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79-0202_CC_Minutes_Regular Meeting299 MAY 2, 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 7:05 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Ernest Sillers, St. Margaret of Scotland Episcopal Church. ROLL CALL PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem Lawrence F. Buchheim, Councilman Phillip R. Schwartze, Councilman James F. Thorpe, Councilman ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; 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; Larry Lawrence, Senior Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of April 18, 1979: It was moved by Councilman Buchheim, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of April 18, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSTAIN: Councilman Hausdorfer ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe that all Ordinances be read by title only. The motion carried by the following vote: hV"IV NOES: ABSENT: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess None None PRESENTATIONS AND COMMENDATIONS 1. ACCEPTANCE REMMERS (36) Written Communications: Report dated May 2, 1979, from the City Manager, forwarding a Resolution commending Les Remmers, who has submitted his resignation as a member of the Cultural Heritage Commission -1- 5/2/79 effective April 12, 1979. Mayor Friess read the Resolution in full, which cites Mr. Remmers' dedicated service to the community. Acceptance of Resignation: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to accept the resignation submitted by Mr. Remmers. Adoption of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 79-5-2-1, COMMENDING H. L. "LES" REMMERS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING H. L. "LES" REMMERS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None 2. PROCLAMATION - MUNICIPAL CLERKS' WEEK - MAY 13 - 19, 1979 (71) With the concurrence of Council, Mayor Friess proclaimed (31) the week of May 13 - 19, 1979, as Municipal Clerks' Week in recognition of the services to their communities performed by City Clerks. Mayor Friess noted the award received by Ms. Hanover on April 26, 1979, from the City Clerks' Association of California for her participation in compiling a Handbook for Municipal Filing Officers on the Political Reform Act. ORAL COMMUNICATIONS 1. TRACT 9284 (KING) (85) David Lang, 267 Avenida Adobe, San Clemente, advised that he was present to answer any questions when the above -entitled matter is discussed. 2. REQUEST FOR GENERAL PLAN AMENDMENT (FALKLAM) (46) Harry Falklam, P. O. Box 904, addressed the Council to request that the Report of Planning Commission Actions of April 24 be removed from the Consent Calendar and that Council consider his request for a General Plan Amendment for property located off Del Obispo Street. Mr. Falklam presented his written request to the City Clerk. 3. COMMISSION REPRESENTATION (23) Sharon Neely, Chairman, Traffic and Transportation Commission, advised that she was present to answer any questions with regard to recommendations made by the Commission. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 79-2B (GLENDALE FEDERAL (46) Proposal: Consideration of the Environmental Impact Report and General -2- 5/2/79 301 Plan Amendment which includes proposed changes in land use designations and arterial highway circulation for 1265 acres of land located east of the San Diego Freeway and south of San Juan Creek Road. Applicant: Glendale Federal Savings and Loan, 401 North Brand Boulevard, Glendale, California 91209. written Communications: (1) Report dated May 2, 1979, from the Director of Community Planning and Development, forwarding the recommendation of denial made by the Planning Commission on March 27, and the recommendations of the Traffic and Transportation Commission, Equestrian Commission, and Parks and Recreation Commission. The Report also forwards the staff recommendation of approval and summary; (2) Letter dated April 16, 1979, from Dixie L. Sparks, 31831 Paseo Cielo, in opposition to the project; (3) Letter dated May 1, 1979, from Teresa Heckscher, President, Town Hall Association, in opposition to the General Plan Amendment and requesting a reasonable amount of time for citizens to evaluate and comment prior to approval of any Amendment; (4) Letter received May 2, 1979, from Richard L. Harmon, 27232-B Via Capote, President, Block VI, San Juan Hills West, urging consideration of specific items of concern and forwarding signatures of 49 residents; (5) Letter received May 2, 1979, from John E. Martin, 27101-A Calle Caballero, Vice President of Association #2, forwarding signatures of 28 residents. Presentations: Exhibits were on display, and the following staff members made oral presentations for the benefit of Council and the audience: The City Manager gave a history of the negotiated settlement stemming from the Claim filed in October, 1976, and the subsequent lawsuit. The Director of Community Planning and Development explained the study process between staff and the developer which included an overlay of the physical and environmental constraints as in an entire general plan process. The Senior Planner described the exhibits depicting existing and proposed General Plan designations, the development and conservation master plan, and a relief model of the project area. Mr. Lawrence advised that the City has the discretion of requiring further environmental analyses at each stage of review. The Director of Public Works described the public facilities required. The Senior Planner then summarized the development review process that would follow if the GPA is approved and cited area plans, tentative maps, tentative development plans, and issuance of building permits under a phased schedule. Public Hearing: Mayor Friess requested that comment be categorized into: (1) adequacy of the Environmental Impact Report; and, (2) approval of the General Plan Amendment. Notice having been given as required, Mayor Friess then declared the Public Hearing open, and the following persons addressed Council: -3- 5/2/79 302 (1) Ralph Martin of Richardson, Nagy, Martin of Newport Beach, consultants to Glendale Federal on the land plan and general plan amendment request, stated that the basic concept relies on preservation of the ridgelines with development concentrated in the valleys, and cited the reduction in units and intensive geology study. Mr. Martin read a letter addressed to the School District and stated they would be more than willing to respond to District concerns and other needs of the community, stated they felt equestrian needs could be accommodated on the ridgelines without residential development; and with regard to the deletion of the La Novia extension, cited the amount of cut that would be required as set forth in studies prepared previously for roads to the Prima Deschecha landfill. Mr. Martin requested adoption of the amendment. (2) Roberta Berns, 26921 Canyon Crest, representing Town Hall Association, cited the letter received by Council and read portions concerned with the EIR and GPA, and noted their recommendation is for denial. (3) Charles Medeiros, Director, Administrative Services, Capistrano Unified School District, noted that the District is concerned with density factors and facilities problems, noted that no capital construction funding is available and that the District requests that the developer meet with the District. (4) Sharon Allen, 28352 Paseo Establo, cited cuts into the ridgeline and increased irrigation, drainage and grading problems, and requested consideration of the amount and extent of approved building in the area. (5) Sharon Neely, representing the Traffic and Transportation Commission, stated that the right-of-way should be preserved from La Novia to Las Ramblas and that the Commission supports the staff recommendation that a final decision be made after joint City -County study. (6) Doug Nash, 32906 Avenida Descanso, noted that the 700 acres of open space within the project are now on the reverse side of the ridgeline rather than facing the community on the valley side, that geology would not become an issue since the settlement states that the amount of earth to be moved shall not be a reason for denial, and further noted impacts of traffic and grading. Mr. Nash suggested that a 2- to 4 -week period of time be allowed for community reaction to the project and for exploration of the means of minimizing grading and for discussion of the litigation. (7) Keith Carlsgaard, 1852 Santa Rosa, E1 Centro, and _ 31746 San Juan Creek Road, stated that proposed lots are within their easement and that his driveway access is not shown on Glendale Federal plans and noted that future land cuts could produce problems with cesspool drainage. There being no further response, Mayor Friess declared the Public Hearing closed with the right to re -open at any time. Continuation of Public Hearing: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried that the Public Hearing be re -opened and continued to the Council meeting of June 6, 1979, at 7:00 P.M., in the City Council Chamber. -4- 5/2/79 303 Council Discussion: Council Members requested information on the following items from staff prior to the June 6th hearing: (1) Does the development require a site and a school? (2) Use of San Juan Creek Road; density alternatives; and equestrian uses. (3) The result of discussion between developer and Capistrano Unified School District on school needs. (4) Why are there discrepancies in income amounts in studies? (5) Include the Layton and Associates 1968 report in the Environmental Impact Report. (6) Why did the other project fail? economics or geology? (7) Answers to all questions on the Environmental Impact Report submitted by Town Hall. (8) Comment on grading exceeding 2/1 slope regarding Comprehensive Development Plan and Environmental Impact Report. (9) City sewer capacity will be reached at 25,000. (10) No drainage mentioned in the Environmental Impact Report nor fees. (11) What is last level for adopting Senate Bill 201 fees? (12) Traffic flows should be updated and include San Juan Creek bridge. (13) Impact of downtown development, Ortega Properties, and The Ranch; need to look at incremental increases on year-to-year basis. (14) Expenses to the City from this development and services to be provided to this and other approved projects. (15) Updated sewer information. (16) Staff perceptions as to what is too much grading per settlement agreement. Mayor Friess suggested that Council direct any further specific questions to staff on items of concern. La Novia Extension: (44) Mayor Friess advised that the County had agreed today that (46) pending confirmation by the Arterial Highway Financing Program Advisory Committee, funds for the Camino Capistrano and Del Obispo projects would be released with the understanding that the La Novia route would remain on the General Plan Circulation Element. It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to refer the La Novia connection to the County for a joint City -County study with a request that input be provided to the City by June 6, if possible. RECESS AND RECONVENE Council recessed at 9:22 P.M., and reconvened at 9:45 P.M. -5- 5/2/79 304 Glendale Federal General Plan Amendment - Town Hall Open Forum (46) Mayor Friess asked if the Town Hall Association could hold a (61) public forum so that citizens may interact on a verbal level with members of the City Council, Planning Commission and staff and representatives of the developer and the School District on the issues of the Glendale Federal Environmental Impact Report and General Plan Amendment. Mrs. Heckscher advised that the forum would be scheduled prior to the June 6 Council meeting. 2. WITHDRAWAL OF APPEAL OF TREE INSPECTOR'S APPROVAL AT HOME FEDERAL SAVINGS AND LOAN ASSOCIATION PROJECT, A.C. 78-9 (TOWN HALL) (74) Written Communications: Report dated May 2, 1979, from the Director of Community Planning and Development advising that the appeal has been withdrawn following an agreement with Home Federal for the retention and replacement of certain trees on the subject property. Mr. Merrell advised that Home Federal had agreed as follows: The palm tree is to remain, the portion of the pepper tree that was removed will be replaced with a clumping of trees approved by the Planning Department, and the eucalyptus that was removed will be replaced with a 20" box tree. Councilman Thorpe noted that once an appeal is scheduled for Council action, Council should have an opportunity to comment. Mr. Thorpe also noted his concern with different results from field negotiations. 3. APPEAL OF ON DECISION AND DENIAL OF WTmvnTIM nDV TTMTr ' - (39) Councilman Buchheim announced that due to a conflict of interest he would not participate in discussion of this item and stepped down from the dais. Councilman Schwartze advised that some of the people involved in this item may also be involved in the company with which he works. Written Communications: (1) Report dated May 2, 1979, from the Director of Community Planning and Development advising that on March 13 the Planning Commission had approved Conditional Use Permit 79-1, request to establish a 12 -unit residential complex for the developmentally disabled on property located at Camino Capistrano and Via Serra known as Assessor's Parcel No. 675-083-01. (2) Letter dated March 29, appealing the Planning Commission approval and signed by six residents in the vicinity of the project. (3) Letter dated April 6, from Keith Fullenwider, President, Capistrano Beach Community Association, P. O. Box 27, Capistrano Beach, 92624, in opposition to the project. (4) Letter dated April 12, from Dwayne Campbell, President, Capistrano Beach Chamber of Commerce, P. O. Box 2355, Capistrano Beach, 92624, in opposition to the project. (5) Letter dated April 26, from Ronald Drummond, 26206 East Via Serra, Capistrano Beach, in opposition to the project. (6) Letter dated April 26, from Nancy Bradley, Manager, Client Services Division, Regional Center of Orange, 500 South Main Street, Orange 92668, commending the Ebanks' operations. -6- 5/2/79 305 (7) Letter dated April 27, from John Carta-Falsa, Ph.D., Regional Center of Orange, in support of the project. (8) Letter dated April 30, from Ruby Edman, Principal, Esperanza School, 2512 Pradera Drive, Mission Viejo, 92675, in support of the permit. (9) Letter received May 1, from Agnes Margerum, Licensing Social Worker, County Human Services Agency, recommending Mark and Lydia Ebanks. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons responded in opposition to the project: (1) Bud Campbell, President, Capistrano Beach Chamber of Commerce, requested that the land be put to a better use and requested that the Chamber be advised of projects within their vicinity in the future. (2) Doris Drummond, 26202 Via Serra, Capistrano Beach, noted traffic concerns and stated if the project is approved, it should be redesigned so that the main entrance is on Camino Capistrano rather than Via Serra, noted that the project will utilize County services, and questioned whether an archeological study had been done and whether the project would consist of condominiums. (3) Robert Croper, Capistrano Beach, stated that the applicant should be licensed before applying for the permit. (4) Roxie Lucarelli, 26921 Camino de Estrella, Capistrano Beach, stated that the project is not planned for the best use of the property. (5) Steve Myklik, 808 North E1 Camino Real, stated that a request should be made to the County that Camino Capistrano be widened and that the property should be put to a higher and better use. (6) Woman who stated she represents Mrs. Shed, 2622 Serra Road, stated that the property could not accommodate 60 people. The following persons responded in support of the project: (1) Ken Brant, Social Worker, Orange County Human Services Agency, advised that all residents of the home would be in a sheltered workshop probably in the Mission Viejo area during the day and that licensing is overseen by the County and State. (2) Phil Newell, 720 Camino del Mar, Del Mar, advised that he is assisting the Ebanks with the project which includes dwelling units consisting of three bedrooms each and that very little traffic would be generated. There being no further response, Mayor Friess declared the Public Hearing closed. Council Discussion: Councilman Thorpe suggested that the Capistrano Beach Chamber of Commerce be placed on the mailing lists for Council and Planning Commission Agendas, noted that all parking access is through the Via Serra cul-de-sac which would generate more traffic than access at Camino Capistrano, that there should be some efforts to preserve a significant parcel of open space, with possibly keeping the project off Via Serra for preservation of flora, and that the project should be redesigned with lower -7- 5/2/79 densities; the Planning staff should attempt to locate a different property for this use. Councilman Hausdorfer stated that surrounding land uses are incompatible with this project and that he would support denial of the permit from a land use concept. Councilman Schwartze stated that the location is inappropriate for the proposed use and that the area should be developed in an industrial mode. Mayor Friess noted that the project must be viewed in terms of a residential facility and Council must determine if a residential use is appropriate on the property and, if so, can the property accommodate 72 residents. Denial of Project Without Prejudice: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that Conditional Use Permit 79-1 be denied without _ prejudice, which would allow the applicant to re -apply for approval. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: Councilman Buchheim 4. APPEAL OF PLANNING COMMISSION DECISION, CONDITIONAL USE PERMIT 79-2 (EL CAMINO FORD/SWEENEY) (39) Written Communications: (1) Report dated May 2, 1979, from the Director of Community Planning and Development, reviewing conditions of approval for Conditional Use Permit 79-2, appealed by Dave Sweeney, 535 North El Camino Real, San Clemente, in conjunction with the proposed auto dealership within the Ortega Planned Community. (2) Letter dated May 1, from Carolyn Nash, Study Committee Chairman, Town Hall Association, P. O. Box 842, forwarding recommendations for changes and additions to the proposed development of the two auto dealerships. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: (1) Carolyn Nash, representing Town Hall, cited the concerns set forth in their letter of May 1. (2) Dave Sweeney, President, E1 Camino Ford, stated their appeal is of the number of cars allowed in the display area and that there is a definite need for 20' high intensity lighting. There being no further response, Mayor Friess declared the Hearing closed. (95) Area Plan, Planning Sector B of Ortega Planned Community: Report dated May 2, 1979, from the Director of Community Planning and Development, providing background information on Planning Commission review of area plans for Sector B, which include the proposed auto dealerships. Confirmation of Commission Action: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to confirm the action of the Planning Commission in approving the area plans for Planning Sector B, including the following elements: -8- 5/2/79 307 Conceptual Site Plan Conceptual Landscape Plans Architectural Theme Conceptual Grading Plan Approval of Conditional Use Permit 79-2 With Conditions: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the proposed lighting be approved, the standards not to exceed 20' in height, pending approval of the Architectural Board of Review. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: None It was moved by Councilman Buchheim and seconded by Councilman Schwartze that not more than 9 cars shall be located in the formal display area at any one time and that the following Resolution be adopted incorporating the above conditions: RESOLUTION NO. 79-5-2-2, CONDITIONAL USE PERMIT 79-2 AND A.C. 79-5 (SWEENEY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING CONDITIONAL USE PERMIT 79-2 AND A.C. 79-5, A REQUEST TO ESTABLISH AN AUTO DEALERSHIP AND ACCESSORY USES IN ACCORDANCE WITH THE COMPREHENSIVE DEVELOPMENT PLAN OF THE ORTEGA PLANNED COMMUNITY The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: None It was subsequently moved by Councilman Buchheim, seconded by Councilman Hausdorfer that a condition be added to the Resolution to require that the landscape plans be returned for Council review and approval. The motion passed unanimously. 5. APPEAL OF PLANNING COMMISSION DECISION, CONDITIONAL USE PERMIT 79-3 AND ARCHITECTURAL CONTROL 79-6 (HAL GREENE (39) Written Communications: (1) Report dated May 2, 1979, from the Director of Community Planning and Development reviewing conditions of approval of Conditional Use Permit 79-3 and the Architectural Control application appealed by Hal Greene, 401 South El Camino Real, San Clemente, in conjunction with the proposed auto dealership within the Ortega Planned Community. (2) The letter referred to above from Town Hall Association refers to both dealerships. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: (1) Hal Greene, applicant, spoke in support of the appeal. (2) Dee Tyler, representing the Planning Commission, requested that the Council reconsider its action with regard to lighting. -9- 5/2/79 308 There being no further response, Mayor Friess closed the Public Hearing. f Conditional Use Permit 79-3 and Architectural LVl1L rVl /7-0 P11Li1 I:VIlulLlOns: It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-5-2-3, CONDITIONAL USE PERMIT 79-3 AND A.C. 79-6 (GREEK -E-) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING CONDITIONAL USE PERMIT 79-3 AND A.C. 79-6, A REQUEST TO ESTABLISH AN AUTO DEALERSHIP AND ACCESSORY USES IN ACCORDANCE WITH THE COMPREHENSIVE DEVELOPMENT PLAN OF THE ORTEGA PLANNED COMMUNITY The Resolution is amended to add conditions allowing 9 cars in the display area and light standards not to exceed 20' feet in height; further, the landscape plans are to be returned for City Council review and approval. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: None 6. TENTATIVE PARCEL MAP 853 (HOBBS) (85) Proposal: A request to divide a 3.9 -acre parcel into 4 lots of 1.746 acres, .817 acres, .864 acres, and .500 acres in the Small Estate District, and a request for a reduction in minimum street frontage from 90 feet to 12 feet for property located at the present terminus of Avenida Evita. Applicant: Gary Hobbs, 31682 Avenida Evita, San Juan Capistrano. Written Communications (1) Report dated May 2, 1979, from the Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission at their meeting of April 10. (2) Letter dated May 2, 1979, from Harlan Rogers, P. 0. Box 751, in opposition to the proposal. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: (1) Gary Hobbs, applicant, spoke in support of his application and stated he understood that if the conditions were not met, the land division would be null and void; Mr. Hobbs further affirmed that buyers will be aware that the traffic circulation may change. Approval of Tentative Parcel Map: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-5-2-4, TENTATIVE PARCEL MAP 853 (HOBBS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 853 (HOBBS) -10- 5/2/79 309 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 7. TENTATIVE PARCEL MAP 854 (ALPHA BETA) (85) Written Communications: Report dated May 2, 1979, from the Director of Community Planning and Development, forwarding a letter dated April 26, from Philip D. Whitener, 2886 Blue Star, Anaheim 92806, representing Alpha Beta, consenting to a continuance of the Public Hearing on the Tentative Parcel Map, site plan and variance request. Continuance to May 16: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried that the Public Hearing be continued to the Council meeting of May 16, 1979, at 7:00 P.M., in the City Council Chamber. 8. APPROVAL OF TENTATIVE TRACT 10283 (LANDOLF) (85) Proposal: Approval of a tentative tract map for a 40 -unit townhouse project located on 4.2 acres of land at the southwest corner of Via California and Camino Las Ramblas. Applicant: Thomas Landolf, P. O. Box 1154, Laguna Beach. Written Communications: (1) Report dated May 2, 1979, from the Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission on April 10, 1979. (2) Note received April 25, from Kathleen Fahs, 604 Calle Bienvenido, San Clemente, in opposition to the project. 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. Approval of Tentative Tract 10283: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 79-5-2-5, TENTATIVE TRACT 10283 (LANDOLF) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE TRACT 10283 (LANDOLF) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Mr. Landolf advised that the landscaping of the project is to be reviewed by staff and the Architectural Board of Review. -11- 5/2/79 3� ORDINANCES 1. ENFORCEMENT OF TRAFFIC REGULATIONS - INTRODUCTION OF ORDINANCE NO. 383 (55) Proposal: Approval of an ordinance authorizing designees of the City Manager to enforce parking regulations and write citations. The level of enforcement would be determined following staff studies and recommendation from the Traffic and Transportation Commission during the budgetary process. Written Communications: Report dated May 2, 1979, from the City Manager, forwarding the proposed Ordinance. Introduction of Ordinance No. 383: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Ordinance be introduced: ORDINANCE NO. 383, ENFORCEMENT OF TRAFFIC REGULATIONS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, IMPOSING A DUTY TO ENFORCE TRAFFIC REGULATIONS AND PROVIDING FOR ENFORCEMENT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None RESOLUTIONS 1. SUPPORTING COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM REVIEW PROCESS (44) Proposal: Approval of procedures for implementing compatibility with the County Master Plan of Arterial Highways and eligibility for Arterial Highway Financing Program funds whereby cities submit proposed Master Plan amendments to a conference of city and county staff for initial determination of significance, with conclusions presented to the AHFP Technical Staff and Advisory Committee. If proposed amendments are found to be significant, cooperative city -county transportation studies would be made and recommendations forwarded to the Board of Supervisors for final direction. Written Communications: Report dated May 2, 1979, from the City Manager, forwarding a report dated April 24, from H. G. Osborne, Director of the County Environmental Management Agency, and a proposed resolution. Endorsement of Eligibility Process: It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim to endorse the eligibility process adopted by the County of Orange, to agree to study La Novia south of Las Ramblas, and Horno Creek Road within The Ranch development pursuant to the AHFP review process, and to adopt the following Resolution for submission to the County Board of Supervisors: -12- 5/2/79 311 RESOLUTION NO. 79-5-2-6, SUPPORTING ARTERIAL HIGHWAY FINANCING PROGRAM REVIEW PROCESS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXPRESSING SUPPORT FOR THE COUNTY OF ORANGE ELIGIBILITY REVIEW PROCESS FOR ARTERIAL HIGHWAY FINANCING PROGRAM The motion carried by the following vote: AYES: NOES: ABSENT: 2. ASSESSMENT DIS Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess None None FROM DEL (74) This item was rescheduled from the meeting of April 18, pursuant to City Council direction. Proposal: Commencement of proceedings for the formation of Assessment District 78-2, consisting of construction of concrete curb and gutter on the east side of the parkway, asphalt paving on the frontage road within the public rights-of-way, landscaping of the parkway and landscaping of the median between Del Obispo Street and Avenida Golondrina. The work would be done in conjunction with the AHFP widening of Camino Capistrano between Del Obispo Street and Avenida Padre. Written Communications: (1) Report dated April 18, 1979, from the Director of Public Works. (2) Letters dated April 5 and April 30, 1979, from F. Mackenzie Brown, assessment attorney, forwarding the necessary documentation. (3) Letter dated April 24, 1979, from A.W. and Diane E. Brown, 1207 Pembroke Lane, Newport Beach 92660, owners of property at 32158 and 32302 Camino Capistrano, citing the cost of the improvements and opposing the landscape plan as presented. (4) Letter dated April 25, 1979, from Donald M. Sutherland, Del Sur Properties, Inc., 2850 Mesa Verde Drive, Costa Mesa, in opposition to formation of the District due to costs and funding, and letter dated April 30, from the Director of Public Works responding to Mr. Sutherland's concerns. Boundaries of District and Extent of Improvements: The staff presentation of the boundaries of the Assessment District and the extent of improvements to be constructed was made by the Director of Public Works. District Superintendent of Streets: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the Director of Public Works be appointed as the District Superintendent of Streets and that the following Resolution be adopted: NO. 79-5-2-7, APPOINTMENTS - ASSESSMENT . 78-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES -13- - 5/2/79 312 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Adoption of Amended Proposed Boundary Map: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 79-5-2-8, AMENDED BOUNDARY MAP - ASSESSMENT DISTRICT NO. 78-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING AMENDED PROPOSED BOUNDARY MAP The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Approval of Preliminary Costs and Ordering Preparation of Report: It was moved by Councilman Buchheim and seconded by Councilman Schwartze that the preliminary costs be approved in the amount of $181,000, that the District Superintendent of Streets be directed to prepare a report on the proposed improvements, and that the following Resolution be adopted: RESOLUTION NO. 79-5-2-9, PRELIMINARY DETERMINATION - ASSESSMENT DISTRICT NO. 78-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Presentation of Report: The Director of Public Works presented the Improvement Report, pursuant to Division 4 of the Streets and Highways Code, the _ Debt Limit Act. Approval of Debt Report and Public Hearing Date: It was moved by Councilman Buchheim and seconded by Councilman Hausdorfer that the Debt Report be approved and a Public Hearing thereon set for June 20, 1979, and that the following Resolution be adopted: RESOLUTION NO. 79-5-2-10, APPROVED DEBT REPORT - ASSESSMENT DISTRICT NO. 78-2 - 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 PUBLIC HEARING THEREON -14- 5/2/79 313 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Intent to Construct Improvements and Authorizing Issuance of Bonds: It was moved by Councilman Schwartze and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 79-5-2-11, RESOLUTION OF INTENTION - ASSESSMENT DISTRICT NO. 78-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS, DESCRIBING PROPOSED DISTRICT, AND PROVIDING FOR THE ISSUANCE OF BONDS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Presentation of Engineer's Report: The Director of Public Works presented the Engineer's Report, consisting of Plans, Specifications, Cost Estimates, Assessment Roll, and Assessment Diagram. Approval of Engineer's Report and Public Hearing Date: It was moved by Councilman Schwartze and seconded by Councilman Thorpe that the Engineer's Report be approved and a Public Hearing thereon set for June 20, 1979, and that the following Resolution be adopted: RESOLUTION NO. 79-5-2-12, REPORT APPROVAL AND SETTING PUBLIC HEARING - ASSESSMENT DISTRICT NO. 78-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PASSING ON THE REPORT OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING The motion carried by the following vote: AYES: NOES: ABSENT: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess None None Prevailinq Waste Scales and Call for Construction Bids: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer to determine that the prevailing wage rates are in accordance with schedules of the State Director of Industrial Relations, to authorize a call for construction bids and to adopt the following Resolution: RESOLUTION NO. 79-5-2-13 HJJ8JJ1.1P.1V1 U1Orn11:1LVU. /8-L - a KnoujiuTIUN yr Tn CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION IBDS -15-' 5/2/79 314 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Issuance_ and Sale of Bonds and Appointment of Bond Counsel: It was moved by Councilman Buchheim and seconded by Council Schwartze to authorize the issuance and sale of Special Assessment Bonds, to appoint F. Mackenzie Brown as Bond Counsel, and to adopt the following Resolution: RESOLUTION NO. 79-5-2-14, BOND SALE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE SALE OF SPECIAL ASSESSMENT BONDS TO FINANCE IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. SLUDGE HAULING AGREEMENTS (MCBRIDE TRUCKING AND SOLAG DISPOSAL COMPANIES) (38) Proposal: Approval of sludge hauling agreements with the McBride Trucking Company and Solag Disposal Company in addition to the current contract with Golden West Fertilizer Company in order to diversify the hauling contracts so that the City and SERRA are not subject to demands or unavailability to remove sludge on the part of one contractor. Written Communications: Report dated May 2, 1979, from the Director of Public Works forwarding the proposed agreements. Approval of Agreements: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to approve the agreements for sludge hauling services with the McBride Trucking Company and Solag Disposal Company and to authorize the City Manager to execute the agreements on behalf of the City. The existing contract with Golden West Fertilizer Company is to be maintained. 2. IMPROVEMENT OF DEL OBISPO STREET AT AGUACATE ROAD, AHFP NO. 883 - APPROVAL OF PLANS, SPECIFICATIONS AND CALL FOR BIDS (83) Proposal: Construction of improvements including storm drain, realignment and widening of Del Obispo Street, and installation of a sewer in Aguacate Road. Funding for the project consists of County AHFP funds of $109,000, matching City Gas Tax Funds, and $55,000 from private participation. -16- 5/2/79 315 Written Communications: Report dated April 18, 1979, from the Director of Public Works. Approval of Plans, Specifications and Call for Bids: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the plans and specifications and to authorize staff to advertise for bids for AHFP Project No. 883, known as the Improvement of Del Obispo Street at Aguacate Road. 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 1. APPROVAL OF WARRANTS (41) The List of Demands dated May 2, 1979, Warrants Nos. 16510 through 16612, inclusive, in the total amount of $842,400.83, is approved as submitted. 2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF APRIL 23, 1979 (23) The Report of Actions taken by the Equestrian Commission at the meeting of April 23, 1979, is ordered received and filed. 3. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS OF MARCH 29, 1979 AND APRIL 24, 1979 (23) The Report of Actions taken by the Traffic and Transportation Commission at the meetings of March 29, 1979, and April 24, 1979, is ordered received and filed. 4. ORTEGA HIGHWAY INTERCONNECT SIGNAL SYSTEM - EXTENSION OF TIME (STEINY AND COMPANY) (82) Change Order No. 3, a 30 -day time extension for completion of the above project to June 11, 1979, is approved due to delay in delivery of equipment. 5. AGREEMENT, ARCHITECTURAL TREET AT ALIPAZ STREET (38) The improvement agreement and bonds submitted by the John Wertin Development Company in connection with the 56 -unit apartment complex at the corner of Del Obispo Street and Alipaz Street are accepted. Improvement plans for streets, sewers, drainage and water have been approved and all fees paid. The Mayor and City Clerk are authorized to sign the Agreement on behalf of the City, and the City Clerk is directed to record the Agreement. 6. REPORT OF PLANNING COMMISSION MEETING OF APRIL 24, 1979 (67) It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried that the Report of Actions taken by the Planning Commission on April 24, 1979, be received and filed. -17- 5/2/79 316 7. TREE REMOVAL APPLICATION FOR HARRISON HOUSE AND PARKA ADOBE (74) Council received copies of a report dated May 2, 1979, from (23) the Director of Community Planning and Development, summarizing the approved removal of two ash trees and one orange tree in the area of the Parra Adobe in conjunction with the restoration of the Harrison House/Parra Adobe. All other trees and shrubs are to remain. It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to confirm the determination made by the Tree Inspector regarding the tree removal application. 8. RELEASE OF CERTIFICATE OF DEPOSIT, CONDITIONAL USE DF.DMTT 7A -S IPPrn .T(IATFCI (39) This item was held over from the meeting of April 18th. No action was taken and the report was held over for further consideration at the meeting of May 16. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. LANDSCAPING STATUS REPORT, MEREDITH CANYON TRACTS 8087 AND 8319 (85) The status report dated May 2, 1979, from the Director of Community Planning and Development was ordered received and filed. 2. REQUEST FOR MODIFICATION OF REAR YARD SETBACKS TRACT 9284 (KING) (85) There was a consensus of the Council that consideration of this matter be held over to the meeting of May 16. 3. APPLICATION FOR HOUSING AND COMMUNITY DEVELOPMENT GRANT FUNDS LOS RIOS AREA (23) Proposal: An application for HUD Housing and Community Development Block Grant funds in the amount of $300,000, for implementation of the Los Rios Precise Plan. Written Communications: Report dated May 2, 1979, from the Director of Community Planning and Development. Application Processing and Public Hearing Date: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to authorize staff to proceed with the application for grant funds and to set the date of May 16, 1979, at 7:00 P.M., in the Council Chamber for a Public Hearing on the application. 4. GENERAL PLAN AMENDMENT 79-2A (VAN ROEKEL, ET AL.) (46) Proposal: Consideration of changes in land use designations for 31 acres of land north of the City limits from Low Density Residential to a new designation permitting commercial recreation, public/institutional, and office uses. Written Communications: Report dated May 2, 1979, from the Director of Community Planning and Development, advising that the item is not ready for Council consideration, since the environmental impact report was not completed in time for Commission and agency review. -18- 5/2/79 Inclusion with General Plan Amendment 79-3: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that General Plan Amendment 79-2A (Van Roekel, et al.) be removed from consideration at this time and that it be included for consideration during initiation of General Plan Amendment 79-3. 5. TREE REMOVAL APPLICATION (CAPISTRANO VALLEY BAPTIST CHURCH) (74) Proposal: An application by the Capistrano Valley Baptist Church for removal of two eucalyptus trees located on the south side of Del Obispo Street west of Aguacate Road. Written Communications: Report dated May 2, 1979, from the Director of Community Planning and Development advising that retention of the trees is being discussed with the property owner based upon initial opinions of a tree specialist that corrective actions could preserve the trees. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that the report be received and filed, pending staff efforts to preserve the trees. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. BUDGET REVISION FOR PERSONNEL SERVICES (SERRA TREATMENT PLANT) (79) Proposal: An amendment to the Treatment Plant budget for the inclusion of five additional employees, pursuant to the Memorandum of Understanding providing for 24-hour staffing at the Plant. Written Communications: Report dated May 2, 1979, from the Director of Public Works, forwarding the proposed budget revisions. Approval of Personnel Budget: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to approve the budget revision for the period April 1, 1979, through June 30, 1979, and to appropriate the sum of $4,897 from the Sewer Enterprise Fund for personnel services at the Sewage Treatment Plant. COUNCIL REMARKS AND COMMITTEE REPORTS 1. DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE (23) Councilman Buchheim advised that the Diocese of Orange has requested direct liaison between the Study Committee and the Catholic Church, owners of property within the study area. It was moved by Mayor Friess, seconded by Councilman Schwartze and unanimously carried to authorize Councilman Buchheim to contact the Diocese of Orange for selection of representation on the Study Committee. 2. NOMINATION TO ORANGE COUNTY TRANSPORTATION COMMISSION (THORPE) (56) It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried that the City Council nominate Councilman James F. Thorpe for appointment to the Orange County Transportation Commission. -19- 5/2/79 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:58 A.M., Thursday, May 3, 1979, to the next regular meeting date of Wednesday, May 16, 1979, at 7:00 P.M., in the City Council Chamber. ATTEST: KENNETH E. FRIESS, MAYOR Respectfully submitted, MARY ANN,"40VER, CITY CLERK -20- 5/2/79