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83-1115_CC_Minutes_Regular Meeting39-1 NOVEMBER 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 Bland at 7:00 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: Anthony L. Bland, Mayor Gary L. Hausdorfer, Mayor pro tem Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Robert G. Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Tom Tomlinson, Senior Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson, Recording Secretary. MINUTES Adjourned Regular Meeting of October 25, 1983: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Adjourned Regular Meeting of October 25, 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 Regular Meeting of November 1, 1983: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of November 1, 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 -1- 11/15/83 MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer 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 MOBILE HOME PARK REVIEW COMMITTEE 1. RECOMMENDATIONS - SAN JUAN MOBILE ESTATES (CONTINUED) (23) At the request of Howard Parelskin, attorney for the Park Owner, the item was continued to the meeting of December 6, 1983. BASIN 46 (38) Council received copies of an agreement between Shigeru (94) Kinoshita, President, Kinoshita Farms, and the City, for (68) reimbursement of expenses assessed to Mr. Kinoshita by the San Juan Basin Authority for water used for irrigation purposes, pursuant to an "Emergency Agricultural Water Agreement" between the Authority and Mr. Kinoshita. Councilman Hausdorfer noted that due to an emergency, Mr. Kinoshita had entered into the agreement with San Juan Basin Authority which requires him to pay all engineering and construction costs necessary to connect to Well No. 2; to pay all standby costs of Well No. 2 and maintenance costs of the Facilities; and, to hold the Authority free and harmless from any loss, damage, liability, cost or expense that may arise. Mr. Kinoshita requested reimbursement of those major costs as part of the Agriculture Program. Councilman Hausdorfer stated that the reimbursement is consistent with the City's intention to preserve agriculture. Approval of Agreement It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the "Agreement for Reimbursement of Major Expenses Incurred in Connection with Use of San Juan Basin Authority Water Facilities," with expenses to be charged to the Agricultural Preservation Fund. -2- 11/15/83 n93I�y)- ORAL COMMUNICATIONS 1. CHILDREN'S LIBRARY PARADE (52) Emily Jackson, San Juan Capistrano Branch Librarian, spoke in support of a waiver of the parade permit license fee of $720 for the parade to be held in conjunction with the library's grand opening ceremony on December 3, 1983. 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 f:M �Y�l�1i��`C•m 1. APPROVAL OF WARRANTS (41) The List of Demands dated November 15, 1983, Warrant Register No. 83-052, in the total amount of $256,773.24, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (41) The City Treasurer's Report of Investments as of October .31, 1983, in the total amount of $5,510,000.00, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (41) The City Treasurer's Report advising that there were no 1911 Act Bond Delinquencies as of October 31, 1983, was approved as submitted. 4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS OF OCTOBER 12 AND 26, 1983 (23) The Report dated November 15, 1983, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of October 12 and 26, 1983, was ordered received and filed. 5. CLAIM FOR DAMAGES (FISH) (35) Pursuant to the advice of the City's Claims Administrator with regard to the Claim in the amount of $50,000, received by the City on October 31, 1983, for damages to the residence of Robert and Pamela Fish, the City Clerk was directed to forward a Notice of Insufficiency to the claimant prior to November 20, 1983, as set forth in the report dated November 15, 1983, from the City Clerk. -3- 11/15/83 APPROVAL OF APPLICATION FOR SENATE BILL 244 GRANT FUNDS (VEREDA BIKEWAY) (62) As set forth in the report dated November 15, 1983, from the (41) Senior Administrative Assistant, the application for Senate Bill 244 grant funds for construction of the Vereda Bikeway from Paseo Tirador to Camino Capistrano was approved. PUBLIC HEARINGS 1. APPROVAL OF TEMPORARY STREET CLOSURE CHILDREN'S LIBRARY PARADE, DECEMBER 3, 1983 (52) Proposal: (65) Hearing conducted in accordance with Section 5-11.05 of the Municipal Code to consider issuance of a permit for a children's parade to be conducted as part of the opening day festivities for the new San Juan Capistrano Library on Saturday, December 3, 1983. Closure of the following streets will be necessary: Camino Capistrano, Forster Street, Yorba Street, Ortega Highway, and Acjachema Street. Estimated cost to provide the necessary equipment and Public Works personnel for traffic control services is $720. The Sheriff's Department will be requested to furnish personnel for traffic control. Applicant: San Juan Capistrano Library, 31495 E1 Camino Real, San Juan Capistrano. Written Communications: (1) Memorandum dated November 15, 1983, from the City Manager, recommending waiver of the parade license fee of $720 with the expenditure authorized from the Council Discretionary Fund. (2) Report dated November 15, Public Works, recommending permit; closure of certain permit fee at $720. 1983, from the Director of approval of the parade streets, and setting of the (3) Letter received November 14, 1983, from Frank M. Graham, San Juan Grooming Parlour, 31401 Camino Capistrano, in opposition to the parade and street closure. The Director of Public Works advised that Mr. Graham had been contacted and assured that the parade would not totally close the street and circulation would be provided to businesses in the area. Public Hearing: Notice having been given as required opened the Public Hearing and, there closed the Hearing with the right to by law, Mayor Bland being no response, re -open at any time. -4- 11/15/83 2. of Permit/Waiver of Fee sure of Streets: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to authorize the City Clerk to issue the parade permit; to waive the parade license fee of $720; and, to close the following streets between 8:45 a.m. and 10:00 a.m., on Saturday, December 3, 1983: Camino Capistrano between Del Obispo Street and La Zanja Street; Forster Street between Camino Capistrano and E1 Camino Real; Yorba Street between Camino Capistrano and E1 Camino Real; Ortega Highway between Camino Capistrano and E1 Camino Real; Acjachema Street between Camino Capistrano and E1 Camino Real. AMENDMENT TO LOS RIOS PRECISE (23) Proposal: (67) Consideration of an appeal of the following conditions of (68) approval for AC 83-4, a commercial office development project located on the northwest corner of Los Rios Street and Del Obispo Street: (1) reduction of the Building A footprint from 5,488 square feet to 4,500 square feet; (::) increase of the Building A setback from 6 feet to 8 feet; (3) construction of certain Paseo Adelanto improvements and extension north of Del Obispo Street; and, (4) lowering of the finish floor elevation to 91.5 feet. Included is an appeal of the Commission's denial of an amendment to the Los Rios Precise Plan to allow the increased Building A footprint size. Surrounding uses include nursery to the north, a flood control channel and vacant parcel to the west, the E1 Adobe Plaza across Los Rios Street to the east, and the Bank of America across Del Obispo Street to the south. The present zoning is SP (Precise Plan) District and development standards and uses are governed by the Los Rios Precise Plan. Applicant/Property Owner: Gerald J. Chazan, Chazan Construction Company, 431 North Brand Boulevard, Glendale, 91203. Written Communications: (1) Report dated November 15, 1983, from the Director of Community Planning and Development, forwarding background information and Commission, Board and staff recommendations. The report cites the applicant's concerns regarding the impacts of requiring the extension of Paseo Adelanto for project access and notes that an effort will be made to determine the applicant's "benefit;" that the applicant would not be required to pay more than a pro -rata share. -5- 11/15/83 (2) Letter dated November 10, 1983, from Timothy J. Blied, Attorney at Law, Gallivan, Schmiesing & Blied, 2782 Bristol Street, Suite 100, Costa Mesa, 92626, withdrawing the appeal of the condition to improve and extend Paseo Adelanto, since a participation agreement may be acceptable. Exhibits were on display and Tom Tomlinson reviewed the Planning Commission's actions. He advised that staff recommended approval of the amendment to the Los Rios Precise Plan and the request to increase the Building A footprint size, but concurred with the Commission actions regarding the setback requirement and lowered finish floor elevation. Councilman Buchheim left the Council Chamber at 7:13 p.m., and returned at 7:15 p.m. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded: (1) Carolyn Nash, 32906 Avenida Descanso, representing the Planning Commission, stated the Los Rios Precise Plan would be compromised by the present plan. She reiterated the Commission's stand that the Precise Plan contains specific standards that should be adhered to and that the design of Building A should be maintained at the lesser footprint size. (2) Robert Davies, 29391 Edgewood Road, Planning Commissioner, stated that the Los Rios Precise Plan regulations should be upheld. (3) Timothy Blied, attorney representing Chazan Construction Company, spoke in support of the 6 -foot setback and increased footprint size. He advised that discussion is continuing regarding a participation agreement for construction of the extension of Paseo Adelanto. (4) Craig Combs, Architect, 1535 Monrovia Avenue, Newport Beach, 92663, spoke in support of the 6 -foot setback and increased footprint size; discussed preservation of the view corridor from Del Obispo north, and a large pepper tree on the parcel. There being no further response, Mayor Bland closed the Hearing with the right to re -open at any time. Council Discussion: Council discussed protection of the view corridor; impacts of an increased footprint size for Building A; and, the finish floor elevation. -6- 11/15/83 M Certification of Single EIR: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and carried with Councilman Friess voting in the negative, to certify the use of a single EIR. Approval of Architectural Control 83-4: It was moved by Councilman Scwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted with an amended condition to allow a 6 -foot setback for Building A. Following discussion and with the concurrence of the second, the motion was amended to maintain the condition requiring an 8 -foot setback for Building A. RESOLUTION NO. 83-11-15-1, rnnTMDnr_ AQ -A iT.AC: FIDT)A41 - COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING ARCHITECTURAL CONTROL 83-4 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: Councilman Fries ABSENT: None Amendment to Los Rios Precise Plan: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution amending the Los Rios Precise Plan to increase the footprint size for Building Area A to 5,488 square feet, be adopted: RESOLUTION NO. 83-11-15-2, AMENDMENT TO THE LOS RIOS PRECISE PLAN - A RESOLUTION OF THE CITY COUNCIL OF TH CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE LOS RIOS PRECISE PLAN WHICH HAS BEEN PREPARED IN ACCORDANCE WITH TITLE 7, CHAPTER 3, ARTICLE 8, OF THE CALIFORNIA GOVERNMENT CODE TO INCREASE THE MAXIMUM FOOTPRINT SIZE FOR BUILDING AREA A FROM 4,500 SQUARE FEET TO 5,488 SQUARE FEET FOR THE LOW DENSITY COMMERCIAL SECTOR The motion carried by the following vote: AYES: Councilmen Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: Councilman Friess ABSENT: None Councilman Friess advised that his opposition was due to the increased footprint size of the development to 5,488 square feet. -7- 11/15/83 APPROVAL OF REZONE 83-2 AND TENTATIVE PARCEL MAP 83-862 (95) Proposal: (85) Consideration of a total development request for a 10.6+ acre parcel located on the west side of Camino Capistrano at Doheny Park Road at the southern City limits. Surrounding uses include the Villas San Juan Mobile Home Park to the _ north and an adjacent vacant parcel to the south known as the Fainbarg parcel. The project proposes a mixed land use of service commercial, industrial suites and mini -storage and includes a zone change from CM (Commercial Manufacturing) to PD (Planned Development), complete development plans and a tentative parcel map. Applicant: Urban Assist, Inc., 3151 Airway Avenue, Building A-2, Costa Mesa, 92626, attention David Neish. Property Owner: Davis Developments, 1400 Bristol Street North, Suite 245, Newport Beach, 92660. Written Communications: (1) Report dated November 15, 1983, from the Director of Community Planning and Development, forwarding background information and the Planning Commission recommendation of approval. (2) Memorandum dated November 15, 1983, from the Director of Community Planning and Development, responding to amendments to Conditions in the Tentative Parcel Map suggested by the applicant by letter dated November 9, 1983. The amendments include: (1) Condition 7 - clarifying language regarding the extent of improvements along Camino Capistrano and Doheny Park Road, including possible relief from the requirement to install a landscaped median; (2) Condition 9 - permission to improve only half of the street improvements of the joint access road if the developer is unable to acquire access easements on the adjacent parcel; (3) Condition 15 - modification of the requirement to participate in the Camino Capistrano/Doheny Park Road traffic signal to require no more than 25% of the signal cost; and, (4) a request to allow 25% of the project parking to be striped for _ compact cars, thereby increasing the number of parking spaces. -8- 11/15/83 399 Exhibits were on display and Tom Tomlinson made an oral report. He reviewed the memorandum responding to amendments suggested by the developer and noted that the proposed wording of Condition 15, Traffic Signal, was acceptable. He suggested that the request for compact parking be referred back to the Planning Commission. Council cited concerns regarding the requirement to acquire easement rights on a property outside the City limits. The City Attorney stated that for the privilege of developing, the condition was reasonable and would assure development in accordance with City plans. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded: (1) David Neish, representing Urban Assist, applicant, spoke in support of the rezone and tentative parcel map and advised that the architectural control had been approved by the Planning Commission. He advised that participation in the traffic signal had been clarified in his letter. He stated that the developer would be willing to pay for half of the median along the project frontage, but preferred that the government agencies be responsible for actual construction. He stated concerns regarding the acquisition of property outside the City limits and suggested revised wording that if the parcel to the south were acquired, that half of the access road would be improved no later than June 30, 1985. He stated that the present parking plan is adequate, but requested flexibility to add additional spaces for compact cars. (2) Bob Campbell, President of the Capistrano Beach Design Advisory Committee, spoke in support of the project and expressed appreciation for the opportunity to provide input. He stated that improvement of the southern half of the entry road should be the responsibility of the County and Capistrano Beach. In response to Council, he stated that the Capistrano Beach Design Advisory Committee would support development of the entry road in conformance with these plans when the parcel to the south is developed. There being no further response, Mayor Bland closed the Hearing with the right to re -open at any time. Council Discussion/Suggested Amendment: Council stated support for the project and following discussion, took the following actions: -9- 11/15/83 400 Parking - Council concurred that the City's Parking Standards be reviewed to assure their adequacy. There was a consensus of Council that the request to permit 25% of the project parking to be in compact spaces was feasible and to refer the item to the Planning Commission. Condition 7, Public Streets - It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously _ carried to retain Condition 7 as presently stated and to indicate that the City would be in favor of a reimbursement policy and receptive to further discussion. Condition 9, Access Easement - The Director of Public Works stated concerns regarding circulation and suggested consideration of installing improvements at the throat of the entry to move any circulation problems off the street. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to delete this requirement, but to add that if the applicant acquires the adjacent property to the south, the access will be improved to the requirements of this condition by June 30, 1985; further, that staff and the applicant review methods of widening the driveway, including alteration of the landscaping. Condition 15, Traffic Signal - This condition is to be amended to reflect the modification of the requirement to participate in the Camino Capistrano/Doheny Park Road traffic signal to require no more than 258 of the signal cost. Certification of EIR: It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to certify the Focus Environmental Impact Report prepared for the project as adequate. Approval of Rezone 83-2: 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 introduced: ORDINANCE NO. 499, REZONE 83-2 (DAVIS DEVELOPMENT) - 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. 121-254-06 AND -07 FROM CM (COMMERCIAL MANUFACTURING) TO PD (PLANNING DEVELOPMENT) DISTRICT (DAVIS DEVELOPMENTS) -10- 11/15/83 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None Approval of Tentative Parcel Map: It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following Resolution be adopted wit'i the amended conditions: RESOLUTION NO. 83-11-15-3, TENTATIVE PARCEL MAP 83.81)[ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3AN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 83-862 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None ORDINANCES 1. ADOPTION OF ORDINANCE NO. 498 - FAM DI (55) Written Communications: Report dated November 15, 1983, from the City Clerk, advising that the Ordinance was introduced at the meeting cf November 1, 1983, and was scheduled for adoption. Ado tion of Ordinance: T e City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waivsd earlier in the meeting. It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the following Ordinance be adopted: ORDINANCE NO. 498, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - VETERINARY CLINICS AND NONPROFIT MEDICAL CLINICS IN THE MP DISTRICT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.417 OF THE MUNICIPAL CODE ADDING VETERINALY CLINICS AND NONPROFIT MEDICAL CLINICS AS CONDITIONXI. USES IN THE MP (INDUSTRIAL PARK) DISTRICT -11- 11/15/83 402 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None RESOLUTIONS 1. AUTHORIZATION TO SUBMIT PROJECT APPLICATION - STONEHILL DRIVE EXTENSION, FEDERAL AID URBAN PROGRAM (COUNTY OF ORANGE) (44) Written Communications: (56) Report dated November 15, 1983, from the Director of Public Works, advising that the Orange County Board of Supervisors adopted a resolution authorizing submittal of an application to the Orange County Transportation Commission for consideration of Federal Aid Urban funding for the Stonehill Drive extension (Seaside Drive to Camino Capistrano) and noting that since a portion of the proposed extension lies within the City limits, the City must also adopt a resolution authorizing the project submittal. Total Cost of the project is estimated at $7,840,000; local matching funds in the amount of $782,000 would be required. The present action does not involve an expenditure of City funds; however, if the project is included in the County FAU Program, a future City budget commitment would be necessary. Project Application: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 83-11-15-4, FEDERAL AID URBAN PROGRAM - STONEHILL DRIVE (SEASIDE DRIVE TO CAMINO CAPISTRANO) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING SUBMITTAL OF THE STONEHILL DRIVE PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION COMMISSION FOR CONSIDERATION OF INCLUSION WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM (SEASIDE DRIVE TO CAMINO CAPISTRANO) The motion carried by the following vote: _ AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None -12- 11/15/83 RECESS AND RECONVENE Council recessed at 8:50 p.m., to convene the San Juan Capistra'LO Community Redevelopment Agency, and reconvened at 8:52 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. ADOPTION OF PROCEDURAL GUIDELINES, MOBILE HOME PARK REVIEW COMMITTEE (23) Written Communications: (1) Report dated November 15, 1983, from the City Manager, advising that the Guidelines would be forwarded to Council prior to the meeting. (2) Report dated November 15, 1983, from the City Manager; forwarding administrative procedural guidelines for u;e by the Mobile Home Park Review Committee, as directed by Council on October 25, 1983. The City Manager reviewed the guidelines, advising that tha intent was to set forth the City's interpretation of the ordinance and to provide a written framework for both parties to operate within. Discussion ensued regarding modifications, and staff was directed to delete the word "public" with reference to hearings in favor of the adjudicatory hearing process and to identify and state the number of persons to be called as witnesses. Adoption of Procedures: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted, and that the Procedures be approved as amended: RESOLUTION NO. 83-11-15-5, ESTABLISHING AND ADOPTING AVF111V1b'1'1UF1'1'1V1; rAU(-I✓UUA-n; - VIVUIJ r, MUIl. YA1CA AZVllw COMMITTEE - A RESOLUTION OF THE CITY COUNCIL OF THE C -TY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING AND ADOPTING ADMINISTRATIVE PROCEDURES FOR THE MOBILE HOM-s PARK REVIEW COMMITTEE The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None Mobile Home Park Review Committee Meeting: There was a consensus of Council that a Committee meeting 5e held to review the Procedures. -13- 11/15/83 iiIRECTOR OF PUBLIC WORKS STATUS REPORT (SERRA) 79) Written Communications: Report dated November 16, 1983, from the Director of Public Works, advising the Project Committee 19 (Plant Expansion) has been officially formed; that Project Committee 16 (Solids Handling and Odor Control Facilities) is ready to initiate construction procedures as soon as money is available; and, that the SERRA Master Plan is in the final stages of completion. The Director of Public Works made an oral report and advised that the Santa Margarita Water District is considering a site in San Juan Capistrano for a treatment facility. Councilman Buchheim noted that a letter has been prepared for the Mayor's signature advising the Chairman of the Santa Margarita Water District that the City would not be in favor of the project and that such a facility would not be in compliance with the City's zoning and General Plan. There was a concurrence of Council to authorize the Mayor to sign and forward the letter. DENIAL OF REQUEST FOR SCHOOL CROSSING GUARD CAMINO CAPISTRANO/LA ZANJA 76) Written Communications: 78) Report dated November 15, 1983, from the Director of Public 69) Works, forwarding a request from the Capistrano Unified School District for placement of a school crossing guard at the intersection of Camino Capistrano and La Zanja. The report advises that the request was analyzed in accordance with the adopted City policy for considering crossing guard requests; that the Traffic and Transportation Commission reviewed the request and recommended denial. The Director of Public Works advised that the locations did not meet the established warrants for placement of a crossing guard. Lt. Kemmis, Orange County Sheriff's Department, advised that patrol has been increased in the area and may alleviate concerns. Denial of Request: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to deny the request for a school crossing guard at the intersection of Camino Capistrano and La Zanja. -14- r r � 11/15/83 DIRECTOR OF RECREATION 1. SUMMER QUARTERLY RECREATION PROGRAMS REPORT - 1983 (62) Written Communications: Report dated November 15, 1983, from the Director of Recreation, forwarding the Quarterly Recreation Programs report for Summer, 1983, as approved by the Parks and Recreation Commission. With the concurrence of Council, Mayor Bland directed that the report be received and filed. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF NOVEMBER 8, 1983 (67) The Report of Actions taken by the Planning Commission at their meeting of November 8, 1983, was ordered received and filed. PUBLIC FACILITIES COMMITTEE 1. STATUS REPORT (34) This item was continued to a future date. COUNCIL REMARKS 1. MOTORCYCLES - COOK PARK AREA (70) Councilman Friess requested Sheriff's Department enforcement (87) with regard to motorcycle riders in the Cook Park area. Lt. Kemmis advised that the creekbed is being patrolled and the area will be increased to include Cook Park. 2. LIBROS Y ARTES - COMMUNITY BUILDING COSTS (61) Councilman Friess noted that a meeting had been held with Libros y Artes to discuss establishment of a charge for use of the Community Room at the Library; that the average daily fee is $55. He cited their concerns and stated they were advised that they may request a reduction in the cost of the fee if they are unable to make the payments by the end of the fiscal year. 3. MOBILE HOME PARKS (23) Councilman Friess advised that Senator William Craven will hold a hearing on the issue of amendments to mobilehome park rules and regulations on November 21st in Santa Barbara. There was a concurrence of Council that a letter be prepared citing the City's experiences and successes. -15- 11/15/83 406 4. FILL DUMPING (45) Councilman Friess noted fill dumping at the northeast corner of San Juan Creek Road and La Novia Avenue. 5. STORER CABLE TV (43) Councilman Hausdorfer noted a letter dated November 7, 1983, from J. F. Fleming, expressing dissatisfaction with Storer Cable TV service. Councilman Hausdorfer suggested that the letter be forwarded to Storer Cable TV. 6. SAN DIEGO GAS AND ELECTRIC (90) Councilman Hausdorfer suggested a follow up on the rate comparison between San Diego Gas and Electric and Southern California Edison and the legal constraints for being within the San Diego Gas and Electric service area. 7. RANCHO VIEJO ROAD (53) Councilman Hausdorfer noted that the street lights are not functioning on the newly completed section of Rancho Viejo Road. The Director of Public Works advised that the street had not yet been accepted as complete by the City. 8. ORTEGA HIGHWAY (44) Councilman Hausdorfer cited problems with signal coordination at the southbound freeway ramps and suggested a letter be forwarded to Caltrans regarding the drainage problems and deterioration of the Ortega Highway. 9. GOEDEN DEVELOPMENT (85) Councilmen Hausdorfer suggested a review of the situation on Rancho Viejo Road in front of the Goeden Development with regard to street widening and landscaping. 10. WATER RESOURCES (94) There was a consensus of Council to direct staff to pursue policies with the Water District whereby water to agricultural areas receives priority. 11. OLYMPIC EVENTS (62) Councilman Schwartze noted a presentation by Sheriff Gates regarding the upcoming Olympic practice sessions and expressed concern regarding possible traffic conflicts with the Swallows Day Parade. He suggested that the Traffic and Transportation Commission receive the information. -16- 11/15/83 12. REFUSE COLLECTION RATES 40 (45) Councilman Schwartze advised that he will submit a report to Council at a later date regarding the rate structure for trash collection in the City. 13. SEMINAR ON METHODS OF FINANCING (41) Councilman Schwartze reported on a seminar for new methods of financing. 14. TRAFFIC SIGNALS - CALLE ASPERO/DEL OBISPO (82) Mayor Bland cited problems with the timing of the traffic signal at calle Aspero and Del Obispo. CLOSED SESSION Council recessed to a Closed Session at 9:44 p.m., for discussion of legal and personnel matters, the City Clerk being excused therefrom, and reconvened at 10:49 p.m. COUNCIL ACTIONS ION - TIMES MIRROR CABLEVISION (35) It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to authorize the City Attorney to retain Special Counsel to answer litigation filed by Times Mirror. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:05 p.m., to the next regular meeting date of Tuesday, December 6, 1983, at 7:00 p.m., in the City Council Chamber. AND, MAYOR Respectfully submitted, MARY ANN ANOVE , CITY CLERK -17- 11/15/83