79-0103_CC_Minutes_Regular Meeting167
JANUARY 3, 1979
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
7:15 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Chris
Lenocker, Community Presbyterian 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.
MTNTTTES
Regular Meeting of December 6, 1978:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of December 6,
1978, be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Adjourned Regular Meeting of December 7, 1978:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze that the Minutes of the Adjourned Regular Meeting of
December 7, 1978, be approved as submitted. The motion carried
by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze 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
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PRESENTATIONS
1. CITIZEN OF THE YEAR AWARD - CAPISTRANO VALLEY LIONS CLUB
(32) Darrel Carmichael, President of the Capistrano Valley Lions
Club, advised that each year an outstanding member of the
community is selected by the Club for receipt of the Citizen
of the Year Award. Mr. Carmichael then presented the award
in appreciation to Mayor Ken Friess.
ORAL COMMUNICATIONS
1. ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES
(74) The following persons addressed the Council:
(1) Billy Reid, 27182 Ortega Highway, protested the
inclusion of his property within the Assessment
District;
(2) Fred Grether, part owner of the Capistrano Inn,
27174 Ortega Highway, stated his objection to the
construction of a street within the easement adjacent
to his property and that of Mr. Reid;
(3) Ilse Byrnes, Chairman of the Equestrian Commission,
requested an opportunity to address the matter at
the time it is considered by Council.
2. TRAFFIC CHANNELIZATION - ORTEGA HIGHWAY/AVENIDA SIEGA
(85) The following persons requested an opportunity to address
this matter at the time it is considered by Council:
(1) Mel Rosenbaum, P.O. Box 85;
(2) Leif Erickson, 19052 Lamplighter Lane, Yorba Linda;
(3) Frank Sanabeck, owner of Tract 9204;
(4) Mrs. J. C. Raymond, Oak Tree Stables.
3. COMMISSION REPRESENTATION
(23) Jerry Kaufman, Member of the Traffic and Transportation
Commission, advised that he was present to answer any
questions with regard to recommendations made to Council.
WRITTEN COMMUNICATIONS
1. REQUEST FOR RATE INCREASE - TM COMMUNICATIONS
(43) Council received copies of a letter dated December 1, 1978,
from Richard E. Young, Vice President, TM Communications,
3303 Harbor Boulevard, Costa Mesa, requesting approval of
new rates and charges for cable television service including
increases in residential service charges from $6.75 to $7.50
per month.
With the concurrence of Council, Mayor Friess directed that
the request be placed on the Agenda for the meeting of
February 21. The staff report is to include review of:
(1) rate structures for both TM Communications and Storer
Cable TV; (2) the method of determining service areas; and,
(3) the franchise fees charged and whether the fees are
reasonable taking into consideration the use of public
facilities, as suggested by Councilman Thorpe.
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2. ORANGE COUNTY HEALTH PLANNING COUNCIL -
DELEGATE RECOMMENDATIONS
(59) Council received copies of a letter dated October 3, 1978,
from Pauline K. Leonard, the City's representative to the
Health Planning Council Assembly of Delegates, recommending
that health facilities and services be reviewed and that
health-related projects be initiated and supported. Council
reviewed each item and re -affirmed the City's position
as appropriate. The suggested physical fitness parcourse
is to be listed on the Agenda for the January 17th joint
meeting with the Parks and Recreation Commission; preventive
services in areas of nutrition and emergency care for senior
citizens are to be reviewed and their availability made
known to the public.
3. RIO VISTA HOMEOWNERS ASSOCIATION -
USE OF COMMON AREAS, TRACT 7159
(61) Council received copies of a letter dated December 11, 1978,
from Pat Douglas, Director -Secretary, Rio Vista Homeowners,
regarding use of common areas owned by the Association and
including the suggestion that their Lot "D" should become
the responsibility of the City due to its use by other
properties.
With the concurrence of Council, Mayor Friess referred the
letter to the Planning Commission and City Attorney for
report at the meeting of February 7th with consideration
of Councilman Thorpe's suggestion that the feasibility of
using the lot for the Head Start Program be investigated.
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 78-2/79-1,
THE RANCH (CONTINUATION)
(46) This Public Hearing was continued from the Council meeting of
December 6, 1978, and therefore, the proposed General Plan
Amendment is redesignated as Amendment No. 79-1.
Councilman Buchheim stepped down from the dais due to his
ownership of a parcel of land within the project area.
Written Communications:
(1) Report dated January 3, 1979, from the Director
of Community Planning and Development;
(2) Memorandum dated December 28, 1978, from the Traffic
and Transportation Commission in support of construction
of Horno Creek Road.
Public Hearing (continuation from December 6, 1978):
Notice having been given as required by law, Mayor Friess
re -opened the Public Hearing with the request that only new
information be submitted, and the following persons addressed
the Council:
(1) Michael Berns, Chairman of the Planning Commission,
advised that the Commission had amended the conditions
regarding helicopter hill so that if that area is
developed, it would fall under the guidelines of the
future hillside regulations; he is not opposed to the
project, but ridgeline procedures should be followed;
(2) George Riley, applicant, noted that he was not in
attendance at the Commission meeting when the conditions
were amended; the Director of Community Planning and
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Development advised that discussion had occurred
during review of the Commission Minutes and was not
a scheduled item.
(3) Bob Davies, Member of the Planning Commission, cited
the benefits of the project and spoke in support of
the deletion of Horno Creek Road;
(4) Ilse Byrnes, Chairman of the Equestrian Commission,
requested assurance that the riding/hiking trails are
dedicated and developed in compliance with the General
Plan and Land Use Management Code;
(5) Wade Cable, representing the adjacent Fredericks
development, spoke in opposition to the deletion of
Horno Creek Road;
(6) Bill Gardner, 30231 Silver Spur Road, stated that the
area known as helicopter hill is a designated protected
ridgeline and that any grading was done over 20 years
ago; further, Commission and Council Minutes of General
Plan Amendment 75-1 make no mention of changing the
ridgeline designation. Discussion ensued and the
Director of Community Planning and Development advised
that it has been determined that the map was amended
at the time of General Plan Amendment 75-1 as a result
of Council direction, but the Resolution of approval
makes no reference to the specific ridgeline; Commissioner
Davies responded that it was his belief that the designa-
tion was changed when the General Plan was originally
adopted.
(7) Carol Heim, 32012 Paseo de Hermosa, spoke in support of
the project as a means of providing permanent open
space and in support of the deletion of Horno Creek Road
as a means of preserving the creek;
(8) Dennis Johnson, representing the Traffic and Transportation
Commission, spoke in opposition to the deletion of Horno
Creek Road since the roadway would provide adequate access
and traffic circulation in the City and stressed the need
for completion of the roadway as a commuter with dedicated
right-of-way;
(9) Mary Jane Forster, 31312 Guadalupe, spoke in support of the
project and suggested use of Agricultural Preservation
Fund monies to relocate Horno Creek Road;
(10) Jerry Kaufman, Member of the Traffic and Transportation
Commission, spoke in opposition to the deletion of Horno
Creek Road since it would serve as access to the Fredricks
and Honeyman properties; otherwise, Highland Drive would
be the sole access. In response to Councilman Thorpe, it
was clarified that as shown on the County Master Plan of
Highways, the roadway would also serve the O'Neill Ranch
property east of the City limits; further, if the roadway
is deleted, the City could lose County highway improvement
funds.
(11) Bruce Church, 26851 Canyon Crest Road, President of the
San Juan Alliance of Homeowners, spoke in support of the
project and the deletion of Horno Creek Road and noted his
concern that riding and biking trails be open to the public;
Mr. Church also suggested that grading include formation
of berms to reduce the visual effects between housing.
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(12) Gep Durenberger, business owner at 31431 Camino
Capistrano, spoke in support of the project;
(13) Eldon Cutler, 30171 Silver Spur Road, spoke in support
of the project, but stated that ridgeline designations
should be consistent and questioned the scale of
housing height on the ridge;
(14) George Riley, developer, stated he had no further
comment.
In response to Councilman Hausdorfer, Mr. Riley advised that
traffic could be diverted to Highland Drive as it leaves the
Fredricks development and that Rancho Viejo Road could be
utilitzed from Avery Parkway. Councilman Thorpe asked about
comments relating to limiting the hours of access to trails,
Mr. Riley stated that the trails would not be closed to
access and that there was no problem with locations of
trails.
There being no further response, Mayor Friess declared the
Hearing closed.
Council Discussion:
Mayor Friess reviewed the alternatives for Council action
due to the question of ridgeline designation for the Heli-
copter Hill area and advised that Council could: (1) refer
the matter to the Planning Commission; or, (2) approve the
plan in concept separating out Helicopter Hill as a study
area for consideration of removal of the designation.
RECESS AND RECONVENE
Council recessed at 9:15 P.M., and reconvened at 9:38 P.M.
Certification of Environmental Impact Report:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer to certify the Environmental Impact Report submitted
for General Plan Amendment 79-1 as adequate and accepted as a
final Report. The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
Horno Creek Road:
Councilman Thorpe cited positive effects of the deletion of
Horno Creek Road. By utilizing Avery Parkway, properties to
the east of the City will have a lesser impact on City traffic
circulation; the project is a unique opportunity for agriculture
preservation, which is not compatible with an arterial roadway.
Councilman Hausdorfer noted that there will be a break-
through barrier at the road to provide emergency access.
Approval of General Plan Amendment 79-1:
The City Manager recommended that the Resolution approving
the Amendment be effective January 18, 1979, to allow the
City Attorney sufficient time to complete research on the
General Plan designation of the Helicopter Hill area. It
was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution be adopted:
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RESOLUTION NO. 79-1-3-1, GENERAL PLAN AMENDMENT
79-1 (THE RANCH) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT 79-1 (THE RANCH)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSENT: None ,\
The Resolution approves the land use designations shown on
Exhibit "A" including the visual impact overlay for the
Helicopter Hill area; approves the complete deletion of Horno
Creek Road from the Composite Land Use Map and General Plan
Circulation Element; approves the revised alignments and
classification of Rancho Viejo Road, Calle Arroyo, Avery
Parkway, and La Pata Avenue as shown on Exhibit "B"; requires
dedication and improvement of riding/hiking and bicycle
trails pursuant to the General Plan and Land Use Management
Code. The Resolution is effective as of January 18, 1979.
Staff is directed to work with the applicants to find the most
equitable means of preserving agricultural uses in perpetuity;
the methods of doing so are to be included in the precise plan.
Councilman Buchheim then rejoined the proceedings.
2. FEDERAL FLOOD HAZARD STUDY -
RECEIPT OF PUBLIC COMMENT
(89) Notice having been given as required by law, Mayor Friess
opened the Public Hearing on the Federal Flood Hazard Study
which outlines the boundaries of the 100 -year floodplain
in conjunction with City participation in the National Flood
Insurance Program. The data is also used to calculate flood
insurance premium rates.
There being no one wishing to address the Council, Mayor
Friess declared the Public Hearing closed and, with the
concurrence of Council, ordered the report dated January 3,
1979, from the Director of Public Works received and filed.
3. DIVISION OF LAND 78-4 (HUS
(85) Proposal:
A division of 1.9 acres of land located on McCracken Hill
into 2 lots consisting of .929 acres and 1 acre respectively;
access would be provided from a private road extending from
Valle Road.
Applicants:
Oystein and Celia Husoe, 27972 Calle Belmonte, San
Juan Capistrano.
Written Communications:
(1) Report dated January 3, 1979, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning
Commission on December 12, 1978.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and, there being no response,
declared the Hearing closed.
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It was moved by Councilman Schwartze and seconded by
Councilman Thorpe that the Resolution approving the
Division of Land with conditions be adopted. The motion
failed by the following vote:
AYES: Councilmen Schwartze and Hausdorfer
NOES: Councilmen Thorpe, Buchheim and Mayor Friess
ABSENT: None
Council Members cited their concerns that the McCracken
Hill area cannot sustain underground water resulting from
septic tank systems. Councilman Buchheim noted if geology
reports indicate that the property can support the septic
system, he would vote for approval. The Director of Public
Works advised that such restraints should apply at the building
permit stage rather than during consideration of the division
of land and suggested that the applicant waive any protest
to participation in an assessment district for public sewer
purposes. Councilman Thorpe stated that Council should also
consider prohibiting sprinkler systems in the area due to
the cumulative effect of ground water.
Oystein Husoe, the applicant, addressed the Council and stated
that he had agreed to all City conditions and to participate
in the public sewer system at such time as it is installed.
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to reconsider the matter.
Approval of Division of Land 78-4:
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze that the following Resolution be adopted, as amended:
RESOLUTION NO. 79-1-3-2
U1V1J1V1V Vt' LHNL /6-4 \riUJVL'f - H Kry:J UL U'1'.LV1V
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR DIVISION
OF LAND 78-4, A PROPOSAL TO SUBDIVIDE 1.9 ACRES OF LAND
INTO TWO LOTS, ONE OF .929 ACRES AND ONE OF 1.00 ACRES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze and Buchheim
NOES: Mayor Friess
ABSTAIN: Councilman Thorpe
ABSENT: None
The Resolution is amended to include conditions requiring
connection to the public sewer system and participation in
an assessment district to provide the system. Staff is to
report further on formation of an assessment district for
the McCracken Hill area.
RESOLUTIONS
1. ESTABLISHMENT OF MOBILE HOME PARK REVIEW COMMITTEE
(23) Proposal:
Formation of the Mobile Home Park Review Committee on an
ad hoc basis, as directed by Council, for the purpose of
gathering information on matters of concern relating to
mobile homes and submitting reports and recommendations
thereon.
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Written Communications
(1) Report dated January 3, 1979, from the City Attorney
forwarding a proposed Resolution setting forth the
composition of the members and general duties.
Formation of Committee:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted, as
amended:
RESOLUTION NO. 79-1-3-3, MOBILE HOME PARK REVIEW
COMMITTEE - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING A MOBILE HOME PARK REVIEW COMMITTEE
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The amendments as requested by committee members include
changing the phrase "mobile park tenants" to "mobile home
owners" and the inclusion of the words "park rules" in
Section B.1., Function of Committee.
BIDS, CONTRACTS, AGREEMENTS
1. ORTEGA HIGHWAY INTERCONNECT SYSTEM FOR TRAFFIC SIGNALS
AWARD OF CONTRACT (STEINY AND COMPANY, INC.)
(82) Proposal:
Award of bid for the installation of an interconnect system
for traffic signals on Ortega Highway from Interstate 5 to
Del Obispo Street.
Written Communications:
(1) Report dated January 3, 1979, from the Director of
Public Works forwarding the results of bids received
on December 13, 1978.
Award of Contract:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to award the contract to
the low bidder, Steiny and Company, Inc., of Anaheim, California,
in the total amount of $16,532 and to reject all other bids
received; the transfer of an additional $2,500 from the Gas
Tax Fund to the capital project is authorized for a total
budget allocation of $17,500. The Mayor and City Clerk are
authorized to execute the contract on behalf of the City.
CONSENT CALENDAR
It was moved by Councilman Thorpe and seconded by Councilman
Buchheim that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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1. APPROVAL OF WARRANTS
(41) The List of Demands dated January 3, 1979, Warrants Nos.
15601 through 15745, inclusive, and 1911 Act Account Warrant
No. 0230, in the total amount of $680,293.82, is approved as
submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF NOVEMBER 30, 1978
(41) The City Treasurer's Report of Investments as of November 30,
1978, is approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF NOVEMBER 30, 1978
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of November 30, 1978, is approved as submitted.
4.
CITY TREASURER'S REPORT OF FUND CASH
AS OF OCTOBER 31, 1978
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the four-month period ending October 31, 1978, is
approved as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
DECEMBER 5, 1978
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of December 5, 1978, is ordered received and
filed.
6. REPORT OF PLANNING COMMISSION MEETING OF
DECEMBER 12, 1978
(67) The Report of Actions taken by the Planning Commission at
the meeting of December 12, 1978, is ordered received and
filed.
7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
MEETING OF DECEMBER 7, 1978
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meeting of December 7, 1978, is ordered
received and filed.
8. 1979 WEED ABATEMENT SERVICES -
APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS
(74) The specifications for 1979 weed abatement services are approved
(38) and the City Clerk is authorized to accept bids, as set forth
in the report dated January 3, 1979, from the Director of
Public Works.
9. AUTHORIZATION TO ATTEND SEMINAR
DIRECTOR OF ADMINISTRATIVE SERVICES
(41) The Director of Administrative Services is authorized to
attend the Continuing Education for Public Officials
seminar -workshop sponsored by the University of Southern
California at Idyllwild, January 14-19, 1979, at a cost
of $420, as set forth in the report dated January 3, 1979,
from the City Manager.
10. RESOLUTION OF COMMENDATION - PLANNING COMMISSIONER FELTMAN
(36) The following Resolution is adopted commending Kenneth 0.
Feltman, who served on the Planning Commission from
September 13, 1965, to April 27, 1970:
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RESOLUTION NO. 79-1-3-4, COMMENDING KENNETH 0. FELTMAN -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING KENNETH O.
FELTMAN
11. TREE REMOVAL PERMITS - AGUACATE ROAD,
CAMINO CAPISTRANO AND PARRA ADOBE
(74) This item has been rescheduled for the meeting of January 17,
1979.
REPORT OF EQUESTRIAN COMMISSION ACTIONS OF DECEMBER 11, 1979 -
ZONING AND
(23) The report dated January 3, 1979, from the City Clerk/Equestrian
Commission Secretary was removed from the Consent Calendar for
discussion of the equestrian lots in Tract 9373 (Los Corrales).
Councilman Hausdorfer advised that the Commission is concerned
since the lots are incapable of handling horses and, with the
concurrence of Council, Mayor Friess referred the matter to
staff for a report and overall recommendation regarding ES
zoning for consideration of an amendment to the Land Use Code
to provide that such lots will in fact contain sufficient net
footage to support equestrian use.
Councilman Hausdorfer also noted concerns that in the Maurer
development a new trail is planned in an area containing an
existing trail.
CLAIM FOR DAMAGES (SERRA TREATMENT PLANT)
(35) It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and carried unanimously to deny the Claim filed on
November 29, 1978, by Attorney Alexander Bowie on behalf of
the South East Regional Reclamation Authority for damages to
the SERRA Treatment Plant allegedly occurring on August 21,
1978, in the approximate amount of $15,000, and refer the
Claim to the City's insurance carrier, as set forth in the
report dated January 3, 1978, from the City Clerk.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. MEREDITH CANYON LANDSCAPING, TRACTS 8087 AND 8319 -
(85) With the concurrence of Council, Mayor Friess directed that
the Report dated January 3, 1979, summarizing the current
status of the slope landscaping program be received and filed.
2. INITIATION OF GENERAL PLAN AMENDMENT 79-2
(46) Proposal:
Review of the following petitions for General Plan Amendments
for the following items:
A. Van Roekel, et al., a City -initiated change in land
use designations from residential to a designation
which would permit zoning for commercial recreation
and institutional land uses for property located
north of the City limits. The item was previously
included in General Plan Amendment 78-3 and is
re -designated as Amendment 79-2.
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B. Kon-Struct All, a request for a change in land use
designation from residential to General Commercial
for property located north of Junipero Serra between
Camino Capistrano and Interstate 5.
Written Communications:
(1) Report dated January 3, 1979, from the Director of
Community Planning and Development recommending that
Item A be included in the Amendment and that Item B
not be included in the Amendment since the proposal
is to establish a general commercial area beyond the
scale of a neighborhood convenience center in an area
which would be in conflict with policy found on Page 7
of the General Plan.
Councilman Buchheim noted that Attachment A of the report is
in error since the Williams and Swanner properties are not
included within the study area.
Initiation of General Plan Amendment 79-2:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried that General Plan Amendment
79-2 be initiated including only Item A, Van Roekel, et al.,
as set forth in the report, with the notation that initiation
of the General Plan Amendment does not imply the City's intent
to approve all or part of the Amendment. The proposed
Amendment is referred to the Planning Commission for review
and recommendation.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. ORTEGA PROPERTIES ASSESSMENT DISTRICT 78-3,
APPROVAL OF REZONE AND PROCEEDINGS
(74) Proposal:
Approval of a rezone from Growth Management to Planned
Community for 73 acres of property bounded by Interstate 5,
Ortega Highway, Windsong Drive and San Juan Creek channel
known as Ortega Properties and approval of Assessment District
proceedings.
Applicant:
Tarnutzer-Hamilton Development, Inc., 2915 Redhill, Costa
Mesa 92627.
Written Communications:
The Director of Public Works reviewed the procedures as set
forth in the following reports:
(1) Report dated January 3, 1979, entitled "Ortega Properties
Assessment District 78-3" briefly summarizing the pro-
cedures necessary to continue the proceedings for the
assessment district and forwarding a letter dated
December 27th from Byron M. Tarnutzer, applicant, citing
their progress in acquiring the properties and the status
of the development;
(2) Report dated January 3, 1979, entitled "Rezone 78-1 -
Consideration of Adoption of Ordinance No. 379" and
forwarding a letter dated December 11, 1978, from the
applicant stating that the development firm will
provide the following requirements as directed by
the City Council on October 18, 1978:
(a) Cashier's Check for $150,000 for completion
of engineering design work for public improvements;
(b) Legal documentation that the applicant will become
a majority property owner:
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(c) Execution of an agreement with the City to
waive opposition to the Assessment District;
(d) Submission of a Master Development Plan.
(3) Report dated January 3, 1979, entitled "Review of
Debt Limit Report;"
(4) Report dated January 3, 1979, entitled "Authorization
to Request Proposals for Construction Design and
Right -of -Way Engineering."
Approval of Rezone 78-1:
It was clarified that the applicant's check in the amount of
$150,000 had been received, as well as copies of all escrow
papers, the Master Plan of Development, and a proposed
Agreement to participate in the assessment 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. The Ordinance was introduced at
the regular meeting of June 7, 1978. It was moved by
Councilman Schwartze and seconded by Councilman Hausdorfer
that the following Ordinance be adopted:
ORDINANCE NO. 379, REZONE 78-1 (ORTEGA PROPERTIES) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293 BY CHANGING THAT PORTION OF LAND
BOUNDED BY INTERSTATE 5 (WEST), ORTEGA HIGHWAY (NORTH),
WINDSONG DRIVE AND LA NOVIA AVENUE (EAST), AND THE SAN
JUAN CREEX CHANNEL (SOUTH) EXCEPTING THOSE PARCELS
IDENTIFIED AS ASSESSOR'S PARCELS NOS. 666-131-01,
666-131-02, 666-131-03, AND 666-131-04 FROM GM
(GROWTH MANAGEMENT) TO PC (PLANNED COMMUNITY) AND
INCORPORATING COMPREHENSIVE DEVELOPMENT PLAN CDP 78-1
AS PART OF THE PC (PLANNED COMMUNITY) ZONING
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Assessment District Boundary Map:
Council received the map indicating the proposed boundaries
of the assessment district, the extent of improvements to be
made, and acquisition.
In response to Councilman Hausdorfer, Mackenzie Brown,
assessment attorney, advised that if the boundaries of
the district are changed or modified, the debt report
would be amended accordingly since the parcels assessed are
those receiving benefit from the district.
Fred Grether, owner of the Capistrano Inn, 27174 Ortega
Highway, Parcel No. 666-131-02, protested the inclusion of
his property within the assessment district and also requested
elimination of the proposed "E" street since it only benefits
parcels 4 and 6. Walter Hamilton, Ronald Martin and Associates,
assessment engineer, clarified that the assessment in question
includes street and San Juan Creek improvements, utility
undergrounding and right-of-way acquisition.
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1/3/79
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Councilman Hausdorfer suggested that consideration be given
to excluding both the Grether and Reid properties from the
district.
Adoption of Boundary Map:
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-1-3-5, BOUNDARY MAP - ASSESSMENT
DISTRICT NO. 78-3 - A RESOLUTION OF THE CITY COUNCIL
' OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
A MAP SHOWING THE GENERAL NATURE, LOCATION AND EXTENT
OF THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVE-
MENT AND SHOWING THE PROPOSED BOUNDARIES OF THE
ASSESSMENT DISTRICT TO BE ASSESSED FOR CERTAIN COSTS
AND EXPENSES OF SAID IMPROVEMENT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
1 of Preliminary Determination and Preparation of
Debt Report:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-1-3-6, PRELIMINARY DETERMINATION
AND ORDERING DEBT REPORT PREPARATION - ASSESSMENT
DISTRICT NO. 78-3 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
' COVERING PRELIMINARY DETERMINATION AND ORDERING
THE PREPARATION OF A REPORT ON SAID IMPROVEMENT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Presentation and Approval of Debt Report and Hearing Date:
Walter Hamilton presented the Investigation Report for the
District pursuant to Division 4 of the Streets and Highways
Code of the State of California, and summarized the improve-
ments to be made and their costs and method of spreading the
costs between the benefitting parties.
Ilse Byrnes, Chairman of the Equestrian Commission, questioned
the amount of open space and the acreage set aside for an
equestrian facility.
It was moved by Councilman Schwartze and seconded by Councilman
' Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 79-1-3-7, APPROVING REPORT AND FIXING
DATE OF HEARING - ASSESSMENT DISTRICT NO. 78-3 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REPORT UNDER THE
"SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND
MAJORITY PROTEST ACT OF 1931", AND FIXING A DATE OF
HEARING THEREON
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The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution sets a public hearing date for February 7, 1979,
at 7:00 P.M., in the Council Chamber as the time and place for
any persons having objections or protests to the assessment
district to appear and be heard.
Budget Revision: _
Staff is directed to prepare a budget revision for Council
consideration on February 7th to account for the intended City
contribution for certain costs and expenses of the improvements
in the estimated amount of $401,124.00, as set forth in
Resolution 79-1-3-6.
Authorization to Request Proposals for Design and Engineering:
Council received copies of a report dated January 3, 1979, from
the Director of Public Works requesting authorization to seek
proposals for consultant engineering services for design of
the assessment district improvements and the preparation of
right-of-way documents, based upon the earlier deposit of
$150,000 by Tarnutzer-Hamilton Development Company.
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to authorize staff to
distribute requests for proposals for the retention of
consulting engineers to perform services as the construction
design engineer and right-of-way engineer for Assessment
District 78-3, Ortega Properties.
COMMISSIONS, BOARDS, COMMITTEES
TRAFFIC AND TRANSPORTATION COMMISSION
1. INTERSECTION CHANNELIZATION -
TRACT 9204
(85) This item was continued from the meeting of December 6, 1978,
(87) for further consideration.
Council received copies of a letter dated December 28, 1978,
from Leif Erickson, Managing Director, Tierra del Caballo
Associates, providing background information and cost history
of the intersection and in support of Avenida Siega as access
to the Tract rather than diverting traffic through the adjacent
Tract 8485.
The following persons addressed the Council:
(1) Leif Erickson, developer of Tract 9204;
(2) Frank Sanabeck, owner of Tract 9204;
(3) Mrs. Scott Raymond, owner of Oak Tree Saddle Club,
stated they had not had problems with the intersection
and that they had been advised that ingress and egress
would be through Avenida Siega.
(4) Mel Rosenbaum, owner of property at the intersection.
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181
Re -Striping of Ortega Highway:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried that re -striping be installed
on Ortega Highway at Avenida Siega with an extended limit line.
Mr. Rosenbaum is to be encouraged to prune the lower tree
branches and to remove the existing panel fence in order to
improve visibility at the intersection.
COUNCIL ACTIONS
1. APPOINTMENT TO ORANGE COUNTY VECTOR CONTROL DISTRICT
(57) Written Communications:
(1) Report dated January 3, 1979, from the City Clerk
advising that the 2 -year term of office of Jarold
B. Cole, the City's representative to the Vector
Control District, expired as of December 31st.
It was moved.by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to re -appoint Mr. Cole for
the next 2 -year term of office ending December 31, 1980.
ACCEPTANCE OF RESIGNATION OF TRAFFIC COMMISSIONER NELSON
(23) Written Communications:
(1) Report dated January 3, 1979, from the City Manager
forwarding a letter dated December 7, 1978, from
Richard F. Nelson submitting his resignation as a
Member of the Traffic and Transportation Commission
effective January 1, 1979.
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to accept Mr. Nelson's
resignation with regret and to direct that a Resolution of
' Commendation be prepared for the meeting of January 17th.
3. APPOINTMENT TO TRAFFIC AND TRANSPORTATION COMMISSION
(RONALD FUCHS)
(23) Written Communications:
(1) Report dated January 3, 1979, from the City Manager
forwarding the applications submitted for appointment
for the Commission.
It was moved by Mayor Friess, seconded by Councilman Schwartze
and unanimously carried that Ronald L. Fuchs, 30982 Paseo
Valencia, be appointed to fill the vacancy on the Traffic
and Transportation Commission created by the resignation
of Mr. Nelson.
4. APPOINTMENT OF REPRESENTATIVE TO SERRA
(79) Written Communications:
(1) Report dated January 3, 1979, from the City Manager
forwarding applications submitted for appointment
as the City's representative to the South East
Regional Reclamation Authority Board of Directors.
At the request of Councilman Thorpe, th
and with concurrence of Council, Mayor
consideration of an appointment be held
has awarded the bid for the operation a
the Treatment Plant scheduled for Janua
is to continue receiving applications f
e current representative,
Friess directed that
over until SERRA
nd maintenance of
ry 11th. The City
or the position.
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182
COUNCIL REMARKS
1. DAMAGE TO LANDSCAPING AT SUNHOLLOW
(85) Councilman Buchheim commented on the damage to landscaping
at the SunHollow development and noted that power and sewer
lines were severed. Mayor Friess requested a copy of a
letter sent to the Homeowners Association by City Staff.
2. SAN JUAN CREEK
(80) Councilman Thorpe requested that the berm along San Juan
Creek replaced by Maurer Development Company and a 36"
drainage pipe be checked.
3. PARKING - WESTPORT VILLAS
(63) Councilman Thorpe requested that parking problems in the
Westport Villas area be referred to the Traffic and
Transportation Commission.
4. JONES SAND AND GRAVEL OPERATION
(80) Councilman Thorpe requested that the Jones Sand and Gravel
operation in San Juan Creek be checked as to grading, where
the sand is going and payment.
5. CITY RETIREMENT FUND
(66) In response to Councilman Hausdorfer, the City Manager advised
that the City has not as yet made a comparison of costs of
other retirement systems.
6. BLIND OLYMPICS
The City Manager advised that
to be held in Toronto, Canada,
use of City funds.
7. SCHOOL DISTRICT BOUNDARIES
support for the Blind Olympics
would not be an appropriate
(78) Councilman Hausdorfer noted his concerns with the proposed
School District boundary re -alignment and suggested that
the coordinator be contacted.
8. ENVIRONMENTAL REVIEW BOARD MINUTES
MINI -WAREHOUSES
(23) Councilman Hausdorfer noted his concerns with the numbers of
mini -storage warehouses that are being constructed in the
City.
9. COUNTY LIBRARY
(52) Mayor Friess noted a letter received from
stating that the County Library would not
during 1979 and inquired into the status
for the site.
10. CITY PROPERTY - GRAFFITI
Supervisor Riley
be constructed
of the agreement
(73) Mayor Friess requested continuing efforts to remove the
graffiti recently painted on City property and homeowner
association common walls.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:25 A.M., January 4, 1979, to the next meeting
date of Wednesday, January 17, 1979. The meeting will commence at
5:30 P.M., for a meeting with Members of the Parks and Recreation
Commission; the regular business meeting will commence at 7:00 P.M.
ATTEST:
r
KENNETH E. FRIESS, MAYOR
n
Respectfully submitted,
Y
MARY ANN NOVER,�CITY CLERK
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