79-1128_CC_Minutes_Adjourned Regular Meeting116
NOVEMBER 28, 1979
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California, was called to order by Mayor
Friess at 7:02 P.M., in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Reverend
Homer Waisner, Jr., Ocean Hills Community Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Phillip R. Schwartze, Councilman
James F. Thorpe, Councilman
ABSENT: Lawrence F. Buchheim, Councilman
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; James S. Okazaki,
City Attorney; Cheryl Johnson, Deputy City Clerk.
MINUTES
Regular Meeting of November 7, 1979:
It was moved by Councilman Schwartze, seconded by Councilman Thorpe
that the Minutes of the Regular Meeting of November 7, 1979, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
Adjourned Regular Meeting of November 14, 1979:
It was moved by Councilman Schwartze, seconded by Councilman Thorpe
that the Minutes of the Adjourned Regular Meeting of November 14,
1979, be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Schwartze, Thorpe and Mayor Friess
NOES: None
ABSTAIN: Councilman Hausdorfer
ABSENT: Councilman Buchheim
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES:
NOES:
ABSENT:
Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
None
Councilman Buchheim
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11"7
ORAL COMMUNICATIONS
1. REQUEST TO ALLOW BANNER - FISH AND CHIPS STORE
(25) Ralph Letizia, 31955 Paseo de Elena, owner of the Fish and
Chips store on Camino Capistrano, advised Council of his
feelings that the placement of signs at the Mission Hacienda
development is inadequate, and requested permission to hang
a temporary banner until his application for a new sign is
either approved or disapproved by the Architectural Board of
Review.
Following discussion, it was moved by Councilman Thorpe,
seconded by Councilman Hausdorfer and unanimously carried
to deny the request for a banner and to direct that the
sign application proceed through the normal channels.
2. TRANSFER OF DEVELOPMENT RIGHTS
(68) Marilyn Williams, 29931 Camino Capistrano, requested that her
letter regarding transfer of development rights, delivered
to the Council on November 21st, be agendized at an early date.
Mayor Friess advised that the subject would be discussed at
the meeting of December 19, 1979.
3. MEREDITH CANYON LANDSCAPING
(85) Judy Jamroz, 33511 Calle Miramar, President of the Meredith
Canyon Community Association, submitted a copy of the
Association's soils engineering report to the Director of
Public Works. Mrs. Jamroz requested to meet with the Building
Department to review the soils report; suggested that
responsibility for repair of the slide above the bench
drain, as noted in the report, be determined; and, requested
that bond release continue to be withheld. With regard to the
de -silting basin, Mr. Murphy advised that a letter setting
forth responsibility will be forwarded to Mrs. Jamroz as
soon as possible.
4. GIDDINGS FRUIT STAND
(92) Richard Giddings, 28341 Ortega Highway, requested permission
to address Council during consideration of his request for
granting of a zone variance for the fruit stand.
5. WAGON WHEEL STABLES
(38) Wanda Jacobs, owner of the Wagon Wheel Stables at 28332 Ortega
Highway, advised that the required landscaping, installation
of electricity to the stable, and repair of the damaged
asphalt driveway has not yet been completed by the Maurer
Company. Staff was directed to insure developer compliance
in this situation as soon as possible.
WRITTEN COMMUNICATIONS
1. REQUEST FOR ASSISTANCE WITH DRAINAGE CONDITIONS,
MARINERS VILLAGE HOMEOWNERS ASSOCIATION
(80) Council received copies of a letter dated October 24, 1979,
(85) from Kenneth F. Bethmann, President of Mariners Village
Homeowners Association, requesting assistance with drainage
problems in the development.
The Director of Public Works advised that meetings have been
held with the Association to discuss possible corrections
and that a report from the Association's engineer will be
forthcoming.
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2
Andy Ellison, 31121 Southwind Court, noted that development
site plans had shown a wading pool and volleyball courts
that have not been constructed. With the concurrence of
Council, Mayor Friess requested the Director of Community
Planning and Development to clarify the issue.
T FOR INCLUSION IN GENERAL
Mo=
(46) In response to a letter dated November 13, from William Zell,
State Department of General Services, it was moved by Councilman
Hausdor£er, seconded by Councilman Thorpe and unanimously carried
to include the following for consideration in General Plan
Amendment 80-1:
(1) the request for a zone change to allow a Department
of Motor Vehicles office on property located on the
north side of San Juan Creek Road near the freeway;
and,
(2) the vacant Schauwecker property located on the north
side of San Juan Creek Road east of the tennis courts.
3. REQUEST FOR ZONE VARIANCE (GIDDINGS FRUIT STAND)
(92) Council received copies of a letter dated November 14, 1979,
from Richard Giddings, requesting granting of a zone variance
to allow the owners to commence improvements required by the
Health Department.
Richard Giddings advised that the fruit stand has been cited
for operating without a health permit and has been closed
down; that in order to re -open, certain improvements are
needed which require a rezone of the property.
' Following discussion, and with the concurrence of Council,
Mayor Friess directed that upon receipt of a rezone application
from Mr. Giddings, staff forward a letter to the District
Attorney advising that the compliance process has begun
4. REQUEST FOR PERMISSION TO SELL BEER AND WINE
(VERMEULEN RANCH MARKET)
(27) Council received copies of a letter dated October 30, 1979,
(68) from Charles Vermeulen, requesting permission to sell beer
and wine at the Vermeulen Ranch Market, and that his application
for expansion of the market be reactivated.
With the concurrence of Council, Mayor Friess directed that
the request be agendized for a future meeting for consideration
with the rezone process for expansion of the Ranch Market.
ORDINANCES
1.
INTRODUCTION OF ORDINANCE NO. 394 - AMENDMENT TO
ORDINANCE NO. 235 (SAFETY STANDARDS FOR MOBILE
FOOD PREPARATION VEHICLES
(26)
Written Communications:
(55)
Report dated November 28, 1979, from the Director of Public
'
Works, forwarding amendments to Ordinance 235 to include
mobile food preparation vehicle safety standards. The amendment
is necessary to maintain County -wide uniformity and applicability
of the County safety standards, which were recently amended to
include the safety standards.
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:
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119
INANCE NO. 394. ISSUANCE OF PERMITS FOR AND
AEUU11A'1'1U1V Ur 11 UUL riALVULIIVU L' b'1'AISL 1bri11L'LV'rJ - AW
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
RELATING TO THE ISSUANCE OF PERMITS FOR AND REGULATIONS
APPLICABLE TO FOOD HANDLING ESTABLISHMENTS AND PROVIDING
A PENALTY FOR THE VIOLATION THEREOF AND AMENDING ORDINANCE
NO. 235
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
2. INTRODUCTION OF ORDINANCE NO. 395,
REGULATING ALARM SYSTEMS
(55) Written Communications:
Report dated November 28, 1979, from the Assistant to the
City Manager, forwarding a request from the Orange County
Sheriff's Department for adoption of an ordinance to regulate
protective signaling alarms and to control direct dial
telephone alarms to the Emergency Response Agency, necessary
because of the danger of mass activation of the alarms in a
disaster situation, and to curtail the large number of false
alarms received by the Sheriff's Department. The proposed
ordinance corresponds to one adopted by the County in April
of this year.
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, —
seconded by Councilman Schwartze that the following Ordinance
be introduced:
ORDINANCE NO. 395, REGULATING ALARM SYSTEMS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REGULATING THE INSTALLATION, MAINTENANCE, AND USE OF LOCAL
PROTECTIVE SIGNALING SYSTEMS FOR BURGLARY, ROBBERY, AND
FIRE AND RESCUE PURPOSES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
3. LIMITATIONS ON CAMPAIGN CONTRIBUTIONS
AND PROPOSED REPEAL OF ORDINANCE NO. 341
(40) Written Communications:
(55) Report dated November 28, 1979, from the City Clerk, advising
that Section 2.D. of Ordinance No. 341, regulating anonymous
contributions, may be repealed, pursuant to State Government
Code Section 84304, effective January, 1978, which supersedes
local regulations and states that no person shall make an
anonymous contribution totaling $100 or more in a calendar
year, and that any anonymous contribution of $100 or more
is to be forwarded to the Secretary of State for deposit in
the General Fund of the State.
Mayor Friess expressed concern regarding the total amount of
anonymous contributions that may be received by a candidate
under the State law, versus the total amount that may be
received under the City's current ordinance.
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120
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:
LIMITATIONS ON CAMPAIGN CONTRIBUTIONS - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING LIMITATIONS ON CAMPAIGN CONTRIBUTIONS
AND REPEALING ORDINANCE NO. 341
The motion failed by the following vote:
AYES: Councilman Hausdorfer
NOES: Councilmen Schwartze, Thorpe and Mayor Friess
ABSENT: Councilman Buchheim
Councilman Thorpe suggested re -consideration at a future date.
BIDS. CONTRACTS. AGREEMENTS
1. AWARD OF CONTRACT - SAN JUAN HOT SPRINGS DANCE
HALL SITE IMPROVEMENTS (SULLY -MILLER)
(38) Written Communications:
(23) Report dated November 28, 1979, from the Director of Public
Works.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to award the contract for the
construction of a parking lot and patio and installation of
' landscaping at the Dance Hall to the low bidder, Sully -Miller
Construction Company, of Orange, in the amount of $32,552,
and to reject all other bids received. The Mayor and City Clerk
are authorized to sign the contract on behalf of the City.
Mayor Friess requested receipt of an updated exterior lighting
plan.
2. AGREEMENT FOR USE OF RECREATION FACILITIES -
OLD MISSION SAN JUAN CAPISTRANO
(38) Written Communications:
(62) Report dated November 28, 1979, from the Director of Recreation,
forwarding a proposed agreement for use of the Mission's tennis
courts, gymnasium and athletic field for the City's Recreation
Program to insure proper insurance coverage by both parties.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to approve the agreement with
the Old Mission Church for use of certain recreational
facilities and to authorize the Mayor and City Clerk to
sign the agreement on behalf of the City.
Councilman Hausdorfer suggested a letter be forwarded to the
' Church thanking them for their cooperation.
3. AMENDMENT TO SECURITY PACIFIC BANK AGREEMENT -
HOME IMPROVEMENT PROGRAM (LOS RIOS AREA)
(38) Proposal:
(89) On March 7, 1979, the City entered into an agreement with
Security Pacific National Bank for operation of the Los Rios
Home Improvement Program, which provides low-interest loans
to owners of buildings in the specified area, with City
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121
subsidy provided the annual percentage rate does not exceed
12%. The City has been notified that the FHA Title I annual
percentage rate will increase to 13% effective December 1,
1979.
Written Communications:
Report dated November 28, 1979, from the Director of Community
Planning and Development.
In response to Mayor Friess, Mr. Merrell clarified that the _
City is using Federal grant money received through the Community
Development Block Grant Program to subsidize the loans; that
the City is merely guaranteeing the loans with that money,
and may use the grant money to absorb the increase in the
interest rate. _
Amendment to Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to direct staff to amend
Section 3.C. of the Operating Agreement to read as follows:
"Rates to be charged as determined by Bank, prior
to any interest subsidy, but not to exceed 13.00%
Annual Percentage Rate."
The Mayor and City Clerk are authorized to execute the document
on behalf of the City.
4. AGREEMENT FOR SEWERLINE, STREET, AND STORM DRAIN
CONSTRUCTION, VIA ESTELITA (BEAR BRAND RANCH)
(38) Proposal:
(80) Approval of an agreement to provide financial and contractual
obligations for both the City and the Bear Brand Ranch Company
when a final determination is made regarding construction of —
Via Estelita.
Written Communications:
Report dated November 28, 1979, from the Director of Public
Works.
Agreement Held Over:
At the request of the Director of Public Works, Mayor Friess
directed that the item be held over.
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, _
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
1. APPROVAL OF WARRANTS
(41) The List of Demands dated November 28, 1979, Warrants Nos. 18044
through 18170, inclusive, in the total amount of $353,879.99, is
approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF OCTOBER 31, 1979
(41) The City Treasurer's Report of Investments as of October 31, 1979,
is approved as submitted.
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122
3. CITY TREASURER'S REPORT OF 1911
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of October 31, 1979, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF SEPTEMBER 30, 1979
(41) The City Treasurer's Summary Statement of Fund Cash Balances
' for the 3 -month period ending September 30, 1979, is approved
as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
NOVEMBER 6, 1979
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of November 6, 1979, is ordered received and filed.
6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
NOVEMBER 13, 1979
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of November 13, 1979, is ordered received and filed.
7. APPROVAL OF FINAL PARCEL MAP 857,
ORTEGA INDUSTRIAL PARK (KING)
(85) Final Parcel Map 857 is approved with the determination that the
map is in conformance with the Subdivision Map Act; all fees
have been paid and all conditions of approval met. The Mayor
and City Clerk are authorized to sign both the Subdivision
Agreement and the agreement to install the public improvements
if Assessment District 78-3 (Ortega Properties) is not implemented.
' The Agreements are to be forwarded to the Orange County Recorder
for recordation.
8. APPROVAL OF FINAL PARCEL MAP 859 AND DEFERRAL
OF FEES, CALLE ASPERO AND PASEO ALTO PLANO (SAUNDERS)
(85) Final Parcel Map 859 is approved with the determination that the
(93) map is in conformance with the Subdivision Map Act. As set
forth in the report dated November 28, 1979, from the Director
of Public Works, deferral of development fees is approved for
a 3 -year period of time from the recordation of the map, or
until issuance of a building permit on Parcel 1 or sale of
either parcel, whichever occurs first.
9. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS -
MAINTENANCE OF JUNIPERO SERRA PARK AND EL CAMINO REAL PARK
(38) The specifications for the maintenance of Junipero Serra Park
(62) and E1 Camino Real Park are approved and the City Clerk is
authorized to accept bids, as set forth in the report dated
November 28, 1979, from the Director of Public Works.
10. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS -
MAINTENANCE OF DESCANSO PARK, A PORTION OF C. RUSSELL COOK
PARK. MISSION BELL PARK AND SPECTFTED PARKWAVS
(38) The specifications for the maintenance of Descanso Park, Mission
(62) Bell Park, a portion of C. Russell Cook Park and specified
parkways, are approved and the City Clerk is authorized to
accept bids, as set forth in the report dated November 28,
1979, from the Director of Public Works.
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11. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS -
LANDSCAPE MAINTENANCE DISTRICTS. TRACTS 7673. 8485. 9382
(38) Written Communications:
(74) (1) Report dated November 28, 1979, from the Director
of Public Works;
(2) Memorandum dated November 14, 1979, from Gary Mitchell,
summarizing the current status of common area landscaping
within the designated maintenance district boundaries.
Approval of Plans:
The plans and specifications for landscape maintenance of the
common areas in each of the five tracts are approved and the
City Clerk is authorized to accept bids.
12. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS -
1980 ANNUAL WEED ABATEMENT PROGRAM
(38) The specifications for the 1980 weed abatement services are
(74) approved and the City Clerk is authorized to accept bids, as
set forth in the report dated November 28, 1979, from the
Diector of Public Works.
13. ACCEPTANCE OF EASEMENTS FOR STREET LIGHTING CONDUIT,
TIERRA DEL CABALLO, TRACT 9204
(73) The easements from Tierra del Caballo Association for maintenance
(85) of street lighting electrical services are accepted and the
City Clerk is authorized to forward the easements to the
Orange County Recorder. The easements over portions of Lots C,
1, 3 and 11, will contain conduits to supply the street lights
on Avenida Siega and Ortega Highway, as set forth in the report
dated November 28, 1979, from the Director of Public Works. —
14. AUTHORIZATION FOR PAYMENT FOR ENVIRONMENTAL
IMPACT REPORTS - DORMANT PROJECTS
(37) Final payment to the following consultants for Environmental
(68) Impact Report preparation is approved for the following
inactive projects:
Project
Consultant
Las Ramblas Professional
Building Westec Services, Inc
C. Russell Cook Park
Master Plan
RELEASE
Amount Due
$1,048.50
Ultrasystems, Inc. $1,485.00
BONDS AND COMPLETION OF CERTAIN
(85) Following clarification that the proposed new bonding will be
adequate to cover and insure correction of problems at the
Wagon Wheel Stables, it was moved by Councilman Schwartze,
seconded by Councilman Hausdorfer and unanimously carried
as follows:
(38) Acceptance of New Maintenance and Fine Grading Bonds,
(85) Tracts 7673, 8485 and 9382:
Staff is authorized to accept the following new maintenance
and fine grading bonds for Tracts 7673, 8485 and 9382 from
Covenant Mutual Insurance, as set forth in the report dated
November 28, 1979, from the Director of Public Works:
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11
Tract Bond No.
7673 009099
8485 009200
9382 009098
Amount
$ 35,000
38,000
160,000
124
(38) Release of Grading Bonds, Tracts 7673, 8485, and 9382:
(85) Staff is authorized to release the following grading bonds
from Covenant Mutual Insurance, as set forth in the report
dated November 28, 1979, from the Director of Public Works:
Tract
Bond No.
Amount
7673
006378
$355,070
8485
006379
379,789
9382
006380
530,885
(38) Completion of Certain Public Improvement -
(85) Tracts 7673, 8485, and 9382:
The following is authorized, as set forth in the report dated
November 28, 1979, from the Director of Public Works:
Acceptance of Work:
The following Resolution is adopted:
RESOLUTION NO. 79-11-28-1, COMPLETION OF PUBLIC
IMPROVEMENTS - TRACTS 7673, 8485, AND 9382 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING CERTAIN WORK
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACTS 7673, 8485
AND 9382
The Resolution accepts the public improvements and directs the
City Clerk to forward the Notice of Completion for each tract
to the County Recorder within 10 days.
Release and Acceptance of Bonds:
The following Labor and Material bonds from Covenant Mutual
Insurance Company are released upon 35 days after recording of
the Notice of Completion:
Tract
Bond No.
Amount
7673
006245
$538,572
8485
006248
663,624
9382
006251
521,927
The following Labor and Material bonds from Covenant Mutual
Insurance are accepted:
Tract
Bond No.
Amount
7673
006245-A
$ 80,000
8485
006248-A
132,724
9382
006251-A
156,000
The following Faithful Performance Bonds from Covenant Mutual
Insurance Company are extended to November 28, 1980:
Tract
Bond No.
Amount
7673
006245
$538,572
8485
006248
663,624
9382
006251
521,927
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19-45
SUBDIVISIONS AND ANNEXATIONS
1. REQUEST FOR DEFERRAL OF DEVELOPMENT FEES AND BONDS -
APPROVAL OF FINAL PARCEL MAP 851 (ALPHA BETA/COLLINS/DIVERSIFIED)
(85) Proposal:
(93) A request from Collins/Diversified for deferral of development
fees and bonds required for Parcel Map 851.
Written Communications:
(1) Report dated November 28, 1979, from the Director of
Public Works, itemizing the fees and bonds required for
the project and recommending denial of the request;
(2) Report dated November 28, 1979, from the Director of
Public Works, recommending approval of the Final Parcel
Map.
John Collins, 270 South Bristol Street, Suite 201, Costa Mesa,
developer of the Alpha Beta project, advised that he is not
adverse to paying the plan check -type fees; that irrevocable
letters of credit totaling $142,000 have been submitted; that
the request for deferral pertains to construction stage fees
only due to abnormal sequencing of the project.
Approval of Deferral of Fees:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the request to defer specified development fees
in connection with Parcel Map 851 be approved with the condition
that no grading permits be issued for any parcel until all fees
are paid. The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess
NOES: Councilman Thorpe
ABSENT: Councilman Buchheim
Approval of Final Parcel Map:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze to approve Final Parcel Map 851 determining that said
map is,consistent with the General Plan and in substantial
compliance with the approved tentative map. The motion carried
by the following vote:
AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess
NOES: Councilman Thorpe
ABSENT: Councilman Buchheim
The Subdivision Agreement is approved and the Mayor and City
Clerk are authorized to execute the document on behalf of
the City and the City Clerk is authorized to record the agreement.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REPORT - SOUTH
4
(88) Proposal:
(37) Approval of the concept of hiring the firm of HAVAC Aviation
Associates to monitor activities and provide information and
advice relative to the establishment of a new general aviation
airport in the south County area.
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126,
Written Communications:
Report dated November 28, 1979, from David DeBeauvais,
Administrative Assistant.
Council Discussion:
Councilman Thorpe cited concerns regarding consultant hiring
and the lack of specific airport proposals for a consultant
to react to. Councilman Hausdorfer cited a need for the City
to be continually aware of the situation, and Councilman
Thorpe suggested assigning an administrative assistant to
' monitor County activities until a specific proposal is
prepared. Councilman Schwartze suggested that the scope of
work and costs be clearly set forth in the contract with
HAVAC.
Approval of Concept:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze to approve the concept of contracting with the firm
of HAVAC Aviation Associates for the receipt of consulting
services relative to the establishment of a general aviation
airport in the south Orange County region; and, to direct the
City Manager to prepare a contract for Council approval at a
future meeting. The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess
NOES: Councilman Thorpe
ABSENT: Councilman Buchheim
RECESS AND RECONVENE
The Council recessed at 9:05 P.M., and reconvened at 9:13 P.M.
2. STATUS REPORT - "TO DO" LIST
' (32) Written Communications:
Report dated November 28, 1979, from the City Manager forwarding
a status report on the Hillside Regulations Handbook and advising
that of the other 5 items requested by Council, 3 have been
forwarded under separate cover, and 2, the report on the South
County Airport and the Sewer Assessment District for McCracken
Hills, are listed on the Agenda.
Removal of Items from "To Do" List:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to remove the following items
from the "To Do" List:
(1) Public Sewer Assessment District, McCracken Hill;
(2) South County Airport - Joint Powers Agreement;
(3) Intersection of Del Obispo/Alipaz;
(4) Citrus Tree Removal Policy;
to retain the Hillside Regulations Handbook item on the "To Do"
List; and, to agendize the Posting of Public Hearing Notices
at Properties.
CITY CLERK
' 1. LEASE OF CITY PROPERTY FOR BOARDING STABLE
(WAGON WHEEL STABLES)
(38) Proposal:
(23) Approval of a one-year extention to the term of the Agreement
with Wagon Wheel Stables for lease of City property for use
as a boarding stable.
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127
Written Communications:
Report dated November 28, 1979, from the City Clerk/Equestrian
Commission Secretary, recommending approval of the extension
of the term to January 2, 1981.
Approval of Extension:
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to approve the Addendum to the
Lease Agreement for Boarding Stable to read as follows:
"9. Term.
The Interim Agreement for Lease of Boarding
Stable dated April 20, 1978, is extended for
a one-year period of time to January 2, 1981;
provided, however, that the lease may be
terminated by the City Council upon 90 days
written notice to Lessee."
The Mayor and City Clerk are authorized to sign the document
on behalf of the City.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT - MEREDITH CANYON
LANDSCAPING, TRACTS 8087 AND 8319
(85) With the concurrence of Council, Mayor Friess directed that the
status report on the Meredith Canyon Landscaping, dated
November 28, 1979, be received and filed.
2. AMENDMENT TO RESOLUTION OF ANNEXATION
(VAN ROEKEL, ET AL.)
(21) Proposal:
Amendment to the City's original annexation request for
property located at the northern City limits, to include
two additional parcels known as the Abdelmuti and Montessori
School properties, and the Marguerite Parkway, Via Escolar,
and freeway rights-of-way. The original annexation request
includes property known as the Van Roekel, Dewire, Coast Bible
Church properties and a .75 -acre parcel at the intersection
of Marguertie Parkway and Via Escolar.
Written Communications:
Report dated November 28, 1979, from the Director of Community
Planning and Development.
Mr. Merrell advised that the additional rights-of-way would
"square off" the annexation area; that LAFCO has indicated
support for inclusion of the additional properties; and, that
the Spotted Bull area has not been included at the choice
of residents of the area.
George Grupe, 29542 Spotted Bull Lane, advised Council of
his feelings about the annexation and the desire of the
Spotted Bull area residents to remain unincorporated.
Approval of Amended Application:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer to adopt the following Resolution, which includes
the Abdelmuti and Montessori School parcels and the Marguertie
Parkway, Via Escolar, and freeway rights-of-way within the
proposed annexation area:
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7
RESOLUTION NO. 79-11-28-2, AMENDED APPLICATION FOR
ANNEXATION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 78-9-6-5 BY EXPANDING THE PROPOSED
ANNEXATION AREA IN ITS APPLICATION TO THE LOCAL AGENCY
FORMATION COMMISSION FOR THE ANNEXATION OF TERRITORY
ADJACENT TO THE NORTH BOUNDARY OF THE CITY (ANNEXATION
AREA IDENTIFIED AS VAN ROEKEL, ET AL.)
The motion carried by the following vote:
AYES: Councilman Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
DIRECTOR OF PUBLIC WORKS
1. STATUS OF SLUDGE DISPOSAL AT TREATMENT PLANT (S
(79) With the concurrence of Council, Mayor Friess directed that
the report dated November 28, 1979, from the Director of
Public Works, be received and filed.
2. REPORT ON
SESSMENT DISTRI
(74) Written Communications:
(80) Report dated November 28, 1979, from the Director of Public
Works, setting forth problems and possible solutions with
regard to construction of the proposed sewer.
Mayor Friess inquired into the City's liability and responibility
for construction of the sewer pursuant to allowing construction
in the area, and was advised by the City Attorney that there
could be potential liability and that Council might wish to
take actions to forestall it. Councilman Schwartze suggested
that any further building activity be forwarded for Council
review.
Report on Legal Aspects:
With the concurrence of Council, Mayor Friess directed that
a report be agendized dealing with the legal aspects of the problem
and to consider actions to preclude City liability pending
installation of the sewer, and that residents of the area be
made aware of Council's consideration.
COMMISSIONS, BOARDS, COMMITTEES
MOBILE HOME PARK REVIEW BOARD
1. REPORT ON PETITIONS (EL NIDO MOBILE ESTATES)
(23) With the concurrence of Council, Mayor Friess directed that
(72) the report dated November 28, 1979, from the City Attorney,
regarding the E1 Nido Mobile Home Park's petition to be
recognized as a Member of the San Juan Capistrano Mobile
' Home Owner Council, and requesting revisions to the El
Nido owner -tenant lease agreement, be received and filed.
The report advises that the residents of the Park do not
need City recognition to form an association or to join
the San Juan Capistrano Mobile Home Owners Council, and
that the City Attorney had met with management of El Nido
Mobile Estates to work out a revised lease which is within
the guidelines of the Mobile Home Ordinance No. 380; further,
that the lease was approved by the E1 Nido Park management
and that the Mobile Home Park Review Board will review the
lease at their next meeting.
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129
PLANNING COMMISSION
1. REPORT OF MEETING OF NOVEMBER 13, 1979
(67) Following clarification of the action taken on General Plan
Amendment 79-3A (Van Roekel) and the location of the Vangalis
and Barrack projects, it was moved by Councilman Schwartze,
seconded by Councilman Hausdorfer and unanimously carried to
receive and file the report of actions taken by the Planning
Commission at their meeting of November 13, 1979.
TRAFFIC AND TRANSPORTATION COMMISSION
1. REVIEW OF COMMISSION DUTIES
(23) Written Communications:
Report dated November 28, 1979, from George Alvarez, Secretary,
forwarding the duties, responsibilities and functions of the
Commission as set forth in Ordinance No. 321.
Joint Meeting Schedule:
With the concurrence of Council, Mayor Friess directed that a
joint meeting with the Traffic and Transportation Commission
be scheduled for January for discussion of Commission duties
and charges, and that the current vacancy on the Commission
not be filled until after that meeting.
COUNCIL REMARKS
1. CIVIC CENTER SITE
(34) Council concurred with Councilman Thorpe's suggestion that
discussion be re -opened with the Capistrano Unified School
District to determine the District's interest in re -negotiating
the lease of the Union High School site and to discuss the
cost of portable classrooms versus the amount of space that
would actually be used by the City.
2. LIBRARY SITE
(52) Council concurred with Mayor Friess' suggestion that staff inform
School District officials that when construction of the tennis
courts is ready to commence, money will be available from the
City. Staff was directed to amend the appropriate section
of the lease agreement to reflect the availability of the funds.
3. STREET CORNER FLOWER SELLERS
(72) Council concurred with Councilman Thorpe's suggestion that
staff clarify the problems involved in controlling the
unlicensed business of selling flowers on street corners
within the City.
4. CITY EVACUATION PLAN - NUCLEAR DISASTER
(89) Councilman Hausdorfer suggested addressing the effectiveness
of the City's evaucation plan in the event of a nuclear disaster.
5. WEED ABATEMENT
(74) Councilman Schwartze noted complaints received regarding
weeds along the river bank in the area of Avenida Aeropuerto
and the mobile home park.
6. NEWSPAPER CLIPPING SERVICE
(32) Council concurred with Councilman Schwartze's suggestion that
staff investigate the feasibility of hiring a newpaper
clipping service for City -related items.
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7. SIDEWALK NEWSRACKS
(32) Councilman Schwartze noted problems of some northern Orange
County cities with newsracks and inquired into the City's
ability to deal with such a problem. Mr. Murphy advised
that the problem existed at one time and was dealt with.
8. LANDSCAPE ASSESSMENT DISTRICT
(74) Councilman Schwartze noted interest expressed by the Mission
Park Homeowners Association in instituting a landscape
maintenance district in their area.
9. SCHEDULE OF MEETINGS
(32) Council concurred with Mayor Friess' suggestion that the Council
meeting schedule for January be re -scheduled from January 2
and January 16, to January 9 and January 23.
EXECUTIVE SESSION
Council recessed to an Executive Session at 10:31 p.m., the Deputy
City Clerk being excused therefrom, and reconvened at 10:45 p.m.
There being no further business before the Council, the meeting
was adjourned at 10:46 p.m., to the next regular meeting date of
Wednesday, December 5, 1979, at 7:00 P.M., in the City Council
Chamber.
Respectfully submitted,
MARY ANN ANOVER, CITY CLERK
KENNETH E. RIES , MAYS
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11/28/79