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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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:
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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