79-1219_CC_Minutes_Regular MeetingDECEMBER 19, 1979
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Friess at
7:08 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Gary L. Hausdorfer,
Mayor pro tem.
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 November 28, 1979:
It was moved by Councilman Schwartze, seconded by Councilman Thorpe
that the Minutes of the Adjourned Regular Meeting of November 28,
1979, be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Regular Meeting of December 5, 1979:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer
that the Minutes of the Regular Meeting of December 5, 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 December 12, 1979:
It was moved by Councilman Schwartze, seconded by Councilman Thorpe
that the Minutes of the Adjourned Regular Meeting of December 12,
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
oc
12/19/79
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Thorpe, seconded by Councilman Buchheim
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 AND COMMENDATIONS
1. ORANGE COUNTY HOUSING AUTHORITY REPRESENTATIVE
(JESSICA DEAN)
(36) Acceptance of Resignation:
(56) It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to accept the resignation
submitted by Jessica Dean effective November 1, 1979.
Commendation:
Mayor Friess read the commendation in full, and it was moved
by Councilman Schwartze and seconded by Councilman Hausdorfer
that the following Resolution be adopted:
RESOLUTION NO. 79-12-19-1, COMMENDING JESSICA D. DEAN -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, COMMENDING JESSICA D. DEAN,
REPRESENTATIVE TO THE ORANGE COUNTY HOUSING AUTHORITY
ADVISORY COMMITTEE
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. TRAFFIC AND TRANSPORTATION COMMISSION MEMBER
(SHARON NEELY)
(36) Acceptance of Resignation:
(23) It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to accept the resignation
submitted by Sharon Neely effective November 15, 1979.
Commendation:
Mayor Friess read the commendation in full, and it was moved _
by Councilman Schwartze and seconded by Councilman Thorpe that
the following Resolution be adopted:
RESOLUTION NO. 79-12-19-2, COMMENDING SHARON NEELY -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING SHARON NEELY,
MEMBER OF THE TRAFFIC AND TRANSPORTATION COMMISSION
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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15n
ORAL COMMUNICATIONS
1. PERSONNEL - LAND USE COORDINATOR (GARY MITCHELL)
(66) Gary Mitchell, Land Use Coordinator, who had submitted his
resignation effective December 21, 1979, expressed his
appreciation for Council support of employees. Mayor Friess
extended best wishes and expressed Council appreciation for
Mr. Mitchell's service on behalf of the City.
DENSITY ALLOCATIONS - THE RANCH PLANNED COMMUNITY
(28) This item was taken out of order for the benefit of Mrs. Williams.
(72)
Written Communications:
Report dated December 19, 1979, from the Director of Community
Planning and Development, responding to the questions raised in
a letter dated November 20, 1979, from Marilyn C. Williams.
Mayor Friess noted concern that there may be a semantic
misunderstanding with regard to the phrase "transfer of
development rights" and clarified that in this City there is
no transfer from one property owner to another property owner
but the creation of an "open space easement" within the same
property. Mrs. Williams suggested that the contract be re-
written to state clearly that the transfer is within the same
property. General discussion ensued. Councilman Thorpe requested
that Planning and legal staff clarify the use of terms and
alternatives available to the City in various situations such
as the open space in Cook Park, open space dedication in the
Glendale Federal property, etc. Mr. Thorpe suggested that a
project be implemented to categorize all City -owned properties
and the rights inherent in each, with the questions of City
liability and changes in property use researched among other
cities. Mayor Friess requested specific answers to Mrs. Williams'
questions as they relate to the entire concept of development
rights with explanations of terminology such as development
rights transfer, dedication of development rights, etc. Mrs.
Williams requested review of tax implications if development
rights are transferred to the City; i.e., Would property be
devaluated for taxing purposes? Would school district future
planning be affected by lower land values? Can transfer of
development rights be administered by a title company?
Councilman Thorpe noted he would support consultant legal
services for research purposes.
Preparation of Basis for Policy:
The City Attorney advised that it would be necessary to
establish a program relating to development rights which
would serve as City policy. There was a concurrence of Council
that staff report during February with background information,
alternatives and options available with a review of prior
actions regarding open space and development rights, the report
to focus on providing the Council with sufficient information
to make policy decisions on a broad category of situations.
George Riley, developer of The
development rights on the open
that development rights are not
case.
WRITTEN COMMUNICATIONS
1. REQUEST FOR APPROVAL OF
Ranch, advised that there are no
space within his property and
an issue in his particular
ES
(23) Council received copies of a letter dated December 5, 1979,
(90) from Forrest Dunivin, requesting approval of the installation
of overhead electrical lines at 31771 Los Rios Street, since
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151
the use of the property as a vehicle storage yard is temporary.
Mr. Dunivin addressed the Council and in response to Councilman
Thorpe advised that a utility pole would be placed behind the
existing fence and that the meter would be on a pedestal inside
the fence line. Mr. Thorpe recommended that the request be
reviewed by the Cultural Heritage Commission.
Conditional Approval of Overhead Utility Line:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the request for
installation of overhead electrical lines, subject to the
review and approval of the Director of Public Works and con-
currence of the Chairmen of the Cultural Heritage Commission
and Los Rios Review Committee. Mr. Dunivin stated that the
City is not obligated to reimburse him for any costs or
expenses in connection with the property.
PUBLIC HEARINGS
1. GROWTH MANAGEMENT 79-2 AND 79-3 -
RESIDENTIAL CONCEPT PLANS FOR PARCELS 1 THROUGH 4
AND REZONE 79-3 (THE RANCH)
(28) Councilman Buchheim left the dais due to a possible conflict
(46) of interest.
Proposal:
A review, pursuant to Growth Management Ordinance No. 314,
of the recommendations of the Planning Commission with regard
to residential concept plans for portions of The Ranch Planned
Community, as follows:
GM 79-2, Custom Farmhouse Parcels 1-3 (21 custom
lots on 10 acres of land for future sale to
individual owners); and,
GM 79-3, Parcel 4, Helicopter Hill (29 small single-
family and townhouse dwelling units on 18 acres of
land).
Applicant:
The Ranch of San Juan Capistrano, P.O. Box 695, San Juan
Capistrano.
Written Communications:
(1) Report dated December 19, 1979, from the Director of
Community Planning and Development, forwarding the
recommendations of the Planning Commission and staff
findings.
(2) Letter dated December 6, 1979, from George W. Riley,
23011 Moulton Parkway, Suite A-16, Laguna Hills, 92653,
requesting review of several aspects of the development. _
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons
responded:
(1) Diana Gardner, 30231 Silver Spur Road, appeared on
behalf of Bill Gardner, Chairman of the Committee
for the Protection of Our Ridgelines, and advised
that the Committee supports the Commission and staff
recommendations, including the recommendation that a
condition be added requiring the Helicopter Hill
concept plan be amended to eliminate silhouetting
of dwelling units above the ridgeline as viewed from
the downtown valley floor.
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152
(2) Robert Braunsweiger, Director of Planning for Albert
C. Martin and Associates, supported the findings of
the Commission and staff with the exception of the
condition relating to the placement of four dwelling
units on Helicopter Hill, and requested that those four
units be exempted from ridgeline protection provisions
since a significant grove of trees would be planted
which would become the ridgeline.
(3) George Riley, 23011 Moulton Parkway, Laguna Hills,
property owner, spoke in support of the placement of
the units on Helicopter Hill and cited the location of
an existing residence. A model of the proposed develop-
ment was presented for Council review.
There being no further response, Mayor Friess closed the
Public Hearing with the right to re -open at any time.
Council reviewed the items contained in Mr. Riley's December 6
letter and discussion of the placement of the four units on
Helicopter Hill ensued; a motion by Councilman Hausdorfer,
seconded by Councilman Schwartze to conditionally approve
the units failed in a tie vote with Councilman Thorpe and
Mayor Friess voting against and Councilman Buchheim absent.
With regard to a rezoning of the Malaspina triangle from RA
for a family restaurant, there was a consensus that Council
would be open to discussion of possible uses; the Senior
Planner advised that the property is outside of the Planned
Community under consideration. Mr. Riley requested that the
item relating to completion of the supplemental Environmental
Impact Report be removed from consideration. With regard to
the deletion of the equestrian trail due to the trail dedication
on adjacent property, Mayor Friess advised that prior discussion
centered on a meandering of the trail between the two properties.
Approval of Residential Concept Plans, Parcels 1-4:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 79-12-19-3, THE RANCH RESIDENTIAL
CONCEPT PLANS: PARCELS 1-4 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING RESIDENTIAL CONCEPT PLANS FOR
PARCELS 1 THROUGH 4 OF THE RANCH PLANNED COMMUNITY
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
The Resolution approves the following:
(1) Amendment of the Comprehensive Development Plan to
provide for: (a) changing the maximum number of dwelling
units in Parcel 3 from 4 to 6 dwelling units; in Parcel
4 from 35 to 29 dwelling units; and, in Parcel 1 from
10 to 9 dwelling units; and, (b) City discretion in
permitting accessory structures up to 10 feet above
main residential buildings in Farmhouse and Country
Cottage Districts.
(2) Adoption of growth management point ratings of 66 for
Parcels 1-3 and 64 for Parcel 4.
(3) Approval of the residential concept plans subject to
conditions in the resolution.
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153
(55)Approval of Rezone 79-3:
(95) Council received copies of a report dated December 19, 1979,
from the Director of Community Planning and Development,
advising that pursuant to Council action on August 15, 1979,
the agreement had been signed which provides for designation
of Area 16 as an agricultural area and the parcel map for
Division of Land 78-3 had been recorded.
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 Thorpe that the following Ordinance be adopted:
ORDINANCE NO. 396, REZONE 79-3/COMPREHENSIVE DEVELOPMENT
PLAN 79-1 - 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 PARCEL 1 OF
DIVISION OF LAND 78-3 FROM AG TO PC (COMPREHENSIVE
DEVELOPMENT PLAN 79-1)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
Councilman Buchheim returned to the dais and assumed his duties.
2. TENTATIVE PARCEL MAP 79-856 (REVISED)
(ORTEGA PROPERTIES)
(85) Proposal:
A subdivision of the existing parcel for the purpose of
realigning parcel boundaries to be consistent with the approved
area plans and proposed development plans known as Architectural
Control Nos. 79-16 and 79-17, which will establish the legal
descriptions of land for bonding of improvements within
Assessment District 78-3.
Applicant:
Ortega Properties, 2915 Redhill, F-200, Costa Mesa, 92627.
Written Communications:
Report dated December 19, 1979, from the Director of Community
Planning and Development, forwarding the recommendation of
approval made by the Planning Commission on November 27, 1979.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened
the Public Hearing; and, there being no response, declared the -
Hearing closed.
Amendment to Condition 12:
Council requested clarification of Condition 12 of the proposed
Resolution; Jon Pugh, representing the developer, verified that
the intent of the Condition is that landscaping and irrigation
will not only be approved, but also installed. It was moved
by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried that Condition 12 be amended to read as
follows:
"Landscape and irrigation plans for Lot 'G' shall be
approved by the Planning Commission prior to issuance
of any building permits for Lots Nos 28 through 46;
the developer shall be responsible for the construction
of park improvements, completion of which shall be
concurrent with the issuance of the first occupancy
permit."
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154
Approval of Revised Tentative Parcel Map 856:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the following Resolution be adopted as amended
above:
RESOLUTION NO. 79-12-19-4, REVISED TENTATIVE PARCEL
MAP 856 (ORTEGA PROPERTIES) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 856, A PROPOSAL TO
SUBDIVIDE 69+ ACRES OF LAND INTO 46 NUMBERED
LOTS AND 8 LETTERED LOTS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT FOR USE OF REVENUE SHARING FUNDS -
RENOVATION OF HARRISON HOUSE
(23) Written Communications:
(41) Report dated December 19, 1979, from the Director of Public
works forwarding a proposed Agreement with the County of
Orange for the use of revenue sharing funds in the amount
of $10,000 for renovation of the Harrison House, 27832 Ortega
Highway, as an office and cultural center for the Capistrano
Indian Council.
Approval of Agreement:
' It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement
between the City and the County of Orange for the renovation
of the Harrison House and to authorize the Mayor and City Clerk
to execute the Agreement on behalf of the City.
2. AGREEMENT FOR CONSULTANT SERVICES (HAVAC AVIATI
(37) The City Manager provided Council with copies of a proposed
(88) Agreement with HAVAC Aviation, as directed by Council on
November 28th.
Approval of Consultant Services:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to retain the firm of HAVAC
Aviation Associates, Don Hanna, representative, 30161 Branding
Iron, San Juan Capistrano, to act as the City's official
consultant and liaison on general aviation airport matters
in the South County region, the proposal to be acceptable
to and signed by the City Manager.
Councilman Thorpe suggested that monthly status reports be
presented on the Council Agenda and that Mr. Hanna should
be officially designated as the City's representative, with
' the County advised that communications may be sent directly
to Mr. Hanna.
RECESS AND RECONVENE
Council recessed at 9:00 P.M., and reconvened at 9:08 P.M.
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155
CONSENT CALENDAR
It was moved by Councilman Buchheim 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 December 19, 1979, Warrants Nos. 18264
through 18374, inclusive, and 1911 Act Account Warrant Nos.
245, 246 and 247, in the total amount of $152,268.19, is
approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF NOVEMBER 30. 1979
(41) The City Treasurer's Report of Investments as of November 30,
1979, is approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF NOVEMBER 30, 1979
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of November 30, 1979, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF OCTOBER 31, 1979
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the 4 -month period ending October 31, 1979, is approved
as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
DECEMBER 4, 1979
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of December 4, 1979, is ordered received and
filed.
3
10MAX"0a 1.1
EASEMENT AND
(85) Pursuant to the recommendation of the Equestrian Commission
(73) that the trail alignment in Tract 9382 be modified, the easement —
from Belford Terrace is accepted, and the quitclaim to Belford
Terrace is approved.
7. APPROVAL OF FINAL MAP, TRACT 10283
(LANDOLF
(85) The Final Map for Tract 10382 is approved with the determination
that the map is in substantial compliance with the approved
tentative map; all conditions of approval have been met. The
Mayor and City Clerk are authorized to sign the Subdivision
Agreement and the City Clerk is to forward the Agreement to
the Orange County Recorder.
8. AWARD OF CONTRACT - PROPERTY APPRAISAL, MULTI -MODAL
TERMINAL (CHARLES FOX)
(88) Pursuant to State requirements for Senate Bill 620 Grant Funds,
the bid for appraisal of the multi -modal terminal area is
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156
awarded to Charles Fox, of Tustin, in an amount not to exceed
$2,500. The Mayor and City Clerk are authorized to execute
the contract on behalf of the City.
9. ACCEPTANCE OF EASEMENT DEED
(HOME FEDERAL SAVINGS AND LOAN)
(73) The Easement Deed from Home Federal Savings and Loan for a
(83) 10 -foot strip of land at the northeast corner of Del Obispo
(68) and Camino Capistrano is accepted and the City Clerk authorized
' to record the document. The Deed, a condition of development,
grants the City right-of-way for a right turn lane on Del
Obispo at Camino Capistrano.
. 10. ACCEPTANCE OF ALLEY DEDICATION, TRACT 7194
ADJACENT TO LOT 5 (CAPISTRANO VILLAS)
(85) This item was held over to the Council meeting of January 9,
(73) 1980, for receipt of a Resolution from the Homeowners Association,
at the request of the Director of Public Works.
SELECTION OF ARCHITECT FOR MONTANEZ ADOBE
(PAGE)
(23) Written Communications:
(38) Report dated December 19, 1979, from the Director of Public
Works regarding proposals received for the preparation of
plans and specifications for the restoration of the Montanez
Adobe. Mr. Murphy advised that Cultural Heritage Commission
Members had subsequently been polled and concurred with the
selection of Charles Hall Page.
Award of Proposal:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to employ Charles Hall Page
' and Associates of San Francisco to prepare plans and specifications
for the restoration of the Montanez Adobe in the amount of
$9,560, and to authorize the Mayor and City Clerk to execute
the contract on behalf of the City.
APPROVAL OF FINAL PARCEL MAP 856 (ORTEGA PROPERTIES)
(85) Written Communications:
Report dated December 19, 1979, from the Director of Public
Works.
Approval of Final Map:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to approve Final Parcel
Map 856 with the determination that the Map is consistent
with the General Plan and in substantial compliance with the
approved Tentative Map; the Mayor and City Clerk are authorized
to sign the Subdivision Agreement and the Agreement Relating
to the Installation of Public Improvements following review
of the financial performance surety by the City Engineer.
PRELIMINARY REPORT, DRAINAGE AND EROSION INVESTIGATION
(FORSTER CANYON REFUSE STATION NO. 17) (CH2M HILL)
' (80) Written Communications:
Report dated December 19, 1979, from the Director of Public
Works.
Following clarification, it was moved by Councilman Hausdorfer,
seconded by Councilman Schwartze and unanimously carried to
receive and file the preliminary report prepared for the County
of Orange by CH2M Hill, engineers, and advising of needed actions
to insure that the Forster Canyon Refuse site would be able to
withstand a 100 -year flood situation without undulation or
washout of waste material.
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15"7
FOR APPROVAL OF OVERHEAD UTILITI
1••• •
(90) Written Communications:
Report dated December 19, 1979, from the Director of Public
Works, advising that Gary Clampitt, owner of property
located at 31407 E1 Horno Street, has requested that the
requirement to underground electrical facilities be postponed,
due to difficulties in obtaining necessary easements.
Approval of Request:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to approve the request to
install overhead electrical service and to waive the requirement
for posting of financial surety. -
ADMINISTRATIVE ITEMS
CITY MANAGER
1. STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT,
1977 GENERAL PLAN HOUSING ELEMENT GUIDELINES
(46) Written Communications:
(1) Report dated December 19, 1979, from the City Manager,
advising that the State Department of Housing and
Community Development, by letter of December 5, 1979,
notified the City that in the Department's opinion the
City's 1974 General Plan Housing Element does not conform
with Government Code Section 65302(c) and subsequent
regulations, and that the City must apply for a deadline
extension for the purpose of preparing a new Housing
Element in conformance with the 1977 State Housing
Element Guidelines. It is the City's position, and
that of the League of California Cities, that the new
Guidelines are advisory only.
(2) Memorandum dated November 13, 1979, from the League of
California Cities, forwarding a League Resolution
determining that the Guidelines are advisory.
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to direct staff to meet with
representatives of the State Department of Housing and
Community Development to review the City's 1974 General Plan
Housing Element for compliance with mandatory State law and
to report back to Council with the findings of the review.
CITY CLERK
1. AFFIRMATION OF LOCAL APPOINTIVE LISTS FOR
COMMISSIONS, BOARDS AND COMMITTEES
(23) Written Communications:
(1) Report dated December 19, 1979, from the City Clerk,
forwarding the list of all Commission, Board and
Committee appointive terms which expire during the
1980 calendar year and the list of appointees who
serve at the pleasure of the City Council, pursuant to
Government Code Section 54974.
Affirmation of Appointive Lists:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to affirm the lists of
Commissions, Boards, and Committees and to concur with the
posting of Vacancy Notices at the three official posting
places in the City, as well as in the Office of the City
Clerk. Traffic Commissioner Sharon Neely's name will be
removed from the list due to the acceptance of her resignation
earlier in the meeting.
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158
Term Expiration Date:
The City Clerk suggested that Council may wish to reconsider
the general term expiration date of April 30, since the
election date for general law cities was recently changed
from March to April by State law. Council directed that the
item be scheduled for consideration.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT ON MEREDITH CANYON LANDSCAPING -
' TRACTS 8087 AND 8319
(85) Written Communications:
(1) Report dated December 19, 1979, from the Director
of Community Planning and Development on the status
of Meredith Canyon landscaping corrections. With
the concurrence of Council, Mayor Friess directed
that the report be received and filed.
(2) Mayor Friess cited the letter dated December 10, 1979,
from William Jovanovic, regarding a direction from the
Board of Directors of the Meredith Canyon Community
Association that certain trees are to be removed at
33452 Via de Agua. With the concurrence of Council,
Mayor Friess directed that staff reply and advise
Mr. Jovanovic of tree removal permit requirements,
with a copy of the letter to be sent to the Homeowners
Association.
VARIANCE CODE AMENDMENT SURVEY -
LAND USE MANAGEMENT CODE
(55) Written Communications:
Memorandum dated December 13, 1979, from the Director of
Community Planning and Development, advising that the
' report will be completed and scheduled for future Council
consideration.
3. PERSONNEL - AUTHORIZATION TO CONTRACT FOR
CONSULTANT PLANNING SERVICES
(66) Written Communications:
(37) Report dated December 19, 1979, from the Director of
Community Planning and Development, requesting approval
of a personnel and consultant program due to position
vacancies and major planning projects.
Approval of Program:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to authorize staff to proceed
with the following program:
(1) Immediately hire two planners on a temporary basis
to fill-in for the two vacant positions during the
recruitment process.
(2) Initiate recruitment process as soon as possible for
the two vacant positions on a permanent basis.
(3) Give first priority of staff time to projects which
are already substantially in process or which have
time clocks running on them. Other development proposals
and projects will receive attention at the discretion
of the Director.
(4) Contract with outside planning firms to assist staff
with the Colinas de Capistrano or other major planning
projects as needed to meet the technical requirements and
the deadlines, in an amount not to exceed $6,000.
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159
APPEALS OF PLANNING COMMISSION DECISIONS - PUBLIC HEARING DATES
(67) The three reports dated December 19, 1979, from the City
Clerk on the following subjects had been removed from the
Consent Calendar at the request of the Director of Community
Planning and Development:
(39) (1) Conditional Use Permit 79-5 (Hoffman):
Appeal of November 27, 1979, Planning Commission decision
filed by John R. Parker on behalf of Mrs. Hoffman in _
connection with revocation of Conditional Use Permit 79-5,
an equestrian stable located at the terminus of San Juan
Creek Road.
(46) (2) General Plan Consistency/Ridgeline Protection (Vangalis):
Appeal of November 13, 1979, Planning Commission decision
filed by Steven Coontz on behalf of Dan Vangalis in
connection with the proposed location of a single-
family residence.
(39) (3) Conditional Use Permit 79-6 (Super -7 Service Station):
Appeal of November 27, 1979, Planning Commission decision
filed by Hal Miller, Super -7 Western Gasoline Division,
in connection with conditions requiring a temporary joint
access driveway for the station located at the intersection
of Camino Capistrano and Del Obispo Street.
Public Hearing Dates:
The Director of Community Planning and Development requested
that the hearings be scheduled after January, due to staff
limitations.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried that the public hearings on
the above appeals be scheduled for the Council meeting of _
January 9, 1980, with the understanding that continuances of
those hearings will be requested.
COLINAS DE CAPISTRANO -
PLANNED COMMUNITY IN COUNTY TERRITORY
(56) Mayor Friess requested that Council consider taking a similar
position with regard to Area 1 of the Colinas de Capistrano
development as previously stated for Areas 2 and 3 for the
purpose of consistency with City ridgeline protection policies.
The Director of Community Planning and Development advised that
Area 1 is within the most northerly corner of the development
in the area of Crean Ranch.
City Position on Area 1 Ridgeline:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried that within the City's
sphere of influence staff is to endeavor to attain the same
conditions for Areas 1, 2 and 3.
View Analysis:
The Director of Community Planning and Development suggested
that an adjourned Council meeting be scheduled in January to
receive the view analysis of ridgeline encroachment and to
give direction to staff, with representatives of the Campeau
Corporation, County Planning Commission and County Planning
staff invited to attend. There was a concurrence of Council
that the Mayor and staff be authorized to set the meeting date.
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DIRECTOR OF PUBLIC WORKS
1. RELOCATION OF HEAD START PROGRAM TO CITY PROPERTY,
CONDITIONAL USE PERMIT 78-4
(39) Written Communications:
Report dated December 19, 1979, from the Director of Public
Works advising that the relocation of the Head Start Program
to City property adjacent to the Hot Springs Dance Hall is
expected to be complete within a month.
With the concurrence of Council, Mayor Friess directed that
the report be received and filed, with the suggestion that
grass and trees be planted in the area between the mobile
units and the Dance Hall.
?. RELOCATION OF 4-H PROGRAM TO WATERWORKS PROPERTY
(38) Written Communications:
Report dated December 19, 1979, from the Director of Public
Works, advising that the 4-H Club is in the process of relocating
from City property to property leased from Waterworks District
No. 4.
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to set a date certain of
February 1, 1980, for the completion of the facility relocation.
Mayor Friess suggested that the area presently used by the
4-H Club be designated for public and storage use.
3. STREET SWEEPING PROGRAM -
AUTHORIZATION TO PREPARE SPECIFICATIONS AND RECEIVE PROPOSALS
(83) Written Communications:
Report dated December 19, 1979, from the Director of Public
Works, setting forth alternative methods for maintaining the
current level of street sweeping service, taking into considera-
tion recent and anticipated development projects.
Equipment Specifications and Contract Proposals:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to authorize staff to: (1)
prepare specifications for a second street sweeping unit in
order to determine approximate equipment costs; and, (2) to
receive proposals for contract street sweeping services.
4. ACCEPTANCE OF EASEMENT FOR SEWER AND STORM DRAIN PURPOSES,
VIA ESTELITA (SPAULDING)
(73) Written Communications:
(80) Report dated December 19, 1979, from the Director of Public
Works, requesting that Council accept an Easement for sewer
and storm drain purposes over the northerly half of the Via
Estelita right-of-way from Mr. and Mrs. Richard Spaulding,
31611 Sacarama Lane, in lieu of accepting an existing
irrevocable offer of dedication. The 30 -foot -wide Easement
will accommodate pipeline alignments for Bear Brand Ranch,
but will not be related to further improvements to Via
Estelita at this time.
Acceptance of Easement:
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to accept the Easement Deed for
sewer and storm drain purposes across the northern half of
the proposed Via Estelita right-of-way and to authorize the
City Clerk to record the Deed on behalf of the City.
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161
COMMISSIONS, BOARDS, AND COMMITTEES
PLANNING COMMISSION
1. REPORTS OF MEETINGS OF NOVEMBER 29 AND DECEMBER 11, 1979
(67) It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to receive and file the report
of actions taken by the Planning Commission on November 29, 1979.
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to receive and file the
report of actions taken by the Planning Commission on
December 11, 1979.
ENVIRONMENTAL REVIEW BOARD
1. REVIEW OF COUNTY ZONE CHANGE APPLICATION 79-:
Un OAMn AMn ( nAWUT nnVnT,TTnTT
(56) Written Communications:
Report dated December 19, 1979, from the Director of Community
Planning and Development, forwarding the concerns expressed by
the Environmental Review Board regarding a zone change applica-
tion for a sand and gravel operation in an area beginning at
Trabuco Creek Road at the north City limits and extending 5
miles northward through County territory along the Trabuco
Creekbed. Existing access to the project area is within
the City limits via Trabuco Creek Road adjacent to Village
San Juan.
There was a concurrence of Council that access to the project
should be through Avery Parkway or Crown Valley Parkway, rather
than Trabuco Creek Road; staff is directed to forward a copy
of the report and application to the President of the Village
San Juan Homeowners Association and to advise the Association of
the County public hearing dates on the matter.
TRAFFIC AND TRANSPORTATION COMMISSION
1. PARKING RESTRICTIONS FOR OVERSIZED VEHICLES
(55) Written Communications:
(64) Report dated December 19, 1979, from George Alvarez, Commission
Secretary, forwarding the Commission recommendation that
consideration be given to restricting all public street parking
in the City.
Referral to Commission:
It was moved by Mayor Friess, seconded by Councilman Hausdorfer
and unanimously carried to refer the matter back to the Traffic
and Transportation Commission for study of restrictions on
parking of oversized vehicles; no further consideration is to
be given to prohibiting residential parking.
COUNCIL ACTIONS
1. APPOINTMENT TO ORANGE COUNTY HOUSING AUTHORITY
(DAWNA SAUNDERS)
(56) Written Communications:
Report dated December 19, 1979, from the City Manager,
forwarding applications on file for appointment as the City's
representative to the Advisory Committee of the Orange County
Housing Authority. The position was vacated by the resignation
of Jessica Dean effective November 15, 1979.
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162.
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to appoint Dawna Saunders,
31881 Paseo Alto Plano, as the City's representative to the
Housing Authority Advisory Committee.
COUNCIL REMARKS
1. COUNCIL MEETING SCHEDULE
(32) Councilman Thorpe suggested that a joint meeting be held in
February with the Traffic and Transportation Commission and
the Parks and Recreation Commission, and Council concurred
that a meeting be scheduled for Wednesday, February 13, 1980.
2. EQUESTRIAN TRAIL, TRACT 9382 (MAURER)
(85) Councilman Hausdorfer commended the appearance of the recently -
completed equestrian trail improvements installed by Maurer
Development Company in Tract 9382. Mayor Friess commented
favorably on the use as a hiking trail also.
3. SENIOR CITIZENS RECREATION PROGRAM
(62) Councilman Hausdorfer commended the Recreation Department for
the Senior Citizens Second Annual Dinner celebration.
4. COMMENDATIONS
(36) Councilman Schwartze suggested that commendations be prepared
for Gary Mitchell, Land Use Coordinator, who resigned effective
December 21, and for Maurer Development Company for the equestrian
trail improvements.
5. SALE OF NARCOTICS PARAPHENALIA
(55) Councilman Schwartze noted an ordinance received from the City
of Villa Park and suggested that consideration be given to
adopting an ordinance dealing with the sale of narcotic
paraphenalia.
6. FINAL REPORT ON RETIREMENT SYSTEM REVIEW
(66) Council concurred with Councilman Schwartze's suggestion that
the City Manager prepare a final report on the recent review
of the City employee's retirement system.
7. BEAR BRAND RANCH
(85) Mayor Friess recommended that staff keep in contact with County
(21) representatives on the progress of the Bear Brand Ranch develop-
ment.
8. MEETING WITH HOMEOWNERS ASSOCIATION PRESIDENTS
(61) Mayor Friess directed that a meeting be scheduled for Wednesday,
(32) January 30, 1980, with the Presidents of local Homeowners
Associations.
9. COMM13NDATIONS
(36) Mayor Friess commended the Chairman of the Equestrian Commission,
the City Clerk/Equestrian Commission Secretary, and Marty Bryant,
Principal Engineering Aide, for their extra efforts in nego-
tiating trail improvements in the Maurer Tract 9382.
Mayor Friess commended Bob Maurer for his community service in
holding the Christmas decorating contest and award ceremony
on Sunday, December 16, for local youth. Mayor Friess also
commended the Sheriff's Department for their traffic control
efforts on the Ortega Highway on that date.
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b
10. TRUCK TRAFFIC, ORTEGA HIGHWAY
(87) Mayor Friess advised that he had clocked a sand and gravel
truck on the Ortega Highway traveling at 75 miles per hour
and suggested that consideration be given to placing a signal
at the north end of the Highway within the City limits to slow
truck speeds.
VIOLATION OF SIGN REGULATIONS
(25) The City Manager advised Council that the operators of the
delicatessen at 31401 Camino Capistrano place an advertising
sign on the public sidewalk during weekends and that the
violation of City regulations will be cited at the next
occurrence. —
EXECUTIVE SESSION
Council recessed to a personnel session at 10:30 P.M., the City Clerk
being excused therefrom, and reconvened at 10:50 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:55 P.M., to the next regular meeting date of
Wednesday, January 2, 1980, at 7:00 P.M., in the City Council
Chamber.
ATTEST:
I'KENNETH E. FRIESS, MAY R
Respectfully submitted,
MARY ANN 7NOVER, CITY CLERK
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