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78-1207_CC_Minutes_Adjourned Regular Meeting15'7 DECEMBER 7, 1978 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Friess at 7:07 P.M., in the City Council Chamber for the purpose ' of completing the December 6, 1978, Agenda. ROLL CALL PRESENT: Kenneth E. Friess, Mayor James F. Thorpe, Mayor pro tem (arrived at 7:10 P.M.) Lawrence F. Buchheim, Councilman Gary L. Hausdorfer, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works/City Engineer; 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, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Thorpe RESOLUTIONS 1. ARTERIAL HIGHWAY FINANCING PROGRAM GRANT REQUEST CAMINO CAPISTRANO IMPROVEMENT PROJECT (44) Proposal- A request that the County Board of Supervisors allocate additional funds in the amount of $25,000, for a total allocation of $130,000, for the improvement of Camino Capistrano between Del Obispo Street and Avenida Padre. The project will include curb and gutter, widening to four travel lanes, landscaped median between Del Obispo and Golondrina, left -turn lanes, a storm drain facility and undergrounding of overhead utilities. Written Communications: (1) Report dated December 6, 1978, from the Director of Public Works. ' Approval of Request for Funding: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted: -1- 12/7/78 RESOLUTION NO. 78-12-7-1, ARTERIAL HIGHWAY FINANCING PROGRAM SUBMITTAL, 1979-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE RESUBMITTAL OF CAMINO CAPISTRANO The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Thorpe 2. MAJOR BRIDGE PROGRAM GRANT REQUEST - CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK (74) Proposal: (44) A request that the County Board of Supervisors allocate Federal Aid Urban Funds in the amount of $272,000, to be used as local matching funds in the replacement of the Camino Capistrano bridge at San Juan Creek, from the County Major Bridge Program. Written Communications: (1) Report dated December 6, 1978, from the Director of Public Works. Approval of Request for Funding: It was moved by Councilman Buchheim and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 78-12-7-2, MAJOR BRIDGE PROGRAM SUBMITTAL - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE MAJOR BRIDGE PROGRAM THE DEVELOPMENT OF THE CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Thorpe 3. ARTERIAL HIGHWAY FINANCING PROGRAM ANNUAL REQUALIFICATION (44) Proposal: A request to the County of Orange for annual requalification in the County Arterial Highway Financing Program; the Advisory Committee is to be advised that the City has made no change in its Master Plan of Arterial Streets and Highways during 1978 and that a decision on the extension of Junipero Serra will be made in 1979. Requirements for requalification include conformance with the program's rules and procedures and with the County Master Plan of Arterial Highways. Written Communications: (1) Report dated December 6, 1978, from the Director of Public Works. —2- 12/7/78 159 Approval of Requalification Request: It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 78-12-7-3, ARTERIAL HIGHWAY FINANCING PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING ANNUAL REQUALIFICATION FOR PARTICIPATION IN THE COUNTY'S ARTERIAL HIGHWAY FINANCING PROGRAM The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Thorpe Councilman Thorpe arrived at 7:10 P.M. WRITTEN COMMUNICATIONS 1. REQUEST FOR ASSESSMENT OF DEVELOPER FEES - CAPISTRANO UNIFIED SCHOOL DISTRICT (78) Council received copies of a letter dated November 15, 1978, and supportive materials from the Board of Trustees of the Capistrano Unified School District requesting that following review the City adopt an ordinance to provide for the assessment of developer fees due to overcrowding of schools. The request is made pursuant to Government Code Section 65971. With the concurrence of Council, Mayor Friess directed that the matter be referred to staff with a report to be scheduled for January 17th or February 7th. Staff is to reflect the City's efforts in implementing the growth management program and agricultural preservation and to ascertain where such developer fees would be utilized by the District. RESOLUTIONS 1. PERMANENT LOCATION FOR HEAD START PROGRAM (39) Proposal: Adoption of a Resolution encouraging the School District to work in cooperation with the Head Start Program and the City to find a permanent location for the Program on public property. A Conditional Use Permit has been granted to the Community Counseling Center to operate the program at a temporary site on La Matanza until July 31, 1979. Written Communications: (1) Report dated December 6, 1978, from Loretta Murray, Administrative Assistant. Adoption of Resolution: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted with the addition of statements that the City wishes to work jointly with the School District in resolving community problems and that the Head Start Program should help reduce District costs by alleviating learning problems: -3- 12/7/78 160 RESOLUTION NO. 78-12-7-4, PERMANENT LOCATION FOR HEAD START PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ENCOURAGING THE CAPISTRANO UNIFIED SCHOOL DISTRICT TO SECURE A PERMANENT LOCATION FOR THE HEAD START PROGRAM The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None Councilman Thorpe requested that an alternate location for the Head Start Program be maintained on the To Do List. 2. LITTER CLEAN UP GRANT APPLICA (45) Proposal: A request from the County of Orange for approval of a Litter Clean -Up and Litter Enforcement Program developed by the State Solid Waste Management Board to provide grant funding pursuant to the Litter Control, Recycling and Resource Recovery Act of 1977. Written Communications: (1) Report dated December 6, 1978, from the Director of Public Works forwarding a proposed Resolution for Council consideration. The Resolution approves the filing of an application for funds and authorizes the City Manager to execute the application. Approval of Application: It was moved by Councilman Thorpe, seconded by Councilman Schwartze that the following Resolution be adopted: NO. 78-12-7-5, APPLICATION FOR LITTER CONTROL, RECYCLINU AND 1(hbUUAC1; A@1CUVr;Ar A1.1' ryNA 0 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE FILING OF APPLICATION FOR LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY ACT FUNDS BY THE COUNTY OF ORANGE The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None _ FRED L. NEWHART SCHOOL - LETTER OF APPRECIATION (78) There was a consensus of Council that a letter of appreciation be sent to the Board of Trustees of the School District in response to their action in naming a school in the Mission Viejo area after City resident Fred L. Newhart, Jr. The City Council had recommended Mr. Newhart's name for considera- tion due to his many years of service to the District. -4- 12/7/78 161 BIDS, CONTRACTS, AGREEMENTS MAINTENANCE OF DESCANSO PARK AND SPECIFIED PARKWAYS - AWARD OF CONTRACT (TRANSCONTINENTAL FACTORS) (74) Proposal: (38) Approval of a one-year agreement for the maintenance of Descanso Park and other specified parkways effective January 1, 1979. Written Communications: (1) Report dated December 6, 1978, from the Director of Public Works forwarding the results of bids received on November 28th. Approval of Contract: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to award the Contract to the low bidder, Transcontinental Factors, Inc., of San Clemente, in the amount of $1,041.66 per month and to reject all other bids received. The Mayor and City Clerk are authorized to execute the contract on behalf of the City. 2. LOS RIOS AREA STREET IMPROVEMENTS AWARD OF CONTRACT (GRIFFITH COMPANY) (23) Proposal: (38) Approval of a contract for the Los Rios Area Street Improvements to be funded by Housing and Community Development Act grant funds. Written Communications: Two reports dated December 6, 1978, from the Director of Public Works forwarding the results of bids received on December 6th. Approval of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to award the contract to the low bidder, Griffith Company, of Irvine, in the total amount of $105,876 and to reject all other bids received. The Mayor and City Clerk are authorized to execute the contract on behalf of the City. SUBDIVISIONS AND ANNEXATIONS L. TRACT 9284 - POSITION STATEMENT RE DE -ANNEXATION (85) Proposal: (21) A request from the City of San Clemente that the City render an opinion with regard to de -annexation of Tract 9284 located above Camino Las Ramblas at the City limits. The tract will receive City water, sanitary sewer service and drainage facilities. Written Communications: (1) Report dated December 6, 1978, from the Director of Public Works forwarding a letter dated November 6, 1978, from the City Manager of San Clemente requesting an opinion regarding annexation of the Tract to that City. Approval of Position Statement: It was moved by Councilman Schwartze, seconded by Councilman Hausdor£er and unanimously carried to direct the Director of Public Works to inform the City of San Clemente that San Juan Capistrano does not desire to de -annex Tract 9284 (Smith/King) to the City of San Clemente. -5- 12/7/78 162 ADMINISTRATIVE ITEMS CITY MANAGER 1. PERSONNEL - AUTHORIZATION TO HIRE CLERK TYPIST, PLANNING DEPARTMENT (66) Proposal: A request for authorization to hire a Clerk Typist for the Planning Department in lieu of filling the budgeted Planning Aide position. Written Communications: (1) Report dated December 6, 1978, from the City Manager. Approval of Position: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to authorize the hiring of a Clerk Typist instead of the Planning Aide for the Department of Community Planning and Development. CITY CLERK CITY COUNCIL AGENDA INFORMATION SHEET (32) Proposal: Approval of an information format for use by the public, which explains phrases, terms and abbreviations used in conjunction with the City Council Agenda and staff reports as requested by Mayor Friess. Written Communications: (1) Report dated December 6, 1978, from the City Clerk forwarding the proposed format entitled "Welcome to Your City Council Meeting." Approvalmoof Information Sheet: It was ved by Councilman Hausdorfer, seconded by Councilman Shcwartze and unanimously carried to approve the City Council Information Sheet as submitted and to authorize funding for printing a one-year supply in an amount not to exceed $182.00. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT - MEREDITH (85) Council received copies of a report dated December 6, 1978, from the Director of Community Planning and Development forwarding a memorandum from the Land Use Coordinator outlining the status of remedial landscaping. Following discussion and with the concurrence of Council, Mayor Friess ordered the report received and filed. 2. THREE-YEAR HOUSING ASSISTANCE PLAN, HOUSING AND COMMUNITY DEVELOPMENT ACT GRANT APPLICATION - LOS RIOS AREA (23) Proposal: Approval of the Housing Assistance Plan for inclusion with the City's Fifth Year Housing and Community Development Grant application for use in the Los Rios Area. Written Communications: (1) Report dated December 6, 1978, from the Director of Community Planning and Development. -6- 12/7/78 163 Approval of Plan: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 78-12-7-6, HOUSING ASSISTANCE PLAN CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE CITY'S THREE-YEAR HOUSING ASSISTANCE PLAN AS PART OF THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE The motion carried by the following vote: AYES: NOES: ABSENT: DIRECTOR OF PUBLIC Councilmen Hausdor£er, Schwartze, Thorpe, Buchheim and Mayor Friess None None CITY ENGINEER 1. REPORT ON COST OF PROVIDING TRASH CONTAINERS AT CITY PARKS (62) At the request of Council, the Director of Public Works submitted a report dated December 6, 1978, outlining the cost of providing trash containers at four neighborhood parks. The annual cost is estimated at $3,030. With the concurrence of Council, Mayor Friess directed that the report be received and filed. The Director of Public Works advised that some containers would be placed on a test basis in coordination with the Director of Recreation. Mayor Friess suggested the Mission Village area due to the amount of activity. Council also directed that graffiti recently painted on City walls in the area of E1 Camino Real Park be cleaned or repainted and that affected homeowners associations be contacted with regard to cleaning their common walls. 2. SERRA PROJECT COMMITTEES NOS. 2 AND 3 ADOPTION OF MAINTENANCE BUDGETS (79) Proposal: Approval of an amendment to the 1978-79 budget for the maintenance and operation of the Treatment Plant, Project Committee No. 2, and approval of a re -distribution of operational costs for the period July 1 through December 31, 1978. Written Communications: (1) Report dated December 6, 1978, from the Director of Public Works. Approval of Budgets: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried that the following budgets be approved with expenditures authorized from the Sewer Enterprise Fund: SERRA Project Committee $759,428, including the $183,022. SERRA Project Committee $78,374, including the $11,043.20. No. 2 in the amount of City obligation of No. 3 in the amount of City obligation of -7- 12/7/78 • 2, 3. WAIVER OF CONDITION TO OPERATIONS AGREEMENT, PROJECT COMMITTEE NO. 2 (SERRA) (79) Proposal: (38) An amendment to the March 3, 1976, agreement between the City and SERRA to authorize either City operation and maintenance of the Treatment Plant on a year-to-year basis or City operation and maintenance for an 18 -month period of time effective January 1, 1979. Written Communications: (1) Report dated December 6, 1978, from the Director of Public Works forwarding the revised Section 4, Term, of the Agreement. Approval of Amendment: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to approve the Second Amendment to the Agreement Between the South East Regional Reclamation Authority (SERRA) for and on Behalf of Project Committee No. 2 with the City of San Juan Capistrano for Operation and Mainte- nance of Wastewater Treatment Plant; the Mayor and City Clerk are authorized to execute the amendment on behalf of the City. Councilman Thorpe left the meeting at 8:00 P.M. COUNCIL ACTIONS 1. APPOINTMENT OF REPRESENTATIVE TO SERRA (79) Following discussion, there was a consensus of Council that appointment of a representative to the SERRA Board of Directors be placed on the January 3, 1979, Agenda for consideration. Staff is to prepare a press release seeking applications. COUNCIL REMARKS AND COMMITTEE REPORTS 1. LEAGUE OF CALIFORNIA CITIES (61) Councilman Schwartze, the City's representative to the Orange County Division made an oral report on activities of the League of California Cities. 2. COMMENDATIONS (36) Councilman Hausdor£er suggested that a letter of appreciation be prepared for Ruth Marquard who has served as recording secretary for the Parks and Recreation Commission for the past 8 years. The City Manager advised that a Commendation Policy will be completed in the near future. Councilman Buchheim requested that a commendation be prepared for past Planning Commissioner Kenneth O. Feltman. Mayor Friess requested that a letter of appreciation be sent to Elaine Tracy for donation of stereo equipment for use at the Hot Springs Dance Hall. 3. COMMERCIAL SIGNS (25) In response to Councilman Hausdorfer, Mayor Friess directed that staff contact the President of the Chamber of Commerce regarding the Chamber's study on commercial sign lighting in business plazas. -8- 12/7/78 165 4. STOCKPILE AT GANADO ROAD (39) Councilman Hausdorfer inquired into the status of the stockpile in the vicinity of Ganado Road; the City Attorney will keep Council advised of progress in removal of the material. 5. LANDSCAPE DAMAGE - SUN HOLLOW (85) Councilman Buchheim noted that he had received complaints of damage to landscaping along Sundance Drive caused by trucks from the Maurer developments. 6. HOMEOWNER ASSOCIATIONS (61) A list of all homeowner association presidents is to be provided to Council Members. A request from the associations for copies of City Council Minutes was referred to staff. 7. STABLE OPERATIONS (23) Councilman Buchheim requested that staff prepare a letter advising that the mobile home located at the Birnie Stables near Ganado Road is an approved use. Mayor Friess referred the status of landscaping at stables along San Juan Creek to the Equestrian Commission for review. 8. MEETING SCHEDULES (32) There was a consensus of Council that the following meetings be scheduled: (1) Joint meeting with the Parks and Recreation Commission on Wednesday, January 17, 1979, at 5:30 P.M., for discussion of the conceptual plan for C. Russell Cook Park; (2) Joint meeting with the Planning Commission is to be rescheduled from Tuesday, January 16, 1979, to a meeting in February. RECESS TO EXECUTIVE SESSION Council recessed to an Executive Session at 8:30 P.M., for discussion of personnel matters; the City Clerk was excused therefrom. Councilman Thorpe returned to the meeting at 9:00 P.M., and Council reconvened at 9:20 P.M., with all members present. COUNCIL ACTIONS 1. PERSONNEL - APPROVAL OF MEMORANDA OF UNDERSTANDING AND COMPENSATION PLAN (66) The City Manager advised that the Miscellaneous Employees and Management Employees have met and conferred. It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the Memoranda of Understanding granting a 6.48 salary increase and increases in medical benefits to miscellaneous and management employees. It was moved by Councilman Schwartze and seconded by Councilman Buchheim and the following Resolution be adopted: -9- 12/7/78 166 RESOLUTION NO. 78-12-7-7, EMPLOYEE COMPENSATION PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE COMPENSATION PLAN The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 2. APPROVAL OF CITY MANAGER'S CONTRACT (33) It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to authorize the Mayor to execute the Agreement between the City and James S. Mocalis for continuation of his services as City Manager for a 4 -year period of time. RECESS TO EXECUTIVE SESSION Council recessed to an Executive Session at 9:22 P.M., the City Clerk being excused therefrom, and reconvened at 12:25 A.M., Friday, December 8, 1978. (Councilman Schwartze left the meeting at 10:10 P.M.). ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:25 A.M., Thursday, December 8, 1978, to the next regular meeting date of Wednesday, December 20, 1978, at 7:00 P.M., in the City Council Chamber. ATTEST: KENNETH E. FRIESS, MAYOR Respectfully submitted, MARY ANN,,4ANOVER, CITY CLERK -10- 12/7/78 .r