78-0607_CC_Minutes_Regular Meeting414
JUNE 7, 1978
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Friess at
7:10 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Ernest
Sillers, St. Margaret of Scotland Episcopal Church.
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;
Thomas G. Merrell, Director of Community Planning and Develop-
ment; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of May 17, 1978:
It was move y Counci man c wartze, seconded by Councilman Thorpe
that the Minutes of the Regular Meeting of May 17, 1978, be approved
with the following correction to Page 4, Amendment to Land Use
Management Code: correct the vote on adoption of Ordinance 354
to reflect negative votes by Councilmen Hausdorfer and Thorpe.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer
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
RESOLUTION COMMENDING STEVE TIERNEY -
NITIONAL ELEMENTARY SCH5UL_7ffZ9S7=MpION
(36) Mayor Friess read the Resolution in full commending Steve
Tierney, San Juan Elementary School student, for his
achievement in attaining a tie for first place in the
elementary school national chess competition during May,
1978. It was moved by Councilman Schwartze and seconded
by Councilman Thorpe that the following Resolution be adopted:
RESOLUTION NO. 78-6-7-1, COMMENDING STEVE TIERNEY -
A RESOLUTION OF THE CITY COUNCIL
JUAN CAPISTRANO, CALIFORNIA, COMMENDING STEVE TIERNEY
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The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Council Members offered their congratulations, and Mayor
Friess presented the Resolution to Steve Tierney.
2. COMMERCIAL/INDUSTRIAL INCENTIVES STUDY COMMITTEE REPORT
(23) John Saunders, Chairman of the Commercial/Industrial Incentives
Committee, made an oral presentation to the Council on the status
of the Committee. Mr. Saunders set forth the recommendations
made by the Committee in their report dated February 27, 1978.
Following the presentation, it was moved by Councilman
Buchheim, seconded by Councilman Hausdorfer and unanimously
carried as follows:
(1) To re -affirm the summary goals and intents of the
Committee Report;
(2) To direct that the name of the Committee be changed
to the "Economic Development Committee" and that the
current committee members be requested to continue
to serve;
(3) That the Committee be directed to actively pursue
accomplishment of the goals as set forth in the
Report.
Council Members concurred with the suggestion of Mayor
Friess that Mr. Saunders continue in his capacity of
Chairman of the Committee.
ORAL COMMUNICATIONS
1. 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.
2. EQUESTRIAN COMMISSION
(23) Ilse Byrnes, Chairman of
that she was present to
recommendations made by
3. CHAMBER OF COMMERCE
the Equestrian Commission, advised
answer any questions regarding
the Commission.
(29) Maxine Maurice, Manager of the Chamber of Commerce, requested
that staff be directed to schedule discussions and committee
meetings of concern to the business community at such time
as a majority of the City's merchants could participate,
since business owners cannot be present during normal
working hours.
Mrs. Maurice also requested City support of the Chamber "Shop
at Home" program whereby local businesses will remain open
until 9:00 P.M., on Thursday evenings effective June 15th.
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4. BEAR BRAND RANCH ACCESS
(85) Ernie Chapman, 25961 Calle Aspero, addressed the Council
regarding development of the Bear Brand Ranch property.
Mr. Chapman commented on annexation of the property, access
to the north and west, access through Crumrine Road, and access
to Lot 41.
Don Markowski, 32022 Paseo Allesandro, commented on the study
committee, annexation, benefit gained by the Bear Brand
Ranch area from use of City streets, and construction phasing.
WRITTEN COMMUNICATIONS
1, CASPERS PARK -
MEMORANDUM M EQUESTRIAN COMMISSION
(56) Council received copies of a memorandum dated May 30, 1978,
from the Equestrian Commission regarding re -opening of Caspers
Park. It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried that the Mayor be authorized
to direct a letter to the Orange County Board of Supervisors
urging that the park be re -opened, that an access road be cut
through the area damaged by recent flooding, and that the park
be maintained for hiking and equestrian use.
PUBLIC HEARINGS
1. APPROVAL OF REZONE 78-1 FOR PLANNED COMMUNITY
(ORTEGA HIGHWAYPROPERTIES)
(95) Proposal:
T for an amendment to the Official Zoning Map 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 Avenue and on the west by Interstate 5. The
request was heard by the City Council on April 19, 1978, and
referred back to the Planning Commission for further consideration.
Applicant:
r -r eg�ghway Properties, c/o Haworth/Anderson/Lafer, 31706
Pacific Coast Highway, Suite 403, South Laguna 92677.
Written Communications:
(1) Report dated June 7, 1978, from the Director of
Community Planning and Development forwarding the
recommendation made by the Planning Commission on
May 9th that the rezone be approved and an assessment
district formed for the installation of public improve-
ments in conjunction with final approval.
(2) Letter dated May 17, 1978, from the property owners
stating that the amended plan and ordinance as proposed
by staff and the Planning Commission are not acceptable
and requesting various changes, as follows:
Planning Sector D1 - include limited industrial and
light manufacturing as Conditional Uses Permitted;
Planning Sectors D2 and D3 - include small-scale
usiness and pro essiona offices not requiring extensive
access;
Development Standards - amend landscape setback requirement
romfeet o 20 T—eet;
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Im rovement District Re uirement - use of public funds
or ins a a ion o pu is improvements;
Planning Sector C - consideration of compensation for
open space requirements,
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open, and the following persons
responded:
Ed Haworth of the applicant's planning consultant
firm of Haworth/Anderson/Lafer, enlarged upon the
comments set forth in the letter of May 17th and
suggested that development standards in Planning
Sector C should allow the flood line to be flexible
subject to hydrology studies.
John Katzmeier, 27575 Brookside Lane, spoke in favor
of City purchase for park purposes of land along
the creek in Sector C rather than outdoor commercial
use, stated that Ortega Highway should be completely
improved prior to development of the project and that
Windsong Drive should be a deadend street as part of
the plan in order to control traffic entering the
SunHollow area,
There being no one else wishing to address the Council,
Mayor Friess declared the Public Hearing closed.
Planning Sector D1, Limited Industrial and Manufacturing Use:
was move y ounce man hausdorTer, seconded y Councilman
Schwartze that the Planning Commission recommendation be
amended to include limited industrial uses engaged in research,
testing, and light manufacturing, which the City Council
determines as appropriate and compatible with surrounding uses,
as a Conditional Use; the motion does not infer deletion of
Section 3.a, on Page 28 of the Proposed Comprehensive Develop-
ment Plan, The motion failed by the following vote:
AYES: Councilmen Hausdorfer and Schwartze
NOES: Councilmen Thorpe, Buchheim and Mayor Friess
ABSENT: None
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer to reconsider. The motion carried by the following
vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
It was moved by Councilman Hausdorfer and seconded by
Councilman Schwartze that Sector D1 include limited
industrial uses engaged in research, testing, and light
manufacturing, which the City Council determines as
appropriate and compatible with surrounding uses, as
a Conditional Use (without deletion of Section 3,a.,
Page 28, of the Proposed Comprehensive Development Plan),
with the addition of the following restrictions:
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(1) Outside, exterior storage is not permitted;
(2) Lots to be a minimum size of 80,000 square feet;
(3) Inside use smaller than 20,000 square feet is
not permitted;
(4) Consideration is to be given to noise impacts during
Public Hearings on proposed Conditional Uses.
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze and
Buchheim
NOES: Councilman Thorpe and Mayor Friess
ABSENT: None
Development Standards:
Council concurred With the Planning Commission determination
that a minimum setback width of 30 feet within the area
adjacent to Ortega Highway, La Novia Avenue, Ganado Road
and Calle Arroyo shall be reserved for landscaping.
RECESS AND RECONVENE
Council recessed at 9:40 P.M. and reconvened at 9:55 P.M. to continue
consideration of the Ortega Highway Properties Planned Community.
Acceptance of Environmental Impact Report:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried that the Environmental
Impact Report and supplemental staff analysis be found
adequate and that the Report be accepted with the determination
that such acceptance is not to be construed as concurrence
with all information contained with the Report nor as
approval or denial of the project.
(69) Establishment of City Policy on EIR Information:
There was a consensus of the Council to establish as City
policy that citing telephone conversations as the basis for
verification of information will not be accepted. Such
information is to be supported by written documentation.
Planning Sector B, Animal Impound Facilities:
It was move y )unci man T orpe ana recon ed by Councilman
Schwartze that Animal Control Facilities be deleted as a
Conditional Use within Sector B. The motion failed by the
following vote:
AYES: Councilmen Schwartze and Thorpe
NOES: Councilmen Hausdorfer, Buchheim and
Mayor Friess
ABSENT: None
Approval of Rezone 78-1:
The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman Schwartze
and seconded by Councilman Hausdorfer that the following
Ordinance be introduced:
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REZONE 78-1, (ORTEGA PROPERTIES) - AN ORDINANCE
07792 CITY JUAN CAPISTMO, CALIFORNIA,
AMENDING THE OFFICIAL ZONING MAP ADOPTED BY
ORDINANCE NO. 293 BY CHANGING THAT PORTION OF
LAND BOUNDED BY INTERSTATE 5 (WEST), ORTEGA
HIGHWAY (NORTH), WINDSONG DRIVE AND LA NOVIA
AVENUE (EAST), AND THE SAN JUAN CREEK CHANNEL
(SOUTH) EXCEPTING THOSE PARCELS IDENTIFIED AS
ASSESSOR'S PARCELS NOS. 666-131-01, 666-131-02,
666-131-03 AND 666-131-04 FROM GM (GROWTH MANAGE-
MENT) TO PC (PLANNED COMMUNITY) AND INCORPORATING
COMPREHENSIVE DEVELOPMENT PLAN CDP 78-1 AS PART OF
THE PC (PLANNED COMMUNITY) ZONING
The motion carried by the following vote:
AYES: Councilman Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
Approval of the Rezone includes the recommendations of the
Planning Commission as amended by the City Council with
Development Standards applied.
Update of Hydrology Studies:
Councilman ITausdorfer s a ed for the record that the Council
should encourage the undertaking of new hydrology studies
due to the threat of water on the land in question.
Initiation of Special Assessment District:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to initiate the formation
of a Special Assessment District for the installation of
public improvements subject to the condition that said
District should be established prior to or concurrently
with the ordinance approving Rezone 78-1.
2. APPROVAL OF REZONE 78-5 (LASHBROOK/MANSELL)
(95) Proposal:
(21) initiated amendment to the Official Zoning Map for
a prezone of ES (Small Estate) for Assessor's Parcel Nos.
650-011-09 and 650-011-23 (Mansell and Lashbrook, respectively)
in conjunction with the annexation of the 16 -acre Mogan
property located at the north City limits.
Written Communications:
Report dated June 7, 1978, from the Director of
Community Planning and Development forwarding the
recommendation made by the Planning Commission on
May 23rd that Small Estate zoning be approved for
the two properties;
(2) Letter dated June 1, 1978, from G. A. Mansell, Box 234,
in support of Small Estate zoning;
(3) Letter dated June 1, 1978, from L. M. Lashbrook, 210 West
Mariposa Avenue, San Clemente 92672, in support of
Small Estate zoning.
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Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and inquired if anyone in the audience
wished to address the Council and, there being no response,
declared the Public Hearing closed.
Approval of Rezone 78-5:
e xty ttorney 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. , REZONE 78-5 (LASHBROOK/MANSELL) -
O I 355HE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293 BY PREZONING PROPERTY CURRENTLY
DESIGNATED COUNTY OF ORANGE, A-1 (AGRICULTURAL) DISTRICT
TO ES (SMALL ESTATE) DISTRICT
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
BIDS. CONTRACTS, AGREEMENTS
1. SERRA PROJECT COMMITTEE NO. 2 PROPOSED OR OPERATION
AND MAINTENANCE OF TREATMENT PLANT
(38) Proposal:
-request by the Board of Directors of the SouthEast
Regional Reclamation Authority for approval of form and
content of a proposed Agreement for operation and maintenance
of the Wastewater Treatment Facility. Following approval
by SERRA Board Members, bids will be solicited.
Written Communications:
Report dated June 7, 1978, from the Director of
Public Works, advising that at their meeting of
May 11th, the Board had approved the amendments to
the Agreement requested by the City Council on
May 3, 1978.
Approval of Agreement Form and Content:
TT
was moved by Councilman BuchheiiiT, seconded by Councilman
Thorpe and unanimously carried to approve the Operations and
Maintenance Agreement for SERRA Wastewater Treatment Plant
as to form and content.
2. BUILDING INSPECTION SERVICES APPORTIONMENT OF FEES -
ORANGEAGREEMENT WITH INJOTAL MANA-MV7 AGENCY
(38) Proposal:
ppm of an agreement and schedule for determination of fee
allocations for building inspection services for work in
progress on June 30, 1978, in conjunction with the transition
to City building inspection services effective July 1, 1978.
Written Communications:
Report a e une , 978, from the Director of Public Works.
Mr. Murphy requested that, in order to retain flexibility,
the City Manager be authorized to execute either an agreement
in the format submitted or a letter agreement on behalf of
the City.
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3.
(38)
Approval of Agreement:
Apr
move y Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the Agreement
for Determining Fee Allocations for Transition of Building
and Safety Services between the City and the County of Orange
and to authorize the City Manager to execute a similar
agreement or letter agreement on behalf of the City.
SERRA PROJECT COMMITTEE NO. 7-A -
kuK MODIFICATIONS TO EATMENT PLANT
Proposal:
ppA novaT of an agreement between SERRA and the Member Agencies
for funding of construction of modifications to the Treatment
Plant.
Written Communications:
Report dated June 7, 1978, from the Director of Public
Works forwarding a letter dated May 26, 1978, from the
Alexander Bowie law corporation recommending approval
of the Agreement and advising that authority should be
granted to the City's SERRA representative to request
a refund from SERRA in the amount of $13,442, the
difference between the $38,000 previously submitted for
Project Committee 7-A and the final City share for
construction of $24,558.
(2) Letter dated June 2, 1978, from Alexander Bowie law
corporation forwarding a corrected first page to the
proposed agreement.
Approval of Agreement:
I was move y Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to approve the Agreement and
to authorize the Mayor and City Clerk to sign on behalf of
the City. The City's representative to SERRA is authorized
to request a refund in the amount of $13,442, as stated above.
CONSENT CALENDAR
It was moved by Councilman Schwartze 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. APPROVAL OF WARRANTS
(41) The List of Demands dated June 7, 1978, Warrants Nos. 14268
through 14376, inclusive, in the total amount of $854,112.63,
is approved as submitted.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF MAY 22, 1978
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of May 22, 1978, is ordered received and filed.
3. REPORT OF PLANNING COMMISSION MEETING OF MAY 23, 1978
(67) The Report of Actions taken by the Planning Commission at
the meeting of May 23, 1978, is ordered received and filed.
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4. INVESTMENT OF CITY FUNDS -
RESOLUTION EL TING A=ORITY
(41) The following Resolution is adopted:
RESOLUTION NO. 78-6-7-2, INVESTMENT OF CITY FUNDS -
U O T E I I F THE CITY OF SA
JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY
TREASURER AUTHORITY TO INVEST OR REINVEST FUNDS OF
THE CITY, AND REPEALING RESOLUTION NO. 78-3-15-3
The Resolution adds the name of the City Clerk to the list
of signatures required for all investments and reinvestments
of City funds, due to her appointment as Deputy City Treasurer
effective June 17, 1978, as set forth in the report dated
June 7, 1978, from the City Treasurer.
5. CITY BANK ACCOUNTS -
RESOLUTION AUT9MMING SIGNATURES
(41) The following Resolution is adopted:
RESOLUTION NO. 78-6-7-3, CITY BANK ACCOUNTS
AUTHORIZED IG E - A RESOLUTION OF THE CITY
CITY—GFCOUNCIL OF THE SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING DEPOSIT ACCOUNTS WITH
THE SAN JUAN CAPISTRANO BRANCHES OF BANK OF
AMERICA, CALIFORNIA FIRST BANK, CAPISTRANO
NATIONAL BANK, SECURITY PACIFIC NATIONAL BANK,
HOME FEDERAL SAVINGS AND LOAN, BRENTWOOD SAVINGS
AND LOAN, AND GIBRALTAR SAVINGS AND LOAN, AND
AUTHORIZING SIGNATURES THEREFOR, AND REPEALING
RESOLUTION NO. 78-3-15-2
The Resolution adds the name of the City Clerk to the list
of authorized signatures on the City bank accounts, due to
her appointment as Deputy City Treasurer effective June 17,
1978, as set forth in the report dated June 7, 1978, from
the City Treasurer.
6. ACCEPTANCE OF WORK AND NOTICE OF COMPLETION -
O O ROAD CROSSING FLOOD DAMAGE
(80) The following Resolution is adopted:
RESOLUTION NO. 78-6-7-7, COMPLETION OF OSO ROAD
CROSSING - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY -aAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED FOR THE CONSTRUCTION OF THE
OSO ROAD CROSSING
The Resolution accepts the work as completed by Fred Weiz
and Associates, Inc., of Mission Viejo for the repair of
flood damage to Oso Road across Trabuco Creek and directs
that a Notice of Completion be filed with the County
Recorder within 10 days. Payment is authorized to the
contractor in the final amount of $7,201.52 upon expiration
of 35 days after the date of recordation of the Notice.
7. CLAIMS AGAINST THE CITY -
(35) The following claims, as set forth in the report dated
June 7, 1978, from the City Clerk, for flood damages allegedly
occurring on March 3, 1978, to the property known as the
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Vermeulen Ranch at 32382 Del Obispo Street, are denied and
referred to the City's insurance carrier, Dan Gorman Insurance:
(1) Claim of Gengi Kawamura in the total amount of
$28,750.00 for 5 acres of celery valued at $5,750.00
per acre.
(2) Claim of Charles and Irene Vermeulen in the total
amount of $917,000.00 for repair, cleanup, top
soil, crop restoration over a 5 -year period of
time, and future prospective flooding.
8. CLAIMS AGAINST THE CITY -
TADAICHI KINOSHITA, ET Ar.
(35) The following claims, as set forth in the report dated
June 7, 1978, from the City Clerk, for flood damages allegedly
occurring on March 3, 1978, to the property known as the
Kinoshita Ranch at 32701 Alipaz Street, are denied and
referred to the City's insurance carrier, Dan Gorman Insurance:
(1) Claim of Tadaichi, Bobby, and Shigeru Kinoshita in
the total amount of $996,500 for repair, cleanup, land
restoration, future prospective flooding, crop and
crate loss.
(2) Claim of Tadaichi, Bobby, Shigeru, Sanji, and Sho
Kinoshita in the total amount of $996,500.00 for
repair, cleanup, land restoration, future prospective
flooding, crop and crate loss.
The claimants' attorney states that duplicate amounts are
stated although only one loss is claimed.
9. APPROVAL OF REVENUE SHARING GRANT APPLICATION -
SENIOR CITIZENS PROGRAM AT HOT SPRINO-UMME71ALL
(41) The purpose and intent of the application for Revenue Sharing
(23) Funds in the amount of $9,905 for staffing of the Senior
Citizens Program is approved and the City's fund match in
the form of renovation costs of the Hot Springs Dance Hall
is authorized.
10. SERRA. PROJECT COMMITTEE NO. 2
AGREEMENTAMENDMENT TO P TION AND
MAINTENANCE OF THE WASTEWATIMPLANT
(38) The First Amendment to the Agreement Between the Southeast
Regional Reclamation Authority (SERRA) for and on behalf of
Project Committee No. 2 with the City of San Juan Capistrano
for the Operation and Maintenance of Wastewater Treatment
Plant is approved and the Mayor and City Clerk authorized
to sign on behalf of the City. The Agreement amends the
term of the March 3, 1976, Agreement effective July 1,
1978, and replaces the Amendment approved on May 17, 1978.
11. WEED ABATEMENT SERVICES -
APPROVAL OF PROGRESS PAYMENT
(74) Progress Report No. 1 for weed abatement services is accepted
and staff is authorized to make payment to B.E. Taylor Company
of Fountain Valley in the amount of $4,062.33.
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12. DIVISION OF LAND 76-11 (HOBBS) -
13OND RELEASEIO
(85) The public improvements for Division of Land 76-11 are
accepted and the following bonds released:
Labor and Material Bond, Certificate of Deposit
No. 2072, in the amount of $18,500 issued by
Manufacturers Bank of Newport Beach;
Faithful Performance Bond (Private), Certificate
of Deposit No. 2073 in the amount of $19,000,
issued by Manufacturers Bank of Newport Beach.
The following bond is extended to June 7, 1979, at which
time its release is authorized by staff:
Faithful Performance Bond (Public), Certificate
of Deposit No. 2071 in the amount of $18,500,
issued by Manufacturers Bank of Newport Beach.
SAFER OFF -SYSTEM (SOS) ROADS FUNDS -
APPROVAL OF P FUNDS
(44) In response to Councilman Thorpe, the City Manager advised
that a re-evaluation of City participation in fund matching
programs would be in order as a result of possible cutbacks
due to the passage of Proposition 13.
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried that the following Resolutions,
as set forth in the report dated June 7, 1978, from the
Director of Public Works, be adopted:
(1) RESOLUTION NO. 78-6-7-4, APPROVING COUNTY SAFER
OFF-SYSTEfiY ROADS PROGRAM AND FUNDING A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE ORANGE COUNTY SAFER OFF -
SYSTEM ROADS PROGRAM AND THE METHOD OF DISTRIBUTION
OF FUNDS
(2) RESOLUTION NO. 78-6-7-5, REQUESTING 1976-77 COUNTY
SAFER OFF -SYSTEM ROADS FUNDS - A RESOLUTION OF THE
CITY MUNCILI SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO
ALLOCATE SAFER OFF -SYSTEM ROADS PROGRAM FUNDS FOR
THE 1976-77 FISCAL YEAR
The Resolution requests an allocation of $5,885 for a
pedestrian path on the south side of Camino del Avion between
Del Amo and Alipaz Street.
(3) RESOLUTION NO. 78-6-7-6, REQUESTING 1977-78 COUNTY
SAFER OFF -SYSTEM ROADS FUNDS - A RESOLUTION OF —THE
CITY COUNCIL OF THE CITYOF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO
ALLOCATE SAFER OFF -SYSTEM ROADS PROGRAM FUNDS FOR
THE 1977-78 FISCAL YEAR
The Resolution requests an allocation of $5,884 for construction
of sidewalks on E1 Camino Real from Acjachema Street to
500 feet southerly.
CAMINO DEL AVION STORM DRAIN AND DEL OBISPO STREET STORM CHANNEL -
APPROVAL 67 PLANS AND SP7C1T-7ATTM--
(80) It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the plans and
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specifications for construction of the Camino del Avion
Storm Drain and the Del Obispo Street Storm Channel, as
requested by the Orange County Environmental Management
Agency.
The City is obligated to finance $25,000 of the Camino del
Avion Storm Drain; County construction is conditioned upon
possible reduction of expenditures due to the Jarvis -Gann
Amendment, as set forth in the report dated June 7, 1978,
from the Director of Public Works.
CAMINO CAPISTRANO IMPROVEMENTS -
T TU REPORT
-
(83) It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to receive and file the
Status Report for Camino Capistrano Improvements and request
that staff report back to Council in July, 1978, with
plans, specifications, and cost analysis.
TRACT 10090 (BUTLER) -
p L
(85) The Final Map for Tract 10090 and the Subdivision Agreement
are approved, contingent upon the signature of Mrs. Laura
Hartley, the property owner, on an agreement to postpone
public improvements for the future Via Estelita extending
from the westerly tract boundary to the City limits. The
Map is found consistent with the General Plan and in
substantial compliance with the approved Tentative Map and
is in conformance with the Subdivision Map Act; all fees have
been paid and conditions of approval met, as set forth in
the report dated June 7, 1978, from the Director of Public
Works. The Mayor and City Clerk are authorized to sign
the agreements on behalf of the City.
ADMINISTRATIVE ITEMS
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. SERRAPROJECT COMMITTEE NO. 12 -
I I LODGE DISPOSAL, OUT AST COUNTY WATER DISTRICT
(79) The Director of Public Works requested that no Council action
be taken on this matter at the present time.
COUNCIL ACTIONS
1. APPOINTMENTS TO DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE
(23) Councilman Buchheim advised that the Downtown Study Committee
has been unable to reach a quorum at recent meetings and that
filling of the two existing vacancies would be in order.
Council received copies of the applications on file.
Appointment of Anne Schauwecker:
was move y ounce man uc heim, seconded by Councilman
Schwartze and unanimously carried that Anne Schauwecker,
31592 Paseo Don Jose, be appointed to the Committee.
Appointment of W.W. McKinley:
ounce man c war ze nomina ed Barbara Davies; Councilman
Hausdorfer nominated William McKinley. Council Members then
wrote their preference on secret ballots. Upon receipt
of the ballots, the City Clerk announced that William W.
McKinley, 31050 Los Cerritos Road, had received the majority
vote and is appointed to the Committee.
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COUNCIL REMARKS
1. REQUEST FOR EKPANSION OF RANCH MARKET (VERMEULEN)
(68) Councilman Hausdorfer noted his memorandum of June 7, 1978,
regarding discussions with Charles Vermeulen and Mr. Vermeulen's
statement that he was rescinding his request for a beer and
wine license and for any expansion of his farmers market
on Del Obispo Street. Mr. Hausdorfer will continue to
discuss the issues with Mr. Vermeulen and the Agriculture
Preservation Committee.
2. ARCHITECTURAL AWARD - CAPISTRANO DEPOT
(36) Councilman Hausdorfer noted that the Capistrano Depot had
recently received an award from the Orange County Chapter
of the American Institute of Architects and that it would
be appropriate for the Council to send a congratulatory
letter.
3. LEGISLATION
(51) It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried that the City express the
following positions regarding proposed legislation:
(1) Support - Assembly Bill 3793 (Imbrecht) would allow
publication or posting of summaries of ordinances
rather than the full text;
(2) Oppose - Senate Bill 1757 (Alquist) would restrict
City authority to regulate CATV Companies by mandating
a maximum period of 90 days for cities to act on requests
for rate increases;
(3) Oppose - Senate Bill 1746 (Mills) would abolish the
Comprehensive Planning Organization and authorize its
replacement by the County of San Diego as the regional
planning agency.
4. RECREATION DEPARTMENT - 6 -MILE RUN
(62) Councilman Buchheim commended the Recreation staff for the
success of their efforts in the City's first 6 -Mile Run
event held on May 20, 1978.
5. REQUESTS FOR DOCUMENTS
(32) Councilman Thorpe requested receipt of a list of residential
building permit allocations beginning with 1977, and also
requested copies of the Capistrano Valley Circulation Study
Environmental Impact Report.
6. LOCAL NEWS COVERAGE
(32) Councilman Hausdorfer noted that the Daily Sun -Post has
designated a page for San Juan Capistrano news and expressed
his appreciation. Mayor Friess noted recent staff changes
on the Sun -Post, Daily Pilot and News Post.
ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
1. PRELIMINARY 1978-83 FISCAL BUDGET
(24) Copies of the preliminary budget for the 5 -year period
1978-83 were presented to Council and staff. The City
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427
Manager recommended that by the end of June Council approve
an interim budget for a 6 -month period with any promotions
frozen. Mr. Mocalis advised that the City is not expected
to reduce the level of Sheriff services and that a vigorous
Sheriff Reserve program is being considered.
Councilman Thorpe requested that items which could be frozen
for 6 months be identified for presentation at the next
Council meeting.
RECESS AND RECONVENE
Council recessed to an Executive Session for discussion of
litigation at 11:10 P.M., the City Clerk being excused therefrom,
and reconvened at 12:12 A.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:12 A.M., Thursday, June 8, 1978, to the
next meeting date of Wednesday, June 14, 1978, at 7:00 P.M.,
in the City Council Chamber.
ATTEST:
ICUs-E..—FRIESS, MAYO
Respectfully submitted,
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