80-1105_CC_Minutes_Regular Meeting1
NOVEMBER 5, 1980
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 Hausdorfer at
7:05 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Robert
Schwenck, Community Presbyterian Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: Phillip R. Schwartze, Mayor pro tem
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works; Thomas G. Merrell,
Director of Community Planning and Development; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MTNITTES
Regular Meeting of October 15, 1980:
It was moved by Councilman Friess, seconded by Councilman Buchheim
that the Minutes of the Regular Meeting of October 15, 1980, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Friess, seconded by Councilman Buchheim
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION OF CITY SEAL PLAQUE (JAMES F. THORPE)
(32) Mayor Hausdorfer presented a City Seal Plaque to Councilman
James F. Thorpe for his service to the City as a Member of
the City Council from April 17, 1970 to March 5, 1974 and
from March 7, 1978 to September 1, 1980, and as Mayor from
April 18, 1972 to April 23, 1973.
ORAL COMMUNICATIONS
1. EQUESTRIAN TRAILS - TRACT 6381, STONERIDGE (FREDRICKS)
(85) Ilse Byrnes, Chairman of the Equestrian Commission, advised
that Equestrian Commission Members and staff had walked the
trails on several occasions and found the trails acceptable
on an interim basis until future surrounding development
provides improved trail locations.
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2. PUBLIC RELATIONS - EQUESTRIANS
(31) Councilman Friess suggested that the Equestrian Commission
(23) implement a publicity/public relations campaign to request
that horseback riders remain in designated riding areas and
observe private property boundaries, with notices sent to
stables in the City.
3. ORANGE COUNTY HORSEMEN'S ASSOCIATION - APPOINTMENT
(23) John Cronin, 21974 Cayuga Lane, Laguna Hills, advised that
(61) their organization's purpose is to coordinate equestrian
trails throughout Orange County. Mr. Cronin requested that
a Member of the City Equestrian Commission be appointed as
a Member of the County Association.
With Council concurrence, Mayor Hausdorfer appointed Ilse
Byrnes as the City representative; the Association and the
County Board of Supervisors are to be notified of the appointment
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION DECISION -
ZONE VARIANCE 80-19, SAN JUAN PLAZA SIGN (WINEBRIGHT)
(67) This Public Hearing was continued from the meeting of October 1,
(92) 1980.
Written Communications:
Report dated November 5, 1980, from the Director of Community
Planning and Development, advising that the applicant,
Mr. Winebright, has submitted a new sign program, which
will require a new variance hearing before the Planning
Commission. The Planning Commission hearing has been
tentatively scheduled for November 12.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and the following persons responded:
(1) Chester Winebright, appellant, advised that the
revised sign program is much less obtrusive.
There being no further response, Mayor Hausdorfer closed the
Public Hearing.
With the concurrence of Council, Mayor Hausdorfer directed
that the report be received and filed.
2. PROPOSED AMENDMENTS TO RESOLUTION NO. 72-3-27-3, P
(66) This Public Hearing was continued from the meeting of
October 15, 1980.
Proposal:
To update and refine current rules and regulations pertaining
to probationary appointments and employees. The amendments
define appointments presently being made; list specific
lengths of time for probationary periods; require that
informational notices be provided to probationary employees;
require that probationary employees be evaluated on a more
frequent basis; and, restrict the use of and receipt of
payment for unused vacation leave credit by probationary
employees.
Written Communications:
Report dated November 4, 1980, from David DeBeauvais,
forwarding a proposed resolution to amend the Personnel
Rules and Regulations.
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Public Hearing: (Continued)
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and, there being no response, ordered
the Hearing continued to November 19, 1980, as requested by
the City Manager.
3. PROPOSED VACATION OF STREET RIGHT-OF-WAY -
CALLE AVIADOR (CAPISTRANO INDUSTRIAL PARK, LTD., TRACT 10634)
(91) Proposal:
(85) A hearing held in accordance with Resolution No. 80-10-15-5, to
receive testimony regarding the City's intent to vacate the
northeasterly portion of the Calle Aviador cul-de-sac in
conjunction with development of Tract 10634.
Written Communications:
Report dated November 5, 1980, from the Director of Public
Works, forwarding a proposed resolution ordering the vacation.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and, there being no response, declared
the Hearing closed.
Approval of Street Vacation:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION NO. 80-11-5-1, VACATION OF PORTION OF
CALLE AVIADOR - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ORDERING THE VACATION OF PORTION OF CALLE AVIADOR
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
The City Clerk was directed to record the Resolution.
4. TENTATIVE PARCEL MAP 80-855 (AROSA)
(85) Proposal:
Approval of Tentative
subdivide 30.8+ acres
respectively, located
I-5 and Via de Agua.
Community) for Parcel
Parcel 2.
Parcel Map 80-855, which proposes to
into two parcels of 20.1 and 10.7 acres,
adjacent to Camino Las Ramblas, between
The proposed zoning is PC (Planned
1, and GM (Growth Management) for
Applicant:
Capistrano Ascot Development, Inc., 2915-C Redhill Avenue,
Suite 106, Costa Mesa, 92627.
Written Communications:
Report dated November 5, 1980, from the Director of Community
Planning and Development, forwarding the Planning Commission's
recommendation of approval subject to conditions.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response, declared
the Hearing closed.
Approval of Tentative Parcel Map:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and that following Resolution be adopted:
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8
RESOLUTION NO. 80-11-5-2, TENTATIVE PARCEL MAP
80-855 (AROSA) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 80-855 (AROSA)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 412, MOBILE HOME PARK REVIEW COMMITTEE
(23) Written Communications:
(55) Report dated November 5, 1980, from the City Clerk, advising
that the Ordinance was regularly introduced at the Council
meeting of October 15, 1980, and is scheduled for adoption.
Adoption of Ordinance:
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 Friess,
seconded by Councilman Buchheim that the following Ordinance
be adopted:
ORDINANCE NO. 412, MOBILE HOME PARK REVIEW COMMITTEE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ARTICLE 9, CHAPTER 2, TITLE 2
OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
RESOLUTIONS:
1. SETTING PUBLIC HEARING DATE - PROPOSED SALE OF PUBLIC LAND
LOCATED AT ALIPAZ STREET AND CALLE LUCANA
C'
(73) Written Communications:
Report dated November 5, 1980, from the Director of Public
Works, forwarding a Council -initiated resolution to sell
two publicly -owned lots at the intersection of Calle Lucana
and Alipaz Street. The report further advises that the
property was acquired by the City in 1970 for realignment
of Alipaz Street; however, improvements have been made to
allow for the road alignment, leaving the two lots available
for private acquisition. The lots have areas of 3,256 square
feet and 12,268 square feet and are zoned RS (Single-family
residential). Prior to final sales transactions, a current
appraisal will be made of the land value.
Resolution of Intent:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 80-11-5-3, INTENT TO SELL CITY PROPERTY
CALIFORNIA, DECLARING ITS INTENT TO
SETTING A TIME AND PLACE FOR PUBLIC
OF FINAL ACTION
LUUANA - A N_ESOLU'll
AN JUAN CAPISTRANO,
SELL CITY PROPERTY,
HEARING, AND A DATE
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MN
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
The Resolution sets a public hearing date of December 3, 1980,
for receipt of public testimony. The City Clerk was directed
to give notice of the hearing and within 30 days of the hearing
to advertise for bids for the property. Consideration of the
bids was set for the second meeting in January, 1981.
2. APPROVAL OF APPLICATION FOR GRANT FUNDS, SOLID WASTE MANAGEMENT
ACT OF 1980
(41) Written Communications:
(45) Report dated November 5, 1980, from the Director of Public
(59) Works, forwarding a resolution reconfirming the City's
authorization for the County to administer Solid Waste
Management Board grant funds for litter control. The report
advises that the City has participated in a County program
utilizing probationary juveniles to aid cities in litter
cleanup according to the City's monetary allocation; the
allocation for 1980-81 is $2,591.
Approval of Application:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 80-11-5-4, APPROVING APPLICATION FOR
GRANT FUNDS - SOLID WASTE MANAGEMENT ACT OF 1980 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE SOLID WASTE MANAGEMENT ACT OF
1980
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
The Resolution approves filing of the application for funding
and authorizes the County of Orange to act as agent for the
City.
3. APPLICATION FOR SENATE BILL 174 GRANT FUNDS - MARCO FORSTER
JUNIOR HIGH SCHOOL FIELD LIGHTING
(41) Written Communications:
(78) Report dated November 5, 1980, from Pamela Hallan, forwarding
(62) a Resolution authorizing application for Senate Bill 174
grant funds for field lights at Marco Forster Junior High
School. The report advises that the application was approved
by Council on August 20th, but must be made by resolution.
Approval of Application:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 80-11-5-5, APPROVING APPLICATION FOR
ROBERTI-Z'BERG OPEN -SPACE AND RECREATION GRANT FUNDS -
MARCO FORSTER JUNIOR HIGH SCHOOL FIELD LIGHTING - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -SPACE
AND RECREATION PROGRAM - MARCO FORSTER JUNIOR HIGH SCHOOL
FIELD LIGHTING
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The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
�(69) Council Position:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried that the City will work diligently
for project completion and projection of costs; public notifi-
cation is to be given prior to final project approval and
installation of field lights.
BIDS, CONTRACTS, AGREEMENTS
Councilman Buchheim left the Council Chamber due to a possible
conflict of interest.
1. APPROVAL OF AGREEMENT TO PARTICIPATE IN JUNIPERO SERRA
ENGINEERING ALIGNMENT FUNDING (PUEBLO SERRA)
(38) Written Communications:
(83) Report dated November 5, 1980, from the Director of Public
(85) Works, forwarding an agreement with First Commercial Enterprise
(24) to participate in funding of the Junipero Serra alignment
analysis. The report advises that the agreement is in two
phases to coincide with the development phasing of the Pueblo
Serra project; the first phase insures that proposed dedications
and improvements do not interfere with future alignments to
cross Trabuco Creek; the second phase will determine an align-
ment across the Pueblo Serra property to accommodate a crossing
of Trabuco Creek. The agreement retains L.D. King, of Santa
Ana, to conduct the alignment analysis; compensation for
Phase I is $11,500, fifty percent will be funded by the City;
Phase II compensation is $9,750, and the City will fund the
entire amount with a fifty percent reimbursement from First
Commercial Enterprise upon development of Phase II of Pueblo
Serra. A budget amendment will be required, since $10,000 is
budgeted, and until reimbursement for Phase II, City expenditure
will be $15,500.
Approval of Agreement:
It was moved by Councilman Bland, seconded by Councilman Friess
and unanimously carried with Councilmen Schwartze and Buchheim
absent, to approve the agreement with First Commercial
Enterprises, of Irvine, in the amounts of $5,750 for Phase I
and $4,875 for Phase II, for participation in the Junipero
Serra Engineering Alignment funding. Staff was directed to
implement a budget amendment to fund the project in the amount
of $15,500. The Mayor and City Clerk were authorized to _
execute the agreement on behalf of the City.
2. APPROVAL OF AGREEMENT FOR ENGINEERING SERVICES, JUNIPERO
SERRA ALIGNMENT (L.D. KING)
(38) Written Communications:
(83) Report dated November 5, 1980, from the Director of Public
Works, forwarding an agreement with L.D. King, of Santa Ana,
to perform engineering services in conjunction with the
alignment of Junipero Serra through the Pueblo Serra project.
Total compensation for the project is $21,250, which will be
split equally between the City and the developer of the Pueblo
Serra project, First Commerical Enterprises. Phase I is to
determine a crossing of Trabuco Creek without interfering
with dedications and improvements of the first phase of the
Pueblo Serra project, with compensation at $11,500; Phase II
is to determine the precise alignment of Junipero Serra
across the Pueblo Serra property, at $9,750. This agreement
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coincides with the agreement previously approved between the
City and First Commercial Enterprises for participation in
the funding of the engineering alignment design of Junipero
Serra.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried with Councilmen Schwartze and
Buchheim absent, to approve the Agreement for Engineering
Services, Junipero Serra at Trabuco Creek and AT&SF Railway
with L.D. King, Inc., of Santa Ana, in the amount of $21,250.
The Mayor and City Clerk were authorized to execute the
agreement on behalf of the City.
Councilman Buchheim returned to the dais and resumed his duties at
7:37 p.m.
3. APPROVAL OF CHANGE ORDER NO. 1 - REINFORCEMENT OF DESCANSO/
TRABUCO CREEK RECREATIONAL BRIDGE STRUCTURE (SPIESS CONSTRUCTION)
(38) Written Communications:
(62) Report dated November 5, 1980, from the Director of Public
(74) Works, advising that Caltrans has requested an upgrade of
the Descanso Recreational Bridge from 60 pounds per square
foot to 85 pounds per square foot. The report advises that
the total increase for the bridge upgrade will be $15,746;
Caltrans will fund 90 percent of the cost of the bridge,
now increased to $92,461, and the City's required 10 percent
participation will be increased to $9,246.10. Original
completion time was November 15th; however, the bridge
contractor has requested a 75 -day time extension to approximately
February 1, 1981.
Approval of Change Order:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to approve Change Order No. 1
to increase the cost of the bridge in the amount of $15,746,
and to increase the completion time by 75 days.
aIGN&V@NPW : o;
It was moved by Councilman Buchheim and seconded by Councilman
Bland that the staff recommendations be accepted for the following
items listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor Hauadorfer
NOES: None
ABSENT: Councilman Schwartze
APPROVAL OF WARRANTS
(41) The List of Demands dated November 5, 1980, Warrant Register
No. 81-051, in the total amount of $992,346.89, was approved
as submitted.
2. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
OCTOBER 21, 1980
(23) Council approved the request of the Commission to send the
following letters: to the owner of Patterson's Blacksmith
and Hardware supporting his request that the building be
listed on the Inventory of Historical and Culturally Signifi-
cant Structures, Objects and Sites; to the property owner
supporting the Patterson Blacksmith and Hardware as a business
of historical value; and, to Joe Soto regarding meeting
attendance to discuss mitigation of a new structure in the
Old Mission Cemetery. November 6, 1980, at 4:00 p.m., was
set for dedication of the Harrison House/Parra Adobe.
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3. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
OCTOBER 13, 1980
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of October 13, 1980, was ordered received and filed.
4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETING
OF OCTOBER 2, 1980
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meeting of October 2, 1980, was ordered
received and filed.
5. APPEAL OF ZONING ADMINISTRATOR DECISION -
ZONE VARIANCE 80-21 (MARINELLO)
(67) A public hearing was set for November 19, 1980, on the appeal
(95) submitted by Salvatore Marinello, of the Zoning Administrator's
denial of a rear -yard setback for property located at 31962 Via
de Linda, as set forth in the report dated November 5, 1980,
from the City Clerk.
6. APPROVAL OF PHASING AND RELEASE OF OCCUPANCY
TRACT 7673 (MAURER)
(25) As set forth in the report dated November 5, 1980, from the
(85) Director of Public Works, Phase IV, consisting of Lots 32
through 38 and 49-61, and Phase V, consisting of Lots 39-48,
of Tract 7673, were approved and authorization to release the
Certificates of Use and Occupancy for Phases IV and V was
given to staff. The developer will maintain the streets and
landscaping until acceptance by the Ctiy.
7. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF
SURETY - TRACT 6381 AND HIGHLAND DRIVE (FREDRICKS)
(38) Written Communications:
(85) Report dated November 5, 1980, from the Director of Public
Works, advising that the public improvements for Tract 6381
and Highland Drive have been completed and requesting release
of bonds.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 80-11-5-6, COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 6381 AND HIGHLAND DRIVE - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 6381
AND HIGHLAND DRIVE (FREDRICKS)
The Resolution accepts the public improvements and directs the
City Clerk to forward the Notice of Completion to the County
Recorder within 10 days.
Release of Surety:
The following bonds from Fireman's Fund are to be released
upon expiration of 35 days from recording of the Notice of
Completion:
Bond Amount
Labor & Material, No. 7116902 $1,866,200
Monumentation, No. 7116888 7,200
The following bond from Fireman's Fund was extended to
November 5, 1981:
Faithful Performance, No. 7116902 $1,866,200
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8. RELEASE OF GRADING BOND - TRACT 9339 (WERTIN)
(38) As set forth in the report dated November 5, 1980, from the
(49) Director of Public Works, grading bond No. 8SM 550 826, from
American Motorists Insurance Company, in the amount of $58,500,
for Tract 9339, was released.
9. APPROVAL OF CHANGE ORDER NO. 3, ASSESSMENT DISTRICT
NO. 78-3 (ORTEGA PROPERTIES/CLARKE)
(38) As set forth in the report dated November 5, 1980, from the
(74) Director of Public Works, Change Order No. 3, in the amount
of $8,531.84, for ten items to correct utility conflicts and
other difficulties, was approved.
APPROVAL OF PHASING AND RELEASE OF OCCUPANCY, TRACT 9299
(R.E.B. INVESTMENTS)
(25) In response to Councilman Friess, staff clarified that replacement
(85) of a proposed bridge crossing the ravine with a berm and drainage
facility had been previously approved by Council.
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to approve Phase I, consisting
of Lots 4-9, and Phase II, consisting of Lots 1-3 and 10, of
Tract 9299, and to authorize the release of the Certificates
of Use and Occupancy for the two phases by staff, as set forth
in the report dated November 5, 1980, from the Director of
Public Works.
RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT
ORTEGA HIGHWAY TRAFFIC SIGNALS (STEINY & COMPANY)
(38) Council requested that additional work be done on traffic
(82) signal sequencing, along with assistance from the Sheriff's
Department or California Highway Patrol. The City Manager
advised he would discuss the matter with Sheriff's Captain
LaDucer. Councilman Friess also requested that a meeting be
scheduled to discuss signal installation on Ortega Highway.
Written Communications:
Report dated November 5, 1980, from the Director of Public
Works, advising that the work for the replacement of the
traffic controllers on Ortega Highway at its intersections
with Camino Capistrano and Del Obispo, has been completed by
Steiny and Company. The payment status is as follows:
Total Construction Cost $22,880.50
Less 10% Retention 2,288.05
Less Previous Payment -0-
Balance Due $20,592.45
Acceptance of Work:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 80-11-5-7, COMPLETION OF TRAFFIC SIGN
MODIFICATION - ORTEGA HIGHWAY AND CAMINO CAPISTRANO
ORTEGA HIGHWAY AND DEL OBISPO STREET - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS
AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL MODIFICATION
AT ORTEGA HIGHWAY AND CAMINO CAPISTRANO AND ORTEGA
HIGHWAY AND DEL OBISPO STREET
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The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim
and Mayor Hausdor£er
NOES: None
ABSENT: Councilman Schwartze
The Resolution accepts the work and directs the City Clerk to
forward the Notice of Completion to the County Recorder within
10 days; payment is authorized to Steiny and Company in the
amount of $20,592.45; payment of the 10% retention is authorized
35 days after recordation of the Notice of Completion.
CLAIM FOR DAMAGES - CHANGE OF BUSINESS ADDRESS (HUTCHINSON)
(35) It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried that the claim in the amount
of $516.23, filed on September 16, 1980, by Robert 0. Hutchinson,
O.D., for reimbursement of the cost of stationary and business
forms made obsolete due to a re -numbering of street addresses,
be denied and referred to the City's Claims Adjuster, Carl
Warren and Company, as set forth in the report dated November 5,
1980, from the City Clerk.
Request for Report:
Council requested that staff prepare recommendations for
handling small claims.
APPROVAL OF PHASING AND RELEASE OF CERTIFICATES OF USE AND OCCUPANCY -
TRACT 9578 (COUNTRY HILLS ESTATES)
(25) Written Communications:
(85) Off -Agenda item dated November 5, 1980, from the Director of
Public Works, forwarding the request of the developer of
Tract 9578 that phasing be approved and the Certificates of
Use and Occupancy be released to staff. The report advises
that the public improvements are complete; landscaping is
nearing completion.
Approval of Phasing/Release of Occupancy:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to approve the following phasing
of Tract 9578:
Phase I, Lots 1-12; Phase II, Lots 26-32; Phase III,
Lots 13-25.
Staff was authorized to release the Certificates of Use and
Occupancy. Councilman Friess cited concern with the condition
of hydroseeding, due to lack of irrigation systems.
ADMINISTRATIVE ITEMS
CITY CLERK
1. APPROVAL OF REQUEST FOR WAIVER OF APPEAL PERIOD
(VERDE SAN JUAN ESTATES)
(67) Written Communications:
Report dated November 5, 1980, from the City Clerk, forwarding
letters received October 22, 1980, appealing the September 23rd
Planning Commission denial of a proposed site/grading plan for
a custom home in Tract 9030, and requesting a waiver of the
21 -day appeal period due to unforeseen circumstances. The
appeal period ended October 14, 1980.
Approval of Request:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to waive the appeal period
in this instance, and to set the matter for Council consideration
on November 19, pending receipt of the $25 appeal fee.
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CITY ATTORNEY
1. ORDER TO SHOW
PERMIT (VIEJO
OF
PATROL
(65) Written Communications:
Report dated November 5, 1980, from the City Attorney, advising
that Mr. Barrick and Viejo Security Service have not complied
with provisions of the Municipal Code.
Hearing:
Mayor Hausdorfer declared the Hearing open, and the following
persons responded:
(1) Robert E. Barrick, 32221 Alipaz Street, No. 132, stated
that: (1) his bonding company requires a bond application
form; (2) opposed the requirement to file copies of auto
insurance policies; (3) stated he has held a City license
for 10 years; and, (4) advised that State regulations had
superseded local requirements for registration of employees.
Further, the business has been moved to San Clemente, and
the Alipaz Street address is now solely a residence.
Mayor Hausdorfer summarized as follows:
(1) The City license is in effect;
(2) A bond or cash deposit is required; a bond application
is to be forwarded to Mr. Barrick by the City Attorney;
(3) Proof of vehicular insurance coverage is required.
Continuation of Hearing:
At the suggestion of the City Manager, the matter was continued
to the meeting of November 19th.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. PROPOSED CODE AMENDMENT - TREE PRESERVATION
(55) Written Communications:
(74) Report dated November 5, 1980, from the Acting Director of
Community Planning and Development, in response to Council
direction of May 21 and June 18, to review tree preservation
regulations and present a revised program to insure that trees
identified for preservation are preserved and whether permits
should be required for non-significant trees in residential areas,
as well as possible penalties for violation of the regulations.
The report submits a proposed amendment to clarify exemptions
from the permit process; includes a section outlining specific
procedures to insure preservation of trees designated on
development plans; and, lists alternatives to be considered
for violation of the regulations.
The Director of Community Planning and Development recommended
that Planning Commission hearings not be scheduled before
January, 1981, in order to provide San Juan Beautiful and area
developers an opportunity to comment on the proposed regulations.
Initiation of Code Amendment:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to initiate consideration of
an amendment to Section 9-2.308 of the Municipal Code and to
refer the item to the Planning Commission for hearings in
January.
At the request of Councilman Buchheim, guidelines for severe
tree pruning will also be considered.
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HE
DIRECTOR OF PUBLIC WORKS
1. RIGHT-OF-WAY FOR CUL-DE-SAC - WINDSONG DRIVE
(SUNHOLLOW HOMEOWNERS ASSOCIATION ASSESSMENT DISTRICT 78-3)
(74) Written Communications:
(83) Report dated November 5, 1980, from the Director of Public
(85) Works, advising that concerns of the Homeowners Association
regarding construction of the cul-de-sac have been resolved
and steps are being taken to begin construction. The report
further advises of the City's commitment to accommodate the
concerns of the Homeowners Association in the development
review of the adjacent property.
With the concurrence of Council, Mayor Hausdor£er directed
that the report be received and filed.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS OF OCTOBER 14 AND 28, 1980
(67) The Report of Actions taken by the Planning Commission at
their meetings of October 14 and 28, 1980, was ordered
received and filed.
MOBILE HOME PARK REVIEW COMMITTEE
1. RECOMMENDATIONS REGARDING CONDITIONS AT CAPISTRANO TERRACE
MOBILE HOME PARK AND INITIATION OF CODE AMENDMENT
(23) Written Communications:
Report dated November 5, 1980, from the City Attorney,
forwarding the recommendations of the Mobile Home Park
Review Committee regarding the Capistrano Terrace Mobile
Home Park.
Ed Clark, Committee Member, cited concerns with fire
protection at Capistrano Terrace Park, street conditions,
and the owner's desire to retain the same number of mobile
home spaces although larger units are being installed.
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to direct staff to investi-
gate the allegations relating to the existence of dangerous
conditions, and to coordinate the study of a change in side
yard setback requirements for mobile home parks with the
implementation of the Zoning Administrator's condition of
October 28, 1980. That condition relates to a master site
plan for Capistrano Terrace Mobile Home Park to be submitted
to the Planning Commission by the Park owner by February 1,
1981.
COUNCIL REMARKS
1. ADVERTISING SIGN VIOLATIONS
(25) Councilman Friess requested Code enforcement regarding illegal
advertising banners and window signs.
2. PARKING VIOLATIONS
(64) Councilman Friess requested that action be taken with regard
to the following illegally parked vehicles: (1) truck and
trailer at Village San Juan with "For Sale" sign; (2) truck
at La Novia/San Juan Creek Road.
3. TRANSPORTATION - AIRPORT CONSULTANT
(88) Councilman Friess requested that a status report be submitted
(37) by the City's airport consultant; Council concurred that a
report be scheduled for a future Agenda.
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a,
4. FLOWER VENDORS
(26) Councilman Buchheim noted that street flower vendors are an
on-going problem and requested that the Sheriff's Department
provide enforcement, especially at Ortega Highway and at
San Juan Creek Road.
5. STREET CONDITIONS - DEL OBISPO CURVE
(83) Councilman Bland noted that additional asphalt is needed
around water main street covers in the vicinity of Del
Obispo Street and Aguacate Road.
6. TRAFFIC - DEPOT PARKING LOT
(87) Representatives of the AR&SF Railway and Depot Restaurant
operators are to be contacted for discussion of methods of
controlling vehicles using the Depot parking lot as an
alternate route through the downtown area.
7. STREET LIGHTS - CAMINO CAPISTRANO
(53) Mayor Hausdorfer noted that street lights are not operating
on Camino Capistrano.
8. EQUESTRIAN COMMISSION - HORSE TRAFFIC
(23) Mayor Hausdorfer noted that horseback riders have been entering
the San Juan Hills Golf Course and crossing the greens. The
matter was referred to the Equestrian Commission for inclusion
in a public relations program.
9. SHERIFF SERVICES
(70) Mayor Hausdorfer suggested consideration of an additional
Sheriff patrol unit in the City and complimented the Department
on the quality of service.
10. FIRE STATION DEDICATION
(42) Councilman Buchheim noted the dedication of the recently -
completed Fire Station No. 7 is scheduled for November 6, 1980,
at 10:00 a.m.
EXECUTIVE SESSION
The Council recessed to Executive Session at 8:30 p.m., the City Clerk
being excused therefrom, and reconvened at 9:40 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 9:40 p.m., to the next regular meeting date of Wednesday,
November 19, 1980, at 7:00 p.m., in the City Council Chamber.
Respectfully submitted,
MARY ANN HA OVER, CITY CLERK
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