80-0618_CC_Minutes_Regular Meeting362
JUNE 18, 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
7:05 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Homer
Waisner, Jr., Ocean Hills Community 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: 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; Loretta Zimmerman, Assistant to the City Manager;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of June 4, 1980:
It was moved by Councilman Thorpe, seconded by Councilman Buchheim
that the Minutes of the Regular Meeting of June 4, 1980, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
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 Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. PUEBLO SERRA PLANNED COMMUNITY
(68) Richard Gross, 30685 Calle Chueca, President, Casitas
Capistrano Homeowners Association No. 2, requested notification
of any public meetings to be held on the Pueblo Serra project
adjacent to the Casitas development and requested an opportunity
to be involved in any decision-making with regard to archi-
tectural design.
Council directed that the City Clerk and Director of Community
Planning and Development provide such notice to Mr. Gross.
2. TRUCK WEIGHT LIMITS, TRABUCO CREEK ROAD
(55) Malcolm Driggs, on behalf of Livingston -Graham, stated that
(87) the proposed adoption of an ordinance limiting truck weights
-1- 6/18/80
to six tons is premature and that the use of Avery Parkway
should be cleared with the County prior to such action.
Mr. Driggs cited proposed alternatives to the use of
Trabuco Creek Road and noted that the area beyond the
operations site is planned for a condominium development,
that Trabuco Creek Road could be closed if Rosenbaum Road
were open with a sound barrier constructed and right-of-way
and yield signs installed for noise reduction.
Mel Rosenbaum, 29742 Rosenbaum Road, noted that if the plant
were not in operation, Trabuco Canyon would be opened for
possible development, which would cause increases in traffic
and accidents.
PUBLIC HEARINGS
1. RANCHO VIEJO ROAD PRECISE ALIGNMENT/CROW-RANCH
(83) Proposal:
(85) Determination of the precise alignment of Rancho Viejo Road
at its intersections with Avenida Los Cerritos, Ganado Road,
and Ortega Highway in conjunction with the Crow -Ranch
development.
Written Communications:
(1) Report dated June 18, 1980, from the Director of
Public Works setting forth twelve alternative
alignments for Rancho Viejo Road to be constructed
in conjunction with the development of The Ranch.
(2) Letter dated June 13, 1980, from Town Hall Association,
Teresa Heckscher, President, citing concerns of area
residents and requesting that approval of road alignments
be deferred pending further study and public discussion.
Councilman Friess suggested an amendment to Alternate No. 3
to curve Ganado Road northward at its intersection with Rancho
Viejo Road to provide sufficient room for a left turn.
Public Hearing:
Notice having been given, Mayor Hausdorfer opened the Public
Hearing and the following persons responded:
(1) Clifton Chang, 17991 Fitch, Irvine, representing
Crow -Ranch, reviewed the alternative alignments
presented, urged that the matter be resolved, and
supported the Alternate No. 3 alignment.
(2) Kent Dahlke, 28342 Via Ordaz, an owner of property at
the northeast corner of Ortega Highway and Ganado Road,
supported Alternate No. 3 and stated opposition to
Alternates 8 and 9, which would divide his property.
(3) Michael Morgan, 11314 Ganado Road, presented two ^t
petitions, one signed by approximately 64 residents, to
request the deletion of Rancho Viejo Road from the
General Plan; the second petition signed by approximately
45 residents of Ganado and Galano Roads opposes Alternate
No. 1 which requires a "U" turn for access to Ortega
Highway.
(4) Robert Honeyman, Honeyman Ranch, spoke in favor of
Alternate No. 3 with the exception of the private
road joining Woods Lane and urged the installation
of a traffic light at the intersection of Avenida
Los Cerritos and Rancho Viejo Road.
(5) Lael Morgan, 31472 Ganado Road, noted access through
the Honeyman property, estimated amounts of traffic
on Rancho Viejo Road, and clarified that the petitions
refer to the four alternatives presented to the homeowners.
-2- 6/18/80
364
There being no further response, Mayor Hausdorfer declared
the Hearing closed.
At Mayor Hausdorfer's request, Mr. Dahlke described the
office building complex as proposed.
It was moved by Councilman Friess, seconded by Councilman
Schwartze to accept Alternate No. 3 of the twelve alternates
presented, with the modification that a left turn out of
Ganado Road onto Rancho Viejo Road near Ortega Highway be
permitted and engineered so that there is an opening in the
median strip at that point; and, further, that during
engineering of the Dahlke property, a road access be engineered
that will accomplish something equivalent to Alternate No. 9
to provide direct access to Ortega Highway; further, if in
the interim and through the studies it is determined that a
safe access would not be created, Rancho Viejo Road is to be
barricaded until a road at the northern end is accomplished.
The motion was subsequently amended to remove the portion
dealing with a barricade of Rancho Viejo Road, and carried
by the following vote:
AYES: Councilmen Friess, Thorpe, and Mayor Hausdorfer
NOES: Councilmen Buchheim and Schwartze
ABSENT: None
Councilman Thorpe noted that engineering of the alignment
should be expedited before the office complex proceeds
farther into the process.
2. TENTATIVE PARCEL MAP 80-851 (CROW -RANCH)
(85) This item was continued from the meeting of May 7, 1980.
Councilman Buchheim left the Council Chamber due to a
possible conflict of interest.
Applicant:
Crow -Ranch, 17991 Fitch, Irvine 92714.
Written Communications:
Report dated June 18, 1980, from the Director of Community
Planning and Development.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and the following persons responded:
(1) Clifton Chang, representing the applicant, addressed
Condition 2 of the proposed Resolution of approval and
suggested that bonding for improvements to Rancho
Viejo Road should be sufficient rather than actual
construction. Mr. Chang indicated support for the
concept of the Alternate 9 access from Ganado Road to
Ortega Highway, but noted concerns with acquisition of
right-of-way through the Dahlke property.
There being no further response, the Hearing was closed.
Approval of Tentative Parcel Map 80-851:
It was moved by Councilman Friess and seconded by Councilman
Schwartze that the following Resolution be adopted as amended:
RESOLUTION NO. 80-6-18-1, TENTATIVE PARCEL MAP 80-851
(CROW -SAN JUAN RANCH) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 80-851
-3- 6/18/80
365
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Thorpe,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
The amendments include the following:
Condition 1 shall read: Rancho Viejo Road shall be
dedicated to the City, in accordance with the adopted
precise alignment, from its present terminus at
Endevco to the Ortega Highway; _
Condition 2 shall read: An improvement agreement for
Rancho Viejo Road shall be prepared to the mutual
satisfaction of the City Engineer and the applicant
and executed by the applicant. The agreement shall
provide for the future improvement of Rancho Viejo
Road from Endevco to Ortega Highway prior to the
issuance of building permits for any non-agricultural
building within the Ranch Planned Community. The road
improvements shall consist of street section, bikeway,
raised median near intersections and where otherwise
required by the City Engineer, parkway, street trees,
and other landscaping, street lights, utilities,
fire hydrants, acoustic wall buffering, and other
street improvements determined necessary by the City.
Said improvements shall also include provision for an
intersection of Ganado Road with the new Rancho Viejo
Road extension or with Ortega Highway, including any
necessary re -alignment and/or reconstruction of
Ganado Road.
Councilman Buchheim then resumed his duties.
3. APPROVAL OF TENTATIVE TRACT 11086 (CADILLAC/FAIRVIEW)
(85) Proposal:
Approval of the Tentative Tract Map and Composite Development
Plans for a 78 -lot subdivision including building elevations,
site plan, grading plan, and landscape plan, located at the
intersection of Camino del Avion and Alipaz Street.
Applicant:
Cadillac Fairview Homes West, 500 Newport Center Drive,
Suite 815, Newport Beach 92660.
Written Communications:
(1) Report dated June 18, 1980, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning
Commission on May 27th.
(2) Letter dated June 18, 1980, from Edward D. Selich,
Project Director, requesting modification to the
requirement for construction of Alipaz Street.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and the following persons responded:
(1) Edward Selich, representing the developer, requested
that the building designs retain the flat roof portions
of the elevations (the Planning Commission has
recommended that units two and three have full -pitched
roof treatments); that modifications be made to
-4- 6/18/80
366
conditions of approval due to the necessary lowering
of a high transmission gas line; that partial relief
be granted from the requirement for improvements to
Alipaz Street. All other conditions of approval would
be met.
Approval of Tentative Tract 11086:
It was moved by Councilman Friess, seconded by Councilman
Thorpe and unanimously carried to approve the staff recom-
mendations, with the notation that the developer always has
the right to submit a request for modifications to Condition 5:
A. Adopt the following Resolution:
RESOLUTION NO. 80-6-18-2, TENTATIVE TRACT 11086
LAll1LLAL/Y'A1KVIZW) - A
OF THE CITY OF SAN JUAN
CONDITIONALLY APPROVING
CAPISTRANO, CALIFORNIA,
TENTATIVE TRACT 11086
IL
B. Approve the composite development plans for Tentative
Tract 11086 subject to the following conditions:
(1) Architectural details shall be added to the
zero -lot -line units; said changes to be approved
by the Director of Community Planning and
Development.
(2) Units two and three shall have full pitched roofs.
(3) Final working drawings, consisting of building
elevations, site plan, and landscape plan, shall
be approved by the Director of Community Planning
and Development.
(4) The Environmental Review Board shall review the
final grading plan to insure that the pad elevations
are substantially the same as those shown on the
preliminary grading plan submitted as part of the
subject composite development plans. If the Board
finds that there are substantial deviations from
those pad elevations, it shall refer the final
grading plan back to the Planning Commission for
further review and approval or denial.
C. Approve the removal of eleven trees within Tract 11086
subject to replacement of six specimen trees. The
size, type, and location shall be approved by the
Director of Community Planning and Development.
4. APPROVAL OF LOT LINE ADJUSTMENT, LOT 50, TRACT 6427
(SEDGWICK)
(85) Proposal:
A request for an adjustment to add approximately 8,200
square feet to Lot 50, Tract 6427 (Mission Hills Ranch)
for additional side and rear yard purposes.
Applicant:
Donald Sedgwick, 27151 Mission Hills Drive.
Written Communications:
Report dated June 18, 1980, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission on May 27.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and the following persons responded:
-5- 6/18/80
367
(1) Donald Sedgwick, applicant, advised that he was present
to answer any questions.
There being no further response, Mayor Hausdorfer closed
the Hearing.
Approval of Request:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to approve the lot line
adjustment for Lot 50, Tract 6427, with the condition that
'open space easements for the additional lot area of Lot 50
remain with the City; no building construction shall be
permitted within the additional lot area.
5. APPROVAL OF FORMATION OF LANDSCAPE MAINTENANCE DISTRICT,
TRACT 7654 (PATRICK)
(73) Proposal:
(74) Formation of a landscape maintenance district, pursuant to
(85) Sections 50575, et seq. of the California Administrative
Code, to provide for payment of maintenance costs through
annual assessments on the properties within the District.
The City Clerk advised that no written protests had been
received.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and, there being no response,
declared the Hearing closed.
Approval of District:
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 the following Ordinance
be introduced:
ORDINANCE NO. 408, FORMATION OF LANDSCAPE MAINTENANCE
DISTRICT - TRACT 7654 - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, FORMING 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
6. TRASH COLLECTION SERVICES, APPROVAL OF REQUEST FOR
RATE INCREASES (SOLAG DISPOSAL COMPANY)
(45) Proposal:
A request for increases in trash collection rates for
residential, multiple, and commercial services effective
July 1, 1980.
Applicant:
Solag Disposal Company, P. O. Box 305, South Laguna, 92677.
Written Communications:
Report dated June 18, 1980, from the Director of Public works.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and, there being no response,
declared the Hearing closed.
-6- 6/18/80
7.
Approval of Request:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe to authorize the Mayor and City Clerk to execute
amendments to the Solid Waste Collection Agreement and to
adopt the following Resolution:
RESOLUTION NO. 80-6-18-3, TRASH COLLECTION RATES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
TRASH COLLECTION RATES
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
The new rate schedule, effective July 1, 1980, is as follows:
Individual Residential Units:
Curb or roadside pickup of individual residential,
located on a paved two-lane road:
Weekly pickup:
Multiple Units:
$3.80 per month
Curb or roadside pickup of multiple residential
units:
First unit: $2.80 per month
Each additional unit: $2.80 per month
Commercial Rates:
The following rates are based on contractor furnishing
one three -cubic -yard metal container and said charges
shall include container rental, maintenance and pickup
service, as follows:
1 pickup
per week
$30.00
2 pickups
per
week
$40.00
3 pickups
per
week
$50.00
4 pickups
per
week
$60.00
5 pickups
per
week
$70.00
6 pickups
per
week
$80.00
AMENDMENTS TO TITLE 9 OF THE MUNICIPAL CODE -
LAND USE PROVISIONS
(55) Proposal:
Amendments to Title 9 of the Municipal Code to provide for
small farm animals in non-farm residential districts;
caretaker's residences during construction of custom
homes; and, churches in other districts in addition to
IP (Public Institutional).
Written Communications:
Report dated June 18, 1980, from the Director of Community
Planning and Development.
Public Hearing:
Notice having been
the Public Hearing
the Hearing closed.
given as required, Mayor Hausdorfer opened
and, there being no response, declared
-7- 6/18/80
1199
Approval of Land Use Amendments:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Schwartze
and seconded by Councilman Buchheim that the following
Ordinance be introduced:
ORDINANCE NO. 409, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE (LAND USE) - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CERTAIN
SECTIONS OF TITLE 9 OF THE MUNICIPAL CODE RELATING
TO ZONING FOR CARETAKER RESIDENCES, SMALL FARM ANIMALS,
AND RELIGION -RELATED LAND USES
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
RECESS AND RECONVENE
Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
None
QrsTin
Council recessed at 9:15 P.M., and reconvened at 9:30 P.M.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 408 ESTABLISHING TRUCK WEIGHT
LIMITS (TRABUCO CREEK ROAD)
(55) Written Communications:
(87) (1) Report dated June 18, 1980, from the City Clerk
advising that the ordinance was regularly introduced
on June 4th.
(2) Letter dated June 15, 1980, from Malcolm Driggs, Jr.,
Rock Plant Instructor, Operating Engineers Training
Trust.
Discussion ensued and the following persons addressed the
Council:
(1) William Floyd, representing the operating union,
spoke in opposition to the proposed truck weight
limit of 12,000 pounds, which he stated would
effectively close the Livingston -Graham sand and
gravel operation.
Mayor Hausdorfer advised that the intent of the Ordinance
is to defer traffic to a safer route, not to close down
the plant. The City Attorney advised that Deputy County
Counsel has issued a memorandum to the Board of Supervisors
advising that a County ordinance limiting truck traffic on
Avery Parkway is ineffective. In response to Mayor Hausdorfer,
the City Attorney advised that Avery Parkway would provide
alternate ingress and egress to the plant. Councilman
Thorpe suggested the plant operators urge County cooperation
and attend the June 24th Board meeting. Councilman Buchheim
suggested that enactment of the Ordinance be postponed,
pending the results of the County Board meeting. Councilman
Friess noted that the burden is upon the County to provide
an alternate truck route; Mayor Hausdorfer clarified that the
City ordinance would not be effective until July 18. Councilman
Schwartze stated that the County should be made aware of the
local situation and of the seriousness of the problems.
Ordinance Adoption:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
-8- 6/18/80
370
earlier in the meeting. It was moved by Councilman Friess
and seconded by Councilman Schwartze that the following
Ordinance be adopted:
ORDINANCE NO. 407, WEIGHT LIMITATIONS FOR COMMERCIAL
VEHICLES - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.801,
ARTICLE 8, TITLE 4 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Thorpe and Mayor Hausdorfer
NOES: Councilmen Schwartze and Buchheim
ABSENT: None
Request forReport:
There was a consensus of Council that an update report be
placed on the June 25th Agenda for review of the action by
the Board of Supervisors.
2. PARKING OF OVERSIZED VEHICLES IN RESIDENTIAL AREAS -
PERMIT PROCEDURES (INTRODUCTION)
(64) Written Communications:
(65) (1) Report dated June 18, 1980, from the Director of
Public Works forwarding a proposed ordinance to
require permits for parking of vehicles 84" in
width on residential streets, pursuant to Council
action of June 4th.
(2) Letter dated June 16, 1980, from Arlin J. Rude,
31232 Via Solana, in opposition to the ordinance as
presented and offering alternative considerations.
The following persons addressed the Council:
(1) Dennis Haehn, 28261 Via Rueda, opposed the ordinance;
(2) Ron Yorba, Vice President, Casitas Capistrano
Homeowners Association, 30666 Calle Chueca;
(3) Larry Streilman, Treasurer, Captains Hill Homeowners
Association, 25701 Windjammer Drive, in support of
the ordinance;
(4) Dennis Johnson, 31071 Paseo Valencia, in opposition
to the ordinance.
Approval 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 Friess,
seconded by Councilman Buchheim to introduce the following
ordinance with the following amendments:
(1) Add the words "in residential areas" to the title;
(2) Add the following to Section 12-2.01: "pursuant
to rules and regulations adopted by the City
Council."
ORDINANCE NO. 410, PARKING RESTRICTIONS - OVER -SIZED
VEHICLES - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 4, CHAPTER 6,
OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO PROHIBIT
ON -STREET PARKING OF CERTAIN VEHICLES IN RESIDENTIAL
AREAS
-9- 6/18/80
3'71
The motion carried by the following vote:
AYES:
Councilmen
Friess, Thorpe and
Buchheim
NOES:
Councilman
Schwartze and Mayor
Hausdorfer
ABSENT: None
Councilman Friess suggested that the ordinance not be returned
for adoption until the permit process is completed by the
City Council.
RESOLUTIONS
1. ANNUAL ARTERIAL HIGHWAY PROGRAM REQUALIFICATION
(COUNTY OF ORANGE)
(44) Written Communications:
Report dated June 18, 1980, from the Director of Public Works
advising that the City's Circulation Element of the General
Plan is in conformance with the County's Master Plan of
Arterial Highways with the exception of Junipero Serra,
Horno Creek, and La Novia Avenue, which are currently
under study.
Approval of Request for Requalification:
It was moved by Councilman Friess and seconded by Councilman
Thorpe that the following Resolution requesting requalification
in the County Arterial Highway Financing Program be adopted:
RESOLUTION NO. 80-6-18-4, ARTERIAL HIGHWAY FINANCING
PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING ANNUAL
REQUALIFICATION FOR PARTICIPATION IN THE COUNTY'S
ARTERIAL HIGHWAY FINANCING PROGRAM
The motion carried by the following vote:
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1.
IMINARY
- CAMINO CAPISTRANO
(38) Written Communications:
(56) Report dated June 18, 1980, from the Director of Public
(74) Works forwarding an agreement with the County of Orange
providing for cooperative funding for the reconstruction of
the Camino Capistrano Bridge across San Juan Creek. The
County's obligation of 14% is estimated at $35,000; the
City's share is $60,000.
Approval of Agreement:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the agreement
with the County of Orange for cooperative funding of the
preliminary engineering of the Camino Capistrano Bridge
across San Juan Creek. The Mayor and City Clerk were
authorized to execute the agreement on behalf of the City.
2. AGREEMENT FOR INSTALLATION OF GAS LINES - ORTEGA PROPERTIES,
ASSESSMENT DISTRICT 78-3 (SOUTHERN CALIFORNIA GAS COMPANY)
(38) Written Communications:
(74) Report dated June 18, 1980, from the Director of Public
(90) Works forwarding an agreement with the Southern California
-10- 6/18/80
Gas Company for relocation
Wellsite and Ganado Roads.
is $15,605; bond funds in
allocated.
of existing gas main
The estimated cost
the amount of $20,000
372
s in
of the work
have been
Approval of Agreement:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the agreement
with the Southern California Gas Company for relocation
of an existing 2 -inch gas main in Wellsite Road and a
3 -inch gas main in Ganado Road at an estimated cost of
$15,605, and to authorize the Mayor and City Clerk to
execute the agreement on behalf of the City.
3. AGREEMENT WITH DEPARTMENT OF FISH AND GAME - HORNO CREEK
ASSESSMENT DISTRICT 78-3
(38) Written Communications:
(74) Report dated June 18, 1980, from the Director of Public Works
advising that the Department of Fish and Game has directed
that Horno Creek be maintained as a natural riparian habitat
from the freeway to San Juan Creek; that to do so would
severely impact construction. The report further advises
that the Department of Fish and Game has accepted the City's
plan to cut an additional channel adjacent to San Juan
Creek to create a "replacement riparian waterway" and that
a formal agreement will be prepared.
Approval of Agreement:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to authorize the Director
of Public Works to approve the agreement with the California
Department of Fish and Game for alteration of Horno Creek,
with the direction that the matter be returned for City
Council review if deviations from the Memorandum of
Understanding dated June 6, 1980, occur.
4. AWARD OF CONTRACT - TRAFFIC SIGNAL MODIFICATION AT ORTEGA
HIGHWAY AND CAMINO CAPISTRANO AND ORTEGA HIGHWAY AND
DEL OBISPO STREET (STEINY AND COMPANY)
(38) Written Communications:
(82) Report dated June 18, 1980, from the Director of Public
Works forwarding the results of a bid opening held on
June 4, 1980 for the replacement of the traffic controllers
on Ortega Highway.
Award of Contract:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to award the contract
for Traffic Signal Modifications at Ortega Highway and
Camino Capistrano and Ortega Highway and Del Obispo Street
to Steiny and Company of Anaheim, at $22,800. The Mayor
and City Clerk were authorized to execute the agreement
on behalf of the City.
CONSENT CALENDAR
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
-11- 6/18/80
373
1. APPROVAL OF WARRANTS
(41) The List of Demands dated June 18, 1980, Warrants
through 20026, inclusive, in the total amount of
was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF MAY 31, 1980
Nos. 19877
$791,082.72,
(41) The City Treasurer's Report of Investments as of May 31, 1980,
was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF MAY 31, 1980
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of May 31, 1980, was approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF MAY 31, 1980
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the 11 -month period ending May 31, 1980, was approved as
submitted.
5. REPORT OF
JUNE 9. 1
COMMISSION ACTIONS OF
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of June 9, 1980, was ordered received and filed.
6.
NO. 9, PRICE INCREASE FOR ASPHALT
,BISPO STREET AT AGUACATE ROAD
(44) Change Order No. 9, in the amount of $9,778.30, was approved
for a price increase in asphalt concrete for AHFP 883,
Del Obispo Street and Aguacate Road, as set forth in the
report dated June 18, 1980, from the Director of Public
Works.
7. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT -
DEL OBISPO-AGUACATE STREET IMPROVEMENTS, AHFP 883
(GRIFFITH COMPANY)
(44) Written Communications:
(83) Report dated June 18, 1980, from the Director of Public
Works advising that the work for construction of the Del
Obispo-Aguacate Street improvements has been completed by
Griffith Company. The payment status is as follows:
Total Project Cost $361,273.81
Less 10% Retention 36,127.38
Less Previous Payments 313,719.66
Amount Due $ 11,426.77
Acceptance of Work:
The following Resolution was adopted:
80-6-18-5, COMPLETION OF THE DEL
CTRF.F.T TMPRCIVF.MF.NTC. ANFP RA' -
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO
BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
DEL OBISPO/AGUACATE STREET IMPROVEMENTS, AHFP 883
The Resolution accepts the work and directs the City Clerk
to forward the Notice of Completion to the County Recorder
within 10 days; payment is authorized to Griffith Company
-12- 6/18/80
in the amount
is authorized
Completion.
8. RESOLUT
of $11,426.77; payment of the 10% retention
35 days after recordation of the Notice of
NOTICE OF COMPLETION AND FINAL REPORT -
374
(38) Written Communications:
Report dated June 18, 1980, from the Director of Public
Works advising that the work for Phase One of the Del Avion
storm drain from San Juan Creek to Del Avion has been completed
by Bebek Company. The payment status is as follows:
Total Project Cost $208,992.00
Less 10% Retention 20,899.20
Less Previous Payment 186,217.20
Amount Due $ 1,875.60
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 80-6-18-6, COMPLETION OF DEL AVION
STORM DRAIN, PHASE I - 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 DEL AVION STORM DRAIN,
PHASE I
The Resolution accepts the work and directs the City Clerk
to forward the Notice of Completion to the County Recorder
within 10 days; payment is authorized to Bebek Company in
the amount of $1,875.60; payment of the 10% retention is
authorized 35 days after recordation of the Notice of
Completion.
9. ACCEPTANCE OF SANITARY SEWER EASEMENT - TRACT 10283
(LANDOLF/CAPISTRANO ASCOT DEVELOPMENT, INC.)
(80) The easement granting the City the right-of-way for construction
and maintenance of a sanitary sewer pipeline was accepted
from Capistrano Ascot Development, Inc., to serve Tract
10283 (Landolf) at the intersection of Camino Las Ramblas
and Via California. The City Clerk was authorized to
record the easement with the Orange County Recorder.
10. ACCEPTANCE OF RIGHT-OF-WAY EASEMENTS, ORTEGA PROPERTIES,
ASSESSMENT DISTRICT 78-3 (ROMER)
(74) The two easements for street and highway and utility purposes
over Parcel 3 required in conjunction with Assessment
District 78-3, were accepted from Carl A. Romer. The
City Clerk was authorized to record the easements with
the Orange County Recorder.
REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
JUNE 3, 1980
(23) It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried that the Report of Actions
taken by the Cultural Heritage Commission at the meeting of
June 3, 1980, be received and filed.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REVIEW OF APPOINTEMENTS TO BOARDS AND COMMISSIONS
(23) This item was scheduled in accordance with Ordinance 397,
which provides for the expiration of terms of Board and
Commission members on June 30 of each year.
-13- 6/18/80
975
Written Communications:
Report dated June 18, 1980, from the City Manager forwarding
attendance records and appointment dates of current members
of the Planning Commission, Architectural Board of Review,
and Mobile Home Park Review Board, as well as current
applications on file.
(69) Policy Statement for Re -Appointments:
It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried that the following policy
statement be adopted:
"Whenever the re -appointment of a Board or Commission
Member is to be reviewed by the City Council, each
such re -appointment shall be considered individually
by a roll call vote of the City Council. Whenever
a Board or Commission Member fails to gain re -appointment,
a meeting is to be scheduled with that individual and
representatives of the City Council.
Councilman Schwartze noted that many highly -qualified applicants
were interviewed by the Council committee. Re -appointments
were then considered as follows, and the City Clerk called
the roll for each Member:
Planning Commission:
(1) Mary Abe failed to gain re -appointment with Councilmen
Friess and Mayor Hausdorfer voting for and Councilman
Schwartze, Thorpe, and Buchheim voting against.
(2) Michael Berns was re -appointed for a one-year term
with Councilmen Friess, Thorpe and Mayor Hausdorfer
voting for and Councilmen Schwartze and Buchheim
voting against.
(3) Anthony Bland was re -appointed for a one-year term
by unanimous vote.
(4) Robert Davies was re -appointed for a one-year term
with Councilmen Friess, Thorpe, Buchheim and Mayor
Hausdorfer voting for and Councilman Schwartze voting
against.
(5) Dee Tyler was re -appointed for a one-year term by
unanimous vote.
Architectural Board of Review:
(1) Patricia Douglas was re -appointed for a one-year
term with Councilmen Friess, Schwartze and Thorpe
voting for and Councilman Buchheim and Mayor
Hausdorfer voting against.
(2) Carolyn Nash was re -appointed for a one-year -
term by unanimous vote.
(3) Wayne Penny was re -appointed for a one-year
term by unanimous vote.
Mobile Home Park Review Board:
Councilman Schwartze requested that consideration of
re -appointments to the Mobile Home Park Review Board
be deferred for approximately one month.
Mayor Hausdorfer suggested the establishment of City Council
liaison members with the City's Boards and Commissions.
Councilmen Friess suggested that Council address protocol
and Council expectations of appointees conduct at meetings.
Council Interview Committee:
At the request of Councilman Schwartze, Councilman Friess
and Mayor Hausdorfer volunteered to conduct future interviews
of appointees and applicants.
-14- 6/18/80
376
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. INITIATION OF GENERAL PLAN AMENDMENT 80-3
(46) Written Communications:
Report dated June 18, 1980, from the Director of Community
Planning and Development forwarding requests from three
contiguous properties on San Juan Creek Road for an
amendment to General Plan land use designations from
2.7 Recreation/Commercial to 5.0 Public/Institutional.
Petitioners:
Edward T. Benz, Box 201, Dana Point 92629;
Ray Adams, United Duralume Products, Inc., 350 South
Raymond Avenue, Fullerton 29631; and,
Thomas and Anne Schauwecker, 32391 San Juan Creek Road.
Initiation of Amendment:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to include the petitions
for consideration in General Plan Amendment 80-3, noting
that such inclusion is for review purposes only and in no
way indicates an intention to either approve or deny the
proposed amendment.
DIRECTOR OF PUBLIC WORKS
1. STATUS OF DRAINAGE AND GRADING (BEAR BRAND RANCH, TRACT 10583)
(80) Written Communications:
(85) Report dated June 18, 1980, from the Director of Public
Works requesting that the matter be scheduled for review
on July 16.
The following persons addressed the Council:
(1) Walter Wood, 25801 Paseo de la Paz, requested that
staff be directed to respond in a timely manner.
(2) Larry Strielman, 25701 Windjammer, on behalf of
Captain's Hill development, requested that the
matter be given top priority and requested notifi-
cation of meetings.
Councilman Friess requested that action be taken prior to the
receipt of final County permits by Bear Brand Ranch.
There was a concurrence of Council that the drainage and
grading issues be moved up in priority and that the matter
be scheduled for the meeting of July 16.
2. REVIEW OF ASSESSMENT DISTRICT 80-1, VIA ESTELITA
(74) Report dated June 18, 1980, from the Director of Public Works
(85) setting forth the results of an informal public protest
meeting held to determine if there were opposition to the
project on the part of property owners, and estimated
improvement costs if the district proceeds, and recommending
that the proceedings be terminated.
Council Discussion:
Councilman Friess noted concerns with the conduct of the public
meeting, and advised that there was a prior Council commitment
to provide three access routes for the Bear Brand Ranch
development, one of which was Via Estelita, and that the
property owners of the Via Estelita area had agreed not
to protest the formation of an assessment district.
Mr. Friess recommended that the road be built with reduced
standards and that the area of impact for the assessment
district be reduced to a more reasonable area, and that a
Council policy statement be issued with regard to the road
-15- 6/18/80
3"7'7
construction. Mayor Hausdorfer noted concerns with
commitments made and efforts to withdraw those commitments.
Councilman Thorpe noted the divergence in road elevations,
that the road should not be extended through to Bear Brand
Ranch until there is a necessity, and that the irrevocable
offers of dedication from the property owners along Via
Estelita should be retained.
The Director of Public Works advised that as a condition of
lot split approvals, the property owners agreed not to
protest the formation of an assessment district and that
commitment continues; further, additional lot split requests
in the area are being filed; improvement conditions were
waived upon receipt of the irrevocable offers. The assessment
engineer had determined that the area of benefit included
the Sun Ranch and Meissner tracts due to expected relief from
traffic congestion. Councilman Thorpe noted there may be
justification for partial City funding of a reduced road and
requested the matter be referred to staff for a report on
the action necessary and setting of public hearing for
consideration of the deletion of that portion of Via Estelita
extending into Bear Brand Ranch. Councilman Schwartze
advised that a public hearing on a General Plan Amendment
would be required and suggested a public meeting for discussion
purposes only.
Motion to Table:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim to accept the staff recommendations to terminate
the assessment district proceedings which include Sun Ranch
and the Meissner tracts. The motion carried with Councilman
Friess voting against. It was subsequently moved by Councilman
Thorpe, seconded by Councilman Schwartze and unanimously
carried to reconsider the previous motion. Councilman Friess
noted the length of the proposed Estelita improvements and
suggested that staff be directed to reduce the area of benefit
and continue the district proceedings. Councilman Schwartze
requested that alternative plans be prepared for Council
consideration. It was then moved by Councilman Thorpe,
seconded by Councilman Buchheim and carried, with Councilman
Friess voting against, to table the matter. Mayor Hausdorfer
clarified that the assessment district has not been terminated.
Public Hearing Date:
It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried that a Public Hearing
be advertised for the meeting of August 20, 1980, to
receive public input and to determine the desirability of
the construction of Via Estelita.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF JUNE 10, 1980
(67) It was moved by Councilman Thorpe, seconded by Councilman
Buchheim to receive and file the report dated June 18,
1980, from the Director of Community Planning and Development.
EQUESTRIAN COMMISSION
1. TRAIL REVIEW, LOS CORRALES TRACT 7654
(85) Written Communications:
(62) Report dated June 18, 1980, from the City Clerk/Equestrian
(23) Commission Secretary forwarding the status of a June 6
on-site review of equestrian trails in the Los Corrales
development conducted by Council and Commission representatives,
the developer, and staff.
-16- 6/18/80
378
Councilman Friess requested that fencing of the trail area
at the easterly tract boundary be implemented in conjunction
with the development of the adjacent Black Mountain Villas.
Dennis Haehn, 28261 Via Rueda, representing Lots 50-60 of
Tract 7654, requested City assistance in fencing the
easterly trail section to prevent unauthorized access to
properties.
Ben Wallman, representing Corrales Estates, stated willingness
to cooperate with the City and to install the fencing at
the head of the drainage ditch pursuant to the City's design
and request. Mr. Wallman advised that Lots 97 and 99 are
privately owned; the developer is willing to grant an
easement over Lot 98; and that fencing of Area 6 would be
discussed with the developer.
The City Clerk advised that the area along the drainage
ditch is also provate property with a drainage easement and
that it would be necessary to acquire an equestrian easement.
It was moved by Councilman Friess, seconded by Councilman
Schwartze and unanimously carried to direct staff to advise
the developer of Council concurrence with the installation
of trail fencing at the uppermost portion of the drainage
ditch and to request that finish blade work be done in
Area 4; and to concur with the designation of Area 5 as
the connection point for the equestrian trail easement
through the Black Mountain Villas development and as the
connection point for the future General Plan trail through
the Glendale Federal property. Staff is requested to
provide clarification of the easement areas of Lots 97
and 99 and Area 1. Fencing of Area 6 is to be discussed
with the developer, the Equestrian Commission and homeowners.
The existing easement through the drainage ditch is to be
retained pending acquisition of a trail easement through
Black Mountain Villas.
COUNCIL REMARKS
1. COUNCIL EXPENDITURE
(32) There was a consensus of Council to authorize staff to
send flowers to Don Durnford, Council Member from April 24,
1961, to April 14, 1970, due to his current illness.
2. HISTORIC SOCIETIES CONFERENCE
(23) Councilman Schwartze noted that the conference of State
Historic Societies is meeting in the City from June 19
to June 21.
3, TRAFFIC CONDITIONS - ORTEGA PROPERTIES
(87) Councilman Thorpe noted traffic conditions at Ganado and
(74) La Novia Roads due to assessment district construction of
the Ortega Properties development and suggested that additional
flagmen were needed.
4. MICROGRAPHICS PROGRAM
(31) Councilman Friess brought up an additional Agenda item and
(36) advised that the City Clerk has compiled a micrographics
handbook for use by City personnel in conjunction with a
University of San Francisco research project. Mr. Friess
served as the City contact with the University. Mayor
Hausdorfer commended the City Clerk for completing the
Bachelor of Science degree program.
Approval of Micrographics Program:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the handbook
-17- 6/18/80
379
and the preparation of a policy statement for the scope of
the program and delineation of personnel responsibilities and
to encourage the establishment of a central records area for
maintenance and storage of completed departmental files.
5. UNAUTHORIZED TREE REMOVALS, ORTEGA PROPERTIES --REQUEST
FOR REPORT
(74) There was a concurrence of Council that staff provide a report
on methods of dealing with unauthorized tree removals by
developers by means other than requiring installation of
additional trees in an existing landscape plan. Several
mature pepper trees were recently removed by contractors
for the Ortega Properties development. _
6. BONDING OF SUBDIVISION IMPROVEMENTS - REQUEST FOR REPORT
(85) Councilman Schwartze suggested consideration of means other
than bonding for assuring completion of improvements by
developers, and there was a consensus of Council that a
report be prepared addressing the pros and cons of bonding
and other sureties.
7. SISTER CITIES PROGRAM
(34) Councilman Schwartze advised of plans for a July 10 Sister
Cities program and dinner to be held at the Hot Springs
Dance Hall.
8. MEETING ATTENDANCE
(32) Councilman Thorpe advised he would be unable to attend the
July 2nd Council meeting.
9. REVIEW OF RETIREMENT SYSTEM - FINAL REPORT
(66) Council noted receipt of the final report on the City's
retirement program presented by Councilman Schwartze, and
directed that copies be distributed to persons who have
expressed interest in the findings.
EXECUTIVE SESSION
Council recessed to Executive Session at 12:10 a.m., the City Clerk
being excused therefrom, and reconvened at 12:50 a.m.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:55 a.m., Thursday, June 19, 1980, to the next
meeting date of Wednesday, June 25, 1980, at 6:00 p.m, in the
City Council Chamber.
Respectfully submitted,
-18- 6/18/80