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81-0818_CC_Minutes_Regular MeetingZj'j AUGUST 18, 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 Pro Tem Buchheim at 7:02 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul Martin, Old Mission Church. ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor pro tem Anthony L. Bland, Councilman Kenneth E. Friess, Councilman (Arrived at 7:09 P.M.) Gary L. Hausdorfer, Councilman ABSENT: Phillip R. Schwartze, Mayor 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 o£ August 4, 1981 It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of August 4, 1981, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Councilman Friess and Mayor Schwartze Special Meeting of August 13, 1981 It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Special Meeting of August 13, 1981, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Councilman Friess and Mayor Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Bland, seconded by Councilman Hausdorfer that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Councilman Friess and Mayor Schwartze -1- 8/18/81 346 PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION - "SOUTHERN CALIFORNIA WATER WATCH," SEPTEMBER 13, 1981, THROUGH SEPTEMBER 20, 1981 (71) Mayor Pro Tem Buchheim advised that the Proclamation (94) declaring the week of September 13, 1981, through September 20, 1981, as Southern California Water Watch was presented to raise awareness about water resources and the need for the Peripheral Canal. Approval of Proclamation: It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried to authorize the Mayor Pro Tem and City Clerk to sign the Proclamation pledging the City's support of the Water Watch Program. 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 Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Councilman Friess and Mayor Schwartze 1. APPROVAL OF WARRANTS (41) The List of Demands dated August 18, 1981, Warrants Register No. 82-021, in the total amount of $387,453.33, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JULY 31. 1981 (41) The City Treasurer's Report of Investments as of July 31, 1981, in the total amount of $8,819,474.01, was approved as submitted. 3. APPROVAL OF CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of July 31, 1981, in the total amount of $162.13, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (41) The City Treasurer's Report of Fund Cash Balances for the one-month period ending July 31, 1981, in the amount of $8,819,474.01, was approved as submitted. 5. AUTHORIZATION TO RELEASE GRADING SURETY, TRACT 6305, ORTEGA HIGHWAY (HUNT CLUB) (38) As set forth in the report dated August 18, 1981, from the (49) Director of Public Works, release of the following Grading (85) Bond was authorized: C: Bond No. LA -100054, held by Fremont Indemnity Company, in the amount of $988,110.00. AWARD OF CONTRACT - MAINTENANCE OF LANDSCAPING CITY PARKSITES (CALIFORNIA LANDSCAPE) (38) Written Communications: (74) Report dated August 18, 1981, from the Director of Public Works, forwarding the results of bids received on August 12, 1981. -2- 8/18/81 347 Award of Contract: The contract was awarded to California Landscape for the maintenance of landscaping in various City parksites in the amount of $22,222 annually, and all other bids received were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 7. AWARD OF CONTRACT - INTERIOR MODIFICATIONS TO EXISTING EQUIPMENT BUILDINGS (PUBLIC WORKS) (38) Written Communications: (74) (1) Report dated August 18, 1981, from the Director of Public Works, forwarding the results of bids received on August 12, 1981, and recommending that award of the contract be resubmitted at a later date to allow staff to review with the low bidder the terms of the contract and qualifications of the contractor and sub -contractor. The report will be reconsidered at the meeting of September 1, 1981. PUBLIC HEARINGS 1. REVIEW OF FISCAL BUDGET FOR THE FIVE YEARS BEGINNING JULY 1, 1981, AND ENDING JUNE 30, 1986 (CONTINUATION) This Public Hearing was continued from the meeting of August 4, 1981. (24) Proposal: Review of proposed departmental operating budgets and proposed budgets for Commissions, Boards, Committees and Community Organizations for the five-year period beginning July 1, 1981, and ending June 30, 1986. Written Communications: (1) Report dated August 18, 1981, from the City Manager. Public Hearing: Notice having been given as required by law, Mayor Pro Tem Buchheim opened the Public Hearing and the following persons responded: (1) Doris Lindsay, Manager of the Chamber of Commerce stated that the requested increase from $13,700 to $16,500 was due to employee benefit costs. (2) Julie Pozzetta, representing the Laguna Beach Youth Shelter, 508 St. Ann's, Laguna Beach. (3) Anne Schauwecker, representing the Historical Society. Mayor Pro Tem Buchheim noted that a request for $20,000 had been received from San Juan Beautiful, Inc. There being no further response, the Public Hearing was continued to the meeting of September 1, 1981, at 7:00 P.M., in the City Council Chamber. 2. REQUEST FOR TRAFFIC ON PRIVATE STREETS (61) Proposal: (85) Petition by the Board of Directors of the Casa de Capistrano (87) Homeowners' Association for application of Vehicle Code Section 21107 to provide vehicular traffic enforcement on privately -owned and maintained streets. -3- 8/18/81 3 43- Written Communications: (1) Report dated August 18, 1981, from the Director of Public Works. Councilman Friess arrived at 7:09 P.M. and assumed his duties Applicant: Casa de Capistrano Homeowners' Association, 26414 Paseo Pamela. Public Hearing: Notice having been given as required by law, Mayor Pro Tem Buchheim opened the Public Hearing and, there being no response, declared the Hearing closed. Adoption of Resolution: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 81-8-18-1, VEHICLE.CODE ENFORCEMENT - CASA DE CAPISTRANO DEVELOPMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR APPLICATION OF THE CALIFORNIA VEHICLE CODE TO PRIVATE STREETS IN THE CASA DE CAPISTRANO DEVELOPMENT (TRACT 7251) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze 3. APPROVAL OF SPECIFIC PLAN 81-2, LOCATED AT VALLE ROAD AND SOUTH OF SAN JUAN CREEK ROAD (CAPISTRANO TERRACE MOBILE ,,1,.11 ,,,,"% (25) Proposal: (46) Approval of Specific Plan 81-2 to provide for the location of housing, together with regulations establishing setback limits within the Capistrano Terrace Mobile Home Park, pursuant to Government Code Section 65451. Written Communications: (1) Report dated August 18, 1981, from the Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission on July 14, 1981. (2) Letter dated July 2, 1981, from J. W. Farrel, Fire Protection Analyst, Orange County Fire Department, P. O. Box 86, Orange, 92666, providing recommendations to compensate for deficiencies in water availability at the Park. Exhibits were on display, and the Director of Community Planning and Development presented an amendment to Development Regulation No. 7. Applicant: Capistrano Terrace Associates, c/o Glen Fishback, Lingo Real Estate, 1110 Glenneyre Street, Laguna Beach, 92651. Public Hearing: Notice having been given as required by law, Mayor Pro Tem Buchheim opened the Public Hearing and the following persons responded: -4- 8/18/81 (1) Glen Fishback, managing partner of the Park, supported the proposal and the amended Finding No. 7 regarding existing mobilehomes, as well as the improvements required by the Conditions of Approval. Mr. Fishback requested that Council consider approving a bond deposit for park improvements. (2) Aaron Powers, Mobile Home Park Review Committee Member, endorsed the proposal and urged increased fire protection. There being no further response, Mayor Pro Tem Buchheim closed the Public Hearing. Approval of Specific Plan: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 81-8-18-2, SPECIFIC PLAN 81-2 (CAPISTRANO TERRACE MOBILE HOME PARK) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING SPECIFIC PLAN 81-2 (CAPISTRANO TERRACE MOBILE HOME PARK) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze The Resolution approves Specific Plan 81-2 subject to conditions for fire protection improvements, roof and siding colors and reflectivity, and landscape improvements. There was a concurrence of Council that Mr. Fishback may return with a request for permission to post an improvement bond, if necessary. 4. APPROVAL OF TENTATIVE TRACT 10375, LOCATED AT SOUTHWEST CORNER OF CALLE ASPERO AND DEL OBISPO STREET (ROMER) (85) Proposal: A subdivision of approximately 3.06 acres of land into eight single-family lots with a minimum lot size of 10,000 square feet on property located at the southwest corner of Del Obispo Street at Calle Aspero known as Assessor's Parcel No. 673-111-15. Applicant: Francis C. Romer, 2018 Colorado Avenue, Santa Monica, 90404. Written Communications: (1) Report dated August 18, 1981, from the Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission on July 28, 1981. Discussion: Exhibits were on display and the Director of Community Planning and Development made an oral presentation citing conditions for grading to natural contours, application of the Hillside Development Guidelines, and Planning Commission review of grading for individual residences, as well as restrictions on architectural treatments. -5- 8/18/81 350 Council expressed concern with provisions for access, visual impacts of street -facing walls of residences and landscaping, possible disruption of utility services to surrounding homes, protection of sidewalks during grading operations, and restrictions on types of architecture. Council concurred that installation of protective fencing during grading operations would be added as a condition of approval. Amendments to Conditions of Approval: The Director of Community Planning and Development provided the following amendments to the wording of the Conditions of Approval: 17. Individual Residential Grading Plans: Grading plans for individual residences and other accessory structures as defined by the Municipal Code shall be reviewed and approved by the Planning Commission in order to: (1) adequately address impacts associated with the prominent visibility of the property, with special emphasis on mitigating the visual impact of dwellings as viewed from the downhill side; (2) protect adjacent residential neighborhood from potential view blockage; and (3) to preserve the natural contours of the site to the greatest extent possible. 18. Protective Fencing: A chain-link fence meeting the requirements of the Public Works Department shall be constructed along Calle Aspero and Del Obispo Street to protect adjacent public areas during grading operations. Public Hearing: Notice having been given as required by law, Mayor Pro Tem Buchheim opened the Public Hearing and the following persons responded: (1) Miles Anderson, 27592 Brookside Lane, representing the applicant, stated there was no objection to the conditions nor to installation of protective fencing. (2) Jim Arnold, 25991 Calle Ricardo, expressed appreciation for the consideration given to visual impacts. There being no further response, Mayor Pro Tem Buchheim declared the Public Hearing closed. Adoption of Resolution: It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following Resolution be adopted, with the inclusion of the amended Condition No. 17 and the added Condition No. 18. RESOLUTION NO. 81-8-18-3 AT COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 10375 (ROMER) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze Council expressed appreciation for Mr. Romer's continued maintenance of the jacaranda trees along Calle Aspero. 8/18/81 5. PROPOSED . MUNICIPAL ITION OF SECTION DE - ESTABLISHIN( nF HILLSIDE CUS' 9-3.623 TO 35 TLE 9 OF THE (55) Proposal: Introduction of an Ordinance to regulate exterior color and reflectivity of hillside custom homes located 150 feet or more above sea level to encourage the blending of hillside development into surrounding areas. Applicant: This is a City -initiated Hearing. Written Communications: (1) Report dated August 18, 1981, from the Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission on July 28, 1981. The Director of Community Planning and Development made an oral presentation, noting that all decisions of the Environmental Review Board may be reviewed by the City Council. Public Hearing: Notice having been given as required by law, Mayor Pro Tem Buchheim opened the Public Hearing and the following persons responded: (1) Marilyn Williams, 29931 Camino Capistrano, spoke in opposition to the Ordinance, citing concerns with distance above sea level, enforcement, and changes of ownership. (2) Walter Wood, 25801 Paseo de la Paz, suggested that roofs and solar installations and landscaping also be considered and recommended that a workshop be held with architects, builders, and staff. There being no further response, Mayor Pro Tem Buchheim closed the Public Hearing. Referral to Ad Hoc Committee: There was a concurrence of Council that the proposed Ordinance and solar roof installations be considered by an ad hoc committee composed of Councilman Friess, Walter Wood and staff with a report to be provided to Council at the meeting of September 15, 1981. MOTION TO READ BY TITLE ONLY Since a four-fifths quorum was not present at the beginning of the meeting and pursuant to the recommendation of the City Attorney, Council took the following action: It was moved by Councilman Friess, seconded by Councilman Hausdorfer that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilman Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES. None ABSENT: Mayor Schwartze -7- 8/18/81 352 ORDINANCES 1. PROPOSED AMENDMENT TO TITLE 2, SECTION 2-2.902 OF THE MUNICIPAL CODE - MOBILE HOME PARK RENT FORMULAE (INTRODUCTION) (23) Written Communications: (55) (1) Report dated August 18, 1981, from the City Attorney, forwarding a proposed amendment to Section 2-2.902 of the Municipal Code for the purpose of clarifying language pertaining to the maximum allowable increases in the mobile home park rent formulae. Council concurred with the suggestion of Councilman Friess that the Ordinance be amended to read as follows: - Section 2-2.902 (d) 1, Subparagraph 3: "Multiply that product by a factor of 1.1 to arrive ." Section 2-2.902 (d) 2, Subparagraph 3: "Multiply the above 'Modified CPI -U' by a factor of 1.1 to arrive . ." Introduction of Ordinance: The City Attorney read the title of the Ordinance ,next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following Ordinance be introduced: ORDINANCE NO. 430, AMENDING TITLE 2, CHAPTER 2 kMUD1J,h MUMr, YAl-(A KrLVlISW l;UlW11TT1'E) - AN UhOINANU OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2, ARTICLE 9, SECTION 2-2.902 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE (MOBILE HOME PARK REVIEW COMMITTEE) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze Mrs. Alice Lanting, Manager, E1 Nido Mobile Estates, addressed the Council to request assistance in determining allowable rent increases when space rents differ within,a Park and each space has an individual anniversary date. There was a concurrence of Council that the question of _ allocating rent increases be referred to the Mobile Home Park Review Committee for determination and report. RESOLUTIONS 1. CONFIRMING 1981 LANDSCAPE MAINTENANCE CHARGES - (74) Written Communications: (1) Resubmittal of the Report dated August 4, 1981, from the Director of Public Works. (2) Report dated August 18, 1981, from the Director of Public Works, providing background information on the establishment of landscape maintenance districts and providing cost factors for such districts. -8- 8/18/81 353 Deferral to August 25, 1981: Council concurred with the suggestion of Councilman Hausdorfer that final consideration of the assessments be deferred until August 25, 1981, with a meeting to be scheduled in the San Juan Hot Springs Dance Hall. 2. APPROVAL OF AMENDMENTS TO THE 1980-81 FISCAL BUDGET AND AUTHORIZING APPROPRIATIONS (24) Written Communications: (1) Report dated August 18, 1981, from the Assistant City Manager/Director of Administrative Services, forwarding a schedule of fund appropriations for the 1980-81 budget, pursuant to approved budget changes during the fiscal period, in the amount of,$928,925.00. Adoption of Resolution: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 81-8-18-4, AMENDING THE 1980-81 FISCAL BUDGET AND AUTHORIZING APPROPRIATIONS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE 1980-81 FISCAL BUDGET AND AUTHORIZING APPROPRIATIONS The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze 3. APPROVAL OF APPROPRIATION LIMITS - 1981-82 FISCAL YEAR (24) Written Communications: (86) (1) Report dated August 18, 1981, from the Assistant City Manager/Director of Administrative Services, forwarding a proposed Resolution establishing a limitation on the amount of proceeds from taxes which may be appropriated for expenditures, pursuant to Article 13B of the State Constitution. Adoption of Resolution: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 81-8-18-5, ESTABLISHING APPROPRIATION LIMITS - 1981-82 FISCAL PERIOD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING APPROPRIATION LIMITS FOR 1981-82 FISCAL PERIOD The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze The Resolution establishes an appropriation limit for the 1981-82 fiscal period in the amount of $10,647,200.00. -9- 8/18/81 354 4. APPROVAL OF SENATE BILL 821 GRANT APPLICATION FOR VEREDA BIKEWAY (41) Written Communications: (62) (1) Report dated August 18, 1981, from the Administrative Assistant to the City Manager, forwarding an application for $125,000 in regional grant funds for 1,500 linear feet of bikeway trail under the San Juan Creek Freeway Bridge. Adoption of Resolution: It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 81-8-18-6, APPLICATION FOR SENAT BILL 821 REGIONAL GRANT FUNDS - VEREDA BIKEWAY LINK - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE APPLICATION FOR SENATE BILL 821 REGIONAL GRANT FUNDS FOR THE VEREDA BIKEWAY LINK The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze 5. APPROVAL OF SENATE BILL 821 GRANT APPLICATION FOR PURCHASE OF BIKE TRAIL SIGNS (41) Written Communications: (62) (1) A report dated August 18, 1981, from the Administrative Assistant to the City Manager, forwarding an application for $4,200 in regional grant funds for the purchase of bicycle trail signs for newly developed trails. Adoption of Resolution: It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 81-8-18-7, APPLICATION FOR SENATE BILL 821 LOCAL GRANT FUNDS FOR PURCHASE OF BIKEWAY .711i1V .1 - h 1[GJVLUIIVLV VL '1'R l+ V11'Y LVULV l..1L Vl '1'h t'. CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING APPLICATION FOR SENATE BILL 821 LOCAL GRANT FUNDS FOR THE PURCHASE OF BIKEWAY SIGNS The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze 6. ASSESSMENT DISTRICT 80-2 - APPROVAL OF BOUNDARIES AND DEBT LIMIT REPORT (McCRACKEN HILL) (74) Proposal: Approval of documentation necessary for the implementation of an assessment district to provide a sewer system for the area known as McCracken Hill, pursuant to the Municipal Improvement Act of 1913 and the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Divisions of the State Streets and Highways Code. -10- 8/18/81 355 Written Communications: (1) Report dated August 18, 1981, from the Director of Public Works. tation of Boundaries of Assessment District and of Works of Improvement Proposed to be Constructed: Walt Hamilton, Willdan Associates Assessment Engineer, made the presentation and defined the extent of improvements. Approval of Boundary ap: It was moved by CouncMilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 81-8-18-8, BOUNDARY MAP, DCQWQQM7MM nTCTRTrT Pn-i lmrrpnrVR.0 HTT.T.i - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MAP SHOWING THE GENERAL NATURE AND LOCATION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT AND SHOWING THE PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO BE ASSESSED FOR SAID IMPROVEMENT - ASSESSMENT DISTRICT 80-2 (McCRACKEN HILL) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze The Resolution adopts a map designating the boundaries of lands and property to be assessed to pay costs and expenses of the proposed improvements; directs that a.certified copy of the map be filed with the County Recorder within 15 days; approves bond financing; establishes a special fund for deposit of all proceeds. Approval of Appointments: It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following Resolution be adopted: UTION NO. 81-8-18-9. APPOINTMENT OF UlbrAlUT ou-L rilLLJ - 11 ktz)ULUTlUN OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS - ASSESSMENT DISTRICT 80-2 (MCCRACKEN HILL) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze The Resolution appoints William D. Murphy as Superintendent of Streets, F. MacKenzie Brown as bond counsel, and designates the Daily Sun -Post as the newspaper for all publications. -11- 8/18/81 356 Approval of Preliminary Determination: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: ON NO. 81-8-18-10, PRELIMINARY ATION OF IMPROVEMENTS. ASSESSM DISTRICT 80-2 (McCRACKEN HILL) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT - ASSESSMENT DISTRICT 80-2 (McCRACKEN HILL) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze The Resolution approves the proposed construction and installation of certain grading, earthwork, sanitary sewer lines, and house laterals and drainage facilities and easements, and directs that an Improvement Report be prepared. Presentation of Debt Report: Mr. Hamilton, Assessment Engineer, reviewed the Debt Report, including the method and formulation of the assessment spread. Approval of Debt Report and Public Hearing Date: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 81-8-18-11, APPROVAL OF DEBT DISTRICT 80-2 (McCRACKEN HILL) - OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931", AND FIXING A DATE OF HEARING THEREON FOR OCTOBER 6, 1981 - ASSESSMENT DISTRICT 80-2 (McCRACKEN HILL) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze The Resolution sets a Public Hearing for October 6, 1981, at 7:00 P.M., in the City Council Chamber. BIDS, CONTRACTS, AGREEMENTS 1. SELECTION OF CONSULTANT - LAND USE AND CIRCULATION PLAN FOR AREA A OF CENTRAL BUSINESS DISTRICT (ARCHIPLAN) (37) Written Communications: (38) (1) Report dated August 18, 1981, from the Director of Community Planning and Development, forwarding the results of proposals received for the preparation of a Land Use and Circulation Plan for Area A of the City's Central Busines's District. -12- 8/18/81 Approval ofAgrm eeent: It was moved by Councilman Friess, Hausdorfer and unanimously carried with Archiplan, 1545 Wilcox Avenue, in an amount not to exceed $18,500, Mayor and City Clerk to execute the the City. 2. EXTENSION OF CONSULTANT AGREEMENT 357 seconded by Councilman to approve the Agreement Los Angeles, 90028, and to authorize the Agreement on behalf of AGRICULTURAL (38) Written Communications: (68) (1) Report dated August 18, 1981, from the City Manager. Approval of Time Extension: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve an extension of time from August 31, 1981, to December 31, 1981, for the Agreement for Agricultural Preservation Services previously entered into between the City and Dr. James Thorpe, with the same rate and expenditure limits to apply. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. FORSTER CANYON PLANNED COMMUNITY - PUBLIC/INSTITUTIONAL (78) Written Communications: (85) (1) Report dated August 18, 1981, from the Director of Community Planning and Development. (2) Letter dated June 20; 1981, from Gordon G. Getchel, Principal, RKG Associates, 23052 Lake Forest Drive, Suite E1, Laguna Hills, 92653, requesting affirmation that the 7.8 acre school site in the Forster Canyon Planned Community is acceptable in lieu of payment of required Senate Bill 201 developer fees. Applicant: Arosa Development and Management, Inc., 2915-C Red Hill Avenue, Costa Mesa, 92627. Rick Goecher, representing Arosa Development, addressed the Council in support of the request. Denial of Request Without Prejudice: It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to deny the request for identification of a specific parcel of land for a future school site without prejudice. RECESS AND RECONVENE Council recessed at 9:12 P.M. and reconvened at 9:22 P.M. 2. DWELLING ENCROACHMENT/OPEN SPACE (85) Proposal: LOT 31 A request for permission to develop a residence and barn in the OS (Open Space) District on which development rights have been dedicated to the City, with access proposed from the emergency access drive connecting Mission Hills Drive with Hillside Terrace. Written Communications: (1) Report dated August 18, 1981, from the Director of Community Planning and Development. -13- 8/18/81 353 Applicant: Art Lavagnino, Architect, 32302 Camino Capistrano, on behalf of the property owner, James Carmack, P. O. Box 565, E1 Toro, 92630. Discussion: Art Lavagnino addressed the Council in support of the proposal and stated that the barn area would be a stable adjacent to the Mission Hills equestrian facility and that the development would not block views or change natural landforms. The Director of Community Planning and Development advised that Tract 6381 is the only tract with Open Space easements. Council discussed the possibility of an exchange of Open Space easement area, expressed concern with the request for use of emergency road access, indicated that a stable on the padded area would be acceptable, and noted that the project would require re -zoning review by the Planning Commission. Mr. Lavagnino stated that the applicant would be willing to release some Open Space easement area subject to re -zoning. Denial of Request: There was a concurrence of Council that the request for approval of residential development in the Open Space District be denied; subject to the applicant processing the request through the re -zoning process, Council will consider use of Open Space for the equestrian facility. 3. GENERAL PLAN AMENDMENT 81-3 - ADDITION OF ITEMS D (BATHGATE PROPERTY) AND E (SCHOOL SITE) (46) Proposal: Inclusion of the following items within General Plan Amendment 81-3: Item D - Bathgate Ranch, a proposed change in land use and circulation designations for 75 acres of land located at the north City limits to accommodate an office/research park. Item E - School Sites, a comprehensive review of school site planning to consider designation of future sites on the General Plan. Written Communications: (1) Report dated August 18, 1981, from the Director of Community Planning and Development. Applicants: K. K. Bathgate, 14049 East Marvista, Whittier, 90602, and William A. Bathgate, Partner, Bathgate & Bathgate, P. 0. Box 217, San Juan Capistrano, 92693, both represented by Ronald W. Martin and Associates, 1895 Newport Boulevard, Costa Mesa, 92626. Addition to General Plan Amendment 81-3: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve the addition of Items D (Bathgate Property) and E (School Site Study) to General Plan Amendment 81-3 for referral to the Planning Commission for report and recommendation. 4. APPROVAL OF ROOF MATERIAL - ORTEGA EQUESTRIAN CENTER (BRABANT PROPERTIES) (23) Written Communications: (95) (1 Report dated August 18, 1981, from the Director of Community Planning and Development, forwarding a request for approval of proposed roofing material for the Ortega Equestrian Center. -14- 8/18/81 Applicant: Jon Pugh, Brabant Santa Ana, 92705. Properties, One Brookhollow Drive, 359 Approval: It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried to approve a dark brown composition shingle roofing material for the modular barn and stable buildings. DIRECTOR OF PUBLIC WORKS 1. STATUS OF SENATE BILL 201 IMPLEMENTATION - SCHOOL (55) Written Communications: (95) (1) Report dated August 18, 1981, from the Director of Public Works, forwarding a copy of an agenda item to be presented to the Capistrano Unified School District's Board of Trustees at their meeting of August 17, 1981. With the concurrence of Council, Mayor Pro Tem Buchheim ordered the report received and filed. 2. STATUS REPORT - SAN ONOFRE EMERGENCY RESPONSE PLAN (SONGS) (89) Written Communications: (1) Report dated August 18, 1981, from the Director of Public Works, providing a review of the curent status of the San Onofre Emergency Response Plan. The Director of Public Works advised that a thorough public relations campaign is being urged prior to any equipment tests by the utility companies. With the concurrence of Council, Mayor Pro Tem Buchheim ordered the report received and filed. DIRECTOR OF RECREATION 1. STATUS REPORT - MARCO FORSTER JUNIOR HIGH SCHOOL LIGHTING (62) Written Communications: (78) (1) Report dated August 18, 1981, from the Director of Recreation, providing a review of the current status of the improvements to the athletic fields and tennis court lighting. With the concurrence of Council, Mayor Pro Tem Buchheim ordered the report received and filed. COMMISSIONS, BOARDS,COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF AUGUST 11, 1981 (67) With the concurrence of Council, Mayor Pro Tem Buchheim ordered the Report of Actions taken by the Planning Commission on August 11, 1981, received and filed. COUNCIL ACTIONS 1. MOBILE HOME PARK REVIEW COMMITTEE - RESIGNATION (POWERS) (23) Mayor Pro Tem Buchheim advised that Aaron Powers -had tentatively resigned as a Member of the Mobile Home Park Review Committee. The City Clerk was directed to advertise the vacancy. -15- 8/18/81 360 2. ARCHITECTURAL BOARD OF REVIEW (23) Re -Appointment of Members: It was moved by Councilman Hausdorfer and seconded by Councilman Bland that the current Members of the Architectural Board of Review (James Allen, Carolyn Nash, and Wayne Penny, Jr.) be re -appointed to an additional term of office ending June 30, 1982. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Pro Tem Buchheim NOES: None ABSENT: Mayor Schwartze Municipal Code Amendment: It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried that staff prepare an amendment to Title 2 of the Municipal Code to provide that the Architectural Board of Review shall be composed of three Members. RECESS AND RECONVENE Council recessed at 9:55 P.M., in order to convene as the Board of Directors of the Meredith Canyon Slope District, and reconvened at 9:58 P.M. COUNCIL REMARKS 1. SHERIFF FACILITIES (70) Council concurred with the request of Councilman Hausdorfer that a presentation be made with regard to Sheriff services and costs, in order to determine the feasibility of supporting a new South County Sub -Station with holding facilities. CLOSED SESSION Council recessed to Closed Session at 10:01 P.M. for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 10:30 P.M. ADJOURNMENT It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried that the meeting be adjourned to Tuesday, August 25, 1981, at 7:00 P.M. in the San Juan Hot Springs Dance Hall to consider the assesments for Landscape Maintenance Districts. Respectfully submitted, RY ANN NOV� CITY CLERK ATTEST: -16- 8/18/81