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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 -1- 7/7/81 296 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. -2- 7/7/81 297 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. -3- 7/7/81 298 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 -4- 7/7/81 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. -5- 7/7/81 Soo 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. -6- 7/7/81 301 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. -7- 7/7/81 302 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. -8- 7/7/81 303 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 -9- 7/7/81 304 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. -10- 7/7/81 305 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. -11- 7/7/81 300 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. -12- 7/7/81 307 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. -13- 7/7/81 308 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 -14- 7/7/81 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. -15- 7/7/81 � . 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. -16- 7/7/81 Laz 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. -17- 7/7/81 312 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: -18- 7/7/81