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78-0405_CC_Minutes_Regular Meeting356 APRIL 5, 1978 OFFICE VACANT: One STAFF PRESENT: James S. Mocalis, City Manager; Thomas G. Merrell, Director of Community Planning and Development; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; George Alvarez, Traffic Engineer; James S. Okazaki, City Attorney, Mary Ann Hanover, City Clerk. MINUTES Adjourned Regular Meeting of March 14, 1978: It was moved by Councilman Thorpe; second a by Councilman Hausdorfer that the Minutes of the Adjourned Regular meeting of March 14, 1978, be approved as submitted. The motion carried by the following vote: The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Friess at 7:17 P.M., in the City Council Chamber, followed by the Pledge of ' Allegiance to the Flag. Invocation was given by Earl Gaston, Member, Baha'i of San Juan Capistrano. ROLL CALL It was moved by Councilman Haus orfer; seconded PRESENT: Kenneth E. Friess, Mayor that the Minutes of the Regular meeting of James F. Thorpe, Mayor pro tem Gary L. Hausdorfer, Councilman ' approved as submitted. The motion carried Phillip R. Schwartze, Councilman AYES: Councilmen Hausdorfer, ABSENT: None OFFICE VACANT: One STAFF PRESENT: James S. Mocalis, City Manager; Thomas G. Merrell, Director of Community Planning and Development; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; George Alvarez, Traffic Engineer; James S. Okazaki, City Attorney, Mary Ann Hanover, City Clerk. MINUTES Adjourned Regular Meeting of March 14, 1978: It was moved by Councilman Thorpe; second a by Councilman Hausdorfer that the Minutes of the Adjourned Regular meeting of March 14, 1978, be approved as submitted. The motion carried by the following vote: and Mayor Friess NOES: None ' ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. RESOLUTIONS OF COMMENDATION FOR RETIRING COUNCIL MEMBERS (32) Mayor Friess read Resolutions in full commending retiring Council Members Sweeney, Nash and Heckscher for their service -1- 4/5/78 AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ' ABSENT: None Regular Meeting of March 15, 1978: It was moved by Councilman Haus orfer; seconded by Councilman Schwartze that the Minutes of the Regular meeting of March 15, 1978, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Thorpe that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ' ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. RESOLUTIONS OF COMMENDATION FOR RETIRING COUNCIL MEMBERS (32) Mayor Friess read Resolutions in full commending retiring Council Members Sweeney, Nash and Heckscher for their service -1- 4/5/78 357 to the community during their terms of office from March 12, 1974, to March 14, 1978; Councilman McDowell resigned from office after serving 2 years from March 9, 1976,to March 14, 1978. It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 78-4-5-1, COMMENDING JOHN B. SWEENEY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SU JUAN CAPISTRANO, CALIFORNIA, COMMENDING JOHN B. SWEENEY The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None It was moved by Councilman Thorpe and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 78-4-5-2, COMMENDING RICHARD D. MCDOWELL - RESOLUTION OF THE CITY COUNCILO THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING RICHARD D. MCDOWELL The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 78-4-5-3, COMMENDING DOUGLAS B. NASH - A RESOLUTION OFT E CITY COUNCIL OF THE CITYOF-TEN JUAN CAPISTRANO, CALIFORNIA, COMMENDING DOUGLAS B. NASH The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None Mayor Friess presented the Resolution to Mr. Nash, along with a City Seal plaque with gavel denoting Mr. Nash's term as Mayor from March 9, 1976, to March 16, 1977, and a mounted retirement badge. It was moved by Councilman Schwartze and seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 78-4-5-4, COMMENDING YVON O. HECKSCHER - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING YVON O. HECKSCHER The motion carried by the following vote: -2- 4/5/78 AYES: NOES: ABSENT: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess None None 358 Mayor Friess presented the Resolution to Mr. Heckscher, along with a City Seal plaque with gavel denoting Mr. Heckscher's term as Mayor from March 16, 1977, to March 14, 1978, and a mounted retirement badge. Council commended Administrative Assistant Loretta Murray for preparation of the Resolutions. PERSONNEL - INTRODUCTION OF ASSISTANT CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES (66) The City Manager introduced E. Phillip Hale to the Members of the Council. Mr. Hale commenced his employment as Assistant City Manager/Director of Administrative Services on March 20, 1978. ORAL COMMUNICATIONS 1. ORTEGA HIGHWAY PROPERTIES - REZONE 78-1 (95) Father Ernest Sillers, Priest in Charge of St. Margaret of Scotland Episcopal Church, addressed the Council to request that the master plan for the Ortega Highways development be favorably considered when brought before the Council. 2. TRACT 9784 (MISBIN) (85) John Urbanowski, 33932 Avenida Calita, addressed the Council ' and presented a petition signed by approximately 61 residents of the Leadership and Meredith Tracts in the Alto Capistrano area of the City. The petition states objection to the proposed building of the 102 -home Misbin tract and to the petition previously presented by Charles Buell, President of the Alto Capistrano Homeowners Association. Mr. Urbanowski requested additional time to gather signatures and stated that the Homeowners Association does not represent the majority of homeowners in the Alto Capistrano area. 3. GENERAL PLAN OPEN SPACE PROGRAM (46) Marilyn Williams, 29931 Camino Capistrano, addressed the Council regarding financial means for implementing the General Plan Open Space Element and lack of compensation to property owners by local government. Mrs. Williams suggested that some means of City purchase of open space lands be initiated, since the financial aspects of the Open Space Element have not been adequately addressed. 4. AGRICULTURAL PRESERVATION FUND - ENVIRONMENTAL IMPACT REPORT FOR USE OF PESTICIDES (68) Shig Kinoshita, 27015 Calle Real, Capistrano Beach, read a notice dated March 27, 1978, addressed to pesticide use permit ' holders from the County Department of Agriculture, which advises that after July 1, 1978, unless a solution is found, all pesticide permits will require an environmental impact report prior to issuance, since the EIR proposed by the State Department of Food and Agriculture does not meet the require- ments of the California Environmental Quality Act. Mr. Kinoshita -3- 4/5/78 359 requested that the City assist local farmers in preparing such EIR and that immediate steps be taken so that farmers may comply with CEQUA; the use of agricultural fund monies for this purpose was suggested. In response to Mayor Friess, the Director of Community Planning and Development advised 30 days would be the minimum time to prepare an EIR for public review and hearings. Mayor Friess suggested that the City address letters to State legislative representatives requesting support in setting aside the immediate effect of the July 1st deadline and in finding a legislative approach for a State-wide environmental impact report; Mr. Friess also suggested that an emergency EIR be processed as a reasonable use of Agriculture Preservation Funds. There was a general consensus of Council support _ for the Mayor's statements. STATUS OF CAPISTRANO AIRPORT CLOSURE (88) Mayor Friess requested that those persons in the audience wishing to address the Capistrano Airport Report advise the Council of their intent and 10 persons so indicated. The item was then taken out of order on the Agenda for the benefit of those members of the audience. Written Communications: (1) Report dated April 5, 1978, from the City Manager recommending that the Airport closure date of June 1, 1978, not be extended, that the Planning Commission review the Land Use Permit, and that staff draft a Joint Powers Agreement for an alternate general aviation airport site in the south County. (2) Report dated January, 1978, prepared by the County General Services Agency, Airports Division, entitled, — "Orange County General Aviation, Needs and Airport Sites Review." (3) Telegram received April -'5, 1978, from John L. Baker, President, Aircraft Owners and Pilots Association, in opposition to airport closure and recommending that such action be deferred until the alternative airport is established. Oral Communications: (1) Norman G. Ewers, Plans and Programs Officer, Orange County Airport, 18741 Airport Way North, Santa Ana 92707, and team leader of the report cited in No. 2 above, recommended that the Airport Division study be allowed to continue, that airport closure be extended for 6 months before determining whether progress has been meaningful, that existing constraints be removed from the airport operation, and that the concerned parties _ be brought together for possible solution of differences. (2) Franklin Dimino, representing the South County Airport Association, stated that an environmental impact report is needed to meet California Environmental Quality Act requirements, the Airport is safe, the closure date should be extended, and the majority of the City expense is for Airport Compliance Officers. (3) James R. Evans, Chairman, Meadowlark Wing of the Orange County Pilots' Association, 16956 Edgewater Lane, Huntington Beach 92649, advised that the City of Hungtingon Beach had formed an Airport Committee and with pilot cooperation had resolved the problems by -4- 4/5/78 360 drawing up noise abatement and flight safety procedures and by disciplining pilots. A new organization will be called the General Aviation League formed for the purpose of improving existing facilities and safety and constructing new facilities. (4) Truman Bailey, 1407 Buena Vista, San Clemente, aircraft owner, requested that the closure date be extended for 6 months so that it can be demonstrated that positive progress is being made towards implementing an alternate site. (5) Tony DiGiovanni, 909 Avenida Presidio, San Clemente, suggested that Council form an Airport Committee of local residents. (6) Bruce Church, representing the San Juan Alliance of Homeowners Associations, 26851 Canyon Crest, spoke in favor of closing the airport. (7) Marie Christianson, Chairman, Orange County 99ers, a national women pilot's organization, advised that the County has requested their group support in keeping airports open and that they would work towards making the airport more safe. (8) Joe St. Jean, 33152 Via Mayor, Mission Bell Ranch, spoke in favor of closing the airport. (9) Dick Fontaine, President of Martin Aviation, Orange County Airport, requested that the airport operation be allowed to continue until another site can be developed. Council Discussion: 'Council em ers noted that the Airport has been designated an interim use facility for many years, that significant progress on locating an alternate site has not been made, and that there appears to be no justification for extending the use beyond the June 1, 1978, closure date. Affirmation of June 1, 1978, Closure Date/Authorization to Draft Joint Powers Agreement: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried as follows: (1) That the Airport closure date of June 1, 1978, established by Resolution No. 77-7-20-3 not be extended; (2) The Planning Commission be directed to review Land Use Permit 70-103 for existing compatability with surrounding uses and adherence to specified condi- tions; and, (3) Staff be directed to draft a Joint Powers Agreement between the cities of San Juan Capistrano and San Clemente and the County of Orange in order to provide for site selection, acquisition and operation of an alternative general aviation airport in the South .Orange County area. WRITTEN COMMUNICATIONS 1. SENATE BILL 201 (CAPISTRANO UNIFIED SCHOOL DISTRICT) (78) Letter dated March 9, 1978, from Truman Benedict, Deputy Superintendent, Capistrano Unified School District, advising that the Board of Trustees had directed on March 6th that staff invoke the provisions of Senate Bill 201 in comments -5- 4/5/78 361 on any new development. The Bill authorizes requirements for dedication.of land or fees for school facilities in conjunction with subdivision developments. Sam Chicas, Assistant Superintendent, addressed the Council, and there was a consensus that the matter be referred to City and District staffs for report at a later date. 2. VIA DE AGUA SIDEWALK AND TRAFFIC (81) Letter dated March 6, 1978, from J. W. Knasiak, 33741 Via de Agua, in support of dual access, a cul-de-sac, and possible one-way street. With Council concurrence, Mayor Friess directed that the letter be received and filed. 3. COUNTY BUS BENCH PROGRAM (60) Letter dated March 6, 1978, from Edward F. Loritz, General Manager, Orange County Transit District, forwarding a proposed cooperative bus bench program. With Council concurrence, Mayor Friess directed that the letter be received and filed. 4. ORTEGA HIGHWAY PROPERTIES - REZONE 78-1 (95) Letter dated March 8, 1978, from Paul T. Salata, 4321 Birch Street, Suite 1-B, Newport Beach 92660, appealing the February 28th action of the Planning Commission. With Council concurrence, Mayor Friess directed that the letter be received and filed for consideration during the April 19th Public Hearing. Letter dated March 21, 1978, from Robert C. Rusack, Bishop of the Episcopal Church, 1220 West Fourth Street, Los Angeles 90051, requesting support of Rezone 78-1. With Council concurrence, Mayor Friess directed that the letter be received and filed for consideration during the April 19th Public Hearing. REQUEST FOR STOP SIGN - DEL OBISPO/ALIPAZ STREETS (82) Letter dated March 8, 1978, from Mrs. James Abbey requesting installation of a stop sign at the intersection of Del Obispo Street and Alipaz Street. With Council concurrence, Mayor Friess directed that the letter be referred to the Traffic and Transportation Commission for report. 6. BUILDING DEFICIENCIES/RAIN DAMAGE, TRACT 7626 (SUN HOLLOW) (25) Letter dated March 12, 1978, from Mrs. F. K. Clancy, 31581 Moonglow Lane, and petition from residents of Sun Hollow regarding building deficiencies and rain damage. With Council concurrence, Mayor Friess directed that the Public Works Building and Safety Division report back on means of rectifying the problems and area of responsibility. RECESS AND RECONVENE Council recessed at 8:57 P.M., and reconvened at 9:10 P.M. APPOINTMENT OF LAWRENCE F. BUCHHEIM AS MEMBER OF THE CITY COUNCIL (32) Written Communications: Report ate pri 5, 1978, from the City Clerk forwarding applications for appointment to the City Council from the following residents: Mary Morgan Abe, Lawrence F. Buchheim, Roy L. Byrnes, Susan J. Cummings, Robert J. Davies, Glenda Guerrero, Michael T. Imlay, Stanley C. Morse, George W. Riley, George R. Vraney, James K. Weathers, and Marilyn C. Williams. -6- 4/5/78 362 Appointment: 01137 owing a preliminary ballot and Council discussion, it was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried that Lawrence F. Buchheim, 32012 Avenida Evita, be appointed as a Member of the City Council to fill the unexpired term of Richard D. McDowell, who resigned from the position effective March 14, 1978. Mr. Buchheim is required to file a Statement of Economic Interests 10 days before assuming office and will take the Oath of Office at the meeting of April 19, 1978. ' Council expressed their appreciation to all of the persons who applied for the position; Mr. Buchheim accepted the appointment and thanked candidates and the Members of the City Council. PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION DETERMINATION RE (46) This Public Hearing is continued from the meeting of March 15, 1978, for the purpose of allowing the applicant and staff to establish possible acceptable conditions of approval which could minimize the impacts of the proposed residence on the designated ridgeline. Written Communications: Report a e pril 5, 1978, from the Director of Community Planning and Development forwarding Recommended Conditions. Mr. Merrell noted that Condition 5 should refer to a 10 -foot -wide equestrian trail since the additional 10 feet will be dedicated by the adjoining property owner; and that Mr. Frost had not intended to offer development rights transfer for both parcels of property. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons addressed the Council: (1) Jess Frost, applicant, 26851 Mission Hills Drive, stated - his opposition to further conditions, requested that the project be found consistent with the General Plan with no conditions, and indicated he would not pursue the matter through the General Plan Amendment process. (2) Gloria Rogers, 30131 Branding Iron Road, spoke in opposition to placement of any structures on the ridgeline. (3) Thulin Cutler, 30171 Silver Spur Road, stated that since Mr. Frost has withdrawn his March 15th offer,of conditions, the petition from the Mission Hills Homeowners Association would stand. (4) Michael Berns, 26921 Canyon Crest Road, requested that the proposal either be denied or processed through General Plan Amendment hearings. ' (5) Bruce Church, 26851 Canyon Crest Road, stated that since the General Plan refers to hillside regulations, possibly a ridgeline policy should be established. The Public Hearing was then declared closed. -7- 4/5/78 363 Finding of Inconsistency: It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to confirm the Planning Commission determination and find the proposal inconsistent with the General Plan. 2. MOGAN ANNEXATION PROTEST HEARING (21) Written Communications: Report da e pril 5, 1978, from the Director of Community Planning and Development. (2) Letter dated April 3, 1978, from L. M. Lashbrook, 210 West Mariposa Avenue, San Clemente, protesting the inclusion of property within the annexed area. _ Public Hearing: Notice having -been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons addressed the Council. (1) Richard Mogan, 267 Tigertail Road, Los Angeles, urged approval of the annexation. The Public Hearing was then declared closed. Approval of Annexation: Since majority protest was not received, it was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried as follows: (1) Determine that the annexation as amended by the Local Agency Formation Commission will be approved; (2) Continue the item to April 19 and direct staff to prepare the following draft documents for that meeting: (a) Resolution finding no majority protest, (b) Ordinance approving annexation; (3) Refer the issue of prezoning for the Lashbrook and Mansell properties to the Planning Commission for public hearing and recommendation. 3. APPEAL OF PLANNING COMMISSION ACTION - ZONE VARIANCE 77-24 (CONTER) (92) Proposal: ppA eaI of the Planning Commission's February 28th denial of a zone variance application to permit a residential room addition to encroach 15 feet into the required 25 -foot minimum rear yard setback in the RS (Single Family) District. Applicant: out-Conter, 32022 Paseo de Hermosa, San Juan Capistrano. Written Communications: (1) Report dated April 5, 1978, from the Director of Community Planning and Development recommending that the variance be denied as setting an undesirable precedent for the remainder of the development. (2) Petition signed by 12 residents of the area in support of the variance request. Public Hearing: Notice aving been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons addressed the Council: -8- 4/5/78 364 (1) Louis A. Conter, applicant, requested approval of the variance. The Public Hearing was then closed. Approval of Zone Variance 77-24: I was move y ounce man ausdorfer and seconded by Councilman Schwartze that the application for a zone variance be approved. The motion carried by the following vote: ' AYES: NOES: ABSENT Councilmen Hausdorfer, Schwartze and Mayor Friess Councilman Thorpe None 4. APPEAL OF PLANNING COMMISSION ACTION - 74-1 (92) Proposal: (39) ppea of the February 28th Planning Commission denial of a zone variance application to reduce the rear yard setback to a minimum of 5 feet in conjunction with a commercial/industrial site plan along Alipaz Street south of San Juan Mobile Estates. Applicant: Lard Engineering, 866 West 16th Street, Newport Beach 92660, on behalf of F. J. Baier, #1 Canal Circle, Newport Beach 92663. Written Communications: Report dated pril 5, 1978, from the Director of Community Planning and Development forwarding the recommendation ' of the Planning Commission that the setback be a minimum of 10 feet with landscaping. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons addressed the Council: (1) Fred Baier, applicant, requested approval of the 5 -foot rear yard setback. (2) Elmer Christiansen, civil engineer, spoke in favor of the variance. The Public Hearing was then closed. Denial of Appeal: It was move y Councilman Hausdorfer and seconded by Councilman Thorpe to deny the appeal and confirm the action of the Planning Commission. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe and Mayor Friess NOES: Councilman Schwartze ABSENT: None The hour of 11:00 P.M. having arrived, there was a Council consensus to continue the meeting. -9- 4/5/78 365 ORDINANCES 1. AMENDMENT TO 295 RE TEMPORARY (55) 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 Schwartze and seconded by Councilman Hausdorfer that the following Ordinance be introduced: ORDINANCE NO. 352, TEMPORARY STREET CLOSURES - N ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 295 PERTAINING TO TRAFFIC REGULATIONS _ The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None The Ordinance provides for issuance of permits for temporary street closures and for placement of materials on City streets, a $25 refundable clean-up deposit, and a $15 bail fee. CONSENT CALENDAR It was moved by Councilman Schwartze and seconded by Councilman Thorpe that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: — AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated April 5, 1978, Warrants Nos. 13696 through 13907, inclusive, in the total amount of $312,257.45 is approved as submitted. 2. REPORTS OF PLANNING COMMISSION MEETINGS OF MARCH 8 (67) The Reports of Actions taken by the Planning Commission at their meetings of March 8 and 21, 1978, are ordered received and filed. 3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF MARCH 14, (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of March 14, 1978, is ordered received and filed. 4. REPORTS OF EQUESTRIAN COMMISSION ACTIONS OF MARCH 13 N M C 7 (23) The Reports of Actions taken by the Equestrian Commission at the meetings of March 13 and 27, 1978, are ordered received and filed. -10- 4/5/78 C 5. AWARDS OF BIDS FOR BUILDING AND SAFETY DIVISION VEHICLES (75) The following bids are awarded to the low qualifying bidders, and all other bids are rejected: Roger Miller Chevrolet - Two 4 -door sedans @ $8,785.83 E1 Camino Ford - One pickup truck @ $4,944.26 6. AWARD OF BID FOR MODIFICATION TO DIGESTER GAS PIPING AT PLANTTREATMENT (79) The following bid is awarded to the qualifying bidder and all other bids are rejected; the Mayor and City Clerk are authorized to execute the contract on behalf of the City: Weardco Construction Corporation - $25,286 7. ACCEPTANCE OF GRANT DEED FOR STREET RIGHT-OF-WAY PURPOSES MnAry mr"n n n rrn (85) The Grant Deed from Scott J. and Jan J. Raymond for easement and street right-of-way purposes over the southwest corner of Tract 9204 is accepted and the City Clerk authorized to record said deed. 8. DENIAL OF CLAIM (DEL OBISPO LAND CORPORATION) (35) The Claim filed on March 15, 1978, by Michael V. McIntire on behalf of the Del Obispo Land Corporation in the amount of $480,000, is denied and referred to the City's insurance carrier, Dan Gorman Insurance. 9. AMENDMENT TO AGREEMENT FOR DAY STRI (38) The amendment to the Agreement between the City and the County for the Summer Day Camp Program is approved and the Mayor and City Clerk authorized to execute the Agreement on behalf of the City. The amendments extend the Agreement to December 31, 1978, and provide for a 30 -day cancellation clause. 10. AMENDMENT TO CONDITIONS OF APPROVAL FOR AUTO REPAIR CENTER C 76-7, DIVISION OF LAND 75-5I (85) Condition No. 5 of Planning Commission Resolution PC 76-9-14-2, as amended by the City Council on September 21, 1977, is further amended to read as follows: "The applicant shall be required toprepare street improvement plans for full improvements for all parcels in Division of Land 75-5 (Muralt) on Camino Capistrano to include curb and gutter, sidewalks, required street sections, underground utilities, and street lights all in accordance with City standards and policies: the applicant shall also prepare interim street improvement plans and construct same to the satisfaction of the City Engineer and prior to release of occupancy permits. The applicant shall provide an acceptable surety device in a sufficient amount to insure construction of ultimate improvements along the frontage of his property; the finance amount of the surety device shall include the cost of transition paving to meet existing pavement and shall be adjusted by 10% for contingencies and 10% for inflation. The required plans shall be approved, and surety device submitted, meeting the approval of the City Engineer prior to release of building permits." -11- 4/5/78 367 RESOLUTION CANCELLING ARTERIAL HIGHWAY FINANCING PROGRAM NO. 860 (44) It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe that the following Resolution be adopted: RESOLUTION NO. 78-4-5-5, CANCELLATION OF AHFP NO. 860 ORTEGA HIGHWAY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY O UAN CAPISTRANO, CALIFORNIA, CANCELLING AN IMPROVEMENT PROJECT ON ORTEGA HIGHWAY, COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM NUMBER 860 — The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None INITIATION OF GENERAL PLAN AMENDMENT 78-2 (46) It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to receive and file the report dated April 5, 1978, from the Director of Community Planning and Development advising that no petitions for inclusion in General Plan Amendment 78-2 have been received. TREATMENT PLANT MODIFICATION - (79) It was moved by Councilman Thorpe, seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 78-4-5-6. AMENDING THE BUDGET FOR COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE BUDGET FOR 1977-78 FISCAL YEAR The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None The Resolution approves the budget for Project Committee No. 7-A in the amount of $38,000; and, authorizes the expenditure from the Sewer Enterprise Fund, Schedule of Reserves/Future System Improvements, in the amount of $20,000 as set forth in the Report dated April 5, 1978, from the Director of Public Works. TIME EXTENSION - SANTA MARGARITA WATER DISTRICT WASTEWATER CAPACITY LO I (38) Proposal: request for a 6 -month extension to July 1, 1979,of the Agreement with the Santa Margarita Water District for Interim Treatment and Disposal of Wastewater dated November 3, 1976. -12- 4/5/78 it was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried that consideration of the request be contined to April 19, 1978, for discussion of details of plant transfer and procedures for setting meeting times. Mr. Thorpe suggested that Council Members attend the April 13th SERRA Board meeting. COUNCIL ACTIONS 1. APPOINTMENT TO PLANNING COMMISSION ' (67) It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried that Deirdra (Dee) Tyler, 26982 Via Banderas, be appointed to fill the vacancy on the Planning Commission created by the election of Gary Hausdorfer to the City Council. 2. APPOINTMENT TO TRAFFIC AND TRANSPORTATION COMMISSION (23) It was moved by Councilman Hausdorfer, seconded by Mayor Friess and unanimously carried that Jerry Kaufman, 27001 Calle Don Carlo, be appointed to fill the vacancy on the Traffic and Transportation Commission created by the resignation of Raymond A. Green. 3. APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW (23) With the concurrence of the Council, Mayor Friess directed that the Planning Commission appoint one of their members to fill the vacancy created by the election of Gary Hausdorfer to the City Council. 4. APPOINTMENT TO CULTURAL HERITAGE COMMISSION/COMMITTEES/ AND COUNTY ORGANIZATIONS ' (23) It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried that appointment to fill the vacancy on the Cultural Heritage Commission created by the resignation of Carmen Oyharzabal be held over for consideration at the meeting of April 19th. With the concurrence of the Council, Mayor Friess directed that appointments to the Civic Center Committee and the Commercial/Industrial Incentives Committee be held over to April 19th and that vacancies on County organizations be listed on that Agenda. COUNCIL REMARKS 1. POLICY FOR SUBMISSION OF APPLICATIONS TO COMMISSIONS BOARDS. COMMITTEES (23) There was a consensus of Council to approve a policy that (69) applicants file separate applications for appointment to various City Commissions, Boards, and Committees, as suggested by Councilman Thorpe. 2. CITY COUNCIL AGENDA ' (32) Mayor Friess requested that Council submit comments on a proposed Agenda front sheet and also evaluate Council meeting procedures. 3. DRAINAGE PROBLEMS ON FARMLANDS (94) Mayor Friess requested that Public Works personnel meet with Mr. Vermeulen in order to implement repair of a water line, -13- 4/5/78 369 as discussed at the Water Board meeting. Mr. Hausdorfer suggested use of Agricultural Preservation Funds for drainage fees. 4. COUNCIL/STAFF INFORMAL WORK SESSION (32) Mayor Friess requested that an informal work session be set within the next month between Council Members and Department Heads so that the 4 new Council Members may have an opportunity to ask questions of interest. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:32 P.M., to the next meeting date of Wednesday, April 19, 1978, at 7:00 P.M., in the City Council Chamber. ATTEST: lid Respectfully submitted, /l ARY AN��NOVER, CITY CLE K -14- 4/5/78