Loading...
80-0402_CC_Minutes_Regular Meeting2'76 APRIL 2, 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 7:00 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Councilman Gary L. Hausdorfer. ROLL CALL PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem Lawrence F. Buchheim, Councilman Phillip R. Schwartze, Councilman James F. Thorpe, Councilman ABSENT: None STAFF PRESENT: 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; Mary Ann Hanover, City Clerk; Cheryl Johnson, Deputy City Clerk. MINUTES Regular Meeting of March 19, 1980: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of March 19, 1980, be approved with the notation that Councilman Hausdorfer was absent for Minute approval and the Motion to Read by Title Only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: None ABSTAIN: Councilman Schwartze ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze 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 EXECUTIVE SESSION Council recessed to Executive Session at 7:04 P.M., the City Clerk being excused therefrom, and reconvened at 7:40 P.M. (56) Colinas de Capistrano - Authorization to File Legal Action: (35) Mayor Friess advised that the City's position regarding recent County actions on the Colinas de Capistrano development had been discussed, and it was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to authorize the law firm of Rutan and Tucker, in association -1- 4/2/80 2'7'7 with the City Attorney, to file all appropriate actions against all appropriate parties to protect the ridgelines on the Colinas de Capistrano property, including any and all governmental approvals received on that property. ORAL COMMUNICATIONS 1. BEAR BRAND RANCH GRADING (DULL) (85) Ronald and Julie Dull, 31851 Via de Linda, advised that their property at the terminus of Calle Aspero abuts the City boundary; that although their property line extends only half way up the backyard slope, they have landscaped and maintained the entire slope; that grading will be commencing on the Bear Brand Ranch project and recent plans indicate that a cut will be made on City property diagonally across the slope; and, that such a cut will create adverse environmental impacts. Mr. Dull requeste City action to halt the grading until the grading design can be re -engineered. Following discussion and with the concurrence of Council, Mayor Friess directed that the Director of Public Works investigate the concerns, advise Mr. and Mrs. Dull of his findings and work to preclude any action on City property prior to the next Council meeting. 2. IRREVOCABLE OFFER OF DEDICATION - ROAD AND EQUESTRIAN PURPOSES I TTTTI TIi X (73) Written Communications: (80) (1) Letter dated March 26, 1980, from Paul J. Burke, 31351 (91) Aguacate Road, requesting consideration of an equestrian and road easement for Parcel 121-070-59, in order to determine jurisdiction and liability prior to obtaining estimates to repair storm damage. (2) Letter dated April 2, 1980, from Paul Burke, citing concerns regarding liability, repair costs and funding for restoration of the property. Mr. Burke advised the Council of the damage to his property during the recent rains and presented pictures for their review; requested the Council to either accept or reject the offer of dedication so that ownership and responsibility can be established prior to applying for federal disaster assistance funds. The City Attorney and Director of Public Works were requested to meet with Mr. Burke regarding his concerns and report at the meeting of April 16th if Mr. Burke's concerns are not resolved to his satisfaction. 3. DENIAL OF TREE REMOVAL - HOME FEDERAL SAVINGS AND LOAN (68) Tom Fincher, Vice President/Design Manager, Home Federal Savings (74) and Loan, requested Council reconsideration of the March 19th denial of the application to remove a pine tree on Del Obispo. Mr. Fincher advised that the tree is hazardous; that required utility undergrounding and widening of Del Obispo have damaged the root system and traffic will continue to cause damage; that bracing of the tree is not aesthetically pleasing nor prudent. Mayor Friess noted that the direction that the tree be saved was a unanimous Council decision; any pruning of the tree is to be done with direction of the City staff. Mr. Fincher advised that he feels the City is accepting any potential liability should the tree collapse and that Home Federal is willing to cooperate. -2- 4/2/80 278 4. FLOOD REPAIRS/HUD FUNDING/RETIREMENT SYSTEM (80) Marilyn Williams, 29931 Camino Capistrano, expressed her concern (23) regarding funds expended on flood damage and was advised that through joint agreements with SERRA Member Agencies funds will be borrowed for repair; that legal action has commenced to recover funds and that grant applications are being filed. Mrs. Williams expressed concern regarding the interest rates and required refunding of interest earned in conjunction with the Housing and Community Development Grant; questioned the status of the development rights agreement with The Ranch; and, cited concern with the City retirement system. During the ensuing discussion, Mrs. Williams was advised that the City Attorney had initiated changes to The Ranch's contract to delete misleading references to "transfer of development rights;" and Councilman Schwartze advised that additional (66) information on the retirement system will be forthcoming. The City Manager was requested to draft a summary of this and past Council discussion on the retirement system. WRITTEN COMMUNICATIONS 1. STORM -RELATED CONCERNS - CAPTAIN'S HILL HOMEOWNERS ASSOC (80) The Council received copies of a letter dated March 11, 1980, (85) from John Kubas, Villageway Management, representative of Captain's Hill Homeowners Association, regarding storm -related problems in the development. Also forwarded was a response from the Director of Public Works to the questions raised in Mr. Kubas' letter. Joe Miller, 25642 Windjammer, President of the Association, suggested the Bear Brand Ranch be requested to install extra catchbasins and cited increased siltation due to a fire in the area. Following discussion, Mayor Friess suggested that Mr. Miller meet with the Public Works staff to discuss the situation. 2. IMPROVEMENT OF LOT 5, BLOCK 5, BURRUEL PLAZA (KING) (76) Council received copies of a letter dated March 19, 1980, from Chuck King, requesting directions and conditions necessary for the improvement of the Burruel Plaza. Mr. King, 26872 Calle Hermosa, Capistrano Beach, advised the Council that he is willing to submit designs in accordance with the downtown study, but that a time frame is needed in order to acquire funding. Mr. King was advised that a decision regarding the downtown area should be reached within six months, and staff was directed to draft a letter for the Mayor's signature advising Mr. King's bank that a final decision will be made during budget discussions this year. 3. DEVELOPMENT AT 34101 VIA CALIFORNIA - CAPISTRANO BEACH COMMUNITY ASSOCIATION (85) The Council received copies of a letter dated March 21, 1980, (56) from Mike Reed, President of the Capistrano Beach Community Association, setting forth concerns regarding the effect of a development at 34101 Via California on adjacent residences in Capistrano Beach. The item was referred to the Director of Community Planning and Development for reply. Councilman Thorpe suggested a policy that all community groups in an affected area receive Public Hearing Notices; and, Councilman Schwartze noted that there is an item on the To Do List regarding posting of the property affected by public hearings. -3- 4/2/80 9 ORDINANCES 1. ADOPTION OF ORDINANCE NO. 401, AMENDMENT TO ORDINANCE NO. 321 FOR ADDITIONAL DUTIES OF TRAFFIC AND TRANSPORTATION COMMISSION (23) Written Communications: (55) Report dated April 2, 1980, from the City Clerk, advising that Ordinance No. 401 was introduced on March 19, 1980, and is scheduled for adoption. Adoption 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 Schwartze, seconded by Councilman Hausdorfer that the following Ordinance be adopted: — 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 ABSTAIN: Councilman Schwartze ABSENT: None 2. RE -INTRODUCTION OF ORDINANCE NO. 403, REGULATING DOG LITTER (57) Written Communications: (45) Report dated April 2, 1980, from the City Clerk, advising that (55) the Ordinance was introduced on March 19, 1980, and is scheduled for adoption. Mayor Friess cited introduced, could and suggested that noted the need for Ordinance would be concerns that section 4 of the Ordinance, as lead to confrontations between property owners the section be deleted. Councilman Hausdorfer individual responsibility and that the impossible to enforce. Re -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 Buchheim, seconded by Councilman Schwartze that Section 4, Failure to Prevent Unlawful Canine Litter, be deleted and that the Ordinance be re -introduced: ORDINANCE NO. 403, CONTROL OF CANINE LITTER - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROHIBITING THE CREATION OF A PUBLIC NUISANCE BY FAILURE TO REMOVE UNLAWFUL CANINE LITTER The motion carried by the following vote: AYES: Councilmen Schwartze, Thorpe, Buchheim and Mayor Friess NOES: Councilman Hausdorfer ABSENT: None -4- 4/2/80 3. ADOPTION OF ORDINANCE NO. 402 - ABATEMENT OF VEGETATION OBSTRUCTING FREE PASSAGE (55) Written Communications: Report dated April 2, 1980, from the City Clerk, advising that the Ordinance was introduced on March 19, 1980, and is scheduled for adoption. Adoption 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 Hausdorfer, seconded by Councilman Schwartze that the following Ordinance be adopted: ORDINANCE NO. 402, ABATEMENT OF VEGETATION OBSTRUCTING FREE PASSAGE - AN ORDINANCE OF THE CITY OF 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 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 4. INTRODUCTION OF ORDINANCE NO. 404, REGULATING PARKING OF OVERSIZED VEHICLES (64) Written Communications: Report dated April 1, 1980, from the Director of Public Works advising of the costs and numbers of signs required to restrict parking of oversized vehicles on public streets, as requested by Council on March 19th. The following persons addressed Council: (1) Ken Glandt, 25601 Via Solis, addressed the Council and advised that parking regulations pursuant to the City's Traffic Ordinance are not generally posted and indicated his support for the Ordinance. (2) Henry Latunski, 25612 Via Solis, cited his feeling that parking of oversized vehicles is not a problem in the City as a whole and that he did not support the Ordinance. Councilmen Thorpe and Buchheim cited concerns that adoption of the ordinance would penalize residents whose oversized vehicles are not creating neighborhood conflicts; Mayor Friess advised he felt it is a City-wide problem. Introduction of Ordinance No. 404: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following ordinance be introduced: ORDINANCE NO. 404, PARKING RESTRICTIONS - OVERSIZED VEHICLES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 295 TO ADD CERTAIN SECTIONS PERTAINING TO THE PROHIBITION OF ON -STREET PARKING OF CERTAIN VEHICLES AND NON -MOTORIZED VEHICLES -5- 4/2/80 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess NOES: Councilmen Thorpe and Buchheim ABSENT: None Mayor Friess advised that the intent would be to place warning notices on vehicles violating the ordinance and that signing of the City would only be done if necessary. 5. INTRODUCTION OF ORDINANCE NO. 405, ITEM PRICING IN SUPERMARKETS (55) Written Communications: (1) Report dated April 2, 1980, from Loretta Zimmerman, Assistant to the City Manager, forwarding an ordinance requiring item pricing in supermarkets pursuant to Council direction on March 19. (2) Letter dated March 26, 1980, from Alice Symanski, in support of item pricing and forwarding a petition containing approximately 141 signatures supporting item pricing. The City Manager suggested that Section 5-15.03(A) be deleted from the Ordinance and the title of the Section change to read "Violations" since recent codification of the City's ordinances provides for uniform penalties. The following persons addressed Council: (1) Jan Gray, representing the Grocers Association, addressed the Council in opposition to the Ordinance. (2) Wilson Buckner, representing the legislative committee of the San Juan Capistrano Chamber of Commerce, read a resolution adopted by the Chamber on February 22, in opposition to an ordinance requiring item pricing. (3) Alice Symanski, 2808-A Camino Capistrano, San Clemente, representing the Orange County Consumer Coalition, addressed Council in support of the Ordinance. (4) Sherry Baum, Director of the Orange County Consumers Coalition, addressed the Council in support of the Ordinance. (5) Ken Stuart, 4551 Sharon Drive, Las Palmas, Director of Membership Services of the Retail Clerks Union advised of support for the ordinance. Council Discussion: - Councilman Schwartze cited his opposition to requiring item pricing and stated the City should not be involved in regulating the matter. Mayor Friess cited support indicated to him from mobile home parks. Councilman Hausdorfer felt that the public has not been properly prepared for the change -over and Councilman Thorpe noted his concerns with mistakes made by machines and lack of consumer information. Introduction of Ordinance No. 405: 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 Thorpe that the following Ordinance be introduced: ORDINANCE NO. 405, ITEM PRICE MARKING ON PACKAGED CONSUMER COMMODITIES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RELATING TO ITEM PRICE MARKING ON PACKAGED CONSUMER COMMODITIES -6- 4/2/80 The motion carried by the following vote: AYES: NOES: ABSENT: RECESS AND RECONVENE 282 Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess Councilman Schwartze None The Council recessed at 9:50 p.m., and reconvened at 10:05 p.m. BIDS. CONTRACTS, AGREEMENTS 1. AWARD OF FOR lat (38) Written Communications: (74) Report dated April 2, 1980, from the Director of Public Works forwarding an agreement with Boyle Engineering Corporation, of Newport Beach, for design of the southwesterly half of the La Novia Avenue bridge. The Director of Public Works advised that project implementation would be addressed during the budget process; by completion of the design the project will be available for grant funding. Award of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the agreement for Engineering Services for La Novia Bridge design in a total compensation of $38,900, and to authorize the Mayor and City Clerk to execute the document on behalf of the City. All other proposals received were rejected. 2. APPROVAL OF CHANGE ORDERS 5 AND 6, AHFP 883 DEL OBISPO/AGUACATE ROAD (GRIFFITH COMPANY) (44) Written Communications: (83) Report dated April 2, 1980, from the Director of Public Works requesting approval of Change Orders Nos. 5 and 6. Change Order No. 5, in the amount of $15,100, is for a retaining wall and to construct two driveways to street level. Change Order No. 6, in the amount of $12,911.99, is to purchase materials to raise water valves, detour striping, removal of AC debris, extra traffic control and reconstruction of curb and gutter. Approval of Change Orders: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve Change Orders Nos. 5, at $15,100, and 6, at $12,911.99, for the Del Obispo/ Aguacate Road project. 3. AWARD OF BIDS - PURCHASE OF TRUCKS (PUBLIC WORKS MAINTENANCE AND TREATMENT PLANT) (74) Written Communications: (75) Report dated April 2, 1980, from the Director of Public Works (79) advising that on March 7th bids were received for the purchase of two one -ton dump trucks and two 1/2 -ton pickups to replace vehicles damaged during the recent rains or which have been fully depriciated as of this year. Award of Bids: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to award the bids for purchase of trucks as follows: -7- 4/2/80 283 to McCoy Ford of Anaheim, for one -ton dump truck (Treatment Plant) at $11,994.55; to Sail Chevrolet of Laguna Beach, for -ton pickup truck (Treatment Plant) at $7,355.44; to Sail Chevrolet for one -ton dump truck (Public Works) at $11,691; to Sail Chevrolet for ,-ton pickup truck (Public Works) at $6,359.99. CONSENT CALENDAR It was moved by Councilman Hausdor£er and seconded by Councilman Schwartze that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated April 2, 1980, Warrants Nos. 19102 through 19223, inclusive, in the total amount of $605,177.77, was approved as submitted. 2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF MARCH 24, 1980 (23) The Report of Actions taken by the Equestrian Commission at the meeting of March 24, 1980, was ordered received and filed. 3. AGREEMENT FOR RELOCATION AND RECONSTRUCTION OF IMPROVEMENTS, ASSESSMENT DISTRICT 78-3 (CAPISTRANO ACRES MUTUAL WATER COMPANY) (38) The agreement with the Capistrano Acres Mutual Water Company (74) to relocate an irrigation line and construct a new well in conjunction with improvements for Assessment District 78-3 was approved and the Mayor and City Clerk authorized to execute the document, as set forth in the report dated April 2, 1980, from the Director of Public Works. 4. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT PARRA ADOBE (D.W. CONTRACTING) (38) Written Communications: (23) Report dated April 2, 1980, from the Director of Public Works, advising that work on the Parra Adobe has been completed. The payment status is as follows: Total project cost $42,148.00 Less 10% retention 4,214,80 Less previous progress payment 35,789.04 Amount Due $ 2,144.16 Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 80-4-2-1, COMPLETION OF THE PARRA ADOBE REHABILITATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE REHABILITATION OF THE PARRA ADOBE -8- 4/2/80 The Resolution accepts the work and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days; payment was authorized to D. W. Contracting in the amount of $2,144.16; payment of the 10% retention was authorized 35 days after recordation of the Notice of Completion. 5. RELEASE OF PUBLIC IMPROVEMENT BONDS - SESSMENT DISTRICT 78- (49) As set forth in the report dated April 2, 1980, from the Director (68) of Public Works, the following bonds for public improvements, (74) required for construction of public improvements should Assessment District 78-1 fail, are to be released immediately following the 30 -day collection period for Assessment District 78-1, which ends April 21st: Labor and Material Bond No. 000416, in the amount of $45,000, from Surety Insurance Company of California, dated July 17, 1978; Faithful Performance Bond No. 000416, in the amount of $45,000, from Surety Insurance Company of California, dated July 17, 1978. 6. RELEASE OF PUBLIC IMPROVEMENT BOND - ARCHITECTURAL CONTROL 78-2, 32841 CAMINO CAPISTRANO (NAPOLI) (38) As set forth in the report dated April 2, 1980, from the Director of Public Works, the following surety for public improvements, required for construction of public improvements should Assessment District 78-1 fail, is to be released immediately following the 30 -day collection period for Assessment District 78-1, which ends April 21st: Letter dated September 12, 1979, from the Bank of America, advising that funds in the amount of $42,000 are held on deposit to insure faithful performance of public improvements related to the Capistrano Car Wash, 32841 Camino Capistrano. 7. MODIFICATION TO ADMINISTRATIVE PROCEDURES, ENGINEER'S AGREEMENT (ASSESSMENT DISTRICTS 80-1 AND 80-2) (38) Modification of the two engineering contracts with Willdan and Associates of Anaheim, for Assessment Districts 80-1 and 80-2 to allow monthly payments for services, not to exceed the previously approved lump sum compensation upon completion of designated tasks, was approved. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS OF MARCH 6, AND MARCH 20, 1980 (23) It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to receive and file the Report of Actions taken by the Traffic and Transportation Commission at the meeting of March 6 and March 20, 1980. Councilman Thorpe requested that the Reports contain more detail for clarification. ACCEPTANCE OF PROPOSAL FOR SOILS INVESTIGATION SERVICES, ASSESSMENT DISTRICT 80-2 (McCRACKEN HILL) (38) It was moved by Councilman Thorpe, seconded by Councilman (74) Hausdorfer and unanimously carried to approve the proposal submitted by Leighton and Associates of Irvine, at a cost not to exceed $8,451, for preparation of a soils investigation report needed to insure that necessary soils stabilization activities are included in the preliminary cost estimate; the Mayor and City Clerk were authorized to execute the agreement on behalf of the City, as set forth in the report dated April 2, 1980, from the Director of Public Works. -9- 4/2/80 285 HOUSING AND COMMUNITY DEVELOPMENT ACT GRANT AND LOAN ACCOUNT - REFUND OF INTEREST EARNED (LOS RIOS AREA) (23) Written Communications: (38) Report dated April 2, 1980, from the Director of Community (89) Planning and Development advising that the City has been notified by the Orange County Environmental Management Agency that interest earned through October 31, 1979, on HCDA funds are to be refunded to the Orange County EMA for reimbursement to the United Stated Department of Housing and Urban Development. The funds are on deposit in the Security Pacific Bank for use in the Los Rios Home Improvement Program by low- and moderate -income families. Authorization for Refund: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to authorize refund of $1,374.00, from the HCDA grant and loan account, to the Orange County EMA for reimbursement to the United States Department of Housing and Urban Development. HOUSING AND COMMUNITY DEVELOPMENT ACT GRANT AND LOAN ACCOUNT - AMENDMENT TO SECURITY PACIFIC BANK AGREEMENT (23) Written Communications: (38) Report dated April 2, 1980, from the Director of Community (89) Planning and Development. This item was withdrawn from the Agenda due to receipt of a letter dated March 25, 1980, from Security Pacific National Bank advising that the FHA Title I Program Annual Percentage Rate has been raised to 17%. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. POLICY STATEMENT ON SLOPE DOWNDRAINS „ LAND USE MANAGEMENT CODE SECTION 4.1.12B.1 (55) Written Communications: (69) Report dated April 2, 1980, from the Director of Community Planning and Development forwarding a policy statement, as recommended by the Planning Commission and staff, resulting from the request of Richard E. Lownes of Pacific Soils Engineering, Inc., that the requirements for pipe downdrains be waived. Approval of Policy Statement: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the following policy statement for inclusion into the Council Policy Manual: "1. To discourage the use of pipe downdrains in manufactured slopes. 2. Authorize the Planning Commission to waive subsection 4.1.12B.1, Ordinance 293 (Land Use Code) requirement for interior (pipe) downdrains on manufactured slopes per the authority of Article 4.8 of Ordinance No. 293, when the following conditions are met: (a) The open downdrain has a curvilinear alignment. (b) The open downdrain is constructed of a material having a natural appearance (typically large rock, providing a cobblestone appearance)." -10- 4/2/80 2. INITIATION OF GENERAL PLAN AMENDMENT 80-2 AND (46) Written Communications: Report dated April 2, 1980, from the Director of Community Planning and Development. Approval of General Plan It was moved by Councilm Hausdorfer as follows: To confirm the inclusion Glendale Federal property Amendment 80-2; and, Amendments 80-1 and 80-2: n Schwartze, seconded by Councilman of the Falklam petition and the for consideration in General Plan • To adopt the following Resolution finalizing approval of General Plan Amendment 80-1 for the Van Roekel item only: RESOLUTION NO. 80-4-2-2, GENERAL PLAN AMENDMENT 80-1 (VAN ROEKEL) - A RESOLUTION OF THE CITY COUNCIL OF TH CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CITY'S GENERAL PLAN FOR 30.42 ACRES LOCATED ON THE EAST SIDE OF INTERSTATE 5 BETWEEN MARGUERITE PARKWAY AND VIA ESCOLAR The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, and Mayor Friess NOES: Councilmen Thorpe and Buchheim ABSENT: None 3. CONDITIONS OF APPROVAL, TRACT 10564 (WINTON/WILLCOX) (85) The Director of Community Planning and Development advised that the applicant had requested that the item be withdrawn from Council consideration. DIRECTOR OF PUBLIC WORKS 1. AGREEMENT FOR ADMINISTRATION OF EMERGENCY REHABILITATION FUND (SERRA) (79) Written Communications: Report dated April 2, 1980, from the Director of Public Works forwarding a proposed agreement to allow temporary borrowing of approximately One Million Dollars by SERRA for repairs to the Treatment Plant, as a result of the water inundation experienced on January 29, 1980. The agreement provides that all funds received from insurance coverage, disaster relief, and claims for damages would be committed. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve in concept the draft agreement between SERRA and California First Bank for temporary borrowing of funds to repair the J. B. Latham Regional Wastewater Treatment Plant and to authorize the Mayor and City Clerk to execute the final agreement copy upon submittal to the City by the SERRA attorney; the anticipated expenditure of $322,000 from the Sewer Enterprise Fund is authorized. 2. STATUS REPORT - LOS CORRALES HOMEOWNERS (85) Written Communications: (1) Report dated April 2, 1980, from the Director of Public Works setting forth the status of efforts to resolve differences between the developer of Los Corrales Estates and the 18 homeowners who had expressed dissatisfaction with correction of minor repairs. -11- 4/2/80 287 (2) Letter dated March 31, 1980, from Tim Kruer of Corrales Estates, 2643 Fourth Avenue, San Diego 92103, summarizing procedures agreed upon at a meeting of March 24 attended by representatives of the City, Corrales Estates, the architect, testing engineers, and plastering subcontractor; Robert T. Reeds, consultant with American Home Inspection; and Mr. and Mrs. Ferruzzo, homeowners. Tricia Herter, 31901 Via Montura, addressed the Council and concurred with the staff report findings that the developer is continuing to show diligence in efforts to correct any remaining deficiencies and suggested staff follow-up on the matter. Mrs. Herter provided a copy of the report compiled by American Home Inspection, 26916 Pueblo Nuevo Drive, Mission Viejo 92691, and requested Council review of the Report. Tim Kruer, the developer, advised that 85-90 percent of the items needing repair have been completed and noted that the Home Owners Warranty program is in effect. Mayor Friess suggested that if the matter isn't resolved it should be scheduled on the May 7th Council Agenda for further consideration. It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to direct staff to continue monitoring the process for meeting homeowner needs in the Los Corrales development. 3. REGIONAL SOLIDS TREATMENT CENTER - PROJECT COMMITTEE NO. 11 (SERRA) (79) Written Communications: Report dated April 2, 1980, from the Director of Public Works describing SERRA Project Committee No. 11 (Regional Solids Treatment Facility), which proposes improvements and expansion of one of the solids processing facilities in San Clemente, improvements and consolidation of the SERRA plans and the Capistrano Beach plant, and establishment of a sludge composting operation at the Prima Deshecha Sanitary Landfill. With the concurrence of Council, Mayor Friess ordered the report received and filed. 4. PURCHASE OF STREET SWEEPER (75) Written Communications: Report dated April 2, 1980, from the Director of Public Works advising that the necessary information will be submitted at a later date. 5. TRABUCO CREEK BANK STABILIZATION (80) Written Communications: Report dated April 2, 1980, from the Director of Public Works in response to the request of Ron Hanson, owner of Sycamore Trails Stables, for permission to stabilize the bank and channelize the Trabuco Creek at the rear of his property due to erosion problems. Issuance of Grading Permit: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to authorize the issuance of a Grading Permit for restoration of the ground lost during recent storms, including rip -rap protection of the sewer line. Waiver of Inspection Fee: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to waive fees incurred from grading inspection. -12- 4/2/80 Evalution of Trabuco and Oso Creek Improvements: Funding of a study to evaluate improvements to the Trabuco and Oso Creek channels is to be considered during Capital Projects budget review. Mayor Friess noted that the entire Trabuco-Oso Creek areas may require a General Plan Amendment; Councilman Thorpe noted that the land uses of the area should be reviewed in order to generate funds for flood control. A field trip of the area is to be scheduled for City Council Members, staff, and Assemblywoman Bergeson. 6. TRAFFIC SAFETY ALTERNATIVES (LA ZANJA/CAMINO CAPISTRANO) (82) Written Communications: Report dated April 2, 1980, from the Director of Public Works regarding the feasibility of installing a traffic signal at Camino Capistrano and La Zanja. Traffic Signal Design: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to direct the Public Works Department to begin design immediately for the installation of a traffic signal at the intersection of Camino Capistrano and La Zanja and to authorize an amendment to the 1979-80 budget in the amount of $50,000.00. Crossing Guard Service: It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried to authorize the Mayor to advise the Capistrano Unified School District that the City would be willing to share the costs of crossing guard service with the District until such time as the traffic signal is installed. 7. TRACT 937 (23) Equestrian Trail Review: (85) In response to Council, Tim Kruer, the developer, advised that the trail fencing within Tract 9373 would be installed within two weeks. Mr. Kruer noted that he would be willing to meet with Council Members or the Equestrian Commission to review the equestrian trail alignment and, due to meeting schedules, there was a consensus of Council that a field trip be scheduled with Members of the City Council, the developer and the Director of Public Works. 8. APPROVAL OF PHASING SCHEDULE AND REQUEST FOR CERTIFICATES OF USE AND OCCUPANCY, TRACT 7654 (PATRICK) (25) Written Communications: (85) Report dated April 2, 1980, from the Director of Public Works. It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to approve the phasing schedule as submitted and to release the authority to staff to issue Certificates of Use and Occupancy for Phases I through V. 9. TRACT 9373 - REPLACEMENT OF TREES AT TRACT ENTRANCE (74) Tim Kruer, developer of Tract 9373 requested authority to (85) remove the dead eucalyptus trees at the entrance to the tract and to plant one giant ficus and one coral tree as replacement. Approval of Tree Removal and Replacement: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the removal of the dead eucalyptus trees and to approve the planting of a giant ficus tree and a coral tree at the tract entry as replacements. -13- 4/2/80 PLANNING COMMISSION 1. REPORT OF MEETING OF MARCH 25, 1980 (67) It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried that the Report of Actions taken by the Planning Commission on March 25, 1980, be received and filed. Councilman Thorpe noted that it is inappropriate for the Commission to recommend legal action to the City Council. CITY MANAGER 1. CITY COUNCIL POLICY MANUAL (32) Council reviewed the policy statements dated February 6, 1980, (69) commencing with recommended policies for all Commissions and Boards and ending with Handicapped parking spaces in public parking lots. Approval of Policies: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the policy statements as submitted, with the following exceptions: 1. Positions taken by City Commissions and Boards: The statement is to be amended to indicate that all letters representing City position or policy must emanate from the City Council. 2. Appointment of Commission and Board Members: The statement is to be amended at line 4 to read, their knowledge of the subject matter and involvement in . . ." 3. Mobile Home Park Review Board - Cost of Living Index: This statement is to be held for consideration at a later date. COUNCIL REMARKS AND COMMITTEE REPORT 1. TRACT 6305 (THE HUNT CLUB) (85) Councilman Hausdorfer requested that the March 14, 1980, letter from the Hunt Club regarding Hillside Regulations be scheduled for the Agenda in May. 2. TREE REMOVAL AT VIA ESTELITA (74) Council concurred with Councilman Thorpe that Tree Inspector hearings should be in the evenings rather than 10:00 A.M., possibly prior to Planning Commission meetings. 3. POLICY STATEMENT, PUBLIC HEARINGS (69) A Policy Statement is to be prepared requiring that all public hearings be held after 5:00 P.M. for the benefit of the public. 4. LOS CORRALES DRAINAGE (80) In response to Councilman Buchheim, the Director of Public Works advised that the owners of property at the tract boundary will receive letters from the Building Division regarding drainage. 5. LEGISLATION (51) Councilman Schwartze suggested Mayor in support of Senate Bill pornographic paraphernalia. that a letter be sent from the No. 1827 prohibiting sale of -14- 4/2/80 6. SAN JUAN CAPISTRANO FIESTA ASSOCIATION - SWALLOWS DAY PARADE (61) Councilman Schwartze suggested that discussion be held with the Fiesta Association regarding parade activities and, suggested that a letter of appreciation be sent for Sheriff services on March 22, 1980. 7. TRACT DEVELOPMENT (85) Councilman Schwartze inquired if letters had been sent to developers whose projects are commendable. Councilman Thorpe suggested construction should be resp i.e., traffic, dirt movemen B. STAFF REPORTS AND FINANCING (41) Councilman Thorpe requested reports specify the funding that persons responsible for :)nsible for construction problems; t, drainage, cleanup. that Council actions in staff accounts for all projects. 9. JONES SAND AND GRAVEL OFFICE (39) Councilman Thorpe inquired about the status of the Jones Sand and Gravel operation with regard to licensing and taxes. 10. BIKETRAILS (62) Councilman Thorpe requested that the bikeway from Village San Juan to Capistrano Valley High be cleaned. 11. HEAD START PROGRAM ON CITY PROPERTY (39) In response to Councilman Buchheim, the City Manager advised that additional funds are required for the Head Start Program in an approximate amount of $6,800-$7,800 for fire hydrants, water lines, and fire proofing. It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried that the City indicate that it has made as much of a commitment as feasible at this point; and, if necessary, the program will have to find other sources of funds. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:02 a.m., Thursday, April 3, 1980, to the next meeting date of Tuesday, April 15, 1980, at 7:00 P.M., in the City Council Chamber. ATTEST: KE NETH E. FRIESS, MAYOR Respectfully submitted, MARY P. N VER, CITY CLERK -15- 4/2/80