80-0903_CC_Minutes_Regular MeetingSEPTEMBER 3, 1980
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 Hausdorfer at
7:08 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Ernest
Sillers, St. Margaret's of Scotland Episcopal Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Phillip R. Schwartze, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
Office Vacant
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works; Thomas G. Merrell,
Director of Community Planning and Development; Keith Welputt,
Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of August 20, 1980:
It was moved by Councilman Buchheim, seconded by Councilman Friess
that the Minutes of the Regular Meeting of August 20, 1980, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Buchheim, and
Mayor Hausdorfer
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Friess
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Friess, Schwartze, Buchheim, and
Mayor Hausdorfer
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - AMERICAN YOUTH SOCCER ORGANIZATION
(36) Mayor Hausdorfer read the Proclamation in full commending the
American Youth Soccer Organization of Region 87, which
participated in a 2 -week trip to England as part of the
cultural exchange program. Eighteen members of the San Juan
Capistrano -Dana Point team were in attendance and the
Proclamation was presented to Gus Owen, coach, and Nan Owen,
Team Mother, on behalf of the team members who were
congratulated for their efforts in winning the International
Soccer Tournament at Bromley, Kent.
-1- 9/3/80
18'
WRITTEN COMMUNICATIONS
1. BEAR BRAND RANCH GRADING, TRACT 9390 (TOWN HALL ASSOCIATION)
(85) Council received copies of a letter dated August 26, 1980,
(61) from James P. Atkins, III, President, Town Hall Association
of San Juan Capistrano, Inc., requesting information with
regard to grading of roads across the ridgeline of Bear Brand
Ranch development. A response letter from the Building and
Safety Supervisor was also received. The Director of Public
Works advised that a meeting between the County Inspector and
City Staff would be held on September 5 at 9:00 A.M. Council
requested notification of the results of that meeting.
RESOLUTIONS
1. APPOINTMENT TO BOARD OF DIRECTORS OF THE SOUTHEAST
REGIONAL RECLAMATION AUTHORITY (COUNCILMAN BUCHHEIM)
(79) Written Communications:
Report dated September 3, 1980, from the City Clerk forwarding
a proposed resolution, pursuant to action of the City Council
on August 20, 1980, in accepting the resignation of James
F. Thorpe from the S.E.R.R.A. Board of Directors.
Formation of District:
It was moved by Councilman Freiss and seconded by Councilman
Schwartze to adopt the following Resolution:
RESOLUTION NO. 80-9-3-1, APPOINTING SERRA BOARD
MEMBER AND ALTERNATE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPOINTING BOARD MEMBERS TO SERVE
AT MEETINGS UNDER THE SERRA CONTRACT, AND
RESCINDING RESOLUTION NO. 80-3-5-4
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, and
Mayor Hausdorfer
ABSTAIN: Councilman Buchheim
NOES: None
ABSENT: None
The Resolution affirms the appointments of Councilman Lawrence
F. Buchheim as Board Member and Public Works Director William
D. Murphy as alternate to represent the City at the meetings
of SERRA.
2. PROPOSED NO PARKING ZONE - ORTEGA HIGHWAY
(64) Written Communications:
Report dated September 3, 1980, from the Director of Public
Works forwarding a proposed resolution which would establish
a No Parking Zone on the south side of Ortega Highway from
the southbound on-ramp to 570 feet easterly. The Planning
Commission and staff recommend the restricted zone; the Traffic
and Transportation Commission does not support the recommendation.
Mike Villegas, Member of the Traffic Commission, addressed the
Council to re -affirm the Commission position.
Referral to Commission:
Council concurred with the suggestion of the Director of Public
Works that the matter receive additional review by the Commission,
with specific review of parking in front of the two service
stations, and input from the Sheriff representative.
BIDS, CONTRACTS, AGREEMENTS
1. AWARD OF CONTRACT, MONTANEZ ADOBE RESTORATION
In TO l nMMDAOMTA7( / n N
-2- 9/3/80
19
(23) Written Communications:
(38) Report dated September 3, 1980, from Pamela Hallan, Administrative
Assistant, advising that one bid was received on August 27, 1980,
for restoration of the Montanez Adobe located at 31745 Los Rios
Street. The report advises that a total of $91,000 is budgeted,
consisting of $56,000 from Systems Development funds, $20,000 from
County Revenue Sharing funds, and $15,000 from HCDA funds. Bid
award is recommended due to the firm's experience with adobe
restoration.
Award of Contract:
It was moved by Counclman Schwartze, seconded by Councilman
Buchheim and unanimously carried to award the contract for
restoration of the Montanez Adobe to D. W. Contracting Co. of
Laguna Beach in the amount of $85,619 and to authorize the Mayor
and City Clerk to execute the contract on behalf of the City.
2. AWARD OF CONTRACT, DESCANSO/TRABUCO CREEK RECREATIONAL
BRIDGE (SPIESS CONSTRUCTION)
(62) Written Communications:
(38) Report dated September 3, 1980, from the Director of Public Works
(74) forwarding the results of the bid opening held August 27, 1980,
for installation of the recreational bridge spanning Trabuco
Creek at Descanso Park. State and County grant funds have been
accepted for project financing.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to award the contract for
installation of the recreational bridge to Spiess Construction
of Santa Maria, in the amount of $76,715, and to reject all
other bids. The Mayor and City Clerk were authorized to execute
the contract on behalf of the City.
3. CONSIDERATION OF STREET LIGHTING AGREEMENT
(SAN DIEGO GAS & ELECTRIC)
(53) Written Communications:
Report dated September 3, 1980, from the Director of Public Works
forwarding a proposed agreement submitted by San Diego Gas &
Electric which would place the City on a priority list for
conversion of the 517 street lights owned by San Diego Gas &
Electric from mercury vapor to high pressure sodium vapor lighting
due to cost considerations. Mr. Murphy advised that the City's
existing Agreement with San Diego Gas & Electric does not expire
until November, 1981.
Continuation of Existing Policy/Request for Report:
It was moved by Councilman Freiss, Seconded by Councilman
Buchheim and unanimously carried to continue with existing City
Council policy in support of mercury vapor street lighting
throughout the City and to decline to enter the agreement for
conversion to sodium vapor lighting.
With Council concurrence, Mayor Hausdorfer requested that the
press advise readers that the City will review the matter further;
the Director of Public Works was directed to submit a report
within 60 to 90 days based on input received from residents
regarding preference for type of lighting.
4. AGREEMENT FOR RIGHT-OF-WAY ACQUISITION, CAMINO
DEL AVION STREET IMPROVEMENTS (KINOSHITA)
(83) Written Communications:
(38) At the request of the Director of Public Works, this item was
ordered held over to a later date.
5. AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS
(SIGNAL MAINTENANCE, INC.)
-3- 9/3/80
pac
(82) Written Communications:
(38) Report dated September 3, 1980, from the Director of Public
Works requesting approval of a revised Agreement for traffic
signal maintenance providing for a 12% inflationary increase
of approximately $900 per year.
9
Approval of Revised Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the revised
Agreement with Signal Maintenance, Inc., of Anaheim for the
5 -year period ending September 3, 1985, and to authorize the
Mayor and City Clerk to execute the Agreement on behalf of
the City.
APPROVAL OF AGREEMENT FOR CIRCULATION STUDY
LA NOVIA/LAS RAMBLAS (COUNTY OF ORANGE AND
(44) Written Communications:
(38) Report dated September 3, 1980, from the Director of Public
Works forwarding a joint agreement with the County of Orange
and the City of San Clemente for a cooperative circulation
study for amendment of the Master Plan of Arterial Highways
and city general plans. The agreement provides for preparation
of an environmental impact report and a total City participatory
share of $8,500.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to approve the Agreement
for the La Novia Circulation Study with the County of Orange
and the City of San Clemente and to authorize the Mayor and
City Clerk to execute the Agreement on behalf of the City.
7. APPROVAL OF CHANGE ORDER AND AGREEMENT FOR HORNO
CREEK LOW FLOW CHANNEL EXTENSION - ASSESSMENT
DISTRICT 78-3 (ORTEGA PROPERTIES, ORTEGA PARTNERS,
HAL GREENE)
(74) Written Communications:
(38) Report dated September 3, 1980, from the Director of Public
Works regarding implementation of construction of the Horno
Creek Low Flow Extension required by the California Department
of Fish & Game in conjunction with Assessment District 78-3.
The Director of Public Works advised that all agreements had
not been received and requested that the City Engineer be
authorized to execute the agreements upon receipt.
Approval of Documents:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to approve the following actions:
(1) Approval of Change Order #2 authorizing construction ^
of the Horno Creek low flow extension;
(2) Approval of the Agreement to construct the creek
extension; the City Engineer and City Clerk were
authorized to execute the Agreement upon receipt;
(3) Acceptance of right-of-way documents; the Mayor and
City Clerk were authorized to execute the documents
on behalf of the City.
8. CONSTRUCTION OF DEEP CANYON DRAINAGE RETENTION
BASIN - APPROVAL OF AGREEMENT IN LIEU OF
-4- 9/3/80
N
(80) Written Communications:
(85) Report dated September 3, 1980, from the Director of Public
(38) Works forwarding a proposed Agreement between the City and
Morris Misbin, developer of Tentative Tract 9784. The
Agreement provides for construction of a deep canyon retention
basin, pursuant to the Master Plan of Drainage, in lieu of the
$1,470 per acre drainage fee requirement for the 99 -acre
development.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement for
Construction of Master Planned Facilities, Tract 9784, and to
authorize the Mayor and City Clerk to execute the Agreement
on behalf of the City; the City Clerk is directed to record
the Agreement upon its execution.
CONSENT CALENDAR
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Schwartze, Buchheim, and
Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated September 3, 1980, Warrant Register
No. 81-031, in the total amount of $860,713.23, was approved
as submitted.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
AUGUST 25, 1980
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of August 25, 1980, was ordered received and
filed.
3. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
MEETINGS OF AUGUST 7 AND 21, 1980.
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meetings of August 7 and 21, 1980, was
ordered received and filed.
4. APPROVAL OF IMPROVEMENT AGREEMENT AND ACCEPTANCE
OF SURETY, ORTEGA VILLAGE CENTER, A.C. 79-16 (ORTEGA
PROPERTIES)
(38) The Improvement Agreement for A.C. 79-16 for the construction
(68) of public improvements in the Ortega Village Center is approved
(74) and the Mayor and City Clerk authorized to execute the
(85) Agreement on behalf of the City; and, the City Clerk is
directed to record the document. The following bonds are
accepted:
Faithful Performance Bond No. 4095122 issued by Safeco
Insurance Company in the amount of $85,500; and,
Labor and Materials Bond No. 4095122 issued by Safeco
Insurance Company in the amount of $85,500.
-5- 9/3/80
22
5. APPROVAL OF CHANGE ORDER NO. 6, EXTENSION OF
TIME - HARRISON FARMHOUSE (MILES AND KELLEY)
(23) Change Order No. 6, a 15 -day time extension to September 15th
(38) was approved for the Harrison Farmhouse project, due to
delays in providing electrical service, as set forth in the
report dated September 3, 1980, from Pamela Hallan,
Administrative Assistant.
6. APPROVAL OF CHANGE ORDER NO. 1, MINOR JOB CHANGES
ASSESSMENT DISTRICT 78-3 (CLARKE CONTRACTING CORP.)
(74) Change Order No. 1, a contract cost increase of $6,018.46
(38) for miscellaneous job changes, was approved, as set forth
in the report dated September 3, 1980, from the Director of
Public Works.
7. APPROVAL OF CHANGE ORDER NO. 2, ADDITIONAL WORK -
ASSESSMENT DISTRICT 78-1 (FRED WEISZ AND ASSOCIATES)
(74) Change Order No. 2, for additional work for installation of
(38) a water line and for increased costs of import fill in the
amount of $13,422.50 was approved, as set forth in the report
dated September 3, 1980, from the Director of Public Works.
8. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT -
-1 (FRED WEISZ AND ASSOCIATES
(74) Written Communications:
(38) Report dated September 3, 1980, from the Director of Public
Works, advising that the construction of Assessment District
78-1 has been completed to the satisfaction of the City
Engineer.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 80-9-3-2, COMPLETION OF CAMINO
CAPISTRANO SOUTH, ASSESSMENT DISTRICT 78-1
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 CAMINO
CAPISTRANO SOUTH, ASSESSMENT DISTRICT 78-1
The Resolution accepts the construction of Camino Capistrano
South and directs the City Clerk to forward the Notice of
Completion to the County Recorder within 10 days.
Payment status is as follows:
Total Construction Cost $204,617.79
Less 10% Retention 20,461.77
Total Due $184,156.02
Previous Payment 111,667.14
Balance Due this Payment $ 72,488.88
The 10% retention is payable 35 days after recordation of the
Notice of Completion.
9. WORKSHOP DATES - TRAFFIC CIRCULAT
STUDY
(32) The following workshops were scheduled, as set forth in the
(44) report dated September 3, 1980, from the Director of
(68) Community Planning and Development:
9/3/80
22
Traffic Circulation, September 17, 4:30 P.M., in the
Hot Springs Dance Hall;
Downtown Master Plan, September 24, 7:00 P.M., in the
City Council Chamber;
Hillside Guidelines, October 1, 4:30 P.M., in the
Hot Springs Dance Hall.
10. PUBLIC HEARING DATE, APPEAL OF PLANNING COMMISSION
(67) A Public Hearing was scheduled for October 1, 1980, on the
(92) appeal of the Planning Commission decision of August 21, 1980,
(25) in conjunction with signs for San Juan Plaza filed by Chester
M. Winebright, as set forth in the report dated September 3,
1980, from the City Clerk.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. APPROVAL OF ZONING ADMINISTRATOR PROCEDURES, AS AMENDED
(95) Written Communications:
(69) Report dated September 3, 1980, from the Assistant to the
City Manager forwarding copies of the proposed City Council
Policy Statement regarding Zoning Administrator Rules and
Procedures, pursuant to Ordinance No. 410.
Approval of Procedures, as Amended:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to adopt the policy
establishing Zoning Administrator Rules and Procedures with
the following amendments:
Public Hearings were changed from 3:00 P.M. to 4:00 P.M.;
Meeting reports are to be submitted to Council as memoranda;
Council will review the procedures periodically.
2. TEMPORARY REORGANIZATION - PUBLIC WORKS DEPARTMENT
(24) Written Communications:
(66) Report dated September 3, 1980, from David DeBeauvais,
(74) Administrative Assistant, regarding a temporary reorganization
within the Public Works Department to enable the City to retain
four employees whose positions at the SERRA Treatment Plant are
being abolished effective September 1, 1980. The proposal
includes the creation of four Utility Man C positions in the
Maintenance Division which would replace four authorized vacant
positions for the period ending June 30, 1981.
Approval of Temporary Reorganization:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to approve four Utility Man C
positions through June 30, 1981, in lieu of four unfilled
positions within the Public Works Department.
DIRECTOR OF PUBLIC WORKS
1. AMENDMENT TO PROJECT COMMITTEE NO. 2 TO INCLUDE
OPERATION OF 13 MGD PLANT (SERRA)
(79) Written Communications:
Report dated September 3, 1980, from the Director of Public
Works advising that the newly -constructed 4 MGD Treatment
Plant expansion (Project Committee 7) has been completed and
accepted by SERRA and is to be included by amendment within
the current Project Committee No. 2 for maintenance and
operation of the Plant.
-7- 9/3/80
M
Approval of Amendment:
It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried to approve the Amendment
to Project Committee No. 2 to include the addition of the
4MGD expansion and to authorize City execution of the
necessary documents.
2. DEL
(39) Written Communications:
(81) Report dated September 3, 1980, from the Director of Public
Works regarding funding for the installation of 5 -foot high
fencing of the Capistrano Valley Baptist Church school
athletic field along Del Obispo Street near its intersection
with Aguacate Road.
Approval of Participation:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to authorize an expenditure
not to exceed $1,251.30 for fencing the Capistrano Valley
Baptist Church athletic field as a public protection
benefiting both children and vehicular traffic.
PLANNING COMMISSION
1. REPORT OF MEETING OF AUGUST 26, 1980
(67) With the concurrence of Council, Mayor Hausdorfer ordered the
Report of Actions taken by the Planning Commission on
August 26, 1980, received and filed.
COUNCIL REMARKS
1. INTERIOR TRAFFIC FLOW
(CAPISTRANO VALLEY BAPTIST CHURCH)
(39) Council concurred that Councilman Buchheim be authorized to
meet with representatives of the Capistrano Valley Baptist
Church to discuss the parking lot traffic flow situation.
2. TRABUCO CREEK SAND AND GRAVEL OPERATION
(56) Councilman Friess noted a memorandum from the Traffic Engineer
(87) regarding truck traffic on Trabuco Creek Road. The Director
of Public Works advised that a meeting will be scheduled with
the City Attorney and staff and the County Counsel and traffic
advisors. Mr. Friess requested receipt of a report on the
meeting.
3. CABLE TELEVISION SERVICES -
LEAGUE OF CALIFORNIA CITIES MEETING
(43) Councilman Schwartze advised that the September 4th League
(61) of California Cities meeting topic would be cable television
services and suggested that Council Members attend.
4. COMMISSION AND BOARD MEMBER COMPENSATION
(23) Councilman Schwartze noted the September 2nd memorandum from
the City Manager indicating that no action would be taken on
the proposal to pay Commission and Board Members by meeting
attendance instead of monthly.
5. CITY COUNCIL PHOTOGRAPHS
(32) Council concurred with the request of Mayor Hausdorfer that
the City arrange the photographing of former Mayors of the
City.
-8- 9/3/80
25
6. TREE REMOVALS
(74) Council concurred that a policy statement is to be prepared
regarding unauthorized tree removals, and the Director of
Community Planning and Development advised that the report
is forthcoming.
EXECUTIVE SESSION
Council recessed to Executive Session at 7:53 P.M., the City Clerk
being excused therefrom, and reconvened at 8:30 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 8:31 P.M. to the next meeting date of Wednesday,
September 17, 1980, at 4:30 P.M. in the Hot Springs Dance Hall
for a traffic circulation workshop with Members of the Planning
Commission and Traffic and Transportation Commission.
Respectfully submitted,
ATTEST:
-9- 9/3/80