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78-0816_CC_Minutes_Regular Meeting1'7 AUGUST 16, 1978 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 7:04 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Esther Martin, Baha'is of San Juan Capistrano. ROLL CALL PRESENT: Kenneth E. Friess, Mayor James F. Thorpe, Mayor pro tem Lawrence F. Buchheim, Councilman Gary L. Hausdorfer, Councilman Phillip R. Schwartze, 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/City Engineer; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Cheryl Johnson, Deputy City Clerk. MINUTES Regular Meeting of August 2, 1978: It was moved by Councilman Schwartze, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of August 2, 1978, be approved with the following correction to Page 9, Resolutions, Item 1, City Hall Remodel, third line, $150,000 to be corrected to $115,000. 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 Thorpe, 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 PRESENTATIONS AND COMMENDATIONS 1. RESOLUTION COMMENDING PLANNING COMMISSIONER GEORGE RILEY (36) Mayor Friess read the Resolution in full commending George Riley for his service to the City. Mr. Riley served on the Architectural Board of Review from August 25, 1970, to October 6, 1974, and on the Planning Commission from April 8, 1974, until his resignation effective July 27, 1978. It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following Resolution be adopted: -1- 8/16/78 RESOLUTION NO. 78-8-16-1, COMMENDING GEORGE W. RILEY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING GEORGE W. RILEY The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Mayor Friess expressed the Council's appreciation and presented the Resolution to Mr. Riley. 2. RESOLUTION COMMENDING PLANNING COMMISSIONER JOHN TAYLOR (36) Mayor Friess read the Resolution in full giving posthumous recognition and praise to John Taylor for his service to the City. Mr. Taylor was a member of the Traffic and Transportation Commission from February 4, 1976, until September 1, 1976, and a member of the Planning Commission from September 1, 1976, until his death on July 28, 1978. It was moved by Councilman Buchheim and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 78-8-16-2, COMMENDING JOHN D. TAYLOR - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING JOHN D. TAYLOR The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ORAL COMMUNICATIONS 1. CONDEMNATION OF SEWER LINE - RECONSIDERATION OF ACTION (VILLAGE SAN JUAN HOMEOWNERS ASSOCIATION) (25) Jack Wilson, President of Village San Juan Homeowners Association, requested an opportunity to address this matter when it appears on the Agenda. Mayor Friess informed Mr. Wilson that the only action proposed to be taken was to rescind the Resolution and set a hearing date. 2. COMMISSION REPRESENTATION (23) Dennis Johnson, Member of the Traffic and Transportation Commission, advised that he was present to answer any questions regarding recommendations made to the Council. 3. ANNEXATION AGREEMENT - BEAR BRAND RANCH, PARCEL 5A (21) The following persons requested an opportunity to address this matter when it appears on the Agenda: (1) Norlyn Dull, 25962 Calle Aspero; (2) Don Markowski, 32022 Paseo de Allesandro; (3) Ernest Chapman, 25961 Calle Aspero. -2- 8/16/78 PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 78-1 (KING) (46) This Public Hearing was continued from the meeting of August 2, 1978, for further evaluation. The Director of Community Planning and Development reiterated the concerns that were discussed at the meeting of August 2nd regarding the public facilities/school site and the Open Space designation on McCracken Hill. He offered an alternate to the Open Space designation; that being to designate the area a Special Study area and rezone it to Growth Management. This would leave the issue of density to a Special Study; and, under Growth Management zoning, an applicant could present Council with a request for density determination. If the density could be justified, a rezoning could occur without the need for a General Plan Amendment. Mr. Merrell advised that if the General Plan Amendment is approved, Mr. King will apply for a Planned Community zoning. Mr. Merrell presented copies of a map showing the proposed Special Study area. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open and inquired if anyone in the audience wished to address the Council. The following persons responded: (1) Phil Kilbride, P. O. Box 783, requested an opportunity to review the map received by Council and to address the Council after that review. (2) Charles Buell, 33905 Calle Acordarse, expressed his support of anything that would alleviate the traffic problems on Via de Agua. (3) Phil Kilbride, land owner, questioned the procedures that would be followed for lot splits if the Special Study designation is approved. (4) Richard Overton, 25291 Swan Way Court, Dana Point, asked for a clarification of the proposed Special Study designation and Growth Management zoning and how they would affect development of his property. (5) Woody Dike, consultant for Mr. Overton, 580 Broadway, Suite 218, Laguna Beach, questioned the processing of projects under the proposed change. (6) Ed Haworth, Haworth/Anderson/Lafer, 31706 Pacific Coast Highway, South Laguna 92677, stated his support of the plan as proposed and noted he is available to answer any questions. There being no one else wishing to address the Council, Mayor Friess closed the Public Hearing with the right to re -open. Mayor Friess suggested dealing with the Environmental Impact Report first, then considering the proposal in three parts: Forster Canyon, McCracken Hill, and Window Hill. Acceptance of Environmental Impact Report: Councilman Thorpe expressed concern with the circulation; with the intent for recontouring or preserving the ridgeline; that the Environmental Impact Report had not been updated since Proposition 13 had been passed; and, that a policy for usable open space and maintenance costs had not been addressed. Mayor Friess expressed concern that the problems of sewage disposal and the McCracken Hill and Forster Road inadequacies should be addressed. -3- 8/16/78 20 It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to determine that the Environmental Impact Report is adequate, noting that its acceptance is not to be construed as concurrence with all information contained in the report nor as approval or denial of the General Plan Amendment. Forster Canyon: The Council discussed their concerns with the proximity of the proposed intersection to Valle Road and suggested that it be addressed. They further discussed the ability of the proposed circulation to alleviate the traffic problems on Via de Agua and circulation problems within the area. Public Hearing Re -Opened: Mayor Friess re -opened the public hearing and the following persons addressed the Council. (1) Richard Overton stated that the proposed Special Study designation and the procedures that would be followed thereafter were compatible with his desires. (2) Oystein Husoe, land owner on McCracken Hill, addressed the Council regarding the effects of the proposed Special Study designation. There being no one else wishing to address the Council, Mayor Friess closed the Public Hearing. McCracken Hill: The Council expressed concern regarding the quasi -industrial designation as it relates to the taxing structure and revenue producing business. Mr. Merrell concurred that there is a need for accurate information with regard to the tax base due to passage of Proposition 13. Mr. Merrell noted the impacts of the Plan on the valley adjacent to McCracken Hill and the amount of grade and fill that will be needed. Mayor Friess questioned whether the comments about the circulation and septic tanks would be added to the text of the Plan; Mr. Merrell affirmed that they would. The Mayor explained that he felt potential property owners should be aware of the need to tie into the sewer system when possible and that the road will need to be brought up to standard. Window Hill: Councilman Hausdorfer reiterated the findings of the Via de Agua Study Committee regarding Routes D, E and F, and expressed doubt that the proposed connection to San Juan Creek Road would alleviate traffic problems in Alto Capistrano. He expressed support for the original Route D and noted his concerns with the alignment of Route D, the school site location and the noise impact on Alto Capistrano. Councilman Thorpe stated his negative reaction to the Plan was due to the lack of a workable circulation system and the grading on Window Hill. Mayor Friess and Councilman Buchheim concurred that the proposed General Plan Amendment is better than the existing General Plan designations. Mayor Friess suggested that within the text a statement be made that it would be the intent of the City that the major circulation backbone be constructed as a unit. S= 8/16/78 mi Approval of General Plan Amendment 78-1: It was moved by Councilman Buchheim and seconded by Councilman Schwartze that the following Resolution be adopted with changes suggested by Council: RESOLUTION NO. 78-8-16-3. GENERAL PLAN AMENDMENT /0-1 \A11yu) - ti AZDULU'1'1U1v Ur Tnr: l.l'1Z l.UU1vl.1L U THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CITY'S GENERAL PLAN FOR 479+ ACRES LOCATED ON THE EAST SIDE OF INTERSTATE 5 BETWEEN FORSTER CANYON ROAD AND CAMINO LAS RAMBLAS The Director of Community Planning and Development asked if the motion included the following: (1) That a text amendment would be made to designate the Bridges/Overton and Kilbride parcels as a Special Study area to be implemented with a Growth Management or Specific Plan zoning to allow the landowner to justify higher density requests; (2) That the developer be required to pay for Capital Improvement Projects associated with mitigating impacts created by the project; i.e., signals or flood control; (3) That it is the obligation of the developer to provide a public facility site free -of -charge and that the ultimate location be subject to change; (4) That the General Plan does not account for the need for development to ultimately connect to the sewer on McCracken Hill; and, (5) That the first phase of the development shall meet all City requirements including dual access and a completely constructed circulation system. Councilman Buchheim agreed that his motion included the listed changes. The Director of Community Planning and Development suggested that the concerns should be drafted and referred to the Planning Commission with a report back to Council. The Mayor questioned the City Attorney as to the proper procedure for taking action on the resolution or referring it back to the Planning Commission. The City Attorney stated that the Council should take action and if the action is at variance with the recommendation of the Planning Commission, it should go back to the Planning Commission. The Mayor clarified that the Planning Commission would consider the Council amendments; the City Attorney concurred. (6) Councilman Schwartze suggested that the proposed Planned Community zone request include a fiscal impact report and phasing plan for Capital Improvements. Councilman Buchheim concurred. The motion carried by the following vote: AYES: Councilmen Schwartze, Buchheim and Mayor Friess NOES: Councilmen Hausdorfer and Thorpe ABSENT: None -5- 8/16/78 22 RECESS AND RECONVENE The Council recessed at 9:20 P.M., and reconvened at 9:40 P.M. RESOLUTIONS 1. ADOPTION OF SEWER BOND TAX RATE, FISCAL YEAR 1978-79 (86) It was moved by Councilman Thorpe and seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 78-8-16-4, ADOPTING SEWER BOND TAX RATE - FISCAL YEAR 1978-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING AND IMPOSING AN AD VALOREM SEWER BOND TAX RATE FOR THE 1978-79 FISCAL YEAR The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution sets an ad valorem sewer bond tax rate of $0.07 for each $100 of assessed valuation for general obligation bond redemption. 2. ADOPTION OF CONTINGENCY GENERAL FUND TAX RATE, FISCAL YEAR 1978-79 (86) Proposal: Adoption of a Resolution establishing an ad valorem General Fund tax rate of 824 to be imposed upon legal invalidation of the Proposition 13 initiative. If the initiative is upheld in the courts, the Resolution would be null and void. Council Discussion: Councilman Thorpe asked why the rate needed to be set. He was informed that it is a protective measure, since due to State Code, a tax rate must be set by September lst of each year. If Proposition 13 is invalidated, the City will have a tax rate to go into effect; the rate can be amended at any time. Adoption of General Fund Tax Rate of 754: Councilman Thorpe stated it would be a good faith gesture to lower the proposed tax rate, and suggested 754. It was moved by Counciman Thorpe and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 78-8-16-5, ADOPTING GENERAL FUND TAX RATE - FISCAL YEAR 1978-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING AN AD VALOREM GENERAL FUND TAX RATE AT SEVENTY-FIVE CENTS ($0.75) PER ONE HUNDRED DOLLARS ($100.00) OF ASSESSED VALUE TO BE IMPOSED UPON LEGAL INVALIDATION OF THE STATE-WIDE INITIATIVE PROPOSITION 13 The motion carried by the following vote: -6- 8/16/78 23 AYES: Councilmen Hausdorfer, Thorpe, and Buchheim NOES: Councilman Schwartze and Mayor Friess ABSENT: None 3. REQUEST FOR RECONSIDERATION OF RESOLUTION NO. 78-8-2-2 (25) Proposal: To rescind the Council action of August 2nd in adopting Resolution No. 78-8-2-2, Condemnation of Sewer Line Easement for Sanitary Sewer Purposes, to implement notification procedures and set a hearing for the matter for September 20th. Written Communications: (1) Report dated August 16, 1978, from the Director of Public Works, forwarding the letters of request for reconsideration from the Board of Directors of Village San Juan Homeowners Association, Inc., 26383 Shadybrook Road and Lee H. Durst, Attorney at Law, P. O. Box 5432, Fullerton, 92635. Hearing Date Set: The City Attorney requested that the Council not rescind the Resolution adopted August 2nd, noting that the Council could take that action at a later date. The City Manager noted that Mr. Mogan, the developer, had expressed the hope that the hearing date could be set for September 6th. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to direct staff to contact the President of the Board of Directors of the Village San Juan Homeowners Association regarding preference for a hearing date and then to set the hearing; no action is to be taken until that time. Notification: In response to Mayor Friess, the City Attorney clarified that the Homeowners Association is the only one that legally needs to be notified, but that for non -legal reasons the homeowners should be notified. Mayor Friess indicated his understanding that staff would provide the Association with copies of the notice for distribution by the Homeowners Association to the homeowners. 4. SISTER CITY AFFILIATION WITH GOYA, ARGENTINA (34) It was moved by Councilman Thorpe and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 78-8-16-6, SISTER CITY - GOYA, ' ARGENTINA - A RESOLUTION OF THE CITY COUNCIL THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE INVITATION OF THE CITY OF GOYA, ARGENTINA, FOR A SISTER CITY AFFILIATION The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution declares a Sister City affiliation on an informal basis. Goya is the location of the cliff swallow winter habitat following their annual departure from San Juan Capistrano. -7- 8/16/78 5. APPROVAL OF APPLICATION FOR OPEN SPACE AND RECREATION GRANT FUNDS (LOS RIOS PARK) (23) It was moved by Councilman Thorpe and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 78-8-16-7, APPROVING APPLICATION FOR LUb Klub YAKA - H Kr1bULUTIUN UrThr; Ul'1'Y I:UUWl:1L Ur - THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM - LOS RIOS PARK The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution approves the filing of an application for $280,000 in grant funds to acquire 10.45 acres for the Los Rios Park. 6. APPROVAL OF (23) It was moved by Councilman Thorpe and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 78-8-16-8, APPROVING APPLICATION FOR LAND AND WATER CONSERVATION GRANT FUNDS - LOS RIOS PARK - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS - LOS RIOS PARK PROJECT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution approves the filing of an application for $495,250 in grant funds for land acquisition for the Los Rios Park. CONSENT CALENDAR It was moved by Councilman Thorpe and seconded by Councilman Schwartze that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilman Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -8- 8/16/78 25 1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JULY 31, 1978 (41) The City Treasurer's Report of Investments as of July 31, 1978, is approved as submitted. 2. CITY TREASURER'S REPORT OF 1911 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of July 31, 1978, is approved as submitted. 3. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF JUNE 30, 1978 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the twelve-month period ending June 30, 1978, is approved as submitted. 4. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF AUGUST 8, 1978 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of August 8, 1978, is ordered received and filed. 5. FINAL REPORT AND NOTICE OF COMPLETION - REPAIR OF HORNO CREEK SEWER DAMAGE (CAPPELLO) (80) The following Resolution is adopted: RESOLUTION NO. 78-8-16-9, COMPLETION OF REPAIR TO HORNO CREEK SEWER - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED FOR THE CONSTRUCTION OF THE HORNO CREEK SEWER The Resolution accepts the work and directs that a Notice of Completion be forwarded to the County Recorder within 10 days. Current Payment status is as follows: Total project costs $12,067.09 Less 10% retention 1,206.71 Total due to date 10,860.38 Previous progress payments -0- Amount Due $10,860.38 Staff is authorized to release the amount due of $10,860.38 and hold the 10% retention of $1,206.71 until 35 days after recordation of the Notice of Completion. The project was completed under a force account; the City is expecting reimbursement from the Federal Disaster Assistance Agency. 6. FINAL REPORT AND NOTICE OF COMPLETION - MAJOR STREET REPAIRS (GRIFFITH COMPANY) (83) The following Resolution is adopted: RESOLUTION NO. 78-8-16-10, COMPLETION OF MAJOR STREET REPAIRS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF MAJOR STREET REPAIRS The Resolution accepts the work and directs that a Notice of Completion be forwarded to the County Recorder within 10 days. Current payment status is as follows: -9- 8/16/78 Total project costs $18,072.62 Less 10% retention 1,807.26 Total due to date 16,265.36 Previous progress payments -0- Amount Due $16,265.36 Staff is authorized to release the amount due of $16,265.36 and hold the 10% retention of $1,807.26 until 35 days after recordation of the Notice of Completion. The project was completed as a Capital Project; $30,000 was budgeted in the 1977-78 fiscal year. The money has been encumbered into the current fiscal year. 7. APPROVAL OF FINAL PARCEL MAP, DIVISION OF LAND 78-1 (HENSON) (85) The Final Map for Division of Land 78-1 is approved with the determination that the Map is consistent with the General Plan and in substantial compliance with the approved tentative map. All fees have been paid and the following Certificate of Deposit posted: Certificate of Deposit No. 298276, dated July 24, 1978, in the amount of $2,175 drawn on the Bank of America. The Certificate expires July 24, 1979. 8. ACCEPTANCE OF (85) The following Letters of Credit from the Bank of America (38) are extended to March 31, 1979: Grading (No. SBLA-75823) $ 66,700 Labor & Material - Public Improvements (No. SBLA-75820) 23,500 Monumentation (No. SBLA-75819) 1,000 Total $100,200 9. ACCEPTANCE OF SEWER EASEMENT, TRACT 76 1-11-1 (85) The sewer easement through Lot 18, Tract 7673, granted (91) to the City from Mission Woods, a California General Partnership, is accepted. The easement is needed due to restoration of the Harrison House in Tract 7673. The City Clerk is authorized to record the Easement Deed. APPROVAL OF WARRANTS (41) Following clarification of Warrants Nos. 14838, 14822 and 14904, it was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried that the List of Demands dated August 16, 1978, Warrants Nos. 14820 through 14940, inclusive, in the total amount of $246,026.05, be approved as submitted. TREE REMOVAL PERMIT, TRACT 9682, LOT NO. 7 (LYLES) (85) Proposal: (74) Request for removal of approximately 120 citrus trees to allow construction of a driveway and single family residence on the east side of Cook Lane, Lot 7, Tract 9682. The removal of the trees would allow the owner to implement his own landscaping plan. Three avocado trees and one cherimoya tree are located on the property and will be preserved. -10- 8/16/78 2'7 Applicant: M. Lyles, 500 South Citron, Anaheim, California. Written Communications: (1) Report dated August 16, 1978, from the Director of Community Planning and Development, forwarding a recommendation of approval subject to approval of a detailed landscape plan for the property prior to issuance of any building permit. (2) Report dated August 16, 1978, from the Director of Community Planning and Development, forwarding a revised recommendation that only those citrus trees directly impacted by grading necessary to locate the house be approved for removal. Confirmation of Tree Inspector's Decision: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to confirm the decision of the Tree Inspector with regard to this application. Polic on Citrus Tree Removals: Councilman Buchheim suggested that obviously dead trees be taken out without a permit; that there may be a County law that if the tree reaches a certain diseased state, the removal can be enforced. With the concurrence of Council, Mayor Friess directed the Tree Inspector to study the problem and make recommendations regarding the problems with dead citrus trees and possible program of enforcement of the preservation of groves. TREE REMOVAL PERMIT, TRACT 9382 LOTS NOS. 51-54 (MAURER) (85) Proposal: (74) The removal of 15 trees along the rear yard area of Lots 51 through 54, Tract 9382. The trees had been designated on the tree removal plan to be preserved; however, the precise grading plan indicates that the grade of the rear lot areas will be approximately 12 to 15 feet below the existing elevation. Thirty-two eucalyptus trees will replace the existing trees. Written Communications: (1) Report dated August 16, 1978, from the Director of Community Planning and Development forwarding the Tree Inspector's recommendation of approval to remove the trees subject to the required addendum to the landscape plan attached as Exhibit A. Council Discussion: Council expressed concern that the trees were to have been preserved and it is now necessary to remove them. Councilman Buchheim noted that the Environmental Review Board determined that the trees had been improperly located on the plans. Confirmation of Tree Inspector's Decision: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to receive and file the report. SUBDIVISIONS AND ANNEXATIONS 1. ANNEXATION AGREEMENT - BEAR BRAND RANCH - PARCEL 5A (21) Proposal: Approval of an Agreement to giving authorization to the upon a determination by the the improvement permits for may be issued. Thereafter, prezoning of the property to annex Bear Brand Ranch Tract 9390, Mayor to sign the Agreement Director of Public Works that Calle Aspero and Calle Ricardo the City will initiate a 100 -EL (Large Estate). -11- 8/16/78 28 Written Communications: (1) Report dated August 16, 1978, from the Director of Community Planning and Development, forwarding a synopsis of City requirements for access and the actions necessary to meet those requirements; and, an agreement to annex the property to the City. (2) Revised Agreement, amending Section E, Page 2, to require that the Bear Brand Ranch Company provide a 35 -foot radius turnaround, or provide for a future connection to a future street commonly known as the Crumrine extension. Council Discussion: _ Council discussed their concerns regarding the protection of the City during the annexation process. (1) Bob Hill, President of Bear Brand Ranch Company, 250 Newport Center Drive, Newport Beach, advised that he was present to answer any questions. (2) Norlyn Dull, 25962 Calle Aspero, addressed the Council regarding his concern for access to the property and concerns for City protection in the event the annexation does not go through. (3) Ernest Chapman, 25961 Calle Aspero, expressed his concern about access through Crumrine Road and construction traffic on Calle Aspero; and improvement of Calle Aspero. (4) Don Markowski, 32022 Paseo de Allesandro, concurred with the concerns expressed by Mr. Dull and Mr. Chapman. Approval of Annexation Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that the Agreement to Annex Real Property be approved, and that the Mayor be authorized to execute the document within 5 days after determination by the Director of Public Works that the street improvement permits for Calle Aspero and Calle Ricardo may be issued; further, that a prezone of the subject property to 100 -EL be initiated and the Planning Commission authorized to commence public hearings. Councilman Buchheim requested that staff investigate an access problem on property previously designated Sacarama Lane for Mr. Ron Lyons, 31801 Via de Linda. Councilman Thorpe suggested that the Bear Brand Ranch Committee be continued in order to keep Council apprised of the progress and concerns associated with this project. _ ADMINISTRATIVE ITEMS CITY MANAGER 1. AUTHORIZATION TO HIRE ENGINEERING AIDE FOR TRAFFIC SAFETY GRANT (66) Council received copies of a report dated August 16, 1978, from the City Manager requesting concurrence from the City Council of the City Manager's approval to hire an Engineering Aide for one year in conjunction with the Pedestrian and Bicycle Safety Program grant approved by Council on July 19th. -12- 8/16/78 29 Authorization to Hire Engineering Aide: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to concur with the City Manager's approval to hire an Engineering Aide for a one year period of time, the exact dates to be flexible. MULTI -MODAL TRANSPORTATION TERMINAL (88) Mr. Mocalis noted that he had received a telephone call from Al Jiminez advising him that donations from merchants in the downtown area had been received for the $2,500 half of the multi -modal study costs. ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES 1. SCHEDULE OF BUDGET HEARINGS (24) Council received copies of a report dated August 16, 1978, from the Director of Administrative Services, forwarding the proposed schedule of budget hearings; and, a memorandum from the City Manager, dated August 16th, forwarding a list of projects for Council prioritization. Mr. Hale noted that the Systems Development Tax scheduled for hearing on September 13th had been rescheduled to October 25th. The report was submitted for information only; budget hearings will commence September 13th, with budget adoption scheduled for October 25th. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. RESOLUTIONS AUTHORIZING AND APPROVING PROJECT CTTRMTMMAT.0 - PrnPRTIT. ATT) TTR1iDT7 PATT1 PTMTnTVr (44) Council received copies of a report dated August 16th, from the Director of Public Works, forwarding three projects for submittal for FAU funding: Camino Capistrano bridge at San Juan Creek (widening); Camino Capistrano from Del Obispo to Ortega Highway, and from San Juan Creek Road to Aeropuerto (resurfacing); and, Junipero Serra Bridge at Trabuco Creek and Atchison, Topeka and Santa Fe Railroad (bridge construction). Staff recommended that only the Camino Capistrano bridge and the Camino Capistrano resurfacing be submitted, due to financial constraints. It was moved by Councilman Schwartze, and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 78-8-16-11 PADRE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF CAMINO CAPISTRANO The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -13- 8/16/78 30 The Resolution approves submittal of a project to widen the Camino Capistrano bridge; the City's estimated cost is $129,200; the total estimated cost is $760,000. It was moved by Councilman Schwartze and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 78-8-16-12, FEDERAL AID URBAN PROGRAM - CAMINO CAPISTRANO (ORTEGA HIGHWAY TO DEL OBISPO AND SAN JUAN CREEK ROAD TO AVENIDA AEROPUERTO) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF CAMINO CAPISTRANO The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution approves submittal of a project to resurface Camino Capistrano from Ortega to Del Obispo, and from San Juan Creek Road to Aeropuerto. The City's share is estimated at $6,800; the total estimated cost is $33,200. 2. AUTHORIZATION TO COMMENCE DESIGN OF TRAFFIC SIGNAL - DEL OBISPO AT ALIPAZ (82) Council received copies of a report dated August 16, 1978, (68) from the Director of Public Works requesting authorization to commence preliminary design for plans and specifications for the traffic signal at Del Obispo and Alipaz. Funds have been advanced from the developer of the Casitas de Alipaz apartment complex, who will ultimately fund the entire project. Authorization to Commence Design: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to authorize the City Engineer to commence preliminary design for plans and specifications for the traffic signal at Del Obispo and Alipaz. Councilman Hausdorfer suggested the press be made aware of the status of the above-mentioned traffic signal. 3. APPROVAL OF AMENDED BUDGET - SERRA PROJECT COMMITTEE NO. 3 (LEASE AND OPERATION OF OCEAN OUTFALL) (79) Council received copies of a report dated August 16th from the Director of Public Works advising that a rent adjustment was passed by the Board of Directors of SERRA for Project Committee No. 3, the Lease and Operation of the Existing Ocean Outfall. By action of June 21st, the Council deposited $8,549 with SERRA for the City's share of the Project Committee No. 3 budget; due to the rent adjustment, an additional $3,392.40 is required, for a total of $11,941.40. The City annually receives 45.25% of the amount collected as rent on the ocean outfall. The City will receive $23,651.27 as the yearly rental fee from SERRA; the City's assessment for Project Committee No. 3 is $11,941.40, which leaves a net revenue of $11,709.87. -14- 8/16/78 31 Approval of Revised Budget: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the revised budget expenditure for Project Committee No. 3 in the amount of $3,392.40, said funds to be expended from the operating expense of the Sewer Enterprise Fund. 4. AUTHORIZATION AND AGREEMENTS FOR CORRECTIVE WORK REGARDING SLIDE DAMAGE - DEL OBISPO STREET (80) Council received copies of a report dated August 16, 1978, from the Director of Public Works advising of the status of storm damage repairs. A public hearing on storm damage repairs was held on June 21st; as a result of that meeting private property owners were notified of their obligation. Two projects are to be coordinated by Public Works: a sidewalk slide, North Del Obispo; and, a drainage ditch slide, South Del Obispo. The South Del Obispo slide repair is eligible for reimbursement from the Federal Disaster Assistance Administration. The North Del Obispo slide repair, on private property, will be funded by the property owners. The City will provide administrative services for the restoration as a public service. An Agreement To Do Corrective Work Resulting from Storm Damage, whereby the property owner will reimburse the City for their share of the cost of the corrective work, is forwarded with the staff report for approval. Approval of Agreement To Do Corrective Work: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried that the Agreement for authorization to do corrective work, with in-house efforts provided as a public service by the City, be approved. The Mayor is authorized to sign the Agreement and the City Clerk to attest thereto. COUNCIL ACTIONS 1. APPOINTMENT OF TWO PLANNING COMMISSION MEMBERS (68) Councilman Thorpe nominated Mary Morgan Abe; Councilman Schwartze nominated Michael Imlay; Councilman Buccheim nominated Anthony Bland; Councilman Thorpe nominated Mary Jane Forster. Mayor Friess drew names and took a roll call vote on the candidates, as follows: For the appointment of Mary Jane Forster: AYES: Councilman Thorpe NOES: Councilmen Hausdorfer, Schwartze, Buchheim, and Mayor Friess ABSENT: None For the appointment of Mary Morgan Abe: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None For the appointment of Michael Imlay: -15- 8/16/78 32 AYES: Councilmen Hausdorfer, Schwartze and Thorpe NOES: Councilman Buchheim and Mayor Friess ABSENT: None For the appointment of Anthony Bland: AYES: Councilman Buchheim and Mayor Friess NOES: Councilman Hausdorfer and Schwartze ABSTAIN: Councilman Thorpe ABSENT: None Mary Morgan Abe, 25662 Spinnaker Drive, and Michael Imlay, 26591 Briarwood Lane, received the majority vote and were appointed to the Planning Commission. Both appointees are to file a Statement of Economic Interest 10 days prior to taking office. Their terms will expire April 30, 1979, in accordance with Ordinance No. 321. VACANCY ON ARCHITECTURAL BOARD OF REVIEW (23) Council noted that there is a vacancy on the Architectural Board of Review due to the appointment of Michael Imlay to the Planning Commission. Vacancy notices will be posted and applications for appointment accepted. 2. APPOINTMENT OF MEMBER TO DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE (68) Councilman Hausdorfer nominated Barbara Davies; Councilman Buchheim nominated David Peace. Mayor Friess took a roll call vote on the nomination of Barbara Davies; the vote was as follows: AYES: Councilmen Hausdorfer and Schwartze NOES: Councilmen Thorpe, Buchheim and Mayor Friess Mayor Friess took a roll call vote on the nomination of David Peace; the vote was as follows: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None David Peace, 29546 Westmont Court, received the majority vote and was appointed to the Downtown Plaza and Parking Study Committee. It was the consensus of the Council that the Planning Commission make an appointment to fill the Committee vacancy created by the death of John Taylor. COUNCIL REMARKS 1. LEAGUE OF CALIFORNIA CITIES (61) Councilman Hausdorfer suggested that he become the Alternate Delegate to the League of California Cities and Councilman Schwartze the Regular Delegate. Council concurred. -16- 8/16/78 33 2. PROPOSED REARRANGEMENT OF TELEPHONE DIRECTORY YELLOW (27) Councilman Hausdorfer commented on the negative impacts of the rearrangement of the yellow pages of the Orange County and Orange Coast South directories as applied for by the Pacific Telephone and Telegraph before the Public Utilities Commission. The City Manager is to draft a letter to the Public Utilities Commission for the Mayor's signature setting forth Council's concerns. 3. BUSINESS LICENSES (26) Councilman Thorpe commented on the sale going on in front of the Rosenbaum home on Rancho Viejo Road and requested staff investigation in terms of a business license to conduct the activity. 4. SYSTEMS DEVELOPMENT TAX (86) Mayor Friess noted a letter received from Mr. Erickson regarding the effect of the Systems Development Tax on Lot 2, Tract 9204, Tierra del Caballo. The Mayor directed that a finding of applicability be made by the City Manager. 5. EARTH STOCKPILE (25) Councilman Hausdorfer commented on a stockpile of dirt in the stable area off Ganado Road and requested staff investigation. EXECUTIVE SESSION The Council recessed to Executive Session at 11:43 P.M., the Deputy City Clerk being excused therefrom, and reconvened at 12:15 A.M., Thursday, August 17, 1978. TERMINATION OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT (CETA) (38) It was moved by Councilman Thorpe, seconded by Councilman (66) Hausdorfer and unanimously carried that the CETA program be terminated. The employees in permanent, budgeted positions are to be given permanent employment status; those in unbudgeted positions are to be given two weeks notice, with the exception of employees in the School District who may be allowed employment until September 30th, at which time the Capistrano Unified School District may pick up their employment. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:20 A.M., Thursday, August 17, 1978, to the next regular meeting date of Wednesday, September 6, 1978, at 7:00 P.M., in the City Council Chamber. ATTEST: KENNETH E. FRIESS, MAYOR Respectfully submitted, MARY ANN HANOVER, CITY CLERK CHERYL JO SO DEPUTY CITY CLERK -17- 8/16/78