78-0503_CC_Minutes_Regular Meeting•
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:
I 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
VVYI41114JN1V1\1Y14 YV1\1\
(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:
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RESOLUTION NO. 78-5-3-1, COMMENDING LINDA DUNN -
A RE OLUTION OF THE I Y C UN IL Of E 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 TRANSPORTAT
(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 -
RESOLUTION OF T E T C U IL OF T CI 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 of the Traffic and Transportation
Commission, advised that she was present to answer any
questions regarding recommendations made by the Commission.
3. PLANNING 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.
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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
1. RENEWAL OF REQUEST FOR BEER AND WINE LICENSE
(VERMEULEN RANCH
' (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
(DAON DEVELOPMENT PORATION)
(85) Proposal:
pp�rov_a_T 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 date& 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 that widening of Rancho Viejo
Road and future installation of a traffic signal at Street A
and Rancho Viejo Road should be considered.
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Public Hearing:
Notice having -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 Buchheim 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 ounci mn aus oar er 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 -
EDUCATIONAL I S
(55) Proposal:
oA3�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.
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Applicant:
Joseph -W-. Collier, Jr., 23642 Sidney Bay, Laguna Niguel,
Capistrano Family Development Center.
Written Communications:
(13 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
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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 Haus orfer 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 rea t 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:
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391
3.
ORDINANCE NO. 354, AMENDMENT TO ORD
All ViL11117l1lm VX 111G � 1 Wi . �' _+••+•�,
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
RIGHT-OF-WAY CONDEMNATION -
ORTEGA HIGHWAY FROM OAD 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 aving 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 (ADUPTIOB)
(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 E ITY OF N JU PI 6THANO, 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
1. MAJOR STREET REPAIRS -
APPROVAL OF PLANS, SPECIFICATIONS, AND CALL FOR BIDS
(83) Proposal:
Tp-p-r-o-v-aT of plans and specifications and call for bids for
the following street repairs at an estimated cost of $24,250:
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11
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 Proposal:
It was move y ouncilman 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
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 OF FINAL MAP
(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) -
OF DEDICATION
(85) The following Resolution is adopted:
ON NO. 78-5-3-4. DIVISION OF LAND 76-8
(LOVE/NATION) ARESOLUTION OF THE CITYIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR
DIVISION OF LAND 76-8 (LOVE -NATION)
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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 of Parcel Maps,
County of Orange. The City Clerk is authorized to record
the Resolution.
6. TRACT 9064 (INTER -VERDE CORPORATION) -
E AND EXTINSION
(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
PLANS AND SPECIFICATIONS (HARRISON HOUSE)
(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 -
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 -
ACCEPTANCE 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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394
(38) Proposal:
7FW--year extension of the Agreement dated April 2, 1975,
between the City and A.O. 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 a e ay 3, 1978, from the Director of Public
Works.
Approval of 6 -month Extension:
n response o mayor riess, 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 TREATMENTPLANT PROJECT COMMITTEE NO. 2 -
77ArUATTW UP I I
(79) Proposal:
oncep ual acceptance of an agreement for operation: and
maintenance of the Wastewater Treatment Facility.
Written Communications:
Report ate May 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 -Thorpe suggested the following changes to the
Agreement:
Page 11, Section 17, amend the first two paragraphs as
follows:
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Easement Deeds from Howard Huntington, President,
Delta
Management Corporation, to facilitate the construction
of
the Camino del Avion Storm Drain, LO1PO3, 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.
6 -MONTH EXTENSION OF UTILITY UNDERGROUND
I
(38) Proposal:
7FW--year extension of the Agreement dated April 2, 1975,
between the City and A.O. 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 a e ay 3, 1978, from the Director of Public
Works.
Approval of 6 -month Extension:
n response o mayor riess, 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 TREATMENTPLANT PROJECT COMMITTEE NO. 2 -
77ArUATTW UP I I
(79) Proposal:
oncep ual acceptance of an agreement for operation: and
maintenance of the Wastewater Treatment Facility.
Written Communications:
Report ate May 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 -Thorpe 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 ounci 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 PR
I UDGET
(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 May 3, 1978, from the Director of Public Works.
Approval of Budget:
was 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
2'l al..XL YISHit aG1G14A YnvJ Llil VV nuniaac.c. a.v. �+,
L OF _
THE CITY M 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
_10_ 5/3/78
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 OUTFALL - APPROVAL OF FLOW DISTRIBUTION
(79) Proposal:
ppA rovai of flow distributions utilized to develop percentages
for billing member agencies of SERRA.
Written Communications:
Report NT -ea -Ya -y3, 1978, from the Director of Public Works.
Approval of Flow Distribution:
I was moved by Councilman lWorpe, 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) -
UEST 'FOR WXIVER OF UTILITY G ING REQUIREMENTS
(85) Proposal:
(90)A -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 dated May 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 ounci man 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 CONDITION TO UTILITYGROUNDING 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(WAGON EEL LES)
(23) Proposal:
pp`rovaT 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 May 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:
T_fwas move y ounce man aus or er, secon e y ouncilman
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. McCary.
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried that C.C. McCary, 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 BILL206FUNDING OF DEVELOPMENT IMPACTS
ON LOCAL S
(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
RESOUITION 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 that he would not accept environmental
impact report footnotes which cite information as "verified
by a telephone call" and that written documentation is to
be provided.
CAPISTRANO AIRPORT
(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:
KENNETH B. YKI MAYOR
Respectfully submitted,
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