78-0920_CC_Minutes_Regular Meeting55
SEPTEMBER 20, 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
7:16 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Richard
Reeve, Christian 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; 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 September 6, 1978:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe that the Minutes of the Regular Meeting of September 6,
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 Buchheim, seconded by Councilman Thorpe
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
ORAL COMMUNICATIONS
1. COMMISSION REPRESENTATION
(23) Gillian Cannon, Member of the Parks and Recreation Commission,
advised that she was present to answer any questions regarding
recommendations made to the Council.
2. ORTEGA HIGHWAY PROPERTIES,
ASSESSMENT DISTRICT 78-3
(74) William T. Hussey, 33741 Windjammer, Laguna Niguel, representing
the Building Committee of St. Margaret of Scotland Church,
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requested that Council adopt the Resolution establishing the
Ortega Highway Properties Assessment District and approve the
contracts for legal and engineering services at this time.
The documentation had been provided to Council during July,
but the required funding had not been received from the
property owners.
With the concurrence of Council, Mayor Friess directed that.
the matter be considered following the break period.
3. SITE FOR HEADSTART PROGRAM
(78) Evelyne Villegas, representing the Community Counseling Center,
regarding the need for a site for the Headstart Program, a
preschool to assist children in entering elementary school.
Mrs. Villegas advised that all necessary funding is available
and that 51 children are enrolled in the program, which must
start by the end of October to retain egilibility, and requested
any possible assistance in obtaining approval for a proposed
site on La Matanza or at a temporary location. The Director
of Community Planning and Development advised that processing
time for a Conditional Use Permit is approximately 4 weeks plus
a 21 -day appeal period. Councilman Thorpe suggested that staff
investigate the possibility of granting emergency access
with public hearings held afterwards. Mayor Friess suggested
that members of the community assist with a temporary site,
that Mrs. Villegas contact residents of the La Matanza area
regarding any possible opposition, and that the paperwork be
filed immediately for application for a Conditional Use Permit.
Councilman Thorpe suggested the site of the old Capistrano
High School Gymnasium since it would be a consistent use;
possibly a temporary, one-year use could be approved.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 373
ESTABLISHING SPEED ZONES AND AMENDING ORDINANCE NO. 295
(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 Schwartze and seconded
by Councilman Hausdorfer that the following Ordinance be
adopted:
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
RESOLUTIONS
1. RE -AFFIRMATION OF RESOLUTION NO. 78-8-2-2
SAN
(25) Written Communications:
(80) (1) Report dated September 20, 1978, from the Director
of Public Works clarifying issues of capacity of
the existing system and future sanitary needs of
the area. The item is continued from the meeting
of September 6th.
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Continuation of Hearing:
Mayor Friess re -opened the hearing and the following persons
responded:
(1) Edmund F. Schieders, Jr., Southern Counties Management
Company, 405 South Beverly Drive, Beverly Hills 90212,
representing Richard Mogan, cited correspondence
indicating that the Homeowners Association was advised of
the proposed easement in June, 1977, and spoke in support
of the original location of the sewerline easement through
Village San Juan park area, and advised that a 24-hour
security guard would be provided, the contractor has
stated that the project would take no more than 5 days,
and assured that the property would be returned to its
original condition within a very few days.
(2) Robert Syckes, 29592 Orinda Road, requested that a
definite number of days be set for the project completion
with more stringent requirements than the 24-hour security
guard, and stated that no action was ever taken by the
Homeowners Association regarding acquisition of the
easement.
There being no one else wishing to address the Council on this
matter, Mayor Friess closed the hearing.
During Council discussion, Donald Martin, President, American
National Construction Company, 405 South Beverly Drive,
Beverly Hills, advised that 15 days would be ample time
to complete the project to the top of the hill.
Re -affirmation of Resolution No. 78-8-2-2:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to re -affirm Resolution
No. 78-8-2-2 authorizing and directing the condemnation of
the sewerline easement for sanitary purposes to serve Tract
9578 with the following conditions:
(1) A uniformed security guard is to be retained by
the developer on a 24-hour basis for the entire
duration of the project from the stub of the
sewerline to the top of the hill;
(2) The project is to be completed within 15 days.
It was then moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried as follows:
(3) No more than 40 residential units are to be connected
to the proposed sewerline, including the 32 units within
the Mogan Tract.
Council clarified that the bonding requirements for replacement
landscaping would remain. Staff was commended on the research
and reporting provided.
(85) Status of Entry Landscaping, Village San Juan:
The Director of Community Planning and Development advised
that the Public Works Department is in the process of installing
sidewalks and that representatives of Zellner Communities,
developer of Village San Juan, have stated that the entry
landscaping would be installed immediately thereafter.
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BIDS, CONTRACTS, AGREEMENTS
1. ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR
LIABILITY INSURANCE CLAIMS ADMINISTRATION AND BUDGET AMENDMENT
(CARL WARREN AND COMPANY)
(49) Proposal:
(24) Award of a contract for claims administration of the $50,000
self-insured retention for liability insurance.
Written Communications:
(1) Report dated September 20, 1978, from David B. Smith,
Administrative Services Officer, providing an analysis
of the three proposals received and a proposed contract. _
Award of Bid and Budget Amendment:
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried to award the City's liability
insurance claims administration to Carl Warren and Company of
Santa Ana in the amount of $100 per month plus fees for field
investigations and to reject all other proposals received; an
amendment to the 1978-83 budget in the amount of $3,000 is
authorized.
Councilman Thorpe requested that the Director of Administrative
Services investigate the possibility of charging funds other
than the General Fund for insurance liability costs.
2. ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR
WEISZ & ASSOCIATES
(80) Proposal:
(38) Repair of storm damage to area identified as South Del Obispo
Slide/Scalzo's Hill.
Written Communications:
Report dated September 20, 1978, from the Director of Public
Works forwarding the proposed Agreement and advising that the
costs are reimburseable from the Federal Disaster Assistance
Administration.
Award of Bid:
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried to award the contract for
repair of storm damage to Fred Weisz and Associates of Mission
Viejo, in the amount of $25,800 and to approve the amendment
to Account No. 5424, Flood Control Division Project, in that
amount.
3. AMENDMENT TO TITLE V CONTRACT TO EXTEND CONSTRUCTION
(23) Proposal:
(38) Approval of Title V Contract applying for an additional $22,875
under the Older Americans grant program for an amended total
of $64,894 and extension of contract period from September 30,
1978, to March 31, 1979.
Written Communications:
(1) Report dated September 30, 1978, from Pamela Hallan,
Administrative Aide forwarding a proposed Resolution
authorizing execution of an amended contract.
Adoption of Resolution Authorizing Amended Contract:
It was moved by Councilman Buchh; and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
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NO. 78-9-20-1
EXECUTION OF
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JU
CAPISTRANO, CALIFORNIA, APPROVING THE EXECUTION OF THE
AMENDED CONTRACT FOR GRANT FUNDS UNDER TITLE V OF THE
OLDER AMERICANS ACT (SAN JUAN HOT SPRINGS DANCE HALL)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
4. AMENDMENT TO ORANGE COUNTY
(41) Proposal:
(38) Amendment extending Agreement for allocation of Revenue Sharing
funds for use in defraying costs of the Senior Citizens Program.
Written Communications:
(1) Report dated September 20, 1978, from the Director
of Recreation advising that the extension would be
for the,month of October only and contains binding
provisions regarding employee cost of living or salary
increases.
(2) Addendum to Report dated September 20, providing
proposed revised wording to the contract stating that
funds would not be used to provide program employees
a cost of living increase and authorizing the City to
independently fund a cost of living increase to program
employees.
Authorization to Negotiate for Amendment:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to direct staff to continue
with negotiations to incorporate the wording contained in
the revised Amendment to Revenue Sharing Agreement; and, if
such wording is agreed to by the County, to authorize the
City Manager to execute the Amendment.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer and seconded by Councilman
Thorpe that the staff recommendations be accepted for the following
items listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated September 20, 1978, Warrants Nos.
15054 through 15155, inclusive, in the total corrected amount
of $182,951.76, is approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF AUGUST 31, 1978
(41) The City Treasurer's Report of Investments as of August 31,
1978, is approved as submitted.
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3
R'S
1911 ACT
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of August 31, 1978, is approved as submitted.
4. CITY
REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the one-month period ending July 31, 1978, is approved
as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of September 5, 1978, is ordered received and filed
6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF SEPTEMBER 11, 1978
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of September 11, 1978, is ordered received and filed.
7. REPORT OF PLANNING COMMISSION MEETING OF SEPTEMBER 12, 1978
(67) The Report of Actions taken by the Planning Commission at
the meeting of September 12, 1978, is ordered received and filed.
8. REIMBURSEMENT AGREEMENT,
TRACT 10090 (BUTLER DEVELOPMENT COMPANY)
(85) The Agreement Providing for Reimbursement of Off -Site
(38) Improvement Costs in the amount of $25,000, in conjunction
with Tract 10090 is approved and the Mayor and City Clerk
authorized to sign the Agreement on behalf of the City. The
developer will be reimbursed by the parties benefitting from
the construction and fronting Via Estelita between Aguacate
Road and the tract boundary; the obligation is to run for a
period of five years.
9. ACCEPTANCE OF SEWER SYSTEM, AGUACATE LANE (HAMPTON)
(80) The sewer constructed by Gerald Hampton to service a home at
31529 Aguacate Lane is accepted into the City sewer system
and the City Clerk is directed to record the offer with the
Orange County Recorder.
10. ACCEPTANCE OF DRAINAGE EASEMENTS (CALTRANS)
(80) The drainage easements offered to the City by the State
Department of Transportation and referenced as Director's
Deeds Nos. DK001735-01-02 and DK001730-01-02 are accepted
and the Mayor is authorized to sign the Deeds on behalf of
the City. The two excess drainage easements are located on
the easterly side of Valle Road south of the freeway ramps
and on the north side of Via Serra in the extreme southern
portion of the City.
11. ACCEPTANCE OF EASEMENT DEEDS, CASITAS DE ALIPAZ
(68) The following Easement Deeds granted to the City for Street
(91) and Highway Purposes in conjunction with development of
Casitas de Alipaz are accepted:
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(1) From Lorraine Erro, Parcel No. 668-161-03;
(2) From Frank Woolsey, Parcel No. 668-181-04.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. AUTHORIZATION FOR REPLACEMENT HIRING - RECREATION LEADERS
(66) It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to concur with the City
Manager's approval of the replacement hiring of two part-time
Recreation Leaders for the Gamemobile Program, as set forth
in the report dated September 20th, as follows:
Recreation Leader I $3.33 per hour
Recreation Leader II $3.88 per hour
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. INITIATION OF GENERAL PLAN AMENDMENT 78-3
VAN ROEKEL, ET AL. FALKLAM
(46) Proposal:
(1) Van Roekel, et al.:
Consideration of General Plan and prezoning designations
for properties north of the City limits for submission
to the Local Agency Formation Commission. A Resolution
of application for annexation of four properties was
adopted on September 6, 1978.
(2) Falklam:
A request for a General Plan Amendment for 3.6 acres
of land on Del Obispo Street for a change in zoning
density to 2.5 units per acre for the entire acreage,
which would result in an increase from 9 to 12 dwelling
units.
Written Communications:
Report dated September 20, 1978, from the Director of
Community Planning and Development recommending that the
Falklam petition not be included within the General Plan
Amendment and that an Amendment be initiated to consider
changing the Composite Land Use Map designation for the
properties known as Van Roekel, et al. Staff also recommends
that the vacant 8.6 -acre Abdalmutti property and the
1.9 -acre Montessori property be included in the General
Plan Amendment study area.
The following persons addressed the Council in support of
the Falklam petition:
(1) D. J. Daniel, Jr., AIA, 3822 Campus Drive,
Newport Beach;
(2) Elmer Christiansen, civil engineer, 31882 Camino
Capistrano;
(3) Harry Falklam, 32151 Del Obispo Street.
Initiation of General Plan Amendment 78-3:
It was moved by Councilman Hausdorfer and seconded by
Councilman Schwartze that General Plan Amendment 78-3 be
initiated for consideration of both the Van Roekel properties
and the Falklam petition.
Council Discussion:
Council discussed the applicant's intent that traffic from
the Falklam property would be discharged onto Del Obispo
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Street, and Mayor Friess suggested that the circulation
pattern be combined with that of the adjacent Romer development.
The Director of Community Planning and Development advised
that the plans for the Romer property have been received and
suggested that the Romer and Falklam properties be combined
into a single General Plan study area. Mayor Friess then
suggested that Council consider the Van Roekel properties
at this time and that the Director of Community Planning and
Development contact Carlos Romer during the next 2 weeks for
discussion of including that property with the Falklam
petition. Councilman Thorpe questioned the scope of
extending the proposed Van Roekel study area to consider
a particular useage along the freeway, the staff time
that would be involved, and the environmental considerations.
In response to Mayor Friess, the Director of Community Planning
and Development clarified that the matter would be considered
by the Environmental Review Board and that the Environmental
Impact Report for the area could be amended.
With the concurrence of the second, the motion to initiate
General Plan Amendment 78-3 was amended to read as follows:
(1) To find that the proposed annexation of the four
properties known as Van Roekel, et al., and the land
use issues raised by the annexation warrant initiation
of General Plan Amendment 78-3 at this time pursuant
to Section 2.1.2 of Ordinance No. 293;
(2) To initiate General Plan Amendment 78-3 for a change
in the Composite Land Use Map designation for the
following properties from 1.2 Low Density Residential
to a new land use designation to be recommended by
the Planning Commission; said Amendment to be referred
to the Planning Commission for report and recommendation:
Van Roekel, Coast Bible Church, Dewire, triangular
parcel at Via Escolar/Marguerite Parkway, Abdalmutti,
and Montessori; and,
(3) To consider the Falklam petition at the meeting of
October 4th for possible inclusion within General
Plan Amendment 78-3.
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim,
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:10 P.M. and reconvened at 9:28 P.M.
DIRECTOR OF PUBLIC WORKS
1. ESTABLISHMENT OF ASSESSMENT DISTRICT 78-3
(74) This item was proposed for consideration at the Council meeting
(85) of July 5, 1978, but action was deferred at that time pending
receipt of funds in the amount of $15,000 to develop the debt
report and associated public hearings. The Director of Public
Works advised that the funds had been received; and, as
requested by Council, Mr. Hussey, representing St. Margaret's
Episcopal Church and one of the applicants, provided a list
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of the persons contributing to the funds raised. The Director
of Public Works also advised that the District is to be
designated as Assessment District No. 78-3.
Establishment of Assessment District 78-3:
It was moved by Councilman Thorpe and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 78-9-20-2, ASSESSMENT DISTRICT
NO. 78-3 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
A PLAT SHOWING THE GENERAL BOUNDARIES OF A PROPOSED
ASSESSMENT DISTRICT AND ESTABLISHING IMPROVEMENT
FUND.
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Approval of Agreements for Engineering and Legal Services:
It was moved by Councilman Thorpe, seconded by Councilman Buchheim
and unanimously carried to approve the following proposals for
assistance in developing an assessment district procedure:
(1) Letter proposal dated June 20, 1978, from
F. MacKenzie Brown for legal services in the
amount of $2,500.
(2) Letter proposal dated June 26, 1978, from W. E. Hamilton
of Ronald Martin and Associates, Inc., for engineering
services in the amount of $10,500.
The above services will be paid by deposit funds provided by the
proponents of the Assessment District.
2. STATUS REPORT
CAMINO CAPISTRANO IMPROVEMENT DISTRICT 78-2
(83) Council received copies of the report dated September 20, 1978,
from the Director of Public Works advising that the Underground
Utility Advisory Committee has concluded that San Diego Gas
and Electric Company will perform the utility undergrounding
work on Camino Capistrano from San Juan Creek Road to Forster
Street and on Del Obispo Street between Camino Capistrano and
the railroad tracks. Construction is to commence in November,
1978, with completion anticipated for February, 1979.
Mr. Murphy advised that a second presentation of the project
to the Chamber of Commerce is scheduled for September 28, 1978.
With the concurrence of Council, Mayor Friess declared the
report received and filed and directed the City Engineer to
begin proceedings for the formation of an assessment district
for Camino Capistrano. Mayor Friess also encouraged Council
Members to attend the September 28th presentation.
COUNCIL ACTIONS
1. LOS RIOS REVIEW COMMITTEE
(23) Council received copies of a report dated September 20, 1978,
from the City Manager forwarding the three applications
received for appointment to the Los Rios Review Committee.
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2.
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Since the Committee is to consist of five members who meet
specific criteria pursuant to Resolution No. 78-6-21-8,
Council deferred any action at this time and the report
was received and filed. Staff will solicit additional
applications.
DOWNTOWN PLAZA AND PARKING STUDY CC
(23) It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried that Dee Tyler, Member
of the Planning Commission, be appointed to fill the vacancy
on the Downtown Plaza and Parking Study Committee.
3. PUBLIC FACILITIES COMMITTEE
APPOINTMENT OF ROBERT DAVIES
(23) It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried that Robert Davies,
Member of the Planning Commission, be appointed to fill
the vacancy on the Public Facilities Committee.
COUNCIL REMARKS
1. 1978-83 FISCAL BUDGET PRIORITIES
(32) Councilman Thorpe wished to clarify that no firm budget
priorities had been set at the September 13, 1978,
Council meeting.
2. MONTHLY MEETINGS - COMMISSIONS/HOMEOWNERS ASSOCIATIONS
(32) Councilman Thorpe suggested that the monthly meetings with the
Mayor pro tem, Commission Chairmen and Department Heads be
held every other month with meetings with Homeowners
Association Presidents held the alternate months. The
meetings would be informal with no action to be taken
and no minutes.
3. BUS ROUTES, ORANGE COUNTY TRANSIT DISTRICT
(60) Councilman Thorpe suggested that a Resolution be sent to
the Orange County Transit District requesting that bus routes
be coordinated with opening and closing of schools for the
benefit of the students and encouraging bus stops near
school areas.
4. MULTI -MODAL TRANSPORTATION REPORT
(88) Councilman Schwartze advised that the Orange County
Transportation Commission had given the City's multi -modal
report a high ranking and commended staff members Pam
Hallan and Bill Murphy. Mayor Friess also commended
Mrs. Hallan for the revisions made to the consultant's
report.
5. SPECIAL ACTIVITY PERMIT
(65) Councilman Schwartze suggested consideration of a "Special
Activity Permit" process for programs of limited duration,
such as Head Start and requested that the matter be placed
on the "To Do List."
6. CITY PICNIC
(66) Councilman Schwartze inquired into
picnic. The City Manager advised
pending adoption of the budget.
the status of the annual
that plans have been held
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6 tr-i
7. LIONS CLUB COMMUNITY PROJECT
(61) Mayor Friess advised that a request had been received from
the Capistrano Valley Lions Club for suggestions for a
community service project in an amount of from $300 - $400
and asked the Director of Recreation to contact Darrell
Carmichael, Club President.
8. ORANGE COUNTY HEALTH PLANNING COUNCIL
(59) Mayor Friess requested that the City Clerk respond to the
September 14th letter from the Health Planning Council
regarding nominations to the Council.
9. CITY RETIREMENT SYSTEM
(66) Mayor Friess suggested receipt of a report on the status of
the City retirement system.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:10 P.M., to the next meeting date of Wednesday,
September 27, 1978, at 7:00 P.M. in the City Council Chamber.
ATTEST:
L"o, ' /r Q
KENNETH E. FRIES , MA OR
Respectfully submitted,
MARY ANN OVER, CITY CLERK
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