77-1116_CC_Minutes_Regular MeetingNOVEMBER 160 1977
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA
214
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 Mrs. Miriam Towfig,
Baha'is of San Juan Capistrano.
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 Community Planning and Development; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of November 2, 1977:
It was moved by Councilman Sweeney and seconded by Councilman McDowell
that the Minutes of the Regular Meeting of November 2, 1977, be approved
with the addition of the following sentence at the bottom of Page 10:
"Mr. Sweeney stated his vote was in the negative due to the amount of
the charge." 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 Sweeney and seconded by Councilman Friess
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. ACCESS TO BEAR BRAND RANCH
TENTATIVE TRACT 9390, PARCEL 5A
(85) The following persons addressed the Council:
(1) Don Markowski, 32022 Paseo de Alessandro, presented the
members with written materials regarding the General Plan
designation of Calle Aspero and commented on the adverse
effect of the street being designated as a commuter street.
The Director of Public Works advised that proposed amendments
to the Circulation Element of the General Plan have been
-1- 11/16/77
2 5 reviewed by the Traffic and Transportation Commission and
that further public hearings will be held by the Planning
Commission and City Council. Councilman Sweeney advised
that the size of Calle Aspero has not changed. Mr. Markowski
also inquired into the status of appointments to the study
committee.
(2) Norlyn Dull, 25962 Calle Aspero, advised that he had not
received any written communication from the City regarding
membership on the study committee. Mr. Dull suggested that
access to Bear Brand Ranch could be attained through
Parcel 4B, Camino del Avion and Crumrine Road.
(3) Ernest Chapman, 25961 Calle Aspero, regarding designation
of Calle Aspero as a commuter, and in opposition to use of
the street for a development that is located outside of
the City.
(4) Jack Smith, 27921 Calle Ricardo, regarding committee
formation delays, and in favor of use of Lot 4B as
access to the Bear Brand development.
2. NAMING OF BIKE TRAIL SYSTEM
(62) Joe Quintana, Parks and Recreation Commissioner, addressed the
Council in support of naming the City bike trail system in memory
of Robert McCollum.
3.
CE USE
(23) Michael V. McIntire, Attorney at Law, Post Office Box 801, Santa
Monica 90406, representing Del Obispo Land Corporation, addressed
the Council in support of the use of a 20,000 -square -foot lot on
Del Obispo Street as a site for a professional office building and
stated it would be a fair use for all concerned and that the
property does not belong in the Los Rios Historic District.
WRITTEN COMMUNICATIONS
1. REQUEST FOR APPROVAL OF PROFESSIONALOFFICE USE,
LOS RIOS DISTRICT (DEL OBISPO LAND CORPORATION
(23) Council received copies of a letter hated October 24, 1977, from
Michael V. McIntire, citing background information leading to the
request for approval of development use for the lot located on
Del Obispo Street across from Paseo Adelanto.
The Director of Planning advised that the Los Rios Special District
plan concept and Environmental Impact Report have been completed
and that the Planning Commission will commence Public Hearings
on December 13th.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the property in question be excluded from the Los
Rios precise plan area. The motion failed by the following vote:
AYES: Councilmen Sweeney and McDowell
NOES: Councilmen Friess, Nash and Mayor Heckscher
ABSENT: None
After discussion, it was the consensus of the Council that the
use of the subject lot be referred to the Planning Commission
for consideration of all alternatives to provide the best benefit
for the City and the applicant. The Commission is to consider
excluding the property from the Los Rios Area and other alternatives
which may be compatible with the applicant's desires and surrounding
-2- 11/16/77
216
uses. The Planning Commission report is to be submitted to the
City Council at the meeting of December 21, 1977.
2. REQUEST FOR
(55) Council received copies of a letter dated October 26, 1977, from
R. Z. Stone, 26000 Avenida Aeropuerto, San Juan Capistrano,
Chairman of the Recreation Board of the Capistrano Valley Mobile
Estates, requesting consideration of an ordinance to allow legal
bingo games within the City. With the concurrence of the Council,
Mayor Heckscher referred the request to the City Attorney for
report on problems and benefits of this type of activity and the
types of organizations involved; a model ordinance is to be
provided with the report.
PARKS AND RECREATION COMMISSION
1. NAMING OF BICYCLE TRAIL SYSTEM IN
MEMORY OF ROBERT McCOLLUM
(62) Council received copies of a
Thomas Baker, Secretary to th
forwarding the recommendation
City Bicycle Trail System be
and that identification sign
the system.
report dated November 16, 1977, from
e Parks and Recreation Commission,
of the Commission that the entire
named in memory of Robert McCollum
s be placed at five locations within
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that the recommendation be approved,
with formal action to be taken by Resolution at the meeting of
December 7. 1977.
PUBLIC HEARINGS
1. APPROVAL OF TENTATIVE TRACT 9034
WILSHIRE DIVERSIFIED
(85) Proposal:
Approval of Tentative Tract Map 9034 and composite development
plans for 49 PD (Planned Residential) units, including greenbelt
areas and common recreation facilities, on 8.6 acres of land
located on the south side of San Juan Creek Road immediately
east of the existing San Juan Hills Golf Course Clubhouse. The
request is due to the expiration of the approved tentative map
previously submitted by Glendale Federal. The map maintains the
same development concept as the original submittal and the same
conditions of approval.
Applicant:
Wilshire Diversified, 400 North Central, Glendale, California 91209.
Written Communications:
Report dated November 16, 1977, from the Director of Community
Planning and Development, forwarding the staff recommendation of
approval made to the Planning Commission at their meeting of
October 25, 1977.
Public Hearing:
Notice having been given as required by law, Mayor Heckscber
declared the Public Hearing open 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 Tentative Tract 9034:
With the concurrence of the Council, Mayor Heckscher directed
that Condition of Approval No. 2 of the proposed Resolution be
amended to include the following: A set of Bylaws for the Home-
owners Association is to be submitted for City approval prior to
approval of the final map. Councilman Sweeney noted that the
-3- 11/16/77
temporary recreational vehicle parking area should be adequately
screened, fenced and lighted to avoid problems experienced in
other developments.
It was moved by Councilman Sweeney and seconded by Councilman
Nash that the following Resolution be adopted:
ON NO. 77-11-16-1. TENTATIVE TRACT 9034
kwilioninz 1Jlyzn011`-1L'1JJ - a npzovLU'1'1VX4 Vr rnz 1:11'x
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE TRACT 9034 (WILSHIRE DIVERSIFIED)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
2. APPROVAL OF STREET LIGHT REMOVAL -
RANCHO VIEJO ROAD MISSION HILLS DRIVE AND ALIPAZ STREET
(53) Proposal: .,
A City -initiated removal and/or de-energization"of the following
street lights:
3.
Location
Rancho Viejo Road from Junipero
Serra to the southerly terminus
Mission Hills Drive from Rancho
Viejo Road to the easterly end
of the median
Alipaz Street from Calle Jardin
to 700 feet northerly
Number of Lights
11 (removal)
3 (removal)
6 (de -energize)
A 60 -day test period has been completed during which there were no
incidents of vandalism, traffic accidents, or complaints received
as a result of turning off street lights.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open on the proposed removal and/or
de-energization of certain street lights within the City and
inquired if anyone in the audience wished to address the Council.
There being no response, the Hearing was closed.
Approval of street light removal:
It was moved by Councilman Nash, seconded by Councilman Friess
and unanimously carried to approve the reRoval of,ah street lights
on Rancho Viejo Road, 3 street lights on Mission Hills Drive, and
the permanent de-energization of 6 lights on Alipaz Street.
(53) Proposal:
A City -initiated de-energization of the following street lights
for a 60 -day test period for the purpose of determining the
effectiveness in reducing energy consumption and the impact on
safety:
-4- ii/16/77
Location
East side of Alipaz Street just
south of Del Obispo Street
East side of Paseo Adelanto just
south of Del Obispo Street
Avenida Aeropuerto from Camino
Capistrano to the railroad tracks
218
Number of Lights
1
1
4
De-energization of 8 lights on Trabuco Creek Road from Rancho
Viejo Road to the easterly terminus was originally included within
the proposed study zone but had been deleted following opposition
expressed by the Village San Juan Homeowners' Association due to
vandalism in the area.
Written Communications:
Report dated November 16, 1977, from George Alvarez, Secretary,
Traffic and Transportation Commission, forwarding the recommendation
made by the Commission at their November 3rd meeting that the
above study zones be approved.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open on the proposed de-energization
of certain street lights within the City for a 60 -day test period
and inquired if anyone in the audience wished to address the
Council. The following persons responded:
1. Robert Sycks, 29592 Orinda Road, presented a petition signed
by 23 residents of Village San Juan in support of street
light removal along Trabuco Creek Road on the basis that
the lights are a nuisance and a waste of electrical energy;
review by the Traffic and Transportation Commission is requested.
2. Marilyn Williams, 29931 Camino Capistrano, inquired if the
studies indicate a substantial.decrease in City costs and
whether liability insurance costs have increased. The
Director of Public Works advised that there is a savings
of from $7 to $10 per month for each light removed and that
there has been no increase in numbers of traffic accidents.
There being no one else wishing to address the Council, Mayor
Heckscher declared the Public Hearing closed.
Approval of 60 -day Test Period:
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the de-energization
of 1 street light on Alipaz Street, 1 street light on Paseo
Adelanto, and 4 street lights on Avenida Aeropuerto for a 60 -day
test period. It was the consensus of the Council that the Alipaz
Street area be carefully monitored for pedestrian safety, and that
staff reconsider the Trabuco Creek Road area for possible addition
to the study zones and further public hearing at a later date.
ORDINANCES
1. ORDINANCE NO. 337 REZONE 77-10
ON
LANDOLF) (ADOPTI)
(95) The City Attorney read the title of the Ordinance next in order.
Further reading of all ordinances had been waived earlier in
the meeting. The Ordinance was introduced at the meeting of
November 2, 1977. It was moved by Councilman McDowell and
seconded by Councilman Sweeney that the following Ordinance
be adopted:
-5- 11/16/77
219
ORDINANCE NO. 337 REZONE 77-10 (LANDOLF) - 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. 675-081-12 FROM
GM (GROWTH MANAGEMENT) TO RM (MULTIPLE FAMILY)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
2. ORDINANCE NO. 338 REZONE 77-6
HUSBY ADOPTION
(95) The City Attorney read the title of the Ordinance next in order.
Further reading of all ordinances had been waived earlier in
the meeting. The Ordinance was introduced at the meeting of
November 2, 1977. It was moved by Councilman Sweeney and
seconded by Councilman McDowell that the following Ordinance
be adopted:
338
-6 (HUSBY) - AN
ORDINANCE Ur" THE UIJ.0 U1' ORA dUAIN �Aciot nei�v,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF ASSESSOR'S PARCEL NO. 124-120-44 FROM
RS (SINGLE FAMILY) TO CG (GENERAL COMMERCIAL)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
3.
CIPAL
(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. The Ordinance was introduced at the meeting of
November 2, 1977. It was moved by Councilman McDowell and
seconded by Councilman Sweeney that the following Ordinance
be adopted:
ORDINANCE NO. 339, MUNICIPAL CODE PREPARATION -
REPEAL OF CERTAIN ORDINANCES - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING
ORDINANCES NUMBERED 16, 127, AND 187
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
11/16/77
s,;a
220
4
(82) The City Attorney read the title of the Ordinance next in order.
Further reading of all ordinances had been waived earlier in
the meeting. The Ordinance was introduced at the meeting of
November 2, 1977. It was moved by Councilman Nash and seconded
by Councilman Sweeney that the following Ordinance be adopted:
340. AMENDMENTS TO ORDINANCE NO. 295 -
Laftrrtli nrILTULft 11 VPI A - AIN VILL IIMI11 VX 1=- 1.111 VX
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE
NO. 295
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
5. ORDINANCE NO. 341 LIMITATIONS ON
CAMPAIGN CONTRIBUTIONS ADOPTION
(40) Council received copies of a report dated November 16, 1977,
from the City Clerk forwarding copies of a proposed ordinance
prepared by the City Attorney, as requested by Council on
November 2nd. Further changes in the ordinance suggested by
Councilman Nash for purposes of clarification were included in a
revised version of the ordinance. Mayor Heckscher requested that
Paragraph "D" read 11. . .candidate or measure to the extent that
they exceed. . ."
The intent of the ordinance is to place reasonable limits upon
campaign contributions in municipal elections to assure that the
amount of money contributed by any person or entity does not
materially influence the outcome of any election. The ordinance
limits contributions in support or defeat of any single candidate
or ballot measure or proposition to a maximum of $100 in any
single election. Anonymous contributions are limited to $200
in the aggregate; any anonymous contributions exceeding that amount
are to be placed in a special City fund to be used to defray the costs
of printing and handling Candidates' Statements or to otherwise
defray the cost of municipal elections. Violation of the ordinance
Is a misdemeanor.
The City Attorney read the title of the Ordinance next in order.
Further reading of all ordinances had been waived earlier in the
meeting. It was moved by Councilman Nash and seconded by
Councilman Friess that the following Ordinance be adopted:
ORDINANCE NO. 341, LIMITATIONS ON CAMPAIGN CONTRIBUTIONS -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING LIMITATIONS ON CAMPAIGN CONTRIBUTIONS AND
REPEALING ORDINANCES NOS. 245, 246, AND 260
The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash and
Mayor Heckscher
NOES: Councilman McDowell
ABSENT: None
-7- 11/16/77
2.21
Mr. McDowell stated that he supports the concept of the Ordinance,
but believes it is unenforceable; and, therefore, his vote is in
the negative. The Ordinance takes effect immediately since it
relates to an election.
6.
342. DI
(85) Council received copies of a report dated November 16, 1977,
from the City Manager forwarding a revised ordinance, as requested
by Council on November 2nd.
The ordinance provides that all sales documents for residential
units within subdivisions contain the -following caveat:
"NOTICE TO PURCHASER
The Land Use Management Code of the City of San Juan
Capistrano prohibits the occupancy of any residence
prior to the issuance of a Certificate of Use and
Occupancy by the City. Therefore, before finalizing
your move -in plans, you must ascertain from the
Department of Community Planning and Development of
the City of San Juan Capistrano when such a permit
will be issued."
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 Sweeney that the following Ordinance be introduced
with the deletion of the word "substantially" in the last line of
Section 2 preceeding the Notice:
REQUIRING DISCLOSURE OF INFORMATION
IMPOSED BY THE CITY ON SUBDIVISIONS
The motion carried by the following vote:
TION TO
RELATING TO CONDITIONS
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
7. ORDINANCE NO. 343 AMENDING SECTION 3.B
(23) Council received copies of a report dated November 16, 1977, from
Pamela Hallan, Secretary, Cultural Heritage Commission, forwarding
a proposed Ordinance to amend Section 3.B. of Ordinance No. 321
to read as follows:
"B. Membership: The Cultural Heritage Commission shall
consist of a total of seven (7) members, two (2) of
whom are not required to be resident electors of the
City. A majority of the current appointed membership
shall constitute a quorum at all meetings. A quorum
must include three (3) resident electors of the City."
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 to introduce the following ordinance:
TO ORDINANCE NO. 321 - 2
COMMISSIONS - AN ORDINANCE
TRANO, CALIFORNIA, AMENDING
ORDINANCE NO. 321
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 8:57 P.M. and reconvened at 9:15 P.M.
RESOLUTIONS
1. COMMEMORATING PHYLLIS M. SHAINMAN
(36) Council received copies of a report dated November 14, 1977, from
Loretta Murray, Administrative Assistant, forwarding a Resolution
commemorating Phyllis M. Shainman, respected community and civic
leader, whose untimely death occurred on October 17th. Mayor
Heckscher read the Resolution in full in recognition and appreciation
of Mrs. Shainman's numerous and outstanding contributions to the-..
enrichment of life and the betterment of the community.
moved by Councilman Sweeney and seconded by Councilman Nash that
the following Resolution be adopted:
2.
M.
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMEMORATING
PHYLLIS M. SHAINMAN
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
(40) Council received copies of a report dated November 16, 1977, from
the City Clerk forwarding a proposed Resolution revising Section 4
of Resolution No. 77-11-2-4 to read as follows:
"Section 4. That each candidate filing a candidate's
statement shall be billed for the services rendered, a sum
not greater than the actual prorated costs of printing in
English and handling, and such bill shall be due and
payable immediately upon receipt thereof."
It was moved by Councilman McDowell and seconded by Councilman
Nash that the following Resolution be adopted:
RESOLUTION NO. 77-11-16-3. CANDIDATES' STATEMENTS -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS
SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR
THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY
ON TUESDAY, THE 7TH DAY OF MARCH, 1978
-9- 11/16/77
2 23
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
3. PROPOSED RESOLUTION DESIGNATING REPRESENTATIVES
(45) At the request of the Director of Public Works, this item was
held over for consideration at the meeting of December 7, 1977.
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
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated November 16, 1977, Warrants Nos. 12752
through 12865, inclusive, and 1911 Act Account Warrant No. 0215,
in the total amount of $100,139.15, is approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF OCTOBER 31, 1977
(41) The City Treasurer's Report of Investments as of October 31, 1977,
is approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies as
of October 31, 1977, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF AUGUST 31, 1977
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the ten-month period ending August 31, 1977, is approved as
submitted.
5. CITY TREASURER'S REPORT ON INVESTMENT CLIMATE
(41) The City Treasurer's Report entitled "Comments on Investment
Climate" and dated November 7, 1977, is ordered received and
filed.
6. REPORT OF PLANNING COMMISSION MEETING
OF NOVEMBER 8, 1977
(67) The Report of Actions taken by the Planning Commission at its
meeting of November 8, 1977, is approved as submitted.
7. REPORT OF CULTURAL HERITAGE COMMISSION
MEETING OF NOVEMBER 1, 1977
(23) The Report of Actions taken by the Cultural Heritage Commission
at its regular meeting of November 1, 1977, is ordered received
and filed.
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224
8. FINAL MAPS, TRACTS 9382, 8485, AND 7673 (MAURER)
(85) At the request of the Director of Public Works, consideration
of the Maurer tract maps are postponed to a later date is the
result of a meeting with the State Historical Preservation
Officer and the developer. Mr. Friess requested receipt of infor-
mation on grading within the tracts.
9. APPROVAL OF FINAL MAP AND SUBDIVIS
(85) The Final Map for Division of Land 77-6 is approved with the
determination that said map is consistent with the General Plan
and in substantial compliance with the approved Tentative Map.
All fees have been paid and all conditions of approval met:
faithful performance, labor and material, and monument bonds have
been obtained. The Subdivision Agreement and the Agreement
Relating to the Postponement of Requirements to Install Public
Improvements between the City and Rowe Sanderson, III, 32092 Via
Alicia, San Juan Capistrano 92675, are approved, the Mayor is
authorized to sign said Agreements on behalf of the City, and the
City Clerk to attest thereto.
10. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT
TRACT 9034 WILSHIRE DIVERSIFIED
(85) The Final Map for Tract 9034 is approved with the determination
that said map is consistent with the General Plan and in substantial
compliance with the approved Tentative Map. All fees have been
paid and all conditions of approval met; faithful performance,
labor and material, and monument bonds have been obtained. The
Subdivision Agreement between the City and Wilshire Diversified,
Inc., 400 North Central Avenue, Glendale, California 91209, is
approved, the Mayor is authorized to sign the Agreement on behalf
of the City, and the City Clerk to attest thereto.
11. ACCEPTANCE OF IRREVOCABLE DOCUMENTARY CREDITS AND
(85) The three Irrevocable Documentary Credits issued by California
First Bank and dated October 19, 1977 in the amounts of $30,450
for labor and materials, $30,450 for faithful performance, and
$5,200 for private improvements are accepted and the City Clerk
is authorized to release the letter agreements dated July 28, 1977,
currently being held in conjunction with Tract 9682.
12. CROSS -COMPLAINANT'S CLAIM AGAINST THE CITY
AT_TVPD VTT TT AT.
(35)
The Claim filed by Revere, Citron and Wallace on behalf of Norris
Roberts, Inc., dba San Clemente Honda, is rejected pursuant to
Section 911.2 of the Government Code, since the Claim was presented
later than the 100th day after the accrual of the cause of action;
the City Clerk is directed to notify the Attorneys for Claimant
of the rejection.
(23) The Amendment to the Bylaws requested by the Cultural Heritage
Commission is approved. Section 3.3 is amended to read as
follows:
"Section 3.3. If a quorum fails to materialize at a
meeting, a workshop may be held in lieu of a regular
meeting, but no official action may be taken."
-11- 11/16/77
,225
14. APPROVAL OF TREE REMOVAL PERMIT,
DIVISION OF LAND 77-4 (MILLER PHELPS)
(85) The determination of the Tree Inspector in approving the tree
removal permit for Division of Land 77-4 is confirmed, subject
to replacement planting, and based on the findings of James
M. Griffin, the City's landscape consultant that the trees
suffer from severe crown and heart rot. One elderberry and
four California sycamore trees adjacent to the Capistrano Airport
will be removed; replacement includes one 72" box and four 48"
box trees to be approved by the Tree Inspector.
15. APPROVAL OF TREE REMOVAL PERMIT,
TRACT 9184 (FORESMAN)
(85) The determination of the Tree Inspector in approving the tree _
removal permit for 140 orange trees in Tract 9184 is confirmed
since the tree removal was included in the staff analysis of the
tract map and grading plan for a driveway and residence area.
16. APPROVAL OF TREE REMOVAL PERMIT
(HENSON)
(74) The determination of the Tree Inspector in approving the tree
removal permit for 137 orange trees and 2 avocado trees located
on a 2+ acre parcel of land at the terminus of the private extension
of Via de Linda is confirmed to allow construction of a new
residence.
17. APPROVAL OF COOPERATION AND ASSURANCE AGREEMENTS -
(23) The Cooperation Agreement and Assurances between the City and
the County of Orange for Title I Housing and Community Development
Act of 1974 funds is approved and the Mayor is authorized to
execute the Agreements on behalf of the City. The funds are
earmarked for the Los Rios Area.
ADMINISTRATIVE ITEMS
ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
1. CITY INSURANCE - RATIFICATION OF AMENDMENT
(49) Council received copies of a report dated November 16, 1977, from
the Assistant City Manager regarding the City insurance carrier's
request that the City's 1977-78 law enforcement contract provide
a stronger hold harmless clause: Due to conflicts with wording
satisfactory to both the insurance carrier and the County,
provisions relating to City official performing police -related
duties are to be excluded from liability coverage. Police
functions performed by the Sheriff are covered by County insurance.
Other insurance coverage options will be investigated and progress
reports made to Council.
Councilman McDowell requested that the Contract Cities Organization
be contacted for comparison of liability coverage.
It was moved by Councilman Nash, seconded by Councilman McDowell
and unanimously carried to ratify the City liability insurance
policy coverage with a liability exclusion for police or law
enforcement.
2. PROPOSED AMENDMENT TO LAW ENFORCEMENT
SERVICES CONTRACT (COUNTY OF ORANGE
(38) At the request of the City Manager, this item was held over for
consideration at a later date.
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DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 226'"
1. REVIEW OF COUNTY FIRE STATION
ARCHITECTURAL PLAN
(42) Council received copies of a report dated November 16, 1977, from
the Director of Community Planning and Development forwarding the
comments and recommendations made by the Planning Commission at
its meeting of November 8, 1977, on the proposed elevation and site
plan for the County Fire Station to be located on Del Obispo Street.
Although not required to submit to the City's Development Review
Process, the County has agreed to present the proposed plan to
the City for comment. A determination of consistency with the
General Plan is required. The Planning Commission recommendations
are as follows:
(1) Full pitch roof on equipment garage;
(2) Office and equipment roofs to be coordinated into one
structural design;
(3) Suggested consideration of tile rather than shake;
(4) Recommended that the roof design be revised to match
eave location of office area with equipment room;
(5) Suggested use of alternative building materials for north -
facing elevation (board/batt, masonry, etc.);
(6) It was suggested that the revised structure be designed in
such a manner that it recognizes the historical significance
of the adjacent area and the City's expressed concern on
compatibility with existing structures.
Council also received copies of a letter dated November 15, 1977,
from Supervisor Thomas F. Riley setting forth modifications made
to the County fire station standardized design in order to meet
City architectural standards and requesting that the proposed
station be found consistent with the General Plan.
The City Manager noted that the site is the most expensive ever
acquired by the County for a fire station and that the City
and its volunteer firemen had requested selection of the Del
Obispo site. Mr. Mocalis suggested that it may be appropriate
for the City to provide funding to accomplish the improvements
recommended by the Planning Commission.
It was moved by Councilman Friess and seconded by Councilman
Nash to determine that the conceptual building elevations and
site plan are consistent with the Community Design Element of the
General Plan provided that the recommendations of the Planning
Commission are included; and, suggest to the Orange County Board
of Supervisors that the City would be willing to participate in
any additional costs not to exceed $10,000 to meet those specifica-
tions; staff is to ascertain whether the County would contribute
some portion of the cost of upgrading the structures. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash and
Mayor Heckscher
NOES: Councilman McDowell
ABSENT: None
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. SANITARY SEWER AGREEMENT, COAST BIBLE CHURCH
(38) At the request of the Director of Public Works, consideration of
this item was held over to the meeting of December 7, 1977.
2. AMENDMENT TO 1977-78 FISCAL BUDGET FOR
(79) Council received copies of a• report dated November 17, 1977, from
the Director of Public Works forwarding revised operating budget
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227
sheets for fiscal years 1977-82 for operation of the SERRA Water
Pollution Control Facility. Revisions in the amount of $37,000
are proposed for the following Accounts:
(1) Sewer Enterprise Fund Balance Statement
(2) Program Summary for the Sewer Enterprise Fund
(3) Personnel Summary _
(4) Maintenance and Operation Summary
(5) Capital Outlay Summary
(6) Capital Projects, Sewer Enterprise Fund
(7) Schedule of Reserves, Sewer Enterprise Fund
It was moved by Councilman McDowell and seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 77-11-16-4. AMENDING THE FI
Sun 171 1 -0G - Dn"zrL 811 1r'rLrn1QrJ X uxyiJ - a nZouLU 11 VP1
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE FISCAL BUDGET FOR 1977-82
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
Council directed that the following amendments be made to the
description of Capital Projects July 1, 1977 - June 30, 1982,
for the Sewer Enterprise Fund:
(1) Valle Road to be identified as "Valle Road, Phase I;"
(2) Sacarama-Aguacate to be identified as "Aguacate;"
(3) McCracken Hill to be identified as "Valle Road, Phase II."
COUNCIL REMARKS
1. IDENTIFICATION OF HANDICAPPED PARKING SPACES
(64) Councilman Sweeney requested that the Director of Public Works
ascertain if there is a State requirement that parking spaces for
the handicapped be painted in a blue color.
2. PROPOSED COUNCILMANIC DISTRICTS
(32) Councilman McDowell noted that the Calle Aspero/Bear Brand Ranch
controversy has received more consideration than it would under
a Councilmanic District type of representation.
3. STATUS OF DEVELOPMENT PROJECTS
(85) Councilman Friess requested that a summary of the status of
development projects be added to the TO DO LIST for report by
the City Manager. Mr. Friess also noted he had not received
Minutes of the Environmental Review Board meetings.
4. WEED ABATEMENT
(74) Councilman Nash noted the weed growth in the ditch along Camino
del Avion.
5. GENERAL PLAN CIRCULATION ELEMENT
(46) Councilman Nash noted that a recent article in a local newspaper
regarding the Circulation Element of the General Plan created some
confusion since it did not contain the most current map.
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Z28
COUNCIL ACTIONS
1. APPOINTMENT TO PLANNING COMMISSION -
MICHAEL BERNS
(67) Councilman Nash nominated Dr. Michael Berns to fill the existing
vacancy on the Planning Commission and Councilman Friess seconded.
Councilman McDowell nominated Mary Jane Forster and Councilman
Sweeney seconded.
There being no further nominations, a vote was taken on the
nomination of Michael Berns and the appointment was made by the
following vote:
AYES: Councilmen Nash, Friess and Mayor Heckscher
NOES: Councilmen Sweeney and McDowell
ABSENT: None
Mr. Sweeney noted that his vote was in the negative since he
believes that Dr. Berns is too identified with a definite point
of view on growth control.
2. APPOINTMENT TO EQUESTRIAN COMMISSION -
MILTON L. LONG
(23) Councilman Friess nominated Milton L. Long to fill the existing
vacancy on the Equestrian Commission and Councilman Nash seconded.
Mayor Heckscher nominated Gloria Rogers and Councilman Sweeney
seconded.
There being no further nominations, a vote was taken on the
nomination of Milton L. Long and the appointment was made by the
following vote:
AYES: Councilmen Sweeney, McDowell, Friess and Nash
NOES: Mayor Heckscher
ABSENT: None
3. APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW
(23) It was moved by Councilman Nash, seconded by Councilman Friess and
unanimously carried that the Planning Commission be directed to
appoint one of their members to fill the existing vacancy on the
Architectural Board of Review.
4. CITY ATTORNEY
(30) It was the consensus of the Council that the City Attorney
be directed to proceed to abate the nuisance caused by the
alarm at San Juan Builders Supply, 32102 Paseo Adelanto.
5. BEAR BRAND RANCH ACCESS STUDY COMMITTEE
(85) Council received copies of a memorandum dated November 16, 19770
from the City Manager providing a list of persons for possible
appointment to the Bear Brand Ranch Access Study Committee.
Mayor Heckscher requested receipt of input from Council Members
so that appointments may be made.
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229
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 10:22 P.M. to the next regular meeting date of Wednesday
December 7, 1977, at 7:00 P.M. in the City Council Chamber.
ATTEST:
O. HECKSCHER, MAYOR
Respectfully submitted,
MARY AN HANOV , CITY CLERK
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