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78-0517_CC_Minutes_Regular Meeting402 MAY 17, 1978 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 7:08 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Gary L. Hausdorfer, Councilman. ROLL CALL PRESENT: Kenneth E. Friess, Mayor James F. Thorpe, Mayor pro tem Lawrence F. Buchheim, Councilman Gary L. Hausdorfer, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell, Director of Community Planning and Develop- ment; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of May 3, 1978: It was moved by Councilman Thorpe, seconded by Councilman Schwartze that the Minutes of the Regular Meeting of May 3, 1978, 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 10, 1978: It was moved by Councilman Buchheim, seconded by Councilman Thorpe that the Minutes of the Adjourned Regular Meeting of May 10, 1978, 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 Hausdorfer, 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 -1- 5/17/78 403 PRESENTATIONS AND COMMENDATIONS 1. RESOLUTION COMMENDING CULTURAL HERITAGE COMMISSIONER OYHARZABAL (36) Mayor Friess read the Resolution in full commending Carmen Oyharzabal for her service as a Member of the Cultural Heritage Commission from its inception on February 5, 1975, until her resignation effective March 13, 1978. It was moved by Councilman Hausdorfer and seconded by Council- man Thorpe that the following Resolution be adopted: RESOLUTION NO. 78-5-17-1, COMMENDING CARMEN OYHARZABAL - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING CARMEN OYHARZABAL The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 2. RESOLUTION COMMENDING ARCHITECTURAL BOARD OF REVIEW MEMBER RUDEL (36) Mayor Friess read the Resolution in full commending August G. Rudel for his service as a Member of the Architectural Board of Review from November 8, 1971, to August 7, 1974, and from April 15, 1976, until his resignation effective May 15, 1978. It was moved by Councilman Schwartze, seconded by Councilman Thorpe that the following Resolution be adopted: ON NO. 78-5-17-2. COMMENDING AUGUST 1[VL6L - H rC ovuul1Vly Ur Unz �.l 1pi t-UUM.li, Vr THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING AUGUST G. RUDEL The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Mayor Friess presented the Resolution to Mr. Rudel. 3. RESOLUTION COMMENDING MARCO FORSTER JUNIOR HIGH SCHOOL CHESS TEAM (36) Mayor Friess read the Resolution in full commending the Marco Forster Junior High School Chess Team for their achievements at local, State and national chess competitions, and for their recent fourth place ranking at the annual National Chess Championship in Minneapolis, Minnesota. It was moved by Councilman Buchheim and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 78-5-17-3, COMMENDING THE MARCO FORSTER JUNIOR HIGH SCHOOL CHESS TEAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING THE MARCO FORSTER JUNIOR HIGH SCHOOL CHESS TEAM -2- 5/17/78 404 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Mayor Friess presented the Resolution to the members of the team. ORAL COMMUNICATIONS 1. TRAFFIC AND TRANSPORTATION COMMISSION (23) Dennis Johnson, Member of the Traffic and Transportation Commission, advised that he was present to answer any questions regarding recommendations made by the Commission. PUBLIC HEARINGS 1. RIGHT-OF-WAY CONDEMNATION ORTEGA HIGHWAY FROM GANADO ROAD TO WINDSONG DRIVE (CONTINUATION) (25) Proposal: (44) initiation of condemnation proceedings for Ortega Highway right-of-way acquisition between Ganado Road and Windsong Drive for highway re -alignment purposes; and, consideration of terms of proposed Agreement to reimburse Maurer Develop- ment Company for costs of highway improvements benefitting others. Written Communications: (1) Report dated May 3, 1978, from the Director of Public Works forwarding a proposed Resolution authorizing condemnation of the subject right- of-way, pursuant to Government Code Section 37350.5 for the purpose of constructing two 12 -foot travel lanes with 8 -foot shoulders. (2) Supplemental Report dated May 17, 1978, from the Director of Public Works forwarding a "Basis of Reimbursement Agreement - Outline" with regard to the costs to be borne by Maurer Development Company in constructing the highway improvements. Continuation of Public Hearing: Notice of Continuation of Public Hearing from the meeting of May 3, 1978, having been given as required by law, Mayor Friess re -opened the Public Hearing, and the following persons responded: (1) Robert Maurer, Maurer Development Company, 14841 Yorba Street, Tustin 92680, advised that he was present to answer any questions. There being no one else wishing to address the Council, the Hearing was declared closed. Authority for Condemnation Proceedings: It was moved by Councilman Thorpe and seconded by Councilman Schwartze that the following Resolution be adopted: -3- 5/17/78 4, 0 5 RESOLUTION NO. 78-5-17-4 ORTEGA HIGHWAY BETWEEN G OF WINDSVNU DRIVE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO AND DECLARING A NECESSITY THEREFOR (ORTEGA HIGHWAY) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Reimbursement Agreement: Staff is directed to prepare a reimbursement Agreement for presentation to the Council by which Maurer Development Company is reasonably reimbursed for expenses of improve- ments benefitting other property owners. ORDINANCES 1. AMENDMENT TO LAND USE MANAGEMENT CODE, EDUCATIONAL USES IN OFFICE COMMERCIAL DISTRICTS ORDINANCE NO. 35 (ADOPTION) (55) 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 May 3rd. It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Ordinance be adopted: . 293 CALIFORNIA, AMENDING ORDINANCE NO. 293, TO PERMIT PUBLIC OR PRIVATE ELEMENTARY SCHOOLS REQUIRING NO OUTDOOR FACILITIES IN THE CO (OFFICE COMMERCIAL) DISTRICT SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT The motion carried by the following vote: AYES: Councilmen Schwartze, Buchheim and Mayor Friess NOES: Councilmen Hausdorfer and Thorpe ABSENT: None RESOLUTIONS 1. CAPISTRANO VALLEY CIRCULATION STUDY (44) The Director of Public Works advised that formal Council action on the Circulation Study should be held over pending further discussions between City and County staffs. June 26th is the deadline for receipt of comments on the environmental impact report; the item will be rescheduled for the Council meeting of June 21st. -4- �M - 5/17/78 There was a consensus of the Council that the Study should receive further review by the Traffic and Transportation Commission; Mayor Friess suggested that a representative of the Commission attend the City -County meetings. Council- man Thorpe noted that phasing of proposed roadway linkages should be addressed, as well as control over timing of the system, impact of Stonehill crossing the creek, and the traffic burden on the City resulting from construction in County territory. Councilman Schwartze suggested that representatives of the entire South County area should discuss traffic circulation goals with County representatives. Councilman Hausdorfer commented that Arterial Highway Financing Program eligibility should not be a priority in Council assessment of the Study. BIDS, CONTRACTS, AGREEMENTS 1. RELOCATION AND RENOVATION OF HOT SPRINGS DANCE HALL - AWARD OF BID (23) It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to award the bid for the relocation and renovation of the San Juan Hot Springs Dance Hall to the low bidder, Roland Olsen, General Contractor, and to reject all other bids received. The award is for a modified base bid, with cost reductions as set forth in the report dated May 17th from the Director of Public Works, as follows: Base bid $167,545 Cost adjustment - 9,350 Modified Kitchen unit 1,000 Air conditioning 8,700 Total modified bid $167,895 Councilman Thorpe requested that designs for future buildings consider elimination of the need for air conditioning and reduction in the need for high insulation. The Director of Public Works advised that air conditioning is included in the subject project since the building will serve senior citizens. CONSENT CALENDAR It was moved by Councilman Buchheim 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. CITY TREASURER'S REPORT OF INVESTMENTS AS OF APRIL 30, 1978 (41) The City Treasurer's Report of Investments as of April 30, 1978, is approved as submitted. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF APRIL 30, 1978 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of April 30, 1978, is approved as submitted. -5- 5/17/78 407 3. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF MARCH 31, 1978 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the nine-month period ending March 31, 1978, is approved as submitted. 4. REPORTS OF EQUESTRIAN COMMISSION ACTIONS OF MAY 1 AND 8, 1978 (23) The Report of Actions taken by the Equestrian Commission at the meetings of May 1 and 8, 1978, is ordered received and filed. 5. REPORT OF PLANNING COMMISSION MEETING OF MAY 9, 1978 (23) The Report of Actions taken by the Planning Commission at the meeting of May 9, 1978, is ordered received and filed. 6. UPDATE OF MASTER PLAN OF DRAINAGE REQUEST FOR AUTHORIZATION TO SOLICIT PROPOSALS (80) Staff is authorized to solicit consulting civil engineering proposals for preparation of an update of the Master Plan of Drainage. The update will reflect changes in land use designations created by the General plan, numerous small area studies, and impacts of development since the 1969 adoption of the Plan, as set forth in the report dated May 17, 1978, from the Director of Public Works. Award of a contract will be held over until the June 21st meeting, due to possible impacts of the June 6th State election. 7. UPDATE OF MASTER PLAN OF SEWERS REQUEST FOR AUTHORIZATION TO SOLICIT PROPOSALS (80) Staff is authorized to solicit consulting civil engineering proposals for preparation of an update of the Master Plan of Sewage Facilities and a feasibility study of wastewater reclamation. The update will reflect changes in land use designations created by the General Plan, numerous small area studies, and impacts of development since the 1971 adoption of the Plan; the feasibility study will review future wastewater reclamation, as set forth in the report dated May 17, 1978, from the Director of Public Works. Award of a contract will be held over until the June 21st meeting, due to possible impacts of the June 6th State election. 8. SANITARY SEWERLINE MAINTENANCE - APPROVAL OF PROPOSAL AND CALL FOR BIDS (80) The proposal for sewerline maintenance is approved and staff authorized to call for bids. The current contractor _ has defaulted on the maintenance contract. 9. AERIAL TOPOGRAPHY SERVICES - APPROVAL OF TIME EXTENSION (R.J. LUNG & ASSOCIATES) (38) Change Order #2 for a 60 -day time extension to the contract with R. J. Lung & Associates for aerial topography services is approved; the revised completion date is June 26, 1978, as set forth in the report dated May 17th from the Director of Public Works. -6- 5/17/78 10. 1978 WEED ABATEMENT - REPORT OF HEARING OFFICER (74) The Report dated May 17, 1978, from the Director of Public Works is ordered received and filed pending further report on June 7th. 11. APPROVAL OF AUTHORIZING APPLICATION (23) The following Resolution is adopted: RESOLUTION NO. 78-5-17-5, APPLICATION FOR TITLE V GRANT FUNDS (DANCE HALL) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER TITLE V OF THE OLDER AMERICANS ACT (SAN JUAN HOT SPRINGS DANCE HALL) The Resolution approves an application for $24,000 in grant funds for a storage facility, a portion of the parking lot, and additional equipment for the San Juan Hot Springs Dance Hall. 12. EXTENSION OF REVISED AGREEMENT FOR LEASE OF CITY PROPERTY (4-H CLUB) (38) The term of the Agreement dated June 1, 1977, between the City and the Regents of the University of California (4-H Club) is extended to October 1, 1978, or until completion of transfer of all livestock and material from the City utility yard site to the Waterworks District No. 4 property adjacent to E1 Horno Creek, whichever occurs first. The Mayor and City Clerk are authorized to sign the Agreement on behalf of the City 13. REVISED AWARD OF BID FOR PICKUP TRUCK (BUILDING AND SAFETY DIVISION) (75) The Council action of April 5, 1978, in accepting the bid of E1 Camino Ford for a 1/2 -ton pickup truck is rescinded, since the bidder can no longer meet the specifications; the bid is awarded to the second low bidder, Roger Miller Chevrolet in the total amount of $4,988.31. APPROVAL OF WARRANTS (41) Following clarification of Warrant No. 14182, payable to the Community Counseling Center, it was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that the List of Demands dated May 17, 1978, Warrants Nos. 14159 through 14267, inclusive, in the total amount of $540,999.66, be approved as submitted. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF MAY 2, 1978 (23) Councilman Schwartze questioned item 4 on the report and (69) whether it were appropriate for a City commission to make recommendations to another agency such as the OCTD regarding the location of the Santa Ana Multi -Modal Transportation Terminal. Pamela Hallan, Administrative Aide, clarified that the City of Santa Ana is requesting comment from other agencies regarding the environmental -7- 5/17/78 impact report prepared for the Terminal. There was a consensus of the Council that whenever letters are sent or positions taken by City Commissions relating to activities of other communities, copies of such letters are to be included with the Agenda items for Council review. Mayor Friess requested receipt of a copy of the letter to be sent to the City of Santa Ana. The Report of May 2nd was ordered received and filed. OF OF EASEMENT - (80) It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the purchase of the easement dated April 7, 1978, from The Atchison, Topeka and Santa Fe Railway Company for the construction, maintenance, operation, inspection, repair and reconstruction of vitrified clay sanitary sewer pipeline at the northerly City limits. Staff is authorized to make payment to the Railway Company in the amount of $2,600. The 1978 annual license fee of $725, paid pursuant to the Agreement dated April 14, 1970, will be pro -rated back to the City. RECESS AND RECONVENE Council recessed at 8:03 P.M., to view a model of the development plan for Tract 6381. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. TRACT 6381, FREDRICKS DEVELOPMENT COMPANY - APPROVAL OF COMPOSITE LANDSCAPE AND DEVELOPMENT PLANS (85) Proposal: Approval of composite development plans for a landsale subdivision of 157 acres of land located east of the existing Mission Hills Ranch into 180 single family residential and small estate lots, 4 open space lots, and 1 reservoir lot. Applicant: Fredricks Development Company, 18 Brookhollow Drive, Santa Ana 92705; owner: Mission Hills Ranch, Inc., c/o Justus Gilfillan, 813 Emerald Bay, Laguna Beach 92651. Wade Cable, representing the developer, stated that the company agreed with the staff recommendations. Written Communications: (1) Report dated May 17, 1978, from the Director of Community Planning and Development, forwarding the recommendation of approval subject to conditions made by the Planning Commission on April 25th. Discussion: Councilman Schwartze noted that he concurred with the development plans and conditions, but questioned the significance of the proposed street names, since in the past "paseo" had indicated a cul-de-sac, etc. Mr. Merrell advised that the necessary corrections would be made. Mr. Cable advised that the lot containing the water tank had been increased in size. Mayor Friess clarified that landscaping and buffering of the street areas would be installed before permits are issued. Councilman Buchheim noted that weed abatement discing of open space areas will �� 5/17/78 410 cause erosion problems. In response to Councilman Thorpe, Mr. Merrell advised that Highland Drive will serve as access to Rancho Viejo Road and will be constructed independently of the Daon development. Approval of Composite Development Plans: It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to determine that the composite development plans submitted for preliminary grading, landscape, equestrian trail, street tree and common areas satisfy the conditions of approval of Tentative Tract 6381 and are approved subject to the following conditions: 1. Building plans for production homes (i.e., units built by an owner having an interest in more than one residential lot within the project) shall be reviewed and approved by the Director of Community Planning and Development prior to application for the issuance of residential building permits. Such review shall insure consistency of external design with the overall project and the surrounding area. In cases where the Director has doubt about such consistency, he shall refer the building plans in question to the Planning Commission. Applications for building permits for custom houses on single lots (wherein the lot owner has no interest in any other lot within the project) shall be exempt from this requirements. 2. Final landscape working drawings shall conform to City standards and be made a part of the improve- ment plans for the project. Said working drawings shall be approved by the City Engineer and the Director of Community Planning and Development prior to issuance of a grading permit for the project. 3. Prior to the issuance of a grading permit for the project, detailed site plans, grading plans and construction details shall be approved by the Director of Community Planning and Development to insure consistency with the submitted preliminary plans. 4. Grading plans for the Orange County Waterworks District No. 4 reservoir shall be approved by the City prior to issuance of a grading permit for the reservoir site. 5. Archaeological artifact sites have been located within the property and designated in both the General Plan and the environmental impact report prepared for the proposed General Plan Amendment. A qualified archaeologist shall be present during grading operations near these designated sites. If, during grading, the archaeologist determines that there is evidence of further artifactural materials, grading operations shall be temporarily halted to permit further investigation. 6. The final grading plan shall be in substantial conformity with the approved preliminary grading plan. The final plan shall be precise. All applications for residential building permits shall be checked for conformance with this plan. -9- 5/17/78 411 7. Street trees, slope landscaping, bikeways, equestrian trails, and recreation facilities designated on the approved landscape and development plans shall be installed and approved by the City prior to issuance of any residential building permits. All bikeways and equestrian trails shall be designed and constructed in accordance with Section 4.1.6 of Ordinance No. 293. 8. No direct vehicular access shall be allowed from Mission Hills Drive to the equestrian trail easement. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. TRACT 6381, FREDRICKS DEVELOPMENT COMPANY APPROVAL OF FINAL MAP (85) It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the Final Map for Tract 6381 with the determination that said map is consistent with the General Plan and in substantial compliance with the approved Tentative Map. The Map is in conformance with the Subdivision Map Act, all fees have been paid and conditions of approval met, as set forth in the report dated May 17th from the Director of Public Works. Further, the Subdivision Agreement between the City and Fredricks Development Company is approved and the Mayor and City Clerk authorized to sign the Agreement on behalf of the City. 2. SERRA PROJECT COMMITTEE (38) Written Communications: Report dated May 16, 1978, from the forwarding a proposed Amendment to the City and the Southeast Regional providing an extension of time for maintenance of the Treatment Plant. 1978, SERRA would have the option o on a month-to-month basis. Director of Public Works the Agreement between Reclamation Authority the operation and After December 31, f extending the Agreement Approval of Amendment: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the First Amendment to the Agreement dated March 3, 1976, between the City and SERRA and to authorize the Mayor and City Clerk to sign the Agreement on behalf of the City. COUNCIL ACTIONS 1. APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW (23) Councilman Schwartze nominated Patricia J. Douglas, 31775 Via Belardes, to fill the existing vacancy on the Architectural Board of Review. There being no further nominations, it was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to appoint Ms. Douglas. 2. APPOINTMENT TO COMMERCIAL/INDUSTRIAL INCENTIVES STUDY COMMITTEE (23) There was a consensus of the Council that appointment of a Member to the Study Committee be held over for receipt of additional applications. Mrs. Tyler's designation on the Roster of Committees is to be changed to "business community." -10- 5/17/78 412 3. DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE (23) There was a consensus of the Council that consideration of appointments to the Study Committee be held over to a later date. COUNCIL REMARKS 1. ORANGE COUNTY MUSIC CENTER (61) Councilman Hausdorfer suggested that the City go on record in support of the proposed Orange County Music Center. There was a consensus of the Council that a letter of endorsement of the Center be sent, the letter to suggest that the UCI area appears to be the most feasible location for the facility and that the Federal Ziggeraut building in Laguna Hills should be considered. 2. COMMENDATIONS (36) There was a consensus of the Council that a Resolution of commendation be prepared for the June 7th meeting in recognition of the achievements of San Juan Elementary School student Steve Tierney, who recently tied for first place in the national chess championships. 3. REVIEW OF SPHERE OF INFLUENCE (21) There was a consensus of the Council that a review of the City's present sphere of influence be scheduled for con- sideration in the near future. 4. BUDGET DISCUSSIONS (24) There was a consensus of the Council that budget discussions will be held on June 7, 14, 21, and 28th. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:02 P.M., to the next regular meeting date of Wednesday, June 7, 1978, at 7:00 P.M., in the City Council Chamber. ATTEST: KENNETH E. FRIESS, MAYOR Respectfully submitted, MARY ANN ANOVER, CITY CLERK —11- 5/17/78