79-0705_CC_Minutes_Regular Meeting383
JULY 5, 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
7:02 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Mike
Allen, Community Christian Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
ABSENT: James F. Thorpe, Councilman
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
George M. Lohnes, Acting Director of Public Works/City Engineer;
Thomas G. Merrell, Director of Community Planning and Development;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of June 20, 1979:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze that the Minutes of the Regular Meeting of June 20,
1979, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Schwartze, Buchheim and Mayor Friess
NOES: None
ABSTAIN: Councilman Hausdorfer
ABSENT: Councilman Thorpe
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Schwartze
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
ORAL COMMUNICATIONS
1. SCHEDULE OF BUDGET HEARINGS
' (24) Marilyn Williams, 29931 Camino Capistrano, addressed the
Council to object to the proposed scheduling of two public
hearings for the 1979-84 budget. Mrs. Williams requested
that the schedule not be approved as presented, but extended
to additional sessions.
WRITTEN COMMUNICATIONS
1.
FOR OPPOSITION
-SHORE
(89) Council received copies of a letter dated June 28, 1979,
from Paul Ryckoff, Mayor, City of Newport Beach, requesting
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monetary assistance in that City's pursuit of legislation
to delay the sale of off -shore oil drilling tracts by the
Federal government; however, the sale of the leases took
place on June 29.
There was a consensus of the Council in affirming the Mayor's
suggestion that he respond to the City of Newport Beach by
advising that this City would consider supporting efforts
in enacting future legislation regarding sale of off -shore
oil drilling leases.
2. REQUEST FOR LAND USE MANAGEMENT CODE ZONING AMENDMENT
(76) Council discussed a letter dated June 8, 1979, from Ronald L.
Fuchs, 30982 Paseo Valencia, requesting that the City amend _
the zoning code to provide for Conditional Use Permits to
allow the keeping of small animals under certain lot size
restrictions within residential zones.
Mayor Friess did not participate in the discussion since he
is acquainted with Mr. Fuchs, and Mayor pro tem Hausdorfer
presided.
The Director of Community Planning and Development advised
that Council options are to either receive and file the
request, initiate public hearings for consideration of
amending the Code, or to request advice from the Planning
Commission as to whether or not a Code amendment should be
initiated.
Referral to Planning Commission:
There was a concurrence of Council that Mr. Fuchs' request
be referred to the Planning Commission for a recommendation
on whether or not the City should proceed with an amendment
to the Land Use Management Code to allow the keeping of
certain small animals in the RS residential zone.
Mayor Friess then resumed the Chair.
3. DEVELOPMENT PLANS, CONDITIONAL USE PERMIT 79-5
(39) Council received copies of a Report dated July 5, 1979, from
the Director of Community Planning and Development advising
that after the June 6, City Council approval of Conditional
Use Permit 79-5, it had been determined that the Floodway
District boundaries originally submitted were incorrect and,
therefore, pursuant to the Land Use Management Code, the
caretaker residences are required to be portable units,
rather than permanent structures, since they would be located
within the floodplain. The development plans were reviewed
and approved by the Architectural Board of Review on July 3
subject to the following conditions: _
(1) Development is limited only to the structures included
on the attached concept plan.
(2) All landscaping and perimeter fencing be installed
prior to utility release and certificates of use
and occupancy.
(3) Structures indicated on the concept plan are to be
painted the colors approved by the Architectural Board
of Review. Skirting consistent with such colors
shall be provided for mobile home caretaker structures.
All such painting, skirting, and other required
improvements to caretaker structures shall be completed
prior to any utility connection or issuance of certificate
of use and occupancy.
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385
(4) Additions or modifications to this plan require
Architectural Board of Review approval.
(5) The City Council shall review the use of mobile home
caretaker units and shall approve final site plan,
landscape, and architectural concepts for the project.
Mayor Friess noted his concerns that area residents would
not have an opportunity to hear the new information and that
Councilman Thorpe is not present at this meeting: it was
' suggested that the matter be placed on the Council Agenda
of July 18.
Stable operator Patti Bernie Dunn, 31842 Ganado Road, addressed
the Council in opposition to further delays and suggested
they be allowed to proceed with the development plans with
the exception of relocating the mobile homes.
The Director of Community Planning and Development advised
that there were other aspects of the appearance of the stable
operation that the Board referred to Council, i.e., building
elevations and landscape plans.
Jeff Dunn, 31842 Ganado Road, addressed the Council and
stated that to his knowledge the only structures previously
discussed were mobile units. Since the above conditions
include installation of all improvements prior to utility
connections or occupancy permits, Mr. Dunn advised that he
would need electricity in order to cut fencing materials.
Mr. Merrell advised that it is customary for the utility
companies to provide temporary power and water connections.
Council concurred that the Dunns could commence the installation
of all improvements, with the exception of relocating the
mobile homes.
William R. Munson, 31505 Paseo Christina, addressed the Council
and concurred with continuing the residential portion to a
later date so that area residents could be notified.
Approval of Plans:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the development
plans, with the exception of the residential units which are
to be scheduled for consideration at the July 18 City Council
Agenda.
The Director of Community Planning and Development advised
that the area residents would be notified of the meeting
by the Planning Department.
PUBLIC HEARINGS
1. APPEAL OF CONDITIONS OF APPROVAL, ARCHITECTURAL
CONTROL 78-9 (HOME FEDERAL) (CONTINUATION)
(68) This Public Hearing is continued from the meeting of June 6,
1979.
Written Communications:
' (1) Report dated July 5, 1979, from the Director of
Community Planning and Development, recommending that
Council consideration of the appeal be continued
until Zone Variance 79-8 (a modified proposal for
the relocation of the Mission Drive -In attraction
board) is reconsidered by the Planning Commission.
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2.
(2) Letter received July 5, 1979, from Tom Fincher,
Assistant Vice President, Home Federal Savings and
Loan Association, requesting that the Appeal
Hearing be continued to the Council Meeting of
August 1, 1979.
Continuation to August 1, 1979:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and, there being no response, it
was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to continue the Public
Hearing to the Council meeting of August 1, 1979.
APPEAL OF PLANNING COMMISSION
ZONE VARIANCE 79-8
(95) Proposal:
An appeal of Planning Commission conditions of approval
for Zone Variance 79-8, the relocation of the Drive -In
attraction board from the northeast corner of the
intersection of Camino Capistrano and Del Obispo Street,
to 32002 Del Obispo Street, which is adjacent to the
Drive -In Theatre, subject to a 30 -month abatement
schedule.
Pacific Theatres proposes that the abatement schedule
run concurrent with the land lease (approximately 12
years); that the logo sign be eliminated; and, that a
small arrow directional sign be allowed at the north-
east corner of Camino Capistrano and Del Obispo Street.
Appellant:
Herbert T. Stroschein II, 1801-F Parkcourt Place, Santa
Ana, on behalf of Pacific Drive -In Theatres, the applicant.
Written Communications:
(1) Report dated July 5, 1979, from the Director of
Community Planning and Development.
(2) Letter received June 5, 1979, from Mr. Stroschein.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Hearing open, and the following persons
responded:
(1) Herbert T. Stroschein, representing the applicant,
spoke in favor of the proposal as set forth in the
appeal filed by Pacific Theatres.
There being no further response, Mayor Friess declared the
Hearing closed.
Discussion:
Mr. Stroschein concurred with Council that if the directional
sign were allowed and the attraction board abatement period
were permitted to run concurrent with the lease, the other
conditions of approval would be acceptable. The Director of
Community Planning and Development suggested that consideration
be given to a public sign rather than a sign on private property
in order to alleviate problems with removal at a later date.
Mayor Friess suggested a time limit for review of the sign
rather than an abatement period.
Relocation of Attraction Board:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the following
conditions set forth in Planning Commission Resolution 79-5-22-1:
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387
"The applicant shall be required to paint the relocated
sign and to provide landscaping. The color and land-
scaping treatment to be approved by the Director of
Community Planning and Development."
"The sign shall conform to the plans as follows: height
not to exceed 13.5 feet; area of sign not to exceed
120 square feet; the proposed tile roof shall be
replaced with wood trim."
' and
that a specific date be set for abatement of the relocated sign
or that it be removed upon termination of the lease, whichever
occurs first.
Directional Sign:
It was moved by Councilman Hausdorfer to deny the installation
of a directional sign. The motion died for lack of a second.
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim to approve the installation of a directional sign,
but that it be reviewed by the Council within one year of the
installation date. The motion failed by the following vote:
3. LAND USE CODE AMENDMENT 79-1,
SETBACKS, LOT FRONTAGES AND LOT AREA
(55) Proposal:
A City Council -initiated amendment to Section 3.4.24 of the
Land Use Code Ordinance No. 293 to allow the Planning Commission
to act upon the following types of applications without the
necessity for processing a variance application:
(1) Creation of "flag" lots;
(2) Building additions that line up "flush" with an
existing exterior wall that presently encroaches
into a required setback.
' In addition, a City Council request for development of a
definition for net usable lot area which excludes all surface
easements and would amend the definition for "Lot Area"
contained in Appendix A of Ordinance No. 293.
Written Communications:
Report dated July 5, 1979, from the Director of Community
Planning and Development forwarding an ordinance for imple-
mentation of the variance amendment and proposed resolution
amending the definition for Lot Area adopted by Resolution
No. 77-5-4-1.
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AYES:
Councilman Schwartze
NOES:
Councilmen Hausdorfer, Buchheim and
Mayor Friess
ABSENT:
Councilman Thorpe
Approval of Directional Sign for 36 -Month Period:
It was moved
by Councilman Buchheim, seconded by Mayor Friess
to allow the
installation of a public directional sign and
that it remain
in place for a 36 -month period of time, at
which time the
matter is to be returned to the City Council
'
for review.
The motion carried by the following vote:
AYES:
Councilman Buchheim and Mayor Friess
NOES:
Councilman Hausdorfer
ABSTAIN:
Councilman Schwartze
ABSENT:
Councilman Thorpe
3. LAND USE CODE AMENDMENT 79-1,
SETBACKS, LOT FRONTAGES AND LOT AREA
(55) Proposal:
A City Council -initiated amendment to Section 3.4.24 of the
Land Use Code Ordinance No. 293 to allow the Planning Commission
to act upon the following types of applications without the
necessity for processing a variance application:
(1) Creation of "flag" lots;
(2) Building additions that line up "flush" with an
existing exterior wall that presently encroaches
into a required setback.
' In addition, a City Council request for development of a
definition for net usable lot area which excludes all surface
easements and would amend the definition for "Lot Area"
contained in Appendix A of Ordinance No. 293.
Written Communications:
Report dated July 5, 1979, from the Director of Community
Planning and Development forwarding an ordinance for imple-
mentation of the variance amendment and proposed resolution
amending the definition for Lot Area adopted by Resolution
No. 77-5-4-1.
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Discussion:
Councilman Hausdorfer noted that the proposed definition
of lot area could penalize owners of 2.5 acre lots; Mayor
Friess noted that his concern was the usable area remaining
in 20,000 square foot lots within ES (Small Estate) and
EL (Large Estate) zones since those lots allow specific
uses such as the keeping of horses.
Introduction of Ordinance 387, Flag Lots and
Building Encroachments:
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 Hausdorfer that the following Ordinance be
introduced:
NO. 387, "FLAG"
AN ORDINANCE Ur'1'HN lags Ur Z,.
CALIFORNIA, ADDING PARAGRAPHS
3.4.24 AND AMENDING PARAGRAPH
ORDINANCE NO. 293 RELATING TO
YARD ENCROACHMENTS
AND BUILDING ENCROACHMENTS -
N JUAN CAPISTRANO,
B-8 AND B-9 TO SECTION
B OF SECTION 4.1.14 OF
"FLAG" LOTS AND EXISTING
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
Definition of Lot Area:
There was concurrence of Council that the proposed Resolution
amending the definition for Lot Area contained in Ordinance _
No. 293 be referred back to the Planning Commission for
consideration of the impact on acreage sized lots.
ORDINANCES
1. MOBILE HOME PARK REVIEW BOARD,
ADOPTION OF ORDINANCE NO. 386
(55) The City Attorney read the title of the Ordinance next in order.
Further reading of all Ordinances had been waived earlier in
the meeting. The Ordinance was regularly introduced at the
meeting of July 5, 1979.
Adoption of Ordinance No. 386:
It was moved by Councilman Hausdorfer and seconded by Councilman
Schwartze that the following Ordinance be adopted:
ORDINANCE NO. 386
ESTABLISHING A MO
AMENDING ORDINANCE NO. 380
TO ORDINANCE NO. 380 -
The motion carried by the following vote:
- ruv
CALIFORNIA,
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
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2. REGULATING AMBULANCE SERVICES -
INTRODUCTION OF ORDINANCE NO. 388
(55) Proposal:
A request by the Orange County Human Services Agency that the
City adopt an Ordinance regulating ambulance services and
approve the proposed regulations. The Ordinance provides for
County inspection of ambulance equipment, vehicles, personnel
operation and standards of dispatch to establish uniform,
County -wide regulations.
' Written Communications:
Report dated July 5, 1979, from the Director of Public Works
forwarding the proposed Ordinance and regulations.
Introduction of Ordinance No. 388:
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 Hausdorfer and seconded
by Councilman Schwartze that the following Ordinance be
introduced:
ORDINANCE NO. 388, REGULATING AMBULANCE SERVICES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REGULATING THE OPERATION OF AMBULANCES
AND CONVALESCENT TRANSPORT VEHICLES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
' BIDS, CONTRACTS, AGREEMENTS
1. AWARD OF CONSTRUCTION CONTRACT,
ASSESSMENT DISTRICT 78-2, CAMINO CAPISTRANO NORTH
AND AHFP NOS. 940 AND 984 (SULLY -MILLER)
(74) Proposal:
(44) Award of the contract for construction of improvements on
the east side of Camino Capistrano within Assessment District
No. 78-2 and a budget amendment in the amount of $170,000 to
increase the City's Gas Tax contribution for Arterial Highway
Financing Programs Nos. 940 and 984.
Written Communications:
Report dated July 5, 1979, from the Director of Public Works
forwarding a proposed Resolution awarding the contract to
Sully -Miller Construction Company.
Award of Contract:
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-7-5-1, AWARDING CONTRACT - ASSESSMENT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
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DISTRICT NO. 78-2 -
RESOLUTION OF
THE CITY COUNCIL OF
THE CITY OF SAN JUAN
CAPISTRANO,
CALIFORNIA, AWARDING
'
THE CONTRACT FOR THE
CONSTRUCTION
OF CERTAIN PUBLIC
WORKS OF IMPROVEMENT
IN A SPECIAL
ASSESSMENT DISTRICT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
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Budget Amendment for AHFP Nos. 940 and 984:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to authorize a budget amendment
in the amount of $170,000 to increase the City's Gas Tax
contribution to the project.
2. AWARD OF CONTRACT, MAJOR STREET REPAIRS (GRIFFITH COMPANY
(83) Proposal:
Approval of an Agreement between the Griffith Company and the
City for repair of the road shoulder on Del Obispo Street
between Paseo de la Paz and Aguacate Road.
Written Communications:
Report dated July 5, 1979, from the Director of Public Works -
forwarding the results of bids opened on June 20, 1979, as
follows:
Alternative "A" Alternative "B"
Company (asphalt & base) (asphalt only)
Griffith Company $38,605.00 $38,160.75
Sully -Miller $53,167.00 $54,421.00
Award of Bid:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to award the contract for
Major Street Repairs, Alternative "A", to the low bidder,
Griffith Company of Irvine, in the amount of $38,605.00, and
to reject all other bids received. The Mayor and City Clerk
are authorized to execute the contract on behalf of the City.
CONSENT CALENDAR
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, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
1. APPROVAL OF WARRANTS
(41) The List of Demands dated July 5, 1979, Warrants Nos. 16981
through 17083, inclusive, in the total amount of $401,862.18, is
approved as submitted.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
(23) The Report of Actions taken by the Equestrian Commission at the
meeting of June 25, 1979, is ordered received and filed.
3. REPORT OF PLANNING
MEETING OF
(67) The Report of Actions taken by the Planning Commission at the
meeting of June 26, 1979, is ordered received and filed.
4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS
(23) The Report of Actions taken by the Traffic and Transportation
Commission at the meetings of June 7, 1979 and June 21, 1979, is
ordered received and filed.
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7/5/79
5.
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391
(38) The agreement to provide bonds to insure installation of
public improvements in conjunction with A.C. 78-2 is approved
and the Mayor and City Clerk are authorized to execute the
agreement on behalf of the City. The bonds will be released
to Mr. Napoli upon formation of Assessment District 78-1.
6. REQUEST FOR EXTENSION OF TIME - DEL OBISPO STREET
AND ALIPAZ STREET TRAFFIC SIGNAL (ELECTREND)
(82) Change Order No. 1, a 30 -day time extension to July 27, 1979,
requested due to delays in delivery of equipment, is approved
for the Del Obispo/Alipaz Street contract with Electrend, Inc.
7. APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO CALL FOR BIDS - AGUACATE SEWER
(80) The plans and specifications for the 8 -inch sewer to be
constructed in conjunction with the improvements to the Del
Obispo/Aguacate Road curve project, are approved and staff
is authorized to call for bids.
S. AWARD OF CONTRACT FOR LANDSCAPING SERVICES -
ASSESSMENT DISTRICT 78-3 (ERIKSSON, PETERS, THOMS & ASSOCIATES)
(74) The contract for landscaping services in conjunction with
(38) the Ortega Highway Properties Assessment District is awarded
to Eriksson, Peters, Thoms & Associates of San Juan Capistrano
at $2,500.
9. REQUEST FOR REDUCTION IN GRADING SURETY BONDS,
' (85) The request to reduce the amount of the grading surety bonds
for Tract 7673, 8485 and 9382 is denied with the condition
that staff may refer the matter to the Council in the future
if it is deemed appropriate, as set forth in the report
dated July 5, 1979, from the Director of Public Works.
10. EXTENSION OF REVISED AGREEMENT FOR LEASE OF
CITY PROPERTY (4-H CLUB)
(38) The Amendment to the Revised Agreement for the Lease of City
Property for Boarding Livestock, Dated June 1, 1977, which
extends the term to December 31, 1979, or until transfer of
all livestock and material from the San Juan Capistrano
utility yard site, is approved and the Mayor and City Clerk
are authorized to execute the agreement on behalf of the City.
11. STATUS REPORT OF CONSTRUCTION ADJACENT TO
SUNHOLLOW, TRACT 7673
(85) The status report advising that on June 21, 1979, the Sunhollow
Homeowners Association accepted the landscaping and irrigation
systems repairs completed by Maurer Development Company is
ordered received and filed.
' CREDIT FOR SYSTEMS DEVELOPMENT FEES, A.C. 76-10 (WOOLSEY)
(68) Written Communications:
Report dated July 5, 1979, from the Director of Public
Works regarding a request for reimbursement of $33,959
submitted by F. W. Development, Inc., for Systems Development
taxes paid on Phases 2 and 3 of the Casitas de Alipaz apartment
complex due to the amounts previously paid towards the
installation of a traffic signal at Alipaz and Del Obispo
Streets. There was a concurrence of Council that consideration
of this request be held over pending clarification of the
manner in which the project is being marketed.
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ADMINISTRATIVE ITEMS
CITY MANAGER
1. REQUEST FOR CONTINUATION OF 1978-79 BUDGET EXPENDITURES
(24) Written Communications:
Report dated July 5, 1979, from the City Manager recommending
that, during the interim period between the June 30 end of
the fiscal year and the formal adoption of the 1979-84 budget,
continuation of the 1978-83 budget be authorized with a hold
on capital project expenditures and new personnel changes. A
budget hearing schedule was also forwarded for approval.
Approval of Budget Continuation/Hearing Schedule:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to authorize the continuation
of the 1978-83 Five Year Budget with a hold on capital project
expenditures and new personnel changes; and, to approve the
dates for budget hearings on Wednesday, July 11 and Saturday,
July 14, with the notation that the budget schedule is tentative
with dates certain and that further hearings will be scheduled
if necessary.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT - MEREDITH CANYON
LANDSCAPING, TRACTS 8087 AND 8319
(85) Written Communications:
Report dated July 5, 1979, from the Director of Community
Planning and Development regarding the current status of
landscaping repairs.
With the concurrence of Council, Mayor Friess directed that
the report be received and filed.
CITY COUNCIL APPEAL OF
ITE DEVELOPMENT PLANS -
(85) On June 20, 1979, the City Council appealed the Planning
Commission approval of the Composite Development Plans for
Tract 9299 due to the apparent height of the four proposed
residences fronting Del Obispo Street.
Written Communications:
Report dated July 5, 1979, from the Director of Community
Planning and Development setting forth the conditions of
approval established by the Planning Commission on June 12,
1979.
A view analysis with superimposed residential structures
was on display, and Larry Lawrence, Senior Planner, made an
oral presentation. Mayor Friess verified that all trees shown
along Aguacate Road would be retained; some dead trees shown
in the analysis will be removed.
Approval of Traditional Spanish Design:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to follow the recommendation —
of the Architectural Board of Review that the traditional
Spanish stucco/tile design is most appropriate for Lots 1, 2
and 4.
roval of Grad
and Architectural Conc
It was moven Dy councilman DUOIUI1 1111, uy . --.-- .......
Hausdorfer and unanimously carried to approve the grading,
landscape, and architectural concepts subject to the conditions
imposed by the Planning Commission on June 12, 1979.
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393
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1.
(74) Proposal:
(93) A request for deferral of payment of Agricultural Preservation
and Drainage Fees until application is made for building
permits for permanent school facilities.
' Applicant:
St. Margaret's Episcopal Church, P. O. Box 818, San Juan
Capistrano, Helen Pointer, Building Committee Chairman.
Written Communications:
Report dated July 5, 1979, from the Director of Public Works
estimating that the fees requested for deferral would amount
to $13,020 and recommending that the request be denied.
William Hussy, representing St. Margaret's Church, addressed
the Council and advised that the Church expects to commence
the permanent building in approximately one year.
Approval of Request for a One -Year Period:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the request and
to defer the requirement for payment of Agricultural Preservation
and Drainage Fees for a 12 -month period of time until July 5,
1980.
2. APPROVAL OF PERMIT FOR 10 KILOMETER RUN (JOGGER RUNNING STORE
(65) Proposal:
A request for approval of a permit for a 10 Kilometer run in
' the City on August 18, 1979, starting at 7:30 A.M., with
proceeds benefitting the Olympic Committee.
Applicant:
The Jogger Running Store, 33611 Del Obispo Street, Dana Point.
Written Communications:
Report dated July 5, 1979, from George Alvarez, Traffic and
Transportation Commission Secretary, forwarding the recommendation
made by the Commission on June 21 that the event be approved
with a license fee of $2,500 to cover support services for
personnel, traffic control, administration and Sheriff assistance.
If the actual costs are less, the difference would be refunded
subject to receipt of a written request from the applicant.
Mayor Friess suggested that volunteer assistance be requested
in order to minimize costs. Mike Schlimmer, owner of The
Jogger, noted that the event is to help defray some of the
costs for the Olympic Team and concurred in the use of volunteers.
Mayor Friess suggested that the Director of Recreation maintain
cost records for such runs in order to encourage additional
runs in the future.
Approval of Permit:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the permit to
conduct a 10 kilometer run within the City on August 18, 1979,
commencing at 7:30 A.M., to require a license fee of $2,500
from the applicant, and to set a public hearing on July 18, 1979,
for the necessary street closures. In addition, staff assistance
is requested in encouraging the expenditure of as little money
as possible for the event.
3. USE OF SERRA CAPACITY BY CAPISTRANO BEACH SANITARY DISTRICT
(79) Proposal:
Affirmation of an approval by the South East Regional Reclamation
Authority Board of Directors that the Capistrano Beach Sanitary
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L
District be allowed the use of .6 MGD of SERRA's capacity to
institute a Digester Clean Out Project mandated by the
Regional Water Quality Control Board. The capacity use
would be for a 6 -month period of time, with a one dollar
lease fee and payment of wastewater treatment costs in the
amount of $3,486 per month. The City would receive a monthly
credit from Project Committee No. 2 in the amount of $727.39.
Written Communications:
Report dated July 5, 1979, from the Director of Public Works.
Approval of Proposal:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to set the cost to treat
the Capistrano Beach Sanitary District sewage at $3,487 for
the month of July and $3,486 per month thereafter, payable
to SERRA; said capacity use, treatment and related costs
may terminate at any time prior to December 31, 1979.
COMMISSIONS, BOARDS, COMMITTEES
ENVIRONMENTAL REVIEW BOARD
1. GENERAL PLAN AMENDMENT 79-2B - PROGRAM
(46) Proposal:
Approval of a program of procedure for providing Council -
requested supplemental information on the following Environ-
mental Impact Report areas: sewage treatment plant capacity,
drainage facilities, traffic, amounts of grading, school
fees.
Written Communications:
Report dated July 5, 1979, from the Director of Community
Planning and Development forwarding the following program,
as recommended by the Environmental Review Board on June 19:
(1) Preparation of a summary of the major project impacts,
mitigation measures, and alternatives. Mitigation
measures would be expanded upon without regard to
apparent feasibility or economic constraints.
(2) A schedule of public improvements required by the
combination of the Glendale Federal project, plus
other projects in the vicinity. Examples would
include improvements; such as, expansion of the sewage
treatment plant, widening of Camino Capistrano bridge,
and improvement of La Novia Avenue.
(3) Generation of two alternative land use plans. One
plan alternate would be developed from the comments of
the Planning Commission and a second plan developed by
staff. Each plan alternate would be fully analyzed in
the EIR.
The report also forwards a June 15, 1979, estimate of the work
in providing the supplemental information from Ultrasystems,
Inc., at a cost of $2,800-$5,600. Glendale Federal has
agreed
to accept the cost.
Discussion:
Mayor Friess suggested Council create a committee composed
of members of the City Council, Planning Commission, and the
community to provide input on the additional information so that
the resultant report is more of a community document, rather
than a staff document.
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The Director of Community Planning and Development noted that
the addition of a committee could delay the timetable and
advised that staff intends to submit frequent reports to the
Council so that both the Council and the public are aware
of the progress. Councilman Hausdorfer noted that he does not
wish to delay progress, but that every possible alternative
should be considered. The City Manager noted that staff has
estimated that the supplemental work would take from 90 to 120
days and that if a committee is formed, the members should be
under the same time constraints. Mayor Friess commented that
a committee could evaluate the work in progress during the next
90 days in order to have an opportunity to respond before public
hearings are held.
Approval of Proposed Program:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the program for
providing additional Environmental Impact Report information
as set forth above, including the submission of frequent progress
reports to the Council as a means of informing both Council and
the public of the status of the program.
Mayor Friess advised that he will resubmit the subject of
forming a committee at a subsequent Council meeting.
EQUESTRIAN COMMISSION
1. WAGON WHEEL STABLES LEASE
(38) The City Clerk/Secretary to the Equestrian Commission reported
insurance coverage provisions of the lease between the City
and Wagon Wheel Stables had been met and that no action was
required by the City Council.
CULTURAL HERITAGE COMMISSION
1. MONTANEZ ADOBE LEASE TRANSFER
(23) Proposal:
Completion of the transfer of the existing lease between the
County of Orange and Forrest and Marlijo Dunivin for restoration
of the Montanez Adboe from the County to the City. Two agreements
are involved, one releasing the County from the lease with the
Dunivins and one assigning the lease to the City in conjunction
with the release of revenue sharing funds for restoration purposes.
Written Communications:
Report dated July 5, 1979, from Pamela Hallan, Secretary to
the Cultural Heritage Commission, recommending that both
agreements be approved and advising that the County intends
to transfer the sum of $19,883.16, less administrative costs,
and that the City has applied for Historic Preservation Act
Grant funds to further offset restoration costs.
Approval of Agreements:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried that the following Agreements
be approved and that the Mayor and City Clerk be authorized to
sign the documents on behalf of the City:
(1) Agreement of Novation No. D-79-064 releasing the
County from all liability and obligations set forth
in the Agreement of February 14, 1978, between the
Orange County Harbors, Beaches and Parks District and
Forrest R. Dunivin and Marlijo Dunivin, lessors, which
was entered into for the purposes of development,
maintenance, and operation of the Montanez Adobe located
on Los Rios Street in the City of San Juan Capistrano,
and transferring all rights and interests in the Agreement
to the City; and,
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(2) Agreement No. D-79-024 between the City, the Orange
County Harbors, Beaches and Parks District, and the
County of Orange, assigning the lease with the Dunivins
to the City and releasing the sum of $19,883.16 in
Revenue Sharing funds, less administrative costs, to
the City for use in restoring the Montanez Adobe.
Council was advised that modifications to the lease may be
requested by Mr. Dunivin.
AD HOC EMPLOYEE RETIREMENT COMMITTEE
1. SPECIFIC CHARGE OF COMMITTEE
(23) Proposal: -
Approval of a proposed specific charge for the Ad Hoc Employee
Retirement Committee, as directed by the City Council on
May 16, 1979. The duties include review and analysis of
the City's and other retirement systems and restrictions
under which changes may be proposed. The Committee is to
submit its recommendations no later than October 1, 1979,
and then be dissolved.
Approval of Specific Charge:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the specific
charge of the Committee, as presented; Marty Bryant will
represent the Employees' Association, as recommended by
that Association, and the Committee will be expanded to
include representation by a member of the Water Advisory
Board.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. PETITION REQUESTING REMOVAL OF PAPER COLLECTION BINS —
(72) Councilman Hausdorfer noted the Petition received from 11
residents of Paseo Naranja and Paseo Nogal requesting that
the Boys' Club paper collection bins be removed from the
southeast corner of Camino Capistrano and La Zanja, due to
unsightliness of discarded debris.
There was a consensus of Council that the Boys' Club be
requested to move the bins and that staff discuss the possi-
bility of finding alternate locations for the bins with
representatives of the Club.
2. CALIFORNIA COASTAL COUNCIL
(27) Councilman Hausdorfer requested further information on the
letter dated June 19, 1979, from Joseph C. Mastroianni,
Executive Director, California Coastal Council, regarding
the Coastal Act and centralized land use planning by the State.
3. CALLE SAN REMO TRAFFIC
(87) Councilman Buchheim advised that complaints are still being
received of heavy construction traffic on Calle San Remo;
Mayor Friess advised that two signs have been installed
indicating that Calle San Remo is closed to through traffic.
With the concurrence of Council, Mayor Friess requested
that the City Manager meet with the Superintendent of the
Los Corrales development regarding delivery directions given
to construction suppliers.
4. ORANGE COUNTY HOUSING AUTHORITY
(56) Councilman Schwartze noted receipt of a letter dated June 22,
1979, from the Orange County Housing Authority regarding the
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possible assumption of that function by the County Administrative
Office. Staff was requested to contact Jessica Dean, the
City's representative on the Housing Authority, for further
information.
5. SCAG AVIATION ASSISTANCE STUDY MEETING
(61) Councilman Schwartze adivsed that he would attend a Southern
California Association of Governments meeting on July 12 for
discussion of an aviation assistance study with elected
officials.
6. EMPLOYEE EVALUATION FORMS
(66) Mayor Friess requested that the service evaluation forms
requested by Council be set out for public use.
7. FLOW CHART FOR DEVELOPMENT PROCESSING
(85) Mayor Friess discussed the check list flow chart for development
processing with the Director of Community Planning and Development.
RECESS AND RECONVENE
Council recessed to Executive Session at 9:55 P.M., the City Clerk
being excused therefrom, and reconvened at 10:50 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:50 P.M., to the next meeting date of Wednesday,
July 11, 1979, at 6:30 P.M., in the City Council Chamber.
ATTEST:
1
KENNETH E. RIESS, MAYOR
Respectfully submitted,
MARY ANy'!ANOVER,-C-ITY- -CLERK
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