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85-1203_CC_Minutes_Regular Meeting223 DECEMBER 3, 1985 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Schwartze at 7:03 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Arch Rutherford, Coast Bible Church. ROLL CALL PRESENT: Phillip R. Schwartze, Mayor Gary L. Hausdorfer, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Kenneth E. Friess, 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 Baker, Director of Community Services; Cheryl Johnson, Recording Secretary. DEDICATION TO MEMORY OF TERRI OYHARZABAL RODRIGUEZ (114.4) Councilman Buchheim advised of the recent death of Terri Oyharzabal Rodriguez, noting her family's role in the City's incorporation and donation of the land where the City Hall is located. It was moved by Councilman Bland, seconded by Councilman Hausdorfer, and unanimously carried to dedicate the meeting to the memory of Terri Oyharzabal Rodriguez. MINUTES Regular Meeting of November 19, 1985: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of November 19, 1985, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSTAIN: Councilman Friess ABSENT: None -1- 12/3/85 224 MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION - DRUNK AND DRIVING Written Communications: Report dated December 3, 1985, from the Administrative Assistant, forwarding a proclamation urging all citizens to learn what they can do to prevent drunk and drugged driving during the upcoming holiday season. Drunk and Drugged Driving Awareness Week: With the concurrence of Council, Mayor Schwartze proclaimed the week of December 15-21, 1985, as Drunk and Drugged Driving Awareness Week in San Juan Capistrano. 2. COMMENDATION - RECOGNITI NG Written Communications: Report dated December 3, 1985, from the Assistant City Manager, advising that Bryan Smillie was instrumental in the establishment of the Friends of the Library and has been an active participant in the San Juan Capistrano Meals -on -Wheels Program. Presentation of Commendation: Mayor Schwartze cited Mr. Smillie's work in conjunction with building of the library, founding of and participation in the Friends of the Library and Bookstore, and his support of various library services, as well as his participation in various community organizations. Mr. Smillie was in attendance and Mayor Schwartze presented a plaque expressing appreciation for dedicated services. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the staff recommendations be accepted for the -2- 12/3/85 225 following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (202.2 The List of Demands dated November 20, 1985, Warrant Register No. 86-052, in the total amount of $293,811.52, was approved as submitted. 2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20) The City Treasurer's Report of Fund Cash Balances as of October 31, 1985, in the total amount of $57,443.29, was approved as submitted. 3. DENIAL OF CLAIM (ROSENKRANTZ) (402.130) As set forth in the report dated December 3, 1985, from the City Attorney, the Claim filed on October 28, 1985, by Attorney Robert Scapa on behalf of Evelyn Rosenkrantz, for general damages in the amount of $15,000, was denied with direction to allow the City's insurance company, Hartford Insurance, to continue handling the claim. 4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4) The Report dated December 3, 1985, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of November 18, 1985, was ordered received and filed. 5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (139.4) The Report dated December 3, 1985, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of November 13 and 27, 1985, was ordered received and filed. 6. COMPLETION OF 1985 WEED ABATEMENT PROGRAM (APPLE'S TRACTOR SERVICE) (610.1/406.48) The 1985 Weed Abatement Program was completed, as set forth in the report dated December 3, 1985, from the Director of Public Works. -3- 12/3/85 226 Acceptance of Work: The following Resolution was adopted: ION NO. 85-12-3-1, COMPLETION OF WEED IN THE CITY OF SAN JUAN CAPISTRANO - 1985 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN _ CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO THE ABATEMENT OF WEEDS AND OTHER NOXIOUS AND PUBLIC NUISANCES IN THE CITY OF SAN JUAN CAPISTRANO (APPLE'S TRACTOR SERVICE) The Resolution accepted the work as complete in the amount of $32,334.72, and directed the City Clerk to forward a Notice of Completion to the County Recorder within 10 days. 7. CHANGE ORDER NO. 1, IRRIGATION AND LANDSCAPE MODIFICATIONS - LANDSCAPE MAINTENANCE DISTRICT NO. 1 (CAPISTRANO ROYALE) (406.619/421.2) As set forth in the report dated December 3, 1985, from the Director of Public Works, Change Order No. 1, in the amount of $12,388, to be funded through Account No. 13-4720-213, for installation and restoration of additional landscape and irrigation improvements, was approved. 8. COMPLETION OF PUBLIC IMPROVEMENTS, TRACT 11095 (CAPISTRANO The public improvements for Tract 11095 were completed, as set forth in the report dated December 3, 1985, from the Director of Public Works. Acceptance of Work: The following Resolution was adopted: ION NO. 85 - ION OF IMPROVEMENTS - TRACT 11095 (CAPISTRANO ROYALE) - 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 11095 (CAPISTRANO ROYALE) The Resolution accepted and approved the work and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was directed to exonerate the following bonds upon expiration of 35 days from the filing of the Notice of Completion: Bond No. Amount Purpose 100985 $459,000 Faithful Performance 100985-B 459,000 Labor and Materials -4- 12/3/85 227 PUBLIC HEARINGS 1. APPEAL OF ZONING ADMINISTRATOR'S DECISION DENYING ZONE VARIANCE 85-16 (VILLACRES) (318.3/323:1) Proposal: Consideration of an appeal of the October 24, 1985, Zoning Administrator's denial of a variance to allow construction of a four -foot -wide overhead walking deck and stairway on the east side of an existing residence located at 28092 Paseo Verde. The proposed walkway would encroach three feet into the required ten -foot side -yard setback. Applicant: Maria Villacres, 28092 Paseo Verde, San Juan Capistrano. Written Communications: Report dated December 3, 1985, from the Director of Community Planning and Development, forwarding background information and a recommendation to uphold the Zoning Administrator's decision. Patricia Willcocks, Assistant Planner, made an oral presentation, noting that staff had been unable to make positive conclusions on the four mandatory findings required pursuant to the Municipal Code and, discussing alternatives to the variance. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Denial of Appeal: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 85-12-3-3, DENYING ZONE VARIANCE 85-16 (VILLACRES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING ZONE VARIANCE 85-16; A REQUEST TO BUILD A WALKING DECK AND STAIRWAY WHICH WILL ENCROACH THREE FEET INTO THE SIDE -YARD SETBACK (VILLACRES) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None -5- 12/3/85 2282. VE TRACT 12423 (AREA E), TENTATIVE Proposal: Consideration of the area plans, tentative maps, and comprehensive development plans for approximately 450 acres within the Comprehensive Development Plan for the Glendale Federal Planned Community. Tentative Tract 12423 (Area E), is located to the south and above the San Juan Hills Golf Course, and Tentative Tract 12262 (Area F), is located to the south and uphill of Area E. Tract 12423 would consist of 267 attached townhomes; Tract 12262 would consist of 40 attached homes and 196 single-family (zero lot line) homes. Included in the consideration is a Conditional Use Permit to allow lot sizes smaller than the required 10,000 square feet in the single-family portion of Tract 12262. The open space gained from developing smaller lots would be designated for parkland uses. Applicant: Mr. Tak Fujii, Glenfed Development Corporation, 16601 Ventura Boulevard, Encino, 91436. Written Communications: (1) Report dated December 3, 1985, from the Director of Community Planning and Development, forwarding background information and recommendations from the Planning and Traffic and Transportation Commissions. The report discussed proposed safeguards to be taken to assure geological stability, phasing of grading, grading limits, architectural and site changes made due to visual impacts, landscaping and wall design, development of recreation centers and parklands, and proposed reductions in various street widths. (2) Response to Comments on Draft EIR Federal Property, Capistrano staff November, 1979. prepared by the and Ultrasystems, No. 78-9, Glendale City of San Juan Inc., dated (3) EIR No. 78-9, Glendale Federal Planned Community, prepared by Ultrasystems, Inc., dated February, 1979. Exhibits were on display and Larry Lawrence, Senior Planner, made an oral report, noting that the subject tracts were consistent with the tracts included in the Environmental Impact Report prepared in 1978-79 for the overall planned community. He noted the Planning Commission's recommendation for installation of mercury vapor outdoor lighting rather than high pressure sodium lights and discussed the recommendation regarding reduced widths for various streets. In response to Councilman Hausdorfer, he advised that the Environmental Impact Report was still adequate, that the project description had not changed; the -6- 12/3/85 229 information was still valid, and additional evaluations had been done regarding geological stability and visual impacts. Councilman Hausdorfer recommended that the additional information be made a part of the Environmental Impact Report prepared in 1979. In response to Councilman Bland, Mr. Lawrence advised that mercury vapor street lighting had been recommended due to the visual impacts. The Director of Public Works advised that replacements for mercury vapor lights were still available and that the operating costs of mercury vapor lighting were approximately 10 percent higher than high pressure sodium lights. Councilman Bland recommended that the actual cost differences be investigated. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and the following persons responded: (1) Tak Fujii, representing Glenfed Development Corporation, 16601 Ventura Boulevard, Encino, 91436, spoke in support of the project and stated concurrence with the Planning Commission's recommendation regarding reduced street widths. (2) Carolyn Nash, representing the Planning Commission, responded to Councilman Bland's concerns regarding visual impacts, glare, and costs of mercury vapor lighting and stated that reduced street widths would be more compatible with the hillside development. There being no further response, Mayor Schwartze closed the Hearing with the right to re -open at any time. Council Discussion: Councilman Hausdorfer stated grave concerns regarding stability of the area and concurred with the recommendation of the City's geotechnical consultant that the grading be done by both the City and the developer. In response to Councilman Hausdorfer's question regarding individual buyers holding the City harmless, the City Attorney pointed out a condition of approval requiring an indemnity provision covering the City from any potential damage and stated that approval of the tracts would authorize implementation of the program. Councilman Buchheim concurred with concerns regarding stability and stated support for all efforts to relieve the City of liability. Certification of Environmental Impact Report: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 85-12-3-4, CERTIFICATION OF DRAFT ENVIRONMENTAL IMPACT REPORT - TENTATIVE TRACTS 12423 -7- 12/3/85 230 (PARCEL E) AND 12262 (PARCEL F) (GLENDALE FEDERAL/LOMAS SAN JUAN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE ENVIRONMENTAL IMPACTS OF TENTATIVE TRACTS 12423 AND 12262, CONDITIONAL USE PERMIT 85-15, AND ASSOCIATED AREA PLANS AND DEVELOPMENT PLANS, AND CERTIFYING THE DRAFT ENVIRONMENTAL IMPACT REPORT (GLENDALE FEDERAL/LOMAS SAN JUAN) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdor£er, and Mayor Schwartze NOES: None ABSENT: None Council directed that the following items be included as an addendum to the Environmental Impact Report prepared in 1979: (1) Color photographic visual analyses (two views: one from I-5 southbound and one from the Ortega Highway bridge over I-5); (2) Soils and Geology Reports from Leighton and Associates dated November 16, 1984; February 12, 1985; October 2, 1985; and October 18, 1985; (3) Reports from D. A. Evans, Inc., analyzing the above Leighton reports, dated January 17, 1985; March 6, 1985; and November 7, 1985; (4) Letter report from Sukut Construction dated September 30, 1985, regarding soils and geology; and, (5) Other associated soils and geology reports on the subject project not specifically listed above. All information will be kept in the Planning Department case files for use with future projects. Approval of Parcel E Area Plan, Tentative Tract 12423, and Composite Development Plans: It was moved by Councilman Bland, seconded by Councilman Friess, that the following Resolution be adopted with the caveat that due to the sensitivity of the recommended lighting, that particular condition be withheld subject to an investigation of the cost and glare differences. With the concurrence of the second, the motion was subsequently amended to include a condition that grading be monitored specifically as per approved plans and recommendations; the �� 12/3/85 231 portion of Condition No. 7 regarding outdoor lighting is to be retained pending further report: UTION NO. 85-12- 0ILM0 12423 kul'rryukLbt'. t'-L'LL't(HL/LV1"lEiJ Z'klN JUkU-4/r1ir(k.E1' Z) — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12423, PARCEL E AREA PLAN, AND COMPOSITE DEVELOPMENT PLANS (GLENDALE FEDERAL/LOMAS SAN JUAN) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None Approval of Parcel F Area Plan, Tentative Tract 12262, and Composite Development Plans: It was moved by Councilman Bland, seconded by Councilman Hausdorfer, that the following Resolution be adopted with the caveat that due to the sensitivity of the recommended lighting, that particular condition be withheld subject to an investigation of the cost and glare differences. With the concurrence of the second, the motion was subsequently amended to include a condition that grading be monitored specifically as per approved plans and recommendations; the portion of Condition No. 7 regarding outdoor lighting is to be retained pending further report: RESOLUTION NO. 85^12-3-6 TENTATIVE TRACT MAP 12262 (GLENDALE FEDERAL LOMAS SAN JUAN/PARCEL F) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12262, PARCEL F AREA PLAN, AND COMPOSITE DEVELOPMENT PLANS (GLENDALE FEDERAL/LOMAS SAN JUAN) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None Approval of Conditional Use Permit 85-15: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 85-12-3-7 APPROVING PERMIT 85-15 (GLENDALE FEDERAL LOMA — A RF.ROMITTON f1F THF. rTTv rr)tTMr TT. -9- 12/3/85 232 JUAN CAPISTRANO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 85-15, PERMITTING AN OPEN SPACE SUBDIVISION IN TENTATIVE TRACT 12262 (GLENDALE FEDERAL/LOMAS SAN JUAN/PARCEL F) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None Approval of Grading Easement: It was moved by Councilman Buchheim, seconded by Councilman Hausdrofer, and unanimously carried to authorize the Mayor and City Clerk to execute an easement to allow minor grading into the City's open space area, provided such grading is consistent with that shown on Tentative Tract Map 12262, that the City is held harmless from liability resulting from said grading, and the content of the grading easement is approved by the City Attorney. MOBILE HOME PARK REVIEW COMMITTEE 1. FINDINGS MOBILE This item, which was continued from the meeting of November 19, 1985, was taken out of order on the Agenda for the benefit of those in the audience. Written Communications: Report dated December 3, 1985, from the Assistant City Manager, forwarding results of the Public Hearing held on September 11th by Tully Seymour, Hearing Officer, in conjunction with a petition received July 19, 1985, from residents of San Juan Mobile Estates, protesting a rent increase taking effect August 1, 1985. Mr. Seymour identified the following issues and submitted findings on each: (1) Is the rental adjustment within the "Maximum Allowable Increase" permitted under Section 2-2.902 of the Municipal Code? Mr. Seymour found that the increase of 3.38 exceeded the maximum allowable increase, which was determined by City staff per the formula set forth in Section 2-2.902(d)(2), to be 3.19%. (2) Were the "pass through" charges which the mobile home park management deducted to arrive at the base rent property excluded within the meaning of Section 2-2.902(g), which defines "rent?" Mr. Seymour found -10- 12/3/85 233 that the deduction of the charges for cable television, sewer service, trash service, and water to determine the base rent, was justified. (3) Is the capital replacement charge for electrical facilities chargeable to the mobile home park tenants? Mr. Seymour found that based upon the evidence, the park owner was justified in passing through the expense incurred for the electrical work and that the method of amortizing the cost based upon a $2.00 per month charge per space for five years was fair and reasonable. However, if the Building Official did not verify that the electrical work or any portion thereof was mandated by the applicable code, the charge should be disallowed to the extent that it was discretionary. (4) Is the rent increase in excess of the "Maximum Allowable Increase;" i.e., 3.38, "fair and reasonable" within the meaning of Section 2-2.902(g)? Mr. Seymour found that the maximum increase in the base rent should be 3.198; any amount in excess of that should be disallowed. The report advised that the Mobile Home Park Review Committee considered the matter on October 15th and November 5th, and voted to ratify Mr. Seymour's findings with regard to Issues 1, 2, and 4, and to oppose the finding with regard to Issue 3. The Assistant City Manager made an oral report, noting that the Committee's recommendation varied from Mr. Seymour's with regard to item 3, since the Committee had been unable to find justification for the proposed $2.00 per space per month capital improvement charge for a replacement of a portion of the electrical system. He discussed the Building Official's memo which discussed the Park's electrical system and which stated that insufficient information existed to determine what portion of the work was necessary to correct a Code violation and what portion could be identified as a capital improvement upgrade. He further advised that the Hearing Officer had not reviewed the Building Official's memo. Council Discussion: Council stated concurrence with the Committee's recommendations regarding items 1, 2, and 4. Discussion ensued regarding the electrical work done on the Park's privately -owned distribution system and the replacement of the Master Transformer serving the Park, done during August, 1983, by San Diego Gas and Electric. The following persons addressed Council: -11- 12/3/85 234 (1) Nobby Cochran, Building Official, advised that the imbalance in the Park's system and a leak in the Master Transformer would not have caused the problems requiring repair work on the Park's system in 1984. In response to Council, he stated that at the time of installation of the Park's new circuit breaker, the equipment did not meet Code requirements due to its failure; however, the amount of repair work done, which included installation of conduit, was not necessary to correct the Code violation. (2) Dennis Hill, representing management of the San Juan Mobile Estates, spoke in support of the Park Owners' actions. He advised that additional supporting information could be presented with regard to the electrical work, and suggested that the matter be referred back to the Hearing Officer for a rehearing. (3) Ed Dailey, 32371 Alipaz Street, Space 89, stated that the work done on the system should be regarded as maintenance work and the charge should not be assessed to the residents. Councilman Hausdorfer stated support for the Committee's finding that the $2.00 charge for capital replacement of a portion of the electrical system was not justified. Councilman Bland stated that the Park Owners made a good business decision which will benefit the residents; however, under the guidelines, he was unable to find that the work could be identified as anything other than maintenance. Councilman Buchheim stated that some upgrading had been done and compensation should be allowed for that portion. AADroval of the Mobilehome Park Review Committee's Findinqs: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and carried, with Councilman Buchheim voting in the negative, to approve the four findings as recommended by the Mobilehome Park Review Committee and to direct the City Attorney to prepare the necessary written documentation within 30 days. BIDS, CONTRACTS, AGREEMENTS 1. RECORDS MANAGEMENT PROGRAM PROPOSAL (HISLOP Written Communications: Report dated December 3, 1985, from the City Clerk, forwarding a proposal and an agreement from Norma Hislop for records management services. The first phase of the program includes a review of the work done to date and assessment of the Inventory. All City records will be reviewed; those eligible for destruction will be identified, and destruction lists will be prepared for approval and -12- 12/3/85 purging by the Departments. The scope of work is not to exceed $12,000; funds are budgeted in Clerk's Department Specialized Services Account 235 for Phase I the City 01-4130-213. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to approve the Agreement between the City and Norma J. Hislop for records program services and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 2. AWARD OF BID - CAMINO CAPISTRANO BRIDGE (C804.2) Written Communications: Report dated December 3, 1985, from the Director of Public Works, forwarding results of bids received for the construction of the Camino Capistrano Bridge at San Juan Creek. The report advised that the low bidder, Novo -Rados, failed to meet the specification relating to the percentage of work to be given to a disadvantaged business; however, an extensive analysis resulted in the finding that a good faith effort was made to meet the goal and a resolution was forwarded setting forth the basis for the finding and allowing a waiver of the goal. The report advised that the Federal Aid Urban Program will reimburse the City for 86.22% of the applicable costs incurred, or approximately $2,500,000. The County of Orange will contribute an estimated $325,000, leaving the City with an obligation of approximately $150,000. Award of Bid: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the following Resolution be adopted: RESOLUTION NO. 85-12-3-8. AWARD OF BID F OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AWARDING LOW BID AND CONTRACT TO NOVO-RADOS FOR THE CONSTRUCTION OF THE CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None The Resolution awarded the contract to the low bidder, Novo -Rados of Santa Ana, in the amount of $2,975,383, and authorized the Mayor and City Clerk to execute the appropriate contractual documents. The Resolution further -13- 12/3/85 236 set forth findings that Novo -Rados demonstrated a good faith effort to meet the disadvantaged business goal of 12%. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS - LOS RIOS AREA. MISSION STREET AND RAMOS STREET IMPROVEMENTS Written Communications: Report dated December 3, 1985, from the Director of Public Works, requesting approval of plans to connect the existing City -owned housing units on Mission and Ramos Streets to the public sewer system which is currently under construction. The Engineer's estimate for the project was $76,920; the cost of construction will be reimbursed through the Orange County Housing and Community Development Program. Funds were available in Account No. 26-4720-024 of the Community Redevelopment Agency Capital Project Budget; a transfer of funds to the City was necessary to finance construction. of Funds/Approval of Plans/Call for Bids: it was movea oy uouncliman nausaorzer, seooiiaeu uy Councilman Buchheim, and unanimously carried to accept the transfer of funds from the Community Redevelopment Agency; to approve the plans and specifications for the Los Rios Area - Mission Street and Ramos Street Improvements; and, to authorize a call for bids. 4. FIRST AMENDMENT TO AGREEMENT WITH DEVELOPERS INSURANCE Written Communications: Report dated December 3, 1985, from the Director of Public Works, advising that on May 7, 1985, the City entered into an agreement with Developers Insurance Company for implementation of improvements in the Capistrano Royale development. The report noted that during the last six months, the majority of the internal public improvements have been completed; however, the undergrounding and construction work on Rancho Viejo Road has been delayed due to additional design and delays in the permit process. The report forwarded a request from Bruce McIver, of Developers Insurance Company, for a 90 -day time extension for completion of the work. The original agreement called for work to be completed by December 30, 1985. Approval of Amendment to Agreement: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried to approve the Amendatory Agreement with Developers Insurance to provide a 90 -day time extension up to and including March 31, 1986, for completion of improvements. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. -14- 12/3/85 237 RECESS AND RECONVENE Council recessed at 8:45 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:50 p.m. ADMINISTRATIVE ITEMS CITY CLERK 1. APRIL 8, 1986, GENERAL MUNICIPAL ELECTION (408.62 RESOLUTION CALLING ELECTION Written Communications: Report dated December 3, 1985, from the City Clerk, forwarding a Resolution calling and giving notice of the General Municipal Election to be held on Tuesday, April 8, 1986, for the election of three members of the City Council for four-year terms to fill the offices presently held by Councilmen Bland, Hausdorfer, and Schwartze. The nomination period runs from January 9, to January 30, 1986, at 5:00 p.m.; if any incumbent does not file by January 30th, the period will be extended to February 4, 1986, at 5:00 p.m., for persons other than incumbents. The polls will be open from 7:00 a.m. to 8:00 p.m. The sum of $12,500 was included in the City Clerk's 1985-86 budget, Election Account No. 217. Calling of Election: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the following Resolution be adopted: RESOLUTION NO. 84-12-3-9, CALLING ELECTION FOR APRIL 8, 1986 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, APRIL 8, 1986, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None -15- 12/3/85 0, 38 RESOLUTION REQUESTING COUNTY SERVICES Written Communications: Report dated December 3, 1985, from the City Clerk, forwarding a Resolution requesting that the Board of Supervisors permit the County Election Department to render the following service relating to the general municipal election to be held on April 8, 1986: computer record and indices of names and addresses of registered voters. The cost for the service was estimated at $1,400; costs are included in the City's 1985-86 Budget, Elections Account No. 01-4130-217. Requesting Election Services: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution be adopted: ON NO. 85-12-3-10, REQUESTING COUNTY OF ELECTION - A RESOLUTION OF THE CITY COUNCIL UYTHE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, APRIL 8, 1986 The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None The City Clerk was directed to forward a certified copy of the Resolution to the Board of Supervisors and to the County Election Department. RESOLUTION SETTING CHARGES FOR CANDIDATES' STATEMENTS Written Communications: Report dated December 3, 1985, from the City Clerk, forwarding a Resolution determining that each candidate for election shall pay the estimated prorated costs of printing and handling the Candidate's Statement. The report advised that since the 1984 election, amendments to the minority language provisions of the Federal Voting Rights Act had been made and the City was no longer required to translate election materials into Spanish. Provisions of the State law would require translation: (1) if individual candidates request that a translation of their Candidate's Statement be prepared and mailed with ballot materials; (2) translations of any measures are to be posted in each voting booth at the polls. The prorated costs of printing and handling the -16- 12/3/85 239 Candidate's Statement were estimated at $150 for English only and $350 for English and Spanish. Charge for Statement: It was moved by Councilman Buchheim, second by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 85-12-3-11, CANDIDATES STATEMENTS - 1986 GENERAL MUNICIPAL ELECTION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATES STATEMENTS FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, APRIL 8, 1986 The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None The City Clerk was directed to provide each candidate or candidate's representative a copy of the Resolution at the time nominating petitions are issued. All previous resolutions establishing Council policy on payment for candidates statements were repealed; this Resolution shall apply at the next ensuing municipal election and at each municipal election after that time. 2. AFFIRMATION OF LOCAL APPOINTIVE LIST FOR COMMISSIONS, BOARDS, AND COMMITTEES (130.3) Written Communications: Report dated December 3, 1985, from the City Clerk, forwarding the lists of Commissions, Boards, and Committees prepared pursuant to Government code Section 54974. The report advised that when a vacancy occurs on the Local Appointive List, a notice is prepared and posted at the official posting places and press releases are issued. Affirmation of Lists: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried to affirm the lists of Commissions, Boards, and Committees as submitted and to concur with the posting of Vacancy Notices at the three official posting places in the City, as well as in the City Clerk's Department. -17- 12/3/85 240 DIRECTOR OF ADMINISTRATIVE SERVICES 1. TIMES MIRROR (DIMENSION) CABLE RATE ADJUSTMENT (417.3) Written Communications: Report dated December 3, 1985, from the Director of Administrative Services, forwarding a letter from Dimension Cable Services (Times Mirror) advising that effective January 1, 1986, there will be a rate adjustment for subscribers in the City; the adjustment will bring both Times Mirror and the former Storer subscribers under the same rate structure. The City currently has no control over rates charged since cable systems were deregulated under State law. The City will receive a small increase in franchise fees as a result of the rate adjustment. Councilman Hausdorfer noted receipt of a letter dated November 15, 1985, from Mr. Hagata regarding the poor quality of the Dimension Cable picture. Staff was directed to prepare a letter to Dimension Cable for the Mayor's signature expressing concerns and requesting a response regarding the quality of service received over the last several months. With the concurrence of Council, Mayor Schwartze ordered the report received and filed. DIRECTOR OF PUBLIC WORKS 1. ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUND Written Communications: Report dated December 3, 1985, from the Director of Public Works, advising that on October 2, 1985, the Governor signed Senate Bill 429, which allows the Orange County Transportation Commission to allocate to cities, the County, and Caltrans, funds generated by the interest on the County's $85 million rapid transit savings account. Interest was estimated at $8.5 million per year. The interest will be deposited in the Orange County Unified Transportation Trust Fund; half will be designated for streets and roads and half for freeways and state highways. The program is designed to give priority to pavement rehabilitation projects such as resurfacing and - reconstruction. When specific projects have been selected and costs identified, a report will be prepared for Council consideration in January, 1986. Senate Bill 429 will remain in effect until January 1, 1989, unless extended. The Director of Public Works advised that staff was preparing projects for rehabilitative work on Camino Capistrano. -18- 12/3/85 241 It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, and unanimously carried to order the report received and filed. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF ACTIONS (140.4) The Report dated December 3, 1985, from the Director of Community Planning and Development, regarding actions taken by the Planning Commission at their meeting of November 26, 1985, was ordered received and filed. [419111lk cap* WAI GY1%to)lkF7 1. APPOINTMENT OF ONE MEMBER TO THE PLANNING COMMISSION (NUNN) (140.2) Written Communications: Report dated December 3, 1985, from the Assistant to the City Manager, forwarding a list of applicants for appointment to fill the vacancy on the Planning Commission. Appointment of Roy Nunn: Councilman Hausdorfer recommended that Roy Nunn, who was currently serving on the Architectural Board of Review, be appointed to the Planning Commission. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to appoint Roy Nunn to fill the vacancy on the Planning Commission; to direct that the vacancy on the Architectural Board of Review be advertised immediately; and, that Mr. Nunn serve on both the Commission and the Board for a period not to exceed 90 days. COUNCIL REMARKS 1. MOULTON-NIGUEL WATER DISTRICT (114.1/1005.1) There was a consensus of Council that a Resolution of Commendation be prepared in recognition of the 25th anniversary of the Moulton -Niguel Water District. 2. BEAR BRAND RANCH HILLSIDE! ,onm 1 111 C 1% Councilman Buchheim noted the damage being caused on the hillsides due to off-road vehicles and staff was directed to prepare a letter to Robert Hill for the Mayor's signature. -19- 12/3/85 242 3. SAN JUAN ACRES WATER DISTRICT SITE (1005.1) Councilman Friess noted an abundance of weeds at the San Juan Acres Water District site on Calle Arroyo in the Ortega Properties and was advised that staff will contact the District again regarding the problem. 4. LOCAL AGENCY FORMATION COMMISSION/SAN CLEMENTE ANNE Mayor Schwartze advised that LAFCO will consider a proposal to annex a portion of Capistrano Beach to the City of San Clemente at a meeting to be held on December 5th and Council will be kept informed of the LAFCO action. 5. CITY'S 25TH ANNIVERSARY (115.5) Mayor Schwartze advised that a meeting will be scheduled with Special Events Marketing regarding the City's 25th anniversary celebration and an off agenda report will be prepared. CLOSED SESSION Council recessed to a Closed Session at 9:06 p.m., for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 9:51 p.m. ADJOURNMENT There being no further was adjourned at 9:51 Tuesday, December 17, Chamber. ATTEST: business before the Council, the meeting p.m., to the next regular meeting date of 1985, at 7:00 p.m., in the City Council Respectfully submitted, MARY ANN OVER, C Y CLERK -20- 12/3/85