79-0516_CC_Minutes_Reguar Meeting3.19
MAY 16, 1979
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
7:05 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman Gary
Hausdorfer.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
James F. Thorpe, 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 Development;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of May 2, 1979:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of May 2, 1979,
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 Buchheim, seconded by Councilman
Schwartze that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION OF NATIONAL PUBLIC WORKS WEEK,
MAY 20 - 26. 1979
(71) With the concurrence of Council, Mayor Friess proclaimed the
week of May 20 - 26, 1979, as National Public Works Week in
recognition of the services.provided to the community by
public works personnel.
RESOLUTION URGING SOLUTION TO THE GASOLINE CRISIS
(58) It was moved by Councilman Buchheim and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
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D 44
ON NO. 79-5-16-1, URGING AN EQUITABLE
JVLU1'1 V1V '1V '1 RG ISHJVL1LV 1. Vtl1J1J — H nr.J V1,V1
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, URGING AN EQUITABLE
SOLUTION TO THE GASOLINE CRISIS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Resolution urges the Governor, Congressional representatives
and the County Board of Supervisors to work towards a fair
and equitable solution to the current gasoline crisis which
will not deprive automobile owners of the use of their vehicles
or adversely impact the consumer public.
Council directed that possible mitigation measures such as
additional signs at service stations be placed on the June 6
Agenda for consideration if there is a continuing problem of
availability of gasoline.
ORAL COMMUNICATI
Marilyn Williams, 29931 Camino Capistrano, requested an opportunity to
address the Orange County Retirement System item, which appears later
on the Agenda.
The following persons requested that Agenda items be considered early
in the meeting:
(1) David Lang, 267 Avenida Adobe, San Clemente, Tract
9284;
(2) Beverly Starr, 27927 Calle San Remo, Traffic
Conditions on Calle San Remo.
COMMISSION REPRESENTATION
(23) Dennis Johnson, Traffic and Transportation Commission, advised
that he was present to answer any questions with regard to
recommendations made by the Commission.
PUBLIC HEARINGS
1. APPEAL OF
OF APPROVAL
(68) Written Communications:
(1) Letter dated May 10, 1979, from Thomas O. Fincher,
Home Federal Savings, requesting that the Public
Hearing be continued to the meeting of June 6 due
to the continuation of consideration of the zone
variance request by the Planning Commission.
(2) Report dated May 16, 1979, from the Director of
Community Planning and Development, setting forth
the background of the continuation.
Public Hearing:
Notice of continuation of the Public Hearing having been given
as required by law, Mayor Friess declared the Hearing open;
and, there being no response, continued the Hearing to June 6
at 7:00 P.M., in the City Council Chamber.
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2.
TENTATIVE PARCEL MAP 854, APPEAL OF ZONE VARIANCE 79-7
321
(85) Proposal:
Consideration of the focus environmental impact report;
Tentative Parcel Map 854 for a division of 5.97 acres of
land into 4 parcels for property located on the west side
of Camino Capistrano south of the existing San Juan Plaza;
Architectural Control 79-7 for a shopping center master plan;
and, Zone Variance 79-7 for a reduction in rear and side yard
setbacks and a reduction in required parking spaces from 326
to 316. The City Council has appealed the Planning Commission
conditional approval of the zone variance and site plan.
Applicant:
Philip Whitener, c/o Collins Diversified, 270 South Bristol,
Suite 201, Costa Mesa.
Written Communications:
(1) Report dated May 16, 1979, from the Director of
Community Planning and Development, advising that the
Architectural Board of Review has determined that the
project meets the design standards of the community,
and forwarding the Planning Commission recommendation
for approval of the Tentative Parcel Map. On April 10,
the Commission approved the site plan building elevations,
building materials and landscape plan. The CC&R's for
the project are to include a condition requiring that
employees park in the area behind the proposed market.
In order to mitigate off-site traffic congestion at
the intersection of Camino Capistrano and San Juan Creek
Road, the Traffic Engineer has recommended installation
of a temporary signal; and, if necessary, construction
of additional travel lanes at the intersection, pending
completion of the San Juan Creek bridge widening project
in 1984. The center under consideration is expected to
be completed during 1980.
(2) Letter dated May 11, 1979, from Town Hall Association
of San Juan Capistrano, Inc., P. O. Box 842, recommending
denial of the project based on non-conformance with
the General Plan and distribution of neighborhood
convenience centers, traffic congestion, variance
from the recommendations of the Commercial and
Industrial Incentives Committee Report and general
concepts of the downtown area.
(3) Letter petition received May 15, 1979, and signed by
25 tenants of the adjoining San Juan Plaza, urging
denial of the zone variance and requesting that approval
only be given to a final plan that provides reasonable
vehicular and pedestrian traffic flow with San Juan Plaza
and parking and that addresses the visual impact of
man-made surroundings.
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
opened the Public Hearing and the following persons responded:
(1) John Collins, Collins Diversified, developers, spoke
in support of the project.
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(2) Rick Gaylord of McClellan/Cruz/Gaylord, project
architects, noted the amount of time and effort
expended by the applicants and requested specific
information on the City Council appeal and opportunity
for rebuttal.
Council Discussion:
Mayor Friess requested that Council Members cite their
concerns at this point and there was a consensus that
problem areas include traffic generated by a market and the
impact on Camino Capistrano and circulation at San Juan
Creek bridge, concerns with AHFP funding and bridge recon-
struction and parking. Council also cited economics and the
ability of support by City services, noted that the cumulative
amount of commercial development in the City should be
addressed in the environmental impact report and that
phasing of other developments in the City should be con-
sidered. It was also noted that parking areas behind
markets are often not utilized, that the location of
building F appears to block access to San Juan Plaza, and
that traffic flow should be improved through the inside of
the centers. Council concurred in appreciation of the
architectural design of the project.
Mayor Friess then asked for comment from the audience in support
of the project and the following persons responded:
(1) Butch Hale, owner of Butch's World of Sport in San Juan
Plaza, cited the additional people and traffic that
would be drawn to the area by an anchor retail development.
(2) Art Koehler, representing the Chamber of Commerce,
noted general approval of the plan as an anchor project
and the architecture.
The following persons then responded in opposition to the
project:
(1) Art Koehler, Suite A103, San Juan Plaza, cited parking,
trash and trash collection, integration of the adjacent
center, and suggested buildings E and F become the
second stories of the buildings paralleling the railroad
tracks.
(2) Robert Astrik, Suite C103, San Juan Plaza, cited
insufficient parking and suggested the project be
modified.
(3) Dr. Bernard Huss, Suite A105, San Juan Plaza, cited
the importance of parking and access.
(4) John Pierce, former tenant, San Juan Plaza, stressed
the importance of through driveway traffic between the
shopping centers.
(5) John Chance, Suite D106, San Juan Plaza, cited the
importance of through driveway traffic and noted the
lack of signs at the front of San Juan Plaza.
(6) Maxine Maurice, Chamber of Commerce Business and
Government Relations Committee, noted the City's
responsibility to respond to existing businesses.
(7) James Baird, Suites C105 and 106, San Juan Plaza,
noted that trash depositories, electrical conduits and
walls will face their shop and that delivery trucks
will pass in front. Subsequently, Mrs. Baird also
cited traffic conditions on Camino Capistrano and the
need for access through the centers.
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The following persons then addressed the Council:
(1) John Collins, developer, stated they would eliminate
rear doors on the buildings opposite San Juan Plaza
if the City desires, and thus eliminate rear deliveries,
that they have agreed to contribute $8,000 to the signal
at Camino Capistrano and San Juan Creek Road, and will
provide a median strip, and that the project should
have a positive effect on the City; Mr. Collins requested
approval of the project.
(2) Ed Markson, a Vice -President for Alpha Beta Markets,
noted that merchandizing studies support the location
of a market at the site, that the size of the parking
stalls could be reduced and negate the need for a
parking variance; and, in response to Mayor Friess,
noted that super markets require a population of at
least 10,000 people per market and that they expect
to draw customers from Laguna Niguel, Capistrano Beach,
and Dana Point.
(3) Ed Rusak, JHK and Associates, Traffic Engineer for Alpha
Beta, reviewed the studies made of traffic and circulation.
There being no further response, Mayor Friess declared the
Hearing closed.
Council reiterated concerns with traffic circulation and
cooperation with the adjoining Plaza, the parking design and
use of spaces behind the project buildings, and delivery
trucks. Council also noted that the environmental impact
report should be updated and include consideration of imple-
mentation of the downtown study and one-way traffic on Camino
Capistrano, and that density on the property is too heavy.
Mayor Friess suggested that the City should reconsider the
square footage allowed in neighborhood convenience centers
and further suggested that San Juan Plaza merchants should
submit a request to the City if there is a legitimate problem
regarding sign requirements.
Focus Environmental Impact Report, Finding of Inadequacy:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that the environmental impact
report be found inadequate due to the following: (1) the
uncertainty of Arterial Highway Financing Program funds and
the effect on the San Juan Creek bridge; and, (2) the plans
for modifications to the downtown area on Camino Capistrano.
Denial of Tentative Parcel Map 854 Without Prejudice:
It was moved by Councilman Hausdorfer and seconded by Councilman
Thorpe to deny approval of Tentative Parcel Map 854 without
prejudice due to the fact that the site is physically unsuitable
for the type of development proposed and may cause an adverse
impact upon the public health, safety, and welfare. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: Councilman Schwartze
ABSENT: None
Denial of Zone Variance 79-7:
It was moved by Councilman Schwartze, seconded by Councilman
Thorpe and unanimously carried to deny the zone variance
application based on the following points:
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32 r
(1) To master plan the entire commercial center as to
avoid encroachment on existing easements, specific
design constraints were placed upon the project which
preclude the applicant from meeting several developmental
requirements of Ordinance 293;
(2) The variance is unnecessary for the preservation and
enjoyment of a privilege enjoyed by other properties
in the vicinity and under identical zoning;
(3) The granting of the variance will contribute to a
property development which will be materially
detrimental to the public welfare and injurious to
the property or improvements in the vicinity;
(4) The granting of the variance is inconsistent with the
goals, policies, and objectives of the General Plan.
Denial of Architectural Control 79-7:
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim to deny Architectural Control No. 79-7. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: Councilman Schwartze
ABSENT: None
The City Council actions in denying Tentative Parcel Map 854,
Zone Variance 79-7, and Architectural Control 79-7 are
incorporated in the following Resolution:
RESOLUTION NO. 79-5-16-2, TENTATIVE PARCEL MAP 854
'n nnrTT mranmrrnrr nnTTmnnT ' O -'T TTTT OnTTU VADTANT TV %Q-%
BUSINESS PROPERTIES INC./ALPHA BETA) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DENYING WITHOUT PREJUDICE: TENTATIVE
PARCEL MAP 854, THE DIVISION OF 5.97 ACRES INTO FOUR
PARCELS; ARCHITECTURAL CONTROL 79-7 FOR A MASTER PLAN
OF A SHOPPING CENTER; AND ZONE VARIANCE 79-7 FOR A
REDUCTION IN THE REAR YARD SETBACK ON PARCEL 1 FROM
25 FEET TO 0 FEET, A REDUCTION IN THE SIDEYARD SETBACK
FROM 5 FEET TO 0 FEET ON PARCEL 2, A REDUCTION IN THE
REAR YARD SETBACK ON PARCEL 3 FROM 25 FEET TO 10 FEET,
A REAR YARD SETBACK REDUCTION ON PARCEL 4 FROM 25 FEET
TO 20 FEET, AND A REDUCTION IN THE REQUIRED PARKING
FROM 326 TO 316 SPACES
RECESS AND RECONVENE
Council recessed at 9:30 P.M., and reconvened at 9:45 P.M.
TRAFFIC AND TRANSPORTATION COMMISSION
1. REPORT OF TRAFFIC CONDITIONS
LOS CORRALES;
(87) This item was taken out of order for the benefit of members
of the audience.
Written Communications:
(1) Report dated May 16, 1979, from the Director of
Public Works, forwarding the recommendation of the
Traffic and Transportation Commission that the City
Council approve temporary closure of Calle San Remo at
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325
the boundary of Los Corrales, Tract 9373, with provisions
for bicycle and pedestrian access, until 30 days following
completion of Camino La Ronda and La Novia Avenue. City
staff recommends that action be deferred for 60 days
pending review of legal implications and traffic impacts.
The Director of Public Works advised that the report was
prepared in response to a petition received from residents
of Calle San Remo.
(2) Letter dated May 14, 1979, from George T. Kruer,
Los Corrales Estates, 2643 Fourth Avenue, San Diego
92103, requesting an opportunity to review the situation
prior to Council action.
Council Discussion:
During discussion it was clarified that the tract condition of
approval indicates Calle San Remo as a through street;
Mayor Friess advised that residents of San Juan Terrace
were assured by the developer that it would not be a through
street. Access to Los Corrales was closed in an attempt to
restrict construction vehicles from using San Remo rather
than Camino La Ronda, the main entry to the Los Corrales
development. Mrs. Starr, 27927 Calle San Remo and David
Henry, 31986 Via Madonna, addressed the Council in support
of street closure.
Authorization for Street Closure:
It was moved by Councilman Thorpe,
Hausdorfer and unanimously carried
San Remo be closed with a barrier
access until issuance of the final
subsequent review.
PUBLIC HEARINGS (CONTINUED
seconded by Councilman
that access through Calle
which would allow emergency
occupancy permit and
3. REQUEST FOR CABLE TELEVISION RATE INCREASES
T.M. COMMUNICATIONS
(43) Proposal:
A request by T.M. Communications for approval of new rates
and charges for cable television service within their service
area.
Applicant:
Richard E. Young, Vice President, T.M. Communications,
3303 Harbor Boulevard, Costa Mesa, 92626.
Written Communications:
Report dated May 16, 1979, from the Director of Administrative
Services providing comparative data and background information
on rate structures, service areas and franchise fees for T.M.
Communications and Storer Cable Television.
Public Hearing:
Notice having been given as required by law, Mayor Friess
declared the Public Hearing open, and the following persons
responded:
(1) Richard Young, representing Orange County Cable Television/
T.M. Communications, advised that their subscribers had
been notified of the Public Hearing as of April 20,
cited improvements made in services, equipment and
facilities, and requested approval of the increases.
The following persons spoke in opposition to rate increases:
(1) John Katzmeier, 27575 Brookside Lane;
(2) Charles Ward, 26432 Pepperwood Lane, representing the
Village San Juan Homeowners Association;
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(3) Jerry Kaufman, 27001 Calle Don Carlo.
There being no further response, Mayor Friess closed the
Public Hearing.
Continuation to July 18:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to direct staff to schedule
the following items for Council consideration at the meeting
of July 18, 1979:
(1) Amendment to Section 16, Ordinance No. 149, granting
requested rate increases to T.M. Communications.
(2) Amendment to Section 14, Ordinance No. 149, increasing
franchise fee from 2% to 38.
(3) Amendments to Section 14, Ordinance No. 149 and Section 5,
Ordinance No. 333, expanding the basis of payment of all
franchise fees to include revenue from all cable services
including basic subscriber services, pay television,
advertising and leased access.
The City Manager advised that the staff study of franchise areas
would be accomplished following upcoming budget considerations.
TRACT 9284, KING -
CATION OF
(85) Proposal:
A request for reduction in rear yard setbacks from 35' to 25'
for Lots 1, 2, 3, 19 and 20 of Tract 9284.
Applicant:
Chuck King and Associates, 26872 Calle Hermosa, Capistrano
Beach, 92624.
Written Communications:
Report dated May 2, 1979, from the Director of Community
Planning and Development, forwarding the recommendation made
by the Planning Commission on April 10,and 6 letters from
residents of Calle Andalucia, San Clemente, in opposition to
the request.
David Lang, architect, 267 Avenida Adobe, San Clemente,
addressed the Council in support of the request.
Denial of Request:
It was moved by Councilman Thorpe and seconded by Councilman
Buchheim to approve the recommendation of the Planning
Commission for conditional approval. The motion failed
by the following vote:
AYES: Councilman Buchheim
NOES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
ABSENT: None
It was moved by Councilman Hausdorfer and seconded by
Councilman Thorpe to deny the proposed amendment to
Condition No. 15 of Resolution No. 77-2-2-6. The
motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
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PUBLIC HEARINGS (CONTINUED)
4. ORTEGA PLANNED COMMUNITY
(85) A. Amendment to Permitted Uses in Plann
and, Area Plans A, C, and D-1
Section C
327
Written Communications:
Report dated May 16, 1979, from the Director of Community
Planning and Development, forwarding the recommendation
made by the Planning Commission on April 24 that permitted
uses in Planning Section C include general office uses
and that permitted uses in Planning Section B include a
conditional joint parking agreement.
Exhibits were on display and Tom Tomlinson, Associate
Planner, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons responded:
(1) Jon Pugh, representing Tarnutzer-Hamilton, project
developers, and Council discussed amounts of acreage
and public dedication of land including the trail
system; Mayor Friess suggested that the issues of
acquisition or acquisition of development rights
and ownership of open space including Lot H should
be addressed.
(2) Ilse Byrnes, Chairman of the Equestrian Commission,
advised that topography was an area of concern and
that the Commission recommends equestrian use in
Section C.
There being no further response, Mayor Friess closed the
Public Hearing.
Permitted Uses in Planning Section C/Introduction
of Ordinance No. 384:
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:
ORDINANCE NO. 384, AMENDMENT TO REZONE 78-1
(ORTEGA PROPERTIES) - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
ORDINANCE NO. 379 BY AMENDING THE PERMITTED USES
IN PLANNING SECTOR C AS DEFINED IN COMPREHENSIVE
DEVELOPMENT PLAN 78-1
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
The Ordinance amends Comprehensive Development Plan 78-1
adopted on January 3, 1979, to include general office uses
within Planning Section C and parking lots to serve adjacent
uses in Planning Section B.
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328
Approval of Area Plans for Planning Sectors A and D-1:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the Area Plans for
Planning Sectors A and D-1, which include architectural theme,
concept site plans, landscape plans and grading plans; approval
of Planning Sector C is withheld at this time. Consideration
is to be given to constraints including maintenance of improve-
ments and control over ground leases or lot sale subdivision
determinations.
Tentative Parcel Map 856 (Ortega Properties):
With the concurrence of Council and the consent of the applicant,
Mayor Friess continued the Public Hearing on Tentative Parcel
Map 856 to the meeting of June 6, 1979, at 7:00 P.M., in the
City Council Chamber. -
Approval of Tentative Parcel Map 857 (Cantor Development Limited)
Proposal:
A request to subdivide 10.19 acres of land into 5 lots for a
portion of Planning Section B of the Ortega Planned Community,
said parcels to form the legal descriptions for the issuance
of assessment bonds. Recordation of the final map is held
pending Planning Commission approval of the specific development
plans.
Applicant:
Cantor Developments Limited, c/o Chuck King, 26872 Calle
Hermosa, Capistrano Beach 92624.
Written Communications:
Report dated May 16, 1979, from the Director of Community
Planning and Development.
Council discussed means of providing control over maintenance
of improvements and preference for dealing with one developer
rather than five property owners.
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim that the following Resolution be adopted with the
inclusion of a condition providing for landscape maintenance
in the CC&R's:
RESOLUTION NO. 79-5-16-3, TENTATIVE PARCEL MAP 857
(KING -CANTOR) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 857, A PROPOSAL TO SUBDIVIDE
10.19+ ACRES OF LAND INTO FIVE LOTS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, and
Buchheim
NOES: Councilman Thorpe and Mayor Friess
ABSENT: None
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: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
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329
1. APPROVAL OF WARRANTS
(41) The List of Demands dated May 16, 1979, Warrants Nos.
16613 through 16747, inclusive, in the total amount of
$422,000.11, is approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF APRIL 30, 1979
(41) The City Treasurer's Report of Investments as of April 30,
1979, is approved as submitted.
3.
1911 ACT BOND
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of April 30, 1979, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF MARCH 31, 1979
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the nine-month period ending March 31, 1979, is approved
as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
MAY 8, 1979
(23) The Report of Actions taken by the Cultural Heritage Commission
at the meeting of May 8, 1979, is ordered received and filed.
6. EXPANSION OF PARKING LOT PAVING AND PATIO CONSTRUCTION -
(23) The plans and specifications for expansion of the parking lot
and construction of a patio behind the San Juan Hot Springs
Dance Hall are approved and staff is authorized to call for
bids. The Engineer's estimate of project cost is $11,000,
with funds available from the Parks and Recreation Fund,
Upgrade of Existing Facilities and Dance Hall.
7. MAJOR STREET REPAIRS -
APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS
(83) The plans and specifications for the construction of major
street repairs are approved and staff is authorized to call
for bids. The estimated project cost is $25,000.
8. ARCHI
M
CE OF SEWER
(73) The Easement Deed for sewer purposes over the private streets
(80) of the 56 -unit apartment complex at the corner of Del Obispo
and Alipaz Streets is accepted from Wertin Development
Company, and the City Clerk is directed to record the Deed.
92!
CONTROL 76-5 -
(38) Staff is authorized to release the following Faithful
Performance Bond for construction of sidewalks on Camino
Capistrano in conjunction with Architectural Control 76-5:
Bond No. 9928 in the amount of $10,000,
issued by Surety Company of the Pacific
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330
10. STATUS REPORT - CONSTRUCTION ADJACENT TO SUNHOLLOW
(85) The status report dated May 16, 1979, from the Director of
Public Works on the repair of landscaping to Tract 7673 is
ordered received and filed.
11. RELEASE OF CERTIFICATE OF DEPOSIT, CONDITIONAL USE
PERMIT 78-5 (FRED JONES TRUCKING)
(49) Staff is authorized to release the $600 Time Certificate
(39) of Deposit No. 45-A 20646, to Fred Jones Trucking in
conjunction with the sand and gravel operation in San
Juan Creek, Conditional Use Permit 78-5. The Certificate
is for the purpose of insuring restoration of San Juan
Creek Road and was issued by California First Bank.
12. PUBLIC HEARING DATE FOR APPEAL OF PLANNING COMMISSION
ACTION - CONDITIONAL USE PERMIT 79-5 (HOFFMAN)
(39) A Public Hearing is to be scheduled for June 6, 1979, on
the Planning Commission approval of Conditional Use Permit
79-5, a proposed commercial stable located on San Juan Creek
Road, as filed by Mrs. Carolyn Munson.
REPORT OF PLANNING COMMISSION MEETING OF MAY 8, 1979 -
COUNCIL APPEAL OF COMPOSITE DEVELOPMENT PLANS FOR TRACT 9786
(67) It was moved by Councilman Buchheim, seconded by Councilman
(85) Thorpe and unanimously carried to appeal the Planning Commission
approval of the composite development plans for Tract 9786
(Patrick -Black Mountain Villas) and to receive and file the
remainder of the Report of Actions dated May 8, 1979.
CAMINO DEL AVION STORM DRAIN -
APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS
(80) It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried to approve the plans and
specifications for the Camino del Avion Storm Drain project
and improvements to Camino del Avion from Alipaz Street to
Del Amo and to authorize staff to call for bids. Project
costs are estimated at $233,000, with funding provided from
the Drainage and Systems Development Funds; and, funds
loaned from the Agricultural Preservation Fund which are to
be considered as advances only and are to be reimbursed to
that fund.
CREDIT FOR SYSTEMS DEVELOPMENT FEES -
CASITAS DE ALIPAZ (WOOLSEY)
(86) It was moved by Councilman Buchheim, seconded by Councilman
(68) Thorpe and unanimously carried to receive and file the report
dated May 16, 1979, from the Director of Public Works regarding
an allocation of credit towards the Systems Development Tax
for funds deposited for the traffic signal at Alipaz and
Del Obispo Streets. The item is to be scheduled for a future
City Council Agenda for consideration.
TREE REMOVAL APPLICATION, LOTS 2, 4, 7 AND 8 - TRACT 9795 (LOVE)
(74) It was moved by Councilman Buchheim, seconded by Councilman
Thorpe and unanimously carried that the decision of the
Tree Inspector be confirmed with regard to the approved
removal of all citrus trees on Lots 2, 4, 7 and 8 of
Tract 9795, as set forth in the report dated May 16, 1979,
from the Director of Community Planning and Development.
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ADMINISTRATIVE ITEMS
CITY MANAGER
1. ORANGE COUNTY RETIREMENT PLAN AND CONSIDERATION
OF CITIZENS COMMITTEE
(66) Written Communications:
Report dated May 16, 1979, from the City Manager setting
forth City participation in the Orange County Employees'
Retirement System and creation of a Citizens' Advisory
Committee to advise on financial impacts of various pension
plans for employees.
John O'Malley, representative of the Employees' Association,
advised that he would withhold comment pending a decision on
appointment of a committee.
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to direct staff to advertise
for persons interested in applying for appointment to an
ad hoc advisory committee. Committee guidelines and charge
are to be designed by Mayor Friess and the City Manager;
the Employees' Association representative is to be kept
advised of progress and to be supplied with copies of reports.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. REQUEST FOR INITIATION OF GENERAL PLAN
AMENDMENT (FALKLAM)
(46) Proposal:
A request for initiation of a General Plan Amendment to
increase allowable units from 9 to 12 on a 3-1/2 acre parcel
located off Del Obispo Street.
Applicant:
Harry Falklam, P. O. Box 904, San Juan Capistrano.
Written Communication:
Report dated May 16, 1979, from the Director of Community
Planning and Development forwarding the recommendation of
denial made by the Planning Commission on April 24th.
Approval of Request:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve initiation
of a General Plan Amendment for processing, as requested by
the applicant.
ADJOURNMENT
The meeting was adjourned at 12:35 A.M., Thursday, May 17, 1979,
to the next meeting date of Thursday, May 17, 1979, at 5:30 P.M.,
in the City Council Chamber for the purpose of completing the Agenda.
Respectfully submitted,
ATTEST:
KENNETH E. FRIESS, MAYOR
MARY ANN i?ANOVER, CITY CLERK
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