76-0707_CC_Minutes_Regular MeetingJULY 7, 1976 219
REGULAR n1EETING OF THE CT -
11V COUNCIL 'OF THE
CIT] OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Nash at
7:17 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Harold J.
Lickey of the Seventh Day Adventist Church.
ROLL CALL PRESENT: Douglas B. Nash, Mayor
Yvon 0.. Heckscher, Mayor pro tem
Kenneth E. Friess, Councilman
Richard D. McDowell, Councilman
John B. Sweeney, Councilman
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; George N. Lohnes, Associate Civil
Engineer; Thomas G. Merrell, Director of Planning; James S.
Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Adjourned Regular Meeting of June 9, 1976:
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried that the Minutes of the Adjourned
Regular Meeting of June 9, 1976, be approved as submitted.
Adjourned Regular Meeting of June 14, 1976:
It was moved by Councilman Heckscher and seconded by Councilman
McDowell that the Minutes of the Adjourned Regular Meeting of
June 14, 1976, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen McDowell, Friess, Heckscher and
Mayor Nash
NOES: None
ABSTAIN: Councilman Sweeney
ABSENT: None
Regular Meeting of June 16, 1976:
It was moved by Councilman Sweeney, seconded by Councilman McDowell
and unanimously carried that the Minutes of the Regular Meeting
of June 16, 1976, be approved subject to the revisions to be made
to Pages 7, 10, and 12.
Adjourned Regular ;fleeting of June 21, 1976:
It was moved by Councilman Ileckscher, seconded by Councilman
Sweeney and unanimously carried that the Minutes of the Adjourned
Regular Meeting of June 21, 1976, be approved as submitted,
Adjourned Regular Meeting of June 23, 1976:
it was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that the Minutes of the
Adjourned Regular Meeting of June 23, 1976, be approved subject
to the revision to Page 1 requested by Mayor Nash.
Adjourned Regular Meeting of June 24, 1976:
It was moved by Councilman McDowell, seconded by Mayor Nash and
unanimously carried that the Minutes of the Adjourned Regular
Meeting of June 24, 1976, be approved as submitted.
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' 2 2 10TION TO READ BY TI T', I,NLY
It was moved b,. (•,),ucilman McDowell, seconded by Mayor Nash and
unanimously 7'. led that all ordinances be read by title only.
BIP.^_ CONTRACTS, AGRP:EMENTS
1. RENEWAL OF AGREEMENT FOR SLUDGE REMOVAL
(GOLDEN WEST FERTILIZER CO.)
(79) Council received copies of a report dated July 7, 1976,
from the Director of Public Works forwarding a proposed
agreement between the City and Golden West Fertilizer Co.
for the removal of sludge material from the sanitary treat-
ment plant. The Agreement is for the period July 1, 1976,
through June 30, 1977, at a rate of $65.22 per truckload for
a total cost of approximately $33,000 for the current fiscal
year. The City would be obligated to pay its pro rata share
as a member of the Southeast Regional Reclamation Authority.
Mayor Nash directed that options for other means of sludge
removal be provided to Council, including estimated costs
for disposal at the Prima Deschecha landfill.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve the Agreement
between the City and Golden West Fertilizer Co. for sludge
removal for fiscal year 1976-77, to authorize the Mayor to
execute the Agreement on behalf of the City and the City
Clerk to attest thereto.
2. AERIAL PHOTOGRAPHY SERVICES FOR TRAFFIC CONTROL SYSTEM
CALL FOR BIDS
(82) Council received copies of a report dated July 7, 1976, from
the Director of Public Works advising that the City received
a grant on May 1, 1976, in the amount of $30,000 from the
Office of Traffic Safety for the purpose of conducting an
inventory of the City's traffic control device system,
including aerial photography. The cost of the photography
service is estimated at $8,000, for which the City will be
totally reimbursed. Specifications were forwarded.
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried to approve the specifications
for aerial photography of the City's traffic control device
system and to authorize the City Engineer to call for bids.
3. AGREEMENT FOR SOILS TESTING
(COUNTY OF ORANGE)
(25) Council received copies of a report. dated July 7, 1976, from
the Director of Public Works forwarding copies of an agreement
between the City and the County of Orange for the provision
of soils testing and laboratory services in conjunction with
compaction testing of roadbeds and pipeline trenches. Costs
of the service will be borne by development inspection fees.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the Agreement
between the City and the County of Orange for materials
control tests and preliminary soils investigations for fiscal
year 1976-77, to authorize the Mayor to execute the Agreement
on behalf of the City and the City Clerk to attest thereto.
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M
ENCROACHMENT AGREEMENT FOn
TARY SEWER RECONSTRUCTION 2 2
(80) Council received copies of a report dated July 7, 19761 from
the Director of Public Works forwarding a License Agreement
between the City and the AT&SF R".ilway Company. The Agree-
ment authorizes encroachment into the railway right-of-way
for the purpose of constructing the sanitary sewerline
replacement behind the Post Office building and adjacent
properties. The required license fee is $150 plus inspection
costs of approximately $500.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the License
Agreement between the City and the Atchison, Topeka & Santa
Fe Railway Company for encroachment into the railroad
right-of-way for the purpose of constructing the 12" sanitary
sewerline and to authorize the Mayor to execute the Agreement
on behalf of the City.
PUBLIC HEARINGS
1. APPEAL OF PLANNING C0MMISSI0N DENIAL -
REZONE 76-6 AND TENTATIVE TRACT 9339 (STANDARD PACIFIC)
(95) Council received copies of a report dated July 7, 1976, from
the Director of Planning regarding an appeal of the Planning
Commission action in denying Rezone application 76-6 and
Tentative Tract No. 9339. An appeal has been filed by
Brown, Gonzalez & Baine, Inc., dated June 9, 1976, on behalf
of the developer, Standard Pacific Corporation; the appeal
fee of $25.00 has been paid.
The applicant had submitted an application for a zone change
from RM (Multiple Family) to RD (Garden Home) and Tentative
Tract Map for a subdivision of approximately 7.1+ acres of
land located on the southeast corner of Del Obispo Street
and Alipaz Street known as Assessor's Parcel No. 121-171-01
into 40 residential lots and one common lot. On June 22,
1976, the Planning Commission denied the zone change and
tentative map based on the following findings:
(1) The proposed project would create an environment
incompatible with existing and planned higher
intensity uses near the site;
(2) The existing RM zoning is more compatible with
nearby light industrial, commercial and residential
uses and the location at the intersection of two
arterial highways than is the proposed RD zoning;
(3) The proposed tentative map does not conform to the
existing RM zoning.
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the appeal of the
Planning Commission denial of Rezone 76-7 and Tentative
Tract 9339 submitted by Standard Pacific Corporation and
inquired if anyone in the audience wished to address the
Council. The following persons responded:
(1) Edwin F. Clark, 32203 Alipaz Street, addressed the
Council in favor of the rezone to single height
dwellings and presented a petition signed by
approximately 139 residents of San Juan Mobile
Estates in favor of RD (Garden Home) zoning for
the subject property.
(2) Scott Smith, representative of Standard Pacific,
addressed the Council to advise that the requested
zone change is for a duplex development of lower
density than the existing zoning.
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(3) Larry Barnhill. -Of Swan Constructors, San Diego,
owners of =e property in question, addressed the
Counc4-' to request favorable consideration of the
Th,�;a h,�Ing no one else wishing to address the Council,
Maur Nash declared the Public IIearing closed.
The Director of Planning advised that the issue at hand is
compatibility with surrounding property uses rather than
density. Mayor Nash noted that open space would not be
provided nor is there provision for buffering from the
surrounding streets and flood channel included in the rezone.
It was moved by Councilman Sweeney and seconded by Council-
man Friess to uphold the action of the Planning Commission
in denying Rezone 76-6 and Tentative Tract Map 9339 as set
forth in Planning Commission Resolutions PC 76-6-22-4 and
PC 76-6-22-5. The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Heckscher and
Mayor Nash
NOES: Councilman McDowell
ABSENT: None
2. REZONE 76-7/INTRODUCTION OF ORDINANCE NO. 307 (MARSDEN)
(95) Council received copies of a report dated July 7, 1976, from
the Director of Planning forwarding the Planning Commission
recommendation of approval for a zone change from GM (Growth
Management) to CM (Commercial Manufacturing) on a 1.0+ acre
parcel of land. The property is located at the extreme
southerly City limits on Camino Capistrano and Via Serra.
The requested designation would permit office, warehouse,
and limited commercial use.
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the proposed zone change
from GM to CM requested by Ralph Marsden and inquired if
anyone in the audience wished to address the Council. The
following persons responded:
(1) Ralph Marsden, the applicant, 35261 Beach Road,
Capistrano Beach, addressed the Council and
explained the plans for re -alignment of the
drainage channel on the property and advised that
the entire property would be fenced.
In response to an inquiry from Councilman Heckscher
Mr. Marsden advised that the entire curb line of
the property will be landscaped except for the two
driveways and that landscaping will be installed
along the major portion of the proposed building.
There being no one else wishing to address the Council on
this matter, Mayor Nash declared the Public IIearing closed.
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 Heckscher
and seconded by Councilman Sweeney that the following Ordinance
be introduced:
ORDINANCE NO. 307, REZONE 76-7 (MARSDEN)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING OFFICIAL ZONING MAP ADOPTED BY ORDINANCE; NO. 293
BY CHANGING THE ZONING OF 1.0+ ACRES FROM GM (GROWTH
MANAGEMENT) TO CM (COMMERCIAL MANUFACTURING)
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The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher and Mayor Nash._
NOES: None
ABSENT: None
3. VACATION OF PORTION OF CAMINO CAPISTRANO
(91) Council received copies of a report dated July 7, 1976, from
the Director of Public works regarding the proposed vacation
of a portion of Camino Capistrano from Avenida Aeropuerto to
approximately 813 feet northerly. The Resolution of intent
was adopted on June 16th and notice has been posted. San
Diego Gas & Electric and Storer Cable TV have requested the
reservation of a permanent easement for public utilities.
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open and inquired if anyone in
the audience wished to address the Council. There being no
response, Mayor Nash declared the Public Hearing closed.
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that Resolution No. 76-7-7-1, being:
VACATION OF A PORTION OF CAMINO CAPISTRANO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ORDERING THE VACATION OF
A PORTION OF CAMINO CAPISTRANO
be adopted. The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell,
Sweeney and Mayor Nash
NOES: None
ABSENT: None
Staff is directed to complete the street vacation procedures,
and the City Clerk is directed to file a certified copy of
the Resolution in the office of the County Recorder.
4. PERSONNEL CLASSIFICATION PLAN -
PUBLIC HEARING DATE
(66) Mayor Nash directed that July 21, 1976, at 7:00 P.M. in the
City Council Chamber be established as the time and place
for a Public Hearing on proposed amendments to the Personnel
Classification Plan.
5. 1976 WEED ABATEMENT CHARGES
PUBLIC HEARING DATE
(74) Mayor Nash directed that July 21, 1976, at 7:00 P.M. in the
City Council Chamber be established as the time and place
for a Public Hearing on 1976 Weed Abatement Charges.
6. CONDEMNATION PROCEEDINGS FOR SEWER EASEMENT -
DTRIT.T(' TIT,' A T)TATC n TF (ACTITY\
(80) Mayor Nash directed that August 4, 1976, at 7:00 P.N. in the
City Council Chamber be established as the time and place
for a Public Hearing on a proposed Resolution commencing
condemnation proceedings for the acquisition of a sanitary
sewer easement adjacent to Paseo Adelanto and north of the
Post Office Building.
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'ORAL COMMUNICATIONS
1. CITIZENS FOURTH OF JULY C i-itdtT i'TEE
(23) Toni Decker, 2571_1 nv'-,nida Pedregal, addressed the Council
on behalf Citizens Committee for the Fourth of July
Celeh^:_r., to express the Committee's appreciation of the
.c(! -,;..tion and support provided by the Council and staff
in conjunction with the first community celebration of the
Fourth of July.
2. PROPOSED ORDINANCE REGULATING DOOR-TO-DOOR SOLICITATION
(26) Chris Bowes, 32975 Avenida del Rosal, of Tarbell Realtors,
and Joe O. Fallik, 1297-A Garden Grove Boulevard, Garden
Grove, addressed the Council in opposition to the proposed
adoption of an ordinance regulating door-to-door solicita-
tion in the City.
3. GENERAL PLAN AMENDMENT 76-1 (A)
(MISSION HILLS RANCH PHASE II)
(46) Gus Gilfillen, 4300 Campus Drive, Newport Beach, representing
Mission Hills Ranch, Inc., addressed the Council and
requested an opportunity to address the Mission Hills Ranch
item when it appears later on the Agenda in support of the
proposed density.
Bruce Church, 26851 Canyon Crest Road, also requested an
opportunity to address this subject later on the Agenda. He
suggested that the General Plan was arrived at by compromise
and should be viewed as the compromise document, and that
the requested density increases would be precedent setting.
Robert Davies, 29391 Edgewood Road, City Planning Commissioner,
addressed the Council in favor of retaining the existing land
use designations for Mission Hills Ranch Phase II.
Marianne Hoezel and Ralph Hoezel, 33705 Calle Miramar,
addressed the Council in favor of the General Plan Amendment
requested by Mission Hills Ranch, Inc.
Tony Forster, 31312 Guadelupe, addressed the Council and
recommended that the Council approve the last compromise
submitted by Mission Hills Ranch, Inc., provided that a new
access road is supplied.
Susan Fox addressed the Council in opposition to a General
Plan Amendment.
Robert Berns, 26921 Canyon Crest, addressed the Council in
opposition to a General Plan Amendment.
Mary Ann Porter, 31472 Oro Place, stated that if the City
is to be kept rural, it should be kept small.
Daivd Smith, 26485 Calle San Lu4s, addressed the Council and
suggested that the Council concur with the Planning Commis-
sion action and deny the petition for a General Plan
Amendment.
RECESS AND RECONVENE
Council recessed at 9:07 P.M. and reconvened at 9:26 P.M.
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ORDINANCES
225
1. ADOPTION OF ORDINANCE NO. 304 REGULATING AIRPORT USE
(48) Council received copies of Ordinance No. 304 which was
introduced at the Council meeting of June '16, 1976, and is
ready for adoption. Councilman Sweeney suggested that no
action be taken by Council with regard to establishing
landing fees by Resolution, as set forth in Section 2.B. of
the Ordinance, until the airport operators have had an
opportunity to work with the new regulations.
The City Attorney read the title of the Ordinance next in
order. Further reading of al,I ordinances had been waived
earlier in the meeting. It was moved by Councilman Sweeney
and seconded by Councilman Heckscher that the following
Ordinance be adopted:
ORDINANCE NO. 304, REGULATING AIRPORT USE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DEFINING AND REGULATING THE USE AND HOURS
OF OPERATION OF THE CAPISTRANO AIRPORT RUNWAY AND
TAXIWAY
The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell,
Sweeney and Mayor Nash
NOES: None
ABSENT: None
2. ADOPTION OF ORDINANCE NO. 305 REGULATING DOOR-TO-DOOR
SOLICITATION
(26) Council received copies of Ordinance No. 305 which was
introduced at the Council meeting of June 16, 1976, and is
ready for adoption. Council directed that the phrase
"police officer" be changed to "peace officer" as shown in
Section 4, Page 2, of the Ordinance. Council also received
copies of a letter dated July 1, 1976, from the South Orange
County Board of Realtors in opposition to the Ordinance.
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 Sweeney
and seconded by Councilman Friess that the following
Ordinance be adopted:
ORDINANCE NO. 305. REGULATING DOOR-TO-DOOR SOLICITATION
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DEFINING AND REGULATING SOLICITORS,
PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND
REPEALING PORTIONS OF ORDINANCE NO. 171 IN CONFLICT
THEREWITH
The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell,
Sweeney and Mayor Nash
NOES: None
ABSENT: None
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2 6.
ADOPTION OF
ORDINANCE NO�stt1',
STREET
LIGHT ENERGY AND
MAINTENANCE
FEE
(53) Council recc v"'. ;opies of Ordinance No. 306 which was
introd._i ; the Council meeting of June 16, 1976, and is
rc. civ '.ir adoption.
The City Attorney read the title of the Ordinance nest in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman Heckscher
and seconded by Councilman Sweeney that the following
Ordinance be adopted:
ORDINANCE NO. 306, STREET LIGIiT ENERGY AND MAINTENANCE
FEE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING RULES AND REGULATIONS TO
CONTROL AND REGULATE THE STREET LIGHT ENERGY AND
MAINTENANCE FEE WITHIN THE CITY OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, IIeckscher, McDowell,
Sweeney and Mayor Nash
NOES: None
ABSENT: None
RESOLUTIONS
1. ESTABLISHING SALARY OF CITY TREASURER
(41) Council received copies of a report dated July 7, 1976, from
the City Clerk forwarding a proposed Resolution establishing
compensation for the City Treasurer, as provided by Govern-
ment Code Section 36517. At the meeting of June 16, 19760
Council had set the salary at $100 per month.
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that the following Resolution be adopted:
RESOLUTION NO. 76-7-7-2, CITY TREASURER SALARY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRA"O, CALIFORNIA, ESTABLISHING SALARY FOR THE CITY
TREASURER
The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell,
Sweeney and Mayor Nash
NOES: None
ABSENT: None
2. DEL OBISPO STREET ARTERIAL IIIGHWAY FINANCING PROGRAM FUNDS
(AHFP #686)
(44) Council received copies of a .report dated July 7, 1976, from
the Director of Public Works regarding funding for the
improvement of Del Obispo Street from Camino Capistrano
westerly to Los Rios Sireet. The County is requesting that
the amount of their payment be reduced from .$33,890.63 to
$31,044.05 to cover County administrative costs and, there-
fore, an amended Resolution is required.
Councilman IIeckscher noted that the City should be aware in
the future that the monies actually received for AHFP funds
will be reduced by the administrative charges.
-8- 7/7/76
ift
It was moved by Councilman Sweeney and seconded by Counc112 2 d
man McDowell that the followio.g Resolution be adopted:
RESOLUTION NO. 76-7-7-31 DEL OBISPO STREET AHFP FUNDS
A RESOLUTION OF THE CITY COUNCIL OF This CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REQUESTING`THE COUNTY OF
ORANGE TO INCREASE THEIR ALLOCATION FROM ARTERIAL
HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF DEL
OBISPO STREET FROM LOS RIOS STREET TO CAMINO CAPISTRANO -
AHFP NO. 686
The motion carried by the .following vote:
AYES: Councilmen Friess, Heckscher, McDowell,
Sweeney and Mayor Nash
NOES: None
ABSENT: None
Councilman Sweeney stated he would support an inquiry into
the County's basis for deducting administrative costs, and
it was the consensus of the Council that the City Manager
be so directed.
3. WAIVER OF APPLICATION FEES (ILLEGAL FENCES
(81) Council received copies of a report dated July 7, 1976, from
the Director of Planning forwarding a proposed Resolution
providing for the waiver of application fees for zone
variance requests relating to existing illegal fences, as
directed by Council on June 16th.
Councilman Heckscher suggested that the word "original" be
deleted from the last paragraph of the Resolution. The
Resolution waives the variance application fee established
by the Land Use Management Code for minor fence encroachments
into set back lines within newly constructed tracts.
Mayor Nash suggested that home buyers should be furnished
with a clear-cut set of instructions in order to avoid this
type of encroachment in the future.
It was moved by Councilman Heckscher and seconded by Council-
man Friess that the following Resoluti,n be'adopted:
RESOLUTION NO. 76-7-7-4. WAIVER OF VARIANCE FEES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, WAIVING THE PAYMENT OF
FEES FOR THE APPLICATION FOR VARIANCES TO PERMIT MINOR
ENCROACHMENTS OF FENCES INADVERTENTLY BUILDING WITHIN
SET BACK LINES
The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Heckscher and
Mayor Nash
NOES: None
ABSTAIN: Councilman Sweeney
ABSENT: None
4. RESOLUTION OF COMMENDATION -
(WOODS IDL KUBOTA & ASSOCIATES)
(36) It was moved by Councilman Sweeney and ssconded by Mayor
Nash that the following Resolution be adopted:
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2 2 8 RESOLUTION NO. 76-71/ COMMENDING WOODSIDE/KUBOTA &
ASSOCIATES
AAARSOLUTTOxf : THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAT",""".,NO, CALIFORNIA, COMMENDING WOODSIDE/KUBOTA &
ASSnC_�TL� FOR SERVICES
T:ie slotion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell,
Sweeney and Mayor Nash
NOES: None
ABSENT: None
Jack Kubota had been appointed as the first City Engineer
in 1962, and the firm of Woodside/Kubota was retained by
the City in 1971 as engineering consultants. The contract
was recently terminated due to the implementation of in-house
engineering services.
5. RESOLUTION OF COMMENDATION
(WINSTON UPDEGRAFF)
(36) It was moved by Councilman Heckscher and seconded by Council-
man Sweeney that the following Resolution be adopted:
RESOLUTION NO. 76-7-7-6 COMMENDING WINSTON UPDEGRAFF
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING WINSTON R.
UPDEGRAFF OF THE LEAGUE OF CALIFORNIA CITIES
The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, McDowell,
Sweeney and Mayor Nash
NOES: None
ABSENT: None
Mr. Updegraff has submitted his resignation as Executive
Secretary of the Orange County Division of the League of
California Cities after 45 years of service with the League.
WRITTEN COMMUNICATIONS
1. REQUEST FOR RATE INCREASE -
STORER CABLE TELEVISION
(43) Council received copies of a letter dated June 18, 1976,
from Farrow, Schildhause & Dent, representing Storer Cable
TV, requesting Council approval of the request for rate
increases submitted by Storer in April of 1974.
It was moved by Councilman McDowell, seconded by Councilman
Sweene} and unanimously carried that the letter be received
and filed.
2. SEWAGE TREATMENT PLANT - REOUEST FOR LEASE OF PLANT CAPACITY
(SANTA MARGARITA WATER DISTRICT)
(79) Council received copies of a letter dated June 3, 1976, from
Thomas C. Blum, President, Santa Margarita Water District,
requesting that the City lease approximately 1 mgd of sewage
treatment plant capacity to the Santa Margarita Water District
for an interim period of time beginning on or about January 1,
1977, and ending on or about December 31, 1978.
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K
It was the consensus of the Council that the request be 2 9
placed on a future City Council. Agendaa for consideration
at that time. Staff is to prepare a report and comprehen-
sive analysis of the request indicating the implications of
the City entering into such a lease agreLment, including
any constraints that would be placed on the City's use of
the plant capacity and potential revenues which could be
generated by a lease agreement.
F EARTH STOCKPILE AT CAMINO LAS RAMBLAS -
n
AT c TTIVT) NIP T nNT tLrr cnl NI
(74) Council received copies of a letter dated June 23, 1976,
from Morris Misbin, on behalf. of Margaret Fern Holmes,
requesting Council approval of amended grading plans with
regard to the earth stockpile at Camino Las Ramblas in the
Alto Capistrano area of the City. At the Council meeting
of April 7, 1976, a request for an extension of time of the
agreement between the City and Mr. Misbin for the removal of
the entire stockpile had been denied. The Director of
Public Works advised that the letter of June 23rd should be
considered as an appeal of the previous Council action and
that the current deadline for removal of the entire stock-
pile is August 1, 1976.
It was moved by Councilman Heckscher and seconded by Council-
man Sweeney that the applicant be allowed a 90 -day period of
time in which to submit grading plans with a specific
analysis of the impact on views of surrounding properties;
staff is directed to respond to those plans within a 30 -day
period of time thereafter. The motion carried by the .
following vote:
AYES: Councilmen Sweeney, McDowell, Friess and
Heckscher
NOES: Mayor Nash
ABSENT: None
CONSENT CALENDAR
It was moved by Councilman McDowell, seconded by Councilman Sweeney
and unanimously carried that the staff recommendations be accepted
with regard to the following Consent Calendar items:
1. APPROVAL OF WARRANTS
(41) The List of Demands dated June 30, 1976, Warrants Nos. 7418
through 7429, inclusive, in the total amount of $133,777.02;
and the List of Demands dated July 7, 1976, Warrants Nos.
7430 through 7540 inclusive, and 1911 Act Account Warrants
Nos. 0180 and 0181, in the total amount of $158,689.55, are
approved as submitted.
2. REPORT OF PLANNING COMMISSION MEETING OF JUNE 22, 1976
(68) The Report of actions taken by the Planning Commission at
its regular meeting of June 22, 1976, is ordered received
and filed.
3. RELEASE OF BONDS, TRACT 7112 (PACESETTER HOMES)
(85) The public improvements resulting from Tract 7112 are accepted
and authorization is granted to exonerate the Faithful
Performance Bond ;x'115819 in the total amount of $401,000 held
by American Standard Insurance Co.; an extension to December 17,
1976, is required for the Labor and Materials Bond, all as
set forth in the report from the Director of Public Works
dated July 7, 1976.
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7/7/76
240604
RI"sLI:nSI4 OF(TBONllS, '!'RACT 5947
RANSAMl:B1CA DEVELOPMENT COMPA,N;)
(85) The sidewalk and drivew iml_ovements for Tract 5947 are
accepted and authn_•i�.atioii is granted to exonerate Faithful
Performance :;one. "525.,x17 in the total amount of $10,500 held
by Sa+'c,:,, - .,urance Company; an extension to June 2, 1977,
ia- required for the Labor and Materials Bond, all as set
forth in the report from the Director of Public Works dated
July 7, 1976.
5. REFUND OF BUSINESS LICENSE FEE
(DANA RILLS HIGH SCHOOL BOOSTERS CLUB)
(26) Authorization is granted to refund the $25.00 business
license fee paid by the Dana Hills High School Boosters
Club for the operation of a fireworks stand at 31966 Camino
Capistrano during the Fourth of July period, as set forth
in the City Clerk's report dated July 7, 1976.
6. REOUF.ST FOR USE OF CITY COUNCIL CHAMBER, 7/23/76
(76) The request of the Capistrano Villas Homeowners Association
No. 1 to use the Council Chamber on Friday, July 23, 1976,
from 7:30 P.M. to 9:00 P.M. is approved, and a member of the
Public Works staff is authorized to open and close the
building on that date, as set forth in the City Clerk's
report dated July 7, 1976.
It was the consensus of the Council that in the future
requests for use of the Council Chamber by community organi-
zations be handled by the City staff,
SUBDIVISIONS AND ANNEXATIONS
1. DENIAL OF REQUEST FOR ANNEXATION OF TRACT NO. 8090
(21) Council received copies of a report dated July 7, 1976, from
the City Manager's office forwarding a letter dated June 3,.
1976, from George A. Campbell, of Bauer Development Company,
petitioning the City to commence proceedings for the annexa-
tion of Tract 8090. The Tract consists of 61 residential
units in the vicinity of Del Obispo Street and Camino del
Avion.
Councilman IIeckscher inquired if an economic analysis had
been made of costs to the City and projected revenue should
this property be annexed. The City Manager advised that a
cost analysis had not been made and that the only advantage
to the City would be the possible strengthening of the City's
position with regard to extending the City's sphere of
influence.
Mayor Nash noted that the development is currently in the
process of being constructed to County standards; and, the
City's position is to encourage annexation of uninhabited
territory. Since there are established residential areas
on both sides of the property in question, Mayor Nash
suggested that if the residents of the entire area wish to
annex to the City at a later date, the matter be considered
at that time.
It was moved by Mayor Nash, seconded by Councilman IIeckscher
and unanimously carried to deny the commencement of action
to annex Tract 8090 to the City.
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ADMINISTRATIVE ITEMS:
DIRECTOR OF PUBLIC WORKS
1. 1980 FEDERAL AID URBAN FUNCTIONAL USAGE STUDY
231
(44) Council received copies of a report dated June 16, 1976,
from the Director of Public {Yorks advising that CALTRANS has
requested the cities and counties in California to determine
which roads should be added or deleted from the FAU system
and to revise the urbanized area boundaries accordingly.
The County of Orange wishes to include the southeast portion
of the County in the total County "urbanized area" for
federal grant purposes. A map was provided indicating the
proposed urban boundary, which includes San Juan Capistrano,
San Clemente, and adjacent unincorporated territory. Rural
pockets cannot be included in such areas.
Council discussed the advisability of the City being included
in an "urbanized area" when the possibility of receiving
funds is minimal; future requests to other agencies for
agricultural preservation funds could be jeopardized if an
"urbanized area" definition of the City were approved.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell to adopt the 1980 functional system and urbanized
boundary as presented. The motion failed by the following
vote:
AYES: Councilmen Sweeney and McDowell
NOES: Councilmen Friess, Heckscher and Mayor Nash
ABSENT: None
2. WAIVER OF UTILITY UNDERGROUNDING REQUIREMENTS
LOT 7, TRACT 2706 (ROSARIO)
(90) Council received copies of a report dated July 7, 1976, from
the Director of Public Works providing further information
on Mr. Rosario's request, as directed by Council at the
meeting of June 16th.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to grant a waiver for the
requirement to underground utilities on Lot 7, Tract 2706,
until such time as undergrounding is required by the formation
of a utility undergrounding district.
3. WAIVER OF UTILITY UNDERGROUNDING REQUIREMENTS
31527 AGUACATE ROAD (BENCH)
(90) Council received copies of a report dated July 7, 1976, from
the Director of Public Works forwarding a letter dated
June 22, 1976, from Gary Bench requesting a waiver of the
utility undergrounding requirements.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unaimously carried to require Mr. Bench to
provide for both overhead and underground utility service to
his residence at 31527 Aguacate Road and allow overhead
hookup at the present time; Mr. Bench is required to enter
into an agreement relating to the postponement of the
requirement to install public improvements; and, the Mayor
is authorized to execute the agreement on behalf of the City.
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232 PLANNINGCOMMISSION
1. GENERAL PLAN ^.'.:.,-'r 7,iliNT 76-1 (A)
(MISSION H,r'iiANCH PHASE II
(46) Cr-uncii received copies of a report dated July 7, 1976, from
the Director of Planning forwarding the recommendation of
the Planning Commission, as contained in Resolution No. PC
76-5-25-2, that General Plan Amendment 76-1 (A), requested
by Mission ]Tills Ranch, Inc., be denied.
Council also received copies of a revised paper entitled
"Suggestion for Resolution of Conflicting Interests Involved
in the Proposed Development of Approximately 157 Acres of
Land Owned by Mission Hills Ranch, Inc." for approval by the
Mission Hills Ranch Homeowners Association and Mission Hills
Ranch, Inc. The proposal addresses the items of density,
ridgeline construction, and access.
Written communications in support of the proposal were
received from Cecilia M. Herman, Air. G. T. Gaffney and
Roland Olsen.
The Director of Planning advised that the applicant has
stated that their original petition for approval of a
density of 274 units stands, but that if Council approves
the alternate proposal for a maximum of 221 units, that
decision would be acceptable to the applicant. The Planning
Commission has recommended that the most appropriate use for
the property is that set forth in the General Plan, i.e.,
180 units; that the General Plan not be amended; that the
petition of Mission Hills Ranch, Inc., be denied; and,that
no further consideration be given to the alternate proposal.
Councilman Sweeney stated his concerns with the cost of the
Route 1 alternate access and with the possibility that the
longer route through other properties may be growth inducing.
Mr. Sweeney stated his willingness to include access to the
property in the General Plan Amendment and to consider the
applicant's alternate proposal for development of the property.
Councilman McDowell stated he is supportive of the applicant's
request.
Mayor Nash stated that the Council should uphold the pro-
visions of the General Plan, that the original General Plan
designation was for a density of 1 unit per acre for a total
of 157 units, and that previous compromise had resulted in an
approved density of 180 units for the property. The request
before the Council is for an amendment to the General Plan,
not approval of a specific project.
Councilman Friess noted that any agreements reached with the
current owner of the property may not be binding on future
owners, and Mayor Nash advised that the applicant has
stated his intent to sell the property prior to development.
Councilman Heckscher stated that the petition before the
Council is for a change in land use designation which would
allow a maximum of 274 units on the property. Air. Ileckscher
questioned the propriety of making a decision on an informal
proposal which requests a density of 221 units.
It was moved by Councilman Heckscher and seconded by Council-
man Friess to deny the applicant's petition for General Plan
Amendment 76-1A by the following Resolution; the Resolution
as proposed by staff is to be amended by deletion of the
references to land use designation on the Composite Land Use
Map:
-14- 7/7/76
RESOLUTION NO. 76-_7_-7-7. GENERAL PLAN AMENDMENT 76-1233
ITEM A, 11I5SION I'.ILLS RANCH. INC.
A RESOLUTION OF 19111 CITY COUNCIL OF TILE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DENYING PETITION FOR GENERAL
PLAN AMENDMENT 76•-lA (MISSION HILLS RANCH, INC.)
The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, and Mayor Nash
NOES: Councilman Sweeney and McDowell
ABSENT: None
RIDGELINE PROTECTION MEASURES
(68) Councilman Heckscher stated that the issue of ridgeline protec-
tion should be treated as a separate item since it is not
necessarily related to the request of Mission Hills Ranch,
Inc, for a General Plan Amendment.
Councilman Friess suggested that the issue of ridgeline
protection should be included in the Land Use Management
Code rather than the General Plan.
It was moved by Councilman Friess and seconded by Mayor Nash
to direct staff to prepare an amendment to the Land Use
Management Code to include specific provisions for ridgeline
protection. The motion and second were subsequently withdrawn..
Mayor Nash directed that staff prepare a brief summary of the
ridgeline protection issue for placement on a future City
Council Agenda.
TRAFFIC AND TRANSPORTATION COMMISSION
1. CHANNELIZATION PLAN - SAN JUAN CREEK ROAD
(83) Council received copies of a report dated July 7, 1976, from
the Director of Public Works regarding the design plans for
improvements to San Juan Creek Road in the vicinity of the
proposed elementary school as directed by Council on June 9,
1976. Council had requested that a plan be developed which
would preserve two oak trees in the street right-of-way
while maintaining San Juan Creek Road as a primary street.
George Alvarez, Traffic Engineer, made an oral presentation
to Council with design plans indicating improvements to both
primary and secondary highway standards. The design to
primary standards results in poor roadway alignment and
creates a drainage problem. The design to secondary standards
results in the elimination of parking and a bike lane on the
south side of the road.
Councilman Friess noted that there should be a method for
resolving those problems and suggested the installation of
a bikeway on the north side of the road leading up to the
school. The Director of Public Works suggested that the
Traffic and Transportation Commission reconsider the matter.
It was moved by Mayor Nash, seconded by Councilman Sweeney
and unanimously carried to require that San Juan Creek Road
be initially constructed to secondary highway standards and
that the right -of• -way be preserved for primary standards so
that additional widening may be implemented in the future if
traffic demands additional widening.
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2 3 4c0UNCIL REMARKS
1. CONIMENDATT�d4 oAN JUAN BEAUTIFUL TREE PLANTING PROJECT
(36) hq^.yo- -ash directed that a Resolution be prepared for the
eting of July 21, 1976, commending San Juan Beautiful
on the completion of their bicentennial tree planting project.
The 200th tree was planted during a ceremony on the Fourth of
July. The Mayor commended the City staff for their efforts
in conjunction with the project.
2. PROPOSED PARKLAND USE BY 4-11 CLUB
(62) Councilman Friess suggested that consideration should be
given to allowing the 4-H Club to utilize existing parklands
on an interim basis for animal projects and noted that the
use of an acre of Cook Park might be appropriate.
RECESS AND RECONVENE
Council recessed to Executive Session at 11:32 P.M. for considera-
tion of a personnel matter and reconvened at 11:55 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:57 P.M. to the next regular meeting date of
Wednesday, July 21, 1976, at 7:00 P.M. in the City Council Chamber.
APPROVED:
�019GIAS i ••
Respectfully submitted,
MARY ArANOVER, CITY CLERK
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