76-0615_CC_Minutes_Regular Meeting�F /.
29-1
SEPTEMBER 15, 1976
The Ro+,ular Meeting of the City Council .;C ne City of San Juan
Capistrano, California, was called tr "er by Mayor Nash at
7:00 P.M. in the City Council Cham!,c--, followed by the Pledge
of Allegiance to the Flag.
ROLL CALL PRESENT: Douglas B. Nash, Mayor
Yvon O. Heckscher, Mayor pro 'tem
Kenneth E. Friess, Councilman
Richard.D. McDowell, Councilman
John B. Sweeney, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services; William D, Murphy, Director
of Public Works/City Engineer; Thomas G. Merrell, Director of
Planning; James S. Okazaki, City Attorney, Mary Ann Hanover, City
Clerk.
MINUTES
Regular Meeting of September 1, 1976:
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that the Minutes of the Regular Meeting of
September 1, 1976, be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that all ordinances be read by
title only.
BIDS. CONTRACTS. AGREEMENTS
1. SAN JUAN CREEK REST STOP - AWARD OF CONTRACT
D.N. CONTRACTING CO.
(62) Council received copies of a report dated September 15, 1976,
from the Director of Public Works forwarding a tabulation of
bids received on September 8; 1976, for the construction of
the San Juan Creek Rest Stop. The staff has recommended that
the bid be awarded to D.W. Contracting Co., the second low
bidder. The Director of Public Works aavised that the low
bidder, A. Art Braeger, does not have the ability to perform
the work at the present time based on their performance in
conjunction with the construction of E1 Camino Real Park.
Mr. Braeger has been notified of the staff recommendation.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to accept the qualifying
bid submitted by D.W. Contracting Co. in the total contract
amount of $40,495.00 and to reject all other bids received.
The Mayor is authorized to execute the contract on behalf of
the City and the City Clerk to attest thereto.
2. SAN JUAN HOT SPRINGS DANCE HALL -
(23) Council received copies of a report dated September 15, 1976,
from the Director of Public Works forwarding copies of a
proposed Agreement between the City and M.L. Schmidt for
the purchase and relocation of the Hot Springs Dance Hall.
The City will not take possession of the building until it
has been moved to the City Hall grounds for storage; the
City will reimburse the developer, M.L, Schmidt, for the
moving costs which are estimated at $2,500 plus utility
company expenses for raising wires in route, In answer to
an inquiry from Councilman Sweeney, the Director of Public
Works suggested that the Agreement be amended to reflect a
total relocation cost not to exceed $4,000 since utility
company charges are unknown at the present time,
-1- 9/15/76
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve the Agreement
between the City and M.L. Schmidt for the relocation of the
San Juan Hot Springs Dance Hall at a total cost not to
exceed $4,000, to authorize the Mayor to execute the Agree-
ment on behalf of the City and the City Clerk to attest
thereto. Mr. Schmidt is donating the building to the City.
3. CONTRACT MAINTENANCE FOR JUNIPERO SERRA PARK -
(74) Council received copies of a report dated September 15, 1976,
from the Director of Public Works forwarding a proposed
Agreement setting forth the specifications for contract
maintenance of Junipero Serra Park. During budget discus-
sions Council had requested a comparison of contract mainte-
nance for City parks vs. utilization of City personnel, and
Serra Park has been selected as a basis for comparison.
Current City costs for maintenance of Serra Park are esti-
mated at $1,200 per month plus equipment and supplies of
$200 per month.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve the Agreement
setting forth the specifications for the maintenance of
Junipero Serra Park and to authorize the City Engineer to
call for bids.
Mayor Nash clarified that the City is under no obligation to
accept bids which are submitted.
DIRECTOR OF PLANNING
1. INTERIM GROWTH MANAGEMENT MEASURES
(28) At the request of Mayor Nash, this item was taken out of
order from its place later on the Agenda for the benefit of
the audience, and due to time constraints of the Agenda.
Council received copies of a report dated September 15, 1976,
from the Director of Planning identifying specific measures
affecting interim growth management policies and the develop-
ment of a final growth management system. Forwarded also were
copies of a proposed Resolution establishing an interim
growth management policy to be utilized until the final
policy is developed. Copies of a proposed Ordinance setting
forth development phasing for approved subdivisions were
also provided at the meeting.
The Director of Planning gave an oral resume of the proposed
policies, as follows: Rezoning of property from GM (Growth
Management) or AG (Agriculture) zoning for residential sub-
divisions will not be approved unless the request is for
RA (212 acre lots) or PC (Planned Coimnunity) with substan-
tially less density or more open space than required by the
General Plan; extensive staff time will not be required;
rezone requests must be approved prior to consideration of
tract reaps; tract maps will include a condition of approval
requiring phased development.
A proposed schedule for adoption of the final Growth Manage-
ment System by November 17, 1976, and prior to consideration
of the General Plan Amendment for Agricultural Preservation
was also set forth.
Mayor Nash advised that the Resolution would deal only with
requests for rezones not yet received and would be effective
only until the adoption of a final Growth Manar;emeut Plan on
November 17; the Ordinance imposes a phasing schedule for
the issuance of building; permits in subdivisions which h.tve
already received approval of tentative tract maps.
-2- 9/15/76
29
_ l' Inte_r_im_Growth 11aua :'umenl._Policy:
Adoption i
Council. m��mtu�rs discu:sod provisions of the proposed
Resolution, and the Director of Planning advised that the
Resolution is an affirmation of the Council position that
requests for rezoning to higher densities than contained
in the Genoral Plan must be justified.
It was moved by Councilman Heckscher and seconded by
Councilman Sweeney that the following Resolution, being:
RESOLUTION NO. 76-9-15-1, INTERIM GROWTH
MA\aGF:!,iP\T POLICY-- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFOILNIA, ESTABLISHING AN INTERIM GROB'TIl
MANAGEMENT POLICY
be adopted. The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell,
Sweeney and Mayor Nash
NOES: None
ABSENT: None
Joint City Council/Planning Commission Meeting:
With the concurrence of tue Council, Mayor Nash scheduled
a joint meeting of the City Council and Planning Commission
for Wednesday, September 29, 1976, to refine objectives and
establish a Growth Management Committee.
Adoption of Development Phasing Schedule:
Council members then discussed the proposed urgency Ordinance
providing for a phasing schedule for the issuance of build-
ing permits for approved tentative tracts. The Ordinance is
proposed as an urgency measure due to the impact of the
present residential growth rate on local schools, traffic
circulation, and public improvements; ability of the City
to provide services; compliance with the General Plan and
the Citizens' Policy Plan. Council directed that the Ordi-
nance be amended to list the number of building permits
issuable in specific tentative tracts from September 15,
1976, through December 31, 1979; all building permits allo-
cated in the y.ar indicated but not issued shall require
specific action by the City Council to approve building
permit issuance.
The City Attorney read the title of the Ordinance nest in
order. Further reading of all ordinances had been waived
earlier in the meeting.
It was moved by Councilman McDowell and seconded by Council-
man Heckscher that the following Ordinance, being:
ORDINANCE NO. 308. DEVELOPMENT PHASING FOR
APPROVED SUBDIVISIONS - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
IMPOSING A PHASING SCHEDULE FOR THE ISSUANCE
OF BUILDING PERMITS FOR ILESIDENTIAL UNITS IN
CERTAIN APPROVED SUBDIVISIONS (URGENCY)
be adopted. The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell,
Sweeney and Mayor Nash
NOES: None
ABSENT: None
-3- 9/15/76
PUBLIC HEARINGS
- PROPOSED
TIONS,
(57) With the concurrence of the Council, Mayor Nash directed
that the proposed adoption of an Ordinance and Resolution
relating to Orange Country regulations for animal control
be continued to the Regular Council Meeting of October 6,
1976, at 7:00 P.M. in the City Council Chamber.
2. GENERAL PLAN AMENDMENT 76-2 AND
ENVIRONMENTAL IMPACT REPORTS
(46) Council received copies of a report dated September 15, 1976,
from the Director of Plannipg forwarding the recommendations
of the Planning Commission from their meeting of August 24,
1976, with regard to General Plan Amendment 76-2.
Forwarded also were copies of a proposed Resolution setting
forth findings and actions on the petitions combined in the
Amendment and copies of the Environmental Impact Reports.
Item A, McCracken Hill: previously withdrawn from the
Amendment by Council.
tem B. Request for
in Density; Certification of
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the request for an
increase in maximum residential density fre:•L 1 dwelling unit
per acre to 2 units per acre for approximately 12 acres of
land located west of Aguacate Road opposite Calle Roberto.
The study area included all property west of Aguacate Road
presently designated maximum 1 unit per acre. Mayor Nash
inquired if anyone in the audience wished to address the
Council. The following persons responded:
1. Sid Shanklin, 1033 West Balboa Boulevard, Balboa,
representative of the property owner, Mrs. Duque,
spoke in favor of the increase in density to z acre
lots and requested that the property be considered
separately from the surrounding acreage.
2. Robert Davies, 29391 Edgewood Road, Member of the
Planning Commission, advised that he would answer any
Council questions regarding specific elements of Plan-
ning Commission actions.
There being no one else wishing to address the Council, Mayor
Nash declared the Public Hearing closed on GPA 76-2, Item B.
It was moved by Councilman Sweeney, seconded by Mayor Nash
and unanimously carried that the Environmental Impact Report
for General Plan Amendment 76-2, Item B (Duque) be certified
as adequate.
Councilman Sweeney stated that in hi -s opinion Aguacate Road
should not be treated as a strict boundary for density con-
siderations and that he would support the request for an
increase in density for the Duque property.
It was moved by Councilman Heckscher and ,1�ied by Council-
man Friess that the petition for an '. in residential
density submitted on belialf o' '-.-•. D.ulue be denied and that
the pre wilt land use d c [ C:a of 1 dwell_inl, Lunt pc:r acre.
be retained. The • =o^ tarried by the followiu; vote -
A': 1: � -
ote:
A':i:�: Councilmen Friess, Heckscher, and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
-4- 9/15/76
RECESS AND RECONVENE 295
Council recessed at 9;11 P.M. and reconvened at 9:30 P.M.
CONTINUATION OF GENERAL PLAN AMENDMENT 76-2
(46) Item C, Request for Zone Change from Recreation Commercial
to Quasi -Industrial for Automobile Dealership; Certification
of Environmental Impact Report (Swannery:
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the request for a change
in zoning from Recreation Commercial to Quasi -Industrial for
approximately 18 acres of land located at Rancho Viejo Road
and Mission Hills Drive. The request is for the purpose of
accommodating an auto dealership on approximately 6 acres
wi,hin the study area. Mayor Nash inquired if anyone in the
audience wished to address the Council. The following persons
responded:
1. Randy Williams, 29931 Camino Capistrano, representing
the Swanner interests, advised that he would answer any
questions regarding the property.
2. Leona Fitzpatrick, President of the Chamber of Commerce,
spoke in favor of the zone change due to the tax base
inherent in an automobile dealership. Alfs. Fitzpatrick
presented copies of a letter dated September 15, 1976,
from the Board of Directors of the Chamber in support
of the project.
3. Dave Sweeney, President of E1 Camino Ford of San Clemente,
spoke in favor of the request and presented copies of a
letter dated September 14, 1976, outlining suggested
methods for alleviating any adverse aspects of locating
an auto dealership at the site.
4. Dick Weiss, 26351 Marina Drive, spoke against the request
and the encroachment of a commercial business of this
nature on a residential area.
5. Roberta Berns, 26921 Canyon Crest, spoke in opposition
to the request and referred to the social impact of a
car dealership on surrounding residential property. Mrs.
Berns presented a petition signed by 48 residents of
the Mission Hills development in opposition to the project.
6. Robert Davies, 29391 Edgewood Road, stated that the pro-
posal interfers with the private enterprise concept of
purchase and exchange of property and subverts the goals
of the General Plan by requesting that an area preserved
for recreation be changed to quasi -industrial.
7. Marvin Broder, 26671 Lariat Circle, spoke in opposition
to the request due to noise impacts which would result
in a substantial loss of the basic quality of life and
stated that the noise impact study was taken from a study
performed on the opposite side of the freeway rather than
the property in question. Dr. Broder also cited problems
with outdoor lighting, loud speakers, additional traffic,
and visual impact of outdoor advert:isin;l- effects. Dr.
Broder further stated that he was not opposed to an auto
dealership being located in the City, but that it should
be established in an area so designated by the General -
Plan.
8. Jack Becker, 26922 Canyon Crest, spoke in opposition to
the request, stating that. a zone chau-e at this loca-
tion would adversely affect adjacent properties and
encroach into a residential area.
-5- 9/15%7G
29 V There being no one else wishing to address the Council, Mayor
Nash declared the Public Hearing closed on General Plan
Amendment 76-2, Item C.
Council also received copies of a letter dated August 3, 1976,
from Michael Berns requesting that consideration of Item C
be held over to a later date.
Councilman Sweeney clarified for the record that he and Mr.
Dave Sweeney are not related.
Councilman McDowell stated that with regard to the impact of
exterior iighting on surrounding properties, the City could
designate the number and intensity of outdoor lights for the
project. Mr. McDowell further stated that the current recrea-
tion zoning could create more problems with lights and traffic
than the proposed zoning and that projects which bring revenue
to the City should be encouraged.
Councilman Sweeney stated that uses allowed for the area under
the current zoning, i.e.,bowling alley, athletic/swim club, etc.
or equestrian facility would all be objected to by residents,
with the possible exception of an equestrian facility,and cited
the cost to developers of amenities required by the City. Mr.
Sweeney further stated that the proposed location of an auto
dealership should be accommodated on the 6 acre section with
the remainder of the property retained in recreational zoning.
Councilman Friess noted that the City may impose conditions
upon the establishment of an activity such as an auto dealer-
ship, but it is difficult to enforce such conditions. Mr. Friess
stated that in his opinion the current zoning designation is
appropriate and viable.
Councilman Heckscher advised that the request before Council is
for a rezoning of 18 acres of land, not just the 6 acre parcel
proposed as an auto dealership. Mr. Heckscher stated that he
fully favors the location of the Ford agency within the City,
but that the proposed location would conflict with the proxim-
ity to residential development at this time. Mr. Heckscher
cited the addendum to the EIR and the hours of operation and
noted he is not satisfied that the EIR is adequate.
The Director of Planning advised that the entire EIR is not
to be certified as adequate, but is to be found adequate only
in terms of the 6 acre portion of the application.
Mayor Nash stated that he favors the location of the auto
dealership within the City, but that he could not support a
change in the General Plan for this purpose since other areas
of the City are already designated for the proposed use.
It was moved by Councilman Friess and seconded by Councilman
Sweeney that the Enviromnental Impact Report for General Plan
Amendment 76-2, Item C (Swanner) is adequate for the particu-
lar project proposed. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess and
Mayor Nash
NOES: Councilman Heckscher
ABSENT: None
It was moved by Councilman Friess and seconded by Councilman
Hockscher to affirm the recommendation of the Planning Com -
that the petition for a chauhe from Recreation Com--
mcn'cial Tonin;; to (Zu:rsi--IndusUial zoning submi.ttod on behalf
of the Sv':rnner interests be denied; the present laud use
designation is to be retained. The motion carried by the fol-
lowini" vote:
-6- 9/1.5/76
AYES: Councilmen Friess, Ileckscher and Mayor Nash �./-/
NOES: Councilmen McDowell and Sweeney 11''��►► VVV •
ABSENT: None
In view of the above action, Councilman McDowell suggested
that action be taken to change the current multiple family
zoning on the property adjacent to Yates Volkswagen on Valle
Road.
Item D Alternate Access Routes for the Alto Capistrano
Area of the City City of San Juan Capistrano):
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on General Plan An
76-2, Item D, a City -initiated Amendment to provide alternate
access routes for the Alto Capistrano area and inquired if
' anyone in the audience wished to address the Council. There
being no response, Mayor Nash declared the Public Hearing
closed.
The Planning Commission recommendations are as follows:
(1) Designation of Route "E" on the Composite Land
Use Map as a required commuter street.
(2) Designation of Route "D" on the Composite Land
Use Map as a required commuter street.
(3) Elimination of the ridgeline protection designa-
tion sou�h of the Meredith tract to the extent
necessary to accommodate Route "E".
(4) Relocation of the neighborhood park designated
for the Alto Capistrano area to the vicinity of
the intersection of Avenida Calita and Camino
Las Ramblas.
Council discussed the findings contained in the proposed
Resolution of actions with regard to Alto Capistrano Access
and directed that subparagraph "C" be amended to read as
follows:
"Traffic control measures shall be implemented
which divert traffic from Via de Agua to Routes
'D' and 'E' above Avenida Calita."
The Director of Public Works advised that the Traffic Commis-
sion recommendation was that a "Right Turn Only" be implemented
at Avenida Calita with access for bicycles and pedestrians
provided.
Councilman Sweeney inquired if eliminating ridgeline protection
measures would set a precedent. At the suggestion of Councilman
Friess, Council directed that a new subparagraph "D" be added
to the findings as follows:
"Due to extenuating circumstances of public safety,
the ridgeline protection designation is eliminated
only to the extent necessary to construct Route 'E'."
Councilman Ileckscher requested clarification that there is no
implication in the EIR of Council approval of a specific
pattern of Lots, The Director of Planning advised that the
lot pattern is a hypothetical layout to accommodate the para:
site, but that the pari: could be situated anywhere within
the Alto Capistrano area. Locations will be submitted to the
Parks and Recreation Commission for recommendation,
Councilman McDowell. inquired if the project is geologically
feasible. The Director of Public Works advised that massive
grading will be required at the base of Window Hill in order
to accommoda Le Route "D".
-7- 9/1.5/76
2 9 ]�
8
It was moved by
Mayor Nash,
seconded by Councilman Sweeney
el
and unanimously
carried to
approve General Plan Amendment
had boon
76-2, Item D, a
City -initiated
Amendment to provide alternate
and cosi:
access routes for
the Alto
Capistrano Area, including the
changes to the
findings set
forth hereinabove.
Item E, Request for Zone Change from Neighborhood Convenience
Center to General Commercial; Certification of Environmental
Impact Report Prude_n_ial Slopping Center :
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on General Plan Amendment
76-2, Item E, a request for a change to General Commercial
zoning for approximately 14 acres of land on Camino Las
Ramblas opposite Via California. Mayor Nash inquired if any-
one in the audience wished to address the Council.; and, there
being no response, declared the Public Hearing closed.
Councilman Friess noted that there had not been sufficient
opportunity to review the EIR and requested that the matter
be continued to a later date.
In response to a request from the audience, Mayor Nash then
re -opened the Public Hearing and the following persons
addressed the Council:
1. Herman Roesti, representative of Prudential Insurance
Company of America, spoke in favor of the Amendment.
Mayor Nash inquired if the Chamber of Commerce had taken a
position on this Amendment since the requested project area
is equivalent of the area of 3 downtown shopping centers put
together and would have an adverse effect on the business of
downtown centers.
2. Leona Fitzpatrick, President of the Chamber of Commerce,
addressed the Council and advised that the Chamber had
not had in-depth discussion of the matter. It was the
consensus of the Council that the Chamber of Commerce be
requested to formally address the matter and forward
their recommendations to the City Council.
3. Joe Groski, 31821 Paseo Terrazo, spoke in favor of the
proposed Amendment.
4. Morris Misbin, representing property owners of the area
under consideration, stated that there have been many
delays in the project and that the major tenants expect
to occupy the facilities by the fall of 1977. Mr. Misbin
also noted that a reduction in taxes should be realized
by property owners when the center is in operation.
It was moved by Councilman Frio ss and seconded by Councilman
McDowell that' consideration of General Plan Amendment 76-2,
Item E, be continued to the next regular Council meeting in
order to allow time to study the request. The motion carried _
by the following vote:
AYES: Councilmen McDowell, Friess, and HecKscher
NOES: Councilman Sweeney and Mayor Nash
ABSENT: None
DIRECTOR OF PUBLIC FORKS/CITY ENGINEER
1. RESTORATION OF WI.LLIAbIS GY}INA.SI IN1. CAPISTRANO
HIGIi SCHOOL - PRELIPIIN3RY RI:POIiT AND COST ESTIM:iTE
(23) Council
received
copies of a report dated Septembt,r 15,
1976,
from 1110
Director
of Public IYor'.s advit;ing that a contract.
had boon
awarded
to Boyle Engineering Corporation for a
report
and cosi:
estimate
for the restoration of the Williams
-8- 9/16/76
Gymnasium, as authorized by Council on September 1, 1976. 299
Copies of the report were presented at the Council meeting.
The total estimated cost of $298,000 is based on preliminary
investigation of existing structures and existing plans and
requirements for conformance with the Uniform Building,
Plumbing and Electrical Codes. The estimate is for construc-
tion costs for rehabilitation of the existing structure.
James Bradford, Principle Structural Engineer, Boyle Engineer-
ing, was introduced to Council by the Director of Public Works.
Mr. Bradford estimated that replacement of the structure would
cost a minimum of $400,000. In response to inquiries from
Council, Mr. Bradford clarified that all of the listed items
were necessary to bring the existing building in conformance
with the Codes.
Councilman Heckscher inquired if the gymnasium floor is of
historical significance. Councilman Sweeney suggested inves-
tigation of possible Federal Public Works grants for construc-
tion and renovation. Mayor Nash noted that the figures were
not encouraging insofar as rehabilitation of the building by
the City is concerned. The City Manager advised that the
School District deadline for awarding a bid for demolition
of the building is September 20, 1976.
Dr. Thornsley, District Superintendent, Capistrano Unified
School District, addressed the Council and stated that although
the District wishes to cooperate with the City, the placement
of the structure on the City's Inventory of Historical Land-
marks does not prohibit the School District from demolishing
the building.
Mayor Nash directed that the Report and Cost Estimate prepared
by Boyle Engineering be received and filed.
It was moved by Councilman Friess and seconded by Councilman
McDowell that the Williams Gymnasium be removed from the
Inventory of Historical Sites and that the following Resolu-
tion, being:
RESOLUTION NO. 76-9-15-4. INVENTORY OF HISTORICAL
AND CULTURAL LANDMARKS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN INVENTORY OF HISTORICAL
AND CULTURAL LANDMARKS AND RESCINDING RESOLUTION
NO. 76-8-4-7
be adopted. The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell, Sweeney
and Mayor Nash
NOES: None
ABSENT: None
2. FEDERAL PUBLIC WORKS GRANTS FOR DOWNTOWN MALL
A NTn nmIIPD uDn TVMQ
(89) The City Manager advised that a requirement for Federal funding
of Public Works Projects is that preliminary plans and phasing
schedules be submitted. Councilman Heckscher suggested that.
support data be submitted in order to initiate the installation
of a mall or semi -mall in the downtown area of the City.
Mayor Nash requested that the City Manager prepare a report
on the possibility of submitting an application for such
Federal grant funds for a downtown mall and other projects
at: the next: Council meeting.
-9- 9/15/76
3. REQUEST FOR WAIVER OF DEVELOPMENT FEES
(CAPISTRANO UNIFIED SCIIOOL DISTRICT)
(93) Council received copies of a report dated September 15, 1976,
from the Director of Public Works advising that the School
District has requested a waiver of the payment of develop-
ment fees in conjunction with the construction of the Ambuehl
School on San Juan Creek Road. The fees include plan check,
sewer connection, drainage, inspection, and street light
energy charges for a total of $21,244.18; filing of Faithful
Performance and Labor & Material Bonds is also required.
Councilman Friess suggested that the fees be waived in con-
sideration of the working relationship with another public
agency. Mayor Nash noted that the School District encompasses
a much broader taxing area than the City.
Councilman Sweeney suggested that the fees be waived as an
effort at negotiations with the District for City acquisition
of the Capistrano High School property. Councilman Heckscher
stated that if the fees are waived for the School District,
the costs to City property owners would be increased in order
to accommodate the waiver.
It was moved by Councilman Heckscher and seconded by Mayor
Nash that payment of development fees by the Capistrano Unified
School District in conjunction with the construction of the
Harold Ambuehl School not be modified at this time. The motion
carried by the following vote:
AYES: Councilmen McDowell, Heckscher and Mayor Nash
NOES: Councilmen Sweeney and Friess
ABSENT: None
CONTINUATION OF PUBLIC HEARINGS
1. REZONE 76-8 AND ENVIRONMENTAL IMPACT REPORT,
TENTATIVE TRACT 7673 (MAURER-NEWCOMB)
(85) Council received copies of a report dated September 15, 1976,
from the Director of Planning forwarding the recommendation
made by the Planning Commission at their meeting of July 27,
1976, for approval of Rezone 76-8 and Tentative Tract Map 7673
and acceptance of the Environmental Impact Report. The proposal
is to subdivide and'develop approximately 33 acres of land for
79 single family homes on property located on the south side of
Ortega Highway between Tract 7627 (Sun Hollow) and Tract 5592
(Mission Glen). The requested zone change is from PRD (Planned
Residential. Development) to RS (Single Family) and OR (Open
Space Recreation). The applicant is Maurer Development Company,
1451 Quail Street, Newport Beach.
Notice having been given as required by law, Mayor Nash declared
the Public Hearing open on Rezone 76-8, the Environmental Impact
Report, and Tentative Tract 7673 and inquired if anyone in the
audience wished to address the Council. The following persons
responded:
1. Bob Maurer, 26832 Andalucia Circle, Mission Viejo, the
applicant, and
2. Bob Ilezmahaltz, on behalf of Maurer Development Company.
Council members discussed various aspects of the development:
with the applicant and representative, including use of the
electric company easemcut throu;,h the property, City liability,
and iec,rovemei)ts to the Ortega Highway. Mr. Maurer indicated
t.h:tt the parva Adche Would be, off0red for dedication to the
City and hint be anti-cipates that the City will participate ill
the improvements to the Ortega iti.ghway.
-10- 9/15/76
Council considered the areas of concern set forth in the 3 0 1
letter dated August 17, 1976, from R.H, Baumgarten, Land
Management Supervisor, San Diego Gas & Electric Company
with regard to Tract 7673. Councilman Friess noted that
the Planning Commission had not had an opportunity to
review the letter from SDG&E prior to making its recommen-
dation,and the Director of Planning concurred.
In response to an inquiry from Mayor Nash, the City Attorney
advised that the consent of the developer would be required
in order to refer the matter back to the Planning Commission.
Mr. Maurer gave his consent; and with the concurrence of the
Council, Mayor Nash directed that the Rezone and Tentative
Tract be referred back to the Planning Commission for recon-
sideration of possible problems with the utility easement
and the relationship of the lots to the easement -The Planning
Commission is to be provided copies of the letter dated
August 17 from SDG&E, and a representative of that Company
is to be invited to attend the Commission meeting when the
matter is reconsidered.
Environmental Impact Report:
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to find that the Environ-
mental Impact Report prepared for Rezone 76-8 and Tentative
Tract 7673 is adequate with the notation that the EIR has
been submitted for information only; its acceptance is not
to be construed as concurrence with all data contained therein
or as being favorable or unfavorable to the project.
2. REZONE 76-9 AND ENVIRONMENTAL IMPACT
(85) Due to time constraints and with the concurrence of the
Council, Mayor Nash directed that consideration of this
matter be continued to the next regular Council meeting of
October 6, 1976, at 7:00 P.M. in the City Council Chamber.
3. REZONE 76-10 AND ENVIRONMENTAL IMPACT REPORT,
TENTATIVE TRACT 9382 (MAURER-JORDAN)
(85) Due to time constraints and with the concurrence of the
Council, Mayor Nash directed that consideration of this
matter be continued to the next regular Council meeting of
October 6, 1976, at 7:00 P.M. in the City Council Chamber.
ORAL COMMUNICATIONS
1. DEVELOPMENT PHASING FOR APPROVED SUBDIVISIONS,
ORDINANCE NO. 308
(85) Dennis Kutch, representative of KCS Systems, Inc., addressed
the Council regarding appeal of Ordinance No. 308, which
was adopted earlier in the evening. The City Manager indi-
cated he would respond to questions Mr. Kutch may have.
SUBDIVISIONS AND ANNEXATIONS
1, APPROVAL OF TENTATIVE TRACT 9064 (HAHN)
(85) Council received copies of a report dated September 15, 1976,
from the Director of Planning; forwarding the recommendation
made by the Planning Commission at their meeting of August
24, 1976, that Tentative Tract :Sap 9061 be approved. The pro-
posal is for a subdivision of approximately 3.5 acres of land
into 6 RS (Single Family) lots located on Assessor's Parcel
No. 649-213-09 at the western terminus of Calle Lucana. The
applicant is Dale D. Hahn, 2726 Amber Wood Place, Thousand
Oaks.
It was moved by Councilman Ileckscher, seconded by Councilman
Sweeney and unanimously carried that Tentative Tract Map 9064
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3 ` """be approved, subject to the conditions set forth in Planning
Commission Resolution No. PC 76-8-24-7.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. FLOOD CONTROL PROJECT SUBMITTAL -
CITY ENGINEER'S FLOOD CONTROL ADVISORY COMMITTEE
(80) Council received copies of a report dated September 15, 1976,
from the Director of Public Works regarding the request of
the Orange County Environmental Management Agency that cities
submit proposed flood control projects for County funding on
an annual basis. City staff recommends that the Camino del
Avion storm drain (LO1P03) and two retarding basins northeast
of the Alto Capistrano area (a portion of LO1S02) he submitted.
The program provides either full or cooperative funding of
projects. Upon approval of the submittals, the 5 -year budget
allocation of $100,000 for the first phase of the Camino del
Avion storm drain could be deleted from that budget.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the submittal of
the Camino del Avion storm drain (LO1P03) as first priority
and two retarding basins in Alto Capistrano (within LO1S02)
as second priority for consideration of funding by the City
Engineer's Flood Control Advisory Committee of the County of
Orange.
WRITTEN COMMUNICATIONS
1. INTER -COUNTY AIRPORT AUTHORITY
AIRPORT MASTER PLAN STUDY
(88) Council received copies of a letter dated August 28, 1976,
from Frank N. Marshott, Chairman of the Inter -County Airport
Authority, requesting support of their Airport Master Plan
Study effort. The Authority's purpose is to determine if an
environmentally and economically practical solution can be
found to meet growing public demand for commercial air trans-
portation which cannot be safely satisfied by Los Angeles and
Ontario Airport facilities.
It was moved by Councilman Sweeney, and seconded by Council-
man Friess that the following Resolution, being:
RESOLUTION NO. 79-9-15-3. AIRPORT MASTER PLAN
STUDY - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORT-
ING THE AIRPORT MASTER PLAN STUDY TO BE CONDUCTED
BY THE INTER -COUNTY AIRPORT AUTHORITY
be adopted. The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell, Sweeney
and Mayor Nash
NOES: None
ABSENT: None
CONSENT CALENDAR
It was moved by Councilman McDowell, seconded by Councilman Sweeney
and unanimously carried to accept the staff recommendations with
regard to the following items:
1. APPROVAL OF WARRANTS
(41) The List of Demands dated September 15, 1976, Warrants Nos.
8038 through 8144, iuclusivc, in the total amount of
$131,773.75 is approved as submitted.
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303
2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF AUGUST 31, 1976
(41) The City 'Treasurer's Report of Investments as of August 31,
1976, is approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BONDS
(41) The City Treasurer's Report of 1911 Act Delinquent Bonds as
of August 31, 1976, is approved as submitted.
4. REPORT OF PLANNING COMMISSION MEETING OF AUGUST 24, 1976
(67) The Report of Actions taken by the Planning Commission at its
regular meeting of August 24, 1976, is approved as submitted.
5. APPROVAL OF BOND RELEASE AND BOND RENEWAL
FOR SIGN AT CAPISTRANO INN (GRETHER AND CORLISS)
(49) The City Clerk is authorized to release Bond No. 3957380,
Hartford Accident and Indemnity Company, and to accept Bond
No. 1500433, Ohio Casualty Insurance Company, in its place.
The $100 bond covers the removal of a sign permitted within
the public right-of-way. Messrs. Grether and Corliss and the
bonding companies are to be notified of the Council action.
TENTATIVE TRACT 9373 (PATRICK)
1. RESOLUTION OF INTENT
(85) Council received copies of a report dated September 15, 1976,
from the Director of Planning forwarding a proposed Resolution
regarding Rezone 76-5 to initiate rezoning of certain lots in
Tentative Tract 9373, pursuant to Land Use Management Code
Section 2.3.2.
It was moved by Councilman Friess and seconded by Mayor Nash
that the following Resolution, being:
ia6YU11iY9[�l�l
2
17-
IZAIA11yL' "Aui V313 - A AhounulluV UP 1n, U111
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING ITS INTENT TO REZONE LOTS
17-22 INCLUSIVE OF TENTATIVE TRACT 9373 (PATRICK)
FROM RS (SINGLE FAMILY) TO ES (SMALL ESTATE)
be adopted. The motion carried by the following vote:
AYES: Councilmen Friess, Heekscher, McDowell, Sweeney,
and Mayor Nash
NOES: None
ABSENT: None
ADJOURNMENT
Mayor Nash directed that all items on the September 15, 1976, Agenda
which were not considered by the City Council are continued to the
next regular meeting date of Wednesday, October 6, 1976, at 7:00
P.M. in the City Council Chamber,
Mayor Nash adjourned the meeting at 12:50 A.M., Thursday, September
16, 1976, to the next meeting date of Wednesday, October 6, 1976,
at 7:00 P.M. in the City Council Chamber for the purpose of holding
a joint meeting with the members of the Planning Commission to refine
objectives for growth control and to establish a Growth Management
Committee. Respectfully submitted,
APPROVED:
—.IARY AN HANOV'R, CITY CLERK/
DOUGLAS B� ASH, OR
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