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79-0606_CC_Minutes_Regular Meeting343 JUNE 6, 1979 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Friess at 7:15 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Homer Waisner, Ocean Hills Community 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; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson, Deputy City Clerk. MINUTES Regular Meeting of May 16, 1979: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of May 16, 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 Adjourned Regular Meeting of May 17, 1979: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the Minutes of the Adjourned Regular Meeting of May 17, 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 Thorpe, 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- 6/6/79 PRESENTATIONS AND COMMENDATIONS 1. COMMENDATION, ARCHITECTURAL BOARD OF REVIEW MEMBER TONY BLAND (36) Mayor Friess advised that Mr. Bland will not be moving out of the City and has requested consideration for re -appointment to the Architectural Board of Review. Mr. Bland's resignation had been accepted at the Council meeting of May 17, 1979. Appointment to the Board will be considered later on the Agenda. ORAL COMMUNICATIONS 1. GRADING IMPACTS - MISSION HILLS PHASE II (85) Michael Berns, 26921 Canyon Crest Road, made a slide presentatior showing grading being done in Mission Hills Phase II, and expressed concern regarding grading for lot sale subdivisions where housing will not be completed for several years. With the concurrence of Council, Mayor Friess directed that the issue of final grading for lot sale subdivisions with long-term buildout be scheduled for the June 20th Agenda. 2. TRAFFIC CONDITIONS - CALLE SAN REMO/LOS CORRALES (87) The following persons addressed the Council regarding the petition received from residents of Los Corrales requesting that Calle San Remo be re -opened to passenger vehicle traffic: (1) Dennis Haehn, 28261 Via Rueda, in favor of re -opening Calle San Remo; (2) Robert Barton, 28241 Paseo Corrales, in favor of re -opening Calle San Remo; (3) Tim Kruer, developer of Los Corrales, advised that he would be willing to post a guard in order to control construction traffic, and that he is working as repidly as possible to finish Camino La Ronda; (4) Colleen Whiat, 27871 Calle San Remo, representing the interests of San Juan Terrace residents. PETITION TO RE -OPEN CALLE SAN REMO (87) This item was taken out of order for the benefit of persons (72) in the audience. Written Communications: Petition dated May 21, 1979, signed by the 31 current residents of the Los Corrales development protesting the closure of Calle San Remo approved at the May 16th Council meeting and suggesting alternatives to provide access on Calle San Remo while addressing concerns expressed by San Juan Terrace with regard to construction traffic. Council Discussion: Mayor Friess cited his feeling that the problem had been resolved at a meeting held on May 30th to receive citizen input; reiterated his suggestion that until Camino La Ronda is completed, a guard be posted at the chained intersection at Calle San Remo to allow access in cases of emergency or closure of La Ronda only and that the condition would exist until La Ronda is safe, at which time San Remo would be closed pending further study. -2- 6/6/79 345 Mr. Kruer advised that he has already posted a 24-hour guard on San Remo; that by June 9th the residents will have a full section to drive on and that La Ronda will be paved on Monday and Tuesday; that he has installed a light -weight breakaway barricade, as agreed; and, suggested that residents of Los Corrales and San Juan Terrace meet together and work with the Traffic Commission on the problem. Council further discussed concerns with safety and the need for emergency access; the required waiver signed by residents obtaining early occupancy; and, problems encountered when residents are allowed to move in prior to completion of public improvements. Issuance of Occupancy Permits: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer to rescind the staff authority to issue occupancy permits to any tract that has not complied with all improvements necessary to start that tract. With the concurrence of the second, the motion was subsequently amended to rescind staff authority to issue occupancy permits to any tract except Los Corrales and tracts in the same category that have not completed public improvements. The motion carried unanimously. Continuance to June 20: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to direct the developer to post a 24-hour guard at the chain gate until La Ronda is finished and released for access, the purpose of the guard being to give people exit on legitimate emergencies only, except when La Ronda is specifically closed; further, that the issue of consideration of re -opening Calle San Remo is to be on the June 20th Agenda. Mayor Friess also suggested that the meaning of "completion of construction" be agendized. WRITTEN COMMUNICATIONS 1. REQUEST FOR FUNDS FOR APPEAL PROCESS SCAG HOUSING ELEMENT EIR (CEEED) (61) Council received copies of a letter dated May 15, 1979, from (76) Clifford C. Hood, President of CEEED, requesting financial assistance to carry on CEEED's court proceedings against SCAG, who has appealed a decision won by CEEED in invalidating the SCAG Housing Element on the grounds that the EIR is inadequate. With the concurrence of Council, Mayor Friess directed that the request be received and filed. 2. REQUEST FOR DEFERMENT OF PAYMENT OF FEES, DIVISION OF LAND 78-4 (HUSOE) (85) Council received copies of a letter dated May 30, 1979, from (76) Oystein Frey Husoe, requesting deferment of payment of Agricultural Preservation and Park and Recreation Fees on two lots on McCracken Hill, until building permits are issued. With the concurrence of Council, Mayor Friess directed that the request be referred to the Director of Public Works for report on June 20, 1979. PUBLIC HEARINGS 1. TENTATIVE PARCEL MAP 856, ORTEGA HIGHWAY (ORTEGA PLANNED COMMUNITY) (85) This public hearing is continued from the meeting of May 16, 1979. Written Communications: Report dated June 6, 1979, from the Director of Community Planning and Development, forwarding a revised resolution which addresses Council concerns with regard to development phasing and maintenance of common landscaping and facilities. -3- 6/6/79 346 2. 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. Approval of Tentative Parcel Map 856: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 79-6-6-1 /nDTVA nVnDVnmTFcl - a w COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 856, A PROPOSAL TO SUBDIVIDE 69+ ACRES OF LAND INTO 38 LOTS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None USE OF REVENUE SHARING FUNDS, FISCAL YEAR ENDING JUNE 30, 1980 (44) Proposal: First of two public hearings required by the Federal Revenue Sharing Act, to encourage citizen involvement in the proposed use of general revenue sharing allocations. Written Communications: Report dated June 6, 1979, from the Director of Administrative Services, advising that the City's share of $112,189, will be received during the Federal fiscal period of October 1, 1979, to September 30, 1980. 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. With the concurrence of Council, Mayor Friess directed that the report be received and filed. The next hearing is to be held in conjunction with the budget submission to Council. 3. APPEAL OF PLANNING COMMISSION DECISION - (39) Proposal: Appeal of the April 24th Planning Commission approval of CUP 79-5, a commercial stable located on San Juan Creek Road adjacent to Harold Ambuehl School. The stable would consist of 90 stalls, tack rooms, caretakers' residences, parking areas and pastures. Appellant: Carolyn Munson, 31505 Paseo Christina, San Juan Capistrano. Written Communications: Report dated June 6, 1979, from the Director of Community Planning and Development, forwarding a Resolution approving the Conditional Use Permit subject to conditions. Mr. Merrell advised that Condition #14 was added so that any amenities that the stable could operate without; i.e., fencing, landscaping, paved parking areas, would have to be installed before occupancy permits and utility connections will be granted. -4- 6/6/79 34"7 Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons addressed the Council: (1) Dale Smith, 31515 Paseo Christina, citing concerns regarding fencing, traffic and parking problems, aesthetics and conduct of persons associated with the stable, and noted his support of the stable provided his concerns were met; (2) Colleen Whiat, 27871 Calle San Remo, concurred with Mr. Smith, and cited concerns regarding traffic impacts on Calle San Remo; (3) Rick Munson, 31505 Paseo Christina, cited his concern with regard to impacts on Hidden Valley lifestyle, property and children; fencing, subleasing of the property; and, that the stable be constructed according to plans. Mr. Munson cited his support provided his concerns are met; (4) Tim Kruer, Patrick Development, advised that Patrick Development is owner of property across the street from the proposed project and that they were not notified of the project. Mr. Kruer requested time to review the project and conditions. There being no one else wishing to address the Council, Mayor Friess declared the Hearing closed. Motion to Continue to June 20: It was moved by Councilman Schwartze, seconded by Councilman Thorpe that Mr. Kruer be provided with a copy of the staff report on the Hoffman Stables, and that the public hearing be continued to June 20. The motion failed by the following vote: AYES: Councilmen Thorpe and Schwartze NOES: Councilmen Hausdorfer, Buchheim and Mayor Friess ABSENT: None Council Discussion: Council discussed an assessment district to extend and improve San Juan Creek Road; the need for perimeter fencing of activity areas; control of equestrian access to the trail in the creekbed; and, that Mrs. Hoffman would have the option of developing the stable in phases if she desires, but that Conditions 2, 5, 8, 13 and 14 of the resolution should be met. Mayor Friess questioned the number of caretakers' residences in terms of subleases, and City control over stable conditions. He was advised that Mrs. Hoffman would be responsible for any violations. Approval of Conditional Use Permit 79-5: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted, with amendments to include a clarification of Condition 14, fencing adjacent to the school property and along the northern boundary with fence openings to be controlled by the City: RESOLUTION NO. 79-6-6-2, CONDITIONAL USE PERMIT 79-5 (HOFFMAN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 79-5 (HOFFMAN) FOR THE ESTABLISHMENT OF A COMMERCIAL EQUESTRIAN STABLE. -5- 6/6/79 348 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None RECESS AND RECONVENE Council recessed at 9:41 P.M., and reconvened at 9:53 P.M. 4. TENTATIVE PARCEL MAP 855, ORTEGA HIGHWAY (DAKIDES (85) Proposal: A subdivision of 3.23+ acres into 3 parcels of 1.02, 1.02, and 1.19 acres, respectively, located on Ortega Highway between El Nido Mobile Home Park on the west and Tract 6305 (Forster/ Leck) on the east. Applicant: Franklin Dakides, 25012 Nellie Gale Road, Laguna Hills. Written Communications: Report dated June 6, 1979, from the Director of Community Planning and Development, forwarding the Planning Commission's recommendation of approval. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Hearing open; and, there being no response, declared the Hearing closed. Approval of Tentative Parcel Map 855: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-6-6-3, TENTATIVE PARCEL MAP 855 (DAKIDES) - A RESOLUTION OF THE CITY COUNCIL OF TH. CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 855 (DAKIDES) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None 6. GENERAL PLAN AMENDMENT 79-2B, (GLENDALE FEDERAL) (46) This item was held over from the meeting of May 2, 1979, in order to receive public input on the issues at a meeting scheduled by Town Hall Association and attended by members of the City Council, Planning Commission, staff, and representatives of the developer and the school district. Written Communications: Report dated June 6, 1979, from the City Manager, forwarding staff responses to questions raised in a letter dated May 1, 1979, from Town Hall Association and by Council on May 2. -6- 6/6/79 349 Mr. Merrell advised that the process being followed is to approve a General Plan Amendment which, if approved, would be followed by a rezone, and then comprehensive development plans. Mayor Friess cited his personal feelings that the issues fit into three basic categories, which should be addressed before final approval: (1) a need for clarification whether 1201 units is an absolute number or a maximum number; (2) a need for clarification with regard to City control over grading; and (3) a need for some kind of equestrian designations within the property. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons addressed the Council: (1) Jill Hanna, 30161 Branding Iron Road, representing Town Hall Association, read portions of a letter dated June 1, 1979, from Town Hall Association to the City Council, in opposition to the project at this time; (2) Fred Jenner, President of the Chamber of Commerce, cited the Chamber's support of the project, based on staff recommendations; (3) Michael Berns, Member of the Planning Commission, cited the impacts of the 180 -unit Mission Hills Phase II project versus the 1201 -unit Glendale Federal Project, and reaffirmed the opposition of the Planning Commission; (4) Robert Davies, Member of the Planning Commission, cited concerns with impacts on schools, the treatment plant, sewers and the lack of alternatives; (5) Yvon Heckscher, 32341 Del Obispo Street, read a statement citing his concerns with regard to the legal deficiencies of aspects of the Stipulation for Judgment, the Judgment, and the Agreement for the Conveyance of Land. There being no one else wishing to address the Council, Mayor Friess declared the Hearing closed. Motion to Continue: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer to continue the hearing to June 20th, in order to receive additional clarification. The motion was subsequently withdrawn. Council Discussion: Councilman Hausdorfer advised that he would like to receive an independent legal opinion with regard to the concerns addressed by Mr. Heckscher; that he would like to receive comments from the SERRA Board with regard to impacts on the sewer system and treatment plant; and, requested some disucssion with regard to traffic impacts and developer contributions toward re -construction of the San Juan Creek bridge. Motion to Deny Environmental Impact Report and General Plan Amendment: It was moved by Councilman Thrope, and seconded by Councilman Hausdorfer that the Environmental Impact Report be found inadequate, and on that basis, to deny the General Plan Amendment. The motion failed by the following vote: -7- 6/6/79 350 AYES: Councilmen Hausdorfer and Thorpe NOES: Councilmen Schwartze, Buchheim and Mayor Friess ABSENT: None Denial of Environmental Impact Report and "No Action" on Project: Councilman Thorpe cited his feelings that the Environmental Impact Report does not adequately address the impacts and mitigating measures with regard to sewage, drainage, traffic, amounts of grading, and school fees, and therefore, does not provide adequate information to make a decision on the project. Councilman Buchheim advised that he would be in favor of - pursuing the legal aspects mentioned by Mr. Heckscher. It was moved by Councilman Schwartze, seconded by Councilman Buchheim to find the Environmental Impact Report inadequate and to take no action on the project, pending additional work on the Environmental Impact Report and a finding of adequacy; and, to adopt the following Resolution: 79-6-6-4 COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING THE ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT 79-2B (GLENDALE FEDERAL) INADEQUATE AND TABLING CONSIDERATION OF THE GENERAL PLAN AMENDMENT TO PROVIDE TIME FOR AMENDMENTS TO THE ENVIRONMENTAL IMPACT REPORT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Retention of Independent Legal Counsel: It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim that the City retain the services of an independent legal firm to review the negotiated settlement and to issue an independent opinion on the Judgment, The Agreement Conveying Land, and those items addressed by Mr. Heckscher. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Buchheim NOES: Councilman Thorpe and Mayor Friess ABSENT: None 6. APPEAL OF CONDITIONS OF APPROVAL, A.C. 78-9, HOME FEDERAL (68) This item was continued from the Council meeting of May 16, 1979, to allow time for a Planning Commission decision on Zone Variance 79-8, the Pacific Drive -In sign relocation. Written Communications: Report dated June 6, 1979, from the Director of Community Planning and Development, advising that the Planning Commission had approved relocation of the Drive -In sign subject to conditions; that the decision is being appealed by Pacific Drive -In Theatres; and, that due to the appeal, Home Federal has requested continuance of this Public Hearing to June 20. -8- 6/6/79 351 Continuance to July 5: Due to legal advertising requirements, a Public Hearing on the Pacific Drive -In zone variance may not be scheduled until July 5; therefore, it was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to continue the appeal of conditions of approval for A.C. 78-9 to the meeting of July 5. ORDINANCES 1. AMENDMENT TO REZONE 78-1, ORDINANCE NO. 384 (ORTEGA PROPERTIES) (ADOPTION) (55) The City Attorney read the title of Ordinance No. 384, which was regularly introduced at the meeting of May 16. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the following Ordinance be adopted: 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 2. REZONE 79-2, ORDINANCE NO. 385 (BARTON DEVELOPMENT) (ADOPTION) (55) The City Attorney read the title of Ordinance No. 385, which was regularly introduced at the meeting of May 17. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Buchheim and seconded by Councilman Hausdorfer that the following Ordinance be adopted: ORDINANCE NO. 385, REZONE 79-2 (BARTON) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 121-171-05 FROM AG (GENERAL AGRICULTURE) TO RM (MULTIPLE FAMILY) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze,. Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None RESOLUTIONS 1. AUTHORIZING APPLICATION FOR HISTORIC (23) Proposal: (41) A recommendation from the Cultural Heritage Commission that the City apply for Historic Preservation Grants -In -Aid funds -9- 6/6/79 352 to be utilized with other sources to equal 50% of the total estimated project cost of $44,000 for restoration of the Harrison House. Written Communications: Report dated June 6, 1979, from Pamela Hallan, Secretary of the Cultural Heritage Commission, forwarding a Resolution approving the Grant Application and the Project Agreement. Authorization for Application: It was moved by Councilman Schwartze, and seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-6-6-5. APP 114-1i1U Z U1NUO knk1r A.L.7VLN IIUUbL) - H tCl�2AU1,U'1'1UN UL'Ilih CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR THE HARRISON HOUSE PROJECT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. PROPOSAL FOR CONSULTING SERVICES, ASSESSMENT DISTRICT 78-1 (CAMINO CAPISTRANO SOUTH) (74) Proposal: Approval of an agreement between the City and Toal Engineering for provision of engineering services in conjunction with Assessment District 78-1, Camino Capistrano South. Written Communications: Report dated June 6, 1979, from the Director of Public Works. Approval of Agreement for Engineering Services: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the Agreement for Engineering Services with Toal Engineering of San Clemente, in an amount not to exceed $8,300, and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 2. AWARD OF CONTRACT - AHFP 883 (DEL OBISPO STREET AT AGUACATE ROAD) (GRIFFITH COMPANY) (82) Proposal: Approval of an Agreement between Griffith Company and the City for construction of improvements at Del Obispo and Aguacate Streets. Written Communications: Report dated June 6, 1979, from the Director of Public Works forwarding the results of bids opened on May 30th for the Del Obispo at Aguacate Project, AHFP 883, as follows: Griffith Company $255,528 Sully Miller 256,430 Shea Company 258,225 -10- 6/6/79 Award of Bid: It was moved by Councilman Buchheim, Hausdorfer and unanimously carried to for the Del Obispo Street at Aguacate to Griffith Company of Irvine, in the to reject all other bids. The Mayor authorized to execute the contract on CONSENT CALENDAR 353 seconded by Councilman award the contract Road Project, AHFP 883, amount of $255,528, and and City Clerk are behalf of the City. It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated June 6, 1979, Warrants Nos. 16748 through 16849, inclusive, in the total amount of $562,579.50, is approved as submitted. 2. REPORT OF TRAFFIC AND (23) The Report of Actions taken by the Traffic and Transportation Commission at the meeting of May 3, 1979, is ordered received and filed. 3. AGREEMENT FOR MAINTENANCE OF LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY, A.C. 78-5, ALIPAZ STREET (74) The Maintenance Agreement between the City and John Wertin Development Company, which provides that the developer assume all irrigation and maintenance responsibility for landscaping and trees within the public right-of-way along Alipaz Street, in conjunction with a 56 -unit apartment complex at the corner of Alipaz and Del Obispo Streets, is approved. The Mayor and City Clerk are authorized to execute the Agreement on behalf of the City; the City Clerk is authorized to record the document. 4. AWARD OF CONTRACT FOR REPLACEMENT OF DAMAGED TRAFFIC SIGNAL, DEL OBISPO STREET AT ORTEGA HIGHWAY (82) The contract for the replacement of the damaged traffic signal at the intersection of Del Obispo Street and Ortega Highway is awarded to the low bidder, Steiny and Company, Inc., of Anaheim, in the amount of $2,941, and all other bids rejected. 5. LOS RIOS AREA STREET IMPROVEMENTS RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT (GRIFFITH COMPANY) (23) Written Communications Report dated June 6, 1979, from the Director of Public Works advising that the work for the Los Rios Area Street Improvements has been completed by Griffith Company of Irvine. The payment status is as follows: -11- 6/6/79 35� Total Construction Cost $107,564.84 Less 10% Retention 10,756.48 Subtotal 96,808.36 Previous Payment 28,293.60 Balance Due 67,914.76 Acceptance of Work: The following Resolution is adopted: RESOLUTION NO. 79-6-6-6, COMPLETION OF LOS RIOS AREA STREET IMPROVEMENTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFI- CATIONS FOR THE CONSTRUCTION OF LOS RIOS AREA STREET IMPROVEMENTS The Resolution accepts the work as completed and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days; payment is authorized to Griffith Company in the amount of $67,914.76, with the 10% retention authorized for payment 35 days after recordation of the Notice of Completion. 6. AWARD OF CONTRACT FOR REAL ESTATE APPRAISAL SERVICES - ASSESSMENT DISTRICT 78-3 (ROBERT HARRISON) (74) The Agreement between the City and Robert H. Harrison, Inc., of Laguna Niguel, for property appraisal services in conjunction with Assessment District 78-3 (Ortega Properties), in the amount of $3,500, to establish appraised property values for right-of-way negotiations, is approved and the Mayor and City Clerk authorized to execute the Agreement on behalf of the City. 7. CONTRACT MODIFICATION FOR RIGHT-OF-WAY ENGINEERING SERVICES ASSESSMENT DISTRICT 78-3 (TOUPS CORPORATION) (74) The modification to the right-of-way engineering contract with Toups Corporation, of Orange, in conjunction with Assessment District 78-3 (Ortega Properties) to provide a Record of Survey of the District's boundary, in the amount of $5,220, such cost to be borne by the District, is approved and the City Engineer is authorized to supervise the work within the provisions of the existing right-of-way engineering Agreement with Toups Corporation. 8. AUTHORIZING LETTER OPPOSING ASSEMBLY BILL 772, NATIONAL REGISTER OF HISTORIC PLACES (23) The letter expressing the City's opposition to Assembly (51) Bill 772, is approved, the Mayor is authorized to sign, and staff is directed to forward the letter to area legislators. The bill is in direct conflict with the National Historic Preservation Act; if successful, San Juan Capistrano could lose a major source of funding for historical projects, as set forth in the report dated June 6, 1979, from Pamela Hallan, Secretary to the Cultural Heritage Commission. 9. APPEAL HEARING DATE - EXTENSION OF TIME, TRACT 9784 (MISBIN) (85) The hearing on the appeal of the Planning Commission denial of a time extension for Tract 9784, as filed by Morris Misbin, is scheduled for the Council meeting of June 20, as set forth in the report dated June 6, 1979, from the City Clerk. -12- 6/6/79 355 10. APPEAL HEARING DATE - GRADING PLAN, TRACT 9784 (MISBIN) (85) The hearing on the appeal of the Planning Commission denial of the grading plan for Tract 9784, as filed by Morris Misbin, is scheduled for the Council meeting of June 20, as set forth in the report dated June 6, 1979, from the City Clerk. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF MAY 15 AND MAY 29, 1979 (23) Following clarification that the 90 -day compliance period for Wagon Wheel Stables will be addressed later on the Agenda, it was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to receive and file the Report of Actions taken by the Equestrian Commission at their meetings of May 15 and May 29, 1979. REPORT OF PLANNING COMMISSION MEETING OF MAY 22, 1979 (67) Mayor Friess suggested that the time extension for Tentative (85) Tract 9786, Black Mountain Villas, be withheld from approval at this time and considered with the Council appeal of the Composite Development Plans, scheduled later on the Agenda. Appeal of Approval of Composite Development Plans, Tentative Tract 6305 (Forster/Leck): Mayor Friess suggested that Council look at the Composite Development Plans for Tentative Tract 6305 in terms of grading which is finished for a period of time before housing is built. It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to appeal the Planning Commission approval of the Composite Development Plans for Tentative Tract 6305 (Forster/Zeck). It was then moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to receive and file the remainder of the Report of Actions taken by the Planning Commission at their meeting of May 22, 1979. ADMINISTRATIVE ITEMS CITY MANAGER 1. REVIEW OF COMMISSION APPOINTMENTS - PARKS AND RECREATION COMMISSION (62) Written Communications: Report dated June 6, 1979, from the City Manager, forwarding a description of duties of the Commission and a list of Commission Members, attendance record for the past year, and a list of applications on file. Re -Affirmation of Current Commission Members: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to reaffirm the appointments of the following Commission Member for the term ending April 30, 1980: Gillian Cannon Duane Hallan Pauline Leonard Joe Quintana Brett Shears 2. REVIEW OF COMMISSION APPOINTMENTS - PLANNING COMMISSION (67) Written Communications: Report dated June 6, 1979, from the City Manager, forwarding a description of duties of the Commission and a list of Commission Members, attendance record for the past year, and a list of applications on file. -13- 6/6/79 356 Continuance to July 18, 1979: Councilman Schwartze moved to reaffirm the Planning Commission appointments for a period ending December 31st, at which time both Commission and staff appointments will be reviewed; in the meantime, Council should meet with the Commission in an effort to resolve problems. The motion died for lack of a second. Following further discussion, and with the concurrence of Council, Mayor Friess directed that the item be re -scheduled for the Council meeting of July 18, 1979. 3. REVIEW OF COMMISSION APPOINTMENTS - TRAFFIC AND TRANSPORTATION COMMISSION (23) Written Communications: Report dated June 6, 1979, from the City Manager, forwarding a description of duties of the Commission and a list of Commission Members, attendance record for the past year, and a list of applications on file. Re -Affirmation of Current Commission Members: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to reaffirm the appointments of the following Commission Members for the term ending April 30, 1980: Jim Allen Ron Fuchs Dennis Johnson Jerry Kaufman Sharon Neely DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT STATUS REPORT ON MEREDITH CANYON LANDSCAPING, TRACTS 8087 AND 8319 (85) Mayor Friess advised that he had met with the Homeowners Association regarding the slope maintenance problems. He suggested the issue of returning the slopes to the homeowners be agendized for the next meeting in order to obtain input from the people who live in Meredith Canyon; further, that the Board of Directors and all residents be notified. It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to agendize the item for public input at the June 20th Council meeting. INITIATION OF LAND USE MANAGEMENT CODE AMENDMENT (55) Written Communications: Report dated June 6, 1979, from the Planning and Development, citing two variance applications: creation of lots; and, building additions that 1 exterior walls that presently encro and recommending their removal from requirements. Council Discussion: Councilman Schwartze suggested t should be studied. Mayor Friess the issue of net square footage reductions for easements such as or trails. Director of Community recurring types of _ flag (reduced frontage) ine up flush with existing ach into a required setback, the variance processing hat location of pool equipment suggested that Council address of subdivision lots after public or private roads -14- 6/6/79 357 Initiation of Land Use Management Code Amendment: It was moved by Councilman Buchheim and seconded by Councilman Schwartze to initiate Land Use Management Code amendments for the following items: (1) variance procedures; and, (2) the net square footage of subdivision lots after easements; and, to refer the proposed changes to the Planning Commission for report and recommendation. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe Councilman Thorpe clarified that he is opposed to issuance of variances. The Amendment to study the location of pool equipment is to be placed on the To Do List and scheduled for August. 3. COUNCIL APPEAL OF PLANNING COMMISSION APPROVAL - (85) Proposal: A May 16th Council -initiated appeal of the May 8th Planning Commission actions approving the Composite Plans for Tract 9786. Also included in the consideration is the extension of time for Tract 9786, which was held from the Planning Commission Report of Actions of May 22. Written Communications: Report dated June 6, 1979, from the Director of Community Planning and Development, recommending confirmation of the Planning Commission's action. Exhibits were on display and Mr. Merrell noted grading to be done, pedestrian access into San Juan Terrace, landscaping, and development of a park to house and preserve the old bunkhouse currently located on the property. Approval of Composite Development Plans: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to confirm the actions of the Planning Commission in approving the Composite Development Plans and the extension of time. GRADING/SLOPES - LOS CORRALES - COUNCIL INFORMATION (85) This additional item is in response to Council concern regarding the slopes near the corner of La Novia and San Juan Creek Road in the Los Corrales Development. Exhibits were on display depicting cross-sections of the lots in question. Council Discussion: Council discussed concerns with regard to creating artificial grade differentials and grade differences from the original grading plan. (69) Policy Statement: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried that when there is a flat area of land adjacent to an established subdivision, that area may not be built up with fill material from grading without special direction of the Council. -15- 6/6/79 01 noo 050 4. REPORT ON TREE REMOVAL APPLICATIONS (74) The determinations of the Tree Inspector are confirmed for the following tree removal applications: (a) Removal of 17 orange trees and 3 avocado trees in conjunction with Tentative Parcel Map 851 (Ver Halen) on property located at the corner of Camino Capistrano and Calle Lorenzo, and submittal of a Tree Preservation Plan. (b) Removal of one 6 -inch multi -trunk pepper tree, Lot 5, Tract 9030, north side of Ortega Highway, east of Giddings Produce Stand (Smith). DIRECTOR OF PUBLIC WORKS 1. ADOPTION OF SERRA BUDGETS, PROJECT COMMITTEE NO. 2 TREATMENT PLANT) AND NO. 3 (EXISTING OCEAN OUTFALL) - (79) Written Communications: Report dated June 6, 1979, from the Director of Public Works. Approval of Budgets: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to approve the City's appropriations of $206,960 - Project Committee No. 2; $33,156 - Project Committee No. 3; and $3,500 - General Fund; and, the total SERRA budget for the period July 1, 1979, through June 30, 1980 of $995,000 - Project Committee No. 2; $174,781 - Project Committee No. 3; and, $21,000 - General Fund. 2. BUDGET EXPENDITURE - PROJECT COMMITTEE NO. 7A (SERRA) (79) Written Communications: Report dated June 6, 1979, from the Director of Public Works, advising that the budget expenditure is necessary to meet Regional Water Quality Control Board time frames with regard to mitigation of odors. Approval of Budget Expenditure: It was moved by Councilman Buchheim, seconded by Councilman Shcwartze and unanimously carried to approve the SERRA budget expenditure in the amount of $7,362 and to appropriate that amount from the Sewer Enterprise Fund. COMMISSIONS. BOARDS. COMMITTEES EQUESTRIAN COMMISSION 1. WAGON WHEEL STABLE LEASE REVIEW - 90 -DAY COMPLIANCE PERIOD (38) Proposal: Establishment of a 90 -day compliance period for the Wagon Wheel Stables, for compliance with the Lease Agreement approved by Council on May 3, the Land Use Management Code, and additional conditions agreed to by the owner of the Stables. Written Communications: Report dated June 6, 1979, from Mary Ann Hanover, City Clerk/ Equestrian Commission Secretary, forwarding the Commission's recommendation of May 14. -16- 6/6/79 359 Establishment of Compliance Period: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to establish a 90 -day compliance period, ending September 4, 1979, and to direct the Equestrian Commission to report back at the end of that time on conditions at the stable. SUPPORT OF SENATE BILL 295 (NEJEDLY) - OPEN SPACE AND RECREATION TRAIL FUNDING (51) Proposal: (62) Support of Senate Bill 295, which would authorize persons owing $5.00 or more in State income tax, to designate that $5.00 for payment into the Outdoor Heritage Preservation Fund for develop- ment or maintenance of open -space lands or recreation trails. Joint filers could designate $10.00. Written Communications: Report dated June 6, 1979, from Mary Ann Hanover, City Clerk/ Equestrian Commission Secretary, forwarding the Commission's recommendation of support. Support of Senate Bill 295: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to authorize the Mayor to sign letters to Assemblywoman Bergeson and Senator Schmitz, indicating City support of the adoption of Senate Bill 295. COUNCIL ACTIONS APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW (TONY BLAND) (23) Written Communications: Report dated June 6, 1979, from the City Manager, forwarding applications received for the vacancy on the Board. Re -Appointment of Anthony Bland: It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to re -appoint Anthony Bland to fill the vacancy on the Architectural Board of Review. APPOINTMENT TO CULTURAL HERITAGE COMMISSION (23) Written Communications: Report dated June 6, 1979, from the City Manager, forwarding applications received for the vacancy created by the resignation of Les Remmers on April 12th. Appointment Held Over: At the request of Councilman Buchheim, Mayor Friess directed that appointment to the Cultural Heritage Commission be held over pending receipt of additional applications. 3. REVIEW OF BYLAWS, MOBILE HOME PARK REVIEW BOARD (23) Written Communications: Report dated June 6, 1979, from James Okazaki, City Attorney/ Secretary to the Mobile Home Park Review Board, forwarding the Bylaws and recommending approval. Approval of Bylaws: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve by Bylaws as submitted. -17- 6/6/79 360 COUNCIL REMARKS 1. BUDGET HEARINGS - 1979-84 BUDGET (24) Council received copies of proposed budget hearing dates; at the direction of Mayor Friess and with the concurrence of Council, the following dates were set: July 11, 12, 13, and 14, 1979. 2. APPOINTMENT TO DOWNTOWN STUDY COMMITTEE (23) It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to appoint Art Birtcher, 32372 Del Obispo Street, to represent the Catholic Church, Diocese of Orange, on the Downtown Study Committee. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:50 A.M., Thursday, June 7, 1979, to the next regular meeting date of Wednesday, June 20, 1979, at 7:00 P.M., in the City Council Chamber. ATTEST: KENNETH E. FRIESS, MAYOR Respectfully submitted, f -18- 6/6/79