79-0905_CC_Minutes_Regular MeetingSEPTEMBER 5, 1979
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular
Capistrano,
7:08 P.M.,
Allegiance
Old Mission
ROLL CALL
22
Meeting of the City Council of the City of San Juan
California, was called to order by Mayor Friess at
in the City Council Chamber, followed by the Pledge of
to the Flag. Invocation was given by Father Martin,
Church.
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
S AFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
A sistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works/City Engineer;
T omas G. Merrell, Director of Community Planning and Development;
J mes S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk;
Cheryl Johnson, Deputy City Clerk.
R gular Meeting of August 15, 1979:
I was moved by Councilman Hausdorfer, seconded by Councilman
S hwartze that the Minutes of the Regular Meeting of August 15,
1 79, be approved as submitted. The motion carried by the following
v te:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
M�TION TO READ BY TITLE ONLY
I was moved by Councilman Thorpe, seconded
tat all Ordinances be read by title only.
t e following vote:
by Councilman Hausdorfer
The motion carried by
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
OO2n COMMUNICATIONS
1.. SAN JOAQUIN CORRIDOR
(�4) Chuck Ward, President of Village San Juan Homeowners Association,
advised of the Association's concern with the proposed corridor,
that they basically agree with the Planning Commission's
recommendation that the link with the I-5 freeway occur in
the area of Crown Valley Parkway, and that they will attend
the County hearings on the item.
-1- 9/5/79
23
WRITTEN COMMUNICATIONS
1. CONDITIONS OF APPROVAL - TRACT 9578,
HOME WARRANTY CONTRACT
(49) Council received copies of a letter dated August 7, 1979,
(85) from the American National Group, advising that the developer
of Tract 9578 wishes to issue a five-year New Home Service
Contract subject to a $100 deductible, and requesting that
since the City only required a three-year bond, the Council
consider accepting the $100 deductible as a trade for the
additional two-year service contract.
Following a determination that the sample contract submitted to
Council would require a $100 deductible on each occurrence,
staff was directed to report at the September 19th meeting
regarding the pros and cons of the proposal, additional
information on the deductible, and the intent of the original
Home Warranty Program.
2. REQUEST FOR FUNDING - THE SHELTER
(76) Council received copies of a letter dated August 24, 1979, from
the South County Mental Health Advisory Board requesting a
contribution to indicate support for The Shelter, a program
for the mentally disabled, so that the program may receive
County Revenue Sharing Funds.
Staff was directed to request information from the South
County Mental Health Advisory Board regarding the specific
extent of support they would like to receive and a copy of
their budget for the current year.
PUBLIC HEARINGS
1. APPEAL OF CONDITIONS OF APPROVAL, A.C. 78-9
l nnVMTTTTT DTT nM 1 lunmv vvnVDTT.1
(68) This public hearing was continued from the meeting of
August lst.
Written Communications:
Letter dated August 15, 1979, from Thomas O. Fincher, Assistant
Vice President, Home Federal Savings and Loan, advising that
on August 14th the Planning Commission approved Home Federal's
application for an access drive on Del Obispo Street; therefore
the appeal of the conditions of approval is withdrawn.
Withdrawal of Appeal Accepted:
Mayor Friess directed that the withdrawal of the appeal be so
noted. Councilman Thorpe requested that specific information
regarding the Planning Commission's approval of the drive
access be provided later in the meeting.
2. HOUSING AND COMMUNITY DEVELOPMENT - SIXTH YEAR
(23) Proposal:
(38) Approval of an application to participate in the sixth year
Housing and Community Development Block Grant Program with
the County of Orange for implementation of the Los Rios
Precise Plan. The application includes a Cooperation Agreement,
a statement of assurances, a Housing Assistance Plan, a Grant
Proposal and a Resolution proposing the following projects:
-2- 9/5/79
3.
2i
Requested
Project Funding
(a) Public Improvements -
completion of public improvements
to Ramos Street $ 40,000
(b) Housing Rehabilitation -
Continuation of the Housing
Rehabilitation Loan Program through
Security Pacific National Bank 5,000
(c) Property Acquisition & Development -
Completion of land acquisition for
implementation of the Planned Housing
District in Little Hollywood 375,000
Total sixth year funding application $420,000
Written Communications:
Report dated September 5, 1979, from the Director of Community
Planning and Development advising that the Los Rios Review
Committee and the Planning Commission recommend approval of
the program.
Sara Pashalides, Assistant Planner, made an oral presentation
of the project for Council information.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no response,
declared the Hearing closed.
Approval of Sixth Year Grant Applications:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-9-5-1, HOUSING AND COMMUNITY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE CITY'S
PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution approves a cooperation agreement with the
County, a statement of assurances and a Housing Assistance
Plan. The Mayor and City Clerk are authorized to execute
the cooperation agreement on behalf of the City.
ESTABLISHMENT OF AGRICULTURAL PRESERVE
(WILLIAMSON ACT) (MAURER)
i8) Proposal:
8) Establishment of 42+ acres of land as an Agriculture Preserve,
15) pursuant to the California Land Conservation Act, for Lot 64
of Tract 9382.
Applicant:
Robert and Irma Maurer, c/o Maurer -Elliott Development Company,
14841 Yorba Street, Tustin, California 92680.
-3- 9/5/79
R2
Written Communications:
Report dated September 5, 1979, from Loretta Zimmerman,
Assistant to the City Manager, advising that a condition of
approval of Tract 9382 was execution of a Williamson Act -type
agreement by the developer or transfer of development rights
to the City; that findings of consistency have been made by
the Department of Community Planning and Development and the
Agricultural Preservation Committee; and, forwarding a proposed
agreement and resolution.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open, and there being no response,
declared the Hearing closed.
Adoption of Resolution:
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim that the following Resolution designating the 42+
acres of Lot 64, Tract 9382 as an Agricultural Preserve and
approving an Agricultural Preserve Contract pursuant to the
California Land Conservation Act be adopted:
RESOLUTION NO. 79-9-5-2, AGRICULTURAL PRESERVE (MAURER) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DESIGNATING 42+ ACRES
OF LOT 64, TRACT 9382 AS AN AGRICULTURAL PRESERVE
AND APPROVING AN AGRICULTURAL PRESERVE CONTRACT
PURSUANT TO THE CALIFORNIA LAND CONSERVATION ACT, AS
AMENDED (MAURER)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the Agriculture
Preservation Contract with Robert E. and Irma Maurer. The
Mayor and City Clerk are authorized to execute the contract
on behalf of the City and the City Clerk is directed to
record the document.
ORDINANCES
(55) Proposal:
(43) In conjunction with the August 15, 1979, Council approval of
an increase in the franchise fee for TM Communications,
Section 14 of Ordinance No. 149, "Payment of Franchise Fee"
is to be amended to reflect an increase in payment to the
City from 2% to 3% of the revenue from all sources of income.
Written Communications:
Report dated September 5, 1979, from the Assistant City Manager/
Director of Administrative Services, forwarding the proposed
ordinance.
Introduction of Ordinance No. 389:
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 Buchheim, seconded by
Councilman Thorpe, that the following Ordinance be introduced:
-4- 9/5/79
26
. 389. AMENDING ORDINANCE NO. 149
FRANCHISE FEE (TM CUMMUNIUATlUNb) - ALv UnulNruvvn
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 14 OF ORDINANCE NO. 149, AN ORD
GRANTING TM COMMUNICATIONS A NON-EXCLUSIVE CABLE
TELEVISION FRANCHISE
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2, AMENDMENT TO ORDINANCE NO. 333, SECTION 5 -
PAYMENT OF CABLE TV FRANCHISE FEE (STORER
CABLE TV, INC.) (INTRODUCTION)
(55) Proposal:
(43) In conjunction with City Council action of August 15th which
expanded the payment of franchise fees from Storer Cable TV
to include all sources of revenue, Section 5 of Ordinance
No. 333 is to be amended.
Wrritten Communications:
Report dated September 5, 1979, from the Assistant City Manager/
Director of Administrative Services, forwarding a proposed
ordinance amending Section 5 of Ordinance No. 333.
Introduction of Ordinance No. 390:
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 Hausdorfer
and seconded by Councilman Buchheim that the following
Ordinance be introduced:
ORDINANCE
NO. 333
r'KANV.;nlbh r'r;r; (b'luru to I:Ab Lr, '1'r:Lr'V1b1VLV, LNt:.) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 5 OF ORDINANCE NO. 333,
AN ORDINANCE GRANTING STORER CABLE TELEVISION, INC.,
A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
!! jSOLUTIONS
1. ESTABLISHMENT OF CABLE TV RATES (TM COMMUNICATIONS COMPANY)
(43) Written Communications:
Report dated September 5, 1979, from the Assistant City Manager/
Director of Administrative Services, forwarding a proposed
resolution amending the cable television rate schedule for
TM Communications in conjunction with Council action of
August 15th, and pursuant to requirements of Ordinance No. 327.
Adoption of Amended Rate Schedule:
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze that the following Resolution be adopted:
-5- 9/5/79
2
2.
RESOLUTION NO. 79 -9 -5 -
AMENDED RATE
SUHBDULE Ur' TM UUMMUNICATIONS COMPANY - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN AMENDED RATE SCHEDULE OF TM
COMMUNICATIONS COMPANY
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution approves the following amended rate schedule:
SERVICE
INSTALLATION CHARGES
Single Unit - 1st Outlet
Single Unit - 2nd Outlet
Commercial - 1st Outlet
Commercial - 2nd Outlet
Relocate Outlet
Reconnects
MONTHLY SERVICE RATES
Single Unit - 1st Outlet
Single Unit - 2nd Outlet
Multiple Units - 1st Outlet
Multiple Units - 2nd Outlet
Hotel/Motel - lst Outlet
Hotel/Motel - 2nd Outlet
RATES & CHARGES
$18.75
10.00
Time & Material
Time & Material
10.00
10.00
APPROVAL OF APPLICATION FOR OPEN SPACE AND
RECREATION GRANT FUNDS (LOS RIOS PARK)
7.50
2.50
7.50
2.50
7.50
3.75
(23) It was moved by Councilman Thorpe and seconded by Councilman
(41) Hausdorfer that the following Resolution be adopted:
OLUTION NO. 79-9-5-4, APPROVING APP
r.Ua is Vo r - r icr ovr,Uriviv Ur rnr, �irr �Uiv� yr 1nr
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG
URBAN OPEN -SPACE AND RECREATION PROGRAM - LOS RIOS PARK
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution approves the filing of an application for
$149,000 in grant funds to acquire 9.19 acres between Los
Rios Street and Trabuco Creek, bounded on the north by Ramos
Street and the south by River Street to be used for the
Los Rios Park.
3. APPROVAL OF APPLICATION FOR LAND AND WATER
CONSERVATION GRANT FUNDS (LOS RIOS PARK)
(23) It was moved by Councilman Thorpe and seconded by Councilman
(41) Hausdorfer that the following Resolution be adopted-
-6- 9/5/79
RESOLUTION NO. 79-9-5-5, APPROVING
LAND AND WATER CONSERVATION GRANT
A RESOLUTION OF THE CITY COUNCIL
CAPISTRANO, CALIFORNIA, APPROVING
LAND AND WATER CONSERVATION FUNDS
2
CATIONS FOR
- LOS RIOS PARK -
OF THE CITY OF SAN J
THE APPLICATION FOR
- LOS RIOS PARK
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution approves the filing of an application for
$488,191 in grant funds to acquire 9.19 acres for the Los Rios
Park.
In response to Council, the City Manager advised that he and
Mrs. Hallan would be meeting with officials in Sacramento on
September 7th regarding the City's applications. Councilman
Buchheim may also attend the meeting.
AGREEMENTS
1.1 AGREEMENT TO DEDICATE FUTURE RIGHT-OF_WAY
($8) This item was held over from the meeting of August 1st for
(�9) modifications to the agreement regarding a limit on the amount
and location of land to be dedicated in the future.
Written Communications:
Report dated September 5, 1979, from the Director of Public
Works forwarding the revised agreement and advising that
staff and the applicant agree to the adequacy of the modification.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement
Relating to the Postponement of Requirement to Dedicate and
Install Public Improvements and to Participate in Future
Assessment District, in conjunction with Conditional Use
Permit 79-5 and to authorize the Mayor and City Clerk to
execute the agreement on behalf of the City.
2, AGREEMENT TO PROVIDE LICENSING
OF AMBULANCE AND CONVALESCENT
CE
($8) Proposal:
(70) Approval of an agreement with the County of Orange to provide
licensing and regulation of ambulance and convalescent transport
services within the City boundaries.
Written Communications:
Report dated September 5, 1979, from the Director of Public
Works, forwarding the proposed agreement.
Approval of Agreement:
It was moved by Councilman Thorpe,
Buchheim and unanimously carried to
Provide Licensing and Regulation of
Transport Services with the County,
and City Clerk to sign the document
seconded by Councilman
approve the Agreement to
Ambulance and Convalescent
and to authorize the Mayor
on behalf of the City.
-7- 9/5/79
2
3. AWARD OF BID - ONE 8 -CUBIC -YARD DUMP TRUCK
(BOB JOHNSON GMC)
(75) Proposal:
Award of a bid to supply the City with one 8 -cubic -yard dump
truck with a 32,000 pound gross vehicle weight.
Written Communications:
Report dated September 5, 1979, from the Director of Public
Works forwarding the list of persons submitting bids.
Award of Bid:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to award the bid for purchase
of one 8 -cubic -yard dump truck to the low qualifying bidder,
Bob Johnson GMC, 2699 Atlantic Avenue, Long Beach, 90806, in
the amount of $26,891.92, and to reject all other bids.
CONSENT CALENDAR
It was moved by Councilman Schwartze 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 September 5, 1979, Warrants Nos. 17452
through 17617, inclusive, in the total amount of $235,454.06, is
approved as submitted.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
AUGUST 6, 13, AND 27, 1979
(23) The Report of Actions taken by the Equestrian Commission at
the meetings of August 6, 13, and 27, 1979, is ordered
received and filed.
3. REQUEST FOR CERTIFICATES OF USE AND OCCUPANCY
TRACT 9034 (WILSHIRE DIVERSIFIED)
(25) The request for phasing of occupancies for Tract 9034 as
(85) follows:
Phase I - the area bounded by the golf course on
the east, Avenida Larga on the north and
Via Barrida on the west;
Phase II - the area bounded by Avenida Larga on the
north and Via Barrida
and the request that occupancy be released for Phase I, is
approved, as set forth in the report from the Director of
Public Works dated September 5, 1979.
4. ACCEPTANCE OF LICENSE TO ENTER FOR STORM DRAIN
(80) The letter dated August 8, 1979, from Glendale Federal Savings
and Loan authorizing City staff to enter Glendale Federal
property to maintain the storm drain entrance structure at
9/5/79
the terminus of Calle Delgado in the Meredith Canyon
Development is accepted and the Mayor is authorized to
sign the document.
5. RESOLUTION, NOTICE OF
BONDS, TRACT 10090 (B
CON AND RELEASE OF
t P,
(38) Written Communications:
(85) Report dated September 5, 1919, from the Director of Public
Works advising that the public improvements for Tract -10090
have been.completed.and requesting r.elease.of bonds...
Acceptance of Work:
The following Resolution is adopted:
RESOLUTION NO. 79-9-5-6, COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 10090 - 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 10090
The Resolution accepts the public improvements and directs
the City Clerk to forward the Notice of Completion to the
County Recorder within 10 days.
Release of Surety:
The following bonds from American Motorist, Inc., are released
upon expiration of 35 days from the recording of the Notice
of Completion:
Bond Amount
Labor and Material (public)
No. 8SM 174 452 $126,600
Faithful Performance
(private) No. 8SM 174 454 $ 12,400
Monumentation
No. 8SM 174 453 $ 11000
The following bond from American Motorist, Inc., is extended
to September 5, 1980:
Faithful Performance
(public) No. 8SM 174 452 $126,600
6. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT -
INSTALLATION OF TRAFFIC SIGNAL, DEL OBISPO STREET
AND CALLE ASPERO"(ELECTREND, INC.)
(82) Written Communications:
Report dated September 5, 1979, from the Director of Public
Works advising that the work for installation of the traffic
signal at Del Obispo and Calle Aspero has been completed by
Electrend, Inc. The payment status is as follows:
Total Construction Cost $33,498.00
Less 10% Retnetion 3,349.80
Less Previous Payment 27,133.38
Amount Due $ 3,914.82
Acceptance of Work:
The following Resolution is adopted:
-9- 9/5/79
31
RESOLUTION NO. 79-9-5-7,.COMPLETION OF.DEL OBISPO
AND CALLE ASPERO TRAFFIC SIGNAL - 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 DEL OBISPO
AND CALLE ASPERO TRAFFIC SIGNAL
The Resolution accepts the work and directs -the City Clerk to
forward the Notice of Completion to the County Recorder within
10 days; payment is authorized to Electrend in -the amount of
$3,014.82; payment of the 10% retention is authorized 35 days
after recordation of the Notice of Completion.
7. AGREEMENT - DEFERRAL OF UNDERGROUND UTILITIES AT
31866 CAMINO CAPISTRANO AND ACCEPTANCE OF FINANCIAL SURETY
(CAPISTRANO VALLEY BAPTIST CHURCH NEGLEY)
(38) The agreement to postpone the requirement to install underground
(90) utilities at 31866 Camino Capistrano is approved and the Mayor
and City Clerk are authorized to execute the document on behalf
of the City. The financial surety, a requirement met by the
deposit with the City of a $1,000 cashier's check on August 29,
1979, is accepted.
8. APPEAL OF PLANNING COMMISSION DECISION,
ZONE VARIANCE 79-14 (FULCHER)
(92) A Public Hearing is set for September 19,-1979, on the appeal
submitted by Raymond Fulcher for property located at 31583
Aguacate Road, as set forth in the report dated September 5,
1979, from the City Clerk.
REPORT OF PLANNING COMMISSION MEETINGS OF AUGUST 14 AND 28, 1979
(67) Councilman Thorpe.questioned Items 4 and -5 on the August 14th
report relating to approval of an application for a conditional
use permit to allow a building materials and heavy construction
storage yard for an off-site, mobile sand -blasting operation
on Paseo Adelanto, and to approval of an access drive from
Del Obispo Street for Home Federal Savings and Loan, respectively.
He was advised that specific information could be provided
later in the meeting.
Mayor Friess inquired into the reasons the Swallows Inn withdrew
their application for a zone variance and conditional use permit
and was advised that the conditional use ,permit was needed for
an expansion of use and in conjunction a zone variance was
needed for additional parking. The Swallows Inn is no longer
going to expand the use and therefore, the two.applications
are no longer needed. Council requested receipt of a report
from the Land Use Coordinator to the City Attorney regarding
the status of the Swallows Inn.
It was then moved by Councilman Thrope, seconded by Councilman
Buchheim and unanimously.carried to receive and file the
remainder of the report of Commission actions of August 14
and 28, 1979.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS OF
AUGUST 2 AND 16, 1979
(23) It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to receive and file the
Report of Actions of August 2 and 16, 1979.
(25) Councilman Thorpe inquired about the access available to the
(85) first three phases of the tract and was advised that access
-10-
9/5/79
32
will be off Calle Arroyo only, residents will not be driving
through the construction area.
It was moved by Councilman Thorpe; seconded by Councilman
Buchheim and unanimously carried to approve the following
occupancy phasing of the 27 lots in the easterly portion
of Tract 8485, as set forth in the report dated September 5,
1979, from the Director of Public Works:
Phase I - Lots 23 and 24
Phase II - Lots 52-58
Phase III - Lots 45-51 and 59-69
Occupancy is not requested at this time.
Mayor Friess noted missing valve covers on Calle Arroyo in
the vicinity of Via Estenaga and Via Cordova; the Director
of Public Works will investigate the situation.
APPROVAL OF FINAL PARCEL MAP, DIVISION OF LAND 78-3 (HONEYMAN)
(85) Following discussion regarding the timing of the zone change
and issuance of building permits in relation to approval of
the Final Map, it was moved by Councilman Thorpe, seconded
by Councilman Hausdorfer and unanimously carried to approve
the Final Parcel Map for Division of Land 78-3, with the
determination that the Map is consistent with the General
Plan and in substantial compliance with the approved tentative
map.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. POLICY FOR ISSUANCE OF USE AND OCCUPANCY PERMITS
(69) Written Communications:
Report dated September 5, 1979, from the City Manager,
forwarding a proposed policy on issuance of use and occupancy
permits.
Amendment of Policy:
Staff was directed to amend and resubmit the policy for the
Council meeting of September 19th, to read as follows:
"It is a policy of the City Council that staff
shall forward for Council consideration requests for
Use and Occupancy Permits in tracts if all of the
public improvements and required landscaping and
slope improvements in the entire tract or previously
approved phases have not been completed.
"Staff shall have the authority to issue Use and
Occupancy Permits in tracts if all of the public
improvements and required landscaping and slope
improvements in the entire tract or previously
approved phases have been completed."
2. REPORT ON EMPLOYMENT OF ZONING ADMINISTRATOR
AND PLANNING CONSULTANT
(68) Proposal:
(37) Approval
position
Planning
of the concept of establishment of a Zoning Administrator
and expenditure of up to $3,000 for services of a
Consultant to review planning processes and procedures.
Written Communications:
Report dated September 5, 1979, from the City Manager,
recommending approval of the concept of the Zoning Administrator
position, and that a planning consultant be hired to review
the planning processes and procedures.
-11- 9/5/79
Council Discussion:
The City Manager advised that additionalmeetings with the
Planning Director and staff will be held prior to the next
Council meeting; that there is not a clear picture of the
duties and functions of the position; and, that additional
information could be provided, along with a salary recommenda-
tion at the September 19th meeting.
Council discussed specific duties such as holding hearings
on routine Planning matters, and additional duties and
functions that could be assigned to the position, such as
working on and/or issuing Negative Declarations and focus
environmental impact reports. Further discussion ensued
regarding the need for secretarial help for the Zoning
Administrator position, and Councilman Thorpe requested
that it be addressed in terms of using current secretarial
staff on a half-time basis or hiring someone on a half-time
basis.
Councilman Thorpe suggested that the planning consultant be
hired to review not only the planning department processes
and procedures, but to establish a structure for the Zoning
Administrator position and after the position is filled,
returning to help implement the position.
Approval of Concept of Zoning Administrator Position
and Hiring of Planning Consultant: 1. . -
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to approve the concept of
establishing a Zoning Administrator position and to instruct
the City Manager to present a salary recommendation at the
meeting of September 19; and, to approve the concept of
hiring a planning consultant to review planning processes
and procedures, including initial establishment of a Zoning
Administrator position and subsequent implementation of the
position, at a cost not to exceed $3,000.
CITY CLERK
1. STATUS REPORT - LIBRARY FUND
(52) Written Communications:
Report dated September 5, 1979, from the City Clerk for the
Bookmarks, advising that the third fund-raiser to benefit the
San Juan Capistrano Library Fund, held August 26th at the
Crean Ranch, netted $3,995.71.
Participants Commended:
The City Clerk advised that an additional $20 had been received,
which brings the total netted from the event to over $4,000.
Mayor Friess expressed his appreciation to the Creans,
Mr. Blackwell, the service clubs and the Bookmarks for their
efforts in the event and commended all participants who worked -
to make it a success.
With the concurrence of Council, Mayor Friess directed that the
report be received and filed.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT - MEREDITH CANYON LANDSCAPING,
TRACTS 8087 AND 8319
(85) Written Communications:
Report dated September 5, 1979, from the Director of
Community Planning and Development regarding current status
of the landscaping repairs.
-12- 9/5/79
34
With the concurrence of Council, Mayor Friess directed that
the report be received and filed, and that the report on
September 19th contain information regarding the time schedule
for landscaping of the two areas at the ends of Via de Agua
and Calle Delgado.
2. GUIDELINES FOR CONTRACTUAL PLANNING SERVICES
(68) Proposal:
(37) Approval of a guideline for managing the workload of the
Planning Department through the use of outside contractual
services pursuant to a workload management concept approved
by Council on August 1, 1979.
Written Communications:
Report dated September 5, 1979, from the Director of Community
Planning and Development, forwarding a definition of the
development review process, a priority plan and guidelines
for use of outside planning services, as well as a list of
major projects ready to be processed under the new system.
Council Discussion:
In response to Mayor Friess, Mr. Merrell advised that a policy
could be instituted whereby Council would be apprised of all
applicants who elect to pay for outside consultant services.
Councilman Thorpe suggested that consideration be given to
agenda management so that workloads are not unreasonable and
that the applicant be fully aware that paying for outside
services will not guarantee priority placement on Commission
agendas. Mayor Friess requested that the City Manager address
in his report regarding Commission procedures a consideration
of a maximum workload for Commissions. Mr. Merrell suggested
an additional statement in the Guidelines that when a project
is ready to enter the decision-making stage Commission agenda
availability will be determined by the Director and the
Chairman. Councilman Thorpe suggested a two-stage process,
wherein the first meeting is for review and receipt of informa-
tion; the second meeting would be for making decisions.
Councilman Thorpe further suggested that Item C.l.c should
be strengthened by inserting "not" instead of "avoid" in
the following sentence: "In making the selection, the
Director should not use firms who have clients with development
projects_in the City of San Juan Capistrano or which expect
to do work for such clients."
Approval of Concept Guidelines:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve .the proposed
guidelines with the changes suggested, and to authorize staff
to implement them.
RECESS AND RECONVENE
Council recessed at 8:55 P.M., and reconvened at 9:12 P.M.
PLANNING COMMISSION ACTIONS OF AUGUST 14, 1979
(67) Councilman Thorpe advised that his questions regarding
Items 4 and 5 of the Report had been answered and moved
approved of the Report. The motion was seconded by Councilman
Hausdorfer and unanimously carried.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. PROJECT REPORT AND EIR, SAN JOAQUIN HILLS CORRIDOR STUDY
(44) Proposal:
Route selection for the proposed San Joaquin Hills Transportation
Corridor which will extend from Newport Beach to the area of
-13- 9/5/79
35
Avery Parkway and I-5, for submission to the Orange County
Planning Commission and Board of Supervisors.
Written Communications:
Report dated September 5, 1979, from the Director of Public
Works, forwarding the recommendations made by the Traffic
and Transportation and Planning Commissions.
Council Discussion:
Councilman Schwartze advised of his concern with the effects
on the City's circulation, the growth inducing impacts and
the negative environmental impacts. The Council discussed
the impacts on the proposed National Urban Park, right-of-
way acquisition, possible use of the corridor by bus and
rail as well as cars. _
City's Position on Route:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer to forward a recommendation to the Orange County
Planning Commission and the Board of Supervisors that the
interconnection between the proposed San Joaquin Corridor
and the I-5 freeway in the area just north of the City be
considered in the area in and around the Crown Valley Parkway
due to the negative environmental impacts which would occur
in the northern area of the City which could be mitigated by a
connection at Crown Valley; and, to stress specific areas of
concern, as follows:
(a) the adverse effects of the alternate alignments on
the City's ability to implement the Circulation
Element of the General Plan;
(b) the growth -inducing impact of the increased transpor-
tation accessibility provided by the proposed corridor
on the City's capacity to provide municipal services;
(c) the visual impacts of each alternate on the valley,
specifically on the ridgelines;
(d) the visual impact of any proposed freeway overpass
needed to implement the alternate alignments;
(e) the effect of traffic volumes and the concurrent noise,
safety, air quality and other relevant impacts of the
project on the City;
(f) possible impacts on Village San Juan should the proposed
corridor result in I-5 lane widening on both sides
of the freeway;
and to indicate the City's willingness to work on the transpor-
tation problems in the area.
The motion was subsequently amended to indicate that while the
City's preference is that the corridor not connect into this
segment of the County in the manner proposed, lines 24 and 27
would be the most preferable. The motion carried unanimously.
Mayor Friess suggested that the local newspapers advise
residents of the proposed corridor and Council's concerns
and that interested persons may contact Council or staff for
additional information. The Director of Public Works advised
that three public workshops have been held and that the
County has been regularly corresponding with Village San Juan.
-14-. 9/5/79
36
2. STATUS OF VIA ESTELITA EXTENSION - BEAR BRAND RANCH
(83) Proposal:
Review of funding alternatives for the Via Estelita extension
and improvements.
Written Communications:
(1) Report dated September 5, 1979, from the Director of
Public Works advising that the improvements will be
necessary due to approval of the Bear Brand Ranch;
that through agreements with the City, certain
property owners are responsible; and suggesting
various funding methods.
(2) Letter to property owners, dated August 31st, from the
Director of Public Works advising of the status of the
- construction and funding of Via Estelita and that
special meetings will be held to discuss funding.
(3) Letter dated August 31st from G. Richard Spaulding,
regarding distribution of the funding improvements.
(4) Letter dated September 5, 1979, from Robert O. Hill,
Bear Brand Ranch, regarding deletion of storm drain
improvements.
The Director of Public Works advised that at this time direction
is requested from Council regarding whether improvements should
be funded by the property owners; whether the City should
expend the funds and recoup them at a later date; or whether
an assessment district might be advisable.
Sandy Sanderson, property owner, advised of his feeling that
the allocation of expenditures is inequitable; that the Bear
Brand Ranch should be paying more; that he does not object
to proportionate funding of the road improvements, but does
object to funding sewer improvements the area does not need.
Council Discussion:
There was a general consensus that an assessment district would
not be appropriate at this time; that sewer construction charges
levied against property owners who would not tie into it is
unreasonable. It was suggested that the Bear Brand Ranch be
required to fund more of the improvements; that if the City
does expend the funds now, repayment be guaranteed when
property develops; that the cost could now be split between
the City and owners of developed property.
With the concurrence of Council, Mayor Friess directed that the
report be received and filed. Further reports will be
forthcoming pending meetings with the property owners.
3. STATUS OF HEAD START PRE-SCHOOL RELOCATION
(38) Written Communications:
(39) Report dated September 5, 1979, from the Director of Public
Works, forwarding a status report on the relocation of the
Head Start Program to City property at 32506 Paseo Adelanto.
Following disucssion wherein the Director of Public Works
was directed to have grading for the Community Garden done
concurrently with grading for the project, Mayor Friess
directed that the report be received and filed.
-15- 9/5/79
37
4.
MON
DEVELOPMENT FEES -
(93) Written Communications:
Report dated September 5, 1979, from the Director of Public
Works forwarding a request from the Ortega Properties for
postponement of development fees for Tentative Parcel Map 856
until construction permits for the first phase of the develop-
ment are received. The request is submitted to relieve a
financial burden that may occur since on-site construction
may not begin until the public improvements in conjunction
with Assessment District 78-3 are installed.
Approval of Request:
Following clarification that the postponement of fees will _
not affect the reimbursement agreement with the Maurer -Elliott
Company, it was moved by Councilman Schwartze, seconded by
Councilman Hausdorfer and unanimously carried to direct the
City Engineer to defer payment of development fees for Parcel
Map 856 subject to the following conditions:
(1) a suitable guarantee of future payment of development
fees is provided and accepted by the City Engineer
prior to approval of Parcel Map 856;
(2) Ortega Properties agrees to pay all required fees for
Parcel Map 856 prior to acquiring grading permits for
any property within the legal boundary of Assessment
District 78-3;
(3) a letter acknowledging this requirement must be
provided and accepted by the City Attorney prior to
approval of Parcel Map 856.
5. CONCURRENCE WITH AGREEMENT - DANA POINT SANITARY DISTRICT -
MOULTON NIGUEL WATER DISTRICT - USE OF SANITARY CAPACITY
(79) Written Communications:
Report dated September 5, 1979, from the Director of Public
Works, requesting concurrence with an agreement to allow
the Moulton Niguel Water District to lease .4 MGD capacity
from the Dana Point Sanitary Dsitrict for a period of up to
five years.
Concurrence with Agreement:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to authorize the Mayor to
execute a letter of written consent to the agreement, pursuant
to the Joint Powers Agreement of SERRA requiring consent of
member agencies before capacity rights are transferred.
COMMISSIONS, BOARDS, COMMITTEES
TRAFFIC AND TRANSPORTATION COMMISSION
1. REQUEST FOR DEDICATION OF ALLEY, LOT NO. 5,
TRACT 7194 (CAPISTRANO VILLAS HOMEOWNERS ASSOCIATION)
(85) Proposal:
A request from the Capistrano Villas Homeowners Association to
dedicate an alley in Tract 7194 to obtain parking enforcement.
Written Communications:
Report dated September 5, 1979, from George Alvarez, Secretary,
Traffic and Transportation Commission, forwarding the Commission's
recommendation of denial.
-16- 9/5/79
William Foreman, 26573 La Zanja, addressed the Council in
support of the dedication.
Following discussion regarding the City's policy of
non-acceptance of alleys and parking problems associated
with private streets and alleys, Mayor Friess directed the
City Attorney to report at the next meeting regarding
methods of enforcing parking regulations other than dedication.
ECONOMIC DEVELOPMENT COMMITTEE
1. RECOMMENDATIONS FOR AREA "A" OF CENTRAL BUSINESS DISTRICT
(68) Proposal:
Initiation of either a PC (Planned Community) or SP (Special
District - Precise Plan) zoning for Area "A" of the Central
Business District, located south of Del Obispo, west of the
freeway and east of Camino Capistrano. The initiation would
be required for the planning and development of a unified
shopping center and district regulations. Under the PC zoning
the property owners incur the cost for preparation of the
master plan and district regulations; the SP zoning would
be initiated when the property owners are not able to finance
the preparation of the plan.
Written Communications:
Report dated September 5, 1979, from the Director of Community
Planning and Development forwarding the recommendations of
the Economic Development Committee to modify the boundaries
of Area "A" and to initiate a rezone of the property.
The following persons addressed Council:
(1) Winn Lievsey, agent of the owner of the property located
at the southernmost tip of the area, addressed Council
in opposition to the proposed new zoning; to request
a preferred direction for development; stressed the
porperty owner's desire to begin development proceedings.
(2) Ted Stroschein, representing the Stroschein Ranch,
advised that there is a 12 -year lease on the Drive -In
property; that the Stroschein Ranch will not participate
financially if the changes are initiated; objected to
the proposed new zoning.
(3) Lynn Geronime, associate of Robert Dolley, property
owner, concurred with previous statements and advised
that Mr. Dolley is ready to develop and willing to work
with existing committees.
Council Discussion:
Council discussed their concerns with regard to phasing of the
project, development of small-business stores before development
of a larger "anchor" store, circulation, land use and access,
and objection to the use of City time or money to master plan
the area. In response to Council, Mr. Merrell advised that
a precise plan could address access and traffic control points
without addressing building placement and use.
Access, Traffic Control, Internal Circulation:
With the concurrence of Council, the Director of Community
Planning and Development was directed to submit a more definitive
report with steps for developing plans for access, traffic
control and internal circulation at the September 19th Council
meeting; a new zoning designation will not be initiated at
this time.
-17- 9/5/79
4F
PUBLIC FACILITIES COMMITTEE
1. PROPOSED ACQUISITION OF CIVIC CENTER SITE -
CAPISTRANO UNIFIED SCHOOL DISTRICT PROPERTY
(34) Proposal:
(78) Approval of a proposal for submittal to the Capistrano Unified
School District Board which incorporates plans for the purchase
and lease of School District property for civic center use,
identification of school sites for the School District and
future implementation of Senate Bill 201.
Written Communications:
Report dated September 5, 1979, from Councilman James Thorpe,
Chairman of the Public Facilities Committee, forwarding a
proposal for a 99 -year lease of the Capistrano Union High
School site, which would be used jointly by the City and
CUSD Administration, and City purchase of Buchheim Field
at $560,000; City purchase of the San Juan Elementary
School site at $480,000; City provisions of a new elementary
school site and investigation for a new 40 -acre high school
site in the City; and, enactment of Senate Bill 201 when an
agreement is approved by the City and the School District.
Approval of Proposal:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve the proposal
submitted by the Public Facilities Committee and direct that
the proposal be submitted to the Capistrano Unified School
District.
COUNCIL REMARKS
1. SLOPE VEGETATION - LAS BRISAS
(85) Councilman Buchheim noted that the slope vegetation on Camino
Capistrano in the Las Brisas development needs attention.
2. COUNCIL/PUBLIC WORKS STAFF MEETING
(32) Councilman Thorpe suggested a meeting be held between the
(74) members of the City Council and the Public Works staff.
3. LEAGUE OF CALIFORNIA CITIES MEETING
(61) Councilman Thorpe requested a reservation be made for his
attendance at the next League of Cities meeting with the
Board of Supervisors.
4. PLANNING DEVELOPMENT AND CREATIVE TRANSITION COURSE
(32) Councilman Thorpe advised he will attend a course at UCI
titled Planning Development and Creative Transition and
suggested other Councilmen may wish to attend when he is
unable to.
5. NATIONAL PARKS AND RECREATION
(62) Councilman Thorpe advised he will attend the National Parks
and Recreation Conference in New Orleans this year and suggested
Council attendance at various types of conferences.
6. THE RANCH
(85) Councilman Thorpe requested a schedule of the extension of
Ganado Road into Rancho Viejo Road in The Ranch development.
-18- 9/5/79
Mc
7. ENVIRONMENTAL REVIEW BOARD - ADDITION OF MEMBERS
(32) Councilman Thorpe suggested consideration of adding a Council
Member and Planning Commissioner to the staff of the
Environmental Review Board.
8. TRAFFIC SIGNAL - ALIPAZ STREET/PASEO ADELANTO
(82) Councilman Hausdorfer suggested the signals at Alipaz Street
and Paseo Adelanto be coordinated and was advised that when
all the equipment is received, the signals will be coordinated.
9. VIA DE AGUA
(80) Councilman Hausdorfer noted the water
advised that construction has begun to
the storm drain.
10. LETTER TO AREA HOMEOWNERS
on Via de Agua and was
route the water into
(32) Councilman Hausdorfer inquired if there were a precedent for
Council Members to send letters to homeowners for their
information. Following a brief discussion, it was determined
that there was no precedent for the action.
11. LEASE AGREEMENT - MOBILE HOME PARK
(23) Councilman Schwartze noted receipt of a letter and lease
agreement from a mobile home park and requested the City
Attorney prepare a report addressing the issues raised in
the letter in terms of the City's mobile home ordinance, with
possible review by the Mobile Home Park Review Board.
12. STOCK COOPERATIVES - SENATE BILL 823
(85) Councilman Schwartze noted receipt of a letter from the City
of Fullerton supporting Senate Bill 823 which amends the
definition of subdivision, under the Subdivision Map Act,
to include stock cooperatives, and requested a Resolution
of support be prepared for the meeting of September 19.
13. NEWS ARTICLE
(32) Councilman Schwartze noted his objection to a news article
inferring a conflict of interest on the Bathgate project.
14. LEAGUE OF CALIFORNIA CITIES RESOLUTIONS
(61) Councilman Schwartze advised that the book of Resolutions for
the upcoming League of California Cities meeting in San
Francisco is available.
15. LEAGUE OF CALIFORNIA CITIES - ORANGE COUNTY DIVISION
(61) Mayor Friess noted a League breakfast meeting. Councilmen
Hausdorfer, Schwartze, Thorpe and Mayor Friess will attend.
16. RETIREMENT COMMITTEE REPORT
(23) Mayor Friess noted receipt of a report from the Retirement
Committee and was advised that a second report will be forth-
coming.
17. CONDITIONAL USE PERMIT 79-5, INITIATION OF REVOCATION
PROCEEDINGS (HOFFMAN STABLES)
(39) Mayor Friess noted that occupancy has taken place prior to
completion of required improvements on the Hoffman property
located on San Juan Creek Road. It was moved by Councilman
-19- 9/5/79
41
Thorpe and seconded by Councilman Schwartze to begin
revocation proceedings. The motion carried by the following
vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: Councilman Buchheim
ABSENT: None
Councilman Thorpe suggested a stricter policy on compliance
with Conditional Use Permit requirements.
EXECUTIVE SESSION
Council recessed to Executive Session at 11:52, the City Clerk
being excused therefrom, and reconvened at 12:05 a.m., Thursday,
September 6, 1979.
PERSONNEL - APPROVAL OF MEMORANDA OF UNDERSTANDING
(66) Classified Employees:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the Memorandum
of Understanding between the Employee Relations Officer and
the City Employees Association dated September 5, 1979, for
the period July 1, 1979, through June 30, 1980. The Memorandum
includes provisions for cost of living salary increase effective
July 1, 1979, a study of the present medical -dental plan, review
of the personnel rules, unused sick leave compensation, contri-
bution to the retirement system based on action of the County
Board of Supervisors, provisions for personal emergency leave,
and an increase in mileage reimbursement.
Management Employees:
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze to approve the Memorandum of Understanding between
the Employee Relations Officer and Management Employees dated
September 5, 1979, for the period July 1, 1979, through June 30,
1980. The Memorandum includes the same benefits granted to
classified employees and additional vacation leave, life
insurance coverage, and automobile allowances. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:10 a.m., Thursday, September 6, 1979, to the next
regular meeting date of Wednesday, September 19, 1979, at 7:00 p.m.
in the City Council Chamber.
ATTEST:
Respectfully submitted,
KENNETH E. FRIE S, MARY ANN H�FOVER, CITY CLERK
-20- 9/5/79