78-0201_CC_Minutes_Regular MeetingAPPROVED BY COUNCIL
FEBRUARY 1, 1978 296
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Pro Tem Friess
at 7:05 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Harold R.
Lickey, Seventh-Day Adventist Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor pro tem
Richard D. McDowell, Councilman
Douglas B. Nash, Councilman
John B. Sweeney, Councilman
ABSENT: Yvon O. Heckscher, Mayor
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 January 18, 1978:
It was moved by Councilman McDowell and seconded by Councilman Nash
that the Minutes of the Regular Meeting of January 18, 1978, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen McDowell, Nash, and
Mayor pro tem Friess
NOES: None
ABSTAIN: Councilman Sweeney
ABSENT: Mayor Heckscher
Councilman Sweeney noted for the record that he had listened to the
tape recording of the January 18, 1978, Council meeting with regard
to the following items: (1) the request of the Del Obispo Land
Corporation for approval of professional office use in the Los Rios
Area; and, (2) the report of the Bear Brand Ranch Access Study
Committee.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Nash and seconded by Councilman Sweeney
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES:
NOES:
ABSENT:
ORAL COMMUNICATIONS
Councilmen Sweeney, McDowell, Nash and
Mayor pro tem Friess
None
Mayor Heckscher
(85) Mr. Ron Jenner, 33501 Avenida Calita, addressed the Council
regarding landscaping in the Meredith Canyon tract. Mr. Jenner
advised that he had previously addressed the Council on this
matter approximately 5 months ago and that since that time the
wide greenbelts have been installed, but groundcover and slope
landscaping are ineffective and equipment has been inoperative.
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297
Mr. Jenner requested definitive action to correct the problems,
including withholding of occupancy permits. Following discus-
sion between Council Members, Mr. Jenner and Mr. Merrell,
Councilman Nash suggested that a meeting be held between
representatives of the Council and staff, the homeowners
association, Craig development, and Mr. Jenner. Mayor pro
tem Friess suggested that the meeting be held on a Saturday,
and Mr. Merrell advised that he would arrange the meeting.
2. TRAFFIC AND TRANSPORTATION COMMISSION REPRESENTATION
(23) Sharon Neeley, Member of the Traffic and Transportation
Commission advised that she was in attendance to answer
any questions with regard to recommendations made by the
Commission.
3. STORM DAMAGE REPORT
(74) William Bathgate, 29643
would prefer to address
Damage Report appears on
concurred.
4. LOS RIOS PRECISE PLAN
Camino Capistrano, advised that he
the Council at the time the Storm
the Agenda. Mayor pro tem Friess
(23) Evelyn Villegas, 26591 Mission Road, addressed the Council
regarding current problems in the Los Rios Area, including
land sales, lack of improvements to rental units, high rents
paid by recent lessees, and condition of the dirt road caused
by Water District excavation.
5. BEAR BRAND RANCH ACCESS STUDY REPORT. TRACT 93
(85) The following persons addressed the Council on this item:
(1) Don Markowski, 32022 Paseo de Alessandro, read a letter
dated February 1, 1978, regarding property ownership
and copies of County documents distributed to Council.
Mr. Markowski presented bills for reimbursement totaling
$21.80. Copies of 4 parcel maps were also presented by
Mr. Markowski.
(2) Jack Smith, 25921 Calle Ricardo, inquired into the status
of Lot 42, and stated the area has been subdivided into
from 16 - 24 parcels. Mr. Smith noted his support for
the manner in which Councilman Nash had chaired the study
committee.
(3) Carol Heim, 32012 Paseo Hermosa, requested a clarification
of the scope of discussion.
(4) Dudley Brand, 31585 Aguacate Road, advised that the easement
shown as an extension of Sacarama Lane is for equestrian
purposes, not road purposes, and requested that Council not
consider that easement for possible access. Mr. Brand
also noted his support for the manner in which Councilman
Nash had chaired the study committee.
(5) Robert Hill, President, Bear Brand Ranch Company,
responded to questions raised and advised that with regard
to the property westerly of Parcel 5-A up to the ridgeline,
99.9% has been donated by Marie Crutcher to the University
of California and .1% is owned by Bryan Hall. Mr. Hill
re -iterated his intention to build his residence on the
parcel designated "not a part," and stated his belief that
parcel map conditions would prohibit subdivision. In
response to Councilman Nash, Mr. Hill advised that there
is a 15' easement through the Gus Owens property for
access purposes and that a 5 -acre parcel is to be sold
to a Mr. Kerchy; Lot 41 is zoned for approximately 20
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one -half -acre parcels; agreed that a road on the
northeasterly extension of Sacarama Lane would be harmful
to the rural atmosphere of the area. Mr. Hill further
stated that if the.Council takes action on preferred
access, he would do his best to have the recommendations
implemented at the County level.
(6) Ernest Chapman, 25961 Calle Aspero, noted that Mr. Hill
had stated at the committee meeting that his home was to
be located on,Lot 41.
In response to Councilman Sweeney, Mr, Hill stated it would not
be economically feasible to build an access road to the property
to the west of the Bear Brand property due to the steepness
of the terrain; the County has designated the area as open
space; he would be willing to annex, but the main obstacles
are time delays and the fact that the Moulton -Niguel Water
District is to supply water and sewer service to the area.
Mayor pro tem Friess stated that approval of access to the Bear
Brand property would have to include a buffer zone to protect
the ridgeline with assurances that if problems could be worked
out, annexation would be a possibility. Mr. Hill stated he
would be willing to discuss the matter.
(7) Norlyn Dull, 25962 Calle Aspero, disagreed with the
statement that the property beyond the area of Bear Brand
Ranch is too steep for development.
BEAR BRAND RANCH ACCESS STUDY REPORT
(TRACT 9390)
(85) Written Communications:
(1) Report dated February 1, 1978, from the Director of
Community Planning and Development, as requested at the
meeting of January 18th.
(2) Letter dated January 24, 1978, from Robert O. Hill,
President, Bear Brand Ranch Company, regarding the
Study Committee's recommendations.
Prior to discussion, Councilman Sweeney stated for the record
that his residence is at the corner of Calle Ricardo and Calle
Aspero, and inquired of the City Attorney whether there would
be a conflict in his taking part in discussion of the matter
or voting. Mr. Okazaki replied that there was no conflict.
Councilman Sweeney stated his support for providing access
through Camino del Avion and Crumrine Road with emergency
breakthrough access at Calle Aspero.
Councilman McDowell noted his support for cul-de-sacs on
Peppertree Bend, but stated he would stand by the recommenda-
tion of the committee.
Mayor pro tem Friess stated he would prefer further information
about assurances, possibility of annexation, and control of
access by acquiring -an equestrian easement around the westerly
section of the property.
Councilman Nash stated that if an equestrian easement could be
part of the agreement, it would be acceptable.
It was moved by Councilman Nash and seconded by Mayor pro tem
Friess to (1) adopt a concept of access as recommended by the
Study Committee; (2) request the developer to make changes to
the tract map as it currently exists and seek approval of those
changes from the County; (3) authorize City staff.to begin
negotiations with the property owners on the matter of annexation
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of the entire tract; and (4) that no action to actually grant
access be taken until further action by the Council after
receiving the results of items 2 and 3. The motion failed
with Council Members Nash and Friess voting for and Council
Members Sweeney and McDowell voting against.
A motion was made by Councilman Sweeney, seconded by Councilman
McDowell that the City take the position that Peppertree Bend
Road end in a cul-de-sac at the north with the road constructed
as a rural road with a maximum speed of 25 miles per hour to
Camino del Avion, including the design of appropriate direction
turns, in order to forestall the possibility of through traffic
entering that particular area. The motion failed with Council
Members Sweeney and McDowell voting for and Council Members
Nash and Friess voting against. _
Mayor pro tem Friess then suggested the matter be carried over
to the next Council meeting.
Councilman Nash suggested the following change to the motion
he had previously made: Request changes to be made in the
design of the connection between Peppertree Bend Road and
Calle Ricardo to minimize the number of lots that would
conveniently take access on Calle Ricardo; request staff and
Mr. Hill to consider the possibility of limiting the number of
lots with access to Calle Ricardo to 3 or 4. Councilman Sweeney
noted that a local road is desired, not an arterial highway.
Approval of Access Concept:
It was moved by Councilman Nash and seconded by Councilman
McDowell as follows:
(1) Adopt a concept of access as recommended by the Study
Committee, in their report to the City Council dated
January 4, 1978, i.e.,
Grant access through Calle Ricardo, Calle Aspero, and
Crumrine Road.
Peppertree Bend must be continuous through these three
streets with a cul-de-sac on the south end approximately
where it is currently shown as a cul-de-sac at Lot 40.
That the lot lines contiguous to this cul-de-sac be
realigned to forestall any future extension of Peppertree
Bend southward of this point.
Limit the project to 40 lots.
That there be no connection of Peppertree Bend to Lot 41
in Parcel 5A, to Parcel 4B, or to Del Avion.
That the design speed of Peppertree Bend be lowered
to 25 MPH.
That the street be made narrower to follow the terrain
better and be reduced from 40 to 36 feet in width
and
(2) Request the developer to make changes to the tract map
as it currently exists and seek approval of those changes
from the County.
The motion carried by the following vote:
AYES: Councilmen McDowell, Nash and Mayor
pro tem Friess
NOES: Councilman Sweeney
ABSENT: Mayor Heckscher
Councilman Nash requested further investigation of limiting
access to Calle Ricardo, and Mayor pro tem Friess directed
that the matter be placed on the next Council Meeting Agenda.
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RECESS AND RECONVENE
Council recessed at 9:30 P.M. and reconvened at 9:45 P.M.
PUBLIC HEARINGS
1
CE
300
(23) This Public Hearing was continued from the Council Meeting of
January 18, 1978, at the request of the applicant.
Proposal:
A request for permission to utilize a 20,000 square foot lot
fronting Del Obispo Street for certain commercial purposes.
Applicant:
Del Obispo Land Corporation, 424 North E1 Camino Real, San Clemente.
Written Communications:
1) Report dated February 1, 1978, from the Director of
Community Planning and Development providing staff review
of Michael McIntire's letter of January 13, 1978, which
requested changes in the Planning Commission recommendations.
Staff recommends that the findings of the Planning Commission
be upheld. Forwarded also were copies of a proposed
resolution setting forth permitted uses and development
standards. The resolution has been revised to clarify
the section dealing with setbacks.
Public Hearing:
Notice of continuation of the Public Hearing having been given
as required by law, Mayor pro tem Friess declared the Hearing
open and inquired if anyone in the audience wished to address
the Council. The following persons responded:
(1) Michael McIntire, Attorney at Law, P. O. Box 801, Santa
Monica 90406, representing the applicant, requested the
following changes in the resolution: (1) delete the words
"Conditional Uses;" (2) eliminate the 1000 square foot
cumulative total; (3) Item 3; delete the words, 11. . .where
it can be demonstrated that the proposed use will not
generate large volumes of vehicular traffic.. ;" (4) develop-
ment standards to be as shown on the schematic diagram;
(5) noted that the building area will be restricted by
parking requirements and asked that the buildable area
be expanded to cover both the east and west lots; (6) the
4500 square foot building limitation on each lot is
unacceptable; (7) the 15 foot height limit on the westerly
lot is unacceptable and should be 2 -story; (8) would be
willing to limit access at such time as the new park road
is constructed, but requests a temporary curb cut on Del
Obispo Street with left turns precluded in the interim;
(9) objected to the property being master planned and
designed as a whole; (10) objected to the inclusion of the
Open Space sections of the Land Use Management Code as
being inconsistent with the resolution.
Mr. Merrell advised that the references to the Land Use
Management Code apply to Items 1 through 4 of the Principal
Uses.
(2) Sharon Neeley, Member of the Traffic and Transportation
Commission, advised that the Commission would not support
temporary access off Del Obispo Street since the most
appropriate access is from Los Rios Street.
There being no one else wishing to address the Council, the
Public Hearing was declared closed.
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301
Amendments to Pr000sed Resolution:
There was a consensus of the Council that the following
amendments be made to the resolution as presented:
(1) Move the following from Conditional Uses to Principal
Uses: Medical or dental offices; General office uses
such as business, professional, real estate, travel
agencies, and similar office uses, including banks, savings
and loan associations, or credit unions.
(2) Page 2, Paragraph 1, conformance with development standards,
amend to read: "Permanent or temporary structures shall
be constructed in a manner that is compatible with the
historic character of the Los Rios District."
(3) Page 4, Other Development Standards, Paragraph a., strike
the words "and designed."
(4) Page 4, Open Space, add the words, "It is intended to
apply to Items 1 through 4 of Principal Uses."
(5) Page 4, Circulation and Parking, Paragraph a, change
to read, "All permanent access to the property will be
either from Los Rios Street or new park road as depicted
on the Circulation Plan of the Los Rios Precise Plan.
The possibility of temporary vehicular access to Del
Obispo Street with right turns only shall be considered
as part of the Master Plan."
(6) Page 3, add the following Paragraph d: "The Planning
Commission may approve a site plan which varies from the
setbacks shown only where the spirit and intent of the
required development standards are met, providing for no
more than two buildings separated by a significant open
space devoted to parking and landscaping."
Adoption of Resolution as amended:
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted as amended:
RESOLUTION NO. 78-2-1-1 ESTABLISHMENT OF USES AND
TT][]L+T /T11.fT.TTT QTII LT TIIDTC� T1T.7_ nu TQ Dn T.Awn (YIRT IRATMATI -
CAPISTRANO, CALIFORNIA, ESTABLISHING PERMITTED USES AND
DEVELOPMENT STANDARDS UNDER PROVISIONS OF ORDINANCE NO.
290 FOR ASSESSOR'S PARCEL NOS. 121-160-25, 121-60-34,
AND 121-160-35
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash
and Mayor pro tem Friess
NOES: None
ABSENT: Mayor Heckscher
Mr. McIntire then stated for the record that the action of
the Council is not acceptable to his clients and that they
are not bound by any of the concessions made.
2. LOS RI
AND
ACT REPORT -
(23) Notice having been given as required, Mayor pro tem Friess
declared the Public Hearing open and inquired if anyone in the
audience wished to address the Council. The members of the
audience had been previously advised that this hearing would
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302
be continued to a later date due to the lateness of the hour.
The following persons responded:
(1) Michael McIntire, Attorney at Law, on behalf of the
Del Obispo Land Corporation, requested that the City
pay for the widening of Los Rios Street adjacent to his
client's property and for assessments his clients have
paid.
Continuation of Public Hearing:
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that the Public Hearing on the
Los Rios Precise Plan and Environmental Impact Report be
continued to the next regular meeting of Wednesday, February 15,
1978, at 7:00 P.M. in the City Council Chamber.
3
(28) Proposal:
Pursuant to Ordinance No. 314, Section 5E, adoption of a
Residential Allocation Schedule to provide for allocation of
dwelling unit building permits to eligible projects over a
4 -year period of time.
Written Communications:
1 Report dated February 1, 1978, from the Director of
Community Planning and Development forwarding the
recommendations made by the Planning Commission at
their meeting of January 24th,and a proposed resolution.
Public Hearing:
Notice having been given as required, Mayor pro tem Friess
declared the Public Hearing open on the proposed adoption of
residential allocation schedules for the years 1978 through
1981 and inquired if anyone in the audience wished to address
the Council. There being no response, the Hearing was closed.
Adoption of Residential Allocation Schedule, 1978-1981:
It was moved by Councilman Nash and seconded by Councilman
Sweeney that the following Resolution be adopted:
RESOLUTION NO. 78-2-1-2, RESIDENTIAL ALLOCATION SCHEDULE -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A RESIDENTIAL ALLOCATION
SCHEDULE FOR THE YEARS 1978, 1979, 1980, AND 1981 IN
ACCORDANCE WITH SECTIONS 5 AND 6 OF ORDINANCE NO. 314
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash
and Mayor pro tem Friess
NOES: None
ABSENT: Mayor Heckscher
4. REQUEST FOR PARADE PERMIT. MARC.
(61) Proposal:
A request for a permit to conduct the
Golondrinas Parade on Saturday, March
area will be the vacant lot adjoining
on Del Obispo Street; the parade will
Obispo, north on Camino Capistrano to
east on Ortega to Del Obispo. Funds
1976-77 Community Promotion budget.
FIESTA ASSOCIATI
annual Fiesta de las
18, 1978. The assembly
Capistrano National Bank
move southbound on Del
Ortega Highway, then
are allocated in the
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303
Applicant:
San Juan Capistrano Fiesta Association, P. O. Box 532.
Written Communications:
(1) Report dated February 1, 1978, from George Alvarez,
Secretary to the Traffic and Transportation Commission
forwarding the recommendation of approval made by the
Commission at their meeting of January 19, 1978.
Public Hearing:
Notice having been given as required by law, Mayor pro tem
Friess declared the Public Hearing open and inquired if anyone
in the audience wished to address the Council. The following
persons responded:
(1) Mac McDowell, 32288 Paseo Carolina, Parade Chairman,
spoke in support of the issuance of the permit.
There being no one else wishing to address the Council, the
Hearing was declared closed.
Approval of Parade Permit and Street Closures and Waiver of F
It was moved by Councilman Sweeney, seconded by Councilman Na
and unanimously carried to approve the request of the Fiesta
Association and to authorize the City Clerk to issue a parade
permit providing for the closure of the following streets
between the hours of 10:30 A.M. and 1:00 P.M. on Saturday,
March 18, 1978:
Camino Capistrano between Del Obispo Street and La Zanja
Del Obispo Street between Ortega Highway and Camino
Capistrano
and, to waive the fees required by Article 10-9 of Ordinance
No. 295.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 349, STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION. 1976 EDITION
(25) 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
January 18, 1978. It was moved by Councilman McDowell and
seconded by Councilman Sweeney that the following Ordinance
be adopted:
ORDINANCE NO. 349 STANDARD SPECIFICATIONS FOR PUBLIC
wnuuc rnTacTRttcmrnN - 797R P..nTTTON - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REGULATING
ISSUANCE OF PERMITS FOR THE LAYING, CONSTRUCTION, RECON-
STRUCTING AND REPAIRING OF CURBS, GUTTERS, DRIVEWAYS,
ROADWAY SURFACES, STORM DRAINS, CULVERTS, PUBLIC IMPROVE-
MENTS OR OTHER APPURTENANT HIGHWAY STRUCTURES IN PUBLIC
STREETS, WAYS OR PLACES; REPEALING ORDINANCE NO. 137 AND
AMENDING PORTIONS OF ORDINANCE NO. 293 (LAND USE
MANAGEMENT CODE) AND PROVIDING FOR PENALTIES
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash
and Mayor pro tem Friess
NOES: None
ABSENT: Mayor Heckscher
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2
AND
304
(67) The Ordinance was introduced at the meeting'of January 4, 1978.
The motion for adoption of the Ordinance made by Councilman
Sweeney died for lack of a second.
3
e:
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(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
January 4, 1978. It wasmoved by Councilman McDowell and
seconded by Councilman Sweeney that the following Ordinance
be adopted:
ORDINANCE NO. 350, REZONE 77-13 (MISBIN) -'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 NOS. 675-011-22
AND 675-011-25 FROM GM (GROWTH -MANAGEMENT) TO RS (SINGLE
FAMILY), OR (OPEN SPACE RECREATION); AND OS (OPEN SPACE
PRESERVATION)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell and Nash
NOES: Mayor pro tem Friess
ABSENT: Mayor Heckscher
4. INTRODUCTION OF ORDINANCE PERMITTING BINGO GAMES
(55) Written Communications:
(1) Report dated February 1, 1978, from the City Clerk
forwarding the amendments requested by Council on
January 18, i.e., inclusion of mobilehome park
associations and senior citizen organizations as
being eligible for City license; and, designation of
the City Manager's office for issuance of. licenses.
The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman McDowell
and,seconded by Councilman Sweeney that the following Ordinance
be introduced:
3
- AN
CALIFORNIA, ALLOWING BINGO GAMES IN THE CITY FOR
BENEFIT OF CHARITABLE ORGANIZATIONS
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash
and Mayor pro tem Friess
NOES: None
ABSENT: Mayor Heckscher
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305
RESOLUTIONS
1. APPROVING DESIGNATION OF REPRESENTATIVE TO
ORANGE COUNTY SOLID WASTE MANAGEMENT AGENCY
(45) Proposal
Designation of the Orange County Solid Waste Management
Enforcement Agency pursuant to the Z'Berg-Kapiloff Solid Waste
Control Act of 1976 to be comprised of the following
representatives:
Director of the General Services Agency
Director of the Environmental Management Agency
Director of the Human Services Agency
Orange County Vector Control District _
Orange County Division, League of California Cities
Sanitary Districts
Private Industry
Written Communications:
(1) Report dated February 1, 1978, from the Director of
Public Works forwarding a proposed Resolution for
Council consideration.
Approval of Designation:
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted:
RESOLUTION NO. 78-2-1-3. ORANGE COUNTY SOLID WASTE
XMINAVGlYMA L ZAx Vn%1r1fi1L'ly i AVG1Yl.1 - A AG0VLU 11V1Y VX tn1
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE DESIGNATION OF THE ORANGE
COUNTY SOLID WASTE MANAGEMENT ENFORCEMENT AGENCY
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash
and Mayor pro tem Friess
NOES: None
ABSENT: Mayor Heckscher
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, Nash
and Mayor pro tem Friess
NOES: None
ABSENT: Mayor Heckscher
1. APPROVAL OF WARRANTS
(41) The List of Demands dated February 1, 1978, Warrants Nos.
13245 through 13371, inclusive, and 1911 Act Warrants Nos.
0220, 0221, 0222, and 0223, in the total amount of $224,954.80,
is approved as submitted.
2. REPORTS OF PLANNING COMMISSION MEETINGS OF JANUARY 10 AND
JANUARY 24, 1978
(67) The Reports of Actions taken by the Planning Commission at their
meetings of January 10 and 24, 1978, are ordered received and
filed.
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3. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JANUARY 23, 1978
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of January 23 , 1978, is ordered received and filed.
4. STATUS REPORT OF GOALS AND OBJECTIVES -
(EQUESTRIAN COMMPSSION)
(23) The Status Report of Equestrian Commission goals and objectives
since the first'meeting in June, 1977, is ordered received
and filed.
5. APPROVAL OF FINAL MAP. TRACT 9204
TIERRA DEL CABALLO)
(85) The Final Map for Tract 9204 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, bonds obtained, and all conditions of
approval met. The Subdivision Agreement between the City and
Tierra del Caballo, 19052 Lamplighter Lane, Yorba Linda 92686,
is approved, the Mayor is authorized to sign the Agreement on
behalf of the City, and the City Clerk to attest thereto; the
Easement Deed for sewer purposes is accepted and the City Clerk
authorized to record the documents.
6. RELEASE OF FAITHFUL PERFORMANCE BONDS,
TRACT 5996 (CUNNINGHAM)
(85) Tract 5996 is complete to the City's satisfaction, and the
Faithful Performance Bond for public improvements is exonerated,
as set forth in the report dated February 1, 1978, from the
Director of Public Works.
7. RELEASE OF FAITHFUL PERFORMANCE BOND
TRACT 8264 LUCAS
(85) Tract 8264 is complete to the City's satisfaction, and the
Faithful Performance Bond for 'public improvements is exonerated,
as set forth in the report dated February 1, 1978, from the
Director of Public Works.
8. RELEASE OF FAITHFUL PERFORMANCE BOND
TRACT 8460 HOLSTEIN
(85) Tract 8460 is complete to the City's satisfaction, and the
Faithful Performance Bond for public improvements is exonerated,
as set forth in the report dated February 1, 1978, from the
Director of Public Works.
9. ACCEPTANCE OF SANITARY SEWER
PASEO ALTO PLANO SAUNDERS
(80) The sanitary sewer in Paseo Alto Plano from its beginning at
Calle Aspero to a point 182 feet easterly is accepted and the
City Clerk authorized to record the Notice of Completion of
the work completed by Rodney & Son Sewer Construction; staff
is directed to make the reimbursements to the affected property
owners as set forth in the report dated February 1, 1978, from
the Director of Public Works.
10. PROCLAMATION OF MARCH 12 THROUGH 19, 1978,AS THE
FIESTA DE LAS GOLONDRINAS (SAN JUAN CAPISTRANO FIESTA ASSOCIATI(
(61) The week of March 12 through 19, 1978, is proclaimed as the
Fiesta de las Golondrinas'in celebration of the annual return
of the swallows.
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307
11. PASEO CIELO SEWER -
(35) The following Resolution is adopted:
RESOLUTION NO. 78-2-1-4
QAAIIAnx annan - A nraviJU-LIVA VX lnz %Illx wUAL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF PASEO
CIELO SANITARY SEWER
The Resolution accepts the work as completed by Poulsom-Crowley
Company and directs that a Notice of Completion be recorded.
Staff is directed to release the Labor and Material Bond and
the Faithful Performance Bonds and to make payment to Poulsom-
Crowley as follows:
10% retention per original contract: $1,061.00
Court Judgment 4,133.00
Interest at 7% per annum 602.00
Court costs 68.00
Total due
$5,864.00
12. REVIEW OF SWALLOWS DAY RODEO PROPOSAL - PUBLIC HEARING DATE
CAPISTRANO VALLEY HORSEMENS ASSOCIATION
(61) A Public Hearing is to be scheduled for the Council meeting of
February 15, 1978, to review the Swallows Day Rodeo proposed by
the Capistrano Valley Horsemen's Association, P. O. Box 868,
in their letter dated January 23, 1978.
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(95) The Director's Deed No. DK 001739-01-02 from the California
Department of Transportation to convey two drainage easements
within Rezone 77-6 (Assessor's Parcel 124-12-44) is accepted;
staff is directed to prepare a Quitclaim Deed to be executed
at the time of recordation of the Director's Deed in favor of
the City to convey the easements to the record owner, Knut Husby.
14. AGREEMENT WITH STATE OF CALIFORNIA FOR OLDER AMERI
(23) The following Resolution is adopted:
RESOLUTION NO. 78-2-1-5. AUTHORIZING EXECUTION
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE EXECUTION
OF THE CONTRACT FOR GRANT FUNDS UNDER TITLE V OF THE OLDER
AMERICANS ACT (SAN JUAN HOT SPRINGS DANCE HALL)
The Resolution authorizes the City Manager to execute the
contract for grant funds under Title V of the Older Americans
Act for renovation and relocation of the San Juan Hot Springs
Dance Hall. Grant funds have been awarded by the State in
the amount of $42,019.00.
ADMINISTRATIVE ITEMS
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. CAMINO DEL AVION STORM DRAIN REPORT
(80) Written Communications:
(1) Report dated February 1, 1978, from the Director of Public
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Works on the status of the Camino del Avion storm drain,
as directed by Council on January 18th. A ditch traversing
the Vermeulen and Kinoshita properties accommodates
rainwater runoff from the urbanized areas west of Del Obispo
Street. During heavy rains the capacity of: the ditch is
exceeded, causing flooding, erosion, and damage to channel
walls, soils and crops. Phase 1 of the storm drain has
been budgeted by the City and the County's City Engineer's
Flood Control Advisory Committee; Phase 2 is budgeted during
fiscal year 1979-80; Phase 3 isnot included in the 5 -year
budget.
Mr. Shig Kinoshita,.27015 Calle Real, Capistrano Beach, addressed
the Council to voice his concern with the lack of funding
within the 5 -year budget for Phase 3 of the storm drain project,
and urged positive action by the Council.
Review of Drain Design and Budget:
The Director of Public Works.requested that the Council action
be to direct staff to review the design of the drain and prepare
figures for Phases 2 and 3 of the project:for discussion during
budget review, said funds to be derived.from the City's General
Fund.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the action as
stated by the Director of;Public Works.
2. STORM DAMAGE REPORT
(74) Written Communications:
(1) Report dated February 1 from the Director of Public Works
setting forth the problem areas of the City during the
heavy rains of the week of January 15th, steps taken on
an emergency basis to rectify flood damage, and estimated
costs of those corrective measures. Those costs total
approximately $13,000, resulting in expenditures of $8,000
over budgeted amounts.
Mr. William Bathgate, 29643 Camino Capistrano, addressed the
Council to voice his concern with loss of property caused
by the flooding of Oso Creek, increased.erosion and widening
of the creek, and increases in water flow due to development
upstream in the area -of Mission Viejo. Mr. Bathgate suggested
that signs should be posted in the vicinity of Camino Capistrano
at Junipero Serra Road as a safety measure when streets are
impassable due to flooding, and requested City support of
flood control measures.
The Director of Public Works advised that the County Flood Control
agency is investigating the possibility -of installing a retention
basin in the area, but the County Environmental Management
Agency prefers the Creek be left in its natural state.
There was a consensus of the Council that staff be directed to
contact the appropriate County representatives.and report back
at a later date with estimated costs of flood control measures
for Oso Creek; the present report is ordered received and filed.
COMMISSIONS, BOARDS, COMMITTEES
TRAFFIC AND TRANSPORTATION COMMISSION
1. DEFINITION OF COMMUTER STREET AS IT
RELATES TO LIMITED ACCESS.
(74) It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to request that the Traffic Commission
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309
study the definition of a commuter street and report back to
the City Council with recommendations for amending the existing
definition. Direct residential access is in conflict with
existing design criteria for a commuter street, as set forth
in the report dated February 1, 1978, from the Secretary to
the Traffic Commission.
AGRICULTURAL PRESERVATION COMMITTEE
REQUEST FOR APPROVAL OF WILLIAMSON ACT AGREEMENT (COLE)
(38) Proposal:
Approval of an application to establish an agricultural preserve
under the provisions of the Land Conservation Act of 1965 for
a 3.4+ acre parcel located at 31501 Los Cerritos Avenue
currently in egg production.
Applicant:
Jarold B. Cole, 31501 Los Cerritos Avenue
Written Communications:
1 Report dated February 1, 1978, from the Director of
Community Planning and Development advising that the
proposed preserve is consistent with the General Plan
designation of interim Open Space (Agriculture), is com-
patible with adjacent land uses and in conformance with
the Land Use Management Code; the Agriculture Preservation
Committee has found the application in conformance with the
intent and purpose of the General Plan. The California
State Tax Franchise Board must review and approve the
signed contract prior to any reassessment of the property.
Approval of Request to Establish Agricultural Preserve:
It was moved by Councilman Sweeney and seconded by Councilman
Nash that the following Resolution be adopted:
RESOLUTION NO. 78-2-1-6, AGRICULTURAL PRESERVATION CONTRACT
(COLE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ESTABLISH-
MENT OF AN AGRICULTURAL PRESERVE UNDER THE PROVISIONS OF
THE LAND CONSERVATION ACT OF 1965 OF THE STATE OF CALIFORNIA
FOR A 3.4+ ACRE PARCEL LOCATED ON LOS CERRITOS AVENUE
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash
and Mayor pro tem Friess
NOES: None
ABSENT: Mayor Heckscher
The Resolution authorizes the Mayor to execute all necessary
documents required for the establishment of the preserve.
COUNCIL ACTIONS
ACCEPTANCE OF RESIGNATION OF TRAFFIC AND
(23) It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to accept the resignation of Commissioner
Raymond A. Green effective February 1, 1978, due to a pending
move to another locality. A Resolution of commendation is to
be prepared for the next Council meeting.
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COUNCIL REMARKS
TRASH AT FREEWAY BORDERS AND OFF -RAMPS
(45) Councilman Sweeney suggested that short-term contracts be
considered for clean-up of trash along the San Diego Freeway
borders and off -ramps within the City, pending permission
of Caltrans.
2. BEAR BRAND RANCH, TRACT 9390
DUPLICATION COSTS
(85) Mayor pro tem Friess inquired
earlier in the meeting by Mr.
clarified that the bills were
into the status of bills presented
Don Markowski. The City Clerk
for certification of documents
by the County Recorder ordered by Mr. Markowski and that
duplicating had been completed by City staff at no cost to
Mr. Markowski.
There being no further business before the Council, the meeting was
adjourned at 12:05 A.M., February 2, 1978, to the next regular
meeting date of Wednesday, February 15, 1978, at 7:00 P.M., in
the City Council Chamber.
ATTES
YVON O. HECKSCHER, MAYOR
Respectfully submitted,
Z
MARY ANN. NOVER, CITY CLERK
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