83-0201_CC_Minutes_Regular Meeting53
FEBRUARY 1, 1983
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 Buchheim at
7:02 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman
Gary L. Hausdorfer.
DEDICATION OF MEETING TO MEMORY OF GREG BLAND
Councilman Hausdorfer dedicated the meeting to the memory of Greg
Bland, son of Councilman Anthony Bland, who passed away on
January 29, 1983, from injuries sustained in an automobile
accident.
ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
ABSENT: Anthony L. Bland, Mayor pro tem
Phillip R. Schwartze, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Bob Boone,
Acting Assistant City Manager/Director of Administrative
Services; William D. Murphy, Director of Public Works; Thomas G.
Merrell, Director of Community Planning and Development; James S.
Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl
Johnson, Recording Secretary.
MINUTES
Regular Meeting of January 18, 1983:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess that the Minutes of the Regular Meeting of January 18,
1983, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Hausdorfer,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Bland and Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess that all Ordinances be read by title only. The motion
carried by the following vote:
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54
4
AYES:
NOES:
Councilmen Friess, Hausdorfer,
and Mayor Buchheim
None
ABSENT: Councilmen Bland and Schwartze
PRESENTATIONS AND COMMENDATIONS
1. COMMENDATIONS - JOEY CUMIA AND JAMES W. BRANTNER
(36) Council received copies of a report dated February 1, 1983,
from the Assistant to the City Manager, forwarding
commendations for two local San Juan Capistrano residents
who performed acts of heroism in assisting law enforcement
officials in capturing criminal suspects.
Mayor Buchheim noted that on January 5, Mr. Joey Cumia
captured two robbery suspects; on January 17, Mr. James
Brantner captured a purse snatching suspect and held him for
Sheriffs' Deputies. Mayor Buchheim commended the two
gentlemen for their willingness to be good neighbors and to
get involved in helping others. Mr. Cumia and Mr. Brantner
were in attendance and Mayor Buchheim presented their
Certificates of Commendation. Captain Vito Ferlauto, Orange
County Sheriff's Department, presented Certificates of
Commendation and personal letters from the Orange County
Sheriff Brad Gates.
ORAL COMMUNICATIONS
1. PENDING STATE LEGISLATION - MOBILEHOME_RENT ORDINANCES
(51) Ed Dailey, 32371 Alipaz Street, Space 89, Associate Director
of the Golden State Mobilehome Owners League, advised that
ACR No. 9, a bill that will eliminate State pre-emption of
local ordinances dealing with mobilehome parks, will be
introduced in the State Assembly. Mr. Dailey requested City
support of the legislation, suggesting letters be forwarded
to Assemblywoman Bergeson.
Mayor Buchheim advised that the City will be in contact with
Mrs. Bergeson and the matter will be returned for Council
consideration, if appropriate.
2. COMMUNITY REDEVELOPMENT/PROCEDURES
(76) Phil Fraser, 31592 Avenida de la Vista, was advised
regarding methods of public input for the City's
redevelopment program and of the procedures for bringing
concerns to the City's attention.
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2/1/83
55
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess 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,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Bland and Schwartze
1. APPROVAL OF WARRANTS
(41) The List of Demands dated February 1, 1983, Warrant Register
No. 83-081, in the total amount of $871,012.09, was approved
as submitted.
2.
AL HERITAGE COMMISSION MEETING OF
(23) The Report dated February 1, 1983, from the Secretary of the
Cultural Heritage Commission, regarding actions taken at the
meeting of January 27, 1983, was ordered received and filed.
3. REPORT OF PARKS AND RECREATION COMMISSION MEETING OF
JANUARY 17, 1983
(62) The Report dated February 1, 1983, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of January 17, 1983, was ordered received and
filed.
4. REPORT OF TRAFFIC AND
'ATION COMMISSION MEETINGS (
(23) The Report dated February 1, 1983, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of January 12 and January 26, 1983,
was ordered received and filed.
5. SUPPLEMENTAL CLAIM FOR DAMAGES (VENTLE)
(35) The Supplemental Claim, in the amount of $50,000, filed on
January 7, 1983, by Anthony C. Duffy, Esq., on behalf of
Charles R. Ventle, for damages allegedly sustained from
sewer stoppage resulting in back-up of the sewer into the
residence on Via de Agua, was denied and referred to the
City's Claims Adjuster, Carl Warren Insurance, as set forth
in the report dated February 1, 1983, from the City Clerk.
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6. APPEAL OF PLANNING COMMISSION DECISION - RELOCATION OF
STRUCTURE TO LOS RIOS AREA
('67) As set forth in the report dated February 1, 1983, from the
City Clerk, a Hearing was set for the meeting of February
15, 1983, on the appeal filed by Attorney Bruce Pedy, on
behalf of Claudia Hirsch Mirkin, in conjunction with the
January 11, 1983, Planning Commission denial of a request
for relocation of a structure to the Los Rios area.
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION DECISION, REVOCATION OF ZONE
TTr TiTa vltT In ATO IT TTTTTOTTTi
(95) This Public Hearing was continued from the meeting of
January 4, 1983.
Written Communications:
Report dated January 4, 1983, from the Director of Community
Planning and Development, resubmitted February 1, 1983.
Mayor Buchheim advised that the parties involved, Mr.
Dunivin and Mr. Rios, had reached an agreement and would
acquiesce to the staff recommendation.
Public Hearing:
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Reversal of Planning Commission Revocation:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to find that
Condition No. 2 of Planning Commission Resolution No.
80-4-22-1 had not been violated and that the action of the
Planning Commission in revoking Zone Variance 79-23 be
reversed, subject to the condition that the two-way
communication system be interconnected with the ignition
systems of the trucks.
2. GROWTH MANAGEMENT RESIDENTIAL ALLOCATION SCHEDULE
(28) Proposal:
Adoption of a Residential Allocation Schedule for the years
1983-86, in accordance with Section 9-7.09 of the Municipal
Code and growth management system.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated February 1, 1983, from the Director of
Community Planning and Development, forwarding a Residential
Allocation schedule approved by the Planning Commission.
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Public Hearing: 57
Notice having been given as required by law, Mayor Buchheim
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Adoption of Residential Allocation Schedule:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 83-2-1-1, 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 1983,
1984, 1985, AND 1986 IN ACCORDANCE WITH SECTION 9-7.09
AND 9-7.10 OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, and
Mayor Buchheim
NOES: None
ABSENT: Councilmen Bland and Schwartze
The Resolution approves the following building permit
allocations:
1983
- 395
1984
- 400
1985
- 386
1986
- 305
10777RLIM140 9
1. ADOPTION OF ORDINANCE NO. 480 - REZONE 82-9
(TEKMAR/AMRAN/EL PARADOR HOTEL)
(95) Written Communications:
Report dated February 1, 1983, from the City Clerk, advising
that the Ordinance was regularly introduced at the meeting
of January 18, 1983, and was scheduled for adoption.
Adoption of Ordinance No. 480:
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 adopted:
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MAN
ORDINANCE NO. 480, REZONE 82-9 (TEKMAR/AMRAN/EL PARADOR
HOTEL) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING
OF ASSESSOR'S PARCEL NOS. 124-120-64 AND 124-120-65
FROM GM (GROWTH MANAGEMENT) TO SP (PRECISE PLAN)
DISTRICT (TEKMAR/AMRAN/EL PARADOR HOTEL)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, and
Mayor Buchheim
NOES: None
ABSENT: Councilmen Bland and Schwartze
2. ADOPTION OF ORDINANCE NO. 481 - REZONE 82-11
(OLD FIRE STATION RECREATION COMPLEX)
(95) Written Communications:
Report dated February 1, 1983, from the City Clerk, advising
that the Ordinance was regularly introduced at the meeting
of January 18, 1983, and was scheduled for adoption.
Adoption of Ordinance No. 481:
The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman Friess,
seconded by Councilman Hausdorfer that the following
Ordinance be adopted:
ORDINANCE NO. 481, REZONE 82-11 (OLD FIRE STATION
RECREATION COMPLEX) - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL
ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF 31411 LA MATANZA STREET FROM RD (GARDEN HOME)
TO IP (PUBLIC INSTITUTIONAL) DISTRICT (OLD FIRE STATION
RECREATION COMPLEX)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, and
Mayor Buchheim
NOES: None
ABSENT: Councilmen Bland and Schwartze
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59
3. ADOPTION OF ORDINANCE NO. 482 - AMENDMENT TO TITLE 1,
CHAPTER 2, OF THE MUNICIPAL CODE - PENALTY PROVISIONS -
VIOLATIONS: BAIL
(55) Written Communications:
Report dated February 1, 1983, from the City Clerk, advising
that the Ordinance had been regularly introduced at the
meeting of January 18, 1983, and was scheduled for adoption:
ORDINANCE NO. 482 - AMENDMENT TO TITLE 1, CHAPTER 2, OF
THE MUNICIPAL CODE - PENALTY PROVISIONS - VIOLATIONS:
BAIL - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 1-2.08 OF THE MUNICIPAL
CODE REGARDING PENALTY PROVISIONS - VIOLATIONS: BAIL
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, and
Mayor Buchheim
NOES: None
ABSENT: Councilmen Bland and Schwartze
4. PROPOSED AMENDMENT TO THE MUNICIPAL CODE - TRANSIENT
OCCUPANCY TAX
(86) Written Communications:
Report dated February 1, 1983, from the City Manager,
forwarding an ordinance to institute a Transient Occupancy
Tax in the City, pursuant to Council direction on January
18. The Ordinance sets the tax at 8% of the room charge;
defines the responsibility of the hotel operators, reporting
procedures, penalties for non -collection, appeals, and
refund procedures; and, requires remittance to the City on a
quarterly basis.
Adoption of Transient Occupancy Tax:
The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman Friess,
seconded by Councilman Hausdorfer that the following
Ordinance be adopted:
ORDINANCE NO. 483, TRANSIENT OCCUPANCY TAX - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING ARTICLE 6 TO CHAPTER 3, TITLE 3 OF
THE MUNICIPAL CODE - TRANSIENT OCCUPANCY TAX
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The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, and
Mayor Buchheim
NOES: None
ABSENT: Councilmen Bland and Schwartze
Receipt of Public Input:
(1) Jeff Grether, Capistrano Inn, advised that the City's
motel operators had not been notified that the City was
considering implementation of the tax, other than
receipt of the Agenda item; that 8% would not allow
them to remain competitive with motels in adjacent
areas; requested that the matter be discussed with
local businesses since they may also be impacted by the
action.
(2) Nadir Golestanch, proposed Amran/E1 Parador Hotel,
noted that he had been unaware of the pending action
and requested a 90 -day continuance to allow for
reappraisal of their marketing and development studies.
Ordinance Resci
cheduled for
It was moved by Councilman Friess,
Hausdorfer and unanimously carried
483 and to reschedule consideration
meeting of February 15, 1983.
BIDS, CONTRACTS, AGREEMENTS
1. CALL FOR BIDS - LA.
February 15:
seconded by Councilman
to rescind Ordinance No.
of the matter for the
'APE MAINTENANCE OF VARI,
IN
(74) Written Communications:
Report dated February 1, 1983, from the Director of Public
Works, requesting approval of the specifications for the
landscape maintenance districts in various tracts in the
City; the existing contract will terminate at the end of
March.
Approval of Specifications/Call for Bids:
it was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve the
specifications and to authorize a call for bids for the
City's Landscape Maintenance Districts Program for 1983-84.
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9
2. CALL FOR BIDS - LANDSCAPE MAINTENANCE OF CITY PARKS AND
PARKWAYS
(74) Written Communications:
Report dated February 1, 1983, from the Director of Public
Works, requesting approval of the specifications for
maintenance of the City's parks and parkways; the existing
contract will expire on April 1.
Approval of Specifications/Call for Bids:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve the
specifications and to authorize a call for bids for the
City's Parks and Parkways Landscape Maintenance Program.
3. REIMBURSEMENT AGREEMENT FOR MAINTENANCE OF ORTEGA HIGHWAY
(STATE OF CALIFORNIA)
(38) Written Communications:
Report dated February 1, 1983, from the Director of Public
Works, forwarding a resolution and agreement with Caltrans
to reimburse the City for the periodic sweeping of Ortega
Highway at a cost of $4,000 per year. The report advises
that the City will receive retroactive payment from the
State for the work performed during the preceding two years.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following Resolution approving
the agreement with the State for maintenance of Ortega
Highway be adopted:
RESOLUTION NO. 83-2-1-2, MAINTENANCE OF STATE HIGHWAY
(ORTEGA HIGHWAY) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
AN AGREEMENT FOR THE MAINTENANCE OF STATE HIGHWAY IN
THE CITY OF SAN JUAN CAPISTRANO (ORTEGA HIGHWAY)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, and
Mayor Buchheim
NOES: None
ABSENT: Councilmen Bland and Schwartze
The Mayor and City Clerk were directed to execute the
agreement on behalf of the City.
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62
4.
AGREEMENT FOR CONSTRUCTION OF ALIPAZ STORM DRAIN, CAMINO DEL
AVION TO SAN JUAN CREEK (ORANGE COUNTY FLOOD CONTROL
(38) Written Communications:
Report dated February 1, 1983, from the Director of Public
Works, forwarding an agreement with the Orange County Flood
Control District for extension of the Alipaz Storm Drain
from its present terminus at Alipaz Street and Camino del
Avion to San Juan Creek. The report advises that
construction will be funded by Torreal/Scott, developers of
Tract 11086, in fulfillment of a condition of development.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve the County of
Orange Flood Control District Agreement Number D83-001, and
to authorize the Mayor and City Clerk to execute the
agreement on behalf of the City. Residents adjacent to the
project area are to be notified of the construction.
5. AGREEMENT FOR CONSTRUCTION OF SWIMMING POOL - ALIPAZ STREET
(38) Written Communications:
Report dated February 1, 1983, from the Director of Public
Works, forwarding an agreement with Stephen J. Muller, 26931
Calle Roberto, to construct a swimming pool within the
Alipaz Street grading easement at the rear of Lot 20, Tract
6169, with the requirement that the pool either be removed
or a retaining wall constructed at such time as Alipaz
Street is extended.
Mr. Murphy advised that with the concurrence of the City
Attorney and the applicant, the following wording had been
inserted in the second line of Section 4, to read as
follows: . . . as required, or if it is not technically
feasible to construct said wall, remove said swimming
pool . . .
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve the
"Agreement for Swimming Pool Construction in Alipaz Street
Right -of -Way" with Mr. Stephen J. Muller (Lot 20, Tract
6169) and to authorize the Mayor and City Clerk to execute
the agreement on behalf of the City.
RECESS AND RECONVENE
Council recessed at 7:45 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:50 p.m.
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ADMINISTRATIVE ITEMS
CITY MANAGER
63
CIVIC CENTER PROGRAM: CONSULTANT REQUEST FOR PROPOSAL,
PROGRAM SCHEDULE, DRAFT BUDGET
(34) Written Communications:
Report dated February 1, 1983, from the City Manager,
forwarding a Request for Proposal for retention of an
architectural consultant to study City space needs and
develop civic center design criteria; a draft timetable for
the civic center program providing for start of construction
on or before January 1, 1984; and, preliminary project
budget.
Approval of RFP, Program Schedule and Budget:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to:
(1) Approve the consultant Request for Proposal and the
program schedule, and direct staff to forward the RFP
to qualified consulting firms; Council requested that
local firms be included.
(2) Allocate $10,000 from the Federal Revenue Sharing Fund;
$7,500 of this amount to be allocated for the retention
of a consultant for the space needs and design criteria
study and $2,500 to be held as a contingency amount for
follow-up or supplementary studies.
2. AMENDMENT TO LIBRARY BUDGET ACCOUNTS - SAN JUAN CAPISTRANO
LIBRARY
(52) Written Communications:
Report dated February 1, 1983, from the City Manager,
advising that additional funds are needed to cover cost
over -runs in the library construction account and extraneous
costs which were charged to the library design account. A
budget amendment to transfer funds to the library project
was requested, which would eliminate revenue sharing as a
funding source for the library and ensure that the City does
not exceed the 25% limit placed by law on the use of revenue
sharing funds for construction projects which do not
implement Davis -Bacon Act requirements.
Approval of Budget Amendment:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve a
budget amendment transferring $100,000 from the Parks and
Recreation Fund and $100,000 from Development Fees to the
San Juan Capistrano Library project; the funds to be
distributed between the construction account and the design
account as needed; revenue sharing funds originally budgeted
in 1982-83 for the design account are to be placed in the
civic center account.
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3.
ZEST FOR WAIVER OF DEVELOPMENT FEES i
UNIFIED SCHOOL DISTRICT)
(93) Written Communications:
(86) Report dated January 28, 1983, from the City Manager,
(76) forwarding a request from the Capistrano Unified School
District Board of Trustees for waiver of improvement plan
check fees, inspection fees, agricultural preservation tax,
drainage area fees, and sewer capacity fees, in the amount
of $25,329, in conjunction with construction of the District
Education Center and adjacent to the District Office on
Calle Perfecto, since State funding for the fees is not
available. The report advises that the District has agreed
to participate in construction of portions of Calle Aviador
which borders the project and has made a special request for
additional funding from the State.
Approval of Waiver:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve the
request of the Capistrano Unified School District Board of
Trustees to waive engineering development fees, and to
authorize the Director of Public Works to issue the permits
for the construction of portions of Calle Aviador.
DIRECTOR OF PUBLIC WORKS
RELINQUISHMENT OF ACCESS RIGHTS TO CALLE AVIADOR TO SERVE
CAPISTRANO UNIFIED SCHOOL DISTRICT
(78) Written Communications:
Additional Report dated February 1, 1983, from the Director
of Public Works, advising that in order to approve the
improvement plans submitted by the School District for the
extension of Calle Aviador to serve the new District
facility, the City must relinquish access rights at driveway
intersections to serve the property.
(73) Relinquishment of Access Rights:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to relinquish access
rights to Calle Aviador at the Capistrano Unified School
District facility, subject to the approval of street
improvement plans by the City Engineer.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. UTILITY UNDERGROUNDING -
PLANNED COMMUNITY
(85) Written Communications:
Report dated February 1, 1983, from the Director of
Community Planning and Development, forwarding background
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65
information and staff findings with regard to an alternate
method of dealing with the existing overhead lines through
the Glendale Federal property, as proposed by San Diego Gas
& Electric. The proposal involves relocating the entire
subject 69 kilovolt transmission line eastward into the
"parallel" SDG&E right-of-way already containing the line of
transmission towers extending diagonally across the Ortega
Valley and through Arroyo Park and the Mission Woods tract.
Exhibits were on display and Mr. Merrell made an oral
presentation, noting the two conditions that were placed.
Richard Rebal, Glendale Federal Savings, received
clarification on Condition No. 1.
Approval of Relocation Plan:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to:
(1) Concur with the Environmental Review Board that the
proposed relocation proposal would not have a
significant impact on the environment and approve a
negative declaration for the project.
(2) Approve the proposal to relocate the 69KV transmission
line presently extending through the La Novia Valley
area to the more easterly SDG&E right-of-way, as shown
on Attachment C of the February 1, 1983, staff report,
subject to the following conditions:
(a) Glendale Federal shall be responsible for
undergrounding the existing overhead lines shown
on Attachment A of the February 1, 1983, staff
report.
(b) All transmission lines, existing or future, shall
be consolidated onto two lines of structures in
the area between Ortega Highway and San Juan Creek
Road. If the City staff determines, from further
study, that such consolidation may not be
feasible, alternate measures to mitigate visual
impacts shall be presented to the City Council.
DIRECTOR OF PUBLIC WORKS
REPORT ON OCCUPANCY PERMITS, TRACT 11095 (GOEDEN
(85) Written Communications:
Report dated February 1, 1983, from the Director of Public
Works, forwarding a request from the Goeden Company to grant
a temporary modification to Condition No. 7, relating to
landscaping requirements, of the Conditions of Approval for
Tract 11095 to allow issuance of Use and Occupancy Permits
for homes which require immediate closings. The report
suggests consideration be given to phasing issuance of
occupancy permits to related construction activities, and
forwards a phasing diagram for approval.
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66
Discussion/Approval of Phasing/Occupancy Permits:
The following persons addressed Council:
(1) Bruce Froelich, Director of Operations, Goeden Company,
advised that buyers in the first phase of 11 lots are ready
for occupancy and requested release of those lots; discussed
the phasing schedule and problems with implementation of the
fine grading requirement; cited willingness to work with
staff to develop an occupancy permit agreement.
(2) Larry Hill, Planning Director, Goeden Company, advised that
many of the conditions have been met; discussed the status
of Lots 24, 25, 28, and 29; emphasized the need for release
of the 11 lots.
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess to approve the phasing diagram submitted with the February
1, 1983, staff report and to authorize staff to issue
Certificates of Use and Occupancy for Tract 11095. With the
concurrence of the second, the motion was amended to require that
the occupancy permit agreement be posted in the sales office.
The motion carried unanimously.
Councilman Friess requested that Council be provided with a copy
of the occupancy permit agreement and that residents be provided
with a copy of the phasing schedule. Council agreed that Mr.
Murphy use his discretion in dealing with the concerns addressed
by the applicants, but that the applicants be encouraged to
comply as quickly as possible.
DIRECTOR OF RECREATION
FALL RECREATION ACTIVITIES QUARTERLY REPORT
(62) Written Communications:
Report dated February 1, 1983, from the Director of
Recreation, forwarding the Fall 1982 Recreation Quarterly
Report.
With the concurrence of Council, Mayor Buchheim ordered the
report received and filed.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF JANUARY 25, 1983
(67) The Report of Actions taken by the Planning Commission at
their meeting of January 25, 1983, was ordered received and
filed.
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EQUESTRIAN COMMISSION
1. TRAIL SYSTEM, TRACT 6305 (HUNT CLUB)
(85) Written Communications:
Report dated February 1, 1983, from the City
Clerk/Equestrian Commission Secretary, recommending that
Council consideration of acceptance of the perimeter portion
of the equestrian/hiking trail system of Tract 6305 be held
over to a later date, pending discussion of the matter with
representatives of the Community Association.
With the concurrence of the Council, Mayor Buchheim ordered
the report received and filed.
ENVIRONMENTAL REVIEW BOARD
1. APPEAL OF ENVIRONMENTAL REVIEW BOARD DECISION - DENIAL OF
GRADING PLAN, ORTEGA PROPERTIES
(25) This item was continued to the meeting of February 15, 1983,
at the request of the applicant.
TRAFFIC AND TRANSPORTATION COMMISSION
1. TRAFFIC ANALYSIS. ORTEGA HIGHWAY AT AVENIDA SIEGA
(82) Written Communications:
Report dated February 1, 1983, from the Secretary of the
Traffic and Transportation Commission, advising that the
Tierra del Caballo Homeowners Association had expressed
concerns regarding visibility across the southwest corner of
the intersection of Ortega Highway and Avenida Siega, and
forwarding the Commission's recommendation to remove the
obstructions; to post "No Parking" signs from Via Errecarte
to Avenida Siega; and, to install protective barriers from
the existing barrier to Avenida Siega. The report advises
that the cost of the improvements is estimated at $5,000.
Discussion/Continued to February 15, 1983:
Mayor Buchheim advised that meetings have been held with the
property owner, Mel Rosenbaum, to discuss the problems; that
the issue of right-of-way jurisdiction is being researched.
The following persons addressed Council:
(1) Galen Seal, 28522 Paseo Diana, cited concerns with
truck traffic on Avenida Siega and pedestrian safety.
Discussion ensued regarding alleviation of truck
traffic; commencement of construction in the adjacent
tract; and, removal of the power poles obstructing
visibility at the intersection.
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(2) John McMahan, President of the Homeowners Association,
28545 Paseo Diana, noted accidents that have occurred
at the intersection; cited past City review of the
matter; and, requested the matter be resolved as
quickly as possible.
It was moved by Councilman Hausdorfer, seconded by _
Councilman Friess and unanimously carried to continue the
item to the meeting of February 15, 1983, to clarify the
issue of right-of-way jurisdiction.
COUNCIL ACTIONS
1. GRAND JURY NOMINATIONS
(56) Written Communications:
Report dated February 1, 1983, from the City Manager,
forwarding a list of nine names of persons for nomination to
the Orange County Grand Jury.
Approval of Nominations:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to forward the names for
nomination to the Orange County Grand Jury.
2. ACCEPTANCE OF RESIGNATION FROM THE EQUESTRIAN COMMISSION
(23) Written Communications:
Report dated February 1, 1983, from the Senior
Administrative Assistant, advising that George Rivera
submitted his resignation from the Equestrian Commission
effective January 8, 1983.
Acceptance of Resignation:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to accept Mr.
Rivera's resignation, declare his office to be vacant, and
to authorize the Mayor to forward a letter of appreciation
to Mr. Rivera. Appointment to the Commission is to be held
pending Council review of all Commissions and Boards.
REMARKS
1. LAND USE MANAGEMENT CODE AMENDMENTS - SERVICE STATIONS _
(55) Councilman Friess advised that he is working with staff on
Code amendments to rectify the discrepancies between the
City's requirements and the State requirements for service
stations.
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2. DOUBLE LEFT -TURN LANE - ORTEGA HIGHWAY/I-5 RAMPS 6 •/
(87) In response to Councilman Friess, Mr. Murphy will contact
the State regarding a study to determine the feasibility of
signing the middle lane at the Ortega Highway/northbound I-5
ramps for optional left -turn or straight ahead movements.
3. STATUS REPORT - CAPITAL PROJECTS
(24) Councilman Friess requested an off -agenda status report on
the Del Obispo pedestrian way to Marco Forster Jr. High
School and the Glendale Federal boundary line
determinations.
4. MULTI -MODAL LANDSCAPING
(88) Councilman Friess suggested Council consider planting vines
and landscaping to soften the impacts of the romanesque
pillars.
5. TRAFFIC SIGNALS - SUNHOLLOW AREA
(82) Councilman Hausdorfer suggested consideration be given to
the number of traffic signals planned for the Sunhollow
area.
6. COMMENDATION - CITY MANAGER
(36) Mayor Buchheim noted a commendation received by the City
Manager from the County for his efforts on the County Animal
Shelter Site Committee.
CLOSED SESSION
Council recessed to a Closed Session at 8:45 p.m., for discussion
of legal matters, the City Clerk being excused therefrom, and
reconvened at 9:42 p.m.
ADJOURNMENT:
There being no further business before the Council, the meeting
was adjourned at 9:43 p.m. to February 15, 1983, at 7:00 p.m. in
the City Council Chamber.
Respectfully submitted,
MARY ANNER,-Y CLQ ERK
ATTEST:
ENCE F. BUCHHEIM, MAYOR
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