Loading...
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 -1- 8/4/76 251 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. -2- 8/4/7r-, 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 -3- 8/4/76 253 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: -5- 8/4/76 255 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. -6- 8/4/76 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 -7- 8/4/7'j 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. -9- 8/4/76 (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 _11- 8/4/76 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 -12- 8 / '­ I (Z' 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 -13- 8/4/76 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. -14- 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. -14- ? -dr4 Ll 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 -.15- 8/4/76