77-0504_CC_Minutes_Regular MeetingMAY 49 1977
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
7:11 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Dr. Milford L.
Baker, Capistrano Valley Baptist Church.
ROLL CALL PRESENT- Yvon 0. Heckscher, Mayor
Kenneth E. Friess, Mayor pro tem
Richard D. McDowell, Councilman
Douglas B. Nash, Councilman
John B. Sweeney, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works/City Engineer; Thomas
G. Merrell, Director of Planning; James S. Okazaki, City Attorney;
Mary Ann-Hanaver, City Clerk.
MINUTES
Adjourlied Regular Meeting of April 13, 1977: .
It was moved by Mayor Heckscher and seconded by Councilman Sweeney
that the Minutes of the Adjourned Regular Meeting of April 13, 1977,
be approved with the following amendments:
(1) Page 1, Proposed Ordinance to Enforce Conditions of Approval
in Subdivisions. Line 5, strike the words ". . . be in the
form of a conditional sales contract . . . It and insert 11 .
include certain contingencies in any sales contracts for new
residences . . . 11 1
(2) Page 2, Review of 1977-82 Preliminary Budget. Add the
following to the end of the second paragraph: t?. . . or,
objections could be.voiced during the 'Oral Communications'
period;" and, fourth paragraph, Line 5, change the word "after"
to "during,"
The -motion carried by the following vote:
AYES- Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT:- None
E2gul !Le2ting of April 20, 1977:
It iii��
s movea by Uouncliman eeney and seconded by Councilman
McDowell that the Minutes of the Regular Meeting of April 20,.1977,
be approved with the following amendments:
(1) Page 9, insert:
"CAMINO CAPISTRANO IMPROVEMENT DISTRICT
"Councilman Sweeney requested an update of meetings held regard-
ing the Camino Capistrano Improvement District. The Director
of Public Works advised that meetings had been held on April 19th
and April 20th and that three property owners from the east
side of the street and fifteen from the west side of the street
were in attendance. The Director of Planning advised that a
number of property owners had discussed their input with staff."
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(2) Page 9, Glendale Federal Undeveloped Property. Add the
following: 11. . . as of the day before the lawsuit was filed
in order to clarify the differences, since there had been no
prior public airing of those differences."
(3) Page 9, Commercial/Industrial Incentives Committee - Appointments.
,Insert as the first paragraph:
"Councilman Sweeney inquired if the nominations had come from
the Board of Directors of the Chamber. Mayor Heckscher replied
that they were coordinated with the Board of Directors; the
Chamber had submitted names of nominees and then it was deter-
mined which ropresentatives would be Pore suitable for this
particular committee."
The motion to approve the Minutes carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Ftiess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Mayor Heckscher
and unanimously carried that all Ordinances be read by title only.
ORAL COMMUNICATIONS
I- AEOUEST FOR APPROVAL OF PROFESSIONAL OFFICE
(23) Randy Williams, 29931 Camino Capistrano, addressed the Council
regarding his request for approval of use in the Los Rios Area
for professional offices.
2. 1977-82 PRELIMINARY BUDGET
(24) Marilyn Williams, representing the Capistrano Community Affairs
Council, addressed the Council regarding current budget dis-
cussions and presented copies of her letter outlining comments
with regard to interest income, legal services, salaries, and
development fees. -
WRITTEN COMMUNICATIONS
1. TRANSFER OF TITLE TO TREATMENT PLANT�
PROJECT COMMITTEE NO. 2 (SERRA)
(79) Council received copies of a letter dated April 6, 1977, from
Angus Smith, Chairman of the Board of Directors of SERRA,
regarding transfer of title to the Treatment Plant.
At the meeting of March 16th, the City Council had directed that
the Quitclaim Deed and Bill of Sale not be executed at that time;
Mx�-. Smith is requesting that the execution of those documents
be authorized.
The City Manager suggested that the matter be held over for
consideration at the next regular meeting; and, with the
consensus of the Council, Mayor Heckscher directed that a staff
report be submitted for the Council meeting of May 18, 1977.
2. REQUEST FOR APRROVAL OF PROFESSIONAL OFFICE USE,
LOS RIOS AREA (WILLIAMS)
X23) Council received copies of a letter dated April 20, 1977, from
William R. Williams, P.O. Box 297, requesting Council approval
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5
62W
nn M,
of a proposed professional office use.on Parcel 121-160-25
located along Del Obispo Street and within the Los Rios District.
The applicant is the Del Obispo Land Corporation.
The City Manager suggested that a report be submitted for
Council consideration at the next regular meeting.
Councilman Sweeney suggested that the report include the date
the Los Rios Study was started and the date it was designated
as a Precise Plan Area, and -cited Page 51 of the Land Use
Management Code regarding time limitations. With the con-
sehsus of the Council, Mayor Heekscher directed that a staff
report be prepared for the Council mecting of May 18, 1977,
said report to include the items suggested by Councilman Sweeney.
3. COUNCIL CORRESPONDENCE
It was the consensus of the Council that the following
correspondence be listed on the May 18th Agenda:
(62) 1. Letter dated April 21, 1977, from Capistrano Travel
regarding the City Recreation Program;
(34) 2. Letter dated April 29, 1977, from San Juan Financial
regarding construction and lease back of a community
center facility.
PUBLIC HEARINGS
1. LAND USE MANAGEMENT CODE -
AMENDMENTS TO LIST OF DETI—NITIONS
(55) Council received copies of a report dated May 4, 1977, from
the Director of Planning forwardink a set of definitions of
terms to be adopted as an -appendix to the Land Use Management
Code.
Public Hearing:
Notice haviiFg-been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in
the audience wished to address the Council. The following
persons responded:
(1) Jack Love, 33051 Calle Aviador, regarding tree removal
permits.
There being no one else wishing to address the Council, Mayor
Heckscher declared the Public Hearing closed.
Council members discussed the process involved in obtaining
tree removal permits and there was a general consensus that
proposed tree removals should be addressed at the tentative
parcel map stage. Councilman Sweeney suggested that the
tree section of the Land Use Management Code be set forth in
more positive terms in order to alleviate processing problems
for property owners.
Council members discussed the set of definitions proposed for
inclusion in the Land Use Management Code. Councilman Fri6ss
noted that there were no definitions included for building
permit, occupancy permit, or tree removal permit. Councilman
Sweeney suggested clarification of the following items:
Page 11, Mobilehome, should include a reference to boat trailer;
'Page 14, "R" District; Page 15, Schools, should include private
schools.
Index:
to—uncil members then discussed the possibility of utilizing the
set of definitions as a preliminary index for the Code, and
Mayor Heckscher directed that staff prepare an index for interim
use until the entire codification of City ordinances is complete.
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�.13 0-
Appj
TT w2�aI5 21 Code Amendment:
as v�d by Councilmail Sweeney and seconded by Councilman
rriess that the following Resolution be adopted; the set of
definitions is to be amended to include Council recommendations:
RESOLUTION NO. 77-5-1
EjlLU�A�p 11;E MANAGEMENT CODE
AMENDMENT 77-1 - A R TION 0 THE Lalj COUNCIL
OF THE CIT= SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING DEFINITIONS OF TERMS USED IN THE LAND USE
MANAGEMENT CODE
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
2. RELOCATION OF PRYOR HOUSE HISTORICAL
(23) Council received copies of a report dated May 4, 1977, from
the Director of Planning regarding the proposal of the San Juan
Capistrano Historical Society to relocate the Pryor House to
a parcel in the Los Rios District in the vicinity of Los Rios
Street/River Street/Mission Street. The building will be used
as Society headquarters, library, and museum. The Cultural
Heritage Commission recommended approval of the proposal at
its*meeting of April 5, 1977; the Planning Commission
recommended approval subject to conditions for on-site and
off-site improvements at its meeting of April 12, 1977.
Anne Schauwecker, President of the Society, addressed the
Council and advised that the building is scheduled to be moved
on August Ist, that funds are being raised for relocation and
renovation, and that maintenance of the facility will be the
.responsibility of the Society. Mayor Heckscher congratulated
Mrs. Schauwecker and the members of the Society for their
endeavors.
Public Hearing:
Notice havii7g--been given as required by law, Mayor Heckscher
declared the Public Hearing open on the proposed relocation of
the Pryor House Museum and inquired if anyone in the audience
wished to address the Council. There being no response, the
Public Hearing was declared closed:
Lppr ajogf Relocation:
It i2y
s v a by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to approve the relocation of the Pryor
House subject to the following conditions:
(1) The property owner shall enter into an agreement to
dedicate appropriate rights-of-way along Los Rios
and River Streets as required by the Los Rios Precise
Plan at such time as the Plan is adopted by the City.
(2) The applicant shall makeprovisions for temporary
on-site parking and circulation in a manner meeting the
approval of the Director of Planning until such time as
a parking scheme is developed in conjunction -with the
Los Rios Precise Plan.
(3) The property owner shall enter into an agreement to
participate in an improvement project at some future
date for the undergrounding of utilities on and
improvements to Los Rios Street in accordance with
requirements of the Los Rios Precise Plan.
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31
(4) All on-site utilities shall be undergrounded.
(5) All applicable fees shall be paid.
(6) The building shall meet all code requirements for
historic buildings as specified in Section 104-J of
the 1976 Uniform Building Code.as adopted by City
Council Resolution No. 77-2-2-3.
(7) The applicant shall provide site and landscaping plans
per City requirements; said plans to be submitted to
the Architectural Board of Review and Planning Commission
for approval.
(8) The.existing site shall be cleared of trash and residue
after moving of subject building and restored to a
natural condition.
ORDINANCES
1. REGULATING THE PRACTICE OF FORTUNE TELLING, ETC.
(26) Council received copies of a report dated April 20, 1977, from
Loretta Murray, Administrative Assistant, forwarding a revised
Ordinance to allow an individual or business to sell astrology -
related books and materials and to teach astrology under
certain restrictions, as directed by Council on April 6, 1977.
The Ordinances provides for the following amendments to
Ordinance No. 23:
1. Section 3 - The word "astrology" has been omitted.
2. Section 3 - The following wording has been added to
the'end of Section 3 as subsections A. B. and C:
A. Teaching of astrology shall be regulated in
the following manner:
1. Each class meeting shall have a minimum of
5 individuals enrolled and in attendance
at�each meeting during the session.
2. Private lessons whereby only one student
would be receiving instruction at one time
shall be strictly prohibited.
B. Counseling or prediction using astrological
calculations and/or methodologies shall be
prohibited, nor shall any fee, gift, donation
or reward be collected for such purposes.
C. Nothing contained herein shall prohibit the
selling of astrology books and related educational
material.
Introduction of Ordinance No. 320:
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 McDowell
and seconded by Councilman Sweeney that the following Ordinance
be introduced:
REGULATING FORTUNE TELLING AND SIMILAR PURSUITS AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REGULATING THE PRACTICE OR EXHIBITION OF THE BUSINESS OR
ART OF ASTROLOGY, PALMISTRY, PHRENOLOGY, -LIFE READING,
FORTUNE TELLING, AND SIMILAR PURSUITS; PROVIDING FOR
PENALTIES HEREUNDER AND REPEALING ORDINANCE NO. 23
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The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
2. ESTABLISHING CITY
(23) Council received copies of a report dated May 4, 1977, from
David DeBeauvais, Administrative Aide, forwarding a revised
Ordinance to provide for the establishment of an Equestrian
Commission and for revisions to effective dates, as directed
by Council on April 20, 1977. The Ordinance provides for the
following amendments to Ordinance No. 292:
1. A Section 5, Equestrian Commission Established, has
been added;
2. Section.l. Paragraph F,'Organization. Election of
Chairman and Vice -Chairman shall take place the
first regular meeting in May of each year.
3. Section 1, Paragraph I, Terms. The term of a Board
or Commission office shall expire on April 30 of the
designated expiration year.
Councilman Sweeney suggested that with regard to Section E,
Absence of Members, Board and Commission members who miss three
out of four meetings should submit their resignations unless the
absence is due to illness or extended vacation. Mayor Heckscher
stated tbat'ratber than automatic removal, it would be preferable
if the Section read, . . . may be deemed to have vacated his
office and that the determination of a vacancy be at the
discretion of the City Council." Mr. Sweeney also suggested
that the Parks and Recreation Commission be expanded to seven
members for more citizen involvement. Mayor Heckscher
suggested that any comments from the Parks Commission that the
workload could be more evenly distributed with seven members be
reviewed at a later date. Councilman Friess suggested that
wider representation on the Commission could be effectuated by
use of non-voting advisory groups and ad hoc committees.
Expansion of membership was referred to the Parks and Recreation,
Commission for comment.
Introduction of Ordinance No. 321:
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 Nash and seconded by
Councilman Friess that the following Ordinance be introduced;
ESTABLISHING CITY BOARDS AND COMMISSIONS - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CREATING
AND ESTABLISHING POWERS AND RESPONSIBILITIES FOR CITY
BOARDS AND COMMISSIONS AND REPEALING ORDINANCE NO. 292
The.motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell,.Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
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RESOLUTIONS
1. DEL OBISPO STREET
AVION IMPROVEMENTS -
33
(83) Council received copies of a report dated May 4, 1977, from
the Director of Planning regarding the County Road Department
improvement project involving the extension of Camino del
Avion westward from Del Obispo Street. Included are new curb
construction, traffic signal relocation, and road striping.
The project also involves the removal of two large eucalyptus
trees at the southwest corner of the intersection just outside
of the City limits.
Councilman Nash noted his concern about preservation of the
tree at the southeast corner of Del Obispo Street; the Director
of Public Works advised that the roadway cannot be shifted due
to the amount of grading, Mayor Heckscher directed that the
City's desire to preserve trees both within the City and within
sight of the City be brought to the County's attention, with
the preservation of the tree at the southeast corner of Del
Obispo and Camino del Avion optimized.
General Plan Conformity:
It was moved by Councilman Sweeney and seconded by Councilman
McDowell as follows:
(1) The proposed.County construction -project on Del Obispo
Street is in conformity with the City's General Plan;
(2) The restriping and signal relocation will not change
the present configuration of the roadway in terms of
General Plan parameters;
(3) The asphalt curb and'6-foot wide pedestrian/bikeway
will provide for the bikeway shown on Del Obispo Street
in the General Plan;
(4) The following Resolution is adopted:'
RESOLUTION NO. 77-5-4-2, DEL OBISPO STREET IMPROVEMENTS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JU
CAPISTRANO, CALIFORNIA, FINDING THAT PROPOSED ROADWAY
AND SIGNAL IMPROVEMENTS ON DEL OBISPO STREET ARE IN
CONFORMITY WITH THE CITY'S GENERAL PLAN
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
. and Mayor Heckscher
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. SUMMER DAY CAMP PROGRAM -
JOINT AGREEMENT WITH COUNTY OF ORANGE
(62) Council received copies'of a report dated May 4, 1977, from
Tom Baker, Recreation Coordinator, forwarding a proposed
Agreement for a City -County Summer Day Camp Program. The
Program would be self-sustaining with a fee of $19.50 per
participant. The City would provide counselors, program
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content, materials and supplies, publicity, and registration;
The County would provide program coordination, facilities,
transportation, and nature interpretation. The Program would
involve approximately 150 children in the 7 to 12 age bracket.
A 10 -minute slide presentation was made.
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried to approve the.City-County
Agreement for the Summer Day Camp Program, to authorize the
Mayor to execute the Agreement on behalf of the City and
the City Clerk to attpst thereto.
RECESS AND RECONVENE
Council recessed at 8:50 P.M. and reconvened at 9:09 P.M. I
CONSENT CALENDAR
It Was moved by Councilman Sweeney and seconded by Councilman
McDowell that the staff recommendations be accepted with regard to
the following items listed on the Consent Calendar. The motion
carried by the following vote -
AYES: Councilmen Sweeneyl McDDwellj Friess, Nash, and
Mayor Heckscher
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated May 4, 1:977, Warrants Nos. 9822
through 10029, inclusive, -in the total amount of $438,107.53
is approved as submitted.
2. REPORT OF PLANNING COMMISSION MEETING
OF APRIL 26, 1977
(67) 1 The report of actions taken by the Planning Commission at its
meeting of April 26, 1977, is approved as submitted.
3. PROCLAMATION -
A,TION WEEK
(61) The' week of May 8 through 14, 1977, is proclaimed as National
Historic Preservation Week in the City, and the Mayor is
authorized to sign the Proclamation on behalf of the City Council.
4. AWARD OF CONTRACT FOR CONSTRUCTION OF SEWER LINERL
UTCZQTnrJ VTT.T.ar.v. rr.KTV.14 (RnnnTNG-CT,EAN1NG MACHINES. I
W
(80) The bid submitted by Rodding -Cleaning Machines, Inc., of
Los Angeles in the amount of $6,735.00 is accepted for the
construction of the sanitary sewer liner in Mission Village
Shopping Center, and the Mayor is authorized to execute the
contract on behalf of the City and the City Clerk to attest
thereto.
5. WAIVER OF UTILITY
(90) The request received from Henry Matson for a waiver of the
requirement to underground existing utility lines in connection
with the construction of a residence at 31371 El Horno Street
is approved.
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6.
35
(85) The Easement Deed from Charles T. Smith to the City dated
April 28, 1977, for dedication of development rights over
the northerly 2001 of Tentative Tract 8495 is accepted. The
Deed is for the purpose of insuring that construction does
not violate the City's ridgeline protection policy. The
property is located at the southern City limits.
7. ACCEPTANCE OF SURETY DEVICE FOR FUTURE
PUBLIC IMPROVEMENTS (GARRETTT
(83) The Certificate of Deposit No. 260 dated April 18, 1977,
Capistrano National Bank, from Bill R and Jean E. Garrett
in the amount of $7,500 is accepted in lieu of construction
of street improvements on Del Obispo Street in conjunction
with the construction of a residence -on the lot adjacent to
and north of Tract 9299.
8. REGIONAL CRIMINAL JUSTICE TRAINING CENTER
(70) The following Resolution is adopted:
XnAlAIIIA3 - A nILDULUKIVIN Ur KnL UiTy %.;UUNUI
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SUPPORTING A FEDERAL GRANT TO LOCATE AND PLAN A.
REGIONAL CRIMINAL JUSTICE TRAINING CENTER WITHIN
THE COUNTY OF ORANGE AND.BUDGETING FUNDS THEREFOR
The share to be paid by the City based on population is $76.42.
.The following reports were removed from the Consent Calendar for
separate action:
1. ACKNOWLEDGMENT OF' AGREEMENT FOR LEASE OF
(79) Council received copies of a report dated May 4, 1977,.from
the Director of Public Works advising that the Joint Exercise
of Powers Agreement Creating SERRA contains a condition that
capacity rights may not be reallocated, sold, leased or
assigned without written consent of all participating members
in said project. The recommendation is that the City consent
to three wastewater capacity -lease agreements between the
Santa Margarita Water District and (1) the City of San Juan
Capistrano, (2) the Dana Point Sanitary District, and (3) the
Moulton Niguel Water District. The capacity lease agreements
will terminate when the new inland SERRA facilities are in
operation and will have no effect on the City's capacity rights.
Councilmen Sweeney and McDowell voiced their objection to -the
recommendation.
It was moved by Councilman Nash and seconded by Councilman
Friess to authorize the Director of Public Works, on behalf of
the.City, to give written consent to the SERRA Board for the
acknowledgment of the three agreements. The motion carried by
the following vote:
AYES: Councilmen Friess., Nash, and Mayor Heckscher
NOES: Councilmen Sweeney and McDowell
ABSENT: None
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M
2. COMMISSIONS AND BOARDS -
'REPORT ON ATTENDANCE OF MEMBERS
(23) Council received copies of a report dated May 4, 1977, from
the City manager forwarding attendance reports for the last
year for all Commissioners and Board Members., as requested
by Council.
After discussion, it was moved by Councilman Nashq seconded
by Councilman Friess and unanimously carried to receive and
f i le the report.
Councilman Sweeney suggested that in crder to monitor absences
on a formal basis, quarterly reports should be submitted. With
the consensus of the Council, Mayor Heckscher directed that the
City Manager provide such quarterly reports to the Council.
3. REPORT ON WEED ABATEMENT
ADJACENT TO AGRICULTURE AREAS
(74) Council received copies of a report dated May 4, 1977, from
the City Manager regarding weed abatement procedures pursuant
to Ordinance No. 287. In response to Mayor Heckscher, the
City Manager advised that a further report including possible
insecticide spraying techniques would be submitted for Council
consideration on May 18, 1977.
4. IMPROVEMENT OF CAMINO CAPISTRANO
(83) Council received copies of a report dated May 4, 1977, from
the Director of Public Works regarding the bond and agreement
entered into by Maurice and Hazel Koeberle on May 7, 1975, as
a condition of approval of the construction of a commercial
building at 32122 Camino Capistrano. The Agreement deferred
the installation of public improvements to Camino Capistrano
until May 7, 1977. The property has been sold to Rem -Tempo
Temporary Services, Inc., and the new owners, Robert E. and
Elsa M. McDonough, have not signed a new agreement providing,
for an extension of the -original terms.
it was moved by Councilman Sweeney and seconded by Councilman
Nash to direct staff to call the existing bond in the Amount
of $3,600. The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash, and
Mayor Heckscher
NOES: Councilman McDowell
ABSENT: None
Councilman McDowell stated that his vote is in the negative
since he objects to the property owners paying for the improve-
ments to Camino Capistrano rather than funds being provided
from gas tax funds.
SUBDIVISIONS AND ANNEXATIONS
1. TENTATIVE TRACT 9795 (LOVE/DUQUE)
(85) Council received copies of a report dated May 4, 1977, from
the Director of Planning forwarding the recommendation made
by the Planning Commission at its meeting of April 12, 1977,
that Tentative Tract 9795 be approved subject to certain
conditions. Condition 15 provides for the creation of a
homeowners association for maintenance purposes and architectural
control. The proposal is for a subdivision of approximately
11.5 acres of land located on the west side of Aguacate Road
opposite Calle Roberto into 11 EL (Large Estate) lots. The
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developer is Jack Love, 33051 Calle Aviador, San Juan
Capistrano. 37
The Director of Planning advised that amendments to Conditions
3 and 12 of the Planning Commission Resolution are reflected
in the Planning Commission minutes. Mayor Heckscher suggested
that a set of criteria be developed for the establishment of
homeowners associations. It was noted that the future sewer
would benefit off-site residents only, the majority outside
of the City, and that an easement for equestrian purposes is
not included. The Director of Planning noted that the developer
will coordinate the equestrian trail system with Planning and
Engineering staff prior to Council coftsideration of the final
map.
It was moved by Councilman Nash, seconded by Councilman
McDowell and unanimously carried to approve Tentative Tract
Map 9795, subject to the findings and conditions specified
in Planning Commission Resolution No.- 77-4-12- 1, as amended.
2. TENTATIVE TRACT 9204 (ERICKSON)
(85) Council received colpies of a report dated May 4, 1977, from
the Director of Planning forwarding the recommendation made
by the Planning Commission at its meeting of April 12, 1977,
that Tentative Tract -9204 be approved subject to certain
conditions. The proposal is for a subdivision of approximately
4.92 acres of land located on the south side of Ortega Highway
westerly of San Juan Creek Stables into 12 residential and 1
common equestrian lot. The developer is Leif T. Erickson,
19052 Lamplighter Lane, Yorba Linda.
Mel Rosenbaum, owner of adjacent property to the east, addressed
the Council in opposition to the location of Calle "A" and
requested that the item be tabled until problems are resolved.
The applicant, Leif Erickson, advised that the alignment is.to
provide a private street without abrupt cul-de-sacs. Council
discussed possible interim access to the property. The City
Manager suggested that fence construction along Calle "A" be
included.
It was moved by Councilman Friess and seconded by Councilman
Nash to approve the Revised Tentative Tract Map 9204 subject to
the findings and conditions specified in Planning Commission
Resolution No. 77-4-12- 21 with the additional condition that
a fence be constructed and installed along the westerly border
of Calle "All from the Ortega Highway to the southeast corner of
the Rosenbaum property; the precise location of the fence,
satisfactory to the abutting property owner and the City
Engineer, shall be determined prior to approval of the final
tract map; height and type of fencing shall be approved by the
Director of Planning prior to installation. The motion carried
by unanimous vote.
3. T ENT ATIVE TRACT 9794 (LOVE/DUQUE)
Mr. Jack Love requested an opportunity to address the Council
regarding Tract 9795. Mayor Heckscher requested that any
comments be put in writing for Council consideration, since the
Tentative Tract'had been approved earlier in the meeting.
CITY MANAGER
1. REVIEN OF GLENDALE FEDERAL UNDEVELOPED PROPERTY
(35) The City Manager made an oral report of the chronology of
-events with regard to the 1679 acres of undeveloped land
owned by Glendale Federal Savings and Loan Association from
acquisition of the property on August 10, 1071, through
filing of an $11 million lawsuit against the City on March 22,
1977.
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38
CITY ATTORNEY
1. CONSTITUTIONAL CHALLENGE TO THE FEDERAL
UK—EMPLOYMENT COMPENSATION TAX ACT OF 1976
(86) Council received copies of a report dated May 4, 1977, from
the City Manager forwarding a report dated April 26, 1977,
from the City Attorney regarding Public Law No. 94-566 which
will go into effect on January 1, 1978, and requires states,
counties, and cities to pay a Federal ' tax to provide for
unemployment benefits. The proposed tax would amount to
3.4% of the payroll fo2 each employee, or approximately
$19,000 - $24,000 per year for the City. The National Insti-
tute of Municipal Law Officers is accumulating a fund to
litigate the constitutionality of the Act, and Cities are
requested to contribute to the fund based on population. The
City's share is listed at $2,500.
Forwarded also was an Agreement to'participate and a
,litigation trust fund schedule of participation. Mayor
Heckscher noted'that the schedule did not appear to represent
an equitable distribution in that smaller cities are requested
to pay a larger percentage share than the larger agencies.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to approve the City's partici-
pation in the constitutional challenge to the Federal
Unemployment Compensation Tax Act of 1976. The City Attorney
is directed to negotiate with NIMLO the amount the City is
required to contribute to the fund.
DIRECTOR OF PLANNING
1. INITIATION.OF GENERAL PLAN AMENDMENT 77-2,
MCULATION ELEMENT
(46) Council received copies of a report dated May 4, 1977, from
the Director of Planning forwarding a memorandum dated
April 26, 1977, from George Alvarez, Secretary to the Traffic
and Transportation Commission. The Commission has reviewed
the Circulation Element of the General Plan and recommends
that an Amendment be initiated to refine roadway configurations
and identify right-of-way features such as bike lanes, medians,
etc. It is necessary for the City Council to initiate an
amendment so that Public Hearings may be held by the Planning
Commission.
It was moved by Councilman Nash, seconded by Councilman Friess
and unanimously carried to initiate General Plan Amendment 77-2
for consideration of amendments to the Circulation Element.
COUNCIL REMARKS
1. RESOLUTION OF COMMENDATION
(29) Councilman Friess requested that a Resolution be prepared for
the meeting of May 18th commending Maggie Olsen in recognition
of her service as Manager of the Chamber of Commerce. Mrs.
Olsen has resigned her position effective May 1, 1977.
2. COMMERCIAL/INDUSTRIAL INCENTIVES COMMITTEE
6TATUS KEPOKF
(23) Mayor Heckscher advised that members of the Commercial/
.Industrial Incentives Committee had met and established their
goals and indicated enthusiasm for the eventual installation
of a central mall. Sub -committees have been formed to research
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sources outside of the City, to canvass local businesses
for ideas, and to address the impact of such a program on
the average citizen. Minutes and reports will be distributed
to Council members. Councilman Sweeney suggested that there
should be a focus on the impact of tourism within the City.
Mayor Heckscher advised that areas of criteria are (1)
responding to citizen needs, (2) providing a -boost to employ-
ment of residents of the City, and (3) the impact of
commercial activity upon the City's revenues.
RECESS AND RECONVENE
Council recessed to Executive Session at 10:45 P.M. for the purpose
of discussing legal and personnel matters and reconvened at 11:20 P.M.
COUNCIL ACTIONS
1. PARKS AND RECREATION COMMISSION VACANCY
(62) Council received copies of a report dated May 4, 1977, from
E. Patricia Hector, City Manager's Secretary, forwarding
copies of applications received for the existing vacancy on
the Parks and Recreation Commission. Council noted the
number of interested.and worthy applicants. Councilman
McDowell nominated MacLaren David Peace; Councilman Friess
nominated Linda Dunn; Mayor Heckscher nominated Virginia
Coupe. It was the consensus of the Council that the -City
Manager contact those three applicants and invite them to
attend the Adjourned Council Meeting of May 25, 1977, for
discussion and interview.
2. APPOINTMENT TO THE ARCHITECTURAL BOARD OF REVIEW
(23) Council received copies of a report dated May 4, 1977, from
E. Patricia'Hector, City Manager's Secretary, forwarding
copies of applications received for the existing vacancy on
the Architectural Board of Review.
It was moved by Councilman Nash that Wayne E. Penny, Jr.,
31398 Los Rios Street, be nominated to the Architectural Board
of Review; and, there being no further nominations, Councilman
Sweeney seconded and the motion carried unanimously.
COUNCIL REMARKS (CONTINUED)
1. INFORMATION SHEET FOR BUSINESS INTERESTS
(34) Councilman Sweeney provided copies of an information sheet
entitled "What You Should Know Before Opening a Business"
obtained from the City of Vail, Colorado, and suggested
use of a similar format in order to assist business interests
wishing to locate in the City. Mayor Heckscher advised that
the Commercial/Industrial Committee has discussed providing
this type of information and suggested that it could be a
service of the Chamber of Commerce.
CHAMBER OF COMMERCE
1i REQUEST FOR CITY COUNCIL AGENDA MATERIALS
(32) Council received copies of a report dated May 4, 1977, from
the City Clerk forwarding a request from the Chamber of
Commerce for receipt of City Council Agenda packets on a
regular basis.
It was moved by Councilman McDowell, seconded by Councilman
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Sweeney and unanimously carried t
and the City Clerk authorized to
City Council Agenda packet to the
regular basis, with the customary
ADJOURNMENT
hat the request be approved
provide one copy of each
Chamber of Commerce on a
charges waived.
There being no further business before the Council, the meeting
was adjourned at 11:37 P.M. to the next meeting date of Wednesday,
May 11, 1977, at 7:00 P.M. in the City Council Chamber for
continued budget discussion.
ATTEST:
Respectfully submitted,
MARY ANN 7 OVER"
CIT CLERK
�CKCHE�RM Y 5R��
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