76-1201_CC_Minutes_Regular MeetingDECEMBER 1, 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
7:09 P.M. in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Dr. Milford
Baker, Capistrano Valley Baptist Church.
ROLL CALL PRESENT: Douglas B. Nash, Mayor
Yvon 0. Heckscher, Mayor pro tem
Councilman Kenneth E. Friess
Councilman John B. Sweeney
ABSENT: Councilman Richard B. McDowell
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Acbninistrative Services/Assistant City Manager;
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.
CITY COUNCIL
(32) Mayor Nash announced that Councilman McDowell had suffered
a heart attack on November 29 and was recuperating at
South Coast Ho-pital. Mayor Nash extended best wishes to
Mr. McDowell from the Members of the City Council, staff
and community for a speedy recovery.
MINUTES
Regular Meeting of November 17, 1976:
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that the Minutes of the Regular Meeting of November 17,
1976, be approved with the following corrections: (1) Pages 8,
9, and 10, Parcel Maps for Divisions of Land 76-1, 76-2, and
76-3, Insert the word "public" in the last sentence of each item
before the words". . . sanitary sewer system"; and (2) Page 12,
General Plan Amendment 76-2C, insert the.following sentence
between the first and second paragraphs: "Councilman Friess stated
that he had no misunderstanding about the number of acres involved."
The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Heckscher and
Mayor Nash
NOESt None
ABSENT: Councilman McDowell
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.
BIDS, CONTRACTS, AGREEMENTS
1. PARK MAINTENANCE, JUNIPERO SERRA AND EL CAMINO REAL PARKS -
(74) Council received copies of a report dated December 1, 1976,
from the Director of Public Works forwarding copies of pro-
posed Notice Inviting Bids, Specifications, and Agreements
for Contract of Junipero Serra Park and _7`1
Camino Real Park.
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It was moved by Councilman Sweeney, seconded by Council-
man Heckscher and unanimously carried to approve the
Specifications and Agreements for the maintenance of
Junipero Serra and El Camino Real Parks and to authorize
the City Engineer to call for bids.
2. MAJOR STREET REPAIRS, 1976-77 - APPROVAL
(74) Council received copies of a report dated December 1, 1976,
from the Director of Public Works forwarding cost estimates
in the total amount of $26,800 for repairs and construction
to portions of streets and/or sidewalks at the following
locations: Del Obispo Street at Camino Capistrano; Camino
del Avion; Calle Chueca. El Camino Real; Via El Socorro.
The sum of $30,000 is ailocated in the 1976-77 fiscal bud-
get for major street repairs.
Exhibits indicating the locations of the proposed improve-
ments were available for Council review.
With regard to Item No. 2, the installation of an asphalt/
concrete sidewalk along Camino del Avion from Via del Amo
to Alipaz Street, Councilman Friess inquired into probable
costs of providing a chain link fence between the sidewalk
and the Kinoshita Farms property. It was the consensus of
the Council that this matter be returned to Council as a
separate item including costs of fence installation. The
Director of Public Works is to discuss the matter with the
property owner, Shigeru Kinoshita.
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried to approve the plans and
specifications for Major Improvements of Streets and Side-
walks in the City of San Juan Capistrano excluding the
installation of an asphalt/concrete sidewalk on the north
side of Camino del Avion between Via del Amo and Alipaz
Street and to authorize the City Manager to advertise for
bids.
PUBLIC HEARINGS I
1. CONDITIONAL USE PERMIT 76-5, REZONE,76-6, AND
TENTATIVE TRACT 9339 (STANDARD PACIFIC CORPORATION)
(85) Council received copies of a report dated December 1, 1976,
from the Director of Planning forwarding the recommendation
made by the Planning Commission at its meeting of October
26, 1976, that CUP 76-5, Rezone 76-6, and Tentative Tract
9339 be denied. The proposal is for a subdivision of approxi-
mately 7.1 acres of land located on the southeast corner of
Alipaz Street and Del Obispo Street known as Assessor's
Parcel No. 121-171-01. The applicant is requesting a zone
change from RM (Multiple Family) to RD (Garden Home) and a
reduction in minimum lot size for 20 duplexes and 2 common
lots. The applicant is Standard Pacific Corporation, 1565
West MacArthur Boulevard, Costa Mesa.
Notice having been given as required by law, Mayor Nash
declared the PublicHearin.g open and inquired if anyone in
the audience wished to address the Council.
David Langlois, representing Standard Pacific Corporation,
addressed the Council and advised that the proposal is
significantly below the density set forth in the General
Plan and requested advice regarding in acceptable land use
for the property.
There being no further response, Mayor Nash declared tile
Public Hearing closed.
Councilman Sweeney noted that Planning Commissioners had
not objected to the proposed density of tile projecL and sug-
gested that the line tip of units at tile perimeter
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3,81
of the project is the problem; RM zoning would result in
higher density on the property. The Director of Planning
advised that the Commission would prefer the property
developed under the existing zoning which would allow from
10 to 12 additional units, Mayor Nash noted that RM zoning
would require clustering of the project and thus provide
additional open space.
It was moved by Councilman Friess, seconded by Councilman
Heckscher and unanimously carried to accept the Planning
Commission recommendation that Conditional Use Permit 76-5
be denied and to take action to deny Rezone 76-6 and Tenta-
tive Tract 9339 based upon the findings of Planning Com-
mission Resolutions PC 76-10-26-1 and PC 76-10-26-2.
2. GROWTH MANAGEMENT SYSTEM FOR NEW RESIDENTIAL DEVELOPMENT
(28) Council received copies of a report dated December 1, 1976,
from the Director of Planning forwarding a proposed mechan-
ism for the control of new residential building development
in the City. The report includes the staff report submitted
to the Planning Commission on November 23, 1976; a proposed
Ordinance for adoption by the City Council; preliminary
draft of an Environmental Assessment of Growth Management;
a study on the Effects of Growth: Municipal Services, Facil-
ities, and Finances; and,a Summary of Input from Individuals
and Organizations.
The City Manager cited the background leading up to the pro-
posed adoption of a Growth Management System including the
Citizens' Policy Plan, the moratorium which was instituted
to provide time for completion of the General Plan, the
adoption of the Land Use Management Code and 5 -year budget.
It is proposed that upon adoption of the residential growth
management system the 5 -year budget and City priorities will
be reconsidered with receipt of citizen and organization
input.
The Director of Planning noted that processes for growth
management are nation-wide and read an article entitled
"Population Growth Management"from a League of California
Cities publication. He advised that the Growth Management
Committee has recommended that the optimum increase of
housing units be limited to 350 units per year in order to
be consistent with adopted General Plan goals for environ-
mental quality and economic stability. Mr. Merrell displayed
technical graphs showing the effects of growth rates on the
City's projected revenues and expenditures as set forth in
the 5 -year budget and noted that the figures are based on
maintaining the current tax rate and levels of service while
following the General Plan. Council Members then discussed
various provisions of the proposed Ordinance with Mr. Merrell.
RECESS AND RECONVENE
Council recessed at 9:00 P.M. and reconvened at 9:15 P.M.
Public Hearing:
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the proposed adoption
of a Growth Management System and inquired if anyone in the
audience wished to address the Council. The following per-
sons responded in support of a growth management system:
1. Bob Olson, 27061 Mission Hills Drive;
2. Robert Davies, Planning Commissioner, 29391 Edgewood
Road;
3. Bruce Church, San Juan Alliance of Homeowners, 26851
Canyon Crest Road;
4. Duke Folkers, 27202 Calle Caballero;
5. Richard Wyndhamsmith, 26416 Brookfield Road;
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6. Charles Buck, President, Town Hall Association, 27081
Mission Hills Drive;
7. Anne Schauwecker, Pasco Don Jose;
8. Fran Frost, 31301 Paseo Nogal;
9. Roberta Berns, 26921 Canyon Crest Road;
10. Sharon Allen, 332432 Via Mayor.
The following per�sons responded in opposition to a growth
mana gement system:
1. Jim Beam, Executive Director, Orange County Chapter of
the Building and Industry Association, 17291 Irvine
Boulevard, Tustin;
2. David Recupero, representing Glendale Federal Savings
& Loan, 401 North Brand, Glendale;
3. Alfred R. Gray, Executive Secretary of the Building
and Construction Trades Council of Orange County;
4. Leona Fitzpatrick, President of the Chamber. of Commerce;
5. William R. William, P.O. Box 297;
6. Edwin Clarke, 32202 Alipaz Street;
�7. Tony Forster, Capistrano Business and Property owners,
31312 Guadalupe;
8. Dale Kirstine, 30936 Paseo Mar Azul;
9. Lou Conter, 32022 Paseo de Hermosa;
The following persons also addressed the Council:
1. Marilyn Williams, Secretary, Capistrano Community
Affairs Council, 25952 Avenida Mariposa, requested
that the Public Hearing be continued pending revision
of the financial aspects of the report;
2. Lawrence Buchheim, Avenida Evita (P.O. Box 25), stated
that although he would favor some type of growth con-
trol, further study should be undertaken with land-
owners' views addressed more closely.
The following written correspondence was received at the
meeting:
1. Capistrano Community Affairs Council, letter dated
November 30, 1976;
2. Town Hall Association of San Juan Capistrano, Inc.,
letter dated December 1, 1976;
3. William R. Williams, letter dated December 1, 1976.
There being no one else wishing to address the Council,
Mayor Nash declared the Public Hearing closed and asked for
comment from individual Council members.
Councilman Sweeney stated that he is not ready to take action
on the Ordinance, although he favors growth control. Air.
Sweeney requested a closer look at the staff financial
impact data regarding numbers of units; requested direct
information from the Sheriff's office on the staff's projec-
tions of public safety costs; stated that lie had hoped the
bonus aspects of the point rating system of the Ordinance
would have included such items as golf courses or sufficient
open space to allow developers exemptions from the per year
unit allocations; and stated that provisions for energy
conservation such as solar heating should be included.
Mayor Nash stated that he is satisfied with the Ordinance
as a whole and that the limit on now construction to 350
residential units per year is acceptable as a reasonable,
number. Mr. Nash stated lie would prefer that criteria No. 8
of the Project Rating Scale be more sensitive to resource
conservation and that a higher point rating be given to
No. 10, provisions for open space.
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I
383
Councilman Heekscher stated he is generally in favor of
the Ordinance concept but that the viability of the com-
mercial sector would be impacted. Mr. Heckscher suggested
that staff be directed to provide Council with a plan to
accommodate phased commercial development in a manner com-
patible with the phasing of residential development and
other local needs. With regard to Nos. 6 and 7 of the Pro-
ject Rating Scale', if projects do not require variances or
General -Plan Amendments, there should be no allocation of
points; No. 12, maximum General Plan density, points should
be decreased; No. 11, Private Recreation Facilities, points
should be increased. Mr. Heckscher suggested that the Rating
Scale be set by Council Resolution rather than being an inte-
gral part of the Ordinance and also suggested consideration
of an increase in the number of units allowed per year.
Councilman Friess stated he agrees with the total concept
of the Ordinance and stated that although numerical limits
were not originally part of the Ordinance, the total number
of dwelling units permitted in a calendar year should be
established by a definite number. Mr. Friess has served
with Planning Commissioner Davies on the Growth Management
Committee since the Council/Commission joint meeting of
September 29 which established the goals and objectives of
growth management.
It was moved by Councilman Sweeney that the Ordinance be
referred back to staff for refinement of the areas discussed
by Council and returned to Council at the next regular meet-
ing. The motion died for lack of a second.
Councilman Heckscher suggested that the numbers of allowable
dwelling units be increased to 400 per year.
It was the consensus of the Council. that the following
amendments be made to the Ordinance:
1. Section 3, Exemptions, paragraph No. 1 entitled Small
Projects, delete the second sentence reading, "However,
such project sites must be individual parcels of record
on the effective date of this Ordinance."
2. Section 4, Annual Numerical Limits, Paragraph A, the
last sentence shall read, "TheNumerical Limit shall
provide for an addition to the City's housing stock
of not greater than 400 units per year."
3. A paragraph is to be added to the Ordinance which would
establish the Project Rating Scale by Resolution of the
City Council.
4. Section 5, Review Procedures - Residential Development,
Paragraph B, Preliminary Screening, delete the fourth
sentence reading, "A score of less than 25 points on
Specific Criteria may be grounds for denial of the
project during concept review (ref. Paragraph Dl,
following)."
5. Section 5, Review Procedures - Residential Development,
Paragraph D, subparagraph 1, Concept Review, the first
sentence shall read,, "Following environmental review,
projects shall be forwarded to the Planning Commission
and thereafter to the City Council for concept review."
Ordinance No. 314, Introduction:
The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman Friess
and seconded by Councilman Ileckscher that the following
Ordinance, being -
ORDINANCE NO..314, RESIDENTIAL GROWTH MANAGEMENT -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
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384
CALIFORNIA, PROVIDING A SYSTEM TO DIRECT AND
MANAGE THE RATE OF NEW RESIDENTIAL DEVELOPMENT
IN THE CITY
be introduced as amended, The motion carried by the follow-
ing vote:
AYES: Councilmen Friess, Heckscher, and Mayor Nash
NOES: Councilman Sweeney
ABSENT: Councilman McDowell
Councilman Sweeney stated for the record that his vote was
in the negative due to a lack of time to assimilate and
question the financial impact data that has been presented
by staff.
ORAL
COMMUNICATIONS
1.
PROPOSED CITY NEWSLETTER
(32)
Valerie Powers, 33262 -Via Mayor, addressed the Council and
read a letter dated November 26, 1976, signed by 13 persons
requesting Council reconsideration of the decision made on
November 17 in authorizing the compilation of a City news-
letter by paid local residents.
Mrs. Irene Weis, 25672 Calle Jardin, addressed the Council
and stated that -City staff should prepare any City newsletters.
The City Manager advised that a great dLal of public input
has been received with regard to the proposed newsletter and
suggested-tbat upon publication of the first edition, Council
reconsider and review the matter.
Councilman Friess stated that the newsletter had been proposed
as a public service, but that the original concept bad been
.lost. Mr. Friess apologized to everyone concerned.
It'was moved by Councilman Heckscher and seconded by Council-
man Sweeney that the entire newsletter project be cancelled,
The motion carried by the following vote:
AYES: Councilmen Sweeney, Heckscher, and Mayor Nash
NOES: Councilman Friess
ABSENT: Councilman McDowell
RESOLUTIONS
It was the consensus of the Council that the three Resolutions
listed on the Agenda be considered at the next regular Council
meeting due to the lateness of the hour.
CONSENT CALENDAR
Councilman Heckscher made note of Warrant 8632 for reimbursement
of petty cash, and requested a report on the burglary of City
offices which occurred on November 22, 1976.
It was moved by Councilman Heckscher and seconded by Mayor Nash
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 Sweeney, Friess, Heckscher, and
Mayor Nash
NOES: None
ABSENT: Councilman McDowell
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1. APPROVAL OF WARRANTS 8
(41) The List of Demands dated December 1, 1976, Warrants Nos.
8604 through 8649, inclusive, and 1911 Act Account Warrant
No. 0189, in the total amount of $65,540.52 are approved
as submitted.
2.
(80) The Easement Deed for storm drain purposes across the Alipaz
Street right-of-way is accepted from Kinoshita Properties,
and the City Clerk is authorized to certify acceptance and
record the Easement Deed.
3. PUBLIC IMPROVEMENTS AT EL HORNO AND LA CALERA
ACCEPTANCE OF LETTER OF CREDIT ILET�T_I_NGER)
(83) The Letter of Credit from Mission Bank in the amount of
$1,860 - is accepted as the surety device from Mr. Daniel
Letsinger for the proposed public improvements at the south-
east corner of El Horno and La Calera Streets. The improve-
ments include curb and gutter, drive approach, and sewer
lateral; required fees in the total amount of $955.63 have
been paid.
4. TRACT 5996, RELEASE OF BONDS (CUNNINGHAM)
(85) This item was withdrawn from the Agenda pending correction
of construction deficiencies.
5. CLAIM FOR DAMAGES (MULLER)
..(35) The Claim Against Public Entity in the amount of $50,000
from John F. Farrell, Attorney at Law, on behalf of Jerome
J. and Maggie Muller, for injuries allegedly sustained on
July 29, 1976, is denied and referred to the City's insurance
carrier, Qu i nlan Insurance, Inc.
DIRECTOR OF PLANNING
1. TREE REMOVAL, ALIPAZ STREET (OLSEN)
(74) It was moved by -Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the removal of a
101 pepper tree on Alipaz Street in conjunction with the
public improvements required for the Roland Olsen Office and
Industrial Building, Architectural Control 75-3.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. STREET LIGHT STUDY - ECONOMIC ANALYSIS
(53) Council received copies of a report dated December 1, 1976,
from the Director of Public Works forwarding the Street Light
Study dated November 15, 1976, compiled by Utility Planning,
Inc. of Mission Viejo.
It was moved by Councilman Sweeney, seconded by Councilman
Reckscher and unanimously carried to approve the "Street
Light Study" prepared by Utility Planning, Inc., and direct
staff to implement the recommendations of providing City -
owned street lighting; contract maintenance is to be provided
by San Diego Gas & Electric Company. Staff is authorized to
make full payment for the study in an aniount not to exceed
$3,500.
2. STREET LIGHTING -
(53) Council received copies of a report dated December 1, 1976,
from the Director of Public Works forwarding copies of a
Proce.ss for Evaluating Existing Street Lighting Systems and
schedule of Construction Process for Removing Street Lights.
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The process involves dividing the City into test zones
consisting of a tract or commercial district; street lights
would be turned off for approximately 60 days, following
-which time the City Council will review the results and
recommend a construction plan to remove street lights,
- It was moved by Councilman Sweeney, seconded by Councilman
Reckscher and unanimously carried to approve the Process
for Evaluating Existing Street Lighting Systems as submitted.
COUNCIL ACTIONS
1. ORANGL COUNTY VECTOR CONTROL DISTRICT -
�� A��^T%T�As J - B. COJ 7
(57) Council received copies of a report dated December 1, 1976,
from the City Clerk advising that the 2 -year term of office
of Jarold B. Cole, the City's -representative to the Orange
County Vector Control District, will expire on December 31,
1976. The Board of Trustees of the District has recommended
re -appointment of Mr. Cole.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to re -appoint Jarold B.
Cole for the next 2 -year term of office ending December 31,
1978. Council noted that since his appointment on April 18,
1974, Air. Cole has maintained a 97% attendance record and
is currently serving on the District Finance and Vehicle
and Equipment Committees.
COUNCIL REMARKS
1. SEWER CONNECTION CHARGES
(80) Mayor Nash requested that staff review the recent increases
in sewer service charges, paying particular attention to the
mobile home units, and return for reconsideration on the
January 5, 1977, Agenda.
2. GROWH MANAGEMENT PHASING FOR COMMERCIAL/INDUSTRIAL AREAS
(28) It was moved by Councilman Heckscher, seconded by Mayor Nash
and unanimously carried that staff be directed to submit a
growth phasing program for the commercial/industrial areas
of the City within 180 days. Mr. Heekscher stated that he
would be willing to work with staff for the development of
the program.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:45 A.M., Thursday, December 2, 1976, to the
next regular meeting date of Wednesday, December 15, 1976, at
7:00 P.M. in the City Council Chamber.
Respectfully submitted,
UITY L;Lhh&
MARY ANN �IANOVEH,
ATTEST:
DOUGLAS 400- NASH, MAYOR
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