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80-0123_CC_Minutes_Adjourned Regular Meeting• JANUARY 23, 1980 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The City Council convened at 6:30 P.M., with all Members present for the purpose of hearing a presentation on the Orange County Multimodal Transportation Study by Al Holliden, Chairman of the Orange County Transportation Commission. The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Friess at 7:00 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 Episcopal Church. ROLL CALL PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem Lawrence F. Buchheim, Councilman Phillip R. Schwartze, Councilman James F. Thorpe, Councilman 0-134 1ZY1 0=0 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; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ORAL COMMUNICATIONS 1. STATUS REPORT, TRACT 9784 (MISBIN (85) John Conley, representing the Meredith Canyon Community (72) Association, addressed the Council and presented a petition signed by approximately 40 residents to "request that the question of the installation of 'Route E' as it relates to the proposed Misbin Tract #9784 and the Meredith Tracts #8319 and #8087, be opened by the City Council for public review as soon as possible." Mr. Conley proposed initiation of a General Plan Amendment or deletion of the condition for Tract 9784 which requires the construction of Route E and requested prompt determination of whether Route E would be implemented. 2. OSO CREEK FLOOD DAMAGE (80) Bill Bathgate, 29643 Camino Capistrano, cited recent and past flood damage to Oso Creek and Oso Road and cited the Hillside Development Guidelines, stating they contain no reference to safety or economic measures and noted that flow characteristics of the Creek have been changed by upstream development. Mr. Bathgate referred to expenditure of City funds to oppose the Las Colinas development and for agriculture preservation, and discussion with Council Members ensued. -1- 1/23/g0 181 WRITTEN COMMUNICATIONS 1. WAGON WHEEL STABLES (23) Council received copies of a letter dated January 14, 1980, from Doug Smith and Yvonne Camarena regarding a proposed lease of the Wagon Wheel Stables property. The City Clerk/Equestrian Commission Secretary advised that the proponents had requested that the letter be removed from Council consideration due to a misunderstanding. PUBLIC HEARINGS 1. GROWTH MANAGEMENT 79-4 AND REZONE 79-5 (CADMLLAC/FAIRVIEW) _ (28) Proposal: (95) A request for a zone change from RD (Garden Homes) to RPD (Planned Residential Development), approval of concept plans for growth management review and development of 77 units, and approval of the Environmental Impact Report. The property consists of 12.7 acres of land known as Assessor's Parcel No. 668-021-01 and is located on the western side of San Juan Creek at the intersection of Alipaz Street and Camino del Avion. The net density equals 7.3 units per acre. Applicant: Cadillac/Fairview Homes West, 500 Newport Center Drive, Suite 815, Newport Beach. Written Communications: (1) Report dated January 23, 1980, from the Director of Community Planning and Development forwarding the recommendation made by the Planning Commission on January 8, 1980, that the proposal be denied, that the EIR be found adequate, and that the project receive a Growth Management Rating of 52 points. (2) Letter dated January 21, 1980, from Frank Hartigan, 32351 Del Obispo Street, in opposition to the proposal. The Director of Community Planning and Development advised that the project does not meet the requirements or intent of the Land Use Management Code due to zoning, fragmented open space, off-street guest parking provisions, and lack of the General Plan bikeway linkage. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: (1) Ed Selich, representing Cadillac Fairview, owners of the property, proposed a bike trail adjacent to the recreation areas from Camino del Avion to Alipaz Street and stated that parking and open space requirements have been met, and requested approval of the project. A slide presentation was then made, the favorable aspects of the project set forth, and a request made for a higher growth management point rating. (2) Marilyn Williams, 29931 Camino Capistrano, stated she was neither in favor not opposed to the project, and questioned whether del Avion drainage problems and pressures on the City for street improvements and affordable housing would be alleviated by the project. Mayor Friess advised that the project would provide more extensive improvements than proposed by the City. -2 1/23/80 162 (3) Al Arps, 32302 Alipaz Street, Space 158, on behalf of the Mobile Home Council, spoke in favor of the project if conditions are met by the developer. (4) Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach, stated he was neither for nor against the project, cited concerns with existing street alignments and requested further detail on drainage from the project. The following persons then spoke in opposition to the project: (1) David Holt, 32861 Avenida Descanso, cited concerns with density, circulation, school impacts, and zoning. (2) Harry Schrey, 25881 Avenida Cabrillo, suggested redesign of the project as R-1 residential and noted concerns with lack of open space, possible use of garages for storage space, and impacts on schools. (3) Duane Fitzgerald, 32892 Via del Amo, made a slide presentation and cited concerns with design, two-story structures, drainage, zoning, density, agricultural areas, and impacts on costs of City services. (4) Mike Corbett, 32781 Avenida Descanso, asked that the project be denied based on design shortcomings and lack of open space. (5) Bill Korby, Avenida Cabrillo, noted that street improvements would increase traffic and speeds on a route to school. (72) A petition was presented signed by approximately 217 residents of the area for denial of the project to ". . . preserve the quality and uniqueness of our City in accordance with the philosophy, policy, and goals of San Juan Capistrano's master plan . ." RECESS AND RECONVENE Council recessed at 9:20 P.M., and reconvened at 9:40 P.M. Mr. Selich then made closing comments in support of the project. There being no further response, Mayor Friess closed the Public Hearing with the right to re -open at any time. Certification of Draft Environmental Impact Report: Councilman Thorpe noted that the air quality data is from 1976 and suggested that direction be given on the period of time such data covers. Mr. Thorpe also suggested inclusion of a statement on overcrowding of school facilities. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to certify the draft Environmental Impact Report as adequate, based on the finding that it adequately addressed the impacts of the project and to further note that the document is for information purposes only and that its acceptance should not be construed as approval or denial of the project; in addition, the developer will mitigate the school situation by meeting the requirements of Senate Bill 201 or provide other satisfactory mitigation that will be acceptable to the Capistrano Unified School District. Referral to Planning Commission: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to refer the project back to the Planning Commission for consideration of a re -design of the portion between Alipaz Street and the Troy Homes project -3- 1/23/80 183 and for consideration of the inclusion of the General Plan bikeway and an indication that parking and open space provisions are to be included in the re -design; the project is neither approved nor disapproved. Mayor Friess noted that the three main issues are utilization of open space, density, and parking. Continuation of Public Hearing: With the concurrence of Council, Mayor Friess continued the Public Hearing to Wednesday, March 5, 1980, at 7:00 p.m., in the City Council Chamber. Growth Management Point Rating: It was moved by Councilman Thorpe and seconded by Councilman Hausdorfer that the following Resolution be adopted granting a Growth Management Point Rating of 57 to the project (including corrections to Rating Criterias 4 and 5 to add 5 points in each category): RESOLUTION NO. 80-1-23-1, GROWTH MANAGEMENT 79-4 tr An TT. T.A('/P. a TRVTFG71 - A 1772C(1T.TTTTnm (1F THF. OTTV COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ASSIGNING A GROWTH MANAGEMENT POINT RATING TO GROWTH MANAGEMENT 79-4 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Inclusion of Project in Residential Allocation Schedule: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to find that the Planning Commission may include the project in the recommended Residential Allocation Schedule even though the project has not technically received final approval. DIRECTOR OF PUBLIC WORKS 1. STATUS REPORT, TENTATIVE TRACT 9784 (MISBIN) (85) This item was taken out of order for the benefit of persons in the audience. Written Communications: Report dated January 23, 1980, from the Director of Public Works setting forth the current status of Tentative Tract 9784 and the implications of the extension of Route E into the adjacent Meredith Tracts, as directed by Council on January 9, 1980. The Report cites the following alternatives for Council review of the impacts of Route E prior to considera- tion of the Final Map: (1) Initiation of a General Plan Amendment for consideration of the current need for Route E; and, (2) Deletion of Condition 16.e. from Resolution 78-6-21-1 requiring dedication of Route E by the applicant prior to Final Map approval. The following persons addressed the Council: (1) John Conley, 33421 Via de Agua, representing the Meredith Canyon Community Association, proposed reconsideration of the entire grading process for Route E. (2) Charles Buell, 33905 Calle Acordarse, spoke in favor of Route E and stated the project would alleviate a dangerous intersection at Avenida Calita and Via de Agua and would provide dual access. -4- 1/23/80 (3) Bill Deacon, 33681 Calle Miramar, requested Council reconsideration of the grading plan C as encroaching into his slope and opposed construction of Route E. Conceptual Review of Grading Plan: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried that the City Council will conceptually review the grading plan for Route E at the meeting of February 20, 1980. TRAFFIC AND TRANSPORTATION COMMISSION 1. REQUEST FOR TRAFFIC SIGNAL, CAMINO CAPISTRANO AT LA ZANJA (82) Proposal: A request by the Parent Teachers League of San Juan Elementary School that a traffic signal be installed at the intersection of Camino Capistrano and La Zanja to provide a crossing for school children. Written Communications: Report dated January 23, 1980, from George Alvarez, Commission Secretary, forwarding the recommendation made by the Traffic and Transportation Commission on January 3, 1980, that the traffic signal not be installed at this time. Nancy Dingus, 30714 Calle Resplendor, requested that the signal be installed to provide pedestrian safety for school children, Scouts, and users of the Women's Club, bus and recreation facilities. Request for Additional Information: Council concurred with the following recommendations made by Councilman Thorpe: (1) Use of a crossing guard for the remainder of the school year is to be considered during budget deliberations; (2) Staff is to report on the costs of crossing guard service during school hours for the remainder of the year with the use of County CETA funds investigated; (3) Consideration of a signal is to be considered early in the budget process; (4) Consideration of the signal is referred back to the Traffic and Transportation Commission. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (23) This item was taken out of order for the benefit of persons in the audience. Written Communications: Report dated January 23, 1980, from Pamela Hallan, Commission Secretary, advising that on January 15th the Commission recommended removal of an illegal trailer located between the Montanez and Rios Adobes on the Dunivin property on Los Rios Street. The following persons addressed the Council: (1) Forrest Dunivin, 33812 Valle Road, the property owner, requested approval of the trailer installation and stated the entire parcel is within the floodplain. (2) Steve Rios, 31781 Los Rios Street, supported the Cultural Heritage Commission recommendation, but stated he is willing to discuss the matter with the property owner. -5- 1/23/80 r There was a concurrence of Council that the City Manager be directed to discuss the situation with Mr. Dunivin and Mr. Rios and to submit a complete summary report at the meeting of February 6, 1980. ORDINANCES 1. EXTENSION OF COMMISSION AND BOARD MEMBER TERMS OF OFFICE (ADOPTION OF ORDINANCE NO. 397) (23) Written Communications: (55) Report dated January 23, 1980, from the City Clerk. 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. The Ordinance was introduced at an adjourned regular meeting on January 9, 1980. It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Ordinance be adopted: ORDINANCE NO. 397, AMENDMENT TO ORDINANCES NOS. 321 AND 380 - SETTING TERMS OF BOARD OR COMMISSION OFFICES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCES NOS. 321 AND 380 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None RESOLUTIONS 1. AUTHORIZATION FOR GRANT FUND APPLICATION, SENIOR CITIZENS PROGRAM VAN TRANSPORTATION (23) Written Communications: Report dated January 23, 1980, from the Director of Public Works forwarding a proposed Resolution approving application for grant funds pursuant to Title III -B of the Older American Act for the purchase of a 12 -passenger van for use by the Senior Citizens Program. The estimated cost of the vehicle is $15,000, with the City providing matching funds of $2,250. Approval of Application: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 80-1-23-2, APPLICATION FOR TITLE III -B GRANT FUNDS (VEHICLE ACQUISITION) - A RESOLUTION OF T CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER TITLE III -B OF THE OLDER AMERICANS ACT (VEHICLE ACQUISITION) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None UV -T -I 1ZG Ire= -6- 1/23/80 Council noted that purchase of the vehicle would be included in upcoming budget discussions. 2. CALIFORNIA CRIME WATCH PROGRAM (27) Written Communications: Report dated January 23, 1980, from Loretta Zimmerman, Assistant to the City Manager, forwarding a proposed Resolution supporting crime prevention programs in California, as requested by Attorney General George Deukmejian. Endorsement of Program: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following resolution be adopted: RESOLUTION NO. 80-1-23-3, CALIFORNIA CRIME WATCH - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ENDORSING AND SUPPORTING CALIFORNIA CRIME WATCH AND THE ATTORNEY GENERAL'S PLAN TO RESTORE PUBLIC SAFETY IN THE 80'S The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ASSESSMENT DISTRICT 78-1 (CAMINO CAPISTRANO) (74) Proposal: Commencement of proceedings for the formation of an assessment district to construct curb and gutter, roadway widening, installation of street lights and utility undergrounding for property on the west side of Camino Capistrano between the proposed Caltrans station, to be located at 32941 Camino Capistrano, and the Atchison, Topeka and Santa Fe Railway tracks. The total estimated cost for the improvements is $313,700, to be borne by the three property owners within the Assessment District. Public Hearings will be held on March 5, 1980. Written Communications: Report dated January 23, 1980, from the Director of Public Works. Boundaries and Improvements: A general presentation of boundaries of the District and the extent of the proposed improvements was made by staff. Commencement of Proceeding: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, with Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess voting in the affirmative, that the following Resolutions be adopted: RESOLUTION NO. 80-1-23-4, APPOINTMENTS - ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES RESOLUTION NO. 80-1-23-4, BOUNDARY MAP - ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING PROPOSED BOUNDARY MAP -7- 1/23/80 187 RESOLUTION NO. 80-1-23-6, PRELIMINARY DETERMINATION - ASSESSMENT DISTRICT NO. 78-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT Debt Limit Report: Staff presented the Report, pursuant to the Debt Limit Act - Division 4 of the Streets and Highways Code of the State of California. of Report/Public Hearing/Intention 1 construction: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, with Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess voting in the affirmative, that the following Resolutions be adopted: RESOLUTION NO. 80-1-23-7, APPROVED DEBT REPORT - ASSESSMENT DISTRICT NO. 78-1 - A RESOLUTION OF TH CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931", AND FIXING A DATE OF PUBLIC HEARING THEREON RESOLUTION NO. 80-1-23-8, RESOLUTION OF INTENTION - A170L00L1r1L14'1U-L. JAI,'1' IVU. /tS-1 - KrI ullu'1'1ULV Ur' 'rnr, l.1TY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS, DESCRIBING PROPOSED DISTRICT, AND PROVIDING FOR THE ISSUANCE OF BONDS Engineer's Report: The Engineer's Report was presented, consisting of: (1) plans; (2) specifications; (3) cost estimates; (4) assessment roll; and, (5) assessment diagram. Approval of Report/Public Hearing/Call for Bids/Sale of Bonds: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, with Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess voting in the affirmative, that the following. Resolutions be adopted: RESOLUTION NO. 80-1-23-9, REPORT APPROVAL AND SETTING PUBLIC HEARING - ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PASSING ON THE REPORT OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING RESOLUTION NO. 80-1-23-10, AUTHORIZED CALL - ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS RESOLUTION NO. 80-1-23-11, BOND SALE AUTHORIZATION - ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE SALE OF SPECIAL ASSESSMENT BONDS TO FINANCE IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT RESOLUTION NO. 80-1-23-12, ACCEPTING PROPOSAL - ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING PROPOSAL FOR THE SALE OF BONDS AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND FOR THE PAYMENT OF SAID BONDS -8- 1/23/80 188 ASSESSMENT DISTRICT NO. 78-3 (ORTEGA PROPERTIES) (74) Proposal: Approval of proceedings for Assessment District 78-3 to install public improvements on property between Ortega Highway and San Juan Creek from the area of the existing Ganado Road to Windsong Drive and known as the Ortega Properties Project. The cost to the City is estimated at $518,898 for sewer, storm drains and traffic control; bids are scheduled for opening on February 26, 1980; Public Hearings will be held on March 5, 1980. Written Communications: (1) Report dated January 23, 1980, from the Director of Public Works. (2) Letter proposal dated January 23, 1980, for the sale of bonds in an amount not to exceed $5,955,436.00, from Stone & Youngberg, 445 South Figueroa Street, Los Angeles 90071. Boundaries and Improvements: A general presentation of boundaries of the District and the extent of the proposed improvements was made by staff. Designation of Duties/Intent to Order Construction: It was moved by Councilman Schwartze, seconded by Councilman Buchheim with Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess voting in the affirmative, that the following Resolutions be adopted: RESOLUTION NO. 80-1-23-13, APPOINTMENTS - ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES RESOLUTION NO. 80-1-23-14, RESOLUTION OF INTENTION - ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS, DESCRIBING PROPOSED DISTRICT, AND PROVIDING FOR THE ISSUANCE OF BONDS Engineer's Report: The Engineer's Report was presented, consisting of (1) plans; (2) specifications; (3) cost estimates; (4) assessment roll; and, (5) assessment diagram. of Report/Public Hearin /Call for Bids Request for Report Hearinq on Eminent Proceedings: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, with Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess voting in the affirmative, that the following Resolutions be adopted: RESOLUTION NO. 80-1-23-15, REPORT APPROVAL AND SETTING PUBLIC HEARING - ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PASSING ON THE REPORT OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING RESOLUTION NO. 80-1-23-16, AUTHORIZED BID CALL - REFERENCING PREVAILING WAGE FOR CONSTRUCTION BIDS - RESOLUTION OF THE CITY UAN CAPISTRANO, CALIFORNIA, SCALE AND DIRECTING CALL -9- 1/23/80 189 , RESOLUTION NO. 80-1-23-17, BOND SALE AUTHORIZATION - ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE SALE OF SPECIAL ASSESSMENT BONDS TO FINANCE IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT RESOLUTION NO. 80-1-23-18, ACCEPTING PROPOSAL AND MAKING AWARD - ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING PROPOSAL AND MAKING AWARD FOR SALE OF BONDS, AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND FOR THE PAYMENT OF SAID BONDS RESOLUTION NO. 80-1-23-19, PLANNING COMMISSION REPORT - ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING REPORT FROM PLANNING COMMISSION AS TO CONFORMITY WITH GENERAL PLAN REGARDING PROPOSED ASSESSMENT DISTRICT SOLUTION NO. 80-1-23-20, EMINENT DOMAIN AND PUBLIC ARING - ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING TIME AND PLACE FOR PUBLIC HEARING ON ADOPTION OF RESOLUTION OF NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN PROCEEDINGS BIDS, CONTRACTS, AGREEMENTS 1. AWARD OF CONTRACT - POLYMER (SERRA TREATMENT PLANT) (38) Written Communications: (79) Report dated January 23, 1980, from the Director of Public Works, forwarding results of bids for purchase of polymer for the Treatment Plant. Award of Contract: It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to award the contract for purchase of Polymer to the low bidder, Aqua -Ben Corporation, of Santa Ana, at $.10 per pound. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 2. AWARD OF CONTRACT FOR OCEAN MONITORING SERVICES (ASSOCIATED LABORATORIES) (38) Written Communications: (79) Report dated January 23, 1980, from the Director of Public Works, forwarding the results of bids for provision of ocean monitoring services at the new SERRA Treatment Plant ocean outfall. Award of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to award the contract for ocean monitoring services to Associated Laboratories of Orange, at $31,425; all other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 3. AUTHORIZATION TO RECEIVE PROPOSALS FOR ENGINEERING SERVICES CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK (74) Proposal: (83) Request to receive authorization to solicit proposals for engineering services for preparation of Phases 1 and 2 of the Camino Capistrano/San Juan Creek Bridge. The phases include a -10- 1/23/80 190 project description and overall project schedule, and preparation of construction plans, specifications and cost estimates. Written Communications: Report dated January 23, 1980, from the Director of Public Works, forwarding a proposed agreement for engineering services. Authorization to Receive Proposals: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to direct the City Engineer to request proposals for engineering services for Phases 1 and 2 of the Camino Capistrano/San Juan Creek bridge project. 4. AUTHORIZATION TO RECEIVE PROPOSALS FOR ENGINEERING SERVICES - LA NOVIA BRIDGE (74) Proposal: (83) Request to receive authorization to solicit proposals for engineering services in connection with the design of the westerly half of the La Novia bridge. Written Communications: Report dated January 23, 1980, from the Director of Public Works forwarding a proposed agreement for engineering services. Authorization to Receive Proposals: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to direct staff to solicit proposals for the provision of engineering services for the design of the westerly half of the La Novia Bridge at San Juan Creek. 5. AUTHORIZATION TO RECEIVE PROPOSALS ANNUAL AUDIT SERVICES (22) Proposal: (38) Request for approval of the audit specifications and for authorization to solicit proposals for auditing services for the next five years beginning with fiscal year ending June 30, 1980, through fiscal year ending June 30, 1984. Written Communications: Report dated January 23, 1980, from the Director of Administrative Services forwarding proposed specifications for the audit service. Authorization to Receive Proposals: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the audit specifi- cations and to authorize the Director of Administrative Services to solicit proposals for auditing services for fiscal years 1980-1984. CONSENT CALENDAR It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim that the staff recommendations be accepted for the following items carried by the AYES: NOES: listed on the Consent Calendar. The motion following vote: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess None ABSENT: None -11- 1/23/80 1.91 1. APPROVAL OF WARRANTS (41) The List of Demands dated January 23, 1980, Warrants Nos. 18489 through 18597, inclusive, and 1911 Act Bond Warrant No. 0250, in the total amount of $442,372.65, were approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF DECEMBER 31, 1979 (41) The City Treasurer's Report of Investments as of December 31, 1979, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF DECEMBER 31, 1979 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of December 31, 1979, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF NOVEMBER 30, 1979 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the 5 -month period ending November 30, 1979, was approved as submitted. 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JANUARY 14, 1980 (23) The Report of Actions taken by the Equestrian Commission at the meeting of January 14, 1980, was ordered received and filed. 6. AWARD OF CONTRACT - LANDSCAPING MAINTENANCE DISTRICTS, (38) The Contract for landscape maintenance services within the (74) landscape maintenance districts in Tracts 7673, 8485, 9382, (85) 9284 and 9373, was awarded to the low bidder Transcontinental Factors of San Clemente, at $40,000 per year; all other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 7. AWARD OF CONTRACT - MAINTENANCE OF DESCANSO PARK, PORTION OF C. RUSSELL COOK PARK, MISSION BELL PARK AND SPECIFIED PARKWAYS (TRANSCONTINENTAL FACTORS) (38) The Contract for landscape maintenance of Descanso Park, a (62) portion of C. Russell Cook Park, Mission Bell Park and specified parkways was awarded to the low bidder, Transcontinental Factors of San Clemente, at $21,900 per year. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. _ 8. AWARD OF CONTRACT - MAINTENANCE OF JUNIPERO SERRA PARK AND EL CAMINO REAL PARK (TOYO LANDSCAPING) (38) The Contract for landscape maintenance of Junipero Serra Park (62) and El Camino Real Park was awarded to the low bidder, Toyo Landscaping of Santa Ana, at $19,080 per year. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 9. APPROVAL OF TIME EXTENSION - CHANGE ORDER NO. 6, MISSION BELL PARK (PLANT CONTROL CORPORATION) (38) Due to a delay in electrical hookup, Change Order No. 6, a 30 -day time extension to April 24, 1980, was approved. -12- 1/23/80 192 10. APPROVAL OF TIME EXTENSION - CHANGE ORDER NO. 1, PARRA ADOBE RESTORATION (D.W. CONTRACTING) (38) Change Order No. 1, a 31 -day time extension to March 19, 1980, (23) was approved. The request was made due to time lost because of recent rains. 11. AGREEMENTS FOR PREPARATION OF DEBT LIMIT REPORT - ASSESSMENT DISTRICT 80-1, VIA ESTELITA (WILLDAN ASSOCIATES/BROWN) (38) The Agreements for preparation of a debt limit report for the (74) proposed Assessment District 80-1, construction of Via Estelita, were approved for the following: engineering services to be provided by Willdan Associates of Anaheim at $11,700; and, legal services to be provided by F. MacKenzie Brown, of Newport Beach, at $2,500. The Mayor and City Clerk were authorized to execute the agreements on behalf of the City. 12. AGREEMENTS FOR PREPARATION OF DEBT LIMIT REPORT - (38) The Agreements for preparation of a debt limit report for the (74) proposed Assessment District 80-2, construction of a sanitary sewer to serve the McCracken Hill area, were approved for the following: engineering services to be provided by Willdan Associates of Anaheim at $12,000; and, legal services to be provided by F. MacKenzie Brown of Newport Beach, at $2,500. The Mayor and City Clerk were authorized to execute the agreements on behalf of the City. 13. ACCEPTANCE OF EMA PERMIT TO INSTALL, OPERATE AND MAINTAIN STORM DRAIN ENTRIES - SAN JUAN CREEK CHANNEL NEAR LA NOVIA (65) The Orange County Environmental Management Agency Permit to (80) allow the Ortega Properties to install, operate and maintain three storm drain entry structures within the County's San Juan Creek Channel right-of-way was accepted. The permit fee is $582, which will be reimbursed upon sale of Assessment District 78-3 bonds. 14. CLAIM FOR PROPERTY DAMAGE (JOHNSON (35) The Claim filed by Cathy Johnson on December 14, 1979, for repairs to a vehicle allegedly damaged by the City street sweeper is denied and referred to the City's Claims Adjuster, Carl Warren Insurance, of Santa Ana. ADMINISTRATIVE ITEMS CITY MANAGER 1. COUNCIL POLICY MANUAL (32) There was a consensus of Council to hold this item for (69) consideration at the meeting of February 6, 1980. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT - MEREDITH CANYON LANDSCAPING, TRACTS 8087 AND 8319 (85) The status report dated January 23, 1980, was ordered received and filed. 2. VARIANCE CODE AMENDMENT SURVEY (55) The Variance Code Amendment Survey dated January 23, 1980, was (92) ordered received and filed. -13- 1/23/80 93 DIRECTOR OF PUBLIC WORKS 1. TREATMENT PLANT EXPANSION STUDY (SERRA) (79) Written Communications: Report dated January 23, 1980, from the Director of Public Works regarding the initiation of a study of proposed expansion of the Treatment Plant, including the City's request for exploration of alternate sites for wastewater treatment. Approval of Study and City Participation: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to approve the proposed SERRA budget in the amount of $50,000 for a study of Treatment Plant expansion and to authorize the transfer of $17,000 from the Sewer Enterprise Fund to the General Fund (SERRA) for the City's participatory share of the study. 2. REVIEW OF DEL OBISPO STREET ACCESS, HOME FEDERAL SAVINGS AND LOAN PROJECT (68) The Director of Public Works advised that the item had been (87) reviewed by staff and the City Attorney and that no official Council action is necessary. 3. APPLICATION FOR GRANT FUNDS, DESCANSO BIKEWAY BRIDGE CROSSING (62) Written Communications: (74) Report dated January 23, 1980, from the Director of Public Works advising that Senate Bill 244 provides funds for the construction of bikeway bridges and may be utilized for a bridge from Descanso Park to the west side of the Trabuco Creek channel. Approval of Application: It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to approve application for Senate Bill 244 funds for the Descanso bridge crossing. PLANNING COMMISSION 1. REPORT OF MEETING OF JANUARY 8, 1980 (67) The Report of Actions taken by the Planning Commission on January 6, 1980, was ordered received and filed. ARCHITECTURAL BOARD OF REVIEW 1. ARCHITECTURAL DESIGN GUIDELINES (23) Written Communications: Report dated January 23, 1980, from the Director of Community Planning and Development forwarding the Architectural Design Guidelines from the Architectural Board of Review. The Guidelines include exterior standards for the Central Area, large-scale buildings outside of the Central Area, and custom homes. Tony Bland, representing the Board, discussed the Guidelines with Council. Mayor Friess suggested that photographs of building design features be included, as well as drawings. Approval of Guidelines: It was moved by Councilman Buchheim and seconded by Councilman Thorpe that the following Resolution be adopted: -14- 1/23/80 194 RESOLUTION NO. 80-1-23-21, ARCHITECTURAL DESIGN GUIDELINES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ARCHITECTURAL DESIGN GUIDELINES FOR THE CITY The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None COUNCIL REMARKS 1. lii►cl"k (36) Councilman Hausdorfer commended staff and the consultants (56) for the presentations made to the County Planning Commission on January 22, 1980, regarding the Colinas de Capistrano development ridgeline issue. 2. CITY COUNCIL SALARIES (32) Councilman Hausdorfer suggested that increases in City Council salaries be considered during budget discussions and referred to a memorandum dated January 8, 1980, from the City Manager's office. Preparation of Ordinance: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that staff be directed to prepare an ordinance which would increase City Council salaries, pursuant to Government Code Section 36516.2, at a rate of 5% per calendar year from the previous adjustment of September, 1972; said ordinance to be considered during budget discussions. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Thorpe NOES: Councilman Buchheim and Mayor Friess ABSENT: None 3. LAND USE CODE VIOLATIONS - ADVERTISING (55) Mayor Friess requested staff review of the following items: advertising on benches at Camino Capistrano/Del Obispo Street and at the Best Western Inn; flags at an auto parts store; extra signs at Gallery of Homes. 4. OSO CREEK - FIELD TRIP (80) Mayor Friess requested that staff set a specific date for a field trip to inspect flood damage to Oso Creek with Orange County Supervisors Riley and Miller, Bill Bathgate, Ron Hanson, and Marilyn Williams. 5. PROCLAMATIONS (71) Mayor Friess requested that a proclamation be prepared for presentation to Don Baylor at the Chamber of Commerce function on February 15th. -15- 1/23/80 195 6. SUPERMARKET ITEM PRICING (32) Councilman Thorpe suggested that Council may wish to consider regulations for supermarket item pricing, if the County of Orange adopts such regulations. 7. STATE HOUSING PLANS (68) Councilman Thorpe requested that the State Housing Plan and Housing Element be scheduled for Council consideration and noted that the City has had low-cost housing for many years. 8. OSO CREEK - ASSESSMENTS FOR DAMAGE (80) Councilman Buchheim suggested consideration of a method for - assessing properties upstream, the development of which has caused additional water flow and resultant damage to the Oso Creek Channel. 9. TRAFFIC CIRCULATION - CAPISTRANO VALLEY BAPTIST CHURCH AND SCHOOL (83) Councilman Buchheim noted internal circulation problems and ingress and egress difficulties at the Capistrano Valley Baptist Church property on Del Obispo Street. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:58 a.m., Thursday, January 24, 1980, to the next regular meeting date of Wednesday, February 6, 1980 at 7:00 P.M., in the City Council Chamber. ATTEST: /K KENNETH E. FRIESS, AYO� Respectfully submitted, W P1712 i .�illillill,IN �r -16- 1/23/80