80-0416_CC_Minutes_Regular Meeting299
APRIL 16, 1980
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Hausdorfer at
7:00 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Chris
Lenocker, Community Presbyterian Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Phillip R. Schwartze, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: James F. Thorpe, Councilman
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/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,
Deputy City Clerk.
MINUTES
Regular Meeting ofApril 2, 1980:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim
that the Minutes of the Regular Meeting of April 2, 1980, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Thorpe
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, Schwartze, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Thorpe
PRESENTATIONS AND COMMENDATIONS
1. INTRODUCTION OF MISS SAN JUAN CAPISTRANO CAND
PROCLAMATION OF MISS SAN JUAN CAPISTRANO WEEK
(29) Mayor Hausdorfer advised that the 11th annual Miss San Juan
Capistrano contest will be held at the Capistrano Valley
High School on Saturday, April 19th at 7:30 p.m.; that the
contest is sponsored by the Chamber of Commerce.
Doris Lindsey, Manager of the Chamber of Commerce, introduced
Sylvia Sturgeon and Toni Decker, Co -Chairmen of the pageant, and
Mrs. Sturgeon introduced 6 of the 9 contestants, each of whom
advised the Council of their current occupations and future
goals.
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Mayor Hausdorfer read in
the week of April 13-19,
Week in the City of San
contestants success.
ORAL COMMUNICATIONS
full the proclamation designating
1980, as Miss San Juan Capistrano
Juan Capistrano, and wished the
1. EQUESTRIAN TRAIL, AGUACATE AREA (BURKE
(23) Paul Burke, 31351 Aguacate Road, advised the Council that
(73) pursuant to Council direction of April 2nd, he had met with
(91) staff regarding ownership of an irrevocable offer of dedication
for equestrian trail purposes. It had been determined that the
City had accepted dedication of the trail and Mr. Burke
expressed concern for the public health and safety due to
the condition of the trail after the storms. He advised
that he had fenced the area and requested the Equestrian Commiss: z
review and report on the damage; further, that he felt it is
the City's obligation to maintain and repair the trail.
With the concurrence of Council, Mayor Hausdorfer referred the
matter to the Director of Public Works; if necessary, the
Equestrian Commission will be requested to review the trail
at a later date.
2. SISTER CITY ASSOCIATION
(34) Janet Boucher, 27361 Ortega Highway, requested waiver of fees
and permission to use the Dance Hall on Thursday, June 5th for
a meeting to determine interest in joining the Sister City
Association.
Council concurred in their support of Sister City activities
and in granting a waiver of the fees.
3. NATIONAL LIBRARY WEEK
(52) Erla Wetherall, San Juan Capistrano Librarian, advised that
this is National Library Week, noted that Saturday will be a
fine -free day, and presented each Council Member with a library
card.
4. DEBRIS IN DOWNTOWN AREA/ORTEGA HIGHWAY
(45) Al Harrington, 27703 Ortega Highway, Space 50, cited his
concern for the debris in the area of the Mission and the
dried mud and sandbags along the walls on Ortega Highway
opposite the easterly entrance to El Nido Mobile Estates.
There was a concurrence of Council to refer the matter to the
Director of Public Works for solution.
5. PETITION IN OPPOSITION TO ORDINANCE RESTRICTING
PARKING OF RECREATIONAL VEHICLES
(64) Henry Latunski, 25612 Via Solis, presented and read petitions
(72) signed by approximately 138 residents and merchants of San
Juan Capistrano opposing the adoption of the ordinance to
restrict recreational vehicle parking. Mr. Latunski advised
that he felt the problem was a personal problem, not a
City-wide problem, and that residents should be notified
of this type of ordinance.
WRITTEN COMMUNICATIONS
1. GRADING OF SLOPE, LOT 28, TRACT 7112 (DULL
(25) The Council received copies of a letter dated April 7, 1980,
(85) from Ronald Dull, 31851 Via de Linda, requesting Council
action to prevent any grading in Tract 7112 on or adjacent
to Lot 28, which would affect the existing slope or fence
without prior consent of the affected homeowner.
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The Director of Public Works advised that the problem is
under control, and Councilman Friess requested that Mr. Dull's
original application dated May 29, 1979, for encroachment
into the City's right -o£ -way for a backyard fence, be added to
the record.
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 80-2B, ADDITIONAL ENVIRONMENTAL
IMPACT INFORMATION (GLENDALE FEDERAL) (CONTINUATION)
This Hearing was continued from the Council meeting of March 5,
1980.
(46) Written Communications:
(68) Report dated April 16, 1980, from the Director of Community
Planning and Development advising that no further information
has been received regarding geology and land use.
Public Hearing and Continuation:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing; and, there being no response,
directed that the Hearing be continued to the meeting of
Wednesday, June 4, 1980, at 7:00 p.m., in the City Council
Chamber.
2. TENTATIVE PARCEL MAP 79-862 (SACARAMA LIMITED PARTNERSHIP
(85) Proposal:
Resubdivision of two existing parcels into three lots containing
a minimum lot size of 1 acre each, located on Sacarama Lane
westerly of Aguacate Road, in the Large Estate District. On
March 25th, the Planning Commission recommended denial of the
parcel map based upon the determination that the project would
intensify use of an existing substandard private street and that
the present roadway width and right-of-way are insufficient to
provide adequate and safe access for present and future residents.
Applicant:
Sacarama Limited Partnership, c/o Roland Olsen, General Partner,
P. 0. Box 986, San Juan Capistrano.
Written Communications:
(1) Report dated April 16, 1980, from the Director of Community
Planning and Development, recommending approval of the
Tentative Parcel Map subject to conditions.
(2) Equestrian Commission Agenda Item dated January 25, 1980,
regarding the proposed Tentative Parcel Map.
Exhibits were on display and Mr. Merrell clarified the
circulation concerns expressed by the Planning Commission
regarding the undeveloped and unpaved road system.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
declared the Public Hearing open and the following persons
responded:
(1) Roland Olsen, applicant, cited his concern regarding
Condition No. 7 requiring the paving of Sacarama Lane
from his property to Aguacate Road; advised he had no
objections to joining an Assessment District.
(2) Elmer Christiansen, Engineer, cited his concern regarding
Condition No. 9 requiring the extension of Peppertree
Bend northerly to the existing irrevocable easement for
Sacarama. Mr. Christiansen advised Condition No. 7 could
be handled by the internal circulation and by prohibiting
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parking on Sacarama. He suggested that Condition No. 7
be reworded, Condition No. 8 regarding the Assessment
District be retained, and Condition No. 9 be deleted.
(3) John Williams, 31581 Aguacate Road, questioned when the
private portion of Aguacate Road had been redesignated
as Sacarama Lane.
(4) Ray Fulcher, 31583 Aguacate Road, expressed his opposition
to the use of the private roads by persons who did not
have legal access, noted potential hazards and cited
his concern for additional traffic.
Mr. Christiansen advised that he has obtained legal rights
to use the road.
There being no one else wishing to address the Council, Mayor
Hausdorfer declared the Public Hearing closed.
Approval of Tentative Parcel Map 862:
It was moved by Councilman Friess and seconded by Councilman
Schwartze that the following Resolution be adopted with
amendments to: Condition No. 7 to require improvement of
the right-of-way in front of the property on the westerly
side as would be necessary for future tie-in with the ultimate
extension of Sacarama, the amendment would delete the
requirement to improve Sacarama to Aguacate road; and,
Condition No. 9 to require an agreement for acquisition
and improvement of a necessary tie-in to the Peppertree Bend
at such time as an Assessment District is formed and the
property is included in the district:
RESOLUTION NO. 80-4-16-1, TENTATIVE PARCEL MAP 79-862
(SACARAMA) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE PARCEL MAP 79-862, A THREE -PARCEL
SUBDIVISION LOCATED ON SACARAMA LANE
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Thorpe
Councilman Friess clarified that the developer be allowed to
go ahead with the project and to continue his access on
Sacarama, but that the intent is that the alternate access
would be accomplished with the assessment district if the
access proves feasible. Mayor Hausdorfer directed that the
requirement for improvement of a tie-in to Peppertree Bend
be returned to Council with specific design considerations;
that if the condition is found to be unreasonable, it will
not be imposed.
Councilman Friess stated for the record that he supports the
completion of Via Estelita through the area.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 403,
CONTROL OF CANINE LITTER
(45) Written Communications:
(55) Report dated April 16, 1980, from the City Clerk, advising
(57) that the Ordinance was reintroduced on April 2nd and is
scheduled for adoption.
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Adoption of Ordinance No. 403:
The City Attorney read the title of the Ordinance next in order.
Further reading of all ordinances had been waived earlier in
the meeting. It was moved by Councilman Buchheim, seconded
by Councilman Schwartze that the following Ordinance be
adopted:
ORDINANCE NO. 403, CONTROL OF CANINE LITTER - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
PROHIBITING THE CREATION OF A PUBLIC NUISANCE BY FAILURE
TO REMOVE UNLAWFUL CANINE LITTER
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze and Buchheim
NOES: Mayor Hausdorfer
ABSENT: Councilman Thorpe
2. ORDINANCE RESTRICTING PARKING OF OVER -SIZED VEHICLES
(64) Written Communications:
(55) (1) Report dated April 16, 1980, from the City Clerk, advising
that the Ordinance was introduced on April 2nd and is
scheduled for adoption, and forwarding a letter dated
April 8, 1980, from Kathleen and August Rudel in support
of the ordinance.
(2) Letter dated April 11, 1980, from Richard Rush, 31951
Calle Winona, in support of the ordinance.
(3) Letter dated April 15, 1980, from Chuck Ward, President
of Village San Juan Homeowners Association, in support
of the ordinance.
(4) Letter dated April 15, 1980, from Arlin Rude, 31232 Via
Solana, in opposition to the ordinance.
Motion to Adopt Ordinance:
The City Attorney read the title of the ordinance next in order.
Further reading of all ordinances had been waived earlier in the
meeting. It was moved by Councilman Schwartze that the
ordinance to restrict parking of oversized vehicles be
adopted. The motion died for lack of a second.
Council Discussion/Public Input:
There was a concurrence among the Council Members with Councilman
Friess' concerns regarding the impact on persons whose only
vehicle is "oversized;" the impact that such a parking
restriction would have on merchants in the downtown area; and,
the impact on short-term visitors to residents in the City.
Councilman Friess advised that the intent was to deal with
the problem of storing vehicles on the streets and parking
of large commercial vehicles; i.e., dump trucks or semi -trucks.
In response to his suggestion that a distance limit be placed
in conjunction with the City's current 72 -hour parking limit,
the City Attorney suggested the matter be reviewed further
to determine a reasonable distance.
The following persons addressed Council:
(1) Arlin Rude, 31232 Via Solana, noted his letter in
opposition to the ordinance and requested the matter
be dropped.
(2) Brian Jacobs, 25576 Via Solis, cited his concern that
over -sized vehicles are a hazard to young children.
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(3) Monica Glandt, 25601 Via Solis, cited a petition
submitted to Council previously in support of the
parking restriction, and concurred with Mr. Jacobs'
comments.
(4) Dennis Johnson, Chairman of the Traffic and Transportation
Commission, reiterated the concerns of the Commission and
their recommendation against the restriction.
(5) Eric Hulon, 27982 Paseo Barranca, advised that he owns
commercial vehicles used in his business and cited
problems encountered in storing vehicles that are used
frequently.
Referral to Staff: _
With the concurrence of Council, Mayor Hausdorfer directed
that the ordinance be referred to staff for a report on
May 7th addressing the Council's concerns and the possibility
of imposing a distance restriction in conjunction with the
72 -hour parking limitation.
3. ADOPTION OF ORDINANCE NO. 404, ITEM PRICE MARKING IN SUPERMARKETS
(76) Written Communications:
(55) (1) Report dated April 16, 1980, from the City Clerk advising
that the ordinance was introduced on April 2nd and is
scheduled for adoption.
(2) Letter dated April 15, 1980, from Chuck Ward, President
of the Village San Juan Homeowners Association, in
support of the ordinance.
Council Discussion/Public Input/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 Friess
that the ordinance to require item price marking on packaged
consumer commodities be adopted; Councilman Schwartze
seconded the motion with an amendment to add a sunset clause
to expire in one year. The Council concurred that they would
be in favor of reviewing the ordinance in one year; however,
Councilman Friess and Mayor Hausdorfer expressed opposition
to a sunset clause.
Fred Jenner, representing the Chamber of Commerce, reiterated
the Chamber's concerns as expressed in a Resolution dated
February 22nd, and previously submitted to Council, and
voiced the Chamber's opposition to adoption of the ordinance.
Upon clarification that the motion did not include the
addition of a sunset clause, but would include -review of
the ordinance in one year, Councilman Schwartze withdrew
his second. The motion that the following ordinance be
adopted was then seconded by Councilman Buchheim:
ORDINANCE NO. 404, ITEM PRICE MARKING ON PACKAGED
CONSUMER COMMODITION - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, RELATING TO ITEM
PRICE MARKING ON PACKAGED CONSUMER COMMODITIES
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim and Mayor
Hausdorfer
NOES: Councilman Schwartze
ABSENT: Councilman Thorpe
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4. ADOPTION OF ORDINANCE NO. 405, AMENDMENT TO ORDINANCE NO. 380
MOBILE HOME PARK REVIEW BOARD (URGENCY)
(23) Proposal:
(55) Adoption of an urgency ordinance which would amend Sections
2 and 7 of Ordinance No. 380 to allow an increase in space
rents up to the percentage of increase in the most recent
Consumer Price Index, or nine percent, whichever is less.
The Mobile Home Park Review Board had recommended a monthly
rate increase equal to the application of the Consumer Price
Index to the operating expenses of a park, adding 10 percent
for profit and dividing by the number of spaces in a park.
Written Communications:
(1) Report dated April 16, 1980, from the City Manager,
forwarding the proposed ordinance.
(2) Letter dated April 16, 1980, from Edwin Clark, 32302
Alipaz Street, Space 267, setting forth increased
rental costs in San Juan Mobile Estates and forwarding
a copy of the original and amended park rules.
The City Manager advised that the ordinance is an urgency
measure; Councilman Friess noted he had requested the item,
which is a temporary measure until the Mobile Home Park Review
Board has a chance to reach a reasonable solution.
Receipt of Public Input:
The following persons addressed Council:
(1) Art McConnell, 26000 Avenida Aeropuerto, Space 107,
read a prepared statement in favor of the recommendation
made by the Mobile Home Park Review Board.
(2) Marvin G. Klassen, 26000 Avenida Aeropuerto, Space 156,
advised of his support of the ordinance as written.
(3) Lee Ostheimer, 27703 Ortega Highway, Space 123,
questioned the impacts should Proposition 10 on the
June ballot pass.
(4) Dr. Ervin Watkins, owner, Capistrano Valley Mobile
Estates, noted that this is a temporary measure and
cited his support of the nine percent figure; noted
he is working through the Mobile Home Board for a
fair and reasonable solution to the problem.
(5) Jack Gallagher, 27703 Ortega Highway, Space 73, suggested
tabling the ordinance until the outcome of Proposition
10 is determined; questioned the legal status of the
3 -year lease at El Nido, since it is based on a 10 percent
yearly increase.
(6) Fred Kelly, 27703 Ortega Highway, Space 153, suggested
tabling the ordinance until the outcome of Proposition
10 is determined and then reconsidering the matter
as recommended by the Mobile Home Review Board.
Councilman Friess advised that residents in several
parks have received notices of substantial rent increases
effective May lst; therefore, the item should not be
tabled. Mayor Hausdorfer suggested that since the
proposed ordinance is a temporary measure, a 6 -month
time limit be set for reaching an equitable solution.
(7) Al Arps, 32302 Alipaz Street, Space 158, advised of the
parks due for rent increases and potential problems
if no action is taken at this time.
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(8) Austin Dodge, 32371 Alipaz Street, Space 124, expressed
his concern that applying a rent increase based on a
park's mean rents is not equitable.
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 Friess, seconded by
Councilman Schwartze that Section 7, Paragraph 2, be amended
to read as follows:
"The 'Maximum Allowable Percentage' shall be applied
to each space and shall not be based upon the park's
mean rent. There shall, moreover, be no more than one
increase in space rents within a park during any twelve -
month period."
and that the following Ordinance be adopted:
NO. 405, AMENDING ORDINANCE NO. 380
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 2 AND 7 OF ARTICLE 9,
CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Thorpe
Mayor Hausdorfer directed the City Attorney to report in
six months.
5. ORDINANCE NO. 406, INTENT TO FORM LANDSCAPE MAINTENANCE
DISTRICT, TRACT 7654 (PATRICK)
(55) Written Communications:
(75) Report dated April 16, 1980, from the Director of Public Works
(85) forwarding a Preliminary Report and proposed ordinance for
formation of the landscape maintenance district; the estimated
annual maintenance cost of $12,000 will be reimbursed to the
City through property tax assessments to the residents of the
tract. The City will contract for the maintenance services.
Approval of Preliminary Report:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to approve the Preliminary
Report for the formation of a landscape maintenance assessment
district for Tract 7654.
Introduction of Ordinance No. 406:
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 and
seconded by Councilman Schwartze that the following ordinance
be introduced:
ORDINANCE NO. 406, DECLARING INTENT TO FORM LANDSCAPE
MAINTENANCE DISTRICT - TRACT 7654 - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING INTENT
TO FORM AN OPEN SPACE MAINTENANCE DISTRICT FOR TRACT 7654
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The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Thorpe
The Ordinance sets an annual assessment limit of $0.65 per
$100 of assessed valuation; and, sets a protest hearing for
the City Council meeting of June 18, 1980, at 7:00 p.m., in
the City Council Chamber.
RECESS AND RECONVENE
Council recessed at 9:30 p.m., and reconvened at 9:45 p.m., with
Councilmen Schwartze and Thorpe absent.
RESOLUTIONS
1. INTENT TO VACATE PUBLIC RIGHT-OF-WAY (VERMEULEN)
(91) Written Communications:
Report dated April 16, 1980, from the Director of Public
Works advising that a request has been made to vacate a
portion of Alipaz Street, west side, from 1,050 feet north
of Camino del Avion to 500 feet northerly. The area to be
vacated is within the old alignment of Alipaz.
Resolution of Intent:
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 80-4-16-2, INTENT TO
AZ STREET -
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING ITS INTENTION TO VACATE A PORTION OF ALIPAZ
STREET FROM 1,050 FEET NORTH OF CAMINO DEL AVION TO
500 FEET NORTHERLY
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim and Mayor
Hausdorfer
NOES: None
ABSENT: Councilmen Schwartze and Thorpe
The Resolution sets a hearing for the City Council meeting of
May 21st at 7:00 p.m., in the City Council Chamber. Councilman
Buchheim suggested that staff discuss the possibility of
obtaining an easement along the east side of Del Obispo
Street from Mr. Vermeulen as a walkway for school children.
BIDS, CONTRACTS, AGREEMENTS
1. PURCHASE OF LABORATORY EQUIPMENT, SERRA TREATMENT PLANT
(75) Written Communications:
(79) Report dated April 16, 1980, from the Director of Public
Works. The report advised that on April 4th bids were
received from four companies for laboratory equipment for
the SERRA Treatment Plant, and that pursuant to the bid
specifications, the bids will be awarded based on the lowest
price bid per unit, rather than the lowest total bid. The
report recommends awarding bid items to three companies and
forwards a summary sheet itemizing the items to be awarded
to each company.
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Award of Bid Items:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to award the bids for the
laboratory equipment to the Fisher Scientific, VWR Scientific,
and Scientific Products companies for the items and amounts
specified in the bid summary sheet.
2. AGREEMENT FOR PURCHASE OF ASSESSMENT BONDS, ASSESSMENT
DISTRICT 78-1 (STONE AND YOUNGBERG)
(74) Written Communications:
(38) Report dated April 16, 1980, from the Director of Public
(49) Works forwarding an agreement between the City and Stone
and Youngberg for the sale and purchase of special assessment
bonds for Assessment District 78-1. The amendment was _
requested due to delays in the initiation of the proceedings.
The Agreement changes the purchase price of all bonds to issue
from 95% to 91% of the principal amount and directs that the
bonds are to be dated, issued and delivered to Stone and
Youngberg for payment on or before May 15, 1980.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to approve the amended agreement
between the City and Stone and Youngberg for Assessment
District 78-1 Bonds and to authorize the Mayor and City Clerk
to execute the agreement on behalf of the City.
3. LEASE FOR LIBRARY CONSTRUCTION - COUNTY OF ORANGE
(52) Written Communications:
(38) Report dated April 16, 1980, from the City Manager, forwarding
a draft lease agreement for the proposed County library to
be constructed on School District property bounded by Camino
Capistrano, Acajchema Street and E1 Camino Real, and advising
that minor modifications may be made. The Lease provides
for a County contribution of $800,000 for construction and
City payment for design, plans and specifications.
Approval of Lease:
It was moved by Councilman Friess, seconded by Councilman Buchheim
and unanimously carried to approve the final lease agreement and
to authorize the City Manager and City Clerk to execute the final
lease agreement.
Formation of Library Planning Committee:
There was a consensus of Council to form a Library Planning
Committee and that a letter be sent to the Board of Supervisors
from the Mayor indicating support for early construction of
the library facility and advising that the committee has been
formed and will begin meetings in the immediate future. The
Committee members are as follows:
Councilman Kenneth E. Friess, Chairman; Elizabeth
Martinez Smith, County Librarian; Pamela Hallan,
Historical Society; Ray Becerra, City staff; Member
of the Architectural Board of Review; Public Member.
Council requested that the City Clerk submit names of public
members for appointment to the Committee.
(36) Receipt of Rainbow Award:
Mayor Hausdorfer advised that the City had been presented the
Orange County Public Library Rainbow Award for outstanding
support of the San Juan Capistrano Branch Library by County
Librarian Elizabeth Martinez Smith.
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CONSENT CALENDAR
It was moved by Councilman Buchheim and 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 and Mayor
Hausdorfer
NOES: None
ABSENT: Councilmen Schwartze and Thorpe
1. APPROVAL OF WARRANTS
(41) The List of Demands dated April 16, 1980, Warrants Nos. 19224
through 19429, inclusive, in the total amount of $532,882.00,
was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF MARCH 31, 1980
(41) The City Treasurer's Report of Investments as of March 31,
1980, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF MARCH 31, 1980
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of March 31, 1980, was approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF FEBRUARY 29, 1980
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the 8 -month period ending February 29, 1980, was approved
as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
APRIL 1, 1980
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of April 1, 1980, was ordered received and filed.
(36) Council indicated support for the proposed commendation of
Doris Drummond, who is retiring from active community service
in June.
6. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS -
VAN FOR SENIOR CITIZENS CENTER
(41) The specifications for purchase of a 12 -passenger van equipped
(62) with dispatching units and a wheelchair for use by the Senior
(75) Citizens Program were approved. Staff was authorized to
advertize for bids, as set forth in the report dated April 16,
1980, from the Director of Public Works.
7. APPROVAL OF CHANGE ORDER NO. 7 - EXTENSION OF TIME
AHFP 883 (DEL OBISPO STREET/AGUACATE ROAD) (GRIFFITH)
(38) The 45 -day extension of time to May 19, 1980, to allow
(44) for repair of equipment and construction of four water valve
(83) boxes is approved as set forth in the report dated April 16,
1980, from the Director of Public Works.
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ADMINISTRATIVE ITEMS
CITY MANAGER
1. CITY COUNCIL POLICY MANUAL
(32) Written Communications:
(69) Report dated April 16, 1980, from the City Manager forwarding
additional proposed policy statements for inclusion in the
Council Policy Manual.
Approval of Policies, With Deletions:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to approve the policy statements
submitted by the Cultural Heritage Commission; the policies _
submitted by the Architectural Board of Review are approved
with the deletion of the proposed statement requiring
Architectural Board of Review of Custom Homes; the policies
submitted by the Planning Commission are approved with the
deletion of the proposed policy providing for use of the
Hillside Development Guidelines as criteria for review of
proposed development in hillside areas of the City.
DIRECTOR OF PUBLIC WORKS
1. STATUS REPORT, MARINERS VILLAGE DRAINAGE,
TRACTS 8593, 8594, AND 7616
(80) Written Communications:
(85) Report dated April 16, 1980, from the Director of Public Works
regarding the current status of drainage improvements for
Phases I, II and III of the Mariners Village development.
There was a concurrence of Council that the report be received
and filed.
2. O'NEILL MUSEUM - DEFERMENT OF REQUIREMENT FOR
HANDICAPPED ACCESS (SAN JUAN CAPISTRANO HISTORICAL SOCIETY)
(23) Written Communications:
(36) Report dated April 16, 1980, from the Director of Public Works
(61) forwarding a proposed agreement between the City and the
Historical Society providing for deferral of the requirement
for installation of handicapped access for a one-year period
of time, pursuant to the Historical Building Code.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman Buchheim
and unanimously carried to approve the agreement authorizing
issuance of a Certificate of Occupancy and deferring requirements
for installation of handicapped access to April 16, 1981; the
Mayor and City Clerk are authorized to execute the Agreement on
behalf of the City.
3. BEAR BRAND RANCH - AUTHORIZATION TO INITIATE CONDEMNATION
(25) Written Communications:
(85) Report dated April 16, 1980, from the Director of Public Works
advising that the Bear Brand Ranch Company has been unsuccess-
ful in acquiring a sanitary sewer easement from the adjacent
property owner and has requested that the City exercise its
power of eminent domain.
Notification to Property Owner:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to direct staff to notify
the property owner, George Riley, of the possible use of the
City's power of eminent domain to acquire a sanitary sewer
easement across property adjacent to Paseo de la Paz and to
further direct staff to schedule the matter for Council
consideration on May 7, 1980.
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310
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF APRIL 8, 1980
(67) The Report of actions taken by the Planning Commission at their
meeting of April 8, 1980, was ordered received and filed.
TRAFFIC AND TRANSPORTATION COMMISSION
1. "NO PARKING" ZONE - ALLEY WEST OF AVENIDA LOS AMIGOS
(64) Written Communications:
Report dated April 16, 1980, from the Commission Secretary
forwarding a proposed Resolution designating the following
area as a "No Parking" zone:
Both sides of the alley west of Los Amigos
from Avenida Golondrina to Avenida Padre
It was moved by Councilman Buchheim, seconded by Councilman
Friess to adopt the following Resolution:
RESOLUTION NO. 80-4-16-3, PARKING REGULATIONS - ALLEY
WEST OF LOS AMIGOS - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING" AREAS ON BOTH SIDES OF
THE ALLEY WEST OF LOS AMIGOS FROM AVENIDA GOLONDRINA
TO AVENIDA PADRE
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim and Mayor
Hausdorfer
NOES: None
ABSENT: Councilmen Schwartze and Thorpe
The Director of Public Works is authorized to paint curbs or
place signs, as appropriate.
COUNCIL ACTIONS
1. APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW (NASH)
(23) Written Communications:
Report dated April 16, 1980, from the City Manager forwarding
applications received for appointment to the Architectural
Board of Review.
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried that Carolyn J. Nash,
32906 Avenida Descanso, be appointed to fill the existing
vacancy on the Architectural Board of Review.
HEAD START PROGRAM
(39) The City Manager advised that problems encountered with the
relocation of the Head Start Program to City property had
been resolved.
COUNCIL REMARKS
0
1. TRAFFIC SIGNALS - ORTEGA HIGHWAY/DEL OBISPO STREET
(82) The Director of Public Works was requested to investigate
the traffic signal interconnect system at Ortega Highway and
Del Obispo Street, due to recent traffic congestion.
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311
RECESS AND RECONVENE
The Council recessed to Executive Session at 10:06 p.m., the City
Clerk being excused therefrom, and reconvened at 10:20 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
Wednesday, May 7, 1980, at 7:00 P.M., in the City Council Chamber.
Respectfully submitted,
i
'MARY ANN,
,�?ANOVER, CITY CLERK
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