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79-0919_CC_Minutes_Regular Meeting42 SEPTEMBER 19, 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 Councilman Gary Hausdorfer. 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: E. Phillip Hale, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Adjourng ed Rer Meeting of August 29, 1979: It was moved byulaCouncilman Schwartze, seconded by Councilman Hausdorfer that the Minutes of the Adjourned Regular Meeting of August 29, 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 September 5, 1979: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of September 5, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilman Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Thorpe 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- 9/19/79 43 ORAL COMMUNICATIONS 1. CONSTRUCTION NOISE, PACIFIC TELEPHONE BUILDING ADDITION (72) Mike Corbett, 32781 Avenida Descanso, read a letter signed by nine residents stating that construction of an addition to the telephone company building on Camino del Avion has repeatedly started prior to 7:00 A.M. and has also occurred on Sundays in violation of the Land Use Management Code. Mr. Corbett requested City assistance in bringing the contractor into compliance with noise control regulations. The Director of Public Works confirmed the occurrences and advised that an inspector is scheduled to be at the site at 7:00 A.M., on September 20 and will stop the work if there is any activity before that time. Council concurred with the proposed action and it was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried that if there are any further viola- tions, a Stop Work Order is to be issued, said Stop Work Order to be lifted by Council action only. WRITTEN COMMUNICATIONS 1. PETITION FOR APPROVAL OF DIAGONAL PARKING (CAM TTTATT ODF'T V AMWT.VMT0 / TTTDi (72) Council received copies of a letter dated August 30, 1979, (64) from Thomas W. Murphy, General Manager, San Juan Creek Athletic Club, forwarding a petition with approximately 250 signatures in support of diagonal parking in front of the Club at 33061 Camino Capistrano. 2 The Director of Public Works advised that adequate parking exists on the site and that parallel parking signs are to be installed on Camino Capistrano in compliance with regula- tions for arterial highways. It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to receive and file the letter and petition and to direct staff to proceed with the "parallel parking" signing program. T FOR (76) Council received copies of a letter dated August 30, 1979, from Raymond T. Belardes, Spokesman for the Juaneno Band of Mission Indians, P. O. Box 1382, San Juan Capistrano, requesting receipt of copies of all EIR's processed by the City and notices of all City Council and Planning Commission hearings. An additional letter was received from Mr. Belardes dated September 15 and authorizing Marie Patterson to speak in his behalf. Mrs. Patterson advised that the Band's intent is to evaluate properties and provide input on ethno-archaeological findings early in the EIR process. Environmental Impact Reports: There was a consensus of Council that the Band receive information on EIR's at the time of writing with an invitation to submit comment for inclusion in the Reports. Agenda Mailing/Waiver of Fees: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried that the Juaneno Band be added -2- 9/19/79 to the mailing lists Agendas and that the waived. 3. REQUEST FOR �� of City Council and Planning Commission payment of fees for such mailing be TO LAND CODE G (25) Council received copies of the following correspondence: (55) (1) Letter dated September 11, 1979, from Pacific Soils Engineering, Inc., 17909 Fitch, Irvine, 92714, recom- mending revision of Section 4.1.12b of the Land Use Management Code to eliminate requirements for con- struction of interior down drains in all slopes due to stability hazards. (2) Letter dated September 11, 1979, from the Association of Engineering Geologists, Box 4215, Glendale 91292, in support of the requested Code revision. Referral to Planning Commission: There was a consensus of Council that the information be forwarded to the Planning Commission for review and recom- mendation. 4. TENTATIVE PARCEL MAP NO. 851 - REQUEST FOR RECONSIDERATION (85) Council received copies of a letter dated August 28, 1979, from John Collins, developer of the Alpha Beta Shopping Center, requesting reconsideration of the Tentative Parcel Map denial. Hearing Date: It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried that a Public Hearing be scheduled for the Council meeting of October 17, 1979, on the proposed land division. PUBLIC HEARINGS 1. ZONE VARIANCE 79-14 - APPEAL OF PLANNING COMMISSION (92) Proposal: An appeal of the August 14th Planning Commission denial of Zone Variance Request 79-14, the construction of a 6 -foot high fence along the front and side property lines at 31583 Aguacate Road. Applicant: Ray Fulcher, 31583 Aguacate Road. Written Communications: Report dated September 19, 1979, from the Director of Community Planning and Development. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: (1) Dave Colg, representing the applicant, submitted photographs for Council review and copies of letters from 4 neighboring residents in support of the variance request. Mr. Colg cited special findings in support of the request, including smaller lot size, mature trees, cost of the fence and the private street; the preserva- tion of privileges enjoyed by others such as possible tree removal; and public welfare; and noted that the neighbors are not opposed to the fence. -3- 9/19/79 There being no further response, Mayor Friess closed the Public Hearing. of Zone Variance, With Condition: it was movea by Councilman Hausdorfer and seconded by Councilman Schwartze to approve Zone Variance request 79-14 with the condition that the trees at the intersection of Aguacate Road and Sacarama Road be trimmed to improve visibility. The motion carried by the following vote: AYES: Councilman Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: None Report on Variance Requests: Council concurred with Councilman Schwartze that staff provide a report within the next two months on the types of variance requests received most frequently and whether they have been approved or denied for consideration of possible amendments to the Code. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 389 - ISE FEES (43) The City Attorney read the title of the Ordinance next in (55) order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was regularly introduced at the meeting of September 5, 1979. It was moved by Councilman Buchheim and seconded by Councilman Schwartze that the following Ordinance be adopted: ORDINANCE NO. 389, AMENDING ORDINANCE NO. 149, FRANCHISE FEE (TM COMMUNICATIONS) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 14 OF ORDINANCE NO. 149, AN ORDINANCE GRANTING TM COMMUNICATIONS A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE The motion carried by the following vote: AYES: Councilman Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 2. ADOPTION OF ORDINANCE NO. 390 - (43) The City Attorney read the title of the Ordinance next in (55) order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was regularly introduced at the meeting of September 5, 1979. It was moved by Councilman Buchheim and seconded by Councilman Hausdorfer that the following Ordinance be adopted: ORDINANCE AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 5, OF ORDINANCE NO. 333, AN ORDINANCE GRANTING STORER CABLE TELEVISION, INC., A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE -4- 9/19/79 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: Councilman Schwartze ABSENT: None 3. RESOURCE EXTRACTION FEES INTRODUCTION OF ORDINANCE NO. 391 (55) Proposal: Establishment of mineral extraction fees to compensate the City for the exploitation and removal of natural resources from the community. Written Communications: Report dated September 19, 1979, from the Director of Community Planning and Development forwarding a proposed ordinance and fee schedule resolution. Mayor Friess requested information on the approximate value of sand and gravel per ton in order to evaluate the proposed fee schedule; Councilman Thorpe suggested the fees may be too low. Introduction of Ordinance No. 391: 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 Hausdorfer and seconded by Councilman Schwartze that the following Ordinance be introduced: ORDINANCE NO. 391, MINERAL EXTRACTION FEES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REGULATING AND ESTABLISHING THE PERMITS AND FEES REQUIRED FOR THE EXTRACTION OF MINERALS AND SUPPLEMENTING ORDINANCE NO. 25 AND NO. 365 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The proposed Resolution will be resubmitted at the time of adoption of the Ordinance. RESOLUTIONS 1. ANNUAL REQUALIFICATION - ARTERIAL HIGHWAY FINANCING PROGRAM (44) Proposal: A request to the County of Orange for requalification in the Arterial Highway Financing Program. At present the only inconsistencies between the City Master Plan of Streets and Highways and the County's Master Plan are the extension of Junipero Serra from Alipaz Street to Golden Lantern and Horno Creek Road from La Pata to Rancho Viejo Road. A task force has been appointed to study the proposed extensions and, following completion of the study in 1980, a recommendation will be made to the Board of Supervisors. -5-- 9/19/79 4'7 Written Communications: Report dated September 19, 1979, from the Director of Public Works. Approval of Requalification Request: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following Resolution requesting the County of Orange to include the City in the County Arterial Highway Financing Program be adopted: RESOLUTION NO. 79-9-19-1, ARTERIAL HIGHWAY FINANCING PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING ANNUAL REQUALIFICATION FOR PARTICIPATION IN THE COUNTY'S ARTERIAL HIGHWAY FINANCING PROGRAM The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 2. APPROVAL OF MASTER PLAN OF WASTEWATER FACILITIES AND REPEAL OF RESOLUTION NO. 71-8-23-1 (79) Proposal: Approval of a revised, updated General Plan Waste Disposal Element report titled "Master Plan of Wastewater Facilities." The Planning Commission recommended approval on September 11, 1979. Written Communications: Report dated September 19, 1979, from the Director of Public Works forwarding the report and a resolution of approval. Approval of Plan: It was moved by Councilman Buchheim and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 79-9-19-2, APPROVING MASTER PLAN OF WASTEWATER FACILITIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE MASTER PLAN OF WASTEWATER FACILITIES OF THE CITY OF SAN JUAN CAPISTRANO AND REPEALING RESOLUTION NO. 71-8-23-1 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 3. SUPPORTING SENATE BILL 823 - STOCK COOPERATIVES (51) Proposal: Support of Senate Bill 823, authored by Senator Petris, which would bring stock cooperative conversions under the provisions of the Subdivision Map Act. Cities would then have the authority to disapprove the conversion of apartments to stock cooperatives if such plans would adversely affect the supply of low and moderate income housing in the community. 9/19/79 V4J Written Communications: Report dated September 19, 1979, from Loretta Zimmerman, Assistant to the City Manager, forwarding a proposed resolution of support. Approval of Support: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following Resolution be adopted: NO. 79-9-19-3, SUPPORTING SENATE BILL 823 - STOCK COOPERATIVES - A RESOLUTION Uk'THE UITY UUUNUIJ, U THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING SENATE BILL 823, STOCK COOPERATIVES The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None (69) Proposed Policy Statement, Conversion of Apartments: There was Council concurrence with the suggestion of Councilman Thorpe that the City Attorney draft a policy statement for consideration by the Planning Commission for interim use pending legislative action on Senate Bill 823, including a disclaimer that conversion of apartments to condominiums, stock cooperatives, etc., shall not occur in any situation where such conversions were not anticipated at the time of project approvals. BIDS, CONTRACTS, AGREEMENTS 1. MONTANEZ ADOBE - AWARD OF BID FOR LANDSCAPE SERVICES (23) Written Communications: Report dated September 19, 1979, from Pamela Hallan, Secretary, Cultural Heritaae Commission. Award of Bid: It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to award the bid for landscape services at the Montanez Adobe to the low bidder, South Coast Landscape Services of Mission Viejo, in the amount of $2,980, and to reject all other bids received. The project includes weeding, pruning, clean-up, and removal of ivy. On-going maintenance will be assumed by the City. 2. RESTORATION OF PARRA ADOBE - APPROVAL OF PLA 10"y (23) Written Communications: Report dated September 19, 1979, from Pamela Hallan, Secretary, Cultural Heritage Commission. Approval of Plans: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the plans and specifications and authorize a call for bids of the Parra Adobe, a building listed on the Register of Historic Places. for restoration National -7- 9/19/79 49 CONSENT CALENDAR It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze 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 September 19, 1979, Warrants Nos. 17618 through 17717, inclusive, in the total amount of $149,331.77, is approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF AUGUST 31, 1979 (41) The City Treasurer's Report of Investments as of August 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 August 31, 1979, is approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF JULY 31, 1979 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the 1 -month period ending July 31, 1979, is approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF (23) The Report of Actions taken by the Cultural heritage Commission at the meeting of September 4, 1979, is ordered received and filed. 6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF SEPTEMBER 11, 1979 (23) The Report of Actions taken by the Equestrian Commission at the meeting of September 11, 1979, is ordered received and filed. 7. APPROVAL OF EXTENSION OF TIME - MISSION BELL PARK LANDSCAPING (PLANT CONTROL CORPORATION) (62) A 60 -day extension of time to November 27, 1979, is approved for completion of the Mission Bell Park landscaping project by Plant Control Corporation to allow time for the plants to become established. 8. ACCEPTANCE AND QUITCLAIM OF EASEMENT DEEDS FOR (85) The two easement deeds from the Fredricks Development Corporation (73) for equestrian purposes over Lots 31 and 35-43 of Tract 6381 are accepted. The quitclaim deed from the City to Fredricks Development Corporation for a 20 -foot equestrian easement over -8- 9.19.79 50 portions of Lots 31 and 35-43 is approved. The deeds are necessary for relocation of the equestrian trails due to the improvements of the Mission Hills equestrian facility in Tract 6381 and a minor trail modification, as set forth in the report dated September 19, 1979, from the Director of Public Works. 9. STATUS REPORT - NATIONAL FLOOD INSURANCE ACT (89) The document entitled "Flood Insurance Study, City of San Juan Capistrano," which establishes areas subject to flood in a 100 -year storm, as well as flood insurance zones, is received and filed. No action is required at this time, as noted in the report from the Director of Public Works dated September 19, 1979. 10. AUTHORIZATION TO RECEIVE PROPOSALS - MONTANEZ ADOBE (23) Staff is authorized to receive proposals for the restoration of the Montanez Adobe, as set forth in the report dated September 19, 1979, from Pamela Hallan, Secretary, Cultural Heritage Commission, which forwards the Request for Proposals for the restoriation of the Adobe and a detailed cost breakdown. REPORT OF PLANNING COMMISSION MEETING OF SEPTEMBER 11, 1979 (67) Following clarification that Tract 9339 would be heard by Council, it was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to receive and file the Report of Actions taken by the Planning Commission at the meeting of September 11, 1979. Councilman Thorpe requested receipt of comparative statements on apartment and minimum use when the item is submitted to Council. REQUESTS FOR CERTIFICATES OF USE AND OCCUPANCY, TRACT 7616 (HOME DESIGN CENTER) (25) Following clarification, it was moved by Councilman Hausdorfer, (85) seconded by Councilman Buchheim and unanimously carried to approve the request for phasing of occupancy, as follows: Phase I - Lots 7-18; Phase II - Lots 19-27. Upon completion of the public improvements and landscaping, the Director of Public Works is authorized to issue Certificates of Occupancy for Phase I, as set forth in the report dated September 19, 1979, from the Director of Public Works. ADMINISTRATIVE ITEMS CITY MANAGER 1. CLARIFICATION OF CITY COMMISSION AND BOARD STATUS (67) Written Communications: (23) Report dated September 19, 1979, from the City Manager, requesting that Council consideration of a proposed expansion of the Planning Commission and proposed appointments of a Councilman and Planning Commissioner to the Environmental Review Board be held over to the meeting of October 3. Mayor Friess requested that Council take action to clarify the status of membership on the City's various Commissions and Boards. It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried that no Commission, on-going Committee or Board is to be terminated, eliminated or combined for a period of at least six months and that no such action will be taken by the City Council without prior public discussion. -9- 9/19/79 5 Council further clarified that the Council aim is to evaluate the entire development review process to improve efficiency and that there is no intent to alter the goals of the City. 2. COUNCIL POLICY FOR ISSUANCE OF OCCUPANCY PERMITS (69) Written Communications: (25) Report dated September 19, 1979, forwarding a formal policy statement for the issuance of Use and Occupancy Permits, as directed by Council on September 5, 1979. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to adopt the following policy: "SUBJECT EFFECTIVE DATE PAGE Issuance of Use and September 19, 1979 1 of 1 Occupancy Permits "It is a policy of the City Council that Staff shall forward for Council consideration requests for Use and Occupancy Permits under the following conditions: (1) If all of the public improvements in the entire tract or previously approved phases have not been completed; and/or (2) If all of the landscaping and slope improvements in the entire tract or previously approved phases have not been completed; provided that all other requirements for such Permits have been met or progressed to a state of completion satisfactory to staff. "Staff shall have the authority to issue Use and Occupancy Permits in tracts if all of the public improvements and required landscaping and slope improvements in the entire tract or previously approved phases have been completed, and all other requirements have progressed to a state of completion satis- factory to staff." 3. REQUEST FOR FUNDING (THE SHELTER, SOUTH ORANGE COUNTY) (76) Written Communications: Report dated September 19, 1979, from Loretta Zimmerman, Assistant to the City Manager, forwarding the budget for the South Orange County Shelter and advising that the request received on September 5 is for funding in the amount of $2,800 which represents one-third of the facility's annual rental cost at 508 St. Ann's Place, Laguna Beach. The Shelter provides care and counseling for adolescents in a crisis situation. The Director of Administrative Services advised that the Board of Supervisors has approved funding for an additional month. Approval of Contingent Funding: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to approve funding for The Shelter in the amount of $2,800, payable from the General Fund, subject to the Shelter's loss of funding by the County. CITY ATTORNEY 1. REOUEST FOR ACCEPTANCE OF DEDICATION OF ALLEY (85) Written Communications: Report dated September 19, 1979, from the setting forth alternative procedures for City Attorney enforcement of -10- 9/19/79 parking violations in a stretch Capistrano Villas development. 20' by 200' in size and is the remains in private ownership. of alleyway within the The alley is approximately only alley section which 52 Approval of Dedication: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve acceptance of the dedication of the private alley within Lot 5 of Tract 7194. The documents will be prepared for formal acceptance at a later date. Mr. William Foreman, representing Capistrano Villas, expressed his appreciation for the Council action. ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES 1. HOME CONTRACT 9578 (85) Written Communications: (49) Report dated September 19, 1979, from the Director of Administrative Services forwarding the request of the American National Group, 405 South Beverly Drive, Beverly Hills, for approval of a five-year Gama Guard New Home Service Contract in lieu of the City Home Warranty Program for the Country Hills development, Tract 9578. City Ordinance No. 294 provides that a seller may be exempted from the Home Warranty Program if comparable warranty protection is provided and approved by the City Council. Conditional Approval of Exemption: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the exemption of the Gama Guard New Home Service Contract for Tract 9578, Country Hills, provided the developer agrees to cover the $100.00 deductible for the first three years of the 5 -year contract. It was clarified that in this manner the contract would be an acceptable alternative to the City Home Warranty Program, with the addition of a 2 -year period of time during which the homeowner would be liable for the $100 deductible provision. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT - MEREDITH CANYON (85) Written Communications: Report dated September 19, 1979, from the Director of Community Planning and Development regarding the current status of landscaping repairs. It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried that the report be received and filed. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. INITIATION OF SANITARY TRE (79) Written Communications: Report dated September 19, 1979, Works providing a preliminary ti expansion of the SERRA Treatment 1.5 mgd capacity. The Director EXPANSION from the Director of Public me schedule for proposed Plan to provide an additional of Public Works advised that -11- 9/19/79 5 the proposed capacity increase would accommodate the General Plan population estimate of 42,000 and could be in service by January of 1984. Initiation of Plant Expansion: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to initiate the expansion process for the SERRA Treatment Plant to increase the City's capacity by 1.5 mgd, for a total City capacity of 4.0 mgd. 2. REQUEST FOR DEFERRAL OF FEES PARCEL MAP 853 (HOBBS) (85) Written Communications: (93) Report dated September 19, 1979, from the Director of Public (76) Works forwarding a letter dated August 30, 1979, from Gary Hobbs requesting deferral of payment of Parks and Recreation fees and Sewer Connection fees in conjunction with Tentative Parcel Map 853 in the total amount of $3,660. Denial of Request: It was moved by Councilman Schwartze and seconded by Councilman Thorpe to deny the request for deferral of specified development fees in conjunction with Parcel Map 853. The motion carried by the following vote: AYES: Councilmen Schwartze, Thorpe, Buchheim and Mayor Friess NOES: Councilman Hausdorfer ABSENT: None REQUEST FOR APPROVAL OF OVERHEAD UTILITY INSTALLATIONS (90) Written Communications: Off -agenda report dated September 18, 1979, from the Director of Public Works requesting approval of the installation of the following overhead utility lines: (1) St. Margaret's Episcopal Church school within the area of the Ortega Properties development and adjacent to Sun Hollow. The request is for approval of temporary telephone poles and lines for a 2- to 3 -year period of time and is submitted by Pacific Telephone Company. (2) Temporary street light at the southeast corner of Camino Las Ramblas and Via California, pending instal- lation of a permanent traffic signal and underground service to be provided by the Landolf development, for traffic safety purposes. Approval of Utility Installations: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the installation of the overhead telephone service for the St. Margaret's Episcopal Church school and the electrical service for the street light at Camino Las Ramblas and Via California. A letter is to be directed to the President of the Sun Hollow Homeowners Association advising of the action taken and further advising that if there is an objection on the part of the Association, Council will give further consideration to approval of the temporary installation of telephone service to the Church school. TREE REMOVAL APPLICATION (74) Written Communications Off -agenda report from the Director of Community Planning and Development dated September 19, 1979, recommending approval -12- 9/19/79 54 of the removal of six trees on the north side of Ortega Highway at Avenida Siega. It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer to confirm the determination of the Tree Inspector in approval of the removals. The motion failed to carry, and there was a consensus of Council that the matter be scheduled for the regular Council meeting of October 3. Councilman Thorpe noted his concerns with off -agenda items due to the lack of public notice. RECESS AND RECONVENE Council recessed at 8:52 P.M., and reconvened at 9:00 P.M. COUNCIL REMARKS AND COMMITTEE REPORTS 1. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE/ (61) Councilman Hausdorfer advised he would be unable to attend the upcoming League of California Cities Conference and suggested that another member be appointed as the City's Alternate Voting Delegate. Appointment of Delegate: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried that Councilman Buchheim be appointed as the Alternate Voting Delegate at the League Conference. 2. PROPOSED EXTENSION OF JUNIPERO SERRA ROAD (44) Councilman Buchheim noted the County proposal for an extension of Junipero Serra Road; the Director of Public Works advised that the City had received notice on Friday, September 14, with a request for comment by October 11. With the concurrence of Council, Mayor Friess directed that a letter to the Board of Supervisors be drafted by the Director of Administrative Services recommending that the dates be extended due to the unreasonable time constraints and the lack of time for receipt of public comment and/or holding of public hearings. 3. TRASH COLLECTION AND CLEAN-UP PROGRAM (45) Councilman Thorpe requested that staff contact the trash collection contractor regarding the implementation of a spring and fall special cleanup program for residents. The Director of Public Works is also to contact the contractor for a discussion of means of alleviating damage to and/or loss of residents' trash receptacles during regular pickup service. 4. PRIMA DESHECHA SANITARY LANDFILL SUNDAY CLOSURE (45) Councilman Schwartze suggested that a letter be written to the County Board of Supervisors regarding the proposal to close the County dump facilities on Sundays. Council concurred that a letter be written urging that the Prima Deshecha facility be kept open on Sundays due to problems anticipated in the City. Further, if the County dumps are closed on Sundays, the County is to be requested to provide Sheriff patrol service to avoid unauthorized dumping. It was also noted that the community is served best by having the facilities open on weekends. -13- 9/19/79 55 5. SAND AND GRAVEL OPERATION IN SAN JUAN CREEK (39) Councilman Thorpe requested a report from staff on County action with regard to a permit for sand and gravel removal in San Juan Creek at the City limits and the City relation- ship thereto. It was suggested that staff prepare a process for dealing with such operations. 6. SAN JUAN CREEK ROAD - TRAFFIC STRIPING (87) Council concurred with Councilman Thorpe's request that restriping of San Juan Creek Road for safety purposes be placed on the Council Agenda of October 3 or October 17 for consideration. 7. MEETING SCHEDULES (74) There was a consensus of Council that the following meetings (87) be scheduled: (44) (1) Public Works Employees: Council will meet with all Public Works employees at 4:00 P.M., October 24, 1979, for the purpose of receiving input on staff perceptions of problems in the day-to-day operation of the City. (2) Circulation Workshop: A workshop on traffic circulation will be held at 7:00 P.M., October 24, 1979; staff is to provide maps, traffic flow charts, current and projected projects, and identification of areas of potential street widening. 8. PROPOSED LEASE OF SCHOOL DISTRICT PROPERTY (78) Councilman Thorpe advised that the School District had considered the City's proposal for joint use of the Capistrano High School site on September 17 and had declined the City proposal. There was a concurrence of Council that consideration of the original lease proposal from the School District be placed on the Agenda of October 3 for Council consideration. 9. HARRISON HOUSE - NATIONAL REGISTER DESIGNATION (23) Mayor Friess advised that the Harrison House had been placed on the National Register of Historic Places. 10. LEGISLATIVE PRESENTATION (51) Mayor Friess advised that Assemblywoman Marian Bergeson will address the Council on October 3 to discuss issues of State and City concern. Mayor Friess requested press coverage of the presentation. EXECUTIVE SESSION Council recessed to Executive Session at 9:33 P.M., the City Clerk being excused therefrom and reconvened at 10:00 P.M. following discussion of a legal matter. ADJOURNMENT There being no further business before the Council the meeting was adjourned at 10:02 P.M., to the next regular meeting date of Wednesday, October 3, 1979, at 7:00 P.M., in the City Council Chamber. ATTEST: /X—ENN ETH E. R ESS MAYOR Respectfully submitted, -14- 9/19/79