76-0317_CC_Minutes_Regular MeetingMARCH 17, 1976
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council was called to order by
Mayor Nash at 7:07 P.M. in the City Council Chamber, followed by
the Pledge of Allegiance to the Flag. Invocation was given by
Pastor Bob Scott, Community Christian Church.
ROLL CALL: PRESENT: Douglas B. Nash, Mayor
Yvon O. Heckscher, Mayor pro tem
Councilman Kenneth E. Friess
Councilman Richard D. McDowell
Councilman John B. Sweeney
ABSENT: None
STAFF PRESENT: John O'Sullivan, Director of Administrative
Services; William D. Murphy, Director of Public Works/City
Engineer; Larry Lawrence, Acting Director of Planning; James S.
Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
March 3, 1976:
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that the Minutes of the Regular
Meeting of March 3, 1976, be approved with the following correc-
tions: (1) Page 1, Agreement for Plant Operation and Maintenance -
SERRA Project Committee #2, insert the following statement prior
to the motion: "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;" and, (2) Page 10, City Hall Security,
insert the following statement prior to the motion: "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."
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that all resolutions and ordi-
nances be read by title only.
PERSONNEL - INTRODUCTION OF PLANNING DIRECTOR
Mayor Nash introduced Thomas G. Merrell, newly -appointed Planning
Director, and welcomed him to the City. Mr. Merrell will commence
his employment with the City March 29, 1976.
SIGN REGULATIONS - EL ADOBE RESTAURANT
Council had received copies of a letter dated March 4, 1976, from
Edwin Cornwell of the E1 Adobe Restaurant, 31891 Camino Capistrano,
requesting an opportunity to present letters and petitions regard-
ing their roof sign.
With the concurrence of the Council and the appellant, Mayor Nash
directed that this matter be heard at the present time due to the
number of interested persons in the audience.
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96 Alfred Cornwell, owner O.o El Adobe, addressed the Council,
as did Edwin Cornwe'_: -v'r� presented petitions allegedly signed
by 577 persons :;i.a ..pies of 12 letters opposing the removal of
the El Adobc N.„aurant roof sign.
Ducts ane fact that a lawsuit has been instigated by the
Cornwells, Mayor Nash stated that specific discussions of this
matter would be inappropriate at the present time. The City
Attorney advised that if the parameters of discussion were
established, the matter could be placed on a future Council
agenda. Mayor Nash directed that the City Attorney attempt to
present the matter for Council consideration at the meeting of
April 7, 1976.
BIDS, CONTRACTS, AGREEMENTS
1. WEED ABATEMENT SERVICES -
APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS
Council received copies of a report dated March 17, 1976,
from the Director of Public Works forwarding tentative
specifications for weed abatement services.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the specifications
for weed abatement services and to authorize the City Manager
to accept bids for said services. The last sentence of Page
3 of the specifications will be amended to refer to Section
3201, et seq., of the California Labor Code, rather than to
the Workmen's Compensation Insurance Act, as suggested by
the City Attorney.
2. EL CAMINO REAL PARK CONSTRUCTION -
AWARD OF BID
Council received copies of a report dated March 17, 1976,
from the Director of Public Works forwarding a capitulation
of bids received on March 9, 1976, for the construction of
E1 Camino Real Park.
In response to questions from Councilmen McDowell and Sweeney,
respectively, the Director of Public Works advised that
preliminary estimates for maintenance of the park ranged from
$30,000 to $40,000 per year and that opening ceremonies at
the park are scheduled for the Fourth of July in conjunction
with the planting of the 200th tree by San Juan Beautiful.
Councilman Heckscher advised that the specifications for the
park were drawn with a minimum of maintenance in mind.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to accept the low bid sub-
mitted by A. Art Braeger Company of Upland, California, in
the amount of $125,209.18 for the total contract bid, to
authorize the Mayor to execute the Agreement on behalf of the
City, and to reject all other bids received.
3. PUBLIC WORKS STREET PATCH UNIT -
APPROVAL OF SPECIFICATIONS
Council received copies of a report dated March 17, 1976,
from David B. Smith, Administrative Services, forwarding
specifications for a street patch unit, as approved in the
1975-76 fiscal budget.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the specifications
as submitted and to authorize the City Manager to call for bids.
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PUBLIC HEARINGS
1. 1975 SUPPLEMENTAL WEED ABATEMENT CIIARGES -
m
Council received copies of a report dated March 17, 1976, from
the Director of Public Works advising that one of the affected
property owners was inadvertently advised to appear at 7:30 P.M.
for the Public Hearing on 1975 Supplemental Weed Abatement
Charges held on March 3, 1976; and, consequently, was not
present in the Council Chamber at the time of the Public
Hearing.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to set the date of April 7,
1976, to re -open the Public Hearing to hear objections on all
1975 supplemental weed abatement charges assessed by Resolution
No. 76-3-3-1 adopted by the City Council on March 3, 1976.
2. REZONE 76-3, KCS SYSTEMS, INC. -
SETTING OF HEARING DATE, APRIL 7, 1976
Council received copies of a report dated March 17, 1976, from
the Acting Director of Planning regarding the application for
a zone change received from KCS Systems, Inc. for an 8.75+
acre parcel located at the southwest corner of Aguacate Road
and Del Obispo Streets.
Mayor Nash directed that the date of April 7, 1976, be set for
the Public Hearing on Rezone 76-3.
3. STORER CABLE TELEVISION - REOUEST FOR RATE INCREASE -
Council received copies of a report dated March 17, 1976, from
the Director of Administrative Services forwarding a letter
dated February 25, 1975, from Rick Mardock, Manager, Storer
Cable TV, Inc., requesting that the City Council reconsider
their request for rate increases, as presented at the City
Council meeting of August 11, 1975. It is anticipated that
the cable television rate analysis will be available from the
consultant, Cable Dynamics, Inc., prior to the next regular
Council meeting.
Mayor Nash directed that the date of April 7, 1976, be set for
the Public Hearing for consideration of rate increases, as
requested by Storer Cable TV, Inc.
4. REZONE 76
IS PARCEL NO. 649-082-21
Notice having been given as required by law, Mayor Nash declared
the Public Hearing open on the requested zone change from EL
(Large Estate) to ES (Small Estate) and inquired if anyone in
the audience wished to address the Council. The proposal is
to change the minimum lot size from one acre to 20,000 square
feet on a 3.Of acre parcel of land located on the northwest
corner of Calle Aspero and Del Obispo Street.
Randy Williams, 29931 Camino Capistrano, representing Helen
Shrewsbury, addressed the Council in favor of the rezone
request.
There being no one else wishing
matter, Mayor Nash declared the
right to re -open at any time.
to address the Council on this
Public Hearing closed with the
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�.l �O":,trr:,NCE NO. 302: REZONE 76-4 (ANDREA') - AN ORDINANCE OF THE
.8 �CIrY OF SAN CA1117T JUAN N
ffJJANO, CALIFORNIA, AMENDING OFFICIAL
ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CIIANGING THE ZONING
OF 2.0+ ACRES'FROM.EL (LARGE ES'T'ATE) TO ES (SMALL ESTATE)
(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
McDowell that Ordinance No. 302 be introduced. The motion
carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
ORDINANCES
1. REZONE 76-2 COOPER-YEO - ASSESSOR'S PARCEL NOS. 668-072-05
-07, -09, -10, -11, -12, -13, AND 668-082-02, -04 (ADOPTION
2
`ti
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. 293, BY CHANGING
THE ZONING OF 6.6+ ACRES FROM MG (GENERAL INDUSTRIAL) TO CM
(COMMERCIAL MANUFACTURING) 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
McDowell that Ordinance No. 300 be adopted. The motion carried
by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
REGULATING BEVERAGE CONSUMPTION (URGENCY).
NANCE NO. 301: PROVIDI
TI
ux DL'ylnAuzo LUnliNu r'UDrJlt. uA-inznllNuo - A1N VttvllNAINur. ur- '1'nr;
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROHIBITING THE
CONSUMPTION OF BEVERAGES IN THE PUBLIC STREETS, SIDEWALKS OR
OTHER RIGHTS-OF-WAY FROM GLASS OR METAL CONTAINERS DURING
OFFICIAL CITY FIESTAS AND RELATED PUBLIC ACTIVIES was read by
title by the City Attorney. Further reading of all ordinances
had been waived earlier in the meeting.
Council directed that the City Attorney clarify Section 1 of
the Ordinance so that the throwing of bottles and cans is
specifically addressed.
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that Ordinance No. 301 be adopted as an urgency
matter pursuant to Sections 36937 (b) and (c) of the Government
Code. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
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3/17/76
RESOLUTIONS
1. RESOLUTION NO. 76-3-17-1.: COMMENDING JAMEw.K. WEATHERS
A RESOLUTION OF THE CITY COUNCIL OF 'i'HE CITY'OF.SAN JUA
CAPISTRANO, CALIFORNIA was read in full by Mayor Nash.
Resolution commends Mr. Weathers for his service to the
community during his term as Member of the City Council
April, 1972, to March 9, 1976, and as Mayor from March,
to March 9, 1976.
99
The
from
1975)
It was moved by Councilman Sweeney, seconded by Mayor Nash
and unanimously carried that Resolution No. 76-3-17-1 be
adopted.
Mayor Nash presented Mr. Weathers with a City Seal plaque
and gavel on behalf of the City. Mr. Weathers thanked the
Council for the momento and stated he appreciated having had
the opportunity of serving the community.
2. RESOLUTION NO. 76-3-17-2: COMMENDING ROY L. BYRNES -
A_RESOLUTION OF THE CITY -COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA.
The Resolution commends Dr. Byrnes for his service to the
community during his term as Member of the City Council from
April, 1972, to March 9, 1976, and as Mayor from April, 1973,
to March 9, 1976.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that Resolution No. 76-3-17-2
be adopted.
Since Dr. Byrnes was unable to attend the Council meeting, the
presentation of a City Seal plaque will be handled adminis-
tratively.
3. AMENDED WEED ABATEMENT COST REPORT
Council received copies of a report dated March 17, 1976, from
the Director of Public Works advising of two corrections in
charges to be made to the 1975 Weed Abatement Program.
RESOLUTION NO. 76-3-17-3: WEED ABATEMENT -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE COST REPORT FOR WEED
ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO
It was moved by Councilman McDowell, seconded by Mayor Nash
and unanimously carried that Resolution No. 76-3-17-3 be
adopted. The Resolution authorizes the City Engineer to for-
ward the corrected charges to the County Auditor -Controller
for revision of the 1974-75 tax assessment rolls.
ORAL COMMUNICATIONS
1. PETITION AND LETTER - MISSION BELL RANCH (ALLEN)
Mrs. James Allen, 33292 Via Mayor, addressed the Council and
read a letter dated March 17, 1976, citing several items of
concern to the residents of the Mission Bell tract off Del
Obispo Street at the south City limits. She requested
City action on the following items:
a. Landscaping of Lots 149 and 150 in the Tract.
b. Installation of a ramp and entrance gate to the
bike trail.
C. Control of motorcycles and dune buggies.
d. Installation of traffic control at Del Obispo and
Blue Fin Drive.
e. Enforcement of prohibitions on shooting and hunting.
f. Control of low-flying aircraft.
-5- 3/17/76
Mrs. nljcn also presented a "Petition to Maintain Landscape
i Gr�cnbelt" signed by residents of the area requesting that
the City landscape and maintain the 3-1/2 acres contained in
Lots 149 and 150 as a mini park.
Mayor Nash advised that the City had recently acquired owner-
ship of the lots referred to and suggested that Mrs. Allen
attend the Parks and Recreation Commission meeting when the
matter is discussed in order to express her opinion. Mayor
Nash directed that the City Manager respond to Mrs. Allen's
letter item by item.
It.was moved by Councilman Friess, seconded by Councilman
Heckscher and unanimously carried that staff report to the
City Council at the next meeting with proposed wording for a
sign which could be posted along bike trails regarding prohibi-
tions on the use of motorcycles and guns. The wording is to
be appropriate for other locations within the City also.
Councilman Friess requested that staff investigate solutions
available to the City to enforce flight plans and FAA
restrictions on low-flying aircraft, including legal alterna-
tives of closing down the airport if there is lack of
compliance with regulations.
Council also directed that staff report on the double taxation
experienced in the area for parks and recreation and sanitation
districts, and the possibility of a tax credit or rebate to
the affected property owners.
Mayor Nash directed that the Traffic and Transportation
Commission re -address the feasibility of installing a traffic
signal at the intersection of Del Obispo Street and Blue Fin
Drive. The condition of the north and southbound lanes
leading into Mission Bell Ranch is also to be addressed. The
Commission is to report back to Council within three weeks.
Mr. William Eberhart and Mr. Richard McDonald, both of Mission
Bell Ranch, also addressed the Council regarding the need for
a traffic signal at Blue Fin Drive,sight distance, and speed
limits.
David Muralt, 4001 Calle Juno, San Clemente, and Gus Gilfillan,
Newport Beach, requested permission to address their respective
items when they appear later on the Council Agenda.
2. COUNTY TERRITORY - MARLBOROUGH TRACT/PROPOSED EXTENSI(
STONEHILL DRIVEiSPHERE OF INFLUENCE
Mr. Jim Vanderhoof, 25690 Via del Rey, addressed the Council
and advised that a public hearing is scheduled at the County
offices on March 22nd on the Environmental Impact Report and
Circulation Element of the proposed Marlborough tract near
the south City limits. A hearing is also scheduled for
March 17th on the proposed extension of Stonehill Drive.
Mayor Nash directed that the Acting Director of Planning attend
the March 17th hearing to express the City's concerns regarding
height and grading in conjunction with an extension of
Stonehill Drive. Council members are also encouraged to attend
the hearing.
Mr. Bill Timodi, Mission Bell Ranch, addressed the Council
regarding possible construction of condominiums at the south
City limits and subsequent loss of view by residents of the City.
Councilman Heckscher inquired as to the mechanics of applying
to LAFCO for reconsideration of the City's sphere of influence
and suggested the formation of a committee of one Council
Member and one staff member to initiate an application.
-6- 3/17/76
Mayor Nash directed that the Pianning
the situation and place the matter of
influence on the next Council agenda.
3. PETITION FOR TRAFFIC SIGNAL -
Department re-appraisell 0�
the City's sphere of
FIN DRIVE
Council received copies of a Petition dated March 1, 1976,
signed by 132 residents of Mission Bell Ranch, requesting the
installation of a traffic signal at the intersection of Del
Obispo Street and Blue Fin Drive.
,lir. Armando Gomez, 25711 Via Solis, circulator of the Petition,
addressed the Council to suggest consideration of a stop sign
at the location, due to the high cost of installing a traffic
signal. The Director of Public Works had previously advised
that the cost of a permanent traffic signal would be approxi-
mately $30,000. The Director of Public Works advised that the
matter will be discussed by the Traffic and Transportation
Commission at their meeting of April 15th.
RECESS AND RECONVENE
Council recessed at 8:33 P.M
CONSENT CALENDAR
and reconvened at 8:55 P.M.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to accept the staff recommendations
with regard to the following Consent Calendar items:
1. REPORT OF PLANNING COMMISSION MEETING OF MARCH 1. 1976
The Report of actions taken by the Planning Commission at
their regular meeting of March 1, 1976, was received for
information.
2. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES
AS OF MARCH 1. 1976
The City Treasurer's report of 1911 Act delinquent bonds as
of March 1, 1976, was received for information.
3. PROCLAMATION OF EASTER SEAL MONTH MARCH 1 - APRIL 18 1976
March 1 through April 18, 1976, is proclaimed Easter Seal
Month in the City, as requested by the Rehabilitation
Institute of Orange County.
4. OFFICIAL ZONING MAP - CORRECTION OF DRAFTING ERROR
Authorization is granted to correct the error on the Official
Zoning Map for Assessor's Parcel No. 124-120-67 so that the
entire parcel is placed within the PR (Private Recreational)
District; said correction is consistent with the General Plan
and is in accordance with Section 65801 of the California
Government Code and will have no detrimental effect on the
property owner or on adjacent property owners.
5. REOUEST FOR ADDITIONAL COMMUNITY
Authorization is granted for the expenditure of $315 to extend
the services of the Community Counseling Center for the months
of April, May and June. The facilities at 32141 Alipaz Street
are being expanded in order to provide new and extended
services to the public; the requested funds are for liability
and utility expenditures for the 3 -month period, as requested
by Larry Flores, Coordinator of the Center.
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1 V Fes! QUITCLAIM OF SANITARY_ k%"` EASFMENT -
TRACI' 51216 (MAURN"'i —
The quip -4.4 .,i a sanitary sewer easement within Tract 5126
off -o--,-tega Highway is approved and the Mayor and City
% authorized to execute the Quitclaim Deed on behalf of -
the City.
APPROVAL OF WARRANTS
Warrant No. 6812, payable to DST Builders in the amount of $2,494.00
for inspection services of the gasoline storage tank vapor recovery
system required by the County Air Pollution Control: Councilman
Heckscher inquired if inspection had been made by the fire service
after the installation of the system and requested that regular
inspections be scheduled. The Director of Public Works advised
that the inspections would be requested.
Warrant No. 6819, payable to Greg hall in the amount of $1,209.60
for services for tennis instruction, 8011'0 of fees collected:
Councilman Heckscher inquired as to what period of time this
collection represented. The Recreation Coordinator advised that -
each class lasts approximately 8 weeks.
Warrant No. 6738, payable to Quinlan Insurance in the amount of
$14,331.00 for liability insurance: Councilman Sweeney inquired
into the status of the coverage. The Director of Administrative
Services advised that the coverage is slightly expanded over the
previous policy and that there is no deductible clause.
Warrant No. 6739, payable to SJC Historical Society, to replace
Check "16647 lost in the mail: In response to inquiry from
Councilman Sweeney, the Director of Administrative Services
advised that the voided check had been found.
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that the List of Demands dated March 17, 1976, Warrants
Nos. 6731 through 6906, inclusive, in the total amount of
$397,116.87, and the 1911 Act Account bond payment in the total
"mount of $6,391.89, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Friess, Heckscher and
Mayor Nash
NOES: None
ABSTAIN: Councilman McDowell
ABSENT: None
CITY TREASURER'S REPORT OF INVESTMENTS AS OF FEBRUARY 29, 1976
After clarification, it was moved by Councilman Heckscher,
seconded by Councilman Sweeney and unanimously carried that the
City Treasurer's Report of Investments as of February 29, 1976,
be ordered received and filed as submitted.
APPROVAL OF EXTERIOR FINISH/RELEASE OF LETTER OF CREDIT -
CAPISTRANO VALLEY BAPTIST CHURCH
Council received copies of a report dated March 17, 1976, from
the Acting Director of Planning advising that a sample of the
Stucco finish to be applied to the new Baptist Church sanctuary
building had been submitted, as required by the City Council at
their meeting of January 14, 1976, and by Condition 19 of Planning
Commission Resolution No. PC 75-5-20-1. The sample was available
at the meeting for Council inspection.
-8- 3/17/76
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to find that the application of
the proposed stucco finish, as represented by the sample submitted,
will satisfy Condition 19 of Planning Commission Resolution No.
PC 75-5-20-1; the Director of Planning; is authorized to release
the financial security upon application of the exterior finish
to the new sanctuary building.
SUBDIVISIONS AND ANNEXATIONS
1. TENTATIVE TRACT MAP 9184 (MALASPINA CORPORATION)
Council received copies of a report dated March 17, 1976, from
the Acting Director of Planning, setting forth the amendments
to Conditions of Approval No. 9 and No. 10 for Tentative Tract
9184, as proposed by the City Council at their meeting of
March 3, 1976, and forwarded to the Planning Commission. The
Planning Commission considered and approved the amendments,
which deal with equestrian easements and preservation of
right-of-way for the extension of Junipero Serra Road.
Council also received copies of a letter dated March 11, 19769
from Justus Gilfillan, representing the adjacent Mission Hills
Ranch, and addressing the question of access to Phase II of
Mission Hills Ranch through Tentative Tract 9184. His letter
included a Preliminary Assessment of ten alternative access
routes and map. Mr. Gilfillan addressed the Council to object
to approval of the Tract Map without provision for access to
Mission Hills Ranch. He stated that staff has yet to make
its recommendations to the Traffic and Transportation Commis-
sion and to the Planning Commission in this regard.
The Acting Director of Planning advised that the Planning
Commission had considered the items.
Councilman Friess advised that the Planning Commission had
found it would not be feasible to provide access to Mission
Hills Ranch through the Malaspina Tract and had determined
the tract map to be appropriate.
Councilman Heckscher requested receipt of a memorandum from
staff indicating that the matter of alternative access through
the southeastern corner of the Malaspina property has been
properly addressed and studied, including any financial or
other impact to be considered.
10�
Brad Gates, Malaspina Corporation, addressed the Council to
request approval of the tract map. He stated that Mr. Gilfillan
has had sufficient time and knowledge to comment on the access
situation.
It was moved by Councilman Friess, seconded by Councilman
Sweeney and unanimously carried to approve Tentative Tract
Map 9184, subject to the conditions of approval set forth in
Planning Commission Resolution No. PC 76-2-17-2 as amended by
the City Council on March 3, 1976.
Determination of route selection for the tract will be made
during forthcoming General Plan amendment proceedings.
2. PARCEL MAP FOR DIVISION OF LAND 75-5 (MURALT)
Council received copies of a report dated March 17, 1976, from
the Director of Public Works forwarding a letter dated March 5,
1976, from David Muralt requesting further modification of
deferral of payment of drainage fees for DL 75-5 until such
time as individual building permits are requested, and also
requesting that the requirement of reciprocal vehicular and
pedestrian easements between the lots created by the sub-
division be waived.
-9- 3/17/76
It was moved by C oilman Heckscher and seconded by Councilman
McDowell to r1or the requested modifications to the conditions
of appro-al _i DL 75-5 and to approve the Parcel Map for
DL 75-5; .aaking the following specific findings:
a. That the proposed map is consistent with the General Plan.
b. That the design or improvement of the proposed subdivision
is consistent with the General Plan.
C. That the site is physically suitable for the type of
development.
d. That the site is physically suitable for the proposed
density of development.
e. That the design of the subdivision or the proposed
improvements are not likely to cause substantial environ-
mental damage or substantially and avoidably injure fish
or wildlife or their habitat.
f. That the design of the subdivision or the type of improve-
ments are not likely to cause serious public health
problems.
g. That the design of the subdivision or the type of improve-
ments will not conflict with easements, acquired by the
public at large, for access through or use of property
within the proposed subdivision.
With the concurrence of the second, the motion was then amended
to include the following statement: "An agreement is to be
executed between the applicant and the City whereby the
applicant would be reimbursed for an aliquot share of the fees
applicable to the acreage the applicant does not develop when
and if the City receives monies for drainage fees relative
thereto." The amended motion then carried by a unanimous vote.
The City Attorney will prepare the agreement.
3. TENTATIVE PARCEL MAP FOR DIVISION OF LAND 76-5 (ANDREW)
The Acting Director of Planning advised that the applicant had
requested removal of this item from the Agenda.
CITY MANAGER
1. MOBILE HOME COMMITTEE REPORT
Council received copies of a report dated March 17, 1976, from
the City Manager advising that a committee has been formed of
the following persons to study the escaling rents in mobile
home parks:
a. Clifford B. Bantel, representing mobile park renters.
b. haven "Bud" Hanson, representing the owner of Rancho Del
Avion Park.
c. John M. Manypenny, representing mobile park renters.
d. James S. Mocalis, City Manager.
e. James S. Okazaki, City Attorney.
f. James K. Weathers, citizen at large.
g. Timothy T. Tierney, Attorney representing mobile park
owners, has been invited to sit with the Committee as a
resource person._
-10- 3/17/76
The Director of Administrative Services advised that due to
illness, Mr. Manypenny has suggested that Mr. Joseph T.
Melanson serve in his stead.
Mayor Nash directed that the Committee consider the action to
be taken by the County Board of Supervisors at their meeting
of March 26, 1976, when the possibility of a County ordinance
relating to local rent controls will be discussed. The City
Attorney's memorandum of January 29, 1976, is to be utilized in
establishing pros and cons of an ordinance. Mayor Nash then
ordered the report received and filed with the notation that
Mr. Melanson is representing Mr. Manypenny on the Committee.
Councilman Sweeney requested that the charge of the committee
be clarified.
CITY CLERK
1. CLAIM FOR PERSONAL INJURY AND PROPERTY DAMAGE (BOYD)
Council received copies of a report dated March 17, 1976, from
the City Clerk forwarding copies of a claim in the amount of
$50.00 for personal injury and property damage allegedly
sustained on February 20, 1976, and filed by John Roberts
Boyd on behalf of Patrick R. Boyd.
It was moved by Councilman Heckscher, seconded by Councilman
McDowell and unanimously carried that the Claim of Patrick
R. Boyd be denied and referred to the City's insurance carrier,
Quinlan Insurance, Inc.
2. CLAIM RE PASEO CIELO SEWER LINE (POULSON-CR0WLEY)
Council received copies of a report dated March 17, 1976, from
the City Clerk forwarding copies of a claim in the amount of
$4,133.00, plus interest from October, 1974, for "the contract
for work actually done and materials and labor actually given"
for the Paseo Cielo Sewer Line Project. The Claim is filed
by Franklin J. Dimino on behalf of Poulson -Crowley Company.
It was moved by Councilman Heckscher, seconded by Councilman
McDowell and unanimously carried that the Claim of Poulson -
Crowley Company be denied and referred to the City's insurance
carrier, Quinlan Insurance, Inc.
3. CLAIM FOR DAMAGES FROM INVERSE CONDEMNATION -
KORD INDUSTRIES CARWASH (HERRERA)
Council received copies of a report dated March 17, 1976, from
the City Clerk forwarding copies of a claim in the amount of
$147,365.00 for inverse condemnation with regard to Conditional
Use Permit 75-5. The Claim is filed by Raymond G. Alvarado
on behalf of Ralph E. Iierrera.
It was moved by Councilman Heckscher, seconded by Councilman
McDowell and unanimously carried that the Claim of Ralph E.
Herrera be denied and referred to the City's insurance carrier,
Quinlan Insurance, Inc.
DIRECTOR OF PLANNING
1. PROPOSED FIRE STATION SITES - GENERAL PLAN CONFORMANCE
Council received copies of a report dated March 17, 1976, from
the Acting Director of Planning forwarding copies of a letter
dated February 24, 1976, from the Orange County Real Property
Services Department. The County is requesting Council deter-
mination of conformance with the General Plan of two proposed
fire station sites within the City in conjunction with their
site survey. One proposed site is on Del Obispo Street between
Ortega Highway and Camino Capistrano; the other proposed site
is located at the intersection of Ortega Highway and Ganado Road.
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1.06
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to find that the proposed
Del Obispo Street and the proposed Ortega Highway/Ganado Road
fire station sites are both in conformance with the City's
General Plan. The County is to be notified of the City's
previously stated preference for the Del Obispo Street site.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. STREET LIGHT STUDY STATUS REPORT
(J & R CONSULTANTS)
Council received copies of a report dated March 17, 1976, from
the Director of Public Works regarding the feasibility study
of City ownership of street light facilities being conducted
by J & R Consultants. A further report should be available
for the second Council meeting in April. Councilman Heckscher
stated that if the Study were to exceed $3850, the increased
cost would require City Council approval.
It was moved by Councilman Heckscher, seconded by Mayor Nash
and unanimously carried to receive and file the memorandum.
2. UNDERGROUNDING OF OVERHEAD UTILITIES -
STANDARD POLICY
Council received copies of a report dated March 17, 1976, from
the Director of Public Works forwarding a modified policy for
utility undergrounding, as requested by Council on March 3, 1976.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the "Standard
Existing Utility Undergrounding Policy" as submitted and to
direct staff to process subdivision and development plans
accordingly.
CITY TREASURER
1. RESIGNATION OF CHARLES V. NEAL
On behalf of the City Council, Mayor Nash accepted the resigna-
tion of City Treasurer Charles V. Neal, effective April 1,
1976. A Resolution of appreciation will be prepared for the
Council meeting of April 7, 1976.
ARCHITECTURAL BOARD OF REVIEW
1. RESIGNATION OF JACK A. BECKER
On behalf of the City Council, Mayor Nash accepted the resigna-
tion of Architectural Board of Review member Jack A. Becker,
effective March 30, 1976. A Resolution of appreciation will
be prepared for the Council meeting of April 7, 1976.
COUNCIL REMARKS
1. LEGISLATION - ASSEMBLY BILL 3544, COASTAL CONSERVANCY
Councilman Heckscher advised that Assemblyman Michael Wornum
of Marin County is sponsoring a Bill which would create a
State coastal conservancy in order to maintain agricultural
use in the coastal regions, and offered the following
Resolution in support of the Bill:
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RESOLUTION NO. 76-3-17-9: ASSEMBLY BILL 03544 - COASTAL .0 O
CONSERVANCY - A RESOLUTION OF THE CITY COUNCIL OF THE CCITY OF
SAN JUAN CAPISTRANO, CALIFORNIA. IN SUPPORT OF A COASTAL
CONSERVANCY FOR THE PRESERVATION OF AGRICULTURE
It was moved by Councilman Heckscher, seconded by Councilman
Friess and unanimously carried that Resolution No. 76-3-17-4
be adopted.
2. REPORT OF THE SPATE OF THE COUNTY
Councilman Sweeney noted that in the Report of the State of
the County, the information on the City of San Juan Capistrano
is combined with that on Mission Viejo. He suggested that the
County be requested to separate the two areas in future
reports.
3. PUBLIC RELATIONS - RESPONSE TO CITIZENS
Councilman Friess suggested that specific time frames be
established by staff for completion of items requested by the
public.
4. UTILITY UNDERGROUNDING POLICY
Councilman McDowell commented that he is gratified by the
establishment of the policy for undergrounding of overhead
utilities. He suggested that additional written statements
of Council policy should be formulated in order to assist
staff.
5. CITY PRIORITIES LIST
Councilman Sweeney suggested that Council should select some
of the items on the City Priorities List and focus on them for
use during discussions of the fiscal budget and the 5 -year
budget in order to provide direction to staff.
6. PROPOSED LAND PURCHASE BY CITY
Councilman Sweeney suggested that the Council should consider
formulating a bond issue to purchase the approximate 1400
acres of Glendale Federal property, including the golf course,
located along San Juan Creek Road.
7. AGRICULTURAL PRESERVATION
Mayor Nash directed that the matter of agricultural and open
space preservation be placed on the Council Agenda of April 21,
1976, for discussion and assessment. Councilman Sweeney
suggested use of the General Plan action program, including
regulations and incentive programs, for such discussion.
RECESS AND RECONVENE
Council recessed to Executive Session at 10:25 P.M. for discussion
of personnel matters and reconvened at 11:02 P.M.
APPOINTMENT OF INTERIM CITY TREASURER
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that City Clerk Mary Ann Hanover
be appointed as Interim City Treasurer effective April 1,1976,
with authority to sign as City Treasurer on behalf of the City,
pending appointment of a permanent City Treasurer.
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1 ® .AUDIT OF CI
FINANCIAL- .tDS
It was moved by ^ v''.,lman Sweeney, seconded by Councilman
Heckscher a,•u-:-.,,1mously carried that an audit of the City's
financ9..,', rr- urd� be performed and overtime pay authorized to
bi';.119 he records up to date.
CULTURAL HERITAGE COZIISSION - STAFFING
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to authorize the establishment
Of a part-time position to serve as staff for the Cultural Heritage
Commission. The expenditure of $4.61 per hour for less than 29
hours per week is authorized for this position.
OF CALIFORNIA
MENT OF DELEG
NGE COUNTY
It was moved by Councilman fieckscher, seconded by Councilman
Sweeney and unanimously carried that Councilman McDowell be
appointed as the City's delegate to the Orange County Division of
the League of California Cities.
It was moved by Councilman Heckscher, seconded by Mayor Nash and
unanimously carried that Councilman Friess be appointed as the
City's alternate t_o__ the Orange County Division of the League of
California Cities.
It was the consensus of the Council that League voting items be
presented to Council for their opinion prior to the League
meetings.
Councilman McDowell requested Council discussion of the request
for input regarding staffing and funding of the Orange County
Division of the League and advised that the matter will be
determined at their April 8th meeting. It ;vas the consensus of
the Council that the City continue to support Alternate No. 2
of an approximate cost to the City of $270 per year.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:15 P.M. to the next regular meeting date of
Wednesday, April 7, 1976, at 7:00 P.M. in the City Council
Chamber.
APPROVED:
DOUGLAS BORASH, MAYOR
Respectfully submitted,
MARY ANYHANOVER, CITY CLERK
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3/17/76