79-1107_CC_Minutes_Regular MeetingNOVEMBER 7, 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 Kenneth E. Friess,
Mayor.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
James F. Thorpe, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works; Thomas G. Merrell,
Director of Community Planning and Development; Larry Lawrence,
Senior Planner; James S. Okazaki, City Attorney; Mary Ann Hanover,
City Clerk.
MINUTES
Adjourned Regular Meeting of October 10, 1979:
It was moved by Councilman Schwartze, seconded by Councilman Thorpe
that the Minutes of the Adjourned Regular Meeting of October 10,
1979, be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Schwartze, Thorpe and Mayor Friess
NOES: None
ABSTAIN: Councilmen Hausdorfer and Buchheim
ABSENT: None
Regular Meeting of October 17, 1979:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim
that the Minutes of the Regular Meeting of October 17, 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
Adjourned Regular Meeting of October 24, 1979, 4:00 P.M.:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer
that the Minutes of the Adjourned Regular Meeting of October 24,
1979, 4:00 P.M., be approved as submitted. The motion carried by
the following vote:
AYES:
NOES:
ABSENT:
Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
None
None
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95
Adjourned Regular M
It was moved by Cou
that the Minutes of
1979, 8:00 P.M., be
the following vote:
AYES:
NOES:
ABSENT:
eting of October 24,
Gilman Buchheim, Seco
the Adjourned Regular
approved as submitted
1979. 8:
.M.:
ded by Councilman Schwartze
Meeting of October 24,
The motion carried by
Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
None
None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. DRAINAGE CONDITION, 28352 PASEO ESTABLO (ALLEN)
(80) Sharon Allen, 28352 Paseo Establo, requested that Glendale
Federal, owner of the land behind the Allen residence, be
required to install an additional drainage inlet on the
adjacent Lot 5.
2. LOS RIOS IMPROVEMENTS/THE RANCH
(23) Marilyn Williams, 29931 Camino Capistrano, stated that street
(95) improvements in the Los Rios Area have not been completed
according to specifications. Mrs. Williams also questioned
the contents of the agreement with the developers of The
Ranch dealing with the transfer of development rights.
3.
8319 AND 8087
(38) Judy Jamroz, 33511 Calle Miramar, President of the Meredith
(85) Canyon Homeowners Association, requested that the Agenda items
relating to the release of bonds and the status of slopes be
taken off calendar until matters are resolved between the
developer and the homeowners association. Mrs. Jamroz advised
that their engineering report should be completed within one
week. The City Manager advised that a meeting had been held
with representatives of the homeowners association, the developer
and the City; the desiltation question remains unresolved.
Release of Bonds Withheld:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to withhold the exoneration
of the public improvement bonds for Tract 8319 and 8087 until
the status of the slopes and the desiltation basin are resolved.
4. PROPOSED DEVELOPMENT OF COLINAS DE CAPISTRANO PROJECT
IN COUNTY TERRITORY
(56) Bill Bathgate, 29643 Camino Capistrano, stated that drainage
runoff from three canyons, which pass through his property
to Oso Creek, should be of major concern in City deliberations
of the Colinas de Capistrano project. Mr. Bathgate requested
City support in presenting these concerns to the County.
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U69
Mayor Friess advised that the County Planning Commission will
be rehearing the project, at the request of the Board of
Supervisors, and that there is a need for cooperation in
presenting the City's position.
5. SOLAG DISPOSAL SERVICES
(45) Fred Speshyock, 30823 Calle Chueca, President of Casitas
Capistrano Association No. 1, requested City assistance with
litter being left during trash removal service by Solag
Disposal Company. Council suggested a monitoring of the
pickup service by City personnel. The Director of Public Works
will communicate the concerns to the disposal company.
WRITTEN COMMUNICATIONS
1. REQUEST FOR CITY ENDORSEMENT OF FAIR
RENT CONTROL STANDARDS
(76) It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried to receive and file the
letter dated October 16, 1979, from the Apartment Association
of Orange County requesting City endorsement of a constitutional
amendment for fair rent control standards.
2. REQUEST FOR WAIVER OF FENCING REQUIREMENT
CONDITIONAL USE PERMIT 79-5 (HOFFMAN STABLES)
(39) With the concurrence of Council, Mayor Friess ordered the
(93) letter received and filed from John Parker, Attorney at Law,
requesting a waiver of the requirement to install solid
fencing along the property line between the Hoffman Stables
and Harold Ambuehl School in conjunction with Conditional Use
Permit 79-5. Council noted that they had received copies of
a response to Mr. Parker's letter from the Director of
Community Planning and Development dated October 25.
3. FINAL PARCEL MAP 851 - REQUEST FOR DEFERRAL OF
(85) Council received copies of a letter dated October 31, 1979,
(93) from John Collins, Collins Diversified, 270 South Bristol
Street, Costa Mesa, requesting that the requirement for
payment of fees and posting of bonds be deferred until
application is made for building permits for the Alpha
Beta Center.
Referral to Staff:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze to approve the applicant's request for deferral of
payment of fees and posting of bonds until processing of
building permits. It was then moved by Councilman Thorpe,
seconded by Councilman Buchheim and unanimously carried that
the above motion be tabled and the request referred to staff
for report at the meeting of November 28.
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 79-2 -
ADDITIONAL ENVIRONMENTAL IMPACT INFORMATION (GLENDALE FEDERAL
(46) Proposal:
(68) Review of supplemental environmental impact information relating
to public improvements, school fees, and grading quantities
resulting from development of the Glendale Federal Planned
Community, General Plan Amendment 79-2, and review of alternative
land use plans.
Written Communications:
Report dated November 7, 1979, from the Director of Community
Planning and Development.
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9
Exhibits were on display and Larry Lawrence, Senior Planner,
made an oral presentation on the three alternates, which
provide the following unit counts: Alternate A, 1201
(applicant); Alternate B, 1178 (Planning Commission);
Alternate C, 1208 (staff). Mr. Lawrence also noted the
differentiation between types of open space; i.e., gradable
and natural, and advised that approximately two-thirds of the
work program is complete. The City Manager recommended that
no action be taken on the portion of the EIR dealing with
schools until comment is received from the District. Councilman
Thorpe requested that data be included in the report indicating
the amount generated if Senate Bill 201 is enacted and including
the District's view of the impact of the Glendale Federal
development. Mayor Friess concurred that specific information
on needs of the School District is necessary and suggested _
that a City representative attend meetings between the developer
and the District. Councilman Hausdorfer complimented staff on
the completeness of the report.
Public Hearing:
Notice having been given as required, Mayor Friess opened the
Public Hearing; and, there being no response, declared the
Hearing closed with the right to re -open at any time.
Referral to Planning Commission:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried that General Plan Amendment
79-2 be referred back to the Planning Commission for further
review of the Environmental Impact Report and specifically for
review of the three alternative land use plans presented. A
summary of the major project impacts will be considered at a
future meeting upon its completion by Ultrasystems.
Mayor Friess noted that the La Novia loop road system is
critical to project planning and suggested that the traffic
circulation aspect be referred to the Traffic and Transportation
Commission.
2. CONSTRUCTION OF VIA ESTELITA ACCESS TO TRACT 9390
(BEAR BRAND RANCH)
(83) Proposal:
(85) This Public Hearing was scheduled at the direction of the City
Council on October 17 for receipt of public input on the
construction of Via Estelita in conjunction with the development
of the Bear Brand Ranch.
Written Communications:
(1) Report dated November 7, 1979, from the Director
of Public Works;
(2) Minutes of the Bear Brand Ranch Committee meeting
of November 5, 1979.
Public Hearing:
Notice having been given, Mayor Friess opened the Public Hearing
and the following persons responded:
(1) Tony Bland, 31801 Via de Linda, former member of the
Bear Brand Ranch Access Committee, advised that the
Committee's main effort had been to eliminate through
traffic from other County areas and that their recommenda-
tion that access be provided through Calle Ricardo, Calle
Aspero and Via Estelita is unchanged. Mr. Bland suggested
that a rural road standard be developed for Via Estelita
rather than a commuter road, with alignment and configuration
defined following annexation of the Bear Brand Ranch
property.
(2) Ernie Chapman, 25961 Calle Aspero, stated that any spread
of assessment district costs should cover a wide area
of benefit, that construction traffic from the land sale
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M
subdivision will continue for many years, that there
appears to be a major discrepancy between the developer's
and the City's equestrian trail and grading plans, that
Via Estelita has two access points, while Calle Aspero
is essentially one access.
(3) Bob Lyons, intersection of Calle Aspero and Paseo Monte
Vista, noted that traffic speeds will increase if Calle
Aspero is widened and requested Council reconsideration
of expending funds to widen the street for the benefit of
another development.
(4) Rowe Sanderson, 32092 Via Alicia, cited environmental
impacts of road construction, the elevation of the road
nine feet above grade, traffic volumes, fire access through
Sacarama Road, lack of representation on the Access Committee,
and stated his opposition to construction of Estelita and
participation in sewer line and storm drain construction.
Mr. Sanderson presented petitions signed by approximately
84 residents in opposition to the construction of Estelita
Road at this time.
(5) Norma Leach, Paseo Monte Vista, cited traffic speeds on
Calle Aspero, stated that drivers ignore the stop sign at
Calle Ricardo and Calle Aspero, and noted that the
Committee found that Estelita access was appropriate.
(6) Richard Spaulding, 31611 Sacarama Lane, concurred with the
statements made by Mr. Sanderson.
(7) Norlyn Dull, 25962 Calle Aspero, stated that grade
alignments should be resolved and the findings of the
Committee supported.
(8) Bob Hill, President, Bear Brand Ranch, stated that the
company is willing to pay its share of street construction
costs; cited the benefit of construction of the storm
drain, equestrian trail and Hobbs water line; the company
will pay all costs of the sewer line.
The Director of Public Works advised that the City has given
conceptual approval of the sewer line construction within the
easement.
There being no further response, the Public Hearing was closed.
RECESS AND RECONVENE
Council recessed at 9:10 P.M., and reconvened at 9:22 P.M.
Council Discussion:
Mayor Friess noted that due to the reduction in the extent of
the Bear Brand development, a rural road design would be
acceptable. Councilman Thorpe suggested consideration of
downgrade of the road design and postponement of actual
construction until the need is ascertained. Staff should be
directed to present design alternatives to mitigate environmental
concerns.
Councilman Hausdorfer noted that the original commitment to
provide 3 -way access should be preserved, but Via Estelita
should be designed as a narrow, rural road with an equestrian
trail with no immediate construction. Councilman Buchheim
concurred and suggested that decisions be reserved until
completion of the Bear Brand tract. Mayor Friess recommended
that Council begin review of design standards in conjunction
with the project. Councilman Thorpe stated that the requirement
for a road should remain.
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Mayor Friess presented a motion that the City make a commitment
to a third access route through Via Estelita tied to the
completion of Pepper Tree Bend Road, the precise alignment
and form of the road to be determined as a result of staff
studies prior to completion of Pepper Tree Bend. The motion
was subsequently withdrawn.
Commencement of Assessment District Proceedings/Design
Alternatives:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to direct staff to commence
the proceedings for the formation of an assessment district
for the construction of Via Estelita and to prepare alternatives
for the design of Via Estelita; further, staff is directed to
retain the preservation of the rights-of-way, pursuant to the
original agreements with the Via Estelita property owners.
3. REVIEW OF COUNTY ENVIRONMENTAL IMPACT REPORT ON PROPOSED
EXTENSION OF JUNIPERO SERRA ROAD FROM GOLDEN LANTERN
(83) Proposal:
This Hearing was scheduled for review of the County of Orange
proposal to amend the County Master Plan of Arterial Highways
in order to extend Junipero Serra Road from Golden Lantern to
Camino Capistrano, review of the draft Environmental Impact
Report and proposed General Plan Amendment.
Written Communications:
Report dated November 7, 1979, from the Director of Public
Works.
Public Hearing:
Notice having been given, Mayor Friess opened the Public Hearing,
and the following persons responded:
(1) Bill Bathgate, 29643 Camino Capistrano, requested that
Council give consideration to factors beyond physical
impact and impact on growth such as energy conservation,
and recommended Alternate B of the County proposal which
proceeds through a canyon rather than over a ridgeline.
(2) Randy Williams, 29931 Camino Capistrano, supported Mr.
Bathgate's statements and noted that a bridge crossing
at Oso Road could be considered rather than an extension
of Junipero Serra Road.
(3) Fred Speshyock requested clarification.
There being no further response, the Public Hearing was closed.
Council Discussion:
Councilman Schwartze stated that energy conservation should be
considered, as well as air pollution and the financial impacts
of the proposed extension. Mayor Friess noted that the
developer's plans for Colinas de Capistrano do not indicate
an extension of Junipero Serra Road and that he sees no benefit
to the City from a road extension to serve County development
needs. Councilman Buchheim and Hausdorfer concurred in
opposition to the concept and with Mr. Bathgate's concerns
with drainage problems. Councilman Thorpe noted the SEOCCS
Study which cites a correlation between major roadway linkages
and development, and noted that the EIR detail is inadequate.
Inadequaciesof County Proposal:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to accept the findings of the
Traffic and Transportation Commission and of the Planning
Commission that the draft Environmental Impact Report submitted
by the County is inadequate and the proposed County General
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100
Plan Amendment is inconsistent with the adopted policies of
the City's General Plan; in addition, major concerns with
drainage conditions are to be included in comments forwarded
to the County.
Re -affirmation of City Position on Road Alignments:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to reaffirm the City position
of concurrence with City plans indicating Junipero Serra Road
joining with Alipaz Street within the City limits, an align-
ment which would also be of benefit to the County in alleviating
Dana Point traffic circulation.
RECESS AND RECONVENE
The Council recessed to Executive Session at 10:30 p.m., the City
Clerk being excused therefrom, and reconvened at 11:10 p.m.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 392 -
REZONE 79-4-(DOVER/LIVACICH)
(85) The City Attorney read the title of the Ordinance next in order.
(95) Further reading of all ordinances had been waived earlier in
(55) the meeting. The Ordinance was regularly introduced at the
meeting of October 17, 1979. It was moved by Councilman
Buchheim and seconded by Councilman Schwartze that the following
Ordinance be adopted:
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
2. ADOPTION OF ORDINANCE NO. 393 -
AMENDMENT TO ORDINANCE NO. 380,
ESTABLISHING A MOBILE HOME PARK REVIEW BOARD
(23) The City Attorney read the title of the Ordinance next in order.
(55) Further reading of all ordinances had been waived earlier in
the meeting. The Ordinance was regularly introduced at the
meeting of October 17, 1979. It was moved by Councilman
Schwartze and seconded by Councilman Buchheim that the following
Ordinance be adopted:
ORDINANCE NO. 393, AMENDMENT TO ORDINANCE NO. 380 -
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
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101
BIDS, CONTRACTS, AGREEMENTS
1. AMENDMENT TO CONTRACT FOR C. RUSSELL COOK
PARK MASTER PLAN (POD, INC.)
(62) Written Communications:
Report dated November 7, 1979, from the Director of Recreation
forwarding the recommendation made by the Parks and Recreation
Commission on October 15, 1979, that an amendment be made to
the contract with POD, Inc., for preparation of a final
Master Plan consistent with the approved plans for the Ortega
Planned Community development.
At the request of Councilman Hausdorfer, lighting of the
multi-purpose fields is to be included in review of the final
plans. Mr. Hausdorfer also suggested consideration of providing
lighting at Marco Forster School. Councilman Thorpe recommended
that the final plans be a set of working drawings.
Approval of Contract Amendment:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the Addendum to
the Contract for the preparation of the C. Russell Cook Park
Master Plan by POD, Inc., in the amount of $1600 and to authorize
the Mayor and City Clerk to sign the Addendum on behalf of the
City.
Printing Costs:
There was a consensus of Council that staff provide further
report with alternatives to proposed Master Plan printing costs
in the amount of $1,000.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim 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 November 7, 1979, Warrants Nos. 17911
through 18043, inclusive, in the total amount of $235,057.99,
is approved as submitted.
2. APPROVAL OF CHANGE ORDER NO. 4 - MISSION BELL PARK
LANDSCAPING (PLANT CONTROL CORPORATION)
(38) Change Order No. 4, granting a 60 -day time extension to
(62) January 25, 1980, is approved to accommodate a delay in
installation of electricity for the irrigation controller.
Following installation, the remaining phases of work will
commence.
3. RESOLUTION, NOTICE
(38) Written Communications:
(85) Report dated November 7, 1979, from the Director of Public Works
advising that the public improvements for Division of Land
77-4 have been completed and requesting release of bonds.
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102
Acceptance of Work:
The following Resolution is adopted:
UTION NO. 79-11-7-1, COMPLETION OF
IMPROVEMEN'T'S — JIVISIUN Ur- I,ruvu //—e — r a•o�., aliiv.v
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 - DIVISION OF LAND 77-4
The Resolution accepts the public improvements and directs the
City Clerk to forward the Notice of Completion for the project
to the County Recorder within 10 days.
Release of Bonds:
The following bonds from United Pacific Insurance are released
upon expiration of 35 days from the recording of the Notice of
Completion:
Bond Amount
Labor & Material
No. U94-34-55 $161,000
Monumentation
No. U94-34-57 $ 1,800
The following bonds from United Pacific Insurance are extended
to November 7, 1980, at which time staff is authorized to
effect release:
Faithful Performance
No. U94-34-54
$161,000
4. CLAIM FOR MONEY DAMAGES (CREEDON)
(35) The Claim filed on October 10, 1979, by T. Keith Pocock on
behalf of Toni Creedon for a fall allegedly occurring on the
sidewalk on the north side of Del Obispo between Windjammer
and Paseo de la Paz on July 10 or 11, 1979, is denied and
referred to the City's Claims Adjuster, Carl Warren and
Company, as set forth in the report dated November 11, from
the City Clerk.
5. AWARD OF CONTRACT - PARRA ADOBE RENOVATION
(23) The contract for renovation of the Parra Adobe is awarded to
(38) the low bidder, D. W. Contracting Company of Laguna Beach, in
the amount of $39,648; all other bids are rejected. The Mayor
and City Clerk are authorized to sign the contract on behalf
of the City.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
OF OCTOBER 4 AND OCTOBER 22, 1979
(23) Report on Commission Duties:
Councilman Thorpe cited his concerns that the Traffic and
Transportation Commission should be protecting the residents
of the City from the affects of traffic and noted the
recommendation for approval of the Dunivin project in the
Los Rios area. With the concurrence of Council, Mayor Friess
directed that a report be prepared for Council consideration
on the charge and duties of the Commission.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to receive and file the Report
of Actions taken by the Traffic and Transportation Commission
at the meetings of October 4 and 22, 1979.
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103
CALLE ASPERO STREET IMPROVEMENTS
(83) Council received copies of a report dated November 7, 1979,
(85) from the Director of Public Works on the status of 5 bids
received on September 26, 1979, for the construction of Calle
Aspero Street Improvements. The low bid was submitted by
Nobest, Inc., of Westminister, in the amount of $57,426. The
Agreement with Bear Brand Ranch Company provides that Calle
Aspero will be improved by Bear Brand with the City paying
$25,000 or one-half of the cost, whichever is less.
Authorization to Execute Contract:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried that the Director of Public
Works be authorized to execute the contract with Nobest, Inc., -
subject to negotiations with the Bear Brand Ranch Company; City
costs are not to exceed $25,000.
EASEMENT DEED FOR SANITARY SEWER PURPOSES - CAMINO CAPISTRANO
NEAR AVENIDA AEROPUERTO (CALIFORNIA HIGHWAY PATROL)
(73) This item was removed from the Agenda at the request of the
Director of Public Works.
APPROVAL OF TREE REMOVAL APPLICATION, TRACT 9682
(74) Council received copies of a report dated November 7, 1979,
(85) from the Director of Community Planning and Development regarding
the application submitted by Bill Gardner for the removal of
35 citrus trees on Lot 2, Tract 9682, in conjunction with the
construction of a single family residence off Cook Lane.
Approval of Tree Removal:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to confirm the determination
of the Tree Inspector in authorizing the removal of the 35
citrus trees.
ADMINISTRATIVE ITEMS
1. REVIEW OF CARRYOVER ITEMS ON "TO DO" LIST
(32) Written Communications:
Report dated November 7, 1979, from the City Manager in response
to a request by the City Council that items not be carried on
the To Do List for more than six months without Council review.
Councilman Hausdorfer suggested that the City hire a consultant
to monitor County activities with regard to providing an
airport facility in the South County; there was a consensus
of Council that a report be prepared for the meeting of
November 28, 1979, on the status of a Joint Powers Agreement.
Council concurred with Councilman Thorpe's request that status
reports be submitted with each of the items listed with the
items referred to Commissions segregated from those referred
to staff.
2. STATUS REPORT - MARINER VILLAGE DRAINAGE CONDITIONS
(80) Written Communications:
(85) Report dated November 7, 1979, from the Director of Public
Works advising that $13,500 has been deposited with the City
by Home Design Center as surety for the correction of drainage
problems in Tracts 8593 and 8594.
Dale Schlack, 33022 Driftwood Court, President of the Mariner's
Village Association, expressed additional concerns with the
development such as the lack of a wading pool which is shown
on the original plans.
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There was a concurrence of Council that
a list to the Council citing all items
Association.
3. REPORT ON CITY COSTS OF MEREDITH CANYON
LANDSCAPE REVIEW, TRACTS 8087 AND 8319
104
Mr. Schlack submit
of concern to the
(85) Written Communications:
Report dated November 7, 1979, from the Assistant to the City
Manager providing a breakdown of City costs in monitoring the
conditions of the slope landscaping in Meredith Canyon Tracts
8087 and 8319 in the total amount of $7,440.
Approval of Cost Recovery:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that action be taken to
recover the costs incurred by the City from the developer of
the tracts.
(69) Councilman Thorpe suggested that such recovery of City costs
be included in the City Council policy manual.
4. EMPLOYEE DEFERRED COMPENSATION PLAN -
INCLUSION OF MISCELLANEOUS EMPLOYEES
(66) Written Communications:
Report dated November 7, 1979, from the City Manager recommending
that the previously adopted Deferred Compensation Plan for
management employees be amended to include all miscellaneous
employees, as authorized by Council.
Approval of Amendment:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that Section 3.2 of Exhibit "A"
of the Deferred Compensation Plan be amended to read:
"Employee shall mean any employee, official or
officer of the City of San Juan Capistrano."
5. PERMANENT APPOINTMENT OF INTERIM EMPLOYEES
(66) Written Communications:
Report dated November 7, 1979, from David DeBeauvais, Admin-
istrative Assistant, on the status of the following employees
hired on an interim basis during 1979-83 budget review:
Name
Mark Gibson
Tony Foster
Gary Hannon
Ed Green
Elaine Tracy
Tricia Ward
Position
Temporary
Appointment Date
Asst. Civil Engineer June 4, 1979
Sr. Engineering Aide June 12, 1979
Maintenance Man I July 23, 1979
Maintenance Man II August 1, 1979
Sr. Recreation Leader August 16, 1979
Secretary I September 4, 1979
Ratification of Permanent Status:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdor£er and unanimously carried to ratify the change in
status and the appointment of interim employees from Temporary
to Permanent (probationary) effective September 16, 1979.
CITY CLERK
1. FINAL REPORT - SECOND ANNUAL TRAIL RIDE TO CASPERS PARK
(23) Written Communications:
Report dated November 7, 1979, from the City Clerk/Equestrian
Commission Secretary on the Second Annual Trail Ride to Caspers
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105
Park held on Sunday,
Equestrian Commission
for the Ride. The re
Total Receipts
Costs
October 14, 1979, and sponsored by the
. There were 181 persons pre -registered
venue breakdown is as follows:
$1,355.32
400.72
Net amount to be $ 954.60
designated to equestrian
trail development, acqui-
sition, and maintenance
(36) Council commended the Commission and staff for their efforts
on behalf of the Ctiy.
REQUEST FOR PURCHASE OF MICROSCOPE
(GOYA BLOOD BANK)
(34) Written Communications:
(76) Report dated November 7, 1979, from the City Clerk regarding
a request received from the President of the Goya, Argentina,
Blood Bank for assistance in purchasing a binocular microscope
for their local clinic. (Goya has been a Sister City of San
Juan Capistrano since July, 1978.) The type of microscope
requested ranges in cost from $1,050 to $1,458, plus tax,
shipping and conversion to 220 volts.
Request for Community Participation:
With Council concurrence, Mayor Friess requested that letters
be sent to local service organizations requesting community
participation in the purchase as a gesture of friendship to
the City of Goya.
CITY ATTORNEY
1. AGREEMENT FOR DEDICATION OF DEVELOPMENT RIGHTS
FOR AGRICULTURAL AREA (THE RANCH)
(38) Written Communications:
(85) Report dated November 7, 1979, from the City Attorney forwarding
a proposed Agreement with The Ranch, pursuant to the August 15,
1979, Council approval of the developer's application for a
zone change. The Agreement provides for the dedication to the
City of the development rights for CDP Area 16 prior to the
issuance of the first residential building permit.
Approval of Agreement, as Amended:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer to approve the Agreement, with the addition of a
provision citing the previously -approved waiver of the payment
of agricultural preservation fees, and to authorize the Mayor
and City Clerk to execute the Agreement on behalf of the City.
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
FIFTH YEAR HCDA CONTRACTS (LOS RIOS AREA)
(38) Written Communications
(23) Report dated November 7, 1979, from the Director of Community
Planning and Development forwarding operation agreements for
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the use of allocated funds in the amount of $290,000,
pursuant to the Housing and Community Development Block
Grant Program. The fifth year funds will be used for the
following projects in the Los Rios Area:
(1) Continuation of the loan/grant program
for neighborhood housing rehabilitation: $75,000;
(2) Initiation of land acquisition and
development in the Planned Housing
Development District (Little Hollywood
section): $180,000;
(3) Reconstruction of Los Rios Street
between Ramos and Verdugo Streets: $35,000.
There was a consensus of Council that further discussion of
the Los Rios Area be held prior to spending additional funds;
Mayor Friess suggested that thought be given to using Civic
Center funds for Los Rios Area land acquisition.
Approval of Agreements:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the Agreements
between the City and the County of Orange Environmental
Management Agency, Agreement Nos. C26271, C26272, and C26270,
and to authorize the Mayor and City Clerk to execute the
Agreements on behalf of the City.
2. REVIEW OF PROJECT IN COUNTY TERRITORY
COLINAS DE CAPISTRANO
(56) Written Communications:
(1) Report dated November 7, 1979, from the Director of
Community Planning and Development providing background
information on the proposed feature plans for Colinas de
Capistrano Planned Community, which consists of approximately
1,180 acres located west and north of the City limits in
County territory. The feature plan was approved by the
County Planning Commission on October 15, 1979, following
denial of a City request for continuance; on October 17,
1979, the City Council voted unanimously to appeal the
County action.
(2) Letter dated November 1, 1979, from H. G. Osborne,
Director of the County Environmental Management Agency
stating that the project zoning regulations do not
provide for appeal of a feature plan to the Board of
Supervisors.
(3) Letter dated November 5, 1979, from Supervisor Thomas F.
Riley advising that the Board of Supervisors has requested
the County Planning Commission to rehear the Colinas de
Capistrano feature plan, giving special consideration
to the concerns of the City, since portions of the project
property lie within the City's sphere of influence.
(4) Memorandum dated November 7, 1979, from Pamela Hallan,
Secretary, Cultural Heritage Commission, forwarding
Commission concerns expressed at the meeting of
November 6th.
(5) Letter dated November 1, 1979, from Douglas Nash, President,
San Juan Civic Association, to the Board of Supervisors
urging support of the City's request for a rehearing of
the proposed project.
(6) Letter dated November 4, 1979, from Teresa Heckscher,
President, Town Hall Association, urging a rehearing
of the project.
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10'7
(7) Letter dated November 1, 1979, from W. H. Gardner,
Chairman, San Juan Committee to Preserve Ridgelines,
urging a rehearing of the project.
(8) Letter dated November 1, 1979, from Bruce D. Church,
President, San Juan Alliance of Homeowners, urging
a rehearing of the project.
(9) Letter dated November 1, 1979, from Raymond T. Belardes,
Juaneno Band of Mission Indians, in support of more
detailed archaeological and ethnohistory studies for
the project at the present phase.
Continuation to November 14:
There was a consensus of Council that, due to the lateness _
of the hour, the matter is to be scheduled for discussion at
the meeting of November 14, 1979.
3. PROPOSED ALTERNATIVES FOR
(80) Proposal:
A request for an increase in density for a 4.2 -acre parcel of
land located on McCracken Hill to provide a sufficient number
of units to spread the cost of corrective grading necessary to
develop the site.
Written Communications:
Report dated October 17, 1979, from Raymundo Becerra, Acting
Director of Community Planning and Development forwarding
the recommendation of denial made by the Planning Commission
on September 11.
Applicant:
Bart Porter, Porter -Wilder Construction Company, 1001 Dove
Street, Newport Beach.
Denial of Request:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to determine that the
applicant's request to increase the intensity of development
on the subject property, based solely upon economic factors,
is not a valid consideration in changing the approved density
of the property.
Bart Porter, applicant, addressed the Council and requested
City assistance in forming a geological assessment district
to improve drainage conditions on McCracken Hill; Mr. Porter
stated that he would bond the assessment district and cited
Senate Bill 411 which provides for geological hazard assessment
districts.
Report on Assessment District: _
There was a consensus of Council that staff report further at
the meeting of November 28 with background information for
discussion of a possible drainage and sewer assessment district
for the area.
DIRECTOR OF PUBLIC WORKS
1. BUDGET REVISION FOR MODIFICATION TO TREATMENT PLANT,
PROJECT COMMITTEE NO. 7-A (SERRA)
(79) Written Communications:
Report dated November 7, 1979, from the Director of Public
Works regarding a proposed change order in the amount of
$66,081 and a City share of $18,357 for improvements to
the SERRA Treatment Plant.
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Approval of Budget Revision:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the Project
Committee No. 7-A change order expenditure of $66,081 for
paving and installation of a retaining wall and to approve the
City's budget obligation of $18,357.
2. PROCESSING AND DISPOSAL OF SEWAGE SLUDGE,
SERRA TREATMENT PLANT - URGENCY AUTHORIZATION
(79) Written Communications:
Report dated November 7, 1979, from the Director of Public
Works advising that it may be necessary to enter into an
agreement with the Orange County Sanitation District on an
emergency basis to provide for the disposal of sludge from
the SERRA Treatment Plant at the Coyote Canyon Landfill in
Irvine.
Approval of Authorization:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to authorize the Director of
Public Works to provide for the disposal of SERRA Treatment
Plant sludge in the event of an emergency situation and to
make financial commitments therefor.
3. EQUESTRIAN TRAIL REALIGNMENT, TRACT 6381
ira r. rannrnvo nv+Tr=nnxiommI
(23) Written Communications:
(85) Report dated November 7, 1979, from the Director of Public
Works regarding the grade of the equestrian trail on the
southerly boundary of Tract 6381 adjacent to The Ranch.
Mayor Friess noted that fence barriers within the easement
would channelize use into a switchback pattern to prevent
horses from following a steep, downward slope and suggested
that consideration be given to posting trails as "advanced"
and "intermediate."
Approval of Fence Construction:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the installation
of fencing within the existing equestrian easement of Tract
6381 to encourage angular traversing of the slope.
4. PROPOSED TRASH CLEAN-UP PROGRAM
(45) Written Communications:
Report dated November 7, 1979, from the Director of Public
Works providing additional information on the proposed
annual City-wide clean-up program for the disposal of
household items not ordinarily collected by the City's
disposal service company.
Referral to Homeowners Associations:
There was a consensus of Council that the report is to be
presented for consideration at the next meeting with the
Presidents of the City's homeowner associations.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETINGS OF OCTOBER 23 AND 30, 1979
(67) It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried that the Report be received
and filed.
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199
TRAFFIC AND TRANSPORTATION COMMISSION
1. REPLACEMENT OF TRAFFIC SIGNAL CONTROLLERS,
ORTEGA HIGHWAY AT DEL OBISPO AND CAMINO CAPI'
(82) Written Communications:
(24) Report dated November 7, 1979, from George Alvarez, Secretary,
Traffic and Transportation Commission, forwarding the Commission
recommendation that two traffic signal controllers on Ortega
Highway be replaced due to ongoing maintenance problems.
Approval of Recommendation and Budget Amendment:
It was moved by Councilman Buchheim, seconded by Mayor Friess
and unanimously carried to approve the replacement of the traffic
signal controllers on Ortega Highway at its intersections with -
Camino Capistrano and Del Obispo Street and to approve an
amendment to the 1979-80 Capital Projects Budget in the amount
of $24,000.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. TRANSPORTATION - CITY BUS SYSTEM
(88) Councilman Thorpe suggested that Council consider implementation
of a City loop bus system; Councilman Schwartze suggested that
the Orange County Transportation Commission be requested to
make a presentation.
(27) There was a consensus of Council that the matter be scheduled
for Council discussion with the letter dated November 15, 1979,
from the Director of the State Department of Transportation
advising that Business and Transportation discretionary funds
are available for special public transportation needs.
2. PERSONNEL - CONSULTANT SERVICES FOR ANALYSIS
OF CITY RETIREMENT SYSTEM
(66) Approval of Consultant Services:
(37) It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to authorize the expenditure
of $500 from the Council Contingency budget for consultant
services for an analysis and review of the City retirement
system and report to Council.
3. CONSULTANT SERVICES (GLENDALE FEDERAL PROJECT
(37) It was moved by Councilman Thorpe, seconded by Councilman
(46) Schwartze and unanimously carried to retain Yvon O. Heckscher
for one hour of consulting services in relation to the Glendale
Federal project, the fee to be charged to the City Council
Legislative Assistant fund.
4. CITY COUNCIL MEETING SCHEDULE
(32) With the concurrence of Council, Mayor Friess scheduled a
meeting for Wednesday, December 12, 1979, with members of
the City's commissions and boards for a discussion of general
planning issues and parks issues.
5. ALTERNATIVE SITE FOR VEHICLE STORAGE YARD,
LOS RIOS AREA (DUNIVIN)
(23) Councilman Thorpe requested that City staff actively seek an
alternate site for relocation of the Dunivin vehicle storage
yard currently located in the Los Rios area.
6. REQUEST FOR RECONSIDERATION OF DEVELOPMENT OF ROUTE "E"
(85) Mayor Friess requested that staff respond to the letter
(61) dated October 29, 1979, from the Meredith Canyon Community
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110
Association requesting Council reconsideration of development
and construction of Route "E" within Tract 9784.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:50 a.m., Thursday, November 8, 1979, to the
next meeting date of Wednesday, November 14, 1979 at 7:00 P.M.,
in the San Juan Hot Springs Dance Hall.
ATTEST:
KENNETH E. FRIE S, aYOR
Respectfully submitted,
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\ i • •
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