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76-0407_CC_Minutes_Regular MeetingAPRIL 7, 1996 REGULAR MEETING OF THE CITY COUNCIL-OY THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA-. The Regular Meeting of the City Council was called to order by Mayor Nash at 7:07 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Dr. Milford Baker, Capistrano Valley Baptist Church. ROLL CALL: PRESENT: Douglas B. Nash, Mayor Yvon O. Heckscher, Mayor pro tem Councilman Kenneth E Friess Councilman Richard D. McDowell Councilman John B. Sweeney ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Administrative Services; William D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell, Director of Planning; Larry Lawrence, Associate Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES: March 9, 1976: It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that the Minutes of the Adjourned Regular Meeting of March 9, 1976, be approved as submitted. March 17, 1976: It was moved by Councilman Sweeney, seconded by Mayor Nash and unanimously carried that the Minutes of the Regular Meeting of March 17, 1976, be approved as submitted. MOTION TO READ BY TITLE ONLY It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that all Ordinances be read by title only. ANNOUNCEMENTS Mayor Nash welcomed the members of the Capistrano Valley 8th Grade Cadet Girl Scout Troup 838 to the Council meeting. Mayor Nash announced that the following items had been removed from the Agenda: (1) Appeal of Planning Commission Denial oP� Conditional Use Permit 75-3 (Dellota); and (2) Resolution detaching Camino del Avion Annexation from Special Districts. BIDS, CONTRACTS, AGREEMENTS 1. CALLE ASPERO STREET IMPROVEMENT - APPROVAL OF PLANS AND SPECIFICATIONS (83) Council received copies of a report dated April 17, 1976, from the Director of Public Works forwarding background information on the proposed improvement of Calle Aspero. The plans and specifications include construction of pave- ment, curb and gutter, drainage control, and traffic regulatory signs. The plans do not include the construction of sidewalk, installation of street trees, or undergrounding of utilities. The Director of Public Works requested that Council evaluate the scope of improvements to be made so that funding agree- ments may be developed with homeowners groups. There are no City funds currently budgeted for the construction of this. project. -1- 4/7/76 3_10 It was moved by Councilman Heckscher, seconded by Councilman Fries and unanimously carried to approve the plans and specifications for the improvement of Calle Aspero as sub- mitted. It was moved by Councilman Heckscher, seconded by Mayor Nash and unanimously carried to authorize staff to work with the homeowners who would be benefitted by the Calle Aspero improvements and to develop cooperative agreements for the project funding. Staff is to supply an analysis of who are the benefitted parties and a proposal of what would be an acceptable cooperative agreement for funding, including total costs and percentages. Staff is not to be precluded from developing an agreement that would require the benefitted parties from paying the total costs of improvements. ^ 2. SANITARY SEWER RECONSTRUCTION RAILROAD RIGHT-OF-WAY (80) At the request of the Director of Public Works, considera- tion of this matter was held over until the Council meeting of April 21, 1976. PRESENTATION - 1976 SUMMER RECREATION PROGRAM (62) Tom Baker, Recreation Coordinator, introduced Mrs. Jill Clark, member of the Parks and Recreation Commission, who made an oral presentation regarding the self-sustaining recreation program to be offered by the City during the summer months. Mrs. Clark also provided information on a proposed expanded summer program utilizing school facilities and park sites and requested Council and Commission support of staff proposals. Councilman Sweeney suggested that further contact be made with the School District with regard to their offer of $4800 in tax revenues to be used for community improvement, including recreation, since the School District is no longer sponsoring a summer playground progra.m. Councilman Sweeney noted a letter dated February 19, 1976, addressed to him from the Superintendent of the School District. The letter stated that $360,842 was realized through the Community Service permissive tax which included Campus Supervision $93,230; Facility Use $185,396; Administration $13,000; Recreation $47,686; Sites and Improvements $21,530, for a total of $360,842. Mr. Baker advised that the Parks and Recreation Commission is planning to meet with School District officials in the near future. PUBLIC HEARINGS 1. RECREATION PROGRAM POSITIONS - AMENDMENT TO THE SALARY AND CLASSIFICATION PLAN (62) Council received copies of a report dated April 7, 1976, from the Recreation Coordinator providing background informa- tion on the proposed summer recreation program at school and park sites, proposed budget, and school district financial participation. Forwarded also were copies of a proposed Resolution amending the City's salary and classification plan to provide for the positions of Senior Recreation Leader, Recreation Leader II, and Recreation Leader I. Notice having been given as required by law, Mayor Nash declared the Public Hearing open on the proposed amendment to the Salary and Classification Plan and inquired if anyone in the audience wished to address the Council. There being no response, Mayor Nash declared the Public Hearing closed. (66) RESOLUTION NO. 76-4-7-1: RECREATION PROGRAM - JOB DESCRIPTIONS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 72-1-19-1, THE CITY'S CLASSIFICATION AND SALARY PLAN, PROVIDING FOR THE POSITIONS OF SENIOR RECREATION LEADER, RECREATION LEADER II, AND RECREATION LEADER I -2- 4/7/76 It was moved by Councilman Sweeney, seconded by ounc man McDowell and unanimously carried that Resolution No. 76-4-7-1 be adopted. Exhibit "A" of the Resolution, the Job Descrip- tion for Senior Recreation Leader, is to be corrected so that the paragraph entitled "Training and Experience" reads, "Graduation from College or its equivalent, supplemented by additional . . ." (62) Joint Powers Agreement with School District: It was moved by Councilman Hecksclier, seconded by Councilman Sweeney and unanimously carried to direct staff to initiate a joint powers agreement with the Capistrano Unified School District to secure the $4800 to implement the proposed play- ground program, and, to determine the extent to which this $4800 can be increased after analysis of the contributions to the District by the people who have been benefitted by these programs. Summer Playground Budget: It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to approve the Sumner Recreation Program Budget for the period June 28 - August 27, 19769 at a total cost to the City of $3,621.00. Councilman Friess expressed his concern with the numbers of positions in the category of Recreation Leader II; and, it was moved by Councilman Friess, seconded by Councilman Heckscher and unanimously carried that the Summer Recreation Budget be amended to specify two (2) Recreation Leader II positions and five (5) Recreation Leader I positions. Position of Senior Recreation Leader/Budget/Implementation of Program: It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to approve the year-round, part-time position of Senior Recreation Leader; to approve the budget expenditure during the remainder of fiscal year 1975-76 for the position of Senior Recreation Leader; and, to direct staff to implement the proposed playground program. 2. 1975 WEED ABATEMENT - AMENDED COST REPORT (74) Council received copies of a report dated April 7, 1976, from the Director of Public Works regarding corrected weed abatement charges for Assessor's Parcel No. 666-011-16, owned by United Duralume Products, Inc. The corrected chargeis in the amount of $100. Notice having been given as required by law, Mayor Nash declared the Public Hearing open on the proposed amendments, to the 1975 weed abatement cost report and inquired if anyone in the audience wished to address the Council. There being no response, Mayor Nash delcared the Public Hearing closed. RESOLUTION NO. 76-4-7-2: AMENDED WEED ABATEMENT COST REPORT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE COST REPORT FOR WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO It was moved by Councilman Heckscher and unanimously be adopted. 3. APPROV ri Sweeney, seconded by Councilman carried that Resolution No. 76-4-7-2 9299 (95) Notice having been given as required by law, Mayor Nash declared the Public Hearing open on the requested zone change from EL (Large Estate), OS (Open Space) to EL, ES (Small Estate), OS and inquired if anyone in the audience wished to address the Council. There being no response, Mayor Nash declared the Public Hearing closed. -3- 4/7/76 112 , The proposed rezone is :for an 8.75+ acre parcel of land located on the southwest corner of Aguacate Road and Del Obispo Street. The application has been submitted to the Planning Commission in conjunction with Tentative Tract Map 9299, a subdivision of the property into 12 residential lots and one open space lot. The proposed adoption of a precise boundary for the Open Space preservation area of the parcel will help to ensure retention of the Aguacate ravine as a natural open area in private.ownership. The Director of Planning advised that the Open Space zone does not conform with the lot lines in the proposed sub- division, and the lots would be required to conform to the more restrictive of the zoning designations. INTRODUCTION OF ORDINANCE NO. 303: REZONE 76-3 (KCS SYSTEMS. INC.) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF 8.75+ ACRES FROM EL (LARGE ESTATE): OS (OPEN SPACE PRESERVATION) TO EL (LARGE ESTATE): ES (SMALL ESTATE): OS (OPEN SPACE PRESERVATION) was read by title by the City Attorney. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Reckscher and seconded by Council- man Sweeney that Ordinance No. 303 be introduced. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None 4. STORER CABLE TELEVISION - REOUEST FOR RATE INCREASE (43) Council received copies of a report dated April 7, 1976, from the Director of Administrative Services forwarding back- ground information on the request for a rate increase from $6.00•per month to $6.75 per month submitted by Storer Cable TV, Inc. Forwarded with the report were copies of an Analysis of the request dated March, 1976, prepared by Joseph E. Van Loan of Cable Dynamics, Inc., consultant. Mr. Rick Mardock, Manager, Storer Cable TV, stated that he would not object to the suggestion set forth in the staff report that the increase be granted but that all proceeds of the increase be deposited in a trust account pending completion of the reconstruction of the cable system. He stated that he would object to any further delays in the granting of an increase. Notice having been given as required by law, Mayor Nash declared the Public Hearing open on the request of Storer Cable TV, Inc. for an increase in rates from $6.00 per month to $6.75 per month and inquired if anyone in the audience wished to address the Council. The following persons addressed the Council: 1. Charles L. Harris, 31931 Paseo Terrazo, suggested that new residents receive information on City activities. 2. Steven Wilson, 26547 Calle San Luis, President, Capistrano Villas Homeowners Association No. 2, stated that their proposal for one billing for the entire Association was rejected by Storer TV. Mr. Mardock stated that a 10% reduction in rates is granted to associations of 100 more or less homes for standard billing on a monthly basis; -4- 4/7/76 if the rate is paid in advance, an additional 8-1/3% reduction is granted; the -amount is fixed on an annual basis for the bulk of the connections and a quarterly bill is issued for any additional connections. 3. Clare Farrell, 30754 Calle Chueca, spoke in opposition to any increase in rates and described the lack of concealed cable at her residence. Mr. Mardock stated that they do everything possible to conceal the cable.in the Casitas; that the agreement with the Casitas expires in July, but they will offer a 10% rate reduction in bulk payments. 11S There being no one else wishing to address the Council, Mayor Nash declared the Public Hearing closed. Mayor Nash advised that he had expected the consultant's report to be an analysis of the basic structure of the Cable television franchises and the City's method of granting those franchises. The Director of Administrative Services advised that the consultant's report is being done in incre- ments and that the proposed ordinance has been submitted to the two cable television companies for comment. Councilman Sweeney stated that citizens concerned with the rate proposals have not had an opportunity to study the consultant's report and that those persons who appeared at previous meetings during rate increase discussions should be contacted. He read from the Council direction of December 17, 1975, which was that no increase be granted pending the results of the re -writing of the City's cable television ordinances and franchises by the consultant. With the concurrence of Mr. Mardock, Mayor Nash then directed that the Public Hearing be continued to the next regular Council meeting of Wednesday, April 21, 1976, at 7:00 P.M. in the City Council Chamber. The Mayor also directed that homeowners associations and interested persons be notified and advised of the continuance and of the consultant's report; and, Mr. Mardock's statements regard- ing rate discount structure are to be summarized. 5. CONDITIONAL USE PERMIT 75-3 - (39) In response to a request dated April 5, 1976, from John R. Parker, representing Lawrence Dellota, Mayor Nash directed that the Public Hearing on the appeal of the Dellota Swim School CUP 75-3 be continued to the Council meeting of Wednesday, May 19, 1976, at 7:00 P.M. in the City Council Chamber. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 302: REZONE 76-4 (ANDREW) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, (95) AMENDING OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF 3.0+ ACRES FROM EL (LARGE ESTATE) TO ES (SMALL ESTATE) was read by title by the City Attorney. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Sweeney and seconded by Council- man McDowell that Ordinance No. 302 be adopted. The motion carried by the following vote: -5- 4/7/76 114 AYES:"+ .,Cilmen Sweeney, McDowell, Friess, Heckscher end Mayor Nash NOIi S: None ABSENT: None RECESS AND RECONVENE Council recessed at 8:53 P.M. and reconvened at 9:12 P.M. RESOLUTIONS OF COMMENDATION Mayor Nash read the following Resolutions of commendation in full: 1. RESOLUTION NO. 76-4-7-3: COMMENDING J ROART) nR RRVTRTB MRIlIRR.R - A RRC!)T.TTTTnM STRAND, CALIFORNIA (36) It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Resolution No. 76-4-7-3 be adopted. The Resolution commends Mr. Becker for his service to the community as a member of the Architectural Board of Review from September 4, 1974, to March 31, 1976. 2. RESOLUTION NO. 76-4-7-4: COMMENDING CHARLES V. NEAL CITY TREASURER - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA (36) It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that Resolution No. 76-4-7-4 be adopted. The Resqlution commends Mr. Neal for his service to the City as City Treasurer from April 1, 1973, to March 31, 1976. 3. RESOLUTION NO. 76-4-7-5: COMMENDING PAMELA HALLAN CULTURAL HERITAGE COMMISSIONER - A RESOLUTION OF THE CITY COUNCIL F THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA (36) It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Resolution No. 76-4-7-5 be adopted. The Resolution commends Mrs. Hallan for her service to the community in contributing to historical and cultural preservation and for her membership on the Cultural Heritage Commission from February 5, 1975, to March 24, 1976. 4. RESOLUTION NO. 76-4-7-6: COMMENDING JOHN MANYPENNY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA (36) It was moved by Councilman Sweeney, seconded by Mayor Nash and unanimously carried that Resolution No. 76-4-7-6 be adopted. The Resolution commends Mr. Manypenny for his service as a representative of the community on many and various organizations. Mr.. Manypenny has submitted his resignation from all appointments effective March, 1976. CITY BANK ACCOUNTS - RESOLUTION AUTHORIZING SIGNATURES (41) Council received copies of a report dated April 7, 1976, from the Director of Administrative Services forwarding copies of a Resolution confirming the Council action of March 17, 1976, accepting the resignation of the City Treasurer and appointing an Interim City Treasurer. RESOLUTION NO. 76-4-7-7: CITY BANK ACCOUNTS - AUTHORIZED SIGNATURES - A RESOLUTION OF TILE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING DEPOSIT ACCOUNTS WITH THE SAN JUAN CAPISTRANO BRANCHES OF BANK OF AMERICA, CALIFORNIA FIRST BANK, AND SECURITY PACIFIC NATIONAL BANK, AND AUTHORIZING SIGNATURES THEREFOR -6- 4/7/76 It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried that Resolution No. 76-4-7-7 be adopted. The Resolution authorizes the Mayor, Mayor pro tem, and Interim City Treasurer to draw checks on the accounts established by the Resolution. PROPOSED DETACHMENT OF ANNEXATION FROM SPECIAL DISTRICTS (21) The proposed Resolution of Detachment of the Camino del Avion Annexation from Special Districts was withdrawn from the Agenda. The Local Agency Formation Commission has advised that the detachment was effective in 1965. The applicable area includes the developments known as Troy Homes and Harbor Lane Homes. ORAL COMMUNICATIONS 1. TRAFFIC SITUATION - ALTO CAPISTRANO PROPOSED ROUTE " (87) Mrs. Deirdra Tyler, 26982 Via Banderas, addressed the Council and presented a petition signed by residents of the Alto Capistrano area in opposition to construction of Route "E", an extension of Camino Las Ra.mblas. She stated that the route would not alleviate the traffic problem on Via de Agua and would not benefit the residents of the area. 2. TRAFFIC - MISSION HILLS RANCH ACCESS STUDY (87) Dr. Michael Berns and Mr. Justus Gilfillan advised that they would like to address the Mission Hills Ranch Phase II access study when it appears later on the Agenda. 3. MISSION BELL RANCH (85) Mrs. James Allen, 33292 Via Mayor, thanked the Council and staff for their response to the items of concern she had cited at the March 17, 1976, Council meeting. She also noted further concerns with the need for Blue Fin Drive to be changed to a 2 -lane road and the County proposal that Alipaz Street become a 4 -lane road. Mayor Nash suggested that Mrs. Allen submit her comments in written form. 4. COUNTY TERRITORY - PROPOSED EXTENSION OF STONEHILL DRIVE (44) Mr. James Vanderhoof, 25692 Via del Rey, addressed the Council representing Concerned Citizens for a Scenic Capistrano Valley and noted his concerns with the extension of Stonehill Drive as proposed by the County of Orange. 5. TRAFFIC - MISSION HILLS RANCH ACCESS STUDY Mr. Bruce Church, 26851 Canyon Crest Road, advised that he (87) would like to address the Mission Hills Ranch Phase II access study when it appears later on the Agenda. He also noted an article in the Register newspaper regarding growth in the City. 6. TRAFFIC - ALTO CAPISTRANO PROPOSED ROUTE "E" (87) nor. Gary Ha.usdorfer, President, Alto Capistrano Homeowners Association, addressed the Council regarding the construc- tion of Route "E" in the Alto Capistrano area as a means of alleviating the traffic situation. 7. EARTH STORAGE - CAMINO LAS RAMBLAS/INTERSTATE 5 (74) Air. Charles Buehl, 33905 Calle Acordarse, addressed the Council in favor of the removal of the earth storage at Camino Las Ramblas and Interstate 5, due to loss of view should construction occur on the site. The item appears later on the Agenda. -7- 4/7/76 f)8. ELECTIONS - LEAGUE_Ol',,.: mEN VOTERS (40) Mrs. Jessica ;��:, League of Women Voters of the Capistrano Bay Area, r 1417�:essed the Council and presented a letter dated April 4, ,.976, regarding campaign spending during the recent pity Council election. . CONSENT CALENDAR 1. REPORT OF PLANNING COMMISSION MEETING OF MARCH 16 1976 (67) The Report of actions taken by the Planning Commission at its regular meeting of March 16, 1976, was received for information. 2. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF MARCH 16 1976 (23) The Report of actions taken by the Cultural Heritage Commis- sion at its regular meeting of March 16, 1976, was received for information. 3. REQUEST FOR SOLICITATION PERMIT - CHILDREN'S HOSPITAL OF ORANGE COUNTY (26) The request of CHOC Thrift Stores of Children's Hospital of Orange County for permission to solicit door-to-door within the City on Saturday, April 10, and on Saturday, May 1, 1976, is approved as submitted. 4. ORANGE COUNTY SENIOR CITIZENS COUNCIL - RESIGNATION OF CITY REPRESENTATIVE (61) The resignation received from John Manypenny, dated March 23, 1976, as City representative to the Orange County Senior Citizens Council, is accepted. 5. PROCLAMATION - FOSTER PARENT RECOGNITION WEEK MAY 9-15 1976 (71) The period May 9 through May 15, 1976, is proclaimed Foster Parent Recognition Week, as requested by the Orange County Department of Social Services. 6. REOUEST FOR USE OF COUNCIL CHAMBER - CAPISTRANO VILLAS (76) The request of the Capistrano Villas Homeowners Association No. 1 to use the Council Chamber on Friday, April 23, 1976, from 7:30 P.M. to 9:30 P.M. for their budget meeting is approved. A member of the Public Works staff is authorized to open and close the building on that date. 7. MODIFICATION TO CITY COUNCIL MINUTES JANUARY 21 1976 (85) The deletion of the words "to Aguacate Road" from Condition 3 for Tentative Parcel Map DOL 75-7, as set forth in Page 4 of the City Council Minutes of January 21, 1976, is approved for the purposes of clarification. 8. RELEASE OF BONDS, VILLAGE SAN JUAN TRACTS 77 ono inr.r rarr+n nn....rrcrr mrr.n r�rn � (85) The public improvements are accepted and the following actions approved for Tracts in Village San Juan (Zellner Communities, Inc.). Tract 7760 - Exonerate the Labor and Material Bond, the Faithful Performance Bond, and the Monumentation Bond. -8- 4/7/76 Tract 8127 - Extend the Lalor and Material Bond to September 11, 1976; exonerate the Faithful Performance tra*4 and the Monumentation Bond. Tract 8128 - Exonerate the Labor and -Material Bond, the Faithful Performance Bond, and the Monumentation Bond. 9. RELEASE OF 3 -PARTY AGREEMENT, TRACTS 7160 7195 AND 7273 MISSION VILLAGE AND LAS BRISAS (WESTPORT H0ME BUILDERS (85) RESOLUTION NO. 76-4-7-8: RELEASE OF DEPOSIT - WESTPORT HOME BUILDERS, INC. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RELEASING FIRST AMERICAN TITLE INSURANCE COMPANY FROM ANY FURTHER LIABILITY IN CONNECTION WITH THE DEPOSIT OF MONEY MADE PURSUANT TO SECTION 11613 OF THE BUSINESS AND PROFESSIONS CODE (TRACT NOS. 7160, 7195, AND 7273) The Resolution is adopted and the public improvements accepted. APPROVAL OF WARRANTS 117 (41) After clarification of Warrants Nos. 6928, 6939, 6946, and 6970, it was moved by Councilman Sweeney and seconded by Councilman Friess that the List of Demands dated April 7, 1976, Warrants Nos. 6907 through 7009, inclusive, in the total amount of $51,305.69, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Sweeney, Friess, Heckscher, and Mayor Nash NOES: None ABSTAIN: Councilman McDowell ABSENT: None 4D SUBDIVISION AGREEMENT, TRACT 8994 (85) Council received copies of a report dated April 7, 1976, from the Director of Public Works advising that the final map for Tract 8994 has been reviewed and found to be in conformance with the Subdivision Map Act, that all fees have been paid, and all conditions of approval satisfied. It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to approve the Final Map for Tract 8994, determining that said map is consistent with the General Plan and in substantial compliance with the approved Tentative Map for Tract 8994; and, to approve the Subdivision Agreement and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. TENTATIVE PARCEL MAPS DL 76-1, DL 76-2, DL 76-3, AND DL 76-6 FOR AREA KNOWN AS McCRACKEN HILL (85) Councilman Sweeney left the Council Chamber prior to discussion of this item. Council received copies of a report dated April 7, 1976, from the Director of Planning forwarding the conditions of approval for each of the divisions of land as set forth in Planning Commission Resolutions for each parcel. The conditional approval would require the property owners to install an approved public street and sanitary sewer system or to form assessment districts to accomplish the construction of the public improvements. The Director of Planning made an oral report on the access and sewerage conditions. -9- 4/7/76 Councilman Friess.stated .l;i '" there was insufficient information about the area and t':,at Environmental Impact Report should be required due to .,ol' ,lcal problems and proposed density.' -- The Associate PIrlip-_ advised that the land divisions were submitted separately-TiuU were considered individually by the Environmental ,,ard. The total area known as McCracken Hill consists of approximately 1S parcels on 35 acres of land; of those 18 parcels, 6 are developed and 12 are capable of being developed. (DL 76-1, Sweeney) It was moved by Councilman Friess and seconded by Mayor Nash that DL 76-1 be denied based upon lack of knowledge regarding sewerage and circulation. The motion was later clarified to read that the denial be due to the fact that, based on the Subdivision Map Act, there is insufficient information on the project area for an affirmative vote and that the project site is not physically suitable for the density. It was moved by Councilman McDowell and seconded by Council- man Heckscher to approve DL 76-1 with the inclusion of the conditions set forth in the Planning Commission Resolution of approval. Councilman Heckscher then withdrew the second, and the motion died. The motion of denial then carried by the following vote: AYES: Councilmen Friess, Heckscher,and Mayor Nash NOES: Councilman McDowell ABSENT: Councilman Sweeney DL 76-2 Sweeney/McCabe) It was moved by Councilman Friess and seconded by Mayor Nash that DL 76-2 be denied due to the fact that, based on the Subdivision Map Act, there is insufficient information on the project area for an affirmative vote and that the project site is not physically suitable for the density. The motion carried by the following vote: AYES: Councilmen Friess, Heckscher and Mayor Nash NOES: Councilman McDowell ABSENT: Councilman Sweeney DL 76-3, Coastal Developers) It was moved by Councilman Friess and seconded by Council- man Heckscher that DL 76-3 be denied due to the fact that, based on the Subdivision Map Act, there is insufficient information on the project area for an affirmative vote and that the project site is not physically suitable for the density. The motion carried by the following vote: AYES: Councilmen Friess, Heckscher and Mayor Nash NOES: Councilman McDowell ABSENT: Councilman Sweeney DL 76-6, King) It was moved by Councilman Friess and seconded by Mayor Nash that DL 76-6 be denied due to the fact that, based on the Subdivision Map Act, there is insufficient information on the project area for an affirmative vote and that the project site is not physically suitable for the density. The motion carried by the following vote: AYES: Councilmen Friess, Heckscher and Mayor Nash NOES: Councilman McDowell ABSENT: Councilman Sweeney -10- 4/7/76 Mayor Na.sh stated that there was no -objection to the applicants Y 1 re -applying for approval. The City Attorney had advised that if no action were taken, the land divisions would be approved as submitted by the applicants. The City Manager stated that the applicants should satisfy the Environmental Review Board that there is no negative impact on the area due to the recommendations of the Planning Commission with a specific Environmental Impact Report addressed to circulation and sewerage. The following property owners and/or representatives of property owners then addressed the Council: 1. John McCabe, San Diego, who stated that he had not received notification of the meeting. He stated that geological tests of the project area had been made in the past and should be referred to. Mayor Nash directed that Mr. McCabe be notified of meetings when this item is scheduled. Councilman Sweeney returned to the dais at this point. 2. Steve McMillan of Coastal Developers, representing the owners of the property within DL 76-1, 76-2, and 76-3, stated that the proposed structure of the sewer system is important and that the original Planning Commission recommendation was that geological data and soils reports be provided. 3. Chuck King, DL 76-6, asked what procedures were required in order to proceed. Councilman Sweeney then left the dais. The City Attorney advised that the Subdivision Map Act requires that the City Council take an action within 30 days after the Planning Commission action, unless.the applicants agree that they will notoppose that time limit. Councilman Heckscher asked if all of the applicants were present and if they were willing to delay the matter and waive the time limit. Mr. McMillan and Mr. King both stated they were willing to agree to an extension of time. It was moved by Councilman Heckscher and seconded by Council- man McDowell to reconsider the action taken by the City Council in denying the applications for Divisions of Land 76-1, 76-2, 76-3, and 76-6. The motion carried by the following vote: AYES: Councilmen McDowell, Friess, Heckshcer and Mayor Nash NOES: None ABSENT: Councilman Sweeney It was moved by Councilman Heckscher and seconded by Council- man McDowell that, with the concurrence of the applicants, Council consideration of the tentative parcel maps for DL 76-11 76-2, 76-3, and 76-6 be tabled. The motion carried by the following vote: AYES: Councilmen McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: Councilman Sweeney The applicants are to submit a specific Environmental Impact Report addressed to circulation and sewerage. Councilman Sweeney then returned to the dais. -11- 4/7/76 2/ OTRAFFIC AND TRA';:-" '..i'ATION COMMISSION 1. ACCESS :,iUDY - MISSION HILLS RANCH PHASE II Council received copies of a report dated April 7, 1976, from the Director of Public Works requesting Council clarifi- cation on the use of the existing Mission Hills Drive as an access route to the Mission Hills Ranch Phase II, as specified in General Plan Amendment 75-1 and discussed on December 17, 1975. Mayor Nash requested that Council address only a clarification of its December 17, 1975, action, not the question of whether or not Mission Hills Drive should or should not connect to other arterial systems, and Council discussion ensued. Councilman Sweeney suggested that the Traffic and Transporta- tion Commission establish a policy statement for access to developments.and subdivisions to serve as a guideline to staff. Mayor Nash so directed. It was moved by Councilman McDowell to defer consideration of access to Mission Hills Ranch Phase II until such time as the Traffic and Transportation Commission has submitted their recommendation. The motion died for lack of a second. It was moved by Councilman Sweeney and seconded by Council- man McDowell to refer the question.of Mission Hills Ranch access to the staff and to the Traffic and Transportation Commission for review and recommendation regarding a sub- division access policy which establishes criteria as to the number of dwelling units which can be served by a singular access, with related road standards. The following persons address the Council: 1. Dr. Michael Berns, 26921 Canyon Crest Road; 2. Mr. Bruce Church, 26851 Canyon Crest Road; 3. Mr. Justus Gilfillan, representing Mission Hills Ranch. With the concurrence of the second, the above motion was then amended to delete the reference to Mission Hills Drive, and the motion carried by a unanimous vote. It was moved by Mayor Nash and seconded by Councilman Sweeney to affirm the fact that the action taken by the City Council on December 17, 1975, was to uphold the action of the Planning Commission; that that action had the intent of limiting access to Mission Hills Drive; and, that is in fact the ground rule that is still in effect, but that can or may be modified by future action, as any ground rule can. Mayor Nash defined "limiting access to Mission Hills Drive" as "should not connect to the existing Mission Hills Drive." Direction is given to the Traffic and Transportation Commis- sion that, in considering General Plan Amendment No. 76-1, they do have some freedom of action in providing alternatives to the traffic problem; the Council is receptive to sugges- tions which may vary from limited access down to zero access. The motion then carried by a unanimous vote. Councilman Heckscher suggested that the Commission is to provide a specific solution to the problem after considering the configuration of the tract, both Phase I and Phase II. -12- 4/7/76 ADJOURNMENT '" 121 Pursuant to City Council Resolution No. 75-3-5-6, the meeting was adjourned at 11:32 P.M. to the nest meeting date of Wednesday, April 14, 1976, at 7:00 P.M. in the City Council Chamber for the purpose of continuing consideration of the April 7, 1976, Agenda. APPROVED: DOUGLAS B4PNASH, MAYOR Respectfully submitted, MARY ANN,,,#ANUVEH2 CITY CLERK -13- 4/7/76 122 APRIL 14, 1976 ADJOURNED REGULAR MEETING f :IE CITY COUNCIL OF TIIE CITY OF SAN JT? LI ":yISTRANO, CALIFORNIA The Adjourned Regular flee*`_:.b of the City Council was called to order by Mayor N:!';ia 1:03 P.M. in the City Council Chamber for the purpose ua r-.w:,,pleting consideration of the City Council Agenda nf.::yril 7, 1976. ROLL CALL: PRESENT: Douglas B. Nash, Mayor Councilman Kenneth E. Friess Councilman Richard D. McDowell Councilman John B. Sweeney ABSENT: Yvon O. Heckscher, Mayor pro tem, who joined the meeting at 7:25 P.M. STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell, Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. ADMINISTRATIVE ITEMS ROOF SIGN - EL ADOBE RESTAURANT (25) Council had received copies of a memorandum dated April 7, 1976, from the Director of Planning advising that the representatives of the E1 Adobe Restaurant have submitted a proposal to replace the existing roof sign. The new proposal is for the installation of a sandblasted redwood sign with gold leaf lettering and external lighting; the proposed sign area is 55 square feet. The City Attorney advised that the parties had agreed that the City's reconsideration of E1 Adobe's proposal will in no way constitute an admission of error and that his office intends to proceed with the legal action pending. The City Manager advised that the existing sign is 8' x 12' and the proposed sign would measure 5-1/2' x 10'. The Director of Planning advised that, other than size and being roof - mounted, the sign would meet all criteria of the Mission District regulations. Councilman Sweeney stated that he is in a conciliatory mood; that he supports the sign ordinance within reason; that he is willing to compromise on the exact size of the sign; and, that he would like the proposal to be submitted to the Environmental Review Board. Councilman Friess stated that he felt the Cornwells have been reasonable in approaching a compromise, but he would prefer that the matter had been resubmitted to the Planning Commission and the ERB. - Mayor Nash stated that a considerable amount of compromise has been granted; that the applicant had submitted a 27 square foot sign on December 9, 1975, which had been approved, but the applicant had subsequently withdrawn that proposal. It was moved by Councilman Sweeney and seconded by Council- man McDowell that the proposed 55 square foot sign be referred back to the Planning Commission and the Architectural Review Board. The motion carried by the following vote: -1- 4/14/76