78-0405_CC_Minutes_Regular Meeting356
APRIL 5, 1978
OFFICE VACANT: One
STAFF PRESENT: James S. Mocalis, City Manager; Thomas G. Merrell,
Director of Community Planning and Development; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services; George
Alvarez, Traffic Engineer; James S. Okazaki, City Attorney, Mary Ann
Hanover, City Clerk.
MINUTES
Adjourned Regular Meeting of March 14, 1978:
It was moved by Councilman Thorpe; second a by Councilman Hausdorfer
that the Minutes of the Adjourned Regular meeting of March 14, 1978,
be approved as submitted. The motion carried by the following vote:
The Regular
Meeting of
the City Council of the City of San Juan
Capistrano,
California,
was called to order by Mayor Friess at
7:17 P.M.,
in the City
Council Chamber, followed by the Pledge of
'
Allegiance
to the Flag.
Invocation was given by Earl Gaston,
Member, Baha'i
of San Juan Capistrano.
ROLL CALL
It was moved by Councilman Haus orfer; seconded
PRESENT: Kenneth E. Friess, Mayor
that the Minutes of
the Regular meeting of
James F. Thorpe, Mayor pro tem
Gary L. Hausdorfer, Councilman
'
approved as submitted.
The motion carried
Phillip R. Schwartze, Councilman
AYES:
Councilmen Hausdorfer,
ABSENT: None
OFFICE VACANT: One
STAFF PRESENT: James S. Mocalis, City Manager; Thomas G. Merrell,
Director of Community Planning and Development; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services; George
Alvarez, Traffic Engineer; James S. Okazaki, City Attorney, Mary Ann
Hanover, City Clerk.
MINUTES
Adjourned Regular Meeting of March 14, 1978:
It was moved by Councilman Thorpe; second a by Councilman Hausdorfer
that the Minutes of the Adjourned Regular meeting of March 14, 1978,
be approved as submitted. The motion carried by the following vote:
and Mayor Friess
NOES: None
' ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTIONS OF COMMENDATION FOR RETIRING COUNCIL MEMBERS
(32) Mayor Friess read Resolutions in full commending retiring
Council Members Sweeney, Nash and Heckscher for their service
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AYES:
Councilmen Hausdorfer,
Schwartze, Thorpe
and Mayor Friess
NOES:
None
'
ABSENT:
None
Regular Meeting of
March 15, 1978:
It was moved by Councilman Haus orfer; seconded
by Councilman Schwartze
that the Minutes of
the Regular meeting of
March 15, 1978, be
approved as submitted.
The motion carried
by the following vote:
AYES:
Councilmen Hausdorfer,
Schwartze, Thorpe
and Mayor Friess
NOES:
None
ABSENT:
None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman
Schwartze, seconded
by Councilman Thorpe
that all Ordinances
be read by title only.
The motion carried by
the following vote:
AYES:
Councilmen Hausdorfer,
Schwartze, Thorpe
and Mayor Friess
NOES: None
' ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTIONS OF COMMENDATION FOR RETIRING COUNCIL MEMBERS
(32) Mayor Friess read Resolutions in full commending retiring
Council Members Sweeney, Nash and Heckscher for their service
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357
to the community during their terms of office from March 12, 1974,
to March 14, 1978; Councilman McDowell resigned from office
after serving 2 years from March 9, 1976,to March 14, 1978.
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 78-4-5-1, COMMENDING JOHN B. SWEENEY -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SU
JUAN CAPISTRANO, CALIFORNIA, COMMENDING JOHN B. SWEENEY
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: None
It was moved by Councilman Thorpe and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 78-4-5-2, COMMENDING RICHARD D. MCDOWELL -
RESOLUTION OF THE CITY COUNCILO THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, COMMENDING RICHARD D. MCDOWELL
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: None
It was moved by Councilman Schwartze and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 78-4-5-3, COMMENDING DOUGLAS B. NASH -
A RESOLUTION OFT E CITY COUNCIL OF THE CITYOF-TEN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING DOUGLAS B. NASH
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: None
Mayor Friess presented the Resolution to Mr. Nash, along
with a City Seal plaque with gavel denoting Mr. Nash's term
as Mayor from March 9, 1976, to March 16, 1977, and a mounted
retirement badge.
It was moved by Councilman Schwartze and seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 78-4-5-4, COMMENDING YVON O. HECKSCHER -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING YVON O. HECKSCHER
The motion carried by the following vote:
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AYES:
NOES:
ABSENT:
Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
None
None
358
Mayor Friess presented the Resolution to Mr. Heckscher, along
with a City Seal plaque with gavel denoting Mr. Heckscher's
term as Mayor from March 16, 1977, to March 14, 1978, and a
mounted retirement badge.
Council commended Administrative Assistant Loretta Murray
for preparation of the Resolutions.
PERSONNEL - INTRODUCTION OF ASSISTANT CITY MANAGER/DIRECTOR OF
ADMINISTRATIVE SERVICES
(66) The City Manager introduced E. Phillip Hale to the Members of
the Council. Mr. Hale commenced his employment as Assistant
City Manager/Director of Administrative Services on March 20,
1978.
ORAL COMMUNICATIONS
1. ORTEGA HIGHWAY PROPERTIES - REZONE 78-1
(95) Father Ernest Sillers, Priest in Charge of St. Margaret of
Scotland Episcopal Church, addressed the Council to request
that the master plan for the Ortega Highways development be
favorably considered when brought before the Council.
2. TRACT 9784 (MISBIN)
(85) John Urbanowski, 33932 Avenida Calita, addressed the Council
' and presented a petition signed by approximately 61 residents
of the Leadership and Meredith Tracts in the Alto Capistrano
area of the City. The petition states objection to the proposed
building of the 102 -home Misbin tract and to the petition
previously presented by Charles Buell, President of the Alto
Capistrano Homeowners Association. Mr. Urbanowski requested
additional time to gather signatures and stated that the
Homeowners Association does not represent the majority of
homeowners in the Alto Capistrano area.
3. GENERAL PLAN OPEN SPACE PROGRAM
(46) Marilyn Williams, 29931 Camino Capistrano, addressed the
Council regarding financial means for implementing the General
Plan Open Space Element and lack of compensation to property
owners by local government. Mrs. Williams suggested that
some means of City purchase of open space lands be initiated,
since the financial aspects of the Open Space Element have
not been adequately addressed.
4. AGRICULTURAL PRESERVATION FUND - ENVIRONMENTAL IMPACT REPORT
FOR USE OF PESTICIDES
(68) Shig Kinoshita, 27015 Calle Real, Capistrano Beach, read a
notice dated March 27, 1978, addressed to pesticide use permit
' holders from the County Department of Agriculture, which
advises that after July 1, 1978, unless a solution is found,
all pesticide permits will require an environmental impact
report prior to issuance, since the EIR proposed by the State
Department of Food and Agriculture does not meet the require-
ments of the California Environmental Quality Act. Mr. Kinoshita
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359
requested that the City assist local farmers in preparing such
EIR and that immediate steps be taken so that farmers may
comply with CEQUA; the use of agricultural fund monies for
this purpose was suggested.
In response to Mayor Friess, the Director of Community Planning
and Development advised 30 days would be the minimum time to
prepare an EIR for public review and hearings. Mayor Friess
suggested that the City address letters to State legislative
representatives requesting support in setting aside the
immediate effect of the July 1st deadline and in finding a
legislative approach for a State-wide environmental impact
report; Mr. Friess also suggested that an emergency EIR be
processed as a reasonable use of Agriculture Preservation
Funds. There was a general consensus of Council support _
for the Mayor's statements.
STATUS OF CAPISTRANO AIRPORT CLOSURE
(88) Mayor Friess requested that those persons in the audience
wishing to address the Capistrano Airport Report advise the
Council of their intent and 10 persons so indicated. The
item was then taken out of order on the Agenda for the
benefit of those members of the audience.
Written Communications:
(1) Report dated April 5, 1978, from the City Manager
recommending that the Airport closure date of June 1,
1978, not be extended, that the Planning Commission
review the Land Use Permit, and that staff draft a
Joint Powers Agreement for an alternate general
aviation airport site in the south County.
(2) Report dated January, 1978, prepared by the County
General Services Agency, Airports Division, entitled, —
"Orange County General Aviation, Needs and Airport Sites
Review."
(3) Telegram received April -'5, 1978, from John L. Baker,
President, Aircraft Owners and Pilots Association, in
opposition to airport closure and recommending that such
action be deferred until the alternative airport is
established.
Oral Communications:
(1) Norman G. Ewers, Plans and Programs Officer, Orange
County Airport, 18741 Airport Way North, Santa Ana
92707, and team leader of the report cited in No. 2 above,
recommended that the Airport Division study be allowed
to continue, that airport closure be extended for 6
months before determining whether progress has been
meaningful, that existing constraints be removed from
the airport operation, and that the concerned parties _
be brought together for possible solution of differences.
(2) Franklin Dimino, representing the South County Airport
Association, stated that an environmental impact report
is needed to meet California Environmental Quality Act
requirements, the Airport is safe, the closure date should
be extended, and the majority of the City expense is
for Airport Compliance Officers.
(3) James R. Evans, Chairman, Meadowlark Wing of the Orange
County Pilots' Association, 16956 Edgewater Lane,
Huntington Beach 92649, advised that the City of
Hungtingon Beach had formed an Airport Committee and
with pilot cooperation had resolved the problems by
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360
drawing up noise abatement and flight safety
procedures and by disciplining pilots. A new
organization will be called the General Aviation
League formed for the purpose of improving existing
facilities and safety and constructing new facilities.
(4) Truman Bailey, 1407 Buena Vista, San Clemente, aircraft
owner, requested that the closure date be extended
for 6 months so that it can be demonstrated that
positive progress is being made towards implementing
an alternate site.
(5) Tony DiGiovanni, 909 Avenida Presidio, San Clemente,
suggested that Council form an Airport Committee of
local residents.
(6) Bruce Church, representing the San Juan Alliance of
Homeowners Associations, 26851 Canyon Crest, spoke in
favor of closing the airport.
(7) Marie Christianson, Chairman, Orange County 99ers, a
national women pilot's organization, advised that the
County has requested their group support in keeping
airports open and that they would work towards making
the airport more safe.
(8) Joe St. Jean, 33152 Via Mayor, Mission Bell Ranch,
spoke in favor of closing the airport.
(9) Dick Fontaine, President of Martin Aviation, Orange
County Airport, requested that the airport operation
be allowed to continue until another site can be
developed.
Council Discussion:
'Council em ers noted that the Airport has been designated an
interim use facility for many years, that significant progress
on locating an alternate site has not been made, and that there
appears to be no justification for extending the use beyond
the June 1, 1978, closure date.
Affirmation of June 1, 1978, Closure Date/Authorization to
Draft Joint Powers Agreement:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried as follows:
(1) That the Airport closure date of June 1, 1978,
established by Resolution No. 77-7-20-3 not be
extended;
(2) The Planning Commission be directed to review Land
Use Permit 70-103 for existing compatability with
surrounding uses and adherence to specified condi-
tions; and,
(3) Staff be directed to draft a Joint Powers Agreement
between the cities of San Juan Capistrano and San
Clemente and the County of Orange in order to provide
for site selection, acquisition and operation of an
alternative general aviation airport in the South
.Orange County area.
WRITTEN COMMUNICATIONS
1. SENATE BILL 201 (CAPISTRANO UNIFIED SCHOOL DISTRICT)
(78) Letter dated March 9, 1978, from Truman Benedict, Deputy
Superintendent, Capistrano Unified School District, advising
that the Board of Trustees had directed on March 6th that
staff invoke the provisions of Senate Bill 201 in comments
-5- 4/5/78
361
on any new development. The Bill authorizes requirements
for dedication.of land or fees for school facilities in
conjunction with subdivision developments.
Sam Chicas, Assistant Superintendent, addressed the Council,
and there was a consensus that the matter be referred to City
and District staffs for report at a later date.
2. VIA DE AGUA SIDEWALK AND TRAFFIC
(81) Letter dated March 6, 1978, from J. W. Knasiak, 33741 Via de
Agua, in support of dual access, a cul-de-sac, and possible
one-way street. With Council concurrence, Mayor Friess
directed that the letter be received and filed.
3. COUNTY BUS BENCH PROGRAM
(60) Letter dated March 6, 1978, from Edward F. Loritz, General
Manager, Orange County Transit District, forwarding a
proposed cooperative bus bench program. With Council
concurrence, Mayor Friess directed that the letter be
received and filed.
4. ORTEGA HIGHWAY PROPERTIES - REZONE 78-1
(95) Letter dated March 8, 1978, from Paul T. Salata, 4321 Birch
Street, Suite 1-B, Newport Beach 92660, appealing the
February 28th action of the Planning Commission. With
Council concurrence, Mayor Friess directed that the letter
be received and filed for consideration during the April 19th
Public Hearing.
Letter dated March 21, 1978, from Robert C. Rusack, Bishop
of the Episcopal Church, 1220 West Fourth Street, Los Angeles
90051, requesting support of Rezone 78-1. With Council
concurrence, Mayor Friess directed that the letter be
received and filed for consideration during the April 19th
Public Hearing.
REQUEST FOR STOP SIGN - DEL OBISPO/ALIPAZ STREETS
(82) Letter dated March 8, 1978, from Mrs. James Abbey requesting
installation of a stop sign at the intersection of Del Obispo
Street and Alipaz Street. With Council concurrence, Mayor
Friess directed that the letter be referred to the Traffic
and Transportation Commission for report.
6. BUILDING DEFICIENCIES/RAIN DAMAGE, TRACT 7626 (SUN HOLLOW)
(25) Letter dated March 12, 1978, from Mrs. F. K. Clancy,
31581 Moonglow Lane, and petition from residents of Sun
Hollow regarding building deficiencies and rain damage.
With Council concurrence, Mayor Friess directed that the
Public Works Building and Safety Division report back on
means of rectifying the problems and area of responsibility.
RECESS AND RECONVENE
Council recessed at 8:57 P.M., and reconvened at 9:10 P.M.
APPOINTMENT OF LAWRENCE F. BUCHHEIM AS
MEMBER OF THE CITY COUNCIL
(32) Written Communications:
Report ate pri 5, 1978, from the City Clerk forwarding
applications for appointment to the City Council from
the following residents: Mary Morgan Abe, Lawrence F.
Buchheim, Roy L. Byrnes, Susan J. Cummings, Robert J.
Davies, Glenda Guerrero, Michael T. Imlay, Stanley C.
Morse, George W. Riley, George R. Vraney, James K.
Weathers, and Marilyn C. Williams.
-6- 4/5/78
362
Appointment:
01137 owing a preliminary ballot and Council discussion, it was
moved by Councilman Schwartze, seconded by Councilman Thorpe
and unanimously carried that Lawrence F. Buchheim, 32012 Avenida
Evita, be appointed as a Member of the City Council to fill
the unexpired term of Richard D. McDowell, who resigned from
the position effective March 14, 1978. Mr. Buchheim is required
to file a Statement of Economic Interests 10 days before
assuming office and will take the Oath of Office at the
meeting of April 19, 1978.
' Council expressed their appreciation to all of the persons
who applied for the position; Mr. Buchheim accepted the
appointment and thanked candidates and the Members of the
City Council.
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION DETERMINATION RE
(46) This Public Hearing is continued from the meeting of March 15,
1978, for the purpose of allowing the applicant and staff to
establish possible acceptable conditions of approval which
could minimize the impacts of the proposed residence on the
designated ridgeline.
Written Communications:
Report a e pril 5, 1978, from the Director of Community
Planning and Development forwarding Recommended Conditions.
Mr. Merrell noted that Condition 5 should refer to a
10 -foot -wide equestrian trail since the additional 10
feet will be dedicated by the adjoining property owner;
and that Mr. Frost had not intended to offer development
rights transfer for both parcels of 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) Jess Frost, applicant, 26851 Mission Hills Drive, stated -
his opposition to further conditions, requested that the
project be found consistent with the General Plan with
no conditions, and indicated he would not pursue the
matter through the General Plan Amendment process.
(2) Gloria Rogers, 30131 Branding Iron Road, spoke in
opposition to placement of any structures on the
ridgeline.
(3) Thulin Cutler, 30171 Silver Spur Road, stated that since
Mr. Frost has withdrawn his March 15th offer,of conditions,
the petition from the Mission Hills Homeowners Association
would stand.
(4) Michael Berns, 26921 Canyon Crest Road, requested that the
proposal either be denied or processed through General
Plan Amendment hearings.
' (5) Bruce Church, 26851 Canyon Crest Road, stated that since
the General Plan refers to hillside regulations, possibly
a ridgeline policy should be established.
The Public Hearing was then declared closed.
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363
Finding of Inconsistency:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to confirm the Planning
Commission determination and find the proposal inconsistent
with the General Plan.
2. MOGAN ANNEXATION PROTEST HEARING
(21) Written Communications:
Report da e pril 5, 1978, from the Director of
Community Planning and Development.
(2) Letter dated April 3, 1978, from L. M. Lashbrook,
210 West Mariposa Avenue, San Clemente, protesting
the inclusion of property within the annexed area. _
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) Richard Mogan, 267 Tigertail Road, Los Angeles, urged
approval of the annexation.
The Public Hearing was then declared closed.
Approval of Annexation:
Since majority protest was not received, it was moved by
Councilman Schwartze, seconded by Councilman Hausdorfer
and unanimously carried as follows:
(1) Determine that the annexation as amended by the
Local Agency Formation Commission will be approved;
(2) Continue the item to April 19 and direct staff to
prepare the following draft documents for that
meeting:
(a) Resolution finding no majority protest,
(b) Ordinance approving annexation;
(3) Refer the issue of prezoning for the Lashbrook and
Mansell properties to the Planning Commission for
public hearing and recommendation.
3. APPEAL OF PLANNING COMMISSION ACTION -
ZONE VARIANCE 77-24 (CONTER)
(92) Proposal:
ppA eaI of the Planning Commission's February 28th denial
of a zone variance application to permit a residential room
addition to encroach 15 feet into the required 25 -foot
minimum rear yard setback in the RS (Single Family) District.
Applicant:
out-Conter, 32022 Paseo de Hermosa, San Juan Capistrano.
Written Communications:
(1) Report dated April 5, 1978, from the Director of Community
Planning and Development recommending that the variance
be denied as setting an undesirable precedent for the
remainder of the development.
(2) Petition signed by 12 residents of the area in support
of the variance request.
Public Hearing:
Notice aving been given as required by law, Mayor Friess
declared the Public Hearing open, and the following persons
addressed the Council:
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364
(1) Louis A. Conter, applicant, requested approval of
the variance.
The Public Hearing was then closed.
Approval of Zone Variance 77-24:
I was move y ounce man ausdorfer and seconded by
Councilman Schwartze that the application for a zone
variance be approved. The motion carried by the following
vote:
' AYES:
NOES:
ABSENT
Councilmen Hausdorfer, Schwartze
and Mayor Friess
Councilman Thorpe
None
4. APPEAL OF PLANNING COMMISSION ACTION -
74-1
(92) Proposal:
(39) ppea of the February 28th Planning Commission denial of a
zone variance application to reduce the rear yard setback to
a minimum of 5 feet in conjunction with a commercial/industrial
site plan along Alipaz Street south of San Juan Mobile Estates.
Applicant:
Lard Engineering, 866 West 16th Street, Newport Beach 92660,
on behalf of F. J. Baier, #1 Canal Circle, Newport Beach 92663.
Written Communications:
Report dated pril 5, 1978, from the Director of Community
Planning and Development forwarding the recommendation
' of the Planning Commission that the setback be a minimum
of 10 feet with landscaping.
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) Fred Baier, applicant, requested approval of the
5 -foot rear yard setback.
(2) Elmer Christiansen, civil engineer, spoke in favor of
the variance.
The Public Hearing was then closed.
Denial of Appeal:
It was move y Councilman Hausdorfer and seconded by Councilman
Thorpe to deny the appeal and confirm the action of the
Planning Commission. The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe
and Mayor Friess
NOES: Councilman Schwartze
ABSENT: None
The hour of 11:00 P.M. having arrived, there was a Council consensus
to continue the meeting.
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365
ORDINANCES
1. AMENDMENT TO
295 RE TEMPORARY
(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. It was moved by Councilman Schwartze and seconded
by Councilman Hausdorfer that the following Ordinance be
introduced:
ORDINANCE NO. 352, TEMPORARY STREET CLOSURES -
N ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CERTAIN SECTIONS OF ORDINANCE
NO. 295 PERTAINING TO TRAFFIC REGULATIONS _
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: None
The Ordinance provides for issuance of permits for temporary
street closures and for placement of materials on City streets,
a $25 refundable clean-up deposit, and a $15 bail fee.
CONSENT CALENDAR
It was moved by Councilman Schwartze and seconded by Councilman
Thorpe 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
and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated April 5, 1978, Warrants Nos. 13696
through 13907, inclusive, in the total amount of $312,257.45
is approved as submitted.
2. REPORTS OF PLANNING COMMISSION MEETINGS OF MARCH 8
(67) The Reports of Actions taken by the Planning Commission at their
meetings of March 8 and 21, 1978, are ordered received and
filed.
3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF MARCH 14,
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of March 14, 1978, is ordered received and
filed.
4. REPORTS OF EQUESTRIAN COMMISSION ACTIONS OF MARCH 13
N M C 7
(23) The Reports of Actions taken by the Equestrian Commission at
the meetings of March 13 and 27, 1978, are ordered received
and filed.
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C
5. AWARDS OF BIDS FOR BUILDING AND SAFETY DIVISION VEHICLES
(75) The following bids are awarded to the low qualifying bidders,
and all other bids are rejected:
Roger Miller Chevrolet - Two 4 -door sedans @ $8,785.83
E1 Camino Ford - One pickup truck @ $4,944.26
6. AWARD OF BID FOR MODIFICATION TO DIGESTER GAS PIPING AT
PLANTTREATMENT
(79) The following bid is awarded to the qualifying bidder and
all other bids are rejected; the Mayor and City Clerk are
authorized to execute the contract on behalf of the City:
Weardco Construction Corporation - $25,286
7. ACCEPTANCE OF GRANT DEED FOR STREET RIGHT-OF-WAY PURPOSES
MnAry mr"n n n rrn
(85) The Grant Deed from Scott J. and Jan J. Raymond for easement
and street right-of-way purposes over the southwest corner of
Tract 9204 is accepted and the City Clerk authorized to
record said deed.
8. DENIAL OF CLAIM (DEL OBISPO LAND CORPORATION)
(35) The Claim filed on March 15, 1978, by Michael V. McIntire on
behalf of the Del Obispo Land Corporation in the amount of
$480,000, is denied and referred to the City's insurance
carrier, Dan Gorman Insurance.
9. AMENDMENT TO AGREEMENT FOR DAY
STRI
(38) The amendment to the Agreement between the City and the
County for the Summer Day Camp Program is approved and the
Mayor and City Clerk authorized to execute the Agreement on
behalf of the City. The amendments extend the Agreement to
December 31, 1978, and provide for a 30 -day cancellation clause.
10. AMENDMENT TO CONDITIONS OF APPROVAL FOR AUTO REPAIR CENTER
C 76-7, DIVISION OF LAND 75-5I
(85) Condition No. 5 of Planning Commission Resolution PC 76-9-14-2,
as amended by the City Council on September 21, 1977, is
further amended to read as follows:
"The applicant shall be required toprepare street
improvement plans for full improvements for all parcels
in Division of Land 75-5 (Muralt) on Camino Capistrano
to include curb and gutter, sidewalks, required street
sections, underground utilities, and street lights all
in accordance with City standards and policies: the
applicant shall also prepare interim street improvement
plans and construct same to the satisfaction of the City
Engineer and prior to release of occupancy permits. The
applicant shall provide an acceptable surety device in a
sufficient amount to insure construction of ultimate
improvements along the frontage of his property; the
finance amount of the surety device shall include the
cost of transition paving to meet existing pavement and
shall be adjusted by 10% for contingencies and 10% for
inflation. The required plans shall be approved, and
surety device submitted, meeting the approval of the
City Engineer prior to release of building permits."
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4/5/78
367
RESOLUTION CANCELLING ARTERIAL HIGHWAY FINANCING PROGRAM NO. 860
(44) It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe that the following Resolution be adopted:
RESOLUTION NO. 78-4-5-5, CANCELLATION OF AHFP NO. 860
ORTEGA HIGHWAY - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY O UAN CAPISTRANO, CALIFORNIA, CANCELLING
AN IMPROVEMENT PROJECT ON ORTEGA HIGHWAY, COUNTY OF
ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM NUMBER 860 —
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: None
INITIATION OF GENERAL PLAN AMENDMENT 78-2
(46) It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to receive and file the
report dated April 5, 1978, from the Director of Community
Planning and Development advising that no petitions for
inclusion in General Plan Amendment 78-2 have been received.
TREATMENT PLANT MODIFICATION -
(79) It was moved by Councilman Thorpe, seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 78-4-5-6. AMENDING THE BUDGET FOR
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE BUDGET FOR 1977-78 FISCAL YEAR
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSENT: None
The Resolution approves the budget for Project Committee
No. 7-A in the amount of $38,000; and, authorizes the
expenditure from the Sewer Enterprise Fund, Schedule of
Reserves/Future System Improvements, in the amount of
$20,000 as set forth in the Report dated April 5, 1978, from
the Director of Public Works.
TIME EXTENSION - SANTA MARGARITA WATER DISTRICT WASTEWATER
CAPACITY LO I
(38) Proposal:
request for a 6 -month extension to July 1, 1979,of
the Agreement with the Santa Margarita Water District for
Interim Treatment and Disposal of Wastewater dated
November 3, 1976.
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it was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried that consideration of
the request be contined to April 19, 1978, for discussion
of details of plant transfer and procedures for setting
meeting times. Mr. Thorpe suggested that Council Members
attend the April 13th SERRA Board meeting.
COUNCIL ACTIONS
1. APPOINTMENT TO PLANNING COMMISSION
' (67) It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried that Deirdra (Dee) Tyler,
26982 Via Banderas, be appointed to fill the vacancy on the
Planning Commission created by the election of Gary
Hausdorfer to the City Council.
2. APPOINTMENT TO TRAFFIC AND TRANSPORTATION COMMISSION
(23)
It was moved by Councilman Hausdorfer, seconded by Mayor
Friess and unanimously carried that Jerry Kaufman, 27001 Calle
Don Carlo, be appointed to fill the vacancy on the Traffic
and Transportation Commission created by the resignation of
Raymond A. Green.
3.
APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW
(23)
With the concurrence of the Council, Mayor Friess directed
that the Planning Commission appoint one of their members
to fill the vacancy created by the election of Gary
Hausdorfer to the City Council.
4.
APPOINTMENT TO CULTURAL HERITAGE COMMISSION/COMMITTEES/
AND COUNTY ORGANIZATIONS
' (23)
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried that appointment to fill
the vacancy on the Cultural Heritage Commission created by
the resignation of Carmen Oyharzabal be held over for
consideration at the meeting of April 19th.
With the concurrence of the Council, Mayor Friess directed
that appointments to the Civic Center Committee and the
Commercial/Industrial Incentives Committee be held over
to April 19th and that vacancies on County organizations
be listed on that Agenda.
COUNCIL REMARKS
1. POLICY FOR SUBMISSION OF APPLICATIONS TO COMMISSIONS
BOARDS. COMMITTEES
(23) There was a consensus of Council to approve a policy that
(69) applicants file separate applications for appointment to
various City Commissions, Boards, and Committees, as
suggested by Councilman Thorpe.
2. CITY COUNCIL AGENDA
' (32) Mayor Friess requested that Council submit comments on a
proposed Agenda front sheet and also evaluate Council
meeting procedures.
3. DRAINAGE PROBLEMS ON FARMLANDS
(94) Mayor Friess requested that Public Works personnel meet with
Mr. Vermeulen in order to implement repair of a water line,
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369
as discussed at the Water Board meeting. Mr. Hausdorfer
suggested use of Agricultural Preservation Funds for drainage
fees.
4. COUNCIL/STAFF INFORMAL WORK SESSION
(32) Mayor Friess requested that an informal work session be set
within the next month between Council Members and Department
Heads so that the 4 new Council Members may have an
opportunity to ask questions of interest.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:32 P.M., to the next meeting date of Wednesday,
April 19, 1978, at 7:00 P.M., in the City Council Chamber.
ATTEST:
lid
Respectfully submitted,
/l
ARY AN��NOVER, CITY CLE K
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