77-0706_CC_Minutes_Regular Meeting92
JULY 6) 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
7:10 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Robert
Schwenck, Community Presbyterian 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
Adjourned Regular Meeting, June 8, 1977:
It was moved by Councilman McDowell a seconded by Councilman
Sweeney that the Minutes of the Adjourned Regular Meeting of June 8,
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
Regular Meeting, June 15, 1977:
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the Minutes of the Regular Meeting of June 15, 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.
ORAL COMMUNICATIONS
1. REPORT OF THE VIA DE AGUA STUDY COMMITTEE
(87).Gary Hausdorfer, 26851 Calle Canto, addressed the Council to
urge acceptance of the proposed project schedule for the
construction of the Via de Agua sidewalk.
Dee Tyler, 26982 Via Banderas, President of the Alto Capistrano
Homeowners Association, spoke in favor of the proposed sidewalk
construction and urged that the project be done at City expense.
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Carol McFerson, 33775 Via de Agua, spoke in favor of the
construction of Routes E and D in the Alto Capistrano area,
lowering speed limits on Via de Agua. and installation of
.the proposed sidewalk.
2. LOS RIOS AREA - PROPOSED FENCE
(23) Leonor Hammond, 31441 Los Cerritos Road, requested that
Council take action to have a fence installed between Los Rios
Street and the railroad tracks from Del Obispo Street to
Verdugo Street in order to limit access to the tracks by
children.
With the concurrence of the Council, Mayor Heckscher requested
that the City Manager provide a report at the next regular
meeting.
3. CAPISTRANO AIRPnRT
(88) Bruce Winton, 601 Del Cerrito, San Clemente, Airport partner,
stated that he has been using the landing strip for 17 years
and requested that he be granted a non -conforming use permit
.for his twin engine aircraft.
Mr. Winton also noted the amounts of taxes paid by the Airport
operators and stated they have not been reimbursed for taxes
paid in connection with the detachment of special taxing districts.
4. TAX REFUNDS/AIRPORT ORDINANCE
(86) Marilyn Williams, 29931 Camino Capistrano, President of the
Capistrano Community Affairs Council, addressed the Council
regarding sewer refunds; refunds of taxes paid on overlapping
special taxing districts; andurged careful consideration of
adoption of the Airport Ordinance due to its effect on the
business community.
5. CAPISTRANO AIRPORT
I
(88) The following persons addressed the Council in opposition to
closing the Airport:
(1) Franklin Dimino, Attorney at Law, 501 Avenida Teresa,
San Clemente, representing the Capistrano Flying Service
and individual pilots;
(2) Kenneth Lloyd, 25511 Neptune Drive, Dana Point;
1 (3) Dale Lilley, 25502 Neptune Drive, Dana Point;
(4) Charles B. Fern, 33535 Vista Colina, Dana Point;
(5) Rose Corrigan, Los Cerritos Ranch;
(6) Darwin Kindred, Avenida Aeropuerto;
(7) Larry Gillman, 32926 Paseo del Lucero;
(8) Elsie Kindred, Avenida Aeropuerto.
The following persons addressed the Council in favor of closing
the Airport:
(1) Harry Finnegan, 33192 Via Mayor;
(�2) Joe St. Jean, 33152 Via Mayor.
The following persons also addressed the Council on the subject:
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(1) Frank Sperber, 25701 Via Solis.
94 1
6. PARKING RESTRICTIONS, EL CAMINO REAL AND SPRING STREFr
(64) Rose Corrigan, Los Cerritos Ranch, addressed the Council
regarding "No,Parking" restrictions on Spring Street and El
Camino Real on Sunday mornings.
With the concurrence of Council, Mayor Heckscher directed the
City Manager to provide A report on.the parking problems.
7. TENTATIVE TRACT 9784 CONCEPTUAL REVIEW
(85) Dee Tyler, 26982 Via Banderas, President of the Alto Capistrano
Homeowners Association, urged that Council elaborate on the
impact of the items proposed in the development of Tentative
Tract 9784 which are not consistent with the General Plan.
Jack Mathison, 33712 Calle
opposition to approval of
another road.
WRITTEN COMMUNICATIONS
Miramar, addressed the Council in
the tract and construction of
1. REQUEST FOR EXPANSION OF RANCH MARKET (VERMFULEN)
(68) Council received copies of a'letter dated June 13, 1977, from
Charles I. Vermeulen, addressed to the Director of Planning,
requesting approval of a proposed expans�.Dn to the existing
ranch market on Del Obispo Street. Council also received
copies of a memorandum dated June 30, 1977, from the Director
of Planning advising that the letter was reviewed by the
Agriculture Preservation Committee on June 29th. The Planning
Department will prepare a plan for commercial and farm use on
the property; it was clarified that the plan would be referred
to the Planning Commission with final action to be taken by the
City Council.
With the concurrence of Council, Mayor Heckscher directed that
staff proceed with the preparation of a development proposal.
2. PROPOSED SISTER CITY - SAN GIOVANNI CAPESTRANO. ITALY
(34) Council received copies of a letter dated June 12, 1977, from
R. L. Brownlee, Jr., of the Iris Travel Bureau, Giulianova
Lido, Italy, proposing the creation of a Sister City status
with the City of San Giovanni Capestrano in Italy.
Mayor Heckscher requested that Councilman Sweeney prepare a
letter in response.
3. DECLARATION OF SISTER CITY STATUS - PETRA, MALLORCA
(34) Council received copies of a letter dated June 24, 1977, from
Dr. Antonia BauzA Roca, Mayor of Petra and President of the
Association of Friends of Fray Junipero Serra, advising that
- on April 29th the Town Council of Petra proclaimed San Juan
Capistrano and Petra, Mallorca, as Sister Cities. A Resolution
dated May 2, 1977, was received, as well as a Map of the Spanish
heritage of the United States and copy of the speech delivered
to the U.S. Congress on June 2, 1976, by King Juan -Carlos I.
Mayor Heckscher directed that a response be prepared expressing
the City's gratitude for the gifts received and reciprocating
the good wishes extended.
PUBLIC HEARINGS
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7/6/77
0
RAU-
FOR RATE ADJUSTMENT FOR REFUSE SERVICES
(45) Council received copies of a report dated July 6, 1977, from
the Director of Public Works forwarding a letter dated
May 24, 1977, from Thomas Trulis, Solag Disposal Company,
requesting an increase in residential trash collection rates
from $2.50 per month to $3.00 per month, due to increased
operating expenses.
Public Hearing:
Notice haviii—g-been given as required by law, Mayor Heckscher
declared the Public Hearing open on the request for a rate
adjustment for refuse services, and inquired if anyone in the
audience wished to address the Council. There being no response,
Mayor Heckscher declared the Public Hearing closed.
Approval of Agr-�ement:
It was moved y Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the Amendment to
Solid Waste Collection Agreement of April 23, 1973, providing
for an increase in weekly refuse pickup rates for individual
residential units from $2.50 to $3.00 per month effective
October 1, 1977.
Mayor Heckscher requested that the Director of Public Works
prepare a report on the method of determining commercial rates
for submission to the Council.
Introduction of Ordinance No. 325:
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:
ORDINANCE NO. 325, TRASH COLLECTION RATES -
AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE
NO. 223 RELATING TO CHARGES FOR COLLECTION
OF SOLID WASTE FROM RESIDENTIAL UNITS AND
REPEALING ORDINANCE NO. 296
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
2. ACCEPTANCE OF PHASE THREE REPORT
LOS RIOS PRECISE PLAN
(23) Council received copies of a report dated July 6, 1977, from
the Director of Planning advising that the Phase Three Report
of the Los Rios Precise Plan has been completed by the consultant,
The Arroyo Group. Exhibits were on display, and Jim Goodell,
consultant, made a slide presentation. Council discussed the
following items with the consultant: zone density, housing,
access roads, flood plain conditions, parking, emergency access,
and development of the southern portion of the area. The elements
of the plan and proposed methods of implementation are as follows:
AI) Land Use/Zoning
a. RL - Low Intensity Residential District (Little
Hollywood - would allow existing and new residential
uses.
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b. RH - Historic Residential District - would allow
commercial uses in conjunction with residential use
along Los Rios Street.
C. PB - Park Bazaar District - provides for a public park,
commercial activity, and community facilities in the
center of the Los Rios area.
d. CL - Low Density CommercialDistrict - allows
restricted commercial use at the southern section
of the study area which would be compatible with the
character of the entire area.
e. OS - Open Space District - between Los Rios Street
and the Santa Fe Railroad tracks.
(2) Circulation
a. Creation of a new street linking Ramos to Mission Street.
b. Creation of a new street from Del Obispo (Paseo
Adelanto extension).
C. Connection of Mission Street to Camino Capistrano.
d. Restriction of through traffic along Los Rios Street.
e. Creation of a plaza along Verdugo Street.
f. Design standards to compliment the rural character
of the area.
9. Creation of a pedestrian link to connect the park
bazaar to the Verdugo Plaza and Mission.
(3) Historic Preservation
a. Adoption of an historic district and ordinance.
b. Adoption of a special building code.
c. Creation of a park/bazaar.
d. Grant funds and tax opportunities for structures
within the district.
(4) Housing
a. Creation of a non-profit housing corporation.
b. "Fix -up" grants for all residential dwellings.
C. Residential rehabilitation loans.
d. Section 8 rental assistance.
e. Construction of new, low-cost rental dwellings.
f. Tax incentives for improvements to historic structures.
(5) Economics
a. Consolidation of several large parcels to maximize
potential.
b. Present land owners of proposed park area to be given
the option of participating financially -in the bazaar.
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C. The economic viability of the bazaar depends on:
Special sensitivity by the City to owners needs,
i.e., relocation assistance.
Ability of City to acquire the proposed public park.
Cooperation of property owners.
Development of the Verdugo pedestrian link to the
town center.
d. Bazaar funding may come.from a combination of revenue
bonds and sale/leaseback arrangements supplemented by
Federal and State grants.
e. Funding for public improvenents, residential
rehabilitation and new housing may come from HCDA rants
or otner programs.
(6) Implementation Program
a. City acquisition of the major portion of the proposed
park area.
b. Improvements to Verdugo Streei between Los Rios and
Camino Capistrano.
C. Agreemen ' ts with private owners whose holdings are
,independent of the park and bazaar.
d. Development of the bazaar.
Proposed Amendment to Phase Three Report:
As a result,of study focusing on the southern portion of the
Area, the consultant, Steering Committee, and Planning Commission -
recommend the following amendment to the Report:
(1) Expand the conditional uses recommended for the low intensity
commercial dis"trict.
(2) Allow development of the 3 parcels with frontage on
Del Obispo Street without the need for land consolidation
with other land owners.
(3) Permit development of the 3 parcels in a manner in keeping
with the goals and objectives of the Study.
Public Hearing:
Ro—tice-R-a-v—in—g—been given as required by law, Mayor Heckscher
declared the Public Hearing open on the Phase.Three Report of
the Los Rios Precise Plan, and inquired if anyone in the
audience wished to address the Council. The following persons
responded:
(1) Craig Strickland, 424 North KI Camino Real, San Clemente,
Secretary of the Del Obispo Land Corp., addressed the.low
intensity commercial designation of the property along
Del Obispo Street and stated the designation is an
elimination of the commercial property value;
(2) Robbie Berns, 26921 Canyon Crest Road, representing Town
Hall Association, urged adoption of the Plan;
(3) Anne Schauwecker, Pasco Dop Jose, President of the San Juan
Capistrano Historical Society, spoke in favor of the Plan
as encouraging the Society's goals for preservation and
restoration.
There being no one else wishing to address the Council, Mayor
Heckscher declared the Public Hearing closed.
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IL4V
L7�1 PA
In response to Mayor Heckscher, the Director of Planning
advised that Mr. Ito was satisfied that the Plan would permit
the continuation of the existing nursery operation, but
disagreed with the boundary between the nursery property and
the public bazaar. The precise plan will recommend that a
boundary adjustment be made. Councilman Sweeney clarified
that if the Plan is accepted, further changes will be made; and,
requested that consideration be given to providing locations
for existing downtown businesses. Councilman McDowell noted
his concerns with provisions for emergency access, and stated
that a parking lot in the middle of the area would destroy
the rural ati,iosphere. Council concurred that staff should
respond to Mr. Strickland's concerns as soon as possible.
Acceptance of Los Rios Study Phase Three Report: Initiation of
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to accept the Los Rios Study Phase Three
Report as amended, said Report to include economic, traffic,
parking, and emergency access considerations; staff is directed
to initiate an Environmental Impact Report antid rezone for the
study area which sill lead to the adoption of the precise plan.
Authority is granted to make payment to The Arroyo Group in the
sum of $4,095.00 for completion of the Phase Three Report.
Council also requested that members of the Steering Committee
continue to be available -should the need for their service arise.
RECESS AND RECONVENE
Council recessed at 9:30 P.M. and reconvened at 9:45 P.M.
ORDINANCES
1. REGULATING AIRPORT USE (INTRODUCTION
(88) Council considered the proposed Ordinance Regulating Airport
Use. The City Manager advised that the gross weight limit of
5,000 pounds would include most single engine aircraft of 300
horsepower; the Federal Aviation Authority has determined that
planesunder 12,000pounds are "light" aircraft; City enforcement
personnel will be experienced pilots; persons wishing to use the
Airport will supply their name, the identification number of the
airplane and the destination at takeoff.
Written correspondence was received, as follows:
(1) Letter dated June 25, 1977, from Joel Bellin, 23702
Brisbane Bay, Laguna Niguel, in favor of closing the Airport;
(2) Letter received June 28, 1977, from John C. Conser, 2000
Newport Boulevard, Costa Mesa, in opposition to closing
the Airport;
(3) Letter dated June 29, 1977, from Ronald Lais, resident,
with offices at 1200 North Main, Santa Ana, in opposition
to closing the Airport.
Councilman Nash noted his concerns with regard to location of
enforcement personnel in order to observe violations, lack of
the Ordinance to provide for prohibition of use by transients
and phase-out of the Airport operation. Mayor Heckscher stated
he does not favor phasing out the Airport until an appropriate
relocation site is available. Councilman Sweeney stated he
would support including a date for phase-out of the operation
with the understanding that a date be set primarily to instigate
activity in relocating the Airport; is concerned with City
liability; suggested that monthly reports be received from the
compliance officers with a determination to be made in 90 days
regarding transient aircraft. Mayor Ifeckscher suggested that
the airport operators' liability insurance should be increased
and/or the City should have its own insurance.
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Section - 5. B - Councilman Sweeney suggeg-ted tjiat the words
"or passenger" be struck so that sightseeing flights would not
be eliminated; Mayor Heckscher requested that the section be
amended so that it applies to plane rentals. The City Manager
recommended that it not be a part of the ordinance. ,
Section 5. C - Councilman Sweeney noted he would be willing
to grant an exemption to the use of the Airport by Mr. Winton's
twin -engine airplane.
Introduction of Ordinance No. 326:
The City Attrrney read tffe-7-t"TFI-e-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:
ORDINANCE NO. 326, REGULATING AIRPORT USE -
AN ORDINANCE OF THE CITY OF SPN JUAN CAPISTRANO,
CALIFORNIA, DEFINING AND REGULATING THE USE AND
HOURS OF OPERATION OF THE CAPISTRANO AIRPORT
RUNWAY AND TAXIWAY, AND REPEALING ORDINANCE NO.
304
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, and
Mayor Heckscher
NOES: (-ouncilman Nash
ABSENT: None
Determination of Airport Closure Date:
it ' was moved by Councilman Nash and i�econded by Councilman Friess
that the City Council determine that the Airport will be closed
on June 1, 1978, and that a Resolution formalizing the action
be prepared for the Council meeting of July 20, 1977. 'The
motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, and Nash
NOES: Councilman McDowell and Mayor Heckscher
ABSENT: None
With the concurrence of the Council, Mayor Heckscher directed
that the City Manager prepare a resolution for closure of the
Airport by June 1, 1978, and that the City Attorney incorporate
in the report a study of the Conditional Use Permit and legal
documents.
Establishment of Landing Fees and Trip Permits:
it—was move-cFby Councilman Friess and seconded by Councilman
Sweeney that the following Resolution be adopted:
RESOLUTION NO. 77-7-6-1, AIRPORT FEES -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SETTING FEES FOR THE USE OF RUNWAY AND/
OR TAXIWAY AT THE CAPISTRANO AIRPORT
The motion carried by the following votef
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT. None
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100
The Resolution establishes a monthly base landing permit fee
of $10.00 and an additional $4.00 trip permit fee for all
transient aircraft.
2. REGULATING CABLE TELEVISION SYSTEMS
(43) Council received copies of a report dated July 6, 1977, from
the Assistant City Manager forwarding a proposed Ordinance
establishing rules and regulations by which commercial cable
television companies would apply for franchise rights.
Mayor Heckscher suggested the followirg amendments be made to the
Ordinance as well as provisions for bankruptcy and receivorship:
(1) Page 6, Paragraph D (a), first line - Change the word
"government" to "access."
(2) Page 10, Paragraph E - Change the wording to reflect that
the City may request an audit at any time, the cost of
said audit to be borne by the grantee.
(3) Page 11, Paragraph (A) - Change the franchise renewal
I?
term to a period not exceeding 10 years.
Introduction of Ordinance No. 237:
The City Attorney read th-e--fliftle--of the Ordinance next in order.
Further reading of all ordinances had been waived earlier in the
meeting. It was moved by Councilman Sweeney and seconded by
Councilman McDowell that the following Oldinance be introduced
with the amendments set forth by Mayor.Heckscher:
ORDINANCE NO. 237, CABLE TELEVISION SYSTEMS -
AN ORDINANCE OF THE CITY OF SAN JUAN OiP—ISTRANO,
CALIFORNIA, ESTABLISHING RULES AND REGULATIONS
FOR CABLE TELEVISION SYSTEMS
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash, and
Mayor Heckscher
NOES: None
ABSENT: None
3. LAND USE MANAGEMENT CODE - PROPOSED AMENDMENT
REGARDING DEVELOPMENT FEES AND BONDS
(55) At the request of the City Attorney, introduction of the proposed
Ordinance was held over to the Council meeting of July 20, 1977.
4, LAND USE MANAGEMENT CODE - REFUND OF DRAINAGE FEES
FOR SINGLE RESIDENTIAL PROJECTS
(80) Council received copies of a report dated July 6, 1977, from
the Director of Public Works advising that the City Attorney
has recommended that drainage fees previously assessed for
residential projects on single lots be refunded; provisions of
Section 2.3.18 of the Land Use Management Code are not sufficient
to withstand challenge. A list of the 12 properties falling in
this category is attached to the report; the total amount of all
fees eligible for refund is $12,287.88.
It was moved by Councilman Friess, seconded by Councilman Nash
and unanimously carried that based on theinformation provided
by staff, the individuals affected be given the opportunity to
apply for a refund of the drainage fees previously paid.
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4
APPROVAL OF WARRANTS
(41) After clarification of Warrant No. 11-567, it was moved by
Councilman McDowell, seconded by Councilman Nash and unanimously
carried to approve the List of Demands dated July 6,'1977,
Warrants Nos. 10687 through 11753, inclusive, and 1911 Act
Warrants Nos. 0204 and 0205,,in the total amount of $339,955.59.
CONSENT CALENDAR
It was moved by Councilman McDowell and seconded by Councilman Sweeney
that the staff recommendations be accepted for the following items
listed on the Consent Calendar. The motion carried by the following
vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash, and
Mayor Heckscher I
NOES: None
ABSENT: None
1. REPORT OF PLANNING COMMISSION MEETINGS OF
JUNE 14. 1977, AND JUNE 2T,__IW_77_
(67) The Report of Actions taken by the Planning Commission at its
meetings of June 14 and 28, 1977, is ordered received and filed.
2. RESOLUTION COMMENDING PARKS AND RECREATION
COMMISSIONER ROBERT YOUNGREN
(36) The following Resolution is adopted:
RESOLUTION NO. 77-7-�
Ci�
T4 �I�MZENDING ROBERT YOUNGREN -
A RESOLUTION OF -THE COUN�IE 01" THE CITY OF STN
JUAN CAPISTRANO, CALIFORNIA� COMMENDING PARKS AND
RECREATION COMMISSIONER ROBERT YOUNGREN
Mr. Youngren has submitted his resignation irom the Commission
effective in May, 1977.
3. RESOLUTION COMMENDING MURIEL "MINNIE" SURLES
FOR OUTSTANDING CIVIC SRR_VICES
(36) The following Resolution is adopted:
RESOLUTION NO. 77-7-6-3, COMMENDING MURIEL "MINNIE"
SURLES - A RESOLUTION OF THE CITY COUNCIL 01" THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING MURIEL
"MINNIE" SURLES FOR HER OUTSTANDING CIVIC SERVICES
Mrs. Surles is moving from the City to Palm Desert, California.
4. FINAL REPORT AND NOTICE OF COMPLETION -
NG CENTER
(80) The Mission Village Sanitary Sewer Liner project has been
completed by Rodding Cleaning Machines, Inc., of Los Angeles,
in accordance with the plans and specifications. The following
Resolution is adopted:
RESOLUTION NO. 77-7-6-4, COMPLETION OF MISSION VILLAGE
SANITARY SEIVER LINER - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA7 DECLAR-
ING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF THE MISSION VILLAGE SANITARY
SEWER LINER
Current payment status is as follows:
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Total project costs
Less 107o Retention
Total due to date
Previous progress payments
Total amount due
102
$6,735.00
673.50
6,061.50
-0-
$6,061.50
The Resolution accepts the work and directs that a Notice of
Completion be filed with the Orange County Recorder. Staff is
authorized to release payment to Rodding Cleaning Machines,
Inc., as follows:
(1) $6,061.50 payable immediately;
(2) $673.50 payable upon the expiration of 35 days from the
filing of the Notice of Completion.
5. DIVISION OF LAND 72-110 -
RELEASE OF BONDS (SMYTH RROTHERS)
.(85) Authorization is granted to release the Labor and Material
Bond for public improvements resulting from Division of Land
�72-110.
6. RELEASE OF CERTIFICATE OF DEPOSIT FOR STREET
IMPROVEMENTS, 31351 LA CALERA STREET (LETSINGER)
(49) The public improvements at the southwest corner of La Calera
and El Horno Streets are accepted; authorization is granted to
release the Certificate of Deposit No. 3 211, Mission Bank, in
the amount of $1,860.00 to the owner, Daniel H. Letsinger.
7. APPROVAL OF
ON OF TRACT 8495 TO
(21) To fulfill State de -annexation requirements, the following
Resolution formalizing Council action of November 17, 1976,
is adopted:
RESOLUTION NO. 77-7-6-5, DE -ANNEXATION OF PROPERTY
TO THE CITY OF SAN CLEMENTE - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY -OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE DE -ANNEXATION OF PROPERTY
TO THE CITY OF SAN CLEMENTE
8. APPROVAL OF FINAL MAP, TRACT 9064
(INTER -VERDE CORPORATION)
(85) The Final Map for Tract 9064, located at the end of Calle
Lucana, 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 execute the Agreement
on behalf of the City and the City Clerk to attest thereto.
The developer is Inter -Verde Corporation, 1401 Cove Street,
Newport Beach 92660.
9. SAN JUAN CAPISTRANO BICENTENNIAL COMMITTEE
PURCHASE OF MICROFILM READER FOR HISTORICAL SOCIETY
(23) The Bicentennial Committee is authorized to purchase a microfilm
reader and stand for use by the Historical Society at the Pryor
Hmse Museum, as requested at the Council meeting of June 15,
1970, the expenditure not to exceed the Committee's budget
balL*rimt of $429.00.
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103
SUBDIVISIONS AND ANNEXATIONS
1. CONCEPTUAL REVIOV.- TENTATIVE TRACT 9784
(85) Council received copies of a report dated July 6, 1977, from
the Director of Planning regarding a conceptual design for
Tentative Tract 9784, a proposal to subdivide approximately
96.5 acres into 103 RS (Single Family) lots including a park
and retention basin site on property located at the easterly
terminus of Camino Las Ramblas In the Alto Capistrano area.
The applicant is Morris Misbin, 33901 Calle Borrego.
The Planning Commission has forwarded the project to the City
Council for conceptual review due to the necesskty of applying
policies resulting from General Plan Amendment 76-2D, Route 11E.11
Exhibits were on display, and Mr. Misbin addressed the Council.
Mr. Misbin's proposal, which is included in the staff report
and is contingent upon City concurrence with certain conditions,
is as follows:
(1) Completion of grading plans including geologic and
stability considerations;
(2) Completion of all grading adjacent to Tract 6244
including Route E within 3 months of issuance of grading
permits;
(3) Completion of a paved Route E within 6 months of issuance
of grading permits;
(4) Completion of park site, retention basins, and subdivision
within 2 years from commencement of grading permits (sic).
(5) Payment of all park, sewer, and drainage fees pursuant to
those in effect on May 1, 1977.
In addition to the design concept, the applicant has set forth
conditions that the following actions be taken by the City:
(1) Approve the tentative tract map essentially as submitted;
(2) Acquire the necessary right-of-way for Route E in the
Meredith Tract;
(3) Agree to purchase the park site for the sum of $200,000
cash upon completion of grading of the park site;
(4) Agree to purchase the retention basin and retention basin
site for the sum of $294,312;
(5) Exempt the project from the provisions of Ordinance 314,
Growth Management;
(6) All fees for park, sewer, drainage, etc., to be paid based
upon the provisions of the Ordinance in effect on May 1,
1977.
Mayor Heckscher noted that lie could not support an exemption from
the growth management ordinance. Councilman Friess stated he
could concur with project development but could not concur with
City purchase of the park site and retention basin or with grant-
ing exemptions from the growth management ordinance. Councilman
Sweeney noted that the proposed density does not seem equitable,
but with reservations he would be willing to approve the tenta-
tive tract map; the developer would have to obtain the
right-of-way for Route E; City purchase of the park site and
retention basin would have to be carefully negotiated; would
be amendable to some leeway on growth management provisions.
Councilman McDowell concurred with Mr. Sweeney's comments.
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104
Mayor Heckscher outlined the consensus of Council's comments,
as follows:
(1) Tentative Tract 9784 - the conceptual design is approved;
(2) Right-of-way for Route E - payment by the City is not
acceptable; that portion of Calle Miramar within the Meredith
Tract could be acquired by eminent domain proceedings.
(3) City purchase of the park site is not acceptable;
(4) City purchase of the retention basin and site is not
acceptable;
(5) Exemption of th
is not acceptab
(6) Payment of fees
those in effect
should be noted
lieu of payment
2) project from growth management provisions
le;
for park, sewer, and drainage based upon
on May 1, 1977, is acceptable; however, it
that dedication of parkland would be in
of fees.
ADMINISTRATIVE ITEMS:
CITY MANAGER
1. REPORT ON DETACHMENT OF SPECIAL DISTRICTS
-(-C. MICIfAEL-IWATA ANNEXATION)
(21) Council received copies of a report dated July 6, 1977, from
David DeBeauvais, Administrative Aide, setting forth a series
of events commencing with the annexation of the area known as
the C. Michael-Iwata Annexation. The properties were not
detached from special districts after annexation by the City
and continued to be taxed by the Capistrano Bay Park and
Recreation District and the Capistrano Beach Sanitary District.
Previous Council action has.resulted in rebates being made for
1975-76 taxes.
The Sanitary District has taken action to reimburse the City
for refunds made for 1975-76 taxes; the Park and Recreation
District would not accept the.responsibility of reimbursing
the City for rebating taxes collected erroneously by and for
the District.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to authorize the refund of
1975-76 Capistrano Bay Park and Recreation District taxes in
an amount not to exceed $1,521.87; any further rebate program
is found not to be in the best interests of the City. The
City Manager is directed to correspond with the Capistrano
Beach Sanitary District to urge that since taxes were refunded
to Mission Bell residents and to C. Michael, Inc., other
property owners in the detachment areas should also receive
refunds.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. VIA DE AGUA SIDEWALK
STUDY COMMITTEE REPORT
(87) Council received copies of a report dated July 6, 1977, from
the Director of Public Works forwarding the recommendation
of the Via de Agua Study Committee that a sidewalk be con-
.structed on the west side of Via de Agua including utilities
relocation adjustments to irrigation systems, aid landscaping.
The estimated cost of the project is $35,000. The Committee
recommends that the project be reviewed for alternate concepts
of design, should the right-of-way not be freely offered to the
City. Council also received copies of a letter dated July 5,
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105
1977, from Mrs. Warren 11. Long, 33861 Calle de Bonanza, in
opposition to the sidewalk installation.
It was moved by Councilman Nash and seconded by Councilman
Sweeney to accept the proposed project schedule and to
authorize staff to proceed with project implementation;
construction is scheduled for completion by November 2, 1977.
The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash, and
Mayor Heckscher
NOES: Councilman McDowell
ABSENT: None
PLANNING COMMISSION
1. RECOMMENDATION REGARDING ANNEXATIONS AND
GROWTH MANAGEMENT
(28) This item was held over for consideration at the meeting of
July 20, 1977.
EQUESTRIAN COMMISSION
1. RECOMMENDATION REGARDING TRAIL LOCATIONS,
TRACT 9795 (L -077r-7-
(85) Council received copies of a report dated July 6, 1977, from
the City Clerk forwarding the recommendation made by the
Equestrian Commission at their meeting of June 27, 1977, with
regard to Tract 9795, as follows: Deny the request of Jack
Love that the requirement for dedication of trail easements be
deleted; the trail to be 10' wide and located within and
adjacent to the tract boundaries except (1) the trail is to be
routed to avoid trees; (2) the trail is to be placed southwest
of and contiguous to the private road at the northeast property
line; (3) a spur trail is to be located on the property line
separating Lots 9 and 10 to give access to Lot 11. Mayor
Heckscher suggested that the trails on the outside boundaries
of Lots I and 10 be deleted so that equestrian use is not
encouraged on Aguacate Road.
It was moved by Councilman Friess, seconded by Councilman Nash
and unanimously carried to approve the recommendation of the
Equestrian Commission with the modification that the trails
along the outer boundaries of Lots I and 10 be deleted.
With the concurrence of the Council, Mayor Heckscher directed
the.City Attorney to report on the feasibility of amending the
Land Use Management Code, and on including conditions of approval
for tentative tract maps, in order to avoid deed restrictions
which prohibit equestrian use as requested by the Commission.
AGRICULTURAL PRESERVATION COMMITTEE
(68) It was the consensus of the Council that the reports be held
over for consideration at the meeting of July 20, 1977.
RECESS AND RECONVENE
Council recessed to Executive Session at 12:23 P.M., the City Clerk
being excused therefrom, and reconvened at 12:43 P.M.
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k�
COUNCIL REMARKS 106
1. HIGH SCHOOL SITE/BUC111IEIM FIELD
(34)- Councilman Sweeney reported to the Council on the School Board
meeting held on July 5th and the discussion of use of the
high school site and Buchheim Field by the City. A letter will
be forwarded from the Board of Trustees setting forth their
determination.
COUNCIL ACTIONS
I
1, APPOINTMENTS TO ORANGE COUNTY
HEALTH PLANNING COUNCIL
(59) It was the consensus of the Council that this item be held
over for consideration at the meeting of July 20, 1977.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:50 P.M. to the next regular meeting date of Wednesday,
July 20, 1977, at 7:00 P.M. in the City Council Chamber.
ATTEST:
Respectfully submitted,
4
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AN--N#�ffi-O-V--Efr,—C—ITY-
CLERK
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