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79-0516_CC_Minutes_Reguar Meeting3.19 MAY 16, 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 Councilman Gary Hausdorfer. 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; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of May 2, 1979: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of May 2, 1979, 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 Buchheim, 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 PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION OF NATIONAL PUBLIC WORKS WEEK, MAY 20 - 26. 1979 (71) With the concurrence of Council, Mayor Friess proclaimed the week of May 20 - 26, 1979, as National Public Works Week in recognition of the services.provided to the community by public works personnel. RESOLUTION URGING SOLUTION TO THE GASOLINE CRISIS (58) It was moved by Councilman Buchheim and seconded by Councilman Hausdorfer that the following Resolution be adopted: -1- 5/16/79 D 44 ON NO. 79-5-16-1, URGING AN EQUITABLE JVLU1'1 V1V '1V '1 RG ISHJVL1LV 1. Vtl1J1J — H nr.J V1,V1 OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, URGING AN EQUITABLE SOLUTION TO THE GASOLINE CRISIS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Resolution urges the Governor, Congressional representatives and the County Board of Supervisors to work towards a fair and equitable solution to the current gasoline crisis which will not deprive automobile owners of the use of their vehicles or adversely impact the consumer public. Council directed that possible mitigation measures such as additional signs at service stations be placed on the June 6 Agenda for consideration if there is a continuing problem of availability of gasoline. ORAL COMMUNICATI Marilyn Williams, 29931 Camino Capistrano, requested an opportunity to address the Orange County Retirement System item, which appears later on the Agenda. The following persons requested that Agenda items be considered early in the meeting: (1) David Lang, 267 Avenida Adobe, San Clemente, Tract 9284; (2) Beverly Starr, 27927 Calle San Remo, Traffic Conditions on Calle San Remo. COMMISSION REPRESENTATION (23) Dennis Johnson, Traffic and Transportation Commission, advised that he was present to answer any questions with regard to recommendations made by the Commission. PUBLIC HEARINGS 1. APPEAL OF OF APPROVAL (68) Written Communications: (1) Letter dated May 10, 1979, from Thomas O. Fincher, Home Federal Savings, requesting that the Public Hearing be continued to the meeting of June 6 due to the continuation of consideration of the zone variance request by the Planning Commission. (2) Report dated May 16, 1979, from the Director of Community Planning and Development, setting forth the background of the continuation. Public Hearing: Notice of continuation of the Public Hearing having been given as required by law, Mayor Friess declared the Hearing open; and, there being no response, continued the Hearing to June 6 at 7:00 P.M., in the City Council Chamber. -2- 5/16/79 2. TENTATIVE PARCEL MAP 854, APPEAL OF ZONE VARIANCE 79-7 321 (85) Proposal: Consideration of the focus environmental impact report; Tentative Parcel Map 854 for a division of 5.97 acres of land into 4 parcels for property located on the west side of Camino Capistrano south of the existing San Juan Plaza; Architectural Control 79-7 for a shopping center master plan; and, Zone Variance 79-7 for a reduction in rear and side yard setbacks and a reduction in required parking spaces from 326 to 316. The City Council has appealed the Planning Commission conditional approval of the zone variance and site plan. Applicant: Philip Whitener, c/o Collins Diversified, 270 South Bristol, Suite 201, Costa Mesa. Written Communications: (1) Report dated May 16, 1979, from the Director of Community Planning and Development, advising that the Architectural Board of Review has determined that the project meets the design standards of the community, and forwarding the Planning Commission recommendation for approval of the Tentative Parcel Map. On April 10, the Commission approved the site plan building elevations, building materials and landscape plan. The CC&R's for the project are to include a condition requiring that employees park in the area behind the proposed market. In order to mitigate off-site traffic congestion at the intersection of Camino Capistrano and San Juan Creek Road, the Traffic Engineer has recommended installation of a temporary signal; and, if necessary, construction of additional travel lanes at the intersection, pending completion of the San Juan Creek bridge widening project in 1984. The center under consideration is expected to be completed during 1980. (2) Letter dated May 11, 1979, from Town Hall Association of San Juan Capistrano, Inc., P. O. Box 842, recommending denial of the project based on non-conformance with the General Plan and distribution of neighborhood convenience centers, traffic congestion, variance from the recommendations of the Commercial and Industrial Incentives Committee Report and general concepts of the downtown area. (3) Letter petition received May 15, 1979, and signed by 25 tenants of the adjoining San Juan Plaza, urging denial of the zone variance and requesting that approval only be given to a final plan that provides reasonable vehicular and pedestrian traffic flow with San Juan Plaza and parking and that addresses the visual impact of man-made surroundings. Exhibits were on display, and the Director of Community Planning and Development made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: (1) John Collins, Collins Diversified, developers, spoke in support of the project. -3- 5/16/79 322 (2) Rick Gaylord of McClellan/Cruz/Gaylord, project architects, noted the amount of time and effort expended by the applicants and requested specific information on the City Council appeal and opportunity for rebuttal. Council Discussion: Mayor Friess requested that Council Members cite their concerns at this point and there was a consensus that problem areas include traffic generated by a market and the impact on Camino Capistrano and circulation at San Juan Creek bridge, concerns with AHFP funding and bridge recon- struction and parking. Council also cited economics and the ability of support by City services, noted that the cumulative amount of commercial development in the City should be addressed in the environmental impact report and that phasing of other developments in the City should be con- sidered. It was also noted that parking areas behind markets are often not utilized, that the location of building F appears to block access to San Juan Plaza, and that traffic flow should be improved through the inside of the centers. Council concurred in appreciation of the architectural design of the project. Mayor Friess then asked for comment from the audience in support of the project and the following persons responded: (1) Butch Hale, owner of Butch's World of Sport in San Juan Plaza, cited the additional people and traffic that would be drawn to the area by an anchor retail development. (2) Art Koehler, representing the Chamber of Commerce, noted general approval of the plan as an anchor project and the architecture. The following persons then responded in opposition to the project: (1) Art Koehler, Suite A103, San Juan Plaza, cited parking, trash and trash collection, integration of the adjacent center, and suggested buildings E and F become the second stories of the buildings paralleling the railroad tracks. (2) Robert Astrik, Suite C103, San Juan Plaza, cited insufficient parking and suggested the project be modified. (3) Dr. Bernard Huss, Suite A105, San Juan Plaza, cited the importance of parking and access. (4) John Pierce, former tenant, San Juan Plaza, stressed the importance of through driveway traffic between the shopping centers. (5) John Chance, Suite D106, San Juan Plaza, cited the importance of through driveway traffic and noted the lack of signs at the front of San Juan Plaza. (6) Maxine Maurice, Chamber of Commerce Business and Government Relations Committee, noted the City's responsibility to respond to existing businesses. (7) James Baird, Suites C105 and 106, San Juan Plaza, noted that trash depositories, electrical conduits and walls will face their shop and that delivery trucks will pass in front. Subsequently, Mrs. Baird also cited traffic conditions on Camino Capistrano and the need for access through the centers. -4- 5/16/79 323 The following persons then addressed the Council: (1) John Collins, developer, stated they would eliminate rear doors on the buildings opposite San Juan Plaza if the City desires, and thus eliminate rear deliveries, that they have agreed to contribute $8,000 to the signal at Camino Capistrano and San Juan Creek Road, and will provide a median strip, and that the project should have a positive effect on the City; Mr. Collins requested approval of the project. (2) Ed Markson, a Vice -President for Alpha Beta Markets, noted that merchandizing studies support the location of a market at the site, that the size of the parking stalls could be reduced and negate the need for a parking variance; and, in response to Mayor Friess, noted that super markets require a population of at least 10,000 people per market and that they expect to draw customers from Laguna Niguel, Capistrano Beach, and Dana Point. (3) Ed Rusak, JHK and Associates, Traffic Engineer for Alpha Beta, reviewed the studies made of traffic and circulation. There being no further response, Mayor Friess declared the Hearing closed. Council reiterated concerns with traffic circulation and cooperation with the adjoining Plaza, the parking design and use of spaces behind the project buildings, and delivery trucks. Council also noted that the environmental impact report should be updated and include consideration of imple- mentation of the downtown study and one-way traffic on Camino Capistrano, and that density on the property is too heavy. Mayor Friess suggested that the City should reconsider the square footage allowed in neighborhood convenience centers and further suggested that San Juan Plaza merchants should submit a request to the City if there is a legitimate problem regarding sign requirements. Focus Environmental Impact Report, Finding of Inadequacy: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried that the environmental impact report be found inadequate due to the following: (1) the uncertainty of Arterial Highway Financing Program funds and the effect on the San Juan Creek bridge; and, (2) the plans for modifications to the downtown area on Camino Capistrano. Denial of Tentative Parcel Map 854 Without Prejudice: It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe to deny approval of Tentative Parcel Map 854 without prejudice due to the fact that the site is physically unsuitable for the type of development proposed and may cause an adverse impact upon the public health, safety, and welfare. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: Councilman Schwartze ABSENT: None Denial of Zone Variance 79-7: It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to deny the zone variance application based on the following points: -5- 5/16/79 32 r (1) To master plan the entire commercial center as to avoid encroachment on existing easements, specific design constraints were placed upon the project which preclude the applicant from meeting several developmental requirements of Ordinance 293; (2) The variance is unnecessary for the preservation and enjoyment of a privilege enjoyed by other properties in the vicinity and under identical zoning; (3) The granting of the variance will contribute to a property development which will be materially detrimental to the public welfare and injurious to the property or improvements in the vicinity; (4) The granting of the variance is inconsistent with the goals, policies, and objectives of the General Plan. Denial of Architectural Control 79-7: It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim to deny Architectural Control No. 79-7. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe, Buchheim and Mayor Friess NOES: Councilman Schwartze ABSENT: None The City Council actions in denying Tentative Parcel Map 854, Zone Variance 79-7, and Architectural Control 79-7 are incorporated in the following Resolution: RESOLUTION NO. 79-5-16-2, TENTATIVE PARCEL MAP 854 'n nnrTT mranmrrnrr nnTTmnnT ' O -'T TTTT OnTTU VADTANT TV %Q-% BUSINESS PROPERTIES INC./ALPHA BETA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING WITHOUT PREJUDICE: TENTATIVE PARCEL MAP 854, THE DIVISION OF 5.97 ACRES INTO FOUR PARCELS; ARCHITECTURAL CONTROL 79-7 FOR A MASTER PLAN OF A SHOPPING CENTER; AND ZONE VARIANCE 79-7 FOR A REDUCTION IN THE REAR YARD SETBACK ON PARCEL 1 FROM 25 FEET TO 0 FEET, A REDUCTION IN THE SIDEYARD SETBACK FROM 5 FEET TO 0 FEET ON PARCEL 2, A REDUCTION IN THE REAR YARD SETBACK ON PARCEL 3 FROM 25 FEET TO 10 FEET, A REAR YARD SETBACK REDUCTION ON PARCEL 4 FROM 25 FEET TO 20 FEET, AND A REDUCTION IN THE REQUIRED PARKING FROM 326 TO 316 SPACES RECESS AND RECONVENE Council recessed at 9:30 P.M., and reconvened at 9:45 P.M. TRAFFIC AND TRANSPORTATION COMMISSION 1. REPORT OF TRAFFIC CONDITIONS LOS CORRALES; (87) This item was taken out of order for the benefit of members of the audience. Written Communications: (1) Report dated May 16, 1979, from the Director of Public Works, forwarding the recommendation of the Traffic and Transportation Commission that the City Council approve temporary closure of Calle San Remo at -6- 5/16/79 325 the boundary of Los Corrales, Tract 9373, with provisions for bicycle and pedestrian access, until 30 days following completion of Camino La Ronda and La Novia Avenue. City staff recommends that action be deferred for 60 days pending review of legal implications and traffic impacts. The Director of Public Works advised that the report was prepared in response to a petition received from residents of Calle San Remo. (2) Letter dated May 14, 1979, from George T. Kruer, Los Corrales Estates, 2643 Fourth Avenue, San Diego 92103, requesting an opportunity to review the situation prior to Council action. Council Discussion: During discussion it was clarified that the tract condition of approval indicates Calle San Remo as a through street; Mayor Friess advised that residents of San Juan Terrace were assured by the developer that it would not be a through street. Access to Los Corrales was closed in an attempt to restrict construction vehicles from using San Remo rather than Camino La Ronda, the main entry to the Los Corrales development. Mrs. Starr, 27927 Calle San Remo and David Henry, 31986 Via Madonna, addressed the Council in support of street closure. Authorization for Street Closure: It was moved by Councilman Thorpe, Hausdorfer and unanimously carried San Remo be closed with a barrier access until issuance of the final subsequent review. PUBLIC HEARINGS (CONTINUED seconded by Councilman that access through Calle which would allow emergency occupancy permit and 3. REQUEST FOR CABLE TELEVISION RATE INCREASES T.M. COMMUNICATIONS (43) Proposal: A request by T.M. Communications for approval of new rates and charges for cable television service within their service area. Applicant: Richard E. Young, Vice President, T.M. Communications, 3303 Harbor Boulevard, Costa Mesa, 92626. Written Communications: Report dated May 16, 1979, from the Director of Administrative Services providing comparative data and background information on rate structures, service areas and franchise fees for T.M. Communications and Storer Cable Television. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons responded: (1) Richard Young, representing Orange County Cable Television/ T.M. Communications, advised that their subscribers had been notified of the Public Hearing as of April 20, cited improvements made in services, equipment and facilities, and requested approval of the increases. The following persons spoke in opposition to rate increases: (1) John Katzmeier, 27575 Brookside Lane; (2) Charles Ward, 26432 Pepperwood Lane, representing the Village San Juan Homeowners Association; -7- 5/16/79 326 (3) Jerry Kaufman, 27001 Calle Don Carlo. There being no further response, Mayor Friess closed the Public Hearing. Continuation to July 18: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to direct staff to schedule the following items for Council consideration at the meeting of July 18, 1979: (1) Amendment to Section 16, Ordinance No. 149, granting requested rate increases to T.M. Communications. (2) Amendment to Section 14, Ordinance No. 149, increasing franchise fee from 2% to 38. (3) Amendments to Section 14, Ordinance No. 149 and Section 5, Ordinance No. 333, expanding the basis of payment of all franchise fees to include revenue from all cable services including basic subscriber services, pay television, advertising and leased access. The City Manager advised that the staff study of franchise areas would be accomplished following upcoming budget considerations. TRACT 9284, KING - CATION OF (85) Proposal: A request for reduction in rear yard setbacks from 35' to 25' for Lots 1, 2, 3, 19 and 20 of Tract 9284. Applicant: Chuck King and Associates, 26872 Calle Hermosa, Capistrano Beach, 92624. Written Communications: Report dated May 2, 1979, from the Director of Community Planning and Development, forwarding the recommendation made by the Planning Commission on April 10,and 6 letters from residents of Calle Andalucia, San Clemente, in opposition to the request. David Lang, architect, 267 Avenida Adobe, San Clemente, addressed the Council in support of the request. Denial of Request: It was moved by Councilman Thorpe and seconded by Councilman Buchheim to approve the recommendation of the Planning Commission for conditional approval. The motion failed by the following vote: AYES: Councilman Buchheim NOES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess ABSENT: None It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe to deny the proposed amendment to Condition No. 15 of Resolution No. 77-2-2-6. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSTAIN: Councilman Buchheim ABSENT: None -8- 5/16/79 PUBLIC HEARINGS (CONTINUED) 4. ORTEGA PLANNED COMMUNITY (85) A. Amendment to Permitted Uses in Plann and, Area Plans A, C, and D-1 Section C 327 Written Communications: Report dated May 16, 1979, from the Director of Community Planning and Development, forwarding the recommendation made by the Planning Commission on April 24 that permitted uses in Planning Section C include general office uses and that permitted uses in Planning Section B include a conditional joint parking agreement. Exhibits were on display and Tom Tomlinson, Associate Planner, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: (1) Jon Pugh, representing Tarnutzer-Hamilton, project developers, and Council discussed amounts of acreage and public dedication of land including the trail system; Mayor Friess suggested that the issues of acquisition or acquisition of development rights and ownership of open space including Lot H should be addressed. (2) Ilse Byrnes, Chairman of the Equestrian Commission, advised that topography was an area of concern and that the Commission recommends equestrian use in Section C. There being no further response, Mayor Friess closed the Public Hearing. Permitted Uses in Planning Section C/Introduction of Ordinance No. 384: 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. 384, AMENDMENT TO REZONE 78-1 (ORTEGA PROPERTIES) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 379 BY AMENDING THE PERMITTED USES IN PLANNING SECTOR C AS DEFINED IN COMPREHENSIVE DEVELOPMENT PLAN 78-1 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None The Ordinance amends Comprehensive Development Plan 78-1 adopted on January 3, 1979, to include general office uses within Planning Section C and parking lots to serve adjacent uses in Planning Section B. -9- 5/16/79 328 Approval of Area Plans for Planning Sectors A and D-1: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the Area Plans for Planning Sectors A and D-1, which include architectural theme, concept site plans, landscape plans and grading plans; approval of Planning Sector C is withheld at this time. Consideration is to be given to constraints including maintenance of improve- ments and control over ground leases or lot sale subdivision determinations. Tentative Parcel Map 856 (Ortega Properties): With the concurrence of Council and the consent of the applicant, Mayor Friess continued the Public Hearing on Tentative Parcel Map 856 to the meeting of June 6, 1979, at 7:00 P.M., in the City Council Chamber. - Approval of Tentative Parcel Map 857 (Cantor Development Limited) Proposal: A request to subdivide 10.19 acres of land into 5 lots for a portion of Planning Section B of the Ortega Planned Community, said parcels to form the legal descriptions for the issuance of assessment bonds. Recordation of the final map is held pending Planning Commission approval of the specific development plans. Applicant: Cantor Developments Limited, c/o Chuck King, 26872 Calle Hermosa, Capistrano Beach 92624. Written Communications: Report dated May 16, 1979, from the Director of Community Planning and Development. Council discussed means of providing control over maintenance of improvements and preference for dealing with one developer rather than five property owners. It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim that the following Resolution be adopted with the inclusion of a condition providing for landscape maintenance in the CC&R's: RESOLUTION NO. 79-5-16-3, TENTATIVE PARCEL MAP 857 (KING -CANTOR) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 857, A PROPOSAL TO SUBDIVIDE 10.19+ ACRES OF LAND INTO FIVE LOTS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, and Buchheim NOES: Councilman Thorpe and Mayor Friess ABSENT: None CONSENT CALENDAR It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -10- 5/16/79 329 1. APPROVAL OF WARRANTS (41) The List of Demands dated May 16, 1979, Warrants Nos. 16613 through 16747, inclusive, in the total amount of $422,000.11, is approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF APRIL 30, 1979 (41) The City Treasurer's Report of Investments as of April 30, 1979, is approved as submitted. 3. 1911 ACT BOND (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of April 30, 1979, is approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF MARCH 31, 1979 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the nine-month period ending March 31, 1979, is approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF MAY 8, 1979 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of May 8, 1979, is ordered received and filed. 6. EXPANSION OF PARKING LOT PAVING AND PATIO CONSTRUCTION - (23) The plans and specifications for expansion of the parking lot and construction of a patio behind the San Juan Hot Springs Dance Hall are approved and staff is authorized to call for bids. The Engineer's estimate of project cost is $11,000, with funds available from the Parks and Recreation Fund, Upgrade of Existing Facilities and Dance Hall. 7. MAJOR STREET REPAIRS - APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS (83) The plans and specifications for the construction of major street repairs are approved and staff is authorized to call for bids. The estimated project cost is $25,000. 8. ARCHI M CE OF SEWER (73) The Easement Deed for sewer purposes over the private streets (80) of the 56 -unit apartment complex at the corner of Del Obispo and Alipaz Streets is accepted from Wertin Development Company, and the City Clerk is directed to record the Deed. 92! CONTROL 76-5 - (38) Staff is authorized to release the following Faithful Performance Bond for construction of sidewalks on Camino Capistrano in conjunction with Architectural Control 76-5: Bond No. 9928 in the amount of $10,000, issued by Surety Company of the Pacific -11- 5/16/79 330 10. STATUS REPORT - CONSTRUCTION ADJACENT TO SUNHOLLOW (85) The status report dated May 16, 1979, from the Director of Public Works on the repair of landscaping to Tract 7673 is ordered received and filed. 11. RELEASE OF CERTIFICATE OF DEPOSIT, CONDITIONAL USE PERMIT 78-5 (FRED JONES TRUCKING) (49) Staff is authorized to release the $600 Time Certificate (39) of Deposit No. 45-A 20646, to Fred Jones Trucking in conjunction with the sand and gravel operation in San Juan Creek, Conditional Use Permit 78-5. The Certificate is for the purpose of insuring restoration of San Juan Creek Road and was issued by California First Bank. 12. PUBLIC HEARING DATE FOR APPEAL OF PLANNING COMMISSION ACTION - CONDITIONAL USE PERMIT 79-5 (HOFFMAN) (39) A Public Hearing is to be scheduled for June 6, 1979, on the Planning Commission approval of Conditional Use Permit 79-5, a proposed commercial stable located on San Juan Creek Road, as filed by Mrs. Carolyn Munson. REPORT OF PLANNING COMMISSION MEETING OF MAY 8, 1979 - COUNCIL APPEAL OF COMPOSITE DEVELOPMENT PLANS FOR TRACT 9786 (67) It was moved by Councilman Buchheim, seconded by Councilman (85) Thorpe and unanimously carried to appeal the Planning Commission approval of the composite development plans for Tract 9786 (Patrick -Black Mountain Villas) and to receive and file the remainder of the Report of Actions dated May 8, 1979. CAMINO DEL AVION STORM DRAIN - APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS (80) It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to approve the plans and specifications for the Camino del Avion Storm Drain project and improvements to Camino del Avion from Alipaz Street to Del Amo and to authorize staff to call for bids. Project costs are estimated at $233,000, with funding provided from the Drainage and Systems Development Funds; and, funds loaned from the Agricultural Preservation Fund which are to be considered as advances only and are to be reimbursed to that fund. CREDIT FOR SYSTEMS DEVELOPMENT FEES - CASITAS DE ALIPAZ (WOOLSEY) (86) It was moved by Councilman Buchheim, seconded by Councilman (68) Thorpe and unanimously carried to receive and file the report dated May 16, 1979, from the Director of Public Works regarding an allocation of credit towards the Systems Development Tax for funds deposited for the traffic signal at Alipaz and Del Obispo Streets. The item is to be scheduled for a future City Council Agenda for consideration. TREE REMOVAL APPLICATION, LOTS 2, 4, 7 AND 8 - TRACT 9795 (LOVE) (74) It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried that the decision of the Tree Inspector be confirmed with regard to the approved removal of all citrus trees on Lots 2, 4, 7 and 8 of Tract 9795, as set forth in the report dated May 16, 1979, from the Director of Community Planning and Development. -12- 5/16/79 331 ADMINISTRATIVE ITEMS CITY MANAGER 1. ORANGE COUNTY RETIREMENT PLAN AND CONSIDERATION OF CITIZENS COMMITTEE (66) Written Communications: Report dated May 16, 1979, from the City Manager setting forth City participation in the Orange County Employees' Retirement System and creation of a Citizens' Advisory Committee to advise on financial impacts of various pension plans for employees. John O'Malley, representative of the Employees' Association, advised that he would withhold comment pending a decision on appointment of a committee. It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to direct staff to advertise for persons interested in applying for appointment to an ad hoc advisory committee. Committee guidelines and charge are to be designed by Mayor Friess and the City Manager; the Employees' Association representative is to be kept advised of progress and to be supplied with copies of reports. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. REQUEST FOR INITIATION OF GENERAL PLAN AMENDMENT (FALKLAM) (46) Proposal: A request for initiation of a General Plan Amendment to increase allowable units from 9 to 12 on a 3-1/2 acre parcel located off Del Obispo Street. Applicant: Harry Falklam, P. O. Box 904, San Juan Capistrano. Written Communication: Report dated May 16, 1979, from the Director of Community Planning and Development forwarding the recommendation of denial made by the Planning Commission on April 24th. Approval of Request: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to approve initiation of a General Plan Amendment for processing, as requested by the applicant. ADJOURNMENT The meeting was adjourned at 12:35 A.M., Thursday, May 17, 1979, to the next meeting date of Thursday, May 17, 1979, at 5:30 P.M., in the City Council Chamber for the purpose of completing the Agenda. Respectfully submitted, ATTEST: KENNETH E. FRIESS, MAYOR MARY ANN i?ANOVER, CITY CLERK -13- 5/16/79