79-0207_CC_Minutes_Regular Meeting207
FEBRUARY 7, 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
7:19 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Ernest
Sillers, St. Margaret's Episcopal Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
James F. Thorpe, Mayor pro tem
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: Lawrence F. Buchheim, Councilman
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works/City Engineer;
Thomas G. Merrell, Director of Community Planning and Development;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Adjourned Regular Meeting of January 17, 1979:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe that the Minutes of the Adjourned Regular Meeting of
January 17, 1979, be approved as submitted. The motion carried
by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
Regular Meeting of January 17, 1979:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer that the Minutes of the Regular Meeting of January 17,
1979, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
Adjourned Regular Meeting of January 24, 1979:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the Minutes of the Adjourned Regular Meeting of
January 24, 1979, be approved as submitted. The motion carried
by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
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MOTION TO READ BY TITLE ONLY
It was moved by Councilman Thorpe, seconded by Councilman Schwartze
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
PRESENTATIONS AND COMMENDATIONS
1. COMMENDATION BY SHERIFF'S DEPARTMENT
(36) Lt. Dennis LaDucer, Orange County Sheriff's Department,
introduced Detective Sergeant Dan Spratt to the Members of
the Council. Lt. LaDucer then read the commendations from
Sheriff Brad Gates which cited the meritorious actions of
Mary Sheila Claude and her daughter Mary Ann Claude which
resulted in the apprehension and arrest of 2 suspects. The
commendations were presented, and Mayor Friess expressed the
Council's appreciation to Mrs. Claude and Mary Ann.
2. COMMENDATION FOR SERVICE AS VOLUNTEER FIREMAN
(MICHAEL CORRIGAN)
(36) Mayor Friess read in full the commendation prepared for
Michael J. Corrigan for his service as a vol-unteer fireman
in the City from April, 1953, until his retirement from
active status on December 13, 1978.
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the commendation
and authorize the Mayor and City Clerk to sign the document
on behalf of the City. Mayor Friess then presented the
commendation, and Mr. Corrigan expressed his appreciation
to the Council.
ORAL COMMUNICATIONS
1. COMMISSION REPRESENTATION
(23) Sharon Neely, Chairman of the Traffic and Transportation
Commission, advised that she was present to answer any
questions with regard to recommendations made to Council.
Mrs. Neely then introduced Ronald Fuchs, recently -appointed
Member of the Commission.
2. PROTESTS AND COMPLAINTS
(72) Thelia Cutler, 30171 Silver Spur Road, addressed the Council
to protest the conduct of members of the Planning Commission
at their meeting of January 23. Mayor Friess requested that
Mrs. Cutler put her concerns in writing for the benefit of
the Council.
3. STATUS OF ANNEXATION - BEAR BRAND RANCH PARCEL 5-A
(21) Norlyn Dull, 25962 Calle Aspero, requested information on the
status of the proposed annexation. The Director of Community
Planning and Development advised that following completion
of public improvements, and within 6 months, an agreement
is to be entered into for annexation to the City.
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WRITTEN COMMUNICATIONS
1. LOCAL WEATHER REPORTING
(76) Council received copies of a letter dated January 10, 1979,
from Jeff Miller, 31911 Calle Winona, requesting assistance
with establishing a City weather station. Mr. Miller addressed
the Council and advised that he would like to meet with City
staff to discuss compilation of informational materials.
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to refer the proposal to
the City Manager for discussion with Mr. Miller of the basic
issues and submission of a report at a future City Council
meeting. Council suggested that discussion include the
various jurisdictions involved in such reporting, air quality
monitoring, and possible long-range reporting for agricultural
purposes.
2. VILLAGE SAN JUAN HOMEOWNERS ASSOCIATION
AVOCADO GROVE
(61) Council received copies of a memorandum dated January 15, 1979,
(85) from Mayor Friess suggesting that the City install an irrigation
system for a 50 -tree portion of the avocado grove within the
Village San Juan development. This area is outside of the
limits of the grove which was required to be preserved as
a condition of approval. The Association would be responsible
for clearing weeds, pruning and maintenance.
Council Members indicated their general concurrence with the
proposal.
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried to direct staff to provide
a report on the specific costs of installation of an
irrigation system.
3. METROPOLITAN PLAN FOR PUBLIC SCHOOLS
(78) Council received copies of a letter dated January 17, 1979,
from Byron E. Cook, Mayor of the City of Burbank, forwarding
a resolution in opposition to any metropolitan plan to
desegregate public schools by means of busing pupils across
school district boundaries or by adjustment to such boundaries.
With the concurrence of Council, Mayor Friess directed that a
resolution be prepared for consideration at the meeting of
February 21, 1979.
PUBLIC HEARINGS
1. ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES -
PROTEST HEARING ON PROPOSED IMPROVEMENTS AND DEBT REPORT
(74) Written Communications:
(1) Report dated February 7, 1979, from the Director of
Public Works forwarding a summary of alternative plans
for the Assessment District, as directed by Council
on January 3, and providing a new alternative for
realignment of "C" Street across Lots 14 and 19 and
the addition of a street to serve Lots 20, 22, 23, and
15. The new alternative is recommended by staff, as
well as continuation of the public hearing to the
meeting of February 21 so that modifications to the
debt report may be prepared.
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210
2.
Protest Hearing on Proposed Improvements and Debt Report:
The hour of 7:00 o'clock P.M. having arrived, Mayor Friess
announced that this is the time and place fixed by the City
Council for hearing protests or objections to the Report and
proposed construction and all related matters in Assessment
District No. 78-3.
The City Clerk reported that Notice, pursuant to the provisions
of the Streets and Highways Code, has been given in the
manner and form as required by law, and that the Certificate
of Mailing Notice and Filing Boundary Map is on file in her
office.
The Assessment Engineer, Walter Hamilton, summarized the
contents of the Report, pursuant to Division 4 of the Streets
and Highways Code, explained the method and formula of
assessment spread, and summarized the proposed works of
improvement.
Report of Protests:
The City Clerk announced that one written protest had been
received on February 1, 1979, from La Novia I for Assessment
Number 17 in the amount of $29,281.62, and that copies of
that protest had been delivered to each Member of the City
Council.
Hearing:
Mayor Friess asked to hear from those who have filed written
protests, and the following persons responded:
(1) Robert Orr, 1931 Port Nelson Place, Newport Beach,
of La Novia I, stated that his group does not benefit
from the Assessment District, but would like to defer
any further comments pending review of the alternate
proposal submitted by staff and until the meeting of
February 21st.
The Director of Public Works advised that a meeting has been
scheduled with Mr. Orr and representatives of La Novia I to
clarify cost concerns.
Continuation of Protest Hearing:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried that input be received at
this meeting but that the Protest Hearing be continued to
the meeting of February 21 for the purpose of receiving the
modifications required by the new Alternative "C".
The Director of Public Works advised that the property owners
concur with the changes indicated by Alternative "C".
Preparation of Modifications:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to direct staff to prepare
the necessary modifications to accommodate the new alternative
plan for presentation on February 21.
FOR RATE INCREASES FOR TRASH COLLECTION SERVICES
T C Tl1C T T //1TT17 T TTV \
(45) Written Communications:
(1) Report dated February 7, 1979, from the Director of
Public Works forwarding a letter dated December 14,
1978, from Thomas Trulis, Solag Disposal Company,
31652 Second Avenue, South Laguna, requesting approval
of various increases in residential and commercial
solid waste collection rates.
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211
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no response,
declared the Hearing closed.
Approval of Rate Increases:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-2-7-1, TRASH COLLECTION RATES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING TRASH
COLLECTION RATES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
The Resolution approves the following monthly rates, effective
July 1, 1979:
Residential $3.25
Multiple Units $2.25
The following commercial rates are approved, effective
April 1, 1979:
1 pickup per week
$22.50
2 pickups
per
week
$31.25
3 pickups
per
week
$40.00
4 pickups
per
week
$48.75
5 pickups
per
week
$57.50
6 pickups
per
week
$66.25
3. ASSESSMENT DISTRICT 78-2, CAMINO CAPISTRANO -
PROPOSED REMOVAL, RELOCATION OR RETENTION OF PALM TREES
(74) Written Communications:
(1) Report dated February 7, 1979, from the Director of
Public Works providing cost information for the
relocation or retention of the six palm trees on the
east side of Camino Capistrano between La Paloma and
Avenida Padre, as directed on January 17th.
(2) Letter dated February 6, 1979, from Darwin Iddings,
owner of La Golondrina Motel, 32232 Camino Capistrano,
advising that the trees are approximately 25 years old
and were transplanted from the Old Mission grounds.
Public Hearing:
Notice having been given, Mayor Friess opened the Public
Hearing; and, there being no response, declared the
Hearing closed.
Councilman Hausdorfer encouraged staff to make every effort
to save the trees due to their historical significance and
suggested that San Juan Beautiful be contacted. Mayor Friess
requested that staff actively seek methods of relocating the
trees since support for retention of the palms has not been
indicated.
Continuation of Hearing:
It was moved by Councilman Hausdorver, seconded by Councilman
Schwartze and unanimously carried to continue the item for a
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212
2 -week period of time for the purpose of receiving public
response and possible solutions for preserving the trees.
4. CONDITIONAL USE PERMIT 78-7 -
MISSION HILLS EQUESTRIAN CENTER
(39) Proposal:
Construction of a private equestrian center to be located at
the southeast terminus of Mission Hills Drive. The project
would include 27 pipe paddocks, hot walker, lunge ring and
arena
Applicant:
Mission Hills Homeowner's Association, c/o Jill Hanna,
30161 Branding Iron Road.
Written Communications:
(1) Report dated February 7, 1979, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning Commission
on January 9th. The Permit requires City Council approval
since the facility would be located in an area of Tract
6381, in which development rights have been dedicated to
the City.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open and the following persons
responded:
(1) Eldon Cutler, 30171 Silver Spur Road, representing
the applicant, expressed his appreciation for the
assistance received from staff and advised that the
property owner, Fredricks Development Company, supports
the project. Mr. Cutler urged Council approval of the
permit.
There being no further response, Mayor Friess declared the
Hearing closed.
Approval of Conditional Use Permit:
It was moved by Councilman Thorpe and seconded by Councilman
Schwartze that the following Resolution be adopted:
NO. 79-2-7-2, CONDITIONAL USE PERMIT 78-7
LLS HOMEOWNER'S ASSOCIATION EOUESTRIAN CENTER) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING CONDITIONAL
USE PERMIT 78-7, A PROPOSED PRIVATE EQUESTRIAN CENTER FOR
THE MISSION HILLS HOMEOWNER'S ASSOCIATION
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
5. GENERAL PLAN AMENDMENT 79-1, THE RANCH
(46) Written Communications:
(1) Report dated February 7, 1979, from the Director of
Community Planning and Development, forwarding the
recommendation made by the Planning Commission on
January 23. The recommended resolution includes
2/7/79
213
removal of the protected ridgeline designation for
Helicopter Hill and approval of a visual impact
overlay, deletion of Horno Creek Road and various
revised road alignments and classifications within
the Circulation Element.
(2) Report dated February 7, 1979, from the Director of
Community Planning and Development, suggesting
revisions to the proposed resolution which would
retain the ridgeline designation for Helicopter
Hill while allowing grading which would result in
restoration of a natural appearance to the hill area.
(3) Letter dated February 1, 1979, from Albert J. Baumgartner
26852 Canyon Crest Road, in support of retention of the
ridgeline.
(4) Letter dated February 1, 1979, from Paul W. Larson,
31912 Avenida Evita, in support of ridgeline
preservation.
(5) Letter dated February 3, 1979, from David W. Mayne,
30192 Branding Iron Road, in support of ridgeline
preservation.
(6) Letter dated February 6, 1979, from G. R. Durenberger,
31431 Camino Capistrano, in support of the project as
submitted.
(7) Letter dated February 6, 1979, from Lisa Menymon,
31886 Avenida Evita, in support of the project with
retention of the ridgeline.
Public Hearing:
Councilman Thorpe clarified that the Hearing is for consideration
of the entire project and not limited to the ridgeline.
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons responded:
(1) Bill Gardner, 30231 Silver Spur Road, representing the
Committee for the Preservation of our Ridgeline,
resubmitted petitions containing approximately 225
signatures and submitted additional petitions containing
approximately 750 signatures in opposition to the
elimination of the protected ridgeline designation
for the Helicopter Hill area as shown on the General
Plan. Mr. Gardner advised that the Committee supports
the Ranch project as a whole as an outstanding concept
and would support the resolution of approval with the
revised wording.
(2) Bob Davies, Member of the Planning Commission, spoke in
support of the project and clarified that his vote to
remove the designation was not a vote to remove the
protection; permanent protection of the ridgeline will
only occur through approval of a project which will do so.
(3) Carolyn Nash, representing Town Hall Association, stated
that the organization supports the revised resolution
with the conditions that no roofs are visible above the
ridge as viewed from the downtown area and the area to
the east, the Visual Impact Overlay is submitted to the
City prior to approval of the final plan, and consideration
is given to the number of residences located on the
northwest side of the hill.
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(4) Fenwick McCollum, 31702 Via Ana, urged that the
ridgeline designation be retained.
(5) Jill Hanna, 30161 Branding Iron Road, spoke in support
of retaining ridgeline designations.
(6) Bill Fisher, 31192 Paseo Acacia, urged approval of the
project as a means of preserving natural areas and
farming.
(7) Bruce Church, 26851 Canyon Crest Road, spoke in favor
of the project and cited the condition of the hill
caused by previous grading.
(8) John Lloyd, 512 Harbor Island Drive, Newport Beach,
partner in The Ranch development, requested that _
Council adopt the revised recommendations and stated
they could work within those conditions.
(9) Caroline Munson, 31505 Paseo Christina, requested that
the ridgeline designation not be removed.
(10) Ed Haffe, Member of the Exchange Club, spoke in
support of property owners' rights.
(11) Randy Bayless, 32122 Paseo Sanchez, spoke in support
of ridgeline retention.
(12) Rose Corrigan, Los Cerritos Ranch, advised that during
General Plan deliberations her concerns were for
preservation of the valley floor rather than ridgelines.
(13) Chris Lenocker, 32221 Del Obispo Street, spoke in
favor of the development while maintaining the ridgeline
designation.
There being no further response, Mayor Friess declared the
Hearing closed.
RECESS AND RECONVENE
Council recessed at 9:26 P.M., and reconvened at 9:48 P.M.
Approval of General Plan Amendment 79-1 (The Ranch):
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer that the following Resolution be adopted as
amended:
RESOLUTION NO. 79-2-7-3, GENERAL PLAN AMENDMENT
79-1 (THE RANCH) - A RESOLUTION OF THE CITY COUNC
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: Councilman Buchheim
The Resolution includes the following:
(1) Retains the Protected Ridgeline designation for the
Helicopter Hill area as shown on the Composite Land
Use Map.
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215
(2) Approval of the land use designations shown on
Exhibit "A", including the Visual Impact Overlay
designation for Helicopter Hill.
(3) Approval of the total deletion of Horno Creek Road
from the Composite Land Use Map and Circulation Element.
(4) Approval of the revised alignments and classification
of Rancho Viejo Road, Calle Arroyo, Avery Parkway,
and La Pata Avenue as shown on Exhibit "B".
The amendments to the Resolution include the following:
(1) Page 1, Paragraph 2 is amended to read as follows:
The View Impact Overlay added to the protective
ridgeline designation on 'Helicopter Hill' is to serve
as a technique for dealing with a unique problem. This
hill is the only one so designated which has already
been significantly graded. In order for this ridge
to contribute to the General Plan goal of preserving
natural ridgelines which define the valley, further
grading to bring about natural contours (thereby
'restoring' the hill) will be required. Such grading
is made economically feasible through associated
development. Therefore, the combination of ridgeline
designation and view impact overlay shall provide for
grading which results in restoration of a natural
appearance of the hill, while requiring other grading
and development for dwellings in the area to be
subject to City Council approval of view impacts.
This treatment is to be considered unique to this
particular ridge and does not establish a new
policy or precedent for other protected ridges on
the General Plan."
(2) Page 2, Paragraph 7 is amended to read as follows:
"All equestrian/hiking trails and bikeways shall be
dedicated, improved and developed as shown in the
Parks and Recreation Element of the General Plan and
as required by Section 4.1.6 of the Land Use Management
Code."
With the concurrence of Council, Mayor Friess directed staff
as follows: prior to Planning Commission deliberations on
the project and especially the Visual Impact Overlay, a work -
session is to be scheduled; and, at least 10 days prior to
that time, a copy of the plan that will be proposed for the
area is to be made available to any group represented in the
community and to any individual requesting a copy.
RESOLUTIONS
1. SUPPORTING STATE FUNDING OF VECTOR CONTROL DISTRICTS
(57) Written Communications:
(1) Report dated February 7, from Loretta Murray,
Administrative Assistant, forwarding a proposed
Resolution, as directed by Council on January 17.
Approval of Resolution:
It was moved by Councilman Hausdorfer and seconded by
Councilman Schwartze that the following Resolution be adopted:
NO. 79 -2 -
CALIFORNIA, SUPPORTING
CONTROL DISTRICTS
, SUPPORTING STATE FUNDING
.ICTS - A RESOLUTION OF THE
Y OF SAN JUAN CAPISTRANO,
STATE FUNDING OF VECTOR
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216
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze and
Mayor Friess
NOES: None
ABSTAIN: Councilman Thorpe
ABSENT: Councilman Buchheim
2. SUPPORTING CONSTRUCTION OF ORANGE COUNTY BRANCH LIBRARY
(52) Written Communications:
(1) Report dated February 7, 1979, from the City Manager,
forwarding a proposed Resolution, as directed by
Council on January 17th.
Approval of Resolution:
It was moved by Councilman Thorpe and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-2-7-5, ORANGE COUNTY BRANCH
LIBRARY - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
URGING THE COUNTY OF ORANGE TO AUTHORIZE FUNDING
FOR THE BRANCH LIBRARY TO BE LOCATED IN SAN JUAN
CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
Mayor Friess suggested that community support for the project
be requested.
BIDS, CONTRACTS, AGREEMENTS
1. ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES -
AWARD OF CONTRACT FOR RIGHT-OF-WAY ENGINEER (PRC TOUPS CORP.)
(74) Proposal:
Approval of an Agreement with PRC Toups Corporation for
right -o£ -way engineering services for Assessment District
78-3 in the amount of $22,000.
Written Communications:
(1) Report dated February 7, 1979, from the Director of
Public Works forwarding the proposed Agreement.
Approval of Agreement:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to approve the Agreement
for Right -of -Way Engineering Services between the City and
PRC Toups Corporation of Orange, California, and to authorize
the Mayor and City Clerk to execute the Agreement on behalf
of the City.
2. ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES
AWARD OF CONTRACT FOR CONSTRUCTION ENGINEER (WILLDAN ASSOCIATES)
(74) Proposal:
Approval of an Agreement with Willdan Associates for construction
engineering services for Assessment District 78-3 in the amount
of $99,000.
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217
Written Communications:
(1) Report dated February 7, 1979, from the Director
of Public Works forwarding the proposed Agreement.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to approve the agreement for
construction engineering services between the City and
Willdan Associates of Anaheim, California, and to authorize
the Mayor and City Clerk to execute the Agreement on behalf
of the City.
3. ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES -
AWARD OF CONTRACT FOR ASSESSMENT ENGINEER (RMA & ASSOCIATES)
(74) Proposal:
Approval of an Agreement with RMA and Associates for assessment
engineering services for Assessment District 78-3.
Written Communications:
(1) Report dated February 7, 1979, from the Director of
Public Works forwarding the proposed agreement.
Aooroval of Agreement:
It was moved by Councilman
Hausdorfer and unanimously
for assessment engineering
RMA and Associates of Costa
the Mayor and City Clerk to
of the City.
TRAFFIC SI
Thorpe, seconded by Councilman
carried to approve the agreement
services between the City and
Mesa, California, and to authorize
execute the Agreement on behalf
(82) Proposal:
Award of bid for installation of a traffic signal on Del Obispo
Street at Alipaz Street and coordination with the signal at
Paseo Adelanto in acccordance with a condition of approval
for the Casitas de Alipaz development. The developer will
fund the signal with future reimbursement to be made by other
projects along Alipaz Street.
Written Communications:
1) Report dated February 7, 1979, from the Director of
Public Works forwarding the results of bids received
on January 31st.
Approval of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to award the contract for the
installation of the Del Obispo Street Traffic Signal, Alipaz
Street to Paseo Adelanto, to the low bidder, Electrend, Inc.
of Los Angeles, California, and to authorize the Mayor and
City Clerk to execute the contract on behalf of the City.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer and seconded by Councilman
Thorpe 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,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
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218
1. APPROVAL OF WARRANTS
(41) The List of Demands dated February 7, 1979, Warrants Nos.
15858 through 16003, inclusive, and 1911 Act Account Warrant
Nos. 0234 and 0235, in the total amount of $497,485.39, is
approved as submitted with the addition of Warrant No.
16006, payable to D. Muralt at $1,082.25 for a total amended
amount of $498,567.64.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
JANUARY 22, 1979
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of January 22, 1979, is ordered received and
filed.
3. REPORT OF PLANNING COMMISSION MEETING OF
JANUARY 23, 1979
(67) The Report of Actions taken by the Planning Commission at
the meeting of January 23, 1979, is ordered received and
filed.
4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
MEETINGS OF JANUARY 4 AND JANUARY 18, 1979
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meetings of January 4 and January 18, 1979,
is ordered received and filed.
5. TRAFFIC SIGNAL, DEL OBISPO STREET/CALLE ASPERO
rvH a
(82) The specifications for a traffic signal on Del Obispo Street
at Calle Aspero are approved and the City Clerk is authorized
to accept bids, as set forth in the report dated February 7,
1979, from the Director of Public Works.
6. 1979 WEED ABATEMENT SERVICES -
AWARD OF CONTRACT (HERBERT J. MOONEY)
(74) The bid submitted on January 24, 1979, by Herbert J. Mooney
of Norco, Caifornia, is accepted in the total amount of
$9,903.50 for 1979 weed abatement services and the Mayor
and City Clerk authorized to execute the Agreement on behalf
of the City.
7. ACCEPTANCE OF EASEMENT DEED FOR BIKE TRAIL
AVENIDA PADRE AND CAMINO CAPISTRANO (HUSBY)
(73) The Easement Deed for Public Bicycle Trail purposes over
(62) property bounded by Camino Capistrano, Avenida Padre, Inter-
state 5 and the San Juan Creek Channel is accepted from Knut H.
Husby in conjunction with AC 77-6, and the City Clerk is
authorized to record the Deed.
8. QUITCLAIM OF IRREVOCABLE OFFER OF DEDICATION FOR
ROAD PURPOSES, LOTS 5 AND 6, TRACT 9682 (COOK)
(85) This item is held over for consideration at a later date
at the request of the Director of Public Works.
9. ACCEPTANCE OF EASEMENT DEED FOR ROAD PURPOSES -
LOS RIOS AREA
(23) The Easement Deed for Road Purposes in the Los Rios Area is
(73) accepted from Orange County Waterworks District No. 4 in
exchange for future road improvements, and the City Clerk
is authorized to record the Deed.
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10. CLAIM FOR DAMAGES, SERRA TREATMENT PLANT
(35) The Claim filed on January 17, 1979, by Alexander Bowie on
behalf of the South East Regional Reclamation Authority for
damages to the SERRA Treatment Plant allegedly occurring
on October 17, 1978, in the approximate amount of $3,000, is
denied and referred to the City's insurance carrier, Carl
Warren and Company.
11. CLAIM FOR BENEFITS - ORANGE COUNTY
EMPLOYEES RETIREMENT SYSTEM
(35) The Claim filed on January 12, 1979, by the County Counsel
on behalf of the County Employees Board of Retirement, in
the amount of $108,177.27, is denied and referred to the
City's insurance carrier, Dan Gorman Insurance.
12. ACCEPTANCE OF IMPROVEMENTS AND LETTER
OF CREDIT, TRACT 9795 (LOVE)
(38) The public improvements for Tract 9795 are accepted, as well
(85) as the Letter of Credit dated January 10, 1979, from American
State Bank, submitted on behalf of Jack Love, in the amount of
$44,000. The Letter of Credit provides $34,000 for maintenance
of public streets and $10,000 for completion of landscaping
and will expire on February 21, 1980. Staff is authorized
to release the Letter of Credit upon its expiration.
13. A.C. 78-9 - HEARING DATE FOR APPEAL OF PLANNING
COMMISSION DECISION (HOME FEDERAL SAVINGS AND
LOAN ASSOCIATION)
(68) A Public Hearing is to be scheduled for February 21, 1979,
on the appeal of the Planning Commission decision of January 9,
1979, filed by Home Federal Savings and Loan Association on
January 30th.
SAN JUAN HOT SPRINGS DANCE HALL -
NOTICE OF COMPLETION AND FINAL REPORT
(23) Written Communications:
(1) Report dated February 7, 1979, from the Director of
Public Works advising that the rehabilitation of
the San Juan Hot Springs Dance Hall has been completed
by the contractor, Roland Olsen, of San Juan Capistrano.
Payment status is as follows:
Total Project Costs $172,656.09
Less 10% Retention 17,265.61
Previous Progress Payments 155,390.48
Total due to Date $ 3,737.78
(2) Letter dated February 1, 1979, from Roland Olsen
providing a listing of corrected items and requesting
consideration of release of the 10% retention at this
time.
Acceptance of Work:
Following discussion, it was moved by Councilman Hausdorfer,
seconded by Councilman Schwartze and unanimously carried that
the following Resolution be adopted:
RESOLUTION NO. 79-2-7-6
SAN
nux OY MID UIRW:L riHLL - ti IILZbULUTIUN UrTnh l ITI
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE REHABILITATION OF THE SAN
JUAN HOT SPRINGS DANCE HALL
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220
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
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 Roland
Olsen in the amount of $3,737.78, with the 10% retention
authorized for payment 35 days after recordation of the
Notice of Completion.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
MEREDITH CANYON LANDSCAPING STATUS
REPORT, TRACT 8087 AND 8319
(85) With the consensus of Council, the status report dated
February 7, is ordered received and filed.
INITIATION OF GENERAL PLAN AMENDMENT 79-2
(GLENDALE FEDERAL SAVINGS AND LOAN)
(46) It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to include the proposed
Glendale Federal project within General Plan Amendment 79-2.
A report dated February 7, 1979, was provided by the Director
of Community Planning and Development.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
PEDESTRIAN/BIKE PATHS AT GANADO ROAD
FEASIBILITY REPORT
(62) Council received copies of a report dated February 7, 1979,
from the Director of Public Works providing preliminary
cost estimates for a pedestrian/bikeway on Ganado Road.
Authorization for Expenditure:
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried to authorize staff time
and the expenditure of up to $2,000 in materials to provide
a temporary path in the curve area of Ganado Road.
2. POLICY FOR OCCUPANCY PERMITS AND
PUBLIC IMPROVEMENTS
(69) Written Communications:
(1) Report dated February 7, 1979, from the Director of
Public Works forwarding various forms of release for
occupancy permits as provided to developers.
Council Discussion:
Mayor Friess suggested that the City should formulate a
specific policy so that meeting final requirements is
agreed to between the developer and the buyer. Councilman
Thorpe noted City requirements should include conditions
for clearing and cleaning of streets at the time model
homes are open. Mayor Friess noted the slope erosion in
the Los Corrales development and cited concerns that buyers
and potential buyers are not being notified that a landscape
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221
maintenance district has been formed in the area. Councilman
Thorpe noted that if occupancy permits are issued while a
development is in progress, streets should be fully prepared
and it may be necessary to clear and clean the streets daily
and remove construction vehicles from the streets at night
in order to provide safe egress and ingress.
There was a consensus of Council that the Director of Public
Works prepare a phasing schedule for the issuance of occupancy
permits in subdivision developments which will provide clear,
safe and clean egress and ingress for home buyers. With regard
to the Los Corrales development, it is to be clarified that
potential buyers are being notified of the existence of the
landscape maintenance district and that persons who have already
purchased homes have been advised of the district requirements.
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried that the Director of Public
Works prepare a policy for the issuance of use and occupancy
permits which will provide a phasing schedule by blocks of
lots that are responsible planning units with egress and
ingress being kept open at all times.
COMMITTEE REPORTS
1. RESOLUTION SUPPORTING LEAGUE OF CALIFORNIA CITIES POSITION
TERRITORIAL RATING FOR AUTO INSURANCE COSTS
(61) Council received copies of a proposed Resolution from the
League of California Cities regarding a study by the State
Department of Insurance on the subject of territorial
rating systems used by automobile insurers.
It was moved by Councilman Thorpe and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 79-2-7-7, TERRITORIAL RATING FOR
AUTO INSURANCE - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, URGING
MAINTENANCE OF AN EQUITABLE SYSTEM OF TERRITORIAL
RATING FOR INSURANCE RATES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
The Resolution urges maintenance of an equitable system of
territorial rating by which loss costs of automobile insurers
are allocated to those areas in which persons causing such
losses reside.
COUNCIL ACTIONS
1. APPOINTMENT OF REPRESENTATIVE TO THE SOUTH EAST
REGIONAL RECLAMATION AUTHORITY (NASH)
(79) Written Communications:
(1) Report dated February 7, 1979, from the City Manager,
forwarding the applications received for appointment
as the City's representative to the Board of Directors
of SERRA.
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222
Appointmentof City Representative:
Councilman Hausdorfer nominated Douglas Nash; and, there
being no further nominations, it was moved by Councilman
Hausdorfer, seconded by Councilman Thorpe and unanimously
carried that Mr. Nash, of 32906 Avenida Descanso, be appointed
to the Board and that Councilman Thorpe serve as Alternate.
Mayor Friess requested that staff ascertain whether two
Alternates may be appointed, with the Director of Public
Works serving as the second Alternate.
`l. RATIFICATION OF APPOINTMENT TO ORANGE COUNTY TRANSIT
DISTRICT CITIZENS ADVISORY COMMITTEE (KAUFMAN)
(60) Written Communications:
(1) Report dated February 7, 1979, from the City Manager,
advising that at their meeting of January 18th, the
Traffic and Transportation Commission recommended
the appointment of their Member Jerry Kaufman to serve.
Appointment of City Representative:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to approve the appointment
of Jerry Kaufman to the Citizens Advisory Committee of the
Orange County Transit District Board of Directors.
COUNCIL REMARKS
1. LOS RIOS AREA STUDY
(23) Councilman Hausdorfer suggested that the study of the Los
Rios Area should be reviewed, and Mayor Friess directed
that a status update be scheduled for the Council meeting
of February 21.
2. SAN JUAN CREEK SAND AND GRAVEL OPERATION (JONES)
(39) Mayor Friess noted that work was being done in the creekbed
on Sunday in violation of the permit and requested that action
be taken to cease such violations prior to the next Council
meeting. Mr. Friess also requested that residents of the
San Juan Hills development be notified of the proposed
presentation by the Orange County Flood Control District.
3. MEETING ATTENDANCE
(32) Councilman Thorpe advised that he will be unable to attend
the Council meeting of March 7th and the meeting with the
Planning Commission of February 13th. Mr. Thorpe also requested
that meetings be limited to the 1st and 3rd Wednesdays, rather
than other days of the week, and that any additional meetings
be held at times when there is a 5th Wednesday in the month.
4. SCHOOL DISTRICT BOUNDARY SPLIT _
(78) Councilman Thorpe commented that the proposed split of the
Capistrano Unified School District would be an unnecessary
duplication of expenses and suggested that a City representative
attend the next hearing on the proposed new District to
reiterate the City's previous opposition as adopted by
Resolution of the Council.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:05 A.M., Thursday, February 8, 1979, to the next
meeting date of February 13, 1979, for a joint meeting with the
Members of the Planning Commission at 5:30 P.M., in the City Council
Chamber.
ATTEST: RESPECTFULLY SUBMITTED, ENNETH E. FRIESS, MAYOR MARY ANN, ANOVER, CITY CLERK
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