83-0315_CC_Minutes_Regular Meeting103.
MARCH 15, 1983
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 Buchheim at
7:02 p.m., in the City Council Chamber. The Pledge of Allegiance
was led by Matt McKenna, Cub Scout Pack No. 741. Invocation was
given by Councilman Gary L. Hausdorfer.
DEDICATION OF MEETING TO MEMORY OF CAPTAIN MIKE CHENARD
Mayor Buchheim dedicated the meeting to the memory of Captain
Mike Chenard, Orange County Fire Department, who died on March 12,
1983, as a result of injuries sustained from a fall from a fire
truck on February 24. Captain Chenard had been a Fire Inspector
in the City for many years; he had served approximately 30 years
with the Orange County Fire Department and the State Forestry
Service.
ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor
Anthony L. Bland, Mayor Pro tem
Kenneth E. Friess, Councilman
(Arrived at 7:33 p.m.)
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Bob Boone,
Acting Assistant City Manager/Director of Administrative
Services; William D. Murphy, Director of Public Works; Thomas G.
Merrell, Director of Community Planning and Development; James S.
Okazaki, City Attorney; Cheryl Johnson, Deputy City
Clerk/Recording Secretary.
MINUTES
Regular Meeting of March 1, 1983:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the Minutes of the regular meeting of March 1,
1983, be approved with the correction on Page 10, second
paragraph, No. (2) of the words "Valle Road" to "Avenida Siega."
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: Councilman Friess
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MOTION TO READ BY TITLE ONLY
It was moved by Councilman Bland, seconded by Councilman
Hausdorfer that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: Councilman Friess
PRESENTATIONS AND COMMENDATIONS
1. COMMENDATION - CUB SCOUT PACK NO. 741
(36) Mayor Buchheim read the Certificate of Commendation awarded
to San Juan Capistrano Cub Scout Pack 741, Webelos Den 2, in
recognition of their efforts to learn about local government
and to fulfill the requirements for attainment of the
"Citizenship Activity Badge." The Cub Scout Pack was
present and Mayor Buchheim presented the Commendation to
Jerry Neve, Cub Master.
ORAL COMMUNICATIONS
1. SAN JUAN CAPISTRANO FRIENDS OF THE LIBRARY
(61) Bryan Smillie, President, San Juan Capistrano Friends of the
Library, read a letter dated March 14, 1983, advising of the
organization's activities and inviting the Council to attend
the annual Book Fair fund-raiser which will be held on
Saturday, April 16 at the San Juan Capistrano Friends of the
Library Day, and Mayor Buchheim advised that the appropriate
document will be prepared.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: Councilman Friess
1. APPROVAL OF WARRANTS
(41) The List of Demands dated March 15, 1983, Warrant Register
No. 83-092, in the total amount of $169,361.03, was approved
as submitted.
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2. CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of February 28,
1983, in the total amount of $7,095,000.00, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(41) The City Treasurer's Report advising that there were no 1911
Act Bond delinquencies as of February 28, 1983, was approved
as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Report of Fund Cash Balances as of
February 28, 1983, was approved as submitted.
5. CHANGE ORDER NO. 2 -
TIME - MULTI -
(88) As set forth in the report dated March 15, 1983, from the
Director of Public Works, Multi -Modal Terminal Contract
Change Order No. 2, a 60 -day time extension requested by
D. W. Contracting due to rain delays, design modifications
and additional work requested by the City, was approved.
6. AGREEMENT FOR STREET IMPROVEMENTS, CAMINO CAPISTRANO
(BARWICK IMPORTS)
(38) As set forth in the report dated March 15, 1983, from the
Director of Public Works, the Agreement with Barwick Datsun
Agency for postponement of public improvements on Camino
Capistrano in front of and contiguous to the Agency property
for a period of 3 years, or until the City requires
construction of improvements, was approved. The Agreement
requires the developer to post a Faithful Performance Bond
for public improvements in the amount of $41,400. The Mayor
and City Clerk were authorized to execute the Agreement on
behalf of the City; the City Clerk was directed to forward
the Agreement to the Orange County Recorder.
7. RELEASE OF GRADING BOND, 32881 CAMINO CAPISTRANO (SLEMONS
HONDA DEALERSHIP/CLOCK CONSTRUCTION COMPANY)
(49) All grading work has been completed by the Clock
Construction Company at the Slemons Honda Dealership, 32881
Camino Capistrano, and staff was authorized to release
Grading Bond No. YS842-6340, in the amount of $50,000, from
Industrial Indemnity Company, as set forth in the report
dated March 15, 1983, from the Director of Public Works.
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8.
SET PUBLIC
DATE -APPEAL OF
(39) As set forth in the report dated March 15, 1983, from the
City Clerk, a Public Hearing was set for the meeting of
April 5, 1983, on the appeal filed by Jerry V. Harris in -
conjunction with the Planning Commission's February 8, 1983,
denial of a request to waive Conditional Use Permit 81-5
Condition No. 3, which requires painting of barn roofs.
9. SET HEARING DATE - APPEAL OF PLANNING COMMISSION DECISION RE
(68) As set forth in the report dated March 15, 1983, from the
City Clerk, a Public Hearing was set for the meeting of
April 5, 1983, on the appeal filed by Ross Pollard, in
conjunction with the Planning Commission's February 22,
1983, denial of a modification to Site Plan A.C. 1006 for
construction of a 1,008 -square -foot enclosed playground area
at the McDonald's Restaurant located on Del Obispo Street.
10. APPLICATION TO PRESENT LATE CLAIM FOR PERSONAL INJURIES
.r,,..rm., .,1. 11
(35) The Claim in the amount of $1,500,000, and the Application
to Present Late Claim, filed on March 4, 1983, by Attorney
John A. Luetto on behalf of Navan P. Lamitz and Gwenn Ruzzi,
for injuries allegedly sustained to the Claimants' father,
who died as the result of an accident that occurred on March
20, 1982, was denied and referred to the City's Claims
Adjuster, Carl Warren Insurance, as set forth in the report
dated March 15, 1983, from the City Clerk.
11. CLAIM FOR CUSTOM ADDRESS MARKERS, TRACT 9784, CONNEMARA
(35) The Claim in the amount of $7,962.70, submitted by Moreland
(85) Development Company for damages sustained in replacing
curb -side street address markers in Tract 9784, was denied
and referred to the City's Claims Adjuster, Carl Warren
Insurance, as set forth in the report dated March 15, 1983,
from the City Manager.
BIDS, CONTRACTS, AGREEMENTS
1. PLANS, SPECIFICATIONS AND CALL FOR BIDS - TRAFFIC SIGNAL
MODIFICATION, DEL OBISPO AND CAMINO CAPI6TRANO
(82) Written Communications:
Report dated March 15, 1983, from the Director of Public
Works, requesting approval of plans and specifications for a
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traffic signal modification at Del Obispo and Camino
Capistrano to provide separate left turn signal phasing cn
the Del Obispo Street approaches to Camino Capistrano. The
estimated cost of the project is $25,000; funds are budgeted
in the 1982-83 Capital Improvements budget.
Approval of Plans, Specifications and Call for Bids:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to approve the
plans and specifications for the traffic signal
modifications at Del Obispo Street and Camino Capistrano,
and to authorize a call for bids.
2. AWARD OF CONTRACTS FOR LANDSCAPE MAINTENANCE SERVICES - CITY
PARKS, PARKWAYS AND LANDSCAPE MAINTENANCE DISTRICTS
(38) Written Communications:
(74) Report dated March 15, 1983, from the Director of Public
Works, forwarding the results of bids received February 22,
1983, for the maintenance of City parks, parkways and
landscape districts. Funds for City landscaping services
have been budgeted for 1982-83, and will be included in the
1983-84 budget.
Award of Contracts:
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to determine that the bids
were complete, to award the City's landscape maintenance
contracts as follows, and to reject all other bids received:
(a) Landscape Maintenance Districts for specified portions
of Tracts 7673, 8485, 9382, 9284, 9373, and 7654 to
California Landscape, Inc., of San Juan Capistrano, in
the amount of $40,034 per year;
(b) City Parks to Midori Gardens of Santa Ana, in the
amount of $79,356 per year; and,
(c) City Parkways to Toyo Landscaping Company of Santa Ana,
in the amount of $30,444 per year.
The Mayor and City Clerk were authorized to execute the
documents on behalf of the City.
3. AWARD OF CONTRACT - OLD FIRE STATION RENOVATION
(62) Written Communications:
Report dated March 15, 1983, from the Director of Public
Works, forwarding the results of bids received March 8,
1983, for the renovation of the Old City Fire Station. The
report advises that funding for the project has been reduced
due to other capital priorities and suggests a budget
adjustment to enable the City to accomplish the renovation
in the 1982-83 fiscal year.
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Award of Contract/Approval of Budget Adjustment:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to determine
that the bids were complete; to award the contract for the
Old City Fire Station Renovation to Gabriel Construction of
Laguna Hills in the amount of $124,990; to reject all other
bids received; and, to authorize the transfer of funds as
follows:
(1) Delete - Tennis Court Resurfacing $12,000
(2) Reduce Park and Recreation Fees
Participation in Library
Construction Cost to: 50,000
(3) Appropriate - Revenue Sharing Fund 30,000
The Mayor and City Clerk were authorized to execute the
appropriate document on behalf of the City.
4. AGREEMENT WITH SAN CLEMENTE SENIORS, INC. - CONSOLIDATION OF
DIAL -A -VAN TRANSPORTATION SERVICE
(38) Written Communications:
Report dated March 15, 1983, from the Director of
Recreation, forwarding an Agreement with San Clemente
Seniors, Inc., to consolidate the City's Dial -A -Van
Transportation Services with the San Clemente Seniors
service, which is provided by the Community Development
Council. The report advises that the City's van will become
the property of the Community Development Council; that a
cash payment to the San Clemente Seniors of $184, and
in-kind considerations equal to $816, including parking,
clerical staff, telephone and gasoline services, are
required of the City by the Agreement. The report further
advises that consolidation of the transportation programs
will save the City approximately $17,000.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to approve the Agreement with
San Clemente Seniors, Inc., for Dial -A -Van Transportation
Services for the City's senior citizens and handicapped
population from April 1, 1983, to June 30, 1983, and to
approve a cash payment of $184 and non-cash considerations
in the amount of $816. The Mayor and City Clerk were
authorized to execute the Agreement on behalf of the City.
RECESS AND RECONVENE
Council recessed at 7:17 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:20 p.m.
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ADMINISTRATIVE ITEMS
CITY MANAGER
1. CONSIDERATION OF
PRIVATE ROAD, TR
TRAIL EASEMENT
10.7
(73) This item was continued from the meeting of March 1, 1983.
Written Communications:
(1) Report dated March 15, 1983, from the City Manager,
forwarding additional information and recommending
acceptance of all Irrevocable Offers of Dedication for
equestrian/hiking trails in Tract 9795.
(2) Cover letter dated March 7, 1983, from the City Clerk
forwarding materials received on the item March 1.
(3) Letter dated March 12, 1983, from Gary Bench, 31527
Aguacate Road, in favor of accepting the Irrevocable
Offers adjacent to the Aguacate Private Road.
Exhibits were on display and the City Manager made an oral
presentation, noting that the issue was whether or not to
accept the Irrevocable Offers of Dedication in the tract.
Mayor Buchheim advised that public comment would be allowed
on that issue only.
Public Input:
The following persons addressed Council:
(1) Dennis Zentil, Attorney for Mr. and Mrs. Bill Bird,
26161 Calle Roberto, discussed alternatives outlined
in the staff report; presented photographs of the area,
discussing trail connections and his clients'
preference for eliminating the Irrevocable Offers
entirely. He advised, however, that since his client
would appreciate a definite conclusion to the matter,
he would be agreeable to City acceptance of all Offers
in the tract.
Councilman Friess arrived at 7:33 p.m.
(2) John Giangardella, 26121 Calle Roberto, spoke against
acceptance of the Offers, noting mature trees in the
trail area and a loss of privacy and possible security
problems if the Offer is accepted and the trail
improved.
(3) Robert and Beverly Hirst, 26112 Calle Roberto, stated
objections to public access to the proposed trail on
their property.
(4) Gary Sparks, 31831 Paseo Cielo, spoke in favor of
accepting the Offers, as well as requiring the
developer, Mr. Love, to construct the required trail
improvements.
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(5) Ilse Byrnes, Equestrian Commission Chairman, spoke in
favor of accepting the Offers and presented an
Equestrian Commission report dated July 12, 1982, which
sets forth Public Resources Code Section 5075.4 and
Civil Code Section 846 regarding landowner liability.
(6) Gary Bench, 31527 Aguacate Road, discussed conditions
found within the Irrevocable Offer area on various lots
in the tract and urged acceptance of the Offers of
Dedication.
Acceptance of Offers of Dedication:
Council stated their commitment to maintaining the
equestrian lifestyle in the City and their concern that a
precedent would be set if the Irrevocable Offers in question
were eliminated. Mayor Buchheim advised that the City will
be flexible in helping the affected property owners correct
their problems. It was moved by Councilman Schwartze,
seconded by Councilman Hausdorfer and unanimously carried as
follows:
(1) Disregard the staff recommendation set forth in the
March 1, 1983, report to Council.
(2) Direct staff to prepare a resolution accepting the
irrevocable offers to dedicate equestrian/hiking trail
easements on all lots within Tract 9795 (Love).
(3) Direct that all construction currently being undertaken
within any easement area to be accepted for dedication
cease, and that no additional construction be
permitted.
(4) Approve the City Manager's directive to staff dated
February 28, 1983, and direct that a Council policy
statement be developed incorporating the requirements
prescribed in the City Manager's memorandum.
(5) Direct staff to prepare a plan and schedule for the
improvement and use of the affected easement areas,
including linkages to other parts of the trail system.
This report to be submitted for the review and
consideration of the Equestrian Commission for the
purpose of making a recommendation to the City Council.
ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
CABLE TELEVISION CONSULTANT REPORTS
(43) Written Communications:
Report dated March 15, 1983, from the Administrative
Services Officer, forwarding for discussion and direction,
summaries of the Policy and Technical Reports completed by
the consultant, Cable Television Information Center.
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f Reports/Preparation of Ordinance Revisions:
It was moved by Councliman Schwartze, seconaea by Councilman
Hausdorfer and unanimously carried to accept the reports and
to instruct staff to prepare the necessary ordinance
revisions and other documents for implementation; and, to
continue working with the consultant, Storer Cable TV and
Times Mirror.
Bob Boone and Mike Little were commended for their work in
this area.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF PLANNING COMMISSION DECISION - RELOCATION
OF STRUCTURE TO LOS RIOS AREA (HIRSCH/MIRKIN)
(67) This item was continued from the meeting of February 15,
1983.
Written Communications:
Report dated March 15, 1983, from the Director of Community
Planning and Development, forwarding the appellant's request
to continue the appeal to May 3, 1983, to allow time to
request the Planning Commission to reconsider its actions ii
light of new proposals which will be made.
Continuance of Appeal:
With the concurrence of Council, Mayor Buchheim directed
that the appeal be continued to the meeting of May 3, 1983.
DIRECTOR OF PUBLIC WORKS
1. MODIFICATION OF TRAFFIC CONTROL, RANCHO VIEJO ROAD AND
CALLE ARROYO
(82) Written Communications:
Report dated March 15, 1983, from the Director of Public
Works, recommending that the traffic signal at the
intersection of Rancho Viejo Road and Calle Arroyo be turned
off and a Stop Sign installed, since lack of development in
the vicinity has reduced the needs for the signal operation3
at the current time.
Councilman Hausdorfer was advised that an off -agenda report
will be forwarded to Council regarding completion of the
Rancho Viejo Road/Ortega Highway intersection.
Approval of Traffic Signal Modifications:
It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried to approve the turn-off of
the traffic signal at Rancho Viejo Road/Calle Arroyo; to
designate Rancho Viejo Road as a "Stop" approach at its
intersection with Calle Arroyo; and, to direct the Traffic
Engineer to appropriately modify the regulatory devices at
this location to reflect the changes.
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COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF MARCH 8, 1983
(67) The Report of Actions taken by the Planning Commission at
their meeting of March 8, 1983, was ordered received and
filed.
PUBLIC FACILITIES COMMITTEE
1. SELECTION OF CONSULTANT (CIVIC CENTER)
(34) Written Communications:
(38) Report dated March 15, 1983, from the Public Facilities
Committee, forwarding the Committee's recommendation for
selection of a consultant to study the civic center space
needs and design criteria.
Stating a possible conflict of interest, Councilman Friess
left the Council Chamber.
Selection of Danielson Design Group:
Following an oral presentation by Councilman Schwartze, it
was moved by Councilman Hausdorfer, seconded by Councilman
Bland and unanimously carried with Councilman Friess absent
to select the firm of Danielson Design Group of San Juan
Capistrano, to carry out the civic center space needs and
design criteria study, in the amount of $8,220, and to
authorize the Director of Community Planning and Development
to finalize and execute the necessary agreement.
Councilman Friess returned to the Council Chamber and
resumed his duties.
REMARKS
1. BULLET TRAIN VIDEO
(88) Councilman Schwartze was advised that staff is in the
process of obtaining the proper video equipment for
presentation of the Bullet Train Video Tape to the City's
Committees, Boards and Commissions.
2. ATTENDANCE AT LEAGUE OF CALIFORNIA CITIES
(61) Councilman Schwartze advised that he would be unable to
attend the League of California Cities meeting on March 17,
and Mayor Buchheim was designated to represent the City at
that meeting.
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3. FINGERPRINTING SERVICES
(70) Councilman Schwartze noted information received regarding
fingerprinting of children as a possible aid in locating
missing children. He suggested consideration be given to
making the service available to the community through the
Parks and Recreation Program.
4. TREE PRESERVATION
(74) Councilman Bland advised that a fallen tree on Calle Aspero
which had received preservation measures had been cut down.
5. MEETING ATTENDANCE
(32) Councilman Bland advised that he will be unable to attend
the April 5, 1983, Council meeting.
6. NORTHWEST CIRCULATION STUDY WORKSHOP
(44) Councilman Hausdorfer noted the significance of the
Northwest Circulation Study and requested publicity
regarding the workshop to be held on Tuesday, March 22,
1983, at 6:00 p.m., in the Council Chamber.
7. ON-GOING STATUS REPORTS
(36) Councilman Hausdorfer thanked staff for the on-going status
reports on the San Joaquin Corridor and Capital
Improvements.
8. CIVIC CENTER INFORMATION
(34) Councilman Hausdorfer advised that he had a bar chart
available for Council information with regard to civic
center improvements.
9. AVENIDA SIEGA/ORTEGA HIGHWAY INTERSECTION SIGHT IMPROVEMENTS
(87) Mayor Buchheim advised Council of the current situation with
regard to improving the sight distance at the intersection
of Avenida Siega and Ortega Highway.
CLOSED SESSION
Council recessed to a Closed Session at 8:23 p.m., for discussion
of legal matters, the Deputy City Clerk being excused therefrom,
and reconvened at 8:52 p.m.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 8:52 p.m., to the next regular meeting date of
April 5, 1983, at 7:00 p.m., in the City Council Chamber.
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
By
CHERYL JPHNS_,qN, DEPUTY
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