80-0507_CC_Minutes_Regular Meeting312
MAY 7, 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 Hausdorfer at
7:00 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Robert
Schwenck, Community Presbyterian Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Phillip R. Schwartze, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, 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.
MINUTES
Adjourned Regular Meeting of April 15, 1980:
It was moved by Councilman Friess, seconded by Councilman Buchheim
that the Minutes of the Adjourned Regular Meeting of April 15,
1980, be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Friess, Schwartze, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Thorpe
ABSENT: None
Regular Meeting of April 16, 1980:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze that the Minutes of the Regular Meeting of April 16,
1980, be approved as submitted. The motion carried by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmen Friess, Schwartze, Buchheim,
and Mayor Hausdorfer
None
Councilman Thorpe
None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Thorpe, seconded by Councilman Buchheim
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
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PRESENTATIONS AND COMMENDATIONS
1. ACCEPTANCE OF RESIGNATION AND RESOLUTION OF COMMENDATION -
EQUESTRIAN COMMISSIONER SUSAN FOX
(23) Acceptance of Resignation and Resolution of Commendation:
(36) Mayor Hausdorfer read the Resolution in full commending Susan
Fox for her service to the community as a Member of the
Equestrian Subcommittee and as an original Member of the
Equestrian Commission from its inception on June 8, 1977,
to her resignation on April 10, 1980.
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 80-5-7-1, COMMENDING SUSAN C. FOX -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING SUSAN C. FOX
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
2. PROCLAMATION OF CITY CLERKS' WEEK - MAY 10-16, 1980
(31) Mayor Hausdorfer read the Proclamation in full and with the
(71) concurrence of Council declared the week of May 10-16, 1980,
as City Clerks' Week in recognition of the services to their
communities performed by City Clerks.
Mayor Hausdorfer expressed the Council's appreciation for the
efforts of the City Clerk and her Department.
3. PROCLAMATION OF PRESERVATION WEEK - MAY 11-17, 1980
(23) Mayor Hausdorfer read the Proclamation in full and with the
(71) concurrence of Council declared the week of May 11-17, 1980,
as Preservation Week in recognition of the usefulness of
rehabilitating older buildings.
WRITTEN COMMUNICATI
1. HILLSIDE REGULATIONS, TRACT 6305 (THE HUNT CLUB)
(55) Council received copies of a letter dated March 14, 1980, from
(85) Scott D. Sheridan, Capistrano Partners, 3212 Nebraska Avenue,
Santa Monica, 90404, developers of The Hunt Club, requesting
a hearing before the Council to resolve the question of
exemption from the Hillside Regulations. The Director of
Community Planning and Development clarified that the grading
for The Hunt Club was approved prior to adoption of the
Hillside Guidelines; the new Guidelines would be more
restrictive, particularly for architectural standards.
It was moved by Councilman Thorpe, and seconded by Councilman
Friess that the request be scheduled for the Agenda of
May 21 for a general policy decision; staff is to research
any other developments that would be affected by such policy
decision. The motion carried by the following vote:
AYES: Councilmen Friess, Thorpe, Buchheim
and Mayor Hausdorfer
NOES: Councilman Schwartze
ABSENT: None
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314
EMINENT DOMAIN HEARING
1. ACQUISITION OF EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY
AND DRAINAGE CONDITIONS (BEAR BRAND RANCH/RILEY)
(73) Proposal:
(80) Condemnation of private property located at the terminus of
(85) Paseo de la Paz to provide sanitary sewer service to the Bear
(91) Brand Ranch Tract 10593. The action is considered at the
request of the Bear Brand Ranch Company.
Applicant:
Bear Brand Ranch Company, 250 Newport Center Drive, M-100,
Newport Beach 92660.
Written Communications:
Report dated May 7, 1980, from the Director of Public Works,
forwarding a proposed Resolution ordering the condemnation.
Eminent Domain Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Hearing and the following persons responded:
(1) George Riley, 25581 Paseo de la Paz, the property
owner, advised that further negotiations with the
developer should resolve the amount of compensation
for the value of the easement.
(2) Walter Wood, 25801 Paseo de la Paz, submitted copies
of a report prepared by Christiansen and Associates,
on the hydrology of Bear Brand Ranch as it affects
properties on Paseo de la Paz and Cook Lane and the
Birtcher property. Mr. Wood stated that the improvement
plans indicate a 288 increase in water runoff to down-
stream properties. Mr. Wood requested that acquisition
of the easement be delayed and that City engineering
staff study the report.
Continuation of Hearing:
It was moved by Councilman Thorpe, seconded by Councilman Friess
and unanimously carried to continue the Hearing to the meeting
of May 21, 1980.
Drainage Conditions:
It was moved by Councilman Friess, seconded by Councilman Thorpe
and unanimously carried that preliminary discussion of the
drainage issues be scheduled for the meeting of June 4. The
date was subsequently amended to June 18.
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION DECISION, CONDITIONAL USE
PERMIT 79-5 (HOFFMAN STABLES)
(23) This public hearing was continued from the City Council meeting
(39) of February 20, 1980.
(68)
Written Communications:
Report dated May 7, 1980, from the Director of Community
Planning and Development, advising that all conditions of
approval have been met with the exception of Condition No. 2
requiring approval of development plans pursuant to Section
2.3.6 of the Land Use Management Code, and Condition No. 8
requiring installation of an equestrian fence along the San
Diego Gas and Electric easement. The report notes that the
development plans have been approved by the Architectural
Board of Review and the Planning Commission; that steps are
being taken to remove a barn located within a setback area and
the lease with the owner of the barn has been terminated. The
report further advises that the owner of the property is in
the process of negotiating with San Diego Gas and Electric
for an easement or lease in order to comply with Condition No. 8.
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Appellant:
John R. Parker, Attorney at Law, 1439 East Chapman, Orange,
92666, on behalf of Mrs. Walter Hoffman, the property owner.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and the following persons responded:
(1) Joseph Lancore, architect for Mrs. Hoffman, spoke in
support of the project and suggested release of 75%
of the improvement deposit held by the City.
There being no further response, the Hearing was closed.
Re -affirmation of Approval, Conditional Use Permit 79-5:
It was moved by Councilman Friess, seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 80-5-7-2. CONDITIONAL USE PERMIT
/7-D knur-l-1LHLN) - H ±-,noU1,U'1'1ULV Up - '1'rir, Cl -1:1 CUUlAUll,
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REAFFIRMING CONDITIONAL USE PERMIT 79-5 ESTABLISHING
A COMMERCIAL EQUESTRIAN STABLE (HOFFMAN)
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution approves Conditional Use Permit 79-5 subject
to conditions listed in the City Council's actions to date,
as well as a condition that Condition Numbers 2 and 8 of
City Council Resolution No. 79-6-6-2 be completed and accepted
by the Director of Community Planning and Development Department
prior to the issuance of a final Certificate of Use and
Occupancy.
Partial Release of Deposit:
It was moved by Councilman Friess, seconded by Councilman
Thorpe and unanimously carried to authorize staff to release
$4,000 of the $8,000 improvement surety posted by the applicant.
2. TENTATIVE PARCEL MAP 80-851, PRECISE ALIGNMENT FOR
RANCHO VIEJO ROAD (CROW RANCH)
(85) Proposal:
DR 151 on of one 326 -acre Planned Community parcel into three
parcels as follows: Parcel 1, 284 acres; Parcel 2, 29 acres;
and, Parcel 3, 13 acres, for property located east of the
I-5 freeway and north of Ortega Highway formerly known as
the Honeyman Ranch. Approval of the map is necessary prior
to submittal of research and office development plans for
Parcels 2 and 3. The proposal includes a 104 -foot right-of-way
dedication of Rancho Viejo Road from its present terminus at
Endevco to Ortega Highway; and, removal of citrus trees in
the valley floor and within the future Rancho Viejo Road
right-of-way, as well as 18 non -citrus trees near Horno Creek.
The Planning Commission has recommended that the design and
improvement of the intersections of Rancho Viejo Road with
Avenida Los Cerritos and Ganado Road be studied further;
that no building permits be issued until the designs of the
intersection are approved and the improvements constructed.
Applicant:
Crow -San Juan Ranch, c/o Trammell -Crow Company, 17992 Fitch,
Irvine, 92714.
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Written Communications:
(1) Report dated May 7, 1980, from the Director of Community
Planning and Development including a precise plan for
Rancho Viejo Road and pictures of the alignment;
supplemental traffic and archaeology information,
and the tentative parcel map.
(2) Letter dated May 7, 1980, from Raymond Belardes, Box 1382,
Spokesman for the Juaneno Band of Mission Indians.
Mayor Hausdorfer advised that the applicant had requested
that the matter be held over for consideration of approval
of the entire parcel map.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and the following persons responded:
(1) Clifton Chang, partner of Crow -Ranch, 17992 Fitch,
Irvine, spoke in favor of a continuance of the Hearing.
(2) Marie Patterson, representing the Juaneno Band of
Mission Indians, requested that an archaeological
survey be conducted prior to grading, since there are
indications the property may contain a burial site,
kiln, and cemetery; the Band provides consulting services
and requests inclusion in EIR preparation.
The following persons spoke in opposition to the proposed road
alignment:
(1) Richard Kramer, 31352 Avenida los Cerritos;
(2) Bill Webb, 31422 Galano Way;
(3) John Pollack, 31332 Avenida los Cerritos;
(4) Frank DelColle, 31462 Ganado Road;
(5) Connie Christianson, on behalf of her parents living
on Woods Lane;
(6) Eloise Ryan, 31311 Los Cerritos;
(7) Earl Mannix, 31441 Ganado Road.
Continuance of Public Hearing:
With the concurrence of Council, Mayor Hausdorfer ordered the
Hearing continued to June 18, 1980, the staff reports to
include alternatives for both Ganado Road and Avenida Los
Cerritos. Council also requested copies of the original
tract map for San Juan Park with the circulation element and
the map showing the original alignment of La Novia Avenue.
3. TENTATIVE PARCEL MAP 80-852 (SANDERSON)
(85) Proposal:
Division of a 3 -acre parcel into three lots of .90 acres,
.90 acres and 1.2 acres, for property located at the current
terminus of Avenida Evita and south of the proposed extension
of Via Estelita.
Applicant:
Rowe Sanderson, 32092 Via Alicia, San Juan Capistrano. The
property owner is Dr. Steven Rudy, 24175 Paseo del Campo,
Laguna Niguel 92677.
Written Communications:
(1) Report dated May 7, 1980, from the Director of Community
Planning and Development.
(2) Letter dated May 6, 1980, from Steven Rudy, requesting
an extension of the time limit set pursuant to the
State Subdivision Map Act and requesting the item be
held to the Council meeting of June 4, 1980.
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31'7
Public Hearing:
Notice having been given as
opened the Public and, there
Hearing continued to June 4,
ORDINANCES
required by law, Mayor Hausdorfer
being no response, ordered the
1980.
ADOPTION OF ORDINANCE NO. 406, DECLARING INTENT
TO FORM LANDSCAPE MAINTENANCE DISTRICT, TRACT 7654
(55) Written Communications:
(74) Report dated May 7, 1980, from the City Clerk, advising that
(85) the ordinance was introduced on April 16th and is scheduled
for adoption.
Adoption of Ordinance:
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 Thorpe
and seconded by Councilman Buchheim that the following
Ordinance be adopted:
ORDINANCE NO. 406, DECLARING INTENT TO FORM
LANDSCAPE MAINTENANCE DISTRICT - TRACT 7654 -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING INTENT TO FORM AN OPEN SPACE
MAINTENANCE DISTRICT FOR TRACT 7654
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
2. REGULATION OF PARKING OF OVERSIZED VEHICLES
(64) Written Communications:
Report dated May 7, 1980, from the Director of Public Works
requesting that due to time constraints, the item be held
over for review at the May 21st Council meeting; that the
Traffic Commission, City Attorney and Sheriff's Department
are studying the matter in terms of the 72 -hour parking
restriction.
With the concurrence of Council, Mayor Hausdorfer directed
that the item be held over for Council review at the May 21,
1980, City Council meeting.
RESOLUTIONS
AWARD OF CONSTRUCTION CONTRACT -
SESSMENT DISTRICT 78-3 (ORTEGA PROPERTIES
(38) Written Communications:
Report dated May 7, 1980, from the Director of Public Works
advising that action to award the construction contract was
held until the end of the bond collection period for the
assessment district and forwarding a resolution authorizing
award of the contract to Clarke Contracting Corporation of
Compton.
Adoption of Resolution:
It was moved by Councilman Thorpe and seconded by Councilman
Schwartze that the following Resolution be adopted:
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RESOLUTION NO. 80-5-7-3, CONTRACT AWARD - ASSESSMENT
DISTRICT NO. 78-3 - 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 Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution awards the contract to Clarke Contracting
Corporation of Compton in the amount of $3,664.768.30.
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT FOR EQUESTRIAN ACCESS, PEPPERTREE BEND,
TRACT 10593 (BEAR BRAND RANCH)
(23) Written Communications:
(38) Report dated May 7, 1980, from the Director of Public Works,
(85) forwarding the proposed agreement to provide the City access
rights to the private equestrian trail in Tract 10593 located
in Lots A, B, and C.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to approve the agreement between
the City and the Bear Brand Ranch Company for access rights
to the private equestrian trail in Tract 10593. The Mayor
and City Clerk were authorized to execute the agreement on
behalf of the City.
?. AGREEMENT FOR SEWER RECONSTRUCTION, TRACT 9686, DEL
OBISPO STREET, DANA POINT (AMERICAN SAVINGS & LOAN)
(38) Proposal:
(80) Approval of an agreement to provide for reconstruction to a
(85) larger internal diameter of a City sanitary sewerline in
conjunction with development which will raise the elevation
above the 100 -year flood level of property located north of
the treatment plant, south of the proposed Stonehill Drive
and between San Juan Creek and Del Obispo Street. The City
has budgeted $180,000 for the project; the developer is to
finance design of the sewer estimated at $10,800 and
construction costs resulting specifically from the increased
depth of fill over the sewer.
Written Communications:
Report dated May 7, 1980, from the Director of Public Works,
forwarding the proposed agreement.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that the Agreement between
the City and American Savings and Loan for reconstruction
of the sanitary sewer in Tract 9686 be approved. The Mayor
and City Clerk were authorized to execute the document on
behalf of the City.
3. INTENT
- LICENSING AND REGULATION OF
COUNTY
(38) Written Communications:
(56) Report dated May 7, 1980, from David DeBeauvais, Administrative
(70) Assistant, advising that the agreement with the County for
Ambulance and Convalescent Transport Services is renewable
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319
on a yearly basis and that the County must be informed of the
City's intent to renew the agreement no later than May 8th of
this year for the period September 5, 1980 to September 5, 1981.
Notification of Intent to Renew:
It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried to direct staff to notify
the County that the City intends to renew its agreement for
ambulance and convalescent transport licensing and regulation
services for the period September 5, 1980, through September 5,
1981.
4. AWARD OF CONTRACT - CALLE ASPERO WIDENING (T.J. CROSBY COMPANY
(38) Written Communications:
(83) Report dated May 7, 1980, from the Director of Public Works
advising that bids were received on April 29, 1980, for
widening of Calle Aspero. Through an agreement with the
Bear Brand Ranch Company, the City will pay $25,000, which
is budgeted in the 1979-80 budget, and the Bear Brand Ranch
Company will pay the balance of the construction cost.
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to award the contract for
Calle Aspero Street Improvements to T. J. Crosby Company of
Santa Ana at $58,998.30, and to reject all other bids. The
Mayor and City Clerk were authorized to execute the agreement
on behalf of the City.
CONSENT CALENDAR
It was moved by Councilman Thorpe and seconded by Councilman
that the staff recommendations be accepted for the following
items listed on the Consent Calendar. The motion carried by
following vote:
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
Buchheim
the
(41) The List of Demands dated May 7, 1980, Warrants Nos. 19430 through
19612, inclusive, in the total amount of $1,287,470.70, was
approved as submitted.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the 9 -month period ending March 31, 1980, was approved
as submitted.
3. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
APRIL 14, AND 28, 1980
(23) The Report of Actions taken by the Equestrian Commission at
the meetings of April 14 and 28, 1980, was ordered received and
filed.
4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS
OF APRIL 3 AND 17, 1980
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meetings of April 3 and 17, 1980, was
ordered received and filed.
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5. CLAIM FOR DAMAGES TO BURIED CABLE, CAMINO CAPISTRANO
AND MIGUELITO ROAD (PACIFIC TELEPHONE)
(35) The Claim filed on April 7, 1980, by R. M. Hinshaw, Pacific
Telephone Company, for alleged damage to an underground
cable owned by Pacific Telephone Company occurring on
March 27, 1980, at Camino Capistrano and Miguelito Road,
was denied and referred to the City's Claims Adjuster, Carl
Warren and Company, as set forth in the report dated May 7,
1980, from the City Clerk.
6. CLAIM FOR PERSONAL INJURIES (LEONARD
(35) The Claim filed on April 9, 1980, on behalf of Patricia Leonard
for alleged personal injuries sustained on January 9, 1980,
when the Claimant's car was caught in the floodwaters of Oso
Creek, was denied and referred to the City's Claims Adjuster,
Carl Warren and Company, as set forth in the report dated
May 7, 1980, from the City Clerk.
7. CLAIM FOR DAMAGES FOR WRONGFUL DEATH
(35) The Claim filed on April 14, 1980, on behalf of Betty C.
Mullen, et al, for an alleged wrongful death occurring
January 9, 1980, when the decedent's car was caught in the
floodwaters of Oso Creek, was denied and referred to the
City's Claims Adjuster, Carl Warren and Company, as set forth
in the report dated May 7, 1980, from the City Clerk.
8. CLAIM FOR DAMAGES TO AUTO (MELVILLE)
(35) The Claim filed on April 1, 1980, by Barbara Melville for
alleged damage occurring on March 25th when a City street
sweeper caused a rock to hit her windshield, was denied and
referred to the City's Claims Adjuster, Carl Warren and Company,
as set forth in the report dated May 7, 1980, from the City
Clerk.
9. ACCEPTANCE OF
0
(73) The easement granted by Alpha Beta to allow the City to
(80) maintain the sanitary sewer line across Parcel Map 79-851
(85) was accepted and the City Clerk directed to record the deed
at the Office of the Orange County Recorder.
10. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT
HOT SPRINGS DANCE HALL SITE IMPROVEMENTS (SULLY -MILLER)
(23) Written Communications:
(38) Report dated May 7, 1980, from the Director of Public Works
(62) advising that the improvements for the Hot Springs Dance Hall
have been completed by Sully -Miller Company. The payment
status is as follows:
Total Project Cost $34,152.75
Less 10% Retention 3,415.28
Amount Due $30,737.47
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 80-5-7-4, COMPLETION OF DANCE HALL
SITE IMPROVEMENT - 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 CONSTRUCTION OF THE SAN JUAN HOT SPRINGS DANCE HALL
SITE IMPROVEMENTS
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11. APPEAL OF PLANNING
DECISION - ZONE VARIANCE 80-5
(92) A Public Hearing was set for May 21, 1980, on the appeal
(68) submitted by Edwin D. Cooper in conjunction with a denial
of a request for construction of a garage, as set forth in
the report dated May 7, 1980, from the City Clerk.
12. APPEAL OF PLANNING COMMISSION DECISION - CONDITION NO. 8,
CONDITIONAL USE PERMIT 80-2 (MISSION TRAILS CORRAL)
(23) A Public Hearing was set for May 21, 1980, on the appeal
(38) submitted by the operators of the Mission Trails Corral in
(39) conjunction with a condition prohibiting permanent tree
(68) planting, improvements and dedication on the stable property,
as set forth in the report dated May 7, 1980, from the City
Clerk.
13. RELEASE OF F
F
(49) Improvements have been completed and accepted by the Building
(68) and Safety Division at 32861 Camino Capistrano and in conjunction
therewith the following is released:
Faithful Performance Bond No. 000421, dated July 18,
1978, in the amount of $25,000, from Surety Insurance
Company of California
14. INITIATION OF LAND USE CODE AMENDMENT - CHURCHES PERMITTED
IN VARIOUS ZONES SUBJECT TO CONDITIONAL USE PERMIT
(39) Pursuant to a request by the Victory Baptist Church to lease
(55) commercial property located at 32861 Camino Capistrano for
regular Sunday services and weekday offices, a Land Use Code
amendment was initiated to consider zones in addition to the
IP (Public/Institution) district which would allow church use
subject to a conditional use permit.
APPROVAL OF CHANGE ORDER FOR INCREASE IN ASPHALT COSTS
(38) It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried that due to rapidly increasing
costs for asphalt concrete, a cost increase be granted to
Sully -Miller Contracting Company and Griffith Company; and,
pending the outcome of discussions between Orange County
Arterial Highway Financing Program staff and the two contractors,
the City Engineer was directed to prepare a change order
indicating the amounts of cost increases for final Council
approval and to ascertain whether the County will participate
in cost increases. -
APPROVAL OF EXCHANGE OF FINANCIAL SURETIES, TRACT 6381 (FREDRICKS
(38) Written Communications:
(49) Report dated May 7, 1980, from the Director of Public Works
(85) advising that the mass grading for Tract 6381 has been completed
and conceptually approved by the Building and Safety Division;
the remaining work is limited to landscaping and corrective
grading necessary due to winter rains. The estimated cost
for the remaining work is $101,114.00, and the developer has
requested that the original grading bond in the amount of
$739,160 be released and a new surety in the amount of
$101,114 be accepted.
Acceptance/Release of Gramdianng Surety
It was moved by CouncilFriess, seconded by Councilman
Schwartze and unanimously carried that staff be authorized to
accept a new grading surety from the Fredricks Development
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5/7/80
322
Company in the amount of $101,114 and to release the following:
Grading Permit Surety Bond No. 7116904, dated
June 19, 1978, from the Fireman's Fund Insurance
Company.
The Equestrian Commission Chairman had advised that the trail
needs corrective grading due to rain damage.
ADMINISTRATIVE ITEMS
CITY CLERK
1. INCORPORATION SUMMARY AND ELECTIONS PROFILE
(31) Written Communications:
(40) Report dated May 7, 1980, from the City Clerk forwarding a
(36) booklet summarizing the actions which led to the incorporation
of the City on April 19, 1961, and providing details of City
elections from April 11, 1961, through April 8, 1980.
With the concurrence of Council, Mayor Hausdorfer ordered the
report received and filed and commended the City Clerk and
staff for compiling the information.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. HOUSING AND COMMUNITY DEVELOPMENT AGREEMENT -
RESTORATION OF MONTANEZ ADOBE
(23) Written Communications:
(38) Report dated May 7, 1980, from the Director of Community
(89) Planning and Development forwarding a proposed Agreement
with the County of Orange for restoration of the Montanez
Adobe. The Agreement provides for transfer of $15,000 to
the City; the City will provide all administrative, engineering,
and planning services.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement
between the City and the County of Orange and to authorize
the Mayor and City Clerk to execute the Agreement on behalf
of the City.
2. POSTING OF PUBLIC HEARING NOTICES
(20) Written Communications:
(68) Report dated May 7, 1980, from the Director of Community
(69) Planning and Development regarding the posting of public
hearing notices.
Councilman Schwartze requested that public hearing notices be
posted at the properties under consideration, in addition to
legal advertising and mail notification. Councilman Thorpe
suggested that a bordered box notice also be placed on the front
page of newspapers and that staff provide more positive ways
for advising interested parties of public hearings. Mr.
Thorpe suggested the following policy statement:
"It is the policy of the City of San Juan Capistrano
that the utmost effort will be made to advise the public
or upcoming public hearings."
Posting of Properties:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried that notices of public hearings
before the Planning Commission and City Council shall be posted
on the properties in question in a staking fashion.
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Publication Cost Summary:
Councilman Friess requested receipt of a cost comparison between
legal advertising and ad space in local newspapers; and,
with the concurrence of Council, Mayor Hausdor£er directed
that the City Clerk provide a report.
DIRECTOR OF PUBLIC WORKS
1. PURCHASE OF STREET SWEEPER -
APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS
(74) Written Communications:
(75) Report dated May 7, 1980, from the Director of Public Works
regarding the City street sweeping program and providing
projected costs for the service.
Approval of Specifications and Call for Bids:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to approve the specifications
for purchase of a street sweeping unit and to authorize
staff to call for bids.
2. STATUS REPORT - DRAINAGE CONDITIONS,
TRACT 8460 (CAPTAIN'S HILL)
(80) Written Communications:
(85) Report dated May 7, 1980, from the Director of Public Works
regarding the drainage system at the Captain's Hill development.
Larry Speillman, 25701 Windjammer, cited concerns with lack
of fencing at the silting basin, stated that damage had been
done to the street, curb and gutter, and irrigation system by
equipment utilized during rainstorms, and requested immediate
action to improve the situation.
There was a concurrence of Council that the report be received
and filed; the Director of Public Works will investigate the
damage and fencing situation. Corrections to the inlet at
Spinnaker Drive will be included for consideration in budget
discussions; drainage problems at Del Obispo Street will be
considered with proposed major street repair projects.
Councilman Thorpe requested that the proposed repairs and any
items requiring improvement before the next rainy season be
considered early in the budget process.
3. DRAINAGE AND EROSION REPORT - FORSTER CANYON DISPOSAL SITE
(45) Written Communications:
(80) Report dated May 7, 1980, from the Director of Public Works
advising that a report had been prepared for the County of
Orange on rainstorm protection measures for the Forster
Canyon Disposal Site, pursuant to State law.
Proposed improvements to be accomplished by the County consist
of installation of a 48" storm drain and grading for erosion
control at an estimated cost of $525,000.
Acceptanceof Report:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to acknowledge receipt of
the "Drainage and Erosion Investigation, Forster Canyon
Refuse Station 17, Orange County GSA." The May 7 staff
report was ordered received and filed.
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COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
REPORT OF ACTIONS OF APRIL 22, 1980/
APPEAL OF ZONE VARIANCE 79-23 (DUNIVIN)
(67) Written Communications:
(95) Report dated May 7, 1980, from the Director of Community
Planning and Development setting forth the actions taken
by the Commission on April 22, 1980.
Appeal of Zone Variance 79-23 (Dunivin):
It was moved by Councilman Friess, seconded by Councilman
Buchheim to appeal the action of the Planning Commission in
approving Zone Variance 79-23 (Dunivin), a request for a
variance to permit a temporary office/caretaker's structure
outside of the Floodway Overlay District, for a one-year
period of time; the Commission is to consider whether the
use should be subject to annual review rather than annual
renewal. The motion carried by the following vote:
AYES: Councilman Friess, Buchheim and Mayor
Hausdorfer
NOES: Councilmen Schwartze and Thorpe
ABSENT: None
COUNCIL REMARKS
MISSION TRAILS CORRAL - LANDSCAPING
(23) Appeal of Planning Commission Decision:
(39) Councilman Friess noted that Council approval of the concept
(68) of leasing City property for the stable operation included
provision for buffer landscaping; a Planning Commission
prohibition on landscape installation has been appealed by
the owners of the stable. The Director of Community Planning
and Development advised that he will discuss the matter with
the operators.
Use of Equestrian Commission Funds:
There was a consensus of Council that purchase and installation
of landscaping materials for the two stables located on City
property is the obligation of the stable operators.
COUNCIL ACTIONS
1. APPOINTMENT TO THE EQUESTRIAN COMMISSION (HANNA)
(23) written Communications:
Report dated May 7, 1980, from the City Manager's Administrative
Assistant forwarding applications received for appointment to
fill the existing vacancy on the Equestrian Commission.
Appointment:
Rocky Aguillar, Jill Hanna, and Thalia Cutler were nominated;
and, following discussion, a unanimous vote was cast for the
appointment of Jill Hanna, 30161 Branding Iron Road, to fill
the vacancy created by the resignation of Susan Fox.
COUNCIL REMARKS
COMMISSION CHAIRMEN/STAFF MEETINGS
(23) Mayor Hausdorfer requested that Council consider a proposed
(69) policy that Commission Chairmen meet with appropriate staff
three days prior to each Commission meeting.
Mayor Hausdorfer left the meeting at 9:40 p.m.
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2. DIRT HAULING ON CITY STREETS
(CAPISTRANO VILLAS HOMEOWNERS ASSOCIATION NO. 3)
(83) Councilman Buchheim requested that staff provide a report on
(72) the letter received from the Capistrano Villas Homeowners
Association regarding the condition of City streets caused
by dirt hauling operations.
3. TREE TRIMMING - HOME FEDERAL DEVELOPMENT
(74) Councilman Thorpe suggested removal of a eucalyptus tree branch
(68) which is impeding the growth of the pine tree at the Home
Federal property on Camino Capistrano at Del Obispo Street.
4. PAPER RECYCLING
(45) Councilman Thorpe suggested that Council packet materials
(69) be collected for recycling purposes.
5. TREE TRIMMING - DEL OBISPO STREET SYCAMORE
(74) Councilman Friess suggested that the dead branches be removed
at the top of the California Sycamore tree at Del Obispo Street
and the railroad tracks.
6. BUILDING AT INDUSTRIAL PARK
(68) Councilman Friess requested that staff provide a report on the
(85) approval process for the 2 -story building recently constructed
at the Industrial Park.
7. EILER RECREATIONAL VEHICLE STORAGE YARD - LANDSCAPING
(39) Councilman Friess requested that staff investigate the condition
of the landscaping at the Eiler RV Storage Yard, LUP 72-121.
8. BILLBOARDS
(25) Councilman Friess requested a report on the status of billboard
removals due to recent Court decisions.
9. ECONOMIC PROFILE
(68) Councilman Schwartze requested that a set of assumptions be
run by Ultrasystems in conjunction with the City budget both
before and after the June 3 primary election.
10. TO DO LIST
(32) Councilman Schwartze requested that a proposed meeting with
members of the Fiesta Association for discussion of Swallows
Day Parade activities be added to the "To Do List."
RECESS AND RECONVENE
The Council recessed to Executive Session at 10:00 p.m., the City
Clerk being excused therefrom, and reconvened at 10:52 p.m.
PERSONNEL - ADMINISTRATIVE SERVICES DEPARTMENT
(41) It was moved by Councilman Thorpe, seconded by Councilman
(66) Buchheim and unanimously carried with Mayor Hausdorfer absent,
that the following personnel changes be approved for the
Administrative Services Department, resulting in a net gain
to the City of $5,000:
The part-time Clerk Typist position is eliminated;
A full-time Clerk Typist position is authorized;
The Administrative Services Officer position is
eliminated;
An Administrative Aide II position is authorized.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:55, to the next regular meeting date of
Wednesday, May 21, 1980, at 7:00 P.M., in the City Council
Chamber.
Respectfully submitted,
MARY ANN NOVER, CITY CLERK
ATTEST:
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