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78-0705_CC_Minutes_Regular Meeting456 JULY 51 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 7:15 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Councilman 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; George Lohnes, Assistant 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 June 21, 1978: It was move y COuncl man aus orfer, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of June 21, 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 TENTATIVE TRACT 9784 (MISBIN) (85) Correction to Resolution: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried that Resolution No. 78-6-21-1 be corrected, as follows: Page 4, Section 16(f), Line 3, add the words "plan review" between ". . . grading" and "that. . ." MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe 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. RESOLUTION IN MEMORY OF C. RUSSELL COOK (36) Mayor Friess read the Resolution in full giving posthumous recognition to C. Russell Cook for his contributions to the community and lifelong service to others. It was moved by Councilman Buchheim and seconded by Councilman Hausdorfer that the following Resolution be adopted: -1- 7/5/78 57 RESOLUTION NO. 78-7-5-1 COEMORATING C. RUSSELL COOK - RES5 N OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMEMORATING C. RUSSELL COOK The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ORAL COMMUNICATIONS 1. CASPERS PARK (56) Ilse Byrnes, Chairman of the Equestrian Commission, advised that the County lease with Conrock for their mining operation in Caspers Park has been extended to October 1st and that further consideration of the matter is scheduled for the July 11th meeting of the Board of Supervisors. Mayor Friess advised that he would attend the meeting and represent the City views as set forth in the letter to the Board dated June 9, 1978. Council concurred. 2. COMMISSION REPRESENTATION (23) Pauline Leonard, Member of the Parks and Recreation Commission, and Sharon Neely, Member of the Traffic and Transportation Commission, advised that they were present to answer any questions regarding recommendations made to the Council. 3. COMPLAINT RE PROPOSED ZONE CHANGE - GIDDINGS FRUIT STAND (95) Milton Long, 28333 Ortega Highway, addressed the Council to file a formal complaint regarding the operation of the Giddings fruit stand and cited noise, traffic, driveway blockage, unauthorized use of his property for ingress and egress, and violation of City Ordinance No. 171 which allows for selling of produce grown on adjacent land. Mr. Long noted that the majority of the merchandise is purchased for resale and presented a photograph of a sign indicating "Full Service Fruit Stand." Mr. Long also cited his opposition to a proposed zone change of the property to Neighborhood Convenience commercial zoning. The Director of Community Planning and Development advised that zoning regulations would be discussed with the operators of the stand. Harrison Giddings advised that they would make application for commercial zoning and would meet all City requirements such as architectural modifications, including a a -acre parking area. WRITTEN COMMUNICATIONS 1. COMPLAINT OF BUILDING DEFICIENCIES - CAPISTRANO GARDEN SSOCIATION (25) Council received copies of a letter dated June 19, 1978, from Timothy S. Neely, President, Capistrano Garden Homes Homeowners Association No. 2, P. O. Box 181, regarding complaints made to Westport Home Builders regarding numerous roof leaks within -2- 7/5/78 the 178 -home association. Copies of 15 complaint letters were also received. Mr. Neely addressed the Council to request support and suggestions. Council also received a report dated July 5th from the Director of Public Works advising that the complaints are being investi- gated and that Council will receive progress reports. The Assistant City Engineer advised that the Westport subcontractor is no longer in business. Mayor Friess suggested that copies of the complaint letters be sent to the State Contractors Board. Councilman Thorpe suggested that progress reports on the roofing situations be requested from Westport at the time application is made for the Mariners Village building permits. PUBLIC HEARINGS 1. TENTATIVE TRACT 9786 (BLACK MOUNTAIN VI (85) Proposal: s�ision of approximately 77.3 acres of land into 70 single family residential lots on property located at the present terminus of the improved section of San Juan Creek Road. Applicant: aSl ck 7ountain Villas, c/o VTN Consolidated, Inc., 2643 Fourth Avenue, San Diego, 92103. Written Communications: 1 Report dated July 5, 1978, from the Director of Community Planning and Development forwarding the recommendation of approval subject to conditions made by the Planning Commission on June 13, 1978. Exhibits were on display and the Director of Community Planning and Development made an oral presentation. Public Hearing: Notice having—been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons responded: (1) Tim Kruer, representing Black Mountain Villas/Patrick Development, the applicant, advised that the project would be an extension of the adjacent Los Corrales early California architecture, with extensive land- scaping and retention of the Echenique bunkhouse, that extensive geological studies will be done on the back half of the property, and that the all- weather access road does not appear to be necessary, but would be constructed. (2) Stan Boettcher, Orange County Fire Department, requested that a condition be added to the project requiring approval of access by the Fire Marshal's Office. There being no further response, Mayor Friess declared the Public Hearing closed. Approval of Tentative Tract 9786: Following discussion of i-n-t—e-r-n-a-T traffic circulation, emergency access, and the extension of San Juan Creek Road, it was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Resolution be adopted: -3- 7/5/78 459 RESOLUTION NO. 78-7-5-2 TENTATIVE TRACT 9786 (BLACK MOUNTAIN VILLA S - A RESOLUTION OF THE CITY COUNCIL OF THEITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT 9786 (BLACK MOUNTAIN VILLAS) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Tentative Tract is found to be in substantial compliance with the Residential Concept Plan; approval is contingent upon the 26 conditions listed in the Resolution and also contingent upon instructions to staff that a Resolution be prepared containing modifications to San Juan Creek Road; said Resolution to be submitted for Council consideration by August 2nd. 2. 1978 WEED ABATEMENT CHARGES (74) Proposal: pproval of the cost report for 1978 weed abatement services and assessment to individual properties, pursuant to Ordinance No. 348. Written Communications: Report dated July 5, 1978, from the Director of Public Works forwarding an itemized cost report; the charges consist of the actual contract or charges, plus 25% to cover City administration and inspection. 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. Confirmation of Cost Report: It was moved by Councilman Thorpe and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 78-7-5-3, WEED ABATEMENT - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution accepts the cost report and orders the charges assessed to the individual properties listed. Affected property owners may pay the cost of abatement services on or before August 1st, at which time the cost report will be forwarded to the County Auditor. -4- 7/5/78 3. CUSTOM HOMES/LAND SALE SUBDIVISIONS - MANAGEMENT (28) Proposal: (85) T City -initiated amendment to Ordinance No. 314 to provide flexibility in scheduling building permit issuance for the construction of custom homes in land sale subdivisions. Single lot owners would receive "carry over" permit allocations from previous years if all allocations for the present calendar year are exhausted. The amendment would not exempt lot sale subdivisions from normal growth management review or allocation requirements. Written Communications: amort armed July 5, 1978, from the Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission on June 20, 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. Introduction of Ordinance No. 366: 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 Thorpe and seconded by Councilman Schwartze that the following Ordinance be introduced: ORDINANCE NO. 366, EXEMPTION OF SINGLE LOTS IN LAND SALE SUBDIVISIONS - AN ORDINANCE OF THE CITY OF SAN JUAN I N , CALIFORNIA, AMENDING ORDINANCE NO. 314 TO EXEMPT SINGLE LOTS FROM GROWTH MANAGEMENT ALLOCATION REQUIREMENTS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ORDINANCES TRANSMITTAL OF ORDINANCE COPIES FOR SECOND READING (55) Mayor Friess advised that pursuant to the suggestion of Councilman (69) Buchheim, the City Clerk had provided copies of a proposed memorandum which would negate the need for duplication of ordinances for second reading. The memorandum will provide ordinance titles, date of introduction, and advise that copies are available for inspection in the City Clerk's office. Council Members concurred with the policy. 1. REZONE 78-4, HARRISON HOUSE/PARRA ADOBE PT 103 O F ORDINANCE (95) The City Attorney read the title of the Ordinance next in (23) order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was regularly intro- duced at the City Council meeting of June 21, 1978. It was moved by Councilman Thorpe and seconded by Councilman Buchheim that the following Ordinance be adopted: -5- 7/5/78 ORDINANCE NO. 361, REZONE 78-4 (HARRISON HOUSE/ Ytl2Ll4tl tfLWD"j — L 11 WL4 LI.LlV ] va a A v -- JUAN PI TRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF LOT A OF FINAL TRACT 7673 FROM RS (SINGLE FAMILY) TO IP (PUBLIC INSTITUTIONAL) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 2. UNIFORM FIRE CODE, 1976 EDITION, AND AMENDMENTS (ADOPTION�ff ORDINANCE NO. 362) (55) The City Attorney read the title of the ordinance next in (42) order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was regularly intro- duced at the City Council meeting of June 21, 1978. It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe that the following Ordinance be adopted: ORDINANCE NO. 362, UNIFORM FIRE CODE, 1976 EDITION - N ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE, 1976 EDITION, WITH AMENDMENTS THERETO, AND REPEALING ORDINANCES NOS. 259 AND 291 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 3. MUNICIPAL CODE PREPARATION REPEAL OF ORDINANCE1, 120, 164 AND 193 (ADOPTIONI (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. The Ordinance was regularly intro- duced at the City Council meeting of June 21, 1978. It was moved by Councilman Thorpe and seconded by Councilman Buchheim that the following Ordinance be adopted: ORDINANCE NO. 363, MUNICIPAL CODE PREPARATION - REPEAL OF CERTAIN ORDINANCES - AN ORDINANCE OF THE CITY OF SAN JU I ANO, CALIFORNIA, REPEALING ORDINANCES NUMBERED 61, 120, 164, AND 193 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -6- 7/5/78 462 4. REGULATING SAND AND GRAVEL OPERATIONS ADOPTION OF ORDINANCE NO. 365 (URGENCY) (55) Proposal: o� of safety standards and enforcement fees for the mining, quarrying or extraction of sand, gravel and minerals. The Ordinance establishes a plan check and processing fee of $50 and permit fees ranging from $200 to $1,500 per year based on tons of production and is submitted as an urgency matter to enable the Building and Safety Division to under- take the responsibility of administering the regulations. Written Communications: Report dated July 5, 1978, from the City Clerk forwarding the proposed Ordinance. Regulation of Truck Noise, Dust, Street Damage and Parking: Council Members concurre a a en ion s ou a given to control of nuisances such as noise and dust caused by truck traffic, damage to streets caused by transportation of dirt from subdivisions, and damage to bike trails caused by parking of trucks. The Director of Community Planning and Development advised that nuisances are dealt with in the issuance of conditional use permits. Mayor Friess suggested that bonding should be required for wear and tear on streets; the City Manager advised that regulations are being prepared. Councilman Thorpe requested that the Sheriff be notified of trucks parking in bike lanes at Avery Parkway. Adoption of Ordinance No. 365: 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 Thorpe and seconded by Councilman Buchheim that the following Ordinance be adopted: ORDINANCE NO. 365, SAND, GRAVEL AND MINERAL EXTRACTION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REGULATING EXTRACTION OF SAND, GRAVEL AND MINERALS AND ESTABLISHING FEES THEREFOR The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None RECESS AND RECONVENE Council recessed at 8:50 P.M., and reconvened at 9:08 P.M. RESOLUTIONS 1. SPECIAL ASSESSMENT DISTRICT 78-1 HIGHWAY PROPERTIES) (95) The Assistant City Engineer requested that consideration of this matter be continued to the meeting of July 19th. BIDS, CONTRACTS, AGREEMENTS 1. SPECIAL ASSESSMENT DISTRICT 78-1, CONSULTANT SERVICES (95) The Assistant City Engineer requested that consideration of this matter be continued to the meeting of July 19th. -7- 7/5/78 463 2. CONTRACTS FOR UPDATES OF MASTER PLAN OF SEWERS AND MASTER PLAN OF DRAINAGE (80) The contracts for Sewer and Drainage Master Plan Updates will be considered at a later date in conjunction with further report on Capital Projects. 3. LEASE OF CITY PROPERTY WHEEU-STATEEST— (38) Council received copies of two reports from the City Clerk/ Equestrian Commission Secretary with regard to the Lease with Wagon Wheel Stables of Lot A, Tract 8485. Provisions of the Lease provide that the City receive proof of comprehensive public liability insurance coverage naming the City as a co-insured. On June 26th the Equestrian Commission recommended that the Lease be terminated since the insurance certificate had not been received. The City Clerk advised that the coverage has been ordered and the necessary documents should be forthcoming in the immediate future. It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to authorize staff to accept the Certificates of Insurance to allow continuation of the Lease with Wagon Wheel Stables; and, if the Certificates are not received by July 20, 1978, staff is directed to terminate the Lease and notify the Lessee to quit the premises. 4. MULTI -MODAL TRANSPORTATION TERMINAL - PLICATION FO GRANT FUNDS GREAP E ENT FOR CONSULTANT SERVICES (88) Proposal: ppA rovZ of consultant services for preparation of a State Senate Bill 1879 Grant application to provide funds for land acquisition, construction, and preparation of plans and specifications for a multi -modal transportation facility combining bus and rail services. Increased transportation services enhancing commercial activities are in conformance with the goals of the General Plan. Caltrans has indicated preference for one facility in southern Orange County which would include the only Amtrak stop. Proposals have been prepared by the communities of Irvine and Mission Viejo. Written Communications: Report ate u y 5, 1978, from Pamela Hallan, Administrative Aide. Councilman Schwartze noted his concerns with the time for preparation of the application, since proposals must be submitted by August 15th, with the recommended cost of $5,000, and with the proposed consultant firm. Councilman Buchheim noted that CHNMB and Associates have been involved with the Downtown Study Area and should be qualified to prepare the proposal. Application for Funding: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to authorize staff to apply for Senate Bill 1879 funds for a multi -modal transportation facility. Councilman Thorpe advised that as a policy he will not vote for any consultant services until budgetary problems have been resolved. Expenditures of this nature should be curtailed in order to avoid possible consequent reductions in City employees. Councilman Hausdorfer concurred and suggested that the proposal -8- 7/5/78 be prepared by City staff. Councilman Schwartze noted that the proposal is an important project in order to maintain the current railway service and station; Councilman Buchheim concurred and noted that establishment of the station as a tourist stop is vital to the City's commercial activity. Mayor Friess expressed his confidence in the City's financial future. Approval of Agreement: It was move y ouncilman Schwartze and seconded by Councilman Buchheim to approve an agreement with CHNMB and Associates to prepare the proposal at a cost not to exceed $2,500, with authorization to be requested from Council for an additional $2,500, if necessary; the total expenditure not to exceed $5,000. The motion carried by the following vote: AYES: Councilman Schwartze, Buchheim and Mayor Friess NOES: Councilmen Hausdorfer and Thorpe ABSENT: None The Director of Administrative Services advised that Traffic Safety funds have been earmarked for the project and that General Fund monies would not be utilized. 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: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 1. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JUNE 26, 1978 (23) The Report of Actions taken by the Equestrian Commission at the meeting of June 26, 1978, is ordered received and filed. 2. REPORT OF PLANNING COMMISSION MEETINGS OF JUNE 20 AND 27, 1978 (67) The Report of Actions taken by the Planning Commission at the meetings of June 20 and 27, 1978, is ordered received and filed. 3. 1978 WEED ABATEMENT PROGRAM - ACCEPTANCE OF WORK AND NOTICE OF COMPLETION (74) The following Resolution is adopted: RESOLUTION NO. 78-7-5-4, COMPLETION OF WEED ABATEMENT IN THE CITY 0 SAN JUAN CAP I TR NO - A RESOLUTION OF THE CITY COUNCILF THE -CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO THE ABATEMENT OF WEEDS AND OTHER NOXIOUS AND PUBLIC NUISANCES IN THE CITY OF SAN JUAN CAPISTRANO The Resolution accepts the work performed by B. E. Taylor Company for the 1978 weed abatement program. Current payment status is as follows: -9- 7/5/78 465 Total projected cost $132554.26 Less 10% Retention 1,355.43 Less Progress Payment #1 4,062.33 Amount due this payment $ 8,136.50 Staff is authorized to make payment to B. E. Taylor Company in the amount due of $8,136.50; and, upon the expiration of 35 days from the date of recording the Notice of Completion, to make the final payment of $1,355.43. 4. TRABUCO CREEK SEWERLINE STORM DAMAGE - ACCEPTANCE OF WORK AND NOTICE OF CO L (80) The following Resolution is adopted: RESOLUTION NO. 78-7-5-5, COMPLETION OF STORM DAMIGE (TRABUCO CREEK LIINE) - A RESOLUT OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED FOR THE CONSTRUCTION OF THE STORM DAMAGE (TRABUCO CREEK SEWERLINE) The Resolution accepts the work performed by Cappello Construction Company for repair of storm damage to the Trabuco Creek Sewerline. Reimbursement of costs is anticipated from the Federal Disaster Assistance Agency. Current payment status is as follows: Total project costs $37,404.50 Less 10% retention 3,740.45 Previous progress payments 33,644.05 Total amount due $ 3,740.45 Staff is authorized to make payment to Cappello Construction Company in the total amount due of $3,740.45 upon the expiration of 35 days from the date of recording the Notice of Completion. APPROVAL OF WARRANTS (41) Following clarification, it was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried that the List of Demands dated July 5, 1978, Warrants Nos. 14488 through 14603, inclusive, and 1911 Act Warrant No. 0227, in the total amount of $247,879.37, be approved as submitted. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS OF JUNE , 8, IRD 15, 1978 (23) Mayor Friess noted that at their meeting of June 15, 1978, Commission Members had voted to forego their $25 monthly compensation to reduce the financial impact upon the City due to the passage of Proposition 13. Mayor Friess commented on the suggestion that other Commissions take similar action, noted the many hours Commissioners donate to the City, that it should be up to individual Commissioners to take any action they wish, and that it would not be appropriate for the Council to take specific action on this matter. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to receive and file the report. TREE REMOVAL REPORT - TRACT 9034 WILSHIRE DIVERSIFIED (85) Council received copies of a report dated July 5, 1978, from (74) the Director of Community Planning and Development advising -10- 7/5/78 that as Tree Inspector it is his intent to authorize the removal of 12 pine trees located within street right-of-way and building pad areas of Tract 9034. It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to confirm the decision of the Tree Inspector. APPROVAL OF FINAL MAP. TRACT 7654 (LOS CORRALES) (85) It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the Final Map for Tract 7654 subject to clarification of the function and use of the easement strip crossing San Juan Creek Road. The map is found consistent with the General Plan and in substantial compliance with the approved Tentative Map; the Subdivision Agreement is approved and the Mayor and City Clerk authorized to execute the Agreement on behalf of the City. APPROVAL OF FINAL MAP, TRACT 9284 KI (85) Following clarification that the proposed development will be a combination of developer -built homes and lot sales, it was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to approve the Final Map for Tract 9284 with the determination that the Map is consistent with the General Plan and in substantial compliance with the approved Tentative Map; the Subdivision Agreement is approved and the Mayor and City Clerk authorized to sign the Agreement on behalf of the City. APPROVAL OF FINAL MAP DIVISION OF LAND 77-5 CREBER (85) Consideration of this matter was continued to the meeting of July 19, 1978, at the request of the Assistant City Engineer. ADMINISTRATIVE ITEMS CITY MANAGER 1. REVIEW OF COMMISSION APPOINTMENTS (23) It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to re -affirm the appoint- ments of the current Commission and Board Member office holders with the exception of the Planning Commission. There was a consensus of the Council that review of the Planning Commission appointments be scheduled for the meeting of August 2, 1978. The City Manager advised that attendance records will be available in the near future. 2. DISSOLUTION OF VIA DE AGUA TRAFFIC STUDY COMMITTEE (87) It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried that the Via de Agua Traffic Study Committee be dissolved. 3. APPOINTMENTS TO ORANGE COUNTY AGENCIES (23) Councilman Thorpe noted that appointments have not been made of City representatives to the following County agencies: Housing Authority, Senior Citizens Advisory Committee, and Transportation Committee. Mr. Thorpe suggested that the vacancies be advertized; Mayor Friess suggested that Council Members present names of interested members of the community. -11- 7/5/78 .. _._.._._..__ 467 Councilman Schwartze left the Council Chamber at 9:54 P.M. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. SERRA PROJECT COMMITTEE NO. 2 - DOPTION OF BUIXiEf (PLANT OPERATIONS) (79) Proposal: pp—rovaL of the City share of the 1978-79 budget to provide for continued operations of the Treatment Plant in accordance with the regional discharge requirements, as submitted by SERRA for Project Committee No. 2. Written Communications: Report dated July 5, 1978, from the Director of Public Works. Approval of Budget: It was move y ouncilman Thorpe and seconded by Councilman Buchheim to approve the City share of the Project Committee No. 2 budget for SERRA in the amount of $163,478 and to authorize payment from the Sewer Enterprise Fund. Councilman Schwartze returned to the meeting at 9:59 P.M. 2. SERRA, PROJECT COMMITTEE NO. 7-A, AMENDMENT TO (79) Proposal: h� Council approved the Treatment Plant design modification agreement on June 7, 1978. The proposed amendment would allow member agencies to retain portions of monies required for construction in their own treasuries, with the necessary amounts transmitted monthly to SERRA, and thus accrue interest on the funds. Written Communications: Report dated July 5, 1978, from the Director of Public Works. Approval of Amendment: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to approve the Amendment to the Agreement for SERRA Project Committee No. 7-A and to authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. 3. REPORT OF CAPITAL PROJECTS (24) Council received copies of a report dated July 5, 1978, from the Director of Public Works forwarding a list of Capital Projects included in the proposed 5 -year budget, including the amount and type of budgeted funds. The Projects are listed in the following categories: Group 1 - City legally committed to project by contract. Group 2 - City committed to other agencies, a continuing project, or at design completion. Group 3 - Preliminary evaluation completed and/or a significant project. Group 4 - No commitment yet made to those projects that are within the five-year budget. -12- 7/5/78 46E Councilman Thorpe noted that many projects listed as parks and recreation fees are actually in -lieu fees. The City Manager recommended that General Fund Park and Recreation and Gas Tax Projects not be approved at this time with the exception of those already completed; staff would prepare a specific analysis of each project. The City Manager requested an opportunity to prepare an analysis of the Dance Hall project. Group 1: TF was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to authorize continuation of contracted projects and staff efforts for items listed in Group 1 with the exception of the Hot Springs Dance Hall. It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to delegate discretion on decisions on the Dance Hall to the City Manager. Groups 2 and 3: It was moved -5y Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to authorize continuance of staff work on Groups 2 and 3 with further specific recommendations to be returned to Council at a later date. Group 4: There was a consensus of the Council that no action be taken on Group 4 projects at this time. Parks and Recreation Facilities: Councilman Thorpe noted that any future expenditures for bicycle facilities should be carefully considered since the City's existing bike trail system is superior to that of cities of comparable size. Mr. Thorpe also suggested that the design of C. Russell Cook Park and other parks should be useful and functional rather than consisting of "first-class" facilities. Councilman Hausdorfer suggested that the City seek cooperation with the school district regarding recreational facilities such as the Little League and Bobby Sox fields. Mayor Friess suggested the City Manager set a meeting with School District representatives regarding joint use of facilities, with a committee meeting held beforehand. COMMISSIONS, BOARDS, COMMITTEES 1. APPOINTMENT TO ECONOMIC DEVELOPMENT COMMITTEE (23) It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried that Duane (Duke) Hallan, 28062 Calle San Remo, be appointed to fill the existing vacancy on the Economic Development Committee. COUNCIL REMARKS AND COMMITTEE REPORTS 1. ADOPTION OF NATIONAL ELECTRICAL CODE (32) Councilman Buchheim requested that provisions be included in the (55) future adoption of the Electrical Code to prohibit the use of aluminum wiring in residences. Councilman Schwartze advised that he would be submitting suggestions to staff for inclusion in the Code. 2. POLICY RE CITY MANAGER (32) Councilman Thorpe inquired into the Council policy regarding (33) evaluation of the City Manager. Mr. Mocalis advised that an evaluation is conducted once a year; Mayor Friess suggested that Council Members meet with Mr. Mocalis on an independent basis. -13- 7/5/78 K1, OVERLAPPING AGENCY SERVICES (32) Councilman Thorpe advised that he would submit a report in the early Fall regarding current overlapping of community services provided by the City, County and School District with suggestions for joint powers efforts. Mayor Friess suggested that the Public Facilities Committee would be an appropriate vehicle. 4. AIRPORT DIRECTIONAL SIGNS (25) Councilman Schwartze suggested that Airport advertising and directional signs be removed. 5. TRANSPORTATION - HELICOPTER SERVICE (88) Councilman Schwartze suggested that possible helicopter service to the City be coordinated with Bruce Winton and Jay Willcox as a means of stimulating economic development in the City. Mr. Schwartze will investigate the possibility of such service. 6. ORANGE COUNTY ECONOMIC COUNCIL (56) Councilman Schwartze advised that the Orange County Economic Council may make a presentation of their services during August. 7. TRAFFIC - PROPOSED STOP SIGN AND RELOCATION OF MEDIAN (87) It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried that the following items be referred to the Traffic and Transportation Commission for report: (1) Installation of a stop sign at the intersection of Via Madera and Via Cordova; and (2) Possible relocation of the center median on the Ortega Highway at Via Cordova. 8. PROPOSED RECONSIDERATION OF TRACT 9784 (MISBIN) (85) Councilman Schwartze requested that Council reconsider the June 21st approval of Tract 9784 and the impacts of the Route "D" extension at a Public Hearing with all persons involved given an opportunity to present new information. It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe to reconsider the item. Councilman Hausdorfer noted his concerns with the history of the development, the Planning Commission 2-1 approval, and the lack of information by current residents of the area; a future re -hearing of the matter would be appropriate. Councilman Thorpe questioned the legality of reconsideration; the City Attorney requested an opportunity to research the matter since it is a tentative tract. Councilman Buchheim cited the numbers of Public Hearings held on the proposal and stated he could not justify bringing back an issue after spending so much time in consideration of the matter. Mr. Buchheim also cited the costs involved in moving 3.5 million yards of dirt, and advised he would attend any meetings if the item were referred to staff or Commissions. Referral to City Attorney: At the suggestion of the City Manager and with the concurrence of the second, Councilman Hausdorfer withdrew the motion for reconsideration; there was a consensus of the Council that the City Attorney be directed to investigate the legality of reconsideration of the Tentative Tract and report his findings. -14- 7/5/78 9. MEETING ATTENDANCE (32) Mayor Friess and Councilman Schwartze advised they would be unable to attend the July 19th Council meeting. Councilman Buchheim will attend the July 20th Fifth Supervisorial District meeting. ADJOURNMENT ' There being no further business before the Council, the meeting was adjourned at 11:10 P.M., to the next regular meeting date of Wednesday, July 19, 1978, at 7:00 P.M., in the City Council Chamber. Respectfully submitted, GE�/ -MANY NN VR,ERK ATTEST: -15- 7/5/78