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81-1103_CC_Minutes_Regular MeetingOT November 3, 1981 THE 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 Schwartze at 7:00 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: Phillip R. Schwartze, Mayor Lawrence F. Buchheim Mayor pro tem Anthony L. Bland, Councilman Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; E. Phillip Hale, 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. MINUTES Regular Meeting of October 6, 1981 It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of October 6, 1981, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Friess that all Ordinances be read by title only. The motion carried by the following vote: -1- 11/3/81 0 AYES: NOES: ABSENT: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze None fk[1iL=1 PRESENTATIONS AND COMMENDATIONS 1. DONATION OF TREES (ANDY COOK (36) There was a concurrence of Council to approve the Commendation for Andy Cook of the Oak Tree Factory, Ortega Highway, in appreciation for the donation of 50 California oak trees. The Commendation is scheduled for presentation at a tree planting ceremony at Arroyo Park on November 7. 2. COMMUNITY SERVICE (SEEGER) (36) Council concurred in their approval of a Commendation recognizing Al H. Seeger for his service to the community. The Commendation will be presented by Mayor Schwartze on Saturday, November 7, at the City of Hope Harvest Ball. ORAL COMMUNICATIONS 1. PARK NAMES - ALTO CAPISTRANO PARK AND ACU CANYON PARK (62) Pauline Leonard, Parks and Recreation Commissioner, spoke in support of the names of "Alto Capistrano Park" and "Acu Canyon Park" as recommended by the Commission. written Communications: (1) Report dated November 3, 1981, from the Director of Recreation forwarding the Commission recommendations for the following parksite names, pursuant to Resolution No. 75-3-5-5: Alto Capistrano Park, located at the intersection of Camino Las Ramblas and Via de Agua; Acu Canyon Park, located at the intersection of Camino Las Ramblas and Avenida Pescador. Approval of Park Names: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve the park names, as recommended by the Commission. -2- 11/3/81 p 2. MEREDITH CANYON SLOPE DISTRICT (74) Judy Jamroz, 33511 Calle Miramar, requested that a meeting of the Board of Directors of the Meredith Canyon Slope District be scheduled for consideration of the following items: (1) Placement of protective covering on the slopes due to the upcoming rainy season. (2) Appointment of a District advisory committee. (3) Repair work on the maintenance portion of the District, or, establishment of a landscape district. With the concurrence of Council, Mayor Schwartze directed that a meeting of the Board of Directors of the Meredith Canyon Slope District be scheduled for Tuesday, November 17th. Joe Samuel, 33506 Via de Agua, stated that expediency in repairing the slopes would be appreciated. 3. PRESENTATION - ANNUAL CITY TRAIL RIDE (23) Don Hanna, 30161 Branding Iron Road, presented two display boards of photographs taken during the 4th Annual City Trail Ride to Caspers Park on October 4, 1981. 4. STORER CABLE TELEVISION, INC. (43) Rene Collins, Manager of Storer Cable Television, presented a list of recent service outages to the Director of Administrative Services and advised that 4 of the outages had been caused by vandalism. Miss Collins requested citizen assistance in notifying the Sheriff's Department or Storer TV when vandals are observed. Miss Collins also advised that all Storer field employees are now in company cars, uniformed, and carrying identification badges. 5. PRESENTATION - CITY DOCUMENTARY FILM (34) Jeff Vasquez presented a framed copy of an article appearing in Dawn Magazine entitled, "La Historia de Capistrano," which describes the proposed documentary film. Filming is anticipated to begin in December. -3- 11/3/81 04. CONSENT CALENDAR It was moved by Councilman Hausdorfer, and seconded by Councilman Buchheim that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The Lists of Demands dated October 20, and November 3, 1981, Warrant Register No. 82-042, in the total amount of $629,599.69 and No. 82-051, in the total amount of $125,619.99, were approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (41) The City Treasurer's Report of Investments as of September 30, 1981, in the total amount of $8,519,474.01, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of September 30, 1981, in the total amount of $36.07, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (41) The City Treasurer's Report of Fund Cash Balances as of September 30, 1981, was approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF OCTOBER 26, 1981 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of October 26, 1981, was ordered received and filed. 6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF OCTOBER 26, 1981 (23) The Report of Actions taken by the Equestrian Commission at the meeting of October 26, 1981, was ordered received and filed. -4- 11/3/81 7. OF 05 RECREATION COMMISSION MEETING (62) The Report of Actions taken by the Parks and Recreation Commission at the meeting of October 19, 1981, was ordered received and filed. M TION COMMISSION (23) Report of Actions taken by the Traffic and Transportation Commission at the meetings of October 14 and 28, 1981, was ordered received and filed. 9. DGE - S CON (74) Change Order No. 5, representing increased costs of $8,678.32 for construction of the Descanso/Trabuco Creek Recreational Bridge, as requested by Spiess Construction, was approved as set forth in the Report dated November 3, 1981, from the Director of Public Works. 10. RELEASE OF GRADING BOND - TRACT 10283 (bANDOLF) (38) Staff was authorized to release the following Grading Bond for Tract 10283, as requested by Landolf Development, Inc., 34101 Via California: Bond No. 2-110-488-11, issued by Ohio Casualty Co., in the amount of $65,000. 11. ACCEPTANCE OF STORM DRAIN EASEMENT - TRACT 11086 (CASITAS DEL RIO) (85) The Easement for storm drain purposes in Tract 11086 was accepted for recordation from Tri -S Homes, developers of Casitas del Rio, as set forth in the report dated November 3, 1981, from the Director of Public Works. 12. APPROVAL OF CONSTRUCTION PHASING AND (85) The construction phasing program and release of Certificates of Use and Occupancy for Tract 11086 was approved as submitted by the developer, Ocean Park Constructors, 2601 Ocean Park Boulevard, Santa Monica 90405, and as set forth in the report dated November 3, 1981, from the Director of Public Works. -5- 11/3/81 13. CONSTRUCTION PHASING AND RELEASE OF OCCUPANCY PERMITS, TRACT 11036 (BARTON) (85) This matter was held over for consideration at a later date, as requested by staff. 14. ACCEPTANCE OF STORM DRAIN EASEMENTS - — PASEO DE LA PAZ HOMEOWNERS (73) Staff was authorized to accept the storm drain easements for recording from the owners of Lots 1 through 10, 12, 15, and 16, of Tract 6788, for the construction of the Paseo de la Paz Storm Drain, as set forth in the Report dated November 3, 1981, from the Director of Public Works. 15. ACCEPTANCE OF SANITARY SEWER EASEMENT - TRACT 11093 (THE GOEDEN COMPANY) (85) The easement for sanitary sewer purposes from the Goeden Company within Tract 11093 was accepted for recording, as set forth in the Report dated November 3, 1981, from the Director of Public Works. The easement is adjacent to Rancho Viejo Road. 16. ACCEPTANCE OF ROAD AND PUBLIC UTILITI (73) The easement for road and public utilities purposes was accepted for recording from Ortega Venture as set forth in the Report dated November 3, 1981, from the Director of Public Works. The easement is located at the northeast corner of Ortega Highway and Rancho Viejo Road. 17. CLAIM FOR DAMAGES (STEMMLER) (35) The Claim filed on September 29, 1981, by Zeman & Sonnenschein on behalf of Frederick J. and Cherlye E. Stemmler for alleged damages to the residence at 31102 Santa Margarita Place in the amount of $57,000, was denied and referred to the City's Claims Adjuster, Carl Warren Insurance, as set forth in the Report dated November 3, 1981, from the City Clerk. 18. CONDITIONAL USE PERMIT 81-2 - REVIEW OF CONDITIONS OF APPROVAL (GIDDINGS PRODUCE STAND) (39) The Report dated November 3, 1981, from the Director of Community Planning and Development was ordered received and filed, pursuant to Resolution No. 81-4-21-2, thereby allowing the produce stand operation at 28341 Ortega Highway to continue. -6- 11/3/81 l/ry 19. CAMINO DEL AVION STORM DRAIN PHASE III - NOTICE OF COMPLETION AND FINAL REPORT (80) The following Resolution was adopted: RESOLUTION NO. 81-11-3-1, COMPLETION OF PHASE III - CAMINO DEL AVION STORN DRAIN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PHASE III OF THE CAMINO DEL AVION STORM DRAIN The Resolution accepts the work completed by Ken Thompson, Inc., and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Payment status is as follows: Total Project Cost to Date: $388,884.82 Less 10% Retention - 38,888.48 Total Due to Date 349,996.34 Less Previous Payments -318,329.79 Amount Due this Payment $ 31,666.55 Staff was authorized to make the payments as indicated; payment of the 108 retention was authorized 35 days after recordation of the Notice of Completion. APPROVAL OF GRANT APPLICATION VAN REPLACEMENT (41) This item was removed from the Consent Calendar at the request of Councilman Hausdorfer. Written Communications: (1) Report dated November 3, 1981, from the Administrative Assistant to the City Manager, requesting approval of an application for Senate Bill 620 grant funds in the 1983-84 fiscal year for the purpose of replacing the Senior Citizens/Handicapped Van with a new vehicle. The application requires a 20 percent match of $8,000, is processed through the Orange County Community Development Council, and carries no obligation for participation at this time. -7- 11/3/81 Approval of Application: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the application by the Orange County Community Development Council for a replacement vehicle during the 1983-84 fiscal year. TRAFFIC AND TRANSPORTATION COMMISSION 1. LA NOVIA AVENUE PARKING STUDY - FORMATION OF STUDY COMMITTEE (64) This item was heard early on the Agenda for the benefit of members of the audience. Written Communications: (1) Report prepared for the meeting of September 15, 1981, was submitted by the Commission Secretary. (2) Sixteen additional letters were received from residents of the area expressing their concerns. Formation of Committee: (23) Council concurred with the suggestion of Mayor Schwartze that a committee be formed of representatives of the SunHollow Homeowners Association, the Traffic and Transportation Commission, City Council and staff to clarify the issues and those involved. Mr. Ron Otterbein, President of the Homeowners Association, was requested to contact the Director of Public Works; Councilman Friess requested that Traffic Commissioner Haehn serve. The committee was charged with a goal of reaching a consensus for submittal of a recommendation to the City Council. PUBLIC HEARINGS APPEAL OF ZONE VARIANCE DECI FRYAN (85) Proposal: An appeal of the decision made by the Planning Commission on September 8, 1981, in denying Zone Variance 81-25, a request for a setback reduction from 30 feet to 20 feet and a reduction in project area from 5 acres to 2 acres for property located at the terminus of Don Juan Avenue. The project includes construction of 10 townhouses and a recreation center, which would require a zone change from RD (Garden Home) to PRD (Planned Residential Development). 11/3/81 09 Appellant: Thomas F. Fryan, 3335 Calle La Veta, San Clemente 92672, on behalf of Mission Valley Townhouses, Ltd., 18600 Main Street, Suite 110, Huntington Beach 92648. written Communications: (1) Report dated November 3, 1981, from the Director of Community Planning and Development forwarding the recommendation of denial made by the Planning Commission on September 8, 1981, based on the findings that Don Juan Avenue will not accommodate the additional traffic generated by the project and that the proposal is not consistent with the existing density of the neighborhood. Exhibits were on display, and Mr. Merrell made an oral presentation. Ed Rugel, Traffic Engineer, answered Council questions. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and the following persons responded in support of the project: 1. Tom Fryan, appellant. 2. T. J. Meadows, 31241 Andres Pico. 3. Robert Spannegel, 716 Calle Divino, San Clemente. The following) persons spoke in opposition to the project: 1. Paul Reichert, 31326 Don Juan Avenue. 2. Dennis Haehn, Member of the Traffic and Transportation Commission. 3. Thomas Entwistle, 31382 Don Juan Avenue. 4. Mrs. Michael Isch, 31292 Ysidora. 5. Fred Tomlison, 31306 Don Juan Avenue. 6. E. S. Isch, 31292 Ysidora. There being no further response, the Hearing was closed. -9- 11/3/81 10 Denial of Tentative Tract Map Without Prejudice: It was moved by Councilman Hausdorfer and seconded by Councilman Friess that Tentative Tract Map 11138 be denied without prejudice. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Schwartze NOES: Councilmen Bland and Buchheim ABSENT: None Staff was directed to clarify the street conditions on Don Juan Avenue. Denial of Zone Variance and Re -Zone: It was moved by Councilman Friess and seconded by Councilman Hausdorfer that the decision of the Planning Commission be upheld and both Zone Variance 81-25 and Rezone 81-4 denied. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Schwartze NOES: Councilmen Bland and Buchheim ABSENT: None 2. MUNICIPAL CODE AMENDMENT ADDITION OF FM (FARM/MARKET) DISTRICT - INTRODUCTION OF ORDINANCE 440 (68) Proposal• The addition of Section 9-3.423.3, FM (Farm/Market) District to Title 9 of the Municipal Code to allow retail facilities oriented to agricultural operations on parcels no larger than 4 acres, by creating an appropriate zoning to promote the economic viability of existing farm operations, thereby implementing objectives of the Agricultural Preservation Program. Table 2-1 (Consistency Matrix) and Table 3-1 (Development Standards) would also be amended. Applicant: Charles Vermeulen, 11591 Cielo Place, Santa Ana 92705. Written Communications: (1) Report dated November 3, 1981, from the Director of Community Planning and Development setting forth the background of the proposal. -10- 11/3/81 11 (2) Letter dated September 17, 1981, from Charles Vermeulen, applicant and owner of the agricultural property adjacent to Del Obispo Street and Marco Forster Junior High School, setting forth the zone change request. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, declared the Hearing closed. Approval of Code Amendment: The City Attorney read the title of the ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following ordinance be introduced: ORDINANC NO. 440, AMENDMENT TO TITLE 9 OF THE RUR CIPA CODE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.423.3 TO THE MUNICIPAL CODE, PROVIDING FOR AN FM (HARM/MARKET) DISTRICT The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None 3. REZONE 81-8 TO FM (FARM/MARKET) DISTRICT (VERMEUL (INTRODUCTIO OF ORDINANCE NO. 441) (95) Proposal: A zone change, from AG (General Agriculture) to FM (Farm/Market) for approximately 4 acres of land located on toe east side of Del Obispo Street and opposite Paseo de la Paz. Applicant: Charles Vermeulen, 11591 Cielo Place, Santa Ana 92705, the property owner. Written Communications: (1) Report dated November 3, 1981, from the Director of Community Planning and Development forwarding the recommendation made by the Planning Commission on January 5, 1981. -11- 11/3/81 12 Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, declared the Hearing closed. Approval of Rezone 81-8: The City Attorney read the title of the ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following ordinance be introduced: ORDINANCE NO. 441, REZONE 81-8 (VERMEULEN) - 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 A 4 -ACRE PARCEL LOCATED ON THE EAST SIDE OF DEL OBISPO STREET OPPOSITE PASEO DE LA PAZ FROM AG (GENERAL AGRICULTURE) TO FM (FARM/MARKET). THE SITE IS INCLUDED WITHIN AP #121-182-16. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None 4. TENTATIVE TRACT 11587 AND RESIDENTIAL CONCEPT PLAN (AROSA DEVELOPMENT) (85) Proposal: Approval of Tentative Tract 11587 and residential concept plans for the Forster Canyon Planned Community, including preliminary grading, landscape, site and conceptual park plans, and building elevations, for approximately 9.8 acres of land located between Via de Agua and the future extension of Via California. Applicant: Arosa Development & Management, Inc., 2915 C. Red Hill Avenue, Suite 106, Costa Mesa 92627, on behalf of Capistrano Ascot Development, Inc., the property owner. -12- 11/3/81 13 Written Communications: (1) Report dated November 3, 1981, from the Director of Community Planning and Development forwarding the recommendation made by the Planning Commission on September 22, 1981. (2) Letter dated October 29, 1981, from the applicant citing concerns with the conditions for the park site, occupancy permit issuance, and housing opportunity program. Exhibits were on display, and Mr. Merrell made an oral presentation. Public Hearing: Notice havingl,been given as required by law, Mayor Schwartze opened the Public Hearing and the following persons responded: 1. Ralh Spargo, representing the applicant, reqtested that approval conditions be amended so that dedication of the park site and installation of grass and trees would be n condition of Tract 11587, with additional recreation facilities to be conditions of Phase 2 and 3 development. 2. Regina Boen, 33721 Avenida Calita, cited concerns with safety in the park area and alo g Via de Agua and with timing for com letion of landscape improvements. There being closed. oval eot P further response, the Hearing was 11587 and Residential It was moved�y Councilman Friess and seconded by Councilman Ha sdorfer that the following Resolution be adopted with an amendment to Condition 13 to specifically (relate actual construction and park improvements and with dedication and park improvements to be accomplished within 5 years, and an amendment to Condition 23 to provide that occupancy per;its shall not be issued until grading and landscaping of the adjacent slope on the abutting Window Hill plroperty are complete. RESOLUTION NO. 81-11-3-2, TENTATIVE TRACT 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 11587. -13- 11/3/81 14 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None 5. APPROVAL OF LANDFORM CONTROL PLAN - FORSTER CANYON PLANNED COMMUNITY (AROSA) (85) Proposal: Review of a Landform Control Plan for the "Window Hill" and "Valley" areas of the Forster Canyon Planned Community, pursuant to the Comprehension Development Plan. Applicant• Arosa Development & Management, Inc., 2915 C. Red Hill Avenue, Suite 106, Costa Mesa 92627. Written Communications: (1) Report dated November 3, 1981, from the Director of Community Planning and Development. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and the following persons responded: 1. Ralph Spargo, representing the applicant, supported the proposal and stated that the property would be posted with "No Trespassing" signs to allow the Sheriff's Department to enforce motorcycle prohibitions on the property. 2. Charles DeCapite, 33501 Avenida Calita, cited concerns with the grading plan, a boundary greenbelt area, architectural controls, and water pressure. Approval of Landform Control Plan: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 81-11-3-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE LANDFORM CONTROL PLAN FOR THE FORSTER CANYON PLANNED COMMUNITY -14- 11/3/81 15 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None Staff was directed to resolve problems with motorcycle entry to the property with the developer. ORDINANCES i 1. GLENDALE IQ 1- (95) Written Commu ications: (1) Report dated November 3, 1981, from the City Clerk, a vising that the Ordinance was regularly introduced at the meeting of October 6, 1981, and was Scheduled for adoption. Adoption of Odinance No. 437: The City atto ney read the title of the ordinance next in order'. Further reading of all ordinances had been waived a rlier in the meeting. It was moved by Councilman Fress, seconded by Councilman Hausdorfer that the fo' il wing ordinance be adopted: ORDINANCE NO. 437, REZONE 81-3 (GLENDALE FEDERAL PLANNED OMMUNITY) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING OF THE PROPERTY SHOWN ON EXHIBIT "5," ATT CHED HERETO, FROM GM (GROWTH MANAGEME T) AND IP (INSTITUTIONAL AND PUBLIC) TO PC (PLAN ED COMMUNITY) The motion carried by the following vote: AYES: I Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None -15- 11/3/81 16 2. PREZONE 81-6 - COAST BIBLE CHURCH ANNEXATION (ADOPTION OF ORDINANCE NO. 438) (21) Written Communications: (1) Report dated November 3, 1981, from the City Clerk, advising that the Ordinance was regularly introduced at the meeting of October 6, 1981, and was scheduled for adoption. Adoption of Ordinance No. 438: 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: ORDINANCE NO. 438, PREZONE 81-6 (COAST BIBLE CHURCH) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP TO INCLUDE THE IP (PUBLIC AND INSTITUTIONAL) ZONING FOR ASSESSOR'S PARCEL NO. 650-011-25 LOCATED ON THE SOUTH SIDE OF VIA ESCOLAR (COAST BIBLE CHURCH) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None 3. MOBILE HOME PARK REVIEW COMMITTEE - 14 C77-11r�w1 kr"M00M (23) Written Communications: (1) Report dated November 3, 1981, from the City Attorney, recommending various revisions to City regulations governing mobile home parks, the repeal of previous ordinances, and the consolidation of all regulations into one ordinance. Negative Declaration: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to find that adoption of the proposed ordinance as an urgency measure would not have an impact on the environment and to direct the City Clerk to file a Negative Declaration. -16- 11/3/81 1'7 Adoption of Ordinance No. 439: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following ordinance be adopted as an urgency measure: COMMITTEE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING ARTICLE,9 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE AND ORDINANCES NUMBERED 412, 423, 425, 427 and 430, AND ENACTING ARTICLE 9, CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE (URGENCY) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None The Ordinance took effect upon adoption. RECESS AND RECONVENE Council recessed at 10:07 P.M. and reconvened at 10:15 P.M. RESOLUTIONS 1. JUNIPERO SERRA ROAD PRECISE ALIGNMENT (83) Written Communications: (1) Report dated November 3, 1981, from the City Clerk forwarding a revised resolution describing the precise alignment of Junipero Serra Road as that area "from Interstate 5 to the west side of the Atchison, Topeka & Santa Fe railroad tracks," as directed by Council on October 6, 1981. Adoption of R solution: It was moved by Councilman Hausdorfer and seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 81-11-3- EXT11NS1U - ALTERNATE / - A RESOLUTION OF THE CITY COU CIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING ALTERNATE 7 BETWEEN INTERSTATE 5 AND THE WEST SIDE OF THE AT&SF RAILROAD RIGHT-OF-WAY AS THE BASIS FOR THE EXTENSION OF JUNIPERO SERRA ROAD, AND RESCINDING RESOLUTION NO. 81-9-15-1 -17- 11/3/81 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Schwartze NOES: None ABSTAIN: Councilman Buchheim ABSENT: None Circulation Study Area: (83) It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried that,* the circulation study of the northern portion of the City encompass the area from Junipero Serra Road south to Del Obispo Street. BIDS, CONTRACTS, AGREEMENTS 1. RENEWAL OF HEALTH SERVICES AGREEMENT (COUNTY OF ORANGE) (38) Written Communications: 2. Report dated November 3, 1981, from the Administrative Assistant forwarding an Agreement between the City and the County of Orange for the provision of health services for the 5 -year period ending June 30, 1986. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the Agreement as submitted. SERVICES - (57) Written Communications: (1) Report dated November 3, 1981, from the Administrative Assistant forwarding increased fee schedules for animal control services, pursuant to the revised County schedule. Adoption of Resolution: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to adopt the fee schedules set forth in the following Resolution, which amend the schedules set forth in Resolution No. 76-10-6-1: * added by City Council 11/17/81: "in addition to the area of study previously authorized," -18- 11/3/81 19 NO. 81-11-3-5, ANIMAL FACILITY I AND FEE SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING RULES AND REGULATIONS FOR ANIMAL FACILITIES AND ADOPTING A FEE SCHEDULE The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None 3. ASSESSMENT D1STRICT 80-2 - AUTHORIZATION TO RECEIVE (74) It was movedy Councilman Hausdorfer, seconded by Councilman Buohheim and unanimously carried to approve the proposed Agreement for Engineering Services for Assessment District 80-2 and to authorize staff to receive proposals, as set forth in the Report dated November 3, 1981, from the Director of Public Worlds. 4. PLANSAND SPE IFICATIONS AND CALL FOR BIDS MAJOR STREET EPAIRS (VIA DE AGUA) (83) It was moved by Councilman Hausdorfer, seconded by Councilman Bu hheim and unanimously carried to approve the plans and specifications for resurfacing of Via de Aguaj with a cape seal from Paseo de Brillo to Avenida Ca ita and to authorize staff to advertise for bids, as set forth in the Report dated November 3, 1981, from the Director of Public Works. 5. APPROVAL OF EASEMENT FOR MULTIMODAL TERMINAL (88) It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the Easement from Antonin Bertolino, et al., to San Diego Gas & Electric Company to permit construction olf underground electric and telephone facilities in the area of the Multimodal Terminal, as set forth in the Report dated November 3, 1981, from the Director of Public Works. -19- 11/3/81 20 ADMINISTRATIVE ITEMS 1. SOUTH COUNTY SHERIFF SERVICES (70) Written Communications: Report dated November 3, 1981, from the City Manager forwarding an outline of law enforcement services provided to the City by the Sheriff's Department. Council commended the Department on the services provided and stated support for the establishment of a South County station with holding facilities. Captain Ferlauto advised that a 6 -member narcotics unit had been added to the substation personnel. The report was ordered received and filed. 2. AIRCRAFT - REGULATIONS FOR (39) Written Communications Report dated November 3, 1981, from the City Manager forwarding a proposed ordinance regulating airborne craft within the City and prohibiting take -off or landings by aircraft, gliders, balloons, helicopters, and parachutes, except at an established airport or heliport. Introduction of Ordinance No. 442: It was moved by Councilman Buchheim and seconded by Councilman Friess that the following Ordinance be introduced with the inclusion of cropdusting operations as an exempt use: ORDINANCE NO. 442, PROHIBITION OF FLIGHT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.304 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY ADDING PROVISIONS RELATING TO AIRBORNE CRAFT The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None -20- 11/3/81 21 3. CABLE TELEVISION SERVICE AREA - TRACTS 11036 and 11086 (43) Written Communications: 4. Report dated November 3, 1981, from the Director of Administrative Services advising that Storer Cable Television has requested approval of the addition of Tract 11086 (Casitas del Rio) and Tract 11036 (Valle Pacifica) to their service areas, pursuant to Section 7-2.05 (a) of the the Municipal Code. Approval of S rvice Areas: It was moved Dy Councilman Buchheim, seconded by Councilman Ha sdorfer and unanimously carried to approve the r quested additions to the designated service areas of Storer Cable Television, Inc. [SION FRANCHISE (43) Written Commu ications: (1) Report dated November 3, 1981, from the Director of Administrative Services providing a backgrou d review of the franchise granted to TM Cablevision for the provision of cable television services and the application of rules and regulations established by Ordinance No. 327. (2) Letter dated October 29, 1981, from Joni Denny, DistrictlManager, TM Cablevision, 27611 La Paz Road, Laguna Niguel 92677, advising that requeste documentation will be provided by November 7. Approval of R ort• It was moved Dy Councilman Hausdorfer, seconded by Councilman Bu hheim and unanimously carried to determine that TM Cablevision (OCCCC) is abiding by certain secti ns of the Municipal Code and that consideration of franchise termination is no longer applicable. 5. PROPOSED GRADICNG/STOCKPILE PLAN (FAINBARG DAV S DEVELOPMENT) (25) Written Commuiications: (1) Report dated November 3, 1981, from the Director of Commu ity Planning and Development regarding the prop sed stockpile of approximately 85,000 cubic yards of earth on property located adjacent, to Camino Capistrano at the south City limits. -21- 11/3/81 22 (2) Supplemental Report dated November 3, 1981, from the Director of Public Works advising that flood plan information had been received from Williamson & Schmid, civil engineers, and that the plans had been found to be technically correct. Applicant• Davis Development, 1400 Bristol Street North, Newport Beach 92660. Staff advised that development had not been received, that the stockpile of fill material would be inconsistent with City policy, and the stockpile would inhibit design options for future development applications. Mr. Davis addressed the Council in support of the request and advised that the intent was to construct a small business park, with the portion of the project within the City to be developed prior to the unincorporated County portion, that the fill material is decomposed granite, and that the completed operation would raise the level of the site approximately 2 feet. Continuation to November 17: Due to possible noise and dust impacts on the residents of the adjacent mobile home park, there was a concurrence of Council that the matter be held over to the meeting of November 17, and that staff be directed to notify the residents of the Villa San Juan mobile home park and the members of the Mobile Home Park Review Committee. In addition, Council advised that the action does not indicate approval of any future plans or conditions of approval of any development on the site. 6. REQUEST FOR QUITCLAIM OF ROAD EASEMENT SACARAMA LANE (BROWN) (73) Written Communications: Report dated November 3, 1981, from the Director of Public Works regarding the request of Michael Brown for quitclaim and abandonment of the irrevocable offer to dedicate a road easement on Sacarama Lane. The Director of Public Works advised that an additional report will be submitted to Council in January of 1982. With the concurrence of Council, Mayor Schwartze ordered the report received and filed. -22- 11/3/81 23 7. APPROVAL OF OSO ROAD REPAIR (83) Written Communications: Report dated November 3, 1981, from the Director of Public Works regarding the repair of Oso Road at the crossing of Tr,abuco Creek. It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve the repair of ',Oso Road at a cost of $25,000 to be allocated from the Contingency Reserve. 8. APPROVAL OF P OJECT COMMITTEE NO. 11 - DESIGN OF REGIONAL SOLIDS TREATMENT CENTER (SERRA) (79) tions: Public Works. , 1981, from the Director of Approval of Design Phase Expenditure: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve an expenditure of $72,000 for the City's share of the design phase of the SERRA Regional Solids Treatment Center (Project Committee No. 11) and to authorize the transfer of $52,000 from the Sewer Enterprise Fund to Project Committee No. 11. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSIO 1. REPORT OF MEETINGS OF OCTOBER 13 AND 27, 1981 (67) The report of factions taken by the Planning Commission at the meetings of October 13 and 27, 1981, were ordered received and filed. TRAFFIC AND TRANSPORTATION COMMISSION 1. ADDITION TO TIIE MUNICIPAL CODE - PROVISIONS FO HANDICAPPED PARKING (63) Written Communications: Report dated November 3, 1981, from the Commission Secretary forwarding a proposed ordinance, as recommended by the Traffic and Transportation Commission on September 23, 1981. Introduction of Ordinance No. 443: The City Attorney read the title of the ordinance next in order. Further reading of all ordinances had -23- 11/3/81 24 been waived earlier in the meeting. It was moved by Councilman Friess, seconded by Councilman Buchheim that the following ordinance be introduced: ORDINANCE NO. 443, PHYSICALLY HANDICAPPED PARKING - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 4-6.322 TO THE MUNICIPAL CODE, ESTABLISHING ON AND OFF-STREET PARKING SPACES FOR EXCLUSIVE USE OF HANDICAPPED PERSONS WHOSE VEHICLES DISPLAY A DISTINGUISHING LICENSE PLATE PURSUANT TO THE REQUIREMENTS OF SECTIONS 9105, 21107.8, 22507.8 AND 22511.5 C.V.C. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None 2. TRAFFIC CHANNELIZATION, JUNIPERO SERRA ROAD - (83) Written Communications: Report dated November 3, 1981, from the Commission Secretary forwarding the recommendations made by the Traffic and Transportation Commission on June 10, 1981. There was a consensus of Council to receive the report pending additional review by the Commission. EQUESTRIAN COMMISSION 1. FINAL REPORT - 1981 TRAIL RIDE (23) Written Communications: (1) Report dated November 3, 1981, from the City Clerk/Equestrian Commission Secretary summarizing the City Trail Ride to Caspers Park held on October 4, 1981, and sponsored by the Equestrian Commission. A total of 222 persons participated in the Ride, which resulted in net receipts of $1,149.71 to be allocated to the Trail Ride Trust Account for the acquisition, development, and maintenance of equestrian/ - hiking trails in the City. -24- 11/3/81 25 There was a consensus of Council that the report be received and filed. Mrs. Hanover and those persons assisting with the Ride events were commended for the success of the project. COUNCIL REMARKS ANR COMMITTEE REPORTS 1. LEAGUE OF CAL,FORNIA CITIES, CONFERENCE REPORT (61) Written Communications: (1) Report dated October 26, 1981, from Mayor Schwartzq, summarizing activities and items of interestito the City in conjunction with the Annual L ague of California Cities Conference, October 7 - 20, 1981. The report was ordered received and filed. 2. (23) It was moved by Councilman Buchheim, seconded by Councilman B1 nd and unanimously carried that Mr. Edward P. Nelson, 26512 Paseo San Gabriel, be appointed to fill the existing vacancy on the Mobile Home Park Review Committee. 3. BEAR BRAND RA CH DEVELOPMENT (85) Councilman Bland cited a letter dated October 6, 1981, from Robert O. Hill regarding the filing of a tentative parcel map for Lot 4, Bear Brand Ranch, with the County of Orange and suggested close monitoring of the development. Mr. Bland noted the lack of response from Mr. Hill to the City's request that the property be posted with "No Trespassing" signs so that motorcycle use may be prohibited. 4. ORTEGA HIGHWAY TRAFFIC CONDITIONS (44) Councilman Bland requested that a staff report be submitted on Ortega Highway conditions and suggested that Assemblywoman Bergesen be contacted for assistance. 5. HIGH SCHOOL SITES (78) Council concurred with the request of Councilman Friess that a istaff report be submitted for the meeting of November 17 on the status of Senate Bill 201 funding foir school facilities. -25- 11/3/81 M 6. C. RUSSELL COOK PARK - GRADING (62) It was moved by Councilman Friess, seconded by Mayor Schwartze and unanimously carried that staff be directed to contact Fred Jones regarding grading in San Juan Creek and protective measures for the park area, due to the graded, lowered level of the site. There was a consensus of Council that temporary, remedial grading be done as a protective measure due to the upcoming rainy season. 7. ADVERTISING SIGNS (25) Councilman Friess noted there are illegal signs displayed at various locations in the City and requested staff follow-up. 8. 10-K RUN (62) Councilman Friess expressed appreciation to the Director of Recreation, Director of Public Works and the City staff for their assistance with the 10-K Run. 9. COMMUNITY FUNCTIONS (34) Councilman Hausdorfer advised that the Historical Society Program for November 5 would be on the History of Flight. Mayor Schwartze noted that the City of Hope Annual Ball would be held November 7 and that the Cerebral Palsy Association dinner would be held November 21. CLOSED SESSION Council recessed to Closed Session at 11:33 P.M. for discussion of personnel and legal matters, the City Clerk being excused therefrom, and reconvened at 11:40 P.M. COUNCIL ACTIONS 1. MULTIMODAL TERMINAL, CHANGE ORDER #1 (38) It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve Change Order #1 to the Multimodal Terminal Agreement in an amount not to exceed $10,000. The Change Order is for plans, specifications and construction supervision to be undertaken by John Greenwood. -26- 11/3/81 427 2. CITY MANAGER'S AGREEMENT (33) It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to approve Item A of the Agreement with Stephen B. Julian, City Manager, dated June 9, 1981. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:42 P.M. to the next regular meeting date of Tuesday, November 17, 1981. Respectfully submitted, �/C,gI. / i�i.� ATTEST: iniuLir n. ..a�.urwri�i yu, a-uai vas by LAWRENCE F. BUCHHE$M, MAYOR PRO TEMPORE -27- 11/3/81