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77-1207_CC_Minutes_Regular MeetingDECEMBER 7, 1977 230 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 Mr. Dale Hickey, Capistrano Valley Baptist Church. ROLL CALL PRESENT: Yvon O. 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; Thomas G. Merrell, Director of Community Planning and Development; Thomas Baker, Director of Recreation; George Alvarez, Traffic Engineer; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of November 16, 1977: It was moved by Councilman Sweeney and seconded by Councilman McDowell that the Minutes of the Regular Meeting of November 16, 1977, be approved with the following amendments: Page 5, Public Hearing, correct the name to Robert Sycks; Page 7, Item 5, second paragraph, ninth line, change to read, ". . . in a special City fund ." The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney and seconded by Councilman Nash that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None ORAL COMMUNICATIONS 1. I REQUEST FOR WA SOUTH COAST C: (93) Michelle Scott, South Coast Clovers 4-H Club, 31722 Via Belardes, requested approval of their request for a waiver of the $50 zone variance filing fee in conjunction with a new 4-H farm site. The item is scheduled for the Council meeting of December 21, 1977 2. AMENDMENT TO GENERAL PLAN CIRCULATION ELEMENT (46) The following persons addressed the Council: -1- 12/7/77 231 1. Jim Allen, 33292 Via Mayor, spoke in opposition to the General Plan designation of Alipaz Street as a primary highway and in opposition to the southern extension of Alipaz Street due to traffic volumes, proximity to a school, the possibility of "bottleneck" traffic situations where the street decreases to two lanes, destruction of wildlife, adjacent trails utilized by five developments, existing catch basins along both sides of the street, noise and pollution. 2. Pat Douglas, Rio Vista area, spoke in opposition to the Alipaz Street extension north of Del Obispo Street from both a financial and environmental aspect and cited traffic, noise, and pollution. Ms. Douglas noted that the homes in her area front on Alipaz. 3. Sharon Allen, 33292 Via Mayor, noted that freeway noise bounces across the valley and affects everyone and that the valley will become a traffic corridor rather than a scenic area; an extension of Alipaz does not conform to agricultural land use; the projected 40,000 cars per day would generate noise, traffic and pollution. 4. Nanette Banbury, 25982 Via del Rey, requested that Council give serious consideration to the southern extension of Alipaz and noted that traffic would be 18' from their fence causing noise and pollution; the roadway would narrow to an 80' width with no parking on either side. 5. Frances Lingo, 33241 Via Mayor, spoke in opposition to Alipaz Street use as a primary highway since traffic would back up from Pacific Coast Highway, suggested that the San Diego Freeway be widened instead, and stated there appears to be a lack of information to the public. 6. Robert Cool, 26462 Calle Rio Vista, stated the Council has a choice of either retaining the City as it currently exists or allowing it to become the size of Los Angeles. 7. Stephen Michalec, 808 North El Camino Real, San Clemente, requested that an early decision be made. 8. John Stressman, 31756 Via Belardes, noted his opposition to Alipaz as a four -lane road and suggested that it be a two-lane road with bike paths and landscaping. 3. SENIOR CITIZEN AD HOC RECREATION COMMITTEE (62) Gillian Cannon, 26467 Calle San Luis, member of the Parks and Recreation Commission, addressed the Council in support of the appointment of an ad hoc Senior Citizen Committee by the Parks and Recreation Commission. 4. NOISE COMPLAINT - WATER WELL SITE (72) Ron Shearer, 26561 Briarwood Lane, addressed the Council to protest the noise and vibration caused by a Waterworks District well site near his home. 5. COUNCIL PROCEDURES - CAPISTRANO COMMUNITY AFFAIRS COUNCIL (61) Marilyn Williams, President, Capistrano Community Affairs Council, requested that their letter regarding Procedural Recommendations be placed on the City Council Agenda as a written communication. Mayor Heckscher requested that the item be placed on the Agenda of December 21st. -2- 12/7/77 23� PUBLIC HEARINGS 1. GENERAL PLS (46) Proposal: A City -initiated Amendment to the Circulation Element of the General Plan and adoption of the Master Plan of Streets and Highways. The amendments to the Circulation Element recommended by the Planning Commission at their meeting of November 23, 1977, include text changes and the following map changes: -3- 12/7/77 Street or Highway Limits Recommendation 1. Unnamed Commuter North from Junipero Add Serra Road 2. Junipero Serra Road Rancho Viejo Road to Delete E1 Horno Road 3. Unnamed Commuter El Horno Road to Delete La Pata 4. Avenida Siega Ortega Highway to Retain Calle Arroyo (Tierra del Caballo) 5. Calle Arroyo La Novia to Tierra Add del Caballo 6. Camino del Avion Alipaz Street to Delete Camino Capistrano 7. "Crumrine" Commuter Aguacate Road west Add to City limits 8. x Unnamed Commuter Aguacate Road to Delete Alipaz Street 9. Avenida Aeropuerto Alipaz Street to Delete industrial park (over creek) 10. Del Obispo Street Near Stonehill Drive Realign to and Alipaz Street intersect Alipaz Street south of Stonehill Dr. 11. Via de Agua Meredith to Camino Delete Las Ramblas 12. Unnamed Commuter San Juan Creek Road Delete to Camino Las Ramblas 13. "Route D" Commuter Via California over Window 'Add Hill to Avenida Calita 14. "Route E" Commuter Camino Las Ramblas to Add Calle Miramar 15. "Livacich" Commuter Terminate street before Delete extension City boundary (delete beyond City limits) The Planning Commission also recommends adoption of the Master Plan of Streets and Highways to conform with the Circulation Element -3- 12/7/77 2 3a�d the formation of a special committee to study and report on the impacts of the proposed southerly Alipaz extension and Stonehill valley crossing. Councilman Nash noted that an error exists on the Master Plan in that commuter and arterial highway descriptions are reversed. Written Communications: Report dated December 7, 1977, from the Director of Community Planning and Development forwarding the Planning Commission recommendation of approval, amended map and amended text of the Circulation Element, and map of Master Plan of Streets and Highways. (2) Letter dated December 6, 1977, from Bill Timoti, 25702 Calle Jardin, in opposition to the extension of Alipaz Street. Public Hearing: Notice having 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; the following persons responded: 1. Wyatt Hart, Chairman of the Traffic and Transportation Commission, advised that he was present to answer any questions. 2. Ted Michegan, 15707 East Imperial Highway, La Mirada, advised that he is a general partner on the "knoll" property and wishes to be on record in opposition to the straight - across alignment of Stonehill since it would bisect their property; an early Council decision was requested. 3. Lloyd Archibald, 31746 Via Belardes, spoke in opposition to the Alipaz extension since it would bypass the downtown commercial area. 4. Marilyn Williams, President, Capistrano Community Affairs Council, requested that the arterial highway funds of the City not be placed in jeopardy since the City Master Plan does not match the County Master Plan. 5. Paul Yoder, 26961 Calle Granada, Capistrano Beach, interested partner in the "knoll" property, noted that the straight - across alignment of Stonehill Drive would necessitate freeway ramp changes involving the State and cited the high cost of any modifications to the intersection at Camino Capistrano. There being no one else wishing to address the Council, Mayor Heckscher declared the Public Hearing closed. Councilman Friess requested information regarding the relationship of the County and City master plans and whether funding would be jeopardized if the City's plan varied significantly from the County plan. The Director of Public Works advised that there is a possibility that funding could be jeopardized if the plan does not substantially comply with the arterial highway system, as determined by County staff and the Board of Supervisors. Councilman McDowell suggested that Dana Point access should be linked to the freeway at Victoria Boulevard in Capistrano Beach. The Traffic Engineer advised that the location had been considered in County alignment studies, but it had been determined that the straight -across alignment was preferable. Councilman Nash noted that the southern extension of Alipaz would only benefit the County and that the City already has north -south access through Del Obispo Street, Camino Capistrano and the San -4- 12/7/77 X34 Diego freeway, with a possible future use of Valle Road. Mr. Nash stated he could support designating a portion of Alipaz south of Del Avion as a commuter with a cul-de-sac at the south end to provide dual access to the Troy, Mission Bell homes area; designating Alipaz north of Del Obispo as an arterial could not be supported since residents of the City would not be benefited, additional traffic would jeopardize agriculture preservation, there would be an adverse impact on the air quality of the valley. Councilman Friess noted that Alipaz Street should not be extended beyond the City limits, agreed that the southern extension should end in a cul-de-sac and that the street should be designated as a commuter road, and cited his concern with traffic flow through the City to the Dana Point area. Councilman Sweeney noted that although he would prefer not to have a valley crossing, Stonehill Drive appears the best, would agree to the designation of Alipaz as a commuter road if it were con- nected and used, rather than ending in a cul-de-sac. Wyatt Hart noted that the Traffic Commission recommended that the Street of the Golden Lantern be connected through County territory to serve the Dana Point area. Mayor Heckscher noted that there had been alternatives for Stonehill Drive other than the straight -across alignment, that connecting Stonehill to the freeway would necessitate a major project with construction of a number of on and off ramps, that a landscaped median on Alipaz would discourage its use as a secondary or primary access. Councilman Nash noted that pages C-3 and C-4 of the proposed text changes needed updating. It was moved by Councilman Nash and seconded by Councilman Friess that additional changes be made on the list of Recommended Map Changes, as follows: (1) add Alipaz Street as a commuter from Junipero Serra to the Mission Bell Tract; (2) delete Alipaz south of the Mission Bell Tract; and further that General Plan Amendment 77-3A be adopted in accordance with that amended Plan and that the Master Plan of Streets and Highways be amended in accordance therewith; and,that Stonehill be modified with both a north "on" and a south "off" ramp. The motion failed by the following vote: AYES: Councilmen Friess and Nash NOES: Councilmen Sweeney, McDowell and Mayor Heckscher ABSENT: None Adoption of General Plan Amendment 77-3A (Circulation Element): It was moved by Councilman Sweeney and seconded by Councilman McDowell that the following additions be made to the list of Recommended Map Changes: Street or Highway Limits Recommendation 16. Alipaz Street North of Del Obispo Plan as a secondary; Street to Junipero to be built to com- Serra muter standards only when a need exists 17. Alipaz Street South from Del Obispo Plan as a secondary, Street to the Stonehill build to commuter extension standards -5- 12/7/77 235 Street or Highway Limits With the concurrence of Councilmen Sweeney and McDowell, Mayor Heckscher amended the motion by the addition of the following to No. 17, Recommendation: The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell and Mayor Heckscher NOES: Councilmen Friess and Nash ABSENT: None Recommendation with no construction until such time as the Stonehill exten- sion to the freeway is built so that the streets can connect. It was moved by Councilman Sweeney and seconded by Councilman McDowell that the following Resolution be adopted: 77-12-7-1 77-3A CIRCULATION ELEMENT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 77-3A, AN AMENDMENT TO THE CIRCULA- TION ELEMENT OF THE CITY'S GENERAL PLAN The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell and Mayor Heckscher NOES: Councilmen Friess and Nash ABSENT: None RECESS AND RECONVENE Council recessed at 9:10 P.M. and reconvened at 9:30 P.M. and completed consideration of General Plan Amendment 77-3A. Adoption of Master Plan of Streets and Highways: It was moved by Councilman Sweeney and seconded by Councilman McDowell that the following Resolution be adopted, said Master Plan to conform with the adopted Circulation Element: RESOLUTION vrr_Uwevc — -2. MASTER CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MASTER PLAN OF STREETS AND HIGHWAYS The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell and Mayor Heckscher NOES: Councilmen Friess and Nash ABSENT: None Stonehill Drive Extension to Freeway: It was moved by Councilman Friess and seconded by Councilman Sweeney to recommend to the County that the Stonehill Drive crossing be straight across the valley, to re -affirm the City's -6- 12/7/77 236 previous recommendation in that regard with the condition that on and off ramps be provided at the freeway access. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess and Mayor Heckscher NOES: Councilman Nash, who indicated his vote was in the negative due to the previous motion ABSENT: None 2. WITHDRAWAL OF GENERAL PLAN AMENDMENT 77-3B - FORSTER CANYON COMPREHENSIVE PLAN_ KING (46) Pursuant to the recommendation of the Planning Commission and with the consent of the applicant by letter dated November 17, 1977s it was moved by Councilman Nash, seconded by Councilman Friess and unanimously carried to withdraw Item B from General Plan Amendment 77-3 and continue it as a part of General Plan Amendment 78-1; and, to direct the Planning Commission to continue review of the item in order to forward a recommendation on the amendment at an early date. 93 (85) Proposal: UNIT ALLOCA request for dwelling unit allocations under the provisions of Ordinance No. 314 (Growth Management) as amended to permit the construction of 32 residential units during calendar year 1978 for a project eligible for annexation to the City. The 16 -acre property is located at the southwesterly terminus of Via Escolar immediately north of Village San Juan and is known as Assessor's Parcel No. 650-011-07. The tentative tract and prezone were approved on April 6, 1977; a Negative Declaration has been issued. Applicant: Ervin Engineering, 4500 Campus Drive, Suite 114, Newport Beach 92660, on behalf of Richard Mogan, the property owner. Written Communications: Report dated December 7, 1977, from the Director of Community Planning and Development forwarding the recommendation made by the Planning Commission at their meeting of November 8, 1977, that the growth management phasing schedule be established at 16 dwelling units during 1978 and 16 dwelling units during 1979 and that the project be allocated 51 points on the Project Rating Scale. Councilman Nash requested that future reports include a roster of the Project Rating Scale allocated to each development for compari- son purposes. Public Hearing: Notice having 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, the Public Hearing was declared closed. Adoption of Project Rating Scale: It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to adopt a Project Rating Scale point rating of 51 points for Tentative Tract 9578 based on a Specific Criteria of 29 points and a General Criteria of 22 points as set forth in Attachment C of the Planning Department report. Adoption of Project Phasing Schedule: It was moved by Councilman Sweeney and seconded by Councilman Friess that the following project phasing schedule be adopted: -7- 12/7/77 237 No. of Dwelling Units for Which Calendar Year Building Permits May be Issued 1978 16 1979 16 The motion carried by the following vote: AYES: Councilmen Sweeney, Friess, Nash and Mayor Heckscher NOES: Councilman McDowell, due to complaints that will arise from phased construction ABSENT: None Processing of Annexation: It was moved by Councilman Sweeney and seconded by Councilman Friess that staff be authorized to submit the application materials necessary for processing the annexation through the Local Agency Formation Commission. The motion carried by the following vote: AYES: Councilmen Sweeney, Friess, Nash and Mayor Heckscher NOES: Councilman McDowell ABSENT: None 3. HOUSING AND COMMUNITY DEVELOPMENT ACT - FOURTH YEAR PROGRAM (LOS RIOS AREA) (38) Proposal: City application for fourth year funding under the County Housing and Community Development Grant Program for projects to be con- sidered as part of the implementation phase of the Los Rios Precise Plan. The area designated for expenditure of funds is commonly known as Los Rios -Little Hollywood and is bounded by Trabuco Creek on the west, Del Obispo Street on the south, Santa Fe Railway right-of-way on the east, and Tract 7196 on the north. The project has been reviewed and processed in accordance with the California Environmental Quality Act; the City's Environmental Review Board has determined that the project will have a significant impact on the environment. Written Communications: Report dated December 7, 1977, from the Director of Community Planning and Development forwarding the necessary documentation. Mr. Merrell advised that County contingency funds may be available to increase the allocations for construction of drainage and sewer systems. Public Hearing: _ Notice having 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, the Public Hearing was closed. Approval of Fourth Year Grant Application: It was moved by Councilman Nash and seconded by Councilman Sweeney to approve the fourth year grant application, which includes the Assurance and Cooperation Agreements (approved by the City Council on November 16, 1977), Housing Assistance Plan, and funding request for specific project implementation, by adoption of the following Resolution: -8- 12/7/77 77 - THE CITY COUNCIL OF THE CI CALIFORNIA, APPROVING THE THE HOUSING AND COMMUNITY PROGRAM WITH THE COUNTY O Fvlln ITL - t nGovV U11v1N yr TY OF SAN JUAN CAPISTRANO, CITY'S PARTICIPATION IN DEVELOPMENT BLOCK GRANT ORANGE The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None The grant proposal and preliminary funding estimates are as follows: Public Improvements: (a) Design and construct a drainage system for the project area in'order to relieve current flooding problems on Los Rios, Ramos, and Mission Streets - $226,000 238. (b) Design and construct a sanitary sewer system to service all residential units within the project area - $107,000 (c) Design and construct street improvements for Ramos, Los Rios, and Mission Streets without altering the rural character of the neighborhood - $291,000 Housing Rehabilitation: a Establishment of a "fix up" grant program which would allow existing residents to make minor repairs and improvements to the current housing stock. As noted in the Housing Assistance Plan (Exhibit C), major emphasis has been placed upon the rehabilitation of the existing housing in order to prevent possible dislocation of existing low and moderate income families - $25,000 4 CT (55) Proposal: pied amendment to Section 3.4.15.0 of Ordinance No. 293 to permit the location of thrift shops in the CM (Commercial/ Manufacturing District), subject to a Conditional Use Permit. The proposed Code Amendment is exempt from environmental review requirements. Application: The proposed Amendment was prompted by a request made by the Assistance Guild of Capistrano Valley to establish a thrift shop in Sycamore Plaza. Written Communications: Report dated December 7, 1977, from the Director of Community Planning and Development forwarding the recommendation made by the Planning Commission at its meeting of November 22, 1977, that Ordinance No. 293 be amended to add secondhand shops as a conditional use in the CM District. Public Hearing: Notice having 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, the Public Hearing was closed. -9- 12/7/77 Ontroduction of Ordinance No. 344: 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 Nash; seconded by Councilman Sweeney that the following Ordinance be introduced: AMENDMENT NO. 293 (SECUNll11ANll .�"1"ViLriA) - eiiv vntiiivntva.aa yr auu .,i.. ..� SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 293, TO PERMIT SECONDHAND STORES IN THE CM (COMMERCIAL MANUFACTURING) DISTRICT SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None Mayor Heckscher noted that the Ordinance should apply to applications by local, charitable organizations. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 342 - / DISCLOSURE OF INFORMATION TO HOMEBUYERS IN SUS DIVISIONS (85) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was introduced at the meeting of November 16, 1977. It was moved by Councilman McDowell and seconded by Councilman Sweeney that the following Ordinance be adopted: ORDINANCE NO. 342, DISCLOSURE OF INFORMATION TO HOMEBUYERS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUIRING DISCLOSURE OF INFORMATION RELATING TO CONDITIONS IMPOSED BY THE CITY ON SUBDIVISIONS The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None 2. ADOPTION OF ORDINANCE NO. 343 - AMENDMENT TO ORDINANCE NO. 321 REGARDING QUORUM FOR CULTURAL HERITAGE COMMISSION MEETINGS (23) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance was introduced at the meeting of November 16, 1977. It was moved by Councilman McDowell and seconded by Councilman Nash that the following Ordinance be adopted: ORDINANCE NO, 343, AMENDMENT TO ORDINANCE NO. 321 - ESTABLISHING CITY BOARDS AND COMMISSIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 321 -10- 12/7/77 The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None 3. PROPOSED AMENDMENT TO WEED AND NUISANCE ABATEMENT PROCEDURE (74) At the request of staff, this item was ordered held over to a later date. RESOLUTIONS 1. NAMING OF BIKEWAY SYSTEM IN MEMORY OF ROBERT MCCOLLUM (62) Proposal: Naming the entire City bicycle trail system the Robert McCollum Bike Trail System in memory and appreciation of Mr. McCollum's civic -minded efforts in enhancing the quality of life and promoting recreation interests in the City. 2. Written Communications: Report dated December 7, 1977, from Loretta Murray, Administrative Assistant. Adoption of Resolution No. 77-12-7-4: It was moved by Councilman Sweeney and seconded by Councilman Nash that the following Resolution be adopted: RESOLUTION NO. 77-12-7-4, NAMING BICYCLE TRAIL SYSTEM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, NAMING THE CITY'S BICYCLE TRAIL SYSTEM IN HONOR OF ROBERT McCOLLUM The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None Mayor Heckscher requested that the City Clerk deliver the Resolution to Mrs. McCollum. ING PROGRAM SUBMITTAL. 1978-79 - (44) Proposal: Resubmittal of Camino Capistrano improvement project for funding under the County Arterial Highway Financing Program in the amount of $116,000 in County -City matching funds, with a total estimated cost for public and private improvements of $318,000. The project area extends from Del Obispo Street to Avenida Padre and consists of new curbs and gutters, a landscaped parkway between the highway and frontage road, with street widening on the east side to ac- commodate four travel lanes; a raised, landscaped median will be constructed between Del Obispo and Golondrina with left turn signal phasing on Camino Capistrano; a master planned storm drain facility will be constructed between Del Obispo and La Paloma. Proceedings for the formation of an assessment district will begin in February, 1978, with construction to commence in March, 1979. -11- 12/7/77 241 Written Communications: Report dated December 7, 1977, from the Director of Public Works recommending project submittal approval. 3. Adoption of Resolution No. 77-12-7-5: It was moved by Councilman McDowell and seconded by Councilman Sweeney that the following Resolution be adopted: RESOLUTION NO. 77-12-7-5 HIGHWAY PROGRAM SUJ3M1'1"1'AL, l f"I.... - A z70V ,u"vi' vc COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF CAMINO CAPISTRANO The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None Councilman McDowell noted that although he supports the improvements, the project should be paid totally by Gas Tax funds and should not include participation by property owners in an assessment district. 1977-82 SI (24) Proposal: Revisions to the 1977-82 fiscal budget for the Building and Safety and Engineering Development Processing Divisions of the Public Works Department in anticipation of in-house Building and Safety services to commence July 1, 1978. The revisions include amendments to Program and Personnel and Capital Outlay Summaries. Written Communications: Report dated December 7, 1977, from the Director of Public Works recommending approval of the budget revisions. Mr. Murphy introduced Mr. Norbert Cochran, Building and Grading Engineer, who commenced employment with the City on September 23, 1977. Approval of Budget Amendment: It was moved by Councilman McDowell; seconded by Councilman Sweeney, that the following Resolution be adopted: UTION NO. 77-12-7-6 BUDGET FOR 1977-82 MLNT Y1{UI:h6i UNU - A nr DVLU iivly VX inn "LA a wv"� A" w. CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE BUDGET FOR 1977-82 FISCAL YEARS The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None -12- 12/7/77 4. REPRESENTATIVES TO ORANGE COUNTY SOLID WASTE 1fA 11A /`.LASLITT �TL./1DlTLANR TT A�L 7AT (45) At the request of the Director of Public Works, this item was ordered held over for consideration at the Council meeting of December 21, 1977. CONSENT CALENDAR 242 It was moved by Councilman McDowell and seconded by Councilman Sweeney that the staff recommendations be accepted with regard to 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. APPROVAL OF WARRANTS (41) The List of Demands dated December 7, 1977, Warrants Nos. 12866 through 12963, inclusive, in the total amount of $224,912.892 is approved as submitted. 2. REPORT OF PLANNING COMMISSION MEETING OF NOVEMBER 22 1977 The Report of actions taken by the Planning Commission at its meeting of November 22, 1977, is ordered received and filed. 3. -AWARD OF BID FOR LABORATORY EQUIPMENT - TREATMENT PLANT (75) The bid on various items of laboratory equipment for the Treatment Plant is awarded to the low qualifying bidder, Scientific Products, 17111 Red Hill Avenue, Irvine 92714, in the amount of $5,820.13, and all other bids are rejected. 4. REPLACEMENT OF LETTER OF CREDIT. PUBLIC IMPROVEMENTS FOR TRACT 9795 (LOVE) (85) The Letter of Credit dated November 11, 1977, drawn on American State Bank, 500 Newport Center Drive, Newport Beach 92663, in the amount of $88,150.00 to guaranty construction of public improvements in conjunction with Tract 9795, is accepted: the Letter of Credit dated August 30, 1977, in the amount of $118,150 is released. The amount of $30,000 was subtracted from the original amount due to the submittal of acceptable landscape plans in the interim. 5. FORMATION OF LANDSCAPE MAINTENANCE DISTRICT, TRACT -937a (PATRICK (85) Consideration of this item was held over to a later date. 6. ELECTRICITY PURPOSES (94) Granting of an Easement Deed to San Diego Gas and Electric Company to provide electricity for the Orange County Waterworks District No. 4 well adjacent to Tract 5592 to eliminate overhead service through the Ambuehl School site and San Juan Creek is approved. The Mayor is authorized to execute the Easement and the City Clerk to attest thereto; the Easement will be recorded by San Diego Gas and Electric. -13- 12/7/77 243 7.UITCLAIM OF SEWER EASEMENT, TRACT 9030 CAPD RANCHES (85) The Corporation Quitclaim Deed releasing the sanitary sewer and utility easement to Capo Ranches in conjunction with Tract 9030 is approved; the easement is no longer required due. to improve- ment plan revisions. The Mayor is authorized to execute the Quitclaim Deed and the City Clerk to attest thereto. 8.. RECONSIDERATION OF FENCE HEIGHT REDUCTION, LOTS 48, 49, AND 50 (85) The determination made by the Planning Commission on November 8, 1977, in approving the reduction in fence height along the southern boundary of Lots 48, 49, and 50 of Tract 7274, subject to conditions of landscaping, agreements, and design, is - confirmed. 9.. AUTHORIZATION TO INSTITUTE DEFERRED COMPENSATION PLAN (66) The Assistant City Manager is authorized to institute a deferred compensation plan, pursuant to the 1977 Memorandum of Understanding with the City Employees Association. 10. TO (90) The following Resolution is adopted to begin proceedings for an underground utility district on Camino Capistrano from Ortega Highway to San Juan Creek and on Del Obispo Street from Camino Capistrano to the railroad tracks. The underground conversion .will be coordinated with the widening of Camino Capistrano. The Resolution sets a Public Hearing for January 4, 1978, at 7:00 P.M. in the City Council Chamber. 11 77-12-7-7 M1JT1t1\;'1 - A nr.0V1,U11V11 VX ln" 11111 1.V U11V 11J yr + SAN JUAN CAPISTRANO, CALIFORNIA, CALLING A PUBLIC HEARING TO DETERMINE WHETHER THE PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT OF MARCH 7 (40) The following Resolution ordering the canvass of the March 7, 1978, election results to be made by the City Clerk is adopted: MUNICIPAL 111JG1.11V117 — t n. WU V11Vi1 Wa all as —— — —+. -- ---- — OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERII.G THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 7TH DAY OF MARCH, 1978, TO BE MADE BY THE CITY CLERK OF THE CITY OF SAN JUAN CAPISTRANO 12. REQUEST FOR CONSOLIDATION OF MARCH 7, 1978, (40) The request of the Board of Trustees of the Capistrano Unified School District for consolidation of their Bond and State Apportionment Election with the General Municipal Election of March 7, 1978, is approved; the City Clerk is directed to so notify the School District, the County Superintendent of Schools, and the Orange County Registrar of Voters and to bill the District for their share of the election costs. 13. RESOLUTION ESTABLISHI u (40) The following Resolution is adopted and the City Clerk is authorized to amend the Resolution with regard to names, -14- 12/7/77 �Iwll addresses, and places, if it becomes necessary to do so prior to the election; 18 precincts are established with 1 consolidation. Polling place rental is $25.00; inspectors receive $35.00; judges and clerks receive $30.000, for a total cost of approximately $2,800. YLAI;L'J AAJJ L'LL'L"i"i UN Vi'i'1L'rSUA - A UZDUJJUI-LU14 V1• In CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING VOTING PRECINCTS, POLLING PLACES AND ELECTION OFFICERS FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 7TH DAY OF MARCH, 1978 (75) The award of bid for a 4 -door sedan for use by the City's Land Use Coordinator was removed from the Consent Calendar.. It was moved by Councilman McDowell, seconded by Mayor Heckscher and unanimously carried to reject all bids received and to direct staff to resubmit bids for 1977 model year automobiles; if a particular brand of auto is preferred, requests for bids are to be sent only to agencies representing that brand. (40) Council received copies of a report dated December 7, 1977,.from the City Clerk requesting authorization to contract with the Orange County Registrar of Voters for verification of the signatures contained on the initiative petition seeking repeal of. General Plan Amendment 77-1 (Agricultural Preservation). The petition was presented on November 28, 1977, by Thomas A. Forster on behalf of himself, Dale J. Kirstine, Mary Ann C. Porter, Darrel Lee Carmichael and Edwin F. Clark. The petition was found to contain a gross number of 1080 signatures and was accepted pursuant to Elections Code Section 4008. It was moved by Councilman Nash and seconded by Councilman Friess to authorize the City Clerk to contract with the Orange County Registrar of Voters for verification of the signatures contained on the petition; the City Attorney is directed to submit a report on the following items: (1) A determination of whether the proposed measure is a proper procedure and valid use of the initiative process for repeal of a resolution; (2) A determination of the actual subject matter of the petition; i.e., does it relate to a zoning matter and may it be accomplished without public hearings via the initiative process; and (3) The impact on the Coastal Commission granting the City the permit authority for the SERRA Ocean Outfall. The motion carried by the following vote: AYES: Councilmen McDowell, Friess, Nash and Mayor Heckscher NOES: Councilman Sweeney ABSENT: None -15- 12/7/77 245 SUBDIVISIONS AND ANNEXATIONS 1. CONSIDERATION OF ANNEXATION OF DOHENY PARK ROAD PROPERTY (21) Proposal: A request for Council consideration of annexation of a 12 -acre parcel of land located on Doheny Park Road in the Capistrano Beach area; the subject property is adjacent to a 10 -acre parcel within the City and under the same ownership. A conceptual development plan for a commercial/industrial park encompassing the entire 22 -acre site has been submitted. Applicant: George W. Riley and Associates, 23011 Moulton Parkway, Suite A-16, Laguna Hills 92653 Written Communications: Report dated December 7, 1977, from the Director of Community planning and Development. Councilman Nash noted that he did not have sufficient information to support the proposal; i.e., traffic circulation, possible impact of a Stonehill Drive extension, etc. Council Action: It was moved by Councilman Sweeney and seconded by Councilman Friess to determine that the applicant is encouraged to proceed with application for pre -zoning; and, contingent upon the City's approval of the pre -zone application, the City would either approve or oppose the requested annexation. The motion carried by the following vote: AYES: Councilmen Sweeney, Friess and Mayor Heckscher NOES: Councilmen McDowell and Nash ABSENT: None ADMINISTRATIVE ITEMS ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES L., REPORT ON DATA PROCESSING (33) Council received copies of a report dated December 7, 1977, from the Assistant City Manager advising that bids have been received for proposals to provide data processing services to theCity; sharing of equipment with the School District has also been investigated. Further investigation of the four low bids received from Microdata, Basic 4, OSI, and George Tamas and Associates is anticipated. Councilman Sweeney advised that he is not convinced that sharing services with other public agencies has been sufficiently examined _ and surveyed; with the number of public agencies in the south County area, the City should be able to obtain cooperation to provide service and operation satisfactory to the City's needs. It was moved by Councilman McDowell, seconded by Councilman Friess and unanimously carried to direct staff to submit a recommendation upon further investigation of the proposals received. 2. PROPOSED PURCHASE OF TELEPHONE EQUIPMENT (75) At the request of the Assistant City Manager, this item was held over for consideration at the Council meeting of December 21, 1977 -16- 12/7/77 DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 246 1. ADOPTION OF AMENDMENT TO ORDINANCE NO. 314 (GROWTH MANAGEMENT) (28) Proposal: n amendment to Ordinance No. 314 to provide for an initial 2 -month extension for issuance of building permits for 1977 dwelling unit allocations only, with the possibility of an ad- ditional 2 -month extension under certain hardship conditions. Since 1977 was the initial year for the Residential Allocation Schedule, developers granted allocations had approximately 10 months to meet all project conditions, post all fees and bonds, obtain building and grading plan checks, complete rough grading, and obtain building permits. In succeeding years, developers will have at least 22 months to satisfy such requirements. Written Communications: Report dated December 7, 1977, from the Director of Community Planning and Development. A royal of Time Extensions: The ity 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 Nash and seconded by Councilman Friess that the following Ordinance be adopted: ORDINANCE NO. 345 TIME EXTENSIONS FOR GROWTH MANAGEMENT LLOCATIONS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE 314 (RESIDENTIAL GROWTH MANAGEMENT) AND PROVIDING FOR TIME EXTENSIONS FOR ISSUANCE OF BUILDING PERMITS FOR 1977 DWELLING UNIT ALLOCATIONS (URGENCY) The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None The Ordinance provides that building permits may be issued for 1977 allocations up to and including February 28, 1978; the City Council may grant an additional extension to April 30, 1978, subject to conditions contained in the Ordinance. As an urgency planning matter, the Ordinance will expire on April 7, 1978. COMMISSIONS, BOARDS, COMMITTEES PARKS AND RECREATION COMMISSION I. SENIOR CITIZEN AD HOC COMMITTEE (62) Proposal: The formation of a senior citizens group to assist in assessing the needs of the seniors in the community. The Parks and Recreation Commission recommends that an Ad Hoc Senior Citizen's Committee be appointed to act as an advisory body, with a member of the Commission serving as liaison. A Senior Citizens Social Services Program would be initiated and housed in the renovated Hot Springs Dance Hall, pursuant to the revenue sharing grant program. Written Communications: Report dated December 7, 1977, from Thomas Baker, Director of Recreation. -17- 12/7/77 2 4C3uncil noted that the Recreation Program should not shift too far towards social and human services. wroval of Ad Hoc Committee: was moved by Councilman Sweeney, McDowell and unanimously carried to Recreation Commission to appoint the Senior Citizen Committee. AGRICULTURAL PRESERVATION COMMITTEE 1. FOR OF "NO TR seconded by Councilman direct the Parks and members of the Ad Hoc (68) Proposal: A request that the City provide and install "No Trespassing" signs at the farming operation along Del Obispo Street adjacent to the Marco Forster Jr. High School site in order to discourage damage to crops and interference with farming. The estimated cost of each sign is $35.00 installed. Applicant: Charles Vermeulen, 11591 Cielo Place, Santa Ana 92702 Approval of Sign Installation: It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to authorize the expenditure of funds from the Agriculture Preservation Fund to provide "No Trespassing" signs for the Vermeulen property within the Agriculture Preserve, as recommended by the Agriculture Preservation Committee. COUNCIL REMARKS I.. MEETING ATTENDANCE (32) Councilman Friess advised he will be out of town on December 28th, the date of the next Mayor's Staff meeting; Mayor Heckscher will attend. Mr. Friess also suggested that, where possible, items scheduled for the December 21st Council meeting be held over to the first meeting in January. 2. PROPOSED INTERIM LIBRARY SITE (52) Councilman Sweeney noted that the Eslinger building on Camino Capistrano could be available as an interim library site and suggested City purchase, since the location is a key to the downtown plaza parking. 3'. COMMENDATION - TREE PLANTING (36) Councilman McDowell noted that Cliff Cooper, developer of Sycamore Plaza, has planted a live Christmas Tree at the intersection of Paseo Adelanto and Del Obispo Street. Mr. McDowell suggested that a letter be sent in appreciation, and that the City take action to light the tree for the holiday period. C. DOWNTOWN PLAZA AND PARKING STUDY WORKSHOP (68) Councilman Nash noted that the Downtown Plaza and Parking Study Workshop will be held from 8:00 A.M. to 4:00 P.M. on Saturday, December 10th at San Juan Elementary School. RECESS AND RECONVENE Council recessed to executive session at 11:27 P.M., the City Clerk being excused therefrom, and reconvened at 11:55 P.M. -18- 12/7/77 248 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:56 P.M., to the next regular meeting date of Wednesday, December 21, 1977, at 7:00 P,M. in the City Council Chamber. ATTEST: Y N O. HECKSCHER, MAYOR Respectfully submitted, MARY A7HANOVER, CITY CLERK -19- 12/7/77