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87-0707_CC_Minutes_Regular Meeting347 JULY 7, 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 7:07 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul Martin, 11 Mission San Juan Capistrano. ROLL CALL PRESENT: Anthony L. Bland, Mayor Lawrence F. Buchheim, Mayor pro tem Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman ABSENT: Phillip R. Schwartze, Councilman 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 June 16, 1987: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of June 16, 1987, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze -1- 7/7/87 PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION DESIGNATING JULY 1987 AS "PARKS AND RECREATION MONTH" 610.40) Written Communications: Report dated July 7, 1987, from the Director of Community Services, forwarding the Proclamation. Approval of Proclamation: Mayor Bland read the Proclamation in full and with the consensus of Council, proclaimed the month of July, 1987, as "Parks and Recreation Month" in the City. Kathy Holmes, Chairman of the Parks and Recreation Commission, was present to receive the Proclamation. ORAL COMMUNICATIONS CONSTRUCTION TRAFFIC - LA NOVIA AVENUE GLENDALE FEDERAL 450.70 The following persons addressed Council to advise of adverse impacts experienced in the Lomas Verde, Mesa Verde and Los Corrales tracts due to the use of La Novia Avenue by construction traffic for access to the Glendale Federal Lomas San Juan development: (1) Christi Baker, 27752 Via Madrina, President of the Lomas Verde Homeowners Association, stated that an agreement between Glendale Federal and the City provided that construction access was to have been established and use of La Novia to have ceased within 90 days following issuance of a grading permit. She was advised that construction of La Novia to Valle Road at the freeway would occur prior to occupancy of the 401st house, which would occur in approximately 2 to 3 years. She was further advised that the construction superintendent and the Sheriff's Department had been contacted regarding the problem and that staff was working to obtain a construction easement across the Arosa property. (2) Avenell Korn, 27731 Paseo Azalea, stated she had been informed that construction traffic would not use La Novia Avenue. Staff was directed to meet with representatives of the homeowner associations to discuss concerns and explore options. 2. AVENIDA SIEGA CONNECTION TO LACOUAGUE RANCH DEVELOPMENT (420.40) Craig Rahn, 28525 Paseo Diana, advised that residents of the Tierra del Caballo development objected to the possible extension of Avenida Siega across San Juan Creek to the Lacouague Ranch development, and would pursue the deletion of that connection from the City's Circulation Element. -2 7/7/87 .., 349 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 Friess, Buchheim Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated June 18, 1987, Warrant Nos. 3,448-3,585, in the total amount of $608,407.40, 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 May 31, 1987, in the total amount of $665,349.53, was approved as submitted. 3. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60) The Report dated July 7, 1987, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of June 23, 1987, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated July 7, 1987, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of June 15, 1987, was ordered received and filed. 5. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated July 7, 1987, from the Secretary of the Planning Commission, regarding actions taken at the meeting of June 23, 1987, was ordered received and filed. 6. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (840.20) The Report dated July 7, 1987, from the Director of Public Works, setting forth the status of the construction of the Camino Capistrano Bridge, was ordered received and filed. 7. APPROVAL OF SUBDIVISION AGREEMENT AND FINAL MAP - PARCEL MAP 85-306 ROSAN KAISER) (600.30/420.70 As set forth in the Report dated July 7, 1987, from the Director of Public Works, Final Parcel Map 85-306 was approved with a determination that said Map was in -3- 7/7/87 350 8. substantial compliance with the approved Tentative Map. The Mayor and City Clerk were authorized to execute the Subdivision Improvement Agreement for forwarding to the Orange County Recorder. As set forth in the Report dated July 7, 1987, from the City Attorney, the Claims filed against the City in conjunction with a February 27, 1987, accident which occurred on Camino Capistrano north of Junipero Serra, were denied. PUBLIC HEARINGS 1. REZONE 87-3 - SE Proposal Consideration of a rezone to permit construction of located immediately south Creek Road. Surrounding facility to the north, golf south. 32353 SAN from PR (Private Recreation) to IP (Public Institutional) a senior living facility on approximately .7091 acres of the senior living facility located at 32353 San Juan uses include a tennis facility to the west, senior living course to the east, and single-family residences to the Applicant: ARC Development, Inc., 3450 Highland Drive, Suite 202, Salt Lake City, Utah 84106. Written Communications: Report dated July 7, 1987, from the Director of Community Planning and Development, forwarding a recommendation of approval. Exhibits were on display and Susan Tebo, Associate Planner, made an oral report, advising that the proposed use was consistent with the General Plan designation, would be an expansion of the existing use, and had received support of the adjacent residential neighborhood. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded in support of the proposed zone change and project: (1) Ann Treacy,31851 Paseo Terraza; (2) Bertha Taylor, 32353 San Juan Creek Road, resident of Casa San Juan; (3) Robert Brooks, representing ARC Development; and, (4) Dale Gray, founder and president of American Residential Chateaus, the company that will operate the proposed facility and operates the existing facility. -4 7/7/87 351 There being no further response, Mayor Bland closed the Hearing with the right to re- open at any time. Approval of Zone Change: 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 introduced: APPROVING REZONE 87-3 (ARC DEVELOPMENT) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 203 BY CHANGING THE ZONING OF A PORTION OF PARCEL 3 OF PARCEL MAP 80-856 FROM (PRIVATE RECREATION) TO IP (PUBLIC INSTITUTIONAL) (ARC DEVELOPMENT) The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze 2. APPROVAL OF LOS RIOS PRECISE PLAN AMENDMENT 87-1 (400.40) Proposal: Consideration of amendments to the Los Rios Precise Plan to eliminate the Bazaar, add an Historic Commercial District, and clarify and establish development standards and design guidelines. Applicant This was a City -initiated Public Hearing. Written Communications: Report dated July 7, 1987, from the Director of Community Planning and Development, summarizing the proposed amendments and forwarding a recommendation of approval from the Los Rios Review Committee and the Planning Commission. Exhibits were on display and Sara Pashalides, Associate Planner, made an oral report, summarizing the proposed amendment Public Hearing: 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. Approval of Amendment: It was moved by Councilman Buchheim, seconded by Councilman Friess that the following Resolution be adopted: -5- 7/7/87 352 RESOLUTION NO. 87-7-7- n lWcdtl UlylcJV I of -I - n KGJULU I RIIN Ur I nC, 1.1l I LUUwl.1L OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE LOS RIOS PRECISE PLAN TO ELIMINATE THE BAZAAR, CREATE THE HISTORIC COMMERCIAL DISTRICT AND CLARIFY THE DEVELOPMENT STANDARDS FOR THE — LOS RIOS HISTORIC DISTRICT The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze 3. APPROVAL OF 1987-88 BUDGETS AND AUTHORIZATION TO Proposal: Public Hearing held to receive testimony regarding the City Landscape Maintenance Districts' operations and consideration of the proposed assessments. Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated July 7, 1987, from the Director of Public Works, setting forth the proposed 1987-88 Landscape Maintenance Districts' budgets and assessments for each tract. The Director of Public Works advised that the proposed assessments had not been increased over those assessed the previous year. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded: (1) Bob Smith, 31181 Santa Margarita Place, stated that more could be done with the landscaping and maintenance and requested a meeting to discuss the issue. (2) Joe Samperi, 28402 Via Anza, cited lack of notification and requested that the item be continued to allow residents to explore the option of outside maintenance. There being no further response, Mayor Bland closed the Hearing with the right to re -open at any time. -6- 7/7/87 4. 353 Confirmation of Cost Report: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: 87 178/ LHIVUa%_t%rG 1V1f111V 1 GIV nIV VG U1J I mlI J - n RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR 1987 LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE CITY OF SAN JUAN CAPISTRANO (TRACTS 9373/7654, 8485, 7673, 9382, 9284) The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze Noting that Council was willing to turn the districts over to the homeowners, Staff was directed to meet with Messrs. Smith and Samperi. The Resolution directed that a copy of the report entitled "City of San Juan Capistrano, Landscape Maintenance District 1987" be forwarded to the County Assessor for inclusion on the property tax roll. The Resolution approved the following assessments: Assessment Tract Per Home 9373/7654 Los Corrales $ 90.00 9382 Belford Terrace 440.00 8485 Mission Springs 211.00 7673 Mission Woods 182.00 9284 Sea View Estates 500.00 - LANDSCAPE MAINTENANCE Proposal Hearing held pursuant to provisions of the Landscaping and Lighting Act of 1972, to provide an opportunity for public comment regarding the District's proposed budget and annual assessment. Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated July 7, 1987, from the Director of Public Works, itemizing the proposed 1987-88 District budget, which totalled $129,992, and represented a 35 percent decrease from the 1986-87 cost estimate. The proposed assessment per lot totalled $1,092. -7- 7/7/87 354 Public Hearing: Notice having been given as required by law, Mayor Bland announced the Public Hearing. The City Clerk announced that a Certificate of Compliance was on file and open for public inspection. The Director of Public Works explained the purpose, scope and order of procedure for the Public Hearing; explained the general nature, location and extent of the existing works of improvement; provided a description of boundaries of Landscape Maintenance District No. 1; presented and summarized the "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972;' explained the method and formula of assessment spread; and, indicated there were no modifications necessary in the assessment or proceedings. The City Clerk reported there were no written protests received. The following persons responded in opposition to the proposed levy: (1) Marguerite Lalinga, 29822 Imperial Drive, requested the item be continued to allow familiarization with the issues. (2) Frank Boscarini, 29491 Monarch Drive, cited opposition to the contingency fee and surcharge. He advised that residents were preparing to assume responsibility of the district. The Director of Public Works clarified that a contingency fund had been created to handle the cash flow of the district. (3) Ron Manning, 29711 Monarch Drive, cited opposition to the proposed budget, contingency fee and surcharge. The Director of Public Works advised that protests had been received from less than 5 percent of the affected property owners and therefore, no changes or modifications were proposed in the Engineer's "Report." Council cited support for the budget as presented and discussed the contingency fund and surcharge. Residents were encouraged to assume responsibility for the district. It was movea Dy t-ouncuman ri following Resolution be adopted: -7-7 er that the A RESOLUTION OF 7 HE C11 Y WUNCIL Ur I ttE 1-11 r Ur atuv JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL ASSESSMENT DISTRICT (LANDSCAPE MAINTENANCE _ DISTRICT NO. 1) The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze -8 7/7/87 The City Clerk was directed to deliver Certificate of Confirmation to the Director copy of the diagram and assessment with the Monday in August, or August 17, 1987. 355 the assessment and diagram with a of Public Works and to file a certified County Auditor no later than the third This item was taken out of order on the Agenda for the benefit of persons in the audience. Written Communications: 1 Report dated July 7, 1987, from the Director of Public Works, forwarding a request from the Capistrano Unified School District to perform a study of the Del Obispo Elementary School area to determine if an adult school crossing guard is justified for the crossing on Camino del Avion at its intersection with Avenida Descanso. The Study indicated that an adult crossing guard was warranted and users of the Del Obispo Elementary School or the Marco Forster Junior High School had created the need for a crossing guard. It was further noted that school schedules would be revised starting in September, further acerbating the situation. The report recommended that due to the unique aspects of the location, the School District be requested to fund 50 percent of the annual $6,000 cost for a crossing guard. (2) Letter dated June 30, 1987, from Marie Sykes, 32171 Paseo de Manual, San Juan Capistrano, President of the Del Obispo Parent Teachers Organization, supporting use of a crossing guard. Dana Kasdan, Associate Civil Engineer, made an oral report and set forth the rationale for recommending that the School District be requested to participate in funding of the crossing guard. The following persons addressed Council in support of the request: (1) Chris Kreymann, 26041 Via del Rey. (2) Carol Boswell, 24095 Dana Fir, Dana Point, presented petitions signed by approximately 200 persons, in favor of the request. Approval of Use of Crossing Guard: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to approve the assignment of an adult school crossing guard at the existing school crosswalk on Camino del Avion at Avenida Descanso. A budget amendment in the amount of $6,000 was authorized to cover anticipated expenditures. Staff was directed to contact the Capistrano Unified School District to request assistance in funding 50 percent of the costs for a crossing guard on an annual basis. -9- 7/7/87 r 356 RECESS AND RECONVENE Council recessed at 8:45 p.m., and reconvened at 8:55 p.m. Council recessed at 8:55 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:01 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 2. JAIL SITE SELECTION STUDY (580.70) Written Communications: Report dated July 7, 1987, from the Administrative Assistant, forwarding a letter to the Orange County Environmental Management Agency setting forth the City's concerns regarding environmental impacts of the Chiquita Canyon site. The site was included in the Long -Term Jail Facility Environmental Impact Report as a possible location for a new jail facility site. Ratification of Letter: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to ratify the letter to the Orange County Environmental Management Agency from the City Manager, dated July 2, 1987. Letters to the Board of Supervisors stating the City's position relative to the Long -Term Jail Facility will be prepared for the Mayor' signature. Written Communications: Report dated July 7, 1987, from the City Manager, recommending consideration of specific regulations governing the conduct of vendors within the community. The proposed regulations would include a permit process and processing procedures; vehicle maintenance and inspection; vendor conduct; and, a revocation process. Approval of VendorRegulations: 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 introduced: W7 CAPISTRANO, CALIFORNIA, ADDING CHAPTER 7 ENTITLED "REGULATION OF VENDORS" TO TITLE 4 ENTITLED "PUBLIC SAFETY" OF THE MUNICIPAL CODE AND REPEALING MUNICIPAL CODE SECTION 4-6.320 -10 7/7/87 3.5'7 The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze CITY ATTORNEY 1. Written Communications: Report dated July 7, 1987, from the City Attorney, advising that a Quitclaim Deed transferring all legal interest in Lot A of Tract 11094, located on the south side of the intersection of Rancho Viejo Road and Highland Drive, had been obtained in order to accommodate underground utility work necessary for the widening of Rancho Viejo Road. The report forwarded the Quitclaim Deed for acceptance by the City and an easement conveying the property to San Diego Gas and Electric. Acceptance of Quitclaim: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 87-7-7-4, ACCEPTING QUITCLAIM DEED, TRACT 11094 LOT A (GOEDEN COMPANY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING ACCEPTANCE OF QUITCLAIM DEED FOR LOT A, TRACT 11094 (GOEDEN COMPANY) The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze The Resolution accepted the Quitclaim Deed from the Goeden Company and directed the City Clerk to forward the Deed to the Orange County Recorder's Of fice. Granting of Easement: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the following Resolution be adopted: -11- 7/7/87 D 87-7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING CONVEYANCE OF EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY (LOT A, TRACT 11094) — The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze The Resolution authorized the Mayor and City Clerk to execute the easement on behalf of the City. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT ECONOMIC DEVELOPMENT PROGRAM (470.50) Written Communications: Report dated July 7, 1987, from the Director of Community Planning and Development, forwarding a proposed Economic Development Program which would provide goals and objectives for implementation by the City and Economic Development Commission. The program provides a strategy to diversify and strengthen the San Juan Capistrano area and its economic activity. The report forwarded a recommendation of approval from the Economic Development Commission. Brian Fisk, Community Development Assistant, made an oral report. Adoption of Program; It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the Economic Development Program. 2. DEVELOPER ASSISTANCE PROGRAM (400.30) Written Communications: Report dated July 7, 1987, from the Director of Community Planning and Development, forwarding a proposed Developer Assistance Program which would provide criteria for assistance to developers seeking financial aid, procedures for _ assistance, and a summary of financing tools available through the Community Redevelopment Agency and the City. The report forwarded a recommendation of approval from the Economic Development Commission. The Community Redevelopment Agency reviewed the Program at its July 7th meeting and forwarded the Program with several modifications for approval by the Council. Approval of Program: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the Developer Assistance Program as modified. -12 7/7/87 359 3. SAN JUAN CREEK SPECIFIC PLAN - PRELIMINARY REVIEW (550.50) Written Communications: Report dated July 7, 1987, from the Director of Community Planning and Development, forwarding the San Juan Creek Specific Plan. The report summarized the five basic elements of the Plan, which included open space treatments; land uses; circulation; utilities; and, a flood protection plan. The report recommended reconfirmation of Council's June, 1985, action, which initiated the processing of a Specific Plan; and, initiation of a General Plan Amendment. Exhibits were on display and Sara Pashalides, Associate Planner, discussed the major features of the proposed Plan. The Director of Community Planning and Development advised that the City had not accepted the 42,000 cubic feet/second figure recommended by the County for ultimate 100 -year flood protection elevation, rather the City supported use of a 36,000 cubic feet/second calculation. Joyce Hoffman, 35821 Beach Road, Capistrano Beach, read a letter dated July 7, 1987, objecting to the preliminary alignment for flood protection along their property. Initiation of General Plan Amendment: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to reinitiate a General Plan Amendment to change the Land Use and Open Space/Conservation Elements of the General Plan to establish a clear foundation for adoption of the Specific Plan. Initiation of Specific Plan: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to reinitiate consideration of the draft Specific Plan. The Specific Plan and General Plan Amendment were referred to the Cultural Arts and Heritage Commission, the Parks and Recreation Commission, the Equestrian Commission, the Traffic and Transportation Commission, and the Planning Commission for review and recommendation. 4. MODIFICATION TO Written Communications: Report dated July 7, 1987, from the Director of Community Planning and Development, advising that Dividend Development Corporation had requested modification to conditions of approval for Tract 12633 to replace a grade -separated equestrian trail crossing with a signalized crossing of San Juan Creek Road; to provide turning lanes only where needed on San Juan Creek Road; and, that in lieu of dedication of open space conservation easements, the City accept fee title to Lots B and C of Tract 12633. The report forwarded recommendations of approval from the Equestrian Commission and the Traffic and Transportation Commission. Approval of Modifications: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: -13- 7/7/87 360 5. 87-7-7 (DIVIDEND DEVELOPMENT CORPORATION) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING APPROVAL AND MODIFYING CONDITIONS 23, 14d, AND 10a OF TENTATIVE TRACT 12633 (DIVIDEND DEVELOPMENT CORPORATION) The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze Written Communications: Report dated July 7, 1987, from the Director of Community Planning and Development, advising that during development of the Lacouague Ranch, approximately 1,500,000 cubic yards of earth would be moved. City policy requires approval and execution of a development agreement prior to issuance of grading permits for projects involving such major grading. Councilman Friess requested that signing be included to identify the prohibition of construction traffic on the private road extension at the end of San Juan Creek Road. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the Development Agreement with Dividend Development Corporation. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City for forwarding to the Orange County Recorder. DIRECTOR OF PUBLIC WORKS 1. Written Communications: — Report dated July 7, 1987, from the Director of Public Works, advising that the Final Maps for Tracts 13025, 13026, 13027, 12633 and 13101 had been reviewed and found to be in conformance with the Subdivision Map Act and approved Tentative Tract Map 12633. With the exception of the conditions modified earlier on the Agenda, all conditions had been met and all bonds and fees submitted. The Director of Public Works advised that the Water District had concerns regarding approval of the Final Maps and requested that the agreements not be forwarded to the Recorder until the Water District had resolved their concerns. -14 7/7/87 361 Approval of Final Maps/ Agreements: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to approve the Final Maps for Tracts 13025, 13026, 13027, 12633, and 13101, with the determination that the maps are in compliance with the City's General Plan and with the approved tentative maps. The Mayor and City Clerk were authorized to execute the Final Maps, the Subdivision Improvement Agreements, and the Reimbursement Agreement for construction of San Juan Creek Road to La Novia Avenue for forwarding to the Orange County Recorder upon release by the Water District. 2. APPROVAL OF 3. Written Communications: Report dated July 7, 1987, from the Director of Public Works, forwarding an agreement formalizing the terms and conditions for use of City property by the Capistrano Valley Water District. The report advised that projects to facilitate the relocation of the Water District to the City Hall complex were complete and plans were progressing for an additional garage unit. The agreement required an annual lease payment from the District in the amount of $22,800. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the Lease and License Agreement with the Capistrano Valley Water District, and to authorize the City Manager to execute the Agreement on behalf of the City. Written Communications: Report dated July 7, 1987, from the Director of Public Works, advising that all cities participating in the Orange County Arterial Highway Financing Program must requalify for the program on an annual basis. The report advised that the City and County were in substantial conformity and only minor classification discrepancies exist regarding the designation of La Novia Avenue from Ortega Highway to San Juan Creek Road; Camino Las Ramblas from Interstate Route 5 to Via California; Camino Los Padres; and, Ortega Highway from La Novia Avenue to the easterly City boundary. Requesting AHFP Requalification: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 87-7-7-7 ARTERIAL HIGHWAY FINANCING PROGRAM - ANNUAL REQUALIFICATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING ANNUAL REQUALIFICATION FOR PARTICIPATION IN THE COUNTY'S ARTERIAL HIGHWAY FINANCING PROGRAM -15- 7/7/87 r- 362 The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze The City Clerk was directed to forward a certified copy of the Resolution to the Orange County Environmental Management Agency. COUNCILMANIC ITEMS 1. ANNUAL REVIEW OF COMMISSION APPOINTMENTS (110.20) This item was continued from the meeting of June 2, 1987. Written Communications: Report dated July 7, 1987, from the Senior Administrative Assistant, forwarding a list of current appointees, their appointment dates, and a listing of all active, applications currently on file. Mobile Home Park Review Committee: Citing a need for new thoughts and activities on the Committee, Councilman Friess nominated Thomas Erin to replace Fred Kelly and William Schweinfurth to replace Sam Schleger, noting however, that Messrs. Kelly and Schweinfurth had served the Committee well. It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to close nominations. It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to appoint Thomas Erin and William Schweinfurth to the Mobile Home Park Review Committee. Vacancies will exist on the Committee for an alternate park representative and an alternate at -large member. There was a consensus of Council that Certificates of Commendation be prepared for Fred Kelly and Sam Schleger. Reappointment of Commission and Board Members: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to reinstate all current Commission and Board members for a one-year term ending June 30, 1988. Council extended appreciation for the services of all Commission and Board Members. Mayor Bland advised that appointment to fill the current vacancies could occur at the first meeting in August. COUNCIL REMARKS 1. SAN DIEGO GAS AND ELECTRIC RATES (1010.20) Councilman Hausdorfer noted receipt of a letter dated July 1, 1987, from Clay Moran, 33821 Valle Road, requesting that due to excessive electric rates, the City terminate services of San Diego Gas and Electric and establish service with Southern California Edison Company. Staff was requested to prepare a response. -16- 7/7/87 CLOSED SESSION Council recessed to a Closed Session at 9:45 p.m., for discussion of personnel matters, the City Clerk being excused therefrom, and reconvened at 11:02 p.m. COUNCIL ACTIONS 1. LEGAL SERVICES - ANNEXATION ISSUES (620.20/600.30) It was moved by Councilman Friess, seconded by Councilman Buchheim and carried with Councilmen Hausdorfer and Schwartze absent, to authorize the hiring of Dan Curtin, Attorney at Law, to represent the City on annexation and LAFCO issues. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:02 p.m., to the next regular meeting date of Tuesday, July 21, 1987, at 7:00 p.m., in the City Council Chamber. ATTEST: ANTHONY LAND, MAYOR Respectfully submitted, MARY AN ANOVER, CITY CLERK -17- 7/7/87