76-0407_CC_Minutes_Regular MeetingAPRIL 7, 1996
REGULAR MEETING OF THE CITY COUNCIL-OY 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
Dr. Milford Baker, Capistrano Valley Baptist 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: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services; William D. Murphy, Director
of Public Works/City Engineer; Thomas G. Merrell, Director of
Planning; Larry Lawrence, Associate Planner; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MINUTES:
March 9, 1976:
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that the Minutes of the Adjourned
Regular Meeting of March 9, 1976, be approved as submitted.
March 17, 1976:
It was moved by Councilman Sweeney, seconded by Mayor Nash and
unanimously carried that the Minutes of the Regular Meeting of
March 17, 1976, be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that all Ordinances be read by
title only.
ANNOUNCEMENTS
Mayor Nash welcomed the members of the Capistrano Valley 8th Grade
Cadet Girl Scout Troup 838 to the Council meeting.
Mayor Nash announced that the following items had been removed
from the Agenda: (1) Appeal of Planning Commission Denial oP�
Conditional Use Permit 75-3 (Dellota); and (2) Resolution
detaching Camino del Avion Annexation from Special Districts.
BIDS, CONTRACTS, AGREEMENTS
1. CALLE ASPERO STREET IMPROVEMENT -
APPROVAL OF PLANS AND SPECIFICATIONS
(83) Council received copies of a report dated April 17, 1976,
from the Director of Public Works forwarding background
information on the proposed improvement of Calle Aspero.
The plans and specifications include construction of pave-
ment, curb and gutter, drainage control, and traffic
regulatory signs. The plans do not include the construction
of sidewalk, installation of street trees, or undergrounding
of utilities.
The Director of Public Works requested that Council evaluate
the scope of improvements to be made so that funding agree-
ments may be developed with homeowners groups. There are no
City funds currently budgeted for the construction of this.
project.
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3_10 It was moved by Councilman Heckscher, seconded by Councilman
Fries and unanimously carried to approve the plans and
specifications for the improvement of Calle Aspero as sub-
mitted.
It was moved by Councilman Heckscher, seconded by Mayor Nash
and unanimously carried to authorize staff to work with the
homeowners who would be benefitted by the Calle Aspero
improvements and to develop cooperative agreements for the
project funding.
Staff is to supply an analysis of who are the benefitted
parties and a proposal of what would be an acceptable
cooperative agreement for funding, including total costs and
percentages. Staff is not to be precluded from developing
an agreement that would require the benefitted parties from
paying the total costs of improvements. ^
2. SANITARY SEWER RECONSTRUCTION
RAILROAD RIGHT-OF-WAY
(80) At the request of the Director of Public Works, considera-
tion of this matter was held over until the Council meeting
of April 21, 1976.
PRESENTATION - 1976 SUMMER RECREATION PROGRAM
(62) Tom Baker, Recreation Coordinator, introduced Mrs. Jill Clark,
member of the Parks and Recreation Commission, who made an oral
presentation regarding the self-sustaining recreation program
to be offered by the City during the summer months. Mrs. Clark
also provided information on a proposed expanded summer program
utilizing school facilities and park sites and requested Council
and Commission support of staff proposals.
Councilman Sweeney suggested that further contact be made with the
School District with regard to their offer of $4800 in tax revenues
to be used for community improvement, including recreation, since
the School District is no longer sponsoring a summer playground
progra.m. Councilman Sweeney noted a letter dated February 19, 1976,
addressed to him from the Superintendent of the School District.
The letter stated that $360,842 was realized through the Community
Service permissive tax which included Campus Supervision $93,230;
Facility Use $185,396; Administration $13,000; Recreation $47,686;
Sites and Improvements $21,530, for a total of $360,842. Mr. Baker
advised that the Parks and Recreation Commission is planning to
meet with School District officials in the near future.
PUBLIC HEARINGS
1. RECREATION PROGRAM POSITIONS -
AMENDMENT TO THE SALARY AND CLASSIFICATION PLAN
(62) Council received copies of a report dated April 7, 1976,
from the Recreation Coordinator providing background informa-
tion on the proposed summer recreation program at school and
park sites, proposed budget, and school district financial
participation. Forwarded also were copies of a proposed
Resolution amending the City's salary and classification
plan to provide for the positions of Senior Recreation
Leader, Recreation Leader II, and Recreation Leader I.
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the proposed amendment
to the Salary and Classification Plan and inquired if anyone
in the audience wished to address the Council. There being
no response, Mayor Nash declared the Public Hearing closed.
(66) RESOLUTION NO. 76-4-7-1: RECREATION PROGRAM - JOB DESCRIPTIONS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 72-1-19-1,
THE CITY'S CLASSIFICATION AND SALARY PLAN, PROVIDING FOR
THE POSITIONS OF SENIOR RECREATION LEADER, RECREATION
LEADER II, AND RECREATION LEADER I
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It was moved by Councilman Sweeney, seconded by ounc man
McDowell and unanimously carried that Resolution No. 76-4-7-1
be adopted. Exhibit "A" of the Resolution, the Job Descrip-
tion for Senior Recreation Leader, is to be corrected so
that the paragraph entitled "Training and Experience" reads,
"Graduation from College or its equivalent, supplemented by
additional . . ."
(62) Joint Powers Agreement with School District:
It was moved by Councilman Hecksclier, seconded by Councilman
Sweeney and unanimously carried to direct staff to initiate
a joint powers agreement with the Capistrano Unified School
District to secure the $4800 to implement the proposed play-
ground program, and, to determine the extent to which this
$4800 can be increased after analysis of the contributions
to the District by the people who have been benefitted by
these programs.
Summer Playground Budget:
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the Sumner
Recreation Program Budget for the period June 28 - August 27,
19769 at a total cost to the City of $3,621.00. Councilman
Friess expressed his concern with the numbers of positions
in the category of Recreation Leader II; and, it was moved
by Councilman Friess, seconded by Councilman Heckscher and
unanimously carried that the Summer Recreation Budget be
amended to specify two (2) Recreation Leader II positions
and five (5) Recreation Leader I positions.
Position of Senior Recreation Leader/Budget/Implementation
of Program:
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to approve the year-round,
part-time position of Senior Recreation Leader; to approve
the budget expenditure during the remainder of fiscal year
1975-76 for the position of Senior Recreation Leader; and,
to direct staff to implement the proposed playground program.
2. 1975 WEED ABATEMENT - AMENDED COST REPORT
(74) Council received copies of a report dated April 7, 1976,
from the Director of Public Works regarding corrected weed
abatement charges for Assessor's Parcel No. 666-011-16,
owned by United Duralume Products, Inc. The corrected
chargeis in the amount of $100.
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the proposed amendments,
to the 1975 weed abatement cost report and inquired if anyone
in the audience wished to address the Council. There being
no response, Mayor Nash delcared the Public Hearing closed.
RESOLUTION NO. 76-4-7-2: AMENDED WEED ABATEMENT COST REPORT
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
Heckscher and unanimously
be adopted.
3. APPROV
ri
Sweeney, seconded by Councilman
carried that Resolution No. 76-4-7-2
9299
(95) Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the requested zone
change from EL (Large Estate), OS (Open Space) to EL, ES
(Small Estate), OS and inquired if anyone in the audience
wished to address the Council. There being no response,
Mayor Nash declared the Public Hearing closed.
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4/7/76
112
, The proposed rezone is :for an 8.75+ acre parcel of land
located on the southwest corner of Aguacate Road and Del
Obispo Street. The application has been submitted to the
Planning Commission in conjunction with Tentative Tract Map
9299, a subdivision of the property into 12 residential lots
and one open space lot. The proposed adoption of a precise
boundary for the Open Space preservation area of the parcel
will help to ensure retention of the Aguacate ravine as a
natural open area in private.ownership.
The Director of Planning advised that the Open Space zone
does not conform with the lot lines in the proposed sub-
division, and the lots would be required to conform to the
more restrictive of the zoning designations.
INTRODUCTION OF ORDINANCE NO. 303: REZONE 76-3 (KCS SYSTEMS.
INC.) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED BY ORDINANCE
NO. 293 BY CHANGING THE ZONING OF 8.75+ ACRES FROM EL (LARGE
ESTATE): OS (OPEN SPACE PRESERVATION) TO EL (LARGE ESTATE):
ES (SMALL ESTATE): OS (OPEN SPACE PRESERVATION) 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 Reckscher and seconded by Council-
man Sweeney that Ordinance No. 303 be introduced. The motion
carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher
and Mayor Nash
NOES: None
ABSENT: None
4. STORER CABLE TELEVISION -
REOUEST FOR RATE INCREASE
(43) Council received copies of a report dated April 7, 1976,
from the Director of Administrative Services forwarding back-
ground information on the request for a rate increase from
$6.00•per month to $6.75 per month submitted by Storer Cable
TV, Inc. Forwarded with the report were copies of an
Analysis of the request dated March, 1976, prepared by
Joseph E. Van Loan of Cable Dynamics, Inc., consultant.
Mr. Rick Mardock, Manager, Storer Cable TV, stated that he
would not object to the suggestion set forth in the staff
report that the increase be granted but that all proceeds
of the increase be deposited in a trust account pending
completion of the reconstruction of the cable system. He
stated that he would object to any further delays in the
granting of an increase.
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the request of Storer
Cable TV, Inc. for an increase in rates from $6.00 per month
to $6.75 per month and inquired if anyone in the audience
wished to address the Council. The following persons
addressed the Council:
1. Charles L. Harris, 31931 Paseo Terrazo, suggested
that new residents receive information on City
activities.
2. Steven Wilson, 26547 Calle San Luis, President,
Capistrano Villas Homeowners Association No. 2,
stated that their proposal for one billing for the
entire Association was rejected by Storer TV.
Mr. Mardock stated that a 10% reduction in rates
is granted to associations of 100 more or less
homes for standard billing on a monthly basis;
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if the rate is paid in advance, an additional
8-1/3% reduction is granted; the -amount is fixed
on an annual basis for the bulk of the connections
and a quarterly bill is issued for any additional
connections.
3. Clare Farrell, 30754 Calle Chueca, spoke in
opposition to any increase in rates and described
the lack of concealed cable at her residence.
Mr. Mardock stated that they do everything possible
to conceal the cable.in the Casitas; that the
agreement with the Casitas expires in July, but
they will offer a 10% rate reduction in bulk
payments.
11S
There being no one else wishing to address the Council, Mayor
Nash declared the Public Hearing closed.
Mayor Nash advised that he had expected the consultant's
report to be an analysis of the basic structure of the Cable
television franchises and the City's method of granting
those franchises. The Director of Administrative Services
advised that the consultant's report is being done in incre-
ments and that the proposed ordinance has been submitted to
the two cable television companies for comment.
Councilman Sweeney stated that citizens concerned with the
rate proposals have not had an opportunity to study the
consultant's report and that those persons who appeared at
previous meetings during rate increase discussions should
be contacted. He read from the Council direction of
December 17, 1975, which was that no increase be granted
pending the results of the re -writing of the City's cable
television ordinances and franchises by the consultant.
With the concurrence of Mr. Mardock, Mayor Nash then
directed that the Public Hearing be continued to the next
regular Council meeting of Wednesday, April 21, 1976, at
7:00 P.M. in the City Council Chamber. The Mayor also
directed that homeowners associations and interested persons
be notified and advised of the continuance and of the
consultant's report; and, Mr. Mardock's statements regard-
ing rate discount structure are to be summarized.
5. CONDITIONAL USE PERMIT 75-3 -
(39) In response to a request dated April 5, 1976, from John R.
Parker, representing Lawrence Dellota, Mayor Nash directed
that the Public Hearing on the appeal of the Dellota Swim
School CUP 75-3 be continued to the Council meeting of
Wednesday, May 19, 1976, at 7:00 P.M. in the City Council
Chamber.
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 302: REZONE 76-4 (ANDREW) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
(95) AMENDING OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293
BY CHANGING THE ZONING OF 3.0+ ACRES FROM EL (LARGE ESTATE)
TO ES (SMALL ESTATE) 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 Council-
man McDowell that Ordinance No. 302 be adopted. The motion
carried by the following vote:
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114 AYES:"+ .,Cilmen Sweeney, McDowell, Friess, Heckscher
end Mayor Nash
NOIi S: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:53 P.M. and reconvened at 9:12 P.M.
RESOLUTIONS OF COMMENDATION
Mayor Nash read the following Resolutions of commendation in
full:
1. RESOLUTION NO. 76-4-7-3: COMMENDING J
ROART) nR RRVTRTB MRIlIRR.R - A RRC!)T.TTTTnM
STRAND, CALIFORNIA
(36) It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that Resolution No.
76-4-7-3 be adopted. The Resolution commends Mr. Becker for
his service to the community as a member of the Architectural
Board of Review from September 4, 1974, to March 31, 1976.
2. RESOLUTION NO. 76-4-7-4: COMMENDING CHARLES V. NEAL CITY
TREASURER - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA
(36) It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 76-4-7-4
be adopted. The Resqlution commends Mr. Neal for his service
to the City as City Treasurer from April 1, 1973, to
March 31, 1976.
3. RESOLUTION NO. 76-4-7-5: COMMENDING PAMELA HALLAN CULTURAL
HERITAGE COMMISSIONER - A RESOLUTION OF THE CITY COUNCIL F
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
(36) It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that Resolution No. 76-4-7-5
be adopted. The Resolution commends Mrs. Hallan for her
service to the community in contributing to historical and
cultural preservation and for her membership on the Cultural
Heritage Commission from February 5, 1975, to March 24, 1976.
4. RESOLUTION NO. 76-4-7-6: COMMENDING JOHN MANYPENNY -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA
(36) It was moved by Councilman Sweeney, seconded by Mayor Nash
and unanimously carried that Resolution No. 76-4-7-6 be
adopted. The Resolution commends Mr. Manypenny for his
service as a representative of the community on many and
various organizations. Mr.. Manypenny has submitted his
resignation from all appointments effective March, 1976.
CITY BANK ACCOUNTS - RESOLUTION AUTHORIZING SIGNATURES
(41) Council received copies of a report dated April 7, 1976, from
the Director of Administrative Services forwarding copies of a
Resolution confirming the Council action of March 17, 1976,
accepting the resignation of the City Treasurer and appointing
an Interim City Treasurer.
RESOLUTION NO. 76-4-7-7: CITY BANK ACCOUNTS - AUTHORIZED
SIGNATURES - A RESOLUTION OF TILE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING DEPOSIT ACCOUNTS
WITH THE SAN JUAN CAPISTRANO BRANCHES OF BANK OF AMERICA,
CALIFORNIA FIRST BANK, AND SECURITY PACIFIC NATIONAL BANK, AND
AUTHORIZING SIGNATURES THEREFOR
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It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried that Resolution No. 76-4-7-7
be adopted.
The Resolution authorizes the Mayor, Mayor pro tem, and Interim
City Treasurer to draw checks on the accounts established by the
Resolution.
PROPOSED DETACHMENT OF ANNEXATION FROM SPECIAL DISTRICTS
(21) The proposed Resolution of Detachment of the Camino del Avion
Annexation from Special Districts was withdrawn from the Agenda.
The Local Agency Formation Commission has advised that the
detachment was effective in 1965. The applicable area includes
the developments known as Troy Homes and Harbor Lane Homes.
ORAL COMMUNICATIONS
1. TRAFFIC SITUATION - ALTO CAPISTRANO PROPOSED ROUTE "
(87) Mrs. Deirdra Tyler, 26982 Via Banderas, addressed the Council
and presented a petition signed by residents of the Alto
Capistrano area in opposition to construction of Route "E",
an extension of Camino Las Ra.mblas. She stated that the
route would not alleviate the traffic problem on Via de Agua
and would not benefit the residents of the area.
2. TRAFFIC - MISSION HILLS RANCH ACCESS STUDY
(87) Dr. Michael Berns and Mr. Justus Gilfillan advised that they
would like to address the Mission Hills Ranch Phase II
access study when it appears later on the Agenda.
3. MISSION BELL RANCH
(85) Mrs. James Allen, 33292 Via Mayor, thanked the Council and
staff for their response to the items of concern she had
cited at the March 17, 1976, Council meeting. She also
noted further concerns with the need for Blue Fin Drive to
be changed to a 2 -lane road and the County proposal that
Alipaz Street become a 4 -lane road. Mayor Nash suggested
that Mrs. Allen submit her comments in written form.
4. COUNTY TERRITORY - PROPOSED EXTENSION OF STONEHILL DRIVE
(44) Mr. James Vanderhoof, 25692 Via del Rey, addressed the Council
representing Concerned Citizens for a Scenic Capistrano Valley
and noted his concerns with the extension of Stonehill Drive
as proposed by the County of Orange.
5. TRAFFIC - MISSION HILLS RANCH ACCESS STUDY
Mr. Bruce Church, 26851 Canyon Crest Road, advised that he
(87) would like to address the Mission Hills Ranch Phase II
access study when it appears later on the Agenda. He also
noted an article in the Register newspaper regarding growth
in the City.
6. TRAFFIC - ALTO CAPISTRANO PROPOSED ROUTE "E"
(87) nor. Gary Ha.usdorfer, President, Alto Capistrano Homeowners
Association, addressed the Council regarding the construc-
tion of Route "E" in the Alto Capistrano area as a means of
alleviating the traffic situation.
7. EARTH STORAGE - CAMINO LAS RAMBLAS/INTERSTATE 5
(74) Air. Charles Buehl, 33905 Calle Acordarse, addressed the
Council in favor of the removal of the earth storage at
Camino Las Ramblas and Interstate 5, due to loss of view
should construction occur on the site. The item appears
later on the Agenda.
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f)8. ELECTIONS - LEAGUE_Ol',,.: mEN VOTERS
(40) Mrs. Jessica ;��:, League of Women Voters of the Capistrano
Bay Area, r 1417�:essed the Council and presented a letter dated
April 4, ,.976, regarding campaign spending during the recent
pity Council election. .
CONSENT CALENDAR
1. REPORT OF PLANNING COMMISSION MEETING OF MARCH 16 1976
(67) The Report of actions taken by the Planning Commission at
its regular meeting of March 16, 1976, was received for
information.
2. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF MARCH 16 1976
(23) The Report of actions taken by the Cultural Heritage Commis-
sion at its regular meeting of March 16, 1976, was received
for information.
3. REQUEST FOR SOLICITATION PERMIT -
CHILDREN'S HOSPITAL OF ORANGE COUNTY
(26) The request of CHOC Thrift Stores of Children's Hospital of
Orange County for permission to solicit door-to-door within
the City on Saturday, April 10, and on Saturday, May 1, 1976,
is approved as submitted.
4. ORANGE COUNTY SENIOR CITIZENS COUNCIL -
RESIGNATION OF CITY REPRESENTATIVE
(61) The resignation received from John Manypenny, dated March 23,
1976, as City representative to the Orange County Senior
Citizens Council, is accepted.
5. PROCLAMATION - FOSTER PARENT RECOGNITION WEEK MAY 9-15 1976
(71) The period May 9 through May 15, 1976, is proclaimed Foster
Parent Recognition Week, as requested by the Orange County
Department of Social Services.
6. REOUEST FOR USE OF COUNCIL CHAMBER - CAPISTRANO VILLAS
(76) The request of the Capistrano Villas Homeowners Association
No. 1 to use the Council Chamber on Friday, April 23, 1976,
from 7:30 P.M. to 9:30 P.M. for their budget meeting is
approved. A member of the Public Works staff is authorized
to open and close the building on that date.
7. MODIFICATION TO CITY COUNCIL MINUTES JANUARY 21 1976
(85) The deletion of the words "to Aguacate Road" from Condition
3 for Tentative Parcel Map DOL 75-7, as set forth in Page 4
of the City Council Minutes of January 21, 1976, is approved
for the purposes of clarification.
8. RELEASE OF BONDS, VILLAGE SAN JUAN TRACTS 77
ono inr.r rarr+n nn....rrcrr mrr.n r�rn �
(85) The public improvements are accepted and the following actions
approved for Tracts in Village San Juan (Zellner Communities,
Inc.).
Tract 7760 - Exonerate the Labor and Material Bond,
the Faithful Performance Bond, and the
Monumentation Bond.
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Tract 8127 - Extend the Lalor and Material Bond to
September 11, 1976; exonerate the
Faithful Performance tra*4 and the
Monumentation Bond.
Tract 8128 - Exonerate the Labor and -Material Bond,
the Faithful Performance Bond, and the
Monumentation Bond.
9. RELEASE OF 3 -PARTY AGREEMENT, TRACTS 7160 7195 AND 7273
MISSION VILLAGE AND LAS BRISAS (WESTPORT H0ME BUILDERS
(85) RESOLUTION NO. 76-4-7-8: RELEASE OF DEPOSIT - WESTPORT
HOME BUILDERS, INC. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RELEASING
FIRST AMERICAN TITLE INSURANCE COMPANY FROM ANY FURTHER
LIABILITY IN CONNECTION WITH THE DEPOSIT OF MONEY MADE
PURSUANT TO SECTION 11613 OF THE BUSINESS AND PROFESSIONS
CODE (TRACT NOS. 7160, 7195, AND 7273)
The Resolution is adopted and the public improvements
accepted.
APPROVAL OF WARRANTS
117
(41) After clarification of Warrants Nos. 6928, 6939, 6946, and 6970,
it was moved by Councilman Sweeney and seconded by Councilman
Friess that the List of Demands dated April 7, 1976, Warrants
Nos. 6907 through 7009, inclusive, in the total amount of
$51,305.69, 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
4D SUBDIVISION AGREEMENT, TRACT 8994
(85) Council received copies of a report dated April 7, 1976, from
the Director of Public Works advising that the final map for
Tract 8994 has been reviewed and found to be in conformance
with the Subdivision Map Act, that all fees have been paid,
and all conditions of approval satisfied.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the Final Map for
Tract 8994, determining that said map is consistent with the
General Plan and in substantial compliance with the approved
Tentative Map for Tract 8994; and, to approve the Subdivision
Agreement and authorize the Mayor and City Clerk to execute
the Agreement on behalf of the City.
TENTATIVE PARCEL MAPS DL 76-1, DL 76-2, DL 76-3, AND DL 76-6
FOR AREA KNOWN AS McCRACKEN HILL
(85) Councilman Sweeney left the Council Chamber prior to discussion
of this item.
Council received copies of a report dated April 7, 1976, from
the Director of Planning forwarding the conditions of approval
for each of the divisions of land as set forth in Planning
Commission Resolutions for each parcel. The conditional
approval would require the property owners to install an
approved public street and sanitary sewer system or to form
assessment districts to accomplish the construction of the
public improvements. The Director of Planning made an oral
report on the access and sewerage conditions.
-9- 4/7/76
Councilman Friess.stated .l;i '" there was insufficient information
about the area and t':,at Environmental Impact Report should be
required due to .,ol' ,lcal problems and proposed density.' -- The
Associate PIrlip-_ advised that the land divisions were submitted
separately-TiuU were considered individually by the Environmental
,,ard. The total area known as McCracken Hill consists
of approximately 1S parcels on 35 acres of land; of those 18
parcels, 6 are developed and 12 are capable of being developed.
(DL 76-1, Sweeney)
It was moved by Councilman Friess and seconded by Mayor Nash
that DL 76-1 be denied based upon lack of knowledge regarding
sewerage and circulation. The motion was later clarified
to read that the denial be due to the fact that, based on
the Subdivision Map Act, there is insufficient information
on the project area for an affirmative vote and that the
project site is not physically suitable for the density.
It was moved by Councilman McDowell and seconded by Council-
man Heckscher to approve DL 76-1 with the inclusion of the
conditions set forth in the Planning Commission Resolution
of approval. Councilman Heckscher then withdrew the second,
and the motion died.
The motion of denial then carried by the following vote:
AYES: Councilmen Friess, Heckscher,and Mayor Nash
NOES: Councilman McDowell
ABSENT: Councilman Sweeney
DL 76-2 Sweeney/McCabe)
It was moved by Councilman Friess and seconded by Mayor
Nash that DL 76-2 be denied due to the fact that, based on
the Subdivision Map Act, there is insufficient information
on the project area for an affirmative vote and that the
project site is not physically suitable for the density.
The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher and Mayor Nash
NOES: Councilman McDowell
ABSENT: Councilman Sweeney
DL 76-3, Coastal Developers)
It was moved by Councilman Friess and seconded by Council-
man Heckscher that DL 76-3 be denied due to the fact that,
based on the Subdivision Map Act, there is insufficient
information on the project area for an affirmative vote
and that the project site is not physically suitable for
the density. The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher and Mayor Nash
NOES: Councilman McDowell
ABSENT: Councilman Sweeney
DL 76-6, King)
It was moved by Councilman Friess and seconded by Mayor
Nash that DL 76-6 be denied due to the fact that, based on
the Subdivision Map Act, there is insufficient information
on the project area for an affirmative vote and that the
project site is not physically suitable for the density.
The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher and Mayor Nash
NOES: Councilman McDowell
ABSENT: Councilman Sweeney
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Mayor Na.sh stated that there was no -objection to the applicants Y 1
re -applying for approval. The City Attorney had advised that if
no action were taken, the land divisions would be approved as
submitted by the applicants. The City Manager stated that the
applicants should satisfy the Environmental Review Board that
there is no negative impact on the area due to the recommendations
of the Planning Commission with a specific Environmental Impact
Report addressed to circulation and sewerage.
The following property owners and/or representatives of property
owners then addressed the Council:
1. John McCabe, San Diego, who stated that he had not
received notification of the meeting. He stated that
geological tests of the project area had been made in
the past and should be referred to.
Mayor Nash directed that Mr. McCabe be notified of
meetings when this item is scheduled.
Councilman Sweeney returned to the dais at this point.
2. Steve McMillan of Coastal Developers, representing the
owners of the property within DL 76-1, 76-2, and 76-3,
stated that the proposed structure of the sewer system is
important and that the original Planning Commission
recommendation was that geological data and soils reports
be provided.
3. Chuck King, DL 76-6, asked what procedures were required
in order to proceed.
Councilman Sweeney then left the dais.
The City Attorney advised that the Subdivision Map Act
requires that the City Council take an action within 30
days after the Planning Commission action, unless.the
applicants agree that they will notoppose that time limit.
Councilman Heckscher asked if all of the applicants were
present and if they were willing to delay the matter and
waive the time limit. Mr. McMillan and Mr. King both
stated they were willing to agree to an extension of time.
It was moved by Councilman Heckscher and seconded by Council-
man McDowell to reconsider the action taken by the City
Council in denying the applications for Divisions of Land
76-1, 76-2, 76-3, and 76-6. The motion carried by the
following vote:
AYES: Councilmen McDowell, Friess, Heckshcer and
Mayor Nash
NOES: None
ABSENT: Councilman Sweeney
It was moved by Councilman Heckscher and seconded by Council-
man McDowell that, with the concurrence of the applicants,
Council consideration of the tentative parcel maps for
DL 76-11 76-2, 76-3, and 76-6 be tabled. The motion carried
by the following vote:
AYES: Councilmen McDowell, Friess, Heckscher and
Mayor Nash
NOES: None
ABSENT: Councilman Sweeney
The applicants are to submit a specific Environmental Impact
Report addressed to circulation and sewerage.
Councilman Sweeney then returned to the dais.
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2/ OTRAFFIC AND TRA';:-" '..i'ATION COMMISSION
1. ACCESS :,iUDY - MISSION HILLS RANCH PHASE II
Council received copies of a report dated April 7, 1976,
from the Director of Public Works requesting Council clarifi-
cation on the use of the existing Mission Hills Drive as an
access route to the Mission Hills Ranch Phase II, as
specified in General Plan Amendment 75-1 and discussed on
December 17, 1975.
Mayor Nash requested that Council address only a clarification
of its December 17, 1975, action, not the question of whether
or not Mission Hills Drive should or should not connect to
other arterial systems, and Council discussion ensued.
Councilman Sweeney suggested that the Traffic and Transporta-
tion Commission establish a policy statement for access to
developments.and subdivisions to serve as a guideline to
staff. Mayor Nash so directed.
It was moved by Councilman McDowell to defer consideration
of access to Mission Hills Ranch Phase II until such time
as the Traffic and Transportation Commission has submitted
their recommendation. The motion died for lack of a second.
It was moved by Councilman Sweeney and seconded by Council-
man McDowell to refer the question.of Mission Hills Ranch
access to the staff and to the Traffic and Transportation
Commission for review and recommendation regarding a sub-
division access policy which establishes criteria as to the
number of dwelling units which can be served by a singular
access, with related road standards.
The following persons address the Council:
1. Dr. Michael Berns, 26921 Canyon Crest Road;
2. Mr. Bruce Church, 26851 Canyon Crest Road;
3. Mr. Justus Gilfillan, representing Mission Hills Ranch.
With the concurrence of the second, the above motion was
then amended to delete the reference to Mission Hills Drive,
and the motion carried by a unanimous vote.
It was moved by Mayor Nash and seconded by Councilman Sweeney
to affirm the fact that the action taken by the City Council
on December 17, 1975, was to uphold the action of the
Planning Commission; that that action had the intent of
limiting access to Mission Hills Drive; and, that is in fact
the ground rule that is still in effect, but that can or may
be modified by future action, as any ground rule can. Mayor
Nash defined "limiting access to Mission Hills Drive" as
"should not connect to the existing Mission Hills Drive."
Direction is given to the Traffic and Transportation Commis-
sion that, in considering General Plan Amendment No. 76-1,
they do have some freedom of action in providing alternatives
to the traffic problem; the Council is receptive to sugges-
tions which may vary from limited access down to zero access.
The motion then carried by a unanimous vote.
Councilman Heckscher suggested that the Commission is to
provide a specific solution to the problem after considering
the configuration of the tract, both Phase I and Phase II.
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ADJOURNMENT '" 121
Pursuant to City Council Resolution No. 75-3-5-6, the meeting was
adjourned at 11:32 P.M. to the nest meeting date of Wednesday,
April 14, 1976, at 7:00 P.M. in the City Council Chamber for the
purpose of continuing consideration of the April 7, 1976, Agenda.
APPROVED:
DOUGLAS B4PNASH, MAYOR
Respectfully submitted,
MARY ANN,,,#ANUVEH2 CITY CLERK
-13- 4/7/76
122
APRIL 14, 1976
ADJOURNED REGULAR MEETING f :IE CITY COUNCIL
OF TIIE CITY OF SAN JT? LI ":yISTRANO, CALIFORNIA
The Adjourned Regular flee*`_:.b of the City Council was called to
order by Mayor N:!';ia 1:03 P.M. in the City Council Chamber for
the purpose ua r-.w:,,pleting consideration of the City Council
Agenda nf.::yril 7, 1976.
ROLL CALL: PRESENT: Douglas B. Nash, Mayor
Councilman Kenneth E. Friess
Councilman Richard D. McDowell
Councilman John B. Sweeney
ABSENT: Yvon O. Heckscher, Mayor pro tem, who
joined the meeting at 7:25 P.M.
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; Thomas G. Merrell,
Director of Planning; James S. Okazaki, City Attorney; Mary Ann
Hanover, City Clerk.
ADMINISTRATIVE ITEMS
ROOF SIGN - EL ADOBE RESTAURANT
(25) Council had received copies of a memorandum dated April 7,
1976, from the Director of Planning advising that the
representatives of the E1 Adobe Restaurant have submitted
a proposal to replace the existing roof sign. The new
proposal is for the installation of a sandblasted redwood
sign with gold leaf lettering and external lighting; the
proposed sign area is 55 square feet.
The City Attorney advised that the parties had agreed that
the City's reconsideration of E1 Adobe's proposal will in
no way constitute an admission of error and that his office
intends to proceed with the legal action pending. The City
Manager advised that the existing sign is 8' x 12' and the
proposed sign would measure 5-1/2' x 10'. The Director of
Planning advised that, other than size and being roof -
mounted, the sign would meet all criteria of the Mission
District regulations.
Councilman Sweeney stated that he is in a conciliatory mood;
that he supports the sign ordinance within reason; that he
is willing to compromise on the exact size of the sign; and,
that he would like the proposal to be submitted to the
Environmental Review Board.
Councilman Friess stated that he felt the Cornwells have
been reasonable in approaching a compromise, but he would
prefer that the matter had been resubmitted to the Planning
Commission and the ERB. -
Mayor Nash stated that a considerable amount of compromise
has been granted; that the applicant had submitted a 27
square foot sign on December 9, 1975, which had been
approved, but the applicant had subsequently withdrawn
that proposal.
It was moved by Councilman Sweeney and seconded by Council-
man McDowell that the proposed 55 square foot sign be
referred back to the Planning Commission and the Architectural
Review Board. The motion carried by the following vote:
-1- 4/14/76