78-0705_CC_Minutes_Regular Meeting456
JULY 51 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
7:15 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman Hausdorfer.
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; George
Lohnes, Assistant City Engineer; Thomas G. Merrell, Director of
Community Planning and Development; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of June 21, 1978:
It was move y COuncl man aus orfer, seconded by Councilman Thorpe
that the Minutes of the Regular Meeting of June 21, 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
TENTATIVE TRACT 9784 (MISBIN)
(85) Correction to Resolution:
It was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried that Resolution No. 78-6-21-1
be corrected, as follows: Page 4, Section 16(f), Line 3, add
the words "plan review" between ". . . grading" and "that. . ."
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe
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 IN MEMORY OF C. RUSSELL COOK
(36) Mayor Friess read the Resolution in full giving posthumous
recognition to C. Russell Cook for his contributions to the
community and lifelong service to others. It was moved by
Councilman Buchheim and seconded by Councilman Hausdorfer
that the following Resolution be adopted:
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57
RESOLUTION NO. 78-7-5-1 COEMORATING C.
RUSSELL COOK - RES5
N OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, COMMEMORATING C. RUSSELL COOK
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. CASPERS PARK
(56) Ilse Byrnes, Chairman of the Equestrian Commission, advised
that the County lease with Conrock for their mining operation
in Caspers Park has been extended to October 1st and that
further consideration of the matter is scheduled for the
July 11th meeting of the Board of Supervisors.
Mayor Friess advised that he would attend the meeting and
represent the City views as set forth in the letter to the
Board dated June 9, 1978. Council concurred.
2. COMMISSION REPRESENTATION
(23) Pauline Leonard, Member of the Parks and Recreation Commission,
and Sharon Neely, Member of the Traffic and Transportation
Commission, advised that they were present to answer any
questions regarding recommendations made to the Council.
3. COMPLAINT RE PROPOSED ZONE CHANGE - GIDDINGS FRUIT STAND
(95) Milton Long, 28333 Ortega Highway, addressed the Council to
file a formal complaint regarding the operation of the Giddings
fruit stand and cited noise, traffic, driveway blockage,
unauthorized use of his property for ingress and egress,
and violation of City Ordinance No. 171 which allows for
selling of produce grown on adjacent land. Mr. Long noted
that the majority of the merchandise is purchased for resale
and presented a photograph of a sign indicating "Full Service
Fruit Stand." Mr. Long also cited his opposition to a
proposed zone change of the property to Neighborhood Convenience
commercial zoning.
The Director of Community Planning and Development advised
that zoning regulations would be discussed with the operators
of the stand.
Harrison Giddings advised that they would make application
for commercial zoning and would meet all City requirements
such as architectural modifications, including a a -acre
parking area.
WRITTEN COMMUNICATIONS
1. COMPLAINT OF BUILDING DEFICIENCIES -
CAPISTRANO GARDEN SSOCIATION
(25) Council received copies of a letter dated June 19, 1978, from
Timothy S. Neely, President, Capistrano Garden Homes Homeowners
Association No. 2, P. O. Box 181, regarding complaints made
to Westport Home Builders regarding numerous roof leaks within
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the 178 -home association. Copies of 15 complaint letters
were also received. Mr. Neely addressed the Council to
request support and suggestions.
Council also received a report dated July 5th from the Director
of Public Works advising that the complaints are being investi-
gated and that Council will receive progress reports. The
Assistant City Engineer advised that the Westport subcontractor
is no longer in business.
Mayor Friess suggested that copies of the complaint letters
be sent to the State Contractors Board. Councilman Thorpe
suggested that progress reports on the roofing situations
be requested from Westport at the time application is made
for the Mariners Village building permits.
PUBLIC HEARINGS
1. TENTATIVE TRACT 9786 (BLACK MOUNTAIN VI
(85) Proposal:
s�ision of approximately 77.3 acres of land into 70
single family residential lots on property located at the
present terminus of the improved section of San Juan Creek
Road.
Applicant:
aSl ck 7ountain Villas, c/o VTN Consolidated, Inc., 2643 Fourth
Avenue, San Diego, 92103.
Written Communications:
1 Report dated July 5, 1978, from the Director of
Community Planning and Development forwarding the
recommendation of approval subject to conditions
made by the Planning Commission on June 13, 1978.
Exhibits were on display and the Director of Community
Planning and Development 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
responded:
(1) Tim Kruer, representing Black Mountain Villas/Patrick
Development, the applicant, advised that the project
would be an extension of the adjacent Los Corrales
early California architecture, with extensive land-
scaping and retention of the Echenique bunkhouse,
that extensive geological studies will be done on
the back half of the property, and that the all-
weather access road does not appear to be necessary,
but would be constructed.
(2) Stan Boettcher, Orange County Fire Department, requested
that a condition be added to the project requiring
approval of access by the Fire Marshal's Office.
There being no further response, Mayor Friess declared the
Public Hearing closed.
Approval of Tentative Tract 9786:
Following discussion of i-n-t—e-r-n-a-T traffic circulation, emergency
access, and the extension of San Juan Creek Road, it was moved
by Councilman Schwartze and seconded by Councilman Buchheim
that the following Resolution be adopted:
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459
RESOLUTION NO. 78-7-5-2 TENTATIVE TRACT 9786
(BLACK MOUNTAIN VILLA S - A RESOLUTION OF THE
CITY COUNCIL OF THEITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT 9786 (BLACK
MOUNTAIN VILLAS)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Tentative Tract is found to be in substantial compliance
with the Residential Concept Plan; approval is contingent
upon the 26 conditions listed in the Resolution and also
contingent upon instructions to staff that a Resolution
be prepared containing modifications to San Juan Creek Road;
said Resolution to be submitted for Council consideration
by August 2nd.
2. 1978 WEED ABATEMENT CHARGES
(74) Proposal:
pproval of the cost report for 1978 weed abatement services
and assessment to individual properties, pursuant to
Ordinance No. 348.
Written Communications:
Report dated July 5, 1978, from the Director of
Public Works forwarding an itemized cost report;
the charges consist of the actual contract or
charges, plus 25% to cover City administration
and inspection.
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.
Confirmation of Cost Report:
It was moved by Councilman Thorpe and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 78-7-5-3, WEED ABATEMENT -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR WEED ABATEMENT IN THE CITY
OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution accepts the cost report and orders the charges
assessed to the individual properties listed. Affected
property owners may pay the cost of abatement services on
or before August 1st, at which time the cost report will
be forwarded to the County Auditor.
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3. CUSTOM HOMES/LAND SALE SUBDIVISIONS -
MANAGEMENT
(28) Proposal:
(85) T City -initiated amendment to Ordinance No. 314 to provide
flexibility in scheduling building permit issuance for the
construction of custom homes in land sale subdivisions.
Single lot owners would receive "carry over" permit allocations
from previous years if all allocations for the present calendar
year are exhausted. The amendment would not exempt lot sale
subdivisions from normal growth management review or allocation
requirements.
Written Communications:
amort armed July 5, 1978, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning
Commission on June 20, 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.
Introduction of Ordinance No. 366:
The City Attorney read the title of the ordinance next in order.
Further reading of all ordinances had been waived earlier
in the meeting. It was moved by Councilman Thorpe and
seconded by Councilman Schwartze that the following Ordinance
be introduced:
ORDINANCE NO. 366, EXEMPTION OF SINGLE LOTS IN
LAND SALE SUBDIVISIONS - AN ORDINANCE OF THE CITY
OF SAN JUAN I N , CALIFORNIA, AMENDING
ORDINANCE NO. 314 TO EXEMPT SINGLE LOTS FROM
GROWTH MANAGEMENT ALLOCATION REQUIREMENTS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ORDINANCES
TRANSMITTAL OF ORDINANCE COPIES FOR SECOND READING
(55) Mayor Friess advised that pursuant to the suggestion of Councilman
(69) Buchheim, the City Clerk had provided copies of a proposed
memorandum which would negate the need for duplication of
ordinances for second reading. The memorandum will provide
ordinance titles, date of introduction, and advise that
copies are available for inspection in the City Clerk's
office. Council Members concurred with the policy.
1. REZONE 78-4, HARRISON HOUSE/PARRA ADOBE
PT 103
O F ORDINANCE
(95) The City Attorney read the title of the Ordinance next in
(23) order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was regularly intro-
duced at the City Council meeting of June 21, 1978. It was
moved by Councilman Thorpe and seconded by Councilman Buchheim
that the following Ordinance be adopted:
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ORDINANCE NO. 361, REZONE 78-4 (HARRISON HOUSE/
Ytl2Ll4tl tfLWD"j — L 11 WL4 LI.LlV ] va a A v --
JUAN PI TRANO, 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
2. UNIFORM FIRE CODE, 1976 EDITION, AND AMENDMENTS
(ADOPTION�ff ORDINANCE NO. 362)
(55) The City Attorney read the title of the ordinance next in
(42) order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance was regularly intro-
duced at the City Council meeting of June 21, 1978. It was
moved by Councilman Hausdorfer and seconded by Councilman
Thorpe that the following Ordinance be adopted:
ORDINANCE NO. 362, UNIFORM FIRE CODE, 1976 EDITION -
N 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
3. MUNICIPAL CODE PREPARATION
REPEAL OF ORDINANCE1, 120, 164 AND 193
(ADOPTIONI
(55) The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. The Ordinance was regularly intro-
duced at the City Council meeting of June 21, 1978. It was
moved by Councilman Thorpe and seconded by Councilman Buchheim
that the following Ordinance be adopted:
ORDINANCE NO. 363, MUNICIPAL CODE PREPARATION -
REPEAL OF CERTAIN ORDINANCES - AN ORDINANCE OF
THE CITY OF SAN JU I ANO, CALIFORNIA,
REPEALING ORDINANCES NUMBERED 61, 120, 164,
AND 193
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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462
4. REGULATING SAND AND GRAVEL OPERATIONS
ADOPTION OF ORDINANCE NO. 365 (URGENCY)
(55) Proposal:
o� of safety standards and enforcement fees for the
mining, quarrying or extraction of sand, gravel and minerals.
The Ordinance establishes a plan check and processing fee
of $50 and permit fees ranging from $200 to $1,500 per year
based on tons of production and is submitted as an urgency
matter to enable the Building and Safety Division to under-
take the responsibility of administering the regulations.
Written Communications:
Report dated July 5, 1978, from the City Clerk forwarding the
proposed Ordinance.
Regulation of Truck Noise, Dust, Street Damage and Parking:
Council Members concurre a a en ion s ou a given to
control of nuisances such as noise and dust caused by truck
traffic, damage to streets caused by transportation of dirt
from subdivisions, and damage to bike trails caused by parking
of trucks. The Director of Community Planning and Development
advised that nuisances are dealt with in the issuance of
conditional use permits. Mayor Friess suggested that bonding
should be required for wear and tear on streets; the City
Manager advised that regulations are being prepared. Councilman
Thorpe requested that the Sheriff be notified of trucks parking
in bike lanes at Avery Parkway.
Adoption of Ordinance No. 365:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Thorpe
and seconded by Councilman Buchheim that the following
Ordinance be adopted:
ORDINANCE NO. 365, SAND, GRAVEL AND MINERAL EXTRACTION
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REGULATING EXTRACTION OF SAND, GRAVEL
AND MINERALS AND ESTABLISHING FEES THEREFOR
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:50 P.M., and reconvened at 9:08 P.M.
RESOLUTIONS
1. SPECIAL ASSESSMENT DISTRICT 78-1
HIGHWAY PROPERTIES)
(95) The Assistant City Engineer requested that consideration of this
matter be continued to the meeting of July 19th.
BIDS, CONTRACTS, AGREEMENTS
1. SPECIAL ASSESSMENT DISTRICT 78-1, CONSULTANT SERVICES
(95) The Assistant City Engineer requested that consideration of
this matter be continued to the meeting of July 19th.
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463
2. CONTRACTS FOR UPDATES OF MASTER PLAN
OF SEWERS AND MASTER PLAN OF DRAINAGE
(80) The contracts for Sewer and Drainage Master Plan Updates will
be considered at a later date in conjunction with further
report on Capital Projects.
3. LEASE OF CITY PROPERTY
WHEEU-STATEEST—
(38) Council received copies of two reports from the City Clerk/
Equestrian Commission Secretary with regard to the Lease with
Wagon Wheel Stables of Lot A, Tract 8485. Provisions of the
Lease provide that the City receive proof of comprehensive
public liability insurance coverage naming the City as a
co-insured. On June 26th the Equestrian Commission recommended
that the Lease be terminated since the insurance certificate
had not been received. The City Clerk advised that the
coverage has been ordered and the necessary documents
should be forthcoming in the immediate future.
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to authorize staff to
accept the Certificates of Insurance to allow continuation
of the Lease with Wagon Wheel Stables; and, if the Certificates
are not received by July 20, 1978, staff is directed to
terminate the Lease and notify the Lessee to quit the
premises.
4. MULTI -MODAL TRANSPORTATION TERMINAL -
PLICATION FO GRANT FUNDS GREAP
E ENT FOR CONSULTANT SERVICES
(88) Proposal:
ppA rovZ of consultant services for preparation of a State
Senate Bill 1879 Grant application to provide funds for land
acquisition, construction, and preparation of plans and
specifications for a multi -modal transportation facility
combining bus and rail services. Increased transportation
services enhancing commercial activities are in conformance
with the goals of the General Plan. Caltrans has indicated
preference for one facility in southern Orange County which
would include the only Amtrak stop. Proposals have been
prepared by the communities of Irvine and Mission Viejo.
Written Communications:
Report ate u y 5, 1978, from Pamela Hallan, Administrative
Aide.
Councilman Schwartze noted his concerns with the time for
preparation of the application, since proposals must be
submitted by August 15th, with the recommended cost of
$5,000, and with the proposed consultant firm. Councilman
Buchheim noted that CHNMB and Associates have been involved
with the Downtown Study Area and should be qualified to
prepare the proposal.
Application for Funding:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to authorize staff to apply
for Senate Bill 1879 funds for a multi -modal transportation
facility.
Councilman Thorpe advised that as a policy he will not vote
for any consultant services until budgetary problems have been
resolved. Expenditures of this nature should be curtailed in
order to avoid possible consequent reductions in City employees.
Councilman Hausdorfer concurred and suggested that the proposal
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be prepared by City staff. Councilman Schwartze noted that
the proposal is an important project in order to maintain the
current railway service and station; Councilman Buchheim
concurred and noted that establishment of the station as a
tourist stop is vital to the City's commercial activity.
Mayor Friess expressed his confidence in the City's financial
future.
Approval of Agreement:
It was move y ouncilman Schwartze and seconded by Councilman
Buchheim to approve an agreement with CHNMB and Associates
to prepare the proposal at a cost not to exceed $2,500, with
authorization to be requested from Council for an additional
$2,500, if necessary; the total expenditure not to exceed $5,000.
The motion carried by the following vote:
AYES: Councilman Schwartze, Buchheim and
Mayor Friess
NOES: Councilmen Hausdorfer and Thorpe
ABSENT: None
The Director of Administrative Services advised that Traffic
Safety funds have been earmarked for the project and that
General Fund monies would not be utilized.
CONSENT CALENDAR
It was moved by Councilman Thorpe and seconded by Councilman Buchheim
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 EQUESTRIAN COMMISSION ACTIONS OF JUNE 26, 1978
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of June 26, 1978, is ordered received and filed.
2. REPORT OF PLANNING COMMISSION MEETINGS OF JUNE 20 AND 27, 1978
(67) The Report of Actions taken by the Planning Commission at the
meetings of June 20 and 27, 1978, is ordered received and filed.
3. 1978 WEED ABATEMENT PROGRAM -
ACCEPTANCE OF WORK AND NOTICE OF COMPLETION
(74) The following Resolution is adopted:
RESOLUTION NO. 78-7-5-4, COMPLETION OF WEED
ABATEMENT IN THE CITY 0 SAN JUAN CAP I TR NO -
A RESOLUTION OF THE CITY COUNCILF THE -CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO THE ABATEMENT OF
WEEDS AND OTHER NOXIOUS AND PUBLIC NUISANCES
IN THE CITY OF SAN JUAN CAPISTRANO
The Resolution accepts the work performed by B. E. Taylor
Company for the 1978 weed abatement program. Current payment
status is as follows:
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465
Total projected cost $132554.26
Less 10% Retention 1,355.43
Less Progress Payment #1 4,062.33
Amount due this payment $ 8,136.50
Staff is authorized to make payment to B. E. Taylor Company in
the amount due of $8,136.50; and, upon the expiration of 35
days from the date of recording the Notice of Completion, to
make the final payment of $1,355.43.
4. TRABUCO CREEK SEWERLINE STORM DAMAGE -
ACCEPTANCE OF WORK AND NOTICE OF CO L
(80) The following Resolution is adopted:
RESOLUTION NO. 78-7-5-5, COMPLETION OF STORM
DAMIGE (TRABUCO CREEK LIINE) - A RESOLUT
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED FOR THE CONSTRUCTION OF THE STORM
DAMAGE (TRABUCO CREEK SEWERLINE)
The Resolution accepts the work performed by Cappello
Construction Company for repair of storm damage to the
Trabuco Creek Sewerline. Reimbursement of costs is
anticipated from the Federal Disaster Assistance Agency.
Current payment status is as follows:
Total project costs $37,404.50
Less 10% retention 3,740.45
Previous progress payments 33,644.05
Total amount due $ 3,740.45
Staff is authorized to make payment to Cappello Construction
Company in the total amount due of $3,740.45 upon the
expiration of 35 days from the date of recording the
Notice of Completion.
APPROVAL OF WARRANTS
(41) Following clarification, it was moved by Councilman Thorpe,
seconded by Councilman Hausdorfer and unanimously carried
that the List of Demands dated July 5, 1978, Warrants Nos.
14488 through 14603, inclusive, and 1911 Act Warrant No.
0227, in the total amount of $247,879.37, be approved as
submitted.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
MEETINGS OF JUNE , 8, IRD 15, 1978
(23) Mayor Friess noted that at their meeting of June 15, 1978,
Commission Members had voted to forego their $25 monthly
compensation to reduce the financial impact upon the City
due to the passage of Proposition 13. Mayor Friess commented
on the suggestion that other Commissions take similar action,
noted the many hours Commissioners donate to the City, that
it should be up to individual Commissioners to take any action
they wish, and that it would not be appropriate for the
Council to take specific action on this matter.
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to receive and file the
report.
TREE REMOVAL REPORT - TRACT 9034
WILSHIRE DIVERSIFIED
(85) Council received copies of a report dated July 5, 1978, from
(74) the Director of Community Planning and Development advising
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that as Tree Inspector it is his intent to authorize the
removal of 12 pine trees located within street right-of-way
and building pad areas of Tract 9034.
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to confirm the decision of
the Tree Inspector.
APPROVAL OF FINAL MAP. TRACT 7654
(LOS CORRALES)
(85) It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to approve the Final Map for
Tract 7654 subject to clarification of the function and use
of the easement strip crossing San Juan Creek Road. The map is
found consistent with the General Plan and in substantial
compliance with the approved Tentative Map; the Subdivision
Agreement is approved and the Mayor and City Clerk authorized
to execute the Agreement on behalf of the City.
APPROVAL OF FINAL MAP, TRACT 9284
KI
(85) Following clarification that the proposed development will
be a combination of developer -built homes and lot sales, it
was moved by Councilman Hausdorfer, seconded by Councilman
Thorpe and unanimously carried to approve the Final Map for
Tract 9284 with the determination that the Map is consistent
with the General Plan and in substantial compliance with the
approved Tentative Map; the Subdivision Agreement is approved
and the Mayor and City Clerk authorized to sign the Agreement
on behalf of the City.
APPROVAL OF FINAL MAP DIVISION OF LAND 77-5
CREBER
(85) Consideration of this matter was continued to the meeting
of July 19, 1978, at the request of the Assistant City
Engineer.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REVIEW OF COMMISSION APPOINTMENTS
(23) It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to re -affirm the appoint-
ments of the current Commission and Board Member office holders
with the exception of the Planning Commission. There was a
consensus of the Council that review of the Planning Commission
appointments be scheduled for the meeting of August 2, 1978.
The City Manager advised that attendance records will be
available in the near future.
2. DISSOLUTION OF VIA DE AGUA TRAFFIC STUDY COMMITTEE
(87) It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried that the Via de Agua
Traffic Study Committee be dissolved.
3. APPOINTMENTS TO ORANGE COUNTY AGENCIES
(23) Councilman Thorpe noted that appointments have not been made
of City representatives to the following County agencies:
Housing Authority, Senior Citizens Advisory Committee, and
Transportation Committee. Mr. Thorpe suggested that the
vacancies be advertized; Mayor Friess suggested that Council
Members present names of interested members of the community.
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467
Councilman Schwartze left the Council Chamber at 9:54 P.M.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. SERRA PROJECT COMMITTEE NO. 2 -
DOPTION OF BUIXiEf (PLANT OPERATIONS)
(79) Proposal:
pp—rovaL of the City share of the 1978-79 budget to provide for
continued operations of the Treatment Plant in accordance with
the regional discharge requirements, as submitted by SERRA
for Project Committee No. 2.
Written Communications:
Report dated July 5, 1978, from the Director of Public
Works.
Approval of Budget:
It was move y ouncilman Thorpe and seconded by Councilman
Buchheim to approve the City share of the Project Committee
No. 2 budget for SERRA in the amount of $163,478 and to
authorize payment from the Sewer Enterprise Fund.
Councilman Schwartze returned to the meeting at 9:59 P.M.
2. SERRA, PROJECT COMMITTEE NO. 7-A, AMENDMENT TO
(79) Proposal:
h� Council approved the Treatment Plant design
modification agreement on June 7, 1978. The proposed
amendment would allow member agencies to retain portions
of monies required for construction in their own treasuries,
with the necessary amounts transmitted monthly to SERRA,
and thus accrue interest on the funds.
Written Communications:
Report dated July 5, 1978, from the Director of
Public Works.
Approval of Amendment:
It was moved by Councilman Thorpe, seconded by Councilman
Hausdorfer and unanimously carried to approve the Amendment
to the Agreement for SERRA Project Committee No. 7-A and to
authorize the Mayor and City Clerk to execute the Amendment
on behalf of the City.
3. REPORT OF CAPITAL PROJECTS
(24) Council received copies of a report dated July 5, 1978, from
the Director of Public Works forwarding a list of Capital
Projects included in the proposed 5 -year budget, including
the amount and type of budgeted funds. The Projects are
listed in the following categories:
Group 1 - City legally committed to project by
contract.
Group 2 - City committed to other agencies, a
continuing project, or at design completion.
Group 3 - Preliminary evaluation completed and/or a
significant project.
Group 4 - No commitment yet made to those projects that
are within the five-year budget.
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Councilman Thorpe noted that many projects listed as parks
and recreation fees are actually in -lieu fees. The City
Manager recommended that General Fund Park and Recreation
and Gas Tax Projects not be approved at this time with the
exception of those already completed; staff would prepare
a specific analysis of each project. The City Manager requested
an opportunity to prepare an analysis of the Dance Hall project.
Group 1:
TF was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to authorize continuation of
contracted projects and staff efforts for items listed in
Group 1 with the exception of the Hot Springs Dance Hall.
It was moved by Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to delegate discretion on
decisions on the Dance Hall to the City Manager.
Groups 2 and 3:
It was moved -5y Councilman Thorpe, seconded by Councilman
Buchheim and unanimously carried to authorize continuance
of staff work on Groups 2 and 3 with further specific
recommendations to be returned to Council at a later date.
Group 4:
There was a consensus of the Council that no action be taken
on Group 4 projects at this time.
Parks and Recreation Facilities:
Councilman Thorpe noted that any future expenditures for bicycle
facilities should be carefully considered since the City's
existing bike trail system is superior to that of cities of
comparable size. Mr. Thorpe also suggested that the design of
C. Russell Cook Park and other parks should be useful and
functional rather than consisting of "first-class" facilities.
Councilman Hausdorfer suggested that the City seek cooperation
with the school district regarding recreational facilities
such as the Little League and Bobby Sox fields. Mayor Friess
suggested the City Manager set a meeting with School District
representatives regarding joint use of facilities, with a
committee meeting held beforehand.
COMMISSIONS, BOARDS, COMMITTEES
1. APPOINTMENT TO ECONOMIC DEVELOPMENT COMMITTEE
(23) It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried that Duane (Duke) Hallan,
28062 Calle San Remo, be appointed to fill the existing vacancy
on the Economic Development Committee.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. ADOPTION OF NATIONAL ELECTRICAL CODE
(32) Councilman Buchheim requested that provisions be included in the
(55) future adoption of the Electrical Code to prohibit the use of
aluminum wiring in residences. Councilman Schwartze advised
that he would be submitting suggestions to staff for inclusion
in the Code.
2. POLICY RE CITY MANAGER
(32) Councilman Thorpe inquired into the Council policy regarding
(33) evaluation of the City Manager. Mr. Mocalis advised that an
evaluation is conducted once a year; Mayor Friess suggested
that Council Members meet with Mr. Mocalis on an independent
basis.
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K1,
OVERLAPPING AGENCY SERVICES
(32) Councilman Thorpe advised that he would submit a report in the
early Fall regarding current overlapping of community services
provided by the City, County and School District with suggestions
for joint powers efforts. Mayor Friess suggested that the
Public Facilities Committee would be an appropriate vehicle.
4. AIRPORT DIRECTIONAL SIGNS
(25) Councilman Schwartze suggested that Airport advertising and
directional signs be removed.
5. TRANSPORTATION - HELICOPTER SERVICE
(88) Councilman Schwartze suggested that possible helicopter
service to the City be coordinated with Bruce Winton and Jay
Willcox as a means of stimulating economic development in
the City. Mr. Schwartze will investigate the possibility of
such service.
6. ORANGE COUNTY ECONOMIC COUNCIL
(56) Councilman Schwartze advised that the Orange County Economic
Council may make a presentation of their services during
August.
7. TRAFFIC - PROPOSED STOP SIGN AND RELOCATION OF MEDIAN
(87) It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that the following items be
referred to the Traffic and Transportation Commission for
report: (1) Installation of a stop sign at the intersection
of Via Madera and Via Cordova; and (2) Possible relocation
of the center median on the Ortega Highway at Via Cordova.
8. PROPOSED RECONSIDERATION OF TRACT 9784 (MISBIN)
(85) Councilman Schwartze requested that Council reconsider the
June 21st approval of Tract 9784 and the impacts of the Route
"D" extension at a Public Hearing with all persons involved
given an opportunity to present new information.
It was moved by Councilman Hausdorfer and seconded by Councilman
Thorpe to reconsider the item.
Councilman Hausdorfer noted his concerns with the history
of the development, the Planning Commission 2-1 approval, and
the lack of information by current residents of the area;
a future re -hearing of the matter would be appropriate.
Councilman Thorpe questioned the legality of reconsideration;
the City Attorney requested an opportunity to research the matter
since it is a tentative tract. Councilman Buchheim cited the
numbers of Public Hearings held on the proposal and stated he
could not justify bringing back an issue after spending so
much time in consideration of the matter. Mr. Buchheim also
cited the costs involved in moving 3.5 million yards of
dirt, and advised he would attend any meetings if the item
were referred to staff or Commissions.
Referral to City Attorney:
At the suggestion of the City Manager and with the concurrence
of the second, Councilman Hausdorfer withdrew the motion
for reconsideration; there was a consensus of the Council
that the City Attorney be directed to investigate the
legality of reconsideration of the Tentative Tract and
report his findings.
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9. MEETING ATTENDANCE
(32) Mayor Friess and Councilman Schwartze advised they would be
unable to attend the July 19th Council meeting.
Councilman Buchheim will attend the July 20th Fifth
Supervisorial District meeting.
ADJOURNMENT
' There being no further business before the Council, the meeting
was adjourned at 11:10 P.M., to the next regular meeting date
of Wednesday, July 19, 1978, at 7:00 P.M., in the City Council
Chamber.
Respectfully submitted,
GE�/
-MANY NN VR,ERK
ATTEST:
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