81-0303_CC_Minutes_Regular MeetingMARCH 3, 1981 18 •
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
7:06 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Roger
Boatman, Community Christian Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Phillip R. Schwartze, Mayor pro tem
Anthony L. Bland
Arrived at 7:27 P.M.
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, 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; Thomas G. Merrell,
Director of Community Planning and Development; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of February 17, 1981:
It was moved by Councilman Friess, seconded by Councilman Buchheim
that the Minutes of the Regular Meeting of February 17, 1981, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland, and
Buchheim
NOES: None
ABSTAIN: Mayor Hausdorfer
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: None
INTRODUCTION - DEPUTY CITY CLERK
(31) The City Clerk announced that the vacancy created by the
(66).:resignation of Cheryl Johnson had been filled. Ofelia
Lopez, appointed as Deputy City Clerk effective March 5,
1981, was introduced to the City Council and members of the
audience.
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION, FIESTA DE LAS GOLONDRINAS (MARCH 14-21, 1981)
(36) Mayor Hausdorfer read the Proclamation in full and proclaimed
(61) the week of March 14, 1981 through March 21, 1981, the week
of Fiesta de las Golondrinas and urged all residents and
visitors to join in celebrating the return of the swallows
to the City of San Juan Capistrano. The Proclamation was
presented to Sue Cummings, representative of the San Juan
Fiesta Association.
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2. COMMENDATION (BUD HANSON, MOBILE HOME PARK REVIEW COMMITTEE
MEMBER)
(23) Mayor Hausdorfer presented a Certificate of Commendation to
(36) Bud Hanson recognizing his valuable advice and service
during his tenure on the Mobile Home Park Review Committee.
Council concurred that Mr. Hanson's resignation be accepted,
due to his leaving the area.
3. COMMENDATION (JEFF MILLER)
(36) Mayor Hausdorfer presented a Certificate of Commendation to
Jeff Miller recognizing Mr. Miller's past contributions and
service as a voluntary local weather monitoring and report-
ing service for the greater San Juan Basin and Saddleback
Valley areas.
Councilman Bland arrived at 7:27 P.M. and assumed his duties.
4. GENERAL AVIATION AIRPORT REVIEW
(88) Don K. Hanna, airport consultant, 30161 Branding Iron Road,
made an oral presentation and provided a written summary of
the status of the County General Aviation Airport site
selection review.
Approval of Recommendations: It was moved by Councilman
Schwartze, seconded by Councilman Buchheim and unanimously
carried to approve the following recommendations:
(1) That the City continue input into the General Airport
site selection process through Mr. Hanna, the City's
representative on the Site Selection Advisory Committee.
(2) That the County Board of Supervisors be informed of the
City's intent to actively pursue a replacement airport
either within San Juan Capistrano or its sphere of
influence or adjacent to the City limits.
(3) That the Aviation Consultant be authorized to explore
the possibility of establishing a heliport in San Juan
Capistrano and to provide a report and recommendations
to the City on the subject.
Mayor Hausdorfer requested that the Council be apprised of
future aviation activities.
ORAL COMMUNICATIONS
1. LITIGATION, LAS COLINAS DE CAPISTRANO DEVELOPMENT
(35) Marilyn Williams, 29931 Camino Capistrano, addressed the
Council and expressed appreciation to the Mayor for clarify-
ing the amount of City funds expended in conjunction with
the Colinas de Capistrano litigation. In response to
Mrs. Williams, the City Manager clarified that the estimated
amount of staff time expended would not exceed $10,000.
Mrs. Williams suggested that rather than pursue such litiga-
tion, the matter be placed before the voters for decision.
2. CAMINO DEL AVION STREET IMPROVEMENT (KINOSHITA)
(83) Shigeru Kinoshita, property owner of farmland at the inter-
section of Camino Del Avion and Alipaz, addressed the Council
to request installation of protective fencing due to the
incompleted status of the Camino Del Avion street improve-
ments and trespassing problems.
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Approval of Protective Fencing: It was moved by Councilman
Friess, seconded by Councilman Schwartze and unanimously
carried that staff be authorized to take the necessary
measures to install protective fencing along Camino Del
Avion as soon as possible.
John Loynd, construction contractor for the development in
progress on the opposite side of Camino Del Avion, also
addressed the Council and offered some suggestions to
resolve the problems with trespassing on farmland.
WRITTEN COMMUNICATIONS
1. REQUEST FOR COST-SHARING MAINTENANCE (MISSION HILLS RANCH
ASSOCIATION)
(61) Council received a letter dated February 19, 1981, from
(74) Steve Karassik, President, Mission Hills Ranch Homeowners
(76) Association, requesting that the City of San Juan Capistrano
share in the cost of maintaining City property on Mission
Hills Drive from Rancho Viejo Road to approximately Lariat
Circle. The water costs for this area in 1980 were $342.62.
With the concurrence of Council, Mayor Hausdorfer referred
the letter to the Director of Public Works for preparation
of a report.
2. REOUEST FOR CONSIDERATION OF CERTAIN PERMIT COSTS, TRACT 11086
(76) Council received copies of a letter dated February 25, 1981,
(85) from Fritz W. Kastner of Tri -S Homes requesting partial
(86) relief from permit costs. The developer specifically requests
that the City waive the requirement of fee payments in the
amount of $51,800.84, as prescribed in Ordinance 211 and
364, and to reduce the plan check fee.
With the concurrence of Council, Mayor Hausdorfer referred
the request to the Director of Public Works for preparation
of an off -agenda report and evaluation.
PUBLIC HEARINGS
1. APPROVAL OF TENTATIVE PARCEL MAP 81-851 (CHURCH OF THE NAZARENE)
(85) Proposal:
Division of a five -acre parcel into two lots of 1 acre and
4.2 acres. The property is located along La Novia Avenue
south of Ortega Highway, and is within the Ortega Planned
Community. Construction of the Nazarene Church has been
approved on the larger parcel; a plan has been submitted for
a special education school on the 1 -acre site.
Written Communications:
Report dated March 3, 1981, from the Director of Community
Planning and Development, forwarding the proposal for approval
subject to conditions.
Applicant:
Church of the Nazarene, 524 East Chapman, Orange, CA 92666
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing; and, the following persons re-
sponded in support of the proposal:
(1) Del Walton, 236 South Wheeler, Orange, CA,
the ITOP School, advised that plans include
of temporary trailer facilities.
representing
placement
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There being no further response, the Hearing was closed.
It was moved by Councilman Schwartze, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 81-3-3-1, TENTATIVE PARCEL MAP 81-851
(CHURCH OF THE NAZARENE) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 81-851 -(CHURCH OF THE
NAZARENE).
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: None
2. AMENDMENT TO TITLE 9 (LAND USE) OF THE MUNICIPAL CODE -
(55) Proposal:
Approval of an amendment to add sub -section 6.9 to Section
9-3.424 of the Municipal Code which would allow the Planning
Commission to approve or deny architectural projections
exceeding maximum height limitations within the Public
Institutional District during site plan review. The build-
ing height limit of 35 feet would be maintained.
Written Communications:
Report dated March 3, 1981, from the Director of Community
Planning and Development.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing; there being no response, the
Hearing was closed.
Approval of Code Amendment:
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,
seconded by Councilman Buchheim that the following Ordinance
be introduced:
ORDINANCE NO. 419, AMENDMENT TO TITLE 9, SECTION
9-3.424 OF THE MUNICIPAL CODE - ARCHITECTURAL
PROJECTIONS IN THE IP (Public Institutional) DISTRICT
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: None
3. REZONE 81-2, ZONE CHANGE FROM AG (GENERAL
IP (PUBLIC INSTITUTIONAL) (OCEAN HILLS CO
(95) Proposal:
Request for a zone change to allow a community church to be
located on approximately 1.06 acres adjacent to the Cook
barn on Del Obispo Street.
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191-
Written
91
Written Communications:
Report dated March 3, 1981, from the Director of Community
Planning and Development.
Applicant:
Ocean Hills Community Church, 1309 Avenida De La Estrella,
San Clemente, CA 92672
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and the following persons responded:
(1) Homer Waisner, representing the church, advised he was
available to answer any questions.
Approval of Rezone:
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,
seconded by Councilman Friess, that the following Ordinance
be introduced:
ORDINANCE NO. 420, REZONE 81-2 (OCEAN HILLS COMMUNITY
CHURCH) - AN ORDINANCE OF THE CITY OF_ SAN JUAN_
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 393 BY CHANGING THE
ZONING ASSESSORS PARCEL NO. 121-182-24 FROM AG
(GENERAL AGRICULTURE) TO IP (PUBLIC INSTITUTIONAL).
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: None
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 418 - REZONE 80-3 (FORSTER CANYON
;NED COMMUN
(95) Written Communications:
Report dated March 3, 1981, from the City Clerk forwarding
Ordinance No. 418, which was regularly introduced at the
meeting of February 17, 1981.
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 Schwartze,
seconded by Councilman Friess, that the following ordinance
be adopted with the inclusion of the following omitted
wording:
Page 2, subparagraph f, add the words, "and equestrian/
hiking trails" between "...bikeway link" and "between
Camino Las Ramblas..."
ORDINANCE NO. 418
REZONE 80-3 (FORSTER CANYON PLANNED COMMUNITY
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 398 BY CHANGING THE
ZONING OF ASSESSOR'S PARCEL NOS. 124-110-1,
124-110-3, 124-110-16, 124-110-49, 124-110-51 AND
124-110-63, 124-120-4, 124-120-25, AND 675-081-4,
675-081-10, 675-081-11 AND PORTIONS OF 675-081-13
FROM GM (GROWTH MANAGEMENT) TO PC (PLANNED COMMUNITY)
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192
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: None
RESOLUTIONS
1. APPROVAL OF PRIORITY PLAN FOR EXPENDITURE OF FUNDS (CALIFORNIA
PARKLANDS ACT OF 1980
(41) Written Communications:
(62) Report dated March 3, 1981, from Pamela Hallan, Administrative
Assistant, forwarding a proposed Resolution supporting a
Priority Plan of Expenditures, pursuant to the 1980 Parklands
Act. The recommended Alternative 3 Allocation for Orange
County and its incorporated cities would provide $82,922 in
Park Bond funds to the City of San Juan Capistrano.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted.
RESOLUTION NO. 81-3-3-2,PRIORITY PLAN FOR EXPENDITURE -
CALIFORNIA PARKLANDS ACT OF 1980 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE PRIORITY PLAN FOR EXPENDITURE
UNDER THE PROVISIONS OF THE CALIFORNIA PARKLANDS ACT OF
1980.
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: None
2. ESTABLISHMENT OF "NO PARKING" ZONE - CAMINO DEL AVION FROM
500 FEET EAST OF AVENIDA DESCANSO TO ALIPAZ STREET
(64) Written Communications:
Report dated March 3, 1981, from the Secretary of the Traffic
and Transportation Commission forwarding a Resolution for
the establishment of a "No Parking" zone on both sides of
Camino Del Avion from Alipaz to 500 feet east of Descanso.
Costs for red curbs and "No Parking" signs are estimated at
$700.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted.
RESOLUTION NO. 81-3-3-3, PARKING REGULATIONS - CAMINO
CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
"NO PARKING" AREA ON BOTH SIDES OF CAMINO DEL AVION
FROM ALIPAZ STREET TO 500 FEET EAST OF DESCANSO.
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: None
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Y93
3. ACCEPTANCE OF IRREVOCABLE OFFER, TRAIL EASEMENT - SUNDANCE
DRIVE AT ARROYO PARK (SUNHOLLOW HOMEOWNERS' ASSOCIATION)
(23) Written Communications:
(61) Report dated March 3, 1981, from the Director of Public
(73) Works forwarding a proposed Resolution accepting the irrevoc-
able offer for the acquisition of park land between Sundance
Drive and Arroyo Park from the Sunhollow Homeowners' Association.
The land in question is owned by the Sunhollow Homeowners'
Association and is a narrow strip of land between the easterly
curb of Sundance Drive and the Sunhollow tract boundary.
This land has been irrevocably offered to the City and is
necessary to insure legal access to the new Arroyo Park from
Sundance Drive, Sunhollow and the equestrian trail presently
on the north side of Ortega Highway.
John Katzmeier, 27575 Brookside Lane, Association President
addressed the Council regarding irrigation facilities within
the area in question. The Director of Public Works recommended
that the Resolution be approved with an amendment which
would reserve the Association's right to operate and maintain
the existing underground irrigation facilities in the future.
Adoption of Resolution, as Amended: It was moved by Councilman
Schwartze, seconded by Councilman Buchheim that the following
Resolution be adopted with the amendments cited above:
RESOLUTION NO. 81-3-3-4, ACCEPTING IRREVOCABLE OFFER OF
DEDICATION - PARK PURPOSES, LOT 54, TRACT 8325 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING IRREVOCABLE OFFER OF
DEDICATION IN FEE SIMPLE FOR PARKING PURPOSES OVER A
PORTION OF LOT 54 IN TRACT 8325.
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: None
Councilman Friess suggested that staff pursue the installation
of a flashing light crossing of Ortega Highway by contacting
CalTrans.
BIDS, CONTRACTS, AGREEMENTS
1. AWARD OF CONTRACT,- LOBO STREET CONSTRUCTION (LOS RIOS AREA)
(23) Written Communications:
(38) Report dated March 3, 1981, from the Director of Public
(83) Works, forwarding the results of the bid opening held
February 27, 1981 for the construction of Lobo Street. The
project consists of the construction of a storm drain, sewer
and road parallel to Los Rios Street and connecting Ramos
and Mission Streets. The project is part of the Los Rios
Program and subject to Federal requirements and funding
(Housing & Community Development Act) processed by the
County of Orange.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to award the contract for
the Lobo Street improvement project to Cappello Construction
Company of San Juan Capistrano in the amount of $49,206.00,
and to reject all other bids. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
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2. AWARD OF CONTRACT - CHANNEL REPAIR AT SAN JUAN CREEK TO
SAN JUAN CREEK ROAD
(38) Written Communications:
(80) Report dated March 3, 1981, from the Director of Public
Works, forwarding the results of the bid opening held
February 23, 1981, for the San Juan Creek/La Novia storm
drain channel repairs.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to award the contract for
channel repair at San Juan Creek to San Juan Creek Road to
Tight Spot, Inc., of Laguna.- Hills, in the amount of $4,474.74,
and to reject all other bids. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
3. AWARD OF CONTRACTS FOR LANDSCAPE MAINTENANCE SERVICES
(38) Written Communications:
(62) Report dated March 3, 1981, from the Director of Public
(74) Works, forwarding the results of bid openings held on
February 25, 1981, for contract landscape maintenance
services for certain City parks, parkways and Landscape
Maintenance Districts.
Dennis Haehn, 28261 Via Rueda, addressed the Council to
express dissatisfaction with current maintenance services on
Lots 53-61 of Tract 9373.
Award of Contracts:
It was moved by Councilman Schwartze and seconded by Council-
man Buchheim to take the following actions with regard to
bids for contract landscape maintenance and to authorize the
Mayor and City Clerk to execute the awarded contracts on
behalf of the City; the motion carried with Councilman
Friess voting in the negative:
(1) Mission Bell, Descanso, Cook, Mini, Junipero Serra
and El Camino Real Parks:
Awarded to Toyo Landscaping at $33,000 annually, with
all other bids rejected.
(2) Various Parkway Areas:
All bids received were rejected, and staff was author-
ized to re -advertise the project.
(3) Landscape Maintenance Districts:
Tracts 7673 and 8485: Awarded to Transcontinental
Factors at $4,800 annually
per Tract, with all other
bids rejected.
Tract 9382: Awarded to Toyo Landscaping
at $12,000 annually.
Tracts 7673, 8485, 9382, 8284, 9373, and 7654
Tract 9284: Awarded to Toyo Landscaping
at $6,780 annually.
Tract 9373: Awarded to Toyo Landscaping
at $14,400 annually.
Tract 7654: Awarded to Toyo Landscaping
at $12,600 annually.
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4. AWARD OF CONTRACT - VIA DE AGUA MAJOR STREET REPAIRS
(38) Written Communications:
(83) Report dated March 3, 1981, from the Director of Public
Works, forwarding the results of the bid opening held
February 24, 1981, for an asphalt concrete overlay and sub-
surface drainage system on Via de Agua, due to heavy traffic
and high ground water conditions.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to award the contract for
major street repairs on Via de Agua to Ortega Rock Company
of San Juan Capistrano in the amount of $33,362.95, and to
reject all other bids. The Mayor and City Clerk were author-
ized to execute the contract on behalf of the City.
Mayor Hausdorfer requested that residents of the area be
notified prior to commencement of the type of work to be
undertaken.
5. CONSULTANT LANDSCAPE DESIGN SERVICES - C. RUSSELL COOK PARK,
PHASE IA (LAND CONCERN, LTD.)
(38) Written Communications:
(62) Report dated March 3, 1981, from the Director of Recreation
forwarding an Agreement for landscape design services for
C. Russell Cook Park - Phase 1-A, as recommended by the
Parks and Recreation Commission on February 24, 1981.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the agreement
with Land Concern, Ltd., for landscape design services for
C. Russell Cook Park, Phase 1-A, in an amount not to exceed
$5,500. The Mayor and City Clerk were authorized to execute
the agreement on behalf of the City.
CONSENT CALENDAR
It was moved by Councilman Friess and seconded by Councilman
Schwartze that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Schwartze, Bland, Buchheim
and Mayor Hausdorfer
NOES: None
ABSENT: None
1, APPROVAL OF WARRANTS
(41) The List of Demands dated March 3, 1981, Warrant Register
No. 81-091, in the total amount of $621,486.99, was approved
as submitted.
2. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF
FEBRUARY 24, 1981
(23) The report dated March 3, 1981, from the Secretary of the
Cultural Heritage Commission regarding actions taken by the
Cultural Heritage Commission at the regular meeting of
February 24, 1981, was ordered received and filed.
3. TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS OF
(23) The report dated March 3, 1981, from the Secretary of Traffic
and Transportation Commission, regarding actions taken at
their February 5, 1981, and February 25, 1981, meetings was
ordered received and filed.
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Council requested that the Sheriff's Department strictly
enforce the City's parking regulations.
4. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT -
MONTANEZ ADOBE (D.W. CONTRACTING)
(23) Written Communications:
(38) Report dated March 3, 1981, from Pamela Hallan, Adminis-
trative Assistant, that the rehabilitation of the Montanez
Adobe has been completed. The payment status is as follows:
Total project cost $86,819.00
Less 10% retention 8,681.90
Total due to date $78,137.10
Previous progress payments $78,137.10
Amount Due this Payment -0-
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 81-3-3-5, COMPLETION OF MONTANEZ
ADOBE REHABILITATION - 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 REHABILITATION
OF THE MONTANEZ ADOBE
The Resolution accepts the work and directs the City Clerk
to forward the Notice of Completion to the County Recorder
within 10 days; payment of the 10% retention was authorized
35 days after recordation of the Notice.
5. APPROVAL OF CHANGE ORDER NO. 1, RESOLUTION, NOTICE OF
COMPLETION AND FINAL REPORT - TRUNK LINE SEWER RECONSTRUCTION
VICTORIA STREET TO STONEHILL DR. (CAPPELLO)
(38) Written Communications:
(80) Report dated February 17, 1981, and resubmitted March 3, 1981,
from the Director of Public Works advising that the work for
the land outfall between Victoria Street and Stonehill Drive
has been completed by Cappello Construction. The payment
status is as follows:
Total Construction Costs $187,538.41
Less 10% retention 18,753.84
Total due to date $168,784.57
Previous payment 162,934.57
Balance Due this Payment
5,850.00
Approval of Change Order/Acceptance of Work:
Change Order No. 1, in the amount of 5,850.00, was approved
and the following resolution was adopted:
RESOLUTION NO. 81-3-3-6, COMPLETION OF SEWER
RECONSTRUCTION - A RESOLUTION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF TRUNKLINE SEWER RE-
CONSTRUCTION - VICTORIA STREET TO STONEHILL DRIVE
The resolution accepts the work and directs the City Clerk
to forward the Notice of Completion to
within 10 days, payment was authorized
in the amount of $5,850.00; payment of
$18,753.84 was authorized 35 days after
Notice of Completion.
the County Recorder
to Cappello Construction
the 10% retention of
recordation of the
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6. APPROVAL OF INSTALLATION OF 3 -WAY STOP SIGN - CAMINO
M
19'7
(82) Installation of a 3 -way stop sign on Camino Capistrano at
the southbound freeway ramp was approved in conjunction with
the installation of a left turn lane for southbound traffic,
as set forth in the report dated March 3, 1981, from the
Secretary of the Traffic and Transportation Commission.
7. APPEAL OF PLANNING COMMISSION DECISION - AMENDMENT TO
AV! WTTR(`TTTPAT. RT.P..VATTnNR AND LOT LINE ADJUSTMENTS (HI.
(67) A public hearing on the appeal of the February 24th
(85) Planning Commission denial of a request for an amendment to
architectural elevations and lot line adjustments for Tract
9786 was scheduled for Tuesday, March 17, 1981. The appeal
was filed by Tim Kruer, representing Hidden Mountain Venture,
Ltd., as set forth in the report dated March 3, 1981 from
the City Clerk.
ADMINISTRATIVE ITEMS
CITY CLERK
1. EXTENSION OF LEASE/INITIATION OF CONDITIONAL USE PERMIT
(MISSION TRAILS CORRAL)
(23) Written Communications:
(38) Report dated March 3, 1981, from the City Clerk/Equestrian
Commission Secretary regarding the existing leases with the
operators of Mission Trails Corral and Wagon Wheel Stables.
The stables are located on City property in the vicinity of
Calle Arroyo and Avenida Siega. On February 3, the City
Council directed that the Equestrian Commission prepare
specifications for lease of the area also known as Phase I -B
of Area G of the C. Russell Cook Park Master Plan; however,
the Mission Trails Corral lease expires March 18, 1981; the
Wagon Wheel Stables lease expires January 2, 1982.
Initiation of Conditional Use Permit:
It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried that the City Council
initiate a Conditional Use Permit on Lot A, Tract 8485, for
commercial stable use and that the matter be referred to the
Planning Commission. Mayor Hausdorfer suggested that the
Conditional Use Permit be for a period of five years to
coincide with the previously -approved equestrian use of the
property.
Extension of Lease and Call for Bids:
It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried to extend the lease with
Mission Trails Corral to December 18, 1981, with a call for
bids on the entire parcel scheduled for the Council meeting
of June 16, 1981. The Equestrian Commission has directed to
prepare the bid specifications.
DIRECTOR OF PUBLIC WORKS
1. REVIEW OF OSO CREEK DIVERSION PIPELINE (SAN JUAN BASIN
(79) Written Communications:
(80) Report dated March 3, 1981, from the Director of Public
(94) Works advising that the Environmental Review Board has
considered the initial study of the Oso Creek Diversion and
Basin Brine Line Extension, as proposed by the San Juan
Basin Authority. The project is proposed for the purpose of
reducing the level of dissolved solids in the central San
Juan Capistrano ground water by intercepting run-off from
the Mission Viejo area and accelerating its flow into the
ocean out -fall.
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It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to receive and file the
report and to direct the Environmental Review Board to
forward the comments and concerns contained in the report to
the San Juan Basin Authority.
2. APPEAL OF BUILDING CODE DECISION, O'NEILL
(25) Written Communications:
(62) (1) Report dated March 3, 1981, from the Director of Public
Works forwarding the appeal of the San Juan Capistrano
Historical Society with regard to a staff determination
that the lower room at the O'Neill Museum on Los Rios
Street should be classified as a basement and thus
require one-hour, fire-resistant construction. The San
Juan Historical Society, in their renovation of the
O'Neill Museum, desires to use the lower room as a
meeting room and classroom limited in occupancy to 40
people.
(2) Letter dated February 20, 1981, from Douglas B. Nash,
President, San Juan Historical Society, Box 81, San
Juan Capistrano, CA 92693.
Appeal Hearing:
With the City Council sitting
Hausdorfer opened the hearing
and testimony. There being no
closed.
as the Board of Appeals, Mayor
for presentation of evidence
response, the hearing was
Appeal Sustained:
Mayor Hausdorfer clarified that the item of appeal is the
one-hour wall. It was moved by Councilman Schwartze, seconded
by Councilman Buchheim and unanimously carried that the
Board of Appeals find the deviation from the Building Code
is acceptable in this instance and that the appeal is sustained
with the provision that a fast -opening door be installed and
smoke alarms be located both in the meeting area and in the
upper story of the Museum.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
(67) With Council concurrence, Mayor Hausdorfer directed that the
Report of the Planning Commission Actions of February 24, 1981,
be received and filed.
AGRICULTURAL PRESERVATION COMMITTEE REPORT
(23) Written Communications:
(68) (1) Mayor Hausdorfer, Chairman of the Agricultural Preserva-
tion Committee, provided a status report reviewing the
history of the Agricultural Preservation Program and
the incentives implemented by the City in an effort to
develop an agricultural program financially feasible
for the property owners.
(2) Letter dated February 17, 1981, from William R. Williams
providing dissenting information on the proposed
10 -year agriculture preservation program.
Discussion:
Councilman Friess commented that the only feasible opportunity
to preserve the agriculture program would be by property
acquisition, either through purchase or long-term lease;
that former Council Member Jim Thorpe may be available to
pursue funding through the Federal Government; that if a
viable program is not established by July, a bond or tax
measure should be placed on the November ballot for a decision
by the voters. There was a general concurrence of Council
that a commitment is in order and that a ballot measure
would be acceptable, with assurance that voters realize a
successful measure would entail purchase of open parkland.
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199
Bill Bathgate, ranch manager, addressed the Council in
support of the discussion; the City Manager was requested to
provide Mr. Bathgate with copies of documentation removing
sewer hookup restrictions from agricultural lands except for
the 200+ acres within the preserve, with rights of enforce-
ment granted to the City by the California Coastal Commission.
COUNCIL REMARKS
1. C. RUSSELL COOK PARK
(62) Council concurred with Mayor Hausdorfer that the firm of Land
Concern, Ltd., be asked to review park designs for the recently
acquired Glendale Federal property within C. Russell Cook Park.
2. TRAFFIC SIGNS - CAMINO LAS RAMBLAS
(82) Council concurred with Mayor Hausdorfer that consideration
of installation of traffic signs at the intersection of
Camino Las Ramblas and Via California be referred back to
the Traffic and Transportation Commission for report. Con-
sideration is to be given to a 3 -way stop signal installation.
3. ORTEGA HIGHWAY CROSSING
(44) Council concurred with Mayor Hausdorfer that there is a need
for an over or under crossing of Ortega Highway for use by
pedestrians due to increasing residential, church, and
school traffic. A Council decision is to be made during
budget considerations.
4. NOMINATIONS FOR ORANGE COUNTY GRAND JURY
(56) Written Communications:
Report dated March 3, 1981, from the City Manager, forwarding
applications for nomination to the Orange County Grand Jury.
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried that Charles P. McCann, Jr.,
and Jack E. Trout be nominated to the Superior Court for
consideration of appointment to the Orange County Grand
Jury.
CLOSED SESSION
The Council recessed to Closed Session at 9:30 P.M., for the
discussion of personnel and legal matters, the City Clerk being
excused therefrom, and reconvened at 11:15 P.M.
COUNCIL ACTION
1. APPEAL OF COURT DECISION, COLINAS DE CAPISTRANO DEVELOPMENT
(35) Council concurred that the Superior Court decision with
regard to the Board of Supervisors approval of the Area Plan
and Feature Plan of the Colinas de Capistrano Development be
appealed.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:20 P.M., to the next regular meeting date of
Tuesday, March 17, 1981 at 7:00 P.M., in the City Council Chamber.
Respectfully submitted,
r/
i
3/3/81