78-0719_CC_Minutes_Regular Meeting4'72
JULY 19, 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 pro tem Thorpe
at 7:00 P.M., in the City Council Chamber, followed by the Pledge
' of Allegiance to the Flag. Invocation was given by Pastor Rick
Gunn, Community Christian Church.
ROLL CALL PRESENT: James F. Thorpe, Mayor pro tem
Lawrence F. Buchheim, Councilman
Gary L. Hausdorfer, Councilman
ABSENT: Kenneth E. Friess, Mayor
Phillip R. Schwartze, Councilman
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works/City Engineer;
Raymundo Becerra, Senior Planner; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk.
MINUTES
Special Meeting of June 29, 1978:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Special Meeting of June 29,
1978, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Buchheim and
' Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
Regular Meeting 'C66211
f July 5, 1978:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the Minutes of the Regular Meeting of July 5,
1978, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Buchheim and
Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that all Ordinances be read by title only. The motion
carried by the following vote:
I
AYES: Councilmen Hausdorfer, Buchheim and
Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
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473
PRESENTATIONS AND COMMENDATIONS
1. EMPLOYEE PERFORMANCE AWARD (VAUGHN LEWISTON)
(66) The City Manager introduced Vaughn Lewiston, Treatment
Plant Operator II and recipient of the Employee Performance
Award. The 1977-78 Memorandum of Understanding with the
Employees Association provided for a 5% performance pay
plan for classified employees to recognize consistently
outstanding work performance. Members of the City Council
expressed their appreciation and recognized Mr. Lewiston's
performance.
2. REQUEST FOR SISTER CITY AFFILIATION
(GOYA, ARGENTINA)
(34) Sra. Marta Elgul de Paris presented a City Seal plaque
and letter from Antonio Villarreal, Mayor of the City of
Goya, Argentina, a book of historical stories of Goya, a
volume of poems and other mementoes. Sra. de Paris
extended an invitation to the annual fishing fiesta
April 29 - May 1, and requested Council consideration
of Sister City affiliation on behalf of the City of
Goya, the location of the cliff swallow winter habitat
upon their annual departure from the San Juan Capistrano
area.
Mayor pro tem Thorpe expressed the Council's appreciation
for the presentations and advised that the proposed Sister
City status would be considered in the near future.
ORAL COMMUNICATIONS
1. INTERIM PROCESSING OF SYSTEMS DEVELOPMENT TAX
ORDINANCE NO. 364 _
(86) John Waddell, B. H. Miller Construction Company, 90 Brookhollow
Drive, Santa Ana, 92705, addressed the Council regarding
his letter of July 18th appealing payment of the Systems
Development Tax in the amount of $13,705.58 on June 30th on
the basis that no notice was published and no fair time
for adjustment with their lender was given. The tax was
imposed pursuant to Ordinance No. 364 which was adopted
on June 29th. The project in question is the construction
of 8 industrial buildings at 32907 Camino Capistrano and
is known as the Capistrano Business Park. Mr. Waddell
advised that there is no objection to payment of the tax
on their Building No. 6, which is being submitted for plan
check. Lee Phelps, partner in B. H. Miller Company, concurred.
Mayor pro tem Thorpe advised that it was the intent of the
Council to discuss the 1% tax and the structure of the
Ordinance during upcoming budget hearings, but that a
process should be developed to minimize the impact of the
tax during the interim period such as receipt of letters
of credit in lieu of actual payment.
The City Manager suggested that written agreements be
entered into by which permittees agree to pay the tax
at the time the ordinance is reaffirmed if that occurs; _
the tax could be refunded to those who have already paid,
if they enter into such agreement.
Councilman Hausdorfer stated that in his opinion the tax
should have been effective on July 1st with the beginning
of the new fiscal year and that the monies collected on
June 30th should be refunded. Mr. Hausdorfer requested
receipt of a specific breakdown indicating the amounts
paid on the 30th and the persons involved.
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4'74
Agreement in Lieu of Tax Payment:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to accept the City
Manager's recommendations for processing the Systems
Development Tax for the interim period pending Public
Hearings on the 1978-83 fiscal budget, as follows:
(1) Systems Development Taxes Paid June 30 through
July 19:
I£ a written agreement is entered into that the funds
will be paid if the Council ratifies Ordinance No. 364
during budget Public Hearings, the tax monies paid
from June 30 through July 19, 1978, will be rebated;
(2) Effective July 20:
Permittees will be required to sign an agreement that
the tax will be paid if the Council ratifies Ordinance
No. 364 during budget Public Hearings; and, no Systems
Development Tax funds will be collected.
Taxes Paid June 30, 1978:
With the concurrence of Council, Mayor pro tem Thorpe directed
that staff prepare a specific itemization of funds collected
and the individuals or firms involved in payment of tax
funds on June 30th, or at any time between the time of
adoption of Ordinance No. 364 on June 29th and July 1st,
to be presented at the meeting of August 2, 1978, for the
purpose of Council discussion of a possible refund of those
funds.
2. COMMISSION REPRESENTATION
(23) Jerry Kaufman, Member of the Traffic and Transportation
Commission, advised that he was in attendance to answer
any questions regarding Commission recommendations to
' the Council.
WRITTEN COMMUNICATIONS
1. REQUEST FOR WAIVER OF INSTALLATION OF PUBLIC IMPROVEMEN
(93) Council received copies of a letter dated July 11, 1978,
from C. Bennett Jackson, Jr., Attorney at Law, on behalf
of Mr. and Mrs. Ronald Folgner, 28511 Ortega Highway. The
letter requests that the City waive the requirement of
entering into an Agreement Relating to the Postponement
of Requirement to Install Public Improvements with respect
to the issuance of a building permit for a single family
residence. The Agreement provides that the property owners
will agree to pay the cost of undergrounding existing overhead
utilities and improvements to Ortega Highway. Mr. Jackson
addressed the Council and advised that the property consists
of 3-1/2 acres with 250 feet fronting the Highway and that
current cost estimates for the improvements exceed $27,000.
The Director of Public Works advised that agreements of this
type cite the right to install the improvements, which would
not be implemented without the consent of the Council; funds
' are anticipated from other sources in order to reduce the
burden on individual applicants.
Report on Alternative Solutions:
With the concurrence of Council, Mayor pro tem Thorpe
directed that staff research possible alternatives and
submit further report at the meeting of August 2nd; the
report to include implications of future use and possible
future development of the property.
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475
PUBLIC HEARINGS
Council received copies of a report dated July 19, 1978, from the
City Clerk forwarding copies of six Ordinances relating to
Building and Safety matters for Council consideration and Public
Hearing, as follows:
1. UNIFORM BUILDING CODE AND UNIFORM BUILDING
(25) Public Hearing:
Notice having been given as required by law, Mayor pro
tem Thorpe declared the Hearing open; and, there being
no response, declared the Hearing closed.
Introduction of Ordinance No. 367:
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 introduced:
ORDINANCE NO. 367, UNIFORM BUILDING CODE,
1976 EDITION - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING BY REFERENCE
THE UNIFORM BUILDING CODE, 1976 EDITION, WITH
APPENDIX AND AMENDMENTS THERETO; AND ADOPTING
THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION,
AND GRADING AND EXCAVATION REGULATIONS, AND
REPEALING ORDINANCE NO. 268
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Buchheim and
Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
UNIFORM MECHANICAL CODE, 1976 EDITION,
(INTRODUCTION OF ORDINANCE K.
368)
(25) Public Hearing:
Notice having been given as required by law, Mayor pro
tem Thorpe declared the Hearing open; and, there being
no response, declared the Hearing closed.
Introduction of Ordinance No. 368:
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 introduced:
CE NO. 368, UNIFORM
ITION - AN ORDINANC
K�7]�
RZY:10i
JUAN CAPISTRANO, CALIFORNIA, ADOPTING BY REFERENCE
THE UNIFORM MECHANICAL CODE, 1976 EDITION, WITH
AMENDMENTS, AND REPEALING ORDINANCE NO. 270
The motion carried by the following vote:
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7/19/78
AYES:
NOES:
ABSENT:
Councilman Hausdorfer, Buchheim and
Mayor pro tem Thorpe
None
Councilman Schwartze and Mayor Friess
3. UNIFORM HOUSING CODE, 1976 EDITION
(INTRODUCTION OF ORDINANCE NO. 369)
(25) Public Hearing:
Notice having been given as required by law, Mayor pro
tem Thorpe declared the Hearing open; and, there being
no response, declared the Hearing closed.
Introduction of Ordinance No. 369:
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 Hausdorfer
and seconded by Councilman Buchheim that the following
Ordinance be,introduced:
ORDINANCE NO. 369, UNIFORM HOUSING CODE, 1976
EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING BY REFERENCE
THE UNIFORM HOUSING CODE, 1976 EDITION, WITH
CERTAIN EXCEPTIONS AND AMENDMENTS THERETO AND
REPEALING PORTIONS OF ORDINANCE NO. 268
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Buchheim and
Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
4. ABATEMENT OF DANGEROUS BUILDINGS, 1976 EDITION
TMMVnnTTn TTnM nV nDnTMAMOV Mn '29 n1
(25) Public Hearing:
Notice having been given as required by law, Mayor pro
tem Thorpe declared the Hearing open; and, there being
no response, declared the Hearing closed.
Introduction of Ordinance No. 370:
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 Hausdorfer
and seconded by Councilman Buchheim that the following
Ordinance be introduced:
ORDINANCE NO. 370, DANGEROUS BUILDINGS CODE,
1976 EDITION - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
1976 EDITION
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Buchheim and
Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
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4'7"7
5. UNIFORM PLUMBING CODE AND UNIFORM SWIMMING
POOL CODE, 1976 EDITIONS
(INTRODUCTION OF ORDINANCE NO. 371)
(25) Public Hearing:
Notice having been given as required by law, Mayor pro
tem Thorpe declared the Hearing open; and, there being
no response, declared the Hearing closed.
Introduction of Ordinance No. 371:
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 Hausdorfer
and seconded by Councilman Buchheim that the following
Ordinance be introduced:
ORDINANCE NO. 371, UNIFORM PLUMBING CODE, 1976
EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REPEALING THE 1973 EDITION
OF THE UNIFORM PLUMBING CODE AND ADOPTING BY
REFERENCE THE 1976 EDITION OF THE UNIFORM PLUMBING
CODE, INCLUDING APPENDICES, AND ADOPTING MODIFICATIONS
AND AMENDMENTS THERETO AND ADOPTING THE 1976 UNIFORM
SWIMMING POOL CODE WITH CERTAIN EXCEPTIONS, AND
REPEALING ORDINANCE NO. 269
The motion carried by the following vote:
AYES: Councilman Hausdorfer, Buchheim and
Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
6. NATIONAL ELECTRICAL CODE, 1978 EDITION
(INTRODUCTION OF ORDINANCE NO. 372
(25) Public Hearing:
Notice having been given as required by law, Mayor pro
tem Thorpe declared the Hearing open; and, there being
no response, declared the Hearing closed.
Introduction of Ordinance No. 372:
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 introduced:
ORDINANCE NO. 372, NATIONAL ELECTRICAL CODE, 1978
EDITION - AN ORDINANCE OF THE CITY OF SAN -UA"
CA-ISTRANO, CALIFORNIA, ADOPTING THE NATIONAL
ELECTRICAL CODE, 1978 EDITION, AND REPEALING
ORDINANCE NOS. 271 AND 272
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Buchheim and
Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
7. PROPOSED ORDINANCE ADOPTING MASTER PLAN OF TRAFFIC
SAFETY IMPROVEMENTS FOR THOROUGHFARES AND ESTABLISHING FE
(87) Proposal:
Adoption of a Master Plan of Thoroughfare Improvements for
Arterial Highways and establishment of fees for traffic
-6- 7/19/78
44
signals, signal interconnections, and improvements to arterial
highways, pursuant to Senate Bill 977 entitled, "Subdivision
Map Act as Amended January 1, 1976."
Written Communications:
Report dated July 19, 1978, from the Director of Public
Works forwarding the proposed ordinance and recommendation
of approval made by the Traffic and Transportation Commission.
Public Hearing:
Notice having been given as required, Mayor pro tem Thorpe
declared the Hearing open; and, there being no response,
declared the Hearing closed.
Deferral of Action:
' Councilman Hausdorfer requested clarification between the
proposed fees and the recently -adopted Systems Development
Tax.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried that action on the proposed
Ordinance be continued until the Public Hearings on the
Systems Development Tax to be held in conjunction with
consideration of the 1978-83 fiscal budget.
ORDINANCES
1.
K
NO. 314
366
(28) 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
introduced at the meeting of July 19, 1978. It was moved
by Councilman Hausdorfer and seconded by Councilman
' Buchheim that the following ordinance be adopted:
ORDINANCE NO. 366, EXEMPTION OF SINGLE LOTS
IN LAND SALE SUBDIVISIONS - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
ORDINANCE NO. 314 TO EXEMPT SINGLE LOTS FROM
GROWTH MANAGEMENT ALLOCATION REQUIREMENTS
The motion carried by the following vote:
-7- 7/19/78
AYES: Councilman Hausdorfer, Buchheim and
Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
RESOLUTIONS
1.
APPLICATION FOR FUNDS AND ADOPTION OF BICYCLE/PEDESTRIAN
PLAN (ORANGE COUNTY TRANSPORTATION COMMISSION
(60)
Proposal:
(62)
Adoption of the County Bicycle/Pedestrian Plan and approval
of an application for $6,128 in Senate Bill 821 funds
for construction of a bikeway connection from Alipaz
'
Street to the San Juan Creek Bike Trail shown on the
General Plan Bikeway System. The City's participatory
share of the project is $9,000; however, the City is
under no obligation to implement the project.
Written Communications:
Report dated July 19, 1978, from the Director of Public
Works.
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0
Approval of Application and Plan:
It was moved by Councilman Buchheim and seconded by
Councilman Hausdorfer that the following Resolution be
adopted:
RESOLUTION NO. 78-7-19-1, ADOPTION OF BIKEWAY SYSTEM
AND APPLICATION FOR FUNDS - SENATE BILL 821 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION
FOR FUNDS AUTHORIZED UNDER SENATE BILL 821 AND APPROVING
THE ADOPTION OF ITS BICYCLE PLAN
The motion carried by the following vote:
AYES: Councilman Hausdorfer, Buchheim and
Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
2. SPECIAL ASSESSMENT DISTRICT 78-1
(ORTEGA HIGHWAY PROPERTIES)
(85) The Director of Public Works advised that no funds have
been received from the property owners and requested that
consideration of the Resolution establishing Special
Assessment District 78-1 and the corresponding contracts
for consultant services be deferred.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer 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: Councilman Hausdorfer, Buchheim and
Mayor pro tem Thorpe
NOES: None
ABSENT: Councilman Schwartze and Mayor Friess
1. APPROVAL OF WARRANTS
(41) The List of Demands dated July 19, 1978, Warrants Nos.
14604 through 14712, inclusive, and 1911 Act Account
Warrant Nos. 0228 and 0229, in the total amount of
$621,376.19, are approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF JUNE 30, 1978
(41) The City Treasurer's Report of Investments as of June 30,
1978, is approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF JUNE 30, 1978
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of June 30, 1978, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Summary
for the eleven -month period
approved as submitted.
Statement of Fund Cash Balances
ending May 31, 1978, is
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5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
JULY 11, 1978
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of July 11, 1978, is ordered received and filed.
6. REPORT OF PLANNING COMMISSION MEETING OF JULY 11. 1978
(67) The Report of Actions taken by the Planning Commission at
the meeting of July 11, 1978, is ordered received and filed.
OF
(38) The following Resolution is adopted in conjunction with
revisions to the Master Plan of Drainage and Sewage:
RESOLUTION NO. 78-7-19-2, COMPLETION OF AERIAL
TOPOGRAPHY SERVICES FOR THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS
TO THE SPECIFICATIONS FOR AERIAL TOPOGRAPHY
SERVICES IN THE CITY OF SAN JUAN CAPISTRANO
The Resolution accepts the work performed by R. J. Lung and
Associates; current payment status is as follows:
Total Project Cost $20,500
Previous Progress Payment -0-
Amount Due This Payment 20,500
Staff is authorized to make payment in the total amount due;
the City Clerk is directed to record the Notice of Completion
' within ten days.
8. ACCEPTANCE OF EASEMENTS, TRACT 9373
(PATRICK DEVELOPMENT CORRALES ESTATES)
(85) Five Easement Deeds are accepted from Patrick Development in
conjunction with Tract 9373 for sewer, drainage, access
and equestrian purposes; the City Clerk is directed to
record the Easements.
9.
OF
(38) The Agreement between the City and A. W. and Diane E. Brown
(85) is approved and the Mayor pro tem and City Clerk authorized
to execute the Agreement on behalf of the City. The
Agreement extends the time for installation of public
improvements to Camino Capistrano to October 1, 1979, in
conjunction with development of Lots 19, 20, and 21 of
Tract 1269, subject to receipt of a performance bond in
the amount of $9,000.
10. APPROVAL OF FINAL MAP FOR DIVISION OF LAND 77-5
CREBER DAKIDES)
(85) The Final Map for Division of Land 77-5 is approved with
the determination that said Map is consistent with the
General Plan and in substantial compliance with the
approved Tentative Map; the Subdivision Agreement is
approved and the Mayor pro tem and City Clerk authorized
to execute the Agreement on behalf of the City.
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11. LEASE OF PARRA ADOBE/HARRISON HOUSE
(CAPISTRANO INDIAN COUNCIL OF ORANGE COUNTY, INC.)
(38) The Lease between the City and the Capistrano Indian
(23) Council of Orange County, Inc., is approved and the Mayor
pro tem and City Clerk authorized to execute the Agreement
on behalf of the City. The Lease is for a period of one
year from the date of occupancy with rental in the amount
of $1.00 per year. The Lease is for the use of the
Parra Adobe and Harrison House, 27832 Ortega Highway, as
an office and museum.
12. LETTERS OF CREDIT FOR GRADING, IMPROVEMENTS AND
MONUMENTATION, TRACT 9030 (CAPO RANCHES, INC.)
(38) Staff is directed to call the following irrevocable
(85) letters of credit which expire August 3, 1978:
Bank Type Amount
Bank of America Grading $66,700
Bank of America Labor & Material -
Public Improvements $32,500
Bank of America Monumentation $ 1,000
13. QUITCLAIM OF SEWER EASEMENT, TRACT 9373
(PATRICK DEVELOPMENT CORRALES ESTATES)
(85) Quitclaim of the 20 -foot sewer easement located on Lot 20,
(91) Tract 9373, to Patrick Development is approved; the City
Clerk is directed to record the Quitclaim Deed on behalf
of the City.
14. CLARIFICATION OF EASEMENT FUNCTION, TRACT 7654
(PATRICK DEVELOPMENT/CORRALES ESTATES) _
(85) The report dated July 19, 1978, from the Director of Public
(91) Works clarifying the easement across San Juan Creek Road
in conjunction with Tract 7654 is ordered received and
filed. Council requested the report at the meeting of
July 5, 1978.
15. CLAIM FOR DAMAGES (GOLD)
(35) The Claim filed on July 10, 1978, by Marian J. Gold, for
injuries and damages allegedly occurring on April 6, 1978,
in the approximate amount of $116,500, is denied and
referred to the City insurance carrier, Dan Gorman Insurance.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. APPEAL OF SYSTEMS DEVELOPMENT CHARGE TAX,
33562 VALLE ROAD (KILBRIDE)
(86) Council received copies of a report dated July 19, 1978, from
the City Manager forwarding an appeal of the Systems
Development Charge Tax filed by Phil Kilbride, Box 783,
San Juan Capistrano, in conjunction with the construction _
of a residence at 33562 Valle Road.
In consideration of the action taken earlier in the meeting
regarding interim processing of the tax, it was moved by
Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to hold further action on Mr. Kilbride's
appeal pending Public Hearings on Ordinance No. 364 to be
held in conjunction with budget hearings.
-10- 7/19/78
48�
2. REPORT ON CAPITAL PROJECTS
(24) Council received copies of a report dated July 19, 1978,
from the City Manager regarding certain capital projects
included in the 1978-83 fiscal budget, as follows:
(1) Hot Springs Dance Hall - The City Manager has
(23) directed that the Dance Hall project be continued,
pursuant to the authorization granted by Council
on July 5th. Elimination of the project would
' cause the loss of approximately $141,000 in grant
funds and the costs of authorized reports; other
considerations include the use of the facility by
the Senior Citizens Center and recreation program,
community support for the project, and historical
significance of the structure.
(2) Camino Capistrano Improvement District - It was
(83) moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to authorize the
expenditure of $5,000 for engineering services for
utility design and coordination of the Camino
Capistrano Improvement District. Funds for
construction include $96,000 in Gas Tax Funds,
$70,000 from the Drainage Fund, Arterial Highway
Financing Program funds, and private participation.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
CAMINO CAPISTRANO IMPROVEMENT DISTRICT -
ENGINEER'S REPORT
(83) It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to direct the City
Engineer to continue in the preparation of an assessment
' district for Camino Capistrano. Staff is to report back
to the City Council within 60 days with a boundary map
of the district and a list of property owners who would be
required to participate in this project, as set forth in
the report dated July 19, 1978, from the Director of Public
Works/City Engineer.
CAMINO DEL AVION STORM DRAIN -
STATUS REPORT
(80) Council received copies of a report dated July 19, 1978,
from the Director of Public Works advising that the County
Board of Supervisors will consider cancellation of the project
known as the Camino del Avion Storm Drain due to reduced
funding resulting from the passage of Proposition 13. The
report sets forth five alternative courses of action and
recommends that the City's participatory share of the project
be increased from $25,000 to $100,000 in order to encourage
continued County participation and avoid project cancellation,
with specific fund allocations to support the project to be
established during 1978-83 fiscal budget hearings.
Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach,
owner of property in the area of the project, addressed
' the Council to urge that funds for storm drain construction
be transferred from the Agricultural Preservation Fund in
order to complete the project without delay. Councilman
Hausdorfer noted that Camino del Avion is the City's
major drainage problem and that use of the funds should
be considered with staff encouraged to expedite an answer
on County participation. Council concurred that the project
would also alleviate problems compounded by drainage from
development in County unincorporated territory.
-11- 7/19/78
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried that staff be authorized
to negotiate with the County for continuation of the project
with possible increases in City financial participation;
the final decision on City participation is to be made
during budget discussions.
COMMISSIONS, BOARDS, COMMITTEES
1. ORANGE COUNTY HEALTH PLANNING COUNCIL
RECONFIRMATION OF DELEGATE/APPOINTMENT OF ALTERNATE
(59) Reconfirmation of Delegate:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried that the appointment of
Pauline Leonard as the City's representative to the Orange
County Health Planning Council Assembly of Delegates be
reconfirmed, as set forth in the report dated July 19th, from
the City Clerk.
Appointment of Alternate:
Councilman Hausdorfer nominated Jerry Kaufman as the City's
Alternate Delegate to the Health Planning Council. Following
discussion of whether Mr. Kaufman's professional status
as a registered physical therapist would conflict with
the composition of the Planning Council, the City Clerk
was directed to report further at the meeting of August 2nd.
COUNCIL REMARKS
1. TREE REMOVAL
(74) At the request of Councilman Hausdorfer, staff was directed
to investigate tree removals in the vicinity of the Endevco
and Honeyman properties.
SAN JUAN CREEK STORM DRAIN CHANNEL, FACILITY L01 -
APPROVAL OF RIGHT OF ENTRY FOR RESTORATION
(80) The Director of Public Works requested approval of a
(38) Right of Entry document between the City and the County
of Orange to allow emergency restoration of the channel
bottom and levees of the San Juan Creek Channel as a result
of severe winter storms. The restoration work will be
funded by the U.S. Department of Agriculture, Soil
Conservation Service, with coordination provided by
the County Environmental Management Agency.
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried that the Mayor pro tem
and City Clerk be authorized to sign the Right of Entry
document on behalf of the City. The Right of Entry is
effective for the period August 1, 1978, to August 1, 1979.
MAYOR'S MEETING
(32) Mayor pro tem Thorpe advised that the Mayor's Meeting with
Commission Chairmen and Department Heads will be held on
Wednesday, July 26th at 5:00 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 8:33 P.M., to the next regular meeting date of
Wednesday, August 2, 1978, at 7:00 P.M., in the City Council Chamber.
ATTEST:
Respectfully submitted,
L-
JAr F. THORPE, MAYORYPRO TEM MARY AN HANOV R, CITY CLERK
t
-12- 7/19/78