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79-1017_CC_Minutes_Regular MeetingOCTOBER 17, 1979 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Capistrano, 7:05 P.M., ' Allegiance Hausdorfer. ROLL CALL 72 Meeting of the City Council of the City of San Juan California, was called to order by Mayor Friess at in the City Council Chamber, followed by the Pledge of to the Flag. Invocation was given by Councilman Gary PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem Lawrence F. Buchheim, Councilman Phillip R. Schwartze, Councilman James F. Thorpe, Councilman ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy, Director of Public Works; Larry Lawrence, Senior Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of October 3, 1979: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of October 3, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess ' NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Schwartze that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None PRESENTATIONS 1. PEDESTRIAN SAFETY AWARD (AMERICAN AUTOMOBILE ASSOCIATION) (36) Barbara Merrell, Manager, Laguna Service Office of the Auto Club of Southern California, presented a Pedestrian Safety ' Award to the City in recognition of a 3 -year period of time with no incidences of pedestrian fatality. APPOINTMENT OF UNITED NATIONS DAY CHAIRMAN (POWERS) (89) Mayor Friess read a letter received on October 10, 1979, from J. Emory Ackerman, President of the Coastline Chapter of the United Nations Association, regarding the celebration of United Nations Week during the period October 21-28. -1- 10/17/79 73 With the concurrence of Council, Mayor Friess appointed Ruth Powers, 32032 Paseo de Alessandro, President of the San Juan Capistrano Women's Club, to serve as Chairman for the City, and Ms. Powers accepted the appointment. ORAL COMMUNICATIONS 1. PROPOSED CONSTRUCTION OF VIA ESTELITA (83) Sandy Sanderson, 32092 Via Alicia, addressed the Council in opposition to the proposed construction of Via Estelita (formerly known as Crumrine Road) as an access road in conjunction with the development of Peppertree Bend Road within the Bear Brand Ranch development to the west of the City limits. Mr. Sanderson cited environmental concerns with regard to the road development plans which elevate the inter- section approximately 15 feet, and requested that the road not be constructed at this time but its feasibility addressed following completion of the Bear Brand Ranch development. Mr. L. B. Jones, 26081 Via Estelita, spoke in opposition to extension of the street and suggested that improvements be considered in the future if through access is found to be necessary. 2. MEREDITH CANYON LANDSCAPING (85) Judy Jamroz, 33511 Calle Miramar, President of the Meredith (61) Canyon Association, requested that Council defer release of public improvement bonds to the Meredith Company, and requested City investigation of the settling basin at the end of Via de Agua in order to correct water seepage problems prior to the rainy season. Mrs. Jamroz also requested reconsideration of approval of the construction of Route "E" through the proposed development of Tract 9784. PUBLIC HEARINGS 1. TENTATIVE PARCEL MAP 860 AND ZONE VARIANCE 79-16 (85) Councilman Hausdorfer, the applicant, stepped down from the dais and left the Council Chamber. Proposal: A subdivision of 4.8 acres of land into 2 parcels in the RA (Small Farm) District for property located on the north side of Ortega Highway off Strawberry Lane; and, a request for approval of a zone variance to reduce the minimum lot size from 2.5 to 2.1 acres for one of the parcels. Applicant: Gary L. Hausdorfer, 26851 Calle Canto, San Juan Capistrano. Written Communications: (1) Report dated October 17, 1979, from the Acting Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission on September 25, 1979. (2) Letter dated October 10, 1979, from Roy L. Byrnes, M.D., 28355 Ortega Highway, in opposition to the proposal. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: -2- 10/17/79 74 (1) Elmer Christiansen, civil engineer for the project, made a slide presentation and requested approval of the proposal. (2) Roy Byrnes, 28355 Ortega Highway, urged rejection of the proposal. There being no further response, the Hearing was closed. Councilman Thorpe expressed opposition to findings for approval ' based on the shape of the parcel and the extent of the variance and moved for denial of the proposal; the motion died for lack of a second. 7 2. Approval of Tentative Parcel Map and Zone Variance: It was moved by Councilman Buchheim and seconded by Mayor Friess to adopt the following Resolution: 79-10-17-1, TENTATIVE PARCEL MAP RTAW'V 7Q-1 A (HDTT0-n()RF7:P) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 860 AND ZONE VARIANCE 79-16 (HAUSDORFER) The motion carried by the following vote: AYES: Councilmen Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: Councilman Hausdorfer Councilman Hausdorfer rejoined the meeting and assumed his duties. VA -1 ALLOCATION (28) The Public Hearing on Tract 9786, continued from the meeting of (85) October 3, 1979, and the Public Hearing on Tracts 6305 and 9784 were considered concurrently. Proposal: Adoption of a resolution revising the residential allocation schedule for the years 1979, 1980, 1981, and 1982. Written Communications: (1) Report dated October 3, 1979, from the Director of Community Planning and Development forwarding the request of Mathew Loonin for consideration of reallocation of, building permits for 1980-81 for Tract 9786 (Black Mountain Villas). (2) Report dated October 17, 1979, from Raymundo Becerra, Acting Director of Community Planning and Development forwarding the requests for reconsideration received for the years 1980, 1981 and 1982 from Morris Misbin (Tract 9784) and from Scott Sheridan (Tract 6305, The Hunt Club). Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: -3- 10/17/79 W (2) Marilyn Williams 29931 Camino Capistrano, spoke in support of the revised allocations for Tract 9786 since the initial request was submitted in January. (3) Tim Kruer, representing Black Mountain Villas/Patrick Development, 2643 Fourth Avenue, San Diego 92103, spoke in support of the revised schedule. There being no further response, the Public Hearing was closed. Approval of Revised Allocation Schedule: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 79-10-17-2, RESIDENTIAL ALLOCATION SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A REVISED RESIDENTIAL ALLOCATION SCHEDULE FOR THE YEARS 1979, 1980, 1981, AND 1982 IN ACCORDANCE WITH SECTIONS 5 AND 6 OF ORDINANCE NO. 314 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The revised total allocations, not including Court -stipulated allocations, are as follows: Year Annual Numerical Limit 1979 237 1980 197 1981 114 1982 89 3. TENTATIVE PARCEL MAP 851 (ALPHA BETA/COLLINS DIVERSIFIED) (85) Proposal: A request tor reconsideration of the May 16, 1979, denial of Tentative Parcel Map 851, a division of 5.97 acres of land into 4 parcels for property located on the west side of Camino Capistrano south of the existing San Juan Plaza for the proposed Alpha Beta shopping center. Applicant: Philip Whitener, c/o Collins Diversified, Inc., 270 South Bristol, Suite 201, Costa Mesa. Written Communications: Report dated October 17, 1979, from the Acting Director of Community Planning and Development. Councilman Thorpe noted that conditions were to be included providing for mandatory employee parking in certain areas of the shopping center. Mr. Collins advised that parking require- ments would be included in the CC&R's and enforced by management. Public Hearing: Notice haviiig been given as required by law, Mayor Friess opened the Public Hearing; and, there being no response, the Hearing was closed. -4- 10/17/79 76 Bike Trail Circulation Patterns: Councilman Thorpe suggested that a bike trail should be part of the development; Larry Lawrence, Senior Planner, advised that the bikeway would pass underneath the freeway, Camino Capistrano bridge and the railroad tracks and would not be located on the property under consideration. Councilman Thorpe requested that the integration of bicycle trails into the downtown circulation patterns be included as an item of discussion at the October 24 traffic circulation workshop. Approval of Tentative Parcel Map 851: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-10-17-3, TENTATIVE PARCEL MAP 851, (COLLINS DIVERSIFIED) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 851, THE DIVISION OF 5.97 ACRES INTO FOUR PARCELS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: None Parking Enforcement: There was a consensus of Council that the City Attorney prepare an Agreement with the developer so that the City would have the authority to enforce employee parking requirements on the development property, if shopping center management fails to enforce the provisions of the CC&R's; provisions are to be included for charging the developer if City enforcement is necessary. 4. REVISED TENTATIVE TRACT 10103 AND REZONE 79-4 (85) Proposal: A revision to Tentative Tract 10103 reducing the number of lots from 140 to 123 and a request for Rezone 79-4 to change the zoning for parcels 50-66 from RS (20,000) to RS (16,000) for property located on the easterly side of Rancho Viejo Road between Trabuco Creek and Mission Hills Ranch. Applicant: The Dover Company, 125 West Mision Avenue, Suite 106, Escondido. Written Communications: Report dated October 17, 1979, from the Acting Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission on September 25, 1979. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: (1) Bill Dyer of Dyer -Johnson, 4121 Westerly Place, Suite 201, Newport Beach, presented 2 models of the development indicating the proposed revisions. (2) Tom Hooker, Boyle Engineering, 2098 South Grand Avenue, Santa Ana, 92705, reviewed the tract modifications since acquisition of the property. -5- 10/17/79 71 (3) Charles Davis, representing the landscape architects for Dyer -Johnson. There being no further response, the Public Hearing was closed. Approval of Rezone 79-4: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following ordinance be introduced: ORDINANCE NO. 392, REZONE 79-4 (DOVER/LIVACICH) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, _ CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF PARCELS NOS. 50 THROUGH 66 OF REVISED TENTATIVE TRACT 10103 FROM RS (20,000) TO RS (16,000) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Approval of Revised Tentative Tract 10103: It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following condition be added to the Tract: "After grading, a representative of the Equestrian Commission, the Public Works Department, and the applicant shall walk each designated equestrian trail. After walking said system, the City shall determine if each trail is reasonably usable and passable for all equestrians and may require corrective grading or other work to insure said usability." and that the following Resolution be adopted: RESOLUTION NO. 79-10-17-4, REVISED TENTATIVE TRACT 10103 (DOVER/LIVACICH) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING REVISED TENTATIVE TRACT 10103 (DOVER/LIVACICH) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None (62) Equestrian Trail Standards: (23) There was a consensus of Council that the Equestrian Trail Standards be reviewed to establish criteria in engineering terms with final trail approvals subject to a walk over by the City Engineer and representatives of the Equestrian Commission. -6- 10/17/79 ORDINANCES 1. ADOPTION OF ORDINANCE NO. 391, EXTRACTION OF NATURAL RESOURCES (55) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was regularly intro- duced at the meeting of September 19, and re -introduced at the meeting of October 3. It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Ordinance be adopted: ORDINANCE NO. 391, NATURAL RESOURCE EXTRACTION FEE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REGULATING AND ESTABLISHING THE PERMITS AND FEES REQUIRED FOR THE EXTRACTION OF NATURAL RESOURCES AND SUPPLEMENTING ORDINANCE NO. 26 AND NO. 365 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None RESOLUTIONS 1. EXTRACTION OF NATURAL RESOURCES - FEES (55) Pursuant to Ordinance No. 391, directing that fees be established by Resolution, it was moved by Councilman ' Thorpe and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 79-10-17-5, NATURAL RESOURCE EXTRACTION FEE SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A NATURAL RESOURCE EXTRACTION FEE SCHEDULE FOR THE EXTRACTION OF RESOURCES FROM THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution sets the following fee schedule: NATURAL RESOURCE EXTRACTION FEE SCHEDULE 1. Liquid Resource Extraction Fees A. Well Drilling or Re -drilling ' Permit $400.00 per well B. Well Renewal Permit 100.00 per well C. Business License Tax 150.00 annually D. Production Tax .10 per barrel extracted 2. Gas Resource Extraction Fees A. Well Drilling or Re -drilling Permit B. Well Renewal Permit C. Business License Tax D. Production Tax $400.00 per well 100.00 per well 150.00 annually .32 per 10,000 cubic feet extracted -7- 10/17/79 79 3. Solid Resource Extraction Fees A. Mineral Extraction Permit $400.00 per site B. Business License Tax 150.00 annually C. Mining Tax .075 per ton extracted The effective date of the Resolution is November 16, 1979. 2. EMPLOYEES COMPENSATION PLAN (66) Written Communications: Report dated October 17, 1979, from the City Manager, forwarding a proposed Resolution adopting the Revised Employees Compensation Plan. The item was held over from the October 3rd meeting at the request of the City Manager. In response to Councilman Thorpe, the City Manager advised that the salary schedule had been corrected to eliminate errors. Approval of Revised Compensation Plan: It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-10-17-6, REVISED COMPENSATION PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING THE CITY'S COMPENSATION PLAN The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 3. DESTRUCTION OF MICROFILMED RECORDS (ADMINISTRATIVE SERVICES DEPARTMENT) (31) Proposal: (41) Destruction of certain financial records which have been microfilmed. The film negatives will be stored in the bank safety box for security purposes; the film diazo (copy) will be retained at the City offices. Written Communications: Report dated October 17, 1979, from the City Clerk requesting authorization to destroy the records listed on Exhibit "A" of the Resolution and forwarding the consent of the City Attorney. Adoption of Resolution: It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-10-17-7, PROVIDING FOR THE DESTRUCTION nV r'WDTATM DRrn5nq iAnMTATTQTDATTVR CR1:VTr'6'C T)VT)21RTMFRTI - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK TO DESTROY CERTAIN CITY RECORDS AND DOCUMENTS — PURSUANT TO THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -8- 10/17/79 AD HOC EMPLOYEE RETIREMENT COMMITTEE - FINAL REPORT (23) This item was taken out of order on the Agenda for the benefit of the reporting member of the Committee. Written Communications: Report dated October 17, 1979, from the City Manager forwarding the Final Report of the Retirement System Ad Hoc Committee dated September, 1979. ' Charles Neal, Committee Chairman, addressed the Council in support of the Committee recommendation that the City withdraw from the Orange County Retirement System and establish a City money purchase plan. Mayor Friess thanked Mr. Neal and the members of the Committee on behalf of the City Council. Following discussion of the need for a presentation of the pros and cons of the three alternatives submitted by the Committee, Councilmen Thorpe and Schwartze were named as Council representatives to meet with the members of the Retirement Committee for background review and, subsequently, to meet with the members of the Employees Association. Mr. Neal then referred to a letter dated October 15, 1979, from Robert L. Citron, County Tax Collector -Treasurer, addressed to the Mayor and City Council, and requested a public response to Mr. Citron's commentary. With Council concurrence, Mayor Friess referred the matter to the City Manager for investigation. EXECUTIVE SESSION Council recessed to an Executive Session at 9:30 P.M., and reconvened at 10:32 P.M. CONSENT CALENDAR It was moved by Councilman Schwartze 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 Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated October 17, 1979, Warrants Nos. 17789 through 17910, inclusive, and 1911 Act Account Warrant Nos. 243 and 244, in the total amount of $1,131,015.70, are approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF SEPTEMBER. 30, 1979 (41) The City Treasurer's Report of Investments as of September 30, 1979, is approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF SEPTEMBER 30, 1979 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of September 30, 1979, is approved as submitted. -9- 10/17/79 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF AUGUST 31, 1979 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the two-month period ending August 31, 1979, is approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF OCTOBER 2, 1979 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of October 2, 1979, is ordered received and filed. 6. REPORT OF COMMISSI (23) The Report of Actions taken by the Equestrian Commission at the meetings of October 1 and 8, 1979, is ordered received and filed. 7. REQUEST FOR CERTIFICATES OF USE AND OCCUPANCY (25) Staff is authorized to issue Certificates of Use and (85) Occupancy for Phase II of Tract 9034, as approved by Council on September 5, subsequent to all necessary final inspections. Phase I was released for occupancy on September 5. 8. REQUEST FOR CERTIFICATES OF USE AND OCCUPANCY TRACT 8485 (MAURER) (25) Staff is authorized to issue Certificates of Use and (85) Occupancy for Phase III of Tract 8485, as approved by Council on September 5 subsequent to all necessary final insepctions. Phases I and II were released for occupancy on October 3rd. 9. APPROVAL OF PHASING AND REQUEST FOR CERTIFICATES OF USE AND OCCUPANCY - TRACT 9382 (MAURER) (25) The following phasing, as requested by the developer, is (85) approved for Tract 9382: Phase I - Lots 7-25; Phase II, Lots 26-32. The authority to issue Certificates of Use and Occupancy is granted to staff, as requested by the developer, due to pending increases in mortgage interest rates. Certifi- cates will not be issued until all necessary final inspections are complete. 10. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT INSTALLATION OF DEL OBISPO TRAFFIC SIGNAL, ALIPAZ TO PASEO ADELANTO (ELECTREND, INC.) (82) Written Communications: Report dated October 17, 1979, from the Director of Public Works advising that the work for the traffic signal at Del Obispo from Alipaz to Paseo Adelanto has been completed by Electrend, Inc. The payment status is as follows: Total Construction Cost $66,301.70 Less 10% Retention 6,630.17 Less Previous Payment 26,314.06 Balance Due 33,357.47 Acceptance of Work: The following Resolution is adopted: -10- 10/17/79 RESOLUTION NO. 79-10-17-8, COMPLETION OF TRAFFIC SIGNAL ON DEL OBISPO FROM ALIPAZ TO PASEO ADELANTO - 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 TRAFFIC SIGNAL ON DEL OBISPO FROM ALIPAZ TO PASEO ADELANTO The Resolution accepts the work and directs the City Clerk to forward the Notice of Completion to the County Recorder within ' 10 days; payment is authorized to Electrend in the amount of $33,357.47; payment of the 10% retention is authorized 35 days after recordation of the Notice of Completion. 11. APPROVAL OF FINAL MAP 853 (HOBBS) (85) Final Parcel Map 853 is approved with the determination that the Map is consistent with the General Plan of the City and in substantial compliance with the approved tentative map. The Subdivision Agreement is approved and the Mayor and City Clerk are authorized to sign the agreement on behalf of the City; the City Clerk is directed to record the Agreement in the Office of the Orange County Recorder. EXTENSION OF TIME, CHANGE ORDER NO. 1 - GUACATE ROAD STREET IMPROVEMENTS, h169tal (83) It was moved by Councilman Schwartze, seconded by Councilman (44) Hausdorfer and unanimously carried to grant a 120 -day extension of time to February 14, 1980, for the completion of street improvements at Del Obispo and Aguacate Road, AHFP 883, due to delay in delivery of concrete pipe supplies. REQUEST FOR RELEASE OF PUBLIC IMPROVEMENT BONDS, TRACTS 8319 AND 8087 (MEREDITH CANYON) (85) There was a consensus of Council that this item be held over to the meeting of November 7, 1979, for receipt of a report from the City Manager setting forth the costs to the City of review and reporting since inception of the landscaping and slope problems. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY - TRACT 9284 (KING) (85) Written Communications: Report dated October 17, 1979, from the Director of Public Works, advising that the public improvements for Tract 9284 have been completed and requesting release of surety. Acceptance of Work: It was moved by Councilman Buchheim and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 79-10-17-9, COMPLETION OF PUBLIC IMPROVEMENTS - TRACT 9284 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFI- CATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 9284 The motion carried by the following vote: AYES: NOES: ABSENT: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess None None -11- 10/17/79 The Resolution accepts the public improvements and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Release of Surety: The following surety from the Bank of Nova Scotia is released upon 35 days from recording of the Notice of Completion: Surety Amount Labor & Material (public) Letter of Credit #10/121/81695 $236,400 The following surety from the Bank of Nova Scotia is extended to October 17, 1980, at which time staff is authorized to implement release: Surety Amount Faithful Performance (public) Letter of Credit #10/120/81695 $184,000 ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. MEREDITH CANYON TRACTS 8319 AND 8087 - LANDSCAPING STATUS REPORT (85) With Council concurrence, Mayor Friess directed that the Status Report dated October 17, 1979, from the Acting Director of Community Planning and Development be received and filed. 2. AMENDMENT TO LAND USE CODE DEFINITION OF LOT AREA (55) Written Communications: Report dated October 17, 1979, from the Director of Community Planning and Development forwarding the recommendation made by the Planning Commission on September 25 that the definition of "lot area" contained in the Appendix to the Land Use Management Code be amended to read as follows: "Lot Area: The total area (measured in a horizontal plane) included within the boundary lines of a lot - minus any area taken up by surface easements over the lot, such as for equestrian trails, streets, bikeways, open channel storm drains, etc." Approval of Amended Definition: It was moved by Mayor Friess and seconded by Councilman Schwartze that the following Resolution be adopted: 79-10-17-10, AMENDMENT TO DEFINITIONS TITO ?q I - A PVV0T.T7TT0TT nP THF rTTV COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE ORDINANCE NO. 293 DEFINITION FOR "LOT AREA" The motion carried by the following vote: AYES: Councilmen Schwartze, Thorpe and Mayor Friess NOES: Councilmen Hausdorfer and Buchheim ABSENT: None Larry Lawrence advised that the new definition would apply to all new applications submitted for rezoning. -12- 10/17/79 3. ALTERNATIVES CORRECTING DRAINAGE PROBLEMS - (80) Council was advised that the applicant has requested continuation of this item, and it was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to continue con- sideration of the report to the meeting of November 7, 1979. DIRECTOR OF PUBLIC WORKS 1. PROPOSED CONSTRUCTION OF VIA ESTELITA ACCESS ROAD TO BEAR BRAND RANCH (83) Written Communications: (85) Report dated October 17, 1979, from the Director of Public Works on the status of meetings held with representatives of the Bear Brand Ranch Company and owners of property adjoining Via Estelita, one of the three roads conceptually approved by the City Council on February 1, 1978, as access to the Bear Brand development. Councilman Thorpe questioned the information contained in the third paragraph of the report which states that the development plans for Bear Brand Ranch would elevate the proposed intersection of Pepper Tree Bend Road and Via Estelita by several feet. The Director of Public Works advised that the grading plans were approved by the County of Orange. Mayor Friess asked for public comment, and the following persons responded: (1) Dick Spaulding, 31611 Sacarama Lane, spoke in opposition to the construction of Via Estelita as proposed, cited lack of representation on the Study Committee and advised that his property on Via Estelita would face a 13 - to 15 -foot -high berm according to the grading plans. (2) Bruce Patterson, 31471 Aguacate Lane, advised that his property is to be assessed $6,500 and stated that the proposed assessment district for street improvements should include land owners in Sun Ranch as an area of benefit. (3) Bob Hill, President of Bear Brand Ranch Company, advised that they had agreed to annex the property to the City and that they would pay their fair share of the cost of road construction. Public Hearing Date: With Council concurrence, Mayor Friess directed that a Public Hearing be scheduled for the meeting of November 7, 1979, for receipt of public input and that the Bear Brand Ranch Access Committee be advised of the Hearing. 2. HEAD START PROGRAM - REVISION TO AGREEMENT (38) Written Communications: Report dated October 17, 1979, from the Director of Public Works setting forth the status of site preparation and advising that the Orange County Director of the Head Start Program requests that the City conceptually approve a revision to the agreement to provide for a 5 -year lease with 2 -year renewal options in order to qualify for Federal funds. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that consideration will be given to extension of the agreement at the end of the 2 -year lease period. There was a consensus of Council that letters be sent to Congressional representatives setting forth the problems encountered by the City in attempting to assist the Program by granting temporary use on City property. -13- 10/17/79 3. DEL AVION STORM DRAIN STATUS REPORT (80) Written Communications: Report dated October 17, 1979, from the Director of Public Works setting forth the status of construction of Phase I of the Del Avion Storm Drain. With Council concurrence, Mayor Friess ordered the report received and filed. 4. DRAINAGE CONDITION, TRACT 8593, 8594, AND 76 (80) Written Communications: (85) Report dated October 17, 1979, from the Director of Public (25) Works in response to the letter dated September 28, 1979, from Coleen and Art White, 33052 Commodore Court, requesting City assistance with drainage problems at their property in Mariner Village. Mr. Murphy advised that there are several areas of ponding water in the development. The following persons addressed the Council: (1) Ken Bethmann, President of the Homeowners Association, 33036 Dolphin Court, advised that efforts over the past 2 years to resolve the drainage condition with representatives of Westport Development are at an impasse and City assistance is requested. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze to deny release of Certificates of Use and Occupancy to Home Design Center until the problems are resolved to the satisfaction of all involved; the motion was subsequently withdrawn. — (2) Lillian Morgan, Corporate Secretary for Home Design Center stated that Westport Development constructed Phase 1 of Tract 8593, that Home Design purchased Phases 2 and 3 of Tracts 8594 and 7616; Home Design constructed Phase 3; their company has no connection with Westport Development; their buyers should not be penalized for unresolved problems with Westport. (3) Bill Hahn, homebuyer, advised that his escrow is to close on October 19, and cited financing problems if the escrow is extended beyond that date. (4) Andrew Cara, 33105 Half Moon Court, stated that the area around his home is constantly wet and he has received no response to complaints. (5) Sara Wallach, 33115 Half Moon Court, stated that her home is in the second phase built by Home Design and that there has been no response to complaints of standing water, as indicated in photographs. (6) Bonnie Davis, Buccaneer Court, advised that her loan is guaranteed only to November 1. The Director of Public Works advised that grading bonds for the development were released by the County. Councilman Schwartze concurred that a report be submitted setting forth responsible parties, problem areas and status of bonding, but consideration should be given to the financing problems of homebuyers. (7) Arthur Flint, 33031 Driftwood Court, geologist, stated that the problem is a result of grading and adobe soil, and requested that he be a participant in inspection of the area. -14- 10/17/79 M Mayor Friess requested that Councilman Buchheim serve as Council liaison in review of the area. (8) Tom Seline, employee of Home Design Center, advised that all of the units are sold and cited difficulties in projecting occupancy dates. The Director of Public Works advised that there are approximately 20 Certificates of Occupancy being requested in Phase 2 of the development; 43 Certificates would remain for future issuance. Conditional Release of Occupancy Permits: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to release the 20 Certifi- cates of Use and Occupancy contingent upon a requirement that bonds be posted to the satisfaction of the Director of Public Works for correction of the drainage conditions by the responsible developer. 5. APPROVAL OF CAL SERVICE, (HOFFMAN STABLE (39) Written Communications: (90) Report dated October 17, 1979, from the Director of Public Works. Approval of Waiver of Utility Undergrounding Requirement: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the use of two overhead electrical services for the Hoffman equestrian facility on San Juan Creek Road. 6. INSTALLATION OF 69KV OVERHEAD TRANSMISSION FACILITY ' (85) Written Communications: (90) Report dated October 17, 1979, from the Director of Public Works requesting review of the installation of the 69KV electrical transmission facility in front of Tract 7654, which includes relocation of the existing transmission line from the backyards of lots contiguous to La Novia to an overhead easement adjacent to and parallel to La Novia Avenue. The project design requires the removal of the most westerly eucalyptus tree at the entrance to Tract 7654. Tim Kruer, tract developer, advised that Patrick Development has offered to replace the eucalyptus tree with a 30 -foot ficus. Implementation of Design: It was moved by Mayor Friess, seconded by Councilman Schwartze and unanimously carried to direct staff to implement the design, as proposed, with the 69KV overhead line parallel to and adjacent to La Novia Avenue, which includes the removal of the existing eucalyptus tree. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF OCTOBER 9, 1979 (67) It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried that the Report of Actions taken by the Planning Commission at their meeting of October 9, 1979, be received and filed. -15- 10/17/79 67 TRAFFIC AND TRANSPORTATION COMMISSION 1. THREE-WAY STOP SIGN - CALLE ARROYO AT SUNDANCE DRIVE (82) Written Communications: Report dated October 17, 1979, from George Alvarez, Commission Secretary. Approval of Stop Sign Installation: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the installation — of a three-way stop sign at Calle Arroyo and Sundance Drive due to visibility at the intersection. The City Engineer is authorized to post the signs. MOBILE HOME PARK REVIEW BOARD 1. AMENDMENT TO ORDINANCE NO. 380 - NOTIFICATION OF SALE (55) Written Communications: (23) Report dated October 17, 1979, from the City Attorney forwarding a proposed amendment to Ordinance No. 380 to provide for notification of intent to sell by both mobile home park owners and individual mobile home owners, as recommended by the Review Board on October 2, 1979. Introduction of Ordinance No. 393: 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 and seconded by Councilman Schwartze that the following Ordinance be introduced: ORDINANCE NO. 393, AMENDMENT TO ORDINANCE NO. 380 - ESTABLISHING A MOBILE HOME PARK REVIEW BOARD - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 380 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None COUNCIL REMARKS 1. TRASH COLLECTION (45) Councilman Buchheim noted that Solag Disposal Company trucks have been operating without load covers. 2. TRAFFIC - JUNIPERO SERRA ROAD (87) Councilman Buchheim suggested that the traffic conditions at Junipero Serra Road be referred to the Traffic and Transportation Commission. Councilman Thorpe suggested that staff communicate with the County regarding the condition of bike trails due to heavy trucks in the vicinity of Buffy's Restaurant. Mr. Thorpe also suggested that funds could be expended for improvement to the angle of the turn at Junipero Serra Road. 3. GRAFFITI (32) Councilman Buchheim noted that graffiti has been painted on walls and suggested that a reward system be implemented for reporting of such incidents. -16- 10/17/79 L.. 4. TRAFFIC - CAPISTRANO INDUSTRIAL PARK (87) Councilman Buchheim noted that parked semi -trucks are obstructing traffic in the Capistrano Industrial Park area. 5. SPHERE OF INFLUENCE - REVIEW OF POSSIBLE EXPANDED AREA (21) Councilman Thorpe commented on a memorandum dated October 16, 1979, from the Assistant to the City Manager regarding the Local Agency Formation Commission intent to update the spheres of influence of Orange County cities. Meeting with Rancho Mission Vie There was a consensus or uouncrl L Mission Viejo be invited to attend 1979, for a general discussion and 6. CAMINO CAPISTRANO IMPROVEMENTS epresentatives: at representatives of Rancho the meeting of November 21, review of future plans. (83) Councilman Thorpe suggested that staff monitor the area of Camino Capistrano during the period of construction since signs and temporary cones are knocked over and inhibiting traffic. 7. STORER CABLE TELEVISION SERVICE (43) Councilman Schwartze noted for the record that residential service was out on October 14th in the area of Via Cordova. 8. RECREATION FACILITIES (62) Councilman Hausdorfer noted that the City has no evening (72) programs due to lack of lighted recreation areas. Mr. Hausdorfer also noted receipt of a letter from Mrs. Bob Serrao, 31101 Calle del Campo signed by nine residents of the area indicating an interest in having play equipment installed on the southwest corner of C. Russell Cook Park. 9. TRASH CLEAN-UP PROGRAM (45) Mayor Friess requested that an Agenda item be prepared for the meeting of November 7 on a City-wide residential trash clean-up program for pickup of large items; the report is to include proposed dates and costs. 10. LOS CORRALES TRACT 7654 - SLOPE CONDITIONS (85) Mayor Friess requested that the Planning Department investigate the condition of slopes in the Los Corrales tract. 11. COLINAS DE CAPISTRANO PROJECT - APPEAL OF ORANGE COUNTY PLANNING COMMISSION APPROVAL (56) Mayor Friess noted receipt of a memorandum dated October 17, 1979, from Raymundo Becerra, Acting Director of Community Planning and Development, regarding the Colinas de Capistrano, a 2,280 -acre project located west of the City limits. The Orange County Planning Commission approved the feature plan showing grading and building on the major ridgeline at its ' October 15th meeting, although the City had formally requested a continuance to provide adequate time for review. Mayor Friess noted that the City has 10 days to appeal the County Planning Commission action. Appeal of County Planning Commission Action: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried that the City file an appeal with the Orange County Board of Supervisors on the Planning Commission approval of the feature plan for the Colinas de Capistrano project. -17- 10/17/79 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:40 P.M., Thursday, October 18, 1979, to the next meeting date of Wednesday, October 24, 1979, at 4:00 P.M., in the City Council Chamber. ATTEST: ENNETH E. IRI S, MAYOR Respectfully submitted, i 7 MARY ANN'CITY CLERK c -18- 10/17/79