87-0505_CC_Minutes_Regular Meeting279
MAY 5, 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 Bland at 7:00 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Peter Ensor,
St. Margaret of Scotland Episcopal Church.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, 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 April 21, 1987:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the
Minutes of the Regular Meeting of April 21, 1987, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor Bland
NOES: None
ABSTAIN: Councilman Hausdorfer
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
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PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION DESIGNATING THE MONTH OF MAY, 1987
Written Communications:
Report dated May 5, 1987, from the Director of Community Services, forwarding the
Proclamation.
Approval of Proclamation:
Mayor Bland read the Proclamation in full and with the consensus of Council
proclaimed the month of May, 1987, as Senior Citizens Month. Bernice Sowden,
President of the San Juan Seniors Club, was present to receive the Proclamation.
2. PROCLAMATION DESIGNATING MAY 9 1987
AS "FIRE SERVICE RECOGNITION DAY" 610.40)
Written Communications:
Report dated May 5, 1987, from the City Clerk, forwarding the Proclamation.
Approval of Proclamation:
Mayor Bland read the Proclamation in full and with the consensus of Council
proclaimed May 9, 1987, as Fire Services Recognition Day. Battalion Chief Ron
Blaul was present to receive the Proclamation.
3. PROCLAMATION DESIGNATING THE WEEK OF MAY 11
Written Communications:
Report dated May 5, 1987, from the City Clerk, forwarding the Proclamation.
Approval of Proclamation:
Mayor Bland read the Proclamation in full and with the consensus of Council
proclaimed the week of May 11 - 15, 1987, as City Clerk's Week. The Proclamation
was presented to Mary Ann Hanover, City Clerk.
4. PROCLAMATION - HISTORIC PRESERV
Written Communications:
Report dated May 5, 1987, from the Senior Administrative Assistant, forwarding the
Proclamation.
Approval of Proclamation:
Mayor Bland read the Proclamation in full and with the consensus of Council,
proclaimed the week of May 11 - 17, 1987, as Historic Preservation Days. Carol
Heim, Chairman of the Cultural Arts and Heritage Commission, was present to
accept the Proclamation.
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Written Communications:
Report dated May 5, 1987, from the City Clerk, forwarding the Proclamation. The
18th Annual Miss San Juan Capistrano Contest, sponsored by the Chamber of
Commerce, will be held on Friday, May 15th at the Capistrano Valley Church.
Approval of Proclamation:
Mayor Bland read the Proclamation in full and with the consensus of Council,
proclaimed the week of May 11 - 15, 1987, as "Miss San Juan Capistrano Week."
Chris Ake, Chamber Manager, was present to receive the Proclamation. The
contestants were present and introduced themselves.
6. SPONSOR RECOGNITION - HERITAGE FESTIVAL (150.60)
7.
Written Communications:
Report dated May 5, 1987, from the Director of Community Services, listing the
sponsors who contributed funds or products to assist with the 1987 Heritage
Festival. Commemorative plaques were prepared to honor the following firms who
assisted with donations of $2,500 or more:
Birtcher Company
Oliver McMillan/Collins
Santa Margarita Company/Rancho Mission Viejo
Interamerican Builders Corporation
Presentation of Plaques:
Brandon Birtcher, representing the Birtcher Company, and Jane Casanova,
representing the Santa Margarita Company/Rancho Mission Viejo Company and the
Interamerican Builders Corporation, were present to receive the plaques.
Written Communications:
Report dated May 5, 1987, from the Director of Community Services, advising that
the Chamber of Commerce defeated the City's softball team at the March 15th
game, and was eligible to receive the perpetual trophy.
Presentation of Trophy:
Mayor Bland presented the perpetual trophy to Brian McInerney, President of the
Chamber of Commerce.
8. CAPISTRANO VALLEY SYMPHONY PRESENTATION (900.40)
Mayor Bland displayed a "Scroll of Appreciation" presented to the City by the
Capistrano Valley Symphony in appreciation for the City's support.
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ORAL COMMUNICATIONS
1. SISTER CITIES - INVITATION TO MISSION CHOIR
FROM PETRA, MALLORCA (140.50/910.60)
David Raiche, Director of Music at the Mission San Juan Capistrano, advised that _
their 52 -voice choir had been invited to sing in the San Juan Capistrano Sister City
of Petra, Mallorca, Spain, in October, which would hopefully coincide with the
beatification of Father Serra. He advised that fund-raising activities have been
scheduled and requested Council consider some form of support of their opportunity
to represent San Juan Capistrano. Councilman Schwartze invited Mr. Raiche to
attend a May 14th luncheon with Dr. Font Obrador, President of the Petra Sister
City organization.
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, Friess, Buchheim
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated April 9, 1987, Warrant Nos. 2,705-2,853, in the total
amount of $271,751.76, was approved as submitted.
2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50)
The City Treasurer's Report of Cash Fund Balances as of March 31, 1987, in the
total amount of $71,490.39, was approved as submitted.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated May 5, 1987, from the Secretary of the Parks and Recreation
Commission, regarding actions taken at the meeting of April 20, 1987, was ordered
received and filed.
4. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated May 5, 1987, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of April 28, 1987, was ordered received and
filed.
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5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated May 5, 1987, from the Secretary of the Traffic and Transportation
Commission, regarding actions taken at the meetings of April 8, and 22, 1987, was
ordered received and filed.
6. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (840.20)
The report dated May 5, 1987, from the Director of Public Works, setting forth the
status of construction of the Camino Capistrano Bridge, was ordered received and
filed.
7. AWARD OF CONTRACT -
As set forth in the report dated May 5, 1987, from the Director of Public Works, the
contract for the slurry seal of various City streets in the Aguacate area, the Casitas
and Casas Capistrano, and San Juan Hills developments, was awarded to the Doug
Martin Construction Company, Inc., of La Habra, at $56,394.65. All other bids were
rejected. The Mayor and City Clerk were authorized to execute the contract on
behalf of the City.
8. APPROVAL OF PLANS, SPECIFICATIONS AND CALL FOR BIDS -
The Plans and Specifications for modification of the traffic signal at Del Obispo
Street and Blue Fin Drive to provide separate left turn phasing, were approved, as
set forth in the report dated May 5, 1987, from the Director of Public Works.
Construction cost was estimated at $80,000; the County had verbally agreed to
reimburse the City for $25,000 of the cost. Funds were budgeted in Account
12-6900-4710-112. Staff was authorized to call for bids.
RECESS AND RECONVENE
Council recessed at 7:30 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:33 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. AWARD OF CONTRACT FOR EMERGENCY AMBULANCE SERVICES (600.30)
This item was continued from the meeting of April 21, 1987.
Written Communications:
Report dated May 5, 1987, from the Senior Administrative Assistant, requesting
additional time to review new information pertaining to the issue.
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Continuation of Item:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to continue review of the item to the meeting of May 19, 1987.
CITY ATTORNEY
1. CITY OF ORANGE SIGN LITIGATION/RE UEST
FOR FINANCIAL ASSISTANCE 410.40
Written Communications:
Report dated May 5, 1987, from the City Attorney, citing the circumstances
resulting in the City of Orange's request for assistance in defending its sign
ordinance, which is under attack by the National Advertising Sign company in the
United States District court, Central District of California. The report advised that
the outcome of the litigation can have potential impacts throughout the United
States, and recommended a contribution of $1,000.
Authorization for Contribution:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to contribute $1,000 to the City of Orange in its Federal Court
sign litigation.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -
APPROVAL OF 12TH YEAR CONTRACTS 480.20 600.50
Written Communications:
Report dated May 5, 1987, from the Director of Community Planning and
Development, advising that the City had been allocated Housing and Community
Development Block Grant funds in the amount of $80,000, for Year 12, Fiscal Year
1986-87. The County Board of Supervisors approved the City's Year 12 funding
program as follows:
Public Facilities and Improvements:
Reconstruction of Los Rios Street $55,000
Rehabilitation of Private Properties (Mobile
Homes): Mobile Home Rehabilitation Program
for low- and moderate -income residents of
the seven mobile home parks in the City $25,000
The report forwarded operating agreements with the County outlining the amount
and use of the funds, who may qualify, and compliance with employment and labor
regulations, non-discrimination, and other similar provisions. Public Hearings for
the 12th Year Applications were held in October and November, 1985.
Approval of Contracts:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to approve the 12th Year Housing and Community Development
Block Grant Operating Agreements with the County of Orange, Contract Nos.
C40317 for Public Facilities and Improvements/Los Rios Street (L12.3) and C40318
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for Rehabilitation of Private Properties (Mobile Homes) (1-12.4). The Mayor and
City Clerk were authorized to execute the contracts on behalf of the City.
2. HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -
AMENDMENT TO 7TH YEAR CONTRACT 480.20/600.50
Written Communications:
Report dated May 5, 1987, from the Director of Community Planning and
Development, advising that of the $175,000 Housing and Community Development
Block Grant funds awarded to the City in Fiscal Year 1981-82 for public
improvements in the Los Rios area, $14,961.87 remained. The report forwarded a
contract amending the 7th Year contract to reallocate the remaining funds to
housing rehabilitation in the Los Rios area.
Approval of Contract:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to approve the Second Amendment to Contract with the County
of Orange, Contract Nos. C26636, for Real Property Acquisition, Public
Improvements, and Housing Rehabilitation, Los Rios Area (G12.3). The Mayor and
City Clerk were authorized to execute the contract on behalf of the City.
DIRECTOR OF PUBLIC WORKS
1. QUARTERLY CAPITAL IMPROVE
Written Communications:
Report dated May 5, 1987, from the Director of Public Works, summarizing the
activity of the Capital Projects for the City, the Community Redevelopment Agency
and the Sewer Fund during the third quarter.
With the consensus of Council, Mayor Bland ordered the report received and filed.
2. APPROVAL OF 1987-88 SERRA BUDGETS (330.50)
Written Communications:
Report dated May 5, 1987, from the Director of Public Works, advising that the
SERRA budgets were adopted by the SERRA Board of Directors at their April
meeting, contingent upon approval of the individual member agencies. Monies for
the budgets are financed through the City's Sewer Enterprise Fund (17) and assessed
to the appropriate line item accounts. The total 1987-88 SERRA Budgets were as
follows:
General Fund $ 66,900
Project Committee 2 $3,295,400
Project Committee 2-R $ 37,300
Project Committee 5 $ 233,450
Total $3,633,050
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Approval of SERRA Budgets:
It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and
unanimously carried to approve the 1987-88 SERRA Budgets and the City's
participating share as follows:
General Fund $ 11,825
Project Committee 2 $810,606
Project Committee 2-R $ 7,173
Project Committee 5 $ 38,400
Total $868,004
Staff was authorized to make the appropriate line item assessments in the Sewer
Enterprise Fund.
ORDINANCES
iMOKING IN PC
Written Communications:
Report dated May 5, 1987, from the City Clerk, advising that the Ordinance was
introduced at the meeting of April 21, 1987, 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
Schwartze, seconded by Councilman Buchheim that the following Ordinance be
adopted:
TO TITLE 5
-amvM1lIN" LIN rUDL1l rLnI - AIV V.lua. 1. l . v.
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING
CHAPTER 20, "SMOKING IN PUBLIC PLACES," TO TITLE 5,
"PUBLIC WELFARE," OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor Bland
NOES: None
ABSTAIN: Councilman Hausdorfer
ABSENT: None
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COUNCILMANIC ITEMS
1.
2.
2 87
.TER POLICY
Written Communications:
Report dated May 5, 1987, from the Administrative Assistant, advising that in her
capacity as Chairman of the Southern California Water Committee, Supervisor
Harriett Wieder had requested that the City take a formal position on the
Committee's Water Policy. The policy has four major goals: reliability of supply,
preservation of quality, commitment to conservation, and affordability. Meeting of
the goals will assist Southern California to meet its future water needs and to
continue its economic vitality and quality of living conditions.
Adoption of Policy:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that
the following Resolution be adopted:
RESOLUTION NO.
SUPPORTING SOUTHERN
l-t%l-lr VRIVlt1 Wt%1GR 1'VLlI.I - n RGJVLU 11VIN Vr 1nG %-Il I
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING SOUTHERN CALIFORNIA WATER
POLICY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
Written Communications:
Report dated May 5, 1987, from the Administrative Assistant, advising that
Supervisor Harriett Wieder had requested that the City join the County in endorsing
and participating in the Tanner planning process for the development and
implementation of a comprehensive hazardous waste management system.
Endorsement of Tanner Bill:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the
following Resolution be adopted:
NT OF ASSEMBLY
O1LL 47YO %I l LNINL Mj - A RGJVLU L I�IN V1' L nG V11 l V V V IN li1L
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ENDORSING ASSEMBLY BILL 2948 (TANNER)
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
COUNCIL REMARKS
1. TREE TRIMMING (410.90)
Councilman Buchheim stated that the tree pruning done on the eucalyptus trees at
Camino del Avion and Del Obispo Street was an excellent example of what the tree
trimming regulations were meant to achieve, and requested that the contractor be
complimented for the work.
2. ORANGE COUNTY PLANNING COORDINATION (110.40)
Councilman Hausdorfer requested that Council be kept apprised of the status of the
proposed South Orange County Planning Coordination session with the County
Planning Commission and City Commission representatives. He stated that Council
should appoint the City's representative.
3. CABLE TELEVISION (1000.40)
Mayor Bland advised that the City had not received any complaints regarding cable
television service during the month of April.
CLOSED SESSION
Council recessed to a Closed Session at 7:41 p.m., for discussion of legal matters and
acquisition of San Diego Gas and Electric property, the City Clerk being excused
therefrom, and reconvened at 8:50 p.m.
COUNCIL ACTIONS
ACQUISITION OF SAN DIEGO GAS AND ELECTRIC PROPERTY (820.65)
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to authorize staff to negotiate with San Diego Gas and Electric for
the purchase of street lights and to initiate eminent domain proceedings, if necessary.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:51
p.m., to the next regular meeting date of Tuesday, May 19, 1987, at 7:00 p.m., in the
City Council Chamber.
Respectfully submitted,
MARY ANN7NOVER, CITY CLERK
ATTEST:
ANTHONY L. AND, MAYOR
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