78-0621_CC_Minutes_Regular Meeting430
JUNE 21, 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
7:12 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Martin,
Old Mission 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.
MTNiTTF.S
Regular Meeting of June 7, 1978:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze that the Minutes of the Regular Meeting of June 7,
1978, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Adjourned Regular Meeting of June 14, 1978:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer, that the Minutes of the Adjourned Regular Meeting
of June 14, 1978, be approved as submitted. The motion carried
by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, 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
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431
ORAL COMMUNICATIONS
1. COMMISSION REPRESENTATION
(23) The following Commission Members advised that they were in
attendance to answer any questions regarding recommendations
made to the Council:
Richard Nelson, Traffic and Transportation Commission;
Michael Berns, Planning Commission.
WRITTEN COMMUNICATIONS
SAN JUAN 4th OF JULY ASSOCIATION
(61) Council received copies of a letter dated June 6, 1978, _
from Toni Decker, President of the San Juan 4th of July
Association, requesting continued City support and
insurance coverage for the one -day annual celebration.
With the concurrence of Council, Mayor Friess directed
that the matter be considered with the budget discussions
later on the Agenda.
PUBLIC HEARINGS
1. APPROVAL OF TENTATIVE TRACT 9784 (MISBIN)
(85) Proposal:
Approval of Tentative Tract 9784 for a land sale subdivision
of approximately 103 acres of land located at the present
easterly terminus of Camino Las Ramblas. The proposal was
considered by the City Council on April 19th, at which time
it was referred to the Planning Commission for further
information on tract design and the amount of traffic to
be alleviated by the proposed construction of Route "E."
Applicant:
Alto Capistrano Properties (Morris Misbin, et al.),
33901 Calle Borrego.
Written Communications:
(1) Report dated June 21, 1978, from the Director of
Community Planning and Development forwarding a
Resolution listing proposed conditions of approval
for the development, as recommended by the Planning
Commission on May 23, 1978. Zone Variance 78-6 was
conditionally approved by the Commission.
Exhibits were on display, and Mr. Merrell made an oral
presentation.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open, and the following persons
addressed the Council in opposition to the project:
(1) Jerry Kaufman, 27001 Calle Don Carlo;
(2) Alzerete Nowreddine, 27002 Calle Don Carlo;
(3) Jack Matheson, 33712 Calle Miramar;
(4) Joe Thomas, Avenida Calita;
(5) John Urbanowski, 33922 Avenida Calita;
(6) Donald Hess, 33911 Avenida Calita;
(7) Jim Fisher, Meredith Canyon;
(8) Dee Tyler, 26982 Via Banderas;
(9) Michael Berns, Planning Commissioner.
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432
RESOLUTION NO. 78-6-21-1, TENTATIVE TRACT
9784 (MISBIN) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT 9784
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe and Buchheim
NOES: Councilman Schwartze and Mayor Friess
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:55 P.M., and reconvened at 9:10 P.M.
' 2. APPROVAL OF DIVISION OF LAND 78-1 (HENSON)
(85) Proposal:
A division of 2.3 acres of land into two parcels for
property located on the extension of Via de Linda known
as Cook Lane.
Applicant:
John W. Henson, 57 East Providencia, Burbank, California 91502.
Written Communications:
Report dated June 21, 1978, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission on May 23, 1978.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no
response, declared the Hearing closed.
Approval of Division of Land 78-1:
It was moved by Councilman Schwartze and seconded by
Councilman Thorpe that the following Resolution be adopted:
RESOLUTION NO. 78-6-21-2, TENTATIVE PARCEL MAP,
DIVISION OF LAND 78-1 (HENSON) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR
DIVISION OF LAND 78-1, A PROPOSAL TO CREATE TWO
PARCELS FROM ONE 2.3+ ACRE PARCEL - ONE 1.1+ ACRE
PARCEL AND ONE 1.2+ ACRE PARCEL
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6/21/78
The following persons addressed the Council in favor of
the project:
(1) Carol McPherson, 33775 Via de Agua;
(2) D. Charles Buell, President, Alto Capistrano
Homeowners Association;
(3) Morris Misbin, applicant.
There being no one else wishing to address the Council,
Mayor Friess closed the Public Hearing.
'
Approval of Tentative Tract 9784:
It was moved by Councilman Hausdorfer and seconded by
Councilman Buchheim that the following Resolution be
adopted subject to the conditions listed and with the
addition of Condition 27 providing that the developer
'
shall be responsible for all costs of grading, landscaping
and full development of the park site:
RESOLUTION NO. 78-6-21-1, TENTATIVE TRACT
9784 (MISBIN) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT 9784
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe and Buchheim
NOES: Councilman Schwartze and Mayor Friess
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:55 P.M., and reconvened at 9:10 P.M.
' 2. APPROVAL OF DIVISION OF LAND 78-1 (HENSON)
(85) Proposal:
A division of 2.3 acres of land into two parcels for
property located on the extension of Via de Linda known
as Cook Lane.
Applicant:
John W. Henson, 57 East Providencia, Burbank, California 91502.
Written Communications:
Report dated June 21, 1978, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission on May 23, 1978.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no
response, declared the Hearing closed.
Approval of Division of Land 78-1:
It was moved by Councilman Schwartze and seconded by
Councilman Thorpe that the following Resolution be adopted:
RESOLUTION NO. 78-6-21-2, TENTATIVE PARCEL MAP,
DIVISION OF LAND 78-1 (HENSON) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR
DIVISION OF LAND 78-1, A PROPOSAL TO CREATE TWO
PARCELS FROM ONE 2.3+ ACRE PARCEL - ONE 1.1+ ACRE
PARCEL AND ONE 1.2+ ACRE PARCEL
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6/21/78
433
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
3. REZONE 78-4 (HARRISON HOUSE/PARRA ADOBE)
(95) Proposal:
(23) A City -initiated amendment to the Official Zoning Map for
a zone change from RS (Single Family) to IP (Public
Institutional) for City -owned Lot A of Tract 7673 which
is to be leased to the Capistrano Indian Council for use
as a display/office. The Indian Council will serve as
caretaker for the restored Parra Adobe and Harrison
House located on the property.
Written Communications:
Report dated June 21, 1978, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission on May 23rd.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no
response, declared the Hearing closed.
Approval of Rezone 78-4:
It was moved by Councilman Schwartze and seconded by
Councilman Hausdorfer as follows:
(1) To accept the recommendation of the Environmental
Review Board that the project qualifies for the
use of a single Environmental Impact Report
previously prepared and certified by the City
Council for Tract 7673 for which the subject
parcel is a part; and, following reading of the
title by the City Attorney,
(2) To introduce the following Ordinance:
REZONE 78-4 (HARRI
rAAr'A HLUnz) - KLN UtGJ11'4l 1'4L_ , Ur' ',Lnr, l:l'1'Y Ur,,RLV
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL
ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING
THE ZONING OF LOT A OF FINAL TRACT 7673 FROM RS
(SINGLE FAMILY) TO IP (PUBLIC INSTITUTIONAL)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
4. ADOPTION OF UNIFORM FIRE CODE, 1976 EDITION,
WITH AMENDMENTS, AND REPEAL OF ORDINANCE
NOS. 259 and 291 (INTRODUCTION)
(42) Proposal:
Adoption of the 1976 Edition of the Uniform Fire Code,
with amendments.
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434
Written Communications:
Report dated June 21, 1978, from the City Clerk forwarding
a proposed Ordinance.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open; and, there being no
response, declared the Hearing closed.
Introduction of Ordinance No. 362:
' 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 Thorpe that the
following Ordinance be introduced:
ORDINANCE NO. 362, UNIFORM FIRE CODE, 1976 EDITION -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE, 1976
EDITION, WITH AMENDMENTS THERETO, AND REPEALING
ORDINANCES NOS. 259 AND 291
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
5. REPAIR OF STORM DAMAGED PROPERTIES
(80) Proposal:
Coordination of a comprehensive storm damage restoration
' project, including both public and private properties,
within two areas of Del Obispo Road, on Avenida Evita
and on Camino Las Ramblas. All of the project areas are
eligible for Federal Disaster Assistance Administration
funding with the exception of the Del Obispo sidewalk
slide caused by slope saturation from properties at
31931, 31941 and 31951 Calle Winona.
Written Communications:
Report dated June 21, 1978, from the Director of Public
Works, advising that the Hearing is held for the purpose
of notifying private property owners that repairs will
be performed, that right-of-way entry is needed, and that
certain owners will be assessed the cost of restoration.
The cost to each of the Calle Winona property owners is
estimated at $1,400.
Public Hearing:
Notice having been given, Mayor Friess declared the Public
Hearing open, and the following persons responded:
(1) Dick Rush, 31951 Calle Winona, stated that property
owners should not be assessed for restoration of
the public sidewalk.
' There being no one else wishing to address the Council,
Mayor Friess declared the Public Hearing closed.
Council Discussion:
The Director of Public Works advised that the sidewalk
damage was caused by slippage from private property and
if City crews performed work on such private property,
the City could be held responsible for future liability.
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435
The City Attorney advised that the liability concerns
could be resolved by means of an agreement granting a
temporary easement with a hold harmless clause.
There was a consensus of the Council that staff work with
the property owners in an attempt to repair the damage,
without assuming liability, at the earliest possible
time. Further staff report will be submitted during July.
6. ADOPTION OF INTERIM, 120 -DAY BUDGET
FISCAL YEARS 1978-83 —
(24) The City Manager distributed copies of a proposed
Resolution adopting an interim budget for a 120 -day
period of time, or until October 31, 1978, subject
to 5 restrictions on overtime pay, filling of vacancies,
out -of -county travel, capital purchases, and capital projects.
Mr. Mocalis suggested the addition of a 6th restriction,
as follows:
(6) Approval of the Community Services budgets
are deferred pending further review.
Public Hearing:
Notice having been given, Mayor Friess declared the Public
Hearing open, and the following persons responded:
(1) Marilyn Williams, Chairman, Budget Study Committee,
Capistrano Community Affairs Council, suggested
that the interim budget period would be an appropriate
time for Council to review the status of the City
pension plan and whether it is on a pay-as-you-go
basis. The City Manager advised that the City is
a member of the Orange County Employees Retirement
System, which has been found to be actuarily sound.
Mayor Friess directed that the City Manager prepare a
public statement on the status of the retirement system.
There being no one else wishing to address the Council, Mayor
Friess declared the Public Hearing closed.
Council Discussion:
Councilman Thorpe stated that item No. 2 of the proposed
Resolution should not be limited to vacancies in the
classified service and should state that vacancies will
not be filled without Council review during the interim
period.
Adoption of Interim, 120 -day Budget:
It was moved by Councilman Thorpe and seconded by Councilman
Schwartze that the following Resolution be adopted with
the amendment to Item No. 2 and the addition of Item No. 6:
RESOLUTION NO. 78-6-21-3, FISCAL BUDGET, 1978-1983 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING AN INTERIM
FIVE-YEAR BUDGET AND AUTHORIZING EXPENDITURES
RELATED THERETO
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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436
The Resolution cites the following restrictions:
(1) No compensated overtime work by classified
employees will be permitted, except for
emergency overtime subject to the City
Manager's approval.
(2) Vacancies will not be filled by replacement
hiring without the City Manager's approval and
concurrence of the City Council.
' (3) All out -of -county travel will be restricted to
non -classified employees.
(4) No capital purchases will be made without the
City Manager's approval and the City Council's
concurrence.
(5) All proposed capital projects are suspended,
subject to individual review by the City Council.
(6) Approval of the Community Services budgets are
deferred pending further review.
(61) The Director of Administrative Services advised that the
request of the San Juan 4th of July Association for
support in the amount of $700, one -day insurance cover-
age, and staff assistance was approved with adoption
of the 1977-78 fiscal budget and that further Council
action was not necessary.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 355 -
APPROVAL OF REZONE 78-5 (LASHBROOK/MANSELL)
(95) 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 June 7, 1978. It was moved by Councilman
Schwartze and seconded by Councilman Buchheim that the
following Ordinance be adopted:
ORDINANCE NO. 355, REZONE 78-5 (LASHBROOK/MANSELL)
AN ORDINANCE OF THE 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 Hausdor£er, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. ADOPTION OF FEE ORDINANCES -
' BUILDING AND SAFETY DIVISION
(25) Proposal:
Adoption of fee schedules, since the Building and Safety
Division will undertake the full responsibility for the
issuance of various permits, effective July 1, 1978.
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437
Written Communications:
Report dated June 21, 1978, from the City Clerk, forwarding
5 proposed ordinances as urgency matters.
of Ordinance No. 356, Building and
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 Buchheim that the following
Ordinance be adopted: —
ORDINANCE NO. 356, BUILDING AND HOUSING CODE FEES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A BUILDING PERMIT FEE _
SCHEDULE AND AMENDING ORDINANCE NO. 268 (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
�Y710YY��C�II�
of Ordinance No. 357, Gradinq Code Fees:
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 Thorpe that the
following Ordinance be adopted:
ORDINANCE NO. 357, GRADING CODE FEES - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A GRADING PERMIT FEE
SCHEDULE AND AMENDING ORDINANCE NO. 180 (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Adoption of Ordinance No. 358, Uniform Mechanical
Code Fees:
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
Buchheim and seconded by Councilman Hausdorfer that the
following Ordinance be adopted:
ORDINANCE NO. 358, UNIFORM MECHANICAL CODE FEES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A MECHANICAL PERMIT
FEE SCHEDULE AND AMENDING ORDINANCE NO. 270
(URGENCY)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ME
6/21/78
Adoption of Ordinance No. 359, Plumbing Code Fees:
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 Thorpe that the
following Ordinance be adopted:
ORDINANCE NO. 359, PLUMBING CODE FEES - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A PLUMBING PERMIT FEE
SCHEDULE AND AMENDING ORDINANCE NO. 269 (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
Adoption of Ordinance No. 360, Electrical Code Fees:
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
Buchheim and seconded by Councilman Thorpe that the
following Ordinance be adopted:
ORDINANCE NO. 360, ELECTRICAL CODE FEES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING AN ELECTRICAL PERMIT
FEE SCHEDULE AND AMENDING ORDINANCE NO. 271
(URGENCY)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
3. CITY CODE PREPARATION
REPEAL OF ORDINANCE NOS. 61, 120, 164, AND 193
(55) Proposal:
Repeal of five ordinances no longer in effect in conjunction
with the preparation of the City Code.
Written Communications:
Report dated June 21, 1978, from the City Clerk.
Introduction of Ordinance No. 363:
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 Buchheim that the following
Ordinance be introduced, with the direction that Ordinance
No. 326 regulating airport use not be included for repeal:
ORDINANCE NO. 363, MUNICIPAL CODE PREPARATION -
ItrSkIr" it Vl l.l. t["1 H11V VLCL 11VH1V l.l.J - t 1 VLlL 11V tfLV l.1', VL
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REPEALING ORDINANCES NUMBERED 61, 120, 164, AND 193
The motion carried by the following vote:
6/21/78
439
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
RESOLUTIONS
1. ESTABLISHMENT OF MOBILE HOME PERMIT FEES
(25) Proposal:
Adoption of a Resolution establishing fee schedules for
the issuance of various mobile home permit fees, pursuant
to Title 25 of the California Administrative Code.
Written Communications:
Report dated June 21, 1978, from the City Clerk forwarding
a proposed Resolution.
Adoption of Resolution No. 78-6-21-4,
Permit Fees - Mobile Homes:
It was moved by Councilman Schwartze and seconded by
Councilman Thorpe that the following Resolution be adopted:
RESOLUTION NO. 78-6-21-4, PERMIT FEES - MOBILE HOMES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
PERMIT FEES FOR MOBILE HOME PARKS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
2. CAPISTRANO VALLEY CIRCULATION STUDY -
SUPPORTING THE RECOMMENDED PLAN, WITH MODIFICATIONS
(44) Proposal:
Adoption of the Recommended Plan of the Capistrano Valley
Circulation Study with amendments. The Study covers an
area east of Crown Valley Parkway, including the City, and
extends south to the Pacific Ocean. The Study was
conducted to determine secondary and commuter highway
needs in connection with the South East Orange County
Circulation Study (SEOCCS). The County Master Plan of
Arterial Highways will be amended based on the findings
of the Study.
Written Communications:
Report dated June 21, 1978, from the Director of Public Works
forwarding the recommendation made by the Traffic and
Transportation Commission on June 8, 1978, in support of
the County Plan, with the deletion of the Junipero Serra
crossing from Alipaz to Golden Lantern. The Plan includes
the reclassification of portions of Alipaz, La Novia, and
Ortega Highway from secondary to primary highways, and
the reclassification of a portion of Stonehill Drive from
a primary to a major highway.
Council Discussion:
Council Members Hausdorfer, Schwartze and Friess noted
their concerns with the proposed widening of Alipaz and
construction of a Stonehill Drive valley crossing.
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u
J
Councilman Buchheim stated his support for the reclassification
of Alipaz Street. Councilman Thorpe cited concerns with
environmental impacts, economic impacts of establishing
freeway ramps, and traffic impacts of construction in
surrounding unincorporated territory. Mr. Thorpe noted
that although the Environmental Impact Report should be
objective, it contains many subjective statements based
on County criteria and should be found invalid. Councilman
Hausdorfer stated that the Stonehill crossing is unacceptable
because of its lack of ability to move traffic through the
City.
Bill Zaun, Orange County Environmental Management Agency,
addressed the Council and advised that the Stonehill
extension would utilize existing northbound on -ramps to
the I-5 Freeway and that precise plans would deal with
the intersection at Camino Capistrano with conventional
traffic signals.
Mayor Friess noted that traffic problems should be resolved
before additional County development is approved.
Ralph White, County Transportation Planning Project Manager
for the Capistrano Valley Circulation Study, noted that
traffic from the Dana Point area will traverse the City
until Golden Lantern is constructed, which may be many
years in the future.
Bill Zaun cited County assistance through the plans for
Bear Brand Ranch, Arterial Highway Financing Program
funds, and willingness to assist with the City portion of
Stonehill Drive.
Approval of Recommended Plan With Modifications:
It was moved by Councilman Hausdorfer and seconded by
Councilman Schwartze to support the recommendation of
the Traffic and Transportation Commission with the
following amendments:
(1) Reclassification of Alipaz Street from a primary
to a secondary from Camino del Avion to Junipero
Serra Road;
(2) Inclusion of the City's previous position that the
necessity for a Stonehill Drive crossing has not
yet been satisfactorily demonstrated, the City prefers
that the crossing have a straight across the valley
alignment, with the condition that on- and off -ramps be
provided at the freeway access.
(3) Inclusion of the recommendation that extensive and
detailed environmental impact reports be completed
if either the Stonehill Drive crossing or the
Junipero Serra Road crossing are considered for
implementation;
and, that the following Resolution be adopted:
RESOLUTION NO. 78-6-21-5, CAPISTRANO VALLEY
CIRCULATION STUDY - A RESOLUTION OF THE CITY
' COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING THAT THE ORANGE COUNTY
BOARD OF SUPERVISORS ADOPT THE RECOMMENDED PLAN
OF THE CAPISTRANO VALLEY CIRCULATION STUDY,
WITH AMENDMENTS AS CONTAINED HEREIN
The motion carried by the following vote:
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441
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: Councilman Buchheim
ABSENT: None
BIDS. CONTRACTS. AGREEMENTS
1. MAJOR STREET REPAIRS -
AWARD OF CONTRACT TO THE GRIFFITH COMPANY
(83) It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to accept the low bid
submitted by the Griffith Company in the total amount of _
$21,275.00 for the project known as "Major Street Repairs,"
and to authorize the Mayor and City Clerk to execute the
contract on behalf of the City.
2. CALLE ARROYO SEWER
AWARD OF CONTRACT TO FROST CONSTRUCTORS
(80) It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to accept the low bid
submitted by Frost Constructors in the total amount of
$60,797.00 for the project known as "Calle Arroyo Sewer,"
and to authorize the Mayor and City Clerk to execute the
contract on behalf of the City.
3. SEWERLINE MAINTENANCE -
AWARD OF CONTRACT TO EMPIRE PIPE CLEANING COMPANY
(80) It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to accept the low bid
submitted by Empire Pipe Cleaning Company in the amount
of 9C per lineal foot for routine and emergency maintenance
of City sewerlines and to authorize the Mayor and City Clerk
to execute the contract on behalf of the City.
4. REIMBURSEMENT AGREEMENT FOR IMPROVEMENT OF ORTEGA HIGHWAY
TRACTS 7673, 8485 AND 9383 (MAURER DEVELOPMENT)
(85) Proposal:
(44) A request of Maurer Development Company for reimbursement of
expenses for acquisition of right-of-way and for construction
improvements to the Ortega Highway between Ganado Road and
Windsong Drive. The improvements were a condition of approval
of Tracts 7673, 8485 and 9382. The proposed agreement provides
that the properties fronting Ortega Highway will be required
to reimburse the developer's costs at such time as those
properties are developed. The obligation for reimbursement
of right-of-way acquisition is proposed to run for ten years;
the obligation for construction costs to run for four years.
Written Communications:
(1) Report dated June 21, 1978, from the Director of
Public Works forwarding the proposed Agreement.
(2) Memorandum dated June 21, 1978, from the City Clerk
providing a revised copy of the Agreement with
miscellaneous changes.
(3) Letter dated June 16, 1978, from Maurer Development
Company, 14841 Yorba Street, Tustin, 92680, requesting
that the Agreement remain in effect for fifteen years
and that it be recorded.
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Robert Maurer, the developer, addressed the Council
to request that the reimbursement periods not be limited
so that he may be assured of cost reimbursement and to
advise that his attorney has not approved the hold harmless
clause.
Approval of Ag reement With Amendments:
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried to approve the "Agreement
for Reimbursement of Construction Costs Incurred in the
Construction of Improvements to Ortega Highway in Connection
with Tracts 7673, 8485 and 9382 with the following
amendments:
(1) Page 3, Paragraph III, Time Requirements, shall
read: "This agreement shall be in effect for
fifteen (15) years from the date first above
written."
Further, Page 2, Paragraph C, containing the hold
harmless provisions, is to be included.
(2) Include the wording changes provided by the City Clerk.
The Mayor and City Clerk are authorized to execute the
Agreement on behalf of the City.
5. AGREEMENT FOR LAW ENFORCEMENT SERVICES -
FISCAL YEAR 1978-79
(70) Proposal:
Approval of an Agreement with the County of Orange for the
provision of law enforcement services by the Sheriff's
Department for fiscal year 1978-79. The level of service
will be equal to that provided during 1977-78.
Written Communications:
Report dated June 21, 1978, from the City Manager forwarding
the proposed Agreement.
Approval of Agbyreement:
It was moved Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to approve the Agreement
for fiscal year 1978-79 in the total amount of $443,572,
and to authorize the Mayor and City Clerk to execute the
Agreement on behalf of the City.
6. AGREEMENT FOR ANIMAL CONTROL SERVICES -
FISCAL YEAR 1978-79
(57) Proposal:
Approval of an Agreement with the County of Orange for the
provision of animal control services for fiscal year 1978-79.
The County retains all fees and revenue derived from the
enforcement of City animal control ordinances in consideration
of rendering the services.
Written Communications:
Report dated June 21, 1978, from David L. DeBeauvais,
Administrative Aide, forwarding the proposed Agreement.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the Agreement
for the provision of animal control services for fiscal
year 1978-79 and to authorize the Mayor and City Clerk
to execute the Agreement on behalf of the City.
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443
CITY COUNCIL AGENDA
(32) Councilman Schwartze suggested that it may not be necessary
(69) for staff to include copies of many report documents with
the City Council packet materials. There was a consensus
of the Council that standard agreements with company names
and dates inserted need not be duplicated in the future;
staff is to continue to provide copies of other documents.
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 21, 1978, Warrants Nos. 14377
through 14487, inclusive, and 1911 Act Account Warrant
No. 0226, in the total amount of $268,059.12, are approved
as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF MAY 31, 1978
(41) The City Treasurer's Report of Investments as of May 31,
1978, is approved as submitted.
3. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF APRIL 30, 1978
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the ten-month period ending April 30, 1978, is
approved as submitted.
4. REPORT OF PLANNING COMMISSION MEETING OF JUNE 13, 1978
(67) The Report of Actions taken by the Planning Commission at the
meeting of June 13, 1978, is ordered received and filed.
5. TRACT 9682 (COOK) -
AND NOTICE OF COMPLETION
(85) The following Resolution is adopted:
RESOLUTION NO. 78-6-21-6, COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 9682 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS - TRACT 9682
The Resolution accepts the work and directs that a Notice
of Completion be forwarded to the County Recorder within
10 days.
Bond Release and Extension:
Release of the following sureties is authorized upon the
expiration of 35 days from recording the Notice of
Completion:
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Labor and Material Irrevocable Documentary
Credit in the amount of $30,450 issued by
California First Bank;
Faithful Performance (private) Irrevocable
Documentary Credit in the amount of $5,200
issued by California First Bank;
The following surety is extended to June 21, 1979, at
which time its release is authorized by staff:
Faithful Performance (public) Irrevocable
Documentary Credit in the amount of $30,450
issued by California First Bank.
6. GAS DIGESTER PIPING MODIFICATIONS
FINAL REPORT AND NOTICE OF COMPLE
SERRA
(79) The following Resolution is adopted:
RESOLUTION NO. 78-6-21-7, COMPLETION OF GAS
DIGESTER PIPING MODIFICATIONS (SERRA) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND SPECIFI-
CATIONS FOR THE CONSTRUCTION OF GAS DIGESTER
PIPING MODIFICATIONS (SERRA)
The Resolution accepts the work performed by Weardco
Construction Corporation and directs that a Notice of
Completion be forwarded to the County Recorder within
10 days. Current payment status is as follows:
Total Project Costs
Less 10% Retention
Total Due to Date
Previous Progress Payment
Final Progress Payment
Staff is authorized to release the
upon the expiration of 35 days from
of the Notice of Completion.
$25,286.00
2,528.60
22,757.40
14,607.00
$ 8,150.40
final payment of $2,528.60
the date of recordation
Bond Release and Extension:
Release of the following bond is authorized in conjunction
with the release of final payment:
Labor and Material Bond No. 9192174 in the amount
of $25,286.00 issued by Fidelity and Deposit
Company of Maryland.
The following bond is extended to June 21, 1979:
Faithful Performance Bond No. 9192174 in the amount
of $25,860.00 issued by Fidelity and Deposit
Company of Maryland.
7. TRACT 6381 (FREDRICKS DEVELOPMENT) -
ACCEPTANCE OF EASEMENT FOR OFFSITE ROAD
' (85) The Easement for an offsite road for Tract 6381 is
(91) accepted.
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445
8. AUTHORIZATION TO PROCESS TRAFFIC SAFETY GRANT
FOR PEDESTRIAN AND BICYCLE SAFETY
(87) The application for grant funds from the State Office of
Traffic Safety is approved for the purpose of preparing
an inventory to identify City needs for programs
involving pedestrian and bicycle safety, safe routes
to school, and facilities for the handicapped.
CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
AS OF MAY 31, 1978
(41) Following clarification, it was moved by Councilman
Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to approve the City Treasurer's
Report of 1911 Act Bond Delinquencies as of May 31,
1978, as submitted.
REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
JUNE 12. 1978
(23) It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried that the Report of
Actions taken by the Equestrian Commission at their
meeting of June 12, 1978, be received and filed.
TRACT 7654 (CORRALES ESTATES) -
APPROVAL OF TREE REMOVAL PERMIT
(85) It was moved by Councilman Thorpe, seconded by Councilman
(74) Schwartze and unanimously carried that, following further
review of the need to remove four trees within Tract 7654,
the Director of Community Planning and Development shall
be authorized to make the final decision.
CITY MANAGER
1. REVIEW OF COMMISSION APPOINTMENTS
(23) With the concurrence of Council, Mayor Friess directed
that this item be held over for consideration at the
meeting of July 5, 1978.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. HOUSING AND COMMUNITY DEVELOPMENT ACT GRANT
CITIZEN PARTICIPATION PROGRAM (LOS RIOS AREA)
(89) It was moved by Councilman Schwartze, seconded by Councilman
(23) Buchheim and unanimously carried to adopt the Citizen
Participation Program for the Los Rios Area, pursuant to
Housing and Community Development Block Grant Program
Regulations. The Program includes formation of an advisory
committee, conducting of on-going neighborhood/community
meetings, participation in County -conducted workshops, and
participation by area residents at public hearings to be
conducted by the advisory committee, Planning Commission,
and City Council. The City Program is set forth in the
report dated June 21, 1978, from the Director of Community
Planning and Development. _
2. ESTABLISHMENT OF LOS RIOS REVIEW COMMITTEE
AS HOUSING AND COMMUNITY DEVELOPMENT AGENCY ADVISORY
(89) It was moved by Councilman Schwartze and seconded by Councilman
(23) Hausdorfer that the following Resolution be adopted:
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RESOLUTION NO. 78-6-21-8, ESTABLISHING A LOS
RIOS REVIEW COMMITTEE - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CREATING AND ESTABLISHING POWERS AND
RESPONSIBILITIES FOR THE LOS RIOS REVIEW
COMMITTEE
The motion carried by the following vote:
Authorization to Submit Bid:
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried that the City Manager
and Director of Public Works be authorized to submit a
bid for the operation and maintenance of the SERRA Treatment
Plant on behalf of the City.
COUNCIL REMARKS
Councilman Schwartze advised that he will be unable to attend
the July 5th Council meeting.
Mayor Friess suggested that a Mayor's meeting be held in the
near future to meet with Commission Chairpersons,
COUNCIL ACTIONS
1. APPOINTMENT OF MEMBER TO ECONOMIC DEVELOPMENT COMMITTEE
(23) There was a consensus of the Council that this item be
considered at the meeting of July 5, 1978.
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AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
'
NOES: None
ABSENT: None
The Committee will be responsible for amendments to the
Los Rios Precise Plan, review and recommend on development
proposals and HCDA funded projects, and will serve as a
Housing Assistance Advisory Council.
Councilman Thorpe requested receipt of a copy of the
Los Rios Precise Plan.
DIRECTOR OF PUBLIC WORKS
1.
SERRA, PROJECT COMMITTEE NO. 3 (OCEAN OUTFALL) -
ADOPTION OF BUDGET
(79)
It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to approve budget expenditures
from the Sewer Enterprise Fund to (1) the SERRA General Fund
for the City share of the lease and operation of the ocean
outfall in the amount of $3,500; and, (2) to Project
Committee No. 3 for the City's usage share in the amount
of $8,549, as set forth in the report dated June 21, 1978,
'
from the Director of Public Works.
2.
SERRA, PROJECT COMMITTEE NO. 2 (PLANT OPERATION) -
ADOPTION OF BUDGET AND AUTHORIZATION TO SUBMIT BID
FOR OPERATION OF TREATMENT PLANT
(79)
There was a consensus of the Council that adoption of the
budget for Project Committee No. 2 (Plant Operation) be
considered at the meeting of July 5, 1978.
Authorization to Submit Bid:
It was moved by Councilman Thorpe, seconded by Councilman
Schwartze and unanimously carried that the City Manager
and Director of Public Works be authorized to submit a
bid for the operation and maintenance of the SERRA Treatment
Plant on behalf of the City.
COUNCIL REMARKS
Councilman Schwartze advised that he will be unable to attend
the July 5th Council meeting.
Mayor Friess suggested that a Mayor's meeting be held in the
near future to meet with Commission Chairpersons,
COUNCIL ACTIONS
1. APPOINTMENT OF MEMBER TO ECONOMIC DEVELOPMENT COMMITTEE
(23) There was a consensus of the Council that this item be
considered at the meeting of July 5, 1978.
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447
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:50 P.M., to the next regular meeting date
of Wednesday, July 5, 1978, at 7:00 P.M., in the City Council
Chamber.
ATTEST:
KENNETH E. FRIESS, MAYO
Respectfully submitted,
`Ml= ANN NOVER, CITY CLERK
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