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78-0802_CC_Minutes_Regular Meeting1 AUGUST 2, 1978 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 7:02 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Rick Gunn, Community Christian Church. COMMEMORATION (36) A Minute of Silence was observed in memory of John D. Taylor. ROLL CALL PRESENT: Kenneth E. Friess, Mayor James F. Thorpe, Mayor pro tem Lawrence F. Buchheim, Councilman Gary L. Hausdorfer, Councilman Phillip R. Schwartze, 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/City Engineer; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of July 19, 1978: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of July 19, 1978, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe and Buchheim NOES: None ABSTAIN: Councilman Schwartze and Mayor Friess ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION OF WHITE CANE DAYS, AUGUST, 1978 (CAPISTRANO LIONS CLUB) (71) Mayor Friess read in full the Proclamation designating the month of August as White Cane Days in the City, as requested by the Capistrano Lions Club. It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to authorize the Mayor to sign the Proclamation on behalf of the City. -1- 8/2/78 N 2. ORANGE COUNTY WATER QUALITY MANAGEMENT PRESENTATION - FEDERAL 208 PLAN (89) Marilyn Jacobs, representative of Toups Corporation, made an oral presentation on behalf of the County Environmental Management Agency with regard to Public Law 92500, the Federally mandated 208 Plan for area -wide waste treatment management. Ms. Jacobs advised that the County is reviewing all aspects of the Plan to determine whether waters are safe for recreation uses and aquatic life; the relationships between population growth and water pollution will be set — forth with population projections adopted as part of the Plan. The City will receive the draft Plan for comment during October; and, following Public Hearings, cities will be requested to implement the Plan. In response to Mayor Friess, Ms. Jacobs advised that the major cost impacts will be borne by cities. Councilman Thorpe noted that there should be consideration for those agencies which have already enacted population controls. Council thanked Ms. Jacobs for her presentation. 3. HELICOPTER SERVICE (88) Councilman Schwartze cited an article in the July 14th edition of the Daily Sun -Post newspaper which contained erroneous information regarding consideration of possible helicopter service in the City. Mr. Schwartze advised that the Aero -Commuter Company has expressed an interest in locating in the City and requested an early correction of the newspaper article. ORAL COMMUNICATIONS 1. COMPLAINTS - GIDDINGS FRUIT STAND/ PROPOSED REQUEST FOR REZONE (72) Council received copies of the following correspondence (95) regarding property at 28341 Ortega Highway, known as the Giddings Fruit Stand: (1) Letter dated July 11, 1978, from Gary L. Musacco, 17795 Sky Park Circle, Suite K, Irvine 92714, in opposition to rezoning and expansion of the property; (2) Letter dated July 12, 1978, from Milton Long, 28333 Ortega Highway, citing improper use of property zoned "Small Farm," construction of a metal building, proposed expansion, and traffic problems; (3) Letter dated July 31, 1978, from H.J. Giddings and R.W. Giddings, 28341 Ortega Highway, in response to the letters from Mr. Musacco and Mr. Long; (4) Postcard received August 1, 1978, from James and Meadrith Manley, 15111 Bushard, Westminister 92683, in support of the existing market operation; (5) Marilyn Williams, 29931 Camino Capistrano, addressed the Council and read a letter dated August 2, 1978, from Mr. and Mrs. Carl H. Hankey, P. 0. Box 267, in support of the market operation. (6) Roy L. Byrnes, 28355 Ortega Highway, addressed the Council and presented a letter dated August 1, 1978, requesting that a non -conforming land use be terminated, that sales be limited to locally grown produce, and that further expansion of the operation be prevented. -2- 8/2/78 Mr. Giddings addressed the Council and advised that their intention is to request commercial zoning in order to build a ranch -style market. With the concurrence of Council, Mayor Friess referred the letters to the Director of Community Planning and Development; further report will be forthcoming if an application for CN (Neighborhood Commercial) zoning is made. 2. DOWNTOWN PLAZA AND PARKING STUDY ' (OLD MISSION DISTRICT BUSINESS AND PROPERTY OWNERS ASSOCIATION) (68) Betty Elder, Secretary, Old Mission District Business and Property Owners Association, addressed the Council regarding the letter submitted on August 2nd by the Association in support of continuance of the Downtown Study. Mrs. Elder stated that the Association wishes to cooperate in every way to beautify the downtown area and entrance to the City. 3. COMMISSION REPRESENTATION (23) Jim Allen, Member of the Traffic and Transportation Commission, advised that he was present to answer any questions regarding recommendations made to the Council. Mayor Friess announced that an executive session would be held at approximately 9:00 P.M. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 78-1 (KING) (46) Proposal: Amendments to the General Plan Composite Land Use Map, Circulation Element, and Bikeway System Map of the Parks ' and Recreation Element. The project would change the existing land use designations on approximately 479.52 acres of land located northeast of the San Diego Freeway and bounded by San Juan Hills Golf Course to the north, Alto Capistrano and Meredith Canyon developments to the east, and the Prudential Planned Community to the south. The proposal consists of 214 acres of residential use, 233 acres of open space including a 42 -acre private golf course in the prior landfill area, 37 acres of limited commercial/industrial, and a 7.8 -acre school site. The project also includes an amendment to the Circulation Element of the General Plan to include an extension of Valle Road to Camino Las Ramblas at Via California, the construction of Route "D" from Avenida Calita to the new Valle Road, a commuter road from San Juan Creek Road, and an interior looped road system. The Amendment to the Bikeway System Map would provide for a local bikeway connecting Camino Las Ramblas to San Juan Creek Road. Applicant: Chuck King, 26872 Calle Hermosa, Capistrano Beach 92624. The 17 property owners are listed in the Planning Department ' report of April 25, 1978. Written Communications: (1) Report dated August 2, 1978, from Raymundo Becerra, Acting Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission on June 13, 1978. -3- 8/2/78 0 (2) Environmental Impact Report dated April 24, 1978, prepared by Westec Services, Inc., 180 East Main Street, Tustin 92680. (3) Report dated July 25, 1978, from Tom Tomlinson, Associate Planner, regarding the Bridges/Overton parcel. (4) Letter dated July 28, 1978, from Bruce H. Lewis, Woodward Dike Landscape Architects and Planners, 580 Broadway, Laguna Beach 92651, regarding the Bridges/Overton parcel. Exhibits were on display and Tom Tomlinson, Associate Planner, made an oral presentation and identified specific areas of _ concern related to the major cut and fill operations required to develop the Window Hill area and development concepts for the McCracken Hill area. Councilman Thorpe noted that the proposal appeared fairly specific and inquired whether the proposal was conceptual or intended commitment by the City. Mr. Tomlinson advised that the intent was to be specific. The Director of Community Planning and Development clarified that the proposal is a refinement of the existing General Plan designations. With the concurrence of the Council, Mayor Friess advised that no action would be taken on the proposal at this meeting and that following the Public Hearing the item would be continued to the meeting of August 16th for further evaluation. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open and inquired if anyone in the audience wished to address the Council. The following persons responded: (1) Jim Bochniaiz, 33522 Avenida Calita, presented a petition signed by 36 residents requesting that Avenida Calita not be extended, that construction traffic be prohibited from using existing residential streets, and that the proposed school site be placed as far as possible from existing housing. (2) Carol McPherson, 33775 Via de Agua, spoke in favor of the project. (3) Richard K. Overton, 25291 Swan Way Court, Dana Point, 92629, one of four owners of a 2.18 -acre parcel of land on McCracken Hill, addressed the Council and presented copies of a letter dated August 2, 1978. Mr. Overton requested that the proposed land use designation of Open Space Recreation for the property be rejected and took exception to the noise measurements made within the project area. With regard to grading, Mr. Overton stated that the amount of earth to be moved amounts to 1/10th of 1 percent of the amount to be moved on Window Hill. (4) Bob McCall, 33512 Avenida Calita, stated that the school site was not centrally located and would generate traffic on Via de Agua and noted the amount of earth to be moved in the area. (5) Ellen Gillette, 33782 Via de Agua, requested approval of the General Plan Amendment as submitted. (6) Kevin Clancy, 33611 Avenida Calita, stated that motorists would continue to use Via de Agua rather than Route D. -4- 8/2/78 (7) Ed Bixler, 33562 Avenida Calita, cited increases in traffic, a school site on high valued tax base property, and traffic hazards on Avenida Calita. (8) Phil Kilbride, owner of property on McCracken Hill, stated he hoped to develop his property according to current ES (Large Estate) zoning. (9) Eric Eklund, 16701 Hilton Lane, Huntington Beach, owner of a 1.3 -acre parcel of land, requested that the property 'be designated 1.2 rather than 1.1 and that a topography had been submitted. (10) Ed Haworth, of Haworth, Anderson, Lafer, 31706 Pacific Coast Highway, South Laguna 92677, addressed the Council representing the King property and in support of the proposal. (11) Jim Vanderhoof, 25692 Via del Rey, noted his concerns regarding zoning and creation of open space. (12) Bernard Larsen, 33551 Avenida Calita, stated that location of a school site near Camino Las Ramblas would be more economical and more accessible and suggested that Calita either have a more circuitous route or end in a cul-de-sac in order to retain the residential nature of the existing homes. Continuation of Public Hearing: There being no one else wishing to address the Council, it was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried that the Public Hearing be continued to the next meeting of August 16, 1978, at 7:00 P.M., in the City Council Chamber, for further evaluation of the General Plan Amendment. EXECUTIVE SESSION Council recessed at 9:20 P.M., to an Executive Session for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 10:02 P.M. ADMINISTRATIVE ITEMS DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. SYSTEMS DEVELOPMENT TAX - REPORT OF FEES COLLECTED JUNE 30, 1978 (86) This report was taken out of order for the benefit of members of the audience. Written Communications: Report dated August 2, 1978, from the Director of Public Works providing a list of building permits issued on June 30, and the amounts paid pursuant to Ordinance No. 364, the Systems Development Tax, adopted June 29th. The following persons addressed the Council to request refund of Systems Development taxes paid on June 30th: ' (1) John Waddell, B. H. Miller Construction Company; (2) Matthew Loonin, Patrick Development; (3) Phil Kilbride, Kilbride Construction Company, who noted that he had actually paid $1,271.36, or $44.00 more than the report indicates; -5- 8/2/78 6 (4) Jim Cude, Wilshire Diversified/Glendale Federal. Refund of Systems Development Taxes Paid Prior to July 1: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to determine that it was the City Council's intent in adopting Ordinance No. 364 that it apply to those persons or firms which were issued building permits beginning on July 1, 1978; Systems Development Taxes paid prior to July 1st will be refunded. PUBLIC HEARINGS (CONTINUED) 2. PROPOSED AMENDMENT TO LAND CODE (55) Proposal: Approval of draft amendments to Chapter One of Ordinance No. 293, subject to future formal adoption of amendments to the entire Land Use Management Code. Written Communications: Report dated August 2, 1978, from Raymundo Becerra, Acting Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission on July 11, 1978. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open; and, there being no response, declared the Hearing closed. Approval of Chapter One Draft Amendments: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the draft amendments to Chapter One of Ordinance No. 293, subject to future formal adoption of amendments to the entire Code. ORDINANCES 1. UNIFORM BUILDING CODE, 1976 EDITION (ADOPTION OF ORDINANCE NO. 367) (25) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was introduced at the meeting of July 19, 1978. It was moved by Councilman Buchheim and seconded by Councilman Hausdorfer that the following Ordinance be adopted: ORDINANCE NO. 367, UNIFORM BUILDING CODE, 1976 EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1976 EDITION, WITH APPENDIX AND AMENDMENTS THERETO; AND ADOPTING THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION, AND GRADING AND EXCAVATION REGULATIONS, AND REPEALING ORDINANCE NO. 268 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe and Buchheim NOES: None ABSTAIN: Councilman Schwartze and Mayor Friess ABSENT: None -6- 8/2/78 2. UNIFORM MECHANICAL CODE, 1976 EDITION (ADOPTION OF ORDINANCE NO. 368) (25) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was introduced at the meeting of July 19, 1978. It was moved by Councilman Thorpe and seconded by Councilman Buchheim that the following Ordinance be adopted: ' ORDINANCE NO. 368, UNIFORM MECHANICAL CODE, 1976 EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING BY REFERENCE THE UNIFORM MECHANICAL CODE, 1976 EDITION, WITH AMENDMENTS, AND REPEALING ORDINANCE NO. 270 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe and Buchheim NOES: None ABSTAIN: Councilman Schwartze and Mayor Friess ABSENT: None 3. UNIFORM HOUSING CODE, 1976 EDITION (ADOPTION OF ORDINANCE NO. 369) (25) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was introduced at the meeting of July 19, 1978. It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe that the following Ordinance be adopted: ORDINANCE NO. 369, UNIFORM HOUSING CODE, 1976 EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING BY REFERENCE THE UNIFORM HOUSING CODE, 1976 EDITION, WITH CERTAIN EXCEPTIONS AND AMENDMENTS THERETO AND REPEALING PORTIONS OF ORDINANCE NO. 268 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe and Buchheim NOES: None ABSTAIN: Councilman Schwartze and Mayor Friess ABSENT: None 4. ABATEMENT OF DANGEROUS BUILDINGS, 1976 EDITION (ADOPTION OF ORDINANCE NO. 370) (25) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was introduced at ' the meeting of July 19, 1978. It was moved by Councilman Buchheim and seconded by Councilman Thorpe that the following Ordinance be adopted: ORDINANCE NO. 370, DANGEROUS BUILDINGS CODE, 1976 EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1976 EDITION -7- 8/2/78 5. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe and Buchheim NOES: None ABSTAIN: Councilman Schwartze and Mayor Friess ABSENT: None 1RM PLUMBING CO NO. 371 POOL (25) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was introduced at the meeting of July 19, 1978. It was moved by Councilman Thorpe and seconded by Councilman Hausdorfer that the following Ordinance be adopted: ORDINANCE NO. 371, UNIFORM PLUMBING CODE, 1976 EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING THE 1973 EDITION OF THE UNIFORM PLUMBING CODE AND ADOPTING BY REFERENCE THE 1976 EDITION OF THE UNIFORM PLUMBING CODE, INCLUDING APPENDICES, AND ADOPTING MODIFICATIONS AND AMENDMENTS THERETO AND ADOPTING THE 1976 UNIFORM SWIMMING POOL CODE WITH CERTAIN EXCEPTIONS, AND REPEALING ORDINANCE NO. 269 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe and Buchheim NOES: None ABSTAIN: Councilman Schwartze and Mayor Friess ABSENT: None 6. NATIONAL ELECTRICAL CODE, 1978 EDITION (ADOPTION OF ORDINANCE NO. 372) (25) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was introduced at the meeting of July 19, 1978. It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe that the following Ordinance be adopted: ORDINANCE NO. 372, NATIONAL ELECTRICAL CODE, 1978 EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE NATIONAL ELECTRICAL CODE, 1978 EDITION, AND REPEALING ORDINANCE NOS. 271 AND 272 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe and Buchheim NOES: None ABSTAIN: Councilman Schwartze and Mayor Friess ABSENT: None 8/2/78 �l RESOLUTIONS 1. 1978-79 INTERIM BUDGET AMENDMENT - CITY HALL REMODEL (24) Proposal: An increase in the 1978-79 interim fiscal budget for the remodel of City Hall in the amount of $20,000, for a total project cost of $115,000, said funds to be obtained by ' transfer from the General Fund. Written Communications: Report dated August 2, 1978, from the Director of Public Works. Approval of Budget Modification: It was moved by Councilman Thorpe and seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 78-8-2-1, AMENDING THE INTERIM BUDGET FOR 1978-79 FISCAL YEAR - CITY HALL REMODEL - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE INTERIM BUDGET FOR 1978-79 FISCAL YEAR The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 2. CONDEMNATION OF SEWER LINE EASEMENT VILLAGE SAN JUAN TRACT 8786 FOR SER TRACT 9578 (MOGAN) (25) Proposal: Acquisition of an easement through Lot E, Tract 8786 (Village San Juan) to provide sanitary sewer service to Tract 9578 (Mogan). Written Communications: Report dated August 2, 1978, from the Director of Public Works advising that due to regulations of the Village San Juan Homeowners Association acquisition of the easement is all but impossible except through condemnation proceedings. The report also includes a letter dated July 8, 1978, from Richard F. Mogan and a letter dated July 21, 1978, from Christiansen and Associates, consulting engineers. Jack Wilson, President, Village San Juan Homeowners Association, addressed the Council in opposition to the proposal and requested that action be postponed and other alternatives explored. Mr. Wilson cited the steepness and disruption of the hill area as concerns, as well as the easement crossing the park area where children play. ' Richard Mogan, 267 Tigertail Road, Los Angeles 90049, owner of the area of Tentative Tract 9578, advised that at the request of the Homeowners Association, he had provided engineering consultant services selected by the Association, and had agreed to post a guard at the project for the protection of children. Mr. Mogan asked that the project not be postponed. In response to Mayor Friess, the Director of Public Works advised that the only other sewer available for connection is at Rancho Viejo Road, which would be a much more extensive project. -9- 8/2/78 IU Authorization for Condemnation t for Bonding: It was moved by Councilman Thorpe and seconded by Councilman Hausdorfer that the following Resolution be adopted and that staff be directed to require bonding from Mr. Mogan in an amount appropriate to insure the replacement of the parkspace landscaping and completion of the project: RESOLUTION NO. 78-8-2-2, CONDEMNATION OF SEWERLINE EASEMENT FOR SANITARY SEWER PURPOSES - A RESOLUTION 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 (TRACT 9578 - MOGAN) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Mike Toriello, Millpond Court, then addressed the Council in opposition to the easement and to request that Council get majority approval of the Homeowners Association prior to any action. Mr. Toriello also suggested various alternatives. BIDS, CONTRACTS, AGREEMENTS 1. LIABILITY INSURANCE RESERVE FUND (49) Proposal: Establishment of a Liability Insurance Reserve Fund and award of the City's insurance coverage. The City's liability insurance policy was cancelled by Harbor Insurance Company effective August 1, 1978, since that company is withdrawing from the municipal insurance field. Written Communications: Report dated August 2, 1978, from David B. Smith, Administrative Services Officer. Authorizatic to Establish Fund and Award of Insurance It was moved by Councilman Thorpe, seconaea oy councilman Hausdorfer and unanimously carried to authorize staff to establish a Liability Insurance Reserve Fund in the amount of $50,000, to amend the budget by an additional $17,000, and to authorize the City Manager to execute an Agreement between the City and Dan Gorman Insurance and H & W Insurance Service for City liability insurance in the amount of $61,567.00. CONSENT CALENDAR It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -10- 8/2/78 11 1. APPROVAL OF WARRANTS (41) The List of Demands dated August 2, 1978, Warrants Nos. 14713 through 14777, inclusive, in the total amount of $175,068.50, is approved as submitted. 2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JULY 24, 1978 (23) The Report of Actions taken by the Equestrian Commission at the meeting of July 24, 1978, is ordered received and filed. 3. REPORT OF PLANNING COMMISSION MEETING OF JULY 25, 1978 (67) The Report of Actions taken by the Planning Commission at the meeting of July 25, 1978, is ordered received and filed. 4. CLAIMS AGAINST THE CITY - STAUDENBAUR (35) The Claim filed by Arthur and Pat Staudenbaur for damages allegedly occurring from a vehicle accident on April 4, 1978, is denied and referred to the City's insurance carrier, Dan Gorman Insurance, as set forth in the report dated August 2, 1978, from the City Clerk. 5. RELEASE OF BOND FOR SUBSIDENCE - PACESETTER HOMES, TRACT 6742 (85) The City Clerk is authorized to release the following bond (49) posted by Pacesetter Homes to insure repair of paving and waterline damage caused by subsidence in Tract 6742: Bond No. 2584455 issued by Safeco Insurance Company in the amount of $75,000. ' 6. ACCEPTANCE OF EASEMENT FOR PUBLIC UTILITY PURPOSES, TRACT 9284 (KING MELFORD PROPERTIES) (85) The Easement from the First American Trust Company, 421 (91) North Main Street, Santa Ana, for the purpose of connecting Tract 9284 with utilities in Camino Las Ramblas is accepted; the City Clerk is directed to forward the Easement to the Orange County Recorder, as set forth in the report dated August 2, 1978, the Director of Public Works. 7. HOT SPRINGS DANCE HALL RENOVATION EXTENSION OF COMPLETION DATE (23) Change Order No. 1 for the Hot Springs Dance Hall Renovation Project is approved, as set forth in the report dated August 2, 1978, from the Director of Public Works. The Change Order grants a one-month extension to October 30, 1978, for the completion date of the project by Roland Olsen, General Contractor, due to unavailability of concrete. 8. ACCEPTANCE OF EQUESTRIAN AND DRAINAGE EASEMENT, TRACT 9373 (GLENDALE FEDERAL) (85) The Easement from Glendale Federal Savings and Loan Association (91) 401 North Brand Avenue, Glendale 91209 for equestrian trail and drainage purposes is accepted, as set forth in the report dated August 2, 1978, from the Director of Public Works. The City Clerk is directed to forward the Easement Deed to the Orange County Recorder. -11- 8/2/78 REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS OF JULY 6 AND 20, 1978 - STREET LIGHT PROGRAM (23) Council received copies of the Report of Traffic and (53) Transportation Commission Actions from George Alvarez, Commission Secretary. The Commission's recommendation regarding the street de-energization program was discussed with Commissioner Jim Allen, who clarified that the study zone denied on July 6th consisted of a large area of over 400 street lights; the Commission would be willing to continue the program on a smaller scale. There was a consensus of the Council that the report be received and filed and that the Commission continue the street light de-energization program using more limited _ study zones than the one denied on July 6th. MODIFICATIONS TO SAN JUAN CREEK ROAD (BLACK MOUNTAIN VILLAS) (85) Council received copies of a report dated August 2, 1978, from (83) the Director of Public Works. It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried as follows: (1) The City Council hereby confirms its policy related to the improvement of San Juan Creek Road northeasterly of its present terminus as promulgated in Planning Commission Resolution No. 76-9-28-2 and for purposes of clarification defines "subject area" as stated in paragraph 2 of said Planning Commission Resolution as specifically that location referred to as "Hidden Valley" (that area northeast of tentative tract 10134 - Diffley). (2) Direct staff to implement the conditions of approval for tract 10293 (Black Mountain Villas) in such a manner that the assessment district proceedings are not commenced and that the developer shall be obligated only for the improvements along the tract frontage as promulgated in conditions 6 and 7 of City Council Resolution No. 78-7-5-2. ADMINISTRATIVE ITEMS CITY MANAGER 1. REVIEW OF PLANNING COMMISSION APPOINTMENTS (67) Council received copies of a report from the City Manager regarding the current membership of the Planning Commission, as directed by Council on July 5th. Re -affirmation of Appointments: It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to re -affirm the current terms of Planning Commissioners Berns, Davies, and Tyler, said terms to expire on April 30, 1979, as set forth in Ordinance No. 321; appointments to fill the two existing vacancies on the Commission will be considered at the meeting of August 16, 1978. 2. PERSONNEL VACANCIES (66) Council received copies of a report dated August 2, 1978, from the City Manager regarding replacement hiring to fill two personnel vacancies, pursuant to Resolution 78-6-21-3. It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to concur with the City Manager's approval for replacement hiring of the following positions: Sanitary Treatment Plant Operator III and Secretary to the City Manager. -12- 8/2/78 CITY CLERK 1. APPOINTMENT OF ALTERNATE DELEGATE TO ORANGE COUNTY HEALTH PLANNING COUNCIL (66) Council received copies of a report dated August 2, 1978, from the City Clerk advising that the appointment of a professional member as the City's Alternate Delegate to the Orange County Health Planning Council would cause no membership imbalance and is acceptable to the Planning Council. The information was requested by Council on July 19th. It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried that Jerry Kaufman, 27001 ' Calle Don Carlo, be appointed as the Alternate Delegate to attend Assembly meetings in the absence of the City's appointee to the Orange County Health Planning Council. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. INITIATION OF GENERAL PLAN AMENDMENT 78-2 (46) Council received copies of a report dated August 2, 1978, from Raymundo Becerra, Acting Director of Community Planning and Development, advising that two petitions for initiation of General Plan Amendments have been received, as follows: (1) An integrated development plan for the 310 -acre Honeyman Ranch, to be known as "The Ranch," submitted by George Riley, 23011 Moulton Parkway, Laguna Hills 92653; (2) A change in land use designation for the Vermeulen ' Ranch Market submitted by the Agriculture Preservation Committee. Initiation of Amendment: It was moved by Councilman Schwartze and seconded by Councilman Thorpe, as follows: (1) Initiate General Plan Amendment 78-2 for consideration of the following petitions: Item A: Honeyman Item B: Vermeulen - change in land use designation from 4.2 (Agri -business) to 2.0 (Neighborhood Convenience Center) Refer the items to the Planning Commission for review and recommendation in accordance with the Land Use Management Code. (2) Note that initiation of the General Plan Amendment in no way implies the City's intent to approve either of the two proposed amendments. ' The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSTAIN: Councilman Buchheim, as part owner of property within the area of Honeyman Ranch ABSENT: None -13- 8/2/78 13 DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. REPORT ON ALTERNATIVES TO AGREEMENT TO POSTPONE PUBLIC IMPROVEMENTS (FOLGNER) (93) Council received copies of a report dated August 2, 1978, (83) from the Director of Public Works regarding the request for a waiver of the requirement to construct street improvements on Ortega Highway submitted by C. Bennett Jackson, Jr., on behalf of Mr. and Mrs. Ronald Folgner. Mr. Jackson addressed the Council to request relief for his clients. — The City Manager recommended that Council accept an agreement from the Folgners that they will not protest formation of an assessment district to improve the Ortega Highway; at such time as a district is 'formed, State law requires that an engineer spread the assessment charges, and Council could determine project funding at that time. Mr. Jackson stated that such agreement would be acceptable. It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the City Manager's recommendation. COMMISSIONS, BOARDS, COMMITTEES TRAFFIC AND TRANSPORTATION COMMISSION 1. APPROVAL OF STOP SIGN INSTALLATION AT VIA CORDOVA/VIA MADERA AND "DO NOT PASS" SIGN (82) It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the installation of a stop sign on Via Madera at its intersection with Via Cordova and to request that Caltrans install a "Do Not Pass" sign on Ortega Highway, as set forth in the report dated August 2, 1978, from George Alvarez, Traffic Commission Secretary. COUNCIL REMARKS AND COMMITTEE REPORTS 1. PLANNING COMMISSION VACANCIES (67) It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to accept the resignation from the Planning Commission submitted by George Riley. A resolution of commendation is to be prepared for Council consideration on August 16th. It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried that a resolution be prepared for the meeting of August 16th commending John Taylor for his service on the Planning Commission until his death on July 28th. 2. DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE (68) Acceptance of Resignation: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to accept the resignation from the Downtown Plaza and Parking Study Committee submitted by Robert Gannon and to direct that a resolution of commendation be prepared for the meeting of August 16, 1978. Letter From Old MiE Owners Association: Mayor Friess noted 1978, signed by 11 ;ion District Business receipt of a letter dated August 1, members of the Association in support -14- 8/2/78 15 of a master plan to complete the basic improvements of the downtown area. The Association requests that the matter be given top priority and that the Association be accepted as a liaison committee with Council and staff. Consideration of the matter will be scheduled for the Council meeting of September 6, 1978. 3. SUN HOLLOW BUILDING DEFICIENCIES (25) Councilman Schwartze noted that Mr. Clancy has indicated ' he is expecting a letter from the City recommending agencies to contact with regard to alleged building deficiencies within the Sun Hollow development. 4. CAPISTRANO AMTRAK STOP (88) Councilman Schwartze suggested that residents write to Amtrak officials in support of the retention of train stops at the Capistrano Depot since closure of south County stations is being considered. 5. TRAFFIC (87) Councilman Buchheim noted receipt of complaints of vehicle parking congestion in the vicinity of the Regional Occupation Program office. Councilmen Buchheim and Thorpe noted that asphalt paving of student paths to schools near the Vermeulen property on Del Obispo Street and the Village San Juan development may be an item of consideration due to future limiting of school bus transport. 6. ORANGE COUNTY PHONE BOOKS (90) Councilman Thorpe noted the proposed new area designations for Orange County telephone books may be a burden for residents. The City Manager advised that he would forward a written analysis of the proposal. 7. 1978-83 FISCAL BUDGET DISCUSSIONS (24) In response to Councilman Thorpe, the City Manager advised that budget discussions will begin the first meeting in September. 8. REQUEST FOR SISTER CITY AFFILIATION (34) Mayor Friess noted the recent request from the City of Goya, Argentina, for designation as a Sister City as being appropriate and beneficial. With the concurrence of Council, Mayor Friess directed staff to proceed with the proposed affiliation. 9. REQUESTS (76) Council determined that no action would be taken on the following requests: ' (1) Request for a message tribute to Congressman Badham dated July 28, 1978, from the Badham Congressional Committee; (2) Request for a donation to establish a memorial to Orange County Vietnam veterans dated July 24, 1978, from Supervisor Anthony. Mayor Friess indicated he would respond to the letters. -15- 8/2/78 1 Councilman Thorpe suggested that involvement in political issues do not affect the City directly, on an individual basis. the Council refrain from and charitable causes which with any endorsement being 10. NATIONAL UNITED NATIONS DAY CHAIRMAN (89) Mayor Friess advised that a request had been received for appointment of a Chairman for the national United Nations Day observance on October 24th. Mr. Friess requested press coverage to assist in filling the position. 11. SENATE BILL 90, STATE MANDATED PROGRAMS - REQUEST FOR INFORMATION (51) Mayor Friess noted receipt of a letter from Assemblyman Cordova requesting a list of State mandated programs and their costs to cities and requested that the Director of Administrative Services draft a response for the Mayor's signature. 12. TRAFFIC CONGESTION - PACIFIC DRIVE-IN THEATRE (87) There was a consensus of the Council that staff be directed to communicate with representatives of the Pacific Drive -In Theatre regarding traffic congestion on Del Obispo Street caused by motorists attempting left-hand turns. 13. MULTI -MODAL TRANSPORTATION STUDY (88) The Director of Community Planning and Development advised that the application for location of a multi -modal transportation center is due to be filed by August 16th and advised that most of the funds needed beyond the Council -approved $2500 are expected to be received from business interests in the downtown area. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:25 A.M., Thursday, August 3, 1978, to the next regular meeting date of Wednesday, August 16, 1978, at 7:00 P.M., in the City Council Chamber. ATTEST: KENNETH E. FR ESS, MAYOR Respectfully submitted, MARY AN HANOVER, CITY CLERK -16- 8/2/78