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87-0602_CC_Minutes_Regular Meeting305 JUNE 2, 1987 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 Bland at 7:05 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Homer Waisner, Ocean Hills Community Church. ROLL CALL PRESENT: Anthony L. Bland, Mayor Lawrence F. Buchheim, Mayor pro tem Kenneth E. Friess, Councilman Gary L. Hausdorfer, 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 May 19, 1987: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that the Minutes of the Regular Meeting of May 19, 1987, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None -1- 6/2/87 CONSENT CALENDAR It was moved by Councilman Schwartze, 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 Schwartze, Friess, Buchheim Hausdorfer, and Mayor Bland NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated May 21, 1987, Warrant Nos. 3,175-3,307, in the total amount of $160,233.87, was approved as submitted. 2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50) The City Treasurer's Report of Cash Fund Balances as of April 30, 1987, in the total amount of $171,775.14, was approved as submitted. 3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated June 2, 1987, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of May 18, 1987, was ordered received and filed. 4. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated May 27, 1987, from the Secretary of the Planning Commission, regarding actions taken at the meeting of May 26, 1987, was ordered received and filed. 5. COMPLETION OF SLURRY SEAL OF VARIOUS As set forth in the report dated June 2, 1987, from the Director of Public Works, the Slurry Seal of Various City Streets was completed. Acceptance of Work: The following Resolution was adopted: we, VVLVIC AIY I/ —!Y RLJVLV LLVIY VL LILA. tea• + •••� CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE SLURRY SEAL OF VARIOUS CITY STREETS (DOUG MARTIN CONTRACTING COMPANY, INC.) -2- 6/2/87 6. 8. 307 The Resolution accepted the work as complete in the amount of $58,107.41, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to make payment as indicated and to release the 10% retention, in the amount of $5,810.74, thirty-five days after recording the Notice of Completion. As set forth in the report dated June 2, 1987, from the Director of Public Works, the City Yard Paving/City Hall Parking Area project was completed. Acceptance of Work: The following Resolution was adopted: 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 CITY YARD PAVING (R. J. NOBLE COMPANY) The Resolution accepted the work as complete in the amount of $32,070.80, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to make payment as indicated and to release the 10% retention, in the amount of $3,207.08, thirty-five days after recording the Notice of Completion. CLAIM FOR INDEMNITY (LYNNE ELLEN GJERTSEN) (170.70) As set forth in the report dated June 2, 1987, from the City Attorney, the Claim for Indemnity filed on May 14, 1987, by Attorney Donald S. DiBella on behalf of Lynne Ellen Gjertsen, in conjunction with an August 20, 1986, automobile accident, was denied and forwarded to the City's Claims Adjuster, Carl Warren and Company. As set forth in the report dated June 2, 1987, from the Director of Community Planning and Development, the following Resolutions confirming Council's actions of May 19, 1987, were adopted: RESOLUTION NO. 87-6-2-3 EXCEPTION TO MUNICIPAL CODE SECTION 9-3.602 PARKING FACILITY DESIGN STANDARDS PRICE CLUB - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING EXCEPTION TO MUNICIPAL CODE SECTION 9- 3.602, "PARKING FACILITY DESIGN STANDARDS," TO REDUCE PARKING STALL WIDTH FROM 9-1/2 FEET TO 9 FEET (PRICE CLUB) -3- 6/2/87 JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING ARCHITECTURAL CONTROL 87-1 (GREAT WESTERN SAVINGS/PRICE CLUB) PUBLIC HEARINGS 1. VACATION OF ALLEYS OF TRACTS 7183 AND 7191 CAPISTRANO VILLAS NO. 1 (820.40 This item was continued from the meeting of April 7, 1987. Written Communications: Report dated June 2, 1987, from the Director of Public Works, advising that the slurry seal coating of the alleys was completed in May and vacation of the City's portion of the alleys was ready for completion. Public Heari Notice having been given as required by law, Mayor Bland opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Ordering Vacation of Alleys: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: JUAN CAPISTRANO, CALIFORNIA, ORDERING VACATION OF THE ALLEYS OF TRACTS 7183 AND 7191 (CAPISTRANO VILLAS #0 The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None The City Clerk was directed to forward a certified copy of the Resolution to the Orange County Recorder. 2. REOUEST FOR TIME EXTENSION FOR TENT Proposal Consideration of a request for a one-year time extension to May 15, 1988, for Tentative Tract 11753, a subdivision of approximately 71.3 acres into 38 estate lots. -4- 6/2/87 309 Applicant: Kevin Sheridan, Capistrano Partners, 27942 Suffolk Lane, San Juan Capistrano. Written Communications: Report dated June 2, 1987, from the Director of Community Planning and Development, recommending approval of the request. Exhibits were on display and the City Planner made an oral presentation, advising that residents of Phase I had expressed concern regarding access to the Phase II project. He cited an agreement with the Phase I Homeowners Association which required that Phase II homeowners pay their share of the maintenance costs for the roads and guard facilities. He further advised that the developer had acquired a temporary heavy construction easement across the Marbella property in order to avoid use of the Phase I streets by heavy equipment during construction of the Phase fI site. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded: (1) Kevin Sheridan, applicant, 7 South Encino Road, Laguna Beach, spoke in support of the request and cited the status of the project. He advised that a grading permit had been issued on May 8, 1987, and a substantial amount of mass excavation had been completed. He noted the securing of a temporary heavy construction easement from the Fairway Land Company (Marbella). (2) Josephine Lewis, 30871 Steeplechase, President of the Board of Directors of the Phase I Homeowners Association, noted the use of the access road, advised that a committee was being formed to insure the cooperation of the developer and builders, and suggested that Phase II CC&R's be comparable to Phase I CC&R's. (3) Diana Crandall, 30951 Steeplechase, cited problems with noticing of the current residents and concerns regarding liability. (4) Dave Argo, 30501 Goldenridge Lane, stated he had not received notice of the Hearing and advised that a bulldozer intended for use in Phase II had been delivered through the guard gate. (5) Diane Walling, 30151 Hillside Terrace, suggested that all lots in Phase II be zoned for equestrian use to eliminate any future problems and inquired whether the camelback on the equestrian trail would be flattened out. (6) Carol Fields, 30482 Goldenridge Lane, advised that water trucks had been using the street and hydrants and noted delivery of the bulldozer via Goldenridge Lane. (7) Caroline Argo, 30501 Goldenridge Lane, noted the presence of the water trucks and expressed concern regarding potential fire hazards. -5- 6/2/87 310 3. (8) Kevin Sheridan, applicant, stated he was unaware of heavy equipment using the streets and advised that water trucks had used Goldenridge Lane during construction of the water tank in Phase II. There being no further response, Mayor Bland closed the Hearing with the right to _ re -open at any time. Continuation of Hearing: Following discussion, it was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to continue the Hearing to the meeting of June 16, 1987. Staff was directed to provide additional notification and to meet with the developer and homeowners association to resolve access concerns. Due to a conflict of interest, Councilman Buchheim left the Chamber. Proposal: Consideration of a project which would provide for an 18 -hole golf course, a country club and associated recreation amenities, clustered high- and medium -density attached and single-family detached residential uses, 9.1 acres of business-related uses, a 7 -acre neighborhood commercial center, and a 4.6 -acre public institutional site on approximately 327 acres located east of the San Diego Freeway and north of Ortega Highway. Surrounding uses include custom lot residential communities to the east, north, and west; the Endevco office development to the west; and, the Honeyman Ranch Estate to the southeast. Approvals for the project included: (1) A general plan amendment to change the land use designation from 4.2 Agri -Business, 4.4 Office/Research, 1.3 Medium Low Density Residential with a Planning Community Overlay, to 2.1 Open Space Recreation, 2.0 General Open Space, 2.7 Recreation Commerical, 1.4 Medium Density Residential, and 1.6 High Density Residential; (2) A rezone of the property from Planned Community, Comprehensive Development Plan 79-1, allowing 215 residential units, 450,000 square feet of industrial/office, 15,000 square feet of commercial and the remaining acreage part of an active agricultural operation, to Planned Community, Comprehensive Development Plan 86-4; and, (3) A tentative tract map to subdivide approximately 327 acres into 227 numbered lots and 4 lettered lots. Applicant: The Fairway Land Company, 33971 Selva Road, Suite 200, Laguna Niguel, CA 92677, Attention John Brown. Written Communications: 1) Report dated June 2, 1987, from the Director of Community Planning and Development, forwarding background information, a staff analysis -6- 6/2/87 311 of the major issues, including circulation, landform alteration, tree preservation, and consistency with overall General Plan Policies. The report included: (a) Planning Commission Agenda Item dated May 12, 1987, regarding the Marbella Country Club; (b) The list of comments and responses on the Draft Environmental Impact Report; (c) Planning Commission Agenda Item dated May 12, 1987, regarding mitigation measures in the Marbella Environmental Impact Report; (d) Memorandum to Carolyn Nash, Planning Commissioner, from the City Planner, dated May 11, 1987, submitting comments to issues and questions; (e) Planning Commission Agenda Item dated April 14, 1987, regarding the Marbella Country Club; (2) A Comprehensive Development Plan for Marbella Golf and Country Club, prepared by The Keith Companies, and received on March 13, 1987. (3) Draft Environmental Impact Report for the Marbella Country Club, prepared by The Planning Center and dated December, 1986. (4) Memorandum dated June 2, 1987, forwarding revised pages for the June 2, 1987 staff report; (5) Plant Species List for the proposed Marbella Country Club site, received June 2, 1987, from Walton Wright; (6) Final Environmental Impact Report for the Marbella Country Club, State Clearinghouse Number 87010706, prepared by The Planning Center, dated May, 1987; and, (7) Appendix H, Final EIR Package. Exhibits were on display and the City Planner, discussed significant issues and staff's response to those issues. He discussed the conditions relating to review of revised grading plans; landscaping of Horno Creek to increase and enhance the habitat area; submittal of an arboculturalist report and modified grading to ensure tree preservation; implementation of a soils subsidence program and execution of a surety agreement to assure completion of the project; provision for community access and minimum maintenance of the golf course; and, required development review to assure that appropriate Boards and Commissions had an opportunity to affect the final design. With regard to circulation, he advised that although it was a general policy of the City to provide dual access for residential developments, opposition had been expressed to a street connection between the Marbella project and the Stoneridge neighborhood by both the applicant and Stoneridge residents; -7- 6/2/87 312 therefore, the required connection would be in the form of a public service easement to accommodate efficient movement of public service vehicles. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded: (1) John Brown, President of Fairway Land Company, 33971 Selva Road, Suite 200, Laguna Niguel, agreed with the issues raised by staff and advised that neither the tentative tract map nor the cut and fill map were intended to be the grading plan; that a mass grading plan would be submitted shortly. He advised that The Peridian Group had been hired to prepare an extensive landscape plan for the project which would provide more extensive and lush wildlife habitat for Horno Creek. He stated there was no specific disagreement with the conditions of approval, but proposed that an independent third party test the slopes to verify their safety, following which, the soils subsidence program might be considered to be waived. (2) Richard Wordes, Chairman of the Planning Commission, advised he was present to answer questions. (3) Michael Carlisle, 31051 Via Solana, spoke in support of the project based on its social implications and potential to strengthen shared values of the community. (4) Robert Foresman, 26902 Paseo Cardero, cited concerns regarding the grading on the project, particularly adjacent to his home. He requested that some form of protection for dust control or final clean-up of any impacts on his residence be included in any approvals. (5) Russell Burkett, 29520 Spotted Bull Lane, cited concerns regarding the amount of grading required to accommodate a championship golf course on the site; suggested a requirement for a Management Overlay for Horno Creek; and, stated concerns regarding preservation of trees. (6) Randall Seech, P. O. Box 1532, San Juan Capistrano, cited concern regarding preservation of the riparian habitat intact, and urged that it be left intact. (7) Walter Wright, 326 Redwood Avenue, Brea, stated that the biological assessment was marginal; stated that identification of some tree, plant and animal species was incorrect; stated that there was significant vegetation on the lower half of the creek that was not indicated in the EIR; stated there was no plan to address rehabilitation of the stream and conditions should specify what was expected for replacement. (8) Diane Walling, 30151 Hillside Terrace, advised that blue herons were nesting in the trees along the creek and stressed the need for tree preservation. -8- 6/2/87 313 (9) Marie Patterson, Capistrano Beach, representing the Audubon Society, stressed the importance of preserving the riparian habitat. (10) Bill Hodge, representing the Traffic and Transportation Commission, advised he was present to answer questions. (11) Bill Fields, 30482 Goldenridge Lane, was advised of the purpose for realigning and covering portions of Horno Creek. (12) John Brown, applicant, restated their concern for the natural environment and their commitment to re-establish and recreate the habitat of Horno Creek. There being no further response, Mayor Bland closed the Hearing with the right to re -open at any time. Council Discussion: Councilman Friess cited concern regarding the intensity of the grading in the vicinity of Malaspina and suggested development of dust control measures and inclusion of buffering adjacent to the Malaspina development. He suggested use of an overlay or management program for Horno Creek which would allow for City involvement in future creek conditions. He further suggested consideration of a monitoring process during relocation of Horno Creek to mitigate impacts on the various wildlife species in the area. Councilman Hausdorfer cited support for the project, stating that it provided a balance of open space and preservation and enhancement of the riparian life, and noting the low density, provisions for public access, and preservation of 70% of the trees. Mayor Bland advised that his concerns with the project regarding access, downstream impacts, and the development process had been addressed. Certification of Environmental Impact Report: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 87-6-2-6. FIN %LWnI1�1.UUIN L R I 1 JLUoj - n mzaJ JLV L 1UIN %Jr 1 r-ir- 1.11 I COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE ENVIRONMENTAL IMPACTS OF REZONE 86-4, GENERAL PLAN AMENDMENT 86-4, AND TENTATIVE TRACT 12954, AND CERTIFYING THE DRAFT ENVIRONMENTAL IMPACT REPORT (MARBELLA COUNTRY CLUB) The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Buchheim -9- 6/2/87 314 Approval of General Plan Amendment 86-4: It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following Resolution be adopted: G GENERAL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 86-4 (MARBELLA COUNTRY CLUB) The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Buchheim Approval of Rezone 86-4: 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 Friess, seconded by Councilman Hausdorfer that the following Ordinance be introduced: APPROVING REZONE 86-4 (MARBELLA COUNTRY CLUB) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZOING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NOS. 124-211-28,124-211-34, 650-111-07, 650-111-08, 650-111-09, 650-112-02, 650-002-03, 650-002-04, 650-151-23, 650-152-10, 650-161-03, 650-551-01, 650-552-01, 650-552-02, 650-541-02, 650-541-03, 650-541-04, 650-541-05 FROM PC CDP 79-1 (PLANNED COMMUNITY) TO PC CDP 86-4 (PLANNED COMMUNITY) (MARBELLA COUNTRY CLUB) The motion carried by the following vote:. AYES: Councilmen Schwartze, Friess, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Buchheim Approval of Tentative Tract 12954: It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following Resolution be adopted with inclusion of conditions relating to dust control and additional buffering adjacent to the Malaspina development; creation of language that prior to recordation of the final map, provision be made for a -10- 6/2/87 i i 315 Management Overlay for Horno Creek, including a monitoring process during relocation; and, as an option, a third party may perform soils subsidence tests to determine the necessity of the soils subsidence program: RESOLUTION NO. 87-6-2-8 APPROVING TENTATIVE TRACT MAP 12954 MARBELLA COUNTRY CLUB - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING TENTATIVE TRACT MAP 12954 (MARBELLA COUNTRY CLUB) The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Buchheim Councilman Buchheim returned to the Chamber and resumed his duties. RECESS AND RECONVENE Council recessed at 9:32 p.m., and reconvened at 9:38 p.m. Council recessed at 9:38 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:40 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. LOS ANGELES -SAN DIEGO (LOS -SAN) STATE RAIL CORRIDOR STUDY: Written Communications: Report dated June 2, 1987, from the Senior Administrative Assistant, forwarding the draft final report of the Rail Corridor Study. The report summarized the capital improvement program recommended in the Study and set forth three projects identified for San Juan Capistrano. The report advised that none of the projects were included in the City's 1986-91 Capital Improvement budget; if the projects were approved and seriously considered for future construction, negotiation of actual local financial participation and budgeting of funds would be necessary. The report recommended concept approval of the findings and recommendations of the Los -San State Rail Corridor Study. The Senior Administrative Assistant made an oral presentation and advised that the City had design -related concerns with the project and had been assured that those concerns would be addressed during the design phase. Concept Approval of Study Recommendations: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim to approve in concept the findings and recommendations of the Los -San State Rail -11- 6/2/87 316 Corridor Study and to adopt the following Resolution, as amended, to include a notation that the City had received assurances that certain concerns are to be addressed during the design phase: NO. 87-6-2-9. SUPPORTING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE LOS ANGELES -SAN DIEGO (LOSSAN) STATE RAIL CORRIDOR STUDY The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None 2. 1987-88 CITY BUDGET PROCESS (330.20) Written Communications: Report dated June 2, 1987, from the Assistant City Manager, forwarding a recommended 1987-88 Budget Process Schedule. Approval of Schedule: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the recommended review process as follows: June 9 - Adjourned Regular Meeting (Public Hearing/ Workshop) June 16 - Regular City Council Meeting (Continued Public Hearing) June 23 - Adjourned Regular Meeting (Continued Public Hearing/ Budget Adoption if ready) June 30 - Adjourned Regular Meeting (Continued Public Hearing/ Budget Adoption if not completed June 23) DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. FORMATION OF ECONOMIC DEVELOPMENT CORPORATION (470.15) Written Communications: Report dated June 2, 1987, from the Director of Community Planning and Development, recommending formation of the Economic Development corporation. The report advised that in order to form the corporation, retention of legal counsel would be necessary to act as the incorporator to file the necessary papers with the Secretary of State; formation costs were estimated at $6,000-$7,000. Formation of Economic Development Corporation: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to authorize the formation of an Economic Development Corporation. -12 6/2/87 31"7 DIRECTOR OF PUBLIC WORKS 1. AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SIGNAL MAINTENANCE (600.30 Written Communications: Report dated June 2, 1987, from the Director of Public Works, forwarding results of bids received for maintenance of the City's traffic signals. The report recommended approval of an agreement with the City's current contractor. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the Traffic Signal Maintenance agreement with Signal Maintenance, Inc., of Anaheim, in the amount of $5,232 per year. The agreement is effective for a one-year period, with automatic renewal for four one- year terms. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. COUNCILMANIC ITEMS ANNUAL REVIEW OF COMMISSION APPOINTMENTS (110.20) Written Communications: Report dated June 2, 1987, from the Senior Administrative Assistant, advising that the term of office for all Commission and Board appointments expires on June 30th of each year, pursuant to Municipal Code Section 202.102. The report forwarded a listing of current appointees to all Commissions and Boards. Continuation of Review: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to continue the item to the meeting of July 7, 1987. COUNCIL REMARKS 1. DEVELOPMENT FEES (420.20) Councilman Friess requested an evaluation of the BIA's contention that the City had the highest fees in the County. Councilman Hausdorfer noted an editorial in the Los Angeles Times regarding development fees. 2. FARMER'S MARKET (460.70) Councilman Hausdorfer noted a letter from Jean LaBurn requesting a fee waiver for a weekly Farmer's Market in the Ortega Properties and requested review of the concept. 3. ALCOHOLIC BEVERAGE/GASOLINE SALES (585.20) Councilman Buchheim noted a flyer from Mary Rose Winkler in opposition to proposed legislation and suggested a response to Mrs. Winkler for her efforts. -13- 6/2/87 318 4. TRAFFIC AND Mayor Bland noted receipt of a letter of resignation from Ed Nelson and advised it will be scheduled for a future agenda. 5. OAKS CLASSIC EQUESTRIAN EVENT (930.40) Mayor Bland requested that a letter of appreciation be forwarded to Joan Irvine Smith. It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approach Mrs. Smith with the concept of a City -sponsored trophy for the event. CLOSED SESSION Council recessed to a Closed Session at 9:57 p.m., for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 10:34 p.m. COUNCIL ACTIONS CAPISTRANO VILLAS LAWSUIT (640.30) It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to authorize the City Attorney to file suit. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:35 p.m., to the next meeting date of Tuesday, June 9, 1987, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, ffA- 1051,151wealwAl 1Z ATTEST: -14 6/2/87