79-0815_CC_Minutes_Regular MeetingI
AUGUST 15, 1979
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Friess at
7:05 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverned Robert
Schwenck, Community Presbyterian Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
James F. Thorpe, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works/City Engineer;
Larry Lawrence, Acting Director of Community Planning and Development;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Adjourned Regular Meeting of July 23, 1979
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Adjourned Regular Meeting of
July 23, 1979, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Regular Meeting of August 1, 1979:
It was moved by Councilman Thorpe, seconded by Councilman Buchheim
that the Minutes of the Regular Meeting of August 1, 1979, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Thorpe, Buchheim and Mayor Friess
NOES: None
ABSTAIN: Councilmen Hausdorfer and Schwartze
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Thrope, seconded by Councilman
Hausdorfer that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
-1- 8/15/79
ORAL COMMUNICATIONS
1. REZONE 79-3, THE RANCH
(95) Diana Gardner, 30231 Silver Spur Road, addressed the Council
on behalf of Bill Gardner, Chairman, Ridgeline Preservation
Committee, to recommend: (1) that the units at the southwest
corner of helicopter hill be placed below the ridgeline with
dense trees planted behind the buildings; and, (2) that
development rights for all agriculture areas be dedicated to
the City.
2. REQUEST FOR SUPPORT, "ADIOS A LAS GOLONDRINAS" CELEBRATION
(HOLIDAY)
(76) The following written communications were received:
(29)
(1) Letter received August 10, 1979, from William
Holiday, 32742 Alipaz Street, Motivators Unlimited,
requesting support for a proposed "farewell to the
swallows" celebration October 19-21, 1979;
(2) Copy of letter dated August 14, 1979, addressed to
Mr. Holiday from Fred Jenner, President of the Chamber
of Commerce, citing terms for endorsement of the event,
as set forth by the Chamber Board of Directors, which
include guaranteed repayment of all funds, receipt of
a detailed budget, and receipt of 20% of the net profit.
Mr. Holiday addressed the Council to request conceptual support
of the event and City assistance with police, fire, maintenance,
and permit services, with funding held in abeyance at this
time. Mr. Jenner noted merchant concerns with large-scale
events and advised that any Chamber participation would be
low-key.
There was a consensus of Council that no action be taken at
this time; a specific, detailed proposal will be considered,
if presented by the Chamber of Commerce and Mr. Holiday.
3.
(38) George Bozzo, Attorney representing John Napoli, developer
(74) of the car wash on Camino Capistrano, requested a waiver of
the requirement to post off-site improvement bonds. The
Director of Public Works advised that letters of credit or
other financial sureties are accepted in lieu of bonding.
Council requested that Mr. Bozzo and Mr. Murphy discuss the
matter.
Subsequently, Council took the following action:
Approval of Agreement to Install Public Improvements:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to authorize the City Manager
to execute an agreement providing for the installation of
full improvements within a 6 -month period of time; the
applicant is to post financial surety for traffic -related
improvements in an amount to be established by the Director
of Public Works.
PUBLIC HEARINGS
1. CABLE TELEVISION SERVICE -
(43) This Public Hearing is continued from the meeting of
July 18, 1979.
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8/15/79
Written Communications:
Report dated August 15, 1979, from the Director of Administrative
Services setting forth the rate structures for both TM Communica-
tions and Storer Cable Television.
Public Hearing:
Notice having been given as required by law, Mayor Firess
opened the Public Hearing, and the following persons responded:
(1) Richard Young, representing TM Communications,
advised that he was present to answer any questions
and that problems had been resolved in the Village San
Juan area. Mr. Young further stated that service
complaints should be submitted directly to the company
office so that they may be responsive to problem areas.
(2) Charles Ward, 26432 Pepperwood Road, President of the
Village San Juan Homeowners Association, stated that
the company had made a cooperative effort to improve
services.
There being no further response, Mayor Friess declared the
Hearing closed.
Councilman Thorpe noted that the same rates should be
established in all parts of the City.
Approval of Rate Changes/Franchise Fee Increase/Expansion
of Franchise Basis of Payment:
It was moved by Councilman Hausdorfer and seconded by
Councilman Schwartze to approve the following:
(1) Rates for installation and service charges for
T.M. Communications are to coincide with the present
rates charged by Storer Cable Television, Inc., with
a residential service rate of $7.50 per month;
(2) The franchise fee payable by T.M. Communications is
increased to 3% to coincide with that of the Storer
franchise;
(3) The basis of payment for both franchises is expanded to
include revenue derived from all sources of income;
(4) Staff is directed to amend all applicable resolutions
and ordinances for Council consideration.
2. REVIEW OF
79-7 AND SITE PLAN A.C. 79-
(92) This item is continued from the Council meeting of July 18,
1979, for the purpose of receiving additional information on
the impacts of traffic on the San Juan Creek bridge.
Written Communications:
(1) Report dated August 15, 1979, from the Director of
Community Planning and Development forwarding traffic
impact data generated in the Environmental Impact Reports
of other proposed major projects in the City and a
proposed amendment to Condition 15 c. of the resolution
approving A.C. 79-7 with regard to elevations for the
proposed 2 -story building.
(2) Report dated August 14, 1979, from John Rau, Manager,
Ultrasystems, Inc., providing an evaluation of the
predicted fiscal impact of the proposed project for the
10 -year period 1979-1989.
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Public Hearing:
Notice of continuation having been given as required by law,
Mayor Friess opened the Public Hearing and the following
persons responded:
(1) John Collins, Collins/Diversified, 270 South
Bristol, Suite 201, Costa Mesa, requested approval
of the project.
There being no further response, Mayor Friess declared
the Hearing closed with the right to reopen at any time.
Acceptance of Environmental Impact Report:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to accept the focus environ-
mental impact report as adequate, with the determination that
such acceptance shall not be construed as concurrence with all
information in the document nor as approval or denial of the
project.
Councilman Thorpe noted that commentary in staff reports should
refer to specific pages in EIR's for ease of comparisons.
Approval of Architectural Control 79-7 and Zone Variance 79-7:
Mayor Friess encouraged the developer to pursue the possibility
of incorporating a dinner house in the project. Councilman
Thorpe indicated that the cumulative effect of increased traffic
on the bridge represents significant impacts which should be
mitigated prior to the project approval and commented that
the parking area is deficient. Mayor Friess noted Condition 6
for the project, which requires the developer to participate
in costs for installation of a traffic signal at Camino
Capistrano and San Juan Creek Road, as a mitigation measure.
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-8-15-1, A.C. 79-7 AND ZONE
rfr71"1R - A KroULU'1'1ULN Ur 'rnr, l.l.'rx UUULN1.1L Ur rna
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING: ARCHITECTURAL CONTROL 79-7 FOR A MASTER
PLAN OF A SHOPPING CENTER; AND ZONE VARIANCE 79-7
IN THE REAR YARD SETBACK FROM 25 FEET TO 10 FEET
Section 15.c, is amended to read as follows:
"15.c. Elevations for the proposed two-story
commercial building shall be modified so
as to produce a roof -line treatment more
harmonious with the other buildings to
be constructed on the site. Further,
the rear elevation of said building shall
be revised so as to produce a pleasing
appearance as viewed from the Amtrak railway
and the public areas to the west."
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
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3. ADOPTION OF THE FISCAL BUDGET FOR THE FIVE-YEAR
„nnTnn TnTV l iwiq - .mN'R 3n. 1984
(24) This Public Hearing is continued from the Regular Meeting
of August 1, 1979.
Public Hearing:
Notice of Continuation having been given as required by law,
Mayor Friess opened the Public Hearing, and the following
persons responded:
(1) Marilyn Williams, 29931 Camino Capistrano, cited
concerns with proposed expenditures for historic
preservation, capital improvements funded with
systems development tax, authority for adoption
of a budget indicating a deficit in 1982-83, and
funding for the Open Space Element of the General
Plan.
The City Manager advised that the City would receive $103,000
in State bail-out funds which are not included in the budget;
that serious consideration should be given to implementation
of the General Plan in its present form.
There being no further response, Mayor Friess closed the
Public Hearing with the right to reopen at any time.
(8$) Multi -Modal Terminal:
In response to Councilman Thorpe, the City Manager advised
that a budget amendment would be submitted setting forth
proposed funding.
(6�) Downtown Study/Parking District:
Councilman Thorpe noted that the proposed Downtown Study is
not included in the budget, suggested traffic patterns be
changed on a trial basis prior to disrupting streets and
that costs for signing be included in the budget as well
as funds for the proposed parking district; staff should
contact property owners for an indication of interest in
pursuing a parking district. Mayor Friess concurred that
the proposed one-way street system should be implemented
on a trial basis and the public hearing process commenced.
With Council concurrence, Mayor Friess directed that the
Downtown Study and Parking District be placed on the Agenda
for Council consideration within the next six weeks.
Budget Amendments:
(1) Downtown Study:
(68) It was moved by Councilman Schwartze, seconded by
Councilman Thorpe and unanimously carried that the sum
of $10,000 be included in the budget for an environ-
mental impact assessment of proposed changes in the
downtown area;
(2p) (2) Historical Society/4th of July Committee:
(61) It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried that an additional
sum of $5,000 be allocated for the San Juan Capistrano
Historical Society with the condition that City funds
will not be utilized if CETA funding is received by the
Society; and, that the sum of $500 be allocated for use
by the 4th of July Celebration Committee.
Budget Adoption:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution be adopted, as amended:
-5- 8/15/79
RESOLUTION NO. 79-8-15-2, FISCAL BUDGET, 1979-84 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A FIVE-YEAR
FISCAL PROGRAM AND BUDGET AND AUTHORIZING EXPENDITURES
AND APPROPRIATIONS RELATED THERETO
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution authorizes expenditures as follows:
Year Ending June 30 Authorized Expenditures
1980 $9,357,200
1981 $6,626,300
1982 $5,365,800
1983 $6,955,500
1984 $7,178,700
4. ZONE VARIANCE 79-15 AND TENTATIVE PARCEL MAP 859 (SAUNDERS)
(85) Proposal:
(92) A division of a .987 -acre parcel of land into two lots
consisting of 15,899 square feet and 21,562 square feet,
respectively, located on the northwest corner of Calle
Aspero and Paseo Alto Plano, and a zone variance to allow
reduction in the minimum lot size from 20,000 to 15,899 square
feet and reduction in the minimum street frontage from the
required 90 feet to 88.51 feet, as set forth in the standards
for ES (Small Estate) zoning.
Applicant:
John Saunders, 31881 Paseo Alto Plano, San Juan Capistrano.
Written Communications:
Report dated August 15, 1979, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission on July 24, 1979,
and advising that the required street dedication for Calle
Aspero eliminates sufficient lot area for division of the
property without the requested zone variance.
Approval of Zone Variance and Tentative Parcel Map:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-8-15-3, TENTATIVE PARCEL MAP 859
AND ZONE VARIANCE 79-15 (SAUNDERS) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL
MAP 859, THE SUBDIVISION OF 0.987+ ACRES INTO TWO
LOTS OF 15,899+ AND 21,562+ SQUARE FEET; AND ZONE
VARIANCE 79-15, A REQUESTED REDUCTION IN THE MINIMUM
LOT SIZE FROM 20,000 SQUARE FEET TO 15,899 SQUARE
FEET AND REDUCTION IN MINIMUM STREET FRONTAGE FROM THE
REQUIRED 90 FEET TO 88.51 FEET FOR PARCEL A
The motion carried by the following vote:
8/15/79
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:50 P.M., and reconvened at 9:10 P.M.
5. REZONE 79-
/mTT1"T 1TT TT lTV
AND COMPREHENSIV
MENT PLAN
(8$) Councilman Buchheim left the dais due to a possible conflict
of interest.
Proposal:
A request for a zone change for parcel 1 of Division of
Land 78-3 from AG (General Agriculture) to PC (Planned
Community) and approval of Comprehensive Development Plan
CDP 79-1 for a 326 -acre parcel of land located east of the
I-5 freeway and north of Ortega Highway.
Applicant:
The Ranch, A General Partnership, P. O. Box 695, San Juan
Capistrano.
Written Communications:
(1) Report dated August 15, 1979, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning Commission
on July 24, 1979, and setting forth the Commission's areas
of concern, i.e., method of agricultural preservation,
alignment of the General Plan equestrian trail, growth
management requirements, and the Helicopter Hill view
analysis.
(2) Draft Comprehensive Development Plan.
(3) Letter dated August 3, 1979, from Charles J. Higson
of Mackay, McGregor, Bennison & Higson, 523 West Sixth
Street, Suite 828, Los Angeles, 90014, representing
Mr. and Mrs. Robert B. Honeyman, owners of the property
in question, advising that agreement had been made that
the zone change would become effective only upon recording
of the final parcel map and with the further condition
that the map be recorded prior to October 31, 1979.
(4) Letter dated August 13, 1979, from Michael W. Berns,
Planning Commissioner, in support of the Equestrian
Commission and staff recommendations that the General
Plan trail be dedicated and developed through the Horno
Valley, as shown in the Parks and Recreation Element.
(5) Memorandum dated August 14, 1979, from the Acting Director
of Community Planning and Development, recommending
that the following additional condition be added to
the project approval:
114. Stipulate that final adoption of the zone
change Ordinance shall not occur prior to
recordation of the final parcel map for
Division of Land 78-3."
Exhibits were on display, and Larry Lawrence, Senior Planner,
made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons responded:
-7- 8/15/79
G
(1) Charles Higson, representing the property owners,
Mr. and Mrs. Honeyman, cited the items set forth in
his letter of August 13 and noted support for the
proposed Condition No. 4.
(2) Hugh Scallon, representing the applicant, suggested
word changes regarding the effective date of the zone
change.
(3) George Riley, 25581 Paseo de la Paz, representing the
applicant, addressed the Council on the following items:
(a) Growth Management - requested exemption from
growth management requirements for the 65 lots
within parcels 5 through 13 to be sold as lot
sales; it is anticipated that 20 or 30 homes
will be requested for inclusion in the 1980
allocation;
(b) Helicopter Hill Development - a model was displayed;
mature specimen trees will be planted behind the
4 units to prevent houses on the ridgeline from
silhouetting;
(c) Development Rights - stated that the City has
adequate controls for agriculture preservation,
and is willing to enter a Williamson Act agreement,
open space will be dedicated to the homeowners; the
developers will diligently try to farm the area
and make it work; if farming doesn't work, alter-
natives would be considered; would not like to
have possible future use of the land removed
from their control;
(d) General Plan Equestrian Trail - stated that the
trail would bisect the farmland; requested that
the trail on the adjacent Leck-Forster property
(The Hunt Club) be designated as the General
Plan trail and that a bridge could be built
across the canyon; stated that the trail along
Horno Creek would have to be fenced on both sides
due to vandalism, and fencing would make tractor
access difficult; the area is a nature preserve
and trails near the creek would be detrimental to
wild animals; the view would be better from a trail
at a higher elevation; would be willing to help
develop the Forster -Zeck trail to General Plan
standards.
Mayor Friess suggested that Page 60 of the draft CDP state
that the trail will be placed in the general location of the
Horno Valley, the precise alignment to be set after a walkover
of the area by the appropriate City commissions. In response
to Mr. Riley, Mayor Friess advised that the final determination
would be made by the Council, based on the recommendations of
the Planning and Equestrian Commission. Mr. Riley stated that
the property could accommodate bicycles, but not horses and
hikers.
(4) Milton Long, 28333 Ortega Highway, representing the
Equestrian Commission, spoke in support of the trail
designation in the Horno Valley; vandalism would be
curtailed by the City -required fencing; deletion of a
General Plan trail would set an undesirable precedent;
the project CC&R's will prohibit keeping of horses
even though an equestrian center is proposed and this
exclusion of horses should not be approved.
-8- 8/15/79
Visual Impact:
There was a consensus of Council to determine that the General
Plan Visual Impact Overlay requirement for development on
Helicopter Hill will be satisfied only if the view analysis
shows that no dwelling units will extend above the ridgeline
silhouette as viewed from the downtown valley floor area.
General Plan Trail:
There was a consensus of Council to determine that the
General Plan Equestrian Trail shall be designated through
the property, as shown in the Parks and Recreation Element
of the General Plan, and will be provided as part of the
development of the planned community. The trail alignment
shall be determined prior to approval of any residential
concept plan or other development plans for Areas 5 through
14, inclusive.
Growth Management:
There was a consensus of Council to determine that Areas 5
through 13 are exempt from the requirements of the Growth
Management Program.
Dedication of Development Rights:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that prior to the adoption of the zone change
ordinance, an agreement is to be entered into requiring
dedication of development rights to the City for CDP Area 16
(General Agricultural District) prior to issuance of the
first residential building permit. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, and
Mayor Friess
NOES: Councilman Thorpe
ABSENT: Councilman Buchheim
Energy -Efficient Buildings:
There was a consensus of Council that an additional goal
promoting the construction of energy-efficient buildings
be inserted in Section 227 of the Comprehensive Development
Plan.
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0
(5)
Brad Gates, 26822 Paseo Atravita, spoke in support
of the project concepts, but cited concerns with
trail connections to the Malaspina tract.
(6)
Jill Hanna, 30161 Branding Iron Road, addressed the
Council regarding the Mission Hills trail.
(7)
Bob Davies, member of the Planning Commission, stated
that the view impact will only be approved if there are
no homes above the skyline; the equestrian trail should
be shown in its original location, but would agree if
the developer can prove that another location would
serve the public need; advised that the plan for Area 9
states that it will be developed only if a road can be
developed; a mechanism is needed to insure retention
of either open space or agricultural uses on the property;
City ownership of the property would not preclude other
uses.
(8)
George Riley addressed the issues of the trail and
development rights.
There being no further response, Mayor Friess declared the
Hearing closed.
Visual Impact:
There was a consensus of Council to determine that the General
Plan Visual Impact Overlay requirement for development on
Helicopter Hill will be satisfied only if the view analysis
shows that no dwelling units will extend above the ridgeline
silhouette as viewed from the downtown valley floor area.
General Plan Trail:
There was a consensus of Council to determine that the
General Plan Equestrian Trail shall be designated through
the property, as shown in the Parks and Recreation Element
of the General Plan, and will be provided as part of the
development of the planned community. The trail alignment
shall be determined prior to approval of any residential
concept plan or other development plans for Areas 5 through
14, inclusive.
Growth Management:
There was a consensus of Council to determine that Areas 5
through 13 are exempt from the requirements of the Growth
Management Program.
Dedication of Development Rights:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that prior to the adoption of the zone change
ordinance, an agreement is to be entered into requiring
dedication of development rights to the City for CDP Area 16
(General Agricultural District) prior to issuance of the
first residential building permit. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, and
Mayor Friess
NOES: Councilman Thorpe
ABSENT: Councilman Buchheim
Energy -Efficient Buildings:
There was a consensus of Council that an additional goal
promoting the construction of energy-efficient buildings
be inserted in Section 227 of the Comprehensive Development
Plan.
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10
Waiver of Payment of Agricultural Preservation Fees:
It was moved by Councilman Hausdorfer, seconded by Councilme
Schwartze and unanimously carried to waive the requirement
for payment of agricultural preservation fees for the total
project which may be generated from residential, commercial,
and industrial development.
Second Reading of Zone Change Ordinance:
There was a consensus of Council to stipulate that final
adoption of the zone change ordinance shall not occur prior
to recordation of the final parcel map for Division of
Land 78-3.
The above changes are to be incorporated into the Comprehensive
Development Plan.
Introduction of Ordinance Approving Rezone 79-3:
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 Hausdorfer that the following Ordinance
be introduced:
REZONE 79-3/COMPREHENSIVE DEVELOPMENT PLAN 79-1 -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF
PARCEL 1 OF DIVISION OF LAND 78-3 FROM AG TO PC
(CDP 79-1)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
Councilman Buchheim returned to the meeting and assumed his
duties.
RESOLUTIONS
1. ADOPTING SEWER BOND TAX RATE, FISCAL YEAR 1979-80
(86) Written Communications:
Report dated August 15, 1979, from the Director of
Administrative Services.
Approval of Sewer Bond Tax Rate:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-8-15-4, ADOPTING SEWER BOND TAX
RATE - FISCAL YEAR 1979-80 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING AND IMPOSING AN AD VALOREM
SEWER BOND TAX RATE FOR THE 1979-80 FISCAL YEAR
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
-10-
8/15/79
1.1
The Resolution establishes a General Obligation Bond
Redemption tax rate of Seven Cents for each One Hundred
Dollars of assessed valuation.
BIDS, CONTRACTS, AGREEMENTS
1. DEDICATION OF
IN FUTURE ASS
PARTIC
(38) At the request of the Director of Public Works, this item
was held over to the next meeting date.
2. DEL AVION STORM DRAIN, PHASE I -
:ALL FOR BIDS
(80) Written Communications:
Report dated August 15, 1979, from the Director of Public
Works.
Approval of Plans:
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried to approve the plans and
specifications for the Del Avion Storm Drain, Phase I, and
to authorize the City Engineer to call for bids.
3. CALLE ASPERO STREET
AND CALL FOR BIDS
(83) Written Communications:
Report dated August 15, 1979, from the Director of Public
Works.
Approval of Plans:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the plans and
specifications for improvements to Calle Aspero from Paseo
Monte Vista to Paseo Alto Plano and to authorize the City
Engineer to call for bids.
4. AGUACATE ROAD SEWER -
AWARD OF CONTRACT (FIVE STATES PLUMBING)
(80) Written Communications:
Report dated August 15, 1979, from the Director of Public
Works.
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Thrope and unanimously carried to award the contract for the
construction of the Aguacate Sewer to the low bidder, Five
States Plumbing, in the amount of $14,875.50 and to reject
all other bids received; the Mayor and City Clerk are
authorized to sign the contract on behalf of the City.
5. DATA PROCESSING SERVICES AGREEMENT (ALEXANDER GRANT & COMPANY)
(41) Written Communications:
Report dated August 1, 1979, from the Director of Administrative
Services.
Approval of Data Processing Services:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to approve the Plan for
Data Processing Services as proposed by Alexander Grant &
Company for a one-year period of time.
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8/15/79
12
6. DEFERRED COMPENSATION PLAN
(66) Written Communications:
Report dated August 15, 1979, from the Director of Administrative
Services.
Adoption of Deferred Compensation Plan:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
79-8-15-5, DEFERRED COMPENSATION
YLAN - A ttho ULUT1UN UY THS UITY UUUNUIL UP, THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
A DEFERRED COMPENSATION PLAN AND AUTHORIZING THE
EXECUTION OF AGREEMENTS RELATED TO SAID PLAN
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The City Manager is authorized to execute the participation
agreements.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer and seconded by Councilman
Thorpe that the staff recommendations be accepted for the following
items listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated August 15, 1979, Warrants Nos. 17334
through 17451, inclusive, in the total amended amount of
$106,351.32, is approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF JULY 31, 1979
(41) The City Treasurer's Report of Investments as of July 31, 1979,
is approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of July 31, 1979, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF JUNE 30, 1979
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the 12 -month period ending June 30, 1979, is approved as
submitted.
5. REPORT OF PLANNING COMMISSION MEETING OF
AUGUST 6, 1979
(67) The Report of Actions taken by the Planning Commission at
the meeting Of Aug. 6, 1979, is ordered received and filed.
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6. REPORT OF TRAFFIC AND
OF JULY 19, 1979
MEETING
13
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meeting of July 19, 1979, is ordered
received and filed.
7. MISSION BELL PARK
EXTENSION OF TIME
(62) A 45 -day extension of time to September 28, 1979, is approved
for completion of the Mission Bell Park landscaping project
by Plant Control Corporation, due to delays in utility
connections.
8. DEL OBI
ASPERO
(82) A 35 -day extension of time to September 7, 1979, is approved
for completion of the traffic signal project by Electrend,
Inc., due to shortages in cement supplies.
9. ACCEPTANCE OF STORM DRAIN EASEMENT,
LOT D, TRACT 8130 (RANCHO MISSION VIEJO)
(80) The Easement Deed for storm drain purposes over Lot D,
(85) Tract 8130, is accepted from Rancho Mission Viejo for
construction of a drainage facility to alleviate ponding
of stormwater in back of Lots 10-13 of Tract 8128 in the
Village San Juan Area.
10. RELEASE OF PUBLIC IMPROVEMENT BOND,
32302 CAMINO CAPISTRANO (BROWN)
(38) Staff is authorized to release the following performance
bond since Assessment District 78-2 will provide funding
for the street improvements:
Bond No. BX5-255916, from Balboa Insurance
Company, dated January 15, 1976, in the
amount of $9,000
REPORT OF CULTURAL HERITAGE ACTIONS OF AUGUST 7, 1979
(23) Council Members commented on conference attendance and
direction to staff by the Commission. Councilman Buchheim
noted that weed abatement at the Montanez Adobe should be
carefully supervised.
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to receive and file the
report.
PREPARATION OF REVISED OCCUPANCY PERMIT POLICY
(25) Written Communications:
(69) Report dated August 15, 1979, from the City Manager advising
that an occupancy permit had been issued to James Reily,
32122 Cook Lane, since the residence is within a lot sale
subdivision and all public improvements have been installed
and accepted; future construction work will be confined to
individual lots. Mr. Mocalis requested clarification of
the policy established by Council on June 6, 1979, with
regard to issuance of occupancy permits.
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14
(69) Preparation of Policy Statement:
There was a consensus of Council that staff prepare a revised
policy statement for Council consideration on the following
basis: if all tract improvements have been accepted by the
City, the Director of Public Works is authorized to issue
occupancy permits; if all tract improvement requirements
have not been met, requests for occupancy permits are to
be reviewed by the City Council.
APPROVAL OF TREE REMOVAL PERMITS -
(CHRISTIAN MISSION CHURCH THE HUNT CLUB)
(74) Written Communications:
Report dated August 15, 1979, from the Director of Community
Planning and Development advising Council of the following
requests for tree removal permits:
(1) Christian Mission Church, removal of one multi -trunk
California pepper and removal of existing orange trees;
(2) The Hunt Club, Tract 6305, removal of approximately
16 California pepper and 3 eucalyptus trees.
Councilman Thrope questioned the use of the phrase,
will be preserved for several years."
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to confirm the determination
of the Tree Inspector in approving the requested tree
removals.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT - MEREDITH CANYON LANDSCAPING,
TRACTS 8087 AND 8319
(85) Written Communications:
Report dated August 15, 1979, from the Director of Community
Planning and Development regarding the current status of
landscaping repairs.
With the concurrence of Council, Mayor Friess directed that
the report be received and filed.
2. INITIATION OF GENERAL PLAN AMENDMENT 79-3 (FALKLAM)
(46) Written Communications:
Report dated August 15, 1979, from the Director of Community
Planning and Development, forwarding the request of Harry
Falklam, Box 904, San Juan Capistrano, for inclusion of
his 3.7 -acre parcel in a General Plan amendment. The request
is forwarded pursuant to Section 2.1.2 of the Land Use
Management Code.
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to authorize the inclusion
of the Falklam petition for consideration within General Plan
Amendment 79-3 with the determination that such inclusion is
for consideration only and does not imply City intent to
either approve or deny the proposed amendment. The General
Plan Amendment is referred to the Planning Commission for
review and recommendation to the Council.
3. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -
(23) Written Communications:
Report dated August 15, 1979, from the Director of Community
Planning and Development forwarding an Amendment to the
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Agreement between the County and City dated November 14,
1978, for the construction of public improvements in the
Los Rios Area. The revision increases the Housing and
Community Development Act funds from $91,000 to $126,672
to provide for the actual costs of improvements to Mission
Street, Ramos Street, and completion of Los Rios Street.
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to authorize the Mayor and
City Clerk to sign the revised agreement on behalf of the City.
DIRECTOR OF PUBLIC WORKS
1. ASSESSMENT DISTRICT 78-3, CONSTRUCTION PHASING
(ORTEGA PROPERTIES)
(74) Written Communications:
(1) Report dated August 1, 1979, from the Director of
Public Works. The report was rescheduled from the
meeting of August 1 for the purpose of distributing
notice of traffic circulation alternatives to residents
of the surrounding area.
(2) Copy of notice letter dated August 8, 1979, from the
Director of Public Works and attached mailing list.
Bernice Sowden, President of the Sun Hollow Homeowners
Association, advised that the Board of Directors took no
action on the alternate circulation patterns and suggested
Council consideration of Alternate 2 which includes closing
Ganado Road after construction of a temporary detour route
through the Ortega Properties project area.
Chris Shirley, 31501 Sundance Road, suggested that La Novia
Road and a temporary detour be constructed prior to
closure of Ganado Road.
There was a consensus of Council to concur with the planned
closure of Ganado Road following construction of La Novia
Avenue; strong consideration is to be given to access routes
for construction traffic to avoid disturbance of Sun Hollow
residents and Ambuehl School. The Director of Public Works
advised that access routes will be set forth in the specifications
as traffic circulation.
2. REQUESTS FOR REIMBURSEMENT AGREEMENT MODIFICATIONS -
ORTEGA HIGHWAY
(38) Written Communications:
Report dated August 15, 1979, from the Director of Public
Works forwarding the requests of the Church of the Nazarene
and Ortega Properties for modifications of the June 21, 1979,
Agreement between the City and Maurer Development Company.
Forwarded also was a letter dated August 1, 1979, from
Robert E. Maurer.
Denial of Requests:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to deny the requests
submitted by the Church of the Nazarene and Ortega Properties
for modifications to the right-of-way costs reimbursement
procedures specified in the June 21, 1978, agreement for the
construction of improvements to Ortega Highway.
3. HEAD START PRE-SCHOOL - AGREEMENT FOR RELOCATION TO
CITY PROPERTY AT 32506 PASEO ADELANTO
(38) Written Communications:
Report dated August 15, 1979, from the Director of Public
Works forwarding a proposed Agreement for the Lease of
City Property for Community Educational Services.
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1 Evelyn Villegas, program coordinator, addressed the Council.
Mayor Friess suggested that the facility be located east of
the Dance Hall building with a portion of Descanso Park
fenced for use by the school and the City reimbursed by
the program for costs of fence installation.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement
for a 2 -year period of time; the Agreement is to be amended
to include provisions for joint school -City use of the facility.
TRAFFIC AND TRANSPORTATION COMMISSION
1. REQUEST FOR CONVEYANCE OF RIGHT-OF-WAY, LOT D, TRACT 7159
/DTn VTOMA UnMVC 0nMMTTNTMV ACOnOTAMT71wT1
(85) Written Communications:
Report dated August 15, 1979, from the Director of Public
Works forwarding the recommendation of the Traffic and
Transportation Commission that the City not accept Lot D,
Tract 7159, from the Rio Vista Association.
Denial of Conveyance:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to respectfully deny the
offer of dedication of the public right-of-way of Lot D,
Tract 7159, received from the Rio Vista Homes Community
Association.
INDIAN BURIAL SITE, TRACT 7673/PARRA ADOBE
(85) Written Communications:
(23) Report dated August 15, 1979, from Pamela Hallan, Administrative
Aide, forwarding the Archeological Investigation Report
prepared by Christopher E. Drover, as authorized by Council
on August 1, 1979. The study results found no further skeletal
remains.
Acceptance of Report/Future Monitoring of Site:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to accept the report as
presented by Dr. Drover and to direct that any request for
extensive future grading on Lots 17, 18, and 19 of Tract 7673
be conditioned by a requirement that an archaeologist be
present to monitor ground disturbance.
COUNCIL REMARKS
1. MISSION HILLS DRIVE STREET IMPROVEMENTS
(83) There was a consensus of Council that the installation of
curbing at the cul-de-sac of Mission Hills Drive be held in
abeyance for a 30 -day period of time, as requested by
Councilman Hausdorfer.
2. PROPOSED RESTRUCTURING OF PLANNING COMMISSION
(67) Councilman Thorpe requested that consideration be given to
increasing the Planning Commission to 7 members, with the
Planning Commission assuming the duties of the Architectural
Board of Review and the Traffic and Transportation Commission.
There was a consensus of Council that the matter be placed on
the August 29, 1979, Agenda for the joint meeting with the
Planning Commission.
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3
FOUR OAKS PARK - REMOVAL OF GRAFFITI
1'7
(62) There was a consensus of Council that the Public Works crews
remove the graffiti at Four Oaks Park; Councilman Thorpe
suggested that the contract park maintenance firm be
directed to advise the City of such items.
4. LEAGUE OF CALIFORNIA CITIES CONFERENCE -
(61) There was a consensus of Council that Councilman Schwartze
serve as the City's voting delegate and Councilman Hausdorfer
serve as alternate at the September League of California
Cities Conference in San Francisco.
5. DEL OBISPO STREET SYCAMORE TREE
(7{) Mayor Friess advised that the California sycamore tree on
Del Obispo Street in the vicinity of the railroad tracts
i will need severe pruning in December. Council concurred
that the proposed pruning be authorized following extensive
advertising.
6.1 TREES IN PUBLIC RIGHT-OF-WAY -
SAN JUAN CREEK AT CAMINO CAPISTRANO
(74) Mayor Friess requested that staff check the condition of the
trees in the public right-of-way in the vicinity of San
Juan Creek Road and Camino Capistrano.
7.I RETIREMENT SYSTEM AD HOC COMMITTEE
(2I3) Mayor Friess advised that two members of the Committee live
outside of the City limits. There was a consensus of Council
that residence is not a requirement of Committee membership.
CESS AND RECONVENE
tC uncil recessed to Executive Session at 12:00 o'clock midnight,
t e City Clerk being excused therefrom, and reconvened at 12:44 P.M.
1.1 RETIREMENT SYSTEM AD HOC COMMITTEE
(73) It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to set a date certain of
November 1, 1979, to establish the permanency of temporary
employees; the ad hoc Committee is to address the issue of
contract arrangements for new employees at the earliest
possible date.
AI JOT MENT
There being no further business before the Council, the meeting
was adjourned at 12:45 A.M., Thursday, August 16, 1979, to the
nxt meeting date of Wednesday, August 29, 1979 at 7:00 P.M., in
t e City Council Chamber for a joint meeting with Members of the
P anning Commission.
Respectfully submitted,
ATTEST:
K NNETH E. FR ESS, YOR
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