79-0202_CC_Minutes_Regular Meeting299
MAY 2, 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
7:05 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 of Scotland Episcopal Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
James F. Thorpe, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works/City Engineer;
Thomas G. Merrell, Director of Community Planning and Development;
Larry Lawrence, Senior Planner; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of April 18, 1979:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe that the Minutes of the Regular Meeting of April 18, 1979,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Schwartze, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSTAIN: Councilman Hausdorfer
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:
hV"IV
NOES:
ABSENT:
Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
None
None
PRESENTATIONS AND COMMENDATIONS
1. ACCEPTANCE
REMMERS
(36) Written Communications:
Report dated May 2, 1979, from the City Manager, forwarding
a Resolution commending Les Remmers, who has submitted his
resignation as a member of the Cultural Heritage Commission
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effective April 12, 1979. Mayor Friess read the Resolution
in full, which cites Mr. Remmers' dedicated service to the
community.
Acceptance of Resignation:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to accept the resignation
submitted by Mr. Remmers.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 79-5-2-1, COMMENDING H. L. "LES"
REMMERS - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING
H. L. "LES" REMMERS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. PROCLAMATION - MUNICIPAL CLERKS' WEEK -
MAY 13 - 19, 1979
(71) With the concurrence of Council, Mayor Friess proclaimed
(31) the week of May 13 - 19, 1979, as Municipal Clerks'
Week in recognition of the services to their communities
performed by City Clerks.
Mayor Friess noted the award received by Ms. Hanover on
April 26, 1979, from the City Clerks' Association of California
for her participation in compiling a Handbook for Municipal
Filing Officers on the Political Reform Act.
ORAL COMMUNICATIONS
1. TRACT 9284 (KING)
(85) David Lang, 267 Avenida Adobe, San Clemente, advised that he
was present to answer any questions when the above -entitled
matter is discussed.
2. REQUEST FOR GENERAL PLAN AMENDMENT (FALKLAM)
(46) Harry Falklam, P. O. Box 904, addressed the Council to request
that the Report of Planning Commission Actions of April 24 be
removed from the Consent Calendar and that Council consider
his request for a General Plan Amendment for property located
off Del Obispo Street. Mr. Falklam presented his written
request to the City Clerk.
3. COMMISSION REPRESENTATION
(23) Sharon Neely, Chairman, Traffic and Transportation Commission,
advised that she was present to answer any questions with
regard to recommendations made by the Commission.
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 79-2B (GLENDALE FEDERAL
(46) Proposal:
Consideration of the Environmental Impact Report and General
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Plan Amendment which includes proposed changes in land use
designations and arterial highway circulation for 1265 acres
of land located east of the San Diego Freeway and south of
San Juan Creek Road.
Applicant:
Glendale Federal Savings and Loan, 401 North Brand Boulevard,
Glendale, California 91209.
written Communications:
(1) Report dated May 2, 1979, from the Director of Community
Planning and Development, forwarding the recommendation
of denial made by the Planning Commission on March 27,
and the recommendations of the Traffic and Transportation
Commission, Equestrian Commission, and Parks and
Recreation Commission. The Report also forwards the
staff recommendation of approval and summary;
(2) Letter dated April 16, 1979, from Dixie L. Sparks,
31831 Paseo Cielo, in opposition to the project;
(3) Letter dated May 1, 1979, from Teresa Heckscher,
President, Town Hall Association, in opposition to the
General Plan Amendment and requesting a reasonable
amount of time for citizens to evaluate and comment
prior to approval of any Amendment;
(4) Letter received May 2, 1979, from Richard L. Harmon,
27232-B Via Capote, President, Block VI, San Juan
Hills West, urging consideration of specific items
of concern and forwarding signatures of 49 residents;
(5) Letter received May 2, 1979, from John E. Martin,
27101-A Calle Caballero, Vice President of Association
#2, forwarding signatures of 28 residents.
Presentations:
Exhibits were on display, and the following staff members
made oral presentations for the benefit of Council and the
audience:
The City Manager gave a history of the negotiated settlement
stemming from the Claim filed in October, 1976, and the
subsequent lawsuit. The Director of Community Planning and
Development explained the study process between staff and
the developer which included an overlay of the physical and
environmental constraints as in an entire general plan
process. The Senior Planner described the exhibits depicting
existing and proposed General Plan designations, the development
and conservation master plan, and a relief model of the project
area. Mr. Lawrence advised that the City has the discretion
of requiring further environmental analyses at each stage of
review. The Director of Public Works described the public
facilities required. The Senior Planner then summarized the
development review process that would follow if the GPA is
approved and cited area plans, tentative maps, tentative
development plans, and issuance of building permits under a
phased schedule.
Public Hearing:
Mayor Friess requested that comment be categorized into:
(1) adequacy of the Environmental Impact Report; and,
(2) approval of the General Plan Amendment.
Notice having been given as required, Mayor Friess then declared
the Public Hearing open, and the following persons addressed
Council:
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(1) Ralph Martin of Richardson, Nagy, Martin of Newport
Beach, consultants to Glendale Federal on the land
plan and general plan amendment request, stated that
the basic concept relies on preservation of the ridgelines
with development concentrated in the valleys, and cited
the reduction in units and intensive geology study.
Mr. Martin read a letter addressed to the School
District and stated they would be more than willing
to respond to District concerns and other needs of
the community, stated they felt equestrian needs could
be accommodated on the ridgelines without residential
development; and with regard to the deletion of the
La Novia extension, cited the amount of cut that would
be required as set forth in studies prepared previously
for roads to the Prima Deschecha landfill. Mr. Martin
requested adoption of the amendment.
(2) Roberta Berns, 26921 Canyon Crest, representing Town
Hall Association, cited the letter received by Council
and read portions concerned with the EIR and GPA,
and noted their recommendation is for denial.
(3) Charles Medeiros, Director, Administrative Services,
Capistrano Unified School District, noted that the
District is concerned with density factors and facilities
problems, noted that no capital construction funding is
available and that the District requests that the
developer meet with the District.
(4) Sharon Allen, 28352 Paseo Establo, cited cuts into the
ridgeline and increased irrigation, drainage and grading
problems, and requested consideration of the amount and
extent of approved building in the area.
(5) Sharon Neely, representing the Traffic and Transportation
Commission, stated that the right-of-way should be
preserved from La Novia to Las Ramblas and that the
Commission supports the staff recommendation that a
final decision be made after joint City -County study.
(6) Doug Nash, 32906 Avenida Descanso, noted that the 700
acres of open space within the project are now on the
reverse side of the ridgeline rather than facing the
community on the valley side, that geology would not
become an issue since the settlement states that the
amount of earth to be moved shall not be a reason for
denial, and further noted impacts of traffic and
grading. Mr. Nash suggested that a 2- to 4 -week period
of time be allowed for community reaction to the project
and for exploration of the means of minimizing grading
and for discussion of the litigation.
(7) Keith Carlsgaard, 1852 Santa Rosa, E1 Centro, and _
31746 San Juan Creek Road, stated that proposed lots
are within their easement and that his driveway access
is not shown on Glendale Federal plans and noted that
future land cuts could produce problems with cesspool
drainage.
There being no further response, Mayor Friess declared the
Public Hearing closed with the right to re -open at any time.
Continuation of Public Hearing:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried that the Public Hearing
be re -opened and continued to the Council meeting of June 6,
1979, at 7:00 P.M., in the City Council Chamber.
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Council Discussion:
Council Members requested information on the following items
from staff prior to the June 6th hearing:
(1) Does the development require a site and a school?
(2) Use of San Juan Creek Road; density alternatives;
and equestrian uses.
(3) The result of discussion between developer and Capistrano
Unified School District on school needs.
(4) Why are there discrepancies in income amounts in studies?
(5) Include the Layton and Associates 1968 report in the
Environmental Impact Report.
(6) Why did the other project fail? economics or geology?
(7) Answers to all questions on the Environmental Impact
Report submitted by Town Hall.
(8) Comment on grading exceeding 2/1 slope regarding
Comprehensive Development Plan and Environmental
Impact Report.
(9) City sewer capacity will be reached at 25,000.
(10) No drainage mentioned in the Environmental Impact
Report nor fees.
(11) What is last level for adopting Senate Bill 201 fees?
(12) Traffic flows should be updated and include San Juan
Creek bridge.
(13) Impact of downtown development, Ortega Properties,
and The Ranch; need to look at incremental increases
on year-to-year basis.
(14) Expenses to the City from this development and services
to be provided to this and other approved projects.
(15) Updated sewer information.
(16) Staff perceptions as to what is too much grading per
settlement agreement.
Mayor Friess suggested that Council direct any further specific
questions to staff on items of concern.
La Novia Extension:
(44) Mayor Friess advised that the County had agreed today that
(46) pending confirmation by the Arterial Highway Financing Program
Advisory Committee, funds for the Camino Capistrano and Del
Obispo projects would be released with the understanding that
the La Novia route would remain on the General Plan Circulation
Element.
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to refer the La Novia
connection to the County for a joint City -County study with
a request that input be provided to the City by June 6, if
possible.
RECESS AND RECONVENE
Council recessed at 9:22 P.M., and reconvened at 9:45 P.M.
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Glendale Federal General Plan Amendment - Town Hall Open Forum
(46) Mayor Friess asked if the Town Hall Association could hold a
(61) public forum so that citizens may interact on a verbal level
with members of the City Council, Planning Commission and
staff and representatives of the developer and the School
District on the issues of the Glendale Federal Environmental
Impact Report and General Plan Amendment.
Mrs. Heckscher advised that the forum would be scheduled prior
to the June 6 Council meeting.
2. WITHDRAWAL OF APPEAL OF TREE INSPECTOR'S APPROVAL AT HOME
FEDERAL SAVINGS AND LOAN ASSOCIATION PROJECT, A.C. 78-9
(TOWN HALL)
(74) Written Communications:
Report dated May 2, 1979, from the Director of Community
Planning and Development advising that the appeal has been
withdrawn following an agreement with Home Federal for the
retention and replacement of certain trees on the subject
property.
Mr. Merrell advised that Home Federal had agreed as follows:
The palm tree is to remain, the portion of the pepper tree
that was removed will be replaced with a clumping of trees
approved by the Planning Department, and the eucalyptus that
was removed will be replaced with a 20" box tree.
Councilman Thorpe noted that once an appeal is scheduled for
Council action, Council should have an opportunity to comment.
Mr. Thorpe also noted his concern with different results from
field negotiations.
3. APPEAL OF
ON DECISION AND DENIAL OF
WTmvnTIM nDV TTMTr ' -
(39) Councilman Buchheim announced that due to a conflict of
interest he would not participate in discussion of this
item and stepped down from the dais. Councilman Schwartze
advised that some of the people involved in this item may
also be involved in the company with which he works.
Written Communications:
(1) Report dated May 2, 1979, from the Director of Community
Planning and Development advising that on March 13 the
Planning Commission had approved Conditional Use Permit
79-1, request to establish a 12 -unit residential complex
for the developmentally disabled on property located at
Camino Capistrano and Via Serra known as Assessor's
Parcel No. 675-083-01.
(2) Letter dated March 29, appealing the Planning Commission
approval and signed by six residents in the vicinity
of the project.
(3) Letter dated April 6, from Keith Fullenwider, President,
Capistrano Beach Community Association, P. O. Box 27,
Capistrano Beach, 92624, in opposition to the project.
(4) Letter dated April 12, from Dwayne Campbell, President,
Capistrano Beach Chamber of Commerce, P. O. Box 2355,
Capistrano Beach, 92624, in opposition to the project.
(5) Letter dated April 26, from Ronald Drummond, 26206 East
Via Serra, Capistrano Beach, in opposition to the project.
(6) Letter dated April 26, from Nancy Bradley, Manager, Client
Services Division, Regional Center of Orange, 500 South
Main Street, Orange 92668, commending the Ebanks'
operations.
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(7) Letter dated April 27, from John Carta-Falsa, Ph.D.,
Regional Center of Orange, in support of the project.
(8) Letter dated April 30, from Ruby Edman, Principal,
Esperanza School, 2512 Pradera Drive, Mission Viejo,
92675, in support of the permit.
(9) Letter received May 1, from Agnes Margerum, Licensing
Social Worker, County Human Services Agency, recommending
Mark and Lydia Ebanks.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open, and the following persons
responded in opposition to the project:
(1) Bud Campbell, President, Capistrano Beach Chamber of
Commerce, requested that the land be put to a better
use and requested that the Chamber be advised of projects
within their vicinity in the future.
(2) Doris Drummond, 26202 Via Serra, Capistrano Beach, noted
traffic concerns and stated if the project is approved,
it should be redesigned so that the main entrance is on
Camino Capistrano rather than Via Serra, noted that the
project will utilize County services, and questioned
whether an archeological study had been done and whether
the project would consist of condominiums.
(3) Robert Croper, Capistrano Beach, stated that the applicant
should be licensed before applying for the permit.
(4) Roxie Lucarelli, 26921 Camino de Estrella, Capistrano
Beach, stated that the project is not planned for the
best use of the property.
(5) Steve Myklik, 808 North E1 Camino Real, stated that a
request should be made to the County that Camino Capistrano
be widened and that the property should be put to a higher
and better use.
(6) Woman who stated she represents Mrs. Shed, 2622 Serra
Road, stated that the property could not accommodate
60 people.
The following persons responded in support of the project:
(1) Ken Brant, Social Worker, Orange County Human Services
Agency, advised that all residents of the home would be
in a sheltered workshop probably in the Mission Viejo
area during the day and that licensing is overseen by
the County and State.
(2) Phil Newell, 720 Camino del Mar, Del Mar, advised that
he is assisting the Ebanks with the project which includes
dwelling units consisting of three bedrooms each and
that very little traffic would be generated.
There being no further response, Mayor Friess declared the
Public Hearing closed.
Council Discussion:
Councilman Thorpe suggested that the Capistrano Beach Chamber
of Commerce be placed on the mailing lists for Council and
Planning Commission Agendas, noted that all parking access
is through the Via Serra cul-de-sac which would generate more
traffic than access at Camino Capistrano, that there should
be some efforts to preserve a significant parcel of open space,
with possibly keeping the project off Via Serra for preservation
of flora, and that the project should be redesigned with lower
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densities; the Planning staff should attempt to locate a
different property for this use. Councilman Hausdorfer stated
that surrounding land uses are incompatible with this project
and that he would support denial of the permit from a land
use concept. Councilman Schwartze stated that the location
is inappropriate for the proposed use and that the area should
be developed in an industrial mode. Mayor Friess noted that
the project must be viewed in terms of a residential facility
and Council must determine if a residential use is appropriate
on the property and, if so, can the property accommodate 72
residents.
Denial of Project Without Prejudice:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that Conditional Use Permit 79-1 be denied without _
prejudice, which would allow the applicant to re -apply for
approval. The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
4. APPEAL OF PLANNING COMMISSION DECISION, CONDITIONAL USE
PERMIT 79-2 (EL CAMINO FORD/SWEENEY)
(39) Written Communications:
(1) Report dated May 2, 1979, from the Director of Community
Planning and Development, reviewing conditions of approval
for Conditional Use Permit 79-2, appealed by Dave Sweeney,
535 North El Camino Real, San Clemente, in conjunction
with the proposed auto dealership within the Ortega
Planned Community.
(2) Letter dated May 1, from Carolyn Nash, Study Committee
Chairman, Town Hall Association, P. O. Box 842, forwarding
recommendations for changes and additions to the proposed
development of the two auto dealerships.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons responded:
(1) Carolyn Nash, representing Town Hall, cited the concerns
set forth in their letter of May 1.
(2) Dave Sweeney, President, E1 Camino Ford, stated their
appeal is of the number of cars allowed in the display
area and that there is a definite need for 20' high
intensity lighting.
There being no further response, Mayor Friess declared the
Hearing closed.
(95) Area Plan, Planning Sector B of Ortega Planned Community:
Report dated May 2, 1979, from the Director of Community
Planning and Development, providing background information
on Planning Commission review of area plans for Sector B,
which include the proposed auto dealerships.
Confirmation of Commission Action:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to confirm the action of the
Planning Commission in approving the area plans for Planning
Sector B, including the following elements:
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Conceptual Site Plan
Conceptual Landscape Plans
Architectural Theme
Conceptual Grading Plan
Approval of Conditional Use Permit 79-2 With Conditions:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the proposed lighting be approved, the
standards not to exceed 20' in height, pending approval of the
Architectural Board of Review. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze that not more than 9 cars shall be located in the
formal display area at any one time and that the following
Resolution be adopted incorporating the above conditions:
RESOLUTION NO. 79-5-2-2, CONDITIONAL USE PERMIT 79-2
AND A.C. 79-5 (SWEENEY) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING CONDITIONAL USE PERMIT 79-2
AND A.C. 79-5, A REQUEST TO ESTABLISH AN AUTO DEALERSHIP
AND ACCESSORY USES IN ACCORDANCE WITH THE COMPREHENSIVE
DEVELOPMENT PLAN OF THE ORTEGA PLANNED COMMUNITY
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
It was subsequently moved by Councilman Buchheim, seconded
by Councilman Hausdorfer that a condition be added to the
Resolution to require that the landscape plans be returned
for Council review and approval. The motion passed unanimously.
5. APPEAL OF PLANNING COMMISSION DECISION, CONDITIONAL USE
PERMIT 79-3 AND ARCHITECTURAL CONTROL 79-6 (HAL GREENE
(39) Written Communications:
(1) Report dated May 2, 1979, from the Director of Community
Planning and Development reviewing conditions of approval
of Conditional Use Permit 79-3 and the Architectural
Control application appealed by Hal Greene, 401 South
El Camino Real, San Clemente, in conjunction with the
proposed auto dealership within the Ortega Planned
Community.
(2) The letter referred to above from Town Hall Association
refers to both dealerships.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons responded:
(1) Hal Greene, applicant, spoke in support of the appeal.
(2) Dee Tyler, representing the Planning Commission, requested
that the Council reconsider its action with regard to
lighting.
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There being no further response, Mayor Friess closed the
Public Hearing.
f Conditional Use Permit 79-3 and Architectural
LVl1L rVl /7-0 P11Li1 I:VIlulLlOns:
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-5-2-3, CONDITIONAL USE PERMIT 79-3
AND A.C. 79-6 (GREEK -E-) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING CONDITIONAL USE PERMIT 79-3
AND A.C. 79-6, A REQUEST TO ESTABLISH AN AUTO DEALERSHIP
AND ACCESSORY USES IN ACCORDANCE WITH THE COMPREHENSIVE
DEVELOPMENT PLAN OF THE ORTEGA PLANNED COMMUNITY
The Resolution is amended to add conditions allowing 9 cars in
the display area and light standards not to exceed 20' feet in
height; further, the landscape plans are to be returned for
City Council review and approval.
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
6. TENTATIVE PARCEL MAP 853 (HOBBS)
(85) Proposal:
A request to divide a 3.9 -acre parcel into 4 lots of 1.746
acres, .817 acres, .864 acres, and .500 acres in the Small
Estate District, and a request for a reduction in minimum
street frontage from 90 feet to 12 feet for property located
at the present terminus of Avenida Evita.
Applicant:
Gary Hobbs, 31682 Avenida Evita, San Juan Capistrano.
Written Communications
(1) Report dated May 2, 1979, from the Director of Community
Planning and Development, forwarding the recommendation
of approval made by the Planning Commission at their
meeting of April 10.
(2) Letter dated May 2, 1979, from Harlan Rogers, P. 0.
Box 751, in opposition to the proposal.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened
the Public Hearing and the following persons responded:
(1) Gary Hobbs, applicant, spoke in support of his application
and stated he understood that if the conditions were not
met, the land division would be null and void; Mr. Hobbs
further affirmed that buyers will be aware that the
traffic circulation may change.
Approval of Tentative Parcel Map:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-5-2-4, TENTATIVE PARCEL MAP 853
(HOBBS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 853 (HOBBS)
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The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
7. TENTATIVE PARCEL MAP 854 (ALPHA BETA)
(85) Written Communications:
Report dated May 2, 1979, from the Director of Community
Planning and Development, forwarding a letter dated April 26,
from Philip D. Whitener, 2886 Blue Star, Anaheim 92806,
representing Alpha Beta, consenting to a continuance of the
Public Hearing on the Tentative Parcel Map, site plan and
variance request.
Continuance to May 16:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried that the Public Hearing be
continued to the Council meeting of May 16, 1979, at 7:00 P.M.,
in the City Council Chamber.
8. APPROVAL OF TENTATIVE TRACT 10283 (LANDOLF)
(85) Proposal:
Approval of a tentative tract map for a 40 -unit townhouse project
located on 4.2 acres of land at the southwest corner of Via
California and Camino Las Ramblas.
Applicant:
Thomas Landolf, P. O. Box 1154, Laguna Beach.
Written Communications:
(1) Report dated May 2, 1979, from the Director of Community
Planning and Development, forwarding the recommendation
of approval made by the Planning Commission on April 10,
1979.
(2) Note received April 25, from Kathleen Fahs, 604 Calle
Bienvenido, San Clemente, in opposition to the project.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened
the Public Hearing; and, there being no response, declared the
Hearing closed.
Approval of Tentative Tract 10283:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-5-2-5, TENTATIVE TRACT 10283
(LANDOLF) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE TRACT 10283 (LANDOLF)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Mr. Landolf advised that the landscaping of the project is to
be reviewed by staff and the Architectural Board of Review.
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ORDINANCES
1. ENFORCEMENT OF TRAFFIC REGULATIONS -
INTRODUCTION OF ORDINANCE NO. 383
(55) Proposal:
Approval of an ordinance authorizing designees of the City
Manager to enforce parking regulations and write citations.
The level of enforcement would be determined following staff
studies and recommendation from the Traffic and Transportation
Commission during the budgetary process.
Written Communications:
Report dated May 2, 1979, from the City Manager, forwarding
the proposed Ordinance.
Introduction of Ordinance No. 383:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Schwartze and seconded by Councilman Buchheim that the
following Ordinance be introduced:
ORDINANCE NO. 383, ENFORCEMENT OF TRAFFIC REGULATIONS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, IMPOSING A DUTY TO ENFORCE TRAFFIC
REGULATIONS AND PROVIDING FOR ENFORCEMENT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
RESOLUTIONS
1. SUPPORTING COUNTY ARTERIAL HIGHWAY FINANCING
PROGRAM REVIEW PROCESS
(44) Proposal:
Approval of procedures for implementing compatibility with
the County Master Plan of Arterial Highways and eligibility
for Arterial Highway Financing Program funds whereby cities
submit proposed Master Plan amendments to a conference of
city and county staff for initial determination of significance,
with conclusions presented to the AHFP Technical Staff and
Advisory Committee. If proposed amendments are found to be
significant, cooperative city -county transportation studies
would be made and recommendations forwarded to the Board of
Supervisors for final direction.
Written Communications:
Report dated May 2, 1979, from the City Manager, forwarding
a report dated April 24, from H. G. Osborne, Director of the
County Environmental Management Agency, and a proposed
resolution.
Endorsement of Eligibility Process:
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim to endorse the eligibility process adopted by the
County of Orange, to agree to study La Novia south of Las
Ramblas, and Horno Creek Road within The Ranch development
pursuant to the AHFP review process, and to adopt the following
Resolution for submission to the County Board of Supervisors:
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311
RESOLUTION NO. 79-5-2-6, SUPPORTING ARTERIAL HIGHWAY
FINANCING PROGRAM REVIEW PROCESS - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, EXPRESSING SUPPORT FOR THE COUNTY OF
ORANGE ELIGIBILITY REVIEW PROCESS FOR ARTERIAL HIGHWAY
FINANCING PROGRAM
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
2. ASSESSMENT DIS
Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
None
None
FROM DEL
(74) This item was rescheduled from the meeting of April 18,
pursuant to City Council direction.
Proposal:
Commencement of proceedings for the formation of Assessment
District 78-2, consisting of construction of concrete curb
and gutter on the east side of the parkway, asphalt paving
on the frontage road within the public rights-of-way,
landscaping of the parkway and landscaping of the median
between Del Obispo Street and Avenida Golondrina. The work
would be done in conjunction with the AHFP widening of Camino
Capistrano between Del Obispo Street and Avenida Padre.
Written Communications:
(1) Report dated April 18, 1979, from the Director of
Public Works.
(2) Letters dated April 5 and April 30, 1979, from
F. Mackenzie Brown, assessment attorney, forwarding
the necessary documentation.
(3) Letter dated April 24, 1979, from A.W. and Diane E.
Brown, 1207 Pembroke Lane, Newport Beach 92660, owners
of property at 32158 and 32302 Camino Capistrano, citing
the cost of the improvements and opposing the landscape
plan as presented.
(4) Letter dated April 25, 1979, from Donald M. Sutherland,
Del Sur Properties, Inc., 2850 Mesa Verde Drive, Costa
Mesa, in opposition to formation of the District due to
costs and funding, and letter dated April 30, from
the Director of Public Works responding to Mr. Sutherland's
concerns.
Boundaries of District and Extent of Improvements:
The staff presentation of the boundaries of the Assessment
District and the extent of improvements to be constructed
was made by the Director of Public Works.
District Superintendent of Streets:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the Director of Public Works be appointed as
the District Superintendent of Streets and that the following
Resolution be adopted:
NO. 79-5-2-7, APPOINTMENTS - ASSESSMENT
. 78-2 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES
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312
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Adoption of Amended Proposed Boundary Map:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-5-2-8, AMENDED BOUNDARY MAP -
ASSESSMENT DISTRICT NO. 78-2 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING AMENDED PROPOSED BOUNDARY MAP
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Approval of Preliminary Costs and Ordering Preparation
of Report:
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze that the preliminary costs be approved in the amount
of $181,000, that the District Superintendent of Streets be
directed to prepare a report on the proposed improvements,
and that the following Resolution be adopted:
RESOLUTION NO. 79-5-2-9, PRELIMINARY DETERMINATION -
ASSESSMENT DISTRICT NO. 78-2 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND
ORDERING THE PREPARATION OF A REPORT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Presentation of Report:
The Director of Public Works presented the Improvement Report,
pursuant to Division 4 of the Streets and Highways Code, the _
Debt Limit Act.
Approval of Debt Report and Public Hearing Date:
It was moved by Councilman Buchheim and seconded by Councilman
Hausdorfer that the Debt Report be approved and a Public
Hearing thereon set for June 20, 1979, and that the following
Resolution be adopted:
RESOLUTION NO. 79-5-2-10, APPROVED DEBT REPORT -
ASSESSMENT DISTRICT NO. 78-2 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REPORT UNDER THE "SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY
PROTEST ACT OF 1931," AND FIXING A DATE OF PUBLIC
HEARING THEREON
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313
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Intent to Construct Improvements and Authorizing
Issuance of Bonds:
It was moved by Councilman Schwartze and seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 79-5-2-11, RESOLUTION OF INTENTION -
ASSESSMENT DISTRICT NO. 78-2 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING INTENTION TO ORDER THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS, DESCRIBING
PROPOSED DISTRICT, AND PROVIDING FOR THE ISSUANCE
OF BONDS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Presentation of Engineer's Report:
The Director of Public Works presented the Engineer's Report,
consisting of Plans, Specifications, Cost Estimates, Assessment
Roll, and Assessment Diagram.
Approval of Engineer's Report and Public Hearing Date:
It was moved by Councilman Schwartze and seconded by Councilman
Thorpe that the Engineer's Report be approved and a Public
Hearing thereon set for June 20, 1979, and that the following
Resolution be adopted:
RESOLUTION NO. 79-5-2-12, REPORT APPROVAL AND SETTING
PUBLIC HEARING - ASSESSMENT DISTRICT NO. 78-2 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, PASSING ON THE REPORT
OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND
SETTING A TIME AND PLACE FOR PUBLIC HEARING
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
None
None
Prevailinq Waste Scales and Call for Construction Bids:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer to determine that the prevailing wage rates are in
accordance with schedules of the State Director of Industrial
Relations, to authorize a call for construction bids and to
adopt the following Resolution:
RESOLUTION NO. 79-5-2-13
HJJ8JJ1.1P.1V1 U1Orn11:1LVU. /8-L - a KnoujiuTIUN yr Tn
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REFERENCING PREVAILING WAGE SCALE AND
DIRECTING CALL FOR CONSTRUCTION IBDS
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314
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Issuance_ and Sale of Bonds and Appointment of Bond Counsel:
It was moved by Councilman Buchheim and seconded by Council
Schwartze to authorize the issuance and sale of Special
Assessment Bonds, to appoint F. Mackenzie Brown as Bond
Counsel, and to adopt the following Resolution:
RESOLUTION NO. 79-5-2-14, BOND SALE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE SALE OF SPECIAL ASSESSMENT
BONDS TO FINANCE IMPROVEMENTS IN A SPECIAL ASSESSMENT
DISTRICT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. SLUDGE HAULING AGREEMENTS
(MCBRIDE TRUCKING AND SOLAG DISPOSAL COMPANIES)
(38) Proposal:
Approval of sludge hauling agreements with the McBride
Trucking Company and Solag Disposal Company in addition
to the current contract with Golden West Fertilizer Company
in order to diversify the hauling contracts so that the City
and SERRA are not subject to demands or unavailability to
remove sludge on the part of one contractor.
Written Communications:
Report dated May 2, 1979, from the Director of Public
Works forwarding the proposed agreements.
Approval of Agreements:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to approve the agreements for
sludge hauling services with the McBride Trucking Company
and Solag Disposal Company and to authorize the City Manager
to execute the agreements on behalf of the City. The
existing contract with Golden West Fertilizer Company is
to be maintained.
2. IMPROVEMENT OF DEL OBISPO STREET AT AGUACATE ROAD,
AHFP NO. 883 - APPROVAL OF PLANS, SPECIFICATIONS AND
CALL FOR BIDS
(83) Proposal:
Construction of improvements including storm drain, realignment
and widening of Del Obispo Street, and installation of a sewer
in Aguacate Road. Funding for the project consists of County
AHFP funds of $109,000, matching City Gas Tax Funds, and
$55,000 from private participation.
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315
Written Communications:
Report dated April 18, 1979, from the Director of Public
Works.
Approval of Plans, Specifications and Call for Bids:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the plans and
specifications and to authorize staff to advertise for bids
for AHFP Project No. 883, known as the Improvement of Del
Obispo Street at Aguacate Road.
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
1. APPROVAL OF WARRANTS
(41) The List of Demands dated May 2, 1979, Warrants Nos. 16510
through 16612, inclusive, in the total amount of $842,400.83,
is approved as submitted.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
APRIL 23, 1979
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of April 23, 1979, is ordered received and
filed.
3. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS
OF MARCH 29, 1979 AND APRIL 24, 1979
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meetings of March 29, 1979, and April 24,
1979, is ordered received and filed.
4. ORTEGA HIGHWAY INTERCONNECT SIGNAL SYSTEM -
EXTENSION OF TIME (STEINY AND COMPANY)
(82) Change Order No. 3, a 30 -day time extension for completion
of the above project to June 11, 1979, is approved due to
delay in delivery of equipment.
5.
AGREEMENT, ARCHITECTURAL
TREET AT ALIPAZ STREET
(38) The improvement agreement and bonds submitted by the John
Wertin Development Company in connection with the 56 -unit
apartment complex at the corner of Del Obispo Street and
Alipaz Street are accepted. Improvement plans for streets,
sewers, drainage and water have been approved and all fees
paid. The Mayor and City Clerk are authorized to sign the
Agreement on behalf of the City, and the City Clerk is directed
to record the Agreement.
6. REPORT OF PLANNING COMMISSION MEETING OF
APRIL 24, 1979
(67) It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried that the Report of Actions
taken by the Planning Commission on April 24, 1979, be
received and filed.
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316
7. TREE REMOVAL APPLICATION FOR HARRISON HOUSE AND PARKA ADOBE
(74) Council received copies of a report dated May 2, 1979, from
(23) the Director of Community Planning and Development, summarizing
the approved removal of two ash trees and one orange tree in
the area of the Parra Adobe in conjunction with the restoration
of the Harrison House/Parra Adobe. All other trees and shrubs
are to remain.
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to confirm the determination
made by the Tree Inspector regarding the tree removal application.
8. RELEASE OF CERTIFICATE OF DEPOSIT, CONDITIONAL USE
DF.DMTT 7A -S IPPrn .T(IATFCI
(39) This item was held over from the meeting of April 18th. No
action was taken and the report was held over for further
consideration at the meeting of May 16.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. LANDSCAPING STATUS REPORT, MEREDITH CANYON
TRACTS 8087 AND 8319
(85) The status report dated May 2, 1979, from the Director of
Community Planning and Development was ordered received
and filed.
2. REQUEST FOR MODIFICATION OF REAR YARD SETBACKS
TRACT 9284 (KING)
(85) There was a consensus of the Council that consideration of
this matter be held over to the meeting of May 16.
3. APPLICATION FOR HOUSING AND COMMUNITY DEVELOPMENT
GRANT FUNDS LOS RIOS AREA
(23) Proposal:
An application for HUD Housing and Community Development Block
Grant funds in the amount of $300,000, for implementation of
the Los Rios Precise Plan.
Written Communications:
Report dated May 2, 1979, from the Director of Community
Planning and Development.
Application Processing and Public Hearing Date:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to authorize staff to
proceed with the application for grant funds and to set
the date of May 16, 1979, at 7:00 P.M., in the Council
Chamber for a Public Hearing on the application.
4. GENERAL PLAN AMENDMENT 79-2A (VAN ROEKEL, ET AL.)
(46) Proposal:
Consideration of changes in land use designations for 31
acres of land north of the City limits from Low Density
Residential to a new designation permitting commercial
recreation, public/institutional, and office uses.
Written Communications:
Report dated May 2, 1979, from the Director of Community
Planning and Development, advising that the item is not ready
for Council consideration, since the environmental impact
report was not completed in time for Commission and agency
review.
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Inclusion with General Plan Amendment 79-3:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried that General Plan Amendment
79-2A (Van Roekel, et al.) be removed from consideration at
this time and that it be included for consideration during
initiation of General Plan Amendment 79-3.
5. TREE REMOVAL APPLICATION (CAPISTRANO VALLEY BAPTIST CHURCH)
(74) Proposal:
An application by the Capistrano Valley Baptist Church for
removal of two eucalyptus trees located on the south side of
Del Obispo Street west of Aguacate Road.
Written Communications:
Report dated May 2, 1979, from the Director of Community
Planning and Development advising that retention of the
trees is being discussed with the property owner based upon
initial opinions of a tree specialist that corrective actions
could preserve the trees.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried that the report be received
and filed, pending staff efforts to preserve the trees.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. BUDGET REVISION FOR PERSONNEL SERVICES
(SERRA TREATMENT PLANT)
(79) Proposal:
An amendment to the Treatment Plant budget for the inclusion
of five additional employees, pursuant to the Memorandum of
Understanding providing for 24-hour staffing at the Plant.
Written Communications:
Report dated May 2, 1979, from the Director of Public Works,
forwarding the proposed budget revisions.
Approval of Personnel Budget:
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to approve the budget revision
for the period April 1, 1979, through June 30, 1979, and to
appropriate the sum of $4,897 from the Sewer Enterprise Fund
for personnel services at the Sewage Treatment Plant.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE
(23) Councilman Buchheim advised that the Diocese of Orange has
requested direct liaison between the Study Committee and
the Catholic Church, owners of property within the study
area.
It was moved by Mayor Friess, seconded by Councilman Schwartze
and unanimously carried to authorize Councilman Buchheim to
contact the Diocese of Orange for selection of representation
on the Study Committee.
2. NOMINATION TO ORANGE COUNTY TRANSPORTATION COMMISSION
(THORPE)
(56) It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that the City Council nominate
Councilman James F. Thorpe for appointment to the Orange
County Transportation Commission.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:58 A.M., Thursday, May 3, 1979, to the next
regular meeting date of Wednesday, May 16, 1979, at 7:00 P.M., in
the City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
MARY ANN,"40VER, CITY CLERK
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