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79-1107_CC_Minutes_Regular MeetingNOVEMBER 7, 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 Kenneth E. Friess, Mayor. 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; Thomas G. Merrell, Director of Community Planning and Development; Larry Lawrence, Senior Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Adjourned Regular Meeting of October 10, 1979: It was moved by Councilman Schwartze, seconded by Councilman Thorpe that the Minutes of the Adjourned Regular Meeting of October 10, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Thorpe and Mayor Friess NOES: None ABSTAIN: Councilmen Hausdorfer and Buchheim ABSENT: None Regular Meeting of October 17, 1979: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of October 17, 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 Adjourned Regular Meeting of October 24, 1979, 4:00 P.M.: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the Minutes of the Adjourned Regular Meeting of October 24, 1979, 4:00 P.M., be approved as submitted. The motion carried by the following vote: AYES: NOES: ABSENT: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess None None -1- 11/7/79 95 Adjourned Regular M It was moved by Cou that the Minutes of 1979, 8:00 P.M., be the following vote: AYES: NOES: ABSENT: eting of October 24, Gilman Buchheim, Seco the Adjourned Regular approved as submitted 1979. 8: .M.: ded by Councilman Schwartze Meeting of October 24, The motion carried by Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess None None MOTION TO READ BY TITLE ONLY It was moved by Councilman Thorpe, 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 ORAL COMMUNICATIONS 1. DRAINAGE CONDITION, 28352 PASEO ESTABLO (ALLEN) (80) Sharon Allen, 28352 Paseo Establo, requested that Glendale Federal, owner of the land behind the Allen residence, be required to install an additional drainage inlet on the adjacent Lot 5. 2. LOS RIOS IMPROVEMENTS/THE RANCH (23) Marilyn Williams, 29931 Camino Capistrano, stated that street (95) improvements in the Los Rios Area have not been completed according to specifications. Mrs. Williams also questioned the contents of the agreement with the developers of The Ranch dealing with the transfer of development rights. 3. 8319 AND 8087 (38) Judy Jamroz, 33511 Calle Miramar, President of the Meredith (85) Canyon Homeowners Association, requested that the Agenda items relating to the release of bonds and the status of slopes be taken off calendar until matters are resolved between the developer and the homeowners association. Mrs. Jamroz advised that their engineering report should be completed within one week. The City Manager advised that a meeting had been held with representatives of the homeowners association, the developer and the City; the desiltation question remains unresolved. Release of Bonds Withheld: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to withhold the exoneration of the public improvement bonds for Tract 8319 and 8087 until the status of the slopes and the desiltation basin are resolved. 4. PROPOSED DEVELOPMENT OF COLINAS DE CAPISTRANO PROJECT IN COUNTY TERRITORY (56) Bill Bathgate, 29643 Camino Capistrano, stated that drainage runoff from three canyons, which pass through his property to Oso Creek, should be of major concern in City deliberations of the Colinas de Capistrano project. Mr. Bathgate requested City support in presenting these concerns to the County. -2- 11/7/79 U69 Mayor Friess advised that the County Planning Commission will be rehearing the project, at the request of the Board of Supervisors, and that there is a need for cooperation in presenting the City's position. 5. SOLAG DISPOSAL SERVICES (45) Fred Speshyock, 30823 Calle Chueca, President of Casitas Capistrano Association No. 1, requested City assistance with litter being left during trash removal service by Solag Disposal Company. Council suggested a monitoring of the pickup service by City personnel. The Director of Public Works will communicate the concerns to the disposal company. WRITTEN COMMUNICATIONS 1. REQUEST FOR CITY ENDORSEMENT OF FAIR RENT CONTROL STANDARDS (76) It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried to receive and file the letter dated October 16, 1979, from the Apartment Association of Orange County requesting City endorsement of a constitutional amendment for fair rent control standards. 2. REQUEST FOR WAIVER OF FENCING REQUIREMENT CONDITIONAL USE PERMIT 79-5 (HOFFMAN STABLES) (39) With the concurrence of Council, Mayor Friess ordered the (93) letter received and filed from John Parker, Attorney at Law, requesting a waiver of the requirement to install solid fencing along the property line between the Hoffman Stables and Harold Ambuehl School in conjunction with Conditional Use Permit 79-5. Council noted that they had received copies of a response to Mr. Parker's letter from the Director of Community Planning and Development dated October 25. 3. FINAL PARCEL MAP 851 - REQUEST FOR DEFERRAL OF (85) Council received copies of a letter dated October 31, 1979, (93) from John Collins, Collins Diversified, 270 South Bristol Street, Costa Mesa, requesting that the requirement for payment of fees and posting of bonds be deferred until application is made for building permits for the Alpha Beta Center. Referral to Staff: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze to approve the applicant's request for deferral of payment of fees and posting of bonds until processing of building permits. It was then moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried that the above motion be tabled and the request referred to staff for report at the meeting of November 28. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 79-2 - ADDITIONAL ENVIRONMENTAL IMPACT INFORMATION (GLENDALE FEDERAL (46) Proposal: (68) Review of supplemental environmental impact information relating to public improvements, school fees, and grading quantities resulting from development of the Glendale Federal Planned Community, General Plan Amendment 79-2, and review of alternative land use plans. Written Communications: Report dated November 7, 1979, from the Director of Community Planning and Development. -3- 11/7/79 9 Exhibits were on display and Larry Lawrence, Senior Planner, made an oral presentation on the three alternates, which provide the following unit counts: Alternate A, 1201 (applicant); Alternate B, 1178 (Planning Commission); Alternate C, 1208 (staff). Mr. Lawrence also noted the differentiation between types of open space; i.e., gradable and natural, and advised that approximately two-thirds of the work program is complete. The City Manager recommended that no action be taken on the portion of the EIR dealing with schools until comment is received from the District. Councilman Thorpe requested that data be included in the report indicating the amount generated if Senate Bill 201 is enacted and including the District's view of the impact of the Glendale Federal development. Mayor Friess concurred that specific information on needs of the School District is necessary and suggested _ that a City representative attend meetings between the developer and the District. Councilman Hausdorfer complimented staff on the completeness of the report. Public Hearing: Notice having been given as required, Mayor Friess opened the Public Hearing; and, there being no response, declared the Hearing closed with the right to re -open at any time. Referral to Planning Commission: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that General Plan Amendment 79-2 be referred back to the Planning Commission for further review of the Environmental Impact Report and specifically for review of the three alternative land use plans presented. A summary of the major project impacts will be considered at a future meeting upon its completion by Ultrasystems. Mayor Friess noted that the La Novia loop road system is critical to project planning and suggested that the traffic circulation aspect be referred to the Traffic and Transportation Commission. 2. CONSTRUCTION OF VIA ESTELITA ACCESS TO TRACT 9390 (BEAR BRAND RANCH) (83) Proposal: (85) This Public Hearing was scheduled at the direction of the City Council on October 17 for receipt of public input on the construction of Via Estelita in conjunction with the development of the Bear Brand Ranch. Written Communications: (1) Report dated November 7, 1979, from the Director of Public Works; (2) Minutes of the Bear Brand Ranch Committee meeting of November 5, 1979. Public Hearing: Notice having been given, Mayor Friess opened the Public Hearing and the following persons responded: (1) Tony Bland, 31801 Via de Linda, former member of the Bear Brand Ranch Access Committee, advised that the Committee's main effort had been to eliminate through traffic from other County areas and that their recommenda- tion that access be provided through Calle Ricardo, Calle Aspero and Via Estelita is unchanged. Mr. Bland suggested that a rural road standard be developed for Via Estelita rather than a commuter road, with alignment and configuration defined following annexation of the Bear Brand Ranch property. (2) Ernie Chapman, 25961 Calle Aspero, stated that any spread of assessment district costs should cover a wide area of benefit, that construction traffic from the land sale -4- 11/7/79 M subdivision will continue for many years, that there appears to be a major discrepancy between the developer's and the City's equestrian trail and grading plans, that Via Estelita has two access points, while Calle Aspero is essentially one access. (3) Bob Lyons, intersection of Calle Aspero and Paseo Monte Vista, noted that traffic speeds will increase if Calle Aspero is widened and requested Council reconsideration of expending funds to widen the street for the benefit of another development. (4) Rowe Sanderson, 32092 Via Alicia, cited environmental impacts of road construction, the elevation of the road nine feet above grade, traffic volumes, fire access through Sacarama Road, lack of representation on the Access Committee, and stated his opposition to construction of Estelita and participation in sewer line and storm drain construction. Mr. Sanderson presented petitions signed by approximately 84 residents in opposition to the construction of Estelita Road at this time. (5) Norma Leach, Paseo Monte Vista, cited traffic speeds on Calle Aspero, stated that drivers ignore the stop sign at Calle Ricardo and Calle Aspero, and noted that the Committee found that Estelita access was appropriate. (6) Richard Spaulding, 31611 Sacarama Lane, concurred with the statements made by Mr. Sanderson. (7) Norlyn Dull, 25962 Calle Aspero, stated that grade alignments should be resolved and the findings of the Committee supported. (8) Bob Hill, President, Bear Brand Ranch, stated that the company is willing to pay its share of street construction costs; cited the benefit of construction of the storm drain, equestrian trail and Hobbs water line; the company will pay all costs of the sewer line. The Director of Public Works advised that the City has given conceptual approval of the sewer line construction within the easement. There being no further response, the Public Hearing was closed. RECESS AND RECONVENE Council recessed at 9:10 P.M., and reconvened at 9:22 P.M. Council Discussion: Mayor Friess noted that due to the reduction in the extent of the Bear Brand development, a rural road design would be acceptable. Councilman Thorpe suggested consideration of downgrade of the road design and postponement of actual construction until the need is ascertained. Staff should be directed to present design alternatives to mitigate environmental concerns. Councilman Hausdorfer noted that the original commitment to provide 3 -way access should be preserved, but Via Estelita should be designed as a narrow, rural road with an equestrian trail with no immediate construction. Councilman Buchheim concurred and suggested that decisions be reserved until completion of the Bear Brand tract. Mayor Friess recommended that Council begin review of design standards in conjunction with the project. Councilman Thorpe stated that the requirement for a road should remain. -5- 11/7/79 Mayor Friess presented a motion that the City make a commitment to a third access route through Via Estelita tied to the completion of Pepper Tree Bend Road, the precise alignment and form of the road to be determined as a result of staff studies prior to completion of Pepper Tree Bend. The motion was subsequently withdrawn. Commencement of Assessment District Proceedings/Design Alternatives: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to direct staff to commence the proceedings for the formation of an assessment district for the construction of Via Estelita and to prepare alternatives for the design of Via Estelita; further, staff is directed to retain the preservation of the rights-of-way, pursuant to the original agreements with the Via Estelita property owners. 3. REVIEW OF COUNTY ENVIRONMENTAL IMPACT REPORT ON PROPOSED EXTENSION OF JUNIPERO SERRA ROAD FROM GOLDEN LANTERN (83) Proposal: This Hearing was scheduled for review of the County of Orange proposal to amend the County Master Plan of Arterial Highways in order to extend Junipero Serra Road from Golden Lantern to Camino Capistrano, review of the draft Environmental Impact Report and proposed General Plan Amendment. Written Communications: Report dated November 7, 1979, from the Director of Public Works. Public Hearing: Notice having been given, Mayor Friess opened the Public Hearing, and the following persons responded: (1) Bill Bathgate, 29643 Camino Capistrano, requested that Council give consideration to factors beyond physical impact and impact on growth such as energy conservation, and recommended Alternate B of the County proposal which proceeds through a canyon rather than over a ridgeline. (2) Randy Williams, 29931 Camino Capistrano, supported Mr. Bathgate's statements and noted that a bridge crossing at Oso Road could be considered rather than an extension of Junipero Serra Road. (3) Fred Speshyock requested clarification. There being no further response, the Public Hearing was closed. Council Discussion: Councilman Schwartze stated that energy conservation should be considered, as well as air pollution and the financial impacts of the proposed extension. Mayor Friess noted that the developer's plans for Colinas de Capistrano do not indicate an extension of Junipero Serra Road and that he sees no benefit to the City from a road extension to serve County development needs. Councilman Buchheim and Hausdorfer concurred in opposition to the concept and with Mr. Bathgate's concerns with drainage problems. Councilman Thorpe noted the SEOCCS Study which cites a correlation between major roadway linkages and development, and noted that the EIR detail is inadequate. Inadequaciesof County Proposal: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to accept the findings of the Traffic and Transportation Commission and of the Planning Commission that the draft Environmental Impact Report submitted by the County is inadequate and the proposed County General -6- 11/7/79 100 Plan Amendment is inconsistent with the adopted policies of the City's General Plan; in addition, major concerns with drainage conditions are to be included in comments forwarded to the County. Re -affirmation of City Position on Road Alignments: It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to reaffirm the City position of concurrence with City plans indicating Junipero Serra Road joining with Alipaz Street within the City limits, an align- ment which would also be of benefit to the County in alleviating Dana Point traffic circulation. RECESS AND RECONVENE The Council recessed to Executive Session at 10:30 p.m., the City Clerk being excused therefrom, and reconvened at 11:10 p.m. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 392 - REZONE 79-4-(DOVER/LIVACICH) (85) The City Attorney read the title of the Ordinance next in order. (95) Further reading of all ordinances had been waived earlier in (55) the meeting. The Ordinance was regularly introduced at the meeting of October 17, 1979. It was moved by Councilman Buchheim and seconded by Councilman Schwartze that the following Ordinance be adopted: ORDINANCE NO. 392, REZONE 79-4 (DOVER/LIVACICH) - 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 PARCELS NOS. 50 THROUGH 66 OF REVISED TENTATIVE TRACT 10103 FROM RS (20,000) TO RS (16,000) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None 2. ADOPTION OF ORDINANCE NO. 393 - AMENDMENT TO ORDINANCE NO. 380, ESTABLISHING A MOBILE HOME PARK REVIEW BOARD (23) The City Attorney read the title of the Ordinance next in order. (55) Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was regularly introduced at the meeting of October 17, 1979. It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Ordinance be adopted: ORDINANCE NO. 393, AMENDMENT TO ORDINANCE NO. 380 - CALIFORNIA, AMENDING ORDINANCE NO. 380 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -7- 11/7/79 101 BIDS, CONTRACTS, AGREEMENTS 1. AMENDMENT TO CONTRACT FOR C. RUSSELL COOK PARK MASTER PLAN (POD, INC.) (62) Written Communications: Report dated November 7, 1979, from the Director of Recreation forwarding the recommendation made by the Parks and Recreation Commission on October 15, 1979, that an amendment be made to the contract with POD, Inc., for preparation of a final Master Plan consistent with the approved plans for the Ortega Planned Community development. At the request of Councilman Hausdorfer, lighting of the multi-purpose fields is to be included in review of the final plans. Mr. Hausdorfer also suggested consideration of providing lighting at Marco Forster School. Councilman Thorpe recommended that the final plans be a set of working drawings. Approval of Contract Amendment: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the Addendum to the Contract for the preparation of the C. Russell Cook Park Master Plan by POD, Inc., in the amount of $1600 and to authorize the Mayor and City Clerk to sign the Addendum on behalf of the City. Printing Costs: There was a consensus of Council that staff provide further report with alternatives to proposed Master Plan printing costs in the amount of $1,000. CONSENT CALENDAR It was moved by Councilman Hausdorfer 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 Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated November 7, 1979, Warrants Nos. 17911 through 18043, inclusive, in the total amount of $235,057.99, is approved as submitted. 2. APPROVAL OF CHANGE ORDER NO. 4 - MISSION BELL PARK LANDSCAPING (PLANT CONTROL CORPORATION) (38) Change Order No. 4, granting a 60 -day time extension to (62) January 25, 1980, is approved to accommodate a delay in installation of electricity for the irrigation controller. Following installation, the remaining phases of work will commence. 3. RESOLUTION, NOTICE (38) Written Communications: (85) Report dated November 7, 1979, from the Director of Public Works advising that the public improvements for Division of Land 77-4 have been completed and requesting release of bonds. -8- 11/7/79 102 Acceptance of Work: The following Resolution is adopted: UTION NO. 79-11-7-1, COMPLETION OF IMPROVEMEN'T'S — JIVISIUN Ur- I,ruvu //—e — r a•o�., aliiv.v OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - DIVISION OF LAND 77-4 The Resolution accepts the public improvements and directs the City Clerk to forward the Notice of Completion for the project to the County Recorder within 10 days. Release of Bonds: The following bonds from United Pacific Insurance are released upon expiration of 35 days from the recording of the Notice of Completion: Bond Amount Labor & Material No. U94-34-55 $161,000 Monumentation No. U94-34-57 $ 1,800 The following bonds from United Pacific Insurance are extended to November 7, 1980, at which time staff is authorized to effect release: Faithful Performance No. U94-34-54 $161,000 4. CLAIM FOR MONEY DAMAGES (CREEDON) (35) The Claim filed on October 10, 1979, by T. Keith Pocock on behalf of Toni Creedon for a fall allegedly occurring on the sidewalk on the north side of Del Obispo between Windjammer and Paseo de la Paz on July 10 or 11, 1979, is denied and referred to the City's Claims Adjuster, Carl Warren and Company, as set forth in the report dated November 11, from the City Clerk. 5. AWARD OF CONTRACT - PARRA ADOBE RENOVATION (23) The contract for renovation of the Parra Adobe is awarded to (38) the low bidder, D. W. Contracting Company of Laguna Beach, in the amount of $39,648; all other bids are rejected. The Mayor and City Clerk are authorized to sign the contract on behalf of the City. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS OF OCTOBER 4 AND OCTOBER 22, 1979 (23) Report on Commission Duties: Councilman Thorpe cited his concerns that the Traffic and Transportation Commission should be protecting the residents of the City from the affects of traffic and noted the recommendation for approval of the Dunivin project in the Los Rios area. With the concurrence of Council, Mayor Friess directed that a report be prepared for Council consideration on the charge and duties of the Commission. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to receive and file the Report of Actions taken by the Traffic and Transportation Commission at the meetings of October 4 and 22, 1979. -9- 11/7/79 103 CALLE ASPERO STREET IMPROVEMENTS (83) Council received copies of a report dated November 7, 1979, (85) from the Director of Public Works on the status of 5 bids received on September 26, 1979, for the construction of Calle Aspero Street Improvements. The low bid was submitted by Nobest, Inc., of Westminister, in the amount of $57,426. The Agreement with Bear Brand Ranch Company provides that Calle Aspero will be improved by Bear Brand with the City paying $25,000 or one-half of the cost, whichever is less. Authorization to Execute Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried that the Director of Public Works be authorized to execute the contract with Nobest, Inc., - subject to negotiations with the Bear Brand Ranch Company; City costs are not to exceed $25,000. EASEMENT DEED FOR SANITARY SEWER PURPOSES - CAMINO CAPISTRANO NEAR AVENIDA AEROPUERTO (CALIFORNIA HIGHWAY PATROL) (73) This item was removed from the Agenda at the request of the Director of Public Works. APPROVAL OF TREE REMOVAL APPLICATION, TRACT 9682 (74) Council received copies of a report dated November 7, 1979, (85) from the Director of Community Planning and Development regarding the application submitted by Bill Gardner for the removal of 35 citrus trees on Lot 2, Tract 9682, in conjunction with the construction of a single family residence off Cook Lane. Approval of Tree Removal: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to confirm the determination of the Tree Inspector in authorizing the removal of the 35 citrus trees. ADMINISTRATIVE ITEMS 1. REVIEW OF CARRYOVER ITEMS ON "TO DO" LIST (32) Written Communications: Report dated November 7, 1979, from the City Manager in response to a request by the City Council that items not be carried on the To Do List for more than six months without Council review. Councilman Hausdorfer suggested that the City hire a consultant to monitor County activities with regard to providing an airport facility in the South County; there was a consensus of Council that a report be prepared for the meeting of November 28, 1979, on the status of a Joint Powers Agreement. Council concurred with Councilman Thorpe's request that status reports be submitted with each of the items listed with the items referred to Commissions segregated from those referred to staff. 2. STATUS REPORT - MARINER VILLAGE DRAINAGE CONDITIONS (80) Written Communications: (85) Report dated November 7, 1979, from the Director of Public Works advising that $13,500 has been deposited with the City by Home Design Center as surety for the correction of drainage problems in Tracts 8593 and 8594. Dale Schlack, 33022 Driftwood Court, President of the Mariner's Village Association, expressed additional concerns with the development such as the lack of a wading pool which is shown on the original plans. -10- 11/7/79 There was a concurrence of Council that a list to the Council citing all items Association. 3. REPORT ON CITY COSTS OF MEREDITH CANYON LANDSCAPE REVIEW, TRACTS 8087 AND 8319 104 Mr. Schlack submit of concern to the (85) Written Communications: Report dated November 7, 1979, from the Assistant to the City Manager providing a breakdown of City costs in monitoring the conditions of the slope landscaping in Meredith Canyon Tracts 8087 and 8319 in the total amount of $7,440. Approval of Cost Recovery: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried that action be taken to recover the costs incurred by the City from the developer of the tracts. (69) Councilman Thorpe suggested that such recovery of City costs be included in the City Council policy manual. 4. EMPLOYEE DEFERRED COMPENSATION PLAN - INCLUSION OF MISCELLANEOUS EMPLOYEES (66) Written Communications: Report dated November 7, 1979, from the City Manager recommending that the previously adopted Deferred Compensation Plan for management employees be amended to include all miscellaneous employees, as authorized by Council. Approval of Amendment: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried that Section 3.2 of Exhibit "A" of the Deferred Compensation Plan be amended to read: "Employee shall mean any employee, official or officer of the City of San Juan Capistrano." 5. PERMANENT APPOINTMENT OF INTERIM EMPLOYEES (66) Written Communications: Report dated November 7, 1979, from David DeBeauvais, Admin- istrative Assistant, on the status of the following employees hired on an interim basis during 1979-83 budget review: Name Mark Gibson Tony Foster Gary Hannon Ed Green Elaine Tracy Tricia Ward Position Temporary Appointment Date Asst. Civil Engineer June 4, 1979 Sr. Engineering Aide June 12, 1979 Maintenance Man I July 23, 1979 Maintenance Man II August 1, 1979 Sr. Recreation Leader August 16, 1979 Secretary I September 4, 1979 Ratification of Permanent Status: It was moved by Councilman Schwartze, seconded by Councilman Hausdor£er and unanimously carried to ratify the change in status and the appointment of interim employees from Temporary to Permanent (probationary) effective September 16, 1979. CITY CLERK 1. FINAL REPORT - SECOND ANNUAL TRAIL RIDE TO CASPERS PARK (23) Written Communications: Report dated November 7, 1979, from the City Clerk/Equestrian Commission Secretary on the Second Annual Trail Ride to Caspers -11- 11/7/79 105 Park held on Sunday, Equestrian Commission for the Ride. The re Total Receipts Costs October 14, 1979, and sponsored by the . There were 181 persons pre -registered venue breakdown is as follows: $1,355.32 400.72 Net amount to be $ 954.60 designated to equestrian trail development, acqui- sition, and maintenance (36) Council commended the Commission and staff for their efforts on behalf of the Ctiy. REQUEST FOR PURCHASE OF MICROSCOPE (GOYA BLOOD BANK) (34) Written Communications: (76) Report dated November 7, 1979, from the City Clerk regarding a request received from the President of the Goya, Argentina, Blood Bank for assistance in purchasing a binocular microscope for their local clinic. (Goya has been a Sister City of San Juan Capistrano since July, 1978.) The type of microscope requested ranges in cost from $1,050 to $1,458, plus tax, shipping and conversion to 220 volts. Request for Community Participation: With Council concurrence, Mayor Friess requested that letters be sent to local service organizations requesting community participation in the purchase as a gesture of friendship to the City of Goya. CITY ATTORNEY 1. AGREEMENT FOR DEDICATION OF DEVELOPMENT RIGHTS FOR AGRICULTURAL AREA (THE RANCH) (38) Written Communications: (85) Report dated November 7, 1979, from the City Attorney forwarding a proposed Agreement with The Ranch, pursuant to the August 15, 1979, Council approval of the developer's application for a zone change. The Agreement provides for the dedication to the City of the development rights for CDP Area 16 prior to the issuance of the first residential building permit. Approval of Agreement, as Amended: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer to approve the Agreement, with the addition of a provision citing the previously -approved waiver of the payment of agricultural preservation fees, and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSTAIN: Councilman Buchheim ABSENT: None DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT FIFTH YEAR HCDA CONTRACTS (LOS RIOS AREA) (38) Written Communications (23) Report dated November 7, 1979, from the Director of Community Planning and Development forwarding operation agreements for -12- 11/7/79 106 the use of allocated funds in the amount of $290,000, pursuant to the Housing and Community Development Block Grant Program. The fifth year funds will be used for the following projects in the Los Rios Area: (1) Continuation of the loan/grant program for neighborhood housing rehabilitation: $75,000; (2) Initiation of land acquisition and development in the Planned Housing Development District (Little Hollywood section): $180,000; (3) Reconstruction of Los Rios Street between Ramos and Verdugo Streets: $35,000. There was a consensus of Council that further discussion of the Los Rios Area be held prior to spending additional funds; Mayor Friess suggested that thought be given to using Civic Center funds for Los Rios Area land acquisition. Approval of Agreements: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the Agreements between the City and the County of Orange Environmental Management Agency, Agreement Nos. C26271, C26272, and C26270, and to authorize the Mayor and City Clerk to execute the Agreements on behalf of the City. 2. REVIEW OF PROJECT IN COUNTY TERRITORY COLINAS DE CAPISTRANO (56) Written Communications: (1) Report dated November 7, 1979, from the Director of Community Planning and Development providing background information on the proposed feature plans for Colinas de Capistrano Planned Community, which consists of approximately 1,180 acres located west and north of the City limits in County territory. The feature plan was approved by the County Planning Commission on October 15, 1979, following denial of a City request for continuance; on October 17, 1979, the City Council voted unanimously to appeal the County action. (2) Letter dated November 1, 1979, from H. G. Osborne, Director of the County Environmental Management Agency stating that the project zoning regulations do not provide for appeal of a feature plan to the Board of Supervisors. (3) Letter dated November 5, 1979, from Supervisor Thomas F. Riley advising that the Board of Supervisors has requested the County Planning Commission to rehear the Colinas de Capistrano feature plan, giving special consideration to the concerns of the City, since portions of the project property lie within the City's sphere of influence. (4) Memorandum dated November 7, 1979, from Pamela Hallan, Secretary, Cultural Heritage Commission, forwarding Commission concerns expressed at the meeting of November 6th. (5) Letter dated November 1, 1979, from Douglas Nash, President, San Juan Civic Association, to the Board of Supervisors urging support of the City's request for a rehearing of the proposed project. (6) Letter dated November 4, 1979, from Teresa Heckscher, President, Town Hall Association, urging a rehearing of the project. -13- 11/7/79 10'7 (7) Letter dated November 1, 1979, from W. H. Gardner, Chairman, San Juan Committee to Preserve Ridgelines, urging a rehearing of the project. (8) Letter dated November 1, 1979, from Bruce D. Church, President, San Juan Alliance of Homeowners, urging a rehearing of the project. (9) Letter dated November 1, 1979, from Raymond T. Belardes, Juaneno Band of Mission Indians, in support of more detailed archaeological and ethnohistory studies for the project at the present phase. Continuation to November 14: There was a consensus of Council that, due to the lateness _ of the hour, the matter is to be scheduled for discussion at the meeting of November 14, 1979. 3. PROPOSED ALTERNATIVES FOR (80) Proposal: A request for an increase in density for a 4.2 -acre parcel of land located on McCracken Hill to provide a sufficient number of units to spread the cost of corrective grading necessary to develop the site. Written Communications: Report dated October 17, 1979, from Raymundo Becerra, Acting Director of Community Planning and Development forwarding the recommendation of denial made by the Planning Commission on September 11. Applicant: Bart Porter, Porter -Wilder Construction Company, 1001 Dove Street, Newport Beach. Denial of Request: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to determine that the applicant's request to increase the intensity of development on the subject property, based solely upon economic factors, is not a valid consideration in changing the approved density of the property. Bart Porter, applicant, addressed the Council and requested City assistance in forming a geological assessment district to improve drainage conditions on McCracken Hill; Mr. Porter stated that he would bond the assessment district and cited Senate Bill 411 which provides for geological hazard assessment districts. Report on Assessment District: _ There was a consensus of Council that staff report further at the meeting of November 28 with background information for discussion of a possible drainage and sewer assessment district for the area. DIRECTOR OF PUBLIC WORKS 1. BUDGET REVISION FOR MODIFICATION TO TREATMENT PLANT, PROJECT COMMITTEE NO. 7-A (SERRA) (79) Written Communications: Report dated November 7, 1979, from the Director of Public Works regarding a proposed change order in the amount of $66,081 and a City share of $18,357 for improvements to the SERRA Treatment Plant. -14- 11/7/79 Approval of Budget Revision: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the Project Committee No. 7-A change order expenditure of $66,081 for paving and installation of a retaining wall and to approve the City's budget obligation of $18,357. 2. PROCESSING AND DISPOSAL OF SEWAGE SLUDGE, SERRA TREATMENT PLANT - URGENCY AUTHORIZATION (79) Written Communications: Report dated November 7, 1979, from the Director of Public Works advising that it may be necessary to enter into an agreement with the Orange County Sanitation District on an emergency basis to provide for the disposal of sludge from the SERRA Treatment Plant at the Coyote Canyon Landfill in Irvine. Approval of Authorization: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to authorize the Director of Public Works to provide for the disposal of SERRA Treatment Plant sludge in the event of an emergency situation and to make financial commitments therefor. 3. EQUESTRIAN TRAIL REALIGNMENT, TRACT 6381 ira r. rannrnvo nv+Tr=nnxiommI (23) Written Communications: (85) Report dated November 7, 1979, from the Director of Public Works regarding the grade of the equestrian trail on the southerly boundary of Tract 6381 adjacent to The Ranch. Mayor Friess noted that fence barriers within the easement would channelize use into a switchback pattern to prevent horses from following a steep, downward slope and suggested that consideration be given to posting trails as "advanced" and "intermediate." Approval of Fence Construction: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the installation of fencing within the existing equestrian easement of Tract 6381 to encourage angular traversing of the slope. 4. PROPOSED TRASH CLEAN-UP PROGRAM (45) Written Communications: Report dated November 7, 1979, from the Director of Public Works providing additional information on the proposed annual City-wide clean-up program for the disposal of household items not ordinarily collected by the City's disposal service company. Referral to Homeowners Associations: There was a consensus of Council that the report is to be presented for consideration at the next meeting with the Presidents of the City's homeowner associations. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETINGS OF OCTOBER 23 AND 30, 1979 (67) It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried that the Report be received and filed. -15- 11/7/79 199 TRAFFIC AND TRANSPORTATION COMMISSION 1. REPLACEMENT OF TRAFFIC SIGNAL CONTROLLERS, ORTEGA HIGHWAY AT DEL OBISPO AND CAMINO CAPI' (82) Written Communications: (24) Report dated November 7, 1979, from George Alvarez, Secretary, Traffic and Transportation Commission, forwarding the Commission recommendation that two traffic signal controllers on Ortega Highway be replaced due to ongoing maintenance problems. Approval of Recommendation and Budget Amendment: It was moved by Councilman Buchheim, seconded by Mayor Friess and unanimously carried to approve the replacement of the traffic signal controllers on Ortega Highway at its intersections with - Camino Capistrano and Del Obispo Street and to approve an amendment to the 1979-80 Capital Projects Budget in the amount of $24,000. COUNCIL REMARKS AND COMMITTEE REPORTS 1. TRANSPORTATION - CITY BUS SYSTEM (88) Councilman Thorpe suggested that Council consider implementation of a City loop bus system; Councilman Schwartze suggested that the Orange County Transportation Commission be requested to make a presentation. (27) There was a consensus of Council that the matter be scheduled for Council discussion with the letter dated November 15, 1979, from the Director of the State Department of Transportation advising that Business and Transportation discretionary funds are available for special public transportation needs. 2. PERSONNEL - CONSULTANT SERVICES FOR ANALYSIS OF CITY RETIREMENT SYSTEM (66) Approval of Consultant Services: (37) It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to authorize the expenditure of $500 from the Council Contingency budget for consultant services for an analysis and review of the City retirement system and report to Council. 3. CONSULTANT SERVICES (GLENDALE FEDERAL PROJECT (37) It was moved by Councilman Thorpe, seconded by Councilman (46) Schwartze and unanimously carried to retain Yvon O. Heckscher for one hour of consulting services in relation to the Glendale Federal project, the fee to be charged to the City Council Legislative Assistant fund. 4. CITY COUNCIL MEETING SCHEDULE (32) With the concurrence of Council, Mayor Friess scheduled a meeting for Wednesday, December 12, 1979, with members of the City's commissions and boards for a discussion of general planning issues and parks issues. 5. ALTERNATIVE SITE FOR VEHICLE STORAGE YARD, LOS RIOS AREA (DUNIVIN) (23) Councilman Thorpe requested that City staff actively seek an alternate site for relocation of the Dunivin vehicle storage yard currently located in the Los Rios area. 6. REQUEST FOR RECONSIDERATION OF DEVELOPMENT OF ROUTE "E" (85) Mayor Friess requested that staff respond to the letter (61) dated October 29, 1979, from the Meredith Canyon Community -16- 11/7/79 110 Association requesting Council reconsideration of development and construction of Route "E" within Tract 9784. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:50 a.m., Thursday, November 8, 1979, to the next meeting date of Wednesday, November 14, 1979 at 7:00 P.M., in the San Juan Hot Springs Dance Hall. ATTEST: KENNETH E. FRIE S, aYOR Respectfully submitted, BTU/_� _ 1 - —�'r n-'almn \ i • • -17- 11/7/79