79-0221_CC_Minutes_Regular Meeting225
FEBRUARY 21, 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
7:07 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman Gary
Hausdorfer.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
James F. Thorpe, Mayor pro tem
Lawrence F. Buchheim, Councilman
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works/City Engineer;
Larry Lawrence, Senior Planner; Tom Tomlinson, Associate Planner;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of February 7, 1979:
It was moved by Councilman Schwartze, seconded by Councilman Thorpe
that the Minutes of the Regular Meeting of February 7, 1979, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Adjourned Regular Meeting of February 13, 1979:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the Minutes of the Adjourned Regular Meeting of
February 13, 1979, be approved as submitted. The motion carried
by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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PRESENTATIONS AND COMMENDATIONS
1. PROPOSED FORMATION OF ORANGE COUNTY STATE
HIGHWAY DISTRICT
(51) Ed Lyon, 405 Avenida Granada, San Clemente, representing
the Citizens Advisory Committee of the Orange County Trans-
portation Commission, addressed the Council and presented a
report from the Commission in support of the creation of a
separate State Transportation District for Orange County.
The County is presently included within State District 7,
which is composed of Los Angeles, Ventura, and Orange Counties.
The proposed separation is for the purpose of increasing the
number of State highway monies allocated to Orange County.
Adoption of Resolution:
It was moved by Councilman Schwartze and seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 79-2-21-1, ORANGE COUNTY STATE
HIGHWAY DISTRICT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING LEGISLATION TO CREATE
A NEW STATE HIGHWAY DISTRICT CONSISTING SOLELY
OF ORANGE COUNTY
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. PROCLAMATION COMMENDING THE CAPISTRANO LIONS CLUB
(36) Mayor Friess read in full the Proclamation commending the
Capistrano Valley Lions Club for their community service
activities, including the completion of the exterior of the
Hot Springs Dance Hall building, donation of an organ for
use at the Dance Hall, and the donation of the Game Mobile
to the recreation program.
Mayor Friess presented the Proclamation to Darrel Carmichael,
Lions Club President, and Club Member Bud Hanson and expressed
the City's appreciation for the many Club services which have
benefitted the community.
ORAL COMMUNICATIONS
1. SETTLEMENT OF GLENDALE FEDERAL SAVINGS AND
LOAN LAWSUIT - PROTEST (BYRNES)
(72) Roy L. Byrnes, M.D., 28355 Ortega Highway, former Mayor, read
a statement dated February 19, 1979, addressed to the Council
protesting the manner in which the Glendale Federal lawsuit
was settled through negotiations in Executive Sessions and
without input from previous members of the City Council and
Planning Commission who were named as co-defendants in the
lawsuit.
Mayor Friess advised that the agreement reached between the two
parties is a conceptual agreement only, environmental concerns
will be dealt with through the normal process, and the City may
continue the lawsuit at any time. Councilman Thorpe advised
that it was a Court -imposed condition that discussions be held
in Executive Session and that people have the legal right to
challenge the Environmental Impact Report.
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2. STABLES ALONG TRABUCO CREEK - COMPLAINT (CHESTEK)
(72) Blanche Chestek, 26438 Paseo Carmel, addressed the Council
regarding the condition of the stables between Trabuco Creek
and Avenida de la Vista and suggested that a charge of $25
be made for each Paramedic call and that those funds be used
by volunteer sheriffs to provide enforcement. Mrs. Chestek
also cited problems with persons destroying private property
in her area.
Mayor Friess advised that the City is in the process of recruiting
for a Sheriff Reserve program.
3. MONTANEZ ADOBE
(23) Forrest Dunivin, 33812 Valle Road, owner of the Montenez Adobe
on Los Rios Street, addressed the Council and advised that he
wished to work with the City to resolve any difficulties with
the realignment of the properties on the westerly and southerly
portions of the Montanez Adobe site.
PRESENTATION BY ORANGE COUNTY FLOOD CONTROL DISTRICT (NELSON)
(56) Carl Nelson, Assistant Director of the Orange County
(39) Environmental Management Agency, addressed the Council at
the invitation of the City and set forth his background
in the Flood Control function and provided information on
activities of the District. Mr. Nelson advised that, with
regard to the Jones Sand and Gravel excavation in San Juan
Creek, there is no plan, but a cross-section is available
showing the maximum cut which would resemble a graded floodway;
permits are accompanied by engineering detail to show that
such operations will meet the needs for erosion and flood
protection; the Jones permit was issued by the County subject
to conditions which state there is no objection and the
conditions include access, disturbance, noise, dust, and
complying with all regulations of the local jurisdiction;
therefore, the operation is almost exclusively under the
jurisdiction of the City.
In response to Council, Mr. Nelson clarified that the work
had not been mandated by the County and that no recommendations
are made by the County that the channels should be cleaned.
Mayor Friess noted that the Council had not been aware of the
extent of local control.
Robert Bosanko, 27621 Avenida Larga, addressed the Council
and presented a letter dated February 21, 1979, from the San
Juan Hills East No. III Homeowners Association, urging that
the Jones operation not be allowed to continue beyond the
April 1st expiration of Conditional Use Permit 78-5. Several
on-going violations of the permit conditions were cited, and
Mr. Bosanko requested that those conditions be enforced.
Council indicated that the Jones permit will not be continued
beyond April 1, 1979, and that public hearings would be
scheduled prior to issuance of any further permits.
MOBILE HOME PARK REVIEW COMMITTEE
1. PROPOSED ORDINANCE
(23) This item was taken out of order on the Agenda for the benefit
of members of the audience.
Proposal:
onsideration of a proposed ordinance submitted by the Mobile
Home Park Review Committee which would establish a Mobile
Home Park Review Board with the authority to hold public
hearings, review and make recommendations on issues relating
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to mobile home park living, and establish procedures for
the issuance of new park rules and regulations, new assess-
ments, and proposed space rent increases.
Written Communications:
(1) Report dated February 21, 1979, from the City
Manager.
Committee Member Bud Hanson addressed the Council and advised
that the Committee had unanimously accepted the proposed
ordinance in its present form as a workable document.
Council commended the Members for their efforts on the
Committee. Councilman Buchheim requested that copies of
the proposed ordinance be placed at each of the mobile home _
parks in the City before the next City Council meeting.
Council concurred with the suggestions of Mayor Friess
that it would be appropriate to include a section in the
ordinance to deal with enforcement and penalties, and that
the City Attorney address the subjects of clean-up deposit
fees and refunding mechanisms. Council also requested that
the City Attorney provide an opinion by March 7th on provisions
for sale of mobile home parks and right of first refusal. The
City Manager advised that the proposed ordinance should be
considered by the Environmental Review Board prior to further
Council consideration.
Mayor Friess then asked for comments from the audience relating
only to possible changes to the ordinance or specific opposition,
and the following persons responded:
(1) Timothy Tierney, Attorney at Law, 4341 Birch Street,
Suite 207, Newport Beach, representing the owner of
the Rancho Alipaz mobile home park, statedopposition
on philosophical, legal and economic grounds; total
housing costs would not be controlled; a particular
cost -of -living index should be selected for determining
space rent increases.
(2) Al Arps, 32302 Alipaz Street, Chairman of the San Juan
Capistrano Mobile Home Council, spokesman for the mobile
home park tenants present, stated that the Committee
concurs with the direction from the City Council and
staff and noted that the Mobile Home Council uses the
words "stabilized housing costs" rather than "rent
control".
(3) Pat Kish, Member of the Review Committee.
Continuation to March 7, 1979:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried that further consideration
of the ordinance be scheduled for the meeting of March 7,
1979, as an urgency matter.
RECESS AND RECONVENE
Council recessed at 8:55 P.M., and reconvened at 9:10 P.M.
ENVIRONMENTAL REVIEW BOARD
1. REVIEW OF GRADING ALTERNATIVES FOR RESERVOIR -
(94) This item was taken out of order on the Agenda for the benefit
of the persons in the audience.
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229
Proposal:
A request from the Environmental Review Board for City Council
review of alternative grading and construction plans submitted
to Orange County Waterworks District No. 4 for a reservoir to
be located on the designated ridgeline within Tract 6381. The
Water Board had received bids on four alternatives, with the
low bids ranging from $403,000 for a completely buried concrete
reservoir to $180,630 for a steel reservoir placed on top of
the ridge.
Approval of Alternate No. 3:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to accept the recommendation
of the Water Board and approve Alternate 3, as follows:
Aboveground steel reservoir cut into the easterly
side of the ridge. Low bidder - Pittsburg -Des Moines
Steel, $180,630.
Staff is directed to submit a strong landscaping concept to
alleviate grading impacts, with consideration given to an
earth -toned color to blend with the surrounding area.
Councilman Thorpe suggested that consideration be given to
joint uses for future reservoirs, such as recreational uses,
in order to justify costs of burying the structures. Ray
Woodside, Waterworks District Engineer, advised that owners
of adjacent properties would be investigating such possibilities.
WRITTEN COMMUNICATIONS
PETITION FOR
OF TRAFFIC S
(82) With the concurrence of Council, Mayor Friess directed that
(72) the petition submitted on February 13, 1979, by Michele
Plotkowski, 31982 B Via Belardes, and signed by 26 residents
requesting installation of a traffic signal at the intersection
of Del Obispo Street and Via Belardes, be referred to the
Traffic and Transportation Commission for recommendation and
report.
?. STABLES ADJACENT TO AVENIDA DE LA VISTA - COMPLAINT
(72) Mayor Friess directed that the letter dated February 12, 1979,
from Pauline Alexander, be referred to the Land Use Coordinator
for report to the Council on March 7th.
PUBLIC HEARINGS
(74) This Public Hearing is continued from the meeting of February 7,
1979. Councilman Buchheim stated for the record that he had
listened to the tape recording of the February 7th meeting.
Written Communications:
(1) Report dated February 21, 1979, from the Director of
Public Works advising that improvement modifications
have been prepared and reflect the plan most acceptable
to the affected property owners.
Continuation of Protest Hearing:
Notice of continuation having been given as required by law,
Mayor Friess reopened the Hearing to receive protests or
objections to the Debt Report and proposed construction
and all related matters in Assessment District No. 78-3.
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230
Report of Protests:
The City Clerk announced that one additional written protest
had been received on February 21, 1979, from the Southern
California District Advisory Board of the Church of the
Nazarene, 524 East Chapman, Orange, for Assessment No. 2
in the amount of $420,349.06, and that copies of that protest
had been delivered to each Member of the City Council.
Hearing:
The following persons addressed the Council:
(1) Willian Marticorena, of the law firm of Rutan and
Tucker, 401 Civic Center Drive West, Santa Ana,
addressed the Council representing La Novia I, which
had previously filed a protest for Assessment No. 17.
Mr. Marticorena advised that an amendment to the
development plan is being processed to obtain a more
reasonable use of the property and thereafter the
assessment will be re-evaluated.
Percentage of Protests:
The Director of Public Works advised that the owners of
14% of the area within the assessment district had filed
protests. Staff recommends the modified improvement plan,
Alternate "C", be adopted.
With the concurrence of Council, Mayor Friess declared the
Public Hearing closed.
Adoption of Resolution Ordering Changes and Modifications:
It was moved by Councioman Schwartze and seconded by Councilman
Hausdorfer that the following Resolution be adopted with the
incorporation of Alternate "C" into the development plans:
RESOLUTION NO. 79-2-21-2, CHANGES AND MODIFICATIONS -
AESEESMENT DISTRICT NO. 78-3 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
F. MacKenzie Brown, Assessment Attorney, advised that
confirmation hearings will be held in six months and that
property owners will have further opportunity to protest
final costs and detailed plans and specifications. A formal
presentation of the district will be made to Council prior to
those public hearings.
Denial of all Protests:
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim to overrule and deny all protests as the protests are
made by owners of less than 1/2 of the assessable area of
property within the boundaries of the Assessment District.
The motion carried by the following roll call vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
S:=
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231
Adoption of Resolution Finding Project is Feasible:
It was moved by Councilman Buchheim and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 79-2-21-3, FINDING OF FEASIBILITY -
ASSESSMENT DISTRICT NO. 78-3 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY REQUIRE THAT
IMPROVEMENTS AND APPURTENANCES SUBSTANTIALLY AS SET
FORTH IN THE REPORT FILED PURSUANT TO THE "SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY
PROTEST ACT OF 1931", AND THAT THE PROJECT IS
FEASIBLE, AND THAT THE LANDS WILL BE ABLE TO CARRY
THE BURDEN OF THE PROPOSED ASSESSMENT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Adoption of Amended Boundary Map:
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-2-21-4, AMENDED BOUNDARY MAP -
ASSESSMENT DISTRICT NO. 78-3 - A RESOLUTION OF T
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING PROPOSED BOUNDARIES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. ASSESSMENT DISTRICT 78-2, CAMINO CAPISTRANO -
PROPOSED REMOVAL, RELOCATION OR RETENTION OF PALM TREES
(74) This public hearing was continued from the meeting of February 7,
1979, for the purpose of receiving public response and possible
solutions for preserving the six palm trees on the east side
of Camino Capistrano.
Written Communications:
Mayor Friess read a letter dated February 21, 1979, from
Carolyn Nash, President, San Juan Beautiful, Inc., recommending
that the palms either be relocated to another site within
the City or retained in place and incorporated into the
landscaping plans for the assessment district.
Public Hearing:
Notice of continuation having been given, Mayor Friess
opened the Public Hearing and, there being no response,
declared the Hearing closed.
The Director of Public Works advised that staff is continuing
efforts to relocate the palm trees.
Councilmen Hausdorfer and Buchheim noted that it may be preferable
to leave the trees in place since the loss of five parking places
would not have a significant effect on the improvement district.
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232
3
There was a consensus of Council that the matter be left to
the discretion of the Director of Public Works, with a report
to be made to Council prior to a final decision being made.
TENTATIVE PARCEL MAP 852 - AUTO DEALERSHIPS/
(85) Proposal:
A division of approximately 23.2 acres of land into three
parcels with a minimum lot size of 6.03 acres for property
located adjacent to Interstate 5 between San Juan Creek and
the Ortega Highway and within the area of the Ortega Planned
Community. The parcel contains the prospective sites for
auto dealerships within Planning Section B.
Applicant:
Landmark Investments, 150 South Robles Avenue, Suite 740,
Pasadena 91101.
Written Communications:
(1) Report dated February 21, 1979, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning
Commission on February 13, 1979.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no response,
closed the Hearing.
Approval of Tentative Map:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdor£er that the following Resolution be adopted:
RESOLUTION NO. 79-2-21-5, TENTATIVE PARCEL MAP 852
(SWEENEY/KING) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 852,
A SUBDIVISION OF 23.2+ ACRES INTO THREE (3) PARCELS
LOCATED ADJACENT TO THE EAST SIDE OF INTERSTATE 5
BETWEEN SAN JUAN CREEK AND ORTEGA HIGHWAY
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution approves the land division subject to the
following conditions:
(1) The applicant shall enter into an agreement which
waives opposition to formation of Assessment District
78-3.
(2) All development plans shall be designed in accordance
with the approved area plan for Planning Sector B of
Comprehensive Development Plan 78-1 (Ortega Planned
Communities) .
(3) Approval of Tentative Parcel Map 852 shall not be
construed as approval of any specific land use for
the subject parcel.
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231L
(4) Further subdivision of the subject parcel shall not
be approved until the area plan for Planning Sector B,
Comprehensive Development Plan 78-1 is approved.
In response to Councilman Thorpe, Mr. Tomlinson advised that
the area plans are scheduled for Planning Commission review
on March 27th and that precise building plans are submitted
for Planning Commission approval. Mr. Thorpe requested that
Council be kept advised of the general process on this project.
4. ANNUAL SWALLOWS DAY PARADE, MARCH 24, 1979
(SAN JUAN CAPISTRANO FIESTA ASSOCIATION)
(61) Proposal:
A request for a parade permit for the annual Fiesta de las
Golondrinas Parade scheduled for March 24, 1979, at 1:00 P.M.
and approval of related street closures.
Applicant:
San Juan Capistrano Fiesta Association, P. O. Box 532, San
Juan Capistrano, Richard Dickey, President.
Written Communications:
(1) Report dated February 21, 1979, from the Director
of Public Works.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Hearing open, and the following persons responded:
(1) Dick Dickey, representing the Board of Directors
and Members of the Fiesta Association, requested
that Council proclaim the week of March 19-25 as
the Annual Fiesta de las Golondrinas, that the street
closures be approved, and that the parade permit fee
be waived.
There being no further response, the Public Hearing was
closed.
Approval of Event:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the request
for a Parade Permit and to approve the closure of the following
streets between the hours of 12:30 P.M., and 3:00 P.M., on
Saturday, March 24, 1979:
Camino Capistrano between La Golondrina and La Zanja;
Del Obispo Street between Ortega Highway and Camino
Capistrano.
Waiver of Permit Fees:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to waive the requirement for
payment of permit fees, as requested by the Fiesta Association.
Mayor Friess requested that a Proclamation be prepared for
Council consideration at the meeting of March 7th.
5. APPEAL OF CONDITIONS OF APPROVAL. ARCHITECTURAL
(68) Proposal:
An appeal of Planning Commission Resolution No. 79-1-9-7
conditions of approval 10, 11 and 14 relating to public
improvements along Del Obispo Street and condition 21 relating
to the relocation of the Drive -In sign.
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Applicant:
Home Federal Savings and Loan Association, P. O. Box 2070,
San Diego 92112.
Written Communications:
(1) Report dated February 21, 1979, from the Director
of Community Planning and Development;
(2) Memorandum dated February 21, 1979, from George Alvarez,
Traffic Engineer.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons
responded:
(1) Thomas O. Fincher, Architect and Design Manager for
Home Federal, stated that the Association is willing
to bear a cost of $4,000 for relocation of the Drive -In
sign; they are willing to provide access to Del Obispo
and to contribute to obtaining access and relocation
of the sign and are willing to undertake construction
of a landscaped median strip in Del Obispo. Mr. Fincher
also advised that the development plans have been changed
and that the project now meets all parking requirements.
Council discussed possible additional conditions for future
reimbursement agreements, possible condemnation proceedings,
and communications with the property owners and the operator
of the Drive -In. It was then moved by Councilman Thorpe and
seconded by Councilman Buchheim to uphold the decision of the
Planning Commission; with the concurrence of the second the
motion was subsequently withdrawn.
Continuation to March 7th:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried that consideration of
this item be continued to the meeting of March 7, 1979.
During the interim, staff is to provide a map indicating
the project in question, location of future developments and
the Drive -In sign. The applicant is requested to communicate
with the property owner and theatre operator. Mayor Friess
requested receipt of copies of such letters.
RESIDENTIAL ALLOCATION SCHEDULE -
1979, 1980, 1981 AND 1982
(28) Proposal:
Adoption of the Residential Allocation Schedule for the years
1979-82, pursuant to Ordinance No. 314, residential growth
management. The Schedule sets forth the specific tract
allocations for issuance of building permits.
Written Communications:
(1) Report dated February 21, 1979, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning Commission
on January 23, 1979.
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.
Adoption of Residential Allocation Schedule:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
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X35
RESOLUTION NO. 79-2-21-6, RESIDENTIAL ALLOCATION
SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A
RESIDENTIAL ALLOCATION SCHEDULE FOR THE YEARS 1979,
1980, 1981 AND 1982 IN ACCORDANCE WITH SECTIONS 5
AND 6 OF ORDINANCE NO. 314
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: Councilman Buchheim
ABSENT: None
Councilman Buchheim noted that his opposition to the allocation
of 250 units in 1981 and advised that he would request an
increase in those allocations.
RESOLUTIONS
1. ESTABLISHING OFFICIAL POSTING PLACES FOR PUBLIC NOTICES
(31) Proposal:
Approval of a resolution designating the City Hall, San Juan
Hot Springs Dance Hall, and County Library branch as the
designated places for posting official documents and notices
and repeal of Resolution No. 76-12-15-10, which designated
the City Hall, Post Office and Library.
Written Communications:
(1) Report dated February 21, 1979, from the City Clerk
frowarding correspondence from Postmaster Derroll
Peterson stating that public bulletin boards will no
longer be allowed in the Post Office lobbies.
Adoption of Resolution:
It was moved by Councilman Schwartze and seconded by Councilman
Thorpe that the following Resolution be adopted:
ION NO. 79-2-21-7. DESI
FOR
YVbT1NU Ur- Urr'll:11-1L UUUUMV11VTA - A i(r;b ULUTIUN UrTris
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO?
CALIFORNIA, DESIGNATING THE LOCATIONS FOR THE POSTING
OF OFFICIAL DOCUMENTS AND RESCINDING RESOLUTION
NO. 76-12-15-10
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Councilman Thorpe requested that copies of the correspondence
be forwarded to the local congressional representative and
to the U.S. Postal Service.
Posting of Public Hearing Notices on Properties:
Councilman Schwartze requested that this item be scheduled for
the Agenda of March 21, 1979.
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236
2. OPPOSITION TO METROPOLITAN PLAN FOR
BUSING OF PUBLIC SCHOOL STUDENTS
(78) Proposal:
Consideration of a resolution in opposition to involuntary
inter -school district busing, as proposed by the "Metropolitan
Plan" and submitted in response to the February 7th request
of Council.
Written Communications:
(1) Report dated February 21, 1979, from the City Clerk
forwarding a Resolution for Council consideration.
Adoption of Resolution:
It was moved by Councilman Buchheim and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 79-2-21-8, OPPOSITION TO METROPOLITAN
PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CITING ITS STRONG
OPPOSITION TO THE "METROPOLITAN PLAN" RELATING TO
INVOLUNTARY INTER -DISTRICT BUSING OF SCHOOL CHILDREN
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution further supports a State constitutional amendment
prohibiting such busing of students.
BIDS, CONTRACTS, AGREEMENTS
1. INTENT TO RENEW ANIMAL CONTROL SERVICES
(COUNTY OF ORANGE)
(57) Written Communications:
(38) (1) Report dated February 21, 1979, from Loretta Murray,
Administrative Assistant advising that the existing
agreement for County animal control services requires
notification of intent to renew at least 120 days prior
to the June 30th expiration date.
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to direct staff to inform the
County Board of Supervisors that the City wishes to renew the
agreement for an additional one-year period of time.
The City Manager advised that amendments to the ordinance may
be requested to stipulate responsibilities for determining
enforcement.
CONSENT CALENDAR
It was moved by Councilman Schwartze 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
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234'
1. APPROVAL OF WARRANTS
(41) The List of Demands dated February 21, 1979, Warrants Nos.
16004 through 16110, inclusive, in the total amount of
$198,387.89, is approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF JANUARY 31, 1979
(41) The City Treasurer's Report of Investments as of January 31,
1979, is approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF JANUARY 31, 1979
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of January 31, 1979, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF DECEMBER 31, 1978
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the six-month period ending December 31, 1979, is approved
as submitted.
5. REPORT OF EQUESTRIAN COMMISSION/PARKS AND RECREATION
COMMISSION JOINT ACTIONS OF FEBRUARY 5, 1979
(23) The Report of Actions taken by the Equestrian Commission and
the Parks and Recreation Commission at the joint meeting of
February 5, 1979, is ordered received and filed.
6. REPORT OF PLANNING COMMISSION MEETINGS OF
JANUARY 30, 1979 AND FEBRUARY 13, 1979
(67) The Report of Actions taken by the Planning Commission at
the meetings of January 30, and February 13, 1979, is ordered
received and filed.
7. ACCEPTANCE OF STORM DRAIN
1502
(73) The Easement Deed for Storm Drain purposes is accepted from
Mark Ebanks in connection with the proposed development of
property located on the northeast corner of Camino Capistrano
at Via Serra, and the City Clerk is authorized to record the
Deed.
8. ACCEPTANCE OF EASEMENTS FOR LANDSCAPE MAINTENANCE DISTRICTS,
TRACTS 7673, 9382, 8485, 9284 AND 9373 (KING, MAURER, PATRICK)
(73) The Easement Deeds permitting access to the Landscape Maintenance
Districts within the subject tracts are accepted, and the City
Clerk is authorized to record the Deeds.
9. QUITCLAIM AND ACCEPTANCE OF IRREVOCABLE OFFERS OF DEDICATION
FOR ROAD PURPOSES, TRACT 9682, LOTS 5 AND 6
(73) The Mayor and City Clerk are authorized to execute the
Quitclaim of Irrevocable Offer of Dedication of a 50 -foot
portion of Tract 9682 to Robert Cook, owner of Lot 5, and
Justin H. Ekuan, owner of Lot 6; the 20 -foot -wide Irrevocable
Offers of Dedication for road purposes over Lots 5 and 6
are accepted from the property owners, and the City Clerk
is authorized to record both the quitclaims and the replacement
Offers of Dedication.
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238
10. APPROVAL OF FINAL PARCEL MAP 852 (SWEENEY/KING)
(85) Final Parcel Map 852 is approved with the determination that
the Map is consistent with the General Plan and in substantial
compliance with the approved Tentative Map. The Map is in
conformance with the Subdivision Map Act, all fees have been
paid, and all conditions of approval met.
11. REIMBURSEMENT AGREEMENT, TRACT 6381 (FREDRICKS DEVELOPMENT)
(85) The Reimbursement Agreement between the City and Fredricks
(38) Development Corporation in connection with improvements to
Highland Drive, an offsite access road through Tract 10103
(Daon), is approved and the Mayor and City Clerk are authorized
to execute the Agreement on behalf of the City. The
Fredricks Corporation will complete the pavement structure
and the final inch of paving with reimbursement of expenses
to be a condition of future approval of Tract 10103 at such
time as it is developed.
12. PHOTOGRAPHIC POLICY FOR DEMOLITION OF SIGNIFICANT STRUCTURES
(23) The following policy is approved, as recommended by the Cultural
(69) Heritage Commission:
Issuance of Demolition Permit for Sianificant Structures.
Prior to issuance of any permit for the demolition of
a significant structure, the owner shall be required
to provide a photographic record of such structure.
Photographs shall include but not be limited to (1) each
elevation; (2) close-ups of any unusual architectural
features; (3) views of the structure from a distance.
In addition, measured drawings may be required.
REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF FEBRUARY 6, 1979
(23) At the request of Council, this item was removed from the
Consent Calendar for discussion of Item 6, which relates
the Commission concerns with regard to the request of
Forrest Dunivin to place two trailers on the vacant
lot between the Montanez and Rios Adobes. Council
requested that this item be placed on the March 7th
Agenda if staff determines that further discussion is
necessary.
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to receive and file the
remainder of the report as submitted.
STATUS OF CONSTRUCTION ADJACENT TO SUNHOLLOW, TRACT 7673
(85) Following clarification of possible costs to the City for
repair of damaged electrical facilities, it was moved by
Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to approve the report dated February 21,
1979, from the Director of Public Works, as submitted.
RELEASE OF FAITHFUL PERFORMANCE BOND, TRACT 7387,
VILLAGE SAN JUAN (ZELLNER COMMUNITIES)
(38) At the request of Mayor Friess, the Report dated February 21,
from the Director of Public Works was removed from the Consent
Calendar for discussion.
Mayor Friess noted the following landscaping inadequacies:
the sprinkler system at the north side of the Village
entrance; drainage; trees at both sides of the entrance.
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239
Mayor Friess also advised that the original plans for
Village Road at Trabuco show a landscaped median strip.
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to authorize staff to release
the following bond for public improvements:
Faithful Performance Bond No. 002667, Covenant
Mutual Insurance Company.
Further, staff is directed to follow up on the comments
made with regard to landscaping.
ADMINISTRATIVE ITEMS
CITY CLERK
1. CITY COUNCIL RE -ORGANIZATION - DATE CHANGE
FOR ELECTION OF MAYOR AND MAYOR PRO TEMPORE
(32) Proposal:
Scheduling of off -election year Council re -organizations
during the month of April, due to recent legislation which
changes municipal elections from March to April of even -
numbered years.
Written Communications:
(1) Report dated February 21, 1979, from the City Clerk.
Approval of Date Change:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the scheduling
of the City Council election of Mayor and Mayor pro tempore
for the meeting of April 4, 1979.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT - MEREDITH CANYON LANDSCAPING
TRACTS 8087 AND 8319
(85) With the concurrence of Council, Mayor Friess directed that
the report dated February 21, 1979, from the Director of
Community Planning and Development, setting forth the current
status of the Meredith Canyon landscaping repairs be received
and filed.
2. USE OF COMMON AREAS, TRACT 7159
(RIO VISTA HOMEOWNER'S ASSOCIATION)
(85) Proposal:
(61) A request by the Rio Vista Homeowners Association that the
Association be permitted to sell their Lot C, a recreational
vehicle storage area, as a residential lot and that Lot D,
an alley lot, be conveyed to the City for maintenance
responsibilities.
Written Communications:
(1) Report dated February 21, 1979, from the Director
of Community Planning and Development forwarding
the letter dated December 11, 1978, from Pat Douglas,
Director -Secretary of the Association.
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried that the City reject the
conveyance of Lot D and that Lot C be retained as a recreational
vehicle storage area.
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240
Mayor Friess requested that a letter be sent to the Association
suggesting that consideration be given to rental of spaces
within the recreational vehicle area and that consideration
also be given to renting the area as a location for the Head
Start Program which is temporarily located on La Matanza
Street.
3. LOS RIOS AREA - STATUS REPORT
(23) Tom Tomlinson made a brief oral report on the current status
of the Los Rios Area and advised that the grant funds in the
amount of $180,000 have been approved by the County and
forwarded to HUD. Councilman Hausdorfer noted that it may
be preferable if development of the area is undertaken by
one party rather than individual property owners.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
REVISION TO TRAFFIC BAIL SCHEDULE, PARKING
(64) Proposal:
A recommendation by the Traffic and Transportation Commission
that the bail schedule for parking violations be increased
from $5.00 to $10.00.
Written Communications:
(1) Report dated February 21, 1979, from the Director
of Public Works forwarding the City's parking
regulations and the proposed bail schedule.
Approval of Amended Bail Schedule:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the increases
in the bail schedule as submitted.
Council directed that the Westport Villas Homeowners Association
be informed of the increases with a request that their residents
be notified.
2. ORTEGA HIGHWAY CONSTRUCTION - APPROVAL OF TRAFFIC
CHANNELIZATION
(44) Proposal:
Approval of detour routes for traffic utilizing the Ortega
Highway in conjunction with construction and widening by
Maurer Development Company. The State has requested that
certain work be performed on Saturday and Sunday, February 24
and 25 since construction will reduce the width to less than
required for two travel lanes. Traffic would be channeled
away from the Ortega Highway off -ramp of Interstate 5 and
onto Junipero Serra, San Juan Creek, and Ganado Roads. Staff
has suggested that a two Saturday schedule would conform to
City policy regarding construction work on Sundays.
Written Communications:
(1) Report dated February 21, 1979, from the Director
of Public Works.
Plans for the construction and detour routes were available.
Mr. Murphy introduced Jim Strobel, engineer, representing
Caltrans, to the Council.
Approval of Request:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to allow the State to proceed
as scheduled on the February 24-25, Saturday/Sunday schedule;
and, to accept the detour plan as amended by City staff.
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CULTURAL HERITAGE COMMISSION
1. REQUEST FOR AMENDMENT TO HCDA APPLICATION
(MONTANEZ ADOBE)
(23) Written Communications:
(38) (1) Report dated February 21, 1979, from Pamela Hallan,
Secretary to the Cultural Heritage Commission,
forwarding the recommendation made by the Commission
that an amendment to the City's Housing and Community
Development Act grant be requested to include the
sum of $15,000 previously earmarked by the County
for restoration of the Montanez Adobe, since the City
has agreed to assume the Adobe project.
Approval of Recommendation:
It was moved by Councilman Schwartze,
Hausdorfer and unanimously carried to
investigate an amendment to the City's
include funding for the restoration of
COUNCIL REMARKS
1. STATE FIREFIGHTING SERVICES
G�
seconded by Councilman
direct staff to
HCDA project to
the Montanez Adobe.
(42) Councilman Buchheim commented on the State of California's
announced intent to discontinue forestry firefighting
services within Orange County and the resulting cost
increases for State, County and local agencies.
Mr. Buchheim indicated he would report further on
this matter.
2. PUBLIC FACILITIES COMMITTEE
(23) Councilman Thorpe requested that a meeting of the Public
Facilities Committee be set for the purpose of preparing
a report on County plans for the new library branch and
to discuss County plans for an animal facility.
Mayor Friess requested that a letter be drafted to the
County Counsel urging release of the contract for the
local library branch.
3. JOINT POWERS CONCEPT FOR AIRPORT FACILITY
(88) Councilman Hausdorfer requested that this subject be
scheduled for discussion on a future Council Agenda.
4. HANDBOOK OF HILLSIDE REGULATIONS
(67) Councilman Hausdorfer requested that staff report on the
feasibility and costs of providing a handbook covering
local hillside regulations.
5. DRIVE-IN THEATRE PROGRAMMING
(32) Councilman Schwartze suggested that a letter be sent to
the Pacific Drive -In theatre operators regarding the
types of movies being shown.
EXECUTIVE SESSION
The Council recessed to Executive Session at 11:55 P.M., the City
Clerk being excused therefrom, and reconvened at 12:38 A.M.,
Thursday, February 22, 1979.
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7�
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:38 A.M., Thursday, February 22, 1979, to the next
regular meeting date of Wednesday, March 7, 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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