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80-1210_CC_Minutes_Adjourned Regular Meeting115 DECEMBER 10, 1980 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 Hausdorfer at 7:07 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Don Ingle, Capistrano Valley Baptist 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; Robert G. Boone, Accounting Officer/Acting 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. MINUTES Regular Meeting of December 3, 1980 It was moved by Councilman Buchheim, seconded by Councilman Friess that the Minutes of the Regular Meeting of December 3, 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 AMENDMENT TO SEPTEMBER 24. 1980 MINUTES It was moved by Councilman Schwartze, seconded by Councilman Buchheim to approve the following Amendment to the September 24, 1980, Minutes for clarification, as requested by the City Clerk: Page 2, last paragraph, first sentence, is amended to read, "In response to Mayor Hausdorfer, the City Manager advised that all of the tax increment funds within the project area would be frozen since those funds..." The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mavor Hausdorfer NOES. None ABSENT: None ANNOUNCEMENT Mayor Hausdorfer extended holiday greetings to the Council, staff, and community and noted his gratitude to the City staff for their assistance and efforts during the past year. -1- 12/10/80 116 MOTION TO READ BY TITLE ONLY It was moved by Council Buchheim, seconded by Councilman Schwartze 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 ORAL COMMUNICATIONS 1. SISTER CITIES COMMITTEE - CERTIFICATE OF MEMBERSHIP (23) Janet Boucher, 27361 Ortega Highway, representing the Committee, presented a Certificate of Membership from Sister Cities International, as well as charters to be forwarded to the Cities of Goya, Argentina, and Petra, Mallorca. Mrs. Boucher advised that letters were being prepared for the Mayor's signature. 2. CHAMBER OF COMMERCE - CITY BUSINESS DIRECTORY (29) Doris Lindsey, Manager of the Chamber of Commerce, presented copies of the first edition of the Chamber's City Business Directory to Council and Staff. Council commended the Chamber for their efforts in compiling the Directory. 3. C. RUSSELL COOK PARK PROPERTY ACQUISITION (62) Pauline Leonard, representing the Parks and Recreation Commission, noted that the proposed land acquisition appearing on the Agenda was an integral part of development of the C. Russell Cook Park Master Plan. WRITTEN COMMUNICATIONS 1. REQUEST TO UPGRADE EXISTING LOCATED AT (25) Letter dated November 10, 1980, from Stephen P. Scibelli (76) requesting permission to upgrade the existing business located at 31766-68 Camino Capistrano. Councilman Friess advised that a meeting with area property owners is scheduled for December 17th at Brentwood Savings to discuss the Downtown Master Plan; a report will be submitted to Council at the first meeting in January. With Council concurrence, Mayor Hausdorfer referred Mr. Scibelli's letter to Councilman Friess. _ 2. REQUEST FOR CONSIDERATION OF ADDITIONAL GOLF COURSE (61) Letter dated December 4, 1980, from the Woman's Club of San Juan Capistrano requesting consideration of an additional golf course utilizing the old Forster Canyon landfill site. Mary Ann Porter, Club President had advised that the letter was forwarded by the Golf Committee, rather than the Board of Directors. With Council concurrence, Mayor Hausdorfer received and filed the request for future consideration. -2- 12/10/80 117 PUBLIC HEARINGS 1. AMENDMENT TO TITLE 8 OF THE MUNICIPAI, CODE - ADOPTION OF 1979 EDITIONS OF THE UNIFORM BUILDING CODES (25) Proposal: (55) Adoption of the 1979 ditions of the Uniform Building Codes. Written Communications: Report dated December 10, 1980, from the Director of Public Works forwarding the enacting Ordinance as an urgency matter. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing; and, there being no response, declared the Hearing closed. Adoption of Ordinance 414: 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 Schwartze, seconded by Councilman Buchheim, that the following Ordinance be adopted: ORDINANCE NO. 414 - AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE (BUILDING REGULATIONS) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 8 OF THE MUNICIPAL CODE SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM BUILDING CODES, 1979 EDITIONS, AND ADOPTING CERTAIN UNIFORM BUILDING CODES, 1979 EDITIONS, TOGETHER WITH CERTAIN AMENDMENTS, APPENDICES AND STANDARDS THERETO, AND DELETING THE 1976 EDITIONS OF THESE SAME UNIFORM BUILDING CODES (URGENCY) The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None The City Clerk is directed Ordinance 414 to the State Community Development. ORDINANCES to forward a Certified copy of Department of Housing and 1. AMENDMENTS TO TITLE 9 OF THE MUNICIPAL CODE - ADOPTION OF ORDINANCE NO. 413 (55) Written Communications: Report dated December 10, 1980, from the City Clerk, advising that the Ordinance was regularly introduced at the Council meeting of December 3, 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 Buchheim, seconded by Councilman Schwartze that the following Ordinance be adopted: -3- 12/10/80 �e ORDINANCE NO. 413, CODE AMENDMENT 80-3 - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 9 OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None RESOLUTIONS 1. ACCEPTANCE OF PROPERTY TAX REVENUE EXCHANGE (MOGAN ANNEXATION) (21) Written Communications: (86) Report dated December 10, 1980, from the Assistant City Manager/Director of Administrative Services advising that Council approved the Master Property Tax Agreement for the Mogan Annexation pursuant to Section 99 (B) of the State Revenue and Taxation Code at their meeting of December 3, 1980. The report further states that to complete the exchange of revenues as a result of the Mogan Annexation, it is necessary for the City to adopt the Resolution of Acceptance. Resolution of Acceptance: It was moved by Councilman Schwartze, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 80-12-10-1, ACCEPTANCE OF PROPERTY TAX REVENUE EXCHANGE - MOGAN ANNEXATION - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE EXCHANGE OF PROPERTY TAX REVENUES AS A RESULT OF THE MOGAN ANNEXATION PURSUANT TO SECTION 99 (B) OF THE CALIFORNIA REVENUE AND TAXATION CODE The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. PARK PROPERTY ACQUISITION - C. RUSSELL COOK PARK/ ORTEGA PROPERTIES (GLENDALE FEDERAL SAVINGS AND LOAN) (38) Written Communications: (62) Report dated December 3, 1980, from the Director of Recreation advising that Glendale Federal Savings and Loan has offered the City the opportunity to purchase their property on La Novia, located at the northwest corner of the bridge crossing San Juan Creek. The asking price is $20,000 for approximately 0.81 acres. The report further states that this item was taken to the Parks and Recreation Commission at their meeting of November 17, 1980, and the purchase of the property was unanimously recommended for use as a multi- purpose field. SM 12/10/80 119 Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to authorize the City Manager to execute the necessary document to accept the offer of Glendale Federal Savings and Loan to purchase the subject 0.81 acre parcel, and authorize the expenditure of $20,000 from the Parks and Recreation Fund to be used for the purchase of the property. Mayor Hausdorfer expressed Council appreciation to Glendale Federal and to staff for their efforts. 2. AGREEMENT TO PARTICIPATE IN ENGINEERING STUDY - STONEHILL DRIVE EXTENSION (COUNTY OF ORANGE) (38) Written Communications: (44) Report dated December 10, 1980, from the Director of Public (56) Works forwarding an Agreement with the County of Orange for the planning and design of Stonehill Drive between Del Obispo Street and Camino Capistrano. Approval of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to approve the Agreement with the County of Orange; staff was authorized to appropriate $13,000 from the Systems Development Tax Fund. The Capital Improvement Budget is to be amended to include the project. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. 3. LEASE OF CITY PROPERTY FOR BOARDING S (23) Written Communications: (38) Report dated December 10, 1980, from the City Clerk recommending that the Second Addendum to the lease between the City and Wagon Wheel Stables be approved. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to approve the Second Addendum to the Lease Agreement extending the period of the lease from January 2, 1981, to January 2, 1982. The Mayor and City Clerk were authorized to execute the Addendum to Lease Agreement on behalf of the City. Council noted that equestrian use in the area of Calle Arroyo and Avenida Siega would be discussed further during review of the Cook Park Master Plan. 4. AMENDMENT TO AGREEMENT TO PARTICIPATE IN CAMINO DEL AVION IMPROVEMENTS, TRACT 11086 (TOREAL INVESTMENTS, INC.) (38) Written Communications: (44) Report dated December 10, 1980, from the Director of Public (83) Works requesting an Amendment to Exhibit A in an Agreement (85) between the City and Toreal Investments, Inc. The developer has requested that the City participate equally in the cost of storm drain improvements. Staff also requests a reduction in the amount of engineering participation since the developer participated in the engineering design for street and storm drain improvements. Approval of Amendment: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to approve the Amendment to Exhibit A in the Agreement between the City and Toreal Investments, Inc., to increase City participation in storm drain improvements by $6,000; and to reduce the developer's share of engineering costs, for a new cost to the developer of Tract 11086 of $98,584. -5- 12/10/80 5. APPROVAL OF FINAL PROJECT AGREEMENT FOR MULTI -MODAL TERMINAL (STATE OF CALIFORNIA) (38) Written Communications: (88) Report dated December 10, 1980, from Pamela Hallan, Administrative Assistant, forwarding the Final Project Agreement for Multi -Modal Terminal between the City and the State of California. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 80-12-10-2, APPROVAL OF FINAL PROJECT AGREEMENT - MULTI -MODAL ' EFCN1NAL - A AhbULU'1'r ULN Ur lnr, �.ilr �vui�.iL OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE FINAL PROJECT AGREEMENT FOR THE MULTI- MODAL TERMINAL The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None 6. APPROVAL OF PROJECT FOR SB620 FUNDS FOR VAN (41) Written Communications: (62) Report dated December 10, 1980, from Pamela Hallan, Administrative Assistant, forwarding the Agreement between the City and the State of California for Senate Bill 620 Discretionary Fund for Special Public Transportation Needs, Fiscal Year 1979-80. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to approve the Agreement for a grant of $15,000. Staff was directed to advise the State why the van had been previously purchased. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. CONSENT CALENDAR It was moved by Friess that the following items carried by the AYES: NOES: Councilman Schwartze, staff recommendations listed on the Consent following vote: seconded by Councilman be accepted for the Calendar. The motion Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated December Register No. 81-062, in the total was approved as submitted. S. 10, 1980, Warrant amount of $624,375.24, 12/10/80 121 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF NOVEMBER 30, 1980 (41) The City Treasurer's Report of Investments as of November 30, 1980, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF NOVEMBER 30, 1980 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of November 30, 1980, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF NOVEMBER 30, 1980 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the period ending November 30, 1980, will be scheduled for approval on January 6, 1981. 5. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT, VALLE ROAD SEWER, PHASE I (MALLOY, INC.) (38) The following Resolution was adopted: (80) RESOLUTION NO. 80-12-10-3 - COMPLETION OF VALLE ROAD SEWER, PHASE I - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE VALLE ROAD SEWER, PHASE I 6. AWARD OF CONTRACT - VILLA CLARA STORM DRAIN EXTENSION (38) The low bid was accepted from Cappello Construction Company (80) of San Juan Capistrano, in the amount of $12,300 for the Villa Clara Storm Drain Extension; and, a transfer of funds from the contingency reserve to the General Fund was authorized. The project is an emergency measure to prevent silt buildup. 7. AWARD OF CONTRACT - AGRICULTURAL FENCING (BATHGATE) (38) The low bid was accepted from Armor Fence Company of San (68) Juan Capistrano, in the amount of $15,663, for agricultural fencing along Camino Capistrano near Junipero Serra Road. Expenditure of funds was authorized from the Agricultural Preservation Fund, for the purpose of protecting crops from .trespass. 8. HEARING DATE FOR APPEAL OF ZONE VARINCE 80-19, SAN JUAN PLAZA NORTH ENTRY SIGN (WINEBRIGHT) (92) A Public Hearing was set for January 6, 1981, on the appeal submitted by Chester M. Winebright, of the decision made by the Planning Commission on November 25, 1980, in connection with the north entry sign for San Juan Plaza, as set forth in the report dated December 10, 1980, from the City Clerk. APPROVAL OF FINAL TRACT MAP 9786, SAN JUAN CREEK ROAD (PATRICK DEVELOPMENT) (38) Written Communications: (85) Report dated December 10, 1980, from the Director of Public Works advising that all Planning Commission conditions of approval have been met, all required fees paid, and that the Map is in conformance with Article 2, Chapter 2, of the Subdivision Map Act. -7- 12/10/80 122 Dennis Haehn, member of the Traffic and Transportation Commission, requested consideration of widening and extension of Via Andorra through San Juan Terrace to the Black Mountain Villas development for access purposes. Tim Kruer, developer, advised that Lot B is shown on the Map for dedication to the City; that an access road will be constructed through the rear portion of the Black Mountain tract; and, that Via Andorra will be open as a pedestrian access to Four Oaks Park. Council advised that options were not available to amend the Map. Approval of Final Map: It was moved by Councilman Schwartze, seconded by Councilman Buchheim to approve the Final Map for Tract 9786 with the determination that the Map is consistent with the General Plan and in substantial compliance with the approved tentative map. The Mayor and City Clerk were authorized to execute the Subdivision Agreement on behalf of the City; and, recordation of the Agreement was authorized. The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Buchheim and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Bland ABSENT: None ADMINISTRATIVE ITEMS CITY CLERK 1. STATUTORY AMENDMENTS TO THE RALPH M. BROWN ACT EFFECTIVE JANUARY 1, 1981 (51) Written Communications: (31) Report dated December 10, 1980, from the City Clerk outlining the effects on the City organization of changes to the Ralph M. Brown Act, effective January 1, 1981, referring mainly to Executive Sessions and Public Records. The report was ordered received and filed. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. GRADING PLAN, SINGLE-FAMILY HOME - EASTERN CITY LIMITS/ SOUTH OF TRABUCO ROAD (VANGALIS) (25) Written Communications: (68) Report dated December 10, 1980, from the Director of Community Planning and Development forwarding a grading plan and current proposal to build a single -story home on the property. Staff found the project to be exempt from the Hillside Management District Overlay and the Development Guidelines for Hillside Custom Homes. The project is in compliance with the development standards of the Land Use Code. Applicant: Dan Vangalis P. O. Box 849 San Juan Capistrano W -M 12/10/80 123 Approval of Grading Plan: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to approve the release of the Vangalis grading plan for plan check to the Building and Safety Division subject to the following conditions: 1. The maximum building height for the house shall be 18 feet. 2. The house location shall be moved 20 feet to the southwest. 3. A landscape plan shall be prepared for the entire building site. Additional action was taken later in the meeting. DIRECTOR OF PUBLIC WORKS 1. APPROVAL OF PROPOSED SERRA TREATMENT PLANT SLUDGE PROCESSING STUDY (79) Written Communications: Report dated December 10, 1980, from the Director of Public Works requesting approval to continue the SERRA Sludge Processing Study. It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to approve the continuance of the study by SERRA staff to determine all feasible sludge handling alternatives and authorize the City's SERRA representative to support a six-month extension to the Golden West Fertilizer Company agreement. 2. STATUS OF FINAL MAP, TENTATIVE TRACT 9784, CAMINO LAS RAMBLAS (MISBIN (85) Written Communications: Report dated December 10, 1980, from the Director of Public Works forwarding correspondence from the developer outlining the conditions and time frames within which they could process the final map for approval. Jere McDonald, 15815 Rio Florida, Whittier, President, Longbar Grinding, Inc., advised that a verbal agreement had been reached with the Meredith Canyon Homeowners Association and that the following documents had been delivered to the City this date: a. Grant Deed conditioned upon City approval of Final Map and deposit of required fees prior to recordation of the Deed. b. Agreement to enter the Meredith Canyon property. Mr. McDonald stated that the bonds have not been posted and requested that Council approve the Final Map with posting of the necessary surety to be approved by the Director of Public Works. Conditional Approval of Final Map: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to approve the Final Map for Tentative Tract 9784 subject to the satisfaction of all outstanding requirements as contained in City Council Resolution No. 78-6-21-1 and specifically Condition 16(e), Acquisition of Right -of -Way to the extension of Calle Miramar, and Condition 26, Payment of Fees and Posting of Surety. -9- 12/10/80 124 ' COUNCIL REMARKS 1. IN APPRECIATION (36) Councilman Buchheim expressed appreciation to staff and Council for their efforts on behalf of the City during the past year. 2. TRAFFIC - I-5 FREEWAY/ORTEGA HIGHWAY (87) Councilman Bland cited a memorandum dated September 4, 1980, from the Traffic Engineer advising that CalTrans will complete a feasibility study of the I-5 Freeway/Ortega Highway area in February. Mr. Bland suggested that consideration be given to dual left turn lanes from the Ortega Highway onto the northbound on-ramp. 3. DISTRIBUTION OF WATER -SAVING DEVICES - (94) Councilman Bland cited an excerpt from the October 22nd meeting of the Municipal Water District of Orange County regarding Senate Bill 201 relating to the acquisition and distribution of household water conservation devices and instructional material via school children in grades K through 8. Council requested that the City Manager clarify the proposed distribution process due to the number of residents who would not receive the devices if distributed in this manner. 4. NEIGHBORHOOD WATCH PROGRAM - COMMENDATION (70) Councilman Friess commended Sheriff's Captain Dennis La Ducer for the extent of the Neighborhood Watch Program. 5. LA NOVIA BRIDGE BIKE TRAIL (62) Councilman Friess noted that during recent construction the bike trail in the vicinity of the La Novia Bridge had been obliterated. Council concurred that the trail should be replaced and the area cleaned. It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried that the Director of Public Works be authorized to proceed with implementation of a bike trail fence in an amount not to exceed $3,000. The fence is for the purpose of protecting bike riders on the bridge sidewalk and would be placed adjacent to the curb at the same height as the bridge rail. 6. SPHERE OF INFLUENCE - LOCAL AGENCY FORMATION COMMISSION (21) Councilman Schwartze advised that both the City and Waterworks District Spheres of Influence will be considered by LAFCO during February 1981. Mr. Schwartze recommended that both the City Council and Water Board prepare staff reports and that elected representatives attend the LAFCO meetings. 7. AD HOC CABLE TELEVISION COMMITTEE (23) Councilman Schwartze noted that Storer Cable Television was out of service on December 9th. -10- 12/10/80 125 CHANGE OF COUNCIL MEETING DAY (32) Mayor Hausdorfer requested consideration of a Resolution changing the days of City Council meetings from the first and third Wednesday of each month to the first and third Tuesday of each month, effective January 6, 1981. It was moved by Councilman Schwartze, seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 80-12-10-4, ESTABLISHING TIME AND PLACE OF CITY COUNCIL MEETINGS - FIRST AND THIRD TUESDAYS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FIXING THE TIME AND PLACE FOR ITS MEETINGS The motion carried by the following vote AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None POLICYONCONTINUANCE OF PUBLIC HEARINGS BY COMMISSIONS AND BOARDS (69) Mayor Hausdorfer cited a memorandum dated December 10, (23) 1980, from the Assistant to the City Manager. Approval of Amendment to Council Policv Statement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to add a second paragraph to the Council Policy Statement on continuances, the policy statement to read as follows: "It is a policy of the City Council that Commissions and Boards shall be prepared to promptly deal with all matters that come before them for consideration. No item shall be continued more than once before it is forwarded to the City Council for their consideration with a recommendation for approval or denial. If a Commission or Board has not had adequate time or has not had sufficient information to come to a decision on an issue after one continuance, the Commission or Board shall forward the matter to the City Council nonetheless. The Council will then make the final determination based on the information available. Furthermore, all public hearings are noticed as required by law, and therefore, public hearings held by Commissions and Boards shall not be continued simply because of poor attendance or lack of public input at a noticed hearing." Council noted that the above is a policy only and would not necessarily apply to instances of special circumstances. 10. RESIGNATION OF PLANNING COMMISSIONER (MICHAEL (23) Mayor Hausdorfer cited a letter from Michael W. Berns submitting his resignation from the Planning Commission, effective December 6, 1980. -11- 12/10/80 Acceptance of Resignation: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to accept the resignation with regret. Staff was directed to prepare a Resolution of Commendation for submittal at the next Council meeting, to advertise the Commission opening, and to post appropriate vacancy notices. ADDITIONAL ACTION 1. GRADING PLAN, SINGLE-FAMILY HOME - EASTERN CITY LIMITS/ SOUTH OF TRABUCO ROAD (VANGALIS) (25) Dan Vangalis, applicant, addressed the Council to request (68) further consideration of the conditions of grading plan approval, specifically the building height limit of 18 feet. Mr. Vangalis proposed that the corner of the building pad visable from the valley and Village San Juan be lowered an additional 2 feet, that the berm be raised 2 feet, and that a landscaping plan be submitted prior to construction to indicate the effects of the landscape screening. Amendment ofApproval of Grading Plan: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to amend the approval of the Vangalis Grading Plan to include the stipulations of the applicant in relation to landscaping, lowering of the building pad and additional height of the berm; further, that the building height of 24 feet be allowed. 2. MULTI -MODAL TRANSPORTATION PROJECT - CONCEPT PLAN HUSBY DIMAIO (88) The City Manager advised a meeting had been held with the proponents of the commercial building to be constructed over the parking area of the proposed Multi -Modal Transportation Terminal. Certain misunderstandings had arisen relating to the number of parking spaces in and outside of the project area and the amount of allowable square footage of commercial floor space indicated in the concept plan. Council concurred that the matter be scheduled for the City Council meeting of January 6, 1981, for a report from staff. EXECUTIVE SESSION The Council recessed to Executive Session for discussion of legal and personnel matters at 8:25 P.M., the City Clerk being excused therefrom, and reconvened at 9:15 P.M. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:15 P.M., to the next regular meeting date of Wednesday, December 17, 1980, at 7:00 P.M., in the City Council Chamber. ATTEST: Respectfully submitted, MARY ANN ANOVER, CITY CLERK