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80-1015_CC_Minutes_Regular Meeting65 OCTOBER 15, 1980 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 Hausdorfer at 7:00 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Palmer, Old Mission Church. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Phillip R. Schwartze, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Kenneth E. Friess, 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; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MTNTTTF.S Adjourned Regular Meeting of October 1, 1980: It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the Minutes of the Adjourned Regular Meeting of October 1, 1980, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland Buchheim and Mayor Hausdorfer NOES: None ABSENT: None Regular Meeting of October 1, 1980: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of October 1, 1980, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Buchheim that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland Buchheim and Mayor Hausdorfer NOES: None ABSENT: None -1- 10/15/80 • • ORAL COMMUNICATIONS 1. EQUESTRIAN COMMISSION (23) Ilse Byrnes, Chairman of the Equestrian Commission, thanked the Council and staff for their cooperation and support of the City Trail Ride to Caspers Park. Mayor Hausdorfer expressed the Council's appreciation for the volunteer efforts which make the annual event possible. PUBLIC HEARINGS 1. PROPOSED AMENDMENT TO PERSONNEL RULES - PROBATIONARY APPOINTMENTS, TIME PERIODS AND EMPLOYEES (66) Written Communications: Report dated October 15, 1980, from David DeBeauvais, advising that the report was not submitted pending further review by the City Manager/Personnel Officer. Continuance of Public Hearin: There being no one wishing togspeak on the matter, and with the concurrence of Council, Mayor Hausdorfer directed that the Public Hearing on proposed amendments to the Personnel Rules be continued to the meeting of November 5, 1980. 2. APPROVAL OF TEMPORARY STREET CLOSURE - CHAMBER OF COMMERCE 10 KM RUN (29) Proposal: Request from the Chamber of Commerce to close the following streets in conjunction with their 10 KM run to be held on Saturday, October 25th, beginning at 8:30 a.m.: San Juan Creek Road from La Novia to its easterly end; La Novia from San Juan Creek Road to Calle Arroyo; and, a portion of Calle Arroyo from La Novia to Sundance Drive. The streets will be closed from 8:00 a.m., to 10:00 a.m. Applicant: San Juan Capistrano Chamber of Commerce. Written Communications: (1) Report dated October 15, 1980, from the Director of Public Works. (2) Letter dated October 15, 1980, from the Chamber of Commerce. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer declared the Hearing open and, there being no response, closed the Public Hearing. Approval of Temporary Street Closure: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, and unanimously carried to approve the closure of streets listed above on Saturday, October 25, from 8:00 a.m., to 10:00 a.m. 3. CONTINUED REVIEW OF CABLE TELEVISION SERVICES PROVIDED BY STORER CABLE TV AND TM COMMUNICATIONS (43) Proposal: This hearing was continued from the meeting of September 17, 1980, in order to allow both cable television companies time to respond to complaints cited at the meeting, and to evaluate existing services and possible alternatives. -2- 10/15/80 M4 Written Communications: Report dated October 15, 1980, from the Assistant City Manager/ Director of Administrative Services, forwarding the cable TV companies' written response to complaints cited on September 17th and submitting the following possible alternatives for providing cable TV service: (1) A City-wide franchise to one operator; (2) A joint powers agency with other jurisdictions; (3) A City -owned and operated system. Public Hearing: Notice of the Hearing having been given, Mayor Hausdorfer opened the Public Hearing and the following persons responded: (1) Lyn Sherwood, 30676 Calle Chueca, representing an ad hoc citizens committee, presented petitions signed by approximately 200 residents urging denial of any rate increases until service is improved and investigation of other cable TV companies and services. (2) Bill Fields, 26551 Briarwood Lane, cited service problems. (3) Bill Hankey, 33771 Via Cascada, urged that cable TV service continue as private enterprise. (4) John Straighter, 32175 Via Barrida, stated that equipment and signal-to-noise ratios need improvement. (5) Audrey Towne, 32371 Alipaz Street, cited difficulties with service and office administration. (6) Renee Collins, Manager, Storer Cable TV, stated the company is committed to providing service, that some equipment is to be replaced in the mobile home park on Alipaz, that additional power supplies could be provided, and suggested formation of a committee to hear complaints. (7) Mike Madigan, Sr., 32831 Camino Capistrano, cited difficulties with calling in complaints. (8) Beverly Blank, Manager, TM Communications, stated the company's willingness to cooperate and attend any citizen meetings. There being no further response, Mayor Hausdorfer declared the Hearing closed. Formation of Ad Hoc Committee: Council concurred that an ad hoc committee be formed with Councilman Schwartze as chairman and the Director of Admin- istrative Services and City Attorney as members; any additional appointments are to be made by the Chairman. The committee charge is as follows: (1) Investigate the City's legal position regarding cable services; (2) Review the current franchise agreements; (3) Report to Council on alternatives available; (4) Review service problems and methods for correction; (5) Encourage better public relations; (6) Report the committee findings within 90 days. -3- 10/15/80 Councilman Friess noted that the companies' admissions of problems is a positive step; Councilman Buchheim suggested that the FCC be requested to make spot inspections and agreed with provision of alternate power supplies; Councilman Bland suggested that a telephone survey be conducted to determine the level of service acceptance. Councilman Schwartze suggested that all materials compiled at this time be forwarded to the two franchisees for reply within a specified period of time; in addition, the companies' long- range future plans are to be submitted to the City. With Council concurrence, Mayor Hausdorfer directed that any public hearings on rate increases are to be deferred, pending receipt of the committee report. 4. APPROVAL OF TENTATIVE PARCEL MAP 10634 - PUEBLO SERRA PLANNED COMMUNITY (85) Councilman Buchheim left the Council Chamber due to his (68) involvement in the project as a property owner. Proposal: Request for approvals of Tentative Parcel Map 10634, to divide 29.8+ acres located southeast of the intersection of Camino Capistrano and Junipero Serra, into 10 parcels; Architectural Control 80-3, a 66,000 -square -foot office complex; and, an amendment to the Comprehensive development plan to modify construction phasing and to delete the shuttle bus service to the development. The planned community includes general retail and professional office uses, a neighborhood convenience area and residential development. Applicant: First Commercial Enterprise, 2801 Barranca Road, Irvine, California 92714. Written Communications: Report dated October 15, 1980, from the Director of Community Planning and Development, forwarding the Planning Commission recommendation of approval with conditions, and an updated supplemental traffic analysis and archaeological survey for inclusion as part of the previously certified EIR and various site and elevation plans. Exhibits were on display, and Tom Tomlinson, Associate Planner, made an oral presentation. Discussion ensued regarding roofing materials, impacts on future transportation modes, and Trabuco Creek crossing point. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following persons responded: (1) Don Hanna, 30161 Branding Iron Road, Project Manager, advised that the applicant would prefer flat tile roofing material for fire safety and longevity purposes; the preliminary engineering study should be limited to ensuring that the proposed intersection is in keeping with future creek corssings. (2) Arthur Lavagnino, 30797 Calle Chueca, suggested that roofing materials be decided by the developer and requested that an additional condition be added to AC 80-3 reducing the size of exposed columns to reflect the scale of Monterey -style buildings. Staff advised that the matter would be addressed during Phase III review. -4- 10/15/80 69 (3) Ron Yorba, 30666 Calle Chueca, representing Casitas Capistrano, cited concerns with drainage and possible erosion of existing boundary fencing. Mr. Hanna advised that drainage controls will be implemented. There being no further response, Mayor Hausdorfer closed the Public Hearing. Approval of Supplemental Traffic and Archaeology Reports: It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried with Councilman Buchheim absent, to find that the supplemental reports on traffic and archaeology adequately address the impacts associated with ultimate develop- ment of the Planned Community; that the documents have been prepared for information purposes and their acceptance should not be construed as either approval or denial of the project; and, that the supplemental reports will be included as a part of the previously certified EIR. Approval of Tentative Tract 10634: It was moved by Councilman Schwartze, seconded by Councilman Bland to adopt the following Resolution as amended: RESOLUTION NO. 80-10-15-1, TENTATIVE TRACT 10634 (PUEBLO SERRA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE TRACT MAP 10634 The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim A new condition 15 was added to the Resolution providing that final alignments for Camino Capistrano and Junipero Serra Road shall be such that there shall be no negative impact on the two historic California Sycamore trees. Approval of Architectural Control 80-3: It was moved by Councilman Schwartze, seconded by Councilman Bland to adopt the following Resolution, as amended: RESOLUTION NO. 80-10-15-2, ARCHITECTURAL CONTROL 80-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING ARCHI- TECTURAL CONTROL 80-3 (PUEBLO SERRA) The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim Condition No. 4 was amended to provide that roof materials shall be wood shingle or tile of a similar appearance; Condition No. 8(b), was corrected to read, lower than the ridge;" Approval of Amendments to Comprehensive Development Plan 75-1: It was moved by Councilman Schwartze, seconded by Councilman Bland to adopt the following Resolution: -5- 10/15/80 70 RESOLUTION NO. 80-10-15-3, AMENDMENT TO PLANNED COMMUNITY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 297 BY CHANGING CONSTRUCTION PHASING AND DELETION OF THE SHUTTLE BUS REQUIREMENTS FOR THE AREA REFERRED TO AS THE PUEBLO SERRA PLANNED COMMUNITY The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim Councilman Buchheim returned to the dais and resumed his duties at 9:00 P.M. 5. GENERAL PLAN AMENDMENT 80-2 (FALKLAM (46) Proposal: A request to amend the Land Use Element to change the designation from 1.1 Very Low and 1.3 Medium Low Density, to 1.3 Medium Low Density over the entire 3.41+ acre parcel located south- west of the intersection of Calle Aspero and Del Obispo Street, west of Del Obispo. The amendment would allow a maximum development potential of 12 units. A focus Environmental Impact Report was prepared for the project. Applicant: Harry Falklam, 32151 Del Obispo Street, San Juan Capistrano. Written Communications: Report dated October 15, 1980, from the Director of Community Planning and Development, forwarding the Planning Commission's recommendation of denial. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing the the following persons responded: (1) Harry Falklam, applicant, stated that 85% of the major trees on the property will not be within the area of development; disputed a statement in the EIR regarding archaeological impact; requested support of the develop- ment proposal. There being no further response, Mayor Hausdorfer closed the Public Hearing. Approval of General Plan Amendment 80-2: It was moved by Councilman Friess, seconded by Councilman Buchheim to approve an Amendment to the Land Use Element, with the condition that all of the existing specimen trees on the property shall be preserved on the site and are identified as a constraint to any future development application, by the adoption of the following Resolution: RESOLUTION NO. 80-10-15-4 - GENERAL PLAN AMENDMENT 80-2 (FALKLAM) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 80-2 (FALKLAM) -6- 10/15/80 71 The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Buchheim and Mayor Hausdorfer NOES: Councilman Bland ABSENT: None ORDINANCES 1. ADOPTION OF ORDINANCE NO. 411 - REZONE 80-2 (FRENCH) (95) Written Communications: Report dated October 15, 1980, from the City Clerk, advising that the Ordinance was regularly introduced on October 1, 1980, and is scheduled for adoption. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Friess, seconded by Councilman Buchheim, that the following Ordinance be adopted: ORDINANCE NO. 411, REZONE 80-2 (FRENCH) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE COMPREHENSIVE DEVELOPMENT PLAN ADOPTED BY ORDINANCE NO. 379, BY AMENDING THE DESCRIPTION AND PERMITTED USES ALLOWED FOR PLANNING SECTOR B TO INCLUDE INDUSTRIAL SERVICE USES The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland Buchheim and Mayor Hausdorfer NOES: None ABSENT: None 1. ABANDONMENT OF PORTION OF CALLE AVIADOR (CAPISTRANO INDUSTRIAL PARK, LTD.) (85) Written Communications: (91) Report dated October 15, 1980, from the Director of Public Works, forwarding a resolution declaring Council's intent to vacate a portion of Calle Aviador in Tract 10564, and setting a public hearing for the Council meeting of November 5, 1980. Adoption of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 80-10-15-5, INTENT TO VACATE PORTION OF CALLE AVIADOR - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF CALLE AVIADOR The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland Buchheim and Mayor Hausdorfer NOES: None ABSENT: None -7- 10/15/80 72 2 ESTABLISHMENT OF ". PARKING DURING SCHOOL HOURS" ZONE - (64) Written Communications: Report dated October 15, 1980, from the Secretary to the Traffic and Transportation Commission, forwarding the Commission's recommendation of approval of the request to post the streets in the Country Hills development as a "No Parking During School Hours" zone, due to the large volume of school traffic through the area during the school year. Adoption of Resolution/Approval of Zone: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 80-10-15-6, PARKING REGULATIONS - COUNTRY HILLS ROAD AND WILDWOOD LANE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING DURING SCHOOL HOURS" AREAS ON BOTH SIDES OF COUNTRY HILLS ROAD AND WILDWOOD LANE The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None The Resolution designates the following streets as the "No Parking" areas: Both sides of Country Hills Road from Via Escolar to the southerly terminus; Both sides of Wildwood Lane from Country Hills Road to the westerly terminus. BIDS, CONTRACTS, AGREEMENTS 1. AWARD OF CONTRACT - TRUNK LINE SEWER RECONSTRUCTION, C T/1TTP TT TTT TTTT Tf TITml TT %niTT1"TT T/l\ (38) Written Communications: (80) Report dated October 15, 1980, from the Director of Public Works, forwarding results of a bid opening held October 9th for the trunkline sewer reconstruction which will replace and increase the size of an existing portion of the City's land outfall sewer to the SERRA Treatment Plant. Award of Contract: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to award the contract for the Trunkline Sewer Reconstruction to Cappello Construction Company, of San Juan Capistrano, in the amount of $155,305, and to reject all other bids. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 2. AWARD OF CONTRACT - CAMINO DEL AVION IMPROVEMENTS, ARTERIAL HIGHWAY FINANCING PROGRAM 1022 (GRIFFITH COMPANY) (38) Written Communications: (44) Report dated October 15, 1980, from the Director of Public (83) Works, forwarding results of a bid opening held October 8th for construction of the Camino del Avion improvements. The County of Orange will participate in funding of the project in the amount of $165,000; City Gas Tax and Drainage Funds will provide local matching funds; and, Torreal Investments, developers of Tract 11086, will provide $150,000 as a condition of development. 10/15/80 73 Award of Contract: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to award the contract for the construction of the Camino del Avion improvements to Griffith Company, of Irvine, in the amount of $497,088.57, and to reject all other bids. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. CONSENT CALENDAR It was moved by Councilman Buchheim and seconded by Councilman Friess 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, Schwartze, Bland Buchheim and Mayor Hausdorfer NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated October 15, 1980, Warrant Register No. 81-042, in the total amount of $223,143.22, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 1980 (41) The City Treasurer's Report of Investments as of September 30, 1980, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF SEPTEMBER 30, 1980 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of September 30, 1980, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF SEPTEMBER 30, 1980 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the period ending September 30, 1980, was approved as submitted. 5. APPROVAL OF FINAL MAP, TRACT 10564 (CAPISTRANO INDUSTRIAL PARK, LTD.) (85) The Final Map for Tract 10564 was approved with the determination that the Map is consistent with the General Plan and in substantial compliance with the approved tentative map, as set forth in the report dated October 15, 1980, from the Director of Public Works. The Mayor and City Clerk were authorized to execute the Subdivision Agreement on behalf of the City; the City Clerk will forward the Agreement to the Orange County Recorder for recordation. 6. APPROVAL OF FINAL MAP, PARCEL 79-862 (SACARAMA LIMITED PARTNERSHIP) (85) Final Parcel Map 79-862 was approved with the determination that the Map is consistent with the General Plan of the City and in substantial compliance with the approved tentative map, as set forth in the report dated October 15, 1980, from the Director of Public Works. -9- 10/15/80 74 ' 7. SETTLEMENT OF INSURANCE CLAIM (TUBB) (35) At the direction of Council on July 16, 1980, to proceed with appraisal of flood damage at 25711 Windjammer Drive, the recommendation of the City's insurance adjuster for a $2,000 settlement of the Claim filed by Jon Tubb was accepted and payment authorized, as set forth in the report dated October 15, 1980, from the Director of Administrative Services. REMOVAL OF TEMPORARY BARRICADE - CALLE SAN REMO/LOS CORRALES TRACT 9373 (85) Pursuant to a request by the Orange County Fire Department, (87) removal of the temporary barricade on Calle San Remo at the boundary of Tract 9373, installed during construction of _ Tract 9373 to divert truck traffic to La Novia, was approved as of November 6, 1980. Signs announcing the removal are to be posted immediately. PHASING AND CERTIFICATES OF USE AND OCCUPANCY TRACT 9578, VIA ESCOLAR (COUNTRY HILLS ESTATES) (85) At the request of Council, this matter was continued for (25) further report on November 5, 1980. RECESS AND RECONVENE The Council recessed at 9:33 p.m., and reconvened at 9:48 p.m. ADMINISTRATIVE ITEMS CITY CLERK 1. THIRD ANNUAL TRAIL RIDE REPORT (23) Written Communications: (36) Report dated October 15, 1980, from the City Clerk/Equestrian Commission Secretary, advising that the Third Annual Trail Ride to Caspers Park, held Sunday, October 5th, had a total of 312 participants, 276 on horseback, representing an increase of 131 participants compared to the 1979 Ride. The Ride grossed $2,408; after payment for food, beverage and I.D. buttons, the net receipts totaled $1,766.67. Monies generated by the Rides are allocated to the Trail Ride Trust Account for acquisition, development and maintenance of equestrian trails in the City; the Account now totals $2,959.67. The report cites services provided by the many volunteers, and donations and gifts for the noontime drawing given by the local merchants. With Council concurrence, Mayor Hausdorfer ordered the report received and filed, with commendations to the staff and Commission for a successful event. CITY ATTORNEY 1. SETTING HEARING DATE - ORDER TO SHOW CAUSE RE REVOCATION OF SECURITY PATROL PERMIT (VIEJO SECURITY) (65) This item was held over from the meeting of October 1, 1980. Written Communications: Report resubmitted October 15, 1980, from the City Attorney, advising of complaints received against the Viejo Security Service as a public nuisance, and recommending proceedings be initiated to revoke Viejo Security's Merchant Patrol License on grounds of non-compliance with the City's Municipal Code and for causing a public nuisance. Hearing Date Set: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to set a hearing date for -10- 10/15/80 75 November 5, 1980, at 7:00 p.m., in the City Council Chamber; to authorize the City Attorney to prepare an Order to. Show Cause Re: Revocation; and, to notify Viejo Security. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. REQUEST FOR AMENDMENT TO RESIDENTIAL ALLOCATION SCHEDULE TRACT 9786 (BLACK MOUNTAIN VILLAS) (85) Written Communications: (28) Report dated October 15, 1980, from the Director of Community Planning and Development, forwarding a request of the Patrick Development Company to transfer the 69 building permits allocated in the 1980 Residential Allocation Schedule to the 1981 RAS; and, to transfer 20 of the 28 permits allocated in the 1981 RAS to the 1982 RAS, due to a delay in the start up of grading in Tract 9786 until the spring of 1981. The report recommends consideration of the request and an indication of Council intention to adjust the 1981 Numerical Limit upward to provide for the requested transfer of allocations from 1980 to 1981. The request complies with Council desire to limit tract grading operations during rainy seasons. Approval of Request: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried that the City Council will increase the 1981 Numerical Limit to accommmodate the RAS transfer of Tract 9786 allocations as requested by the developer, as follows: transfer of 69 permits from 1980 to 1981; and, transfer of 28 permits from 1981 to 1982. 2. INITIATION OF AMENDMENT TO GROWTH MANAGEMENT ORDINANCE (PROVISIONS FOR ALLOCATIONS IN LARGE-SCALE PLANNED COMMUNITIES) (28) Written Communications: (55) Report dated October 15, 1980, from the Director of Community Planning and Development advising that several large development plans are being processed and in order to provide for orderly implementation of major elements such as roads, sewers, and utilities, a comprehensive program is needed. The report recommends initiation of an amendment to the Residential Growth Management program relating to the Planned Community District to provide for the inclusion of separate phasing programs for large-scale planned communities, or, a growth management program within a Planned Community Comprehensive Development Plan. Initiation of Amendment: It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to initiate a proposed amendment to the Residential Growth Management Program as it relates to the Planned Community District. DIRECTOR OF PUBLIC WORKS 1. FIXED ROUTE TRANSIT SYSTEM (88) Written Communications: Report dated October 15, 1980, from the Director of Public Works setting forth City costs to contract with Orange County Transit District for an inter -City fixed route bus system, which would operate from 10:00 a.m., to 6:00 p.m., 7 days per week. The report also advises that OCTD's dial -a -ride system is scheduled to begin operation in July, 1981. Funding of the project would come from a transferrence of monies from the General Plan to the newly established City Transit System Fund; total estimated expense for a 6 -month trial period is $48,727.50. Due to the upcoming County service, it was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to receive and file the report. -11- 10/15/80 ME 2. CONSTRUCTION OF CUL-DE-SAC - WINDSONG DRIVE (SUNHOLLOW HOMEOWNERS ASSOCIATION) (83) Written Communications: (61) Report dated October 15, 1980, from the Director of Public (85) Works, forwarding a letter dated September 30th, from Andrew S. (74) Hollins, Attorney for the Sunhollow Homeowners Association, and a proposed response from the Mayor, regarding construction of a cul-de-sac at the intersection of Windsong Drive and Ortega Highway, in conjunction with Assessment District 78-3 improvements. The Association has expressed concern regarding acquisition of a 3 -foot strip of right-of-way for the cul-de-sac and offered 11 conditions they would like met before agreeing to the construction. The report lists alternatives available, but recommends negotiation of the 11 conditions. John F. Katzmaier, 27575 Brookside Lane, supported the staff recommendation and further requested extension of the sidewalk north and south of the development area. Offer of Settlement: It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to authorize the Mayor to sign a letter to Mr. Katzmaier, President of the Sunhollow Hoemwoenrs Association, offering a negotiated settlement of the questions of right-of-way necessary for construction of the cul-de-sac on Windsong Drive. COMMISSIONS, BOARDS, COMMITTEES AD HOC RECREATION FACILITIES COMMITTEE 1. STATUS REPORT (23) Written Communications: (62) Report dated October 15, 1980, from Mayor Hausdorfer, advising that the Committee's primary effort is the procurement and installation of field lights at Marco Forster Junior High School; that efforts will be directed toward developing a joint use agreement between the City and CUSD to define responsibilities for the lights. There was a concurrence of Council that the report be received and filed. MOBILE HOME PARK REVIEW BOARD 1. PROPOSED AMENDMENTS TO MOBILE HOME ORDINANCES NOS. 380, 386, 393. AND 405 (23) Written Communications: (55) Report dated October 15, 1980, from the City Attorney, forwarding the suggestion of the San Juan Capistrano Mobilehome Council, and subsequent recommendation of the Mobile Home Park Review Board, that space rent increases be limited to the percentage raise in the Consumer Price Index as applied to the operating expenses of a Park; and, the recommendations of Councilman Schwartze and the Board that the designation of the Board be changed to "Committee" and the authority and scope of duties of the Board be amended. The report also forwards a proposed Ordinance which consolidates the Mobile Home Ordinances Nos. 380, 386, 393, and 405, and adds a definition of the "Maximum Allowable Percentage" in space rent increases to be the lessor of the percentage increase of the Consumer Price Index, or 9%. Introduction of Ordinance, as amended: 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 Buchheim that the following Ordinance be introduced: -12- 10/15/80 77 ORDINANCE NO. 412, MOBILE HOME PARK REVIEW COMMITTEE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 9, CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland Buchheim and Mayor Hausdor£er NOES: None ABSENT: None Section 2-2.904(c)l. is amended to read, "to investigate, hold hearings, mediate insofar as possible, and make recom- mendations ." Committee Report: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried that the Committee be directed to submit a report within 60 days with recommendations for rent increase formula methods and whether an outside consultant should be hired at an amount not to exceed $500. There was a concurrence of Council that Pat Kish be requested to continue in a volunteer, consultant capacity. LIBRARY COMMITTEE REPORT 1. ALTERNATIVES FOR ACJACHEMA STREET (23) Written Communications: (52) Report dated October 15, 1980, from Councilman Friess, Chairman of the Committee, advising that during consideration of alternative treatments for Acjachema Street between E1 Camino Real and Camino Capistrano, the Committee determined the link between the Great Stone Church and the library to be very important. Treatment of the street has been included in the requirements for the library design competition; the Committee determined that a decision may be made when a final architectural design is selected on whether the proposal for Acjachema Street is the best for the City's needs. It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried that no action be taken on the treatment of Acjachema Street between Camino Capistrano and El Camino Real until after the architectural competition is over and the winning participant's approach is evaluated. Council concurred on the concept of street usage for emergency and delivery access. REMARKS 1. CAPISTRANO TERRACE MOBILE HOME PARK (25) Councilman Buchheim noted a letter regarding the situation (23) at the Capistrano Terrace Mobile Home Park, and Councilman Schwartze suggested the matter also be reviewed by the Mobile Home Park Review Committee. 2. GENERAL PLAN REVIEW FOR NEWLY -APPOINTED COMMISSIONERS (23) Councilman Bland suggested that staff present an overview of the General Plan for newly -appointed commissioners in an open forum setting. Mayor Hausdorfer asked Mr. Bland and the Director of Community Planning and Development to schedule a presentation date. 3. PUBLIC FACILITIES COMMITTEE (23) Councilman Friess noted the current vacancy on the Committee, and there was concurrence that Councilman Bland would serve. -13- 10/15/80 4. TRAFFIC SIGNAL - ORTEGA PLANNED COMMUNITY (74) The Director of Public Works was requested to contact Caltrans (82) District 7 regarding installation of a traffic signal at the Ortega Highway. 5. TRAFFIC - DEL OBISPO STREET TO ORTEGA HIGHWAY (87) Mayor Hausdorfer suggested that the Director of Public Works request California Highway Patrol assistance with traffic control during peak time periods. 6. LAFCO - SPHERE OF INFLUENCE REVIEW (21) Councilman Schwartze advised that the City's Sphere of Influence — would be reviewed by LAFCO during November or December. 7. MEETING ATTENDANCE (32) Councilman Schwartze advised he would be unable to attend the November 5th Council meeting. 8. TRANSPORTATION - AT&SF RAILWAY (88) Mayor Hausdorfer requested that staff contact the AT&SF Railway regarding requirements for installation of a "shoofly" track. EXECUTIVE SESSION The City Council recessed atll:03 p.m., the City Clerk being excused therefrom, and reconvened at 12:00 o'clock midnight. ADJOURNMENT There being no further business before the Council, the meeting adjourned at 12:02 a.m., Thursday, October 16, 1980, to the next regular meeting date of November 5, 1980, at 7:00 p.m., in the City Council Chamber. ATTF.CT. Respectfully submitted, 1� i. i a� /<< , -14- 10/15/80