78-0419_CC_Minutes_Regular Meeting370
APRIL 19, 1978
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Friess at
7:27 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by James F. Thorpe,
Mayor pro tem.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
James F. Thorpe, Mayor pro tem
Phillip R. Schwartze, Councilman
ABSENT: Gary L. Hausdorfer, Councilman
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; William D.
Murphy, Director of Public Works/City Engineer; Larry Lawrence, Senior
Planner; Tom Tomlinson, Associate Planner; James S. Okazaki, City
Attorney; Mary Ann Hanover, City Clerk.
OATH OF OFFICE -
LAWRENCE F. BUCHHEIM
(32) The City Clerk administered the Oath of Allegiance to Lawrence
F. Buchheim and presented a Certificate of Appointment. On
April 5, 1978, the City Council appointed Mr. Buchheim to
fill the 2 -year unexpired term of Richard D. McDowell, who
resigned from office effective March 14th; Mr. Buchheim
filed the required Statement of Economic Interests on
April 7th.
' The Council welcomed Mr. Buchheim, who then assumed his
seat as a Member of the City Council. The Roll Call was
then taken with Councilmen Buchheim, Schwartze, Thorpe,
and Mayor Friess present; Councilman Hausdorfer was absent.
MINUTES
Regular Meeting of April 5, 1978:
I was move y ounce manThorpe, seconded by Councilman Schwartze
that the Minutes of the Regular Meeting of April 5, 1978, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Schwartze, Thorpe and
Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: Councilman Hausdorfer
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 Schwartze, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
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PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION OF CINCO DE MAYO WEEK -
RIL 29 - MAY 6Y 1978
(71) Mayor Friess read in full the Proclamation of April 29 - May 6,
1978, Cinco de Mayo Week in the City. It was moved by Councilman
Thorpe, seconded by Councilman Schwartze and unanimously
carried that the Mayor be authorized to sign the Proclamation.
ORAL COMMUNICATIONS
1. VECTOR CONTROL - REQUEST FOR WAIVER
OF ORDINANCE NO. 276 (NORR—I-97
(74) Mr. Brett Norris, 31448 Calle La Purisima, addressed the
Council to request a waiver of Section 2 of Ordinance No. 276
for the purpose of removing 57 swallow nests at his residence,
due to insect infestation. Mr. Norris read a letter from
the Orange County Vector Control office which recommends
removal of the nests because of the health hazard. With
the concurrence of Council, Mayor Friess requested that
Mr. Norris contact the City Manager in order to proceed
with alleviating the problem.
2. TRAFFIC AND TRANSPORTATION COMMISSION
(23) Richard Nelson, Member of the Traffic and Transportation
Commission advised that he was present to answer any
questions regarding recommendations made by the Commission.
PUBLIC HEARINGS
1. REQUEST FOR REZONE 78-1 FOR PLANNED
ITY (ORTEGA PROPERTIES)
(95) Proposal:
request for a zone change from GM (Growth Management) to
PC (Planned Community) for 117 acres of land located south
of the Ortega Highway extending to San Juan Creek and
bounded on the east by La Novia and on the west by Interstate 5.
The Planning Commission reviewed the proposal on February 28th
and requested a continuance to March 28th, due to the
constraints of the Land Use Management Code, for the purpose
of receiving further information on traffic and air quality,
and for completion of review of specific permitted land uses.
The applicant declined to consent to the requested continuance;
therefore, the proposal is presented for City Council
determination.
AAp li�cant :
Ortega Highway Properties, c/o Haworth/Anderson/Lafer,
31706 Pacific Coast Highway, Suite 403, South Laguna 92677,
on behalf of 11 property owners listed in the Planning
Department Report.
Written Communications:
Report ate pril 19, 1978, from the Director of
Community Planning and Development recommending that
the general concept of the proposed land uses be
found acceptable and that the item be referred to
the Planning Commission for report on specific land
use designations.
(2) Draft Environmental Impact Report dated January, 1978,
prepared by Ecos Management Criteria, 206 West 4th
Street, Suite 333, Santa Ana 92701.
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372
(3) Letter dated April 17, 1978, from Mathew and Bertha
Thommes, 31426 Windsong Drive, in opposition to the
project.
(4) Letter dated April 10, 1978, from Thomas A. Mandich,
27595 Starrise Lane, in opposition to the rezone.
(5) Letter dated March 21, 1978, from Reverend Robert C.
Rusack, Bishop of the Episcopal Church, 1220 West
Fourth Street, Los Angeles, 90051, in favor of the
' project.
(6) Letter dated March 8, 1978, from Paul T. Salata,
4321 Birch Street, Suite 1-B, Newport Beach 92660,
on behalf of the project property owners.
(7) Letter dated March 18, 1978, from Ernest D. Sillers,
Vicar, St. Margaret's Episcopal Church, P. O. Box 818,
and signed by approximately 104 members of the congre-
gation, in support of a 6 -acre church site within the
project area.
The Director of Community Planning and Development and Mr.
Tom Tomlinson, Associate Planner, made oral presentations,and
exhibits were on display. The project has been divided into
5 zoning areas, including general commercial, industrial park,
flood plain areas, including open space, public institutional,
and planned development residential. Air quality impacts have
been referred back to the consultant for more detailed analysis.
The Planning Commission has recommended that a committee
be formed to allow input from residents in the decision-making
process.
Public Hearing:
otice having -bean given as required by law, Mayor Friess
' declared the Public Hearing open, and the following persons
addressed the Council:
(1) Carl Newhausen of the applicant's planning consultant
firm of Haworth/Anderson/Lafer, spoke in favor of the
plan as proposed, took issue with amendments to the
plan as presented by staff, and requested that the
property owners be consulted on suggested changes.
(2). Ridgely Ryan, Vice President, Capistrano Acres Mutual
Water Company, 31351 Los Cerritos Avenue, read a letter
dated April 19, 1978, regarding public utility easement
rights of his company through the project area. Col. Ryan
noted that the proposed development plan has not given
sufficient consideration to the utility well sites,
pipelines, and conditional uses; there is no objection
to agreed-upon relocation of water lines., current
overburden of lines must be removed and no further
overburden or exposure of lines permitted.
Mr. Merrell advised that minor refinements to the plan
would alleviate Col. Ryan's concerns.
(3) Dennis Finger, 27611 Morningstar Lane, requested that
the Council consider appointment of a citizens' study
group to work in conjunction with the developers and the
City to insure that all points of view are represented
and the welfare of the residents maintained.
(4) Roger Lightholder, 31125 Via Solana, requested consideration
of the condition of Ortega Highway and additional burdens
of traffic and increased services required by development
of the project.
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ray
(5) Rita Newman, 31532 Windsong Drive, noted blindspots in
traffic patterns and suggested installation of a stop
sign at the intersection of the Ortega.Highway and Wind -
song Drive.
(6) William Hussey, 33741 Windjammer Drive, Laguna Niguel,
member of St. Margaret's Church, noted that the Planning
Commission fulfills the requirements of a citizens'
study group.
(7) Joseph Sidelis, 31062 Via Solana, member of St. Margaret's
Church, spoke in favor of the plan and its development.
(8) Robert McClellum, 4321 Birch Street, Newport Beach,
representing property owner Paul Salata, requested
cooperation in maximizing uses on the properties for
a broad tax base.
(9) Robert Orr, 1931 Port Nelson Place, Newport Beach 92660,
representing a property owner, presented copies of a
letter dated April 19th in basic support of the project,
and stated that land use restrictions should be con-
sidered during site plan review.
There being no one else wishing to address the Council, Mayor
Friess declared the Public Hearing closed.
Referral to Planning Commission:
Council Members noted their concerns with deletions in land
uses made by staff, traffic circulation and signals, air
quality, development sequencing, clarification of land use
issues, consistency of architecture due to high level view
of the area from the freeway, and the fact that the church
has not requested individual development processing.
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that Rezone 78-1 be referred
to the Planning Commission for evaluation and recommendation
taking into consideration the concerns listed above and with
direction that all of the proposed land uses, with the
possibility of deletions, be considered.
RECESS AND RECONVENE
Council recessed at 8:55 P.M., and reconvened at 9:08 P.M.
PUBLIC HEARINGS CONTINUED
2. TENTATIVE TRACT 9784 AND ZONE VARIANCE 78-6 (MISBIN)
(85) Proposal;
pprova of Tentative Tract 9784 and Zone Variance 78-6 for
a land sale subdivision of approximately 103 acres of land _
into single family residential lots for property located at
the present easterly terminus of Camino Las Ramblas. The
project includes construction of alternate access Route "E",
a neighborhood park, and Master Plan of Drainage (LO1SO2)
retarding basins. The Zone Variance request is for
exception from Land Use Management Code Section 3.4.24
for a reduction in the minimum street frontage requirements
and from Section 3.5.4 relating to hillside grading standards.
Waivers from engineering design standards are requested to
reduce the minimum street width from 56 feet to 40 feet and
for minimum slope ratios for cut and fill slopes.
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374
The Tentative Tract is substantially the same as the concept
plan approved on January 4, 1978, with the addition of 6.7
acres of hillside land; the Tentative Map has not been reviewed
by the Planning Commission due to lack of quorum by that body
on March 28th.
Applicant:
to apistrano Properties (Morris Misbin, et al.), 33901
Calle Borrego.
' Written Communications:
Report dated April 19, 1978, from the Director of
Community Planning and Development forwarding proposed
Resolutions listing conditions of approval for the
tentative tract and zone variance.
(2) Letter dated April 3, 1978, from Morris Misbin in
support of the tract map as submitted.
Exhibits were on display, and Larry Lawrence, Senior Planner,
made an oral presentation.
Public Hearing:
Notice aving een given as required by law, Mayor Friess
declared the Public Hearing open, and the following persons
addressed the Council:
(1) Don Hess, 33911 Avenida Calita, presented additional
petitions signed by approximately 16 residents of the
Alto Capistrano area in opposition to the project.
Mr. Hess stated that the project would not solve any
community problems and that problems would be created
by the funneling of additional traffic to Las Ramblas
from 102 new homes.
' (2) Charles Buell, President, Alto Capistrano Homeowners
Association, 33905 Calle Acordarse, spoke in favor
of the project as a solution to traffic problems on
Via de Agua.
(3) Morris Misbin, applicant, spoke in favor of the
project, and presented copies of "Proposed Condition
Corrections" for the Resolutions submitted for the
zone variance and tentative tract approvals.
There being no one else wishing to address the Council,
Mayor Friess declared the Public Hearing closed.
Referral to Planning Commission:
Council Membe no a eir concerns with lack of recommendation
by the Planning Commission, differences between staff
recommendations and the applicant's desires, tract design in
terms of nature and topography, the need for additional
information, and the measure of traffic alleviation to be
gained by Route "E".
Mayor Friess advised that Council action must be taken by
April 27th. Mr. Misbin then granted permission to continue
the item.
' It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried that Tentative Tract 9784 and
Zone Variance 78-6 be returned to the Planning Commission
for report and recommendation. Mayor Friess noted that the
Commission should not be precluded from alternative means of
processing or from considering the project in terms of denial;
and, requested that Councilman Schwartze submit his comments
on the design in writing.
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375
3. COMPLETION OF ANNEXATION PROCESS (MOGAN)
(21) Proposal:
o� of a resolution citing the fact of a "no majority"
protest to the annexation at the Public Hearing of April 5,
1978; and, introduction of an Ordinance approving the
annexation.
Written Communications:
Report dated April 19, 1978, from the Director of
Community Planning and Development.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open. There being no one _
wishing to address the Council, the Hearing was declared
closed.
Adoption of Resolution:
It was move y Councilman Thorpe and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 78-4-19-1
CALIFORNIA, FINDING THAT NO
MADE TO THE PROPOSED MOGAN
F NO MAJORITY
a nZOVLUIXUA ur Inr.
SAN JUAN CAPISTRANO,
MAJORITY PROTEST HAS BEEN
ANNEXATION TO THE CITY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
Introduction of Ordinance No. 353:
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 Thorpe
and seconded by Councilman Schwartze that the following
Ordinance be introduced:
ORDINANCE NO. 353, MOGAN ANNEXATION - AN ORDINANCE
OF THE CITY OF SAN JUAN I T NO, CALIFORNIA,
APPROVING THE MOGAN ANNEXATION TO THE CITY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
4. RECREATION DEPARTMENT, APPROVAL OF ROUT
(62) Proposal:
-mi a run on Saturday, May 20, 1978, from 9:30 A.M. to
11:30 A.M., and closure of the following City streets:
Paseo Adelanto from Del Obispo Street to City Hall
for approximately 15 minutes;
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376
Camino Del Avion between Alipaz Street and Via
del Amo for approximately 45 minutes.
Written Communications:
eport a e Aril 19, 1978, from the Director of
Recreation forwarding a map of the route.
Public Hearing:
Notice aving een given, Mayor Friess declared the Public
Hearing open; and, there being no response, declared the
Hearing closed.
Approyal of Route and Street Closures:
was move y councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the route for the
May 20th 6 -mile run and to approve the closure of Paseo
Adelanto and portions of Camino del Avion, as stated. Council
requested that informational signs be posted on May 19th
citing the reasons for the street closures and the approximate
duration.
5. PROPOSED STREET LIGHT REMOVAL ESTABLISHMENT DUNES—
(53)
O E
(53) Proposal:
ee-e�nergization of the following street lights for a 60 -day
test period to determine the effectiveness of reducing the
energy consumption and the impact on safety prior to street
light removal:
STUDY NO. OF LIGHTS
ZONE STREET LOCATION DE -ENERGIZED
7 Village Road
8 Calle Arroyo
Sun Hollow
9 (Windsong)
10 (Sundance)
Camino Capistrano
Rancho Viejo Road 5
northerly to Laurel
Wood Lane
Del Campo to northern 5
terminus
Ortega southerly to 3
Ganado Road
Ortega southerly to 5
Ganado Road
Oso Road to La Zanja 5
Written Communications:
Repor a e pril 19, 1978, from George Alvarez,
Secretary to the Traffic and Transportation Commission.
(2) Memorandum dated April 19, 1978, from the City Clerk,
advising that a protest to the inclusion of Sundance Road
in the study area had been received from Herman Bindler,
27635 Summerfield Lane.
Public Hearing:
Notice haviFffgeen given as required, Mayor Friess declared
the Public Hearing open on the study zones for proposed
street light removal, and the following persons responded:
(1) John Katzmeier,
Windsong Drive
study area.
27575 Brookside Lane, requested that
and Sundance Drive be deleted from the
(2) Ewen Mitchell, 31405 Sundance Drive, requested that more
study be given to the proposed area.
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377
There being no one else wishing to address the Council,
Mayor Friess declared the Public Hearing closed.
Approval of Study Zones 7, 8, and 10:
IT
was move y Counci man c wartze, seconded by Councilman
Buchheim and unanimously carried to approve the de-energization
of street lights for the 60 -day test period on the following
streets only:
Village Road
Calle Arroyo
Camino Capistrano.
ORDINANCES
1. AMENDMENT TO ORDINANCE NO. 295, TRAFFIC REGULATIONS -
(55) The City Attorney read the title of Ordinance No. 352,
as introduced at the meeting of April 5th. Further reading of
all ordinances had been waived earlier in the meeting. It
was moved by Councilman Thorpe and seconded by Councilman
Schwartze that the following Ordinance be adopted:
ORDINANCE NO. 352, TEMPORARY STREET CLOSURES -
AN ORDINANCEO THE CITY OF SAN JUANC I T ANO,
CALIFORNIA, AMENDING CERTAIN SECTIONS OF ORDINANCE
NO. 295 PERTAINING TO TRAFFIC REGULATIONS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Thorpe and Mayor Friess
NOES: None —.
ABSTAIN: Councilman Buchheim
ABSENT: Councilman Hausdorfer
BIDS, CONTRACTS, AGREEMENTS
CAMINO DEL AVION STORM DRAIN FACILITY LO1PO3 -
AGREEMENT FOR COOPERATIVE I ORANGE)
(38) Proposal:
7Fp`pr—o-v—a1 of an Agreement with the Orange County Flood Control
District for cooperative funding of Phase I of the Camino
del Avion Storm Drain Facility LO1PO3. The City's 25% share
of the costs of construction will be approximately $25,000.
Written Communications:
1 Report dated April 19, 1978, from the Director of _
Public Works.
Approval of Agreement:
It was move y ouncilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement
between the City and the Orange County Flood Control
District for cooperative financing of the Camino del
Avion Storm Drain Facility LO1PO3, and to authorize the
Mayor and City Clerk to execute the Agreement on behalf
of the City.
CONSENT CALENDAR
It was moved by Councilman Thorpe and seconded by Councilman Schwartze
that the staff recommendations be accepted for the following items
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378
listed on the Consent Calendar. The motion carried by the following
vote:
AYES: Councilmen Schwartze, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
' 1. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF MARCH 31, 1978
(41) The City Treasurer's Report of Investments as of March 31,
1978, is approved as submitted.
2. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF MARCH 31, 1978
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of March 31, 1978, is approved as submitted.
3. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF FEBRUARY , 1978
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the eight-month period ending February 28, 1978, is
approved as submitted.
4. REPORT OF PLANNING COMMISSION MEETING OF APRIL 11, 1978
(67) The Report of Actions taken by the Planning Commission at their
meeting of April 11, 1978, is ordered received and filed.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF APRIL 10, 1978
I(23) The Report of Actions taken by the Equestrian Commission at
the meeting of April 10, 1978, is ordered received and filed.
6. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF APRIL 4, 1978
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of April 4, 1978, is ordered received and filed.
7. APPROVAL OF FINAL MAP
DIVISION OF L - (MUNGER/WADE
(85) The Final Map for Division of Land 77-7 is approved with the
determination that said map is consistent with the General
Plan and in substantial compliance with the approved Tentative
Map. The Map is in conformance with the Subdivision Map
Act, fees have been paid and conditions of approval met, all
as set forth in the report dated April 19,.1978, from the
Director of Public Works.
8. APPROVAL OFFINAL MAP
I I ION O L - (DUNN)
(85) The Final Map for Division of Land 77-9 is approved with the
' determination that said map is consistent with the General
Plan and in substantial compliance with the approved Tentative
Map. The Map is in conformance with the Subdivision Map
Act, fees have been paid and conditions of approval met,
all as set forth in the report dated April 19, 1978, from
the Director of Public Works.
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In addition, a letter dated April 3, 1978, has been received
from Frank L. Thompson, Vice President Administration, Advanced
Health Systems, Inc., pledging the sum of $1,140 as assurance
for equestrian trail improvements and installation of required
fencing.
APPROVALOF FINAL MAP
TRACT 9299 KC SY TEMS, INC.)
(85) The Final Map for Tract 9299 is approved with the determination
that said map is consistent with the General Plan and in sub-
stantial compliance with the approved Tentative Map. The Map
is in conformance with the Subdivision Map Act, fees have
been paid and conditions of approval met, all as set forth
in the report dated April 19, 1978, from the Director of
Public Works.
The Agreement between the City and Denis P. Kutch and Terry
L. Shirley, P. 0. Box 337, San Juan Capistrano, for a one-year
postponement of the requirement to install public and private
improvements is approved and the Mayor and City Clerk authorized
to execute the Agreement on behalf of the City.
10. PARTICIPATION IN ARTERIAL HIGHWAY FINANCING PROGRAM NO. 883
DEL O I PO E U E SYSTEMS, I C.
(44) The Agreement between the City and Sun -Terra West, Inc.,
14332 Chambers Road, Tustin 92680 and Kingswood, Inc.,
4667 MacArthur Boulevard, Suite 307, Newport Beach 92660,
for participation in the street improvements for AHFP Project
No. 883 is accepted and the Mayor and City Clerk authorized to
execute the Agreement on behalf of the City. The Project will
improve Del Obispo Street at its intersection with Aguacate
Road to increase safety. Funding will be provided by the City,
County, and developer, with the developer required to provide
a surety device for the estimated shared cost of $55,000
prior to approval of the Final Map for Tract 9299.
11. RENEWAL OF AGREEMENT FOR JOINT USE OF SCHOOL DISTRICT
FACILITIES - SUMMER RECREATION PROGRAM
(38) The Agreement between the City and the Capistrano Unified
School District for use of school facilities is approved
and the Mayor and City Clerk authorized to execute the Agree-
ment on behalf of the City. The Agreement provides for payment
to the City of $6,000 in Community Service Tax funds for the
1978 Summer Recreation Program.
12. CONTRACT FOR AERIAL TOPOGRAPHY SERVICES -
(38) Change Order No. 1 to the Agreement for Aerial Topography
Services by R. J. Lung & Associates, providing for a 40 -day
extension of time due to inclement weather is approved, as
set forth in the Report dated April 19, 1978, from the
Director of Public Works.
13. EXTENSION OF AGREEMENT FOR RIGHTS-OF-WAY ON CAMINO
CAPISTRANO (FITZPATRICK)
(38) An extension of the Agreement between the City and Leona
Fitzpatrick for the installation of public improvements for
the property at 32072 Camino Capistrano is approved for a
17 -month period of time, due to delays in designing the
Camino Capistrano Improvement District. The time extension
will expire on October 1, 1979, and requires posting of a
new bond in the amount of $5,000, as set forth in the Report
dated April 19th from the Director of Public Works.
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330
14.
RESOLUTION AUTHORIZING SIGNATURES ON CITY SAFE DEPOSIT BOX
(41)
The following Resolution authorizing the City Manager,
Assistant City Manager or City Treasurer to utilize the City
safe deposit box at California First Bank is adopted:
RESOLUTION NO. 78-4-19-2, CITY SAFE DEPOSIT BOX -
AUTHORIZING IGN TU E-A RE60LUTION 6F ITE CITY
COUNCIL OF THE CITY OF 5AN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING A SAFE DEPOSIT BOX WITH THE SAN JUAN
CAPISTRANO BRANCH OF CALIFORNIA FIRST BANK, AND
'
AUTHORIZING SIGNATURES THEREFOR
15.
CLAIM FOR PROPERTY DAMAGES (JOVANOVIC)
(35)
The Claim in the amount of $10,435.33, filed by Mark E. Minyard
on behalf of William and Linda Jovanovic, 33452 Via de Agua,
for damages which allegedly occurred on January 16, 1978,
is denied and referred to the City's insurance carrier,
Dan Gorman Insurance.
APPROVAL OF WARRANTS
(41) It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to approve the List of Demands
dated April 19, 1978, Warrants Nos. 13908 through 14033,
inclusive, and 1911 Act Account Warrants Nos. 0224 and 0225,
in the total amount of $117,730.37.
Mayor Friess requested that a signature facsimilie stamp
be ordered.
ADMINISTRATIVE ITEMS
' DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. SANTA MARGARITA WATER DISTRICT SANITARY CAPACITY ALLOCATION -
SIX-MONTH EXT ION T JULY , 979
(38) Proposal:
r� equest for allocation of the final .3 MGD treatment
capacity and extension of time to the November 3, 1976,
Agreement between the City and the Santa Margarita Water
District for Interim Treatment and Disposal of Wastewater.
The current Agreement expires January 1, 1979; a six-month
extension to July 1, 1979, would provide revenue to the
City in the amount of $63,168.
Applicant:
anta argarita Water District, 25571 Marguerite Parkway,
Mission Viejo 92675, W. W. Knitz, General Manager.
Written Communications:
Report dated April 19, 1978, from the Director of
Public Works forwarding a letter dated February 13,
1978, from Mr. Knitz and a proposed Amendment to the
November 3, 1976, Agreement.
Approval of Extension:
'It was move y ouncilman Thorpe, seconded by Councilman
Schwartze and unanimously carried that the term of the
November 3, 1976 Agreement between the City and the Santa
Margarita Water District be extended for a 6 -month period
of time to July 1, 1979.
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2. SOLID WASTE DISPOSAL SERVICES -
EXTENSION OF AGREEMENT0 MAY—T9, 1983 (SMITH/SOLAG)
(38) Proposal:
n extension of the Agreement between the City and Truman
Smith Disposal/Solag Disposal for trash collection services;
the existing Agreement expires April 23, 1978.
Written Communications:
-Report a e pril 19, 1978, from the Director of Public
Works forwarding an extension of the current Agreement
to September 30, 1978, to provide a time period for
bidding procedures, and a proposed 5 -year Agreement
with the current contractor.
Approval of 5 -Year Agreement:
It was moved by Counci man horpe, seconded by Councilman
Schwartze and unanimously carried to approve the Agreement
between the City and Truman Smith Disposal/Solag Disposal
for the 5 -year period ending May 19, 1983, and to authorize
the Mayor and City Clerk to execute the Agreement on
behalf of the City.
The Agreement provides for annual review of the contractor's
performance by the Director of Public Works. Residential
trash collection rates are specified at $3.00 per month;
per unit multiple residential at $2.00 per month.
COMMISSIONS, BOARDS, AND COMMITTEES
CULTURAL HERITAGE COMMISSION
1. APPROVAL OF ARCHAEOLOGICAL STUDY
P
(23) Proposal:
ppA rovaL of an Archaeological Completion Report for the Parra
Adobe and Harrison House, as required by the Historic
Preservation Act grant funding, due to proposed minor
grading, landscaping and foundation repair and digging
of a pit for new adobe brick formation.
Written Communications:
Report dated pril 19, 1978, from Pamela Hallan, Secretary
to the Cultural Heritage Commission, forwarding the
Commission recommendation of April 4th to proceed with the
archaeological phase of the project.
Approval of Report:
It was move y Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to authorize staff to obtain
the services of a qualified historical archaeologist to
prepare an Archaeological Completion Report for the Parra
Adobe and Harrison House site at a cost not to exceed $2,000.
2. REQUEST FOR REZONE OF CITY -OWNED PROPERTY IN
(23) Proposal:
rA ezone to IP (Public Institutional) to allow use of the _—
Harrison House as an office and the Parra Adobe as an
artifactual display area by the Capistrano Indian Council.
Written Communications:
Report dated April 19, 1978, from Pamela Hallan,
Secretary to the Cultural Heritage Commission.
-12- 4/19/78
38;�
Referral to Planning Commission:
it was moved by ounce man uc heim, seconded by Councilman
Schwartze and unanimously carried that the matter be referred
to the Planning Commission for initiation of the rezone of
the City -owned property within Tract 7673 known as the Parra
Adobe/Harrison House site.
3. REPORT ON DAMAGE TO OYHARZABAL PROPERTY
(23) Proposal:
'nA investigation of a possible violation of Section 2.3.17
of the Land Use Management Code which prohibits alteration
of historic structures without a permit. The barn on the
Oyharzabal property, which is listed on the Inventory of
Historical and Culturally Significant Structures, Objects,
' and Sites, is apparently being damaged by drainage caused
by the installation of a pipe on the adjacent property to
the north.
Written Communications:
Report dated pril 19, 1978, from Pamela Hallan, Secretary
to the Cultural Heritage Commission, forwarding the
recommendation made by the Commission at its meeting
of April 4, 1978.
Referral to Staff for Report:
It was moved by ounce man chwartze, seconded by Councilman
Thorpe and unanimously carried to direct staff to investigate
the situation and report on possible corrective measures.
TRAFFIC AND TRANSPORTATION COMMISSION
COMMUTER STREET DEFINITION/AMENDMENT TO LAND USE
MANAGEMENT MUE
' (74) Proposal:
(55)rFevision of the definition of a commuter street with
regard to direct vehicular access to residential lots for
inclusion in subdivision design criteria of the Land Use
Management Code.
Written Communications:
Report dated April 19, 1978, from George Alvarez,
Secretary to the Traffic and Transportation Commission,
forwarding the recommendation made by the Commission
at its meeting of March 9, 1978, that the revised
definition read as follows:
Commuter: A street which distributes residential or
local traffic from its point of origin to higher
capacity facilities. Trips will be short, or moderate
(7,000 ADT) traffic volumes. The design speed is 25
to 35 MPH with no direct residential frontage. Direct
frontage will be permitted on z acres or larger, with
a minimum of 70 feet of frontage, turn -around driveways
and a minimum of 250 feet line of sight in both directions.
This category of street requires 60 feet of right-of-way.
Approval of Definition:
It was move y Councilman Schwartze, seconded by Councilman
' Thorpe and unanimously carried to approve the revised
definition of a commuter street as submitted by the Traffic
and Transportation Commission and to include the definition
in an amendment to the Land Use Management Code.
RECESS AND RECONVENE
Council recessed at 10:58 P.M., and reconvened at 11:05 P.M.
-13- 4/19/78
383
COUNCIL ACTIONS
1. ACCEPTANCE OF RESIGNATION OF PARKS
AND RECREATION COMMISSIONER DUNN
(62) It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to accept the resignation
submitted by Parks and Recreation Commissioner Linda M.
Dunn due to a move outside of the City. A Resolution of
Commendation is to be prepared for adoption at the meeting
of May 3, 1978. Appointment to fill the vacancy will also
be considered on May 3rd.
2. ACCEPTANCE OF RESIGNATION OF TRAFFIC AND
TRANSPORTATION CO MI IONER HART
(23) It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried to accept the resignation
submitted by Traffic and Transportation Commissioner Wyatt
Hart; a Resolution of Commendation is to be prepared for
adoption at the meeting of May 3, 1978. Appointment to
fill the vacancy will also be considered on May 3rd.
3. AFFIRMATION OF APPOINTMENT TO
ARCHITECTURALI
(23) It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to support the appointment
of Planning Commissioner Michael Berns to the vacancy on
the Architectural Board of Review, as recommended by the
Commission.
4. APPOINTMENT TO CULTURAL HERITAGE COMMISSION
(23) There was a consensus of Council that appointment to fill _
the vacancy on the Cultural Heritage Commission be considered
at the meeting of May 3rd. A Resolution of Commendation is to
be prepared for resigning Member Carmen Oyharzabal.
5. CIVIC CENTER COMMITTEE - NAME CHANGE TO "PUBLIC
FACILITIES COMMITTEE" AND COUNCIL REPRESENTATION
(23) Council concurred with the suggestions of Mayor Friess that
the name of the Civic Center Committee be changed to the
"Public Facilities Committee" and that Mayor Friess and
Councilman Thorpe serve as the Council representatives on
the Committee. Former Council Member John Sweeney had
previously served on the Committee.
6. APPOINTMENT TO COMMERCIAL/INDUSTRIAL INCENTIVES COMMITTEE
(23) Council concurred with the suggestion of Councilman Thorpe
that Lawrence Buchheim continue to serve on the Commercial/
Industrial Incentives Committee in the capacity of Council
liaison. Appointment of an at -large member is to be
considered on May 3rd; Mr. Buchheim is to make recommendations
for that appointment.
7. APPOINTMENT TO DOWNTOWN STUDY COMMITTEE
(68) Council concurred with the suggestion of Mayor Friess that
Lawrence Buchheim continue to serve on the Downtown Study
Committee in the capacity of Council liaison. Appointment of
an at -large member is to be considered on May 3rd. Mr. Buchheim
suggested that he discuss the matter with Members of the
Committee prior to formal acceptance of the appointment;
recommendations for an at -large member are to be requested
from Committee Members.
-14- 4/19/78
Mayor Friess noted that the Council should review the goals
of the Committee report in the near future.
8. NOMINATIONS TO COUNTY AGENCY POSITIONS
(61) Council requested that staff provide a list of persons who
have applied for appointment as Public Member to the Local
Agency Formation Commission for review and possible support
of nominations made by other agencies.
' The deadline for submittal of nominations to the Orange
County Criminal Justice Council was April 12, 1978; there-
fore, no action was taken.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. COMMENDATION OF PLANNING COMMISSIONER FELTMAN
(67) Councilman Buchheim requested that a Resolution of Commendation
be prepared for Ken Feltman, prior Member of the Planning
Commission.
2. COUNCIL MEETING TELEVISION COVERAGE
(32) Councilman Thorpe requested that television coverage of
Council meetings by either Storer or TM Cable Television
Companies be placed on the "To Do List." Mr. Thorpe suggested
that Saddleback College television/motion picture classes may
be willing to make the tapes.
3. PROPOSED ESTABLISHMENT OF SERRA STUDY COMMITTEE
(23) Councilman Thorpe suggested that the Mayor and City Manager
establish a committee composed of 2 Council Members, 2 staff
members and possibly one Planning Commissioner to review
' and report to Council on items under consideration by the
SouthEast Regional Reclamation Authority Board of Directors.
Mayor Friess advised that recommendations would be made at
the next Council meeting.
4. ORANGE COUNTY DISION
LE O I VII IT IES
(61) Councilman Schwartze advised that he would make a report
on the April meeting of the Orange County Division of the
League of California Cities. Mr. Schwartze noted that
member cities have provided the League office with City Seal
plaques and requested that this City's plaque also be
provided.
5. RAIN DAMAGE, TRACT 7626 (SUNHOLLOW)
(25) Mayor Friess requested that the Director of Public Works
submit recommendations on measures available to homeowners
in the SunHollow development in order to correct rain
damage to residences.
6. MAYOR'S MEETING
(32) Mayor Friess advised that the next monthly Mayor's Meeting
with Commission Chairmen and Department Heads will be held
over until June.
Mayor Friess advised Council that an informal work session
between Council Members and Department Heads would be held
on May 10th.
-15- 4/19/78
385
7. SUMMARY OF COMMERCIAL/INDUSTRIAL INCENTIVES COMMITTEE REPORT
(23) Mayor Friess requested that a summary of the Commercial/
Industrial Incentives Committee Report be placed on a future
agenda with a presentation by Chairman John Saunders for the
benefit of new Council Members.
RECESS TO EXECUTIVE SESSION
Council recessed to Executive Session at 11:35 P.M., the City Clerk
being excused therefrom, and reconvened at 11:50 P.M.
PERSONNEL - BUILDING AND GRADING INSPECTOR SALARIES
(66) It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to authorize a Range 25.5,
Step 3 entry level, $1319 per month for the qualified
applicants for the position.
CAPISTRANO AIRPORT - QUITCLAIM OF RUNWAYS AND TAXIWAYS
(88) The City Manager advised that a letter had been received
from Bruce Winton and Jay Willcox, operators of the
Capistrano Airport, advising that they would take no action
to continue operation of the airport beyond June 1, 1978.
Mr. Mocalis recommended that the City quitclaim the land
back to the airport operators.
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried that the following Resolution
be adopted authorizing the Mayor to execute a Quitclaim Deed
for the property known as the Capistrano Airport Runway and
Taxiway:
ION NO. 78 -4 -
IM OF CAPISTRANO
minkluni null"l nN\ LA X"t Z — . uaavvyvaa . +•
CITY COUNCIL OFT E CIT OF SAN JUAN CAPISTRANO,
CALIFORNIA, DIRECTING RECONVEYANCE OF CAPISTRANO
AIRPORT RUNWAY AND TAXIWAY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 11:55 P.M., to the next regular meeting date of
Wednesday, May 3, 1978, at 7:00 P.M., in the City Council Chamber.
ATTEST:
o
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
it
MARY ANN Jrke- • CLERK
-16-
4/19/78
•
MAY 3, 1978
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 James F. Thorpe,
Mayor pro tem.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
James F. Thorpe, Mayor pro tem
Lawrence F. Buchheim, Councilman
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works/City Engineer;
Raymundo Becerra, Acting Director of Community Planning and Develop-
ment; Larry Lawrence, Senior Planner; James S. Okazaki, City
Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of April 19 1978:
It was move y ounce man, aus orfer, seconded by Councilman Thorpe
that the Minutes of the Regular Meeting of April 19, 1978, be
approved with the following amendment to Page 15, Item No. 2,
"Council Meeting Television Coverage:" Line 2, add "or TM Communica-
tions ." after ". . Storer Cable Television." The motion
carried by the following vote:
AYES: Councilmen Schwartze, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: None
ABSTAIN: Councilman Hausdorfer
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Thorpe, seconded by Councilman Schwartze
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
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION COMMENDING PARKS AND RECREATION
COMMISSIONER DUNN
(36) Mayor Friess read the Resolution in full commending Linda
Dunn for her service as a Member of the Parks and Recreation
Commission from May 25, 1977, until her resignation, effective
March 23, 1978. It was moved by Councilman Schwartze, seconded
by Councilman Thorpe that the following Resolution be adopted:
-1-
5/3/78
RESOLUTION NO. 78-5-3-1 COMMENDING LINDA DUNN -
A RESOLUTION OF THE CITYcOUNU11, OF THY CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING
LINDA DUNN
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. RESOLUTION COMMENDING TRAFFIC AND TRANSPORTATION
r0—MMISSONER HART
(36) Mayor Friess read the Resolution in full commending Wyatt
Hart for his service as a Member of the Traffic and Trans-
portation Commission from April 15, 1976, until his
resignation effective April 3, 1978. It was moved by
Councilman Thorpe, seconded by Councilman Schwartze that
the following Resolution be adopted:
RESOLUTION NO. 78-5-3-2, COMMENDING WYATT HART -
RE OL I N OF T E IT COUN IL O TRY CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING
WYATT HART
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
3. LAW DAY AWARDS
(36) Mayor Friess acknowledged the Law Day Awards recently made
to residents Marilyn Williams and Fred Newhart, Jr., and
expressed the Council's appreciation to the Orange County
Bar Association for recognizing their service.
ORAL COMMUNICATIONS
1. EQUESTRIAN COMMISSION
(23) Ilse Byrnes, Chairman of the Equestrian Commission, advised
that she was present to answer any questions regarding
recommendations made by the Commission.
2. TRAFFIC AND TRANSPORTATION COMMISSION
(23) Sharon Neely, Member
Commission, advised
questions regarding
3. PLANNING COMMISSION
of the Traffic and Transportation
that she was present to answer any
recommendations made by the Commission.
(67) Michael Berns, Member of the Planning Commission, advised
that he was present to answer any questions regarding
recommendations made by the Commission.
4. RIGHT-OF-WAY CONDEMNATION - ORTEGA HIGHWAY
(25) Andrew Cook, 27451 Ortega Highway, requested an opportunity to
address this matter when it appears on the Agenda.
-2- 5/3/78
5. PARKS AND RECREATION COMMISSION
(62) Christopher Hoyt, 31349 Don Juan Avenue, applicant for the
vacancy on the Parks and Recreation Commission, advised that
he was present to answer any questions.
WRITTEN COMMUNICATIONS
(68) Council received copies of a letter dated April 19, 1978,
from Charles I. Vermeulen, 11591 Cielo Place, Santa Ana
92705, renewing his prior request for permission to sell
beer and wine at the Ranch Market on Del Obispo Street.
Councilman Hausdorfer advised that the request was recently
discussed by the Agriculture Preservation Committee and that
the question was whether a license could be approved under
the current zoning of the property. Mayor Friess noted that
a meeting with Mr. Vermeulen was scheduled for May 19th and
that a report would be forthcoming after that date. With
the concurrence of Council, Mayor Friess ordered the letter
received and filed.
PUBLIC HEARINGS
1, TENTATIVE TRACT 10103
EL P T CO PORATION)
(85) Proposal:
ppA roves of Tentative Tract Map 10103, a land sale subdivision
of 192 acres of land into 140 residential and 9 open space
and recreation lots located east of Rancho Viejo Road and
' south of Trabuco Creek, The project was approved in concept
on January 4, 1978,and has been found consistent with the
General Plan and the Land Use Management Code. Dwelling
units of 72 in 1979 and 68 in 1980 were allocated on February 1,
1978.
Applicant:
Daon Development Corporation, Inc., 1400 Quail Street, Newport
Beach,
Written Communications:
(1) Report dated May 3, 1978, from the Director of Community
Planning and Development forwarding the recommendation
made by the Planning Commission at its April 11th
meeting that the project be approved subject to conditions.
(2) Letter dated March 30, 1978, from Charles R. Medeiros,
Capistrano Unified School District, demanding invocation
of the provisions of Senate Bill 201 for mitigation
of growth impacts on schools.
Exhibits were on display and Larry Lawrence, Senior Planner,
made an oral presentation advising that emergency access
would be provided through certain equestrian trails; develop-
ment rights for open space Lots A and B would be dedicated
to the City; the majority of trees would remain except for
those located within areas to be graded; all facilities
designated on the approved landscape and development plans
would be installed and approved prior to issuance of building
permits.
Councilman Hausdorfer suggested
Road and future installation of
and Rancho Viejo Road should be
that widening of Rancho Viejo
a traffic signal at Street A
considered.
-3- 5/3/78
Public Hearing:
Notice aving been given as required by law, Mayor Friess
declared the Public Hearing open, and the following persons
responded:
(1) Richard Puttman, representing the developer, spoke
in favor of approval of the Tentative Tract Map.
There being no further response, Mayor Friess declared the
Public Hearing closed with the right to re -open.
Council Discussion:
Councilman Buc heim noted that dedication of feeder equestrian
trails may create a police enforcement problem in the open
space areas; Mayor Friess responded that tracts require _
irrevocable offers of dedication for trails and the City
should bear the liability since the trails will be available
to the public.
Council Members commended the Planning Commission and the
developer for the quality of the Tentative Map.
Approval of Tentative Tract Map 10103:
I was move y Councilman aus orTer and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 78-5-3-3, TENTATIVE TRACT 10103 (DAON) -
JUAN CAPISTRANO$ CALIFORNIA, APPROVING TENTATIVE
TRACT 10103 (DAON DEVELOPMENT CORPORATION, INC.)
Amendment to Resolution:
It was then moved by Councilman Hausdorfer and seconded by
Councilman Schwartze that the following wording be added to
the Resolution as Condition 31:
31. "The following statement shall be incorporated into
the deeds of all lots bordering Streets 'A' and 'I:'
'The street bordering this lot may be
extended in the future. The present
street termination is temporary. Pro-
vision has been made for future extension
of the street into adjoining properties
if the City Council determines that such
extension is necessary."'
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None -
ABSENT: None
2. PROPOSED AMENDMENT TO LAND USE MANAGEMENT CODE -
(55) Proposal:
la-o—pl'ion of Code Amendment 78-2 to add public or private
elementary schools requiring no outdoor facilities as a
conditional use in the CO (Office Commercial) District.
The specific proposal is a request to establish a private
school at the existing professional office building at
34000 Via de Agua.
-4- 5/3/78
Applicant:
ose� Collier, Jr., 23642 Sidney Bay, Laguna Niguel,
Capistrano Family Development Center.
Written Communications:
Report dated May 3, 1978, from the Director of Community
Planning and Development, forwarding the recommendation
of approval made by the Planning Commission at its
meeting of April 11, 1978.
' (2) Petition dated April 2, 1978, from approximately 24
homeowners in the immediate vicinity of the property
"strongly protesting the proposal."
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open, and the following persons
responded:
(1) Joseph Collier, Jr., applicant, advised that exercise
for students would be arranged through a local dance
school; that no playground area would be provided,
but that the fishing pond would be utilized during
the week; that students would number from 70-75
with no more than 45 in attendance at one time;
that adult classes would be held from 6:00 P.M.
to 9:00 P.M.
(2) Lawrence R. Gill, 33912 Via de Agua, spoke in opposition
to a code amendment since an amendment would remain even
if the school were unsuccessful. Mr. Gill noted that
90% of the residents within the immediate parameters
of the proposal have signed the petition in opposition.
Mr. Collier stated that in his opinion the proposed
-5- 5/3/78
school is similar to a vocational school and should
'
not create noise and traffic problems.
There being no one else wishing to address the Council,
Mayor Friess declared the Public Hearing closed.
Council Discussion:
Councilman R-a-u—s-cloFfer noted that the building was not designed
for school use and in its current use does not generate traffic
volumes; further, problems could be created in the future
if the use appears unsuitable. Councilman Thorpe noted that
the proposal is for a change of zoning; that the residents
have the prior right to expect the uses to remain the same;
that permit revocation would be difficult at a future time.
Mayor Friess commented on space requirements and suggested
that direction be given to the Planning Commission that as
a condition of a Conditional Use Permit, consideration be
given to the maximum number of students allowed at any one
time and to the problems of external noise; that the Com-
mission should specify nuisances which would be cause for
revocation of the permit; and, that traffic could be a
problem,
Introduction of Ordinance No. 354:
Councilman Schwartze read e title of the Ordinance next
in order; further reading of all ordinances had been waived
'
earlier in the meeting. It was moved by Councilman Schwartze
and seconded by Councilman Buchheim that the following
Ordinance be introduced:
-5- 5/3/78
391.,
ORDINANCE NO. 3
TO ORD
293
All V11L1PI1111Il.11 VP anm \. 1+ yr vnn Mua ' .�•r +.+.•••••.�,
CALIFORNIA, AMENDING ORDINANCE NO. 293, TO PERMIT
PUBLIC OR PRIVATE ELEMENTARY SCHOOLS REQUIRING NO
OUTDOOR FACILITIES IN THE CO (OFFICE COMMERCIAL)
DISTRICT SUBJECT TO APPROVAL OF A CONDITIONAL USE
PERMIT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim and
Mayor Friess
NOES: Councilmen Hausdorfer and Thorpe -
ABSENT: None
3. RIGHT-OF-WAY CONDEMNATION -
ORTEGA HIGHWAY FROM GANTWROAD TO WINDSONG DRIVE
(25) The Director of Public Works requested that consideration of
this matter be continued to the next Council meeting.
Continuation of Public Hearing:
Notice having een given as required by law, Mayor Friess
declared the Public Hearing open; there was no response
from the audience. It was moved by Councilman Schwartze,
seconded by Councilman Thorpe and unanimously carried that
the Public Hearing be continued to the next regular Council
meeting of Wednesday, May 17, 1978, at 7:00 P.M., in the City
Council Chamber.
ORDINANCES
1. APPROVAL OF MOGAN ANNEXATION
ORDINANCE NO. 353 (ADOPTION)
(21) 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 introduced at
the meeting of April 19th. It was moved by Councilman Thorpe,
seconded by Councilman Hausdorfer that the following Ordinance
be adopted:
ORDINANCE NO. 353, MOGAN ANNEXATION,- AN ORDINANCE
OF THE CITY OF SAN JUAN C I TR NO, CALIFORNIA,
APPROVING THE MOGAN ANNEXATION TO THE CITY
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess -
NOES: None
ABSENT: None
BIDS, CONTRACTS, AND AGREEMENTS
1. MAJOR STREET REPAIRS -
APPROVAL OF PLANS, SPE
IFICATIONS, AND CALL FOR BIDS
(83) Proposal:
7Fp-pr-o--v—aT of plans and specifications and call for bids for
the following street repairs at an estimated cost of $24,250:
-6- 5/3/78
392
Surface coating of Rancho Viejo Road from
Junipero Serra Road to Trabuco Creek Road;
Trabuco Creek Road storm drain.
Written Communications:
Report dated ay 3, 1978, from the Director of Public
Works advising that the sum of $30,000 has been budgeted
for major street repairs.
' Approval of oposal:
It
was move Pry councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to approve the plans and
specifications and to authorize staff to advertise for
bids for the construction of major street repairs.
CONSENT CALENDAR
It was moved by Councilman Thorpe and seconded by Councilman
Hausdorfer that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim, and Mayor Friess
NOES: None
ABSENT: None
0
1. REPORT OF PLANNING COMMISSION MEETING OF APRIL 25, 1978
(67) The Report of Actions taken by the Planning Commission at
the meeting of April 25, 1978, is ordered received and filed.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF APRIL 24, 1978
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of April 24, 1978, is ordered received and filed.
3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF APRIL 18, 1978
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of April 18, 1978, is ordered received and filed.
4. DIVISION OF LAND 77-1 (PETERS/OLSEN) ,_
APPROVAL
(85) The Final Map for Division of Land 77-1 is approved with the
determination that said map is consistent with the General
Plan and in substantial compliance with the approved Tentative
Map. The Map is in conformance with the Subdivision Map Act,
all fees have been paid and conditions of approval met, all
as set forth in the report dated May 3, 1978, from the
Director of Public Works.
5. DIVISION OF LAND 76-8 (LOVE/NATION) -
RESOLUTION CALLING FOR IRREVOCABLEFFER OF DEDICATION
FOR EQUESTRIXN PURPOSES
(85) The following Resolution is adopted:
RESOLUTION NO. 78-5-3-4. DIVISION OF LAND 76-8
(LOVE/NATION) - A RESOLUTION OF THE CITY-COMUNCIL
F THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR
DIVISION OF LAND 76-8 (LOVE -NATION)
-7- 5/3/78
393
The Resolution accepts the irrevocable offer of dedication
of a ten -foot -wide easement for equestrian purposes, as
shown on the map filed in Book 91, Page 28 0£ Parcel Maps,
County of Orange. The City Clerk is authorized to record
the Resolution.
6. TRACT 9064 (INTER -VERDE CORPORATION) -
E I
(85) The public improvements for Tract 9064 are accepted and the
following bonds are released:
Labor and Material Bond No. SUR 24025, in the
amount of $12,000, issued by Mission Insurance Company.
Monumentation Bond No. SUR 24027, in the amount of
$500, issued by Mission Insurance Company.
The following bond is extended to May 3, 1979:
Faithful Performance Bond No. SUR 24025, in the amount
of $12,000, issued by Mission Insurance Company.
7. APPROVAL OF CONTRACT FOR PREPARATION OF
(23) The contract between the City and Charles Hall Page and
Associates is approved for the preparation of plans and
specifications for renovation of the historically significant
Harrison House at a cost not to exceed $6,450, as set forth
in the report dated May 3, 1978, from Pamela Hallan,
Administrative Aide.
8. RESOLUTION OF COMMENDATION
(36) The following Resolution is adopted:
(66)
RESOLUTION NO. 78-5-3-5, COMMENDING JOHN J. O'SULLIVAN RESOLUTION OF THE CITY COUNCIT;OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING JOHN J.
O'SULLIVAN
The Resolution commends John O'Sullivan, former Director
of Administrative Services/Assistant City Manager, who was
employed by the City from April 16, 1973, until his resignation
effective February 28, 1978.
APPROVAL OF WARRANTS
(41) The Director of Public Works requested that in conjunction
with approval of the warrants, payment be authorized to
Fred Weisz & Associates in the amount of $29,649.37 for
improvements made to Oso Creek Road due to flood damage. _
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried that the List of Demands
dated May 3, 1978, Warrants Nos. 14034 through 14158,
inclusive, in the total amount of $545,125.62, be approved
with the addition of Warrant No. 14160 in the amount of
$29,649.37. --
CAMINO DEL AVION STORM DRAIN -
ACCEPT NCE OF EASEMENT DEEDS
(80) It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to accept the following
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Easement Deeds from Howard Huntington, President, Delta
Management Corporation, to facilitate the construction of
the Camino del Avion Storm Drain, LO1P03, as set forth in
the report dated May 3, 1978, from the Director of Public
Works:
Right -of -Way Easement for Street and Highway purposes,
A.P. No. 668-021-01, -02;
Easement for Storm Drain purposes, A.P. No. 668-021-01;
Storm Drain Construction purposes, A.P. No. 668-021-01.
The City Clerk is directed to record the deeds.
ILITY
(38) Proposal -
A 5-year
extension of the Agreement dated April 2, 1975,
between the City and A.0. Straub providing for posting of
a bond in the amount of $12,500 in lieu of construction of
street improvements and utility undergrounding on Camino
Capistrano north of Avenida Aeropuerto,
Written Communication:
Report dated ay 3, 1978, from the Director of Public
Works.
Approval of 6 -month Extension:
In response to Mayor ries$, the Director of Public Works
advised that further report would be forthcoming and that
there is no construction project fronting the property which
would cause formation of an assessment district in the near
future.
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried that the Agreement between
the City and A.O. Straub be extended for a period of 6
months only.
ADMINISTRATIVE ITEMS
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. SERRA TREATMENT PLANT PROJECT COMMITTEE NO. 2 -
I I I
(79) Proposal:
onZ`� cepFu-al acceptance of an agreement for operation: and
maintenance of the Wastewater Treatment Facility.
Written Communications:
Report ate ay 3, 1978, from the Director of Public
Works advising that the City has received a notice of
non -renewal pursuant to the operations agreement dated
March 3, 1976, and forwarding a proposed operations and
maintenance agreement for Council evaluation and comment.
Council Discussion:
Councilman orpe suggested the following changes to the
Agreement:
Page 11, Section 17, amend the first two paragraphs as
follows:
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395
Contractor agrees to offer continued employment in
their present positions to City of San Juan Capistrano
employees who are engaged at the time of commencement
of this Agreement in operating the SERRA Treatment Plant,
to the extent that such employees make application for
such positions, with compensation at a rate no less
than their present salary.
Contractor shall employ any such employees for a period
of 12 months at the SERRA Treatment Plant, commencing
on the first day of operation of the contract. Such
employees shall receive no less than a twelve (12)
month personnel performance review. Termination or
layoff proceedings may not occur during such twelve-
month period, except . . .
The City Manager suggested the following:
Page 1, second paragraph, strike the words, in
the City of" before "Dana Point . . ."
Page 4, first paragraph, reconsideration of the
automatic increases to contractor based on the
Consumer Price Index.
Page 5, first paragraph, reconsideration of the
contractor's responsibility limit of $5,000 for
equipment repair.
Conceptual Approval of Agreement:
It was move y Counci man Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to accept the proposed
Agreement in concept and authorize the City's representative
to SERRA to transmit the comments and changes suggested
by Councilman Thorpe and Mr. Mocalis to the Board.of Directors.
2. SERRA PROJECT COMMITTEE NO. 2, TREATMENT
P OPERATION - TI P G ksuijuEl
(79) Proposal:
op ion of a Resolution approving an amendment to the 1977-78
fiscal budget for administration of the Treatment Plant.
Written Communications:
Report dated ay 3, 1978, from the Director of Public Works.
Approval of Budget:
App;
move y Councilman Thorpe, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 78-5-3-6, AMENDING THE BUDGET FOR 1977-78
P101.l1L lm0G "[ t ami x i —,
COUNCILTMENT PLANT - A RESOLUTION OF THE CITY OF
THE CITY OF SAN AN CAPISTRANO, CALIFORNIA, AMENDING
THE BUDGET FOR 1977-78 FISCAL YEAR
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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LJ
396
The Resolution approves the City's administrative portion
of the budget for SERRA Project Committee No. 2 in the amount
of $3,292.63 and authorizes a transfer of funds from the
Sewer Enterprise Fund, Operating Expense Account.
3. SERRA PROJECT COMMITTEE NO. 3 LEASE AND OPERATION OF
EXISTING - APPROVAL FLOW I I ION
(79) Proposal:
Approval of flow distributions utilized to develop percentages
for billing member agencies of SERRA.
Written Communications:
Report a e ay 3, 1978, from the Director of Public Works.
Approval of Flow Distribution:
I was move y Councilman THorpe, seconded by Councilman
Buchheim and unanimously carried to concur with the following
flow distribution as appraised by Lowry & Associates,
consulting civil engineers to SERRA, and to receive and
file the report: Flow % of Total
City of San Juan Capistrano 1.3 MGD 22.81
Dana Point Sanitary District .5 8.77
Moulton Niguel Water District 2.5 43.86
Santa Margarita Water District 1.4 24.56
5.7 MGD 100.000
RECESS AND RECONVENE
Council recessed at 9:00 P.M., and reconvened at 9:15 P.M.
3. FEDERAL DISASTER ASSISTANCE STATUS REPORT
(89) Council received copies of a report dated May 3, 1978, from
the Director of Public Works providing a review of Public
Flood Damage and Public Road Damage projects determined to
be eligible for funding by the Federal Disaster Assistance
Administration. Correction costs for damage caused by
recent storms are estimated by the FDAA at $391,587.
Following discussion, it was moved by Councilman Buchheim,
seconded by Councilman Thorpe and unanimously carried to
receive and file the report and to direct staff to continue
monitoring the disaster relief program.
4. TENTATIVE TRACT 7654 (PATRICK DEVELOPMENT) -
REQUEST FORI I I GR U ING REQUIREMENTS
(85) Proposal:
(90)7F -request by Patrick Development, Tract 7654, for partial
waiver of the utility undergrounding requirements of Chapter 4
of the Land Use Management Code as they pertain to existing
transmission lines.
Written Communications:
Report a e ay 3, 1978, from the Director of Public Works
forwarding a letter dated March 10, 1978, from Utility
Planning, Inc., the developer's consultant, providing 5
alternatives for relocation and/or undergrounding of
existing facilities.
Approval of Partial Waiver:
It was moved by Councilmaii Schwartze, seconded by Councilman
Thorpe and unanimously carried to approve the request of
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3917
Patrick Development for partial relief of the utility
undergrounding requirements for Tract 7654, specifically
requiring the undergrounding of the 12KV electric transmission
line on San Juan Creek Road and allowing the 69KV and 12KV
transmission lines on La Novia Avenue to remain overhead.
The approval shall conform to Exhibit C as depicted in the
letter dated March 10, 1978, from Utility Planning, Inc.
5. TENTATIVE TRACT 9030 (CHRISTIANSEN) -
ADDITIONAL CONDITIONUTILITY GROUNDING REQUIREMENTS
(85) At the request of the Director of Public Works, this item
was removed from consideration, since the need for City
involvement no longer exists.
COMMISSIONS BOARDS, COMMITTEES
EQUESTRIAN COMMISSION
1. REVIEW OF SITE PLAN PURSUANT TO
INTERIM LEASE G HEEL LES)
(23) Proposal:
ppA rov Z of a site plan for Wagon Wheel Stables in
conjunction with the Interim Lease of City -owned property
within the area of C. Russell Cook Park.
Written Communications:
Report dated ay 3, 1978, from the City Clerk/Equestrian
Commission Secretary, forwarding the recommendation of
approval made by the Commission.
Approval of Site Plan and Extension of Interim Lease:
was move y Councilman Hausdorfer, seconded youncilman
Thorpe and unanimously carried as follows: (1) to approve
the proposed site plan for Wagon Wheel Stables and to direct
the Equestrian Commission to continue working with the Lessee
to assure compliance with the approved Interim Lease; and
(2) to extend the term of the Agreement to January 2, 1980,
for receipt of bids for a boarding stable on the premises;
if the Final Master Plan of C. Russell Cook Park removes
equestrian use from the property, notice to the Lessee to
vacate the property shall not be given prior to March 6, 1980.
COUNCIL ACTIONS
1. APPOINTMENT TO PARKS AND RECREATION COMMISSION
(62) Councilman Hausdorfer nominated John A. Albu; Mayor Friess
nominated Toni Decker; Councilman Buchheim nominated Jack
Killelia; Councilman Thorpe nominated Pauline Leonard.
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried that Pauline Leonard,
27589 Brookside Lane, San Juan Capistrano, be appointed
to fill the existing vacancy on the Parks and Recreation
Commission.
2. APPOINTMENT TO TRAFFIC AND TRANSPORTATION COMMISSION
(23) Councilman Buchheim nominated Jimmy Larsen; Mayor Friess
nominated Jim Allen.
It was moved by Mayor Friess, seconded by Councilman
Hausdorfer and unanimously carried that Jim Allen, 33292 Via
Mayor, San Juan Capistrano, be appointed to fill the existing
vacancy on the Traffic and Transportation Commission.
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3. APPOINTMENT TO CULTURAL HERITAGE COMMISSION
(23) Mayor Friess nominated C.C. Mc Cary.
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried that C.C. Mc Cary, 31501 La
Matanza, San Juan Capistrano, be appointed to fill the
existing vacancy on the Cultural Heritage Commission.
4. APPOINTMENT TO COMMERCIAL/INDUSTRIAL INCENTIVES STUDY COMMITTEE
' (23) Councilman Buchheim advised that he has received no objection
from Committee members of his intent to continue serving on
the Committee in the capacity of Council liaison.
Mayor Friess suggested that Mr. Buchheim convene a meeting
of the Committee and that action on an appointment be
considered after the presentation to be made to Council
by Chairman John Saunders.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. PROCEDURES FOR DEVELOPMENT PROJECTS
(85) Councilman Buchheim requested the opportunity to follow one
development project through all stages of staff and Commission
review processes and suggested that any one of six projects
be selected. Council concurred with the suggestion, and
Mayor Friess requested that Mr. Buchheim provide a report;
Council Members will select the particular project.
2.
TEMPORARY MAYOR'S COMMITTEE ON SERRA
(23)
Mayor Friess and Councilman Thorpe will serve as a temporary
Mayor's Committee to review the SERRA process for the benefit
'
3.
of Council.
SENATE BILL 201, FUNDING OF DEVELOPMENT IMPACTS
O L
(78)
Councilman Thorpe suggested that the City should take action
on the provisions of Senate Bill 201. The City Manager advised
that the Fiscal Impact Model prepared by Ultrasystems, Inc.,
will be distributed shortly and that report will indicate the
dollar costs per student.
4.
CAPISTRANO VALLEY CIRCULATION STUDY
(44)
Councilman Thorpe suggested that Council review the Capistrano
Valley Circulation Study. There was a consensus that the
Study be reviewed following budget considerations.
5.
MARCO FORSTER JR. HIGH SCHOOL CHESS TEAM
RESOLUTION ION
(36)
Council concurred with Councilman Thorpe's suggestion that a
Resolution of Commendation be prepared for the members of the
Marco Forster Jr. High School Chess Team, who recently
competed in the national games. The Resolution will be
presented at the meeting of May 17th and members of the
team invited to attend.
6.
DEVELOPMENT PROJECTS - ENVIRONMENTAL IMPACT REPORTS
(85)
Councilman Thorpe requested receipt of the development projects
progress chart.
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399
Mr. Thorpe advised staff
impact report footnotes
by a telephone call" and
be provided.
7. CAPISTRANO AIRPORT
that he would not accept environmental
which cite information as "verified
that written documentation is to
(88) Councilman Thorpe commented on a recent editorial in the
Daily Pilot newspaper which reflected on action taken by
the Council in approving a quitclaim of the airport runway
and taxiway; Jerry Clausen, newspaper representative,
responded.
8. ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES
(61) Councilman Schwartze, City alternate representative to the
County Division of the League of California Cities,requested
Council concurrence with City support of the following
nominees:
City Selection Committee, Airport Land Use Commission:
Councilwoman Jackie Heather of the City of Newport Beach;
and, Criminal Justice Council: Councilwoman Vickie Evans
of the City of Cypress. Council granted their concurrence
that letters be sent to the League indicating the City's
support of the nominees.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 10:23 P.M., to the next meeting date of Wednesday,
May 10, 1978, at 7:00 P.M., in the City Council Chamber, for
discussion of departmental activities.
ATTEST:
rt-D,:two, iaitiaii�A`k`�41:�A7:�
Respectfully submitted,
-14- 5/3/78
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-14- 5/3/78