80-0319_CC_Minutes_Regular Meeting254
MARCH 19, 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
7:07 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Martin,
Old Mission Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
(arrived at 7:23 p.m.)
Lawrence F. Buchheim, Councilman
James F. Thorpe, Councilman
ABSENT: Phillip R. Schwartze, Councilman
STAFF PRESENT: James S. Mocalis, City Manager; Bob Boone,
Accounting Officer; 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;
Cheryl Johnson, Deputy City Clerk.
MINUTES
Regular Meeting of March 5, 1980:
It was moved by Councilman Buchheim, seconded by Councilman Thorpe
that the Minutes of the Regular Meeting of March 5, 1980, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Thorpe, Buchheim and Mayor Friess
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Thorpe
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Thorpe, Buchheim and Mayor Friess
NOES: None
ABSENT: Councilmen Hausdorfer and Schwartze
PRESENTATIONS
' PREE
DAY
(71)
(34)
(29)
Proc
IONS TO LEON RENE, GRAND MARSHAL OF THE 1980 SWALLOWS
an
Rene An
ano:
Citizen of
Mayor Friess read in full the Proclamation made at the Council
meeting of March 5th, declaring Leon Rene an Honorary Citizen
of the City of San Juan Capistrano.
Official City Song:
Mayor Friess read in full Resolution No. 80-3-5-7, adopting
"When the Swallows Come Back to Capistrano" as the official
City song. The song was composed by Leon Rene in 1939 and
is sung by Mr. Rene every year at the Mission Pageant.
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M
255
Mayor Friess presented the Proclamation and Resolution to
Mr. Rene and thanked him and his wife for attending the
meeting.
Honorary Member - Chamber of Commerce:
Fred Jenner, President of the San Juan Capistrano Chamber of
Commerce presented Mr. Rene with a plaque naming him an
Honorary Member of the Chamber.
Fiesta Association Presentation:
Tony McDowell, President of the San Juan Fiesta Association,
presented Mr. Rene with an official 1980 Swallows Day belt
buckle.
Mr. Rene expressed his appreciation for the honors received.
1. REPORT ON SHERIFF SERVICES - LT. DENNIS LA DUCER
(70) Lt. Dennis LaDucer, Commander of the Sheriff's Substation in
South Orange County, made an oral presentation regarding the
services provided to the City by contractual arrangement with
the County and the Sheriff's Department. Lt. LaDucer advised
that there are 9 full-time deputies assigned to the City; 7
patrol deputies and 2 investigators. In addition, a detective
lieutenant, sergeant and traffic sergeant are assigned to the
City on a less -than -full-time basis.
Councilman Hausdorfer joined the meeting at 7:23 p.m.
Lt. LaDucer reviewed the personnel services, introducing sheriff
personnel present at the meeting; and addressed crime trends,
special problems and future directions. Sgt. Dan Spratt
advised the Council regarding the detective services rendered
to the City.
The City Manager advised that the Sheriff's Department is
willing to support a Reserve Program if it is implemented by
the City. In response to Councilman Buchheim, Lt. LaDucer
advised of crime prevention seminars being planned for the
City.
Mayor Friess thanked Lt. LaDucer for his presentation.
ORAL COMMUNICATIONS
1. ITEM PRICING IN SUPERMARKETS/JUNE 3 REFERENDUM
(76) Marilyn Williams, 29931 Camino Capistrano, requested consideration
(56) of Alternate 1 in the staff report addressing item pricing in
(40) supermarkets. Alternate 1 suggests preparation of an ordinance
requiring item pricing. Mrs. Williams further questioned if
if current programs in progress will be affected if the City
participates in the referendum for receipt of housing assistance
funds and the referendum is defeated in the City.
WRITTEN COMMUNICATIONS
1. REQUEST FOR APPROVAL OF BANK STABILIZATION
(SYCAMORE TRAILS STABLES)
(23) The Council received copies of a letter dated March 5, 1980,
(80) from Ron Hanson, owner of the Sycamore Trails Stables, requesting
City help in obtaining the necessary authorizations to continue
rip -rap protection, bank stabilization, and a cleaning and
clearing of the channel at the rear of his property along
Trabuco Creek. Mr. Hanson addressed the Council to clarify
the extent of improvement he would like to make to the channel.
The Council discussed possible liability problems incurred
should partial improvements create problems in other areas;
current policy regarding hard channelization of the creekbed;
lack of support from Federal, State and County agencies; and
development in a floodplain area.
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With the concurrence of Council, Mayor Friess directed that the
Director of Public Works discuss the matter with Mr. Hanson and
report at the April 2nd meeting on liability data, the cost
of preparing a hydrology study for projections in that area and
alternatives, and means of facilitating Mr. Hanson's request.
Mayor Friess suggested a policy decision regarding hard
channelization could be considered during discussion of the
report.
2. REQUEST FOR DELETION OF CONDITIONS, RESOLUTION NO. 80 -2 -6 -
TENTATIVE TRACT 10564 (CAPISTRANO INDUSTRIAL PARK)
(85) The Council received copies of a letter dated March 5, 1980,
from Julian Willcox, requesting deletion of the following
items from City Council Resolution No. 80-2-6-3:
(1) Condition No. 2;
(2) The requirement in Condition No. 9 for Planning
Commission approval of the amended site plan prior
to approval of the final map.
The matter was referred to the Director of Community Planning
and Development for a report at the next Council meeting on
either alteration of the conditions or agreement from the
property owner that he can work within the conditions.
PUBLIC HEARINGS
1. PROPOSED ASSESSMENT DISTRICT 78-3, EMINENT DOMAIN PROCEEDINGS
AND PROTEST HEARING (ORTEGA PROPERTIES)
(74) This hearing was continued from the City Council meeting
(38) of March 5, 1980.
Written Communications:
(1) Report dated March 19, 1980, from the Director of Public
Works.
(2) Letter dated March 15, 1980, from Norio Iwata, et al.,
P. O. Box 353, San Juan Capistrano, protesting
inclusion of their property in the District.
Mr. Murphy advised that approval of an agreement dated
March 19, 1980, between the City and the Protestant Episcopal
Church would be needed prior to official action on the
Assessment District. The Agreement allows the City to proceed
with the confirmation of the assessments for the District
with the property owners acknowledgment of the assessment and
waiver of any right to protest or object to the assessment
amounts and to further notice regarding the amendments and
modifications to the assessment.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to approve the Agreement and
Waiver with the Protestant Episcopal Church in the Diocese
of Los Angeles and to authorize the Mayor and City Clerk to
execute the document on behalf of the City.
Public Hearing:
Notice having been given as required by law,Mayor Friess
announced that this is the time and place for public hearings
on Assessment District No. 78-3 (Ortega Properties); that
there are two (2) separate Public Hearings to be conducted
by the City Council relating to the following:
(1) Hearing on "Report" pursuant to the provisions of the
"Municipal Improvement Act of 1913;" and,
(2) Hearing on Necessity to Order Condemnation Proceedings.
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For convenience, these Public Hearings will be combined into
a single Hearing; however, individual actions will be taken
where appropriate.
The City Clerk announced that Notice of the Hearings had been
given in the manner and form required by law, and that the
following affidavits are on file in her office:
(1) Certificate of Posting Streets;
(2) Certificate of Mailing Notice and Filing Boundary Map;
(3) Affidavit of Publication of Notice of Improvement;
(4) Affidavit of Publication of Notice Inviting Sealed Bids;
(5) Affidavit of Posting Notice Inviting Sealed Bids;
(6) Certificate of Mailing Notice of Hearing on Necessity
to Order Condemnation Proceedings.
Mr. Murphy introduced Mr. Walt Hamilton, Assessment Engineer,
who explained the purpose, scope and order of procedure for
the public hearings, the general nature, location, and extent
of the proposed works of improvements, and the boundaries of
the Assessment District. Mr. Hamilton advised that on
January 23rd the Engineer's Report pursuant to the provisions
of the "Municipal Improvement Act of 1913: had been presented,
which consists of the following:
(1) Plans;
(2) Specifications;
(3) Assessment Roll;
(4) Assessment Diagram;
(5) Description of the Works of Improvement.
Mr. Hamilton presented and summarized the extent of the easements
and rights-of-way still to be obtained; advised that on
February 26th, 11 construction bids had been received and
recommended award of the bid to Clarke Construction of Compton
at $3,644,786.30, which is 9% below the Engineer's Estimate
and will mean an 11% reduction in all assessments. Mr. Hamilton
then explained the formula and method of spread of assessment
based on the acreage and front footage of the parcels.
The City Clerk announced that one written protest had been
received on March 17th from Norio Iwata, et al., owners of
Parcel No. 6, the amount of the assessment being $68,904.08,
and that copies had been delivered to each member of the City
Council.
Mayor Friess then asked to hear from those persons who had
filed a written protest against the proceedings and there was
no response. He next asked to hear from anyone else wishing to
speak against the improvement, the assessment district or the
method of spread and the following person responded:
(1) Jemes Cude, representing Glendale Federal, stated
that as long as the assessed value doesn't affect
the overall valuation of the property, they have
no objection to the Assessment Distirct. Mr. Cude
requested an opportunity to review the assessment
valuation with the appraiser.
There being no one else wishing to speak against the district,
the improvement or method of spread, Mayor Friess asked to
hear from anyone in favor of the proceedings, and there was
no response.
Mr. Hamilton then advised that the protest received represents
1.85% of the total area. There being no further discussion,
Mayor Friess declared the Hearing closed.
3/19/80
258
Resolution Ordering Changes and Modifications:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 80-3-19-1, ORDERING CHANGES - ASSESSM
DISTRICT NO. 78-3 - RESOLUTION OF THE CITY COUNCIL O
CITY OF SAN JUAN CAPISTRANO ORDERING CERTAIN CHANGES
AND MODIFICATIONS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
The Resolution orders the assessment be modified, amended and
reduced as set forth on Exhibit "A" of the Resolution.
Resolution Overruling and Denying Protests:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 80-3-19-2, OVERRULING AND DENYING PROTESTS -
ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO OVERRULING
AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
Resolution Approving Contribution:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 80-3-19-3, APPROVING
ASSESSMENT DISTRICT NO. 78-3 - RESO
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING
AND PROVIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND
EXPENSES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
The Resolution approves the City's contribution in the final
confirmed amount of $366,405.56.
Resolution Approving Contracts for Underground Installation:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 80-3-19-4, APPROVING INSTALLATION -
ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING
CONTRACTS FOR UNDERGROUND INSTALLATION
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259
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
Resolution Confirming Assessment:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 80-3-19-5, CONFIRMING ASSESSMENT -
ASSESSMENT DISTRICT NO. 78-3 - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING
ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER
WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
Award of Construction Contract - Preparation of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to direct that a Resolution
awarding the construction contract to Clarke Construction,
be prepared for adoption at the meeting of April 2nd.
Resolution Determining Necessity to Order Eminent Domain
Proceedings:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 80-3-19-6, CONDEMNATION OF REAL PROPERTY -
r11110o 11 11 n7omDTnm 90-1 /nDTFrn DDnDVDTTFCI - D7C(1T.TT91T(1TT
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO
AND DECLARING A NECESSITY THEREFOR (ASSESSMENT DISTRICT
78-3, ORTEGA PROPERTIES)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
2. REVIEW OF PLANNING COMMISSION DENIAL - CONDITIONAL USE PERMIT
79-12, AND ZONE VARIANCE 79-23, AND MODIFICATIONS TO STORAGE
YARD (DUNIVIN)
(39) Proposal:
(68) T --review of the October 23, 1979, Planning Commission denial
of Conditional Use Permit 79-12. On February 6, 1980, the
City Council authorized temporary use on the property until
the matter is resolved.
Appellant:
Forrest Dunivin, 26988 Ortega Highway, San Juan Capistrano.
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260
Written Communications:
(1) Report dated March 19, 1980, from the City Manager,
advising that in order to resolve the matter there
must be either a rehearing at the Planning Commission
level or Mr. Dunivin must comply with the approved plan.
(2) Letter received March 17, 1980, from Robert Jones,
31752 Los Rios Street, in support of a temporary office,
caretaker's trailer and radio tower as required by
Mr. Dunivin.
The City Manager advised that an agreement had been reached
between Mr. Dunivin and Mr. Rios regarding placement of the
trailer; however, the recommended actions are necessary for
Land Use Code compliance.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened
the public hearing; and, there being no one wishing to speak,
declared the Hearing closed.
Referral to Planning Commission:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to refer the matter to the
Planning Commission for a rehearing.
Councilman Buchheim suggested review of Land Use Code Section
2.3.16.B. and C. for possible procedural changes in the
appeal process.
3. APPEAL OF PLANNING COMMISSION DECISION - ZONE VARIANCE 80-2,
LOT 3, TRACT 10090, VIA ARBOLEDA (MINCH)
(85) Proposal:
(92) Appeal of a decision made by the Planning Commission on
(68) February 11, denying a request to allow a temporary caretaker's
residence during construction of a permanent residence on an
EL lot on Via Arboleda.
Appellant:
John A. Minch, 25721 Avenida Pedregal, San Juan Capistrano.
Written Communications:
Report dated March 19, 1980, from the Director of Community
Planning and Development, recommending approval of Zone
Variance 80-2, subject to conditions.
Mr. Merrell advised that approval of the variance would comply
with the direction of the Council on March 5th to prepare a
Code amendment addressing the issue of allowing resident -
builders temporary trailer use on the construction site.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons responded:
(1) John Minch, appellant, advised he was aware of and
agreed with all conditions of approval; however, his
trailer is 75 square feet over the stated limit of
600 square feet and asked consideration of that
condition.
There being no one else wishing to speak, Mayor Friess closed
the Hearing.
Approval of Zone Variance:
Mr. Merrell advised that the 600 -square -foot number was used to
preclude placement of a double -wide trailer on the lot and that
the Resolution could be amended to reflect an approximate
square footage.
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261
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the following Resolution be adopted with an
amendment to Condition No. 2 to reflect approximately 600
square feet maximum caretaker's residence size:
RESOLUTION NO. 80-3-19-7, ZONE VARIANCE 80-2 (MINCH) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING ZONE
VARIANCE 80-2, A REQUEST TO ALLOW A TEMPORARY CARETAKER'S
RESIDENCE OUTSIDE THE FP -1 AND FP -2 FLOODWAY OVERLAY
DISTRICT ON LOT 3, TRACT 10090
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
191". b iktA4[4
1. ADOPTION OF ORDINANCE NO. 400 - REZONE 79-5,
CADILLAC/FAIRVIEW
(85) Written Communications:
(55) Report dated March 19, 1980, from the City Clerk, advising
that Ordinance No. 400 was introduced on March 5, 1980, and
is scheduled for adoption.
Adoption of Ordinance No. 400:
The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman Buchheim
and seconded by Councilman Thorpe that the following Ordinance
be adopted:
ORDINANCE NO. 400, REZONE 79-5, CADILLAC/FAIRVIEW -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE
NO. 293 BY CHANGING THE ZONING ON A 12.75+ ACRE PARCEL
LOCATED SOUTH OF THE INTERSECTION OF ALIPAZ AND CAMINO
DEL AVION
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze _
2. AMENDMENT TO ORDINANCE NO. 321 - DUTIES OF THE TRAFFIC
(23) Written Communications:
(55) Report dated March 19, 1980, from the City Manager, advising
that the Traffic and Transportation Commission recommended
that additional duties be included in Section 8.C. of Ordinance
No. 321, as follows:
- To study and make recommendations to the City Council
on matters of public transportation.
- To study and make recommendations to the City Council
on matters of traffic regulations, including traffic
control devices, parking, and vehicular and pedestrian
safety.
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262
Introduction of Ordinance No. 401:
The City Attorney read the title of the Ordinance next in order.
Further reading of all ordinances had been waived earlier in
the meeting. It was moved by Councilman Buchheim and seconded
by Councilman Hausdorfer that the following Ordinance be
introduced:
ORDINANCE NO. 401, AMENDMENT TO ORDINANCE NO. 321 -
ESTABLISHING CITY BOARDS AND COMMISSIONS - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
ORDINANCE NO. 321 - DUTIES OF THE TRAFFIC AND TRANSPORTATION
COMMISSION
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
3. ORDINANCE NO. 402, REGULATING CANINE LITTER (INTRODUCTION
(45) Written Communications:
(55) Report dated March 19, 1980, from David DeBeauvais, Administra-
tive Assistant, advising that due to numerous complaints, the
Parks and Recreation Commission recommended that the City take
action to regulate and control canine litter in City parks.
introduction of Ordinance No. 402:
The City Attorney read the title of the ordinance next in order.
Further reading of all ordinances had been waived earlier in
the meeting. It was moved by Councilman Buchheim, seconded by
Councilman Hausdorfer that the following ordinance be introduced:
ORDINANCE NO. 402, CONTROL OF CANINE LITTER -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROHIBITING THE CREATION OF A PUBLIC
NUISANCE BY FAILURE TO PREVENT AND/OR REMOVE UNLAWFUL
CANINE LITTER
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
4. ORDINANCE NO. 403, ABATEMENT OF VEGETATION OBSTRUCTING
FREE PASSAGE (INTRODUCTION)
(55) Written Communications:
Report dated March 19, 1980, from David DeBeauvais, Administra-
tive Assistant, forwarding a proposed ordinance to insure that
public thoroughfares will remain free of obstructions by
vegetation and to help reduce City liability risks.
Introduction of Ordinance No. 403:
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 Buchheim that the following ordinance be introduced:
ORDINANCE NO. 40
OF VEGETATION OBSTRUCTING
rAH t'HJJHba - tN UNU1NANUr UPTHE UITY UP' SAN JUAN
CAPISTRANO, CALIFORNIA, PROVIDING FOR THE ABATEMENT OF
VEGETATION CONSTITUTING A PUBLIC NUISANCE BY OBSTRUCTING
THE FREE PASSAGE OF PEDESTRIANS AND/OR VEHICLES UPON OR
ALONG ADJACENT PUBLIC RIGHTS-OF-WAY
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263
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
Mayor Friess noted that the procedure for abatement of the
vegetation would be similar to the annual weed abatement procedure.
RESOLUTIONS
1. ASSESSMENT DISTRICT 78-1, CAMINO CAPISTRANO SOUTH -
ADMINISTRATIVE ACTIONS
(74) Written Communications:
Report dated March 19, 1980, from the Director of Public Works
advising that the protest hearing for the District had been
held on March 5th; no modifications are proposed and no protests
were received.
Resolution Determining Necessity:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 80-3-19-8, DETERMINING NECESSITY -
ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO FINDING AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE CERTAIN PUBLIC IMPROVEMENTS IN A SPECIAL ASSESSMENT
DISTRICT AND FURTHER STATING THAT "SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF
1931" DOES NOT APPLY
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
Resolution Approving Contracts for Underground Installation:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 80-3-19-9, APPROVING INSTALLATION -
ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CIT
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING
CONTRACTS FOR UNDERGROUND INSTALLATION
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
The Resolution approves Agreements for undergrounding of
utility facilities with the following utilities: San Diego
Gas and Electric; Pacific Telephone Company.
of Contract with
Waterworks
It was moved by councilman •rnorpe, seconded by councilman
Hausdorfer and unanimously carried to approve the contract
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4:
264
between the City and Orange County Waterworks District #4 for
the installation of water facilities, Assessment District 78-3.
The Mayor and City Clerk were authorized to sign the agreement
on behalf of the City.
Resolution Confirming Assessment:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 80-3-19-10, CONFIRMING ASSESSMENT -
ASSESSMENT DISTRICT NO. 78-1 - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING
ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER
WITH APPURTENANCES AND APPROVING THE ENGINEER'S REPORT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
Resolution Awarding Construction Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 80-2-19-11, CONTRACT AWARD - ASSESSMENT
DISTRICT NO. 78-1 - RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AWARDING
CONTRACT FOR CONSTRUCTION IN A SPECIAL ASSESSMENT DISTRICT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
The Resolution awards the contract to Fred Weisz and Associates
of Mission Viejo in the amount of $208,250.44.
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT FOR ENGINEERING SERVICES,
DESIGN OF CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK ROAD
(38) Written Communications:
(74) Report dated March 19, 1980, from the Director of Public Works
forwarding a proposed agreement with Willdan Associates for
design of the Camino Capistrano Bridge; the design work will
include preparation of plans for the removal of the existing
bridge, construction of a new bridge and construction of bridge
approaches. The intersection of Camino Capistrano and San Juan
Creek Road will be signalized.
Compensation is as follows: Phase I, $22,000; Phase II, $73,500.
Cooperative funding will be acquired from other agencies for
Phase II.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to approve the Agreement for
Engineering Services, Phase I and II, Camino Capistrano Bridge
at San Juan Creek with Willdan Associates at a total cost of
$95,500; the Mayor and City Clerk were authorized to
execute the agreement on behalf of the City.
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265
2. AGREEMENT FOR STREET IMPROVEMENTS (BARWICK IMPORTS)
(38) Written Communications:
(83) Report dated March 19, 1980, from the Director of Public Works,
forwarding a proposed agreement with Barwick Datsun Agency to
postpone public improvements for a 3 -year period or until the
City requires construction of improvements. A bond in the
amount of $41,400 is required. The current agreement to
postpone improvements expires on March 31, 1980.
Approval of Agreement:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement
to postpone public improvements with Barwick Datsun Agency;
the Mayor and City Clerk are authorized to execute the agreement
on behalf of the City.
3. AGREEMENT FOR COUNTYWIDE ENTITLEMENT JURISDICTION
(38) Written Communications:
(56) Report dated March 19, 1980, from Loretta Zimmerman, Assistant
to the City Manager, forwarding a proposed contract between the
City and the County of Orange by which the City will join with
the County to receive federal funding for criminal justice
purposes. The Entitlement Jurisdiction allows the maintenance
of local control and encourages better coordinated criminal
justice efforts.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to approve the Agreement for
Countywide Entitlement Jurisdiction; the Mayor and City Clerk
were authorized to execute the agreement on behalf of the City.
4. AUTHORIZATION TO REBID CALLE ASPERO WIDENING
(38) Written Communications:
(83) Report dated March 19, 1980, from the Director of Public Works
advising that utility poles within the proposed limits of
improvement have been moved, the City has all necessary
right-of-way, and the project is now ready to rebid.
Authorization to Receive Proposals:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to authorize the City Engineer
to call for bids for the Calle Aspero Widening project.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer and seconded by Councilman
Thorpe 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, Thorpe, Buchheim,
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
1. APPROVAL OF WARRANTS
(41) The List of Demands dated March 19, 1980, Warrants Nos. 18959
through 19101, inclusive, in the total amount of $377,698.32,
was approved as submitted.
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26(i
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF FEBRUARY 29, 1980
(41) The City Treasurer's Report of Investments as of February 29,
1980, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF FEBRUARY 29, 1980
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of February 29, 1980, was approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF JANUARY 31, 1980
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the 7 -month period ending January 31, 1980, was approved
as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
MARCH 4, 1980
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of March 4, 1980, was ordered received and
filed.
6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
MARCH 10, 1980
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of March 10, 1980, was ordered received and
filed.
7. CLAIM FOR STORM DAMAGES (TUBB AND VIDOVICH)
(35) The following Claims filed as a result of alleged storm damage
are denied and referred to the City's Claims Adjuster,
Carl Warren and Company, as set forth in the report dated
March 19, 1980, from the City Clerk:
Name
Address
Date Filed
John Tubb
25711 Windjammer Drive
February
25, 1980
Joel Vidovich
33496 Calle Miramar
February
22, 1980
Gerald Cogar
33482 Calle Miramar
February
22, 1980
ACCEPTANCE OF TITLE III -B GRANT FUNDS (OLDER AMERICANS ACT)
FOR SENIOR CITIZENS VAN
(41) Written Communications:
(62) Report dated March 19, 1980, from the Director of Public Works
adivsing that on March 4, 1980, the Board of Supervisors
selected the City to receive Title III -B grant funds in the
amount of $12,760, for purchase of a 12 -passenger van for the
Senior Citizens Program; and, that the City's required match
of 25% or $2,250, is available from park in -lieu fees.
Loop System for Mobile Home Parks/Approval of Contract:
In response to Mayor Friess, Pam Hallan advised that under the
limitations of the grant, the van would not have a fixed system
and would be used for emergency services or persons having
no other means of transportation. It was moved by Councilman
Buchheim, seconded by Councilman Thorpe and unanimously carried
to direct that the possibility of using the van on a loop
system serving the mobile home parks be checked, in order to
determine ridership potential prior to City expenditure for
a City bus system; the contract for acceptance of the funds
was approved and the Mayor and City Clerk were authorized to
execute the document on behalf of the City. A letter of
appreciation is to be forwarded to the Board of Supervisors.
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267
ADMINISTRATIVE ITEMS
CITY MANAGER
1. ITEM PRICING IN SUPERMARKETS
(76) Written Communications:
(1) Report dated March 19, 1980, from Loretta Zimmerman,
Assistant to the City Manager, recommending that since
all local markets use both individual item pricing
and shelf markers, no action be taken at this time.
(2) Letter dated February 22, 1980, from the Chamber of
Commerce, opposing an ordinance requiring item price
marking. -
(3) Western Union Mailgram dated March 18, 1980, from Sherry
Baum, Diector of the Consumers Coalition, in support
of an ordinance requiring item pricing.
Preparation of Ordinance:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to direct that an ordinance
requiring item pricing in supermarkets be prepared for
discussion at the next meeting.
Jim Gray, Vice President of Ralphs Grocery Company, representing
the Southern California Grocers Association, advised he would
like to discuss the matter with Council, and Mayor Friess
advised that comments will be accepted during consideration
of the Ordinance.
2. CITY COUNCIL POLICY MANUAL
(32) With the concurrence of Council, Mayor Friess directed that this
(69) item be held until the next meeting.
3. APPROVAL OF LEASE AGREEMENT, MISSION TRAILS CORRAL
(23) Written Communications:
(38) Report dated March 19, 1980, from the City Manager, forwarding
a proposed agreement for lease of City property to Mission
Trails Corral bor boarding stable purposes.
Council Discussion:
Councilman Hausdorfer noted Item 2.H. of the Lease regarding
maintenance of the stable in a neat, clean and sanitary
condition and expressed his concern for monitoring both
Mission Trails Corral and Wagon Wheel pursuant to concerns
stated by neighboring residences. Mayor Friess requested
inclusion of a prohibition on animals creating a nuisance;
i.e.; early -morning noise makers. Councilman Buchheim suggested
inclusion of a start-up time for group activities.
Mayor Friess noted a discrepancy exists regarding the date by
which the stable must vacate property owned by Ortega Properties.
He advised that he understood a time extension to May 1st had
been granted; however, the stable has been informed that water
service will be discontinued on April 1st. The City Manager
and Director of Public Works concurred that May 1st is a
more realistic date; with the concurrence of Council, Mayor
Firess directed that the discrepancy be resolved immediately
and that the Planning staff assist the relocation in any way
possible.
Approval o£ Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and uannimously carried to approve the Agreement with
Mission Trails Corral for lease of City -owned property for
boarding stable purposes with the amendments to preclude
keeping of animals or fowl creating a public nuisance and the
inclusion of a 7:30 a.m., start-up time for group activities.
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DIRECTOR OF PUBLIC WORKS
1. STATUS REPORT - GRIEVANCES OF RESIDENTS (LOS CORRALES)
(85) This item was taken out of order for the benefit of persons
in the audience.
Written Communications:
Report dated March 19, 1980, from the Director of Public Works
advising that results of a questionnaire mailed in February
will be available at the April 2nd meeting; and, forwarding
a letter dated March 10th from George T. Kruer, Patrick
Development.
Council Discussion:
Mayor Friess advised that a meeting had been held with Mr. Kruer,
Mrs. Ferruzzo, Mr. Fergeson and Council representatives to
discuss the matter; that all parties had agreed to a process
for handling the matter; and, recommended removing the two
conditions placed on the developer on March 5th.
Tim Kruer, Patrick Development, advised the Council of his
objection to the word "grievances;" that the problems are
legitimate customer service requests and not Code violations;
advised of his company's dedication to building quality homes
and of their willingness to cooperate with the City and residents
of the tract.
Removal of Conditions of March 5th:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to remove the two conditions
placed on the developer at the March 5th meeting, as follows:
(1) no occupancy permits are to be granted for any homes in
the development which are not in escrow until the issues are
resolved to the satisfaction of the City Council; and, (2) the
developer is to allow the residents of the area to employ a
third party opinion on any construction deficiencies.
Council concurred with Councilman Thorpe's suggestions that the
issues of the equestrian trail and drainage on the lots on
the east side of the tract be addressed at the next meeting.
He suggested a meeting involving the City, developer and affected
persons in order to clarify the intent of the drainage patters;
further, that Glendale Federal be required to accommodate all
drainage from its development.
RECESS AND RECONVENE
The
Council recessed at 9:25 P.M.,
and reconvened at 9:40 P.M.
CITY
CLERK
1.
ELECTION STATUS REPORT
(40)
Written Communications:
Report dated March 19, 1980, from
the City Clerk advising
that the ballots from the April
8 City election will be
tabulated in the City Council
Chamber following close of
the polls; an Accu -Vote ballot
counter will be rented for
that purpose. A request from
the City Clerk of the City of
San Clemente for time sharing
of the ballot counter has been
approved and will result in a
cost savings of approximately
$250 for the Elections Account
1228.
With the concurrence of Council, Mayor Friess ordered the report
received and filed.
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269
CITY ATTORNEY
1. REGULATIONS FOR PARKING OF OVER -SIZED VEHICLES
(64) Written Communications:
Report dated March 19, 1980, from the City Attorney forwarding
a proposed ordinance pertaining to the prohibition of on -street
parking of certain motorized and non -motorized vehicles, as
requested by Council on March 5th.
Sheriff's Lt. Dennis LaDucer made an oral report, and recommended
that the size of such vehicles be addressed in any legislation.
Council discussed street signing that may be required by the
ordinance, and Councilman Thorpe suggested alternative approaches—
to adopting further legislation. Ken Glandt, 25601 Via Solis
stated his concern with only "over -sized" vehicles. Mrs. Glandt
advised that the Mission Bell tract has no CC&R's nor homeowners
association through which regulations may be adopted.
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim that the Director of Public Works research the extent
and costs of street signing and report further at the meeting
of April 2, 1980. The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Buchheim and Mayor Friess
NOES: Councilman Thorpe
ABSENT: Councilman Schwartze
DIRECTOR OF PUBLIC WORKS
1. GRADING BONDS, TRACTS 7617 AND 8594 (MARINERS VILLAGE)
(29) Written Communications:
(85) Report dated March 19, 1980, from the Director of Public Works
advising that the grading work has been completed and that the
developer has requested release of the bonds for Tracts 8594
and 7616; a cash deposit of $13,500 is on file for correction
of drainage problems in Tract 8495.
Dale Schlack, President, Board of Directors of the Homeowners
Association, 25615 Mariner Drive, read a letter dated March 19
stating that discussions on grading problems are still being
held with the developer and requesting that release of all
grading bonds be withheld until a satisfactory solution is
agreed upon by all parties and evidence of cimplementation is
shown.
Request for Report:
With Council concurrence, Mayor Friess requested that the
Director of Public Works meet with the Association for a
delineation of all concerns; a report is to be submitted at
the meeting of April 2, 1980.
TRAFFIC AND TRANSPORTATION COMMISSION
1. CROSSING GUARD AND TRAFFIC SIGNAL - LA ZANJA AT CAMINO CAPISTRANO
(82) This report was taken out of order on the Agenda for the benefit
of interested persons in the audience.
Written Communications:
Report dated March 19, 1980, from George Alvarez, Commission
Secretary, forwarding the recommendation made by the Commission
on March 6th that a crossing guard not be instituted at this
time, that the midblock crossing be deleted and that monitoring
of pedestrian volumes at the intersection continue.
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270
Nancy Dingus, 30714 Calle Resplendor, representing the Parent-
Teacher League of San Juan Elementary School, addressed the
Council in support of a crossing guard and installation of a
4 -way traffic signal and stated the results of the pedestrian
survey were skewed due to the hours the counts were taken.
Mayor Friess suggested that staff inquire if a member of the
senior citizens club would be willing to serve as a crossing
guard. The Director of Public Works suggested using a
temporary traffic signal.
Approval of Crossing Guard:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried as follows: (1) to acquire
a crossing guard from April 7, 1980, to the end of the school
year with the matter to be discussed further during budget
discussions; (2) the work hours for the crossing guard are
to be determined following discussions with the District
Superintendent of Schools; (3) the midblock crossing is to be
eliminated at this time.
Councilman Thorpe suggested that when the matter is scheduled
for budget discussions, notification be given to the School
District and the PTO.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT - MEREDITH CANYON LANDSCAPING/REQUEST FOR
(85) Written Communications:
(1) Report dated March 19, 1980, from the Director of
Community Planning and Development advising that the
developer has indicated a desire to resolve the landscape
issues and, therefore, a hearing date should be set.
(2) Letter dated March 4, 1980, from Richard Meredith, Vice
President of the Craig Development Corporation, requesting
exoneration of bonds for the Meredith Canyon Development
and advising that no further action will be taken to
resolve the issues of the one remaining area of slope
repair and the landscaping of Areas F and G until the
bonds are released. Further, that they will hold the
City accountable for recovery of any damages arising
from the refusal to release the bonds after the works
have been completed.
Hearing Date:
There was a consensus of Council that the reports be received
and filed and that a hearing date for review of landscape
areas G and F be scheduled during the month of May.
2. TREE REMOVAL REQUEST - ARCHITECTURAL CONTROL 78-9
(HOME FEDERAL SAVINGS AND LOAN)
(74) Written Communications:
(68) (1) Report dated March 19, 1980, from the Director of
Community Planning and Development, advising that
the request for the removal of the pine tree at the
corner of Camino Capistrano and Del Obispo Street
has been approved, subject to replacement with two
48" box trees.
(2) Letter dated March 19, 1980, from Margaret Chard,
President of San Juan Beautiful, Inc., in opposition
to the proposed removal of the Digger Pine tree.
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2'71
Retention of Pine Tree:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe to overturn the decision of the Tree Inspector and to
direct that every effort be made to retain the tree.
DIRECTOR OF PUBLIC WORKS:
1. STATUS REPORT - MULTI -MODAL TRANSPORTATION TERMINAL
(88) Written Communications:
Report dated March 19, 1980, from the Director of Public Works
setting forth the progress on the development of the multi -modal
transportation terminal.
With the concurrence of Council, Mayor Friess ordered the report
received and filed.
DIRECTOR OF RECREATION
1. JOINT CITY/CUSD AD HOC RECREATION FACILITIES COMMITTEE
(23) Written Communications:
(62) Report dated March 19, 1980, from the Director of Recreation
setting forth the status of the Committee approved by the
Council on February 6th.
Conceptual Committee Approval and Appointment of Council
Representative:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to approve the committee duties
in concept, the membership to consist of one City Council Member,
one Parks and Recreation Commissioner, one Capistrano Unified
School District Board Member, and one School administration
member. There was a consensus of Council that Gary Hausdorfer,
Mayor pro tem, be appointed to serve as the City Council
representative.
COUNCIL ACTIONS
1. DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE/ECONOMIC
DEVELOPMENT COMMITTEE
(23) Written Communications:
Reports dated March 19, 1980, from the City Manager forwarding
the duties and membership of the two committees.
Council discussed possible consolidation of the two committees,
and Mayor Friess suggested dissolving the Economic Development
Committee. The Director of Community Planning and Development
advised that the Envionmental Impact Report for the downtown
study area will be complete in approximately 40 days.
Request for Committee Description:
There was a concurrence of Council that Councilmen Hausdorfer
and Schwartze, Rita Casteel of Bank of American, and John
Saunders of Endevco be requested to write a description of
a proposed consolidated committee for Council review on
April 16, 1980. Staff is to determine the interest of
current committee members in serving on a new committee.
2. NOMINATIONS TO ORANGE COUNTY GRAND JURY
(56) Written Communications:
Report dated March 19, 1980, from the City Manager, forwarding
the applications received for nomination to the Grand Jury.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried that the following persons be
nominated for service on the Orange County Grand Jury: Al R.
Arps, Gerald G. Greeley, C. C. McCary, Arthur F. McConnell, Jr.
-18- 3/19/80
2'72
The City Manager was directed to advise each of the applicants
of their nomination and to direct a letter to Leonor Hammond
in appreciation of her service on the Grand Jury during the
last year.
3. APPOINTMENT TO THE TRAFFIC AND TRANSPORTATION COMMISSION
tt.rrT rrwe mrwn�mr�
(23) Written Communications:
Report dated March 19, 1980, from the City Manager forwarding
the applications received for appointment to the Traffic and
Transportation Commission.
4.
It was moved by Councilman Hausdorfer, seconded by Mayor Friess
and unanimously carried to appoint William L. Timoti, 25702
Calle Jardin, to fill the existing vacancy on the Commission.
ACCEPTANCE OF RESIGNATION OF ARCHITECTURAL BOARD OF
MEMBER ANTHONY L. BLAND
(23) It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to accept the resignation
from the Architectural Board of Review effective March 18th, as
submitted by Anthony L. Bland. Mr. Bland will commence his
duties as a Member of the Planning Commission on March 25,
1980.
The City Clerk was requested to advertise the ABR vacancy and
to schedule appointment for the meeting of April 16, 1980.
5. STATE AND FEDERAL LOW-COST HOUSING ASSISTANCE FUNDS
(JUNE 3 REFERENDUM ELECTION)
(40) Council received copies of a letter dated March 3, 1980,
(56) from John L. Avitabile, Executive Director of the Orange
County Housing Authority, advising that the County has adopted
a resolution providing for an "Article XXIV Referendum" for
the June 3rd election. Passage of the referendum will permit
the County to receive state or federal funds for the construction,
development, or acquisition of rental housing for elderly,
handicapped and low- to moderate -income households within
unincorporated areas. The letter further advised that the
resolution provides for cities in the County to participate
in the fererendum upon passage of a resolution to that effect,
and such city votes would be tallied separately to determine
if the referendum were approved by a majority of voters within
the City. If approved, the city would be eligible to receive
housing assistance funds also.
City Participation in June 3, 1980, Election:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried that the following Resolution
be adopted:
RESOLUTION NO. 80-3-19-12, JUNE 3 REFERENDUM ELECTION -
STATE AND FEDERAL LOW-COST HOUSING ASSISTANCE FUNDS -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING PARTICIPATION IN A
SPECIAL ELECTION CALLED BY THE BOARD OF SUPERVISORS OF
ORANGE COUNTY TO APPROVE RENTAL HOUSING DEVELOPMENT FOR
ELDERLY, HANDICAPPED, LOW- OR MODERATE -INCOME PERSONS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
-19- 3/19/80
273
COUNCIL REMARKS
1. MEETING SCHEDULE - WORKSHOP FOR DISCUSSION OF HILLSIDE
REGULATIONS AND ARCHITECTURAL GUIDELINES
(32) Council concurred with the suggestion of Councilman Hausdorfer
that a workshop be scheduled for May 21, 1980, for discussion
of the Hillside Development Regulations and Architectural
Guidelines. Notice of the workshop is to be sent to
professional builders, architects, etc., with projects
in the City.
2. COLINAS DE CAPISTRANO - LEGAL REMEDIES TO COUNTY APPROVAL
OF RIDGELINE DEVELOPMENT
(56) It was moved by Councilman Hausdorfer, seconded by Councilman
(35) Thorpe and unanimously carried that the City's legal consultants,
the firm of Rutan and Tucker, be instructed to research and
report back as soon as possible any and all legal remedies
that the City may have with respect to the action taken by
the County on the feature and area plans, as well as any
prior subdivision and environmental approvals, with regard to
the Colinas de Capistrano property; said report to specifically
include any potential legal actions that may be filed at this
time; further, said report is to be submitted by April 2, 1980.
3. SOUTHEAST REGIONAL RECLAMATION AUTHORITY
(79) Councilman Thorpe commented on the future agreement for funds
for emergency services at the Treatment Plant, drainage flows
from adjacent development, and the activity in recruitment
of a General Manager.
4. TREE PLANTING PROGRAM - SAN JUAN BEAUTIFUL, INC.
(74) Mayor Friess noted receipt of a letter dated March 12, from
(61) Carolyn J. Nash, representing San Juan Beautiful, Inc., proposing
a continuation of the street tree planting program established
in 1975 and a contribution of $1,500 to be matched by the City
for planting of trees during 1980.
Approval of Proposal:
There was a consensus of Council that the street tree planting
be approved and San Juan Beautiful, Inc., so advised.
5. OPEN SPACE PLANTING
(32) Councilman Thorpe suggested that the possibility of seeding
wildflowers and planting native trees on the Glendale Federal
property open space be investigated.
6. LOCAL AGENCY FORMATION COMMISSION -
NOMINATION OF LEAGUE OF CALIFORNIA CITIES REPRESENTATIVE
(SCHWARTZE)
(21) It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to nominate Councilman
Phillip R. Schwartze to the position of League of California
Cities representative to the Local Agency Formation Commission
for the 4 -year term commencing in May, 1980.
RECESS AND RECONVENE
Council recessed to an Executive Session at 11:40 p.m., the City
Clerk being excused therefrom, and reconvened at 12:35 a.m.,
March 20th.
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274
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:37 a.m., March 20, 1980, to the next regular
meeting date of Wednesday, April 2, 1980 at 7:00 P.M., in the
City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
MARY ANN % s�
—21— 3/19/80