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80-0416_CC_Minutes_Regular Meeting299 APRIL 16, 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 Hausdorfer at 7:00 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Chris Lenocker, Community Presbyterian Church. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Phillip R. Schwartze, Mayor pro tem Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman ABSENT: James F. Thorpe, 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; Mary Ann Hanover, City Clerk; Cheryl Johnson, Deputy City Clerk. MINUTES Regular Meeting ofApril 2, 1980: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of April 2, 1980, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Thorpe MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Buchheim that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Thorpe PRESENTATIONS AND COMMENDATIONS 1. INTRODUCTION OF MISS SAN JUAN CAPISTRANO CAND PROCLAMATION OF MISS SAN JUAN CAPISTRANO WEEK (29) Mayor Hausdorfer advised that the 11th annual Miss San Juan Capistrano contest will be held at the Capistrano Valley High School on Saturday, April 19th at 7:30 p.m.; that the contest is sponsored by the Chamber of Commerce. Doris Lindsey, Manager of the Chamber of Commerce, introduced Sylvia Sturgeon and Toni Decker, Co -Chairmen of the pageant, and Mrs. Sturgeon introduced 6 of the 9 contestants, each of whom advised the Council of their current occupations and future goals. -1- 4/16/80 299 Mayor Hausdorfer read in the week of April 13-19, Week in the City of San contestants success. ORAL COMMUNICATIONS full the proclamation designating 1980, as Miss San Juan Capistrano Juan Capistrano, and wished the 1. EQUESTRIAN TRAIL, AGUACATE AREA (BURKE (23) Paul Burke, 31351 Aguacate Road, advised the Council that (73) pursuant to Council direction of April 2nd, he had met with (91) staff regarding ownership of an irrevocable offer of dedication for equestrian trail purposes. It had been determined that the City had accepted dedication of the trail and Mr. Burke expressed concern for the public health and safety due to the condition of the trail after the storms. He advised that he had fenced the area and requested the Equestrian Commiss: z review and report on the damage; further, that he felt it is the City's obligation to maintain and repair the trail. With the concurrence of Council, Mayor Hausdorfer referred the matter to the Director of Public Works; if necessary, the Equestrian Commission will be requested to review the trail at a later date. 2. SISTER CITY ASSOCIATION (34) Janet Boucher, 27361 Ortega Highway, requested waiver of fees and permission to use the Dance Hall on Thursday, June 5th for a meeting to determine interest in joining the Sister City Association. Council concurred in their support of Sister City activities and in granting a waiver of the fees. 3. NATIONAL LIBRARY WEEK (52) Erla Wetherall, San Juan Capistrano Librarian, advised that this is National Library Week, noted that Saturday will be a fine -free day, and presented each Council Member with a library card. 4. DEBRIS IN DOWNTOWN AREA/ORTEGA HIGHWAY (45) Al Harrington, 27703 Ortega Highway, Space 50, cited his concern for the debris in the area of the Mission and the dried mud and sandbags along the walls on Ortega Highway opposite the easterly entrance to El Nido Mobile Estates. There was a concurrence of Council to refer the matter to the Director of Public Works for solution. 5. PETITION IN OPPOSITION TO ORDINANCE RESTRICTING PARKING OF RECREATIONAL VEHICLES (64) Henry Latunski, 25612 Via Solis, presented and read petitions (72) signed by approximately 138 residents and merchants of San Juan Capistrano opposing the adoption of the ordinance to restrict recreational vehicle parking. Mr. Latunski advised that he felt the problem was a personal problem, not a City-wide problem, and that residents should be notified of this type of ordinance. WRITTEN COMMUNICATIONS 1. GRADING OF SLOPE, LOT 28, TRACT 7112 (DULL (25) The Council received copies of a letter dated April 7, 1980, (85) from Ronald Dull, 31851 Via de Linda, requesting Council action to prevent any grading in Tract 7112 on or adjacent to Lot 28, which would affect the existing slope or fence without prior consent of the affected homeowner. -2- 4/16/80 X00 ! The Director of Public Works advised that the problem is under control, and Councilman Friess requested that Mr. Dull's original application dated May 29, 1979, for encroachment into the City's right -o£ -way for a backyard fence, be added to the record. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 80-2B, ADDITIONAL ENVIRONMENTAL IMPACT INFORMATION (GLENDALE FEDERAL) (CONTINUATION) This Hearing was continued from the Council meeting of March 5, 1980. (46) Written Communications: (68) Report dated April 16, 1980, from the Director of Community Planning and Development advising that no further information has been received regarding geology and land use. Public Hearing and Continuation: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing; and, there being no response, directed that the Hearing be continued to the meeting of Wednesday, June 4, 1980, at 7:00 p.m., in the City Council Chamber. 2. TENTATIVE PARCEL MAP 79-862 (SACARAMA LIMITED PARTNERSHIP (85) Proposal: Resubdivision of two existing parcels into three lots containing a minimum lot size of 1 acre each, located on Sacarama Lane westerly of Aguacate Road, in the Large Estate District. On March 25th, the Planning Commission recommended denial of the parcel map based upon the determination that the project would intensify use of an existing substandard private street and that the present roadway width and right-of-way are insufficient to provide adequate and safe access for present and future residents. Applicant: Sacarama Limited Partnership, c/o Roland Olsen, General Partner, P. 0. Box 986, San Juan Capistrano. Written Communications: (1) Report dated April 16, 1980, from the Director of Community Planning and Development, recommending approval of the Tentative Parcel Map subject to conditions. (2) Equestrian Commission Agenda Item dated January 25, 1980, regarding the proposed Tentative Parcel Map. Exhibits were on display and Mr. Merrell clarified the circulation concerns expressed by the Planning Commission regarding the undeveloped and unpaved road system. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer declared the Public Hearing open and the following persons responded: (1) Roland Olsen, applicant, cited his concern regarding Condition No. 7 requiring the paving of Sacarama Lane from his property to Aguacate Road; advised he had no objections to joining an Assessment District. (2) Elmer Christiansen, Engineer, cited his concern regarding Condition No. 9 requiring the extension of Peppertree Bend northerly to the existing irrevocable easement for Sacarama. Mr. Christiansen advised Condition No. 7 could be handled by the internal circulation and by prohibiting -3- 4/16/80 301 parking on Sacarama. He suggested that Condition No. 7 be reworded, Condition No. 8 regarding the Assessment District be retained, and Condition No. 9 be deleted. (3) John Williams, 31581 Aguacate Road, questioned when the private portion of Aguacate Road had been redesignated as Sacarama Lane. (4) Ray Fulcher, 31583 Aguacate Road, expressed his opposition to the use of the private roads by persons who did not have legal access, noted potential hazards and cited his concern for additional traffic. Mr. Christiansen advised that he has obtained legal rights to use the road. There being no one else wishing to address the Council, Mayor Hausdorfer declared the Public Hearing closed. Approval of Tentative Parcel Map 862: It was moved by Councilman Friess and seconded by Councilman Schwartze that the following Resolution be adopted with amendments to: Condition No. 7 to require improvement of the right-of-way in front of the property on the westerly side as would be necessary for future tie-in with the ultimate extension of Sacarama, the amendment would delete the requirement to improve Sacarama to Aguacate road; and, Condition No. 9 to require an agreement for acquisition and improvement of a necessary tie-in to the Peppertree Bend at such time as an Assessment District is formed and the property is included in the district: RESOLUTION NO. 80-4-16-1, TENTATIVE PARCEL MAP 79-862 (SACARAMA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 79-862, A THREE -PARCEL SUBDIVISION LOCATED ON SACARAMA LANE The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Thorpe Councilman Friess clarified that the developer be allowed to go ahead with the project and to continue his access on Sacarama, but that the intent is that the alternate access would be accomplished with the assessment district if the access proves feasible. Mayor Hausdorfer directed that the requirement for improvement of a tie-in to Peppertree Bend be returned to Council with specific design considerations; that if the condition is found to be unreasonable, it will not be imposed. Councilman Friess stated for the record that he supports the completion of Via Estelita through the area. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 403, CONTROL OF CANINE LITTER (45) Written Communications: (55) Report dated April 16, 1980, from the City Clerk, advising (57) that the Ordinance was reintroduced on April 2nd and is scheduled for adoption. -4- 4/16/80 302 Adoption 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 the following Ordinance be adopted: 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 Friess, Schwartze and Buchheim NOES: Mayor Hausdorfer ABSENT: Councilman Thorpe 2. ORDINANCE RESTRICTING PARKING OF OVER -SIZED VEHICLES (64) Written Communications: (55) (1) Report dated April 16, 1980, from the City Clerk, advising that the Ordinance was introduced on April 2nd and is scheduled for adoption, and forwarding a letter dated April 8, 1980, from Kathleen and August Rudel in support of the ordinance. (2) Letter dated April 11, 1980, from Richard Rush, 31951 Calle Winona, in support of the ordinance. (3) Letter dated April 15, 1980, from Chuck Ward, President of Village San Juan Homeowners Association, in support of the ordinance. (4) Letter dated April 15, 1980, from Arlin Rude, 31232 Via Solana, in opposition to the ordinance. Motion to Adopt Ordinance: 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 that the ordinance to restrict parking of oversized vehicles be adopted. The motion died for lack of a second. Council Discussion/Public Input: There was a concurrence among the Council Members with Councilman Friess' concerns regarding the impact on persons whose only vehicle is "oversized;" the impact that such a parking restriction would have on merchants in the downtown area; and, the impact on short-term visitors to residents in the City. Councilman Friess advised that the intent was to deal with the problem of storing vehicles on the streets and parking of large commercial vehicles; i.e., dump trucks or semi -trucks. In response to his suggestion that a distance limit be placed in conjunction with the City's current 72 -hour parking limit, the City Attorney suggested the matter be reviewed further to determine a reasonable distance. The following persons addressed Council: (1) Arlin Rude, 31232 Via Solana, noted his letter in opposition to the ordinance and requested the matter be dropped. (2) Brian Jacobs, 25576 Via Solis, cited his concern that over -sized vehicles are a hazard to young children. -5- 4/16/80 303 (3) Monica Glandt, 25601 Via Solis, cited a petition submitted to Council previously in support of the parking restriction, and concurred with Mr. Jacobs' comments. (4) Dennis Johnson, Chairman of the Traffic and Transportation Commission, reiterated the concerns of the Commission and their recommendation against the restriction. (5) Eric Hulon, 27982 Paseo Barranca, advised that he owns commercial vehicles used in his business and cited problems encountered in storing vehicles that are used frequently. Referral to Staff: _ With the concurrence of Council, Mayor Hausdorfer directed that the ordinance be referred to staff for a report on May 7th addressing the Council's concerns and the possibility of imposing a distance restriction in conjunction with the 72 -hour parking limitation. 3. ADOPTION OF ORDINANCE NO. 404, ITEM PRICE MARKING IN SUPERMARKETS (76) Written Communications: (55) (1) Report dated April 16, 1980, from the City Clerk advising that the ordinance was introduced on April 2nd and is scheduled for adoption. (2) Letter dated April 15, 1980, from Chuck Ward, President of the Village San Juan Homeowners Association, in support of the ordinance. Council Discussion/Public Input/Adoption of Ordinance: 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 Friess that the ordinance to require item price marking on packaged consumer commodities be adopted; Councilman Schwartze seconded the motion with an amendment to add a sunset clause to expire in one year. The Council concurred that they would be in favor of reviewing the ordinance in one year; however, Councilman Friess and Mayor Hausdorfer expressed opposition to a sunset clause. Fred Jenner, representing the Chamber of Commerce, reiterated the Chamber's concerns as expressed in a Resolution dated February 22nd, and previously submitted to Council, and voiced the Chamber's opposition to adoption of the ordinance. Upon clarification that the motion did not include the addition of a sunset clause, but would include -review of the ordinance in one year, Councilman Schwartze withdrew his second. The motion that the following ordinance be adopted was then seconded by Councilman Buchheim: ORDINANCE NO. 404, ITEM PRICE MARKING ON PACKAGED CONSUMER COMMODITION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RELATING TO ITEM PRICE MARKING ON PACKAGED CONSUMER COMMODITIES The motion carried by the following vote: AYES: Councilmen Friess, Buchheim and Mayor Hausdorfer NOES: Councilman Schwartze ABSENT: Councilman Thorpe -6- 4/16/80 304 4. ADOPTION OF ORDINANCE NO. 405, AMENDMENT TO ORDINANCE NO. 380 MOBILE HOME PARK REVIEW BOARD (URGENCY) (23) Proposal: (55) Adoption of an urgency ordinance which would amend Sections 2 and 7 of Ordinance No. 380 to allow an increase in space rents up to the percentage of increase in the most recent Consumer Price Index, or nine percent, whichever is less. The Mobile Home Park Review Board had recommended a monthly rate increase equal to the application of the Consumer Price Index to the operating expenses of a park, adding 10 percent for profit and dividing by the number of spaces in a park. Written Communications: (1) Report dated April 16, 1980, from the City Manager, forwarding the proposed ordinance. (2) Letter dated April 16, 1980, from Edwin Clark, 32302 Alipaz Street, Space 267, setting forth increased rental costs in San Juan Mobile Estates and forwarding a copy of the original and amended park rules. The City Manager advised that the ordinance is an urgency measure; Councilman Friess noted he had requested the item, which is a temporary measure until the Mobile Home Park Review Board has a chance to reach a reasonable solution. Receipt of Public Input: The following persons addressed Council: (1) Art McConnell, 26000 Avenida Aeropuerto, Space 107, read a prepared statement in favor of the recommendation made by the Mobile Home Park Review Board. (2) Marvin G. Klassen, 26000 Avenida Aeropuerto, Space 156, advised of his support of the ordinance as written. (3) Lee Ostheimer, 27703 Ortega Highway, Space 123, questioned the impacts should Proposition 10 on the June ballot pass. (4) Dr. Ervin Watkins, owner, Capistrano Valley Mobile Estates, noted that this is a temporary measure and cited his support of the nine percent figure; noted he is working through the Mobile Home Board for a fair and reasonable solution to the problem. (5) Jack Gallagher, 27703 Ortega Highway, Space 73, suggested tabling the ordinance until the outcome of Proposition 10 is determined; questioned the legal status of the 3 -year lease at El Nido, since it is based on a 10 percent yearly increase. (6) Fred Kelly, 27703 Ortega Highway, Space 153, suggested tabling the ordinance until the outcome of Proposition 10 is determined and then reconsidering the matter as recommended by the Mobile Home Review Board. Councilman Friess advised that residents in several parks have received notices of substantial rent increases effective May lst; therefore, the item should not be tabled. Mayor Hausdorfer suggested that since the proposed ordinance is a temporary measure, a 6 -month time limit be set for reaching an equitable solution. (7) Al Arps, 32302 Alipaz Street, Space 158, advised of the parks due for rent increases and potential problems if no action is taken at this time. -7- 4/16/80 (8) Austin Dodge, 32371 Alipaz Street, Space 124, expressed his concern that applying a rent increase based on a park's mean rents is not equitable. Adoption of Ordinance: 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 Friess, seconded by Councilman Schwartze that Section 7, Paragraph 2, be amended to read as follows: "The 'Maximum Allowable Percentage' shall be applied to each space and shall not be based upon the park's mean rent. There shall, moreover, be no more than one increase in space rents within a park during any twelve - month period." and that the following Ordinance be adopted: NO. 405, AMENDING ORDINANCE NO. 380 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 2 AND 7 OF ARTICLE 9, CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE (URGENCY) The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Thorpe Mayor Hausdorfer directed the City Attorney to report in six months. 5. ORDINANCE NO. 406, INTENT TO FORM LANDSCAPE MAINTENANCE DISTRICT, TRACT 7654 (PATRICK) (55) Written Communications: (75) Report dated April 16, 1980, from the Director of Public Works (85) forwarding a Preliminary Report and proposed ordinance for formation of the landscape maintenance district; the estimated annual maintenance cost of $12,000 will be reimbursed to the City through property tax assessments to the residents of the tract. The City will contract for the maintenance services. Approval of Preliminary Report: It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to approve the Preliminary Report for the formation of a landscape maintenance assessment district for Tract 7654. Introduction of Ordinance No. 406: 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 Schwartze that the following ordinance be introduced: ORDINANCE NO. 406, DECLARING INTENT TO FORM LANDSCAPE MAINTENANCE DISTRICT - TRACT 7654 - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING INTENT TO FORM AN OPEN SPACE MAINTENANCE DISTRICT FOR TRACT 7654 -8- 4/16/80 306 The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Thorpe The Ordinance sets an annual assessment limit of $0.65 per $100 of assessed valuation; and, sets a protest hearing for the City Council meeting of June 18, 1980, at 7:00 p.m., in the City Council Chamber. RECESS AND RECONVENE Council recessed at 9:30 p.m., and reconvened at 9:45 p.m., with Councilmen Schwartze and Thorpe absent. RESOLUTIONS 1. INTENT TO VACATE PUBLIC RIGHT-OF-WAY (VERMEULEN) (91) Written Communications: Report dated April 16, 1980, from the Director of Public Works advising that a request has been made to vacate a portion of Alipaz Street, west side, from 1,050 feet north of Camino del Avion to 500 feet northerly. The area to be vacated is within the old alignment of Alipaz. Resolution of Intent: It was moved by Councilman Buchheim and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 80-4-16-2, INTENT TO AZ STREET - OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF ALIPAZ STREET FROM 1,050 FEET NORTH OF CAMINO DEL AVION TO 500 FEET NORTHERLY The motion carried by the following vote: AYES: Councilmen Friess, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilmen Schwartze and Thorpe The Resolution sets a hearing for the City Council meeting of May 21st at 7:00 p.m., in the City Council Chamber. Councilman Buchheim suggested that staff discuss the possibility of obtaining an easement along the east side of Del Obispo Street from Mr. Vermeulen as a walkway for school children. BIDS, CONTRACTS, AGREEMENTS 1. PURCHASE OF LABORATORY EQUIPMENT, SERRA TREATMENT PLANT (75) Written Communications: (79) Report dated April 16, 1980, from the Director of Public Works. The report advised that on April 4th bids were received from four companies for laboratory equipment for the SERRA Treatment Plant, and that pursuant to the bid specifications, the bids will be awarded based on the lowest price bid per unit, rather than the lowest total bid. The report recommends awarding bid items to three companies and forwards a summary sheet itemizing the items to be awarded to each company. -9- 4/16/80 307 Award of Bid Items: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to award the bids for the laboratory equipment to the Fisher Scientific, VWR Scientific, and Scientific Products companies for the items and amounts specified in the bid summary sheet. 2. AGREEMENT FOR PURCHASE OF ASSESSMENT BONDS, ASSESSMENT DISTRICT 78-1 (STONE AND YOUNGBERG) (74) Written Communications: (38) Report dated April 16, 1980, from the Director of Public (49) Works forwarding an agreement between the City and Stone and Youngberg for the sale and purchase of special assessment bonds for Assessment District 78-1. The amendment was _ requested due to delays in the initiation of the proceedings. The Agreement changes the purchase price of all bonds to issue from 95% to 91% of the principal amount and directs that the bonds are to be dated, issued and delivered to Stone and Youngberg for payment on or before May 15, 1980. Approval of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to approve the amended agreement between the City and Stone and Youngberg for Assessment District 78-1 Bonds and to authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 3. LEASE FOR LIBRARY CONSTRUCTION - COUNTY OF ORANGE (52) Written Communications: (38) Report dated April 16, 1980, from the City Manager, forwarding a draft lease agreement for the proposed County library to be constructed on School District property bounded by Camino Capistrano, Acajchema Street and E1 Camino Real, and advising that minor modifications may be made. The Lease provides for a County contribution of $800,000 for construction and City payment for design, plans and specifications. Approval of Lease: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the final lease agreement and to authorize the City Manager and City Clerk to execute the final lease agreement. Formation of Library Planning Committee: There was a consensus of Council to form a Library Planning Committee and that a letter be sent to the Board of Supervisors from the Mayor indicating support for early construction of the library facility and advising that the committee has been formed and will begin meetings in the immediate future. The Committee members are as follows: Councilman Kenneth E. Friess, Chairman; Elizabeth Martinez Smith, County Librarian; Pamela Hallan, Historical Society; Ray Becerra, City staff; Member of the Architectural Board of Review; Public Member. Council requested that the City Clerk submit names of public members for appointment to the Committee. (36) Receipt of Rainbow Award: Mayor Hausdorfer advised that the City had been presented the Orange County Public Library Rainbow Award for outstanding support of the San Juan Capistrano Branch Library by County Librarian Elizabeth Martinez Smith. -10- 4/16/80 CONSENT CALENDAR It was moved by Councilman Buchheim and seconded by Councilman Friess that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilmen Schwartze and Thorpe 1. APPROVAL OF WARRANTS (41) The List of Demands dated April 16, 1980, Warrants Nos. 19224 through 19429, inclusive, in the total amount of $532,882.00, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF MARCH 31, 1980 (41) The City Treasurer's Report of Investments as of March 31, 1980, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF MARCH 31, 1980 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of March 31, 1980, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF FEBRUARY 29, 1980 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the 8 -month period ending February 29, 1980, was approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF APRIL 1, 1980 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of April 1, 1980, was ordered received and filed. (36) Council indicated support for the proposed commendation of Doris Drummond, who is retiring from active community service in June. 6. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - VAN FOR SENIOR CITIZENS CENTER (41) The specifications for purchase of a 12 -passenger van equipped (62) with dispatching units and a wheelchair for use by the Senior (75) Citizens Program were approved. Staff was authorized to advertize for bids, as set forth in the report dated April 16, 1980, from the Director of Public Works. 7. APPROVAL OF CHANGE ORDER NO. 7 - EXTENSION OF TIME AHFP 883 (DEL OBISPO STREET/AGUACATE ROAD) (GRIFFITH) (38) The 45 -day extension of time to May 19, 1980, to allow (44) for repair of equipment and construction of four water valve (83) boxes is approved as set forth in the report dated April 16, 1980, from the Director of Public Works. -11- 4/16/80 ADMINISTRATIVE ITEMS CITY MANAGER 1. CITY COUNCIL POLICY MANUAL (32) Written Communications: (69) Report dated April 16, 1980, from the City Manager forwarding additional proposed policy statements for inclusion in the Council Policy Manual. Approval of Policies, With Deletions: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the policy statements submitted by the Cultural Heritage Commission; the policies _ submitted by the Architectural Board of Review are approved with the deletion of the proposed statement requiring Architectural Board of Review of Custom Homes; the policies submitted by the Planning Commission are approved with the deletion of the proposed policy providing for use of the Hillside Development Guidelines as criteria for review of proposed development in hillside areas of the City. DIRECTOR OF PUBLIC WORKS 1. STATUS REPORT, MARINERS VILLAGE DRAINAGE, TRACTS 8593, 8594, AND 7616 (80) Written Communications: (85) Report dated April 16, 1980, from the Director of Public Works regarding the current status of drainage improvements for Phases I, II and III of the Mariners Village development. There was a concurrence of Council that the report be received and filed. 2. O'NEILL MUSEUM - DEFERMENT OF REQUIREMENT FOR HANDICAPPED ACCESS (SAN JUAN CAPISTRANO HISTORICAL SOCIETY) (23) Written Communications: (36) Report dated April 16, 1980, from the Director of Public Works (61) forwarding a proposed agreement between the City and the Historical Society providing for deferral of the requirement for installation of handicapped access for a one-year period of time, pursuant to the Historical Building Code. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the agreement authorizing issuance of a Certificate of Occupancy and deferring requirements for installation of handicapped access to April 16, 1981; the Mayor and City Clerk are authorized to execute the Agreement on behalf of the City. 3. BEAR BRAND RANCH - AUTHORIZATION TO INITIATE CONDEMNATION (25) Written Communications: (85) Report dated April 16, 1980, from the Director of Public Works advising that the Bear Brand Ranch Company has been unsuccess- ful in acquiring a sanitary sewer easement from the adjacent property owner and has requested that the City exercise its power of eminent domain. Notification to Property Owner: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to direct staff to notify the property owner, George Riley, of the possible use of the City's power of eminent domain to acquire a sanitary sewer easement across property adjacent to Paseo de la Paz and to further direct staff to schedule the matter for Council consideration on May 7, 1980. -12- 4/16/80 310 COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF APRIL 8, 1980 (67) The Report of actions taken by the Planning Commission at their meeting of April 8, 1980, was ordered received and filed. TRAFFIC AND TRANSPORTATION COMMISSION 1. "NO PARKING" ZONE - ALLEY WEST OF AVENIDA LOS AMIGOS (64) Written Communications: Report dated April 16, 1980, from the Commission Secretary forwarding a proposed Resolution designating the following area as a "No Parking" zone: Both sides of the alley west of Los Amigos from Avenida Golondrina to Avenida Padre It was moved by Councilman Buchheim, seconded by Councilman Friess to adopt the following Resolution: RESOLUTION NO. 80-4-16-3, PARKING REGULATIONS - ALLEY WEST OF LOS AMIGOS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING" AREAS ON BOTH SIDES OF THE ALLEY WEST OF LOS AMIGOS FROM AVENIDA GOLONDRINA TO AVENIDA PADRE The motion carried by the following vote: AYES: Councilmen Friess, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilmen Schwartze and Thorpe The Director of Public Works is authorized to paint curbs or place signs, as appropriate. COUNCIL ACTIONS 1. APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW (NASH) (23) Written Communications: Report dated April 16, 1980, from the City Manager forwarding applications received for appointment to the Architectural Board of Review. It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried that Carolyn J. Nash, 32906 Avenida Descanso, be appointed to fill the existing vacancy on the Architectural Board of Review. HEAD START PROGRAM (39) The City Manager advised that problems encountered with the relocation of the Head Start Program to City property had been resolved. COUNCIL REMARKS 0 1. TRAFFIC SIGNALS - ORTEGA HIGHWAY/DEL OBISPO STREET (82) The Director of Public Works was requested to investigate the traffic signal interconnect system at Ortega Highway and Del Obispo Street, due to recent traffic congestion. -13- 4/16/80 311 RECESS AND RECONVENE The Council recessed to Executive Session at 10:06 p.m., the City Clerk being excused therefrom, and reconvened at 10:20 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:22 p.m., to the next regular meeting date of Wednesday, May 7, 1980, at 7:00 P.M., in the City Council Chamber. Respectfully submitted, i 'MARY ANN, ,�?ANOVER, CITY CLERK -14- 4/16/80