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78-0503_CC_Minutes_Regular Meeting• MAY 3, 1978 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 James F. Thorpe, Mayor pro tem. 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; Raymundo Becerra, Acting Director of Community Planning and Develop- ment; Larry Lawrence, Senior Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of April 19, 1978: I was move y ounce man aus orfer, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of April 19, 1978, be approved with the following amendment to Page 15, Item No. 2, "Council Meeting Television Coverage:" Line 2, add "or TM Communica- tions ." after . Storer Cable Television." The motion carried by the following vote: AYES: Councilmen Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ABSTAIN: Councilman Hausdorfer MOTION TO READ BY TITLE ONLY It was moved by Councilman Thorpe, seconded by Councilman Schwartze that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. RESOLUTION COMMENDING PARKS AND RECREATION VVYI41114JN1V1\1Y14 YV1\1\ (36) Mayor Friess read the Resolution in full commending Linda Dunn for her service as a Member of the Parks and Recreation Commission from May 25, 1977, until her resignation, effective March 23, 1978. It was moved by Councilman Schwartze, seconded by Councilman Thorpe that the following Resolution be adopted: -1- 5/3/78 RESOLUTION NO. 78-5-3-1, COMMENDING LINDA DUNN - A RE OLUTION OF THE I Y C UN IL Of E CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING LINDA DUNN The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 2. RESOLUTION COMMENDING TRAFFIC AND TRANSPORTAT (36) Mayor Friess read the Resolution in full commending Wyatt Hart for his service as a Member of the Traffic and Trans- portation Commission from April 15, 1976, until his resignation effective April 3, 1978. It was moved by Councilman Thorpe, seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 78-5-3-2, COMMENDING WYATT HART - RESOLUTION OF T E T C U IL OF T CI OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING WYATT HART The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None 3. LAW DAY AWARDS (36) Mayor Friess acknowledged the Law Day Awards recently made to residents Marilyn Williams and Fred Newhart, Jr., and expressed the Council's appreciation to the Orange County Bar Association for recognizing their service. ORAL COMMUNICATIONS 1. EQUESTRIAN COMMISSION (23) Ilse Byrnes, Chairman of the Equestrian Commission, advised that she was present to answer any questions regarding recommendations made by the Commission. 2. TRAFFIC AND TRANSPORTATION COMMISSION (23) Sharon Neely, Member of the Traffic and Transportation Commission, advised that she was present to answer any questions regarding recommendations made by the Commission. 3. PLANNING COMMISSION (67) Michael Berns, Member of the Planning Commission, advised that he was present to answer any questions regarding recommendations made by the Commission. 4. RIGHT-OF-WAY CONDEMNATION - ORTEGA HIGHWAY (25) Andrew Cook, 27451 Ortega Highway, requested an opportunity to address this matter when it appears on the Agenda. -2- 5/3/78 5. PARKS AND RECREATION COMMISSION (62) Christopher Hoyt, 31349 Don Juan Avenue, applicant for the vacancy on the Parks and Recreation Commission, advised that he was present to answer any questions. WRITTEN COMMUNICATIONS 1. RENEWAL OF REQUEST FOR BEER AND WINE LICENSE (VERMEULEN RANCH ' (68) Council received copies of a letter dated April 19, 1978, from Charles I. Vermeulen, 11591 Cielo Place, Santa Ana 92705, renewing his prior request for permission to sell beer and wine at the Ranch Market on Del Obispo Street. Councilman Hausdorfer advised that the request was recently discussed by the Agriculture Preservation Committee and that the question was whether a license could be approved under the current zoning of the property. Mayor Friess noted that a meeting with Mr. Vermeulen was scheduled for May 19th and that a report would be forthcoming after that date. With the concurrence of Council, Mayor Friess ordered the letter received and filed. PUBLIC HEARINGS 1. TENTATIVE TRACT 10103 (DAON DEVELOPMENT PORATION) (85) Proposal: pp�rov_a_T of Tentative Tract Map 10103, a land sale subdivision of 192 acres of land into 140 residential and 9 open space and recreation lots located east of Rancho Viejo Road and south of Trabuco Creek. The project was approved in concept on January 4, 1978/and has been found consistent with the General Plan and the Land Use Management Code. Dwelling units of 72 in 1979 and 68 in 1980 were allocated on February 1, 1978. Applicant: Daon Development Corporation, Inc., 1400 Quail Street, Newport Beach. Written Communications: (1) Report date& May 3, 1978, from the Director of Community Planning and Development forwarding the recommendation made by the Planning Commission at its April 11th meeting that the project be approved subject to conditions. (2) Letter dated March 30, 1978, from Charles R. Medeiros, Capistrano Unified School District, demanding invocation of the provisions of Senate Bill 201 for mitigation of growth impacts on schools. Exhibits were on display and Larry Lawrence, Senior Planner, made an oral presentation advising that emergency access would be provided through certain equestrian trails; develop- ment rights for open space Lots A and B would be dedicated ' to the City; the majority of trees would remain except for those located within areas to be graded; all facilities designated on the approved landscape and development plans would be installed and approved prior to issuance of building permits. Councilman Hausdorfer suggested that widening of Rancho Viejo Road and future installation of a traffic signal at Street A and Rancho Viejo Road should be considered. -3- 5/3/78 Public Hearing: Notice having -been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons responded: (1) Richard Puttman, representing the developer, spoke in favor of approval of the Tentative Tract Map. There being no further response, Mayor Friess declared the Public Hearing closed with the right to re -open. Council Discussion: Councilman Buchheim noted that dedication of feeder equestrian trails may create a police enforcement problem in the open space areas; Mayor Friess responded that tracts require irrevocable offers of dedication for trails and the City should bear the liability since the trails will be available to the public. Council Members commended the Planning Commission and the developer for the quality of the Tentative Map. Approval of Tentative Tract Map 10103: I was move y ounci mn aus oar er and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 78-5-3-3, TENTATIVE TRACT 10103 (DAON) - JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT 10103 (DAON DEVELOPMENT CORPORATION, INC.) Amendment to Resolution: It was then moved by Councilman Hausdorfer and seconded by Councilman Schwartze that the following wording be added to the Resolution as Condition 31: 31. "The following statement shall be incorporated into the deeds of all lots bordering Streets 'A' and 'I:' 'The street bordering this lot may be extended in the future. The present street termination is temporary. Pro- vision has been made for future extension of the street into adjoining properties if the City Council determines that such extension is necessary.'" The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None 2. PROPOSED AMENDMENT TO LAND USE MANAGEMENT CODE - EDUCATIONAL I S (55) Proposal: oA3�ion of Code Amendment 78-2 to add public or private elementary schools requiring no outdoor facilities as a conditional use in the CO (Office Commercial) District. The specific proposal is a request to establish a private school at the existing professional office building at 34000 Via de Agua. -4- 5/3/78 Applicant: Joseph -W-. Collier, Jr., 23642 Sidney Bay, Laguna Niguel, Capistrano Family Development Center. Written Communications: (13 Report dated May 3, 1978, from the Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission at its meeting of April 11, 1978. ' (2) Petition dated April 2, 1978, from approximately 24 homeowners in the immediate vicinity of the property "strongly protesting the proposal." Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons responded: (1) Joseph Collier, Jr., applicant, advised that exercise for students would be arranged through a local dance school; that no playground area would be provided, but that the fishing pond would be utilized during the week; that students would number from 70-75 with no more than 45 in attendance at one time; that adult classes would be held from 6:00 P.M. to 9:00 P.M. (2) Lawrence R. Gill, 33912 Via de Agua, spoke in opposition to a code amendment since an amendment would remain even if the school were unsuccessful. Mr. Gill noted that 90% of the residents within the immediate parameters of the proposal have signed the petition in opposition. Mr. Collier stated that in his opinion the proposed -5- 5/3/78 school is similar to a vocational school and should not create noise and traffic problems. There being no one else wishing to address the Council, Mayor Friess declared the Public Hearing closed. Council Discussion: Councilman Haus orfer noted that the building was not designed for school use and in its current use does not generate traffic volumes; further, problems could be created in the future if the use appears unsuitable. Councilman Thorpe noted that the proposal is for a change of zoning; that the residents have the prior right to expect the uses to remain the same; that permit revocation would be difficult at a future time. Mayor Friess commented on space requirements and suggested that direction be given to the Planning Commission that as a condition of a Conditional Use Permit, consideration be given to the maximum number of students allowed at any one time and to the problems of external noise; that the Com- mission should specify nuisances which would be cause for revocation of the permit; and, that traffic could be a problem. Introduction of Ordinance No. 354: Councilman Schwartze rea t e title of the Ordinance next in order; further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Ordinance be introduced: -5- 5/3/78 391 3. ORDINANCE NO. 354, AMENDMENT TO ORD All ViL11117l1lm VX 111G � 1 Wi . �' _+••+•�, 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 RIGHT-OF-WAY CONDEMNATION - ORTEGA HIGHWAY FROM OAD TO WINDSONG DRIVE (25) The Director of Public Works requested that consideration of this matter be continued to the next Council meeting, Continuation of Public Hearing: Notice aving een given as required by law, Mayor Friess declared the Public Hearing open; there was no response from the audience. It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried that the Public Hearing be continued to the next regular Council meeting of Wednesday, May 17, 1978, at 7:00 P.M., in the City Council Chamber. ORDINANCES 1. APPROVAL OF MOGAN ANNEXATION ORDINANCE NO, 353 (ADUPTIOB) (21) 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 April 19th. It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer that the following Ordinance be adopted: ORDINANCE NO. 353, MOGAN ANNEXATION,- AN ORDINANCE OF E ITY OF N JU PI 6THANO, CALIFORNIA, APPROVING THE MOGAN ANNEXATION TO THE CITY The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None BIDS. CONTRACTS, AND 1. MAJOR STREET REPAIRS - APPROVAL OF PLANS, SPECIFICATIONS, AND CALL FOR BIDS (83) Proposal: Tp-p-r-o-v-aT of plans and specifications and call for bids for the following street repairs at an estimated cost of $24,250: -6- 5/3/78 11 392 Surface coating of Rancho Viejo Road from Junipero Serra Road to Trabuco Creek Road; Trabuco Creek Road storm drain. Written Communications: Report dated ay 3, 1978, from the Director of Public Works advising that the sum of $30,000 has been budgeted for major street repairs. Approval of Proposal: It was move y ouncilman Schwartze, seconded by Councilman Thorpe and unanimously carried to approve the plans and specifications and to authorize staff to advertise for bids for the construction of major street repairs. CONSENT CALENDAR It was moved by Councilman Thorpe and seconded by Councilman Hausdorfer that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim, and Mayor Friess NOES: None ABSENT: None 1. REPORT OF PLANNING COMMISSION MEETING OF APRIL 25. 1978 (67) The Report of Actions taken by the Planning Commission at the meeting of April 25, 1978, is ordered received and filed. 2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF APRIL 24, 1978 (23) The Report of Actions taken by the Equestrian Commission at the meeting of April 24, 1978, is ordered received and filed. 3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF APRIL 18 1978 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of April 18, 1978, is ordered received and filed. 4. DIVISION OF LAND 77-1 (PETERS/OLSEN) APPROVAL OF FINAL MAP (85) The Final Map for Division of Land 77-1 is approved 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, all as set forth in the report dated May 3, 1978, from the Director of Public Works. 5. DIVISION OF LAND 76-8 (LOVE/NATION) - OF DEDICATION (85) The following Resolution is adopted: ON NO. 78-5-3-4. DIVISION OF LAND 76-8 (LOVE/NATION) ARESOLUTION OF THE CITYIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR DIVISION OF LAND 76-8 (LOVE -NATION) -7- 5/3/78 393 The Resolution accepts the irrevocable offer of dedication of a ten -foot -wide easement for equestrian purposes, as shown on the map filed in Book 91, Page 28 of Parcel Maps, County of Orange. The City Clerk is authorized to record the Resolution. 6. TRACT 9064 (INTER -VERDE CORPORATION) - E AND EXTINSION­ (85) The public improvements for Tract 9064 are accepted and the following bonds are released: Labor and Material Bond No. SUR 24025, in the amount of $12,000, issued by Mission Insurance Company. Monumentation Bond No. SUR 24027, in the amount of $500, issued by Mission Insurance Company. The following bond is extended to May 3, 1979: Faithful Performance Bond No. SUR 24025, in the amount of $12,000, issued by Mission Insurance Company. 7. APPROVAL OF CONTRACT FOR PREPARATION OF PLANS AND SPECIFICATIONS (HARRISON HOUSE) (23) The contract between the City and Charles Hall Page and Associates is approved for the preparation of plans and specifications for renovation of the historically significant Harrison House at a cost not to exceed $6,450, as set forth in the report dated May 3, 1978, from Pamela Hallan, Administrative Aide. 8. RESOLUTION OF COMMENDATION (36) The following Resolution is adopted: (66) RESOLUTION NO. 78-5-3-5, COMMENDING JOHN J. O'SULLIVAN - JUAN CAPISTRANO, CALIFORNIA, COMMENDING JOHN J. O'SULLIVAN The Resolution commends John O'Sullivan, former Director of Administrative Services/Assistant City Manager, who was employed by the City from April 16, 1973, until his resignation effective February 28, 1978. APPROVAL OF WARRANTS (41) The Director of Public Works requested that in conjunction with approval of the warrants, payment be authorized to Fred Weisz & Associates in the amount of $29,649.37 for improvements made to Oso Creek Road due to flood damage. It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried that the List of Demands dated May 3, 1978, Warrants Nos. 14034 through 14158, inclusive, in the total amount of $545,125.62, be approved with the addition of Warrant No. 14160 in the amount of $29,649.37. -- CAMINO DEL AVION STORM DRAIN - ACCEPTANCE OF EASEMENT DEEDS (80) It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to accept the following -8- 5/3/78 394 (38) Proposal: 7FW--year extension of the Agreement dated April 2, 1975, between the City and A.O. Straub providing for posting of a bond in the amount of $12,500 in lieu of construction of street improvements and utility undergrounding on Camino Capistrano north of Avenida Aeropuerto. Written Communication: Report a e ay 3, 1978, from the Director of Public Works. Approval of 6 -month Extension: n response o mayor riess, the Director of Public Works advised that further report would be forthcoming and that there is no construction project fronting the property which would cause formation of an assessment district in the near future. It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried that the Agreement between the City and A.O. Straub be extended for a period of 6 months only. ADMINISTRATIVE ITEMS DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. SERRA TREATMENTPLANT PROJECT COMMITTEE NO. 2 - 77ArUATTW UP I I (79) Proposal: oncep ual acceptance of an agreement for operation: and maintenance of the Wastewater Treatment Facility. Written Communications: Report ate May 3, 1978, from the Director of Public Works advising that the City has received a notice of non -renewal pursuant to the operations agreement dated March 3, 1976, and forwarding a proposed operations and maintenance agreement for Council evaluation and comment. Council Discussion: Councilman -Thorpe suggested the following changes to the Agreement: Page 11, Section 17, amend the first two paragraphs as follows: -9- 5/3/78 Easement Deeds from Howard Huntington, President, Delta Management Corporation, to facilitate the construction of the Camino del Avion Storm Drain, LO1PO3, as set forth in the report dated May 3, 1978, from the Director of Public Works: Right -of -Way Easement for Street and Highway purposes, A.P. No. 668-021-01, -02; Easement for Storm Drain purposes, A.P. No. 668-021-01; ' Storm Drain Construction purposes, A.P. No. 668-021-01. The City Clerk is directed to record the deeds. 6 -MONTH EXTENSION OF UTILITY UNDERGROUND I (38) Proposal: 7FW--year extension of the Agreement dated April 2, 1975, between the City and A.O. Straub providing for posting of a bond in the amount of $12,500 in lieu of construction of street improvements and utility undergrounding on Camino Capistrano north of Avenida Aeropuerto. Written Communication: Report a e ay 3, 1978, from the Director of Public Works. Approval of 6 -month Extension: n response o mayor riess, the Director of Public Works advised that further report would be forthcoming and that there is no construction project fronting the property which would cause formation of an assessment district in the near future. It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried that the Agreement between the City and A.O. Straub be extended for a period of 6 months only. ADMINISTRATIVE ITEMS DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. SERRA TREATMENTPLANT PROJECT COMMITTEE NO. 2 - 77ArUATTW UP I I (79) Proposal: oncep ual acceptance of an agreement for operation: and maintenance of the Wastewater Treatment Facility. Written Communications: Report ate May 3, 1978, from the Director of Public Works advising that the City has received a notice of non -renewal pursuant to the operations agreement dated March 3, 1976, and forwarding a proposed operations and maintenance agreement for Council evaluation and comment. Council Discussion: Councilman -Thorpe suggested the following changes to the Agreement: Page 11, Section 17, amend the first two paragraphs as follows: -9- 5/3/78 395 Contractor agrees to offer continued employment in their present positions to City of San Juan Capistrano employees who are engaged at the time of commencement of this Agreement in operating the SERRA Treatment Plant, to the extent that such employees make application for such positions, with compensation at a rate no less than their present salary. Contractor shall employ any such employees for a period of 12 months at the SERRA Treatment Plant, commencing on the first day of operation of the contract. Such employees shall receive no less than a twelve (12) month personnel performance review. Termination or layoff proceedings may not occur during such twelve- month period, except . . . The City Manager suggested the following: Page 1, second paragraph, strike the words, in the City of" before "Dana Point ." Page 4, first paragraph, reconsideration of the automatic increases to contractor based on the Consumer Price Index. Page 5, first paragraph, reconsideration of the contractor's responsibility limit of $5,000 for equipment repair. Conceptual Approval of Agreement: It was move y ounci man Hausdorfer, seconded by Councilman Schwartze and unanimously carried to accept the proposed Agreement in concept and authorize the City's representative to SERRA to transmit the comments and changes suggested by Councilman Thorpe and Mr. Mocalis to the Board.of Directors. 2. SERRA PROJECT COMMITTEE NO. 2, TREATMENT P OPERATION - TI PR I UDGET (79) Proposal: op ion of a Resolution approving an amendment to the 1977-78 fiscal budget for administration of the Treatment Plant. Written Communications: Report dated May 3, 1978, from the Director of Public Works. Approval of Budget: was move y Councilman Thorpe, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 78-5-3-6, AMENDING THE BUDGET FOR 1977-78 2'l al..XL YISHit aG1G14A YnvJ Llil VV nuniaac.c. a.v. �+, L OF _ THE CITY M SAN AN CAPISTRANO, CALIFORNIA, AMENDING THE BUDGET FOR 1977-78 FISCAL YEAR The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess -- NOES: None ABSENT: None _10_ 5/3/78 The Resolution approves the City's administrative portion of the budget for SERRA Project Committee No. 2 in the amount of $3,292.63 and authorizes a transfer of funds from the Sewer Enterprise Fund, Operating Expense Account. 3. SERRA PROJECT COMMITTEE NO. 3, LEASE AND OPERATION OF EXISTING OUTFALL - APPROVAL OF FLOW DISTRIBUTION (79) Proposal: ppA rovai of flow distributions utilized to develop percentages for billing member agencies of SERRA. Written Communications: Report NT -ea -Ya -y3, 1978, from the Director of Public Works. Approval of Flow Distribution: I was moved by Councilman lWorpe, seconded by Councilman Buchheim and unanimously carried to concur with the following flow distribution as appraised by Lowry & Associates, consulting civil engineers to SERRA, and to receive and file the report: Flow % of Total City of San Juan Capistrano 1.3 MGD 22.81 Dana Point Sanitary District .5 8.77 Moulton Niguel Water District 2.5 43.86 Santa Margarita Water District 1.4 24.56 5.7 MGD 100.000 RECESS AND RECONVENE Council recessed at 9:00 P.M., and reconvened at 9:15 P.M. 3. FEDERAL DISASTER ASSISTANCE STATUS REPORT (89) Council received copies of a report dated May 3, 1978, from the Director of Public Works providing a review of Public Flood Damage and Public Road Damage projects determined to be eligible for funding by the Federal Disaster Assistance Administration. Correction costs for damage caused by recent storms are estimated by the FDAA at $391,587. Following discussion, it was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to receive and file the report and to direct staff to continue monitoring the disaster relief program. 4. TENTATIVE TRACT 7654 (PATRICK DEVELOPMENT) - UEST 'FOR WXIVER OF UTILITY G ING REQUIREMENTS (85) Proposal: (90)A -request by Patrick Development, Tract 7654, for partial waiver of the utility undergrounding requirements of Chapter 4 of the Land Use Management Code as they pertain to existing transmission lines. Written Communications: Report dated May 3, 1978, from the Director of Public Works ' forwarding a letter dated March 10, 1978, from Utility Planning, Inc., the developer's consultant, providing 5 alternatives for relocation and/or undergrounding of existing facilities. Approval of Partial Waiver: It was moved by ounci man Schwartze, seconded by Councilman Thorpe and unanimously carried to approve the request of -11- 5/3/78 3917 Patrick Development for partial relief of the utility undergrounding requirements for Tract 7654, specifically requiring the undergrounding of the 12KV electric transmission line on San Juan Creek Road and allowing the 69KV and 12KV transmission lines on La Novia Avenue to remain overhead. The approval shall conform to Exhibit C as depicted in the letter dated March 10, 1978, from Utility Planning, Inc. 5. TENTATIVE TRACT 9030 (CHRISTIANSEN) - ADDITIONAL CONDITION TO UTILITYGROUNDING REQUIREMENTS (85) At the request of the Director of Public Works, this item was removed from consideration, since the need for City involvement no longer exists. COMMISSIONS BOARDS, COMMITTEES EQUESTRIAN COMMISSION 1. REVIEW OF SITE PLAN PURSUANT TO INTERIM LEASE(WAGON EEL LES) (23) Proposal: pp`rovaT of a site plan for Wagon Wheel Stables in conjunction with the Interim Lease of City -owned property within the area of C. Russell Cook Park. Written Communications: Report dated May 3, 1978, from the City Clerk/Equestrian Commission Secretary, forwarding the recommendation of approval made by the Commission. Approval of Site Plan and Extension of Interim Lease: T_fwas move y ounce man aus or er, secon e y ouncilman Thorpe and unanimously carried as follows: (1) to approve the proposed site plan for Wagon Wheel Stables and to direct the Equestrian Commission to continue working with the Lessee to assure compliance with the approved Interim Lease; and (2) to extend the term of the Agreement to January 2, 1980, for receipt of bids for a boarding stable on the premises; if the Final Master Plan of C. Russell Cook Park removes equestrian use from the property, notice to the Lessee to vacate the property shall not be given prior to March 6, 1980. COUNCIL ACTIONS 1. APPOINTMENT TO PARKS AND RECREATION COMMISSION (62) Councilman Hausdorfer nominated John A. Albu; Mayor Friess nominated Toni Decker; Councilman Buchheim nominated Jack Killelia; Councilman Thorpe nominated Pauline Leonard. It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried that Pauline Leonard, 27589 Brookside Lane, San Juan Capistrano, be appointed to fill the existing vacancy on the Parks and Recreation Commission. 2. APPOINTMENT TO TRAFFIC AND TRANSPORTATION COMMISSION (23) Councilman Buchheim nominated Jimmy Larsen; Mayor Friess nominated Jim Allen. It was moved by Mayor Friess, seconded by Councilman Hausdorfer and unanimously carried that Jim Allen, 33292 Via Mayor, San Juan Capistrano, be appointed to fill the existing vacancy on the Traffic and Transportation Commission. -12- 5/3/78 3. APPOINTMENT TO CULTURAL HERITAGE COMMISSION (23) Mayor Friess nominated C.C. McCary. It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried that C.C. McCary, 31501 La Matanza, San Juan Capistrano, be appointed to fill the existing vacancy on the Cultural Heritage Commission. 4. APPOINTMENT TO COMMERCIAL/INDUSTRIAL INCENTIVES STUDY COMMITTEE (23) Councilman Buchheim advised that he has received no objection from Committee members of his intent to continue serving on the Committee in the capacity of Council liaison. Mayor Friess suggested that Mr. Buchheim convene a meeting of the Committee and that action on an appointment be considered after the presentation to be made to Council by Chairman John Saunders. COUNCIL REMARKS AND COMMITTEE REPORTS 1. PROCEDURES FOR DEVELOPMENT PROJECTS (85) Councilman Buchheim requested the opportunity to follow one development project through all stages of staff and Commission review processes and suggested that any one of six projects be selected. Council concurred with the suggestion, and Mayor Friess requested that Mr. Buchheim provide a report; Council Members will select the particular project. 2. TEMPORARY MAYOR'S COMMITTEE ON SERRA (23) Mayor Friess and Councilman Thorpe will serve as a temporary Mayor's Committee to review the SERRA process for the benefit ' 3. of Council. SENATE BILL206FUNDING OF DEVELOPMENT IMPACTS ON LOCAL S (78) Councilman Thorpe suggested that the City should take action on the provisions of Senate Bill 201. The City Manager advised that the Fiscal Impact Model prepared by Ultrasystems, Inc., will be distributed shortly and that report will indicate the dollar costs per student. 4. CAPISTRANO VALLEY CIRCULATION STUDY (44) Councilman Thorpe suggested that Council review the Capistrano Valley Circulation Study. There was a consensus that the Study be reviewed following budget considerations. 5. MARCO FORSTER JR. HIGH SCHOOL CHESS TEAM RESOUITION ION (36) Council concurred with Councilman Thorpe's suggestion that a Resolution of Commendation be prepared for the members of the Marco Forster Jr. High School Chess Team, who recently competed in the national games. The Resolution will be presented at the meeting of May 17th and members of the team invited to attend. ' 6. DEVELOPMENT PROJECTS - ENVIRONMENTAL IMPACT REPORTS (85) Councilman Thorpe requested receipt of the development projects progress chart. -13- 5/3/78 399 Mr. Thorpe advised staff that he would not accept environmental impact report footnotes which cite information as "verified by a telephone call" and that written documentation is to be provided. CAPISTRANO AIRPORT (88) Councilman Thorpe commented on a recent editorial in the Daily Pilot newspaper which reflected on action taken by the Council in approving a quitclaim of the airport runway and taxiway; Jerry Clausen, newspaper representative, responded. 8. ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES (61) Councilman Schwartze, City alternate representative to the County Division of the League of California Cities,requested Council concurrence with City support of the following nominees: City Selection Committee, Airport Land Use Commission: Councilwoman Jackie Heather of the City of Newport Beach; and, Criminal Justice Council: Councilwoman Vickie Evans of the City of Cypress. Council granted their concurrence that letters be sent to the League indicating the City's support of the nominees. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:23 P.M., to the next meeting date of Wednesday, May 10, 1978, at 7:00 P.M., in the City Council Chamber, for discussion of departmental activities. ATTEST: KENNETH B. YKI MAYOR Respectfully submitted, -14- 5/3/78