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78-0201_CC_Minutes_Regular MeetingAPPROVED BY COUNCIL FEBRUARY 1, 1978 296 The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Pro Tem Friess at 7:05 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Harold R. Lickey, Seventh-Day Adventist Church. ROLL CALL PRESENT: Kenneth E. Friess, Mayor pro tem Richard D. McDowell, Councilman Douglas B. Nash, Councilman John B. Sweeney, Councilman ABSENT: Yvon O. Heckscher, Mayor STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, 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 January 18, 1978: It was moved by Councilman McDowell and seconded by Councilman Nash that the Minutes of the Regular Meeting of January 18, 1978, be approved as submitted. The motion carried by the following vote: AYES: Councilmen McDowell, Nash, and Mayor pro tem Friess NOES: None ABSTAIN: Councilman Sweeney ABSENT: Mayor Heckscher Councilman Sweeney noted for the record that he had listened to the tape recording of the January 18, 1978, Council meeting with regard to the following items: (1) the request of the Del Obispo Land Corporation for approval of professional office use in the Los Rios Area; and, (2) the report of the Bear Brand Ranch Access Study Committee. MOTION TO READ BY TITLE ONLY It was moved by Councilman Nash and seconded by Councilman Sweeney that all Ordinances be read by title only. The motion carried by the following vote: AYES: NOES: ABSENT: ORAL COMMUNICATIONS Councilmen Sweeney, McDowell, Nash and Mayor pro tem Friess None Mayor Heckscher (85) Mr. Ron Jenner, 33501 Avenida Calita, addressed the Council regarding landscaping in the Meredith Canyon tract. Mr. Jenner advised that he had previously addressed the Council on this matter approximately 5 months ago and that since that time the wide greenbelts have been installed, but groundcover and slope landscaping are ineffective and equipment has been inoperative. -1- 2/1/78 297 Mr. Jenner requested definitive action to correct the problems, including withholding of occupancy permits. Following discus- sion between Council Members, Mr. Jenner and Mr. Merrell, Councilman Nash suggested that a meeting be held between representatives of the Council and staff, the homeowners association, Craig development, and Mr. Jenner. Mayor pro tem Friess suggested that the meeting be held on a Saturday, and Mr. Merrell advised that he would arrange the meeting. 2. TRAFFIC AND TRANSPORTATION COMMISSION REPRESENTATION (23) Sharon Neeley, Member of the Traffic and Transportation Commission advised that she was in attendance to answer any questions with regard to recommendations made by the Commission. 3. STORM DAMAGE REPORT (74) William Bathgate, 29643 would prefer to address Damage Report appears on concurred. 4. LOS RIOS PRECISE PLAN Camino Capistrano, advised that he the Council at the time the Storm the Agenda. Mayor pro tem Friess (23) Evelyn Villegas, 26591 Mission Road, addressed the Council regarding current problems in the Los Rios Area, including land sales, lack of improvements to rental units, high rents paid by recent lessees, and condition of the dirt road caused by Water District excavation. 5. BEAR BRAND RANCH ACCESS STUDY REPORT. TRACT 93 (85) The following persons addressed the Council on this item: (1) Don Markowski, 32022 Paseo de Alessandro, read a letter dated February 1, 1978, regarding property ownership and copies of County documents distributed to Council. Mr. Markowski presented bills for reimbursement totaling $21.80. Copies of 4 parcel maps were also presented by Mr. Markowski. (2) Jack Smith, 25921 Calle Ricardo, inquired into the status of Lot 42, and stated the area has been subdivided into from 16 - 24 parcels. Mr. Smith noted his support for the manner in which Councilman Nash had chaired the study committee. (3) Carol Heim, 32012 Paseo Hermosa, requested a clarification of the scope of discussion. (4) Dudley Brand, 31585 Aguacate Road, advised that the easement shown as an extension of Sacarama Lane is for equestrian purposes, not road purposes, and requested that Council not consider that easement for possible access. Mr. Brand also noted his support for the manner in which Councilman Nash had chaired the study committee. (5) Robert Hill, President, Bear Brand Ranch Company, responded to questions raised and advised that with regard to the property westerly of Parcel 5-A up to the ridgeline, 99.9% has been donated by Marie Crutcher to the University of California and .1% is owned by Bryan Hall. Mr. Hill re -iterated his intention to build his residence on the parcel designated "not a part," and stated his belief that parcel map conditions would prohibit subdivision. In response to Councilman Nash, Mr. Hill advised that there is a 15' easement through the Gus Owens property for access purposes and that a 5 -acre parcel is to be sold to a Mr. Kerchy; Lot 41 is zoned for approximately 20 -2- 2/1/78 one -half -acre parcels; agreed that a road on the northeasterly extension of Sacarama Lane would be harmful to the rural atmosphere of the area. Mr. Hill further stated that if the.Council takes action on preferred access, he would do his best to have the recommendations implemented at the County level. (6) Ernest Chapman, 25961 Calle Aspero, noted that Mr. Hill had stated at the committee meeting that his home was to be located on,Lot 41. In response to Councilman Sweeney, Mr, Hill stated it would not be economically feasible to build an access road to the property to the west of the Bear Brand property due to the steepness of the terrain; the County has designated the area as open space; he would be willing to annex, but the main obstacles are time delays and the fact that the Moulton -Niguel Water District is to supply water and sewer service to the area. Mayor pro tem Friess stated that approval of access to the Bear Brand property would have to include a buffer zone to protect the ridgeline with assurances that if problems could be worked out, annexation would be a possibility. Mr. Hill stated he would be willing to discuss the matter. (7) Norlyn Dull, 25962 Calle Aspero, disagreed with the statement that the property beyond the area of Bear Brand Ranch is too steep for development. BEAR BRAND RANCH ACCESS STUDY REPORT (TRACT 9390) (85) Written Communications: (1) Report dated February 1, 1978, from the Director of Community Planning and Development, as requested at the meeting of January 18th. (2) Letter dated January 24, 1978, from Robert O. Hill, President, Bear Brand Ranch Company, regarding the Study Committee's recommendations. Prior to discussion, Councilman Sweeney stated for the record that his residence is at the corner of Calle Ricardo and Calle Aspero, and inquired of the City Attorney whether there would be a conflict in his taking part in discussion of the matter or voting. Mr. Okazaki replied that there was no conflict. Councilman Sweeney stated his support for providing access through Camino del Avion and Crumrine Road with emergency breakthrough access at Calle Aspero. Councilman McDowell noted his support for cul-de-sacs on Peppertree Bend, but stated he would stand by the recommenda- tion of the committee. Mayor pro tem Friess stated he would prefer further information about assurances, possibility of annexation, and control of access by acquiring -an equestrian easement around the westerly section of the property. Councilman Nash stated that if an equestrian easement could be part of the agreement, it would be acceptable. It was moved by Councilman Nash and seconded by Mayor pro tem Friess to (1) adopt a concept of access as recommended by the Study Committee; (2) request the developer to make changes to the tract map as it currently exists and seek approval of those changes from the County; (3) authorize City staff.to begin negotiations with the property owners on the matter of annexation -3- 2/1/78 of the entire tract; and (4) that no action to actually grant access be taken until further action by the Council after receiving the results of items 2 and 3. The motion failed with Council Members Nash and Friess voting for and Council Members Sweeney and McDowell voting against. A motion was made by Councilman Sweeney, seconded by Councilman McDowell that the City take the position that Peppertree Bend Road end in a cul-de-sac at the north with the road constructed as a rural road with a maximum speed of 25 miles per hour to Camino del Avion, including the design of appropriate direction turns, in order to forestall the possibility of through traffic entering that particular area. The motion failed with Council Members Sweeney and McDowell voting for and Council Members Nash and Friess voting against. _ Mayor pro tem Friess then suggested the matter be carried over to the next Council meeting. Councilman Nash suggested the following change to the motion he had previously made: Request changes to be made in the design of the connection between Peppertree Bend Road and Calle Ricardo to minimize the number of lots that would conveniently take access on Calle Ricardo; request staff and Mr. Hill to consider the possibility of limiting the number of lots with access to Calle Ricardo to 3 or 4. Councilman Sweeney noted that a local road is desired, not an arterial highway. Approval of Access Concept: It was moved by Councilman Nash and seconded by Councilman McDowell as follows: (1) Adopt a concept of access as recommended by the Study Committee, in their report to the City Council dated January 4, 1978, i.e., Grant access through Calle Ricardo, Calle Aspero, and Crumrine Road. Peppertree Bend must be continuous through these three streets with a cul-de-sac on the south end approximately where it is currently shown as a cul-de-sac at Lot 40. That the lot lines contiguous to this cul-de-sac be realigned to forestall any future extension of Peppertree Bend southward of this point. Limit the project to 40 lots. That there be no connection of Peppertree Bend to Lot 41 in Parcel 5A, to Parcel 4B, or to Del Avion. That the design speed of Peppertree Bend be lowered to 25 MPH. That the street be made narrower to follow the terrain better and be reduced from 40 to 36 feet in width and (2) Request the developer to make changes to the tract map as it currently exists and seek approval of those changes from the County. The motion carried by the following vote: AYES: Councilmen McDowell, Nash and Mayor pro tem Friess NOES: Councilman Sweeney ABSENT: Mayor Heckscher Councilman Nash requested further investigation of limiting access to Calle Ricardo, and Mayor pro tem Friess directed that the matter be placed on the next Council Meeting Agenda. -4- 2/1/78 RECESS AND RECONVENE Council recessed at 9:30 P.M. and reconvened at 9:45 P.M. PUBLIC HEARINGS 1 CE 300 (23) This Public Hearing was continued from the Council Meeting of January 18, 1978, at the request of the applicant. Proposal: A request for permission to utilize a 20,000 square foot lot fronting Del Obispo Street for certain commercial purposes. Applicant: Del Obispo Land Corporation, 424 North E1 Camino Real, San Clemente. Written Communications: 1) Report dated February 1, 1978, from the Director of Community Planning and Development providing staff review of Michael McIntire's letter of January 13, 1978, which requested changes in the Planning Commission recommendations. Staff recommends that the findings of the Planning Commission be upheld. Forwarded also were copies of a proposed resolution setting forth permitted uses and development standards. The resolution has been revised to clarify the section dealing with setbacks. Public Hearing: Notice of continuation of the Public Hearing having been given as required by law, Mayor pro tem Friess declared the Hearing open and inquired if anyone in the audience wished to address the Council. The following persons responded: (1) Michael McIntire, Attorney at Law, P. O. Box 801, Santa Monica 90406, representing the applicant, requested the following changes in the resolution: (1) delete the words "Conditional Uses;" (2) eliminate the 1000 square foot cumulative total; (3) Item 3; delete the words, 11. . .where it can be demonstrated that the proposed use will not generate large volumes of vehicular traffic.. ;" (4) develop- ment standards to be as shown on the schematic diagram; (5) noted that the building area will be restricted by parking requirements and asked that the buildable area be expanded to cover both the east and west lots; (6) the 4500 square foot building limitation on each lot is unacceptable; (7) the 15 foot height limit on the westerly lot is unacceptable and should be 2 -story; (8) would be willing to limit access at such time as the new park road is constructed, but requests a temporary curb cut on Del Obispo Street with left turns precluded in the interim; (9) objected to the property being master planned and designed as a whole; (10) objected to the inclusion of the Open Space sections of the Land Use Management Code as being inconsistent with the resolution. Mr. Merrell advised that the references to the Land Use Management Code apply to Items 1 through 4 of the Principal Uses. (2) Sharon Neeley, Member of the Traffic and Transportation Commission, advised that the Commission would not support temporary access off Del Obispo Street since the most appropriate access is from Los Rios Street. There being no one else wishing to address the Council, the Public Hearing was declared closed. -5- 2/1/78 301 Amendments to Pr000sed Resolution: There was a consensus of the Council that the following amendments be made to the resolution as presented: (1) Move the following from Conditional Uses to Principal Uses: Medical or dental offices; General office uses such as business, professional, real estate, travel agencies, and similar office uses, including banks, savings and loan associations, or credit unions. (2) Page 2, Paragraph 1, conformance with development standards, amend to read: "Permanent or temporary structures shall be constructed in a manner that is compatible with the historic character of the Los Rios District." (3) Page 4, Other Development Standards, Paragraph a., strike the words "and designed." (4) Page 4, Open Space, add the words, "It is intended to apply to Items 1 through 4 of Principal Uses." (5) Page 4, Circulation and Parking, Paragraph a, change to read, "All permanent access to the property will be either from Los Rios Street or new park road as depicted on the Circulation Plan of the Los Rios Precise Plan. The possibility of temporary vehicular access to Del Obispo Street with right turns only shall be considered as part of the Master Plan." (6) Page 3, add the following Paragraph d: "The Planning Commission may approve a site plan which varies from the setbacks shown only where the spirit and intent of the required development standards are met, providing for no more than two buildings separated by a significant open space devoted to parking and landscaping." Adoption of Resolution as amended: It was moved by Councilman McDowell and seconded by Councilman Sweeney that the following Resolution be adopted as amended: RESOLUTION NO. 78-2-1-1 ESTABLISHMENT OF USES AND TT][]L+T /T11.fT.TTT QTII LT TIIDTC� T1T.7_ nu TQ Dn T.Awn (YIRT IRATMATI - CAPISTRANO, CALIFORNIA, ESTABLISHING PERMITTED USES AND DEVELOPMENT STANDARDS UNDER PROVISIONS OF ORDINANCE NO. 290 FOR ASSESSOR'S PARCEL NOS. 121-160-25, 121-60-34, AND 121-160-35 The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Nash and Mayor pro tem Friess NOES: None ABSENT: Mayor Heckscher Mr. McIntire then stated for the record that the action of the Council is not acceptable to his clients and that they are not bound by any of the concessions made. 2. LOS RI AND ACT REPORT - (23) Notice having been given as required, Mayor pro tem Friess declared the Public Hearing open and inquired if anyone in the audience wished to address the Council. The members of the audience had been previously advised that this hearing would -6- 2/1/78 302 be continued to a later date due to the lateness of the hour. The following persons responded: (1) Michael McIntire, Attorney at Law, on behalf of the Del Obispo Land Corporation, requested that the City pay for the widening of Los Rios Street adjacent to his client's property and for assessments his clients have paid. Continuation of Public Hearing: It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried that the Public Hearing on the Los Rios Precise Plan and Environmental Impact Report be continued to the next regular meeting of Wednesday, February 15, 1978, at 7:00 P.M. in the City Council Chamber. 3 (28) Proposal: Pursuant to Ordinance No. 314, Section 5E, adoption of a Residential Allocation Schedule to provide for allocation of dwelling unit building permits to eligible projects over a 4 -year period of time. Written Communications: 1 Report dated February 1, 1978, from the Director of Community Planning and Development forwarding the recommendations made by the Planning Commission at their meeting of January 24th,and a proposed resolution. Public Hearing: Notice having been given as required, Mayor pro tem Friess declared the Public Hearing open on the proposed adoption of residential allocation schedules for the years 1978 through 1981 and inquired if anyone in the audience wished to address the Council. There being no response, the Hearing was closed. Adoption of Residential Allocation Schedule, 1978-1981: It was moved by Councilman Nash and seconded by Councilman Sweeney that the following Resolution be adopted: RESOLUTION NO. 78-2-1-2, RESIDENTIAL ALLOCATION SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A RESIDENTIAL ALLOCATION SCHEDULE FOR THE YEARS 1978, 1979, 1980, AND 1981 IN ACCORDANCE WITH SECTIONS 5 AND 6 OF ORDINANCE NO. 314 The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Nash and Mayor pro tem Friess NOES: None ABSENT: Mayor Heckscher 4. REQUEST FOR PARADE PERMIT. MARC. (61) Proposal: A request for a permit to conduct the Golondrinas Parade on Saturday, March area will be the vacant lot adjoining on Del Obispo Street; the parade will Obispo, north on Camino Capistrano to east on Ortega to Del Obispo. Funds 1976-77 Community Promotion budget. FIESTA ASSOCIATI annual Fiesta de las 18, 1978. The assembly Capistrano National Bank move southbound on Del Ortega Highway, then are allocated in the -7- 2/1/78 303 Applicant: San Juan Capistrano Fiesta Association, P. O. Box 532. Written Communications: (1) Report dated February 1, 1978, from George Alvarez, Secretary to the Traffic and Transportation Commission forwarding the recommendation of approval made by the Commission at their meeting of January 19, 1978. Public Hearing: Notice having been given as required by law, Mayor pro tem Friess declared the Public Hearing open and inquired if anyone in the audience wished to address the Council. The following persons responded: (1) Mac McDowell, 32288 Paseo Carolina, Parade Chairman, spoke in support of the issuance of the permit. There being no one else wishing to address the Council, the Hearing was declared closed. Approval of Parade Permit and Street Closures and Waiver of F It was moved by Councilman Sweeney, seconded by Councilman Na and unanimously carried to approve the request of the Fiesta Association and to authorize the City Clerk to issue a parade permit providing for the closure of the following streets between the hours of 10:30 A.M. and 1:00 P.M. on Saturday, March 18, 1978: Camino Capistrano between Del Obispo Street and La Zanja Del Obispo Street between Ortega Highway and Camino Capistrano and, to waive the fees required by Article 10-9 of Ordinance No. 295. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 349, STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. 1976 EDITION (25) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The ordinance was introduced at the meeting of January 18, 1978. It was moved by Councilman McDowell and seconded by Councilman Sweeney that the following Ordinance be adopted: ORDINANCE NO. 349 STANDARD SPECIFICATIONS FOR PUBLIC wnuuc rnTacTRttcmrnN - 797R P..nTTTON - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REGULATING ISSUANCE OF PERMITS FOR THE LAYING, CONSTRUCTION, RECON- STRUCTING AND REPAIRING OF CURBS, GUTTERS, DRIVEWAYS, ROADWAY SURFACES, STORM DRAINS, CULVERTS, PUBLIC IMPROVE- MENTS OR OTHER APPURTENANT HIGHWAY STRUCTURES IN PUBLIC STREETS, WAYS OR PLACES; REPEALING ORDINANCE NO. 137 AND AMENDING PORTIONS OF ORDINANCE NO. 293 (LAND USE MANAGEMENT CODE) AND PROVIDING FOR PENALTIES The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Nash and Mayor pro tem Friess NOES: None ABSENT: Mayor Heckscher -8- 2/1/78 2 AND 304 (67) The Ordinance was introduced at the meeting'of January 4, 1978. The motion for adoption of the Ordinance made by Councilman Sweeney died for lack of a second. 3 e: -13 - (85) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was introduced at the meeting of January 4, 1978. It wasmoved by Councilman McDowell and seconded by Councilman Sweeney that the following Ordinance be adopted: ORDINANCE NO. 350, REZONE 77-13 (MISBIN) -'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 NOS. 675-011-22 AND 675-011-25 FROM GM (GROWTH -MANAGEMENT) TO RS (SINGLE FAMILY), OR (OPEN SPACE RECREATION); AND OS (OPEN SPACE PRESERVATION) The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell and Nash NOES: Mayor pro tem Friess ABSENT: Mayor Heckscher 4. INTRODUCTION OF ORDINANCE PERMITTING BINGO GAMES (55) Written Communications: (1) Report dated February 1, 1978, from the City Clerk forwarding the amendments requested by Council on January 18, i.e., inclusion of mobilehome park associations and senior citizen organizations as being eligible for City license; and, designation of the City Manager's office for issuance of. licenses. 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 McDowell and,seconded by Councilman Sweeney that the following Ordinance be introduced: 3 - AN CALIFORNIA, ALLOWING BINGO GAMES IN THE CITY FOR BENEFIT OF CHARITABLE ORGANIZATIONS The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Nash and Mayor pro tem Friess NOES: None ABSENT: Mayor Heckscher -9- 2/1/78 305 RESOLUTIONS 1. APPROVING DESIGNATION OF REPRESENTATIVE TO ORANGE COUNTY SOLID WASTE MANAGEMENT AGENCY (45) Proposal Designation of the Orange County Solid Waste Management Enforcement Agency pursuant to the Z'Berg-Kapiloff Solid Waste Control Act of 1976 to be comprised of the following representatives: Director of the General Services Agency Director of the Environmental Management Agency Director of the Human Services Agency Orange County Vector Control District _ Orange County Division, League of California Cities Sanitary Districts Private Industry Written Communications: (1) Report dated February 1, 1978, from the Director of Public Works forwarding a proposed Resolution for Council consideration. Approval of Designation: It was moved by Councilman McDowell and seconded by Councilman Sweeney that the following Resolution be adopted: RESOLUTION NO. 78-2-1-3. ORANGE COUNTY SOLID WASTE XMINAVGlYMA L ZAx Vn%1r1fi1L'ly i AVG1Yl.1 - A AG0VLU 11V1Y VX tn1 CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DESIGNATION OF THE ORANGE COUNTY SOLID WASTE MANAGEMENT ENFORCEMENT AGENCY The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Nash and Mayor pro tem Friess NOES: None ABSENT: Mayor Heckscher CONSENT CALENDAR It was moved by Councilman McDowell and seconded by Councilman Sweeney that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Nash and Mayor pro tem Friess NOES: None ABSENT: Mayor Heckscher 1. APPROVAL OF WARRANTS (41) The List of Demands dated February 1, 1978, Warrants Nos. 13245 through 13371, inclusive, and 1911 Act Warrants Nos. 0220, 0221, 0222, and 0223, in the total amount of $224,954.80, is approved as submitted. 2. REPORTS OF PLANNING COMMISSION MEETINGS OF JANUARY 10 AND JANUARY 24, 1978 (67) The Reports of Actions taken by the Planning Commission at their meetings of January 10 and 24, 1978, are ordered received and filed. -10- 2/1/78 3. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JANUARY 23, 1978 (23) The Report of Actions taken by the Equestrian Commission at the meeting of January 23 , 1978, is ordered received and filed. 4. STATUS REPORT OF GOALS AND OBJECTIVES - (EQUESTRIAN COMMPSSION) (23) The Status Report of Equestrian Commission goals and objectives since the first'meeting in June, 1977, is ordered received and filed. 5. APPROVAL OF FINAL MAP. TRACT 9204 TIERRA DEL CABALLO) (85) The Final Map for Tract 9204 is approved with the determination that said map is consistent with the General Plan and in substantial compliance with the approved Tentative Map; all fees have been paid, bonds obtained, and all conditions of approval met. The Subdivision Agreement between the City and Tierra del Caballo, 19052 Lamplighter Lane, Yorba Linda 92686, is approved, the Mayor is authorized to sign the Agreement on behalf of the City, and the City Clerk to attest thereto; the Easement Deed for sewer purposes is accepted and the City Clerk authorized to record the documents. 6. RELEASE OF FAITHFUL PERFORMANCE BONDS, TRACT 5996 (CUNNINGHAM) (85) Tract 5996 is complete to the City's satisfaction, and the Faithful Performance Bond for public improvements is exonerated, as set forth in the report dated February 1, 1978, from the Director of Public Works. 7. RELEASE OF FAITHFUL PERFORMANCE BOND TRACT 8264 LUCAS (85) Tract 8264 is complete to the City's satisfaction, and the Faithful Performance Bond for 'public improvements is exonerated, as set forth in the report dated February 1, 1978, from the Director of Public Works. 8. RELEASE OF FAITHFUL PERFORMANCE BOND TRACT 8460 HOLSTEIN (85) Tract 8460 is complete to the City's satisfaction, and the Faithful Performance Bond for public improvements is exonerated, as set forth in the report dated February 1, 1978, from the Director of Public Works. 9. ACCEPTANCE OF SANITARY SEWER PASEO ALTO PLANO SAUNDERS (80) The sanitary sewer in Paseo Alto Plano from its beginning at Calle Aspero to a point 182 feet easterly is accepted and the City Clerk authorized to record the Notice of Completion of the work completed by Rodney & Son Sewer Construction; staff is directed to make the reimbursements to the affected property owners as set forth in the report dated February 1, 1978, from the Director of Public Works. 10. PROCLAMATION OF MARCH 12 THROUGH 19, 1978,AS THE FIESTA DE LAS GOLONDRINAS (SAN JUAN CAPISTRANO FIESTA ASSOCIATI( (61) The week of March 12 through 19, 1978, is proclaimed as the Fiesta de las Golondrinas'in celebration of the annual return of the swallows. -11- 2/1/78 307 11. PASEO CIELO SEWER - (35) The following Resolution is adopted: RESOLUTION NO. 78-2-1-4 QAAIIAnx annan - A nraviJU-LIVA VX lnz %Illx wUAL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PASEO CIELO SANITARY SEWER The Resolution accepts the work as completed by Poulsom-Crowley Company and directs that a Notice of Completion be recorded. Staff is directed to release the Labor and Material Bond and the Faithful Performance Bonds and to make payment to Poulsom- Crowley as follows: 10% retention per original contract: $1,061.00 Court Judgment 4,133.00 Interest at 7% per annum 602.00 Court costs 68.00 Total due $5,864.00 12. REVIEW OF SWALLOWS DAY RODEO PROPOSAL - PUBLIC HEARING DATE CAPISTRANO VALLEY HORSEMENS ASSOCIATION (61) A Public Hearing is to be scheduled for the Council meeting of February 15, 1978, to review the Swallows Day Rodeo proposed by the Capistrano Valley Horsemen's Association, P. O. Box 868, in their letter dated January 23, 1978. 13 (95) The Director's Deed No. DK 001739-01-02 from the California Department of Transportation to convey two drainage easements within Rezone 77-6 (Assessor's Parcel 124-12-44) is accepted; staff is directed to prepare a Quitclaim Deed to be executed at the time of recordation of the Director's Deed in favor of the City to convey the easements to the record owner, Knut Husby. 14. AGREEMENT WITH STATE OF CALIFORNIA FOR OLDER AMERI (23) The following Resolution is adopted: RESOLUTION NO. 78-2-1-5. AUTHORIZING EXECUTION SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE EXECUTION OF THE CONTRACT FOR GRANT FUNDS UNDER TITLE V OF THE OLDER AMERICANS ACT (SAN JUAN HOT SPRINGS DANCE HALL) The Resolution authorizes the City Manager to execute the contract for grant funds under Title V of the Older Americans Act for renovation and relocation of the San Juan Hot Springs Dance Hall. Grant funds have been awarded by the State in the amount of $42,019.00. ADMINISTRATIVE ITEMS DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. CAMINO DEL AVION STORM DRAIN REPORT (80) Written Communications: (1) Report dated February 1, 1978, from the Director of Public -12- 2/1/78 Works on the status of the Camino del Avion storm drain, as directed by Council on January 18th. A ditch traversing the Vermeulen and Kinoshita properties accommodates rainwater runoff from the urbanized areas west of Del Obispo Street. During heavy rains the capacity of: the ditch is exceeded, causing flooding, erosion, and damage to channel walls, soils and crops. Phase 1 of the storm drain has been budgeted by the City and the County's City Engineer's Flood Control Advisory Committee; Phase 2 is budgeted during fiscal year 1979-80; Phase 3 isnot included in the 5 -year budget. Mr. Shig Kinoshita,.27015 Calle Real, Capistrano Beach, addressed the Council to voice his concern with the lack of funding within the 5 -year budget for Phase 3 of the storm drain project, and urged positive action by the Council. Review of Drain Design and Budget: The Director of Public Works.requested that the Council action be to direct staff to review the design of the drain and prepare figures for Phases 2 and 3 of the project:for discussion during budget review, said funds to be derived.from the City's General Fund. It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to approve the action as stated by the Director of;Public Works. 2. STORM DAMAGE REPORT (74) Written Communications: (1) Report dated February 1 from the Director of Public Works setting forth the problem areas of the City during the heavy rains of the week of January 15th, steps taken on an emergency basis to rectify flood damage, and estimated costs of those corrective measures. Those costs total approximately $13,000, resulting in expenditures of $8,000 over budgeted amounts. Mr. William Bathgate, 29643 Camino Capistrano, addressed the Council to voice his concern with loss of property caused by the flooding of Oso Creek, increased.erosion and widening of the creek, and increases in water flow due to development upstream in the area -of Mission Viejo. Mr. Bathgate suggested that signs should be posted in the vicinity of Camino Capistrano at Junipero Serra Road as a safety measure when streets are impassable due to flooding, and requested City support of flood control measures. The Director of Public Works advised that the County Flood Control agency is investigating the possibility -of installing a retention basin in the area, but the County Environmental Management Agency prefers the Creek be left in its natural state. There was a consensus of the Council that staff be directed to contact the appropriate County representatives.and report back at a later date with estimated costs of flood control measures for Oso Creek; the present report is ordered received and filed. COMMISSIONS, BOARDS, COMMITTEES TRAFFIC AND TRANSPORTATION COMMISSION 1. DEFINITION OF COMMUTER STREET AS IT RELATES TO LIMITED ACCESS. (74) It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to request that the Traffic Commission -13- 2/1/78 309 study the definition of a commuter street and report back to the City Council with recommendations for amending the existing definition. Direct residential access is in conflict with existing design criteria for a commuter street, as set forth in the report dated February 1, 1978, from the Secretary to the Traffic Commission. AGRICULTURAL PRESERVATION COMMITTEE REQUEST FOR APPROVAL OF WILLIAMSON ACT AGREEMENT (COLE) (38) Proposal: Approval of an application to establish an agricultural preserve under the provisions of the Land Conservation Act of 1965 for a 3.4+ acre parcel located at 31501 Los Cerritos Avenue currently in egg production. Applicant: Jarold B. Cole, 31501 Los Cerritos Avenue Written Communications: 1 Report dated February 1, 1978, from the Director of Community Planning and Development advising that the proposed preserve is consistent with the General Plan designation of interim Open Space (Agriculture), is com- patible with adjacent land uses and in conformance with the Land Use Management Code; the Agriculture Preservation Committee has found the application in conformance with the intent and purpose of the General Plan. The California State Tax Franchise Board must review and approve the signed contract prior to any reassessment of the property. Approval of Request to Establish Agricultural Preserve: It was moved by Councilman Sweeney and seconded by Councilman Nash that the following Resolution be adopted: RESOLUTION NO. 78-2-1-6, AGRICULTURAL PRESERVATION CONTRACT (COLE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ESTABLISH- MENT OF AN AGRICULTURAL PRESERVE UNDER THE PROVISIONS OF THE LAND CONSERVATION ACT OF 1965 OF THE STATE OF CALIFORNIA FOR A 3.4+ ACRE PARCEL LOCATED ON LOS CERRITOS AVENUE The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Nash and Mayor pro tem Friess NOES: None ABSENT: Mayor Heckscher The Resolution authorizes the Mayor to execute all necessary documents required for the establishment of the preserve. COUNCIL ACTIONS ACCEPTANCE OF RESIGNATION OF TRAFFIC AND (23) It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to accept the resignation of Commissioner Raymond A. Green effective February 1, 1978, due to a pending move to another locality. A Resolution of commendation is to be prepared for the next Council meeting. -14- 2/1/78 g10 COUNCIL REMARKS TRASH AT FREEWAY BORDERS AND OFF -RAMPS (45) Councilman Sweeney suggested that short-term contracts be considered for clean-up of trash along the San Diego Freeway borders and off -ramps within the City, pending permission of Caltrans. 2. BEAR BRAND RANCH, TRACT 9390 DUPLICATION COSTS (85) Mayor pro tem Friess inquired earlier in the meeting by Mr. clarified that the bills were into the status of bills presented Don Markowski. The City Clerk for certification of documents by the County Recorder ordered by Mr. Markowski and that duplicating had been completed by City staff at no cost to Mr. Markowski. There being no further business before the Council, the meeting was adjourned at 12:05 A.M., February 2, 1978, to the next regular meeting date of Wednesday, February 15, 1978, at 7:00 P.M., in the City Council Chamber. ATTES YVON O. HECKSCHER, MAYOR Respectfully submitted, Z MARY ANN. NOVER, CITY CLERK -15- 2/1/78