79-0606_CC_Minutes_Regular Meeting343
JUNE 6, 1979
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Friess at
7:15 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Homer
Waisner, Ocean Hills Community 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;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk;
Cheryl Johnson, Deputy City Clerk.
MINUTES
Regular Meeting of May 16, 1979:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of May 16, 1979,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Adjourned Regular Meeting of May 17, 1979:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the Minutes of the Adjourned Regular Meeting of
May 17, 1979, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Thorpe, 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. COMMENDATION, ARCHITECTURAL BOARD OF
REVIEW MEMBER TONY BLAND
(36) Mayor Friess advised that Mr. Bland will not be moving out
of the City and has requested consideration for re -appointment
to the Architectural Board of Review. Mr. Bland's resignation
had been accepted at the Council meeting of May 17, 1979.
Appointment to the Board will be considered later on the Agenda.
ORAL COMMUNICATIONS
1. GRADING IMPACTS - MISSION HILLS PHASE II
(85) Michael Berns, 26921 Canyon Crest Road, made a slide presentatior
showing grading being done in Mission Hills Phase II, and
expressed concern regarding grading for lot sale subdivisions
where housing will not be completed for several years.
With the concurrence of Council, Mayor Friess directed that
the issue of final grading for lot sale subdivisions with
long-term buildout be scheduled for the June 20th Agenda.
2. TRAFFIC CONDITIONS - CALLE SAN REMO/LOS CORRALES
(87) The following persons addressed the Council regarding the
petition received from residents of Los Corrales requesting
that Calle San Remo be re -opened to passenger vehicle traffic:
(1) Dennis Haehn, 28261 Via Rueda, in favor of re -opening
Calle San Remo;
(2) Robert Barton, 28241 Paseo Corrales, in favor of
re -opening Calle San Remo;
(3) Tim Kruer, developer of Los Corrales, advised that he
would be willing to post a guard in order to control
construction traffic, and that he is working as
repidly as possible to finish Camino La Ronda;
(4) Colleen Whiat, 27871 Calle San Remo, representing
the interests of San Juan Terrace residents.
PETITION TO RE -OPEN CALLE SAN REMO
(87) This item was taken out of order for the benefit of persons
(72) in the audience.
Written Communications:
Petition dated May 21, 1979, signed by the 31 current residents
of the Los Corrales development protesting the closure of
Calle San Remo approved at the May 16th Council meeting and
suggesting alternatives to provide access on Calle San Remo
while addressing concerns expressed by San Juan Terrace with
regard to construction traffic.
Council Discussion:
Mayor Friess cited his feeling that the problem had been
resolved at a meeting held on May 30th to receive citizen
input; reiterated his suggestion that until Camino La Ronda
is completed, a guard be posted at the chained intersection
at Calle San Remo to allow access in cases of emergency or
closure of La Ronda only and that the condition would exist
until La Ronda is safe, at which time San Remo would be
closed pending further study.
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Mr. Kruer advised that he has already posted a 24-hour guard
on San Remo; that by June 9th the residents will have a full
section to drive on and that La Ronda will be paved on
Monday and Tuesday; that he has installed a light -weight
breakaway barricade, as agreed; and, suggested that residents
of Los Corrales and San Juan Terrace meet together and work
with the Traffic Commission on the problem.
Council further discussed concerns with safety and the need
for emergency access; the required waiver signed by residents
obtaining early occupancy; and, problems encountered when
residents are allowed to move in prior to completion of
public improvements.
Issuance of Occupancy Permits:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer to rescind the staff authority to issue occupancy
permits to any tract that has not complied with all improvements
necessary to start that tract. With the concurrence of the
second, the motion was subsequently amended to rescind staff
authority to issue occupancy permits to any tract except Los
Corrales and tracts in the same category that have not
completed public improvements. The motion carried unanimously.
Continuance to June 20:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to direct the developer to
post a 24-hour guard at the chain gate until La Ronda is
finished and released for access, the purpose of the guard
being to give people exit on legitimate emergencies only, except
when La Ronda is specifically closed; further, that the issue
of consideration of re -opening Calle San Remo is to be on the
June 20th Agenda. Mayor Friess also suggested that the meaning
of "completion of construction" be agendized.
WRITTEN COMMUNICATIONS
1. REQUEST FOR FUNDS FOR APPEAL PROCESS
SCAG HOUSING ELEMENT EIR (CEEED)
(61) Council received copies of a letter dated May 15, 1979, from
(76) Clifford C. Hood, President of CEEED, requesting financial
assistance to carry on CEEED's court proceedings against SCAG,
who has appealed a decision won by CEEED in invalidating the
SCAG Housing Element on the grounds that the EIR is inadequate.
With the concurrence of Council, Mayor Friess directed that the
request be received and filed.
2. REQUEST FOR DEFERMENT OF PAYMENT OF FEES,
DIVISION OF LAND 78-4 (HUSOE)
(85) Council received copies of a letter dated May 30, 1979, from
(76) Oystein Frey Husoe, requesting deferment of payment of
Agricultural Preservation and Park and Recreation Fees on
two lots on McCracken Hill, until building permits are
issued. With the concurrence of Council, Mayor Friess
directed that the request be referred to the Director of
Public Works for report on June 20, 1979.
PUBLIC HEARINGS
1. TENTATIVE PARCEL MAP 856, ORTEGA HIGHWAY
(ORTEGA PLANNED COMMUNITY)
(85) This public hearing is continued from the meeting of May 16, 1979.
Written Communications:
Report dated June 6, 1979, from the Director of Community
Planning and Development, forwarding a revised resolution which
addresses Council concerns with regard to development phasing
and maintenance of common landscaping and facilities.
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346
2.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open, and there being no response,
declared the Hearing closed.
Approval of Tentative Parcel Map 856:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-6-6-1
/nDTVA nVnDVnmTFcl - a
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COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 856, A PROPOSAL TO
SUBDIVIDE 69+ ACRES OF LAND INTO 38 LOTS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
USE OF REVENUE SHARING FUNDS,
FISCAL YEAR ENDING JUNE 30, 1980
(44) Proposal:
First of two public hearings required by the Federal Revenue
Sharing Act, to encourage citizen involvement in the proposed
use of general revenue sharing allocations.
Written Communications:
Report dated June 6, 1979, from the Director of Administrative
Services, advising that the City's share of $112,189, will be
received during the Federal fiscal period of October 1, 1979,
to September 30, 1980.
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.
With the concurrence of Council, Mayor Friess directed that
the report be received and filed. The next hearing is to be
held in conjunction with the budget submission to Council.
3. APPEAL OF PLANNING COMMISSION DECISION -
(39) Proposal:
Appeal of the April 24th Planning Commission approval of
CUP 79-5, a commercial stable located on San Juan Creek Road
adjacent to Harold Ambuehl School. The stable would consist
of 90 stalls, tack rooms, caretakers' residences, parking
areas and pastures.
Appellant:
Carolyn Munson, 31505 Paseo Christina, San Juan Capistrano.
Written Communications:
Report dated June 6, 1979, from the Director of Community
Planning and Development, forwarding a Resolution approving
the Conditional Use Permit subject to conditions. Mr.
Merrell advised that Condition #14 was added so that any
amenities that the stable could operate without; i.e., fencing,
landscaping, paved parking areas, would have to be installed
before occupancy permits and utility connections will be
granted.
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34"7
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open, and the following persons
addressed the Council:
(1) Dale Smith, 31515 Paseo Christina, citing concerns
regarding fencing, traffic and parking problems, aesthetics
and conduct of persons associated with the stable, and
noted his support of the stable provided his concerns
were met;
(2) Colleen Whiat, 27871 Calle San Remo, concurred with
Mr. Smith, and cited concerns regarding traffic impacts
on Calle San Remo;
(3) Rick Munson, 31505 Paseo Christina, cited his concern
with regard to impacts on Hidden Valley lifestyle,
property and children; fencing, subleasing of the
property; and, that the stable be constructed according
to plans. Mr. Munson cited his support provided his
concerns are met;
(4) Tim Kruer, Patrick Development, advised that Patrick
Development is owner of property across the street
from the proposed project and that they were not notified
of the project. Mr. Kruer requested time to review
the project and conditions.
There being no one else wishing to address the Council, Mayor
Friess declared the Hearing closed.
Motion to Continue to June 20:
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe that Mr. Kruer be provided with a copy of the staff
report on the Hoffman Stables, and that the public hearing
be continued to June 20. The motion failed by the following
vote:
AYES: Councilmen Thorpe and Schwartze
NOES: Councilmen Hausdorfer, Buchheim and Mayor Friess
ABSENT: None
Council Discussion:
Council discussed an assessment district to extend and improve
San Juan Creek Road; the need for perimeter fencing of activity
areas; control of equestrian access to the trail in the
creekbed; and, that Mrs. Hoffman would have the option of
developing the stable in phases if she desires, but that
Conditions 2, 5, 8, 13 and 14 of the resolution should be
met. Mayor Friess questioned the number of caretakers'
residences in terms of subleases, and City control over
stable conditions. He was advised that Mrs. Hoffman would be
responsible for any violations.
Approval of Conditional Use Permit 79-5:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the following Resolution be adopted, with
amendments to include a clarification of Condition 14, fencing
adjacent to the school property and along the northern
boundary with fence openings to be controlled by the City:
RESOLUTION NO. 79-6-6-2, CONDITIONAL USE PERMIT 79-5
(HOFFMAN) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 79-5 (HOFFMAN) FOR THE
ESTABLISHMENT OF A COMMERCIAL EQUESTRIAN STABLE.
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348
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:41 P.M., and reconvened at 9:53 P.M.
4. TENTATIVE PARCEL MAP 855, ORTEGA HIGHWAY (DAKIDES
(85) Proposal:
A subdivision of 3.23+ acres into 3 parcels of 1.02, 1.02, and
1.19 acres, respectively, located on Ortega Highway between
El Nido Mobile Home Park on the west and Tract 6305 (Forster/
Leck) on the east.
Applicant:
Franklin Dakides, 25012 Nellie Gale Road, Laguna Hills.
Written Communications:
Report dated June 6, 1979, from the Director of Community
Planning and Development, forwarding the Planning Commission's
recommendation of approval.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Hearing open; and, there being no response,
declared the Hearing closed.
Approval of Tentative Parcel Map 855:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-6-6-3, TENTATIVE PARCEL MAP 855
(DAKIDES) - A RESOLUTION OF THE CITY COUNCIL OF TH.
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 855 (DAKIDES)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
6. GENERAL PLAN AMENDMENT 79-2B,
(GLENDALE FEDERAL)
(46) This item was held over from the meeting of May 2, 1979, in order
to receive public input on the issues at a meeting scheduled
by Town Hall Association and attended by members of the City
Council, Planning Commission, staff, and representatives
of the developer and the school district.
Written Communications:
Report dated June 6, 1979, from the City Manager, forwarding
staff responses to questions raised in a letter dated May 1,
1979, from Town Hall Association and by Council on May 2.
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Mr. Merrell advised that the process being followed is to
approve a General Plan Amendment which, if approved, would
be followed by a rezone, and then comprehensive development
plans. Mayor Friess cited his personal feelings that the
issues fit into three basic categories, which should be
addressed before final approval: (1) a need for clarification
whether 1201 units is an absolute number or a maximum number;
(2) a need for clarification with regard to City control over
grading; and (3) a need for some kind of equestrian designations
within the property.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open, and the following persons
addressed the Council:
(1) Jill Hanna, 30161 Branding Iron Road, representing
Town Hall Association, read portions of a letter dated
June 1, 1979, from Town Hall Association to the City
Council, in opposition to the project at this time;
(2) Fred Jenner, President of the Chamber of Commerce,
cited the Chamber's support of the project, based
on staff recommendations;
(3) Michael Berns, Member of the Planning Commission,
cited the impacts of the 180 -unit Mission Hills Phase
II project versus the 1201 -unit Glendale Federal Project,
and reaffirmed the opposition of the Planning Commission;
(4) Robert Davies, Member of the Planning Commission, cited
concerns with impacts on schools, the treatment plant,
sewers and the lack of alternatives;
(5) Yvon Heckscher, 32341 Del Obispo Street, read a statement
citing his concerns with regard to the legal deficiencies
of aspects of the Stipulation for Judgment, the Judgment,
and the Agreement for the Conveyance of Land.
There being no one else wishing to address the Council, Mayor
Friess declared the Hearing closed.
Motion to Continue:
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer to continue the hearing to June 20th, in order to
receive additional clarification. The motion was subsequently
withdrawn.
Council Discussion:
Councilman Hausdorfer advised that he would like to receive
an independent legal opinion with regard to the concerns
addressed by Mr. Heckscher; that he would like to receive
comments from the SERRA Board with regard to impacts on
the sewer system and treatment plant; and, requested some
disucssion with regard to traffic impacts and developer
contributions toward re -construction of the San Juan Creek
bridge.
Motion to Deny Environmental Impact Report and
General Plan Amendment:
It was moved by Councilman Thrope, and seconded by Councilman
Hausdorfer that the Environmental Impact Report be found
inadequate, and on that basis, to deny the General Plan
Amendment. The motion failed by the following vote:
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350
AYES: Councilmen Hausdorfer and Thorpe
NOES: Councilmen Schwartze, Buchheim and Mayor
Friess
ABSENT: None
Denial of Environmental Impact Report and
"No Action" on Project:
Councilman Thorpe cited his feelings that the Environmental
Impact Report does not adequately address the impacts and
mitigating measures with regard to sewage, drainage, traffic,
amounts of grading, and school fees, and therefore, does not
provide adequate information to make a decision on the project.
Councilman Buchheim advised that he would be in favor of -
pursuing the legal aspects mentioned by Mr. Heckscher.
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim to find the Environmental Impact Report inadequate
and to take no action on the project, pending additional work
on the Environmental Impact Report and a finding of adequacy;
and, to adopt the following Resolution:
79-6-6-4
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
FINDING THE ENVIRONMENTAL IMPACT REPORT FOR GENERAL
PLAN AMENDMENT 79-2B (GLENDALE FEDERAL) INADEQUATE
AND TABLING CONSIDERATION OF THE GENERAL PLAN
AMENDMENT TO PROVIDE TIME FOR AMENDMENTS TO THE
ENVIRONMENTAL IMPACT REPORT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Retention of Independent Legal Counsel:
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim that the City retain the services of an independent
legal firm to review the negotiated settlement and to issue
an independent opinion on the Judgment, The Agreement Conveying
Land, and those items addressed by Mr. Heckscher. The
motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze and Buchheim
NOES: Councilman Thorpe and Mayor Friess
ABSENT: None
6. APPEAL OF CONDITIONS OF APPROVAL,
A.C. 78-9, HOME FEDERAL
(68) This item was continued from the Council meeting of May 16,
1979, to allow time for a Planning Commission decision on
Zone Variance 79-8, the Pacific Drive -In sign relocation.
Written Communications:
Report dated June 6, 1979, from the Director of Community
Planning and Development, advising that the Planning Commission
had approved relocation of the Drive -In sign subject to
conditions; that the decision is being appealed by Pacific
Drive -In Theatres; and, that due to the appeal, Home Federal
has requested continuance of this Public Hearing to June 20.
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351
Continuance to July 5:
Due to legal advertising requirements, a Public Hearing on the
Pacific Drive -In zone variance may not be scheduled until
July 5; therefore, it was moved by Councilman Schwartze,
seconded by Councilman Hausdorfer and unanimously carried
to continue the appeal of conditions of approval for A.C. 78-9
to the meeting of July 5.
ORDINANCES
1. AMENDMENT TO REZONE 78-1,
ORDINANCE NO. 384 (ORTEGA PROPERTIES)
(ADOPTION)
(55) The City Attorney read the title of Ordinance No. 384, which
was regularly introduced at the meeting of May 16. Further
reading of all Ordinances had been waived earlier in the
meeting. It was moved by Councilman Buchheim, seconded by
Councilman Hausdorfer that the following Ordinance be
adopted:
ORDINANCE NO. 384, AMENDMENT TO REZONE 78-1
(ORTEGA PROPERTIES) - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
ORDINANCE NO. 379 BY AMENDING THE PERMITTED USES
IN PLANNING SECTOR C AS DEFINED IN COMPREHENSIVE
DEVELOPMENT PLAN 78-1
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. REZONE 79-2, ORDINANCE NO. 385
(BARTON DEVELOPMENT) (ADOPTION)
(55) The City Attorney read the title of Ordinance No. 385, which
was regularly introduced at the meeting of May 17. Further
reading of all Ordinances had been waived earlier in the
meeting. It was moved by Councilman Buchheim and seconded
by Councilman Hausdorfer that the following Ordinance be
adopted:
ORDINANCE NO. 385, REZONE 79-2 (BARTON) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF ASSESSOR'S PARCEL NO. 121-171-05 FROM
AG (GENERAL AGRICULTURE) TO RM (MULTIPLE FAMILY)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze,. Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
RESOLUTIONS
1. AUTHORIZING APPLICATION FOR HISTORIC
(23) Proposal:
(41) A recommendation from the Cultural Heritage Commission that
the City apply for Historic Preservation Grants -In -Aid funds
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352
to be utilized with other sources to equal 50% of the total
estimated project cost of $44,000 for restoration of the
Harrison House.
Written Communications:
Report dated June 6, 1979, from Pamela Hallan, Secretary
of the Cultural Heritage Commission, forwarding a Resolution
approving the Grant Application and the Project Agreement.
Authorization for Application:
It was moved by Councilman Schwartze, and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-6-6-5. APP
114-1i1U Z U1NUO knk1r A.L.7VLN IIUUbL) - H tCl�2AU1,U'1'1UN UL'Ilih
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE APPLICATION AND THE PROJECT
AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID
FUNDS FOR THE HARRISON HOUSE PROJECT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. PROPOSAL FOR CONSULTING SERVICES, ASSESSMENT
DISTRICT 78-1 (CAMINO CAPISTRANO SOUTH)
(74) Proposal:
Approval of an agreement between the City and Toal Engineering
for provision of engineering services in conjunction with
Assessment District 78-1, Camino Capistrano South.
Written Communications:
Report dated June 6, 1979, from the Director of Public
Works.
Approval of Agreement for Engineering Services:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement
for Engineering Services with Toal Engineering of San Clemente,
in an amount not to exceed $8,300, and to authorize the Mayor
and City Clerk to execute the Agreement on behalf of the City.
2. AWARD OF CONTRACT - AHFP 883
(DEL OBISPO STREET AT AGUACATE ROAD)
(GRIFFITH COMPANY)
(82) Proposal:
Approval of an Agreement between Griffith Company and the
City for construction of improvements at Del Obispo and
Aguacate Streets.
Written Communications:
Report dated June 6, 1979, from the Director of Public Works
forwarding the results of bids opened on May 30th for the
Del Obispo at Aguacate Project, AHFP 883, as follows:
Griffith Company $255,528
Sully Miller 256,430
Shea Company 258,225
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Award of Bid:
It was moved by Councilman Buchheim,
Hausdorfer and unanimously carried to
for the Del Obispo Street at Aguacate
to Griffith Company of Irvine, in the
to reject all other bids. The Mayor
authorized to execute the contract on
CONSENT CALENDAR
353
seconded by Councilman
award the contract
Road Project, AHFP 883,
amount of $255,528, and
and City Clerk are
behalf of the City.
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze 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 June 6, 1979, Warrants Nos. 16748
through 16849, inclusive, in the total amount of $562,579.50,
is approved as submitted.
2. REPORT OF TRAFFIC AND
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meeting of May 3, 1979, is ordered received
and filed.
3. AGREEMENT FOR MAINTENANCE OF LANDSCAPING
WITHIN PUBLIC RIGHT-OF-WAY, A.C. 78-5, ALIPAZ STREET
(74) The Maintenance Agreement between the City and John Wertin
Development Company, which provides that the developer assume
all irrigation and maintenance responsibility for landscaping
and trees within the public right-of-way along Alipaz Street,
in conjunction with a 56 -unit apartment complex at the corner
of Alipaz and Del Obispo Streets, is approved. The Mayor and
City Clerk are authorized to execute the Agreement on behalf of
the City; the City Clerk is authorized to record the document.
4. AWARD OF CONTRACT FOR REPLACEMENT OF DAMAGED
TRAFFIC SIGNAL, DEL OBISPO STREET AT ORTEGA HIGHWAY
(82) The contract for the replacement of the damaged traffic
signal at the intersection of Del Obispo Street and Ortega
Highway is awarded to the low bidder, Steiny and Company,
Inc., of Anaheim, in the amount of $2,941, and all other
bids rejected.
5. LOS RIOS AREA STREET IMPROVEMENTS
RESOLUTION, NOTICE OF COMPLETION AND FINAL
REPORT (GRIFFITH COMPANY)
(23) Written Communications
Report dated June 6, 1979, from the Director of Public Works
advising that the work for the Los Rios Area Street Improvements
has been completed by Griffith Company of Irvine. The payment
status is as follows:
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35�
Total Construction Cost $107,564.84
Less 10% Retention 10,756.48
Subtotal 96,808.36
Previous Payment 28,293.60
Balance Due 67,914.76
Acceptance of Work:
The following Resolution is adopted:
RESOLUTION NO. 79-6-6-6, COMPLETION OF LOS RIOS
AREA STREET IMPROVEMENTS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFI-
CATIONS FOR THE CONSTRUCTION OF LOS RIOS AREA STREET
IMPROVEMENTS
The Resolution accepts the work as completed and directs the
City Clerk to forward the Notice of Completion to the County
Recorder within 10 days; payment is authorized to Griffith
Company in the amount of $67,914.76, with the 10% retention
authorized for payment 35 days after recordation of the Notice
of Completion.
6. AWARD OF CONTRACT FOR REAL ESTATE APPRAISAL SERVICES -
ASSESSMENT DISTRICT 78-3 (ROBERT HARRISON)
(74) The Agreement between the City and Robert H. Harrison, Inc.,
of Laguna Niguel, for property appraisal services in conjunction
with Assessment District 78-3 (Ortega Properties), in the
amount of $3,500, to establish appraised property values for
right-of-way negotiations, is approved and the Mayor and City
Clerk authorized to execute the Agreement on behalf of the City.
7. CONTRACT MODIFICATION FOR RIGHT-OF-WAY ENGINEERING SERVICES
ASSESSMENT DISTRICT 78-3 (TOUPS CORPORATION)
(74) The modification to the right-of-way engineering contract
with Toups Corporation, of Orange, in conjunction with
Assessment District 78-3 (Ortega Properties) to provide a
Record of Survey of the District's boundary, in the amount
of $5,220, such cost to be borne by the District, is approved
and the City Engineer is authorized to supervise the work
within the provisions of the existing right-of-way engineering
Agreement with Toups Corporation.
8. AUTHORIZING LETTER OPPOSING ASSEMBLY BILL 772,
NATIONAL REGISTER OF HISTORIC PLACES
(23) The letter expressing the City's opposition to Assembly
(51) Bill 772, is approved, the Mayor is authorized to sign,
and staff is directed to forward the letter to area
legislators. The bill is in direct conflict with the
National Historic Preservation Act; if successful, San
Juan Capistrano could lose a major source of funding
for historical projects, as set forth in the report dated
June 6, 1979, from Pamela Hallan, Secretary to the Cultural
Heritage Commission.
9. APPEAL HEARING DATE - EXTENSION OF TIME,
TRACT 9784 (MISBIN)
(85) The hearing on the appeal of the Planning Commission denial
of a time extension for Tract 9784, as filed by Morris Misbin,
is scheduled for the Council meeting of June 20, as set forth
in the report dated June 6, 1979, from the City Clerk.
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10. APPEAL HEARING DATE - GRADING PLAN,
TRACT 9784 (MISBIN)
(85) The hearing on the appeal of the Planning Commission denial
of the grading plan for Tract 9784, as filed by Morris Misbin,
is scheduled for the Council meeting of June 20, as set forth
in the report dated June 6, 1979, from the City Clerk.
REPORT OF EQUESTRIAN COMMISSION ACTIONS OF MAY 15 AND MAY 29, 1979
(23) Following clarification that the 90 -day compliance period for
Wagon Wheel Stables will be addressed later on the Agenda, it
was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to receive and file the
Report of Actions taken by the Equestrian Commission at their
meetings of May 15 and May 29, 1979.
REPORT OF PLANNING COMMISSION MEETING OF MAY 22, 1979
(67) Mayor Friess suggested that the time extension for Tentative
(85) Tract 9786, Black Mountain Villas, be withheld from approval
at this time and considered with the Council appeal of the
Composite Development Plans, scheduled later on the Agenda.
Appeal of Approval of Composite Development Plans,
Tentative Tract 6305 (Forster/Leck):
Mayor Friess suggested that Council look at the Composite
Development Plans for Tentative Tract 6305 in terms of grading
which is finished for a period of time before housing is
built. It was moved by Councilman Hausdorfer, seconded by
Councilman Thorpe and unanimously carried to appeal the
Planning Commission approval of the Composite Development
Plans for Tentative Tract 6305 (Forster/Zeck).
It was then moved by Councilman Schwartze, seconded by
Councilman Thorpe and unanimously carried to receive and
file the remainder of the Report of Actions taken by the
Planning Commission at their meeting of May 22, 1979.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REVIEW OF COMMISSION APPOINTMENTS -
PARKS AND RECREATION COMMISSION
(62) Written Communications:
Report dated June 6, 1979, from the City Manager, forwarding
a description of duties of the Commission and a list of
Commission Members, attendance record for the past year,
and a list of applications on file.
Re -Affirmation of Current Commission Members:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to reaffirm the appointments
of the following Commission Member for the term ending
April 30, 1980:
Gillian Cannon
Duane Hallan
Pauline Leonard
Joe Quintana
Brett Shears
2. REVIEW OF COMMISSION APPOINTMENTS -
PLANNING COMMISSION
(67) Written Communications:
Report dated June 6, 1979, from the City Manager, forwarding
a description of duties of the Commission and a list of
Commission Members, attendance record for the past year,
and a list of applications on file.
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Continuance to July 18, 1979:
Councilman Schwartze moved to reaffirm the Planning Commission
appointments for a period ending December 31st, at which
time both Commission and staff appointments will be reviewed;
in the meantime, Council should meet with the Commission in
an effort to resolve problems. The motion died for lack of
a second.
Following further discussion, and with the concurrence of
Council, Mayor Friess directed that the item be re -scheduled
for the Council meeting of July 18, 1979.
3. REVIEW OF COMMISSION APPOINTMENTS -
TRAFFIC AND TRANSPORTATION COMMISSION
(23) Written Communications:
Report dated June 6, 1979, from the City Manager, forwarding
a description of duties of the Commission and a list of
Commission Members, attendance record for the past year,
and a list of applications on file.
Re -Affirmation of Current Commission Members:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to reaffirm the appointments
of the following Commission Members for the term ending
April 30, 1980:
Jim Allen
Ron Fuchs
Dennis Johnson
Jerry Kaufman
Sharon Neely
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
STATUS REPORT ON MEREDITH CANYON LANDSCAPING,
TRACTS 8087 AND 8319
(85) Mayor Friess advised that he had met with the Homeowners
Association regarding the slope maintenance problems. He
suggested the issue of returning the slopes to the homeowners
be agendized for the next meeting in order to obtain input
from the people who live in Meredith Canyon; further, that
the Board of Directors and all residents be notified.
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to agendize the item for
public input at the June 20th Council meeting.
INITIATION OF LAND USE MANAGEMENT CODE AMENDMENT
(55) Written Communications:
Report dated June 6, 1979, from the
Planning and Development, citing two
variance applications: creation of
lots; and, building additions that 1
exterior walls that presently encro
and recommending their removal from
requirements.
Council Discussion:
Councilman Schwartze suggested t
should be studied. Mayor Friess
the issue of net square footage
reductions for easements such as
or trails.
Director of Community
recurring types of _
flag (reduced frontage)
ine up flush with existing
ach into a required setback,
the variance processing
hat location of pool equipment
suggested that Council address
of subdivision lots after
public or private roads
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Initiation of Land Use Management Code Amendment:
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze to initiate Land Use Management Code amendments
for the following items: (1) variance procedures; and,
(2) the net square footage of subdivision lots after easements;
and, to refer the proposed changes to the Planning Commission
for report and recommendation. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
Councilman Thorpe clarified that he is opposed to issuance
of variances.
The Amendment to study the location of pool equipment is to
be placed on the To Do List and scheduled for August.
3. COUNCIL APPEAL OF PLANNING COMMISSION APPROVAL -
(85) Proposal:
A May 16th Council -initiated appeal of the May 8th Planning
Commission actions approving the Composite Plans for Tract
9786. Also included in the consideration is the extension
of time for Tract 9786, which was held from the Planning
Commission Report of Actions of May 22.
Written Communications:
Report dated June 6, 1979, from the Director of Community
Planning and Development, recommending confirmation
of the Planning Commission's action.
Exhibits were on display and Mr. Merrell noted grading to be
done, pedestrian access into San Juan Terrace, landscaping,
and development of a park to house and preserve the old
bunkhouse currently located on the property.
Approval of Composite Development Plans:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to confirm the actions of
the Planning Commission in approving the Composite Development
Plans and the extension of time.
GRADING/SLOPES - LOS CORRALES - COUNCIL INFORMATION
(85) This additional item is in response to Council concern regarding
the slopes near the corner of La Novia and San Juan Creek
Road in the Los Corrales Development. Exhibits were on
display depicting cross-sections of the lots in question.
Council Discussion:
Council discussed concerns with regard to creating artificial
grade differentials and grade differences from the original
grading plan.
(69) Policy Statement:
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried that when there is a flat
area of land adjacent to an established subdivision, that
area may not be built up with fill material from grading
without special direction of the Council.
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noo
050
4.
REPORT ON TREE REMOVAL APPLICATIONS
(74) The determinations of the Tree Inspector are confirmed for
the following tree removal applications:
(a) Removal of 17 orange trees and 3 avocado trees
in conjunction with Tentative Parcel Map 851
(Ver Halen) on property located at the corner
of Camino Capistrano and Calle Lorenzo, and submittal
of a Tree Preservation Plan.
(b) Removal of one 6 -inch multi -trunk pepper tree, Lot 5,
Tract 9030, north side of Ortega Highway, east of
Giddings Produce Stand (Smith).
DIRECTOR OF PUBLIC WORKS
1. ADOPTION OF SERRA BUDGETS, PROJECT COMMITTEE NO. 2
TREATMENT PLANT) AND NO. 3 (EXISTING OCEAN OUTFALL) -
(79) Written Communications:
Report dated June 6, 1979, from the Director of Public Works.
Approval of Budgets:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to approve the City's
appropriations of $206,960 - Project Committee No. 2;
$33,156 - Project Committee No. 3; and $3,500 - General
Fund; and, the total SERRA budget for the period July 1,
1979, through June 30, 1980 of $995,000 - Project Committee
No. 2; $174,781 - Project Committee No. 3; and, $21,000 -
General Fund.
2. BUDGET EXPENDITURE - PROJECT COMMITTEE NO. 7A
(SERRA)
(79) Written Communications:
Report dated June 6, 1979, from the Director of Public Works,
advising that the budget expenditure is necessary to meet
Regional Water Quality Control Board time frames with regard
to mitigation of odors.
Approval of Budget Expenditure:
It was moved by Councilman Buchheim, seconded by Councilman
Shcwartze and unanimously carried to approve the SERRA
budget expenditure in the amount of $7,362 and to appropriate
that amount from the Sewer Enterprise Fund.
COMMISSIONS. BOARDS. COMMITTEES
EQUESTRIAN COMMISSION
1. WAGON WHEEL STABLE LEASE REVIEW -
90 -DAY COMPLIANCE PERIOD
(38) Proposal:
Establishment of a 90 -day compliance period for the Wagon
Wheel Stables, for compliance with the Lease Agreement
approved by Council on May 3, the Land Use Management Code,
and additional conditions agreed to by the owner of the
Stables.
Written Communications:
Report dated June 6, 1979, from Mary Ann Hanover, City Clerk/
Equestrian Commission Secretary, forwarding the Commission's
recommendation of May 14.
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Establishment of Compliance Period:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to establish a 90 -day
compliance period, ending September 4, 1979, and to direct
the Equestrian Commission to report back at the end of that
time on conditions at the stable.
SUPPORT OF SENATE BILL 295 (NEJEDLY) -
OPEN SPACE AND RECREATION TRAIL FUNDING
(51) Proposal:
(62) Support of Senate Bill 295, which would authorize persons owing
$5.00 or more in State income tax, to designate that $5.00 for
payment into the Outdoor Heritage Preservation Fund for develop-
ment or maintenance of open -space lands or recreation trails.
Joint filers could designate $10.00.
Written Communications:
Report dated June 6, 1979, from Mary Ann Hanover, City Clerk/
Equestrian Commission Secretary, forwarding the Commission's
recommendation of support.
Support of Senate Bill 295:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to authorize the Mayor to
sign letters to Assemblywoman Bergeson and Senator Schmitz,
indicating City support of the adoption of Senate Bill 295.
COUNCIL ACTIONS
APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW
(TONY BLAND)
(23) Written Communications:
Report dated June 6, 1979, from the City Manager, forwarding
applications received for the vacancy on the Board.
Re -Appointment of Anthony Bland:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to re -appoint Anthony
Bland to fill the vacancy on the Architectural Board of Review.
APPOINTMENT TO CULTURAL HERITAGE COMMISSION
(23) Written Communications:
Report dated June 6, 1979, from the City Manager, forwarding
applications received for the vacancy created by the resignation
of Les Remmers on April 12th.
Appointment Held Over:
At the request of Councilman Buchheim, Mayor Friess directed
that appointment to the Cultural Heritage Commission be held
over pending receipt of additional applications.
3. REVIEW OF BYLAWS, MOBILE HOME PARK REVIEW BOARD
(23) Written Communications:
Report dated June 6, 1979, from James Okazaki, City Attorney/
Secretary to the Mobile Home Park Review Board, forwarding
the Bylaws and recommending approval.
Approval of Bylaws:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve by Bylaws as
submitted.
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COUNCIL REMARKS
1. BUDGET HEARINGS - 1979-84 BUDGET
(24) Council received copies of proposed budget hearing dates;
at the direction of Mayor Friess and with the concurrence
of Council, the following dates were set: July 11, 12, 13,
and 14, 1979.
2. APPOINTMENT TO DOWNTOWN STUDY COMMITTEE
(23) It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to appoint Art Birtcher,
32372 Del Obispo Street, to represent the Catholic Church,
Diocese of Orange, on the Downtown Study Committee.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:50 A.M., Thursday, June 7, 1979, to the next
regular meeting date of Wednesday, June 20, 1979, at 7:00 P.M.,
in the City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
f
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