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76-1006_CC_Minutes_Regular Meeting311 OCTOBER 6� 1976 Rl'�GULAR MEETING OF T11E CITY COUNCIL 01' THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Ret-ular MeetLn, of the City Council of the City of San Juan I I Capistrano, California, was called to order by Mayor Nash at 7:12 P.M, in the Ci�y Council Ctulmhcr, followed by the Pledge of Allel-iance to the Flal-, Invocation was given by Pastor Bob Scott, Community Christian Church. ROLL CALL PRESENT: Dou.-las B. Nash, Mayor Yvon 0. Heckschor, Mayor pro tem Councilman Kenneth E, Friess Councilman Richard D. McDowell Councilman John B. Sweeney AB�ENT: 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, James S. Okazaki, City Attorney; Thomas Baker, Recrea- tion Coordinator; Mary Ann Hanover, City Clerk. M TNTITF-0 Re��ular Meeting of September 15, 1976: It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that the Minutes of the Regular Meeting of September 15, 1976, be approved as submitted. MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that all ordinances be read by title only. BIDS, CONTRACTS, AGRE MENTS 1. RECREATION - AP-,ROVAL OF SPECIFICATIONS AND CALL FOR BIDS FOR GAMEMOBILE (62) Council received copies of a report dated October 6, 1976, from -the Recreation Coordinator forwarding specifications for one new or late model used van for use in transporting recreation personnel and light playground equipment to various neighborhood parks and for use in areas of the City where there are no parks or available school sites. Paul Hunter, President of the Lions Club, addressed the Council and advised that the Board of Directors has issued a statement of intent to acquire the vehicle for donation to tne City, but that knowledge of a specific dollar amount is desired prior to the making of a final commitment. The cost to the City would amount to approximately $500 per year for vehicle maintenance plus $4,200 for recreation personnel from November 1, 1.976, through June 30, 1977, Councilman Sweeney inquired into the status of receiving additional funds from the school district community tax, since the City is augmenting the District's recreation program, The City currently receives $4,800 per year from the community tax. The City Manager advised that no recent information is available. In response to an inquiry from Councilman Heekscher, the Recreation Coordinator advised that the program would not require the purchase of additional equipment and that it would not be necessary to make improvements to the vehicle, The van could be used by Other City departments if the recreation use proves unsuccossful, 10/6/76 312 It was moved by Coui)cilman Sweeney, seconded by Councilman Priess and unanimously carried to approve the specifications and call, for bids for the van and to inform the Lions Club of the CiLy's inLent to accept their offer to purchase the van (in full or in part) for donation to the City as a Gamemobile. Council further directed that the City express its apprecia- tion to Lhe Lions Club for their generous offer. PUBLIC HEARINGS 1. ADOPTION OF ORANGE COUNTY ANIMAL CONTROL REGULATIONS AND FEE SCHEDULE (57) Council received copies of a report dated September 15, 1976, from the City Clerk forwarding copies of a proposed Ordinance which would adopt by reference the Codified Ordinances of the County of Orange relating to animal control, welfare and license requirements. The ordinance was regularly introduced at the Council meeting of August 18, 1976. The Notice of Public Hearing to be hold on September 15 was published on August 23 and August 30, 1976; the Public Hearing is continued from the Council meeting of September 15. Forwarded also were copies of a proposed Resolution setting forth Animal Facility Rules and Fee Schedule. Notice having been given as required by law, Mayor Nash declared the Public Hearing open on the proposed adoption of the Orange County animal control regulations and inquired if anyone in the audience wished to address ".10 Council. There being no response, Mayor Nash declared the Public Hearing closed. Councilman Fi'iess questioned the propriety of the County levying fees for commercial stables, as set forth in the Resolution, since the City also collects a business license fee. The City Manager clarified that the County fee is for inspection of stable conditions and that the City license is a fee imposed on all businesses operating in the City for revenue purposes. Councilman McDowell 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 McDowell and seconded by Councilman Heckscher that the following Ordinance, being: ORDINANCE NO. 309-1 ANIMAL CONTROL - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING BY REFERENCE DIVISION I., TITLES 4 & 5 OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE RELATING TO ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS, AND RESCINDING CITY ORDINANCE NO. 173 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: None It. was moved by Councilman Heckscher and seconded by Council- man McDowell that Ilie follo�,,,jjjo, Resolution, bein,-,. RESOLUTION NO. 76-10-6-1, ANIIMAT� F,�(, , LATY RULES , , j , ffE i AT 7:: A RESOLU1iT6N ml, C 1Y CoUi CIL OF Tjjj�, CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING ANIMAL FACTLI'1`2 RULES, REGULATJ ONS, AND FE'E SCHEDULE8 -2- 10/6//7G be adopted. The motion carried by the following vote: 3 AYES: Councilmen SWOOnoy, MODOWCII, Friess, 110.ch_schor� anu Mayor Nash NOES- None ABSENT: None 2. GENERAL PIAN AMENDMENT 76-2 WEM E I.,,,NV11�OjXff1j,,NTAL J�IpACT REPORT (POUDENTIAL SHOPPING CENTER) (46) This matter was continued from the Council meeting of September 15, 1976, in order to allow Council members an opportunity to study the request. The Director of Planning suggested that the scale of the retail sales area of the proposed shopping center be reduced and that the proposed office uses be removcd to another location. Notice of continuance having boon given as required by law, Mayor Nash declared the Public Hearing open on General Plan Amendment 7G-2, Item E, a request for a change to General Commercial zoning for appronimately 14 acres of land on Camino Las Ramblas opposite Via California, Mayor Nash inquired if anyone in the audience wished to address the Council, and the following persons responded: Roberta Berns, 26921 Canyon Crest Drive, representing Town Hall Association, spoke in opposition to the shopping center due to its variance with the General Plan objectives of maintaining a village -like commun- ity, providing for neighborhood convenience centers of 4-8 acres, and maintaining a strong viable downtown business area. Mrs, Berns also suggested that a 14 -acre site would dominate the living environment of nearby residents due to noise and traffic volumes and noted that Town Hall supports the retention of the existing land use designation which would allow a neighborhood convenience center. Council received copies of the following written correspon- dence: 1. A letter dated September 27, 1976, from the Board of Directorn of the Chamber of Commerce indicating their overwhelming support of the proposal. Pursuant to Council request, the Board has considered the possible negative impacts of the project on residents and the downtown business community; the principals in the project made an audio-visual presentation to the Chamber. 2. A letter dated September 21, 1976, from Herman B. Roesti, representing The Prudential Insurance Company of America, in support of the original 14 -acre proposal and enclos- ing a preliminary site plan. There being no one else wishing to address the Council, Mayor Nash declared the Public Hearing closed. Councilman Friess stated that he had expected to receive addi- tional economic information and that the original Environ- mental Impact Report does not adequately address the financial impact of the proposal. In response to a question from Mr. Friess, the Director of Planning advised that approximately 2 acres of the site would be utilized by a proposed restau- rant and related parking area. Mayor Nash noted that the total area of the site appears to be 21.5 acres including 5.5 acres of slope. Mr. Morris Misbin, representing property owners of the area, stated that the total area is 19.6 acres gross and 14 acres net, as certified by their engineer. Mayor Nash further noted that he has -3- 10/6/76 studied the Environmental Impact Report and Supplement and is convinced there will be a significant financial impact on the downtown business area and on nearby shop- ping centers; also, additional centers have boon approved for location in the downtown area and a regional shopping center in to be constructed at the intersection of Crown Valley Parkway and the Interstate 5 freeway. Councilman Sweeney noted that the City requires tax revenues to provide for desired bike trails and equestrian trails and retention of a rural community; Mr. Sweeney also noted that there is no competition for the one large food market in the City and that he wculd not oppose the project as requested. Councilman Friess listed tae square footage contemplated for the proposed market, variety store, and drug store and noted that the project can be built within the existing designation of a maximum of 8 acres. Councilman Heckscher inquired if the impact of the project on downtown business is a valid concern of the Environ- mental Impact Report; and, the Director of Planning advised that the information was included at the request of the Environmental Review Board; the Planning Commission and Council had also indicated dissatisfaction with financial aspects of the proposal. Mr. Heckscher advised that he is not satisfied with the information on the economic impacts of the project. Mayor Nash noted that the Report is not adequate insofar as a totally objective analysis is concerned. Certification of Environmental Impact Report: it was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to determine that the Environmental Impact Report prepared for General Plan Amendment 76-2, Item E, is adequate within the confines of the General Plan, with the notation that acceptance of the EIR is not to be construed as concurrence with all data contained therein or as being favorable or unfavorable to the project. General Plan Amendment 76-2., Item E (Prudential Shopping Center): it was moved by Councilman McDowell and secon e by Councilman Sweeney to accept the recommendations of the Planning Commission on each of the Items contained in General Plan Amendment 76-2� With the concurrence of the second, the motion was amended to accept the Planning Com- mission recommendation on General Plan Amendment 76-2, Item E, and that the request for a change from.Neighborhood Convenience Center to General Commercial for approximately 14 acres of land located on Camino Las Ramblas opposite Via California be denied; and, that a change in land use designation be approved for the westerly 11 acres of the property only. Councilman Hockscher noted that Council had heard argu- ments both for and against the proposed shopping center, but that possible alternate uses for the area had not been addressed, Discussion during consideration of adoption of the General Plan had resulted in a compromise that neigh- borhood centers be limited to between 4 and 8 acres in size; further compromise would result in a discard of Council policy. Mr. Hockschor further noted that the impacts of access, traffic and visibility of the project from the freeway had not boon addressed, in addition to the adequacy of the EIR with regard to the economic impact on the down- town area. Council had stated their policy that the down- town business area should be promoted and any shopping center that would draw business away from that ar-n 4kould not be supported. -4- 10/0/76 Councilman McDowell stated that the City's existing shopping centers are inconvenient for shoppers and that 315 there is not enough variety of merchandise available to buyers, Councilman Sweeney noted that the proposed center would result in a tax reduction for residents of the Alto Capis- trano area. Councilman Friess stated he would support a shoppin.- center at the location, but that there is no need for a General Plan AiTiondiiient to increase the size of the project. The above motion on General Plan Amendment 76-2, Item. E, then failed by the following vote: AYES: Councilmen Sweeney and McDowell NOES: Councilman Friess, Heckscher and Ilayor Nash ABSENT: None A Resolution initiating the entire General Plan Amendment with the results of Council action on each of the Items will be submitted for Council adoption at the meeting of October 20, 1976. 3. REZONE 76-9 AND ENVIRONMENTAL IMPACT REPORT, TENTATIVE TRACT 8485 (MAURER-CAWARD) This matter is cc-itinued from the Council meeting of September 15, 1976. (85) Council received copies of a report dated September 15, 1976, from the Director of Planning forwarding the recommendation made by the Planning- Coiu.iission at their meeting July 27, 1976, that Rezone 76-9 and Tentative Tract Map 8485 be approved and that the Environmental Impact Report be accepted. The request is for a zone change from GM (Growth Management) to RS (Single Family) and OR (Open Space Recreation) for a subdivision of approximately 38.6 acres,into 74 single family lots. The property is located on the south side of the Ortega Highway adjacent to and east of Tract 5126. The appli- cant is Maurer Development Company, 1451 Quail Street, Suite 202, Newport Beach. Councilman Friess noted that once the subdivision is con- structed, all equestrian access will be cut off and riders will have to go along Orl ega Highway to reach the creek area, The Director of planning advised that access could be pro- vided along street "A", the commuter road; however, in con- sidering- the Patrick development recently, Council had directed that bridle trails not be located adjacent to resi- dential lots which were not zoned for horses. Councilman Heckscher su.-gosted that provisions for bridle trails adja- cent to houses without horse facilities should not present problems. Notice baviiil- been given as required by law, Mayor Nash declared the public Iloaring open on proposed Rozone 76-9 and Tentative Tract 81185 and inquired if any ono in the audience wished to address the Council. The followin- persons responded - 1. Robert Maurer, 1.451 Quail Street, Novport Beach, the applicant, advised that lie would be wi1ling- to dedicate an equestrian e."sclillent across three lolis in the proposed devolopment. Mr. Maurer also ad-irossed the. con-dition of approval requiring construction pliasin,, of the dovel.opillent and stated that 11' he wore al.10"N'ed to build I'l'o tract out, -5- 10/(3/76 at one time, improvements to the Ortega Highway would be made, completion of Calle Arroyo would alleviate traffic, park acreage would be dedicated, drainage problems in the Sun Hollow development would be resolved, sewer lines would be relocated from the flood plain area, density will be lowered, and., fur- ther, access to the property is not growth inducing. Councilman Heckscher advised that phasing may be accomplished either by project or within a project and that the construc- tion phasing condition provides for the applicant and City to enter into an agreement governing the rate and geographic distribution of construction, The City Manager advised that the City has budgeted $100,000 to be combined with $200,000 in County matching funds for improvements to the Ortega Highway and that the State agency, Caltrans, has recommended that the right-of-way be acquired during the 1977-78 fiscal year with improvements to be con- structed during 1978-79 using State funds. Mr. Mocalis also noted that the Highway may be included in the Federal Registry of historic routes. Councilman Sweeney noted that the Ortega Highway, which is a State highway, is the responsibility of the State and that if improvements to the Highway are made by the City and the developer, the State will not repay the funds. There being no one else wishing to address the Council, Mayor Nash declared the Public Hearing closed. Environmental Impact Report: It was moved by Councilman Sweeney, se�onded by Councilman Heckscher and unanimously carried to find that the Environ- mental Impact Report prepared for Rezone 76-9 and Tentative Tract 8485 is adequate, with the notation that the Report has been submitted for information only and that its accep- tance is not to be construed as concurrence with all data provided therein or as being favorable or unfavorable to the project. Rezone 76-9: It was moved by Councilman Heckscher and seconded by Council- man McDowell that the following Ordinance, being: ORDINANCE NO. 310, REZONE 76-9 (MAURER-CAIVARD) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOP'TED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF 38+ ACRES FROM "G1,111 (GROWTH MANAGEMENT) TO "OR" (OPEN SPACE RECREATION) AND 'IRS" (SINGLE FAMILY) be introduced. The motion carried by the following vote: AYES- Councilmen McDowell, Friess, Beckschor, and Mayor Nash NOES: Council -man Sweeney ABSENT: None Tentative Tract Map 848,5 - It was moved hy T_'o�_111(Tlbmn�n Hockschor and secondod by Council- man Friess that TenLniive Tract Map 8485 he approved subject to the con(litions set forth in Planninl­ Coiiiiiiission Resolu- tion No. PC 76-7-27-7, with the acIdition of Condit.ion No. 29, as follows: "Equostriall aceoss "ball be provided by the �qj.ong that portion (�f strect 'A' within 1,110 slib- divis,ion," The niot-jon carried I)y thn followAng' votle: AYES: Conn cilmen M-13)oy;c1l, Fries�,, Hock,,;eher, and Mayor N:i�;h ...6- 10/6/76 NOES - Councilman Sweeney 17 ABSENT: None Councilman Sweeney advised that his vote was in the negative since the Ortega Highway is the responsibility of the State. Councilman Friess suggested that during the final map process consideration be given to the aspect of the houses from above with the houses possibly turned so they are not in straight rows and that consideration be given to the existence of a horse stable on leased land within the project area. RECESS AND RECONVENE Council recessed at 9:20 P.M. and reconvened at 9:42 P.M. DIRECTOR OF PLANNING 1. THE WOMEN'S CLUB OF SAN JUAN CAPISTRANO DONATION OF BENCHES FOR DOWNTOWN AREA (61) Council received copies of a report dated October 6, 1976, from the Director of Planning forwarding a letter dated August 27, 1976, from Mrs. Carl Buchheim, Bicentennial Chair- man of The Women's Club of San Juan Capistrano. The Club has allocated the sum of $846 for the purchase of benches to be located in the downtown area of the City as their bicentennial project. The Director of Planning advised that the benches will be placed ir conjunction with bus stops; a map was for- warded identifying eight locations where benches are needed. Ci_ty funds in the amount of $1,500 have been allocated in the Community Aesthetics project. Mayor Nash apologized to the members of the Women's Club for the length of time taken to respond to their letter. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to accept the Women's Club joint participation with the City in acquiring and installing a total. of eight benches. Council members expressed their appreciation to the Women's Club for their community bicen- tennial project. PUBLIC HEARINGS (CONTINUED) 1. REZONE 76-10 AND ENVIROMMENTAL IMPACT AE 'TENTATIVE TRACT 9382 (AlAURER-JORDAN) LPORT, (85) This matter is continued from the Council meeting of September 15, 1976. Council received copies of a report dated September 15 from the Director of Planning forwarding the recommondation made by the Planning- Commission at their meetinl- of July 17, 1976, that Rezone 76-10 and Tentative Tract Alap 9382 be approved and that the Environmental Impact Report be accepted. The request is for a zone change from G111 (Growth Manal�,omient) to RS (Sin -le Family) and GAI(35) (Grow[h Management, one unit/ 35 acres) for a subdivision of approximately 68 acres into 64 residential lots. The Tentative Tract Alap provides for 63 residences on the lower 28 acres with one unit located on the remaining 40 acres, The conditions of approval includo con- struction phasing, and improvements to Ortega Ili-hway. The property is located north of the Ortc,a Highway west of El T Nido Mobile Home, Park. Tho applicant is Maurer Development Company, 1451 QUail Street, Suite 202, Newport Beach. Notice havin,, been ­iven as roquired by law, Mayor Nash declared the Public Hearin, opon on proposed Rc!zonc 7G-10 and Tentative Tract 938-2 ar�l inquired if anyone in the aucl.inic�c, wished to address the, Council. The followin.,,,, persons responded, -7- 10/6/76 1. Robert Maurer, 1451 Quail St ' reet, Newport Beach, the applicant, addressed the Council and responded to questions regarding grading and development rights and advised that the subdivision improvements include cor- rection of the worst curve in the Ortega Highway. Councilman Friess noted that his understanding had been that the 40 acre area would be retained in open space. The Planning Commission has recommended that the area be desig- nated GM (Growth Management) with a 35 acre minimum. Councilman Heckscber inquired if there is any means to insure that the area remain in open space in perpe 4Uity since tho area could be down -zoned at a later date. Mr. Maurer stated that he has made a commitment to invest development rights with the City and to work with the City Attorney towards a Williamson Act agreement. Councilman Heckscher suggested that approval of the tract be subject to inclusion of the following additional coudition: "Approval is based upon the satisfactory execution of an agreement for the transfer to the City of development rights and/or the entering into of a Williamson Act type of agreement by the developer in order to maintain the open space and/or agri- cultural nature of the area." Councilman Friess inquired into the possibility of removing some street lights from the Mission Park Maurer development for transfer to the newer developments in order to reduce street lighting. The Director of Public Works advised that staff will be submitting a standard street lighting plan in the near future. There being no one else wishing to address the Council, Mayor Nash declared the Public Hearing closed. Environmental impact Report: It was moved by Councilman Heckschor, seconded by Councilman Friess and unanimously carried to find that the Environmental Impact Report prepared for Rezone 76-10 and Tentative Tract 9382 is adequate with the notation that the Report has been submitted for information only and that its acceptance is not to be construed as concurrence with all data provided therein or as being favorable or unfavorable to the project. Rezone 76-10: 1_tvTa­s_­m`o%T_c�d by Councilnian Heckscher and seconded by Council- man Friess that the following Ordinance, be.i.ii.-- ORDINANCE NO. 3�1111KZO , 76-10 (MAURER- JORDAN) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AIIENDING OFFICIAL ZONING AIAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF 6S,5+ ACRES FROM "GM" (GRO)VTH MANAGEMENT) TO 'IRS" (SINGLE FAMILY) AND "GM(35)" (GROWTH MANAGEMENT, ONE UNIT/0'35 ACRES) be introduced. The motion carried by the followin,., vote, with Councilman Sweeney advising- that lie would vote in the negative on the basis that the Orte-a lli,�,-hway is the responsibility of the State: AYES- Coun-cilmon McDowell, Frioss, Hecl�schcr, and Mayor Nash NOES: Coll lie, i1ma 11 Sweeney ABSENT: None - 8- 10/6/76 P19Tentative Tract Map 9382: tj It was moved by Councilman Hockscher and seconded by Council- man Friess that Tentative Tract Map 9382 be approved subject to the conditions set forth in Planning Commission Resolution No. PC 76-7-27-9 with the addition of Condition 23 to maintain the open space and/or agricultural nature of the area, as set forth hereinabove. The motion carried by the following vote: AYES: Councilmen McDowell, Friess, Heckscher, and Mayor Nash NOES: Councilman Sweeney ABSENT: None OFFICIAL BICENTENNIAL COMMISSION FROM SPAIN - A ATATTIM �O A �XT ^� �T � AT TOO T�AT (34) Councilman Sweeney commended the management and staff of the El Adobe Restaurant and the members of the City staff for their efforts with regard to the reception held on October 4, 1976, for the Official Bicentennial Commission from Spain and the Balearic Islands. Their visit to the City was in conjunc- tion with the 200th anniversary of the Old Mission. ORAL COMMUNICATIONS 1. PROPOSED ORDINANCE ESTABLISHING TNTERIM AGRICULTURAL PRESERVATION FEES (68) The following persons addressed the Council in opposition to the adoption of an ordinance which would amend the City's existing development fee ordinances to provide for an addi- tional agricultural preservation fee (the item appears later on the Agenda): (1) Marilyn Williams, P.O. Box 297, read a letter dated October 5, 1976, and presented copies for Council, staff and press. Mrs. Williams cited weaknesses in definitions contained in the Ordinance and the proposed deposit of fees into the City's general fund, conflicts with the General Plan and with the proposed implementa- tion of a growth management plan, (2) Al Arps, 32802 Valle Road, read a statement urging further discussion of the issue of agriculture and that the matter be placed before the electorate for taxpayer participation, (3) Jim Beam, 17291 Irvine Boulevard, Tustin, Executive Direc- tor of the Building Industry Association, cited the increasing costs of homes in the area. (4) Tony Forster, 31312 Guadalupe, as an individual and representative of the Capistrano Business and Property Association, stated that the Council is interfering with private enterprise by the recent adoption of Ordinance 308 which established construction phasing for subdivi- sions and by the proposed adoption of an ordinance establishing development fees for agricultural preservation. (5) Ed Rabelais, representative Westport Home Builders, Inc. 914 East Katella Avenue, Anaheim, read a letter dated October 6, 1976, signed by E.J. Cantillon, Chairman of the Board, citing inconsistencies in staff findings and requesting that the proposea ordinance be the subject of public hearings, (6) David Recupero, 6182 Softwind Drive, Huntington Beach, representing Glendale Federal Savings, slated that the proposed ordinance would add to the high cost of housing. -9- 10/6/76 .3.) 2 0 (7) Lou Center, 32022 Pasco Hermosa, state(] that the City should produce an Environmental Impact Report oil the subj ec t - (8) Julian Willcox, General Partner, Capistrano Airport and Industrial Park, read a letter dated October 6, 1976, requesting that the fees proposed for industrial acreage be deleted from the program due to the tax burden on new industrial growth, (9) C.C. McCary, 31501 La Matanza, cited the recent increases in property tax assessments. 2. PROPOSED FIRE STATION SITES (42) Ray Miller, 31911 Calle Winona, advised that the Board of Supervisors will consider the location of a future fire sta- tion site in the City at their meeting of October 19, and requested that the Agenda item be considered by Council. With the concurrence of the Council, Mayor Nash directed that the matter be considered at an Adjourned Council meeting to be held on October 13, 1976. Councilman Friess requested receipt of a comparison report on fire station sites. 3. REQUEST FOR WAIVER OF UTILITY UNDERGROUNDING _T5�1�TT 7 =�fUNTql I nTTDVV � (93) Paul Burke, 109 North Pacific Coast Highway, Redondo Beach, requested Council concurrence that the utility undergrounding requirement be waived in conjunction with +he construction of his residence. Mr. Burke provided a model of the proposed utility pole placement for the item which appears later on the Agenda. 4. APPEAL -OF PLANNING COMMISSION DECISION RE STREET IMPROVEMENTS, DIVISION OF LAND 75-5 (ASHIK) (85) Goultekin Ashik, 225 North Victory Boulevard, Burbank, and David Muralt, 4001 Calle Juno, San Clemente, addressed the Council to request relief from the Planning Commission con- dition of approval requiring bonding for improvements to Camino Capistrano along the frontage of land subdivided by Division of Land 75-5. 5. TRAFFIC SIGNALINSTALLATION AT INTERSECTION OF DEL OBISPO STREET AND BLUE FIN DRIVE (82) Joe St. Joan, Via Mayor, inquired traffic signal to be installed at Bell tract. Mayor Nash requested on the matter on October 13. RESOLUTIONS in to the status of the the entrance to the Mission that the City Alanagger report 1, SEIVER CONNECTION AND SERVICE -CHARGES (80) Council received copi.ps of a report dated October 6, 1976, forwarding a proposed Resolution providing for a procedural amendment to Resolulion No. 76-9-1-1 to More effectively administer the increases in the sewer connection and service connection charges, It was moved by Couucilman Sweeney and seconded by Councilman McDowell that 1110 following, Resolution, beink— RrSOLUTIONT NO. 76-10-6-2., SEIVER CONNECTION' CILAI?(�ES A D_ ZES ffrION OFF F CITY N ) CIEAP(;E��= I `Sb COUNCIL 0Y THE CIIY OF SAN JUAN CAPISTRANO, CALIFOR_ N` A, REPEAIJING RI,]SOI,U'f)ON NO. 76-9-1-4 ESTAI'L I Sill NG THE' CflARGES TO BI', MADE, FOR ARY AND ALL SEWAGE DIS- 3DOSiki, C0-�ilQ,'CTl0N'; WITI! THE' PUBLIC SEIVEJ11AGE, SYSTEM, -10- 10/6/76 ESTABLISHING MAIN EXTENSION CHARGES AND SEWER 3 2 1 SERVICE CHARGES WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN JUAN CAPISTRANO AND AREAS BECOM- ING PART OF THE CITY FROM AND AFTER OCTOBER 6, 1976 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None 2. YEAR-END BUDGET TRANSFERS (24) Council received copies of a report dated October 6, 1976, from the Director of Administrative Services providing a schedule of overexpended budgets for fiscal year 1975-76. It was moved by Councilman Heckscher and seconded by Council- man Sweeney that the following Resolution, being: RESOLUTION NO. 76-10-6-3. 1975-76 YEAR-END BUDGET TRANSFERS - A RESOLUTION OF THE CITY COUNCIL 01' THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CITY BUDGET FOR THE FISCAL YEAR 1975-76 AND AUTHORIZING CERTAIN BUDGET OVEREXPENDITURES AND TRANSFERS OF FUNDS be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher nnd Mayor Nash NOES: None ABSENT: None The total General Fund deficiencies are $129,127; the total deficiencies for all other funds are $12,302, for a total overexpenditure of $141,429. 3. INITIATION OF ANNEXATION DETACHMENTS FROM TPECIAL DISTRICTS (21) Council received copies of a report dated October 6, 1976, from Loretta Murray, Administrative Assistant, forwarding proposed Resolutions to initiate detachment proceedings for areas subject to double taxation due to their inclusion in the boundaries of special taxing districts. Detachment of Airport Annexation: It was moved by Councilman McDowell and seconded by Council- man Sweeney that the following Resolution, being: RESOLUTION NO. 76-10-6-4, PROPOSED AIRPORT DETACH- MENT FROM THE CAPISTRANO BAY PARK AND RECREATION DISTRICT - A RESOLU N OF THE CITY COUNCIL OF -THE VITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF ORANGE FOR THE DETACHMENT OF CERTAIN TERRITORY FROM THE BOUNDARTES OF THE CAPISTRANO BAY PARK AND RECREATION DISTRICT be adopted, The motion carried by the following veto: AYES: Councilmen Sweeney, McDowell, Friess, Beckscher and Mayor Nash NOES: None ABSENT: None -11-- 10/6/76 e 6-) 2, qj 0<� Detachment of Doss -Watkins Annexation: It was moved by Councilman Sweeney and seconded by Council- man Heekscher that the following Resolution, being: RESOLUTION NO. 76-10-6-5, PROPOSED DOSS-WATKIN DETACHMENT FROM THE CAPISTRANO BAY PARK AND RECREATION DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF ORANGE FOR THE DETACHMENT OF CERTAIN TERRITORY FROM THE BOUNDARIES OF THE CAPISTRANO BAY PARK AND RECREATION DISTRICT be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None Detachment of Pryor -Homestead Annexation - It was moved by Councilman Heckscher and seconded by Council- man Sweeney that the following Resolution, being: RESOLUTION NO. 76-10-6-6, PROPOSED PRYOR-HOMESTEAD DETACHMENT FROM THE CAPISTRANO BEACH SANITARY DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIPORWA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMIS- SION OF THE COUNTY OF ORANGE FOR THE DETACHMENT OF CERTAIN TERRITORY FROM THE BOUNDARIES OF THE CAPIS- TRANO BEACH SANITARY DISTRICT be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher and Mayor Nash NOES: None ABSENT: None The City Clerk is directed to.forward certified copies of each of the above detachment Resolutions to the Executive Officer of the Orange County Local Agency Formation Commission. Detachment of C. Michael-lwata Annexation: Council received copies of a report dated October 6, 1976, from Loretta Murray, Administrative Assistant forwarding a proposed Resolution to initiate detachment from Orange County Street Lighting Maintenance District #1 which levies a ta.� assessment of $0.1276 per $100 of assessed value in the Mission Bell Ranch tract for the maintenance of three street lights along Del Obispo Street. It was moved by Councilman Hockscher and seconded by Council- man Sweeney that the following Resolution, being: RESOLUTION NO, 76-10-6-7, DETACHMENT FROM LIGHTING A RESOLUTION OF THE CITY COUNUIL-01"fHE' ClTr­OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING EXCLUSION OF CERTAIN TERRI- TORY FROM TUE ORANGE COUNTY STREET LIGHIING MAINTE- NANCE DISTRICT #1 be adopted. The motion carried by the following vote' AYES: Councilmen Sweeney, McDowell, Friess, WckschOr and Mayor Nash -12- 10/6/76 NOES- None ABSENT: None 323 The City Clerk is directed to forward a copy of the Resolution to the Orange County Board of Supervisors requesting exclusion from the District pursuant to Section 5853 of the Street and Highway Code. APPROVAL OF WARRANTS (41) Council noted Warrants Nos. 8188 and 8234 which represent travel. advances for City Commissicnors. It was the consensus of the Council that it would be preferable if travel expenses were reimbursed after conference attendance; City staff is to address the problem. Councilman Sweeney also noted Warrant No. 8227, payable to Francis L. Norman's Nursery for coimmunity tree planting, in the amount of $1,611.20. It was the consensus of the Council that Staff make every effort to deal with local businesses for City purchases. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried that the List of Demands dated October 6, 1976, Warrants Nos. 8145 through 8269, inclusive, in the total amount of $182,560.85 be approved as submitted. STREET CLOSURE PERMIT - ADIOS A INAS Y (87) Council received copies of a report dated October 6, 1976, from the Director of Public Works advising that the Chamber of Commerce has requested the closure of Yorba Street and a portion of El Camino Real to maintain an area for the Arts and Crafts Festival in conjunction with the annual departure of the swallows. The Festival is scheduled for October 23 and 24, 1976� It was moved by Councilman Sweeney, seconded by Councilman Ileckscher and unanimously carried to approve the request of the Chamber of Commerce to conduct the Arts and Crafts Festi- val on October 23 and 24, 1976, and to approve tne closure of Yorba Street and a portion of El Camino Real in conjunc- tion therewith. T ON FEDERAL PUBLIC WORKS ACT OF 1976 (89) In response to Council's request of Septomber 15, 1976, the Director of Public Works provided copies of a report on proposed City projects which may qualify for Federal Public Works Act grant funds. It was tne consensus of the Council that the matter be discussed at the ineetin& to be held on October 13, 1976, TRAFFIC AND TRANSPORTATION COMMISSION - APPOINTMENT (23) It was moved by Mayor Nash, seconded by Councilman Sweeney and unanaiiiously carvied that Gary L. HausdorCer be appointed to the City's Traffic and Transportation Coiamission. RECESS AND rZECONVENE Council recessed to executive se�-,slon at 11:25 P.M. and reconvoiled at 11:40 P.M, CLAIMS AGAINIST THE CITY (35) It was moved by Councilman Swc oney, seconded by Councilman llockschol. and unallimously ca)lried that the 101-10%ving claillis 10/6/76 324 be denied and referred to the City's insurance carrier, Dan Gorman Insurance - (1) Claim for personal injuries filed by Oliver Yu; (2) Claim for personal injuries filed by Brooks B. Allen; (3) Claim for Taking and Damaging of Property for Public Use Without Payment of Just Compensation filed by Glendale Federal Savings and Loan Association. ADJOURNMENT Mayor Nash adjourned the meeting at 11:45 P.M. to the next meeting date of Wednesday, October 13, 1976, at 7:00 P.M. in the Council Chamber of City Hall for the purpose of considering the remainder of the items on the October 6, 1976, City Council Agenda. Approved: I 77;FK�--� 15ouglas B. N6tfh Mayor Respectfully submitted, Mary AniY/11anover City CWrk --ld ... 10/6/'16