85-0507_CC_Minutes_Regular Meeting527
MAY 7, 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 Schwartze at
7:02 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman
Gary L. Hausdorfer.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: Anthony L. Bland, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard,
Assistant 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 Meeting of April 16, 1985:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of April 16,
1985, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
-1- 5/7/85
528
PRESENTATIONS AND COMMENDATIONS
1. SLIDE PRESENTATION - MUNICIPAL CLERK'S WEEK (102.101)
Written Communications:
Report dated May 7, 1985, from the City Clerk, advising that
since Municipal Clerks Week occurs during the month of May,
it was appropriate to make the presentation at this time.
The City Clerk made the slide presentation entitled
"Introducing the City Clerk," advising that during her
Presidency of the Southern California City Clerks'
Association, the audio/slide presentation was compiled to
explain the role of City Clerks in municipal government.
The Mayor commended Mrs. Hanover for an excellent job.
2. PROCLAMATION - MISS SAN JUAN CAPISTRANO WEEK
MAY 13 - 19, 1985, AND INTRODUCTION OF CONTESTANTS (105.4)
Written Communications:
Report dated May 7, 1985, from the City Clerk, advising that
the 16th Annual Miss San Juan Capistrano Contest, sponsored
by the Chamber of Commerce, will be held on Sunday,
May 19th, in the courtyard of the Library. Miss San Juan
and her Princesses represent the City at various community
events throughout the year. The report forwarded a
Proclamation encouraging support of the event and attendance
at the May 19th contest and judging.
Mayor Schwartze read the Proclamation in full and, with the
consensus of Council, proclaimed the week of May 13 - 19,
1985, as Miss San Juan Capistrano Week. Tamra Davis,
Committee Chairman, and Christa Forster, 1984 Miss San Juan
Capistrano, were present to accept the Proclamation and
invited Council to attend the event. The contestants
introduced themselves to Council.
3. PROCLAMATION - TRIATHLON RECOGNITION D.
Written Communications:
Report dated May 7, 1985, from the Senior Administrative
Assistant, forwarding a Proclamation extending a welcome to
all athletes participating in the 1985 Bud Light United ^
States Triathlon Series bicycle race, a portion of which
will be held in San Juan Capistrano on August 4, 1985.
Mayor Schwartze read the Proclamation in full and, with the
consensus of Council, proclaimed August 4, 1985, as
Triathlon Recognition Day. Nick Curl, Southern California
Operations Manager, was present to accept the proclamation.
-2- 5/7/85
529
4. PROCLAMATION - HISTORIC PRESERVATION WEE]
MAY 11 - 19,1985 (114.2)
Written Communications:
Report dated May 7, 1985, from the Secretary of the Cultural
Arts and Heritage Commission, advising that the National
Trust for Historic Preservation and local preservation
organizations throughout the country were sponsoring
Historic Preservation Week 1985. The report forwarded a
Proclamation promoting a greater awareness of and
appreciation for our nation's historical and cultural
resources. The Cultural Arts and Heritage Commission will
be sponsoring various events, including an exhibit and
reception at the Library, and open house tours and a
reception in the Los Rios area.
With the consensus of Council, Mayor Schwartze proclaimed
the week of May 11 - 19, 1985, as Historic Preservation
Week. Cultural Heritage Commission Member Tony Forster was
present to accept the proclamation.
PROCLAMATION - TRAFFIC SAFETY WEEK
MAY 19 - 25, 1985 (114.2)
Written Communications:
Report dated May 7, 1985, from the City Clerk, forwarding a
request from the California Office of Traffic Safety for
observance of California Traffic Safety Week.
With the consensus of Council, Mayor Schwartze proclaimed
the week of May 19 - 25, 1985, as Traffic Safety Week.
PRESENTATION OF FUNDS (SAN JUAN BEAUTIFUL, INC.) (105.12
Written Communications:
Report dated May 7, 1985, from the City Clerk, advising that
Marge Baumgartner, President of San Juan Beautiful, would be
in attendance to advise of the organization's pledge of
funds toward City beautification this year.
Mrs. Baumgartner and Treasurer Jackie Straton, presented two
checks; one in the amount of $500 for plant material in the
new City Hall lobby/solarium area; and, one in the amount of
$2,000 for further landscaping at the library. Mayor
Schwartze expressed the City's appreciation for the gift of
funds and for the organization's civic -minded endeavors.
INTRODUCTION OF ASSISTANT CITY MANAGER (102.302)
Mayor Schwartze introduced Glenn Southard, Assistant City
Manager, who commenced employment with the City on April 29,
1985.
-3- 5/7/85
530
ORAL COMMUNICATIONS
1.
COMMITTEE HEARING
Larry Streelman, 25701 Windjammer Drive, cited drainage and
flooding problems encountered due to development of the Bear
Brand Ranch and advised that the tract will be considered by
the Orange County Subdivision Review Committee on May 22,
1985. He requested City involvement at that hearing to
assure adequate and proper drainage would be required.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, 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, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated May 7, 1985, Warrant Register No.
85-111, in the total amount of $518,037.90, was approved as
submitted.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20
The City Treasurer's Report of Fund Cash Balances as of
March 31, 1985, in the total amount of $240,560.28, was
approved as submitted.
3. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(133.4)
The Report dated May 7, 1985, from the Secretary of the
Cultural Arts and Heritage Commission, regarding actions
taken at the meeting of April 25, 1985, was ordered received
and filed.
4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4)
The Report dated May 7, 1985, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of April 25, 1985, was ordered received and
filed.
-4-
5/7/85
5.qI
5. REPORT OF TRAFFIC AND TRANSPORTATION
The Report dated May 7, 1985, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of April 10 and 24, 1985, was ordered
received and filed.
6. PARCEL MAP 84-851, CALLE PERFECTO (CAPI
As set forth in the report dated May 7, 1985, from the
Director of Public Works, Parcel Map 84-851 (Capistrano
Associates) was approved with the determination that said
map is consistent with the General Plan of the City and in
substantial compliance with the approved tentative map. The
Mayor and City Clerk were directed to execute the
Improvement Agreement on behalf of the City; the City Clerk
was directed to forward the agreement to the Orange County
Recorder.
7. CLAIM AGAINST THE CITY (LEHR) (402.72
9.
As set forth in the report dated May 7, 1985, from the City
Clerk, the Claim filed on November 19, 1985, by Attorney
Victor Vartanian, on behalf of Robert L. Lehr, for injuries
allegedly sustained in an unpaved dirt area between the
sidewalk and the curb in the vicinity of the school playing
field located between Del Obispo Elementary School and Marco
Forster Junior High School, at the corner of Del Obispo
Street and Camino del Avion, was denied and referred to the
City's Claims Adjuster, Dan Gorman Insurance Agency.
AMENDMENT TO CC&R'S, TRACT 8460, (CAPTAIN'S
HOMEOWNERS ASSOCIATION) (316.1)
As set forth in the report dated May 7, 1985, from the
Director of Community Planning and Development, the request
to amend the adopted CC&R's for Tract 8460, as part of a
settlement agreement between the Homeowners' Association and
the owner of Lot 113 (Dowde) was approved. The amendment
related to the granting of an easement by the Association to
the owner of Lot 113 to encompass repairs and rehabilitation
of the private patio wall and patio slab.
As set forth in the report dated May 7, 1985, from the City
Clerk, a Public Hearing was set for the meeting of Tuesday,
-5- 5/7/85
532
May 21, 1985, on the appeal of the Planning Commission's
approval of a Conditional Use Permit for Sycamore Trails
Stables, as filed by Capistrano Villas Homeowners
Association No. 1.
10. CHANGE ORDER NO. 3 - EXTRA WORK, CITY HALL REMODEL _
(MEANS AND ULRICH) (302.8)
As set forth in the report dated May 7, 1985, from the
Senior Administrative Assistant, Change Order No. 3, was
approved in the total amount of $750, for additional costs
related to the redesign and relocation of the air
conditioning system.
11. JOINT PARKING AGREEMENT, CONDITIONAL USE PERMIT 84-10
(CONRAD/FERRANTELLI) (322.5/406.604)
As set forth in the report dated May 7, 1985, from the
Director of Community Planning and Development, the Joint
Parking Agreement between Ronald L. and Barbara D. Conrad,
Pasta House Ferrantelli, and the City, required as a
condition of Conditional Use Permit 84-10, to allow
expansion of the Pasta House Ferrantelli, was approved. The
Mayor and City Clerk were authorized to execute the
agreement on behalf of the City. The City Clerk was
directed to forward the agreement to the Orange County
Recorder.
PUBLIC HEARINGS
1. TRANSFER OF STORER CABLE COMMUNICATION FRANCHISE AREAS
TO TIMES MIRROR CABLE TELEVISION (417.2/417.3)
Proposal:
Hearing held pursuant to Council action on April 16, 1985,
to review amendments to the Times Mirror Cable Television
franchise.
Applicant:
Storer Cable Television, 27611 La Paz Road, Laguna Niguel,
92677, and Times Mirror Cable Television, 27402 Camino
Capistrano, Suite 220, Laguna Niguel, 92677.
Written Communications: _
Report dated May 7, 1985, from the Director of
Administrative Services, setting forth significant
amendments to the Times Mirror franchise. The City would
receive a $5,000 transfer fee to cover administrative and
legal costs. Upon Council approval of the transfer, the
franchise fee may be raised from 3% to 5% in accordance with
the Cable Television Policy Act of 1984; however, such
increase was not recommended at this time. Cable
-6- 5/7/85
533
subscribers transferred to Times Mirror would not be subject
to an immediate rate increase except in accordance with the
Federal Act which calls for a 5% increase in January, 1986,
and total deregulation on January 1, 1987. The report also
advised that a letter agreement had been developed pursuant
to the Times Mirror request that the franchise be
transferred to Times Mirror of North Little Rock, Arkansas.
The letter agreement provides assurance that California
courts will be the appropriate legal forum to resolve any
disputes and that Times Mirror of Orange County, Inc., will
administer the San Juan Capistrano ordinance.
The Director of Administrative Services made an oral report,
advising that the transfer had been approved at the Federal
level and required approval at the local level. The City
Attorney clarified that the entire process of approving the
transfer was made contingent on the acquisition of Storer
Cable TV by Times Mirror Cablevision.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and the following persons
responded:
(1) David Hanson, 31171 Calle del Campo, advised of poor
quality reception on low -band channels and Storer Cable
TV's lack of response.
(2) James Thorpe, 27952 Calle Santa Ynez, suggested
consideration be given to requiring local programming
and a public access channel. He was advised that Times
Mirror has made that service available for a number of
years.
There being no further response, Mayor Schwartze closed the
Public Hearing with the right to re -open at any time.
Approval of Amendments/Repeal of Ordinance Nos. 333 and 390:
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
Hausdorfer, seconded by Councilman Friess, that the
following Ordinance be introduced:
ORDINANCE NO. 539, NON-EXCLUSIVE FRANCHISE (TIMES
MIRROR CABLE TELEVISION) - AMENDING ORDINANCE NO.
RELATING TO THE NON-EXCLUSIVE FRANCHISE OF TIMES
CABLE TELEVISION AND REPEALING ORDINANCES NOS. 33
awn iqn
-7- 5/7/85
53�
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland _
Approval of Franchise Transfer/Letter Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to approve the
transfer of the Storer franchise to Times Mirror of North
Little Rock, Arkansas, and the letter agreement dated May 2,
1985, which provides that Times Mirror of Orange County will
manage and operate the franchise and that the City will have
the right to resolve any dispute in California courts.
All approvals are contingent upon the acquisition of the
Storer Cable Television franchise by Times Mirror Cable
Television and, in any event, will not be effective prior to
30 days following the adoption of the above ordinance.
2. VACATION OF EASEMENT FOR PUBLIC INGRESS AND EGRESS,
l Mm L+ x IAA' O\
Proposal:
Hearing held pursuant to Council action of April 2, 1985, to
consider the vacation of a 60 -foot -wide easement over the
Capistrano Inn property contiguous to the easterly property
line and perpendicular to Ortega Highway.
Applicant:
E. Fred Grether, Co -Owner, Best Western Capistrano Inn,
27174 Ortega Highway.
Written Communications:
Report dated May 7, 1985, from the Director of Public Works,
forwarding a Resolution ordering the vacation of the
easement.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Approval of Vacation of Easement: r
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 85-5-7-1, VACATION OF A PORTION OF
EASEMENT FOR STREET AND HIGHWAY PURPOSES (CAPISTRANO
INN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE VACATION
OF A PORTION OF AN EASEMENT FOR STREET AND HIGHWAY
PURPOSES (CAPISTRANO INN)
-8- 5/7/85
535
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
The City Clerk was directed to forward a certified copy of
the Resolution to the Orange County Recorder's Office.
3. TEMPORARY STREET CLOSURES, SUNDAY, AUGUST 4, 1985, UNITED
Proposal:
Temporary closure of two locations on northbound Camino
Capistrano along the route of the "Short Course" Triathlon
bicycle event proposed to pass through the City on Sunday,
August 4, 1985. The event was originally scheduled for
June 16, 1985, and was approved by Council on April 2, 1985.
A new parade permit was submitted and a new certificate of
insurance will be prepared; the City received the $5,000
cash deposit to provide for reimbursement of all City costs
incurred. Except for the date change, all aspects of the
race remain the same.
Applicant:
Nick Curl, Southern California Operations Manager, United
States Triathlon Series, 7401 West 90th Street, Los Angeles,
California 90045.
Written Communications:
Report dated May 7, 1985, from the Director of Public Works,
forwarding the new parade permit and recommendation of
approval.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Approval of Street Closures:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to approve the
temporary street and intersection closures along Camino
Capistrano from the southerly City limits to the northerly
City limits from 6:30 a.m., to 9:30 a.m., on Sunday,
August 4, 1985; and, to approve issuance of the parade
permit by the City Clerk.
-9- 5/7/85
536
ORDINANCES
1. ADOPTION OF NATIONAL ELECTRICAL CODE, 1984 EDITION
(102.802/418.1)
Written Communications:
Report dated May 7, 1985, from the City Clerk, advising that
the Ordinance was introduced at the meeting of April 16, _
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 Friess, that the following
Ordinance be adopted:
ORDINANCE NO. 536
MUNICIPAL CODE (BUILDING REGULATIONS) - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
CHAPTER 4, OF TITLE 8 OF THE MUNICIPAL CODE BY ADOPTING
THE NATIONAL ELECTRICAL CODE, 1984 EDITION
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
2. ORDINANCE PROHIBITING CERTAIN LAND USES PENDING COMPLETION
OF ZONING STUDY (URGENCY) (418.1)
Written Communications:
Report dated May 7, 1985, from the City Attorney, forwarding
an urgency ordinance prohibiting fortune-telling and other
related uses for an interim period while a zoning study is
undertaken. Council adopted this same ordinance at their
meeting on March 19, 1985, for an interim period of 45 days.
That ordinance expired on May 3, 1985.
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
Hausdorfer, seconded by Councilman Buchheim, that the
following Ordinance be adopted:
ORDINANCE NO. 537, PROHIBITING CERTAIN LAND USES
PENDING ZONING STUDY (URGENCY) - AN ORDINANCE OF THE
CITY COUNCIL 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)
-10- 5/7/85
537
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
Restricted uses include such items as fortune-telling, palmistry,
adult book stores, sewer plants, etc.
The Ordinance takes effect immediately for a period of 45 days
ending June 21, 1985.
3. INTERIM ORDINANCE PROHIBITING SEVERE TREE TRIMMING (URGENCY)
Written Communications:
(1) Report dated May 7, 1985, from the Director of
Community Planning and Development, forwarding an
Urgency Ordinance prohibiting severe tree trimming.
The Planning Commission made the recommendation at
their meeting of April 9, 1985, in response to the
large number of trees in highly visible view corridors
that had been severely trimmed. The Ordinance was
prepared pursuant to Council direction on April 16,
1985.
(2) Report dated May 7, 1985, from the City Attorney citing
the City's legal authority for the Ordinance and
discussing key provisions.
With the aid of a slide presentation, the Director of
Community Planning and Development made an oral report,
citing the Planning Commission concerns. The following
persons addressed Council in concurrence with the action:
(1) David Hanson, 31171 Calle del Campo;
(2) Larry Streelman, 25701 Windjammer Drive.
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
Hausdorfer, seconded by Councilman Buchheim that the
following Ordinance be adopted:
ORDINANCE NO. 538, PROHIBITION OF SEVERE TREE TRIMMING
- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROHIBITING SEVERE TREE TRIMMING ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858 (URGENCY)
-11- 5/7/85
5
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
The Ordinance takes effect immediately for a period of 45 days
ending June 21, 1985. Staff was directed to prepare regulations
for consideration and inclusion in the Municipal Code.
RESOLUTIONS
1. ACCEPTANCE OF PARKLAND, LOT J, TRACT 7626 (SUNHOLLOW)
(316.1)
Written Communications:
Report dated May 7, 1985, from the Director of Public Works,
recommending acceptance of Lot J of Tract 7626, to allow
construction of that portion of the Vereda Bikeway which
traverses the area. Lot J is a 0.5 -acre parcel south of
Calle Arroyo, west of the Sunhollow RV storage, and will be
incorporated into part of the Cook Park Wilderness Area.
Acceptance of Lot J in Fee Simple:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
RESOLUTION NO. 85-5-7-21 ACCEPTANCE OF LOT J, TRACT
7626 (SUNHOLLOW) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING
IN FEE SIMPLE LOT J, TRACT 7626 (SUNHOLLOW)
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
2. INTENT TO VACATE A PORTION OF CALLE AVIADOR PARCEL MAP
on-oct /n TT1rCmDTTin TQCnnTAMWCI /Q91 11
Written Communications:
Report dated May 7, 1985, from the Director of Public
Works, advising that Tract 10564 required the extension of
Calle Aviador from its present terminus to Calle Perfecto;
that Parcel Map 84-851, a conditionally -approved
resubdivision of a portion of Tract 10564, provides a
private drive from Calle Aviador to Calle Perfecto instead
of a public Street. A public hearing was recommended to
consider vacation of the previous street extension.
-12- 5/7/85
539
Declaration of Intent:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
INTENT TO
re) a
UALih AylALVlt - A Az'S VLullvn Ur inn r X v --
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS
INTENTION TO VACATE A PORTION OF CALLE AVIADOR AT CALLE
PERFECTO
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
The Resolution set a Public Hearing on June 4, 1985, at 7:00
p.m, in the City Council chamber.
SENATE BILL 290 REGARDING GAS TAX SUBVENTIONS (214.6)
Written Communications:
Report dated May 7, 1985, from the Director of Public Works,
forwarding a resolution supporting Senate Bill 290, which
proposes to provide additional funding for transportation
facilities; the bill would increase gas taxes by five cents
per gallon, of which three cents would be directed toward
the needs of cities and counties. The bill would also
include increases in the truck weight fees and incentives
for transit systems.
Discussion:
Citing the necessity to obtain funding for transportation,
Councilman Hausdorfer moved to adopt the Resolution; the
motion was seconded by Mayor Schwartze. Discussion ensued
and Councilmen Buchheim and Friess cited concerns with
allocation of funding to cities and rapid transit and
expressed a desire to withhold action at the present time.
It was clarified that two cents would be allocated to the
State Highway Program, not rapid transit. Councilman
Hausdorfer suggested staff research the concerns and
determine how much gas tax the City presently receives and
whether it is adequate. With the concurrence of the second,
the motion was withdrawn.
Item Continued:
With the concurrence of Council, Mayor Schwartze directed
staff to research the matter and report at the meeting of
May 21, 1985.
-13- 5/7/85
5,40
4.
C PROGRAM
COUNTY MUNICIPAL COURT)
Written Communications:
Report dated May 7, 1985, from the Director of
Administrative Services, forwarding a resolution certifying
that County jail inmates are covered for Worker's
Compensation and liability insurance during the time they
work in the City, pursuant to a request from Judge Iles of
the South Orange County Municipal Court. The City has been
using County jail inmates to pick up trash and litter along
roadways. Costs for supervision, administration, and
Worker's Compensation premiums are minimal; the City has a
potential $50,000 liability exposure.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
LiyY
-5-7-4
CEP011110
k,uuNT1 i.uunT wvxA rnuuxlui (J111L-Lllm1uroy - ( A[ ouV ul1vn
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE SOUTH ORANGE COUNTY COURT
TO PROVIDE JAIL INMATES FOR WORK PROGRAMS AND
CERTIFYING THAT INMATES WORKING FOR THE CITY WILL BE
COVERED FOR LIABILITY AND WORKER'S COMPENSATION
INSURANCE
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
BIDS, CONTRACTS, AGREEMENTS
SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS, CITY YARD
DRAINAGE OUTLET TO SAN JUAN CREEK (C906.30)
Written Communications:
Report dated May 7, 1985, from the Director of Public Works,
requesting approval of plans and specifications for
improvement of the area between the City Yard and the San
Juan Creek levee. Funds were budgeted in the 1984-85
budget, Account No. 06-4715-530. The Engineer's Estimate
for the work was $18,500.
Approval of Plans/Specifications and Call for Bids:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to approve the plans and
specifications for the project entitled, "City Yard Drainage
to San Juan Creek" and to authorize a call for bids.
-14- 5/7/85
541
RECESS AND RECONVENE
Council recessed at 8:06 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:10 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. AUTHORIZATION TO SEND
483 AND SENATE BILLS
TION TO
Written Communications:
(1) Report dated May 7, 1985, from the Senior
Administrative Assistant, advising that a report would
be submitted upon receipt of the correct bills and
analysis of their provisions and potential impacts.
(2) Supplemental Report dated May 7, 1985, from the Senior
Administrative Assistant, noting that under existing
State law, rental rates may be established at any level
which is mutually agreed to between an owner and
tenant, unless a local ordinance has been adopted which
regulates rental rates to the contrary. The report set
forth the potential impacts of the three bills, which
would revise current law; and, unless financial
assistance were provided, would either negate the City's
ability to regulate mobilehome rental rates or would
negate the City's ability to apply its ordinance to new
rental units and gradually exempt currently regulated
units from the applicability of the ordinance. The
report noted that mobilehome rentals were not
specifically cited in the bills, but it was assumed the
provisions would apply.
Mayor Schwartze made an oral report, advising that in
addition to the proposed letters of opposition, he would make
contact with Senator Seymour and Assemblyman Costa.
Authorization to
It was moved by Counci
Councilman Friess, and
preparation of letters
and Senate Bills 1259
to execute the letters
CITY ATTORNEY
1.
unanimously carried to authorize the
in opposition to Assembly Bill 483
and 1263, and to authorize the Mayor
on behalf of the City Council.
Written Communications:
Report dated May 7, 1985, from the City Attorney, advising
that an agreement had been reached with Developers Insurance
-15- 5/7/85
5 42
Company for completion of the unfinished public improvements
on the Goeden subdivision tracts. The report advised that
work was to begin within 30 days of execution of the
agreement; a $50,000 contingency set aside had been agreed
to which would provide additional funding for unknown
conditions uncovered during the course of construction. The
Water District had also reached agreement with DICO.
The City Attorney made an oral report, advising that
approval of the agreement by the Water District was
required; work would begin within 30 days of approval by all
parties. Council thanked the City Attorney for his efforts.
Approval of Settlement Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to approve the
Settlement Agreement between the City, the Capistrano Valley
Water District, and Developers Insurance Company. The Mayor
and City Clerk were authorized to execute the agreement on
behalf of the City.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
STATUS REPORT FROM AGRICULTURAL PRE
Written Communications:
Report dated May 7, 1985, from the Director of Community
Planning and Development, advising that during committee
discussion the following two primary options were identified
and are being further investigated: (1) transfer of
development rights; and, (2) partial development option.
The report noted that the committee focused primarily on the
development rights program as the optimum implementation
tool to preserving the use of land for agricultural
operations. The property is currently being appraised; the
appraisal should be submitted to the committee approximately
May 30th. Upon completion of the appraisal update, the
committee will formalize the options and identify the
implementation measures associated with each. It was
anticipated that a formal report for Council review and
consideration would be submitted during the month of June.
The updated title and appraisal report will be funded from
the Agriculture Preservation Fund in the approximate amount
of $4,200.
With the concurrence of Council, Mayor Schwartze ordered the
report received and filed.
2. APPEAL OF PLANNING COMMISSION DECISION -
CONTROL 84-13 (ALLEN/SAN JUAN RENT -IT SE
This item was continued from the meeting of April 16, 1985.
-16- 5/7/85
543
Written Communications:
Report dated May 7, 1985, from the Director of Community
Planning and Development, forwarding the appellant's request
to continue the item to the meeting of May 21, 1985.
Continuance of Item:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to continue the appeal to
the meeting of May 21, 1985.
DIRECTOR OF PUBLIC WORKS
1. STATUS REPORT (SERRA) (151.1)
Written Communications:
Report dated May 7, 1985, from the Director of Public Works,
advising that the operations and maintenance continue to be
of good quality. Project Committee No. 16, Solids Handling
and Odor Control will receive grant funding for 558 of the
approved construction work; the City's proportionate share
was estimated at $800,000. Project Committee No. 19,
Expansion of approximately 3 MGD has secured engineering
services; when construction commences, the City will be
obligated to allocate financial assistance for 1.8 MGD,
which was estimated at $5 million.
Councilman Friess initiated discussion of the waiver being
sought by SERRA and there was a consensus of Council that
Councilman Buchheim and the Director of Public Works prepare
a report. Councilman Buchheim advised that on May 6, 1985,
Project Committee 16 had received Federal grant funding for
558 of the construction cost and State grant funding for 128
of the construction cost.
With the concurrence of Council, Mayor Schwartze ordered the
report received and filed.
2. APPROVAL OF SERRA BUDGETS - GENERAL FUND AND PROJECT
COMMITTEES NOS 2, 5, and 15 (151.4)
Written Communications:
Report dated May 7, 1985, from the Director of Public Works,
advising that at their April meeting, the SERRA Board of
Directors adopted the 1985-86 SERRA Budgets subject to
approval of the member agencies. The report forwarded
proposed budgets and the City's proportionate share, in the
total amount of $810,245, for the General Fund and Project
Committee Nos. 2, 5, and 15.
Approval of SERRA Budgets:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to approve the
proposed 1985-86 SERRA budgets and the City's participation
in the General Fund at $8,580; Project Committee No. 2 at
$770,604; Project Committee No. 5 at $26,061; and, Project
Committee No. 15 at $5,000.
-17- 5/7/85
44
COMMISSIONS. BOARDS. COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS (140.4
Councilmen Hausdorfer and Buchheim expressed concern
regarding the need to balance an inherent conflict in trying
to encourage economic development and denying requests of
businesses in town and further stated a need to achieve a
balanced approach with regard to analyses of landscaping
materials.
The Report dated May 7, 1985, from the Director of Community
Planning and Development, regarding actions taken by the
Planning Commission at their meeting of April 23, 1985, was
ordered received and filed.
COUNCIL REMARKS
1. LIBRARY - RECEIPT OF ARCHITECTURAL AWARD (702.1)
Councilman Hausdorfer cited an article in the May 7, 1985,
edition of the Los Angeles Times regarding receipt of an
A.I.A. Honor Award by the San Juan Capistrano Library.
2. LIBRARY LANDSCAPING (702.1)
In response to Councilman Buchheim, the City Manager advised
that arrangements had been made for landscaping of an area
in front of the Library belonging to the Capistrano Unified
School District.
3. COMMENDATIONS (114.1/102.801/102.701)
Councilman Buchheim commended Pamela Gibson for her efforts
in the City Hall remodel and the Director of Public Works
and staff for removal of graffiti in the flood control
channel.
4. CITY REPRESENTATION (606.1)
Councilmen Buchheim and Friess advised they will serve on
oral interview boards for appointment of Deputy Sheriff's
who will be serving in the City.
5. INSPECTIONS (114.1/102.801)
Councilman Friess commended Harold Muckey, Land Use
Inspector, for his handling of a number of miscellaneous
land use complaints.
-18- 5/7/85
545
6. NEWSPAPER COLLECTION BOXES (418.3)
Councilman Friess was advised that staff is investigating
the proliferation of newspaper collection boxes.
7. USED CARS FOR •SALE (309.4)
Councilman Friess was advised that staff was working on
installation of signs to allow enforcement against used cars
for sale at the corner of Del Obispo and Alipaz Streets.
8. SAN CLEMENTE SPHERE OF INFLUENCE (401.11)
Mayor Schwartze advised that LAFCO will conduct a hearing on
June 5, 1985, regarding the Sphere of Influence for San
Clemente. The City Manager advised that a report will be
submitted at the Council meeting of May 21, 1985.
9. LEAGUE OF CALIFORNIA CITIES - CITY SELECTION COMMITTEE
Mayor Schwartze advised of upcoming appointments to the
Airport Land Use Commission and the Orange County
Transportation Commission and there was a consensus to
support the incumbents.
CLOSED SESSION
Council recessed to a Closed Session at 8:37 p.m., for discussion
of personnel and litigation matters pursuant to Government Code
Section 56093(c), the City Clerk being excused therefrom, and
reconvened at 9:39 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:39 p.m., to the next regular meeting date of
May 21, 1985, at 7:00 p.m., in the City Council Chamber.
Respectfully submitted,
ATTEST:
eQ;
4
PHILLIP SCHWARTZE, MAYOR
-19-
MINOR �r//
&' i i
5/7/85