79-1017_CC_Minutes_Regular MeetingOCTOBER 17, 1979
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular
Capistrano,
7:05 P.M.,
' Allegiance
Hausdorfer.
ROLL CALL
72
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 Councilman Gary
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; William D. Murphy,
Director of Public Works; Larry Lawrence, Senior Planner;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of October 3, 1979:
It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe
that the Minutes of the Regular Meeting of October 3, 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
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Schwartze
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
PRESENTATIONS
1. PEDESTRIAN SAFETY AWARD
(AMERICAN AUTOMOBILE ASSOCIATION)
(36) Barbara Merrell, Manager, Laguna Service Office of the Auto
Club of Southern California, presented a Pedestrian Safety
' Award to the City in recognition of a 3 -year period of time
with no incidences of pedestrian fatality.
APPOINTMENT OF UNITED NATIONS DAY CHAIRMAN (POWERS)
(89) Mayor Friess read a letter received on October 10, 1979, from
J. Emory Ackerman, President of the Coastline Chapter of the
United Nations Association, regarding the celebration of United
Nations Week during the period October 21-28.
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73
With the concurrence of Council, Mayor Friess appointed Ruth
Powers, 32032 Paseo de Alessandro, President of the San Juan
Capistrano Women's Club, to serve as Chairman for the City,
and Ms. Powers accepted the appointment.
ORAL COMMUNICATIONS
1. PROPOSED CONSTRUCTION OF VIA ESTELITA
(83) Sandy Sanderson, 32092 Via Alicia, addressed the Council in
opposition to the proposed construction of Via Estelita
(formerly known as Crumrine Road) as an access road in
conjunction with the development of Peppertree Bend Road
within the Bear Brand Ranch development to the west of the
City limits. Mr. Sanderson cited environmental concerns with
regard to the road development plans which elevate the inter-
section approximately 15 feet, and requested that the road
not be constructed at this time but its feasibility addressed
following completion of the Bear Brand Ranch development.
Mr. L. B. Jones, 26081 Via Estelita, spoke in opposition to
extension of the street and suggested that improvements be
considered in the future if through access is found to be
necessary.
2. MEREDITH CANYON LANDSCAPING
(85) Judy Jamroz, 33511 Calle Miramar, President of the Meredith
(61) Canyon Association, requested that Council defer release of
public improvement bonds to the Meredith Company, and requested
City investigation of the settling basin at the end of Via
de Agua in order to correct water seepage problems prior to
the rainy season. Mrs. Jamroz also requested reconsideration
of approval of the construction of Route "E" through the
proposed development of Tract 9784.
PUBLIC HEARINGS
1. TENTATIVE PARCEL MAP 860 AND ZONE VARIANCE 79-16
(85) Councilman Hausdorfer, the applicant, stepped down from the dais
and left the Council Chamber.
Proposal:
A subdivision of 4.8 acres of land into 2 parcels in the RA
(Small Farm) District for property located on the north side of
Ortega Highway off Strawberry Lane; and, a request for approval
of a zone variance to reduce the minimum lot size from 2.5 to
2.1 acres for one of the parcels.
Applicant:
Gary L. Hausdorfer, 26851 Calle Canto, San Juan Capistrano.
Written Communications:
(1) Report dated October 17, 1979, from the Acting Director
of Community Planning and Development, forwarding the
recommendation of approval made by the Planning Commission
on September 25, 1979.
(2) Letter dated October 10, 1979, from Roy L. Byrnes, M.D.,
28355 Ortega Highway, in opposition to the proposal.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons responded:
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74
(1) Elmer Christiansen, civil engineer for the project,
made a slide presentation and requested approval of
the proposal.
(2) Roy Byrnes, 28355 Ortega Highway, urged rejection of
the proposal.
There being no further response, the Hearing was closed.
Councilman Thorpe expressed opposition to findings for approval
' based on the shape of the parcel and the extent of the variance
and moved for denial of the proposal; the motion died for lack
of a second.
7
2.
Approval of Tentative Parcel Map and Zone Variance:
It was moved by Councilman Buchheim and seconded by Mayor Friess
to adopt the following Resolution:
79-10-17-1, TENTATIVE PARCEL MAP
RTAW'V 7Q-1 A (HDTT0-n()RF7:P) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
TENTATIVE PARCEL MAP 860 AND ZONE VARIANCE 79-16
(HAUSDORFER)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim and
Mayor Friess
NOES: Councilman Thorpe
ABSENT: Councilman Hausdorfer
Councilman Hausdorfer rejoined the meeting and assumed his duties.
VA -1
ALLOCATION
(28) The Public Hearing on Tract 9786, continued from the meeting of
(85) October 3, 1979, and the Public Hearing on Tracts 6305 and 9784
were considered concurrently.
Proposal:
Adoption of a resolution revising the residential allocation
schedule for the years 1979, 1980, 1981, and 1982.
Written Communications:
(1) Report dated October 3, 1979, from the Director of
Community Planning and Development forwarding the
request of Mathew Loonin for consideration of
reallocation of, building permits for 1980-81 for
Tract 9786 (Black Mountain Villas).
(2) Report dated October 17, 1979, from Raymundo Becerra,
Acting Director of Community Planning and Development
forwarding the requests for reconsideration received
for the years 1980, 1981 and 1982 from Morris Misbin
(Tract 9784) and from Scott Sheridan (Tract 6305, The
Hunt Club).
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons responded:
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W
(2) Marilyn Williams 29931 Camino Capistrano, spoke in
support of the revised allocations for Tract 9786
since the initial request was submitted in January.
(3) Tim Kruer, representing Black Mountain Villas/Patrick
Development, 2643 Fourth Avenue, San Diego 92103, spoke
in support of the revised schedule.
There being no further response, the Public Hearing was closed.
Approval of Revised Allocation Schedule:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-10-17-2, RESIDENTIAL ALLOCATION
SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A
REVISED RESIDENTIAL ALLOCATION SCHEDULE FOR THE YEARS
1979, 1980, 1981, AND 1982 IN ACCORDANCE WITH SECTIONS
5 AND 6 OF ORDINANCE NO. 314
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The revised total allocations, not including Court -stipulated
allocations, are as follows:
Year Annual Numerical Limit
1979
237
1980
197
1981
114
1982
89
3. TENTATIVE PARCEL MAP 851
(ALPHA BETA/COLLINS DIVERSIFIED)
(85) Proposal:
A request tor reconsideration of the May 16, 1979, denial of
Tentative Parcel Map 851, a division of 5.97 acres of land
into 4 parcels for property located on the west side of
Camino Capistrano south of the existing San Juan Plaza for
the proposed Alpha Beta shopping center.
Applicant:
Philip Whitener, c/o Collins Diversified, Inc., 270 South
Bristol, Suite 201, Costa Mesa.
Written Communications:
Report dated October 17, 1979, from the Acting Director
of Community Planning and Development.
Councilman Thorpe noted that conditions were to be included
providing for mandatory employee parking in certain areas of
the shopping center. Mr. Collins advised that parking require-
ments would be included in the CC&R's and enforced by
management.
Public Hearing:
Notice haviiig been given as required by law, Mayor Friess
opened the Public Hearing; and, there being no response, the
Hearing was closed.
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76
Bike Trail Circulation Patterns:
Councilman Thorpe suggested that a bike trail should be part
of the development; Larry Lawrence, Senior Planner, advised
that the bikeway would pass underneath the freeway, Camino
Capistrano bridge and the railroad tracks and would not be
located on the property under consideration. Councilman Thorpe
requested that the integration of bicycle trails into the
downtown circulation patterns be included as an item of
discussion at the October 24 traffic circulation workshop.
Approval of Tentative Parcel Map 851:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-10-17-3, TENTATIVE PARCEL MAP 851,
(COLLINS DIVERSIFIED) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 851,
THE DIVISION OF 5.97 ACRES INTO FOUR PARCELS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
Parking Enforcement:
There was a consensus of Council that the City Attorney prepare
an Agreement with the developer so that the City would have the
authority to enforce employee parking requirements on the
development property, if shopping center management fails to
enforce the provisions of the CC&R's; provisions are to be
included for charging the developer if City enforcement is
necessary.
4. REVISED TENTATIVE TRACT 10103 AND REZONE 79-4
(85) Proposal:
A revision to Tentative Tract 10103 reducing the number of lots
from 140 to 123 and a request for Rezone 79-4 to change the
zoning for parcels 50-66 from RS (20,000) to RS (16,000)
for property located on the easterly side of Rancho Viejo
Road between Trabuco Creek and Mission Hills Ranch.
Applicant:
The Dover Company, 125 West Mision Avenue, Suite 106,
Escondido.
Written Communications:
Report dated October 17, 1979, from the Acting Director of
Community Planning and Development forwarding the recommendation
of approval made by the Planning Commission on September 25,
1979.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons responded:
(1) Bill Dyer of Dyer -Johnson, 4121 Westerly Place, Suite 201,
Newport Beach, presented 2 models of the development
indicating the proposed revisions.
(2) Tom Hooker, Boyle Engineering, 2098 South Grand Avenue,
Santa Ana, 92705, reviewed the tract modifications
since acquisition of the property.
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71
(3) Charles Davis, representing the landscape architects
for Dyer -Johnson.
There being no further response, the Public Hearing was
closed.
Approval of Rezone 79-4:
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 and seconded
by Councilman Hausdorfer that the following ordinance be
introduced:
ORDINANCE NO. 392, REZONE 79-4 (DOVER/LIVACICH)
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 PARCELS
NOS. 50 THROUGH 66 OF REVISED TENTATIVE TRACT 10103
FROM RS (20,000) TO RS (16,000)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Approval of Revised Tentative Tract 10103:
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the following condition be added to the Tract:
"After grading, a representative of the Equestrian
Commission, the Public Works Department, and the
applicant shall walk each designated equestrian
trail. After walking said system, the City shall
determine if each trail is reasonably usable and
passable for all equestrians and may require
corrective grading or other work to insure said
usability."
and that the following Resolution be adopted:
RESOLUTION NO. 79-10-17-4, REVISED TENTATIVE
TRACT 10103 (DOVER/LIVACICH) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONDITIONALLY APPROVING REVISED TENTATIVE
TRACT 10103 (DOVER/LIVACICH)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
(62) Equestrian Trail Standards:
(23) There was a consensus of Council that the Equestrian Trail
Standards be reviewed to establish criteria in engineering
terms with final trail approvals subject to a walk over by
the City Engineer and representatives of the Equestrian
Commission.
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ORDINANCES
1. ADOPTION OF ORDINANCE NO. 391,
EXTRACTION OF NATURAL RESOURCES
(55) The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was regularly intro-
duced at the meeting of September 19, and re -introduced at
the meeting of October 3. It was moved by Councilman Schwartze
and seconded by Councilman Buchheim that the following Ordinance
be adopted:
ORDINANCE NO. 391, NATURAL RESOURCE EXTRACTION FEE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REGULATING AND ESTABLISHING THE PERMITS
AND FEES REQUIRED FOR THE EXTRACTION OF NATURAL
RESOURCES AND SUPPLEMENTING ORDINANCE NO. 26 AND NO. 365
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
RESOLUTIONS
1. EXTRACTION OF NATURAL RESOURCES - FEES
(55) Pursuant to Ordinance No. 391, directing that fees be
established by Resolution, it was moved by Councilman
' Thorpe and seconded by Councilman Schwartze that the
following Resolution be adopted:
RESOLUTION NO. 79-10-17-5, NATURAL RESOURCE EXTRACTION
FEE SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
A NATURAL RESOURCE EXTRACTION FEE SCHEDULE FOR THE
EXTRACTION OF RESOURCES FROM THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution sets the following fee schedule:
NATURAL RESOURCE EXTRACTION FEE SCHEDULE
1. Liquid Resource Extraction Fees
A. Well Drilling or Re -drilling
' Permit $400.00 per well
B. Well Renewal Permit 100.00 per well
C. Business License Tax 150.00 annually
D. Production Tax .10 per barrel
extracted
2. Gas Resource Extraction Fees
A. Well Drilling or Re -drilling
Permit
B. Well Renewal Permit
C. Business License Tax
D. Production Tax
$400.00 per well
100.00 per well
150.00 annually
.32 per 10,000
cubic feet extracted
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79
3. Solid Resource Extraction Fees
A. Mineral Extraction Permit $400.00 per site
B. Business License Tax 150.00 annually
C. Mining Tax .075 per ton
extracted
The effective date of the Resolution is November 16, 1979.
2. EMPLOYEES COMPENSATION PLAN
(66) Written Communications:
Report dated October 17, 1979, from the City Manager,
forwarding a proposed Resolution adopting the Revised
Employees Compensation Plan. The item was held over from
the October 3rd meeting at the request of the City Manager.
In response to Councilman Thorpe, the City Manager advised
that the salary schedule had been corrected to eliminate errors.
Approval of Revised Compensation Plan:
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-10-17-6, REVISED COMPENSATION
PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING
THE CITY'S COMPENSATION PLAN
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
3. DESTRUCTION OF MICROFILMED RECORDS
(ADMINISTRATIVE SERVICES DEPARTMENT)
(31) Proposal:
(41) Destruction of certain financial records which have been
microfilmed. The film negatives will be stored in the bank
safety box for security purposes; the film diazo (copy) will
be retained at the City offices.
Written Communications:
Report dated October 17, 1979, from the City Clerk requesting
authorization to destroy the records listed on Exhibit "A"
of the Resolution and forwarding the consent of the City
Attorney.
Adoption of Resolution:
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-10-17-7, PROVIDING FOR THE DESTRUCTION
nV r'WDTATM DRrn5nq iAnMTATTQTDATTVR CR1:VTr'6'C T)VT)21RTMFRTI -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING AND DIRECTING THE
CITY CLERK TO DESTROY CERTAIN CITY RECORDS AND DOCUMENTS —
PURSUANT TO THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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AD HOC EMPLOYEE RETIREMENT COMMITTEE - FINAL REPORT
(23) This item was taken out of order on the Agenda for the benefit
of the reporting member of the Committee.
Written Communications:
Report dated October 17, 1979, from the City Manager forwarding
the Final Report of the Retirement System Ad Hoc Committee
dated September, 1979.
' Charles Neal, Committee Chairman, addressed the Council in
support of the Committee recommendation that the City withdraw
from the Orange County Retirement System and establish a City
money purchase plan. Mayor Friess thanked Mr. Neal and the
members of the Committee on behalf of the City Council.
Following discussion of the need for a presentation of the
pros and cons of the three alternatives submitted by the
Committee, Councilmen Thorpe and Schwartze were named as
Council representatives to meet with the members of the
Retirement Committee for background review and, subsequently,
to meet with the members of the Employees Association.
Mr. Neal then referred to a letter dated October 15, 1979,
from Robert L. Citron, County Tax Collector -Treasurer,
addressed to the Mayor and City Council, and requested a
public response to Mr. Citron's commentary. With Council
concurrence, Mayor Friess referred the matter to the City
Manager for investigation.
EXECUTIVE SESSION
Council recessed to an Executive Session at 9:30 P.M., and reconvened
at 10:32 P.M.
CONSENT CALENDAR
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated October 17, 1979, Warrants Nos.
17789 through 17910, inclusive, and 1911 Act Account Warrant
Nos. 243 and 244, in the total amount of $1,131,015.70, are
approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF SEPTEMBER. 30, 1979
(41) The City Treasurer's Report of Investments as of September 30,
1979, is approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF SEPTEMBER 30, 1979
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of September 30, 1979, is approved as submitted.
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4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF AUGUST 31, 1979
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the two-month period ending August 31, 1979, is approved
as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
OCTOBER 2, 1979
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of October 2, 1979, is ordered received and filed.
6. REPORT OF
COMMISSI
(23) The Report of Actions taken by the Equestrian Commission at
the meetings of October 1 and 8, 1979, is ordered received
and filed.
7. REQUEST FOR CERTIFICATES OF USE AND OCCUPANCY
(25) Staff is authorized to issue Certificates of Use and
(85) Occupancy for Phase II of Tract 9034, as approved by Council
on September 5, subsequent to all necessary final inspections.
Phase I was released for occupancy on September 5.
8. REQUEST FOR CERTIFICATES OF USE AND OCCUPANCY
TRACT 8485 (MAURER)
(25) Staff is authorized to issue Certificates of Use and
(85) Occupancy for Phase III of Tract 8485, as approved by Council
on September 5 subsequent to all necessary final insepctions.
Phases I and II were released for occupancy on October 3rd.
9. APPROVAL OF PHASING AND REQUEST FOR CERTIFICATES
OF USE AND OCCUPANCY - TRACT 9382 (MAURER)
(25) The following phasing, as requested by the developer, is
(85) approved for Tract 9382: Phase I - Lots 7-25; Phase II,
Lots 26-32. The authority to issue Certificates of Use and
Occupancy is granted to staff, as requested by the developer,
due to pending increases in mortgage interest rates. Certifi-
cates will not be issued until all necessary final inspections
are complete.
10. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT
INSTALLATION OF DEL OBISPO TRAFFIC SIGNAL,
ALIPAZ TO PASEO ADELANTO (ELECTREND, INC.)
(82) Written Communications:
Report dated October 17, 1979, from the Director of Public
Works advising that the work for the traffic signal at Del
Obispo from Alipaz to Paseo Adelanto has been completed by
Electrend, Inc. The payment status is as follows:
Total Construction Cost $66,301.70
Less 10% Retention 6,630.17
Less Previous Payment 26,314.06
Balance Due 33,357.47
Acceptance of Work:
The following Resolution is adopted:
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10/17/79
RESOLUTION NO. 79-10-17-8, COMPLETION OF TRAFFIC
SIGNAL ON DEL OBISPO FROM ALIPAZ TO PASEO ADELANTO -
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 TRAFFIC SIGNAL ON DEL OBISPO FROM
ALIPAZ TO PASEO ADELANTO
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
$33,357.47; payment of the 10% retention is authorized 35 days
after recordation of the Notice of Completion.
11. APPROVAL OF FINAL MAP 853 (HOBBS)
(85) Final Parcel Map 853 is approved with the determination that
the Map is consistent with the General Plan of the City and
in substantial compliance with the approved tentative map.
The Subdivision Agreement is approved and the Mayor and City
Clerk are authorized to sign the agreement on behalf of the
City; the City Clerk is directed to record the Agreement in
the Office of the Orange County Recorder.
EXTENSION OF TIME, CHANGE ORDER NO. 1 -
GUACATE ROAD STREET IMPROVEMENTS,
h169tal
(83) It was moved by Councilman Schwartze, seconded by Councilman
(44) Hausdorfer and unanimously carried to grant a 120 -day extension
of time to February 14, 1980, for the completion of street
improvements at Del Obispo and Aguacate Road, AHFP 883, due
to delay in delivery of concrete pipe supplies.
REQUEST FOR RELEASE OF PUBLIC IMPROVEMENT BONDS,
TRACTS 8319 AND 8087 (MEREDITH CANYON)
(85) There was a consensus of Council that this item be held over
to the meeting of November 7, 1979, for receipt of a report
from the City Manager setting forth the costs to the City of
review and reporting since inception of the landscaping and
slope problems.
RESOLUTION, NOTICE OF COMPLETION AND RELEASE
OF SURETY - TRACT 9284 (KING)
(85) Written Communications:
Report dated October 17, 1979, from the Director of Public
Works, advising that the public improvements for Tract 9284
have been completed and requesting release of surety.
Acceptance of Work:
It was moved by Councilman Buchheim and seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 79-10-17-9, COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 9284 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFI-
CATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS -
TRACT 9284
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
None
None
-11-
10/17/79
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 surety from the Bank of Nova Scotia is released
upon 35 days from recording of the Notice of Completion:
Surety Amount
Labor & Material (public)
Letter of Credit #10/121/81695 $236,400
The following surety from the Bank of Nova Scotia is extended
to October 17, 1980, at which time staff is authorized to
implement release:
Surety Amount
Faithful Performance (public)
Letter of Credit #10/120/81695 $184,000
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. MEREDITH CANYON TRACTS 8319 AND 8087 -
LANDSCAPING STATUS REPORT
(85) With Council concurrence, Mayor Friess directed that the
Status Report dated October 17, 1979, from the Acting Director
of Community Planning and Development be received and filed.
2. AMENDMENT TO LAND USE CODE DEFINITION OF LOT AREA
(55) Written Communications:
Report dated October 17, 1979, from the Director of Community
Planning and Development forwarding the recommendation made by
the Planning Commission on September 25 that the definition
of "lot area" contained in the Appendix to the Land Use
Management Code be amended to read as follows:
"Lot Area: The total area (measured in a horizontal
plane) included within the boundary lines of a lot -
minus any area taken up by surface easements over
the lot, such as for equestrian trails, streets,
bikeways, open channel storm drains, etc."
Approval of Amended Definition:
It was moved by Mayor Friess and seconded by Councilman
Schwartze that the following Resolution be adopted:
79-10-17-10, AMENDMENT TO DEFINITIONS
TITO ?q I - A PVV0T.T7TT0TT nP THF rTTV
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE ORDINANCE NO. 293 DEFINITION FOR "LOT AREA"
The motion carried by the following vote:
AYES: Councilmen Schwartze, Thorpe and
Mayor Friess
NOES: Councilmen Hausdorfer and Buchheim
ABSENT: None
Larry Lawrence advised that the new definition would apply
to all new applications submitted for rezoning.
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3. ALTERNATIVES
CORRECTING DRAINAGE PROBLEMS -
(80) Council was advised that the applicant has requested continuation
of this item, and it was moved by Councilman Schwartze, seconded
by Councilman Thorpe and unanimously carried to continue con-
sideration of the report to the meeting of November 7, 1979.
DIRECTOR OF PUBLIC WORKS
1. PROPOSED CONSTRUCTION OF VIA ESTELITA ACCESS
ROAD TO BEAR BRAND RANCH
(83) Written Communications:
(85) Report dated October 17, 1979, from the Director of Public
Works on the status of meetings held with representatives
of the Bear Brand Ranch Company and owners of property
adjoining Via Estelita, one of the three roads conceptually
approved by the City Council on February 1, 1978, as access
to the Bear Brand development.
Councilman Thorpe questioned the information contained in the
third paragraph of the report which states that the development
plans for Bear Brand Ranch would elevate the proposed intersection
of Pepper Tree Bend Road and Via Estelita by several feet. The
Director of Public Works advised that the grading plans were
approved by the County of Orange.
Mayor Friess asked for public comment, and the following persons
responded:
(1) Dick Spaulding, 31611 Sacarama Lane, spoke in opposition
to the construction of Via Estelita as proposed, cited
lack of representation on the Study Committee and advised
that his property on Via Estelita would face a 13 -
to 15 -foot -high berm according to the grading
plans.
(2) Bruce Patterson, 31471 Aguacate Lane, advised that his
property is to be assessed $6,500 and stated that the
proposed assessment district for street improvements
should include land owners in Sun Ranch as an area of
benefit.
(3) Bob Hill, President of Bear Brand Ranch Company, advised
that they had agreed to annex the property to the City and
that they would pay their fair share of the cost of road
construction.
Public Hearing Date:
With Council concurrence, Mayor Friess directed that a Public
Hearing be scheduled for the meeting of November 7, 1979, for
receipt of public input and that the Bear Brand Ranch Access
Committee be advised of the Hearing.
2. HEAD START PROGRAM - REVISION TO AGREEMENT
(38) Written Communications:
Report dated October 17, 1979, from the Director of Public
Works setting forth the status of site preparation and advising
that the Orange County Director of the Head Start Program
requests that the City conceptually approve a revision to
the agreement to provide for a 5 -year lease with 2 -year
renewal options in order to qualify for Federal funds.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried that consideration will be
given to extension of the agreement at the end of the 2 -year
lease period. There was a consensus of Council that letters
be sent to Congressional representatives setting forth the
problems encountered by the City in attempting to assist the
Program by granting temporary use on City property.
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10/17/79
3. DEL AVION STORM DRAIN STATUS REPORT
(80) Written Communications:
Report dated October 17, 1979, from the Director of Public
Works setting forth the status of construction of Phase I
of the Del Avion Storm Drain.
With Council concurrence, Mayor Friess ordered the report
received and filed.
4. DRAINAGE CONDITION, TRACT 8593, 8594, AND 76
(80) Written Communications:
(85) Report dated October 17, 1979, from the Director of Public
(25) Works in response to the letter dated September 28, 1979, from
Coleen and Art White, 33052 Commodore Court, requesting City
assistance with drainage problems at their property in Mariner
Village. Mr. Murphy advised that there are several areas of
ponding water in the development.
The following persons addressed the Council:
(1) Ken Bethmann, President of the Homeowners Association,
33036 Dolphin Court, advised that efforts over the
past 2 years to resolve the drainage condition with
representatives of Westport Development are at an impasse
and City assistance is requested.
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze to deny release of Certificates of Use and Occupancy
to Home Design Center until the problems are resolved to the
satisfaction of all involved; the motion was subsequently
withdrawn. —
(2) Lillian Morgan, Corporate Secretary for Home Design
Center stated that Westport Development constructed
Phase 1 of Tract 8593, that Home Design purchased
Phases 2 and 3 of Tracts 8594 and 7616; Home Design
constructed Phase 3; their company has no connection
with Westport Development; their buyers should not be
penalized for unresolved problems with Westport.
(3) Bill Hahn, homebuyer, advised that his escrow is to close
on October 19, and cited financing problems if the escrow
is extended beyond that date.
(4) Andrew Cara, 33105 Half Moon Court, stated that the area
around his home is constantly wet and he has received no
response to complaints.
(5) Sara Wallach, 33115 Half Moon Court, stated that her home
is in the second phase built by Home Design and that there
has been no response to complaints of standing water, as
indicated in photographs.
(6) Bonnie Davis, Buccaneer Court, advised that her loan is
guaranteed only to November 1.
The Director of Public Works advised that grading bonds for the
development were released by the County. Councilman Schwartze
concurred that a report be submitted setting forth responsible
parties, problem areas and status of bonding, but consideration
should be given to the financing problems of homebuyers.
(7) Arthur Flint, 33031 Driftwood Court, geologist, stated
that the problem is a result of grading and adobe soil,
and requested that he be a participant in inspection
of the area.
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10/17/79
M
Mayor Friess requested that Councilman Buchheim serve as Council
liaison in review of the area.
(8) Tom Seline, employee of Home Design Center, advised that
all of the units are sold and cited difficulties in
projecting occupancy dates.
The Director of Public Works advised that there are approximately
20 Certificates of Occupancy being requested in Phase 2 of the
development; 43 Certificates would remain for future issuance.
Conditional Release of Occupancy Permits:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to release the 20 Certifi-
cates of Use and Occupancy contingent upon a requirement that
bonds be posted to the satisfaction of the Director of Public
Works for correction of the drainage conditions by the
responsible developer.
5. APPROVAL OF
CAL SERVICE,
(HOFFMAN STABLE
(39) Written Communications:
(90) Report dated October 17, 1979, from the Director of Public
Works.
Approval of Waiver of Utility Undergrounding Requirement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the use of two
overhead electrical services for the Hoffman equestrian
facility on San Juan Creek Road.
6. INSTALLATION OF 69KV OVERHEAD TRANSMISSION FACILITY
' (85) Written Communications:
(90) Report dated October 17, 1979, from the Director of Public
Works requesting review of the installation of the 69KV
electrical transmission facility in front of Tract 7654, which
includes relocation of the existing transmission line from
the backyards of lots contiguous to La Novia to an overhead
easement adjacent to and parallel to La Novia Avenue. The
project design requires the removal of the most westerly
eucalyptus tree at the entrance to Tract 7654.
Tim Kruer, tract developer, advised that Patrick Development
has offered to replace the eucalyptus tree with a 30 -foot
ficus.
Implementation of Design:
It was moved by Mayor Friess, seconded by Councilman Schwartze
and unanimously carried to direct staff to implement the
design, as proposed, with the 69KV overhead line parallel to
and adjacent to La Novia Avenue, which includes the removal
of the existing eucalyptus tree.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF OCTOBER 9, 1979
(67) It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried that the Report of Actions
taken by the Planning Commission at their meeting of October 9,
1979, be received and filed.
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10/17/79
67
TRAFFIC AND TRANSPORTATION COMMISSION
1. THREE-WAY STOP SIGN - CALLE ARROYO AT SUNDANCE DRIVE
(82) Written Communications:
Report dated October 17, 1979, from George Alvarez, Commission
Secretary.
Approval of Stop Sign Installation:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the installation —
of a three-way stop sign at Calle Arroyo and Sundance Drive
due to visibility at the intersection. The City Engineer is
authorized to post the signs.
MOBILE HOME PARK REVIEW BOARD
1. AMENDMENT TO ORDINANCE NO. 380 -
NOTIFICATION OF SALE
(55) Written Communications:
(23) Report dated October 17, 1979, from the City Attorney forwarding
a proposed amendment to Ordinance No. 380 to provide for
notification of intent to sell by both mobile home park
owners and individual mobile home owners, as recommended by
the Review Board on October 2, 1979.
Introduction of Ordinance No. 393:
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
and seconded by Councilman Schwartze that the following
Ordinance be introduced:
ORDINANCE NO. 393, AMENDMENT TO ORDINANCE NO. 380 -
ESTABLISHING A MOBILE HOME PARK REVIEW BOARD - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING ORDINANCE NO. 380
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
COUNCIL REMARKS
1. TRASH COLLECTION
(45) Councilman Buchheim noted that Solag Disposal Company trucks
have been operating without load covers.
2. TRAFFIC - JUNIPERO SERRA ROAD
(87) Councilman Buchheim suggested that the traffic conditions at
Junipero Serra Road be referred to the Traffic and Transportation
Commission. Councilman Thorpe suggested that staff communicate
with the County regarding the condition of bike trails due to
heavy trucks in the vicinity of Buffy's Restaurant. Mr. Thorpe
also suggested that funds could be expended for improvement
to the angle of the turn at Junipero Serra Road.
3. GRAFFITI
(32) Councilman Buchheim noted that graffiti has been painted on
walls and suggested that a reward system be implemented for
reporting of such incidents.
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L..
4. TRAFFIC - CAPISTRANO INDUSTRIAL PARK
(87) Councilman Buchheim noted that parked semi -trucks are obstructing
traffic in the Capistrano Industrial Park area.
5. SPHERE OF INFLUENCE - REVIEW OF POSSIBLE EXPANDED AREA
(21) Councilman Thorpe commented on a memorandum dated October 16,
1979, from the Assistant to the City Manager regarding the
Local Agency Formation Commission intent to update the spheres
of influence of Orange County cities.
Meeting with Rancho Mission Vie
There was a consensus or uouncrl L
Mission Viejo be invited to attend
1979, for a general discussion and
6. CAMINO CAPISTRANO IMPROVEMENTS
epresentatives:
at representatives of Rancho
the meeting of November 21,
review of future plans.
(83) Councilman Thorpe suggested that staff monitor the area of
Camino Capistrano during the period of construction since signs
and temporary cones are knocked over and inhibiting traffic.
7. STORER CABLE TELEVISION SERVICE
(43) Councilman Schwartze noted for the record that residential
service was out on October 14th in the area of Via Cordova.
8. RECREATION FACILITIES
(62) Councilman Hausdorfer noted that the City has no evening
(72) programs due to lack of lighted recreation areas. Mr.
Hausdorfer also noted receipt of a letter from Mrs. Bob
Serrao, 31101 Calle del Campo signed by nine residents
of the area indicating an interest in having play
equipment installed on the southwest corner of C.
Russell Cook Park.
9. TRASH CLEAN-UP PROGRAM
(45) Mayor Friess requested that an Agenda item be prepared for the
meeting of November 7 on a City-wide residential trash clean-up
program for pickup of large items; the report is to include
proposed dates and costs.
10. LOS CORRALES TRACT 7654 - SLOPE CONDITIONS
(85) Mayor Friess requested that the Planning Department investigate
the condition of slopes in the Los Corrales tract.
11. COLINAS DE CAPISTRANO PROJECT -
APPEAL OF ORANGE COUNTY PLANNING COMMISSION APPROVAL
(56) Mayor Friess noted receipt of a memorandum dated October 17,
1979, from Raymundo Becerra, Acting Director of Community
Planning and Development, regarding the Colinas de Capistrano,
a 2,280 -acre project located west of the City limits. The
Orange County Planning Commission approved the feature plan
showing grading and building on the major ridgeline at its
' October 15th meeting, although the City had formally requested
a continuance to provide adequate time for review. Mayor Friess
noted that the City has 10 days to appeal the County Planning
Commission action.
Appeal of County Planning Commission Action:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried that the City file an appeal
with the Orange County Board of Supervisors on the Planning
Commission approval of the feature plan for the Colinas de
Capistrano project.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:40 P.M., Thursday, October 18, 1979, to the
next meeting date of Wednesday, October 24, 1979, at 4:00 P.M.,
in the City Council Chamber.
ATTEST:
ENNETH E. IRI S, MAYOR
Respectfully submitted,
i 7
MARY ANN'CITY CLERK
c
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