77-1221_CC_Minutes_Regular MeetingDECEMBER 21, 1977 250
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Heckscher at
7:22 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Paul Martin,
Old Mission 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;,Thcmas G. Merrell,
Director of Community Planning and Development;dames'"S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of December 7, 1977:
It was moved by Councilman McDowell and seconded by Councilman Nash
that the Minutes of the Regular Meeting of December 7, 1977, be
approved with the following amendment: Page 5, Item 16, Alipaz
Street, Recommendation to read: "Plan as a secondary; to be built
to commuter standards only when a need exists." 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
Ya oij'1Y ltlll VlY - YPiLY U11Y ll LGVIDLH I UIV Vd
INTEREST TO CITIES ASSEMBLYMAN CORDOVA)
(51) Mr. Ronald Cordova, State Assemblyman for the 74th District,
addressed the Council with regard to pending legislation and
the possible effects on local government.
ORAL COMMUNICATIONS
1. BEAR BRAND RANCH ACCESS COMMITTEE
TRACT 9390, PARCEL 5A
(85) Don Markowski, 32022 Paseo de Alessandro, read a letter dated
December 21, 1977, citing his opposition to the conclusions
reached by the Bear Brand Ranch Access Study Committee in
recommending that access be provided to the County development
-1- 12/21/77
251
through the following City streets: Calle Ricardo, Calle
Aspero, and Crumrine Road. Mr. Markowski stated that he had
abstained from the Committee vote of approval, which was
recorded as 11 members for and 2 members (the County and the
developer) against. The Committee report is scheduled for
the City Council meeting of January 4, 1977.
Ernest Chapman, 25961 Calle Aspero, addressed the Council and
requested that, if the proposal of the Study Committee is
not favorably acted upon, the Committee be reformed. Mayor
Heckscher advised that the Committee members will continue to
be involved in the study process.
2.. APPROVAL OF
OF F
(93) Miss Michelle Scott, Rancho Chico Farm Member, South Coast
Clovers 4-H Club, 31722 Via Belardes, addressed the Council
in support of their request for a waiver of the $50 zone
variance filing fee. The request is in conjunction with a
proposed variance application for a farm site at Waterworks
District Well Site #4. Seven members of the Club were in
attendance.
3_
Approval of Waiver of Filing Fee:
It was moved by Councilman McDowell, seconded by Councilman
Nash and unanimously carried that the waiver of the $50 filing
fee be granted At such time as the application for zone variance
is filed by the South Coast Clovers 4-H Club.
PETITION
(40) Tony Forster, 31312 Guadalupe, addressed the Council in support
of adoption of the Ordinance submitted by initiative petition
to repeal Resolution 77-4-6-1, General Plan Amendment 77-1
(Agricultural Preservation). Mr. Forster cited the City
Attorney's report dated December 20, 1977, advising that the
City Council may either adopt the ordinance or submit the pro-
posal to the electorate.
WRITTEN COMMUNICATIONS
1_ COUNCIL PROCEDURAL RECOMMENDATION
(CAPISTRANO COMMUNITY AFFAIRS COUNCIL)
(61) Council received copies of a letter received on November 18,
1977, from Marilyn Williams, President, Capistrano Community
Affairs Council, recommending that when a change is made in
wording or content of any proposed ordinance of the City, that
ordinance shall not be voted upon in final form at the same
meeting during which the changes are made, but shall be held
for final adoption at the next regular meeting of the Council.
The recommendation is made to allow review of any proposed
changes by members -of the Council, public and press prior to
final action.
Council discussed the letter contents, and the City Manager
summarized the response written by Mayor Heckscher on
December 16th. Council members noted their appreciation for
receipt of the information. Mayor Heckscher noted that the
great majority of ordinances are passed following readings at
two separate meetings; that many changes are merely clerical
corrections; that if Council adopted a policy of precluding
themselves from adopting urgency ordinances, the processes
of legislation would be diverted.
(32) Councilman Friess then suggested that changes be instituted in
the placement of Oral Communications on the Agenda so that
-2- 12/21/77
252
persons wishing to address the Council on items listed on the
Agenda make their presentations early in the meeting and all
others after the recess, which normally occurs at approximately
9:00 P.M. Mayor Heckscher stated that in his opinion Oral
Communications should remain at the current location at the
beginning of the Agenda.
PUBLIC HEARINGS
1. TENTATIVE TRACT 10090 (BUTLER DEVELOPMENT)
(85) Proposal,
subdivision of 8.65 acres of land into 8 EL (Large Estate)
lots located approximately 200 feet west of Aguacate Road,
south of the intersection of Aguacate Road and Via Estelita.
Surrounding uses include large estate residential units and
orchards. Zone Variance 77-22, reducing the minimum lot area
and frontage requirements for two lots was approved by the
Planning Commission since the amount of grading would be
reduced.
Applicant:
Butler Development Company, Inc., Plaza Professional Building,
Suite 223, 17871 Santiago Boulevard, Villa Park, 92667
Written Communications:
1 Report dated December 21, 1977, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning
Commission at its meeting of November 22, 1977.
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. Elmer Christiansen, 31882 Camino Capistrano, civil engineer
representing the developer, spoke in favor of the project
and requested clarification of Conditions 1 and 2 regarding
improvements to the commuter road and participation in a
future assessment district. Mr. Christiansen suggested
the addition of the following wording: "The subdivider
shall construct and fairly participate in the financing
of the commuter street."
There being no further response, Mayor Heckscher declared the
Public Hearing closed. After discussion, and with the con-
currence of Mr. Christiansen, Mayor Heckscher continued the
Public Hearing to the next regular meeting of Wednesday,
January 4, 1978. Staff is to provide further report on
Conditions 1 and 2, the wording suggested by Mr. Christiansen,
and the possibility of future users reimbursing the developer
for a portion of the cost of road construction.
2. CONCEPTUAL DEVELOPMENT PLAN AND PROJECT RATING
PURSUANT TO ORDINANCE NO. 314 GROWTH MANAGEMENT (WERTIN)
(28) Proposal:
A request for approval of a residential concept plan pursuant
to the provisions of Ordinance No. 314 (Growth Management)
for a 56 -unit apartment complex on a 7 -acre parcel located
on the southeast corner of Del Obispo Street and Alipaz Street;
a Negative Declaration has been issued.
Applicant:
John E. Wertin, 2081 Business Center Drive, Suite 200,
Irvine, 92715.
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253
Written Communications:
Report dated December 21, 1977, from the Director of Community
Planning and Development forwarding the recommendation made by
the Planning Commission at its meeting of December 132 1977,
that the plan be approved and awarded 61 points on the Project
Rating Scale.
Councilman McDowell noted that a condition should be added to
require participation in the cost of traffic signal installation
at the intersection of Del Obispo Street and 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. John E. Wertin, 3729 Blue Key Drive, Newport Beach,
the applicant, advised that a specific percentage for
participation in the traffic signal installation had
been set forth by the Traffic Commission and that he
had no objection thereto.
There being no further response, Mayor Heckscher declared the
Public Hearing closed.
Adoption of Project Rating Scale:
It was moved by Councilman Friess, seconded by Councilman Sweeney
and unanimously carried to adopt a Project Rating Scale point
rating of 61 points based on a Specific Criteria of 36 points
and a General Criteria of 25 points as set forth in the report
to the Planning Commission dated December 13, 1977.
Approval of Conceptual Development Plan:
It was moved by Councilman Friess, seconded by Councilman Sweeney
and unanimously carried to approve the conceptual development
plan subject to the conditions set forth in Planning Commission
Resolution PC 77-12-13-3.
.3. ZONE VARIANCE 77-18 -
(95) Proposal:
Appeal of the decision made by the Planning Commission on
November 8, 1977, in denying an application for a zone variance
to permit encroachment into the 5 -foot setback for the purpose
of installing a spa. The property is located near the northeast
corner of the Captain's Hill development overlooking Paseo de
la Paz. The appeal fee of $25.00 was filed on November 29th.
ApplicanMt:
Gerald . Krater, 25721 Admiralty Court.
Written Communications: -
1) Report dated December 219 1977, from the Director of
Community Planning and Development.
(2) Letter dated November 29, 1977, from the applicant,
appealing the Commission decision.
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. Gerald M. Krater, 25721 Admiralty Court, spoke in
support of the appeal.
-4- 12/21/77
J
There being no further response, Mayor Reckscher declared the 5 ZX
Public Hearing closed.
Approval of Denial of Zone Variance 77-18:
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried to approve the appeal of the Planning
Commission denial of Zone Variance 77-18 subject to receipt in
writing of approval of the Homeowners Association and the
next-door neighbor.
4. AMENDMENT TO CITY'
PLAN
(66) Proposal:
An Amendment to Resolution No. 72-1-19-1, the City Classification
and Salary Plan, to establish the following positions:
JOB CLASSIFICATION RANGE SALARY
Assistant Building and
Grading Engineer
30
$1492
- 1819
Building and Grading
Engineering Aide
26.5
$1255
- 1528
Building and Grading
Inspector
25.5
$1196
- 1455
Intern II
19.5
$5.12
Hourly
Intern I
17.5
$4.63
Hourly
Licensing qualifications are amended and the following position
is reclassified:
Laboratory Technician 27.5 $1319 - 1608
The position of Planning Intern is deleted from the Classification
and Salary Plan.
Written Communications:
Report dated December 21, 1977, from Loretta Murray, Administrative
Assistant.
Councilman Sweeney requested that such reports include the dollar
amounts within the Financial Considerations rather than a
statement that the matter has been discussed during budget
hearings. Mr. Sweeney also requested that such matters not be
scheduled just prior to the Christmas holiday.
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 Hearing was declared closed.
Approval of Amendment:
It was moved by Councilman McDowell and seconded by Councilman
Friess that the following Resolution be adopted:
CITY' S
VLn U..J1r 11.A 11 V1Y LIxV 0 L nl i'L[f1Y - t a ou"ULAV
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
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
-5-
12/21/77
2 5(5ncilman Friess asked when the City would be released from
the obligation of paying salaries of treatment plant personnel
due to the recent transfer of title of the treatment plan.
The Director of Public Works advised that a report would be
forthcoming at the next meeting on the effects of the transfer.
RECESS AND RECONVENE
Council recessed at 9:10 P.M. and reconvened at 9:25 P.M.
OFFICE USE
(23) This item was considered early in -the meeting,at the request
of the applicant's legal counsel. `
Proposal:
A request for permission to utilize a 20,000 -square -foot lot
fronting Del Obispo Street as a site for a professional office
building. The parcel is the most westerly of three contiguous
parcels owned by the Del Obispo Land Corporation. On November 16,
1977, the City Council referred the request to the Planning
Commission for consideration of the most beneficial alternatives
to the applicant and the City, including exclusion of the property
from the Los Rios Area.
Applicant:
Del Obispo Land Corporation, 424 North E1 Camino Real, San Clemente.
Written Communications:
(1) Report dated December 21, 1977, from the Director of
Community'Planning and Development.
(2) Report dated December 21, 1977, from Larry Lawrence,
Senior Planner, forwarding the following recommendation
made by the Planning Commission at its meeting of
December 20, 1977:
A. The entire land area fronting Del Obispo Street,
between Trabuco Creek and Los Rios Street, should
remain within the Los Rios Precise Plan.
B. The request of the applicant to develop the
20,000 -square -foot parcel (identified in the letter
from Michael McIntire, dated October 24, 1977)
separately should be denied, based on the following
findings:
(1) The need and desire for development to occur in
accordance with a comprehensive development plan
(for all of the land area within the ownership)
which is consistent with the provisions of the
Los Rios Precise Plan.
(2) The need to avoid potential traffic safety
problems which might result from direct access
to Del Obispo Street.
C. Use and development of the property should be in
accordance with the Recommended Uses and Development
Standards for the Del Obispo Land Corporation property
(attached to the October 20 staff memo) -- except that
the "Building Area Plan" and written reference thereto
should be deleted from the development standards. The
determination of building location and site design
should be resolved separately. Provisions presently
contained elsewhere in the draft Los Rios Precise
Plan which are contradictory to the above -referenced
Uses and Development Standards should be rectified.
-6- 12/21/77
Michael V. McIntire, Attorney at Law, Post Office Box 801,42 56
Santa Monica 90409, addressed the Council in support of the
request. Council discussed the four alternative layouts set
forth in the staff reports and indicated a preference for
Alternative 2. Mr. McIntire set forth a tentative proposal
and requested an opportunity to discuss the matter with his
clients in order to reach a decision at this meeting. Council
agreed to continue discussion of the matter later in the meeting.
ORDINANCES
1.
(55) The City Attorney read the title of the Ordinance next in order.
Further reading of all ordinances was waived earlier in the
meeting. The Ordinance was introduced at the meeting of
December 7, 1977. It was moved by Councilman McDowell and
seconded by Councilman Sweeney that the following Ordinance
be adopted:
ORDINANCE NO. 344, AMENDMENT TO ORDINANCE NO. 293
(SECONDHAND STORES) - AN ORDINANCE OF THE CITY OF
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
RESOLUTIONS
1. SUPPORTING ORANGE COUNTY NOMINEES TO
CALIFORNIA TRANSPORTATION COMMISSION
(27) It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the following Resolution be adopted:
RESOLUTION NO. 77-12-21-2. ORANGE COUNTY NOMINEES TO
CALIFORNIA TRANSPORTATION COMMISSION - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING ORANGE COUNTY NOMINEES TO THE
CALIFORNIA TRANSPORTATION COMMISSION
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
The Resolution endorses the recommendation of the
Orange County Transportation Commission that the following
persons are well-qualified candidates for appointment to
the State Transportation Commission:
1. Mary -Evelyn Bryden
2. Anthony R. DiGiovanni
3. G. J. "Pete" Fielding
4. Doreen Marshall
5. Frances R. Wood
-7- 12/21/77
257
(40)
The City Clerk is directed to forward copies of the Resolution
to Governor Brown and to the County Transportation Commission.
PETITION
's Cert
Initiative
Council received copies of a report dated December 21, 19779
from the City Clerk forwarding copies of the Certification of
Initiative Petition, and copies of a memorandum dated
December 20th from the City Attorney advising that the
initiative is a proper procedure for the submission of a
General Plan Amendment to the electorate.
An initiative petition seeking to repeal Resolution 77-4-6-1,
General Plan Amendment 77-1 (Agricultural Preservation) was
presented to the City Clerk on November 28th by Thomas A.
Forster on behalf of himself, Dale J. Kirstine, Mary Ann C.
Porter, Darrel Lee Carmichael and Edwin F. Clark. On December 7th
Council authorized the City Clerk to contract with the County for
verification of the signatures contained on the petition. That
verification resulted in a total count of 996 valid signatures,
or 12.4% of the total registered voters in the City as of
January 14, 1977, the date of the last official report submitted
to the Secretary of State by the County Registrar of Voters.
Therefore, the proposed ordinance qualified for either adoption
or placement on the March 7, 1978, general election ballot.
Submittal of Initiative Ordinance to the Electorate as
Proposition "B"
It was moved by Councilman Sweeney; seconded by Councilman McDowell
that the following Resolution be adopted:
77-1
SSION
vo--1
FOR
PRESERVATION) - Y1tUYV51'1'1ViV "n" - a ttnava uaiviv vc .IL.
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED
VOTERS OF SAID CITY AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD IN SAID CITY ON MARCH 7, 1978, OF AN
ORDINANCE RELATING TO REPEAL OF RESOLUTION NO. 77-4-6-11
GENERAL PLAN AMENDMENT 77-1 (AGRICULTURAL PRESERVATION)
AS PROPOSITION "B"
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
The Resolution places the following question on the ballot as
Proposition "B:" Shall the Ordinance repealing General Plan
Amendment 77-1 (Agricultural Preservation) be adopted?
The first qualifying measure, the establishment of Councilmanic
Districts, is to be designated as Proposition "A."
tion
it
File
It was moved by Councilman Friess ana sec
that the following Resolution be adopted:
ilman Nash
-8- 12/21/77
NO. 77-12-21
_ 258
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIkORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO
FILE A WRITTEN ARGUMENT AGAINST THE ORDINANCE RELATING
TO REPEAL OF RESOLUTION NO. 77-4-6-1, GENERAL PLAN
AMENDMENT 77-1 (AGRICULTURAL PRESERVATION) - PROPOSITION "B"
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
The Resolution authorizes Council Members Friess and Heckscher
to file a written argument against the Initiative Ordinance
on behalf of the entire City Council. The argument is to be
submitted to the City Clerk on or before January 3, 1978.
City Attorney's Impartial Analysis:
It was moved by Councilman Nash, seconded by Councilman Friess
and unanimously carried to direct the City Clerk to forward a
copy of the initiative ordinance to the City Attorney for
preparation of an impartial analysis to be included with
sample ballot materials.
tion
It was the consensus of the Council that the City Attorney be
directed to request an opinion from the Coastal Commission as
to the effect on the sewer permit granting authority within
agricultural lands in the City should the measure succeed.
BIDS, CONTRACTS, AGREEMENTS
1. EQUESTRIAN COMMUNITY CENTER FEASIB
INC
(38) Proposal:
An Agreement with Don Burt, Equestrian Consultants, Inc.,
79 Narcissa Drive, Portuguese Bend, 90274, to provide consulta-
tion services to the Equestrian Commission in conjunction with
a feasibility study for the development of an Equestrian Community
Center, as set forth in the goals and objectives of the Commission.
Written Communications:
Report dated December 21, 1977, from the City Clerk/Equestrian
Commission Secretary, forwarding the proposed Agreement as
recommended by the Equestrian Commission. City Engineering staff
will provide design and drafting; the consultant will provide
professional guidance and advice. The requested expenditure
is in an amount not to exceed $1,000.
Approval of Letter Agreement:
It was moved by Councilman Nash, seconded by Councilman McDowell
and unanimously carried to approve the letter agreement with
Equestrian Consultants, Inc., and to approve the expenditure of
up to $1,000 for professional services.
Councilman Sweeney requested that any future consultant services
estimated to exceed $1,000 be subject to bid procedures.
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:
-9- 12/21/77
2 5 9 AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
1., APPROVAL OF WARRANTS
(41) The List of Demands dated December 21, 1977, Warrants Nos. 12964
through 13042, inclusive, and 1911 Act Account Warrants Nos.
0216, 0217, and 0218, in the total amount of $406,573.31, are
approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF NOVEMBER 30. 1977
(.41) The City Treasurer's Report of Investments as of November 30,
1977, is approved as submitted.
3.
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of November 30, 1977, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF SEPTEMBER 30, 1977
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the ten-month period ending September 30, 1977, is approved
as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION
MEETING OF DECEMBER 6, 1977
(23) The Report of Actions taken by the Cultural Heritage Commission
at its regular meeting of December 6, 1977, is ordered received
and filed.
6. APPROVAL OF FINAL MAP -
TRACT 767 MAURER NEWCOMB)
(85) The Final Map for Tract 7673 is approved with the determination
that said map is consistent with the General Plan and in
substantial compliance with the approved Tentative Map, said
approval conditioned upon the City Engineer's receipt of fees
and bonds, at which time the map will be executed by the City
Engineer and City Clerk. A condition of the tract is that
off-site improvements to Ortega Highway be underway before
building permits are issued; the developer has requested that
receipt of fees and bonds be deferred and contingent upon
issuance of encroachment permits by Caltrans. The Subdivision
Agreement between the City and Maurer Development, 14841 Yorba
Street, Tustin, 92680, is approved, the Mayor is authorized to
sign the Agreement on behalf of the City, and the City Clerk
to attest thereto.
7. APPROVAL OF FINAL MAP -
TRACT 8485 MAURER CAWARD/ERRECARTE)
(85) The Final Map for Tract 8485 is approved with the determination
that said map is consistent with the General Plan and in sub-
stantial compliance with the approved Tentative Map, said approval
conditioned upon the City Engineer's receipt of fees and bonds,
at which time the map will be executed by the City Engineer
and City Clerk. A condition of the tract is that off-site
improvements to Ortega Highway be underway before building permits
are issued; the developer has requested that receipt of fees
and bonds be deferred and contingent upon issuance of encroach-
ment permits by Caltrans. The Subdivision Agreement between the
City and Maurer Development, 14841 Yorba Street, Tustin, 92680,
is approved, the Mayor is authorized to sign the Agreement on
behalf of the City, and the City Clerk to attest thereto.
_10_ 12/21/77
8. APPROVAL OF FINAL MAP - 260
TRACT 9382 (MAURER JORDAN)
(85) The Final Map for Tract 9382 is approved with the determination
that said map is consistent with the General Plan and in sub-
stantial compliance with the approved Tentative Map, said
approval conditioned upon the City Engineer's receipt of fees
and bonds, at which time the map will be executed by the City
Engineer and City Clerk. A condition of the tract is that
off-site improvements to Ortega Highway be underway before
building permits are issued; the developer has requested that
receipt of fees .and bonds be deferred and contingent upon
issuance of encroachment permits by Caltrans. The Subdivision
Agreement between the City and Maurer Development, 14841 Yorba
Street, Tustin, 92680, is approved, the Mayor is authorized to
sign the Agreement on behalf of the City, and the City Clerk
to attest thereto.
9. CAMINO CAPISTRANO STORM DRAIN -
CITY ENGINEERS' FLOOD CONTROL ADVISORY COMMITTEE FUNDING
(80) A proposed agreement with the County of Orange City Engineer's
Flood Control Advisory Committee is endorsed for funding of the
Camino Capistrano storm drain, a part of the Camino Capistrano
improvement project from Del Obispo Street to San Juan Creek; and,
the concept of a 50-50 split of funding obligations is approved.
The total estimated cost of construction is $116,000.
10
ES
(35) The Claim for Damages filed by Mack & Mackey, Attorneys at Law,
601 West Fifth Street, Suite 1150, Los Angeles, 90017, on behalf
of Matthew Westhausser for injuries allegedly sustained while
crossing Camino Capistrano on October 12, 1977, is denied and
referred to the City's insurance carrier, Dan Gorman Insurance.
11. APPROVAL OF PLANS AND SPECIFICATIONS AND
(23) The plans and specifications are approved and authorization
granted to call for bids for the renovation and relocation of
the Hot Springs Dance Hall as a Recreation/Senior Citizens
Resource Center. Total costs of the project, which includes
building renovation, site preparation and relocation, parking
12
lot, and landscaping, are estimated at $123,503. Construction
is scheduled to begin on February 25, 1978, with the building
ready for occupancy on July 15, 1978.
OF
(85) The public improvements required for Tract 7387 have been
completed to the satisfaction of the City Inspector, monuments
have been set, and the engineer paid for services rendered. It
was moved by Councilman Friess, seconded by Councilman McDowell
and unanimously carried to accept the public improvements resulting
from Tract 7387 and to require an extension of Faithful Performance
Bond No. 002667, Covenant Mutual Insurance Company, to December 21,
1978. The following bonds are ordered released as of January 24,
1978:
Labor and Material Bond No. 002667, Covenant Mutual
Insurance
Monument Bond No. 002666, Covenant Mutual Insurance
1FFIRMATION OF LOCAL APPOINTIVE LISTS FOR
_061MISSIONS, BOARDS, AND CUAIIIITTEES
(23) Council received copies of a report dated December 21, 1977,
from the City Clerk forwarding copies of a list of all ongoing
Commission. Board, and Committee appointive terms and a. list of
-11- 12/21/77
261
all Commissions, Boards and Committees whose members serve at
the pleasure of the City Council. Government Code Section 54974
requires that the lists be prepared on or before December 31
of each year.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to affirm the lists of
Commissions, Boards, and Committees as submitted; to direct
that Vacancy Notices be posted at the three official posting
places in the City, as well as in the Office of the City Clerk.
PROPOSED AMENDMENT TO ORDINANCE 321 -
TERMS OF PLANNING COMMISSIONERS
(23) Councilman McDowell suggested that an amendment be made to
Ordinance No. 321 with regard to terms of office of members
of the Planning Commission so that whenever a commissioner
becomes a candidate for election to the City Council, the
office is automatically vacated.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that Ordinance No. 321 be amended so that each Council
Member make an appointment to the Planning Commission, the
terms of the Council Member and the Planning Commissioner to
be concurrent. With the concurrence of the second, the motion
was subsequently amended so that such appointments are approved
by a majority of the Council. The motion carried by the following
vote:
AYES: Councilmen Sweeney, McDowell, and
Mayor Heckscher
NOES: Councilmen Friess and Nash
ABSENT: None
The City Attorney is to prepare an ordinance for presentation
at the meeting of January 4, 1978.
ADMINISTRATIVE ITEMS
ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
1. PURCHASE OF TELEPHONE EQUIPMENT
(75) Council received copies of a report dated December 21, 1977,
from the Assistant City Manager forwarding costs of various
proposals received for replacement of the existing telephone
equipment.
It was moved by Councilman McDowell, seconded by Councilman
Friess and unanimously carried to authorize purchase of an EPABX
telephone system from CGC Corporation, 6481 Orangethorpe,
Buena Park 90620, in the total amount of $42,200.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. REQUEST FOR APPROVAL OF PROFESSIONAL OFFICE USE IN
LOS RIOS AREA (DEL OBI6PO LAND CORPORATION)
(23) Consideration of this item commenced earlier in the meeting and
is continued at this time at the request of the applicant's
legal counsel.
Mr. McIntire presented the following proposal, subject to the
approval of all of the voting members of the Del Obispo Land
Corporation:
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As set forth in the report dated December 21, 1977, �62
submitted by the Director of Community Plannink and
Development, the corporation would accept the schematic
of Alternative 2, but not the language; the line between
the properties is not to be presumed to be exactly at a
1/2 split (the subject parcel is 20,000 square feet; the
total ownership is 40,000 square feet) and there is an
understanding that the lot line does not require a re-
subdivision. Provision must be made for a curb cut off
Del Obispo Street for access with right turn only, entrance
only with exit onto Los Rios Street. In order to prevent
the construction of a building on the.center lot which is
a 10,000 square foot lot, it is suggested that the develop-
ment standards recommended by the Planning Commission be
amended to provide a 15,000 square foot minimum lot size.
The building size would be covered by the same standards
governing all building sizes; i.e., parking, set back
requirements, etc., according to the development standards.
Mr. McIntire summarized as follows:
(1) Substitute the schematic of Alternative 2 for
the recommendation of the Planning Commission;
(2) Provide for a curb cut on Del Obispo Street
with right turn only, entrance only;
(3) Change the minimum lot size from 30,000 square
feet to 15,000 square feet to allow 2 building
sites only;
(4) Under Conditional Uses Permitted, No. 4, delete
the three office limitation;
(5) Add "restaurant purposes" to Conditional Uses
Permitted.
Mr. Merrell suggested that the proposal be referred to the
Traffic and Transportation Commission for review of the access
provisions and advised that a Public Hearing would be required
before the suggested changes could be implemented, or the
Planning Commission could be instructed to include the changes
in the precise plan.
Mayor Heckscher requested that Mr. McIntire acquire the approval
of a majority of the corporate stockholders; Mr. McIntire agreed
and advised that he would approve the Public Hearing process
for approval.
Approval of Concept/Public Hearing Date:
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to approve the schematic of Alternative 2.
Staff is directed to submit the amended conditions to the Traffic
Commission; and, the Planning Commission is to evaluate the
15,000 -square -foot minimum lot size and proposed changes in uses.
A Public Hearing is to be scheduled for the City Council meeting
of January 18, 1978.
BOARDS, C011AMISSIONS, COMMITTEES
EQUESTRIAN COMMISSION
1.
(38) Proposal:
An Interim lease agreement between the City and Wagon Wheel
Stables for a 5 -acre portion of Lot A of Tract 8485 within
C. Russell Cook Park. The lease would be executed at the
time the final map for Tract 8485 (Maurer) is recorded and is
for a one-year period of time. When the Master Plan of the
Park is approved and the year lease terminated, competitive
bids for a stable operation will be received and Wagon Wheel
Stables will be required to vacate the property within ninety
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` 6
days of bid award if not the successful bidder. If
the Master Plan of C. Russell Cook Park deletes the equestrian
land use designation established in the conceptual park approval,
the existing stable operator would be required to vacate the
premises prior to April 8, 1979. The existing horse stalls,
tack sheds, corral, and caretaker's trailer will be relocated
directly south along San Juan Creek. The stipulations are
intended to avoid the immediate demise of a boarding stable
ana to :.flow the orderly processing of C. Russell Cook Park.
Written Communications:
Report dated December 21, 1977, from the City Clerk/Secretary
to the Equestrian Commission forwarding the proposed interim
lease and the recommendation of approval made at the joint
meeting of the Equestrian Commission and Parks and Recreation
Commission on December 12, 1977.
The City Manager suggested that the following changes be made
to the Lease:
(1) Page 2, Paragraph 2.E., change "animals" to "mammals
or fowl;" and, insert "vegetable or fruit" before
"crops;"
(2) Page 4, Paragraph 6., strike the words "Equestrian
Commission" from the first sentence;
(3) Page 5, Paragraph 9.C., strike the second sentence.
Mayor Heckscher questioned the provisions for land rental
which call for a total amount, including the monthly cost
of public liability insurance, not to exceed $350 per
month. With the concurrence of the Council, the wording
of Paragraph 5, Page 3, is to be amended as follows:
"Land Rental.
The material consideration is the benefit accrued to
the public by the provision of this service. Therefore,
in lieu of the payment of land rental, the only additional
requirement will be that LESSEE maintain the insurance
coverage set forth in Paragraph 3 hereinabove."
ttnroval of Interim Lease:
was moved by Councilman Friess, seconded by Councilman
McDowell and unanimously carried to approve the interim lease
with the amendments cited above, to authorize the Mayor to
execute the lease on behalf of the City, and to direct staff
to proceed with its implementation.
COUNCIL REMARKS
1. WEED ABATEMENT
(74) Councilman Nash requested that action be taken to abate the
weeds growing in the area of the drainage ditch along Camino
del Avion.
2. GOLF COURSE FACILITIES
(62) Mayor Heckscher requested that the letter recently received
from the San Juan Capistrano Woman's Club regarding golf course
facilities be placed on the next Council Agenda.
RECESS AND RECONVENE
Council recessed to Executive Session at 11:15 P.M., the
City Clerk being excused therefrom, and reconvened at 12:22 A.M.,
December 22, 1977.
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W OURNMENT
J'p
There being no further business before the Council, the meeting
c.'ae adjourned at 17:25 A.M., D�cemb?r 22, 7.977, to the next regular
ueeting date of Wednesday, January 4, 1978, at 7:00 P.M., in the
City Council Chamber.
Y Respectfully submitted,
i.F.,Y ANN U&NOVER, CITY CLERK
ATTEST:
YVOW 0, HECKSCHER, MAYOR
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