81-0707_CC_Minutes_Regular Meeting295
JULY 7, 1981
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
7:00 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman
Gary L. Hausdorfer.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Lawrence F. Buchheim, Mayor pro tem
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, 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; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of June 2, 1981
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the Minutes of the Regular Meeting of June 2,
1981, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
Adjourned Regular Meeting of June 9, 1981
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the Minutes of the Adjourned Regular Meeting of
June 9, 1981, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
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, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
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PRESENTATIONS AND COMMENDATIONS
1. EMPLOYEE PERFORMANCE AWARDS
(66) Mayor Schwartze advised that the following employees were
selected as recipients of the 1980-81 Performance Awards:
(1) Francisco Aguilera
(2) Bob Boone
(3) Cathy DuCoing
(4) Mike Porter
(5) Kathi Weathers
Construction Inspector
(Public Works Department)
Accounting Officer
(Administrative Services
Department)
Records Coordinator
(City Clerk's Department)
Assistant Planner
(Department of Community
Planning and Development)
Secretary
(Recreation Department)
Mayor Schwartze expressed the Council's appreciation for the
quality of service rendered to the City and presented
individual checks in the amount of $1,000 with congratulations.
2. SISTER CITIES ASSOCIATION
(34) Mayor Schwartze displayed a plaque, book, and maps presented
to the City during the recent visit to the Sister City of
Petra, Mallorca. Janet Boucher, President of the Sister
Cities Association, was present to accept the memorabilia.
3. RESOLUTION OF COMMENDATION - JAMES S. MOCALIS,
FORMER CITY MANAGER
(33) Mayor Schwartze read the Resolution in full, which commends
(36) James S. Mocalis for his service as City Manager since his
appointment on February 16, 1975 until his retirement
effective June 30, 1981. It was moved by Councilman Bland,
seconded by Councilman Friess to adopt the following Resolution:
RESOLUTION NO. 81-7-7-1, COMMENDING JAMES S. MOCALIS -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING JAMES S. MOCALIS,
FORMER CITY MANAGER
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
The Resolution was presented to Mr. Mocalis with appreciation.
4. CERTIFICATE OF COMMENDATION
(36) Mayor Schwartze presented a Certificate of Commendation to
Loretta Zimmerman, Assistant to the City Manager, in
recognition of her recent election as President of the Orange
County Chapter of the American Society of Public Administrators.
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ORAL COMMUNICATIONS
1. CAMINO DEL AVION MOBILE HOME PARK - LITIGATION
(25) The City Attorney made an oral report on the lawsuit
(35) recently filed by the owner of the Camino del Avion
Mobile Home Park. A Court Order was issued on July 1st
temporarily enjoining the City from enforcing any
penalties prescribed by Ordinance No. 412 and from
taking any action on petitions from residents of the
Park.
2. CITY MANAGER HOUSING
(33) Marilyn Williams, 29931, Camino Capistrano, referred to
the Agenda Item regarding housing provisions for recently -
appointed City Manager Julian and requested information on
financial arrangements.
3. ARROYO PARK IMPROVEMENTS
(62) David Rink, resident of the Mission Woods development,
requested that weeds be cleared from the adjacent Arroyo
Park. The Director of Public Works advised that a purchase
order has been issued to clear the weeds, with funds with-
held from the contractor who installed the landscape
improvements.
WRITTEN COMMUNICATIONS
1. LETTER
4, 1981 -
(46) Letter dated June 4, 1981, from Anna M. Pierson Green,
(76) President, Soroptimist International of San Clemente, P. O.
Box 267, San Clemente 92672, requesting appointment of
citizen commissions to draft conservation measures and to
research renewable energy installations for inclusion in the
General Plan.
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried that staff be directed to
prepare a letter to the Orange County Board of Supervisors
suggesting that the County may wish to consider the request.
The City has included energy conservation measures with
development approvals and within the General Plan.
2. LETTER DATED JUNE 11, 1981, REQUEST FOR CORRECTIONS - CAMINO
DEL AVION STORM DRAIN (KINOSHITA)
(76) Written Communications:
(80) Letter dated July 11, 1981, from Shigeru Kinoshita, Kinoshita
Farms, P. O. Box 201, requesting correction of deficiencies
in the Camino del Avion Storm Drain between Del Amo Street
and Marco Forster Junior High School.
There was a concurrence of Council that the request be
referred to the Director of Public Works for reply.
3. LETTER DATED JUNE 11, 1981, REQUEST FOR EXTENSION OF
AGRICULTURAL FENCING - ALIPAZ STREET (KINOSHITA/VERMEULEN)
(68) Written Communications:
(76) Letter dated June 11, 1981, from Shigeru Kinoshita, Kinoshita
Farms, P. O. Box 201, requesting the extension of permanent
fencing fronting the Charles Vermeulen property on Alipaz
Street.
Council was advised that the request had been withdrawn from
the Agenda.
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4.
LETTER DATED JUNE 15, 1981, REQUEST FOR EXCLUSION FROM
(74) Written Communications:
Letter dated June 15, 1981,
Calle Con Carlo, requesting
Canyon Slope District.
from Dr. 0. Nalcioglu, 27011
to be excluded from the Meredith
The letter was considered later in the meeting in conjunction
with discussion of the Slope District.
5. LETTER DATED JUNE 15. 1981. REOUEST
(76) Written Communications:
(87) Letter dated June 15, 1981, from Jerry Morrison, Management
Service Company, 1234 East Normandy Place, Santa Ana 92705,
on behalf of the Casa de Capistrano Homeowners Association,
requesting law enforcement on private streets.
With the concurrence of Council, Mayor Schwartze referred
the request to the City Manager, with direction to initiate
enforcement.
6. LETTER DATED JUNE 22, 1981, REQUEST FOR TRAFFIC ENFORCEMENT
ON PRIVATE STREETS (SUNHOLLOW HOMEOWNERS ASSOCIATION)
(76) Written Communications:
Letter dated June 22, 1981, from John F. Katzmaier, President,
Sunhollow Homeowners Association, 27575 Brookside Lane,
requesting law enforcement on private streets.
With the concurrence of Council, Mayor Schwartze referred
the request to the City Manager, with direction to initiate
enforcement.
MOBILE HOME PARKS
1. ORDINANCE NO. 425 - AMENDMENT TO TITLE 2, SECTION 2-2.902,
MOBILE HOME PARK RENT MEASURE FORMULAE (ADOPTION)
(23) Written Communications:
(55) (1) Report dated July 7, 1981, from the City Clerk advising
that the Ordinance, regularly introduced at the Council
meeting of June 9, 1981, is scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Hausdorfer
seconded by Councilman Buchheim that the following Ordinance
be adopted: -
ORDINANCE NO. 425, MOBILE HOME PARK REVIEW COMMITTEE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ARTICLE 9, CHAPTER 2, TITLE 2,
SECTION 2-2.902 (g), OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
The motion was carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
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2. REVIEW OF ZONING ME
ADULT/FAMILY STATUS
FOR MOBILE HOME PARKS -
299
(23) Written Communications:
(25) (1) Report dated July 7, 1981, from the City Attorney,
advising that the City may establish zones for mobile -
homes or mobilehome parks, including family, adult,
condominium, subdivision, or planned unit development
zones.
Gerald Gibbs, representing the residents of Rancho del Avion
Mobile Home Estates, requested that the City Attorney be
directed to review State and local legislation with the
purpose of requesting an additional restraining order to
stop the park owner from implementing a change of status
from family to all -adult effective November 1st. Mr. Gibbs
expressed appreciation for the support received from the
City and staff.
Referral to Staff:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim and unanimously carried that the review of
zoning mechanisms be referred to the Director of Community
Planning and Development; a report and ordinance format are
to be submitted at the meeting of July 21.
3. RESIGNATION OF MOBILE HOME PARK REVIEW COMMITTEE MEMBER
(23) Mayor Schwartze cited the letter dated July 7, 1981, from
Committee Member Austin Dodge and requested that staff post
the appropriate Vacancy Notice.
4. AMENDMENTS TO TITLE 4, CHAPTER 2, UNIFORM FIRE CODE,
1979 EDITION (INTRODUCTION)
(25) Written Communications:
(55) (1) Report dated July 7, 1981, from the Director of Public
Works.
Introduction of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Friess,
seconded by Councilman Hausdorfer that the following Ordin-
ance be introduced.
ORDINANCE NO. 426, AMENDMENT TO TITLE 4 OF THE
MUNICIPAL CODE (PUBLIC SAFETY) - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CHAPTER 2 OF TITLE 4 OF THE MUNICIPAL
CODE AND ADOPTING THE UNIFORM FIRE CODE, 1979
EDITION, TOGETHER WITH CERTAIN AMENDMENTS,
STANDARDS, SUPPLEMENTS AND APPENDICES THERETO,
AND DELETING THE 1976 EDITION OF THAT SAME
UNIFORM FIRE CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
A Public Hearing for adoption of the Ordinance was set for
July 21, 1981, at 7:00 P.M., in the City Council Chamber.
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CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland 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, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated July 7, 1981, Warrants Register
No. 81-011, in the total amount of $1,133,516.95, was approved
with the exception of Warrant No. 2071, payable to Clarke
Construction Company, in the amount of $75,029.21.
2. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF
JUNE 23, 1981
(23) The report dated July 7, 1981, from the Secretary of the
Cultural Heritage Commission was ordered received and filed.
3. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JUNE 22, 1981
(23) The report dated July 7, 1981, from the Equestrian Commission
Secretary regarding actions taken at the meeting of June 22,
1981, was ordered received and filed.
4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS
JUNE 10, AND JUNE 24, 1981
(23) The report dated July 7, 1981, from the Acting Secretary of
the Traffic and Transportation Commission, regarding actions
taken at the meetings of June 10, and June 24, 1981, was
ordered received and filed.
5. SELECTION OF CONSULTANT - JUNIPERO SERRA ALIGNMENT STUDY EIR
(68) Written Communications:
(83) Report dated July 7, 1981, from the Director of Community
Planning and Development regarding selection of a consultant
to prepare a focus Environmental Impact Report for the
Junipero Serra Alignment Study.
Approval:
Selection of Ultrasystems was approved at a cost not to
exceed $10,000; an amendment to the Capital Improvements
budget in the amount of $5,500 was authorized.
6. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT
LANDSCAPE, DRAINAGE AND IRRIGATION - ARROYO PARK
(CALIFORNIA LANDSCAPE
(38) Consideration of the item was held over to a future
(62) date, at the request of the Director of Public Works.
7. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT
CONSTRUCTION OF LOBO STREET (CAPPELLO CONSTRUCTION)
(38) Written Communications:
(83) (1) Report dated July 7, 1981, from the Director of Public
Works, advising that the storm drain sewer and street
improvements for Lobo Street in Los Rios have been
completed to the satisfaction of the City Engineer.
Approval of Change Order No. 1 is also requested for
construction of a special transition structure, guard-
rail, and extra grading.
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Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 81-7-7-2, COMPLETION OF CONSTRUCTION
OF LOBO STREET - 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 LOBO STREET
The Resolution accepts the construction of Lobo Street and
directs the City Clerk to forward the Notice of Completion
to the County Recorder within 10 days.
Payment status is as follows:
Total project cost $57,900.38
Less 10% retention 5,790.04
Total due to date 52,110.34
Previous payments 21,867.30
Amount Due $30,243.04
(The total includes $7,429.07 for Contract Change Order
No. 9)
The 10% retention is payable 35 days after recordation of
the Notice of Completion; staff is authorized to make the
payments as indicated.
8. ACCEPTANCE OF STREET AND UTILITY EASEMENT -
LOBO STREET (MIRKIN)
(23) The Easement for street and utility purposes was accepted
(73) from Claudia Mirkin in exchange for improvements to Lobo
(90) Street, as set forth in the report dated July 7, 1981, from
the Director of Public Works.
9. APPROVAL OF CHANGE ORDER NO. 7, ASSESSMENT DISTRICT 78-3,
ORTEGA PROPERTIES (CLARKE CONTRACTING)
(38) Consideration of the item was held over at the request
(74) of the Director of Public Works.
10. CERTIFICATION OF FINAL EIR, DOWNTOWN MASTER PLAN
(23) The Environmental Impact Review, as submitted by Chambers
(68) Consultants, was certified as complete, as set forth in the
report dated July 7, 1981, from the Director of Community
Planning and Development.
APPROVAL OF PARCEL MAP 80-852, AVENIDA EVITA (RUDY
(38) Written Communications:
(85) (1) Report dated July 7, 1981, from the Director of Public
Works, submitting an agreement for approval of Parcel
Map 80-852.
Approval of Map and Improvement Agreement:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve the agreement
and Parcel Map 80-852 as being consistent with the General
Plan of the City and in substantial compliance with the
approved tentative map and to authorize the Mayor and City
Clerk to sign the Improvement Agreement on behalf of the
City.
Councilman Bland requested that staff review the proposed
cul-de-sac for Avenida Evita.
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PUBLIC HEARINGS
1. MERIDITH CANYON SLOPE DISTRICT - CONSIDERATION OF THE
(74) Written Communications:
(1) Report dated July 7, 1981, from the Director of Public
Works, submitting modifications of the boundaries of
the Meredith Canyon Slope District.
(2) Letter dated June 22, 1981, from Judith H. Jamroz,
Meredith Canyon Community Association, 33511 Calle
Miramar, clarifying the boundaries of the Meredith
Canyon Slope District.
(3) Letter dated July 7, 1981, from Robert Devins, President
of the Meredith Canyon Community Association, forwarding
recommendations dealing with slope concerns.
Exhibits were on display, and the City Engineer described
the proposed three sub -districts and their function. Mr. Lohnes
advised that the Homeowners Association desires to expend
the $460,000 to be acquired from the sale of street right-
of-way for slope repair; additional costs would be shared
equally by the property owners.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing, and the following persons responded:
(1) Orhan Nalcioglu, 17011 Calle Don Carlo, asked to be
excluded from the District or transferred to sub-
district A.
(2) Robert Devins, 33506 Calle Miramar, Association President,
re -affirmed the statements of the Association's July 7th
letter.
(3) Richard M. Sherman, Jr., 26901 Via La Mirada, presented
a letter dated July 7, 1981, urged that the recommend-
ations of the Staff Report be approved contingent upon:
(1) a receipt of the right-of-way funds, (2) exclusion
of sub -district A from the Slope District with regard
to repair of slopes, (3) that funds be used first for
the repair of Association -owned slopes and second for
the repair of individually -owned slopes which are
Association maintained.
(4) John Conley, Via de Agua, stated support for the Staff
Report recommendations in concept.
(5) Jeri Kaufman, 27001 Calle Don Carlo, questioned the use
of Association dues; urged that properties without
slopes not be penalized.
(6) Ed Vexler, 33562 Avenida Calita, requested that Lot 45
be included in sub -district A.
(7) Jim Lee, 26962 Via La Mirada, stated that the issue of
direct benefit had not been presented to home owners.
(8) Judy Jamroz, 33511 Calle Miramar, stated that all
properties receive benefit and each individual should
have some responsibility for slope repairs.
(9) Barrett Brown, 26902 Via La Mirada.
Written Objections
The City Clerk advised that written objections had been
received from 14 property owners; in addition, one owner
supported District formation only on the basis of benefits
received.
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There being no further response, Mayor Schwartze declared
the Public Hearing closed with the right to reopen at any
time.
Referral to Staff:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to direct staff to prepare
documentation similar to the original District formation
Resolution No. 81-3-17-1 to create a Meredith Canyon Slope
District which will include Sub -Districts A, B, and C, with
all conditions applying to Sub -District B also applying to
Sub -District A. Any future assessments are to be applied on
the basis of benefit. The Sub -Districts are defined as
follows:
Sub -District A (La Mirada Properties). Responsible for
individual portion of landscape maintenance repair and
individual portion of repair slopes on Homeowners Association -
owned property.
Sub -District B (Properties Having No Slopes). Responsible
for individual portion of landscape maintenance repair and
individual portion of repair of slopes on Homeowners Associ-
ation -owned property.
Sub -District C (Properties Having Slopes). Responsible for
landscape maintenance and repair of all slopes currently
maintained by the Homeowners Association.
Continuation to July 21, 1981:
Following the recess and with the
Mayor Schwartze directed that the
to the meeting of July 21, 1981;
each property is included within
RECESS AND RECONVENE
concurrence of Council,
Public Hearing be continued
staff is to verify that
the correct Sub -District.
Council recessed at 9:22 P.M. and reconvened at 9:45 P.M.
PUBLIC HEARINGS CONTINUED
2. PROPOSED VACATION OF VARIOUS STREETS - TRACT 9784, CAMINO
LAS RAMBLAS (MORELAND DEVELOPMENT COMPANY)
(85) Proposal:
(91) A request for vacation of various streets currently under
construction within Tract 9784. The City is reserving
public utility easements over each of the vacated streets.
Written Communications:
(1) Report dated July 7, 1981, from the Director of Public
Works.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Hearing; and, there being no response, the Hearing
was closed.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim that the following Resolution be adopted:
RESOLUTION NO. 81-7-7-3, VACATION OF PORTIONS OF
PUBLIC STREETS - TRACT 9784 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ORDERING THE VACATION OF PASEO LANGOSTA,
PASEO CAMBARO, PASEO DELFIN, PASEO ANCHOA, PASEO LOBINA,
PASEO CAMARON, PASEO OSTRA, PASEO AGUAMAR, PASEO LENGUADO,
PASEO CALAMAR, VIA GAVIOTA AND PORTIONS OF VIA TIBURON
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The Resolution was adopted by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
The City Clerk was directed to record the Resolution.
RESOLUTIONS
1. ADOPTION OF REVISED EMPLOYEE COMPENSATION PLAN FOR
CLASSIFIED EMPLOYEES
(66) Written Communications:
(1) Report dated July 7, 1981, from the Administrative
Assistant, forwarding a Resolution to amend the Non -
Management Employee Salary Schedule, pursuant to the
previously -approved Memorandum of Understanding.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 81-7-7-4, AMENDING EMPLOYEE
COMPENSATION PLAN - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE CITY'S EMPLOYEE
COMPENSATION PLAN (SALARY SCHEDULE)
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
2. SUPPORTING RATIFICATION OF PERIPHERAL CANAL REFERENDUM
(51) Written Communications:
(94) (1) Report dated July 7, 1981, from the City Manager for-
warding a Resolution for adoption to support ratific-
ation of the Peripheral Canal Referendum.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 81-7-7-5, SUPPORTING RATIFICATION
OF PERIPHERAL CANAL REFERENDUM - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING RATIFICATION OF THE PERIPHERAL
CANAL REFERENDUM
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
0130 119�N •3�Ta
The City Clerk was directed to forward the Resolution to the
appropriate entities.
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3. REQUEST FOR INCREASED ALLOCATION - AHFP 940 AND 984,
CAMINO CAPISTRANO (COUNTY OF ORANGE)
(38) Written Communications:
(80) (1) Report dated July 6, 1981, from the Director of Public
Works, forwarding a Resolution requesting an additional
allocation for the development of Camino Capistrano,
AHFP 940 and 984.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 81-7-7-6, ALLOCATION INCREASE -
AHFP 940 AND 984, CAMINO CAPISTRANO - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO
INCREASE THE ALLOCATION FROM THE ARTERIAL HIGHWAY
FINANCING PROGRAM FOR THE DEVELOPMENT OF CAMINO
CAPISTRANO BETWEEN DEL OBISPO AND AVENIDA PADRE,
AHFP 940 AND 984
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
The Resolution requests an additional $42,415.60 from the
Board of Supervisors.
BIDS, CONTRACTS, AGREEMENTS
1. AWARD OF CONTRACT - C. RUSSELL COOK PARK IMPROVEMENTS,
AREA G, PHASE I -A
(38) Written Communications:
(62) (1) Report dated July 7, 1981, from the Director of Public
Works forwarding the results of bids received on
June 30, 1981.
Award of Contract:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to award the Contract for
the C. Russell Cook Park Improvements, Area G, Phase 1-A, to
Allied Sprinkler, 2831 Gretta Lane, Anaheim 92806, in the
amount of $218,990.80, and to reject all other bids received.
The Mayor and the City Clerk were authorized to execute the
contract on behalf of the City.
2. AWARD OF CONTRACT - CAMINO DEL AVION STORM DRAIN PHASE III
(38) Written Communications:
(80) (1) Report dated July 7, 1981, from the Director of Public
Works forwarding the results of bids received on May 5,
1981, for construction of the Camino del Avion Storm
Drain, Phase.III.
Award of Contract:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim and unanimously carried to award the Contract
to Ken Thompson, Inc., 8851 Watson, Cypress 90630, in the
amount of $349,408.05 from the Agriculture Preservation
Fund, and to reject all other bids received.
The Mayor and the City Clerk were authorized to execute the
contract on behalf of the City.
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3. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO CALL FOR BIDS - AVENIDA DE LA PAZ STORM DRAIN
(38) Written Communications:
(80) (1) Report dated July 7, 1981, from the City Clerk stating
that a report will be submitted at a later date.
4. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO CALL FOR BIDS - PUBLIC WORKS YARD MODIFICATIONS
(38) Written Communications:
(74) (1) Report dated July 7, 1981, from the Director of Public
Works.
Approval:
It was moved by Councilman Hausdorfer, seconded by Council-
man Friess and unanimously carried to approve the plans and
specifications and authorize a call for bids for the con-
struction of the vehicle storage yard, interior office and
storage area improvements; an expenditure of approximately
$45,000 was authorized.
5. RENEWAL OF AGREEMENT FOR FIRE PROTECTION SERVICES
(COUNTY OF ORANGE)
(38) Written Communications:
(42) (1) Report dated July 7, 1981, from the Administrative
Assistant forwarding an Agreement with the County of
Orange for fire protection services.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim, and unanimously carried to approve the Agreement
with the County of Orange for fire protection services, for
the five-year period July 1, 1981, through June 30, 1986,
and to authorize the Mayor and City Clerk to execute the
Agreement on behalf of the City. The Agreement may be
terminated by either party on June 30 of any year by giving
12 -months notice.
6. APPROVAL OF HEAD START PROGRAM AGREEMENT RENEWAL
(38) Written Communications:
(1) Report dated July 7, 1981, from the Director of Public
Works submitting a lease agreement for use of City
property adjacent to the San Juan Hot Springs Dance
Hall.
Approval:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve the Agreement
with the Orange County Head Start Program for a three-year
period ending August 15, 1984. The Mayor and the City Clerk
were authorized to execute the Agreement on behalf of the
City.
The Agreement provides for a charge of $1.00 per year for
lease of the property and a charge of $1,000 per year for
exclusive park use during three hours of each weekday, as
well as payment of insurance and utility costs.
Use of Park and Parking Area:
Council requested that signs be posted stating the hours of
exclusive use of the fenced playground area in Descanso
Park. In addition, staff was directed to notify the lessee
that the provisions for restricted parking are to be observed.
7. AGREEMENT TO MAINTAIN DECORATIVE BLOCK WALL OVER CITY STORM
DRAIN EASEMENT, PASEO ESTABLO, LOT 2, TRACT 9373 (POWELL)
(38) Written Communications:
(85) (1) Report dated July 7, 1981, from the Director of Public
Works submitting an Agreement to permit the retention
of a block wall across a City easement.
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Approval:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim, and unanimously carried to approve the Agree-
ment with the owner, Keith L. Powell, 28302 Paseo Establo,
for private maintenance of a decorative block wall over the
City drainage easement on Lot 2 of Tract 9373, and to authorize
the Mayor and City Clerk to execute the Agreement on behalf
of the City.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. PROVISION FOR HOUSING - CITY MANAGER
(33) Written Communications:
(1) Report dated July 7, 1981, from the City Manager setting
forth the conditions and need for assistance in securing
suitable housing for Mr. Stephen Julian.
There was a concurrence of Council that such housing assist-
ance would not necessarily set a precedent; that any monies
used would generate a return equal to or exceeding the
average now received on City investments; that the property
would continue on the tax rolls.
Approval of Housing Assistance Loan Concept:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried that the Council will
consider providing a loan, in an amount to be determined, to
accommodate the housing needs of the City Manager, such loan
to be based on an interest rate commensurate with the return
on current City investments. Mr. Julian requested an
opportunity to negotiate the matter further.
2. REQUEST FOR USE OF CITY LOGO (CAPISTRANO INDIAN COUNCIL)
(61) Written Communications:
(1) Report dated July 7, 1981, from the Assistant to the
City Manager advising that the Capistrano Indian Council
has requested use of the City Seal at a display booth
at the Orange County Fair from July 10 through 17,
1981, since the group has been placed in the "Cities"
category.
Teeter Romero, representing the Indian Council, supported
the request and explained the type of display involved.
Approval of Request:
It was moved by Councilman Friess, seconded by Mayor Schwartze
and unanimously carried to allow the Indian Council to use
the City Seal logo for identification purposes at the Orange
County Fair. Council suggested that there be more City
involvement in the Fair in 1982.
Preparation of Pocy Statement:
(69) It was moved by Coulincilman Hausdorfer, seconded by Council-
man Buchheim and unanimously carried to direct staff to
prepare a Policy Statement addressing the use of the City
Seal, such use to be limited to official City functions
and/or activities in which the City is a participant.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. LOS RIOS HOUSING SITE ACQUISITION - ASSESSOR'S PARCEL
NO. 649-281-04
(23) Written Communications:
(73) (1) Report dated July 7, 1981, from the Director of Com-
munity Planning and Development requesting approval of
an advance of City funds for acquisition of the Peinado
parcel, a 1.53 -acre housing site in the Los Rios area
known as Assessor's Parcel No. 649-281-04.
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308 Approval:
It was moved by Councilman Hausdorfer, seconed by Councilman
Buchheim and unanimously carried to approve an agreement for
purchase of the Peinado parcel in the amount of $179,945,
and to approve an advance of funds to meet the closing
escrow date of July 10, 1981. The Mayor and City Clerk were
authorized to execute the Agreement on behalf of the City.
The acquisition funds will be refunded by the County, as
part of the Housing and Community Development Block Grant
Program.
DIRECTOR OF PUBLIC WORKS
1. STATUS OF DISASTER FUNDING (SERRA)
(79) Written Communications:
(1) Report dated July 7, 1981, from the Director of Public
Works on the status of funding for repair of damages to
the SERRA Treatment Plant caused by flooding during
1980.
With the concurrence of Council, Mayor Schwartze ordered the
Report received and filed.
2. APPROVAL OF SEWERAGE MONITORING STUDY (SERRA)
(79) Written Communications:
(1) Report dated July 7, 1981, from the Director of Public
Works.
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim and unanimously carried to approve the expend-
iture of $8,000 as the City's share of a Sewerage Monitoring
Study by Associated Laboratories.
3. ANNUAL TRASH CLEAN-UP PROGRAM (SOLAG DISPOSAL)
(43) Written Communications:
(1) Report dated July 7, 1981, from the Director of Public
Works, regarding a proposed annual City-wide Clean -Up
Program for the disposal of items not ordinarily collected
by the City's contractor, Solag Disposal Company.
Approval:
A motion was made by Councilman Friess, seconded by Council-
man Hausdorfer, and unanimously carried to establish an
Annual City-wide Clean -Up Program utilizing curb -side collection
method, with additional costs for the service to be assessed
at 25� more per residential customer for the month that the
pick-up occurs.
Council directed that the Program take place in May and
requested that a report be scheduled for Council consideration
in April, 1982.
4. DEVELOPMENT RESTRICTION FOR BUILDING ACROSS LOT LINE -
LOT NOS. 10 AND 11, TRACT 9030, 30742 HILLTOP WAY (SMITH)
(85) Written Communications: e
(1) Report dated July 7, 1981, from the Director of Public
Works advising that the owner of Lots 10 and 11, Tract
9030, wishes to construct one house across the common
lot line, thereby merging the two properties.
Applicant: Gary Smith, 28281 Via Rueda.
Approval of Request:
It was moved by Councilman Hausdorfer, seconded by Council-
man Friess, that the Declaration of Restrictions be approved
for recording and that the following Resolution be adopted:
RESOLUTION NO. 81-7-7-7, ESTABLISHING DEVELOPMENT
REGULATIONS - LOTS NOS. 10 AND 11, TRACT 9030 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
DEVELOPMENT REGULATIONS FOR LOTS NOS. 10 AND 11,
TRACT 9030
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5
ON
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
PURCHASE OF CERTAIN TAX DEEDED PROPERTY LOCATED WITHIN
CITY LIMITS (COUNTY OF ORANGE)
(56) Written Communications:
(1) Report dated July 7, 1981, from the Director of Public
Works advising that the County of Orange has authorized
the sale of two parcels of tax deeded property, one in
the anticipated extension of Alipaz Street and one in
the Calle Arroyo street right-of-way.
Approval:
A motion was made by Councilman Buchheim, seconded by Council-
man Hausdorfer, and unanimously carried to approve the
purchase of Assessor's Parcel #666-120-02 and Assessor's
Parcel #668-230-02 at a total cost of $200 and to direct
staff to advise the County of an objection to public sale of
the properties.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETINGS OF JUNE 16, 1981 AND JUNE 23, 1981
(67) The report of actions taken by the Planning Commission at
their meetings of June 16th, and June 23, 1981, was ordered
received and filed.
COUNCIL ACTIONS
1. REVIEW OF COMMISSION AND BOARD APPOINTMENTS
(23) Written Communications:
(1) Report dated June 9, 1981, and resubmitted July 7,
1981, from the Administrative Assistant advising of the
expiration of terms of office of all Commission and
Board members.
Re -Affirmation of Appointments:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim, and unanimously carried to re -affirm all
Commission and Committee appointments, with the exception of
the Planning Commission, the Architectural Board of Review
and Mobile Home Park Review Committee member Austin Dodge.
Applicants for the Planning Commission are to be surveyed
for interest in serving on the Architectural Board of Review;
review of appointments to the Planning Commission and
Architectural Board of Review has been scheduled for
July 21, 1981.
2. ORANGE COUNTY HEALTH PLANNING COUNCIL - REPRESENTATIVE TO
THE ASSEMBLY OF DELEGATES AND ALTERNATE
(56) Written Communications:
(1) Report dated July 7, 1981, from the City Clerk advising
that the current Delegate and Alternate are willing to
continue to serve with their positions reversed.
(2) Letter dated June 10, 1981, from Stanly J. Matek,
Executive Director, Orange County Health Planning
Council, 202 Fashion Lane, Suite 219, Tustin 92680,
requesting reconfirmation of the City's representatives
to the Assembly of Delegates and Alternate.
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� . 1
Appointments:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to appoint Jerry Kaufman as
Delegate and Pauline Leonard as Alternate representatives;
staff was directed to notify the Health Planning Council.
COUNCIL COMMENTS AND COMMITTEE REPORTS
1. FIRE DEBRIS AND DRAINAGE (CAPTAIN'S HILL)
(45) Councilman Buchheim requested that debris from the recent
(80) fire above the Captain's Hill development be cleared to
avoid possible blockage during the upcoming rainy season.
2. SISTER CITIES PROGRAM - VISIT TO SPAIN AND PETRA
(34) Councilman Buchheim and Mayor Schwartze commented on the
success of the Sister Cities trip to Petra, Mallorca, from
June 14 through June 19, 1981.
3. LEAGUE OF CALIFORNIA CITIES, ORANGE COUNTY DIVISION
(61) Councilman Bland made an oral report of the June 18th League
meeting and noted that Council may wish to contact legislative
representatives with regard to Assembly Bill 1693 dealing
with Agency Shops. The hearing is scheduled for July 8,
1981.
4. RECYCLING OPERATION
(45) Councilman Bland requested that staff contact the operator
of the recycling center on City Hall property to review
pickup frequencies.
5. LEAGUE OF CALIFORNIA CITIES, ORANGE COUNTY DIVISION -
APPOINTMENT OF ALTERNATE DELEGATE (BLAND)
(61) It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim that Councilman Bland be appointed as the
City's Alternate Delegate to the Orange County Division of
the League to replace Councilman Hausdorfer. The motion
carried by a unanimous vote, with Councilman Bland abstaining.
6. IMPROVEMENTS TO ORTEGA HIGHWAY (SUNHOLLOW)
(44) Councilman Hausdorfer requested that the Director of
(85) Public Works provide a status report on improvements to
Ortega Highway fronting the Sunhollow development.
7. GIDDINGS PRODUCE STAND
(39) Councilman Hausdorfer requested that staff review the
following items: (1) the sale of both wholesale and retail
produce, and (2) the number of advertising signs on display.
8. NEWS MEDIA - DANA POINT BEACON
(34) Councilman Hausdorfer welcomed Bud Lembke, publisher of the
Dana Point Beacon, whose newspaper has commenced coverage of
the San Juan Capistrano area.
9. COMMENDATION - CITY CLERK'S DEPARTMENT
(31) Council commended the City Clerk's staff for the letter
(36) received from Daryl Carmichael expressing appreciation for
their cooperative attitude.
10. CITY DOCUMENTARY - REQUEST FOR FUNDING (VASQUEZ)
(34) There was a concurrence of Council that the request for
(25) funding received from Jeff Vasquez for assistance in
compiling a City documentary is to be scheduled for inclusion
with discussion of the 1981-86 fiscal budget.
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311
11. SAN JUAN CAPISTRANO BRANCH LIBRARY FUNDRAISING CAMPAIGN -
APPROVAL OF EXPENDITURE
(52) Councilman Friess advised that working drawings are estimated
for completion in November for bidding purposes; additional
funds in the amount of $500,000 to $700,000 will be required
for completion of the project designed by Michael Graves.
Mr. Friess will spearhead a fundraising drive.
Approval of Expenditure:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to authorize an expenditure
not to exceed $1200 for purchase of promotional materials to
be used at fundraising events.
12. LOCAL DIAL -A -RIDE SERVICE - OCTD
(56) Mayor Schwartze noted that Dial -a -Ride bus service was
(88) available in the City as of July 1, 1981, at a cost of $1.00
per transportation zone.
13. SELECTIVE SERVICE SYSTEM - APPLICATIONS FOR BOARD MEMBERSHIP
(89) Mayor Schwartze advised that application forms are available
in the City Clerk's Department for appointment to the Regional
Draft Board.
14. WEED ABATEMENT
(74) Mayor Schwartze requested
of San Juan Mobile Estates
vicinity of the Capistrano
15. IN MEMORIUM
that weeds be removed in the area
at Avenida Aeropuerto and in the
Terrace Mobile Home Park.
(36) At the suggestion of Mayor Schwartze, the Council meeting
was dedicated to the memory of Huby Jordan.
16. LITIGATION - ATCHISON, TOPEKA & SANTA FE RAILWAY
(35) It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to authorize the City
Attorney to request County Counsel to represent the City in
the Atchison, Topeka & Santa Fe Railway vs. County of Orange
proceedings.
17. CAPISTRANO UNIFIED SCHOOL DISTRICT - SENATE BILL 201
CLASSROOM FUNDING
(78) There was a concurrence of Council that staff contact
(86) the School District with regard to procedures for implemen-
tation of Ordinance No. 424 and the provisions for funding
of classroom facilities.
RECESS AND RECONVENE
Council recessed to Closed Session for discussion of personnel
and legal matters at 11:20 P.M., the City Clerk being excused
therefrom, and reconvened at 12:17 A.M.
COUNCIL ACTIONS
1. APPROVAL OF MEMORANDUM OF UNDERSTANDING (MANAGEMENT EMPLOYEES)
(66) It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve the Memorandum
with Management Employees, as presented, with the understanding
that the issue of benefits is still an item of open negotiation
and is to be continued.
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312
2. APPROVAL OF COMPENSATION PLAN (MANAGEMENT EMPLOYEES)
(66) It was moved by Councilman Friess, seconded by Councilman
Buchheim that the following Resolution be adopted:
OLUTION NO. 81-7-7-8, AMENDING COMPENSATION
TAT IMLATAr MPMT FMDT.(1VT?T?C!) - A TJPCl1T.T1TT(1N 71P
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE CITY'S
COMPENSATION PLAN FOR MANAGEMENT EMPLOYEES
(SALARY SCHEDULE)
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
3. CITY VS. INSURANCE COMPANY OF THE PACIFIC COAST, ET AL
(35) It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to authorize Stephen Coontz,
Attorney at Law, to sign an agreement with the insurance
company and to recover all previously -expended attorneys'
fees in the Glendale Federal and Mission Hills' cases.
4. AUTHORIZATION TO FILE APPEAL - DEL AVION MOBILE HOME ESTATES
(35) It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to authorize Stephen
Coontz to file an appeal of the Temporary Restraining Order
on behalf of the City in re Gregory vs. City of San Juan
Capistrano.
5. PROVISION FOR HOUSING - CITY MANAGER
(33) It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve the Agreement
between the City and City Manager Stephen B. Julian for
housing assistance.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:20 A.M., July 8, 1981, to the next meeting
date of Tuesday, July 21, 1981, at 7:00 P.M., in the City Council
Chamber.
Respectfully submitted,
ATTEST:
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