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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. -1- 7/7/76 ' 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. -2- 7/7/76 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. -3- 7/7/76 (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) -4- 7/7/76 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. -5- 7/7/76 '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. -6- 7/7/76 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 -7- 7/7/76 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: -9- 7/7/76 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. -10- 7/7/76 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. -11- 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. -12- 7/7/76 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. -13- 7/7/76 232 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. -15- 7/7/76 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 -16- 7/7/76