78-0802_CC_Minutes_Regular Meeting1
AUGUST 2, 1978
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Friess at
7:02 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Rick Gunn,
Community Christian Church.
COMMEMORATION
(36) A Minute of Silence was observed in memory of John D. Taylor.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
James F. Thorpe, Mayor pro tem
Lawrence F. Buchheim, Councilman
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, 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/City Engineer;
Thomas G. Merrell, Director of Community Planning and Development;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of July 19, 1978:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of July 19, 1978,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Hausdorfer, Thorpe and Buchheim
NOES: None
ABSTAIN: Councilman Schwartze and Mayor Friess
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer that all Ordinances be read by title only. The
motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION OF WHITE CANE DAYS,
AUGUST, 1978 (CAPISTRANO LIONS CLUB)
(71) Mayor Friess read in full the Proclamation designating the
month of August as White Cane Days in the City, as requested
by the Capistrano Lions Club.
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to authorize the Mayor to
sign the Proclamation on behalf of the City.
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2. ORANGE COUNTY WATER QUALITY MANAGEMENT PRESENTATION -
FEDERAL 208 PLAN
(89) Marilyn Jacobs, representative of Toups Corporation, made
an oral presentation on behalf of the County Environmental
Management Agency with regard to Public Law 92500, the
Federally mandated 208 Plan for area -wide waste treatment
management. Ms. Jacobs advised that the County is reviewing
all aspects of the Plan to determine whether waters are
safe for recreation uses and aquatic life; the relationships
between population growth and water pollution will be set —
forth with population projections adopted as part of the Plan.
The City will receive the draft Plan for comment during
October; and, following Public Hearings, cities will be
requested to implement the Plan.
In response to Mayor Friess, Ms. Jacobs advised that the
major cost impacts will be borne by cities. Councilman
Thorpe noted that there should be consideration for those
agencies which have already enacted population controls.
Council thanked Ms. Jacobs for her presentation.
3. HELICOPTER SERVICE
(88) Councilman Schwartze cited an article in the July 14th
edition of the Daily Sun -Post newspaper which contained
erroneous information regarding consideration of possible
helicopter service in the City. Mr. Schwartze advised that
the Aero -Commuter Company has expressed an interest in
locating in the City and requested an early correction of
the newspaper article.
ORAL COMMUNICATIONS
1. COMPLAINTS - GIDDINGS FRUIT STAND/
PROPOSED REQUEST FOR REZONE
(72) Council received copies of the following correspondence
(95) regarding property at 28341 Ortega Highway, known as the
Giddings Fruit Stand:
(1) Letter dated July 11, 1978, from Gary L. Musacco,
17795 Sky Park Circle, Suite K, Irvine 92714,
in opposition to rezoning and expansion of the
property;
(2) Letter dated July 12, 1978, from Milton Long,
28333 Ortega Highway, citing improper use of
property zoned "Small Farm," construction of a
metal building, proposed expansion, and traffic
problems;
(3) Letter dated July 31, 1978, from H.J. Giddings and
R.W. Giddings, 28341 Ortega Highway, in response
to the letters from Mr. Musacco and Mr. Long;
(4) Postcard received August 1, 1978, from James and
Meadrith Manley, 15111 Bushard, Westminister 92683,
in support of the existing market operation;
(5) Marilyn Williams, 29931 Camino Capistrano, addressed
the Council and read a letter dated August 2, 1978,
from Mr. and Mrs. Carl H. Hankey, P. 0. Box 267,
in support of the market operation.
(6) Roy L. Byrnes, 28355 Ortega Highway, addressed the
Council and presented a letter dated August 1, 1978,
requesting that a non -conforming land use be terminated,
that sales be limited to locally grown produce, and
that further expansion of the operation be prevented.
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Mr. Giddings addressed the Council and advised that their
intention is to request commercial zoning in order to
build a ranch -style market.
With the concurrence of Council, Mayor Friess referred the
letters to the Director of Community Planning and Development;
further report will be forthcoming if an application for
CN (Neighborhood Commercial) zoning is made.
2. DOWNTOWN PLAZA AND PARKING STUDY
' (OLD MISSION DISTRICT BUSINESS AND PROPERTY OWNERS ASSOCIATION)
(68) Betty Elder, Secretary, Old Mission District Business and
Property Owners Association, addressed the Council regarding
the letter submitted on August 2nd by the Association in
support of continuance of the Downtown Study. Mrs. Elder
stated that the Association wishes to cooperate in every
way to beautify the downtown area and entrance to the City.
3. COMMISSION REPRESENTATION
(23) Jim Allen, Member of the Traffic and Transportation Commission,
advised that he was present to answer any questions regarding
recommendations made to the Council.
Mayor Friess announced that an executive session would be held at
approximately 9:00 P.M.
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 78-1 (KING)
(46) Proposal:
Amendments to the General Plan Composite Land Use Map,
Circulation Element, and Bikeway System Map of the Parks
' and Recreation Element.
The project would change the existing land use designations
on approximately 479.52 acres of land located northeast of
the San Diego Freeway and bounded by San Juan Hills Golf
Course to the north, Alto Capistrano and Meredith Canyon
developments to the east, and the Prudential Planned
Community to the south. The proposal consists of 214
acres of residential use, 233 acres of open space including
a 42 -acre private golf course in the prior landfill area,
37 acres of limited commercial/industrial, and a 7.8 -acre
school site. The project also includes an amendment to the
Circulation Element of the General Plan to include an
extension of Valle Road to Camino Las Ramblas at Via
California, the construction of Route "D" from Avenida
Calita to the new Valle Road, a commuter road from San Juan
Creek Road, and an interior looped road system. The
Amendment to the Bikeway System Map would provide for a
local bikeway connecting Camino Las Ramblas to San Juan
Creek Road.
Applicant:
Chuck King, 26872 Calle Hermosa, Capistrano Beach 92624.
The 17 property owners are listed in the Planning Department
' report of April 25, 1978.
Written Communications:
(1) Report dated August 2, 1978, from Raymundo Becerra,
Acting Director of Community Planning and Development,
forwarding the recommendation of approval made by
the Planning Commission on June 13, 1978.
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(2) Environmental Impact Report dated April 24, 1978,
prepared by Westec Services, Inc., 180 East Main
Street, Tustin 92680.
(3) Report dated July 25, 1978, from Tom Tomlinson,
Associate Planner, regarding the Bridges/Overton
parcel.
(4) Letter dated July 28, 1978, from Bruce H. Lewis,
Woodward Dike Landscape Architects and Planners,
580 Broadway, Laguna Beach 92651, regarding the
Bridges/Overton parcel.
Exhibits were on display and Tom Tomlinson, Associate Planner,
made an oral presentation and identified specific areas of _
concern related to the major cut and fill operations required
to develop the Window Hill area and development concepts for
the McCracken Hill area. Councilman Thorpe noted that the
proposal appeared fairly specific and inquired whether the
proposal was conceptual or intended commitment by the City.
Mr. Tomlinson advised that the intent was to be specific.
The Director of Community Planning and Development clarified
that the proposal is a refinement of the existing General
Plan designations. With the concurrence of the Council,
Mayor Friess advised that no action would be taken on the
proposal at this meeting and that following the Public Hearing
the item would be continued to the meeting of August 16th
for further evaluation.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open and inquired if anyone in
the audience wished to address the Council. The following
persons responded:
(1) Jim Bochniaiz, 33522 Avenida Calita, presented a
petition signed by 36 residents requesting that
Avenida Calita not be extended, that construction
traffic be prohibited from using existing residential
streets, and that the proposed school site be placed
as far as possible from existing housing.
(2) Carol McPherson, 33775 Via de Agua, spoke in favor
of the project.
(3) Richard K. Overton, 25291 Swan Way Court, Dana Point,
92629, one of four owners of a 2.18 -acre parcel of land
on McCracken Hill, addressed the Council and presented
copies of a letter dated August 2, 1978. Mr. Overton
requested that the proposed land use designation of
Open Space Recreation for the property be rejected and
took exception to the noise measurements made within
the project area. With regard to grading, Mr. Overton
stated that the amount of earth to be moved amounts to
1/10th of 1 percent of the amount to be moved on
Window Hill.
(4) Bob McCall, 33512 Avenida Calita, stated that the school
site was not centrally located and would generate traffic
on Via de Agua and noted the amount of earth to be moved
in the area.
(5) Ellen Gillette, 33782 Via de Agua, requested approval
of the General Plan Amendment as submitted.
(6) Kevin Clancy, 33611 Avenida Calita, stated that
motorists would continue to use Via de Agua rather
than Route D.
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(7) Ed Bixler, 33562 Avenida Calita, cited increases in
traffic, a school site on high valued tax base property,
and traffic hazards on Avenida Calita.
(8) Phil Kilbride, owner of property on McCracken Hill,
stated he hoped to develop his property according to
current ES (Large Estate) zoning.
(9) Eric Eklund, 16701 Hilton Lane, Huntington Beach, owner
of a 1.3 -acre parcel of land, requested that the property
'be designated 1.2 rather than 1.1 and that a topography
had been submitted.
(10) Ed Haworth, of Haworth, Anderson, Lafer, 31706 Pacific
Coast Highway, South Laguna 92677, addressed the Council
representing the King property and in support of the
proposal.
(11) Jim Vanderhoof, 25692 Via del Rey, noted his concerns
regarding zoning and creation of open space.
(12) Bernard Larsen, 33551 Avenida Calita, stated that
location of a school site near Camino Las Ramblas
would be more economical and more accessible and
suggested that Calita either have a more circuitous
route or end in a cul-de-sac in order to retain the
residential nature of the existing homes.
Continuation of Public Hearing:
There being no one else wishing to address the Council, it
was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that the Public Hearing
be continued to the next meeting of August 16, 1978, at
7:00 P.M., in the City Council Chamber, for further evaluation
of the General Plan Amendment.
EXECUTIVE SESSION
Council recessed at 9:20 P.M., to an Executive Session for discussion
of legal matters, the City Clerk being excused therefrom, and
reconvened at 10:02 P.M.
ADMINISTRATIVE ITEMS
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. SYSTEMS DEVELOPMENT TAX -
REPORT OF FEES COLLECTED JUNE 30, 1978
(86) This report was taken out of order for the benefit of members
of the audience.
Written Communications:
Report dated August 2, 1978, from the Director of Public
Works providing a list of building permits issued on
June 30, and the amounts paid pursuant to Ordinance No. 364,
the Systems Development Tax, adopted June 29th.
The following persons addressed the Council to request
refund of Systems Development taxes paid on June 30th:
' (1) John Waddell, B. H. Miller Construction Company;
(2) Matthew Loonin, Patrick Development;
(3) Phil Kilbride, Kilbride Construction Company,
who noted that he had actually paid $1,271.36, or
$44.00 more than the report indicates;
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(4) Jim Cude, Wilshire Diversified/Glendale Federal.
Refund of Systems Development Taxes Paid Prior to July 1:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to determine that it was
the City Council's intent in adopting Ordinance No. 364 that
it apply to those persons or firms which were issued building
permits beginning on July 1, 1978; Systems Development Taxes
paid prior to July 1st will be refunded.
PUBLIC HEARINGS (CONTINUED)
2. PROPOSED AMENDMENT TO LAND
CODE
(55) Proposal:
Approval of draft amendments to Chapter One of Ordinance
No. 293, subject to future formal adoption of amendments
to the entire Land Use Management Code.
Written Communications:
Report dated August 2, 1978, from Raymundo Becerra, Acting
Director of Community Planning and Development, forwarding
the recommendation of approval made by the Planning Commission
on July 11, 1978.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no
response, declared the Hearing closed.
Approval of Chapter One Draft Amendments:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the draft
amendments to Chapter One of Ordinance No. 293, subject
to future formal adoption of amendments to the entire Code.
ORDINANCES
1. UNIFORM BUILDING CODE, 1976 EDITION
(ADOPTION OF ORDINANCE NO. 367)
(25) The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was introduced at
the meeting of July 19, 1978. It was moved by Councilman
Buchheim and seconded by Councilman Hausdorfer that the
following Ordinance be adopted:
ORDINANCE NO. 367, UNIFORM BUILDING CODE, 1976
EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING BY REFERENCE
THE UNIFORM BUILDING CODE, 1976 EDITION, WITH
APPENDIX AND AMENDMENTS THERETO; AND ADOPTING
THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION,
AND GRADING AND EXCAVATION REGULATIONS, AND
REPEALING ORDINANCE NO. 268
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe and Buchheim
NOES: None
ABSTAIN: Councilman Schwartze and Mayor Friess
ABSENT: None
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2. UNIFORM MECHANICAL CODE, 1976 EDITION
(ADOPTION OF ORDINANCE NO. 368)
(25) The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was introduced at
the meeting of July 19, 1978. It was moved by Councilman
Thorpe and seconded by Councilman Buchheim that the following
Ordinance be adopted:
' ORDINANCE NO. 368, UNIFORM MECHANICAL CODE, 1976
EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING BY REFERENCE
THE UNIFORM MECHANICAL CODE, 1976 EDITION, WITH
AMENDMENTS, AND REPEALING ORDINANCE NO. 270
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe and Buchheim
NOES: None
ABSTAIN: Councilman Schwartze and Mayor Friess
ABSENT: None
3. UNIFORM HOUSING CODE, 1976 EDITION
(ADOPTION OF ORDINANCE NO. 369)
(25) The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was introduced at
the meeting of July 19, 1978. It was moved by Councilman
Hausdorfer and seconded by Councilman Thorpe that the
following Ordinance be adopted:
ORDINANCE NO. 369, UNIFORM HOUSING CODE, 1976
EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING BY REFERENCE
THE UNIFORM HOUSING CODE, 1976 EDITION, WITH
CERTAIN EXCEPTIONS AND AMENDMENTS THERETO AND
REPEALING PORTIONS OF ORDINANCE NO. 268
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe and Buchheim
NOES: None
ABSTAIN: Councilman Schwartze and Mayor Friess
ABSENT: None
4. ABATEMENT OF DANGEROUS BUILDINGS, 1976 EDITION
(ADOPTION OF ORDINANCE NO. 370)
(25) The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was introduced at
' the meeting of July 19, 1978. It was moved by Councilman
Buchheim and seconded by Councilman Thorpe that the following
Ordinance be adopted:
ORDINANCE NO. 370, DANGEROUS BUILDINGS CODE, 1976
EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
1976 EDITION
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5.
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe and Buchheim
NOES: None
ABSTAIN: Councilman Schwartze and Mayor Friess
ABSENT: None
1RM PLUMBING CO
NO. 371
POOL
(25) The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was introduced at
the meeting of July 19, 1978. It was moved by Councilman
Thorpe and seconded by Councilman Hausdorfer that the
following Ordinance be adopted:
ORDINANCE NO. 371, UNIFORM PLUMBING CODE, 1976
EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REPEALING THE 1973 EDITION
OF THE UNIFORM PLUMBING CODE AND ADOPTING BY
REFERENCE THE 1976 EDITION OF THE UNIFORM PLUMBING
CODE, INCLUDING APPENDICES, AND ADOPTING MODIFICATIONS
AND AMENDMENTS THERETO AND ADOPTING THE 1976 UNIFORM
SWIMMING POOL CODE WITH CERTAIN EXCEPTIONS, AND
REPEALING ORDINANCE NO. 269
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe and Buchheim
NOES: None
ABSTAIN: Councilman Schwartze and Mayor Friess
ABSENT: None
6. NATIONAL ELECTRICAL CODE, 1978 EDITION
(ADOPTION OF ORDINANCE NO. 372)
(25) The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was introduced at
the meeting of July 19, 1978. It was moved by Councilman
Hausdorfer and seconded by Councilman Thorpe that the
following Ordinance be adopted:
ORDINANCE NO. 372, NATIONAL ELECTRICAL CODE, 1978
EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE NATIONAL
ELECTRICAL CODE, 1978 EDITION, AND REPEALING
ORDINANCE NOS. 271 AND 272
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe and Buchheim
NOES: None
ABSTAIN: Councilman Schwartze and Mayor Friess
ABSENT: None
8/2/78
�l
RESOLUTIONS
1. 1978-79 INTERIM BUDGET AMENDMENT -
CITY HALL REMODEL
(24) Proposal:
An increase in the 1978-79 interim fiscal budget for the
remodel of City Hall in the amount of $20,000, for a total
project cost of $115,000, said funds to be obtained by
' transfer from the General Fund.
Written Communications:
Report dated August 2, 1978, from the Director of Public
Works.
Approval of Budget Modification:
It was moved by Councilman Thorpe and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 78-8-2-1, AMENDING THE INTERIM
BUDGET FOR 1978-79 FISCAL YEAR - CITY HALL REMODEL -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE INTERIM
BUDGET FOR 1978-79 FISCAL YEAR
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. CONDEMNATION OF SEWER LINE EASEMENT
VILLAGE SAN JUAN TRACT 8786 FOR SER
TRACT 9578 (MOGAN)
(25) Proposal:
Acquisition of an easement through Lot E, Tract 8786
(Village San Juan) to provide sanitary sewer service to
Tract 9578 (Mogan).
Written Communications:
Report dated August 2, 1978, from the Director of Public Works
advising that due to regulations of the Village San Juan
Homeowners Association acquisition of the easement is all
but impossible except through condemnation proceedings. The
report also includes a letter dated July 8, 1978, from Richard F.
Mogan and a letter dated July 21, 1978, from Christiansen
and Associates, consulting engineers.
Jack Wilson, President, Village San Juan Homeowners Association,
addressed the Council in opposition to the proposal and
requested that action be postponed and other alternatives
explored. Mr. Wilson cited the steepness and disruption of
the hill area as concerns, as well as the easement crossing
the park area where children play.
' Richard Mogan, 267 Tigertail Road, Los Angeles 90049, owner
of the area of Tentative Tract 9578, advised that at the
request of the Homeowners Association, he had provided
engineering consultant services selected by the Association,
and had agreed to post a guard at the project for the protection
of children. Mr. Mogan asked that the project not be postponed.
In response to Mayor Friess, the Director of Public Works
advised that the only other sewer available for connection
is at Rancho Viejo Road, which would be a much more extensive
project.
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Authorization for Condemnation
t
for Bonding:
It was moved by Councilman Thorpe and seconded by Councilman
Hausdorfer that the following Resolution be adopted and
that staff be directed to require bonding from Mr. Mogan
in an amount appropriate to insure the replacement of the
parkspace landscaping and completion of the project:
RESOLUTION NO. 78-8-2-2, CONDEMNATION OF SEWERLINE
EASEMENT FOR SANITARY SEWER PURPOSES - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN REAL PROPERTY IN THE CITY OF SAN JUAN
CAPISTRANO AND DECLARING A NECESSITY THEREFOR
(TRACT 9578 - MOGAN)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Mike Toriello, Millpond Court, then addressed the Council
in opposition to the easement and to request that Council
get majority approval of the Homeowners Association prior
to any action. Mr. Toriello also suggested various
alternatives.
BIDS, CONTRACTS, AGREEMENTS
1. LIABILITY INSURANCE RESERVE FUND
(49) Proposal:
Establishment of a Liability Insurance Reserve Fund and award
of the City's insurance coverage. The City's liability
insurance policy was cancelled by Harbor Insurance Company
effective August 1, 1978, since that company is withdrawing
from the municipal insurance field.
Written Communications:
Report dated August 2, 1978, from David B. Smith, Administrative
Services Officer.
Authorizatic
to Establish Fund and Award of Insurance
It was moved by Councilman Thorpe, seconaea oy councilman
Hausdorfer and unanimously carried to authorize staff to
establish a Liability Insurance Reserve Fund in the amount
of $50,000, to amend the budget by an additional $17,000, and
to authorize the City Manager to execute an Agreement between
the City and Dan Gorman Insurance and H & W Insurance Service
for City liability insurance in the amount of $61,567.00.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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8/2/78
11
1. APPROVAL OF WARRANTS
(41) The List of Demands dated August 2, 1978, Warrants Nos. 14713
through 14777, inclusive, in the total amount of $175,068.50,
is approved as submitted.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JULY 24, 1978
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of July 24, 1978, is ordered received and filed.
3. REPORT OF PLANNING COMMISSION MEETING OF JULY 25, 1978
(67) The Report of Actions taken by the Planning Commission at
the meeting of July 25, 1978, is ordered received and filed.
4. CLAIMS AGAINST THE CITY -
STAUDENBAUR
(35) The Claim filed by Arthur and Pat Staudenbaur for damages
allegedly occurring from a vehicle accident on April 4, 1978,
is denied and referred to the City's insurance carrier, Dan
Gorman Insurance, as set forth in the report dated August 2,
1978, from the City Clerk.
5. RELEASE OF BOND FOR SUBSIDENCE -
PACESETTER HOMES, TRACT 6742
(85) The City Clerk is authorized to release the following bond
(49) posted by Pacesetter Homes to insure repair of paving and
waterline damage caused by subsidence in Tract 6742:
Bond No. 2584455 issued by Safeco Insurance
Company in the amount of $75,000.
' 6. ACCEPTANCE OF EASEMENT FOR PUBLIC UTILITY
PURPOSES, TRACT 9284
(KING MELFORD PROPERTIES)
(85) The Easement from the First American Trust Company, 421
(91) North Main Street, Santa Ana, for the purpose of connecting
Tract 9284 with utilities in Camino Las Ramblas is accepted;
the City Clerk is directed to forward the Easement to the
Orange County Recorder, as set forth in the report dated
August 2, 1978, the Director of Public Works.
7. HOT SPRINGS DANCE HALL RENOVATION
EXTENSION OF COMPLETION DATE
(23) Change Order No. 1 for the Hot Springs Dance Hall Renovation
Project is approved, as set forth in the report dated
August 2, 1978, from the Director of Public Works. The
Change Order grants a one-month extension to October 30,
1978, for the completion date of the project by Roland
Olsen, General Contractor, due to unavailability of concrete.
8. ACCEPTANCE OF EQUESTRIAN AND DRAINAGE EASEMENT,
TRACT 9373 (GLENDALE FEDERAL)
(85) The Easement from Glendale Federal Savings and Loan Association
(91) 401 North Brand Avenue, Glendale 91209 for equestrian trail
and drainage purposes is accepted, as set forth in the report
dated August 2, 1978, from the Director of Public Works. The
City Clerk is directed to forward the Easement Deed to the
Orange County Recorder.
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REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
OF JULY 6 AND 20, 1978 - STREET LIGHT PROGRAM
(23) Council received copies of the Report of Traffic and
(53) Transportation Commission Actions from George Alvarez,
Commission Secretary. The Commission's recommendation
regarding the street de-energization program was discussed
with Commissioner Jim Allen, who clarified that the study
zone denied on July 6th consisted of a large area of over
400 street lights; the Commission would be willing to
continue the program on a smaller scale.
There was a consensus of the Council that the report be
received and filed and that the Commission continue the
street light de-energization program using more limited _
study zones than the one denied on July 6th.
MODIFICATIONS TO SAN JUAN CREEK ROAD
(BLACK MOUNTAIN VILLAS)
(85) Council received copies of a report dated August 2, 1978, from
(83) the Director of Public Works. It was moved by Councilman
Thorpe, seconded by Councilman Schwartze and unanimously
carried as follows:
(1) The City Council hereby confirms its policy related
to the improvement of San Juan Creek Road northeasterly
of its present terminus as promulgated in Planning
Commission Resolution No. 76-9-28-2 and for purposes
of clarification defines "subject area" as stated in
paragraph 2 of said Planning Commission Resolution as
specifically that location referred to as "Hidden
Valley" (that area northeast of tentative tract 10134 -
Diffley).
(2) Direct staff to implement the conditions of approval for
tract 10293 (Black Mountain Villas) in such a manner
that the assessment district proceedings are not
commenced and that the developer shall be obligated
only for the improvements along the tract frontage as
promulgated in conditions 6 and 7 of City Council
Resolution No. 78-7-5-2.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REVIEW OF PLANNING COMMISSION APPOINTMENTS
(67) Council received copies of a report from the City Manager
regarding the current membership of the Planning Commission,
as directed by Council on July 5th.
Re -affirmation of Appointments:
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to re -affirm the current
terms of Planning Commissioners Berns, Davies, and Tyler,
said terms to expire on April 30, 1979, as set forth in
Ordinance No. 321; appointments to fill the two existing
vacancies on the Commission will be considered at the
meeting of August 16, 1978.
2. PERSONNEL VACANCIES
(66) Council received copies of a report dated August 2, 1978,
from the City Manager regarding replacement hiring to fill
two personnel vacancies, pursuant to Resolution 78-6-21-3.
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to concur with the City
Manager's approval for replacement hiring of the following
positions: Sanitary Treatment Plant Operator III and
Secretary to the City Manager.
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CITY CLERK
1. APPOINTMENT OF ALTERNATE DELEGATE TO
ORANGE COUNTY HEALTH PLANNING COUNCIL
(66) Council received copies of a report dated August 2, 1978,
from the City Clerk advising that the appointment of a
professional member as the City's Alternate Delegate to
the Orange County Health Planning Council would cause no
membership imbalance and is acceptable to the Planning
Council. The information was requested by Council on
July 19th.
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that Jerry Kaufman, 27001
' Calle Don Carlo, be appointed as the Alternate Delegate to
attend Assembly meetings in the absence of the City's
appointee to the Orange County Health Planning Council.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. INITIATION OF GENERAL PLAN AMENDMENT 78-2
(46) Council received copies of a report dated August 2, 1978,
from Raymundo Becerra, Acting Director of Community
Planning and Development, advising that two petitions
for initiation of General Plan Amendments have been
received, as follows:
(1) An integrated development plan for the 310 -acre
Honeyman Ranch, to be known as "The Ranch,"
submitted by George Riley, 23011 Moulton Parkway,
Laguna Hills 92653;
(2) A change in land use designation for the Vermeulen
' Ranch Market submitted by the Agriculture Preservation
Committee.
Initiation of Amendment:
It was moved by Councilman Schwartze and seconded by
Councilman Thorpe, as follows:
(1) Initiate General Plan Amendment 78-2 for consideration
of the following petitions:
Item A: Honeyman
Item B: Vermeulen - change in land use designation
from 4.2 (Agri -business) to 2.0 (Neighborhood
Convenience Center)
Refer the items to the Planning Commission for review
and recommendation in accordance with the Land Use
Management Code.
(2) Note that initiation of the General Plan Amendment in no
way implies the City's intent to approve either of
the two proposed amendments.
' The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim, as part owner of
property within the area of Honeyman Ranch
ABSENT: None
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13
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. REPORT ON ALTERNATIVES TO AGREEMENT TO
POSTPONE PUBLIC IMPROVEMENTS (FOLGNER)
(93) Council received copies of a report dated August 2, 1978,
(83) from the Director of Public Works regarding the request for
a waiver of the requirement to construct street improvements
on Ortega Highway submitted by C. Bennett Jackson, Jr., on
behalf of Mr. and Mrs. Ronald Folgner. Mr. Jackson addressed
the Council to request relief for his clients. —
The City Manager recommended that Council accept an agreement
from the Folgners that they will not protest formation of an
assessment district to improve the Ortega Highway; at such
time as a district is 'formed, State law requires that an
engineer spread the assessment charges, and Council could
determine project funding at that time.
Mr. Jackson stated that such agreement would be acceptable.
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the City
Manager's recommendation.
COMMISSIONS, BOARDS, COMMITTEES
TRAFFIC AND TRANSPORTATION COMMISSION
1. APPROVAL OF STOP SIGN INSTALLATION AT VIA
CORDOVA/VIA MADERA AND "DO NOT PASS" SIGN
(82) It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the installation
of a stop sign on Via Madera at its intersection with Via
Cordova and to request that Caltrans install a "Do Not Pass"
sign on Ortega Highway, as set forth in the report dated
August 2, 1978, from George Alvarez, Traffic Commission
Secretary.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. PLANNING COMMISSION VACANCIES
(67) It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to accept the resignation
from the Planning Commission submitted by George Riley. A
resolution of commendation is to be prepared for Council
consideration on August 16th.
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried that a resolution be
prepared for the meeting of August 16th commending John
Taylor for his service on the Planning Commission until his
death on July 28th.
2. DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE
(68) Acceptance of Resignation:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to accept the resignation
from the Downtown Plaza and Parking Study Committee submitted
by Robert Gannon and to direct that a resolution of commendation
be prepared for the meeting of August 16, 1978.
Letter From Old MiE
Owners Association:
Mayor Friess noted
1978, signed by 11
;ion District Business
receipt of a letter dated August 1,
members of the Association in support
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8/2/78
15
of a master plan to complete the basic improvements of the
downtown area. The Association requests that the matter be
given top priority and that the Association be accepted
as a liaison committee with Council and staff. Consideration
of the matter will be scheduled for the Council meeting of
September 6, 1978.
3. SUN HOLLOW BUILDING DEFICIENCIES
(25) Councilman Schwartze noted that Mr. Clancy has indicated
' he is expecting a letter from the City recommending agencies
to contact with regard to alleged building deficiencies
within the Sun Hollow development.
4. CAPISTRANO AMTRAK STOP
(88) Councilman Schwartze suggested that residents write to
Amtrak officials in support of the retention of train stops
at the Capistrano Depot since closure of south County stations
is being considered.
5. TRAFFIC
(87) Councilman Buchheim noted receipt of complaints of vehicle
parking congestion in the vicinity of the Regional Occupation
Program office.
Councilmen Buchheim and Thorpe noted that asphalt paving of
student paths to schools near the Vermeulen property on
Del Obispo Street and the Village San Juan development may
be an item of consideration due to future limiting of school
bus transport.
6. ORANGE COUNTY PHONE BOOKS
(90) Councilman Thorpe noted the proposed new area designations
for Orange County telephone books may be a burden for residents.
The City Manager advised that he would forward a written
analysis of the proposal.
7. 1978-83 FISCAL BUDGET DISCUSSIONS
(24) In response to Councilman Thorpe, the City Manager advised
that budget discussions will begin the first meeting in
September.
8. REQUEST FOR SISTER CITY AFFILIATION
(34) Mayor Friess noted the recent request from the City of
Goya, Argentina, for designation as a Sister City as
being appropriate and beneficial. With the concurrence
of Council, Mayor Friess directed staff to proceed with the
proposed affiliation.
9. REQUESTS
(76) Council determined that no action would be taken on the
following requests:
' (1) Request for a message tribute to Congressman Badham
dated July 28, 1978, from the Badham Congressional
Committee;
(2) Request for a donation to establish a memorial to
Orange County Vietnam veterans dated July 24, 1978,
from Supervisor Anthony.
Mayor Friess indicated he would respond to the letters.
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1
Councilman Thorpe suggested that
involvement in political issues
do not affect the City directly,
on an individual basis.
the Council refrain from
and charitable causes which
with any endorsement being
10. NATIONAL UNITED NATIONS DAY CHAIRMAN
(89) Mayor Friess advised that a request had been received for
appointment of a Chairman for the national United Nations
Day observance on October 24th. Mr. Friess requested press
coverage to assist in filling the position.
11. SENATE BILL 90, STATE MANDATED PROGRAMS -
REQUEST FOR INFORMATION
(51) Mayor Friess noted receipt of a letter from Assemblyman Cordova
requesting a list of State mandated programs and their costs
to cities and requested that the Director of Administrative
Services draft a response for the Mayor's signature.
12. TRAFFIC CONGESTION -
PACIFIC DRIVE-IN THEATRE
(87) There was a consensus of the Council that staff be directed to
communicate with representatives of the Pacific Drive -In
Theatre regarding traffic congestion on Del Obispo Street
caused by motorists attempting left-hand turns.
13. MULTI -MODAL TRANSPORTATION STUDY
(88) The Director of Community Planning and Development advised
that the application for location of a multi -modal transportation
center is due to be filed by August 16th and advised that most
of the funds needed beyond the Council -approved $2500 are expected
to be received from business interests in the downtown area.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:25 A.M., Thursday, August 3, 1978, to the next
regular meeting date of Wednesday, August 16, 1978, at 7:00 P.M.,
in the City Council Chamber.
ATTEST:
KENNETH E. FR ESS, MAYOR
Respectfully submitted,
MARY AN HANOVER, CITY CLERK
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