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
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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
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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.
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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.
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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.
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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:
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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.
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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:
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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
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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:
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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.
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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
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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
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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.
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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.
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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.
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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:
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