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79-0221_CC_Minutes_Regular Meeting225 FEBRUARY 21, 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 7:07 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Councilman Gary Hausdorfer. 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; Larry Lawrence, Senior Planner; Tom Tomlinson, Associate Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of February 7, 1979: It was moved by Councilman Schwartze, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of February 7, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, and Mayor Friess NOES: None ABSTAIN: Councilman Buchheim ABSENT: None Adjourned Regular Meeting of February 13, 1979: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the Minutes of the Adjourned Regular Meeting of February 13, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, and Mayor Friess NOES: None ABSTAIN: Councilman Buchheim ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Buchheim that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -1- 2/21/79 226 PRESENTATIONS AND COMMENDATIONS 1. PROPOSED FORMATION OF ORANGE COUNTY STATE HIGHWAY DISTRICT (51) Ed Lyon, 405 Avenida Granada, San Clemente, representing the Citizens Advisory Committee of the Orange County Trans- portation Commission, addressed the Council and presented a report from the Commission in support of the creation of a separate State Transportation District for Orange County. The County is presently included within State District 7, which is composed of Los Angeles, Ventura, and Orange Counties. The proposed separation is for the purpose of increasing the number of State highway monies allocated to Orange County. Adoption of Resolution: It was moved by Councilman Schwartze and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 79-2-21-1, ORANGE COUNTY STATE HIGHWAY DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING LEGISLATION TO CREATE A NEW STATE HIGHWAY DISTRICT CONSISTING SOLELY OF ORANGE COUNTY The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 2. PROCLAMATION COMMENDING THE CAPISTRANO LIONS CLUB (36) Mayor Friess read in full the Proclamation commending the Capistrano Valley Lions Club for their community service activities, including the completion of the exterior of the Hot Springs Dance Hall building, donation of an organ for use at the Dance Hall, and the donation of the Game Mobile to the recreation program. Mayor Friess presented the Proclamation to Darrel Carmichael, Lions Club President, and Club Member Bud Hanson and expressed the City's appreciation for the many Club services which have benefitted the community. ORAL COMMUNICATIONS 1. SETTLEMENT OF GLENDALE FEDERAL SAVINGS AND LOAN LAWSUIT - PROTEST (BYRNES) (72) Roy L. Byrnes, M.D., 28355 Ortega Highway, former Mayor, read a statement dated February 19, 1979, addressed to the Council protesting the manner in which the Glendale Federal lawsuit was settled through negotiations in Executive Sessions and without input from previous members of the City Council and Planning Commission who were named as co-defendants in the lawsuit. Mayor Friess advised that the agreement reached between the two parties is a conceptual agreement only, environmental concerns will be dealt with through the normal process, and the City may continue the lawsuit at any time. Councilman Thorpe advised that it was a Court -imposed condition that discussions be held in Executive Session and that people have the legal right to challenge the Environmental Impact Report. -2- 2/21/79 227 2. STABLES ALONG TRABUCO CREEK - COMPLAINT (CHESTEK) (72) Blanche Chestek, 26438 Paseo Carmel, addressed the Council regarding the condition of the stables between Trabuco Creek and Avenida de la Vista and suggested that a charge of $25 be made for each Paramedic call and that those funds be used by volunteer sheriffs to provide enforcement. Mrs. Chestek also cited problems with persons destroying private property in her area. Mayor Friess advised that the City is in the process of recruiting for a Sheriff Reserve program. 3. MONTANEZ ADOBE (23) Forrest Dunivin, 33812 Valle Road, owner of the Montenez Adobe on Los Rios Street, addressed the Council and advised that he wished to work with the City to resolve any difficulties with the realignment of the properties on the westerly and southerly portions of the Montanez Adobe site. PRESENTATION BY ORANGE COUNTY FLOOD CONTROL DISTRICT (NELSON) (56) Carl Nelson, Assistant Director of the Orange County (39) Environmental Management Agency, addressed the Council at the invitation of the City and set forth his background in the Flood Control function and provided information on activities of the District. Mr. Nelson advised that, with regard to the Jones Sand and Gravel excavation in San Juan Creek, there is no plan, but a cross-section is available showing the maximum cut which would resemble a graded floodway; permits are accompanied by engineering detail to show that such operations will meet the needs for erosion and flood protection; the Jones permit was issued by the County subject to conditions which state there is no objection and the conditions include access, disturbance, noise, dust, and complying with all regulations of the local jurisdiction; therefore, the operation is almost exclusively under the jurisdiction of the City. In response to Council, Mr. Nelson clarified that the work had not been mandated by the County and that no recommendations are made by the County that the channels should be cleaned. Mayor Friess noted that the Council had not been aware of the extent of local control. Robert Bosanko, 27621 Avenida Larga, addressed the Council and presented a letter dated February 21, 1979, from the San Juan Hills East No. III Homeowners Association, urging that the Jones operation not be allowed to continue beyond the April 1st expiration of Conditional Use Permit 78-5. Several on-going violations of the permit conditions were cited, and Mr. Bosanko requested that those conditions be enforced. Council indicated that the Jones permit will not be continued beyond April 1, 1979, and that public hearings would be scheduled prior to issuance of any further permits. MOBILE HOME PARK REVIEW COMMITTEE 1. PROPOSED ORDINANCE (23) This item was taken out of order on the Agenda for the benefit of members of the audience. Proposal: onsideration of a proposed ordinance submitted by the Mobile Home Park Review Committee which would establish a Mobile Home Park Review Board with the authority to hold public hearings, review and make recommendations on issues relating -3- 2/21/79 to mobile home park living, and establish procedures for the issuance of new park rules and regulations, new assess- ments, and proposed space rent increases. Written Communications: (1) Report dated February 21, 1979, from the City Manager. Committee Member Bud Hanson addressed the Council and advised that the Committee had unanimously accepted the proposed ordinance in its present form as a workable document. Council commended the Members for their efforts on the Committee. Councilman Buchheim requested that copies of the proposed ordinance be placed at each of the mobile home _ parks in the City before the next City Council meeting. Council concurred with the suggestions of Mayor Friess that it would be appropriate to include a section in the ordinance to deal with enforcement and penalties, and that the City Attorney address the subjects of clean-up deposit fees and refunding mechanisms. Council also requested that the City Attorney provide an opinion by March 7th on provisions for sale of mobile home parks and right of first refusal. The City Manager advised that the proposed ordinance should be considered by the Environmental Review Board prior to further Council consideration. Mayor Friess then asked for comments from the audience relating only to possible changes to the ordinance or specific opposition, and the following persons responded: (1) Timothy Tierney, Attorney at Law, 4341 Birch Street, Suite 207, Newport Beach, representing the owner of the Rancho Alipaz mobile home park, statedopposition on philosophical, legal and economic grounds; total housing costs would not be controlled; a particular cost -of -living index should be selected for determining space rent increases. (2) Al Arps, 32302 Alipaz Street, Chairman of the San Juan Capistrano Mobile Home Council, spokesman for the mobile home park tenants present, stated that the Committee concurs with the direction from the City Council and staff and noted that the Mobile Home Council uses the words "stabilized housing costs" rather than "rent control". (3) Pat Kish, Member of the Review Committee. Continuation to March 7, 1979: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried that further consideration of the ordinance be scheduled for the meeting of March 7, 1979, as an urgency matter. RECESS AND RECONVENE Council recessed at 8:55 P.M., and reconvened at 9:10 P.M. ENVIRONMENTAL REVIEW BOARD 1. REVIEW OF GRADING ALTERNATIVES FOR RESERVOIR - (94) This item was taken out of order on the Agenda for the benefit of the persons in the audience. -4- 2/21/79 229 Proposal: A request from the Environmental Review Board for City Council review of alternative grading and construction plans submitted to Orange County Waterworks District No. 4 for a reservoir to be located on the designated ridgeline within Tract 6381. The Water Board had received bids on four alternatives, with the low bids ranging from $403,000 for a completely buried concrete reservoir to $180,630 for a steel reservoir placed on top of the ridge. Approval of Alternate No. 3: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to accept the recommendation of the Water Board and approve Alternate 3, as follows: Aboveground steel reservoir cut into the easterly side of the ridge. Low bidder - Pittsburg -Des Moines Steel, $180,630. Staff is directed to submit a strong landscaping concept to alleviate grading impacts, with consideration given to an earth -toned color to blend with the surrounding area. Councilman Thorpe suggested that consideration be given to joint uses for future reservoirs, such as recreational uses, in order to justify costs of burying the structures. Ray Woodside, Waterworks District Engineer, advised that owners of adjacent properties would be investigating such possibilities. WRITTEN COMMUNICATIONS PETITION FOR OF TRAFFIC S (82) With the concurrence of Council, Mayor Friess directed that (72) the petition submitted on February 13, 1979, by Michele Plotkowski, 31982 B Via Belardes, and signed by 26 residents requesting installation of a traffic signal at the intersection of Del Obispo Street and Via Belardes, be referred to the Traffic and Transportation Commission for recommendation and report. ?. STABLES ADJACENT TO AVENIDA DE LA VISTA - COMPLAINT (72) Mayor Friess directed that the letter dated February 12, 1979, from Pauline Alexander, be referred to the Land Use Coordinator for report to the Council on March 7th. PUBLIC HEARINGS (74) This Public Hearing is continued from the meeting of February 7, 1979. Councilman Buchheim stated for the record that he had listened to the tape recording of the February 7th meeting. Written Communications: (1) Report dated February 21, 1979, from the Director of Public Works advising that improvement modifications have been prepared and reflect the plan most acceptable to the affected property owners. Continuation of Protest Hearing: Notice of continuation having been given as required by law, Mayor Friess reopened the Hearing to receive protests or objections to the Debt Report and proposed construction and all related matters in Assessment District No. 78-3. -5- 2/21/79 230 Report of Protests: The City Clerk announced that one additional written protest had been received on February 21, 1979, from the Southern California District Advisory Board of the Church of the Nazarene, 524 East Chapman, Orange, for Assessment No. 2 in the amount of $420,349.06, and that copies of that protest had been delivered to each Member of the City Council. Hearing: The following persons addressed the Council: (1) Willian Marticorena, of the law firm of Rutan and Tucker, 401 Civic Center Drive West, Santa Ana, addressed the Council representing La Novia I, which had previously filed a protest for Assessment No. 17. Mr. Marticorena advised that an amendment to the development plan is being processed to obtain a more reasonable use of the property and thereafter the assessment will be re-evaluated. Percentage of Protests: The Director of Public Works advised that the owners of 14% of the area within the assessment district had filed protests. Staff recommends the modified improvement plan, Alternate "C", be adopted. With the concurrence of Council, Mayor Friess declared the Public Hearing closed. Adoption of Resolution Ordering Changes and Modifications: It was moved by Councioman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted with the incorporation of Alternate "C" into the development plans: RESOLUTION NO. 79-2-21-2, CHANGES AND MODIFICATIONS - AESEESMENT DISTRICT NO. 78-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None F. MacKenzie Brown, Assessment Attorney, advised that confirmation hearings will be held in six months and that property owners will have further opportunity to protest final costs and detailed plans and specifications. A formal presentation of the district will be made to Council prior to those public hearings. Denial of all Protests: It was moved by Councilman Schwartze and seconded by Councilman Buchheim to overrule and deny all protests as the protests are made by owners of less than 1/2 of the assessable area of property within the boundaries of the Assessment District. The motion carried by the following roll call vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None S:= 2/21/79 231 Adoption of Resolution Finding Project is Feasible: It was moved by Councilman Buchheim and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 79-2-21-3, FINDING OF FEASIBILITY - ASSESSMENT DISTRICT NO. 78-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THAT IMPROVEMENTS AND APPURTENANCES SUBSTANTIALLY AS SET FORTH IN THE REPORT FILED PURSUANT TO THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931", AND THAT THE PROJECT IS FEASIBLE, AND THAT THE LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE PROPOSED ASSESSMENT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Adoption of Amended Boundary Map: It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-2-21-4, AMENDED BOUNDARY MAP - ASSESSMENT DISTRICT NO. 78-3 - A RESOLUTION OF T CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING PROPOSED BOUNDARIES The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 2. ASSESSMENT DISTRICT 78-2, CAMINO CAPISTRANO - PROPOSED REMOVAL, RELOCATION OR RETENTION OF PALM TREES (74) This public hearing was continued from the meeting of February 7, 1979, for the purpose of receiving public response and possible solutions for preserving the six palm trees on the east side of Camino Capistrano. Written Communications: Mayor Friess read a letter dated February 21, 1979, from Carolyn Nash, President, San Juan Beautiful, Inc., recommending that the palms either be relocated to another site within the City or retained in place and incorporated into the landscaping plans for the assessment district. Public Hearing: Notice of continuation having been given, Mayor Friess opened the Public Hearing and, there being no response, declared the Hearing closed. The Director of Public Works advised that staff is continuing efforts to relocate the palm trees. Councilmen Hausdorfer and Buchheim noted that it may be preferable to leave the trees in place since the loss of five parking places would not have a significant effect on the improvement district. -7- 2/21/79 232 3 There was a consensus of Council that the matter be left to the discretion of the Director of Public Works, with a report to be made to Council prior to a final decision being made. TENTATIVE PARCEL MAP 852 - AUTO DEALERSHIPS/ (85) Proposal: A division of approximately 23.2 acres of land into three parcels with a minimum lot size of 6.03 acres for property located adjacent to Interstate 5 between San Juan Creek and the Ortega Highway and within the area of the Ortega Planned Community. The parcel contains the prospective sites for auto dealerships within Planning Section B. Applicant: Landmark Investments, 150 South Robles Avenue, Suite 740, Pasadena 91101. Written Communications: (1) Report dated February 21, 1979, from the Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission on February 13, 1979. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open; and, there being no response, closed the Hearing. Approval of Tentative Map: It was moved by Councilman Schwartze and seconded by Councilman Hausdor£er that the following Resolution be adopted: RESOLUTION NO. 79-2-21-5, TENTATIVE PARCEL MAP 852 (SWEENEY/KING) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 852, A SUBDIVISION OF 23.2+ ACRES INTO THREE (3) PARCELS LOCATED ADJACENT TO THE EAST SIDE OF INTERSTATE 5 BETWEEN SAN JUAN CREEK AND ORTEGA HIGHWAY The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution approves the land division subject to the following conditions: (1) The applicant shall enter into an agreement which waives opposition to formation of Assessment District 78-3. (2) All development plans shall be designed in accordance with the approved area plan for Planning Sector B of Comprehensive Development Plan 78-1 (Ortega Planned Communities) . (3) Approval of Tentative Parcel Map 852 shall not be construed as approval of any specific land use for the subject parcel. -8- 2/21/79 231L (4) Further subdivision of the subject parcel shall not be approved until the area plan for Planning Sector B, Comprehensive Development Plan 78-1 is approved. In response to Councilman Thorpe, Mr. Tomlinson advised that the area plans are scheduled for Planning Commission review on March 27th and that precise building plans are submitted for Planning Commission approval. Mr. Thorpe requested that Council be kept advised of the general process on this project. 4. ANNUAL SWALLOWS DAY PARADE, MARCH 24, 1979 (SAN JUAN CAPISTRANO FIESTA ASSOCIATION) (61) Proposal: A request for a parade permit for the annual Fiesta de las Golondrinas Parade scheduled for March 24, 1979, at 1:00 P.M. and approval of related street closures. Applicant: San Juan Capistrano Fiesta Association, P. O. Box 532, San Juan Capistrano, Richard Dickey, President. Written Communications: (1) Report dated February 21, 1979, from the Director of Public Works. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Hearing open, and the following persons responded: (1) Dick Dickey, representing the Board of Directors and Members of the Fiesta Association, requested that Council proclaim the week of March 19-25 as the Annual Fiesta de las Golondrinas, that the street closures be approved, and that the parade permit fee be waived. There being no further response, the Public Hearing was closed. Approval of Event: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the request for a Parade Permit and to approve the closure of the following streets between the hours of 12:30 P.M., and 3:00 P.M., on Saturday, March 24, 1979: Camino Capistrano between La Golondrina and La Zanja; Del Obispo Street between Ortega Highway and Camino Capistrano. Waiver of Permit Fees: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to waive the requirement for payment of permit fees, as requested by the Fiesta Association. Mayor Friess requested that a Proclamation be prepared for Council consideration at the meeting of March 7th. 5. APPEAL OF CONDITIONS OF APPROVAL. ARCHITECTURAL (68) Proposal: An appeal of Planning Commission Resolution No. 79-1-9-7 conditions of approval 10, 11 and 14 relating to public improvements along Del Obispo Street and condition 21 relating to the relocation of the Drive -In sign. -9- 2/21/79 Applicant: Home Federal Savings and Loan Association, P. O. Box 2070, San Diego 92112. Written Communications: (1) Report dated February 21, 1979, from the Director of Community Planning and Development; (2) Memorandum dated February 21, 1979, from George Alvarez, Traffic Engineer. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: (1) Thomas O. Fincher, Architect and Design Manager for Home Federal, stated that the Association is willing to bear a cost of $4,000 for relocation of the Drive -In sign; they are willing to provide access to Del Obispo and to contribute to obtaining access and relocation of the sign and are willing to undertake construction of a landscaped median strip in Del Obispo. Mr. Fincher also advised that the development plans have been changed and that the project now meets all parking requirements. Council discussed possible additional conditions for future reimbursement agreements, possible condemnation proceedings, and communications with the property owners and the operator of the Drive -In. It was then moved by Councilman Thorpe and seconded by Councilman Buchheim to uphold the decision of the Planning Commission; with the concurrence of the second the motion was subsequently withdrawn. Continuation to March 7th: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried that consideration of this item be continued to the meeting of March 7, 1979. During the interim, staff is to provide a map indicating the project in question, location of future developments and the Drive -In sign. The applicant is requested to communicate with the property owner and theatre operator. Mayor Friess requested receipt of copies of such letters. RESIDENTIAL ALLOCATION SCHEDULE - 1979, 1980, 1981 AND 1982 (28) Proposal: Adoption of the Residential Allocation Schedule for the years 1979-82, pursuant to Ordinance No. 314, residential growth management. The Schedule sets forth the specific tract allocations for issuance of building permits. Written Communications: (1) Report dated February 21, 1979, from the Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission on January 23, 1979. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open; and, there being no response, declared the Hearing closed. Adoption of Residential Allocation Schedule: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted: -10- 2/21/79 X35 RESOLUTION NO. 79-2-21-6, 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 1979, 1980, 1981 AND 1982 IN ACCORDANCE WITH SECTIONS 5 AND 6 OF ORDINANCE NO. 314 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: Councilman Buchheim ABSENT: None Councilman Buchheim noted that his opposition to the allocation of 250 units in 1981 and advised that he would request an increase in those allocations. RESOLUTIONS 1. ESTABLISHING OFFICIAL POSTING PLACES FOR PUBLIC NOTICES (31) Proposal: Approval of a resolution designating the City Hall, San Juan Hot Springs Dance Hall, and County Library branch as the designated places for posting official documents and notices and repeal of Resolution No. 76-12-15-10, which designated the City Hall, Post Office and Library. Written Communications: (1) Report dated February 21, 1979, from the City Clerk frowarding correspondence from Postmaster Derroll Peterson stating that public bulletin boards will no longer be allowed in the Post Office lobbies. Adoption of Resolution: It was moved by Councilman Schwartze and seconded by Councilman Thorpe that the following Resolution be adopted: ION NO. 79-2-21-7. DESI FOR YVbT1NU Ur- Urr'll:11-1L UUUUMV11VTA - A i(r;b ULUTIUN UrTris CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO? CALIFORNIA, DESIGNATING THE LOCATIONS FOR THE POSTING OF OFFICIAL DOCUMENTS AND RESCINDING RESOLUTION NO. 76-12-15-10 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Councilman Thorpe requested that copies of the correspondence be forwarded to the local congressional representative and to the U.S. Postal Service. Posting of Public Hearing Notices on Properties: Councilman Schwartze requested that this item be scheduled for the Agenda of March 21, 1979. -11- 2/21/79 236 2. OPPOSITION TO METROPOLITAN PLAN FOR BUSING OF PUBLIC SCHOOL STUDENTS (78) Proposal: Consideration of a resolution in opposition to involuntary inter -school district busing, as proposed by the "Metropolitan Plan" and submitted in response to the February 7th request of Council. Written Communications: (1) Report dated February 21, 1979, from the City Clerk forwarding a Resolution for Council consideration. Adoption of Resolution: It was moved by Councilman Buchheim and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 79-2-21-8, OPPOSITION TO METROPOLITAN PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CITING ITS STRONG OPPOSITION TO THE "METROPOLITAN PLAN" RELATING TO INVOLUNTARY INTER -DISTRICT BUSING OF SCHOOL CHILDREN The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution further supports a State constitutional amendment prohibiting such busing of students. BIDS, CONTRACTS, AGREEMENTS 1. INTENT TO RENEW ANIMAL CONTROL SERVICES (COUNTY OF ORANGE) (57) Written Communications: (38) (1) Report dated February 21, 1979, from Loretta Murray, Administrative Assistant advising that the existing agreement for County animal control services requires notification of intent to renew at least 120 days prior to the June 30th expiration date. It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to direct staff to inform the County Board of Supervisors that the City wishes to renew the agreement for an additional one-year period of time. The City Manager advised that amendments to the ordinance may be requested to stipulate responsibilities for determining enforcement. CONSENT CALENDAR It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -12- 2/21/79 234' 1. APPROVAL OF WARRANTS (41) The List of Demands dated February 21, 1979, Warrants Nos. 16004 through 16110, inclusive, in the total amount of $198,387.89, is approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JANUARY 31, 1979 (41) The City Treasurer's Report of Investments as of January 31, 1979, is approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF JANUARY 31, 1979 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of January 31, 1979, is approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF DECEMBER 31, 1978 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the six-month period ending December 31, 1979, is approved as submitted. 5. REPORT OF EQUESTRIAN COMMISSION/PARKS AND RECREATION COMMISSION JOINT ACTIONS OF FEBRUARY 5, 1979 (23) The Report of Actions taken by the Equestrian Commission and the Parks and Recreation Commission at the joint meeting of February 5, 1979, is ordered received and filed. 6. REPORT OF PLANNING COMMISSION MEETINGS OF JANUARY 30, 1979 AND FEBRUARY 13, 1979 (67) The Report of Actions taken by the Planning Commission at the meetings of January 30, and February 13, 1979, is ordered received and filed. 7. ACCEPTANCE OF STORM DRAIN 1502 (73) The Easement Deed for Storm Drain purposes is accepted from Mark Ebanks in connection with the proposed development of property located on the northeast corner of Camino Capistrano at Via Serra, and the City Clerk is authorized to record the Deed. 8. ACCEPTANCE OF EASEMENTS FOR LANDSCAPE MAINTENANCE DISTRICTS, TRACTS 7673, 9382, 8485, 9284 AND 9373 (KING, MAURER, PATRICK) (73) The Easement Deeds permitting access to the Landscape Maintenance Districts within the subject tracts are accepted, and the City Clerk is authorized to record the Deeds. 9. QUITCLAIM AND ACCEPTANCE OF IRREVOCABLE OFFERS OF DEDICATION FOR ROAD PURPOSES, TRACT 9682, LOTS 5 AND 6 (73) The Mayor and City Clerk are authorized to execute the Quitclaim of Irrevocable Offer of Dedication of a 50 -foot portion of Tract 9682 to Robert Cook, owner of Lot 5, and Justin H. Ekuan, owner of Lot 6; the 20 -foot -wide Irrevocable Offers of Dedication for road purposes over Lots 5 and 6 are accepted from the property owners, and the City Clerk is authorized to record both the quitclaims and the replacement Offers of Dedication. -13- 2/21/79 238 10. APPROVAL OF FINAL PARCEL MAP 852 (SWEENEY/KING) (85) Final Parcel Map 852 is approved with the determination that the Map is consistent with the General Plan and in substantial compliance with the approved Tentative Map. The Map is in conformance with the Subdivision Map Act, all fees have been paid, and all conditions of approval met. 11. REIMBURSEMENT AGREEMENT, TRACT 6381 (FREDRICKS DEVELOPMENT) (85) The Reimbursement Agreement between the City and Fredricks (38) Development Corporation in connection with improvements to Highland Drive, an offsite access road through Tract 10103 (Daon), is approved and the Mayor and City Clerk are authorized to execute the Agreement on behalf of the City. The Fredricks Corporation will complete the pavement structure and the final inch of paving with reimbursement of expenses to be a condition of future approval of Tract 10103 at such time as it is developed. 12. PHOTOGRAPHIC POLICY FOR DEMOLITION OF SIGNIFICANT STRUCTURES (23) The following policy is approved, as recommended by the Cultural (69) Heritage Commission: Issuance of Demolition Permit for Sianificant Structures. Prior to issuance of any permit for the demolition of a significant structure, the owner shall be required to provide a photographic record of such structure. Photographs shall include but not be limited to (1) each elevation; (2) close-ups of any unusual architectural features; (3) views of the structure from a distance. In addition, measured drawings may be required. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF FEBRUARY 6, 1979 (23) At the request of Council, this item was removed from the Consent Calendar for discussion of Item 6, which relates the Commission concerns with regard to the request of Forrest Dunivin to place two trailers on the vacant lot between the Montanez and Rios Adobes. Council requested that this item be placed on the March 7th Agenda if staff determines that further discussion is necessary. It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to receive and file the remainder of the report as submitted. STATUS OF CONSTRUCTION ADJACENT TO SUNHOLLOW, TRACT 7673 (85) Following clarification of possible costs to the City for repair of damaged electrical facilities, it was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the report dated February 21, 1979, from the Director of Public Works, as submitted. RELEASE OF FAITHFUL PERFORMANCE BOND, TRACT 7387, VILLAGE SAN JUAN (ZELLNER COMMUNITIES) (38) At the request of Mayor Friess, the Report dated February 21, from the Director of Public Works was removed from the Consent Calendar for discussion. Mayor Friess noted the following landscaping inadequacies: the sprinkler system at the north side of the Village entrance; drainage; trees at both sides of the entrance. -14- 2/21/79 239 Mayor Friess also advised that the original plans for Village Road at Trabuco show a landscaped median strip. It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to authorize staff to release the following bond for public improvements: Faithful Performance Bond No. 002667, Covenant Mutual Insurance Company. Further, staff is directed to follow up on the comments made with regard to landscaping. ADMINISTRATIVE ITEMS CITY CLERK 1. CITY COUNCIL RE -ORGANIZATION - DATE CHANGE FOR ELECTION OF MAYOR AND MAYOR PRO TEMPORE (32) Proposal: Scheduling of off -election year Council re -organizations during the month of April, due to recent legislation which changes municipal elections from March to April of even - numbered years. Written Communications: (1) Report dated February 21, 1979, from the City Clerk. Approval of Date Change: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the scheduling of the City Council election of Mayor and Mayor pro tempore for the meeting of April 4, 1979. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT - MEREDITH CANYON LANDSCAPING TRACTS 8087 AND 8319 (85) With the concurrence of Council, Mayor Friess directed that the report dated February 21, 1979, from the Director of Community Planning and Development, setting forth the current status of the Meredith Canyon landscaping repairs be received and filed. 2. USE OF COMMON AREAS, TRACT 7159 (RIO VISTA HOMEOWNER'S ASSOCIATION) (85) Proposal: (61) A request by the Rio Vista Homeowners Association that the Association be permitted to sell their Lot C, a recreational vehicle storage area, as a residential lot and that Lot D, an alley lot, be conveyed to the City for maintenance responsibilities. Written Communications: (1) Report dated February 21, 1979, from the Director of Community Planning and Development forwarding the letter dated December 11, 1978, from Pat Douglas, Director -Secretary of the Association. It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried that the City reject the conveyance of Lot D and that Lot C be retained as a recreational vehicle storage area. -15- 2/21/79 240 Mayor Friess requested that a letter be sent to the Association suggesting that consideration be given to rental of spaces within the recreational vehicle area and that consideration also be given to renting the area as a location for the Head Start Program which is temporarily located on La Matanza Street. 3. LOS RIOS AREA - STATUS REPORT (23) Tom Tomlinson made a brief oral report on the current status of the Los Rios Area and advised that the grant funds in the amount of $180,000 have been approved by the County and forwarded to HUD. Councilman Hausdorfer noted that it may be preferable if development of the area is undertaken by one party rather than individual property owners. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER REVISION TO TRAFFIC BAIL SCHEDULE, PARKING (64) Proposal: A recommendation by the Traffic and Transportation Commission that the bail schedule for parking violations be increased from $5.00 to $10.00. Written Communications: (1) Report dated February 21, 1979, from the Director of Public Works forwarding the City's parking regulations and the proposed bail schedule. Approval of Amended Bail Schedule: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the increases in the bail schedule as submitted. Council directed that the Westport Villas Homeowners Association be informed of the increases with a request that their residents be notified. 2. ORTEGA HIGHWAY CONSTRUCTION - APPROVAL OF TRAFFIC CHANNELIZATION (44) Proposal: Approval of detour routes for traffic utilizing the Ortega Highway in conjunction with construction and widening by Maurer Development Company. The State has requested that certain work be performed on Saturday and Sunday, February 24 and 25 since construction will reduce the width to less than required for two travel lanes. Traffic would be channeled away from the Ortega Highway off -ramp of Interstate 5 and onto Junipero Serra, San Juan Creek, and Ganado Roads. Staff has suggested that a two Saturday schedule would conform to City policy regarding construction work on Sundays. Written Communications: (1) Report dated February 21, 1979, from the Director of Public Works. Plans for the construction and detour routes were available. Mr. Murphy introduced Jim Strobel, engineer, representing Caltrans, to the Council. Approval of Request: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to allow the State to proceed as scheduled on the February 24-25, Saturday/Sunday schedule; and, to accept the detour plan as amended by City staff. -16- 2/21/79 CULTURAL HERITAGE COMMISSION 1. REQUEST FOR AMENDMENT TO HCDA APPLICATION (MONTANEZ ADOBE) (23) Written Communications: (38) (1) Report dated February 21, 1979, from Pamela Hallan, Secretary to the Cultural Heritage Commission, forwarding the recommendation made by the Commission that an amendment to the City's Housing and Community Development Act grant be requested to include the sum of $15,000 previously earmarked by the County for restoration of the Montanez Adobe, since the City has agreed to assume the Adobe project. Approval of Recommendation: It was moved by Councilman Schwartze, Hausdorfer and unanimously carried to investigate an amendment to the City's include funding for the restoration of COUNCIL REMARKS 1. STATE FIREFIGHTING SERVICES G� seconded by Councilman direct staff to HCDA project to the Montanez Adobe. (42) Councilman Buchheim commented on the State of California's announced intent to discontinue forestry firefighting services within Orange County and the resulting cost increases for State, County and local agencies. Mr. Buchheim indicated he would report further on this matter. 2. PUBLIC FACILITIES COMMITTEE (23) Councilman Thorpe requested that a meeting of the Public Facilities Committee be set for the purpose of preparing a report on County plans for the new library branch and to discuss County plans for an animal facility. Mayor Friess requested that a letter be drafted to the County Counsel urging release of the contract for the local library branch. 3. JOINT POWERS CONCEPT FOR AIRPORT FACILITY (88) Councilman Hausdorfer requested that this subject be scheduled for discussion on a future Council Agenda. 4. HANDBOOK OF HILLSIDE REGULATIONS (67) Councilman Hausdorfer requested that staff report on the feasibility and costs of providing a handbook covering local hillside regulations. 5. DRIVE-IN THEATRE PROGRAMMING (32) Councilman Schwartze suggested that a letter be sent to the Pacific Drive -In theatre operators regarding the types of movies being shown. EXECUTIVE SESSION The Council recessed to Executive Session at 11:55 P.M., the City Clerk being excused therefrom, and reconvened at 12:38 A.M., Thursday, February 22, 1979. -17- 2/21/79 7� ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:38 A.M., Thursday, February 22, 1979, to the next regular meeting date of Wednesday, March 7, 1979 at 7:00 P.M., in the City Council Chamber. ATTEST: KENNETH E. FRIESS, MAYOR Respectfully submitted, MARY ANN ANOVER, CITY CLERK -18- 2/21/79