83-0609_CC_Minutes_Adjourned Regular Meeting173
JUNE 9, 1983
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California, was called to order by Mayor
Bland at 7:20 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: Anthony L. Bland, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
(arrived at 8:55 p.m.)
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Bob Boone,
Director of Administrative Services; William D. Murphy, Director
of Public Works; Thomas G. Merrell, Director of Community
Planning and Development; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk; Cheryl Johnson, Recording
Secretary.
MTN[1TRS
Regular Meeting of Mai 17, 1983:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze that the Minutes of the Regular Meeting of May 17,
1983, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Buchheim,
Schwartze and Mayor Bland
ABSENT: Councilman Friess
DEDICATION OF MEETING TO MEMORY OF JACK CAVERLEY
(36) The meeting was dedicated to the memory of Jack Caverley who
recently passed away. Mr. Caverley was a local businessman
and long-time resident of the City.
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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 Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: Councilman Friess
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION OF COMMENDATION - RITA CASTEEL
(36) Written Communications:
Report dated June 9, 1983, from the Senior Administrative
Assistant, forwarding a Resolution commending Rita Casteel
for her donation of time and efforts to promote and enhance
the City through participation in various organizations,
such as the Chamber of Commerce, the City's Economic
Development Committee, and the "Bookmarks". Mrs. Casteel
recently retired from her position as Manager of the San
Juan Capistrano Branch of the Bank of America.
Adoption of Resolution:
Mayor Bland read the Resolution in full and it was moved by
Councilman Buchheim, seconded by Councilman Hausdorfer that
the following Resolution be adopted:
RESOLUTION NO. 83-6-9-1, COMMENDING RITA CASTEEL -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING
RITA CASTEEL
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: Councilman Friess
i
Mrs. Casteel was present and accepted the Resolution from Mayor
Bland.
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ORAL COMMUNICATIONS
1. DOG NUISANCE - PASEO DE LA PAZ
(72) The following persons addressed Council regarding a nuisance
situation created by barking dogs housed in a kennel
situation at the Jorge Oubina residence, 25802 Paseo de la
Paz:
Dan Kemp, 25723 Admiralty Court, referred to his letter to
Council dated June 1, regarding opposition to a dog kennel
at the location. The letter requests a limit on the number
of animals kept at a private residence and a 6 -week time
limit on the keeping of puppies. Mr. Kemp advised of the
status of procedures commenced for County abatement of the
problems and emphasized the need for assistance from the
City.
Walter Wood, 25801 Paseo de la Paz, stated that Mr. Oubina
is in violation of a number of City permits and regulations
and requested that Mr. Oubina's application for a permit to
construct a structure to house horses be withheld until the
property has been brought into compliance with existing
permits.
Larry Streelman, 25701 Windjammer, cited disturbances
created by the noise and a continued misuse of the property;
and, requested City assistance on the matter.
Robert Day, 25715 Admiralty Court, advised that some of the
dogs had gotten loose and cited concern for the safety of
the children in the area.
Mayor Bland adv
possible to all
that the County
gathered toward
offered to meet
and to see that
ised that the City is taking every action
>_viate the problem; the City Manager advised
has been contacted and evidence is being
resolution of the problem. Mayor Bland
with staff to review the City's regulations
corrective action is taken.
WRITTEN COMMUNICATIONS
1. SYCAMORE STABLES (CAPISTRANO VILLAS HOMEOWNERS
ASSOCIATION NO. 1)
(72) Written Communications:
(1) Letter dated May 23, 1983, from Dean K. Szabo,
President of Capistrano Villas Homeowners Association
No. 1, regarding conditions at the Sycamore Stables and
regulation of development and activities at the
equestrian areas along Avenida de la Vista.
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(2) Letter dated June 8, 1983, from Mr. and Mrs. Alexander,
30852 Avenida de la Vista, regarding dust, odor, and a
lack of screening at the Sycamore Stables.
Mr. Szabo, 30982 Avenida de la Vista, advised that Sycamore
Stables has always been willing to make improvements, but
reiterated problems with dust. He requested a copy of the
regulations pertaining to stables.
Mayor Bland directed that a copy of the stable regulations
and Mr. Hanson's letter dated June 9, stating a willingness
to cooperate be provided to Mr. Szabo. Mayor Bland advised
that staff will work with the property owner to ensure
conformance with permitted uses and the situation will be
monitored.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, 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 Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: Councilman Friess
1. APPROVAL OF WARRANTS
(41) The List of Demands dated June 7, 1983, Warrant Register No.
83-121, in the total amount of $262,464.04, was approved as
submitted.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
MAY 23, 1983
(23) The Report dated June 9, 1983, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of May 23, 1983, was ordered received and filed.
3. REPORT OF PARKS AND RECREATION COMMISSION MEETING
OF MAY 16, 1983
(62) The Report dated June 9, 1983, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of May 16, 1983, was ordered received and filed.
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4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS
OF MAY 11 AND MAY 25, 1983
(23) The Report dated June 9, 1983, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of May 11 and May 25, 1983, was
ordered received and filed.
5. APPROVAL OF ASSESSMENT APPORTIONMENT, TRACT 11765,
ASSESSMENT DISTRICT 78-3 (FREDRICKS)
(85) As set forth in the report dated June 9, 1983, from the
Director of Public Works, re -apportionment of the
improvement bond for Assessment District 78-3 into 30 new
bonds to be carried for the remainder of the 15 years by the
individual residential units in Tract 11765, was approved
and the City Clerk directed to forward the amended
assessment diagram to the County Recorder.
6. DENIAL OF CLAIM FOR DAMAGES (MARTIN ESTATE
(35) The Claim in the amount of $10,000,000, filed on May 20,
1983, by Attorney Janet Callister on behalf of the Estate of
Vera Belle Martin, deceased, in conjunction with an accident
which allegedly occurred on Camino Capistrano on
February 19, 1983, was denied and referred to the City's
Claims Adjuster, Carl Warren Insurance, as set forth in the
report dated June 9, 1983, from the City Clerk.
7. APPEAL OF PLANNING COMMISSION DENIAL OF GRADING PLAN,
LOT 62, TRACT 6305 (SEHREMELIS HUNT CLUB)
(85) As set forth in the report dated June 9, 1983, from the City
Clerk, a hearing was set for the meeting of June 21, 1983,
on the appeal filed by Richard H. Borden on behalf of George
Sehremelis, in conjunction with the May 24, 1983, Planning
Commission denial of the grading plan for Lot 62, Tract
6305.
PUBLIC HEARINGS
1. APPROVAL OF REQUEST FOR RATE ADJUSTMENT
(SOLAG DISPOSAL) (38-#40)
(45) Proposal:
An increase of 5.98 in trash collection rates for
residential and commercial service; the proposed increases
include costs of increased landfill gate fees charged by the
County and a City -recommended additional increase of $0.01
to recover costs of County disposal fees incurred during the
City's Annual Cleanup Week Program. The proposed rates will
be effective July 1, 1983.
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1'78,
Applicant:
Solag Disposal, P. 0. Box 305, South Laguna.
Written Communications:
Report dated June 9, 1983, from the Director of Public
Works, forwarding a Resolution approving the requested rate
increases.
Councilman Buchheim advised that due to a possible conflict
of interest, he would abstain from the discussion and
voting.
Public Hearing:
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Approval of Rate Increase:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 83-6-9-2, TRASH COLLECTION RATES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING TRASH
COLLECTION RATES AND REPEALING RESOLUTION
NO. 82-10-5-2
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze and
Mayor Bland
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: Councilman Friess
The Resolution sets the following trash collection rates:
Individual Residential Units:
Weekly pick-up
Commercial Rates:
1 pick-up per week
2 pick-ups per week
3 pick-ups per week
4 pick-ups per week
5 pick-ups per week
6 pick-ups per week
$6.15 per month
$ 42.10 per month
59.83
77.57
95.31
113.05
130.80
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The Director of Public Works advised that the City's First
Clean-up Week Program is scheduled for the week of June 20.
BIDS, CONTRACTS, AGREEMENTS
1. APPROVAL OF AGREEMENT FOR ENVIRONMENTAL ASSESSMENT FOR
(38) Written Communications:
(74) Report dated June 9, 1983, from the Director of Public
Works, advising that the Federal Highway Administration has
required that an Environmental Assessment be prepared for
the reconstruction of the Camino Capistrano Bridge, and
requesting approval of an agreement with Willdan Associates
to prepare the Assessment. The report advises that
compensation, in the amount of $23,000, raises the total
design costs to $118,500; that $20,000 is budgeted under
Systems Development, and a maximum of $110,000 will be
provided by the County for the project.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the Agreement
with Willdan Associates of Anaheim, in the amount of
$23,000, to perform the Environmental Assessment for the
Camino Capistrano Bridge over San Juan Creek and to
authorize the Mayor and City Clerk to execute the document
on behalf of the City.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. PRESENTATION OF 1983-88 BUDGET
(24) Written Communications:
Report dated June 9, 1983, from the City Manager, advising
that copies of the proposed 1983-88 Operating Budget will be
presented at the Council meeting.
The City Manager made a brief presentation, advising that
projected expenditures total $4,932,800 million, while
anticipated revenues total $4,934,400 million. He advised
that requests for funding from outside organizations, the
Sewer Enterprise Fund Budget, and the Capital Projects
Budget had not been included. He noted that efforts had
been made to present a balanced budget.
Budget considerations will begin on June 14, at a public
hearing to be held at 7:00 p.m., in the Dance Hall.
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2.
LANDSCAPE PLAN (ATCHISON, TOPEKA AND SANTA
(88) Written Communications:
Report dated June 9, 1983, from the Senior Administrative
Assistant, forwarding a landscape design concept for the
railroad right-of-way from Mission Street to the southern
end of Mission Village Center.
At the request of the City Manager, there was a consensus of
Council to withdraw the item from consideration for
resubmittal at a later date.
APPROVAL OF LANDSCAPE MAINTENANCE AGREEMENT
(SUTHERLAND AND KENNEDY) (38-#431)
(38) Written Communications:
(88) Report dated June 9, 1983, from the Senior Administrative
Assistant, forwarding an agreement with Fred Sutherland and
Marguerite Kennedy to maintain that portion of railroad
right-of-way which abuts their property. The agreement will
take effect on July 1, 1983.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to approve the
landscape maintenance agreement and to authorize the Mayor
and City Clerk to execute the agreement on behalf of the
City.
4. APPROVAL OF AGREEMENT FOR LEASE OF LAND FOR LANDSCAPING
PURPOSES (ATCHISON, TOPEKA AND SANTA FE RAILWAY) (38-#432)
(38) Written Communications:
(88) Report dated June 9, 1983, from the Senior Administrative
Assistant, forwarding an agreement to lease land from the
AT&SF Railway for landscaping purposes from Mission Street
to the southern end of Mission Village Center. There will
be no charge to the City for the lease, which will take
effect July 1, 1983.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to approve the
Lease of Land for Landscaping Purposes, and to authorize the
Mayor and City Clerk to sign the Lease on behalf of the
City.
5. DESIGNATION OF DIRECTOR OF ADMINISTRATIVE SERVICES TO
REPRESENT CITY - COMMUNITY REDEVELOPMENT AGENCY
FISCAL REVIEW COMMITTEE
(68) Written Communications:
Report dated June 9, 1983, from the City Manager, advising
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181
that a Fiscal Review Committee for the Community
Redevelopment Agency has been called by the Capistrano
Unified School District and a hearing has been set by the
County for June 17, 1983. The report recommends that the
Director of Administrative Services be designated to
represent the City at the hearing.
Designation of Representative:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to designate Bob
Boone, Director of Administrative Services, as the City's
representative to the San Juan Capistrano Community
Redevelopment Agency Fiscal Review Committee.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. REQUEST FOR BASIC RATE INCREASE - STORER CABLE TV
(43) Written Communications:
Report dated June 7, 1983, from the Director of
Administrative Services, advising that Storer Cable
Communications requested a $2.50 increase in their basic
rates.
This item was withdrawn from consideration for resubmittal
at a later date.
2. NOTIFICATION OF CANCELLATION OF CHANNEL 6 -
STORER CABLE TV
(43) Written Communications:
Report dated June 7, 1983, from th Director of
Administrative Services, advising that Storer Cable TV has
notified the City that KHOF (Channel 6) has had its license
revoked by the Federal Communications Commission for
financial mismanagement.
With the concurrence of Council, Mayor Bland ordered the
report received and filed.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. WITHDRAWAL OF APPEAL - RELOCATION OF STRUCTURE
TO LOS RIOS AREA (HIRSCH MIRKIN)
(67) Written Communications:
Report dated June 9, 1983, from the Director of Community
Planning and Development, forwarding the applicant's request
to withdraw the item from Council consideration since on
May 24th, the Planning Commission rescinded their denial and
approved the structure relocation, as amended.
With the concurrence of Council, Mayor Bland ordered the
report received and filed.
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182
2. HOUSING REHABILITATION STATUS REPORT - LOS RIOS AREA
(23) Written Communications:
(38) Report dated June 9, 1983, from the Director of Community
Planning and Development advising that, in the past, Housing
and Community Development Block Grant Funds have been used
for public improvements and land acquisition in the Los Rios
area; that in the future, projects and programs, including
rehabilitation will be funded from the Capital Improvements
Budget and through the Community Redevelopment Agency. The
report outlines the methods and programs for improvements in
the Los Rios neighborhood and the scheduling of relevant
items for Council review; i.e., bid documents, Trabuco
Sewer - June 21; bid documents, Mission and Ramos Street
extension - July 19; loan program agreement - July 5; and,
nonprofit housing corporation formation - September 6,
With the concurrence of Council, Mayor Bland ordered the
report received and filed.
3. REVIEW OF REQUEST FOR PROPOSAL - CIVIC CENTER
ARCHITECTURAL SERVICES
(34) Written Communications:
Report dated June 9, 1983, from the Director of Community
Planning and Development, advising that the Civic Center
Space Needs and Design Criteria Study, which provides a
framework for future interior and exterior design of a new
city hall, has been completed; that the next step is
approval of a request for proposal for civic center
architectural services. Selection of the architect is
scheduled for late August.
Approval of Request for Proposal:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to approve the
Request for Proposal for Civic Center Architectural Services
and to direct staff to commence the selection process per
the schedule contained in the RFP.
DIRECTOR OF PUBLIC WORKS
APPROVAL OF SERRA PROJECT COMMITTEE NO. 2-R BUDGET
(79) Written Communications:
Report dated June 9, 1983, from the Director of Public
Works, forwarding a breakdown of each member agency's
proportionate share in the proposed Project Committee No.
2-R budget. The Committee was formed to perform major
maintenance requirements on capital equipment within the
SERRA Treatment Plant; proportionate shares are based on the
relationship between capital replacement cost and flow
rates.
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Approval of Budget:
It was moved by Councilman Schwartze, seconded by
Hausdorfer and unanimously carried to approve the
SERRA Project Committee No. 2-R in the amount of
with San Juan Capistrano's proportionate share at
2. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS
18
Councilman
budget for
$1,347,294
$311,778.
SEWERLINE MAINTENANCE
(38) Written Communications:
(80) Report dated June 9, 1983, from the Director of Public
Works, forwarding specifications for maintenance and
emergency servicing of City sewerlines; the existing
contract expires June 30, 1983. The item has been budgeted
in the 1983-84 Public Works Maintenance Specialized Services
Account at $10,000.
Approval of Specifications/Call for Bids:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the
specifications and to authorize a call for bids for City
sewerline maintenance.
3. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY
TRACTS 8087 AND 8319 (MEREDITH CANYON)
(85) Written Communications:
Report dated June 9, 1983, from the Director of Public
Works, advising that Craig Development Corporation has
requested release of the bonds and landscape deposit held by
the City for on- and off-site improvements in Tracts 8087
and 8319. Similar requests made in 1979 and 1980 were not
approved due to slope failures in the development; however,
in 1979, the City Construction Inspector had determined that
the public improvements were complete.
The City Attorney stated that the City has no alternative
except to release the improvement bonds; however, release of
the $10,000 cash deposit for landscaping could be treated as
a separate item if it were determined that the landscaping
is not complete.
Completion of Improvements:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze that the following Resolutions be
adopted:
RESOLUTION NO. 83-6-9-3, COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 8087 (CRAIG/MEREDITH CANYON)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF S.
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 8087
(CRAIG/MEREDITH CANYON)
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184
RESOLUTION NO. 83-6-9-4, COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 8319 (CRAIG/MEREDITH CANYON -
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 PUBLIC IMPROVEMENTS - TRACT 8319
(CRAIG/MEREDITH CANYON)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: Councilman Friess
The Resolutions accept the public improvements in Tracts
8087 and 8319 as complete and direct the City Clerk to
forward Notices of Completion to the County Recorder within
10 days.
Release of Surety:
The following bonds from Argonaut Insurance are to be
released 35 days after recordation of the Notices of
Completion:
Tract Purpose Bond No. Amount
8087 Faithful Performance 090824 $359,000
Labor & Materials and 090824 359,000
Monumentation
8319 Faithful Performance 090823 202,100
Labor & Materials and 090823 202,100
Monumentation
The following Grading Bonds from Safeco Insurance may be
released immediately:
Tract Bond No. Amount
8087 2210963 $ 71,040
8319 2210964 35,020
Grading bonds for the development were issued and held under
the County of Orange prior to formation of the City's
Building Division.
Retention of Cash Deposit:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried that the
$10,000 cash security deposit held by the City for
landscaping purposes not be released.
or=
6/9/83
4.
DEFERRAL OF FEES, TRACTS 10318 AND 10319
IITITIOTLi T T11/IST TIMTITTL �L+T1 nATI
185
(85) Written Communications:
Report dated June 9, 1983, from the Director of Public
Works, forwarding a request from Wilshire Diversified for
deferral of the following unpaid development fees for Tracts
10318 and 10319:
(1) Ordinance 211, Bedroom Fee $ 6,995
(2) Ordinance 364, Systems Development Fee 72,531
(3) Ordinance 424, School Site Fee 115,200
(4) Maurer -Elliott School
Reimbursement Fee 2,190
(5) Park and Recreation Fee 120,454
(6) Agricultural Preservation Fee 36,500
TOTAL $353,870
Developer Input:
Richard Rebal, representing Wilshire Diversified/Glendale
Federal, advised that a deferral of fees had been granted in
the past due to the expense involved in undergrounding of
the 69 KV transmission lines at no cost to the City. He
advised that the current request for deferral was in
response to the pending energy law which would require a
complete redesign of the development if the remaining
building permits were not obtained prior to the proposed
effective date of June 15; however, actual construction of
the remaining units would not commence pending a positive
sales response. Mr. Rebal noted that due to a recent
Supreme Court ruling, they are required to pay the school
fees, and requested that payment be required only on those
units currently under construction, which would amount to
$27,600. He further advised that the deferral of Parkland
fees was requested pending resolution of a water rights
conflict with the Water District.
Motion to Defer Fees/Council Discussion:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim to approve the requested deferral of fees
with the exception of the legally required school fees; to
direct that the Water District and Glendale Federal resolve
the water rights conflict within 30-60 days; and, that the
fees be payable at the start of construction of the
remainder of the development. Mayor Bland stated that he
could not support the deferral due to the impact on the
City's financial position and recommended that payment of
the fees be required. Councilman Schwartze advised that he
could not support the motion as stated, but would support a
compromise position to require payment of half of the fees
and to defer the remaining half for an additional period of
time. Councilman Hausdorfer stated his support of the
deferral in order to assist affordable housing in the
community.
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186
Motion to Table:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to table the matter until
all Councilmen were present.
COMMISSIONS, BOARDS, COMMITTEES
PARKS AND RECREATION COMMISSION
1. ACCEPTANCE OF GIFT OF PARK BENCHES (ACU CANYON PARK
(62) Written Communications:
Report dated June 9, 1983, from the Director of Recreation,
advising that the Alto Capistrano and Meredith Canyon
Homeowner Associations raised $362.52 for the purchase of
two park benches for the Acu Canyon Park; that at its
meeting of May 16, the Parks and Recreation Commission
recommended that Council receive the gift and direct staff
to purchase the benches.
Acceptance of Gift:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to receive the $362.52
from the Alto Capistrano and Meredith Canyon Homeowner
Associations and to direct staff to purchase and install two
park benches at Acu Canyon Park.
Mickey Russell, Treasurer of the Alto Capistrano Homeowners
Association, expressed the Association's appreciation to the
Council.
City Match of Gift:
In response to a suggestion by Mayor Bland, it was moved by
Councilman Buchheim, seconded by Councilman Hausdorfer and
unanimously carried to provide a City match of the gift for
purchase of additional park equipment. Councilman Schwartze
suggested that the item be referred to the Parks and
Recreation Commission to determine the best use of the
funds. Councilman Hausdorfer suggested a letter of
appreciation be forwarded to the Homeowner Associations.
PLANNING COMMISSION
1. REPORT OF MEETING OF MAY 24, 1983
(67) The Report of Actions taken by the Planning Commission at
their meeting of May 24, 1983, was ordered received and
filed.
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18'7
TRAFFIC AND TRANSPORTATION COMMISSION
1. APPROVAL OF TEMPORARY LOADING ZONE - VERDUGO
(64) Written Communications:
Report dated June 9, 1983, from the Secretary to the Traffic
and Transportation Commission, forwarding the Commission's
recommendation that two parking spaces on the north side of
Verdugo Street adjacent to Camino Capistrano, be converted
to a yellow loading zone; and, a staff recommendation that
the loading zone not be established. The request for the
loading zone was initiated due to delivery problems
experienced by businesses in the Capistrano Plaza. The
estimated cost for painting the curb and removing the
parking space markings is $100.
Tom Sisto, 454 Alto Vista Way, Laguna Beach, owner of the
California Factory Store, reiterated problems experienced by
merchants in the Capistrano Plaza.
Council discussed possible alternatives, including a
temporary loading zone to alleviate problems pending
completion of the Downtown Parking Study.
Establishment of Temporary Loading Zone:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 83-6-9-5, ESTABLISHING A TEMPORARY
"LOADING" ZONE - VERDUGO STREET - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A TEMPORARY "LOADING" ZONE ON
THE NORTH SIDE OF VERDUGO STREET IN THE TWO PARKING
SPACES IMMEDIATELY ADJACENT TO CAMINO CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: Councilman Friess
The Traffic and Transportation Commission was directed to
study the possibility of eliminating the*loading zone on the
east side of Camino Capistrano across from Verdugo Street
and re -striping the area to obtain more parking spaces.
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*southerly - added per Council action on 6/21/83
6/9/83
188
PUBLIC FACILITIES COMMITTEE
1. REVIEW OF CIVIC CENTER SPACE NEEDS AND
DESIGN CRITERIA STUDY
(34) Written Communications:
Report dated June 9, 1983, from the Public Facilities
Committee, advising that the Danielson Design Group
completed preparation of the Civic Center Space Needs and
Design Criteria Study and setting forth significant
conclusions of the Study.
Councilman Schwartze made an oral presentation and
recommended acceptance of the Study.
Councilman Friess arrived at 8:55 p.m.
Acceptance of Study:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to accept the Space Needs
and Design Criteria Study as complete, and to direct that
work proceed on the overall civic center program.
RECESS AND RECONVENE
Council recessed at 8:56 p.m., and reconvened at 9:07 p.m.
ADMINISTRATIVE ITEMS
DIRECTOR OF PUBLIC WORKS
CONTINUATION OF DISCUSSION - DEVELOPMENT FEES, TRACTS 10318
AND 10319 (WILSHIRE DIVERSIFIED/GLENDALE FEDERAL)
(85) The matter was removed from the table and reviewed for the
benefit of Councilman Friess.
Defeat of Motion to Defer Fees:
The motion made by Councilman Hausdorfer and seconded by
Councilman Buchheim to grant the deferral of fees with the
exception of the legally required school fees on units
currently under construction; to place a 30-60 day time
limit on resolution of the water rights/parkland issue; and,
to have no further negotiation on fees, was defeated with
Councilmen Hausdorfer and Buchheim voting in the affirmative
and Councilmen Friess and Schwartze and Mayor Bland voting
in the negative. j
Deferral of Parks and Recreation Fees:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to defer the Parks and
Recreation Fee for a period of 60 days to August 8, 1983, in
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order to make a determination on current negotiations
between the City and the developer for provision of parkland
facilities.
Deferral of Portion of School Fees/Collection of Remaining
Fees:
It was moved by Councilman Friess, seconded by Councilman
Schwartze to require payment of school fees in the amount of
$27,600 for units currently under construction and to defer
the balance until commencement of construction of the
remaining units. Following discussion, Councilman Friess
amended his motion to include requiring payment of the
Bedroom Fees, Systems Development Fees, School Reimbursement
Fees, and Agricultural Preservation Fees. Councilman
Schwartze withdrew his second and the motion died.
It was moved by Councilman Schwartze, seconded by Councilman
Friess to collect the $27,600 due in school fees with the
remainder deferred until construction begins on the first
unit; to collect the Bedroom Fees and Systems Development
Fees; and, to defer the Agricultural Preservation Fees.
Following discussion and with the concurrence of the second,
the motion was amended to require payment of $5,000 in
Agricultural Preservation Fees and to defer the balance
until construction begins on the first unit. The motion
carried with Councilmen Friess, Schwartze and Mayor Bland
voting in the affirmative and Councilmen Hausdorfer and
Buchheim voting in the negative. The action resulted in the
following payment schedule:
Parks & Recreation Fees,
$120,454
Systems Development Fees,
$72,531
Bedroom Fees,
$6,995
School Fees,
$117,390
Agricultural Fees,
$36,500
Payment deferred to
8/8/83
To be collected
To be collected
$27,600 to be collected;
balance due with
construction start on
first unit
$5,000 to be collected;
balance due with
construction start on
first unit
REVIEW OF PLANS AND SPECIFICATIONS FOR CITY EQUESTRIAN CENTER
(C. RUSSELL COOK PARK)
This item was taken out of order on the Agenda.
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(62) Written Communications:
Report dated June 9, 1983, from the Director of Public
Works, forwarding a draft "Lease -Buy Back" agreement and
itemizing proposed plans, concepts and Equestrian Commission
comments. Approval of the plans is necessary to begin the
Conditional Use Permit process; final approval and
authorization to advertise for bids will follow completion (�
of the process. The estimated cost of the stable
improvements is $166,807; $58,000 direct City funding, and
$108,805 provided through the "lease -buy back" program
whereby equipment will be purchased over a 5- or 7 -year
period with no initial capital outlay. The report also sets
forth monthly operator costs and payments to the City.
Exhibits were on display and the Director of Public Works
made an oral presentation. The Director of Recreation
stated concerns expressed by both the Parks and Recreation
Commission and the Equestrian Commission regarding the
parking lot on the west side and landscaping of the area.
Council discussed financial support involved and potential
conflicts with the adjacent residential area.
Approval of Plans/Study of User Fees:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the C. Russell
Cook Park Equestrian Facility plans as amended by the
Equestrian Commission; to direct staff to commence the
Conditional Use Permit process; and, to approve the concept
of a 7 -year time limit for the "lease -buy back" agreement
without a repayment of City funds. With the concurrence of
Council, Mayor Bland directed staff to study and make a
recommendation regarding initiation of a temporary user fee
to cover the City's investment.
COUNCIL ACTIONS
1. APPOINTMENT TO THE LOS RIOS REVIEW COMMITTEE
(23) Written Communications:
Report dated June 9, 1983, from the Senior Administrative
Assistant, advising that no applications have been received
for appointment to fill the two vacancies on the Los Rios
Review Committee.
There was a consensus of Council to direct staff to continue
to solicit applicants.
2. APPOINTMENT OF TWO MEMBERS TO THE PLANNING COMMISSION
(67) With the concurrence of Council, Mayor Bland directed that
the item be held over to the meeting of June 21 to allow
time to interview additional applicants; and, to direct that
the period for receipt of applications for these vacancies
be closed.
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3. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS
(23) With the concurrence of Council, Mayor Bland directed that
this item be held over to the meeting of June 21.
COUNCIL REMARKS
1. BULLET TRAIN
(88) Councilman Schwartze noted receipt of a letter from the
Mayor of the City of Del Mar requesting attendance at a
Bullet Train review meeting. He suggested, and Council
concurred, that the letter be acknowledged and results of
the meeting and the position taken by American High Speed
Rail be requested.
2. MOBILE HOME PARK LITIGATION
(35) In response to Mayor Bland, the City Attorney advised that
the status of the case is unchanged and that the Supreme
Court has until June 20th to render a decision.
3. STATE HISTORICAL PRESERVATION SOCIETY
(62) Mayor Bland noted receipt of a letter commending the City
for its part in the State Historical Preservation
Conference.
4. AGRICULTURE PRESERVATION FUND
(68) Mayor Bland was advised that information requested on the
Agriculture Preservation Fund will be forwarded to Leslie
Campbell.
CLOSED SESSION
Council recessed to a Closed Session at 9:50 p.m., for discussion
of personnel and legal matters, the City Clerk being excused
therefrom, and reconvened at 11:15 p.m., with Councilman
Schwartze absent.
COUNCIL ACTIONS
1. MOBILE HOME PARK REVIEW COMMITTEE - REINSTATEMENT
(23) It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to re -instate the Mobile Home
Park Review Committee. Prior Committee Members are to be
contacted to ascertain their interest in serving on the
Committee, and vacancy notices are to be posted if
necessary.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:16 p.m., to the next meeting date of June 14,
1983, at 7:00 p.m., in the San Juan Hot Springs Dance Hall.
ATTEST:
ANTHONY L. RTAND, MAYOR
Respectfully submitted,
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