81-0217_CC_Minutes_Regular MeetingFEBRUARY 17, 1981
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 pro tem
Schwartze at 7:08 P.M., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was
given by Councilman Kenneth E. Friess, who noted the recent
passing of Marguerite O'Neill, a descendant of the settlers
of Orange County.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: Gary L. Hausdorfer, Mayor
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.
MINUTES
Regular Meeting of February 3, 1981:
It was moved by Councilman Buchheim, seconded by Councilman Bland
that the Minutes of the Regular Meeting of February 3, 1981, be
approved with the following amendments: (1) C. Russell Cook Park:
Page 4, first paragraph, Line 9, delete the words "at any time
in the future,"and Line 14, delete the words "all of;" and (2)
Junipero Serra Road Alignment: Page 10, fourth paragraph of
Item 3, Line 3, amend to read "Alignment Nos. 5, 6, and 7 as
alternatives." The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor pro tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Bland
that all Ordinances be read by title only. The motion carried
by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor pro tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
PRESENTATIONS AND COMMENDATIONS
1. VOLUNTEER AWARD (PARKS AND RECREATION COMMISSIONER LEONARD
(36) Mayor pro tem Schwartze presented the 1980 California Parks
(62) and Recreation Society Volunteer Award to Parks and
Recreation Commissioner Pauline Leonard and commended
her efforts in the field of recreation. Mrs. Leonard
expressed appreciation to the City for endorsing citizen
participation in community affairs.
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2. MUNICIPAL FINANCE OFFICERS CERTIFICATE (ADMINISTRATIVE
SERVICES)
(36) Mayor pro tem Schwartze presented a Certificate received
(41) by the Department of Administrative Services from the
California Society of Municipal Finance Officers Association
for compilation of financial reporting procedures. The
Certificate was accepted by the Director of Administrative
Services.
3. COMMENDATION (DEPUTY CITY CLERK JOHNSON)
(31) Written Communications:
(36) Report dated February 17, 1981, from the City Clerk
forwarding a Resolution commending Cheryl A. Johnson
for her service to the City from September, 1975, until
her resignation on February 11, 1981. Mayor pro tem
Schwartze read the Resolution in full; and, it was moved
by Councilman Friess, seconded by Councilman Bland that
the following Resolution be adopted:
RESOLUTION NO. 81-2-17-1, COMMENDING CHERYL A.
JOHNSON - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
COMMENDING CHERYL A. JOHNSON, DEPUTY CITY CLERK.
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim and
Mayor pro tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
ORAL COMMUNICATIONS
1. CAMINO DEL AVION STREET IMPROVEMENTS/AGRICULTURE
PRESERVATION
(68) Shigeru Kinoshita addressed the Council regarding the
(83) completion date for the street and storm drain improvements
and protective fencing adjacent to the agricultural
property on Camino del Avion. With Council concurrence,
Mayor pro tem Schwartze requested that the Director of
Public Works provide a written report on the project status
to Mr. Kinoshita and the City Council.
2. AGRICULTURE PRESERVATION COMMITTEE STATUS REPORT
(23) Randy Williams, 29931 Camino Capistrano, presented a letter
(68) dated February 17, 1981, on behalf of Charles R. Williams,
owner of a 26 -acre citrus grove, providing additional _
information on the status of the citrus industry for
inclusion in the Agriculture Preservation Status Report
listed later on the Agenda.
Bill Bathgate, 29643 Camino Capistrano, noted Council
intent to continue consideration of the Agriculture
Preservation Report to a later date and was advised that
the matter would be scheduled for the meeting of March 3.
PUBLIC HEARINGS
1. PROPOSED FORMATION OF GEOLOGIC HAZARD ABA
Written Communications:
(1) Report dated February 17, 1981, from the Director of
Public Works setting forth conditions for formation
of a Geological Hazard Abatement District and concerns
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of property owners within the boundaries of the
proposed district. The intent of district formation
is to repair and protect slopes.
(2) Letter dated February 10, 1981, from John D. Conley,
President, Meredith Canyon Community Association, in
support of district formation.
(3) Memorandum dated February 17, 1981, from the City
Clerk advising that prior to the Public Hearing a
total of 38 property owners had filed written
objections to the proposed district formation; 21 .of
the 38 owners had also filed objections to inclusion
if a district were formed. The assessed valuation
of the objecting properties had not been determined
as of the time of the Hearing.
Public Hearing:
Notice having been given pursuant to Division 17 of the
California Public Resources Code, Mayor pro tem Schwartze
opened the Public Hearing and the following persons
responded in support of district formation:
(1) John Conley, President, Meredith Canyon Community
Association;
(2) Dan E. Partin, 33441 Via de Agua;
(3) Jim Fischer, 33601 Via de Agua.
The following persons responded in opposition to district
formation; the majority requested exclusion if a district
is formed:
(1) Virginia Peters, Calle Esperanza, submitted a written
objection to inclusion within the district;
(2) Jim Lee, 26962 Via Mirada;
(3) John Tinori, 33641 Calle Miramar;
(4) Richard Sherman, 26901 Via La Mirada;
(5) Mike Solay, 33501 Calle Miramar;
(6) Jeri Kaufman, 27001 Calle Don Carlos, filed a
written objection on behalf of 8 property owners;
(7) Robert J. Oakes, 26832 Via La Mirada.
There being no further response, Mayor pro tem Schwartze
declared the Hearing closed with the right to re -open at
any time.
Continuation of Public Hearing:
It was moved by Councilman Bland, seconded by Councilman
Buchheim and unanimously carried that the Public Hearing
be re -opened and continued to the meeting of March 17
at 7:00 P.M. in the City Council Chamber. Staff was
directed to prepare a comprehensive report including a
compilation of the information received to date citing
legal, financial, engineering, staffing and administrative
concerns, consideration of a sunset clause for district
termination, whether a district should be formed, the
consequences if no action were taken and the resultant
alternatives available to the property owners, and the
makeup of a Board of Directors if a district were formed.
Staff was directed to forward all reports to the Community
Association.
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172
RECESS AND RECONVENE
The Council recessed at 8:50 P.M. and reconvened at 8:55 P.M.
PUBLIC HEARINGS CONTINUED
2. REZONE 80-3, FORSTER CANYON PLANNED COMMUNITY
(AROSA DEVELOPMENT AND MANAGEMENT)
(95) Proposal:
A request for a rezone from GM (Growth Management) to
PC (Planned Community) for approximately 442 acres of
land located east of Interstate 5 in the general area
between San Juan Creek Road and Camino Las Ramblas;
and, certification of the draft Environmental Impact
Report.
Applicant:
Arosa Development and Management, Inc., 2915-C Red Hill
Avenue, Suite 106, Costa Mesa 92627.
Written Communications:
(1) Report dated February 17, 1981, from the Director
of Community Planning and Development.
(2) Letter dated February 9, 1981, signed by seven
property owners of the Meredith Canyon area citing
the following concerns with the proposed development
of Window Hill and Forster Canyon: Geological hazard,
traffic patterns and neighborhood tranquility,
ridgeline alteration, and density.
(3) Letter dated February 13, 1981, from the State
Department of Education citing concerns with the
location of a potential school site on or near the
Forster Canyon Landfill due to possible methane
gas seepage.
Exhibits were on display, and Tom Tomlinson, Senior
Planner, made an oral presentation of the proposed
development.
Public Hearing:
Notice having been given as required by law, Mayor pro tem
Schwartze opened the Public Hearing and the following
persons responded:
(1) Frank Hughes, representing the applicant, supported
the proposal;
(2) Dan Partin, 33441 Via de Agua, cited concerns with
traffic circulation at San Juan Creek Road and
Valle Road;
(3) Jim Lee, 26962 Via La Mirada, cited concerns with
the water system serving the Meredith Canyon area.
The Director of Community Planning and Development advised
that the roadways and the water system would be improved
by the project. The Hearing was then closed.
Council Discussion:
Council discussed the following items: location of a
parksite; lack of a statement in the goals regarding
equestrian uses; ridgelines; grading concepts for
Window Hill; affordable housing. Mr. Friess suggested
a policy position that the north -facing slope of Window
Hill be included in the landform control district due to
the natural state of the slope, noting that the south -
facing slope had previously been extensively graded.
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173
The Director of Community Planning and Development noted
that the report was written with the understanding that
Window Hill was an altered ridgeline and therefore
not designated. Mr. Bland suggested that nuisance factors
be addressed with conditions for strict dust control and
hours of operation and equipment loading in order to
alleviate disturbances to the existing lifestyle.
Certification of draft Environmental Impact Report:
It was moved by Councilman Friess, seconded by
Councilman Buchheim and unanimously carried to certify
the draft Environmental Impact Report as adequate
noting that said certification is not to be construed
as either approval or denial of the project nor as
agreement with all of the information presented in the
document.
Approval of Rezone 80-3/Introduction of Ordinance No. 418:
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 with
inclusion of the following items: (1) equestrian uses
are to be included in the goals; and (2) the north -facing
slope of Window Hill is to be included in the landform
control district with guidelines for preservation.
ORDINANCE NO. 418, REZONE 80 -
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 398
BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NOS.
124-110-1, 3, 16, 49, 51 AND 63, 124-120-4, 25,
AND 675-081-4, 10, 11 AND PORTIONS OF 675-081-13
FROM GM (GROWTH MANAGEMENT) TO PC (PLANNED COMMUNITY)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor pro tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
APPROVAL OF RESIDENTIAL ALLOCATION SCHEDULE - ISSUANCE
OF BUILDING PERMITS FOR RESIDENTIAL PROJECTS, 1981-84
(28) Written Communications:
(85) Report dated February 17, 1981, from the Director of
Community Planning and Development forwarding a proposed
Resolution establishing a Residential Allocation Schedule,
pursuant to Title 9, Chapter 7, of the Municipal Code.
The Resolution sets the numbers of building permits to be
issued for residential developments for the years 1981
through 1984.
Public Hearing:
Notice having been given as required by law, Mayor pro tem
Schwartze opened the Public Hearing; and, there being no
response, declared the Hearing closed.
Approval of Resolution:
It was moved by Councilman Buchheim, seconded by
Councilman Friess that the following Resolution be
adopted:
RESOLUTION NO. 81-2-17-2, RESIDENTIAL ALLOCATION
SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
A RESIDENTIAL ALLOCATION SCHEDULE FOR THE YEARS
1981, 1982, 1983, AND 1984 IN ACCORDANCE WITH
SECTION 9-7.09 AND 9-7.10 OF THE MUNICIPAL CODE.
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174
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor pro tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
4. CONSIDERATION OF PROPOSED AMENDMENTS TO THE CITY'S
CLASSIFICATION AND SALARY PLANS, RESOLUTION NO. 72-1-19-1
(66) Written Communications:
Report dated February 17, 1981, from the Administrative
Assistant to the City Manager forwarding a proposed
resolution to amend the City's Classification and Salary
Plans, Resolution No. 72-1-19-1.
Public Hearing:
Notice having been given as required by law, Mayor pro
tem Schwartze opened the Public Hearing; and, there
being no response, declared the Hearing closed.
Adoption of Resolution:
In response to Councilman Buchheim, the City Manager
clarified, with regard to the position specifications
for Administrative Aides, Administrative Assistants and
Assistant to the City Manager, that the attainment of a
Master's Degree is a desirable qualification only and would
not preclude employment of persons not holding such degrees.
It was moved by Councilman Friess and seconded by
Councilman Bland that the following Resolution be adopted:
RESOLUTION NO. 81-2-17-3
CITY'
HnD bHL nl Y A.I - A Ar..7ULU'1'1U1V Ur 1'nr, 1.111 I:UULVCIL U
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 72-1-19-1, THE CITY'S CLASSIFICATION
AND SALARY PLANS.
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim and
Mayor pro tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
5. PROPOSED CAPITAL PROJECT PRIORITIES FOR THE 1980 -
FISCAL YEAR (Continued to Later Date)
(24) Written Communication:
Report dated February 17, 1981, from the City Manager
requesting that the proposed Capital Project Priorities
be reviewed in conjunction with the presentation of the
1981-86 Five Year Budget.
Public Hearing:
Notice having been given as required, Mayor pro tem
Schwartze opened the Public Hearing. There being no
response, and with Council concurrence, the Hearing
was continued for consideration during deliberations
on the 1981-86 fiscal budget.
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175
ORDINANCES
1. ADDITION OF CHAPTER 15 TO TITLE 5 OF THE MUNICIPAL
CODE - REGULATING SECOND HAND DEALERS AND PAWN SHOPS
(26) Written Communications:
(55) Report dated February 17, 1981, from the City Attorney,
forwarding a proposed ordinance to require licenses,
reports, and retention of articles by coin -currency
dealers and secondhand dealers, as requested by the
Orange County Sheriff. Detective Tom Garner
addressed the Council in support of Ordinance 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 and seconded by Councilman Friess
that the following ordinance be adopted:
ORDINANCE NO. 417, SECOND HAND DEALERS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 5 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE TO REGULATE SECOND
HAND DEALERS, PAWNBROKERS, JUNK DEALERS AND
COLLECTORS, AND COIN -CURRENCY DEALERS. (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim and
Mayor pro tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
As an urgency measure, the Ordinance took effect upon
adoption.
2. PROPOSED ORDINANCE REGULATING PARKING - COMMERCIAL
TRUCKS AND TRAILERS
(63) Written Communications:
(64) Report dated February 17, 1981, from the Secretary of
Traffic and Transportation Commission requesting that
the City Council determine there are sufficient regula-
tions to adequately enforce the parking of commercial
vehicles within Section 4-6.317 of the Municipal Code
which prohibits the parking of commercial vehicles for
more than one hour on any street in the City.
Request for Enforcement:
Council requested that the existing Code section be
enforced, and it was moved by Councilman Buchheim,
seconded by Councilman Friess and unanimously carried
that no action be taken to adopt additional regulations
at this time.
RESOLUTIONS
1. ANNEXATION - TRACT 10593, PEPPER TREE BEND (BEAR BRAND
(21) Written Communications:
(55) Report dated February 17, 1981, from the Director of
(85) Community Planning and Development forwarding a proposed
Resolution approving the annexation of Pepper Tree Bend,
Tract 10593, into the City of San Juan Capistrano.
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The area of annexation consists of approximately 62 acres
of uninhabited land adjacent to the west City limits and
extending from Paseo de la Paz to Via Estelita. All City,
Council, and State conditions have been satisfied, and the
Local Agency Formation Commission approved the proposed
annexation on January 28, 1981. In response to
Councilman Bland, the Director of Community Planning and
Development advised that road connections could not be
made through to County territory beyond the annexation
area of Bear Brand Ranch without Citypermits.
Adoption of Resolution:
It was moved by Councilman Friess and seconded by
Councilman Buchheim that the following Resolution be
adopted; the motion carried with Mayor Hausdorfer absent. _
RESOLUTION NO. 81-2-17-4, APPROVING PEPPER TREE
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
ANNEXATION OF THE TERRITORY ADJACENT TO THE WEST
BOUNDARY OF THE CITY, IDENTIFIED AS TRACT 10593,
PEPPER TREE BEND (BEAR BRAND RANCH).
BIDS, CONTRACTS, AGREEMENTS
1. APPROVAL OF NEW SUBDIVISION AGREEMENT - CAMINO LAS
RAMBLAS, TRACT 9784 (MORELAND DEVELOPMENT COMPANY)
(38) Written Communications:
(85) Report dated February 17, 1981, from the Director of
Public Works advising that Longbar Grinding, Inc.,
transferred title of the area known as Tract 9784 to
Moreland Development Company on January 29, 1981. The
new owner/developer has submitted a new Subdivision
Agreement and new surety, which are acceptable to the City.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by
Councilman Friess and unanimously carried to approve
the new Subdivision Agreement with Moreland Development
Company for the installation of public improvements within
Tract 9784, to authorize the Mayor pro tem and City Clerk
to execute the Agreement on behalf of the City, and to
authorize recordation of the Agreement. The Agreement
previously entered into with Longbar Grinding, Inc.,
was rescinded.
2. APPROVAL OF STORM DRAINAGE AGREEMENT (PASEO DE LA PAZ
HOMEOWNERS)
(38) Written Communications:
(80) Report dated February 17, 1981, from the Director of
Public Works forwarding a proposed Agreement with Paseo
de la Paz property owners for the establishment of storm
drain improvements to carry water run-off from Bear Brand
Ranch to Del Obispo Street.
The Agreement provides for private funding of $8,000 for
storm drain design, with reimbursement by the City if a
construction contract is not awarded within two years of
plan approval. Construction costs are intended to be
funded by City and private sources and by contribution
from Bear Brand Ranch.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to approve the Agreement
with the Paseo de la Paz property owners and to authorize
the Mayor pro tem and City Clerk to execute the Agreement
on behalf of the City.
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1'7'7
3. APPROVAL OF AMENDMENT TO AGREEMENT FOR SERVICES
(ORANGE COUNTY SHERIFF)
(38) Written Communications:
(70) Report dated February 17, 1981, from the Administrative
Assistant to the City Manager forwarding an Amendment
to the 1980-81 Law Enforcement Services Contract. The
amendment is proposed in order to increase the level of
law enforcement services during evening hours, and to
enhance officer safety and response time. All provisions
and terms of the current Contract remain the same, except
for the following proposed amendments:
1. Beginning March 1, 1981, Sheriff services
shall be increased to include one additional
evening patrol unit; and
2. In consideration for such increased level of
service, the City agrees to pay an additional
$25,515.00.
Sheriff's Captain Dennis LaDucer addressed the Council
and advised that grant funds had provided the additional
service for a 2 -month period; the contract would continue
the additional evening patrol unit for the remainder of
the fiscal year.
Approval of Agreement:
It was moved by Councilman Friess and seconded by
Councilman Buchheim and unanimously carried to approve
the Amendment to the current 1980-81 Law Enforcement
Services Contract and to authorize the Mayor pro tem
and City Clerk to execute the contract on behalf of the
City.
4. APPROVAL OF AGREEMENT FOR SERVICES - CHAMBER OF COMMERCE
(29) Written Communications:
(38) Report dated February 17, 1981, from the Administrative
Assistant to the City Manager forwarding a proposed
Agreement for Services between the City and the Chamber
of Commerce in an amount not to exceed $13,700 for fiscal
year 1980-81. Pursuant to Council direction of August 20,
1980, Section 2 0£ the Agreement was amended to provide
that no City funds shall be expended for political
purposes with separate accounting maintained therefor.
Approval of Agreement:
It was moved by Councilman Buchheim and seconded by
Councilman Friess and unanimously carried to approve the
Agreement for Services with the Chamber of Commerce,
to authorize the Mayor pro tem and City Clerk to execute
the Agreement on behalf of the City.
5. APPROVAL OF AMENDMENT TO GROUND LEASE - MULTI -MODAL
TRANSPORTATION TERMINAL
(38) Written Communications:
(88) (1) Report dated February 3, 1981, from the Administrative
Assistant to the City Manager forwarding an amendment
to the Ground Lease Multi -Modal Transportation
Terminal Agreement. Knut Husby and Sue DiMaio, joint
owners of land which will become part of the multi-
modal terminal, have requested an amendment to the
ground lease agreement previously approved by Council.
The amendment covers parking requirements, the
construction of their building, and a rental arrangement
should the building not be constructed.
(2) Memorandum dated February 17, 1981, from the City Clerk
advising that Mrs. DiMaio had requested that the matter
be deferred for 30 days to allow further review.
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Conditional Approval of Amendment:
It was moved by Councilman Buchheim, seconded by
Councilman Friess and unanimously carried to approve
the proposed Amendment as submitted; staff was
authorized to make minor adjustments to the Amendment
with the approval of the City Attorney and the
applicants; any proposed major adjustments to the
Amendment are to be returned for Council review.
CONSENT CALENDAR
It was moved by Councilman Friess and seconded by Councilman
Buchheim 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, Bland, Buchheim and
Mayor pro tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
1. APPROVAL OF WARRANTS
(41) The List of Demands dated February 17, 1981, Warrant
Register No. 81-082, in the total amount of $837,180.23,
was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENT
AS OF JANUARY 31, 1981
(41) The City Treasurer's Report of Investments as of
January 31, 1981, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF JANUARY 31, 1981
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of January 31, 1981, was approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF JANUARY 31, 1981
(41) The City Treasurer's Summary Statement of Fund Cash
Balances for the period ending January 31, 1981, was
approved as submitted.
5. REPORT OF
COMMISSION ACTIONS OF
(23) The Report of Actions taken by the Equestrian Commission
at the meeting of February 9, 1981, was ordered received
and filed.
6. RELEASE OF GRADING BOND, TRACT 7673, ORTEGA HIGHWAY
(38) Written Communications:
(49) Report dated February 17, 1981, from the Director of
(85) Public Works, advising that the grading for Tract 7673
has been accepted and requesting authority to release
bonds.
Release of Surety:
The following bond from Covenant Mutual Insurance Co. is
to be released upon expiration of 35 days from recording
of the Notice of Completion:
Bond Amount
Grading Bond, No. 009099 $35,000
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7. EXCHANGE OF GRADING SURETY, TRACT 9382, ORTEGA HIGHWAY
(MAURER)
(38) Written Communications:
(49) Report dated February 17, 1981, from the Director of
(85) Public Works, advising that the major grading work for
Tract 9382 has been completed and requesting that the
City accept a new Maintenance and Fine Grading Bond.
Release of Surety:
The following bond from Covenant Mutual Insurance Co.
is to be released upon expiration of 35 days from
recording of the Notice of Completion:
Bond Amount
Grading Bond, No. 009098 $160,000
Staff was authorized to accept the new Maintenance and
Fine Grading Bond in the amount of $35,000
8. RELEASE OF GRADING BOND, CASITAS DE ALIPAZ (F.W. DEVELOPMENT
(49) Written Communications:
Report dated February 17, 1981, from the Director of
Public Works, advising that landscaping and grading
improvements for the apartment project located at
32221 Alipaz Street have been completed.
Release of Surety:
The following bond from American Motorists Insurance
is to be released upon expiration of 35 days from
recording of the Notice of Completion:
Bond Amount
Grading Bond, No. SSM 173 007 $76,000
9. TRUNK LINE SEWER RECONSTRUCTION, VICTORIA STREET TO
STONEHILL DRIVE (CAPPELLO)
(38) Consideration of this matter was deferred to a later
(80) date at the request of the Director of Public Works.
10. APPROVAL OF CHANGE ORDER NO. 1, EXTRA WORK - ARROYO
'..n.... I ---.ten ----I
(38) Written Communications:
(62) Report dated February 17, 1981, from the Director of
Public Works, advising that additional hydroseed and
grading is required at the park site, due to a misprint
in the hydroseed specifications and changes in grading
elevations requested by San Diego Gas & Electric.
Approval of Chage Order
It was moved by nCouncilman: Friess and seconded by
Councilman Buchheim and unanimously carried to approve
Change Order No. 1 for extra work in the amount of
$1,169.62 at the Arroyo Park Site performed by California
Landscape, Inc.
ADMINISTRATIVE ITEMS
CITY CLERK
1. RECORDS MANAGEMENT PROGRAM - PURCHASE OF READER -PRINTER
(24) Written Communications:
(31) Report dated February 17, 1981, from the City Clerk
(74) requesting approval of a budget amendment for purchase
of a map size, reconditioned Reader -Printer for the Public
Works Department in conjunction with the Records Management
Program.
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Approval of Purchase:
It was moved by Councilman Buchheim and seconded by
Councilman Friess and unanimously carried to approve
the purchase of a map -size Reader -Printer from the
3-M Company and to authorize a budget transfer of $5,600
to the Records Management Program.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. REVIEW OF SMYTH BROTHERS, INC., CONCEPT PLANS NORTH OF
CITY LIMITS (PREVIOUSLY VAN ROEKEL)
(21) Proposal:
(46) Review of proposed development concepts prior to further
action toward prezoning or annexation for property at
the north City limits previously referred to as "Van
Roekel, et al." The plans indicate a three-story cluster
office building concept.
Applicant:
Charles W. Smyth, Smyth Brothers, Inc., 202 Newport Center
Drive, Newport Beach 92660.
Written Communications:
Report dated February 17, 1981, from the Director of
Community Planning and Development forwarding a letter
dated January 22, 1981, from the applicant, conceptual
site and grading plans and cross sections.
Referral for Development Review Process:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to refer the Smyth
project to the Architectural Board of Review, the
Planning Commission and other applicable advisory boards
and commissions for standard development review processes
prior to prezoning and annexation procedures, the
process to result in specific controls over permitted
uses and possible changes and/or refinements to the
submitted concept plans.
DIRECTOR OF PUBLIC WORKS
1. SAN JUAN HILLS EAST GROUND WATER INTRUSION AND PRIVATE
IMPROVEMENT MAINTENANCE (WILSHIRE DIVERSIFIED)
(85) Written Communications:
(80) Report dated February 17, 1981, from the Director of
Public Works, requesting a directive to staff to inform
Wilshire Diversified that the performance bonds for
private street improvements in the San Juan Hills East
development shall not be released, pending resolution
of ground water problems in the private streets subject
to the bond.
An analysis was made that provided the following
conclusions:
a. Landscaping irrigation should be reduced to a
minimum and the ground water elevation should
be monitored for an extended period.
b. If reduced irrigation does not resolve the
problem, a drainage system should be implemented.
John Strater, 32175 Via Burrida, addressed the Council
and presented petitions with 182 signatures of
residents within Tracts 9094, 9181, and 9182 of the
San Juan Hills East development setting forth
"unacceptable conditions as engineered and constructed
by Wilshire Diversified, Inc., and Glendale Federal
Savings and Loan," recommended corrective actions, time
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frame and penalties, with regard to alleged water
encroachment, leaching and street deterioration and
lack of water drainage systems. Mr. Strater requested
that the performance bond not be released by the
City until the problems are resolved. Additional
documentation in support of the homeowners' position
was presented. to Council.
Retention of Bond/Request for Report:
It was moved by Councilman Friess and seconded by
Councilman Buchheim and unanimously carried to direct
staff to inform Wilshire Diversified that the performance
bonds for private street improvements in the San Juan
Hills East development shall not be released, pending
resolution of ground water problems in the private streets
subject to the bond. Further, staff was directed to
submit a status report for the meeting of April 21, 1981.
2. BUDGET ADJUSTMENTS - SERRA
(79) Written Communications:
Report dated February 17, 190.1, from the Director of
Public Works forwarding revised SERRA budgets for General
Fund, Project Committee No. 2 and. Project Committee No. 12
necessary to continue project operations.
It was moved by Councilman Friess and seconded by Councilman
Buchheim and unanimously carried to adopt the revised SERRA
budgets for the General Fund, Project Committee No. 2
and Project Committee No. 12, and approve the proposed
amendments to the City's budget to reflect a transfer of
funds from the Sewer Enterprise Fund as follows: SERRA
General Fund, $900; Project Committee No. 2, $24,000; and
Project Committee No. 12, $3,000. In addition, the SERRA
Board of Directors was encouraged to avoid such overruns
in the future.
3. BUDGET AMENDMENT - PUBLIC WORKS MAINTENANCE ACCOUNT
(24) Written Communications:
(74) Report dated February 3.7, 1981, from the Director of Public
Works requesting an increase of $400 to the Public Works
Maintenance Account for the purchase of a steam cleaner unit
to be utilized in maintaining heavily used City equipment.
It was moved by Councilman Buchheim and seconded by
Councilman Friess and unanimously carried to authorize
the expenditure of an additional $400 for purchase of an
upgraded steam cleaner unit and to approve a transfer
of funds to the Public Works Maintenance Account from the
General Fund.
4. APPROVAL OF PROGRESS PAYMENT NO. 8, ASSESSMENT DISTRICT 78-3
(38) Written Communications:
(74) Report dated February 17, 1981, from the Director of Public
Works advising that administrative details had delayed
processing of Progress Payment No. 8 to Clarke Contracting
Corp. in conjunction with Assessment District 78-3.
It was moved by Councilman Buchheim and seconded by
Councilman Bland and unanimously carried to approve
Progress Payment No. 8 for Assessment District 78-3
to Clarke Contracting Corp. in the amount of $214,583.11.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
(67) With Council concurrence, Mayor pro tem Schwartze directed
the Report of Actions taken by the Planning Commission at
their meeting held February 10, 1981, received and filed.
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TRAFFIC AND TRANSPORTATION COMMISSION
1. REPORT ON STREET LIGHT CONVERSION (SDG&E)
(53) Written Communications:
Report dated February 17, 1981, from Secretary of the
Traffic and Transportation Commission, regarding the
conversion of street lights from Mercury Vapor to High
Pressure Sodium Vapor.
Preparation of Cost Analysis:
It was moved by Councilman Friess and seconded by
Councilman Bland and unanimously carried to direct
staff to prepare a cost analysis of street light
conversion, with consideration given for safety and
aesthetic concerns.
2. REVIEW OF ALTERNATE STUDIES - SANTA ANA TRANSPORTATION
CORRIDOR
(44) Written Communications:
Report dated February 17, 1981, from Secretary of Traffic
and Transportation Commission advising that the Orange
County Transportation Commission has requested comment
from local agencies regarding construction of improvements
to the Santa Ana Transportation Corridor.
A total of six to seven alternatives will be selected
for the Draft Environmental Impact Report. The Draft
EIR process will begin in June 1981 with 18-24 months
for preparation, review and approval. Thereafter, the
Orange County Transportation Commission will adopt a
project for implementation and seek funds for construction,
which may begin as early as 1986 with completion in the
mid 1990s.
It was moved by Councilman Friess and seconded by Councilman
Buchheim and unanimously carried to recommend the following
alternatives for the Draft EIR; a 14/12 alternative
combination and alternatives 16, 17 and 19 to provide a
balanced mode of transportation with rail improvements,
highway widening and a guideway for busses and carpools.
The Draft EIR should include further analysis within the
South County area in conjunction with the proposed San
Joaquin Hills corridor.
AGRICULTURE PRESERVATION COMMITTEE
1. STATUS REPORT
(23) Written Communications:
(68) Report dated February 17, 1981, from Chairman of the
Agriculture Preservation Committee. With Council _
concurrence, Mayor pro tem Schwartze directed that
consideration of the report be held over to the meeting
of March 3.
MOBILE HOME PARK REVIEW COMMITTEE
1. PETITION FOR RENT INCREASE (RANCHO ALIPAZ MOBILE
(23) Written Communications:
Report dated February 17, 1981, from City Attorney
advising that the Committee had received petitions
from residents of Rancho Alipaz Mobile Estates regarding
a proposed rent increase.
There was a concurrence of Council that the City Attorney
prepare a letter for the Mayor's signature advising the
petitioners of the Rancho Alipaz Mobile Estates that the
City's mobile home ordinances cannot override valid
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183
contracts entered into before the effective date of the
City's law. It is further directed that the City Attorney
render whatever appropriate aid and cooperation as may be
reasonably necessary to assist with legal remedies.
Formation of Ad Hoc Rents Committee:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried that an ad hoc committee
be formed to study formulas for determining rents, the
committee to be composed of a mobile home park resident,
a non -park resident, a park owner, the City Attorney, a
representative of the Mobile Home Council, and one or two
City Council Members. In addition, the space rental
issues previously scheduled for March 3 are to be held
over for 90 days from March 3 for Council consideration,
with a 90 -day moratorium established for any rent changes.
Council concurred that Mayor pro tem Schwartze continue to
serve the Committee as Council liaison with Councilman Friess
serving as Alternate.
CULTURAL HERITAGE COMMISSION
1. AMENDMENT TO BY LAWS - CHANGE OF MEETING DATE
(23) Written Communications:
Report dated February 17, 1981, from Secretary of the
Cultural Heritage Commission forwarding a proposed
amendment to the Commission By -Laws.
It was moved by Councilman Bland, seconded by Councilman
Buchheim and unanimously carried that Section 3.1 of the
By -Laws be amended to read as follows:
"Meeting Time. The Commission shall meet
regularly at 7:30 P.M. on the fourth Tuesday
of each month at the City Offices located at
32400 Paseo Adelanto, San Juan Capistrano,
California, or as rescheduled by the Commission."
COUNCIL ACTIONS
APPOINTMENT TO THE TRAFFIC AND TRANSPORTATION COMMISSION
(23) Written Communications:
Report dated February 17, 1981, from Administrative
Assistant to the City Manager, forwarding applications
for the vacancy currently existing on the Traffic and
Transportation Commission, due to the resignation of
Commissioner Ron Fuchs.
Councilman Friess nominated Larry Destro, 31921 Avenida
Evita and it was unanimously carried by roll call vote
that Mr. Destro be appointed to the Traffic and
Transportation Commission.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. PURCHASE OF EQUIPMENT
(75) Council concurred that Councilman Buchheim be authorized
to continue efforts to procure used kitchen equipment
for possible use in a future community center.
2. ACQUISITION OF PROPERTY - VACATED FIRE SERVICE BUILDINGS
(73) At the suggestion of Councilman Buchheim, Council concurred
that letters be sent to the Orange County Board of
Supervisors and to the County Fire Chief indicating the
City's interest in the lease or purchase of the fire
service buildings on La Mantanza Street which were
vacated upon the opening of the new Fire Station.
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•
3. PARKING ENFORCEMENT
(65) Councilman Buchheim requested that the Sheriff's Department
enforce regulations for parking of trucks on La Calera
Street.
4. SLOPE MAINTENANCE
(74) Councilman Bland suggested that staff contact the County
offices for possible information on effective slope
maintenance.
5. OUTDOOR LIGHTING IN SHOPPING AREAS
(53) Councilman Bland cited outdoor lighting nuisances caused
by shopping areas which burn lights all night. Mayor pro
tem Schwartze suggested staff acquire a copy of an
ordinance adopted by the City of Anaheim.
6. CITY HALL HOURS OF OPERATIONS
(32) Councilman Friess suggested that the current schedule
(66) of the hours of 10:00 A.M. - 4:00 P.M. for City offices
to be open to the public either be abandoned or
modified, possibly with open hours of 8:00 A.M. - 4:00 P.M.
and one day of 8:00 A.M. - 5:00 P.M. The matter was
reviewed by memorandum dated February 3, at the direction
of Council.
At the request of the City Manager, Council concurred
that the decision on the 8 hours per day the City offices
are to be open to the public is to be determined by
staff discussion.
7. WEATHER REPORTING SERVICES
(34) Councilman Friess cited a letter received February 17
(36) from Jeff Miller, 31911 Calle Winona, advising that the
weather reporting services will be discontinued as of
June 30, 1981.
It was a concensus of Council that a commendation be
prepared in appreciation for the weather reporting
services during the past six years. Council further
requested media coverage to seek a possible replacement
for Mr. Miller.
8. RESIGNATION OF MOBILE HOME COMMITTEE MEMBER
(23) Mayor pro tem Schwartze requested that staff advertise
for applications to fill the vacancy created by the
resignation of committee member Bud Hanson. The opening
is limited to resident managers of mobile home parks.
9. MOTORCYCLE TRAFFIC
(87) Mayor pro tem Schwartze noted that motorcycles are
travelling on the San Juan Creek levee in the area of
La Novia Avenue. Enforcement regulations by the
Sheriff's Department were requested.
AGREEMENT FOR PERSONNEL SERVICES - CITY MANAGER RECRUITMENT
(33) It was moved by Councilman Friess, seconded by
Councilman Buchheim and unanimously carried to approve
the agreement with Gifford Miller for personnel
services in conjunction with recruitment for a City
Manager.
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ADJOURNMENT
There being no further business before the Council, the
meeting was adjourned at 11:25 p.m., to the next meeting
date of Monday, February 23, 1981, at 4:30 p.m. in the
San Juan Hot Springs Dance Hall.
Respectfully submitted,
MARY ANN,.9[ANOVER,' CITY CLERK
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