80-0402_CC_Minutes_Regular Meeting2'76
APRIL 2, 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 Councilman Gary L.
Hausdorfer.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
James F. Thorpe, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works; Thomas G. Merrell,
Director of Community Planning and Development; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson, Deputy
City Clerk.
MINUTES
Regular Meeting of March 19, 1980:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim
that the Minutes of the Regular Meeting of March 19, 1980, be
approved with the notation that Councilman Hausdorfer was absent
for Minute approval and the Motion to Read by Title Only. The
motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze
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
EXECUTIVE SESSION
Council recessed to Executive Session at 7:04 P.M., the City Clerk
being excused therefrom, and reconvened at 7:40 P.M.
(56) Colinas de Capistrano - Authorization to File Legal Action:
(35) Mayor Friess advised that the City's position regarding recent
County actions on the Colinas de Capistrano development had
been discussed, and it was moved by Councilman Schwartze,
seconded by Councilman Hausdorfer and unanimously carried
to authorize the law firm of Rutan and Tucker, in association
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2'7'7
with the City Attorney, to file all appropriate actions against
all appropriate parties to protect the ridgelines on the Colinas
de Capistrano property, including any and all governmental
approvals received on that property.
ORAL COMMUNICATIONS
1. BEAR BRAND RANCH GRADING (DULL)
(85) Ronald and Julie Dull, 31851 Via de Linda, advised that their
property at the terminus of Calle Aspero abuts the City boundary;
that although their property line extends only half way up the
backyard slope, they have landscaped and maintained the entire
slope; that grading will be commencing on the Bear Brand Ranch
project and recent plans indicate that a cut will be made on
City property diagonally across the slope; and, that such a
cut will create adverse environmental impacts. Mr. Dull requeste
City action to halt the grading until the grading design can be
re -engineered.
Following discussion and with the concurrence of Council, Mayor
Friess directed that the Director of Public Works investigate
the concerns, advise Mr. and Mrs. Dull of his findings and work
to preclude any action on City property prior to the next Council
meeting.
2. IRREVOCABLE OFFER OF DEDICATION - ROAD AND EQUESTRIAN PURPOSES
I TTTTI TIi X
(73) Written Communications:
(80) (1) Letter dated March 26, 1980, from Paul J. Burke, 31351
(91) Aguacate Road, requesting consideration of an equestrian
and road easement for Parcel 121-070-59, in order to
determine jurisdiction and liability prior to obtaining
estimates to repair storm damage.
(2) Letter dated April 2, 1980, from Paul Burke, citing concerns
regarding liability, repair costs and funding for restoration
of the property.
Mr. Burke advised the Council of the damage to his property
during the recent rains and presented pictures for their review;
requested the Council to either accept or reject the offer of
dedication so that ownership and responsibility can be established
prior to applying for federal disaster assistance funds.
The City Attorney and Director of Public Works were requested to
meet with Mr. Burke regarding his concerns and report at the
meeting of April 16th if Mr. Burke's concerns are not resolved
to his satisfaction.
3. DENIAL OF TREE REMOVAL - HOME FEDERAL SAVINGS AND LOAN
(68) Tom Fincher, Vice President/Design Manager, Home Federal Savings
(74) and Loan, requested Council reconsideration of the March 19th
denial of the application to remove a pine tree on Del Obispo.
Mr. Fincher advised that the tree is hazardous; that required
utility undergrounding and widening of Del Obispo have damaged
the root system and traffic will continue to cause damage; that
bracing of the tree is not aesthetically pleasing nor prudent.
Mayor Friess noted that the direction that the tree be saved
was a unanimous Council decision; any pruning of the tree is
to be done with direction of the City staff. Mr. Fincher advised
that he feels the City is accepting any potential liability should
the tree collapse and that Home Federal is willing to cooperate.
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278
4. FLOOD REPAIRS/HUD FUNDING/RETIREMENT SYSTEM
(80) Marilyn Williams, 29931 Camino Capistrano, expressed her concern
(23) regarding funds expended on flood damage and was advised that
through joint agreements with SERRA Member Agencies funds will
be borrowed for repair; that legal action has commenced to recover
funds and that grant applications are being filed.
Mrs. Williams expressed concern regarding the interest rates
and required refunding of interest earned in conjunction with
the Housing and Community Development Grant; questioned the
status of the development rights agreement with The Ranch; and,
cited concern with the City retirement system.
During the ensuing discussion, Mrs. Williams was advised that
the City Attorney had initiated changes to The Ranch's contract
to delete misleading references to "transfer of development
rights;" and Councilman Schwartze advised that additional
(66) information on the retirement system will be forthcoming. The
City Manager was requested to draft a summary of this and past
Council discussion on the retirement system.
WRITTEN COMMUNICATIONS
1. STORM -RELATED CONCERNS - CAPTAIN'S HILL HOMEOWNERS ASSOC
(80) The Council received copies of a letter dated March 11, 1980,
(85) from John Kubas, Villageway Management, representative of
Captain's Hill Homeowners Association, regarding storm -related
problems in the development. Also forwarded was a response
from the Director of Public Works to the questions raised in
Mr. Kubas' letter.
Joe Miller, 25642 Windjammer, President of the Association,
suggested the Bear Brand Ranch be requested to install extra
catchbasins and cited increased siltation due to a fire in the
area.
Following discussion, Mayor Friess suggested that Mr. Miller
meet with the Public Works staff to discuss the situation.
2. IMPROVEMENT OF LOT 5, BLOCK 5, BURRUEL PLAZA (KING)
(76) Council received copies of a letter dated March 19, 1980, from
Chuck King, requesting directions and conditions necessary for
the improvement of the Burruel Plaza.
Mr. King, 26872 Calle Hermosa, Capistrano Beach, advised the
Council that he is willing to submit designs in accordance with
the downtown study, but that a time frame is needed in order
to acquire funding. Mr. King was advised that a decision
regarding the downtown area should be reached within six months,
and staff was directed to draft a letter for the Mayor's signature
advising Mr. King's bank that a final decision will be made
during budget discussions this year.
3. DEVELOPMENT AT 34101 VIA CALIFORNIA - CAPISTRANO BEACH
COMMUNITY ASSOCIATION
(85) The Council received copies of a letter dated March 21, 1980,
(56) from Mike Reed, President of the Capistrano Beach Community
Association, setting forth concerns regarding the effect of
a development at 34101 Via California on adjacent residences
in Capistrano Beach.
The item was referred to the Director of Community Planning and
Development for reply. Councilman Thorpe suggested a policy that
all community groups in an affected area receive Public Hearing
Notices; and, Councilman Schwartze noted that there is an item
on the To Do List regarding posting of the property affected
by public hearings.
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9
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 401, AMENDMENT TO ORDINANCE NO. 321
FOR ADDITIONAL DUTIES OF TRAFFIC AND TRANSPORTATION COMMISSION
(23) Written Communications:
(55) Report dated April 2, 1980, from the City Clerk, advising that
Ordinance No. 401 was introduced on March 19, 1980, and is
scheduled for adoption.
Adoption 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 Schwartze, seconded by
Councilman Hausdorfer that the following Ordinance be adopted: —
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
ABSTAIN: Councilman Schwartze
ABSENT: None
2. RE -INTRODUCTION OF ORDINANCE NO. 403, REGULATING DOG LITTER
(57) Written Communications:
(45) Report dated April 2, 1980, from the City Clerk, advising that
(55) the Ordinance was introduced on March 19, 1980, and is scheduled
for adoption.
Mayor Friess cited
introduced, could
and suggested that
noted the need for
Ordinance would be
concerns that section 4 of the Ordinance, as
lead to confrontations between property owners
the section be deleted. Councilman Hausdorfer
individual responsibility and that the
impossible to enforce.
Re -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 Buchheim, seconded by
Councilman Schwartze that Section 4, Failure to Prevent Unlawful
Canine Litter, be deleted and that the Ordinance be re -introduced:
ORDINANCE NO. 403, CONTROL OF CANINE LITTER - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
PROHIBITING THE CREATION OF A PUBLIC NUISANCE BY FAILURE
TO REMOVE UNLAWFUL CANINE LITTER
The motion carried by the following vote:
AYES: Councilmen Schwartze, Thorpe, Buchheim
and Mayor Friess
NOES: Councilman Hausdorfer
ABSENT: None
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3. ADOPTION OF ORDINANCE NO. 402 - ABATEMENT OF VEGETATION
OBSTRUCTING FREE PASSAGE
(55) Written Communications:
Report dated April 2, 1980, from the City Clerk, advising that
the Ordinance was introduced on March 19, 1980, and is scheduled
for adoption.
Adoption 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 Hausdorfer, seconded
by Councilman Schwartze that the following Ordinance be adopted:
ORDINANCE NO. 402, ABATEMENT OF VEGETATION OBSTRUCTING
FREE PASSAGE - AN ORDINANCE OF THE CITY OF 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
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
4. INTRODUCTION OF ORDINANCE NO. 404, REGULATING
PARKING OF OVERSIZED VEHICLES
(64) Written Communications:
Report dated April 1, 1980, from the Director of Public Works
advising of the costs and numbers of signs required to restrict
parking of oversized vehicles on public streets, as requested
by Council on March 19th.
The following persons addressed Council:
(1) Ken Glandt, 25601 Via Solis, addressed the Council and
advised that parking regulations pursuant to the City's
Traffic Ordinance are not generally posted and indicated
his support for the Ordinance.
(2) Henry Latunski, 25612 Via Solis, cited his feeling that
parking of oversized vehicles is not a problem in the
City as a whole and that he did not support the Ordinance.
Councilmen Thorpe and Buchheim cited concerns that adoption of
the ordinance would penalize residents whose oversized vehicles
are not creating neighborhood conflicts; Mayor Friess advised
he felt it is a City-wide problem.
Introduction of Ordinance No. 404:
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. 404, PARKING RESTRICTIONS - OVERSIZED
VEHICLES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ORDINANCE NO. 295 TO ADD CERTAIN
SECTIONS PERTAINING TO THE PROHIBITION OF ON -STREET
PARKING OF CERTAIN VEHICLES AND NON -MOTORIZED VEHICLES
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The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess
NOES: Councilmen Thorpe and Buchheim
ABSENT: None
Mayor Friess advised that the intent would be to place warning
notices on vehicles violating the ordinance and that signing
of the City would only be done if necessary.
5. INTRODUCTION OF ORDINANCE NO. 405, ITEM PRICING IN SUPERMARKETS
(55) Written Communications:
(1) Report dated April 2, 1980, from Loretta Zimmerman,
Assistant to the City Manager, forwarding an ordinance
requiring item pricing in supermarkets pursuant to
Council direction on March 19.
(2) Letter dated March 26, 1980, from Alice Symanski, in
support of item pricing and forwarding a petition
containing approximately 141 signatures supporting
item pricing.
The City Manager suggested that Section 5-15.03(A) be deleted
from the Ordinance and the title of the Section change to
read "Violations" since recent codification of the City's
ordinances provides for uniform penalties.
The following persons addressed Council:
(1) Jan Gray, representing the Grocers Association, addressed
the Council in opposition to the Ordinance.
(2) Wilson Buckner, representing the legislative committee
of the San Juan Capistrano Chamber of Commerce, read a
resolution adopted by the Chamber on February 22, in
opposition to an ordinance requiring item pricing.
(3) Alice Symanski, 2808-A Camino Capistrano, San Clemente,
representing the Orange County Consumer Coalition,
addressed Council in support of the Ordinance.
(4) Sherry Baum, Director of the Orange County Consumers
Coalition, addressed the Council in support of the
Ordinance.
(5) Ken Stuart, 4551 Sharon Drive, Las Palmas, Director of
Membership Services of the Retail Clerks Union advised
of support for the ordinance.
Council Discussion: -
Councilman Schwartze cited his opposition to requiring item
pricing and stated the City should not be involved in regulating
the matter. Mayor Friess cited support indicated to him from
mobile home parks. Councilman Hausdorfer felt that the public
has not been properly prepared for the change -over and Councilman
Thorpe noted his concerns with mistakes made by machines
and lack of consumer information.
Introduction of Ordinance No. 405:
The City Attorney read the title of the Ordinance next in order.
Further reading of all ordinances had been waived earlier in the
meeting. It was moved by Councilman Hausdorfer, seconded by
Councilman Thorpe that the following Ordinance be introduced:
ORDINANCE NO. 405, ITEM PRICE MARKING ON PACKAGED
CONSUMER COMMODITIES - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, RELATING TO ITEM PRICE
MARKING ON PACKAGED CONSUMER COMMODITIES
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The motion carried by the following vote:
AYES:
NOES:
ABSENT:
RECESS AND RECONVENE
282
Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
Councilman Schwartze
None
The Council recessed at 9:50 p.m., and reconvened at 10:05 p.m.
BIDS. CONTRACTS, AGREEMENTS
1. AWARD OF
FOR
lat
(38) Written Communications:
(74) Report dated April 2, 1980, from the Director of Public Works
forwarding an agreement with Boyle Engineering Corporation,
of Newport Beach, for design of the southwesterly half of the
La Novia Avenue bridge. The Director of Public Works advised
that project implementation would be addressed during the
budget process; by completion of the design the project will
be available for grant funding.
Award of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the agreement
for Engineering Services for La Novia Bridge design in a total
compensation of $38,900, and to authorize the Mayor and City
Clerk to execute the document on behalf of the City. All
other proposals received were rejected.
2. APPROVAL OF CHANGE ORDERS 5 AND 6, AHFP 883
DEL OBISPO/AGUACATE ROAD (GRIFFITH COMPANY)
(44) Written Communications:
(83) Report dated April 2, 1980, from the Director of Public Works
requesting approval of Change Orders Nos. 5 and 6. Change
Order No. 5, in the amount of $15,100, is for a retaining
wall and to construct two driveways to street level. Change
Order No. 6, in the amount of $12,911.99, is to purchase
materials to raise water valves, detour striping, removal
of AC debris, extra traffic control and reconstruction of
curb and gutter.
Approval of Change Orders:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve Change Orders
Nos. 5, at $15,100, and 6, at $12,911.99, for the Del Obispo/
Aguacate Road project.
3. AWARD OF BIDS - PURCHASE OF TRUCKS (PUBLIC WORKS
MAINTENANCE AND TREATMENT PLANT)
(74) Written Communications:
(75) Report dated April 2, 1980, from the Director of Public Works
(79) advising that on March 7th bids were received for the purchase
of two one -ton dump trucks and two 1/2 -ton pickups to replace
vehicles damaged during the recent rains or which have been
fully depriciated as of this year.
Award of Bids:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to award the bids for
purchase of trucks as follows:
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283
to McCoy Ford of Anaheim, for one -ton dump truck
(Treatment Plant) at $11,994.55;
to Sail Chevrolet of Laguna Beach, for -ton pickup
truck (Treatment Plant) at $7,355.44;
to Sail Chevrolet for one -ton dump truck (Public
Works) at $11,691;
to Sail Chevrolet for ,-ton pickup truck (Public
Works) at $6,359.99.
CONSENT CALENDAR
It was moved by Councilman Hausdor£er and seconded by Councilman
Schwartze 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 April 2, 1980, Warrants Nos. 19102
through 19223, inclusive, in the total amount of $605,177.77,
was approved as submitted.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
MARCH 24, 1980
(23) The Report of Actions taken by the Equestrian Commission at the
meeting of March 24, 1980, was ordered received and filed.
3. AGREEMENT FOR RELOCATION AND RECONSTRUCTION OF IMPROVEMENTS,
ASSESSMENT DISTRICT 78-3 (CAPISTRANO ACRES MUTUAL WATER COMPANY)
(38) The agreement with the Capistrano Acres Mutual Water Company
(74) to relocate an irrigation line and construct a new well in
conjunction with improvements for Assessment District 78-3 was
approved and the Mayor and City Clerk authorized to execute
the document, as set forth in the report dated April 2, 1980,
from the Director of Public Works.
4. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT
PARRA ADOBE (D.W. CONTRACTING)
(38) Written Communications:
(23) Report dated April 2, 1980, from the Director of Public Works,
advising that work on the Parra Adobe has been completed. The
payment status is as follows:
Total project cost $42,148.00
Less 10% retention 4,214,80
Less previous progress payment 35,789.04
Amount Due $ 2,144.16
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 80-4-2-1, COMPLETION OF THE PARRA
ADOBE REHABILITATION - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR
THE REHABILITATION OF THE PARRA ADOBE
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The Resolution accepts the work and directs the City Clerk
to forward the Notice of Completion to the County Recorder
within 10 days; payment was authorized to D. W. Contracting
in the amount of $2,144.16; payment of the 10% retention was
authorized 35 days after recordation of the Notice of Completion.
5. RELEASE OF PUBLIC IMPROVEMENT BONDS -
SESSMENT DISTRICT 78-
(49) As set forth in the report dated April 2, 1980, from the Director
(68) of Public Works, the following bonds for public improvements,
(74) required for construction of public improvements should
Assessment District 78-1 fail, are to be released immediately
following the 30 -day collection period for Assessment District
78-1, which ends April 21st:
Labor and Material Bond No. 000416, in the amount
of $45,000, from Surety Insurance Company of
California, dated July 17, 1978;
Faithful Performance Bond No. 000416, in the amount
of $45,000, from Surety Insurance Company of
California, dated July 17, 1978.
6. RELEASE OF PUBLIC IMPROVEMENT BOND - ARCHITECTURAL
CONTROL 78-2, 32841 CAMINO CAPISTRANO (NAPOLI)
(38) As set forth in the report dated April 2, 1980, from the Director
of Public Works, the following surety for public improvements,
required for construction of public improvements should
Assessment District 78-1 fail, is to be released immediately
following the 30 -day collection period for Assessment District
78-1, which ends April 21st:
Letter dated September 12, 1979, from the Bank of
America, advising that funds in the amount of
$42,000 are held on deposit to insure faithful
performance of public improvements related to the
Capistrano Car Wash, 32841 Camino Capistrano.
7. MODIFICATION TO ADMINISTRATIVE PROCEDURES, ENGINEER'S
AGREEMENT (ASSESSMENT DISTRICTS 80-1 AND 80-2)
(38) Modification of the two engineering contracts with Willdan
and Associates of Anaheim, for Assessment Districts 80-1
and 80-2 to allow monthly payments for services, not to exceed
the previously approved lump sum compensation upon completion
of designated tasks, was approved.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS
OF MARCH 6, AND MARCH 20, 1980
(23) It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to receive and file the
Report of Actions taken by the Traffic and Transportation
Commission at the meeting of March 6 and March 20, 1980.
Councilman Thorpe requested that the Reports contain more
detail for clarification.
ACCEPTANCE OF PROPOSAL FOR SOILS INVESTIGATION SERVICES,
ASSESSMENT DISTRICT 80-2 (McCRACKEN HILL)
(38) It was moved by Councilman Thorpe, seconded by Councilman
(74) Hausdorfer and unanimously carried to approve the proposal
submitted by Leighton and Associates of Irvine, at a cost
not to exceed $8,451, for preparation of a soils investigation
report needed to insure that necessary soils stabilization
activities are included in the preliminary cost estimate; the
Mayor and City Clerk were authorized to execute the agreement
on behalf of the City, as set forth in the report dated
April 2, 1980, from the Director of Public Works.
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285
HOUSING AND COMMUNITY DEVELOPMENT ACT GRANT AND LOAN ACCOUNT -
REFUND OF INTEREST EARNED (LOS RIOS AREA)
(23) Written Communications:
(38) Report dated April 2, 1980, from the Director of Community
(89) Planning and Development advising that the City has been
notified by the Orange County Environmental Management Agency
that interest earned through October 31, 1979, on HCDA funds
are to be refunded to the Orange County EMA for reimbursement
to the United Stated Department of Housing and Urban Development.
The funds are on deposit in the Security Pacific Bank for
use in the Los Rios Home Improvement Program by low- and
moderate -income families.
Authorization for Refund:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to authorize refund of
$1,374.00, from the HCDA grant and loan account, to the
Orange County EMA for reimbursement to the United States
Department of Housing and Urban Development.
HOUSING AND COMMUNITY DEVELOPMENT ACT GRANT AND LOAN ACCOUNT -
AMENDMENT TO SECURITY PACIFIC BANK AGREEMENT
(23) Written Communications:
(38) Report dated April 2, 1980, from the Director of Community
(89) Planning and Development.
This item was withdrawn from the Agenda due to receipt of a
letter dated March 25, 1980, from Security Pacific National
Bank advising that the FHA Title I Program Annual Percentage
Rate has been raised to 17%.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. POLICY STATEMENT ON SLOPE DOWNDRAINS „
LAND USE MANAGEMENT CODE SECTION 4.1.12B.1
(55) Written Communications:
(69) Report dated April 2, 1980, from the Director of Community
Planning and Development forwarding a policy statement, as
recommended by the Planning Commission and staff, resulting
from the request of Richard E. Lownes of Pacific Soils
Engineering, Inc., that the requirements for pipe downdrains
be waived.
Approval of Policy Statement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the following
policy statement for inclusion into the Council Policy Manual:
"1. To discourage the use of pipe downdrains in
manufactured slopes.
2. Authorize the Planning Commission to waive
subsection 4.1.12B.1, Ordinance 293 (Land Use
Code) requirement for interior (pipe) downdrains
on manufactured slopes per the authority of
Article 4.8 of Ordinance No. 293, when the following
conditions are met:
(a) The open downdrain has a curvilinear alignment.
(b) The open downdrain is constructed of a material
having a natural appearance (typically large
rock, providing a cobblestone appearance)."
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2. INITIATION OF GENERAL PLAN AMENDMENT 80-2 AND
(46) Written Communications:
Report dated April 2, 1980, from the Director of Community
Planning and Development.
Approval of General Plan
It was moved by Councilm
Hausdorfer as follows:
To confirm the inclusion
Glendale Federal property
Amendment 80-2; and,
Amendments 80-1 and 80-2:
n Schwartze, seconded by Councilman
of the Falklam petition and the
for consideration in General Plan
•
To adopt the following Resolution finalizing approval of General
Plan Amendment 80-1 for the Van Roekel item only:
RESOLUTION NO. 80-4-2-2, GENERAL PLAN AMENDMENT 80-1
(VAN ROEKEL) - A RESOLUTION OF THE CITY COUNCIL OF TH
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
CITY'S GENERAL PLAN FOR 30.42 ACRES LOCATED ON THE
EAST SIDE OF INTERSTATE 5 BETWEEN MARGUERITE PARKWAY
AND VIA ESCOLAR
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, and
Mayor Friess
NOES: Councilmen Thorpe and Buchheim
ABSENT: None
3. CONDITIONS OF APPROVAL, TRACT 10564 (WINTON/WILLCOX)
(85) The Director of Community Planning and Development advised that
the applicant had requested that the item be withdrawn from
Council consideration.
DIRECTOR OF PUBLIC WORKS
1. AGREEMENT FOR ADMINISTRATION OF EMERGENCY REHABILITATION
FUND (SERRA)
(79) Written Communications:
Report dated April 2, 1980, from the Director of Public Works
forwarding a proposed agreement to allow temporary borrowing
of approximately One Million Dollars by SERRA for repairs
to the Treatment Plant, as a result of the water inundation
experienced on January 29, 1980. The agreement provides that
all funds received from insurance coverage, disaster relief,
and claims for damages would be committed.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve in concept the
draft agreement between SERRA and California First Bank for
temporary borrowing of funds to repair the J. B. Latham
Regional Wastewater Treatment Plant and to authorize the Mayor
and City Clerk to execute the final agreement copy upon
submittal to the City by the SERRA attorney; the anticipated
expenditure of $322,000 from the Sewer Enterprise Fund is
authorized.
2. STATUS REPORT - LOS CORRALES HOMEOWNERS
(85) Written Communications:
(1) Report dated April 2, 1980, from the Director of Public
Works setting forth the status of efforts to resolve
differences between the developer of Los Corrales Estates
and the 18 homeowners who had expressed dissatisfaction
with correction of minor repairs.
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(2) Letter dated March 31, 1980, from Tim Kruer of Corrales
Estates, 2643 Fourth Avenue, San Diego 92103, summarizing
procedures agreed upon at a meeting of March 24 attended
by representatives of the City, Corrales Estates, the
architect, testing engineers, and plastering subcontractor;
Robert T. Reeds, consultant with American Home Inspection;
and Mr. and Mrs. Ferruzzo, homeowners.
Tricia Herter, 31901 Via Montura, addressed the Council and
concurred with the staff report findings that the developer is
continuing to show diligence in efforts to correct any remaining
deficiencies and suggested staff follow-up on the matter.
Mrs. Herter provided a copy of the report compiled by American
Home Inspection, 26916 Pueblo Nuevo Drive, Mission Viejo 92691,
and requested Council review of the Report.
Tim Kruer, the developer, advised that 85-90 percent of the
items needing repair have been completed and noted that the
Home Owners Warranty program is in effect.
Mayor Friess suggested that if the matter isn't resolved it
should be scheduled on the May 7th Council Agenda for further
consideration.
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to direct staff to continue
monitoring the process for meeting homeowner needs in the Los
Corrales development.
3. REGIONAL SOLIDS TREATMENT CENTER - PROJECT COMMITTEE NO. 11
(SERRA)
(79) Written Communications:
Report dated April 2, 1980, from the Director of Public Works
describing SERRA Project Committee No. 11 (Regional Solids
Treatment Facility), which proposes improvements and expansion
of one of the solids processing facilities in San Clemente,
improvements and consolidation of the SERRA plans and the
Capistrano Beach plant, and establishment of a sludge composting
operation at the Prima Deshecha Sanitary Landfill.
With the concurrence of Council, Mayor Friess ordered the report
received and filed.
4. PURCHASE OF STREET SWEEPER
(75) Written Communications:
Report dated April 2, 1980, from the Director of Public
Works advising that the necessary information will be submitted
at a later date.
5. TRABUCO CREEK BANK STABILIZATION
(80) Written Communications:
Report dated April 2, 1980, from the Director of Public Works
in response to the request of Ron Hanson, owner of Sycamore
Trails Stables, for permission to stabilize the bank and
channelize the Trabuco Creek at the rear of his property
due to erosion problems.
Issuance of Grading Permit:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to authorize the issuance
of a Grading Permit for restoration of the ground lost during
recent storms, including rip -rap protection of the sewer line.
Waiver of Inspection Fee:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to waive fees incurred from
grading inspection.
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Evalution of Trabuco and Oso Creek Improvements:
Funding of a study to evaluate improvements to the Trabuco
and Oso Creek channels is to be considered during Capital
Projects budget review.
Mayor Friess noted that the entire Trabuco-Oso Creek areas
may require a General Plan Amendment; Councilman Thorpe noted
that the land uses of the area should be reviewed in order
to generate funds for flood control.
A field trip of the area is to be scheduled for City Council
Members, staff, and Assemblywoman Bergeson.
6. TRAFFIC SAFETY ALTERNATIVES (LA ZANJA/CAMINO CAPISTRANO)
(82) Written Communications:
Report dated April 2, 1980, from the Director of Public Works
regarding the feasibility of installing a traffic signal at
Camino Capistrano and La Zanja.
Traffic Signal Design:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to direct the Public Works
Department to begin design immediately for the installation
of a traffic signal at the intersection of Camino Capistrano
and La Zanja and to authorize an amendment to the 1979-80
budget in the amount of $50,000.00.
Crossing Guard Service:
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried to authorize the Mayor to
advise the Capistrano Unified School District that the City
would be willing to share the costs of crossing guard service
with the District until such time as the traffic signal is
installed.
7. TRACT 937
(23) Equestrian Trail Review:
(85) In response to Council, Tim Kruer, the developer, advised that
the trail fencing within Tract 9373 would be installed within
two weeks. Mr. Kruer noted that he would be willing to meet
with Council Members or the Equestrian Commission to review
the equestrian trail alignment and, due to meeting schedules,
there was a consensus of Council that a field trip be scheduled
with Members of the City Council, the developer and the
Director of Public Works.
8. APPROVAL OF PHASING SCHEDULE AND REQUEST FOR CERTIFICATES
OF USE AND OCCUPANCY, TRACT 7654 (PATRICK)
(25) Written Communications:
(85) Report dated April 2, 1980, from the Director of Public Works.
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to approve the phasing
schedule as submitted and to release the authority to staff
to issue Certificates of Use and Occupancy for Phases I
through V.
9. TRACT 9373 - REPLACEMENT OF TREES AT TRACT ENTRANCE
(74) Tim Kruer, developer of Tract 9373 requested authority to
(85) remove the dead eucalyptus trees at the entrance to the tract
and to plant one giant ficus and one coral tree as replacement.
Approval of Tree Removal and Replacement:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the removal of the
dead eucalyptus trees and to approve the planting of a giant
ficus tree and a coral tree at the tract entry as replacements.
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PLANNING COMMISSION
1. REPORT OF MEETING OF MARCH 25, 1980
(67) It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried that the Report of Actions taken
by the Planning Commission on March 25, 1980, be received and
filed. Councilman Thorpe noted that it is inappropriate for
the Commission to recommend legal action to the City Council.
CITY MANAGER
1. CITY COUNCIL POLICY MANUAL
(32) Council reviewed the policy statements dated February 6, 1980,
(69) commencing with recommended policies for all Commissions and
Boards and ending with Handicapped parking spaces in public
parking lots.
Approval of Policies:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the policy
statements as submitted, with the following exceptions:
1. Positions taken by City Commissions and Boards:
The statement is to be amended to indicate that all
letters representing City position or policy must emanate
from the City Council.
2. Appointment of Commission and Board Members:
The statement is to be amended at line 4 to read,
their knowledge of the subject matter and involvement
in . . ."
3. Mobile Home Park Review Board - Cost of Living Index:
This statement is to be held for consideration at a later
date.
COUNCIL REMARKS AND COMMITTEE REPORT
1. TRACT 6305 (THE HUNT CLUB)
(85) Councilman Hausdorfer requested that the March 14, 1980, letter
from the Hunt Club regarding Hillside Regulations be scheduled
for the Agenda in May.
2. TREE REMOVAL AT VIA ESTELITA
(74) Council concurred with Councilman Thorpe that Tree Inspector
hearings should be in the evenings rather than 10:00 A.M.,
possibly prior to Planning Commission meetings.
3. POLICY STATEMENT, PUBLIC HEARINGS
(69) A Policy Statement is to be prepared requiring that all
public hearings be held after 5:00 P.M. for the benefit of
the public.
4. LOS CORRALES DRAINAGE
(80) In response to Councilman Buchheim, the Director of Public
Works advised that the owners of property at the tract boundary
will receive letters from the Building Division regarding
drainage.
5. LEGISLATION
(51) Councilman Schwartze suggested
Mayor in support of Senate Bill
pornographic paraphernalia.
that a letter be sent from the
No. 1827 prohibiting sale of
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6. SAN JUAN CAPISTRANO FIESTA ASSOCIATION - SWALLOWS DAY PARADE
(61) Councilman Schwartze suggested that discussion be held with
the Fiesta Association regarding parade activities and,
suggested that a letter of appreciation be sent for Sheriff
services on March 22, 1980.
7. TRACT DEVELOPMENT
(85) Councilman Schwartze inquired if letters had been sent to
developers whose projects are commendable.
Councilman Thorpe suggested
construction should be resp
i.e., traffic, dirt movemen
B. STAFF REPORTS AND FINANCING
(41) Councilman Thorpe requested
reports specify the funding
that persons responsible for
:)nsible for construction problems;
t, drainage, cleanup.
that Council actions in staff
accounts for all projects.
9. JONES SAND AND GRAVEL OFFICE
(39) Councilman Thorpe inquired about the status of the Jones Sand
and Gravel operation with regard to licensing and taxes.
10. BIKETRAILS
(62) Councilman Thorpe requested that the bikeway from Village San
Juan to Capistrano Valley High be cleaned.
11. HEAD START PROGRAM ON CITY PROPERTY
(39) In response to Councilman Buchheim, the City Manager advised
that additional funds are required for the Head Start Program
in an approximate amount of $6,800-$7,800 for fire hydrants,
water lines, and fire proofing.
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried that the City indicate that
it has made as much of a commitment as feasible at this point;
and, if necessary, the program will have to find other sources
of funds.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:02 a.m., Thursday, April 3, 1980, to the next
meeting date of Tuesday, April 15, 1980, at 7:00 P.M., in the
City Council Chamber.
ATTEST:
KE NETH E. FRIESS, MAYOR
Respectfully submitted,
MARY P. N VER, CITY CLERK
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