87-0317_CC_Minutes_Regular Meeting 24
MARCH 17, 1987
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 Friess at 7:05 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Margaret M.
Ims, Christ Unity Capistrano Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
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; Thomas L. Baker,
Director of Community Services; Cheryl Johnson, Recording Secretary.
MINUTES
Regular Meeting of March 3, 1987:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the
Minutes of the Regular Meeting of March 3, 1987, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
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PRESENTATIONS AND COMMENDATIONS
CITY HALL REMODEL PHASE II (600.30/200.30)
Mayor Friess noted that this was the first meeting in the newly-remodeled Council
Chamber and requested that a letter of appreciation be forwarded to the contractor _
from the Council.
1. RECOGNITION OF JOHN GIBSON, CITY TREASURER (610.40)
Written Communications:
Report dated March 17, 1987, from the Administrative Assistant, advising that John
Gibson, the City Treasurer, will celebrate his 80th birthday on March 19th. A plaque
had been prepared in honor of the occasion.
Mayor Friess read the recognition in full and presented the plaque to Mr. Gibson.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the
staff recommendations be accepted for the following items listed on the Consent
Calendar. The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated February 26, 1987, Warrant Nos. 2,251-2,382, in the total
amount of $1,751,103.67, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of February 28, 1987, in the total
amount of $12,214,506.95, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60)
The City Treasurer's Report of 1911 Act Bond Delinquencies as of February 28,
1987, in the total amount of $540.29, was approved as submitted.
4. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50)
The City Treasurer's Report of Cash Fund Balances as of January 31, 1987, in the
total amount of $114,213.31, was approved as submitted.
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5. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (9_10.60)
The Report dated March 17, 1987, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of February 24, 1987,
was ordered received and filed.
6. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated March 17, 1987, from the Secretary of the Equestrian Commission,
regarding actions taken at the meeting of March 9, 1987, was ordered received and
filed.
7. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated March 17, 1987, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of March 10, 1987, was ordered received and
filed.
8. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated March 17, 1987, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of February 11
and 25, 1987, was ordered received and filed.
9. COMPLETION OF DEL OBISPO STREET PEDESTRIAN SAFETY
PROJECT GILLESPIE CONSTRUCTION 600.30
As set forth in the report dated March 17, 1987, from the Director of Public Works,
the Del Obispo Street Pedestrian Safety Project was completed.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 87-3-17-1, COMPLETION OF DEL OBISPO
STREET PEDESTRIAN SAFETY PROJECT - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF THE DEL OBISPO STREET PEDESTRIAN
SAFETY PROJECT
The Resolution accepted the work as complete in the amount of $232,894.18, and
directed the City Clerk to forward a Notice of Completion to the County Recorder.
Payment status was as follows:
Total Project Cost $232,894.18
Less 5% Retention 11,644.71
Less Previous Payment 208,074.76
Amount Due 13,174.71
The amount of the Retention was reduced to 5% in accordance with Section 9-3.2 of
the Provisions of the Contract.
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Staff was authorized to make payment as indicated and to release the 5% retention
35 days after recording the Notice of Completion.
10. AWARD OF CONTRACT - 1987 WEED ABATEMENT PROGRAM
APPLE TRACTOR (600.30
As set forth in the report dated March 17, 1987, from the Director of Public Works,
the contract for the 1987 Weed Abatement Program was awarded to Apple's Tractor
Service, of Norwalk, in the amount of $64,984.51. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
11. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (840.20)
The Report dated March 17, 1987, from the Director of Public Works, setting forth
the status of the construction of the Camino Capistrano Bridge project was ordered
received and filed.
12. CLAIM FOR DAMAGES (CHRISTINE GRIBBEN) (170.70)
As set forth in the report dated March 17, 1987, from the City Attorney, the claim
for personal injuries in the approximate amount of $250,000, filed on February 9,
1987, by Attorney David R. Gunnin on behalf of Christine Gribben, was denied.
13. CLAIM FOR PROPERTY DAMAGES (DR. ROBERT SCHIFFER) (170.70)
As set forth in the report dated March 17, 1987, from the City Attorney, the
amended claim in excess of $1,000,000 for property damage, filed on February 24,
1987, by the law firm of Davis & DeGrazia on behalf of Dr. and Mrs. Robert
Schiffer, was denied.
14. CULTURAL ARTS AND HERITAGE COMMISSION - HISTORIC
PRESERVATION PHOTO CONTEST (910.60
The report dated March 17, 1987, from the Senior Administrative Assistant, advising
that the Cultural Arts and Heritage Commission will be sponsoring a photography
contest as part of the celebration of Historic Preservation Week in May, 1987, was
ordered received and filed.
RECESS AND RECONVENE
Council recessed at 7:12 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:16 p.m.
ADMINISTRATIVE ITEMS
DIRECTOR OF ADMINISTRATIVE SERVICES
Ili 1. ACCEPTANCE OF FISCAL YEAR 1985-86 FINANCIAL
REPORT AND AUDIT 310.30
Written Communications:
Report dated March 17, 1987, from the Director of Administrative Services,
forwarding the Comprehensive Annual Financial Report for the fiscal period ended
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June 30, 1986, as prepared by the City's independent auditors, Peat, Marwick,
Mitchell and Company. The Financial Report met all requirements of the National
Council on Governmental Accounting and conformed to the Audit Guide of the
American Institute of Certified Public Accountants. Costs for preparation of the
Financial Report and Compliance Audit totalled $17,425.00.
Acceptance of Report:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to accept the Comprehensive Annual Financial Report and
examination by the City's independent auditors, Peat, Marwick, Mitchell and
Company.
2. BUDGET AMENDMENTS - FISCAL YEAR 1985-86 (330.20)
Written Communications:
Report dated March 17, 1987, from the Director of Administrative Services,
forwarding a Resolution setting forth amendments to the 1985-86 budget and
authorizing additional appropriations.
Approval of Amendments:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the
following Resolution be adopted:
RESOLUTION NO. 87-3-17-2 AMENDING THE 1985-86 FISCAL
BUDGET AND AUTHORIZING APPROPRIATIONS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE 1985-86
FISCAL BUDGET AND AUTHORIZING APPROPRIATIONS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
The amendments reflect additional appropriations in the amount of $696,025.00.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. CAMINO CAPISTRANO STREET IMPROVEMENTS - REIMBURSEMENT
AGREEMENT CHRYSLER REALTY CORPORATION SAN JUAN
DODGE AC 85-8 (600.60/410.60)
Written Communications:
Report dated March 17, 1987, from the Director of Community Planning and
Development, forwarding an agreement with Chrysler Realty Corporation for the
widening of Camino Capistrano to primary standards from the San Juan Dodge
property, located on Camino Capistrano north of the Barwick Nissan property,
Assessor's Parcel No. 668-121-09, northerly an additional 460 feet to the corner of
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Avenida Aeropuerto. The agreement required the City to reimburse Chrysler Realty
Corporation for the additional 460 feet of improvements. Design and construction
costs were estimated at $150,000; the City will be reimbursed by the Community
Redevelopment Agency. Barwick Nissan will install its required improvements in
conjunction with this project.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to approve the agreement with Chrysler Realty Corporation for
Reimbursement of Design and Construction Costs Incurred in the Widening of
Camino Capistrano. The Mayor and City Clerk were authorized to execute the
Agreement on behalf of the City.
2. PARKING AGREEMENT FOR IMPROVEMENT AND USE OF SITE
ADJACENT TO MONTANEZ ADOBE TRULIS SOLAG DISPOSAL ( 600.30/570.30)
Written Communications:
Report dated March 11, 1987, from the Director of Community Planning and
Development, forwarding an agreement with Solag Disposal Company whereby the
Solag Disposal Company will install a chain link fence with wood slats across its
property adjacent to the Montanez Adobe on Los Rios Street and convert the
previous dirt access driveway off Los Rios Street into a paved parking lot containing
8 spaces to accommodate public parking for the Montanez Adobe. The City will
lease the site from Solag Disposal Company for $1.00 per year. The City will
finance the design engineering, construction staking and inspection of the project.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the agreement with Solag Disposal Company for
improvement and use of the site adjacent to the Niontanez Adobe. The Mayor and
City Clerk were authorized to execute the agreement on behalf of the City.
DIRECTOR OF PUBLIC WORKS
1. TIME EXTENSION AUTHORIZATION - CAMINO CAPISTRANO BRIDGE
(600.30/840.20)
Written Communications:
Report dated March 17, 1987, from the Director of Public Works, requesting
approval of a five-day time extension in connection with the time required for the
contractor to make and install new brackets on the east half of the bridge to
temporarily accommodate Pacific Bell telephone conduits. Staff is currently
analyzing changes necessary to accommodate the telephone conduits in a new
location on the west half of the bridge.
Approval of Time Extension:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve a five-day time extension, to October 21, 1987, for
li completion of the Camino Capistrano Bridge contract.
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COUNCIL REMARKS
1. HAZARDOUS WASTE MANAGEMENT PLAN (530.20)
Councilman Bland noted receipt of a letter dated March 16, 1987, from Supervisor
Harriett Wieder, setting forth the impacts of Assembly Bill 2948, the Tanner Bill, on
the existing Draft Hazardous Waste Management Plan. He was advised that the
City's response to the Draft Plan was impacted and would be re-evaluated.
2. HERITAGE FESTIVAL COMMUNITY FAIR AND 10 KM RUN (150.60/610.40)
Mayor Friess extended the Council's appreciation to Tom Baker, City staff and
volunteers who efforts on Saturday, March 14th, culminated in a successful 10 KM
run and community fair.
CLOSED SESSION
Council recessed to a Closed Session at 7:26 p.m., for discussion of legal and personnel
matters, the City Clerk being excused therefrom, and reconvened at 9:15 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:16
p.m., to the next regular meeting date of Tuesday, April 7, 1987, at 7:00 p.m., in the City
Council Chamber.
Respectfully submitted,
ARY ANN H V , CITY CLERK
ATTEST:
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KENNETH E. FRIESS, MAYOR
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