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.
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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.
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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:
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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:
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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