77-0406_CC_Minutes_Regular MeetingAPRIL 61 1977 1
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 Heckscher at
7:08 P.M. -in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Richard
Reeve, Christian Mission Church.
ROLL CALL PRESENT: Yvon 0. Heckscher, Mayor
Kenneth E. Friess, Mayor pro tem.
Richard D. VcDowell, Councilman
Douglas B. Nash, Councilman
John B. Sweeney, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalisq City Manager; William D. Murphy,
Director of Public Works/City Engineer; Thomas G. Merrell, Director
of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover,
City Clerk.
MINUTES
It was moved by Councilman McDowell and seconded by Councilman
Sweeney -that the Minutes of the Regular Meeting of March 16, 1977,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash, and
Mayor Heckscher
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman McDowell, seconded by Councilman Sweeney
and unanimously carried that all Ordinances be read by title only.
CITY COUNCIL - PRESENTATION OF CITY SEAL PLAQUE
(32) Mayor Heckscher presented a City Seal plaque to Councilman
Nash in recognition of his dedication during his term as
Mayor during the last year and cited the following specific
achievements during that time: Agriculture Preservation
Program, City beautification and retention of the City's
rural character; development of the Los Rios Project; together
with Councilm - an Sweeney, the development of the Sister City
Program; the Bicentennial Program; additional City stop by
Amtrak; development of the 5 -year budget. Mr. Nash expressed
his gratitude for the honor of having served.
ORAL COMMUNICATIONS
Mayor Heckscher announced that the placement of various items on
the Agenda had been re -arranged for the benefit of those wishing
to address the Council. "Oral Communications" will appear at the
beginning of the Agenda and will be limited to a total time period
of 20 minutes.
1. REQUEST FOR BUSINESS LICENSE FOR
ASTROLOGY PURPOSES (THE SUN SIGN)
(26) Burton Morse, 2141 Seville Street, Balboa Penninsula,
addressed the Council to request approval of the request
for the issuance of a City license for the Sun Sign, which
appears later on the Agenda.
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2. WEED ABATEMENT PROGRAM
(74) Sh'igeru Kinoshita, 27015 Calle Real, Capistrano Beach, requested
that the City take action to abate weeds growing adjacent to
agricultural areas. Mr. Kinoshita advised that the mustard -
type weed along the Alipaz Street right-of-way carried
disease and aphids which spread to row crops and suggested
that the weed abatement program be undertaken earlier in the
year during initial weed growth.
With the consensus of the Council, Mayor Heckscher requested
that Mr. Kinoshita discuss the matter with City personnel and.
that the City Manager prepare a report for the April 20th
Council meeting.
PUBLIC HEARINGS
1. REZONE 77-4. ALTO CAPI
(95) Council received Copies of a report dated April 6, 1977, from
the Director of Planning regarding Rezone 77-4, a request for
a zone change -from GM (Growth Management) to PC (Planned
Community)to accommodate a retail -office -restaurant complex.
The proposed project consists of 19 acres of land located
on the north side of Camino Las Ramblas opposite Via California
in the Alto Capistrano area of the City. The applicant is
Prudential Insurance Company of America, 660 Newport Center
Drive, Suite 1100, Newport Beach. Exhibits were on display
indicating that the project is divided into four development
areas, i.e., retail stores, offices, a free-standing restaurant,
and open space bluff area.
The Planning Commission has recommended approval of the
project and has determined that the proposal, the Planned
Community zoning, and the accompanying Comprehensive
Development Plan are consistent with the General Plan. More
detailed site plansarchitectural elevations, landscape plans,
and development regulations will be subject to further City
review and approval.
The Environmental Impact Report estimates that the project
will generate approximately $84,000 in annual sales tax
revenue.and $17,755 per year in property tax revenues.
Additional costs to the City include police and fire protection
and additional municipal services.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open on Rezone 77-4 and inquired
if anyone in the audience wished to address the Council in
favor of the project; those persons speaking in opposition
to be heard second.
The following persons responded in favor of the project:
1. Dee Tyler, 26982 Via Banderas, President, Alto Capistrano
Homeowners Association;
2. Herm Roesti, representing Prudential Insurance Company
of America.
There being no one else wishing to address the Council, Mayor
Heckscher declared the Public Hearing closed.
Council discussion ensued and it was clarified that the section
designated as open space would be included in landscape and
design. Project approval carries an obligation to dedicate
-an extension of Via California from Las Ramblas to the Glendale
Federal property as a condition of approval'of the site plan,
which would be the first step in acquiring street rigbt-of-way
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for Route D over Window Hill. The appropriateness of CDP
(Comprehensive Development Plan) zoning on the property was
also discussed, and the Director of Planning advised that
the dedication of the Via California extension would split
the property into two parcels. With respect to the adjacent 10
acre parcel bounded by Camino Las Ramblas and Via de Agua,
the Director of Planning advised that the property is in
escrow for purchase by Glendale Federal, Primary concerns
with development of the subject area are the * elevations of the
buildings as they relate to existing residential views,
landscaping, and conformance of architectural styles; the
possibility of connecting the Las Ramblas freeway on-ramp
to Camino Capistrano around the base -of Window Hill was not
considered. Mayor Heekscher requested that the City Attorney
and Director of Plani.ing work closely in determining whether
the ratio of per foot costs borne by major tenants in such
shopping centers can be established at the site plan stage
in orderto alleviate turnover for small shop owners.
Approval of Rezone 77-4:
Councilman Mcrovell read the title of the Ordinance next in
order; and, it was moved by Councilman McDowell and seconded
by Councilman Sweeney that the following Ordinance, being:
ORDINANCE NO. 319, REZONE 77-4 (PRUDENTIAL) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF THAT PORTION OF ASSESSOR'S PARCEL
NO. 675-081-13 WEST OF VIA CALIFORNIA FROM GM
(GROWTH MANAGEMENT) TO PC (PLANNED COMMUNITY)
AND INCORPORATING COMPREHENSIVE DEVELOPMENT PLAN
CDP 77-1 AS PART OF THE PC ZONING
be introduced. The motion carried by the following vote:
AYES.: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
2. ADOPTION OF GENERAL PLAN AMENDMENT 77-1,
. AGRICULTURE PRESERVATION
(46) Council received copies of a report dated April 6, 1977, from
the Director of Planning forwarding a proposed Resolution
for approval of General Plan Amendment 77-1 as directed by
Council on March 16, 1977. The Public Hearing was previously
continued to allow for the 30 -day review period for the
Environmental Impact Report.
Public Hearing:
Notice of Pu ic Hearing and continuation thereof having been
given as required by law, Mayor Heckscher declared the Public
Hearing open on General Plan Amendment 77-1, the designation
of approximately 230 acres of land for permanent agricultural
use in the Open Space and Conservation Element of the General
Plan and as shown on the Composite Land Use Map. Specific
farmlands to be,preserved are shown as "Agri -business."
The following persons addressed the Council in favor of the
proposed Amendment:
1. Bruce Church, President, San Juan Alliance of
.Homeowners.
There being nonone else wishing to address the Council, Mayor
Heckscher declared the Public Hearing closed with the right
to re -open at any time.
Environmental Impact Report:
It was moved by Councilman Nash and seconded by Councilman
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n
Friess to find that the Environmental Impact Report
prepared for General Plan Amendment 77-1 is adequate and
note that the EIR has been submitted for information only
and that its acceptance is not be to construed as con-
currence with all data provided within it or as being
favorable or unfavorable to the project'. The motion
carried by the following vote:
AYES: Councilmen Friess, Nash, and Mayor Heckscher
NOES: Councilmen Sweeney and -McDowell
ABSENT: None
General Plan Amendment 77-1:
Councilman Sweeney cited his opposition to the proposed
Amendment and suggested that it be referred back to the
Agriculture Preservation Committee for appropriate ways
and means for cost and funding alternatives, including the
California Open Space Maintenance Act which includes
agricultural land in its definition.
It was moved by Councilman Nash and seconded by Councilman
Friess that the following Resolution, being:
ION NO. 77-4-6-1, GENERAL PLAN AMENDMENT
4 # —� k�ulv A �U�x vi�� ��11 / — � Ll��U�u I a U11 UX
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 77-1
(AGRICULTURE PRESERVATION)
be adopted. The motion carried by the following vote:
AYES:' Councilmen Friess, Nash, and Mayor Heckscher
NOES: Councilmen Sweeney and McDowell
ABSENT: None
ORDINANCES
1. TENTATIVE TRACT 9578 (MOGAN) AND
ORDINANCE No. 318 (ADOTTI-ION)
(21) Council received copies of a report dated April 6, 1977, from
the Director of Planning regarding Tentative Tract 9578, a
proposed subdivision of approximately 16 acres into 32 resi-
dential lots consistent with Prezone 76-13, which was
approved by the City Council on February 16, 1977. The
,parcel is located at the southeasterly terminus of Via
Escolar adjacent to the City's northerly City limits. The
applicant is R. F. Mogan, 267 Tigertail Road, Los Angeles.
The Planning Commission, at their meeting of March 22, 1977,
recommended approval of the Tract subject to conditions.
Frontage variances were allowed for three lots in order to
avoid substantial grading; the deep ravine in the center
of the property will remain in its natural state; equestrian
uses will not be allowed due to the RS zoning; standard
street dedication was modified to a special local standard
with full curb and gutter and sidewalk on one side only;
there is no requirement that a homeowners association be
formed.
Mayor Heckscher noted that many homeowners are of the opinion
that tract CC&Rs do not protect them and suggested an
additional condition of approval for review.of such CC&Rs
by the City. Mayor Heckscher also suggested that a condition
be added to allow review of such standards as garages fronting
streets and that these conditions be applied to all mass-
produced tracts containing more than five residences.
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61
Since Ordinance No. 314 (Residential Growth Management)
does not specifically address the issue of phasing of
subdivision construction for projects to be annexed to
the City, the Planning Commission has recommended study
of the inclusion of such projects in the City's Growth
Management System. A condition of approval requires that
no building permits be issued prior to January 1, 1978,
if the property is annexed to the City. Councilman
Friess suggested that a policy statement be formulated prior
to 1978 dealing with annexations and residential allocations.
-Approval o� Tentative Tract Map 9578:
It was moved by Councilman Friess, ETeconded by Mayor Heckscher
and unanimously carried to approve Tentative Tract Map 9578
subject to the conditions recommended by the Planning
Commission and with an additional condition regarding site
plan review should such parcel be considered as a small
tract and in the event that it is not a landsale develop-
ment; composite plans will be required; and, an opportunity
for the City to review the CC&Rs will be required.
Annexation Policy:
W -H �te �consensus of the Council, Mayor Heckscher directed
that the matter of developing a policy on annexations as
they relate to the Growth Management System be referred to
the Planning Commission for recommendation to the City Council
within 60 days or less.
Approval of Prazone 76-13:
The City Attorney read title of the -Ordinance next in
order. It was moved by Councilman McDowell and seconded by
Councilman Friess that the following Ordinance, being:
ORDINANCE NO. 318, PREZONE 76-13 (MOGAN) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING PREZONE 76-13 FROM A-1
(GENERAL AGRICULTURE, ORANGE COUNTY DESIGNATION)
TO RS (SINGLE FAMILY) AND 70 -RS (20,000) FOR
APPROXIMATELY 16+ ACRES LOCATED WITHIN THE CITY'S
SPHERE OF INFLUENCE
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:02 P.M. and reconvened at 9:20 P.M.
CONSENT CALENDAR
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the staff recommendations be accepted with regard to
the Consent Calendar items listed below. The motion carried by
the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash, and
Mayor Heckscher
NOES: None
ABSENT: None
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1. APPROVAL OF WARRANTS
(41) The List of Demands dated April 6, 1977, Warrants Nos. 9401
through 9508, and 1911 Act Account Warrant No. 0200, in the
total amount of $321,327.25 are approved as submitted.
2. DIVISION OF LAND 74-4, ACCEPTANCE OF
BONDS MR PUBLIC I MP ROVE -NIURTT-TULETENN)
(85) Faithful Performance Bond No. 9025336 and Labor & Materials
Bond No. 9025336 with Fidelity and Deposit Company of
Maryland in the amount of $6,600 submitted by Roland Olsen
are accepted to insure completion of public improvements for
Division of Land 74-4. The improvements include sidewalk,
curb and gutter, and minor work in conjunction with the
commercl-al development of property located at 32001 Del
Obispo Street to be known as Plaza de Prosperidad, an office
and financial complex.
3. TRACT NO. 9182
QUITCLAIM OF CITY EASEMENTS (GLENDALE FEDERAL)
(85) The quitclaim of the following easement deeds for property
no longer required by the City is approved: (1) deed
recorded November 17, 1964, on Lots B and C, Tract 5513,
for sewers, storm drains, and public utilities; and (2)
deed recorded June 30, 1976, on portion of Lot 15, Tract
5513, for storm drain and incidental purposes. The quit-
claims relate to the approval of Tract 9182 located on San
Juan Creek Road. The developer is Glendale Federal Savings
& Loan Association.
4. TRAFFIC SIGNAL, DEL OBISPO/PASEO ADELANTO -
ION
(82) The contract for the traffic signal modification at Del Obispo
Street and Paseo Adelanto is awarded to Galland Electric
Corporation of Anaheim in the amount of $12,900 and all other
bids received are rejected. The existing temporary §pan
wire signal will be replaced with new vehicle signal indicators
and new pedestrian signal heads with push buttons. Funds
are allocated in the 1976-77 Capital Projects budget, Gas
Tax Fund 2106.
5. AERIAL PHOTOGRAPHY SERVICES, TRAFFIC CONTROL DEVICES -
FINAL REPOR AND NOTICE OF COMPLETION
(ROBERT BEIN, WILLIAM FROST AND ASSO-CIATES)
(87) The following Resolution is adopted:
RESOLUTION NO. 77-4-6-2, COMPLETION OF PHOTOGRAPHIC
AERIAL SERVICES - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY -OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR PHOTOGRAPHIC AERIAL SERVICES
Current payment status is as follows:
Total Project Costs $5y572.60
Less 10% Retention 557�26
Total Due to Date 5,015.34
Previous Progress Payment -0-
Final Progress Payment $5,015.34
The Resolution accepts the work and directs that a Notice of
Completion be filed with the Orange CountyRecorder, and
determines that the total project cost is $5,572.60. Staff
is directed to release payment to Robert Bein, William Frost
and Associates in the amount of $557.26 upon the expiration
of 35 days from the filing of the Notice of Completion. The
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17
City will be totally reimbursed for the contract by grant
funds from the Office of Traffic Safety.
6. APPROVAL OF FINAL TRACT MAP 9182
ASSOCIATION
(85) The Final Map for Tract 9182 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 is authorized
to e,--ecute the Agreement on behalf of the City and the City
.Clerk to a'test thereto.
All required development fees have been paid, bonds for Faithful
Performance and Labor & Materials obtained, and all conditions
of approval met. The Tract is located on the east side of
San Juan Creek Road; the developer is Glendale Federal
Savings & Loan Association, 401 North Brand Avenue, Glendale
91209.
Later in the meeting, Councilman Nash requPsted a staff
report on the Agreement previously entered into between the
San Juan Hills Homeowners Association and Glendale Federal,
including the possibility of utilizing a performance bond
to install the agreed-upon improvements.
I
PLANNING COMMISSION
1. REPORT OF MEY,*INGS OF 3/15/77 AND 3/22/771
TENTWTIVE TRACT 9373 (PAT_ff_ICKT_ -
(67) This item was removed from the Consent Calendar by Councilman
Friess for separate consideration of the March 15th Commission
approval of Tentative Tract 9373 and provisions for equestrian
trails on the south and westerly sides of the development.
the existence of a drainage channel would cause the equestrian
trail to be within ten feet of proposed dwellings in some
locations; the developer's proposal that the channel be left
open to provide a natural stream as part of the property
.results in approximately 25% of the property being given over
to the channel. It was the consensus of the Council that
both the Engineering and Planning staffs provide further
information on the project; drainage and equestrian trail
problems are scheduled for further Planning Commission considera-
tion at their meeting of April 12, 1977. The Planning Commission
report is ordered received and filed.
TENTATIVE TRACT 7387
�_ZELLNER COMMIJNITIES , INC.
1. TREE REMOVAL PERMIT APPLICATION
(85) This item was removed from the Consent Calendar by Councilman
Nash for further consideration of the proposed tree removals
on Lots 28 and 31, Tract 7387. The report dated April 6,
1977, from the Director of Planning sets forth the history of
the proposed removal of a magnolia tree on Lot 31 and a pine
tree on Lot 28.
After discussion, it was moved by Councilman Nash, seconded
by Councilman Friess and unanimou,ly carried to confirm the
action of the Tree Inspector in issuing a tree removal permit
to allow for the removal of the magnolia tree on Lot 31 only,
with the following condition:
1. Additional landscaping will be required and will
include the following trees and shrubs:
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a. To be planted in Lot 27:
Platanus Racemosa- 3 15 gallon
2 3611 box
3 24" box
1 48" box
Raphiolepsis Springtime- 42 5 gallon
Agapahthus- 17 1 gallon
XylosmasenUcosa- 16 5 gallon
Pinus Canariensis- 6 24" box
b. To be planted at the project entryway at Village
Road and Rancho Viejo Road:
Specimen Trees- 4 36" box
C. To be planted in the park at the corner of
Laurelwood and Avocado Lane:
Specimen Tree -
1 3611 box
d. To be planted in the park at Aspen and Village
Road:
Specimen Trees- 2 3611 box
3 2411 box
With the consensus of the Council, Mayor Heckscher directed
that the Director of Planning report further on revisions to
the parcel -map in order to save the large pine tree on Lot.28.
SUBDIVISIONS AND ANNEXATIONS
1. PROPOSED POLICY STATEMENT
(69) With the consensus of Council, Mayor Heckscher directed that
a report be forthcoming on a policy statement for City review
of ByLaws, CC&Rs (codes, covenants and restrictions), and
composite site plan review for subdivisions. Council also
discussed proposed means for determining that commitments
for subdivision improvements are met after approval of tract
maps.
2. TENTATIVE PARCEL MAP FOR
DIVISION OF LAND__77_-2_FVERMEULEN)
(85) Council received copies of a report dated April 6, 1977, from
the Director of Planning forwarding the recommendation made
by the Planning Commission at its meeting of March 8, 1977,
that the Tentative Parcel Map for Division of Land 77-2 be
approved subject to certain conditions. The proposal is
for a subdivision of approximately 3 acres of land located
on.the west side of Del Obispo Street 1,000 feet southerly
of Calle Aspero into 3 EL (Large Estate) lots with variance
to the minimum lot size and street frontage. The developer
is Charles Vermeulen, 11591 Cielo Place, Santa Ana.
It was moved by Councilman McDowell, seconded by Councilman
Friess and unanimously carried to approve Division of Land
77-2 subject to the conditions contained in Planning Commission
Resolution No. PC 77-3-8-3.
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ADMINISTRATIVE ITEMS:
CITY MANAGER
1. R FOR BUSINESS LICENSE FOR
ESL 7_1;
PUMFOG URP06ES (THE_9_UX_=)
(26) Council received copies of a report dated April 6, 1977,
from Loretta Murray, Administrative Assistant, regarding the
request of The Sun Sign, 712 EastBalboa Boulevard, Balboa,
that the City issue a business license for astrology parposes
to be conducted at 31.952 Del Obispo Street in Alipaz Plaza.
The intention is that the business would include sale of
astrology books and gifts and undertake teaching and counsel-
ing; such ventures are prohibited by Ordinance No. 23.
Mayor Heckscher indicated that the request could be approved
if limited to the sale of books and the right to teach, with
teaching defined so that it is limited to a minimum of 5
individuals at one time; the right to counsel others would
be an area of concern since a one-to-one relationship is
implied; Section 3 of Ordinance 23 could be amended to allow
for the sale of books.
With the consensus of the Council, Mayor Heckscher referred
the matter to the City Manager for further report as soon as
possible, including revisions to the text of Ordinance No. 23.
DIRECTOR OF PLANNING
1. LIBRARY SITE
(52) Council received copies of a report dated April 6, 1977, from
the Director of Planning regarding the location of a new
branch library in the City. The County has budgeted the
amount of $562,000 for construction, but those funds may be
transferred to another project since the City has not taken
steps toward site acquisition. Past County policy has been
that cities provide the site and the County provides the
structure.. The City has commenced discussion with the
Capistrano Unified School District for acquisition of the
Capistrano High School site; the Civic Center Study Committee
has recommenced that the entire site be utilized as a civic
and community center, including library.
The City Manager advised that he has met with Dr. Thornsley,
School District Superintendent, and that discussions have
indicated that a joint School District -City -County Library
use of the site would be beneficial to all parties.
It was moved by Mayor Heckscher, seconded by Councilman
McDowell and unanimously carried to direct the Civic Center
Study Committee to pursue the library site acquisition
alternatives outlined in the staff report dated April 6, 1977;
and, to direct the Committee to return to Council as soon as
possible with a specific proposal for early site acquisition.
2. TRACTS 8087 AND 219 7
SLOPE LANDSCAPING TMEREDITH CANYON)
(85) Council received copies of a report dated April 6, 1977, from
the Director of Planning regarding slope landscaping in
Meredith Tracts 8087 and 8319, as directed on March 16th.
Staff inspection has ascertained that slope landscaping has
not been adequately implemented in accordance with the
condition of approval on the subdivision. The County has
been directed to withhold occupancy permits for approximately
65 dwelling units pending resolution of the landscaping
problems an the major slopes. Further occupancies will be
allowed upon satisfactory completion of the major slope
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10
landscaping provided that all new homeowners sign a release
form acknowledging that the small side slope landscaping is
to be completed after move -in. The release form will be
utilized in order to accommodate families who would suffer
hardship if occupancy were delayed, while assuring that
the City will require the developer to meet his obligations.
Discussion ensued and with the consensus of Council, Mayor
Heckscher directed that the City Attorney devise a method
whereby the City could deny occupancy permits until such
time as all conditions of approval have been completely met
by developers with consideration given to providing for
misdemeanor penalties if a sale is consumated prior to
fulfillment of commitments. A report is to be submitted for
the Council meeting of April 13, 1977.
DIRECTOR OF PUBLIC WOPKS/CITY ENGINEER
1. CALLE ASPERO RIGHT-OF-WAY
(83) Council received copies of a report dated April 6, 1977, from
the Director of Public Works regarding the status of acquisi-
tion of easement deeds along Calle.Aspero in order to
implement street improvements, as directed by Council on
April 7, 1976.
It was moved by Councilman McDowell and seconded by.Council-
man Sweeney that the following actions be taken:
1. Easement Deeds:
Staff is directed to continue working with Mr. John
Saunders for the right-of-way on his property in
conjunction with a lot split; the following five
Easement Deeds for right-of-way for Calle Aspero are
accepted from the parties listed:
(1) Mary Lou and Steven Drummy;
(2) Robert J. and Diantha E. Lyons;
(3) Joy Darlene Linzy;
(4) Kenneth W. and Elizabeth J. Smith;
(5) 'Raymond G.and Norma J. Leach.
2. Irrevocable Offer to Convey Easement:
The fol-l-owingResolution accepting the Irrevocable
Offer to Convey Easement from James and Judy Lee Riutcel
dated September 1, 1964, is adopted:
RESOLUTION NO. 77-4-6-3, RIGHT-OF-WAY FOR
CA_LL_E__A_S_P_ERO_- A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN OFFER FOR AN EASEMENT FOR STREET
AND HIGHWAY PURPOSES
3. Construction of Improvements:
Staff is directed to hold construction of the improvements
pending project funding after the complete right-of-way
for Calle Aspero is obtained.
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
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I I
COMMISSIONS, BOARDS, COMMITTEES:
LOS RIOS STEERING COMMITTEE
1. LOS RIOS PRECISE P AN PHASE III -
Pg
73DITIONAL WO BY ARROYO GROUP
(23) Council received copies of a report dated April 6, 1977,
from the Director of Planning forwarding the recommendation
of the Los Rios Steering Committee with regard to the status
of Phase III of the Los Rios Precise'Plan.
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to accept the Los Rios Steering
Committee recommendation to appropriate the expenditure of
a sum not to exceed $1500 for consulting services by the
Arroyo Group for the purpose of conducting workshops and for
time spent to provide information to the Los Rios community
on the Phase III Precise Plan recommendations. Partial
payment of $3,000 is authorized for completion of the Phase
III draft report, with the balance of $2595 to be paid upon
City Council acceptance of the final report.
COUNCIL REMARKS
1. STATUS OF TRAFFIC SIGNAL INSTALLATION -
DEL OBISPO STREET AT BLUE FIN 0RUIVER
(82) Councilman Nash inquired into the reasons for delay of the
installation of the traffic signal at the intersection of
Del Obispo Street and Blue Fin Drive. The Director of Public
Works advised that delivery of pole supplies has been unavoid-
ably delayed.
2. RESOLUTIONS OF COMMENDATION
(36) Councilman Nash recommended that Resolutions of Commendation
be prepared for resigning Parks and Recreation Commissioner
Jill Clark, Traffic and Transportation Commissioner Dorothy
Denham, and Architectural Board of Review Member Fran Frost.
3. - CITY BIRTHDAY
(34) Mayor Heckscher noted that the City's 16th birthday will occur
on April 19th and that a news release will be supplied to the
members of the press.
4. WATER CONSERVATION
(94) Mayor Heckscher requested that the members of the press advise
their readers that the City is very concerned about water
shortages and conservation measures. Councilman Nash suggested
that it may be appropriate to consider the Ordinance previously
transmitted by the Municipal Water District of Orange County.
5. INDUSTRIAL/COMMERCIAL INCENTIVES PROGRAM
(69) Council had previously received copies of a report dated
April 1, 1977, from the City Manager regarding a program for
commercial/industrial growth As directed by the City Council
on December 1, 1977. The goal of the program is the establish-
ment of an on-going program to identify and attract desirable
firms that will broaden the economic base of the community
and reduce fluctuations in employment without generating
high demands for public services or producing a negative
impact on the environment. The program would include an
effort to foster conditions for the health.and growth of
existing businesses located in the City. A program outline
was included with the report which schedules appointment of a
study committee for April 6th, with adoption of an ordinance
and full implementation of the program by December 21, 1977.
_11- 4/6/77
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The proposed composition of the committee is as follows:
One Member of the City Council
Two Members of the Chamber of Commerce
One representative with ecological ' interests
One representative of the Capistrano Unified School District
One member of the public at large
The Planning Director
Mayor Heckscher will serve as the City Council representative
on the Committee; the City Manager advised that Charle�:,
Maderos would serve --s the CUSD representative. Councilman
Sweeney inquired if the City Council would have an opportunity
to review committee appointments; Mayor Heckscher advised
that he would coordinate with Council Members and inform them
of those persons being considered for the committee prior to
their appointment. The first committee meeting is scheduled
for April 18ti.
CLAIMS AGAINST THE CITY
(GLENDALE FET-E77M7—
(35) Councilman Sweeney requested that a future staff presentation
be made on the background and status of the recent filing of
a lawsuit by Glendale Federal Savings & Loan, owner of
approximately 1,679 acres of land within the City.
COUNCIL ACTIONS
1. APPOINTMENT OF TRAFFIC AND TRANSPORTATION COMMISSIONER
(23) It was moved by Councilman Nash, seconded by Councilman
McDowell and unanimously carried that Dennis Johnson, 31071
Paseo Vale ' ncia, be appointed to fill a vacancy on the
Traffic and Transportation Commission.
Council will consider an appointment to fill one other vacancy
on the Commission at the adjourned meeting of April 13, 1977.
2. COMMISSIONS B ARD , AND COMMITTEES
P Y_2 I T§
EXPIRATION 0 T!�R IS
(23) Council received copies of a report dated April 6, 1977, from
the City Manager regarding City Board and Commission terms of
office. Ordinance No. 292 provides that all such terms
expire on March 30th of each year, but the incumbents continue
to serve until successors are named.
It was moved by Councilman McDowell, seconded by Mayor Heckscher
and unanimously carried to notify the incumbents that they are
requested to continue to serve until Council has had more
opportunity to review the performance of the incumbents and
the applications submitted by new applicants.
With the consensus of the Council, Mayor Heckscher directed
that the City Manager provide a report by May 4, 1977,
regarding incumbents' attendance at meetings.
ADJOURNMENT
There being no further business beforethe Council, the meeting was
adjourned at 11:30 P.M. to the next meeting date of Wednesday,
April 13, 1977, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
4/6/77