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78-0607_CC_Minutes_Regular Meeting414 JUNE 7, 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 7:10 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Ernest Sillers, St. Margaret of Scotland Episcopal Church. 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 17, 1978: It was move y Counci man c wartze, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of May 17, 1978, be approved with the following correction to Page 4, Amendment to Land Use Management Code: correct the vote on adoption of Ordinance 354 to reflect negative votes by Councilmen Hausdorfer and Thorpe. MOTION TO READ BY TITLE ONLY It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer 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 RESOLUTION COMMENDING STEVE TIERNEY - NITIONAL ELEMENTARY SCH5UL_7ffZ9S7=MpION (36) Mayor Friess read the Resolution in full commending Steve Tierney, San Juan Elementary School student, for his achievement in attaining a tie for first place in the elementary school national chess competition during May, 1978. It was moved by Councilman Schwartze and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 78-6-7-1, COMMENDING STEVE TIERNEY - A RESOLUTION OF THE CITY COUNCIL JUAN CAPISTRANO, CALIFORNIA, COMMENDING STEVE TIERNEY -1- 6/7/78 415 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Council Members offered their congratulations, and Mayor Friess presented the Resolution to Steve Tierney. 2. COMMERCIAL/INDUSTRIAL INCENTIVES STUDY COMMITTEE REPORT (23) John Saunders, Chairman of the Commercial/Industrial Incentives Committee, made an oral presentation to the Council on the status of the Committee. Mr. Saunders set forth the recommendations made by the Committee in their report dated February 27, 1978. Following the presentation, it was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried as follows: (1) To re -affirm the summary goals and intents of the Committee Report; (2) To direct that the name of the Committee be changed to the "Economic Development Committee" and that the current committee members be requested to continue to serve; (3) That the Committee be directed to actively pursue accomplishment of the goals as set forth in the Report. Council Members concurred with the suggestion of Mayor Friess that Mr. Saunders continue in his capacity of Chairman of the Committee. ORAL COMMUNICATIONS 1. TRAFFIC AND TRANSPORTATION COMMISSION (23) Richard Nelson, Member of the Traffic and Transportation Commission, advised that he was present to answer any questions regarding recommendations made by the Commission. 2. EQUESTRIAN COMMISSION (23) Ilse Byrnes, Chairman of that she was present to recommendations made by 3. CHAMBER OF COMMERCE the Equestrian Commission, advised answer any questions regarding the Commission. (29) Maxine Maurice, Manager of the Chamber of Commerce, requested that staff be directed to schedule discussions and committee meetings of concern to the business community at such time as a majority of the City's merchants could participate, since business owners cannot be present during normal working hours. Mrs. Maurice also requested City support of the Chamber "Shop at Home" program whereby local businesses will remain open until 9:00 P.M., on Thursday evenings effective June 15th. -2- 6/7/78 416 4. BEAR BRAND RANCH ACCESS (85) Ernie Chapman, 25961 Calle Aspero, addressed the Council regarding development of the Bear Brand Ranch property. Mr. Chapman commented on annexation of the property, access to the north and west, access through Crumrine Road, and access to Lot 41. Don Markowski, 32022 Paseo Allesandro, commented on the study committee, annexation, benefit gained by the Bear Brand Ranch area from use of City streets, and construction phasing. WRITTEN COMMUNICATIONS 1, CASPERS PARK - MEMORANDUM M EQUESTRIAN COMMISSION (56) Council received copies of a memorandum dated May 30, 1978, from the Equestrian Commission regarding re -opening of Caspers Park. It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried that the Mayor be authorized to direct a letter to the Orange County Board of Supervisors urging that the park be re -opened, that an access road be cut through the area damaged by recent flooding, and that the park be maintained for hiking and equestrian use. PUBLIC HEARINGS 1. APPROVAL OF REZONE 78-1 FOR PLANNED COMMUNITY (ORTEGA HIGHWAYPROPERTIES) (95) Proposal: T for an amendment to the Official Zoning Map for a zone change from GM (Growth Management) to PC (Planned Community) for 117 acres of land located south of the Ortega Highway extending to San Juan Creek and bounded on the east by La Novia Avenue and on the west by Interstate 5. The request was heard by the City Council on April 19, 1978, and referred back to the Planning Commission for further consideration. Applicant: r -r eg�ghway Properties, c/o Haworth/Anderson/Lafer, 31706 Pacific Coast Highway, Suite 403, South Laguna 92677. Written Communications: (1) Report dated June 7, 1978, from the Director of Community Planning and Development forwarding the recommendation made by the Planning Commission on May 9th that the rezone be approved and an assessment district formed for the installation of public improve- ments in conjunction with final approval. (2) Letter dated May 17, 1978, from the property owners stating that the amended plan and ordinance as proposed by staff and the Planning Commission are not acceptable and requesting various changes, as follows: Planning Sector D1 - include limited industrial and light manufacturing as Conditional Uses Permitted; Planning Sectors D2 and D3 - include small-scale usiness and pro essiona offices not requiring extensive access; Development Standards - amend landscape setback requirement romfeet o 20 T—eet; -3- 6/7/78 41'7 Im rovement District Re uirement - use of public funds or ins a a ion o pu is improvements; Planning Sector C - consideration of compensation for open space requirements, Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons responded: Ed Haworth of the applicant's planning consultant firm of Haworth/Anderson/Lafer, enlarged upon the comments set forth in the letter of May 17th and suggested that development standards in Planning Sector C should allow the flood line to be flexible subject to hydrology studies. John Katzmeier, 27575 Brookside Lane, spoke in favor of City purchase for park purposes of land along the creek in Sector C rather than outdoor commercial use, stated that Ortega Highway should be completely improved prior to development of the project and that Windsong Drive should be a deadend street as part of the plan in order to control traffic entering the SunHollow area, There being no one else wishing to address the Council, Mayor Friess declared the Public Hearing closed. Planning Sector D1, Limited Industrial and Manufacturing Use: was move y ounce man hausdorTer, seconded y Councilman Schwartze that the Planning Commission recommendation be amended to include limited industrial uses engaged in research, testing, and light manufacturing, which the City Council determines as appropriate and compatible with surrounding uses, as a Conditional Use; the motion does not infer deletion of Section 3.a, on Page 28 of the Proposed Comprehensive Develop- ment Plan, The motion failed by the following vote: AYES: Councilmen Hausdorfer and Schwartze NOES: Councilmen Thorpe, Buchheim and Mayor Friess ABSENT: None It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer to reconsider. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: None It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that Sector D1 include limited industrial uses engaged in research, testing, and light manufacturing, which the City Council determines as appropriate and compatible with surrounding uses, as a Conditional Use (without deletion of Section 3,a., Page 28, of the Proposed Comprehensive Development Plan), with the addition of the following restrictions: �� 6/7/78 (1) Outside, exterior storage is not permitted; (2) Lots to be a minimum size of 80,000 square feet; (3) Inside use smaller than 20,000 square feet is not permitted; (4) Consideration is to be given to noise impacts during Public Hearings on proposed Conditional Uses. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Buchheim NOES: Councilman Thorpe and Mayor Friess ABSENT: None Development Standards: Council concurred With the Planning Commission determination that a minimum setback width of 30 feet within the area adjacent to Ortega Highway, La Novia Avenue, Ganado Road and Calle Arroyo shall be reserved for landscaping. RECESS AND RECONVENE Council recessed at 9:40 P.M. and reconvened at 9:55 P.M. to continue consideration of the Ortega Highway Properties Planned Community. Acceptance of Environmental Impact Report: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that the Environmental Impact Report and supplemental staff analysis be found adequate and that the Report be accepted with the determination that such acceptance is not to be construed as concurrence with all information contained with the Report nor as approval or denial of the project. (69) Establishment of City Policy on EIR Information: There was a consensus of the Council to establish as City policy that citing telephone conversations as the basis for verification of information will not be accepted. Such information is to be supported by written documentation. Planning Sector B, Animal Impound Facilities: It was move y )unci man T orpe ana recon ed by Councilman Schwartze that Animal Control Facilities be deleted as a Conditional Use within Sector B. The motion failed by the following vote: AYES: Councilmen Schwartze and Thorpe NOES: Councilmen Hausdorfer, Buchheim and Mayor Friess ABSENT: None Approval of Rezone 78-1: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Ordinance be introduced: -5- 6/7/78 0 REZONE 78-1, (ORTEGA PROPERTIES) - AN ORDINANCE 07792 CITY JUAN CAPISTMO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THAT PORTION OF LAND BOUNDED BY INTERSTATE 5 (WEST), ORTEGA HIGHWAY (NORTH), WINDSONG DRIVE AND LA NOVIA AVENUE (EAST), AND THE SAN JUAN CREEK CHANNEL (SOUTH) EXCEPTING THOSE PARCELS IDENTIFIED AS ASSESSOR'S PARCELS NOS. 666-131-01, 666-131-02, 666-131-03 AND 666-131-04 FROM GM (GROWTH MANAGE- MENT) TO PC (PLANNED COMMUNITY) AND INCORPORATING COMPREHENSIVE DEVELOPMENT PLAN CDP 78-1 AS PART OF THE PC (PLANNED COMMUNITY) ZONING The motion carried by the following vote: AYES: Councilman Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: Councilman Thorpe ABSENT: None Approval of the Rezone includes the recommendations of the Planning Commission as amended by the City Council with Development Standards applied. Update of Hydrology Studies: Councilman ITausdorfer s a ed for the record that the Council should encourage the undertaking of new hydrology studies due to the threat of water on the land in question. Initiation of Special Assessment District: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to initiate the formation of a Special Assessment District for the installation of public improvements subject to the condition that said District should be established prior to or concurrently with the ordinance approving Rezone 78-1. 2. APPROVAL OF REZONE 78-5 (LASHBROOK/MANSELL) (95) Proposal: (21) initiated amendment to the Official Zoning Map for a prezone of ES (Small Estate) for Assessor's Parcel Nos. 650-011-09 and 650-011-23 (Mansell and Lashbrook, respectively) in conjunction with the annexation of the 16 -acre Mogan property located at the north City limits. Written Communications: Report dated June 7, 1978, from the Director of Community Planning and Development forwarding the recommendation made by the Planning Commission on May 23rd that Small Estate zoning be approved for the two properties; (2) Letter dated June 1, 1978, from G. A. Mansell, Box 234, in support of Small Estate zoning; (3) Letter dated June 1, 1978, from L. M. Lashbrook, 210 West Mariposa Avenue, San Clemente 92672, in support of Small Estate zoning. -6- 6/7/78 420 Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and inquired if anyone in the audience wished to address the Council and, there being no response, declared the Public Hearing closed. Approval of Rezone 78-5: e xty ttorney 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 Thorpe and seconded by Councilman Schwartze that the following Ordinance be introduced: ORDINANCE NO. , REZONE 78-5 (LASHBROOK/MANSELL) - O I 355HE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY PREZONING PROPERTY CURRENTLY DESIGNATED COUNTY OF ORANGE, A-1 (AGRICULTURAL) DISTRICT TO ES (SMALL ESTATE) DISTRICT The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None BIDS. CONTRACTS, AGREEMENTS 1. SERRA PROJECT COMMITTEE NO. 2 PROPOSED OR OPERATION AND MAINTENANCE OF TREATMENT PLANT (38) Proposal: -request by the Board of Directors of the SouthEast Regional Reclamation Authority for approval of form and content of a proposed Agreement for operation and maintenance of the Wastewater Treatment Facility. Following approval by SERRA Board Members, bids will be solicited. Written Communications: Report dated June 7, 1978, from the Director of Public Works, advising that at their meeting of May 11th, the Board had approved the amendments to the Agreement requested by the City Council on May 3, 1978. Approval of Agreement Form and Content: TT was moved by Councilman BuchheiiiT, seconded by Councilman Thorpe and unanimously carried to approve the Operations and Maintenance Agreement for SERRA Wastewater Treatment Plant as to form and content. 2. BUILDING INSPECTION SERVICES APPORTIONMENT OF FEES - ORANGEAGREEMENT WITH INJOTAL MANA-MV7 AGENCY (38) Proposal: ppm of an agreement and schedule for determination of fee allocations for building inspection services for work in progress on June 30, 1978, in conjunction with the transition to City building inspection services effective July 1, 1978. Written Communications: Report a e une , 978, from the Director of Public Works. Mr. Murphy requested that, in order to retain flexibility, the City Manager be authorized to execute either an agreement in the format submitted or a letter agreement on behalf of the City. -7- 6/7/78 421 3. (38) Approval of Agreement: Apr move y Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the Agreement for Determining Fee Allocations for Transition of Building and Safety Services between the City and the County of Orange and to authorize the City Manager to execute a similar agreement or letter agreement on behalf of the City. SERRA PROJECT COMMITTEE NO. 7-A - kuK MODIFICATIONS TO EATMENT PLANT Proposal: ppA novaT of an agreement between SERRA and the Member Agencies for funding of construction of modifications to the Treatment Plant. Written Communications: Report dated June 7, 1978, from the Director of Public Works forwarding a letter dated May 26, 1978, from the Alexander Bowie law corporation recommending approval of the Agreement and advising that authority should be granted to the City's SERRA representative to request a refund from SERRA in the amount of $13,442, the difference between the $38,000 previously submitted for Project Committee 7-A and the final City share for construction of $24,558. (2) Letter dated June 2, 1978, from Alexander Bowie law corporation forwarding a corrected first page to the proposed agreement. Approval of Agreement: I was move y Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to approve the Agreement and to authorize the Mayor and City Clerk to sign on behalf of the City. The City's representative to SERRA is authorized to request a refund in the amount of $13,442, as stated above. CONSENT CALENDAR It was moved by Councilman Schwartze 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. APPROVAL OF WARRANTS (41) The List of Demands dated June 7, 1978, Warrants Nos. 14268 through 14376, inclusive, in the total amount of $854,112.63, is approved as submitted. 2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF MAY 22, 1978 (23) The Report of Actions taken by the Equestrian Commission at the meeting of May 22, 1978, is ordered received and filed. 3. REPORT OF PLANNING COMMISSION MEETING OF MAY 23, 1978 (67) The Report of Actions taken by the Planning Commission at the meeting of May 23, 1978, is ordered received and filed. -8- 6/7/78 422 4. INVESTMENT OF CITY FUNDS - RESOLUTION EL TING A=ORITY (41) The following Resolution is adopted: RESOLUTION NO. 78-6-7-2, INVESTMENT OF CITY FUNDS - U O T E I I F THE CITY OF SA JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY TREASURER AUTHORITY TO INVEST OR REINVEST FUNDS OF THE CITY, AND REPEALING RESOLUTION NO. 78-3-15-3 The Resolution adds the name of the City Clerk to the list of signatures required for all investments and reinvestments of City funds, due to her appointment as Deputy City Treasurer effective June 17, 1978, as set forth in the report dated June 7, 1978, from the City Treasurer. 5. CITY BANK ACCOUNTS - RESOLUTION AUT9MMING SIGNATURES (41) The following Resolution is adopted: RESOLUTION NO. 78-6-7-3, CITY BANK ACCOUNTS AUTHORIZED IG E - A RESOLUTION OF THE CITY CITY—GFCOUNCIL OF THE SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING DEPOSIT ACCOUNTS WITH THE SAN JUAN CAPISTRANO BRANCHES OF BANK OF AMERICA, CALIFORNIA FIRST BANK, CAPISTRANO NATIONAL BANK, SECURITY PACIFIC NATIONAL BANK, HOME FEDERAL SAVINGS AND LOAN, BRENTWOOD SAVINGS AND LOAN, AND GIBRALTAR SAVINGS AND LOAN, AND AUTHORIZING SIGNATURES THEREFOR, AND REPEALING RESOLUTION NO. 78-3-15-2 The Resolution adds the name of the City Clerk to the list of authorized signatures on the City bank accounts, due to her appointment as Deputy City Treasurer effective June 17, 1978, as set forth in the report dated June 7, 1978, from the City Treasurer. 6. ACCEPTANCE OF WORK AND NOTICE OF COMPLETION - O O ROAD CROSSING FLOOD DAMAGE (80) The following Resolution is adopted: RESOLUTION NO. 78-6-7-7, COMPLETION OF OSO ROAD CROSSING - A RESOLUTION OF THE CITY COUNCIL OF THE CITY -aAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED FOR THE CONSTRUCTION OF THE OSO ROAD CROSSING The Resolution accepts the work as completed by Fred Weiz and Associates, Inc., of Mission Viejo for the repair of flood damage to Oso Road across Trabuco Creek and directs that a Notice of Completion be filed with the County Recorder within 10 days. Payment is authorized to the contractor in the final amount of $7,201.52 upon expiration of 35 days after the date of recordation of the Notice. 7. CLAIMS AGAINST THE CITY - (35) The following claims, as set forth in the report dated June 7, 1978, from the City Clerk, for flood damages allegedly occurring on March 3, 1978, to the property known as the -9- 6/7/78 423 Vermeulen Ranch at 32382 Del Obispo Street, are denied and referred to the City's insurance carrier, Dan Gorman Insurance: (1) Claim of Gengi Kawamura in the total amount of $28,750.00 for 5 acres of celery valued at $5,750.00 per acre. (2) Claim of Charles and Irene Vermeulen in the total amount of $917,000.00 for repair, cleanup, top soil, crop restoration over a 5 -year period of time, and future prospective flooding. 8. CLAIMS AGAINST THE CITY - TADAICHI KINOSHITA, ET Ar. (35) The following claims, as set forth in the report dated June 7, 1978, from the City Clerk, for flood damages allegedly occurring on March 3, 1978, to the property known as the Kinoshita Ranch at 32701 Alipaz Street, are denied and referred to the City's insurance carrier, Dan Gorman Insurance: (1) Claim of Tadaichi, Bobby, and Shigeru Kinoshita in the total amount of $996,500 for repair, cleanup, land restoration, future prospective flooding, crop and crate loss. (2) Claim of Tadaichi, Bobby, Shigeru, Sanji, and Sho Kinoshita in the total amount of $996,500.00 for repair, cleanup, land restoration, future prospective flooding, crop and crate loss. The claimants' attorney states that duplicate amounts are stated although only one loss is claimed. 9. APPROVAL OF REVENUE SHARING GRANT APPLICATION - SENIOR CITIZENS PROGRAM AT HOT SPRINO-UMME71ALL (41) The purpose and intent of the application for Revenue Sharing (23) Funds in the amount of $9,905 for staffing of the Senior Citizens Program is approved and the City's fund match in the form of renovation costs of the Hot Springs Dance Hall is authorized. 10. SERRA. PROJECT COMMITTEE NO. 2 AGREEMENTAMENDMENT TO P TION AND MAINTENANCE OF THE WASTEWATIMPLANT (38) The First Amendment to the Agreement Between the Southeast Regional Reclamation Authority (SERRA) for and on behalf of Project Committee No. 2 with the City of San Juan Capistrano for the Operation and Maintenance of Wastewater Treatment Plant is approved and the Mayor and City Clerk authorized to sign on behalf of the City. The Agreement amends the term of the March 3, 1976, Agreement effective July 1, 1978, and replaces the Amendment approved on May 17, 1978. 11. WEED ABATEMENT SERVICES - APPROVAL OF PROGRESS PAYMENT (74) Progress Report No. 1 for weed abatement services is accepted and staff is authorized to make payment to B.E. Taylor Company of Fountain Valley in the amount of $4,062.33. -10- 6/7/78 I I� 12. DIVISION OF LAND 76-11 (HOBBS) - 13OND RELEASEIO (85) The public improvements for Division of Land 76-11 are accepted and the following bonds released: Labor and Material Bond, Certificate of Deposit No. 2072, in the amount of $18,500 issued by Manufacturers Bank of Newport Beach; Faithful Performance Bond (Private), Certificate of Deposit No. 2073 in the amount of $19,000, issued by Manufacturers Bank of Newport Beach. The following bond is extended to June 7, 1979, at which time its release is authorized by staff: Faithful Performance Bond (Public), Certificate of Deposit No. 2071 in the amount of $18,500, issued by Manufacturers Bank of Newport Beach. SAFER OFF -SYSTEM (SOS) ROADS FUNDS - APPROVAL OF P FUNDS (44) In response to Councilman Thorpe, the City Manager advised that a re-evaluation of City participation in fund matching programs would be in order as a result of possible cutbacks due to the passage of Proposition 13. It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried that the following Resolutions, as set forth in the report dated June 7, 1978, from the Director of Public Works, be adopted: (1) RESOLUTION NO. 78-6-7-4, APPROVING COUNTY SAFER OFF-SYSTEfiY ROADS PROGRAM AND FUNDING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ORANGE COUNTY SAFER OFF - SYSTEM ROADS PROGRAM AND THE METHOD OF DISTRIBUTION OF FUNDS (2) RESOLUTION NO. 78-6-7-5, REQUESTING 1976-77 COUNTY SAFER OFF -SYSTEM ROADS FUNDS - A RESOLUTION OF THE CITY MUNCILI SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO ALLOCATE SAFER OFF -SYSTEM ROADS PROGRAM FUNDS FOR THE 1976-77 FISCAL YEAR The Resolution requests an allocation of $5,885 for a pedestrian path on the south side of Camino del Avion between Del Amo and Alipaz Street. (3) RESOLUTION NO. 78-6-7-6, REQUESTING 1977-78 COUNTY SAFER OFF -SYSTEM ROADS FUNDS - A RESOLUTION OF —THE CITY COUNCIL OF THE CITYOF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO ALLOCATE SAFER OFF -SYSTEM ROADS PROGRAM FUNDS FOR THE 1977-78 FISCAL YEAR The Resolution requests an allocation of $5,884 for construction of sidewalks on E1 Camino Real from Acjachema Street to 500 feet southerly. CAMINO DEL AVION STORM DRAIN AND DEL OBISPO STREET STORM CHANNEL - APPROVAL 67 PLANS AND SP7C1T-7ATTM-- (80) It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the plans and -11- 6/7/78 425 specifications for construction of the Camino del Avion Storm Drain and the Del Obispo Street Storm Channel, as requested by the Orange County Environmental Management Agency. The City is obligated to finance $25,000 of the Camino del Avion Storm Drain; County construction is conditioned upon possible reduction of expenditures due to the Jarvis -Gann Amendment, as set forth in the report dated June 7, 1978, from the Director of Public Works. CAMINO CAPISTRANO IMPROVEMENTS - T TU REPORT - (83) It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to receive and file the Status Report for Camino Capistrano Improvements and request that staff report back to Council in July, 1978, with plans, specifications, and cost analysis. TRACT 10090 (BUTLER) - p L (85) The Final Map for Tract 10090 and the Subdivision Agreement are approved, contingent upon the signature of Mrs. Laura Hartley, the property owner, on an agreement to postpone public improvements for the future Via Estelita extending from the westerly tract boundary to the City limits. The Map is found consistent with the General Plan and in substantial compliance with the approved Tentative Map and 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 June 7, 1978, from the Director of Public Works. The Mayor and City Clerk are authorized to sign the agreements on behalf of the City. ADMINISTRATIVE ITEMS DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. SERRAPROJECT COMMITTEE NO. 12 - I I LODGE DISPOSAL, OUT AST COUNTY WATER DISTRICT (79) The Director of Public Works requested that no Council action be taken on this matter at the present time. COUNCIL ACTIONS 1. APPOINTMENTS TO DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE (23) Councilman Buchheim advised that the Downtown Study Committee has been unable to reach a quorum at recent meetings and that filling of the two existing vacancies would be in order. Council received copies of the applications on file. Appointment of Anne Schauwecker: was move y ounce man uc heim, seconded by Councilman Schwartze and unanimously carried that Anne Schauwecker, 31592 Paseo Don Jose, be appointed to the Committee. Appointment of W.W. McKinley: ounce man c war ze nomina ed Barbara Davies; Councilman Hausdorfer nominated William McKinley. Council Members then wrote their preference on secret ballots. Upon receipt of the ballots, the City Clerk announced that William W. McKinley, 31050 Los Cerritos Road, had received the majority vote and is appointed to the Committee. -12- 6/7/78 COUNCIL REMARKS 1. REQUEST FOR EKPANSION OF RANCH MARKET (VERMEULEN) (68) Councilman Hausdorfer noted his memorandum of June 7, 1978, regarding discussions with Charles Vermeulen and Mr. Vermeulen's statement that he was rescinding his request for a beer and wine license and for any expansion of his farmers market on Del Obispo Street. Mr. Hausdorfer will continue to discuss the issues with Mr. Vermeulen and the Agriculture Preservation Committee. 2. ARCHITECTURAL AWARD - CAPISTRANO DEPOT (36) Councilman Hausdorfer noted that the Capistrano Depot had recently received an award from the Orange County Chapter of the American Institute of Architects and that it would be appropriate for the Council to send a congratulatory letter. 3. LEGISLATION (51) It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried that the City express the following positions regarding proposed legislation: (1) Support - Assembly Bill 3793 (Imbrecht) would allow publication or posting of summaries of ordinances rather than the full text; (2) Oppose - Senate Bill 1757 (Alquist) would restrict City authority to regulate CATV Companies by mandating a maximum period of 90 days for cities to act on requests for rate increases; (3) Oppose - Senate Bill 1746 (Mills) would abolish the Comprehensive Planning Organization and authorize its replacement by the County of San Diego as the regional planning agency. 4. RECREATION DEPARTMENT - 6 -MILE RUN (62) Councilman Buchheim commended the Recreation staff for the success of their efforts in the City's first 6 -Mile Run event held on May 20, 1978. 5. REQUESTS FOR DOCUMENTS (32) Councilman Thorpe requested receipt of a list of residential building permit allocations beginning with 1977, and also requested copies of the Capistrano Valley Circulation Study Environmental Impact Report. 6. LOCAL NEWS COVERAGE (32) Councilman Hausdorfer noted that the Daily Sun -Post has designated a page for San Juan Capistrano news and expressed his appreciation. Mayor Friess noted recent staff changes on the Sun -Post, Daily Pilot and News Post. ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES 1. PRELIMINARY 1978-83 FISCAL BUDGET (24) Copies of the preliminary budget for the 5 -year period 1978-83 were presented to Council and staff. The City -13- 6/7/78 427 Manager recommended that by the end of June Council approve an interim budget for a 6 -month period with any promotions frozen. Mr. Mocalis advised that the City is not expected to reduce the level of Sheriff services and that a vigorous Sheriff Reserve program is being considered. Councilman Thorpe requested that items which could be frozen for 6 months be identified for presentation at the next Council meeting. RECESS AND RECONVENE Council recessed to an Executive Session for discussion of litigation at 11:10 P.M., the City Clerk being excused therefrom, and reconvened at 12:12 A.M. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:12 A.M., Thursday, June 8, 1978, to the next meeting date of Wednesday, June 14, 1978, at 7:00 P.M., in the City Council Chamber. ATTEST: ICUs-E..—FRIESS, MAYO Respectfully submitted, -14- 6/7/78