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79-0815_CC_Minutes_Regular MeetingI AUGUST 15, 1979 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 Friess at 7:05 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverned Robert Schwenck, Community Presbyterian Church. ROLL CALL PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem Lawrence F. Buchheim, Councilman Phillip R. Schwartze, Councilman James F. Thorpe, Councilman ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works/City Engineer; Larry Lawrence, Acting Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Adjourned Regular Meeting of July 23, 1979 It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Adjourned Regular Meeting of July 23, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Regular Meeting of August 1, 1979: It was moved by Councilman Thorpe, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of August 1, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Thorpe, Buchheim and Mayor Friess NOES: None ABSTAIN: Councilmen Hausdorfer and Schwartze ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Thrope, seconded by Councilman Hausdorfer that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -1- 8/15/79 ORAL COMMUNICATIONS 1. REZONE 79-3, THE RANCH (95) Diana Gardner, 30231 Silver Spur Road, addressed the Council on behalf of Bill Gardner, Chairman, Ridgeline Preservation Committee, to recommend: (1) that the units at the southwest corner of helicopter hill be placed below the ridgeline with dense trees planted behind the buildings; and, (2) that development rights for all agriculture areas be dedicated to the City. 2. REQUEST FOR SUPPORT, "ADIOS A LAS GOLONDRINAS" CELEBRATION (HOLIDAY) (76) The following written communications were received: (29) (1) Letter received August 10, 1979, from William Holiday, 32742 Alipaz Street, Motivators Unlimited, requesting support for a proposed "farewell to the swallows" celebration October 19-21, 1979; (2) Copy of letter dated August 14, 1979, addressed to Mr. Holiday from Fred Jenner, President of the Chamber of Commerce, citing terms for endorsement of the event, as set forth by the Chamber Board of Directors, which include guaranteed repayment of all funds, receipt of a detailed budget, and receipt of 20% of the net profit. Mr. Holiday addressed the Council to request conceptual support of the event and City assistance with police, fire, maintenance, and permit services, with funding held in abeyance at this time. Mr. Jenner noted merchant concerns with large-scale events and advised that any Chamber participation would be low-key. There was a consensus of Council that no action be taken at this time; a specific, detailed proposal will be considered, if presented by the Chamber of Commerce and Mr. Holiday. 3. (38) George Bozzo, Attorney representing John Napoli, developer (74) of the car wash on Camino Capistrano, requested a waiver of the requirement to post off-site improvement bonds. The Director of Public Works advised that letters of credit or other financial sureties are accepted in lieu of bonding. Council requested that Mr. Bozzo and Mr. Murphy discuss the matter. Subsequently, Council took the following action: Approval of Agreement to Install Public Improvements: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to authorize the City Manager to execute an agreement providing for the installation of full improvements within a 6 -month period of time; the applicant is to post financial surety for traffic -related improvements in an amount to be established by the Director of Public Works. PUBLIC HEARINGS 1. CABLE TELEVISION SERVICE - (43) This Public Hearing is continued from the meeting of July 18, 1979. -2- 8/15/79 Written Communications: Report dated August 15, 1979, from the Director of Administrative Services setting forth the rate structures for both TM Communica- tions and Storer Cable Television. Public Hearing: Notice having been given as required by law, Mayor Firess opened the Public Hearing, and the following persons responded: (1) Richard Young, representing TM Communications, advised that he was present to answer any questions and that problems had been resolved in the Village San Juan area. Mr. Young further stated that service complaints should be submitted directly to the company office so that they may be responsive to problem areas. (2) Charles Ward, 26432 Pepperwood Road, President of the Village San Juan Homeowners Association, stated that the company had made a cooperative effort to improve services. There being no further response, Mayor Friess declared the Hearing closed. Councilman Thorpe noted that the same rates should be established in all parts of the City. Approval of Rate Changes/Franchise Fee Increase/Expansion of Franchise Basis of Payment: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze to approve the following: (1) Rates for installation and service charges for T.M. Communications are to coincide with the present rates charged by Storer Cable Television, Inc., with a residential service rate of $7.50 per month; (2) The franchise fee payable by T.M. Communications is increased to 3% to coincide with that of the Storer franchise; (3) The basis of payment for both franchises is expanded to include revenue derived from all sources of income; (4) Staff is directed to amend all applicable resolutions and ordinances for Council consideration. 2. REVIEW OF 79-7 AND SITE PLAN A.C. 79- (92) This item is continued from the Council meeting of July 18, 1979, for the purpose of receiving additional information on the impacts of traffic on the San Juan Creek bridge. Written Communications: (1) Report dated August 15, 1979, from the Director of Community Planning and Development forwarding traffic impact data generated in the Environmental Impact Reports of other proposed major projects in the City and a proposed amendment to Condition 15 c. of the resolution approving A.C. 79-7 with regard to elevations for the proposed 2 -story building. (2) Report dated August 14, 1979, from John Rau, Manager, Ultrasystems, Inc., providing an evaluation of the predicted fiscal impact of the proposed project for the 10 -year period 1979-1989. -3- 8/15/79 Public Hearing: Notice of continuation having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: (1) John Collins, Collins/Diversified, 270 South Bristol, Suite 201, Costa Mesa, requested approval of the project. There being no further response, Mayor Friess declared the Hearing closed with the right to reopen at any time. Acceptance of Environmental Impact Report: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to accept the focus environ- mental impact report as adequate, with the determination that such acceptance shall not be construed as concurrence with all information in the document nor as approval or denial of the project. Councilman Thorpe noted that commentary in staff reports should refer to specific pages in EIR's for ease of comparisons. Approval of Architectural Control 79-7 and Zone Variance 79-7: Mayor Friess encouraged the developer to pursue the possibility of incorporating a dinner house in the project. Councilman Thorpe indicated that the cumulative effect of increased traffic on the bridge represents significant impacts which should be mitigated prior to the project approval and commented that the parking area is deficient. Mayor Friess noted Condition 6 for the project, which requires the developer to participate in costs for installation of a traffic signal at Camino Capistrano and San Juan Creek Road, as a mitigation measure. It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 79-8-15-1, A.C. 79-7 AND ZONE rfr71"1R - A KroULU'1'1ULN Ur 'rnr, l.l.'rx UUULN1.1L Ur rna CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING: ARCHITECTURAL CONTROL 79-7 FOR A MASTER PLAN OF A SHOPPING CENTER; AND ZONE VARIANCE 79-7 IN THE REAR YARD SETBACK FROM 25 FEET TO 10 FEET Section 15.c, is amended to read as follows: "15.c. Elevations for the proposed two-story commercial building shall be modified so as to produce a roof -line treatment more harmonious with the other buildings to be constructed on the site. Further, the rear elevation of said building shall be revised so as to produce a pleasing appearance as viewed from the Amtrak railway and the public areas to the west." The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: None -4- 8/15/79 3. ADOPTION OF THE FISCAL BUDGET FOR THE FIVE-YEAR „nnTnn TnTV l iwiq - .mN'R 3n. 1984 (24) This Public Hearing is continued from the Regular Meeting of August 1, 1979. Public Hearing: Notice of Continuation having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: (1) Marilyn Williams, 29931 Camino Capistrano, cited concerns with proposed expenditures for historic preservation, capital improvements funded with systems development tax, authority for adoption of a budget indicating a deficit in 1982-83, and funding for the Open Space Element of the General Plan. The City Manager advised that the City would receive $103,000 in State bail-out funds which are not included in the budget; that serious consideration should be given to implementation of the General Plan in its present form. There being no further response, Mayor Friess closed the Public Hearing with the right to reopen at any time. (8$) Multi -Modal Terminal: In response to Councilman Thorpe, the City Manager advised that a budget amendment would be submitted setting forth proposed funding. (6�) Downtown Study/Parking District: Councilman Thorpe noted that the proposed Downtown Study is not included in the budget, suggested traffic patterns be changed on a trial basis prior to disrupting streets and that costs for signing be included in the budget as well as funds for the proposed parking district; staff should contact property owners for an indication of interest in pursuing a parking district. Mayor Friess concurred that the proposed one-way street system should be implemented on a trial basis and the public hearing process commenced. With Council concurrence, Mayor Friess directed that the Downtown Study and Parking District be placed on the Agenda for Council consideration within the next six weeks. Budget Amendments: (1) Downtown Study: (68) It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried that the sum of $10,000 be included in the budget for an environ- mental impact assessment of proposed changes in the downtown area; (2p) (2) Historical Society/4th of July Committee: (61) It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried that an additional sum of $5,000 be allocated for the San Juan Capistrano Historical Society with the condition that City funds will not be utilized if CETA funding is received by the Society; and, that the sum of $500 be allocated for use by the 4th of July Celebration Committee. Budget Adoption: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following Resolution be adopted, as amended: -5- 8/15/79 RESOLUTION NO. 79-8-15-2, FISCAL BUDGET, 1979-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A FIVE-YEAR FISCAL PROGRAM AND BUDGET AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED THERETO The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution authorizes expenditures as follows: Year Ending June 30 Authorized Expenditures 1980 $9,357,200 1981 $6,626,300 1982 $5,365,800 1983 $6,955,500 1984 $7,178,700 4. ZONE VARIANCE 79-15 AND TENTATIVE PARCEL MAP 859 (SAUNDERS) (85) Proposal: (92) A division of a .987 -acre parcel of land into two lots consisting of 15,899 square feet and 21,562 square feet, respectively, located on the northwest corner of Calle Aspero and Paseo Alto Plano, and a zone variance to allow reduction in the minimum lot size from 20,000 to 15,899 square feet and reduction in the minimum street frontage from the required 90 feet to 88.51 feet, as set forth in the standards for ES (Small Estate) zoning. Applicant: John Saunders, 31881 Paseo Alto Plano, San Juan Capistrano. Written Communications: Report dated August 15, 1979, from the Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission on July 24, 1979, and advising that the required street dedication for Calle Aspero eliminates sufficient lot area for division of the property without the requested zone variance. Approval of Zone Variance and Tentative Parcel Map: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-8-15-3, TENTATIVE PARCEL MAP 859 AND ZONE VARIANCE 79-15 (SAUNDERS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 859, THE SUBDIVISION OF 0.987+ ACRES INTO TWO LOTS OF 15,899+ AND 21,562+ SQUARE FEET; AND ZONE VARIANCE 79-15, A REQUESTED REDUCTION IN THE MINIMUM LOT SIZE FROM 20,000 SQUARE FEET TO 15,899 SQUARE FEET AND REDUCTION IN MINIMUM STREET FRONTAGE FROM THE REQUIRED 90 FEET TO 88.51 FEET FOR PARCEL A The motion carried by the following vote: 8/15/79 AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None RECESS AND RECONVENE Council recessed at 8:50 P.M., and reconvened at 9:10 P.M. 5. REZONE 79- /mTT1"T 1TT TT lTV AND COMPREHENSIV MENT PLAN (8$) Councilman Buchheim left the dais due to a possible conflict of interest. Proposal: A request for a zone change for parcel 1 of Division of Land 78-3 from AG (General Agriculture) to PC (Planned Community) and approval of Comprehensive Development Plan CDP 79-1 for a 326 -acre parcel of land located east of the I-5 freeway and north of Ortega Highway. Applicant: The Ranch, A General Partnership, P. O. Box 695, San Juan Capistrano. Written Communications: (1) Report dated August 15, 1979, from the Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission on July 24, 1979, and setting forth the Commission's areas of concern, i.e., method of agricultural preservation, alignment of the General Plan equestrian trail, growth management requirements, and the Helicopter Hill view analysis. (2) Draft Comprehensive Development Plan. (3) Letter dated August 3, 1979, from Charles J. Higson of Mackay, McGregor, Bennison & Higson, 523 West Sixth Street, Suite 828, Los Angeles, 90014, representing Mr. and Mrs. Robert B. Honeyman, owners of the property in question, advising that agreement had been made that the zone change would become effective only upon recording of the final parcel map and with the further condition that the map be recorded prior to October 31, 1979. (4) Letter dated August 13, 1979, from Michael W. Berns, Planning Commissioner, in support of the Equestrian Commission and staff recommendations that the General Plan trail be dedicated and developed through the Horno Valley, as shown in the Parks and Recreation Element. (5) Memorandum dated August 14, 1979, from the Acting Director of Community Planning and Development, recommending that the following additional condition be added to the project approval: 114. Stipulate that final adoption of the zone change Ordinance shall not occur prior to recordation of the final parcel map for Division of Land 78-3." Exhibits were on display, and Larry Lawrence, Senior Planner, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: -7- 8/15/79 G (1) Charles Higson, representing the property owners, Mr. and Mrs. Honeyman, cited the items set forth in his letter of August 13 and noted support for the proposed Condition No. 4. (2) Hugh Scallon, representing the applicant, suggested word changes regarding the effective date of the zone change. (3) George Riley, 25581 Paseo de la Paz, representing the applicant, addressed the Council on the following items: (a) Growth Management - requested exemption from growth management requirements for the 65 lots within parcels 5 through 13 to be sold as lot sales; it is anticipated that 20 or 30 homes will be requested for inclusion in the 1980 allocation; (b) Helicopter Hill Development - a model was displayed; mature specimen trees will be planted behind the 4 units to prevent houses on the ridgeline from silhouetting; (c) Development Rights - stated that the City has adequate controls for agriculture preservation, and is willing to enter a Williamson Act agreement, open space will be dedicated to the homeowners; the developers will diligently try to farm the area and make it work; if farming doesn't work, alter- natives would be considered; would not like to have possible future use of the land removed from their control; (d) General Plan Equestrian Trail - stated that the trail would bisect the farmland; requested that the trail on the adjacent Leck-Forster property (The Hunt Club) be designated as the General Plan trail and that a bridge could be built across the canyon; stated that the trail along Horno Creek would have to be fenced on both sides due to vandalism, and fencing would make tractor access difficult; the area is a nature preserve and trails near the creek would be detrimental to wild animals; the view would be better from a trail at a higher elevation; would be willing to help develop the Forster -Zeck trail to General Plan standards. Mayor Friess suggested that Page 60 of the draft CDP state that the trail will be placed in the general location of the Horno Valley, the precise alignment to be set after a walkover of the area by the appropriate City commissions. In response to Mr. Riley, Mayor Friess advised that the final determination would be made by the Council, based on the recommendations of the Planning and Equestrian Commission. Mr. Riley stated that the property could accommodate bicycles, but not horses and hikers. (4) Milton Long, 28333 Ortega Highway, representing the Equestrian Commission, spoke in support of the trail designation in the Horno Valley; vandalism would be curtailed by the City -required fencing; deletion of a General Plan trail would set an undesirable precedent; the project CC&R's will prohibit keeping of horses even though an equestrian center is proposed and this exclusion of horses should not be approved. -8- 8/15/79 Visual Impact: There was a consensus of Council to determine that the General Plan Visual Impact Overlay requirement for development on Helicopter Hill will be satisfied only if the view analysis shows that no dwelling units will extend above the ridgeline silhouette as viewed from the downtown valley floor area. General Plan Trail: There was a consensus of Council to determine that the General Plan Equestrian Trail shall be designated through the property, as shown in the Parks and Recreation Element of the General Plan, and will be provided as part of the development of the planned community. The trail alignment shall be determined prior to approval of any residential concept plan or other development plans for Areas 5 through 14, inclusive. Growth Management: There was a consensus of Council to determine that Areas 5 through 13 are exempt from the requirements of the Growth Management Program. Dedication of Development Rights: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that prior to the adoption of the zone change ordinance, an agreement is to be entered into requiring dedication of development rights to the City for CDP Area 16 (General Agricultural District) prior to issuance of the first residential building permit. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, and Mayor Friess NOES: Councilman Thorpe ABSENT: Councilman Buchheim Energy -Efficient Buildings: There was a consensus of Council that an additional goal promoting the construction of energy-efficient buildings be inserted in Section 227 of the Comprehensive Development Plan. -9- 8/15/79 0 (5) Brad Gates, 26822 Paseo Atravita, spoke in support of the project concepts, but cited concerns with trail connections to the Malaspina tract. (6) Jill Hanna, 30161 Branding Iron Road, addressed the Council regarding the Mission Hills trail. (7) Bob Davies, member of the Planning Commission, stated that the view impact will only be approved if there are no homes above the skyline; the equestrian trail should be shown in its original location, but would agree if the developer can prove that another location would serve the public need; advised that the plan for Area 9 states that it will be developed only if a road can be developed; a mechanism is needed to insure retention of either open space or agricultural uses on the property; City ownership of the property would not preclude other uses. (8) George Riley addressed the issues of the trail and development rights. There being no further response, Mayor Friess declared the Hearing closed. Visual Impact: There was a consensus of Council to determine that the General Plan Visual Impact Overlay requirement for development on Helicopter Hill will be satisfied only if the view analysis shows that no dwelling units will extend above the ridgeline silhouette as viewed from the downtown valley floor area. General Plan Trail: There was a consensus of Council to determine that the General Plan Equestrian Trail shall be designated through the property, as shown in the Parks and Recreation Element of the General Plan, and will be provided as part of the development of the planned community. The trail alignment shall be determined prior to approval of any residential concept plan or other development plans for Areas 5 through 14, inclusive. Growth Management: There was a consensus of Council to determine that Areas 5 through 13 are exempt from the requirements of the Growth Management Program. Dedication of Development Rights: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that prior to the adoption of the zone change ordinance, an agreement is to be entered into requiring dedication of development rights to the City for CDP Area 16 (General Agricultural District) prior to issuance of the first residential building permit. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, and Mayor Friess NOES: Councilman Thorpe ABSENT: Councilman Buchheim Energy -Efficient Buildings: There was a consensus of Council that an additional goal promoting the construction of energy-efficient buildings be inserted in Section 227 of the Comprehensive Development Plan. -9- 8/15/79 10 Waiver of Payment of Agricultural Preservation Fees: It was moved by Councilman Hausdorfer, seconded by Councilme Schwartze and unanimously carried to waive the requirement for payment of agricultural preservation fees for the total project which may be generated from residential, commercial, and industrial development. Second Reading of Zone Change Ordinance: There was a consensus of Council to stipulate that final adoption of the zone change ordinance shall not occur prior to recordation of the final parcel map for Division of Land 78-3. The above changes are to be incorporated into the Comprehensive Development Plan. Introduction of Ordinance Approving Rezone 79-3: 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 Hausdorfer that the following Ordinance be introduced: REZONE 79-3/COMPREHENSIVE DEVELOPMENT PLAN 79-1 - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF PARCEL 1 OF DIVISION OF LAND 78-3 FROM AG TO PC (CDP 79-1) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: Councilman Buchheim Councilman Buchheim returned to the meeting and assumed his duties. RESOLUTIONS 1. ADOPTING SEWER BOND TAX RATE, FISCAL YEAR 1979-80 (86) Written Communications: Report dated August 15, 1979, from the Director of Administrative Services. Approval of Sewer Bond Tax Rate: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-8-15-4, ADOPTING SEWER BOND TAX RATE - FISCAL YEAR 1979-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING AND IMPOSING AN AD VALOREM SEWER BOND TAX RATE FOR THE 1979-80 FISCAL YEAR The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None -10- 8/15/79 1.1 The Resolution establishes a General Obligation Bond Redemption tax rate of Seven Cents for each One Hundred Dollars of assessed valuation. BIDS, CONTRACTS, AGREEMENTS 1. DEDICATION OF IN FUTURE ASS PARTIC (38) At the request of the Director of Public Works, this item was held over to the next meeting date. 2. DEL AVION STORM DRAIN, PHASE I - :ALL FOR BIDS (80) Written Communications: Report dated August 15, 1979, from the Director of Public Works. Approval of Plans: It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried to approve the plans and specifications for the Del Avion Storm Drain, Phase I, and to authorize the City Engineer to call for bids. 3. CALLE ASPERO STREET AND CALL FOR BIDS (83) Written Communications: Report dated August 15, 1979, from the Director of Public Works. Approval of Plans: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the plans and specifications for improvements to Calle Aspero from Paseo Monte Vista to Paseo Alto Plano and to authorize the City Engineer to call for bids. 4. AGUACATE ROAD SEWER - AWARD OF CONTRACT (FIVE STATES PLUMBING) (80) Written Communications: Report dated August 15, 1979, from the Director of Public Works. Award of Contract: It was moved by Councilman Buchheim, seconded by Councilman Thrope and unanimously carried to award the contract for the construction of the Aguacate Sewer to the low bidder, Five States Plumbing, in the amount of $14,875.50 and to reject all other bids received; the Mayor and City Clerk are authorized to sign the contract on behalf of the City. 5. DATA PROCESSING SERVICES AGREEMENT (ALEXANDER GRANT & COMPANY) (41) Written Communications: Report dated August 1, 1979, from the Director of Administrative Services. Approval of Data Processing Services: It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to approve the Plan for Data Processing Services as proposed by Alexander Grant & Company for a one-year period of time. -11- 8/15/79 12 6. DEFERRED COMPENSATION PLAN (66) Written Communications: Report dated August 15, 1979, from the Director of Administrative Services. Adoption of Deferred Compensation Plan: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted: 79-8-15-5, DEFERRED COMPENSATION YLAN - A ttho ULUT1UN UY THS UITY UUUNUIL UP, THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A DEFERRED COMPENSATION PLAN AND AUTHORIZING THE EXECUTION OF AGREEMENTS RELATED TO SAID PLAN The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The City Manager is authorized to execute the participation agreements. CONSENT CALENDAR It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated August 15, 1979, Warrants Nos. 17334 through 17451, inclusive, in the total amended amount of $106,351.32, is approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JULY 31, 1979 (41) The City Treasurer's Report of Investments as of July 31, 1979, is approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of July 31, 1979, is approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF JUNE 30, 1979 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the 12 -month period ending June 30, 1979, is approved as submitted. 5. REPORT OF PLANNING COMMISSION MEETING OF AUGUST 6, 1979 (67) The Report of Actions taken by the Planning Commission at the meeting Of Aug. 6, 1979, is ordered received and filed. -12- 8/15/79 6. REPORT OF TRAFFIC AND OF JULY 19, 1979 MEETING 13 (23) The Report of Actions taken by the Traffic and Transportation Commission at the meeting of July 19, 1979, is ordered received and filed. 7. MISSION BELL PARK EXTENSION OF TIME (62) A 45 -day extension of time to September 28, 1979, is approved for completion of the Mission Bell Park landscaping project by Plant Control Corporation, due to delays in utility connections. 8. DEL OBI ASPERO (82) A 35 -day extension of time to September 7, 1979, is approved for completion of the traffic signal project by Electrend, Inc., due to shortages in cement supplies. 9. ACCEPTANCE OF STORM DRAIN EASEMENT, LOT D, TRACT 8130 (RANCHO MISSION VIEJO) (80) The Easement Deed for storm drain purposes over Lot D, (85) Tract 8130, is accepted from Rancho Mission Viejo for construction of a drainage facility to alleviate ponding of stormwater in back of Lots 10-13 of Tract 8128 in the Village San Juan Area. 10. RELEASE OF PUBLIC IMPROVEMENT BOND, 32302 CAMINO CAPISTRANO (BROWN) (38) Staff is authorized to release the following performance bond since Assessment District 78-2 will provide funding for the street improvements: Bond No. BX5-255916, from Balboa Insurance Company, dated January 15, 1976, in the amount of $9,000 REPORT OF CULTURAL HERITAGE ACTIONS OF AUGUST 7, 1979 (23) Council Members commented on conference attendance and direction to staff by the Commission. Councilman Buchheim noted that weed abatement at the Montanez Adobe should be carefully supervised. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to receive and file the report. PREPARATION OF REVISED OCCUPANCY PERMIT POLICY (25) Written Communications: (69) Report dated August 15, 1979, from the City Manager advising that an occupancy permit had been issued to James Reily, 32122 Cook Lane, since the residence is within a lot sale subdivision and all public improvements have been installed and accepted; future construction work will be confined to individual lots. Mr. Mocalis requested clarification of the policy established by Council on June 6, 1979, with regard to issuance of occupancy permits. -13- 8/15/79 14 (69) Preparation of Policy Statement: There was a consensus of Council that staff prepare a revised policy statement for Council consideration on the following basis: if all tract improvements have been accepted by the City, the Director of Public Works is authorized to issue occupancy permits; if all tract improvement requirements have not been met, requests for occupancy permits are to be reviewed by the City Council. APPROVAL OF TREE REMOVAL PERMITS - (CHRISTIAN MISSION CHURCH THE HUNT CLUB) (74) Written Communications: Report dated August 15, 1979, from the Director of Community Planning and Development advising Council of the following requests for tree removal permits: (1) Christian Mission Church, removal of one multi -trunk California pepper and removal of existing orange trees; (2) The Hunt Club, Tract 6305, removal of approximately 16 California pepper and 3 eucalyptus trees. Councilman Thrope questioned the use of the phrase, will be preserved for several years." It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to confirm the determination of the Tree Inspector in approving the requested tree removals. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT - MEREDITH CANYON LANDSCAPING, TRACTS 8087 AND 8319 (85) Written Communications: Report dated August 15, 1979, from the Director of Community Planning and Development regarding the current status of landscaping repairs. With the concurrence of Council, Mayor Friess directed that the report be received and filed. 2. INITIATION OF GENERAL PLAN AMENDMENT 79-3 (FALKLAM) (46) Written Communications: Report dated August 15, 1979, from the Director of Community Planning and Development, forwarding the request of Harry Falklam, Box 904, San Juan Capistrano, for inclusion of his 3.7 -acre parcel in a General Plan amendment. The request is forwarded pursuant to Section 2.1.2 of the Land Use Management Code. It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to authorize the inclusion of the Falklam petition for consideration within General Plan Amendment 79-3 with the determination that such inclusion is for consideration only and does not imply City intent to either approve or deny the proposed amendment. The General Plan Amendment is referred to the Planning Commission for review and recommendation to the Council. 3. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - (23) Written Communications: Report dated August 15, 1979, from the Director of Community Planning and Development forwarding an Amendment to the -14- 8/15/79 15 Agreement between the County and City dated November 14, 1978, for the construction of public improvements in the Los Rios Area. The revision increases the Housing and Community Development Act funds from $91,000 to $126,672 to provide for the actual costs of improvements to Mission Street, Ramos Street, and completion of Los Rios Street. It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to authorize the Mayor and City Clerk to sign the revised agreement on behalf of the City. DIRECTOR OF PUBLIC WORKS 1. ASSESSMENT DISTRICT 78-3, CONSTRUCTION PHASING (ORTEGA PROPERTIES) (74) Written Communications: (1) Report dated August 1, 1979, from the Director of Public Works. The report was rescheduled from the meeting of August 1 for the purpose of distributing notice of traffic circulation alternatives to residents of the surrounding area. (2) Copy of notice letter dated August 8, 1979, from the Director of Public Works and attached mailing list. Bernice Sowden, President of the Sun Hollow Homeowners Association, advised that the Board of Directors took no action on the alternate circulation patterns and suggested Council consideration of Alternate 2 which includes closing Ganado Road after construction of a temporary detour route through the Ortega Properties project area. Chris Shirley, 31501 Sundance Road, suggested that La Novia Road and a temporary detour be constructed prior to closure of Ganado Road. There was a consensus of Council to concur with the planned closure of Ganado Road following construction of La Novia Avenue; strong consideration is to be given to access routes for construction traffic to avoid disturbance of Sun Hollow residents and Ambuehl School. The Director of Public Works advised that access routes will be set forth in the specifications as traffic circulation. 2. REQUESTS FOR REIMBURSEMENT AGREEMENT MODIFICATIONS - ORTEGA HIGHWAY (38) Written Communications: Report dated August 15, 1979, from the Director of Public Works forwarding the requests of the Church of the Nazarene and Ortega Properties for modifications of the June 21, 1979, Agreement between the City and Maurer Development Company. Forwarded also was a letter dated August 1, 1979, from Robert E. Maurer. Denial of Requests: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to deny the requests submitted by the Church of the Nazarene and Ortega Properties for modifications to the right-of-way costs reimbursement procedures specified in the June 21, 1978, agreement for the construction of improvements to Ortega Highway. 3. HEAD START PRE-SCHOOL - AGREEMENT FOR RELOCATION TO CITY PROPERTY AT 32506 PASEO ADELANTO (38) Written Communications: Report dated August 15, 1979, from the Director of Public Works forwarding a proposed Agreement for the Lease of City Property for Community Educational Services. -15- 8/15/79 1 Evelyn Villegas, program coordinator, addressed the Council. Mayor Friess suggested that the facility be located east of the Dance Hall building with a portion of Descanso Park fenced for use by the school and the City reimbursed by the program for costs of fence installation. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the Agreement for a 2 -year period of time; the Agreement is to be amended to include provisions for joint school -City use of the facility. TRAFFIC AND TRANSPORTATION COMMISSION 1. REQUEST FOR CONVEYANCE OF RIGHT-OF-WAY, LOT D, TRACT 7159 /DTn VTOMA UnMVC 0nMMTTNTMV ACOnOTAMT71wT1 (85) Written Communications: Report dated August 15, 1979, from the Director of Public Works forwarding the recommendation of the Traffic and Transportation Commission that the City not accept Lot D, Tract 7159, from the Rio Vista Association. Denial of Conveyance: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to respectfully deny the offer of dedication of the public right-of-way of Lot D, Tract 7159, received from the Rio Vista Homes Community Association. INDIAN BURIAL SITE, TRACT 7673/PARRA ADOBE (85) Written Communications: (23) Report dated August 15, 1979, from Pamela Hallan, Administrative Aide, forwarding the Archeological Investigation Report prepared by Christopher E. Drover, as authorized by Council on August 1, 1979. The study results found no further skeletal remains. Acceptance of Report/Future Monitoring of Site: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to accept the report as presented by Dr. Drover and to direct that any request for extensive future grading on Lots 17, 18, and 19 of Tract 7673 be conditioned by a requirement that an archaeologist be present to monitor ground disturbance. COUNCIL REMARKS 1. MISSION HILLS DRIVE STREET IMPROVEMENTS (83) There was a consensus of Council that the installation of curbing at the cul-de-sac of Mission Hills Drive be held in abeyance for a 30 -day period of time, as requested by Councilman Hausdorfer. 2. PROPOSED RESTRUCTURING OF PLANNING COMMISSION (67) Councilman Thorpe requested that consideration be given to increasing the Planning Commission to 7 members, with the Planning Commission assuming the duties of the Architectural Board of Review and the Traffic and Transportation Commission. There was a consensus of Council that the matter be placed on the August 29, 1979, Agenda for the joint meeting with the Planning Commission. -16- 8/15/79 3 FOUR OAKS PARK - REMOVAL OF GRAFFITI 1'7 (62) There was a consensus of Council that the Public Works crews remove the graffiti at Four Oaks Park; Councilman Thorpe suggested that the contract park maintenance firm be directed to advise the City of such items. 4. LEAGUE OF CALIFORNIA CITIES CONFERENCE - (61) There was a consensus of Council that Councilman Schwartze serve as the City's voting delegate and Councilman Hausdorfer serve as alternate at the September League of California Cities Conference in San Francisco. 5. DEL OBISPO STREET SYCAMORE TREE (7{) Mayor Friess advised that the California sycamore tree on Del Obispo Street in the vicinity of the railroad tracts i will need severe pruning in December. Council concurred that the proposed pruning be authorized following extensive advertising. 6.1 TREES IN PUBLIC RIGHT-OF-WAY - SAN JUAN CREEK AT CAMINO CAPISTRANO (74) Mayor Friess requested that staff check the condition of the trees in the public right-of-way in the vicinity of San Juan Creek Road and Camino Capistrano. 7.I RETIREMENT SYSTEM AD HOC COMMITTEE (2I3) Mayor Friess advised that two members of the Committee live outside of the City limits. There was a consensus of Council that residence is not a requirement of Committee membership. CESS AND RECONVENE tC uncil recessed to Executive Session at 12:00 o'clock midnight, t e City Clerk being excused therefrom, and reconvened at 12:44 P.M. 1.1 RETIREMENT SYSTEM AD HOC COMMITTEE (73) It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to set a date certain of November 1, 1979, to establish the permanency of temporary employees; the ad hoc Committee is to address the issue of contract arrangements for new employees at the earliest possible date. AI JOT MENT There being no further business before the Council, the meeting was adjourned at 12:45 A.M., Thursday, August 16, 1979, to the nxt meeting date of Wednesday, August 29, 1979 at 7:00 P.M., in t e City Council Chamber for a joint meeting with Members of the P anning Commission. Respectfully submitted, ATTEST: K NNETH E. FR ESS, YOR -17- I �� fir'✓T s` • 8/15/79