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79-1128_CC_Minutes_Adjourned Regular Meeting116 NOVEMBER 28, 1979 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Friess at 7:02 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Homer Waisner, Jr., Ocean Hills Community Church. ROLL CALL PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem Phillip R. Schwartze, Councilman James F. Thorpe, Councilman ABSENT: Lawrence F. Buchheim, Councilman STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Cheryl Johnson, Deputy City Clerk. MINUTES Regular Meeting of November 7, 1979: It was moved by Councilman Schwartze, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of November 7, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, and Mayor Friess NOES: None ABSENT: Councilman Buchheim Adjourned Regular Meeting of November 14, 1979: It was moved by Councilman Schwartze, seconded by Councilman Thorpe that the Minutes of the Adjourned Regular Meeting of November 14, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Thorpe and Mayor Friess NOES: None ABSTAIN: Councilman Hausdorfer ABSENT: Councilman Buchheim MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe that all Ordinances be read by title only. The motion carried by the following vote: AYES: NOES: ABSENT: Councilmen Hausdorfer, Schwartze, Thorpe, and Mayor Friess None Councilman Buchheim -1- 11/28/79 11"7 ORAL COMMUNICATIONS 1. REQUEST TO ALLOW BANNER - FISH AND CHIPS STORE (25) Ralph Letizia, 31955 Paseo de Elena, owner of the Fish and Chips store on Camino Capistrano, advised Council of his feelings that the placement of signs at the Mission Hacienda development is inadequate, and requested permission to hang a temporary banner until his application for a new sign is either approved or disapproved by the Architectural Board of Review. Following discussion, it was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to deny the request for a banner and to direct that the sign application proceed through the normal channels. 2. TRANSFER OF DEVELOPMENT RIGHTS (68) Marilyn Williams, 29931 Camino Capistrano, requested that her letter regarding transfer of development rights, delivered to the Council on November 21st, be agendized at an early date. Mayor Friess advised that the subject would be discussed at the meeting of December 19, 1979. 3. MEREDITH CANYON LANDSCAPING (85) Judy Jamroz, 33511 Calle Miramar, President of the Meredith Canyon Community Association, submitted a copy of the Association's soils engineering report to the Director of Public Works. Mrs. Jamroz requested to meet with the Building Department to review the soils report; suggested that responsibility for repair of the slide above the bench drain, as noted in the report, be determined; and, requested that bond release continue to be withheld. With regard to the de -silting basin, Mr. Murphy advised that a letter setting forth responsibility will be forwarded to Mrs. Jamroz as soon as possible. 4. GIDDINGS FRUIT STAND (92) Richard Giddings, 28341 Ortega Highway, requested permission to address Council during consideration of his request for granting of a zone variance for the fruit stand. 5. WAGON WHEEL STABLES (38) Wanda Jacobs, owner of the Wagon Wheel Stables at 28332 Ortega Highway, advised that the required landscaping, installation of electricity to the stable, and repair of the damaged asphalt driveway has not yet been completed by the Maurer Company. Staff was directed to insure developer compliance in this situation as soon as possible. WRITTEN COMMUNICATIONS 1. REQUEST FOR ASSISTANCE WITH DRAINAGE CONDITIONS, MARINERS VILLAGE HOMEOWNERS ASSOCIATION (80) Council received copies of a letter dated October 24, 1979, (85) from Kenneth F. Bethmann, President of Mariners Village Homeowners Association, requesting assistance with drainage problems in the development. The Director of Public Works advised that meetings have been held with the Association to discuss possible corrections and that a report from the Association's engineer will be forthcoming. -2- 11/28/79 2 Andy Ellison, 31121 Southwind Court, noted that development site plans had shown a wading pool and volleyball courts that have not been constructed. With the concurrence of Council, Mayor Friess requested the Director of Community Planning and Development to clarify the issue. T FOR INCLUSION IN GENERAL Mo= (46) In response to a letter dated November 13, from William Zell, State Department of General Services, it was moved by Councilman Hausdor£er, seconded by Councilman Thorpe and unanimously carried to include the following for consideration in General Plan Amendment 80-1: (1) the request for a zone change to allow a Department of Motor Vehicles office on property located on the north side of San Juan Creek Road near the freeway; and, (2) the vacant Schauwecker property located on the north side of San Juan Creek Road east of the tennis courts. 3. REQUEST FOR ZONE VARIANCE (GIDDINGS FRUIT STAND) (92) Council received copies of a letter dated November 14, 1979, from Richard Giddings, requesting granting of a zone variance to allow the owners to commence improvements required by the Health Department. Richard Giddings advised that the fruit stand has been cited for operating without a health permit and has been closed down; that in order to re -open, certain improvements are needed which require a rezone of the property. ' Following discussion, and with the concurrence of Council, Mayor Friess directed that upon receipt of a rezone application from Mr. Giddings, staff forward a letter to the District Attorney advising that the compliance process has begun 4. REQUEST FOR PERMISSION TO SELL BEER AND WINE (VERMEULEN RANCH MARKET) (27) Council received copies of a letter dated October 30, 1979, (68) from Charles Vermeulen, requesting permission to sell beer and wine at the Vermeulen Ranch Market, and that his application for expansion of the market be reactivated. With the concurrence of Council, Mayor Friess directed that the request be agendized for a future meeting for consideration with the rezone process for expansion of the Ranch Market. ORDINANCES 1. INTRODUCTION OF ORDINANCE NO. 394 - AMENDMENT TO ORDINANCE NO. 235 (SAFETY STANDARDS FOR MOBILE FOOD PREPARATION VEHICLES (26) Written Communications: (55) Report dated November 28, 1979, from the Director of Public ' Works, forwarding amendments to Ordinance 235 to include mobile food preparation vehicle safety standards. The amendment is necessary to maintain County -wide uniformity and applicability of the County safety standards, which were recently amended to include the safety standards. 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 and seconded by Councilman Hausdorfer that the following Ordinance be introduced: -3- 11/28/79 119 INANCE NO. 394. ISSUANCE OF PERMITS FOR AND AEUU11A'1'1U1V Ur 11 UUL riALVULIIVU L' b'1'AISL 1bri11L'LV'rJ - AW ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RELATING TO THE ISSUANCE OF PERMITS FOR AND REGULATIONS APPLICABLE TO FOOD HANDLING ESTABLISHMENTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF AND AMENDING ORDINANCE NO. 235 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: Councilman Buchheim 2. INTRODUCTION OF ORDINANCE NO. 395, REGULATING ALARM SYSTEMS (55) Written Communications: Report dated November 28, 1979, from the Assistant to the City Manager, forwarding a request from the Orange County Sheriff's Department for adoption of an ordinance to regulate protective signaling alarms and to control direct dial telephone alarms to the Emergency Response Agency, necessary because of the danger of mass activation of the alarms in a disaster situation, and to curtail the large number of false alarms received by the Sheriff's Department. The proposed ordinance corresponds to one adopted by the County in April of this year. 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, — seconded by Councilman Schwartze that the following Ordinance be introduced: ORDINANCE NO. 395, REGULATING ALARM SYSTEMS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REGULATING THE INSTALLATION, MAINTENANCE, AND USE OF LOCAL PROTECTIVE SIGNALING SYSTEMS FOR BURGLARY, ROBBERY, AND FIRE AND RESCUE PURPOSES The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: Councilman Buchheim 3. LIMITATIONS ON CAMPAIGN CONTRIBUTIONS AND PROPOSED REPEAL OF ORDINANCE NO. 341 (40) Written Communications: (55) Report dated November 28, 1979, from the City Clerk, advising that Section 2.D. of Ordinance No. 341, regulating anonymous contributions, may be repealed, pursuant to State Government Code Section 84304, effective January, 1978, which supersedes local regulations and states that no person shall make an anonymous contribution totaling $100 or more in a calendar year, and that any anonymous contribution of $100 or more is to be forwarded to the Secretary of State for deposit in the General Fund of the State. Mayor Friess expressed concern regarding the total amount of anonymous contributions that may be received by a candidate under the State law, versus the total amount that may be received under the City's current ordinance. -4- 11/28/79 120 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: LIMITATIONS ON CAMPAIGN CONTRIBUTIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING LIMITATIONS ON CAMPAIGN CONTRIBUTIONS AND REPEALING ORDINANCE NO. 341 The motion failed by the following vote: AYES: Councilman Hausdorfer NOES: Councilmen Schwartze, Thorpe and Mayor Friess ABSENT: Councilman Buchheim Councilman Thorpe suggested re -consideration at a future date. BIDS. CONTRACTS. AGREEMENTS 1. AWARD OF CONTRACT - SAN JUAN HOT SPRINGS DANCE HALL SITE IMPROVEMENTS (SULLY -MILLER) (38) Written Communications: (23) Report dated November 28, 1979, from the Director of Public Works. Award of Contract: It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to award the contract for the construction of a parking lot and patio and installation of ' landscaping at the Dance Hall to the low bidder, Sully -Miller Construction Company, of Orange, in the amount of $32,552, and to reject all other bids received. The Mayor and City Clerk are authorized to sign the contract on behalf of the City. Mayor Friess requested receipt of an updated exterior lighting plan. 2. AGREEMENT FOR USE OF RECREATION FACILITIES - OLD MISSION SAN JUAN CAPISTRANO (38) Written Communications: (62) Report dated November 28, 1979, from the Director of Recreation, forwarding a proposed agreement for use of the Mission's tennis courts, gymnasium and athletic field for the City's Recreation Program to insure proper insurance coverage by both parties. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to approve the agreement with the Old Mission Church for use of certain recreational facilities and to authorize the Mayor and City Clerk to sign the agreement on behalf of the City. Councilman Hausdorfer suggested a letter be forwarded to the ' Church thanking them for their cooperation. 3. AMENDMENT TO SECURITY PACIFIC BANK AGREEMENT - HOME IMPROVEMENT PROGRAM (LOS RIOS AREA) (38) Proposal: (89) On March 7, 1979, the City entered into an agreement with Security Pacific National Bank for operation of the Los Rios Home Improvement Program, which provides low-interest loans to owners of buildings in the specified area, with City -5- 11/28/79 121 subsidy provided the annual percentage rate does not exceed 12%. The City has been notified that the FHA Title I annual percentage rate will increase to 13% effective December 1, 1979. Written Communications: Report dated November 28, 1979, from the Director of Community Planning and Development. In response to Mayor Friess, Mr. Merrell clarified that the _ City is using Federal grant money received through the Community Development Block Grant Program to subsidize the loans; that the City is merely guaranteeing the loans with that money, and may use the grant money to absorb the increase in the interest rate. _ Amendment to Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to direct staff to amend Section 3.C. of the Operating Agreement to read as follows: "Rates to be charged as determined by Bank, prior to any interest subsidy, but not to exceed 13.00% Annual Percentage Rate." The Mayor and City Clerk are authorized to execute the document on behalf of the City. 4. AGREEMENT FOR SEWERLINE, STREET, AND STORM DRAIN CONSTRUCTION, VIA ESTELITA (BEAR BRAND RANCH) (38) Proposal: (80) Approval of an agreement to provide financial and contractual obligations for both the City and the Bear Brand Ranch Company when a final determination is made regarding construction of — Via Estelita. Written Communications: Report dated November 28, 1979, from the Director of Public Works. Agreement Held Over: At the request of the Director of Public Works, Mayor Friess directed that the item be held over. CONSENT CALENDAR It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer 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, _ and Mayor Friess NOES: None ABSENT: Councilman Buchheim 1. APPROVAL OF WARRANTS (41) The List of Demands dated November 28, 1979, Warrants Nos. 18044 through 18170, inclusive, in the total amount of $353,879.99, is approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF OCTOBER 31, 1979 (41) The City Treasurer's Report of Investments as of October 31, 1979, is approved as submitted. -6- 11/28/79 122 3. CITY TREASURER'S REPORT OF 1911 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of October 31, 1979, is approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF SEPTEMBER 30, 1979 (41) The City Treasurer's Summary Statement of Fund Cash Balances ' for the 3 -month period ending September 30, 1979, is approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF NOVEMBER 6, 1979 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of November 6, 1979, is ordered received and filed. 6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF NOVEMBER 13, 1979 (23) The Report of Actions taken by the Equestrian Commission at the meeting of November 13, 1979, is ordered received and filed. 7. APPROVAL OF FINAL PARCEL MAP 857, ORTEGA INDUSTRIAL PARK (KING) (85) Final Parcel Map 857 is approved with the determination that the map is in conformance with the Subdivision Map Act; all fees have been paid and all conditions of approval met. The Mayor and City Clerk are authorized to sign both the Subdivision Agreement and the agreement to install the public improvements if Assessment District 78-3 (Ortega Properties) is not implemented. ' The Agreements are to be forwarded to the Orange County Recorder for recordation. 8. APPROVAL OF FINAL PARCEL MAP 859 AND DEFERRAL OF FEES, CALLE ASPERO AND PASEO ALTO PLANO (SAUNDERS) (85) Final Parcel Map 859 is approved with the determination that the (93) map is in conformance with the Subdivision Map Act. As set forth in the report dated November 28, 1979, from the Director of Public Works, deferral of development fees is approved for a 3 -year period of time from the recordation of the map, or until issuance of a building permit on Parcel 1 or sale of either parcel, whichever occurs first. 9. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - MAINTENANCE OF JUNIPERO SERRA PARK AND EL CAMINO REAL PARK (38) The specifications for the maintenance of Junipero Serra Park (62) and E1 Camino Real Park are approved and the City Clerk is authorized to accept bids, as set forth in the report dated November 28, 1979, from the Director of Public Works. 10. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - MAINTENANCE OF DESCANSO PARK, A PORTION OF C. RUSSELL COOK PARK. MISSION BELL PARK AND SPECTFTED PARKWAVS (38) The specifications for the maintenance of Descanso Park, Mission (62) Bell Park, a portion of C. Russell Cook Park and specified parkways, are approved and the City Clerk is authorized to accept bids, as set forth in the report dated November 28, 1979, from the Director of Public Works. -7- 11/28/79 11. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS - LANDSCAPE MAINTENANCE DISTRICTS. TRACTS 7673. 8485. 9382 (38) Written Communications: (74) (1) Report dated November 28, 1979, from the Director of Public Works; (2) Memorandum dated November 14, 1979, from Gary Mitchell, summarizing the current status of common area landscaping within the designated maintenance district boundaries. Approval of Plans: The plans and specifications for landscape maintenance of the common areas in each of the five tracts are approved and the City Clerk is authorized to accept bids. 12. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - 1980 ANNUAL WEED ABATEMENT PROGRAM (38) The specifications for the 1980 weed abatement services are (74) approved and the City Clerk is authorized to accept bids, as set forth in the report dated November 28, 1979, from the Diector of Public Works. 13. ACCEPTANCE OF EASEMENTS FOR STREET LIGHTING CONDUIT, TIERRA DEL CABALLO, TRACT 9204 (73) The easements from Tierra del Caballo Association for maintenance (85) of street lighting electrical services are accepted and the City Clerk is authorized to forward the easements to the Orange County Recorder. The easements over portions of Lots C, 1, 3 and 11, will contain conduits to supply the street lights on Avenida Siega and Ortega Highway, as set forth in the report dated November 28, 1979, from the Director of Public Works. — 14. AUTHORIZATION FOR PAYMENT FOR ENVIRONMENTAL IMPACT REPORTS - DORMANT PROJECTS (37) Final payment to the following consultants for Environmental (68) Impact Report preparation is approved for the following inactive projects: Project Consultant Las Ramblas Professional Building Westec Services, Inc C. Russell Cook Park Master Plan RELEASE Amount Due $1,048.50 Ultrasystems, Inc. $1,485.00 BONDS AND COMPLETION OF CERTAIN (85) Following clarification that the proposed new bonding will be adequate to cover and insure correction of problems at the Wagon Wheel Stables, it was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried as follows: (38) Acceptance of New Maintenance and Fine Grading Bonds, (85) Tracts 7673, 8485 and 9382: Staff is authorized to accept the following new maintenance and fine grading bonds for Tracts 7673, 8485 and 9382 from Covenant Mutual Insurance, as set forth in the report dated November 28, 1979, from the Director of Public Works: -8- 11/28/79 11 Tract Bond No. 7673 009099 8485 009200 9382 009098 Amount $ 35,000 38,000 160,000 124 (38) Release of Grading Bonds, Tracts 7673, 8485, and 9382: (85) Staff is authorized to release the following grading bonds from Covenant Mutual Insurance, as set forth in the report dated November 28, 1979, from the Director of Public Works: Tract Bond No. Amount 7673 006378 $355,070 8485 006379 379,789 9382 006380 530,885 (38) Completion of Certain Public Improvement - (85) Tracts 7673, 8485, and 9382: The following is authorized, as set forth in the report dated November 28, 1979, from the Director of Public Works: Acceptance of Work: The following Resolution is adopted: RESOLUTION NO. 79-11-28-1, COMPLETION OF PUBLIC IMPROVEMENTS - TRACTS 7673, 8485, AND 9382 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING CERTAIN WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACTS 7673, 8485 AND 9382 The Resolution accepts the public improvements and directs the City Clerk to forward the Notice of Completion for each tract to the County Recorder within 10 days. Release and Acceptance of Bonds: The following Labor and Material bonds from Covenant Mutual Insurance Company are released upon 35 days after recording of the Notice of Completion: Tract Bond No. Amount 7673 006245 $538,572 8485 006248 663,624 9382 006251 521,927 The following Labor and Material bonds from Covenant Mutual Insurance are accepted: Tract Bond No. Amount 7673 006245-A $ 80,000 8485 006248-A 132,724 9382 006251-A 156,000 The following Faithful Performance Bonds from Covenant Mutual Insurance Company are extended to November 28, 1980: Tract Bond No. Amount 7673 006245 $538,572 8485 006248 663,624 9382 006251 521,927 -9- 11/28/79 19-45 SUBDIVISIONS AND ANNEXATIONS 1. REQUEST FOR DEFERRAL OF DEVELOPMENT FEES AND BONDS - APPROVAL OF FINAL PARCEL MAP 851 (ALPHA BETA/COLLINS/DIVERSIFIED) (85) Proposal: (93) A request from Collins/Diversified for deferral of development fees and bonds required for Parcel Map 851. Written Communications: (1) Report dated November 28, 1979, from the Director of Public Works, itemizing the fees and bonds required for the project and recommending denial of the request; (2) Report dated November 28, 1979, from the Director of Public Works, recommending approval of the Final Parcel Map. John Collins, 270 South Bristol Street, Suite 201, Costa Mesa, developer of the Alpha Beta project, advised that he is not adverse to paying the plan check -type fees; that irrevocable letters of credit totaling $142,000 have been submitted; that the request for deferral pertains to construction stage fees only due to abnormal sequencing of the project. Approval of Deferral of Fees: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the request to defer specified development fees in connection with Parcel Map 851 be approved with the condition that no grading permits be issued for any parcel until all fees are paid. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess NOES: Councilman Thorpe ABSENT: Councilman Buchheim Approval of Final Parcel Map: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze to approve Final Parcel Map 851 determining that said map is,consistent with the General Plan and in substantial compliance with the approved tentative map. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess NOES: Councilman Thorpe ABSENT: Councilman Buchheim The Subdivision Agreement is approved and the Mayor and City Clerk are authorized to execute the document on behalf of the City and the City Clerk is authorized to record the agreement. ADMINISTRATIVE ITEMS CITY MANAGER 1. REPORT - SOUTH 4 (88) Proposal: (37) Approval of the concept of hiring the firm of HAVAC Aviation Associates to monitor activities and provide information and advice relative to the establishment of a new general aviation airport in the south County area. -10- 11/28/79 126, Written Communications: Report dated November 28, 1979, from David DeBeauvais, Administrative Assistant. Council Discussion: Councilman Thorpe cited concerns regarding consultant hiring and the lack of specific airport proposals for a consultant to react to. Councilman Hausdorfer cited a need for the City to be continually aware of the situation, and Councilman Thorpe suggested assigning an administrative assistant to ' monitor County activities until a specific proposal is prepared. Councilman Schwartze suggested that the scope of work and costs be clearly set forth in the contract with HAVAC. Approval of Concept: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze to approve the concept of contracting with the firm of HAVAC Aviation Associates for the receipt of consulting services relative to the establishment of a general aviation airport in the south Orange County region; and, to direct the City Manager to prepare a contract for Council approval at a future meeting. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess NOES: Councilman Thorpe ABSENT: Councilman Buchheim RECESS AND RECONVENE The Council recessed at 9:05 P.M., and reconvened at 9:13 P.M. 2. STATUS REPORT - "TO DO" LIST ' (32) Written Communications: Report dated November 28, 1979, from the City Manager forwarding a status report on the Hillside Regulations Handbook and advising that of the other 5 items requested by Council, 3 have been forwarded under separate cover, and 2, the report on the South County Airport and the Sewer Assessment District for McCracken Hills, are listed on the Agenda. Removal of Items from "To Do" List: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to remove the following items from the "To Do" List: (1) Public Sewer Assessment District, McCracken Hill; (2) South County Airport - Joint Powers Agreement; (3) Intersection of Del Obispo/Alipaz; (4) Citrus Tree Removal Policy; to retain the Hillside Regulations Handbook item on the "To Do" List; and, to agendize the Posting of Public Hearing Notices at Properties. CITY CLERK ' 1. LEASE OF CITY PROPERTY FOR BOARDING STABLE (WAGON WHEEL STABLES) (38) Proposal: (23) Approval of a one-year extention to the term of the Agreement with Wagon Wheel Stables for lease of City property for use as a boarding stable. -11- 11/28/79 127 Written Communications: Report dated November 28, 1979, from the City Clerk/Equestrian Commission Secretary, recommending approval of the extension of the term to January 2, 1981. Approval of Extension: It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to approve the Addendum to the Lease Agreement for Boarding Stable to read as follows: "9. Term. The Interim Agreement for Lease of Boarding Stable dated April 20, 1978, is extended for a one-year period of time to January 2, 1981; provided, however, that the lease may be terminated by the City Council upon 90 days written notice to Lessee." The Mayor and City Clerk are authorized to sign the document on behalf of the City. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT - MEREDITH CANYON LANDSCAPING, TRACTS 8087 AND 8319 (85) With the concurrence of Council, Mayor Friess directed that the status report on the Meredith Canyon Landscaping, dated November 28, 1979, be received and filed. 2. AMENDMENT TO RESOLUTION OF ANNEXATION (VAN ROEKEL, ET AL.) (21) Proposal: Amendment to the City's original annexation request for property located at the northern City limits, to include two additional parcels known as the Abdelmuti and Montessori School properties, and the Marguerite Parkway, Via Escolar, and freeway rights-of-way. The original annexation request includes property known as the Van Roekel, Dewire, Coast Bible Church properties and a .75 -acre parcel at the intersection of Marguertie Parkway and Via Escolar. Written Communications: Report dated November 28, 1979, from the Director of Community Planning and Development. Mr. Merrell advised that the additional rights-of-way would "square off" the annexation area; that LAFCO has indicated support for inclusion of the additional properties; and, that the Spotted Bull area has not been included at the choice of residents of the area. George Grupe, 29542 Spotted Bull Lane, advised Council of his feelings about the annexation and the desire of the Spotted Bull area residents to remain unincorporated. Approval of Amended Application: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer to adopt the following Resolution, which includes the Abdelmuti and Montessori School parcels and the Marguertie Parkway, Via Escolar, and freeway rights-of-way within the proposed annexation area: -12- 11/28/79 7 RESOLUTION NO. 79-11-28-2, AMENDED APPLICATION FOR ANNEXATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 78-9-6-5 BY EXPANDING THE PROPOSED ANNEXATION AREA IN ITS APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR THE ANNEXATION OF TERRITORY ADJACENT TO THE NORTH BOUNDARY OF THE CITY (ANNEXATION AREA IDENTIFIED AS VAN ROEKEL, ET AL.) The motion carried by the following vote: AYES: Councilman Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: Councilman Buchheim DIRECTOR OF PUBLIC WORKS 1. STATUS OF SLUDGE DISPOSAL AT TREATMENT PLANT (S (79) With the concurrence of Council, Mayor Friess directed that the report dated November 28, 1979, from the Director of Public Works, be received and filed. 2. REPORT ON SESSMENT DISTRI (74) Written Communications: (80) Report dated November 28, 1979, from the Director of Public Works, setting forth problems and possible solutions with regard to construction of the proposed sewer. Mayor Friess inquired into the City's liability and responibility for construction of the sewer pursuant to allowing construction in the area, and was advised by the City Attorney that there could be potential liability and that Council might wish to take actions to forestall it. Councilman Schwartze suggested that any further building activity be forwarded for Council review. Report on Legal Aspects: With the concurrence of Council, Mayor Friess directed that a report be agendized dealing with the legal aspects of the problem and to consider actions to preclude City liability pending installation of the sewer, and that residents of the area be made aware of Council's consideration. COMMISSIONS, BOARDS, COMMITTEES MOBILE HOME PARK REVIEW BOARD 1. REPORT ON PETITIONS (EL NIDO MOBILE ESTATES) (23) With the concurrence of Council, Mayor Friess directed that (72) the report dated November 28, 1979, from the City Attorney, regarding the E1 Nido Mobile Home Park's petition to be recognized as a Member of the San Juan Capistrano Mobile ' Home Owner Council, and requesting revisions to the El Nido owner -tenant lease agreement, be received and filed. The report advises that the residents of the Park do not need City recognition to form an association or to join the San Juan Capistrano Mobile Home Owners Council, and that the City Attorney had met with management of El Nido Mobile Estates to work out a revised lease which is within the guidelines of the Mobile Home Ordinance No. 380; further, that the lease was approved by the E1 Nido Park management and that the Mobile Home Park Review Board will review the lease at their next meeting. -13- 11/28/79 129 PLANNING COMMISSION 1. REPORT OF MEETING OF NOVEMBER 13, 1979 (67) Following clarification of the action taken on General Plan Amendment 79-3A (Van Roekel) and the location of the Vangalis and Barrack projects, it was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to receive and file the report of actions taken by the Planning Commission at their meeting of November 13, 1979. TRAFFIC AND TRANSPORTATION COMMISSION 1. REVIEW OF COMMISSION DUTIES (23) Written Communications: Report dated November 28, 1979, from George Alvarez, Secretary, forwarding the duties, responsibilities and functions of the Commission as set forth in Ordinance No. 321. Joint Meeting Schedule: With the concurrence of Council, Mayor Friess directed that a joint meeting with the Traffic and Transportation Commission be scheduled for January for discussion of Commission duties and charges, and that the current vacancy on the Commission not be filled until after that meeting. COUNCIL REMARKS 1. CIVIC CENTER SITE (34) Council concurred with Councilman Thorpe's suggestion that discussion be re -opened with the Capistrano Unified School District to determine the District's interest in re -negotiating the lease of the Union High School site and to discuss the cost of portable classrooms versus the amount of space that would actually be used by the City. 2. LIBRARY SITE (52) Council concurred with Mayor Friess' suggestion that staff inform School District officials that when construction of the tennis courts is ready to commence, money will be available from the City. Staff was directed to amend the appropriate section of the lease agreement to reflect the availability of the funds. 3. STREET CORNER FLOWER SELLERS (72) Council concurred with Councilman Thorpe's suggestion that staff clarify the problems involved in controlling the unlicensed business of selling flowers on street corners within the City. 4. CITY EVACUATION PLAN - NUCLEAR DISASTER (89) Councilman Hausdorfer suggested addressing the effectiveness of the City's evaucation plan in the event of a nuclear disaster. 5. WEED ABATEMENT (74) Councilman Schwartze noted complaints received regarding weeds along the river bank in the area of Avenida Aeropuerto and the mobile home park. 6. NEWSPAPER CLIPPING SERVICE (32) Council concurred with Councilman Schwartze's suggestion that staff investigate the feasibility of hiring a newpaper clipping service for City -related items. -14- 11/28/79 7. SIDEWALK NEWSRACKS (32) Councilman Schwartze noted problems of some northern Orange County cities with newsracks and inquired into the City's ability to deal with such a problem. Mr. Murphy advised that the problem existed at one time and was dealt with. 8. LANDSCAPE ASSESSMENT DISTRICT (74) Councilman Schwartze noted interest expressed by the Mission Park Homeowners Association in instituting a landscape maintenance district in their area. 9. SCHEDULE OF MEETINGS (32) Council concurred with Mayor Friess' suggestion that the Council meeting schedule for January be re -scheduled from January 2 and January 16, to January 9 and January 23. EXECUTIVE SESSION Council recessed to an Executive Session at 10:31 p.m., the Deputy City Clerk being excused therefrom, and reconvened at 10:45 p.m. There being no further business before the Council, the meeting was adjourned at 10:46 p.m., to the next regular meeting date of Wednesday, December 5, 1979, at 7:00 P.M., in the City Council Chamber. Respectfully submitted, MARY ANN ANOVER, CITY CLERK KENNETH E. RIES , MAYS -15- 11/28/79