78-1115_CC_Minutes_Regular Meeting12`1
NOVEMBER 15, 1978
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Friess at
7:02 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman Gary
Hausdorfer.
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;
Tom Baker, Director of Recreation; James S. Okazaki, City
Attorney; Cheryl Johnson, Deputy City Clerk.
MTNLITRS
Adjourned Regular Meeting of October 25, 1978:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe that the Minutes of the Adjourned Regular meeting of
October 25, 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
Adjourned Regular Meeting of November 1, 1978:
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe that the Minutes of the Adjourned Regular Meeting of
November 1, 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
Regular Meeting of November 1, 1978:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that Minutes of the Regular Meeting of November 1, 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
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MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, 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
RECONSIDERATION OF WATERWORKS DISTRICT NO. 4
PROJECT, TRACT 6381 (FREDRICKS DEVELOPMENT)
(85) Appeal:
(94) Waterworks District No. 4 presented an appeal of a decision
made by the Environmental Review Board in eliminating one
access ramp to the construction site of the Mission Hills
Reservoir, and in requiring a more southeasterly location
for the stockpile of dirt from the construction site. Ray
Woodside, Engineer for the Water District, cited the need
for two access ramps to the construction site and the
additional funds that would be expended to relocate the
proposed stockpile. He advised that the proposed stockpile
area is on the easterly side of the ridgeline and not visible
from the freeway or other residences. The Director of Public
Works presented the concerns of the Environmental Review Board;
those being to maintain the area as open space, with the
reservoir submerged; that there be no stockpile on a preserved
area; and, to tie into an existing road.
The Council discussed the stockpiling of dirt, and the hauling
and dumping involved and cited the need for the reservoir to
serve new homes to be constructed in the area.
Approval of Access Road and Stockpile Area:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the plans
presented by the Water District for the location of the
dirt stockpile and the two access ramps for the construction
of the Mission Hills Reservoir.
Councilman Thorpe expressed concern that the area of the
construction be returned to its original contours.
PRESENTATIONS AND COMMENDATIONS
1. MOBILE HOME RENT CONTROL
(25) Mr. Al Arps, Chairman of the San Juan Capistrano Mobile Home
Council, addressed the Council in support of initiating the
appointment of a five -member body to deal with the problem of
providing relief from the increased costs in the City's mobile
home parks. He suggested adoption of an ordinance or resolution
regulating rent increases; utility costs; all cleanup, security
and holding fees; and park rules.
Mr. Arps requested some action before the new year, advising
that additional costs are levied at that time.
At the request of Mayor Friess, Mr. Arps introduced Mr. Earl
Lane, Director of the Orange County Golden State Mobile Home
Owners League, and Ms. Pat Kish, Member of the National Mobile
Home Council and a consultant in Supervisor Clark's office.
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Council Discussion:
Mayor Friess advised that he felt the request is legitimate
and worth Council's consideration; Councilman Thorpe advised
he would be in favor of appointing an interim body or a group
to initiate discussion. Councilman Hausdorfer expressed
concern about coordination with the County.
Formation of Interim Committee:
With the concurrence of Council, Mayor Friess recommended
formation of an interim committee composed of Bud Hanson,
Manager, Rancho Del Avion; Dr. I. Watkins, DDS, owner,
Capistrano Valley Mobile Estates; Councilman Schwartze; and
two additional persons to be suggested by Mr. Arps. The first
meeting is scheduled for November 29th at 7:00 P.M., in the
Council Chamber; an agenda report is to be scheduled for
December.
1. COMMISSION REPRESENTATION
(67) Michael Berns, Chairman of the Planning Commission, advised he
was present to answer any questions regarding recommendations
made by the Commission.
2. APPEAL OF CONDITIONAL USE PERMIT 78-4
(39) Jeffrey Heininger, 31355 E1 Horno, applicant, requested
permission to address the Council at the Public Hearing.
3. CAMINO DEL AVION STORM DRAIN
(80) Shig Kinoshita, 27015 Calle Real, Capistrano Beach, requested
permission to address the Council on this matter.
PUBLIC HEARINGS
1. CONTINUATION OF PUBLIC HEARING
APPEAL OF PLANNING COMMISSION DENIAL,
ZONE VARIANCE 78-18 (ISCH)
(92) At the request of applicant, this appeal hearing was
continued from the meeting of November 1, 1978.
Proposal:
Appeal of the Planning Commission action of September 26,
1978, denying a variance to permit the construction of a
second story on a garage structure in the rear yard of
property located at 31292 Ysidora Street. The Planning
Commission, in Resolution No. PC 78-9-26-1, recommended
denial of the project based on three of the four mandatory
findings required by Section 2.3.4 of the Land Use Management
Code.
Applicant:
Mr. and Mrs. John Isch, 31292 Ysidora Street, San Juan Capistrano.
Written Communications:
(1) Report dated November 1, 1978, from the Director of
Community Planning and Development forwarding the
Planning Commission recommendation of denial of Zone
Variance 78-18;
(2) Addition to the Agenda Item dated November 15, 1978,
from the Director of Community Planning and Development
forwarding additional background material.
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(3) Memorandum dated September 12, 1978, from the
City Manager forwarding a chronology of events
leading to the Isch appeal;
(4) Letter dated October 26, 1978, from Milton Davis,
33142 Blue Fin Drive, Dana Point, owner of adjacent
property at 31304 Ysidora Street, opposing Zone
Variance 78-18;
(5) Two letters dated October 25 and September 19, 1978,
from Maurice Koeberle, 31302 Calle San Pedro, in
opposition to the variance.
(6) Letter dated November 13, 1978, from Maurice Koeberle
submitting easement documentation for lots in the area.
(7) Letter dated November 1, 1978, from James Reavis,
31292 Calle San Pdero, stating opposition to the
project and forwarding a letter dated June 12, 1978,
expressing concern for the legality of the project.
Mr. Merrell gave a slide presentation showing the impacts of
the project on surrounding areas, and the background leading
to the Planning Commission's denial of the variance, noting
that the original plans the Commission approved were for a
one-story building; the variance in question is for the
additional floor to encroach within the 5 -foot setback and
to exceed the maximum height limitation by 2 feet. Mr. Merrell
cited ways to make the existing structure conform to Land Use
Management Code requirements.
Continued Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open. The following persons
addressed the Council in favor of the project:
(1) Dave Carmen, Attorney representing the applicant;
(2) John Isch, applicant, presented a petition signed by
neighbors in support of his project;
(3) Elisabeth Isch, applicant;
(4) Mary Jane Forster, 31312 Guadalupe.
The following persons addressed the Council in opposition to
the project:
(1) Maurice Koeberle, 31302 Calle San Pedro;
(2) Leo Quirk, 31341 Andres Pico, presented photographs
taken of the project from his property;
(3) Cindy Quirk, 31341 Andres Pico;
(4) James Reavis, 31292 Calle San Pedro.
There being no one else wishing to address the Council, Mayor
Friess declared the hearing closed.
Mr. Merrell discussed the Land Use Management Code with regard
to differences in height between principal structures and
accessory structures, and explained that Mr. Isch would have
to obtain permission from two property owners in order to
build his driveway.
RECESS AND RECONVENE
Council recessed at 9:27 P.M., and reconvened at 9:40 P.M.
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Council Discussion:
Council concurred that they would have been opposed to the
original variance had it been for a two-story building and
expressed concerns regarding the four mandatory findings
pursuant to Land Use Management Code Section 2.3.4.
Denial of Zone Variance 78-18:
It was moved by Councilman Hausdorfer and seconded by Councilman
Thorpe to sustain the action of the Planning Commission and deny
the appeal of Zone Variance 78-18. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: Councilman Buchheim
ABSENT: None
Council suggested that staff work with Mr. Isch in alleviating
the problems.
2. APPEAL OF PLANNING COMMISSION DECISION
CONDITIONAL USE PERMIT 78-4
(COMMUNITY COUNSELING CENTER)
(39) Proposal:
(78) An appeal of the October 10, 1978, Planning Commission decision
approving the Conditional Use Permit to allow the Community
Counseling Center to establish a Head Start pre-school at a
location currently known as the "Scout Hut" and located at
the intersection of La Matanza and E1 Horno Road. The hearing
date was set by Council action of November 1, 1978.
Applicant:
Jeffrey and Jayne Heininger, 31355 E1 Horno Street.
Written Communications:
(1) Report dated November 15, 1978, from the Director
of Community Planning and Development forwarding
the Planning Commission recommendation of approval
and the applicant's October 20th appeal letter.
(2) Letter dated November 9, 1978, from Charlotte
McKinley, 31361 La Calera, San Juan Capistrano,
in opposition to the proposed use.
Mr. Merrell advised that the Counseling Center is under
constraints to receive Federal grant monies and wishes to
establish the school at the proposed location for an interim
one-year period and that the use would be termined by July 31,
1979. Conditions set by the Planning Commission include
length of use, fencing, parking, and loading zones.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open. The following persons
addressed the Council in opposition to the Conditional Use
Permit:
(1) Jeffrey Heininger, 31355 E1 Horno, noted a petition
had been submitted to the Planning Commission.
(2) Paul Pitzer, 31442 La Matanza;
(3) Roberta Sukut, 31326 Don Juan;
(4) Winona Thomason, 31306 Don Juan;
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(5) Fred Thomason, 31306 Don Juan.
The following persons addressed the Council in favor of the
Conditional Use Permit:
(1) Evelyne Villegas, Director of the Head Start Program;
(2) C. C. McCary, 31501 La Matanza.
There being no one else wishing to address the Council, Mayor
Friess declared the hearing closed.
Council Discussion:
Councilman Thorpe suggested that in the future any petitions
relevant to the issue should be included in the packet. Council
concurred that they would support the project with the under-
standing that the use would be temporary and that they would
not grant another Conditional Use Permit for the project in
the future.
Approval of Conditional Use Permit 78-4:
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim to sustain the action of the Planning Commission and
approve Conditional Use Permit 78-4, and further that all
parties should coordinate to find a better location; that
some uses located in the area may no longer be appropriate
and should be considered when studying the Civic Center area,
with consideration given to terminating the fire station use
at its present location. The motion carried by the following
vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Traffic Commission was directed to study the area in terms
of speed and parking problems. Mayor Friess suggested that
Council consider a resolution to the Capistrano Unified School
District suggesting that the City has taken on the responsibility
for the Head Start program on an interim basis; and, that being
an educational matter, the Council feels the educational system
should actively cooperate with Head Start to find a solution to
the problem. The City Manager advised that the resolution would
be returned at the next regular meeting.
STATUS REPORT ON CAMINO DEL AVION STORM DRAIN
(80) Council received copies of a report dated November 15, 1978,
from the Director of Public Works, listing six alternatives
and cost estimates for the implementation of the Camino del
Avion Storm Drain, as follows:
Alternate 1 - Construct all three phases of the
storm drain at $635,000.
Alternate 2 - Construct Phase 1 only at $303,000
Alternate 3 - Construct drainage structure on north
side of Del Obispo at $100,000
Alternate 4 - Construct all three phases of the Del
Avion Storm Drain and drainage structure on
north side of Del Obispo at $748,000
Alternate 5 - Construct Phase 1 and drainage structure
on north side of Del Obispo at $404,000
Alternate 6 - take no action.
The project was originally to be completed in three phases
with the first phase being completed in conjunction with County
funding; however, the County cancelled their funding of the
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project. The report was presented at the request of
Council for consideration and direction. The staff
recommended Alternate 5.
Shig Kinoshita, 27015 Calle Real, Capistrano Beach, owner
of affected property, addressed the Council in support of
Alternate 1, advising that flooding is still a problem. He
advised that Alternate 5 would be acceptable; that control
of the run -o££ from the north side of Del Obispo is a major
problem.
' The Director of Public Works advised that the thrust of
Alternate 5 is to design Phases 2 and 3 and the drainage
facility; there is no recommendation for funding at this time.
Council Discussion:
Councilman Hausdorfer expressed strong support for Alternate 1
and suggested funds be designated from the Agricultural
Preservation or Drainage Funds. Council discussed the
funding differences between Alternates 1 and 5, expressing
concern regarding funding sources and time elements involved.
Authorization to Implement Alternate 5:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer to authorize staff to implement Alternate 5, which
commences construction of Phase 1 in the Spring with Phases
2 and 3 to be implemented as soon as possible after the
completion of Phase 1. The motion carried unanimously.
Funding was discussed from the following sources: Drainage
Fund, the Agricultural Preservation Fund and possible funding
from other agencies.
Authorization to Implement Short -Term Corrective Measures:
It was moved by Councilman Thorpe, seconded by Councilman
' Hausdorfer to request staff to meet with the property owners
regarding rapid and short-term solutions to the flow problem
from the north side of Del Obispo, and to provide a cost
estimate, with funding to be considered from the Agricultural
Preservation Fund. The motion was subsequently amended to
include an authorization for staff to spend up to $3,000,
to be charged to the Agricultural Preservation Fund, to
implement plans and design work. The motion carried
unanimously.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 376,
REZONE 78-6 (BEAR BRAND RANCH)
(95) The City Attorney read the title of the Ordinance next in
(55) 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. The Ordinance was introduced at the
regular meeting of November lst.
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:
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AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ADOPTION OF ORDINANCE NO. 377,
LANDSCAPE MAINTENANCE DISTRICTS -
TRACTS 7673, 8485, 9284, 9373, AND 9382
(74) Proposal:
(55) To adopt a Special Ordinance of intent to form the landscape
maintenance district and setting a hearing for December 6,
1978, at 7:00 P.M., in the City Council Chamber to receive
protest and input on the formation of landscape maintenance
districts for 5 tracts.
Written Communications:
(1) Report dated November 15, 1978, from the Director
of Public works forwarding the proposed Ordinance
of Intent.
Council Discussion:
Mayor Friess expressed the concern that each purchaser be
made aware of the maintenance district and the costs involved.
The Director of Public Works advised that requirements for
signing or mailing can be built into the Ordinance establishing
the District.
Adoption of Ordinance of Intent to Form Open Space Maintenance
District:
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. 377, LANDSCAPE MAINTENANCE DISTRICT -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING INTENT TO FORM AN OPEN SPACE
MAINTENANCE DISTRICT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
Councilman Thorpe requested that any future proposals for
Maintenance Districts be brought to Council attention at the
planning stage.
RESOLUTIONS
1. RESOLUTION OF INTENT TO VACATE
PORTION OF GANADO ROAD
(25) Proposal:
To vacate a portion of Ganado Road located within properties
owned by Glendale Federal Savings and Loan and Romarco Realty.
Applicants:
(1) Glendale Federal Savings and Loan Association,
401 North Brand Boulevard, Glendale 91209
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(2) Romarco Realty Corporation, P. O. Box 338,
San Juan Capistrano 92693
Written Communications:
(1) Report dated November 15, 1978, from the Director
of Public Works forwarding the Resolution of Intent.
Adoption of Resolution of Intent to Vacate
Portion of Ganado Road:
It was moved by Councilman Buchheim and seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 78-11-15-1, INTENT TO VACATE PORTION
OF GANADO ROAD - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
ITS INTENTION TO VACATE A PORTION OF GANADO ROAD
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution sets a hearing for December 6, 1978, at 7:00 P.M.,
in the City Council Chamber.
2. FORMATION OF NEW SCHOOL DISTRICT
(78) Proposal:
Proposed creation of a new unified school district which would
divide the City into two separate districts. At the present
time the City is located entirely within the boundaries of
the Capistrano Unified School District.
Written Communications:
(1) Report dated November 15, 1978, from Loretta Murray,
forwarding a Resolution in opposition to the formation
of the School District.
A petition for the formation of the new school district was
received by the Orange County Committee on District Organization;
a public hearing will be held in March, 1979, as the first step
in the proposed creation of the district.
Adoption of Resolution Opposing Formation of New School District:
It was moved by Councilman Schwartze and seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 78-11-15-2, OPPOSING THE FORMATION OF
NEW SCHOOL DISTRICT BOUNDARIES - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, OPPOSING THE FORMATION OF NEW SCHOOL
DISTRICT BOUNDARIES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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136
BIDS, CONTRACTS, AGREEMENTS
1. AUTHORI
IqA
IED
(38) Proposal:
Rejection of bid and authorization to re -advertise for
maintenance of Descanso Park and Specified Parkways.
Written Communications:
(1) Report dated November 15, 1978, from the Director
of Public Works.
Authorization to Re -advertise for Bids: _
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve the revised
Notice Inviting Bids and to reject the bid received November 1,
1978; the Public Works Department is authorized to re -advertise
for the landscape maintenance of Descanso Park and Specified
Parkways.
CONSENT CALENDAR
It was moved by Councilman Thorpe and seconded by Councilman
Hausdorfer 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
[.`791 W Iii�C.TLa
1. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF OCTOBER 31, 1978
(41) The City Treasurer's Report of Investments as of October 31,
1978, is approved as submitted.
V,
1911
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of October 31, 1978, is approved as submitted.
3. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF SEPTEMBER 30, 1978
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the three-month period ending September 30, 1978, is _
approved as submitted.
4. REPORT OF CULTURAL HERITAGE C6MMISSION ACTIONS OF
NOVEMBER 7, 1978
(41) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of November 7, 1978, is ordered received and
filed.
5. REPORT ON CORRECTIONS OF
TRACTS 8087 AND 8319 (MEREDITH)
(85) The report from the Director of Public Works, dated November 15,
1978, regarding the status of corrective grading work is received
and filed.
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6. TIME EXTENSION - SAN JUAN HOT SPRINGS
DANCE HALL (OLSEN)
(23) The Contract Change Order No. 3, granting a 61 -day time
extension for completion of the Dance Hall is accepted.
The Change Order extends the completion date to December 15,
1978.
7. APPEAL OF PLANNING COMMISSION DENIAL
OF ZONE VARIANCE 78-15 (GROOS)
(92) Written Communications:
(1) Report dated November 15, 1978, from the City Clerk
forwarding a letter dated October 31, 1978, from
Mr. and Mrs. Glen W. Groos, 33501 Calle Miramar,
San Juan Capistrano, appealing the decision of the
Planning Commission in denying Zone Variance 78-15
for the construction of an outside stairway from a
second floor patio deck structure. The $25.00 appeal
fee has been paid.
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to set a Public Hearing
for December 6, 1978, pursuant to the Land Use Management
Code.
APPROVAL OF WARRANTS
(41) Following clarification of Warrant No. 15453, it was moved
by Councilman Hausdorfer, seconded by Councilman Thorpe and
unanimously carried that the List of Demands dated November 15,
1978, Warrants Nos. 15397 through 15485, inclusive, in the
total amount of $233,522.72, is approved as submitted.
RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT -
CALLE ARROYO SEWER (FROST CONSTRUCTORS)
(80) At the request of staff, consideration of the Notice of
Completion and Final Report for the construction of the
Calle Arroyo Sewer was held over to the meeting of December 6th
pending final inspection of the seal coat.
In response to Mayor Friess regarding a long-term solution,
the Director of Public Works advised that recapping of the
street would provide the best finish. Staff was directed to
address the recapping of Calle Arroyo in terms of cost and
responsibility.
SUBDIVISIONS AND ANNEXATIONS
1. AGREEMENT TO PARTICIPATE IN DEL
OBISPO-AGUACATE ROAD CURVE,
TRACT 9299 (REB INVESTMENTS)
(38) The Agreement between the City and REB Investments, 930 Via
Lido Nord, Newport Beach, 92660, for participation in the
street improvements at the Del Obispo-Aguacate Road curve is
accepted and the Mayor and City Clerk authorized to execute
the Agreement on behalf of the City. The project will improve
' Del Obispo Street at its intersection with Aguacate Road to
increase safety.
2. ACCEPTANCE OF SUBDIVISION AGREEMENT,
TRACT 9299 (REB INVESTMENTS)
(38) The Agreement between the City and REB Investments, 930 Via
Lido Nord, Newport Beach, 92660, for a one-year postponement
of the requirement to install public and private improvements
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is approved and the Mayor and City Clerk authorized to
execute the Agreement on behalf of the City.
The following irrevocable letters of credit from the Bank
of America are accepted:
Irrevocable Standby Letter of Credit No. SBLA-88088,
dated October 26, 1978, in the amount of $55,000 for
the improvement of the Del Obispo-Aguacate Road curve;
Irrevocable Standby Letter of Credit No. SBLA-88090,
dated October 26, 1978, in the amount of $66,000 for
Labor and Materials (public) at $15,500; Faithful
Performance (private) at $48,300; and, Monumentation
at $2,500;
Irrevocable Standby Letter of Credit No. SBLA-88087,
dated October 26, 1978, in the amount of $15,500
covering faithful performance on public improvements.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT - MEREDITH CANYON LANDSCAPING
TRACTS 8087 AND 8319
(85) Council received copies of a report dated November 14, 1978,
from the Director of Community Planning and Development advising
that a field inspection of the hydroseeding and remedial planting
of trees and shrubs was conducted November 3, 1978, and that the
installation was found to be satisfactory. The report was
ordered received and filed.
2. SAND AND GRAVEL OPERATIONS: TOPSOIL OPERATION:
SAN JUAN CREEK, GANADO ROAD
(39) Council received copies of a report dated November 15, 1978,
from the Director of Community Planning and Development citing
two activities found to be operating in violation of the Land
Use Management Code; a sand and gravel operation in San Juan
Creek; and, a topsoil storage yard on Ganado Road. The
Director of Community Planning and Development advised that
both operators were advised to cease and desist; and, with
their failure to comply, have been referred to the City Attorney.
The City Attorney advised he is working on a method of citing
these types of violations in the future, and requested
direction in making them a criminal matter. It was moved
by Councilman Schwartze, seconded by Councilman Thorpe and
unanimously carried to receive and file the report and to
authorize the City Attorney to take the necessary action
with regard to the above-mentioned violations.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. CONTRACT FOR CITY OPERATION AND MAINTENANCE,
SERRA TREATMENT PLANT
(79) Council received copies of a report dated November 15, 1978,
from the Director of Public Works, forwarding an agreement for
City operation and maintenance of the SERRA Wastewater Treatment
Plant. The Agreement would run from January 1, 1979, through
June 20, 1980, and provides for payment to the City as contractor
in the amount of $32,281.00 per month.
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It was moved by Councilmen Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the agreement for
the operation and maintenance of the SERRA Treatment Plant
and to authorize the Mayor and City Clerk to execute the
Agreement on behalf of the City.
2. AGREEMENT FOR SLUDGE PROCESSING UNIT -
SERRA TREATMENT PLANT
(79) Proposal:
' To approve an agreement with International Waste Systems, Inc.
for sludge disposal, including processing and hauling. The
company is to engineer, construct, install, and be responsible
for, a Thermax Sludge Bioconversion Facility at the SERRA
Treatment Plant.
Written Communications:
(1) Report dated November 15, 1978, from the Director of
Public Works, forwarding the proposed agreement.
Approval of Agreement:
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried to approve the Agreement
for installation of Thermax Unit, Sludge Processing and Hauling
at J. B. Latham Regional Waste Treatment Facility.
The City's share of the monthly cost, fixed for a period of
two years, is $1,325.
SERRA Representative:
Mayor Friess suggested that since the City has approved the
Operations and Maintenance Contract for the SERRA Treatment
Plant, it might be appropriate to appoint a new representative
to the SERRA Board of Directors to relieve Councilman Thorpe
of the additional duties. Councilman Thorpe suggested appoint-
ment of a citizen, with a councilman as an alternate. With
the concurrence of the Council, Mayor Friess directed that
the appointment to the SERRA Board be agendized in the near
future.
3. AUTHORIZATION TO EXPEND FUNDS FOR REPAIR OF STREET SWEEPER
(75) Council received copies of a report dated November 15, 1978,
from the Director of Public Works, advising of the need to
overhaul or replace the primary engine on the Mobil Street
Sweeper and additional repairs to the auxiliary engine. The
cost for repair of the two engines, including parts, labor
and contingencies, is estimated at $4,000.
Authorization to Repair Street Sweeper:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to authorize the expenditure
of $4,000 in the Public Works Cleaning Function for repairs and
maintenance of the street sweeper. Staff is to investigate
sources of funding other than the General Fund.
DIRECTOR OF RECREATION
1. USE POLICY AND REGULATIONS
' SAN JUAN HOT SPRINGS DANCE HALL
(69) Council received copies of a report dated November 15, 1978,
(23) from the Director of Recreation, forwarding the proposed Hot
Springs Dance Hall Use Policy and Regulations.
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Approval of Policy and Regulations:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the Hot Springs
Dance Hall Use Policy and Regulations. Council suggested
that Sunday hours be extended to 10:00 P.M.
Mayor Friess suggested that a sidewalk be constructed between
the Dance Hall and Descanso Park, possibly to the barbeque
area and requested the Director of Recreation to provide a
cost estimate. The Director of Public Works advised that a
budget item will be coming before the Council of $20,000
for minor corrections and that the sidewalk could be included
in that.
COMMITTEE REPORTS
1. REPORT FROM DELEGATE TO ORANGE COUNTY
DIVISION, LEAGUE OF CALIFORNIA CITIES
(COUNCILMAN SCHWARTZE)
(61) Councilman Schwartze suggested his report be postponed to the
meeting of December 6th, due to the lateness of the hour; and
advised that a speaker from the League of California Cities
will be present to discuss the Inter -County Airport Authority.
COUNCIL REMARKS
1. EMERGENCY SERVICES RESPONSE
(36) Councilman Schwartze commended the emergency services for the
quick action and response to the plane crash which occurred
November 12th.
2. DECEMBER SCHEDULE OF MEETINGS
(32) Councilman Hausdorfer suggested consideration be given to
conducting only one meeting in December.
3. LANDSCAPING AT VILLAGE SAN JUAN
(85) Councilman Thorpe expressed concern at
trees at the entry to Village San Juan,
restrictions and safety hazards. Mayor
Traffic Engineer investigate.
4. TRUCK TRAFFIC - GANADO ROAD
the location of the
citing possible sight
Friess suggested the
(87) Councilman Thorpe requested action on barring truck traffic on
Ganado Road. The Director of Public Works advised that the
Traffic Commission is studying the problem and that their
recommendation will be forthcoming.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:11 A.M., Thursday, November 16, 1978, to the next
meeting date of Saturday, November 18, 1978, at 8:00 A.M., in the
City Council Chamber.
ATTEST:
Xlz
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
i
CHERYL JOk , DEPUTY CITY CLERK
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11/15/78
141
NOVEMBER 18, 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 8:00 A.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
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager.
EXECUTIVE SESSION
(33) Council recessed to an Executive Session for discussion
of the City Manager's contract and reconvened at 11:40 A.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:41 A.M., to the Regular Meeting of December 6,
1978, at 7:00 P.M., in the City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
MARY ANNA OVER, CITY CLERK
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