76-1103_CC_Minutes_Regular Meeting1Lq
NOVEMBER 3, 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
7:05 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag, Invocation was given by Councilman Kenneth
E. Friess.
ROLL CALL PRESENT: Douglas B. Nash, Mayor
Yvon 0. Heckscher, MayGr 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.
MTNTT_1T11.1q
Adjourned Regular Meeting of October 13, 1976:
Mayor Nash n&�tcdthe ii—mendment made to the first paragraph of
Page 9 of the origina- Minutes by tile City Clerk,
It was moved by Councilman Sweeney, seconded by Councilman McDowell
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of October 13, 1976, be approved as submitted,
Regular Meeting of October 20, 1976:
It was moved by Councilman Sweeney, seconded by Councilman McDowell
and unanimously carried that the Minutes of the Regular Meeting of
October 20, 1976, be approved as submitted, noting that in the
first paragraph of Page 2 the word "invest" should read "vest".
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that all ordinances be read by
title only.
PRESENTATION
(89) HOUSING AND COMMUNITY DEVELOPMENT PROGRAM
Frank McGill of the Housing Division of the Orange County
Environmental Mana,�oj,.ient Agency addressed the Council and
advised that a report has been sent to each City in Orange
County setting forth the provisions for the third year fund-
ing of the Housin.- and Community Development Act Pro.-rairl,
The Federal program was developed for the purpose of provid-
ing viable urban nei-1 borhoods, including housing and onviron-
ment, particularly to those in the low income brackets. The
City's share of third year funding will. be approximately
$35,000. My, McGill advised that cities are beinl urged to
sot more realistic .-oals and to increase citizon involvement
in the formulation of proposals. Proposils and cooperative
agreements are to be submitted to the County by the end of
November. The City Manager advised that the thirO year fund-
in,- would be allocated to the Los Rios Area precise plan.
Mayor Nash thanked Mr. McGill for his presentation.
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E123,.CONTRACTS, AGREEMENTS
LEASE OF TREATMENT PLANT CAPACITY
(S_ANTAN1Aff`GARITA WATER DISTRICT)
(79) Council received copies of a report dated November 3, 1976,
from the Director of Public Works forwarding an amended
Agreement between Santa Margarita Water District and the
City for Interim Treatment and Disposal of Wastewater, as
directed by Council on October 20, 1976.
Council discussed the City Attorney's memorandum dated
Getober 30. Councilman Heckscher stated that he did not
believe the inclusion of a liquidated damages clause would
be desirable. Councilman McDowell noted that consideration
should be given to the formulation of an environmental
impact report approving the lease, Councilman Sweeney reiter-
ated his position that it is inappropriate to lease plant
capacity to another agency when the City is in the midst of
establishing growth management provisions and noted the
letter dated November 3, 1976, from Glendale Federal Savings
expressing similar sentiments. Mr. Sweeney concurred that
consideration should be given to an environmental impact
report; the Director of Public Works advised that the EIR
addresses the SMWD facility and has been fully prepared and
accepted by the District. Councilman Friess inquired if the
City could monitor Santa Margarita's construction progress;
the Director of Public Works advised that the City is in
constant contact with Santa Margarita. Mayor Nash noted that
Glendale Federal's concerns are legitimate concerns and that
the Agreement hac: been structured with consideration of those
factors. Councilman McDowell suggested that Council consider
cutting back the recently increased sewer fees if the Agree-
ment is approved due to the amount of revenue the City will
receive.
Council then discussed the Summary of Quarterly Rates of
Return for Wastewater Treatment Capacity provided by Mr.
O'Sullivan. Councilman Sweeney urged further investigation
of the implications of the lease for landowners in the City,
including a modified EIR on the leasing arrangement, and
noted that he could support the lease if convinced that
assurances were built in.
It was moved by Councilman Heckscher and seconded by Council-
man Friess to adopt the lease Agreement whereby the City will
lease 0.8 MGD capacity to the Santa Mar.-arita Water District,
that tne Mayor be authorized to sign the Agreei��ient attached
to the memorandum dated November 3, 1976, and that the figure
of $15,792.00 be inserted in the blank on Page 5, Paragraph 7
of the A.-reement. The motion carried by the following vote:
AYES: Councilmen Friess, Ileckscher, and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
The figure of $15,792.00 represents the annual amount the SMWD
will pay the City for each 0.1 AIGD of wastewater treatment
capacity utilized, said funds to be payable on a quarterly
basis,
2. EL CAMINO REAL PARK - AGREEMENT FOR
EXTENSION OF TIME FOR FUN-DING-TC-01FNITY Or ORANGE)
(62, Council received copies of a report dated November 3, 1976,
fron, David Smith, Administrative Services Officer, forwarding
an Agreement entitled, "Second Amendment to Joint Powers
Agreement, Fl Camino Rcal Park (formerly hnown as Long Park)"
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3
f
353
providing for an extension of the Agreement dated May 27,
1975, to June 30, 1977,.for the disbursement of revenue
sharing funds.
it was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve the Agreement
extending the time for funding of El Camino Real Park to
June 30, 1977, to authorize the Mayor to execute the Agree-
ment on behalf of the City and the City Clerk to attest
thereto.
In response to an inquiry from Councilman Friess, the Direc-
tor of Public Works advised that payments to the contractor
are being withheld pending the outcome of claims.,
DEL OBISPO STREET/AGUACATE
(83) Council received copies of a report dated November 3, 1976,
from the Director of Public Works requesting that an agree-
ment be entered into with RGB Engineering, Inc., of Irvine,
for the provision of design services for the subject curve
improvement. RGB is preparing improverient plans for Tract
9299 which is located at the northwest corner of the inter-
section, and the developer's engineer is being requested to
provide design services for the entire intersection in order
to avoid duplication of design work. Alternative design plans
were on display for Council review.
Councilman Friess noted that the curve will have an impact
on future improvements to Alipaz Street and access for Agua-
cate Road. Mr. Friess favors the installation of a "T" inter-
section.
It was the consensus of the Council that consideration be
given in the design stage to possible future installation of
traffic signals at the intersection.
It was moved by Councilman McDowell and seconded by Council-
man Sweeney that the following Resolution, being-
UTION NO. 76 -11 -3 -
OB
01nr,�i/AUU111_,A1z IXUAJ� - H nr"�UJLj
TION OF T14EC1'1_'YCOU'NCIL_0F _T11E CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE COMPLETION OF
PLANS AND SPECIFICATIONS FOR THE DEL OBISPO
STREEVAGUACATE ROAD INTERSECTION
be adopted. The motion carried by the following vote:
AYES - Councilmen Sweeney, McDowell, Friess and
Mayor Nash
NOES: Councilman Ifeckscher
ABSENT: None
The Resolution grant s final concept approval to the subject
intersection and authorizes the expLnditurc of :19"d6-77 Capi-
tal Project Funds in an amount not to exceed $7,000.00, pur-
sua,14- to bud-ot Resolu�.ion No. 7G -G-30-1. The funds ar�:. relm-
bursable undor future funding- pro,,,rams.
The Director of Public Works noted that an addition should be
made to the proposed Agreement, is rollows- Page 2, Paragraph
B, add the words, "as per thc conditions of approval or Tonta-
tive Tract 929911 between 11 . . . required of' said devoloper"
and "and costs of.' Improvement,; . . . 11
354
RGB Engineering for design of the Del Obispo Street/Aguacate
Road Intersection, to authorize the Mayor to execute the
Agreement on behalf of the City and the City Clerk to attest
thereto. The motion carried by the following vote.
AYES: Councilmen Sweeney, McDowell, Friess, and
Mayor Nash
NOES: Councilman Ifeckscher
ABSENT: None
4. S;�RRA - ADDENDUM TO JOINT POWERS AGREEMENT TO
ALLOW RE-ENTRY OF CITY OF SAN CLEMENTE
(79) Council received copies of a report dated November 3, 1976,
from James Thorpe, the City's representative to SERRA for-
warding a revised Joint Exercise of Powers A.-reepient to
provide for the re-entry of San Clemente into the membership
of SERRA. San Clemente must become a member of Project Com-
mittee No. 5, the Ocean Outfall, in order to remove the cease
and desist order placed by the State Water Resources Control
Board. Separate agreements on legal and financial conditions
will be required prior to the re-entry.
Mayor Nash questioned the requirement in Paragraph 2 of the
Agreement stating that San Clemente shall not at this time
become a member of Project Committee No. 5 but shall partici-
pate in all costs thereof.
it was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve the Addendum to
the "Joint Exercise of Powers Agreement Creating the South
East Regional Reclamation Authority" in concept and to author-
ize the Mayor to execute the Agreement on behalf of the City.
5. TRAFFIC SIGNAL INSTALLATION, DEL OBI
(82) Council received copies of a report dated November 3, 1976,
frora the Director of Public Works forwarding proposed agree-
ments to be signed by the City prior to County approval of
plans and specifications for the County -City installation of
a traffic signal at the intersection of Del Obispo Street and
Blue Fin Drive, Si.-nalization costs include $35,000 for instal-
lation and $20 per month for maintenance, said costs to be
shared equally by the City and County.
Agn2ement for Fundi_rlj�:
it was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the Agreement
between the City and the County of Orange for funding of the
installation of a traffic signal at the intersection of Del
Obispo Street and Blue Fin Drive, to authorize the Mayor to
execute the Agreement on behalf of the City and the City Clerk
to attest thereto.
Agreement for Maintenance:
as moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to approve the Agreement
I?
between the City and the. County or Orange lor maintenance of
the traffic signal to be installed at the intersection of Del
Obispo Street and Blue. Pin Drive, to authorize the Alayor to
execute the Agreement on behalf of the City and the City Clerk
to attest thereto.
6. SEWER RODDER - AWARD OF BID
(74) Council. received copie,-; of a report dated Novembor 31 1976,
froin the Administralive Services Officer forwarding the
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results of bids received on September,2, 1976, for one
`�ydraulic sewer rodder machine.
355
it was moved by Councilman McDowell and seconded by Council-
man Sweeney to award the bid of the hydraulic sewer rodder
machine to the low qualifying bidder, Flexible Municipal
Sales, in the amount of $6,646.20, to declare the City's
current hydraulic sewer rodder machine surplus, and to
authorize staff to negotiate sale of the surplus equipment.
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, and Mayor Nash
NOES: Councilmen Friess and Heckscher
ABSENT: None
ORAL COMMUNICATIONS
1. PROPOSED GENERAL PLAN AMENDMENT. AGRICULTURAL PRESERVATION
(46) Randy Williams, 29931 Camino Capistrano, addressed the
Council and read his letter dated November 1, 1976, request-
ing that action be taken to remove agricultural preservation
from General Plan Amendment 76-3 due to an improperly noticed
public hearing at the Planning Commission level on October
26, 1976.
The City Manager advised that staff has not been able to
accomplish both growth management and agricultural preserva-
tion procedures within the time allotted; nd at their
October 26 meeting the Planning Commission I recommended that
General Plan Amendment 7G-3 be continued indefinitely. Staff
recommends tha� agricultural preservation be continued for
inclusion in General Plan Amendment 77-1 and that no action
be taken at this time on the proposed ordinance establishing
agricultural preservation fees.
Mayor Nash assured Air. Williams that the City Council has
been scrupulous in following proper and legal procedures and
fully intends to continue doing so.
The Director of Planning advised that the October 26 Planning
Commission Plublic Hearing was planned to be continued, and
property owners received a notice of that continuance, The
intent was to fully comply with the notification process. The
Deputy City Attorney had advised that as long as the Public
Hearing was continued and no testimony taken, there was no
injury and thus no damage. Councilman Friess noted that there
was inconvenience to those concerned and apologized to the
affected parties for any inconvenience.
It was moved by Councilman Friess, seconded by Councilman
Sweeney and unanimously carried that, recognizing the prob-
lems of completion and compliance with proper public hearings,
the City Council terminate consideration of agricultural
preservation under General Plan Amendment 76-03 and request
that Staff return the matter for Council consideration under
General Plan Amendment 77-1.
2. PROPOSED ORDINANCE ESTABLISHING FrES-FOR
WGRICULTURAL PRESERVATION
(68) The following persons addreSSed the Council with regard to
the above-entilled matter:
(1) Dale Eirstine, 30936 Pasco Mar A-ul, read his letter
dated November 3, 1976, in opposition to paying for
farmlands ano urging- that revenue,; from the lease of
-.ewer plant capacity be applied to the City's sewer
system;
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(2) Gary Hausdorfor, 26851 Calle Canto, spoke in favor of
the Ordinance;
(3) Geprge Masbmeir, representing Mariners Savings & Loan
and owners of commercial property in the City, spoke
in opposition to the Ordinance;
(4) Charles Vermoulen, property owner on Del Obispo Street,
spoke in opposition;
(5) Bruce Church, 26851 Canyon Crest, President, San Juan
Alliance of Homeowners, spoke in favor;
(6) Lou Canter, Paseo do Hermosa, spoke in opposition to
the Ordinance and also urged reconsideration of leasing
treatment plant capacity;
(7) Duke Folkers, 2722-C Calle Caballero, voiced his confi-
dence in the Council;
(8) Michael Berns, 26921 Canyon Crest, spoke in favor of the
Ordinance;
(9) Bill Bathgate, 29643 Camino Capistrano, noted that the
General Plan provides that costs of open space and
agriculture will be paid for by all taxpayers in the City;
(10) Tony Forster, Guadalupe, cited the Opinion of the City
Attorney regarding Proposition A included with the March
2, 1976, ballot materials and stated the Council appears
to be in di-ect contravention of the Opinion.
3. LEASE OF TREATMENT PLANT CAPACITY
(79) (1) David Recupero, representing Glendale Federal Savings
and Loan Association, read his letter dated November 3,
1976, protesting the lease of sewerage treatment plant
capacity;
(2) Gus Gilfillen, representing Mission Hills Ranch, Inc.,
4300 Campus Drive, Newport Beach, urged reconsideration
of Council action approving the lease of treatment plant
capacity.
4. CAPISTRANO COMMUNITY AFFAIRS COUNCIL
(61) Marilyn Williams, Secretary of the Capistrano Community Affairs
Council, read her letter dated November 3, 1976, setting forth
questions on public issues, i.e., use of funds from the lease
of treatment plant capacity, sewer fees, tax refunds, fire
station, consultant projects.
5. HOUSING AND COMMUNITY DEVELOPMENT ACT PROGRAM
(89) Leona Fitzpatrick, President of the Chamber of Commerce,
questioned the feasibility of the City subsidizing housing
which is only for Federally -employed persons.
Mayor Nash requested that the City Manager investigate whether
the HCDA Program is solely for the Federally employed and pro-
vide Council with a report.
ORDINANCES
1. PROPOSED ORDINANCE RE AGRICULTURAL PRESERVATION
(68) Council received copies of two reports dated November 3, 1976,
from the Director of Administrative Servicos/Assistant City
Manager regavding interim agricultural preservation fees and
the establishment of a fund for rotcntion of the foes. Cop3es
of a proposed Ordinance reflecting changes requested by Council
on October 13 were also included.
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357
Council also received copies of the"following correspondence:
(1) Telegram dated November 2, 1976, in opposition to the
Ordinance, from F.E., R.E., and A.B. Birtcher, and
Birtcher Pacific;
(2) Letter dated October 26, 1976, from Paul T. Salata,
4321 Birch Street, Newport Beach, in opposition to the
Ordinance;
(3) Letter dated October 31, 1976, from Douglas F. MacGregor,
26535 Pasco Santa Clara, in support of agricultural
preservation;
(4) Letter dated November 3, 1976, from Helen T. Davis,
26384 Oso Road, in support of agricultural preservation.
It was moved by Councilman Friess and seconded by Councilman
Sweeney that the Ordinance establishing agricultural preserva-
tion fees be tabled. The motion was subsequently withdrawn.
It was moved by Councilman Sweeney and seconded by Council-
man McDowell to determine that the Ordinance is not needed at
this time. The motion failed by the following vote:
AYES: Councilmen Sweeney and McDowell
NOES: Councilmen Friess, Heckscher, and Mayor Nash
ABSENT: None
It was moved by Councilman Friess and seconded by Councilman
Heckscher to continue this particular issue to a time to be
announced and upon receipt of input frGm staff, with the
matter to be placed on a Council Agenda thereafter. With the
concurrence of the second, Councilman Friess then withdrew
the motion.
With the concurrence of the Council, Mayor Nash then continued
the matter to a later date.
RECESS AND RECONVENE
Council recessed at 9:18 P.M. and reconvened at 9:39 P.M.
RESOLUTIONS
1. PROPOSED RESOLUTION ESTABLISHING
ICULTURAL PRESERVATION FUND
(68) Council received copies of a proposed Resolution which would
establish an Agricultural Preservation Fund to receive monies
designated by tne City Council for agricultural preservation.
Councilman Sweeney noted his opposition to the proposed fund
without considering further input from staff and opposed fur-
ther discussion without first establishing the source of funds.
Councilman Friess noted lie would support an Agricultural
Preservation Fund without considering sources of the revenues.
Mayor Nash concurred and coimnented that the initiation of an
administrative framework would be provided.
It was moved by Mayor Nash and -seconded by Councilman Friess
that the following Resolution, being:
RESOLUTION NO. 76-11-3-2, AGRICULTURAL PRESERVATION
GT -11 OF — N—JUA-_ 1—
FUND - A RESOLUTION ' 11E_CFFFY � S�A, NT CA )I S
TRANO, CALIFORNIA, ESTABLISHING AN AGRICULTURAL
PRESE)INTATION FUND
be adopted. The motion carried by the following vote:
AYES
NOES:
Councilmen rri(ss, Ilocksebor and Mayor Nash
Councilmen Sweeney and McDowell
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ABSENT: None
Mayor Nash then pledged the sum of $500 of his personal
funds, to be deducted from his councilmanic salary for the
next year, to start the fund established by the above Reso-
lution, Mayor Nash urged anyone within or outside of the
City to consider making contributions to this fund; the
City is well known throughout Orange County and the State
for attempting the unusual while recognizing we have
resources we wish to preserve, the prevailing feeling being
that we shouldn't squander those resources; organizations
are urged to contribute to the fund.
Councilman Sweeney urgeC that a plan be forthcoming on how
the fund will approach the problem of the costs of agricul-
tural lands.
Councilman Heckscher noted the many meetings already held
on the subject and stated that the establishment of the
fund is a demonstration of commitment to agricultural pres-
ervation.
Councilman McDowell noted that if there is a water shortage,
agriculture would be the first use cut off.
ORDINANCES
1. REZONE 76-12 TENTATIVE TRACT 9373 (PA
(95) The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. The Ordinance vas regularly intro-
duced at the meeting of October 20, 1976, and is ready for
adoption.
It was moved by Councilman McDowell, and seconded by Council-
man Heckscher that the following Ordinance, being:
ORDINANCE NO, 313, REZONE 76-12 (TRACT 9373) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293, AS AMENDED'BY ORDINANCE NO.
312, BY CHANGING THE ZONING OF LOTS 17 THROUGH 22
OF TRACT 9373 FROM RS (SINGLE FAMILY) TO ES (SMALL
ESTATE)
be adopted. The motion carried by the following veto:
AYES: Councilmen Friess, Heckscher, McDowell,
Sweeney, and Mayor Nash
NOES: None
ABSENT: None
RESOLUTIONS
:I. REQUESTS FOR WAIVERS OF DEVELOPMENT PHASING
ORDINANCE NO. 308, TRACTS 8087 AND 7616
(85) Council received copies of a report dated November 3, 1-976,
from the Director of Planning forwarding two resolutions
setting forth Council action-, of October 20, 1976, with
regard to requests, for waivers of the provisions of Ordinance
No. 308, development phasing for approved subdivisions.
Tract 80,137
Council directed Lhat Lhe following amendments be made to the
proposed Resolution of approval:
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I .
359
The first sentence of Paragraph No. I is to - -
read as follows: "There is a continuing problem
to traffic and pedestrian safety, resulting
from construction traffic on Via do Agua extend-
ing through existing residential neighborhoods
to the project site.''
2. A Paragraph No. 3 is to be added to the Resolu-
tion, as follows: "Ordinance No. 308 is a tempor-
ary urgency ordinance which will expire in January,
1977, At that time, these growth management require-
ments will be thoroughly reviewed within the con-
text of the City's entire growth management program.
Modifications may be made., if deemed necessary, at
that time.''
It was moved by Councilman McDowell, and seconded by Council-
man Sweeney that the following Resolution, being:
RESOLUTION NO, 76-11-3-3, WAIVER OF DEVELOPMENT
PHASING (CRAIG/MEREDITH) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A REQUEST FOR RELIEF FROM
THE PROVISIONS OF ORDINANCE NO. 308 FOR TENTATIVE
TRACT 8087
be adopted. The motion carried by the following vote:
AYES- Councilmen Friess, Heckscher, McDowell, Sweeney,
and Mayor Nash
NOES: None
ABSENT: None
Tract 7616 (Westport):
It was moved by Councilman Heckscher and seconded by Council-
man Friess that the following Resolution, being:
RESOLUTION NO. 76-11-3-4, DENIAL OF WAIVER OF
DEVELOPMENT PHASING (WESTPORT) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING A REQUEST FOR
RELIEF FROM THE PROVISIONS OF ORDINANCE NO. 308
FOR TENTATIVE TRACT 7616
be adopted. The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell, Sweeney,
and Mayor Nash
NOES: None
ABSENT: None
2. PARKING RESTRICTIONS - RANCHO VIEJO ROAD
(64) Council received copies of a report dated November 3, 1976,
from George Alvarez, Traffic Engineer, forwarding the recom-
mendation of the Traffic and Transportation Commission that
the public rights-of-way east of Rancho Viejo Road and
adjacent to Village San Juan be designated as "No Parking''
areas. Numerous complaints of nuisances have been received
due to vehicles parking in the area for sales purposes.
Councilman Heckscher noted that sinco this is City property,
a beautification program should be considered for the area,
due to its unkempt appearance. Mayor Nash advised that the
City Manager is in coniact with the homeowners association
in this regard; since the project is sold out, the Diyoctor
-9- 11/3/76
3 6 0 of Planning is requesting the developer to remove the
advertising flags at the site.
It was moved by Councilman Sweeney and seconded by Council-
man Friess that the following Resolution, being:
ON NO. 76-11-3-5, PARKING REGULATIONS -
WVWWjW AK01 UT AnAo"v vivou AVA" -
A RESOLUTIO OF TEE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
"NO PARKING" AREAS ON THE EAST SIDE OF RANCHO
VIEJO ROAD BETWEEN VILLAGE ROAD AND 320' NORTHERLY
AND THAT PORTION OF DEDICATED RIGHT-OF-WAY BETWEEN
VILLAGE ROAD AND ROSENBAUM ROAD
be adopted. The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell,
Sweeney, and Mayor Nash
NOES: None
ABSENT: None
CONSENT CALENDAR
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that the staff recommendations be accepted with regard
to all items listed on the Consent Calendar. The motion carried
by the following vote:
AYES: Councilmen Friess, Hockscher, McDowell,
Sweeney, and Mayor Nash
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated November 3, 1976, Warrants Nos. 8393
through 8488, inclusive, and 1911 Act Account Warrant No. 0187,
in the total amount of $169,254.44 is approved as submitted.
2. REPORT OF PLANNING COMMISSION MEETING OF OCTOBER_261 QL76
(67) The Report of actions taken by the Planning Commission at its
regular meeting of October 26, 1976, is ordered received and
filed.
SUBDIVISIONS AND ANNEXATIONS
1. -DIVISION OF LAND 76-11 (McMECHAN
(85) Council received copies of a report dated November 3, 1976,
from the Director of Planning forwarding the recommendation
made by the Planning Commission at their meeting of October
12, 1976, that the Tentative Parcel Map for Division of Land
76-11 be approved. The proposal is for a division of approxi-
mately 13.3 acres into four parcels located on Assessor's
Parcel No. 649-091-01. The applicant is Richard L. McMccban,
31878 Camino Capistrano, Suite 270, San Juan Capistrano. Mr.
McMechau addressed the Council.
Council discussed the possibility of requiring the formation
of an assessment district for the purpose of inslalliug�
street improvemouLs. Mayor Nash expressed concern that the
Land Use Management Code allows the division of land process
to circumvent the City's subdivision requirements.
It was moved by Councilman Friess, seconded by Councilman
Sweeney and unanimously carried to approve Division of Land
_10- 11/3/76
.361
76-11 subject to the findings and conditions specified in
the Planning Commission Resolution of approval No.
PC76-10-12-2 with the addition of the following sentence
to Condition 6 thereof: "All property owners shall be
required to enter into an agreement for the construction
of the future public improvements."
2. DIVISION OF LAND 76-12 (LOAR/STINSON)
(85) Council received copies of a report dated November 3, 1976,
from the Director of Planning forwarding the recommendation
made by the Planning Commission at their meeting of October
12, 1976, that the Tentative Parcel Map for Division of land
76-12 be approved. The proposal is for a division of approxi-
mately 1.5 acres into three residential lots located on the
private road extension of Valle Road, The applicants are
Stephen Lear and Dean Stinson, 2775 Mesa Verde East, Costa
Mesa.
Council discussed the question of access to the property and
the requirements for construction of the private road, as
set forth in Condition 6 of the Planning Commission Resolu-
tion of approval. Councilman Heckscher suggested that road
improvements be required prior to the issuance of the first
occupancy permit, Councilman Friess requested that staff
address the issue of a public road vs. a private road, since
the Land Use Management Code provides that no more than 12
homes shall be served by a private road.
Mr. Lear addressed the Council and advised that he and Mr,
Stinson have agreed to p. -Y their share of the road improve-
ments. The Director of Planning advised that Coastal Develop-
ers, the applicants for Division of Land 76-3, have also
agreed to pay their share of improvements.
It was moved by Councilman McDowell and seconded by Council-
man Heckscher to approve Division of Land 76-12 subject to
the findings and conditions specified in the Planning Commis-
sion Resolution of approval No. PC 76-10-12-6. The motion
carried by the following vote:
AYES: Councilmen Sweeney, McDowell, and Heckscher
NOES: Councilman Friess and Mayor Nash
ABSENT: None
CULTURAL HERITAGE COMMISSION
1. MONTANEZ ADOBE - CONSULTANT'S REPORT
(23) Council received copies of a report dated November 3, 1976,
from the Director of Administrative Services/Assistant City
Manager forwarding the recommendation of the Cultural
Heritage Commission that frame additions made to the Montanez
Adobe in the 10-30's and 1940's be removed. Forwarded also
were copies of reports submitted by Jim Goodell of the Arroyo
Group, John Volz of the National Trust for Historic Preserva-
tion, and a minority report filed by Commissioners Boucher
and Forster, The County of Orange has budgeted $40,000 for
the rostoration of the Adobe.
The following persons addressed the Council:
1. Ann(, Schauivocker, President of tne San Juan Capistrano
Historical Society, advised that the Society would con-
cur with the recommendations of the County regarding
removal of the additions ano i,.olod that the Adobe is
the only outlying buildli,g from the Mission that can be
re -built io its origilial state as lived 'In by the
Indians.
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2. Janet Boucher, Cultural Heritage Commissioner, rocom-
mended that each of the points of view on restoration
be forwarded to the County.
3. Loreen Dawson, Chairman of the Walking Tours, advised
that the Tour Guides began polling opinions in Decem-
ber of 1975 and 997o of those polled preferred that the
Adobe additions remain.
It was moved by Councilman Friess, seconded by Councilman
McDowell and unanimously carried to recommend to the County
that the Adobe be preserved and that all reports, including
that of the Walking Tour Guides, be referred to the County
for their recommendation on the type of preservntion to be
undertaken within the funds available.
PLANNING COMMISSION
I
SSION DECISION RE BILLBOARD
Q T NTO I
(25) Council received copies of a report dated November 3, 1976,
from the Director of Planning recommending that the Planning
Commission decision of September 28, 1976, be upheld and
that the billboard located on Assessor's Parcel No. 121-171-17
be required to be removed in accordance with the Land Use
Management Code.
Council also received copies of a letter dated October 6, 1976,
from Jay Kingry of Pacific Outdoor Advertising Co., 1740
Narva Street, Lo.:, Angeles, appealing the Com -mission decision.
Mr. Kingry addressed the Council and requested that the sign
be allowed to remain indefinitely until the property is
developed for another purpose, at such time the permit to
be cancellable upon 30 -days notice. Mr. Kingry further
requested that an electrical permit be allowed and stated
that the value of the sign is in its rental value.
In response to an inquiry from Mayor Nash, Mr. Kingry advised
that his company was aware of the sign abatement schedule at
the time of purchasing the billboard.
Councilman McDowell stated that in his opinion the sign is
neither a nuisance nor a hazard.
It was moved by Councilman Sweeney and seconded by Council-
man Heckscher to upheld the Planning Commission action and
0
require the removal of the subject sign in accordance with
Ordinance No. 293, the Land Use Management Code. The motion
carried by the following vote:
AYES: Councilmen Sweeney, rriess, Heckscher, and
Mayor Nash
NOES: Councilman McDowell
ABSENT: None
TRAFFIC AND TRANSPORTATION COMMISSION
1. APPOINTMENT OF COMMISSIONERS GREEN AND NELSON
(23) It was moved by Councilman Friess, seconded by Councilman
Reckscher and unanimously cnrriod that Raymond Green and
Richard Nelson be appointed to fill the existing vacancies
on the Traffic and Transportation Commission.
COUNCIL RE1,11ARKS
1. CITY NEVIISLETTER
(33 2 Councilman Fricqs urged that action be tnken to publish a
1.
City nowsletter since the funds are budget.(.!d.
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2. OLD MISSION BICENTENNIAL 363
(61) Mayor Nash expressed his appreciation to Father Martin for
tilo copy of the bicentennial publication Old Alission Sall
Juan Ca istrailo, 1776 - 1976 pi,esented to tile City, for the
events held on November I in celebrating the founding of
the Mission, and for Father Martin's participation on that
day in the dedication of El Camino Real Park, the burial of
the time capsule, and the unveiling of the State Bicentennial
Plaque.
3. CITY SELECTION COMMITTEE
(59) It was moved by Mayor Nash, seconded by Councilman Heckscher
and unanimously carried that the Mayor be authorized to
vote for Sonia Sonju, Councilman for the City of Cypress, for
a position on the Air Pollution Control District.
RECESS AND RECONVENE
Council recessed to Executive Session at 11:40 P.M., the City
Clerk being excused therefrom, and reconvened at 12:18 A.M.
PERSONNEL - CITY MANAGER'S SALARY
(66) It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve an increase in
the City Manager's salary to $37,000 per year, effective
January 8, 1977.
ADJOURNMENT
There being no further'business before the Council, the meeting
was adjourned at 12:30 A.M., November 4, 1976, to the next regular
meeting date of Wednesday, November 17, 1976, at 7:00 P.M. in the
City Council Chamber.
Approved:
DOUGLAS J3�NASH, MAYOR
Respectfully submitted,
1 -2z
Mary Ann Hbnover
City ClerC
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