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76-0721_CC_Minutes_Regular Meeting-235 JULY 21, 1976 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Nash at 7:15 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 0. Heckscher, Mayor pro tem Kenneth E. Friess, Councilman Richard D. McDowell, Councilman John B. Sweeney, Councilman ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Administrative Services; William D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell, Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Adjourned Regular Meeting of June 28, 1976: It was moved by Councilman Sweeney, seconded by Mayor Nash and unanimously carried that the Minutes of the Adjourned Regular Meeting of June 28, 1976, be approved as submitted. Adjourned Regular Meetingof June 29, 1976: It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Adjourned Regular Meeting of June 29, 1976, be approved as submitted. Adjourned Regular Meeting of June 30, 1976: I twas moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Adjourned Regular Meeting of June 30, 1976, be approved as submitted. Regular Meeting of July 7, 1976: It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried that the Minutes of the Regular Meeting of July 7, 1976, be approved as submitted. MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried that all ordinances be read by title only. BIDS, CONTRACTS, AGREEMENTS 1. AWARD OF CONTRACT FOR SANITARY SEWER. CONSTRUCTION, CC h�iIINO--CAPI STRR NOi 'Tu F RAILWAY PPELLO CONSTRUCTION CO.) (80) Council received copies of a report dated July 21, 1976, from the Director of Public works forwarding a capitulation of bids received on July 9, 1976, for the construction of a 12" sewerline along Camino Capistrano in the railway right-of-way, The Engineer's estimate of the project is $43,100. It was moved by Councilman Sweeney, seconded by Councilman -1- 7/21/76 i 1 McDowell and unanimn,_i4I ­.,rried to accept the low bid received from C:)por°" Construction Co. in the total amount of $42,2:3N ai}- reject all other bids received; the Mayor is ae ,;,e to execute the contract on behalf of the City and th. City Clerk authorized to attest thereto. PUBLIC HEARINGS 1. AMENDMENT TO THE PERSONNEL CLASSIFICATION PLAN (66) Council received copies of a report dated July 21, 1976) from ,he City Manager forwarding copies of a proposed Resolution amending the City's Classification and Salary Plan, as approved by Council during discussions of the 5 -year budget. The Resolution provides as follows: The Job Classifications to be added are Accountant, Administrative Services Officer, Administrative Aide I and II, Administrative Assistant, Secretary to the City Manager, Receptionist, Assistant City Engineer, Senior Planner, and Environmental Planner; the Job Classifications to be deleted are Administrative Aide, Administrative Secretary, and Civil Engineer; the positions to be reclassified are Administrative Aide, Administrative Secretary, Civil Engineer, and Treatment Plant Operations Supervisor. In response to an inquiry from Councilman Friess, the City Manager advised that the position of Administrative Aide I is a beginning administrative job which requires a great deal of supervision. Notice having been given as required by law, Mayor Nash declared the Public Hearing open on the proposed amendment to the Personnel Classification Plan and inquired if anyone in the audience wished to address the Council. There being no response, Mayor Nash declared the Public Hearing closed. It was moved by Councilman Sweeney and seconded by Councilman McDowell that the following Resolution, being: RESOLUTION NO, 76-7-21-1: AMENDMENT TO THE CITY'S CLASSIFICATION AND SALARY PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 72-1-19-1, THE CITY'S CLASSIFICATION AND SALARY PLAN be adopted. The motion carried by the following vote: AYES: Councilmen Friess, Heckscher,.McDowell, Sweeney and Mayor Nash NOES: None ABSENT: None 2. WEED ABATEMENT - CONFIRMATION OF 1976 CHARGES (74) Council received copies of a report dated July 21, 1976, from the Director of Public Works regarding charges for 1976 refusc and weed abatement. Copies of the individual assess- ments were also forwarded. Notice having been given as required by law, Mayor Nash declared the Public Hearing open and inquired if anyone in the audience wished to address the Council regarding abate- ment procedures or charges. There being no response, Mayor Nash declared the Public Hearing closed. -2- 7/21/76 2 It was moved by Councilman Heckscher and seconded by Council- man Sweeney that the following Resolution, being: RESOLUTION NO. 76-7-21-2: WEED ABATEMENT - A RESOLUTION OI' THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO be adopted. The motion carried by the following vote: AYES: Councilmen Friess, Heckscher, McDowell, Sweeney and Mayor Nash NOES: None ABSENT: None The Resolution adopts the cost report and orders the charges to be assessed to the individual properties for 1976 and directs that a copy of the report be sent to the County Assessor and Tax Collector for use in entering the assess- ments on the County tax rolls. 3. CONDITIONAL USE PERMIT 75-3 - APPEAL OF PLANNING COMMISSION DECISION (DELLOTA SWIM SCHOOL) (39) This item is continued from the Council meeting of June 16, 1976. Notice having been given as required by law, Mayor Nash declared the Public Hearing open on the Appeal of the Planning Commission decision with regard to Conditional Use Permit 75-3 submitted by Lawrence A. Dellota and inquired if anyone in the audience wished to address the Council. There being no response, Mayor Nash declared the Public Hearing closed. The Director of Planning and the City Attorney advised that Mr. Dellota has stated his wish to withdraw the Appeal and let the Planning Commission decision stand. Council concurred with the staff recommendation that the Appeal be withdrawn. ORAL COMMUNICATIONS 1. CAPISTRANO COMMUNITY AFFAIRS COUNCIL - STATEMENT OF CONCERNS (61) Marilyn Williams, Secretary, Capistrano Community Affairs Council, addressed the Council and presented copies of a State- ment of Concerns dated July 21, 1976. The Statement requests written response to their questions regarding the status of the proposed shopping center in Alto Capistrano, revenue from Federal highway funding, and agricultural preservation grants. Mrs. Williams requested that the City give top priority to conformance of the City's General Plan Circulation Element with the County Master Plan of Highways, that a requirement for a statement of economic cost/benefit be part of Environmental Impact Reports, and that the financial stability of the City be protected. 2. REQUEST FOR REIMBURSEI4ENT OF SPECIAL DISTRICT TAXES - MISSION BELL R NCH (86) Tim Ward, 33162 Via Mayor, addressed the Council to request reimbursement of Special District taxes to property owners in the Mission Bell Tract. The Capistrano Beach Sanitary District and Capistrano Bay Recreation and Park District were not detached from the properties in question when the Tract was annexed to the City. The City Manager advised that the Sanitary District has agreed to reimburse the taxes paid; the -3- 7/21/76 238 City will reimburse the Recreation District funds; the County has proposed that the City figure the amounts and disburse the funds. Air.'Mocalis advised that the Sanitary District had levied approximately $51 per home in annual taxes and the Recreation District approximately $6; it is hoped that the funds will be reimbursed in approximately 60 days. Joe St. Jean, Mission Bell Ranch, also addressed the Council and stated that 60 days is too long a period of time: he requested immediate action on the part of the City. Mayor Nash advised that the City is progressing as quickly as possible toward making the refunds and that specific determination of property ownership during the taxing periods must be made. Council members discussed possible methods of commencing disbursement of the funds in a propitious manner. Mayor Nash suggested that he and Mr. St. Jean serve as a Committee to monitor the reimbursements, and Air. St. Jean agreed to serve. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 307 AUTHORIZING REZONE 76-7 (MARSDEN (95) Council received copies of Ordinance No. 307, which was introduced at the Council meeting of June 16, 1976, and is ready for adoption. The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Sweeney and seconded by Councilman McDowell thatthe following Ordinance be adopted:' ORDINANCE NO. 307, REZONE 76-7 (MARSDEN) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO, 293 BY CHANGING THE ZONING OF 1.0+ ACRES FROM GM (GROWTH MANAGEMENT) TO CM (COMMERCIAL MANUFACTURING The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None RESOLUTIONS 1. TELEVISION COVERAGE OF ORANGE COUNTY ELECTIONS (40) Council received copies of a proposed Resolution urging more complete coverage of Orange County election issues by commercial television stations in the Los Angeles metropolitan area. It was moved by Councilman Sweeney and seconded by Councilman Heckscher that the following Resolution be adopted: RESOLUTION NO. 76-7-21-3, ELECTION TV COVERAGE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING THE INADEQUATE TELEVISION COVERAGE OF THE ORANGE COUNTY ELECTIONS -4- 7/21/76 The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None 2. STREET LIGHT ENERGY AND MAINTENANCE CHARGES FOR NEW DEVELOPMENT (53) Council received copies of a report dated July 21, 1976, from the Director of Public works forwarding copies of a proposed Resolution establishing charges for street light energy and maintenance, purusant to Ordinance No. 306. The fees are as follows: Lamp Size Single Double 27,000 lumen $ 90.00 $126.60 20,000 lumen $126.20 $187,50 It was moved by Councilman Heckscher and seconded by Councilman Sweeney that the following Resolution be adopted: RESOLUTION NO. 76-7-21-4, STREET -LIGHT ENERGY AND MAINTENANCE CHARGES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTAB- LISHING AN AMOUNT TO BE CHARGED FOR STREET LIGHT ENERGY AND MAINTENANCE The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None 3. ARTERIAL HIGHIVAY FINANCING PROGRAM - ANNUAL REQUALIFICATION (44) Council received copies of a report dated July 21, 1976, from the Director of Public works forwarding copies of a proposed Resolution requaiifying the City's participation in the.Orange County Arterial Highway Financing Program. Projects to be funded are Alipaz Street, Ortega Highway, and Camino Capistrano south of Del Obispo Street. The Resolution includes the statement that the Circulation Element of the City's General Plan does not conform to the County Master Plan of Streets and Highways, as set forth in the previous Resolution of requalification adopted on June 25, 1975, It was moved by Councilman Sweency and seconded by Councilman Heckscher that the following Resolution be adopted: hESOLUTION NO. 76-7-21-5, ARTERIAL HIGHWAY FINANCING PROGRAM - A RESOLUTION OF THE CI'T'Y COUNCIL OF THE CITY OF SC -JUAN CAPISTRANO, CALIFORNIA. REQUESTING ANNUAL REQUALIFICATION IN THE COUNTY'S ARTERIAL IIIGHWAY FINANCING PROGRAM The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess; Ileckscher and Mayor Nash NOES: None ABSENT: None -5- 7/21/76 - 4. COMMENDATION - SAN J",iu `,cAUTIFUL TREE PLANTING PROJECT (36) Council recalvr copies of a proposed Resolution commending San Juan !)- Liful, Inc., as directed at the meeting of July 'i 1�j76. Councilman Sweeney suggested that the word strategic" be replaced by "carefully selected" in the body of the Resolution. It was moved by Councilman Heckscher and seconded by Councilman Sweeney that the following Resolution be adopted: RESOLUTION NO, 76-7-21-6,- COMMENDING SAN JUAN BEAUTIFUL INC. - A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING SAN JUAN BEAUTIFUL, INC., FOR THE BICENTENNIAL TREE PLANTING PROGRAM Council Members and members of the audience acknowledged the efforts of Fran Frost, President of San Juan Beautiful, who coordinated the planting of 200 trees within the City, each representing one year of the nation's independence. The program was culminated on July 4, 1976, with the planting of the 200th tree in El Camino Real Park. 5. AUTHORIZING SIGNATURES ON CITY BANK ACCOUNTS (41) Council received copies of a proposed Resolution authorizing the Mayor, Mayor pro tem, and City Treasurer to sign checks on the City's bank accounts. It was moved by Councilman Sweeney and seconded by Mayor Nash that the following Resolution be adopted: RESOLUTION NO. 76-7-21-7, CITY BANK ACCOUNTS - AUTHORIZED SIGNATURES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING DEPOSIT ACCOUNTS WITH THE SAN JUAN CAPISTRANO BRANCHES OF BANK OF AMERICA, CALIFORNIA FIRST BANK, CAPISTRANO NATIONAL BANK, AND SECURITY PACIFIC NATIONAL BANK, AND AUTHORIZING SIGNATURES THEREFOR The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None 6. DELEGATING AUTHORITY TO INVEST CITY FUNDS (41) Council received copies of a proposed Resolution delegating authority for the investment of City funds to the City Treasurer, pursuant to Article 1, Chapter 4, Division 2, Title 5, of the Government Code. Councilman Heckscher noted his concern with the degree of discretion authorized where the Mayor's signature is not required for investment transactions. Mr. Heckscher suggested incorporating rules and mechanisms for investments, and setting forth the name of the person so authorized, in the body of the Resolution. It was the consensus of the Council that the Resolution.be returned for Council consideration at the meeting of August 4, 1976. -6- 7/21/76 7. PUBLIC OFFICIAL BONDS FOR CITY TREASURER AND CITY CLERK (49) Council received copies of a proposed Resolution fixing the amount of bonds for the Citv Treasurer and City Clerk, pursuant to Section 36518 of the California Government Code. The City Attorney has recommended the sum of $300,000.00 for each of the offices. Councilman Heckscher questioned whether the amount of the bonding was adequate, and the Director of Administrative Services advised that the amount of bonding would be included as an item for consideration in the Risk management Analysis which is included in the 1976-77 fiscal budget. It was moved by Councilman Sweeney and seconded by Councilman McDowell that the following Resolution be adopted: RESOLUTION NO. 76-7-21-8, CITY TREASURER AND CITY CLERK BOND - A RESOLUTION OF THE CITY COUNCIL OF THE IZ�T—OO'—SAN JUAN CAPISTRANO, CALIFORNIA, FIXING THE AMOUNT OF BOND TO BE EXECUTED BY THE CITY TREASURER AND CITY CLERK The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None 8. USE OF CITY COUNCIL CHAMBER BY OTHER AGENCIES AND ORGANIZATIONS (69) Council received copies of a report dated July 20, 1976, from the City Clerk forwarding a proposed Resolution authoriz- ing the City Clerk to coordinate and administer the use of the City Council Chamber by private citizen groups and other agencies. The provisions remain the same as those set forth in Resolution No. 73-3-12-6 except for the deletion of the' requirement that City Council approval be obtained in advance for such meetings. Mayor Nash inquired if there were any need for the $10 per hour charge for such use since there may be organizations which are unable to pay the fee. It was the consensus of the Council that no changes be made to the proposed Resolution at the present time; organizations have the option of requesting non -fee use of the Chamber from the City Council. It was moved by Councilman Sweeney and seconded by Councilman McDowell that the following Resolution be adopted: RESOLUTION NO. 76-7-21-9, USE OF CITY COUNCIL, CHAMBER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR TIIE USE OF THE CITY COUNCIL CHAMBER AND RESCINDING RESOLUTION NO. 73-3-12-6 The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and mayor Nash NOES: None ABSENT: None -7- 7/21/76 WRITTEN COMAIUNICATIONS 1. REQUEST FOIA Pi^",xED MEDIAN AT PASEO DE ELENA (FULLERTON (83) Council received copies of a letter dated July 2, 1976, from Stanley J. Fullerton, 31972 Paseo de Elena, requesting Council consideration of the installation of a planted median in the Paseo de Elena cul-de-sac within the Sun Ranch development. Mayor Nash directed that Air. Fullerton's letter be referred to the Traffic and Transportation Commission for a feasibility report and for the consideration of the possibility of install- ing planted medians in other areas of the City. 2. REQUEST FOR RECONSIDERATION OF GENERAL PLAN CONSISTENCY - PROPOSED PRUDENTI HOPPING CENTER IN TO CISTR NO MISBIN) (46) Council received copies of a letter dated July 8, 1976, from Morris Misbin, 34000 Via de Agua, representative of the owners of property at the northwest corner of Camino Las Ramblas at Via California, requesting that the Council make a specific finding that the proposed 14 -acre shopping center is consistent with the General Plan. Air. Misbin provided a position paper in support of said consistency. Air. Misbin addressed the Council to request that the matter be included with General Plan Amendment 76-2 as an urgency measure; he stated that a prospective investor's decision to purchase the property depends on the retention of the major tenants. Councilman Heckscher questioned the basis for consideration of the item as an urgency measure and noted his concerns that a larger shopping.center would draw business away from the down- town area of the City. Mayor Nash questioned the amount of staff time which would be diverted from other projects. Councilman Friess and Councilman Sweeney advised that they had not been satisfied with the previous designation of this particular property as a neighborhood shopping center (approximately 7 -acres in size) and.that they would be willing to consider a General Plan Amendment to allow a larger shopping center. It was moved by Councilman Sweeney and seconded by Councilman McDowell to consider adding Mr. Misbin's request to General Plan Amendment 76-2 as an urgency measure. .The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell and Friess NOES: Councilman Heckscher and Mayor Nash ABSENT: None 3. DIVISION OF LAND 76-4, REQUEST FOR RECONSIDERATION (ENGLISH) (85) Council received copies of a letter dated July 8, 1976, from Lawrence M. English, 26455 Calle Rio Vista, requesting reconsideration of the Conditions of Approval for Division of Land 76-4. It was the consensus of the Council that the request be referred to the Director of Planning for review. 4. REQUEST FOR CONSIDERATION OF LAND USE PLAN (GLENDALE FEDERAL) (85) Council received copies of a letter dated July 7, 1976, from -8- 7/21/76 243 Richard R. Rebal, Senior Vice President, Glendale Federal Savings, requesting an opportunity to present a land use plan for its holdings. Mayor Nash advised that a meeting is scheduled for July 23rd with Mr. Rebai, the Mayor, and City staff; and, if it is appropriate, the request will be placed on a Council Agenda at a later date. RECESS AND RECONVENE Council recessed at 8:43 P.M. and reconvened at 9:02 P.M. CONSENT CALENDAR It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the Consent Calendar items be approved as follows: 1. APPROVAL OF WARRANTS (41) The List of Demands dated July 21, 1976, Warrants Nos. 7541 through 7624, inclusive, in the total amount of $56,588.83, is approved as submitted. 2. REPORT OF PLANNING COMMISSION MEETING OF JULY 13, 1976 (68) The Report of actions taken by the Planning Commission at its regular meeting of July 13, 1976, is ordered received and filed. 3. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF JULY 6, 1976, INVENTORY OF HISTORIC PERSONS (23) Council received copies of the Report of actions taken by the Cultural Heritage Commission at its regular meeting of July 6, 1976; including'the adopted Inventory of Historic Persons. Council directed that the following names be reviewed by the Commission for possible inclusion in the Inventory of Historic Persons: Harold J.'Ambuehl and Robert McCollum. The Report was ordered received and filed with the correction to the error in Category II, Number 5, i.e., the names should be listed as Guy Williams, R.Y. Williams, W. B. Williams, and J. Roy Smith. 4. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JUNE 30, 1976 (41) The City Treasurer's Report of Investments for the period ending June 30, 1976, is ordered received and filed. 5. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF JUNE 30, 1976 (41) The City Treasurer's Report of delinquent 1911 Act Bonds as of June 30, 1976, was ordered received and filed. BDIVISIONS AND ANNEXATIONS 1. APPROVAL OF FINAL TRACT MAP 9184 (MALASPINA CORPORATION) (85) Council received copies of a report dated July 21, 1976, from the Director• of Public Works advising that Tract Map 9184 has been reviewed and found in conformance with the Subdivision ntap Act, that all required fees have been paid, Planning Commission Conditions of Approval have been met, and that Faithful, Performance, Labor and Materials, and Monumentation Bonds have been obtained by the developer. It was moved by Councilman Sweeney, seconded by Councilman Friess and unanimously carried to approve the Final Map fox, Tract No. 9184, determining that said map is consistent with the City's General Plan and in substantial compliance with the -9- 7/21/76 244 approved Tentative Map for s-�,) -�-act; and, to approve the Subdivision Agreement, tli�, A, .oement to Transfer Lot 11B,11 and the Irrevocable Orfv- o Convey Easement for equestrian purposes; the h1avc., i' authorized to sign the Agreements and acknowledge , of the Irrevocable Offer to Convey Ease- ment on of the City and the City Clerk to attest thereto. 2. AP1,1(OVAL OF PARCEL MAP FOR DIVISION OF LAND 76-5 (SHRLIYSBUR (85) Council received copies of a report dated July 21, 1976, from the Director of Public Works advising that the Parcel Map for Division of Land 76-5 has been -found acceptable; all plan check, drainage, and park and recreation fees have been paid; the sewer connection fee will be paid prior to obtaining a building permit; all Planning Commission Conditions of Approval have been met. Forwarded were copies of a Declaration of Restrictions regarding television antennas, an Agreement for future utility undergrounding, and an Agreement for future street improvements. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve the Parcel Map for Division of Land 76-5 determining that said map is consistent with the City's General Plan and in substantial compliance with the Tentative Map; approve the Agreements and authorize the Mayor to execute the Agreements on behalf of the C t3 and the City Clerk to attest thereto; receive the Declaration of Restrictions; and, authorize staff to make the necessary certifications on the original parcel map and forward the map and other documents to the Orange County Recorder for recordation. ADMINISTRATIVE ITEMS - DIRECTOR OF PLANNING. 1. PROPOSED WITHDRAWAL OF McCRACKEN HILL DEVELOPMENT FROM GENERAL PLAN AMENDMENT 76-2 (46) Council received copies of a report dated July 21, 1976, from the Director of Planning advising that the petitioners for a change in density for General Plan Amendment 76-2A (McCracken Hill) have not responded to attempts to arrange for preparation of the required environmental impact report. Public Hearings are scheduled for August 20th; and, there not being sufficient time for preparation and review of an EIR, staff is requesting that item 76-2A be removed from the Amendment. Councilman Sweeney advised that he would abstain from any discussion of this matter due to his interest in the property. It was moved by Councilman Heckscher that the item be withdrawn from the General Plan Amendment. The motion failed for lack of a second. Councilman Friess stated that in his opinion this property was not given sufficient consideration during the General Plan process and advised that he would support City funding of an environmental impact report. Mayor Nash advised that if an EIR is required, he would support the City either conducting the EIR or causing it to be done. It was the consensus of the Council that the City obtain cost estimates for completion of an EIR. The Director of Planning advised that the requirement for ail EIR was based on a specific request to increase the,density oil the property and that Council may wish to considor appropriate densities for the property and then refer the matter to the Planning Commission for report. -10- 7/21/76 2 4 5 Councilman Friess advised that a partial EIR on the area to be subdivided has been completed and that the additional data needed refers to archeological, vegetation, and wildlife considerations. it was moved by Councilman McDowell and seconded by Councilman Friess to include the McCracken Hill property with General Plan Amendment 76-3 and that the City not fund an Environmental impact Report. The motion carried by the following vote: AYES: Councilmen McDowell, Friess, and Mayor Nash NOES: Councilman Heckscher ABSTAIN: Councilman Sweeney ABSENT: None DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. CALLE ASPERO STREET IMPROVEMENTS (83) Council received copies of a report dated July 21, 1976, from the Director of Public Works providing the results of a mailing to property owners in the Meissner Tract to determine the percentage of property owners in favor of formation of an assessment district to provide street improvements to Calle Aspero. It was moved by Councilman Heekscher and seconded by Mayor Nash that the Director of Public Works be directed to cause the improvements to Calle Aspero to be completed at City expense. The motion carried by the following vote: AYES: Councilmen Sweeney, Friess, Heckscher, and Mayor Nash NOES: CounA�ilman McDowell ABSENT: None In response to an inquiry from Councilman McDowell regarding budgeting of the project, the Director of Public Works advised that an amendment to the Capital outlay budget would be submitted for Council approval in conjunction with the project plans and specifications. Cost of the improvements is estimated at $33,000. 2. SERRA BUDGETS - OPERATION AND MAINTENANCE OF THE OCEAN OUTFALL (79) Council received copies of a report dated July 21, 1976, from the Director of Public Works, requesting authorization for the expenditure of funds for the City's share of the General Fund and Project Committee No. 3 budgets of the SERRA Ocean Outfall. It was moved by Councilman Heckscher, seconded by Councilman McDow�211 and unanimously carried to approve the SERRA General Fund budget in the amount of $12,900 and to authorize payment of the City's share of $2,500; and, to approve the Project Committee No. 3 budget in the amount of $30,000 and authorize the payment of -the City's share of $5,253. PLANNING COMMISSION 1. SIGN ABATEMENT - APPEAL OF PLANNING COMMISSION DECISION (BANK OF AMERICA) (25) Council received copies of a report dated July 21, 1976, from _11- 7/21/76 (A I ;:AO the Director of Plariiii) providing background information with regard to th� :Iijpeal by Bank of America of the Planning Commission acti,-!� of June 22, 1976. The Commission granted a final timo .Lension to August 9, 1976, for the abatement of the, i.c­ ;onforming pole sign located at 31872 Camino � ano. Council also received copies of a letter dated June 23, 1976, from Kenneth H. Wechsler, Senior Counsel, Bank of America, setting forth the basis for the appeal. At the onset of the meeting, Council also received copies of a letter dated July 21, 1976, from Mr. Wechsler petitioning the Council to overrule the decision of the Planning Commission and to grant the grandfather clause exemption under Paragraph F.2 or 3 of Ordinance No. 293, the Land Use Management Code. Council also received copies of a letter dated July 21, 1976, from Thomas A. Forster, 31312 Guadalupe, in support of Bank of America's appeal. Mr. Weschler addressed the Council and added the following: (1) Under the Land Use Management Code, any sign legally erected prior to that Code need not be abated; and, (2) The action at the Planning Commission hearing was that the sign was to be abated as of August 9th; should Council take action that Bank of America is not entitled to an exemption, he requests consideration of the granting of an extension of time. Mr. Weschler further requested that the Council reverse the decision of the Planning Commission. Mr. James Buckley, Vice President, Continental Service Company, a subsidiary of Bank of America, addressed the Council to request an opportunity to meet with the Planning Commission and City staff in order to arrive at a compromise on a replacement sign since it is arbitrary for the Bank to be required to remove the existing sign without consideration for a new sign. Mr. Buckley also stated that he wished to officially withdraw the small monument sign from submission (That sign was sub- mitted to the Architectural Board of Review on March 9, 1976.). He then stated that'the existing sign is 32 feet high and 109 square feet in size and proposed that agreement be reached that all of those dimensions be cut in half; Mr. Buckley stated that he had a drawing prepared which would accomplish that purpose and requested that the August 9th date of removal be left open so that there would be an opportunity to submit the newly -proposed sign, Mr. Buckley stated his further concern with coordination of approval of a new sign with the removal of the existing sign. Mayor Nash advised that the matter before the Council is an appeal of the Planning Commission decision; however, the . . applicant is requesting consideration of other aspects of the problem. Councilman Heckscher stated he would prefer that the abatement date remain as August 9th and that after that date if Council determines the applicant is acting expeditiously and in good faith to submit a favorable sign, he would not support any proposed Council action directing the City Attorney to proceed against the applicant for failure to comply with the abatement date. It was moved by Councilman Friess and seconded by Councilman Heckscher to determine that the existing Bank of America sign is an illegal si.-n in accordance with the Land Use Management Code and ' that the action of the Planning Commission be upheld. The motion carried by the following vote: -12- 7/21/76 247 AYES: Councilmen Sweeney, Friess, Heekscher and Mayor Nash NOES: Councilman McDowell ABSENT: None 2. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT 75-4 PRUDENTIAL SHOPPING CENTER IN ALTO CAPISTRITO- (46) Council received copies of a report dated July 21, 1976, from thw Director of Planning recommending that Council accept the Environmental Impact Report 75-4 stipulating that the EIR has been prepared and reviewed for informational purposes only and that its acceptance is not to be construed as City concurrence with all data provided within it, or as City approval of the project. The Director of Planning suggested that in view of Council action earlier in the evening in adding the proposed shopping center to General Plan Amendment 76-2 as an urgency measure, it may be appropriate to refer the matter back to the Environmental Review Board for additional comment and for certification of adequacy through the General Plan process. Mr. Merrell requested Council comment. Councilman Friess noted that more economic information is required with regard to impact on the downtown commercial area of the City and on Capistrano Beach; more detail is needed on the view analysis. Mayor Nash concurred that more economic data is required and noted that attention should be given to costs to the City. With regard to the view analysis, Mr. Nash noted that there is no mention of the impact on trees and vegetation or the impact of the general landscaping requirements. Councilman Heckscher suggested that the EIR should address other configurations of land than flat grading, and that consideration should be given to cluster layout, sewer lines, etc. PERSONNEL - INTRODUCTION OF WILLIAM HART (66) The City Manager introduced William Hart, Administrative Aide, who is working for the City as a full-time employee for a 6 -month period of time. Mr. Hart will be refining the City's recently adopted 5 -year budget in conjunction with his Master's Degree training. COUNCIL REMARKS 1. REQUEST FOR FUNDS - LAGUNA POETS (76) Councilman Heckscher requested that the letter dated July 18, 1976, from Dr. Gene Atherton for the Laguna Poets, be referred to the Cultural Heritage Commission for report on their request for funds. 2. PERSONNEL - EMPLOYEE BENEFITS (66) Councilman Heckscher suggested that consideration be given to stock option plans during future employee benefit negotiations. 3. ADDITIONS TO "TO DO LIST" (32) Councilman Sweeney suggested that the following items be added to the "To Do List" of assignments: (1) Relocation of the Capistrano Airport; and (2) Payroll Burden and Retirement System. -13- 7/21/76 4. RE -ACTIVATION OF THE COMMUNITY CENTER COMMITTEE (23) Councilman Sweeney suggested that the Community Center Committee be re -activated and that consideration be given to utilizing the Williams Gym school facility on Camino Capistrano. Council- man Friess advised that the School District has called for bids for the demolition of the gym and suggested that the City write to the School District requesting that demolition be withheld pending City study of possible acquisition of the site. Mayor Nash directed that the Community Center Committee be re -activated, and the Mayor r(E�-affirmed Councilman Sweeney as its Chairman; a letter is to be written to the CUSD regarding the building demolition. 5. CONSIDERATION OF DE -ANNEXATION OF PROPERTY ADJACENT TO - SAN CLEMENTE - KING DEVELOPMENT (21) Councilman Sweeney suggested that it may be appropriate to discuss de -annexation of the property adjacent to the San Clemente City boundary in the vicinity of Calle Andalucia and Calle Manzano known as the Chuck King Development, due to the fact that future residents of the area would be using San Clemente streets for access. 6. REFUSE ALONG ORTEGA HIGHWAY (45) Councilman Sweeney noted that complaints have been received with regard to trash and litter along the Ortega Highway since the opening of the Prima Deshecha landfill by the County and requested that corrective action be taken. Councilman Friess suggested that the matter be brought to the attention of the appropriate County agency. Mr. Friess also suggested the use of high school students during weekends to pick up trash. The City Manager advised that the County Environmental Manage-, ment Agency would be contacted about the trash. 7. LAND USE - FERTILIZER PLANT OPERATION AT SAN JUAN CREEK ROAD (46) Mayor Nash requested that the City Manager prepare a report on the appropriateness of the land use with regard to the fertilizer plant operation currently in existence along San Juan Creek Road 8. REVIEW OF SET -BACK REQUIREMENTS FOR INDUSTRIAL BUILDINGS (46) Mayor Nash requested that the Planning Director review set -back requirements for industrial buildings and report back as time permits, with consideration to be given to additional set -back distance between main thoroughfares and buildings. COMMISSIONS, BOARDS, COMMITTEES 1. APPOINTMENT OF PARK AND RECREATION COMMISSIONER (62) It was moved by Mayor Nash, seconded by Councilman Friess and unanimously carried that Mr. Joe Quintana, 27965 Calle San Remo, be appointed to fill the existing vacancy on the Park and Recreation Commission. 2. UNITED NATIONS DAY CHAIRMAN (23) Mayor Nash requested that persons interested in serving as the United Nations Day Chairman for 1976 contact the City offices. RECESS AND RECONVENE Council recessed to Executive Session at 10:37 P.M. to discuss legal and personnel matters, and reconvened at 11:26 P.M. -14- 7/21/76 Z (a 49 COUNCIL ACTIONS: MISSION HIL�S A��I, INC., VS. CITY, ET AL. - r RYFE_,VPION (5 , A go�l TE COUNSEL (035) It was moved by Councilman McDowell, seconded by Councilman Heckscher and unanimously carried to authorize the expenditure of funds necessary for the retention of associate legal counsel to represent the City with regard to the Complaint filed in re Mission Hills Ranch, Inc., vs. City of San Juan Capistrano, et al., Case No. 76-2111. The Complaint was filed in the United States District Court, Central District, on July 2, 1976. It was moved by Councilman Heckscher, seconded by Councilman McDowell and unanimously carried that the City provide for the defense of all named individuals in the lawsuit. 2. PERSONNEL - APPROVAL OF MEMORANDUM OF UNDERSTANDING (66) It was moved by Councilman McDowell, seconded by Councilman Heckscher and unanimously carried to approve the Memorandum of Understanding dated July 20, 1976, between the City and the San Juan Capistrano City Employees Association. The Memorandum of Understanding is effective for the period July 1, 1976, to June 30, 1977, and includes the following: salary increases of 2.4%; 3 weeks vacation leave after 3 years service; medical -dental plan; and, provisions for clean uniforms, a 4/10 hour work week where feasible, deferred compensation plan, training, and amendments to the Personnel Rules. The agreed-upon benefits constitute a total of 6.2% in salary and fringe benefit increases. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:30 P.M, to the next regular meeting date of Wednesday, August 4, 197G, at 7:00 P.M. in the City Council Chamber. APPROVED-. DOUGLAS A*F'NA6H, MAYOR Respectfully submitted, MARY A!�/HANOVER, CITY CLERK -15- 7/21/76