76-0505_CC_Minutes_Regular Meeting145
MAY 5, 1976
REGULAR MEETING OF TILE CITY COUNCIL OF TIIE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular fleeting of the City Council was called to order by
Mayor Nash at 7:01 P.m. in the City Council Chamber followed
by the Pledge of Allegiance to the Flag. Invocation was given
by Pastor Bob Scott of the 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: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; George M. Lohnes, Associate
Civil Engineer; Thomas G. Merrell, Director of Planning; James S.
Okazaki, City Attorney; Mary Ann Hanover, City Clerk
MINUTES:
Adjourned Regular fleeting, April 14, 1976:
It was moved by Councilman Heckscher, seconded by Councilman
McDowell and unanimously carried that the Minutes of the Adjourned
Regular Meeting of April 14, 1976, be approved with the following
amendment to Page 2, "Route 'E', Alto Capistrano, EIR:" the
fourth sentence of the third paragraph is to read, "Councilman
Friess cited the need for a secondary route and suggested a road
just below the cut face north of development on Avenida Calita;
he is opposed . . ."
Special Meeting, April 20, 1976:
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that the Minutes of the Special
Meeting of April 20, 1976, be approved as submitted.
Regular Meeting, April 21, 1976:
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the Minutes of the Regular
Meeting of April 21, 1976, be approved with the following amend-
ment to Page 9, "Initiation of General Plan Amendment 76-2:"
After 111. John Sweeney . . . in a General Plan Amendment" add,
. . and cited letters addressed to the City Council from the
property owners in that area where the General Plan land use is
now Small Estate with zoning of low density, 2 units per acre;
the property owners objecting are: T. VanGreuningen, Overton,
C. Bridges, M. McCabe, C. Walter, J. Sweeney." Correct the name
after 112" to "Jean Ashwill."
BIDS, CONTRACTS. AGREEMENTS
1. BUILDING & SAFETY SERVICES - AGREEMENT WITH COUNTY OF ORANGE
(25) Council received copies of a report dated May 5, 1976, from
the Director of Public Works forwarding copies of a revised
Agreement with the County of Orange for building and safety
inspection services for fiscal year 1976-77. The revised
Agreement provides for the City to either absorb annual
losses or realize annual revenues, based on the County's
actual cost of performing the services plus overhead
expenses.
-1- 5/5/76
50 Mayor Nash advised that a meeting had taken place with
members of the City staff, representatives of Glendale
,Federal (the developers), and the homeowners association,
and that specific plans for improvement of the situation
are to be available in approximately one week. Councilman
Friess inquired if the County Health Department had been
notified of the swim pool problems and stated that there
should be corrective action by summertime. Councilman
Heckscher stated that it was appropriate for the City to
become involved in ameliorating the situation.
5. UTILITY UNDERGROUNDING REQUIREMENTS
(90) Mr. Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach,
advised that he would like to address the Council when the
request for a waiver of utility undergrounding requirements
appears later on the Agenda.
CONSENT CALENDAR
1. APPROVAL OF WARRANTS
(41) With regard to Warrants Nos. 7083 and 7084, Councilman
Heckscher requested that when future investments appear on
the List of Demands, that Council be advised of the terms
of each investment, the rate of return, the percentage,
and the period of time involved in each.
After further clarification, it was moved by Councilman
Sweeney, seconded by Councilman Heckscher and unanimously
carried that the List of Demands, Warrants Nos. 7082 through
7152, inclusive, and 1911 Act Account Warrant No. 0179, in
the total amount of $367,419.28, be approved as submitted.
2. REPORT OF PLANNING COMMISSION ACTIONS OF APRIL 20 AND
APRIL 27. 1976
(68) After clarification that Council is not approving Planning
Commission items by receiving reports of meetings on the
Consent Calendar, it was moved by Councilman McDowell,
seconded by Councilman Sweeney and unanimously carried that
the Reports of Planning Commission Actions of April 20 and
April 27, 1976, be received and filed.
RECESS AND RECONVENE
Council recessed at 8:50 P.M. and reconvened at 9:12 P.M.
3. REQUEST FOR DOOR-TO-DOOR SOLICITATION PERMIT
-_- ----,--- --
(26)
(26) The request of the National Cystic Fibrosis Foundation for
permission to solicit for funds from door-to-door within
the City from August 1 to September 1, 1976, is approved.
4. RESOLUTION IN SUPPORT OF THE U.S. NAVAL RESERVE
(89) Mayor Nash read the following proposed Resolution:
U.S. NAVAL RESERVE - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, URGING THE
CONGRESS OF THE UNITED STATES TO MAINTAIN OUR PRESENT NAVAL
RESERVE FORCES
It was moved by Councilman Sweeney, seconded by Mayor Nash
and unanimously carried that Resolution No. 76-5-5-4 be
adopted. Copies of the Resolution are to be forwarded to
the appropriate Senators and Congressmen.
-6- 5/5/76
COASTAL ZONE CONSERVATION COMMISSION -
REPORT OF SERRA PERMIT STATUS
151
(27) The Director of Public works made an oral report regarding
the hearing held May 5, 1976, by the California Coastal Zone
Conservation Commission on the application of SERRA to expand
the ocean outfall facilities.
Mayor Nash directed that staff prepare a recapitulation of
the hearing and the implications of the conditions imposed
by the Commission, and specifically the condition applying
to agricultural lands within the Coastal Resource Management
Area. Councilman Sweeney suggested that a letter be written
to the Commission regarding the limited amount of time
allowed for response by the City; the Commission staff report
was received on May 3rd and the hearing held in San Diego
on May 5th.
AGRICULTURAL PRESERVATION - COUNCIL DISCUSSION
(68) Council received copies of a report dated April 21, 1976,
from Loretta Murray, Administrative Aide, setting forth a
history of the proposed agricultural preservation program
since February of 1973.
Council members discussed the provisions of the General Plan
and the Land Use Management Code which provide for active
programs of agricultural preservation and the failure of
Proposition A (the agricultural measure) on the March 2,
1976, ballot.
Mayor Nash suggested that staff be directed to draft a model
ordinance for the assessment of development fees for agri-
cultural preservation for Council consideration. Staff is
also to address the .merits of various development fee amounts
and the rationale therefor.
It was moved by Mayor Nash, seconded by Councilman Heckscher
and unanimously carried to direct staff to include agri-
cultural preservation as a part of a General Plan Amendment
during 1976, and to draft a model ordinance for enacting,
agricultural preservation fees as soon as possible.
Councilman Heckscher noted that the development fee proposed
by Proposition A was on a flat fee basis rather than on an
ascending scale with assessed valuation.
Councilman Friess suggested that the availability of grant
funds for the purchase of open space lands be investigated.
PROPOSAL FOR PURCHASE OF GLENDALE FEDERAL SAVINGS & LOAN PROPERTY -
COUNCIL DISCUSSION
(73) Council received copies of a report dated April 4, 1976,
from Louis A. Center setting forth a preliminary proposal
for the City purchase of approximately 1600 acres of land
currently owned by Glendale Federal Savings and Loan
Association. The proposal provides for the acquisition of
approximately 980 acres of open space and the San Juan Hills
Golf Course and City development of the remainder of the
property. Council also received copies of a letter dated
May 52 1976, from Richard R. Rebal, Senior Vice President of
Glendale Federal, advising that any discussion of the matter
must be considered preliminary and subject to approval of
Glendale Federal.
Councilman Sweeney suggested the appointment of a citizens
committee of 15 to 20 persons to study the proposal and
report to the Council.
-7- 5/5/76
1 Council addressed the costs which would be involved, the bond
rate which would be required for the purchase, and the
appropriateness of the City purchasing land for the purpose
of development. Mr. Lou Conter, 32022 Paseo de Hermosa,
addressed the Council and stated that the proposal is pre-
liminary in nature and that lie his the concurrence of Glendale
Federal to discuss the matter with the City.
It was moved by Councilman Sweeney, and seconded by Councilman
McDowell that the Mayor appoint a citizens committee of up to
15 persons representative of various organizations in the City
to act as a citizen panel, an ad hoc committee, to report
their views on the proposal involving the Glendale Federal
property within a reasonable period of time, preferably by
June 15th. The motion failed by the following vote:
AYES:
Councilmen
Sweeney
and McDowell
NOES:
Councilmen
Friess,
Heckscher and Mayor Nash
SUBDIVISIONS AND ANNEXATIONS
1. TENTATIVE TRACT 9299 -
UACATE ROAD l
SPO
(85) Council received copies of a report dated April 21, 1976,
from the Director of Planning on the request of KCS Systems,
Inc., 336 Poinsettia Avenue, Corona del Mar, to divide
approximately 9 acres of land located at Del Obispo Street
and Aguacate Road into 12 residential lots and one common
open space lot. The Planning Commission had denied the
tract on April 6th since they were unable to resolve the
issue of access to the property - whether it should be from
Aguacate Road or Del Obispo Street. The Traffic Commission had
reviewed the access problem and recommended connection to
Aguacate Road. The map proposes that the access road cross the
ravine from Aguacate Road; the applicant also proposes to remove
the existing earth fill dam in the ravine. A map and model of
the area were available for Council consideration.
Councilman Heckscher suggested that consideration be given
to the installation of an artfully -designed bridge, rather
than construction of a culvert or roadway over the ravine.
He also suggested that the location and manner of construc-
tion of the building pads be addressed.
Mayor Nash directed that, with the concurrence of the
developer, the matter be continued to the next regular
Council meeting of May 19, 1976, so that staff may report on
the feasibility of bridge construction and type of building
pads. Mr. Denis Kutch, 31831 National Park Drive, Laguna
Niguel, addressed the Council on behalf of KCS Systems, and
stated that he would concur with the continuation of the
matter as long as it was dealt with at the Council level.
He also stated that the developer intends to preserve every
tree on the site.
2. FINAL MAP, TRACT 9181 - SAN JUAN CREEK
(85) Council received copies of a report dated May 5, 1976, from
the Director of Public Works forwarding copies of a proposed
Subdivision Agreement for Tract 9181 located off San Juan
Creek Road northeast of the existing San Juan Hills develop-
ment. The final map is in conformance with the Subdivision
Map Act, all development fees have been paid, and all
conditions of approval have been met. Council also received'
copies of a letter dated April 22, 1976, from E.J. Naffziger
of the County EMA Regulation Division stating the conditions
of approval with regard to grading plans and soils and
fM
t
5/5/76
geological reports. Drainage and groundwater Eoxditions
1
have been an item of concern due to problems in the adjacent
San Juan hills Tract.
Councilman Friess stated his concerns with receiving the
final map for approval after grading has commenced.
Air. James Jefferson, Attorney at Law, representing Glendale
Federal addressed the Council and advised that grading of
the project has been completed and that they have not
received any notice of further conditions or requests for
further information; lie stated that the developer would be
willing to supply the City with any information they have.
Mr. Leland Johnson, Project Engineer, Ervin Engineering
S Associates, addressed the Council and advised that
their personnel have concluded that there is no problem
with drainage within the limits of the proposed subdivision;
potential problems exist in other units of the development
which will be resolved.
Councilman Heckscher suggested that the City should receive
assurance from County personnel that the conditions stated in
Mr. Naffziger's letter of April 22nd have been applied to
the project.
Mr. Martin Owen, Irvine Soils Laboratory, addressed the
Council and advised that there are two separate reports,
one on grading and one on ground water. He stated that the
County is satisfied with their reports, as long as they are
included with the project plans and specifications.
Mayor Nash directed that consideration of the Final Map for
Tract 9181 be continued until the next regular Council
meeting of May 19, 1976, so that County and City concerns
with drainage and ground water may be coordinated. He
requested a more comprehensive report with identification
of regional ground water conditions.
HOUR OF ADJOURNMENT
(69) The hour of eleven o'clock P.M. having arrived, it was the
concensus of the Council to continue consideration of Agenda
matters rather than adjourn the meeting.at this time as
provided by Resolution No. 75-3-5-6.
UTILITY UNDERGROUNDING REOUIREMENT - REOUEST FOR WAIVER
(KINOSHITA)
(90) Council received copies of a report dated May 5, 1976, from
the Director of Public Works regarding the request of
Mr. Shigeru Kinoshita for a waiver of the requirement for
utility undergrounding in conjunction with the relocation of
a packing shed on his property at the intersection of Alipaz
Street and Camino del Avion.
It was moved by Mayor Nash, seconded by Councilman Heckscher
and unanimously carried that the request of Mr. Kinoshita
for a waiver of the requirement for utility undergrounding
be approved.
ENVIRONMENTAL REVIEW BOARD
1. GRADING PERMIT (SMYTIi BROS.)
(65) Council received copies of a report dated May 5, 1976, from
the Director of Planning regarding the revisedgrading plan
for the vacant property on Camino Capistrano north of
Avenida Aeropuerto which provides for the preservation of
the knoll area and the large sycamore tree. Two other trees
on the property are proposed to be removed due to their
location on the site. James Knight addressed the Council on
behalf of Smyth Bros.
-9- 5/5/76
4C It was moved by Councilman Friess, seconded by Mayor Nash
and unanimously carried to approve the revised grading plan
with the condition that an attempt be made to preserve the
elderberry tree and the walnut tree.
SEWER LINE RIGHT-OF-WAY EASEMENT
(ATCHISON, TOPEKA & SANTA FE RAILWAY)
(80) Council received copies of a report dated May 5, 1976, from
the Director of Public Works advising that the yearly license
fee of $725 is due for 1976, pursuant to the.3-year Agreement
entered into between the City and the Railway Company on
June 4, 1975. The fee is for the lease of a 1.5 mile long
easement parallel to the railroad tracks along Camino
Capistrano in the northern area of the City.
The report also provides an outline for City acquisition of
the property by eminent domain with estimated costs of
condemnation proceedings ranging from $6,000 to $15,000.
It was moved by Councilman Sweeney and seconded by Councilman
Friess to forestall condemnation proceedings until necessity
and expediency of the issue implore the use of eminent domain.
The motion was subsequently withdrawn.
It was moved by Councilman Heckscher, seconded by Councilman
McDowell and unanimously carried that the City Attorney be
directed to initiate condemnation proceedings of the property
covered by the license agreement referred to hereinabove.
TENTATIVE PARCEL MAP FOR DIVISION OF LAND 76-8 (VA LLE)
(85) Council received copies of a report dated May 5, 1976, from
the Director of Planning forwarding copies of Planning
Commission Resolution of approval No. PC 76-4-20-1 for
DL 76-8, a division of approximately 9.77+ acres of land
known as Assessor's Parcel No. 673-061-04 into four parcels.
The proposed subdivision is located in an area north -of
Paseo de la Paz between Del Obispo Street and the west City
limits. The Planning Commission Resolution requires that
the developer possess legal access to the property for
residential purposes and that improvements to that access
include a separated tra.velway with a landscaped median
strip. The alternatives for access are either (1) by means
of the existing private road easement to Del Obispo Street,
or (2) northward to Calle Ricardo.
Council also received copies of a petition from property
owners in the area requesting that the tentative map be
disapproved and returned to the Planning Commission with
appropriate directions for a more complete consideration
of the conditions relating to access.
Mayor Nash directed that the Tentative Parcel Map for
DL 76-8 (Valle) be referred to the Planning Commission for
report back to the City Council on May 19th. Further
consideration is to be given to road access, surrounding
properties, and the potential for further subdivision of
the Valle property.
COUNCIL REMARKS
1. CAPISTRANO AIRPORT
(88) Councilman Sweeney suggested that discussion of the
Capistrano Airport be placed on a future Council Agenda.
He cited future phase-out of the facility, flight patterns,
and landing or service fees as items of concern. The `City
Manager advised that a meeting ha.d been held with repre-
sentatives of the FAA and Sheriff's Department and that some
suggestions had been made regarding airport safety, but
there did not appear to be a liability problem.
-10- 5/5/76
Mayor Nash directed that discussion of the Capistrano Air-
155
port be placed on the City Council Agonda of May 19, 1976,
and requested receipt of a staff report addressing Council
comments.
2. SUBDIVISION DEVELOPMENT CHART
(36) Councilman Sweeney commended the Director of Planning and
staff on the compilation of the Subdivision Development
Chart requested by Council.
3. CITY REVENUES
(86) Councilman McDowell suggested that the City should seek
additional revenues by expediting development of commercial
and industrial properties.
4. 1976-77 FISCAL BUDGET
(24) Councilman Friess requested that the following items be
included in the preliminary 1976-77 budget for Council
consideration: (1) Minimal costs of landscaping the Mission
Bell "greenbelt" area; and (2) Cost factors of a City
mailing to residents combined with water bills and a special
mailing every two months.
5. GROWTH MANAGEMENT
(28) Councilman Friess requested that discussion of Growth Manage-
ment be placed on a future Council Agenda for consideration
of positive action the City can take in order to direct
future growth.
6. PROCLAMATION - MUNICIPAL CLERK'S WEEK
(71) Councilman Heckscher suggested that the Mayor be authorized
to proclaim the week of May 10 = 14, 1976, as Municipal
Clerk's Week. Mayor Nash advised that matters of this
nature are now handled administratively and that the
Proclamation had been signed.
7. IMPORTATION OF FILL MATERIAL - MARLBOROUGH TRACT
(25) Mayor Nash directed that staff prepare a report regarding
the importation of fill material at the Marlborough tract
in County territory in the vicinity of the south City limits.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:15 A.M., May 6, 1976, to the next regular
meeting date of Wednesday, May 19, 1976, at 7:00 P.M. in the
City Council Chamber.
APPROVED:
7 '�UGLAS NASH, MAYOR
Respectfully submitted,
MARY ANN NOVER, CITY CLERK
-11- 5/5/76
MAY I^. `.d
RFn v _vrING 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 7:02 P.M. in the City Council Chamber followed by
the Pledge of Allegiance to the Flag. Invocation was given
by Father Martin, Old Mission Church.
ROLL CALL: PRESENT: Douglas B. Nash, Mayor
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; William D. Murphy,
Director of Public Works/City Engineer; John O'Sullivan, Director
of Administrative Services; Thomas G. Merrell, Director of Planning;
James S. Okazaki, City Attorney; Mary Ann Hanover. City Clerk.
MINUTES:
Regular Meeting, May 5, 1976:
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that the Minutes of the Regular Meeting
of May 5, 1976, be approved with the following amendments to Page 5
"Proposed Roadway Extensions:" 4th line, 2nd paragraph, insert
the words "the straight -across" between ". . .Valley, but that"
and "Stonehill Drive extension. " Last line, 2nd paragraph,
change "Stonehill" to "Alipaz Street."
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that all ordinances be read by
title only.
BIDS, CONTRACTS, AGREEMENTS
1. HEALTH SERVICES - EXTENSION OF AGREEMENT WITH COUNTY OF ORANGE
(59) Council received copies of a report dated May 19, 197.6,
from the City Clerk forwarding copies of an agreement with
the County of Orange for a 4 -month extension of the current
City -County Health Services Agreement from June 30, 1976,
to October 31, 1976. The County is proposing to negotiate
a new Agreement prior to the October termination date.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the 4 -month
extension of the City -County health Services Agreement, to
authorize the Mayor to execute the Agreement on behalf of the
City and the City Clerk to attest thereto,
2. CITY LIABILITY AND REAL PROPERTY INSURANCE COVERAGE
(48) Council received copies of a report dated May 19, 1976, from
the Director of Administrative Services providing further
information on bids received for the City's liability insurance
coverage, as requested by Council on May 5, 1976.
Council was also provided copies of a Proposal for Risk Manage-
ment and Insurance Audit dated May 17, 1976, from Warren,
McVeigh, Griffin & Huntington.
It was moved by Councilman Heckscher, seconded by Councilman
-1- 5/19/76