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82-0720_CC_Minutes_Regular Meeting313 July 20, 1982 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Buchheim at 7:05 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Steven Marsh, Community Presbyterian Church. ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor Anthony L. Bland, Mayor pro tem Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman ABSENT: Phillip R. Schwartze, Councilman (Arrived at 7:25 p.m.) 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 Merrell, Director of Community Planning and Development, James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of July 6, 1982 It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the Minutes of the Regular Meeting of July 6, 1982, be approved with the following amendment to Page 16, third paragraph, Mobilehome Park Review Committee: . and unanimously carried to place the Mobilehome Park Review Committee and the ad hoc Mobilehome Committee on an inactive basis pending resolution of Court actions." The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Bland that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze -1- 7/20/82 I', 3 1 PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION - CITY TREASURER'S WEEK JULY 25 - 31, 1982 (JOHN GIBSON) (41) Mayor Buchheim proclaimed the week of July 25 - July 31, 1982, as Municipal Treasurer's Week in the City of San Juan Capistrano, and commended the City Treasurer for his service to the City. _ CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Bland 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, and Mayor Buchheim NOES: None ABSENT: Councilman Schwartze 1. APPROVAL OF WARRANTS (41) The List of Demands dated July 20, 1982, Warrant Register No. 83-012 in the total amount of $93,832.69, and Warrant Register No. 83-013 in the total amount of $823,890.41, were approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (41) The City Treasurer's Report of Investments as of June 30, 1982, in the total amount of $8,769,474.01, 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 June 30, 1982, in the total amount of $121.89, was approved as submitted. 4. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - CONSTRUCTION OF C. RUSSELL COOK PARK, PHASE 1-A (ALLIED SPRINKLER) (62) The planting, irrigation and installation of playfields of Cook Park Phase 1-A has been completed to the satisfaction of the City, as set forth in the report dated July 20, 1982, from the Director of Public Works. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 82-7-20-1, COMPLETION OF C. RUSSELL COOK PARK - 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 C. RUSSELL COOK PARK (ALLIED SPRINKLER) -2- 7/20/82 3.15 The Resolution accepts the project as complete and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Payment status is as follows: Original Cost Price $218,990.80 Items Deleted - 34,390.00 184,600.80 Items Added + 59,555.68 Adjusted Contract Price 244,160.48 Amount Paid to Date 220,644.43 Amount of Retention $ 23,516.05 Staff was authorized to release the amount of retention 35 days after recording the Notice of Completion. 5. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - PASEO DE LA PAZ STORM DRAIN (KEN THOMPSON, INC.) (80) The installation of the storm drain under Paseo De La Paz has been completed to the satisfaction of the City, as set forth in the report dated July 20, 1982, from the Director of Public Works. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 82-7-20-2, COMPLETION OF PASEO DE LA PAZ STORM 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 THE PASEO DE LA PAZ STORM DRAIN (THOMPSON) The Resolution accepts the project as complete and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Payment status is as follows: Original Cost: $97,394.00 Additional Costs: +12,940.64 Adjusted Contract Price: 109,489.64 Amount paid to Date: 86,714.10 10% Retention: $ 10,948.96 Amount Due to Date $ 11,826.58 Staff was authorized to make payment as indicated and to release the 10% retention 35 days after recording the Notice of Completion. -3- 7/20/82 316 6. APPROVAL OF "NO PARKING ZONE" - T SIDE OF CAMINO (64) As set forth in the Report dated July 20, 1982, from the Director of Public Works, the following Resolution was adopted: NO. 82-7-20-3, ESTABLISHING A "NO PARKING COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A "NO PARKING" ZONE ON THE EAST SIDE OF CAMINO CAPISTRANO FROM AVENIDA AEROPUERTO TO 2000 FEET NORTH 7. CLAIM FOR PERSONAL INJURIES (LEGENDRE) (35) The claim filed on May 21, 1982, by Richard A. Solomon on behalf of Linda I. Legendre, for personal injuries allegedly sustained on October 17, 1981, was denied and referred to the City's Claims Adjuster, Carl Warren Insurance, as set forth in the report dated July 20, 1982, from the City Clerk. 8. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS - LAND OUTFALL SEWER (STONEHILL DRIVE TO CALLE JARDIN) (80) As set forth in the report dated July 20, 1982, from the Director of Public Works, the plans and specifications for the reconstruction of the City's land outfall sewer from Stonehill Drive to Calle Jardin were approved and authorization granted to call for bids. 9. AUTHORIZATION FOR STOP SIGN - CALLE VILLA CLARA AND (82) Authorization was granted to designate Calle Villa Clara as a "STOP" approach at its intersection with Calle Arroyo and the Traffic Engineer was directed to erect appropriate regulatory devices, as set forth in the Report dated July 20, 1982, from the Director of Public Works. 10. AMENDMENT TO AGREEMENT FOR SENATE BILL 620 DISCRETIONARY FUNDS (SENIOR VAN RADIO EQUIPMENT) (62) Agreement No. 64444 between the City and the State Department of Transportation providing for a 90 -day extension of time to September 30, 1982, for purchase of radio equipment for the Senior Van was approved and the Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. 11. HEARING DATE - APPEAL OF PLANNING COMMISSION DECISION REGARDING MODIFICATION TO USE - CONDITIONAL USE PERMIT 78-1 (NAPOLI) (39) The Public Hearing on the Appeal of the Planning Commission denial of Conditional Use Permit 78-1, filed by John Napoli, was scheduled for the regular meeting of August 3, 1982, at 7:00 p.m. in the City Council Chamber, as set forth in the Report dated July 20, 1982 from the City Clerk. -4- 7/20/82 REPORT OF EQU July 12, 1982 COMMISSION MEETING OF 3.1 ,7 (23) The Report dated July 20, 1982, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of July 12, 1982, was removed from the Consent Calendar for discussion. Council concurred with the suggestion of Councilman Friess that maintenance of equestrian/hiking trails is to be considered during budget deliberations. It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to receive and file the Report. PUBLIC HEARINGS 1. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - ESTABLISHMENT OF 35 m.p.h. SPEED LIMIT ON CAMINO LA RONDA (LOS CORRALES DEVELOPMENT) (87) Proposal: Establishment of a 35 m.p.h. speed limit on Camino La Ronda from La Novia Avenue to Paseo Establo to allow speed enforcement by the Sheriff's Department. Applicant: This is a City -initiated Public Hearing. Written Communications: (1) Report dated July 20, 1982, from the Director of Public Works, forwarding the Traffic and Transportation Commission's recommendation that the speed limit be increased from 25 m.p.h. to conform to the engineering and traffic survey. (2) Note from N. Callas, 31852 Paseo La Branza, in support of the proposal. (3) Letter dated July 19, 1982, from Paul R. Stubbs, 31821 Paseo La Branza, in support of the proposal. (4) Letter dated July 13, 1982, from Gary Barker, 28321 Paseo Corrales, in opposition to the proposal. An oral report was made by Dana Kasden, Traffic Engineer. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and the following persons responded: (1) Dennis Haehn, 28261 Via Rueda, supported the proposal. There being no further response, the Hearing was closed with the right to re -open at any time. -5- 7/20/82 2. Councilman Bland noted that radar patrol should reduce speed offenses. Referral to Traffic and Transportation Commission: Consideration of installation of a Stop or Yield sign at the equestrian crossing of Camino La Ronda was referred to the Traffic and Transportation Commission, as suggested by Councilman Friess, since the crossing is utilized by both children and horseback riders. Approval of Speed Limit (Camino La Ronda): 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 and seconded by Councilman Bland that the following Ordinance be introduced: ORDINANCE NO. 465, AMENDMENT TO TITLE 4 - 35 M.P.H. SPEED LIMIT - CAMINO LA RONDA - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.501, ARTICLE 5, TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE (35 M.P.H. - CAMINO LA RONDA) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: None ABSTAIN: Councilman Schwartze TENTATIVE TRACT 11138 AND REZONE 82-7, PROPERTY (FYRAN) (85) Proposal: A subdivision of a two -acre parcel of land located at the terminus of Don Juan Avenue in order to construct nine townhouses and a recreation center; and, a zone change from RD (Garden Home) to PD (Planned Development). Applicant: Thomas F. Fryan, 3335 Calle La Veta, San Clemente 92672 Property Owner: Mission Valley Townhouses, Ltd., 18600 Main Street, Suite 110, Huntington Beach 92648 Written Communications: Report dated July 20, 1982, from th Planning and Development forwarding recommendation of approval made by on June 29, 1982. e Director of Community staff findings and the the Planning Commission -6- 7/20/82 19 Exhibits were on display, and the Director of Community Planning and Development made an oral presentation citing conditions with controls for grading, construction hours, and noise levels. It was clarified that street improvements are within the cul-de-sac only and that "No Parking" signs are proposed within the tract property and not on the public street. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and the following persons responded: (1) Neil McCarthy, architectural and civil engineering designer, stated support for the project conditions. (2) Paul Reichert, 31236 Don Juan Avenue, cited concerns with the amount of dirt to be hauled through a narrow street with parked cars and children; possible damage to street; increased traffic; parking problems; drainage; impacts to the water system when current pressure is low. It was suggested that approval be limited to 3 or 4 units. (3) Robert Patrick, 31376 Don Juan Avenue, cited concerns with street conditions; lack of street parking; traffic volumes; noise impacts of the freeway on future buyers. It was suggested that the developer be required to improve Don Juan Avenue to standard street specifications or that the City acquire the property. (4) Tom Entwistle, 31382 Don Juan Avenue, cited concerns with noise, lack of sidewalks; and numbers of dwelling units. It was suggested that the City acquire the property for park use. Mr. McCarthy acknowledged the parking problems, advised that drainage will run off to the cul de sac, that the drain owned by Cal Trans could be improved and cited difficulties with requiring a developer to improve an old situation. There being no further response, the Public Hearing was closed with the right to re -open at any time. Discussion: In response to Mayor Buchheim, the Director of Public Works advised that a standard performance bond would be required and that the contractor would be responsible for repair of all public streets. Staff was directed to contact the Water District regarding the water system and water pressure in the area. Council noted that the numbers of units had been decreased to nine, while existing zoning would allow sixteen units. Councilman Friess cited concerns with use of the property, the potential for extensive installation of sound barriers along the freeway, and later in the meeting suggested that dirt hauling be prohibited on Saturdays. -7- 7/20/82 32® Approval of Tentative Tract 11138: It was moved by Councilman Hausdorfer and seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 82-7-20-4, TENTATIVE TRACT 11138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 11138 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: Councilman Friess ABSENT: None Approval of Rezone 82-7: 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 and seconded by Councilman Bland that the following Ordinance be introduced: ORDINANCE NO. 466, REZONE 82-7 (FRYAN) - 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 NO. 649-271-62 LOCATED AT THE TERMINUS OF DON JUAN AVENUE FROM RD TO PD The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: Councilman Friess ABSENT: None 3. ADOPTION OF 1981 EDITION OF NATIONAL ELECTRIC CODE AND AMENDMENTS TO TITLE 8 (BUILDING REGULATIONS) (25) Proposal: Adoption of the 1981 edition of the National Electric Code and regulations and fees for roofs, solar hot water systems, winter grading, swimming pools, and fireplaces. Written Communications: Report dated July 20, 1982, from the Director of Public Works forwarding the proposed ordinance. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and, there being no response, declared the Hearing closed with the right to re -open at any time. -8- 7/20/82 Amendment to Section 8-5.12 (Hours for Dirt Hauling): There was a consensus of Council that Section 8-5.12 (b) of the Ordinance be amended to read as follows to limit earth hauling on Saturdays to the hours of 8:30 a.m. to 12:30 p.m. unless a special permit is issued: (b) The loading and transportation of earth from or to the site shall be accomplished between 7:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:30 a.m. and 12:30 p.m. on Saturdays. Saturday afternoon work -hours may be extended up to 4:30 p.m. only with the prior approval of the Building Official. Such approval shall be based upon consideration of haul route, noise and dust factors, proximity to residences and similar criteria. No earth loading or transportation shall be permitted on Sundays or on Federal Holidays. Introduction of Ordinance 467, as Amended: 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. 467, AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE (NATIONAL ELECTRICAL CODE AND BUILDING REGULATIONS) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 8 OF THE MUNICIPAL CODE SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, 1981 EDITION, AND ADOPTING THE NATIONAL ELECTRICAL CODE, 1981 EDITION, TOGETHER WITH CERTAIN AMENDMENTS THERETO, AND DELETING THE 1978 EDITION OF THIS SAME NATIONAL ELECTRICAL CODE, AND ADOPTING CERTAIN ADDITIONS AND AMENDMENTS TO THE MUNICIPAL BUILDING REGULATIONS The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None ORDINANCES 1. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - GAME MACHINES IN THE CT DISTRICT (55) Written Communications: Report dated July 20, 1982, from the City Clerk, advising that the Ordinance was regularly introduced at the meeting of July 6, 1982, and is scheduled for adoption. Adoption of Ordinance No. 463: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that the following Ordinance be adopted: -9- 7/20/82 322 E ORDINANCE NO. 463, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - GAME MACHINES IN THE CT DISTRICT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.411 OF THE MUNICIPAL CODE TO MORE PRECISELY REGULATE GAME MACHINE USES The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None AMENDMENT TO SECTION 4-6.801, TITLE 4, OF THE MUNICIPAL (87) Written Communications: Report dated July 20, 1982, from the City Clerk, advising that the Ordinance was regularly introduced at the meeting of July 6, 1982, and is scheduled for adoption. Adoption of Ordinance No. 464: 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 adopted: ORDINANCE NO. 464, WEIGHT LIMITATIONS FOR COMMERCIAL VEHICLES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.801, ARTICLE 8, TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None RESOLUTIONS 1. CONFIRMING 1982-83 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES (74) Written Communications: Report dated July 20, 1982, from the Director of Public Works advising that the City must annually notify the County Tax Collector of payments for 1915 Act Bonds, and that Assessment District 78-3 was financed through 1915 Act Bonds. -10- 7/20/82 Adoption of Resolution: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 82-7-20-5, CONFIRMING 1982-83 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING 1982-83 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None 2. APPROPRIATION LIMITATION, 1982-83 FISCAL YEAR (24) Written Communications: Report dated July 20, 1982, from the Assistant City Manager/ Director of Administrative Services forwarding the proposed Resolution establishing the 1982-83 appropriation limitation at $11,725,761.00, pursuant to Article 13B of the State Constitution. Adoption of Resolution: RESOLUTION NO. 82-7-20-6, ESTABLISHING APPROPRIATION LIMITS - 1982-83 FISCAL PERIOD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING LIMITS FOR 1982-83 FISCAL PERIOD The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. MULTIMODAL TERMINAL - APPROVAL OF PLANS, SPECIFICATIONS AND CALL FOR BIDS (88) Written Communications: Report dated July 20, 1982, from the Director of Public Works advising that Caltrans and the Office of the State Architect have approved the plans and specifications for the construction of the Multimodal Terminal. -11- 7/20/82 Approval of Specifications and Call for Bids: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the plans and specifications and to authorize a call for bids for construction of the Multimodal terminal. 2. MULTIMODAL TERMINAL - APPROVAL OF LEASES (DI MAIO AND BERTOLINO) Written Communications: Report dated July 20, 1982, from Administrative Assistant Pamela Gibson. Approval of Leases: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to authorize the Mayor and City Clerk to sign the 99 -year leases between the City and Sue DiMaio and Antonin, Echo May and Ralph Bertolino on behalf of the City. ADMINISTRATIVE ITEMS CITY ATTORNEY 1. MOBILEHOME PARK STATUS REPORT (GREGORY VS. CITY) (23) Written Communications: Report dated July 20, 1982, from the City Attorney regarding the status of the Appellate Court proceedings. With the concurrence of Council, Mayor Buchheim ordered the Report received and filed. ASSISTANT CITY RECTOR OF ADMINISTRATIVE SERVICES 1. RENEWAL OF LIABILITY INSURANCE AND CLAIMS ADMINISTRATION COVERAGE (49) Written Communications: Report dated July 20, 1982, from the Assistant City Manager/ Director of Administrative Services. Approval of Coverage: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried as follows: (1) Liability Insurance: To approve the proposal submitted by Dan Gorman Insurance Company in the amount of $14,802.00 for the City's General Liability and Property Insurance Policy for 1982-83. (2) Claims Administration: To approve the Agreement dated August 1, 1982, between the City and Carl Warren and Company in the amount of $600.00 plus administrative expenses for Claims Administration Services for the one-year period ending July 31, 1982. -12- 7/20/82 DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. POLICY ON USE OF PORTABLE BUILDINGS BY COMMUNITY SERVICE ORGANIZATIONS 325 (69) Written Communications: Report dated July 20, 1982, from the Director of Community Planning and Development forwarding a proposed City Council policy regarding the use of temporary building units by community organizations. Approval of Policy Statement: It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to adopt the following Policy Statement for inclusion in the City Council Policy Manual: It is the policy of the City Council that all City commissions and boards favorably consider the use of temporary units by community service and nonprofit organizations. In considering such a request, the commissions and boards should recognize the possible benefits which would be provided to the community by allowing the use of the temporary units. Such requests may include: (1) Allowing the organization to establish its presence prior to or during the processing of building plans and construction of permanent facilities; and/or (2) During an interim period when existing facilities are being expanded to meet increased community needs. When considering such requests, commissions and boards may apply reasonable conditions that would insure the architectural compatibility with surrounding areas and replacement of the temporary units with a permanent facility. APPEAL OF ARCHITECTURAL BOARD OF REVIEW ACTION, LIGHT STANDARD AND MONUMENT SIGN ALTERNATES (JIM SLEMONS HONDA) (67) Appeal: An appeal of the June 16, 1982, action of the Architectural Board of Review in denying requested modifications to the approved lighting and monument sign program for the Jim Slemons Honda project to be located adjacent to Camino Capistrano. The original approval was granted on February 3rd. Appellant: Himes Peters Architects on behalf of Jim Slemons Honda. Written Communications: (1) Report dated July 20, 1982, from the Director of Community Planning and Development. -13- 7/20/82 326 (2) Letter dated June 22, 1982, from Jeffrey F. Pawlowski, Project Manager, Himes/Peters Architects and Associates, Inc., 119 E. Alton, Santa Ana, California 92707, representing Jim Slemons Honda, in opposition to the Architectural Board of Review decision. Exhibits were on display, and the Director of Community Planning and Development provided background information on the light standard styles and the request for an interior lighted monument sign. Discussion: Thomas O'Keefe, 2323 North Broadway, Santa Ana, Attorney representing the appellant, advised that the intent is to have the lights on only during hours of operation, with security lighting only thereafter; shields are to be placed on the lights to prevent light overflow to adjoining properties. Jeff Pawlowski, Himes/Peters Architects, spoke in support of the requested 17' high light standards for the lot area; advised that decorative fixtures would be installed along the front of the property; requested issuance of a Certificate of Occupancy; and, advised that the approved fixtures were submitted by the firm's lighting expert but not approved by the owner. Withdrawal of Request for Sign Modifications: Mr. O'Keefe withdrew the request for modifications to the approved monument sign and requested that the company be permitted to open for business with interior lights only and not the car lot lighting. Fred Grittiger, lighting representative from E1 Toro, spoke in support of the requested Auto King light standards with 400 watt lighting lowered to 20 feet as minimal. Carolyn Nash, representing the Architectural Board of Review, advised that the Board approval was with the understanding that deflectors would be installed and that the light poles would be 10 feet high to the bottom of the lamp. Councilman Bland cited concerns with unnecessary exterior lighting and supported decorative fixtures with the light confined to the property, 400 watt lamps, and hours of lighting restricted. Conditional Denial of Appeal: It was moved by Councilman Friess, seconded by Councilman Schwartze to uphold the decision of the Architectural Board of Review, including the condition requiring installation of light deflectors and security lighting only allowed after business hours. The motion was amended to direct staff to cooperate with the issuance of a Use and Occupancy Permit prior to installation of the light fixtures and to allow the applicant to request Council review of the lighting after installation. Council concurred with the amendment, and the motion carried with Councilman Bland voting in the negative. -14- 7/20/82 RECESS AND RECONVENE 327 The Council recessed at 9:15 p.m., and reconvened at 9:22 p.m. 3. TRACT DIRECTIONAL SIGNING PROGRAM (VALLE PACIFICA) (25) Written Communications: Report dated July 20, 1982, from Larry Lawrence, Acting Director of Community Planning and Development, forwarding alternatives for aiding in the identification of and direction to new residential tracts within the City, as directed by Council on July 6, 1982. Three alternative directional sign programs were presented for consideration, as follows: (1) Alternate A, a centralized Development Information Center; (2) Alternate B, a Consolidated Off -Site Directional Sign Program; (3) Alternate C, Individual Off -Site Tract Directional Signs. Application of Programs: There was a consensus of Council that any approved sign program would apply only to developments located within the City limits. Discussion: AA motion Councilman Bland and seconded by Councilman Schwartze to approve Alternate B was subsequently withdrawn. Councilman Hausdorfer suggested an off-site program be initiated for a 90 to 120 -day trial period. Warren James, representing Bear Brand Ranch Company, supported Alternate C. Tom Jenks, Valle Pacifica, stated that the majority of homes are purchased by persons driving by developments. Preparation of Urgency Ordinance: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried that staff be directed to prepare an urgency ordinance for submittal to Council on August 3; the ordinance is to include the concepts contained in Alternates B and C. Proposed Flag Program: A motion by Councilman Schwartze and seconded by Councilman Hausdorfer supporting an urgency ordinance, effective for 90 days to allow 6 flags in front of each development by permit, failed to pass. It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried that staff be directed to submit an on-site flag program for Council consideration on August 3rd. -15- 7/20/82 2 2$R DIRECTOR OF PUBLIC WORKS 1. UTILITY UNDERGROUNDING ALIGNMENT (GLENDALE FEDERAL PLANNED COMMUNITY) (85) Written Communications: Report dated July 20, 1982, from the Director of Public Works regarding the alignment for undergrounding of the San Diego Gas and Electric Company's 69 KV transmission lines through the Glendale Federal Planned Community property. Approval of Route: It was moved by Councilman Hausdorfer, seconded by Councilman Friess to approve the routing of underground and overhead transmission facilities owned by San Diego Gas and Electric Company through property owned by Glendale Federal (southerly of San Juan Creek), as presented, and to direct staff to notify the utility company of the approval. COMMISSIONS, BOARDS, AND COMMITTEES PLANNING COMMISSION REPORT OF MEETING OF JULY 13, 1982 (67) The report of actions by the Planning Commission at the meeting of July 13, 1982, was ordered received and filed. AD HOC COMMITTEE CONSIDERATION OF CITY OPERATION OF (23) Written communications: (1) Report dated July 20, 1982, from the Ad Hoc Equestrian Facility Committee requesting Council review of the proposed concept for installation of a municipal stable facility on property in the vicinity of Avenida Siega and Calle Arroyo. (2) Supplementary Memorandum dated July 19, 1982, from the Director of Public Works correcting statements in the above Report and clarifying the February 3, 1981, Council action in approving equestrian use at the site. Discussion: Councilman Friess, member of the ad hoc committee, reviewed the issues involved with regard to costs and extent of improvements, limiting boarding fees to $100 per month and economic feasibility, lease back concept, recreation classes, and enhancements to Cook Park such as parking areas, water lines, and landscaping, and bid procedures. Mayor Buchheim cited concerns with the possibility of competing with private -16- 7/20/82 329 enterprise and favored utilizing the stable for recreation programs. Councilman Hausdorfer stated that the City's commitment to the equestrian lifestyle commenced with the General Plan and that incorporating programs on a pay-as- you-go basis would be consistent and not in competition with private enterprise. Mr. Friess advised that the lease provides for six horses to be available for instruction; there are no provisions for a rental string of horses; the equipment has an estimated lifespan of 15 years and the equipment and improvements would be paid for over a 10 -year period of time; the facility would pay for itself. Councilman Bland noted that equestrian use should be available to more people. Mayor Buchheim suggested limiting facility use to City residents; Councilman Hausdorfer noted that residents should have a priority, but that the operation must be profitable and requested comment from the Equestrian Commission. Jill Hanna, committee member representing the Equestrian Commission, stated that the facility is one of the few projects in the City that would generate funds; with the lease back concept, improvements would be paid for by the operator; an opportunity exists for the City to work positively with a full equestrian program. Approval of Concept: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the concept of the City constructing and operating a boarding stable in C. Russell Cook Park at the present site of Wagon Wheel Stables and Mission Trail Stables with direction to the committee to work with a 5 -year pay off plan; staff was directed to commence processing development plans. COUNCIL REMARKS AND COMMITTEE REPORTS 1. MEETING ATTENDANCE (32) Councilman Hausdorfer advised that he would be unable to attend the August 3, 1982, Council meeting. 2. SAN JUAN CAPISTRANO NIGHT - ANGEL STADIUM (62) Councilmen Bland, Hausdorfer, Schwartze, and Mayor Buchheim will attend the July 26th event. 3. CUSTOM HOME REQUIREMENTS (25) Councilman Bland requested that a report be submitted on the proposed requirements for custom homes in hillside areas. CLOSED SESSION Council recessed to Closed Session at 10:25 p.m. for the discussion of legal matters, the City Clerk being excused therefrom and reconvened at 10:50 P.M. -17- 7/20/82 3 ;10 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:50 p.m., to the next meeting date of Tuesday, August 3, 1982, at 7:00 p.m., in the City Council Chamber. ATTEST: EN E F. BUC IM, MAYOR Respectfully submitted, �5, i. MA iirT 7/20/82