78-0816_CC_Minutes_Regular Meeting1'7
AUGUST 16, 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
7:04 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Esther Martin,
Baha'is of San Juan Capistrano.
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; Cheryl Johnson, Deputy City Clerk.
MINUTES
Regular Meeting of August 2, 1978:
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe that the Minutes of the Regular Meeting of August 2, 1978,
be approved with the following correction to Page 9, Resolutions,
Item 1, City Hall Remodel, third line, $150,000 to be corrected
to $115,000. The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
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. RESOLUTION COMMENDING PLANNING COMMISSIONER GEORGE RILEY
(36) Mayor Friess read the Resolution in full commending George
Riley for his service to the City. Mr. Riley served on
the Architectural Board of Review from August 25, 1970,
to October 6, 1974, and on the Planning Commission from
April 8, 1974, until his resignation effective July 27,
1978. It was moved by Councilman Hausdorfer and seconded
by Councilman Schwartze that the following Resolution be
adopted:
-1- 8/16/78
RESOLUTION NO. 78-8-16-1, COMMENDING GEORGE W.
RILEY - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING
GEORGE W. RILEY
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Mayor Friess expressed the Council's appreciation and presented
the Resolution to Mr. Riley.
2. RESOLUTION COMMENDING PLANNING COMMISSIONER JOHN TAYLOR
(36) Mayor Friess read the Resolution in full giving posthumous
recognition and praise to John Taylor for his service to the
City. Mr. Taylor was a member of the Traffic and Transportation
Commission from February 4, 1976, until September 1, 1976,
and a member of the Planning Commission from September 1,
1976, until his death on July 28, 1978. It was moved by
Councilman Buchheim and seconded by Councilman Thorpe that
the following Resolution be adopted:
RESOLUTION NO. 78-8-16-2, COMMENDING JOHN D. TAYLOR -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING JOHN D. TAYLOR
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. CONDEMNATION OF SEWER LINE - RECONSIDERATION
OF ACTION (VILLAGE SAN JUAN HOMEOWNERS ASSOCIATION)
(25) Jack Wilson, President of Village San Juan Homeowners
Association, requested an opportunity to address this matter
when it appears on the Agenda.
Mayor Friess informed Mr. Wilson that the only action proposed
to be taken was to rescind the Resolution and set a hearing
date.
2. COMMISSION REPRESENTATION
(23) Dennis Johnson, Member of the Traffic and Transportation
Commission, advised that he was present to answer any questions
regarding recommendations made to the Council.
3. ANNEXATION AGREEMENT - BEAR BRAND RANCH, PARCEL 5A
(21) The following persons requested an opportunity to address
this matter when it appears on the Agenda:
(1) Norlyn Dull, 25962 Calle Aspero;
(2) Don Markowski, 32022 Paseo de Allesandro;
(3) Ernest Chapman, 25961 Calle Aspero.
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8/16/78
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 78-1 (KING)
(46) This Public Hearing was continued from the meeting of
August 2, 1978, for further evaluation.
The Director of Community Planning and Development reiterated
the concerns that were discussed at the meeting of August 2nd
regarding the public facilities/school site and the Open
Space designation on McCracken Hill. He offered an alternate
to the Open Space designation; that being to designate the
area a Special Study area and rezone it to Growth Management.
This would leave the issue of density to a Special Study; and,
under Growth Management zoning, an applicant could present
Council with a request for density determination. If the
density could be justified, a rezoning could occur without
the need for a General Plan Amendment. Mr. Merrell advised
that if the General Plan Amendment is approved, Mr. King will
apply for a Planned Community zoning.
Mr. Merrell presented copies of a map showing the proposed
Special Study area.
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) Phil Kilbride, P. O. Box 783, requested an opportunity
to review the map received by Council and to address
the Council after that review.
(2) Charles Buell, 33905 Calle Acordarse, expressed his
support of anything that would alleviate the traffic
problems on Via de Agua.
(3) Phil Kilbride, land owner, questioned the procedures
that would be followed for lot splits if the Special
Study designation is approved.
(4) Richard Overton, 25291 Swan Way Court, Dana Point,
asked for a clarification of the proposed Special
Study designation and Growth Management zoning and
how they would affect development of his property.
(5) Woody Dike, consultant for Mr. Overton, 580 Broadway,
Suite 218, Laguna Beach, questioned the processing of
projects under the proposed change.
(6) Ed Haworth, Haworth/Anderson/Lafer, 31706 Pacific
Coast Highway, South Laguna 92677, stated his support
of the plan as proposed and noted he is available to
answer any questions.
There being no one else wishing to address the Council, Mayor
Friess closed the Public Hearing with the right to re -open.
Mayor Friess suggested dealing with the Environmental Impact
Report first, then considering the proposal in three parts:
Forster Canyon, McCracken Hill, and Window Hill.
Acceptance of Environmental Impact Report:
Councilman Thorpe expressed concern with the circulation;
with the intent for recontouring or preserving the ridgeline;
that the Environmental Impact Report had not been updated
since Proposition 13 had been passed; and, that a policy
for usable open space and maintenance costs had not been
addressed. Mayor Friess expressed concern that the problems
of sewage disposal and the McCracken Hill and Forster Road
inadequacies should be addressed.
-3- 8/16/78
20
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to determine that the
Environmental Impact Report is adequate, noting that its
acceptance is not to be construed as concurrence with all
information contained in the report nor as approval or
denial of the General Plan Amendment.
Forster Canyon:
The Council discussed their concerns with the proximity of
the proposed intersection to Valle Road and suggested that
it be addressed. They further discussed the ability of the
proposed circulation to alleviate the traffic problems
on Via de Agua and circulation problems within the area.
Public Hearing Re -Opened:
Mayor Friess re -opened the public hearing and the following
persons addressed the Council.
(1) Richard Overton stated that the proposed Special
Study designation and the procedures that would be
followed thereafter were compatible with his desires.
(2) Oystein Husoe, land owner on McCracken Hill, addressed
the Council regarding the effects of the proposed
Special Study designation.
There being no one else wishing to address the Council,
Mayor Friess closed the Public Hearing.
McCracken Hill:
The Council expressed concern regarding the quasi -industrial
designation as it relates to the taxing structure and revenue
producing business.
Mr. Merrell concurred that there is a need for accurate
information with regard to the tax base due to passage of
Proposition 13.
Mr. Merrell noted the impacts of the Plan on the valley
adjacent to McCracken Hill and the amount of grade and
fill that will be needed.
Mayor Friess questioned whether the comments about the
circulation and septic tanks would be added to the text
of the Plan; Mr. Merrell affirmed that they would. The
Mayor explained that he felt potential property owners
should be aware of the need to tie into the sewer system
when possible and that the road will need to be brought
up to standard.
Window Hill:
Councilman Hausdorfer reiterated the findings of the Via
de Agua Study Committee regarding Routes D, E and F, and
expressed doubt that the proposed connection to San Juan
Creek Road would alleviate traffic problems in Alto
Capistrano. He expressed support for the original Route D
and noted his concerns with the alignment of Route D, the
school site location and the noise impact on Alto Capistrano.
Councilman Thorpe stated his negative reaction to the Plan
was due to the lack of a workable circulation system and the
grading on Window Hill.
Mayor Friess and Councilman Buchheim concurred that the proposed
General Plan Amendment is better than the existing General
Plan designations. Mayor Friess suggested that within the
text a statement be made that it would be the intent of the
City that the major circulation backbone be constructed as
a unit.
S=
8/16/78
mi
Approval of General Plan Amendment 78-1:
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze that the following Resolution be adopted with changes
suggested by Council:
RESOLUTION NO. 78-8-16-3. GENERAL PLAN AMENDMENT
/0-1 \A11yu) - ti AZDULU'1'1U1v Ur Tnr: l.l'1Z l.UU1vl.1L U
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE CITY'S GENERAL PLAN FOR 479+ ACRES
LOCATED ON THE EAST SIDE OF INTERSTATE 5 BETWEEN
FORSTER CANYON ROAD AND CAMINO LAS RAMBLAS
The Director of Community Planning and Development asked if
the motion included the following:
(1) That a text amendment would be made to designate
the Bridges/Overton and Kilbride parcels as a
Special Study area to be implemented with a Growth
Management or Specific Plan zoning to allow the
landowner to justify higher density requests;
(2) That the developer be required to pay for Capital
Improvement Projects associated with mitigating
impacts created by the project; i.e., signals or
flood control;
(3) That it is the obligation of the developer to provide
a public facility site free -of -charge and that the
ultimate location be subject to change;
(4) That the General Plan does not account for the need
for development to ultimately connect to the sewer
on McCracken Hill; and,
(5) That the first phase of the development shall meet
all City requirements including dual access and a
completely constructed circulation system.
Councilman Buchheim agreed that his motion included
the listed changes. The Director of Community Planning
and Development suggested that the concerns should be
drafted and referred to the Planning Commission with
a report back to Council.
The Mayor questioned the City Attorney as to the proper
procedure for taking action on the resolution or referring
it back to the Planning Commission. The City Attorney
stated that the Council should take action and if the
action is at variance with the recommendation of the
Planning Commission, it should go back to the Planning
Commission. The Mayor clarified that the Planning
Commission would consider the Council amendments; the
City Attorney concurred.
(6) Councilman Schwartze suggested that the proposed Planned
Community zone request include a fiscal impact report
and phasing plan for Capital Improvements. Councilman
Buchheim concurred.
The motion carried by the following vote:
AYES:
Councilmen
Schwartze,
Buchheim and Mayor Friess
NOES:
Councilmen
Hausdorfer
and Thorpe
ABSENT:
None
-5- 8/16/78
22
RECESS AND RECONVENE
The Council recessed at 9:20 P.M., and reconvened at 9:40 P.M.
RESOLUTIONS
1. ADOPTION OF SEWER BOND TAX RATE,
FISCAL YEAR 1978-79
(86) It was moved by Councilman Thorpe and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 78-8-16-4, ADOPTING SEWER BOND
TAX RATE - FISCAL YEAR 1978-79 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING AND IMPOSING
AN AD VALOREM SEWER BOND TAX RATE FOR THE 1978-79
FISCAL YEAR
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution sets an ad valorem sewer bond tax rate of
$0.07 for each $100 of assessed valuation for general
obligation bond redemption.
2. ADOPTION OF CONTINGENCY GENERAL FUND TAX RATE,
FISCAL YEAR 1978-79
(86) Proposal:
Adoption of a Resolution establishing an ad valorem
General Fund tax rate of 824 to be imposed upon legal
invalidation of the Proposition 13 initiative. If the
initiative is upheld in the courts, the Resolution would
be null and void.
Council Discussion:
Councilman Thorpe asked why the rate needed to be set.
He was informed that it is a protective measure, since due
to State Code, a tax rate must be set by September lst of
each year. If Proposition 13 is invalidated, the City
will have a tax rate to go into effect; the rate can be
amended at any time.
Adoption of General Fund Tax Rate of 754:
Councilman Thorpe stated it would be a good faith gesture
to lower the proposed tax rate, and suggested 754. It was
moved by Counciman Thorpe and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 78-8-16-5, ADOPTING GENERAL FUND
TAX RATE - FISCAL YEAR 1978-79 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING AN AD VALOREM GENERAL FUND
TAX RATE AT SEVENTY-FIVE CENTS ($0.75) PER ONE HUNDRED
DOLLARS ($100.00) OF ASSESSED VALUE TO BE IMPOSED
UPON LEGAL INVALIDATION OF THE STATE-WIDE INITIATIVE
PROPOSITION 13
The motion carried by the following vote:
-6- 8/16/78
23
AYES: Councilmen Hausdorfer, Thorpe, and Buchheim
NOES: Councilman Schwartze and Mayor Friess
ABSENT: None
3. REQUEST FOR RECONSIDERATION OF RESOLUTION NO. 78-8-2-2
(25) Proposal:
To rescind the Council action of August 2nd in adopting
Resolution No. 78-8-2-2, Condemnation of Sewer Line
Easement for Sanitary Sewer Purposes, to implement
notification procedures and set a hearing for the matter
for September 20th.
Written Communications:
(1) Report dated August 16, 1978, from the Director of
Public Works, forwarding the letters of request for
reconsideration from the Board of Directors of
Village San Juan Homeowners Association, Inc.,
26383 Shadybrook Road and Lee H. Durst, Attorney
at Law, P. O. Box 5432, Fullerton, 92635.
Hearing Date Set:
The City Attorney requested that the Council not rescind the
Resolution adopted August 2nd, noting that the Council could
take that action at a later date. The City Manager noted
that Mr. Mogan, the developer, had expressed the hope that
the hearing date could be set for September 6th.
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to direct staff to contact
the President of the Board of Directors of the Village San
Juan Homeowners Association regarding preference for a hearing
date and then to set the hearing; no action is to be taken
until that time.
Notification:
In response to Mayor Friess, the City Attorney clarified that
the Homeowners Association is the only one that legally
needs to be notified, but that for non -legal reasons the
homeowners should be notified. Mayor Friess indicated his
understanding that staff would provide the Association with
copies of the notice for distribution by the Homeowners
Association to the homeowners.
4. SISTER CITY AFFILIATION WITH GOYA, ARGENTINA
(34) It was moved by Councilman Thorpe and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 78-8-16-6, SISTER CITY - GOYA,
' ARGENTINA - A RESOLUTION OF THE CITY COUNCIL
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING THE INVITATION OF THE CITY OF GOYA,
ARGENTINA, FOR A SISTER CITY AFFILIATION
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution declares a Sister City affiliation on an
informal basis. Goya is the location of the cliff swallow
winter habitat following their annual departure from San
Juan Capistrano.
-7- 8/16/78
5. APPROVAL OF APPLICATION FOR OPEN SPACE AND
RECREATION GRANT FUNDS (LOS RIOS PARK)
(23) It was moved by Councilman Thorpe and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 78-8-16-7, APPROVING APPLICATION FOR
LUb Klub YAKA - H Kr1bULUTIUN UrThr; Ul'1'Y I:UUWl:1L Ur
-
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-
Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM -
LOS RIOS PARK
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution approves the filing of an application for
$280,000 in grant funds to acquire 10.45 acres for the Los
Rios Park.
6. APPROVAL OF
(23) It was moved by Councilman Thorpe and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 78-8-16-8, APPROVING APPLICATION FOR
LAND AND WATER CONSERVATION GRANT FUNDS - LOS RIOS
PARK - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
APPLICATION FOR LAND AND WATER CONSERVATION FUNDS -
LOS RIOS PARK PROJECT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution approves the filing of an application for
$495,250 in grant funds for land acquisition for the Los
Rios Park.
CONSENT CALENDAR
It was moved by Councilman Thorpe and seconded by Councilman Schwartze
that the staff recommendations be accepted for the following items
listed on the Consent Calendar. The motion carried by the following
vote:
AYES: Councilman Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
-8- 8/16/78
25
1. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF JULY 31, 1978
(41) The City Treasurer's Report of Investments as of July 31,
1978, is approved as submitted.
2. CITY TREASURER'S REPORT OF 1911
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of July 31, 1978, is approved as submitted.
3. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF JUNE 30, 1978
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the twelve-month period ending June 30, 1978, is
approved as submitted.
4. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
AUGUST 8, 1978
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of August 8, 1978, is ordered received and filed.
5. FINAL REPORT AND NOTICE OF COMPLETION -
REPAIR OF HORNO CREEK SEWER DAMAGE (CAPPELLO)
(80) The following Resolution is adopted:
RESOLUTION NO. 78-8-16-9, COMPLETION OF REPAIR TO
HORNO CREEK SEWER - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED FOR THE CONSTRUCTION
OF THE HORNO CREEK SEWER
The Resolution accepts the work and directs that a Notice
of Completion be forwarded to the County Recorder within
10 days. Current Payment status is as follows:
Total project costs $12,067.09
Less 10% retention 1,206.71
Total due to date 10,860.38
Previous progress payments -0-
Amount Due $10,860.38
Staff is authorized to release the amount due of $10,860.38
and hold the 10% retention of $1,206.71 until 35 days after
recordation of the Notice of Completion. The project was
completed under a force account; the City is expecting
reimbursement from the Federal Disaster Assistance Agency.
6. FINAL REPORT AND NOTICE OF COMPLETION -
MAJOR STREET REPAIRS (GRIFFITH COMPANY)
(83) The following Resolution is adopted:
RESOLUTION NO. 78-8-16-10, COMPLETION OF MAJOR
STREET REPAIRS - 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 MAJOR
STREET REPAIRS
The Resolution accepts the work and directs that a Notice
of Completion be forwarded to the County Recorder within
10 days. Current payment status is as follows:
-9- 8/16/78
Total project costs $18,072.62
Less 10% retention 1,807.26
Total due to date 16,265.36
Previous progress payments -0-
Amount Due $16,265.36
Staff is authorized to release the amount due of $16,265.36
and hold the 10% retention of $1,807.26 until 35 days after
recordation of the Notice of Completion. The project
was completed as a Capital Project; $30,000 was budgeted in
the 1977-78 fiscal year. The money has been encumbered into
the current fiscal year.
7. APPROVAL OF FINAL PARCEL MAP, DIVISION OF LAND 78-1
(HENSON)
(85) The Final Map for Division of Land 78-1 is approved with
the determination that the Map is consistent with the
General Plan and in substantial compliance with the approved
tentative map. All fees have been paid and the following
Certificate of Deposit posted:
Certificate of Deposit No. 298276, dated
July 24, 1978, in the amount of $2,175
drawn on the Bank of America. The
Certificate expires July 24, 1979.
8. ACCEPTANCE OF
(85) The following Letters of Credit from the Bank of America
(38) are extended to March 31, 1979:
Grading (No. SBLA-75823) $ 66,700
Labor & Material -
Public Improvements
(No. SBLA-75820) 23,500
Monumentation (No. SBLA-75819) 1,000
Total $100,200
9. ACCEPTANCE OF SEWER EASEMENT, TRACT 76
1-11-1
(85) The sewer easement through Lot 18, Tract 7673, granted
(91) to the City from Mission Woods, a California General
Partnership, is accepted. The easement is needed due
to restoration of the Harrison House in Tract 7673. The
City Clerk is authorized to record the Easement Deed.
APPROVAL OF WARRANTS
(41) Following clarification of Warrants Nos. 14838, 14822 and
14904, it was moved by Councilman Schwartze, seconded by
Councilman Hausdorfer and unanimously carried that the List
of Demands dated August 16, 1978, Warrants Nos. 14820
through 14940, inclusive, in the total amount of $246,026.05,
be approved as submitted.
TREE REMOVAL PERMIT, TRACT 9682,
LOT NO. 7 (LYLES)
(85) Proposal:
(74) Request for removal of approximately 120 citrus trees to
allow construction of a driveway and single family residence
on the east side of Cook Lane, Lot 7, Tract 9682. The
removal of the trees would allow the owner to implement
his own landscaping plan. Three avocado trees and one
cherimoya tree are located on the property and will
be preserved.
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2'7
Applicant:
M. Lyles, 500 South Citron, Anaheim, California.
Written Communications:
(1) Report dated August 16, 1978, from the Director of
Community Planning and Development, forwarding a
recommendation of approval subject to approval of
a detailed landscape plan for the property prior
to issuance of any building permit.
(2) Report dated August 16, 1978, from the Director of
Community Planning and Development, forwarding a
revised recommendation that only those citrus trees
directly impacted by grading necessary to locate the
house be approved for removal.
Confirmation of Tree Inspector's Decision:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to confirm the decision of
the Tree Inspector with regard to this application.
Polic on Citrus Tree Removals:
Councilman Buchheim suggested that obviously dead trees
be taken out without a permit; that there may be a County
law that if the tree reaches a certain diseased state,
the removal can be enforced. With the concurrence of
Council, Mayor Friess directed the Tree Inspector to
study the problem and make recommendations regarding the
problems with dead citrus trees and possible program of
enforcement of the preservation of groves.
TREE REMOVAL PERMIT, TRACT 9382
LOTS NOS. 51-54 (MAURER)
(85) Proposal:
(74) The removal of 15 trees along the rear yard area of Lots 51
through 54, Tract 9382. The trees had been designated on
the tree removal plan to be preserved; however, the precise
grading plan indicates that the grade of the rear lot areas
will be approximately 12 to 15 feet below the existing
elevation. Thirty-two eucalyptus trees will replace the
existing trees.
Written Communications:
(1) Report dated August 16, 1978, from the Director of
Community Planning and Development forwarding the Tree
Inspector's recommendation of approval to remove the
trees subject to the required addendum to the landscape
plan attached as Exhibit A.
Council Discussion:
Council expressed concern that the trees were to have been
preserved and it is now necessary to remove them. Councilman
Buchheim noted that the Environmental Review Board determined
that the trees had been improperly located on the plans.
Confirmation of Tree Inspector's Decision:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to receive and file the report.
SUBDIVISIONS AND ANNEXATIONS
1. ANNEXATION AGREEMENT - BEAR BRAND RANCH -
PARCEL 5A
(21) Proposal:
Approval of an Agreement to
giving authorization to the
upon a determination by the
the improvement permits for
may be issued. Thereafter,
prezoning of the property to
annex Bear Brand Ranch Tract 9390,
Mayor to sign the Agreement
Director of Public Works that
Calle Aspero and Calle Ricardo
the City will initiate a
100 -EL (Large Estate).
-11- 8/16/78
28
Written Communications:
(1) Report dated August 16, 1978, from the Director
of Community Planning and Development, forwarding
a synopsis of City requirements for access and the
actions necessary to meet those requirements; and,
an agreement to annex the property to the City.
(2) Revised Agreement, amending Section E, Page 2, to
require that the Bear Brand Ranch Company provide
a 35 -foot radius turnaround, or provide for a future
connection to a future street commonly known as
the Crumrine extension.
Council Discussion: _
Council discussed their concerns regarding the protection
of the City during the annexation process.
(1) Bob Hill, President of Bear Brand Ranch Company,
250 Newport Center Drive, Newport Beach, advised
that he was present to answer any questions.
(2) Norlyn Dull, 25962 Calle Aspero, addressed the
Council regarding his concern for access to the
property and concerns for City protection in the
event the annexation does not go through.
(3) Ernest Chapman, 25961 Calle Aspero, expressed his
concern about access through Crumrine Road and
construction traffic on Calle Aspero; and improvement
of Calle Aspero.
(4) Don Markowski, 32022 Paseo de Allesandro, concurred
with the concerns expressed by Mr. Dull and Mr. Chapman.
Approval of Annexation Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried that the Agreement to Annex
Real Property be approved, and that the Mayor be authorized to
execute the document within 5 days after determination by
the Director of Public Works that the street improvement
permits for Calle Aspero and Calle Ricardo may be issued;
further, that a prezone of the subject property to 100 -EL be
initiated and the Planning Commission authorized to commence
public hearings.
Councilman Buchheim requested that staff investigate an
access problem on property previously designated Sacarama
Lane for Mr. Ron Lyons, 31801 Via de Linda.
Councilman Thorpe suggested that the Bear Brand Ranch
Committee be continued in order to keep Council apprised
of the progress and concerns associated with this project. _
ADMINISTRATIVE ITEMS
CITY MANAGER
1. AUTHORIZATION TO HIRE ENGINEERING AIDE
FOR TRAFFIC SAFETY GRANT
(66) Council received copies of a report dated August 16, 1978,
from the City Manager requesting concurrence from the City
Council of the City Manager's approval to hire an Engineering
Aide for one year in conjunction with the Pedestrian and
Bicycle Safety Program grant approved by Council on
July 19th.
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Authorization to Hire Engineering Aide:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to concur with the City
Manager's approval to hire an Engineering Aide for a one year
period of time, the exact dates to be flexible.
MULTI -MODAL TRANSPORTATION TERMINAL
(88) Mr. Mocalis noted that he had received a telephone call
from Al Jiminez advising him that donations from merchants
in the downtown area had been received for the $2,500 half
of the multi -modal study costs.
ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
1. SCHEDULE OF BUDGET HEARINGS
(24) Council received copies of a report dated August 16, 1978,
from the Director of Administrative Services, forwarding
the proposed schedule of budget hearings; and, a memorandum
from the City Manager, dated August 16th, forwarding a
list of projects for Council prioritization.
Mr. Hale noted that the Systems Development Tax scheduled
for hearing on September 13th had been rescheduled to
October 25th.
The report was submitted for information only; budget hearings
will commence September 13th, with budget adoption scheduled
for October 25th.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. RESOLUTIONS AUTHORIZING AND APPROVING PROJECT
CTTRMTMMAT.0 - PrnPRTIT. ATT) TTR1iDT7 PATT1 PTMTnTVr
(44) Council received copies of a report dated August 16th, from
the Director of Public Works, forwarding three projects
for submittal for FAU funding: Camino Capistrano bridge at
San Juan Creek (widening); Camino Capistrano from Del Obispo
to Ortega Highway, and from San Juan Creek Road to Aeropuerto
(resurfacing); and, Junipero Serra Bridge at Trabuco Creek
and Atchison, Topeka and Santa Fe Railroad (bridge
construction). Staff recommended that only the Camino
Capistrano bridge and the Camino Capistrano resurfacing
be submitted, due to financial constraints.
It was moved by Councilman Schwartze, and seconded by
Councilman Thorpe that the following Resolution be adopted:
RESOLUTION NO. 78-8-16-11
PADRE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE
ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE
WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE
DEVELOPMENT OF CAMINO CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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30
The Resolution approves submittal of a project to widen
the Camino Capistrano bridge; the City's estimated cost
is $129,200; the total estimated cost is $760,000.
It was moved by Councilman Schwartze and seconded by
Councilman Thorpe that the following Resolution be adopted:
RESOLUTION NO. 78-8-16-12, FEDERAL AID URBAN PROGRAM -
CAMINO CAPISTRANO (ORTEGA HIGHWAY TO DEL OBISPO AND
SAN JUAN CREEK ROAD TO AVENIDA AEROPUERTO) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE
COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN
THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE
DEVELOPMENT OF CAMINO CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution approves submittal of a project to resurface
Camino Capistrano from Ortega to Del Obispo, and from
San Juan Creek Road to Aeropuerto. The City's share is
estimated at $6,800; the total estimated cost is $33,200.
2. AUTHORIZATION TO COMMENCE DESIGN OF TRAFFIC SIGNAL -
DEL OBISPO AT ALIPAZ
(82) Council received copies of a report dated August 16, 1978,
(68) from the Director of Public Works requesting authorization
to commence preliminary design for plans and specifications
for the traffic signal at Del Obispo and Alipaz. Funds
have been advanced from the developer of the Casitas de
Alipaz apartment complex, who will ultimately fund the
entire project.
Authorization to Commence Design:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to authorize the City Engineer
to commence preliminary design for plans and specifications for
the traffic signal at Del Obispo and Alipaz.
Councilman Hausdorfer suggested the press be made aware
of the status of the above-mentioned traffic signal.
3. APPROVAL OF AMENDED BUDGET - SERRA PROJECT COMMITTEE
NO. 3 (LEASE AND OPERATION OF OCEAN OUTFALL)
(79) Council received copies of a report dated August 16th from
the Director of Public Works advising that a rent adjustment
was passed by the Board of Directors of SERRA for Project
Committee No. 3, the Lease and Operation of the Existing
Ocean Outfall. By action of June 21st, the Council deposited
$8,549 with SERRA for the City's share of the Project Committee
No. 3 budget; due to the rent adjustment, an additional $3,392.40
is required, for a total of $11,941.40. The City annually
receives 45.25% of the amount collected as rent on the ocean
outfall. The City will receive $23,651.27 as the yearly
rental fee from SERRA; the City's assessment for Project
Committee No. 3 is $11,941.40, which leaves a net revenue of
$11,709.87.
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Approval of Revised Budget:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the revised
budget expenditure for Project Committee No. 3 in the amount
of $3,392.40, said funds to be expended from the operating
expense of the Sewer Enterprise Fund.
4. AUTHORIZATION AND AGREEMENTS FOR CORRECTIVE WORK
REGARDING SLIDE DAMAGE - DEL OBISPO STREET
(80) Council received copies of a report dated August 16, 1978, from
the Director of Public Works advising of the status of storm
damage repairs. A public hearing on storm damage repairs
was held on June 21st; as a result of that meeting private
property owners were notified of their obligation. Two
projects are to be coordinated by Public Works: a sidewalk
slide, North Del Obispo; and, a drainage ditch slide, South
Del Obispo. The South Del Obispo slide repair is eligible for
reimbursement from the Federal Disaster Assistance Administration.
The North Del Obispo slide repair, on private property, will be
funded by the property owners. The City will provide
administrative services for the restoration as a public service.
An Agreement To Do Corrective Work Resulting from Storm
Damage, whereby the property owner will reimburse the City
for their share of the cost of the corrective work, is
forwarded with the staff report for approval.
Approval of Agreement To Do Corrective Work:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that the Agreement for
authorization to do corrective work, with in-house efforts
provided as a public service by the City, be approved. The
Mayor is authorized to sign the Agreement and the City Clerk
to attest thereto.
COUNCIL ACTIONS
1. APPOINTMENT OF TWO PLANNING COMMISSION MEMBERS
(68) Councilman Thorpe nominated Mary Morgan Abe; Councilman
Schwartze nominated Michael Imlay; Councilman Buccheim
nominated Anthony Bland; Councilman Thorpe nominated
Mary Jane Forster.
Mayor Friess drew names and took a roll call vote on the
candidates, as follows:
For the appointment of Mary Jane Forster:
AYES: Councilman Thorpe
NOES: Councilmen Hausdorfer, Schwartze, Buchheim,
and Mayor Friess
ABSENT: None
For the appointment of Mary Morgan Abe:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
For the appointment of Michael Imlay:
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32
AYES: Councilmen Hausdorfer, Schwartze and Thorpe
NOES: Councilman Buchheim and Mayor Friess
ABSENT: None
For the appointment of Anthony Bland:
AYES: Councilman Buchheim and Mayor Friess
NOES: Councilman Hausdorfer and Schwartze
ABSTAIN: Councilman Thorpe
ABSENT: None
Mary Morgan Abe, 25662 Spinnaker Drive, and Michael Imlay,
26591 Briarwood Lane, received the majority vote and were
appointed to the Planning Commission. Both appointees are
to file a Statement of Economic Interest 10 days prior to
taking office. Their terms will expire April 30, 1979, in
accordance with Ordinance No. 321.
VACANCY ON ARCHITECTURAL BOARD OF REVIEW
(23) Council noted that there is a vacancy on the Architectural
Board of Review due to the appointment of Michael Imlay to
the Planning Commission. Vacancy notices will be posted
and applications for appointment accepted.
2. APPOINTMENT OF MEMBER TO DOWNTOWN PLAZA
AND PARKING STUDY COMMITTEE
(68) Councilman Hausdorfer nominated Barbara Davies; Councilman
Buchheim nominated David Peace.
Mayor Friess took a roll call vote on the nomination of
Barbara Davies; the vote was as follows:
AYES: Councilmen Hausdorfer and Schwartze
NOES: Councilmen Thorpe, Buchheim and Mayor Friess
Mayor Friess took a roll call vote on the nomination of
David Peace; the vote was as follows:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
David Peace, 29546 Westmont Court, received the majority
vote and was appointed to the Downtown Plaza and Parking
Study Committee.
It was the consensus of the Council that the Planning
Commission make an appointment to fill the Committee vacancy
created by the death of John Taylor.
COUNCIL REMARKS
1. LEAGUE OF CALIFORNIA CITIES
(61) Councilman Hausdorfer suggested that he become the Alternate
Delegate to the League of California Cities and Councilman
Schwartze the Regular Delegate. Council concurred.
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8/16/78
33
2. PROPOSED REARRANGEMENT OF TELEPHONE DIRECTORY YELLOW
(27) Councilman Hausdorfer commented on the negative impacts of the
rearrangement of the yellow pages of the Orange County and
Orange Coast South directories as applied for by the Pacific
Telephone and Telegraph before the Public Utilities Commission.
The City Manager is to draft a letter to the Public Utilities
Commission for the Mayor's signature setting forth Council's
concerns.
3. BUSINESS LICENSES
(26) Councilman Thorpe commented on the sale going on in front
of the Rosenbaum home on Rancho Viejo Road and requested
staff investigation in terms of a business license to
conduct the activity.
4. SYSTEMS DEVELOPMENT TAX
(86) Mayor Friess noted a letter received from Mr. Erickson
regarding the effect of the Systems Development Tax on
Lot 2, Tract 9204, Tierra del Caballo. The Mayor directed
that a finding of applicability be made by the City Manager.
5. EARTH STOCKPILE
(25) Councilman Hausdorfer commented on a stockpile of dirt in
the stable area off Ganado Road and requested staff
investigation.
EXECUTIVE SESSION
The Council recessed to Executive Session at 11:43 P.M., the Deputy
City Clerk being excused therefrom, and reconvened at 12:15 A.M.,
Thursday, August 17, 1978.
TERMINATION OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING
ACT (CETA)
(38) It was moved by Councilman Thorpe, seconded by Councilman
(66) Hausdorfer and unanimously carried that the CETA program
be terminated. The employees in permanent, budgeted positions
are to be given permanent employment status; those in unbudgeted
positions are to be given two weeks notice, with the exception of
employees in the School District who may be allowed employment
until September 30th, at which time the Capistrano Unified
School District may pick up their employment.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:20 A.M., Thursday, August 17, 1978, to the next
regular meeting date of Wednesday, September 6, 1978, at 7:00 P.M.,
in the City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
CHERYL JO SO DEPUTY CITY CLERK
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