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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. -1- 2/17/81 170 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 -2- 2/17/81 171 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. -3- 2/17/81 172 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. 2/17/81 173 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. -5- 2/17/81 174 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. -6- 2/17/81 175 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. -7- 2/17/81 0 rr 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. -8- 2/17/81 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. -9- 2/17/81 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 -10- 2/17/81 179 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. -11- 2/17/81 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 -12- 2/17/81 181 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. -13- 2/17/81 182 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 -14- 2/17/81 183 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. -15- 2/17/81 • 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. -16- 2/17/81 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 -17- 2/17/81