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79-1219_CC_Minutes_Regular MeetingDECEMBER 19, 1979 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 Friess at 7:08 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Gary L. Hausdorfer, Mayor pro tem. ROLL CALL 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; 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; Larry Lawrence, Senior Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Adjourned Regular Meeting of November 28, 1979: It was moved by Councilman Schwartze, seconded by Councilman Thorpe that the Minutes of the Adjourned Regular Meeting of November 28, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, and Mayor Friess NOES: None ABSTAIN: Councilman Buchheim ABSENT: None Regular Meeting of December 5, 1979: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the Minutes of the Regular Meeting of December 5, 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 Adjourned Regular Meeting of December 12, 1979: It was moved by Councilman Schwartze, seconded by Councilman Thorpe that the Minutes of the Adjourned Regular Meeting of December 12, 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 oc 12/19/79 MOTION TO READ BY TITLE ONLY It was moved by Councilman Thorpe, seconded by Councilman Buchheim 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 AND COMMENDATIONS 1. ORANGE COUNTY HOUSING AUTHORITY REPRESENTATIVE (JESSICA DEAN) (36) Acceptance of Resignation: (56) It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to accept the resignation submitted by Jessica Dean effective November 1, 1979. Commendation: Mayor Friess read the commendation in full, and it was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 79-12-19-1, COMMENDING JESSICA D. DEAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING JESSICA D. DEAN, REPRESENTATIVE TO THE ORANGE COUNTY HOUSING AUTHORITY ADVISORY COMMITTEE The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 2. TRAFFIC AND TRANSPORTATION COMMISSION MEMBER (SHARON NEELY) (36) Acceptance of Resignation: (23) It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to accept the resignation submitted by Sharon Neely effective November 15, 1979. Commendation: Mayor Friess read the commendation in full, and it was moved _ by Councilman Schwartze and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 79-12-19-2, COMMENDING SHARON NEELY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING SHARON NEELY, MEMBER OF THE TRAFFIC AND TRANSPORTATION COMMISSION The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -2- 12/19/79 15n ORAL COMMUNICATIONS 1. PERSONNEL - LAND USE COORDINATOR (GARY MITCHELL) (66) Gary Mitchell, Land Use Coordinator, who had submitted his resignation effective December 21, 1979, expressed his appreciation for Council support of employees. Mayor Friess extended best wishes and expressed Council appreciation for Mr. Mitchell's service on behalf of the City. DENSITY ALLOCATIONS - THE RANCH PLANNED COMMUNITY (28) This item was taken out of order for the benefit of Mrs. Williams. (72) Written Communications: Report dated December 19, 1979, from the Director of Community Planning and Development, responding to the questions raised in a letter dated November 20, 1979, from Marilyn C. Williams. Mayor Friess noted concern that there may be a semantic misunderstanding with regard to the phrase "transfer of development rights" and clarified that in this City there is no transfer from one property owner to another property owner but the creation of an "open space easement" within the same property. Mrs. Williams suggested that the contract be re- written to state clearly that the transfer is within the same property. General discussion ensued. Councilman Thorpe requested that Planning and legal staff clarify the use of terms and alternatives available to the City in various situations such as the open space in Cook Park, open space dedication in the Glendale Federal property, etc. Mr. Thorpe suggested that a project be implemented to categorize all City -owned properties and the rights inherent in each, with the questions of City liability and changes in property use researched among other cities. Mayor Friess requested specific answers to Mrs. Williams' questions as they relate to the entire concept of development rights with explanations of terminology such as development rights transfer, dedication of development rights, etc. Mrs. Williams requested review of tax implications if development rights are transferred to the City; i.e., Would property be devaluated for taxing purposes? Would school district future planning be affected by lower land values? Can transfer of development rights be administered by a title company? Councilman Thorpe noted he would support consultant legal services for research purposes. Preparation of Basis for Policy: The City Attorney advised that it would be necessary to establish a program relating to development rights which would serve as City policy. There was a concurrence of Council that staff report during February with background information, alternatives and options available with a review of prior actions regarding open space and development rights, the report to focus on providing the Council with sufficient information to make policy decisions on a broad category of situations. George Riley, developer of The development rights on the open that development rights are not case. WRITTEN COMMUNICATIONS 1. REQUEST FOR APPROVAL OF Ranch, advised that there are no space within his property and an issue in his particular ES (23) Council received copies of a letter dated December 5, 1979, (90) from Forrest Dunivin, requesting approval of the installation of overhead electrical lines at 31771 Los Rios Street, since -3- 12/19/79 151 the use of the property as a vehicle storage yard is temporary. Mr. Dunivin addressed the Council and in response to Councilman Thorpe advised that a utility pole would be placed behind the existing fence and that the meter would be on a pedestal inside the fence line. Mr. Thorpe recommended that the request be reviewed by the Cultural Heritage Commission. Conditional Approval of Overhead Utility Line: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the request for installation of overhead electrical lines, subject to the review and approval of the Director of Public Works and con- currence of the Chairmen of the Cultural Heritage Commission and Los Rios Review Committee. Mr. Dunivin stated that the City is not obligated to reimburse him for any costs or expenses in connection with the property. PUBLIC HEARINGS 1. GROWTH MANAGEMENT 79-2 AND 79-3 - RESIDENTIAL CONCEPT PLANS FOR PARCELS 1 THROUGH 4 AND REZONE 79-3 (THE RANCH) (28) Councilman Buchheim left the dais due to a possible conflict (46) of interest. Proposal: A review, pursuant to Growth Management Ordinance No. 314, of the recommendations of the Planning Commission with regard to residential concept plans for portions of The Ranch Planned Community, as follows: GM 79-2, Custom Farmhouse Parcels 1-3 (21 custom lots on 10 acres of land for future sale to individual owners); and, GM 79-3, Parcel 4, Helicopter Hill (29 small single- family and townhouse dwelling units on 18 acres of land). Applicant: The Ranch of San Juan Capistrano, P.O. Box 695, San Juan Capistrano. Written Communications: (1) Report dated December 19, 1979, from the Director of Community Planning and Development, forwarding the recommendations of the Planning Commission and staff findings. (2) Letter dated December 6, 1979, from George W. Riley, 23011 Moulton Parkway, Suite A-16, Laguna Hills, 92653, requesting review of several aspects of the development. _ Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: (1) Diana Gardner, 30231 Silver Spur Road, appeared on behalf of Bill Gardner, Chairman of the Committee for the Protection of Our Ridgelines, and advised that the Committee supports the Commission and staff recommendations, including the recommendation that a condition be added requiring the Helicopter Hill concept plan be amended to eliminate silhouetting of dwelling units above the ridgeline as viewed from the downtown valley floor. -4- 12/19/79 152 (2) Robert Braunsweiger, Director of Planning for Albert C. Martin and Associates, supported the findings of the Commission and staff with the exception of the condition relating to the placement of four dwelling units on Helicopter Hill, and requested that those four units be exempted from ridgeline protection provisions since a significant grove of trees would be planted which would become the ridgeline. (3) George Riley, 23011 Moulton Parkway, Laguna Hills, property owner, spoke in support of the placement of the units on Helicopter Hill and cited the location of an existing residence. A model of the proposed develop- ment was presented for Council review. There being no further response, Mayor Friess closed the Public Hearing with the right to re -open at any time. Council reviewed the items contained in Mr. Riley's December 6 letter and discussion of the placement of the four units on Helicopter Hill ensued; a motion by Councilman Hausdorfer, seconded by Councilman Schwartze to conditionally approve the units failed in a tie vote with Councilman Thorpe and Mayor Friess voting against and Councilman Buchheim absent. With regard to a rezoning of the Malaspina triangle from RA for a family restaurant, there was a consensus that Council would be open to discussion of possible uses; the Senior Planner advised that the property is outside of the Planned Community under consideration. Mr. Riley requested that the item relating to completion of the supplemental Environmental Impact Report be removed from consideration. With regard to the deletion of the equestrian trail due to the trail dedication on adjacent property, Mayor Friess advised that prior discussion centered on a meandering of the trail between the two properties. Approval of Residential Concept Plans, Parcels 1-4: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 79-12-19-3, THE RANCH RESIDENTIAL CONCEPT PLANS: PARCELS 1-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING RESIDENTIAL CONCEPT PLANS FOR PARCELS 1 THROUGH 4 OF THE RANCH PLANNED COMMUNITY The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, and Mayor Friess NOES: None ABSENT: Councilman Buchheim The Resolution approves the following: (1) Amendment of the Comprehensive Development Plan to provide for: (a) changing the maximum number of dwelling units in Parcel 3 from 4 to 6 dwelling units; in Parcel 4 from 35 to 29 dwelling units; and, in Parcel 1 from 10 to 9 dwelling units; and, (b) City discretion in permitting accessory structures up to 10 feet above main residential buildings in Farmhouse and Country Cottage Districts. (2) Adoption of growth management point ratings of 66 for Parcels 1-3 and 64 for Parcel 4. (3) Approval of the residential concept plans subject to conditions in the resolution. -5- 12/19/79 153 (55)Approval of Rezone 79-3: (95) Council received copies of a report dated December 19, 1979, from the Director of Community Planning and Development, advising that pursuant to Council action on August 15, 1979, the agreement had been signed which provides for designation of Area 16 as an agricultural area and the parcel map for Division of Land 78-3 had been recorded. 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 Thorpe that the following Ordinance be adopted: ORDINANCE NO. 396, REZONE 79-3/COMPREHENSIVE DEVELOPMENT PLAN 79-1 - 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 PARCEL 1 OF DIVISION OF LAND 78-3 FROM AG TO PC (COMPREHENSIVE DEVELOPMENT PLAN 79-1) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, and Mayor Friess NOES: None ABSENT: Councilman Buchheim Councilman Buchheim returned to the dais and assumed his duties. 2. TENTATIVE PARCEL MAP 79-856 (REVISED) (ORTEGA PROPERTIES) (85) Proposal: A subdivision of the existing parcel for the purpose of realigning parcel boundaries to be consistent with the approved area plans and proposed development plans known as Architectural Control Nos. 79-16 and 79-17, which will establish the legal descriptions of land for bonding of improvements within Assessment District 78-3. Applicant: Ortega Properties, 2915 Redhill, F-200, Costa Mesa, 92627. Written Communications: Report dated December 19, 1979, from the Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission on November 27, 1979. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing; and, there being no response, declared the - Hearing closed. Amendment to Condition 12: Council requested clarification of Condition 12 of the proposed Resolution; Jon Pugh, representing the developer, verified that the intent of the Condition is that landscaping and irrigation will not only be approved, but also installed. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried that Condition 12 be amended to read as follows: "Landscape and irrigation plans for Lot 'G' shall be approved by the Planning Commission prior to issuance of any building permits for Lots Nos 28 through 46; the developer shall be responsible for the construction of park improvements, completion of which shall be concurrent with the issuance of the first occupancy permit." -6- 12/19/79 154 Approval of Revised Tentative Parcel Map 856: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted as amended above: RESOLUTION NO. 79-12-19-4, REVISED TENTATIVE PARCEL MAP 856 (ORTEGA PROPERTIES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 856, A PROPOSAL TO SUBDIVIDE 69+ ACRES OF LAND INTO 46 NUMBERED LOTS AND 8 LETTERED LOTS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. AGREEMENT FOR USE OF REVENUE SHARING FUNDS - RENOVATION OF HARRISON HOUSE (23) Written Communications: (41) Report dated December 19, 1979, from the Director of Public works forwarding a proposed Agreement with the County of Orange for the use of revenue sharing funds in the amount of $10,000 for renovation of the Harrison House, 27832 Ortega Highway, as an office and cultural center for the Capistrano Indian Council. Approval of Agreement: ' It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the Agreement between the City and the County of Orange for the renovation of the Harrison House and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 2. AGREEMENT FOR CONSULTANT SERVICES (HAVAC AVIATI (37) The City Manager provided Council with copies of a proposed (88) Agreement with HAVAC Aviation, as directed by Council on November 28th. Approval of Consultant Services: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to retain the firm of HAVAC Aviation Associates, Don Hanna, representative, 30161 Branding Iron, San Juan Capistrano, to act as the City's official consultant and liaison on general aviation airport matters in the South County region, the proposal to be acceptable to and signed by the City Manager. Councilman Thorpe suggested that monthly status reports be presented on the Council Agenda and that Mr. Hanna should be officially designated as the City's representative, with ' the County advised that communications may be sent directly to Mr. Hanna. RECESS AND RECONVENE Council recessed at 9:00 P.M., and reconvened at 9:08 P.M. -7- 12/19/79 155 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 Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated December 19, 1979, Warrants Nos. 18264 through 18374, inclusive, and 1911 Act Account Warrant Nos. 245, 246 and 247, in the total amount of $152,268.19, is approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF NOVEMBER 30. 1979 (41) The City Treasurer's Report of Investments as of November 30, 1979, is approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF NOVEMBER 30, 1979 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of November 30, 1979, is approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF OCTOBER 31, 1979 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the 4 -month period ending October 31, 1979, is approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF DECEMBER 4, 1979 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of December 4, 1979, is ordered received and filed. 3 10MAX"0a 1.1 EASEMENT AND (85) Pursuant to the recommendation of the Equestrian Commission (73) that the trail alignment in Tract 9382 be modified, the easement — from Belford Terrace is accepted, and the quitclaim to Belford Terrace is approved. 7. APPROVAL OF FINAL MAP, TRACT 10283 (LANDOLF (85) The Final Map for Tract 10382 is approved with the determination that the map is in substantial compliance with the approved tentative map; all conditions of approval have been met. The Mayor and City Clerk are authorized to sign the Subdivision Agreement and the City Clerk is to forward the Agreement to the Orange County Recorder. 8. AWARD OF CONTRACT - PROPERTY APPRAISAL, MULTI -MODAL TERMINAL (CHARLES FOX) (88) Pursuant to State requirements for Senate Bill 620 Grant Funds, the bid for appraisal of the multi -modal terminal area is -8- 12/19/79 156 awarded to Charles Fox, of Tustin, in an amount not to exceed $2,500. The Mayor and City Clerk are authorized to execute the contract on behalf of the City. 9. ACCEPTANCE OF EASEMENT DEED (HOME FEDERAL SAVINGS AND LOAN) (73) The Easement Deed from Home Federal Savings and Loan for a (83) 10 -foot strip of land at the northeast corner of Del Obispo (68) and Camino Capistrano is accepted and the City Clerk authorized ' to record the document. The Deed, a condition of development, grants the City right-of-way for a right turn lane on Del Obispo at Camino Capistrano. . 10. ACCEPTANCE OF ALLEY DEDICATION, TRACT 7194 ADJACENT TO LOT 5 (CAPISTRANO VILLAS) (85) This item was held over to the Council meeting of January 9, (73) 1980, for receipt of a Resolution from the Homeowners Association, at the request of the Director of Public Works. SELECTION OF ARCHITECT FOR MONTANEZ ADOBE (PAGE) (23) Written Communications: (38) Report dated December 19, 1979, from the Director of Public Works regarding proposals received for the preparation of plans and specifications for the restoration of the Montanez Adobe. Mr. Murphy advised that Cultural Heritage Commission Members had subsequently been polled and concurred with the selection of Charles Hall Page. Award of Proposal: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to employ Charles Hall Page ' and Associates of San Francisco to prepare plans and specifications for the restoration of the Montanez Adobe in the amount of $9,560, and to authorize the Mayor and City Clerk to execute the contract on behalf of the City. APPROVAL OF FINAL PARCEL MAP 856 (ORTEGA PROPERTIES) (85) Written Communications: Report dated December 19, 1979, from the Director of Public Works. Approval of Final Map: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to approve Final Parcel Map 856 with the determination that the Map is consistent with the General Plan and in substantial compliance with the approved Tentative Map; the Mayor and City Clerk are authorized to sign the Subdivision Agreement and the Agreement Relating to the Installation of Public Improvements following review of the financial performance surety by the City Engineer. PRELIMINARY REPORT, DRAINAGE AND EROSION INVESTIGATION (FORSTER CANYON REFUSE STATION NO. 17) (CH2M HILL) ' (80) Written Communications: Report dated December 19, 1979, from the Director of Public Works. Following clarification, it was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to receive and file the preliminary report prepared for the County of Orange by CH2M Hill, engineers, and advising of needed actions to insure that the Forster Canyon Refuse site would be able to withstand a 100 -year flood situation without undulation or washout of waste material. -9- 12/19/79 15"7 FOR APPROVAL OF OVERHEAD UTILITI 1••• • (90) Written Communications: Report dated December 19, 1979, from the Director of Public Works, advising that Gary Clampitt, owner of property located at 31407 E1 Horno Street, has requested that the requirement to underground electrical facilities be postponed, due to difficulties in obtaining necessary easements. Approval of Request: It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to approve the request to install overhead electrical service and to waive the requirement for posting of financial surety. - ADMINISTRATIVE ITEMS CITY MANAGER 1. STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, 1977 GENERAL PLAN HOUSING ELEMENT GUIDELINES (46) Written Communications: (1) Report dated December 19, 1979, from the City Manager, advising that the State Department of Housing and Community Development, by letter of December 5, 1979, notified the City that in the Department's opinion the City's 1974 General Plan Housing Element does not conform with Government Code Section 65302(c) and subsequent regulations, and that the City must apply for a deadline extension for the purpose of preparing a new Housing Element in conformance with the 1977 State Housing Element Guidelines. It is the City's position, and that of the League of California Cities, that the new Guidelines are advisory only. (2) Memorandum dated November 13, 1979, from the League of California Cities, forwarding a League Resolution determining that the Guidelines are advisory. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to direct staff to meet with representatives of the State Department of Housing and Community Development to review the City's 1974 General Plan Housing Element for compliance with mandatory State law and to report back to Council with the findings of the review. CITY CLERK 1. AFFIRMATION OF LOCAL APPOINTIVE LISTS FOR COMMISSIONS, BOARDS AND COMMITTEES (23) Written Communications: (1) Report dated December 19, 1979, from the City Clerk, forwarding the list of all Commission, Board and Committee appointive terms which expire during the 1980 calendar year and the list of appointees who serve at the pleasure of the City Council, pursuant to Government Code Section 54974. Affirmation of Appointive Lists: It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to affirm the lists of Commissions, Boards, and Committees and to concur with the posting of Vacancy Notices at the three official posting places in the City, as well as in the Office of the City Clerk. Traffic Commissioner Sharon Neely's name will be removed from the list due to the acceptance of her resignation earlier in the meeting. -10- 12/19/79 158 Term Expiration Date: The City Clerk suggested that Council may wish to reconsider the general term expiration date of April 30, since the election date for general law cities was recently changed from March to April by State law. Council directed that the item be scheduled for consideration. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT ON MEREDITH CANYON LANDSCAPING - ' TRACTS 8087 AND 8319 (85) Written Communications: (1) Report dated December 19, 1979, from the Director of Community Planning and Development on the status of Meredith Canyon landscaping corrections. With the concurrence of Council, Mayor Friess directed that the report be received and filed. (2) Mayor Friess cited the letter dated December 10, 1979, from William Jovanovic, regarding a direction from the Board of Directors of the Meredith Canyon Community Association that certain trees are to be removed at 33452 Via de Agua. With the concurrence of Council, Mayor Friess directed that staff reply and advise Mr. Jovanovic of tree removal permit requirements, with a copy of the letter to be sent to the Homeowners Association. VARIANCE CODE AMENDMENT SURVEY - LAND USE MANAGEMENT CODE (55) Written Communications: Memorandum dated December 13, 1979, from the Director of Community Planning and Development, advising that the ' report will be completed and scheduled for future Council consideration. 3. PERSONNEL - AUTHORIZATION TO CONTRACT FOR CONSULTANT PLANNING SERVICES (66) Written Communications: (37) Report dated December 19, 1979, from the Director of Community Planning and Development, requesting approval of a personnel and consultant program due to position vacancies and major planning projects. Approval of Program: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to authorize staff to proceed with the following program: (1) Immediately hire two planners on a temporary basis to fill-in for the two vacant positions during the recruitment process. (2) Initiate recruitment process as soon as possible for the two vacant positions on a permanent basis. (3) Give first priority of staff time to projects which are already substantially in process or which have time clocks running on them. Other development proposals and projects will receive attention at the discretion of the Director. (4) Contract with outside planning firms to assist staff with the Colinas de Capistrano or other major planning projects as needed to meet the technical requirements and the deadlines, in an amount not to exceed $6,000. -11- 12/19/79 159 APPEALS OF PLANNING COMMISSION DECISIONS - PUBLIC HEARING DATES (67) The three reports dated December 19, 1979, from the City Clerk on the following subjects had been removed from the Consent Calendar at the request of the Director of Community Planning and Development: (39) (1) Conditional Use Permit 79-5 (Hoffman): Appeal of November 27, 1979, Planning Commission decision filed by John R. Parker on behalf of Mrs. Hoffman in _ connection with revocation of Conditional Use Permit 79-5, an equestrian stable located at the terminus of San Juan Creek Road. (46) (2) General Plan Consistency/Ridgeline Protection (Vangalis): Appeal of November 13, 1979, Planning Commission decision filed by Steven Coontz on behalf of Dan Vangalis in connection with the proposed location of a single- family residence. (39) (3) Conditional Use Permit 79-6 (Super -7 Service Station): Appeal of November 27, 1979, Planning Commission decision filed by Hal Miller, Super -7 Western Gasoline Division, in connection with conditions requiring a temporary joint access driveway for the station located at the intersection of Camino Capistrano and Del Obispo Street. Public Hearing Dates: The Director of Community Planning and Development requested that the hearings be scheduled after January, due to staff limitations. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that the public hearings on the above appeals be scheduled for the Council meeting of _ January 9, 1980, with the understanding that continuances of those hearings will be requested. COLINAS DE CAPISTRANO - PLANNED COMMUNITY IN COUNTY TERRITORY (56) Mayor Friess requested that Council consider taking a similar position with regard to Area 1 of the Colinas de Capistrano development as previously stated for Areas 2 and 3 for the purpose of consistency with City ridgeline protection policies. The Director of Community Planning and Development advised that Area 1 is within the most northerly corner of the development in the area of Crean Ranch. City Position on Area 1 Ridgeline: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried that within the City's sphere of influence staff is to endeavor to attain the same conditions for Areas 1, 2 and 3. View Analysis: The Director of Community Planning and Development suggested that an adjourned Council meeting be scheduled in January to receive the view analysis of ridgeline encroachment and to give direction to staff, with representatives of the Campeau Corporation, County Planning Commission and County Planning staff invited to attend. There was a concurrence of Council that the Mayor and staff be authorized to set the meeting date. -12- DIRECTOR OF PUBLIC WORKS 1. RELOCATION OF HEAD START PROGRAM TO CITY PROPERTY, CONDITIONAL USE PERMIT 78-4 (39) Written Communications: Report dated December 19, 1979, from the Director of Public Works advising that the relocation of the Head Start Program to City property adjacent to the Hot Springs Dance Hall is expected to be complete within a month. With the concurrence of Council, Mayor Friess directed that the report be received and filed, with the suggestion that grass and trees be planted in the area between the mobile units and the Dance Hall. ?. RELOCATION OF 4-H PROGRAM TO WATERWORKS PROPERTY (38) Written Communications: Report dated December 19, 1979, from the Director of Public Works, advising that the 4-H Club is in the process of relocating from City property to property leased from Waterworks District No. 4. It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to set a date certain of February 1, 1980, for the completion of the facility relocation. Mayor Friess suggested that the area presently used by the 4-H Club be designated for public and storage use. 3. STREET SWEEPING PROGRAM - AUTHORIZATION TO PREPARE SPECIFICATIONS AND RECEIVE PROPOSALS (83) Written Communications: Report dated December 19, 1979, from the Director of Public Works, setting forth alternative methods for maintaining the current level of street sweeping service, taking into considera- tion recent and anticipated development projects. Equipment Specifications and Contract Proposals: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to authorize staff to: (1) prepare specifications for a second street sweeping unit in order to determine approximate equipment costs; and, (2) to receive proposals for contract street sweeping services. 4. ACCEPTANCE OF EASEMENT FOR SEWER AND STORM DRAIN PURPOSES, VIA ESTELITA (SPAULDING) (73) Written Communications: (80) Report dated December 19, 1979, from the Director of Public Works, requesting that Council accept an Easement for sewer and storm drain purposes over the northerly half of the Via Estelita right-of-way from Mr. and Mrs. Richard Spaulding, 31611 Sacarama Lane, in lieu of accepting an existing irrevocable offer of dedication. The 30 -foot -wide Easement will accommodate pipeline alignments for Bear Brand Ranch, but will not be related to further improvements to Via Estelita at this time. Acceptance of Easement: It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to accept the Easement Deed for sewer and storm drain purposes across the northern half of the proposed Via Estelita right-of-way and to authorize the City Clerk to record the Deed on behalf of the City. -13- 12/19/79 161 COMMISSIONS, BOARDS, AND COMMITTEES PLANNING COMMISSION 1. REPORTS OF MEETINGS OF NOVEMBER 29 AND DECEMBER 11, 1979 (67) It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to receive and file the report of actions taken by the Planning Commission on November 29, 1979. It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to receive and file the report of actions taken by the Planning Commission on December 11, 1979. ENVIRONMENTAL REVIEW BOARD 1. REVIEW OF COUNTY ZONE CHANGE APPLICATION 79-: Un OAMn AMn ( nAWUT nnVnT,TTnTT (56) Written Communications: Report dated December 19, 1979, from the Director of Community Planning and Development, forwarding the concerns expressed by the Environmental Review Board regarding a zone change applica- tion for a sand and gravel operation in an area beginning at Trabuco Creek Road at the north City limits and extending 5 miles northward through County territory along the Trabuco Creekbed. Existing access to the project area is within the City limits via Trabuco Creek Road adjacent to Village San Juan. There was a concurrence of Council that access to the project should be through Avery Parkway or Crown Valley Parkway, rather than Trabuco Creek Road; staff is directed to forward a copy of the report and application to the President of the Village San Juan Homeowners Association and to advise the Association of the County public hearing dates on the matter. TRAFFIC AND TRANSPORTATION COMMISSION 1. PARKING RESTRICTIONS FOR OVERSIZED VEHICLES (55) Written Communications: (64) Report dated December 19, 1979, from George Alvarez, Commission Secretary, forwarding the Commission recommendation that consideration be given to restricting all public street parking in the City. Referral to Commission: It was moved by Mayor Friess, seconded by Councilman Hausdorfer and unanimously carried to refer the matter back to the Traffic and Transportation Commission for study of restrictions on parking of oversized vehicles; no further consideration is to be given to prohibiting residential parking. COUNCIL ACTIONS 1. APPOINTMENT TO ORANGE COUNTY HOUSING AUTHORITY (DAWNA SAUNDERS) (56) Written Communications: Report dated December 19, 1979, from the City Manager, forwarding applications on file for appointment as the City's representative to the Advisory Committee of the Orange County Housing Authority. The position was vacated by the resignation of Jessica Dean effective November 15, 1979. -14- 12/19/79 162. It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to appoint Dawna Saunders, 31881 Paseo Alto Plano, as the City's representative to the Housing Authority Advisory Committee. COUNCIL REMARKS 1. COUNCIL MEETING SCHEDULE (32) Councilman Thorpe suggested that a joint meeting be held in February with the Traffic and Transportation Commission and the Parks and Recreation Commission, and Council concurred that a meeting be scheduled for Wednesday, February 13, 1980. 2. EQUESTRIAN TRAIL, TRACT 9382 (MAURER) (85) Councilman Hausdorfer commended the appearance of the recently - completed equestrian trail improvements installed by Maurer Development Company in Tract 9382. Mayor Friess commented favorably on the use as a hiking trail also. 3. SENIOR CITIZENS RECREATION PROGRAM (62) Councilman Hausdorfer commended the Recreation Department for the Senior Citizens Second Annual Dinner celebration. 4. COMMENDATIONS (36) Councilman Schwartze suggested that commendations be prepared for Gary Mitchell, Land Use Coordinator, who resigned effective December 21, and for Maurer Development Company for the equestrian trail improvements. 5. SALE OF NARCOTICS PARAPHENALIA (55) Councilman Schwartze noted an ordinance received from the City of Villa Park and suggested that consideration be given to adopting an ordinance dealing with the sale of narcotic paraphenalia. 6. FINAL REPORT ON RETIREMENT SYSTEM REVIEW (66) Council concurred with Councilman Schwartze's suggestion that the City Manager prepare a final report on the recent review of the City employee's retirement system. 7. BEAR BRAND RANCH (85) Mayor Friess recommended that staff keep in contact with County (21) representatives on the progress of the Bear Brand Ranch develop- ment. 8. MEETING WITH HOMEOWNERS ASSOCIATION PRESIDENTS (61) Mayor Friess directed that a meeting be scheduled for Wednesday, (32) January 30, 1980, with the Presidents of local Homeowners Associations. 9. COMM13NDATIONS (36) Mayor Friess commended the Chairman of the Equestrian Commission, the City Clerk/Equestrian Commission Secretary, and Marty Bryant, Principal Engineering Aide, for their extra efforts in nego- tiating trail improvements in the Maurer Tract 9382. Mayor Friess commended Bob Maurer for his community service in holding the Christmas decorating contest and award ceremony on Sunday, December 16, for local youth. Mayor Friess also commended the Sheriff's Department for their traffic control efforts on the Ortega Highway on that date. -15- 12/19/79 b 10. TRUCK TRAFFIC, ORTEGA HIGHWAY (87) Mayor Friess advised that he had clocked a sand and gravel truck on the Ortega Highway traveling at 75 miles per hour and suggested that consideration be given to placing a signal at the north end of the Highway within the City limits to slow truck speeds. VIOLATION OF SIGN REGULATIONS (25) The City Manager advised Council that the operators of the delicatessen at 31401 Camino Capistrano place an advertising sign on the public sidewalk during weekends and that the violation of City regulations will be cited at the next occurrence. — EXECUTIVE SESSION Council recessed to a personnel session at 10:30 P.M., the City Clerk being excused therefrom, and reconvened at 10:50 P.M. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:55 P.M., to the next regular meeting date of Wednesday, January 2, 1980, at 7:00 P.M., in the City Council Chamber. ATTEST: I'KENNETH E. FRIESS, MAY R Respectfully submitted, MARY ANN 7NOVER, CITY CLERK -16- 12/19/79