79-0117_CC_Minutes_Adjourned Regular MeetingJANUARY 17, 1979
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
Mayor Friess called the meeting to order at 5:35 P.M., in the
City Council Chamber and announced that the purpose of the joint
meeting with the Members of the Parks and Recreation Commission is
a presentation of the C. Russell Cook Park Master Plan. The City
Clerk called the roll as follows:
ROLL CALL CITY COUNCIL: Kenneth E. Friess, Mayor
James F. Thorpe, Mayor pro tem
Lawrence F. Buchheim, Councilman
Gary L. Hausdorfer, Councilman
(arrived at 5:37 P.M.)
Phillip R. Schwartze, Councilman
PARKS AND
RECREATION COMMISSION: Brett Shears, Chairman
Joe Quintana, Commissioner
Gillian Cannon, Commissioner
Duane Hallan, Commissioner
Pauline Leonard, Commissioner
ABSENT:
None
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; Thomas G. Merrell, Director
of Community Planning and Development; Tom Baker, Director of
Recreation; Mary Ann Hanover, City Clerk.
PRESENTATION BY CONSULTANT -
C. RUSSELL COOK PARK
(62) Written Communications:
(1) Report dated January 17, 1979, from the Director
of Recreation, forwarding the draft Master Plan.
Exhibits were on display, and Erik Katzmaier of POD, Inc.,
consultants, made an oral presentation on the draft Master
Plan of C. Russell Cook Park. Proposed development plans
include passive and active recreation uses such as picnic
facilities; grove areas; playing fields; equestrian complex;
4-H animal farm; tennis courts; child care facility; bridle,
hiking and bike trails; and parking areas. Development is
proposed as a 5 -phase program with funding recommended from
Federal and State sources, and cooperative ventures between
private developers, concessionaires and the City.
Discussion:
Councilman Hausdorfer asked where the equestrian facilities
shown on the Master Plan and the office cottages proposed by
Ortega Properties would be located. The Director of Community
Planning and Development advised that the Ortega Properties
development in the Cook Park area would be coordinated with
the City and that the developer wishes to cooperate with the
City to assure compatibility between the two projects; the
exhibit is not a definite plan, but is presented as a gesture
of good faith; the developer has offered to either retain and
develop the equestrian facility, or deed the area to the City
if upkeep concerns are satisfied; the boundaries of the park
area may change, but the total acreage will be the same.
Small cottage -type offices are proposed at the extension
of Calle Arroyo.
-1- 1/17/79 (adj.)
Mayor Friess suggested that a joint meeting should be
scheduled as soon as possible for the Members of the Parks
and Recreation Commission and the Equestrian Commission in
order to propose layouts for all recreational uses in the
Park area.
Councilman Thorpe stated that priorities should be clear, that
the trail system is of utmost importance, and that nothing
should block the continuity of movement for both horses and
bicycles.
Chairman Shears suggested that it should be determined just
how many uses should be planned within the park with possible
consideration given to locating ball fields in other areas
of the City.
In response to Commissioner Cannon, the City Manager advised
that Cook Park will be a City-wide park; therefore, City-wide
in -lieu park fees may be used for improvements.
Councilman Thorpe questioned whether using the flood control
berm as a trail system is realistic and whether it has been
coordinated with the County to assure that the berm will be
replaced following rainstorms; possibly consideration should
be given to providing both primary and secondary trail systems.
Councilman Buchheim noted apprehensions about use of flood
control lands due to amounts and velocity of flood waters;
improvements could be washed out at any time. Councilman
Thorpe noted that if quality top soil and soil preparation
are needed for the proposed plantings, the cost would be
substantial.
Commissioner Cannon noted that she is familiar with several
organizations that would be willing to prepare and maintain
playing fields on a share basis.
Councilman Thorpe suggested that placement of high use
facilities in more protected flood areas be discussed with
the developer. Mayor Friess noted that the developers
would probably be willing to meet with both the Parks and
Recreation Commission and the Equestrian Commission to
discuss such matters.
Commissioner Leonard noted her concerns that some of the area
be left in a primitive state and reviewed the results of the
survey conducted by POD as it relates to equestrian use.
Mayor Friess advised that the City would be dealing with the
total community within the park area and with use of City-
wide in -lieu funds, and stressed the importance of joint
commission meetings for discussion of park uses.
Councilman Thorpe advised that the City is committed to a
very sensitive trail system which is part of the General Plan
and encouraged by housing styles and zoning and is not a
debatable matter. The extent of facilities and how they
relate to residential areas can be discussed, but the trail
system must be continuous throughout the City and, hopefully,
will extend from the ocean to Caspers Park.
Councilman Hausdorfer concurred noting that the challenge
is to produce a balanced park. Mr. Hausdorfer also noted
the shortage of playing fields in the City.
Chairman Shears stated that recreational uses will have to
be approached in a full community sense, with certain areas
-2- 1/17/79 (adj.)
187
conducive to certain uses; although equestrian use in this
park may seem weighted, the percentage of use throughout the
City must be considered; in addition, many critical needs
are met by this park.
Councilman Thorpe advised that in recommending priorities,
it should be kept in mind that the proposed area of the park
from the freeway to La Novia will be developed first and
that additional park area may not be developed for some
time.
Commissioner Leonard advised that she has no objection to
the trail system.
Mayor Friess emphasized the need for a joint Commission
meeting at the earliest possible date in order to formulate
recommendations for Council consideration.
PHYSICAL FITNESS PARCOURSE
(62) Council received copies of a report dated January 9, 1979,
from the Director of Recreation forwarding descriptive
examples of a Par Course, as directed by Council on
January 3rd. The Par Course, or Vita Course, is an outdoor
exercise circuit consisting of exercise stations spaced at
intervals along a looped pathway.
There was a consensus of Council in support of the installation
of a mini par course on a trial basis in one of the City
parks, possibly Descanso Park or E1 Camino Real Park; the
matter was referred to the Parks and Recreation Commission
for study.
ADJOURNMENT
There being no further business, the meeting was adjourned at
6:33 P.M., to the regular City Council meeting of Wednesday,
January 17, 1979, at 7:00 P.M., in the City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
MARY ANN ANOVER, CITY CLERK
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JANUARY 17, 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 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; Bob Boone, Acting
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; Mary Ann Hanover,
City Clerk.
MINUTES
Regular Meeting of January 3, 1979:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of January 3,
1979, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
PRESENTATIONS
COMMENDATION, TRAFFIC AND TRANSPORTATION COMMISSIONER NELSON
(36) Mayor Friess read the Resolution in full which commends
Richard F. Nelson for his service on the Traffic and
Transportation Commission from November 3, 1976, until
his resignation effective January 1, 1979, and expressed
the City's appreciation for Mr. Nelson's dedication. It
was moved by Councilman Schwartze, seconded by Councilman
Thorpe, that the following Resolution be adopted:
-1- 1/17/79
OLUTION NO. 79-1-17-1
ING RICHARD F.
COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING
RICHARD F. NELSON
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. INTRODUCTION - SHERIFF'S SUBSTATION COMMANDER LA DUCER
(70) Sheriff's Lt. Harry Gage expressed his appreciation to the
Council and City staff for the cooperation received during
the past two years and advised that he has been transferred
to the Harbors and Parks Department. Lt. Gage then introduced
his replacement, Lt. Dennis LaDucer, who has assumed command
of the South County Sheriff's Substation, effective January 5,
1979.
ORAL COMMUNICATIONS
1. GENERAL PLAN AMENDMENT 79-1
RIDGELINE DESIGNATION PETITION (THE RANCH)
(72) Bill Gardner, 30231 Silver Spur Road, presented a petition
(46) signed by approximately 200 residents, which reads as follows:
"We, the undersigned, hereby express our opposition
to the action (reference GPA -78 -2A -The Ranch) taken
at the City Council meeting of January 3, 1979, approving
the construction of 35 cluster type residential units
on a ridgeline shown as a protected ridgeline in the
current city's general plan.
"We request the council to investigate this matter
further, allow public testimony and reconsider their
action."
Mr. Gardner advised that he is not opposed to the concept of
The Ranch development.
2. CONSTRUCTION ADJACENT TO SUNHOLLOW
(85) Bernice Sowden, 27615 Summerfield Lane, Member of the
SunHollow Homeowners Association Board of Directors, requested
an opportunity to address the Council during discussion of the
above matter.
3. OSO ROAD STORM DAMAGE
(80) Gil Cornier, 26300 Oso Road, asked what steps would be taken
to repair the damages to Oso Road caused by the recent storm.
The Director of Public Works advised that the replacement work
done after a previous rain storm was accomplished with Federal
grant funds; a status report will be prepared.
4. ENGLISH HOUSE
(23) Harrison Negley, 31531 Camino Capistrano, requested an opportunity
to address the Council during discussion of the above matter.
-2- 1/17/79
191
5. COMMISSION REPRESENTATION
(23) Dennis Johnson, Member of the Traffic and Transportation
(67) Commission and Michael Berns, Chairman of the Planning
Commission, advised that they were present to answer any
questions with regard to recommendations made to Council.
WRITTEN COMMUNICATIONS
1. REQUEST FOR RATE INCREASES - SOLAG DISPOSAL COMPANY
(45) Council received copies of a letter dated December 14, 1978,
from Thomas Trulis, Solag Disposal Company, 31652 Second
Avenue, South Laguna 92677, requesting approval of residential
trash collection increases from $3.00 to $3.25 per month and
approval of increased commercial rates.
With the concurrence of Council, Mayor Friess directed that
a Public Hearing be scheduled for the meeting of February 7,
1979, for consideration of the request.
2. REOUEST FOR SUPPORT OF STATE FUNDING LEGISLATION
(57) Council received copies of a letter dated December 28, 1978,
from Joy L. Neugebauer, President of the Board of Trustees
of the Orange County Vector Control District, requesting
support of legislation which would allocate State subvention
funds for the long-term funding of vector control agencies
in California.
There was a consensus of Council that a Resolution be prepared
for consideration at the February 7th Council meeting along
with a staff report citing the effects of such support on the
City.
3. REQUEST FOR CLEAN-UP ASSISTANCE (GIDDINGS)
(76) Council received copies of a letter dated January 8, 1979,
from Rick Giddings, 28341 Ortega Highway, requesting assistance
with clean-up of an underground utility ditch dug by Maurer
Construction Company. With Council concurrence, the letter
was referred to the Director of Public Works for report.
4. GENERAL PLAN AMENDMENT 79-1
RIDGELINE DESIGNATION (THE RANCH)
(46) Council received copies of a letter dated January 8, 1979,
from previous Council Member Doug Nash, 32906 Avenida
Descanso, forwarding comments and suggestions on the status
of Helicopter Hill as a protected ridgeline.
With Council concurrence, Mayor Friess directed that the letter
be included with consideration of the General Plan Amendment
later on the Agenda and that the letter also be included with
materials to be forwarded to the Planning Commission for
consideration.
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT 78-5 -
SAND AND GRAVEL EXTRACTION (JONES)
(39) Proposal:
Consideration of the Planning Commission approval of Conditional
Use Permit 78-5 for Fred Jones Tractor and Trailer Company,
P. O. Box 465, Dana Point 92629, to permit sand and gravel
extraction and stream stabilization in San Juan Creek.
-3- 1/17/79
Written Communications:
(1) Report dated January 17, 1979, from the Director
of Community Planning and Development, forwarding
the November 28th action of the Planning Commission
in approving the Permit with conditions.
(2) Letter dated January 11, 1979, from Paul T. Salata,
4321 Birch Street, Suite 1-B, Newport Beach 92660,
owner of property adjacent to the sand and gravel
operation, objecting to the granting of the Permit.
Public Hearing:
Notice having been given, Mayor Friess declared the Public
Hearing open and the following persons addressed the Council:
(1) Semon Shabkie, 1910 Sunset Boulevard, Suite 485,
Los Angeles 90026, attorney representing Fred
Jones, stated that Mr. Jones has complied
with all conditions set forth in the Planning
Commission Resolution with the exception of
the access road;
(2) Fred Jones, applicant, advised that the project
should be completed by April lst, unless there
is another major rain storm, and that they
are creating a new bank on the east side of
the channel near the golf course.
There being no further response, Mayor Friess closed the
Public Hearing.
Council Discussion:
Councilman Thorpe requested receipt of plans showing the
specific nature of the job in order to evaluate the work
being done. The Director of Public Works advised that the
Flood Control District has standard criteria which indicate
whether or not sand and gravel operations are within the
permit requirements, but that there are no plans and specifi-
cations per se. Mr. Jones advised that the District monitors
the grading work weekly. Councilman Thorpe noted that in one
area it appears to be a gravel extraction operation and
requested information on why the rest of the channel has not
been cleared.
Mayor Friess advised that he would oppose any further operations
along the creekbed unless he is convinced there are flood control
safety factors and that any liability would be borne by the
Flood Control District. Councilman Buchheim advised that the
San Juan Basin Authority has expressed concerns about excavation
at the mouth of the watershed and removal of sand and gravel;
completion of the project should be allowed. Councilman
Hausdorfer noted that although he would like to see the project
completed, he would not be in favor of a future operation of
this sort. Councilman Thorpe questioned the rights of property
owners regarding work being done on their property; the Director
of Community Planning and Development advised that the Flood
Control permit would prevail; the City Attorney advised that
owners would have recourse through claims for damages; Mayor
Friess noted that the permittee has posted a $600 cash bond
for clean-up purposes.
Approval of Permit:
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim that, in light of the applicant's actions to remedy
the problems encountered with earlier operations and due to
the expiration time of the permit, the action taken by the
Planning Commission on November 28, 1978, in approving
-4- 1/17/79
193
Conditional Use Permit 78-5 with conditions for a period
ending April 1, 1979, be confirmed. The motion carried
by the following vote:
AYES: Councilmen Hausdor£er, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
Mayor Friess suggested to staff that if there is a future need
for such work, a focus Environmental Impact Report be prepared
prior to issuance of a Permit with consideration given to the
fact that any sand removed from the channel also eliminates
sand from the beaches. Councilman Buchheim requested that
staff inquire into District plans at the mouth of the watershed.
Mayor Friess requested that specifications for the job be
obtained including the finished appearance of the project.
Councilman Thorpe requested information on why the District
is not clearing the area above La Novia Bridge and noted that
work should be done on the low portion of the berm and in the
middle of the channel.
Councilman Thorpe suggested that a presentation be made on
District plans for the entire City, how the channels are
maintained, and criteria for the work. With the concurrence
of Council, Mayor Friess requested that staff arrange for a
presentation by the Flood Control District at a meeting in
February or the first meeting in March.
2.
(85) Proposal:
OF LAND 78-5
A division of approximately 4.1 acres of land into 3 parcels
in conjunction with the development of the Del Obispo Shopping
Center. The site is located on the east side of Del Obispo
Street between Ortega Highway and Camino Capistrano.
Applicant:
Federated Department Stores, c/o S.G.P.A. Planning and
Architecture, 440 Upas Street, San Diego 92103. The
property owner is Stroschein Ranch, 1651 East 4th Street,
Suite 151, Santa Ana 92701.
Written Communications:
(1) Report dated January 17, 1979, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning
Commission on January 9th.
Exhibits of the proposed project were on display. Councilman
Thorpe noted that the reduction in parking spaces is significant
and, in reference to the Supplemental Environmental Impact
Report, requested that in the future all materials be presented
together at the time a decision is to be made by Council.
Councilman Hausdorfer requested receipt of general retail
parking requirements of other cities in the County.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons responded:
(1) Eugene Garrett, 440 Upas Street, San Diego, representing
the applicant, advised that he was present to answer
any questions.
There being no further response, Mayor Friess closed the
Hearing.
-5- 1/17/79
•
3
Council Discussion:
Council noted concerns with traffic circulation and referrals
of consideration between the Architectural Board of Review
and the Planning Commission. Councilman Thorpe reiterated
his support for traffic circulation at the rear of the project
and his concerns with reduction in parking area.
Approval of Division of Land 78-5:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 79-1-17-2. D
Vrk'k11-'- 1 1N'r ':1TUk(hb) - H 1-1;b ULU'1'l UN Ur
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONDITIONALLY APPROVING DIVISION OF LAND
78-5, THE SUBDIVISION OF 3.9 + ACRES INTO THREE (3)
PARCELS IN ASSOCIATION WITH A.C. 78-8
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
The Resolution cites 10 conditions including: (1) an agreement
with the owner of the property at the southwesterly boundary
of the project for a common access driveway which is to be
entered into and recorded with the final parcel map; and
(2) an Agreement with the City that a revision to acreage
will be processed by the owner if building permits are not
issued within 12 months.
ESTABLISHMENT OF NUMERICAL LIMITS FOR ISSUANCE
OF BUILDING PERMITS, 1980 - 1982
(28) Proposal:
Adoption of numerical limits for dwelling unit building
permit issuance, pursuant to Ordinance No. 314, Residential
Growth Management, for the years, 1980, 1981 and 1982.
Written Communications:
(1) Report dated January 17, 1979, from the Director of
Community Planning and Development recommending that
the numerical limits previously established for the
period 1979 - 1981 be lowered to compensate for ongoing
development of existing lots that are exempt from Growth
Management allocation requirements.
Public Hearing:
Notice having been given, Mayor Friess declared the Public
Hearing open; and, there being no response, declared the
Hearing closed.
Councilman Buchheim noted that he would prefer the limits
not be reduced below 300 and asked how many homes were
constructed in the last year. The Director of Community
Planning and Development advised that from 30 - 40 permits
were issued for custom homes in addition to subdivisions.
Arlin Rude, 31512 San Juan Creek Road, then addressed the
Council in support of lower numerical limits and commented
on the use of Ortega Highway and numbers of trucks.
Approval of Numerical Limits:
It was moved by Councilman Schwartze and seconded by Councilman
Thorpe that the following Resolution be adopted:
-6- 1/17/79
195
RESOLUTION NO. 79-1-17-3, ESTABLISHMENT OF NUMERICAL
LIMITS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING NUMERCIAL
LIMITS PER SECTION 4 OF ORDINANCE NO. 314, FOR DWELLING
UNIT BUILDING PERMITS TO BE ALLOCATED IN 1980, 1981
AND 1982
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: Councilman Buchheim
ABSENT: None
The Resolution sets the following limits:
1980 320
1981 250
1982 250
RESOLUTIONS
1.A. ENGLISH HOUSE -
DESIGNATION ON INVENTORY OF HISTORICAL AND CULTURAL LANDMARKS
(23) Proposal:
Inclusion of the English House on the Inventory of Landmarks
of Historical and Cultural Significance. The house was
constructed in 1907 by William English. Inclusion will
provide incentives for restoration and will protect the
building from demolition or indiscriminate alteration.
Written Communications:
(1) Report dated January 17, 1979, from Pamela Hallan,
Secretary, Cultural Heritage Commission, forwarding
the recommendation of approval made by the Commission.
Mrs. Hallan addressed the Council in support of the
designation.
Inclusion of English House on Inventory:
It was moved by Councilman Thorpe and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-1-17-4. INVENTORY OF HISTORICAL
H"u I.ULauAH Lt11V L1•1t11[1\J - 1i i 0ULU'11UN Ur '1nz 1-L l:Y
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN INVENTORY OF HISTORICAL AND CULTURAL
LANDMARKS AND RESCINDING RESOLUTION NO. 77-9-21-6
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
I.B. ENGLISH HOUSE - TRANSFER OF OWNERSHIP
(23) Proposal:
A transfer of ownership of the English House from Harrison
Negley to the City for subsequent transfer to Willis Hardy,
owner of a residential lot on Ramos Street, with the City
-7- 1/17/79
196
monitoring the restoration by Mr. Hardy. The building is
currently located at 31531 Camino Capistrano and would be
relocated to the Ramos Street lot.
Written Communications:
(1) Report dated January 17, 1979, from Pamela Hallan,
Cultural Heritage Commission Secretary, forwarding
the recommendation of acceptance made by the Commission
on January 2, 1979, subject to the following conditions:
(a) Any fees incurred in the recordation of deeds
or contracts shall be charged to Mr. Negley;
(b) An Agreement shall be drawn which absolves the
City from any liability during the City's brief
ownership;
(c) A formal Agreement must be signed by Mr. Hardy
stating he will accept the building and move
it from the premises.
Approval of Proposal:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to agree to accept the ownership
of the English House provided that the above conditions are
met; staff is directed to prepare all necessary documents.
2. SUPPORT OF MULTI -MODAL TRANSPORTATION TERMINAL
(88) Proposal:
Adoption of an indication of support for the application for
State funds for the purpose of acquiring the site and con-
structing a Multi -Modal Terminal adjacent to the existing
railroad station. The terminal would consolidate transpor-
tation services into one area and improve bus/rail interface.
Written Communications:
(1) Report dated January 17, 1979, from Pamela Hallan,
Administrative Aide II, forwarding a proposed
Resolution for Council consideration. Mrs. Hallan
addressed the Council.
Approval of Funding Application:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-1-17-5
r UnuL "b LiYYL1l.A'1"1 VLV - H K^;b ULUT1ULV Ur THP, CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING THE APPLICATION FOR SENATE
BILL 1879 FUNDS FOR A MULTI -MODAL TERMINAL
The motion carried by the following vote: -
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1.
BELL PARK -
GN SERVICES
(62) Proposal:
Award of contract for design services for landscaping
of Mission Bell Park.
1/17/79
197
Written Communications:
(1) Report dated January 17, 1979, from the Director of
Public Works forwarding the names and fees of
landscape architects who have submitted proposals.
Award of Contract:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to award the contract for
design of landscaping for Mission Bell Park to the low bidder,
Robert L. Pederson, Landscape Architect, 109 23rd Street,
Costa Mesa, in the total amount of $2,400 and to reject all
other proposals received. The Mayor and City Clerk are
authorized to execute the contract on behalf of the City.
2. AGREEMENT FOR GERONTOLOGY STUDENT PROGRAM AT HOT
SPRINGS DANCE HALL (SADDLEBACK COMMUNITY COLLEGE DISTRICT)
(23) Proposal:
(38) Approval of an Agreement between the City and Saddleback
Community College District for use of the Dance Hall building
for instruction in health services and gerontology.
Written Communications:
(1) Report dated January 17, 1979, from the Director of
Recreation, forwarding the proposed Agreement.
Approval of Agreement:
In response to Councilman Buchheim, Mr. Baker advised that
the District would utilize the building for approximately
9 hours per week.
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to approve the Agreement
with the Saddleback Community College District for a 5 -year
period of time and to authorize the Mayor and City Clerk
to execute the Agreement on behalf of the City.
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
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated January 17, 1979, Warrants Nos.
15746 through 15856, inclusive, and 1911 Act Account Warrant
Nos. 0231, 0232, and 0233, in the total amount of $812,249.49,
are approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF DECEMBER 31. 1978
(41) The City Treasurer's Report of Investments as of December 31,
1979, is approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF DECEMBER 31, 1978
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of December 31, 1978, is approved as submitted.
-9- 1/17/79
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF NOVEMBER 30, 1978
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the five-month period ending November 30, 1978, is
approved as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION A(
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of January 2, 1979, is ordered received and
filed.
6. REPORT OF EQUESTRIAN COMMISSION MEETING OF
JANUARY 8, 1979
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of January 8, 1979, is ordered received and
filed.
7. REPORT OF PLANNING COMMISSION MEETING OF
JANUARY 9, 1979
(67) The Report of Actions taken by the Planning Commission at
the meeting of January 9, 1979, is ordered received and
filed.
8. ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES,
RATIFICATION OF AGREEMENT FOR DESIGN FUNDS
(74) The letter agreement dated January 2, 1979, which recognizes
the deposit of the sum of $150,000 by Ortega Properties to
finance the engineering for Assessment District 78-3, is
accepted and the Mayor and City Clerk authorized to execute
the Agreement on behalf of the City.
9. AUTHORIZATION TO ATTEND PARKS AND RECREATION
CONFERENCE (COMMISSION MEMBERS)
(62) The Members of the Parks and Recreation Commission are
authorized to attend the annual State conference in San
Diego, March 3 - 6, 1979, at a cost not to exceed $600, as
set forth in the report dated January 17, from the Director
of Recreation.
TREE REMOVAL PERMITS -
AGUACATE ROAD, CAMINO CAPISTRANO
(74) At the request of Councilman Hausdorfer, this item was removed
from the Consent Calendar for consideration.
Proposal:
Removal of 4 small avocado trees located on the west side
of Aguacate, removal of six large palm trees located on the
east side of Camino Capistrano between La Paloma and Avenida
Padre in conjunction with the Camino Capistrano Improvement
District.
Written Communications:
(1) Report dated January 17, 1979, from the Director of
Community Planning and Development.
Council Discussion:
Councilman Hausdorfer requested reconsideration of the removal
of the six palm trees and requested receipt of a report on
the possibility and costs of either retaining the trees at
their present location or relocating them to another area
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within the City. Councilman Thorpe requested that staff
contact Knut Husby, who is constructing a commercial building
in the vicinity, to ascertain whether he would be interested
in utilizing the trees in conjunction with his project.
Public Hearing Date:
With the concurrence of Council, Mayor Friess directed that
consideration of the palm trees be held over and set for
Public Hearing at the meeting of February 7th.
REQUEST TO ATTEND ANNUAL SEMINAR
(DIRECTOR OF ADMINISTRATIVE SERVICES)
(41) Proposal:
A request submitted by the Director of Administrative Services
for authorization to attend a Municipal Finance Officers
Annual Seminar January 31 - February 2, 1979, in Oakland.
This item was removed from the Consent Calendar for further
consideration. Councilman Schwartze stated Department
employees other than the Director should attend training
sessions. Mayor Friess noted that the seminars are scheduled
too close together since the Director is attending a seminar
at the present time.
Authorization for Attendance:
It was moved by Councilman Thorpe and seconded by Councilman
Hausdorfer to authorize the Director of Administrative Services
to attend the seminar at a cost not to exceed $250. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe and Buchheim
NOES: Councilman Schwartze and Mayor Friess
0 74G4100000=6
ADMINISTRATIVE ITEMS
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. REPORT ON CONSTRUCTION ADJACENT TO SUNHOLLOW,
TRACT 7673 (MAURER/ELLIOTT)
(85) Written Communications:
(72) Report dated January 17, 1979, from the Director of
Public Works summarizing complaints received in connection
with the construction of Tract 7673 and forwarding a letter
received on December 22, 1978, from the SunHollow Homeowners
Association requesting City assistance.
Mrs. Staudenbaur, representing the Association, advised that
they were satisfied with the staff response to their letter.
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to direct staff to continue
working with Maurer/Elliott Development Company to correct
the problems experienced by the SunHollow Homeowners Association
and that Council be provided a review of the progress on such
problems before final approval of occupancy permits for
Maurer/Elliott Development; progress reports are to be
placed on the Agenda for Council discussion before occupancy
permits are released.
RECESS AND RECONVENE
Council recessed at 9:20 P.M. and reconvened at 9:38 P.M.
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CITY MANAGER
1. COUNTY LIBRARY SITE -
PROPOSED LEASE WITH SCHOOL DISTRICT
(52) Written Communications
Report dated January 17, 1979, from the City Manager
forwarding a draft ground lease between the Capistrano
Unified School District and the City for use of District
property as a site for a branch library to be constructed
by the County of Orange. The site consists of approximately
50,000 square feet at the northwest corner of Acjachema
Street and E1 Camino Real. The terms provide for a 50 -year
lease, the effective date being the actual date of the
commencement of construction. The County has indicated
that construction would not begin in 1979.
Approval of Ground Lease Terms:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to approve the terms of the
lease and to direct staff to forward copies of the lease to
the Capistrano Unified School District and to the County
of Orange for review.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. MEREDITH CANYON LANDSCAPING, TRACTS 8087 AND 8319
STATUS REPORT
(85) With the concurrence of Council, Mayor Friess directed that
the Report dated January 17, 1979, summarizing the current
status of the slope landscaping program be received and filed.
2. MULTI -MODAL REPORT -
AUTHORIZATION FOR FINAL PAYMENT
(88) Written Communications:
Report dated January 17, 1979, from the Director of
Community Planning and Development requesting authorization
for final payment to CHNMB and Associates for the preparation
of a grant proposal requesting Senate Bill 1879 funds for a
multi -modal transportation terminal. The City has previously
paid the amount of $2,500; local businessmen have pledged
one-half of the consultant costs, or $2,500, and have
submitted $850 to date.
Approval of Payment:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to authorize payment to
CHNMB in the amount of $2,500 for consultant planning services
related to the multi -modal terminal grant proposal.
3. GENERAL PLAN AMENDMENT 79-1, THE RANCH -
FOLLOW-UP REPORT
(46) This item is continued from the meeting of January 3, 1979.
Written Communications:
(1) Report dated January 17, 1979, from the Director
of Community Planning and Development advising that
research has produced no documentation for approval
of deletion of the ridgeline designation for the
Helicopter Hill area. Staff recommends that final
action on the General Plan Amendment be delayed so
that the ridgeline designation issue may be specifically
discussed and rescheduled by both the Planning
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201
Commission and City Council, with Public Hearings
focused on the Helicopter Hill designation.
(2) Letter dated January 8, 1979, from Doug Nash,
32906 Avenida Descanso, providing background
information and suggestions for Council con-
sideration in resolving the problem.
The Director of Community Planning and Development noted
that the apparent deletion of the ridgeline designation
occurred at the end of 1975 when several approved changes
were entered on the General Plan Map; therefore, the
designation effectively still exists on the General Plan.
Councilman Hausdorfer extended appreciation to Mr. Gardner
for pursuing the matter and extended apologies to the
applicants and to the citizens of the City for the amounts
of time expended on the issue.
Repeal of Resolution No. 79-1-3-1:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe that the Resolution adopted on January 3, 1979, with
an effective date of January 18, 1979, approving General Plan
Amendment 79-1, be rescinded. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Referral to Planning Commission:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe that the Planning Commission be directed to hold a new
Public Hearing specifically focusing on land use and ridgeline
designations for the "Helicopter Hill" area; the Commission
is to forward a recommendation to Council for: (1) retention
or deletion of the ridgeline designation; and (2) the most
appropriate land use designation for the Helicopter Hill area.
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Hearing Date of February 7, 1979:
It was moved by Councilman Thorpe and seconded by Councilman
,Hausdorfer that a Public Hearing be set before the City Council
for reconsideration of the matter on Wednesday, February 7,
1979, at 7:00 P.M., in the Council Chamber.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SERRA TREATMENT PLANT -
STATUS OF OPERATIONS AND MAINTENANCE AGREEMENT
(79) Written Communications:
(38) Report dated January 17, 1979, from the Director of
Public Works advising that on January 11th the SERRA
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202
Board of Directors unanimously approved the Agreement
with the City for the Operation and Maintenance of the
Treatment Plant. The term of the Agreement will be
from February 1, 1979, to August 31, 1980. There was
a consensus of the Council that the report be received
and filed.
Councilman Thorpe noted a letter received from the Dana
Point Sanitary District and requested that a letter be
sent from the Mayor in response indicating that the
letter has been received and that if SERRA has any
concerns, we would expect that those concerns be
forwarded back to the City by the SERRA Board of
Directors.
The appointment of a City representative to the SERRA
Board is to be scheduled for the meeting of February 7,
1979.
COMMISSIONS, BOARDS, COMMITTEES
TRAFFIC AND TRANSPORTATION COMMISSION
1. REPORT ON GANADO ROAD TRUCK TRAFFIC
(87) Written Communications:
Report dated January 17, 1979, from George Alvarez,
Secretary to the Commission, forwarding the recommendation
made by the Commission on January 4th, that a weight
restriction not be imposed on truck traffic on Ganado
Road between Ortega Highway and La Novia.
Council Discussion:
Councilman Thorpe noted that the report did not address
alternatives for providing safety.
Dennis Johnson, representing the Commission, advised that
the Commission had not studied the feasiblity of installing
a bikeway or sidewalk, but had recommended that brush be
cut back and white striping installed on the roadway for
vehicular safety. Consideration was also given to the fact
that truck traffic has been limited on Sundance and Windsong
and inclusion of restrictions on Ganado Road would add
congestion to Ortega Highway.
Mayor Friess questioned whether a bike path could be cut out
into the adjacent dirt area. Councilman Thorpe noted that
there have been major increases in pedestrian traffic to the
schools; that the re -alignment of Ganado Road will probably
not occur for a year or a year and one-half.
With the concurrence of Council, Mayor Friess requested that
the Director of Public Works submit a report on the costs _
and feasibility of providing a pathway for pedestrian and
bike traffic, especially to remove foot traffic from the
roadway.
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to table the Commission
report pending receipt of further information from the Director
of Public Works.
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_ 2®3
ENVIRONMENTAL REVIEW BOARD
1. REVIEW OF GRADING FOR ACCESS ROAD,
SINGLE FAMILY RESIDENCE (FROST)
(87) Written Communications:
Report dated January 17, 1979, from the Chairman of the
Environmental Review Board, reviewing the grading of a road
to the proposed residence of Jesse Frost which takes access
from an existing driveway entrance on Mission Hills Drive.
An application for a grading permit was previously denied
by the Environmental Review Board as unacceptable due to
grading impacts and the existence of a road which is adequate
to provide access; that application has been re -submitted.
The compatibility of the proposed road with an approved
Conditional Use Permit for a commercial stable (CUP 76-6) on
the property is also a matter of concern. During planning
review, the Board was advised that the grading of the access
road had already been accommplished without permit. A notice
of violation has been issued, and the applicant has indicated
that the site will be restored to its previous condition if
the grading permit is not approved. Due to concerns that a
precedent may be set by approval of an unacceptable project
that has been completed without permit, the Board is requesting
Council direction.
Mr. Frost addressed the Council and questioned the chronological
order of events as set forth in the report; stated that roadway
excavation encompassed approximately 600 - 700 yards of earth
rather than the 9,200 cubic yards cited; stated that the
roadway was graded for temporary hauling purposes and requested
Council approval.
Following discussion, it was moved by Councilman Thorpe,
seconded by Councilman Schwartze and unanimously carried
that the Environmental Review Board be advised that the
grading is unacceptable and that the violation should be
corrected before an occupancy permit is issued for the
residence.
The Director of Public Works advised that all of the physical
restoration work must be completed prior to issuance of a
building permit.
MOBILE HOME PARK REVIEW COMMITTEE -
AFFIRMATION OF APPOINTMENTS
(23) Written Communications:
Report dated January 12, 1979, from the City Clerk setting
forth the chronology of establishment of the Review Committee
and recommending that appointments of Committee members be
re -affirmed.
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to re -affirm the appointments
of Edwin Clark, Austin Dodge, Bud Hanson, Ervin Watkins,
Pat Kish, Angela Bailey (Alternate) and Councilman Schwartze
(Council liaison) as Members of the Mobile Home Park Review
Committee.
COUNCIL REMARKS
1. TRAFFIC SIGNAL - DEL OBISPO STREET/CALLS ASPERO
(82) Councilman Hausdorfer suggested that traffic signalization
at the intersection of Del Obispo Street and Calle Aspero
be installed at the earliest possible date.
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2. LEGISLATION
(51) Councilman Schwartze reported on activities of a State
legislative subcommittee which is considering the issue
of establishing vested rights in property development.
3. GRAND JURY NOMINEES
(56) Councilman Schwartze reminded Council Members that nominations
for appointment to the Orange County Grand Jury are to be
submitted by March 31st.
4. AIR QUALITY PLAN
(59) Councilman Thorpe noted letters received regarding deadlines
for submission of information on local air quality programs
and requested that staff comment in such reports that the City
supports the re -installation of an air quality monitoring
station and submit information on the extent of open space
provided by equestrian and bike trails and point out that
such open space should be a benefit to SERRA.
5. LOCAL WEATHER REPORTING
(76) Councilman Thorpe noted a letter received from Jeff Miller
requesting support for local weather reporting services and
suggested that the request be placed on the Agenda for
consideration.
6. CITY COUNCIL SEMINAR ATTENDANCE
(32) Councilman Thorpe advised that he would be attending a seminar
on funding sponsored by the California Arts and Humanities
Association.
7. ORANGE COUNTY TRANSIT DISTRICT, CITIZENS ADVISORY COMMITTEE
(60) With the concurrence of Council, Mayor Friess referred a request
from the Orange County Transit District for nominations to the
Citizens Advisory Committee to the Traffic and Transportation
Commission for recommendation.
8. TOP SOIL OPERATION ON GANADO ROAD
(39) In response to Mayor Friess, the City Attorney advised that the
topsoil stockpiled in the vicinity of Ganado Road is to be
removed by January 31st.
9. ADVERTISING SIGN AT JUNIPERO SERRA ROAD
(25) Mayor Friess requested that action be taken to remove the
trailer -type sign which has been placed in the area of Junipero
Serra Road to advertise property outside of the City.
RECESS AND RECONVENE
The Council recessed to executive session at 11:01 P.M., the City
Clerk being excused therefrom, and reconvened at 11:45 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 11:45 P.M., to the next meeting date of Wednesday,
January 24, 1979, at 7:30 P.M., in the City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
RESPECTFULLY SUBMITTED,
MARY ANN QOVER, CITY CLERK
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