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78-0906_CC_Minutes_Regular Meeting35 September 6, 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 7:03 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul Martin, Old Mission Church. 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; William D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell, Director of Community Planning and Development; Bob Boone, Accountant; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of August 16, 1978: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of August 16, 1978, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim 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 PRESENTATION 1. PETRA, MALLORCA, SISTER CITY (34) Mayor Friess introduced Mr. Cliff Cooper, who had made a recent visit to Petra, Mallorca, Sister City of San Juan Capistrano, and Father Paul Martin of the Old Mission Church. Mr. Cooper presented slides taken during the trip, and Father Martin assisted with historical dialogue about Father Junipero Serra, who was born in Petra on November 24, 1713, and founded the Mission in San Juan Capistrano in 1776. On October 22nd and 24th of this year, the Mission will celebrate the 200th anniversary of the dates Father Serra personally baptized 15 Indians of the Acjachema Tribe at the Mission site. Mayor Friess expressed the Council's appreciation for the presentation. -1- 9/6/78 WRITTEN COMMUNICATIONS 1. REQUEST FOR GENERAL PLAN AMENDMENT (FALKLAM) (46) Council received copies of a letter dated July 31, 1978, from D. J. Daniel, Jr., requesting a General Plan Amendment for 3.6 acres of land located off Del Obispo Street on behalf of the property owner, Harry Falklam. With the concensus of the Council, Mayor Friess referred the request to the Director of Community Planning and Development for report. ORAL COMMUNICATIONS 1. COMMISSION REPRESENTATION (23) Richard Nelson, Chairman of the Traffic and Transportation Commission, advised that he was present to answer any questions regarding recommendations made to the Council. 2. DEL AVION STORM DRAIN (80) Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach, addressed the Council in support of construction of Phase I of the Camino del Avion storm drain prior to the winter rainy season. ORDINANCES 1. AMENDMENT TO ORDINANCE NO. 295, TRAFFIC REGULATIONS (INTRODUCTION OF ORDINANCE NO. 373) (55) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer; seconded by Councilman Schwartze that the following Ordinance be introduced: ORDINANCE NO. 373 - TRAFFIC REGULATIONS, SPEED LIMITS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 295 PERTAINING TO TRAFFIC REGULATIONS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Ordinance amends Chapter 6, Article 6-1, of Ordinance No. 295 and revises speed zones on portions of Alipaz Street, Camino del Avion, Del Obispo Street, San Juan Creek Road and Trabuco Road based on engineering and traffic surveys, as required by the California Vehicle Code, for enforcement of radar citations. Upon adoption of the Ordinance, the Public Works Department is directed to post the speed zones and to report to the Traffic and Transportation Commission in approximately six months with the results of a new speed survey to determine the effects on operating speeds and accident rates. -2- 9/6/78 3'7 RESOLUTIONS 1. RECONSIDERATION OF RESOLUTION NO. 78-8-2-2, CONDEMNATION OF SANITARY SEWER EASEMENT (VILLAGE SAN JUAN) (25) Proposal: (80) Re -affirmation of Resolution No. 78-8-2-2 authorizing and directing the condemnation of an easement on Lot E, Tract 8786, Village San Juan, for sanitary sewer purposes to serve Tract 9578, the Mogan development. Written Communications: (1) Report dated September 6, 1978, from the Director of Public Works advising that the Village San Juan Homeowners Association President concurred with setting of the hearing date for September 6th; (2) Copy of Notice mailed on August 21, 1978, by the City Clerk advising of the Council's intent to reaffirm the Resolution of condemnation and giving notice of the hearing; (3) Copy of informational letter from the Director of Public Works, 700 copies of which were delivered to the Homeowners Association President for distribution; (4) Memorandum dated September 1, 1978, from the City Clerk listing the 10 persons who had filed written request to be heard; (5) Letter dated August 30, 1978, from Edmund F. Schnieders, Jr., requesting an opportunity to be heard for himself as well as Jack Collister of Ervin Engineering, and Elmer Christiansen or Neil McCarthy of Christiansen and Associates. The Director of Public Works explained the exhibit of study alternatives of sanitary sewer routes which was on display. Hearing: Mayor Friess announced that this was the time for those persons having filed written request to be heard to address the Council, and the following responded: 1. Frank D. Merrick, 26315 Roundtree Court, past President of the Homeowners Association, spoke in opposition to the proposed location of the easement and suggested it be placed in the direction of Spotted Bull Lane; and, inquired into the type of bonding to be posted by the developer. Mayor Friess advised that the bonds would cover replacement and compaction of soil and installation of landscaping; bonds are held for one year following project completion. 2. Robert C. Sycks, 29592 Orinda Road, Vice President of the Homeowners Association, asked several questions which were later reviewed by Mayor Friess. 3. Charles H. Ward, 26432 Pepperwood Road, property manager for the Association and Member of the Board of Directors, stated he had conducted a poll and contacted 50% of the residents. Mr. Ward spoke in opposition and stated that the easement could be an opening for future development beyond the Mogan property; and, cited an article in the September 6th edition of the Capistrano Valley News regarding proposed City annexation of about 22 acres of land adjacent to the Mogan property. -3- 9/6/78 4. Hoyt J. Wilson, 26465 Brookfield Road, President of the Homeowners Association, stated that by not rescinding the Resolution, Council had put the Association at a great disadvantage. Mr. Wilson then noted that Zellner Communities, developer of Village San Juan, had been directed in February of 1974 to maintain a 250 -tree grove, but that maintenance was unsatisfactory. Further, in February, 1977, the developer had agreed to do certain landscaping at the front of the Village in exchange for removal of trees, but no landscaping had been installed. Mr. Wilson stated that by failing to rescind the Resolution, the Association had been denied due process; and, although the 32 homes of the Mogan development could be accommodated by the proposed sewer easement, properties to the North which may be annexed should not go through Village property. 5. Max Dittman, Ervin Engineering, advised that he was present to answer any questions with regard to design and engineering of the tract and assured that surface drainage would go in the opposite direction from the proposed easement, that anchors will be placed on the sewer line, and that the soil surface would be restored to its existing condition. 6. Neil McCarthy, Christiansen and Associates, advised that he was present to answer any questions. Mayor Friess then reiterated the questions posed by Mr. Syckes, and the Director of Public Works and City Attorney responded as follows: (1) Will the engineering recommendations already obtained by the Association be incorporated into the plan? They will be utilized when the improvement plans are prepared and procedures for installing the line are formed. (2) Will the line be used by anything other than the sewer line proposed? The City accepts easements for public utility purposes; the intent is that the easement would be for underground sewer purposes only. (3) Who is responsible for returning the land to its existing condition and in what time frame? Conditions will be placed on the improvement plans and bonds required by and for the developer; the time frame is difficult to estimate, but completion within 60 days appears realistic. (4) What alternatives have been reviewed in light of future development in the area? The Spotted Bull area was not included in sanitary considerations for this particular study. If Spotted Bull were included, would the study be the same? There could be parcels from Spotted Bull _ that would feed in if it were annexed to the City. (5) Who will maintain the line and own the easement once the line is installed? The City Attorney advised that once the sewer is laid and the surface returned to its original condition, the Association can use the land as in the past; if it becomes necessary, the City can enter in order to maintain the sewer. The following persons then addressed the Council: 1. Michael Nunn, 29702 Woodlake Court, stated his concerns regarding possible development and annexation beyond the Mogan property and inquired if a sewer line would be brought down Rancho Viejo Road. Mayor Friess advised that the City's sphere of influence extends to Via Escolar; Mr. Murphy advised that it is anticipated that a sewer line would ultimately be installed along Rancho Viejo Road. -4- 9/6/78 39 2. Edmund F. Schnieders, Jr., Southern Counties Management Company, 405 South Beverly Drive, Beverly Hills, 90212, representing Richard Mogan, advised that the easement had been discussed with the Association when it became apparent from engineering recommendations that the best route and most practical location for the line was through the Village San Juan property. Mr. Schnieders noted that the Mogan development would be an enhancement to the City and requested recognition of the additional cost of re-routing the sewer line. 3. Leonard Howlett, 26451 Pepperwood Lane, stated he had only been notified of the proposed easement a few days earlier, asked if the line would carry all of the sewerage coming from the north and how much it could handle, if the recommendations were made from financial considerations or through an engineering feasibility study, and if there were any employee or Council Member who would have a financial interest in the matter; Mr. Howlett requested further consideration. Mr. Murphy advised that the proposal is for an 8" sewer line laid at 4/10 of 1% grade, with hydrology to handle a 250 -home system, and that the most economical, cost-effective route is through the Village. 4. David Saunders, 29361 Edgewood Road, asked if there were any reverse flow protection for all of the homes that could be flooded with sewerage, if the lines would also serve as storm drains, and who would bear the cost of enlarging the sewer if there is an obstruction. Mr. Murphy advised that the lines would not serve as storm drains and that the City would maintain and be responsible for the lines. 5. Gerard Burkhardt, 26311 Marina Road, stated that the line was not in the best interests of the Association. Mayor Friess explained the background of the proposed annexation, beginning with a potential development of 100 homes rather than 32 if the Mogan property were not annexed to the City. 6. Karen Breck, 26465 Arbor Road, cited unresolved problems with trees, landscaping, pumps and weeds in the Village area. Mayor Friess directed staff to report in two weeks on why the trees have not been planted and when they will be. 7. Hoyt J. Wilson requested that the Resolution authorizing condemnation of the easement be rescinded. 8. Don Martin, builder for Richard Mogan, advised that bonds in an amount exceeding $400,000.00 are being filed to assure that the project will be completed to the City's satisfaction. RECESS AND RECONVENE Council recessed at 9:25 P.M. and reconvened at 9:38 P.M. for continued consideration of the Village San Juan sewer easement. Councilman Hausdorfer advised that he would support the sewer line proposed as the best alternative. Councilman Buchheim noted that the sewer would be a vented system and that a gravity flow line, such as the one proposed, is preferable for upkeep and maintenance purposes; further, safeguard conditions will be imposed upon the developer. Councilman Schwartze discussed the possibility of the line going through County territory with pump stations, and the feasibility of -5- 9/6/78 WSJ septic tanks and magnitude of costs, and noted that the best method may be installation of sewer systems for the entire area at one time. Councilman Thorpe noted that engineers hired by the Association and by the developer and City engineers all agree that the line as proposed is the best alternative and is consistent with good engineering practices; the proposed annexation is consistent with the City's General Plan; possibly a limit could be set on numbers of connections to the system. 9. Robert Norris, 26494 Orangewood Drive, requested information on the area within the City's jurisdiction and the authority to limit connections to the sewer line. Mr. Thorpe advised that the annexation is in _ process at the request of the owner and that the property is within the City's sphere of influence. 10. Don Martin, representing the developer, advised that the sewer line installation would be completed in 5 days, Monday through Friday, and that the work would be done in segments with the channel closed each day. Councilman Buchheim suggested that it be ascertained if it is feasible to run the line back over the hill with a guarantee that 32 or 34 homes would be the maximum connected to the line. Continuation to September 20, 1978, and Request for Report: It was moved by Councilman Schwartze, seconded by Councilma Hausdorfer and unanimously carried to continue the item to the next regular meeting of September 20, 1978, for receipt of a staff report to include the following items: 1. The actual capacity of the proposed sewer; 2. The limit on the number of units the system could handle; 3. A written agreement on actual construction time and a statement on bonding; 4. A statement regarding an alternative of crossing the Van Roekel tract, which lies to the north and is being considered for annexation, and the exact cost of alternative sewer systems. 2. ADOPTION OF RESOLUTION ESTABLISHING "NO PARKING" ZONES - PASEO ADELANTO (64) Proposal: Establishment of "No Parking" areas on both sides of Paseo Adelanto from Del Obispo Street to 1700 feet southerly and repeal of Resolution No. 75-11-26-2. Written Communications: _ (1) Report dated September 6, 1978, from George Alvarez, Secretary, forwarding the recommendation of the Traffic and Transportation Commission. Adoption of Resolution: It was moved by Councilman Schwartze; seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 78-9-6-1, PARKING REGULATIONS - PASEO ADELANTO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING" AREAS ON BOTH SIDES OF PASEO ADELANTO FROM DEL OBISPO STREET TO 1700 FEET SOUTHERLY AND RESCINDING RESOLUTION NO. 75-11-26-2 -6- 9/6/78 41 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 3. ADOPTION OF RESOLUTION AUTHORIZING DESTRUCTION OF CERTAIN RECORDS (31) Proposal: Destruction of 2 -year old documents and duplicate records which are no longer required and are not of sufficient value to justify retention or microfilming. Written Communications: (1) Report dated September 6, 1978, from the City Clerk requesting authorization to destroy the records listed on Exhibit "A" of the Resolution and forwarding the consent of the City Attorney. Adoption of Resolution: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 78-9-6-2. PROVIDING FOR THE 118JLLCU I.'11VLV VH C.l. t[1"AlLV K",I.V LCUJ - H ICP JVLU'11 OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK TO DESTROY CERTAIN CITY RECORDS AND DOCUMENTS PURSUANT TO THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. APPROVAL OF AGREEMENTS WITH COUNTY OF ORANGE FOR HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1977 (23) Proposal: (38) Adoption of a Resolution approving initial administration of the housing rehabilitation project, which consists of a low-interest home improvement loan program eligible to owners/occupants and land owners (absentee) in the amount of $25,000.00 for structures within the Los Rios Area; and, approval of a contract with the County of Orange for design of a master plan drainage system and construction of street improvements for Mission Street in the amount of $50,000.00. Written Communications: (1) Report dated September 6, 1978, from the Director of Community Planning and Development advising that the 4th year grant application for the Los Rios Area has been approved by the United States Department of Housing and Urban Development. -7- 9/6/78 M Approval of Agreements: It was moved by Councilman Schwartze; seconded by Councilman Buchheim and unanimously carried to approve the contractural agreements for the City's Housing Rehabilitation and Public Improvements Program with the County of Orange, to authorize the Mayor to sign the agreements on behalf of the City, and the City Clerk to attest thereto. )roval of Administration of Housing Rehabilitation Loan Program: It was moved by Councilman Schwartze; seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 78-9-6-3, HOUSING AND COMMUNITY DEVELOPMENT ACT (HCDA) HOUSING REHABILITATION PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING JOINT PARTICIPATION IN THE HOUSING IMPROVEMENT PROGRAM BEING ADMINISTERED BY THE COUNTY OF ORANGE AS PART OF THE HOUSING AND COMMUNITY DEVELOPMENT URBAN GRANT PROGRAM The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 2. ACCEPTANCE OF BID AND AWARD OF CONTRACT - CHEMICAL SUPPLIES (SERRA TREATMENT PLANT) (79) Proposal: (38) Award of bid for polymer chemicals for use at the SERRA Treatment Plant. Written Communications: (1) Report dated September 6, 1978, from David B. Smith, Administrative Services Officer, forwarding the results of bids received. Award of Contract: It was moved by Councilman Thorpe; seconded by Councilman Schwartze and unanimously carried to award the bid to the low qualifying bidder, Allied Colloids of Ridgewood, New Jersey, in the amount of $1.80 per pound, and to authorize the Mayor to execute the contract on behalf of the City and the City Clerk to attest thereto. Councilman Schwartze commended staff on the reporting. CONSENT CALENDAR It was moved by Councilman Thorpe 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: Councilman Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ME 9/6/78 1. APPROVAL OF WARRANTS (41) The List of Demands dated September 6, 1978, Warrants No. 14941 through 15053, inclusive, in the total amount of $555,637.95, is approved as submitted. 2. ,N COMMISSION ACTIONS OF AUGUST 21 (23) The Report of Actions taken by the Equestrian Commission at the meetings of August 21 and 28, 1978, is ordered received and filed. 3. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS OF AUGUST 10, AND AUGUST 17, 1978 (23) The Report of Actions taken by the Traffic and Transportation Commission at the meetings of August 10, and August 17, 1978, is ordered received and filed. 4. RELEASE OF FAITHFUL PERFORMANCE BOND, TRACT 5126 (85) Staff is authorized to exonerate the following bond for (38) public improvements resulting from Tract 5126 after September 21, 1978: Faithful Performance Bond No. 18SC7111778 issued by Fireman's Fund American in the amount of $500,000.00. 5. EASEMENT FOR PRIVATE WATERLINE IN PUBLIC RIGHT-OF-WAY, TRACT 8485 (CAPISTRANO WATER COMPANY) (85) The conditions are approved which obligate timely and (91) appropriate maintenance of private facilities owned by Capistrano Water Company located within easements and/or public rights-of-way dedicated to the City, as promulgated by the Easement Deed recorded in Book 2788, Pages 1571 through 1574, inclusive, of the records of the County of Orange, and as set forth in the report dated September 6, 1978, from the Director of Public Works. 6. TIME EXTENSION TO OCTOBER 16, 1978, CALLE ARROYO SEWER (FROST CONSTRUCTORS) (80) Contract Change Order No. 1, granting a time extension to Frost Constructors for 30 days or until October 16, 1978, is approved for the completion of the Calle Arroyo Sewer. 7. CLAIM FOR DAMAGES (BURNETT) (35) The Claim in the amount of $25,000.00 filed on August 15, 1978, by Claudius Kulvinskas on behalf of Steven M. Burnett for injuries and property damage which allegedly occurred on May 10, 1978, is denied and referred to the City's insurance carrier, Dan Gorman Insurance. M - LOT 12 (85) The request for a transfer of a 2932 square foot portion of (25) Lot 4, Tract 9064, owned by Interverde Corporation to Lot 12, Tract 5996, owned by Warren J. Hanselman, is approved by adoption of the following Resolution, subject to a condition that a stipulation be included in the deed which provides that no additional parcels shall be created by the lot line adjustment: RESOLUTION NO. 78-9-6-4, ADJUSTMENT TO LOT LINE (HANSELMAN/INTERVERDE CORPORATION) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN ADJUSTMENT TO A LOT LINE (HANSELMAN/INTERVERDE CORPORATION) -9- 9/6/78 4C 9. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS FOR LANDSCAPING SERVICES - DESCANSO PARK AND SPECIFIED PARKWAYS (38) The specifications and call for bids for landscaping (62) maintenance of Descanso Park and related parkways is approved; the current contract with Toyo Landscaping Company for such services is extended from September 21, 1978, to December 31, 1978. 10. EXTENS ION AGREEMENT AND ACCEPTANCE TDAl rn a7or (Tri 7vN (85) The Subdivision Agreement for Tract 9795 is extended from (38) September 7, 1978, to March 1, 1979; the extension of the Letter of Credit issued by American State Bank in the amount of $88,150.00 dated August 29, 1978, issued on behalf of Jack Love for Tract 9795, is accepted. SUBDIVISIONS AND ANNEXATIONS 1. ADOPTION OF RESOLUTION APPLYING FOR ANNEXATION (VAN ROEKEL, ET AL.) (21) Proposal: A request for annexation of properties north of the City limits, as follows: Coast Bible Church 5.6 acres Van Roekel Property 11.0 acres Dewire Property 3.5 acres 19.1 acres City staff proposes that an additional 0.75 -acre triangular parcel at the corner of Via Escolar and Marguerite Parkway be included in the study area for a total of approximately 22 acres. Initiation of annexation proceedings for the four properties within the study area is recommended based on the following findings: (1) The properties are within the City's approved sphere of influence. (2) Three of the four property owners have indicated they are favorably disposed to annexation. The fourth property is very small and has been included to "square off" the annexation area. (3) The properties already lie within the City's Waterworks District No. 4. (4) The properties are located such that the City is the local jurisdiction which can most logically and efficiently supply municipal services. (5) Development of the vacant properties will occur whether they are annexed or not. I£ they are annexed, the City will have much greater influence over the character and sensitivity of such development. This consideration applies to the Van Roekel as well as the other properties. Written Communications: (1) Report dated September 6, 1978, from the Director of Community Planning and Development forwarding a proposed Resolution applying for annexation of the properties. Initiation of Annexation Proceedings: It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Resolution be adopted: -10- 9/6/78 45 RESOLUTION NO. 78-9-6-5 VAJO N! SV -Y 1l ti] �k sale) a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR THE ANNEXATION OF TERRITORY ADJACENT TO THE NORTH BOUNDARY OF THE CITY (IDENTIFIED AS VAN ROEKEL, ET AL.) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Informal Support of Application: It was moved by Councilman Schwartze; seconded by Councilman Buchheim and unanimously carried that staff be directed to supply all necessary information in support of the application to the Local Agency Formation Commission, particularly as it relates to all utility services for the area. ADMINISTRATIVE ITEMS CITY MANAGER 1. AUTHORIZATION TO FILL PERSONNEL VACANCIES (66) Council received copies of a report dated September 6, 1978, from the City Manager advising that replacement hiring has been approved for the following positions: One part-time Clerk -Typist, City Clerk's Department; One Secretary II, Department of Community Planning and Development; One Operator I, Treatment Plant; Two Maintenance Man I, Treatment Plant. It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to concur with the City Manager's approval for the replacement hiring. DIRECTOR OF PUBLIC WORKS 1. FORMATION OF ASSESSMENT DISTRICT 78-1 (CAMINO CAPISTRANO SOUTH) (74) Proposal: (38) Acceptance of a Petition for the formation of a special assessment district for the construction of public improvements on Camino Capistrano submitted by Jack L. Modrich on behalf of the property owners, John A. Napoli and Goultekin Ashik, pursuant to the Municipal Improvement Act of 1913. The Improvements include paving, curb and gutters, sidewalks, street lights, sewer and water lines, storm drain improvements and undergrounding of utilities in the area fronting a proposed car wash and auto repair center. Mr. Napoli has submitted the sum of $6,500.00 to begin formation of the distrct. Written Communications: (1) Reports dated September 6, 1978, from the Director of Public Works advising that the City will administer the legal proceedings; the developers will provide 100 percent of the funds for the administrative costs of the district and for the public improvements; and, forwarding proposed legal and engineering consultant services agreements. -11- 9/6/78 Acceptance of Petition: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unamimously carried to accept the Petition for the formation of an assessment district as submitted by John Napoli and Goultekin Ashik. Approval of Legal and Engineering Consultant Services Agreements: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the letter agreements with F. Mackenzie Brown for legal services dated August 16, 1978, and Ronald Martin & Associates, Inc., for engineering services dated August 18, 1978. COMMISSIONS, BOARDS, COMMITTEES DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE 1. RECOMMENDED SCOPE OF WORK FOR COMPLETION OF STUDY (68) Written Communications: (1) Report dated September 6, 1978, from the Director of Community Planning and Development forwarding the Committee redefinition of the Downtown Study for preparation of a master plan for the future development of the area, as authorized by the City Council on March 1, 1978. The recommended scope of work consists of the following tasks to be performed by the planning consultant firm of CHNMB/Lawrence Halprin and Associates over a period of 8 weeks: 1. Downtown Beautification Plan; 2. Mission and Downtown Parking Plan; 3. Traffic Circulation Plan(s); 4. Specialty Shopping Center Plan; 5. Participation, Review and Approval. (2) Memorandum dated September 6, 1978, from Natalie Mitchell, Chairman, forwarding the Committee recommendations that the scope of work entitled Conceptual Schematic Master Plans and Budget Estimates be approved; that funds be appropriated for completion of the Study; and, that authorization be granted for preparation of an agreement with the consultant. Mr. Al Jimenez, Committee Member, addressed the Council and reported that the revised work program essentially combines the tasks outlined in the original Phases II and III of the Study, with citizen participation in the development of the master plan encouraged. With the revised program, implementation of the study should commence at an earlier date. Mayor Friess expressed the Council's appreciation to _ Mr. Jimenez and to all committee members. Deferral of Action: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to receive the recommendation of the Study Committee and to defer action on the report until the City Council meeting of September 13, 1978, for the purpose of evaluating its financial impact as it relates to other capital improvement projects. -12- 9/6/78 7 EQUESTRIAN COMMISSION 1. PROPOSED TRAIL RIDE TO CASPERS PARK (23) Written Communications: (1) Report dated September 6, 1978, from the City Clerk/ Commission Secretary regarding the proposed "First Annual Trail Ride, San Juan Capistrano to Caspers Park" which is being planned as a family-oriented annual event to highlight the equestrian lifestyle of the City and the equestrian use of Caspers Park. The Ride is scheduled for Sunday, October 15th, starting at San Juan Creek, would be limited to 250 riders, and would be self-supporting with any excess funds designated for equestrian trail development, acquisition and maintenance. The City Clerk advised that authorization has been given for the group to ride through the O'Neill Ranch property. Endorsement of Trail Ride: It was moved by Councilman Buchheim; seconded by Councilman Schwartze and unanimously carried to endorse the First Annual Trail Ride, San Juan Capistrano to Caspers Park, to authorize the Equestrian Commission to proceed with the event, and to authorize the establishment of a trust account for the purpose of receiving and expending funds. Authorization for Use of City Seal: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to authorize use of an imprint of the City Seal on publicity fliers for the event. COUNCIL ACTIONS 1. APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW (23) Mayor Friess nominated Tony Bland. It was moved by Councilman Hausdorfer; seconded by Councilman Buchheim and unanimously carried that nominations be closed and that Anthony Bland, 31802 Via de Linda be appointed to fill the existing vacancy on the Architectural Board of Review. 2. APPOINTMENT TO PUBLIC FACILITIES COMMITTEE (23) With the concurrence of Council, Mayor Friess directed that the Planning Commission select one of its members to serve on the Public Facilities Committee. 3. APPOINTMENTS TO ORANGE COUNTY HOUSING AUTHORITY ADVISORY COMMITTEE (56) Councilman Thorpe nominated Jessica Dean. It was moved by Councilman Thorpe; seconded by Councilman Buchheim and unanimously carried that nominations be closed and that Jessica Dean, 32742 Alipaz Street, #102, be appointed as the City's representative on the Advisory Committee to the Orange County Housing Authority, and Dawna M. Saunders, 31881 Paseo Alto Plano, be appointed as Alternate. 4. LEAGUE OF CALIFORNIA CITIES CONFERENCE - APPOINTMENT OF VOTING DELEGATE AND ALTERNATE (61) It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried that Mayor Friess be appointed as the City's voting delegate at the General Business Session of the League of California Cities Conference on September 26th; Councilman Schwartze is appointed to serve as the Alternate Delegate. -13- 9/6/78 5. VARIANCE FOR GARAGE CONSTRUCTION, 32192 YSIDORA STREET (ISCH) (92) The City Manager made an oral report on the issue of a variance granted to John Isch for construction of a garage at 32192 Ysidora Street, and requested that the City Council direct the Planning Commission to conduct a public hearing to consider a variance to allow a 2 -story structure; the Commission had previously granted a variance for a 5' encroachment into the side yard setback, and building permits for a 2 -story structure had been issued in error by the County. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to direct the Planning _ Commission to schedule public hearings to consider the matter of a new variance for a 2 -story structure. COUNCIL REMARKS AND COMMITTEE REPORTS 1. MAYOR'S MEETING - CHANGE OF NAME (32) Councilman Thorpe inquired about distribution of minutes of the Mayor's Meetings; Mayor Friess advised that there had been no direction that minutes be taken of those meetings. Council concurred with the suggestion of Mr. Thorpe that the name of the meetings be changed to "Commissioner's Meetings" since the focus of the meetings is on activities of the Commissions and Boards and their inter -action with one another. 2. AIR QUALITY MONITORING STATION (59) Councilman Thorpe noted that the local air quality monitoring station had been closed down by the Air Quality Management District and requested a report to include exactly what the readings have been since the monitoring began and the justification for closing the station with the aim of possibly recommending occasional sample monitoring. Mayor Friess suggested that the report also include information on the cost of the monitoring station. 3. CABLE TELEVISION SERVICE (43) Councilman Thorpe noted recent increases in the cost of the "Show Time" service. The City Manager advised that the City has no control over charges for Show Time rates, only the basic service rates. With concurrence of the Council, Mayor Friess directed that review of the television service franchise and consideration of review periods be placed on a City Council Agenda following the 1978-83 budget discussions. 4. COUNCIL MEETING TELEVISION/RADIO COVERAGE 1 (32) Councilman Thorpe noted he would pursue the possibility of radio coverage of City Council meetings as a means of phasing into possible television coverage so that citizens may be more aware of City activities. 5. DEL AVION STORM DRAIN (80) Councilman Huasdorfer inquired into the length of time needed to start work on the Del Avion Storm Drain if Council decides it is a high priority item. The Director of Public Works advised that the County has the plans, but have indicated they would be willing to turn them over to the City. Mayor Friess suggested that the plans be obtained from the County and the Director of Public Works granted time to prepare a cost report. -14- 9/6/78 6. EARTH STOCKPILE AT GANADO ROAD (39) Councilman Hausdorfer inquired into the status of the topsoil stockpiled near Ganado Road. The Director of Community Planning and Development advised that it is a topsoil processing operation and that the persons involved have been asked to discontinue the operation and make application for a Conditional Use Permit. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:40 P.M. to the next meeting date of Wednesday, September 13, 1978, at 7:00 P.M. in the City Council Chamber. Mayor Friess advised that the September 13th meeting would recess to an executive session at 9:30 P.M. for discussion of personnel matters. Respectfully submitted ATTEST: /x"—""� �- �� KENNETH E. FRIESS, MAYOR / /lam �✓ r _ ��17/ �c- MARY ANN H OVER, CITY CLERK v -15- 9/6/78