81_0421_CC_Minutes_Regular Meeting229
April 21, 1981
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 Schwartze at
7:05 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Homer
Waisner, Jr., Ocean Hills Community Church.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
ABSENT: Anthony L. Bland, Councilman
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
George M. Lohnes, Jr., Acting 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 April 7, 1981
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of April 7, 1981,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
Adjourned Regular Meeting of April 10, 1981
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the Minutes of the Adjourned Regular Meeting of
April 10, 1981, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
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ORAL COMMUNICATIONS
1. MOBILE HOME PARK REVIEW COMMITTEE - PROPOSED AMENDMENTS TO
ORDINANCE NO. 412
(23) Mr. Art McConnell, Chairman, San Juan Capistrano Mobile Home
Council, requested revisions to Ordinance No. 412 dealing
with membership requirements on the Committee.
Council concurred that staff be directed to prepare an
urgency Ordinance to be presented on May 5, 1981, providing
for reconstitution of the Mobile Home Park Review Committee
membership requirements to allow appointment of additional
members who are other than park owners or managers.
WRITTEN COMMUNICATIONS
1. QUITCLAIM EASEMENT OF CITY -OWNED STREET - CAPISTRANO INN
(73) Letter dated April 9, 1981, from E. Fred Grether, Co-owner
(76) of the Capistrano Inn, 27174 Ortega Highway, requesting that
the City quitclaim a sixty -foot street easement at the
eastern property line.
With the concurrence of Council, Mayor Schwartze referred
the letter to the Director of Public Works for a report.
2. DRAINAGE CONDITIONS - LOS RIOS STREET
(72) Letter dated April 9, 1981, from Gilbert E. Jones, 31791 Los
(80) Rios Street, requesting repair of drainage conditions adjacent
to his property at Los Rios and River Streets.
Following discussion, it was moved by Councilman Friess,
seconded by Councilman Hausdorfer and unanimously carried
that staff be directed to expedite repair of the drainage
conditions at a sum not to exceed $10,000.
PUBLIC HEARINGS
1.
OF
PLAN 81-1. ORTEGA
(28) Proposal:
(85) Approval of the area plan and residential concept plan for
Planning Sector E of the Ortega Planned Community. The
project includes 30 single family attached units located on
3.87 acres at the southwest corner of La Novia Avenue and
Ortega Highway.
Applicant:
Fredricks Development Corporation, 9 Brookhollow Drive,
Santa Ana, 92705.
Written Communication:
Report dated April 21, 1981, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission on March 24, 1981.
Exhibits were on display, and the Director of Community
Planning and Development made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing; and, the following persons
responded:
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(1) Wade Cable, representing the applicant, advised that
the sound wall on Ortega Highway would be of solid
masonry with pilasters and ornamental ironwork.
(2) John Katzmeier, 27575 Brookside Lane, President of the
Sunhollow Homeowner's Association, stated his concur-
rence with the concept plan as submitted.
There being no further response, Mayor Schwartze declared
the Hearing closed.
Approval:
It was moved by Councilman Hausdorfer, seconded by Council-
man Friess that the following Resolution granting a Growth
Management Point Rating of 65 subject to conditions, be
adopted:
RESOLUTION NO. 81-4-21-1, AREA PLAN - PLANNING
SECTOR E OF THE ORTEGA PLANNED COMMUNITY AND
RESIDENTIAL CONCEPT PLANS (FREDRICKS) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AREA
PLAN - PLANNING SECTOR E OF THE ORTEGA PLANNED
COMMUNITY AND RESIDENTIAL CONCEPT PLANS FOR
GROWTH MANAGEMENT 81-1 (FREDRICKS DEVELOPMENT
CORPORATION)
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
2. APPEAL OF PLANNING COMMISSION DECISION - CONDITIONAL USE
PERMIT 81-2, ORTEGA HIGHWAY (GIDDINGS PRODUCE STAND)
(39) Proposal:
Appeal of the March 24, 1981, Planning Commission denial of
Conditional Use Permit 81-2 to re-establish a small scale
produce stand. The $25.00 appeal fee was paid.
Appellant:
Richard Giddings, 28341 Ortega Highway.
Written Communications:
Report dated April 21, 1981, from the Director of Community
Planning and Development.
Statements of opposition:
(1) Letter dated March 23, 1981, from Ilse Byrnes,
28355 Ortega Highway;
(2) Letter dated April 6, 1981, from the manager of the
Capistrano Saddle Club, 28650 Ortega Highway.
Statements of support:
(1) Letter dated April 21, 1981, from Shirley Hart,
26422 Kimberly Lane;
(2) Letter received April 20, 1981, from Mr. & Mrs.
Charles P. McCann, Jr., 27703 Ortega Highway;
(3) Letter received April 20, 1981, from Thomas P. Schmoe,
27703 Ortega Highway;
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(4) Letter dated April 16, 1981, from Madaline L. Wagner,
27703 Ortega Highway;
(5) Letter dated April 17, 1981, from Clyde, Frances, and
James Tipton, 27703 Ortega Highway.
The Director of Community Planning and Development made an
oral report and advised that the Planning Commission denial
was due to concerns with spot zoning; that closing of the
stand was in response to County Health Department concerns;
that the appellant will relocate the refrigeration unit to
avoid noise problems for surrounding residents.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze -
opened the Public Hearing, and the following persons responded:
(1) Richard Giddings, appellant, stated support for approval
of the Conditional Use Permit, subject to various
modifications;
(2) Milton Long, 28333 Ortega Highway, opposed approval and
stated that the conditions are unenforceable. Mr. Long
also stated that the fencing requirements of Condition
10 should include an equestrian trail to provide a link
between the Hunt Club Tract 6305 and Avenida Siega on
the west side of Ortega Highway.
There being no further response, Mayor Schwartze declared
the Hearing closed.
Approval of Conditional Use Permit, as Amended:
It was moved by Councilman Buchheim, seconded by Councilman
Friess to approve Conditional Use Permit 81-2 (Giddings)
with the following amendments and with the exception of
Condition 6:
Condition 3. Add the following: Addition of any square
footage of space in connection with the
relocation of the refrigeration unit is
prohibited.
Condition 5: Re -word as follows: The sale, display and
storage of produce stand related goods shall
occur entirely within the perimeter of the
stand structure, as identified on Exhibit A.
Sales display and storage in connection with
the produce stand use shall be prohibited
within the existing house and barn structure.
Condition 13: Re -word as follows: The property owner shall
enter into an agreement to vacate the use
upon sale or lease of the property, unless
said use is extended by the City Council.
Said agreement shall be executed prior to the
issuance of building or occupancy permits.
Condition 14. Re -word as follows: On-site preparation,
service, or consumption of food shall be
prohibited, as well as on-site consumption of
produce or beverages. In addition, amenities
for service of food, such as chairs and
tables, shall be prohibited.
New Condition 15. City Staff shall be permitted to make
on-site inspections of the produce
stand and storage area during normal
business hours.
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New Condition 16. Approval of the Conditional Use Permit
shall be reviewed in 6 months by scheduling
on the October 20, 1981, City Council
Consent Calendar.
Councilman Hausdorfer stated opposition due to the potential
for an inappropriate, long-term commercial use at the site.
RESOLUTION NO. 81-4-21-2, AP
USE PERMIT 81-2 (GIDDINGS) -
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 81-2,
FOR A SMALL-SCALE PRODUCE STAND
The Resolution was adopted by the following vote:
AYES: Councilmen Friess, Buchheim,
and Mayor Schwartze
NOES: Councilman Hausdorfer
ABSENT: Councilman Bland
Condition 6. It was moved by Councilman Buchheim and
seconded by Councilman Friess that Condition
6 read as follows: There shall be a maximum
allowable sign area of 75 square feet, with
final approval by the Director of Community
Planning and Development. The motion carried
with Councilman Hausdorfer opposed and
Councilman Bland absent.
3. EMERGENCY NOTIFICATION SYSTEM - PUBLIC ALERT SIREN
INSTALLATION
(89) Proposal:
Approval of a third site location for the emergency notifica-
tion system and installation of public alert siren, pursuant
to Federal requirements for the San Onofre Nuclear Generating
Station. Two siren locations were approved on April 7,
1981.
Written Communication:
Report dated April 21, 1981, from the Director of Public
Works.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Hearing; and, there being no response, the Hearing
was closed.
Approval:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the location of
Siren #24 at Calle Miramar opposite Paseo del Este, as the
site for the installation of platform -mounted public notifica-
tion equipment. The Director of Public Works was authorized
to execute the necessary documents on behalf of the City.
ORDINANCES
1. AMENDMENT TO TITLE 9, ADDITION OF SECTION 9-
(55) Written Communication:
Report dated April 21, 1981, from the City Clerk advising
that the Ordinance was regularly introduced at the Council
meeting of April 7, 1981, and is scheduled for adoption.
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Adoption of Ordinance:
The City Attorney read
order. Further reading
earlier in the meeting.
seconded by Councilman
Ordinance be adopted:
the title of the Ordinance next in
of all Ordinances had been waived
It was moved by Councilman Buchheim,
Hausdorfer that the following
ORDINANCE NO. 421, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - PRE-EXISTING PRODUCE STAND -S-- AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, SECTION 9-3.622,
OF THE MUNICIPAL CODE RELATING TO PRE-EXISTING
PRODUCE STANDS
The motion was carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
l3�Y�l�1JIM[i]�by
1. NOTICE OF INTENT TO VACATE VIA ANDORRA (HIDDEN MOUNTAIN
VENTURE, LTD.) TRACT 9786
(85) Written Communication:
(91) Report dated April 21, 1981, (originally submitted April 7)
requesting adoption of a Resolution declaring intent to
vacate the Via Andorra public right-of-way between Via del
Cerro and Tract 9786. Removal of the street section will
lessen street maintenance and service responsibilities.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Council-
man Buchheim that the following Resolution be adopted:
RESOLUTION NO. 81-4-21-3, INTENT TO VACATE VIA
ANDORRA - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
ITS INTENTION TO VACATE VIA ANDORRA
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
The Resolution sets a Public Hearing on the proposed street
vacation for May 19, 1981, at 7:00 P.M. in the City Council
Chamber.
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT FOR FISCAL IMPACT MODEL UPDATE (ULTRASYSTEMS)
(38) Written Communications:
(1) Report dated April 21, 1981, from the Director of
Community Planning and Development recommending that
the Fiscal Impact Model developed in 1978 be updated.
(2) Letter from Mr. John G. Rau, Director, Energy Systems,
Economics and Environmental Department, P. O. Box 19605,
Irvine, 92715, submitting a revised report.
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Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried to approve the Agreement
for Consultant services with Ultrasystems, Inc., for update
of Fiscal Impact Model in an amount not to exceed $5,500,
and to authorize the Mayor and City Clerk to execute the
Agreement on behalf of the City. The update is to include:
(1) Preparation of a revised methodology report;
(2) Conversion of the model program from batch processing
(punch cards) to a disk memory;
(3) Update and document of the fiscal impact analysis of
the City's Growth Management Plan.
CONSENT CALENDAR
It was moved by Councilman Buchheim, 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 Friess, Buchheim, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
1. APPROVAL OF WARRANTS
(41) The List of Demands dated April 21, 1981, Warrants Register
No. 81-102 in the total amount of $595,318.18, was approved
as submitted.
2. APPROVAL OF CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of March 31,
1981, in the total amount of $9,409,410.62, was approved as
submitted.
3. APPROVAL OF CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES
(71) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of March 31, 1981, in the total amount of $448.80, was
approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Report of Fund Cash Balances as of
March 31, 1981, with the total amount of investments of
$9,409,410.62, was approved as submitted.
5. REPORT OF EQUESTRIAN COMMISSION MEETING OF MARCH 23 AND
APRIL 13, 1981
(23) The report dated April 21, 1981, from the secretary of the
Equestrian Commission regarding actions taken by the Eques-
trian Commission at the regular meetings of March 23 and
April 19, 1981, was ordered received and filed.
6. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETIES -
1.12,111
(38) Written Communication
(85) Report dated April 21, 1981, from the Director of Public
Works, advising that public improvements for Tract 10593
have been completed and accepted to the satisfaction of the
City Inspector.
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Acceptance of Work:
The following Resolution was adopted:
RESOLUTION 81-4-21-4, COMPLETION OF PUBLIC IMPROVEMENTS
TRArlp 1 (1S9"2 (PRAT? RRANn T AnmrT4 /PRDDRR TRRR nRmn) - A
RESOLUTIUN 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 10593 (BEAR BRAND RANCH/
PEPPER TREE BEND)
The Resolution accepts the public improvements and directs
the City Clerk to forward the Notice of Completion to the
County Recorder within 10 days. Performance Bond extended
to April 21, 1982; labor and materials bond to be released
35 days after recording Notice of Completion.
7. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT -
IMPROVEMENT TO DEL OBISPO STREET (KILBRIDE CONSTRUCTION)
(38) Written Communication
(83) Report dated April 21, 1981, from the Director of Public
Works advising that street improvements to Del Obispo Street
are complete and ready for acceptance.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 81-4-21-5, COMPLETION OF IMPROVEMENTS -
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 CONSTRUCTION OF IMPROVEMENTS TO DEL OBISPO STREET,
133 + 00 TO 134 + 50
The Resolution accepts the project as
the City Clerk to forward the Notice
County Recorder within 10 days.
Payment status is as follows:
Total project cost:
Less loo retention:
Total due:
Previous payment:
Amount Due
complete and directs
of Completion to the
$13,474.00
1,347.40
12,126.60
-0-
$12,126.60
The 10% retention is payable 35 days after recordation of
the Notice of Completion; staff is authorized to make the
payments as indicated.
8. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETIES
TRACT 9299, AGUACATE ROAD (RANCHO SAN JUAN ESTATES)
(38) Written Communications:
(85) Report dated April 21, 1981, from the Director of Public
Works advising the completion of public improvements and
acceptance to the satisfaction of the City Inspector.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 81-4-21-6, COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 9299 (RANCHO SAN JUAN ESTATES) -
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 9299
(RANCHO SAN JUAN ESTATES)
The Resolution accepts the Public Improvements from Tract
9299, and directs the City Clerk to forward the Notice of
Completion to the County Recorder within 10 days.
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9. RESOLUTION ESTABLISHING "NO PARKING" ZONES -
ORTEGA PROPERTIES, ASSESSMENT DISTRICT 78-3
(64) Written Communication:
(95) Report dated April 21, 1981, from the Director of Public
(74) Works requesting the establishing of "no parking" zones on
the following streets: Ortega Highway, La Novia Avenue,
Calle Arroyo, and Rancho Viejo Road.
Adoption of Resolution:
The following Resolution was adopted:
RESOLUTION NO. 81-4-21-7, ESTABLISHING "NO PARKING"
ZONES - ORTEGA PROPERTIES (ASSESSMENT DISTRICTS 78-3) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING"
ZONES ON ORTEGA HIGHWAY, LA NOVIA AVENUE, CALLE ARROYO
AND RANCHO VIEJO ROAD (ORTEGA PROPERTIES, A.D. 78-3)
10. APPROVAL OF CHANGE ORDER NO. 3 - AHFP 1022, CAMINO DEL
AVION IMPROVEMENTS (GRIFFITH COMPANY)
(38) Change Order No. 3 was approved at $29,840.88 for extra work
(83) performed due to unstable soil conditions as set forth in
the report dated April 21, 1981, from the Director of Public
Works.
11. RELEASE OF GRADING BOND - TIERRA DEL CABALLO, TRACT 9204,
AVENIDA SIEGA (ERICKSON ENTERPRISES)
(38) As set forth in the report dated April 21, 1981, from the
(49) Director of Public Works, release of the following
(85) grading bond was authorized, due to satisfactory completion
of the work:
Bond No. 8SM-173318, held by American Motorists
Insurance Company, in the amount of $20,200.00.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT - INDUSTRIAL DEVELOPMENT, CAMINO CAPISTRANO
(BATHGATE PROPERTY)
Consideration of this item was continued to May 5, 1981.
2. REQUEST FOR PROPOSAL - STONEHILL ROAD ENVIRONMENTAL IMPACT
REPORT
(44) Written Communication:
(68) Report dated April 21, 1981, from the Director of Community
Planning and Development forwarding a proposed agreement for
preparation of an Environmental Impact Report regarding the
impacts of three alternative alignments for the proposed
four -lane extension of Stonehill Drive bridging San Juan
Creek and the railroad tracks and connecting to the I-5
Freeway.
Approval:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to approve the Request for
Proposal for preparation of an EIR for Stonehill Drive
extension from Del Obispo Street to Camino Capistrano.
(69) Council concurred with Mayor Schwartze that it be a matter
of Council policy with such major projects that proposals be
returned to Council for review.
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3. APPEAL OF PLANNING COMMISSION DECISION - AMENDMENT TO
A.C. 79-19, EQUESTRIAN CENTER, ORTEGA PLANNED COMMUNITY
(ORTEGA PROPERTIES)
(23) Written Communication:
(68) (1) Report dated April 21, 1981, from the Director of
(95) Community Planning and Development, requesting approval
of modifications to the building materials for the
equestrian barns to allow modular construction with a
metal, simulated wood finish rather than the previously -
approved wood structure.
(2) Letter dated March 27, 1981, from Jon Pugh, Ortega
Properties, 1 Brookhollow Drive, Santa Ana, 92705,
appealing the March 10, 1981, denial by the Planning —
Commission of his request for modification of building
material plans for the Ortega Properties Equestrian
Center.
Discussion:
Ilse Byrnes, Chairman of the Equestrian Commission, addressed
the Council in support of wood construction for aesthetic
reasons and presented photographs of various stable facilities.
Jon Pugh, appellant, supported the staff recommendations
based on maintenance, safety and flood plain considerations
and stated the appearance would be enhanced.
Harrison Negley, 31531 Camino Capistrano, former member of
the Architectural Board of Review, stated that the question
before the Board was a request for permission to construct
wood stables rather than Spanish style tile and plaster.
Councilman Friess stated that aesthetic impacts would result
from the proposed metal roofing, but that modular siding
would be acceptable.
Conditional Approval of Appeal:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the concept of modular construction be approved
as proposed by staff with the condition that specific build-
ing materials be returned for future approval and review of
roof design.
The motion was carried by the following vote:
AYES: Councilmen Friess, Buchheim
and Mayor Schwartze
NOES: Councilman Hausdorfer
ABSENT: Councilman Bland
DIRECTOR OF PUBLIC WORKS
1. STATUS REPORT - SAN JUAN HILLS EAST GROUND WATER INTRUSION
AND PRIVATE IMPROVEMENT MAINTENANCE (WILSHIRE DIVERSIFIED)
(85) Written Communication:
Report dated April 21, 1981, from the Director of Public
Works advising that plans submitted for a system of under-
ground drains are being reviewed and that the performance
bonds for private improvements in San Juan Hills East shall
not be released until the ground water problem is resolved.
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to order the report
received and filed.
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2. STATUS REPORT - CAMINO DEL AVION STORM DRAIN, PHASE III
(80) Written Communication:
Report dated April 21, 1981, from the Director of Public
Works informing Council of negotiations for the required
right-of-way easements.
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried that staff be directed to
continue negotiations for acquisition of right-of-way ease-
ments with Shig Kinoshita and Charles Vermeulen and that a
meeting be held with Councilman Hausdorfer, the City Manager,
the Director of Public Works, and the property owners.
3. PROPOSED CONCEPT DEVELOPMENT CHANGE, TRACT 9784, CAMINO
LAS RAMBLAS (MORELAND DEVELOPMENT)
(85) Written Communications:
(1) Report dated April 21, 1981, from the Director of
Public Works, requesting initiation of necessary street
vacation procedures to establish the proposed private
streets within Tract 9784.
(2) Letters dated March 25, and April 14, 1981, from
John D. Murphy, Assistant Region Manager, Moreland
Development Company, 1717 State College Boulevard,
Suite 280, requesting a re -designation of public
streets to private streets and construction of two
private entrance and exit gates as changes to the
development concept plan. Camino Las Ramblas and
Avenida Pescador are to remain as public streets.
Approval of Request:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried to authorize staff to
initiate vacation procedures for the proposed private
streets within Tract 9784.
Councilman Hausdorfer requested staff review of more restrict-
ed hours of operation for construction than 7:00 A.M. to
sundown, especially in consideration of Daylight Saving
Time. Council concurred that the matter be scheduled for
the May 5 agenda.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF APRIL 14. 1981
(67) The report dated April 21, 1981, regarding actions taken by
the Planning Commission at their meeting of April 14, 1981,
was ordered received and filed.
MEREDITH CANYON SLOPE DISTRICT
1. APPROVAL OF BY-LAWS
(74) The two reports from the Director of Public Works addressing
approval of District By -Laws and a request for transfer of
funds to the District were held over for consideration at
the May 5th Council Meeting, as requested by the President
of the Meredith Canyon Community Association.
COUNCIL ACTIONS
1. APPOINTMENT TO THE ARCHITECTURAL BOARD OF REVIEW
(23) The report dated April 21, 1981, from the Administrative
Assistant to the City Manager was ordered received and
filed. Council concurred that appointment is to be con-
sidered during the annual review of Commission and Board
memberships, with the possibility of reconstituting the
Architectural Board of Review.
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2. APPOINTMENT TO THE ORANGE COUNTY HOUSING AUTHORITY
ADVISORY COMMITTEE
(56) The report dated April 21, 1981, from the Administrative
Assistant to the City Manager was ordered received and
filed. It was moved by Councilman Buchheim, seconded by
Councilman Hausdorfer and unanimously carried that Mayor
Schwartze be authorized to appoint a delegate to the Orange
County Housing Authority Advisory Committee upon receipt and
review of applications.
COUNCIL COMMENTS
1. PARKING ENFORCEMENT - ORTEGA HIGHWAY
(64) Councilman Friess requested parking enforcement on Ortega
(44) Highway at Ganado Road. The City Engineer is to determine
who is the property owner.
2. ORTEGA PROPERTIES BICYCLE TRAIL
(62) Councilman Friess noted that maintenance problems may arise
on Ortega Properties Bike Trail with asphalt pedestrian/bike
trail installation.
3. SAN JUAN CREEK FISHING AREAS
(62) Councilman Friess suggested damming portions of San Juan
Creek to provide fishing areas stocked by the State Department
of Fish and Game. Council concurred that the matter be
referred to the Parks and Recreation Commission for a report.
4. LETTER OF APPRECIATION
(36) Councilman Hausdorfer suggested a letter of appreciation be
forwarded to Congressman Badham from the City Council for
his participation in an air review of the South County for
possible airport sites.
5. TRUCK TRAFFIC - AVENIDA SIEGA
(87) Councilman Buchheim cited problems with truck traffic at
Avenida Siega and requested staff review.
6. 1984 EQUESTRIAN OLYMPIC EVENTS
(23) Mayor Schwartze, with the concurrence of Council, approved
mailing of a letter from the Equestrian Commission to the
Executive Director, Sports Federation Commission, supporting
Aliso Viejo as the site of the 1984 Olympic Equestrian
events.
Mayor Schwartze also requested that a Resolution be prepared
supporting the holding of the 1984 Equestrian Olympics in
Orange County.
7. EQUESTRIAN TRAIL - ORTEGA HIGHWAY (GIDDINGS)
(62) Council concurred that installation of an equestrian trail
in the Ortega Highway right-of-way fronting the Giddings
property be referred to the Equestrian Commission.
8. INTERIM MAYOR AND PRO TEMPORE APPOINTMENTS
(32) Council concurred that appointments are to be made due to
anticipated absences from the City from June 14 to 29, 1981,
of Mayor Schwartze and Mayor pro tem Buchheim.
CLOSED SESSION
The Council recessed to Closed Session at 8:50 P.M. for the
discussion of legal matters, the City Clerk being excused
therefrom, and reconvened at 10:30 P.M.
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241
COUNCIL ACTIONS
1. CITY VS. COLINAS DE CAPISTRANO/SHEA HOMES -
SETTLEMENT AGREEMENT
(35) It was moved by Councilman Hausdorfer, seconded by
(38) Councilman Friess and unanimously carried that the Mayor and
City Clerk be authorized to execute the revised settlement
Agreement between the City and Colinas de Capistrano.
2. CONSULTANT SERVICES - AGRICULTURAL PRESERVATION
(68) It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve the agreement
between the City and Dr. James Thorpe for consultant services
for Agriculture Preservation.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:45 P.M. to the next regular meeting date of
Tuesday, May 5, 1981, at 7:00 P.M., in the City Council Chamber.
Respectfully submitted,
MARY ANN PNOVER, CITY CLERK
ATTEST:
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