81-0505_CC_Minutes_Regular Meeting243
May 5, 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
7:02 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman
Gary L. Hausdorfer.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
ABSENT: Lawrence F. Buchheim, Mayor pro tem
STAFF PRESENT: 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 April 21, 1981
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess that the Minutes of the Regular Meeting of April 21, 1981,
be approved as submitted, and to accept the memorandum dated
April 29, 1981, from the City Clerk. The motion carried by the
following vote:
AYES: Councilmen Friess, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
ABSTAIN: Councilman Bland
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION OF GAVEL TO OUT -GOING MAYOR
(32) Mayor Schwartze presented a City Seal Plaque and Gavel to
out -going Mayor Gary Hausdorfer in recognition of his term
as Mayor from April 15, 1980, to April 10, 1981.
2. PROCLAMATION - MISS SAN JUAN CAPISTRANO WEEK
(29) Mayor Schwartze read the Proclamation in full, which
(71) designated May 3 through May 9, 1981, as Miss San Juan
Capistrano Week. Rosa Hribar, Committee Chairman, outlined
the May 9th event, and the ten contestants introduced them-
selves to Council and the audience. The proclamation was
presented to Mrs. Hribar.
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3. PROCLAMATION - HISTORIC PRESERVATION WEEK
(71) Mayor Schwartze read the Proclamation in full, which
designates May 10 through May 16, 1981, as National Historic
Preservation Week.
4. PROCLAMATION - COMMUNITY COLLEGE WEEK
(71) Mayor Schwartze proclaimed the week of May 10 through
May 16, 1981, as Community College Week.
5. PROCLAMATION - MUNICIPAL CLERK'S WEEK
(71) Mayor Schwartze read the Proclamation in full, which
(31) designated May 10 through May 16, 1981, as Municipal Clerk's
Week and presented the Proclamation to the City Clerk;
Council commended Mrs. Hanover for her efforts on behalf of
the City.
6. COMMENDATION - DR. ERVIN WATKINS - MOBILE HOME PARK REVIEW
COMMITTEE MEMBER
(23) Mayor Schwartze read the Certificate of Commendation
(36) prepared in recognition of Dr. Watkins' service to the
community from March 7, 1979, to April 21, 1981. Council
concurred in accepting Dr. Watkins' resignation.
ORAL COMMUNICATIONS
1. RANCHO DEL AVION MOBILE HOME PARK - PETITION REGARDING
RENT INCREASES
(23) Mal Wagstaff, 32742 Alipaz Street, Space 75, President,
(72) Rancho del Avion Residents Association, presented a petition
signed by approximately 159 families requesting City review
of rent increases effective July 1, 1981, in apparent vio-
lation of Ordinance No. 412.
Mayor Schwartze advised that the matter would be scheduled
for the meeting of May 19, 1981.
2. COMMISSION REPRESENTATION
(23) Pauline Leonard advised that she was present to answer any
questions, as a member of the Parks and Recreation Commission.
3. PROPOSED HONDA DEALERSHIP (SLEMONS)
(68) Thomas O'Keefe, 35531 Camino Capistrano, San Clemente,
attorney representing the proposed Jim Slemons Honda Dealer-
ship, presented lists of meetings held and materials pre-
pared for submittal to the Architectural Board of Review in
conjunction with the proposed development of an auto dealer-
ship on Camino Capistrano. Mr. O'Keefe requested that the
Architectural Board of Review be directed to expedite review
of the project.
Council members advised that staff had recommended approval
of the project and that the applicant had the option of
requesting review by the Planning Commission following two
work sessions with the Architectural Board of Review.
WRITTEN COMMUNICATIONS
1. REOUEST FOR WAIVER OF FEES (CLENDENIN)
(76) Letter dated April 16, 1981, from James and Linda Clendenin,
33911 Chula Vista, Dana Point, 92629, requesting waiver of
development fees in conjunction with the proposed construction
of a single family residence at 31701 Alipaz Street.
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With Council concurrence, Mayor Schwartze referred the
request to the Director of Public Works; a report is to be
submitted for Council consideration at the meeting of
May 19, 1981.
PUBLIC HEARINGS
1. APPROVAL OF SPECIFIC PLAN 81-1, PEPPERTREE BEND, TRACT 10593
(85) Proposal:
A request for approval of a Specific Plan, pursuant to
Section 65450 of the Government Code, to allow variable
side -yard setbacks. The proposed plan would allow a minimum
15 -foot side -yard setback on one side of the lots with com-
bined side -yard setbacks of 40 feet. In addition, Lots 1-9,
12-16, 21-26, and 38 would allow minimum 15 -foot setbacks
for both side yards. The project is located at the west
City limits.
Applicant:
Bear Brand Ranch Company, 259 Newport Center Drive, Newport
Beach 92660.
Written Communications:
Report dated May 5, 1981, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission on April 14, 1981.
The Director of Community Planning and Development advised
that the EL (Large Estate) Zoning would remain in effect,
while allowing setback variations.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing; and, the following persons
responded:
(1) Larry Tucker, representing the applicant, stated his
support for the Specific Plan in that flexibility would
be provided to suit the topography.
(2) Walter Wood, 25801 Paseo de la Paz, spoke in opposition
to the proposal and stated that the Hillside Guidelines
would be compromised and that there should be no
exceptions to the present zoning.
There being no further response, the Hearing was closed.
Approval of Proposal:
It was moved by Councilman Hausdorfer, seconded by Council-
man Friess that the following Resolution be adopted:
RESOLUTION NO. 81-5-5-1. SPECIFIC PLAN 81-
krn znlnr,r, DGLNU) - H nzouV ulIVLN Vr Unn L-11
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING SPECIFIC PLAN 81-1
(PEPPERTREE BEND)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
This item was taken out of order on the Agenda at the request of
the applicant.
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1. APPEAL OF PLANNING COMMISSION DECISION - A.C. 81-5, PHASE II
REVIEW, LOCATED IN PLANNING SECTOR D-2, ADJACENT TO LA NOVIA
AVENUE - ORTEGA PLANNED COMMUNITY (ITOP SCHOOL)
(68) Proposal:
Appeal of the Planning Commission decision of March 24,
1981. The Commission approved the Area Plan for Sector D-2,
but deleted references to temporary structures and denied
Architectural Control 81-5, a request by the ITOP School to
locate temporary units along La Novia Avenue.
Appellant:
The ITOP Center for Learning, 23133 Orange Avenue, E1 Toro
92630.
Exhibits were on display, and the Director of Community
Planning and Development advised that the request is similar
to the approved Area Plan for the nearby St. Margaret's
School.
The following persons addressed the Council in support of
the project:
(1) James J. Kline, ITOP Business Manager.
(2) Sister Paula Jane Tupa, ITOP Director.
Written Communications:
(1) A report dated May 5, 1981, from the Acting Director of
Community Planning and Development submitting staff
findings.
(2) Letter dated March 24, 1981, from James J. Kline,
Business Manager, ITOP Center for Learning, requesting
approval of the temporary buildings.
Approval of Area Plan, Planning Sector D-2:
It was moved by Councilman Hausdorfer, seconded by Council-
man Friess and unanimously carried to approve the Area Plan
for Planning Sector D-2 as indicated by Attachments A-1 and
A-2 in the Planning Commission staff report dated March 24,
1981, subject to the following conditions:
(1) Architectural Theme:
(a) Temporary facilities may be permitted subject to
architectural review.
(b) The architectural theme for Planning Sector D-2
permanent structures should incorporate a design
consistent with the intent of early California
Spanish heritage. Contemporary designs incorpor-
ating Mission tile and stucco finishes will not be
acceptable. Building designs should incorporate
the use of vertical and horizontal details consist-
ent in scale. Integration of building materials
and traditional design details should be carefully
used to create an architectural statement reflect-
ive of the early California Spanish heritage.
(2) The parking lot to serve the temporary building shall
have no more than three light standards with a maximum
height not exceeding 8 feet.
(3) The temporary structures shall be permitted for a
period consistent with that approved for Planning
Sector D-3, i.e., two years with provision for a one-
year extension.
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Approval of Architectural Control 81-5:
It was moved by Councilman Hausdorfer, seconded by Council-
man Friess that the following Resolution be adopted:
RESOLUTION NO. 81-5-5-2, ARCHITECTURAL CONTROL 81-5
(ITOP SCHOOL) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING ARCHITECTURAL CONTROL 81-5
(ITOP SCHOOL)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
ORDINANCES
1. ORDINANCE NO. 422 - AMENDMENTS TO TITLE 8 AND TITLE 9
OF THE MUNICIPAL CODE - HOURS OF CONSTRUCTION OPERATIONS
(URGENCY)
(25) Written Communications:
(55) Report dated May 5, 1981, from the Director of Public Works
submitting amendments to Title 8 and Title 9 of the Municipal
Code regarding hours of construction and grading operations
which are currently limited to the hours of 7:00 A.M. to
6:00 P.M. Mondays through Saturdays with prohibitions on
Sundays and Federal holidays.
Council concurred that Saturday construction and grading
operations be limited to the hours of 8:30 A.M. to 4:30 P.M.
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 Hausdorfer that the following ordinance
be adopted:
ORDINANCE NO. 422, AMENDMENT TO TITLE 8 AND
TITLE 9 OF THE MUNICIPAL CODE - HOURS OF
CONSTRUCTION OPERATIONS (URGENCY) - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 8, SECTION 8-5.11, AND TITLE 9,
SECTION 9-3.615 OF THE MUNICIPAL CODE, TO
REGULATE HOURS OF CONSTRUCTION OPERATIONS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
As an urgency matter, the Ordinance takes effect immediately
due to the large amount of construction, grading and building
activity currently underway in the City; noise, dust, and
other undesirable elements associated with such activity
require more restrictive immediate controls.
Council directed that construction and grading companies
receive copies of the Ordinance.
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2. ORDINANCE NO. 423 - AMENDMENTS TO TITLE 2 OF THE MUNICIPAL
CODE, MOBILE HOME PARK REVIEW COMMITTEE (URGENCY)
(23) Written Communications:
(55) (1) Report dated May 5, 1981, from the City Attorney forward-
ing proposed revisions to Ordinance No. 412 pertaining
to computation of rent increases and the filling of
vacancies on the Mobile Home Park Review Committee.
(2) Report dated May 5, 1981, from Councilman Friess provid-
ing formulas for setting ceilings on space rental
increases, as prepared by the ad hoc committee.
Councilman Friess requested that staff evaluate the factors
in Formula #2 dealing with the CPI, ascertain whether the -
figures used are current, and identify whether there are
other factors that should be included, with the report to be
submitted at the meeting of May 19, 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 Friess,
seconded by Councilman Bland that the following ordinance be
adopted with the following amendments:
(1) Section 2-2.902 (g), "Maximum Allowable Percentage," is
deleted from the proposed Ordinance pending receipt of
the staff report on May 19, 1981.
(2) Section 2-2.904 (b), Membership, is amended to provide
that a quorum shall consist of three (3) members.
ORDINANCE NO. 423, 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, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
RESOLUTIONS
1. SUPPORTING THE 1984 EQUESTRIAN OLYMPICS AND THREE-DAY EVENT
(23) Written Communications:
Report dated May 5, 1981, from the City Clerk submitting a
Resolution supporting the designation of the Aliso Viejo
Open Space Area as the site of the Equestrian Three -Day
Event in conjunction with the 1984 Olympic Games.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Council-
man Bland that the following Resolution be adopted:
RESOLUTION NO. 81-5-5-3, SUPPORTING 1984 EQUESTRIAN
OLYMPICS - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING
THE 1984 EQUESTRIAN OLYMPICS AND THE DESIGNATION OF
THE ALISO VIEJO AREA OF ORANGE COUNTY AS THE LOCATION
FOR THE THREE-DAY EVENT
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The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
Copies of the Resolution are to be forwarded to the 1984
Olympics Organizing Committee, the Orange County Board of
Supervisors, and the Orange County Horsemen's Association.
BIDS, CONTRACTS, AGREEMENTS
1. RENEWAL OF ANIMAL CONTROL SERVICES CONTRACT
(COUNTY OF ORANGE)
(38) Written Communications:
(57) (1) Report dated May 5, 1981, from Pamela Hallan, Administra-
tive Assistant.
(2) Letter dated March 20, 1981, from Willima J. Strachan,
Administrative Services Assistant, Orange County Human
Services Agency, 515 North Sycamore, Santa Ana 92701,
regarding contract extension for veterinary public
health services.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Council-
man Friess and unanimously carried that the Agreement with
the County of Orange for Animal Control Services be extended
commencing on July 1, 1981, and continuing until terminated
or modified by either party. The Mayor and City Clerk were
authorized to execute the agreement on behalf of the City.
2. AWARD OF CONTRACT - CONSTRUCTION OF VEHICLE STORAGE
BUILDING AND MODIFICATIONS TO EXISTING VEHICLE BUILDING
(38) Written Communications:
(74) Report dated May 5, 1981, from the Director of Public Works,
and Supplemental Report dated May 5th forwarding the results
of bids received for construction of new vehicle storage
facilities and modifications to existing storage area and
buildings. The plans and specifications were approved on
April 7, 1981.
Award of Contract:
It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried to award the contract for the
construction of the storage shed addition and modification
to the low bidder, Roland Olsen, General Contractor, of San
Juan Capistrano, in the amount of $129,990.00, and to reject
all other bids received.
The Mayor and the City Clerk were authorized to execute the
contract on behalf of the City.
3. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
CALL FOR BIDS - CAMINO DEL AVION STORM DRAIN, PHASE III
(80) Written Communications:
(68) Report dated May 1, 1981, from the Director of Public Works
requesting authorization to call for bids for the Camino del
Avion Storm Drain, Phase III, from Camino del Avion north
along the boundary of Marco Forster School, with an additional
length along Del Obispo Street, to reduce the risk of flood
damage to adjacent agricultural preserve properties.
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Approval:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to approve the plans and
specifications and authorize advertising and call for bids;
and, to authorize transfer of funds from the Agricultural
Preservation Fund to the L01 Drainage Fund in an approximate
amount of $600,000.
4. APPROVAL OF AGREEMENTS FOR ACQUISITION OF STORM DRAIN
RIGHT-OF-WAY (KINOSHITA AND VERMEULEN)
(80) It was moved by Councilman Friess, seconded by Council -
(68) man Hausdorfer and unanimously carried to approve Agreements
with Shigeru Kinoshita and Charles Vermeulen for acquisition
of storm drain right-of-way, and to authorize the Mayor and
City Clerk to execute the Agreements on behalf of the City.
CONSENT CALENDAR
It was moved by Councilman Bland, 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, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
1. APPROVAL OF WARRANTS
(41) The List of Demands dated May 5, 1981, Warrant Register
81-111, in the total amount of $710,164.12 was approved as
submitted.
2. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF
APRIL 28, 1981
(23) The report dated May 5, 1981, from the Acting Secretary of
the Cultural Heritage Commission, regarding actions taken at
the meeting of April 28, 1981, was ordered received and
filed.
3. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF APRIL 27, 1981
(23) The report dated May 5, 1981, from the Equestrian Commission
Secretary regarding actions taken by the Equestrian Commission
at their meeting of April 27, 1981, was ordered received and
filed.
4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS
OF APRIL 8, 1981, AND APRIL 22, 1981
(23) The report dated May 5, 1981, from the Acting Secretary of
the Traffic and Transportation Commission regarding the
actions taken at their meetings of April 8 and April 22,
1981, was ordered received and filed.
5. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT -
TRAIL AT ARROYO PARK
(38) Written Communications:
(62) Report dated May 5, 1981, from the Director of Public
Works stating that the equestrian fencing through the Arroyo
Park (SDG&E) had been completed to the satisfaction of the
City Engineer in the total amount of $13,901.
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Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 81-5-5-4, COMPLETION OF EQUESTRIAN/
HIKING TRAIL AT SDG&E RIGHT-OF-WAY PARK SITE (ARROYO
PARK) - 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 EQUESTRIAN/HIKING TRAIL AT SDG&E
RIGHT-OF-WAY PARK SITE (ARROYO PARK)
The Resolution accepts the project and directs the City
Clerk to forward the Notice of Completion to the County
Recorder within 10 days.
6. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT -
CHANNEL REPAIR AT SAN JUAN CREEK TIGHT SPOT, INC.)
(38) Written Communications:
(80) Report dated May 5, 1981, from the Director of Public Works
stating the completion of installation of rip -rap in the La
Novia Channel (LO1SO9) between San Juan Creek and San Juan
Creek Road.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 81-5-5-5, COMPLETION OF CHANNEL
REPAIR AT SAN JUAN CREEK TO SAN JUAN CREEK ROAD
L01SO9 - 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 CHANNEL REPAIR AT SAN JUAN
CREEK TO SAN JUAN CREEK ROAD - L01SO9
The Resolution accepts the project as complete and directs
the City Clerk to forward the Notice of Completion to the
County Recorder within 10 days.
Payment status is as follows:
Total project cost: $4,474.74
Less 10% retention: 447.47
Total due: 4,027.27
Previous payments: -0-
Amount Due this Payment $4,027.27
The 10% retention is payable 35 days after recordation of
the Notice of Completion; staff is authorized to make the
payments as indicated.
7. RELEASE OF CERTIFICATES OF USE AND OCCUPANCY - TRACT 10283
VIA CALIFORNIA (LANDOLF)
(25) Staff was authorized to release the Certificates of Use and
Occupancy for Tract 10283, as set forth in the report dated
May 5, 1981, from the Director of Public Works.
8. ACCEPTANCE OF EQUESTRIAN EASEMENT, TRACT 6381,
LOT NOS. 40, 41, AND 42 (FREDRICKS)
(23) The equestrian easement across lots 40, 41, and 42 in
(73) Tract 6381 was accepted, as set forth in the report dated
(85) May 5, 1981, from the Director of Public Works.
9. ACCEPTANCE OF EASEMENT FOR STORM DRAIN PURPOSES -
CAMINO DEL AVION STORM DRAIN, PHASE III (CUSD)
(73) The easement for Phase III of the Camino Del Avion Storm
(80) Drain, from the Capistrano Unified School District, was
accepted, as set forth in the report dated May 5, 1981, from
the Director of Public Works.
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ADMINISTRATIVE ITEMS
DIRECTOR OF PUBLIC WORKS
1. ACCEPTANCE OF STREET RIGHT-OF-WAY, ASSESSMENT DISTRICT 78-3,
ORTEGA PROPERTIES (GOYA)
(73) Written Communications:
(74) Report dated May 5, 1981, from the Director of Public Works
requesting acceptance of a street right-of-way deed within
the area of Assessment District 78-3.
Acceptance of Deed:
It was moved by Councilman Hausdorfer, seconded by Council-
man Bland and unanimously carried to accept the street _
right-of-way deed from the Goya family for Paseo Espada.
Staff was authorized to make payment in the amount of
$12,350.
2. REVIEW OF SAN JUAN CREEK STABILIZATION - SAN JUAN HILLS
GOLF COURSE (GLENDALE FEDERAL)
(80) Written Communications:
Report dated May 5, 1981, from the Director of Public Works
regarding plans for erosion control for the creek area of
the San Juan Hills Golf Course proposed by the owners,
Glendale Federal Savings & Loan Association. The project
includes placement of rip -rap along the length of the golf
course with a soil cover layer.
Council discussed the length of time involved in the project
and possible detrimental impacts on surrounding residents
and church schools. Placement of construction warning signs
along La Novia Avenue was suggested, as well as a start-up
date after the June 12 School District summer recess. James
Cude, representing Glendale Federal, concurred and advised
that project approval by the Flood Control District and
Corps of Engineers is required prior to implementation. Mr.
Cude stated the project would meet City requirements although
opposition to conditions for asphalting and an equestrian
trail was noted.
Approval:
A motion was made by Councilman Friess, seconded by Council-
man Hausdorfer, and unanimously carried to approve the
concept of providing rip -rap up to intermediate levels of
flooding for the San Juan Hills Country Club Golf Course
subject to the following conditions:
(1) Owner to provide a $10,000 bond to insure street main-
tenance, clean up, and construction of 250 feet of
paved ingress and egress to the project.
(2) Construction and improvements shall conform to the
recommendations of the Corps of Engineers.
(3) The project shall not detrimentally change the flooding
impacts upon Ortega Properties in any manner.
3. DISASTER FUND LOAN REPAYMENT BUDGET EXTENS
(79) Written Communications:
Report dated May 5, 1981, from the Director of Public Works
forwarding the request of the SERRA Board of Directors for
approval of a one-year extension of the one million dollar
loan secured at 9-1/4% interest for repair of 1980 flood
damage.
Approval:
A motion was made by Councilman Bland, seconded by Council-
man Hausdorfer and unanimously carried to approve the request
by SERRA for a loan time extension from June 30, 1981, to
June 30, 1982, at the same amount and interest rate.
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TAX COLLECTOR AUCTION SALE NO. 1278 - SALE OF COUNTY
. 000-
253
(58) Written Communications:
(73) Report dated May 5, 1981, from the Director of Public Works
requesting approval of purchase of County -owned property
adjacent to existing public rights-of-way.
Approval:
A motion was made by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to approve the
purchase from the County of Orange of AP #666-092-05 and
AP #675-043-01 for a total of $100.00 and to request that
the County initiate the necessary actions for the sale of
land to the City. Terms of purchase provide that the City
will not offer the property for re -sale for ten years follow-
ing purchase and that within ten years of the purchase date,
the property will be devoted to the intended public purpose.
COMMISSIONS, BOARDS, COMMITTEES
AD HOC CABLE TV COMMITTEE
1. STATUS REPORT
(23) Mayor Schwartze provided Council Members with copies of the
(43) Technical Engineers report and copies of a notice regarding
expansion of services by the cable television franchisees
and advised that TM Communications and Storer Television
would be apprised of terms of their existing agreements.
PARKS AND RECREATION COMMISSION
1. MISSION BELL PARK - LOCATION OF PLAYGROUND
(62) Written Communications:
Report dated May 5, 1981, from the Director of Recreation
forwarding the recommendation made by the Parks and Rec-
reation Commission on April 20th that the playground
equipment remain in its present location.
The following persons addressed the Council:
(1) Larry Bamsey, 33212 Via Mayor, appealed the Commission
recommendation and requested that the playground
equipment either be relocated within the park or re-
moved and stated he would be willing to pay the cost of
such relocation.
(2) Jim Zarbock, 33192 Via Mayor, cited disturbance to the
neighborhood, concurred with Mr. Bamsey, and suggested
the equipment be relocated behind the homes of residents
who favor retention of the equipment.
(3) Pauline Leonard, Parks and Recreation Commissioner,
advised that the Commission has received a petition
requesting additional equipment in the area.
Conditional Approval of Equipment Location:
It was moved by Councilman Hausdorfer, seconded by Council-
man Bland and unanimously carried to approve the retention
of the playground equipment at its present site, with the
condition that Mr. Bamsey and Mr. Zarbock be allowed thirty
days to acquire written consent from other Mission Bell
homeowners for the relocation of the equipment behind their
residences and with the condition that the appellants agree
to finance the costs of equipment relocation.
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2. SAN JUAN CREEK PROPOSED FISHING AREAS
(62) Council concurred with Councilman Friess that the Parks
(80) and Recreation Commission provide a report for the May 19
Council meeting regarding the proposed damming of San Juan
Creek to provide fishing areas.
PLANNING COMMISSION
1. REPORT OF ACTIONS OF APRIL 28, 1981
(67) The report of actions taken by the Planning Commission at
their meeting of April 28, 1981, was ordered received and
filed.
COUNCIL REMARKS
1. PERSONNEL - COMMENDATION
(36) Councilman Friess commended the Public Works staff for their
expeditious removal of trash dumped in San Juan Creek.
2. PERSONNEL - MANAGEMENT NEGOTIATING TEAM
(66) There was concurrence of Council that Councilmen Friess and
Buchheim be appointed to serve as a Council committee for
the purpose of negotiating the 1981-82 Memorandum of Under-
standing with Management employees.
RECESS AND RECONVENE
Council recessed at 9:33 P.M. and reconvened at 9:50 P.M.
JOINT MEETING WITH PLANNING COMMISSION MEMBERS
(32) Council met with the five Members of the Planning
(67) Commission for the purpose of reviewing the status of the
Colinas de Capistrano and Glendale Federal developments. The
possibility of reconstituting the Architectural Board of
Review was discussed, and Mayor Schwartze requested that
Commission Members forward recommendations to the City
Council.
CLOSED SESSION
Council adjourned to Closed Session at 10:45 P.M. for discussion
of legal matters, the City Clerk being excused therefrom, and
reconvened at 11:10 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:10 P.M. to the next regular meeting date of
Tuesday, May 19, 1981, at 7:00 P.M., in the City Council Chamber.
ATTEST:
"01-04
PHILLIP . SCHWARTZE, MAYO
Respectfully submitted,
-12- 5/5/81