77-0518_CC_Minutes_Regular MeetingMAY 18, 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
7:17 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation Was given by Father Martin,
Old Mission 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 Hanover,
City Clerk.
MINUTES
jqjo dv�R Meeting of April 27, 1977:
t Ning pular
by Counciiman Sweeney aFd seconded by Councilman
McDowell that the Minutes of the Adjourned Regular Meeting of
April 27, 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
E
17gulymMe ting of May 4, 1977:
Wi Tv;a by Counclimin —Sweeney and seconded by Councilman Nash
that the Minutes of the Regular Meeting of May 4, 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 Nash, seconded by Councilman McDowell
and unanimously carried that all ordinances be read by title only.
ORAL COMMUNICATIONS
I .
FOR APPROVAL OF
USE
(23) Randy Williams, 29931 Camino Capistrano, addressed the Council
regarding his request for approval of use in the Los Rios Area
for professional offices and presented a letter dated May 16,
1977.
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2. COMPLAINT OF LOW-FLYING AIRCRAFT, 5
MISSION 9ELL TRACT (WARDT
(88) Tim Ward, 33162 Via Mayor, addressed the Council regarding
an incident of a low-flying aircraft which occurred on
March 12, 1977, and was referred to the FAA. Mayor Heckscher
.requested that the City Manager and City Attorney discuss
the matter with the District Attorney to ascertain any specific
problems in prosecuting this type of offence, A report is to
be submitted at the meeting of June 1, 1977.
3. DEL OBISPO STREET/CAMINO DEL AvION -
STREET IMPROVEMENTS/TREE REMOVAL (KOFFLER)
183) Jackie Koffler, 32741 Del Obispo Street, addressed the Council
regarding the eucalyptus trees at the intersection of Del
Obispo Street and Camino del Avion just outside of the City
limits, as discussed by Council at the meeting of May 4, 1977.
The County's street improvement plans include the removal of
the two trees. Mayor Heckscher suggested that Ms. Koffler
discuss the matter with City staff.
WRITTEN COMMUNICATIONS
1. PROPOSAL FOR CONSTRUCTION OF CITY FACILITY
AND LEASE PROVISIONS (SAN JUAN FININC—I-717—
(34) Council received copies of a letter dated April 29, 1977, from
Clifford D. Cooper of San Juan Financial indicating interest
in building a facility to meet the City's municipal office
needs with short term lease provisions. With the consensus
of the Council, Mayor Heckscher referred the proposal to staff
for study and report to the Civic Center Committee.
PUBLIC HEARINGS
1. PROPOSED STREET LIGHT REMOVAL -
60 -DAY TEST PERIOD
(53) Council received copies of a report dated May 18, 1977, from
George Alvarez, Secretary to the Traffic and Transportation
Commission, forwarding the recommendation made by the Commission
at its meeting of April 28, 1977, that 18 street lights
within 3 study zones be de -energized for a 60 -day test period.
The Council had directed that a feasibility study be made on
the removal of street lights in order to conserve energy, reduce
financial impacts, and improve the aesthetics of the community.
Public Hearing:
Notive having 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. There being no
response, the Public Hearing was declared closed.
The Director of Public Works advised that the appraisal
procedure includes the test period, notice of result from the
Traffic Commission, and recommendation to the City Council,
and an additional Public Hearing to determine whether lights
should be permanently de -energized or light standards removed.
j.pp;2ya,1_2f 60 -day Test Period:
as oviia by Councilman'gweeney, seconded by Councilman
Nash and unanimously carried to approve the de -energizing of
the following street lights for the 60 -day test period:
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461�1
Street
Rancho Viejo Road
Mission Hills Drive
Location
Junipero Serra to
southerly terminus
Rancho Viejo Road
easterly to end of
median
No. of Lights to
be De -energized
N
R3
Alipaz Street Calle Jardin to
7001 northerly 6
2. CAMINO CAPISTRANO IMPROVEMENT PROJECT
(83) Council received copies of a report dated May 18, 1977, from
the Director of Planning forwarding the recommendation made
by the Planning Commission at its May 10, 1977, meeting
regarding the pr -)posed improvement project for Camino Capistrano
from Del Obispo Street to Avenida Padre. improvements include
roadway widening, storm drain, parking improvements, utility
undergrounding, and median construction. The formation of an
assessment district is proposed to cover a portion of the costs
of improvements to the east side of the street. A utility
undergrounding district would also be formed. Larry Lawrence,
Associate Planner, presented an oral review of the project.
Costs and funding are proposed as follows:
Costs: I
Street Improvements $293,000
Frontage Parking Improvements 22,000
Total $315,000
Funding:
City and County:
.AHFP $ 70,000
Gas Tax 100,000
Drainage Fund 76,000
TT416, 0-0 0
Property Owner Assessment:
Street Improvements $ 47,000
Frontage Parking
Improvements 22,000
$ 69,000
Total $315,000
The $69,000 property owner assessment would result in a cost
of approximately $60 per front foot of property on the east side
of Del Obispo Street.
Public Hearing:
Notice haviFg--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 in favor of the project.
The following persons responded:
1. Sharon Knoth, Johnston Properties, representing
Mission Village Shopping Center, revarding curbside
0
parking, driveway revisions, and landscaping.
The following persons also responded:
1. Robert McDonough, property owner at 32122 Camino
Capistrano, regarding expansion of funding to
include owners on the west side of Del Obispo
Street and the entire City.
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47
There being no one else wishing to address the Council, Mayor
Heckscher declared the Public Hearing closed.
Council Mambers and staff discussed the proposed project, and
the City Manager clarified that authorization is requested at
this time to proceed with preparation of plans and specifications;
further public hearings will be held to determine the spread
of costs. Councilman McDowell stated that property owners.
should not have to bear the costs of improvements.
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried that the following actions be authorized:
1. Initiation of the Car"ino Capistrano Improvement Project,
including the following design elements: I
a. Raised median from Del Obispo Street to
Avenida Golondrina.
b. Consolidation of existing two Mission Village Center
driveways on either side of Avenida Golondrina to
one entry opposite Avenida Golondrina; left turns to
be provided for entry to and exit from that entry.
C. Construction of parking improvements on the east
side frontage road, incorporating 900 parking,
two-way flow and parkway strips separating the
parking area from Camino Capistrano.
d. Roadway widening.
e. Storm drain,
f. Utility undergrounding.
2. Initiation of a preliminary investigation for formation
of special assessment and utility undergrounding districts
to include:
a. Preparation of a boundary map.
b. Determination of needed right-of-way acquisition.
C. Prepartion of list of property owners.
d. Definition of scope of work.
e. Recommended candidate firms for project engineer
and attorney.
f. Other preliminary maps and investigations, as required.
3. Upon completion of the items listed in No. 2 above, staff
is directed to return to Council for authorization to
proceed with:
a. Preparation of plans and specifications.
b. Initiation of special assessment and undergrounding
districts.
ORDINANCES
1. ORDINANCE NO. 320 REGULATING THE PRACTICE OF
FORTUNE TELLING, ETC. AND REPEALING ORDINANC�E NO. 23
"WOPTION)
(26) Council received copies of the proposed Ordinance No. 320, as
introduced at the meeting of May 4, 1977. Copies of a letter
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AM
received on May 16th from the Sun Sign requesting further
amendments to the Ordinance were also provided.
Ad o rdinance No. 320:
r
C12
ty 7ift2
orney reaa 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 adopted:
ORDINANCE NO. 320, REGULATING FORTUNE TELLING
IN—D SIMILAR PURSUITS - AN ORDINANCE OF T-H-F-T-ITY
OF SAN JUAN CAPISTRA 0, 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
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
2. ORDINANCE NO. 321 ESTABLISHING CITY BOARDS AND
(23) Council received copies of the proposed Ordinance No. 321,
as introduced at the meeting of May 4, 1977. Councilman
Sweeney suggested that Paragraph E of Section 1, Absence of
Members, be amended so that notice of an excused absence is
submitted to the Mayor, Mayor pro tem, or City Manager, rather
than to the Board or Commission Secretary. Mayor Heckscher
suggested that any further amendments to the Ordinance be
considered at a later date.
Adop� o rdinance No. 321:
55 C12n
ty 7if t2
T orney reau tne 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 adopted:
ORDINANCE NO. 321, ESTABLISHING CITY BOARDS
AND COMMISSIONS - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPT-S-TRANO, 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
3. PROPOSED ORDINANCE REQUIRING DISCLOSURE OF
INFORMATION RE CONDITIONS OF APPROWE —FOR SUBDIVISIONS
(85) Council received copies of a draft ordinance from the City
Attorney providing for a warning to buyers within residential
subdivisions with regard to conditions of approval imposed by
the City. With the consensus of the Council, Mayor Heckscher
directed that the ordinance be revised and returned to Council
at the meeting of June 1, 1977.
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BIDS, CONTRACTS, AGREEMENTS 4 9
1. PROPOSED LAND USE COST/REVENUE MODEL
(68) Council received copies of a report dated May 18, 1977, from
the Assistant City Manager and Director of Planning forwarding
a proposed Statement of Agreement and report entitled "Land
Use Fiscal Impact Model" from Ultrasystems, Inc., of Irvine,
California, for the development of a cost/revenue data base
and methodology for use in the City's Growth Management Program
and in the economic evaluation of land use alternatives. A
framework would be provided for measurement of the fiscal
impact of new development on the City's General Fund by calcu--
lating direct and indirect cost impacts for comparison with
revenues generated. The computer software and fiscal impact
model formulas have been fully developed by a consortium of
North Orange County jurisdications using Federal grant funds.
The contract cost is $6,500 including $500 for computer time,
costs of report preparation, professional services, and
training of City staff.
Councilman Sweeney requested an opportunity to contact the
cities of Anaheim and Orange in order to ascertain that the
City has the in-house capability of utilizing the system with
existing staff. With the consensus of the Council, Mayor
Reckscher directed that further consideration of the proposal
be continued to the meeting of June 1, 1977.
2. AWARD OF PROPOSAL FOR AUDIT SERVICES,
FISCAL YEAR ENDING JUNE 30, 1977
(22) Council received copies of a report dated May 18, 1977, from
the Assistant City Manager forwarding the results of proposals
received on March 8, 1977, for the performance of the City's
audit for fiscal year 1976-77. A proposed 3 -year Agreement
with the firm of Price Waterhouse & Co. was also provided. In
response to an inquiry from Mayor Heckscher, representatives
of Price Waterhouse agreed to an amendment to the Agreement to
provide for cancellation by the City without cause.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to award the proposal to
Price Waterhouse & Co. at a fixed fee of $5,500'for the fiscal
year ending June 30, 1977; any increase in fees for the next
fiscal years is limited to 10% per year.
RECESS AND RECONVENE
Council recessed at 9:08 P.M. and reconvened at 9:25 P.M.
CONSENT CALENDAR
It was moved by Councilman Nash and seconded by Councilman Sweeney
that the staff recommendations be accepted with regard to all items
listed on the Consent Calendar. The motion carried by the following
vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash, and
Mayor Heckscher
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated May 18, 1977, Warrants Nos. 10030
through 10155, inclusive, and 1911 Act Account Warrants Nos.
0201 and 0202, in the total amount of $393,721.39, are approved
as submitted.
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50
2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF
APRIL 3.0. 1977
(41) The City Treasurer's Report of InvesLirients as of April 30,
1977, is approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES A�i OF APRIL'30, 1977
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies as
of April 30, 1977, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF MARCH 31, 1977
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the nine month period ending March 31, 1977, is approved
as submitted.
5. REPORT OF PLANNING COMMISSION MEETING
OF MAY 10, 1977
(67) The Report of Actions taken by the Planning Commission at its
meeting of May 10, 1977, is ordered received and filed.
6. REPORT OF CULTURAL HERITAGE COMMISSION MEETING
OF MAY --, 1977
(23) The Report of Actions taken by the Cultuial Heritage Commission
at its regular meeting of May 3, 1977, is ordered received and
filed.
7. AGREEMENT FOR SANITARY SEWERLINE MAINTENANCE
IV n OrVIV (1r)P1[)r)PATTnTJ%
(80) Renewal of the Agreement with F. B. Cook Corporation of
Anaheim, California, for cleaning and maintenance of sewer lines
and for emergency service for the period ending June 30, 1978,
is approved; the Mayor is authorized to execute the Agreement
on behalf of the City and the City Clerk to attest thereto. The
unit price per lineal foot is increased from $0.06 to $0.07
from the 1976-77 fiscal year agreement.
8. RENEWAL OF CONTRACT FOR SOILS TESTING
(COUNTY OF ORANGE)
(25) Continuation of the existing contract with the County of Orange
for the provision of soils testing and laboratory services
for the 1977-78 fiscal year is approved.
9. ACCEPTANCE OF LETTER OF CREDIT FOR PRIVATE ROAD
TMPROVEMENTS, DIVISION OF LAND 76-8 (L-O-V—ET—
(85) The letter of credit in the amount of $5,000 from American
State Bank of Newport Beach, California, dated March 14, 1977,
is accepted to insure completion of private improvements in
connection with Division of Land 76-8. The improvements include
an approved pavement thickness and geometric design satisfactory
to the City Engineer. The letter of credit is submitted by
Jack Love and Ronald V. Nation and expires April 14, 1978.
10. RELEASE OF BONDS AND ACCEPTANCE OF STREET
IMPROVEMENTS, TRACT 8994-(CUNNINGHAM)
(85) At the request of the Director of Public Works, this item was
held over for consideration at the meeting of June 1, 1977.
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51
11. USE OF SCHOOL FACILITIES MR RECREATION PROGRAM -
RENEWAL OF AGREEMENT
'62)
The Agreement betweenthe City and the Capistrano Unified
School District for use of school facilities for the Summer
Recreation Program is approved for a one-year period of time.
The School District will provide the amount of $6,000 in
Community Service Tax funds for the 1977 summer program,
maintenance and/or custodial services. The City will provide
personnel and supplies. The Mayor is authorized to execute the
Agreement on behalf of the City and the City Clerk to attest
thereto.
12. REPORT ON WEED ABATEMENT ADJACENT TO
AGRICULTURE AREAS
(74) Pursuant to the report dated May 4, 1977, from the City Manager,
staff is directed to establish a procedure whereby lands
adjacent to agricultural property shall be subject to periodic
checks and weed abatement as necessary, as provided by Ordinance
No. 287. The report dated May 18, 1977, from the City Manager
regarding use of chemical sprays for weed abatement adjacent
to agricultural lands, is ordered received and filed.
13. RESOLUTION COMMENDING MAGGIE OLSEN,
MANAGER OF THE CHAMBER OF COMMERCE
(36) The following Resolution is adopted:
RESOLUTION NO. 77-5-18-1, COMMENDING MAGGIE OLSEN -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 5AN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING CHAMBER OF
COMMERCE MANAGER MAGGIE OLSEN
Mrs. Olsen submitted her resignation as Manager of the Chamber
of Commerce effective May 1, 1977, following eight years of
service,
14. APPROVAL OF HIGHWAY NEEDS STUDY
PURSUANT TO SECTION 2156 OF THE STREETS & HIGHWAYS CODE
(44) The report on highway progress and needs for the period July 1,
1972, through June 30, 1977, based upon expenditures to maintain
and administer the existing and new roadway facilities in the
City, pursuant to Section 2156 of the Streets and Highways Code,
is approved. The report will be utilized in determining the
allocation of State funds for maintenance of City street
systems. During the 5 -year period covered, the miles of
streets maintained have increased from 30.8 to,50.2.
ADMINISTRATIVE ITEMS:
1. ASSEMBLY BILL 1455
ELECTIONS BY DISTRICT
(51) Council received copies of a report dated May 18, 1977, from
the City Manager regarding Assembly Bill 1455 which would
require that Council members in all general law cities with a
population of 15,000 or more be elected by district, with
reapportionment every 10 years. The Bill was subsequently
amended to require that all general law cities submit the
question to the voters at the November, 1978, election.
It was moved by Councilman Nash, seconded by Councilman Friess
and unanimously carried that Assemblyman Cordova and the League
of California Cities be informed of the City's opposition to
Assembly Bill 1455.
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52
DIRECTOR OF PLANNING
1. TENTATIVE TRACT 6305 - DETERMINATION OF
SPECIFIC CONSISTENCY WITH GENERAL PLAN
RIDGELINE DE61-GNATIONS (FORSTER)
(85)� Council received copies of a report dated May 18, 1977, from
the Director of Planning forwarding the recommendation made
by the Planning Commission at its meeting of May 10, 1977,
that the concept plan for Tentative Tract 6305 be found
consistent with the General Plan. The proposal is for the
development of 135 residential lots and one common lot as a
land sale subdivision on approximately 264 acres of land off
the Ortega Highway. A torographical map showing ridgeline and
geology hazards, as well as exhibits and photographs, were
on display. The applicant is Frank Forster, represented by
Dick Beamish, Rancho Capistrano, 2172 DuPont Drive, Room 8,
Newport Beach, California 92664.
Council discussed the proposed cut in the west ridgeline for
road purposes, lot size, possible future development of an
additional 15 homes beyond the ridgeline, visibility of homes
in the northeast portion of the property, and reference points
for the view analysis.
Determination of General Plan Consistency:
It was moved by Councilman Sweeney, i�e_conded by Councilman
McDowell and unanimously carried to determine that the concept
plan is consistent with the General Plan with the exception of
the homes in the northeasterly area and the proposed cut in
the ridgeline in the westerly area; further supporting informa-
tion regarding the housing impact and grading is to be provided
to.Council.
2. REPORT ON LAND SALE SUBDIVISIONS AND THE
LAND USE MANAGEMENT CODE
(85) Mayor Heckscher requested that the Director of Planning provide
a report addressing the approach to land sale subdivisions and
permits for individual homeowners pursuant to the Land Use
Management Code.
3. APPROVAL OF LAW OFFICE USE AT
RIOS ADOBE (RIOS)
(23) Council received copies of a report dated May 18, 1977, from
the Director of Planning regarding the proposal of Dan and
Stephen Rios to locate a law office within the Rios Adobe,
31782 Los Rios Street. The adobe is listed on the City
inventory of landmarks and the property is within the Special
District area of the Los Rios Precise Plan, which is currently
being prepared. 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
26, 1977. Staff has initiated an inspection of the building to
establish which provisions of the Uniform Building Code might
have impact upon the structure and its proposed use. The
Director of Planning advised that the building has been nominated
for the National Register of Historic Places. The applicants are
Dan J. and Stephen M. Rios, 25262 Swan Way Court, Dana Point,
California 92629.
�L'P,Rvv a use:
it va lo2vZf-:d Uy- Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to approve the law office use
at the Rios Adobe subject to the following conditions:
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The property owner shall enter into an agreement to 5 3
dedicate appropriate right-of-way along Los Rios Street
as required by the Los Rios Precise Plan at such time
as the Plan is adopted by the City.
(2) Applicant shall make provisions 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.
(4) All on-site utilities shall be underground.
(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 proposed use shall be authorized for a period of time
not to exceed one year from the date of City Council
approval. Upon said expiration date, the proposed use
shall be terminated or be made to comply fully with the
Adopted Los Rios Precise Plan. If such Precise Plan is
not in effect by the time of expiration, the applicant may
re -apply for authorization to continue the use.
3. REQUEST FOR APPROVAL OF USE FOR PROFES
k"11J111AN0 - vr�u unlory 1tulv uurw,
(23) Council received copies of a report dated May 18, 1977, from
the Director of Planning forwarding a letter dated April 20,
1977, from William R. Williams, representing Del Obispo Land
Corp., Inc., requesting approval of a professional office use
on Parcel 121-160-25 fronting Del Obispo Street within the
Los Rios Area. Mr. Williams had presented Council with copies
of a letter dated May 16th earlier in the meeting. That letter
advises that Phase III of the Los Rios Precise Plan provides
for a minimum setback of 125 feet and a rear yard setback of
25 feet for the property in question. Mayor Heckscher noted
that the proposed setback would make the property useless and
inquired if any part of the proposal submitted could be
processed by the City while the Precise Plan is being established
without jeopardizing that Plan.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney to determine that Parcel 121-160-25 is suitable for
development of an office building. There was no vote on the
motion.
Council indicated a consensus in support of an office use on
the property. Mayor Heckscher noted that the Los Rios Precise
Plan is scheduled for submittal to Council during the month of
June and that he would be reluctant to take action without the
benefit of comment from the Los Rios Steering Committee.
Councilman Nash advised that he supports the office use, but
would prefer that the use be consistent with the Precise Plan.
It was moved by Councilman Friess, seconded by Councilman Nash
and unanimously carried that the Los Rios Steering Committee
consider the concept of allowing professional office
_10- 5/18/77
building use on the 3 -parcel area at the corner of Del Obispo
Street and Los Rios Street as acceptable. The lots are
identified as Parcel Nos. 121-160-25, -35, and -34.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. REVIEW OF AGREEMENTS -
PROJECT COMR—ITTEENO. 2 AND JOINT POWERS (SERRA)
(79) Council received copies of a report dated May 18, 1977, from
the Director of Public Works reviewing the following Agreements:
(1) Joint Exercise of Powers Agreement Creating South East
Regional Reclamation Authority; and,
(2) Agreement for Acquisition, Use, Operation, Maintenance
and Expansion of Sewage Treatment Plant of City of San
Juan Capistrano by South East Regional Reclamation
Authority for and on Behalf of Project Committee No. 2.
Mayor Heckscher urged that each Council Member study the
document; the report was received and filed.
2. ADOPTION OF BUDGETS - GENERAL FUND,
PROJECT COMMITTEE NO. 2, PROJECT COMMITTEE NO. 3 (SERRA)
(79) The following SERRA budget allocations are approved, as
recommended by the Director of Public Works in the report
dated May 18, 1977:
(1) General Fund, City participatory share: $ 2,000
(2) Project Committee No. 2,
City usage share of 13%: $88,400
(3) Project Committee No. 3,
City.usage share of 11.6%: $ 5,649
3. AMENDMENT TO JOINT POWERS AGREMMENT,
PROJECT COMMITTEE NO. 10 (SERRA)
(79) Council received copies of a report dated May 18, 1977, from
the Director of Public Works forwarding a revised Agreement
to allow only the City of San Clemente to incorporate a
committee of one member upon approval of the member agencies
of SERRA, as directed by Council on April 20, 1977.
With the consensus of the Council, Mayor Heckscher directed
that consideration of the Agreement be deferred until the
meeting of May 25th. Amendments to the Agreement are to be
made to provide for City input prior to decisions of the
Project Committee; and, the penultimate line of Page 2 of the
Agreement is to read, "The Board of Directors of SERRA may,
by majority vote of its members, excluding San Clemente, -
impose conditions . . . The amendments are to be referred to
SERRA counsel.
COMMISSIONS, BOARDS, COMMITTEES:
ENVIRONMENTAL REVIEW BOARD
1. DESIGNATION OF SPECIAL DISTRICT TO
INITIATE PRECISE PLAN (McC—R-KC—KEN HILL)
(68) Council received copies of a report dated May 18, 1977, from
the Director of Planning proposing a precise plan study area
for an area bordered by the San Diego Freeway, Alto Capistrano,
and the Forster Canyon dump site, as recommended by the
Environmental Review Board. Cumulative effects of previously
approved and proposed developnent could preempt options for
arterial and commuter roads and produce a potential
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FIVIEr-rA
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residential neighborhood with inadequate access, utility
services or incompatible land uses. A precise plan procedure
would involve the use of a consultant and a rezone of the
study area to SP - Special District, A precise plan would
include the following:
(1) Circulation Study, including:
(a) The feasibility and alignment of Route D or
Route F from the Alto Capistrano area, as
previously discussed by the Via de Agua Study
Committee.
(b) The extension of and improvements to Valle Road.
(c) The alignment of a proposed bike trail from Alto
Capistrano to the San Juan Creek area.
(2) Appropriate alignments and types of municipal services,
including sewers, water, etc.
(3) Range and relat4onship of parcels proposed for develop-
ment on and around McCracken Hill.
Councilman Sweeney stated he would support a precise plan for
all of the area shown on Exhibit B as GM (Growth Management)
excluding the entire area designated ES (Small Estate) ,
but including all considerations for future improvements such
as sewers. Mayor Heckscher suggested that consideration be
given to excluding from the precise plan those areas for which
proposals have already been submitted and are being processed.
The Director of Planning advised that the plan would not
delay processing of development applications.
Initiation of Precise Plan:
It was moved by Council Nash and seconded by Councilman
Friess to initiate the required proceedings to designate the
area shown on Exhibit B (between Window Hill and the Forster
dump site on and contiguous to McCracken Hill) as SP - Special
District (Precise Plan) and to initiate a Precise Plan for
that area. The motion carried by the following vote:
AYES:
Councilmen
Friess,
Nash, and Mayor Heckscher
NOES:
Councilmen
Sweeney
and McDowell
ABSENT: None
IMPROVEMENTS TO RAILROAD PASSENGER FACILITIES -
SENATE BILL 1879 FUNDING
(88) The City Manager requested authorization to proceed with a
draft proposal for use of Senate Bill 1879 funds within th ' e
constraints of the Los Rios Precise Plan. At the meeting of
May 11, 1977, the City Council had received a letter from the
State Department of Transportation requesting such proposals,
With the consensus of the Council, Mayor Heckscher so directed.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 11:45 P.M. to the next meeting date of Wednesday,
May 25, 1977, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
-12- 5/18/77