Loading...
85-1217_CC_Minutes_Regular Meeting243 DECEMBER 17, 1985 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 Schwartze at 7:00 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Margaret Ims, Christ Unity Capistrano Church. ROLL CALL PRESENT: Phillip R. Schwartze, Mayor Gary L. Hausdorfer, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Kenneth E. Friess, 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 Meetingof December 3, 1985: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of December 3, 1985, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None 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 Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None -1- 12/17/85 244 PRESENTATIONS AND COMMENDATIONS COMMENDING E. PHILLIP HALE (114.1) Written Communications: Additional Resolution commending E. Phillip Hale upon his retirement from his position as Assistant General Manager of the Capistrano Valley Water District effective December 20, 1985. Mr. Hale had also served as Assistant City Manager/Director of Administrative Services from March 20, 1978, to December 17, 1982. Adoption of Resolution: Mayor Schwartze read the Resolution citing Mr. Hale's achievements, and it was moved by Councilman Buchheim, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO. 85-12-17-1, COMMENDING E. PHILLIP HALE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING E. PHILLIP HALE UPON HIS RETIREMENT The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None Mr. Hale was present to receive the Commendation. 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, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (202.2) The List of Demands dated December 4, 1985, Warrant Register No. 86-061, in the total amount of $199,168.24, was approved as submitted. -2- 12/17/85 2. 3 5 CITY TREASURER'S REPORT OF INVESTMENTS (210.1) �e4', The City Treasurer's Report of Investments as of November 30, 1985, in the total amount of $7,880,000.00, was approved as submitted. CITY TREASURER'S REPORT OF 191 ,n, G The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as of November 30, 1985, was approved as submitted. 4. REPORT OF The Report dated December 17, 1985, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of November 26, 1985, was ordered received and filed. 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4) The Report dated December 17, 1985, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of December 9, 1985, was ordered received and filed. 6. ACCEPTANCE OF EASEMENTS FROM COMMUNITY REDEVELOPMENT AGENCY - CAMINO CAPISTRANO BRIDGE (407.1/804.2) As set forth in the report dated December 17, 1985, from the Director of Public Works, the easements for roadway, access, and temporary construction purposes were accepted from the Community Redevelopment Agency in order to widen Camino Capistrano in conjunction with the Camino Capistrano Bridge project. The easements for permanent access and roadway purposes were appraised at $67,960; the easement for temporary construction purposes was appraised at $6,893, which is to be paid on an annual basis until construction is completed. A total payment of $74,853 for acceptance of easements from the Agency was authorized; the City Clerk was directed to forward the easements to the Orange County Recorder. 7. RESOLUTION RENDERING A DECISION IN THE MATTER OF THE SAN JUAN MOBILE ESTATES RENT PETITION (136.1/308.1) As set forth in the report dated December 17, 1985, from the City Attorney, pursuant to Council action on December 3, 1985, the following Resolution was adopted: RESOLUTION NO. 85-12-17-2, RENDERING DECISION IN THE MATTER OF SAN JUAN MOBILE ESTATES RENT PETITION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RENDERING A DECISION IN THE MATTER OF THE SAN JUAN MOBILE ESTATES RENT PETITION -3- 12/17/85 � 46 The Resolution set forth Council's findings with regard to the San Juan Mobile Estates Rent Petition received by the City on July 19, 1985. PUBLIC HEARINGS 1. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ESTABLISHING RTAmn ApnR FOR INSTALLATION OF EXTERIOR LIGHTING WITHIN Proposal: Establishment of permanent standards for installation of exterior lighting within Residential Districts. An Urgency Ordinance prohibiting installation of permanent decorative lighting in Residential Districts pending completion of a zoning study was adopted by Council on October 1, 1985; it was extended on November 5, 1985, and was scheduled to expire on February 10, 1986. The Planning Commission reviewed the proposed amendment on November 26 and December 10, 1985. Applicant: This is a City -initiated Public Hearing. Written Communications: (1) Report dated December 17, 1985, from the Director of Community Planning and Development, setting forth the Planning Commission's recommendations on the proposed regulations. (2) Letter dated December 16, 1985, from Ann Parker, Chairperson and Director of the Bear Brand Ranch Community Association Board of Directors, 31861 Peppertree Bend, in opposition to the proposed ordinance. Tom Tomlinson, City Planner, advised that the 5 footcandle intensity regulation had been chosen following consultation with San Diego Gas and Electric regarding basic minimum standards for security and review of studies done by consultants. He discussed the Planning Commission's recommendations for shielding and granting of exceptions. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, closed the Hearing, with the right to re -open at any time. Council Discussion: Councilman Hausdorfer suggested that exceptions be reviewed by the Planning Commission in the early stages, but later be handled on a different level such as the Zoning Administrator. Councilman Bland stated that a prohibition on the use of high- and low-pressure sodium lights could be -4- 12/17/85 2. 247 detrimental in the future, and Councilman Friess suggested amending the ordinance to indicate that use of high- and low-pressure sodium lights would be subject to approval by the City Council. Approval of Exterior Lighting Regulations: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the following Ordinance be introduced with an amendment to Section C.(5) stating that use of high- and low-pressure sodium lights would be subject to approval by the City Council. At the suggestion of the City Attorney, and with the concurrence of the second, the motion was amended to require approval consistent with that set forth in the 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. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - EXTERIOR LIGHTING REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.614 OF THE MUNICIPAL CODE PROVIDING REGULATIONS FOR THE INSTALLATION OF EXTERIOR LIGHTING IN RESIDENTIAL AREAS. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None Proposal: Consideration of an amendment to the Municipal Code, initiated by Council on October 15, 1985, to modify the Farm Market (FM) District to allow for uses more indirectly related to farm market uses. Applicant: Charles Vermeulen, 11591 Cielo Place, Santa Ana, 92705. written Communications: Report dated December 17, 1985, from the Director of Community Planning and Development, setting forth the applicant's proposed modifications and an analysis of the proposal and impacts to the integrity of the Farm Market District. The Planning Commission recommended approval of the proposed amendment, which included the following changes: Permitted Uses - sale of flowers and plants. -5- 12/17/85 248 Accesy Uses - providisorng dining the retail sale such materials a similar items. Delicatessen/snack bar/ice cream, area does not exceed 100 square feet; and small-scale finishing or working of s leather, pottery, jewelry, and Conditional Uses - Dry goods and clothing stores related to agriculture or ranching; services or facilities engaged in the sale, fabrication or repair of products related to farming. Sara Pashilides, Associate Planner, made an oral report. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Council Discussion: Councilman Friess cited concerns that a veterinary office or supply was determined to have no relationship to agricultural operations and was not to be included as a permitted use. Councilman Hausdorfer stated concern with the 100 -square -foot limitation on the delicatessen dining area, stating that if the use is to be allowed, it must be allowed to be economically feasible. Negative Declaration: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried to certify the Negative Declaration. ADDroval of Amendment to Permitted Uses in Farm Market District: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Ordinance be introduced: TITLE 9 OF THE MUNICIPAL CODE - MARKET (FM) DISTRICT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.423 OF THE MUNICIPAL CODE RELATING TO PERMITTED USES WITHIN THE FARM MARKET (FM) DISTRICT The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None -6- 12/17/85 249 Initiation of Amendment to Municipal Code: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried to initiate an amendment to the Municipal Code regarding the 100 -square -foot limitation on the delicatessen/snack bar dining area and the addition of the veterinary office/supply use. 1. GENERAL PLAN AMENDMENT 85-2 AND SPECIFIC PLAN 85-1 - PROVIDING FOR DEVELOPMENT RIGHTS TRANSFER PROGRAM AND PARTIAL DEVELOPMENT OPTION (AGRICULTURE/KINOSHITA) (314.15) Pro osal: Conspideration of a General Plan Amendment to the Land Use, Open Space and Conservation Elements, which would further implement the intent of the 4.2 agri-business designation by providing an incentive and implementation program to compensate property owners for the permanent preservation of agriculture lands; and, consideration of a Specific Plan, which would delineate a specific preservation program for the 56 acres located at the northwest corner of Alipaz Street and Camino Del Avion, known as the Kinoshita property. The current General Plan Designation is 4.2 agri-business; the proposed designation is 4.2 agri-business with a floating designation that would provide for a partial development option. The items were initiated by Council on September 17, 1985. Applicant: Kinoshita Farms, Inc., P. O. Box 201, San Juan Capistrano, 92693. Written Communications: (1) Report dated December 17, 1985, from the Director of Community Planning and Development, setting forth the proposed General Plan Amendment 85-2 text amendments to the Land Use Element, the Open Space and Conservation Element, and the General Plan Composite Map. The report further set forth the basic elements of Specific Plan 85-1, which included a Development Rights Transfer Program, a Partial Development Option, a Reservation Area, and an Implementation of the Specific Plan. The report advised that a focus Environmental Impact Report and response to comments had been prepared; that final action could not be taken until completion of the review period on December 27, 1985, and the Hearing should be continued to the meeting of January 7, 1986. Tom Tomlinson, City Planner, made an oral report, discussing the provisions of the General Plan Amendment and the Specific Plan. -7- 12/17/85 25� Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing, and the following persons responded: (1) Ed Haworth, representing the applicant, spoke in support of the General Plan Amendment and Specific Plan. (2) Russell Neal, 31072 Calle Santa Rosalia, presented his letter dated December 17, 1985, in opposition to the agriculture preservation program as it currently exists. There being no further response, Mayor Schwartze closed the Hearing with the right to re -open at any time. Council concurred in their support of the proposed program as an equitable solution to a difficult problem; Councilman Buchheim suggested review of the 10 -year waiting period to allow acceleration of that time in the event of a catastrophic situation. Continuance to January 7, 1986: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried to continue the hearing to the meeting of January 7, 1986. 4. TEMPORARY JRES - CITY'S 10 Proposal: Consideration of intermittent street closures and issuance of a parade permit to conduct the City's Annual 10 KM Run, which will be held from 8:00 a.m. to 11:00 a.m. on Saturday, March 29, 1986, to coincide with events planned to celebrate the City's 25th anniversary. Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated December 17, 1985, from the Director of Community Services, forwarding the proposed route and advising that Orange County Sheriff's Reserve units will be located at intersections for traffic safety purposes. PublicHearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. -8- 12/17/85 5 251 Approval of Route and Street Closures: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to approve the 6.2 -mile route and the intermittent closing of the following streets between 7:30 a.m. and 9:15 a.m., on Saturday, March 29, 1986: E1 Camino Real from Ortega Highway to La Zanja Street; La Zanja Street from E1 Camino Real to Camino Capistrano; Junipero Serra Road (eastbound) from Camino Capistrano to Rancho Viejo Road; Acjachema Street from Camino Capistrano to E1 Camino Real; and, Avenida Padre from Camino Capistrano to Avenida Los Amigos. HOUSING POLICIES REPORT - MORTGAGE REVENUE BONDS (155) Proposal: Consideration of the City's Housing Policies Report, which will allow the City to maintain its eligibility to issue mortgage revenue bonds in 1986, pursuant to Section 103A of the Internal Revenue Code of 1954, as amended. Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated December 17, 1985, from the Director of Community Planning and Development, advising that adoption of the Housing Policies Report is a formal procedure required by the Secretary of the Treasury. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Approval of Housing Policies Report: It was moved by Councilman Buchheim, seconded by Councilman Friess, that the following Resolution be adopted: 2-17- RECTING PUBLICATION OF A HOUSING POLICIES REPORT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND DIRECTING PUBLICATION OF A HOUSING POLICIES REPORT UNDER SECTION 103A The motion carried by the following vote: -9- 12/17/85 25� AYES: NOES: ABSENT: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze None None The City Clerk was directed to publish the Report on or before December 18, 1985, by making copies available to the interested public; and, to submit a copy of the Report to the Internal Revenue Service on or before December 31, 1985. 6. REZONE 85-3 AND TENTATIVE 5-306 (ROSAN Proposal: Consideration of an application to rezone 17 acres located in the southern -most portion of the City from CM (Commercial Manufacturing) to PD (Planned Development), and to subdivide the property into 5 parcels. The property is bounded by the San Diego Freeway and Camino Capistrano on the east; an automobile dealership to the north, the AT&SF Railroad to the west; and, vacant land to the south. Applicant: Kaiser Development Company, 2121 Palomar Airport Road, Suite 201, P. O. Box 308, Carlsbad, 92008-0060, Attention Mitch Ritschel. Written Communications: (1) Report dated December 17, 1985, from the Director of Community Planning and Development, advising that the applicant had a purchase agreement with the property owner which required closing of escrow on the property by the end of the year. State review of the environmental impact report was not completed until December 13, 1985, and any response to comments made will be completed at the end of December and be available for City Council hearing in January, 1986. The report advised that the Planning Commission had opposed grading of the entire site in one phase and voiced concern regarding the number of trees proposed for removal; that staff prepared conditions and amended language in the Composite Development Plan to mitigate the concerns. The report further advised that should the applicant not incorporate the language changes, the project would not be in conformance with the goals and objectives of the General Plan. The report forwarded staff findings with regard to General Plan consistency, capability of site to accommodate proposed uses, circulation and traffic generation, potential landform alteration, and proposed public improvements. -10- 12/17/85 (2) Transmittal letter dated December 17, 1985, Fishman, Tierra Planning and Design, 31882 Capistrano, Suite 108, forwarding summaries Plan 2, and the Tree Preservation Plan. 253 from Alan Camino of Plan 1, Exhibits were on display and Susan Tebo, Associate Planner, discussed the Planning Commission's concerns regarding tree preservation, grading, and phasing. She advised that new plans had been received since the Planning Commission meeting which were developed to address those concerns; however, neither staff nor the Commission had had an opportunity to review the proposals, which appeared to involve a significant degree of change. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and the following project proponents provided an overview of the newly -submitted plans: Frank Rice, representing Kaiser Development, 2121 Palomar Airport Road, Suite 201, P. 0. Box 308, Carlsbad, 92008-0060, noted that the Planning Commission found the original plan unacceptable and that plans had been prepared which addressed the Commission's concerns. He stressed the need for guidance pending purchase of the property. Tom Davis, Tierra Planning and Design, 31882 Camino Capistrano, Suite 108, San Juan Capistrano, provided a site orientation and discussion of the physical characteristics of the site. Frank Rice advised that Plan No. 1 was fully -responsive to the Commission's concerns, noting that the quantity of grading and cut and fill had been reduced and all of the 244 inventoried trees on the site would remain. Plan No. 2 was responsive to concerns, but was also economically feasible. He discussed the differences between the two plans, which included use of previously vacant land, some tree removals, and the addition of a third story to one of the office buildings. He advised that trees which were removed would be transplanted and if unsuccessful, would be replaced on a two to one basis. Tom Davis, Tierra Planning and Design, discussed the proposed addition of a third story to one of the buildings, noting height, location, and screening. Dr. Lee Jones, Michael Brandman Associates, 3140 Red Hill Avenue, Suite 200, Costa Mesa, 92626, discussed tree preservation and stated that Plan No. 2 was consistent with the City's ordinance. -11- 12/17/85 254 Mr. Rice responded to concerns listed in the staff report, stating there were no objections to phasing of the grading, provision of graphics, submission of a tree preservation plan and supervision by an arborculturalist, and referral of the issues back to the Planning Commission. He stated, however, that the setbacks listed in the staff report were new since the December 10th Planning Commission meeting and aesthetics of the project would be acceptable without the unusual setback requirements. He stated that the proposed development agreement was already in place and that subterranean parking currently occurred only on Lot 2. He reiterated the need for the three-story building as being critical to the feasibility of the project, and the need for guidance regarding tree preservation and height limitations, recognizing that staff and the Planning Commission had not reviewed the plans. Councilman Hausdorfer stated support of the recommendation for referral back to the Planning Commission, advising that the new plans appeared to be a positive step toward resolution of the issues. He then left the meeting at 8:43 p.m. Tom Waller, manager of engineering and construction, Kaiser Development, discussed grading required by the new plans, noting that the original plan had balanced the cut and fill and the new plans would require hauling from the site. Council Comments: Council stated concern that the project had been in the process for 18 months and found unacceptable, necessitating last minute changes. Councilman Friess initiated discussion regarding possible ways to eliminate the need for a three-story building. Councilman Buchheim stated that due to the location of the building and configuration of the land, he would be in favor of considering a three-story building if it meant saving trees or topography and if the building were buffered. He stated that as many trees as possible should be saved, but priority should be given to preservation of the landform and topography. Councilman Bland stated that it appeared to be a high-intensity use for the area and the overriding goal should be to develop a project that fit the area. He stated that exceptions had been made to the height limitation in the past, and he would agree to an extra story if it did not appear out of scale with the rest of the project. Mayor Schwartze stated he would be in favor of the project as long as the developer worked around the trees and blended the building into the area; that he would support a two to one replacement of the trees as long as the major growth stands were not disturbed. He encouraged the applicants to proceed and suggested preparation of a scale model. -12- 12/17/85 255 There being no further response, Mayor Schwartze closed the Hearing with the right to re -open at any time. Referral to Planning Commission: There was a consensus of Council to refer the item back to the Planning Commission for report on the issues of grading and landform alterations, tree preservation plan, construction phasing, setbacks for building areas and graphics depicting views of the project. MODIFICATION OF CONDITION NO. 7, TENTATIVE PARCEL MAP 81-856 This item was taken out of order on the Agenda. Applicant/Property Owner: William L. Keele, 103 South Broadway, Suite 201, Edmond, Oklahoma, 73034. Written Communications: Report dated December 17, 1985, advising that on August 7, 1984, Council approved Tentative Parcel Map 81-856, which would subdivide 10.47 acres of land into 4 lots. The applicant requested relief from Condition No. 7, which required private road improvements along the existing easement road from the project boundary westerly to the existing public street improvements for San Juan Creek Road at Hidden Mountain, due to an inability to acquire right -of -access easements over the McCook and Diffley properties located between the project and the existing public street improvements. The request was previously considered by Council on June 18, 1985, and denied with direction to staff to work in concert with the applicant regarding the situation during the 60 -day extension period granted to Dr. Diffley for Tract 10134. The report advised that approvals for Tentative Tract 10134 expired and the right -of -access situation remained unresolved; the applicant requested reconsideration of the condition in order to complete the final map. In order to resolve the situation, staff recommended that the condition be modified to require paving to be completed prior to issuance of any building permits. The report noted that Hidden Valley residents and property owners in the immediate area were formulating a program for the paving of all the access roads in the area and were working with the applicant to coordinate those improvements. Exhibits were on display and Tom Tomlinson, City Planner, made an oral presentation, advising that wording in the modified Condition No. 7 had been amended to delete the requirement to dedicate and improve the private road easement within the parcel map boundaries. -13- 12/17/85 256 W f Tentati 81-856: It was moved by Councilman r'riess, seconaeu ny -u ui, Buchheim, that the following Resolution be adopted: RESOLUTION NO. 85-12-17-4, REAFFIRMING APPROVAL OF TENTATIVE PARCEL MAP 81-856 AND RESCINDING RESOLUTION NO. 84-8-7-2 (KEELE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING APPROVAL OF TENTATIVE PARCEL MAP 81-856 AND RESCINDING RESOLUTION NO. 84-8-7-2 (KEELE) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer Condition No. 7 was modified to read as follows: "Private Road Easement Improvements - The applicant shall complete paving improvements to the existing private road easement of San Juan Creek Road from Paseo Christina to the present terminus of the public improvements for San Juan Creek Road. A reimbursement agreement shall be executed which will require future subdividers who receive benefit from said street improvements to reimburse the applicant for their pro -rata share of said improvements. In lieu of the reimbursement agreement, the applicant shall have the option of entering into a cost-sharing agreement with the Hidden Valley Association. In addition, the applicant shall dedicate and improve the equestrian trail. Said private road improvements both on and off-site shall be completed and accepted by the City prior to issuance of any building permits created by this subdivision." RECESS AND RECONVENE Council recessed at 9:20 p.m., and reconvened at 9:30 p.m. RESOLUTIONS 1. AMENDING THE 1984-85 FISCAL BUDGET AND AUTHORIZING Written Communications: Report dated December 17, 1985, from the Director of Administrative Services, advising that during the 1984-85 fiscal year, Council authorized certain amendments to the budget as a result of various specialized services required -14- 12/17/85 2. 2 5'7 by the City and available funding sources for capital and special projects. The amendments reflect additional appropriations in the amount of $1,152,057.00. Amendment of 1984-85 Fiscal Budget: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 85-12-17-5, AMENDING THE 1984-85 FISCAL BUDGET AND AUTHORIZING APPROPRIATIONS - A RESOLUTION O THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer Written Communications: Report dated December 17, 1985, from the Administrative Assistant, forwarding a Resolution commending Moulton -Niguel Water District on its 25th anniversary, pursuant to Council direction of December 3, 1985. Approval of Commendation: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the following Resolution be adopted: 85-12-17-6. COMMEND WATZA U.LOTAIU1 VLV ITT 471"I! AVA.LVr1AORAX - M AZOV1,UT1UV OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING MOULTON-NIGUEL WATER DISTRICT ON ITS 25TH ANNIVERSARY The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer Staff was authorized to engrave the Resolution for presentation to the District by Councilman Buchheim. -15- 12/17/85 4 2 v RECESS AND RECONVENE Council recessed at 9:31 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:36 p.m. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. APPEAL OF PLANNING COMMISSION OPINION - SIGN PERMIT 85 - AVERY FOREIGN CAR SERVICE (HELD/GOODYEAR) (140.6) This item was continued from the meeting of November 5, 1985. Written Communications: Report dated December 17, 1985, from the Director of Community Planning and Development, requesting that the item be continued to the meeting of January 7, 1985, due to timing of the public hearing notification. Continuation of Item: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried to continue the item to the meeting of January 7, 1986. 2. INITIATION OF GENERAL PLAN AMENDMENT 86-1 - AMENDING Written Communications: Report dated December 17, 1985, from the Director of Community Planning and Development, advising that staff had been preparing a Soils Subsidence Insurance Program for manufactured slopes and that it would be appropriate to include in the General Plan some additional policies specifically identifying such a program. Initiation of General Plan Amendment 86-1: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried to initiate consideration of an amendment to the Seismic Safety and Public Safety Elements of the General Plan regarding language supporting a Soils Subsidence Insurance Program. Said action shall not be construed as either approval or denial of the amendment in that it allows staff to prepare the necessary documents for public review and consideration by the Planning Commission and City Council. DIRECTOR OF PUBLIC WORKS 1. BUDGET :T COMMITTEE NO. 2 - REHABILITATION Written Communications: Report dated December 17, 1985, from the Director of Public Works, advising that at the November SERRA Board of -16- 12/17/85 Directors meeting, approval was given to continue the 5 9 program of digester cleaning at the Treatment Plant. The initial contract with Golden West and Lowry Engineering would be extended to include cleaning of the second digester. The cleaning was anticipated to proceed over several months; once completed routine cleanings of the four digesters will be performed by the maintenance personnel as part of ongoing plant operations. Approval of Budget Adjustment: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried to approve the SERRA budget revision for Project Committee No. 2-R for digester cleaning, in the amount of $186,000 and, to authorize the transfer of the City's share of $44,688 to SERRA Project Committee No. 2-R, Account 07-4480-284. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF ACTIONS (140.4) The Report dated December 17, 1985, from the Director of Community Planning and Development, advising of actions taken by the Planning Commission at their meeting of December 10, 1985, was ordered received and filed. COUNCIL REMARKS 1. THE CAPISTRANO STORY/RICARDO MONTALBAN (114.1/103.5) Councilman Buchheim suggested that a Resolution of appreciation be prepared for Ricardo Montalban in conjunction with his narration of the film, "The Capistrano Story." He was advised that staff had been working on the matter and the item would be scheduled in January or February. 2. LIABILITY INSURANCE (402.1) Councilman Buchheim advised that at a recent Senior Citizen's meeting he had discussed the "deep pocket" insurance liability issue with Senator Marian Bergeson. 3. COACH HOUSE BUS PARKING/SHERIFF'S HELICOPTER (309.4/606.1) Councilman Friess noted receipt of a letter dated December 11, 1985, from Thomas W. Hribar, Capistrano Valley Realty, 32172 Camino Capistrano, citing concerns regarding parking of the Coach House Inn bus in front of the Esplanade Center and flights of the Sheriff's helicopter over the Capistrano Valley. He requested a listing of the types of calls to which the helicopter responds and an off -agenda report regarding the Coach House Inn Bus. -17- 12/17/85 260 4 5. SAN JUAN NIGHT AT ANGEL'S STADIUM (115.2) Councilman Bland requested that the Director of Community Services review a request that the San Juan Children's Choral Group sing the National Anthem at the annual San Juan night at Angel's Stadium. FREEWAY RAMP METERING (108.2) Councilman Bland cited his opposition to metering of freeway on -ramps in the City and suggested an agreement with the State to direct traffic away from City streets which is caused by development around the City. He further suggested contact be made with State representatives stressing the City's opposition to the program. CLOSED SESSION Council recessed to a Closed Session at 9:47 p.m., for discussion of personnel and legal matters, the City Clerk being excused therefrom, and reconvened at 10:10 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:10 p.m., to the next regular meeting date of January 7, 1986, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, ME ���lL/L✓/� I ATTEST: mMF E 012 I MA -18- 12/17/85