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81_0421_CC_Minutes_Regular Meeting229 April 21, 1981 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 7:05 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Homer Waisner, Jr., Ocean Hills Community Church. ROLL CALL PRESENT: Phillip R. Schwartze, Mayor Lawrence F. Buchheim, Mayor pro tem Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman ABSENT: Anthony L. Bland, Councilman STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; George M. Lohnes, Jr., Acting 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 April 7, 1981 It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of April 7, 1981, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: Councilman Bland Adjourned Regular Meeting of April 10, 1981 It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the Minutes of the Adjourned Regular Meeting of April 10, 1981, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: Councilman Bland MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: Councilman Bland -1- 4/21/81 230 ORAL COMMUNICATIONS 1. MOBILE HOME PARK REVIEW COMMITTEE - PROPOSED AMENDMENTS TO ORDINANCE NO. 412 (23) Mr. Art McConnell, Chairman, San Juan Capistrano Mobile Home Council, requested revisions to Ordinance No. 412 dealing with membership requirements on the Committee. Council concurred that staff be directed to prepare an urgency Ordinance to be presented on May 5, 1981, providing for reconstitution of the Mobile Home Park Review Committee membership requirements to allow appointment of additional members who are other than park owners or managers. WRITTEN COMMUNICATIONS 1. QUITCLAIM EASEMENT OF CITY -OWNED STREET - CAPISTRANO INN (73) Letter dated April 9, 1981, from E. Fred Grether, Co-owner (76) of the Capistrano Inn, 27174 Ortega Highway, requesting that the City quitclaim a sixty -foot street easement at the eastern property line. With the concurrence of Council, Mayor Schwartze referred the letter to the Director of Public Works for a report. 2. DRAINAGE CONDITIONS - LOS RIOS STREET (72) Letter dated April 9, 1981, from Gilbert E. Jones, 31791 Los (80) Rios Street, requesting repair of drainage conditions adjacent to his property at Los Rios and River Streets. Following discussion, it was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried that staff be directed to expedite repair of the drainage conditions at a sum not to exceed $10,000. PUBLIC HEARINGS 1. OF PLAN 81-1. ORTEGA (28) Proposal: (85) Approval of the area plan and residential concept plan for Planning Sector E of the Ortega Planned Community. The project includes 30 single family attached units located on 3.87 acres at the southwest corner of La Novia Avenue and Ortega Highway. Applicant: Fredricks Development Corporation, 9 Brookhollow Drive, Santa Ana, 92705. Written Communication: Report dated April 21, 1981, from the Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission on March 24, 1981. Exhibits were on display, and the Director of Community Planning and Development made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing; and, the following persons responded: -2- 4/21/81 2�l (1) Wade Cable, representing the applicant, advised that the sound wall on Ortega Highway would be of solid masonry with pilasters and ornamental ironwork. (2) John Katzmeier, 27575 Brookside Lane, President of the Sunhollow Homeowner's Association, stated his concur- rence with the concept plan as submitted. There being no further response, Mayor Schwartze declared the Hearing closed. Approval: It was moved by Councilman Hausdorfer, seconded by Council- man Friess that the following Resolution granting a Growth Management Point Rating of 65 subject to conditions, be adopted: RESOLUTION NO. 81-4-21-1, AREA PLAN - PLANNING SECTOR E OF THE ORTEGA PLANNED COMMUNITY AND RESIDENTIAL CONCEPT PLANS (FREDRICKS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AREA PLAN - PLANNING SECTOR E OF THE ORTEGA PLANNED COMMUNITY AND RESIDENTIAL CONCEPT PLANS FOR GROWTH MANAGEMENT 81-1 (FREDRICKS DEVELOPMENT CORPORATION) The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer and Mayor Schwartze NOES: None ABSENT: Councilman Bland 2. APPEAL OF PLANNING COMMISSION DECISION - CONDITIONAL USE PERMIT 81-2, ORTEGA HIGHWAY (GIDDINGS PRODUCE STAND) (39) Proposal: Appeal of the March 24, 1981, Planning Commission denial of Conditional Use Permit 81-2 to re-establish a small scale produce stand. The $25.00 appeal fee was paid. Appellant: Richard Giddings, 28341 Ortega Highway. Written Communications: Report dated April 21, 1981, from the Director of Community Planning and Development. Statements of opposition: (1) Letter dated March 23, 1981, from Ilse Byrnes, 28355 Ortega Highway; (2) Letter dated April 6, 1981, from the manager of the Capistrano Saddle Club, 28650 Ortega Highway. Statements of support: (1) Letter dated April 21, 1981, from Shirley Hart, 26422 Kimberly Lane; (2) Letter received April 20, 1981, from Mr. & Mrs. Charles P. McCann, Jr., 27703 Ortega Highway; (3) Letter received April 20, 1981, from Thomas P. Schmoe, 27703 Ortega Highway; -3- 4/21/81 232 (4) Letter dated April 16, 1981, from Madaline L. Wagner, 27703 Ortega Highway; (5) Letter dated April 17, 1981, from Clyde, Frances, and James Tipton, 27703 Ortega Highway. The Director of Community Planning and Development made an oral report and advised that the Planning Commission denial was due to concerns with spot zoning; that closing of the stand was in response to County Health Department concerns; that the appellant will relocate the refrigeration unit to avoid noise problems for surrounding residents. Public Hearing: Notice having been given as required by law, Mayor Schwartze - opened the Public Hearing, and the following persons responded: (1) Richard Giddings, appellant, stated support for approval of the Conditional Use Permit, subject to various modifications; (2) Milton Long, 28333 Ortega Highway, opposed approval and stated that the conditions are unenforceable. Mr. Long also stated that the fencing requirements of Condition 10 should include an equestrian trail to provide a link between the Hunt Club Tract 6305 and Avenida Siega on the west side of Ortega Highway. There being no further response, Mayor Schwartze declared the Hearing closed. Approval of Conditional Use Permit, as Amended: It was moved by Councilman Buchheim, seconded by Councilman Friess to approve Conditional Use Permit 81-2 (Giddings) with the following amendments and with the exception of Condition 6: Condition 3. Add the following: Addition of any square footage of space in connection with the relocation of the refrigeration unit is prohibited. Condition 5: Re -word as follows: The sale, display and storage of produce stand related goods shall occur entirely within the perimeter of the stand structure, as identified on Exhibit A. Sales display and storage in connection with the produce stand use shall be prohibited within the existing house and barn structure. Condition 13: Re -word as follows: The property owner shall enter into an agreement to vacate the use upon sale or lease of the property, unless said use is extended by the City Council. Said agreement shall be executed prior to the issuance of building or occupancy permits. Condition 14. Re -word as follows: On-site preparation, service, or consumption of food shall be prohibited, as well as on-site consumption of produce or beverages. In addition, amenities for service of food, such as chairs and tables, shall be prohibited. New Condition 15. City Staff shall be permitted to make on-site inspections of the produce stand and storage area during normal business hours. -4- 4/21/81 233 New Condition 16. Approval of the Conditional Use Permit shall be reviewed in 6 months by scheduling on the October 20, 1981, City Council Consent Calendar. Councilman Hausdorfer stated opposition due to the potential for an inappropriate, long-term commercial use at the site. RESOLUTION NO. 81-4-21-2, AP USE PERMIT 81-2 (GIDDINGS) - CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 81-2, FOR A SMALL-SCALE PRODUCE STAND The Resolution was adopted by the following vote: AYES: Councilmen Friess, Buchheim, and Mayor Schwartze NOES: Councilman Hausdorfer ABSENT: Councilman Bland Condition 6. It was moved by Councilman Buchheim and seconded by Councilman Friess that Condition 6 read as follows: There shall be a maximum allowable sign area of 75 square feet, with final approval by the Director of Community Planning and Development. The motion carried with Councilman Hausdorfer opposed and Councilman Bland absent. 3. EMERGENCY NOTIFICATION SYSTEM - PUBLIC ALERT SIREN INSTALLATION (89) Proposal: Approval of a third site location for the emergency notifica- tion system and installation of public alert siren, pursuant to Federal requirements for the San Onofre Nuclear Generating Station. Two siren locations were approved on April 7, 1981. Written Communication: Report dated April 21, 1981, from the Director of Public Works. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Hearing; and, there being no response, the Hearing was closed. Approval: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the location of Siren #24 at Calle Miramar opposite Paseo del Este, as the site for the installation of platform -mounted public notifica- tion equipment. The Director of Public Works was authorized to execute the necessary documents on behalf of the City. ORDINANCES 1. AMENDMENT TO TITLE 9, ADDITION OF SECTION 9- (55) Written Communication: Report dated April 21, 1981, from the City Clerk advising that the Ordinance was regularly introduced at the Council meeting of April 7, 1981, and is scheduled for adoption. -5- 4/21/81 234 Adoption of Ordinance: The City Attorney read order. Further reading earlier in the meeting. seconded by Councilman Ordinance be adopted: the title of the Ordinance next in of all Ordinances had been waived It was moved by Councilman Buchheim, Hausdorfer that the following ORDINANCE NO. 421, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - PRE-EXISTING PRODUCE STAND -S-- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, SECTION 9-3.622, OF THE MUNICIPAL CODE RELATING TO PRE-EXISTING PRODUCE STANDS The motion was carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer and Mayor Schwartze NOES: None ABSENT: Councilman Bland l3�Y�l�1JIM[i]�by 1. NOTICE OF INTENT TO VACATE VIA ANDORRA (HIDDEN MOUNTAIN VENTURE, LTD.) TRACT 9786 (85) Written Communication: (91) Report dated April 21, 1981, (originally submitted April 7) requesting adoption of a Resolution declaring intent to vacate the Via Andorra public right-of-way between Via del Cerro and Tract 9786. Removal of the street section will lessen street maintenance and service responsibilities. Adoption of Resolution: It was moved by Councilman Hausdorfer, seconded by Council- man Buchheim that the following Resolution be adopted: RESOLUTION NO. 81-4-21-3, INTENT TO VACATE VIA ANDORRA - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO VACATE VIA ANDORRA The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer and Mayor Schwartze NOES: None ABSENT: Councilman Bland The Resolution sets a Public Hearing on the proposed street vacation for May 19, 1981, at 7:00 P.M. in the City Council Chamber. BIDS, CONTRACTS, AGREEMENTS 1. AGREEMENT FOR FISCAL IMPACT MODEL UPDATE (ULTRASYSTEMS) (38) Written Communications: (1) Report dated April 21, 1981, from the Director of Community Planning and Development recommending that the Fiscal Impact Model developed in 1978 be updated. (2) Letter from Mr. John G. Rau, Director, Energy Systems, Economics and Environmental Department, P. O. Box 19605, Irvine, 92715, submitting a revised report. -6- 4/21/81 2�$6 Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to approve the Agreement for Consultant services with Ultrasystems, Inc., for update of Fiscal Impact Model in an amount not to exceed $5,500, and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. The update is to include: (1) Preparation of a revised methodology report; (2) Conversion of the model program from batch processing (punch cards) to a disk memory; (3) Update and document of the fiscal impact analysis of the City's Growth Management Plan. CONSENT CALENDAR It was moved by Councilman Buchheim, 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, Buchheim, Hausdorfer and Mayor Schwartze NOES: None ABSENT: Councilman Bland 1. APPROVAL OF WARRANTS (41) The List of Demands dated April 21, 1981, Warrants Register No. 81-102 in the total amount of $595,318.18, was approved as submitted. 2. APPROVAL OF CITY TREASURER'S REPORT OF INVESTMENTS (41) The City Treasurer's Report of Investments as of March 31, 1981, in the total amount of $9,409,410.62, was approved as submitted. 3. APPROVAL OF CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (71) The City Treasurer's Report of 1911 Act Bond Delinquencies as of March 31, 1981, in the total amount of $448.80, 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 March 31, 1981, with the total amount of investments of $9,409,410.62, was approved as submitted. 5. REPORT OF EQUESTRIAN COMMISSION MEETING OF MARCH 23 AND APRIL 13, 1981 (23) The report dated April 21, 1981, from the secretary of the Equestrian Commission regarding actions taken by the Eques- trian Commission at the regular meetings of March 23 and April 19, 1981, was ordered received and filed. 6. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETIES - 1.12,111 (38) Written Communication (85) Report dated April 21, 1981, from the Director of Public Works, advising that public improvements for Tract 10593 have been completed and accepted to the satisfaction of the City Inspector. -7- 4/21/81 236 Acceptance of Work: The following Resolution was adopted: RESOLUTION 81-4-21-4, COMPLETION OF PUBLIC IMPROVEMENTS TRArlp 1 (1S9"2 (PRAT? RRANn T AnmrT4 /PRDDRR TRRR nRmn) - A RESOLUTIUN 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 PUBLIC IMPROVEMENTS - TRACT 10593 (BEAR BRAND RANCH/ PEPPER TREE BEND) The Resolution accepts the public improvements and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Performance Bond extended to April 21, 1982; labor and materials bond to be released 35 days after recording Notice of Completion. 7. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - IMPROVEMENT TO DEL OBISPO STREET (KILBRIDE CONSTRUCTION) (38) Written Communication (83) Report dated April 21, 1981, from the Director of Public Works advising that street improvements to Del Obispo Street are complete and ready for acceptance. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 81-4-21-5, COMPLETION OF IMPROVEMENTS - DEL OBISPO STREET -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 IMPROVEMENTS TO DEL OBISPO STREET, 133 + 00 TO 134 + 50 The Resolution accepts the project as the City Clerk to forward the Notice County Recorder within 10 days. Payment status is as follows: Total project cost: Less loo retention: Total due: Previous payment: Amount Due complete and directs of Completion to the $13,474.00 1,347.40 12,126.60 -0- $12,126.60 The 10% retention is payable 35 days after recordation of the Notice of Completion; staff is authorized to make the payments as indicated. 8. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETIES TRACT 9299, AGUACATE ROAD (RANCHO SAN JUAN ESTATES) (38) Written Communications: (85) Report dated April 21, 1981, from the Director of Public Works advising the completion of public improvements and acceptance to the satisfaction of the City Inspector. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 81-4-21-6, COMPLETION OF PUBLIC IMPROVEMENTS - TRACT 9299 (RANCHO SAN JUAN ESTATES) - 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 PUBLIC IMPROVEMENTS - TRACT 9299 (RANCHO SAN JUAN ESTATES) The Resolution accepts the Public Improvements from Tract 9299, and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. -8- 4/21/81 I Imo/ �.J re 9. RESOLUTION ESTABLISHING "NO PARKING" ZONES - ORTEGA PROPERTIES, ASSESSMENT DISTRICT 78-3 (64) Written Communication: (95) Report dated April 21, 1981, from the Director of Public (74) Works requesting the establishing of "no parking" zones on the following streets: Ortega Highway, La Novia Avenue, Calle Arroyo, and Rancho Viejo Road. Adoption of Resolution: The following Resolution was adopted: RESOLUTION NO. 81-4-21-7, ESTABLISHING "NO PARKING" ZONES - ORTEGA PROPERTIES (ASSESSMENT DISTRICTS 78-3) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING" ZONES ON ORTEGA HIGHWAY, LA NOVIA AVENUE, CALLE ARROYO AND RANCHO VIEJO ROAD (ORTEGA PROPERTIES, A.D. 78-3) 10. APPROVAL OF CHANGE ORDER NO. 3 - AHFP 1022, CAMINO DEL AVION IMPROVEMENTS (GRIFFITH COMPANY) (38) Change Order No. 3 was approved at $29,840.88 for extra work (83) performed due to unstable soil conditions as set forth in the report dated April 21, 1981, from the Director of Public Works. 11. RELEASE OF GRADING BOND - TIERRA DEL CABALLO, TRACT 9204, AVENIDA SIEGA (ERICKSON ENTERPRISES) (38) As set forth in the report dated April 21, 1981, from the (49) Director of Public Works, release of the following (85) grading bond was authorized, due to satisfactory completion of the work: Bond No. 8SM-173318, held by American Motorists Insurance Company, in the amount of $20,200.00. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT - INDUSTRIAL DEVELOPMENT, CAMINO CAPISTRANO (BATHGATE PROPERTY) Consideration of this item was continued to May 5, 1981. 2. REQUEST FOR PROPOSAL - STONEHILL ROAD ENVIRONMENTAL IMPACT REPORT (44) Written Communication: (68) Report dated April 21, 1981, from the Director of Community Planning and Development forwarding a proposed agreement for preparation of an Environmental Impact Report regarding the impacts of three alternative alignments for the proposed four -lane extension of Stonehill Drive bridging San Juan Creek and the railroad tracks and connecting to the I-5 Freeway. Approval: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the Request for Proposal for preparation of an EIR for Stonehill Drive extension from Del Obispo Street to Camino Capistrano. (69) Council concurred with Mayor Schwartze that it be a matter of Council policy with such major projects that proposals be returned to Council for review. -9- 4/21/81 3. APPEAL OF PLANNING COMMISSION DECISION - AMENDMENT TO A.C. 79-19, EQUESTRIAN CENTER, ORTEGA PLANNED COMMUNITY (ORTEGA PROPERTIES) (23) Written Communication: (68) (1) Report dated April 21, 1981, from the Director of (95) Community Planning and Development, requesting approval of modifications to the building materials for the equestrian barns to allow modular construction with a metal, simulated wood finish rather than the previously - approved wood structure. (2) Letter dated March 27, 1981, from Jon Pugh, Ortega Properties, 1 Brookhollow Drive, Santa Ana, 92705, appealing the March 10, 1981, denial by the Planning — Commission of his request for modification of building material plans for the Ortega Properties Equestrian Center. Discussion: Ilse Byrnes, Chairman of the Equestrian Commission, addressed the Council in support of wood construction for aesthetic reasons and presented photographs of various stable facilities. Jon Pugh, appellant, supported the staff recommendations based on maintenance, safety and flood plain considerations and stated the appearance would be enhanced. Harrison Negley, 31531 Camino Capistrano, former member of the Architectural Board of Review, stated that the question before the Board was a request for permission to construct wood stables rather than Spanish style tile and plaster. Councilman Friess stated that aesthetic impacts would result from the proposed metal roofing, but that modular siding would be acceptable. Conditional Approval of Appeal: It was moved by Councilman Friess, seconded by Councilman Buchheim that the concept of modular construction be approved as proposed by staff with the condition that specific build- ing materials be returned for future approval and review of roof design. The motion was carried by the following vote: AYES: Councilmen Friess, Buchheim and Mayor Schwartze NOES: Councilman Hausdorfer ABSENT: Councilman Bland DIRECTOR OF PUBLIC WORKS 1. STATUS REPORT - SAN JUAN HILLS EAST GROUND WATER INTRUSION AND PRIVATE IMPROVEMENT MAINTENANCE (WILSHIRE DIVERSIFIED) (85) Written Communication: Report dated April 21, 1981, from the Director of Public Works advising that plans submitted for a system of under- ground drains are being reviewed and that the performance bonds for private improvements in San Juan Hills East shall not be released until the ground water problem is resolved. It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to order the report received and filed. -10- 4/21/81 239 2. STATUS REPORT - CAMINO DEL AVION STORM DRAIN, PHASE III (80) Written Communication: Report dated April 21, 1981, from the Director of Public Works informing Council of negotiations for the required right-of-way easements. It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried that staff be directed to continue negotiations for acquisition of right-of-way ease- ments with Shig Kinoshita and Charles Vermeulen and that a meeting be held with Councilman Hausdorfer, the City Manager, the Director of Public Works, and the property owners. 3. PROPOSED CONCEPT DEVELOPMENT CHANGE, TRACT 9784, CAMINO LAS RAMBLAS (MORELAND DEVELOPMENT) (85) Written Communications: (1) Report dated April 21, 1981, from the Director of Public Works, requesting initiation of necessary street vacation procedures to establish the proposed private streets within Tract 9784. (2) Letters dated March 25, and April 14, 1981, from John D. Murphy, Assistant Region Manager, Moreland Development Company, 1717 State College Boulevard, Suite 280, requesting a re -designation of public streets to private streets and construction of two private entrance and exit gates as changes to the development concept plan. Camino Las Ramblas and Avenida Pescador are to remain as public streets. Approval of Request: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, and unanimously carried to authorize staff to initiate vacation procedures for the proposed private streets within Tract 9784. Councilman Hausdorfer requested staff review of more restrict- ed hours of operation for construction than 7:00 A.M. to sundown, especially in consideration of Daylight Saving Time. Council concurred that the matter be scheduled for the May 5 agenda. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF APRIL 14. 1981 (67) The report dated April 21, 1981, regarding actions taken by the Planning Commission at their meeting of April 14, 1981, was ordered received and filed. MEREDITH CANYON SLOPE DISTRICT 1. APPROVAL OF BY-LAWS (74) The two reports from the Director of Public Works addressing approval of District By -Laws and a request for transfer of funds to the District were held over for consideration at the May 5th Council Meeting, as requested by the President of the Meredith Canyon Community Association. COUNCIL ACTIONS 1. APPOINTMENT TO THE ARCHITECTURAL BOARD OF REVIEW (23) The report dated April 21, 1981, from the Administrative Assistant to the City Manager was ordered received and filed. Council concurred that appointment is to be con- sidered during the annual review of Commission and Board memberships, with the possibility of reconstituting the Architectural Board of Review. -11- 4/21/81 240 2. APPOINTMENT TO THE ORANGE COUNTY HOUSING AUTHORITY ADVISORY COMMITTEE (56) The report dated April 21, 1981, from the Administrative Assistant to the City Manager was ordered received and filed. It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried that Mayor Schwartze be authorized to appoint a delegate to the Orange County Housing Authority Advisory Committee upon receipt and review of applications. COUNCIL COMMENTS 1. PARKING ENFORCEMENT - ORTEGA HIGHWAY (64) Councilman Friess requested parking enforcement on Ortega (44) Highway at Ganado Road. The City Engineer is to determine who is the property owner. 2. ORTEGA PROPERTIES BICYCLE TRAIL (62) Councilman Friess noted that maintenance problems may arise on Ortega Properties Bike Trail with asphalt pedestrian/bike trail installation. 3. SAN JUAN CREEK FISHING AREAS (62) Councilman Friess suggested damming portions of San Juan Creek to provide fishing areas stocked by the State Department of Fish and Game. Council concurred that the matter be referred to the Parks and Recreation Commission for a report. 4. LETTER OF APPRECIATION (36) Councilman Hausdorfer suggested a letter of appreciation be forwarded to Congressman Badham from the City Council for his participation in an air review of the South County for possible airport sites. 5. TRUCK TRAFFIC - AVENIDA SIEGA (87) Councilman Buchheim cited problems with truck traffic at Avenida Siega and requested staff review. 6. 1984 EQUESTRIAN OLYMPIC EVENTS (23) Mayor Schwartze, with the concurrence of Council, approved mailing of a letter from the Equestrian Commission to the Executive Director, Sports Federation Commission, supporting Aliso Viejo as the site of the 1984 Olympic Equestrian events. Mayor Schwartze also requested that a Resolution be prepared supporting the holding of the 1984 Equestrian Olympics in Orange County. 7. EQUESTRIAN TRAIL - ORTEGA HIGHWAY (GIDDINGS) (62) Council concurred that installation of an equestrian trail in the Ortega Highway right-of-way fronting the Giddings property be referred to the Equestrian Commission. 8. INTERIM MAYOR AND PRO TEMPORE APPOINTMENTS (32) Council concurred that appointments are to be made due to anticipated absences from the City from June 14 to 29, 1981, of Mayor Schwartze and Mayor pro tem Buchheim. CLOSED SESSION The Council recessed to Closed Session at 8:50 P.M. for the discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 10:30 P.M. -12- 4/21/81 241 COUNCIL ACTIONS 1. CITY VS. COLINAS DE CAPISTRANO/SHEA HOMES - SETTLEMENT AGREEMENT (35) It was moved by Councilman Hausdorfer, seconded by (38) Councilman Friess and unanimously carried that the Mayor and City Clerk be authorized to execute the revised settlement Agreement between the City and Colinas de Capistrano. 2. CONSULTANT SERVICES - AGRICULTURAL PRESERVATION (68) It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to approve the agreement between the City and Dr. James Thorpe for consultant services for Agriculture Preservation. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:45 P.M. to the next regular meeting date of Tuesday, May 5, 1981, at 7:00 P.M., in the City Council Chamber. Respectfully submitted, MARY ANN PNOVER, CITY CLERK ATTEST: -13- 4/21/81