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86-0520_CC_Minutes_Regular MeetingMAY 20, 1986 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Friess at 7:03 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Robert Schwenck, Community Presbyterian Church. ROLL CALL PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem Anthony L. Bland, Councilman Phillip R. Schwartze, Councilman ABSENT: Lawrence F. Buchheim, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; 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, Deputy City Clerk/Recording Secretary. MINUTES Regular Meeting of May 6, 1986: It was moved by Councilman Hausdorfer, seconded by Councilman Bland, that the Minutes of the Regular Meeting of May 6, 1986, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Bland, Hausdorfer, and Mayor Friess NOES: None ABSTAIN: Councilman Schwartze ABSENT: Councilman Buchheim MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Bland, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim -1- 5/20/86 418 PRESENTATIONS AND COMMENDATIONS 1. RESOLUTION COMMENDING EMILY JACKSON, LIBRARIAN rein 1/7n) ii Written Communications: Report dated May 20, 1986, from the Assistant to the City Manager, forwarding a Resolution honoring Emily Jackson, who has been the librarian at the San Juan Capistrano Library for the past six years, and who recently received a grant for a prestigious lecture series at the Library. Adoption of Commendation: Mayor Friess read the Resolution in full, and it was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, that the following Resolution be adopted: NO. 86-5-20-1, COMMENDING EMILY JACKSON, - A RESOLUTION OF THE CITY COUNCIL OF THE N JUAN CAPISTRANO, CALIFORNIA, COMMENDING EMILY JACKSON, LIBRARIAN The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim Emily Jackson was present to receive the commendation, stating that San Juan Capistrano has set an example for good government and stewardship of historical resources, which influenced awarding of the grant. She advised that this National Endowment for Humanities Grant Fund Award was one out of only a few that have been received over the years in the western United States, and would consist of a series of exhibits and lectures. 2. PROCLAMATION - PUBLIC WORKS WEEK, MAY 18 THROUGH 24, 1986 (114.2/102.701) Written Communications: Report dated May 20, 1986, from the Director of Public Works, forwarding a Resolution recognizing the important role played by the public works officials in the safety, health, and well-being of the community. Mayor Friess read the Proclamation in full and, with the consensus of Council, declared the week of May 18 through 24, 1986, as Public Works Week. The proclamation was presented to John Jones, Superintendent of Public Works. -2- 5/20/86 CONSENT CALENDAR + 1 9 It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim 1. APPROVAL OF WARRANTS (202.2) The List of Demands dated May 7, 1986, Warrant Register No. 86-111, in the total amount of $1,912,856.22, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1) The City Treasurer's Report of Investments as of April 30, 1986, in the total amount of $9,055,000.00, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINi The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as of April 30, 1986, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20) The City Treasurer's Report of Fund Cash Balances as of March 31, 1986, in the total amount of $137,898.92, was approved as submitted. 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4) The Report dated May 20, 1986, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of May 12, 1986, was ordered received and filed. 6. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS The Report dated May 20, 1986, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of April 22, 1986, was ordered received and filed. -3- 5/20/86 4 2 07. PLANS AND SPECIFICATIONS AND CALL FOR BIDS - CITY YARD PAVING (302.11) As set forth in the report dated May 20, 1986, from the Director of Public Works, the plans and specifications for the City Yard Paving project were approved and staff was authorized to call for bids. The Engineer's estimate was $41,500; funds in the amount of $135,000 were budgeted in Account No. 06-4715-530 for city yard improvements. 8. RANCHO MISSION VIEJO HEADQUARTERS - SANITARY SEWERLINE CAPACITY AGREEMENT (SANTA MARGARITA WATER DISTRICT) As set forth in the report dated May 20, 1986, from the Director of Public Works, the agreement between the City and the Santa Margarita Water District for sanitary sewerline capacity and sewer service for the Rancho Mission Viejo headquarters was approved; the Mayor and City Clerk were authorized to execute the agreement on behalf of the City. The agreement will be effective for a five-year period ending May 20, 1991, and may be extended in one-year increments. The agreement set a base assessment amount of $300 semi-annually and included a flat 4 percent annual rate adjustment. 9. RESOLUTION ESTABLISHING APPROPRIATION LIMITS - 1986-87 FISCAL YEAR (205.86) The following Resolution setting an appropriation limit for the 1986-87 fiscal year at $15,265,982.00, excluding the Debt Service Fund, Enterprise Funds, Special Districts and Assessment Funds, was adopted: RESOLUTION NO. 86-5-20-2, ESTABLISHING APPROPRIATION LIMITS - 1986-87 FISCAL YEAR - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING APPROPRIATION LIMITS FOR 1986-87 FISCAL PERIOD 10. REPORT OF PLANNING COMMISSION ACTIONS (140.4 The Report dated May 20, 1986, from the Director of Community Planning and Development, regarding actions taken by the Planning Commission at their meeting of May 13, 1986, was ordered received and filed. PUBLIC HEARINGS 1. TENTATIVE PARCEL MAP 86-128, TRACT 6381 (STONERIDGE/FREDRICKS DEVELOPMENT) (316.3) This Hearing was continued from the meeting of May 6, 1986. -4- 5/20/86 421 Written Communications: Report dated May 20, 1986, from the Director of Community Planning and Development, noting the item had been continued due to concerns regarding payment of Homeowner Association fees upon consolidation of the two lots. The report advised the applicant intended to pay two homeowner association fees, and a condition requiring payment of fees for two lots had been included in the Resolution of approval. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Negative Declaration: It was moved by Councilman Hausdorfer, seconded by Councilman Bland, and unanimously carried to certify issuance of the Negative Declaration. Approval of Tentative Parcel Map 86-128: It was moved by Councilman Hausdorfer, seconded by Councilman Bland, that the following Resolution be adopted: 86-5-20-3 f'ii (FREDRICKS DEVEWYMENT CUAVURATIUN) - R AZDULUIlVN � THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 86-128 (FREDRICKS DEVELOPMENT CORPORATION) The motion carried by the following vote: AYES: NOES: ABSENT: 2. TENTATIVE PA Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess None Councilman Buchheim LOCATED AT 31471 AGU Proposal: Consideration of a request to subdivide 3.2516 acres located at 31471 Aguacate Road into two parcels. The property is zoned EL (Large Estate); single-family residences surround the property. One single-family dwelling currently exists on the parcel. Applicant: Mr. and Mrs. Bruce Patterson, 31471 Aguacate Road, San Juan Capistrano. Written Communications: (1) Report dated May 20, 1986, from the Director of Community Planning and Development, forwarding a recommendation of approval. -5- 5/20/86 4 2 2 (2) Memorandum dated May 16, 1986, from the Director of Community Planning and Development and the Director of Public Works, setting forth a means of obtaining an alternate access for Parcel 2 in order to avoid increased traffic on Sacarama Lane. The alternative included acceptance of an irrevocable offer for right-of-way for the extension of Via Estelita as recorded in Parcel Map 73-15. Right-of-way would be taken over an existing lot and the affected property owner had expressed opposition. The report recommended consideration of the option and a continuation of the Hearing in order to notify affected property owners and receive their input. Exhibits were on display, and Tom Tomlinson, City Planner, made an oral report, discussing the proposed alternate access. He advised that the applicant concurred with the recommended continuation of the Hearing. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Continuation of Hearing: It was moved by Councilman Schwartze, seconded by Councilman Bland, and unanimously carried to continue the Public Hearing to the meeting of June 17, 1986. 3. GENERAL PLAN AMENDMENT, REZONE 86-1, AND TENTATIVE 11634 (BATHGATE RANCH PLANNED COMMUNITY/KAISER) Written Communications: (1) Report dated May 20, 1986, from the Director of Community Planning and Development, advising that the Planning Commission was awaiting submission of revised plans for the subject project and recommending continuation of the Hearing. (2) Letter dated May 20, 1986, from Henry Hsiao, Taiwan Farm, 26661 Stetson Place, Laguna Hills, 92653, setting forth concerns regarding access and flood control resulting from the development as proposed. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following person responded: (1) Larry Streelman, 25701 Windjammer Drive, requested that he be notified of anything pertaining to the item. There being no further response, Mayor Friess closed the Hearing with the right to re -open at any time. -6- 5/20/86 Continuation of Hearing: 423 It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, and unanimously carried to continue the Public Hearing to the meeting of June 17, 1986. 4. GENERAL PLAN AMENDMENT 86-2, ARCHITECTURAL CONTROL 85-3 AND Proposal: Consideration of a proposed General Plan Amendment from 2.7 (Recreation Commercial) to 3.1 (General Commercial), and a rezone from AG (General Agriculture) to CO (Office Commercial) for a 3.54 -acre parcel located adjacent to the San Diego Freeway at the eastern terminus of Junipero Serra Road at Rancho Viejo Road. Surrounding uses include a proposed medical office facility to the north, single-family residential to the east, industrial to the south, and the Interstate 5 freeway to the west. The proposal includes a site plan for a 38,497 -square -foot office complex. Applicant: Junipero Serra Partnership, No. 1 Brookhollow, Santa Ana, 92705. Written Communications: (1) Report dated May 20, 1986, from the Director of Community Planning and Development, forwarding background information and a recommendation to concur with the proposed General Plan Amendment, approve the proposed Rezone, and rescind the Planning Commission's denial of the Architectural Control. The report advised that the Commission had approved the General Plan Amendment and Rezone, and denied the Architectural Control based upon concern regarding the height of the wall mass of the building, intensity of the building in conjunction with an adjacent residential area, height of the structure giving the appearance of a three-story building, grading on the hillside, appearance of large view mass from the west view corridor, and the determination that the project was not in keeping with the small, village -like character of the community. (2) Memorandum dated May 20, 1986, from the Director of Community Planning and Development, advising that road improvements only, along Rancho Viejo Road at the project site area, would require 29,000 to 32,000 cubic yards of cut and excavation. Exhibits were on display and Tom Tomlinson, Senior Planner, made an oral presentation and noted that the plans on display were revisions made in response to the Environmental Impact Report. He outlined the proposal and discussed grading and landform alterations. He advised that the applicant and developer had requested that the item be continued. -7- 5/20/86 Public Hearing: 424 Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following person responded: (1) Dean Steinke, 26501 Park Circle, cited traffic and safety concerns, the vacancy factor for commercial buildings, and concerns regarding amending the General Plan. There being no further response, Mayor Friess closed the Hearing with the right to re -open at any time. The Director of Community Planning and Development stated the applicant had an interest in redesigning the project and suggested a 60- to 90 -day continuance. Walter Gaynor, President, Republic Commercial Company, 22952 Alcalde Drive, Suite 140, Laguna Hills, 92653, stated they would look at alternatives and requested the item be reconsidered at an earlier time. Continuation of Hearing: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, and unanimously carried to continue the item to the meeting of June 17, 1986. 5. GENERAL PLAN AMENDMENT 86-2E - MEREDITH CANYON (314.15) Proposal: Consideration of a request to increase the density limitations in order to provide for the development of new single-family homes on 2.35 acres located west of the intersection of Avenida Pescador and Calle Miramar. The site was previously graded to accommodate construction of Avenida Pescador and to grade Lots 11 through 15 of the Connemara tract. The request would change the General Plan designation from Low Density Residential (1.2) to Medium Low Density Residential (1.3) and Open Space (2.0), which would allow for additional residential development in the Meredith Canyon area. Applicant/Property Owner: Meredith Canyon Community Association, P. O. Box 2817, Capistrano Beach, 92624-0817, Attention Carol Frazier. Written Communications: (1) Report dated May 20, 1986, from the Director of Community Planning and Development, advising that the Meredith Canyon development (Tracts 8087 and 8319) was approved under a previous General Plan designation which permitted 186 dwellings; that the permitted density under the present General Plan was already exceeded by 12 units and the creation of additional residences within Areas 1 and 2 was not consistent with the current General Plan Land Use designation. The report forwarded a recommendation of concurrence with the proposed General Plan Amendment. -8- 5/20/86 (2) Letter dated May 17, 1986, from Michael D. Farrier, 4 25 33702 Avenida Calita, San Juan Capistrano, advising that his property abuts Lot A, Tract 8319, and in 1984 suffered slope failure as a result of a drainage problem originating on Lot A and adjacent property owned by Moreland Development Company. The letter noted that conditions have not yet been resolved to prevent a major landslide and additional property damage and requested deferral of action on the item until the current condition of the property is corrected. Exhibits were on display and the Director of Community Planning and Development made an oral report, advising that the area had become a problem following development of the Connemara tract. He noted that the two developments had been working together to solve the problem and that the current expectations were to construct one unit on Area 1 and to extend Lots 11 through 15 of the Connemara tract over Area 2. He advised that Mr. Farrier had been contacted and advised that the solution to his problem was related to this action. Mr. Farrier had agreed to withdraw his objection upon inclusion of additional language in the approval which would prohibit development and use of this area until the existing drainage situation was corrected. Mr. Merrell recommended that the following conditions be added to the resolution of approval: (1) Prior to use or development of Area 1 or 2 for residential purposes, the property owner shall be responsible for the correction of any and all existing drainage or other grading problems. (2) Prior to issuance of any building or grading permits, the applicant shall demonstrate to the satisfaction of the Director of Community Planning and Development that the subject property is capable of accommodating the proposed development relative to slope subsidence or drainage problems. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following person responded: (1) Dolf Keller, Vice President of Meredith Canyon Community Association, spoke in support of the item, stating that the Association intends to clean up drainage and cosmetic problems. He advised they were considering a maximum of two residences on the site and expressed appreciation for the cooperation received from the City and owners of the Connemara tract. There being no further response, Mayor Friess closed the Hearing with the right to re -open at any time. -9- 5/20/86 4:26 Concurrence with General Plan Amendment 86-2E: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, and unanimously carried to indicate concurrence with the proposed General Plan Amendment 86-2E with the two additions to the Master Resolution as set forth by the Director of Community Planning and Development. A Master Resolution for all items of this amendment has been prepared incorporating specific findings and changes and was — scheduled later on the agenda. RECESS AND RECONVENE Council recessed at 7:45 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:48 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. 1986-91 BUDGET CALENDAR (205.86) Written Communications: Report dated May 20, 1986, from the Assistant City Manager, forwarding a schedule for review and consideration of the 1986-91 budget. The report advised that since the fiscal year begins on a regular meeting date, the budget would be presented for adoption on July 1st. Approval of Budget Calendar: It was moved by Councilman Bland, seconded by Councilman Schwartze, and unanimously carried to approve the following budget calendar: June 10 - Adjourned Regular Meeting (Public Hearing/Workshop) June 17 - Regular City Council Meeting (continued Public Hearing) June 24 - Adjourned Regular Meeting (workshop if necessary) July 1 - Adoption of 1986-91 Fiscal Budget. 2. PROPOSED RE -ORGANIZATION OF COMMUNITY PLANNING AND DEVELOPMENT DEPARTMENT (102.801/500.1) Written Communications: Report dated May 20, 1986, from the City Manager, _ recommending a re -organization of the Community Planning and Development Department to better serve the current needs of the City. The re -organization would retain three divisions: Community Planning, Community Development, and Development Services. The Community Planning Division would focus on planning; the Community Development Division would focus on economic development; and, Development Services would expand the former Building and Safety Division to encompass all -10- 5/20/86 areas of development, including all ministerial functions 4 27 formerly administered by both Planning and Building and Safety, all permit processing and all field, code, and zoning enforcement. The report advised that the re -organization would create new job descriptions and new titles for revised positions, which must be added to the Classification and Compensation Plan. The re -organization will not be fully implemented until after July 1. When,the re -organization is implemented, titles which are no longer necessary will be deleted from the classification chart. roval of Re ssification of Personnel It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, to approve the re -organization of the Department of Community Planning and Development and to adopt the following Resolution: RESOLUTION NO. 86-5-20-4, AMENDING CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NOS. 82-9-21-4 AND 84-12-4-10, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (CLASS TITLE, DESCRIPTION, COMPENSATION) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. RESOLUTION FOR FINAL ACTION ON GENERAL PLAN AMENDMENT 86-2 (OPEN SPACE/CONSERVATION: MEREDITH CANYON) (314.15) Written Communications: Report dated May 20, 1986, from the Director of Community Planning and Development, advising that over the past several months, the Planning Commission and City Council reviewed a number of General Plan Amendments as part of General Plan Amendment 86-2. The proposed Amendment included three sections relating to: changing the text of the Open Space and Conservation Element to provide for tree trimming guidelines; changing the Land Use Designation from Recreation Commercial (2.7) to General Commercial (3.1) for the San Juan Corporate Plaza site; and, changing the Land Use Designation from Low Density Residential (1.2) to Medium -Low Density Residential (1.3) and Open Space (2.0) for the Meredith Canyon development. The report forwarded a -11- 5/20/86 4 2 8 "master" resolution incorporating the specific findings and changes for all items. Due to continuation of the Public Hearing on the San Juan Corporate Plaza, that item was deleted from the resolution of approval. Approval of General Plan Amendment 86-2: It was moved by Councilman Hausdorfer, seconded by Councilman Bland, that the following Resolution be adopted with the deletion of San Juan Corporate Plaza and the two added conditions relating to the Meredith Canyon item: RESOLUTION NO. 86-5-20-5, GENERAL PLAN AMENDMENT 86-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN AS FOLLOWS: (A) ADDITIONS TO THE TEXT OF THE OPEN SPACE AND CONSERVATION ELEMENT: AND, (B) CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM -LOW DENSITY RESIDENTIAL AND OPEN SPACE FOR MEREDITH CANYON The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim 2. ORDINANCE AMENDING TITLE 8 OF THE MUNICIPAL CODE - BUILDING REGULATIONS - FEES (INTRODUCTION) (202.1/418.1) Written Communications: Report dated May 20, 1986, from the Director of Community Planning and Development, noting that flat fees specifically charged by the Municipal Code for issuance of building permits have no prescribed method for periodic updating and that such fees have not been updated since their initial adoption in 1978. The report forwarded an Ordinance updating fixed fee charges to more accurately reflect current costs for providing services; the ordinance included a method for periodic updating of the flat fees. ARproval of Amended Building Permit Fees: 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 Schwartze, that the following Ordinance be introduced: AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE - BUILDING REGULATIONS - FEES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 8, CHAPTER 1, OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE - BUILDING REGULATIONS - FEES -12- 5/20/86 3. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim 86-1 - PROJECT 429 • Written Communications: Report dated May 20, 1986, from the Director of Community Planning and Development, forwarding a Resolution determining that no project area committee is required for the proposed Redevelopment Plan Amendment 86-1, pursuant to California Community Redevelopment Law (Health and Safety Code Section 33385). No Need to Form Project Area Committee: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, that the following Resolution be adopted: UTION NO. 86-5-20-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF S JUAN CAPISTRANO, CALIFORNIA, DETERMINING THAT NO PROJECT AREA COMMITTEE IS REQUIRED FOR A PROPOSED ADDITION TO THE CENTRAL REDEVELOPMENT PROJECT (REDEVELOPMENT PLAN AMENDMENT 86-1) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim 4. DEVELOPMENT AGREEMENT FOR ON-SITE AND OFF-SITE GRADING AND IMPROVEMENTS. PLANTING AND LANDSCAPING - PORTIONS OF Written Communications: (1) Report dated May 20, 1986, from the Director of Community Planning and Development, forwarding a Development Agreement between the City and Glenfed Development Corporation in conjunction with the application for grading and on-site improvement permits for Tracts 12423 and 12262, Lomas San Juan, Parcels E -13- 5/20/86 3 O and F. The report also forwarded a Resolution amending the conditions of approval for the tracts to allow issuance of the grading permit prior to completion of the soils subsidence insurance program. The amendment was necessary to take advantage of the dry -season for grading while the soils subsidence program was being finaled. The report advised that the Development Agreement specified that the soils subsidence insurance program would be in place within ninety (90) calendar days after issuance of Grading Permit No. 603G. (2) Letter dated May 14, 1986, from Michael L. Hines, Assistant Vice President, Project Manager, Glenfed Development Corporation, 16601 Ventura Boulevard, Encino, 91436, outlining procedures which will be implemented to minimize the grading impact on neighboring properties. Exhibits were on display and the Director of Community Planning and Development made an oral presentation, discussing sequencing and visual aspects of the grading that will be completed during the first and second years of the project. He discussed key issues of the Development Agreement, including the grading, construction access and soil subsidence insurance. He noted that it was impossible to obtain traditional forms of insurance and that the applicant was working on a combination program involving self-insurance and a warranty; that the applicant was unable to comply with the condition requiring that the soil subsidence insurance be in place prior to issuance of grading permits; and, unless the applicant delayed grading for another year, relief from the condition was required. Council discussed alternative access and haul routes; hours of construction operation; and, Glenfed's warranty of their grading. Council further cited concerns regarding the City's liability and bonding required for any subsequent slope failures. Amendment to Conditions of Approval: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, that the following Resolution be adopted: RESOLUTION NO. 86-5-20-7, AMENDMENT TO RESOLUTIONS NOS. 85-12-3-5 AND 85-12-3-6 RE SOILS SUBSIDENCE INSURANCE - TENTATIVE TRACTS 12262 AND 12423 (GLENDALE FEDERAL/LOMAS SAN JUAN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTIONS NOS. 85-12-3-5 AND 85-12-3-6 RELATING TO SOIL SUBSIDENCE INSURANCE - TENTATIVE TRACTS 12262 AND 12423 (GLENDALE FEDERAL/LOMAS SAN JUAN) -14- 5/20/86 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim 431 Approval of Development Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, and unanimously carried to approve Development Agreement for On -Site and Off -Site Grading, Improvements, Landscaping and Irrigation between the City and Glenfed Development Corporation. The Mayor and City Clerk were authorized to execute the Agreement on behalf the City. the City Clerk was authorized to forward the Agreement to the Orange County Recorder's Office. DIRECTOR OF PUBLIC WORKS the of 1. SERRA BUDGET - GENERAL FUND, PROJECT COMMITTEES NOS. 2, 5, AND 15 (SERRA) (151.2/151.4) Written Communications: Report dated May 20, 1986, from the Director of Public Works, forwarding budgets adopted by the SERRA Board of Directors for the General Fund, Project Committee No. 2, which finances the maintenance and operations of the Treatment Plant; Project Committee No. 5, which finances the operation and maintenance of the Ocean Outfall and Pump Stations; and, Project Committee No. 15, which provides for the management and administration of SERRA. Approval of City's Participation: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, and unanimously carried to approve the City's participation in the SERRA Operational Budgets, as follows: General Fund - $12,710 Project Committee 2 - $756-201 Project Committee 5 - $39,536 Project Committee 16 II - $17,095 Project Committee 19 - $9,146 Disaster Fund - $1,275 The expenditures will be budgeted in the Sewer Enterprise Fund Account No. 07. ORDINANCES 1. APPROVAL OF REZONE 85-3 (ROSAN RANCH PLANNED DEVELOPMENT Written Communications: Report dated May 20, 1986, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 6, 1986, and was scheduled for adoption. -15- 5/20/86 432 The Director of Community Planning and Development suggested the words "or the 26,000 square -foot hotel alternative" be added to Condition 11, line 5, following the word "alternative," in order to clarify that the hotel alternative, as well as the office building alternative, would be allowed for increased square footage for Area 2. The City Attorney advised that Ordinance met the original intent and could be adopted at this time. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Bland, that the following Ordinance be adopted with the amendment to Condition No. 11: ORDINANCE NO. 569, REZONE 85-3 DEVELOPMENT COMPANY) - AN ORDI SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S PARCELS NOS. 121-240-19, 121-240-24, AND 121-240-25 FROM CM (COMMERCIAL MANUFACTURING) TO PD (PLANNED DEVELOPMENT COMPANY) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim AMENDMENT TO TITLE 5 OF THE MUNICIPAL CODE - PARADE PERMITS (ADOPTION) (211.8/211.13) Written Communications: Report dated May 20, 1986, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 6, 1986, and was scheduled for adoption. Since this Ordinance was not introduced as part of a Public Hearing, the City Attorney advised that Councilman Schwartze was eligible to vote. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Bland, that the following Ordinance be adopted: -16- 5/20/86 ORDINANCE NO. 570, AMENDMENT TO TITLE 5 OF THE 4 3 3 MUNICIPAL CODE RELATING TO THE ISSUANCE OF PARADE PERMIT APPLICATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 5-11.05 OF CHAPTER 11, "PARADES" RELATING TO THE ISSUANCE OF PARADE PERMIT APPLICATIONS The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim 3. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - Written Communications: Report dated May 20, 1986, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 6, 1986, and was scheduled for adoption. Since this Ordinance was not introduced as part of a Public Hearing, the City Attorney advised that Councilman Schwartze was eligible to vote. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Bland, seconded by Councilman Hausdorfer, that the following Ordinance be adopted: 571, AMENDMENT TO TITLE 4 OF THE - ESTABLISHING WEIGHT LIMITS ON STREETS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.801, ARTICLE 8, TITLE 4, OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE ESTABLISHING WEIGHT LIMITS ON CITY STREETS The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim -17- 5/20/86 4 3 4 COUNCIL REMARKS 1. MARCO FORSTER ATHLETIC FIELDS (118.1 Councilman Hausdorfer expressed appreciation for the report received on the Marco Forster athletic fields and suggested that restroom facilities be included in this year's budget. He requested that Council be kept up to date on activities at Marco Forster. 2. "NO ON DRUGS" DAY, THURSDAY, MAY 22, 1986 (106.12) It was moved by Councilman Hausdorfer, seconded by Councilman Bland, that the following Resolution be adopted: RESOLUTION NO. 86-5-20-8, "NO ON DRUGS" DAY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EMPHATICALLY SUPPORTING MAY 22, 1986, AS NATIONAL "NO ON DRUGS" DAY The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim 3. ORTEGA HIGHWAY/EQUESTRIAN TRAILS (801.4/704.3) Councilman Hausdorfer suggested monitoring of Ortega Highway with regard to trash, trucks, and speed and requested that the use of inmate crews for Ortega Highway clean-up be considered. He further suggested that the Equestrian Study Committee consider the use of inmate crews for equestrian trail maintenance. 4. DEL OBISPO STREET (912.5) Councilman Bland noted letters had been received regarding the difficulty of left turn movements onto Del Obispo Street from the private street next to Paseo de la Paz, and off Del Obispo onto Avenida Pedregal. He suggested consideration be given to alleviating the situations and was advised that part of the solution could only be achieved with County cooperation. 5. PARK 'N RIDE FACILITY (108.2) Councilman Bland noted the condition of landscaping at the Park 'N Ride facility on Rancho Viejo Road and staff was directed to forward a letter to Caltrans with copies to Senator Bergeson and Assemblyman Ferguson. -18- 5/20/86 6. COMMUNITY PARKLAND ACT OF 1986 - PROPOSITION 43 (411.1) 4 35 It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, that the following Resolution be adopted: RESOLUTION NO. 86-5-20-9, SUPPORTING PROPOSITION 43 (COMMUNITY PARKLAND ACT OF 1986) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING PROPOSITION 43 (COMMUNITY PARKLAND ACT OF 1986), WHICH PLACES BEFORE THE VOTERS OF CALIFORNIA ON JUNE 3, 1986, A MEASURE TO PROVIDE FUNDING FOR PARKS AND RECREATIONAL LAND ACQUISITION, RESTORATION, DEVELOPMENT, AND OTHER RELATED PURPOSES The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim 7. FOUR OAKS PARK (703.11) Mayor Friess noted complaints received regarding drinking and subsequent littering at Four Oaks Park and requested Sheriff enforcement to curb the problem 8. MOTORCYCLE ACTIVITY (805.1 Mayor Friess noted an increase in after-school and weekend motorcycle activity on the old dump road and in San Juan Creek. 9. LIBRARY LANDSCAPING (702.1 Mayor Friess was advised that plans are being prepared to landscape the hill between the library and the tennis courts. CLOSED SESSION Council recessed to a Closed Session at 8:45 p.m., for discussion of personnel matters and pending litigation pursuant to Government Code Section 54966.9(c), the Deputy City Clerk being excused therefrom, and reconvened at 10:05 p.m. -19- 5/20/86 436 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:05 p.m., to the next regular meeting date of Tuesday, June 3, 1986, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, MARY ANN HANOVER, CITY CLERK By Cheryl Jo ns n, Deputy City Clerk/ Recording Secretary ATTEST: -20- 5/20/86