75-0820_CC_Minutes_Regular MeetingAUGUST 20, 1975
REGULAR MEETING OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council was called to order by
Mayor Weathers at 7:02 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given
by Councilman John B. Sweeney.
ROLL CALL: COUNCILMEN PRESENT
James K. Weathers, Mayor
John B. Sweeney,.Mayor pro tem.
Councilman Roy L. Byrnes
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
COUNCILMEN ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; Larry Lawrence, Assistant
Planner; John O'Sullivan, Director of Administrative Services;
James S. Okazaki, City Attorney; Mary Ann Hanover, City -Clerk.
INTRODUCTION OF SHERIFF PERSONNEL
Captain Walter Fath of the Orange County Sheriff's Department
addressed the Council on behalf of Sheriff Brad Gates and advised
that the City's costs for law enforcement services will be
approximately $4,000 less for fiscal year 1975-76 than originally
indicated. Lt. Jerry Krans addressed the Council and introduced
the members of the Department who will be working in the City.
MINUTES
It was moved by Councilman Byrnes and seconded by Councilman
Sweeney that the Minutes of the Regular Meeting of August 6, 1975,
be approved as submitted. The motion carried by the following vote:
AYES: Councilmen Sweeney, Byrnes, Nash and
Mayor Weathers
NOES: None
ABSTAIN: Councilman Heckscher
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that all resolutions and ordinances be
read by title only.
BIDS, CONTRACTS, AGREEMENTS
1. 1976 COUNTY -WIDE CENSUS - AGREEMENT WITH STATE
DEPARTMENT OF FINANCE
Council received copies of a report from the Director of
Administrative Services forwarding a proposed Agreement with
the State Department of Finance for services to be rendered
in conjunction with the 1976 County -wide census.
RESOLUTION NO. 75-8-20-1: 1976 SPECIAL CENSUS
RESOLUTION OF THE CITY UU-NCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE STATE RELATING TO PREPARATION OF A
POPULATION ESTIMATE
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It was moved by Councilman Sweeney, seconded by Councilman
Byrnes and unanimously carried that Resolution No. 75-8-20-1
be adopted. The Resolution authorizes the Mayor to execute
the Agreement on behalf of the City.
2. PUBLIC IMPROVEMENTS - AGREESIENT RE POSTPONEMENT OF
REQUIREMENTS, ASSESSOR'S PARCEL NO. 649-101-14 CRUMRINE)
Council received copies of a report dated August 20, 1975,
from the Director of Public Works forwarding a proposed
Agreement between the City and the developers, Charles E.
Crumrine and Harriet Crumrine Howard, providing for the
postponement of the requirement to install public improve-
ments in connection with the division of 10.22 acres into
4 lots, DOL 75-3. The property is located along Ave. de
Sacarama adjacent to County unincorporated territory known
as the Bear Brand Ranch. The Agreement is a condition of
approval of the Planning Commission and provides for the
installation of public improvements upon development of
the Bear Brand Ranch property.
It was moved by Councilman Heckscher and seconded by
Councilman Sweeney to approve the Agreement and authorize
the Mayor to execute the same on behalf of the City.
Council discussion ensued and there was no vote on the motion.
It was moved by Councilman Byrnes; seconded by Councilman
Nash that the matter be tabled. There was no vote on the
motion.
Mr. Edward Coley, Attorney at Law representing the Crumrine
interests, addressed the Council, as did Mr. Bruce Patterson.
It was the consensus of the Council that the floor be cleared
of all motions and seconds.
It was moved by Councilman Heckscher, seconded by Councilman
Byrnes and unanimously carried that the Agreement be approved
contingent upon the re -wording of Paragraph No. 1, as follows:
111. City agrees that the public improvements required
as a condition of approval of DOL No. 75-3 shall
be postponed until such time as the residential
land lying northwesterly of and adjacent to Owners'
property as shown and depicted on Exhibit "B" is
approved for development, at which time said
improvements may be required at the option of the
City Council; provided that the deeds from
developers to their purchasers contain specific
language relating to the obligation to make public
improvements at the time Bear Brand Ranch is
approved for development."
The Mayor is authorized to execute the Agreement on behalf of
the City.
PUBLIC HEARINGS
1. TRAFFIC REGULATIONS - PUBLIC IIEARING DATE
Mayor Weathers set the date of Wednesday, September 17, 1975,
for the -public hearing on the proposed adoption of an
ordinance establishing new traffic regulations within the
City.
2. 1975-76 BUDGET AND FISCAL AND COMMUNITY SERVICES PROGRAM -
PUBLIC HEARING DATE
Mayor Weathers set the date of Wednesday, September 3, 1975,
for the public hearing on the adoption of the 1975-76 Budget
and Fiscal and Community Services Program.
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3. REQUEST FOR RATE INCREASE, STORER CABLE TELEVISION -
Mayor Weathers set the date of Wednesday, September 3, 1975,
for the public hearing on the request of Storer Cable TV,
Inc., for general rate increases. Council requested that
they be provided with sketches of the areas served by
Storer and that they be provided with level of service data,
as furnished during consideration of the request of TM
Communications for rate increases.
4. PROPOSED HOME WARRANTY PROGRAM (CONTINUATION)
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing re -opened on the proposed
adoption of an ordinance requiring sellers of new residential
dwelling units to provide home warranties to insure against
faulty workmanship and materials and major construction
defects. The matter is continued from the Council meeting
of August 6, 1975. Mayor Weathers inquired if anyone in the
audience wished to address the Council. The following persons
spoke in opposition .to the proposed ordinance:
1. George C. Calvan, Executive Vice President of
the Building Industry Association of California.
2. Ty Hytson, Attorney at Law, representing the
Building Industry Association.
3. Roger Grable, Attorney at Law, representing
Mission Glen Homes.
4. Richard Worth, Building Industry Association.
5. Elmer Christiansen, Christiansen & Associates.
6. Ed Rabalais, Westport Home Builders.
The following persons spoke in favor of the proposed
ordinance:
1. Louis Twyman, Sun Hollow Home Owners Association.
There being no one else wishing to address the Council,
Mayor Weathers declared the Public Hearing closed with the
right to re -open at any time. After Council discussion of
the proposed ordinance, Mayor Weathers declared the Public
Hearing continued to the next regular meeting date of
Wednesday, September 3, 1975.
5. ESTABLISHMENT OF DEVELOPMENT FEES AND BONDING SCHEDULES
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing re -opened on the proposed
establishment of development fees and bonding schedules for
the processing of development plans, divisions of land,
administrative matters, and construction inspections. The
Mayor inquired if anyone in the audience wished to address
the Council on this matter; and, there being no response,
declared the Public Haring closed. Councilman Sweeney
requested that the wording in Section 6. B. of the Resolution
be amended from . . of less than 50 units." to ". . . of
49 units or less."
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RESOLUTION NO. 75-8-20-2: DEVELOPMENT FEES AND BONDING
SCHEDULES -RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SFN JUAN CAPISTRANO, CALIFORNIA, ESTABLISIIING DEVELOP-
MENT FEES AND BONDING SCHEDULES FOR TIIE PROCESSING OF
DEVELOPMENT PLANS, DIVISIONS OF LAND, ADMINISTRATIVE
MATTERS, AND CONSTRUCTION INSPECTION
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that Resolution No, 75-8-20-2
be adopted, as amended.
RECESS AND RECONVENE
Council recessed at 8:55 P.M. and reconvened at 9:15 P.M.
ORDINANCES
1. ORDINANCE NO. 292: ESTABLISHING CITY BOARD AND COMMISSIONS -
N ORDINANCE OF THE CITY OF SAN JUANC I T , CALIFORNIT,
CREATING AND ESTABLISHING POWERS AND RESPONSIBILITIES FOR
CITY BOARDS AND COMMISSIONS was read by title by the City
Attorney. Requested amendments were made to the ordinance.
It was moved by Councilman Sweeney, seconded by Councilman
Byrnes and unanimously carried that Ordinance No. 292 be
adopted.
WRITTEN COMMUNICATIONS
1. REQUEST FOR APPOINTMENT TO JUVENILE COUNSELING CENTER
Council received copies of a letter dated July 28, 1975,
from Jack L. Stanfill, Chairman, Task Force on Juvenile
Delinquency, Saddleback Area Coordinating Council, Inc.,
requesting that the City appoint a representative to serve
on their Advisory Council, Applications and suggestions
for appointments will be accepted and Mayor Weathers will
make an appointment to the Advisory Council.
2. REQUEST FOR APPOINTMENT TO ORANGE COUNTY HOUSING AUTHORITY
Council received copies of a letter dated July 23, 1975,
from Lisa Stipkovich, Consultant, Orange County Housing
Authority, requesting that the City appoint a representative
to serve on their Advisory Committee. Applications and
suggestions for appointments will be accepted. Councilman
Heckscher's Legislative Aide is to provide further information
on the Advisory Committee.
ORAL COMMUNICATIONS
1, ARCHITECTURAL BOARD OF REVIEW
Fran Frost addressed the Council to recommend that the
Architectural Board of Review be given the opportunity to
review site plans, as well as elevations, as a part of
their responsibilities,
PROPOSED NAMING OF AREA KNOWN AS "LONG PARK"
Ken Derry, representing the Capistrano Villas Home Owners
Association, addressed the Council to request that the
naming of "Long Park" be tabled until the Association has
an opportunity to meet with the Parks and Recreation
Commission.
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b
CONSENT CALENDAR
It was moved by Councilman Sweeney, seconded by Councilman Byrnes
and unanimously carried that the staff recommendations be
approved with regard to the following matters:
1, APPROVAL OF WARRANTS OF AUGUST 20, 1975
The List of Demands -dated August 20, 1975, Warrant Nos, 5590
through 5667, inclusive, in the total amount of $71,828,46;
was approved as submitted.
2, REPORT OF PLANNING COMMISSION ACTIONS FOR AUGUST 5, 1975
The Report of actions taken by the Planning Commission at
their regular meeting of August 5, 1975, was received for
information,
3. CLAIM FOR DAMAGES (RAUSCH)
The claim of Joan Rausch for damages resulting from injuries
allegedly sustained on July 17, 1975, is denied and referred
to the City's insurance carrier, Quinlan Insurance, Inc,
4. CITY TREASURER'S REPORT OF BOND DELINQUENCIES
The City Treasurer's Report of 1911 Act bond delinquencies
as of August 20, 1975, was received for information.
REQUEST FOR REFUND (SALATA)
Council received copies of a report dated August 20, 1975, from
the Acting Director of Planning forwarding a request from Paul
Salata for a refund of the priority application fee for a
proposed industrial park; he also requests a refund of the fee
provided by the adjacent property owner Bob Orr.
It was the consensus of the Council that this matter be referred
back to staff for clarification, as recommended by the City Manager.
REQUEST TO CONDUCT SIDEWALK SALE -
MISSION VILLAGE SHOPPING CENTER
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried to approve the request of the Mission
Village Center Merchants' Association to conduct a sidewalk sale
August 28, 29, and 30, 1975.
SUBDIVISIONS AND ANNEXATIONS
1. ACCEPTANCE OF FINAL MAP, TRACT 5126 (MAURER DEVELOPMENT CO
Council received copies of a report dated August 20, 1975,
from the Director of Public Works forwarding a proposed
Agreement between the City and the Subdivider for the
acceptance of the Final Map for Tract 5126, to be known as
"Woodside Homes." The proposed Tract is located between
San Juan Creek and the Ortega Highway approximately 1 1/4
miles east of the intersection of the Highway and the
San Diego Freeway. In compliance with the Conditions of
Approval, the developer has furnished bonds in the total
amount of $505,000; checks in the total amount of $80,017
have been submitted for construction inspection, sewer
connection, drainage, street light energy, map and plan
check fees. An Easement Deed for streets and highway
purposes has been duly executed by the grantors, Carl H. and
Adele A. Hankey. Council also received copies of a
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proposed Agreement between the City and the developer
holding the City harmless from any costs which may be
incurred regarding the acquisition of an easement for
street purposes on, under, over and across the real
property at the easterly edge of'Calle Arroyo. Council
determined that significant trees within the Tract are to
be preserved.
It was moved by Councilman Sweeney and seconded by Council-
man Heckscher to approve the Final Map for Tract 5126,
to accept the Easement Deed from Carl and Adele Hankey, and
to determine that the proposed,subdivision, together with
its design and improvements, isconsistent with the City's
General Plan, The Mayor is authorized to execute the
development agreement, the "hold harmless" agreement, and
the Easement Deed and the City Clerk is authorized to
attest thereto. The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Weathers
NOES: None
ABSTAIN: Councilman Byrnes
ABSENT: None
ADMINISTRATIVE ITEMS:
CITY MANAGER
1. REPORT ON CAPISTRANO AIRPORT
The City Manager presented an oral report on the status of
City ownership of the airport runways and indicated a map
designating the areas in question, Julian Willcox, general
partner of the Capistrano Airport operation addressed the
Council and presented a report entitled "History of the
Airport," City Treasurer Charles Neal also addressed the
Council. General discussion of financial implications
followed, and Mayor Weathers directed staff to meet with
Mr. Willcox in an attempt to work out an agreement on an
interim basis which would be amenable to all parties concerned.
The report is to be submitted to the Council at their meeting
of September 17, 1975. Council indicated its desire to
retain a general aviation facility to serve the residents of
.,the City and directed staff to meet with County personnel to
conduct a site feasibility study. Council also indicated
their intention to retain ownership of the airport runway
until an alternative site could be selected. Council also
directed that the City's liability insurance coverage be
re-evaluated.
DIRECTOR OF ADMINISTRATIVE SERVICES
1, PERSONNEL - RETIREMENT INCOME PLAN SEVERANCE BENEFITS
Council received copies of a report from the Director of
.Administrative Services regarding employee vested interests
in the City's previous retirement plan. Certain employees
have taken the option of removing the.funds which have
accrued for prior service in a lump sum cash payment. For
those employees who remove their retirement contributions,
the City will accrue nc prior service liability.'
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to approve the disbursement
of the retirement income plan severance benefits.
2. 1975-76 FISCAL BUDGET
Council will continue their discussion of the proposed
1975-76 fiscal budget on Thursday, August 21, 1975.
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DIRECTOR
56-
DIRECTOR OF PLANNING
1, REQUEST FOR EXMPTION FR0M DEFERRAL PERIOD -
HOME FOR TH- E�AGED, ASSESSOR—� S PARCEL NO, T.f-254-17 (BARNES
Council received copies of a report dated August 20, 1975,
from the Acting Director of Planning forwarding a request
from Jack V. Barnes for an exemption from the deferral
period in order to process a Conditional Use Permit for a
hone for the aged. The property consists of 4.5 acres along
Camino Capistrano and is currently owned by the YMR Develop-
ment Corp.
RESOLUTION NO. 75-8-20-3: GRANTING EXEMPTION FROM DEFERRAL
PERIOD - ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JUAN CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO
JACK V. BARNES FOR PROPOSED SENIOR CITIZENS' HOME.FROM THE
PROVISIONS OF ORDINANCE NO. 265, AS AMENDED
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-8-20-3
be adopted.
The exemption is granted upon the condition that the
applicant agrees to process his application in accordance
with the proposed Land Use Management Code and that the
application for this project shall not be effective until
the effective date of the Code. Further, the granting of
the exemption in no way binds the City to an action of
approval, nor is it to be considered as any indication that
an action of approval is being considered.
2. LAFCO - SPHERE OF INFLUENCE PROPOSED BY
CITY OF SAN CLEMENTE
Council received copies of a report dated August 20, 1975,
from the Acting Director of Planning regarding the proposed
sphere of influence submitted to the Local Agency Formation
Commission by the City of San Clemente. The proposed
sphere includes territory within the incorporated area of
San Juan Capistrano.
It was moved by Councilman Byrnes, seconded by Councilman
Heckscher and unanimously carried to request the Local
Agency Formation Commission to delay action on acceptance
of the draft Environmental Impact Report on the proposed
San Clemente sphere of influence until a LAFCO staff'report
adequately detailing the effects of adoption of the proposed
sphere is available.
DIRECTOR 01' PUBLIC WORKS/CITY ENGINEER
1. EARTH STORAGE - CAMINO LAS RAMBLAS/INTERSTATE FREEWAY 5 (MISBIN
Council received copies of a report dated August 20, 1975,
from the Director of Public Works regarding the temporary
earth stockpile on the property at the northern corner of
the intersection of Las Ramblas and Interstate Freeway 5.
The original understanding between the City and Morris
Misbin required restoration of the property to its original
condition by August 1, 1975; plans and permits were to be
obtained by April 1, 1975. A preliminary grading plan for
the area has been submitted by Mr. Misbin, and the Public
Works Director advised that Mr. Misbin is requesting an
18 -month extension of the original proposal. Mr. Elmer
Christiansen addressed the Council.
It was moved by Councilman Byrnes and seconded by Councilman
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Sweeney to deny the request of Mr. Misbin, but amend the
proposal to provide a 12 -month extension of time so that
plans may be prepared for the removal of the temporary
storage and restoration of the site. There was no vote
on the motion and the motion was withdrawn with the
concurrence of the second.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to grant a 1 -year extension
of the original approval granted in August, 1973..
RECESS AND RECONVENE
Council recessed to an Executive Session at 11:07 P.M. to consider
an appointment to the Planning Commission and reconvened at 11:09 P.M.
APPOINTMENT TO PLANNING COMMISSION
Mayor Weathers announced the appointment of Mrs. Phyllis
Shainman to the City Planning Commission to fill the vacancy
created by the resignation of Mrs. Carol Heim.
CITY COUNCIL AGENDA
Mayor Weathers announced that the remainder of the items listed
on the August 20th City Council Agenda would be considered on
Wednesday, August 27, 1975, at 7:00 P.M. in the City Council
Chamber.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:10 P.M. to the next meeting date of Thursday,
August 21, 1975, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
M RYNN OVER, CITY CLERK
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