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86-0819_CC_Minutes_Regular MeetingAUGUST 19, 1986 051 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 7:07 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul Martin, Mission San Juan Capistrano. ROLL CALL PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; Robert G. Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; Thomas L. Baker, Director of Community Services; Cheryl Johnson, Recording Secretary. MINUTES Regular Meeting of August 5, 1986: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, that the Minutes of the Regular Meeting of August 5, 1986, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Hausdorfer NOES: None ABSTAIN: Mayor Friess ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Bland, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None -1- 8/19/86 052, ORAL COMMUNICATIONS 1. LEFT TURN PROHIBITION - AVENIDA PEDF The following persons addressed Council in opposition to the proposal to prohibit left turns into and out of Avenida Pedregal at its intersection with Del Obispo Street, and advised that striping of the street had commenced prior to Council approval: (1) Dan O'Hannon, Harbor Lane Homes; (2) Tom Barnes, 25635 Calle La Fuente; (3) Maureen Call, 25641 Calle La Fuente. The item was scheduled for Council consideration later on the Agenda. 2. CONDOLENCES - HOWARD JARVIS (610.25) Russell Burkett, 29520 Spotted Bull Lane, extolled the accomplishments of Howard Jarvis, who recently passed away. Mr. Jarvis was noted for his leading role in the tax reduction movement. CONSENT CALENDAR It was moved by Councilman Hausdorfer, 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 Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (202.2) The List of Demands dated July 30, 1986, Warrant Nos. 162 through 330, in the total amount of $238,650.13, was approved as submitted. _ 2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1) The City Treasurer's Report of Investments as of July 31, 1986, in the total amount of $10,265,760.67, was approved as submitted. -2- 8/19/86 053 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (206.12) The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as of July 31, 1986, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20) The City Treasurer's Report of Fund Cash Balances as of June 30, 1986, in the total adjusted amount of $193,586.53, was approved as submitted. 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4) The Report dated August 19, 1986, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of August 11, 1986, was ordered received and filed. 6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS 7. The Report dated August 19, 1986, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of July 9 and 23, 1986, was ordered received and filed. As set forth in the report dated August 19, 1986, from the Director of Public Works, Tract Map 12736 was approved with the determination that the Map was in compliance with the General Plan and the approved Tentative Map. The Mayor and City Clerk were authorized to execute the Improvement Agreement on behalf of the City; the City Clerk was directed to forward the Agreement to the Orange County Recorder's Office. 8. FINAL MAP, TRACT 1 As set forth in the report dated August 19, 1986, from the Director of Public Works, Tract Map 12737 was approved with the determination that the Map was in compliance with the General Plan and the approved Tentative Map. The Mayor and City Clerk were authorized to execute the Improvement Agreement on behalf of the City; the City Clerk was directed to forward the Agreement to the Orange County Recorder's Office. -3- 8/19/86 054 9. As set forth in the report dated August 19, 1986, from the Director of Public Works, Tract Map 12738 was approved with the determination that the Map was in compliance with the General Plan and the approved Tentative Map. The Mayor and City Clerk were authorized to execute the Improvement Agreement on behalf of the City; the City Clerk was directed to forward the Agreement to the Orange County Recorder's Office. 10. FINAL MAP As set forth in the report dated August 19, 1986, from the Director of Public Works, Tract Map 12739 was approved with the determination that the Map was in compliance with the General Plan and the approved Tentative Map. The Mayor and City Clerk were authorized to execute the Improvement Agreement on behalf of the City; the City Clerk was directed to forward the Agreement to the Orange County Recorder's Office. 11. FINAL MAP, TRACT 12740 (GLENFED As set forth in the report dated August 19, 1986, from the Director of Public Works, Tract Map 12740 was approved with the determination that the Map was in compliance with the General Plan and the approved Tentative Map. The Mayor and City Clerk were authorized to execute the Improvement Agreement on behalf of the City; the City Clerk was directed to forward the Agreement to the Orange County Recorder's Office. 12. PLANS, SPECIFICATIONS AND CALL FOR BIDS - MISSION HILLS SLURRY SEAL PROJECT (600.30/820.20) As set forth in the report dated August 19, 1986, from the Director of Public Works, the plans and specifications were approved for the slurry seal of Mission Hills Drive, Lariat Circle, Canyon Crest Road, Outpost Road, Silver Spur Road and Branding Iron Road; and, staff was authorized to call _ for bids. The Engineer's estimate for the project was $12,000; funds were budgeted in Account No. 12-6900-4710-119. 13. AWARD OF CONTRACT - DEL OBISPO STREET PEDESTRIAN SAFETY PROJECT (GILLESPIE) (600.30 912.41) The contract for the Del Obispo Street Pedestrian Safety Project, including parkway landscaping, was awarded to the -4- 8/19/86 055 low bidder, Gillespie Construction, Inc., of Costa Mesa, in the amount of $207,782.50, as set forth in the report dated August 19, 1986, from the Director of Public Works. All other bids were rejected. The Mayor and City Clerk were authorized to execute the document on behalf of the City. 14. ANNUAL CAPITAL IMPROVEMENT PROJECT REPORT FOR FISCAL YEAR 1985-86 (330.40) The report dated August 19 Public Works, summarizing projects for the City, the and the Sewer Fund during received and filed. , 1986, from the Director of the activity of the capital Community Redevelopment Agency the past year, was ordered REPORT OF PLANNING COMMISSION ACTIONS (140.4) This item was removed from the Consent Calendar at the request of Mayor Friess to discuss conditions on the property formerly occupied by the Sea Otter Swim School. Mayor Friess advised that the property had come under foreclosure proceedings and was in a hazardous condition. He suggested that the proposal to convert the building to an office use may not be compatible with the adjacent residential uses. Following discussion, it was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to direct staff to investigate the site to determine what can be done to mitigate hazardous conditions, citing the property if necessary. Two members of the City Council, and representatives of the Planning Commission and City staff will meet to review and make recommendations regarding appropriate future use of the property. It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to receive and file the report dated August 19, 1986, from the Director of Community Planning and Development, regarding actions taken by the Planning Commission at their meeting of August 12, 1986. PUBLIC HEARINGS 1. APPEAL OF ZONING ADMINISTRATOR ACTION - ZONE VARIANCE 86-9 BRAITHWAITE) (323.2) This Public Hearing was continued from the meeting of August 5, 1986. Written Communications: (1) Report dated August 5, 1986, and resubmitted August 19, 1986, from the Director of Community Planning and Development, recommending denial of the appeal of the Zoning Administrator's decision to deny a request to -5- 8/19/86 056 allow a previously -built open patio cover to encroach 10 feet into the minimum 10 -foot side -yard setback. (2) Letter dated August 14, 1986, from Charles G. McCollum, 33761 Valle Road, San Juan Capistrano, stating opposition to the proposed variance. (3) Letter dated August 14, 1986, from Stephen M. Rios, Attorney at Law, 31781 Los Rios Street, stating concurrence with the request for a continuance made by Mr. McClung, Attorney at Law, representing Dr. Dyer. (4) Letter dated August 15, 1986, from Charles E. McClung, Attorney at Law, Fleming, Anderson, McClung & Finch, 24012 Calle de la Plata, Suite 330, Laguna Hills, California, 92653, requesting a continuance of the item to the meeting of September 2, 1986. Public Hearing: Notice having been given as required opened the Public Hearing and, there closed the Hearing with the right to by law, Mayor Fries=_ being no response, re -open at any time. Hearing Continued to September 2, 1986: With the concurrence of Council, Mayor Friess directed that the item be continued to the meeting of September 2, 1986. 2. SECOND EXTENSION OF TIME - TENTATIVE TRACT 11587 AND This Public Hearing was continued from the meeting of April 15, 1986. Written Communications: Report dated August 19, 1986, from the Director of Community Planning and Development, recommending the item be continued to allow the City's consultant to complete preliminary evaluation of the test findings for toxic substances and identification of closure procedures for the sanitary landfill. The report further advised that the Meredith Canyon Homeowners' Association requested incorporation of a separate condition on Tentative Tract 11832 to establish a mechanism for protecting views; that any additional conditioning of the tentative tracts would require the consent of the property owner. Public Hearing: Notice having been given as required opened the Public Hearing and, there closed the Hearing with the right to by law, Mayor Friess being no response, re -open at any time. Hearing Continued to September 19, 1986: With the concurrence of Council, Mayor Friess directed that the item be continued to the meeting of September 16, 1986. 8/19/86 057 3. WEED ABATEMENT CHARGES (610.1) Proposal: Hearing held in compliance with City Ordinance No. 348, to allow all affected parties to comment regarding the weed abatement program and assessment charges. Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated August 19, 1986, from the Director of Public Works, forwarding the charges for the City's Weed Abatement Program for Council confirmation. The report advised that the contractual costs of the program to date were approximately $37,000. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Confirming Cost Report for 1986 Weed Abatement: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 86-8-19-1. CONFIRMING 1986 WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 1986 WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer and Mayor Friess NOES: None ABSENT: None Staff was directed to forward a copy of the "City of San Juan Capistrano, Weed Abatement - 1986" report to the County Auditor -Controller for inclusion on the County tax roll. RECESS AND RECONVENE Council recessed at 7:31 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:33 p.m. -7- 8/19/86 0 5K ADMINISTRATIVE ITEMS DIRECTOR OF ADMINISTRATIVE SERVICES CABLE TELEVISION TECHNICAL SURVEY RESULTS (1000.60) Written Communications: Report dated August 19, 1986, from the Director of Administrative Services, forwarding the report of CommuniCable Consultants Group, entitled "Executive Report, Cable System Reinspection," and a summary of the test results provided by Times Mirror. CommuniCable Consultants recommended that Times Mirror formalize a plan to address the following issues: (1) Headend - Locate and correct remaining picture distortions within a time frame of 30 days. (2) Emergency Override - Reconnect equipment at Saddleback College headend or at San Juan hubsite within a time frame of 30 days. (3) Sweep Balance - Entire system to every end -of -line should be balanced and all defective elements replaced within a time frame of 60 days. (4) Signal Leakage Inspection - Perform on entire system and correct all leakage problems affecting picture quality within a time frame of 60 days; on-going inspection should continue thereafter. The Director of Administrative Services made an oral report, stating that Times Mirror had demonstrated a good faith effort in maintaining the action plan approved July 15th. He introduced Rich Anderson, the new General Manager of Times Mirror Cable Television. Request to Develop Action Plan: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to request that Times Mirror develop an action plan for presentation to City staff which carries out the recommendations of CommuniCable Consultants. Staff was directed to continue monitoring the cable television technical standards as established by City Council on July 15, 1986. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. INITIATION OF GENERAL PLAN AMENDMENT 86-4A (OSO RANCH MYRON SMITH) (440.25) Proposal: Request for initiation of a General Plan Amendment on 19.1 acres of the Oso Ranch property located generally at the -8- 8/19/86 059 northwest corner of Camino Capistrano and Oso Road just west of the Atchison, Topeka and Santa Fe Railway. The requested amendment would change the designation from Medium Residential (1.4) and General Open Space (2.0) to a Planned Community Designation allowing for the construction of a mini -storage facility and tennis academy. Applicant: Myron Smith, Partner, Oso Ranch Company, P. O. Box 936, San Juan Capistrano, 92693. Written Communications: Report dated August 19, 1986, from the Director of Community Planning and Development, recommending consideration of a change in land use designation from Medium Residential (1.4) and General Open Space (2.0) to Special Study (SS). Susan Tebo, Associate Planner, made an oral presentation; the Director of Community Planning and Development requested that the Planning Commission be allowed to recommend whatever designation they felt was appropriate for the site. Initiation of General Plan It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer to initiate consideration of a General Plan Amendment for a 19.1 -acre portion of the Oso Ranch Company for a change in land use designation from Medium Residential (1.4) and General Open Space (2.0) to Special Study (SS), noting that such initiation in no way implies an intention to either approve or deny the request. lood Mayor Friess suggested that it might be appropriate to study methods of alleviating flood control problems in the area; Councilman Bland suggested that Homeowner Associations in the area be notified of the item when it comes to a public hearing. With the concurrence of the second, Councilman Buchheim amended the motion to include consideration of flood control problems in the area; to direct that Homeowner Associations in the vicinity receive notification of the Public Hearing; that larger signs be posted; and, that at the appropriate time the mail list and proposed signage be approved by Council. A proposed scope of work and cost analysis for the flood control matter is to be submitted for Council review within 60 to 90 days. The motion carried unanimously. 2. APPEAL OF TREE INSPECTOR'S DECISION TO DENY TREE REMOVALS (CAPISTRANO VILLAS NO. 3) (410.80) Written Communications: (1) Report dated August 19, 1986, from the Director of Community Planning and Development, advising that the -9- 8/19/86 1�1 Capistrano Villas No. 3 Homeowner's Association had appealed the Tree Inspector's decision to deny a request to remove 84 trees. The report advised that inspection of the trees revealed that in only three cases could trees be justifiably removed and replaced. The report further advised that the buffering effect provided by the trees was part of the development approval, and the request did not meet the criteria for issuance of a tree removal permit per Section 9-2.308 of the Municipal Code. (2) Letter dated August 18, 1986, from Jean Ambrose, Account Administrator, Concord Management Corporation, P. O. Box 3936, Laguna Hills, 92654, requesting the item be rescheduled to September 16, 1986. Continuation of Appeal: With the concurrence of Council, Mayor Friess directed that the matter be continued to the meeting of September 16, 1986. 3. AGREEMENT TO ALLOW 4 MODULAR UNITS (OCEAN HILLS COMMUNITY CHURCH) (600.30) Written Communications: Report dated August 19, 1986, from the Director of Community Planning and Development, advising that site plan modifications to Architectural Control 81-1, to allow placement of four temporary trailers concurrent with expansion of a permanent education facility at the Ocean Hills Community Church, had been approved by the Planning Commission on February 25, 1986. On August 12, 1986, the Commission reviewed plans for an expansion larger than that previously approved; the enlarged facility did not receive approval and would require a new architectural control application. The applicant requested that the four temporary units be allowed on the site while the application was being processed. The units would be used primarily for Sunday School purposes. t for Placement of Temporary Modular Trailers: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to direct the City Attorney to prepare an agreement for City Council execution to allow four temporary modular units on the Ocean Hills Community Church site, subject to the following schedule as recommended by the Planning Commission: (1) Revised master plan shall be resubmitted to the Planning Commission as a worksession item within 3 months of execution of the agreement; (2) Formal submittal for the Phase II educational facility within 6 months of execution of agreement; -10- 8/19/86 4. 061 (3) Final working drawings (construction plans) - submittal within 12 months of execution of agreement; (4) Building plans and permits issued within 15 months of date of execution of agreement; and, (5) Modulars will be moved within 30 days of Certificate of Occupancy for the education facility. MODIFICATION TO ARCHITECTURAL CONTROL 85-3 (SAN JUAN CORPORATE PLAZA) (328.2 Proposal: Consideration of an Architectural Control application to construct a multi-level office structure of 32,127 square feet on 3.54 acres located adjacent to the San Diego Freeway at the eastern terminus of Junipero Serra Road and Rancho Viejo Road. The project includes a subterranean parking facility. Council denied a previous application on July 15, 1986, and provided directions for any future submittals. Applicant/Property Owner: Republic Commercial Company, 22952 Alcalde Drive, Suite 140, Laguna Hills, 92653. Written Communications: (1) Report dated August 19, 1986, from the Director of Community Planning and Development, summarizing the revised plans and setting forth their conformity with Council direction of July 15, 1986. The report forwarded the Planning Commission recommendation of approval. (2) Letter dated August 18, 1986, from Robert R. Foresman, representing Malaspina Estates, 26902 Paseo Cardero, and Albert J. Baumgartner, representing Mission Hills Estates, 26852 Canyon Crest, requesting additional conditions be placed to reduce the square footage of the building to no more than 29,400, and to lower the height of the building by lowering the subterranean parking. Exhibits were on display and Susan Tebo, Associate Planner, made an oral report, reviewing Council actions and directions of July 15, 1986, and advising that the applicant had met all directives. She discussed the proposed grading plan and the landscaping which would screen and buffer the retaining wall. She discussed the exhibit prepared by staff in response to the letter from Mr. Foresman and Mr. Baumgartner, advising that it would screen from view the bottom -most window in the subterranean parking area. She stated that the landscape screening and creation of a berm extending directly to the wall would mitigate their concern -11- 8/19/85 062 regarding the appearance of a three-story building. She advised that the applicant had agreed to the proposal as presented by staff. In response to Council, Ms. Tebo clarified that the berm height had been increased rather than the building lowered. Councilman Hausdorfer clarified that his July 15th suggestion to reduce the density had not specifically stated the necessity to conform to the _ 29,400 -square -foot Plan C alternate. Robert Foresman, 26902 Paseo Cardero, stated that Plan C as presented on July 15th, was an indication that the developer could live with the reduced square footage and that Council should consider it a maximum; that their concern regarding the massiveness of the building would be mitigated by reducing the square footage and physically lowering the building. Walter Gaynor, applicant, Republic Commercial Company, 22952 Alcalde Drive, Suite 140, Laguna Hills, 92653, stated that the present proposal of 32,127 square feet was 16.5 percent less dense than the previous proposal; that the footprint covered only 18.3 percent of the entire site and was slightly smaller than that of Alternate Study C. He further advised that the alternate plans exhibited on July 15th had been prepared at the suggestion of the City for possible mitigation of the cost of improving Rancho Viejo Road; that none of the studies mitigated the high cost of the road improvements. Elmer Christiansen, project engineer, presented and discussed an exhibit prepared to meet the concerns expressed by Mr. Foresman. The exhibit depicted the top of the building 19 feet lower than originally shown; the retaining wall was virtually hidden behind the building; and, the floor of the garage was at grade level; i.e., approximately 3 feet higher than Junipero Serra and Rancho Viejo Roads. Tom Tomlinson, City Planner, reiterated that the exhibit prepared by staff represented the staff recommendation to the Planning Commission to change the bottom grade from 3:1 to 2:1. He advised that the applicant had agreed to the proposal. In response to Council, Mr. Tomlinson stated that lowering the parking area below street level would require lowering of the parking area behind the building and would affect the height of the retaining wall. Jack Selmon , project architect, stated that further lowering of the building would require a raising of the retaining wall; that eventually construction of a retaining wall would be impractical and a cribwall situation would develop. He noted that construction and flooding problems would also be encountered if the building were lowered below street level. He further stated that reducing the density to 29,400 square feet would not change the basic footprint and mass of the building. -12- 8/19/86 1. Vincent Eacona, 31901 Silver Spur, President of the Mission Hills Ranch Homeowners Association, stated concern with the appearance of a three-story building and a desire for a lower density and compatibility with the approved Health Park project. He stated a two-story appearance was acceptable. Russell Burkett, 29520 Spotted Bull Lane, discussed visual differences between the original submittal and the present submittal. He suggested that the developers of this project and of the Health Park project work together to implement road improvements simultaneously. Mr. Gaynor advised he would be willing to work with the adjacent developer on road improvements. Following discussion, there was a Council consensus that the road improvement linkage be studied; however, there was no intent to commit the City financially. Councilman Bland initiated discussion regarding reducing the density to 29,400 square feet. Approval of Architectural Control 85-3: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted with a modification to require berming per the exhibit prepared by staff and presented to Council at the meeting of August 19, 1986, entitled "San Juan Corporate Plaza Exhibit reflecting changes recommended by Planning Commission Condition No. 3": APPROVING ARCHITECTURAL CONTROL 85-3. JUNIPERO SERRA PARTNERSHIP (SAN JUAN CORPORATE PLAZA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING MODIFICATION TO ARCHITECTURAL CONTROL 85-3, A PROPOSAL TO CONSTRUCT A 32,127 -SQUARE -FOOT OFFICE COMPLEX LOCATED AT THE INTERSECTION OF JUNIPERO SERRA ROAD AND RANCHO VIEJO ROAD (SAN JUAN CORPORATE PLAZA) The motion carried by the following vote: AYES: Councilmen Schwartze, Buchheim, and Hausdorfer NOES: Councilman Bland and Mayor Friess ABSENT: None Written Communications: Report dated August 19, 1986, from the Director of Public Works, setting forth four recommendations made by the -13- 8/19/86 i •� Traffic and Transportation Commission regarding southbound left turn movements from Del Obispo Street onto Avenida Pedregal. The report advised that staff supported the Commission's June 11, 1986, recommendation to take appropriate action to prohibit left turns into and out of Avenida Pedregal on a temporary basis until the westerly widening project on Del Obispo Street was implemented. Plans and signs had been prepared and necessary construction materials ordered to implement left turn restrictions on August 27th; Council was requested to concur with implementation of the restrictions. Exhibits were on display and the Director of Public Works made an oral report, noting that the Traffic and Transportation Commission had conducted meetings to study alternative solutions in response to letters and petitions received from residents of the Harbor Lane tract. He advised that special signage had been prepared to indicate that the prohibition would be implemented on August 27th; that striping should not have taken place prior to Council approval. He advised that persons who had expressed interest at the Traffic Commission level, the Harbor Lane Homeowners Association, and residents of the Troy Homes had been notified of the proposal. Mayor Friess stressed that the intent was that the prohibition would be a temporary measure; that the striping that had taken place would be corrected. Public Input: (1) Larry Culbertson, 32882 Avenida Del Rosal, discussed his understanding of the Traffic Commission actions and recommendations. He stated opposition to the prohibition, noting its inconvenience, and expressed concern regarding increased traffic in the adjacent community and in front of the schools on Camino del Avion. He stated support for the staff recommendation to the Commission on November 13, 1985, to reduce southbound Del Obispo to one lane in order to provide a left turn pocket at Avenida Pedregal. (2) Stan Fryer, 25685 Via Del Rey, advised that the intersection was in a state of disrepair. Continuation of Item: _ It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to continue the item to allow for a re -analysis by staff and re -submittal to Council in October. Staff was directed to include on the notification list the names of persons who addressed Council and the Homeowner Association President. -14- 8/19/86 665 2. CHANGE ORDER NO. 3, VEREDA BIKEWAY - LA NOVIA TO VIA SOLANA (HUSBY CONSTRUCTION) (704.5) Written Communications: Report dated August 19, 1986, from the Director of Public Works, forwarding Change Order No. 3, for additional fill and soil sterilent spraying, and a decrease in the amount of asphalt concrete and traffic guards previously estimated. The Change Order consisted of an increase of $10,415.30 in extra work and a reduction of $2,022.85 for deleted items, resulting in a net change of $8,392.45. The final contract cost was $107,778.45. Approval of Change Order No. 3: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve Change Order No. 3, in the amount of $8,392.45, for the Vereda Bikeway - La Novia to Via Solana project. 3. COMPLETION OF VEREDA BIKEWAY - LA NOVIA TO VIA SOLANA (HUSBY CONSTRUCTION) (704.5) Written Communications: Report dated August 19, 1986, from the Director of Public Works, advising that work on the Vereda Bikeway from La Novia to Via Solana had been completed. Acceptance of Work: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: -19-3, COMPLETION OF THE VEREDA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE VEREDA BIKEWAY, LA NOVIA TO VIA SOLANA (HUSBY CONSTRUCTION COMPANY) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer and Mayor Friess NOES: None ABSENT: None The Resolution accepted the work as complete in the amount of $107,778.45, and directed the City Clerk to forward a Notice of Completion to the County Recorder. -15- 8/19/86 Payment status was as follows: Total Cost $107,778.45 Less 108 Retention 10,777.85 Less Previous Payment 48,150.00 Amount Due 48,850.60 Staff was authorized to make payment as indicated and to release the 108 retention 35 days after recording of the Notice of Completion. ORDINANCES ORDINANCE APPROVING REZONE 85-5 Written Communications: Report dated August 19, 1986, from the City Clerk, advising that the Ordinance was re -introduced as amended at the meeting of August 5, 1986, and was scheduled for adoption. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Ordinance be adopted: ORDINANCE NO. 581, REZONE 85-5 (NU -WEST, INC.) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 525 BY APPROVING THE ZONING OF ASSESSOR'S PARCELS NOS. 650-011-18 AND 650-011-26 FROM PD (PLANNED DEVELOPMENT) TO PD (SDP 86-2) (PLANNED DEVELOPMENT, SPECIFIC DEVELOPMENT PLAN 86-2) (NU -WEST, INC.) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer and Mayor Friess NOES: None ABSENT: None 2. ADOPTION OF ORDINANCE APPROVING REDEVELOPMENT PLAN AMENDMENT 86-1 (ADOPTION URGENCY) (152) Written Communications: Report dated August 19, 1986, from the City Clerk, advising that the following Ordinance was introduced at the meeting of August 5, 1986, and was scheduled for adoption. -16- 8/19/86 Adoption of Ordinance: The City Attorney read order. Further reading earlier in the meeting. Schwartze, seconded by following Ordinance be 067 the title of the Ordinance next in of all Ordinances had been waived It was moved by Councilman Councilman Buchheim that the adopted: ORDINANCE NO. 582, ADOPTING REDEVELOPMENT PLAN AMENDMENT 86-1 - SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING REDEVELOPMENT PLAN AMENDMENT 86-1 TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer and Mayor Friess NOES: None ABSENT: None The following Ordinance was submitted as an urgency measure necessary to preserve the public peace, health or safety, by assuring the applicability of the 1986-87 tax year as the base roll for the Added Area, and thereby to promote the availability of tax increment revenue in an amount greater than would otherwise be available to accomplish the public purposes of the Project and Amendment 86-1. Adoption of Urgency Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinance had been waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Ordinance be adopted: N] 7 Ill PLAN tUIM1VUM N.y 00-1 - 01IN JUti1V I ftr1a1'I(ANU UZV" A&U REDEVELOPMENT PROJECT (URGENCY) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING REDEVELOPMENT PLAN AMENDMENT 86-1 TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT (URGENCY) -17- 8/19/86 1 •: The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer and Mayor Friess NOES: None ABSENT: None 3. APPROVING AMENDMENT TO TITLE 9, CHAPTERS 2 AND 3 OF THE Written Communications: Report dated August 19, 1986, from the City Clerk, advising that the Ordinance was introduced at the meeting of August 19, 1986, and was scheduled for adoption. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the following Ordinance be adopted: ORDINANCE NO. 584, APPROVING AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - DISH ANTENNAE REGULATION - LLV VLY1111Y A1Y 1. LL VL' 1LLL V1 VL' JAL, V 11 \..11L 1JLLYCIIYV, CALIFORNIA, AMENDING SECTION 9-3.609 OF ARTICLE 6, "SUPPLEMENTARY DISTRICT REGULATIONS," OF CHAPTER 3, "ZONING," OF TITLE 9, "LAND USE," OF THE MUNICIPAL CODE RELATING TO ANTENNAE REGULATION The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer and Mayor Friess NOES: None ABSENT: None COUNCILMANIC ITEMS 1. APPOINTMENT OF VOTING DELEGATE AND ALTERNATE - Written Communications: Report dated August 19, 1986, from the City Clerk, advising that the Annual Conference will be held October 19, 1986, through October 22, 1986, in Los Angeles. The General Business Session was scheduled for Tuesday, October 21, 1986, at 2:00 p.m., and it was necessary to designate a Voting Delegate and an Alternate Delegate to represent the City. -18- 8/19/86 Appointment of Voting Delegate: 0 v v Councilman Bland nominated Councilman Schwartze. There being no further nominations, nominations were closed and it was moved by Councilman Bland, seconded by Councilman Hausdorfer and unanimously carried to appoint Councilman Schwartze to represent the City as the Voting Delegate. Appointment of Alternate Delegate: Councilman Bland nominated Mayor Friess. There being no further nominations, nominations were closed and it was moved by Councilman Bland, seconded by Councilman Hausdorfer and unanimously carried to appoint Mayor Friess to represent the City as the Alternate Delegate. COUNCIL REMARKS 1. LEAGUE OF CALIFORNIA CITIES CONFERENCE (140.20) Councilman Schwartze noted a request from the League of California Cities for a poster dealing with the City for inclusion in an end -of -conference display. THere was a consensus of Council that staff prepare several selections for Council review. 2. PARK FUNDS (1199R) (660.40) There was a consensus of Council that a letter be prepared for the Mayor's signature supporting Federal Bill 1199R for forwarding to the Conference Committee on Water REsources and to Senator Wilson. YEAR-END FISCAL REPORT (330.50 Councilman Bland noted that the 12 -month financial report indicated that the City ended the fiscal year with a positive balance. 4. BATHGATE RANCH/KAISER DEVELOPMENT (440.25) Mayor Friess initiated discussion regarding a request from Kaiser Development for a meeting on August 22, 1986, to discuss the amount of density the City would support. There was a consensus of Council that prior to such a meeting, a determination be made regarding the level of development which would be acceptable to the community. SPHERE OF INFLUENCE (620.20) Mayor Friess noted an August 12th memorandum regarding the City's sphere of influence and the Dana Point area. The City Manager advised that the area included the Thunderbird homes, Dana Knolls and Sea Knolls and was served by the Capistrano Valley Water District. Staff was directed to contact residents of the area prior to initiation of any action. -19- 070 6 GOAL SETTING (610.70) Mayor Friess noted a Council goal -setting session scheduled in September. 7. EARLY CALIFORNIA REFLECTIONS (LIBRARY GRANT FUND PROJEC (950.30) Mayor Friess noted that the exhibits and lectures would begin on August 29th and would continue through October 13th. 8. LACOUAGUE PROPERTY (420.40) There was a consensus of Council to direct staff to work with the developer and prepare a report regarding acquisition of certain Open Space easements in fee in the ARea C hillside and along San Juan Creek. 9. SISTER CITIES (140.50) Councilman Schwartze advised that a meeting had been scheduled for August 22, with the Argentine Consul regarding reciprocal visits. CLOSED SESSION Council recessed to a Closed Session at 9:22 p.m., for discussion of personnel, the City Clerk being excused therefrom, and reconvened at 10:06 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:06 p.m., to the next regular meeting date of Tuesday, September 2, 1986, at 7:00 p.m., in the City Council Chamber. ATTEST: KENNETH E. FRIESS, MAYOR Respectfully submitted, MARY ANN 7NOVER, 9CITY CLERK -20- 8/19/86