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77-0720_CC_Minutes_Regular Meeting 107 JULY 200 1977 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 Heckscher at 7:05 P. M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Harold J. Lickey, Seventh-Day Adventist Church. ROLL CALL PRESENT: Yvon 0. Heckscher, Mayor Kenneth E. Friess, Mayor pro tem Richard D. McDowell , Councilman Douglas B. Nash, Councilman John B. Sweeney, Councilman ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Assistant City Manager/Director of Administrative Services; William D. Murphy, .Director of Public Works/City Engineer; Larry Lawrence, Associate Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Adjourned Regular ➢leeting of Jun e 22, 1977 : T:Ewas move y Counci man )lc owe and seconded by Councilman Sweeney that the Minutes of the Adjourned Regular Meeting of June 22, 1977 , be approved as submitted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash, and Mayor Heckscher NOES: None ABSENT: ' None .Adjourned Regular Meeting of June 29, 1977 : It was move y Councilman Sweeney a d seconded by Councilman McDowell that the Minutes of the Adjourned Regular Meeting of June 29, 1977 , be approved as submitted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash, and Mayor Heckscher NOES: None. ABSENT: None Regular Meeting of July 6, 1977 : It was moved by Councilman Sweeney and seconded by Councilman Friess that the Minutes of the Regular Meeting of July 6, 1977, be approved with the following amendments: (1) Page 7, Los Rios Precise Plan, the reference in the penultimate line is to read "the Steering Committee" rather than "The Arroyo Group; " (2) Page 7, Airport Ordinance, add the following to the second sentence of the last paragraph, " . until an appropriate relocation site is available;" (3) Page 13, Tentative Tract 9784 , the second portion of subparagraph (2) is to read, "that portion of Calle ".Miramar within the Meredith :Tact could be acquired by eminent domain proceedings. " The motion cirried by the following vote: -1- 7/20. 77 AYES: Councilmen Sweeney, McDowell, Friess, Nash, QQ and Mayor Heckscher NOES: None • `r -ABSENT: None a MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried that all ordinances be read by title only. HOUR OF ADJOURNMENT Councilman Sweeney noted that Resolution No. 75-3-5-6 had been adopted in March of 1975, establishing the hour of adjournment for City Council meetings at 11 :00 P.M. , including executive sessions, and urged Council to observe the adjournment hour. Mayor Heckscher noted that Council continues beyond 11 :00 P.M. when there is a consensus of the members to do so; Councilman Sweeney suggested that Council Indicate its intention to continue beyond 11:00 P.M. at an appropriate ' time during the meetings. ORAL COMMUNICATIONS . 1. CAPISTRANO AIRPORT (88) The following persons addressed the Council: (1) Franklin Dimino, Attorney at Law, 501 Avenida Teresa, San Clemente, representing Capistrano Flying Service and pilots of the area, in opposition to Airport closure; (2) Michael Berns, 26921 Canyon Crest, in favor of closing the Airport; (3) Rose Corrigan, Los Cerritos Ranch, in opposition to Airport closure. 2. CABLE TELEVISION ORDINANCE (43) Richard Young, representing Orange County Cable Communications Company, addressed the Council regarding the proposed ordinance regulating cable television systems 3. RESIDENTIAL CONSTRUCTION ON RIDGELINES/CITY TAX RATE •(55j Michael Berns, 26921 Canyon Crest , addressed the Council and requested definitive action to have the homes removed which are being constructed on the ridgeline in the Meredith Canyon tract. Dr. Berns also spoke in favor of reducing the City tax rate . 4. TENTATIVE TRACT 9795, EQUESTRIAN T IL LOVE) (85) Mr. Jack Love, 33051 Calle Aviador, addressed the Council regarding his request that Council reconsider specific items in connection with equestrian trail requirements for Tentative Tract 9795. WRITTEN COMIfUNICATIONS 1. TENTATIVE TRACT 9795. EQUESTRIAN TRAILS LOVE) Council received copies of a letter dated July 8, 1977 , from Jack Love regarding equestrian trail requirements for Tract 9795, and there was a consensus of the Council that the Conditions of Approval provide as follows: _2- 7/20/77 1. 09 a. Request for 5' Easements : The property owner is required to provide access to all equestrian lots by means of an irrevocable offer to dedicate 10 ' easements; in the event adjacent property is developed, a 5' easement will be required from that property with a corresponding release of 5' to property owners in Tract 9795. b. Trail Improvement : ounci not concur with Mr. Love's request to delete the requirement for trail improvement (see Duque Lane exception below) . C, Duque Lane: The property owner is to provide a 10 ' irrevocable offer to dedicate; in the event conflict with vehicular traffic occurs, the City would accept the offer. In the interim, horses would be restricted to the area of the road and no improvements required at the present time. d. Request for Approval of Quitclaim in 3 Years: ounci i not concur; however, at Me end of 3 years if the owners can prove that riders do not use the easement , there are no stables in the area, and the trails don't lead any- where, the property owner may make application to the Equestrian Commission for quitclaim; there will be no automatic release of easements. An amendment to the Equestrian Trail Conditions of Approval for Tract 9795 will be provided for Council at the meeting of August 3, 1977. PUBLIC HEARINGS 1. 1977 WEED ABATEMENT CHARGES (74) Council received copies of a report dated July 20, 1977, from the Director of Public Works regarding charges for 1977 weed and refuse abatement. Copies of individual property assessments were also forwarded. Public Hearing : Notice aving been given as required by law, Mayor Heckscher declared the Public Hearing open and inquired if anyone in the audience wished to address the Council regarding abatement procedures of charges. There being no response, Mayor Heckscher declared the Public Hearing closed. Resolution Confirming Cost Report : It was moved by ounci man weeney and seconded by Councilman McDowell that the following Resolution be adopted: _ RESOLUTION NO. 77-7-20-1 , WEED ABATEMENT - R OLUTION OF THE CITY COUNCIL OF THE I Y OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Sweeney , McDowell, Friess, Nash, and Mayor Heckscher . NOES: None ABSENT; None IMe Resolution adopts the cost report and orders the charges to be assessed to the individual properties for 1977 and directs that a copy of the report be sent to the County Assessor - Tax Collector for use in entering the assessments on the County tax rolls. -3- 7/20/77 li - 2. REZONE 77-7 AND DIVISION OF LAND 77-5 (CREBER) 10 (85) Council received copies of a report dated July 20, 1977, from Larry Lawrence, Acting Director of Planning, forwarding the recommendation made by the Planning Commission at their meeting -of June 28, 1977, that Rezone 77-7 and Division of Land 77-5 be approved. The request is for a zone change from GM (Growth" Management) to EL (Large Estate) for approxi- mately 5 acres of land located on the north side of Ortega Highway approximately one. mile ease of the San Diego Freeway and adjacent to the east side of the El Nido Mobile Home Park. The request includes a subsequent division of the land into two parcels of 1.6 acres and 3.4 acre4 respectively. The applicant is Martha E. Creber, Box 397, San Juan Capistrano. Public Hearing: ot, ce aving been given as required by law, Mayor Heckscher declared the Public Hearing open and inquired if anyone in the audience wished to address the Council. There being no response Mayor Heckscher declared the Public Hearing closed. Approval of Rezone 77-7 and Introduction of Ordinance No. 328: 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 McDowell and seconded by Councilman Sweeney that the following Ordinance be introduced: ORDINANCE NO. 328, REZONE 77-7 (CREBER} - N ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR' S PARCEL NO. 124-270-04 The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell , Friess, Nash, and Mayor Heckscher, NOES: None ABSENT: None Approval of Division of Land 77-5 and opAd— tions Resolution No. 77-7-20-T-7 It was moved by Councilman McDowell and seconded by Councilman Sweeney that the following Resolution be adopted: RESOLUTION NO. 77-7-20-2 , DIVISION OF LAND 77-5 (CREBER) - A RESOLUTION OF THE CITY COUNCIL Ok E CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING DIVISION OF LAND 77-5 (CREBER) The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash, and Mayor Heckscher NOES: None ABSENT: None The Resolution sets forth the Conditions of Approval for the subject Division of Land. -4- - 7/20/77 11:1 ORDINANCES 1. RESIDENTIAL TRASH COLLECTION RATES ADOPTION OF ORDINANCE NO. 325 (45)- The City Attorney read the title of the Ordinance next in order. Farther reading of all ordinances had been waived earlier in the Meeting. It was moved by Councilman McDowell and seconded by Councilman Sweeney that the following Ordinance be adopted: ORDINANCE NO. 325; TRASH COLLECTION RATES - AN ORDINANCE OF THE CITYANO, CALIFORNIA, AMENDING ORDINANCE NO, 223 RELATING TO CHARGES FOR COLLECTION OF SOLID WASTE FROM RESIDENTIAL UNITS AND REPEALING ORDINANCE NO. 296 The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell , Friess, Nash and Mayor Heckscher NOES: .None ABSENT: None 2. CAPISTRANO AIRPORT (88) Council received copies of the following items in connection with proposed regulations and closure of the Capistrano Airport : (1) Copy of Ordinance No. 326 as introduced at the meeting of July 6 , 1977, defining and regulating the use and hours of operation of the Airport ; (2) Report dated July 20, 1977, from the City Manager entitled "Regulating Airport Use" forwarding a proposed Resolution providing for closure of the Airport by June 1, 1978, and setting forth issues for Council consideration; (3) Memorandum dated July 20, 1977, from Councilman Sweeney proposing the expenditure .of $5,000 for a study of alternate airport locations and the establishment of a Joint Powers Agency between the City of San Juan Capistrano, the City of San Clemente, and the County of Orange; (4) . Memorandum dated July 14, 1977, from the City Attorney citing the legal implications of closing the Airport, as requested by Council on July 6th; (5) Letter dated July 11, 1977, from Bruce F. Winton requesting a waiver from provisions of the Airport Ordinance to allow continued use of his twin-engine aircraft . Ado tion of Ordinance No. 326 egu sting irport Use an ours of Operation: Councilman McDowell read the title of the ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman McDowell and seconded by Councilman Sweeney that the following Ordinance be adopted: ORDINANCE NO. 326 , REGULATING AIRPORT USE - N ORDINANCE OF THE CITY OF SAN JUAN C PISTRANO, CALIFORNIA, DEFINING AND REGULATING THE USE AND HOURS OF OPERATION OF THE CAPISTRANO AIRPORT RUNWAY AND TAXIWAY, AND REPEALING ORDINANCE NO. 304 I Discussion ensued, and it was moved by Councilman McDowell and seconded by Councilman Sweeney to call the question; the motion and second were subsequently withdrawn. -5- 7/20/77 112 It was moved by Councilman Nash that a restriction on transient Aircraft be included in the Ordinance, as originally proposed; with the inclusion of that amendment , 11ir. Nash stated he would support delaying final action on. the, Airport closure Resolution for six weeks so that the proposed committee could study and report on the memoranda received .from Councilman Sweeney and the City Manager. There was no. second to the motion. It was moved by Councilman Friess, seconded by Councilman Sweeney and unanimously carried to call the question. The vote on adoption of Ordinance No-. 326 was as follows: AYES: Councilmen Sweeney, McDowell, Friess and Mayor Heckscher NOES: Councilman Nash, who stated for the record that his vote was in the negative based on the fact that the Ordinance does not restrict transient aircraft. ABSENT: None A royal of Request for Exemption from r finance o. Vinton . it was moved by Councilman McDowell and seconded by Councilman Sweeney that an exemption be granted to Bruce F. Winton, 601 Del Cerrito, San Clemente, for the use of his twin-engine aircraft. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, and Mayor Heckscher NOES: Councilman Nash ABSENT: None Adoptirpon of Resolution No. 77-7-20-3, ort osure ate: t was move y : ayor Heckscher; seconded by Councilman Friess that the following Resolution be adopted, as amended: RESOLUTION NO. 77-7-20-3 , AIRPORT CLOSURE ATE - JUNE 1 , 1978 - A RESOLUTION OF THE CITY COUNCIL OF THE NIT—OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING JUNE 1, 19781 AS THE CLOSURE DATE OF THE CAPISTRANO AIRPORT The motion carried by the following vote: AYES; Councilmen Sweeney, McDowell, Friess, and Mayor Heckscher NOES: Councilman Nash ABSENT: None The Resolution contains the following provisions: (1) Closure of the airport to the public for aircraft usage by June 1 1978; (2) Prior to June 1, 1978, the City reserves the right to, and at anytime may, extend the date of closure by quarterly increments in the event efforts to locate and establish a new airport site in the South Orange .County area would be benefitted thereby. (3) The City will assist in efforts to locate and establish a new airport site in the South Orange County area. -6- 7/20/77 113 ,� pro osed Jooint Powers Agency for ocat on ternateirpor te: With e concurrence of the council , Mayor Heckscher directed that the item be placed on a future Agenda for further report on the following items pursuant to Mr. Sweeney's memorandum of July 20, 1977 : (1) A determination of how soon a committee could be formed; (2) A determination of whether the assistance of an outside expert would be useful in addressing the entire issue, including relocation of the Airport . The report is also to include a determination of the desirability of preparation of an Environmental Impact Report. 3. REGULATING CABLE TELEVISION SYSTEMS (43) Council received copies of a report dated July 20, 1977 , from the Assistant City Manager forwarding copies of Ordinance No. 327, as introduced on July 6 , 1977. Mr. Ed Dowgialo, cable television consultant for the City, addressed the Council. Council members suggested that the following amendments be made to the Ordinance: (1) Page 8, Section 9, Paragraph (C) , add: "The signature of. a City official may be accepted in lieu of that of a certified public accountant ; " (2) Page 9, Section 10, Paragraph (A) , change the term from 10 years to 12 years; (3) Page 19, delete Paragraph (F) ; (4) Page 21, Subparagraph (4) (ii) , the first sentence is to read, "The Council shall approve or disapprove any . increase or decrease of the basic service rates or establish additional basic service areas. . ." (5) Page 22, Subparagraph (g) , change the amortization period from not less than 20 years to not less than 12 years. (6) Page 28, Section 20,. Paragraphs (A) and (B) , combine both sections into one section providing for Council determination of grantee at a public hearing. Re-Introduction of Ordinance No. 327 : 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 McDowell and seconded by Councilman Sweeney that the following Ordinance be re-introduced due to substantive changes: ORDINANCE NO. 327 CABLE TELEVISION SYSTEMS AN ORDINANCE THE CITY OF bAN JUAN CAPI RANO, CALIFORNIA, ESTABLISHING RULES AND REGULATIONS FOR CABLE TELEVISION SYSTEMS The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash, and Mayor Heckscher NOES: None ABSENT: None -7- 7/20/77 r Y 416 :. 4. AMENDMENT TO LAND USE MANAGEMENT CODE RE DEVELOPMENT FEES (55) Council received copies of a report dated July 20, 1977, from the Director of Public Works forwarding a proposed ordinance amending Section 2.3.18 of the Land Use Management Code. Introduction of Ordinance No. 329: The City Attorney ren a tit a of the Ordinance next in order. Further reading of. all ordihancos had- been waived earlier .in the meeting. It was moved by Councilman McDowell and seconded by Councilman Friess that the following Ordinance be introduced : ORDINANCENO. 329 DEVELOPMENT FEES AND BONDS - I HE CITY OF SAN JUANI O, CALIFORNIA, ESTABLISHING FEES, SECURITY, AND PROVIDING FOR THE COLLECTION THEREOF, AMENDING ORDINANCE NO. 293 The motion carried by the following vote : AYES: Councilmen Sweeney, McDowell, Friess, Nash, and Mayor Heckscher NOES: None ABSENT: None RECESS AND RECONVENE Council recessed at 9:10 P.M. and reconvened at 9 :27 P. M. RESOLUTIONS 1. CITY TAX RATE, FISCAL YEAR 1977-78 (86) Council received copies of a report dated July 10, 1977, from the Assistant City Manager setting forth several alternatives for the City tax rate for fiscal year 1977-78. The City's total assessed valuation has recently increased approximately 30% to . 90 million dollars. It was moved by Councilman Friess and seconded by Councilman Nash that the following Resolution be adopted: RESOLUTION NO. 77-7-20-4 , 1977-78 CITY TAX RATE - A RESOLUTION OF THE CITYCOUNCIL OF TTY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING AND IMPOSING THE AD VALOREM TAX RATE FOR FISCAL YEAR 1977-78 AT EIGHTY- NINE CENTS ($0.89) PER ONE HUNDRED DOLLARS ($100.00) OF ASSESSED VALUE The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash, and Mayor Heckscher NOES: None ABSENT: None The tax rate, which represents a $0.10 reduction from the 1976-77 rate, is established as follows : General Fund : $0.82 General Obligation - Bond Redemption: 0.07 Total $0.89 -8- 7/20/77 BIDS, CONTRACTS , AGREEMENTS 1., CITY LIABILITY AND FIRE INSURANCE COVERAGE - AUTHORIZATION TO ACCEPT IN ER (49) Council received copies of a report dated July 20, 1977, from the Assistant City Manager advising that competitive bids are being secured for the City' s liability and fire insurance, which expires on July 31, 1977. It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to authorize the City staff to accept the low qualified bidder 's insurance binder for the period August 1, 1977 , until Council action at the meeting of August 3, 1977, said binder to include coverage in connection with the Capistrano Airport operation. CONSENT CALENDAR It was moved by Councilman :McDowell and seconded by Councilman Sweemey that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES : Councilmen Sweeney, _ McDowell, Friess, Nash, and Mayor Heckscher NOES: None ABSENT: None 1. CITY TREASURER' S REPORT OF INVESTMENTS AS OF JUNE 30, 1977 (41) The City Treasurer's Report of Investments as of June 30, 1977, is approved as submitted. 2. ' CITY TREASURER' S REPORT OF 1911 ACT BOND ELINQUENCIES AS OF JUNE 30, 1977 (41) . The City Treasurer's Report of 1911 Act Bond Delinquencies as of June 30, 1977, is approved as submitted. 3. CITY TREASURER' S REPORT OF FUND CASH BALANCES SOF MAY 31, 1977 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the eleven-month period ending May 31, 1977, is approved as submitted. 4. . RESOLUTION COMMEMORATING ELIZABETH FORSTER (36) The following Resolution is adopted: RESOLUTION NO. 77-7-20-5, COMMEMORATING ELIZABETHTE - A RESOLUTI N OF E CITY UTNCILO TIE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMEMORATING ELIZABETH "BETTY" FORSTER Mrs. Forster, a pioneer resident and active community participant , passed away on June 29 , 1977. 5. TRAFFIC SIGNAL INSTALLATION - DEL OBISPO STREET/ PASEO ADEL INTO - PROV INE EXTENSION (827 Change Order No. 3 , requested by Galland Electric , for a 20-day extension of time for the installation of the traffic signal at the intersection of Del Obispo Street and Paseo Adelanto is approved. The extension is a result of delays in material _g_ 7/20/77 . -116 delivery; the new date of project completion is- August 15, 1977. S. AGREEMENT FOR CONSULTANT ENGINEERING SERVICES - : I O CAPISTRANO UTILITYUN E G I G I I (UTILITYPLANNING, I (90) The Agreement between the City and Utility Planning, Inc. , of Irvine, California , for consultant engineering services in the administration, design, and construction phases of the Camino Capistrano Utility Undergounding District , is approved; the Mayor is authorized to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. APPROVAL OF WARRANTS (41) After clarification, it was moved by Councilman McDowell, seconded by Councilman Friess and unanimously carried to approve the List of Demands dated July 20, 1977 , Warrants Nos. 11656 through 11764 , inclusive, and 1911 Act Warrants Nos. 0206, 0207, 0208, and 0209, in the total amount of $230,456.31. REPORT OF PLANNING COMMISSION MEETING OF JULY 12, 1977 (67) This item was removed from the Consent Calendar for the purpose of discussing the change of zoning from residential to commercial- recreational on the Van Roekel property which is located on County property adjacent to the north City limits. The City had opposed the zone change for the area, which lies within the City 's sphere of influence, as had residents of Spotted Bull Lane. With the concurrence of the Council and at the suggestion of Councilman Sweeney, Mayor Heckscher directed the City Attorney to report back on the feasibility of filing an injunction -with regard to County approval of recreational land use within the City's sphere of influence. It was moved by Councilman. McDowell, seconded by Councilman Sweeney and unanimously carried to order the Report of the Planning Commission Meeting of July 12, 1977, received and filed. APPROVAL OF EQUESTRIAN COMMISSION BYLAWS (23) Council received copies of a report dated July 20, 1977, from the City Clerk forwarding the Bylaws of the Equestrian Commission, as approved at their meeting of July 11, 1977. Commission ByLaws require final approval by the City Council , pursuant to Ordinance No. 321. Mayor Heckscher requested that the following wording be. added to Paragraph (3) of the stated Purpose: . and to coordinate the same with the Parks and Recreation Commission." It was moved by Councilman Sweeney, seconded by Mayor Heckscher and unanimously carried that the Equestrian Commission ByLaws be approved with the inclusion of the above-mentioned addition. PLANNING COMMISSION 1. RESIDENTIAL GROWTH MANAGEMENT - PROPO ED AMENDMENT TO OR IN E NO. 314 RE ANNEXATIONS (28) Council received copies of a report dated July 6 , 1977 , from the Director of Planning regarding residential unit allocations for annexed projects pursuant to the Growth Management Ordinance. After discussion and with the concurrence of Council , Mayor Heckscher directed that Mr. Lawrence report further on the matter prior to the setting of a Public Hearing before the Council , said report to include provisions for Council flexibility -10- 7/20/77 in the event annexation becomes desirable. AGRICULTURAL PRESERVATION COMMITTEE 1. RESOLUTION ESTABLISHING REGULATIONS AND PROCEDURES lUff W ILLI BISON ACT CONNTRAM (68) Council received copies of a report dated July 6 , 1977 , from Councilman Nash', Chairman of the Agriculture Preservation Committee, forwarding the following materials: (1) Resolution for the Administration of Agricultural Preserves with the following Exhibits: Exhibit A - maps designating preserve areas Exhibit B - Williamson Act Form Contract Exhibit C - List of Allowable and Related Uses Exhibit D - Application Form for Williamson Contract and Checklist (2) Memorandum setting forth financial aspects of the Williamson Act Councilman Nash advised that the Resolution and Exhibits provide the mechanism for bringing tax assessments in line with actual agricultural value of the land. Pursuant tothe Land Conservation Act of 1965, the Resolution adopts rules governing the administration of such preserves, including procedures for initiating, filing, and processing requests to establish individual agricultural preserves. Adoption of Resolution No. 77-7-20-6: It was moved by Councilman Nash and seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 77-7-20-6. ADMINISTRATION OF AGRICULTURAL PRESERVES - A RESOLFT-IONOF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING RULES FOR THE PROCESSING AND ADMINISTRATION OF AGRICULTURAL PRESERVE CONTRACTS The motion carried by the following vote: AYES: Councilmen McDowell, Friess, Nash, and Mayor Heckscher NOES: Councilman Sweeney ABSENT: None Invitations to Property Owners: It was moved by Councilman Nash and seconded by Councilman Friess to authorize the issuance of invitations to farmers in the agriculture preserve to enter into Williamson Act agreements with the City. The motion carried by the following vote: AYES: Councilmen McDowell, Friess, Nash, and Mayor Heckscher NOES: Councilman Sweeney ABSENT: None 2. FENCING OF AGRICULTURE AREA (KINOSHITA) (68) Council received copies of a report dated .July 6, 1977 , from the Agriculture Preservation Committee forwarding a letter dated June 6, 1977 , from Shigeru Kinoshita requesting assistance in fencing two areas of his property subject to recurrent vandalism and trespassing. The fencing is proposed to surround the well sites to the east of Alipaz Street at the intersection of Camino del Avion. Additional fencing would be placed aligning -11- 7/20/77 118 Alipaz Street to the storm drain on Camino del Avion. The - proposed fencing would be within City right-of-way; the cost is estimated at $2,800 which would be paid from the Agriculture Preservation Fund, Councilman Sweeney noted that the fencing should have been included in the alignment project for Alipaz Street. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to authorize the City Manager and staff to proceed with the project subject to coordinating the improvements with Mr. Kinoshita; expenditure of an amuunt not to exceed $2,800 is authorized. 3. REPORT ON COASTAL COMMISSION RESTRICTIONS (68) Council received copies of a report dated July 6, 1977, from Councilman Nash, Chairman of the Agriculture Preservation Committee, forwarding the following: (1) Proposed letter addressed to the California Coastal Zone Conservation Commission requesting that the City be granted authority to administer Condition #2, Agriculture Lands, on the Southeast Regional Reclamation Authority 's (SERRA) Permit #A-62-76; (2) Report setting forth the City 's position on Agriculture Preservation, Planning Policies and Ordinances , and proposed plan to allow the City to administer the condition which affects approximately 1200 acres of land. The City's request includes : (1) Designation of the City as the final "permit granting" authority in all lands subject to • Condition #2, but which lie outside of the City' s 230-acre agriculture preserve area; (2) the Coastal Commission to •remain the "permit granting" authority for all lands within the 230- acre preserve area; and, (3) the City's Growth Management Ordinance, Land Use Management Code, General Plan , and other adopted planning regulations to be used by the City to determine the timing of sewer connection permits in the areas under the City's jurisdiction. Council also received copies of a memorandum dated July 20, 1977, from Loretta Murray , Administrative Assistant, regarding the request of SERRA that Condition #2 be repealed. Ms. Murray advised that at a Public Hearing on July 19, 1977 , the Commission consensus was that the matter be discussed further at a subsequent meeting to be scheduled in mid August . It was moved by Councilman Nash and seconded by Councilman Friess to approve the recommendation of the Agriculture Preserva- tion Commission and accept the proposed plan to designate the City as the permit granting authority for all lands subject to the Condition but which lie outside the 230-acre preserve; to reserve the permit granting authority to the Coastal Commission for the lands within the City's 230-acre preserve; and, to authorize the City Manager to forward the above-mentioned letter and report to the Coastal. Commission. The motion carried by the following vote: AYES : Councilmen Friess, Nash, and Mayor Heckscher NOES: Councilmen Sweeney and McDowell ABSENT: None 4, ORANGE COUNTY AGRICULTURE TASK FORCE REPORT (68) It was the consensus of the Council that this item be held over for consideration at the next regular meeting. -12- 7/20/77 119 COBNCIL ACTIONS 1. NOMINATION TO ORANGE COUNTY HUMAN RELATIONS COMMISSION (56) Ms. Maria Allegre, 26236 Via de Gavilan, addressed the Council to advise .that she had been working unofficially with the Commission on employment and education committees. It was moved by Councilman Sweeney, seconded by Councilman Friess and unanimously carried to nominate Maria Allegre to the Human Relations Commission of Orange County. . COUNCIL REMARKS Council Members referred briefly to the following items: appointment of a delegate to the Orange County Health Planning Council ; proposal for Councilmanic Districts; ridgeline construction in the Meredith development ; possible downtown parking area across from the Mission; Commercial/Industrial Incentives Committee questionnaires. EXECUTIVE SESSION Council recessed to an Executive Session at 11 :03 P.M. for the purpose of discussing legal matters, the City Clerk being excused therefrom, and reconvened at 11 :23 P.M. ADJOURNMENT There being no further business before the Council , the meeting was adjourned at 11 : 25 P.M. to the next regular meeting date of Wednesday, August 3 , 1977, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, MARY ANN VER, CITY CLERK ATTEST: YVON 0. HECKSCHER, MAYOR -13- 7/20/77