76-1006_CC_Minutes_Regular Meeting311
OCTOBER 6� 1976
Rl'�GULAR MEETING OF T11E CITY COUNCIL 01' THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Ret-ular MeetLn, of the City Council of the City of San Juan
I I
Capistrano, California, was called to order by Mayor Nash at
7:12 P.M, in the Ci�y Council Ctulmhcr, followed by the Pledge of
Allel-iance to the Flal-, Invocation was given by Pastor Bob Scott,
Community Christian Church.
ROLL CALL PRESENT: Dou.-las B. Nash, Mayor
Yvon 0. Heckschor, Mayor pro tem
Councilman Kenneth E, Friess
Councilman Richard D. McDowell
Councilman John B. Sweeney
AB�ENT: 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; Thomas Baker, Recrea-
tion Coordinator; Mary Ann Hanover, City Clerk.
M TNTITF-0
Re��ular Meeting of September 15, 1976:
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that the Minutes of the Regular
Meeting of September 15, 1976, be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that all ordinances be read by title only.
BIDS, CONTRACTS, AGRE MENTS
1. RECREATION - AP-,ROVAL OF SPECIFICATIONS
AND CALL FOR BIDS FOR GAMEMOBILE
(62) Council received copies of a report dated October 6, 1976,
from -the Recreation Coordinator forwarding specifications
for one new or late model used van for use in transporting
recreation personnel and light playground equipment to
various neighborhood parks and for use in areas of the City
where there are no parks or available school sites.
Paul Hunter, President of the Lions Club, addressed the
Council and advised that the Board of Directors has issued
a statement of intent to acquire the vehicle for donation
to tne City, but that knowledge of a specific dollar amount
is desired prior to the making of a final commitment.
The cost to the City would amount to approximately $500 per
year for vehicle maintenance plus $4,200 for recreation
personnel from November 1, 1.976, through June 30, 1977,
Councilman Sweeney inquired into the status of receiving
additional funds from the school district community tax,
since the City is augmenting the District's recreation
program, The City currently receives $4,800 per year from
the community tax. The City Manager advised that no recent
information is available.
In response to an inquiry from Councilman Heekscher, the
Recreation Coordinator advised that the program would not
require the purchase of additional equipment and that it
would not be necessary to make improvements to the vehicle,
The van could be used by Other City departments if the
recreation use proves unsuccossful,
10/6/76
312 It was moved by Coui)cilman Sweeney, seconded by Councilman
Priess and unanimously carried to approve the specifications
and call, for bids for the van and to inform the Lions Club
of the CiLy's inLent to accept their offer to purchase
the van (in full or in part) for donation to the City as a
Gamemobile.
Council further directed that the City express its apprecia-
tion to Lhe Lions Club for their generous offer.
PUBLIC HEARINGS
1. ADOPTION OF ORANGE COUNTY ANIMAL CONTROL
REGULATIONS AND FEE SCHEDULE
(57) Council received copies of a report dated September 15, 1976,
from the City Clerk forwarding copies of a proposed Ordinance
which would adopt by reference the Codified Ordinances of
the County of Orange relating to animal control, welfare and
license requirements. The ordinance was regularly introduced
at the Council meeting of August 18, 1976. The Notice of
Public Hearing to be hold on September 15 was published on
August 23 and August 30, 1976; the Public Hearing is continued
from the Council meeting of September 15. Forwarded also were
copies of a proposed Resolution setting forth Animal Facility
Rules and Fee Schedule.
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the proposed adoption of
the Orange County animal control regulations and inquired if
anyone in the audience wished to address ".10 Council. There
being no response, Mayor Nash declared the Public Hearing
closed.
Councilman Fi'iess questioned the propriety of the County
levying fees for commercial stables, as set forth in the
Resolution, since the City also collects a business license
fee. The City Manager clarified that the County fee is for
inspection of stable conditions and that the City license is
a fee imposed on all businesses operating in the City for
revenue purposes.
Councilman McDowell 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 McDowell
and seconded by Councilman Heckscher that the following
Ordinance, being:
ORDINANCE NO. 309-1 ANIMAL CONTROL - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING BY REFERENCE DIVISION I., TITLES 4 & 5
OF THE CODIFIED ORDINANCES OF THE COUNTY OF
ORANGE RELATING TO ANIMAL CONTROL, WELFARE AND
LICENSE REQUIREMENTS, AND RESCINDING CITY
ORDINANCE NO. 173
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
It. was moved by Councilman Heckscher and seconded by Council-
man McDowell that Ilie follo�,,,jjjo, Resolution, bein,-,.
RESOLUTION NO. 76-10-6-1, ANIIMAT� F,�(, , LATY RULES
, , j , ffE i
AT
7:: A RESOLU1iT6N ml, C 1Y CoUi CIL
OF Tjjj�, CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING ANIMAL FACTLI'1`2 RULES, REGULATJ ONS,
AND FE'E SCHEDULE8
-2- 10/6//7G
be adopted. The motion carried by the following vote: 3
AYES: Councilmen SWOOnoy, MODOWCII, Friess,
110.ch_schor� anu Mayor Nash
NOES- None
ABSENT: None
2. GENERAL PIAN AMENDMENT 76-2 WEM E
I.,,,NV11�OjXff1j,,NTAL J�IpACT REPORT (POUDENTIAL SHOPPING CENTER)
(46) This matter was continued from the Council meeting of
September 15, 1976, in order to allow Council members an
opportunity to study the request. The Director of Planning
suggested that the scale of the retail sales area of the
proposed shopping center be reduced and that the proposed
office uses be removcd to another location.
Notice of continuance having boon given as required by law,
Mayor Nash declared the Public Hearing open on General Plan
Amendment 7G-2, Item E, a request for a change to General
Commercial zoning for appronimately 14 acres of land on
Camino Las Ramblas opposite Via California, Mayor Nash
inquired if anyone in the audience wished to address the
Council, and the following persons responded:
Roberta Berns, 26921 Canyon Crest Drive, representing
Town Hall Association, spoke in opposition to the
shopping center due to its variance with the General
Plan objectives of maintaining a village -like commun-
ity, providing for neighborhood convenience centers of
4-8 acres, and maintaining a strong viable downtown
business area. Mrs, Berns also suggested that a 14 -acre
site would dominate the living environment of nearby
residents due to noise and traffic volumes and noted
that Town Hall supports the retention of the existing
land use designation which would allow a neighborhood
convenience center.
Council received copies of the following written correspon-
dence:
1. A letter dated September 27, 1976, from the Board of
Directorn of the Chamber of Commerce indicating their
overwhelming support of the proposal. Pursuant to
Council request, the Board has considered the possible
negative impacts of the project on residents and the
downtown business community; the principals in the
project made an audio-visual presentation to the Chamber.
2. A letter dated September 21, 1976, from Herman B. Roesti,
representing The Prudential Insurance Company of America,
in support of the original 14 -acre proposal and enclos-
ing a preliminary site plan.
There being no one else wishing to address the Council, Mayor
Nash declared the Public Hearing closed.
Councilman Friess stated that he had expected to receive addi-
tional economic information and that the original Environ-
mental Impact Report does not adequately address the financial
impact of the proposal. In response to a question from Mr.
Friess, the Director of Planning advised that approximately
2 acres of the site would be utilized by a proposed restau-
rant and related parking area.
Mayor Nash noted that the total area of the site appears to
be 21.5 acres including 5.5 acres of slope. Mr. Morris Misbin,
representing property owners of the area, stated that the
total area is 19.6 acres gross and 14 acres net, as certified
by their engineer. Mayor Nash further noted that he has
-3- 10/6/76
studied the Environmental Impact Report and Supplement
and is convinced there will be a significant financial
impact on the downtown business area and on nearby shop-
ping centers; also, additional centers have boon approved
for location in the downtown area and a regional shopping
center in to be constructed at the intersection of Crown
Valley Parkway and the Interstate 5 freeway.
Councilman Sweeney noted that the City requires tax
revenues to provide for desired bike trails and equestrian
trails and retention of a rural community; Mr. Sweeney also
noted that there is no competition for the one large food
market in the City and that he wculd not oppose the project
as requested.
Councilman Friess listed tae square footage contemplated
for the proposed market, variety store, and drug store and
noted that the project can be built within the existing
designation of a maximum of 8 acres.
Councilman Heckscher inquired if the impact of the project
on downtown business is a valid concern of the Environ-
mental Impact Report; and, the Director of Planning advised
that the information was included at the request of the
Environmental Review Board; the Planning Commission and
Council had also indicated dissatisfaction with financial
aspects of the proposal. Mr. Heckscher advised that he is
not satisfied with the information on the economic impacts
of the project. Mayor Nash noted that the Report is not
adequate insofar as a totally objective analysis is
concerned.
Certification of Environmental Impact Report:
it was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to determine that the
Environmental Impact Report prepared for General Plan
Amendment 76-2, Item E, is adequate within the confines
of the General Plan, with the notation that acceptance
of the EIR is not to be construed as concurrence with all
data contained therein or as being favorable or unfavorable
to the project.
General Plan Amendment 76-2., Item E (Prudential Shopping
Center): it was moved by Councilman McDowell and secon e
by Councilman Sweeney to accept the recommendations of the
Planning Commission on each of the Items contained in
General Plan Amendment 76-2� With the concurrence of the
second, the motion was amended to accept the Planning Com-
mission recommendation on General Plan Amendment 76-2,
Item E, and that the request for a change from.Neighborhood
Convenience Center to General Commercial for approximately
14 acres of land located on Camino Las Ramblas opposite
Via California be denied; and, that a change in land use
designation be approved for the westerly 11 acres of the
property only.
Councilman Hockscher noted that Council had heard argu-
ments both for and against the proposed shopping center,
but that possible alternate uses for the area had not been
addressed, Discussion during consideration of adoption of
the General Plan had resulted in a compromise that neigh-
borhood centers be limited to between 4 and 8 acres in size;
further compromise would result in a discard of Council
policy. Mr. Hockschor further noted that the impacts of
access, traffic and visibility of the project from the
freeway had not boon addressed, in addition to the adequacy
of the EIR with regard to the economic impact on the down-
town area. Council had stated their policy that the down-
town business area should be promoted and any shopping
center that would draw business away from that ar-n 4kould
not be supported.
-4- 10/0/76
Councilman McDowell stated that the City's existing
shopping centers are inconvenient for shoppers and that 315
there is not enough variety of merchandise available to
buyers,
Councilman Sweeney noted that the proposed center would
result in a tax reduction for residents of the Alto Capis-
trano area.
Councilman Friess stated he would support a shoppin.- center
at the location, but that there is no need for a General
Plan AiTiondiiient to increase the size of the project.
The above motion on General Plan Amendment 76-2, Item. E,
then failed by the following vote:
AYES: Councilmen Sweeney and McDowell
NOES: Councilman Friess, Heckscher and Ilayor Nash
ABSENT: None
A Resolution initiating the entire General Plan Amendment
with the results of Council action on each of the Items
will be submitted for Council adoption at the meeting of
October 20, 1976.
3. REZONE 76-9 AND ENVIRONMENTAL IMPACT REPORT,
TENTATIVE TRACT 8485 (MAURER-CAWARD)
This matter is cc-itinued from the Council meeting of
September 15, 1976.
(85) Council received copies of a report dated September 15, 1976,
from the Director of Planning forwarding the recommendation
made by the Planning- Coiu.iission at their meeting July 27,
1976, that Rezone 76-9 and Tentative Tract Map 8485 be
approved and that the Environmental Impact Report be accepted.
The request is for a zone change from GM (Growth Management)
to RS (Single Family) and OR (Open Space Recreation) for a
subdivision of approximately 38.6 acres,into 74 single
family lots. The property is located on the south side of the
Ortega Highway adjacent to and east of Tract 5126. The appli-
cant is Maurer Development Company, 1451 Quail Street, Suite
202, Newport Beach.
Councilman Friess noted that once the subdivision is con-
structed, all equestrian access will be cut off and riders
will have to go along Orl ega Highway to reach the creek area,
The Director of planning advised that access could be pro-
vided along street "A", the commuter road; however, in con-
sidering- the Patrick development recently, Council had
directed that bridle trails not be located adjacent to resi-
dential lots which were not zoned for horses. Councilman
Heckscher su.-gosted that provisions for bridle trails adja-
cent to houses without horse facilities should not present
problems.
Notice baviiil- been given as required by law, Mayor Nash
declared the public Iloaring open on proposed Rozone 76-9
and Tentative Tract 81185 and inquired if any ono in the
audience wished to address the Council. The followin-
persons responded -
1. Robert Maurer, 1.451 Quail Street, Novport Beach, the
applicant, advised that lie would be wi1ling- to dedicate
an equestrian e."sclillent across three lolis in the proposed
devolopment.
Mr. Maurer also ad-irossed the. con-dition of approval
requiring construction pliasin,, of the dovel.opillent and
stated that 11' he wore al.10"N'ed to build I'l'o tract out,
-5- 10/(3/76
at one time, improvements to the Ortega Highway would
be made, completion of Calle Arroyo would alleviate
traffic, park acreage would be dedicated, drainage
problems in the Sun Hollow development would be
resolved, sewer lines would be relocated from the
flood plain area, density will be lowered, and., fur-
ther, access to the property is not growth inducing.
Councilman Heckscher advised that phasing may be accomplished
either by project or within a project and that the construc-
tion phasing condition provides for the applicant and City
to enter into an agreement governing the rate and geographic
distribution of construction,
The City Manager advised that the City has budgeted $100,000
to be combined with $200,000 in County matching funds for
improvements to the Ortega Highway and that the State agency,
Caltrans, has recommended that the right-of-way be acquired
during the 1977-78 fiscal year with improvements to be con-
structed during 1978-79 using State funds. Mr. Mocalis also
noted that the Highway may be included in the Federal
Registry of historic routes.
Councilman Sweeney noted that the Ortega Highway, which is
a State highway, is the responsibility of the State and that
if improvements to the Highway are made by the City and the
developer, the State will not repay the funds.
There being no one else wishing to address the Council,
Mayor Nash declared the Public Hearing closed.
Environmental Impact Report:
It was moved by Councilman Sweeney, se�onded by Councilman
Heckscher and unanimously carried to find that the Environ-
mental Impact Report prepared for Rezone 76-9 and Tentative
Tract 8485 is adequate, with the notation that the Report
has been submitted for information only and that its accep-
tance is not to be construed as concurrence with all data
provided therein or as being favorable or unfavorable to the
project.
Rezone 76-9:
It was moved by Councilman Heckscher and seconded by Council-
man McDowell that the following Ordinance, being:
ORDINANCE NO. 310, REZONE 76-9 (MAURER-CAIVARD)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOP'TED
BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF
38+ ACRES FROM "G1,111 (GROWTH MANAGEMENT) TO "OR"
(OPEN SPACE RECREATION) AND 'IRS" (SINGLE FAMILY)
be introduced. The motion carried by the following vote:
AYES- Councilmen McDowell, Friess, Beckschor,
and Mayor Nash
NOES: Council -man Sweeney
ABSENT: None
Tentative Tract Map 848,5 -
It was moved hy T_'o�_111(Tlbmn�n Hockschor and secondod by Council-
man Friess that TenLniive Tract Map 8485 he approved subject
to the con(litions set forth in Planninl Coiiiiiiission Resolu-
tion No. PC 76-7-27-7, with the acIdition of Condit.ion No. 29,
as follows: "Equostriall aceoss "ball be provided by the
�qj.ong that portion (�f strect 'A' within 1,110 slib-
divis,ion," The niot-jon carried I)y thn followAng' votle:
AYES: Conn cilmen M-13)oy;c1l, Fries�,, Hock,,;eher, and
Mayor N:i�;h
...6-
10/6/76
NOES - Councilman Sweeney 17
ABSENT: None
Councilman Sweeney advised that his vote was in the negative
since the Ortega Highway is the responsibility of the State.
Councilman Friess suggested that during the final map
process consideration be given to the aspect of the houses
from above with the houses possibly turned so they are not
in straight rows and that consideration be given to the
existence of a horse stable on leased land within the project
area.
RECESS AND RECONVENE
Council recessed at 9:20 P.M. and reconvened at 9:42 P.M.
DIRECTOR OF PLANNING
1. THE WOMEN'S CLUB OF SAN JUAN CAPISTRANO
DONATION OF BENCHES FOR DOWNTOWN AREA
(61) Council received copies of a report dated October 6, 1976,
from the Director of Planning forwarding a letter dated
August 27, 1976, from Mrs. Carl Buchheim, Bicentennial Chair-
man of The Women's Club of San Juan Capistrano. The Club has
allocated the sum of $846 for the purchase of benches to be
located in the downtown area of the City as their bicentennial
project. The Director of Planning advised that the benches
will be placed ir conjunction with bus stops; a map was for-
warded identifying eight locations where benches are needed.
Ci_ty funds in the amount of $1,500 have been allocated in the
Community Aesthetics project.
Mayor Nash apologized to the members of the Women's Club for
the length of time taken to respond to their letter.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to accept the Women's Club
joint participation with the City in acquiring and installing
a total. of eight benches. Council members expressed their
appreciation to the Women's Club for their community bicen-
tennial project.
PUBLIC HEARINGS (CONTINUED)
1. REZONE 76-10 AND ENVIROMMENTAL IMPACT AE
'TENTATIVE TRACT 9382 (AlAURER-JORDAN) LPORT,
(85) This matter is continued from the Council meeting of September
15, 1976. Council received copies of a report dated September
15 from the Director of Planning forwarding the recommondation
made by the Planning- Commission at their meetinl- of July 17,
1976, that Rezone 76-10 and Tentative Tract Alap 9382 be
approved and that the Environmental Impact Report be accepted.
The request is for a zone change from G111 (Growth Manal�,omient)
to RS (Sin -le Family) and GAI(35) (Grow[h Management, one unit/
35 acres) for a subdivision of approximately 68 acres into
64 residential lots. The Tentative Tract Alap provides for 63
residences on the lower 28 acres with one unit located on the
remaining 40 acres, The conditions of approval includo con-
struction phasing, and improvements to Ortega Ili-hway. The
property is located north of the Ortc,a Highway west of El
T
Nido Mobile Home, Park. Tho applicant is Maurer Development
Company, 1451 QUail Street, Suite 202, Newport Beach.
Notice havin,, been iven as roquired by law, Mayor Nash
declared the Public Hearin, opon on proposed Rc!zonc 7G-10 and
Tentative Tract 938-2 ar�l inquired if anyone in the aucl.inic�c,
wished to address the, Council. The followin.,,,, persons responded,
-7- 10/6/76
1. Robert Maurer, 1451 Quail St ' reet, Newport Beach, the
applicant, addressed the Council and responded to
questions regarding grading and development rights and
advised that the subdivision improvements include cor-
rection of the worst curve in the Ortega Highway.
Councilman Friess noted that his understanding had been
that the 40 acre area would be retained in open space. The
Planning Commission has recommended that the area be desig-
nated GM (Growth Management) with a 35 acre minimum.
Councilman Heckscber inquired if there is any means to insure
that the area remain in open space in perpe 4Uity since tho
area could be down -zoned at a later date. Mr. Maurer stated
that he has made a commitment to invest development rights
with the City and to work with the City Attorney towards a
Williamson Act agreement. Councilman Heckscher suggested
that approval of the tract be subject to inclusion of the
following additional coudition:
"Approval is based upon the satisfactory execution
of an agreement for the transfer to the City of
development rights and/or the entering into of a
Williamson Act type of agreement by the developer
in order to maintain the open space and/or agri-
cultural nature of the area."
Councilman Friess inquired into the possibility of removing
some street lights from the Mission Park Maurer development
for transfer to the newer developments in order to reduce
street lighting. The Director of Public Works advised that
staff will be submitting a standard street lighting plan in
the near future.
There being no one else wishing to address the Council, Mayor
Nash declared the Public Hearing closed.
Environmental impact Report:
It was moved by Councilman Heckschor, seconded by Councilman
Friess and unanimously carried to find that the Environmental
Impact Report prepared for Rezone 76-10 and Tentative Tract
9382 is adequate with the notation that the Report has been
submitted for information only and that its acceptance is not
to be construed as concurrence with all data provided therein
or as being favorable or unfavorable to the project.
Rezone 76-10:
1_tvTas_m`o%T_c�d by Councilnian Heckscher and seconded by Council-
man Friess that the following Ordinance, be.i.ii.--
ORDINANCE NO. 3�1111KZO , 76-10 (MAURER- JORDAN)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AIIENDING OFFICIAL ZONING AIAP ADOPTED
BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF
6S,5+ ACRES FROM "GM" (GRO)VTH MANAGEMENT) TO 'IRS"
(SINGLE FAMILY) AND "GM(35)" (GROWTH MANAGEMENT,
ONE UNIT/0'35 ACRES)
be introduced. The motion carried by the followin,., vote, with
Councilman Sweeney advising- that lie would vote in the negative
on the basis that the Orte-a lli,�,-hway is the responsibility of
the State:
AYES- Coun-cilmon McDowell, Frioss, Hecl�schcr, and
Mayor Nash
NOES: Coll lie, i1ma 11 Sweeney
ABSENT: None
- 8-
10/6/76
P19Tentative Tract Map 9382: tj
It was moved by Councilman Hockscher and seconded by Council-
man Friess that Tentative Tract Map 9382 be approved subject
to the conditions set forth in Planning Commission Resolution
No. PC 76-7-27-9 with the addition of Condition 23 to maintain
the open space and/or agricultural nature of the area, as set
forth hereinabove. The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Heckscher, and
Mayor Nash
NOES: Councilman Sweeney
ABSENT: None
OFFICIAL BICENTENNIAL COMMISSION FROM SPAIN -
A ATATTIM �O A �XT ^� �T � AT TOO T�AT
(34) Councilman Sweeney commended the management and staff of the
El Adobe Restaurant and the members of the City staff for
their efforts with regard to the reception held on October 4,
1976, for the Official Bicentennial Commission from Spain and
the Balearic Islands. Their visit to the City was in conjunc-
tion with the 200th anniversary of the Old Mission.
ORAL COMMUNICATIONS
1. PROPOSED ORDINANCE ESTABLISHING
TNTERIM AGRICULTURAL PRESERVATION FEES
(68) The following persons addressed the Council in opposition to
the adoption of an ordinance which would amend the City's
existing development fee ordinances to provide for an addi-
tional agricultural preservation fee (the item appears later
on the Agenda):
(1) Marilyn Williams, P.O. Box 297, read a letter dated
October 5, 1976, and presented copies for Council,
staff and press. Mrs. Williams cited weaknesses in
definitions contained in the Ordinance and the proposed
deposit of fees into the City's general fund, conflicts
with the General Plan and with the proposed implementa-
tion of a growth management plan,
(2) Al Arps, 32802 Valle Road, read a statement urging further
discussion of the issue of agriculture and that the matter
be placed before the electorate for taxpayer participation,
(3) Jim Beam, 17291 Irvine Boulevard, Tustin, Executive Direc-
tor of the Building Industry Association, cited the
increasing costs of homes in the area.
(4) Tony Forster, 31312 Guadalupe, as an individual and
representative of the Capistrano Business and Property
Association, stated that the Council is interfering with
private enterprise by the recent adoption of Ordinance
308 which established construction phasing for subdivi-
sions and by the proposed adoption of an ordinance
establishing development fees for agricultural preservation.
(5) Ed Rabelais, representative Westport Home Builders, Inc.
914 East Katella Avenue, Anaheim, read a letter dated
October 6, 1976, signed by E.J. Cantillon, Chairman of
the Board, citing inconsistencies in staff findings and
requesting that the proposea ordinance be the subject of
public hearings,
(6) David Recupero, 6182 Softwind Drive, Huntington Beach,
representing Glendale Federal Savings, slated that the
proposed ordinance would add to the high cost of housing.
-9- 10/6/76
.3.) 2 0 (7) Lou Center, 32022 Pasco Hermosa, state(] that the City
should produce an Environmental Impact Report oil the
subj ec t -
(8) Julian Willcox, General Partner, Capistrano Airport and
Industrial Park, read a letter dated October 6, 1976,
requesting that the fees proposed for industrial acreage
be deleted from the program due to the tax burden on
new industrial growth,
(9) C.C. McCary, 31501 La Matanza, cited the recent increases
in property tax assessments.
2. PROPOSED FIRE STATION SITES
(42) Ray Miller, 31911 Calle Winona, advised that the Board of
Supervisors will consider the location of a future fire sta-
tion site in the City at their meeting of October 19, and
requested that the Agenda item be considered by Council.
With the concurrence of the Council, Mayor Nash directed that
the matter be considered at an Adjourned Council meeting to
be held on October 13, 1976. Councilman Friess requested
receipt of a comparison report on fire station sites.
3. REQUEST FOR WAIVER OF UTILITY UNDERGROUNDING
_T5�1�TT 7 =�fUNTql I nTTDVV �
(93) Paul Burke, 109 North Pacific Coast Highway, Redondo Beach,
requested Council concurrence that the utility undergrounding
requirement be waived in conjunction with +he construction of
his residence. Mr. Burke provided a model of the proposed
utility pole placement for the item which appears later on
the Agenda.
4. APPEAL -OF PLANNING COMMISSION DECISION
RE STREET IMPROVEMENTS, DIVISION OF LAND 75-5 (ASHIK)
(85) Goultekin Ashik, 225 North Victory Boulevard, Burbank, and
David Muralt, 4001 Calle Juno, San Clemente, addressed the
Council to request relief from the Planning Commission con-
dition of approval requiring bonding for improvements to
Camino Capistrano along the frontage of land subdivided by
Division of Land 75-5.
5. TRAFFIC SIGNALINSTALLATION AT INTERSECTION
OF DEL OBISPO STREET AND BLUE FIN DRIVE
(82) Joe St. Joan, Via Mayor, inquired
traffic signal to be installed at
Bell tract. Mayor Nash requested
on the matter on October 13.
RESOLUTIONS
in to the status of the
the entrance to the Mission
that the City Alanagger report
1, SEIVER CONNECTION AND SERVICE -CHARGES
(80) Council received copi.ps of a report dated October 6, 1976,
forwarding a proposed Resolution providing for a procedural
amendment to Resolulion No. 76-9-1-1 to More effectively
administer the increases in the sewer connection and service
connection charges,
It was moved by Couucilman Sweeney and seconded by Councilman
McDowell that 1110 following, Resolution, beink—
RrSOLUTIONT NO. 76-10-6-2., SEIVER CONNECTION' CILAI?(�ES
A D_ ZES ffrION OFF F CITY
N ) CIEAP(;E��= I `Sb
COUNCIL 0Y THE CIIY OF SAN JUAN CAPISTRANO, CALIFOR_
N` A, REPEAIJING RI,]SOI,U'f)ON NO. 76-9-1-4 ESTAI'L I Sill NG
THE' CflARGES TO BI', MADE, FOR ARY AND ALL SEWAGE DIS-
3DOSiki, C0-�ilQ,'CTl0N'; WITI! THE' PUBLIC SEIVEJ11AGE, SYSTEM,
-10- 10/6/76
ESTABLISHING MAIN EXTENSION CHARGES AND SEWER 3 2 1
SERVICE CHARGES WITHIN THE CORPORATE LIMITS OF
THE CITY OF SAN JUAN CAPISTRANO AND AREAS BECOM-
ING PART OF THE CITY FROM AND AFTER OCTOBER 6, 1976
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher
and Mayor Nash
NOES: None
ABSENT: None
2. YEAR-END BUDGET TRANSFERS
(24) Council received copies of a report dated October 6, 1976,
from the Director of Administrative Services providing a
schedule of overexpended budgets for fiscal year 1975-76.
It was moved by Councilman Heckscher and seconded by Council-
man Sweeney that the following Resolution, being:
RESOLUTION NO. 76-10-6-3. 1975-76 YEAR-END BUDGET
TRANSFERS - A RESOLUTION OF THE CITY COUNCIL 01'
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE CITY BUDGET FOR THE FISCAL YEAR 1975-76
AND AUTHORIZING CERTAIN BUDGET OVEREXPENDITURES AND
TRANSFERS OF FUNDS
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher
nnd Mayor Nash
NOES: None
ABSENT: None
The total General Fund deficiencies are $129,127; the total
deficiencies for all other funds are $12,302, for a total
overexpenditure of $141,429.
3. INITIATION OF ANNEXATION DETACHMENTS FROM
TPECIAL DISTRICTS
(21) Council received copies of a report dated October 6, 1976,
from Loretta Murray, Administrative Assistant, forwarding
proposed Resolutions to initiate detachment proceedings for
areas subject to double taxation due to their inclusion in
the boundaries of special taxing districts.
Detachment of Airport Annexation:
It was moved by Councilman McDowell and seconded by Council-
man Sweeney that the following Resolution, being:
RESOLUTION NO. 76-10-6-4, PROPOSED AIRPORT DETACH-
MENT FROM THE CAPISTRANO BAY PARK AND RECREATION
DISTRICT - A RESOLU N OF THE CITY COUNCIL OF -THE
VITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING
APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION
OF THE COUNTY OF ORANGE FOR THE DETACHMENT OF CERTAIN
TERRITORY FROM THE BOUNDARTES OF THE CAPISTRANO BAY
PARK AND RECREATION DISTRICT
be adopted, The motion carried by the following veto:
AYES: Councilmen Sweeney, McDowell, Friess, Beckscher
and Mayor Nash
NOES: None
ABSENT: None
-11-- 10/6/76
e 6-) 2,
qj 0<�
Detachment of Doss -Watkins Annexation:
It was moved by Councilman Sweeney and seconded by Council-
man Heekscher that the following Resolution, being:
RESOLUTION NO. 76-10-6-5, PROPOSED DOSS-WATKIN
DETACHMENT FROM THE CAPISTRANO BAY PARK AND
RECREATION DISTRICT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, MAKING APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION OF THE COUNTY OF
ORANGE FOR THE DETACHMENT OF CERTAIN TERRITORY
FROM THE BOUNDARIES OF THE CAPISTRANO BAY PARK
AND RECREATION DISTRICT
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher
and Mayor Nash
NOES: None
ABSENT: None
Detachment of Pryor -Homestead Annexation -
It was moved by Councilman Heckscher and seconded by Council-
man Sweeney that the following Resolution, being:
RESOLUTION NO. 76-10-6-6, PROPOSED PRYOR-HOMESTEAD
DETACHMENT FROM THE CAPISTRANO BEACH SANITARY
DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIPORWA, MAKING
APPLICATION TO THE LOCAL AGENCY FORMATION COMMIS-
SION OF THE COUNTY OF ORANGE FOR THE DETACHMENT OF
CERTAIN TERRITORY FROM THE BOUNDARIES OF THE CAPIS-
TRANO BEACH SANITARY DISTRICT
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher
and Mayor Nash
NOES: None
ABSENT: None
The City Clerk is directed to.forward certified copies of
each of the above detachment Resolutions to the Executive
Officer of the Orange County Local Agency Formation Commission.
Detachment of C. Michael-lwata Annexation:
Council received copies of a report dated October 6, 1976,
from Loretta Murray, Administrative Assistant forwarding a
proposed Resolution to initiate detachment from Orange County
Street Lighting Maintenance District #1 which levies a ta.�
assessment of $0.1276 per $100 of assessed value in the
Mission Bell Ranch tract for the maintenance of three street
lights along Del Obispo Street.
It was moved by Councilman Hockscher and seconded by Council-
man Sweeney that the following Resolution, being:
RESOLUTION NO, 76-10-6-7, DETACHMENT FROM LIGHTING
A RESOLUTION OF
THE CITY COUNUIL-01"fHE' ClTrOF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING EXCLUSION OF CERTAIN TERRI-
TORY FROM TUE ORANGE COUNTY STREET LIGHIING MAINTE-
NANCE DISTRICT #1
be adopted. The motion carried by the following vote'
AYES: Councilmen Sweeney, McDowell, Friess, WckschOr
and Mayor Nash
-12- 10/6/76
NOES- None
ABSENT: None
323
The City Clerk is directed to forward a copy of the Resolution
to the Orange County Board of Supervisors requesting exclusion
from the District pursuant to Section 5853 of the Street and
Highway Code.
APPROVAL OF WARRANTS
(41) Council noted Warrants Nos. 8188 and 8234 which represent
travel. advances for City Commissicnors. It was the consensus
of the Council that it would be preferable if travel expenses
were reimbursed after conference attendance; City staff is to
address the problem.
Councilman Sweeney also noted Warrant No. 8227, payable to
Francis L. Norman's Nursery for coimmunity tree planting, in the
amount of $1,611.20. It was the consensus of the Council that
Staff make every effort to deal with local businesses for City
purchases.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that the List of Demands
dated October 6, 1976, Warrants Nos. 8145 through 8269,
inclusive, in the total amount of $182,560.85 be approved
as submitted.
STREET CLOSURE PERMIT - ADIOS A
INAS Y
(87) Council received copies of a report dated October 6, 1976,
from the Director of Public Works advising that the Chamber of
Commerce has requested the closure of Yorba Street and a
portion of El Camino Real to maintain an area for the Arts
and Crafts Festival in conjunction with the annual departure
of the swallows. The Festival is scheduled for October 23 and
24, 1976�
It was moved by Councilman Sweeney, seconded by Councilman
Ileckscher and unanimously carried to approve the request of
the Chamber of Commerce to conduct the Arts and Crafts Festi-
val on October 23 and 24, 1976, and to approve tne closure
of Yorba Street and a portion of El Camino Real in conjunc-
tion therewith.
T ON FEDERAL PUBLIC WORKS ACT OF 1976
(89) In response to Council's request of Septomber 15, 1976, the
Director of Public Works provided copies of a report on
proposed City projects which may qualify for Federal Public
Works Act grant funds. It was tne consensus of the Council
that the matter be discussed at the ineetin& to be held on
October 13, 1976,
TRAFFIC AND TRANSPORTATION COMMISSION - APPOINTMENT
(23) It was moved by Mayor Nash, seconded by Councilman Sweeney
and unanaiiiously carvied that Gary L. HausdorCer be appointed
to the City's Traffic and Transportation Coiamission.
RECESS AND rZECONVENE
Council recessed to executive se�-,slon at 11:25 P.M. and reconvoiled
at 11:40 P.M,
CLAIMS AGAINIST THE CITY
(35) It was moved by Councilman Swc oney, seconded by Councilman
llockschol. and unallimously ca)lried that the 101-10%ving claillis
10/6/76
324
be denied and referred to the City's insurance carrier,
Dan Gorman Insurance -
(1) Claim for personal injuries filed by Oliver Yu;
(2) Claim for personal injuries filed by Brooks B. Allen;
(3) Claim for Taking and Damaging of Property for Public
Use Without Payment of Just Compensation filed by
Glendale Federal Savings and Loan Association.
ADJOURNMENT
Mayor Nash adjourned the meeting at 11:45 P.M. to the next meeting
date of Wednesday, October 13, 1976, at 7:00 P.M. in the Council
Chamber of City Hall for the purpose of considering the remainder
of the items on the October 6, 1976, City Council Agenda.
Approved:
I 77;FK�--�
15ouglas B. N6tfh
Mayor
Respectfully submitted,
Mary AniY/11anover
City CWrk
--ld ... 10/6/'16