78-0906_CC_Minutes_Regular Meeting35
September 6, 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
7:03 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Paul Martin,
Old Mission Church.
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; William D. Murphy,
Director of Public Works/City Engineer; Thomas G. Merrell,
Director of Community Planning and Development; Bob Boone,
Accountant; James S. Okazaki, City Attorney; Mary Ann Hanover,
City Clerk.
MINUTES
Regular Meeting of August 16, 1978:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe that the Minutes of the Regular Meeting of August 16,
1978, be approved as submitted. 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 Hausdorfer, seconded by Councilman
Buchheim 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
PRESENTATION
1. PETRA, MALLORCA, SISTER CITY
(34) Mayor Friess introduced Mr. Cliff Cooper, who had made a
recent visit to Petra, Mallorca, Sister City of San Juan
Capistrano, and Father Paul Martin of the Old Mission Church.
Mr. Cooper presented slides taken during the trip, and
Father Martin assisted with historical dialogue about
Father Junipero Serra, who was born in Petra on November 24,
1713, and founded the Mission in San Juan Capistrano in
1776. On October 22nd and 24th of this year, the Mission
will celebrate the 200th anniversary of the dates Father
Serra personally baptized 15 Indians of the Acjachema Tribe
at the Mission site. Mayor Friess expressed the Council's
appreciation for the presentation.
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WRITTEN COMMUNICATIONS
1. REQUEST FOR GENERAL PLAN AMENDMENT (FALKLAM)
(46) Council received copies of a letter dated July 31, 1978,
from D. J. Daniel, Jr., requesting a General Plan Amendment
for 3.6 acres of land located off Del Obispo Street on
behalf of the property owner, Harry Falklam. With the
concensus of the Council, Mayor Friess referred the request
to the Director of Community Planning and Development for
report.
ORAL COMMUNICATIONS
1. COMMISSION REPRESENTATION
(23) Richard Nelson, Chairman of the Traffic and Transportation
Commission, advised that he was present to answer any
questions regarding recommendations made to the Council.
2. DEL AVION STORM DRAIN
(80) Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach,
addressed the Council in support of construction of Phase I
of the Camino del Avion storm drain prior to the winter
rainy season.
ORDINANCES
1. AMENDMENT TO ORDINANCE NO. 295, TRAFFIC REGULATIONS
(INTRODUCTION OF ORDINANCE NO. 373)
(55) 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 Hausdorfer;
seconded by Councilman Schwartze that the following Ordinance
be introduced:
ORDINANCE NO. 373 - TRAFFIC REGULATIONS,
SPEED LIMITS - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
CERTAIN SECTIONS OF ORDINANCE NO. 295
PERTAINING TO TRAFFIC REGULATIONS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Ordinance amends Chapter 6, Article 6-1, of Ordinance
No. 295 and revises speed zones on portions of Alipaz
Street, Camino del Avion, Del Obispo Street, San Juan Creek
Road and Trabuco Road based on engineering and traffic
surveys, as required by the California Vehicle Code, for
enforcement of radar citations.
Upon adoption of the Ordinance, the Public Works Department
is directed to post the speed zones and to report to the
Traffic and Transportation Commission in approximately six
months with the results of a new speed survey to determine
the effects on operating speeds and accident rates.
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3'7
RESOLUTIONS
1. RECONSIDERATION OF RESOLUTION NO. 78-8-2-2, CONDEMNATION
OF SANITARY SEWER EASEMENT (VILLAGE SAN JUAN)
(25) Proposal:
(80) Re -affirmation of Resolution No. 78-8-2-2 authorizing and
directing the condemnation of an easement on Lot E, Tract
8786, Village San Juan, for sanitary sewer purposes to serve
Tract 9578, the Mogan development.
Written Communications:
(1) Report dated September 6, 1978, from the Director of
Public Works advising that the Village San Juan
Homeowners Association President concurred with setting
of the hearing date for September 6th;
(2) Copy of Notice mailed on August 21, 1978, by the City
Clerk advising of the Council's intent to reaffirm the
Resolution of condemnation and giving notice of the
hearing;
(3) Copy of informational letter from the Director of
Public Works, 700 copies of which were delivered to the
Homeowners Association President for distribution;
(4) Memorandum dated September 1, 1978, from the City Clerk
listing the 10 persons who had filed written request to
be heard;
(5) Letter dated August 30, 1978, from Edmund F.
Schnieders, Jr., requesting an opportunity to be heard
for himself as well as Jack Collister of Ervin Engineering,
and Elmer Christiansen or Neil McCarthy of Christiansen
and Associates.
The Director of Public Works explained the exhibit of study
alternatives of sanitary sewer routes which was on display.
Hearing:
Mayor Friess announced that this was the time for those
persons having filed written request to be heard to address
the Council, and the following responded:
1. Frank D. Merrick, 26315 Roundtree Court, past President
of the Homeowners Association, spoke in opposition to
the proposed location of the easement and suggested it
be placed in the direction of Spotted Bull Lane; and,
inquired into the type of bonding to be posted by the
developer. Mayor Friess advised that the bonds would
cover replacement and compaction of soil and installation
of landscaping; bonds are held for one year following
project completion.
2. Robert C. Sycks, 29592 Orinda Road, Vice President of
the Homeowners Association, asked several questions
which were later reviewed by Mayor Friess.
3. Charles H. Ward, 26432 Pepperwood Road, property manager
for the Association and Member of the Board of Directors,
stated he had conducted a poll and contacted 50% of the
residents. Mr. Ward spoke in opposition and stated
that the easement could be an opening for future
development beyond the Mogan property; and, cited an
article in the September 6th edition of the Capistrano
Valley News regarding proposed City annexation of about
22 acres of land adjacent to the Mogan property.
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4. Hoyt J. Wilson, 26465 Brookfield Road, President of the
Homeowners Association, stated that by not rescinding
the Resolution, Council had put the Association at a
great disadvantage. Mr. Wilson then noted that Zellner
Communities, developer of Village San Juan, had been
directed in February of 1974 to maintain a 250 -tree
grove, but that maintenance was unsatisfactory. Further,
in February, 1977, the developer had agreed to do
certain landscaping at the front of the Village in
exchange for removal of trees, but no landscaping had
been installed. Mr. Wilson stated that by failing to
rescind the Resolution, the Association had been denied
due process; and, although the 32 homes of the Mogan
development could be accommodated by the proposed sewer
easement, properties to the North which may be annexed
should not go through Village property.
5. Max Dittman, Ervin Engineering, advised that he was
present to answer any questions with regard to design
and engineering of the tract and assured that surface
drainage would go in the opposite direction from the
proposed easement, that anchors will be placed on the
sewer line, and that the soil surface would be restored
to its existing condition.
6. Neil McCarthy, Christiansen and Associates, advised
that he was present to answer any questions.
Mayor Friess then reiterated the questions posed by Mr. Syckes,
and the Director of Public Works and City Attorney responded
as follows:
(1) Will the engineering recommendations already obtained
by the Association be incorporated into the plan? They
will be utilized when the improvement plans are prepared
and procedures for installing the line are formed.
(2) Will the line be used by anything other than the sewer
line proposed? The City accepts easements for public
utility purposes; the intent is that the easement would
be for underground sewer purposes only.
(3) Who is responsible for returning the land to its existing
condition and in what time frame? Conditions will be
placed on the improvement plans and bonds required by
and for the developer; the time frame is difficult to
estimate, but completion within 60 days appears realistic.
(4) What alternatives have been reviewed in light of future
development in the area? The Spotted Bull area was not
included in sanitary considerations for this particular
study. If Spotted Bull were included, would the study
be the same? There could be parcels from Spotted Bull _
that would feed in if it were annexed to the City.
(5) Who will maintain the line and own the easement once
the line is installed? The City Attorney advised that
once the sewer is laid and the surface returned to its
original condition, the Association can use the land as
in the past; if it becomes necessary, the City can
enter in order to maintain the sewer.
The following persons then addressed the Council:
1. Michael Nunn, 29702 Woodlake Court, stated his concerns
regarding possible development and annexation beyond
the Mogan property and inquired if a sewer line would
be brought down Rancho Viejo Road. Mayor Friess advised
that the City's sphere of influence extends to Via Escolar;
Mr. Murphy advised that it is anticipated that a sewer
line would ultimately be installed along Rancho Viejo Road.
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39
2. Edmund F. Schnieders, Jr., Southern Counties Management
Company, 405 South Beverly Drive, Beverly Hills, 90212,
representing Richard Mogan, advised that the easement
had been discussed with the Association when it became
apparent from engineering recommendations that the best
route and most practical location for the line was
through the Village San Juan property. Mr. Schnieders
noted that the Mogan development would be an enhancement
to the City and requested recognition of the additional
cost of re-routing the sewer line.
3. Leonard Howlett, 26451 Pepperwood Lane, stated he had
only been notified of the proposed easement a few days
earlier, asked if the line would carry all of the
sewerage coming from the north and how much it could
handle, if the recommendations were made from financial
considerations or through an engineering feasibility
study, and if there were any employee or Council Member
who would have a financial interest in the matter;
Mr. Howlett requested further consideration. Mr. Murphy
advised that the proposal is for an 8" sewer line laid
at 4/10 of 1% grade, with hydrology to handle a 250 -home
system, and that the most economical, cost-effective
route is through the Village.
4. David Saunders, 29361 Edgewood Road, asked if there
were any reverse flow protection for all of the homes
that could be flooded with sewerage, if the lines would
also serve as storm drains, and who would bear the cost
of enlarging the sewer if there is an obstruction.
Mr. Murphy advised that the lines would not serve as
storm drains and that the City would maintain and be
responsible for the lines.
5. Gerard Burkhardt, 26311 Marina Road, stated that the
line was not in the best interests of the Association.
Mayor Friess explained the background of the proposed
annexation, beginning with a potential development of
100 homes rather than 32 if the Mogan property were not
annexed to the City.
6. Karen Breck, 26465 Arbor Road, cited unresolved problems
with trees, landscaping, pumps and weeds in the Village
area.
Mayor Friess directed staff to report in two weeks on
why the trees have not been planted and when they will
be.
7. Hoyt J. Wilson requested that the Resolution authorizing
condemnation of the easement be rescinded.
8. Don Martin, builder for Richard Mogan, advised that
bonds in an amount exceeding $400,000.00 are being
filed to assure that the project will be completed to
the City's satisfaction.
RECESS AND RECONVENE
Council recessed at 9:25 P.M. and reconvened at 9:38 P.M. for
continued consideration of the Village San Juan sewer easement.
Councilman Hausdorfer advised that he would support the sewer
line proposed as the best alternative. Councilman Buchheim
noted that the sewer would be a vented system and that a
gravity flow line, such as the one proposed, is preferable
for upkeep and maintenance purposes; further, safeguard
conditions will be imposed upon the developer. Councilman
Schwartze discussed the possibility of the line going through
County territory with pump stations, and the feasibility of
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WSJ
septic tanks and magnitude of costs, and noted that the best
method may be installation of sewer systems for the entire
area at one time. Councilman Thorpe noted that engineers
hired by the Association and by the developer and City
engineers all agree that the line as proposed is the best
alternative and is consistent with good engineering practices;
the proposed annexation is consistent with the City's General
Plan; possibly a limit could be set on numbers of connections
to the system.
9. Robert Norris, 26494 Orangewood Drive, requested
information on the area within the City's jurisdiction
and the authority to limit connections to the sewer
line. Mr. Thorpe advised that the annexation is in _
process at the request of the owner and that the property
is within the City's sphere of influence.
10. Don Martin, representing the developer, advised that
the sewer line installation would be completed in 5
days, Monday through Friday, and that the work would be
done in segments with the channel closed each day.
Councilman Buchheim suggested that it be ascertained if
it is feasible to run the line back over the hill with
a guarantee that 32 or 34 homes would be the maximum
connected to the line.
Continuation to September 20, 1978, and Request for Report:
It was moved by Councilman Schwartze, seconded by Councilma
Hausdorfer and unanimously carried to continue the item to
the next regular meeting of September 20, 1978, for receipt
of a staff report to include the following items:
1. The actual capacity of the proposed sewer;
2. The limit on the number of units the system could
handle;
3. A written agreement on actual construction time
and a statement on bonding;
4. A statement regarding an alternative of crossing
the Van Roekel tract, which lies to the north and
is being considered for annexation, and the exact
cost of alternative sewer systems.
2. ADOPTION OF RESOLUTION ESTABLISHING "NO PARKING" ZONES -
PASEO ADELANTO
(64) Proposal:
Establishment of "No Parking" areas on both sides of Paseo
Adelanto from Del Obispo Street to 1700 feet southerly and
repeal of Resolution No. 75-11-26-2.
Written Communications: _
(1) Report dated September 6, 1978, from George Alvarez,
Secretary, forwarding the recommendation of the Traffic
and Transportation Commission.
Adoption of Resolution:
It was moved by Councilman Schwartze; seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 78-9-6-1, PARKING REGULATIONS -
PASEO ADELANTO - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING" AREAS ON BOTH SIDES OF
PASEO ADELANTO FROM DEL OBISPO STREET TO 1700
FEET SOUTHERLY AND RESCINDING RESOLUTION NO.
75-11-26-2
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41
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
3. ADOPTION OF RESOLUTION AUTHORIZING DESTRUCTION OF
CERTAIN RECORDS
(31) Proposal:
Destruction of 2 -year old documents and duplicate records
which are no longer required and are not of sufficient value
to justify retention or microfilming.
Written Communications:
(1) Report dated September 6, 1978, from the City Clerk
requesting authorization to destroy the records listed
on Exhibit "A" of the Resolution and forwarding the
consent of the City Attorney.
Adoption of Resolution:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 78-9-6-2. PROVIDING FOR THE
118JLLCU I.'11VLV VH C.l. t[1"AlLV K",I.V LCUJ - H ICP JVLU'11
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING AND
DIRECTING THE CITY CLERK TO DESTROY CERTAIN
CITY RECORDS AND DOCUMENTS PURSUANT TO THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. APPROVAL OF AGREEMENTS WITH COUNTY OF ORANGE FOR
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1977
(23) Proposal:
(38) Adoption of a Resolution approving initial administration of
the housing rehabilitation project, which consists of a
low-interest home improvement loan program eligible to
owners/occupants and land owners (absentee) in the amount of
$25,000.00 for structures within the Los Rios Area; and,
approval of a contract with the County of Orange for design
of a master plan drainage system and construction of street
improvements for Mission Street in the amount of $50,000.00.
Written Communications:
(1) Report dated September 6, 1978, from the Director of
Community Planning and Development advising that the
4th year grant application for the Los Rios Area has
been approved by the United States Department of
Housing and Urban Development.
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Approval of Agreements:
It was moved by Councilman Schwartze; seconded by Councilman
Buchheim and unanimously carried to approve the contractural
agreements for the City's Housing Rehabilitation and Public
Improvements Program with the County of Orange, to authorize
the Mayor to sign the agreements on behalf of the City, and
the City Clerk to attest thereto.
)roval of Administration of Housing Rehabilitation Loan
Program:
It was moved by Councilman Schwartze; seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 78-9-6-3, HOUSING AND COMMUNITY
DEVELOPMENT ACT (HCDA) HOUSING REHABILITATION
PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUESTING JOINT PARTICIPATION IN THE HOUSING
IMPROVEMENT PROGRAM BEING ADMINISTERED BY THE
COUNTY OF ORANGE AS PART OF THE HOUSING AND
COMMUNITY DEVELOPMENT URBAN GRANT PROGRAM
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. ACCEPTANCE OF BID AND AWARD OF CONTRACT - CHEMICAL
SUPPLIES (SERRA TREATMENT PLANT)
(79) Proposal:
(38) Award of bid for polymer chemicals for use at the SERRA
Treatment Plant.
Written Communications:
(1) Report dated September 6, 1978, from David B. Smith,
Administrative Services Officer, forwarding the results
of bids received.
Award of Contract:
It was moved by Councilman Thorpe; seconded by Councilman
Schwartze and unanimously carried to award the bid to the
low qualifying bidder, Allied Colloids of Ridgewood,
New Jersey, in the amount of $1.80 per pound, and to authorize
the Mayor to execute the contract on behalf of the City and
the City Clerk to attest thereto.
Councilman Schwartze commended staff on the reporting.
CONSENT CALENDAR
It was moved by Councilman Thorpe 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: Councilman Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ME
9/6/78
1. APPROVAL OF WARRANTS
(41) The List of Demands dated September 6, 1978, Warrants No.
14941 through 15053, inclusive, in the total amount of
$555,637.95, is approved as submitted.
2.
,N COMMISSION ACTIONS OF AUGUST 21
(23) The Report of Actions taken by the Equestrian Commission at
the meetings of August 21 and 28, 1978, is ordered received
and filed.
3. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
OF AUGUST 10, AND AUGUST 17, 1978
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meetings of August 10, and August 17,
1978, is ordered received and filed.
4. RELEASE OF FAITHFUL PERFORMANCE BOND, TRACT 5126
(85) Staff is authorized to exonerate the following bond for
(38) public improvements resulting from Tract 5126 after
September 21, 1978:
Faithful Performance Bond No. 18SC7111778 issued by Fireman's
Fund American in the amount of $500,000.00.
5. EASEMENT FOR PRIVATE WATERLINE IN PUBLIC RIGHT-OF-WAY,
TRACT 8485 (CAPISTRANO WATER COMPANY)
(85) The conditions are approved which obligate timely and
(91) appropriate maintenance of private facilities owned by
Capistrano Water Company located within easements and/or
public rights-of-way dedicated to the City, as promulgated
by the Easement Deed recorded in Book 2788, Pages 1571
through 1574, inclusive, of the records of the County of
Orange, and as set forth in the report dated September 6,
1978, from the Director of Public Works.
6. TIME EXTENSION TO OCTOBER 16, 1978,
CALLE ARROYO SEWER (FROST CONSTRUCTORS)
(80) Contract Change Order No. 1, granting a time extension to
Frost Constructors for 30 days or until October 16, 1978, is
approved for the completion of the Calle Arroyo Sewer.
7. CLAIM FOR DAMAGES (BURNETT)
(35) The Claim in the amount of $25,000.00 filed on August 15,
1978, by Claudius Kulvinskas on behalf of Steven M. Burnett
for injuries and property damage which allegedly occurred on
May 10, 1978, is denied and referred to the City's insurance
carrier, Dan Gorman Insurance.
M -
LOT 12
(85) The request for a transfer of a 2932 square foot portion of
(25) Lot 4, Tract 9064, owned by Interverde Corporation to Lot
12, Tract 5996, owned by Warren J. Hanselman, is approved by
adoption of the following Resolution, subject to a condition
that a stipulation be included in the deed which provides
that no additional parcels shall be created by the lot line
adjustment:
RESOLUTION NO. 78-9-6-4, ADJUSTMENT TO LOT
LINE (HANSELMAN/INTERVERDE CORPORATION) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN
ADJUSTMENT TO A LOT LINE (HANSELMAN/INTERVERDE
CORPORATION)
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4C
9. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS FOR
LANDSCAPING SERVICES - DESCANSO PARK AND
SPECIFIED PARKWAYS
(38) The specifications and call for bids for landscaping
(62) maintenance of Descanso Park and related parkways is approved;
the current contract with Toyo Landscaping Company for such
services is extended from September 21, 1978, to
December 31, 1978.
10. EXTENS
ION AGREEMENT AND ACCEPTANCE
TDAl rn a7or (Tri 7vN
(85) The Subdivision Agreement for Tract 9795 is extended from
(38) September 7, 1978, to March 1, 1979; the extension of the
Letter of Credit issued by American State Bank in the amount
of $88,150.00 dated August 29, 1978, issued on behalf of
Jack Love for Tract 9795, is accepted.
SUBDIVISIONS AND ANNEXATIONS
1. ADOPTION OF RESOLUTION APPLYING FOR ANNEXATION
(VAN ROEKEL, ET AL.)
(21) Proposal:
A request for annexation of properties north of the City
limits, as follows:
Coast Bible Church 5.6 acres
Van Roekel Property 11.0 acres
Dewire Property 3.5 acres
19.1 acres
City staff proposes that an additional 0.75 -acre triangular
parcel at the corner of Via Escolar and Marguerite Parkway
be included in the study area for a total of approximately
22 acres. Initiation of annexation proceedings for the four
properties within the study area is recommended based on
the following findings:
(1) The properties are within the City's approved sphere of
influence.
(2) Three of the four property owners have indicated they
are favorably disposed to annexation. The fourth
property is very small and has been included to "square
off" the annexation area.
(3) The properties already lie within the City's Waterworks
District No. 4.
(4) The properties are located such that the City is the
local jurisdiction which can most logically and
efficiently supply municipal services.
(5) Development of the vacant properties will occur whether
they are annexed or not. I£ they are annexed, the City
will have much greater influence over the character and
sensitivity of such development. This consideration
applies to the Van Roekel as well as the other properties.
Written Communications:
(1) Report dated September 6, 1978, from the Director of
Community Planning and Development forwarding a proposed
Resolution applying for annexation of the properties.
Initiation of Annexation Proceedings:
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the following Resolution be adopted:
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45
RESOLUTION NO. 78-9-6-5
VAJO N! SV -Y 1l ti] �k sale) a
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING
APPLICATION TO THE LOCAL AGENCY FORMATION
COMMISSION FOR THE ANNEXATION OF TERRITORY
ADJACENT TO THE NORTH BOUNDARY OF THE CITY
(IDENTIFIED AS VAN ROEKEL, ET AL.)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Informal Support of Application:
It was moved by Councilman Schwartze; seconded by Councilman
Buchheim and unanimously carried that staff be directed to
supply all necessary information in support of the application
to the Local Agency Formation Commission, particularly as it
relates to all utility services for the area.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. AUTHORIZATION TO FILL PERSONNEL VACANCIES
(66) Council received copies of a report dated September 6, 1978,
from the City Manager advising that replacement hiring has
been approved for the following positions:
One part-time Clerk -Typist, City Clerk's Department;
One Secretary II, Department of Community Planning
and Development;
One Operator I, Treatment Plant;
Two Maintenance Man I, Treatment Plant.
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to concur with the City
Manager's approval for the replacement hiring.
DIRECTOR OF PUBLIC WORKS
1. FORMATION OF ASSESSMENT DISTRICT 78-1
(CAMINO CAPISTRANO SOUTH)
(74) Proposal:
(38) Acceptance of a Petition for the formation of a special
assessment district for the construction of public improvements
on Camino Capistrano submitted by Jack L. Modrich on behalf
of the property owners, John A. Napoli and Goultekin Ashik,
pursuant to the Municipal Improvement Act of 1913. The
Improvements include paving, curb and gutters, sidewalks,
street lights, sewer and water lines, storm drain improvements
and undergrounding of utilities in the area fronting a
proposed car wash and auto repair center. Mr. Napoli has
submitted the sum of $6,500.00 to begin formation of the
distrct.
Written Communications:
(1) Reports dated September 6, 1978, from the Director of
Public Works advising that the City will administer the
legal proceedings; the developers will provide 100
percent of the funds for the administrative costs of
the district and for the public improvements; and,
forwarding proposed legal and engineering consultant
services agreements.
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Acceptance of Petition:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unamimously carried to accept the Petition
for the formation of an assessment district as submitted by
John Napoli and Goultekin Ashik.
Approval of Legal and Engineering Consultant Services
Agreements:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the letter
agreements with F. Mackenzie Brown for legal services dated
August 16, 1978, and Ronald Martin & Associates, Inc., for
engineering services dated August 18, 1978.
COMMISSIONS, BOARDS, COMMITTEES
DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE
1. RECOMMENDED SCOPE OF WORK FOR
COMPLETION OF STUDY
(68) Written Communications:
(1) Report dated September 6, 1978, from the Director of
Community Planning and Development forwarding the
Committee redefinition of the Downtown Study for
preparation of a master plan for the future development
of the area, as authorized by the City Council on
March 1, 1978. The recommended scope of work consists
of the following tasks to be performed by the planning
consultant firm of CHNMB/Lawrence Halprin and Associates
over a period of 8 weeks:
1. Downtown Beautification Plan;
2. Mission and Downtown Parking Plan;
3. Traffic Circulation Plan(s);
4. Specialty Shopping Center Plan;
5. Participation, Review and Approval.
(2) Memorandum dated September 6, 1978, from Natalie Mitchell,
Chairman, forwarding the Committee recommendations that
the scope of work entitled Conceptual Schematic Master
Plans and Budget Estimates be approved; that funds be
appropriated for completion of the Study; and, that
authorization be granted for preparation of an agreement
with the consultant.
Mr. Al Jimenez, Committee Member, addressed the Council and
reported that the revised work program essentially combines
the tasks outlined in the original Phases II and III of the
Study, with citizen participation in the development of the
master plan encouraged. With the revised program,
implementation of the study should commence at an earlier
date. Mayor Friess expressed the Council's appreciation to _
Mr. Jimenez and to all committee members.
Deferral of Action:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to receive the recommendation
of the Study Committee and to defer action on the report
until the City Council meeting of September 13, 1978, for
the purpose of evaluating its financial impact as it relates
to other capital improvement projects.
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7
EQUESTRIAN COMMISSION
1. PROPOSED TRAIL RIDE TO CASPERS PARK
(23) Written Communications:
(1) Report dated September 6, 1978, from the City Clerk/
Commission Secretary regarding the proposed "First
Annual Trail Ride, San Juan Capistrano to Caspers Park"
which is being planned as a family-oriented annual
event to highlight the equestrian lifestyle of the City
and the equestrian use of Caspers Park. The Ride is
scheduled for Sunday, October 15th, starting at San
Juan Creek, would be limited to 250 riders, and would
be self-supporting with any excess funds designated for
equestrian trail development, acquisition and maintenance.
The City Clerk advised that authorization has been given for
the group to ride through the O'Neill Ranch property.
Endorsement of Trail Ride:
It was moved by Councilman Buchheim; seconded by Councilman
Schwartze and unanimously carried to endorse the First
Annual Trail Ride, San Juan Capistrano to Caspers Park, to
authorize the Equestrian Commission to proceed with the
event, and to authorize the establishment of a trust account
for the purpose of receiving and expending funds.
Authorization for Use of City Seal:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to authorize use of an
imprint of the City Seal on publicity fliers for the event.
COUNCIL ACTIONS
1. APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW
(23) Mayor Friess nominated Tony Bland. It was moved by Councilman
Hausdorfer; seconded by Councilman Buchheim and unanimously
carried that nominations be closed and that Anthony Bland,
31802 Via de Linda be appointed to fill the existing vacancy
on the Architectural Board of Review.
2. APPOINTMENT TO PUBLIC FACILITIES COMMITTEE
(23) With the concurrence of Council, Mayor Friess directed that
the Planning Commission select one of its members to serve
on the Public Facilities Committee.
3. APPOINTMENTS TO ORANGE COUNTY HOUSING AUTHORITY
ADVISORY COMMITTEE
(56) Councilman Thorpe nominated Jessica Dean. It was moved by
Councilman Thorpe; seconded by Councilman Buchheim and
unanimously carried that nominations be closed and that
Jessica Dean, 32742 Alipaz Street, #102, be appointed as the
City's representative on the Advisory Committee to the
Orange County Housing Authority, and Dawna M. Saunders,
31881 Paseo Alto Plano, be appointed as Alternate.
4. LEAGUE OF CALIFORNIA CITIES CONFERENCE -
APPOINTMENT OF VOTING DELEGATE AND ALTERNATE
(61) It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried that Mayor Friess be
appointed as the City's voting delegate at the General
Business Session of the League of California Cities Conference
on September 26th; Councilman Schwartze is appointed to
serve as the Alternate Delegate.
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5. VARIANCE FOR GARAGE CONSTRUCTION,
32192 YSIDORA STREET (ISCH)
(92) The City Manager made an oral report on the issue of a
variance granted to John Isch for construction of a garage
at 32192 Ysidora Street, and requested that the City Council
direct the Planning Commission to conduct a public hearing
to consider a variance to allow a 2 -story structure; the
Commission had previously granted a variance for a 5'
encroachment into the side yard setback, and building permits
for a 2 -story structure had been issued in error by the
County.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to direct the Planning _
Commission to schedule public hearings to consider the
matter of a new variance for a 2 -story structure.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. MAYOR'S MEETING - CHANGE OF NAME
(32) Councilman Thorpe inquired about distribution of minutes of
the Mayor's Meetings; Mayor Friess advised that there had
been no direction that minutes be taken of those meetings.
Council concurred with the suggestion of Mr. Thorpe that the
name of the meetings be changed to "Commissioner's Meetings"
since the focus of the meetings is on activities of the
Commissions and Boards and their inter -action with one
another.
2. AIR QUALITY MONITORING STATION
(59) Councilman Thorpe noted that the local air quality monitoring
station had been closed down by the Air Quality Management
District and requested a report to include exactly what the
readings have been since the monitoring began and the
justification for closing the station with the aim of
possibly recommending occasional sample monitoring. Mayor
Friess suggested that the report also include information on
the cost of the monitoring station.
3. CABLE TELEVISION SERVICE
(43) Councilman Thorpe noted recent increases in the cost of the
"Show Time" service. The City Manager advised that the City
has no control over charges for Show Time rates, only the
basic service rates.
With concurrence of the Council, Mayor Friess directed that
review of the television service franchise and consideration
of review periods be placed on a City Council Agenda following
the 1978-83 budget discussions.
4. COUNCIL MEETING TELEVISION/RADIO COVERAGE
1 (32) Councilman Thorpe noted he would pursue the possibility of
radio coverage of City Council meetings as a means of
phasing into possible television coverage so that citizens
may be more aware of City activities.
5. DEL AVION STORM DRAIN
(80) Councilman Huasdorfer inquired into the length of time
needed to start work on the Del Avion Storm Drain if Council
decides it is a high priority item. The Director of Public
Works advised that the County has the plans, but have indicated
they would be willing to turn them over to the City. Mayor
Friess suggested that the plans be obtained from the County
and the Director of Public Works granted time to prepare a
cost report.
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6. EARTH STOCKPILE AT GANADO ROAD
(39) Councilman Hausdorfer inquired into the status of the topsoil
stockpiled near Ganado Road. The Director of Community
Planning and Development advised that it is a topsoil
processing operation and that the persons involved have been
asked to discontinue the operation and make application for
a Conditional Use Permit.
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,
September 13, 1978, at 7:00 P.M. in the City Council Chamber.
Mayor Friess advised that the September 13th meeting would recess
to an executive session at 9:30 P.M. for discussion of personnel
matters.
Respectfully submitted
ATTEST:
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KENNETH E. FRIESS, MAYOR
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MARY ANN H OVER, CITY CLERK
v
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