIRECTOR OF COMMUNITY SERVICES
1. QUARTERLY RECREATION ACTIVITIES REPORT, FALL 1984 (706.1)
Written Communications:
Report dated March 19, 1985, from the Director of Community
Services, forwarding the Community Services Activities
Report for Fall, 1984.
With the concurrence of Council, Mayor Hausdorfer ordered
the report received and filed.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS (140.4
The Report dated March 19, 1985, from the Director of
Community Planning and Development, regarding actions taken
by the Planning Commission at their meeting of March 12,
1985, was ordered received and filed.
COUNCIL REMARKS
1. MEETING ATTENDANCE (104.5
Councilman Schwartze advised he may be unable to attend the
Council meeting of April 2, 1985.
2. LEAGUE OF CALIFORNIA CITIES (106.15
Councilman Schwartze advised that discussion had occurred
regarding the Regional Hazardous Waste Advisory Committee.
He advised there would be no hazardous waste sites in Orange
County, however, there were major concerns regarding interim
sites and transportation routes. He will keep Council
informed.
3. CITY SEAL (103.4)
Councilman Schwartze suggested consideration be given to
redesigning the City Seal; that it is sometimes illegible
and there may be some value in reorganizing the Seal to
reflect aspects of the City other than the Mission.
4. EMPLOYEE IDENTIFICATION (500.1)
Councilman Buchheim cited a need for identification of City
Inspectors at job sites and suggested a cap with a City
emblem or some type of identification. The City Manager
advised Staff had been working on identification badges and
would include the suggestion for review.
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5. SAFE ROUTE TO
Councilman Friess was advised that right-of-way improvements
on the east side of Del Obispo Street will end at the
Vermeulen project; however, the remaining area to the north
will be completed by the City as a Capital Improvement.
6. RESPONSE TO COMMUNICATIONS (111.1)
Councilman Friess cited the following three letters
received:
(a) Letter dated March 1, 1985, from the Meredith Canyon
Homeowners Association, regarding notification of the
entire membership on matters affecting their community.
Discussion ensued regarding City notification policy;
(b) Letter dated March 11, 1985, from Bob Gregg, 31589
Aguacate Road, regarding drainage problems and the
equestrian trail. Mr. Julian advised that a response
had been prepared and the problem was being handled;
and,
(c) Letter dated March 14, 1985, from Carolyn Boyle, 25882
Paseo de Juanita, regarding a request for a Conditional
Use Permit fee waiver in the Los Rios area. Councilman
Friess requested an off -agenda report.
7. EXTERIOR LIGHTING (418.3)
Councilman Bland noted that the excessive exterior lighting
of one home in the Peppertree Bend area had been mitigated;
he was advised that one home was still in violation and the
matter was being handled by staff.
8. USED CARS FOR SALE (309.4)
Councilman Bland noted the "used car lot" appearing on
weekends on the vacant lot next to the Drive -In and was
advised that the Code violation was being pursued.
9. FIESTA ASSOCIATION PRESIDENT (105.14)
Councilman Bland noted that Fiesta Association President
Mac McDowell had suffered a heart attack and was at San
Clemente General Hospital; he requested a remembrance be
sent.
10. ST. JOSEPH'S DAY FESTIVITIES AT MISSION (114.1)
Mayor Hausdorfer advised he had attended the St. Joseph's
Day festivities at the Mission and had presented Paul Arbiso
with the Resolution of Commendation adopted by Council on
March 5th.
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49f►
11. PARKING ON CALLE ARROYO/ST. MARGARET'S SCHOOL (309.4)
Council concurred with Mayor Hausdorfer's suggestion that
staff review the possibility of installing a temporary
passenger loading zone on Calle Arroyo adjacent to
St. Margaret's School.
12. ZIEBARTH PERMITS/TRACT 9030 (316.1)
Mayor Hausdorfer cited a letter to Gary Ziebarth regarding
expiration of permits and requested that Council be kept
informed of progress on the matter.
CLOSED SESSION
Council recessed to a Closed Session at 9:42 p.m., for discussion
of personnel matters, the Deputy City Clerk being excused
therefrom, and reconvened at 10:22 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:22 p.m., to the next regular meeting date of
Tuesday, April 2, 1985, at 7:00 p.m., in the City Council
Chamber.
ATTEST:
Y L AUSDORFER, MAYOR
Z7j
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
Cheryl . 7D - .
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