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78-1115_CC_Minutes_Regular Meeting12`1 NOVEMBER 15, 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 Councilman Gary Hausdorfer. 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; Tom Baker, Director of Recreation; James S. Okazaki, City Attorney; Cheryl Johnson, Deputy City Clerk. MTNLITRS Adjourned Regular Meeting of October 25, 1978: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe that the Minutes of the Adjourned Regular meeting of October 25, 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 Adjourned Regular Meeting of November 1, 1978: It was moved by Councilman Schwartze, seconded by Councilman Thorpe that the Minutes of the Adjourned Regular Meeting of November 1, 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 Regular Meeting of November 1, 1978: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that Minutes of the Regular Meeting of November 1, 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 -1- 11/15/78 128 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 Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None RECONSIDERATION OF WATERWORKS DISTRICT NO. 4 PROJECT, TRACT 6381 (FREDRICKS DEVELOPMENT) (85) Appeal: (94) Waterworks District No. 4 presented an appeal of a decision made by the Environmental Review Board in eliminating one access ramp to the construction site of the Mission Hills Reservoir, and in requiring a more southeasterly location for the stockpile of dirt from the construction site. Ray Woodside, Engineer for the Water District, cited the need for two access ramps to the construction site and the additional funds that would be expended to relocate the proposed stockpile. He advised that the proposed stockpile area is on the easterly side of the ridgeline and not visible from the freeway or other residences. The Director of Public Works presented the concerns of the Environmental Review Board; those being to maintain the area as open space, with the reservoir submerged; that there be no stockpile on a preserved area; and, to tie into an existing road. The Council discussed the stockpiling of dirt, and the hauling and dumping involved and cited the need for the reservoir to serve new homes to be constructed in the area. Approval of Access Road and Stockpile Area: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the plans presented by the Water District for the location of the dirt stockpile and the two access ramps for the construction of the Mission Hills Reservoir. Councilman Thorpe expressed concern that the area of the construction be returned to its original contours. PRESENTATIONS AND COMMENDATIONS 1. MOBILE HOME RENT CONTROL (25) Mr. Al Arps, Chairman of the San Juan Capistrano Mobile Home Council, addressed the Council in support of initiating the appointment of a five -member body to deal with the problem of providing relief from the increased costs in the City's mobile home parks. He suggested adoption of an ordinance or resolution regulating rent increases; utility costs; all cleanup, security and holding fees; and park rules. Mr. Arps requested some action before the new year, advising that additional costs are levied at that time. At the request of Mayor Friess, Mr. Arps introduced Mr. Earl Lane, Director of the Orange County Golden State Mobile Home Owners League, and Ms. Pat Kish, Member of the National Mobile Home Council and a consultant in Supervisor Clark's office. -2- 11/15/78 129 Council Discussion: Mayor Friess advised that he felt the request is legitimate and worth Council's consideration; Councilman Thorpe advised he would be in favor of appointing an interim body or a group to initiate discussion. Councilman Hausdorfer expressed concern about coordination with the County. Formation of Interim Committee: With the concurrence of Council, Mayor Friess recommended formation of an interim committee composed of Bud Hanson, Manager, Rancho Del Avion; Dr. I. Watkins, DDS, owner, Capistrano Valley Mobile Estates; Councilman Schwartze; and two additional persons to be suggested by Mr. Arps. The first meeting is scheduled for November 29th at 7:00 P.M., in the Council Chamber; an agenda report is to be scheduled for December. 1. COMMISSION REPRESENTATION (67) Michael Berns, Chairman of the Planning Commission, advised he was present to answer any questions regarding recommendations made by the Commission. 2. APPEAL OF CONDITIONAL USE PERMIT 78-4 (39) Jeffrey Heininger, 31355 E1 Horno, applicant, requested permission to address the Council at the Public Hearing. 3. CAMINO DEL AVION STORM DRAIN (80) Shig Kinoshita, 27015 Calle Real, Capistrano Beach, requested permission to address the Council on this matter. PUBLIC HEARINGS 1. CONTINUATION OF PUBLIC HEARING APPEAL OF PLANNING COMMISSION DENIAL, ZONE VARIANCE 78-18 (ISCH) (92) At the request of applicant, this appeal hearing was continued from the meeting of November 1, 1978. Proposal: Appeal of the Planning Commission action of September 26, 1978, denying a variance to permit the construction of a second story on a garage structure in the rear yard of property located at 31292 Ysidora Street. The Planning Commission, in Resolution No. PC 78-9-26-1, recommended denial of the project based on three of the four mandatory findings required by Section 2.3.4 of the Land Use Management Code. Applicant: Mr. and Mrs. John Isch, 31292 Ysidora Street, San Juan Capistrano. Written Communications: (1) Report dated November 1, 1978, from the Director of Community Planning and Development forwarding the Planning Commission recommendation of denial of Zone Variance 78-18; (2) Addition to the Agenda Item dated November 15, 1978, from the Director of Community Planning and Development forwarding additional background material. -3- 11/15/78 ISO (3) Memorandum dated September 12, 1978, from the City Manager forwarding a chronology of events leading to the Isch appeal; (4) Letter dated October 26, 1978, from Milton Davis, 33142 Blue Fin Drive, Dana Point, owner of adjacent property at 31304 Ysidora Street, opposing Zone Variance 78-18; (5) Two letters dated October 25 and September 19, 1978, from Maurice Koeberle, 31302 Calle San Pedro, in opposition to the variance. (6) Letter dated November 13, 1978, from Maurice Koeberle submitting easement documentation for lots in the area. (7) Letter dated November 1, 1978, from James Reavis, 31292 Calle San Pdero, stating opposition to the project and forwarding a letter dated June 12, 1978, expressing concern for the legality of the project. Mr. Merrell gave a slide presentation showing the impacts of the project on surrounding areas, and the background leading to the Planning Commission's denial of the variance, noting that the original plans the Commission approved were for a one-story building; the variance in question is for the additional floor to encroach within the 5 -foot setback and to exceed the maximum height limitation by 2 feet. Mr. Merrell cited ways to make the existing structure conform to Land Use Management Code requirements. Continued Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open. The following persons addressed the Council in favor of the project: (1) Dave Carmen, Attorney representing the applicant; (2) John Isch, applicant, presented a petition signed by neighbors in support of his project; (3) Elisabeth Isch, applicant; (4) Mary Jane Forster, 31312 Guadalupe. The following persons addressed the Council in opposition to the project: (1) Maurice Koeberle, 31302 Calle San Pedro; (2) Leo Quirk, 31341 Andres Pico, presented photographs taken of the project from his property; (3) Cindy Quirk, 31341 Andres Pico; (4) James Reavis, 31292 Calle San Pedro. There being no one else wishing to address the Council, Mayor Friess declared the hearing closed. Mr. Merrell discussed the Land Use Management Code with regard to differences in height between principal structures and accessory structures, and explained that Mr. Isch would have to obtain permission from two property owners in order to build his driveway. RECESS AND RECONVENE Council recessed at 9:27 P.M., and reconvened at 9:40 P.M. -4- 11/15/78 Council Discussion: Council concurred that they would have been opposed to the original variance had it been for a two-story building and expressed concerns regarding the four mandatory findings pursuant to Land Use Management Code Section 2.3.4. Denial of Zone Variance 78-18: It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe to sustain the action of the Planning Commission and deny the appeal of Zone Variance 78-18. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: Councilman Buchheim ABSENT: None Council suggested that staff work with Mr. Isch in alleviating the problems. 2. APPEAL OF PLANNING COMMISSION DECISION CONDITIONAL USE PERMIT 78-4 (COMMUNITY COUNSELING CENTER) (39) Proposal: (78) An appeal of the October 10, 1978, Planning Commission decision approving the Conditional Use Permit to allow the Community Counseling Center to establish a Head Start pre-school at a location currently known as the "Scout Hut" and located at the intersection of La Matanza and E1 Horno Road. The hearing date was set by Council action of November 1, 1978. Applicant: Jeffrey and Jayne Heininger, 31355 E1 Horno Street. Written Communications: (1) Report dated November 15, 1978, from the Director of Community Planning and Development forwarding the Planning Commission recommendation of approval and the applicant's October 20th appeal letter. (2) Letter dated November 9, 1978, from Charlotte McKinley, 31361 La Calera, San Juan Capistrano, in opposition to the proposed use. Mr. Merrell advised that the Counseling Center is under constraints to receive Federal grant monies and wishes to establish the school at the proposed location for an interim one-year period and that the use would be termined by July 31, 1979. Conditions set by the Planning Commission include length of use, fencing, parking, and loading zones. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open. The following persons addressed the Council in opposition to the Conditional Use Permit: (1) Jeffrey Heininger, 31355 E1 Horno, noted a petition had been submitted to the Planning Commission. (2) Paul Pitzer, 31442 La Matanza; (3) Roberta Sukut, 31326 Don Juan; (4) Winona Thomason, 31306 Don Juan; -5- 11/15/78 132 (5) Fred Thomason, 31306 Don Juan. The following persons addressed the Council in favor of the Conditional Use Permit: (1) Evelyne Villegas, Director of the Head Start Program; (2) C. C. McCary, 31501 La Matanza. There being no one else wishing to address the Council, Mayor Friess declared the hearing closed. Council Discussion: Councilman Thorpe suggested that in the future any petitions relevant to the issue should be included in the packet. Council concurred that they would support the project with the under- standing that the use would be temporary and that they would not grant another Conditional Use Permit for the project in the future. Approval of Conditional Use Permit 78-4: It was moved by Councilman Schwartze and seconded by Councilman Buchheim to sustain the action of the Planning Commission and approve Conditional Use Permit 78-4, and further that all parties should coordinate to find a better location; that some uses located in the area may no longer be appropriate and should be considered when studying the Civic Center area, with consideration given to terminating the fire station use at its present location. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Traffic Commission was directed to study the area in terms of speed and parking problems. Mayor Friess suggested that Council consider a resolution to the Capistrano Unified School District suggesting that the City has taken on the responsibility for the Head Start program on an interim basis; and, that being an educational matter, the Council feels the educational system should actively cooperate with Head Start to find a solution to the problem. The City Manager advised that the resolution would be returned at the next regular meeting. STATUS REPORT ON CAMINO DEL AVION STORM DRAIN (80) Council received copies of a report dated November 15, 1978, from the Director of Public Works, listing six alternatives and cost estimates for the implementation of the Camino del Avion Storm Drain, as follows: Alternate 1 - Construct all three phases of the storm drain at $635,000. Alternate 2 - Construct Phase 1 only at $303,000 Alternate 3 - Construct drainage structure on north side of Del Obispo at $100,000 Alternate 4 - Construct all three phases of the Del Avion Storm Drain and drainage structure on north side of Del Obispo at $748,000 Alternate 5 - Construct Phase 1 and drainage structure on north side of Del Obispo at $404,000 Alternate 6 - take no action. The project was originally to be completed in three phases with the first phase being completed in conjunction with County funding; however, the County cancelled their funding of the -6- 11/15/78 133 project. The report was presented at the request of Council for consideration and direction. The staff recommended Alternate 5. Shig Kinoshita, 27015 Calle Real, Capistrano Beach, owner of affected property, addressed the Council in support of Alternate 1, advising that flooding is still a problem. He advised that Alternate 5 would be acceptable; that control of the run -o££ from the north side of Del Obispo is a major problem. ' The Director of Public Works advised that the thrust of Alternate 5 is to design Phases 2 and 3 and the drainage facility; there is no recommendation for funding at this time. Council Discussion: Councilman Hausdorfer expressed strong support for Alternate 1 and suggested funds be designated from the Agricultural Preservation or Drainage Funds. Council discussed the funding differences between Alternates 1 and 5, expressing concern regarding funding sources and time elements involved. Authorization to Implement Alternate 5: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer to authorize staff to implement Alternate 5, which commences construction of Phase 1 in the Spring with Phases 2 and 3 to be implemented as soon as possible after the completion of Phase 1. The motion carried unanimously. Funding was discussed from the following sources: Drainage Fund, the Agricultural Preservation Fund and possible funding from other agencies. Authorization to Implement Short -Term Corrective Measures: It was moved by Councilman Thorpe, seconded by Councilman ' Hausdorfer to request staff to meet with the property owners regarding rapid and short-term solutions to the flow problem from the north side of Del Obispo, and to provide a cost estimate, with funding to be considered from the Agricultural Preservation Fund. The motion was subsequently amended to include an authorization for staff to spend up to $3,000, to be charged to the Agricultural Preservation Fund, to implement plans and design work. The motion carried unanimously. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 376, REZONE 78-6 (BEAR BRAND RANCH) (95) The City Attorney read the title of the Ordinance next in (55) order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Ordinance be adopted. The Ordinance was introduced at the regular meeting of November lst. ORDINANCE NO. 376, REZONE 78-6 (BEAR BRAND RANCH) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, ' CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY PREZONING TRACT 9390 EXCEPT LOT 41, TO 100 EL (LARGE ESTATE, 100 -FOOT MINIMUM STREET FRONTAGE) PRIOR TO ANNEXATION The motion carried by the following vote: -7- 11/15/78 /j� AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ADOPTION OF ORDINANCE NO. 377, LANDSCAPE MAINTENANCE DISTRICTS - TRACTS 7673, 8485, 9284, 9373, AND 9382 (74) Proposal: (55) To adopt a Special Ordinance of intent to form the landscape maintenance district and setting a hearing for December 6, 1978, at 7:00 P.M., in the City Council Chamber to receive protest and input on the formation of landscape maintenance districts for 5 tracts. Written Communications: (1) Report dated November 15, 1978, from the Director of Public works forwarding the proposed Ordinance of Intent. Council Discussion: Mayor Friess expressed the concern that each purchaser be made aware of the maintenance district and the costs involved. The Director of Public Works advised that requirements for signing or mailing can be built into the Ordinance establishing the District. Adoption of Ordinance of Intent to Form Open Space Maintenance District: 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 and seconded by Councilman Hausdorfer that the following Ordinance be adopted: ORDINANCE NO. 377, LANDSCAPE MAINTENANCE DISTRICT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING INTENT TO FORM AN OPEN SPACE MAINTENANCE DISTRICT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: None Councilman Thorpe requested that any future proposals for Maintenance Districts be brought to Council attention at the planning stage. RESOLUTIONS 1. RESOLUTION OF INTENT TO VACATE PORTION OF GANADO ROAD (25) Proposal: To vacate a portion of Ganado Road located within properties owned by Glendale Federal Savings and Loan and Romarco Realty. Applicants: (1) Glendale Federal Savings and Loan Association, 401 North Brand Boulevard, Glendale 91209 -8- 11/15/78 135 (2) Romarco Realty Corporation, P. O. Box 338, San Juan Capistrano 92693 Written Communications: (1) Report dated November 15, 1978, from the Director of Public Works forwarding the Resolution of Intent. Adoption of Resolution of Intent to Vacate Portion of Ganado Road: It was moved by Councilman Buchheim and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 78-11-15-1, INTENT TO VACATE PORTION OF GANADO ROAD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF GANADO ROAD The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution sets a hearing for December 6, 1978, at 7:00 P.M., in the City Council Chamber. 2. FORMATION OF NEW SCHOOL DISTRICT (78) Proposal: Proposed creation of a new unified school district which would divide the City into two separate districts. At the present time the City is located entirely within the boundaries of the Capistrano Unified School District. Written Communications: (1) Report dated November 15, 1978, from Loretta Murray, forwarding a Resolution in opposition to the formation of the School District. A petition for the formation of the new school district was received by the Orange County Committee on District Organization; a public hearing will be held in March, 1979, as the first step in the proposed creation of the district. Adoption of Resolution Opposing Formation of New School District: It was moved by Councilman Schwartze and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 78-11-15-2, OPPOSING THE FORMATION OF NEW SCHOOL DISTRICT BOUNDARIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING THE FORMATION OF NEW SCHOOL DISTRICT BOUNDARIES The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 11/15/78 136 BIDS, CONTRACTS, AGREEMENTS 1. AUTHORI IqA IED (38) Proposal: Rejection of bid and authorization to re -advertise for maintenance of Descanso Park and Specified Parkways. Written Communications: (1) Report dated November 15, 1978, from the Director of Public Works. Authorization to Re -advertise for Bids: _ It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to approve the revised Notice Inviting Bids and to reject the bid received November 1, 1978; the Public Works Department is authorized to re -advertise for the landscape maintenance of Descanso Park and Specified Parkways. CONSENT CALENDAR It was moved by Councilman Thorpe and seconded by Councilman Hausdorfer 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 [.`791 W Iii�C.TLa 1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF OCTOBER 31, 1978 (41) The City Treasurer's Report of Investments as of October 31, 1978, is approved as submitted. V, 1911 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of October 31, 1978, is approved as submitted. 3. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF SEPTEMBER 30, 1978 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the three-month period ending September 30, 1978, is _ approved as submitted. 4. REPORT OF CULTURAL HERITAGE C6MMISSION ACTIONS OF NOVEMBER 7, 1978 (41) The Report of Actions taken by the Cultural Heritage Commission at the meeting of November 7, 1978, is ordered received and filed. 5. REPORT ON CORRECTIONS OF TRACTS 8087 AND 8319 (MEREDITH) (85) The report from the Director of Public Works, dated November 15, 1978, regarding the status of corrective grading work is received and filed. -10- 11/15/78 137 6. TIME EXTENSION - SAN JUAN HOT SPRINGS DANCE HALL (OLSEN) (23) The Contract Change Order No. 3, granting a 61 -day time extension for completion of the Dance Hall is accepted. The Change Order extends the completion date to December 15, 1978. 7. APPEAL OF PLANNING COMMISSION DENIAL OF ZONE VARIANCE 78-15 (GROOS) (92) Written Communications: (1) Report dated November 15, 1978, from the City Clerk forwarding a letter dated October 31, 1978, from Mr. and Mrs. Glen W. Groos, 33501 Calle Miramar, San Juan Capistrano, appealing the decision of the Planning Commission in denying Zone Variance 78-15 for the construction of an outside stairway from a second floor patio deck structure. The $25.00 appeal fee has been paid. It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to set a Public Hearing for December 6, 1978, pursuant to the Land Use Management Code. APPROVAL OF WARRANTS (41) Following clarification of Warrant No. 15453, it was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried that the List of Demands dated November 15, 1978, Warrants Nos. 15397 through 15485, inclusive, in the total amount of $233,522.72, is approved as submitted. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - CALLE ARROYO SEWER (FROST CONSTRUCTORS) (80) At the request of staff, consideration of the Notice of Completion and Final Report for the construction of the Calle Arroyo Sewer was held over to the meeting of December 6th pending final inspection of the seal coat. In response to Mayor Friess regarding a long-term solution, the Director of Public Works advised that recapping of the street would provide the best finish. Staff was directed to address the recapping of Calle Arroyo in terms of cost and responsibility. SUBDIVISIONS AND ANNEXATIONS 1. AGREEMENT TO PARTICIPATE IN DEL OBISPO-AGUACATE ROAD CURVE, TRACT 9299 (REB INVESTMENTS) (38) The Agreement between the City and REB Investments, 930 Via Lido Nord, Newport Beach, 92660, for participation in the street improvements at the Del Obispo-Aguacate Road curve is accepted and the Mayor and City Clerk authorized to execute the Agreement on behalf of the City. The project will improve ' Del Obispo Street at its intersection with Aguacate Road to increase safety. 2. ACCEPTANCE OF SUBDIVISION AGREEMENT, TRACT 9299 (REB INVESTMENTS) (38) The Agreement between the City and REB Investments, 930 Via Lido Nord, Newport Beach, 92660, for a one-year postponement of the requirement to install public and private improvements -11- 11/15/78 138 is approved and the Mayor and City Clerk authorized to execute the Agreement on behalf of the City. The following irrevocable letters of credit from the Bank of America are accepted: Irrevocable Standby Letter of Credit No. SBLA-88088, dated October 26, 1978, in the amount of $55,000 for the improvement of the Del Obispo-Aguacate Road curve; Irrevocable Standby Letter of Credit No. SBLA-88090, dated October 26, 1978, in the amount of $66,000 for Labor and Materials (public) at $15,500; Faithful Performance (private) at $48,300; and, Monumentation at $2,500; Irrevocable Standby Letter of Credit No. SBLA-88087, dated October 26, 1978, in the amount of $15,500 covering faithful performance on public improvements. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT - MEREDITH CANYON LANDSCAPING TRACTS 8087 AND 8319 (85) Council received copies of a report dated November 14, 1978, from the Director of Community Planning and Development advising that a field inspection of the hydroseeding and remedial planting of trees and shrubs was conducted November 3, 1978, and that the installation was found to be satisfactory. The report was ordered received and filed. 2. SAND AND GRAVEL OPERATIONS: TOPSOIL OPERATION: SAN JUAN CREEK, GANADO ROAD (39) Council received copies of a report dated November 15, 1978, from the Director of Community Planning and Development citing two activities found to be operating in violation of the Land Use Management Code; a sand and gravel operation in San Juan Creek; and, a topsoil storage yard on Ganado Road. The Director of Community Planning and Development advised that both operators were advised to cease and desist; and, with their failure to comply, have been referred to the City Attorney. The City Attorney advised he is working on a method of citing these types of violations in the future, and requested direction in making them a criminal matter. It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to receive and file the report and to authorize the City Attorney to take the necessary action with regard to the above-mentioned violations. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. CONTRACT FOR CITY OPERATION AND MAINTENANCE, SERRA TREATMENT PLANT (79) Council received copies of a report dated November 15, 1978, from the Director of Public Works, forwarding an agreement for City operation and maintenance of the SERRA Wastewater Treatment Plant. The Agreement would run from January 1, 1979, through June 20, 1980, and provides for payment to the City as contractor in the amount of $32,281.00 per month. -12- 11/15/78 139 It was moved by Councilmen Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the agreement for the operation and maintenance of the SERRA Treatment Plant and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 2. AGREEMENT FOR SLUDGE PROCESSING UNIT - SERRA TREATMENT PLANT (79) Proposal: ' To approve an agreement with International Waste Systems, Inc. for sludge disposal, including processing and hauling. The company is to engineer, construct, install, and be responsible for, a Thermax Sludge Bioconversion Facility at the SERRA Treatment Plant. Written Communications: (1) Report dated November 15, 1978, from the Director of Public Works, forwarding the proposed agreement. Approval of Agreement: It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried to approve the Agreement for installation of Thermax Unit, Sludge Processing and Hauling at J. B. Latham Regional Waste Treatment Facility. The City's share of the monthly cost, fixed for a period of two years, is $1,325. SERRA Representative: Mayor Friess suggested that since the City has approved the Operations and Maintenance Contract for the SERRA Treatment Plant, it might be appropriate to appoint a new representative to the SERRA Board of Directors to relieve Councilman Thorpe of the additional duties. Councilman Thorpe suggested appoint- ment of a citizen, with a councilman as an alternate. With the concurrence of the Council, Mayor Friess directed that the appointment to the SERRA Board be agendized in the near future. 3. AUTHORIZATION TO EXPEND FUNDS FOR REPAIR OF STREET SWEEPER (75) Council received copies of a report dated November 15, 1978, from the Director of Public Works, advising of the need to overhaul or replace the primary engine on the Mobil Street Sweeper and additional repairs to the auxiliary engine. The cost for repair of the two engines, including parts, labor and contingencies, is estimated at $4,000. Authorization to Repair Street Sweeper: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to authorize the expenditure of $4,000 in the Public Works Cleaning Function for repairs and maintenance of the street sweeper. Staff is to investigate sources of funding other than the General Fund. DIRECTOR OF RECREATION 1. USE POLICY AND REGULATIONS ' SAN JUAN HOT SPRINGS DANCE HALL (69) Council received copies of a report dated November 15, 1978, (23) from the Director of Recreation, forwarding the proposed Hot Springs Dance Hall Use Policy and Regulations. -13- 11/15/78 M Approval of Policy and Regulations: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the Hot Springs Dance Hall Use Policy and Regulations. Council suggested that Sunday hours be extended to 10:00 P.M. Mayor Friess suggested that a sidewalk be constructed between the Dance Hall and Descanso Park, possibly to the barbeque area and requested the Director of Recreation to provide a cost estimate. The Director of Public Works advised that a budget item will be coming before the Council of $20,000 for minor corrections and that the sidewalk could be included in that. COMMITTEE REPORTS 1. REPORT FROM DELEGATE TO ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES (COUNCILMAN SCHWARTZE) (61) Councilman Schwartze suggested his report be postponed to the meeting of December 6th, due to the lateness of the hour; and advised that a speaker from the League of California Cities will be present to discuss the Inter -County Airport Authority. COUNCIL REMARKS 1. EMERGENCY SERVICES RESPONSE (36) Councilman Schwartze commended the emergency services for the quick action and response to the plane crash which occurred November 12th. 2. DECEMBER SCHEDULE OF MEETINGS (32) Councilman Hausdorfer suggested consideration be given to conducting only one meeting in December. 3. LANDSCAPING AT VILLAGE SAN JUAN (85) Councilman Thorpe expressed concern at trees at the entry to Village San Juan, restrictions and safety hazards. Mayor Traffic Engineer investigate. 4. TRUCK TRAFFIC - GANADO ROAD the location of the citing possible sight Friess suggested the (87) Councilman Thorpe requested action on barring truck traffic on Ganado Road. The Director of Public Works advised that the Traffic Commission is studying the problem and that their recommendation will be forthcoming. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:11 A.M., Thursday, November 16, 1978, to the next meeting date of Saturday, November 18, 1978, at 8:00 A.M., in the City Council Chamber. ATTEST: Xlz KENNETH E. FRIESS, MAYOR Respectfully submitted, MARY ANN HANOVER, CITY CLERK i CHERYL JOk , DEPUTY CITY CLERK -14- 11/15/78 141 NOVEMBER 18, 1978 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Friess at 8:00 A.M., in the City Council Chamber. 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. EXECUTIVE SESSION (33) Council recessed to an Executive Session for discussion of the City Manager's contract and reconvened at 11:40 A.M. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:41 A.M., to the Regular Meeting of December 6, 1978, at 7:00 P.M., in the City Council Chamber. ATTEST: KENNETH E. FRIESS, MAYOR Respectfully submitted, MARY ANNA OVER, CITY CLERK -1- 11/18/78