79-0404_CC_Minutes_Regular Meeting2'71
APRIL 4, 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 Father Paul Martin,
Old Mission Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
James F. Thorpe, Mayor pro tem
Lawrence F. Buchheim, Councilman
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: E. Phillip Hale, Assistant City Manager/Director
of Administrative Services; William D. Murphy, Director of Public
Works/City Engineer; Thomas G. Merrell, Director of Community
Planning and Development; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk.
MTNTTTES
Regular Meeting of March 21, 1979:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim
that the Minutes of the Regular Meeting of March 21, 1979, be
approved with the following correction to Page 5, 2nd paragraph,
2nd line: change the word "north" to "east." The motion carried
by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
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ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, 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
CITY COUNCIL RE -ORGANIZATION
(32) Election of Mayor (Kenneth E. Friess):
The City Clerk conducted the proceedings for the election of
Mayor for the one-year term ending April 15, 1980.
Councilman Schwartze nominated Kenneth E. Friess. There
being no further nominations, it was moved by Councilman
Buchheim, seconded by Councilman Hausdorfer and unanimously
carried that nominations be closed. It was moved by Councilman
Buchheim, seconded by Councilman Hausdorfer and unanimously
carried that Kenneth E. Friess be elected to continue in the
office of Mayor.
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Election of Mayor Pro Tempore (Gary L. Hausdorfer):
Mayor Friess assumed the chair and announced that nominations
were open for the office of Mayor pro tempore for the one-year
term ending April 15, 1980.
Councilman Schwartze nominated Gary L. Hausdorfer. There
being no further nominations, it was moved by Councilman
Buchheim, seconded by Councilman Thorpe and unanimously
carried that nominations be closed. It was moved by
Councilman Buchheim, seconded by Councilman Thorpe and
unanimously carried that Gary L. Hausdorfer be elected to
serve as Mayor pro tempore.
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - MISS SAN JUAN CAPISTRANO WEEK,
APRIL 15-21, 1979 (CHAMBER OF COMMERCE)
(71) Mayor Friess read in full the Proclamation of Miss San Juan
(29) Capistrano Week. The 10th annual contest, sponsored by the
Chamber of Commerce, will be held on April 21. Committee
Chairman Cheryl Ward expressed her appreciation for the City's
cooperation and support, and the nine contestants introduced
themselves to the Council and audience.
2. RESOLUTION OF COMMENDATION (LYNN SMITH
(36) Mayor Friess read in full the Resolution commending Lynn Smith,
retiring City Editor of the Capistrano Valley News. It was
moved by Councilman Hausdorfer, seconded by Councilman Thorpe
that the following Resolution be adopted:
RESOLUTION NO. 79-4-4-1, COMMENDING LYNN SMITH -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING LYNN
SMITH
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Mayor Friess presented the Resolution to Ms. Smith and
commended her service to the community in providing
conscientious coverage of local news events.
3. RESOLUTION OF COMMENDATION (CLARENCE
(36) Mayor Friess read in full the Resolution commending Clarence
Lobo for active participation in community affairs and for
significant contributions in promoting the welfare of native
American Indians.
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 79-4-4-2, COMMENDING CLARENCE LOBO -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING CLARENCE LOBO
The motion carried by the following vote:
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2'7�
AYES:
NOES:
ABSENT:
Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
None
None
4. SLIDE PRESENTATION - SOUTHEAST REGIONAL RECLAMATION
AUTHORITY FACILITIES
(79) Bill Becker, Administrative Aide and staff assistant for SERRA,
made an audio-visual slide presentation of the SERRA facilities
for the benefit of Council and the audience. Mayor Friess
expressed the Council's appreciation and advised that the
presentation is available for use by community groups.
William Bentley addressed the Council regarding offensive odors
in the area of the treatment plant. The Director of Public
Works acknowledged an odor problem in the area and advised
that other sources have caused problems, such as a series of
septic tanks and another treatment plant not under the juris-
diction of SERRA.
ORAL COMMUNICATIONS
1. DRAINAGE PROBLEMS, LOS CORRALES ESTATES (TRACT 9373
(85) Sharon Allen, 28352 Paseo Establo, addressed the Council
regarding drainage and erosion problems at their property
in the recently completed subdivision and requested assistance
in requiring that the developer totally or partially fund the
installation of a retaining wall to alleviate the problems.
Property owners plan to install a retaining wall in order to
utilize the property in the area of the sewer line.
The Director of Public Works advised that the project engineers
and the developer are on notice that problems exist and are
discussing the matter with staff. Mayor Friess advised that
the homeowners warranty program should cover such problems,
and requested that the Director of Public Works keep Mrs. Allen
informed of progress.
WRITTEN COMMUNICATIONS
1. REQUEST FOR WAIVER OF DEVELOPMENT FEES -
EL CAMINO FORD HAL GREENE CHEVROLET (ORTEGA PROPERTIES)
(93) Council received copies of a letter dated March 19, 1979, from
D. B. Sweeney, President of E1 Camino Ford, and Hal Greene,
President of Hal Greene Chevrolet, requesting that the City
Council waive the payment of all remaining development fees
and reduce or eliminate off-site improvement requirements in
connection with locating the auto dealerships in the City.
Councilman Thorpe noted that the City has already contributed
substantially to the Ortega Properties Assessment District and
has assisted with the project by expediting processing.
Mr. Thorpe also noted future impacts of the development
which will require widening of La Novia bridge and installation
of traffic signals, and will cause increased use of Ortega
Highway; further, the Citizens' Policy Plan states that citizens
do not necessarily desire regional businesses in the City; the
only basis for consideration of waiving fees is in exchange for
such things as land dedication. Councilman Schwartze stated
he could consider waiving such fees, but concurs in the statement
that the City has already contributed substantially to the projects
through participation in the assessment district.
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It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried that the City not consider
the request for waiver of development fees and reduction or
elimination of off-site requirements submitted by D. B. Sweeney
and Hal Greene.
REPORT ON LAND USE VIOLATIONS - TRABUCO CREEK
(39) This item was taken out of order on the Agenda for the benefit
of interested persons in the audience.
Written Communications:
Report dated April 4, 1979, from the Director of Community
Planning and Development, regarding land use violations along
Trabuco Creek between Oso Road and Mission Street and outlining
compliance procedures, which include mailing a Notice of
Violation with 14 days for compliance, staff field survey
at the end of that time, and, if a violation still exists,
immediate referral to the City Attorney for legal action.
Four parcels in the area are listed as being in violation, and
a Notice of Violation has been sent to Rocky Aguillar, operator
of Rocky's Capistrano Corral. Two of the properties listed
are allowing recreational vehicle storage and do not support
equestrian use; the fourth property is owned and operated by
Ron Hanson, Sycamore Trails.
Although not a public hearing, Mayor Friess asked for comments
from the audience, and the following persons addressed the
Council:
1. Ron Hanson, 33362 Via de Agua, owner/operator of Sycamore
Trails Stables, read a letter addressed to the Council
questioning City inspection procedures.
2. Rocky Aguillar, operator of Rocky's Capistrano Corral,
stated that it would be impossible to comply with the
14 -day notice period and suggested that 90 days would
be more reasonable. Mr. Aguillar also questioned the
notice procedure.
3. Ilse Byrnes, Chairman of the Equestrian Commission,
advised that a stable review had been done by a
subcommittee of the Commission, with interviews of
individual operators scheduled. The first discussion
was held on March 24th with Mr. Aguillar and resulted
in a cooperative exchange of problems to be dealt with.
Mrs. Byrnes noted that there should be more open
communication between persons concerned with stable
operations.
Discussion:
Mayor Friess advised that the City operates on a basis of
responding to complaints, although lack of enforcement of
land use violations has recently caused concern. Councilman
Thorpe noted that the stable operators have a responsibility
to abide by City regulations in order to maintain the
equestrian lifestyle; if these laws and regulations are not
reasonable, they should be brought to the attention of the
Equestrian Commission. Mayor Friess noted that the stables
provide a needed service for children and are an asset to
the community and requested cooperation from the operators.
Mr. Aguillar advised that he would be living on the premises
and also retains two watchmen; the inoperative vehicles and
stored recreational vehicles will be removed within 90 days.
Referral to Equestrian Commission:
With the concurrence of Council, Mayor Friess set a time limit
of 90 days for the two stable operators to comply with the
violations noted and requested that the Equestrian Commission
review those violations at the end of the time period and
report to Council prior to any further land use inspections.
The two properties supporting non -equestrian use are also
given 90 days for compliance, with follow-up referred to the
Land Use Inspector.
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PUBLIC HEARINGS
1. APPEAL OF CONDITIONS OF APPROVAL, ARCHITECTURAL
CONTROL 78-9 - HOME FEDERAL SAVINGS AND LOAN (CONTINUATION)
(68) Written Communications:
The report dated February 21, 1979, from the Director of
Community Planning and Development was resubmitted due to
the Public Hearing continuances. Councilman Thorpe commented
that a recent Supreme Court decision had affirmed the
authority of cities to control signs. Mayor Friess suggested
that the developers of the Ralph's Market adjacent to the
Drive -In be contacted to ascertain whether they have an
objection to the proposed sign relocation.
Public Hearing:
Notice of continuation having been given as required, Mayor
Friess opened the Public Hearing, and the following persons
responded:
(1) Thomas Fincher, staff architect, Home Federal Savings
and Loan, advised the Council of the status of
negotiations between Home Federal, the property
owner, and Pacific Drive -In Theatres. A tentative
agreement has been reached for relocation of the
existing marquee sign and installation of a free-
standing directional sign, both of which will require
City approval of variance applications. Home Federal
will also request curb access from Del Obispo Street
and would provide a landscaped median to prevent left
turn entry. Mr. Fincher requested a continuance of
the matter to the meeting of May 16 for review of the
proposal by the Planning and Traffic and Transportation
Commissions.
Mayor Friess requested that Council be provided with information
on the sign abatement processes and time frames for the meeting
of April 18. Councilman Schwartze suggested that the current
abatement status be checked.
There was a consensus of Council that the Public Hearing be
continued to the meeting of May 16, 1979, as requested by the
appellant.
RESOLUTIONS
1. DENIAL OF TENTATIVE TRACT 10134 (DIFFLEY)
(85) Written Communications:
Report dated April 4, 1979, from the City Clerk forwarding
a proposed Resolution formalizing the March 21 action of
the City Council in denying Tentative Tract 10134 without
prejudice.
Affirmation of Denial:
It was moved by Councilman Thorpe and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-4-4-3, TENTATIVE TRACT 10134
(DIFFLEY) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING
WITHOUT PREJUDICE TENTATIVE TRACT 10134 (DIFFLEY)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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276 . '
2. INVESTMENT OF FUNDS AND BANK ACCOUNT SIGNATURES
(41) Written Communications:
Report dated April 4, 1979, from the City Clerk forwarding
two Resolutions for Council consideration, due to the
Council re -organization.
Investment of City Funds:
It was moved by Councilman Hausdorfer and seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 79-4-4-4, INVESTMENT OF CITY FUNDS -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY
TREASURER AUTHORITY TO INVEST OR REINVEST FUNDS OF
THE CITY, AND REPEALING RESOLUTION NO. 78-6-7-2
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution delegates the authority to invest funds to
the City Treasurer and requires the following signatures
on such investments or reinvestments:
Kenneth E. Friess, Mayor; or
Gary L. Hausdorfer, Mayor pro tempore; and
John C. Gibson, City Treasurer; or
Mary Ann Hanover, Deputy City Treasurer.
City Bank Accounts - Authorized Signatures:
It was moved by Councilman Buchheim and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 79-4-4-5, CITY BANK ACCOUNTS -
60c"k 4ut"14514M
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING DEPOSIT ACCOUNTS WITH THE SAN JUAN
CAPISTRANO BRANCHES OF BANK OF AMERICA, CALIFORNIA
FIRST BANK, CAPISTRANO NATIONAL BANK, SECURITY PACIFIC
NATIONAL BANK, HOME FEDERAL SAVINGS AND LOAN, BRENTWOOD
SAVINGS AND LOAN, AND GIBRALTAR SAVINGS AND LOAN, AND
AUTHORIZING SIGNATURES THEREFOR, AND REPEALING
RESOLUTION NO. 78-6-7-3
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution authorizes the following signatures on checks
drawn on City accounts:
Kenneth E. Friess, Mayor; or
Gary L. Hausdorfer, Mayor pro tempore; and
John C. Gibson, City Treasurer; or
Mary Ann Hanover, Deputy City Treasurer.
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2'7'7
CAMINO CAPISTRANO BRIDGE - REQUEST FOR FAU FUND PARTICIPATION
(44) Written Communications:
(74) Report dated April 4, 1979, from the Director of Public
Works forwarding a proposed Resolution approving the allocation
of local matching funds for the improvement of Camino
Capistrano from San Juan Creek Road to Avenida Padre.
The project includes the replacement of the Camino Capistrano
Bridge, widening of Camino Capistrano to four travel lanes
and installation of traffic signals at San Juan Creek Road.
The total project cost is $1,600,000, with local matching
funds of $224,000, and includes $33,000 in City funds for the
first phase engineering design, permits and preparation of
specifications within the 1979-82 Program.
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-4-4-6, FEDERAL AID URBAN PROGRAM -
CAMINO CAPISTRANO (SAN JUAN CREEK ROAD TO AVENIDA
rlfturcn - ri, AZDU1JU'1'1U1V Ur '1'nr. U-LTI UUULV\.1L Ur- '1'nr
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING
THE DEVELOPMENT OF CAMINO CAPISTRANO WITHIN THE ORANGE
COUNTY FEDERAL AID URBAN PROGRAM
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
4. "NO PARKING" ZONES - ORTEGA HIGHWAY BETWEEN
GANADO ROAD AND WINDSONG DRIVE
(64) Written Communications:
(44) Report dated April 4, 1979, from George Alvarez, Secretary
to the Traffic and Transportation Commission, forwarding
the recommendation made by the Commission on March 29 that
parking be prohibited on Ortega Highway between Ganado Road
and Windsong Drive and that Caltrans be requested to post
the appropriate signs.
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-4-4-7, PARKING REGULATIONS -
ORTEGA HIGHWAY - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING" AREAS ON BOTH SIDES OF
ORTEGA HIGHWAY FROM GANADO DRIVE TO WINDSONG DRIVE
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Councilman Schwartze commended
in coordinating the work during
Highway.
the City staff for their efforts
construction on the Ortega
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5. SELECTION OF MOVIES - PACIFIC DRIVE-IN THEATRE
(32) Written Communications:
Report dated April 4, 1979, from Loretta Murray, Administrative
Assistant, forwarding a proposed Resolution as requested by
Council. Mayor Friess requested that the following be added
to the last sentence of the Resolution: ". . . and specifically
in our community of San Juan Capistrano."
It was moved by Councilman Thorpe and seconded by Councilman
Buchheim that the following Resolution be adopted:
ON NO. 79 -4 -4 -
PACIFIC THEATRES
MUVlr;b - H AhbULUTIUN Uk Thh UITY UUUNC;IL Uk'
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
URGING PACIFIC THEATRES TO USE DISCRETION AND
CARE IN CHOOSING MOVIES TO PLAY AT THEATRES IN
PRIMARILY FAMILY-ORIENTED, TOURIST COMMUNITIES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Staff is directed to draft a letter to Pacific Drive -In
Theatres regarding the Council action and additionally
requesting that the movie "Boulevard Nights" not be shown
at the Mission Drive -In.
Mayor Friess requested that the conditions of the Drive -In
Land Use Permit be identified.
6. RESOLUTION OF EXPRESS FINDINGS - NATIONAL ELECTRICAL
CODE, 1978 EDITION
(25) Written Communications:
Report dated April 4, 1979, from the Director of Public
Works forwarding a proposed Resolution setting forth findings
justifying local amendments to the 1978 edition of the National
Electrical Code, as adopted by Council.
It was moved by Councilman Thorpe and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-4-4-9, SETTING FORTH LOCAL CONDITIONS
JUSTIFYING AMENDMENTS TO NATIONAL ELECTRICAL CODE,
1978 EDITION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING FORTH
LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE NATIONAL
ELECTRICAL CODE, 1978 EDITION
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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2'79
The City Clerk is directed to file the Resolution with the
State Department of Housing and Community Development in
compliance with the State Housing Law.
BIDS, CONTRACTS, AGREEMENTS
1. VILLAGE SAN JUAN DRAINAGE IMPROVEMENTS - APPROVAL
OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS
(80) Written Communications:
(85) Report dated April 4, 1979, from the Director of Public
Works regarding installation of a storm drain to service
the area behind properties fronting Briarwood Lane across
from Edgewood Court within the Village San Juan Development.
The estimated cost of the project is $8,300.
Approval of Drainage Improvements:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the plans and
specifications for the Village San Juan drainage improvements
and to authorize staff to advertise for bids; funding in the
amount of $8,300 is authorized from the General Fund.
ARTERIAL HIGHWAY FINANCING PROGRAM NOS. 940 AND 984 -
(44) Written Communications:
Report dated April 4, 1979, from the Director of Public
Works forwarding a proposed Project Administration Agreement
between the City and the County of Orange for the improvement
of Camino Capistrano from Del Obispo Street to Avenida
Padre in accordnace with the policies of the Arterial Highway
Financing Program. The estimated cost of the project is
$366,200, with financing as follows: County Gas Tax Funds,
$134,000; City Gas Tax and Drainage Fund, $134,000; additional
City funds of $98,200 for landscaping and frontage road
improvements.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the Project
Administration Agreement for the improvement of Camino
Capistrano between Del Obispo Street and Avenida Padre,
AHFP Nos. 940 and 984, and to authorize the Mayor and
City Clerk to execute the Agreement on behalf of the City.
3. ARTERIAL HIGHWAY FINANCING PROGRAM NO. 883 -
IMPROVEMENT OF DEL OBISPO STREET AT AGUACATE ROAD
(44) Written Communications:
Report dated April 4, 1979, from the Director of Public
Works forwarding a proposed Resolution requesting additional
County funding and a proposed Project Administration
Agreement between the City and the County of Orange for
the improvement of Del Obispo Street at Aguacate Road in
accordance with the policies of the Arterial Highway Financing
Program. The estimated cost of the project is $297,000,
with financing as follows: County Gas Tax Fund, $109,000;
City Gas Tax Funds, $109,000; additional City and private
funds of $79,100.
Adoption of Resolution:
It was moved by Councilman Schwartze and seconded by Councilman
Thorpe that the following Resolution be adopted:
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260
RESOLUTION NO. 79-4-4-1
FOR ALLOCATION OF
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY
OF ORANGE TO ALLOCATE ADDITIONAL FUNDS FOR THE
IMPROVEMENT OF DEL OBISPO STREET
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution requests an additional allocation of County
funds in the amount of $36,000, for a total allocation of
$109,000.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to approve the Project
Administration Agreement for the improvement of Del Obispo
Street at Aguacate Road, AHFP No. 883, 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 Buchheim
that the staff recommendation 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 April 4, 1979, Warrants Nos. 16329
through 16399, inclusive, in the total amended amount of
$258,549.88, is approved as submitted.
2. REPORT OF PLANNING COMMISSION MEETING OF
MARCH 27, 1979
(67) The Report of Actions taken by the Planning Commission at
the meeting of March 27, 1979, is ordered received and filed.
3. REPORT ON TREE REMOVAL APPLICATIONS
(74) The following determinations of the Tree Inspector are
confirmed:
(1) Lot 5, Tract 9682, Cook Lane/Calle Ricardo (Sterlin
Phillips):
Approved removal of 25 citrus trees for a single-
family residence; retention of 3 avocado trees;
applicant to submit a supplement to the grading plan
to avert damage to root systems.
(2) 31531 Camino Capistrano (Harrison Negley):
Approved removal of 1 oak, 2 peppers and a palm
for an approved commercial development.
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4. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF MARCH 26, 1979
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of March 26, 1979, is ordered received and filed.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
ACTIONS OF MARCH 1 AND 15, 1979
(23) Councilman Thorpe noted that the wording of Item No. 2 of
the March 15 actions states that the Commission voted to
". . . direct the Public Works Department to install. ."
and that the correct phraseology would be ". . . to
recommend that the Public Works Department install. ."
It was moved by Councilman Thrope, seconded by Councilman
Schwartze and unanimously carried to receive and file the
report.
RECESS AND RECONVENE
Council recessed at 9:20 P.M., and reconvened at 9:30 P.M.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT, MEREDITH CANYON LANDSCAPING (TRACTS 8087 AND 8319)
(85) There was a consensus of Council that the March 30 and April 4,
1979, status reports be received and filed.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. AGREEMENT WITH SANTA MARGARITA WATER DISTRICT TO PROVIDE
LOCAL SANITARY LINE CAPACITY - RANCHO MISSION VIEJO OFFICES
(38) Proposal:
(80) A request from the Santa Margarita Water District for a hook-up
to the City system to provide 6,000 gallons per day sewer
capacity for a new office building for Rancho Mission Viejo
Company to be located north of the Ortega Highway approximately
2,250 feet east of the City limits. The Agreement provides
for payment to the City of a non-refundable sewer connection
charge of $5,467 with semi-annual payments of $216, subject
to adjustments.
Written Communications:
Report dated April 4, 1979, from the Director of Public
Works forwarding copies of the proposed Agreement, which
provides a term of 5 years with one-year extensions and
termination by 90 -days written notice prior to the beginning
of each one-year period.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the Agreement
between the City and the Santa Margarita Water District as
presented and to authorize the Mayor and City Clerk to execute
the Agreement on behalf of the City.
2. AMENDMENT TO JOINT POWERS AGREEMENT FOR ASSET
DECRECIATION (SERRA)
(79) At the request of staff, this item was continued for consideration
at a later date.
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3. AGREEMENT FOR SLUDGE PROCESSING UNIT,
PROJECT COMMITTEE NO. 2 (SERRA/INTER-WASTE COMPANY)
(79) Written Communications:
Report dated April 4, 1979, from the Director of Public
Works advising that Inter -Waste Company has defaulted on
time requirements for execution of the agreement for use of
the sludge processing unit by SERRA. The Agreement provides
for payment of $5,500 per month to remove sludge from the
Treatment Plant; other sludge hauling contractors may provide
a less expensive means of sludge removal.
Denial of Agreement:
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried to direct the City's
representative to the SERRA Board of Directors to vote
against adoption of the Sludge Processing Unit and Hauling
Agreement.
4. STATUS REPORT - ASSESSMENT DISTRICT 78-2,
ARTERIAL HIGHWAY FINANCING PROGRAM (CAMINO CAPISTRANO IMPROVEMENTS)
(74) Written Communications:
(44) Report dated April 4, 1979, from the Director of Public Works
providing a schedule of meetings and actions for the Camino
Capistrano Improvements, which is divided into two segments,
as follows:
Arterial Highway Financing Program: construction of
storm drain facilities, widening to four travel lanes,
installation of curb and gutter on one side of the
frontage road median, and modifications to the traffic
signal at Del Obispo Street.
Assessment District No. 78-2; improvements to a
portion of the frontage road within public rights-of-way,
landscaping of the parkway between the frontage road and
Camino Capistrano, and landscaping of the median between
Avenida Golondrina and Del Obispo Street.
There was a consensus of the Council that the report be received
and filed.
5. INSTALLATION OF IRRIGATION SYSTEM, LOT E, TRACT 8786
(VILLAGE SAN JUAN)
(85) Proposal:
A request by the Village San Juan Homeowners Association for
assistance in rejuvenating an avocado grove owned by the
Association membership.
Written Communications:
Report dated April 4, 1979, from the Director of Public _
Works setting forth actions of the Village San Juan
Homeowners Association in preserving the avocado grove
on the commonly -owned Lot E of Tract 8786. The existing
irrigation system servicing a portion of the grove will
be placed underground; a new system will be installed to
service the remainder of the grove.
Charles Ward, President of the Association, addressed the
Council in support of the proposal and advised that residents
have commenced clearing of underbrush, pruning and conversion
of the existing irrigation system to underground to eliminate
maintenance problems.
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Mayor Friess noted that the developer could have been required
to install the system as a condition of approval, but at the
time the grove was thought to be outside of the City limits.
Councilman Hausdorfer noted that in the future such matters
should be directed to the Agriculture Preservation Committee
for recommendation to the Council.
Approval of Proposal:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to authorize a maximum
expenditure of $2,000 from the General Fund for the installation
of a new irrigation system to serve the avocado grove on
Lot E of Tract 8786.
TRAFFIC AND TRANSPORTATION COMMISSION
1. PETITION FOR TRAFFIC SIGNAL AT DEL OBISPO
STREET AND VIA BELARDES
(72) Written Communications:
(82) Report dated April 4, 1979, from George Alvarez, Commission
Secretary, forwarding the recommendation made by the Commission
on the petition received for installation of a traffic signal
at the intersection of Del Obispo Street and Via Belardes.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to deny the request for a
traffic signal or four-way stop at the intersection; the Public
Works Department is directed to install raised reflectorized
pavement markers at the Via Belardes crosswalk; the Sheriff's
Department is requested to use selective enforcement at the
intersection to enforce the Vehicle Code as it relates to
pedestrians.
ENVIRONMENTAL REVIEW BOARD
APPEAL OF ACTION ON GRADING PLAN FOR COMMERCIAL BUILDING
(CROSBY ENGINEERING/MOOREFIELD)
(23) Proposal:
An appeal of action taken by the Environmental Review Board
of February 13, 1979, in denying a request for preliminary
approval of a grading concept and release of a grading permit
to provide two large, level pad areas for a parcel of land
located north of Barwick Datsun on Camino Capistrano. The
Board determined that the request was premature and contrary
to existing policy since it was not being processed concurrently
with development applications for processing as a commercial/
industrial site plan.
Written Communications:
Report dated April 4, 1979, from the Director of Community
Planning and Development.
A concept plan was on display and Richard Seigle, Crosby
Engineering, addressed the Council in support of the appeal
and advised that release of a grading permit would provide
more flexibility in use of the property, street and drainage
improvements would be installed and bonding for landscaping
filed.
Denial of Appeal:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to deny the appeal and to
uphold the decision of the Environmental Review Board.
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ARCHITECTURAL BOARD OF REVIEW
1. AUTHORIZATION FOR STUDY OF ARCHITECTURAL DESIGN
STANDARDS FOR COMMERCIAL DEVELOPMENTS
(23) Proposal:
A request from the Architectural Board of Review for approval
of funding for photography services to illustrate the style
and quality of architectural design standards for use in
discussing proposed commercial projects with developers,
and to expedite future commercial development processing.
Written Communications:
Report dated April 4, 1979, from the City Manager.
Approval of Photography Services: -
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the Board's request
and to authorize the expenditure of not more than $1,000 from
the Systems Development Tax Fund.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. CITY EVACUATION PLAN
(89) Councilman Thorpe requested that a report on City evacuation
plans be scheduled for a Council Agenda during May. There
was a consensus of Council to concur in the request. Councilman
Hausdorfer suggested that due to the location of the San
Onofre nuclear facility, a regional plan may be more appropriate.
2. TRASH COLLECTION - HOURS OF SERVICE
(45) Councilman Thorpe suggested the Council reconsider policies
for hours of trash pick-up in residential areas since
collection is being done as early as 6:00 A.M. in some areas,
which is not in accordance with City noise regulations.
Residents are, of necessity, placing their trash at curbside
the night before collection.
3. HUMAN SERVICES
(32) Councilman Thorpe commented that a budget review may be in
order to ascertain the amounts of funds which may be available
at the end of the fiscal year for use on items which directly
affect people's lives.
4. LEAGUE OF CALIFORNIA CITIES
(61) Councilman Schwartze noted that the monthly meeting of the
Orange County Division of the League of California Cities has
been changed to April 19 and that appointments will be made
by the City Selection Committee.
5. REPORT ON CABLE TELEVISION SERVICES AND RATE INCREASE REQUEST
(43) In response to Councilman Schwartze, staff advised that the
report on cable television services and the request of TM
Communications for rate increases will be scheduled for the
Council meeting of May 16. TM Communications has offered to
use their billing procedures to notify residents within their
service area of the Hearing.
6. COUNCIL MEETING ATTENDANCE
(32) Council Members Schwartze and Hausdorfer advised that they
would be out of town and unable to attend the Council meeting
of April 18.
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7.
(46) Due to the anticipated absences of Council Members on April 18,
Mayor Friess requested that consideration of General Plan
Amendment 79-2B be re -scheduled for the meeting of May 2nd.
8. COMMENDATION - SERVICES OF SHERIFF'S DEPARTMENT DURING
FIESTA PARADE DAY
(36) Councilman Schwartze commended the members of the Sheriff's
Department for the quality of service provided to the City on
the day of the Swallows Parade.
9. JONES SAND AND GRAVEL OPERATION
(36) Mayor Friess noted that Jones Sand and Gravel has ceased
operations in the San Juan Creekbed and that the area was
not properly graded. Mr. Friess suggested that the permit
deposit be retained until the channel grading is corrected.
RECESS TO EXECUTIVE SESSION
Council recessed to Executive Session for discussion of a legal
matter at 10:50 P.M., the City Clerk being excused therefrom, and
reconvened at 11:15 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:15 P.M., to the next regular meeting date of
Wednesday, April 18, 1979,at 7:00 P.M., in the City Council
Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
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