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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. -1- 3/17/76 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. -2- 3/17/76 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 -3- 3/17/76 �.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 -4- 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. -7- 3/17/76 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. -11- 3/17/76 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: -12- 3/17/76 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. -13- 3/17/76 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 -14- 3/17/76