76-1215_CC_Minutes_Regular Meeting387
DECEMBER 15, 1976
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Nash at
7:03 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Martin,
Old Mission Church.
ROLL CALL PRESENT: Douglas B. Nash, Mayor
Councilman Kenneth E. Friess
Councilman Richard D, McDowell
Councilman John B. Sweeney
ABSENT: Yvon 0. Heckscher, Mayor pro tem,
joined the meeting at 7:40 P.M.
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services/Assistant City Manager;
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.
CITY COUNCIL
(32) Mayor Nash welcomed Councilman McDowell upon his return after
a brief illness.
Mayor Nash expressed his wishes to the community for a Merry
Christmas and a Happy New Year.
EL CAMINO REAL PARK -
PRESENTATION OF COUNTY FUNDS
(62) Supervisor Thomas Riley addressed the Council and presented
a check in the amount of $32,000 from the County of Orange
for funding of El Camino Real Park. Mr. Riley congratulated
the City on the beautification project, and Mayor Nash
expressed the Council's appreciation to Mr. Riley for his
efforts on behalf of the City.
MINUTES
Regular Meeting of December 1, 197
It was moved by Councilman Sweeney and seconded by Councilman Friess
that the minutes of the Regular Meeting of December 1, 1976, be
approved with the following corrections: (1) Page 5, second line
is to read: 11 . . . in a manner compatible with the phasing of resi-
dential development and other local needs;"and (2) Page 8, Item I
under Council Remarks is to read: "Mayor Nash requested that staff
review the recent increases in sewer service charges, paying par-
ticular attention to the mobile home units, and return for recon-
sideration on the January 5, 1977, Agenda." The motion carried by
the following vote:
AYES: Councilmen Sweeney, Friess, and Mayor Nash
NOES: None
ABSTAIN: Councilman McDowell
ABSENT: Councilman Heckscher
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0 a
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried that all ordinances be read
by title only.
BIDS, CONTRACTS, AGREEMENTS
1. SANITARY SEWER RECONSTRUCTION,
CAMINO CAPISTRANO/AT&SF RAILWAY
(80) Council received copies of a report dated December 15, 1976,
from the Director of Public Works regarding the sewer recon-
struction project on Camino Capistrano in the vicinity of
the Atchison, Topeka & Santa Fe Railway Company right-of-way.
The Director of Public Works advised that Cappello Construc-
tion Company has requested a 45 -day extension of time for
completion of the project due to additional requirements and
inspections by the Railway Company.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the time extension
as submitted by Cappello Construction Company,
2. DATA PROCESSING SERVICE -
FOR PROPOSALS
(33) Council received copies of a report dated December 15, 1976,
from the Director of Administrative Services/Assistant City
Manager forwarding copies of a Request for Proposals for the
Acquisition of Data Processing Service. The equipment would
be utilized for such purposes as payroll, personnel, budget
and ledger, and labor distribution; options include water bill-
ing, business license, equipment inventory, assessment district
billing, and land use. A committee would be formed to evaluate
proposals for recommendation to the Council. The sum of $60,000
is allocated in the 1976-77 fiscal budget for data processing.
Councilman Sweeney inquired if contact had been made with the
City of San Clemente, the Capistrano Unified School District,
Saddleback College, and south county agencies to inquire if
there is interest in forming a joint powers agreement for fund-
ing and use and development of a service center for use -by such
governmental agencies. Mr. Sweeney stated that he is in favor
of the City upgrading its service, but that consideration of
the item should be delayed until further budget considerations
have been resolved and until the governmental agencies have
been contacted.
With the consensus of the Council, Mayor Nash referred the
matter back to staff for further information. Mr. O'Sullivan
advised that the information would be returned to Council at
the meeting of January 5, 1977.
3. MASTER PLAN OF C. RUSSELL COOK PARK -
APPROVAL OF REQUEST FOR FR-OPOSALS
(62) Council received copies of a report dated December 15, 1976,
from the Director of Public Works forwarding copies of a Request
for Proposals for the development of a Master Plan of C. Russell
Cook Community Park to be used as a guide in preparing develop-
ment plans for the entire park or portions thereof. The Master
Plan would be composed of three phases, including site analysis
and recommended activities, schematic alternative plans, and
Master Plan analysis and implementation. The sum of $10,000 is
allocated in the 1976-77 budget for this purpose.
Councilman McDowell stated he would prefer that consideration
of the item be deferred unti 1 4 he 5 -year budget is re-examined.
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c2m
12/15/76
Councilman Fries.q advigad that thp hiidffn+Ad fiiniQ w�v� 3 8
based on expected revenues and that items budgeted for the
1976-77 fiscal year should not be impacted by plans for
growth managemen4t.
The Director of Public Works advised that it is the opinion
of the Parks and Recreation Commission that the City would
be in a more favorable position with regard to obtaining
grant funds for the Park if proposals for a Master Plan were
approved.
It was moved by Councilman Friess and seconded by Councilman
Sweeney to approve the Request for Proposals as submitted
and to authorize the City Manager to advertise for bids. The
motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, and Mayor Nash
NOES: Councilman McDowell
ABSENT- Councilman Heckscher
4. FUTURE IMPROVEMENTS TO SAN JUAN CREEK ROAD
AGREEMENT TO PARTICIPATE IN ASSESSMENT DISTRICT (BURKS)
(83) Council received copies of a report dated December 15, 1976,
from the Director of Public Works forwarding an Agreement
between the City and Robert H. and Nancy E. Burks for parti-
cipation in an assessment district for the construction of
future improvements to San Juan Creek Road in conjunction with
the construction f a residence in the Hidden Valley area on
Assessor's Parcel No. AP 124-671-17. i
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the Agreement
between the City and Mr. and Mrs. Burks, to authorize the
Mayor to execute the Agreement on behalf of the City, and
to direct the City Clerk to record the Agreement.
PUBLIC HEARINGS
1. LOS RIOS AREA PRECISE PLAN. COMPLETION OF PHASE 11
LAND USE AND CIRCULATION PLAN
(23) Council received copies of a report dated December 15, 1976,
from the Director of Planning forwarding copies of Phase II
of the Los Rios Precise Plan, the development of a Land Use
and Circulation Plan, completed by the Arroyo Group and
dated November 4, 1976. The recommendations of the Los Rios
Steering Committee and the Planning Commission are contained
in meeting Minutes of those bodies.
Charts were on display depicting Phases I and Il of the Study,
the workshop, and the proposed Phase III. The Director of
Planning advised that Phase I of the Study was for data gather--
ing purposes and to identify historic buildings, flood plains,
etc.; Phase II is a conceptual plan using the data from the
first phase to consider appropriate configurations of land
use; Phase III will consider public improvements, implementa-
tion measures, and sources of revenue.
Raymundo Becerra, Secretary of the Los Rios Steering Committee,
made a slide presentation of the existing area.
Councilman Heckscher arrived at 7:40 P.M.
The Director of Planning advised that the consultant's recom-
mendations are contained in four alternative plans for five
separate sub -areas in terms of land use, overall circulation
features, and public parking. ,
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390 -areas,
----The consultant prefers Plan Alternative A for the sub
as follows:
Sub -Area Recommendation
1. Little Hollywood Rehabilitation program with new
housing, improvement loans,
improvement of Mission Street
and buffers; to remain strictly
residential.
2. Properties bordering Historic District, improvement
Los Rios Street loans, improvements to Los Rios
Street, landscaping, with in -
residence commercial non -retail
business.
3. Current location of Public park, public parking,
commercial storage relocation of non -complying uses.
yards
4. Current location of Low intensity commercial such as
ito Nursery and adja- nursery, open air sales to allow
cent properties unobstructed view from Del Obispo
Street,
5. Vicinity of intersec- Auto -free zone created by cul -de -
tion of Verdugo St. sacs of Los Rios Street, public
and Los Rios Street bazaar behind, pedestrian plaza
on Verdugo Street.
The Los Rios Steering Committee at its meeting of October 28,
1976, generally concurred with the consultant's recommendation
with the modification for Sub -Area 2 that restricted commercial/
residential uses be allowed that are not disruptive to the
residential character of Los Rios Street.
The Planning Commission at its meeting of November 18, 1976,
accepted Phase 11 of the Precise Plan and forwarded its recom-
mendation for approval of Alternative A to the City Council,
including the modifications of the Steering Committee, with the
additional recommendation that the residential boundary lines of
the Little Hollywood area be extended to include the existing
structure(s) in the area designated as "park".
Council Members discussed the Plan with the Director of Plan-
ning. Mayor Nash noted that access to the parking area would
be accomplished by extending Paseo Adelanto from Del Obispo
Street. Councilman Heckscher questioned the rationale for
bisecting Los Rios Street by means of cul-de-sacs which would
result in ingress and egress difficulties for residents of the
area and possibly intensify traffic on Camino Capistrano. Mr.
Merrell advised that residents did not want the residential area
to become a tourist area and the cul-de-sacs would prevent
through traffic. Councilman McDowell noted that access for
emergency and commercial vehicles would be impaired. Councilman
Heckscher noted that the recommendation would tend to divide
the Area of Los Rios Street and that any such division should
be minimized. Councilman Sweeney noted his concern with an
intersection at Del Obispo Street and the extension of Paseo
Adelanto and suggested that Los Rios Street be considered as
access to the parking area from Del Obispo Street.
Public, Hearing,
9—otice having been given, Mayor Nash declared the Public Hearing
open on the completion of Phase 1.1, the.Land Use and Circulation
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391
Report of the Los Rios Precise Plan, and inquired if anyone
in the audience wished to address the Council. Th following
persons responded:
1. Phillip Schwartze, Chairman of the Planning Commission,
gave a brief resume of Planning CommVssion activity
leading to the acceptance of Phase 11, and stated he
would be available to answer any questions from Council
Members.
2. Aurelio Ramos, 32262 Los Amigos, spoke iu opposition to
the plan and stated that residents of the Los Rios Area
-wish to be left alone and make their own decisions. Mr.
Ramos also cited vacancies on the Steering Committee and
residents'.concerns with plans for low cost housing.
The Director of Planning advised that the three members
of the Committee had resigned, but that -all Los Rios
residents and property owners had an opportunity tb
impact the Plan. With regard to lov� cost housing, Mr.
Merrell advised that the intent of 'the Plan is that any
approved housing in the Little Hollywood area would be
affordable by low or moderate income families and that
residents would have the first right to such housing.
3. Randy Williams, 29931 Camino Capistrano, part owner of
an acre of property on the north side of Del Obispo Street
in Sub -Area 4, cited his letter of November 11, 1976,
requesting that commercial use be allowed on the property
which will s-.-pport the investment made in dedication of
land, public improvements, and taxes. Mr. Williams dis-
tributed copies of a map of the site and advised that
plans call for commercial buildings with parking beneath
rather than the importation of fill material.
There being no one else wishing to address the Council, Mayor
Nash declared the Public Hearing closed.
Councilman Friess noted his concerns that the City's intention of
preserving the life style of existing residents had not been ade-
quately conveyed. Mayor Nash concurred and advised that the Plan
is to serve as a guideline to the future of the area while pre-
serving the existing living environment. Councilman Heckscher
stated,the Plan was acceptable, but he could not support plans
to cul-de-sac Los Rios Street and close Verdugo Street to vehicu-
lar traffic. Councilman Sweeney noted his concerns with circulation;
stated that an 11.5 acre park may be beyond the City's reach but
should be as near to that in size as possible; and, suggested that
discussion with residents be undertaken on the implications of low
cost housing. Councilman Heckscher noted that the Plan may not take
sufficient advantage of the opportunity for commercial development,
especially outside of the bazaar area.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the following items of
Phase Il of the Los Rios Precise Plan addressing Land Use and
Circulation be referred,to the Steering Committee for further
consideration:
Circulation and Parking;
Park costs (capital costs to the City);
Low cost housing;
Intensity of commercial activity.
Payment to the Arroyo Group in the amount of $5,595.00 is
authorized for completion,of Phase II, and authorization is
granted to proceed with Phase III, of,the Study.
RECESS AND RECONVENE
Council recessed at 9:02 P.M. and reconvened at 9:23 P.M.
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(9 0_7 PREZONE REQUEST 76-13 PRIOR TO
ANNEXATION (MOGAN)
(21) Council received copies of a report dated December 15, 1976,
from the Director of Planning forwarding the Planning Com-
mission recommendation of November 9, 1976, for approval of
Prezone Application 76-13. The request is for approval of a
change in zone designation from A-1 (General Agriculture,
Orange County designation) to RS (Single Family) and ES (Small
Estate) for approximately 16 acres of land located at the
southeasterly terminus of Via Escolar at the north City limits
-known as Assessor's Parcel No. 650-011-07 and within the City's
sphere of influence. The applicant is R.F. Mogan, 267 Tiger -
tail Road, Los Angeles.
Notice having been given ar-, required by law, Mayor Nash
declared the Public Hearing open on Prezone Application 76-13
and inquired if anyone in the audience wished to address the
Council.
Mr. Richard Mogan, the property owner, responded and cited the
types of land use surrounding the property, i.e., residential,
uninhabited, church, and high school. Mr. Mogan stated he would
answer any questions.
There being no one else wishing to address the Council, Mayor Nash
declared the Public Hearing closed.
Mayor Nash noted that the density of the properties in the
adjacent Spotted Bull Lane area is one unit per acre. In res-
ponse to an inquiry from Councilman Friess, the Director of Plan-
ning advised that conditions for equestrian trails have not
been addressed at this stage. Councilman F-,iess was also con-
cerned with conflicts in life styles by mixing ES with RS lots
without a buffering. Councilman Heckscher noted that there is
no provision for private recreation areas; that he would not
want to be committed to allowing 32 lots on the property.
Councilman Friess noted the letter received on November 10,
1976, from H.G. Osborne, Director of the County Environmental
Management Agency, suggesting that the ES District zoning
be utilized exclusively in the area. Councilman Heckscher sug-
gested it would be more appropriate to consider a zone change
request at the tentative map stage. Mayor Nash stated he would
not support total RS zoning, due to the fact that there are
one acre lots in the immediate area. Councilman Friess stated
he would prefer prezoning the property all ES. Councilman Heck-
scher stated that the City would be preconditioned at a later
date to compensate in the ES area for the RS zoning, which
would be a restriction upon the City's flexibility.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the following Ordinance be introduced:
PREZONE 76-13 (MOGAN) - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING PREZONE
76-13 from A-1 (GENERAL AGRICULTURE, ORANGE COUNTY
DESIGNATION) TO RS (SINGLE FAMILY) AND ES (SMALL
ESTATE) FOR APPROXIMATELY 6+ ACRES LOCATED WITHIN
THE CITY'S SPHERE OF INFLUENCE
The motion failed by the following vote:
AYES: Councilmen Sweeney and McDowell
NOES: Councilmen Friess, Heckscher and Mayor Nash
ABSENT-. None
Mayor Nash also noted a procedural error since the City Attorney
had not had an opportunity to read the title of the Ordinance.
It was mov " ed by Councilman Friess and seconded by Councilman
Heckscher to refer the request for Prezone 76-13 back to the
Planning Commission for consideration of total ES (Small Estate)
zoning for the property. The motion carried by the following vote:
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AYES: Councilmen Friess, Heckscher and Mayor Nash 93
NOES: Councilman McDowell
ABSTAIN: Councilman Sweeney
ABSENT: None
3. REZONE 76-8 AND TENTATIVE TRACT 7673
TRRAURER-NEWCOMB)
(85) Council received copies of a report dated December 15,' 1976,
from the Director of Planning forwarding the recommendation
made by the Planning Commission at its meeting of November 23,
1976, that Rezone 76-8 and Tentative Tract 7673 be,approved.
The application is for a change of zoning for approximately
33 acres south of the Ortega Highway known' as Assessor's Par-
cel Nos. 124-299-37 and -38. The applicant is Maurer Develop-
ment 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 and Tentative Tract 7673
and inquired if anyone in the audience wished to address the
Council. The following persons responded:
1. Robert Maurer, 26832 Andalucia Circle, Mission Viejo,
requested exemption from Condition 32 of Planning Commis-
sion Resolution PC 76-11-23-3, development phasing. Mr.
Maurer cited such items as improvements to the Ortega
Highway and dedication of parkland, school site, and his-
toric adobe and requested exemption from the Growth Man-
agement Ordinance for this property.
2. Mrs. Richard Newcomb, 2385 Royal Crest Drive, Escondido,
property own6r, cited amounts paid for taxes and sewer
assessments,�and requested exemption from development
1*11,:;�-,.V,hasing and the Growth Management Ordinance.
.There being no one else wishing to address the Council, Mayor
Nash declared the Public Hearing closed.
Council Members discussed building permit allocations, improve-
ments to the Ortega Highway, State Coastal Commission regulations,
improvements at Ganado Road. Councilman Sweeney questioned that
if we allowed this and other developers to improve the Ortega
Highway as they did their development, wouldn't the City be
undermining its position before the State Highway Commission
concerning the responsibility of the State to improve the High-
way for public health and safety reasons, and would not that
undermine the City's responsibility to act. Mr. Merrell res-
ponded that it would not. The City Manager recommended that
the following words be deleted from the last sentence of the
penultimate paragraph of Resolution PC 76-11-23-3: 11... or
accept the subdivider's offer to fund the improvements with
reimbursement within one year." Mr. Mocalis advised that
improvements to the Ortega Highway were to be accomplished
by a State/County/City project and the City did not contem-
plate paying for the entire project.
Rezone 76-8:
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
Heckscher that the following Ordinance, being:
ORDINANCE NO. 315, REZONE 76-8 (MAURER-NEWCOMB) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFOR-
NIA, AMENDING OFFICIAL ZONING MAP ADOPTED BY ORDINANCE
NO. 293 BY CHANGING THE ZONING OF 33 ACRES FROM "PRD"
(PLANNED RESIDENTIAL DEVELOPMENT) TO "RS" (SINGLE
FAMILY) AND "OR" (OPEN SPACE RECREATION)
be introduced. The motion carried by the following vote:
AYES- Councilmen Sweeney, McDowell, Reckscher, Friess
and Mayor Nash
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394
NOES:
None
ABSENT:
None
Approval of Tentative Tract Map 7673:
It was moved by Councilman Heckscher, seconded by Councilman
Friess and unanimously carried to approve Tentative Tract Map
7673, subject to the conditions set forth in Planning Commis-
sion Resolution No. PC 76-11-23-3 with the following addition
to the second line of the penultimate paragraph on Page 5: Add
the words "on Ortega Highway" between 11 ... improvement of the
curve" and "between Ganado aad,,Windsong ...
ORAL COMMUNICATIONS
1. CAPISTRANO AIRPORT REGULATIONS
(48) Joe St. Jean, Mission Bell Ranch, addressed the Council and
stated that pilots have been violating airport regulations
with nighttime takeoffs.
Councilman Sweeney suggested that consideration of phasing out
the airport operation be placed on a future agenda.
Rose Corrigan, Los Cerritos Ranch, addressed the Council regard-
ing complaints by newly -arrived residents.
2. GROWTH MANAGEMENT SYSTEM
(28) Bruce Church, 26815 Canyon Crest, addressed the Council in
support of the Residential Growth Management Ordinance and
read an article from the editorial page of the Los Angeles
Times.
ORDINANCES
1. RESIDENTIAL GROWTH MANAGEMENT,
ORDINANCE NO, 314 (ADOPTION)
(28) Council received copies of a report dated December 15, 1976,
from the Director of Planning forwarding copies of Ordinance
No. 314 as introduced on December 1. 1976, and copies of a
proposed Resolution setting forth the Project Rating Scale.
Written communications in opposition to th * e proposed Ordinance
were received on December 15 from Harold W. Caward, 527 Lido
Sound, Newport Beach; Marguerite Errecarte, 57 Beachwood Park,
Capistrano Beach; and Robert E. Maurer, 1451 Quail Street,
Newport Beach.
Councilmen Sweeney stated that he had met with staff members
regarding financial costs of the proposed Growth Management
Ordinance and water district bond redemption and noted his
concerns that the Sheriff's Department, County Auditor, and
County Assessor's office were not requested to provide cost
and tax information. Mr. Sweeney requested consideration of
the following modifications to the Ordinance as introduced:
1. The numerical limit be increased from 400 units per
year to 500 for 1977;
2. Subsequent years to be set.as a result of the exper-
ience of 1977;
-3. The Project Rating Scale to be adopted in January;
4. Bonus for low/moderate income housing to be written
in as 1110% of the housing would have to be low/
moderate income."
Councilman McDowell advised that he had listened to the tape
recording of the December 1, IE76, City Council proceedings
and Public Hearing on Growth Management. Mr. McDowell noted
-8- 12/15/76
that the limitation of 400 dwelling units per year . will affec3 9 5
the City's sales tax revenues, many State funds are allocated
according to population, building permit fees would be lost. Mr.
McDowell suggested that the number of units should be set
annually by Resolution with a higher number than 400 set the
first year and a scaling down in succeeding years. With
regard to the Project Rating Scale Criteria, Mr. McDowell
suggested that subjective points should be eliminated and
especially No. 13, Overall quality of design; and, the
provisions of Ordinance 314 should be waived for develop-
ments approved during the last year,
Councilman Friess noted that the surrounding areas of Dana
Point and County territory are now calling for building mo.-a-
toriums and that the Gro-th Management Ordinance provides a
predictability for future planning.
Ordinance No. 314:
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 Heckscher
and seconded by Councilman Friess that the following Ordinance,
being:
ORDINANCE NO. 314. RESIDENTIAL GROWTH MANAGEMENT
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING A SYSTEM TO DIRECT AND
MANAGE THE RATE OF NEW RESIDENTIAL BUILDING
DEVELOPMENT IN THE CITY
be adopted with the following addition to Page 6, Paragraph
D.2. Point Rating, second sentence: add the words "criteria
of the" between " ... by means of the ... 11 and "Project Rating
Scale... 11 The motion carried by the following vote.
AYES: Councilmen Friess, Heckscher and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
Resolution Establishing Project Rating Scale:
With the consensus of the Council, Mayor Nash directed that
the proposed Resolution be held over for Council consideration
at the meeting of January 5, 1977.
RESOLUTIONS
1. SERRA PROJECT COMMITTEES 3 AND 5 -
19TIFICATION OF BUDGETS
(79) Council received copies of a report dated December 1, 1976,
from James Thorpe, the City's representative to SERRA, recom-
mending the following budget approvals:
1. Project Committee No. 3, Lease and Operation of the Ocean
Outfall, $11,000.00;
2. Project Committee No. 5, Construction of the Ocean Outfall,
. budget revision, $18,231.25.
Project Committee 3:
f—t was moved by Councilman McDowell and seconded by Councilman
Heckscher that the following Resolution, being:
RESOLUTION NO. 76-12-15-1, BUDGET AMENDMENT - SERRA
PROJECT COMMITTEE NO. 3 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF -SAN JUAN CAPISTRANO, CALIFOR-
NIA, AMENDING THE BUDGET FOR 1976-77 FISCAL YEAR
be adopted. The motion carried by the following vote -
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
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396 NOES: None
ABSENT: None
EKqectmgo mittee No. 5:
It ag 0;�:d by Councilman McDowell and seconded by Councilman
Heckscher that the following Resolution, being:
RESOLUTION NO. 76-12-15-2, BUDGET AMENDMENT - SERRA
PROJECT COMMITTEE NO. 5 - A REhoLUTION OF THE CITY
COUNCIL OF THE CITY VF SAN JUAN CAPISTRANO, CALIFOR-
NIA, AMENDING THE BUDGET FOR 1976-77 FISCAL YEAR
be -adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher. and Mayor Nash
NOES: None
A133 None
2. CAMINO DEL AVION STORM DRAIN DESIGN
AELEASE OF FUNDS
(80) Council received copies of a report datedbe�'cember 15, 1976,
from the Director of Public Works requesting authorization
for the expenditure of a portion of 1976-77 Capital Project
Funds in an amount not to exceed $10,000 for the preparation
of construction plans and specifications for the Camino del
Avion Storm Drain. The proposed drain runs between the school
district property and the Kinoshita Farms property from Del
Obispo Street, along Camino del Avion past Via del Amo, then
south to Alipaz Street.
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that the following Resolution, being:
UTION NO. 76-12-15-3, DESIGN
ED A TV 77.51 57)"1 ) - A RFgr)T.TJTT
DEL A
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHOR-
IZING THE EXPENDITURE OF FUNDS FOR THE COMPLETION OF
PLANS AND SPECIFICATIONS FOR THE CAMINO DEL AVION STORM
DRAIN (LOIP03)
be adopted. The motion carried by the following,vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
It was the consensus of the Council that the plans include the
design of sidewalk, fence or wall, and utility undergrounding
as appropriate.
3. 1976-77 FISCAL BUDGET AMENDMENTS
(24) Council received copies of a report dated December 15, 1976,
from the Director of Administrative Services/Assistant City
Manager listing necessary budget modifications due to miscel-
laneous corrections and Freedom Train expense in the total
amount of $91,000.
it was moved by Councilman McDowell and seconded by Councilman
Heckscher that the following Resolution, being:
RESOLUTION NO. 76-12-15-4, MISCELLANEOUS CORRECTIONS
TO 1976-77 FISCAL YEAR BUDGET - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF sAN JUAN CAPISTRANO,
CALIFORNIA, P31ENDING THE BUDGET FOR 1976-77 FISCAL
YEAR I
be adopted. The motion carried by the following vote:
AYES- Councilmen Sweeney, McDowell, Friess,
Heckscher and Mayor Nash
_10- 12/15/76
NOES: None 397
ABSENT: None
4. TRAFFIC SIGNAL INSTALLATION AT DEL OBISPO
RTREFT/T)ARRO AnPLANTO - Amr.NnmV.NT Tn rAPT'
(82) Council received copies of a report dated December 15, 1976,
from the Secretary to the Traffic and Transportation Commis-
sion, forwarding the recommendation of the Commission that
the 1976-77 Budget be amended to include the modification of
the Del Obispo Street/Paseo Adelanto traffic signal in the
amount of $18,000 and to delete the traffic signal installa-
tion at Camino Capistrano and La Zanja in the amount of $40,000.
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that the following Resolution, being:
RESOLUTION NO. 76-12-15-5, AMENDING THE BUDGET FOIF(
1976-77 FISCAL YEAR (TRAFFIC SIGNAL - DEL OBISPO
STREET/PASEO ADELANTO) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALI-
FORNIA, AMENDING THE BUDGET FOR 1976-77 FISCAL YEAR
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
5. DEL OB
I
(44) Council received copies of a report dated December 15, 1976,
from the Director of Public Works recommending that the City
request funding from the Orange County Arterial Highway Finan-
cing Program for the improvement of Del Obispo Street at
Aguacate Road and obligate $85,000 of City funds for the pro-
ject. The project includes street alignments, installation of
sidewalk, curb and gutter, and storm drain extension for A
total project cost of $220,000.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution, being:
RESOLUTION NO. 76-12-15-6, AHFP, DEL OBISPO STREET/
AGUACATE ROAD INTERSECTION - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFOR-
NIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN
THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT
OF DEL OBISPO STREET AT AGUACATE ROAD
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, and
Mayor Nash
NOES: Councilman Heekscher
ABSENT: None
6. SPEED LIMITS
(81) Council received copies of a report dated December 15, 1976Y
from the Secretary of the Traffic and Transportation Commis-
sion forwarding the Commission recommendation that posted
speed limits be increased on portions of Camino Capistrano
and Del Obispo Street. Captain Walter Fath of the Oran.ge County
Sheriff's Department addressed the Council to advis * e t hat two
of the su.-gested areas for speed limit increases are considered
to be high risk areas, i.e., (1) Camino Capistrano from San
Juan Creek Road to Del Obispo Street; and, (2) Del Obispo
Street from Alipaz Street to Ortega Highway.
_11- 12/15/76
9 8 It was moved by Councilman Friess and seconded by Mayor Nash
that the following Resolution, being:
RESOLUTION NO. 76-12-15-7, SPEED LIMITS - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING THE PRIME
FACIE SPEED LIMITS SET FORTH ON THOSE STREETS OR
PARTS OF STREETS HEREIN DESCRIBED, AND REPEALING
RESOLUTION NO. 75-9-17-4
be adopted as amended. The speed limit on Camino Capistrano
from Oso Road to the northerly City Limits is established at
45 miles per hour; all other speed limits are to remain as
currently posted. The motion carried by the following vote:
AYES: Sweeney, Friess, and Mayor Nash
NOES: Councilmen McDowell and Heckscher
ABSENT: None
Mayor Nash noted that the Council action in not approving
all of the recommended speed limit increases was based on
information provided by Captain Fath and Council did not
wish to further a high risk situation.
WRITTEN COMMUNICATIONS
HOT SPRINGS DANCE HALL -
DT
(23) Council received copies of a letter dated December 2, 1976,
from M.L. Schmidt requesting that the Agreement for relocation
of the San Juan Hot Springs Dance Hall approved by the City
Council on September 15, 1976, be amended to reflect the total
estimated costs of $5,052.00, or that demolition be approved.
The sum of $4,000.00 for moving costs was previously approved.
Mr. Schmidt addressed the Council.
It was moved by Councilman McDowell, seconded by Councilman
Heckscher and unanimously carried to grant the increase in
relocation costs from $4,000.00 to $5,052.00 and to request
that the building be moved as soon as possible in order to
prevent additional vandalism.
CONSENT CALENDAR
It was moved by Councilman Heckscher and seconded by Councilman
Friess that the staff recommendations be accepted with regard to
all items listed on the Consent Calendar. The motion carried by the
following vote:
AYES- Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated December 15, 1976, Warrants Nos.
8650 through 8727, inclusive, in the total amount of $140,100.40
is approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
-AS OF NOVEMBER 30, 1976
(41) The City Treasurer's Report of Investments for the period
ending November 30, 1976, is approved as submitted.
3.
1911 ACT
976
(41) The City Treasurer's Report of 1911 Act delinquent bonds as of
November 30, 1976, is approved as submitted.
-12- 12/15/76
399
4. REPORT OF PLANNING COMMISSION MEETING OF NOVEMBER 23, 1976
(67) The report of actions taken by the Planning Commission at
its regular meeting of November 23, 1976, is ordered received
and filed.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS
6-F- DECEMBER 7, 1976
(23) --The report of actions taken by the Cultural Heritage Commis-
sion at its regular meeting of December 7. 1976, is ordered
received and filed.
6. TRA 599;'B9UNNINGHAM
C!S� NDS
-fE- L E
(85) The public improvements resulting from Tract 5996 are accepted;
an extension to June 27, 1977, is required for the Faithful
Performance Bond; the Labor and Materials Bonds and the
Monumentation Bond are exonerated, all as set forth in the
report dated December 15, 1976, from the Director of Public
Works.
7. TRACT 8264, LUCAS DEVELOPMENT COMPANY -
'RELEASE OF BONDS
(85) The public improvements resulting from Tract 8264 are accepted;
an extension to December 1, 1977Y is required for the Faithful
Performance Bond; the Labor and Materials Bonds and the
Monumentation Bond are exonerated, all as set forth in the
report dated December 15, 1976, from the 1;irector of Public
Works.
8. INVENTORY OF CULTURAL AND HISTORICAL LANDMARKS
(23) Council received copies of a report dated December 1, 1976,
from Pamela Hallan, Administrative Aide, forwarding copies
of a Resolution updating parcel numbers for historically and
culturally significant structures and landmarks designated
by the Cultural Heritage Commission. The following Resolution
is adopted:
RESOLUTION NO. 76-12-15-8. INVENTORY OF HISTORICAL
AND CULTURAL LANDMARKS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALI-
FORNIA, APPROVING AN INVENTORY OF HISTORICAL AND
CULTURAL LANDMARKS AND RESCINDING RESOLUTION NO.
76-1-23-3, 76-9-15-4 and 76-10-20-4
9. APPOINTMENT OF REPRESENTATIVES TO SHALL CLAIMS COURT
(35) The following Resolution, updating names and titles, as
recommended by the City Clerk, is adopted.
RESOLUTION NO. 76-12-15-9, REPRESENTATIVES TO SMALL
CLAIMS COURT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPOINT-
ING CORPORATE REPRESENTATIVES TO SMALL CLAIMS COURT
AND RESCINDING RESOLUTION NO. 76-6-16-3
10. OFFICIAL POSTING PLACES FOR CITY DOCUMENTS
(31) The following Resolution designating the City Hall, United
States Post Office, and Oran.ge County Library as the official
posting places for City doc uments and reflecting the correct
addresses therefor is adopted:
RESOLUTION NO. 76-12-15-10 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DESIGNATING THE LOCATIONS FOR THE
POSTING OF OFFICIAL DOCUMENTS AND RESCINDING
RESOLUTION NO. 74-1-28-4
-13- 12/15/76
4 0,0 RESOLUTIONS COMMENDING COMMISSIONERS BRODER, LUGO AND WEATHERS
-(36) The following Resolutions of Commendation are adopted:
NO. 76-12-15-11. COMMENDING COMMISSIONER
.mAKviN j,. bnuvzn - R rzaviuixv1N vr inz t_iii _vuntj.I,
-40F THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
�COMMENDING PARKS AND RECREATION COMMISSIONER MARVIN
_,L. BRODER
NO. 76-12-15-12
COMMISSI
JzKublh L. JUUU - A r'.r'ZVIAUAIUA UX Inz %-III �,vuAt-11,
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
COMMENDING TRAFFIC AND TRANSPORTATION COMMISSIONER
.JEROME E. LUGO
RESOLUTI
COMMENDING TRAFFIC
-JAMES K. WEATHERS
SUBDIVISIONS AND ANNEXATIONS
COMMISSI
JUAN CAPISTRANO, CALIFORNIA,
AND TRANSPORTATION COMMISSIONER.
1. PARCEL MAP FOR DIVISION OF LAND 76-6 (KING)
.�85) Council received copies of a report dated December 15, 1976,
from the Director of Public Works advising that the Parcel
Map for Division of Land 76-6 has been reviewed and found
acceptable; plan check, drainage, and park and recreation
in -lieu fees have been paid.
It was moved by Councilman Heckscher and seconded by Councilman
McDowell to approve the Parcel -Map for Division of Land 76-6
(King) determining that said map is consistent with the Gen-
eral Plan and in substantial compliance with the approved
Tentative Parcel Map for DL 76-6; to approve the Agreements
Relating to the Postponement of Requirement to Install Public
Improvements (Public Sewer and Public Road) and authorize
the Mayor to execute said Agreements on behalf of the City;
and, to authorize Staff to make the necessary certifications
on the original Parcel Map and forward the Map and other docu-
ments to the Orange County Recorder. The motion carried by
the following vote:
AYES: Councilmen McDowell, Heckscher, and Mayor Nash
NOES: Councilman Friess
ABSTAIN: Councilman Sweeney
ABSENT: None
Councilman Friess advised that his vote is in the negative
due to problems with regard to sanitation.
ADMINISTRATIVE ITEMS
DIRECTOR OF PLANNING
1. PROPOSED PROCESS FOR AGRICULTURAL
PRESERVATION PROGRAM
(68) Council received copies of a report dated December 15, 1976,
from the Director of Planning forwarding a proposed schedule
for completing an Agricultural Preservation Program. Develop-
ment of the Pro -rain will involve consideration and recomnienda-
tions on the following elements: Legislative/Budgetary Consid-
erations; Economic Incentives; City Acquisition of Farmland,
Removal of City and Coastal Commission Restrictions on All
Non -Preservable Farmland; Funding Sources. The Schedule pro-
poses that City Council Public Hearings will be held on March
2t 1977, on a General Plan Amendment and other recommended
measures.
-14- 12/15/76
Councilman McDowell stated that there was no need for an 401
Agricultural Preservation Program due to the adoption of
Ordinance No. 314 establishing residential growth management.
Councilman Friess proposed that a Committee be formed to work
with Staff in developing the Agriculture Preservation Program
and that the Committee be composed of Mayor Nash, Planning Com-
mission Chairman Schwartze, and Department Heads.
It was moved by Mayor Nash and seconded by Councilman Friess
to approve the Schedule for an Agriculture Preservation Program
and Program Elements and to direct Staff to proceed accordingly;
and, to form an Agriculture Preservation Steering Committee com-
posed of Mayor Nash, Planning Commission Chairman Schwartze,
the City Manager, City Attorney, Director of Public Works, and
Director of Planning. The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
2. CRITERIA FOR LANDMARK TREES
(74) Council received copies of a report dated December 15, 1976,
from the Director of Planning forwarding a proposed Criteria
for the Designation of Landmark Trees. The Criteria has been
reviewed and found acceptable by both the Planning Commission
and San Juan Beautiful, Inc.
It was moved by Mayor Nash, seconded by Councilman Sweeney
and unanimously carried to determine that the Criteria for
Landmark Trees dated September 28, 1976, is acceptable.
3. GRADING PLAN, SMYTH BROS. PROPERTY ON
CAMINO CAPISTRANO (BAKER -MILLER -PHELPS)
(65) Council received copies of a report dated December 15, 1976,
from the Director of Planning advising that an application has
been received for further grading of the Smyth Bros. property
on Camino Capistrano north of Avenida Aeropuerto, including
removal of the knoll and complete leveling of the property; the
existing elderberry and sycamore trees would be preserved. The
Council had approved a grading plan on May 5, 1976, which invol-
ved a general leveling of the property except for the large knoll
at the rear. The purchasers of the property, Baker -Miller -Phelps,
are proposing the development of a commercial -industrial park.
Mayor Nash noted that one of the conditions of prior approval
of grading plans was that the knoll remain, The Director of
Planning advised that the original intent of the applicants
had been to remove the knoll.
It was moved by Councilman McDowell and seconded by Councilman
Friess to approve the release of the grading plan subject to
Architectural Board of Review and Planning Commission approval
of development plans consistent with the General Plan and Land
Use Management Code. The motion carried by the following vote -
AYES: Councilmen Sweeney, McDowell, Friess and Heckscher
NOES- Mayor Nash
ABSENT: None
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. REQUEST FOR LEAVE OF ABSENCE,
KAREN AlcCARTHY, TREATMENT PLANT
(66) Council received copies of a report dated December 15, 1976,
from the Director of Public Works forwarding a letter dated
November 16, 1976, from Karen McCarthy, Treatment Plant Mainte-
nance Man 1, requesting approval of a 6 -month extension of a
-15- 12/15/76
4 02 leave of absence in order to complete cour - s e
University of California, Irvine.
work at the
It was moved by Councilman Sweeney, seconded by Mayor Nash
and unanimously carried to approve.the request of Karen
McCarthy for a 6 -month leave of absence, from January 1,
1977, through June 30, 1977.
2. DRAINAGE PROJECTS FOR FISCAL YEARS 1976-77 AND 1977-78 -
(80) Council directed that --this- item be held over for -considera-
tion at the -meeting of January 5, 1977.
3. OSO CREEK CHANNEL FACILITY
REPORT ON COUNTY ENVIRONMENTAL IMPACT REPORT
(80) Council'received copies of a -report dated December 15, 1976,
from the Director of Public Works citing areas of concern
with regard to the Environmental Impact Report and Projpct
Report prepared by the County Environmental Management
Agency for the Oso Creek Channel Facility. The project pro-
poses major channel improvements and a retention basin pri-
marily north of the City limits; the City has been requested
to respond to the EIR and Project Report by December 27, 1976.
Randy Williams, 29931 Camino Capistrano, addressed the Council
and advised that the County report was completed without a
recently completed report from the State Department of Fish
& Game; that consideration should be given to an estimated
population of 66,000 people to the north of the area and
installation of a golf course; property owners in the subject
area are concerned about erosion problems.
Bill Bathgate, 29643 Camino Capistrano, addressed the Council
to affirm the comments made by Mr. Williams and to advise that
property damage is being experienced from water runoff and
effluents; the water course has shifted due to up -stream
development.
Mayor Nash suggested that City staff work closely with the
County, Mr. Williams, and Mr. Bathgate regarding the con-
cerns expressed about the project.
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried that the County be requested
to delay any action on the project for a 60 -day period of
time.
RECESS AND RECONVENE
Council recessed to Executive Session at 12:30 A.M., December 16,
1976, the City Clerk being excused therefrom, and reconvened at
1:15 A.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 1:15 A.M., December 16, 1976, to the next regular
meeting date of Wednesday, January 5, 1977, at 7:00 P.M. in the
City Council Chamber.
ATTEST:
4G S Y7NA' MAYOR
Respectfully submitted,
MARY AN2UHANOVER, ClTY CLERK
I/
-16-
12/15/76