77-1207_CC_Minutes_Regular MeetingDECEMBER 7, 1977
230
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 Mr. Dale Hickey,
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 Community Planning and Development; Thomas Baker, Director
of Recreation; George Alvarez, Traffic Engineer; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of November 16, 1977:
It was moved by Councilman Sweeney and seconded by Councilman McDowell
that the Minutes of the Regular Meeting of November 16, 1977, be approved
with the following amendments: Page 5, Public Hearing, correct the
name to Robert Sycks; Page 7, Item 5, second paragraph, ninth line,
change to read, ". . . in a special City fund ." 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 Nash
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. I REQUEST FOR WA
SOUTH COAST C:
(93) Michelle Scott, South Coast Clovers 4-H Club, 31722 Via Belardes,
requested approval of their request for a waiver of the $50 zone
variance filing fee in conjunction with a new 4-H farm site.
The item is scheduled for the Council meeting of December 21, 1977
2. AMENDMENT TO GENERAL PLAN CIRCULATION ELEMENT
(46) The following persons addressed the Council:
-1- 12/7/77
231
1.
Jim Allen, 33292 Via Mayor, spoke in opposition to the
General Plan designation of Alipaz Street as a primary
highway and in opposition to the southern extension of
Alipaz Street due to traffic volumes, proximity to a
school, the possibility of "bottleneck" traffic situations
where the street decreases to two lanes, destruction of
wildlife, adjacent trails utilized by five developments,
existing catch basins along both sides of the street, noise
and pollution.
2.
Pat Douglas, Rio Vista area, spoke in opposition to the
Alipaz Street extension north of Del Obispo Street from
both a financial and environmental aspect and cited traffic,
noise, and pollution. Ms. Douglas noted that the homes
in her area front on Alipaz.
3.
Sharon Allen, 33292 Via Mayor, noted that freeway noise
bounces across the valley and affects everyone and that the
valley will become a traffic corridor rather than a scenic
area; an extension of Alipaz does not conform to agricultural
land use; the projected 40,000 cars per day would generate
noise, traffic and pollution.
4.
Nanette Banbury, 25982 Via del Rey, requested that Council
give serious consideration to the southern extension of
Alipaz and noted that traffic would be 18' from their fence
causing noise and pollution; the roadway would narrow to
an 80' width with no parking on either side.
5.
Frances Lingo, 33241 Via Mayor, spoke in opposition to Alipaz
Street use as a primary highway since traffic would back up
from Pacific Coast Highway, suggested that the San Diego
Freeway be widened instead, and stated there appears to
be a lack of information to the public.
6.
Robert Cool, 26462 Calle Rio Vista, stated the Council
has a choice of either retaining the City as it currently
exists or allowing it to become the size of Los Angeles.
7.
Stephen Michalec, 808 North El Camino Real, San Clemente,
requested that an early decision be made.
8.
John Stressman, 31756 Via Belardes, noted his opposition to
Alipaz as a four -lane road and suggested that it be a
two-lane road with bike paths and landscaping.
3. SENIOR CITIZEN AD HOC RECREATION COMMITTEE
(62) Gillian Cannon, 26467 Calle San Luis, member of the Parks and
Recreation Commission, addressed the Council in support of the
appointment of an ad hoc Senior Citizen Committee by the Parks
and Recreation Commission.
4. NOISE COMPLAINT - WATER WELL SITE
(72) Ron Shearer, 26561 Briarwood Lane, addressed the Council to
protest the noise and vibration caused by a Waterworks District
well site near his home.
5. COUNCIL PROCEDURES -
CAPISTRANO COMMUNITY AFFAIRS COUNCIL
(61) Marilyn Williams, President, Capistrano Community Affairs Council,
requested that their letter regarding Procedural Recommendations
be placed on the City Council Agenda as a written communication.
Mayor Heckscher requested that the item be placed on the Agenda
of December 21st.
-2- 12/7/77
23�
PUBLIC HEARINGS
1. GENERAL PLS
(46) Proposal:
A City -initiated Amendment to the Circulation Element of the
General Plan and adoption of the Master Plan of Streets and
Highways. The amendments to the Circulation Element recommended
by the Planning Commission at their meeting of November 23, 1977,
include text changes and the following map changes:
-3- 12/7/77
Street or Highway
Limits
Recommendation
1.
Unnamed Commuter
North from Junipero
Add
Serra Road
2.
Junipero Serra Road
Rancho Viejo Road to
Delete
E1 Horno Road
3.
Unnamed Commuter
El Horno Road to
Delete
La Pata
4.
Avenida Siega
Ortega Highway to
Retain
Calle Arroyo (Tierra
del Caballo)
5.
Calle Arroyo
La Novia to Tierra
Add
del Caballo
6.
Camino del Avion
Alipaz Street to
Delete
Camino Capistrano
7.
"Crumrine" Commuter
Aguacate Road west
Add
to City limits
8.
x
Unnamed Commuter
Aguacate Road to
Delete
Alipaz Street
9.
Avenida Aeropuerto
Alipaz Street to
Delete
industrial park
(over creek)
10.
Del Obispo Street
Near Stonehill Drive
Realign to
and Alipaz Street
intersect
Alipaz Street
south of
Stonehill Dr.
11.
Via de Agua
Meredith to Camino
Delete
Las Ramblas
12.
Unnamed Commuter
San Juan Creek Road
Delete
to Camino Las Ramblas
13.
"Route D" Commuter
Via California over Window 'Add
Hill to Avenida Calita
14.
"Route E" Commuter
Camino Las Ramblas to
Add
Calle Miramar
15.
"Livacich" Commuter
Terminate street before
Delete
extension
City boundary (delete
beyond City limits)
The
Planning Commission
also recommends adoption of
the Master
Plan of Streets and Highways to conform with the Circulation
Element
-3- 12/7/77
2 3a�d the formation of a special committee to study and report on
the impacts of the proposed southerly Alipaz extension and
Stonehill valley crossing.
Councilman Nash noted that an error exists on the Master Plan in
that commuter and arterial highway descriptions are reversed.
Written Communications:
Report dated December 7, 1977, from the Director of Community
Planning and Development forwarding the Planning Commission
recommendation of approval, amended map and amended text of
the Circulation Element, and map of Master Plan of Streets
and Highways.
(2) Letter dated December 6, 1977, from Bill Timoti, 25702 Calle
Jardin, in opposition to the extension of Alipaz Street.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in the
audience wished to address the Council; the following persons
responded:
1. Wyatt Hart, Chairman of the Traffic and Transportation
Commission, advised that he was present to answer any
questions.
2. Ted Michegan, 15707 East Imperial Highway, La Mirada,
advised that he is a general partner on the "knoll" property
and wishes to be on record in opposition to the straight -
across alignment of Stonehill since it would bisect their
property; an early Council decision was requested.
3. Lloyd Archibald, 31746 Via Belardes, spoke in opposition
to the Alipaz extension since it would bypass the downtown
commercial area.
4. Marilyn Williams, President, Capistrano Community Affairs
Council, requested that the arterial highway funds of the
City not be placed in jeopardy since the City Master Plan
does not match the County Master Plan.
5. Paul Yoder, 26961 Calle Granada, Capistrano Beach, interested
partner in the "knoll" property, noted that the straight -
across alignment of Stonehill Drive would necessitate freeway
ramp changes involving the State and cited the high cost of
any modifications to the intersection at Camino Capistrano.
There being no one else wishing to address the Council, Mayor
Heckscher declared the Public Hearing closed.
Councilman Friess requested information regarding the relationship
of the County and City master plans and whether funding would be
jeopardized if the City's plan varied significantly from the
County plan. The Director of Public Works advised that there is
a possibility that funding could be jeopardized if the plan does
not substantially comply with the arterial highway system, as
determined by County staff and the Board of Supervisors.
Councilman McDowell suggested that Dana Point access should be
linked to the freeway at Victoria Boulevard in Capistrano Beach.
The Traffic Engineer advised that the location had been considered
in County alignment studies, but it had been determined that the
straight -across alignment was preferable.
Councilman Nash noted that the southern extension of Alipaz would
only benefit the County and that the City already has north -south
access through Del Obispo Street, Camino Capistrano and the San
-4- 12/7/77
X34
Diego freeway, with a possible future use of Valle Road. Mr.
Nash stated he could support designating a portion of Alipaz
south of Del Avion as a commuter with a cul-de-sac at the south
end to provide dual access to the Troy, Mission Bell homes area;
designating Alipaz north of Del Obispo as an arterial could not
be supported since residents of the City would not be benefited,
additional traffic would jeopardize agriculture preservation, there
would be an adverse impact on the air quality of the valley.
Councilman Friess noted that Alipaz Street should not be extended
beyond the City limits, agreed that the southern extension should
end in a cul-de-sac and that the street should be designated as
a commuter road, and cited his concern with traffic flow through
the City to the Dana Point area.
Councilman Sweeney noted that although he would prefer not to have
a valley crossing, Stonehill Drive appears the best, would agree
to the designation of Alipaz as a commuter road if it were con-
nected and used, rather than ending in a cul-de-sac.
Wyatt Hart noted that the Traffic Commission recommended that
the Street of the Golden Lantern be connected through County
territory to serve the Dana Point area.
Mayor Heckscher noted that there had been alternatives for
Stonehill Drive other than the straight -across alignment, that
connecting Stonehill to the freeway would necessitate a major
project with construction of a number of on and off ramps, that
a landscaped median on Alipaz would discourage its use as a
secondary or primary access.
Councilman Nash noted that pages C-3 and C-4 of the proposed
text changes needed updating.
It was moved by Councilman Nash and seconded by Councilman Friess
that additional changes be made on the list of Recommended Map
Changes, as follows: (1) add Alipaz Street as a commuter from
Junipero Serra to the Mission Bell Tract; (2) delete Alipaz south
of the Mission Bell Tract; and further that General Plan Amendment
77-3A be adopted in accordance with that amended Plan and that
the Master Plan of Streets and Highways be amended in accordance
therewith; and,that Stonehill be modified with both a north "on"
and a south "off" ramp. The motion failed by the following vote:
AYES: Councilmen Friess and Nash
NOES: Councilmen Sweeney, McDowell and
Mayor Heckscher
ABSENT: None
Adoption of General Plan Amendment 77-3A (Circulation Element):
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the following additions be made to the list of
Recommended Map Changes:
Street or Highway
Limits
Recommendation
16. Alipaz Street North of Del Obispo Plan as a secondary;
Street to Junipero to be built to com-
Serra muter standards only
when a need exists
17. Alipaz Street South from Del Obispo Plan as a secondary,
Street to the Stonehill build to commuter
extension standards
-5- 12/7/77
235 Street or Highway Limits
With the concurrence of Councilmen Sweeney
and McDowell, Mayor Heckscher amended the
motion by the addition of the following
to No. 17, Recommendation:
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell and
Mayor Heckscher
NOES: Councilmen Friess and Nash
ABSENT: None
Recommendation
with no construction
until such time as
the Stonehill exten-
sion to the freeway
is built so that
the streets can
connect.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the following Resolution be adopted:
77-12-7-1
77-3A
CIRCULATION ELEMENT) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
GENERAL PLAN AMENDMENT 77-3A, AN AMENDMENT TO THE CIRCULA-
TION ELEMENT OF THE CITY'S GENERAL PLAN
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell
and Mayor Heckscher
NOES: Councilmen Friess and Nash
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:10 P.M. and reconvened at 9:30 P.M. and completed
consideration of General Plan Amendment 77-3A.
Adoption of Master Plan of Streets and Highways:
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the following Resolution be adopted, said Master
Plan to conform with the adopted Circulation Element:
RESOLUTION
vrr_Uwevc —
-2. MASTER
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A
MASTER PLAN OF STREETS AND HIGHWAYS
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell and
Mayor Heckscher
NOES: Councilmen Friess and Nash
ABSENT: None
Stonehill Drive Extension to Freeway:
It was moved by Councilman Friess and seconded by Councilman
Sweeney to recommend to the County that the Stonehill Drive
crossing be straight across the valley, to re -affirm the City's
-6- 12/7/77
236
previous recommendation in that regard with the condition that
on and off ramps be provided at the freeway access. The motion
carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess and
Mayor Heckscher
NOES: Councilman Nash, who indicated his vote was in the
negative due to the previous motion
ABSENT: None
2. WITHDRAWAL OF GENERAL PLAN AMENDMENT 77-3B -
FORSTER CANYON COMPREHENSIVE PLAN_ KING
(46) Pursuant to the recommendation of the Planning Commission and
with the consent of the applicant by letter dated November 17,
1977s it was moved by Councilman Nash, seconded by Councilman
Friess and unanimously carried to withdraw Item B from General
Plan Amendment 77-3 and continue it as a part of General Plan
Amendment 78-1; and, to direct the Planning Commission to continue
review of the item in order to forward a recommendation on the
amendment at an early date.
93
(85) Proposal:
UNIT ALLOCA
request for dwelling unit allocations under the provisions of
Ordinance No. 314 (Growth Management) as amended to permit the
construction of 32 residential units during calendar year 1978
for a project eligible for annexation to the City. The 16 -acre
property is located at the southwesterly terminus of Via Escolar
immediately north of Village San Juan and is known as Assessor's
Parcel No. 650-011-07. The tentative tract and prezone were
approved on April 6, 1977; a Negative Declaration has been issued.
Applicant:
Ervin Engineering, 4500 Campus Drive, Suite 114, Newport Beach
92660, on behalf of Richard Mogan, the property owner.
Written Communications:
Report dated December 7, 1977, from the Director of Community
Planning and Development forwarding the recommendation made by
the Planning Commission at their meeting of November 8, 1977,
that the growth management phasing schedule be established at
16 dwelling units during 1978 and 16 dwelling units during 1979 and
that the project be allocated 51 points on the Project Rating Scale.
Councilman Nash requested that future reports include a roster of
the Project Rating Scale allocated to each development for compari-
son purposes.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in the
audience wished to address the Council. There being no response,
the Public Hearing was declared closed.
Adoption of Project Rating Scale:
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to adopt a Project Rating Scale
point rating of 51 points for Tentative Tract 9578 based on a
Specific Criteria of 29 points and a General Criteria of 22 points
as set forth in Attachment C of the Planning Department report.
Adoption of Project Phasing Schedule:
It was moved by Councilman Sweeney and seconded by Councilman
Friess that the following project phasing schedule be adopted:
-7- 12/7/77
237 No. of Dwelling Units for Which
Calendar Year Building Permits May be Issued
1978 16
1979 16
The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash
and Mayor Heckscher
NOES: Councilman McDowell, due to complaints that
will arise from phased construction
ABSENT: None
Processing of Annexation:
It was moved by Councilman Sweeney and seconded by Councilman
Friess that staff be authorized to submit the application
materials necessary for processing the annexation through the
Local Agency Formation Commission. The motion carried by the
following vote:
AYES: Councilmen Sweeney, Friess, Nash
and Mayor Heckscher
NOES: Councilman McDowell
ABSENT: None
3. HOUSING AND COMMUNITY DEVELOPMENT ACT -
FOURTH YEAR PROGRAM (LOS RIOS AREA)
(38) Proposal:
City application for fourth year funding under the County Housing
and Community Development Grant Program for projects to be con-
sidered as part of the implementation phase of the Los Rios
Precise Plan. The area designated for expenditure of funds is
commonly known as Los Rios -Little Hollywood and is bounded by
Trabuco Creek on the west, Del Obispo Street on the south, Santa
Fe Railway right-of-way on the east, and Tract 7196 on the north.
The project has been reviewed and processed in accordance with
the California Environmental Quality Act; the City's Environmental
Review Board has determined that the project will have a significant
impact on the environment.
Written Communications:
Report dated December 7, 1977, from the Director of Community
Planning and Development forwarding the necessary documentation.
Mr. Merrell advised that County contingency funds may be available
to increase the allocations for construction of drainage and sewer
systems.
Public Hearing: _
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in the
audience wished to address the Council. There being no response,
the Public Hearing was closed.
Approval of Fourth Year Grant Application:
It was moved by Councilman Nash and seconded by Councilman
Sweeney to approve the fourth year grant application, which
includes the Assurance and Cooperation Agreements (approved
by the City Council on November 16, 1977), Housing Assistance
Plan, and funding request for specific project implementation,
by adoption of the following Resolution:
-8- 12/7/77
77 -
THE CITY COUNCIL OF THE CI
CALIFORNIA, APPROVING THE
THE HOUSING AND COMMUNITY
PROGRAM WITH THE COUNTY O
Fvlln ITL - t nGovV U11v1N yr
TY OF SAN JUAN CAPISTRANO,
CITY'S PARTICIPATION IN
DEVELOPMENT BLOCK GRANT
ORANGE
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
The grant proposal and preliminary funding estimates are as
follows:
Public Improvements:
(a) Design and construct a drainage system for the project
area in'order to relieve current flooding problems on
Los Rios, Ramos, and Mission Streets - $226,000
238.
(b) Design and construct a sanitary sewer system to service
all residential units within the project area - $107,000
(c) Design and construct street improvements for Ramos, Los
Rios, and Mission Streets without altering the rural
character of the neighborhood - $291,000
Housing Rehabilitation:
a Establishment of a "fix up" grant program which would allow
existing residents to make minor repairs and improvements
to the current housing stock. As noted in the Housing
Assistance Plan (Exhibit C), major emphasis has been placed
upon the rehabilitation of the existing housing in order
to prevent possible dislocation of existing low and moderate
income families - $25,000
4
CT
(55) Proposal:
pied amendment to Section 3.4.15.0 of Ordinance No. 293
to permit the location of thrift shops in the CM (Commercial/
Manufacturing District), subject to a Conditional Use Permit.
The proposed Code Amendment is exempt from environmental review
requirements.
Application:
The proposed Amendment was prompted by a request made by the
Assistance Guild of Capistrano Valley to establish a thrift
shop in Sycamore Plaza.
Written Communications:
Report dated December 7, 1977, from the Director of Community
Planning and Development forwarding the recommendation made by
the Planning Commission at its meeting of November 22, 1977,
that Ordinance No. 293 be amended to add secondhand shops as
a conditional use in the CM District.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in the
audience wished to address the Council. There being no response,
the Public Hearing was closed.
-9- 12/7/77
Ontroduction of Ordinance No. 344:
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; seconded by
Councilman Sweeney that the following Ordinance be introduced:
AMENDMENT
NO. 293
(SECUNll11ANll .�"1"ViLriA) - eiiv vntiiivntva.aa yr auu .,i.. ..�
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE
NO. 293, TO PERMIT SECONDHAND STORES IN THE CM
(COMMERCIAL MANUFACTURING) DISTRICT SUBJECT TO APPROVAL
OF A CONDITIONAL USE PERMIT
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
Mayor Heckscher noted that the Ordinance should apply to
applications by local, charitable organizations.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 342 - /
DISCLOSURE OF INFORMATION TO HOMEBUYERS
IN SUS DIVISIONS
(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. The Ordinance was introduced at the meeting of
November 16, 1977. It was moved by Councilman McDowell and
seconded by Councilman Sweeney that the following Ordinance
be adopted:
ORDINANCE NO. 342, DISCLOSURE OF INFORMATION TO
HOMEBUYERS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REQUIRING DISCLOSURE OF
INFORMATION RELATING TO CONDITIONS IMPOSED BY THE
CITY ON SUBDIVISIONS
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
2. ADOPTION OF ORDINANCE NO. 343 - AMENDMENT TO
ORDINANCE NO. 321 REGARDING QUORUM FOR CULTURAL HERITAGE
COMMISSION MEETINGS
(23) 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 16, 1977. It was moved by Councilman McDowell and
seconded by Councilman Nash that the following Ordinance be
adopted:
ORDINANCE NO, 343, AMENDMENT TO ORDINANCE NO. 321 -
ESTABLISHING CITY BOARDS AND COMMISSIONS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ORDINANCE NO. 321
-10- 12/7/77
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
3. PROPOSED AMENDMENT TO WEED AND NUISANCE
ABATEMENT PROCEDURE
(74) At the request of staff, this item was ordered held over to
a later date.
RESOLUTIONS
1. NAMING OF BIKEWAY SYSTEM IN
MEMORY OF ROBERT MCCOLLUM
(62) Proposal:
Naming the entire City bicycle trail system the Robert McCollum
Bike Trail System in memory and appreciation of Mr. McCollum's
civic -minded efforts in enhancing the quality of life and
promoting recreation interests in the City.
2.
Written Communications:
Report dated December 7, 1977, from Loretta Murray, Administrative
Assistant.
Adoption of Resolution No. 77-12-7-4:
It was moved by Councilman Sweeney and seconded by Councilman
Nash that the following Resolution be adopted:
RESOLUTION NO. 77-12-7-4, NAMING BICYCLE TRAIL SYSTEM -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, NAMING THE CITY'S BICYCLE
TRAIL SYSTEM IN HONOR OF ROBERT McCOLLUM
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
Mayor Heckscher requested that the City Clerk deliver the
Resolution to Mrs. McCollum.
ING PROGRAM SUBMITTAL. 1978-79 -
(44) Proposal:
Resubmittal of Camino Capistrano improvement project for funding
under the County Arterial Highway Financing Program in the amount
of $116,000 in County -City matching funds, with a total estimated
cost for public and private improvements of $318,000. The project
area extends from Del Obispo Street to Avenida Padre and consists
of new curbs and gutters, a landscaped parkway between the highway
and frontage road, with street widening on the east side to ac-
commodate four travel lanes; a raised, landscaped median will be
constructed between Del Obispo and Golondrina with left turn signal
phasing on Camino Capistrano; a master planned storm drain
facility will be constructed between Del Obispo and La Paloma.
Proceedings for the formation of an assessment district will
begin in February, 1978, with construction to commence in
March, 1979.
-11- 12/7/77
241
Written Communications:
Report dated December 7, 1977, from the Director of Public
Works recommending project submittal approval.
3.
Adoption of Resolution No. 77-12-7-5:
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted:
RESOLUTION NO. 77-12-7-5
HIGHWAY
PROGRAM SUJ3M1'1"1'AL, l f"I.... - A z70V ,u"vi' vc
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE
ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF
CAMINO CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
Councilman McDowell noted that although he supports the
improvements, the project should be paid totally by Gas Tax
funds and should not include participation by property owners
in an assessment district.
1977-82
SI
(24) Proposal:
Revisions to the 1977-82 fiscal budget for the Building and Safety
and Engineering Development Processing Divisions of the Public
Works Department in anticipation of in-house Building and Safety
services to commence July 1, 1978. The revisions include
amendments to Program and Personnel and Capital Outlay Summaries.
Written Communications:
Report dated December 7, 1977, from the Director of Public Works
recommending approval of the budget revisions.
Mr. Murphy introduced Mr. Norbert Cochran, Building and Grading
Engineer, who commenced employment with the City on September 23,
1977.
Approval of Budget Amendment:
It was moved by Councilman McDowell; seconded by Councilman
Sweeney, that the following Resolution be adopted:
UTION NO. 77-12-7-6
BUDGET FOR 1977-82
MLNT Y1{UI:h6i UNU - A nr DVLU iivly VX inn "LA a wv"� A" w.
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
BUDGET FOR 1977-82 FISCAL YEARS
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
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4. REPRESENTATIVES TO ORANGE COUNTY SOLID WASTE
1fA 11A /`.LASLITT �TL./1DlTLANR TT A�L 7AT
(45) At the request of the Director of Public Works, this item was
ordered held over for consideration at the Council meeting
of December 21, 1977.
CONSENT CALENDAR
242
It was moved by Councilman McDowell 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
1. APPROVAL OF WARRANTS
(41) The List of Demands dated December 7, 1977, Warrants Nos. 12866
through 12963, inclusive, in the total amount of $224,912.892
is approved as submitted.
2. REPORT OF PLANNING COMMISSION MEETING OF NOVEMBER 22 1977
The Report of actions taken by the Planning Commission at its
meeting of November 22, 1977, is ordered received and filed.
3. -AWARD OF BID FOR LABORATORY EQUIPMENT -
TREATMENT PLANT
(75) The bid on various items of laboratory equipment for the Treatment
Plant is awarded to the low qualifying bidder, Scientific Products,
17111 Red Hill Avenue, Irvine 92714, in the amount of $5,820.13,
and all other bids are rejected.
4. REPLACEMENT OF LETTER OF CREDIT. PUBLIC
IMPROVEMENTS FOR TRACT 9795 (LOVE)
(85) The Letter of Credit dated November 11, 1977, drawn on American
State Bank, 500 Newport Center Drive, Newport Beach 92663, in
the amount of $88,150.00 to guaranty construction of public
improvements in conjunction with Tract 9795, is accepted: the
Letter of Credit dated August 30, 1977, in the amount of $118,150
is released. The amount of $30,000 was subtracted from the
original amount due to the submittal of acceptable landscape plans
in the interim.
5. FORMATION OF LANDSCAPE MAINTENANCE
DISTRICT, TRACT -937a (PATRICK
(85) Consideration of this item was held over to a later date.
6.
ELECTRICITY PURPOSES
(94) Granting of an Easement Deed to San Diego Gas and Electric Company
to provide electricity for the Orange County Waterworks District
No. 4 well adjacent to Tract 5592 to eliminate overhead service
through the Ambuehl School site and San Juan Creek is approved.
The Mayor is authorized to execute the Easement and the City
Clerk to attest thereto; the Easement will be recorded by
San Diego Gas and Electric.
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243
7.UITCLAIM OF SEWER EASEMENT,
TRACT 9030 CAPD RANCHES
(85) The Corporation Quitclaim Deed releasing the sanitary sewer and
utility easement to Capo Ranches in conjunction with Tract 9030
is approved; the easement is no longer required due. to improve-
ment plan revisions. The Mayor is authorized to execute the
Quitclaim Deed and the City Clerk to attest thereto.
8.. RECONSIDERATION OF FENCE HEIGHT REDUCTION, LOTS 48, 49, AND 50
(85) The determination made by the Planning Commission on November 8,
1977, in approving the reduction in fence height along the
southern boundary of Lots 48, 49, and 50 of Tract 7274, subject
to conditions of landscaping, agreements, and design, is -
confirmed.
9.. AUTHORIZATION TO INSTITUTE DEFERRED COMPENSATION PLAN
(66) The Assistant City Manager is authorized to institute a deferred
compensation plan, pursuant to the 1977 Memorandum of Understanding
with the City Employees Association.
10.
TO
(90) The following Resolution is adopted to begin proceedings for an
underground utility district on Camino Capistrano from Ortega
Highway to San Juan Creek and on Del Obispo Street from Camino
Capistrano to the railroad tracks. The underground conversion
.will be coordinated with the widening of Camino Capistrano.
The Resolution sets a Public Hearing for January 4, 1978, at
7:00 P.M. in the City Council Chamber.
11
77-12-7-7
M1JT1t1\;'1 - A nr.0V1,U11V11 VX ln" 11111 1.V U11V 11J yr +
SAN JUAN CAPISTRANO, CALIFORNIA, CALLING A PUBLIC HEARING
TO DETERMINE WHETHER THE PUBLIC HEALTH, SAFETY, OR WELFARE
REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT
OF MARCH 7
(40) The following Resolution ordering the canvass of the March 7,
1978, election results to be made by the City Clerk is adopted:
MUNICIPAL
111JG1.11V117 — t n. WU V11Vi1 Wa all as —— — —+. -- ---- —
OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERII.G THE
CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD
ON THE 7TH DAY OF MARCH, 1978, TO BE MADE BY THE
CITY CLERK OF THE CITY OF SAN JUAN CAPISTRANO
12. REQUEST FOR CONSOLIDATION OF MARCH 7, 1978,
(40) The request of the Board of Trustees of the Capistrano Unified
School District for consolidation of their Bond and State
Apportionment Election with the General Municipal Election of
March 7, 1978, is approved; the City Clerk is directed to so
notify the School District, the County Superintendent of Schools,
and the Orange County Registrar of Voters and to bill the
District for their share of the election costs.
13. RESOLUTION ESTABLISHI
u
(40) The following Resolution is adopted and the City Clerk is
authorized to amend the Resolution with regard to names,
-14- 12/7/77
�Iwll
addresses, and places, if it becomes necessary to do so prior
to the election; 18 precincts are established with 1 consolidation.
Polling place rental is $25.00; inspectors receive $35.00; judges
and clerks receive $30.000, for a total cost of approximately
$2,800.
YLAI;L'J AAJJ L'LL'L"i"i UN Vi'i'1L'rSUA - A UZDUJJUI-LU14 V1• In
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING VOTING PRECINCTS, POLLING
PLACES AND ELECTION OFFICERS FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID
CITY ON TUESDAY, THE 7TH DAY OF MARCH, 1978
(75) The award of bid for a 4 -door sedan for use by the City's
Land Use Coordinator was removed from the Consent Calendar..
It was moved by Councilman McDowell, seconded by Mayor Heckscher
and unanimously carried to reject all bids received and to
direct staff to resubmit bids for 1977 model year automobiles;
if a particular brand of auto is preferred, requests for bids
are to be sent only to agencies representing that brand.
(40) Council received copies of a report dated December 7, 1977,.from
the City Clerk requesting authorization to contract with the
Orange County Registrar of Voters for verification of the
signatures contained on the initiative petition seeking repeal of.
General Plan Amendment 77-1 (Agricultural Preservation).
The petition was presented on November 28, 1977, by Thomas A.
Forster on behalf of himself, Dale J. Kirstine, Mary Ann C.
Porter, Darrel Lee Carmichael and Edwin F. Clark. The petition
was found to contain a gross number of 1080 signatures and was
accepted pursuant to Elections Code Section 4008.
It was moved by Councilman Nash and seconded by Councilman Friess
to authorize the City Clerk to contract with the Orange County
Registrar of Voters for verification of the signatures contained
on the petition; the City Attorney is directed to submit a report
on the following items:
(1) A determination of whether the proposed measure is a
proper procedure and valid use of the initiative process
for repeal of a resolution;
(2) A determination of the actual subject matter of the
petition; i.e., does it relate to a zoning matter and
may it be accomplished without public hearings via the
initiative process; and
(3) The impact on the Coastal Commission granting the City
the permit authority for the SERRA Ocean Outfall.
The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Nash and
Mayor Heckscher
NOES: Councilman Sweeney
ABSENT: None
-15- 12/7/77
245
SUBDIVISIONS AND ANNEXATIONS
1. CONSIDERATION OF ANNEXATION OF DOHENY PARK ROAD PROPERTY
(21) Proposal:
A request for Council consideration of annexation of a 12 -acre
parcel of land located on Doheny Park Road in the Capistrano
Beach area; the subject property is adjacent to a 10 -acre
parcel within the City and under the same ownership. A conceptual
development plan for a commercial/industrial park encompassing
the entire 22 -acre site has been submitted.
Applicant:
George W. Riley and Associates, 23011 Moulton Parkway, Suite
A-16, Laguna Hills 92653
Written Communications:
Report dated December 7, 1977, from the Director of Community
planning and Development.
Councilman Nash noted that he did not have sufficient information
to support the proposal; i.e., traffic circulation, possible
impact of a Stonehill Drive extension, etc.
Council Action:
It was moved by Councilman Sweeney and seconded by Councilman
Friess to determine that the applicant is encouraged to proceed
with application for pre -zoning; and, contingent upon the City's
approval of the pre -zone application, the City would either
approve or oppose the requested annexation. The motion carried
by the following vote:
AYES:
Councilmen
Sweeney,
Friess and Mayor Heckscher
NOES:
Councilmen
McDowell
and Nash
ABSENT: None
ADMINISTRATIVE ITEMS
ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
L., REPORT ON DATA PROCESSING
(33) Council received copies of a report dated December 7, 1977, from
the Assistant City Manager advising that bids have been received
for proposals to provide data processing services to theCity;
sharing of equipment with the School District has also been
investigated. Further investigation of the four low bids
received from Microdata, Basic 4, OSI, and George Tamas and
Associates is anticipated.
Councilman Sweeney advised that he is not convinced that sharing
services with other public agencies has been sufficiently examined _
and surveyed; with the number of public agencies in the south
County area, the City should be able to obtain cooperation to
provide service and operation satisfactory to the City's needs.
It was moved by Councilman McDowell, seconded by Councilman
Friess and unanimously carried to direct staff to submit a
recommendation upon further investigation of the proposals
received.
2. PROPOSED PURCHASE OF TELEPHONE EQUIPMENT
(75) At the request of the Assistant City Manager, this item was held
over for consideration at the Council meeting of December 21, 1977
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DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
246
1. ADOPTION OF AMENDMENT TO ORDINANCE NO. 314 (GROWTH MANAGEMENT)
(28) Proposal:
n amendment to Ordinance No. 314 to provide for an initial
2 -month extension for issuance of building permits for 1977
dwelling unit allocations only, with the possibility of an ad-
ditional 2 -month extension under certain hardship conditions.
Since 1977 was the initial year for the Residential Allocation
Schedule, developers granted allocations had approximately 10
months to meet all project conditions, post all fees and bonds,
obtain building and grading plan checks, complete rough grading,
and obtain building permits. In succeeding years, developers
will have at least 22 months to satisfy such requirements.
Written Communications:
Report dated December 7, 1977, from the Director of Community
Planning and Development.
A royal of Time Extensions:
The ity 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. 345 TIME EXTENSIONS FOR GROWTH MANAGEMENT
LLOCATIONS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE 314
(RESIDENTIAL GROWTH MANAGEMENT) AND PROVIDING FOR TIME
EXTENSIONS FOR ISSUANCE OF BUILDING PERMITS FOR 1977
DWELLING UNIT ALLOCATIONS (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
The Ordinance provides that building permits may be issued for
1977 allocations up to and including February 28, 1978; the City
Council may grant an additional extension to April 30, 1978,
subject to conditions contained in the Ordinance. As an urgency
planning matter, the Ordinance will expire on April 7, 1978.
COMMISSIONS, BOARDS, COMMITTEES
PARKS AND RECREATION COMMISSION
I. SENIOR CITIZEN AD HOC COMMITTEE
(62) Proposal:
The formation of a senior citizens group to assist in assessing
the needs of the seniors in the community. The Parks and
Recreation Commission recommends that an Ad Hoc Senior Citizen's
Committee be appointed to act as an advisory body, with a member
of the Commission serving as liaison. A Senior Citizens Social
Services Program would be initiated and housed in the renovated
Hot Springs Dance Hall, pursuant to the revenue sharing grant
program.
Written Communications:
Report dated December 7, 1977, from Thomas Baker, Director of
Recreation.
-17- 12/7/77
2 4C3uncil noted that the Recreation Program should not shift
too far towards social and human services.
wroval of Ad Hoc Committee:
was moved by Councilman Sweeney,
McDowell and unanimously carried to
Recreation Commission to appoint the
Senior Citizen Committee.
AGRICULTURAL PRESERVATION COMMITTEE
1.
FOR
OF "NO TR
seconded by Councilman
direct the Parks and
members of the Ad Hoc
(68) Proposal:
A request that the City provide and install "No Trespassing"
signs at the farming operation along Del Obispo Street
adjacent to the Marco Forster Jr. High School site in order
to discourage damage to crops and interference with farming.
The estimated cost of each sign is $35.00 installed.
Applicant:
Charles Vermeulen, 11591 Cielo Place, Santa Ana 92702
Approval of Sign Installation:
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to authorize the expenditure
of funds from the Agriculture Preservation Fund to provide
"No Trespassing" signs for the Vermeulen property within the
Agriculture Preserve, as recommended by the Agriculture
Preservation Committee.
COUNCIL REMARKS
I.. MEETING ATTENDANCE
(32) Councilman Friess advised he will be out of town on December 28th,
the date of the next Mayor's Staff meeting; Mayor Heckscher will
attend. Mr. Friess also suggested that, where possible, items
scheduled for the December 21st Council meeting be held over to
the first meeting in January.
2. PROPOSED INTERIM LIBRARY SITE
(52) Councilman Sweeney noted that the Eslinger building on Camino
Capistrano could be available as an interim library site and
suggested City purchase, since the location is a key to the
downtown plaza parking.
3'. COMMENDATION - TREE PLANTING
(36) Councilman McDowell noted that Cliff Cooper, developer of
Sycamore Plaza, has planted a live Christmas Tree at the
intersection of Paseo Adelanto and Del Obispo Street. Mr.
McDowell suggested that a letter be sent in appreciation, and that
the City take action to light the tree for the holiday period.
C. DOWNTOWN PLAZA AND PARKING STUDY WORKSHOP
(68) Councilman Nash noted that the Downtown Plaza and Parking Study
Workshop will be held from 8:00 A.M. to 4:00 P.M. on Saturday,
December 10th at San Juan Elementary School.
RECESS AND RECONVENE
Council recessed to executive session at 11:27 P.M., the City Clerk
being excused therefrom, and reconvened at 11:55 P.M.
-18- 12/7/77
248
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 11:56 P.M., to the next regular meeting date of Wednesday,
December 21, 1977, at 7:00 P,M. in the City Council Chamber.
ATTEST:
Y N O. HECKSCHER, MAYOR
Respectfully submitted,
MARY A7HANOVER, CITY CLERK
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