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83-0215_CC_Minutes_Regular Meeting71 1 FEBRUARY 15, 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. ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor Anthony L. Bland, Mayor Pro tem Gary L. Hausdorfer, Councilman Phillip R. Schwartze, Councilman ABSENT: Kenneth E. Friess, 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. MTNTTrPVQ Regular Meeting of February 1, 1983: It was moved by Councilman Hausdorfer, seconded by Mayor Buchheim that the Minutes of the regular meeting of February 1, 1983, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, and Mayor Buchheim NOES: None ABSTAIN: Councilmen Bland and Schwartze ABSENT: Councilman Friess 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 Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: Councilman Friess -1- 2/15/83 F--- -- 5 PRESENTATIONS AND COMMENDATIONS PROCLAMATION - FIESTA DE LAS GOLONDRINAS (61) The City Clerk read in full the proclamation of "Fiesta de las Golondrinas," which is sponsored by the San Juan Capistrano Fiesta Association and will culminate in the 25th consecutive Swallows Day Parade on Saturday, March 26. It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to authorize the Mayor and City Clerk to sign the Proclamation on behalf of the City Council and to proclaim the period of March 19 - 16, 1983, as the "Fiesta de las Golondrinas." Mac McDowell, President of the Fiesta Association, was present to receive the Proclamation and expressed appreciation to the City for support received through the years. 2. CALIFORNIA PARKS AND RECREATION SOCIETY VOLUNTEER AWARD (JOE McKEE) (36) Council received copies of a report dated February 15, 1983, from the Director of Recreation advising that on January 20, 1983, Joe McKee, President of the San Juan Capistrano Seniors Club, received an award at the Annual California Parks and Recreation Society District Ten Awards Banquet recognizing him for his civic contributions. Mayor Buchheim commended Mr. McKee for his service to the community and presented a State Parks and Recreation Volunteer Award Plaque. Mr. McKee expressed his pleasure in representing the senior citizens and thanked the City for support received. 3. PROCLAMATION - ENGINEER'S WEEK, FEBRUARY 20-16, 1983 (71) The City Clerk read in full the proclamation of "Engineer's Week" and it was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to authorize the Mayor and City Clerk to sign the Proclamation on behalf of the City Council and to proclaim the week of February 20-26, 1983, as "Engineer's Week." Mayor Buchheim commended the Engineering Department for their work and presented the proclamation to Mr. Murphy, Director of Public Works. ORAL COMMUNICATIONS 1. LETTER OF APPRECIATION - EQUESTRIAN COMMISSION SUPPORT (CITY (31) Jill Hanna, representing the Equestrian Commission, read (36) into the record a letter dated February 15, 1983, expressing -2- 2/15/83 73 the Commission's appreciation for the staff support received from Mary Ann Hanover who served as the Commission Secretary since June, 1977. Tom Baker, Director of Recreation, has been appointed to act as Commission Secretary effective with their February 28th meeting. CONSENT CALENDAR It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: Councilman Friess 1. APPROVAL OF WARRANTS (41) The List of Demands dated February 15, 1983, Warrant Register No. 83-082, in the total amount of $257,760.07, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (41) The City Treasurer's Report of Investments as of January 31, 1983, in the total amount of $7,220,000.00, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (41) The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as of January 31, 1983, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (41) The City Treasurer's Report of Fund Cash Balances for the month of January, 1983, will be placed on the agenda for March 1, 1983. 5. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY (85) The public improvements have been completed for Tract 9786, as set forth in the report dated February 15, 1983, from the Director of Public Works. -3- 2/15/83 F 74 Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 83-2-15-1, COMPLETION OF i:1 CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED - AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 9786 (HIDDEN MOUNTAIN VENTURE) The Resolution accepts the work as complete and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Release of Surety: The following bond from American Insurance Company was extended to February 15, 1984: Bond Number Amount Faithful Performance SC 6367003 $510,000 Authorization was granted to release the bond following successful completion of a one-year maintenance period. The following bonds from American Insurance Company are to be released upon expiration of 35 days from recordation of the Notice of Completion: Labor & Material SC6367003 $510,000 Monumentation SC6367002 7,500 6. ACCEPTANCE OF RIGHT-OF-WAY DOCUMENTS, ASSESSMENT DISTRICT 78-3 (ORTEGA PROPERTIES) (74) As set forth in the report dated February 15, 1983, from the Director of Public Works, right-of-way discrepancies have been corrected and the easements for storm drain, street, sanitary sewer and parkland purposes over Assessment District 78-3, Parcel Nos. 19c and 23, Ortega Properties Assessment District, were approved, as offered by the Ortega Properties. The City Clerk was authorized to forward the documents to the Orange County Recorder. 7. AGREEMENT FOR PUBLIC IMPROVEMENTS, ARCHITECTURAL CONTROL 01-1 nFT. nRTRUn RTRRRT (OCEAN HILLS COMMUNITY CHURCH (38) As set forth in the report dated February 15, 1983, from the (68) Director of Public Works, the Improvement Agreement for AC 81-1, whereby Ocean Hills Community Church will install street improvements on Del Obispo Street and construct a private access road to serve the new church, was approved and the Mayor and City Clerk authorized to execute the agreement on behalf of the City. The City Clerk was directed to forward the document to the Orange County Recorder. -4- 2/15/83 75 PUBLIC HEARINGS 1. TEMPORARY STREET CLOSURE, ANNUAL SWALLOWS DAY PARADE, SATURDAY, MARCH 26, 1983 (61) Proposal: Application for a parade permit and associated street closures for the annual Fiesta de las Golondrinas Parade scheduled for Saturday, March 26, 1983, at 12:00 noon. Applicant: San Juan Capistrano Fiesta Association, P. O. Box 532, San Juan Capistrano. Written Communications: Report dated February 15, 1983, from the Director of Public Works, forwarding the parade permit application and parade route, and advising that the City and Sheriff's Department will provide support services. The Director of Public Works advised that the recommended closure of Rancho Viejo Road was no longer necessary since judging of the bands will take place in the parade route. 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 reopen at any time. Approval of Permit and Street Closures: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to authorize the City Clerk to sign the parade permit and to approve closure of the following streets from 11:00 a.m., to 4:00 p.m., on Saturday, March 26: Camino Capistrano between La Zanja Street and Del Obispo Street; Del Obispo Street between Camino Capistrano and Ortega Highway; Ortega Highway between Camino Capistrano and Del Obispo Street; and, E1 Camino Real between La Zanja Street and Ortega Highway. To accommodate band bus parking, closure of Via Los Pajaros between Camino Capistrano and Paseo Amapola, from 10:00 a.m., to 4:00 p.m., was approved. 2. TEMPORARY STREET CLOSURE, PASEO ADELANTO AND CAMINO DEL AVION - 10 -KM (6.2 MILES) RUN, SATURDAY, MAY 21, 1983 (62) Proposal: Closure of Paseo Adelanto and Camino del Avion from approximately 8:00 a.m., to 11:00 a.m., to insure safety of participants in the City's annual 10 KM run, planned for Saturday, May 21, 1983. -5- 2/15/83 76 Applicant: City of San Juan Capistrano. Written Communications: Report dated February 15, 1983, from the Director of Recreation, forwarding the proposed route and advising that City staff, the Sheriff's Department and community volunteers will provide support services. The Director of Recreation advised that rather than conduct a separate run later in the year, the Chamber of Commerce will co-sponsor this year's 10 KM run. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Approval of Route and Street Closures: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the 10 KM route as presented and closure of the following streets on May 21, 1983: Paseo Adelanto from City Hall to Del Obispo from 7:45 - 8:15 a.m., and Camino del Avion between Alipaz Street and Via Del Amo from 8:05 - 8:50 a.m. 3. REZONE 83-1, ORTEGA VILLAGE CENTER (ORTEGA PROPERTIES) (95) Proposal: A rezone which will combine Planning Sectors A and D-1 into a new subdistrict designation identified as Planning Sector A-2, which will include 4 subsections, encompassing the Ortega Village Center located at the southeast corner of Ortega Highway and Rancho Viejo Road. The designation will resolve administrative problems encountered by the present division of the complex into two separate planning sectors. Surrounding uses include public institutional to the east; and, vacant areas with current zoning to allow D-1 uses to the south, general retail to the west, and future professional offices to the north. Applicant: Ortega Properties, One Brookhollow Drive, Santa Ana 92705. Written Communications: (1) Report dated February 15, 1983, from the Director of Community Planning and Development, forwarding background information and the Planning Commission recommendation of approval. (2) Letter dated February 11, 1983, from the Board of Directors of the Sunhollow Homeowners Association, in opposition to the proposed zone change. -6- 2/15/83 77 (3) Letter dated February 1, 1983, from Bob Carrubla, 31552 Windsong Drive, in opposition to a proposed motorcycle dealership which would be allowed under the proposed zoning. Exhibits were on display and Mr. Merrell made an oral presentation regarding the proposed zoning and permitted uses. Public Hearing: Mayor Buchheim advised that the following people had contacted him: George Kirk, in favor of the proposed zoning to permit a motorcycle dealership; and, Beth Rasmussen from Sunhollow, in opposition. Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and the following persons addressed the Council: (1) Jon Pugh, representing Ortega Properties, spoke in support of the rezone and requested consideration be given to allowing the flexibility to: permit food uses in Subsection 2, Building K; and, permit the conditional uses allowed in Subsection 4, in Subsection 3. (2) Dave Robbins, member of the Church of the Nazarene, cited concerns with possible noise impacts from the proposed motorcycle dealership. (3) John Katzmaier, 27575 Brookside Lane, spoke in opposition to the proposed zoning. (4) Harve Castna, 31608 Moonglow Lane, spoke in opposition to the proposed motorcycle dealership. (5) Richard Rocheski, Windsong Drive, spoke in favor of the proposed motorcycle dealership. (6) Bill Matheson, General Manager of the proposed Yamaha dealership, spoke in favor of allowing the dealership. There being no one else wishing to address Council, Mayor Buchheim closed the Hearing with the right to reopen at any time. Discussion ensued regarding area residents' concerns with motorcycle sales and possible deletion of Conditional Use Permits. Councilman Hausdorfer stated it would be unfair to allow uses in the complex that were not originally approved; Councilman Schwartze felt the issue should have full review. Use of Single EIR/Amendments to Regulations: It was moved by Councilman Hausdorfer and seconded by Councilman Bland to certify the use of a single EIR; to -7- 2/15/83 8 allow food uses in Building K, Subsection 2; and, to delete Section 8(b), regarding vehicle sales as a conditional use in Subsection 4, from the Planning Sector A-2 regulations. The motion carried with Councilman Schwartze voting in the negative. AAAroval of Rezone 83-1: 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 introduced: NANCE NO. 484, REZONE 83-1 (ORTEGA CALIFORNIA, AMENDING THE OFFICIAL ZONING ORDINANCE NO. 293 BY AMENDING ORDINANCE COMBINING PLANNING SECTOR "A" AND "D-1" PLANNING SECTOR IDENTIFIED AS "A-2" FOR PARCEL NOS. 666-261-1-14 The motion carried by the following vote: AYES: NOES: ABSENT: ORDINANCES ES) - AN MAP ADOPTED BY NO. 379 BY INTO A REVISED ASSESSOR'S Councilmen Hausdorfer, Bland, and Mayor Buchheim Councilman Schwartze Councilman Friess 1. AMENDMENT TO THE MUNICIPAL CODE - TRANSIENT OCCUPANCY TAX (86) Written Communications: Report dated February 15, 1983, from the City Manager, advising that the City's hotel operators had agreed to the proposed transient occupancy tax ordinance with the following modifications: (1) the tax to be set at 6% of the room rate charge; (2) a credit to be given against the tax due for credit card company discounts which are borne by the hotel operator; and, (3) the effective date to be set for June 1, 1983. The Ordinance had been considered on February 1 and held over at the request of the hotel operators. Adoption of Ordinance No. 483: 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 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 -8- 2/15/83 awe The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: Councilman Friess BIDS, CONTRACTS, AGREEMENTS 1. AWARD OF CONTRACT - TRAFFIC (82) Written Communications: Report dated February 15, 1983, from the Director of Public works forwarding results of bids received for the Traffic Signal Controller Conversion at the Ortega Highway/I-5 intersection. Award of Contract: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to award the contract for the Traffic Signal Controller Conversion on Ortega Highway at Interstate Route 5 to Signal Maintenance, Inc., of Anaheim, in the amount of $3,600, and to reject all other bids. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 2. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - TRAFFIC (82) Written Communications: Report dated February 15, 1983, from the Director of Public Works advising that work for the Traffic Control Modifications at Ortega Highway and Interstate Route 5, which included installation of double left turn lanes on eastbound Ortega Highway at the northbound freeway on-ramp, had been completed by Smith Electric Supply. Acceptance of Work: It was moved by Councilman Schwartze, seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 83-2-15-2, COMPLETION OF TRAFFIC CONTROL MODIFICATIONS - ORTEGA HIGHWAY AT INTERSTATE ROUTE 5 (SMITH ELECTRIC SUPPLY) - 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 INSTALLATION OF TRAFFIC CONTROL MODIFICATIONS AT ORTEGA HIGHWAY AND INTERSTATE ROUTE 5 (SMITH ELECTRIC SUPPLY) -9- 2/15/83 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: Councilman Friess The Resolution accepts the work City Clerk to forward the Notice Recorder within 10 days. Payment status was as follows: as complete and directs the of Completion to the County Total Construction Cost $8,750 Less 10% Retention 875 Previous Payments -0- Total Due to Date $7,875 Staff was authorized to make payment as indicated and to release the 10% retention 35 days after recordation of the Notice of Completion. 3. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS - 0 (62) Written Communications: Report dated February 15, 1983, from the Director of Public Works advising that plans and specifications had been prepared for renovation of the old fire station facility and forwarded to Orange County officials for their review. Funds in the amount of $151,000 have been budgeted for the project in the Capital Projects Accounts for 1982-83 and 1983-84; it is anticipated that the project will be completed in June. Approval of Plans/Call for Bids: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the plans and specifications for the Old Fire Station Renovation and to authorize a call for bids. 4. REQUEST FOR PROPOSAL - BOUNDARY LINES (GLENDALE FEDERAL) (85) Written Communications: Report dated February 15, 1983, from the Director of Public Works requesting authorization to receive proposals to establish the boundary lines for the public lands to be dedicated to the City by Glendale Federal. Funds in the amount of $50,000 have been budgeted for the project. -10- 2/15/83 r �O Authorization to Receive Proposals: It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried to direct staff to solicit and receive proposals for the Establishment of Boundary Lines (Glendale Federal). ADMINISTRATIVE ITEMS CITY MANAGER 1. REVIEW AND ANALYSIS OF FEES AND FINANCE (41) Report dated February 15, 1983, from the City Manager, forwarding recommendations regarding implementation of the Management Services Institute report, intended to eliminate the General Fund subsidy to various fee -supported activities. The City Manager advised that the recommendations direct the responsible staff personnel to prepare necessary changes in fees and resolutions and to be prepared to discuss the changes during budget consideration or to implement the changes immediately; he further advised that the necessary notifications of any changes will be made as may be required by law. Adoption of Fees and Finances Recommendations: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the following staff recommendations, including the program and procedures developed for the City in the report entitled Fees and Finances of the City of San Juan Capistrano dated August, 1982: Building: Continue to monitor Building Plan Check and Inspection cost centers and evaluate in light of economic conditions and building activity; review grading permit fees and recommend appropriate changes to the fee structure. Engineering: (1) Develop and recommend fees sufficient for the Engineering, Plan Check and Inspection Services cost center; (2) Increase the fees for street cut permits sufficient to cover the cost of approval and inspection services, and consider increasing the refundable deposit required to assure proper completion of the work. Recreation: (1) Establish fees sufficient to cover all costs incurred within the Classes cost center. (2) Establish fees sufficient to cover all costs incurred within the Day Camps cost center. -11- 2/15/83 r (3) Review the Special Events cost center and report back with specific recommendations, to be implemented in conjunction with the 1983 spring and summer program. (4) Further revenue measures to be explored in conjunction with the Capistrano Unified School District for the Serra School cost center. (5) Establish fees sufficient to cover all costs incurred within the Athletic Programs cost center. (6) Develop more specific cost information relative to the Tennis Court Lights cost center in order to determine the revenue sufficiency of the cost center. (7) Explore the feasibility of voluntary donations to assist in supporting Senior Citizen Activities. (8) Establish fees sufficient to cover all costs incurred within the Excursions cost center. (9) Continue the exploration of the possibility of funding from other agencies and to develop specific cost reduction methods to reduce expenditure levels, while continuing to provide the Dial -A -Van service. Planning: (1) Develop and recommend costs associated with Services cost centers. fees sufficient to cover the the Planning New Development (2) Explore the possibility of a one-time fee for the Regulatory Licenses/Code Enforcement cost center and to seek input from the Chamber of Commerce for consideration with the 1983-84 fiscal year budget. (3) Further review of the Sign Permits cost center and include recommendations to be included within the 1983-84 budget concerning the subsidy this activity should be given, if any. (4) Do not establish a fee for the Tree Removal Permit cost center. (5) Review of Zone Variances and recommend changes to the fee structure accordingly, said recommendations to be included in the 1983-84 budget review process. Capital Facilities Fees: Direct the City Manager to review these fees with a report to be included for consideration with the adoption of the 1983-84 budget. -12- 2/15/83 83 Sanitary Sewer Services: Direct the Public Works Director to prepare a report reviewing the adequacy of sewer operations fees and capital facility charges for consideration in conjunction with the 1983-84 budget. Other Unrelate (1) Establish Sale of M exception routinely action of 3 Cost Centers: fees to cover all costs associated with the sps and Publications cost center, with the of current agendas and reports that are sent to parties that may be affected by Council, Boards, or Commissions. (2) Establish fees to cover all costs associated with the Weed Abatement cost center. (3) Review annually and establish fees to cover all costs associated with the Landscape Maintenance Districts cost center. (4) Direct the Public Works Director to prepare a thorough report outlining the various issues and alternatives associated with the cost of providing street lights. Said report to be prepared for consideration by the City Council in the early part of the 1983-84 fiscal year. (5) Direct the Administrative Services Department to include overhead, indirect and any other costs recommended by the MSI report in all expense recover activities of the City. (6) Direct the Administrative Services Director to require that all charges against capital projects include the full cost of Administrative Charges and Reimbursements services. (7) Direct the Public Works Director to review the permit activity of the utilities and CATV companies and to report back on possible fee adjustments and other activities to be considered in conjunction with the 1983-84 fiscal year budget. (8) Direct that the bail schedules be reviewed annually in conjunction with the budget process. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. APPEAL OF PLANNING COMMISSION DECISION - RELOCATION OF STRUCTURE TO LOS RIOS AREA (HIRSCH/MIRKIN) (67) Written Communications: Report dated February 15, 1983, from the Director of Community Planning and Development, forwarding a request to continue the appeal hearing to the meeting of March 15, 1983. -13- 2/15/83 8 There was a consensus of Council that the requested continuation be approved. DIRECTOR OF PUBLIC WORKS 1. AUTHORIZATION TO PARTICIPATE IN CALIFORNIA CITY -COUNTY STREET LIGHTING ASSOCIATION - BUDGET AMENDMENT (53) Written Communications: Report dated February 15, 1983, from the Director of Public Works, advising of concerns addressed and progress made by the California City -County Street Light Association and forwarding their request for financial support to pursue an effective strategy on behalf of all local governments before the State Public Utilities Commission. Approval of Financial Support: It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to approve the expenditure of $500 to the California City -County Street Lighting Association for street lighting studies and to authorize the allocation from the General Fund. STATUS REPORT (SERRA) (79) Written Communications: Report dated February 8, 1983, from the Director of Public Works, forwarding the status of operation and rehabilitation work at the treatment plant and litigation of the 1980 storm damage. With the concurrence of Council, Mayor Buchheim ordered the report received and filed. 3. TRAFFIC ANALYSIS, ORTEGA HIGHWAY AT AVENIDA SIEGA (82) Written Communications: Report dated February 15, 1983, from the Director of Public Works, advising of actions that have occurred to improve visibility across the southwest corner of the intersection of Ortega Highway and Avenida Siega. Mr. Murphy advised that a meeting will be scheduled with the property owner to discuss additional sight improvement measures. John McMahan, 28545 Paseo Diana, President of the Tierra del Caballo Homeowners Association, stated that the measures already taken had not improved the situation. Authorization to Continue Efforts: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to authorize staff to continue to work with the property owner as well as others to assist in mitigating the situation. -14- 2/15/83 85 COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF FEBRUARY 8, 1983 (67) The Report of Actions taken by the Planning Commission at their meeting of February 8, 1983, was ordered received and filed. ENVIRONMENTAL REVIEW BOARD 1. APPEAL OF ENVIRONMENTAL REVIEW BOARD DECISION - GRADING PLAN, ORTEGA PROPERTIES (25) Proposal: Appeal of the January 11, 1983, Environmental Review Board denial of a grading plan to place compacted fill for a development area of Planning Sector B of the Ortega Planned Community prior to submittal of a development concept plan. Adopted Council policy prohibits grading except as part of an approved development concept plan. Appellant: Ortega Properties, One Brookhollow Drive, Santa Ana 92705. Written Communications: Report dated February 1, 1983, and resubmitted February 15, 1983, from the Director of Community Planning and Development, forwarding findings of the Environmental Review Board and staff and a recommendation of confirmation of the Environmental Review Board decision. Mr. Merrell made an oral report and discussion ensued regarding present policies and possible benefits from allowing placement of the fill at this time. Councilman Hausdorfer noted that approval of the appeal would not indicate approval of any development plans and that the fill would be placed at the appellant's own risk. Councilman Bland cited concerns with visual impacts. Approval of Appeal/Waiver of Council Policy: Councilman Bland moved to confirm the action of the Environmental Review Board in denying the proposed grading plan. The motion died for lack of a second. It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze to approve the appeal and to waive the appropriate Council Policy. The motion carried with Councilman Bland voting in the negative. COUNCIL REMARKS 1. ORTEGA HIGHWAY (44) Councilman Hausdorfer inquired about the trenching along Ortega Highway at Sunhollow and was advised that it was part of the Sunhollow Improvement Project. -15- 2/15/83 86 2. BULLET TRAIN (88) Councilman Schwartze made an oral report regarding actions taken at the Orange County League of California Cities with regard to the proposed Bullet Train and encouraged attendance at a bullet train presentation given by the American High Speed Railway Corporation at 8:00 p.m., Wednesday, February 16 at Marco Forster Junior High School. 3. APPRECIATION FOR SUPPORT (36) Councilman Bland thanked the members of the City Staff and Council for support given to his family during their recent bereavement. 4. OFF-ROAD VEHICLE NOISE - BEAR BRAND RANCH (59) In response to Councilman Bland, the City Manager advised that enforcement will be requested with regard to increased off-road vehicle noise and activity in the Bear Brand Ranch area; Mr. Bland noted that a gate to the Bear Brand access road is damaged. 5. TREE PRESERVATION (74) Councilman Bland requested measures be taken to preserve a pepper tree on Calle Aspero which fell over during recent storms. 6. TRAFFIC SIGHT OBSTRUCTIONS - VIA PALOMA (87) Councilman Bland noted poor traffic visibility at Via Paloma and Camino Capistrano due to landscaping in the area. 7. TREE TRIMMING - SAN JUAN ELEMENTARY (74) Mayor Buchheim noted that a large tree at the San Juan Elementary School had been severely cut and requested that the School District be provided a copy of the Tree Trimming Guidelines. 8. COMMENDATION - EQUESTRIAN COMMISSION SECRETARY (31) Mayor Buchheim advised that appropriate steps will be taken to commend Mary Ann Hanover for her dedication in serving as the Equestrian Commission staff assistant. i i i -16- 2/15/83 8'7 ADJOURNMENT- There being no further business before the Council, the meeting was adjourned at 8:31 p.m., to the next regular meeting date of March 1, 1983, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, _. !1_. -� �,- ; . ,. IF4ARY ANN IANOVER, CITY CLERK -17- 2/15/83