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84-0207_CC_Minutes_Regular Meeting1 February 7, 1984 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 7:06 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Michael Carlisle, Capistrano Valley Baptist Church. ROLL CALL PRESENT: Anthony L. Bland, Mayor Gary L. Hausdorfer, Mayor pro tem Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Robert G. Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Tom Tomlinson, Senior Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson, Recording Secretary. MTNTTTES Regular Meeting of January 17, 1984: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of January 17, 1984, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None Adjourned Regular Meeting of January 20, 1984: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the Minutes of the Adjourned Regular Meeting of January 20, 1984, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None -1- 2/7/84 2 MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Schwartze that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION - ENGINEERS' WEEK, FEBRUARY 19-25, 1984 (71) Written Communications: Report dated February 7, 1984, from the City Clerk, forwarding a Proclamation to acknowledge individuals who provide vital public engineering services to local communities. Engineers' Week: With the concurrence of Council, Mayor Bland proclaimed the week of February 19, 1984, through February 25, 1984, as "Engineers' Week." ORAL COMMUNICATIONS 1. (72) Gus Owen, 31401 Aguacate Road, requested Planning Commission (62) review of an equestrian facility proposed by Mr. Jimmy Kohn on a 5 -acre parcel in the vicinity of Aguacate Private Drive and Sacarama Lane. He stated that the proposal fits a commercial use and expressed concern regarding access to the project. Mr. Owen submitted documentation which included: (1) a site plan; (2) a letter dated February 6th from Mr. Owen to Mayor Bland, stating that a commercial business would be incompatible with the residential neighborhood; (3) a letter dated December 22, 1983, from Tom Tomlinson, Senior Planner, to Jimmy Kohn, advising that a conditional use permit would be necessary if the intent of the project was to board, keep, breed or train horses; and, (4) a letter dated February 7th from Dudley Brand, 31585 Sacarama Lane, to the Council, in opposition to the project. Referral to Planning Commission: There was a consensus of Council that the matter be referred to the Planning Commission for review. -2- 2/7/84 Dudley Brand, 31585 Sacarama Lane, spoke in opposition to the project and submitted a letter dated February 7, 1984, listing legal objections and possible solutions to the matter. 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, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated February 7, 1984, Warrant Register No. 84-081, in the total amount of $646,917.49, was approved as submitted. 2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (41) The City Treasurer's Report of Fund Cash Balances as of December 31, 1983, was approved as submitted. 3. REPORT OF ACTIONS (23) The Report dated February 7, 1984, from the Secretary of the Cultural Heritage Commission, regarding actions taken at the meeting of January 26, 1984, was ordered received and filed. 4. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JANUARY 23, 1984 (23) The Report dated February 7, 1984, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of January 23, 1984, was ordered received and filed. 5. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS OF T ar wT11M nv 1C 1n0A (62) The Report dated February 7, 1984, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of January 16, 1984, was ordered received and filed. 6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS OF JANUARY 22 AND JANUARY 25, 1984 (23) The Report dated February 7, 1984, from the Secretary of the Traffic and Transportation Commission, regarding actions -3- 2/7/84 A «� taken at the meetings of January 11 and 25, 1984, was ordered received and filed. 7. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY, PARCEL MAP 80-851 (CROW -SAN JUAN RANCH) (38-#366) (38) As set forth in the report dated February 7, 1984, from the _ (85) Director of Public Works, the public improvements for Parcel Map 80-851 were completed and accepted by the City Inspector, with the exception of isolated slope easements deficient in landscape coverage which will be relandscaped by the developer. Acceptance of Work: The following Resolution was adopted: UTION NO. 84-2-7-1, COMPLETION OF PUBLIC vRMT MMQ - DADrRT_ MAD R!1-QS1 /00nT.T-CART TTT RANCH) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - PARCEL MAP 80-851 (CROW -SAN JUAN RANCH) The Resolution accepts the project as complete and directs the City Clerk to forward the Notice of Completion to the County Recorder. Release of Surety: The following bond from Federal Insurance Company was extended to February 7, 1985: Bond Number Amount Fa thful Performance 8089 5840 1,820,000 Authorization was granted to release the bond following successful completion of a one-year maintenance period and completion of all landscaping requirements. The following bonds from Federal Insurance Company are to be released upon expiration of 35 days from recordation of the Notice of Completion: Monumentation 8089 5841 $ 7,500 Labor and Materials 8089-5840 450,000 8. ACCEPTANCE OF DEED OF TRUST, LOT 20, TRACT 6169, 26391 CALLE ROBERTO (MULLER) (38-#407) (38) As set forth in the report dated February 7, 1984, from the (85) Director of Public Works, the deed of trust from Mr. Stephen Muller, as a surety for the extension of Alipaz Street and removal or protection of Mr. Muller's swimming pool as required in an agreement dated February 1, 1983, was accepted and the City Clerk was directed to record the document. -4- 2/7/84 9. CLAIM AGAINST THE CITY (WISENER) (35) The Claim in the amount of $4,200.00, filed on October 19, 1983, by the Ohio Casualty Group of Insurance Companies, on behalf of Charles M. Wisener, for damages allegedly sustained as a result of a vehicle fire at the west end of Ramos Street on August 6, 1983, was denied and referred to the City's Claims Adjuster, Carl Warren Insurance, as set forth in the report dated February 7, 1984, from the City Clerk. 10. LIBRARY CONTRACT CHANGE ORDER NO. 21 - MISCELLANEOUS ITEMS (52) As set forth in the report dated February 7, 1984, from the Senior Administrative Assistant, Library Contract Change Order No. 21, for the San Juan Capistrano Library Project, in the amount of $2,019.96, for miscellaneous items, and a time extension to October 31, 1984, were approved. PUBLIC HEARINGS VEHICLE CODE IN PRIVATE PARKING FACILITIES (70) Proposal: Enforcement of the Vehicle Code in the privately -owned Depot parking lot, due to concerns expressed by the owners about use of the lot as a "downtown bypass" and safety of pedestrians. Applicant: The Capistrano Depot, 26701 Verdugo Street, San Juan Capistrano, Jim and Pete Tyson, owners. Written Communications: Report dated February 7, 1984, from the Senior Administrative Assistant, forwarding a request from Jim Tyson, owner of the Capistrano Depot, for enforcement of the Vehicle Code and posting of the private parking lot. 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. Enforcement of Vehicle Code: It was moved by CounFiTlman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 84-2-7-2, VEHICLE CODE ENFORCEMENT - CAPISTRANO DEPOT PARKING FACILITY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR APPLICATION OF THE CALIFORNIA -5- 2/7/84 VEHICLE CODE TO THE PRIVATELY -OWNED OFF-STREET PARKING FACILITY OF THE CAPISTRANO DEPOT The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None The City will install the appropriate signs, including 15 mile -per -hour speed limit signs. 2. GROWTH MANAGEMENT RESIDENTIAL ALLOCATION SCHEDULE (28) Proposal: Adoption of a Residential Allocation Schedule for the four-year period 1984-1987, in accordance with Section 9-7.09 of the Municipal Code. Applicant: This was a City -initiated Hearing. Written Communications: Report dated February 7, 1984, from the Director of Community Planning and Development, forwarding the Planning Commission recommendation to approve the Residential Allocation Schedule for the four-year period. 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 Residential Allocation Schedule: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 84-2-7-3, RESIDENTIAL ALLOCATION SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A RESIDENTIAL ALLOCATION SCHEDULE FOR THE YEARS 1984, 1985, 1986, AND 1987 IN ACCORDANCE WITH SECTIONS 9-7.09 AND 9-7.10 OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None -6- 2/7/84 7 The Resolution adopts the following allocations: 1984 - 400 1985 - 386 1986 - 305 1987 - 300 Methods for Granting Exceptions: Councilman Hausdorfer stated concerns that a method be devised to grant exceptions to the Growth Management Ordinance for projects that have merit and would benefit residents by adding allocations or redistributing existing allocations. There was a consensus to direct staff to consider methods of granting exceptions and to report back to Council within 45 days to outline measures that might be taken. 3. TENTATIVE PARCEL MAP 83-864 - PROPOSED AUTO REPAIR AND RETAIL SERVICE CENTER (SUN -ON ENTERPRISES) (85) This Public Hearing was continued from the meeting of January 17, 1984. Proposal: Consideration of a parcel map submitted in conjunction with a proposed auto repair and retail service center, to subdivide a 3.93 -acre lot located immediately north of Barwick Datsun on Camino Capistrano, into three parcels. Parcels 1 and 2 would provide approximately 46,472 square feet of combined uses, including retail auto parts, office and service/repair activities; Parcel 3 would provide a combination 19,200 -square -foot office/warehouse. Applicant: M. D. Le Gros, 323 West Court Street, Suite 406, San Bernardino, 92401. Property Owner: Sun -On Enterprises, 12020-A Centpalia Road, Hawaiian Gardens, 90716. Written Communications: Report dated February 7, 1984, from the Director of Community Planning and Development, forwarding background information and the Planning Commission recommendation of approval. Tom Tomlinson, Senior Planner, advised that the item had been continued for settlement of escrow on the property; that escrow had been terminated and Sun -On Enterprises remained the property owner. He advised that the new applicant wished to continue the process previously started and to resubmit plans; that revised plans are to be reviewed by the Architectural Board of Review and Planning Commission prior to approval of the Final Map. He noted that approval of the Tentative Parcel Map had been recommended since no major revisions were foreseen. -7- 2/7/84 Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded: (1) Jerry Appleget, project engineer 41010 Tara Lane, Hemet, 92343, advised that the applicant proposed to continue with the project as outlined in the report. (2) Richard Read, 4800 Pacific Highway, San Diego, 92110, previous developer, requested the item be continued for resolution of problems regarding proprietary rights to the project. (3) Marvin D. Le Gros, applicant, 31188 Ashforth Drive, Redlands, 92373,advised that Sun -On Enterprises will redesign the project and does not intend to use material belonging to Mr. Read. There being no further response, Mayor Bland closed the Hearing with the right to re -open at any time. Negative Declaration: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to certify the issuance of a Negative Declaration. Approval of Tentative Parcel Map: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted. With the concurrence of the second, the motion was amended to direct that Condition 1(c), regarding outside storage of motor vehicles, remain part of the CC& R's condition and also be made a separate and new condition of approval. RESOLUTION NO. 84-2-7-4 t.b ULV-ULV L'LV'1'r:KYttl Jl;bJ - H Az; ULU'1'lUN Ur'1'riC OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 83-864 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None 4. REZONE 83-5, VILLA DEL OBISPO (CALIFORNIA RETIREMENT HOTEL, INC./COOK) (95) This Hearing was continued from the meeting of January 17, 1984. Written Communications: Report dated February 7, 1984, from the Director of W -C 2/7/84 Community Planning and Development, forwarding comments and recommendations of approval from the Architectural Board of Review and the Planning Commission and noting additional refinements of the plans. Nanette Bourne, Associate Planner, advised that the Architectural Board of Review and Planning Commission had both reviewed the revised plans and recommended approval. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following person responded: (1) John Jason, representing the applicant, Villa Del Obispo, Ltd., 245 Fischer Avenue, Costa Mesa, requested that occupancy be increased to 120 rather than 110 as recommended by staff, noting that the number of rooms will not be increased, but the additional capacity would allow for more flexibility in use of the semi -private rooms. He estimated that the project will ultimately house 116 persons. There being no further response, Mayor Bland closed the Hearing with the right to re -open at any time. Negative Declaration: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to certify the use of a Negative Declaration. Approval of Rezone 83-5: 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 Schwartze, seconded by Councilman Hausdorfer that the following Ordinance be introduced: ORDINANCE NO. 505, REZONE 83-5 (CALIFORNIA RETIREMENT HOTEL - COOK) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING OF ASSESSOR'S PARCEL NO. 121-182-39 FROM AG (GENERAL AGRICULTURE) TO IP (PUBLIC INSTITUTIONAL) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None Confirmation of Planninq Commission Approval/120 Capacity: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to confirm the action of the Planning Commission in approving AC 83-6, ZV 83-9, and CUP 83=12, with the exception that maximum capacity be set at 120 persons, as requested by the applicant. -9- 2/7/84 1 ORDINANCES 1. C�)���IN�iaF7 (55) Written Communications: Report dated February 7, 1984, from the Director of Community Planning and Development, advising that the Ordinance had been introduced at the meeting of January 17, 1984, and referred to the Planning Commission for review and report prior to adoption. The report forwards the Planning Commission recommendation of approval of the Ordinance as introduced. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the following Ordinance be adopted: ORDINANCE NO. 504, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ESTABLISHING SERVICE STATION STANDARDS - AN VAVINANCr: UrTnz l:1TY Vr- DAN JUAN l.AY1b1'AANV, CALIFORNIA, AMENDING THE SAN JUAN MUNICIPAL CODE BY ADDING SECTION 9-3.624 TO TITLE 9, CHAPTER 3, ARTICLE 6 THAT ESTABLISHES SERVICE STATION STANDARDS The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None RESOLUTIONS 1. ENVIRONMENTAL ASSESSMENT - (38) Written Communications: (74) Report dated February 7, 1984, from the Director of Public Works, forwarding the Environmental Review Board recommendation that Council adopt the project to widen Camino Capistrano from Avenida Padre to the freeway exchange and to request the Federal Highway Administration to make a finding of no significant impact. The project includes removal and reconstruction of the existing bridge and installation of a traffic signal at the intersection of Camino Capistrano and San Juan Creek Road. Funding would be provided by the County and Federal Highway Administration. -10- 2/7/84 11 - Adoption of Project: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: ION NO. 84-2-7-5, ADOPTING CAPISTRANO BRIDGE AND REQU OF SIGNIFICANT IMPACT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE RECONSTRUCTION OF THE CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK AND REQUESTING A FINDING OF NC SIGNIFICANT IMPACT (SCHEDULE NO. 07 -ORA -0 -CR, CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK, BRIDGE NO. 55C-34, M -M250 (001)) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. APPROVAL OF PROPOSAL FOR GEOTECHNICAL SERVICES - REPAIR OF cT.OPR RATTITRR.R_ TRACT 7654 (LOS CORRALES) (D. A. EVANS, (38) Written Communications: (74) Report dated February 7, 1984, from the Director of Public Works, forwarding a Letter of Proposal from D. A. Evans, Inc., for geotechnical services in connection with repair of slope failures on Lots 37-42 of Tract 7654 (Los Corrales). The proposal contains two phases: the first phase covers work necessary to prepare plans and specifications; the second phase covers observation and testing services during repair. Only the first phase was recommended for approval at the present time. Funds in the amount of $5,000 were budgeted for investigation of the slope repair. Approval of Proposal It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the Proposal from D. A. Evans, Inc., of Laguna Hills, for geotechnical evaluation and recommended repair to slopes in Tract 7654, in the amount not to exceed $4,760; Account No. 11-4440-213-938. 2. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS - REPLACEMENT OF FENCING AT TENNIS BASKETBALL COURTS (OLD CAPISTRANO HIGH SCHOOL)(38-#454) (38) Written Communications: (62) Report dated February 7, 1984, from the Director of Public Works, requesting approval of specifications for the tennis/basketball court resurfacing and refencing at the Old -11- 2/7/84 119 Capistrano High School site on Camino Capistrano. The report advises that the total cost of the project is $24,000; $14,000 had been budgeted in the 1983-84 Capital Projects Budget and adequate funds are not available in the Capital Projects Budget since revenue projections have not been met. The report recommends a loan of $24,000 from the General Fund, to be repaid when projected budget revenue is received. Approval of Specifications/Call for Bids/Loan Authorization: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to authorize the loan of $24,000 from the General Fund Reserve to the Land Use Management Fund to undertake the tennis/basketball court resurfacing and refencing. The project specifications were approved and a call for bids authorized. RECESS AND RECONVENE Council recessed at 7:55 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:56 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. DENIAL OF REQUEST FOR TAXICAB LICENSE (CAPISTRANO VALLEY YELLOW CAB) (26) Written Communications: (88) Report dated February 7, 1984, from the Senior Administrative Assistant, citing the necessary findings that must be made before a license to operate a taxicab in the City may be granted. The report advises that insurance submitted by Capistrano Valley Yellow Cab did not meet Municipal Code requirements; verification of the adequacy and safety of the taxicab was not provided; and, the Orange County Sheriff's Department recommended denial of the application. Curtis L. Linton, applicant, 4126 Calle Bienvenido, San Clemente, 92672, advised he was beginning the business, having previously worked for Veterans' Cab, and understood the requirements. Councilman Schwartze stated that if the problems were corrected, the application could be reconsidered. Denial of Request: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to deny the request of Capistrano Valley Yellow Cab for a license to operate a taxicab in the City based on the fact that the Municipal Code requirements had not been met. CITY CLERK 1. ESTABLISHMENT OF VOTING PRECINCTS, POLLING ELECTION OFFICERS - APRIL 10, 1984, MUNICI -12- 2/7/84 IPq (40) Written Communications: Report dated February 7, 1984, from the City Clerk, forwarding a Resolution setting forth the voting precincts, polling places, and election officers for the General Municipal Election to be held on April 10, 1984. The total cost for rental of the polling places and compensation of board members is estimated at $1,915; funds are budgeted in Election Account No. 01-4130-217. Adoption of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 84 -2 - PRECINCTS PLACES, AND ELECTION OFFICERS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS, AND FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION OF THE CITY ON TUESDAY, APRIL 10, 1984, CALLED BY RESOLUTION NO. 83-12-6-6 OF THE CITY COUNCIL. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None The City Clerk was authorized to amend the Resolution with regard to names, addresses, and places, if it becomes necessary to do so prior to the election. 2. STATUS REPORT - APRIL 10, 1984, MUNICIPAL ELECTION (40) Written Communications: Report dated February 7, 1984, from the City Clerk, advising that the following persons are candidates for the office of Member of the City Council: Lawrence F. Buchheim; Kenneth E. Friess, Jeffrey A. Greenspan; and, Rick L. Lund. The report also advises that Candidate's Statements are available for review for a 10 -day period beginning February 3; that each candidate filed a signed copy subscribing to the Code of Fair Campaign Practices; and, notes new polling place locations at La Sala Foyer at the new Library, and the Ocean Hills Church Farmhouse. With the concurrence of Council, Mayor Bland directed that the report be received and filed. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. OSO CREEK IMPROVEMENT PROJECT (ORANGE COUNTY FLOOD CONTROL (80) Written Communications: (1) Report dated February 7, 1984, from the Director of -13- 2/7/84 Tom Tomlinson, Senior Planner, made an oral presentation, discussing proposed alternatives, particularly the recommendation for an underground box conduit. Council concurred in support of the underground approach. Councilman Buchheim stated a need to review the General Plan with regard to the three channels in the City due to impacts of development outside the City. Elmer Christiansen, civil engineer representing the owner and optionees in conjunction with the Bathgate Ranch, stated for the record their alarm at continuing lateral and vertical erosion of the channel. He further stated that the project would have almost no effect on that continuing erosion and noted their desire to improve the channel in such a manner so that loss of land to the creek would not continue. Mr. Christiansen noted his letter of February 7th and discussed concerns that a covered box may be consistent -14- 2/7/84 �• Community Planning and Development, advising that the Planning Commission found the County's proposed design of the Oso Creek Improvement Project to be inconsistent with the General Plan. A portion of the proposed design includes a vertical concrete wall open channel; the Commission found that a rock -lined channel or underground conduit would be consistent with the General Plan. The County project extends from north of Avery to approximately 840 feet into the City. The report advises that the County agreed to include the underground concept as an alternate design for its bid package if the City would commit to paying the additional construction costs for the design. Additional costs for engineering work are estimated at $20,000; additional construction costs for the underground alternate are estimated at $200,000. (2) Letter dated January 30, 1984, from W. W. Knitz, President of the San Juan Basin Authority, P. O. Box 967, San Juan Capistrano, urging support of the Oso Creek Improvement Project as designed in order to improve water quality in the San Juan Basin due to control of non -storm low flows. (3) Letter dated February 7, 1984, from Elmer L. Christiansen, 32432-N Alipaz Street, San Juan Capistrano, citing concerns regarding the short length of the proposed improvement; the need to preserve and use buildable acreage of the Bathgate Ranch; and, stating a preference for an open channel with freeboard; or, if a covered channel box is used, it should be large enough to contain a significant rate of flood flow. The letter states concern regarding accelerated erosion of Oso Creek, particularly through the Bathgate and Williams Ranches, and urges the City to continue to work, plan and budget toward complete control of the erosive power of storm flows in the channel. Tom Tomlinson, Senior Planner, made an oral presentation, discussing proposed alternatives, particularly the recommendation for an underground box conduit. Council concurred in support of the underground approach. Councilman Buchheim stated a need to review the General Plan with regard to the three channels in the City due to impacts of development outside the City. Elmer Christiansen, civil engineer representing the owner and optionees in conjunction with the Bathgate Ranch, stated for the record their alarm at continuing lateral and vertical erosion of the channel. He further stated that the project would have almost no effect on that continuing erosion and noted their desire to improve the channel in such a manner so that loss of land to the creek would not continue. Mr. Christiansen noted his letter of February 7th and discussed concerns that a covered box may be consistent -14- 2/7/84 15 with the General Plan, but could cause problems if it were not able to handle overflow above the design flow. Discussion ensued regarding the FP 2 floodplain, design parameters, and the Gavilan Basin. Councilman Hausdorfer stated a need for clarification of the Gavilan Basin issue. Alternate Design: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to: (1) Confirm the Planning Commission findings that a concrete vertical wall channel shown on the present County plans is not consistent with the General Plan, but that rock riprap or underground conduit concepts are consistent - subject to the design measures set forth in Planning Commission Resolution No. 83-3-22-1. (2) Authorize staff to contract with Lowry & Associates to develop an alternate improvement design providing for an undergrounding conduit and low -flow surface streambed in an amount not to exceed $20,000. (3) Authorize the City Manager to negotiate a draft agreement with the County providing for construction and funding of the underground conduit design, with submittal to Council for review and approval. 2. STATUS REPORT - COLINAS DE CAPISTRANO (56) Written Communications: Report dated February 7, 1984, from the Director of Community Planning and Development, identifying concerns and suggesting mitigation measures to reduce visual impacts of the proposed storm drains and grading for Camino Los Padres in conjunction with the Colinas de Capistrano Planned Community. Tom Tomlinson, Senior Planner, made an oral presentation regarding the extension of Camino Los Padres, noting staff's recommendation that the grade be designed at 128 rather than 10%, and cited concerns with the proposed drainage design. Councilman Buchheim reiterated the need to address the issue in the General Plan. Mr. Tomlinson cited staff concerns regarding the Oso and San Juan Creek floodplains and advised that floodplain management studies will be recommended in ' the Capital Improvement Program Budget. Discussion ensued and staff was directed to coordinate efforts with regard to Colinas and the Oso Creek Channel. DIRECTOR OF PUBLIC WORKS 1. STATUS REPORT - SERRA (79) Written Communications: Report dated February 21, 1984, from the Director of Public -15- 2/7/84 16 Works, citing the SERRA Board of Directors' concern with re-establishing plant operations at more acceptable levels; noting the study of plant capacity and operational mode; and, advising that progress continues on the Solids Handling and Odor Control Facility Project, Project Committee 16. With the concurrence of Council, Mayor Bland directed that the report be received and filed. DIRECTOR OF RECREATION 1. ACCEPTANCE OF EQUESTRIAN/HIKING TRAILS - TRACT 6305 (THE HUNT CLUB) 38-#465) (62) Written Communications: (85) Report dated February 7, 1984, from the Director of Recreation, advising that an ad hoc committee had been formed to resolve the questions of public use of a trail system in a community with restricted public access together with developing a program for maintaining equestrian/hiking trails and funding the maintenance programs. The report forwards the committee's recommendations with regard to the Hunt Club. Acceptance of Equestrian/Hiking Trails: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 84-2-7-7, ACCEPTING IRREVOCABLE OFFER - TRACT 6305 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE IRREVOCABLE OFFER FOR EQUESTRIAN TRAIL PURPOSES OVER THE PERIPHERAL TRAIL OF TRACT 6305, BOOK 457, PAGES 1 THROUGH 15 (THE HUNT CLUB) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None The City Clerk was directed to record the Resolution upon repair of the peripheral trail system, as approved by the City Engineer. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the agreement relating to the maintenance of the equestrian/hiking trails in tract 6305 (The Hunt Club); to authorize the Mayor and City Clerk to execute the agreement on behalf of the City; and to direct the City Clerk to forward the agreement to the Orange County Recorder's Office for recordation. -16- 2/7/84 17 Implementation of Program: It was moved by Councilman Schwartze, seconded by Councilman Hausdor£er and unanimously carried to direct staff to proceed with the implementation of the program for acceptance of the equestrian/hiking trails in Tract 6305 as recommended by the City Council Ad Hoc Committee and set forth in the February 7, 1984, Agenda Item. 2. FALL QUARTERLY RECREATION ACTIVITIES REPORT - 1983 (62) Written Communications: Report dated February 7, 1984, from the Director of Recreation, forwarding the Quarterly Recreation Activities Report for Fall, 1983, as approved by the Parks and Recreation Commission. With the concurrence of Council, Mayor Bland ordered the report received and filed. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF JANUARY 24, 1984 (67) The Report of Actions taken by the Planning Commission at their meeting of January 24, 1984, was ordered received and filed. EQUESTRIAN COMMISSION 1. AMENDMENT TO BYLAWS - CHANGE OF MEETING TIME (23) Written Communications: Report dated February 7, 1984, from the Secretary to the Equestrian Commission, forwarding an amendment to the Commission Bylaws to change the meeting date and time from the second and fourth Mondays of the month at 5:00 p.m., to the second Monday of the month at 6:00 p.m. Approval of Amendment: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the amendment to the Bylaws changing the meeting date and time. PUBLIC FACILITIES COMMITTEE STATUS REPORT (23) Councilman Schwartze advised that additional discussions had been held with the Capistrano Unified School District and recommended that the item be continued to the meeting of February 21 to allow for discussion with the District. Councilmen Friess and Schwartze were appointed as an Ad Hoc Committee to meet with the District. -17- 2/7/84 1� COUNCIL ACTIONS 1. NOMINATIONS TO ORANGE COUNTY GRAND JURY (56) Written Communications: Report dated February 7, 1984, from the City Manager, forwarding names of individuals who expressed an interest in serving on the Orange County Grand Jury. Submittal of Names: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to offer the following names to the Orange County Grand Jury: Mary Laub, Norbert Gene Murphy, and Louis Staudenbaur. COUNCIL REMARKS 1. SIGNS - EL PEON POTTERY SALES (25) Councilman Buchheim cited a letter from Mike Darnold requesting a waiver of the sign regulations and a five-day extension in connection with his semi-annual pottery sale. Following discussion, it was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the request. 2. CITY WELCOME SIGNS - ROTARY CLUB (61) Councilman Buchheim noted that the Rotary Club will make a (25) proposal regarding welcome signs at the entrances to the City. 3. OLYMPIC FLAG FLYING (89) Councilman Buchheim noted the Rotary Club request that the City review possibilities for flying the Olympic flag. Staff was directed to develop policies. 4. HONORARY CITIZENSHIP (34) At the suggestion of Councilman Buchheim, it was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following Resolution bestowing honorary citizenship on Tony Moiso, Richard O'Neill, and families be adopted: RESOLUTION NO. 84-2-7-8, HONORARY CITIZENSHIP - RANCHO MISSION VIEJO FAMILY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING HONORARY CITIZENSHIP IN THE CITY OF SAN JUAN CAPISTRANO TO THE RANCHO MISSION VIEJO FAMILY The motion carried by the following vote: -18- 2/7/84 AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None The Resolution will be presented at the Rancho Mission Viejo annual round -up on February 11th. 5. JOHN WAYNE AIRPORT (88) Councilman Schwartze cited a letter from the City of Newport Beach regarding improvement of the John Wayne Airport. The City Manager advised that a report will be forthcoming regarding appropriate action. 6. SIGNS (82) Councilman Friess expressed appreciation for the removal of the large "For Sale" sign on property located on San Juan Creek Road at the freeway. He further requested a copy of the City's response to the letter from Tom Hribar. 7. GLENDALE FEDERAL PARKLAND (85) Councilman Friess noted continuing dumping and motorcycle activities on the Glendale Federal Parkland at La Novia and San Juan Creek Road. 8. SHERIFF'S REPORT, 1983 (70) Mayor Bland noted a reduction of crime in the City and (36) commended the Sheriff's Department. It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to direct that the Resolution of commendation be prepared. CLOSED SESSION Council recessed to a Closed Session at 8:58 p.m., for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 10:16 p.m. Councilman Buchheim was absent, having left the meeting at 9:40 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:17 p.m., to the next regular meeting date of -19- 2/7/84 20 February 21, 1984, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, MARY ANN FkB OVER, CITY CLERK ATTEST: /zse _ ANTHONY L. LAND, MAYOR -20- 217!84