80-0220_CC_Minutes_Regular Meeting218
FEBRUARY 20, 1980
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
7:00 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Rick Gunn,
Community Christian Church.
ROLL CALL PRESENT: Kenneth
Gary L.
Lawrence
Phillip
James F.
ABSENT: None
E. Friess, Mayor
Hausdorfer, Mayor pro tem
F. Buchheim, Councilman
R. Schwartze, Councilman
Thorpe, 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; Mary Ann Hanover, City Clerk.
MINUTES
of January 23, 1980
It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer
that the Minutes of the Adjourned Regular Meeting of January 23,
1980, be approved with the following amendment: Page 3, penultimate
paragraph, line 8: following the words "will mitigate" insert "the
school situation by meeting The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Regular Meeting of February 6, 1980:
It was moved by Councilman Schwartze, seconded by Councilman Thorpe
that the Minutes of the Regular Meeting of February 6, 1980, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, 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
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PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION OF THE FIESTA DE LAS GOLONDRINAS,
MARCH 16 - 22, 1980
(61) Change to Parade Start -Up Time:
(71) In response to Mayor Friess, the City Manager advised that
the parade start up time had been changed from 1:00 P.M., to
11:00 A.M., at the request of the Sheriff, the Engineering
Department and some local businesses.
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to proclaim the week of
March 16-22, 1980, as the Fiesta de las Golondrinas in
celebration of the annual return of the swallows from Argentina, -
as set forth in the report dated February 20th from the City
Clerk. The 22nd annual Swallows Day Parade sponsored by the
San Juan Capistrano Fiesta Association will be held on
Saturday, March 22, 1980.
2. COMMENDATION - DOWNTOWN PLAZA AND PARKING STUDY
COMMITTEE MEMBER MacLAREN DAVID PEACE
(36) With Council concurrence, Mayor Friess signed the Certificate
(23) of Commendation for Maclaren David Peace for his service to
the community as a Member of the Downtown Committee from
August 16, 1978, until his resignation on January 29, 1980.
3. COMMENDATION - SENIOR CITIZENS CLUB PRESIDENT
MIKE MADIGAN
(36) Mayor Friess presented the Certificate of Commendation to
(62) Mike Madigan for his service to the community as President of
the San Juan Capistrano Senior Citizens Club from its formation
on January 3, 1979, and displayed the plaque awarded to
Mr. Madigan as recipient of the California Parks and Recreation
Society District X Volunteer Service Award received on
February 5, 1980.
4. COMMENDATION AND ACCEPTANCE OF RESIGNATION -
SERRA REPRESENTATIVE DOUGLAS NASH
(36) It was moved by Councilman Schwartze, seconded by Councilman
(79) Hausdorfer and unanimously carried to accept the resignation
submitted by Douglas B. Nash as the City's representative to
the Board of Directors of the SouthEast Regional Reclamation
Authority effective February 11, 1980, and to authorize the
Mayor to sign the Certificate of Commendation for Mr. Nash's
service to the community from February 7, 1979, to February 11,
1980.
A Resolution of appointment to the Board is to be prepared for
the meeting of March 5.
5. REPORT ON SHERIFF SERVICES
(70) This item was held over to a future meeting due to rain
conditions in the City.
ORAL COMMUNICATIONS
1. STORM DAMAGE, CAPTAIN'S HILL DEVELOPMENT (STREELMAN)
(80) Larry Streelman, 25701 Windjammer Drive, expressed his
(85) appreciation to Councilman Buchheim, the Director of Public
Works and the Members of the Department for their assistance
with a plugged storm drain and noted support for budgeting of
equipment. Mr. Strielman requested that serious consideration
be given to the drainage situation in relation to any future
development above the Captain's Hill area. Councilman Buchheim
expressed appreciation to the residents of the area.
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2. STORM DAMAGE, MEREDITH CANYON DEVELOPMENT
(80) Mike Madigan, Jr., 33531 Avenida Calita, reported storm water
(85) drainage problems at his residence and in the surrounding area
of Meredith Canyon. The Director of Public Works advised
that landscaping has inhibited water flow and that drainage
is to be into the street. Councilman Thorpe suggested that
purchase of portable pumps be considered during budget discussions
as a means of assisting residents on a temporary basis during
periods of heavy rains; in addition, the entire area should
be checked for slope stability.
Chuck DeCapite, 33501 Avenida Calita, requested City review of
drainage conditions in the Alto Capistrano area.
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION DECISION - CONDITIONAL USE
PERMIT 79-5 (HOFFMAN STABLES)
(39) Proposal:
(23) An appeal of action taken by the Planning Commission on
November 27, 1979, in re -affirming their October 9th revocation
of Conditional Use Permit 79-5 due to lack of fulfillment of
all conditions of approval in connection with the commercial
equestrian center located along San Juan Creek Road.
Appellant:
John R. Parker, Attorney at Law, 1439 East Chapman Avenue,
Orange 92666, on behalf of Mrs. Walter Hoffman, the property
owner.
Written Communications:
(1) Report dated February 20, 1980, from the Director of
Community Planning and Development setting forth a
chronology of events and the current status of the
Conditions of Approval.
(2) Letter dated November 28, 1979, from John R. Parker,
appealing the Planning Commission decision.
Public Hearing:
Notice of continuation from the meeting of January 9, 1980,
having been given as required by law, Mayor Friess opened the
Public Hearing, and the following persons responded:
(1) John R. Parker, representing Mrs. Hoffman, stated that
any errors made had not been an attempt to avoid City
processes; the landscape plan has been submitted but
not processed because of the revocation recommendation;
the landscape buffer is incorporated in the development
plans; the equestrian trail will be installed and fenced;
requested waiver of the requirement for solid fencing
along the school boundary; requested approval of the
development plans; stated Mrs. Hoffman is willing to
install the required landscaping and replant where washed
away by rains; urged Council to grant relief from the
Planning Commission actions.
(2) Dale Smith, 31515 Paseo Christina, supported installation
of a solid or chain link fence between the school and
the equestrian center to provide a transition between
sensitive areas and for safety purposes.
There being no further response, Mayor Friess closed the
Public Hearing with the right to re -open at any time.
In response to Council, Mr. Parker advised that his client is
willing to post a bond in a reasonable amount to cover
improvements as long as the conditions are conditions that
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can be met. Mayor Friess commented that the problem appears
to be with multiple tenants under a single use permit. The
Director of Community Planning and Development advised that
the City Attorney concurs that a partial revocation can be
made. Councilman Thorpe strongly urged that the permit be
revoked due to lack of compliance.
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe to confirm the Planning Commission action of October 9,
1979, in revoking CUP 79-5, the site to be vacated by
April 1. The motion failed with Councilmen Hausdorfer and
Thorpe voting for and Councilmen Buchheim, Friess and Schwartze
voting against.
Continuation of Hearing:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to continue the Public Hearing
to May 7, 1980; the applicant is to meet with City staff and
post a bond within 10 days in an amount of from $5,000-$10,000
as determined by staff to complete the required conditions;
all conditions to be met prior to the next Hearing date and
the interim period to be considered as part of the conditional
use.
Councilman Thorpe advised that the purpose of the fencing is
to prevent access to the area by school children and that
chain link would be acceptable.
Mr. Parker requested appointment of Council Members to meet with
the applicant and staff. With regard to roof colors, Mayor
Friess supported the existing color as an energy conservation
feature of the mobile home caretaker's unit.
2. APPEAL OF PLANNING COMMISSION DECISION ON GENERAL PLAN
(46) Written Communications:
Report dated February 20, 1980, from the Director of Community
Planning and Development forwarding a letter dated February 5,
1980, from M. Stephen Coontz withdrawing the appeal action on
behalf of Mr. Vangalis.
Public Hearing:
Notice having been given, Mayor Friess opened the Hearing and,
there being no response, declared the Hearing closed and the
matter withdrawn from consideration.
3. RESIDENTIAL ALLOCATION SCHEDULE, 1980-1983
(28) Proposal:
Adoption of a Residential Allocation Schedule for issuance
of building permits, pursuant to Growth Management Ordinance
No. 314, for the years 1980-1983.
Written Communications:
Report dated February 20, 1980, from the Director of Community
Planning and Development.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and, there being no response,
declared the Hearing closed.
Adoption of Schedule:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer to adopt the following Resolution:
RESOLUTION NO. 80-2-20-1, RESIDENTIAL ALLOCATION SCHEDULE -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A RESIDENTIAL ALLOCATION
SCHEDULE FOR THE YEARS 1980, 1981, 1982, AND 1983 IN
ACCORDANCE WITH SECTIONS 5 AND 6 OF ORDINANCE NO. 314
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The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution sets the following allocations:
1980, 258; 1981, 143; 1982, 89; 1983, 0
4. SAN JUAN CAPISTRANO MUNICIPAL CODE -
ADOPTION OF ORDINANCE NO. 398
(55) Proposal:
Adop iontcont of Ordinance No. 398 to establish the San Juan
Capistrano Municipal Code. The Ordinance was introduced
at the meeting of February 6, 1980.
Written Communications:
Report dated February 20, 1980, from the City Clerk.
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.
Adoption of Ordinance No. 398:
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,
seconded by Councilman Hausdorfer that the following Ordinance
be adopted:
ORDINANCE NO. 398, ADOPTING THE SAN JUAN CAPISTRANO
MUNICIPAL CODE AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE SAN JUAN CAPISTRANO
MUNICIPAL CODE, TOGETHER WITH THE FOLLOWING SECONDARY
CODES THEREIN ADOPTED BY REFERENCE, TO WIT: THAT CERTAIN
CODE ENTITLED "UNIFORM FIRE CODE," 1976 EDITION,
INCLUDING ITS APPENDICES, PUBLISHED BY THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS AND THE WESTERN FIRE
CHIEFS ASSOCIATION, SAVE AND EXCEPT SUCH PORTIONS
THEREOF AS ARE DELETED, MODIFIED, OR AMENDED BY THE
PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE;
THOSE CERTAIN CODES ENTITLED "UNIFORM BUILDING CODE,"
1976 EDITION, INCLUDING THE APPENDIX THERETO, "UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS," 1976
EDITION, "UNIFORM HOUSING CODE," 1976 EDITION, "UNIFORM
MECHANICAL CODE," 1976 EDITION, INCLUDING ITS APPENDICES
AND THE UNIFORM BUILDING CODE STANDARDS SET FORTH
THEREIN, AND THE "UNIFORM SWIMMING POOL CODE," 1976
EDITION, ALL PUBLISHED BY THE INTERNATIONAL CONFERENCE
OF BUILDING OFFICIALS, SAVE AND EXCEPT SUCH PORTIONS
THEREOF AS ARE DELETED, MODIFIED, OR AMENDED BY THE
PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE;
THAT CERTAIN CODE ENTITLED "NATIONAL ELECTRICAL CODE,"
1978 EDITION, INCLUDING THE APPENDIX THERETO, PUBLISHED
BY THE NATIONAL FIRE PROTECTION ASSOCIATION, SAVE AND
EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED,
OR AMENDED BY THE PROVISIONS OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE; AND THAT CERTAIN CODE ENTITLED "UNIFORM
PLUMBING CODE," 1976 EDITION, INCLUDING APPENDICES A,
B, C, D, H, AND I, PUBLISHED BY THE INTERNATIONAL
ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, SAVE
AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED,
OR AMENDED BY THE PROVISIONS OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE; PRESCRIBING CERTAIN PENALTIES FOR THE
VIOLATION OF THE PROVISIONS THEREOF; AND REPEALING
CERTAIN ORDINANCES AS SPECIFIED THEREIN
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The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ORDINANCES
1. ADJUSTMENT OF COUNCILMANIC SALARIES
(INTRODUCTION)
(32) Written Communications: -
(55) Report dated February 20, 1980, from Loretta Zimmerman,
Assistant to the City Manager, forwarding a proposed ordinance
increasing Council salaries pursuant to Government Code
Section 36516.2. Current compensation is $150 per month; the
Ordinance would allow increases equal to 5% per year for each
year since the previous increase in September, 1972, or a total
to date of $210 per month.
Introduction of Ordinance No. 399:
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, seconded by
Councilman Hausdorfer that the following ordinance be introduced:
ORDINANCE NO. 399, ADJUSTMENT OF COUNCILMANIC SALARIES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING FOR AN ADJUSTMENT OF SALARIES
TO MEMBERS OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO AND REPEALING ORDINANCE NO. 208
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: Councilman Buchheim
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. CAMINO CAPISTRANO IMPROVEMENT DISTRICT ARTERIAL HIGHWAY
FINANCING PROGRAMS 940 AND 984 - APPROVAL OF CHANGE
(38) Written Communications:
(44) Report dated February 20, 1980, from the Director of Public
(74) Works requesting approval of a Change Order for storm drain _
modification, due to conflicts with underground utilities.
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve Change Order
No. 3 in the amount of $19,668 for AHFP Nos. 940 and 984.
2. DOWNTOWN STUDY AREA ENVIRONMENTAL IMPACT REPORT
AWARD OF CONTRACT (CHAMBERS CONSULTANTS)
(68) Written Communications:
Report dated February 20, 1980, from the Director of Community
Planning and Development forwarding the results of proposals
received for preparation of the Downtown Study Area Environ-
mental Impact Report. The Report is to evaluate the impacts
that can be expected if the Downtown Master Plan is adopted
and will also meet State grant requirements for implementation
of the multimodal terminal.
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Mayor Friess commended Raymundo Becerra on the contents of
the Scope of Work. Councilman Buchheim requested that sonic
impacts on the Mission from changes in traffic circulation be
addressed; the Director of Community Planning and Development
is to contact the consultant.
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer to award the contract to the low qualifying bidder,
Chambers Consultants of Stanton, in the amount of $6,150 and
to reject all other bids received; and the Mayor and City Clerk
are authorized to sign the contract on behalf of the City. The
motion carried by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CONSENT CALENDAR
Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
None
Councilman Schwartze
None
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 February 20, 1980, Warrants Nos. 18698
through 18819, inclusive, in the total amount of $256,637.35, was
approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF JANUARY 31, 1980
(41) The City Treasurer's Report of Investments as of January 31,
1980, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF JANUARY 31, 1980
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of January 31, 1980, was approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF DECEMBER 31, 1979
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the 6 -month period ending December 31, 1979, was approved
as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
FEBRUARY 5. 1980
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of February 5, 1980, was ordered received and
filed.
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6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
FEBRUARY 11, 1980
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of February 11, 1980, was ordered received and
filed.
7. ACCEPTANCE OF ALLEY DEDICATION, NORTH OF LA ZANJA
AT LOS RIOS STREET, LOT 5, TRACT 7194
(73) The Deed granting the City a perpetual easement and right -
(85) of -way for street and highway purposes over the easterly
20 feet of Lot 5, Tract 7194 was accepted from the Capistrano
Villas Homeowners Association No. 3. The deed was offered
and accepted to allow the City to enforce parking regulations _
within the alley.
8. AGREEMENT FOR UNDERGROUND WATER UTILITIES
(38) The agreement with Orange County Waterworks District No. 4
(74) providing for the City to acquire right-of-way, to construct
(94) water facilities financed by Assessment District 78-3, and
then to dedicate those facilities to the Water District was
approved. The Mayor and City Clerk were authorized to sign
the agreement on behalf of the City.
9. AGREEMENT FOR CONSTRUCTION OF HORNO CREEK CHANNEL FACILITY
NO. LOS, ASSESSMENT DISTRICT 78-3 (ORANGE COUNTY FLOOD
CONTROL DISTRICT)
(38) The agreement with Orange County providing for the construction
(56) of the Horno Creek improvements by Assessment District 78-3
(74) and then dedication of the improved area to the County for
maintenance purposes was approved. The Mayor and City Clerk
were authorized to sign the agreement on behalf of the City.
AGREEMENT FOR UNDERGROUND ELECTRIC UTILITIES, ASSESSMENT
DISTRICT 78-3, ORTEGA PROPERTIES (SAN DIEGO GAS AND ELECTRIC)
(38) It was moved by Councilman Thorpe, seconded by Councilman
(74) Hausdorfer and unanimously carried to approve the agreement
(90) with San Diego Gas and Electric whereby the City will acquire
the right-of-way, construct the underground electrical distribu-
tion facilities financed by Assessment District 78-3, and then
dedicate those facilities to San Diego Gas and Electric. The
Mayor and City Clerk were authorized to sign the agreement on
behalf of the City.
AGREEMENT FOR UNDERGROUND COMMUNICATION UTILITIES, ASSESSMENT
DISTRICT 78-3, ORTEGA PROPERTIES (PACIFIC TELEPHONE COMPANY)
(38) It was moved by Councilman Thorpe, seconded by Councilman
(74) Hausdorfer and unanimously carried to approve the agreement
(90) with Pacific Telephone whereby the City will acquire the
right-of-way, construct the underground communication facilities
financed by Assessment District 78-3, and then dedicate those
facilities to Pacific Telephone. The Mayor and City Clerk were
authorized to sign the agreement on behalf of the City.
SAN JUAN CREEK ROAD IMPROVEMENTS -
APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS
(83) Written Communications:
Report dated February 20, 1980, from the Director of Public
Works regarding the proposed application of slurry seal to
San Juan Creek Road from Valle Road to its easterly terminus,
and subsequent traffic striping.
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226
Following clarification that the restriping includes the
bicycle lanes as approved by Council, it was moved by
Councilman Buchheim, seconded by Councilman Thorpe and
unanimously carried to approve the plans and specifications
and to authorize the call for bids.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REQUEST FOR FINANCIAL ASSISTANCE FOR LAND USE LITIGATION
(AGINS VS. CITY OF TIBURON)
(76) Written Communications
Report dated February 20, 1980, from the City Manager forwarding
a letter dated February 8, 1980, from the Mayor of the City of
Tiburon, California, requesting financial assistance in the case
of Agins vs. City of Tiburon. The litigation concerns land
use regulations and is to be heard by the United States
Supreme Court.
Authorization for Expenditure of Funds:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to authorize a contribution
not to exceed $1,000 based upon actual costs incurred, and to
authorize the City Manager to so inform the City of Tiburon.
2. REQUEST FOR CITY MAINTENANCE OF MINI -PARK
(SAN JUAN BEAUTIFUL, INC.)
(61) Written Communications:
(62) Report dated February 10, 1980, from the City Manager forwarding
a letter dated February 5th from Carolyn Nash, President of
San Juan Beautiful, Inc., requesting that the City assume
maintenance of the "Mini -Park" located at the corner of Camino
Capistrano and Yorba Street. The organization has provided
park maintenance since 1969 at a cost of approximately
$650 per year.
Council expressed their appreciation to San Juan Beautiful
for their community efforts; Councilman Hausdorfer suggested
that the park use should be continued and possibly improved.
Assumption of Park Maintenance:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried that the City shall assume
the maintenance of the "Mini -Park" using Public Works crews for
this purpose.
RECESS AND RECONVENE
Council recessed at 8:55 P.M., and reconvened at 9:16 P.M.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. MEREDITH CANYON TRACTS 8087 AND 8319 -
IMPROVEMENT BONDS
(85) Written Communications:
(1) Landscape Status Report dated February 20, 1980, from
the Director of Community Planning and Development.
With Council concurrence, Mayor Friess ordered the
report received and filed.
(2) Report dated February 20, 1980, from the Director of
Public Works setting forth the status of slope repair
in the Meredith Canyon development, as directed by
Council on December 5, 1979.
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227
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried that the improvement and
grading bonds not be called at this time, but extended for
an additional 60 days to April 21, 1980.
2. APPROVAL OF SECTOR "C" PLANS FOR COOK PARK
(62) Written Communications:
Report dated February 20, 1980, from the Director of Community
Planning and Development regarding the park development plans
submitted by Ortega Properties for the area known as Planning
Sector "C." The area is bounded by the I-5 freeway, Calle
Arroyo, La Novia Avenue, and the San Juan Creek. The project
plans incorporate three activity areas which include exercise -
areas, open fields, bike and equestrian trails, an equestrian
center, multi-purpose athletic field and hard surface court
and formal picnic area. Recommended approval of the development
plans is based upon the following findings:
(1) The plans are in substantial compliance with the
previously approved area plans.
(2) The plans are consistent with the intent and purpose
of the 2.0 General Open Space and 2.3 Proposed Community
Park designations.
(3) The plans will be consistent with the revised C.
Russell Cook Park Master Plan.
(4) The Equestrian and Parks and Recreation Commissions
have previously reviewed the development plans and
have recommended approval.
Applicant:
Ortega Properties, 2915 Redhill, F-200, Costa Mesa 92627.
Approval of Development Plans:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve the development
plans for Planning Section "C" of C. Russell Cook Park, subject
to the following conditions:
(1) Final working drawings shall be reviewed and approved
by the Director of Community Planning and Development.
(2) Construction of such facilities shall be completed prior
to release of use and occupancy permits for those
development parcels located immediately adjacent to
the park site (i.e., the cottage -offices and easterly
park area).
3. REQUEST FOR APPROVAL OF BEER AND WINE SALES
(VERMEULEN RANCH MARKET)
(26) Written Communications:
(68) (1) Report dated February 20, 1980, from the Director
of Community Planning and Development regarding the
proposed off-site sale of beer and wine at Vermeulen's
Ranch Market located on Del Obispo Street and within
the AG General Agricultural District.
(2) Memorandum dated January 29, 1980, from the City Attorney
advising that the City Council may find that the Ranch
Market is in fact a retail grocery although a
non -conforming use and, therefore, permit off-site
beer and wine sales.
(3) Letter dated February 18, 1980, from Teresa Heckscher,
President, Town Hall Association of San Juan Capistrano,
Inc., opposing the request and stating that such sales
would constitute an expansion of use requiring a General
Plan Amendment and zone change.
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Applicant:
Charles Vermeulen, 11591 Cielo Place, Santa Ana
22�
92705.
Discussion:
Councilman Hausdorfer noted that the request would not involve
an expansion of the store area and that the Agricultural
Preservation Committee concurs in approval of the request.
In response to Mayor Friess, the City Attorney advised that
the City is merely permitting the use; the sales would be
licensed by the State Alcoholic Beverage Control Board following
posting of the property and a hearing on the request. Councilman
Thope commented that agricultural preservation would probably
not be enhanced by such sales and stated opposition to leaving
the decision to the ABC.
Approval of Request:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze to determine that the proposed off-site sale of beer
and wine is not an expansion of the existing non -conformity in
use provided there is no physical enlargement of floor area and
to approve the request subject to the approval of the Alcoholic
Beverage Control Board. The motion carried by the following
vote:
AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess
NOES: Councilmen Thorpe and Buchheim
ABSENT: None
DIRECTOR OF PUBLIC WORKS
1. CONCEPTUAL REVIEW OF GRADING PLANS,
TRACT 9784 (MISBIN)
' (25) Written Communications:
(85) Report dated February 20, 1980, from the Director of Public
Works providing background information on the grading plans
for Tract 9784 in the Alto Capistrano area of the City
currently in the final plan check process, as requested
by Council on January 23, 1980.
Bill and Carol Deacon, 33681 Calle Miramar, addressed the
Council to state concerns with possible street and sidewalk
realignments at the property and possible slope slippage;
Association approval would be required. The Director of
Public Works advised that any surplus land would either
be offered as public right-of-way or offered to the Deacons
as additional slope lot area.
Council concurred with the request of Councilman Thorpe that
staff report on all aspects of the public facilities to be
provided by the development such as the park and retention
basin, the need for such facilities and possible budget
impacts. Council requested receipt of the information
prior to June 20th, the deadline for either action on the
final tract map or granting of an additional extension.
It was moved by Councilman Buchheim, seconded by Councilman
. Hausdorfer and unanimously carried to receive and file the
report from the Director of Public Works.
2. STORM DAMAGE REPORT
(80) Written Communications:
Report dated February 20, 1980, from the Director of Public
Works citing reported damage to public and private property as
of February 13th from heavy rain storms. The Director of
Public Works advised that local damage is probably in excess
of $200,000.
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There was a concurrence of Council that the report be received
and filed.
(36) Council commended the Public Works Director, Public Works crews
and Water District staff for their efforts in alleviating
problems, noting that the City has only 13 Public Works members
in the field on a 24-hour basis.
Oso Creek Damage:
Mayor Friess requested that a meeting be scheduled to review _
the damage, and the City Manager advised that a field trip is
being scheduled with members of the County soils conservation
unit, San Juan Basin Authority, Corps of Engineers, Board of
Supervisors, Council, staff, and William Bathgate, owner of the
property along Oso Creek. -
3. RETENTION OF CONSULTANT GEOTECHNICAL SERVICES
REVIEW OF GLENDALE FEDERAL DATA
(38) Written Communications:
(37) Report dated February 20, 1980, from the Director of Public
(46) Works advising that the consultant for Glendale Federal
properties has recently submitted complex geotechnical data
for City review which may cause significant effects on the
land use planning of the area. Retention of professional
services for data review is proposed at an estimated cost of
$9,000-$12,000 payable from the Professional Services Account
of the Building and Grading Division budget.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the proposal dated
February 6, 1980, from D. A. Evans, Inc., 23011 Moulton Parkway,
Laguna Hills, and to authorize the City Manager to execute an
agreement on behalf of the City. —
4. APPROVAL OF INSTALLED TILE ROOFING
RECONSTRUCTION OF WALNUT GROVE RESTAURANT
(25) Written Communications:
(1) Report dated February 20, 1980, from the Director of
Public Works providing background information on the
reconstruction of the Walnut Grove Restaurant, 26871
Ortega Highway, which suffered a major structural fire
on July 20, 1979, that burned away most of the roof.
Due to apparent misunderstandings, a roof tile was
installed without approval of the type or color of tile
by the Planning Department, which requesting posting
of a Notice to Correct Work on February 7th.
(2) Letter dated February 8, 1980, from Fred L. Newhart,
Jr., owner of the property, requesting that the Notice
to Correct Work be lifted and the tile approved as
installed.
Fred Newhart, Sr., 31478 Oro Place, addressed the Council
in support of the request.
Approval of Roofinn
g Material:
It was moved by Coucilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the roof tile
as installed on the Walnut Grove Restaurant and to direct
that the Notice to Correct Work be lifted.
5. REPLACEMENT OF DAMAGED VEHICLES -
APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS
(75) Written Communications:
(79) Report dated February 20, 1980, from the Director of Public
Works advising that two City -owned vehicles were damaged
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beyond repair during the January 29, 1980, flooding of the
SERRA Treatment Plant.
Approval of Specifications:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to approve the specifications
for purchase of one 1 -ton dump truck and one 1/2 -ton pickup
truck, to authorize the Director of Administrative Services
to call for bids, and to authorize the transfer of $19,000
from the Treatment Plant contingency fund; the damaged vehicles
are to either be sold or declared as salvage.
6. PURCHASE OF REPLACEMENT VEHICLES -
FOR BIDS
(74) Written Communications:
(75) Report dated February 20, 1980, from the Director of Public
Works forwarding specifications for purchase of two replacement
vehicles, one 1 -ton dump truck and one 1/2 -ton pickup truck,
for the Public Works Department; funds are available in the
1979-80 budget.
Approval of Specifications:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the specifications
and to authorize the Director of Administrative Services to
call for bids; the excess vehicles are to either be sold or
declared as salvage.
7. PARRA ADOBE RENOVATION -
ORDER NO. 2
(23) Written Communications:
(38) Report dated February 20, 1980, from the Director of Public
Works advising that renovation of the Parra Adobe has revealed
that new flooring must be installed and rotten ceiling
joists replaced at an additional cost of $3,000.
Approval of Change Order No. 2:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve Change Order
No. 2 for additional materials and work in the amount of
$3,000 for the Parra Adobe Restoration project.
8. APPROVAL OF APPLICATION FOR GRANT FUNDS FOR VAREDA BIKEWAY
(41) Written Communications:
(62) Report dated February 20, 1980, from the Director of Public
Works advising that due to time constraints application had
been made for Federal Surface Transportation Assistance Act
Funds in the amount of $30,000 for construction of 600 lineal
feet of in -channel shelf trail and ramps along San Juan Creek
and Interstate 5, which will link Camino Capistrano with the
proposed Vareda Bikeway along San Juan Creek. The application
deadline was February 15th.
Retroactive Approval of Application:
It was moved by Councilman Shwartze, seconded by Councilman
Buchheim and unanimously carried to approve the application
for Surface Transportation Act funds for the Vareda Bikeway
retroactively to February 15, 1980.
9. VACATION OF PUBLIC RIGHT-OF-WAY (VERMEULEN)
(91) The Director of Public Works advised that this item would be
submitted at a later date, pending staff review.
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�31
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS OF FEBRUARY 11, 1980
Written Communications:
Report dated February 20, 1980, from the Director of Community
Planning and Development summarizing the actions taken by the
Planning Commission at the meeting of February 11th. Councilman
Buchheim questioned the proposed Commission policy statement
regarding a cobblestone appearance for open downdrains on
manufactured slopes; Councilman Schwartze advised that the
Commission had toured the Anaheim Hills development where
this type of drain is installed. _
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to order the report received
and filed.
COUNCIL ACTIONS
1. APPOINTMENT TO THE TRAFFIC AND TRANSPORTATION COMMISSION
(23) Written Communications:
Report dated February 20, 1980, from the City Manager forwarding
applications on file for appointment to the Commission.
There was a concurrence of Council that action be deferred to
a later date and that the City Clerk re -advertise the Commission
vacancy.
2. APPOINTMENT TO THE DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE
(23) No applications having been received, there was a concurrence
of Council that the roles of the Downtown Committee and the
Economic Development Committee be scheduled for discussion on
March 19, 1980.
CITY COUNCIL POLICY MANUAL -
APPROVAL OF GENERAL ADMINISTRATIVE POLICIES
(32) Written Communications:
(69) Report dated February 20, 1980, from the City Manager forwarding
proposed policy statements formulated by staff, Commissions
and Boards for the purpose of efficiently and effectively
carrying out City Council policies and mandates. Such policies
may be adopted, amended or deleted only by majority vote on a
policy scheduled on the City Council Agenda.
General Administrative Policies:
(1) City Offices - Hours of Operation:
Councilman Thorpe requested further evaluation of the
hours City offices are open to the public and suggested
that the offices be open one extra hour per week for the
benefit of working people. Council concurred that the
matter be reconsidered at a later date.
(2) Agenda Approval:
Council concurred with Councilman Thorpe that the following
sentence be added:
"Any Council person may request that an item be
placed on the Agenda when the Agenda scheduling
deadlines are met."
(3) Anonymous Letters:
Council concurred with Councilman Thorpe that the following
phrase be added:
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"however, any communication addressed to an individual
Council Member shall be duplicated for their
information"
and that the following sentence be added:
"Anonymous communications shall not be considered
as evidence in any matter."
(4) Out -of -State Travel on City Business:
Council concurred with Councilman Thorpe that the following
sentence be added:
"The City Manager shall give prior notice to the
City Council whenever leaving the State."
(5) Council and Staff Travel Expenses:
Following discussion of a possible per diem allowance,
Council concurred with Councilman Schwartze that the new
travel expense form be utilized prior to further considera-
tion.
Approval of General Administrative Policies:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the General
Administrative Policies as submitted and including the amendments
cited above, with the proposed policy on office hours to be
considered at a later date.
REMARKS
1. FLOOD DAMAGE FROM BEAR BRAND RANCH DEVELOPMENT
(80) Council concurred with Councilman Buchheim's request that
the Director of Public Works meet with Robert Hill, the
developer of the Bear Brand Ranch development, to discuss
flood damage caused to existing residences in the City, with
consideration given to posting a stop work order until
hydrology is investigated.
2. SCHEDULING OF HILLSIDE GRADING OPERATIONS
(25) Councilman Buchheim suggested that the City consider scheduling
the time of year during which hillside grading is to be allowed
due to recent mudslide damage.
3. LOS CORRALES DRAINAGE SYSTEM
(80) Council concurred with Councilman Thorpe's request that
evaluation of the Los Corrales drainage system be scheduled
for the March 5th Agenda.
4. SCHOOL DISTRICT POOL FACILITIES
(78) Councilman Thorpe advised that area residents paid into
Capistrano Unified School District Service Area #19 for
swimming pools at San Clemente and Dana Hills High Schools;
since a pool has not been constructed at Capistrano Valley
High School, the existing pool facilities should be shared at
no cost to residents.
5. LANDOLF DEVELOPMENT AT VIA CALIFORNIA/CAMINO LAS RAMBLAS
(58) Councilman Hausdorfer requested that the Director of Community
Planning and Development respond to the letter dated February
15, 1980, from Supervisor Riley regarding the property being
developed at the intersection of Via California and Camino
Las Ramblas.
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6. LEAGUE OF CALIFORNIA CITIES ACTIVITIES
(61) Councilman Schwartze advised that most Orange County cities
had recently voted for continuance of item pricing in super-
markets and that the Coastal Commission role in local
government is to be discussed.
7. PUBLIC FACILITIES COMMITTEE
(23) Councilman Thorpe requested that use of the Rotary Club Scout
Hut located at E1 Horno and La Matanza Streets be scheduled
for the City Council Agenda of March 19, 1980.
EXECUTIVE SESSION
Council recessed to Executive Session at 11:00 p.m., the City Clerk
being excused therefrom, and reconvened at 11:50 p.m., with Council
Members Hausdorfer, Thorpe, Buchheim and Mayor Friess present.
Councilman Schwartze left the meeting at 11:45 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:55 p.m., to the next regular meeting date of
Wednesday, March 5, 1980, at 7:00 P.M., in the City Council
Chamber.
ATTEST:
KENNETH E. FR ESS, MAYOR
Respectfully submitted,
'MARY ANN ANN NOVER, CITY CLERK
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