76-0303_CC_Minutes_Regular MeetingMARCH 3, 1976 ;1'
/may
REGULAR MEETING OF THE QITY COUNCIL OF THE CITY f `
OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council was called to order by
Mayor Weathers at 7:02 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by
Councilman Sweeney.
ROLL CALL: PRESENT: James K. Weathers,.Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
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; George Lohnes, Associate Civil
Engineer; Bill Becker, Administrative Aide; Larry Lawrence,
Acting Director of Planning; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk.
MINUTES
It was moved by Councilman Sweeney, seconded by Councilman Byrnes
and unanimously carried that the Minutes of the Regular Meeting
of February 18, 1976, be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that all resolutions and ordinances be
read by title only.
BIDS. CONTRACTS. AGREEMENTS
1. AGREEMENT FOR PLANT OPERATION AND MAINTENANCE -
SERRA PROJECT COMMITTEE #2
Council received copies of a report dated March 3, 1976, from
the Director of Public Works and copies of a memorandum dated
February 27, 1976, from the City Attorney referring to the
transfer of the sewage treatment plant from the City to SERRA,
as requested by Council on February 18th.
On June 28, 1973, the City, SERRA, and the Dana Point Sanitary
District entered into an Agreement to purchase the City's
1 mgd sewage treatment facility and the property upon which
it is situated upon completion of expansion of the facility
to 9 mgd by SERRA. At the time of the transfer of ownership,
the City will receive $650,000 for its 1 mgd facility,
$71,269 for its interest in the real property, and $6,000 for
miscellaneous supplies and equipment.
Councilman Sweeney stated his objection to the transfer of
ownership at this time in view of the fact that there was no
legal requirement to act and because it was his belief that
the transfer would lessen our control and our influence in
the control of this facility.
It was moved by Councilman Byrnes and seconded by Councilman
Heckscher to approve the Agreement between the South East
Regional Reclamation Authority (SERRA) for and on behalf of
Project Committee No. 2 with the City of San Juan Capistrano
for operation and maintenance of the wastewater treatment
Plant. The motion carried by the following vote:
AYES: Councilmen Byrnes, Nash, Heckscher and
Mayor Weathers
NOES: Councilman Sweeney
ABSENT: None
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PUBLIC IIEARINGS
1.
3.
1975 SUPPLF,MENTAL WEED ABATEMENT CHARGES
Council received copies of a report dated March 3, 1976, from
the Director of Public Works forwarding the Supplemental List
of 1975 Weed Abatement Charges.
Bill Becker, Administrative Aide, addressed the Council and
made an oral report setting forth the criteria for abatement,
method of abatement, and administrative procedures.
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing open and declared that this is
the time and place for all affected parties to offer comments,
questions, and/or objections to the proposed weed abatement
procedures or charges. There being no one wishing to address
the Council, Mayor Weathers declared the Public Hearing closed
with the right to re -open at any time.
RESOLUTION NO. 76-3-3-1: WEED ABATEMENT - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONFIRMING THE COST REPORT FOR WEED ABATEMENT IN THE CITY OF
SAN JUAN CAPISTRANO
It was moved
Sweeney and
be adopted.
REZONE 76-2
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by Councilman Nash, seconded by Councilman
unanimously carried that Resolution No. 76-3-3-1
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing open on the requested zone change
from MG (General Industrial) to Chi (Commercial Manufacturing).
The proposal is to develop a master planned complex, incorpor-
ating office, quasi -industrial, and limited commercial uses on
a 6.6± acre parcel located between Paseo Adelanto and the
railroad tracks from Del Obispo Street to the existing Post
Office building. There being no one wishing to address the
Council on this matter, Mayor Weathers declared the Public
Hearing closed with the right to re -open at any time.
ORDINANCE NO. 300: REZONE 76-2 (COOPER-YEO) - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 2930 BY CHANGING
THE ZONING OF 6.6± ACRES FROM MG (GENERAL INDUSTRIAL) TO CM
(COMMERCIAL MANUFACTURING) (INTRODUCTION) was read by title
by the City Attorney. Further reading of all ordinances had
been waived earlier in the meeting.
It was moved by Councilman Sweeney and seconded by Councilman
Byrnes that Ordinance No. 300 be introduced. The motion
carried by the following vote:
AYES: Councilmen Byrnes, Heekscher, Nash, Sweeney
and Mayor Weathers
NOES: None
ABSENT: None
REZONE 76-4 (ANDREWS) - SETTING OF HEARING DATE
..Mayor Weathers set the date of Wednesday, March 17, 1976, for
the Public Hearing for consideration of Rezone 76-4 (Andrews).
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79
ORDINANCES
1. TENTATIVE TRACT 9184
ORDINANCE NO. 298: REZONE 75-2 (MALASPINA CORPORATION)
(ADOPTION) - AN ORDINANCE OF THE CITY OF' SAN JUAN C:APISTRANO,
CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED BY ORDINANCE
NO. 2939 BY CHANGING THE ZONING FROM AG (GENERAL AGRICULTURE)
TO RA (SMALL FARM DISTRICT) was read by title by the City
Attorney. Further reading of all ordinances had been waived
earlier in the meeting.
It was moved by Councilman Heckscher and seconded by Council-
man Byrnes that Ordinance No. 298 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Byrnes, Nash, Heckscher
and Mayor Weathers
NOES: None
ABSENT: None
2. TENTATIVE TRACT 9204
ORDINANCE NO. 299: REZONE 76-1 (TIERRA DEL CABALLO)
(ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING ZONING FROM GM
(GROWTH MANAGEMENT DISTRICT) TO RS (RESIDENTIAL SINGLE FAMILY
DISTRICT) was read by title by the City Attorney. Further
reading of all ordinances had been waived earlier in the
meeting.
It was moved by Councilman Heckscher and seconded by Councilman
Nash that Ordinance No. 299 be adopted. The motion carried
by the following vote:
AYES: Councilmen Sweeney, Byrnes, Nash, Heckscher
and Mayor Weathers
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed to Executive Session at 7:20 P.M. to discuss
legal and security matters and reconvened at 7:32 P.M.
RESOLUTIONS
Mayor Weathers read the following Resolutions of commendation in
full:
1. RESOLUTION NO. 76-3-3-2: COMMENDING GEORGE RILEY -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, COMMENDING ARCHITECTURAL BOARD OF
REVIEW MEMBER GEORGE RILEY
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 76-3-3-2
be adopted.
2. RESOLUTION NO. 76-3-3-3: COMMENDING HARRY C. SCHREY -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, C0MMENDING PARKS AND RECREATION
COMMISSIONER HARRY C. SCHREY
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 76-3-3-3
be adopted.
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3. RESOLUTION NO. 76-3-3-4: COMMENDIT" "" ..EL "MINNIE" SURLES -
A RESOLUTION OF' THE CITY COUNCTT,oy _.1E CITY OF SAN JUAN
CAPISTRANO. CALIFORNIA, COM^t`;i'"`� PARKS AND RECREATION
COMMISSIONER MINNIE SUFt"�
It was moved by i'<?`,_,iman Byrnes, seconded by Councilman
Sweeney a_j1 ;;,"_,�mously carried that Resolution No. 76-3-3-4
he Quopteu.
4. RESOLUTION NO. 76-3-3-5: COMMENDING JAMES F. THORPE -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' SAN JUAN
CAPISTRANO, CALIFORNIA, COMMENDING PARKS AND RECREATION
COMMISSIONER JAMES F. THORPE
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that Resolution No. 76-3-3-5
be adopted.
ORAL COMMUNICATIONS
Mr. David Muralt and Mrs. Jean Myers advised that they would like
to address the Council at the time their respective items appear
on the Agenda.
WRITTEN COMMUNICATIONS
1. PETITION - CAPISTRANO VILLAS HOMEOWNERS ASSOCIATION NO. 1
Council received copies of a petition and correspondence
regarding the Board of Directors of the Capistrano Villas
Homeowners Association No. 1 forwarded by Ernest L. Alexander,
President of the Association. Mayor Weathers ordered the
items received and filed.
2. PETITION RE ANIMAL CONTROL - CAPISTRANO GARDEN HOMES
ASSOCIATION NO. 1
Council received copies of a Petition from the members of
Capistrano Garden Homes Association No. 1 requesting better
animal control. Mayor Weathers directed that the City
Manager investigate the matter and report back to Council.
3. LEAGUE OF CALIFORNIA CITIES
Council received copies of a letter dated February 18, 19760
from the Orange County Division of the League of California
Cities forwarding a report entitled "Staffing Alternatives
and Funding Requirements" and requesting City response by
March 11th. The matter was referred to the City Manager for
recommendation at the March 9, 1976, Council meeting.
CONSENT CALENDAR
It was moved by Councilman Byrnes, seconded by Councilman
Heckscher and unanimously carried to accept the staff recommenda-
tions with regard to the following Consent Calendar items:
1. APPROVAL OF WARRANTS
The List of Demands dated March 3, 1976, Warrants Nos. 6670
through 6730, inclusive, in the total amount of $298,617.30,
is approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF MARCH 31 1976
The City Treasurer's Report of Investments as of March 31,
1976, was received for information.
3. REPORT OF PLANNING COMMISSION ACTIONS OF FEBRUARY 17 1976
The Report of actions taken by the Planning Commission at
their regular meeting of February 17, 1976, was received for
information.
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3/3/76
4. TRACT 8129, VILLAGE SAN JUAN (ZELLNER COA!MUNITIES_'__INC.) - 81
The public improvements for Tract 8129, Village San Juan
(Zellner Cormnunities, Inc.) are accepted; authorization is
granted to release the Faithful Performance Bond and the
Monumentation Bond. The Labor and Material Bond is required
to be extended to March 3, 1977.
5. REOUEST FOR DECREASE OF INSURANCE COVERAGE -
The request of Lyle P. Decker, Capistrano Cab Co., for a
reduction in the amount of insurance coverage required by
the City is denied.
6. TRACT 5126 - CONDEMNATION OF RIGHT-OF-WAY (MAURER)
Staff is directed to commence condemnation proceedings and
to file an immediate right of possession in accordance with
the Agreement between Woodside Homes (Maurer Development
Company, Lucas Development Corporation, Cameo Homes) and
the City of San Juan Capistrano, dated August 20, 1975. The
condemnation is for the purpose of acquiring title to two
abandoned well sites within the future street right-of-way
of Calle Arroyo on the easterly boundary of the tract which
fronts the Ortega Highway.
SUBDIVISIONS AND ANNEXATIONS
1. PARCEL MAP FOR DIVISION OF LAND 73-104 (SWARTOUT)
Council received copies of a report dated March 3, 1976, from
the Director of Public Works forwarding a letter from Bruce E.
Swartout dated February 20, 1976. This matter is continued
from the meeting of February 18, 1976. The City Attorney has
submitted a written report that the Parcel Map, as submitted,
conforms to all statutory requirements and may be approved
for processing; the purported dispute between Ms. Myers and
Mr. Swartout relates to beneficial interests in the property
created by their agreements and has no bearing upon the
propriety of the parcel map as a means of dividing the land
in question.
Jean A. Myers, 4010 Bluff Place, San Pedro, addressed the
Council in opposition to the approval of the Parcel Map for
DL 73-104.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve Division of Land
73-104, to direct staff to make the necessary approvals, and
to authorize processing of the subject map for recordation.,
2. TENTATIVE TRACT 9184 - MALASPINA CORPORATION
Council received copies of a report dated March 3, 1976, from
the Acting Director of Planning forwarding background infor-
mation on Tentative Tract 9184, a division of 39.8} acres of
land into 13 lots. The property in question is located
easterly of Interstate 5 and southerly of the existing
Mission Hills Ranch development. Forwarded also were copies
of Planning Commission Resolution PC 76-2-17-2 setting forth
the conditions of approval for the project.
It was moved by Councilman Sweeney and seconded by Councilman
Byrnes to approve Tentative. Tract 9184, as recommended by
the Planning Commission, subject to the conditions of approval
set forth in Planning Commission Resolution PC 76-2-17-2.
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82
Brad Gates of Alalaspina Corporation, PosL Office Box 338, San
Juan Capistrano, addressed the Council. regarding Condition 9
of the Resolution which requires desi{na.Lion and improvement
of a 10 -foot wide equestrian easeme-nt. Mr. Gates requested
relief from the Condition and offered a 5 -foot wide equestrian
easement along the north and west boundaries of the tract; he
also requested permission to enter into an agreement with
Mission Hills Ranch Association whereby Mission Hills Ranch
would offer to dedicate a 5 -foot wide equestrian easement along
the north boundary before filing of the final map; the property
owner to the west would then enter into an agreement offering
to dedicate a 5 -foot wide strip.
Mr. Robert Honeyman, President of Malaspina Corporation, also
addressed the Council and presented a proposed agreement to
the Council and to the City Attorney whereby Rancho Cerritos
would purchase Lot "B" when it is created. This proposal
would concur with Alternate #5 of the tract Alignment Studies
which are included within the staff report.
Condition 9:
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that the motion to conditionally approve the tract
be amended as follows:
"The requirement of a 10 -foot wide equestrian easement is
modified from 10 feet to 5 feet; an Agreement with Mission
Hills Ranch Association for a 5 -foot wide easement of their
property along the north boundary would be required; a
requirement for a 5 -foot wide equestrian easement from the
property on the west boundary would be listed as a condition
of future development of that property, all subject to
referral of the matter back to the Planning Commission and
report to the City Council on March 17, 1976."
With the concurrence of the second, Councilman Sweeney then
withdrew the amendment to the motion.
It was moved by Councilman Heckscher, seconded by Councilman
Byrnes and unanimously carried that Condition 9 be changed
so that a 5 -foot strip be required on the north section
conditioned upon the negotiation of an arrangement with the
owner of the property on the northern side whereby a corres-
ponding 5 -foot strip would be secured for the purpose of an
equestrian trail; and, that a 10 -foot strip be required on
the western side, however, that the applicant have the option
of dedicating a 5 -foot strip providing he can secure from
the property on the western side a corresponding 5 -foot strip.
Condition 8:
It was moved by Councilman Byrnes, seconded by Councilman
Heckscher and unanimously carried that Condition 8 be amended
to read as follows:
"CC&Rs shall provide for maintenance of the private road,
equestrian trails, and common open space lot ."
Condition 10:
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that Condition 10 be modified
along the concepts of Alternate #5 of the Alignment Studies.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that an agreement be entered
into between the City, Malaspina Corporation, and Rancho
Cerritos with regard to Junipero Serra Road right-of-way
dedication. The agreement is to be along the lines of that
submitted by Mr. Honeyman.
It was the consensus of the Council that the Planning Commis-
sion be directed to forward its recommendation on the above
amendments for consideration by the City Council on March 17,
1976.
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RECESS AND RECONVENE
Council recessed at 9:05 P.M
83
and reconvened at 9:25 P.M.
SUBDIVISIONS (CONTINUED)
3. TENTATIVE TRACT MAP 9204 (TIERRA DEL CABALLO INVESTORS, LTD.)
Council received copies of a report dated March 3, 1976, from
the Acting Director of Planning regarding Tentative Tract
9204 a proposed division of 4.92 acres into 14 residential
lots and one common lot; the property is located on the east
side of the Ortega Highway.
Mr. Lee Newland, attorney at law, representing Tierra del
Caballo Investors, Ltd. addressed the Council to advise that
additional property has been dedicated to make access to the
Ortega Highway less hazardous, and to request approval of the
Tentative Map in order to proceed with the project. Iie
advised that there would be a common equestrian trail down
the middle of the proposed subdivision from the facility on
Lot A to San Juan Creek.
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried to approve Tentative Tract 9204, as
recommended by the Planning Commission, subject to the condi-
tions set forth in Planning Commission Resolution PC 76-2-17-3
with the notation that the easement will be for a "common
equestrian trail and facility."
4. APPROVAL OF PARCEL MAP FOR DIVISION OF LAND 75-6 (SMYTH BROS.)
Council received copies of a report dated March 3, 1976, from
the Director of Public Works regarding Division of Land 75-6,
the creation of a 21,000 sq.ft. lot from an existing 5.45
acres of land located at the northwest intersection of
Avenida Aeropuerto and Camino Capistrano.
It was moved by Councilman Heckscher, seconded
Sweeney and unanimously carried to approve
DL 75-6 (Smyth Bros.) determining that it
with the seven specific findings listed in
March 3, 1976, to authorize staff to make
certifications on the original map, and to
the County Recorder for recordation.
ADMINISTRATIVE ITEMS
DIRECTOR OF PLANNING
1. COUNTY
the
is in
by Councilman
Parcel Map for
conformance
the report dated
the necessary
forward the map to
REPORT
Council received copies of a report dated March 3, 1976, from
the Acting Director of Planning regarding a proposed planned
community of approximately 1000 dwelling units located on 500'
acres of property along the northwestern City boundary. The
Environmental Impact Report has been received from the County
Environmental Management Agency for City review and comment.
The items of City concern are the impact on traffic circula-
tion, visual effect of ridgeline development, and the impact
on utility services and school crowding. Council also
received copies of the City's Environmental Review Board
comments from their meeting of February 3, 1976.
Councilman Nash requested that the contradictions in the Report
be pointed out to the County, i.e., the extensions of Trabuco
Creek Road and Junipero Serra Road being shown as possible
arterials to serve the project. Both extensions are in direct
conflict with the Circulation Element of the City's General
Plan; and, the extension of Trabuco-Creek Road has been
deleted from all four alternatives produced by the Southeast
Orange County Circulation Study.
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Councilman Iieckscher notpct that
the project is four t;m6s that
which was adopted,by the City,
the*ter` proposed density of
of yi 6EOCCS Alternative #4
It was moved by Council-_,,, .ockscher, seconded by Councilman
Byrnes and unanimously .rried to endorse the City's Environ-
mental Review Bn%o-umments of February 3, 1976, and to
direct that ',w,_ comments be forwarded to the appropriate
County alrc._. y.
RECTOR OF PUBLIC WORKS/CITY ENGINEER
1. PROPOSED ROUTE "E" ALTO CAPISTRANO PROGRESS REPORT
Council received copies of a report dated March 3, 1976, from
the Director of Public {Yorks advising of actions taken since
the submittal of the January 7, 1976, progress report of the
proposed Route "E"in the Alto Capistrano area. The project
includes not only Route "E; but a City park, retention basin,
and alternate access to the adjacent Meredith Tract. A
preliminary design has been completed, a tentative map pre-
pared and bonding estimate, and a contract has been let for
the Environmental Impact Report.
Dennis Bushore, Principal Administrative Aide, Public Works,
provided maps and profiles for Council review and made an
oral report on alternative routes considered, amount of cut
and fill, etc.
It was the consensus of the Council that no further technical
work be done on this project until receipt of the Environ-
mental Impact Report.
2. PROPOSED ROUTE "D" ALTO CAPISTRANO PROGRESS REPORT
Council received copies of a report dated March 3, 1976, from
the Director of Public Works regarding Route "D", the pro-
posed road over Window Hill in the Alto Capistrano area of
the City. The road would extend from Avenida Ca.lita to the
intersection of Via California and Camino Las Ramblas to
provide access to the adjacent Meredith Tract.
Glendale Federal, one of the property owners involved, has
determined that a major earth fault exists on Window Hill
and a realignment of the original route is necessary. The
new alignment results in several conflicts with the Land Use
Management Code.
The Director of Public Works reported thatdue to the new
alignment, construction costs are now estimated at $250,000,
and a substantial increase in funds from the property owner
would have to be received before proceeding with the project.
Mayor Weathers ordered the report received and filed and
directed the Public Works staff to continue with the plans
and specifications for a road over Window Hill.
3. TRAFFIC SAFETY DEVICES - APPLICATION FOR STATE GRANT FUNDS
Council received copies of a report dated March 3, 1976, from
the Director of Public Works forwarding copies of an Applica-
tion to the State Office of Traffic Safety for grant funds
under the Highway Safety Act of 1970. If granted, the funds
would be allocated to establishing a current inventory of
types and locations of traffic control devices and markings,
and a standardized maintenance program would be established.
It was moved by Councilman Heckscher, seconded by Councilman
Byrnes and unanimously carried to approve the grant Applica-
tions, to authorize the Mayor to execute the Application on
behalf of the City, and to direct staff to submit the Appli-
cation to the appropriate State agency.
3/3/76
4. FIESTA DE LAS OOLONDRINAS PARADE - TRAFFIC CONTROL
Council received copies of a report dated March 3, 1976, from
the Director of Public Works forwarding a traffic control
plan for the Fiesta de las Golondrinas Parade scheduled for
Saturday, March 20, 1976, commencing at 1:00 P.M.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the following
street closures and parking restrictions, as recoimnended by
the Traffic and Transportation Commission:
a. Restrict parking areas on both sides of the street
Saturday, March 20, between 3 A.M. and 4 P.M.:
Camino Capistrano between Del Obispo and La Zanja;
El Camino Real between Ortega and La Zanja;
Ortega between Camino Capistrano and Interstate 5;
Yorba, Los Rios, Forster and Verdugo.
b. Close the entire parade route from noon to 3:30 P.M.
In addition, Los Rios between Del Obispo and Verdugo;
E1 Camino Real between Ortega and Forster; Yorba,
Forster and Verdugo will also be closed during the
parade.
C. The following closed streets will be opened at the
discretion of the Sheriff's Department to alleviate any
problems with crowd control:
Camino Capistrano between Ortega and Del Obispo;
Los Rios between Del Obispo and Verdugo;
Yorba, Forster and Verdugo.
5. UNDERGROUNDING OF OVERHEAD UTILITIES - STANDARD POLICY
Council received copies of a report dated March 3, 1976, from
the Director of Public Works submitting a formal policy for the
undergrounding of overhead utilities for Council consideration
entitled "Standard Existing Utility Undergrounding Policy."
Council discussed the feasibility of allowing applicants to
submit bonds rather than cash deposits; and, it was the consensus
of the Council that the Policy be refined and returned to
Council at a later date.
6. PAYMENT OF DRAINAGE FEES - STANDARD POLICY
Council received copies of a report from the Director of
Public Works forwarding a defined policy for the administration
of the payment of drainage fees for Council consideration.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve the "Standard
Drainage Fee Policy of the City of San Juan Capistrano" and
to administer the collection of drainage fees accordingly.
7. REQUEST FOR DEFERRAL OF DRAINAGE FEES -
59TTO h T T\
This matter was continued at the Council meeting of February 18,
1976, pending receipt of the Standard Policy for payment of
drainage fees. Mr. D.C. Muralt is requesting a deferral of
the payment of drainage fees for the Parcel Map required by
Division of Land 75-5.
Mr. David C. Muralt, 40001 Calle Juno, San Clemente, addressed
the Councilto request deferral of payment of drainage fees
until the time of development.
It was moved by Councilman Heckscher and seconded by Councilman
Nash thatthe payment of drainage fees be deferred contingent
upon the submittal of an appropriate bond by Mr. Muralt. The
motion was then withdrawn with the concurrence of the second.
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EMS
It was moved by Council,,,tn ..;ckscher and seconded by Council-
man Nash to approve oferral of payment of drainage fees
for Division of ::i-5, the payment of said fees to be
made at the - of issuance of building permits. With the
concurr vl the second, the motion was then amended so
"i:: drainage :fees are to be payable upon receipt of the
_�rst building permit for Division of Land 75-5. The amended
motion carried by the following vote:
AYES: Councilmen Sweeney, Byrnes, Nash and Heckscher
NOES: Mayor Weathers
ABSENT: None
8. SERRA PROJECT COMMITTEE #5 BUDGET - OCEAN OUTFALL
Council received copies of a report dated March 3, 1976, from
the Director of Public Works forwarding copies of the Project
Committee No. 5 budget, as approved by the Board of Directors
of the SouthEast Regional Reclamation Authority. The revised
budget will increase the City's participation by $300.00.
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried to approve the revised
SERRA Project Committee No. 5 budget in the amount of
$752,300.00 and a Phase A portion of said budget in the
amount of $514,688.72 dated February 9, 1976.
RECESS AND RECONVENE
Council recessed to Executive Session at 11:15 P.M. and reconvened
at 11:30 P.M.
LOS RIOS STUDY AREA - APPOINTMENT OF STEERING COMMITTEE MEMBERS
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that the following persons be appointed
to the Steering Committee for the Los rcios Study Area:
1. Dan Rios
2. Evelyne .Villegas
3. Tony Martinez
4. D. Giolito
5. Forrest Dunivin
The Planning Commission, Traffic and Transportation Commission,
Parks and Recreation Commission, and Cultural Heritage Commission
will be invited to appoint one of their members to the Steering
Committee.
CITY HALL SECURITY
Due to the break-in which occurred at the City offices on February ^+
24th the Director of Administrative Services requested approval
of an expenditure of $6,000 to improve the outside fencing of the
City Hall grounds, subject to the approval of plans by the Sheriff
and the City Manager.
The Mayor directed that a full and complete written report of the
City Hall break-in be prepared by the City Manager to incorporate
statements from the Director of Administrative Services and the
City Treasurer, specifically concerning the events which took
place surrounding the break-in.
It was moved by Councilman Heckscher, seconded by Councilman Nash
and unanimously carried to authorize the expenditure, as required.
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Sin
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:35 P.M. to Tuesday, March 9, 1976, for the
canvass of election returns and Council re -organization.
Respectfully submitted,
MARY ANN ANOVER, CITY CLERK
APPROVED:
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IJARCH 9, 1976 -
A7,Ji! ''.4LD_.REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
r
The Adjourned Regular Meeting of the City Council was called to
order by Mayor Weathers at 7:02 P.M. in the City Council Chamber,
followed by the Pledge of Allegiance to the Flag.
ROLL CALL: PRESENT: James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Yvon 0. Heckscher
Councilman Douglas B.Nash
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services; James S. Okazaki, City
Attorney; Mary Ann Hanover, City Clerk.
DECLARATION OF RESULTS OF MARCH 2 1976 ELECTION
The City Clerk announced that in accordance with Resolution No.
76-1,-7-4, the canvass of the returns of the election held March 2,
1911, was made on March 6, 1976. The Clerk then read the election
results and advised that the Certificate of Canvass is attached as
Exhibit "A" to Resolution No. 76-3-9-1.
It was moved by Councilman Sweeney, seconded by Councilman Byrnes
and unanimously carried that Resolution No. 76-3-9-1 be adopted.
The Resolution is as follows:
RESOLUTION NO. 76-3-9-1
RESULTS OF ELECTION, MARCH 2, 1976
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING
THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD
IN SAID CITY OF SAN JUAN CAPISTRANO ON THE 2ND
DAY OF MARCH, 1976, DECLARING THE RESULT THEREOF
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
WHEREAS, a regular general municipal election was held
and conducted in the City of San Juan Capistrano, County of Orange,
State of California, on Tuesday, the 2nd day of March, 1976, as
required by law; and
WHEREAS, notice of said election was duly and regularly .
given in time, form and manner as provided by law; that voting
precincts were properly established; that election officers were
appointed and that in all respects said election was held and
conducted and the votes cast thereat, received and canvassed and
the returns made and declared in time, form and manner as required
by the provisions of the Elections Code of the State of California
for the holding of elections in cities; and
WHEREAS, pursuant to Resolution No. 76-1-7-4 adopted
the 7th day of January, 1976, the City Clerk of the City of San
Juan Capistrano canvassed the returns of said election and has
certified the results to this City Council, said results are
received, attached and made a part hereof as "Exhibit A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
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