77-0803_CC_Minutes_Regular MeetingA
AUGUST 3, 1977
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA
120,
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Heckscher at
7:05 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Dr. Milford Baker,
Capistrano Valley.Baptist Church.
ROLL CALL PRESENT: Yvon O. 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.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman McDowell
and unanimously carried that all ordinances be read by title only.
PRESENTATIONS
1. RESOLUTION COMMENDING TH014AS D. GROVES
(36) Mayor Heckscher read the following Resolution in full:
RESOLUTION NO. 77-8-3-1, COMMENDING THOMAS D. GROVES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN.
JUAN CAPISTRANO, CALIFORNIA, COMMENDING THOMAS D.
GROVES FOR MERITORIOUS ACTION
It was moved by Mayor Heckscher and seconded by Councilman
Sweeney that the Resolution be adopted, and the motion carried
by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
Mayor Heckscher presented Mr. Groves with a copy of the
Resolution and expressed the City's appreciation for his
exemplary service in saving the life of Captain Henry
L. Vogel on the evening of July 13, 1977.
Sheriff Brad Gates then addressed the Council and Mr. Groves
and presented a Certificate of Appreciation from the Orange
County Sheriff's Department in recognition of Mr. Groves' actions.
2. ORANGE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DIVISION -
BLOCK GRANT PROGRAM
(56) Mr. Robert Trevino, Manager of the Environmental Management
Agency's Housing and Community Development Division, addressed
the Council and made an oral presentation regarding the fourth
year block grant program. Mr. Trevino advised that the services
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121..
of his agency are available to the City in developing the
goals of the program as they relate to San Juan Capistrano;
the program will be reviewed in order to ascertain whether
additional funds would be available to the City.
ORAL COMMUNICATONS
1.@,APISTRANO AIRPORT -
CONSIDERATION OF ABATEMENT OF BAMBOO AND BILLBOARD
(88) Jay Willcox, partner in the Capistrano Airport, 32932 Calle
Perfecto, addressed the Council and read a letter dated
August 3, 1977, regarding the displaced threshold painted
on the runway by City personnel on August lst, which in
effect shortens the length of the runway. Mr. Willcox advised
the Council of his opposition to this action, and.cited the
following: "(1) the dangerous situation which has been created;
and (2) that the City could be held liable for any accident
that occurs as a result of the above displaced threshold."
Mr. Willcox also cited his willingness to remove the clump
of bamboo, pending City authorization to do so, and noted
that the billboard should be removed.
The City Manager advised that the California Division of
Aeronautics is the agency with the authority to order abatement
and that officers of that agency had met with City personnel
and Mr. Willcox. Caltrans re -affirmed the decision regarding
the displaced threshold, and the installation was ordered by
the State. With regard to the bamboo, the City is attempting
to locate the heirs of the property owners' estate for permission
to enter the property. The threshold was ordered to be installed
due to the obstructions caused by the bamboo and by the billboard.
Council members had been provided with copies of a report
dated August 3, 1977, from Councilman Sweeney regarding an
informal meeting held on July 28, 1977, with E. J. McKenney,
Aeronautics Division, Caltrans; Dick Dyer, Airport Environment
Specialist, Caltrans; Councilman DiGiovanni, San Clemente;
Franklin Dimino, Attorney and aircraft owner, and Councilman
Sweeney. The items discussed were painting of a displaced
threshold, general cleanup, construction of a general aviation
airport at another location, the stand of bamboo, an alternate
site in the Prima Deshecha area, and funding.
Following extensive discussion by Council and staff, it was
moved by Councilman McDowell, seconded by Councilman Friess
and unanimously carried that the City take immediate action
to post the proper notices for abatement of the nuisance
caused by the existence of the bamboo, utilizing weed abatement
procedures. There was a concensus of the Council that following
removal of the bamboo, Caltrans be requested to make another
determination regarding the billboard and any hazard it may
present.
Steven Heath, Capistrano Flying Service, also addressed the
Council regarding the displaced threshold.
2. REQUEST FOR PROPOSAL FOR DOWNTOWN STUDY
(68) Marilyn Williams, President, Capistrano Community Affairs Council,
addressed the Council to advise that the CCAC had recommended
that a traffic study be made of the entire downtown area so
that background studies would be available to the consultant.
Mrs. Williams also noted that the proposed steering committee
should be composed primarily of business people in the downtown
area who would be affected by the installation of a mall.
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122
3. ANNEXATIONS PURSUANT TO THE GROWTH MANAGEMENT SYSTEM
•
--(28-}Mrs. Williams advised that the Board of Directors of the CCAC -
has -determined that a double standard would be created if there
are alterations in the requirements for annexed projects within
the Growth Management System.
4. LANDSCAPING REQUIREMENTS, TRACT 8319 (MEREDITH)
(85) Ron Jenner, 33501 Avenida Calita, addressed the Council regarding
completion of landscaping in the Meredith Canyon development
and Alternate Landscape Approval Forms.provided to the devF!loper,
Certificates of Occupancy, and.home resales. The Director of
Planning requested an opportunity to discuss the entire matter
with Mr. Jenner.
S. SAN JUAN CAPISTRANO 4TH OF JULY ASSOCIATION
(61) Toni Decker, President of the Association, addressed the Council
to express their appreciation for the financial assistance
provided for this year's celebration, and for the support
provided by Council and staff.
Mrs. Decker also urged that Buchheim Field be retained as a
multipurpose recreation area.
6. C. RUSSELL COOK PARK IMPROVEMENT PLANS
(62) Dan Bradley, President, Capistrano Valley Horsemen's Association,
addressed the Council regarding the propo:,als for development
of C. Russell Cook Park. Mr. Bradley suggested that meetings
be scheduled at the site with all concerned parties, committees,
and commissions. The Director of Planning advised that further
public hearings are scheduled for the project; Councilman Nash
advised that the Phase I development proposal is an initial
conceptual plan only, not a final plan.
7. REQUEST FOR PROPOSAL FOR DOWNTOWN STUDY
(68) -Mrs. Libbie Myhro, co-owner of Elmcraft, addresed the Council
and presented petitions signed by approximately 44 business
and property owners in the downtown area in opposition to "the
plans presented for extensive alterations in the downtown area."
The petition recommends that parking, restroom and drinking
fountain facilities be installed, that rehabilitation of existing
structures be encouraged, that streets and sidewalks be improved,
and that the Ortega Highway sidewalk be reevaluated.
Michael Berns, President, Town Hall Association, addressed the
Council and presented copies of a letter dated August 3, 1977,
in support of approval of funding for an in-depth study of the
mall concept for the downtown area. Dr. Berns also urged careful
consideration of proposals for annexed projects.
PERSONNEL
1. INTRODUCTION OF DEPUTY CITY CLERK JOHNSON
(66) The City Clerk introduced Deputy City Clerk Cheryl Johnson to
the Members of the Council. The position was authorized with
the adoption of the 1977-82 fiscal budget, and Mrs. Johnson's
appointment will be effective August 8, 1977.
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123
WRITTEN COMMUNICATIONS
1. REQUEST FOR STOP SIGNS AND CROSSWALKS'_
IN TROY HOMES AREA (WHEELER)
182) Council received copies of a letter.from Mrs. Marros Wheeler,
329`11 Avenida Olivera, dated July.19, 1977, and petition signed
by 15 residents in the Troy Homes area of the City requesting
the installation• of stop signs and crosswalks.- With the con-
currence -of -the Council, Mayor Heckscher directed that the request
be referred to the Traffic and Transportation Commission for
recommendation.
- e
PUBLIC'HEARINGS
1. AMENDMENTS TO THE CLASSIFICATION
AND SALARY PLAN
(66) Council received copies of a report dated August 3, 1977, from
Loretta A. Murray, Administrative Assistant, forwarding a
proposed -Resolution implementing the job positions and job
description changes considered by Council during Public Hearings
of the 1977-82 budget. The Resolution provides for the following
additions to the Classification and Salary Plan:
JOB CLASSIFICATION RANGE SALARY
Airport Compliance Officer 21 $ 956 - 1165
Building and Grading Engineer 33 1729 - 2107
City Attorney Annual S-lary $39,590
Deputy City Clerk 21.5 980 - 1196
Director of Recreation 30.5 1528 - 1863
Land Use Coordinator 26.5 1255 - 1528
Records Clerk 17 785 - 956
Recreation Supervisor 23 1056 - 1287
Sgn}or Leadman_ 26 1224 - 1492
The Resolution also provides for the following:
-Reclassification of the position of Director of
-' Planning to "Director of Community Planning and
-- "-_Development" and deletion of the position of
_- Director of Planning;
(2) Changes in licensing requirements and adoption of
job descriptions for Treatment Plant Operators I,
_II, and III, Operator Supervisor, and Laboratory
- - - - - Technician;
.(3) Amendments to the job descriptions for the positions
of Director of Community Planning and Development
and Senior Planner.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open on the proposed Amendments to
the Classification and Salary Plan and inquired if anyone in
the audience wished to address the Council. There being no
response, Mayor Heckscher declared the Public Hearing closed.
Adoption of Amendments:
It was moved by Councilman Nash and seconded by Councilman
McDowell that the following Resolution be adopted
RESOLUTION NO. 77-8-3-2, AMENDMENT TO CITY'S
CLASSIFICATION AND SALARY PLAN - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION
NO. 72-1-19-1, THE CITY'S CLASSIFICATION AND
SALARY PLAN
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1-24
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash, .,
and Mayor Heckscher "
NOES: None
ABSENT: None
The City Manager advised that a report would be forthcoming
within 90 days on the continued inclusion of the position of
"Airport Compliance Officer".within the classified system.
2. ENVIRONMENTAL IMPACT REPORT, REZONE -77-1, ---- -- - AND TENTATIVE TRACT 6305 LECK FORSTER
(85) Council received copies of a report dated August 3, 1977, from
the Director of Planning forwarding the recommendation made by
the Planning Commission at its meeting of July 12, 1977, that
the Environmental Impact Report for Tentative Tract 6305 be
certified as adequate, and that Rezone 77-1 and Tentative
Tract 6305 be approved subject to conditions. The proposal
is for a zone change from GM (Growth Management) to RA (Small
Farm), 90 EL (Large Estate) and ES (Small Estate) for
approximately 158 acres and approval of the tentative tract
map, which proposes 136 units on approximately 264 acres as a
land sales subdivision. The project is located one mile east
of Interstate 5 on the north side of Ortega Highway. The
applicant is Richard Beamish, 2172 Dupont Drive, No. 8,
Irvine 92715.
Exhibits were on display, and the Director of Planning made
an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open on the Environmental Impact
Report, Rezone 77-1, and Tentative Tract 6305, and inquired
if anyone in the audience wished to address the Council. The
following persons responded:
(1) Richard Beamish, applicant, requested that the
project be approved.
There being no further response, Mayor Heckscher declared the
Public Hearing closed.
Certification of Environmental Impact Report:
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to find that the Environmental
Impact Report, including the additional exhibits and staff
report prepared for the Planning Commission determination of
consistence is adequate, with the notation that the Environmental
Impact Report has been submitted for information only and its
acceptance is not to be construed as concurrence with all data
provided within it or as being favorable or unfavorable to the
project.
Approval of Rezone 77-1 and
Introduction of Ordinance No. 331:
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:
a
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;-
1,25
ORDINANCE NO. 331, REZONE 77-1 (LECK/FORSTER) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED
------BY-ORDINANCE NO. 293 BY CHANGING THE ZONING FROM
-- _GM (GROWTH MANAGEMENT) TO GM (GROWTH MANAGEMENT),
OS (OPEN SPACE), 90EL(2.5) (LARGE ESTATE - MINIMUM
10T SIZE 2.5 ACRES), 90EL (LARGE ESTATE), AND
90EL(20,000) (LARGE ESTATE - MINIMUM LOT SIZE
20,000 SQUARE FEET) FOR 264 + ACRES LOCATED ON
ASSESSOR'S PARCEL NOS. 124-221-39 AND 124-240-18
the motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash and
- -- Mayor Heckscher
NOES- - — Councilman Friess
-_- _ABSENT: None
Councilman Friess noted his concerns with the designated
zoning of -90 EL (20,000) rather than ES.
Approval of Tentative Tract 6305:
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution containing 34 Conditions
of -Approval be adopted; amended conditions to read as follows:
Condition- 8: The developer shall form a special landscape
maintenance district -which shall be administered by the City
of. San Juan Capistrano. The maintenance district shall include
All lots within the tract. The areas to be maintained by the
district shall include the area located within the landscaped
right-way.for Ortega Highway within the tract boundary, all
manufactured slopes having a vertical height greater than five
3='et,-and any other such areas which may be deemed by the Director
of Planning.
Condition 24: Street lights shall be installed within the
tract. The location, height', and lumen rating shall be
approved by the Director of Planning and the City Engineer.
Generally, the lights shall be of a low profile and located
at intersections and cul-de-sacs provided said location is
of sufficient distance from adjacent lights as to prevent an
overlapping or clustering effect.
Condition 33: Development rights for the area to be zoned
OS (Open Space) shall be dedicated to the City of San Juan
Capistrano and owners of lots 1 through 133 inclusive. The
development rights held in common by the City of San Juan
Capistrano and lot owners shall be shared in the following
manner: (1) The City shall own fifty percent (508) of said
rights; and (2) The remaining fifty percent (508) shall be
held.in equal undivided shares by the 133 individual lot
owners. Said development rights shall not be relinquished
unless agreed upon by the City of San Juan Capistrano and
a two-thirds majority vote of the property owners. The
underlying fee title shall be owned and maintained in common
by the 133 individual property owners.
- RESOLUTION NO. 77-8-3-3, TENTATIVE TRACT 6305
LECK FORSTER - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE TRACT 6305 (LECK/FORSTER)
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126
..The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:30 P.M. and recoavened at 9:50 P.M.
ORDINANCES -
1. REGULATING CABLE TELEVISION SYSTEMS
ADOPTION OF ORDINANCE NO. 327
(43) Councilman McDowell read the title of thi 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 Friess that the following Ordinance
be adopted with the insert on Page 8, Section 9, Paragraph C,
6th line, of the words in the City ." following
". .gross receipts:"
ORDINANCE NO. 327, CABLE TELEVISION SYSTEMS -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
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
2. REZONE 77-7, DIVISION OF LAND 77-5 (CREBER)
ADOPTION OF ORDINANCE NO. 328
(85) 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 adopted:
ORDINANCE NO. 328, REZONE 77-7 (CREBER) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF ASSESSOR'S PARCEL NO. 124-270-04
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None .
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!2NDMENT TO LAND USE MANAGEMENT CODE
Or hrVrTnDMrMT rrrC - Ann DMTAM !fir 7TUnTMTMOV Mn 790
(55) 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 McDowell that the following Ordinance be adopted:
ORDINANCE NO. 329, DEVELOPMENT FEES AND BONDS -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING FEES, SECURITY, AND
PROVIDING FOR THE COLLECTION THEREOF, AMENDING
ORDINANCE NO. 293.
The motion carried by the following vote: -.
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
4. DESIGNATING LICENSE COLLECTOR/REGISTRAR OF
SOLICITORS, ADOPTION OF URGENCY ORDINANCE NO. 330
(26) Council received copies of a report dated August 3, 1977, from
the City Clerk advising that due to the transfer of the business
license function from the City Clerk's Department to the
Department of Community Planning and Deve--opment, as authorized
by the adoption of the 1977-82 fiscal budget, it is necessary
to amend Ordinances No. 171 and No. 305. Those Ordinances
designate the City Clerk as City License Collector/Registrar
of Solicitors.
S.
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 adopted:
ORDINANCE NO. 330, LICENSE COLLECTOR/REGISTRAR OF
SOLICITORS - AN ORDINANCE OF THE'CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DESIGNATING THE CITY MANAGER
OR HIS DESIGNEE AS LICENSE COLLECTOR/REGISTRAR OF
SOLICITORS AND AMENDING ORDINANCES NO. 171 AND
305 (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
The Ordinance is enacted as an urgency matter in order to
immediately empower the Department of Community Planning and
Development to perform the duties and obligations relating to
business licensing and registration of solicitors.
WI
VEHICLES. SUNDANCE
(87) CouncR2 received copies of a report dated August 3, 1977 from
George !U-narez, Secretary of the Traffic and Transportation
Commission, forwarding the recommendation of the Commission
-8- 8/3/77
128
that commercial vehicles over 12,000 pounds be prohibited from
using Sundance Drive and Windsong_Drive. -The SunHollow Home-
owners Association has petitioned the City to restrict truck
traffic due to noise and traffic hazards.
Amendment to Article 8-11 of Ordinance No. 295 and Bail Schedule:
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 Sweeney and seconded
by Councilman McDowell that the following Ordinance be introduced:
ORDINANCE. NO. 332, WEIGHT LIMITATIONS FOR COMMERCIAL
VEHICLES - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING CERTAIN SECTIONS
OF ORDINANCE NO. 295, CHAPTER 8, PERTAINING TO
TRAFFIC REGULATIONS
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher -
NOES: None
ABSENT: None
The Council action includes authorization to amend the Bail
Schedule to provide for fines for violations of the Ordinance.
BIDS, CONTRACTS, AND AGREEMENTS
1. AWARD OF CITY
(49) Council received copies of a report dated August 3, 1977, from
John O'Sullivan, Assistant City Manager, forwarding a proposal
dated August 1, 1977, from Dan Gorman Insurance for the City
liability and.fire insurance coverage in the combined annual
.amount of $50,944. No other proposals were received.
Mayor Heckscher requested that Mr. O'Sullivan provide quarterly
reports on the status of the City's insurance coverage.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to award the policy to Dan
Gorman Insurance of Mission Viejo, California, in the total
annual amount of $50,944; and, to authorize an increase of
$4,000 in the General Fund Budget and $1;000 in the Sewer
Fund Budget to provide for the additional premium costs.
.2. AGREEMENT FOR ACQUISITION -
SERRA, PROJECT COMMITTEE NO. 5
(79) This item was held over for consideration at a later date,
pending approval of the Agreement by Project Committee No. 5.
CONSENT CALENDAR
It was moved by Councilman Nash and seconded by Councilman Sweeney
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 Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
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129
1. APPROVAL OF WARRANTS
(41) The List of Demands dated August 3, 1977, Warrants Nos. 11654
and. 11655; Warrants No. 11765 through 11888, inclusive; and
1911 Act Account Warrant No. 0210, in the total amount of
$169,380.98, is approved as submitted.
2. REPORT OF PLANNING COMMISSION MEETING OF JULY 26, 1977
(67) The Report of actions taken by the Planning Commission at
its meeting of July 26, 1977,.is ordered received and filed.
3. 1977 WEED ABP.TEMENT- PROGRAM
FINAL REPORT AND NOTICE OF COMPLETION (B.E. TAYLOR COMPANY)
(74) The following Resolution is adopted:
RESOLUTION NO. 77-8-3-4, COMPLETION OF WEED ABATEMEN
IN THE CITY OF SAN JUAN CAPISTRANO - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO THE
ABATEMENT OF WEEDS AND OTHER NOXIOUS AND PUBLIC
____...NUISANCES-IN_THE.CITY_OF SAN JUAN CAPISTRANO
Current--payment-status-is--as follows:
_Total Projected Cost $7,127.70
- --Less-108 Retention $ 712.78
Amount Due this -Payment $6,414.92
The Resolution accepts the work and directs that a Notice of
Completion be filed with the Orange County Recorder, and
determines that the total project cost is $7,127.70. Staff
is a rected to release payment to B. E. Taylor Company of
Midway City, California, in the amount of $712.78 upon the
expiration of 35 days from the recording of the Notice of
Completion.
4. APPROVAL OF FINAL MAP, TRACT 9030
(CAPD-RANCHES-,—I14C-=-1 ---- -.
(85) The Final Map for Tract 9030 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.
All required development fees have been paid, bonds for
Faithful Performance, Labor and Materials and Monumentation
obtained, and all conditions of approval met. The Tract
extends from the north side of Ortega Highway to the City
limits; the developer is Capo Ranches, Inc., 4844'Rockridge
Lane, Santa Rosa 95404.
5. APPROVAL OF FINAL MAP, TRACT 9682
-(C. RUSSELL COOK)
(85) The Final Map for Tract 9682 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.
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130
All required development fees have been paid; bonds for
Faithful Performance, Labor and Materials, and Monumentation
obtained, and all conditions of approval met. The Tract is
located adjacent to the west City limits between Calle
Ricardo and Pasec, de la Paz; the developer is C. Russell Cook,
32221 Del Obispo Street, San Juan Capistrano 92675.
6. TRACT 9184 - ACCEPTANCE OF SE1-iER
(85) The public improvements resulting from Tract 9184, Malaspina
Corporation, are accepted and authority is granted to release
the Labor and Material Bond and.the Monumentation Bdnd;
.-Faithful Performance Bond No. 33 SB 036684 BCA, The Aetna
Casualty and Surety Company, is extended to August 3, 1978.
7. TRACT 9682 - ACCEPTANCE OF EASEMENT DEED FOR
ASS) The Easement Deed for sanitary sewer purposes from Wade and
Munger, a partnership, is -accepted in order to construct an
8 -inch sewer line on Lot 3 of Parcel Map 21/28 to serve
Tract 9682.
8. REQUEST FOR WAIVER OF UTILITY UNDERGROUNDING
nrnTTTDVM+ M ,YTMncvTMA VADMCI
(90) The utility undergrounding requirement of the Land Use Management
Code is waived and permission granted to install a temporary
overhead electrical service, as requested by Shigeru Kinoshita
by letter dated July 12, 1977.. The waiver is requested to
serve a booster pump for the farming operation at the corner
of Alipaz Street and Camino Del Avion to provide a stand-by
- source of water; the overhead lines would be located on the
Charles Vermeulen property and the Marco Forster Junior High.
School property.
9. HOT SPRINGS DANCE HALL -
RESOLUTION REQUESTING STATE BOND FUNDS
.(23) The following Resolution is adopted:
RESOLUTION NO. 77-8-3-5
FOR STATE
IUL\UJ - UL1iyk__ MALL - N rU'_JULUlxva Vr lnL 1-111
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE APPLICATION FOR 1976
STATE GRANT HONEYS, HOT SPRINGS DANCE HALL PROJECT
10. RISK MANAGEMENT AUDIT STATUS REPORT
(49) The Policy on Risk Manaqement and Insurance, dated January,
1977, and prepared by Warren, McVeigh, Griffin and Huntington
is approved as submitted.
11.
ffW
CES AT POLLUTION
(74) The Aqreement between the City and the Capistrano -Laguna
Regional Occupational Proqram to provide the laboratory
learning site for the course entitled "Nursery Operations" is
approved and the Mayor authorized to execute the Aqreement on
behalf of the City. The proqram is for landscaping at the
Water Pollution Control Facilitv and will provide career
traininq to students of the Capistrano and Laguna Beach
School Districts.
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12. DESCANSO PARK AND SPECIFIED PARKWAY MAINTENANCE -
APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS
(74) The specifications for the maintenance of Descanso Park and
Specified Parkways are approved as submitted, and the City
Engineer is authorized to call for bids. The 10 parkway
areas are listed in the report dated August 3, 1977, from
the Director of.Public Works.
13. INDEX lFrAl LAND USE MANAGEMENT CODE
(55) Payment to California Code Service in -the amount of $1,OOC
is authorized for preparation of the *ndex for the Land Use
Management Code, as authorized by Council on May 25, 1977.
14.
OF CULTURAL
(23) Council received copies of a report dated August 3, 1977, from
Pamela Hallan, Secretary to the Cultural Heritage Commission,
setting forth actions taken at the meeting of July 12, 1977.
Councilman Friess requested that staff report on whether the
Alice Ross residence is included in the Buildings of Distinction
Program, which recognizes both typical and unusual examples
of buildings constructed between 1910 and 1940.
It was moved by Councilman Friess, seconded by Councilman
Sweeney and unanimously carried that the report be ordered
received and filed.
15. APPEAL OF PLANNING COMMISSION ACTION -
SET PUBLIC HEARING DATE (CONDITIONAL USE PERMIT
(39) Council received copies of a report dated August 3, 1977,
from the Director of Planning forwarding a letter dated
July 17, 1977, from J.J. Hoblitzell, Huntington Investments,
31551 Camino Capistrano, appealing the Planning Commission
denial of Conditional Use Permit 77-5 and forwarding the
appeal fees.
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried to schedule a public hearing
on the appeal of Planning Commission denial of Conditional
Use Permit 77-5 for the City Council meeting of Wednesday,
August 17, 1977, at 7:00 P.M. in the City Council Chamber.
SUBDIVISIONS AND ANNEXATIONS
1. TENTATIVE TRACT 9795 - AMENDMENT TO
EQUESTRIAN -TRAIL CONDITIONS OF APPROVAL
(85) Council received copies of a report dated August 3, 1977, from
the Director of Planning setting forth the revised Condition
No. 6 for Tentative Tract 9795, as directed by Council on
July 20, 1977. The Condition provides more explicit wording
to provide for the return of 5 feet of the equestrian easement
to the lot owners if a corresponding width is acquired from
adjacent property at a later date; and, no improvements were
to be required along the north tract boundary due to the use
of Duque Lane by equestrians. Mayor Heckscher requested that
the Condition be clarified so that the easement does not connect
along the south boundary to Aguacate Road; Councilman Friess
noted ttkat a loop system had been created.
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1:32
It was moved by Councilman Friess and seconded by Councilman
Nash to approve the revised and clarified Condition No. 6 as
_ .A condition of approval for Tentative Tract 9795, said condition
to be incorporated into the previously adopted resolution of
'approval. The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Nash, and
- -Mayor Heckscher
_= NE?E3: Councilman Sweeney -
ABSENT: None -
CouACilmaA--Friessrxeq-rested that the-.�.uestrian Commission
address the issue of ,trail access toAvenidade Sacarama.
ADMINISTRATIVE ITEMS:
DIRECTOR --OP- PLANNING-----
1-.-
LANNING--- —1. REQUEST FOR PROPOSAL FOR DOWNTOWN
PLAZA AND PARKING STUDY
(68) Council received copies of a report dated August 3, 1977, from
the Director of Planning forwarding a draft Request for Proposal
to be used as a framework for the preparation of a Downtown
Plaza and Parking Study, as authorized on June 1, 1977. The
selected consultant will be required to develop a Downtown
Plan and Improvement Program to resolve problems and optimize
economic potential of the 22 -acre area. The plan elements
include identification of the following:
(1) Designation of optimum land use classifications
based upon an economic study and market analysis,
as well as historic and environmental parameters;
12). -Vehicular and pedestrian systems;
-(3) -Parking areas;
(4) -Urban design and development guidelines;
{5)- Program for enhancement of existing commercial
development-; _
-(6) Methods for the preservation -and restoration
- ""_ -of-historical-structures;
(7) Implementation and phasing program; -
(8) Physical, -economic and social implications of the
study.
The framework for preparation of the Downtown Plan and the
Improvement Program is as follows:
Phase I - Determination of Objectives and Data Inventory;
Phase II- - Development of Alternative Plans and Improvement
Program;
Phase III - Public Interaction;
Phase IV - Refinement of selected Area Plan and Program
--- - -- -- Improvement.
Mayor-Heckscher suggested that letters of transmittal contain
requests for a firm price with award given for Phase I only,
in order to give the City flexibility in selection of a con-
sultant for additional phases.
It -was moved by Councilman Nash, seconded by Councilman Friess
and unanimously carried to approve the Request For Proposal as
submitted and to authorize staff to request consultant proposals.
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Mayor Heckscher invited interested persons to apply for
positions on a proposed steering committee to guide the
consultant. Emphasis will be given to appointing members of
the business community who would be affected by the Plan.
Councilman Sweeney clarified that Council Members may suggest
hppointees. Mayor Heckscher will report further on formation
-of the committee at the meeting of August 17th.
2. TREE REMVAL PERMIT (BIRTCHER)
(74) Council received copies of a report dated August 3, 1977, from
the Director of Planning regarding a tree removal request
submitted in conjunction with the proposed realignment of
an access driveway serving the 3 residences of the Birtcher
family, located off the private road extending from the
northwest side of Del Obispo Street. The intent of the Tree
Inspector is to approve the request based on the minimal view
impact caused by removal, the total number of trees on the
site, and the anplicant's intent to install replacement trees
.adjacent to the northwesterly property line for Lot 4 of Parcel
Map 91-28 and the area between the cul-de-sac and the south-
easterly property line.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell to affirm the action of the Tree Inspector in authorizing
the tree removal; the conditions for such removal to be
reformulated. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess and Nash
NOES: None
ABSTAIN: Mayor Heckscher
ABSENT: None
3.
(46) Council received copies of a report dated August 3, 1977, from
the Director of Planning forwarding a letter dated July 19, 1977,
from D. B. Sweeney, President of El Camino Ford, 535 North E1
Camino Real, San Clemente, requesting inclusion in General Plan
Amendment 77-2. The application is for a zone change designation
in the Land Use Element from 1.4 Medium Density Residential to
4.1 Quasi -Industrial to permit application for CM (Commercial
Manufacturing) zoning. The intent of the applicant is to
relocate the E1 Camino Ford and Hal Greene Chevrolet automobile
dealerships from San Clemente to San Juan Capistrano; the balance
of the property would be developed for related automotive
.applications and light industrial uses. The area in question is
located east of the San Diego Freeway and extends from the
present dead end of Valle Road approximately 2,000 feet southerly.
Special Circumstances:
In 1976 the applicant was denied a request for a General Plan
Amendment to permit an auto dealership at Rancho Viejo Road
and Mission Hills Drive due to conflict with the. General Plan,
an adverse visual effect, and proposed zoning which would be in
conflict with the existing and planned character of the area.
The currently proposed location is in the general vicinity of
designated and partially developed quasi -industrial uses. Due
to time constraints and the applicant's effort to cooperate in
finding a more acceptable site for City consideration, staff
recommaend.s that the petition be included for consideration in
General P'Ian Amendment 77-2, pursuant to Section '2.1.2 of Ordinance
No, 29.3, tike, Land Use Management Code.
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Inclusion of Petition in General P1an,Amendment 77-2:
It, was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to determine that, based on the
special circumstances set forth above, the request of D. B.
Sweeney, dated July 19, 1977, for a change in land use designa-
tion to accommodate auto dealerships and related uses shall be
included for consideration in General Plan Amendment 77-2.
4. INITIATION OF GENERAL PLAN AMENDMENT 77-3
(46) Council received copies of a report dated August 3, 1977, from
the Director of Planning fofwarding the following requeste for
inclusion in General Plan Amendment 71-3:
(1) Letter dated July 19, 1977, from Chuck King, General Partner
of Valle Estates Ltd., 26872 Calle Hermosa, Capistrano Beach
92624, requesting a change in the Land Use Element for a
50 -acre parcel of property from 2.0 General Open Space and
1.4 Medium Residential to a designation permitting 2-1/2
acre lot size residential. The property is located adjacent
to the north and east boundaries of the area known as
McCracken Hill. A change in the Circulation Element would
also be required to serve the proposed development.
(2) Letter dated July 25, 1977, from Richard A. Lumsden, AIA,
2191 E1 Camino Real, Oceanside 92054, requesting a change
in the Land Use Element for a 1.06 -acre parcel of property
from 1.4 Medium Residential to 4.1 Quasi -Industrial. The
property is located on the east side of Camino Capistrano
north of Junipero Serra. The proposal would create a small
island of quasi. -industrial land use within a large area
designated for residential uses.
Initiation of General Plan Amendment 77-3.(Kinq):
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to initiate General Plan Amendment
77-3 to include study of the request of Chuck King, Valle
Estates, Ltd., for change in land use designation on 50 acres
located north and east of McCracken Hill.
Review of Land Use Designations Adjacent to San Diego Freeway:
With the concurrence of the Council, Mayor Heckscher directed that
the Director of Planning review residential land use designations
applied to lands adjacent to the freeway within the next 90 days.
COMMISSIONS, BOARDS, AND COMMITTEES
PLANNING COMMISSION
1. PROPOSED AMENDMENT TO ORDINANCE 314,
RESIDENTIAL GROWTH MANAGEMENT, RE ANNEXATIONS
(28) It was the consensus of the Council that consideration of this
matter be held over to the meeting of August 17, 1977.
COMMERCIAL/INDUSTRIAL INCENTIVES COMMITTEE
1. STATUS REPORT/AUTHORIZATION TO HIRE CONSULTANT
(23) Council received copies of a report dated August 3, 1977, from
Mayor Heckscher, Chairman of the Commercial/Industrial Incentives
Committee, summarizing the activities of the Committee and
submitting copies of meeting Minutes, copies of questionnaires
mailed to approximately 10% of the City's registered voters
and to all of the businesses.licensed and located -within the
City, and preliminary tabulation of data received. Computer
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135
access has been donated by Endevco of San Juan Capistrano to
program the results of the survey. Further review of the data
and an interpretive report is to be prepared and submitted to
Council in the near future.
The next major task of the Committee will be an analysis of
information and preparation of recommendations based on
(1) methods to assist local businesses in meeting business and
local resident needs and (2) consideration of appropriate types
of new businesses to be attracted to the community. The
report urges that such recommendations be derived from evaluation
by a professional consultant economist who would also assist in
—
the final preparation of a comprehensive list of businesses which
-would be encouraged to locate in the City and in the evaluation
of proposed commercial and industrial incentives or development
-recommendations.
-Mayor Heckscher requested that staff be authorized to select
a consultant to assist the Committee in the formulation
of recommendations and to,interpret results of the studies.
.ft-was .moved by Councilman Nash,*seconded by Mayor Heckscher
and unanimously carried that the Mayor be authorized to incur
An expenditure not to exceed $1,000 in order to hire a consultant
for the Commercial/Industrial Incentives Program.
AGRICULTURAL PRESERVATION COMMITTEE
1. ORANGE -COUNTY AGRICULTURAL PRESERVATION TASK FORCE
(68) Council received copies of a report dated July 20, 1977', from
the Agricultural Preservation Committee forwarding a proposed
letter to be sent to Supervisor Thomas F. Riley with review
and comment on the Report of the Agricultural Preservation
Task Force of Orange County. Supervisor Riley had requested
such cgmment from Orange County Cities by letter dated
June 17, 1977.
It was moved by Councilman Nash, seconded by Councilman.Friess
and unanimously carried to authorize the Mayor to sign the
-letter on behalf of the City.
COUNCIL REMARKS
1. RESOLUTION OF COMMENDATION
(36) Councilman Friess requested that a Resolution commending
E. Patricia Hector, who recently resigned as Secretary
to the City Manager, be prepared.
ORANGE COUNTY HEALTH PLANNING COUNCIL
1. APPOINTMENT OF DELEGATE
(59) It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that Mrs. Pauline Leonard,
27589 Brookside Lane, be appointed as the City's Delegate
to the Orange County Health Planning Council due to the
resignation of John C. Gibson. Council Members expressed
their appreciation to Mr. Gibson for his service to the
City during his tenure as the City's representative.
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136
EXECUTIVE SESSION
Council recessed to executive session at 11:30 P.M. to discuss
litigation and personnel matters, the City Clerk being excused
therefrom, and reconvened at 12:25 A.M., Thursday, August 4, 1977.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned -at 12:27 A.M., August 4, 1977, to the next regular
meeting date of Wednesday, August 17, 1977, at 7:00 P.M. in the
City Council Chamber.
Respectfully submitted,
-MARY ANN OV R, CITY CLERK
ATTEST:
ONS. HECKSCHER, MAYOR-
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