78-1101_CC_Minutes_Adjourned Regular Meetingluo
NOVEMBER 1, 1978
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California, was called to order by Mayor
Friess at 4:12 P.M., in the City Council Chamber.
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
W 102A 44��
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;
Tom Tomlinson, Associate Planner; Tom Baker, Director of Recreation;
Mary Ann Hanover, City Clerk.
CONTINUATION OF PUBLIC HEARING -
1978-83 FISCAL BUDGET
(24) Mayor Friess announced that the meeting was called for the
purpose of continuing discussion of the 1978-83 fiscal budget.
Written Communications:
(1) Memorandum dated October 31, 1978, from the City
Manager entitled Miscellaneous Council Direction
During Budget Hearings;
(2) Information Sheet entitled Capital Projects Program
Budget;
(3) Revisions to budget sheets dated November 1, 1978,
for Projected Statement of Resources and Application
of Resources; Capital Projects, Sewer Enterprise Fund;
Sewer Enterprise Fund, Fund Balance;
(4) Report dated November 1, 1978, from the City Manager
entitled Budget Hearing - 1978-83 Fiscal Budget,
forwarding a proposed Resolution for adoption of
the budget and additional revised budget sheets.
FISCAL IMPACT MODEL - PRESENTATION
(68) This item was scheduled at the request of the City Council
on October 25th. The City Manager advised that the City
had contracted for a 25 -year fiscal impact model prior to
the passage of Proposition 13 and, therefore, the original
results of the fiscal impact of development in the City were
no longer valid.
Tom Tomlinson, Associate Planner, made a brief oral presentation
' on the data characteristics of the system, which allows a
comparison in densities and type of land uses in the City,
both residential and commercial.
John Rau, Manager, Operations Research and Economic Analysis
Department of Ultrasystems, Inc., 2400 Michelson Drive, Irvine,
made an oral presentation on the fiscal impact of the Systems
Development Charge and a fiscal comparison of commercial vs.
industrial development. Copies of Mr. Rau's letter of
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104
November 1, addressed to the City Manager, were distributed.
Results of the latest study indicate that new development
will not pay its own way without the Systems Development
Charge, while imposition of the 1% charge would provide
revenues in excess of costs over a 5 -year period of time,
but not over 10 years. A brief review of commercial vs.
industrial development indicates that there would be no
significant difference in either revenues or costs other
than sales tax generated by commercial development. Mr. Rau
suggested that the permitted zoning on individual parcels
of land be evaluated in terms of type of development. Mayor
Friess thanked Mr. Rau for the presentation on behalf of the
Council.
CONTINUATION OF PUBLIC HEARING -
1978-83 FISCAL BUDGET
RECREATION DEPARTMENT
(62) Public Hearing:
Mayor Friess opened the Public Hearing on the proposed
increases in the Recreation Department budget and, there
being no response, declared the Hearing closed.
Written Communication:
(1) Report dated October 26, 1978, from the Director
of Recreation advising that due to rental charges
imposed by the Capistrano Unified School District a
budget increase of $3,000 is necessary for use of the
school facilities;
(2) Report dated November 1, 1978, from the Director of
Recreation advising that in order to totally fund the
Senior Citizen Coordinator position a budget increase
of $1,100 is necessary for 1978-79, with an additional
$7,407 each year thereafter;
(3) Report dated November 1, 1978, from the City Manager in
support of the budget increases.
Approval of Budget Increases:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to approve the following
increases in the Recreation Department budget:
(1) Rental and Lease Account, increase from $600 to $3,000;
(2) Personnel Services Account, increase 1978-79 allocation
by $1,100 and subsequent years by $7,407.
Increase in Class Registration Charges:
Council suggested that consideration be given to making the
class charges non-refundable or designating a specific period
of time for refunds.
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried that an additional 50C
charge be added to the Recreation classes to cover costs
of printing and administration beginning with the upcoming
winter program.
PROPOSED RESOLUTION REGARDING LOCAL CONTROL OF FUNDING
(41) There was a consensus of Council that a Resolution be prepared
for consideration at the November 8th meeting requesting
that the League of California Cities take a position in
support of local control of funds received through other
agencies.
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105
CAPITAL PROJECTS - MISSION BELL PARK
(24) It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried that all funds allocated
for Mission Bell Park in the total amount of $27,000 be
included in the 1978-79 fiscal year.
SYSTEMS DEVELOPMENT CHARGE AND OTHER FEES
Public Hearing:
Mayor Friess opened the Public Hearing, and the following
persons responded:
(1) Marilyn Williams, representing the Capistrano
Community Affairs Council, commented on the receipt
of reports after their Monday night Board meetings.
A poll of members resulted in opposition to the
Systems Development Charge, but if imposed the amount
should be reduced so that revenues produce only amounts
necessary to cover the budget shortfall; revenues
should not be utilized to reduce costs of existing
services; business license fees should continue but
should be administered by the Finance Department;
a continuing effort is urged to resolve deficits
in the employee pension program.
Mayor Friess thanked Mrs. Williams on behalf of the Council
for her dedicated efforts throughout the budgetary process.
There being no further response, the Hearing was closed.
COMPARISON OF DEVELOPMENT FEES (OLSEN
(25) Council received copies of a memorandum dated November 1,
1978, from Marty Bryant, Building and Safety Division,
comparing development fees charged by San Juan Capistrano
and the City of San Clemente and responding to a letter
dated October 27th from Roland Olsen, General Contractor.
The Director of Public Works made a brief oral presentation,
and Mayor Friess thanked Mr. Murphy for the timely response.
RESERVE FUNDS
There was a consensus of Council that a Reserve Fund be
scheduled for discussion on City Council Agendas once a
month for the next five months. Council Members are to
identify specific items for discussion for the benefit
of staff.
Councilman Buchheim requested that a worksession be scheduled
for the purpose of discussing the budget process.
SYSTEMS DEVELOPMENT CHARGE
Public Hearing:
Mayor Friess opened the Public Hearing on the Systems
Development Charge, Ordinance No. 364, and there being no
one wishing to address the Council, declared the Hearing
closed.
Re -affirmation of Charge:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried as follows:
(1) To determine that the Systems Development Charge
should continue as established by Ordinance No. 364;
(2) To direct staff to prepare an analysis of the fees for
the Council meeting of December 6, 1978, in terms of
rebating anticipated coverages;
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106
(3) To direct staff to prepare a plan for assistance to
commercial/industrial development with use of the fees
generated, in coordination with the commercial/industrial
incentives program;
(4) To determine that the effective date of the Ordinance
for collection of the charge shall be November 1, 1978;
cash collected and Promissory Notes entered into prior
to November 1st will be released.
ADJOURNMENT
There being no further business before the Council the Adjourned
Regular meeting was adjourned at 6:10 P.M., to the Regular Meeting
of November 1, 1978, at 7:00 P.M., in the City Council Chambers.
Respectfully submitted,
ATTEST:
U KENNETH E. FR ESS, MAYOR
MARY ANN �NOVER, CITY CLERK
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107
NOVEMBER 1, 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
7:10 P.M., in the City Council Chamber, followed by the Pledge of
' Allegiance to the Flag. Invocation was given by Father Ernest
Sillers, St. Margaret Episcopal 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 October 18, 1978:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe that the Minutes of the Regular Meeting of October 18,
1978, be approved as submitted. The motion carried by the following
vote:
' AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: None
ABSTAIN: Councilman Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Thorpe, 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
CONTINUANCE OF PUBLIC HEARING - APPEAL OF PLANNING
COMMISSION DENIAL, ZONE VARIANCE 78-18 (ISCH)
' (92) Mayor Friess announced that a request had been received
from John Isch for a continuance of the Appeal Hearing.
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that the Public Hearing on
the appeal of the Planning Commission denial of Zone Variance
78-18 be continued to the meeting of November 15, 1978.
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los
CONDOLENCES
(36) Mayor Friess announced that Sanji Kinoshita, long-time local
farmer, had passed away on October 30th and expressed
condolences to the family. There was a consensus of the
Council that flowers be sent on behalf of the City.
ADOPTION OF 1978-83 FISCAL BUDGET
(24) It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried that the following Resolution
be adopted:
RESOLUTION NO. 78-11-1-11 FISCAL BUDGET, 1978-83 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A BUDGET
AND FISCAL PROGRAM AND AUTHORIZING EXPENDITURES
RELATED THERETO
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution authorizes the following expenses, transfers
and contributions to reserves:
Year Ending June 30
1979
1980
1981
1982
1983
ORAL COMMUNICATIONS
Authorized Expense
$5,339,370.00
5,777,480.00
5,425,630.00
4,853,888.00
5,412,910.00
1. STATUS OF STREET REPAIR - CALLE ARROYO STORM DRAIN
(80) Michael Teichner, 31096 Via Madera, addressed the Council
(83) on behalf of the Board of Directors of the Mission Park
Homeowners Association, regarding the status of repair work
on Calle Arroyo and requested that the City re -inspect the
work and direct that the street repair be completed prior
to acceptance by the City.
2. MEREDITH CANYON LANDSCAPING, TRACTS 8087 AND 8319
(85) Jim Fischer, President, Meredith Canyon Community Association,
expressed his appreciation for the cooperation shown by the
City Council, City departments, and the developer in correcting
landscaping problems in the Meredith Canyon area. Mr. Fischer
requested continuing City inspection.
3. EQUESTRIAN COMMISSION - FIRST ANNUAL TRAIL RIDE
TO CASPERS PARK
(23) Ilse Byrnes, Chairman, Equestrian Commission, thanked the
City Council, City staff and the City Clerk/Equestrian
Commission Secretary for the assistance and support provided
for the First Annual Trail Ride from San Juan Capistrano to
Caspers Park held on October 15th.
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109
Mayor Friess expressed the Council's appreciation for the
cooperation of everyone involved in the event. The Report
dated November 1st from the City Clerk cites the numbers
of participants and the services provided at no cost to
the City; revenues resulted in a net amount of $238.00 to
be designated for equestrian trail development, acquisition
and maintenance from the Trail Ride Trust Account. The
Report was ordered received and filed.
PUBLIC HEARINGS
1. PREZONE 78-6 - BEAR BRAND RANCH
TRACT 9390, PARCEL 5A
(85) Proposal:
(21) Introduction of an Ordinance amending the Official Zoning Map
by prezoning Tract 9390, except Lot 41, to 100 EL (Large
Estate, 100 -foot minimum street frontage) prior to annexation,
pursuant to the Agreement of August 16, 1978, between the
City and Bear Brand Ranch. The property consists of approx-
imately 61 acres of land adjacent to the west City limits.
Written Communications:
(1) Report dated November 1, 1978, from the Director
of Community Planning and Development forwarding
the recommendation of approval made by the Planning
Commission at its meeting of October 10, 1978.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no
response, declared the Hearing closed.
Approval of Prezone:
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 Hausdor£er that the following
Ordinance be introduced:
ORDINANCE NO. 376, REZONE 78-6 (BEAR BRAND RANCH) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY PREZONING
TRACT 9390 EXCEPT LOT 41, TO 100 EL (LARGE
ESTATE, 100 -FOOT MINIMUM STREET FRONTAGE)
PRIOR TO ANNEXATION.
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. HOUSING AND COMMUNITY DEVELOPMENT ACT -
5TH YEAR GRANT APPLICATION, LOS RIOS AREA
' (23) Proposal:
(38) Approval of an application to participate in the Urban
County Grant Program 5th Year funding with the County of
Orange for expenditure in the Los Rios Area. The application
includes Assurance and Cooperation Agreements, Housing
Assistance Plan, Three -Year Comprehensive Strategy Program,
and Resolution proposing the following projects:
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110
Written Communications:
(1) Report dated November 1, 1978, from the Director
of Community Planning and Development advising
that the Los Rios Review Committee and the Planning
Commission recommend approval of the program.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no
response, declared the Hearing closed.
Approval of 5th Year Grant Application:
It was moved by Councilman Buchheim and seconded by Councilman
Hausdorfer that the following Resolution be adopted: —
RESOLUTION NO. 78-11-1-2, HOUSING AND COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM 5TH YEAR FUNDING -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY
OF ORANGE
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ORDINANCES
1.
374 AMENDING THE BUILDING AND
AND REPEALING ORDINANCE NO. 3
(25) The City Attorney read the title of the Ordinance next
(55) in order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was introduced on
October 18. It was moved by Councilman Thorpe and seconded
by Councilman Hausdorfer that the following Ordinance be
adopted:
ORDINANCE NO. 374, BUILDING AND HOUSING CODE FEES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A BUILDING PERMIT FEE
SCHEDULE AND REPEALING ORDINANCE NO. 356
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Requested
Project
Funding
(a)
Housing Rehabilitation -
continuation of Home Improvement
Loan Program to be administered
by a private lending institution
$ 75,000
(b)
Property Acquisition -
acquisition of land for Phase I
of housing construction program.
_
Initial property acquisition is
approximately 2 acres with an
estimated market value of $180,900.
$180,900
(c)
Public Improvements -
reconstruction of Los Rios Street
between Ramos and Verdugo Streets
$ 35,000
Total 5th Year funding application
$290,900
Written Communications:
(1) Report dated November 1, 1978, from the Director
of Community Planning and Development advising
that the Los Rios Review Committee and the Planning
Commission recommend approval of the program.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no
response, declared the Hearing closed.
Approval of 5th Year Grant Application:
It was moved by Councilman Buchheim and seconded by Councilman
Hausdorfer that the following Resolution be adopted: —
RESOLUTION NO. 78-11-1-2, HOUSING AND COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM 5TH YEAR FUNDING -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY
OF ORANGE
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ORDINANCES
1.
374 AMENDING THE BUILDING AND
AND REPEALING ORDINANCE NO. 3
(25) The City Attorney read the title of the Ordinance next
(55) in order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was introduced on
October 18. It was moved by Councilman Thorpe and seconded
by Councilman Hausdorfer that the following Ordinance be
adopted:
ORDINANCE NO. 374, BUILDING AND HOUSING CODE FEES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A BUILDING PERMIT FEE
SCHEDULE AND REPEALING ORDINANCE NO. 356
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111
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: None
ABSTAIN: Councilman Schwartze
2. ADOPTION OF ORDINANCE NO. 375 AMENDING THE GRADING AND
(25) The City Attorney read the title of the Ordinance next
(55) in order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was introduced on
October 18. It was moved by Councilman Hausdorfer and seconded
by Councilman Thorpe that the following Ordinance be adopted:
ORDINANCE NO. 375, GRADING AND ON-SITE IMPROVEMENT
FEES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING GRADING AND ON-SITE IMPROVE-
MENT PERMIT FEE SCHEDULES AND REPEALING ORDINANCE
NO. 357
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: None
ABSTAIN: Councilman Schwartze
RESOLUTIONS
1. ESTABLISHING
F
(44) Proposal:
A request that Caltrans and the Federal Highway Administration
add to the 1980 Functional Usage Study for inclusion in the
Federal Aid Urban (FAU) System for funding eligibility purposes:
Street
Camino Capistrano
La Novia
San Juan Creek Road
Limits
Avery Parkway to Route 1
(Pacific Coast Highway);
Ortega Highway to San Juan
Creek Road;
Camino Capistrano to La Novia
Written Communications:
(1) Report dated November 1, 1978, from the Director
of Public Works forwarding a proposed Resolution.
Approval of 1980 Functional Usage Study:
It was moved by Councilman Thorpe and seconded by Councilman
Buchheim that the following Resolution be adopted:
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112
RESOLUTION NO. 78-11-1-3, 1980 FUNCTIONAL USAGE
STUDY - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE CITY PORTION OF THE 1980 FUNCTIONAL USAGE STUDY
AND DESIGNATING THAT THE FOLLOWING STREETS BE ADDED
FOR THE FEDERAL AID URBAN (FAU) SYSTEM OF .HIGHWAYS:
CAMINO CAPISTRANO FROM AVERY PARKWAY TO ROUTE 1;
LA NOVIA FROM SAN JUAN CREEK ROAD TO ORTEGA HIGHWAY;
SAN JUAN CREEK ROAD FROM CAMINO CAPISTRANO TO LA NOVIA
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. APPLICATION FOR LAND AND WATER CONSERVATION FUNDS -
SENIOR CITIZEN'S RECREATION GARDEN PROJECT
(62) Proposal:
(41) An application for State Land and Water Conservation grant
funds in the amount of $3,500 to be used for a senior
citizen's vegetable garden in the area of the Dance Hall
building.
Written Communications:
Report dated November 1, 1978, from Pamela Hallan, Administrative
Aide II, forwarding a proposed resolution authorizing the
application.
Approval ofApplication:
It was moved by Councilman Buchheim and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 78-11-1-4. APPLICATION FOR LAND AND
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION
FOR LAND AND WATER CONSERVATION FUNDS - SAN JUAN
CAPISTRANO RECREATION GARDEN PROJECT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Council Members noted that permanent access should be
provided from the Dance Hall building to Descanso Park and
that consideration should be given to utilizing the
approximate 2 -acre adjacent area.
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT FOR SURVEYING SERVICES
(SOUTH COAST ENGINEERING
(38) Written Communications:
(37) (1) Report dated November 1, 1978, from the Director
of Public Works forwarding a proposed agreement with
South Coast Engineering Services of San Clemente,
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n3
California, for construction staking services.
The Agreement would supersede the Agreement of
February 2, 1977, and provides for amended fee
schedules.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to approve the Agreement for
Surveying Services between the City and South Coast Engineering
Serivices and to authorize the Mayor and City Clerk to execute
the Agreement on behalf of the City.
2. AGREEMENT FOR UPDATE OF MASTER PLAN OF DRAINAGE
(BERRYMAN AND STEPHENSON, INC.)
(38) Written Communications:
(80) (1) Report dated November 1, 1978, from the Director of
Public Works forwarding a proposed agreement with
Berryman and Stephenson, Inc., of Santa Ana, California,
for preparation of a report entitled "Master Plan of
Drainage for the San Juan Capistrano -Capistrano Beach
Area - 1978" for the sum of $9,700 payable from the
Drainage Fund.
Approval of Agreement:
it was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to approve the Agreement
for Engineering Services between the City and Berryman and
Stephenson, Inc., and to authorize the Mayor and City Clerk
to execute the Agreement on behalf of the City.
3. AGREEMENT FOR UPDATE OF MASTER PLAN OF SEWERS
(PRC TOUPS CORPORATION, INC.)
(38) Written Communications:
(80) (1) Report dated November 1, 1978, from the Director
of Public Works forwarding a proposed Agreement with
PRC Toups Corporation, Inc., of Orange, California, for
preparation of a report entitled, "Master Plan of
Wastewater Facilities" for the sum of $10,900 payable
from the Sewer Enterprise Fund.
Approval of Agreement:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement
for Engineering Services between the City and PRC Toups
Corporation, Inc., and to authorize the Mayor and City Clerk
to execute the Agreement on behalf of the City.
4. AGREEMENT FOR COMPLETION OF MASTER PLAN OF
DOWNTOWN AREA (CHNMB ASSOCIATES)
(38) Written Communications:
(68) (1) Report dated November 1, 1978, from the Director
of Community Planning and Development forwarding a
proposed Agreement with CHNMB Associates of San
Francisco, California, for preparation of a Master
Plan for the Historic Downtown Area for the sum of
$30,000 payable from the General Fund. The Agreement
incorporates the Steering Committee Study Redefinition;
it is anticipated that the work would be completed in
approximately 8 to 10 weeks.
Councilman Thorpe noted his concerns with the amount of
staff time to be delegated to technical support in preparation
of the Master Plan.
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Approval of Agreement:
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim to approve the Agreement between the City and CHNMB
Associates for preparation of a Master Plan for the Historic
Downtown Area and to authorize the Mayor and City Clerk to
execute the Agreement on behalf of the City. The motion
carried by the following vote:
AYES: Councilman Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
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
1. APPROVAL OF WARRANTS
(41) The List of Demands dated November 1, 1978, Warrants Nos.
15317 through 15396, inclusive, in the total amount of
$360,198.55, is approved as submitted.
2. REPORT OF PLANNING COMMISSION MEETING OF
OCTOBER 24, 1978
(67) The Report of Actions taken by the Planning Commission at
the meeting of October 24, 1978, is ordered received and
filed.
3. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
MEETING OF OCTOBER 5, 1978
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meeting of October 5, 1978, is ordered
received and filed.
4. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR
BIDS - LOS RIOS AREA STREET IMPROVEMENTS (HCDA)
(23) The plans and specifications for the construction of new
(38) street sections and drainage improvements for Mission and
Ramos Streets are approved and staff is authorized to
advertise for bids. The project cost is estimated at
$91,000, to be funded from Housing and Community Development
Act grant funds, as set forth in the report dated November 1,
1978, from the Director of Public Works.
5. CLAIM AGAINST THE CITY (CHIDESTER)
(35) The Claim filed on October 16, 1978, by Myron R. Fisher on
behalf of Jerry Paul Chidester for personal injuries
allegedly occurring on July 9, 1978, is denied and
referred to the City's insurance carrier, Dan Gorman
Insurance, as set forth in the Report dated November 1,
1978, from the City Clerk.
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115
6. APPROVAL OF FINAL MAP, TRACT 9578
(COUNTRY HILLS DEVELOPMENT COMPANY)
(85) The Final Map for Tract 9578 is approved with the determination
that said Map is consistent with the General Plan and in
substantial compliance with the approved Tentative Map; all
fees have been paid and all conditions of approval met. The
Subdivision Agreement is approved and the Mayor and City Clerk
authorized to execute the Agreement on behalf of the City.
7. ACCEPTANCE OF PUBLIC IMPROVEMENTS
(85) The public improvements for Division of Land 74-4 are
accepted and staff is authorized to release the following
bond:
Labor and Material Bond No. 90 25 336 in the
amount of $6,600 issued by Fidelity and Deposit
Company
The following bond is extended to November 1, 1979, at
which time staff is authorized to effectuate the release:
Faithful Performance Bond No. 90 25 336 in the
amount of $6,600 issued by Fidelity and Deposit
Company.
8. REQUEST FOR AUTHORIZATION TO ATTEND
ON RECORDS MANAGEMENT (CITY CLERK)
(31) The request dated November 1, 1978, from the City Clerk for
authorization to attend the Third Institute on Records
Management sponsored by The American University and the
National Archives and Records Service, November 13-17, 1978,
in San Francisco, is approved. Total costs are estimated
at $560, including tuition of $310.
ORTEGA HIGHWAY TRAFFIC SIGNAL INTERCONNECT -
APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS
(87) It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the plans and
specifications to interconnect the traffic signals on Ortega
Highway between Del Obispo Street and the freeway ramps and
to authorize the City Engineer to advertise for bids. The
project cost is estimated at $15,000 to be paid from Capital
Projects, Gas Tax Fund 2106, as set forth in the Report
dated November 1, 1978, from the Director of Public Works.
Councilman Hausdorfer called attention to the fact that the
purpose of the project is to reduce delay and congestion in
the vicinity of the Ortega Highway and Interstate 5.
CALLE ARROYO SEWER FINAL REPORT (FROST CONSTRUCTORS)
(80) At the request of Council, consideration of the Notice of
Completion and Final Report for the construction of the
Calle Arroyo Sewer was held over to the meeting of
November 15th for receipt of a more detailed report on
responsibility for the condition of the street and the
work necessary for completion.
PROPOSED ABANDONMENT OF PORTION OF GANADO ROAD
(25) At the request of staff, this item was held over for action
at a later date.
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116
TREE REMOVAL PERMITS - ORTEGA HIGHWAY AND CAMINO CAPISTRANO
(74) Written Communications:
(1) Report dated November 1, 1978, from the Director
of Community Planning and Development regarding
the following applications for tree removal permits
submitted by the Public Works Department:
(a) 5 trees located on the south side of
Ortega Highway between Tracts 8485 and
9204 within the right-of-way for the
widening of Ortega Highway; and,
(b) Dead oak tree located on the east side
of Camino Capistrano between Ortega Highway
and Acjachema Street. _
The Director of Community Planning and Development requested
authorization to report further on the Ortega Highway trees
at the meeting of November 8th, and Council concurred.
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to authorize the removal
of the dead oak tree on Camino Capistrano.
It was moved by Councilman Thorpe and seconded by Councilman
Buchheim to authorize the straightening of the curb of
Camino Capistrano and to remove the tree basin containing
the above oak tree. The motion carried by the following
vote:
AYES: Councilmen Thorpe, Buchheim and Mayor Friess
NOES: Councilmen Hausdorfer and Schwartze
ABSENT: None
HEARING DATE, APPEAL OF PLANNING COMMISSION DECISION
CONDITIONAL USE PERMIT 78-4 (COMMUNITY COUNSELING CENTER)
(39) Written Communications:
(1) Report dated November 1, 1978, from the City Clerk
forwarding a letter dated October 20, 1978, from
Mr. and Mrs. Jeffrey V. Heininger, 31355 E1 Horno
Street, appealing the decision of the Planning
Commission in approving the temporary location of
a pre-school at 31380 La Matanza. The $25.00 appeal
fee has been paid.
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to set a Public Hearing
date for November 15, 1978, pursuant to the Land Use Code.
Councilman Buchheim requested a report on the status
of the pre-school.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. LIBRARY SITE REPORT
(52) Written Communications:
(78) (1) Report dated November 1, 1978, from the City Manager
advising that at their meeting of October 16, 1978,
the School Board had deferred action on a proposed
lease agreement with the City for use of the southeast
corner of the Capistrano High School property as a
County library site. The Report lists other properties
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11'
in the City for consideration as library sites, as
well as an evaluation of the preferred location on
the School District property.
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to reiterate the City's
position that the southeast corner of the Capistrano Union
High School site is the preferred location for the County
library site and to advise the School Board that the City's
offer to construct 6 tennis courts at Capistrano Valley
High School at a cost of $135,000 and maintain the existing
courts in exchange for a 99 -year lease is the City's final
offer; if not acceptable, the City will investigate alter-
native sites.
With Council concurrence, Mayor Friess directed that the
City's position be forwarded to the School Board; Mr. Friess
will represent the City at the November 16th School Board
meeting.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. MEREDITH CANYON LANDSCAPING - TRACTS 8087 AND 8319
STATUS REPORT
(85) Written Communications:
(1) Two Reports dated November 1, 1978, from the Director
of Community Planning and Development regarding the
status of remedial slope landscaping for Tracts 8087
and 8319.
(2) Report dated November 1, 1978, from the Director of
Public Works regarding status of repairs to slope
damage, installation of landscaping and irrigation
facilities, and public facilities. The grading bonds
will be held until repairs are completed to the City's
satisfaction; the labor and material bond for public
improvements will be released upon completion of the
work, with the faithful performance bond held for one
year thereafter.
Mayor Friess requested a summary of the compaction reports;
and, with concurrence of the Council, directed that the
above reports be received and filed.
2. PROPOSED DEVELOPMENT OF PRIMA
SITE -
REGIONAL
(45) Proposal:
A request for a determination of conformity with the City's
General Plan for interim use of the Prima Deschecha site as
a combination refuse disposal site/regional park, with ultimate
development as a permanent regional park, pursuant to
Section 65402 of the Government Code.
Applicant:
Orange County Environmental Management Agency, 811 North
Boardway, Santa Ana 92702.
Written Communications:
(1) Report dated November 1, 1978, from the Director of
Community Planning and Development forwarding the
Planning Commission recommendation of October 24th.
Exhibits were on display and Mr. Merrell made an oral
presentation and pointed out road alignments proposed by
the County.
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118
Intent to Initiate General Plan Amendment for
ect:
It was moved by Councilman Thorpe and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 78-11-1-5
PLAN CnwPnRMTTv - 9RnpnR
OF GENERAL
iF THE PRIMA
DEbUMEChA REGIONAL PARK/REFUSE DISPOSAL SITE - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, FINDING THE PROPOSED
DEVELOPMENT OF THE PRIMA DESCHECHA PARK/REFUSE DISPOSAL
SITE NOT IN CONFORMANCE WITH THE CITY'S GENERAL PLAN
AND EXPRESSING THE COUNCIL'S INTENTION TO INITIATE A
GENERAL PLAN AMENDMENT TO STUDY THE AREAS OF
NON -CONFORMITY
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution finds that the proposed project does not
conform with the Circulation Element and ridgeline preservation
designation on the Composite Land Use Map of the City's
General Plan and expresses the City Council's intention to
initiate a General Plan Amendment in 1979 to resolve the
non-conformanities, said Amendment to be predicated on
City -County cooperation to refine the development plan
regarding details of grading and the alignment of La Pata
and Camino Las Ramblas.
In forwarding the Resolution to the Board of Supervisors,
staff is directed to prepare a letter indicating the City's
specific intentions in changing the proposed circulation
patterns.
GENERAL PLAN AMENDMENT 78-3 - FUNDING OF ENVIRONMENTAL
IMPACT REPORT (VAN ROEKEL, ET AL.)
(46) Proposal:
(21) Payment of a portion of the cost for preparation of an
Environmental Impact Report in conjunction with the City -
initiated General Plan Amendment prior to consideration
of pre -zoning and annexation of approximately 31 acres of
land at the north City limits known as Van Roekel, et al.
Written Communications:
(1) Report dated November 1, 1978, from the Director
of Community Planning and Development.
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to authorize the expenditure
of $1,990 for preparation of an Environmental Impact Report
for General Plan Amendment 78-3 and to accept the commitment
from the owners of the Van Roekel and Dewire properties to
contribute $1,000 each towards the total cost of $3,990
proposed by the consultant firm of ECOS Management Criteria.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. PROPOSED LANDSCAPE
DISTRI
(74) Proposal:
(85) Formation of landscape maintenance districts within Tracts
7673, 8485, 9284 and 9373, with administration by the City
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2.
119
and payment by residents within the district boundaries
through property tax assessments, as proposed by the
subdivision developers.
Written Communications:
(1) Report dated November 1, 1978,'from the Director
of Public Works providing preliminary reports on.
each of the proposed tract landscape districts.
Council Discussion:
Councilman Schwartze questioned.the.staff_time involved in
responding to complaints if such districts are formed and
suggested that notices be placed in .tract sales.offices
advising potential buyers of costs. to be borne by the""
districts. Councilman Thorpe stated his opposition to
the proposal and requested that the formation of such
districts be placed on a future Agenda for determination
of Council policy. Mayor Friess noted that the maintenance
would be for individually -owned properties and not for open
space, commonly -owned property.
Approval of Preliminary Reports:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the Preliminary
Reports for the formation of landscape maintenance assessment
districts for.Tracts 7673, 8485, 9284, 9382 and 9373.
No action was taken on establishing public hearing dates.
Mayor Frie'ss noted the location of the equestrian trail in
Tract 9373 and lack of access across Calle Arroyo.
SERRA TREATMENT PLANT, PROJECT..COMMIT= NO. 2 -
AUTHORIZATION FOR ELECTRICAL REPAIRS
(79) Written Communications:
(1) Report dated November 1, 1978, from the Director
of Public Works.
Authorization for Electrical Repairs:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to authorize the Director
of Public Works to approve purchase orders for electrical
repairs at the SERRA Treatment Plant, Project Committee No. 2,
in a total amount not to exceed $15,000.
3. APPROVAL OF RIGHT-OF-WAY EASEMENT FOR ELECTRICAL SERVICE -
SAN JUAN HOT SPRINGS DANCE HALL
(91) Proposal:
(23) Quitclaim of a right-of-way easement to San Diego Gas and
Electric Company to provide electric utility services to
the Hot Springs Dance Hall requiring installation of a
power transformer.
Written Communications:
(1) Report dated November 1, 1978, from the Director
of Public Works forwarding the right-of-way document.
Approval of Utility Easement:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to authorize the Mayor and
City Clerk to execute the right-of-way document granting a
utility easement to San Diego Gas and Electric Company on
behalf of the City.
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720
PARKS ANII RECREATIGU'COMMISSION
1. DEDICATION CEREMONY -
SAN JUAN HOT SPRINGS DANCE HALL
(23) Written Communications:
(1) Report dated -November 1, 1978;,from:the Secretary to
.the -,Parks and Recreation Commission.setting forth the
proposed program for dedication of the San Juan Hot
Springs Dance Hall building scheduled for November 15,
1978, at 4:00 P.M.
Approval of Dedication Ceremony:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the date of
November 15, 1978, and to authorize an expenditure not to
exceed $250.00 for a plaque, invitations and refreshments.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. CAMINO DEL AVION STORM DRAIN
(80) Councilman Hausdorfer requested that.Council consider:
approval of the Camino del Avion Storm Drain project in
one continuous phase and that specific design be implemented
as soon as possible with a goal of.commencing the -work in
the Spring of 1979.
It was moved by Councilman.Thorpe, seconded by Councilman
Buchheim and unanimously carried that staff bec'directed to
prepare a report for the Council meeting of November 15th
setting forth the procedures necessary to implemen't.the
project.
2. LEAGUE OF CALIFORNIA CITIES
(61) Councilman Schwartze, the City's Delegate to the League of
California Cities, requested that items of concern to the
League be placed on the November 15th Council Agenda.
3. TRASH RECEPTACLES AT CITY PARKS
(45) Mayor Friess directed that a report on the cost of providing
trash containers at City parks be placed on a City Council
Agenda in December, as requested by Councilman Thorpe.
4. VIOLATIONS OF CONDITIONAL USE PERMITS7--
SAND AND GRAVEL AND TOPSOIL OPERATIONS
(39) It was moved by Councilman Schwartze,'seconded by- Councilman
Hausdorfer and unanimously carried to direct staff;to take
the necessary action to stop both the San Juan Creek sand and
gravel operation and the topsoil operation near Ganado Raod
due to non-compliance with the Conditional Use Permits and
to authorize staff to cite the operators, if necessary,
prior to the next_Council meeting:
5. SIGN TO MUNICIPAL OFFICES
(25) Councilman Buchheim noted that the Municipal Offices sign
at the intersection of Del Obispo-Streetand Paseo Adelanto
is in -need of refurbishing and requested that staff look
into the matter.
6. MONTANEZ ADOBE
(23) Councilman Buchheim reported on a recent meeting of the
Board of Supervisors regarding the status of the Montanez
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121
Adobe, and Mayor Friess directed that consideration of use
of the Adobe be placed on an Agenda in the near future and
that the matter be referred to the Cultural Heritage
Commission for review and recommendation.
7. ORANGE COUNTY TRANSPORTATION MEETING
(60) Mayor Friess noted the public meeting scheduled for Monday,
November 20th in the Council Chamber, by the Orange County
Transportation Commission's Citizen Advisory Board, regarding
transportation problems in the South County and suggested
that Council briefly discuss the matter on November 15th.
8. ORANGE COUNTY GRAND JURY
(56) Mayor Friess noted that a request had been received for
nominees to the Grand Jury by March 31, 1979, and directed
that the matter be placed on the To Do List.
9. VILLAGE SAN JUAN LANDSCAPING
(85) Mayor Friess noted that landscaping at Village San Juan had
been started but not finished and requested that the Director
of Community Planning and Development check into the matter.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:58 P.M., to the adjourned regular meeting of
Wednesday, November 8, 1978, at 7:00 P.M., in the City Council
Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
MARY ANNOVER, CITY CLERK
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