78-1206_CC_Minutes_Regular Meeting143
DECEMBER 6, 1978
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Friess at
7:06 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.
ly' 01065&1
Adjourned Regular Meeting of November 8, 1978:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe that the Minutes of the Adjourned Regular Meeting of
November 8, 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 15, 1978:
It was moved by Councilman Thorpe, seconded by Councilman Schwartze
that the Minutes of the Regular Meeting of November 15, 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 18, 1978:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the Minutes of the Adjourned Regular Meeting of
November 18, 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
-1- 12/6/78
1.44
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
PRESENTATIONS
1. PACIFIC TELEPHONE COMPANY,
ORANGE COUNTY YELLOW PAGES DIRECTORIES
(90) Paul Wiltsee, Directory Staff Manager, Pacific Telephone,
Los Angeles Office, addressed the Council with -regard to
the Company's application to the Public Utilities Commission
to delete the Laguna Niguel area from the South County Yellow
Pages, which presently include San Clemente, San Juan Capi-
strano and Laguna Niguel. The Council had previously stated
opposition to the proposal. Mr. Wiltsee distributed copies
of the Company's proposal to split County coverage into 5
directories and stated that City residents may request all
5 books.
Council Members reiterated opposition to the proposed
re -arrangement, and commented as follows: increases in
commercial development have not been considered since two
large shopping centers are being developed outside of the
City; overlapping area directories should be considered; if
2 books are printed, both should be delivered to residents;
future major road changes will bring shoppers closer to the
City; the South County is an extremely high growth area and
shopping trends cited will differ by 1980-81; the figures
used in the proposal do not uphold the company's position.
Mr. Wiltsee advised that he would propose a dual listing
arrangement so that Laguna Niguel businesses will be listed,
in both books; however, San Juan businesses would not be
listed in both books. Mayor Friess requested that the Council's
input be forwarded to the telephone company planners for
serious consideration.
2. INTER -COUNTY AIRPORT AUTHORITY,
LEAGUE OF CALIFORNIA CITIES RESOLUTION -
MAYOR FRIED, CITY OF YORBA LINDA
(61) Mayor Irwin Fried, City of Yorba Linda, addressed the Council
and introduced Charles Rosen, President of Prevent Airport
Through the Chino Hills, who provided background information
on the Airport Authority (ICAA) and requested that the City _
endorse the position that an independent body determine airport
locations rather than the ICAA.
Following the presentation, Council concurred that Councilman
Schwartze, the City's representative to the League of California
Cities, should continue to vote against the League Resolution —
adopted May 11, 1978, which supports the airport planning
efforts of the ICAA.
ORAL COMMUNICATIONS
1. COMMISSION AND BOARD REPRESENTATION
(23) The following chairmen advised that they were present to
(67) answer any questions with regard to recommendations made
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145
to the Council:
Richard Nelson, Traffic and Transportation Commission;
Michael Berns, Planning Commission;
Harrison Negley, Architectural Board of Review.
2. MEREDITH CANYON LANDSCAPING, TRACTS 8087 AND 8319
(85) John Conley, President of the Meredith Canyon Community
Association, addressed the Council and concurred with the
landscape status report submitted later on the Agenda and
suggested that the landscape bonds not be released until
the developer has concurred with all conditions.
3. TRACT 9204, TRAFFIC CHANNELIZATION -
ORTEGA HIGHWAY AVENIDA SIEGA
(87) The following persons requested an opportunity to address
the Council when the above item is considered:
Mel Rosenbaum, P. O. Box 85, San Juan Capistrano;
Frank Sanaback, owner of Tract 9204;
Lief Erickson, developer of Tract 9204.
4. MONTANEZ ADOBE
(23) Bill Fischer, President of the San Juan Capistrano Historical
Society, P. O. Box 81, requested an opportunity to address
the Council when the Adobe is considered.
5. DIVISION OF LAND 78-3;
GENERAL PLAN AMENDMENT 78-2A (THE RANCH)
(85) The following persons requested an opportunity to address
(46) the above items:
Bruce Church, 26851 Canyon Crest Road,
President of the San Juan Alliance of Homeowners;
Charles Hickson
6. DEFACEMENT OF PROPERTY
(72) Mr. Church also requested that
graffiti painted on walls along
area of E1 Camino Real Park.
WRITTEN COMMUNICATIONS
action be taken to remove the
Camino Capistrano in the
1. ORANGE COUNTY HEALTH PLANNING COUNCIL -
REPORT FROM CITY DELEGATE
(59) At the request of Pauline Leonard, City delegate to the
Health Planning Council, consideration of her report dated
October 3, 1978, was held over to the Council meeting of
January 3, 1979.
2. COUNTY LIBRARY -
PROPOSAL FOR DESIGN COMPETITION
(52) Council received copies of a letter dated November 21, 1978,
from the Architectural Board of Review requesting that the
City Council sponsor a design competition for the County
Library to be located at Acjachema Street and E1 Camino Real
in the Mission District with the assistance of County
personnel. The aim is to provide a design that is tradi-
tional in nature and compatible with the Spanish architecture
of the Old Mission.
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12/6/78
146
Council Members concurred in supporting the proposal and
referred the matter to staff for implementation in cooperation
with the County and with the suggestion that a representative
of the County participate in judging of the design. Mayor
Friess expressed the Council's appreciation to the Board for
the suggestion.
COMMITTEE REPORTS
1. APPOINTMENT OF AD HOC MOBILE
HOME PARK REVIEW COMMITTEE
(23) Councilman Schwartze reported on a meeting held November 29,
1978, with representatives of the San Juan Capistrano Mobile
Home Council and Dr. Ervin Watkins, as set forth in the
memorandum dated December 6th.
Establishment of Ad Hoc Committee and Appointment of Members:
It was moved by Councilman Schwartze, seconded by C
Thorpe and unanimously carried to establish a Mobil
Rent Review Committee on an ad hoc basis; to direct
Attorney to draft an ordinance for a more permanent
for submission to the Council January 3, 1979; and,
following members be appointed to the committee:
1. Edwin Clark, mobile home owner, 32302 Alipaz,
Space 267;
2. Austin Dodge, mobile home owner, 32371 Alipaz,
Space 124;
3. Bud Hanson, mobile home park manager, Rancho
Del Avion;
4. Dr. Ervin Watkins, mobile home park owner,
Capistrano Valley Estates;
5. Pat Kish, mobile home park consultant, Orange
County;
6. Angela Bailey (alternate member), mobile home
owner, 32302 Alipaz, Space 171.
ouncilman
e Home
the City
committee
that the
Rent Stabilization Ordinance:
There was a concurrence of Council that the City Attorney
prepare a draft rent stabilization ordinance for submission
to the Council at the meeting of January 17th; the committee
is to review the draft prior to that time.
Committee Report:
There was a consensus of the Council that the ad hoc committee
report back to the Council with a complete list of the problems
being experienced by individuals involved with mobile homes
and with suggestions for eliminating or minimizing those
problems.
Committee Name:
Mayor Friess suggested that the name "Ad Hoc Mobile Home Rent
Review Committee" be amended since committee considerations
are not limited to rental concerns.
PUBLIC HEARINGS
1. ZONE VARIANCE 78-15 -
APPEAL OF PLANNING COMMISSION DENIAL (GROOS
(92) Proposal:
Appeal of the decision made by the Planning Commission on
October 10, 1978, in denying a request to allow a stairway
structure to encroach 7 feet into the 10 -foot minimum side
yard setback on the north side of a single-family residence.
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147
Applicant:
Glen W. and Terry B. Groos, 33501 Calle Miramar.
Written Communications:
(1) Report dated December 6, 1978, from the Director
of Community Planning and Development advising that
the Commission had approved a one -foot encroachment
on the south side and a three-foot encroachment on
the north side of the residence, but had denied the
seven -foot stairway encroachment.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Hearing open, and the following persons
responded:
(1) Glen W. Groos, applicant, spoke in favor of the
variance request, advised that the stairway was in
existence and had been constructed by friends while
he was out of town and stated that the houses had been
improperly located on the lots so that there are no
ten -foot side yard setbacks on three houses in the area.
(2) Michael Berns, Chairman of the Planning Commission,
spoke in opposition to the request, stated that the
applicant had been advised of the four findings required
for approval of a zone variance and suggested that the
City request receipt of a letter referred to by Mr.
Groos which states that residents built the stairway.
There being no further response, the hearing was closed.
Approval of Zone Variance:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim to approve the appeal of Zone Variance 78-15 for
the entire request as submitted by Glen and Terry Groos,
which would overturn the action of the Planning Commission;
the Planning Commission is to continue utilizing the same
methodology in finding the four matters of fact relating to
zone variances. The motion carried by the following vote:
AYES:
NOES:
ABSENT:
RECESS AND RECONVENE
Councilmen Schwartze, Buchheim and
Mayor Friess
Councilmen Hausdorfer and Thorpe
None
Council recessed at 9:02 P.M., and reconvened at 9:22 P.M.
2. APPROVAL OF TENTATIVE PARCEL MAP FOR
DIVISION OF LAND 78-3 (HONEYMAN)
(85) Proposal:
A division of 337 acres of land into 2 parcels consisting
of 322 acres and 15 acres respectively for property located
east of Interstate 5 and north of the Ortega Highway known
as Rancho Los Cerritos or the Honeyman Ranch.
Applicant:
Robert Honeyman, P. O. Box 607, San Juan Capistrano 92693.
Written Communications:
(1) Report dated December 6, 1978, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning
Commission on November 19, 1978, which includes
waiver of all road dedications.
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Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open, and the following persons
responded:
(1) Charles B. Hickman, Attorney at Law, representing
the applicant, spoke in favor of the proposal as
approved by the Planning Commission.
There being no further response, the Public Hearing was closed.
Approval of Division of Land 78-3:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer that the following Resolution be adopted with
the conditions amended to read as follows:
113. Immediate dedication and improvement of
Horno Creek Road and Rancho Viejo Road are
hereby waived in accordance with the waiver
clause of Article 4.8 0£ Ordinance 293 for
the purpose of approving this Division of
Land only."
RESOLUTION NO. 78-12-6-1, TENTATIVE PARCEL MAP
nTVTCTnNT nV T.AMn 7Q -Z 1UnNT.'VMAM\ - A DVCl1T.TTTTn
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A TENTATIVE
PARCEL MAP FOR DIVISION OF LAND 78-3
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
3. TRACT 6305 - AMENDMENT TO RESIDENTIAL
ALLOCATION SCHEDULE (LECK/FORSTER)
(85) Proposal:
(28) A request for 31 additional dwelling unit permit allocations
during 1979 or 1980 for Tract 6305, a subdivision of 264 acres
into 132 lots located north of the Ortega Highway and east
of the E1 Nido Mobile Home Park. The Residential Allocation
Schedule provides that the 31 units would be allocated after
1981.
Applicant:
John T. Hall, Inc., 707 Wilshire Boulevard, Los Angeles 90017.
Written Communications:
(1) Report dated December 6, 1978, from the Director of
Community Planning and Development forwarding the
November 28th recommendation of the Planning Commission
that the Residential Allocation Schedule be amended
to grant the additional allocations in 1980 and the
staff recommendation that the units be granted in
1979 or 1980.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no
response, closed the Hearing.
Approval of Amendment to Residential Allocation Schedule:
It was moved by Councilman Thorpe and seconded by Councilman
Hausdorfer that the following Resolution granting 31 additional
dwelling unit permit allocations in 1980 to Tract 6305 be
adopted:
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HEA
RESOLUTION NO. 78-12-6-2, AMENDMENT TO RESIDENTIAL
ALLOCATION SCHEDULE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE RESIDENTIAL ALLOCATION SCHEDULE FOR THE
YEARS 1978, 1979, 1980 AND 1981 IN ACCORDANCE WITH
SUBSECTION 5-G OF ORDINANCE NO. 314 (TRACT 6305)
The motion carried by the following vote:
AYES: Councilmen Hausdor£er, Schwartze, Thorpe,
' Buchheim and Mayor Friess
NOES: None
ABSENT: None
4. GENERAL PLAN AMENDMENT 78-2 (THE RANCH)
(46) Proposal:
A request for an amendment to the General Plan to accommodate
a future zone change from AG (General Agriculture) to new
land use designations which would provide for scattered
medium -density residential clusters of approximately 220
units distributed around farming and grazing areas, neighbor-
hood commercial, and office and research/industrial uses,
and deletion of the future Horno Creek Road from the Circulation
Element with loop system to provide internal circulation. The
area under consideration consists of 325 acres of land located
east of Interstate 5 and north of the Ortega Highway, 322 acres
of which is known as Rancho Los Cerritos or the Honeyman Ranch.
Applicant:
The Ranch of San Juan Capistrano, c/o George Riley, 23001
Moulton Parkway, Suite A-16, Laguna Hills, 92653.
Written Communications:
(1) Report dated December 6, 1978, from the Director
of Community Planning and Development forwarding
the recommendation made by the Planning Commission
on November 28, 1978.
(2) Memorandum received December 4, 1978, from Michael
Berns, 26921 Canyon Crest Road, recommending that
the proposed deletion of Horno Creek Road be referred
back to the Planning Commission and that the area
known as Helicopter Hill be designated as a protected
ridgeline.
Announcements:
(1) Mayor Friess announced that no Council action would
be taken at this time and that following discussion
and receipt of input, the Public Hearing will be
continued to the meeting of January 3, 1979, due
to the required 30 -day public review period for the
Environmental Impact Report.
(2) Councilman Buchheim announced that he is the owner of
a 3 -acre parcel of property at the northwest boundary
of the project which is included in the General Plan
' Amendment. Mr. Buchheim then excused himself from
the discussion and stepped down from the dais.
Exhibits were on display, and Larry Lawrence, Senior Planner,
made an oral presentation of proposed land uses and summarized
the main differences between the proposal and the existing
General Plan designations.
Public Hearing:
Notice having been given as required
declared the Public Hearing open and
responded in favor of the proposal:
by law, Mayor Friess
the following persons
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150
(1) George Riley, applicant and limited partner in
the project;
(2) Cliff Cooper, c/o San Juan Financial, 32118 Paseo
Adelanto, AR, San Juan Capistrano, limited partner;
(3) John Lloyd, 512 Harbor Island Drive, Newport Beach,
limited partner, who made a slide presentation.
Council Members noted their appreciation for the presentation
and the large model of the project.
Mayor Friess noted there there are no guarantees to the City
regarding continuation of agricultural preservation and
suggested that a time frame be developer for control by
the City of continued agricultural use. Mr. Riley advised
that the partnership has agreed that the land should be in
permanent agriculture. Mayor Friess noted that there is no
designation for equestrian trails in the proposal; Mr. Lawrence
advised that the General Plan Trail along Horno Creek would
remain on the General Plan and that the equestrian trail
would connect through the Forster -Zeck project. With regard
to public access for the trails, Mr. Riley advised that there
is no objection to riders going through, but some limits on
the hours of use should be considered.
The following persons then addressed the Council:
(1) Michael Berns, 26921 Canyon Crest Road, spoke in
favor of installation of a City trail, which could
also serve as a means of access if Horno Creek Road
is deleted;
(2) Bill Gardner, 30231 Silver Spur Road, noted that the
area of Helicopter Hill and water tower was designated
as a major ridgeline on the original master plan and
requested that the ridgeline be protected. Mr. Gardner
also supplied photographs of the area.
(3) David Wayne, 30192 Branding Iron Road, stated that
Helicopter Hill would be permanently disfigured by
cluster housing.
(4) Guy Baker, 30172 Branding Iron Road, spoke in support
of protection of the Helicopter Hill ridgeline;
(5) Eldon Cutler, 30171 Silver Spur Road, noted that the
Mission Hills Homeowners Association had been required
to address an alternate site so that an equestrian arena
was not on a ridgeline and therefore cluster housing
should not now be allowed on the ridgeline.
There being no further response, Mayor Friess continued the
Public Hearing to the meeting of January 3, 1979.
In response to Mayor Friess, Mr. Riley noted that if
Horno Creek Road were connected to Highland Drive at the
north, commuter circulation could be accomplished without
disturbing the residential area. Mayor Friess requested
that Mr. Riley contact County representatives to discuss
circulation alternatives.
RECESS AND RECONVENE
Council recessed at 10:44 P.M., so that exhibits could be cleared
from the Chamber and reconvened at 10:50 P.M., with all Members
present.
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5.
78-2B
151
(46) Proposal:
Originally a request for expansion of the Ranch Market
located on Del Obispo Street from 1-1/2 acres to approximately
5 acres with increases in square footage of the building.
The proposal was subsequently amended to a site area of
3-1/2 acres with uses consistent with the City's agriculture
preservation program and development to include street
' improvements, underground utilities, landscaping, and
expansion of the existing building. The Agriculture Preser-
vation Committee and the Planning Commission have reviewed
the revised proposal and indicated that the project could be
pursued as a rezone consistent with the General Plan rather
than as a General Plan Amendment.
Applicant:
Charles Vermeulen, 11591 Cielo Place, Santa Ana 92705
Written Communications:
(1) Report dated December 6, 1978, from the Director
of Community Planning and Development.
Public Hearing:
Notice having been given, Mayor Friess declared the Public
Hearing open and the following persons responded:
(1) Walter Wood, Paseo de la Paz, requested notification
when the rezone is considered.
The Hearing was then closed.
Withdrawal of General Plan Amendment 78-2B:
It was moved by Councilman Schwartze, seconded by Councilman
' Hausdorfer and unanimously carried to withdraw the General
Plan Amendment and to direct staff to investigate and develop
a district which is consistent with the 4.2 Agri -Business
land use designation.
HEARINGS
1. FORMATION OF LANDSCAPE MAINTENANCE DISTRICT -
TRACTS 7673, 8485, 9284, 9373, AND 9382
(74) Proposal:
Adoption of an ordinance to establish a
district, with the cost paid by annual
properties within the district pursuant
Government Code. Any expenses incurred
first year's operating costs are to be
tract developers.
landscape maintenance
assessments upon the
to limits of the
by the City for the
reimbursed by the
Written Communications:
(1) Report dated December 6, 1978, from the Director
of Public Works.
Councilman Thorpe requested that in the future the Council
be apprised of such projects prior to involvement in the
' planning process. In response to Mayor Friess, the Director
of Public Works advised that in order to avoid formation of
the district, it would be necessary to provide another means
of maintaining the landscaping; the period for requiring
formation of a homeowners association has passed. Mayor
Friess noted that when the district formation was originally
discussed, he had understood that the district applied only
to the common areas of the tracts.
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152
Chuck King, 26872 Calle Hermosa, Capistrano Beach, developer
of Tract 9284, addressed the Council to protest formation
of the district.
In response to Mayor Friess, the City Attorney advised that
it would be possible for the future homeowners to request
that the district be dissolved, that the City could dissolve
the district once it is established, and that the State Real
Estate Commission requirements would have to be satisfied
before developers could form homeowners associations in
lieu of the landscape districts. Mayor Friess noted that
notification procedures to all purchasers of property in
the district are needed.
Formation of Landscape 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 with the inclusion of requirements
for notification by letter from developers to all persons
purchasing property advising of the existence of the maintenance
district:
ORDINANCE NO. 378, FORMATION OF LANDSCAPE MAINTENANCE
DISTRICT - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FORMING 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
VACATION OF PORTION OF GANADO ROAD
(25) Proposal:
(91) Abandonment of portions of Ganado Road that are no longer
needed to Romarco Realty Corporation and Glendale Federal
Savings and Loan. Notices of the hearing were duly posted
pursuant to Section 8322 of the California Streets and
Highways Code.
There being no one wishing to address the Council, it was
moved by Councilman Hausdorfer and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 78-12-6-3, VACATION OF PORTIONS
W ROP101910lSi]kNLi1WMWjM
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ORDERING THE VACATION OF PORTIONS OF GANADO ROAD
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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153
BIDS, CONTRACTS, AGREEMENTS
1. LEASE ASSIGNMENT TO CITY -
MONTANEZ ADOBE
(23) Proposal:
Consideration of a request from the County of Orange for
a determination of the City's interest in assuming the Montanez
Adobe restoration project from the County through lease
assignment. The building is a 1794 adobe located on Los
' Rios Street and listed in the National Register of Historic
Places. The County holds a 50 -year lease agreement with the
property owners, Forrest and Marlijo Dunivin. The County has
proposed that remaining Revenue Sharing Funds in the amount
of $18,978 be transferred to the City.
Written Communications:
(1) Report dated December 6, from Pamela Hallan, Secretary
to the Cultural Heritage Commission, forwarding the
letter dated November 17, 1978, from H. G. Osborne,
Director of the County Environmental Management Agency.
The following persons addressed the Council in support of
the proposal:
(1) Bill Fischer, President, San Juan Capistrano Historical
Society;
(2) Arthur Lavagnino, 32302 Camino Capistrano;
(3) Gep Durenberger, 31431 Camino Capistrano.
Approval of Lease Assignment Proposal:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to authorize the Mayor to
' transmit a letter to the County indicating the City's interest
in assuming the Montanez Adobe restoration project including
lease assignment, subject to the review of the City Attorney.
TRAFFIC AND TRANSPORTATION COMMISSION
1. TRAFFIC SAFETY -
ORTEGA HIGHWAY AND AVENIDA SIEGA
(87) Proposal:
Removal of five trees on Ortega Highway at Avenida Siega at
a cost of $900 for the purpose of improving sight distance
at the intersection which will provide access to Tract 9204.
A traffic channelization plan proposed by staff was not
recommended by the Commission.
Written Communications:
(1) Report dated December 6, 1978, from George Alvarez,
Traffic Engineer, forwarding the recommendation made
by the Commission on November 16th.
The following persons addressed the Council:
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(1)
Mel Rosenbaum, owner of
the property in
question,
stated that the houses,
rather than the
trees,
'
obstruct vision.
(2)
Leif Erickson, developer
of Tract 9204,
stated his
opposition to diverting
traffic through
Tract 8485.
(3)
Frank Sanaback, owner of
Tract 9204, stated his
opposition to paying for
the removal of
trees on
property belonging to someone else.
-11- 12/6/78
154
(4) Richard Nelson, Chairman, Traffic and Transportation
Commission, noted that a definite sight distance
problem exists.
The Director of Community Planning and Development advised
that a Public Hearing on removal of the trees had been held
in conjunction with an earlier request and suggested that
Avenida Siega be barricaded until the Rosenbaum property is
developer.
Continuation to January 3, 1979:
With concurrence of the Council, Mayor Friess directed that
consideration of the matter be continued to the meeting of
January 3, 1979, and that staff notify the affected parties.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim that the staff recommendations be accepted for the following
items listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated December 6, 1978, Warrants Nos.
15486 through 15600, inclusive, in the total amount of
$273,028.99, is approved as submitted.
2. REPORT OF EQUESTRIAN COMMISSION MEETINGS OF
NOVEMBER 13 AND 27, 1978
(23) The Reports of Actions taken by the Equestrian Commission
at the meetings of November 13 and 27, 1978, are ordered
received and filed.
3. DEL OBISPO/ALIPAZ TRAFFIC SIGNAL -
APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS
(82) The plans and specifications for the construction of a traffic
(68) signal at the intersection of Del Obispo and Alipaz Streets
are approved and staff is authorized to advertise for bids.
The project cost is estimated at $75,000, to be paid by the
developer of the Casitas de Alipaz apartment complex.
4. ACCEPTANCE OF SEWER EASEMENT
(CALTRANS)
(91) The following easement for sewer purposes offered to the City
by the State Department of Transportation and located adjacent
to the Atchison, Topeka and Santa Fe Railway in the vicinity
of Avenida Aeropuerto is accepted: Director's Deed No.
DK67124-2.
5. COMPLETION OF DEL OBISPO STORM CHANNEL
(80) The Mayor is authorized to forward a letter to the County
of Orange expressing the City's appreciation for the
completion of the Del Obispo Storm Channel reconstruction,
which runs from Del Obispo Street to San Juan Creek southerly
of Camino del Avion and is a major project providing protection
from flood damage.
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6. CONFERENCE ATTENDANCE -
DIRECTOR OF RECREATION
(62) The Director of Recreation is authorized to attend the 31st
Annual California and Pacific Southwest Recreation and Parks
Conference in San Diego from March 3 - 6, 1979, at a cost
not to exceed $300.
7.
REPLACEMENT OF TYPEWRITER -
RECREATION DEPARTMENT
' (75)
Staff is authorized to replace the IBM Correcting Selectric
Typewriter assigned to the Recreation Department, which was
removed from the Dance Hall building during a November 10th
burglary, at a cost of $820.44, payable from the City's
Insurance Reserve.
8.
AFFIRMATION OF LOCAL APPOINTIVE LIST OF COMMISSIONS,
BOARDS AND COMMITTEES
(23)
Pursuant to Government Code Section 43974, the lists of
Commissions, Boards and Committees is affirmed as submitted;
Council concurs with the posting of Vacancy Notices at the
three official posting places in the City, as well as in the
office of the City Clerk.
PLANNING COMMISSION ACTIONS OF NOVEMBER 28, 1978 -
HEARING DATE FOR CUP 78-5 (JONES SAND AND GRAVEL OPERATION)
(67)
Hearing Date for Conditional Use Permit 78-5:
(65)
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to set a Public Hearing date
of January 17, 1979, for the Conditional Use Permit granted
by the Planning Commission for the Fred Jones sand and gravel
extraction operation in San Juan Creek.
'
The Planning Commission Report of Actions was then ordered
received and filed.
TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS OF
NOVEMBER 2, 1978 - GANADO ROAD TRUCK TRAFFIC
(23) Council concurred that the matter of traffic on Ganado Road
(87) is to be placed on the Agenda of January 17, 1979, for
discussion.
The Report of Commission Actions was then ordered received
and filed.
CALLE ARROYO SEWER CONSTRUCTION -
FINAL REPORT AND NOTICE OF COMPLETION
(80) Written Communications:
Report dated November 1, 1978, from the Director of Public
Works advising that the Calle Arroyo Sewer has been completed
by Frost Constructors, Inc., of Long Beach, California.
Payment status is as follows, with project costs payable
from the Sewer Enterprise Fund:
Total Project Costs $75,807.50
Less 10% Retention 7,580.75
Previous Progress Payments 40,186.80
Total Due to Date $28,039.95
Acceptance of Work:
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the following Resolution be adopted:
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1561
RESOLUTION NO. 78-12-6-4, COMPLETION OF CALLE
ARROYO SEWER - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE COMPLETION OF CALLE
ARROYO SEWER
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe, _
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution accepts the work as completed and directs the
City Clerk to forward the Notice of Completion to the County
Recorder within 10 days; payment is authorized to Frost
Constructors, Inc., in the amount of $28,039.95, with the
10% retention authorized for payment 35 days after recordation
of the Notice of Completion.
ADJOURNMENT
The meeting was adjourned at 12:08 A.M., December 7, 1978, to the
next meeting date of Thursday, December 7, 1978, at 7:00 P.M., in
the City Council Chamber for the purpose of completing the Agenda.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
�CSI%� t
✓MARY ANN ANOVER, CITY CLERK
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