Loading...
80-0206_CC_Minutes_Regular Meeting196 FEBRUARY 6, 1980 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 Councilman James F. Thorpe. 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; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; Robert Boone, Accounting Officer; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Adjourned Regular Meeting of January 9, 1980: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the Minutes of the Adjourned Regular Meeting of January 9, 1980, 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 January 14, 1980: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the Minutes of the Adjourned Regular Meeting of January 14, 1980, be approved with the following amendment to Page 3, third paragraph: Delete the words "on any slope" between ". . of the ridgelines" and "in Areas 1, 2 . . ." 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 Schwartze, seconded by Councilman Hausdorfer 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 -1- 2/6/80 197 PRESENTATIONS AND COMMENDATIONS 1. PLANNING COMMISSIONER MICHAEL IMLAY (36) Acceptance of Resignation: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to accept the resignation submitted by Michael T. Imlay. Commendation: Mayor Friess read the Resolution of Commendation in full. It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to adopt the following Resolution: RESOLUTION NO. 80-2-6-1, COMMENDING MICHAEL T. IMLAY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING MICHAEL T. IMLAY The Resolution commends Mr. Imlay for his service to the community as a Member of the Planning Commission from August 16, 1978, to January 22, 1980, and as a Member of the Architectural Board of Review from September 4, 1974, to August 16, 1978. 2. CHILD RESTRAINT SAFETY WEEK, FEBRUARY 10-16, 1980 (71) Written Communications: Report dated February 6, 1980, from the City Clerk, forwarding a Proclamation declaring Child Restraint Safety Week, as requested by Carol Sutorius, Safety Chairman of the Orange District, E1 Camino Junior Women's Club. With Council concurrence, Mayor Friess issued the Proclamation. ORAL COMMUNICATIONS 1. COLINAS DE CAPISTRANO DEVELOPMENT (56) Edith Benning expressed appreciation to the Council for providing bus transportation to the hearing by the Orange County Planning Commission. WRITTEN COMMUNICATIONS 1. ITEM PRICING IN SUPERMARKETS (ORANGE COUNTY CONSUMER COALITION) (76) Council received copies of a letter received January 18, 1980, from Sherry Baum, Acting Director, Orange County Consumer Coalition, 12311 Chapman Avenue, Suite 108, Garden Grove 92640, in opposition to elimination of individual item pricing in supermarkets. Ms. Baum, of 815 Catalina Avenue, Seal Beach, addressed the Council and requested consideration of an ordinance mandating item pricing. Council concurred with the Mayor's recommendation that the matter be referred to staff for an update of issues; ordinances adopted by the County of Orange and the cities of Buena Park and Cypress are to be considered. Alice Symanski, 2808 Camino Capistrano, San Clemente, requested that the matter be considered on March 5 and Council concurred. 2. OFFER OF SALE OR LEASE OF SCOUT HUT PROPERTY (61) Council received copies of a letter dated January 28, 1980, from Westleigh T. Heath, 32371 Alipaz Street, Space 81, Member of -2- 2/6/80 the Boy Scout Hut Committee, San Juan Capistrano Rotary Club, regarding possible sale or lease of the property on La Matanza due to maintenance costs. Council concurred that the matter be referred to the Public Facilities Committee and to staff for discussion of costs, funds required, lease and use of the property. Mayor Friess requested a list of the groups that use the facility. PUBLIC HEARINGS 1. PARADE PERMIT - FIESTA DE LAS GOLONDRINAS, MARCH 22, 1980 (SAN JUAN CAPISTRANO FIESTA ASSOCIATION) (61) Proposal: A request for approval of a Parade Permit for the Annual Swallows Day Parade to be held on Saturday, March 22, 1980, commencing at 11:00 a.m. Buchheim Field will be utilized as the assembly area. Written Communications: Report dated February 6, 1980, from the Director of Public Works. Applicant: San Juan Capistrano Fiesta Association, P. O. Box 532, Tony McDowell, President. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: (1) Mac McDowell, 32288 Paseo Carolina, requested approval of the permit on behalf of the Fiesta Association. There being no further response, Mayor Friess closed the Public Hearing. Approval of Permit: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to authorize the City Clerk to issue the Parade Permit and to approve the closing of Camino Capistrano between Del Obispo Street and La Zanja and the closing of Del Obispo Street between Ortega Highway and Camino Capistrano between the hours of 10:30 a.m., and 12:30 p.m., on Saturday, March 22, 1980. 2. GENERAL PLAN AMENDMENT 80-1A (GLENDALE FEDERAL) (46) Written Communications: Report dated February 6, 1980, from the Director of Community Planning and Development advising that representatives of Glendale Federal had requested continuance of the item to March 5, 1980, to allow time for the applicant to develop a fourth alternate land use configuration, as a result of more detailed engineering studies. Continuation to March 5, 1980: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to continue the Public Hearing on General Plan Amendment 80-1A to the meeting of March 5, 1980, at 7:00 p.m., in the City Council Chamber. 3. VACATION OF PORTION OF GANADO ROAD FROM ORTEGA H (74) Proposal- (91) The vacation of Ganado Road from Ortega Highway to Sundance Drive, in conjunction with the development of the Ortega Properties development. Future access to Ortega Highway will be provided by the extension of La Novia Avenue, with use of Ganado Road assured until completion of La Novia Avenue from Ortega Highway to Calle Arroyo. -3- 2/6/80 Ml� Written Communications: Report dated February 6, 1980, from the Director of Public Works. 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. Vacation Ordered: It was moved by Councilman Schwartze, seconded by Councilman Thorpe to adopt the following Resolution: RESOLUTION NO. 80-2-6-2, VACATION OF PORTION OF GANADO ROAD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE VACATION OF PORTION OF GANADO ROAD The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Director of Public Works advised that adoption of the Resolution will begin the process for identification of precise routes for construction traffic in order to protect residents of the area from construction difficulties. 4. GENERAL PLAN AMENDMENT 80-1B (VAN ROEKEL (46) Proposal: Certification of the Environmental Impact Report and request for indication of intent to approve General Plan Amendment 80-1B, a change in land use designation from Low Density Residential (maximum 2 units/acre) to 5.0 (Institutional/Public) to permit Public and Institutional, Private Recreation, Office Commercial and Growth Management zoning. The study area is located east of Marguerite Parkway and Rancho Viejo Road outside of the north City limits and within the City's sphere of influence. The Amendment is necessary prior to prezoning of the properties in conjunction with processing the City's application for annexation. Written Communications: Report dated February 6, 1980, from the Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission on January 8, 1980. Public Hearing: - Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: (1) Jim Thayer, Architect, 25551 Raymond Way, E1 Toro, representing the DeWire and Van Roekel interests, noted that the proposed San Joaquin Transportation Corridor would require revisions to the plans for the property frontages and that the DeWire property would be left in a 25' depressed ravine. Mr. Thayer requested Council opinion on filling the property to within 5' of the ultimate grade and the City's attitude towards commercial offices at the location. (2) Randy Clark, 29321 Spotted Bull Way, requested Council consideration of residential use on the Abdalmutti property as originally designated and cited residential property on Rancho Viejo Road within 50' of the I-5 Freeway. -4- 2/6/80 200 There being no further response, Mayor Priess closed the Public Hearing. Council Discussion: Councilman Thorpe inquired about solutions to bottleneck traffic problems, noted that existing school traffic and Village San Juan access problems would be impacted by additional traffic caused by commercial office zoning, that strip commercial zoning would be created, and cited preference for no non- residential zoning between Junipero Serra Road and Via Escolar. Councilman Hausdorfer noted that residential use could cause similar problems. Acceptance of Environmental Impact Report, With Addenda: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to certify the Environmental Impact Report as adequate with the inclusion of an addenda stating that the San Joaquin Corridor may require new information, said information to be added to the EIR when available. RECESS AND RECONVENE Council recessed at 8:08 P.M., and reconvened at 8:22 P.M. County General Plan Designations: In response to Council, the Director of Community Planning and Development advised that all of the land in question and the Spotted Bull area is shown on the County General Plan as low density residential; the Capistrano Valley High School site is shown as 1.2 medium residential; the area between Marguerite Parkway and the I-5 freeway north of Via Escolar as 1.3 regional commercial; therefore, the County is extending the commercial zoning without amending the County General Plan. Councilman Schwartze indicated that the area is inappropriate for single family, low density zoning and that the General Plan Amendment should be processed with a designation that is consistent with the topography with projects reviewed individually. Intent to Approve General Plan Amendment 80-1B: It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim to indicate the City Council's intention to approve General Plan Amendment 80-1B (Van Roekel) and to direct that the General Plan Amendment Resolution of approval be scheduled for adoption in conjunction with action on General Plan Amendment 80-1A (Glendale Federal). The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess NOES: Councilmen Thorpe and Buchheim ABSENT: None 5. APPEAL OF PLANNING COMMISSION DECISION, CONDITIONAL USE PERMIT 79-6 (SUPER -7 SERVICE STATION) (68) Proposal: An appeal of Condition No. 6 of Conditional Use Permit 79-6 as approved by the Planning Commission on August 28, 1979, and re -affirmed by the Commission on November 27, 1979. The condition states that the applicant shall agree to share a joint access driveway on Del Obispo Street with the adjacent property to the east; the proposed new driveway to be temporary until the adjacent property is developed. Applicant; Super -7 Western Gasoline Division, 2444 Moorpark Avenue, San Jose 96128. -5- 2/6/80 201 Written Communications: (1) Report dated February 6, 1980, from the Director of Community Planning and Development. (2) Letter dated December 4, 1979, from Hal Miller, representing Super -7. (3) Memorandum dated February 5, 1980, from Dee Tyler, Planning Commission Chairman. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: (1) Hal Miller, construction manager, Super -7, requested relief from Condition 6 of the Conditional Use Permit and stated he would not be opposed to flow-through traffic. There being no further response, Mayor Friess closed the Public Hearing. Council Discussion: Council discussed exterior and interior circulation problems at the site. Affirmation of Planning Commission Decision: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to retain Condition No. 6 of Planning Commission Resolution No. 79-8-28-1 permitting a new temporary drive access to Del Obispo Street - temporary access to be closed when a new joint access is constructed adjacent to the east property line. 6. TENTATIVE TRACT 10564, CAPISTRANO INDUSTRIAL PARK (WILLCOX WINTON) (85) Proposal: A subdivision of 19.5 acres of land into 17 individual lots for an industrial subdivision on property located east of San Juan Creek and west of Camino Capistrano previously known as the San Juan Capistrano Airport and runway. Applicant: Julian Willcox and Bruce Winton, 32932 Calle Perfecto, San Juan Capistrano. Written Communications: Report dated February 6, 1980, from the Director of Community Planning and Development forwarding the recommendation of appro made by the Planning Commission on January 8, 1980. Exhibits were on display and the Director of Community Planning and Development made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: (1) Ron Birtcher, 32331 Del Obispo Street, representing the applicants, introduced Elmer Christiansen, Civil Engineer, and Ken Kameyer, Landscape Architect, and stated that they have concurred with all of the Planning Commission requirements except the requirement for 30' rear setbacks rather than 10'. Mr. Birtcher distributed studies to Members of the City Council showing elevations in accordance with Flood Control standards and their visual impact. (2) Dee Tyler, representing the Planning Commission, clarified that the purpose of the landscape buffer was to serve as -6- 2/6/80 2®2 an open space buffer, not merely a screening; and, stated that inclusion of Condition 9 providing for a 30' rear buffer strip was inherent in the Planning Commission approval of the Tentative Tract. (3) Carolyn Nash, 32906 Avenida Descanso, representing Town Hall Association, opposed the project and supported relocation of Calle Aviador to the area adjacent to the Flood Control Channel, since buildings placed at the Channel would create negative visual impacts; requested that the buildings face the Channel; questioned the negative declaration by the Environmental Review Board; advised that industrial properties do not generate sales tax revenues for the City. (4) Mike Corbett, 32781 Avenida Descanso, opposed the project and suggested that the road be placed next to the creek with the buildings set back from the road. (5) Mery Pratt, 32792 Via del Amo, supported locating the road between the building and the creekbed, with the building designs considered on their own merit and landscaping considered thereafter. (6) Barbara Adams, 25602 Mariner Drive, read a letter dated February 6, 1980, from Dale W. Schlack, President, Mariner's Village Association, 25615 Mariner Drive, which supports the Town Hall position that the buildings should face the flood control channel. (7) Fred Jenner, President, Chamber of Commerce, advised that the Board of Directors supports the project as submitted by the applicants. (8) Christina Maria Ortiz, 32781 Via del Amo, requested consideration of hillside views. There being no further persons wishing to address the Council, Mayor Friess closed the Public Hearing. RECESS AND RECONVENE Council recessed at 10:10 p.m., and reconvened at 10:26 p.m. Discussion: Council discussed road alignment, setbacks, landscape buffering, and building alignments indicated on Plan B. Approval of Tentative Tract 10564: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 80-2-6-3, TENTATIVE TRACT 10564 (CAPISTRANO INDUSTRIAL PARK) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE TRACT 10564 (CAPISTRANO INDUSTRIAL PARK) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -7- 2/6/80 203 Condition 9 of the Resolution regarding visual buffering is to be amended to provide for a rear setback of 75', including a 10' landscape buffer to be installed at completion of grading, the setback areas to be developed with landscaping and parking; all other setback requirements would prevail. Zero Side Yard Setback: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that a zero side yard setback shall only occur where two buildings are grouped and would only occur in those circumstances. ORDINANCES 1. SAN JUAN CAPISTRANO MUNICIPAL CODE (INTRODUCTION) (55) Written Communications: Report dated February 6, 1980, from the City Clerk, advising that the codification of all City ordinances since City incorporation in 1961 has been completed by California Code Service. The printed Code will contain all ordinances in effect through Ordinance No. 379, including a comprehensive index, and represents a three and one-half year effort on behalf of the City and the codification service. Additional ordinances will be included through a regular supplement service. Introduction of Ordinance no. 398: 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, seconded by Councilman Hausdorfer that the following ordinance be introduced: ORDINANCE NO. 398, ADOPTING THE SAN JUAN CAPISTRANO MUNICIPAL CODE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE SAN JUAN CAPISTRANO MUNICIPAL CODE, TOGETHER WITH THE FOLLOWING SECONDARY CODES THEREIN ADOPTED BY REFERENCE, TO WIT: THAT CERTAIN CODE ENTITLED "UNIFORM FIRE CODE," 1976 EDITION, INCLUDING ITS APPENDICES, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE WESTERN FIRE CHIEFS ASSOCIATION, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED, OR AMENDED BY THE PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE; THOSE CERTAIN CODES ENTITLED "UNIFORM BUILDING CODE," 1976 EDITION, INCLUDING THE APPENDIX THERETO, "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS," 1976 EDITION, "UNIFORM HOUSING CODE," 1976 EDITION, "UNIFORM MECHANICAL CODE," 1976 EDITION, INCLUDING ITS APPENDICES AND THE UNIFORM BUILDING CODE STANDARDS SET FORTH THEREIN, - AND THE "UNIFORM SWIMMING POOL CODE," 1976 EDITION, ALL PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED, OR AMENDED BY THE PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE; THAT CERTAIN CODE ENTITLED "NATIONAL ELECTRICAL CODE," 1978 EDITION, INCLUDING THE APPENDIX THERETO, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED, OR AMENDED BY THE PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE' AND THAT CERTAIN CODE ENTITLED "UNIFORM PLUMBING CODE," 1976 EDITION, INCLUDING APPENDICES A, B, C, D, H, AND I, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED, OR AMENDED BY THE PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE; PRESCRIBING CERTAIN PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF; AND REPEALING CERTAIN ORDINANCES AS SPECIFIED THEREIN -8- 2/6/80 204 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None (36) Councilman Hausdorfer commended the City Clerk for her efforts in coordinating the Code compilation and noted that this is an historical moment for the City. 2. PROPOSED ORDINANCE TO REGULATE SKATE BOARDING ON PUBLIC STREETS (55) Written Communications: Report dated February 6, 1980, from George Alvarez, Secretary of the Traffic and Transportation Commission, forwarding the recommendation made by the Commission on January 17, 1980, that an ordinance be adopted to prohibit skateboarding on all public streets in the City. Council noted enforcement and regulating difficulties. Motion to Table: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to table the item. RESOLUTIONS 1. SAN JUAN CAPISTRANO MUNICIPAL CODE ADOPTION PUBLIC HEARING DATE (55) Written Communications: Report dated February 6, 1980, from the City Clerk forwarding a Resolution establishing a Public Hearing date for adoption of the San Juan Capistrano Municipal Code, pursuant to Section 50022.3 of the Government Code. Time and Place of Public Hearing: It was moved by Councilman Buchheim and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-2-6-4, SETTING PUBLIC HEARING ON ADOPTION OF SAN JUAN CAPISTRANO MUNICIPAL CODE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FIXING THE TIME AND PLACE FOR A PUBLIC HEARING IN THE MATTER OF THE ADOPTION OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution sets the Public Hearing for Wednesday, February 20, 1980, at 7:00 p.m., in the Council Chamber. 2. SUPPORTING SCAG-78 GROWTH FORECAST POLICY FOR REGIONAL PLANNING (26) Written Communications: (61) Report dated February 6, 1980, from the Director of Community Planning and Development forwarding the Growth Forecast Policy from the Southern California Association of Governments and advising that the forecast is consistent with the City's Growth Management Program. SCAG has requested the support of local jurisdictions. -9- 2/6/80 205 Concurrence With Forecast: It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 80-2-6-5, SCAG-78 GROWTH FORECAST POLICY - REGIONAL PLANNING - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONCURRING WITH THE USE OF THE SCAG-78 GROWTH FORECAST POLICY FOR USE IN REGIONAL PLANNING 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 RIGHT-OF-WAY APPRAISAL SERVICES, ASSESSMENT DISTRICT 78-3 (ORTEGA PROPERTIES) (38) Written Communications: (74) Report dated February 6, 1980, from the Director of Public Works. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to approve the letter agreement with Robert H. Harrison entitled "Appraisal of Right -of -Way for Assessment District 78-3" in the amount of $6,500 plus $55 per hour court time, said funds to be provided from the sale of bonds, and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. CONSENT CALENDAR It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim 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 February 6, 1980, Warrants Nos. 18598 through 18697, and 1911 Act Account Warrant No. 0251, inclusive, in the total amount of $500,440.58, was approved as submitted. 2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JANUARY 28, 1980 (23) The Report of Actions taken by the Equestrian Commission at the meeting of January 28, 1980, was ordered received and filed. 3. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS OF JANUARY 3, 1980 AND JANUARY 17, 1980 (23) The Report of Actions taken by the Traffic and Transportation Commission at the meetings of January 3 and 17, 1980, was ordered received and filed. -10- 2/6/80 206 4. ACCEPTANCE OF EASEMENT DEEDS - ASSESSMENT DISTRICT 78-3 (ORTEGA PROPERTIES) (73) At the request of staff to reduce delay, the 28 right-of-way (74) easement deeds for Assessment District 78-3 were accepted and staff was authorized to record the deeds as they are received from the property owners. All right-of-way for the District must be acquired prior to the March 5th public hearings. 5. APPROVAL OF AGREEMENT FOR CONTRIBUTION TO ASSESSMENT DISTRICT 78-3, CONSTRUCTION OF REINFORCED CONCRETE BOX, HORNO CREEK (38) Since Assessment District 78-3 will only construct an open, (74) rip -rap channel along Horno Creek and more extensive improvements (80) are desired, the agreements with Ortega Properties, Chuck King and Hal Greene were approved to insure financial participation in the construction of the Horno Creek as a reinforced concrete box. The Mayor and City Clerk were authorized to execute the agreements on behalf of the City. 6. AUTHORIZATION TO RECEIVE PROPOSALS - HYDRAULIC ANALYSIS OF OSO CREEK (80) Staff was authorized to solicit proposals for engineering consultant services for an hydraulic analysis of the Oso Creek. The analysis is to evaluate construction techniques that may reduce or eliminate erosion problems along the Creek. 7. RELEASE OF SURETY, 31886 CAMINO CAPISTRANO (NEGLEY) (38) Utilities have now been undergrounded at 31886 Camino Capistrano (90) and staff was authorized to release the $1,000 surety, acquired in conjunction with a September 5, 1979, agreement for deferral of the undergrounding requirement. AUTHORIZATION TO RECEIVE PROPOSALS FOR DESIGN OF ORTEGA HIGHWAY AT SUNHOLLOW - TRACT 7626 (85) It was moved by Councilman Schwartze, seconded by Councilman (83) Thorpe and unanimously carried to authorize the City Engineer to solicit proposals for engineering services for the design of a sound wall, landscaping, curb, gutter and sidewalk improvements on Ortega Highway at the Sunhollow tract, said design to include the equestrian trail at the northeasterly side of the property. RENEWAL OF AGREEMENT FOR ANIMAL CONTROL SERVICES (COUNTY OF ORANGE) (38) An Agreement with the County of Orange for a one-year time (57) extension to June 30, 1981, for the animal control services agreement was received. Councilman Thorpe noted that the service is available Mondays through Thursdays only and suggested staff discuss improvements to the services with County representatives. With the concurrence of Council, Mayor Friess ordered the item held over to a future date for receipt of further information. SELECTION OF APPRAISER - LOS RIOS PRECISE PLAN (FOX) (23) It was moved by Councilman Hausdorfer, seconded by Councilman (38) Buchheim and unanimously carried to select Charles Fox of Tustin, who submitted the lowest proposal, to conduct property appraisals for the Planned Housing District in the Los Rios Area in an amount not to exceed $5,000. An amendment to the 1979-80 Capital Improvement budget in the amount of $5,000, to be transferred from the Systems Development Tax Fund, was authorized. -11- 2/6/80 207 CONSENT CALENDAR POLICY STATEMENT - ITEMS REQUIRING BUDGET AMENDMENTS (69) At the suggestion of Councilman Thorpe, it was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to establish a policy statement that no items which require an amendment to the budget shall be placed on the Consent Calendar. ADMINISTRATIVE ITEMS CITY MANAGER 1. COUNCIL POLICY MANUAL (69) There was a consensus of Council that this item be held over — (32) to the next regular Council meeting. DUNIVIN TRAILER, LOS RIOS STREET - TEMPORARY USE AND OCCUPANCY (23) Written Communications: (39) Report dated February 6, 1980, from the City Manager, setting forth the results of a meeting held with Forrest Dunivin and Steve Rios relating to the placement of a trailer adjacent to the Rios property for use by the Dunivin vehicle storage yard. Mr. Rios and Mr. Dunivin addressed the Council. Review of Planning Commission Decision: It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried that the City Council will review the decision made by the Planning Commission on October 23, 1979, with consideration of the period of time to be designated for temporary use and designation of the appropriate map indicating floodplain status. Authorization for it was movea oy uouncii.man Schwartze and unanimously temporary electrical power trailer and temporary use of the matter. The Public March 5, 1980. CITY CLERK Use and Hausdorfer, seconded by Councilman carried that Mr. Dunivin be allowed to serve the outside lights and and occupancy until future disposition Hearing is to be scheduled for GENERAL MUNICIPAL ELECTION - APRIL 8, 1980 RESOLUTION ESTABLISHING POLLING PLACES AND PRECINCT BOARDS (40) Written Communications: Report dated February 6, 1980, from the City Clerk forwarding a Resolution establishing 16 polling places and voting precincts consisting of 5 consolidations and listing ,the 64 election officers who will serve as Precinct Boards. Establishing of Precincts, Polling Places, and Precinct Boards: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer to adopt the following Resolution: RESOLUTION NO. 80-2-6-6, VOTING PRECINCTS, POLLING PLACES AND ELECTION OFFICERS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION OF SAID CITY ON TUESDAY, APRIL 8, 1980, HERETOFORE CALLED BY RESOLUTION NO. 79-12-5-1 OF THE CITY COUNCIL The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -12- 2/6/80 MOO] 2. STATUS REPORT - GOYA MICROSCOPE FUND (32) Written Communications: Report dated February 6, 1980, from the City Clerk regarding the status of the Microscope Fund for the Sister City of Goya, Argentina. Cost of a binocular microscope is estimated at $1,500. Pursuant to Council direction on November 7, 1979, community support was requested and a donation of $250 received from the Lyons Club. Authorization for City Equal Match of Funds: It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to authorize an expenditure of City funds in an amount equal to community funds collected through March 15, 1980, DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT - MEREDITH CANYON LANDSCAPING, TRACTS 8087 AND 8319 (85) There was a consensus of Council that the Report dated February 6, 1980, from the Director of Community Planning and Development be received and filed. 2. PROPOSED LAND USE CODE AMENDMENT - FARM ANIMALS IN RS DISTRICT (55) Written Communications: Report dated February 6, 1980, from the Director of Community Planning and Development regarding the request of Ronald Fuchs for initiation of an amendment to the Land Use Code to allow the keeping of chickens, pigeons and rabbits in the RS (Single Family) District, provided a Conditional Use Permit is approved pursuant to Section 2.3.3 of Ordinance No. 293. Mayor Friess stepped down from the dais, and Mayor pro tempore Hausdorfer assumed the Chair. Ronald Fuchs, 30982 Paseo Valencia, addressed the Council and read a proposal submitted to the Planning Commission for an amendment to the Land Use Code. Initiation of Code Amendment: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to initiate a Land Use Code Amendment to allow small non-domestic animals in the RS (Single Family) District, provided a Conditional Use Permit is approved, with a definition of what those animals would be, included in the Amendment. Mayor Friess assumed the Chair. 3. REVISED PLANS FOR ALPHA BETA COMMERCIAL DEVELOPMENT, ARCHITECTURAL CONTROL 79-7 (COLLINS/DIVERSIFIED) ' (68) Written Communications: Report dated February 6, 1980, from the Director of Community Planning and Development forwarding revised site plans and building elevations for the Alpha Beta commercial development on Camino Capistrano, pursuant to the intent of Condition 15 of Resolution No. 79-8-15-1. Approval of Revised Plans: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to approve the revised plans for A.C. 79-7 (Alpha Beta/Collins/Diversified) as submitted. -13- 2/6/80 DIRECTOR OF PUBLIC WORKS 1. CITY MAINTENANCE OF OFF-SITE DRAINAGE FACILITIES, TRACT 8087 (MEREDITH CANYON) (80) Written Communications: (85) Report dated February 6, 1980, from the Director of Public Works regarding the maintenance of off-site drainage improvements at the terminus of Via de Agua and Delgado Road in the Meredith Canyon area and forwarding a memorandum dated December 6, 1979, with a chronology of events leading to the construction of the siltation basin. Acceptance of Maintenance Responsibility: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to formally accept the drainage maintenance for the siltation basin at Via de Agua and Delgado Road within Tract 8087 and to relieve the Meredith Canyon Community Association from that maintenance responsibility 2. ORANGE COUNTY TRANSPORTATION COMMISSION, MULTI -MODAL TRANSPORTATION STUDY - POSITION STATEMENT (56) Written Communications: (88) Report dated February 6, 1980, from the Director of Public (69) Works forwarding recommendations and proposed implementation schedule for the County Multi -modal Transportation Study, as prepared by the consultant for the Orange County Transportation Commission. Authorization for Position Statement: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to authorize the Mayor to forward the City's position statement to the Commission, as follows: (1) The Foothill Corridor: The City supports the development of the Foothill Corridor as a primary facility to relieve pressure on Interstate 5 and recommends that it be given increased priority. This is a proposed north -south primary highway which would originate in Tustin at the eastern corridor and terminate in Mission Viejo inland from Interstate 5. (2) Freeway Widening: The City supports the current recommendation of the consultant which does not advocate the widening of Interstate 5 from the junction of the proposed San Joaquin Hills Corridor southward. (The consultant recommends the addition of two travel lanes to all other existing freeways.) (3) Consistency With Existing Policies: The City supports the improvements of the transit system, particularly those that will promote bus usage and bus/rail interface. If time permits, this item is to be considered at the scheduled Adjourned Council Meeting of February 13, 1980, prior to mailing of the letter. 3. DEFERRAL OF REQUIREMENT FOR UTILITY UNDERGROUNDING 31391 EL HORNO STREET (PITZER/MENDOZA) (90) Written Communications: (93) Report dated February 6, 1980, from the Director of Public (38) Works regarding the request of Paul Pitzer and Frank Mendoza, owners of property at 31391 E1 Horno Street, that the City -14- 2/6/80 210 enter into an agreement for deferral of undergrounding of the existing electrical facilities in conjunction with the construction of a duplex. It is anticipated that underground facilities installed at this time would be abandoned in the future when all electrical facilities in the neighborhood would be installed within the public right-of-way of E1 Horno Street. of Aareement and Waiver of Suretv Reauirement: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to authorize the Mayor and City Clerk to execute the Agreement deferring undergrounding of existing electrical facilities and to waive the requirement for posting of financial surety. 4. PROPOSED CONSULTANT GEOLOGICAL SERVICES, GLENDALE FEDERAL (37) The Director of Public Works advised that retention of a (46) geological consultant will be proposed at the next Council meeting with regard to the Glendale Federal Property, the scope of services estimated at $8,000 to $10,000. There was a concurrence of Council that the matter be scheduled for consideration at the meeting of February 20, 1980. COMMISSIONS, BOARDS, COMMITTEES CULTURAL HERITAGE COMMISSION 1. AUTHORIZATION FOR ATTENDANCE AT CULTURAL ARTS SEMINAR (23) Written Communications: Report dated February 6, 1980, from Pamela Hallan, Commission Secretary, regarding a Cultural Arts and Humanities Seminar to be held February 15-17, 1980, in Indian Wells with costs of approximately $300. Authorization for Attendance: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to authorize the Commission Chairman to attend the Seminar. PARKS AND RECREATION COMMISSION 1. PROPOSED JOINT CITY/SCHOOL DISTRICT AD HOC RECREATION FACILITIES COMMITTEE GUIDELINES (23) Written Communications: (62) Report dated February 6, 1980, from Tom Baker, Commission Secretary, forwarding the January 21, 1980, recommendation of the Parks and Recreation Commission that a joint City/School District committee be established to inventory and assess existing facilities in the City and the need and funding for additional facilities. Conceptual Approval of Guidelines: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to direct staff to contact representatives of the Capistrano Unified School District regarding participation in a joint City/CUSD Ad Hoc Recreation Facilities Committee and to approve the guidelines describing the Committee and its duties in concept. PLANNING COMMISSION 1. REPORT OF MEETING OF JANUARY 22, 1980/FUTURE JOINT MEETING (67) The Report of Actions taken by the Planning Commission on January 22, 1980, was ordered received and filed. -15- 2/6/80 211 There was a consensus of Council that a meeting with the City Council and Planning Commission Members be scheduled during April, with input to be provided from the consultant and community on the recently -approved Architectural Guidelines. COUNCIL ACTIONS 1. APPOINTMENT TO THE PLANNING COMMISSION - COUNCIL SUBCOMMITTEE (67) Written Communications: Report dated February 6, 1980, from the City Manager forwarding applications received for appointment to the Planning Commission. Appointment of Subcommittee: Councilman Schwartze recommended consideration of a Council subcommittee for the purpose of interviewing applicants and submitting a priority list to the Council. With Council concurrence, Mayor Friess appointed Councilmen Thorpe and Schwartze. COUNCIL REMARKS 1. SALE OF BEER AND WINE - VERMEULEN RANCH MARKET (26) Councilman Hausdorfer suggested that consideration be given (68) to the request of Charles Vermeulen for permission to sell beer and wine at the Ranch Market located on Del Obispo Street. There was a consensus of Council that the item be scheduled for the meeting of February 20, 1980. 2. INTENT TO VACATE PUBLIC RIGHT-OF-WAY (VERMEULEN) (68) Council concurred with the suggestion of Councilman Hausdorfer (73) that vacation of the Vermeulen property near Alipaz Street (91) be scheduled for the February 20, 1980, City Council meeting. 3. FLOOD CONTROL - KINOSHITA/CADILLAC FAIRVEIW PROPERTIES (80) Council concurred with the suggestion of Councilman Buchheim that the Director of Public Works be directed to contact the owners of the Cadillac Fairview property at Alipaz Street and Camino del Avion for a written commitment to allow digging of a drainage ditch to alleviate the Kinoshita Farms property. 4. BEAR BRAND RANCH - GRADING/FLOOD DAMAGE (80) Council concurred with the suggestion of Councilman Buchheim (85) that the Director of Public Works be directed to investigate the grading of contours and bonding for the Bear Brand Ranch property and possible flood consequences. 5. COMMENDATIONS - SERRA TREATMENT PLANT PERSONNEL (36) It was moved by Councilman Buchheim, seconded by Councilman (79) Thorpe and unanimously carried that letters of commendation be written to personnel at the SERRA Treatment Plant, the Moulton -Niguel Sanitary District, and to the Director of Public Works for their actions in repairing damage to the Treatment Plant caused by recent storms. 6. GRADING (REID) (25) Council concurred with the suggestion of Councilman Thorpe that the Director of Public Works investigate aparent grading operations at the Reid property off Ortega Highway. -16- 2/6/80 212 7. LOS CORRALES, TRACTS 7654 AND 9373, STORM DRAIN EROSION (80) Council concurred with the suggestion of Councilman Thorpe (85) that the Director of Public Works investigate the condition of the storm drain in Los Corrales Tracts 7654 and 9373. 8. REVIEW OF SISTER CITIES PROGRAMS (32) Council concurred with Councilman Thorpe that programs and organizations with sister city affiliations be reviewed by the Cultural Heritage Commission. 9. PREPARATION OF COMMENDATION (MADIGAN) (36) Council concurred with the suggestion of Councilman Schwartze that a commendation be prepared for Mike Madigan, President of the Senior Citizens Center, for presentation at the meeting of February 20, 1980. 10. UPDATE ON SHERIFF SERVICES (70) Council concurred with the suggestion of Mayor Friess that Lt. LaDucer be requested to provide an update on Sheriff services at the meeting of February 20, 1980. 11. EQUESTRIAN TRAIL - LOS CORRALES TRACTS 7654 AND 9373 (23) Council concurred with the suggestion of Mayor Friess that the (85) Director of Public Works submit a report on the property owners responsibility for the equestrian trail at the easterly boundary of the Los Corrales development. 12. CITY TRANSIT SYSTEM (88) Council concurred with the suggestion of Mayor Friess that the (60) Director of Public Works contact the Orange County Transportation District regarding implementation of a City transit system. EXECUTIVE SESSION The Council recessed to an Executive Session at 12:30 A.M., February 7, 1980, the City Clerk being excused therefrom, and reconvened at 1:25 A.M. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 1:26 A.M., to the next meeting date of Wednesday, February 13, 1980, at 7:00 P.M., in the City Council Chamber. Respectfully submitted, MARY ANN NOVER, CITY CLERK ATTEST: KENNETH E. FRIESS, MAYOR -17- 2/6/80