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80-0319_CC_Minutes_Regular Meeting254 MARCH 19, 1980 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 7:07 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Martin, Old Mission Church. ROLL CALL PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem (arrived at 7:23 p.m.) Lawrence F. Buchheim, Councilman James F. Thorpe, Councilman ABSENT: Phillip R. Schwartze, Councilman STAFF PRESENT: James S. Mocalis, City Manager; Bob Boone, Accounting Officer; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson, Deputy City Clerk. MINUTES Regular Meeting of March 5, 1980: It was moved by Councilman Buchheim, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of March 5, 1980, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilmen Hausdorfer and Schwartze 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 Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilmen Hausdorfer and Schwartze PRESENTATIONS ' PREE DAY (71) (34) (29) Proc IONS TO LEON RENE, GRAND MARSHAL OF THE 1980 SWALLOWS an Rene An ano: Citizen of Mayor Friess read in full the Proclamation made at the Council meeting of March 5th, declaring Leon Rene an Honorary Citizen of the City of San Juan Capistrano. Official City Song: Mayor Friess read in full Resolution No. 80-3-5-7, adopting "When the Swallows Come Back to Capistrano" as the official City song. The song was composed by Leon Rene in 1939 and is sung by Mr. Rene every year at the Mission Pageant. -1- 3/19/80 M 255 Mayor Friess presented the Proclamation and Resolution to Mr. Rene and thanked him and his wife for attending the meeting. Honorary Member - Chamber of Commerce: Fred Jenner, President of the San Juan Capistrano Chamber of Commerce presented Mr. Rene with a plaque naming him an Honorary Member of the Chamber. Fiesta Association Presentation: Tony McDowell, President of the San Juan Fiesta Association, presented Mr. Rene with an official 1980 Swallows Day belt buckle. Mr. Rene expressed his appreciation for the honors received. 1. REPORT ON SHERIFF SERVICES - LT. DENNIS LA DUCER (70) Lt. Dennis LaDucer, Commander of the Sheriff's Substation in South Orange County, made an oral presentation regarding the services provided to the City by contractual arrangement with the County and the Sheriff's Department. Lt. LaDucer advised that there are 9 full-time deputies assigned to the City; 7 patrol deputies and 2 investigators. In addition, a detective lieutenant, sergeant and traffic sergeant are assigned to the City on a less -than -full-time basis. Councilman Hausdorfer joined the meeting at 7:23 p.m. Lt. LaDucer reviewed the personnel services, introducing sheriff personnel present at the meeting; and addressed crime trends, special problems and future directions. Sgt. Dan Spratt advised the Council regarding the detective services rendered to the City. The City Manager advised that the Sheriff's Department is willing to support a Reserve Program if it is implemented by the City. In response to Councilman Buchheim, Lt. LaDucer advised of crime prevention seminars being planned for the City. Mayor Friess thanked Lt. LaDucer for his presentation. ORAL COMMUNICATIONS 1. ITEM PRICING IN SUPERMARKETS/JUNE 3 REFERENDUM (76) Marilyn Williams, 29931 Camino Capistrano, requested consideration (56) of Alternate 1 in the staff report addressing item pricing in (40) supermarkets. Alternate 1 suggests preparation of an ordinance requiring item pricing. Mrs. Williams further questioned if if current programs in progress will be affected if the City participates in the referendum for receipt of housing assistance funds and the referendum is defeated in the City. WRITTEN COMMUNICATIONS 1. REQUEST FOR APPROVAL OF BANK STABILIZATION (SYCAMORE TRAILS STABLES) (23) The Council received copies of a letter dated March 5, 1980, (80) from Ron Hanson, owner of the Sycamore Trails Stables, requesting City help in obtaining the necessary authorizations to continue rip -rap protection, bank stabilization, and a cleaning and clearing of the channel at the rear of his property along Trabuco Creek. Mr. Hanson addressed the Council to clarify the extent of improvement he would like to make to the channel. The Council discussed possible liability problems incurred should partial improvements create problems in other areas; current policy regarding hard channelization of the creekbed; lack of support from Federal, State and County agencies; and development in a floodplain area. -2- 3/19/80 With the concurrence of Council, Mayor Friess directed that the Director of Public Works discuss the matter with Mr. Hanson and report at the April 2nd meeting on liability data, the cost of preparing a hydrology study for projections in that area and alternatives, and means of facilitating Mr. Hanson's request. Mayor Friess suggested a policy decision regarding hard channelization could be considered during discussion of the report. 2. REQUEST FOR DELETION OF CONDITIONS, RESOLUTION NO. 80 -2 -6 - TENTATIVE TRACT 10564 (CAPISTRANO INDUSTRIAL PARK) (85) The Council received copies of a letter dated March 5, 1980, from Julian Willcox, requesting deletion of the following items from City Council Resolution No. 80-2-6-3: (1) Condition No. 2; (2) The requirement in Condition No. 9 for Planning Commission approval of the amended site plan prior to approval of the final map. The matter was referred to the Director of Community Planning and Development for a report at the next Council meeting on either alteration of the conditions or agreement from the property owner that he can work within the conditions. PUBLIC HEARINGS 1. PROPOSED ASSESSMENT DISTRICT 78-3, EMINENT DOMAIN PROCEEDINGS AND PROTEST HEARING (ORTEGA PROPERTIES) (74) This hearing was continued from the City Council meeting (38) of March 5, 1980. Written Communications: (1) Report dated March 19, 1980, from the Director of Public Works. (2) Letter dated March 15, 1980, from Norio Iwata, et al., P. O. Box 353, San Juan Capistrano, protesting inclusion of their property in the District. Mr. Murphy advised that approval of an agreement dated March 19, 1980, between the City and the Protestant Episcopal Church would be needed prior to official action on the Assessment District. The Agreement allows the City to proceed with the confirmation of the assessments for the District with the property owners acknowledgment of the assessment and waiver of any right to protest or object to the assessment amounts and to further notice regarding the amendments and modifications to the assessment. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to approve the Agreement and Waiver with the Protestant Episcopal Church in the Diocese of Los Angeles and to authorize the Mayor and City Clerk to execute the document on behalf of the City. Public Hearing: Notice having been given as required by law,Mayor Friess announced that this is the time and place for public hearings on Assessment District No. 78-3 (Ortega Properties); that there are two (2) separate Public Hearings to be conducted by the City Council relating to the following: (1) Hearing on "Report" pursuant to the provisions of the "Municipal Improvement Act of 1913;" and, (2) Hearing on Necessity to Order Condemnation Proceedings. -3- 3/19/80 257 For convenience, these Public Hearings will be combined into a single Hearing; however, individual actions will be taken where appropriate. The City Clerk announced that Notice of the Hearings had been given in the manner and form required by law, and that the following affidavits are on file in her office: (1) Certificate of Posting Streets; (2) Certificate of Mailing Notice and Filing Boundary Map; (3) Affidavit of Publication of Notice of Improvement; (4) Affidavit of Publication of Notice Inviting Sealed Bids; (5) Affidavit of Posting Notice Inviting Sealed Bids; (6) Certificate of Mailing Notice of Hearing on Necessity to Order Condemnation Proceedings. Mr. Murphy introduced Mr. Walt Hamilton, Assessment Engineer, who explained the purpose, scope and order of procedure for the public hearings, the general nature, location, and extent of the proposed works of improvements, and the boundaries of the Assessment District. Mr. Hamilton advised that on January 23rd the Engineer's Report pursuant to the provisions of the "Municipal Improvement Act of 1913: had been presented, which consists of the following: (1) Plans; (2) Specifications; (3) Assessment Roll; (4) Assessment Diagram; (5) Description of the Works of Improvement. Mr. Hamilton presented and summarized the extent of the easements and rights-of-way still to be obtained; advised that on February 26th, 11 construction bids had been received and recommended award of the bid to Clarke Construction of Compton at $3,644,786.30, which is 9% below the Engineer's Estimate and will mean an 11% reduction in all assessments. Mr. Hamilton then explained the formula and method of spread of assessment based on the acreage and front footage of the parcels. The City Clerk announced that one written protest had been received on March 17th from Norio Iwata, et al., owners of Parcel No. 6, the amount of the assessment being $68,904.08, and that copies had been delivered to each member of the City Council. Mayor Friess then asked to hear from those persons who had filed a written protest against the proceedings and there was no response. He next asked to hear from anyone else wishing to speak against the improvement, the assessment district or the method of spread and the following person responded: (1) Jemes Cude, representing Glendale Federal, stated that as long as the assessed value doesn't affect the overall valuation of the property, they have no objection to the Assessment Distirct. Mr. Cude requested an opportunity to review the assessment valuation with the appraiser. There being no one else wishing to speak against the district, the improvement or method of spread, Mayor Friess asked to hear from anyone in favor of the proceedings, and there was no response. Mr. Hamilton then advised that the protest received represents 1.85% of the total area. There being no further discussion, Mayor Friess declared the Hearing closed. 3/19/80 258 Resolution Ordering Changes and Modifications: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-3-19-1, ORDERING CHANGES - ASSESSM DISTRICT NO. 78-3 - RESOLUTION OF THE CITY COUNCIL O CITY OF SAN JUAN CAPISTRANO ORDERING CERTAIN CHANGES AND MODIFICATIONS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze The Resolution orders the assessment be modified, amended and reduced as set forth on Exhibit "A" of the Resolution. Resolution Overruling and Denying Protests: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 80-3-19-2, OVERRULING AND DENYING PROTESTS - ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze Resolution Approving Contribution: It was moved by Councilman Buchheim, seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-3-19-3, APPROVING ASSESSMENT DISTRICT NO. 78-3 - RESO COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AND PROVIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze The Resolution approves the City's contribution in the final confirmed amount of $366,405.56. Resolution Approving Contracts for Underground Installation: It was moved by Councilman Buchheim, seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-3-19-4, APPROVING INSTALLATION - ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING CONTRACTS FOR UNDERGROUND INSTALLATION -5- 3/19/80 259 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze Resolution Confirming Assessment: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-3-19-5, CONFIRMING ASSESSMENT - ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze Award of Construction Contract - Preparation of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to direct that a Resolution awarding the construction contract to Clarke Construction, be prepared for adoption at the meeting of April 2nd. Resolution Determining Necessity to Order Eminent Domain Proceedings: It was moved by Councilman Thorpe, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 80-3-19-6, CONDEMNATION OF REAL PROPERTY - r11110o 11 11 n7omDTnm 90-1 /nDTFrn DDnDVDTTFCI - D7C(1T.TT91T(1TT OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO AND DECLARING A NECESSITY THEREFOR (ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze 2. REVIEW OF PLANNING COMMISSION DENIAL - CONDITIONAL USE PERMIT 79-12, AND ZONE VARIANCE 79-23, AND MODIFICATIONS TO STORAGE YARD (DUNIVIN) (39) Proposal: (68) T --review of the October 23, 1979, Planning Commission denial of Conditional Use Permit 79-12. On February 6, 1980, the City Council authorized temporary use on the property until the matter is resolved. Appellant: Forrest Dunivin, 26988 Ortega Highway, San Juan Capistrano. -6- 3/19/80 260 Written Communications: (1) Report dated March 19, 1980, from the City Manager, advising that in order to resolve the matter there must be either a rehearing at the Planning Commission level or Mr. Dunivin must comply with the approved plan. (2) Letter received March 17, 1980, from Robert Jones, 31752 Los Rios Street, in support of a temporary office, caretaker's trailer and radio tower as required by Mr. Dunivin. The City Manager advised that an agreement had been reached between Mr. Dunivin and Mr. Rios regarding placement of the trailer; however, the recommended actions are necessary for Land Use Code compliance. Public Hearing: Notice having been given as required by law, Mayor Friess opened the public hearing; and, there being no one wishing to speak, declared the Hearing closed. Referral to Planning Commission: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to refer the matter to the Planning Commission for a rehearing. Councilman Buchheim suggested review of Land Use Code Section 2.3.16.B. and C. for possible procedural changes in the appeal process. 3. APPEAL OF PLANNING COMMISSION DECISION - ZONE VARIANCE 80-2, LOT 3, TRACT 10090, VIA ARBOLEDA (MINCH) (85) Proposal: (92) Appeal of a decision made by the Planning Commission on (68) February 11, denying a request to allow a temporary caretaker's residence during construction of a permanent residence on an EL lot on Via Arboleda. Appellant: John A. Minch, 25721 Avenida Pedregal, San Juan Capistrano. Written Communications: Report dated March 19, 1980, from the Director of Community Planning and Development, recommending approval of Zone Variance 80-2, subject to conditions. Mr. Merrell advised that approval of the variance would comply with the direction of the Council on March 5th to prepare a Code amendment addressing the issue of allowing resident - builders temporary trailer use on the construction site. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: (1) John Minch, appellant, advised he was aware of and agreed with all conditions of approval; however, his trailer is 75 square feet over the stated limit of 600 square feet and asked consideration of that condition. There being no one else wishing to speak, Mayor Friess closed the Hearing. Approval of Zone Variance: Mr. Merrell advised that the 600 -square -foot number was used to preclude placement of a double -wide trailer on the lot and that the Resolution could be amended to reflect an approximate square footage. -7- 3/19/80 261 It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted with an amendment to Condition No. 2 to reflect approximately 600 square feet maximum caretaker's residence size: RESOLUTION NO. 80-3-19-7, ZONE VARIANCE 80-2 (MINCH) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING ZONE VARIANCE 80-2, A REQUEST TO ALLOW A TEMPORARY CARETAKER'S RESIDENCE OUTSIDE THE FP -1 AND FP -2 FLOODWAY OVERLAY DISTRICT ON LOT 3, TRACT 10090 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze 191". b iktA4[4 1. ADOPTION OF ORDINANCE NO. 400 - REZONE 79-5, CADILLAC/FAIRVIEW (85) Written Communications: (55) Report dated March 19, 1980, from the City Clerk, advising that Ordinance No. 400 was introduced on March 5, 1980, and is scheduled for adoption. Adoption of Ordinance No. 400: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Buchheim and seconded by Councilman Thorpe that the following Ordinance be adopted: ORDINANCE NO. 400, REZONE 79-5, CADILLAC/FAIRVIEW - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING ON A 12.75+ ACRE PARCEL LOCATED SOUTH OF THE INTERSECTION OF ALIPAZ AND CAMINO DEL AVION The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze _ 2. AMENDMENT TO ORDINANCE NO. 321 - DUTIES OF THE TRAFFIC (23) Written Communications: (55) Report dated March 19, 1980, from the City Manager, advising that the Traffic and Transportation Commission recommended that additional duties be included in Section 8.C. of Ordinance No. 321, as follows: - To study and make recommendations to the City Council on matters of public transportation. - To study and make recommendations to the City Council on matters of traffic regulations, including traffic control devices, parking, and vehicular and pedestrian safety. -8- 3/19/80 262 Introduction of Ordinance No. 401: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Buchheim and seconded by Councilman Hausdorfer that the following Ordinance be introduced: ORDINANCE NO. 401, AMENDMENT TO ORDINANCE NO. 321 - ESTABLISHING CITY BOARDS AND COMMISSIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 321 - DUTIES OF THE TRAFFIC AND TRANSPORTATION COMMISSION The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze 3. ORDINANCE NO. 402, REGULATING CANINE LITTER (INTRODUCTION (45) Written Communications: (55) Report dated March 19, 1980, from David DeBeauvais, Administra- tive Assistant, advising that due to numerous complaints, the Parks and Recreation Commission recommended that the City take action to regulate and control canine litter in City parks. introduction of Ordinance No. 402: The City Attorney read the title of the ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the following ordinance be introduced: ORDINANCE NO. 402, CONTROL OF CANINE LITTER - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROHIBITING THE CREATION OF A PUBLIC NUISANCE BY FAILURE TO PREVENT AND/OR REMOVE UNLAWFUL CANINE LITTER The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze 4. ORDINANCE NO. 403, ABATEMENT OF VEGETATION OBSTRUCTING FREE PASSAGE (INTRODUCTION) (55) Written Communications: Report dated March 19, 1980, from David DeBeauvais, Administra- tive Assistant, forwarding a proposed ordinance to insure that public thoroughfares will remain free of obstructions by vegetation and to help reduce City liability risks. Introduction of Ordinance No. 403: 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 Buchheim that the following ordinance be introduced: ORDINANCE NO. 40 OF VEGETATION OBSTRUCTING rAH t'HJJHba - tN UNU1NANUr UPTHE UITY UP' SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE ABATEMENT OF VEGETATION CONSTITUTING A PUBLIC NUISANCE BY OBSTRUCTING THE FREE PASSAGE OF PEDESTRIANS AND/OR VEHICLES UPON OR ALONG ADJACENT PUBLIC RIGHTS-OF-WAY -9- 3/19/80 263 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze Mayor Friess noted that the procedure for abatement of the vegetation would be similar to the annual weed abatement procedure. RESOLUTIONS 1. ASSESSMENT DISTRICT 78-1, CAMINO CAPISTRANO SOUTH - ADMINISTRATIVE ACTIONS (74) Written Communications: Report dated March 19, 1980, from the Director of Public Works advising that the protest hearing for the District had been held on March 5th; no modifications are proposed and no protests were received. Resolution Determining Necessity: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 80-3-19-8, DETERMINING NECESSITY - ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CERTAIN PUBLIC IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT AND FURTHER STATING THAT "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" DOES NOT APPLY The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze Resolution Approving Contracts for Underground Installation: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 80-3-19-9, APPROVING INSTALLATION - ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CIT COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING CONTRACTS FOR UNDERGROUND INSTALLATION The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze The Resolution approves Agreements for undergrounding of utility facilities with the following utilities: San Diego Gas and Electric; Pacific Telephone Company. of Contract with Waterworks It was moved by councilman •rnorpe, seconded by councilman Hausdorfer and unanimously carried to approve the contract -10- 3/19/80 4: 264 between the City and Orange County Waterworks District #4 for the installation of water facilities, Assessment District 78-3. The Mayor and City Clerk were authorized to sign the agreement on behalf of the City. Resolution Confirming Assessment: It was moved by Councilman Buchheim, seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-3-19-10, CONFIRMING ASSESSMENT - ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES AND APPROVING THE ENGINEER'S REPORT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze Resolution Awarding Construction Contract: It was moved by Councilman Buchheim, seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-2-19-11, CONTRACT AWARD - ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AWARDING CONTRACT FOR CONSTRUCTION IN A SPECIAL ASSESSMENT DISTRICT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze The Resolution awards the contract to Fred Weisz and Associates of Mission Viejo in the amount of $208,250.44. BIDS, CONTRACTS, AGREEMENTS 1. AGREEMENT FOR ENGINEERING SERVICES, DESIGN OF CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK ROAD (38) Written Communications: (74) Report dated March 19, 1980, from the Director of Public Works forwarding a proposed agreement with Willdan Associates for design of the Camino Capistrano Bridge; the design work will include preparation of plans for the removal of the existing bridge, construction of a new bridge and construction of bridge approaches. The intersection of Camino Capistrano and San Juan Creek Road will be signalized. Compensation is as follows: Phase I, $22,000; Phase II, $73,500. Cooperative funding will be acquired from other agencies for Phase II. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to approve the Agreement for Engineering Services, Phase I and II, Camino Capistrano Bridge at San Juan Creek with Willdan Associates at a total cost of $95,500; the Mayor and City Clerk were authorized to execute the agreement on behalf of the City. -11- 3/19/80 265 2. AGREEMENT FOR STREET IMPROVEMENTS (BARWICK IMPORTS) (38) Written Communications: (83) Report dated March 19, 1980, from the Director of Public Works, forwarding a proposed agreement with Barwick Datsun Agency to postpone public improvements for a 3 -year period or until the City requires construction of improvements. A bond in the amount of $41,400 is required. The current agreement to postpone improvements expires on March 31, 1980. Approval of Agreement: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the Agreement to postpone public improvements with Barwick Datsun Agency; the Mayor and City Clerk are authorized to execute the agreement on behalf of the City. 3. AGREEMENT FOR COUNTYWIDE ENTITLEMENT JURISDICTION (38) Written Communications: (56) Report dated March 19, 1980, from Loretta Zimmerman, Assistant to the City Manager, forwarding a proposed contract between the City and the County of Orange by which the City will join with the County to receive federal funding for criminal justice purposes. The Entitlement Jurisdiction allows the maintenance of local control and encourages better coordinated criminal justice efforts. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to approve the Agreement for Countywide Entitlement Jurisdiction; the Mayor and City Clerk were authorized to execute the agreement on behalf of the City. 4. AUTHORIZATION TO REBID CALLE ASPERO WIDENING (38) Written Communications: (83) Report dated March 19, 1980, from the Director of Public Works advising that utility poles within the proposed limits of improvement have been moved, the City has all necessary right-of-way, and the project is now ready to rebid. Authorization to Receive Proposals: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to authorize the City Engineer to call for bids for the Calle Aspero Widening project. CONSENT CALENDAR It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion - carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim, and Mayor Friess NOES: None ABSENT: Councilman Schwartze 1. APPROVAL OF WARRANTS (41) The List of Demands dated March 19, 1980, Warrants Nos. 18959 through 19101, inclusive, in the total amount of $377,698.32, was approved as submitted. -12- 3/19/80 26(i 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF FEBRUARY 29, 1980 (41) The City Treasurer's Report of Investments as of February 29, 1980, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF FEBRUARY 29, 1980 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of February 29, 1980, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF JANUARY 31, 1980 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the 7 -month period ending January 31, 1980, was approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF MARCH 4, 1980 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of March 4, 1980, was ordered received and filed. 6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF MARCH 10, 1980 (23) The Report of Actions taken by the Equestrian Commission at the meeting of March 10, 1980, was ordered received and filed. 7. CLAIM FOR STORM DAMAGES (TUBB AND VIDOVICH) (35) The following Claims filed as a result of alleged storm damage are denied and referred to the City's Claims Adjuster, Carl Warren and Company, as set forth in the report dated March 19, 1980, from the City Clerk: Name Address Date Filed John Tubb 25711 Windjammer Drive February 25, 1980 Joel Vidovich 33496 Calle Miramar February 22, 1980 Gerald Cogar 33482 Calle Miramar February 22, 1980 ACCEPTANCE OF TITLE III -B GRANT FUNDS (OLDER AMERICANS ACT) FOR SENIOR CITIZENS VAN (41) Written Communications: (62) Report dated March 19, 1980, from the Director of Public Works adivsing that on March 4, 1980, the Board of Supervisors selected the City to receive Title III -B grant funds in the amount of $12,760, for purchase of a 12 -passenger van for the Senior Citizens Program; and, that the City's required match of 25% or $2,250, is available from park in -lieu fees. Loop System for Mobile Home Parks/Approval of Contract: In response to Mayor Friess, Pam Hallan advised that under the limitations of the grant, the van would not have a fixed system and would be used for emergency services or persons having no other means of transportation. It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to direct that the possibility of using the van on a loop system serving the mobile home parks be checked, in order to determine ridership potential prior to City expenditure for a City bus system; the contract for acceptance of the funds was approved and the Mayor and City Clerk were authorized to execute the document on behalf of the City. A letter of appreciation is to be forwarded to the Board of Supervisors. -13- 3/19/80 267 ADMINISTRATIVE ITEMS CITY MANAGER 1. ITEM PRICING IN SUPERMARKETS (76) Written Communications: (1) Report dated March 19, 1980, from Loretta Zimmerman, Assistant to the City Manager, recommending that since all local markets use both individual item pricing and shelf markers, no action be taken at this time. (2) Letter dated February 22, 1980, from the Chamber of Commerce, opposing an ordinance requiring item price marking. - (3) Western Union Mailgram dated March 18, 1980, from Sherry Baum, Diector of the Consumers Coalition, in support of an ordinance requiring item pricing. Preparation of Ordinance: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to direct that an ordinance requiring item pricing in supermarkets be prepared for discussion at the next meeting. Jim Gray, Vice President of Ralphs Grocery Company, representing the Southern California Grocers Association, advised he would like to discuss the matter with Council, and Mayor Friess advised that comments will be accepted during consideration of the Ordinance. 2. CITY COUNCIL POLICY MANUAL (32) With the concurrence of Council, Mayor Friess directed that this (69) item be held until the next meeting. 3. APPROVAL OF LEASE AGREEMENT, MISSION TRAILS CORRAL (23) Written Communications: (38) Report dated March 19, 1980, from the City Manager, forwarding a proposed agreement for lease of City property to Mission Trails Corral bor boarding stable purposes. Council Discussion: Councilman Hausdorfer noted Item 2.H. of the Lease regarding maintenance of the stable in a neat, clean and sanitary condition and expressed his concern for monitoring both Mission Trails Corral and Wagon Wheel pursuant to concerns stated by neighboring residences. Mayor Friess requested inclusion of a prohibition on animals creating a nuisance; i.e.; early -morning noise makers. Councilman Buchheim suggested inclusion of a start-up time for group activities. Mayor Friess noted a discrepancy exists regarding the date by which the stable must vacate property owned by Ortega Properties. He advised that he understood a time extension to May 1st had been granted; however, the stable has been informed that water service will be discontinued on April 1st. The City Manager and Director of Public Works concurred that May 1st is a more realistic date; with the concurrence of Council, Mayor Firess directed that the discrepancy be resolved immediately and that the Planning staff assist the relocation in any way possible. Approval o£ Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and uannimously carried to approve the Agreement with Mission Trails Corral for lease of City -owned property for boarding stable purposes with the amendments to preclude keeping of animals or fowl creating a public nuisance and the inclusion of a 7:30 a.m., start-up time for group activities. -14- 3/19/80 DIRECTOR OF PUBLIC WORKS 1. STATUS REPORT - GRIEVANCES OF RESIDENTS (LOS CORRALES) (85) This item was taken out of order for the benefit of persons in the audience. Written Communications: Report dated March 19, 1980, from the Director of Public Works advising that results of a questionnaire mailed in February will be available at the April 2nd meeting; and, forwarding a letter dated March 10th from George T. Kruer, Patrick Development. Council Discussion: Mayor Friess advised that a meeting had been held with Mr. Kruer, Mrs. Ferruzzo, Mr. Fergeson and Council representatives to discuss the matter; that all parties had agreed to a process for handling the matter; and, recommended removing the two conditions placed on the developer on March 5th. Tim Kruer, Patrick Development, advised the Council of his objection to the word "grievances;" that the problems are legitimate customer service requests and not Code violations; advised of his company's dedication to building quality homes and of their willingness to cooperate with the City and residents of the tract. Removal of Conditions of March 5th: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to remove the two conditions placed on the developer at the March 5th meeting, as follows: (1) no occupancy permits are to be granted for any homes in the development which are not in escrow until the issues are resolved to the satisfaction of the City Council; and, (2) the developer is to allow the residents of the area to employ a third party opinion on any construction deficiencies. Council concurred with Councilman Thorpe's suggestions that the issues of the equestrian trail and drainage on the lots on the east side of the tract be addressed at the next meeting. He suggested a meeting involving the City, developer and affected persons in order to clarify the intent of the drainage patters; further, that Glendale Federal be required to accommodate all drainage from its development. RECESS AND RECONVENE The Council recessed at 9:25 P.M., and reconvened at 9:40 P.M. CITY CLERK 1. ELECTION STATUS REPORT (40) Written Communications: Report dated March 19, 1980, from the City Clerk advising that the ballots from the April 8 City election will be tabulated in the City Council Chamber following close of the polls; an Accu -Vote ballot counter will be rented for that purpose. A request from the City Clerk of the City of San Clemente for time sharing of the ballot counter has been approved and will result in a cost savings of approximately $250 for the Elections Account 1228. With the concurrence of Council, Mayor Friess ordered the report received and filed. -15- 3/19/80 269 CITY ATTORNEY 1. REGULATIONS FOR PARKING OF OVER -SIZED VEHICLES (64) Written Communications: Report dated March 19, 1980, from the City Attorney forwarding a proposed ordinance pertaining to the prohibition of on -street parking of certain motorized and non -motorized vehicles, as requested by Council on March 5th. Sheriff's Lt. Dennis LaDucer made an oral report, and recommended that the size of such vehicles be addressed in any legislation. Council discussed street signing that may be required by the ordinance, and Councilman Thorpe suggested alternative approaches— to adopting further legislation. Ken Glandt, 25601 Via Solis stated his concern with only "over -sized" vehicles. Mrs. Glandt advised that the Mission Bell tract has no CC&R's nor homeowners association through which regulations may be adopted. It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim that the Director of Public Works research the extent and costs of street signing and report further at the meeting of April 2, 1980. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: Councilman Schwartze DIRECTOR OF PUBLIC WORKS 1. GRADING BONDS, TRACTS 7617 AND 8594 (MARINERS VILLAGE) (29) Written Communications: (85) Report dated March 19, 1980, from the Director of Public Works advising that the grading work has been completed and that the developer has requested release of the bonds for Tracts 8594 and 7616; a cash deposit of $13,500 is on file for correction of drainage problems in Tract 8495. Dale Schlack, President, Board of Directors of the Homeowners Association, 25615 Mariner Drive, read a letter dated March 19 stating that discussions on grading problems are still being held with the developer and requesting that release of all grading bonds be withheld until a satisfactory solution is agreed upon by all parties and evidence of cimplementation is shown. Request for Report: With Council concurrence, Mayor Friess requested that the Director of Public Works meet with the Association for a delineation of all concerns; a report is to be submitted at the meeting of April 2, 1980. TRAFFIC AND TRANSPORTATION COMMISSION 1. CROSSING GUARD AND TRAFFIC SIGNAL - LA ZANJA AT CAMINO CAPISTRANO (82) This report was taken out of order on the Agenda for the benefit of interested persons in the audience. Written Communications: Report dated March 19, 1980, from George Alvarez, Commission Secretary, forwarding the recommendation made by the Commission on March 6th that a crossing guard not be instituted at this time, that the midblock crossing be deleted and that monitoring of pedestrian volumes at the intersection continue. -16- 3/19/80 270 Nancy Dingus, 30714 Calle Resplendor, representing the Parent- Teacher League of San Juan Elementary School, addressed the Council in support of a crossing guard and installation of a 4 -way traffic signal and stated the results of the pedestrian survey were skewed due to the hours the counts were taken. Mayor Friess suggested that staff inquire if a member of the senior citizens club would be willing to serve as a crossing guard. The Director of Public Works suggested using a temporary traffic signal. Approval of Crossing Guard: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried as follows: (1) to acquire a crossing guard from April 7, 1980, to the end of the school year with the matter to be discussed further during budget discussions; (2) the work hours for the crossing guard are to be determined following discussions with the District Superintendent of Schools; (3) the midblock crossing is to be eliminated at this time. Councilman Thorpe suggested that when the matter is scheduled for budget discussions, notification be given to the School District and the PTO. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT - MEREDITH CANYON LANDSCAPING/REQUEST FOR (85) Written Communications: (1) Report dated March 19, 1980, from the Director of Community Planning and Development advising that the developer has indicated a desire to resolve the landscape issues and, therefore, a hearing date should be set. (2) Letter dated March 4, 1980, from Richard Meredith, Vice President of the Craig Development Corporation, requesting exoneration of bonds for the Meredith Canyon Development and advising that no further action will be taken to resolve the issues of the one remaining area of slope repair and the landscaping of Areas F and G until the bonds are released. Further, that they will hold the City accountable for recovery of any damages arising from the refusal to release the bonds after the works have been completed. Hearing Date: There was a consensus of Council that the reports be received and filed and that a hearing date for review of landscape areas G and F be scheduled during the month of May. 2. TREE REMOVAL REQUEST - ARCHITECTURAL CONTROL 78-9 (HOME FEDERAL SAVINGS AND LOAN) (74) Written Communications: (68) (1) Report dated March 19, 1980, from the Director of Community Planning and Development, advising that the request for the removal of the pine tree at the corner of Camino Capistrano and Del Obispo Street has been approved, subject to replacement with two 48" box trees. (2) Letter dated March 19, 1980, from Margaret Chard, President of San Juan Beautiful, Inc., in opposition to the proposed removal of the Digger Pine tree. -17- 3/19/80 2'71 Retention of Pine Tree: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe to overturn the decision of the Tree Inspector and to direct that every effort be made to retain the tree. DIRECTOR OF PUBLIC WORKS: 1. STATUS REPORT - MULTI -MODAL TRANSPORTATION TERMINAL (88) Written Communications: Report dated March 19, 1980, from the Director of Public Works setting forth the progress on the development of the multi -modal transportation terminal. With the concurrence of Council, Mayor Friess ordered the report received and filed. DIRECTOR OF RECREATION 1. JOINT CITY/CUSD AD HOC RECREATION FACILITIES COMMITTEE (23) Written Communications: (62) Report dated March 19, 1980, from the Director of Recreation setting forth the status of the Committee approved by the Council on February 6th. Conceptual Committee Approval and Appointment of Council Representative: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to approve the committee duties in concept, the membership to consist of one City Council Member, one Parks and Recreation Commissioner, one Capistrano Unified School District Board Member, and one School administration member. There was a consensus of Council that Gary Hausdorfer, Mayor pro tem, be appointed to serve as the City Council representative. COUNCIL ACTIONS 1. DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE/ECONOMIC DEVELOPMENT COMMITTEE (23) Written Communications: Reports dated March 19, 1980, from the City Manager forwarding the duties and membership of the two committees. Council discussed possible consolidation of the two committees, and Mayor Friess suggested dissolving the Economic Development Committee. The Director of Community Planning and Development advised that the Envionmental Impact Report for the downtown study area will be complete in approximately 40 days. Request for Committee Description: There was a concurrence of Council that Councilmen Hausdorfer and Schwartze, Rita Casteel of Bank of American, and John Saunders of Endevco be requested to write a description of a proposed consolidated committee for Council review on April 16, 1980. Staff is to determine the interest of current committee members in serving on a new committee. 2. NOMINATIONS TO ORANGE COUNTY GRAND JURY (56) Written Communications: Report dated March 19, 1980, from the City Manager, forwarding the applications received for nomination to the Grand Jury. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that the following persons be nominated for service on the Orange County Grand Jury: Al R. Arps, Gerald G. Greeley, C. C. McCary, Arthur F. McConnell, Jr. -18- 3/19/80 2'72 The City Manager was directed to advise each of the applicants of their nomination and to direct a letter to Leonor Hammond in appreciation of her service on the Grand Jury during the last year. 3. APPOINTMENT TO THE TRAFFIC AND TRANSPORTATION COMMISSION tt.rrT rrwe mrwn�mr� (23) Written Communications: Report dated March 19, 1980, from the City Manager forwarding the applications received for appointment to the Traffic and Transportation Commission. 4. It was moved by Councilman Hausdorfer, seconded by Mayor Friess and unanimously carried to appoint William L. Timoti, 25702 Calle Jardin, to fill the existing vacancy on the Commission. ACCEPTANCE OF RESIGNATION OF ARCHITECTURAL BOARD OF MEMBER ANTHONY L. BLAND (23) It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to accept the resignation from the Architectural Board of Review effective March 18th, as submitted by Anthony L. Bland. Mr. Bland will commence his duties as a Member of the Planning Commission on March 25, 1980. The City Clerk was requested to advertise the ABR vacancy and to schedule appointment for the meeting of April 16, 1980. 5. STATE AND FEDERAL LOW-COST HOUSING ASSISTANCE FUNDS (JUNE 3 REFERENDUM ELECTION) (40) Council received copies of a letter dated March 3, 1980, (56) from John L. Avitabile, Executive Director of the Orange County Housing Authority, advising that the County has adopted a resolution providing for an "Article XXIV Referendum" for the June 3rd election. Passage of the referendum will permit the County to receive state or federal funds for the construction, development, or acquisition of rental housing for elderly, handicapped and low- to moderate -income households within unincorporated areas. The letter further advised that the resolution provides for cities in the County to participate in the fererendum upon passage of a resolution to that effect, and such city votes would be tallied separately to determine if the referendum were approved by a majority of voters within the City. If approved, the city would be eligible to receive housing assistance funds also. City Participation in June 3, 1980, Election: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried that the following Resolution be adopted: RESOLUTION NO. 80-3-19-12, JUNE 3 REFERENDUM ELECTION - STATE AND FEDERAL LOW-COST HOUSING ASSISTANCE FUNDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING PARTICIPATION IN A SPECIAL ELECTION CALLED BY THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO APPROVE RENTAL HOUSING DEVELOPMENT FOR ELDERLY, HANDICAPPED, LOW- OR MODERATE -INCOME PERSONS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Schwartze -19- 3/19/80 273 COUNCIL REMARKS 1. MEETING SCHEDULE - WORKSHOP FOR DISCUSSION OF HILLSIDE REGULATIONS AND ARCHITECTURAL GUIDELINES (32) Council concurred with the suggestion of Councilman Hausdorfer that a workshop be scheduled for May 21, 1980, for discussion of the Hillside Development Regulations and Architectural Guidelines. Notice of the workshop is to be sent to professional builders, architects, etc., with projects in the City. 2. COLINAS DE CAPISTRANO - LEGAL REMEDIES TO COUNTY APPROVAL OF RIDGELINE DEVELOPMENT (56) It was moved by Councilman Hausdorfer, seconded by Councilman (35) Thorpe and unanimously carried that the City's legal consultants, the firm of Rutan and Tucker, be instructed to research and report back as soon as possible any and all legal remedies that the City may have with respect to the action taken by the County on the feature and area plans, as well as any prior subdivision and environmental approvals, with regard to the Colinas de Capistrano property; said report to specifically include any potential legal actions that may be filed at this time; further, said report is to be submitted by April 2, 1980. 3. SOUTHEAST REGIONAL RECLAMATION AUTHORITY (79) Councilman Thorpe commented on the future agreement for funds for emergency services at the Treatment Plant, drainage flows from adjacent development, and the activity in recruitment of a General Manager. 4. TREE PLANTING PROGRAM - SAN JUAN BEAUTIFUL, INC. (74) Mayor Friess noted receipt of a letter dated March 12, from (61) Carolyn J. Nash, representing San Juan Beautiful, Inc., proposing a continuation of the street tree planting program established in 1975 and a contribution of $1,500 to be matched by the City for planting of trees during 1980. Approval of Proposal: There was a consensus of Council that the street tree planting be approved and San Juan Beautiful, Inc., so advised. 5. OPEN SPACE PLANTING (32) Councilman Thorpe suggested that the possibility of seeding wildflowers and planting native trees on the Glendale Federal property open space be investigated. 6. LOCAL AGENCY FORMATION COMMISSION - NOMINATION OF LEAGUE OF CALIFORNIA CITIES REPRESENTATIVE (SCHWARTZE) (21) It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to nominate Councilman Phillip R. Schwartze to the position of League of California Cities representative to the Local Agency Formation Commission for the 4 -year term commencing in May, 1980. RECESS AND RECONVENE Council recessed to an Executive Session at 11:40 p.m., the City Clerk being excused therefrom, and reconvened at 12:35 a.m., March 20th. -20- 3/19/80 274 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:37 a.m., March 20, 1980, to the next regular meeting date of Wednesday, April 2, 1980 at 7:00 P.M., in the City Council Chamber. ATTEST: KENNETH E. FRIESS, MAYOR Respectfully submitted, MARY ANN % s� —21— 3/19/80