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
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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.
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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.
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(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
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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
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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.
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(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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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:
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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.
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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,
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