79-0919_CC_Minutes_Regular Meeting42
SEPTEMBER 19, 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 Councilman Gary
Hausdorfer.
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: E. Phillip Hale, Assistant City Manager/Director
of Administrative Services; William D. Murphy, Director of Public
Works/City Engineer; Thomas G. Merrell, Director of Community
Planning and Development; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk.
MINUTES
Adjourng
ed Rer Meeting of August 29, 1979:
It was moved byulaCouncilman Schwartze, seconded by Councilman
Hausdorfer that the Minutes of the Adjourned Regular Meeting of
August 29, 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 September 5, 1979:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of September 5,
1979, be approved as submitted. The motion carried by the
following vote:
AYES: Councilman Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Thorpe
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
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43
ORAL COMMUNICATIONS
1. CONSTRUCTION NOISE, PACIFIC TELEPHONE BUILDING ADDITION
(72) Mike Corbett, 32781 Avenida Descanso, read a letter signed
by nine residents stating that construction of an addition
to the telephone company building on Camino del Avion has
repeatedly started prior to 7:00 A.M. and has also occurred
on Sundays in violation of the Land Use Management Code.
Mr. Corbett requested City assistance in bringing the
contractor into compliance with noise control regulations.
The Director of Public Works confirmed the occurrences and
advised that an inspector is scheduled to be at the site
at 7:00 A.M., on September 20 and will stop the work if
there is any activity before that time.
Council concurred with the proposed action and it was
moved by Councilman Thorpe, seconded by Councilman Hausdorfer
and unanimously carried that if there are any further viola-
tions, a Stop Work Order is to be issued, said Stop Work
Order to be lifted by Council action only.
WRITTEN COMMUNICATIONS
1. PETITION FOR APPROVAL OF DIAGONAL PARKING
(CAM TTTATT ODF'T V AMWT.VMT0 / TTTDi
(72) Council received copies of a letter dated August 30, 1979,
(64) from Thomas W. Murphy, General Manager, San Juan Creek
Athletic Club, forwarding a petition with approximately
250 signatures in support of diagonal parking in front of
the Club at 33061 Camino Capistrano.
2
The Director of Public Works advised that adequate parking
exists on the site and that parallel parking signs are to
be installed on Camino Capistrano in compliance with regula-
tions for arterial highways.
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to receive and file the
letter and petition and to direct staff to proceed with the
"parallel parking" signing program.
T FOR
(76) Council received copies of a letter dated August 30, 1979,
from Raymond T. Belardes, Spokesman for the Juaneno Band of
Mission Indians, P. O. Box 1382, San Juan Capistrano, requesting
receipt of copies of all EIR's processed by the City and notices
of all City Council and Planning Commission hearings. An
additional letter was received from Mr. Belardes dated
September 15 and authorizing Marie Patterson to speak in
his behalf.
Mrs. Patterson advised that the Band's intent is to evaluate
properties and provide input on ethno-archaeological findings
early in the EIR process.
Environmental Impact Reports:
There was a consensus of Council that the Band receive
information on EIR's at the time of writing with an invitation
to submit comment for inclusion in the Reports.
Agenda Mailing/Waiver of Fees:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried that the Juaneno Band be added
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to the mailing lists
Agendas and that the
waived.
3. REQUEST FOR
��
of City Council and Planning Commission
payment of fees for such mailing be
TO LAND
CODE
G
(25) Council received copies of the following correspondence:
(55)
(1) Letter dated September 11, 1979, from Pacific Soils
Engineering, Inc., 17909 Fitch, Irvine, 92714, recom-
mending revision of Section 4.1.12b of the Land Use
Management Code to eliminate requirements for con-
struction of interior down drains in all slopes due to
stability hazards.
(2) Letter dated September 11, 1979, from the Association
of Engineering Geologists, Box 4215, Glendale 91292, in
support of the requested Code revision.
Referral to Planning Commission:
There was a consensus of Council that the information be
forwarded to the Planning Commission for review and recom-
mendation.
4. TENTATIVE PARCEL MAP NO. 851 - REQUEST FOR RECONSIDERATION
(85) Council received copies of a letter dated August 28, 1979,
from John Collins, developer of the Alpha Beta Shopping
Center, requesting reconsideration of the Tentative Parcel
Map denial.
Hearing Date:
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried that a Public Hearing be
scheduled for the Council meeting of October 17, 1979, on
the proposed land division.
PUBLIC HEARINGS
1. ZONE VARIANCE 79-14 - APPEAL OF PLANNING COMMISSION
(92) Proposal:
An appeal of the August 14th Planning Commission denial of
Zone Variance Request 79-14, the construction of a 6 -foot
high fence along the front and side property lines at 31583
Aguacate Road.
Applicant:
Ray Fulcher, 31583 Aguacate Road.
Written Communications:
Report dated September 19, 1979, from the Director of Community
Planning and Development.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened
the Public Hearing, and the following persons responded:
(1) Dave Colg, representing the applicant, submitted
photographs for Council review and copies of letters
from 4 neighboring residents in support of the variance
request. Mr. Colg cited special findings in support of
the request, including smaller lot size, mature trees,
cost of the fence and the private street; the preserva-
tion of privileges enjoyed by others such as possible
tree removal; and public welfare; and noted that the
neighbors are not opposed to the fence.
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There being no further response, Mayor Friess closed the
Public Hearing.
of Zone Variance, With Condition:
it was movea by Councilman Hausdorfer and seconded by Councilman
Schwartze to approve Zone Variance request 79-14 with the
condition that the trees at the intersection of Aguacate Road
and Sacarama Road be trimmed to improve visibility. The motion
carried by the following vote:
AYES: Councilman Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
Report on Variance Requests:
Council concurred with Councilman Schwartze that staff provide
a report within the next two months on the types of variance
requests received most frequently and whether they have been
approved or denied for consideration of possible amendments
to the Code.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 389 -
ISE FEES
(43) The City Attorney read the title of the Ordinance next in
(55) order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was regularly introduced
at the meeting of September 5, 1979. It was moved by Councilman
Buchheim and seconded by Councilman Schwartze that the following
Ordinance be adopted:
ORDINANCE NO. 389, AMENDING ORDINANCE NO. 149,
FRANCHISE FEE (TM COMMUNICATIONS) - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 14 OF ORDINANCE NO. 149, AN
ORDINANCE GRANTING TM COMMUNICATIONS A NON-EXCLUSIVE
CABLE TELEVISION FRANCHISE
The motion carried by the following vote:
AYES: Councilman Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. ADOPTION OF ORDINANCE NO. 390 -
(43) The City Attorney read the title of the Ordinance next in
(55) order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was regularly introduced
at the meeting of September 5, 1979. It was moved by Councilman
Buchheim and seconded by Councilman Hausdorfer that the following
Ordinance be adopted:
ORDINANCE
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
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The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: Councilman Schwartze
ABSENT: None
3. RESOURCE EXTRACTION FEES
INTRODUCTION OF ORDINANCE NO. 391
(55) Proposal:
Establishment of mineral extraction fees to compensate the
City for the exploitation and removal of natural resources
from the community.
Written Communications:
Report dated September 19, 1979, from the Director of
Community Planning and Development forwarding a proposed
ordinance and fee schedule resolution.
Mayor Friess requested information on the approximate value
of sand and gravel per ton in order to evaluate the proposed
fee schedule; Councilman Thorpe suggested the fees may be
too low.
Introduction of Ordinance No. 391:
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 Schwartze that the following
Ordinance be introduced:
ORDINANCE NO. 391, MINERAL EXTRACTION FEES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REGULATING AND ESTABLISHING THE PERMITS
AND FEES REQUIRED FOR THE EXTRACTION OF MINERALS
AND SUPPLEMENTING ORDINANCE NO. 25 AND NO. 365
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The proposed Resolution will be resubmitted at the time of
adoption of the Ordinance.
RESOLUTIONS
1. ANNUAL REQUALIFICATION - ARTERIAL
HIGHWAY FINANCING PROGRAM
(44) Proposal:
A request to the County of Orange for requalification in the
Arterial Highway Financing Program. At present the only
inconsistencies between the City Master Plan of Streets
and Highways and the County's Master Plan are the extension
of Junipero Serra from Alipaz Street to Golden Lantern and
Horno Creek Road from La Pata to Rancho Viejo Road. A
task force has been appointed to study the proposed extensions
and, following completion of the study in 1980, a recommendation
will be made to the Board of Supervisors.
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4'7
Written Communications:
Report dated September 19, 1979, from the Director of
Public Works.
Approval of Requalification Request:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution requesting the County
of Orange to include the City in the County Arterial Highway
Financing Program be adopted:
RESOLUTION NO. 79-9-19-1, ARTERIAL HIGHWAY FINANCING
PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING
ANNUAL REQUALIFICATION FOR PARTICIPATION IN THE COUNTY'S
ARTERIAL HIGHWAY FINANCING PROGRAM
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. APPROVAL OF MASTER PLAN OF WASTEWATER FACILITIES
AND REPEAL OF RESOLUTION NO. 71-8-23-1
(79) Proposal:
Approval of a revised, updated General Plan Waste Disposal
Element report titled "Master Plan of Wastewater Facilities."
The Planning Commission recommended approval on September 11,
1979.
Written Communications:
Report dated September 19, 1979, from the Director of Public
Works forwarding the report and a resolution of approval.
Approval of Plan:
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-9-19-2, APPROVING MASTER PLAN OF
WASTEWATER FACILITIES - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE MASTER PLAN OF WASTEWATER FACILITIES OF THE CITY OF
SAN JUAN CAPISTRANO AND REPEALING RESOLUTION NO. 71-8-23-1
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
3. SUPPORTING SENATE BILL 823 - STOCK COOPERATIVES
(51) Proposal:
Support of Senate Bill 823, authored by Senator Petris,
which would bring stock cooperative conversions under the
provisions of the Subdivision Map Act. Cities would then
have the authority to disapprove the conversion of apartments
to stock cooperatives if such plans would adversely affect
the supply of low and moderate income housing in the community.
9/19/79
V4J
Written Communications:
Report dated September 19, 1979, from Loretta Zimmerman,
Assistant to the City Manager, forwarding a proposed
resolution of support.
Approval of Support:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution be adopted:
NO. 79-9-19-3, SUPPORTING SENATE BILL 823 -
STOCK COOPERATIVES - A RESOLUTION Uk'THE UITY UUUNUIJ, U
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING
SENATE BILL 823, STOCK COOPERATIVES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
(69)
Proposed Policy Statement, Conversion of Apartments:
There was Council concurrence
with the suggestion of Councilman
Thorpe that the City Attorney
draft a policy statement for
consideration by the Planning
Commission for interim use
pending legislative action on
Senate Bill 823, including a
disclaimer that conversion of
apartments to condominiums,
stock cooperatives, etc., shall not occur in any situation where
such conversions were not anticipated at the time of project
approvals.
BIDS,
CONTRACTS, AGREEMENTS
1.
MONTANEZ ADOBE - AWARD OF BID
FOR LANDSCAPE SERVICES
(23) Written Communications:
Report dated September 19, 1979, from Pamela Hallan, Secretary,
Cultural Heritaae Commission.
Award of Bid:
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to award the bid for landscape
services at the Montanez Adobe to the low bidder, South
Coast Landscape Services of Mission Viejo, in the amount of
$2,980, and to reject all other bids received. The project
includes weeding, pruning, clean-up, and removal of ivy.
On-going maintenance will be assumed by the City.
2. RESTORATION OF PARRA ADOBE - APPROVAL OF PLA
10"y
(23) Written Communications:
Report dated September 19, 1979, from Pamela Hallan, Secretary,
Cultural Heritage Commission.
Approval of Plans:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the plans and
specifications and authorize a call for bids
of the Parra Adobe, a building listed on the
Register of Historic Places.
for restoration
National
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49
CONSENT CALENDAR
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated September 19, 1979, Warrants Nos. 17618
through 17717, inclusive, in the total amount of $149,331.77,
is approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF AUGUST 31, 1979
(41) The City Treasurer's Report of Investments as of August 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 August 31, 1979, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF JULY 31, 1979
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the 1 -month period ending July 31, 1979, is approved as
submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
(23) The Report of Actions taken by the Cultural heritage Commission
at the meeting of September 4, 1979, is ordered received and
filed.
6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
SEPTEMBER 11, 1979
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of September 11, 1979, is ordered received and
filed.
7. APPROVAL OF EXTENSION OF TIME - MISSION BELL PARK LANDSCAPING
(PLANT CONTROL CORPORATION)
(62) A 60 -day extension of time to November 27, 1979, is approved
for completion of the Mission Bell Park landscaping project
by Plant Control Corporation to allow time for the plants to
become established.
8. ACCEPTANCE AND QUITCLAIM OF EASEMENT DEEDS FOR
(85) The two easement deeds from the Fredricks Development Corporation
(73) for equestrian purposes over Lots 31 and 35-43 of Tract 6381
are accepted. The quitclaim deed from the City to Fredricks
Development Corporation for a 20 -foot equestrian easement over
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50
portions of Lots 31 and 35-43 is approved. The deeds are
necessary for relocation of the equestrian trails due to
the improvements of the Mission Hills equestrian facility
in Tract 6381 and a minor trail modification, as set forth
in the report dated September 19, 1979, from the Director
of Public Works.
9. STATUS REPORT - NATIONAL FLOOD INSURANCE ACT
(89) The document entitled "Flood Insurance Study, City of San Juan
Capistrano," which establishes areas subject to flood in a
100 -year storm, as well as flood insurance zones, is received
and filed. No action is required at this time, as noted in
the report from the Director of Public Works dated September 19,
1979.
10. AUTHORIZATION TO RECEIVE PROPOSALS - MONTANEZ ADOBE
(23) Staff is authorized to receive proposals for the restoration
of the Montanez Adobe, as set forth in the report dated
September 19, 1979, from Pamela Hallan, Secretary, Cultural
Heritage Commission, which forwards the Request for Proposals
for the restoriation of the Adobe and a detailed cost breakdown.
REPORT OF PLANNING COMMISSION MEETING OF SEPTEMBER 11, 1979
(67) Following clarification that Tract 9339 would be heard by
Council, it was moved by Councilman Buchheim, seconded by
Councilman Thorpe and unanimously carried to receive and file
the Report of Actions taken by the Planning Commission at the
meeting of September 11, 1979. Councilman Thorpe requested
receipt of comparative statements on apartment and minimum use
when the item is submitted to Council.
REQUESTS FOR CERTIFICATES OF USE AND OCCUPANCY,
TRACT 7616 (HOME DESIGN CENTER)
(25) Following clarification, it was moved by Councilman Hausdorfer,
(85) seconded by Councilman Buchheim and unanimously carried to
approve the request for phasing of occupancy, as follows:
Phase I - Lots 7-18; Phase II - Lots 19-27. Upon completion
of the public improvements and landscaping, the Director of
Public Works is authorized to issue Certificates of Occupancy
for Phase I, as set forth in the report dated September 19,
1979, from the Director of Public Works.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. CLARIFICATION OF CITY COMMISSION AND BOARD STATUS
(67) Written Communications:
(23) Report dated September 19, 1979, from the City Manager,
requesting that Council consideration of a proposed expansion
of the Planning Commission and proposed appointments of a
Councilman and Planning Commissioner to the Environmental
Review Board be held over to the meeting of October 3.
Mayor Friess requested that Council take action to clarify
the status of membership on the City's various Commissions
and Boards. It was moved by Councilman Schwartze, seconded by
Councilman Buchheim and unanimously carried that no Commission,
on-going Committee or Board is to be terminated, eliminated
or combined for a period of at least six months and that no
such action will be taken by the City Council without prior
public discussion.
-9- 9/19/79
5 Council further clarified that the Council aim is to evaluate
the entire development review process to improve efficiency
and that there is no intent to alter the goals of the City.
2. COUNCIL POLICY FOR ISSUANCE OF OCCUPANCY PERMITS
(69) Written Communications:
(25) Report dated September 19, 1979, forwarding a formal policy
statement for the issuance of Use and Occupancy Permits, as
directed by Council on September 5, 1979. It was moved by
Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to adopt the following policy:
"SUBJECT EFFECTIVE DATE PAGE
Issuance of Use and September 19, 1979 1 of 1
Occupancy Permits
"It is a policy of the City Council that Staff shall forward
for Council consideration requests for Use and Occupancy
Permits under the following conditions:
(1) If all of the public improvements in the entire
tract or previously approved phases have not been
completed; and/or
(2) If all of the landscaping and slope improvements in
the entire tract or previously approved phases have
not been completed;
provided that all other requirements for such Permits have
been met or progressed to a state of completion satisfactory
to staff.
"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, and all other
requirements have progressed to a state of completion satis-
factory to staff."
3. REQUEST FOR FUNDING
(THE SHELTER, SOUTH ORANGE COUNTY)
(76) Written Communications:
Report dated September 19, 1979, from Loretta Zimmerman,
Assistant to the City Manager, forwarding the budget for the
South Orange County Shelter and advising that the request
received on September 5 is for funding in the amount of
$2,800 which represents one-third of the facility's annual
rental cost at 508 St. Ann's Place, Laguna Beach. The Shelter
provides care and counseling for adolescents in a crisis
situation.
The Director of Administrative Services advised that the Board
of Supervisors has approved funding for an additional month.
Approval of Contingent Funding:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve funding for The
Shelter in the amount of $2,800, payable from the General Fund,
subject to the Shelter's loss of funding by the County.
CITY ATTORNEY
1. REOUEST FOR ACCEPTANCE OF DEDICATION OF ALLEY
(85) Written Communications:
Report dated September 19, 1979, from the
setting forth alternative procedures for
City Attorney
enforcement of
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parking violations in a stretch
Capistrano Villas development.
20' by 200' in size and is the
remains in private ownership.
of alleyway within the
The alley is approximately
only alley section which
52
Approval of Dedication:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve acceptance of
the dedication of the private alley within Lot 5 of Tract 7194.
The documents will be prepared for formal acceptance at a
later date. Mr. William Foreman, representing Capistrano
Villas, expressed his appreciation for the Council action.
ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
1. HOME
CONTRACT
9578
(85) Written Communications:
(49) Report dated September 19, 1979, from the Director of
Administrative Services forwarding the request of the
American National Group, 405 South Beverly Drive, Beverly
Hills, for approval of a five-year Gama Guard New Home
Service Contract in lieu of the City Home Warranty Program
for the Country Hills development, Tract 9578. City
Ordinance No. 294 provides that a seller may be exempted from
the Home Warranty Program if comparable warranty protection
is provided and approved by the City Council.
Conditional Approval of Exemption:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the exemption
of the Gama Guard New Home Service Contract for Tract 9578,
Country Hills, provided the developer agrees to cover the
$100.00 deductible for the first three years of the 5 -year
contract. It was clarified that in this manner the contract
would be an acceptable alternative to the City Home Warranty
Program, with the addition of a 2 -year period of time during
which the homeowner would be liable for the $100 deductible
provision.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT - MEREDITH CANYON
(85) Written Communications:
Report dated September 19, 1979, from the Director of Community
Planning and Development regarding the current status of
landscaping repairs.
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried that the report be received and
filed.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. INITIATION OF SANITARY TRE
(79) Written Communications:
Report dated September 19, 1979,
Works providing a preliminary ti
expansion of the SERRA Treatment
1.5 mgd capacity. The Director
EXPANSION
from the Director of Public
me schedule for proposed
Plan to provide an additional
of Public Works advised that
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5
the proposed capacity increase would accommodate the General
Plan population estimate of 42,000 and could be in service
by January of 1984.
Initiation of Plant Expansion:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to initiate the expansion
process for the SERRA Treatment Plant to increase the City's
capacity by 1.5 mgd, for a total City capacity of 4.0 mgd.
2. REQUEST FOR DEFERRAL OF FEES
PARCEL MAP 853 (HOBBS)
(85) Written Communications:
(93) Report dated September 19, 1979, from the Director of Public
(76) Works forwarding a letter dated August 30, 1979, from Gary
Hobbs requesting deferral of payment of Parks and Recreation
fees and Sewer Connection fees in conjunction with Tentative
Parcel Map 853 in the total amount of $3,660.
Denial of Request:
It was moved by Councilman Schwartze and seconded by Councilman
Thorpe to deny the request for deferral of specified development
fees in conjunction with Parcel Map 853. The motion carried
by the following vote:
AYES: Councilmen Schwartze, Thorpe, Buchheim
and Mayor Friess
NOES: Councilman Hausdorfer
ABSENT: None
REQUEST FOR APPROVAL OF OVERHEAD UTILITY INSTALLATIONS
(90) Written Communications:
Off -agenda report dated September 18, 1979, from the Director
of Public Works requesting approval of the installation of the
following overhead utility lines:
(1) St. Margaret's Episcopal Church school within the
area of the Ortega Properties development and adjacent
to Sun Hollow. The request is for approval of temporary
telephone poles and lines for a 2- to 3 -year period of
time and is submitted by Pacific Telephone Company.
(2) Temporary street light at the southeast corner of
Camino Las Ramblas and Via California, pending instal-
lation of a permanent traffic signal and underground
service to be provided by the Landolf development, for
traffic safety purposes.
Approval of Utility Installations:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the installation
of the overhead telephone service for the St. Margaret's
Episcopal Church school and the electrical service for the
street light at Camino Las Ramblas and Via California. A
letter is to be directed to the President of the Sun Hollow
Homeowners Association advising of the action taken and further
advising that if there is an objection on the part of the
Association, Council will give further consideration to
approval of the temporary installation of telephone service
to the Church school.
TREE REMOVAL APPLICATION
(74) Written Communications
Off -agenda report from the Director of Community Planning
and Development dated September 19, 1979, recommending approval
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54
of the removal of six trees on the north side of Ortega
Highway at Avenida Siega.
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer to confirm the determination of the Tree Inspector
in approval of the removals. The motion failed to carry, and
there was a consensus of Council that the matter be scheduled
for the regular Council meeting of October 3.
Councilman Thorpe noted his concerns with off -agenda items
due to the lack of public notice.
RECESS AND RECONVENE
Council recessed at 8:52 P.M., and reconvened at 9:00 P.M.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE/
(61) Councilman Hausdorfer advised he would be unable to attend
the upcoming League of California Cities Conference and
suggested that another member be appointed as the City's
Alternate Voting Delegate.
Appointment of Delegate:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried that Councilman Buchheim
be appointed as the Alternate Voting Delegate at the League
Conference.
2. PROPOSED EXTENSION OF JUNIPERO SERRA ROAD
(44) Councilman Buchheim noted the County proposal for an extension
of Junipero Serra Road; the Director of Public Works advised
that the City had received notice on Friday, September 14, with
a request for comment by October 11. With the concurrence
of Council, Mayor Friess directed that a letter to the Board
of Supervisors be drafted by the Director of Administrative
Services recommending that the dates be extended due to the
unreasonable time constraints and the lack of time for receipt
of public comment and/or holding of public hearings.
3. TRASH COLLECTION AND CLEAN-UP PROGRAM
(45) Councilman Thorpe requested that staff contact the trash
collection contractor regarding the implementation of a
spring and fall special cleanup program for residents.
The Director of Public Works is also to contact the contractor
for a discussion of means of alleviating damage to and/or loss
of residents' trash receptacles during regular pickup service.
4. PRIMA DESHECHA SANITARY LANDFILL
SUNDAY CLOSURE
(45) Councilman Schwartze suggested that a letter be written to the
County Board of Supervisors regarding the proposal to close
the County dump facilities on Sundays. Council concurred that
a letter be written urging that the Prima Deshecha facility be
kept open on Sundays due to problems anticipated in the City.
Further, if the County dumps are closed on Sundays, the County
is to be requested to provide Sheriff patrol service to avoid
unauthorized dumping. It was also noted that the community is
served best by having the facilities open on weekends.
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5. SAND AND GRAVEL OPERATION IN SAN JUAN CREEK
(39) Councilman Thorpe requested a report from staff on County
action with regard to a permit for sand and gravel removal
in San Juan Creek at the City limits and the City relation-
ship thereto. It was suggested that staff prepare a process
for dealing with such operations.
6. SAN JUAN CREEK ROAD - TRAFFIC STRIPING
(87) Council concurred with Councilman Thorpe's request that
restriping of San Juan Creek Road for safety purposes be
placed on the Council Agenda of October 3 or October 17 for
consideration.
7. MEETING SCHEDULES
(74) There was a consensus of Council that the following meetings
(87) be scheduled:
(44)
(1) Public Works Employees:
Council will meet with all Public Works employees at
4:00 P.M., October 24, 1979, for the purpose of
receiving input on staff perceptions of problems
in the day-to-day operation of the City.
(2) Circulation Workshop:
A workshop on traffic circulation will be held at
7:00 P.M., October 24, 1979; staff is to provide
maps, traffic flow charts, current and projected
projects, and identification of areas of potential
street widening.
8. PROPOSED LEASE OF SCHOOL DISTRICT PROPERTY
(78) Councilman Thorpe advised that the School District had
considered the City's proposal for joint use of the Capistrano
High School site on September 17 and had declined the City
proposal.
There was a concurrence of Council that consideration of the
original lease proposal from the School District be placed on
the Agenda of October 3 for Council consideration.
9. HARRISON HOUSE - NATIONAL REGISTER DESIGNATION
(23) Mayor Friess advised that the Harrison House had been placed on
the National Register of Historic Places.
10. LEGISLATIVE PRESENTATION
(51) Mayor Friess advised that Assemblywoman Marian Bergeson will
address the Council on October 3 to discuss issues of State
and City concern. Mayor Friess requested press coverage of
the presentation.
EXECUTIVE SESSION
Council recessed to Executive Session at 9:33 P.M., the City Clerk
being excused therefrom and reconvened at 10:00 P.M. following
discussion of a legal matter.
ADJOURNMENT
There being no further business before the Council the meeting was
adjourned at 10:02 P.M., to the next regular meeting date of
Wednesday, October 3, 1979, at 7:00 P.M., in the City Council Chamber.
ATTEST:
/X—ENN
ETH E. R ESS MAYOR
Respectfully submitted,
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