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83-0802_CC_Minutes_Regular Meeting2 f AUGUST 2, 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 Bland at 7:03 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; 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 July 5, 1983: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of July 5, 1983, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Schwartze and Mayor Bland NOES: None ABSTAIN: Councilman Hausdorfer ABSENT: None Adjourned Regular Meeting of July 12, 1983: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the Minutes of the Adjourned Regular Meeting of July 12, 1983, be approved as submitted. The motion carried by the following vote: AYES: NOES: ABSENT: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland None None -1- 8/2/83 2647 Regular 64 - Regular Meeting of July 19, 1983: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the Minutes of the Regular Meeting of July 19, 1983, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None 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. PRESENTATION OF EMPLOYEE PERFORMANCE AWARDS (66) Written Communications: Report dated August 2, 1983, from the City Manager, advising that Employee Performance Awards are presented annually by the City Council to recognize and honor outstanding work performance by City employees. The City Manager commented on the procedure for selecting employees and noted attitudes and work performance which had resulted in the selection of the following employees: Employee Marty Bryant Dana Kasdan Cal Mahi Ronnie Zaremba Department Engineering Division Engineering Division Maintenance Division Recreation Department The employees were present and Mayor Bland presented checks in the amount of $1,000 to each. 2. PRESENTATION OF PLAQUES TO LONG-TERM EMPLOYEES (66) Written Communications: Report dated August 2, 1983, from the Senior Administrative Assistant, advising that in accordance with Council policy, -2- 8/2/83 special recognition is given annually to employees who have provided 10 or more years of service. The following employees were eligible to receive recognition: Employee Date of Hire Larry Lawrence May 14, 1973 (10 years) Raymundo Becerra June 11, 1973 (10 years) Barbara Sutherland June 25, 1973 (10 years) The employees were present and Mayor Bland presented plaques to each, thanking them for their service to the City. ORAL COMMUNICATIONS MOBILEHOME PARK ORDINANCE LITIGATION (35) Ed Dailey, 32371 Alipaz Street, Space 89, representing the Golden State Mobilehome Owners League, congratulated the City on its success in the Mobilehome Park Ordinance litigation and offered any assistance that might be needed from the GSMOL in recommencing enforcement of the ordinance. Mayor Bland noted that the Supreme Court had decided not to review the case, thereby upholding the Appellate Court decision, and advised that the Mobilehome Park Review Committee would be reinstated. WRITTEN COMMUNICATIONS ADOPTION OF URGENCY ORDINANCE - REQUEST FOR (76) Council received copies of a letter dated July 19, 1983, (95) from Arthur B. Birtcher, General Partner of Birtcher Pacific, P. O. Box A-1, Laguna Niguel, 92677-0100, requesting adoption of an Urgency Ordinance to allow medical clinics in the Industrial Park District. The letter advises that due to overcrowding in their present facilities, the San Juan Community Clinic wishes to move their operations to a building located at 33047 Calle Aviador, in an area zoned for industrial uses. Discussion ensued regarding the ramifications of adopting an Urgency Ordinance and the affects on the Industrial Park District zoning. The request was modified to allow non-profit medical clinics only. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Ordinance be adopted: -3- 8/2/83 26A ORDINANCE NO. 489, NON-PROFIT MEDICAL CLINICS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING NON-PROFIT MEDICAL CLINICS AS A PERMITTED USE IN THE INDUSTRIAL PARK (MP) DISTRICT (URGENCY) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim Schwartze and Mayor Bland NOES: None ABSENT: None The Ordinance adds Section 9-3.417(b)(14) to the Municipal Code and will be in effect for 120 days or until November 30, 1983, unless extended. 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 Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated August 2, 1983, Warrant Register No. 84-021, in the total amount of $322,518.11, was approved as submitted. 2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF (23) The Report dated August 2, 1983, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of July 25, 1983, was ordered received and filed. 3. REPORT OF PARKS AND RECREATION COMMISSION MEETING OF JULY 18. 1983 (62) The Report dated August 2, 1983, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of July 18, 1983, was ordered received and filed. -4- 8/2/83 4. IF GRADING BOND, TRACT 11086 1 DEL RIO 267 (38) As set forth in the report dated August 3, 1983, from the (85) Director of Public Works, all grading work required for Tract 11086 was completed and Grading Bond NO. 100715, from Developers Insurance Company, in the amount of $72,300, was released. 5. CHANGE ORDERS NOS. 12 AND 13 - (52) As set forth in the report dated August 2, 1983, from the Senior Administrative Assistant, Contract Change Orders Nos. 12 and 13, in the total amount of $81,239.89, were approved for revisions to Acjachema Street, correction of mechanical errors, landscaping modifications, and an extension of time to September 20, 1983. 6. RATIFICATION OF REVISIONS TO ACJACHEMA STREET IMPROVEMENT rnnv+cesv wim /n7nn WoL nu nnAAT(vl 1Z0_4A701 (38) As set forth in the report dated August 2, 1983, from the (83) Senior Administrative Assistant, revisions dealing with insurance requirements and payment of administration costs which were made to the Acjachema Street Improvement Agreement by the Diocese of Orange, were ratified and the Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. PUBLIC HEARINGS 1. APPROVAL OF REZONE 83-3, PROPERTY LOCATED AT SOUTHERLY TERMINUS OF LA NOVIA CHEVRIER) (95) Proposal: Zone change from Growth Management to Small Estate for approximately .67 acres located at the southerly terminus of La Novia, formerly known as the Ultimo property. The site contains a 7,000 -square -foot single-family residence and is surrounded to the south, east, and west by Glendale Federal property and to the northeast by the Los Corrales tract. The proposed zone change would rezone the property for the residential use as it has been developed and would relieve the property owner of the development standards for GM -zoned properties which are designed for large-scale agricultural residences. Applicant/Property Owner: Frank and Irene Chevrier, 3506 South Birch Street, Santa Ana, 92707. Written Communications: Report dated August 2, 1983, from the Director of Community Planning and Development, forwarding the Planning Commission recommendation of approval., -5- 8/2/83 266 2. Mr. Merrell advised that the Rezone application was made when planned additions to the house conflicted with the setback requirements of the GM zone. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following person responded: (1) Evan Lindsey, of the architectural firm of Arthur Valdes and Company, was present to represent the owner and to answer questions. There being no further response, the Hearing was closed 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 Rezone: 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. 490, REZONE 83-3 (CHEVRIER) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 398 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 666-012-02 TO ES (SMALL ESTATE) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim Schwartze and Mayor Bland NOES: None ABSENT: None (74) Proposal: (85) Consideration of charges to be assessed in conjunction with the Landscape Maintenance Districts in Tracts 9284, 9382, 7654, 9373, 7673, and 8485. Applicant: This was a City -initiated Hearing. -6- 8/2/83 Written Communications: Report dated August 2, 1983, from the Director of Public Works, advising that a meeting had been held to solicit comments regarding the proposed assessments and that Tracts 7673, 8485 and 9382 (Maurer tracts) would be assessed as originally determined; Tracts 9373 and 7654 (Los Corrales) would reflect reduced costs based on the assumption of watering by the individual homeowners; and, Tract 9284 (Sea View) wished to enter into a Memorandum of Understanding for a reduced service level, with homeowners responsible for the majority of determining what work is to be done and supervising its progress. The Director of Public Works reviewed the proposals forthcoming from the public meeting and discussed the proposed engineering study to determine the cause of the slope failure in the Los Corrales Tract 7654. Public Hearing: Stating a conflict of interest, Councilman Schwartze left the Council Chamber. Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded: (1) David Specter, 31902 Via Fierro, advised of a slope failure on his property; stated the District was responsible for plant establishment, maintenance and repair of the slope; spoke in favor of the study to determine the cause of the slope failure. (2) Robert Perry, 31842 Paseo Labranza, stated opposition to the proposed committee to monitor watering of the slopes by individuals unless the affected persons had agreed to do the watering. (3) George Kerr, 28142 Via Del Cerro, cited problems with plant establishment and drain cleaning on his property. (4) Crystal Kerr, 28142 Via Del Cerro, was advised that a soils investigation was being conducted to determine mineral content in the area; that some plant establishment problems had been encountered due to a high boron content in the soil. (5) Richard Wann, 28131 Calle San Remo, cited problems with obtaining contractor maintenance on a regular basis. (6) Richard Wordes, 31812 Paseo La Branza, discussed responsibility for slope repair; bonding and overseeing of the contractor's work; and, the formation of the committee to monitor watering. -7- 8/2/83 Z7Q41 (7) Jack Bankley, 31852 Via Puntero, stated opposition to the engineering study and cited concerns with the assumption of implied homeowner responsibility in conjunction with the study. (8) Dennis Haehn, 28261 Via Rueda, commended staff for their efforts in communicating with homeowners; discussed formation of the proposed committee; and, suggested that guarantees be obtained to assure that future slope plantings will succeed. (9) Charles Graham, 28172 Via Del Cerro, stated that developer should bear the cost of re -working the irrigation in Tract 9373 and cited concerns with individuals being responsible for slope watering, suggesting consideration of drip irrigation. There being no further response, Mayor Bland closed the Hearing with the right to re -open at any time. Council Discussion: Council discussed installation of drought -resistant plants. Councilman Friess recommended formation of liaison groups in each tract to work with staff to monitor the maintenance situation, provide resident input, and make budget recommendations. Mayor Bland stated concerns regarding the engineering study, and Councilman Friess suggested that funds be authorized but not spent until advisory committees are formed and have evaluated the project. Confirmation of Charges: It was moved by Councilman Hausdorfer, seconded by Councilman Friess to approve the Memorandum of Understanding with Tract 9284 and to adopt the following Resolution: ON NO. 83-8-2-1. CONFIRMING IJO.) LHLV 1J bl.HYt'. 11H 11V "1'E LV L -11V 1.L L10"1'K11:"1'.7 - L'. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 1983 LANDSCAPE MAINTENANCE DISTRICTS CHARGES IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, and Mayor Bland NOES: None ABSENT: Councilman Schwartze The Resolution adopts the following assessments and directs that the report be forwarded to the County Assessor and Tax Collector for inclusion on the 1983-84 tax rolls: �L 8/2/83 Assessment Per Tract Parcel Per Year 9284 $485 7654 463 7673 195 8485 271 9382 490 9373 204 Formationof Advisory Committees: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried with Councilman Schwartze absent, to direct that Advisory Committees be formed for each tract from applications made to Public Works and that the Committees meet with the City Manager and staff to evaluate the process and make budget recommendations. Councilman Schwartze returned to the dais. 3. CONFIRMATION OF ASSESSMENTS FOR 1983 WEED ABATEMENT CHARGES (74) Proposal: Consideration of charges to be assessed for the 1983 Weed and Hazard Abatement Program. Charges include the actual contractor's cost for performing the work and an additional 258 for City administration overhead and inspection. Applicant: This was a City -initiated Hearing. Written Communications: Report dated August 2, 1983, from the Director of Public Works advising that the Cost Report itemizing the assessed charges will be posted at City Hall from July22 through August 10. 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. Confirmation of Charges: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 83-82-2-2, CONFIRMING COST REPORT - 1983 WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR 1983 WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO -9- 8/2/83 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None The Resolution finds the charges for weed abatement acceptable; authorizes the Hearing Officer to accept payment due on the abatement until August 5, 1983; and, directs that a copy of the "City of San Juan Capistrano, Weed Abatement - 1983" Report be forwarded to the County Assessor and Tax Collector. The Report must be received by the County no later than August 10 for inclusion on the tax rolls. RESOLUTIONS 1. CONFIRMING 1983-84 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3 (ORTEGA PROPERTIES) (74) Written Communications: Report dated August 2, 1983, from the Director of Public Works advising that the County Tax Assessor must be notified annually of payments for 1915 Act Bonds. The report advises that the Ortega Properties Assessment District 78-3 was financed through 1915 Act Bonds, and forwards a resolution confirming assessment charges. Confirmation of Charges: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 83-8-2-3, CONFIRMING 1983-84 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING 1983-84 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None The Resolution advises that the County collects the annual payment of assessments and, commencing in Fiscal Year 1983-84, will deduct a collection charge of ;%. The City Clerk was directed to forward a copy of the Resolution to the Orange County Auditor for inclusion on the 1983-84 Secured Tax Roll. -10- 8/2/83 CN IV` a"; 2. SETTING SEWER BOND TAX RATE - FISCAL YEAR 1983-84 (86) Written Communications: Report dated August 2, 1983, from the Director of Administrative Services, forwarding a resolution establishing and imposing an ad valorem sewer bond tax rate of .00625 percent of the full value of secured real property, pursuant to the California Revenue and Taxation Code, Section 93. 1341161 1. Approval of Tax Rate: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the following Resolution be adopted: ION NO. 83-8-2-4 BOND TAX RATE - Y16UAL Yk AR i7PbJ-b4 - A I'M OULu1:1v1V Ur inn CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING AND IMPOSING AN AD VALOREM SEWER BOND TAX RATE FOR THE 1983-84 FISCAL YEAR 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 local newspaper within 15 days Resolution to the Orange County CONTRACTS, AGREEMENTS publish the Resolution in a and to forward a copy of the Auditor -Controller. PLANS AND SPECIFICATIONS - SANITARY (80) Written Communications: Report dated August 2, 1983, from the Director of Public Works advising that problems which delayed installation of the City sewage flow metering and monitoring equipment have been remedied and requesting review and reapproval of plans, as well as a budget adjustment reflecting a cost increase from the amount budgeted for the project in the 1982-83 budget. Approval of Plans: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the plans and specifications for the installation of City flow monitoring equipment and to authorize the budget adjustment of $13,000 in the Sewer Enterprise Fund, Flow Monitoring Station, Account No. 07-4770-714. -11- 8/2/83 2"74 2. APPROVAL OF AGREEMENT FOR CULTURAL ARTS SERVICES (38) Written Communications: (61) Report dated August 2, 1983, from the Senior Administrative Assistant, forwarding an agreement delineating the duties and responsibilities of Libros y Artes as the cultural arts arm of the City. The agreement is renewable on a yearly basis. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the agreement with Libros y Artes de San Juan Capistrano and to authorize the Mayor and City Clerk to execute the document on behalf of the City. RECESS AND RECONVENE Council recessed at 8:33 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:38 p.m. COUNCIL ACTIONS APPOINTMENT TO MOBILEHOME PARK REVIEW COMMITTEE (23) This item was taken out of order on the Agenda. Written Communications: Report dated August 2, 1983, from the Senior Administrative Assistant, forwarding applications for appointment to the Mobilehome Park Review Committee; one vacancy exists on the Committee. Councilman Schwartze suggested that this item be held over to the meeting of August 16 to give the Council an opportunity to meet and interview interested persons and to assure that all Mobilehome Park Owners and Managers are contacted regarding the existing vacancy on the Committee. Councilman Buchheim suggested that the period for filing applications be re -opened. Acceptance of Applications: It was moved by Councilman Schwartze, seconded by Councilman _ Buchheim and unanimously carried to hold appointment to the Committee to the meeting of August 16 and to accept applications until August 12. ADMINISTRATIVE ITEMS CITY MANAGER 1. 1983-88 FISCAL BUDGET - COMMUNITY ORGANIZATION BUDGETS (CHAMBER OF COMMERCE) (24) This item was continued from the meeting of July 19, 1983. -12- 8/2/83 275 (29) Written Communications: Report dated August 2, 1983, from the City Manager, advising that the staff recommendation for funding in the amount of $18,500, the same level as last year, remained unchanged from the July 19th report. The Chamber had requested $61,424, with initiation of a South Orange County Visitor's Center, or $37,350 without the Visitor's Center. Janice Arnone, Executive Director of the Chamber, cited the Chamber's goals for the coming years and the need for the additional funding. Funding of Chamber of Commerce: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to provide funding to the Chamber of Commerce for the 1983-84 Fiscal Year in the amount of $18,500. RECESS AND RECONVENE Council recessed at 8:50 p.m., and reconvened at 9:04 p.m. 2. 1983-88 FISCAL BUDGET - COMMUNITY ORGANIZATION BUDGETS (CONCEPT COMMUNICATIONS) (38-#373) (24) This item was continued from the meeting of July 19, 1983. (34) (38) Written Communications: Report dated August 2, 1983, from the City Manager, advising of Jeff Vasquez's reservations regarding use of the film "La Historia de Capistrano" to raise funds for the continuing support of historical, cultural and educational non-profit groups. The report reviews three proposals made by Mr. Vasquez and recommends that the City not participate any further. Mr. Vasquez had requested an additional $12,500. Mr. Vasquez made a slide presentation of the proposed film. He cited benefits and value of the film; reviewed his proposals for financing the remaining work to be done; and, stated concerns with the City's proposed use of the film. Council stated their desire to fund the film, provided some means of reimbursement of the investment could be achieved. Discussion ensued regarding means of providing a solution satisfactory to both parties. Continuationof Request/Formation of Committee: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried that a committee comprised of a Council Member, the City Manager and Jeff Vasquez be formed to review funding mechanisms to accomplish the goals of both the City and Mr. Vasquez with a report to be submitted on August 16. It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to appoint Councilman Gary Hausdorfer to represent Council on the Committee. -13- 8/2/83 2"76 DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. APPROVAL OF APPEAL OF PLANNING COMMISSION DECISION GRADING PLAN, LOT 62, TRACT 6305 (SEHREMELIS/HUNT CLUB) (67) This item was continued from the meeting of July 5, 1983, to (85) resolve possible problems in implementing the Development Constraints Matrix. Written Communications: (1) Report dated August 2, 1983, from the Director of Community Planning and Development, stating the results of a meeting held with representatives of the Homeowners Association and project developers to clarify and identify the applicable constraints matrix to be used in evaluating individual proposals for residential units. The report recommends that the appeal be addressed as a modification to previously approved plans, requiring a determination of consistency with the Hillside Management District, and that the action of th Planning Commission be affirmed. (2) Letter dated July 29, 1983, from Kevin Sheridan, Capistrano Partners, P. O. Box 1198, San Juan Capistrano, taking exception to the conclusions reached at the meeting as stated in the staff report and stating that the plans are consistent with the Composite Grading Plans and conform to the Building Matrix of the recorded Hunt Club CC&R's. Exhibits were on display and Mr. Merrell advised that he had met with Scott Sheridan and an agreement had been reached that the correct Matrix was the one recorded with the Hunt Club CC&R's; that the Sehremelis plans conformed with that Matrix. He suggested that the appeal be considered in terms of setback, grading and view impacts and that the proposal be judged on its own merits and a determination be made whether this was an appropriate treatment for the lot. He further noted that mitigating measures had been introduced after the Planning Commission denial. Public Input: The following persons addressed Council: _ (1) Scott Sheridan, Capistrano Partners, discussed contour grading done on the tract and the resulting necessity to grade each lot; stated that the project was consistent with the appropriate requirements. (2) Walter Wood, Chairman of the Architectural Committee, urged approval of the appeal and stated that the project was consistent with the perameters under which it was reviewed. -14- 8/2/83 2"7'7 (3) Stan Schroepfer, Architect, advised that 1,100 cubic yards of dirt would be graded and the majority would be used in other areas of the lot; that the exterior of the lot would not be altered; that this project was in conformance with development of the overall tract. Council Discussion: Councilman Friess stated concerns with the size and scope of homes being built in the area. Councilman Hausdorfer stated concerns with impacts on neighboring lots and that there might be long-term problems resulting from construction of homes this size. Mayor Bland stated concerns that the proposed use was too intensive for the lot. Approval of Appeal: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and carried with Mayor Bland voting in the negative, to approve the project as revised and presented. 2. INITIATION OF GENERAL PLAN AMENDMENT 83-3 (EQUESTRIAN TRAILS/ELKINS PUBLIC STORAGE) (46) Proposal: Consideration of the following items submitted for inclusion in the initiation of General Plan Amendment 83-3: Item #1 - Application made by George Elkins to amend the Land Use Element from 1.4 (Medium Density Residential) to SS (Special Study) for a 3.1± acre parcel located east of Bill Yates Volkswagen to allow development of a public storage facility. Item #2 - Application by the City to amend the Parks and Recreation Element as it relates to equestrian/hiking trail alignments, facilities, and design standards. Written Communications: Report dated August 2, 1983, from the Director of Community Planning and Development, recommending that Item #1 be expanded to include those additional parcels between the subject property and Valle Road. Initiation of Amendment: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to initiate General Plan Amendment 83-3, consisting of two items submitted for Council consideration, noting that said action allows consideration of the items and should not be construed as either approval or denial of the individual petitions. -15- 8/2/83 27-8 DIRECTOR OF PUBLIC WORKS 1. COMPLETION OF 1983 WEED ABATEMENT PROGRAM (HERBERT J. (38) Written Communications: (74) Report dated August 2, 1983, from the Director of Public _ Works advising that the initial Weed Abatement Program for 1983 has been completed. Acceptance of Work: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 83-8-2-5, COMPLETION OF WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO - 1983 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO THE ABATEMENT OF WEEDS AND OTHER NOXIOUS AND PUBLIC NUISANCES IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None The Resolution accepts the work as complete and directs that a Notice of Completion be forwarded to the County Recorder within 10 days. Payment status is as follows: Total Cost to Date $37,941.55 Less 10% Retention 3,794.15 Less Progress Payment #1 16,187.85 Amount Due 17,959.55 Staff was authorized to make payment as indicated and to release the 10% retention 35 days after recordation of the Notice of Completion. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF JULY 26, 1983 (67) Council received copies of a report dated August 2, 1983, from Thomas Tomlinson, Acting Director of Community Planning and Development, advising that the July 26, 1983, meeting had been cancelled due to a lack of quorum. The next regularly scheduled meeting is August 9, 1983. -16- 8/2/83 2'79 EQUESTRIAN COMMISSION 1. STATUS REPORT - COMPREHENSIVE REVIEW OF EQUESTRIAN/HIKING TRAIL SYSTEM (23) Written Communications: (62) Report dated August 2, 1983, from the Secretary to the Equestrian Commission, advising that on March 1, 1983, Council authorized staff and the Commission to conduct a comprehensive review of the currently adopted equestrian standards, and summarizing and forwarding work that has been completed to date. The City Manager noted that the item had been presented for information only and with the concurrence of Council, Mayor Bland directed that the report be received and filed. COUNCIL ACTIONS 1. DESIGNATION OF VOTING DELEGATE AND ALTERNATE - ANNUAL (61) Written Communications: Report dated August 2, 1983, from the City Clerk, advising that a Delegate and Alternate should be appointed to represent the City at the General Business Session of the League of Cities Annual Conference. The Conference will be held October 2 - 5, 1983, in San Francisco. Designation of Delegates: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried that Mayor Bland be appointed as the Voting Delegate and Councilman Schwartze be appointed as the Alternate Delegate to represent the City at the League Conference. 2. APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW, PARKS AND RECREATION COMMISSION, AND EQUESTRIAN COMMISSION (23) Written Communication: (62) Report dated August 2, 1983, from the Senior Administrative Assistant, advising that the following individuals declined to accept their appointments: Ed Haworth - Architectural Board of Review Richard Wordes - Equestrian Commission Jim Allen - Parks and Recreation Commission Appointment to Architectural Board of Review: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to appoint Richard Wordes to the Architectural Board of Review. tment strian It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to appoint John Stewart to the Equestrian Commission. -17- 8/2/83 280 Appointment to Parks and Recreation Commission: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to appoint Kathy Holmes to the Parks and Recreation Commission. COUNCIL REMARKS 1. PORTABLE DUMPSTERS (45) Councilman Buchheim suggested that portable dumpsters be marked with reflective tape to aid night visibility and there was a consensus that letters be written to the trash companies. 2. ADVERTISING BANNERS/SIGNS (25) Councilman Friess requested a report regarding the status of the signs advertising the Camelot Development and noted the portable sign at the Goeden Development. Mayor Bland noted the banner advertising the Antique Mall on weekends and the portable sign with balloons advertising Cafe Mozart. 3. TRUCK TRAFFIC (87) Councilman Friess noted that truck traffic remains a problem on San Juan Creek Road. 4. SLOPE FAILURES (74) There was a consensus of Council that a report be prepared regarding possible insurance requirements or the feasibility of lengthening bonding time periods to provide more protection in instances of slope failure. 5. BOARDS/COMMISSIONS MEETING ATTENDANCE (23) Mayor Bland suggested that Council Members attend Board and Commission meetings on a monthly basis to monitor activities and a schedule for the month of August was prepared. 6. EMPLOYEE RECOGNITION (66) There was a consensus of Council that employees recognized in 1982 for long-term employment also receive service plaques. CLOSED SESSION Council recessed to a Closed Session at 10:45 p.m., for discussion of personnel and legal matters, the City Clerk being excused therefrom, and reconvened at 10:55 p.m. -18- 8/2/83 283.. COUNCIL ACTIONS CLAIMS (35) It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to direct legal staff to complete the Claim in regards to Goodman vs. Counts, et al. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:56 p.m., to the next regular meeting date of August 16, 1983, at 7:00 p.m., in the City Council Chamber. ATTEST: ANTHONY L. AND, MAYOR Respectfully submitted, -19- 8/2/83