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80-0220_CC_Minutes_Regular Meeting218 FEBRUARY 20, 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 7:00 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Rick Gunn, Community Christian Church. ROLL CALL PRESENT: Kenneth Gary L. Lawrence Phillip James F. ABSENT: None E. Friess, Mayor Hausdorfer, Mayor pro tem F. Buchheim, Councilman R. Schwartze, Councilman Thorpe, Councilman 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; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES of January 23, 1980 It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the Minutes of the Adjourned Regular Meeting of January 23, 1980, be approved with the following amendment: Page 3, penultimate paragraph, line 8: following the words "will mitigate" insert "the school situation by meeting The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Regular Meeting of February 6, 1980: It was moved by Councilman Schwartze, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of February 6, 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 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- 2/20/80 219 PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION OF THE FIESTA DE LAS GOLONDRINAS, MARCH 16 - 22, 1980 (61) Change to Parade Start -Up Time: (71) In response to Mayor Friess, the City Manager advised that the parade start up time had been changed from 1:00 P.M., to 11:00 A.M., at the request of the Sheriff, the Engineering Department and some local businesses. It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to proclaim the week of March 16-22, 1980, as the Fiesta de las Golondrinas in celebration of the annual return of the swallows from Argentina, - as set forth in the report dated February 20th from the City Clerk. The 22nd annual Swallows Day Parade sponsored by the San Juan Capistrano Fiesta Association will be held on Saturday, March 22, 1980. 2. COMMENDATION - DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE MEMBER MacLAREN DAVID PEACE (36) With Council concurrence, Mayor Friess signed the Certificate (23) of Commendation for Maclaren David Peace for his service to the community as a Member of the Downtown Committee from August 16, 1978, until his resignation on January 29, 1980. 3. COMMENDATION - SENIOR CITIZENS CLUB PRESIDENT MIKE MADIGAN (36) Mayor Friess presented the Certificate of Commendation to (62) Mike Madigan for his service to the community as President of the San Juan Capistrano Senior Citizens Club from its formation on January 3, 1979, and displayed the plaque awarded to Mr. Madigan as recipient of the California Parks and Recreation Society District X Volunteer Service Award received on February 5, 1980. 4. COMMENDATION AND ACCEPTANCE OF RESIGNATION - SERRA REPRESENTATIVE DOUGLAS NASH (36) It was moved by Councilman Schwartze, seconded by Councilman (79) Hausdorfer and unanimously carried to accept the resignation submitted by Douglas B. Nash as the City's representative to the Board of Directors of the SouthEast Regional Reclamation Authority effective February 11, 1980, and to authorize the Mayor to sign the Certificate of Commendation for Mr. Nash's service to the community from February 7, 1979, to February 11, 1980. A Resolution of appointment to the Board is to be prepared for the meeting of March 5. 5. REPORT ON SHERIFF SERVICES (70) This item was held over to a future meeting due to rain conditions in the City. ORAL COMMUNICATIONS 1. STORM DAMAGE, CAPTAIN'S HILL DEVELOPMENT (STREELMAN) (80) Larry Streelman, 25701 Windjammer Drive, expressed his (85) appreciation to Councilman Buchheim, the Director of Public Works and the Members of the Department for their assistance with a plugged storm drain and noted support for budgeting of equipment. Mr. Strielman requested that serious consideration be given to the drainage situation in relation to any future development above the Captain's Hill area. Councilman Buchheim expressed appreciation to the residents of the area. -2- 2/20/80 220 2. STORM DAMAGE, MEREDITH CANYON DEVELOPMENT (80) Mike Madigan, Jr., 33531 Avenida Calita, reported storm water (85) drainage problems at his residence and in the surrounding area of Meredith Canyon. The Director of Public Works advised that landscaping has inhibited water flow and that drainage is to be into the street. Councilman Thorpe suggested that purchase of portable pumps be considered during budget discussions as a means of assisting residents on a temporary basis during periods of heavy rains; in addition, the entire area should be checked for slope stability. Chuck DeCapite, 33501 Avenida Calita, requested City review of drainage conditions in the Alto Capistrano area. PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION DECISION - CONDITIONAL USE PERMIT 79-5 (HOFFMAN STABLES) (39) Proposal: (23) An appeal of action taken by the Planning Commission on November 27, 1979, in re -affirming their October 9th revocation of Conditional Use Permit 79-5 due to lack of fulfillment of all conditions of approval in connection with the commercial equestrian center located along San Juan Creek Road. Appellant: John R. Parker, Attorney at Law, 1439 East Chapman Avenue, Orange 92666, on behalf of Mrs. Walter Hoffman, the property owner. Written Communications: (1) Report dated February 20, 1980, from the Director of Community Planning and Development setting forth a chronology of events and the current status of the Conditions of Approval. (2) Letter dated November 28, 1979, from John R. Parker, appealing the Planning Commission decision. Public Hearing: Notice of continuation from the meeting of January 9, 1980, having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: (1) John R. Parker, representing Mrs. Hoffman, stated that any errors made had not been an attempt to avoid City processes; the landscape plan has been submitted but not processed because of the revocation recommendation; the landscape buffer is incorporated in the development plans; the equestrian trail will be installed and fenced; requested waiver of the requirement for solid fencing along the school boundary; requested approval of the development plans; stated Mrs. Hoffman is willing to install the required landscaping and replant where washed away by rains; urged Council to grant relief from the Planning Commission actions. (2) Dale Smith, 31515 Paseo Christina, supported installation of a solid or chain link fence between the school and the equestrian center to provide a transition between sensitive areas and for safety purposes. There being no further response, Mayor Friess closed the Public Hearing with the right to re -open at any time. In response to Council, Mr. Parker advised that his client is willing to post a bond in a reasonable amount to cover improvements as long as the conditions are conditions that -3- 2/20/80 221 can be met. Mayor Friess commented that the problem appears to be with multiple tenants under a single use permit. The Director of Community Planning and Development advised that the City Attorney concurs that a partial revocation can be made. Councilman Thorpe strongly urged that the permit be revoked due to lack of compliance. It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe to confirm the Planning Commission action of October 9, 1979, in revoking CUP 79-5, the site to be vacated by April 1. The motion failed with Councilmen Hausdorfer and Thorpe voting for and Councilmen Buchheim, Friess and Schwartze voting against. Continuation of Hearing: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to continue the Public Hearing to May 7, 1980; the applicant is to meet with City staff and post a bond within 10 days in an amount of from $5,000-$10,000 as determined by staff to complete the required conditions; all conditions to be met prior to the next Hearing date and the interim period to be considered as part of the conditional use. Councilman Thorpe advised that the purpose of the fencing is to prevent access to the area by school children and that chain link would be acceptable. Mr. Parker requested appointment of Council Members to meet with the applicant and staff. With regard to roof colors, Mayor Friess supported the existing color as an energy conservation feature of the mobile home caretaker's unit. 2. APPEAL OF PLANNING COMMISSION DECISION ON GENERAL PLAN (46) Written Communications: Report dated February 20, 1980, from the Director of Community Planning and Development forwarding a letter dated February 5, 1980, from M. Stephen Coontz withdrawing the appeal action on behalf of Mr. Vangalis. Public Hearing: Notice having been given, Mayor Friess opened the Hearing and, there being no response, declared the Hearing closed and the matter withdrawn from consideration. 3. RESIDENTIAL ALLOCATION SCHEDULE, 1980-1983 (28) Proposal: Adoption of a Residential Allocation Schedule for issuance of building permits, pursuant to Growth Management Ordinance No. 314, for the years 1980-1983. Written Communications: Report dated February 20, 1980, from the Director of Community Planning and Development. 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. Adoption of Schedule: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer to adopt the following Resolution: RESOLUTION NO. 80-2-20-1, RESIDENTIAL ALLOCATION SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A RESIDENTIAL ALLOCATION SCHEDULE FOR THE YEARS 1980, 1981, 1982, AND 1983 IN ACCORDANCE WITH SECTIONS 5 AND 6 OF ORDINANCE NO. 314 -4- 2/20/80 222 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 allocations: 1980, 258; 1981, 143; 1982, 89; 1983, 0 4. SAN JUAN CAPISTRANO MUNICIPAL CODE - ADOPTION OF ORDINANCE NO. 398 (55) Proposal: Adop iontcont of Ordinance No. 398 to establish the San Juan Capistrano Municipal Code. The Ordinance was introduced at the meeting of February 6, 1980. Written Communications: Report dated February 20, 1980, from the City Clerk. 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. Adoption 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 adopted: 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 -5- 2/20/80 �RJ The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ORDINANCES 1. ADJUSTMENT OF COUNCILMANIC SALARIES (INTRODUCTION) (32) Written Communications: - (55) Report dated February 20, 1980, from Loretta Zimmerman, Assistant to the City Manager, forwarding a proposed ordinance increasing Council salaries pursuant to Government Code Section 36516.2. Current compensation is $150 per month; the Ordinance would allow increases equal to 5% per year for each year since the previous increase in September, 1972, or a total to date of $210 per month. Introduction of Ordinance No. 399: 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. 399, ADJUSTMENT OF COUNCILMANIC SALARIES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR AN ADJUSTMENT OF SALARIES TO MEMBERS OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AND REPEALING ORDINANCE NO. 208 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, and Mayor Friess NOES: Councilman Buchheim ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. CAMINO CAPISTRANO IMPROVEMENT DISTRICT ARTERIAL HIGHWAY FINANCING PROGRAMS 940 AND 984 - APPROVAL OF CHANGE (38) Written Communications: (44) Report dated February 20, 1980, from the Director of Public (74) Works requesting approval of a Change Order for storm drain _ modification, due to conflicts with underground utilities. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve Change Order No. 3 in the amount of $19,668 for AHFP Nos. 940 and 984. 2. DOWNTOWN STUDY AREA ENVIRONMENTAL IMPACT REPORT AWARD OF CONTRACT (CHAMBERS CONSULTANTS) (68) Written Communications: Report dated February 20, 1980, from the Director of Community Planning and Development forwarding the results of proposals received for preparation of the Downtown Study Area Environ- mental Impact Report. The Report is to evaluate the impacts that can be expected if the Downtown Master Plan is adopted and will also meet State grant requirements for implementation of the multimodal terminal. -6- 2/20/80 224 Mayor Friess commended Raymundo Becerra on the contents of the Scope of Work. Councilman Buchheim requested that sonic impacts on the Mission from changes in traffic circulation be addressed; the Director of Community Planning and Development is to contact the consultant. Award of Contract: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer to award the contract to the low qualifying bidder, Chambers Consultants of Stanton, in the amount of $6,150 and to reject all other bids received; and the Mayor and City Clerk are authorized to sign the contract on behalf of the City. The motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: CONSENT CALENDAR Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess None Councilman Schwartze None 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 20, 1980, Warrants Nos. 18698 through 18819, inclusive, in the total amount of $256,637.35, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JANUARY 31, 1980 (41) The City Treasurer's Report of Investments as of January 31, 1980, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF JANUARY 31, 1980 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of January 31, 1980, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF DECEMBER 31, 1979 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the 6 -month period ending December 31, 1979, was approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF FEBRUARY 5. 1980 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of February 5, 1980, was ordered received and filed. -7- 2/20/80 225 6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF FEBRUARY 11, 1980 (23) The Report of Actions taken by the Equestrian Commission at the meeting of February 11, 1980, was ordered received and filed. 7. ACCEPTANCE OF ALLEY DEDICATION, NORTH OF LA ZANJA AT LOS RIOS STREET, LOT 5, TRACT 7194 (73) The Deed granting the City a perpetual easement and right - (85) of -way for street and highway purposes over the easterly 20 feet of Lot 5, Tract 7194 was accepted from the Capistrano Villas Homeowners Association No. 3. The deed was offered and accepted to allow the City to enforce parking regulations _ within the alley. 8. AGREEMENT FOR UNDERGROUND WATER UTILITIES (38) The agreement with Orange County Waterworks District No. 4 (74) providing for the City to acquire right-of-way, to construct (94) water facilities financed by Assessment District 78-3, and then to dedicate those facilities to the Water District was approved. The Mayor and City Clerk were authorized to sign the agreement on behalf of the City. 9. AGREEMENT FOR CONSTRUCTION OF HORNO CREEK CHANNEL FACILITY NO. LOS, ASSESSMENT DISTRICT 78-3 (ORANGE COUNTY FLOOD CONTROL DISTRICT) (38) The agreement with Orange County providing for the construction (56) of the Horno Creek improvements by Assessment District 78-3 (74) and then dedication of the improved area to the County for maintenance purposes was approved. The Mayor and City Clerk were authorized to sign the agreement on behalf of the City. AGREEMENT FOR UNDERGROUND ELECTRIC UTILITIES, ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES (SAN DIEGO GAS AND ELECTRIC) (38) It was moved by Councilman Thorpe, seconded by Councilman (74) Hausdorfer and unanimously carried to approve the agreement (90) with San Diego Gas and Electric whereby the City will acquire the right-of-way, construct the underground electrical distribu- tion facilities financed by Assessment District 78-3, and then dedicate those facilities to San Diego Gas and Electric. The Mayor and City Clerk were authorized to sign the agreement on behalf of the City. AGREEMENT FOR UNDERGROUND COMMUNICATION UTILITIES, ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES (PACIFIC TELEPHONE COMPANY) (38) It was moved by Councilman Thorpe, seconded by Councilman (74) Hausdorfer and unanimously carried to approve the agreement (90) with Pacific Telephone whereby the City will acquire the right-of-way, construct the underground communication facilities financed by Assessment District 78-3, and then dedicate those facilities to Pacific Telephone. The Mayor and City Clerk were authorized to sign the agreement on behalf of the City. SAN JUAN CREEK ROAD IMPROVEMENTS - APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS (83) Written Communications: Report dated February 20, 1980, from the Director of Public Works regarding the proposed application of slurry seal to San Juan Creek Road from Valle Road to its easterly terminus, and subsequent traffic striping. -8- 2/20/80 226 Following clarification that the restriping includes the bicycle lanes as approved by Council, it was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to approve the plans and specifications and to authorize the call for bids. ADMINISTRATIVE ITEMS CITY MANAGER 1. REQUEST FOR FINANCIAL ASSISTANCE FOR LAND USE LITIGATION (AGINS VS. CITY OF TIBURON) (76) Written Communications Report dated February 20, 1980, from the City Manager forwarding a letter dated February 8, 1980, from the Mayor of the City of Tiburon, California, requesting financial assistance in the case of Agins vs. City of Tiburon. The litigation concerns land use regulations and is to be heard by the United States Supreme Court. Authorization for Expenditure of Funds: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to authorize a contribution not to exceed $1,000 based upon actual costs incurred, and to authorize the City Manager to so inform the City of Tiburon. 2. REQUEST FOR CITY MAINTENANCE OF MINI -PARK (SAN JUAN BEAUTIFUL, INC.) (61) Written Communications: (62) Report dated February 10, 1980, from the City Manager forwarding a letter dated February 5th from Carolyn Nash, President of San Juan Beautiful, Inc., requesting that the City assume maintenance of the "Mini -Park" located at the corner of Camino Capistrano and Yorba Street. The organization has provided park maintenance since 1969 at a cost of approximately $650 per year. Council expressed their appreciation to San Juan Beautiful for their community efforts; Councilman Hausdorfer suggested that the park use should be continued and possibly improved. Assumption of Park Maintenance: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried that the City shall assume the maintenance of the "Mini -Park" using Public Works crews for this purpose. RECESS AND RECONVENE Council recessed at 8:55 P.M., and reconvened at 9:16 P.M. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. MEREDITH CANYON TRACTS 8087 AND 8319 - IMPROVEMENT BONDS (85) Written Communications: (1) Landscape Status Report dated February 20, 1980, from the Director of Community Planning and Development. With Council concurrence, Mayor Friess ordered the report received and filed. (2) Report dated February 20, 1980, from the Director of Public Works setting forth the status of slope repair in the Meredith Canyon development, as directed by Council on December 5, 1979. -9- 2/20/80 227 It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried that the improvement and grading bonds not be called at this time, but extended for an additional 60 days to April 21, 1980. 2. APPROVAL OF SECTOR "C" PLANS FOR COOK PARK (62) Written Communications: Report dated February 20, 1980, from the Director of Community Planning and Development regarding the park development plans submitted by Ortega Properties for the area known as Planning Sector "C." The area is bounded by the I-5 freeway, Calle Arroyo, La Novia Avenue, and the San Juan Creek. The project plans incorporate three activity areas which include exercise - areas, open fields, bike and equestrian trails, an equestrian center, multi-purpose athletic field and hard surface court and formal picnic area. Recommended approval of the development plans is based upon the following findings: (1) The plans are in substantial compliance with the previously approved area plans. (2) The plans are consistent with the intent and purpose of the 2.0 General Open Space and 2.3 Proposed Community Park designations. (3) The plans will be consistent with the revised C. Russell Cook Park Master Plan. (4) The Equestrian and Parks and Recreation Commissions have previously reviewed the development plans and have recommended approval. Applicant: Ortega Properties, 2915 Redhill, F-200, Costa Mesa 92627. Approval of Development Plans: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to approve the development plans for Planning Section "C" of C. Russell Cook Park, subject to the following conditions: (1) Final working drawings shall be reviewed and approved by the Director of Community Planning and Development. (2) Construction of such facilities shall be completed prior to release of use and occupancy permits for those development parcels located immediately adjacent to the park site (i.e., the cottage -offices and easterly park area). 3. REQUEST FOR APPROVAL OF BEER AND WINE SALES (VERMEULEN RANCH MARKET) (26) Written Communications: (68) (1) Report dated February 20, 1980, from the Director of Community Planning and Development regarding the proposed off-site sale of beer and wine at Vermeulen's Ranch Market located on Del Obispo Street and within the AG General Agricultural District. (2) Memorandum dated January 29, 1980, from the City Attorney advising that the City Council may find that the Ranch Market is in fact a retail grocery although a non -conforming use and, therefore, permit off-site beer and wine sales. (3) Letter dated February 18, 1980, from Teresa Heckscher, President, Town Hall Association of San Juan Capistrano, Inc., opposing the request and stating that such sales would constitute an expansion of use requiring a General Plan Amendment and zone change. -10- 2/20/80 Applicant: Charles Vermeulen, 11591 Cielo Place, Santa Ana 22� 92705. Discussion: Councilman Hausdorfer noted that the request would not involve an expansion of the store area and that the Agricultural Preservation Committee concurs in approval of the request. In response to Mayor Friess, the City Attorney advised that the City is merely permitting the use; the sales would be licensed by the State Alcoholic Beverage Control Board following posting of the property and a hearing on the request. Councilman Thope commented that agricultural preservation would probably not be enhanced by such sales and stated opposition to leaving the decision to the ABC. Approval of Request: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze to determine that the proposed off-site sale of beer and wine is not an expansion of the existing non -conformity in use provided there is no physical enlargement of floor area and to approve the request subject to the approval of the Alcoholic Beverage Control Board. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess NOES: Councilmen Thorpe and Buchheim ABSENT: None DIRECTOR OF PUBLIC WORKS 1. CONCEPTUAL REVIEW OF GRADING PLANS, TRACT 9784 (MISBIN) ' (25) Written Communications: (85) Report dated February 20, 1980, from the Director of Public Works providing background information on the grading plans for Tract 9784 in the Alto Capistrano area of the City currently in the final plan check process, as requested by Council on January 23, 1980. Bill and Carol Deacon, 33681 Calle Miramar, addressed the Council to state concerns with possible street and sidewalk realignments at the property and possible slope slippage; Association approval would be required. The Director of Public Works advised that any surplus land would either be offered as public right-of-way or offered to the Deacons as additional slope lot area. Council concurred with the request of Councilman Thorpe that staff report on all aspects of the public facilities to be provided by the development such as the park and retention basin, the need for such facilities and possible budget impacts. Council requested receipt of the information prior to June 20th, the deadline for either action on the final tract map or granting of an additional extension. It was moved by Councilman Buchheim, seconded by Councilman . Hausdorfer and unanimously carried to receive and file the report from the Director of Public Works. 2. STORM DAMAGE REPORT (80) Written Communications: Report dated February 20, 1980, from the Director of Public Works citing reported damage to public and private property as of February 13th from heavy rain storms. The Director of Public Works advised that local damage is probably in excess of $200,000. -11- 2/20/80 229 There was a concurrence of Council that the report be received and filed. (36) Council commended the Public Works Director, Public Works crews and Water District staff for their efforts in alleviating problems, noting that the City has only 13 Public Works members in the field on a 24-hour basis. Oso Creek Damage: Mayor Friess requested that a meeting be scheduled to review _ the damage, and the City Manager advised that a field trip is being scheduled with members of the County soils conservation unit, San Juan Basin Authority, Corps of Engineers, Board of Supervisors, Council, staff, and William Bathgate, owner of the property along Oso Creek. - 3. RETENTION OF CONSULTANT GEOTECHNICAL SERVICES REVIEW OF GLENDALE FEDERAL DATA (38) Written Communications: (37) Report dated February 20, 1980, from the Director of Public (46) Works advising that the consultant for Glendale Federal properties has recently submitted complex geotechnical data for City review which may cause significant effects on the land use planning of the area. Retention of professional services for data review is proposed at an estimated cost of $9,000-$12,000 payable from the Professional Services Account of the Building and Grading Division budget. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the proposal dated February 6, 1980, from D. A. Evans, Inc., 23011 Moulton Parkway, Laguna Hills, and to authorize the City Manager to execute an agreement on behalf of the City. — 4. APPROVAL OF INSTALLED TILE ROOFING RECONSTRUCTION OF WALNUT GROVE RESTAURANT (25) Written Communications: (1) Report dated February 20, 1980, from the Director of Public Works providing background information on the reconstruction of the Walnut Grove Restaurant, 26871 Ortega Highway, which suffered a major structural fire on July 20, 1979, that burned away most of the roof. Due to apparent misunderstandings, a roof tile was installed without approval of the type or color of tile by the Planning Department, which requesting posting of a Notice to Correct Work on February 7th. (2) Letter dated February 8, 1980, from Fred L. Newhart, Jr., owner of the property, requesting that the Notice to Correct Work be lifted and the tile approved as installed. Fred Newhart, Sr., 31478 Oro Place, addressed the Council in support of the request. Approval of Roofinn g Material: It was moved by Coucilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the roof tile as installed on the Walnut Grove Restaurant and to direct that the Notice to Correct Work be lifted. 5. REPLACEMENT OF DAMAGED VEHICLES - APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS (75) Written Communications: (79) Report dated February 20, 1980, from the Director of Public Works advising that two City -owned vehicles were damaged -12- 2/20/80 230 beyond repair during the January 29, 1980, flooding of the SERRA Treatment Plant. Approval of Specifications: It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to approve the specifications for purchase of one 1 -ton dump truck and one 1/2 -ton pickup truck, to authorize the Director of Administrative Services to call for bids, and to authorize the transfer of $19,000 from the Treatment Plant contingency fund; the damaged vehicles are to either be sold or declared as salvage. 6. PURCHASE OF REPLACEMENT VEHICLES - FOR BIDS (74) Written Communications: (75) Report dated February 20, 1980, from the Director of Public Works forwarding specifications for purchase of two replacement vehicles, one 1 -ton dump truck and one 1/2 -ton pickup truck, for the Public Works Department; funds are available in the 1979-80 budget. Approval of Specifications: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the specifications and to authorize the Director of Administrative Services to call for bids; the excess vehicles are to either be sold or declared as salvage. 7. PARRA ADOBE RENOVATION - ORDER NO. 2 (23) Written Communications: (38) Report dated February 20, 1980, from the Director of Public Works advising that renovation of the Parra Adobe has revealed that new flooring must be installed and rotten ceiling joists replaced at an additional cost of $3,000. Approval of Change Order No. 2: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve Change Order No. 2 for additional materials and work in the amount of $3,000 for the Parra Adobe Restoration project. 8. APPROVAL OF APPLICATION FOR GRANT FUNDS FOR VAREDA BIKEWAY (41) Written Communications: (62) Report dated February 20, 1980, from the Director of Public Works advising that due to time constraints application had been made for Federal Surface Transportation Assistance Act Funds in the amount of $30,000 for construction of 600 lineal feet of in -channel shelf trail and ramps along San Juan Creek and Interstate 5, which will link Camino Capistrano with the proposed Vareda Bikeway along San Juan Creek. The application deadline was February 15th. Retroactive Approval of Application: It was moved by Councilman Shwartze, seconded by Councilman Buchheim and unanimously carried to approve the application for Surface Transportation Act funds for the Vareda Bikeway retroactively to February 15, 1980. 9. VACATION OF PUBLIC RIGHT-OF-WAY (VERMEULEN) (91) The Director of Public Works advised that this item would be submitted at a later date, pending staff review. -13- 2/20/80 �31 COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF ACTIONS OF FEBRUARY 11, 1980 Written Communications: Report dated February 20, 1980, from the Director of Community Planning and Development summarizing the actions taken by the Planning Commission at the meeting of February 11th. Councilman Buchheim questioned the proposed Commission policy statement regarding a cobblestone appearance for open downdrains on manufactured slopes; Councilman Schwartze advised that the Commission had toured the Anaheim Hills development where this type of drain is installed. _ It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to order the report received and filed. COUNCIL ACTIONS 1. APPOINTMENT TO THE TRAFFIC AND TRANSPORTATION COMMISSION (23) Written Communications: Report dated February 20, 1980, from the City Manager forwarding applications on file for appointment to the Commission. There was a concurrence of Council that action be deferred to a later date and that the City Clerk re -advertise the Commission vacancy. 2. APPOINTMENT TO THE DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE (23) No applications having been received, there was a concurrence of Council that the roles of the Downtown Committee and the Economic Development Committee be scheduled for discussion on March 19, 1980. CITY COUNCIL POLICY MANUAL - APPROVAL OF GENERAL ADMINISTRATIVE POLICIES (32) Written Communications: (69) Report dated February 20, 1980, from the City Manager forwarding proposed policy statements formulated by staff, Commissions and Boards for the purpose of efficiently and effectively carrying out City Council policies and mandates. Such policies may be adopted, amended or deleted only by majority vote on a policy scheduled on the City Council Agenda. General Administrative Policies: (1) City Offices - Hours of Operation: Councilman Thorpe requested further evaluation of the hours City offices are open to the public and suggested that the offices be open one extra hour per week for the benefit of working people. Council concurred that the matter be reconsidered at a later date. (2) Agenda Approval: Council concurred with Councilman Thorpe that the following sentence be added: "Any Council person may request that an item be placed on the Agenda when the Agenda scheduling deadlines are met." (3) Anonymous Letters: Council concurred with Councilman Thorpe that the following phrase be added: -14- 2/20/80 232 "however, any communication addressed to an individual Council Member shall be duplicated for their information" and that the following sentence be added: "Anonymous communications shall not be considered as evidence in any matter." (4) Out -of -State Travel on City Business: Council concurred with Councilman Thorpe that the following sentence be added: "The City Manager shall give prior notice to the City Council whenever leaving the State." (5) Council and Staff Travel Expenses: Following discussion of a possible per diem allowance, Council concurred with Councilman Schwartze that the new travel expense form be utilized prior to further considera- tion. Approval of General Administrative Policies: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the General Administrative Policies as submitted and including the amendments cited above, with the proposed policy on office hours to be considered at a later date. REMARKS 1. FLOOD DAMAGE FROM BEAR BRAND RANCH DEVELOPMENT (80) Council concurred with Councilman Buchheim's request that the Director of Public Works meet with Robert Hill, the developer of the Bear Brand Ranch development, to discuss flood damage caused to existing residences in the City, with consideration given to posting a stop work order until hydrology is investigated. 2. SCHEDULING OF HILLSIDE GRADING OPERATIONS (25) Councilman Buchheim suggested that the City consider scheduling the time of year during which hillside grading is to be allowed due to recent mudslide damage. 3. LOS CORRALES DRAINAGE SYSTEM (80) Council concurred with Councilman Thorpe's request that evaluation of the Los Corrales drainage system be scheduled for the March 5th Agenda. 4. SCHOOL DISTRICT POOL FACILITIES (78) Councilman Thorpe advised that area residents paid into Capistrano Unified School District Service Area #19 for swimming pools at San Clemente and Dana Hills High Schools; since a pool has not been constructed at Capistrano Valley High School, the existing pool facilities should be shared at no cost to residents. 5. LANDOLF DEVELOPMENT AT VIA CALIFORNIA/CAMINO LAS RAMBLAS (58) Councilman Hausdorfer requested that the Director of Community Planning and Development respond to the letter dated February 15, 1980, from Supervisor Riley regarding the property being developed at the intersection of Via California and Camino Las Ramblas. -15- 2/20/80 233 6. LEAGUE OF CALIFORNIA CITIES ACTIVITIES (61) Councilman Schwartze advised that most Orange County cities had recently voted for continuance of item pricing in super- markets and that the Coastal Commission role in local government is to be discussed. 7. PUBLIC FACILITIES COMMITTEE (23) Councilman Thorpe requested that use of the Rotary Club Scout Hut located at E1 Horno and La Matanza Streets be scheduled for the City Council Agenda of March 19, 1980. EXECUTIVE SESSION Council recessed to Executive Session at 11:00 p.m., the City Clerk being excused therefrom, and reconvened at 11:50 p.m., with Council Members Hausdorfer, Thorpe, Buchheim and Mayor Friess present. Councilman Schwartze left the meeting at 11:45 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:55 p.m., to the next regular meeting date of Wednesday, March 5, 1980, at 7:00 P.M., in the City Council Chamber. ATTEST: KENNETH E. FR ESS, MAYOR Respectfully submitted, 'MARY ANN ANN NOVER, CITY CLERK -16- 2/20/80