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81-1006_CC_Minutes_Regular MeetingOCTOBER 6, 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 7:03 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Gary L. Hausdorfer. ROLL CALL PRESENT: Phillip R. Schwartze, Mayor Lawrence F. Buchheim Mayor pro tem Anthony L. Bland, Councilman Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of September 15, 1981 It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of September 15, 1981, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ASSENT: None Adjourned Regular Meeting of September 29, 1981 It was moved by Councilman Bland, seconded by Councilman Friess that the Minutes of the Adjourned Regular Meeting of September 29, 1981, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman 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, Buchheim, and Mayor Schwartze NOES: None ABSENT: None -1- 10/6/81 396 WRITTEN COMMUNICATIONS 1. REQUEST FOR QUITCLAIM OF ROAD EASEMENT, SACARAMA LANE (BROWN) (73) Letter dated September 22, 1981, from Michael Brown, (76) MEB Investments, P. 0. Box 1146, requesting that the (83) City quitclaim the irrevocable offer to dedicate a 60 -foot road easement along the frontage of property located on Sacarama Lane known as Assessor's Parcel No. 121-070-61. Mr. Brown addressed the Council in support of the request and stated that installation of an equestrian trail is planned along the entire 780 -foot frontage of the property with rest stop and water trough. — Mr. Brown also stated that an access easement to his property had been negotiated with the developers of the Bear Brand Ranch, which will negate the need for access through Oso Road. Referral to Staff: There was a concurrence of Council that the request be referred to staff for submittal of a report at the meeting of November 3, 1981. CONSENT CALENDAR It was moved by Councilman Buchheim, and seconded by Councilman Hausdorfer that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim and Mayor Schwartze NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated October 6, 1981, Warrant Register No. 82-041, in the total amount of $855,237.09, was approved as submitted. 2. REPORT OF CULTURAL HERITAGE (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of September 22, 1981, was ordered received and filed. 3. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF SEPTEMBER 14 AND 28, 1981 (23) The Report of Actions taken by the Equestrian Commission at the meetings of September 14 and 28, 1981, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION MEETING OF SEPTEMBER 21, 1981 (62) The Report of Actions taken by the Parks and Recreation Commission at the meeting of September 21, 1981, was ordered received and filed. -2- 10/6/81 5. SSION (23) The Report of Actions taken by the Traffic and Transportation Commission at the meetings of September 2 and 23, 1981, was ordered received and filed. 6. HEARING DATE - APPEAL OF (85) The Public Hearing on the Appeal of the Planning (92) Commission denial of Zone Variance 81-25, filed by the applicant, Thomas F. Fryan, was scheduled for the regular meeting of November 3, 1981, at 7:00 P.M. in the City Council Chamber, as set forth in the Report dated October 6 from the City Clerk. 7. CLAIM FOR DAMAGES (DURNING (35) The Claim filed on September 11, 1981, by Don G. Grant on behalf of William Durning for alleged injuries and damages in the approximate amount of $75,000, was denied and referred to the City's Claims Adjuster, Carl Warren Insurance, as set forth in the Report dated October 6 from the City Clerk. 8. PASEO DE LA PAZ STORM DRAIN - AWARD OF CONTRACT AND APPROVAL OF AGREEMENT (38) The following items were approved for construction of (80) the Paseo de la Paz storm drain, as set forth in the Report dated October 6 from the Director of Public Works: a. The Agreement between the City and the Paseo de la Paz Homeowners providing for the homeowners' submittal of $40,400, approved plans and specifications, and right-of-way documents. City funds not to exceed $72,000 will be provided from Bear Brand Ranch drainage fees. b. The low bid of Ken Thompson, Inc., in the amount of $97,394 for storm drain construction was accepted and all other bids rejected. C. The Mayor and City Clerk were authorized to execute the documents on behalf of the City. 9. TRABUCO CREEK/DESCANSO RECREATIONAL BRIDGE - EXTENSION OF TIME (SPIESS CONSTRUCTION) (38) Contract Change Order No. 4, a 50 -day extension of (74) time to December 1, 1981, for completion of the Descanso/Trabuco Creek Recreational Bridge by Spiess Construction Company, was approved due to delays in review of construction plans by Caltrans. 10. CAMINO DEL AVION STORM DRAIN, PHASE III - (38) Contract Change Order No. 1, additional work in the (80) amount of $10,431.38 for new drainage pipe, grading, fencing, and gates completed by Ken Thompson, Inc., was approved. -3- 10/6/81 11. BUILDINGS (38) The following Resolution was adopted: (74) 12. 110 1-10- 10.46*wti[h VEHICLE STORAGE BUILDING - 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 A VEHICLE STORAGE BUILDING AND MODIFICATIONS OF EXISTING VEHICLE STORAGE BUILDING The Resolution accepts the work completed by Roland Olsen, General Contractor, and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Payment status is as follows: Total Construction Costs to Date $139,895.54 Less 108 Retention 13,989.55 Total Due to Date 125,905.99 Less Previous Payments 104,206.99 Balance Due This Payment $ 21,699.00 Staff was authorized to make the payments as indicated; payment of the 108 retention was authorized 35 days after recordation of the Notice of Completion. (38) Change Order No. 8, additional costs in the amount of (74) $85,201.37 related to driveways, sewer laterals, water service, paving and miscellaneous items completed by Clarke Contracting Corporation, was approved for payment by the Assessment District; Progress Payment No. 14 was approved. COOK PARK IMPROVEMENTS - APPROVAL OF CHANGE ORDERS NOS. 1 AND 2 (ALLIED SPRINKLER) This item was removed from the Consent Calendar at the (62) request of Councilman Friess, who requested information on the feasibility of providing rock protection to the creek side of the property in conjunction with the proposed importation of fill material. The Director of Public Works advised that installation of a 17 - 10 -foot high rock barrier would not appear to be economically feasible. Approval of Change Orders and Award of Work: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the following items, as set forth in the Report dated October 6 from the Director of Public Works: a. Change Order No. 1, importation of fill material for soccer and baseball fields, in the amount of $31,500. -4- 10/6/81 X99 b. Change order No. 2, fine grading of fill material, in the amount of $12,500. C. Award of the above work to Allied Sprinkler in the amount of $44,000. d. An amendment to the 1981-82 Capital Projects budget for items a, b, and c. e. Authorization for staff to initiate design changes and deletions in an effort to defray the additional expenses. HEARINGS 1. REZONE 81-5A NEGATIVE DECLARATION - DECISION (67) Proposal: (68) Appeal of the decision made by the Environmental (95) Review Board on July 28, 1981, in authorizing a Negative Declaration of Rezone 81-5A based on the finding that the addition of an "F" (Family) suffix to the MPH (Mobile Home Park) zoning designation for the Park would merely formalize an existing situation in the official zoning designation and prevent exclusion of residents by age. The Negative Declaration was issued on August 25. Appellant: Walter A. Talley, Jr., Attorney for Tony Gregory, 23113 Plaza Pointe Drive, Laguna Hills 92653-1461. Written Communications: (1) Report dated October 6, 1981, from the Director of Community Planning and Development. (2) Notice of Appeal of Negative Declaration filed September 4 by the appellant on the basis that the action has a significant environmental impact and that the Board relied upon insufficient and erroneous facts. Hearing: Notice having been given as required, Mayor Schwartze opened the hearing, and the following persons responded: (1) Walter A. Talley, appellant, addressed the Council in support of the Appeal and submitted a copy of minutes of the Orange County Planning Commission meeting of July 9, 1969, referred to as Exhibit A, and a copy of the Notice of Intention to Amend Rules and Regulations of Rancho del Avion Mobilehome Estates, referred to as Exhibit B, and cited impacts created by the City's residential growth management; sewer design requirements; parkland, school, and density requirements; and increased traffic. Mayor Schwartze requested specific information on the significance of any environmental impacts. The Director of Community Planning and Development noted that the action considered by the Board was a rezone which would make it possible for children to live in the park but would not mandate that children live in the park; existing conditions were not changed. -5- 10/6/81 (2) Gerald Gibbs, Attorney representing the Park residents, 110 E. Palizada, San Clemente, stated that there was no significant impact on the environment created by the Board action. There being no further response, the Hearing was closed. Denial of Appeal: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to deny the appeal and to confirm the action of the Environmental Review Board in granting a Negative Declaration for Rezone 81-5A. PUBLIC HEARINGS 1. -2 PROTEST HEARING (74) Proposal: Receipt of testimony related to the Investigative Report for Assessment District No. 80-2, the proposed installation of sewerline service to the area known as McCracken Hill. Applicant• City of San Juan Capistrano Written Communications: (1) Report dated October 6, 1981, from the Director of Public Works. Public Hearing: Mayor Schwartze announced that it was the time and place for hearing protests or objections to the Debt Report, the proposed construction, and all related matters in Assessment District No. 80-2 (McCracken Hill). Report of Notice: The City Clerk reported that, pursuant to the provisions of the Streets and Highways Code, Notice had been given in the manner and form as required by law, and that the Certificate of Mailing Notice and Filing Boundary Map was on file. Summary of Report• Assessment Engineer, Willdan Associates, summarized the contents of the Report, pursuant to Division 4 of the California Streets and Highways Code, explained the method and formula of assessment spread, and summarized the proposed works of improvement. Report of Protests: The City Clerk announced that no written protests had been received. The following persons addressed the Council: (1) Jack Gross, 33548 Valle Road, spoke in opposition to the District. (2) Jerry Klein, 33132 Valle Road, indicated he did not wish to protest the District. -6- 10/6/81 401 (3) Phil Killbride, 33562 Valle Road, spoke in opposition to the District since he hadn't seen the proposed grading plans for his property and the adjacent property. Discussion• Council requested assurance from staff that the City is not pre -approving future lot splits. Staff advised that the District would receive additional consideration at future public hearings. Percentage of Protests: The Assessment Engineer reported that the protests received amounted to 6%. It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to declare the Public Hearing closed. Denial of Protests: It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried that the following Resolution be adopted: RESOLUTION NO. 81-10-6-2, DENYING PROTESTS, ASSESSMENT DISTRICT 80-2 (MCCRACKEN HILL) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS, AND OVER -RULING AND DENYING PROTESTS IN A SPECIAL ASSESSMENT DISTRICT The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze ABSENT: None Determination of Necessity: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried that the following Resolution be adopted: RESOLUTION NO. 81-10-6-3, DETERMINING NECESSITY ASSESSMENT DISTRICT 80-2 (McCRACKEN HILL) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS AND APPURTENANCES SUBSTANTIALLY AS SET FORTH IN THE REPORT FILED PURSUANT TO THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931"; THAT THE PROJECT IS FEASIBLE; AND THAT THE LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE PROPOSED ASSESSMENT. Staff was directed to proceed with the District. 2. VACATION OF PORTION OF STREET EASEMENT (CAPISTRANO INN) (73) Proposal: Vacation of a portion of an easement for street and (91) highway purposes as recorded in Book 10008, Page 204, Orange County Records. The easement is no longer -7- 10/6/81 402 required for public purposes due to access provided by the construction of Paseo Espada within Assessment District 78-3. Applicant: Ernest and Grether, 10795 Bolero Lane, Huntington Beach 92647, owners of the Capistrano Inn and property in question. Written Communications: (1) Report dated October 6, 1981, from the Director of Public Works. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, declared the Hearing closed. Approval of Street Vacation: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: 81-10-6-4, VACATION OF PORTION OF REET AND HIGHWAY PURPOSES (CAPISTRANO INN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF AN EASEMENT FOR STREET AND HIGHWAY PURPOSES DUE TO THE CONSTRUCTION OF PASEO ESPADA (CAPISTRANO INN) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None The City Clerk was directed to record a certified copy of the Resolution. RECESS AND RECONVENE Council recessed at 8:38 P.M. and reconvened at 8:50 P.M. 3. GENERAL PLAN AMENDMENT 81-3B AND REZONE 81-3 (GLENDALE FEDERAL SAVINGS & LOAN ASSOCIATION (46) Proposal: (95) Consideration of interim approval of a General Plan Amendment to change the land use designations on an approximate 5 -acre parcel of land located on the south side of San Juan Creek Road east of the San Juan Hills Golf Course from 3.0 (Neighborhood Convenience Center) to 1.5 (Medium High Density Residential); and, Approval of change in zoning from GM (Growth Management) and IP (Institutional and Public) to PC (Planned Community) for the 1,269 -acre parcel of property located east of the San Diego Freeway and south of San Juan Creek Road. 10/6/81 403 Applicant: Glendale Federal Savings & Loan, 401 North Brand Boulevard, Glendale 91209, attention Richard Rebal. Written Communications: (1) Report dated October 6, 1981, from the Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission at their meeting of August 25, 1981, and the proposed Planned Community Comprehensive Development Plan. (2) Letter dated October 5, 1981, from I. Bruce Spieser of McKenna, Conner & Cuneo, 3435 Wilshire Boulevard, Los Angeles 90010, forwarding a proposed modified Housing Opportunities Program for inclusion in the Comprehensive Development Plan. (3) Letter dated September 27, 1981, from Marianna Callies, 31852 Paseo la Branza, in support of the proposed zone change. Public Hearing: Exhibits were on display and Larry Lawrence, Senior Planner, made an oral presentation. The Director of Community Planning and Development advised that Ralph Casteneda, housing specialist, had been requested to review the proposed Housing Opportunities Program. Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and the following persons responded: (1) Ralph Martin, Richardson, Nagy, Martin, 4611 Teller Avenue, Newport Beach, 92660, representing Glendale Federal, opposed the proposed interim approval of the General Plan Amendment and stated the firm's desire to cooperate. (2) I. Bruce Spieser, Attorney at Law, requested that the modified Housing Opportunities Program submitted by Glendale Federal which refers to "housing opportunity units," be approved and that Article 2.9 of the proposed City Housing Opportunities Program be deleted. There being no further response, Mayor Schwartze declared the Hearing closed. Intent to Approve General Plan Amendment: it was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to indicate the City's intent to approve General Plan Amendment 81-3B and to direct that formal action be scheduled concurrently with final action on the remainder of General Plan Amendment 81-3. Approval of Rezone 81-3: 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 Bland and seconded by Mayor Schwartze that the following ordinance be introduced: -9- 10/6/81 RI / ORDINANCE NO. 437, REZONE 81-3 (GLENDALE FEDERAL PLANNED COMMUNITY) - AN ORDINANCE OF THE CITY SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING OF THE PROPERTY SHOWN ON EXHIBIT 5, ATTACHED HERETO, FROM GM (GROWTH MANAGEMENT) AND IP (INSTITUTIONAL AND PUBLIC) TO PC (PLANNED COMMUNITY) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: Councilman Hausdorfer ABSENT: None Affordable Housing Issue - Referral to Staff: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to direct staff to submit a report within no more than 60 days on the issue of affordable housing for the Glendale Federal property based on a review of the information provided by the housing consultant and the information contained in Mr. Spieser's letter of October 5 and based on continued discussion and negotiation with the applicant's representatives. 4. APPEAL OF CONDITIONAL USE PERMIT 81-4 (CAPISTRANO COMMUNITY CHURCH/SHULLER) (32) Proposal: (39) An appeal of the action taken by the Planning Commission on September 1, 1981, in approving Conditional Use Permit 81-4 which would allow use of the Mission Drive -In Theatre for weekly religious services by the Capistrano Community Church, due to potential traffic impacts on Del Obispo Street. Appellant: City of San Juan Capistrano. Written Communications: (1) Report dated October 6, 1981, from the Director of Community Planning and Development. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and the following persons responded: (1) Bruce Fox, 30372 Benitia, Laguna Niguel, representing the Capistrano Community Church, spoke in support of issuance of the Conditional Use Permit and questioned Condition 6 requiring the planting of two eucalyptus trees at the entrance drive. There being no further response, the Hearing was closed. Discussion: Council Members cited concerns with the use being appropriate, traffic congestion on Del Obispo Street and at Ortega Highway, the existing Fire Department and fast food facilities on Del Obispo Street, the upcoming opening of a major restaurant, and summer -10- 10/6/81 405 beach traffic. Ed Rugel, Traffic Engineer, advised that emptying of the Drive -In area could take from one-half to one hour. The traffic studies were done on September 13, 20, and October 4. Denial of Permit: It was moved by Councilman Hausdorfer and seconded by Councilman Bland to deny the issuance of Conditional Use Permit 81-4, Capistrano Community Church. The motion carried with Councilmen Hausdorfer, Bland, Buchheim, and Mayor Schwartze voting for and Councilman Friess voting against. 5. PREZONE 81-6 (COAST BIBLE CHURCH) (95) Proposal: Approval of a prezoning prior to annexation to IP (Institutional and Public) for an approximate 5.6 -acre parcel of land located on Via Escolar adjacent to the north City limits. The property is developed with a church and accessory buildings. Applicant• Coast Bible Church, 26300 Via Escolar. Written Communications: (1) Report dated October 6, 1981, from the Director of Community Planning and Development advising that a Negative Declaration had been issued and that a recommendation of approval had been made by the Planning Commission on August 25.. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, declared the Hearing'closed. Approval of Prezone: 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 Buchheim that the following ordinance be introduced: NO. 438. PREZONE 81 - la UA%_n) - HN UAU1VaN'_z Ur- Tnz l:1Tr Ur oaa JOHN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP TO INCLUDE THE IP (INSTITUTIONAL AND PUBLIC) ZONING FOR ASSESSOR'S PARCEL NO. 65-011-25 LOCATED ON THE SOUTH SIDE OF VIA ESCOLAR. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None 6. TEMPORARY STREET CLOSURES - CHAMBER OF COMMERCE/KIWANIS CLUB 10-K R[ (29) Proposal: The temporary closure of various streets from 8:00 A.M. to 11:00 A.M. on Saturday, October 24, 1981, for the annual 10-K Run, in conjunction with the Adios a las Golondrinas celebration. -11- 10/6/81 A !. Applicant• San Juan Capistrano Chamber of Commerce and Kiwanis Club. Written Communications: (1) Report dated October 6, 1981, from the Director of Public Works. Councilman Friess stated that he would abstain from discussion as chairman of the event. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, declared the Hearing closed. Approval of Street Closures: It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim to approve the temporary closure of portions of the following streets, as requested: El Camino Real, La Zanja Street, Avenida de la Vista, Oso Road, Del Obispo Street, Via Lorado, Via del Rey, Avenida Descanso, Camino del Avion, and Alipaz Street. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSTAIN: Councilman Friess ABSENT: None Study of 10-K Routes: Staff was directed to 10-K run routes within ORDINANCES 1. AMENDMENT undertake a study of potential the City for future use. ANDARDS (25) Written Communications: (55) (1) Report dated October 6, 1981, from the City Clerk, advising that the Ordinance was regularly introduced at the meeting of September 15, 1981, and was scheduled for adoption. Adoption of Ordinance No. 435: 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 Buchheim, seconded by Councilman Hausdorfer that the following ordinance be adopted: ORDINANCE NO. 435, MOBILHOME PARK DISTRICT REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.408 OF THE MUNICIPAL CODE REGULATING MOBILEHOME PARK DEVELOPMENTS. The motion carried by the following vote: -12- 10/6/81 2. 407 AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None TITLE 9 OF CODE - (55) Written Communications: (1) Report dated October 6, 1981, from the City Clerk, advising that the Ordinance was regularly introduced at the meeting of September 15, 1981, and was scheduled for adoption. Adoption of Ordinance No. 436: The City Attorney read the title of the ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following ordinance be adopted: ORDINANCE NO. 436, PLANNED DEVELOPMENT ZONING DISTRICT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.423.5 TO TITLE 9 OF THE MUNICIPAL CODE ESTABLISHING A PD (PLANNED DEVELOPMENT) ZONING DISTRICT The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. TRAFFIC SIGNAL MAINTENANCE (38) This item was held over for consideration at a later (82) date at the request of the Director of Public Works. 2. AGREEMENT FOR LITTER CLEAN-UP PROGRAM (COUNTY OF ORANGE) (38) Proposal: (45) Approval of an Agreement with the Orange County Probation Department for use of Juvenile Court Work Crews for weekend litter clean-up at a cost of $150 per day, as set forth in the Report dated October 6, 1981, from the Director of Public Works. The Program would be funded from the Maintenance Sanitation budget and would provide trash pickup along Camino Capistrano and in the vicinity of the Mission and Buchheim Field. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the Agreement between the City and County for a one-year period of time with automatic extension provisions. The mayor and City Clerk were authorized to execute the Agreement on behalf of the City. -13- 10/6/81 3. RENEWAL OF AGREEMENT FOR AMBULANCE AND CONVALESCENT TRANSPORT SERVICES (COUNTY OF ORANGE) (38) Proposal• (56) Renewal of the Agreement with the County of Orange for (70) licensing and regulation of ambulance and convalescent transport services, as set forth in the Report dated October 6, 1981, from the Administrative Assistant. The County retains all collected fees in exchange for the services. Approval of Agreement: It was moved by Councilman Bland, seconded by Councilman Buchheim and unanimously carried to approve the Agreement between the City and County effective September 6, 1981, and continuing until terminated by either party. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. CENTRAL BUSINESS DISTRICT AREA A - STATUS REPORT (68) Written Communications: (1) Report dated October 6, 1981, from the Director of Community Planning and Development. Exhibits were on display and Mark Hall, principal of Archiplan, the firm compiling the Land Use and Circulation Study, made an oral status report of the project. A more finalized report will be presented in 30 - 60 days. DIRECTOR OF PUBLIC WORKS 1. HILLSIDE MAINTENANCE PROGRAM STATUS REPORT (68) Written Communications: (1) Report dated October 6, 1981, from the Director of Public Works setting forth proposed requirements and regulations to be incorporated into a proposed code amendment to regulate grading during the rainy season and growth management requirements. There was a consensus of Council to direct staff to proceed with the review and formation of recommendations; the status report was ordered received and filed. 2. OSO ROAD CROSS (83) Written Communications: (1) Report dated October 6, 1981, from the Director of Public Works setting forth the status of the proposed restoration of Oso Road at the Trabuco Creek crossing. There was a concurrence by Council that an additional report be provided for consideration at the meeting of November 3. -14- 10/6/81 COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF SEPTEMBER 22, 1981 (67) The report of actions taken by the Planning Commission at the meeting of September 22, 1981, was ordered received and filed. PARKS AND RECREATION COMMISSION 1. RECREAT ES REPORT - (62) The Quarterly Recreation Programs Report for Summer, 1981, was ordered received and filed. Staff was commended for the program. COUNCIL REMARKS AND COMMITTEE REPORTS 1. PROCLAMATION - ADIOS A LAS GOLONDRINAS (71) Council concurred with the request of Councilman Friess and directed that the City Clerk prepare a Proclamation recognizing the Adios a las Golondrinas celebration October 19 - 25. 2. HELICOPTER OPERATIONS (88) There was a concurrence of Council that the Director of Community Planning and Development investigate the rules and regulations for helicopter operations and present the review and draft ordinance providing for City control over helicopter operations and light aircraft at the meeting of November 3. 3. JUNIPERO SERRA ROAD ALIGNMENT (83) There was a concurrence of Council that a corrected Resolution be prepared for the meeting of November 3, 1981, reflecting the wording set forth in the City Council Minutes of September 15 regarding the alignment of Junipero Serra Road. Resolution No. 81-9-15-1 is to be repealed. 4. VONS MARKET LOADING AREA (72) The letter dated September 24, 1981, from Tom Hribar, 32172 Camino Capistrano, regarding the condition of the loading area at the rear of Vons Market was referred to staff for response. 5. GRADING ORDINANCE (25) The Director of Community Planning and Development was (55) directed to prepare a response for the Mayor's signature to the letter received from Art Lavagnino regarding the City's grading ordinance and policies. 6. CONDITION OF ATHLETIC FIELD (62) Councilman Friess suggested that the athletic field at the intersection of Calle Arroyo and La Novia Avenue be improved with grass. -15- 10/6/81 410 7. SODIUM VAPOR STREET LIGHTS (53) Councilman Bland noted that new sodium vapor street lights had been installed in the Las Brisas development. 8. CABLE TELEVISION SERVICE (43) Mayor Schwartze noted that Storer Cable Television service had been inoperative and also suggested that the cable companies provide public service advertising of the upcoming evacuation siren testing program. CLOSED SESSION Council recessed to Closed Session at 11:30 P.M. for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 12:15 A.M., October 7, 1981. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:15 A.M., October 7, 1981, to the next regular meeting date of Tuesday, October 20, 1981, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, 1 • 9 ATTEST: -16- 10/6/81 411 NOTICE OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA NOTICE IS HEREBY GIVEN that at the Regular Meeting of the City Council of the City of San Juan Capistrano, due to lack of quorum of said Council, the undersigned City Clerk thereupon declared said meeting adjourned to Tuesday, November 3, 1981, at 7:00 O'clock P.M., in the Council Chamber of City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. DATED: October 20, 1981 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) Z01 WE �;� •i y Cle:Ek ss. AFFIDAVIT OF POSTING I, Mary Ann Hanover, City Clerk of the City of San Juan Capistrano, do hereby certify that the above Notice was posted at or near the door of the Council Chamber on Tuesday, November 3, 1981. MARY ANN ��MER, Cit:( Clerk -1- 10/20/81