76-0804_CC_Minutes_Regular MeetingUNOFFICIAL UNTIL APPROVED BY COUNCIL
AUGUST 4, 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
7:07 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance �o the Flag. Invocation was given by Councilman
Richard D. McDowell.
ROLL CALL PRESENT: Douglas B. Nash, Mayor
Yvon 0. Heckscher, Mayor pro tem
Councilman Kenneth E. Friess
Councilman Richard D. McDowell
Councilman John B. Sweeney
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; 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.
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.
BICENTENNIAL CELEBRATION
SLIDE PRESENTNrION OF FREEDOM TRAIN VISIT
(23) Marcella Lange gave a brief background description of the Leisure
World "Spirit of '7611 Camera Club and their efforts in compiling the
slides of the visit of the American Freedom Train while it was in
San Juan Capistrano in January of 1976. Mrs. Lange introduced
Arthur Kemp and Mel Spencer, who then proceeded with the presentation
for the benefit of the City Council, staff, and members of the
audience. The color slides were presented in story form with narra-
tion given by Mr. Spencer.
Mayor Nash and members of the Council expressed their appreciation
to the members of the Camera Club. Mr. 1�emp stated they would be
glad to show the slides to school groups. Councilman Sweeney
suggested that a copy of the presentation be made for the benefit
of the American Revolution Bicentennial Administration, Washington, D.C.
BIDS, CONTRACTS1 AGREEMENTS
1. ARTERIAL HIGHWAY FINANCING PROGRAM NO. 674,
TV CONTRACT
ALIPAI STREET f`MP1J_0__V_E_MENTS - WAR 0
(83) Council received copies of a report dated August 4, 1976, from
the Director of Public Works forwarding a tabulation of bids
received on July 23, 1976, for AHFP #684. The project consists
of improvements to Alipaz Street from Camino del Avion to
1800 feet northerly, including construction of a major storm
drain facility.
The Engineer's estimate of the construction cost is $403,820.
including right-of-way acquisition and professional services�
the total project cost is estimated at $510,900. The City's
share will be approximately $163,000; County agencies will
provide the remainder of the funds.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and 1.1,1,1114MOUSly carried to award the contract for
I
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251
the Alipaz Street Improvement and Storm Drain Project to the
low bidder, Fleming Construction Company of Cerritos, California,
in the total amount of $357,327, and to reject all other bids
received. The Mayor is authorized to execute the contract on
behalf of the City and the City Clerk to attest thereto.
Construction of the 120 -day project will commence in late
August.
2. RENEWAL OF HEALTH SERVICES AGREEMENT
(COUNTY OF ORANGE)
(59) Council received copies of a report dated August 4, 1976, from
the Director of Public Works forwarding a proposed Health
Services Agreement between the City and the County of orange
for the period September 1, 1976, to June 30, 1981. The
services covered are listed in Exhibits A and B of the Agreement.
It was moved by Councilman Sweeney,se-conded by Councilman
Heckscher and unanimously carried to approve the Agreement for
City -County Health Services, to authorize the Mayor to execute
the Agreement on behalf of the City and the City Clerk to
attest thereto.
3. TRABUCO CREEK BIKE TRAIL STORM DRAIN - BUDGET -TRANSFER AND
AWARD OF CONTRACT (D.W. CONTRACTING CO.)
(80) Council received copies of a report dated August 4, 1976, from
the Director of Public Works forwarding a tabulation of bids
received on July 22, 1976, for the construction of the Trabuco
Creek Bike Trail Drain. The bike trail crosses Trabuco Creek
at creekbed level, and the construction of the storm drain is
proposed in order to alleviate annual maintenance of the trail
and to provide a better year-round use for the cyclist.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution, being:
RESOLUTION NO. 76-8-4-1, AMENDING THE BUDGET FOR
1Q7A_77 VTCZ('AT. VPAP (TPAPUrn rPPP.V PTYP TPATT. np
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE BUDGET FOR
1916-77 FISCAL YEAR
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
The Resolution provides for the transfer of $5,000 from the
General Fund Bicycle Trails Budget to the Trabuco Creek Bike
Trail.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney and unanimously carried to award the contract for the
construction of the Trabuco Creek Bike Trail Drain to the low
bidder, D. W. Contracting Company of Laguna Beach, California,
in the amount of $4,275 and to reject all other bids received.
The Mayor is authorized to execute the contract on behalf of
the City and the City Clerk to attest thereto.
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4. PUBLIC WORKS VEHICLES - APPROVAL OF SPECIFICATIONS
FOR FOUR 1/2 -TON PICK-UP TRUCKS
(74) Council received copies of a report dated August 4, 1976, from
the Director of Administrative Sevvices forwarding specifica-
tions for four 1/2 -ton pick-up trucks, as set forth in the
5 -year budget. The trucks are proposed for use at the
Treatment Plant (1); for Park and Parkway Maintenance (1); and,
in the*Engineering Division (2).
It was moved by Councilman McDowell, seconded by Councilman
Heckscher and unanimously carried to approve the specifications
as submitted and to authorize the Director of Administrative
Services to call for bids for four 1/2 -ton pick-up trucks.
Councilman Sweeney requested receipt of a needs priority of
1 through 4 for the proposed trucks, along with a description
of the existing vehicles. Mayor Nash suggested that a table
be prepared showing which vehicles are be T
ing replaced, their
model year, mileage, etc. for receipt prior to award of bid.
ORAL COMMUNICATIONS
1. PRESENTATION OF CITY PROGRAMS
(36) David J. Smith, 26485 Calle San Luis, adrressed the Council
and made a slide presentation of programs accomplished by the
City, including the General Plan, tree planting, recreation,
and support of community activities and commended the Council.
2. RELEASE OF BONDS, TRACT 7626 (LEADERSHIP HOUSING
(85) Mr. D. Staudenbauer, Sun Hollow Homeowners Association, addressed
the Council in opposition to the proposed release of bonds for
Leadership Tract No. 7626, which appears later on the Agenda.
Mr. Staudenbauer cited a letter dated July 28, 1976, directed
to the Planning Department. The Director of Public Works
advised that the problems in Sun Hollow have to do with public
improvements in private streets, which are not items covered
by the bonds in question.
It was t -he consensus of the Council that consideration of the
release of bonds for Tract 7626 be held to the meeting of
August 18, 1976, to allow time to investigate the matter.
RESOLUTIONS
1. INVESTMENT OF CITY FUNDS
(41) Council received copies of a proposed resolution delegating
the authority to invest and reinvest surplus funds to the City
Treasurer, pursuant to Government Code Section 53607.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that Resolution No. 76-8-4-2, being:
INVESTMENT OF CITY FUNDS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DELEGATING AUTHORITY TO INVEST OR REINVEST FUNDS OF
THE CITY TO THE CITY TREASURER
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher
and Mayor Nash
NOES: None
ABSENT: None
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253
2. 1976-77 CITY TAX RATE
(86) Council received copies of a report dated August 4, 1976,
from the Director of Administrative Services forwarding copies
of a_proposed Resolution establishing the City tax rate for
1976 77 at $1.03 per $100 of assessed valuation, which would
represent a $0.03 reduction from the previous year.
Council also received copies of a supplemental report forwarding
additioral information regarding tax rates and advising that
the City's net taxable assessed value has been established by
the Orange County Assessor at $68,636,935. The budget pro-
jections for 1976-77 were based on an estimated assessed
valuation of $65,000,000, and a General Fund tax rate of
90� and a Bond Redemption and Interest Fund tax rate of 13�.
It was the consensus of the Council to support a reduction
in the City tax rate. Councilman Sweeney suggested that
consideration be given to tax rates of 87�, 88�, and 89�, and
elimination of budget items in order to accomplish those levels.
Councilman Friess requested that information be provided on
the impact of an 80� tax rate prior to taking action, and
noted the substantial rise in assessed valuations which will
in itself generate additional tax monies. Councilman Heckscher
noted the number of unfunded items in the recently -adopted
5 -year budget and stated he would support a total rate of 99�.
It was moved by ' -ouncilman Sweeney and seconded by Councilman
Heckscher that the following Resolution, being:
RESOLUTION NO. 76-8-4-3, SETTING CITY TAX RATE -
A RESOLUTION OF THE CITY COUNCILOY THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING AND
IMPOSING THE AD VALOREM TAX RATE FOR FISCAL YEAR
1976-77 AT NINETY-NINE CENTS ($0.99) PER ONE
HUNDRED DOLLARS ($100.00) OF ASSESSED VALUATION
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Heckscher, and
Mayor Nash
NOES: Councilman Friess
ABSENT: None
Mayor Nash requested that Council be provided with an evaluation
of the implications of the adopted tax rate, including adjust-
ments to the budget with regard to the list of capital project
items which are unfunded.
3. CITY BANK ACCOUNTS - AUTHORIZED SIGNATURES
(41) Council received copies of a proposed Resolution revising
Resolution No. 76-7-21-1 in order to provide for facsimile
signatures on City bank accounts.
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that the following Resolution, being:
RESOLUTION NO. 76-8-4-4, CITY BANK ACCOUNTS, AUTHORIZED
SI GNATURRS-7-N—RESOLUT ION OF THE CITY COUNCIL OF THE CITY
OF SAN j—uT,,N CAPISTRANO, CALIFORNIA, ESTABLISHING DEPOSIT
ACCOUNTS WITH THE SAN JUAN CAPISTRANO BRANCUT-` o6' 13ANK
OF AMERICA, CALIFORNIA FIRST BANK, CAPIS".,jiN�(,) NATIONAL
BANK, AND SECURITY PACIFIC NATIONAL AND AUTHORIZING
SIGNATURES THEREPOR
be adopted. The motion carri-1 !- che following vote: .-
-4- 8/4/76
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher
and Mayor Nash
NOES: None
ABSENT: None
4. COMMENDATIONS - EDWARD L. VALLAVANTI
(36) Council received copies of a prop9sed Resolution commending
Edward L. Vallavanti, Treatment Plant Operations Supervisor,
who has submitted his resignation after ten years of service
Mayor Nash read the Resolution in full.
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that the following Resolution, being:
RESOLUTION NO. 76-8-4-5, COMMENDING EDWARD L.
VALLAVANTI - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
COMMENDING EDWARD L. VALLAVANTI FOR TEN YEARS
OF SERVICE
be adopted. The motion carried by the following vote;
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher
. and Mayor Nash
NOES: None
ABSENT: None
WRITTEN COMMUNICATIONS
1. PROPOSED SUBSIDY FOR SERVICE TO SENIOR CITIZENS
(CAPISTRANO CAB CO.)
(88) Council received copies of a letter from Capistrano Cab Co.,
24745 Camarillo Street, Dana Point, requesting that the City
subsidize a discount fare system for senior citizens.
Councilman Friess suggested that the letter be referred
to the Orange County Transit District since the Districtis
in the process.of replacing its Dial -a -Ride service with
taxicabs.
It was the consensus of the Council that the letter be referred
to staff, and the Mayor so directed. If further action is
contemplated, the matter will be placed on a future Council
Agenda.
2. GENERAL PLAN AMENDMENT 76-2
REQUEST FOR TI-051FICATION TI—VILLIAMS)
(46) Council received copies of a letter dated July 23, 1976, from
William R. Williams, P.O. Box 297, requesting modification of
his request of March 30, 1976, for a change of designation for
- General Plan Amendment 76-2.
It was the consensus of the Council that the letter be received
and filed, and the Mayor so directed.
CONSENT CALENDAR
Council discussed each of the Consent Calendar items as follows:
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255
1. PROVISIONS FOR GROWTH MANAGEMENT PHASING
(28) Due to tentative tract items set forth in the Report of
Planning Commission Actions of july 27, 1976, which include
the phrase "including a provision for growth management
phasing," and the scheduling of Public Hearings for 4
re -zones listed on the Consent Calendar, Council requested
clarification of what the phrase entails.
The Director of Planning advised that a phasing to the growth
management program is intended in order to allow some control
over the number of housing units that are placed on the market
in any given year and to accommodate the fact that the City
does not now have growth control ordinances. Conditions would
be included with tract maps that developers enter into specific
agreements on numbers of units to be constructed prior to
recordation of final tract maps. Councilman Heckscher questioned
the validity of this type of agreement.
Mayor Nash noted his concerns with continuing to approve
numbers of units prior to adopting an agricultural preserva-
tion program which may or may not include provisions for
payment of per unit agriculture fees. The City Attorney
advised that it would be necessary to adopt an ordinance to
require payment of such fees. Mayor Nash stated that the
ordinance should be drafted immediately based on information
available from studies already accomplished by consultants.
Councilman Sweeney stated he would not be in favor of imposing
an agricultural preservation fee on new subdivision developments
until there is a clear statement of purpose of use for the funds
so derived.
With regard to the scheduling of a Public Hearing on the request
for Rezone 76-5 submitted by Patrick Development Company, the
Director of Planning advised that the concurrence of the
applicant would be required to set the bearing beyond the date
of August 18th. Mr. Merrell recommended that the hearing date
be set and that he report back to Council on discussions with
the applicant.
Mayor Nash stated that he would prefer to delay consideration
of any projects, rezones, or tentative maps and suggested that
Council await further information from the Planning Director
on growth management plans and the rationale for growth phasing
before public hearing dates are set. The City Manager suggested
the matter be reconsidered after the recess.
2. RELEASE OF BONDS, TRACT 7626 (LEADERSHIP HOUSING)
(85) This item was discussed earlier under the "Oral Communications"
portion of the Agenda.
Council continued their discussion of whether holding the bonds
in question would be of assistance in resolving homeowner
complaints.
With the consensus of the Council, Mayor Nash directed that
this matter be held until the meeting of August 18, 1976.
3. APPROVAL OF WARRANTS
(41) Councilman Sweeney requested an estimate of the City's monthly
telephone bills; Councilman Friess requested clarification Qf
Warrant No. 7642.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the List of Demands dated
August 4, 1976, Warrants Nos. 7625 through 7684, i"clusivo,
and 1911 Act Account Warrants 0182, 0183 and '_�4, in the
total. amount of $11.6,867.37, be approved z3 :-,ubmitted.
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4. REPORT OF PLANNING COMMISSION MEETING OF JULY 27, 1976
(67) It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the Report of Planning
Commission Actions of July 27, 1976, be accepted as submitted.
RECESS AND RECONVENE
Council recessed at 8:50 P.M. and reconvened at 9:08 P.M.
5. RE�,UE
L,9(j!42jj ZONE CHANGES SETTING OF PUBLIC HEARING DATES
. 7�� - iq -9 1. -
_9 P T R I Cf,� f ACRES) RZ 76 (MA1TRVR/NF1VCnMR R�'l ACRES)
-9 (MAUKER/UAWARV: J13 AUREb)� KZ tt3-1U (A1AUHEH/JQHDAN*
(95) Council received copies of 2 reports dated August 4, 1976,
from the Director of Planning regarding the setting of Public
Hearing Dates for zone change applications reviewed by the
Planning Commission.
The City -Manager advised that the correct procedure would be
to proceed with the hearing dates, since if the Council does
not act on the tentative tracts by the times established, the
zone changes would be automatically approved as submitted by
the applicants.
The Director of Planning advised that the same conditions
would apply to the setting of hearing dates for the Maurer
Developments as for the Patrick Development discussed earlier,
i.e., if Council wishes to set the hearing dates beyond the
date agreed to by the applicant, the consent of the applicant
would be required. Mr. Merrell further clarified that the
hearing dates had been staggered in order to accommodate the
applicants and the City Council by limiting the number of
subdivisions to be considered at one Council meeting. Further-
more, the applicant will be requested to submit written
approval for continuances of these hearings.
It was moved by Councilman Heckscher, seconded by Councilman
McDowell and unanimously carried to set public hearings for
consideration of the following rezone applications at 7:00 P.M.
in the City Council Chamber on the dates designated below:
a.
Rezone
76-5
(Patrick)
August 18,
1976
b.
Rezone
76-8
(Maurer/Newcomb)
September
1, 1976
c.
Rezone
76-9
(Maurer/Caward)
September
1, 1976
d.
Rezone
76710
(Maurer/Jordan)
September
1, 1976
SUBDIVISIONS AND ANNEXATIONS
1. APPROVAL OF PARCEL MAP FOR DIVISION OF LAND 76-10 (HERNANDEZ)
(85) Council received copies of a report dated August 4, 1976, from
the Director of Public Works advising that the Parcel Map for
Division of Land 76-10 has been reviewed and found acceptable
for recordation. 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; a Declaration
of Restrictions with regard to television antennaes has been
signed by the property owners, Lorenzo and Roberta Hernandez;
all Planning Cotmaission conditions of approval have been met.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the Parcel Map for
Division of Land 76-10 (Hernandez) determining that said map
is consistent with the City's General Plan and in substantial
compliance with the approved Tentative Map, to receive the
Declaration of Restrictions, authorize staff to make the
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257 -
necessary certifications on the original parcel map and
forward the map and Declaration of Restrictions to the
County of Orange for recordation.
NISTRATIVE ITEMS:
DIRECTOR OF ADMINISTRATIVE SERVICES
1. 1976-77 FISCAL BUDGET AMENDMENTS -
COMMUNITY GROUP FUNDING REQUEST6
(24) Council received copies of a report dated August 4, 1976,
from the Director of Administrative Services forwarding
requests received from the Chamber of Commerce, San Juan
Capistrano Historical Society, and the Community Counseling
Center for funding assistance during fiscal year 1976-77.
Mr. O'Sullivan gave a summary of the requests received and
recommended that the groups be forewarned that the 5 -year
budget projections show that the City will not be able to
increase its contributions; and, it is likely that by 1979-80
the City will not be able to make contributions of this
nature. It is also recommended that in conjunction with the
funding requests for 1977-78, each group be directed to
submit a projection setting forth the elimination of reliance
on City funds by the 1979-80 fiscal year.
Council also received copies of
for an amendment to the 1976-77
funding requests'
a proposed Resolution providing
fiscal budget to accommodate the
Councilman Sweeney suggested that the words "Community
Promotion" be changed to "Community Service" in the body of
the proposed Resolution to more accurately reflect the types
of community groups being funded.
In response to inquiries from Councilman Heekscher, Mr.
O'Sullivan indicated that approximately 707o of the Community
Counseling Center clients are residents of the City; Larry
Flores, Coordinator of the Center, advised that the area
served includes San Clemente, Capistrano Beach, Dana Point,
Laguna Niguel, and San Juan Capistrano. Attempts are being made
to acquire funds from the other cities, the School District,
College District, and private sources.
In response to a question from
advised that the Center is also
the Indian Council.
Councilman Sweeney, Mr. Flores
working in cooperation with
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the following Resolution, being:
76-8-4-6
.LZ7 ( U-1 I kuumlut)iN I I X 0 hit V I Lr,) - A nrouiu I iuiN ur I IM
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE BUDGET FOR 1976-77 FISCAL
YEAR
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
am
8/4/76
The Resolution provides for the following level of funding
during 1976-77:
Chamber of Commerce. $14,000
Historical Society 7P600
Community Counseling Center 20,000
Public Works Labor 7)000
Fiesta and Miscellaneous 1,400
Total $50,000
It was r�c)ved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to direct staff to request
each of the above-mentioned community groups to provide the
City with 5 -year budget projections which include the possi-
bility of phasing out of City funds.
Councilman Heckscher stated for the record that be is not in
favor of eliminating City funding of the above groups.
DIRECTOR OF PLANNING
1. INITIATION OF GENERAL PLAN AMENDMENT 76-3
(46) Council received copies of a report dated August 4, 1976,
from the Director of Planning setting forth a description
of items requested for inclusion in General Plan Amendment
76-3, pursuant to Ordinance No. 293, the Land Use Management
Code. The items are as follows:
(1) McCracken Hill - a request for reduction in maximum
residential density Trom 2 units per acre to 1 unit
per acre on 35 acres of land located cast of Interstate
5 above Valle Road, as directed by Council on July 21,
1976. Cost estimates for preparation of an Environmental
Impact Report have been requested. Staff recommends
that the item be included in General Plan Amendment 76-3.
(2)
gltL,r�l Preservation - a change in land use desig-
n �n tE e composite Land Use map and amendments to
Elements of the General Plan to designate the lands to
be preserved, describe preservation measures, and address
economic and equity considerations, as directed by the
City Council on May 5, 1976. Staff recommends the item
be included in General Plan Amendment 76-3.
(3) Kendall -Brief - a request for a change in land use
designation for 47 acres of land located immediately
west of the Sunhollow development between the Ortega
Highway and San Juan Creek. The applicant has obtained
permission from the 10 adjacent property owners to
request consideration for a change in the existing Public
Institutional land use designation. The entire undeveloped
area consists of approximately 110 acres. Staff recommends
that the item be included in General Plan Amendment 76-3
to allow the Planning Commission to consider the most
appropriate land uses for the area and forward its
recommendation to the City Council.
(4) Zweben - a request for a change in land use designation
from residential, maximum :5 units per acre to Quasi -
Industrial for approximately 1.5 acres of land located
on Valle Road south of Yates Volkswagen. Since there is
presently no Quasi -Industrial designation on the surround-
ing properties and -,in "island" desirnation would result,
Staff recommends that the item no t be included in General
Plan Amendment 76-3.
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(5) Cha2man Homes - a request for an increase in residential
density from 2 units per acre to 3.5 units per acre on
approximately 30 acres of land located South of San Juan
Creek Road and east of the San Juan Terrace development.
The area is presently rural -equestrian in nature. Since
the proposed change would allow densities which would
not permit equestrian uses and would represent an erosion
of the General Plan concept for the area, Staff recommends
that the item not be included in General Plan Amendment
76-3.
Council also received copies of a letter dated August 4, 1976,
from Morris Misbin, 34000 Via de Agua, representing property
owners of approximately 320 acres of land surrounding McCracken
Hill. Mr. Misbin recommends that the additional acreage be
included with the McCracken Hill General Plan Amendment.
Councilman Sweeney stated that he would abstain from discussion
of the McCracken Hill development due to his interest in the
property; he suggested that Council may wish to give considera-
tion to the surrounding property mentioned in Mr. Misbin's
letter as a means of providing alternate access to the Alto
Capistranoarea.
Council discussion of the proposed General Plan Amendment items
ensued, and it was the consensus of the Council that there is
no urgency to the development applications. Mayor Nash suggested
that due to the time that would be required by the City staff to
study the proposals, and in consideration of Council's direction
that a growth management program be implemented, the staff and
the Planning Commission should devote their time to consideration
of the Agricultural Preservation Amendment only. Councilman
McDowell suggested that growth management should be studied
prior to consideration of any development applications. Council-
man Sweeney stated that the economic and equity considerations
should be included in the study of the Agricultural Preservation
Amendment; he further stated that he would support the Kendall -
Brief application since it did not appear that it would take
a great deal of staff time. Councilman Heekscher stated that
staff should address an in depth attempt to resolve conflicting
opinions on Agriculture Preservation and that he would be in
support of including only that item in General Plan Amendment
76-3.
It was moved by Councilman Friess and seconded by Councilman
Heckscher that General Plan Amendment 76-3 include only Item No.
2, the Agricultural Preservation Program. The motion carried
by the following vote:
AYES: Councilmen McDowell, Friess, Heckscher,
and Mayor Nash
NOES: Councilman Sweeney
ABSENT: None
The inclusion of this item within the General Plan Amendment is in
no way an indication of intention to approve such Amendment, it is
merely an action to review and consider the requested change.
_10- 8// / 7S
026U
0 DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. REPORT ON EARTH STORAGE AT CAMINO LAS RAMBLAS
(74) Council received copies of a report dated August 4, 1976, from
the Director of Public Works forwarding a chronology of the
permit for earth storage at Camino Las Ramblas in the Alto
Capistrano area of the City and copies of a proposed review
process for future actions. At their meeting of July 7, 1976,
the City Council had authorized a 90 -day period of time for
the submittal of grading plans and view analysis by Morris
Misbin, representative of the property owners. The view
analysis will be reviewed by the Planning Department; the
grading plan is being reviewed by the Public Works Department.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney to extend the conditions of the original storage permit
for a period of 9 months from April 1, 1976, to January 1, 1977,
and adopt the review process for future actions an the earth
storage. (The motion was later withdrawn.)
In response to an inquiry from Councilman Heckscher, the
Director of Public Works advised that, in the event the report
indicates that the earth should be removed, a period of 4
months from April 1, 1977, would be allowed for said removal.
Councilman Heckscher suggested that consideration of this
matter be deferred until Council has had an opportunity to
receive the specific view analysis, and an opportunity to
review that analysis at the Council meeting of October 20,
1976. With the concurrence of the Council, Mayor Nash so
directed.
With the concurrence of the second, Councilman McDowell then
withdrew the motion to extend the permit.
2. PROPOSED STANDARDS FOR STREET LIGHTING
(53) Council received copies of a report dated August 4, 1976, from
the Director of Public Works, forwarding a draft of a proposed
Street Lighting Study for the City as compiled by the Engineer-
ing Division and dated April 16, 1976. The study addressed
such factors as visibility, glare, roadway classifications,
and street lighting design, and includes recommended street
lighting as well as a survey of existing street light usage
in other cities. The report also recommends that a thorough
review of the proposed lighting standards be undertaken by the
City Attorney prior to altering the existing City Street Light-
ing Standards.
Councilman Heckscher commended Mr. Murphy and the Public Works
Department for supplying the study as a basis for further con-
sideration. Mayor Nash suggested that it would be advisable to
receive non-technical input from City Boards and Commissions
regarding location, height, spacing and types of fixtures,
flexibility as to whether or not light standards should be
installed in various commercial and residential areas. Council-
man Heckscher suggested that the emphasis be shifted to
aesthetic considerations and the overall impact on the rural
atmosphere.
It was moved by Councilman Heckscher, seconded by Mayor Nash
and unanimously carried that the proposed Street Lighting
Study be referred to the Planning Commission, Cultural Heritage
Commission, Architectural Board of Review, and PlanninIg Depart-
ment for review and recommenda t4 on back to the Council.
I
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COMMISSIONS, BOARDS, COMMITTEES
CULTURAL HERITAGE COMMISSION
261
1. INVENTORY OF HISTORICAL AND CULTURAL LANDMARKS -
UAM QnDTMr.1Z nAW(',T,' ITAT.I. AND CAPTSTRANO HIGH SCHOOL SITE
(23) 1 H S2 I ... e Hall:
M.MiilrEeived copies of a report dated August 4, 1976, from
the Director of Administrative Services forwarding the Report
of the Cultural Heritage Commission regarding the relocation
of the building known as the Hot Springs Dance Hall. The building
was constructed in approximately 1898 in conjunction with the
San Juan Hot Springs and was moved in 1936 from its location on
Ortega Highway to its present location on the west side of
Camino Capistrano between Ortega Highway and Mission Street.
The current owner is in the process of selling his property
and is requesting permission from the City to either relocate
or demolish the structure before close of the escrow since
the building is listed on the Inventory of Historical and
Cultural Landmarks.
The Commission has recommended that the City Council temporarily
remove the Dance Hall from the Inventory of Historic Sites
with the condition that the developer, M.L. Schmidt, agrees
not to demolish the building in the interim; and, that the
Council be requested to relocate the building to the City
office grounds for use as a recreation building.
The Director of Administrative Services advised that the building
will be donated t-) the City; the cost of moving the facility to
the City Hall area is estimated at $5,000.
It was moved by Councilman Heckscher, seconded by Councilman
McDowell and unanimously carried to temporarily remove the Hot
Springs Dance Hall from the provisions of the Inventory of
Historical and Cultural Landmarks with the condition that the
developer enter into an Agreement with the City that the Dance
Hall will not be demolished. That direction is accomplished by
the adoption of Resolution No. 76-8-4-7, as set forth hereinbelow.
It was the consensus of the Council that the use of the Dance
Hall will be determined at a later date.
Capistrano_High School Site:
Council received copies of a report dated August 4, 1976, from
the Director of Administrative Services forwarding the report
of the Cultural Heritage Commission regarding the proposed
addition of the Capistrano Union High School to the Inventory
of Historical and Cultural Landmarks. Construction of the
school facilities commenced in 1921, and the School District
has scheduled the High School for demolition during the month
of August.
Council also received copies of a report dated August 3, 1976,
from Councilman Friess recommending that, as an initial step,
the entire school site including the gymnasium be placed on the
City's Inventory of Historic Sites. Councilman Friess further
proposed that the City designate funds for a study to determine
exactly what would be entailed in restoration of the gymnasium
building.
The City Manager suggested that City staff discuss the situation,
including the possibility of a lease -purchase agreement, wi.th
representatives of the School District.
Councilman Sweeney advised that the Community Center Committee
hold a meeting on August 2 and has indicated an interest in
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the school facilities as a community center. The Director of
Planning has been requested to provide the Committee members
with a conceptual study of the means Of utilizing the school
site as a community center.
It was moved by Councilman Friess and seconded by Councilman
Sweeney that the entire Capistrano Union High School site,
including the Williams Gymnasium, be placed on the inventory
of Historical Sites, and that the following Resolution, being:
RESOLUTION NO. 76-8-4-7, INVENTORY OF HISTORICAL
AND CULTURAL LANDMARKS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN INVENTORY OF HISTORICAL AND CULTURAL
LANDMARKS AND RESCINDING RESOLUTION NO. 75-11-15-4
be adopted. The motion carried by the following vote:
AYES: Councilm6n Sweeney, McDowell, Friess, Heckscher
and Mayor Nash
NOES: None
ABSENT: None
The Resolution adds the Capistrano School Site, commonly
known as Assessor's Parcel No. 124-190-14, as an historically
significant landmark designated Item No. 26. The Resolution
further provides that the application of the provisions of
the Resolution to the Hot Springs Dance Hall, Item No. 23,
is held in abeyance pending the transfer of the Dance Hall
building to the City of $an Juan Capistrano.
COUNCIL REMARKS
1. COASTAL AND AGRICULTURAL LANDS
(68) Councilman Heckscher noted pending State legislation effecting
the preservation of California coastal and agricultural lands.
It was moved by Councilman Heckscher and seconded by Mayor
Nash that the following Resolution, being:
RESOLUTION NO. 76-8-4-8. PRESERVATION OF COASTAL
AND AGRICULTURAL LANDS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
IN SUPPORT OF ASSEMBLY BILL 15 (WARREN) AND SENATE
BILL 1277 (SMITH
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Heckscher and
Mayor Nash
NOES: Councilman McDowell
ABSENT: None
The Resolution endorses AB 15 and SB 1277 as the last practicable
means to achieve sound land preservation and urges the State
Legislature to adopt said legislation.
2. PROPOSED USES FOR AREA OF COOK PARK
(62) Councilman Friess noted that there appears to be conflicting
opinion with regard to the recreational uses for Cook Park.
Mr. Friess suggested that direction be given to the Parks and
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The total cost for reimbursing the Capistrano Beach Sanitary
District taxes is $7,949.35 for fiscal year 1975-76. This
amount will be repaid in total to the City by the Sanitary
District. The total cost for reimbursing the Capistrano Bay
Park and Recreation District portion is $1,848.73 for fiscal
year 1975-76. The amount for the 1976-77 fiscal year taxes
will not be known until the tax rates are established on
August 31, 1976.
It was moved by Mayor Nash, seconded by Councilman Sweeney and
unanimously carried to authorize the expenditure of $9,798.08
with $7,949.35 to be reimbursed to the City by the Capistrano
Bay Sanitary District, for a total City expenditure of $1,848.73;
and, to determine that the 1975-76 taxes be refunded at the
present time. The 1976-77 taxes are to be refunded in two
increments after the tax bills are paid in full, i.e., January 1,
1977, and July 1, 1977.
5. CITY REPRESENTATIVE TO SERRA BOARD OF DIRECTORS
(79) Mayor Nash suggested that the role of the Public Works Director
would be eased by the appointment of a City representative to
the South East Regional Reclamation Authority Board who would
be able to represent the City in a manner equally as qualified
and capable as the manner in which Mr. Murphy has been repre-
senting the City. Mayor Nash suggested that Mr. James Thorpe
has indicated a willingness to serve the City and further
suggested that his appointment should be considered by the
City Council.
The Director of Public Works advised that an Alternate repre-
sentative should also be appointed. The City Manager suggested
that the matter be returned to Council in the form of a
Resolution at the meeting of August 18, 1976.
RECESS AND RECONVENE
Council recessed to Executive Session at 11:10 P.M. for the purpose
of. discussing legal and personnel matters and reconvened at 12:30 A.M.
August 5, 1976.
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263
Recreation Commission that the 90 -acre Cook Park
accommodate
equestrian, open space, and recreational uses.
3.
PROPOSED RESOLUTION IN COMMEMORATION OF
K0_NSIGNOR VINCENT LLOYD -RUSSELL
36)
Councilman Sweeney suggested that a Resolution be
prepared
offering condolences on the passing of Monsignor
Vincent
Lloyd -Russell and in appreciation of his many accomplishments.
4.
REIMBURSEMENTS OF TAX FUNDS - MISSION BELL RANCH
(86)
Council Peceived copies of a report dated August
4, 1976, from
the Director of Administrative Services forwarding
a worksheet
with a breakdown of the amount of taxes that may
be refunded
to the property owners in the Mission Bell Ranch
development
who were double taxed by the City, the Capistrano
Beach Sani-
tary District, and the Capistrano Bay Park and Recreation
District. The area, also known as the C. Michael
Iwata Annexation,
was not detached from the above-mentioned Districts
at the
time of annexation of the property to the City.
The total cost for reimbursing the Capistrano Beach Sanitary
District taxes is $7,949.35 for fiscal year 1975-76. This
amount will be repaid in total to the City by the Sanitary
District. The total cost for reimbursing the Capistrano Bay
Park and Recreation District portion is $1,848.73 for fiscal
year 1975-76. The amount for the 1976-77 fiscal year taxes
will not be known until the tax rates are established on
August 31, 1976.
It was moved by Mayor Nash, seconded by Councilman Sweeney and
unanimously carried to authorize the expenditure of $9,798.08
with $7,949.35 to be reimbursed to the City by the Capistrano
Bay Sanitary District, for a total City expenditure of $1,848.73;
and, to determine that the 1975-76 taxes be refunded at the
present time. The 1976-77 taxes are to be refunded in two
increments after the tax bills are paid in full, i.e., January 1,
1977, and July 1, 1977.
5. CITY REPRESENTATIVE TO SERRA BOARD OF DIRECTORS
(79) Mayor Nash suggested that the role of the Public Works Director
would be eased by the appointment of a City representative to
the South East Regional Reclamation Authority Board who would
be able to represent the City in a manner equally as qualified
and capable as the manner in which Mr. Murphy has been repre-
senting the City. Mayor Nash suggested that Mr. James Thorpe
has indicated a willingness to serve the City and further
suggested that his appointment should be considered by the
City Council.
The Director of Public Works advised that an Alternate repre-
sentative should also be appointed. The City Manager suggested
that the matter be returned to Council in the form of a
Resolution at the meeting of August 18, 1976.
RECESS AND RECONVENE
Council recessed to Executive Session at 11:10 P.M. for the purpose
of. discussing legal and personnel matters and reconvened at 12:30 A.M.
August 5, 1976.
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COUNCIL ACTIONS:
I. CITY CLERK - SALARY ADJUSTMENT
(31) With the concurrence of the Council, Mayor Nash directed that
the 5% salary increase for the City Clerk be implemented
retroactive to January 1, 1976, pursuant to City Council
direction of July 23, 1975; and, the City Clerk's salary
be increased an additional 5% retroactive to July 1, 1976.
Council commended the City Clerk for doing an outstanding
job in her position and for discharging additional activities
in a most commendable manner.
2. PERSONNEL - ACCOUNTANT POSITION
(66) It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the position of Accountant
in the Administrative Services be authorized at Range 26.5,
Step 3 ($1,278.00 per month) of the Salary and Classification
plan.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:35 A.M., August S, 1976, to the next regular meeting
date of Wednesday, August 18, 1976, at 7:00 P.M. in the City Council
Chamber.
APPROVED:
MAYOR
DOTG-LAS Bro'NASH,
Respectfully submitted,
M -AN
ARY rKNOVER CITY CLERK
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