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82-0601_CC_Minutes_Regular MeetingJUNE 1, 1982 5)53 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Buchheim at 7:08 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Larry Ford, Capistrano Valley Baptist Church. ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor Anthony L. Bland, Mayor pro tem tem Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman ABSENT: Phillip R. Schwartze, Councilman STAFF PRESENT: E. Phillip Hale, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas Tomlinson, Associate Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Loretta Zimmerman, Assistant to the City Manager. MINUTES Regular Meeting of May 18, 1982 It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the Minutes of the regular meeting of May 18, 1982,yy)be approved with the following amendment to page 18: Paragraph No. t1: Delete the words regarding high school sites, and . . ."' Insert the words ". by Superintendent Thornsley, who indicated that no high school would be built in San Juan Capistrano." The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Friess, seconded by Councilman Hausdorfer that all Ordinances be read by title only. The motion carried by the following vote: AYES: NOES: ABSENT: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim None Councilman Schwartze -1- 6/1/82 6 r ORAL COMMUNICATIONS 1. REQUEST FOR LEGISLATION - DISBURSAL OF PUBLIC GATHERINGS (70) Blanche Chester, 26438 Paseo Carmel, requested that legislation be enacted to prohibit drinking on public streets and rights-of-way and to allow dispursal of group gatherings. There was a concurrence of Council that the City Attorney _ submit a report on the subject. WRITTEN COMMUNICATIONS 1. LETTER SUPPORTING REDEVELOPMENT CONCEPT (CHAMBER OF rnnmmvorv% (29) Council received copies of a letter dated May 17, 1982, from Joe Quintana, President, Chamber of Commerce advising of the Board of Directors support for the establishment by the City of a new economic Redevelopment Agency, under the direct supervision and control of the City Council, for the purpose of securing tax revenues generated by new commercial construction to be utilized in the improvement and maintenance of future needs of the City. Referral to Planning Department: It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried to refer the item to the Planning Department for future consideration and report for public discussion and explanation of the redevelopment agency process. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Bland that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze 1. APPROVAL OF WARRANTS (41) The List of Demands dated May 18, 1982, Warrant Register No. 82-121, in the total amount of 84,951.39, was approved as submitted. 2. REPORT OF PARKS AND RECREATION COMMISSION MEETING OF MAY 17, 1982 (62) The Report dated June 1, 1982, from the Secretary of the Parks and Recreation Commission regarding actions taken at the meeting of May 17, 1982, was ordered received and filed. -2- 6/1/82 REPORT OF EQUESTRIAN COMMISSION MEETING OF MAY 24, 1982 - 2 =lir TRAIL MAINTENANCE REVIEW VVv This item was removed from the Consent Calendar for discussion. (23) The Report dated June 1, 1982, from the Secretary of the Equestrian Commission regarding actions taken at the meeting of May 24, 1982, was ordered received and filed. There was a concurrence of Council that the Equestrian Commission be directed to (1) investigate the possibility of implementing a user fee to provide funds for trail maintenance; and, (2) consider annual maintenance costs for inclusion in the 1982-87 fiscal budget. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS OF MAY 12, 1982 AND MAY 26, 1982 This item was removed from the Consent Calendar for discussion. (23) The Report dated June 1, 1982, from the Secretary of the Traffic and Transportation Commission regarding actions taken at the meetings of May 12, and May 26, 1982, was ordered received and filed. Council requested that the study of traffic conditions at the intersection of Calle Belmonte and Via Sonora be presented at the earliest possible time. PUBLIC HEARINGS 1. REZONE 82-5, MODIFICATION TO GROWTH MANAGEMENT (85) This Public Hearing was continued from the meeting of May 18, 1982. Written Communications: Report dated June 1, 1982, from the Director of Community Planning and Development forwarding staff findings and the Planning Commission recommendation of approval. Applicant: Black Mountain Villas, 2643 Fourth Street, San Diego 92103 Property Owner: James Diffley, 1 San Mateo Way, Newport Beach 92625 -3- 6/1/82 i 2 56 Exhibits were on display, and Tom Tomlinson, Senior Planner, made an oral presentation and recommended that Condition 21.b relating to landscape buffering of Tract 9373 (Los Corrales) be deleted. Public Hearing: Notice having been given as required by law, Mayor Buchheim - re -opened the Public Hearing and the following persons responded: 1. Tim Kruer, representing Black Mountain Villas, stated that Lot 3 is as originally proposed with modifications; that the open space area was realigned; requested that accessory equestrian structures be allowed on the open space areas; concurred with slope failure bonding; asked that Condition 19 be removed since it is a constraint on another property which would preclude financing. Councilman Friess recommended that Condition 19 be deleted with the understanding that the matter be discussed with the applicant, the Director of Community Planning and Development, and Council representatives. Councilman Hausdorfer requested the City Attorney's opinion regarding clouding of title of another property. 2. Nancy Ferruzzo, 28291 Via Rueda, addressed stabilization of Lots 4, 5, and 6; "skylighting" of the residence on Lot 3; was advised that any structure beyond a fence within the open space areas would require a Conditional Use Permit; stated she had no concerns with the present plan. 3. Jim Clark, 28382 Paseo Establo, addressed emergency access provisions behind his property, and between his property and Lot 23 requiring a 20' easement adjacent to the equestrian trail, and requested that an alternative emergency access plan be formulated. Councilman Bland suggested a reduction in width of the easement with a decomposed granite surface utilized. There was a consensus of Council that the easement be 11' wide with a crushed brick or suitable substance, with a break -away barrier similar to the equestrian trail fencing. Mr. Clark suggested additional landscaping be required for privacy from the open space area. 4. Dennis Haehn, Traffic and Transportation Commission member, cited Condition 16 and the need to cover the ditch and stated support for Condition 21(b), the landscape buffering program. -4- 6/1/82 5. Tim Kruer stated that landslide #2 was thoroughly 2 57 reviewed by the soils engineer; that he would work with City staff on the development of Lot 3; opposed restrictions on structures in the open space area and supported installation of equestrian facilities, trees and crops; supported the installation of street trees but not box trees; concerns with the brow ditch would be resolved prior to submittal of the final map. There being no further response, the Hearing was closed with the right to re -open at any time. Mitigated Negative Declaration: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to certify the issuance of a mitigated Negative Declaration. Approval of Rezone 82-5 (Hidden Mountain): The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Friess and seconded by Councilman Hausdorfer that the following Ordinance be introduced: ORDINANCE NO. 460, REZONE 82-5 (HIDDEN MOUNTAIN) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING ASSESSOR'S PARCEL NO. 664-100-01 FROM OS (OPEN SPACE), OR (OPEN SPACE RECREATION), AND ES (SMALL ESTATE) TO 90RS (20,000), ES (SMALL ESTATE), ES (30,000) AND OS (OPEN SPACE) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze Approval of Modification to the Previously Approved Growth Management Concept Plan for Lot 70, Tract 9786: It was moved by Councilman Friess and seconded by Councilman Hausdorfer that the following amendment be made to the Resolution of approval: Condition 2: Nine additional building permit allocations is changed to eight. -5- 6/1/82 -- 0,58 Condition 16, add: The emergency access road shall It was moved by Councilman Friess and seconded by Councilman Hausdorfer that the following Resolution be adopted with the amendments cited above and with the condition that improvements for temporary emergency access shall be deferred to the latest possible date: RESOLUTION NO. 82-6-1-1, MODIFICATION TO APPROVED RESIDENTIAL CONCEPT PLANS (GROWTH MANAGEMENT) (HIDDEN MOUNTAIN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MODIFICATION TO APPROVED RESIDENTIAL CONCEPT PLANS FOR GROWTH MANAGEMENT 77-3 (HIDDEN MOUNTAIN) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze Grading Controls: There was a concurrence of Council that Mayor Buchheim, Councilman Friess, Tim Kruer, and the Director of Community Planning and Development form a committee to discuss grading controls. RECESS AND RECONVENE - Council recessed at 8:50 p.m. and reconvened at 9:02 p.m. -6- 6/1/82 remain within the existing trail widths to the extent possible with a decomposed granite or similar surface; barrier fencing shall be consistent with the City's standard trail fencing. Condition 17, Buffering along the west boundary of add (c): Lot 21 to offset the impacts of future temporary access. Condition 19: Delete. Condition 21 (b): Delete. It was moved by Councilman Friess and seconded by Councilman Hausdorfer that the following Resolution be adopted with the amendments cited above and with the condition that improvements for temporary emergency access shall be deferred to the latest possible date: RESOLUTION NO. 82-6-1-1, MODIFICATION TO APPROVED RESIDENTIAL CONCEPT PLANS (GROWTH MANAGEMENT) (HIDDEN MOUNTAIN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MODIFICATION TO APPROVED RESIDENTIAL CONCEPT PLANS FOR GROWTH MANAGEMENT 77-3 (HIDDEN MOUNTAIN) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze Grading Controls: There was a concurrence of Council that Mayor Buchheim, Councilman Friess, Tim Kruer, and the Director of Community Planning and Development form a committee to discuss grading controls. RECESS AND RECONVENE - Council recessed at 8:50 p.m. and reconvened at 9:02 p.m. -6- 6/1/82 259 2. REZONE 82-4 AND TENTATIVE TRACT 10134, SAN JUAN CREEK ROAD (DIFFLEY/BLACK MOUNTAIN VILLAS) (85) This Public Hearing was continued from the meeting of May 18, 1982. Written Communications: (1) Report dated May 18, 1982, and resubmitted June 1, 1982, from the Director of Community Planning and Development. (2) Letter dated May 24, 1982, from Winston Gudmunson, 28272 Paseo Corrales, San Juan Capistrano 92675 opposing the project. Exhibits were on display, and Tom Tomlinson, Senior Planner, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Buchheim re -opened the Public Hearing, and the following persons responded: 1. Tim Kruer, representing Black Mountain villas and Dr. Diffley, spoke in support of the project. Tom Tomlinson advised that the density transfer to Lot 70, Tract 9786, should be 9 units rather than 8. The Director of Community Planning and Development noted that approval of the tract map would represent the ultimate General Plan capacity for Tracts 10134 and 9786, with a transfer of up to a maximum of 9 units. Amendment to Resolution: Following discussion, Council approved an amendment to the first sentence of Condition 22 0£ the proposed resolution to read as follows: "Density Transfer: Under this approval, the applicant shall record a document, approved by the City Attorney as to format, establishing this Tract Map, together with the density transfer of up to 9 units to Lot 70, Tract 9786, as the maximum development potential of the property." Approval of Rezone 82-4 (Diffley/Black Mountain Villas): The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following Ordinance be introduced: -7- 6/1/82 260 3. ORDINANCE NO. 461, REZONE 82-4 (DIFFLEY) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 124-223-37 FROM GM (GROWTH MANAGEMENT) TO ES (SMALL ESTATE), EL (LARGE ESTATE) AND EL(15) (LARGE ESTATE, MINIMUM LOT SIZE 15 ACRES) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze Approval of Tentative Tract 10134 (Diffley/Black Mountain Villas): It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following Resolution be adopted with the amendment stated above: RESOLUTION NO. 82-6-1-2, APPROVAL OF TENTATIVE TRACT MAP 10134 (DIFFLEY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 10134 (DIFFLEY) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze REVISED TENTATIVE PARCEL MAP 80-856 (SCHAUWECKER) (85) Proposal: Consideration of a revision to a previously -approved Tentative Parcel Map 80-856, eliminating the southwestern property and reducing the parcel numbers from four to three. No other - changes in the map are proposed. Applicant and Property Owner: Dr. and Mrs. Thomas G. Schauwecker, 32391 San Juan Creek Road, San Juan Capistrano 92675. -8- 6/1/82 261 Written Communications: (1) Report dated June 1, 1982, from the Director of Community Planning and Development, forwarding staff findings and recommendation of approval made by the Planning Commission on May 11. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and the following persons responded: 1. Elmer Christianson, civil engineer, representing the applicants, requested that the three Agenda items dealing with the property be considered consecutively, and Council concurred. Approval of Tentative Parcel Map 80-856: It was moved by Councilman Hausdorfer and seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 82-6-1-3 iota APPROVAL OF TENTATIVE ECKER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 80-856 (SCHAUWECKER) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze DIRECTOR OF PUBLIC WORKS 1. APPROVAL OF PARCEL MAP 80-856 - SAN JUAN CREEK ROAD (SCHAUWECKER) (85) Written Communications: Report dated June 1, 1982, from the Director of Public Works regarding the review by the Engineering Division of Parcel Map 80-856; property located on San Juan Creek Road. Approval of Parcel Map 80-856: It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried to approve Parcel Map 80-856, conditioned on the approval of Tentative Parcel Map 80-856, by determining that said map is consistent with the General Plan of the City and in substantial compliance with the tentative map. -9- 6/1/82 262 2. RIGHT-OF-WAY EASEMENT, SAN JUAN CREEK ROAD (SCHAUWECKER) (38) Written Communications: Report dated June 1, 1982, from the Director of Public Works forwarding the Right-of-way Easement for San Juan Creek Road. Approval of Right -of -Way Easement: It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried to approve and accept the Right -of -Way Easement for San Juan Creek Road (Schauwecker). The Mayor and City Clerk were authorized to execute the easement document and the City Clerk was directed to record the document with the Orange County Recorder. PUBLIC HEARINGS (CONT.): 4. CODE AMENDMENT 82-3 (OUTDOOR LIGHTING) (39) Proposal: Extension of the requirement for a Conditional Use Permit for tennis court night lighting to all outdoor recreation and equestrian uses. Written Communications: Report dated June 1, 1982, from the Director of Community Planning and Development forwarding staff findings, Planning Commission recommendation of approval, and Equestrian Commission recommendation of approval. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and there being no response declared the Hearing closed. Approval of Conditional Use Permit for Outdoor Lighting for Recreation and Equestrian Uses: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer and seconded by Councilman Bland that the following Ordinance be introduced: ORDINANCE NO. 462, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - AMENDING OUTDOOR LIGHTING REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.404, 9-3.401 THROUGH 9-3.409, 9-3.414, 9-3.415, 9-3.418, AND 9-3.614 OF THE MUNICIPAL CODE, AMENDING OUTDOOR LIGHTING REGULATIONS -10- 6/1/82 Motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze 5. FUNDING OF ASSESSMENT STUDIES MEREDITH CANYON SLOPE DISTRICT (74) Proposal: 2 6� Consideration of a loan of $20,000 to the Meredith Canyon Slope District for the purpose of funding the preparation of a debt limit report under assessment district proceedings with the goal of repairing the failed slopes in Meredith Canyon. Written Communications: (1) Report dated June 1, 1982, from the Director of Public Works. (2) Letter dated June 1, 1982, from Donald Luschen, 32086 Camino Capistrano, San Juan Capistrano 92675 in opposition. (3) Letter dated June 1, 1982, from Robert W. Simpson, 33631 Calle Miramar, San Juan Capistrano 92675 in opposition. (4) Letter dated May 21, 1982, from Mr. and Mrs. J. R. Emley, 33702 Calle Miramar, San Juan Capistrano 92675 in opposition. (5) Letter dated May 19, 1982, from J. S. Bradford, Lot 57, Tract 8087, Meredith Canyon in opposition. (6) Letter dated May 28, 1982, from Dr. H. Kashani, 27141 Paseo del Este, San Juan Capistrano 92675 in opposition. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and the following persons responded in support of the proposal: 1. John Northcutt, 33711 Calle Miramar, Community Association Board Member. 2. Bob Mikolajczak, 26971 Via la Mirada, Community Association Board Member. -11- 6/1/82 2 64 The followingpersons spoke in p p opposition: 1. Daryl Beaver, 33552 Via de Agua. There being no further response, the Hearing was closed with the right to re -open at any time. Approval of Loan to the Meredith Canyon Slope District: It was moved by Councilman Friess and seconded by Councilman Bland to approve a loan of $20,000 from the City of San Juan Capistrano to the Meredith Canyon Slope District for the purpose of preparing a debt limit report for the Meredith Canyon Slope District Assessment District #82-1 (MCSD-AD 82-1), with the understanding that the City anticipates that the loan will be repaid within a reasonable period of time. The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: Councilman Hausdorfer ABSENT: Councilman Schwartze 6. PROPOSED USE OF FEDERAL REVENUE SHARING FUNDS FOR FISCAL YEAR ENDING JUNE 30, 1983 (41) Proposal: As required by the Federal General Revenue Sharing Act, receipt of public testimony on the proposed use of General Revenue Sharing. Entitlement 4 allocations in the amount of $182,596 to be received during Federal fiscal year October 1, 1982, to September 30, 1983. Written Communications: Report dated June 1, 1982, from the Director of Administrative Services. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and there being no response declared the Hearing closed. It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to receive and file the Report. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 459 - ITEM PRICE MARKING ON PACKAGED CONSUMER COMMODITIES (55) Written Communications:Report dated June 1, 1982, from the City Clerk Ordinance had been regularly introduced at the City Council meeting of May 18, 1982, and was scheduled for adoption. -12- 6/1/82 '265 Adoption of Ordinance No. 459: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Ordinance be adopted: ORDINANCE NO. 459, REPEAL OF ORDINANCE - ITEM PRICE MARKING ON PACKAGED CONSUMER COMMODITIES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING SECTIONS 5-15.01, 5-15.02, AND 5-15.03 (ORDINANCE NO. 404) OF THE MUNICIPAL CODE - ITEM PRICE MARKING ON PACKAGED CONSUMER COMMODITIES The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze RESOLUTIONS 1. SUPPORTING THE LOCATION OF U. S. CUSTOMS AND IMMIGRATION SERVICES AT ONTARIO AIRPORT (88) Written Communications: Report dated June 1, 1982, from the Assistant to the City Manager forwarding a Resolution supporting efforts to locate U. S. Customs and Immigration services at Ontario Airport. Adoption of Resolution: It was moved by Councilman Bland, seconded by Councilman Hausdorfer that the following Resolution be adopted: UTION NO. 82-6-1-4. SUPPORTING LOCATION OF V.J• liVJyVI'L ..1 ALVL 11'3y'ly Vy\CL1yVLY JI:a L\V ll.l'+J — VLYlAl\1V AIRPORT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING LOCATION OF U.S. CUSTOMS AND IMMIGRATION SERVICES AT ONTARIO INTERNATIONAL AIRPORT The motion carried by the following vote: AYES: NOES: ABSENT Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim None Councilman Schwartze -13- 6/1/82 CITY BANK ACCOUNTS - INVESTMENT OF CITY FUNDS, DEPOSITS/AUTHORIZED SIGNATURES (41) Written Communications: Report dated June 1, 1982, from the Director of Administrative Services regarding the investment of City cash in depositories paying the highest rate of interest. Adoption of Resolution: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 82-6-1-5, DEPOSIT AND INVESTMENT OF CITY FUNDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AND REPEALING RESOLUTIONS NOS. 82-4-20-2 AND 82-4-20-3 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze BIDS, CONTRACTS, AGREEMENTS 1. APPROVAL OF BID - OSO ROAD AT TRABUCO CREEK (83) Written Communications: Report dated June 1, 1982, from the Director of Public Works forwarding a recommendation of approval. Approval of Bid: It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to approve the bid by Ortega Rock of $6,300 for construction of a gravel road "Arizona crossing" of Trabuco Creek. ADMINISTRATIVE ITEMS ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES 1. RATE INCREASE REQUEST (TM CABLEVISION) (43) Written Communications: (1) Report dated June 1, 1982, from the Assistant City Manager/ Director of Administrative Services forwarding a status report regarding Cablevision rate increases. -14- 6/1/82 267 (2) Letter dated February 1, 1982, from Joni Denny, District Manager, TM Cablevision, forwarding a request for adjustments to the existing rate table. Public Hearing Date Set: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to set a Public Hearing on the requested rate increases for June 15, 1982, at 7:00 p.m. in the City Council Chamber. Councilman Friess noted that the City is concerned with the level of service. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. REQUEST FOR WAIVER, OFF-SITE GRADING REGULATIONS (85) Written Communications: (1) Report dated June 1, 1982, from the Director of Community Planning and Development forwarding staff findings and recommendation of denial of the proposed borrow of approximately $49,000 cubic yards of fill material from Parcel C to Parcels A and B, the La Novia Road extension, and recreational vehicle storage area. (2) Letter dated May 24, 1982, from Ervin Engineering, 621 S. Westmoreland Avenue, Los Angeles 90005 forwarding a brief outline explaining the need for the earthwork borrow site for the development of the Park Site and the Recreational Vehicle Storage Area. The Director of Community Planning and Development made an oral presentation, and Lee Johnson, Glendale Federal Project Engineer, requested that the waiver and off-site grading be approved and requested that if approval is granted, Condition 4 requiring site restoration, be deleted; the developer would be willing to provide bonding. Approval of Grading Borrow Plan: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to grant the waiver and approve the off-site grading borrow plan; an agreement is to be executed prior to issuance of the grading plan with the following conditions: (1) Re -vegetation of the graded area with natural grasses and chaparral. (2) Agreement that the borrow grading or retention basin will not influence future design or review of development concepts submitted for Parcel C. -15- 6/1/82 269 (3) Full and effective maintenance of the retention basin by Glendale Federal --with appropriate financial guarantees. (4) Condition 4 was amended to read: If no development permits are obtained for the area within three years of City certification of grading completion, there shall be a review by the City Council for possible requirements of restoration; should such restoration be deemed necessary, a surety shall be posted. Staff was directed to provide comprehensive plans for Parcels E and F, the property above the golf course. DIRECTOR OF PUBLIC WORKS - ADDITIONAL ITEMS 3. AUTHORIZATION TO RECEIVE PROPOSALS AND APPROVAL (44) Written Communications: Report dated June 1, 1982, from the Director of Public Works forwarding a copy of the draft work program which will serve as a basic guideline for preparation and review of the traffic circulation study. Approval of Work Program: It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried to approve the work program and funding of $3,000 for traffic engineering services. Staff was authorized to receive proposals from traffic engineering consultants. 4. REPORT ON ADJUSTMENT - CITY SEWER SERVICE CHARGES (80) Written Communications: Report dated June 1, 1982, from the Director of Public Works advising of the need for re-evaluation of the sewer usage charges set in 1979. Presentation of Proposed Proportionate Increases: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to present the proposed proportionate increases for sewer user rates at a Public Hearing on June 15, 1982. 5. APPROVAL OF OPERATIONS AGREEMENT AND PRESENTATION OF REQUEST FOR RATE ADJUSTMENTS (SOLAG DISPOSAL) (45) Written Communications: (38) Report dated June 1, 1982, from the Director of Public Works forwarding a review of current refuse collection rates to be -16- 6/1/82 269 presented at a Public Hearing on June 15, 1982, and a proposed 7 -year operations agreement ending June 1, 1989, and including an annual free City-wide clean-up program, a City franchise fee commencing at 2s of the annual gross and escalating to 5%, insurance and performance bond requirements. Council requested that the firm's roadway be improved with a substance such as crushed gravel to prevent on-going dust problems on the street. Mr. Trulis, the operator, concurred with the request, which will be reviewed with the Director of Public Works. Approval of Operations Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve the Agreement with Solag Disposal Company and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. DIRECTOR OF RECREATION 1. ATHLETIC FIELD IMPROVEMENTS, CHANGE ORDERS 1 AND 2 (MARCO FORSTER JUNIOR HIGH SCHOOL (78) Written Communications: Report dated June 1, 1982, from the Director of Recreation requesting approval of Change Order No. 1 in the amount of $3,060.00 for light deflection louvers at Field #1 and Change Order No. 2 in the amount of $5,301.94 for completion of electrical installations. Approval of Change Orders: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve Change Orders 1 and 2 in the total amount of $8,361.94 for the lighting of the athletic fields and to recommend approval by the Board of Trustees of the Capistrano Unified School District. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF MAY 25. 1982 (67) The Report of actions taken by the Planning Commission at the meeting of May 25, 1982, was ordered received and filed. MOBILEHOME PARK AD HOC COMMITTEE 1. ORDINANCE NO. 439 - COMMITTEE RECOMMENDATION (23) Written Communications: Report dated June 1, 1982, from the City Manager forwarding the Minutes of the Mobilehome Park Ad Hoc Committee meeting of May 18, 1982, including the Committee recommendation that the City retain Ordinance No. 439. -17- 6/1/82 r 270 Acceptance of Committee Recommendation: It was moved by Councilman Bland, seconded by Councilman Friess and unanimously carried carried to accept the Committee recommendation that Ordinance No. 439 be retained and litigation pursued. COUNCIL ACTIONS 1. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS (23) Written Communications: Report dated June 1, 1982, from the Administrative Assistant to the City Manager advising that all Board and Commission appointments expire on June 30 of each year, pursuant to Section 2-2.102 of the Municipal Code. There was a concurrence of Council that consideration of the matter be held over to the meeting of June 15, 1982, when all Council Members will be present. COUNCIL REMARKS 1. PROPOSED LAND USE COMMISSION (23) Councilman Friess cited a letter from Planning Commission Chairman Jim Atkins recommending that a Land Use Commission be formed composed of one member from each of the existing Commissions. There was a consensus of Council that staff be directed to review the proposal. 2. PARKING OF USED CARS FOR SALE (65) Councilman Bland commended staff for their efforts in clearing up parking problems on Del Obispo Street between the Fire Station and Marie Callendars Restaurant. It was noted that vehicles are not being parked at the northeast corner of Alipaz Street at Del Obispo Street. 3. REQUIREMENTS FOR CUSTOM HOMES (68) Councilman Friess inquired into the status of proposed requirements for custom homes and was advised that a report would be submitted in the near future. 4. MISSION PLAZA PHOTO -MAT (68) Councilman Friess noted that a yellow and blue kisok was being installed in Mission Plaza. Staff advised that the style would conform to City regulations and that the open trench would be closed. 5. CITY EVENTS (34) Mayor Buchheim advised of the following events: -18- 6/1/82 2�� Dedication of the Old Fire Station, June 3 at 2:00 p.m.; Chamber of Commerce/City ballgame, June 4 at 6:00 p.m.; Groundbreaking for the new Library, June 17 at 2:00 p.m. U931011"Wo There being no further business before the Council, the meeting was adjourned at 10:24 p.m., to the next meeting date of June 15, 1982, at 7:00 p.m., in the City Council Chamber. ATTEST: '�L e�� RENCE F. B CHHEIM, MAYOR Respectfully submitted, �i iW .rll-IMii" INTIMAWSR %' • -19- 6/1/82