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79-0103_CC_Minutes_Regular Meeting167 JANUARY 3, 1979 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Friess at 7:15 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Chris Lenocker, Community Presbyterian Church. 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; Mary Ann Hanover, City Clerk. MTNTTTES Regular Meeting of December 6, 1978: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of December 6, 1978, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Adjourned Regular Meeting of December 7, 1978: It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the Minutes of the Adjourned Regular Meeting of December 7, 1978, 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 Hausdorfer, seconded by Councilman Schwartze that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -1- 1/3/79 168 PRESENTATIONS 1. CITIZEN OF THE YEAR AWARD - CAPISTRANO VALLEY LIONS CLUB (32) Darrel Carmichael, President of the Capistrano Valley Lions Club, advised that each year an outstanding member of the community is selected by the Club for receipt of the Citizen of the Year Award. Mr. Carmichael then presented the award in appreciation to Mayor Ken Friess. ORAL COMMUNICATIONS 1. ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES (74) The following persons addressed the Council: (1) Billy Reid, 27182 Ortega Highway, protested the inclusion of his property within the Assessment District; (2) Fred Grether, part owner of the Capistrano Inn, 27174 Ortega Highway, stated his objection to the construction of a street within the easement adjacent to his property and that of Mr. Reid; (3) Ilse Byrnes, Chairman of the Equestrian Commission, requested an opportunity to address the matter at the time it is considered by Council. 2. TRAFFIC CHANNELIZATION - ORTEGA HIGHWAY/AVENIDA SIEGA (85) The following persons requested an opportunity to address this matter at the time it is considered by Council: (1) Mel Rosenbaum, P.O. Box 85; (2) Leif Erickson, 19052 Lamplighter Lane, Yorba Linda; (3) Frank Sanabeck, owner of Tract 9204; (4) Mrs. J. C. Raymond, Oak Tree Stables. 3. COMMISSION REPRESENTATION (23) Jerry Kaufman, Member of the Traffic and Transportation Commission, advised that he was present to answer any questions with regard to recommendations made to Council. WRITTEN COMMUNICATIONS 1. REQUEST FOR RATE INCREASE - TM COMMUNICATIONS (43) Council received copies of a letter dated December 1, 1978, from Richard E. Young, Vice President, TM Communications, 3303 Harbor Boulevard, Costa Mesa, requesting approval of new rates and charges for cable television service including increases in residential service charges from $6.75 to $7.50 per month. With the concurrence of Council, Mayor Friess directed that the request be placed on the Agenda for the meeting of February 21. The staff report is to include review of: (1) rate structures for both TM Communications and Storer Cable TV; (2) the method of determining service areas; and, (3) the franchise fees charged and whether the fees are reasonable taking into consideration the use of public facilities, as suggested by Councilman Thorpe. -2- 1/3/79 169 2. ORANGE COUNTY HEALTH PLANNING COUNCIL - DELEGATE RECOMMENDATIONS (59) Council received copies of a letter dated October 3, 1978, from Pauline K. Leonard, the City's representative to the Health Planning Council Assembly of Delegates, recommending that health facilities and services be reviewed and that health-related projects be initiated and supported. Council reviewed each item and re -affirmed the City's position as appropriate. The suggested physical fitness parcourse is to be listed on the Agenda for the January 17th joint meeting with the Parks and Recreation Commission; preventive services in areas of nutrition and emergency care for senior citizens are to be reviewed and their availability made known to the public. 3. RIO VISTA HOMEOWNERS ASSOCIATION - USE OF COMMON AREAS, TRACT 7159 (61) Council received copies of a letter dated December 11, 1978, from Pat Douglas, Director -Secretary, Rio Vista Homeowners, regarding use of common areas owned by the Association and including the suggestion that their Lot "D" should become the responsibility of the City due to its use by other properties. With the concurrence of Council, Mayor Friess referred the letter to the Planning Commission and City Attorney for report at the meeting of February 7th with consideration of Councilman Thorpe's suggestion that the feasibility of using the lot for the Head Start Program be investigated. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 78-2/79-1, THE RANCH (CONTINUATION) (46) This Public Hearing was continued from the Council meeting of December 6, 1978, and therefore, the proposed General Plan Amendment is redesignated as Amendment No. 79-1. Councilman Buchheim stepped down from the dais due to his ownership of a parcel of land within the project area. Written Communications: (1) Report dated January 3, 1979, from the Director of Community Planning and Development; (2) Memorandum dated December 28, 1978, from the Traffic and Transportation Commission in support of construction of Horno Creek Road. Public Hearing (continuation from December 6, 1978): Notice having been given as required by law, Mayor Friess re -opened the Public Hearing with the request that only new information be submitted, and the following persons addressed the Council: (1) Michael Berns, Chairman of the Planning Commission, advised that the Commission had amended the conditions regarding helicopter hill so that if that area is developed, it would fall under the guidelines of the future hillside regulations; he is not opposed to the project, but ridgeline procedures should be followed; (2) George Riley, applicant, noted that he was not in attendance at the Commission meeting when the conditions were amended; the Director of Community Planning and -3- 1/3/79 4 170 Development advised that discussion had occurred during review of the Commission Minutes and was not a scheduled item. (3) Bob Davies, Member of the Planning Commission, cited the benefits of the project and spoke in support of the deletion of Horno Creek Road; (4) Ilse Byrnes, Chairman of the Equestrian Commission, requested assurance that the riding/hiking trails are dedicated and developed in compliance with the General Plan and Land Use Management Code; (5) Wade Cable, representing the adjacent Fredericks development, spoke in opposition to the deletion of Horno Creek Road; (6) Bill Gardner, 30231 Silver Spur Road, stated that the area known as helicopter hill is a designated protected ridgeline and that any grading was done over 20 years ago; further, Commission and Council Minutes of General Plan Amendment 75-1 make no mention of changing the ridgeline designation. Discussion ensued and the Director of Community Planning and Development advised that it has been determined that the map was amended at the time of General Plan Amendment 75-1 as a result of Council direction, but the Resolution of approval makes no reference to the specific ridgeline; Commissioner Davies responded that it was his belief that the designa- tion was changed when the General Plan was originally adopted. (7) Carol Heim, 32012 Paseo de Hermosa, spoke in support of the project as a means of providing permanent open space and in support of the deletion of Horno Creek Road as a means of preserving the creek; (8) Dennis Johnson, representing the Traffic and Transportation Commission, spoke in opposition to the deletion of Horno Creek Road since the roadway would provide adequate access and traffic circulation in the City and stressed the need for completion of the roadway as a commuter with dedicated right-of-way; (9) Mary Jane Forster, 31312 Guadalupe, spoke in support of the project and suggested use of Agricultural Preservation Fund monies to relocate Horno Creek Road; (10) Jerry Kaufman, Member of the Traffic and Transportation Commission, spoke in opposition to the deletion of Horno Creek Road since it would serve as access to the Fredricks and Honeyman properties; otherwise, Highland Drive would be the sole access. In response to Councilman Thorpe, it was clarified that as shown on the County Master Plan of Highways, the roadway would also serve the O'Neill Ranch property east of the City limits; further, if the roadway is deleted, the City could lose County highway improvement funds. (11) Bruce Church, 26851 Canyon Crest Road, President of the San Juan Alliance of Homeowners, spoke in support of the project and the deletion of Horno Creek Road and noted his concern that riding and biking trails be open to the public; Mr. Church also suggested that grading include formation of berms to reduce the visual effects between housing. -4- 1/3/79 171 (12) Gep Durenberger, business owner at 31431 Camino Capistrano, spoke in support of the project; (13) Eldon Cutler, 30171 Silver Spur Road, spoke in support of the project, but stated that ridgeline designations should be consistent and questioned the scale of housing height on the ridge; (14) George Riley, developer, stated he had no further comment. In response to Councilman Hausdorfer, Mr. Riley advised that traffic could be diverted to Highland Drive as it leaves the Fredricks development and that Rancho Viejo Road could be utilitzed from Avery Parkway. Councilman Thorpe asked about comments relating to limiting the hours of access to trails, Mr. Riley stated that the trails would not be closed to access and that there was no problem with locations of trails. There being no further response, Mayor Friess declared the Hearing closed. Council Discussion: Mayor Friess reviewed the alternatives for Council action due to the question of ridgeline designation for the Heli- copter Hill area and advised that Council could: (1) refer the matter to the Planning Commission; or, (2) approve the plan in concept separating out Helicopter Hill as a study area for consideration of removal of the designation. RECESS AND RECONVENE Council recessed at 9:15 P.M., and reconvened at 9:38 P.M. Certification of Environmental Impact Report: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer to certify the Environmental Impact Report submitted for General Plan Amendment 79-1 as adequate and accepted as a final Report. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, and Mayor Friess NOES: None ABSENT: Councilman Buchheim Horno Creek Road: Councilman Thorpe cited positive effects of the deletion of Horno Creek Road. By utilizing Avery Parkway, properties to the east of the City will have a lesser impact on City traffic circulation; the project is a unique opportunity for agriculture preservation, which is not compatible with an arterial roadway. Councilman Hausdorfer noted that there will be a break- through barrier at the road to provide emergency access. Approval of General Plan Amendment 79-1: The City Manager recommended that the Resolution approving the Amendment be effective January 18, 1979, to allow the City Attorney sufficient time to complete research on the General Plan designation of the Helicopter Hill area. It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following Resolution be adopted: -5- 1/3/79 172 RESOLUTION NO. 79-1-3-1, GENERAL PLAN AMENDMENT 79-1 (THE RANCH) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 79-1 (THE RANCH) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, and Mayor Friess NOES: None ABSENT: None ,\ The Resolution approves the land use designations shown on Exhibit "A" including the visual impact overlay for the Helicopter Hill area; approves the complete deletion of Horno Creek Road from the Composite Land Use Map and General Plan Circulation Element; approves the revised alignments and classification of Rancho Viejo Road, Calle Arroyo, Avery Parkway, and La Pata Avenue as shown on Exhibit "B"; requires dedication and improvement of riding/hiking and bicycle trails pursuant to the General Plan and Land Use Management Code. The Resolution is effective as of January 18, 1979. Staff is directed to work with the applicants to find the most equitable means of preserving agricultural uses in perpetuity; the methods of doing so are to be included in the precise plan. Councilman Buchheim then rejoined the proceedings. 2. FEDERAL FLOOD HAZARD STUDY - RECEIPT OF PUBLIC COMMENT (89) Notice having been given as required by law, Mayor Friess opened the Public Hearing on the Federal Flood Hazard Study which outlines the boundaries of the 100 -year floodplain in conjunction with City participation in the National Flood Insurance Program. The data is also used to calculate flood insurance premium rates. There being no one wishing to address the Council, Mayor Friess declared the Public Hearing closed and, with the concurrence of Council, ordered the report dated January 3, 1979, from the Director of Public Works received and filed. 3. DIVISION OF LAND 78-4 (HUS (85) Proposal: A division of 1.9 acres of land located on McCracken Hill into 2 lots consisting of .929 acres and 1 acre respectively; access would be provided from a private road extending from Valle Road. Applicants: Oystein and Celia Husoe, 27972 Calle Belmonte, San Juan Capistrano. Written Communications: (1) Report dated January 3, 1979, from the Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission on December 12, 1978. 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. -6- 1/3/79 173 It was moved by Councilman Schwartze and seconded by Councilman Thorpe that the Resolution approving the Division of Land with conditions be adopted. The motion failed by the following vote: AYES: Councilmen Schwartze and Hausdorfer NOES: Councilmen Thorpe, Buchheim and Mayor Friess ABSENT: None Council Members cited their concerns that the McCracken Hill area cannot sustain underground water resulting from septic tank systems. Councilman Buchheim noted if geology reports indicate that the property can support the septic system, he would vote for approval. The Director of Public Works advised that such restraints should apply at the building permit stage rather than during consideration of the division of land and suggested that the applicant waive any protest to participation in an assessment district for public sewer purposes. Councilman Thorpe stated that Council should also consider prohibiting sprinkler systems in the area due to the cumulative effect of ground water. Oystein Husoe, the applicant, addressed the Council and stated that he had agreed to all City conditions and to participate in the public sewer system at such time as it is installed. It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to reconsider the matter. Approval of Division of Land 78-4: It was moved by Councilman Buchheim and seconded by Councilman Schwartze that the following Resolution be adopted, as amended: RESOLUTION NO. 79-1-3-2 U1V1J1V1V Vt' LHNL /6-4 \riUJVL'f - H Kry:J UL U'1'.LV1V THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR DIVISION OF LAND 78-4, A PROPOSAL TO SUBDIVIDE 1.9 ACRES OF LAND INTO TWO LOTS, ONE OF .929 ACRES AND ONE OF 1.00 ACRES The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Buchheim NOES: Mayor Friess ABSTAIN: Councilman Thorpe ABSENT: None The Resolution is amended to include conditions requiring connection to the public sewer system and participation in an assessment district to provide the system. Staff is to report further on formation of an assessment district for the McCracken Hill area. RESOLUTIONS 1. ESTABLISHMENT OF MOBILE HOME PARK REVIEW COMMITTEE (23) Proposal: Formation of the Mobile Home Park Review Committee on an ad hoc basis, as directed by Council, for the purpose of gathering information on matters of concern relating to mobile homes and submitting reports and recommendations thereon. -7- 1/3/79 174 Written Communications (1) Report dated January 3, 1979, from the City Attorney forwarding a proposed Resolution setting forth the composition of the members and general duties. Formation of Committee: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted, as amended: RESOLUTION NO. 79-1-3-3, MOBILE HOME PARK REVIEW COMMITTEE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A MOBILE HOME PARK REVIEW COMMITTEE The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The amendments as requested by committee members include changing the phrase "mobile park tenants" to "mobile home owners" and the inclusion of the words "park rules" in Section B.1., Function of Committee. BIDS, CONTRACTS, AGREEMENTS 1. ORTEGA HIGHWAY INTERCONNECT SYSTEM FOR TRAFFIC SIGNALS AWARD OF CONTRACT (STEINY AND COMPANY, INC.) (82) Proposal: Award of bid for the installation of an interconnect system for traffic signals on Ortega Highway from Interstate 5 to Del Obispo Street. Written Communications: (1) Report dated January 3, 1979, from the Director of Public Works forwarding the results of bids received on December 13, 1978. Award of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to award the contract to the low bidder, Steiny and Company, Inc., of Anaheim, California, in the total amount of $16,532 and to reject all other bids received; the transfer of an additional $2,500 from the Gas Tax Fund to the capital project is authorized for a total budget allocation of $17,500. The Mayor and City Clerk are authorized to execute the contract on behalf of the City. CONSENT CALENDAR It was moved by Councilman Thorpe 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 -8- 1/3/79 175 1. APPROVAL OF WARRANTS (41) The List of Demands dated January 3, 1979, Warrants Nos. 15601 through 15745, inclusive, and 1911 Act Account Warrant No. 0230, in the total amount of $680,293.82, is approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF NOVEMBER 30, 1978 (41) The City Treasurer's Report of Investments as of November 30, 1978, is approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF NOVEMBER 30, 1978 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of November 30, 1978, is approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH AS OF OCTOBER 31, 1978 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the four-month period ending October 31, 1978, is approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF DECEMBER 5, 1978 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of December 5, 1978, is ordered received and filed. 6. REPORT OF PLANNING COMMISSION MEETING OF DECEMBER 12, 1978 (67) The Report of Actions taken by the Planning Commission at the meeting of December 12, 1978, is ordered received and filed. 7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETING OF DECEMBER 7, 1978 (23) The Report of Actions taken by the Traffic and Transportation Commission at the meeting of December 7, 1978, is ordered received and filed. 8. 1979 WEED ABATEMENT SERVICES - APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS (74) The specifications for 1979 weed abatement services are approved (38) and the City Clerk is authorized to accept bids, as set forth in the report dated January 3, 1979, from the Director of Public Works. 9. AUTHORIZATION TO ATTEND SEMINAR DIRECTOR OF ADMINISTRATIVE SERVICES (41) The Director of Administrative Services is authorized to attend the Continuing Education for Public Officials seminar -workshop sponsored by the University of Southern California at Idyllwild, January 14-19, 1979, at a cost of $420, as set forth in the report dated January 3, 1979, from the City Manager. 10. RESOLUTION OF COMMENDATION - PLANNING COMMISSIONER FELTMAN (36) The following Resolution is adopted commending Kenneth 0. Feltman, who served on the Planning Commission from September 13, 1965, to April 27, 1970: -9- 1/3/79 176 RESOLUTION NO. 79-1-3-4, COMMENDING KENNETH 0. FELTMAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING KENNETH O. FELTMAN 11. TREE REMOVAL PERMITS - AGUACATE ROAD, CAMINO CAPISTRANO AND PARRA ADOBE (74) This item has been rescheduled for the meeting of January 17, 1979. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF DECEMBER 11, 1979 - ZONING AND (23) The report dated January 3, 1979, from the City Clerk/Equestrian Commission Secretary was removed from the Consent Calendar for discussion of the equestrian lots in Tract 9373 (Los Corrales). Councilman Hausdorfer advised that the Commission is concerned since the lots are incapable of handling horses and, with the concurrence of Council, Mayor Friess referred the matter to staff for a report and overall recommendation regarding ES zoning for consideration of an amendment to the Land Use Code to provide that such lots will in fact contain sufficient net footage to support equestrian use. Councilman Hausdorfer also noted concerns that in the Maurer development a new trail is planned in an area containing an existing trail. CLAIM FOR DAMAGES (SERRA TREATMENT PLANT) (35) It was moved by Councilman Thorpe, seconded by Councilman Buchheim and carried unanimously to deny the Claim filed on November 29, 1978, by Attorney Alexander Bowie on behalf of the South East Regional Reclamation Authority for damages to the SERRA Treatment Plant allegedly occurring on August 21, 1978, in the approximate amount of $15,000, and refer the Claim to the City's insurance carrier, as set forth in the report dated January 3, 1978, from the City Clerk. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. MEREDITH CANYON LANDSCAPING, TRACTS 8087 AND 8319 - (85) With the concurrence of Council, Mayor Friess directed that the Report dated January 3, 1979, summarizing the current status of the slope landscaping program be received and filed. 2. INITIATION OF GENERAL PLAN AMENDMENT 79-2 (46) Proposal: Review of the following petitions for General Plan Amendments for the following items: A. Van Roekel, et al., a City -initiated change in land use designations from residential to a designation which would permit zoning for commercial recreation and institutional land uses for property located north of the City limits. The item was previously included in General Plan Amendment 78-3 and is re -designated as Amendment 79-2. -10- 1/3/79 1'7"7 B. Kon-Struct All, a request for a change in land use designation from residential to General Commercial for property located north of Junipero Serra between Camino Capistrano and Interstate 5. Written Communications: (1) Report dated January 3, 1979, from the Director of Community Planning and Development recommending that Item A be included in the Amendment and that Item B not be included in the Amendment since the proposal is to establish a general commercial area beyond the scale of a neighborhood convenience center in an area which would be in conflict with policy found on Page 7 of the General Plan. Councilman Buchheim noted that Attachment A of the report is in error since the Williams and Swanner properties are not included within the study area. Initiation of General Plan Amendment 79-2: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried that General Plan Amendment 79-2 be initiated including only Item A, Van Roekel, et al., as set forth in the report, with the notation that initiation of the General Plan Amendment does not imply the City's intent to approve all or part of the Amendment. The proposed Amendment is referred to the Planning Commission for review and recommendation. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. ORTEGA PROPERTIES ASSESSMENT DISTRICT 78-3, APPROVAL OF REZONE AND PROCEEDINGS (74) Proposal: Approval of a rezone from Growth Management to Planned Community for 73 acres of property bounded by Interstate 5, Ortega Highway, Windsong Drive and San Juan Creek channel known as Ortega Properties and approval of Assessment District proceedings. Applicant: Tarnutzer-Hamilton Development, Inc., 2915 Redhill, Costa Mesa 92627. Written Communications: The Director of Public Works reviewed the procedures as set forth in the following reports: (1) Report dated January 3, 1979, entitled "Ortega Properties Assessment District 78-3" briefly summarizing the pro- cedures necessary to continue the proceedings for the assessment district and forwarding a letter dated December 27th from Byron M. Tarnutzer, applicant, citing their progress in acquiring the properties and the status of the development; (2) Report dated January 3, 1979, entitled "Rezone 78-1 - Consideration of Adoption of Ordinance No. 379" and forwarding a letter dated December 11, 1978, from the applicant stating that the development firm will provide the following requirements as directed by the City Council on October 18, 1978: (a) Cashier's Check for $150,000 for completion of engineering design work for public improvements; (b) Legal documentation that the applicant will become a majority property owner: -11- 1/3/79 178 (c) Execution of an agreement with the City to waive opposition to the Assessment District; (d) Submission of a Master Development Plan. (3) Report dated January 3, 1979, entitled "Review of Debt Limit Report;" (4) Report dated January 3, 1979, entitled "Authorization to Request Proposals for Construction Design and Right -of -Way Engineering." Approval of Rezone 78-1: It was clarified that the applicant's check in the amount of $150,000 had been received, as well as copies of all escrow papers, the Master Plan of Development, and a proposed Agreement to participate in the assessment district. The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was introduced at the regular meeting of June 7, 1978. It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Ordinance be adopted: ORDINANCE NO. 379, REZONE 78-1 (ORTEGA PROPERTIES) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THAT PORTION OF LAND BOUNDED BY INTERSTATE 5 (WEST), ORTEGA HIGHWAY (NORTH), WINDSONG DRIVE AND LA NOVIA AVENUE (EAST), AND THE SAN JUAN CREEX CHANNEL (SOUTH) EXCEPTING THOSE PARCELS IDENTIFIED AS ASSESSOR'S PARCELS NOS. 666-131-01, 666-131-02, 666-131-03, AND 666-131-04 FROM GM (GROWTH MANAGEMENT) TO PC (PLANNED COMMUNITY) AND INCORPORATING COMPREHENSIVE DEVELOPMENT PLAN CDP 78-1 AS PART OF THE PC (PLANNED COMMUNITY) ZONING The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Assessment District Boundary Map: Council received the map indicating the proposed boundaries of the assessment district, the extent of improvements to be made, and acquisition. In response to Councilman Hausdorfer, Mackenzie Brown, assessment attorney, advised that if the boundaries of the district are changed or modified, the debt report would be amended accordingly since the parcels assessed are those receiving benefit from the district. Fred Grether, owner of the Capistrano Inn, 27174 Ortega Highway, Parcel No. 666-131-02, protested the inclusion of his property within the assessment district and also requested elimination of the proposed "E" street since it only benefits parcels 4 and 6. Walter Hamilton, Ronald Martin and Associates, assessment engineer, clarified that the assessment in question includes street and San Juan Creek improvements, utility undergrounding and right-of-way acquisition. -12- 1/3/79 1'79 Councilman Hausdorfer suggested that consideration be given to excluding both the Grether and Reid properties from the district. Adoption of Boundary Map: It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-1-3-5, BOUNDARY MAP - ASSESSMENT DISTRICT NO. 78-3 - A RESOLUTION OF THE CITY COUNCIL ' OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MAP SHOWING THE GENERAL NATURE, LOCATION AND EXTENT OF THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVE- MENT AND SHOWING THE PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO BE ASSESSED FOR CERTAIN COSTS AND EXPENSES OF SAID IMPROVEMENT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 1 of Preliminary Determination and Preparation of Debt Report: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 79-1-3-6, PRELIMINARY DETERMINATION AND ORDERING DEBT REPORT PREPARATION - ASSESSMENT DISTRICT NO. 78-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ' COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Presentation and Approval of Debt Report and Hearing Date: Walter Hamilton presented the Investigation Report for the District pursuant to Division 4 of the Streets and Highways Code of the State of California, and summarized the improve- ments to be made and their costs and method of spreading the costs between the benefitting parties. Ilse Byrnes, Chairman of the Equestrian Commission, questioned the amount of open space and the acreage set aside for an equestrian facility. It was moved by Councilman Schwartze and seconded by Councilman ' Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 79-1-3-7, APPROVING REPORT AND FIXING DATE OF HEARING - ASSESSMENT DISTRICT NO. 78-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931", AND FIXING A DATE OF HEARING THEREON -13- 1/3/79 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution sets a public hearing date for February 7, 1979, at 7:00 P.M., in the Council Chamber as the time and place for any persons having objections or protests to the assessment district to appear and be heard. Budget Revision: _ Staff is directed to prepare a budget revision for Council consideration on February 7th to account for the intended City contribution for certain costs and expenses of the improvements in the estimated amount of $401,124.00, as set forth in Resolution 79-1-3-6. Authorization to Request Proposals for Design and Engineering: Council received copies of a report dated January 3, 1979, from the Director of Public Works requesting authorization to seek proposals for consultant engineering services for design of the assessment district improvements and the preparation of right-of-way documents, based upon the earlier deposit of $150,000 by Tarnutzer-Hamilton Development Company. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to authorize staff to distribute requests for proposals for the retention of consulting engineers to perform services as the construction design engineer and right-of-way engineer for Assessment District 78-3, Ortega Properties. COMMISSIONS, BOARDS, COMMITTEES TRAFFIC AND TRANSPORTATION COMMISSION 1. INTERSECTION CHANNELIZATION - TRACT 9204 (85) This item was continued from the meeting of December 6, 1978, (87) for further consideration. Council received copies of a letter dated December 28, 1978, from Leif Erickson, Managing Director, Tierra del Caballo Associates, providing background information and cost history of the intersection and in support of Avenida Siega as access to the Tract rather than diverting traffic through the adjacent Tract 8485. The following persons addressed the Council: (1) Leif Erickson, developer of Tract 9204; (2) Frank Sanabeck, owner of Tract 9204; (3) Mrs. Scott Raymond, owner of Oak Tree Saddle Club, stated they had not had problems with the intersection and that they had been advised that ingress and egress would be through Avenida Siega. (4) Mel Rosenbaum, owner of property at the intersection. -19- 1/3/79 181 Re -Striping of Ortega Highway: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried that re -striping be installed on Ortega Highway at Avenida Siega with an extended limit line. Mr. Rosenbaum is to be encouraged to prune the lower tree branches and to remove the existing panel fence in order to improve visibility at the intersection. COUNCIL ACTIONS 1. APPOINTMENT TO ORANGE COUNTY VECTOR CONTROL DISTRICT (57) Written Communications: (1) Report dated January 3, 1979, from the City Clerk advising that the 2 -year term of office of Jarold B. Cole, the City's representative to the Vector Control District, expired as of December 31st. It was moved.by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to re -appoint Mr. Cole for the next 2 -year term of office ending December 31, 1980. ACCEPTANCE OF RESIGNATION OF TRAFFIC COMMISSIONER NELSON (23) Written Communications: (1) Report dated January 3, 1979, from the City Manager forwarding a letter dated December 7, 1978, from Richard F. Nelson submitting his resignation as a Member of the Traffic and Transportation Commission effective January 1, 1979. It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to accept Mr. Nelson's resignation with regret and to direct that a Resolution of ' Commendation be prepared for the meeting of January 17th. 3. APPOINTMENT TO TRAFFIC AND TRANSPORTATION COMMISSION (RONALD FUCHS) (23) Written Communications: (1) Report dated January 3, 1979, from the City Manager forwarding the applications submitted for appointment for the Commission. It was moved by Mayor Friess, seconded by Councilman Schwartze and unanimously carried that Ronald L. Fuchs, 30982 Paseo Valencia, be appointed to fill the vacancy on the Traffic and Transportation Commission created by the resignation of Mr. Nelson. 4. APPOINTMENT OF REPRESENTATIVE TO SERRA (79) Written Communications: (1) Report dated January 3, 1979, from the City Manager forwarding applications submitted for appointment as the City's representative to the South East Regional Reclamation Authority Board of Directors. At the request of Councilman Thorpe, th and with concurrence of Council, Mayor consideration of an appointment be held has awarded the bid for the operation a the Treatment Plant scheduled for Janua is to continue receiving applications f e current representative, Friess directed that over until SERRA nd maintenance of ry 11th. The City or the position. -15- 1/3/79 182 COUNCIL REMARKS 1. DAMAGE TO LANDSCAPING AT SUNHOLLOW (85) Councilman Buchheim commented on the damage to landscaping at the SunHollow development and noted that power and sewer lines were severed. Mayor Friess requested a copy of a letter sent to the Homeowners Association by City Staff. 2. SAN JUAN CREEK (80) Councilman Thorpe requested that the berm along San Juan Creek replaced by Maurer Development Company and a 36" drainage pipe be checked. 3. PARKING - WESTPORT VILLAS (63) Councilman Thorpe requested that parking problems in the Westport Villas area be referred to the Traffic and Transportation Commission. 4. JONES SAND AND GRAVEL OPERATION (80) Councilman Thorpe requested that the Jones Sand and Gravel operation in San Juan Creek be checked as to grading, where the sand is going and payment. 5. CITY RETIREMENT FUND (66) In response to Councilman Hausdorfer, the City Manager advised that the City has not as yet made a comparison of costs of other retirement systems. 6. BLIND OLYMPICS The City Manager advised that to be held in Toronto, Canada, use of City funds. 7. SCHOOL DISTRICT BOUNDARIES support for the Blind Olympics would not be an appropriate (78) Councilman Hausdorfer noted his concerns with the proposed School District boundary re -alignment and suggested that the coordinator be contacted. 8. ENVIRONMENTAL REVIEW BOARD MINUTES MINI -WAREHOUSES (23) Councilman Hausdorfer noted his concerns with the numbers of mini -storage warehouses that are being constructed in the City. 9. COUNTY LIBRARY (52) Mayor Friess noted a letter received from stating that the County Library would not during 1979 and inquired into the status for the site. 10. CITY PROPERTY - GRAFFITI Supervisor Riley be constructed of the agreement (73) Mayor Friess requested continuing efforts to remove the graffiti recently painted on City property and homeowner association common walls. -1-6- 1/3/79 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:25 A.M., January 4, 1979, to the next meeting date of Wednesday, January 17, 1979. The meeting will commence at 5:30 P.M., for a meeting with Members of the Parks and Recreation Commission; the regular business meeting will commence at 7:00 P.M. ATTEST: r KENNETH E. FRIESS, MAYOR n Respectfully submitted, Y MARY ANN NOVER,�CITY CLERK -17- 1/3/79