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76-0616_CC_Minutes_Regular Meeting191 JUNE 16, 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 7:08 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Councilman John B. Sweeney. ROLL CALL: PRESENT: Douglas B. Nash, Mayor Yvon 0. Heckscher, Mayor pro tem Kenneth E. Friess, Councilman Richard D. McDowell, Councilman John B. Sweeney, Councilman ABSENT: None STAFF PRESENT: John O'Sullivan, Director of Administrative Services; George Lohnes, Associate Civil Engineer; Thomas G. Merrell, Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES: Adjourned Meeting, May 26, 1976: It was move y Counci man ecTscher, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Adjourned Regular Meeting of May 26, 1976, be approved as submitted. Regular Meeting, June 2, 1976: It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that the Minutes of the Regular Meeting of June 2, 1976, be approved as submitted. 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. RENEWAL OF AGREEMENT FOR SLUDGE REMOVAL GOLDEN WEST FERTILIZER COMP NYT— (79) This Agreement was continued to the meeting of July 7, 1976, for purposes of clarification. 2. RENEWAL OF AGREEMENT FOR SANITARY SEWER LINE MAINTENANCE tF. B. COOK CORPOR TION (30) Council received copies of a report dated June 16, 1976, from the Director of Public Works forwarding a proposed Agreement renewing the services of cleaning, maintaining, and repairing the City sewer lines at a unit price of 6� per lineal foot. The Agreement is for the period July 1, 1976, through June 30, 1977. It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to approve the Agreement with F. B. Cook Corporation for sewer lire maintenance, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. -1- 6/16/76 192 3. AGREEMENT FOR POSTPONEMENT OF TIME FOR FILING (35) It was the consensus of the Council that this matter be discussed in Executive Session. 4. TERMINATION OF AGREEMENT FOR ENGINEERING SERVI (74) Council received copies of a report dated June 16, 1976, from the Director of Public Works recommending that the retainer agreement for consultant engineering services between the City and Woodside/Kubota be terminated. The 'retainer is in the amount of $750 per month and provided for services during the transition to an in-house Engineering Division. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to terminate the Agreement for consultant engineering services with Woodside/Kubota and Associates dated June 18, 1975, and to direct staff to so advise the firm. The Agreement provides for cancellation by either party upon 30 -days notice. Staff is directed to prepare a Resolution acknowledging the services of Woodside/Kubota and Associates for Council consideration at the next regular meeting. 5. AGREEMENT FOR LAW ENFORCEMENT SERVICES FOR FISCAL YEAR 1976-77 ORANGE COUNTY SHERIFF) (70) Council received copies of a report dated June 16, 1976, from the City Manager forwarding a proposal for law enforcement services for fiscal year 1976-77 from Brad Gates, Orange County Sheriff -Coroner. The proposal provides for the addition of one full-time, one-man patrol unit to the present level of service at a total cost of:S22.per capita_($376,637) for the fiscal year. Lt. Jack Devereaux, Sub -Station Commander, addressed the Council and advised that an additional Deputy would be hired effective July 1, 1976, upon approval of the contract. It was moved by Councilman Sweeney, seconded by Councilman Friess and unanimously carried to approve the proposal for law enforcement services submitted by the Orange County Sheriff's Department for fiscal year 1976-77 at a total cost of $376,637, to authorize the 'Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. Mayor Nash inquired if it were possible to place the words "City of San Juan Capistrano" on the units assigned to the City. Lt. DeVereaux stated he would look into the matter and report back to the City Manager. 6. AGREEMENT FOR FIRE PROTECTION SERVICES FOR FISCAL YEARS 1976 THROUGH 1981 (COUNTY OF ORANG (42) Council received copies of a report dated June 16, 1976, from the City Manager forwarding copies of a proposed Agreement with the County of Orange for fire prevention, fire fighting, and rescue services for the period July 1, 1976, through June 30, 1981. The Agreement extends the terms of the current Agreement for the 5 -year period of time. Costs of fire protection and paramedic service are funded through the County tax rate. It was moved by Councilman Heckscher, seconded by Councilman McDowell and unanimously carried to approve the Agreement with the County of Orange for fire services for fiscal years 1976-81, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. -2- 6/16/76 7. STREET AND STORM DRAIN IMPROVEItENTS TO ALIPAZ STREET - 1 9 A 01)VOU AT. 1117 nT.ANR AMII Cn61`T VTC'A'V 7 nnra AM ]I !`ATT. vnlz nT TIS (83) Council received copies of a report dated June 16, 1976, from the Director of Public Works providing information on the proposed Alipaz Street improvements including the realignment of the street from Camino del Avion through the new right -of --way across the Kinoshita property and extending northerly 1800 feet to the southerly side of the Rancho Alipaz Mobile Home Park. Included also is a major storm drain connection. The street will be closed to through traffic with access provided on a paved traffic lane for residents. Construction is expected to last approximately five months. Plans and specifications are available for review in the Public Works Office. It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to approve the plans and specifications and to authorize the City Clerk to advertise for bids, the date for bid opening to be established by the Director of Public Works/City Engineer. 8. CONSULTANT AGREEMENT FOR LOS RIOS AREA PRECISE PLAN (ARROYO GROUP) AND PROPOSED ALTERATIONS TO MONTANEZ ADOBE (23) Council received copies of a report dated June 16, 1976, from the Director of Planning forwarding the proposed Agreement with the Arroyo Group for the preparation of the Los Rios Precise Plan. The contract price is $18,650; and, an additional $1,000 would be expended for the completion of a final three-dimensional model of the precise plan. Mayor Nash requested that the recommendation of the Cultural Heritage Commission regarding the Montanez Adobe, which appears later on the Agenda, also be considered at this time. the Historical Society has regl+ested permission to demolish portions of the Montanez Adobe and alter ether sections of the structure as part of their restoration plan. The staff report from the Director of Administrative Services forwards letters of divergent opinions from members of the Society regarding the proposed alterations. Mayor Nash suggested that due to the controversy over the Montanez Adobe the consultant be requested to address the Adobe in conjunction with the Precise Plan and make specific recommendations on any proposed alterations; Council would defer action on any modifications to the Adobe until the consultant has presented his report. Since the County has allocated Federal revenue sharing funds in the amount of $40,000 for restoration of the Adobe.and must review all plans for alterations, the opinion letters received from the Historical Society, Cultural Heritage Commissioners Boucher and Forster, Walking Tour Guides, and Doris Drummond are to be forwarded to that agency. Councilman Heckscher suggested that the National Trust for Historic Preservation be requested to examine the building and render an opinion. Mr.Jim Goodell, representing the Arroyo Grcap, addressed the Council and stated they would agree to examine the Adobe and make specific recommendations as part of the Precise Plan for the Los Rios Area. It was moved by Councilman Sweeney and seconded by Council- man Heckscher to approve the Agreement between the City and The Arroyo Group for preparation of the Los Rios Precise Plan including specific recommendations for the Montanez Adobe, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. The motion carried by the following vote: -3- 6/16/76 194 AYES: Councilmen Sweeney, Friess, Heckscher and Mayor Nash NOES: Councilman McDowell ABSENT: None 9. SAN JUAN CREFK REST STOP IMPROVEMENTS (62) Council received copies of a report dated June 16, 1976, from the Director of Public works advising that no bid proposals were a•eceived at the bid opening scheduled for June 8th. The rent-free lease between the City and the County Flood Control District provides for improvement of the site by the City on or before October 1, 1976. County staff has indicated that an extension of the lease to March 31, 1977, may be acceptable. It was moved by Councilman Sweeney and seconded by Mayor Nash to direct staff to request a time extension for the rent-free lease with the Orange County Flood Control District to March 31, 1977. Should County approval of the time extension not be received by July 15, 1976, staff is authorized to immediately commence design and construction of improvements co the San Juan Creek Rest Stop with the minimum acceptable level of improvements required to meet theterms of the lease. The motion carried by the following vote: AYES: Councilmen Sweeney, Friess, Heckscher and Mayor Nash NOES: Councilman McDowell ABSENT: None PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT 75-3,_ APPEAL OF PLANNING COMMISSION ACTION (DELL01A SWIII SCHOOL) (39) This Public Hearing was originally scheduled for April 7, 1976, and was subsequently continued to the Council meetings of May 19th and June 16th, as requested by the applicant. Council received copies of a letter dated June 11, 1976, from Air. Dellota requesting a further continuance of the matter to July 7, 1976. It was moved by Councilman McDowell, seconded by Councilman Heckscher and unanimously carried to continue the Public !fearing on CUP 75-3 to the regular meeting of Wednesday, July 21, 1976, and to inform the applicant that there will be no further continuances granted. 2. REZONE 76-7 (MARSDEN) - PUBLIC HEARING DATE (95) Mayor Nash established July 7, 1976, at 7:00 P.M. in the City Council Chamber as the time and place for the Public Hearing on Rezone 76-7 (Marsden), a petition for a change from GM (Growth Management) to CM (Commercial Manufacturing) for a 1.5+ acre parcel of land located on the northeast corner of Via Serra and Camino Capistrano. 3. 1976-81 FISCAL BUDGET - PUBLIC HEARING DATE (24) Mayor Nash established July 7, 1976, at 7:00 P.M, in the City Council Chamber as the time and place for the Public Hearing on the adoption of the 1976-81 fiscal budget. Mayor Nash advised that public continent would be received at the Council budget discussion scheduled for Monday, June 21, 1976, at 7:00 P.M. in the Council Chamber. -4- 6/16/76 ORDINANCES 1. ORDINANCE NO. 304, REGULATING CAPISTRANO AIRPORT USE (48) Council received copies of the proposed Ordinance establish- ing regulations for use of the Capistrano Airport, as amended on June 2, 1976. Council also received copies of letters from the following residents in opposition to the adoption of the Ordinance: R. F. Rush, 31951 Calle-Winona H. G. Weick, 34302 Alipaz, #165. It was moved by Councilman McDowell that the proposed Ordinance be set aside; if problems develop in the future, the Ordinance would be available for adoption. The motion failed for lack of a second. Councilman Heckscher suggested that the landing fee provided for in Section 2.B. should be only in an amount sufficient to pay for the printing of the permits. Mayor Nash suggested that the permit should be valid for 24 hours or until the aircraft departs, whichever is later, rather than expiring at dusk of each day. Councilman Friess recommended that after the effective date of the Ordinance, the airport operators be allowed a 6 -month period of time for evaluation of the Ordinance before the City adopts a resolution estab- lishing the fee schedule. Councilman McDowell suggested that it would not be appropriate to hire an additional City employee for the purpose of monitoring aircraft activity. Rose Corigan, Los Cerritos Ranch, addressed the Council to advise that a $2.00 tie down fee is already required by the airport. ORDINANCE NO. 304: REGULATING AIRPORT USE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DEFINING AND REGULATING THE USE AND HOURS OF OPERATION OF THE CAPISTRANO AIRPORT RUNWAY AND TAXIWAY 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 Friess and seconded by Councilman Heckscher that Ordinance No. 304 be re -introduced with the following amendments: SECTION 2.B. The last sentence is to read, "Each permit shall be valid for a period of 24 hours or until such time as the aircraft shall leave the Capistrano Airport, whichever is later." SECTION 3. The last sentence is to read, "In addition, the monthly report shall include . . ." The motion carried by the following vote: AYES: Councilmen Sweeney, Friess, Heckscher, and Mayor Nash NOES: Councilman McDowell ABSENT: None 2. ORDIN DOOR SOLICITATION (26) Council received copies of the proposed Ordinance regulating door-to-door solicitation Athin the City, as amended on May 19th. Council also received copies of letters from the following organizations in opposition to the proposed Ordinance: -5- 6/16/76 3 . s! 6 South Orange County Board of Realtors, 26926 Vista del Mar, Capistrano Beach. Tarbell Realtors. 31771 Del Obispo Street. Councilman Heckscher noted that the Ordinance is proposed due to the substantial increase in this type of activity and that solicitation by means of the mails or the telephone is exempt from the provisions of the Ordinance. Solicitation for charitable and/or philanthropic purposes is also exempt provided that a registration certificate is issued by the City Clerk. Chris Bose of Tarbell Realtors addressed the Council to request that realtors be excluded from the Ordinance. He stated that realty solicitation is based on personal contact and that a service is provided since free note pads and pens are distributed. Mayor Nash noted that the volume of hand- out materials distributed has become less of a service and more of a nuisance. ORDINANCE NO. 305: REGULATING DOOR-TO-DOOR SOLICITATION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DEFINING AND REGULATING SOLICITORS, PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND REPEALING PORTIONS OF ORDINANCE NO. 171 IN CONFLICT THEREWITH was read by title by the City Attorney. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Heckscher and seconded by Council- man Sweeney that Ordinance No. 305 be introduced. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None 3. ORDINANCE NO. 306, ESTABLISHING RULES AND REGULATIONS FOR STREET LIGHT ENERGY AND MAINTENANCE CHARGES (INTRODUCTION) (53) Council received copies of a report dated June 16, 1976, from the Director of Public Works forwarding copies of a proposed Ordinance providing for the payment of estimated costs of street light energy and maintenance by developers of property. A schedule of fees is to be set forth by Resolution of the Council. The Ordinance is proposed for the purpose of formalizing City policy of collecting a one- year charge per light required. ORDINANCE NO. 306: STREET LIGHT ENERGY AND MAINTENANCE FEE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING RULES AND REGULATIONS TO CONTROL AND REGULATE THE STREET LIGHT ENERGY AND MAIivTENANCE FEE WITHIN THE CITY OF SAN JUAN CAPISTRANO 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; seconded by Councilman McDowell that Ordinance No. 306 be introduced. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None -6- 6/16/76 RESOLUTIONS 1. ESTABLISHING DEVELOPMENT FEES AND BONDING SCHEDULES (8) Council received copies of a report dated June 2, 1976, from the Director of Public Works forwarding a proposed Resolution setting forth revised fee schedules for the processing of development plans, divisions of land, administration, and construction inspections. 197 Council. members discussed the various fees set forth in the report. The Director of Administrative Services advised that the sewer connection charges are based on future improvements to the system; the City is divided into drainage areas, and drainage fees are based on the needs of each specific area. Councilman Heckscher suggested that justi- fication for the fees be provided and that fees should be assessed in relation to the service provided. RESOLUTION NO. 76-6-16-1: DEVELOPMENT FEES AND BONDING SCHEDULES - A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING DEVELOPMENT FEES AND BONDING SCHEDULES FOR THE PROCESSING OF DEVELOPMENT PLANS, DIVISIONS OF LAND, ADMINISTRATIVE MATTERS, AND CONSTRUCTION INSPECTION AND RESCINDING RESOLUTION NO. 75-9-17-2 It was moved by Councilman Heckscher, seconded by Councilman McDowell and unanimously carried that Resolution No. 76-6-16-1 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None Mayor Nash directed that staff prepare an evaluation justifying the amount of each of the fees set forth in the Resolution for presentation to the Council in approximately 90 days. 2. INTENT TO VACATE A PORTION OF CAMINO CAPISTRANO (91) Council received copies of a report dated June 2, 1976, from the Director of Public Works advising that the Veta Company (Smyth Bros.) has requested that a. strip of :Land near Avenida Aeropuerto be vacated by the City. The area consists of approximately 0.15 acres was caused by the final alignment of Camino Capistrano. RESOLUTION NO. 76-6-16-2: VACATION OF A l.HY101118iNU - H 1U_'0U11Ur1U1N UC -11= G17Y WulNull, Ur 7111, G1.1Y OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF CAMINO CAPISTRANO It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Resolution No. 76-6-16-2 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None The Resolution sets a Public Hearing for July 7, 1976, at 7:00 P.M. in the City Council Chamber. -7- 6/16/76 3. REPRESENTATIVES 'f0 SMALL CLAIMS COURT (33) Council received copies of a report dated June 16, 1976, from the City Clerk forwarding a proposed Resolution authorizing certain named employees to appear in Small Claims Court on behalf •:,f the City .for the purposes of collecting monies owed to the City in the amount of $300 or less. RESOLUTION NO. 76-6-16-3: REPRESENTATIVES TO SMALL CLA I.VVItI H 11"UJ vJ11, , v, u.... va-- JUAN CAPISTRANO. CALIFORNIA, APPOINTING CORPORATE REPRESENTA- TIVES TO SMALL. CLAIMS COURT It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried that Resolution No. 76-6-16-3 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None The Resolution appoints the following individuals as City representatives to Small Claims Court: Mary Ann Hanover, City Clerk Mary Carpenter, Business License Clerk James S. Mocalis, City Manager John O'Sullivan, Director of Administrative Services David B. Smith, Administrative Assistant Dennis Bushore, Principal Engineering Aide Larry Lawrence, Associate Planner ORAL COMMUNICATIONS 1. EL CAMINO REAL PARK PROJECT - SOUTH COAST CLOVERS 4-H CLUB (62) Cathy Matthews, Chairman, E1 Camino Real Park Project, South Coast Clovers 4-H Club addressed the Council to request approval of their proposal to plant and maintain three areas of the park near the intersection of Camino Capistrano and La Zanja. The Club proposes to plant annual flowers in a bicentennial Lheme and to maintain the areas on an on-going basis as a Community Service Project. The installation of a plaque denoting 4-H involvement is also planned. The Project is set forth in a letter to the Council dated June 3, 1976..Mrs. Gillian Cannon, Project Leader, and members of the 4 -II Club accompanied Miss Matthews. The Director of Planning advised that the project has been reviewed by Ray Becerra and would be coordinated with the Planning Department. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unaimously carried to endorse the proposal of the South Coast Clovers 4-11 Club to plant and maintain three flowerbed areas of E1 Camino Real Park. 2. UNAUTHORIZED PARKING OF AUTOMOBILES (64) Pran Frost, 31301 Pasou Nogal, addressed the Council regarding automobiles with "For Sale" signs parking on the va.cant property at the intersection of Camino Capistrano and Del Obispo Street. Mrs. Frost was advised that staff is coordinating the installation of appropriate "No Parking" signs with the new owner of the property. -S- 6/16/76 RECESS AND RECONVENE 1.99 Council recessed at 8.55 P.M. and reconvened at 9:10 P.M. TREE PLANTING PROGRAM - SAN JUAN 13EAUTIFUL (61) Mayor Nash announced that he had received a check on behalf of the City in the amount of $800 from San .Tuan Beautiful. The funds are bing used to implement the organization's bicen- tennial project of planting 200 trees within the City during 1976. The ;Mayor advised that 175 trees have been planted along Del Obispo Street and San Juan Creek Road and that the 200th tree will be planted on the Fourth of July. Mayor Nash expressed his appreciation to San Juan Beautiful on behalf of the City. CONSENT CALENDAR It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried that the staff recommendations be accepted with regard to the following Consent Calendar items: 1. APPROVAL OF WARRANTS (41) The List of Demands dated June 16, 1976, Warrants Nos. 7305 through 7417, inclusive, in the total amount of $335,586.42, is approved as submitted. 2. REPORT OF PLANNING COMMISSION MEETING OF JUNE 8. 1976 (68) The Report of actions taken by the Planning Commission at its regular meeting of June 8, 1976, is ordered received and filed. 3. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF JUNE 1, 1976 (23) The Report of actions taken by the Cultural Heritage Commis- sion at its regular meeting of June 1, 1976, is ordered received and filed. 4. REQUEST FOR WAIVER OF BUSINESS LICENSE FEE - (61) The San Juan Capistrano Historical Society by letter dated June 3, 1976, has requested that the C_ty waive the require- ment for payment of business license fees in conjunction with the bicentennial production of "Pro Patria" on July 2, 3, 4 and 9, 10, and 11, 1976. The City Clerk is authorized to waive the payment of the fees. 5. CITY TREASURER'S REPORT OF BOND DELINQUENCIES (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of May 31, 1976, is approved as submitted. 6. CITY TREASURER'S REPORT OF INVESTMENTS AS OF MAY 31, 1976 (41) The City Treasurer's Report of Investements as of May 31, 1976, is approved as submitted. 7. TRACT 7112, PACESETTER HONES - RELEASE OF MONUMENTATION BOND (85) Authorization is granted to exonerate Monumentation Bond No. 115820 for Pacesetter Homes, Tract 7112, as set forth in the report from the Director of Public Works dated June 16, 1976. -9- 6/16/76 0 o SUBDIVISIONS AND ANNEXATIONS 1. APPROVAL OF FINAL MAP FOR TRACT 9181 (GLENDALI: FEDERAL SAVINGS & LOAN�� (85) This matter is continued from the Council meetings of May 26 and June 2, 1976, for the purpose of receiving specific plans for t:he correction of drainage and related problems and for receipt of plans and specifications for a sub -drain system for Tract 9181 from the developer. Council received copies of a letter dated June 16th from W.R. Munson, Chief, Earth Sciences Division, Orange County Environmental Management Agency, stating that the geotechnical reports and grading plans for Tract 9181 have been reviewed and that the project meets with his approval. Council also received copies of a letter dated June 11, 1976, addressed to Richard Rebal, Senior Vice President, Glendale Federal Savings and Loan Association,from John D. Taylor, Chairman of the Board of Governors of the adjacent Glendale Federal Tract 5514 setting forth corrective actions necessary to the drainage system, swimming pools, sidewalks, etc. in that Tract. Mayor Nash advised that Air. Rebal that afternoon had fully agreed that Glendale Federal will undertake the remedial actions specified in Mr. Taylor's letter, except that the completion date for all work is to be set back to September 30 instead of August 31, 1976, and that further examination is necessary as to appropriate measures to correct staining of swim pools. Another meeting between the Board of Governors and Glendale Federal is scheduled for June 2't, 1976, to discuss the most effective remedy for swim pool stain problems. Leland Johnson, Ervin Engineering, 729 South Park View, Los Angeles, project engineer for Tract 9181, addressed the Council and referred to the drainage plans posted for Council review. The plans call for the installation of a major storm drain system with underground sub -systems. The system is also designed to handle any ground water problems which may occur in the subdivision. Councilman Heckscher inquired if the City had any recourse if drainage problems occur similar to those in the adjacent Tract 5514 and was advised that the City has obtained bonds to cover labor, materials, and performance, but that the adequacy of engineering design is not coverer'. Larry Schlesser, representative of Glendale Federal, addressed the Council to corroborate the Mayor's understanding of corrective measures to be taken by Glendale Federal regarding Tract 5514. He stated that he had met with Mr. Rebal that afternoon and that the items set forth in the letter of June 11th were accepted by Glendale Federal (with the modifications indicated by the Mayor). Mr. Taylor then advised the Council that he had been assured by Mr. Rebal that the items set forth in the letter of June 11th were accepted by Glendale Federal (with the modifications indicated by the Mayor). It was moved by Councilman Sweeney, seconded by Mayor Nash and unanimously carried to approve the Final Map for Tract 9181, determining that said map is consistent with the City's General Plan and in substantial compliance with the approved Tentative Map, to approve the Subdivision Agreement and authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto, and to accept the Easement Deeds for storm drain purposes. -10- 6/16/76 2. DIVISION OF LAND 76-10 (HERNANDEZ) 201 (85) Council received copies of a report dated June 16, 19760 from the Director of Planning on the proposal of Icfarecio Hernandez, 5132 Sisson Drive, Huntington Beach, to subdivide an existing 2.66+ acre parcel of land located on the south- east corner of Camino Capistrano and Calle Lorenzo into three lots. The property is commonly known as Assessor's Parcel No. 649-052-02. A concern of the Environmental Review Board with regard to possible further subdivision of the lots which would create long narrow parcels has been resolved to the satisfaction of the Board. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to approve Division of Land 76-10 subject to the findings and conditions specified in the Planning Commission Resolution of approval No. PC 76-6-8-2. 7673 - (85) Council received copies of a report dated June 16, 1976, from the Director of Planning forwarding a letter dated May 14, 1976, from Maurer Development Co. requesting that the City approve a 2 -year extension of time for the Agreement Relating to the Approval of Tentative Tract No. 7673 between the City and Leadership Housing. Maurer Development Co. has purchased the rights to the tentative map, which is due to expire on July 8, 1976. In response to an inquiry from Councilman Heckscher, the Director of Planning advised that by approving the extension of time, the City would not in any way be approving a new concept for development of the 25 -acre property. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to approve an extension of Tentative Tract Map 7673 for a period of 2 years; said Tract Map to expire on July 8, 1978. ADMINISTRATIVE ITEMS: DIRECTOR OF PLANNING 1. GENERAL PLAN CONSISTENCY PROPOSED SHOPPING CENTER AT CAMINO LAS RAMBLAS/VIA CALIFORNIA (PRUDENTIAL INSURANCE COMPANY OF AMERICA) (46) Council received copies of a report dated June 16, 1976, from the Director of Planning on the proposal of The Prudential Insurance Company to construct a shopping center on a 14 -acre parcel of land located at Camino Las Ramblas and Via California. in the Alto Capistrano area of the City. Background information is contained in the report to the Planning Commission dated May 11, 1976. The property is zoned Giviand designated for a neighborhood convenience center of from 4 to 8 acres in the General Plan; a zone change would be required to accommodate the 14 -acre development from the Growth Management District to the Planned Community District, The Planning Commission has determined that the project is not specifically consistent with the General Plan. Council also received copies of a letter dated May 27, 1976, and copies of a Position Paper dated June 1, 1976, from Herman B. Roesti, Associate General Manager of Real Estate Investments for Prudential, requesting that the proposal be found consistent with the General Plan. Prudential holds an option for purchase of the land in question. For- warded also were copies of a letter dated June 14, 1976, from Morris Misbin in support of the request of Prudential Insurance Company. -11- 6/16/76 RM Mr. Roesti addressed the Council and stated that tax revenues generated to the City would approximate $100,000 annually. tie also stated that the cluster concept of construction would not be feasible for this particular property since the height of the uuildings would violate the view corridor of existing residences. Mr. Roesti requested that the City Council find the project to be consistent with the General Plan. Councilman Sweeney stated that he would not be in favor of insisting that a large portion of the project be devoted to residential development. lie suggested that the project as submitted would afford an opportunity to connect the Alto Capistrano area of the City with the downtown area by the construction of a frontage road off Camino Las Ramblas parallel to the freeway and connected to Valle Road; a two- lane roadway with a bicycle lane could be built. Mr. Sweeney referred to a report dated June 3, 1976, prepared by Council- man McDowell which reviews the economic impact of the General plan, pointing out that the Prudential project would provide a significant increase to the tax base of the City, as well as an increase in sales tax receipts. Councilman Heckscher noted that although the City is in need of increases in the revenue tax base, during General Plan Public Hearings Council had voiced concerns about allowing businesses into the periphery of the City which would take business away from the downtown commercial area. Mayor Nash suggested that the project could be made consistent with the General Plan and that in his opinion an 8 -acre site would be acceptable at the location. Mr. Roesti stated that their economic impact study supports the concept that the project . would not draw business away from other commercial areas. It was moved by Mayor Nash and seconded by Councilman Heckscher to find that the 14 -acre shopping center project at Camino Las Ramblas and Via California as proposed by The Prudential Insurance Company of America is not specifically consistent with the City's General Plan. The motion carried by the following vote: AYES: Councilmen Friess, Heckscher and Mayor Nash NOES: Councilmen Sweeney and McDowell ABSENT: None 2. GENERAL PLAN CONSISTENCY - OF (46) Council received copies of a report dated June 16, 1976, from the Director of Planning forwarding copies of a letter dated May 3, 1976, from the Orange County Real Property Services Department requesting a determination on conformity of two additional proposed fire station sites with the General Plan. Proposed sites on Del Obispo Street and on the Ortega Highway at Ganado Road were found in conformance with the General Plan on March 17, 1976. Property acquisition problems have resulted in the County seekii,g approval of alternative fire station sites on San Juan Creek Road (Site #3) and on Camino Capistrano approximately 150 feet north of San Juan Creek Road (Site #4). Mayor Nash advised that County Fire Chief Downs has cited a preference for the site on Del Obispo Street. Due to the cost of that site, it has been suggested that the City may wish to contribute towards the purchase of the property by providing approximately $90,000. -12- 6/16/76 4 3. 20� The Planning Commission has determined that neither Site #3 or Site #4 is consistent_ with the General Plan due to traffic directions, traffic loads, and response times. It was moved by Councilman Sweeney and seconded by Mayor Nash to find that Sites #3 and #,i are not in conformance with the City's General Plan. The motion failed by the following vote: AYES: Councilman Sweeney and Mayor Nash NOES: Councilmen McDowell, Friess and Heckscher ABSENT: None It was moved by Councilman Heckscher and seconded by Council- man Friess to find that Site #3 (San Juan Creek Road in the vicinity of Forster Canyon Road) is not in conformance with the General Plan and that Site #4 (Camino Capistrano in the vicinity of San Juan Creek Road) is in conformance with the General Plan. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess and Heckscher NOES: Mayor Nash ABSENT: None With the concurrence of the Council, Mayor Nash directed that staff communicate with the Orange County Fire Department in order to ascertain in what manner the City may assist in the acquisition of either Site #1 (Del Obispo Street) or Site #2 (Ortega Highway at Ganado Road) as possible future fire station sites. FOR VARIANCE (92) Council received copies of a report dated June 16, 1976, from the Director of Planning providing information on methods by which residents may apply for variances for minor fence encroachments into required front and side yard setbacks. Councilman Sweeney suggested that developers should provide information to home buyers regarding setback requirements. Councilman Friess suggested that fence encroachments be included as a topic in a future City newsletter. Council discussion ensued regarding the application of fence variance procedures to all areas of the City rather than specifying the Sun Ranch development. It was moved by Councilman Heckscher, seconded by Councilman Friess and unanimously carried to direct staff to prepare a resolution for action at the Council meeting of July 7, 1976, which -ould provide for waiver of payment of fees by persons applying for variances for illegal fences. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. HIGHWAYS - 1980 FAU FUNCTIONAL USAGE STUDY (44) It was the consensus of the Council that this item be considered at the Council meeting of July 7, 1976. 2. WAIVER OF REnUIREMENT FOR UTILITY UNDERGROUNDING (90) Council received copies of a report dated June 16, 1976, providing information on the request of Mr. Robert Rosario for waiver of the existing utility undergrounding policy for a vacant lot on Galano Way known as Lot 27, Tract 2706. Mr. B.J. Oakley, contractor, addressed the Council. -13- 6/16/76 204 It was moved by Councilman Heckscher and seconded by Council- man Sweeney to require underground wiring of the house from the junction bbx to the right-of-way for future use, but allow overhead utilities from the existing pole to the junction box with a combination underground and overhead electrical panel. The applicant is to be required to participate in a future undergrounding assessment district, said requirement to run with the land. There was no vote on the motion, and it was moved by Mayor Nash, seconded by Councilman Heckscher and unanimously carried that the matter be tabled to the Council meeting of July 7, 1976. 3. SERRA PLANT TRANSFER (79) Council received copies of a report dated June 16, 1976, from the Director of Public Works outlining the process necessary for the preparation of the financial and legal agreements for the plant transfer to the South East Regional Reclamation Authority. It was the consensus of the Council that the report be accepted. PARKS AND RECREATION COMMISSION 1. RESIGNATION OF COMMISSIONER NEAL (62) Council received copies of a report dated June 16, 1976, from the City Clerk forwarding a letter dated May 24, 1976, from Barbara Jean Neal submitting her resignation from the Parks and Recreation Commission. It was the consensus of the Council that the resignation be accepted and the Mayor authorized to direct a letter to Mrs. Neal in appreciation of her community service as a member of the Commission. TRAFFIC AND TRANSPORTATION C0MMISSION 1. REQUEST FOR S CAMINO CA FORSTER (87) Council received copies of a report dated June 16, 1976, from the Secretary to the Traffic and Transportation Commis- sion setting forth the request of the San Juan Capistrano Historical Sc iety that Camino Capistrano between Yorba and Forster Streets be closed between 8:00 P.M. and 10:00 P.M. on July 2, 3, 4, 9, 10, and 11. Council also received copies of a letter from G.R. Durenberger, General Chairman, Pro Patria Committee, requesting approval of the street closure in conjunction with the performances of the plan. It was moved by Mayor Nash, seconded by Councilman Heckscher and unanimously carried to approve the closure of Camino Capistrano between Yorba and Forster Streets as requested by the Historical Society. LOS RIOS STEERING COMMITTEE 1. RESIGNATION OF COMMITTEE MEMBER VILLEGAS (23) Council received copies of a report dated June 16, 1976, from the City Clerk forwarding a letter dated May 28, 1976, from Evelyne M. Villeg.�s submitting her resignation as a Member of the Los Rios Steering Committee. It was the consensus of the Council that the resignation be accepted and the Mayor authorized to direct a letter to Mrs. Villegas in appreciation of her community service as a member of the Committee. -14_ 6/16/76 2. RESIGNATION OF COMMITTEE MEMBLR-GIOLITO 205 (23) Council received copies of a report dated June 16, 1976, from the City Clerk forwarding a letter from Dorothy Giolito submitting hex- resignation as a Member of the Los. Rios Steering Committee. It was the consensus of the Council that the resignation be accepted and the Mayor authorized to direct a letter to Mrs. Giolito in appreciation of her community service as a member of the Committee. ORANGE COUNTY HEALTH PLANNING COUNCIL (59) Council received copies of a report dated May 26, 1976, from John C. Gibson, City representative to the Orange County Health Planning Council regarding the application for grant funds submitted to the Public Health Service by the Saddleback Coordinating Council. Council also received copies of a letter dated April 12th from Jack L. Stanfill, Director of the Coordinating Council, requesting that the City endorse their efforts in obtaining the grant. It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to endorse the application for grant funds, as requested by the Saddleback Area Coordinating Council. The City's appreciation is to be extended to Mr. Gibson for his report. RECESS AND RECONVENE Council recessed to an Executive purpose of discussing personnel at 11:10 P.M. APPOINTMENT OF CITY TREASURER Session at 10:55 P.M. for the and legal matters and reconvened (41) It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that John C. Gibson be appointed as City Treasurer effective June 16, 1976. The salary for the position is to be established at $100 per month and City health insurance benefits are to be extended to Mr.Gibson. ADJOURNMENT There being no fur:her business before the Council, the meeting was adjourned at 11:11 P.M. to the next meeting date of Monday, June 21, 1976, at 7:00 P.M. in the City Council Chamber for the purpose of discussing the proposed 5 -year City budget. Public comment on the proposed budget will be received at that time. Respectfully submitted, MARY ANHANOVER, CITY CLERK APPROVED; DUUGLAS BWFNASH, MAYOR -15- 6/16/76