77-0119_CC_Minutes_Regular Meeting417
JANUARY 19, 1977
REGULAR MEETING OF THE CITY COUNCIL OF 711E
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council 3f 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 Alle-
giance to the Flag. Invocation was given by Reverend Richard Reeve,
Christian Mission Church.
ROLL CALL PRESENT- Douglas B. Nash, Mayor
Yvon 0. Heckscher, Mayor pro tem
Kenneth E. Friess, Councilman
Richard D. McDowell, Councilman
John B. Sweeney, Councilman
ABSENT:
None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative 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.
MINUTES:
Re
T_g!larmL1t!tiEg ofu� ary 5, 1977:
w s 0 y Z!5 ngy"
linan fieckscher, seconded by Councilman McDowell
that the Minutes of the Regular Meeting of January 5, 1977, be approved.
The motion carried by the following vote:
AYES- Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
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. SANITARY SEWER RECONST
/AT&SF RAILWAY
(80) Council received copies of a report dated January 19, 1977,
from the Director of Public Works advising that Cappello Con-
struction Company has completed the re -construction of the
Camino Capistrano/Atchison, Topeka & Santa Fe Railway right-of-
way sewer line in accordance with the plans and specifications.
The sum of $53,800 is budgeted for the project. Current payment
status is as follows:
Total project costs $44,923.00
Less 10% retention 4,942.30
Total due to date 40,430.70
Previous progress payment 33,278.40
Balance $ 4,152.30
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the following Resolution, being:
ION NO. 77-1-19-1. COMPLETION OF CANII
SAV JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF THE CAMINO CAPISTRANO
& AT&SF RAILWAY SEWER RECONSTRUCTION
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be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
The Resolution determines that the work has been completed in
accordance with the contract documents and declares the work
to be accepted; directs that within 10 days from the date of
acceptance, a Notice of Completion be filed with the Orange
County Recorder; determines that the total amount of work per-
formed under the contract is $44,923.00.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that payment be made to
Cappello Construction Company of San Juan Capistrano in the
amount of $4,492.30 upon the expiration of 35 days from the
filing of the Notice of Completion. .
2. DATA PROCESSING SERVICE -
APPROVAL OF REQUEST FOR PROPOSALS
(33) Council received copies of a report dated January 19, 1977,
from the Assistant City Manager/Director of Administrative
Services advising of the results of an informal survey of
local governmental agencies and their interest in a coopera-
tive project to provide data processing services as directed
by Council on December 15, 1976. Forwarded also were copies
of a Request for Proposals for the acquisi�ion of a data
processing system.
Councilman Sweeney inquired into which agencies had been con-
tacted and their response. Mr. O'Sullivan advised that negative
responses had been received from the City of Laguna Beach,
Saddleback College, the Capistrano Beach Sanitary District,
Dana Point Sanitary District, Tri -Counties Water Company.
Indications of interest were received from the Capistrano
Unified School District, Orange County Water Works #4 and
the City of San Clemente. It would appear that an agreement
with the School District would be workable, pending the
results of their feasibility study.
It is estimated that bids for outright purchase of equipment
will range from $40,000 - $50,000; a lease agreement is esti-
mated at from $15,000 - $20,000 per year.
Councilman Sweeney stated that he is satisfied with the
results of the report, but would insist on the receipt and
retention of written responses from the governmental agencies
contacted so that the record shows every possibility has been
explored.
Councilman Friess suggested that the relative amounts of use
by the School District and the City be determined prior to
committing the City to use of District equipment.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to approve the proposed pro-
gram, as follows:
1. Direct staff to determine the City's cost to modify
the School District's system.for interim use;
2. Direct staff to formally request inclusion in the
Capistrano Unified School District's feasibility
study; and,
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3. Approve the pro . posed specifications and call for 41g
bids but include an announcement that the City is
participating in a feasibility study with the School
District and all bids may be rejected.
3. TRAFFIC SIGNAL INSTALLATION. DEL OBT
(82) Council received copies of a report dated January 19, 1977,
from the Director of Public Works forwarding the results of
bids opened on January 18, 1977, for the installation of a
traffic signal at the intersection of Del Obispo Street and
Blue Fin Drive. The City Engineer's estimate of the coopera-
tive City -County project is in the amount of $35,000; funds
are included in the 1976-77 Capital Projects budget, Gas Tax
Fund 2106.
It was moved by Mayor Nash, seco�ded by Councilman Sweeney
and unanimously carried to award the contract for the traffic
signal installation at Del Obispo Street and Blue Fin Drive
to the low bidder, C.T. 7 F., Inc. of Bell Gardens, in the
.amount of $27,904 and to reject all other bids received; to
authorize the Mayor to execute the contract documents on
behalf of the City and the City Clerk to attest thereto,
4
(62) Council received copies of a report dated January 19, 1977,
from the Director of Public Works forwarding the results of
bids received on Tanuary 5, 1977, for the maintenance of
Junipero Serra and El Camino Real Parks and copies of a pro-
posed Agreement for Local Park and Related Landscape
Maintenance.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to award the contract to
the sole bidder, Toyo Landscaping Company of Santa Ana, in
the amount of $1,188 per month for both Parks; to authorize
the Mayor to execute the Agreement on behalf of the City,
and the City Clerk to attest thereto. The Agreement is for a
one year period of time.
5. MAJOR IMPROVEMENTS OF STREETS AND SIDEWALKS -
(83) Council received copies of a report dated January 19, 1977,
from the Director of public Works forwarding the results of
bids received on January 7, 1977, for Major Improvements of
Streets and Sidewalks. The City Engineer's estimate of the
project is $38,951.10; funds are included in the 1976-77
fiscal budget.
California First Bank has agreed to reimburse the City the
sum of $12,099.15 for that portion of the sidewalk removal
and reconstruction on their property at the intersection of
Camino Capistrano and Del Obispo Street; additional right-of-
way has also been granted by the Bank.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to accept the Easement Deeds
from California First Bank; to accept the'low bid submitted
by T.J. Crosby Company of Irvine in the total amount of
$31,328.60 and to reject all other bids received; to authorize
the Mayor to execute the Agreement with California First Bank
and the contract on behalf of the City, and the City Clerk
to attest thereto.
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420
6, HISTORIC PRESERVATION GRANT APPLICATION
KA -RHA ADOBE
(23) Council received copies of a report dated January 19, 1977,
from Pamela Hallan, Administrative Aide, requesting approval
of an application for Historic Preservation Act matching grant
funds in the amount of $3,500 for the purpose of hiring a
consultant to prepare plans and specifications for the restor-
ation bf the Parra Adobe. The Adobe has been nominated to the
National Register of Historic Places and will become City
property in the near future.
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that the following Resolution, being:
RESOLUTION NO. 77-1-19-1 A ADOBE PRESERVATION
L
THE C
GRANT - A RESOLUTION .TY COUNCIL OF THE
Iff—ITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE APPLICATION AND THE PROJECT AGREEMENT FOR
HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR THE
PARRA ADOBE PROJECT
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
PUBLIC HEARINGS
1. REZONE 76-11, TENTATIVE TRACT 9284, AN
(85) Council received copies of a report dated January 19, 1977,
from the Director of Planning forwardingthe recommendation
made by the Planning Commission at their meeting of January 11,
1977, that the Environmental Impact Report be accepted and
that Rezone 76-11 and Tentative Tract 9284 be denied. The
proposal is for a subdivision of approximately 17.5 acres into
22 residential lots and a zone change from Growth Management
to Single Family for property located south of Camino Las
Ramblas adjacent to the southerly City limits between Calle
Adalucia and Via Manzana. The applicant is Chuck King Homes,
Inc., 26944 Camino de Estrella, Suite B, Capistrano Beach.
Exhibits were on display for Council consideration.
The Planning Commission recommendation of denial is based on
the following considerations:
1. The project would modify a protected ridgeline,
alter a hillside area, eliminate rangeland, and
introduce residential development into a permanent
open space area in which development was intended
to be restricted and which is in violation of the
City's General Plan;
2. The circulation is inadequate and consideration
should be given to reviewing the master plan to
provide adequate circulation in the area.
The Director of Planning advised that the proposed development
has created controversy over the use of City of San Clemente
streets, but permission has been granted to tic into the
street system on the condition that the subdivision be designed
to provide 2 cul-de-sac streets, that plans be reviewed by the
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421
City of San Clemente, and that the applicant post bonds to
cover costs of any street repair in conjunction with the
development of the tract. The applicant indicated on January
19 that lie would be willing to consider construction of only
1 -story homes on the ridgeline.
Doris Starnes, representing Ultra Systems, prepnrer of the
Environmental Impact Report, addressed the Council and set
forth items of concern, and advised that Council should deter-
mine the extent of inconsistency with the General Plan, keep-
ing in mind that the hillside has previously been altered at
the project location.
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the Environmental Impact
Report, Rezone 76-11 and Tentative Tract 9284 and inquired if
anyone in the audience wished to address the Council.
The following persons spoke in opposition to the project:
1. Dee Tyler, President, Alto -Capistrano Homeowners
Association, 26982 Via Banderas;
2. Kent Tibbits of Mark Smith Law office, 30001 Crown
Valley Parkway, Laguna Niguel, representing Victor
Ince, 655 Camino de Los Mares, San Clemente;
3. Tom Stringer, President, Harbor Estates Homeowners
Association, 613 Calle Real, San Clemente. .
There being no one else wishing to address the Council, Mayor
Nash declared the Public Hearing closed. The Hearing was then
re -opened to allow the applicant to address the Council.
Chuck King, applicant, 32175 Avenida Avilla, advised that
many of the existing backyards encroach into his property,
possible development beyond his project would be limited to
10 homes, he has no objection to the suggested building height
limit, In response to inquiries from Mayor Nash, -Mr. King
advised that grading would be kept to a minimum and that no
major cuts or fills are planned.
Mayor Nash then declared the Public Hearing closed.
Council members expressed their concerns with homes encroach-
ing over the existing graded pattern, open space designations,
General Plan consistency, geological condition of the area,
City responsibility with regard to existing encroachment into
the property, construction deficiencies, amount of grading,
building height constraints, rid.-eline protection, and traffic
circulation. Councilman Sweeney advised that he supports the
proposal with the addition of the conditions requested by the
City of San Clemente.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney to find the EIR adequate and to refer Rezone 76-11 and
Tentative Tract 9284 back to the Planning Commission for fur-
ther review. With the concurrence of the second, the motion
was then withdrawn.
Environmental Impact Report:
It was moved by Councilman McDowell, seconded by Councilman
Heckscher and unanimously carried to find that the Environ-
mental Impact Report prepared for RZ 76-11 and Tentative Tract
9284 is adequate noting that the EIR has been submitted for
information only and that its acceptance is not to be con-
strued as concurrence with all data provided within it or as
being favorable or unfavorable to the project.
-5- 1/19/77
422 Rezone 76-11:
Ift -wasmoved by Councilman McDowell, seconded by Councilman
Heckscher and unanimously carried to approve Rezone 76-11.
Tentative Tract Map 9284:
It was moved by Councilman McDowel.L and seconded by Council-
man Sweeney to approve the Tentative Tract Map and refer same
back to the Planning Commission for further review and estab-
lishment of the conditions. Councilman Heckscher suggested
that the matter be referred to the Commission for considera-
tion of the Council's concerns and study of the conditions of
approval for submission of a thoroughly studied and complete
Tentative Tract map. Council then discussed the time con-
straints of dwelling unit allocations. With the concurrence
of the second, Councilman McDowell withdrew the above motion.
It was moved by Councilman Friess, seconded by Councilman
Sweeney and unanimously carried that consideration of Tenta-
tive Tract Map 9284 be remanded to the Planning Commission
for consideration of Council concerns and the conditions of
approval; the Planning Commission recommendat ions are to be
returned for Council consideration at their meeting of
January 26, 1977.
RECESS AND RECONVENE
Council recessed at 8.35 P.M. and reconvened at 8:55 P.M.
ORAL COMMUNICATIONS
1. BANK OF AMERICA �TGN ABATEMENT
(25) The following persons addressed the Council:
(1) Rita Casteel, Manager, -Bank of America, 26212 Via
de Gavilan, requested approval of the sign variance
denied by the Planning Commission and read a state-
ment on behalf of the Bank.
(2) Kenneth H. Weschler, attorney at law, representing
Bank of America, requested that the matter of the
appeal be taken out of order on the Council Agenda.
(3) Donald R. Yurick, 27703 Ortega Highway, addressed
the Council in opposition to the removal of the
Bank of America sign, stated that City planning does
not allow sufficient commercial zoning, and noted
the distance his family travels to shop.
2. AGRICULTURAL PRESERVATION
(68) The following persons addressed the Council in opposition to
the adoption of Ordinance 316, which establishes tax amounts
on residential, commercial, and industrial construction for
preservation of agricultural lands:
(1) Ron Birtcher, 32331 Del Obispo Street;
(2) Robert Davies, 29391 Edgewood Road;
(3) Al Arps, 32802 Valle Road. Mr..Arps also noted his
support for the granting of a sign variance to Bank
of America and spoke in opposition to any increase
in sewer fees for mobile home parks;
(4) Randy Williams, 29931 Camino Capistrano, read his
letter dated January 19, 1977;
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423
(5) Shigeru Kinoshita, P.O. Box 201, read his letter
dated January 18, 1977;
(6) Charles Vermeulen, 11591 Cielo Place, Santa Ann,
and property owner on Del Obispo Street, presented
his letter dated January 3.9, 1977;
(7) Marilyn Williams, 29931 Camino Capistrano;
Mrs. Williams also spoke in favor of the granting
of a sign variance as requested by Bank of America.
(8) Stewart Noble, 32126 Paseo Sanchez;
(9) Donald W. Young, 33845 Calle de Bonanz,--;
(10) Joe St. Jean, Mission Bell Ranch; and
(11) Dale Kirstine, 30961 Pasco Mar Azul,
The following persons addressed the Council in favor of
adoption of Ordinance 316:
(1) Marian Fowler, 31942 Avenida Evita;
(2) Charles Buck, 27081 Mission Hills Drive;
(3) Bruce Church, 26851 Canyon Crest Road; and
(4) Michael Berns, 26921 Canyon Crest Road.
Beth Malone, 30972 Calle San Felipe, suggested that the opin-
ion Questions which appeared on the March 1976, ballot be
clarified.
3. OFFICIAL NP31E FOR SAN JUAN CREEK REST STOP
(62) Muriel Surles, 30719 Calle Chueva, addressed the Council to
request that serious consideration be given to the name
"Domingo Park" for the area known as San'Juan Creek Rest Stop
in memory of Domingo Oyharzabal.
4. GROWTH MANAGEMENT
(28) Bill Timotti, 25702 Calle Jardin, addressed the Council to
express his support for controlled growth in the City,
5. SEWER LATERAL (AIATHIS)
(80) Dennis Mathis, 34352 Via San Juan, Capistrano Beach, addressed
the Council and expressed his appreciation for the City's
rental of a television camera to assist in locating a sewer
lateral in conjunction with the construction of a residence on
Via de Agua. Air. Mathis requested that Council determine
whether or not the sewer connection fee had been previously
paid by the tract developer.
ORDINANCES
1. DEVELOPMENT FEES FOR AGRICULTURE
PRESERVATION (ADOPTION)
(6 8) Council received copies of Ordinance No. 316, which was duly
introduced at the meeting of January 5, 1977.
Letters in support of Council action to adopt Ordinance 316
were received from the following:
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424 (1)
(2)
Natalie Mitchell, 25562 Paseo do la Paz; and
Dr. & Mrs. Jerry L. Fowler, 31942 Avenida Evita.
Mayor Nash cited a memorandum dated January 19, 1977, from
John O'Sullivan entitled "Report of Costs of Agricultural
Land Use vs. Residential Land Use - Primary Agricultural
Acreage (230 Acres)" describing the impact of possible devel-
opment on City and School District financing. Mayor Nash
stated he has studied the prospective agricultural preserva-
tion program from a wide range and supports the program.
Councilman Friess commented that residents would be willing
to support the life style created by preservation of agri-
culture and a reasonable process of growth.
Councilman Sweeney noted an article from the November, 1976,
issue of Small Town and commented from his memorandum dated
January 17, 1977, which summarizes his concerns with the
Ordinance and recommends an Open Space Preservation and Green-
belt Acquisition Program in lieu of Agriculture Preservation
and deferral of a General Plan Amendment until adoption of a
City Priorities and Goals Statement.
Mr. Sweeney suggested that the matter of agriculture preser-
vation be put to a vote of the people.
Mayor Nash read the corrected wording for the first paragraph
of Section F of the proposed Ordinance, as follows:
"In addition to the foregoing specific exemptions,
where commercial, industrial or recreational uses
are involved, the City Council may, upon application
of any affected person, consider the exemption of
all or any part of the fees where there is a long
standing family ownership which will continue after
development."
The City Attorney advised that the new wording is to comply
with Council direction of January 5, 1977.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell to remand the Ordinance to staff and ask them to
revise it in accordance with the suggested Statement of Objec-
tives for an Open Space Preservation and Greenbelt Acquisition
Program, as contained in Mr. Sweeney's memorandum of January
179 1977. The motion failed by the following vote:
AYES: Councilmen Sweeney and McDowell
NOES: Councilmen Friess, Heckscher, and Mayor Nash
ABSENT: None
Councilman Heckscher noted that Council has a duty and an
obligation to protect agriculture and cited the California
Constitution, the Warren Bill, the Zenovich Bill, and Coastal
Commission restrictions aimed at preservation; the City's
program will provide a vehicle to assist State legislation.
Adoption of Ordinance No. 316:
The City Attorney read the title or tne Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Mayor Nash and
seconded by Councilman Heckscher that the following Ordinance,
being:
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425
ORDINANCE No. 316, AGRICULTURAL PRESERVATION FEES -
AN ORDINANCE OF THE CITY Of' SAN JUAN CAPISTILNNO,
PROVIDING FOR THE PAYMENT OF FEES TO BE USED FOR
THE PRESERVAT10N OF AGRICULTURAL LAND
be adopted as presented with the inclusion of the revised Sec-
tion F on Page 3. The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
The Ordinance establishes a tax amount of $500 per unit for
residential construction and $1,000 per acre for commercial
and industrial construction. As a revenue measure and under
the provisions of Section 36937 of the Government Code, the
Ordinance takes effect immediately upon its passage.
It was moved by Councilman Sweeney to amend the Ordinance and
delete subsection (6) of Section 10 and any other reference to
City acquisition of farmland, the purpose being to preserve
agriculture by buffers and fencing, rebates, etc. The motion
died for lack of a second.
GENERAL PLAN
(46) It was moved by Wiyor Nash and seconded by Councilman Friess
to authorize the Director of Planning to enter into a Contract
with Ultrasystems, Inc., 2400 Michelson Drive, Irvine, for
the preparation of an Environmental Impact Report for General
Plan Amendment 77-1 at a cost not.to exceed $4,800, The motion
carried by the following vote:
AYES: Councilmen Friess, Heckscher, and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
Mayor Nash noted that the Environmental Impact Report will
also address financial impacts.
RESOLUTIONS
The Resolutions listed on the Agenda regarding a Sister City Program
and Sewer Service Fees were held over to the next meeting date of
January 26, 1977.
CONSENT CALENDAR
It was moved by Councilman Friess 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 Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
-9- 1/19/77
4 2 f)
APPROVAL OF WARRANTS
(41) The List of Demands dated January 19, 1977, Warrants Nos.
8870 through 8949, inclusive, and 1911 Act Account Warrant
No. 0193, in the total amount of $206,550.41p is approved
as submitted.
2. CITY TREASURER'S REPORT OF INVEST11ENTs
AS OF DECEM 76
(41) The City Treasurer's Report of Investments for the period
ending December 31, 1976, is ordered received and filed.
3.
OF 19
D DELI
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of December 31, 1976, is ordered received and filed.
4. CITY TREASURER'
CASH
(41) The City Treasurer's Reports of Fund Cash Balances for the
months of July, August, September, and October, 1976, are
ordered received and filed.
5. REPORT OF PLANNING COMMISSION MEETINGS
(67) The report of actions taken by the Planning Commission at
the regular meetings of December 28, 1976, and January 11,
1977Y is ordered received and filed.
6. REPORT OF
'rE COMMISSION NTEE
(23) The report of actions taken
sion at the regular meeting
received and filed.
PLANNING COMMISSION
1. BANK OF MIERICA POLE S
by the Cultural Heritage Commis -
of January 4, 1977, is ordered
VARIANCE REQUEST 76-30 -
(25) Council received copies of a report dated January 19, 1977,
from the Director of Planning forwarding a letter dated
December 29, 1976, from Kenneth H. Weschler on behalf of
Bank of America appealing the Planning Commission decision
of December 14, 1976; the $25.00 appeal fee has been paid.
The Commission had denied a request for a zone variance to
allow the installation of a pole -mounted sign 16 feet in
height and 60 plus square feet in sign area in the CG (Gen-
eral Commercial) District at 31872 Camino Capistrano based
upon the following findings:
(1) There are no special circumstances applicable to the
property which do not generally apply to other proper-
ties in the neighborhood;
(2) The denying of the variance will not contribute to a
condition which will be detrimental to the public wel-
fare or injurious to the property or improvements in
the vicinity;
(3) There are various identification methods that provide
adequate identification for the Bank of America and
satisfy the requirements of the Land Use Management
Code,(Ordinance No. 293).
_10- 1/19/77
427
The Land Use Management Code would allow an 8 foot high,
24 square foot pole -mounted sign or a 6 foot high, 60 square
foot monument sign at the location.
The original sign abatement period expired on February 2,
1976; subsequent extensions of time were granted which expiried
August 9, 1976.
A letter dated January 17, 1977, was received from Continental
Service Company, 1335 South Grand Avenue, Los Angeles, forward-
ing photographs of various signing proposals. Letters in sup-
port of Bank of America's appeal were received from the
f ollowing:
1. Mrs. C.C. McClintock, 2600 Ave. Aeropuerto;
2. Ray Gelgur, 33921 Calle Borrego;
3. Robert Jensen, 32282 Camino Capistrano;
4. Mrs. Elsie Bricker, 32257 Paseo Carolina;
5. Paul and Marie Esslinger, 31866 Camino Capistrano;
6. Ray Candee, 32302 Alipaz;
7. Helen T. Davis, 26384 Oso Road;
8. Chester P. Wood, 32302 Alipaz St. #194;
9. Paul G. Hunter, 31971 Camino Capistrano;
10. Harry A. Rockefeller, 26000 Ave. Aeropuerto #108;
11. Merritt V. Eusey, 26000 Ave. Aeropuerto #167;
12. John H. Nausur, San Juan Capistrano.
The following persons addressed the Council on behalf of Bank
of America:
1. Kennetl, H. Weschler, Senior Counsel;
2. William A. Reid, Division Architect, Continental
Service Company.
It was moved by Mayor Nash and seconded by Councilman Friess
to uphold the Planning Commission action and deny the appeal
of Zone Variance 76-30. The motion carried by the following
vote:
AYES: Councilmen Sweeney, Friess, and Mayor Nash
NOES: Councilman McDowell
ABSTAIN: Councilman Heckscher
ABSENT: None
It was moved by Mayor Nash to authorize the installation of
either a 6 foot high monument sign or an 8 foot pylon sign
using materials as submitted by Bank of America. The motion
died for lack of a second. Councilman Sweeney noted that it
would be preferable if a proposal were submitted using more
acceptable materials than plastic.
SUBDIVISIONS AND ANNEXATIONS
1. PARCEL MAP FOR DIVISION OF LAND 76-8
(LOVE)
(85) Council received copies of a report dated January 19, 1977,
from the Director of Public Works advising that the Parcel
Map for Division of Land 76-8 has been reviewed and found
acceptable; plan check, drainage, and park and recreation
in lieu fees have been paid; the proposed sewer system is
private and therefore no fees are assessed; all conditions
imposed by the Planning Commission have been met.
_11- 1/19/77
it was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to approve the Parcel Map for
Division of Land 76-8 (Love), determining that said map is
consistent with the General Plan and in substantial compliance
with the approved Tentative Map for DL 76-8, authorize Staff
to make the necessary certifications on the original Parcel
Map and forward same to the County of Orange for recordation.
2. REPORT ON BOUNDARY STUDY
(CITY OF SAN--CLENIENTE)
(21) Consideration of this item was held over to the meeting of
January 26, 1977.
DIRECTOR OF PLANNING
1. CONTINUATION OF STREET TREE
(74) Consideration of this item was held over to the meeting of
January 26, 1977.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. SERRA REPORT - OUTFALL STATUS
(79) Consideration of this item was held over to the meeting of
January 26, 1977.
2. REQUEST FOR WAIVER OF UTILITY UNDERGROUNDJNG
REQUIREMENT (ALTEMU6)
(90) Council received copies of a report dated January 19, 1977,
from the Director of Public Works forwarding copies of a letter
from Lawrence B. Altemus, 32552 Alipaz Street, requesting per-
mission to run an overhead power line to service a worm farm
operation. The electrical service is proposed to be installed
adjacent and parallel to a row of eucalyptus trees visible
from Alipaz Street, and the use would be of a temporary nature.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve the installation
of an overhead electrical service to the worm farm operated
by Lawrence B. Altemus at 32552 Alipaz Street, with the con-
dition that such service shall be for the sole purpose of
operation of the worm farm.
3. REQUEST FOR WAIVER OF UTILITY UNDERGROUNDING
.REQUIREMENT (ROSENBAUM)
(90)
Council received copies of a report
dated January 19, 1977,
from the Director of Public Works forwarding copies of a letter
dated January 11, 1977, from Melvin
M. Rosenbaum, 29825 Mar-
guerite Parkway, requesting a waiver of the utility underground-
ing requirement for the purposes of
providing security lighting
and light for equipment maintenance
work at his produce stand.
It was moved by Mayor Nash, seconded by Councilman Heckscher,
and unanimously carried to approve
the installation of an
overhead electrical service for the
Rosenbaum produce stand
located at the intersection of Rancho Viejo Road and Rosenbaum
Road.
4.
REPORT ON CALLE ASPERO IMPROVEMENTS
(83)
Consideration of this item was held
over to the meeting of
January 26, 1977.
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1/19/77
PARKS AND RECREATION COhB[ISSIO N 4Z9
1. DESIGNATION OF "DESCANSO PARK" AS
_6FFICIAL NAME FOR SAN JUAN CHLEK REST STOP
(62) Council received copies of a report dated January 19, 1977,
from Tom Baker, Recreation Coordinator, forwarding a list of
names for the area known as San Juan Creek Rest Stop and/or
Confluence Park, as recommended by the Parks and Recreation
Commission. The Commission's first choice is "Descanso Park."
Naming of the Park had been tabled by Council action on
January 5, 1977.
Council also received copies of a letter dated J2nuary 14,
1977, from Pamela Hallan and Minnie Surles requesting con-
sideration of the name "Domingo Park" after Domingo Oyharzabal,
the first member of the Oyharzabal family to settle in San
Juan Capistrano, and in recognition of the many contributions
the family has made to the community.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that consideration of an official name for the area
known as the San Juan Creek Rest Stop and/or Confluence Park
be removed from the table and that the area be officially
designated as I'Descanso Park." The motion carried by the
following vote:
AYES: Councilmen Sweeney, McDowell, Friess, and
Mayor Nash
NOES: Councilmen Heckscher
ABSENT: None
It was moved by Councilman Heckscher that instead of I'Descanso
Park" the area be officially designated as "Domingo Park."
The motion died for lack of a second.
PLANNING C011MISSION
1. APARTMENT COMPLEX ON ALIPAZ STREET,
ARCHITECTURAL CONTROL 76-10 (WOOLSEY)
(68) Consideration of this item was held over to the meeting of
January 26, 1977.
TRAFFIC AND TRANSPORTATION COMMISSION
1. CIRCULATION ELEMENT OF
(46) Consideration of this item was held over to the meeting of
January 26, 1977.
RECESS AND RECONVENE
Council recessed to Executive Session for the purpose of discussing
legal and personnel matters at 11:48 P.M., the City Clerk being
excused therefrom, and reconvened at 12:25 A.M.
ADJOURIVENT
There being no further business before the Council, the meeting was
adjourned at 12:26 A.M., January 20, 1977, to the next meeting date
of Wednesday, January 26, 1977, at 7:00 P.M. in the City Council
Chamber.
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430
ATTEST:
-bGU—GLAS--Ar.,�AS1I-j MAYOR
Respectfully submitted,
TIARY ANN
,�rOVER-, CITY CLERK
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