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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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(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:
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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.
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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.
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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
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