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80-0716_CC_Minutes_Regular MeetingJULY 16, 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 7:04 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Gary L. Hausdorfer, Mayor. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Phillip R. Schwartze, Mayor pro tem (arrived at 9:22 P.M.) 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 June 25, 1980: It was moved by Councilman Friess, seconded by Councilman Buchheim that the Minutes of the Adjourned Regular Meeting of June 25, 1980, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze Regular Meeting of July 2, 1980: It was moved by Councilman Buchheim, seconded by Councilman Friess that the Minutes of the Regular Meeting of July 2, 1980, be approved with the clarification that the appeal granted to the Capistrano Industrial Park refers to both the front and rear building setbacks. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Thorpe ABSENT: Councilman Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Friess that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze -1- 7/16/80 401 PRESENTATIONS AND COMMENDATIONS 1. CITIZEN OF THE YEAR AWARD (BUCHHEIM) (61) Lions Club President Jerry Severson presented the annual (32) Lions Club Citizen of the Year Award to Councilman Larry Buchheim for his outstanding service to the community, and Mr. Buchheim expressed his appreciation to the Members of the Club and to the community as a whole. 2. RESOLUTION OF COMMENDATION - ARCHITECTURAL BOARD OF REVIEW MEMBER HARRISON NEGLEY (23) It was moved by Councilman Friess and seconded by Councilman (36) Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-7-16-1, COMMENDING HARRISON NEGLEY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING ARCHITECTURAL BOARD OF REVIEW MEMBER HARRISON NEGLEY The motion carried by the following vote: AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze The resolution commends Harrison Negley for his service to the community as a Member of the Architectural Board of Review from September 7, 1977, until his resignation on June 25, 1980. 3. RESOLUTION OF COMMENDATION - PARKS AND RECREATION COMMISSION MEMBER GILLIAN CANNON (36) It was moved by Councilman Friess and seconded by Councilman (62) Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-7-16-2, COMMENDING GILLIAN CANNON - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING PARKS AND RECREATION COMMISSION MEMBER GILLIAN CANNON The motion carried by the following vote: AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze The resolution commends Gillian Cannon for her service to the community as a Member of the Parks and Recreation Commission from January 26, 1977, until June, 1980. 4. RESOLUTION OF COMMENDATION - PLANNING COMMISSION MEMBER MARY ABE (36) It was moved by Councilman Friess and seconded by Councilman (67) Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-7-16-3, COMMENDING MARY MORGAN ABE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING PLANNING COMMISSION MEMBER MARY MORGAN ABE -2- 7/61/80 402 The motion carried by the following vote: AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze 5. RESOLUTION OF COMMENDATION - TRAFFIC AND TRANSPORTATION COMMISSION MEMBER DENNIS JOHNSON (23) Mr. Johnson was present in the audience, and Mayor Hausdorfer (36) read the resolution in full commending Dennis Johnson for his service to the community as a Member of the Traffic and Transportation Commission from August 16, 1977, until his resignation on June 30, 1980. Adoption of Resolution: It was moved by Councilman Friess and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-7-16-4, COMMENDING DENNIS JOHNSON - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING TRAFFIC AND TRANSPORTATION COMMISSION MEMBER DENNIS JOHNSON The motion carried by the following vote: AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze ORAL COMMUNICATIONS 1. MOBILE HOME PARK REVIEW BOARD (23) Ed Clark, Vice -Chairman, inquired if three members of the Board could call a meeting for the purpose of discussing community services, such as cable television. The City Attorney advised that the enabling ordinance provides for meetings to be held only upon receipt of a petition. Council discussed the possibility of the Board holding a meeting to consider the scope of the Board decision-making ability, but declined to take action pending the arrival of Councilman Schwartze, who has served as Council liaison. The City Attorney/Board Secretary was directed to advise Mr. Clark of any action taken later in the evening. 2. REQUEST FOR DRAINAGE IMPROVEMENTS - LOS CORRALES, TRACT 7654 (ALLEN) (76) Sharon Allen, 28352 Paseo Establo, cited concerns with (80) drainage and property elevations and requested that the (85) situation be alleviated prior to the next rainy season. There was a consensus of Council that the Director of Public Works meet with Mrs. Allen to arrange a meeting of property owners in the area. Councilman Buchheim requested that he be included in an inspection of the drainage facilities. 3. IMPROVEMENT OF LOT 5, BLOCK 5, BURRUEL PLAZA (KING (68) Chuck King, 31752 Avenida Avila, requested clarification which (76) would authorize the improvement plans for the Burruel Plaza project to proceed to the Planning Commission. On April 2, 1980, Mr. King had requested that the project be allowed to proceed if the downtown plan were not complete within six months. A letter dated July 15 setting forth Mr. King's concerns with financing was received by Council. -3- 7/16/80 403 The Director of Community Planning and Development advised that there was an original submittal of plans that was approved in 1977 and expired in 1978; a second submittal was presented and the applicant was advised that it would not be necessary to repeat the Architectural Review and Environmental Review processes. The current status is that the draft Environmental Impact Report is available for public review; the plans previously approved by the Architectural Board of Review are to be presented for Planning Commission approval, followed by presentation of the working drawings to the Architectural Board of Review; and, following that approval, building permits would be applied for. With Council concurrence, Mayor Hausdorfer directed that staff prepare a letter clearly stating that the Burruel Plaza project _ may proceed to the Planning Commission at the end of September. Councilman Thorpe cited concerns with the lack of public input on this matter; Councilman Friess noted that the delay in processing was a voluntary action of the developer and that the purpose in requesting authorization to proceed was to retain financing. Council concurred that the item be scheduled for the Agenda in September. WRITTEN COMMUNICATIONS 1. TRABUCO CREEK ROAD, TRUCK WEIGHT LIMITS (DRIGGS) (55) Council received copies of a letter dated June 30, 1980, from (87) Malcolm S. Driggs, Jr., Rock Sand and Gravel Instructor, requesting that businesses using Trabuco Creek Road for product hauling be allowed to continue their operations until the question of the use of Avery Parkway is resolved. With Council concurrence, Mayor Hausdorfer directed that the letter be received and filed. HEARINGS 1. GIDDINGS FRUIT STAND IMPROVEMENTS (95) Proposal: Pursuant to City Council direction of July 2, 1980, the Hearing was scheduled to review the Giddings Produce Stand located at 28341 Ortega Highway in terms of the legal status of the Stand and permitted uses on the property. Written Communications: Report dated July 16, 1980, from the Acting Director of Community Planning and Development. The report states that at the time of purchase by the Giddings in 1972, the fruit stand use was probably in conformance with Zoning Ordinance No. 115, that since that time the use has been expanded without necessary approvals and permits and that the existing _ scale of the business is not consistent with the provisions of Ordinances 115 and 293. Letters were received from the following persons in support of the fruit stand use: (1) Carl and Adele Hankey, 28232 Ortega Highway; (2) James and Rebecca Roach, 31162 Calle Entradero; (3) J. K. Forsberg, 32302 Alipaz Street, Space 245; (4) F. M. "Bruce" Brusseau, 3 Palm Hill Drive; (5) Ron Nation, 5 Palm Hill Drive; (6) Gertrude and Charles McCann, 27703 Ortega Highway, Space 146; (7) Larry Hernandez, 31476 Oro Place; (8) Mr. and Mrs. H. Mateas, 27703 Ortega Highway, Space 132. -4- 7/16/80 IMA The Director of Community Planning and Development advised that in order for the operation to be a legal use, it would have to be reduced to its status at time of purchase. Mr. Merrell further advised that the large metal building constructed in 1977 was approved by the County for barn purposes, is presently used for storage, and is not a point of issue, nor is it referred to in the staff report. Councilman Buchheim requested receipt of a list of persons who were contacted for information contained in the report. Hearing: Notice having been given, Mayor Hausdorfer opened the Hearing and the following persons responded in support of the fruit stand operation: (1) Richard Giddings, 28341 Ortega Highway, requested that the stand be designated as a legal non -conforming use and be allowed to continue in its present capacity; (2) John P. Gallagher, E1 Nido Mobile Estates. (3) Fred Kelly, E1 Nido Mobile Estates. (4) Helen Smith, 28281 Via Rueda. (5) Wyatt Hart, 28451 Ortega Highway. (6) Barbara Townsend, 31022 Via Crystal. (7) Ricky C. Harrison, 28271 Ortega Highway. (8) Nick Brown, 33762 Via de Agua. (9) Al Harrison, 28271 Ortega Highway. (10) Lillian Horn, El Nido Mobile Estates. The following persons addressed the Council in opposition to the operation: (1) Milton Long, 28333 Ortega Highway, cited a letter from Roy Byrnes, 28355 Ortega Highway, and re-emphasized the points made. Mr. Long requested immediate abatement of the use as non -conforming, and also cited provisions requiring a minimum one acre for such use. There being no further response, the Hearing was closed. Approval of Conditional Use: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried with Councilman Schwartze absent, that the fruit stand use continue under a Conditional Use Permit with the restriction that if the property is sold, continuation of the use would be returned to the City Council for consideration of abatement. Council also suggested that the property be landscaped in front and surrounding the buildings, that machinery be muffled for noise reduction, and that the large metal building be painted. Amendment to Motion: The Director of Community Planning and Development advised that the zoning ordinance would require amendments in order to issue a Conditional Use Permit for the fruit stand and suggested that an abatement agreement be entered into instead. With the concurrence of the second, Councilman Buchheim amended the motion of approval to allow staff to evaluate both alternatives for report to the Council; the permit or agreement is to clearly state the uses allowed for a fruit stand operation. It was then moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried that subject to completion of County Health Department requirements, the Giddings be permitted to open and operate the fruit stand with no change from the previous operation on an interim basis until the matter is returned for Council review on August 6, 1980. -5- 7/16/80 405 PUBLIC HEARINGS 1. 1980-85 FISCAL BUDGET REVIEW AND ADOPTION (24) Written Communications: Report dated July 16, 1980, from the Director of Administrative Services forwarding a proposed Agreement for Services submitted by the Chamber of Commerce. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following persons responded; (1) Charlotte McWain, President of the Capistrano Indian Council, expressed appreciation for City assistance in restoration of the Harrison House and Parra Adobe for use by the organization and requested funding for gas and electric utilities for the first six months of operation and $150 for an Indian Council newsletter. (2) Sharon Allen, 28352 Paseo Establo, requested that funds be budgeted for drainage improvements in the vicinity of her residence. There being no further response, the Hearing was closed. Budget Allocations for Capistrano Indian Council: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to include $600 in the 1980-85 fiscal budget for payment of utilities for a six- month period of time. It was moved by Councilman Friess, seconded by Councilman Buchheim to allocate the sum of $150 for the Newsletter. The motion failed to carry with Councilmen Friess and Buchheim voting in the affirmative, Members Thorpe and Hausdorfer voting in the negative, and Councilman Schwartze absent. Agreement with Chamber of Commerce: The City Manager requested that this item be held over to a later date. 2. AMENDMENT TO PERSONNEL RULES AND REGULATIONS (66) Proposal: Amendment to Resolution No. 72-3-27-3, the City's Personnel Rules and Regulations, to clarify and specify policies and procedures with respect to: (1) compensation during temporary assignments; (2) probationary periods; and, (3) personnel evaluations. Written Communications: (1) Report dated July 16, 1980, from David DeBeauvais, Administrative Assistant, forwarding a proposed resolution amending the Personnel Rules. (2) Report dated July 16, 1980, from the City Manager forwarding a revision to Section 4 of the Resolution pertaining to Personnel Rule XI, Section 1. 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 Amendments: It was moved by Councilman Buchheim, seconded by Councilman Thorpe that the following Resolution be adopted: -6- 7/16/80 406 RESOLUTION NO. 80-7-16-5, AMENDMENT TO PERSONNEL RULES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 72-3-27-3, THE CITY'S PERSONNEL RULES AND REGULATIONS The motion carried by the following vote: AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer ' NOES: None ABSENT: Councilman Schwartze 3. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE, ESTABLISHMENT OF OFFICE OF ZONING ADMINISTRATOR (INTRODUCTION OF ORDINANCE NO. 410 (66) Proposal: (55) Establishment of the office of Zoning Administrator to provide for a more expeditious resolution of minor zoning matters and to allow the Planning Commission to devote more time to substantive planning and zoning issues. Written Communications: Report dated July 16, 1980, from the Acting Director of Community Planning and Development, forwarding a proposed Ordinance establishing the office and setting forth the authorities granted to the Zoning Administrator. 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. ' The Director of Community Planning and Development advised that any variance requested in conjunction with a development project would be heard by the Planning Commission, as would dimensional adjustments of 10% or more. In addition, the Commission recommended that a Council policy statement be prepared setting forth procedures to be used by the Zoning Administrator in rendering decisions. Approval of Amendment: 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: ORDINANCE NO. 410, ZONING ADMINISTRATOR - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING ARTICLE 4 TO CHAPTER 2 OF TITLE 9 OF THE MUNICIPAL CODE, CREATING THE OFFICE OF ZONING ADMINISTRATOR AND SPECIFYING THE DUTIES AND AUTHORITY THEREFOR The motion carried by the following vote: ' AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze Agenda Reports: Council concurred with the request of Councilman Friess that the Zoning Administrator submit regular "Reports of Actions Taken" for inclusion on the City Council meeting Agendas. -7- 7/16/80 RESOLUTIONS 1. DEVELOPMENT FEES AND SURETY SCHEDULES (85) Written Communications: Report dated July 16, 1980, from the Director of Public Works advising that the current development processing fees are below the average for Orange County cities and forwarding a proposed Resolution containing new fees. Adoption of Resolution: It was moved by Councilman Buchheim and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 80-7-16-6, DEVELOPMENT FEES AND SURETY SCHEDULES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING DEVELOPMENT FEES AND SURETY SCHEDULES FOR THE PROCESSING OF DEVELOPMENT PLANS, DIVISIONS OF LAND, ADMINISTRATIVE MATTERS, AND CONSTRUCTION INSPECTION AND RESCINDING RESOLUTION NO. 76-9-1-5 The motion carried by the following vote: AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze The Resolution will be effective August 18, 1980. 2. INTENT TO FORM UNDERGROUND UTILITIES DISTRICT MULTI -MODAL TERMINAL (88) Written Communications: (90) Report dated July 16, 1980, from the Director of Public Works advising that the Underground Utility Advisory Committee recommended the multi -modal site as the number one priority and that proceedings commence for the formation of an underground utility district. San Diego Gas and Electric will provide financing for the project, which is estimated at $100,000. Adoption of Resolution of Intent: It was moved by Councilman Friess, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 79-7-16-7, FORMATION OF UNDERGROUND UTILITY DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING A PUBLIC HEARING TO DETERMINE WHETHER THE PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT The motion carried by the following vote: AYES: Councilman Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze The Resolution sets a Public Hearing for the meeting of August 6, 1980, at 7:00 p.m., in the Council Chamber. -8- 7/16/80 ESTABLISHMENT OF FEES FOR PURCHASE OF MUNICIPAL CODE AND GENERAL PLAN DOCUMENTS (55) Written Communications: Report dated July 16, 1980, from the City Clerk, forwarding a list of agencies which would receive copies of the Municipal Code free of charge and a resolution setting fees for sale of the Code, supplement service, General Plan, and related documents. The report advises that the recommended prices reflect the actual cost to the City for printing ' costs only. Establishment of Fees: It was moved by Councilman Friess, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 80-7-16-8, FEE SCHEDULE - MUNICIPAL CODE AND GENERAL PLAN DOCUMENTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING FEE SCHEDULE FOR PURCHASE OF VARIOUS CITY DOCUMENTS The motion carried by the following vote: AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze BIDS, CONTRACTS, AGREEMENTS 1. PLANS AND SPECIFICATIONS AND CALL FOR BIDS - CAMINO DEL AVION IMPROVEMENTS, ALIPAZ STREET ' TO 410 FEET EAST OF DESCANSO (38) This item was held over for consideration at the meeting (83) of August 6, 1980. 2. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS LANDSCAPE MAINTENANCE DISTRICT, TRACT 7654, SAN JUAN CREEK ROAD AND LA NOVIA (38) Written Communications: (74) Report dated July 16, 1980, from the Director of Public Works (85) requesting approval of plans and specifications for the landscape maintenance district in Tract 7654. The District, which was approved by Council on June 18th, will include maintenance of tract parkways, slopes and the tract entrance. The costs of the maintenance will be financed through an annual assessment of properties within the district. Approval of Plans and Call for Bids: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to approve the plans and specifications and to authorize staff to advertise for bids for the landscape maintenance district in Tract 7654. ' 3. APPROVAL OF LIABILITY INSURANCE RENEWAL AGREEMENT (ADMIRAL INSURANCE COMPANY, CARL WARREN AND COMPANY) (38) Written Communications: (49) Report dated July 16, 1980, from the Director of Administrative Services, advising that Admiral Insurance Company has submitted a quote of $21,997 for public liability insurance coverage for the 1980-81 fiscal period, which is a $13,569 decrease over last year; and, that Carl Warren and Company has submitted a quote of $1,200 for claims administration for -9- 7/16/80 1980-81, the same as 1979-80. The report requests approval of the proposal submitted by Admiral Insurance Company and the agreement with Carl Warren and Company. Approval of Liability Insurance Renewal: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to approve the proposal submitted by Admiral Insurance Company in the amount of $21,997 for public liability insurance coverage and the agreement with Carl Warren and Company for liability insurance claims administration in the amount of $1,200 for the fiscal period 1980-81. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. CONSENT CALENDAR It was moved by Councilman Buchheim and seconded by Councilman Thorpe that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze 1. APPROVAL OF WARRANTS (41) The List of Demands dated July 16, 1980, Warrants Nos. 1 through 90, and No. A0102, inclusive, in the total amount of $48,812.58, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JUNE 30, 1980 (41) The City Treasurer's Report of Investments as of June 30, 1980, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF JUNE 30, 1980 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of June 30, 1980, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (41) The City Treasurer's Summary Statement of Fund Cash Balances for the 12 -month period ending June 30, 1980, was approved as submitted. 5. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - CALLE ASPERO WIDENING (T.J. CROSBY COMPANY) (38) Written Communications: (83) Report dated July 16, 1980, from the Director of Public Works advising that the work for the Calle Aspero Street Widening has been completed by T. J. Crosby, Inc. The payment status is as follows: Total Project Cost Less 10% Retention $65,613.06 6,561.31 Amount Due to T. J. Crosby $59,051.75 The report further advises that an agreement with Bear Brand Ranch Company obligates that Company to pay the balance of the project cost, minus the City's share of $25,000. That payment status is as follows: -10- 7/16/80 Total Project Cost Less City Contribution Minus previous payments Total Due from Bear Brand Ranch $65,613.06 25,000.00 33,998.30 Acceptance of Work: The following Resolution was adopted: 6,614.76 410 RESOLUTION NO. 80-7-16-9, COMPLETION OF CALLE ASPERO WIDENING - 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 CALLE ASPERO WIDENING 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 T. J. Crosby, Inc., in the amount of $59,051.75; payment of the 10% retention is authorized 35 days after recordation of the Notice of Completion. 6. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF BONDS, TRACT 9204 (TIERRA DEL CABALLO) (38) Written Communications: (85) Report dated July 16, 1980, from the Director of Public Works advising that the public improvements for Tract 9204 have been completed and requesting release of bonds. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 80-7-16-10, COMPLETION OF PUBLIC 1MYKUVELVILITEb - '1ZtL-1UT 7GU4 l'1'1r:xk(a LP:L I:AbALLU) - 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 PUBLIC IMPROVEMENTS - TRACT 9204 (TIERRA DEL CABALLO) The Resolution accepts the public improvements and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Release of Surety: The following bonds from American Motorists Insurance Company, are released upon expiration of 35 days from the recording of the Notice of Completion: Bond Amount Labor and Material (public) $124,500 No. BSM173003 Faithful Performance (private) $ 17,000 No. 8SM173004 Monumentation 1,500 No. 8SM173006 The following bond from American Motorists Insurance Company, is extended to July 16, 1981: Faithful Performance (public) $124,500 No. 8SM173003 -11- 7/16/80 411 7. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF BONDS, TRACT 9339 (WOODCREST DEVELOPMENT (38) Written Communications: (85) Report dated July 16, 1980, from the Director of Public Works advising that the public improvements for Tract 9339 have been completed and requesting release of bonds. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 80-7-16-11 T PUBLIC INC.) - 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 PUBLIC IMPROVEMENTS - TRACT 9339 (WOODCREST DEVELOPMENT, INC.) The Resolution accepts the public improvements and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Release of Surety: The following bonds from Covenant Mutual Insurance Company, are released upon expiration of 35 days from the recording of the Notice of Completion: Bond Amount Labor & Material (public) $44,029 No. 008188 Faithful Performance (private) 69,594 No. 008189 The following bond from Covenant Mutual Insurance Company, is extended to July 16, 1981: Faithful Performance (public) 44,029 No. 008188 8. ACCEPTANCE OF RIGHT-OF-WAY DOCUMENTS, ORTEGA PROPERTIES ASSESSMENT DISTRICT 78-3 (73) The following easements were accepted in conjunction with (74) Assessment District 78-3: Assessment District Parcel Owner 1 Capistrano Acres Mutual Water Company 9 Romarco Realty 20 Capistrano Acres Mutual Water Company Document Street Easement Street Easement Street Easement, Storm Drain Easement The grading right -of -entries for the 3 parcels and for Parcel 6 from Norio Iwata and Bill Reid were accepted. As set forth in the report dated July 16, 1980, from the Director of Public Works, compensation in the following amounts have been deposited with the Superior Court for condemnation proceedings; upon recordation of the deeds by the City Clerk, the funds will be forwarded to the property owners: -12- 7/16/80 Assessment District Parcel 20 Owner Amount Capistrano Acres Mutual $30,700 Water Company Romarco Realty $15,900 Capistrano Acres Mutual $10,450 Water Company TOTAL AMOUNT $57,050 412 9. SETTLEMENT OF CLAIM - JON TUBB (35) As set forth in the report dated July 16, 1980, from the Director of Administrative Services, authorization was granted to the City's insurance adjuster to proceed with appraisal of damage and for recommendation for settlement of the Claim filed on February 25, 1980, by Jon Tubb, 27511 Windjammer Drive, the claim's street address, for damages sustained to his home on February 15, 1980, as a result of an overflowing desilting basin located in the Captain's Hill tract. ABANDONMENT OF STORM DRAIN EASEMENT AND ACCEPTANCE OF NEW STORM DRAIN EASEMENT, TRACT 9578 (COUNTRY HILLS ESTATES) (80) It was moved by Councilman Friess, seconded by Councilman (73) Buchheim and unanimously carried that in order to implement (85) May 21st Council approval of lot line adjustments in Tract 9578 requiring realignment of the storm drain, a quitclaim for the previous storm drain easement be approved and a new easement for storm drain purposes accepted. The City Clerk was directed to record both documents with the Orange County Recorder, as set forth in the report dated July 16, 1980, from the Director of Public Works. It was clarified that bonds would not be released until slope conditions are acceptable. APPROVAL OF FINAL PARCEL MAP 79-860 (HAUSDORFER) (85) It was moved by Councilman Friess, seconded by Councilman Buchheim to approve Final Parcel Map 860 with the determination that the map is consistent with the General Plan and in substantial compliance with the approved tentative map, as set forth in the report dated July 16, 1980, from the Director of Public Works. The motion carried by the following vote: AYES: Councilmen Friess, Thorpe and Buchheim NOES: None ABSTAIN: ABSENT: ADMINISTRATIVE ITEMS Mayor Hausdorfer Councilman Schwartze DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. REPORT ON PEPPER TREE REMOVALS - ORTEGA PROPERTIES ASSESSMENT DISTRICT 78-3 (74) Written Communications: Report dated July 16, 1980, from the Acting Director of Community Planning and Development recommending City purchase of three 36" box trees to replace the California Pepper trees on Ganado Road which were erroneously removed without the necessary removal permits, due to a misunderstanding. -13- 7/16/80 413 Authorization for Purchase: It was moved by Councilman Buchheim, and seconded by Councilman Friess to authorize purchase of three 36" box trees as replacement for the California Pepper Trees on Ganado Road, at an estimated cost of $1,340. The motion carried with Councilman Thorpe voting against and Councilman Schwartze absent. Councilman Thorpe recommended that penalties be established for unauthorized tree removals. Procedures for Designating Trees for Retention: Council concurred that procedures be established to visbly designate existing trees for retention in project areas to curtail mistaken or unauthorized removals. Councilman Schwartze arrived at 9:22 P.M. 2. REQUEST FOR EXEMPTION FROM HILLSIDE DEVELOPMENT GUIDELINES, TRACT 9030 (VERDE SAN JUAN ESTATES) (68) Proposal: (85) A request for exemption from the requirements of the Hillside Development Guidelines for Tract 9030, a 12 -lot subdivision with 2-1/2 acre minimum lot size, located on the Ortega Highway and partially adjacent to the east City limits. Lots within the Tract for which grading permits had been issued or grading completed were exempted from the Guidelines on May 21; the action affected Lots 3 and 5. Written Communications: Report dated July 16, 1980, from the Acting Director of Community Planning and Development forwarding a letter request dated July 3, 1980, from Gary Smith, owner of the tract, for exemption of the entire tract from the Hillside Guidelines. Applicant: Verde San Juan Estates, c/o Gary Smith, 28281 Via Rueda, San Juan Capistrano. The Director of Community Planning and Development suggested that rather than considering a blanket exemption request, Council ask the applicant to describe specific problem areas for consideration of partial exemption, advised that the Guidelines conform to provisions of the Municipal Code and were specifically prepared to regulate the development of large custom lots. Mr. Smith provided copies of the Tract CC&R's and urged exemption of the entire tract. Ray Townsend, partner in the development, cited opposition to the Guidelines. Approval of Exemption: It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to exempt Tract 9030 from the provisions of the Hillside Development Guidelines with the intent that the Tract be required to proceed through all other development processes. Councilman Friess noted that although the remaining ten lots of the project would be exempt,"it-weafd-net-preefude the-epg�ieat3en-e€-the-6n=def€nes-in-the-preeess-fer-a spee}€ie-let;*the Planning Commission and Environmental Review Board would have the same flexibility in processing as prior to the adoption of the Guidelines. It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried that the regulations of the Land Use Management Code apply to the project"with-no-intent given-ef-9peei€ie-exemptiens.* *Deleted by Council 8/6/80 -14- 7/16/80 414 RECESS AND RECONVENE The City Council recessed at 9:50 P.M., and reconvened at 10:02 P.M. DIRECTOR OF PUBLIC WORKS 1. STATUS OF DRAINAGE/GRADING, TRACT 10593, BEAR BRAND RANCH (80) Written Communications: (85) Report dated July 16, 1980, from the Director of Public Works setting forth the status of the drainage problems between the Bear Brand Ranch/Paseo de la Paz area, possible solutions and costs involved. The report advises that a formal request has been made to Orange County for City receipt of the Bear Brand Ranch drainage funds, which would be used for master planned facilities. Walter Wood, 25801 Paseo de la Paz, suggested that rather than a drainage pipe in the open channel along Paseo de la Paz, that a pipe be placed within the street area for access purposes and requested that the property owners be allowed to review the drainage provisions. Mr. Wood provided a copy of the tract CC&R's to the Director of Public Works. Funding and Design Report: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to receive and file the report dated July 16th and to direct staff to prepare a funding and design report upon completion of liaison with the County of Orange and completion of design reviews by the civic engineer for Bear Brand Ranch. The affected property owners are to continue to be included in the discussion of drainage improvements; the area from Captain's Hill to Via Estelita is to be incorporated in the drainage review. 2. APPROVAL OF CHANBE ORDER NO. 4, INSTALLATION OF FOUR ADDITIONAL (74) It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to approve Change Order No. 4, which includes installation of four trees at $2,714 to replace previously removed palm trees, and an increase in the cost of asphalt concrete by $3.00 per ton, totalling $515.25, as set forth in the report dated July 16, 1980, from the Director of Public Works. 3. STATUS REPORT - TREATMENT PLANT OPERATIONS AND MAINTENANCE AGREEMENT (SERRA) (79) Written Communications: Report dated July 16, 1980, from the Director of Public Works advising that on July 10th the SERRA Board of Directors received bids from six agencies for operation and maintenance of the Treatment Plant. The proposals are currently being evaluated and the contract is to be awarded at the SERRA meeting of July 17, 1980. It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to receive and file the report. 4. AGREEMENT FOR INTERIM DISCHARGE OF EFFLUENT TO TREATMENT PLANT - CAPISTRANO BEACH SANITATION DISTRICT FLOWS (SERRA) (79) Written Communications: Report dated July 16, 1980, from the Director of Public Works advising that the Capistrano Beach Sanitary District has -15- 7/16/80 415 requested additional time to evaluate the agreement before ratification by the SERRA Board. The item will be resubmitted at a later date. 5. ACCEPTANCE OF GRANT FUNDS/PREPARATION OF PLANS AND SPECIFICATIONS - DESCANSO RECREATIONAL BRIDGE (41) Written Communications: (62) Report dated July 16, 1980, from the Director of Public Works advising that Senate Bill 821 funds in the amount of $55,000, and Senate Bill 244 funds in the amount of $90,000 have been awarded to the City for construction of the Descanso Recreational Bridge. A City -match is required only for Senate Bill 244 funds, which will amount to $9,000, funded from the 1980-81 budget for bike trail purposes. The total estimated cost of the project is $150,000. Acceptance of Grant Funds: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to accept Senate Bill 821 and 244 grant funds in the amount of $55,000 and $90,000, respectively, for the Descanso Recreational Bridge, to authorize the Mayor and City Clerk to execute the Agreements on behalf of the City, and to authorize the preparation of plans and specifications for the project. 6. CONSTRUCTION IN SAN JUAN CREEK, ASSESSMENT DISTRICT 78-3 AND SAN JUAN CREEK GOLF COURSE (CLARKE CONTRACTING) (74) Written Communications: Report dated July 16, 1980, from the Director of Public Works requesting approval of repair of damaged portions of the San Juan Creek golf course and removal of sediment from San Juan Creek. The work would be done by Clarke Contracting Corporation, contractors for Assessment District 78-3, and would extend in the channel from the freeway to La Novia bridge. Approval of Restoration Work: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to approve the restoration of the San Juan Creek Golf Course and the removal of sedimen- tation from San Juan Creek by Clarke Contracting Corporation. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF ACTIONS OF JULY 9, 1980 (67) Council received copies of the July 9th actions of the Planning Commission. Councilman Thorpe noted the approval of AC 79-18 and Zone Variance 80-15, the construction of a church in the style of the Old Stone Church on the Mission grounds which was destroyed by earthquake in 1812. The Variance approved a height limit of 50 feet for the building proper and 104 feet for the church tower, exceeding the City's 35 -foot height limit regulations. Mr. Thorpe moved to appeal the Planning Commission approval and the motion failed for lack of a second. Mayor Hausdorfer ordered the report received and filed. Council Right -of -Appeal: With Council concurrence, Mayor Hausdorfer directed that staff prepare a memorandum clarifying the extent of an individual Council Member's right to appeal decisions of Boards and Commissions. -16- 7/16/80 416 COUNCIL ACTIONS 1. APPOINTMENTS TO BOARDS AND COMMISSIONS (23) Written Communications: Report dated July 16, 1980, from the City Manager forwarding applications on file for the vacant positions on the City's Boards and Commissions. Appointments for the terms ending June 30, 1981, were considered and the City Clerk called the roll, as follows: (23) Architectural Board of Review: Councilman Schwartze nominated Jim Allen; Mayor Hausdorfer nominated James Atkins. Jim Allen was appointed, with Councilman Friess, schwartze and Buchheim voting for and Councilman Thorpe and Mayor Hausdorfer voting against. (62) Parks and Recreation Commission: Councilman Friess nominated Robert Ferguson, who was appointed by unanimous vote. (67) Planning Commission: Councilman Schwartze nominated Stephen Rios, who was appointed by unanimous vote. (23) Traffic and Transportation Commission: Councilman Buchheim nominated Ronald Brown, who was appointed by unanimous vote. REVIEW OF 1980-85 FISCAL BUDGET - PUBLIC WORKS DEPARTMENT (24) Written Communications: Report dated July 16, 1980, from the Director of Public Works requesting consideration of certain items for inclusion in the 1980-85 fiscal budget. Approval of Construction Inspector Position: It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to approve the position of Construction Inspector at $17,000 per year; the additional items were held over for consideration pending receipt of the final budget figures. Council noted that the budget could be amended at a later date to include the position of Junior Civil Engineer and purchase of a replacement one -ton flat bed truck. Budget Adoption: With Council concurrence, Mayor Hausdorfer directed that the budget adoption be scheduled for the meeting of August 6th. Council concurred with the City Manager that staff be directed to prepare a schedule for Capital Projects priority meetings. COUNCIL REMARKS 1. GLENDALE FEDERAL PROJECT (46) Council concurred with the suggestion of Councilman Friess that the letter dated July 8, 1980, from Glendale Federal be placed on the Agenda for August 20th. The letter requests a study session to discuss and evaluate a plan for the development of Glendale Federal's property that is mutually beneficial to all concerned. 2. FIXED ROUTE CITY TRANSIT SYSTEM (88) Council concurred with Councilman Friess that a report on a fixed route City transit system on a trial basis be scheduled for the meeting of August 6th. Mr. Friess noted that a $15,000 grant had been received for purchase of a van for the handicapped. -17- 7/16/80 417 3. MINI PARK MAINTENANCE (SAN JUAN BEAUTIFUL) (62) Councilman Buchheim noted the letter from San Juan Beautiful, Inc., regarding the condition of the Mini Park on Camino Capistrano and the Director of Public Works advised that the parks maintenance contractor would begin replanting on August 17th. Council directed that the City Manager respond to the letter and that the Director of Public Works oversee the park maintenance. 4. PUEBLO SERRA SYCAMORE TREE (68) Councilman Buchheim noted the letter dated July 14, from (74) San Juan Beautiful President Margie Chard regarding concerns (61) with the status of the California sycamore tree when - development of Pueblo Serra occurs. Mr. Buchheim advised he would contact the organization. 5. MEETING SCHEDULES (32) With Council concurrence, Mayor Hausdorfer directed that the following matters be scheduled for future meetings: (1) Workshop on Pueblo Serra Development to discuss road alignments, the bridge, Alipaz north, railroad crossing, etc. - August 6, 1980, at 4:30 p.m., in the Hot Springs Dance Hall. (2) Downtown Plaza and Parking Study - August 27, 1980, at 7:00 P.M., in the Hot Springs Dance Hall. (3) Hillside Development Guidelines, second Workshop - September. (4) Architectural Guidelines Workshop - in the Fall. 6. DESIGNATION OF MAYOR PRO TEMPORE (FRIESS) (32) Mayor Hausdorfer noted that both he and Mayor pro tem Schwartze would be out of the City from July 23 through 25 and requested that an alternate be named. It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to appoint Councilman Friess as alternate Mayor pro tempore for the period July 23-25, 1980. 7. ACCEPTANCE OF RESIGNATION - PLANNING COMMISSIONER ABE (67) It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to accept the resignation from the Planning Commission dated June 17, 1980, from Mary Morgan Abe. 8. CAMINO CAPISTRANO SOUTH STREET CONDITIONS (83) Mayor Hausdorfer requested that the Director of Public Works investigate the status of street improvements in the vicinity of the Napoli Carwash. 9. REQUEST FOR PURCHASE OF CITY EXCESS PROPERTY (73) Councilman Schwartze advised that an inquiry had been received about City properties adjacent to Alipaz North, and staff was directed to investigate the status for possible sale or bid procedures. 10. SISTER CITIES PROGRAM (32) Councilman Schwartze reported that 45 people had attended the (34) meeting on July 10, 1980, and suggested Council may wish to take future action on forwarding Resolutions to the Cities of Goya, Argentina, and Petra, Mallorca. -18- 7/16/80 11. WEED ABATEMENT (74) Councilman Schwartze requested that the Director of Public Works check the status of weed removal near Capistrano Valley Mobile Estates. 12. MOBILE HOME PARK REVIEW BOARD MEETING (23) It was moved by Councilman Thorpe, seconded by Councilman Friess and unanimously carried that the Secretary to the Board ' be directed to call a meeting for the purpose of recommending possible Ordinance amendments to the City Council. RECOVERY OF COURT COSTS - FREDRICKS DEVELOPMENT AND GLENDALE FEDERAL LITIGATION (30) It was moved by Councilman Buchheim, seconded by Councilman (35) Thorpe and unanimously carried that attorney Stephen Coontz (46) be authorized to seek recovery of costs from the City's (85) insurance coverage firms for defense of the City's land use regulations in suits involving Fredricks Development and Glendale Federal. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:40 P.M., to the next meeting date of Wednesday, August 6, 1980, at 4:30 P.M., in the San Juan Hot Springs Dance Hall. Respectfully submitted, MARY ANN 3PiNOVER, TIT17 CLERK ATTEST: -19- 7/16/80