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76-1103_CC_Minutes_Regular Meeting1Lq NOVEMBER 3, 1976 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY 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 7:05 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag, Invocation was given by Councilman Kenneth E. Friess. ROLL CALL PRESENT: Douglas B. Nash, Mayor Yvon 0. Heckscher, MayGr pro tem Councilman Kenneth E. Friess Councilman Richard D. McDowell Councilman John B. Sweeney ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Administrative Services; William D. Murphy, Director of Public Works/City Engineer; Thomas G, Merrell, Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MTNTT_1T11.1q Adjourned Regular Meeting of October 13, 1976: Mayor Nash n&�tcdthe ii—mendment made to the first paragraph of Page 9 of the origina- Minutes by tile City Clerk, It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried that the Minutes of the Adjourned Regular Meeting of October 13, 1976, be approved as submitted, Regular Meeting of October 20, 1976: It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried that the Minutes of the Regular Meeting of October 20, 1976, be approved as submitted, noting that in the first paragraph of Page 2 the word "invest" should read "vest". MOTION TO READ BY TITLE ONLY It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that all ordinances be read by title only. PRESENTATION (89) HOUSING AND COMMUNITY DEVELOPMENT PROGRAM Frank McGill of the Housing Division of the Orange County Environmental Mana,�oj,.ient Agency addressed the Council and advised that a report has been sent to each City in Orange County setting forth the provisions for the third year fund- ing of the Housin.- and Community Development Act Pro.-rairl, The Federal program was developed for the purpose of provid- ing viable urban nei-1 borhoods, including housing and onviron- ment, particularly to those in the low income brackets. The City's share of third year funding will. be approximately $35,000. My, McGill advised that cities are beinl­ urged to sot more realistic .-oals and to increase citizon involvement in the formulation of proposals. Proposils and cooperative agreements are to be submitted to the County by the end of November. The City Manager advised that the thirO year fund- in,- would be allocated to the Los Rios Area precise plan. Mayor Nash thanked Mr. McGill for his presentation. -1- 11/3/76 E123,.CONTRACTS, AGREEMENTS LEASE OF TREATMENT PLANT CAPACITY (S_A­NTAN1Aff`GARITA WATER DISTRICT) (79) Council received copies of a report dated November 3, 1976, from the Director of Public Works forwarding an amended Agreement between Santa Margarita Water District and the City for Interim Treatment and Disposal of Wastewater, as directed by Council on October 20, 1976. Council discussed the City Attorney's memorandum dated Getober 30. Councilman Heckscher stated that he did not believe the inclusion of a liquidated damages clause would be desirable. Councilman McDowell noted that consideration should be given to the formulation of an environmental impact report approving the lease, Councilman Sweeney reiter- ated his position that it is inappropriate to lease plant capacity to another agency when the City is in the midst of establishing growth management provisions and noted the letter dated November 3, 1976, from Glendale Federal Savings expressing similar sentiments. Mr. Sweeney concurred that consideration should be given to an environmental impact report; the Director of Public Works advised that the EIR addresses the SMWD facility and has been fully prepared and accepted by the District. Councilman Friess inquired if the City could monitor Santa Margarita's construction progress; the Director of Public Works advised that the City is in constant contact with Santa Margarita. Mayor Nash noted that Glendale Federal's concerns are legitimate concerns and that the Agreement hac: been structured with consideration of those factors. Councilman McDowell suggested that Council consider cutting back the recently increased sewer fees if the Agree- ment is approved due to the amount of revenue the City will receive. Council then discussed the Summary of Quarterly Rates of Return for Wastewater Treatment Capacity provided by Mr. O'Sullivan. Councilman Sweeney urged further investigation of the implications of the lease for landowners in the City, including a modified EIR on the leasing arrangement, and noted that he could support the lease if convinced that assurances were built in. It was moved by Councilman Heckscher and seconded by Council- man Friess to adopt the lease Agreement whereby the City will lease 0.8 MGD capacity to the Santa Mar.-arita Water District, that tne Mayor be authorized to sign the Agreei��ient attached to the memorandum dated November 3, 1976, and that the figure of $15,792.00 be inserted in the blank on Page 5, Paragraph 7 of the A.-reement. The motion carried by the following vote: AYES: Councilmen Friess, Ileckscher, and Mayor Nash NOES: Councilmen Sweeney and McDowell ABSENT: None The figure of $15,792.00 represents the annual amount the SMWD will pay the City for each 0.1 AIGD of wastewater treatment capacity utilized, said funds to be payable on a quarterly basis, 2. EL CAMINO REAL PARK - AGREEMENT FOR EXTENSION OF TIME FOR FUN-DING-TC-01FNITY Or ORANGE) (62, Council received copies of a report dated November 3, 1976, fron, David Smith, Administrative Services Officer, forwarding an Agreement entitled, "Second Amendment to Joint Powers Agreement, Fl Camino Rcal Park (formerly hnown as Long Park)" -2- 11/03/76 3 f 353 providing for an extension of the Agreement dated May 27, 1975, to June 30, 1977,.for the disbursement of revenue sharing funds. it was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to approve the Agreement extending the time for funding of El Camino Real Park to June 30, 1977, to authorize the Mayor to execute the Agree- ment on behalf of the City and the City Clerk to attest thereto. In response to an inquiry from Councilman Friess, the Direc- tor of Public Works advised that payments to the contractor are being withheld pending the outcome of claims., DEL OBISPO STREET/AGUACATE (83) Council received copies of a report dated November 3, 1976, from the Director of Public Works requesting that an agree- ment be entered into with RGB Engineering, Inc., of Irvine, for the provision of design services for the subject curve improvement. RGB is preparing improverient plans for Tract 9299 which is located at the northwest corner of the inter- section, and the developer's engineer is being requested to provide design services for the entire intersection in order to avoid duplication of design work. Alternative design plans were on display for Council review. Councilman Friess noted that the curve will have an impact on future improvements to Alipaz Street and access for Agua- cate Road. Mr. Friess favors the installation of a "T" inter- section. It was the consensus of the Council that consideration be given in the design stage to possible future installation of traffic signals at the intersection. It was moved by Councilman McDowell and seconded by Council- man Sweeney that the following Resolution, being- UTION NO. 76 -11 -3 - OB 01nr,�i/AUU111_,A1z IXUAJ� - H nr"�UJLj TION OF T14E­C1'1_'YCOU'N­CIL_0F _T11E CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE COMPLETION OF PLANS AND SPECIFICATIONS FOR THE DEL OBISPO STREEVAGUACATE ROAD INTERSECTION be adopted. The motion carried by the following vote: AYES - Councilmen Sweeney, McDowell, Friess and Mayor Nash NOES: Councilman Ifeckscher ABSENT: None The Resolution grant s final concept approval to the subject intersection and authorizes the expLnditurc of :19"d6-77 Capi- tal Project Funds in an amount not to exceed $7,000.00, pur- sua,14- to bud-ot Resolu�.ion No. 7G -G-30-1. The funds ar�:. relm- bursable undor future funding- pro,,,rams. The Director of Public Works noted that an addition should be made to the proposed Agreement, is rollows- Page 2, Paragraph B, add the words, "as per thc conditions of approval or Tonta- tive Tract 929911 between 11 . . . required of' said devoloper" and "and costs of.' Improvement,; . . . 11 354 RGB Engineering for design of the Del Obispo Street/Aguacate Road Intersection, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. The motion carried by the following vote. AYES: Councilmen Sweeney, McDowell, Friess, and Mayor Nash NOES: Councilman Ifeckscher ABSENT: None 4. S;�RRA - ADDENDUM TO JOINT POWERS AGREEMENT TO ALLOW RE-ENTRY OF CITY OF SAN CLEMENTE (79) Council received copies of a report dated November 3, 1976, from James Thorpe, the City's representative to SERRA for- warding a revised Joint Exercise of Powers A.-reepient to provide for the re-entry of San Clemente into the membership of SERRA. San Clemente must become a member of Project Com- mittee No. 5, the Ocean Outfall, in order to remove the cease and desist order placed by the State Water Resources Control Board. Separate agreements on legal and financial conditions will be required prior to the re-entry. Mayor Nash questioned the requirement in Paragraph 2 of the Agreement stating that San Clemente shall not at this time become a member of Project Committee No. 5 but shall partici- pate in all costs thereof. it was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to approve the Addendum to the "Joint Exercise of Powers Agreement Creating the South East Regional Reclamation Authority" in concept and to author- ize the Mayor to execute the Agreement on behalf of the City. 5. TRAFFIC SIGNAL INSTALLATION, DEL OBI (82) Council received copies of a report dated November 3, 1976, frora the Director of Public Works forwarding proposed agree- ments to be signed by the City prior to County approval of plans and specifications for the County -City installation of a traffic signal at the intersection of Del Obispo Street and Blue Fin Drive, Si.-nalization costs include $35,000 for instal- lation and $20 per month for maintenance, said costs to be shared equally by the City and County. Agn2ement for Fundi_rlj�: 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 funding of the installation of a traffic signal at the intersection of Del Obispo Street and Blue Fin Drive, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. Agreement for Maintenance: as moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to approve the Agreement I? between the City and the. County or Orange lor maintenance of the traffic signal to be installed at the intersection of Del Obispo Street and Blue. Pin Drive, to authorize the Alayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. 6. SEWER RODDER - AWARD OF BID (74) Council. received copie,-; of a report dated Novembor 31 1976, froin the Administralive Services Officer forwarding the -4- 11/3/76 results of bids received on September,2, 1976, for one `�ydraulic sewer rodder machine. 355 it was moved by Councilman McDowell and seconded by Council- man Sweeney to award the bid of the hydraulic sewer rodder machine to the low qualifying bidder, Flexible Municipal Sales, in the amount of $6,646.20, to declare the City's current hydraulic sewer rodder machine surplus, and to authorize staff to negotiate sale of the surplus equipment. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, and Mayor Nash NOES: Councilmen Friess and Heckscher ABSENT: None ORAL COMMUNICATIONS 1. PROPOSED GENERAL PLAN AMENDMENT. AGRICULTURAL PRESERVATION (46) Randy Williams, 29931 Camino Capistrano, addressed the Council and read his letter dated November 1, 1976, request- ing that action be taken to remove agricultural preservation from General Plan Amendment 76-3 due to an improperly noticed public hearing at the Planning Commission level on October 26, 1976. The City Manager advised that staff has not been able to accomplish both growth management and agricultural preserva- tion procedures within the time allotted; nd at their October 26 meeting the Planning Commission I recommended that General Plan Amendment 7G-3 be continued indefinitely. Staff recommends tha� agricultural preservation be continued for inclusion in General Plan Amendment 77-1 and that no action be taken at this time on the proposed ordinance establishing agricultural preservation fees. Mayor Nash assured Air. Williams that the City Council has been scrupulous in following proper and legal procedures and fully intends to continue doing so. The Director of Planning advised that the October 26 Planning Commission Plublic Hearing was planned to be continued, and property owners received a notice of that continuance, The intent was to fully comply with the notification process. The Deputy City Attorney had advised that as long as the Public Hearing was continued and no testimony taken, there was no injury and thus no damage. Councilman Friess noted that there was inconvenience to those concerned and apologized to the affected parties for any inconvenience. It was moved by Councilman Friess, seconded by Councilman Sweeney and unanimously carried that, recognizing the prob- lems of completion and compliance with proper public hearings, the City Council terminate consideration of agricultural preservation under General Plan Amendment 76-03 and request that Staff return the matter for Council consideration under General Plan Amendment 77-1. 2. PROPOSED ORDINANCE ESTABLISHING FrES-FOR WGRICULTURAL PRESERVATION (68) The following persons addreSSed the Council with regard to the above-entilled matter: (1) Dale Eirstine, 30936 Pasco Mar A-ul, read his letter dated November 3, 1976, in opposition to paying for farmlands ano urging- that revenue,; from the lease of -.ewer plant capacity be applied to the City's sewer system; -5- 11/3/76 (2) Gary Hausdorfor, 26851 Calle Canto, spoke in favor of the Ordinance; (3) Geprge Masbmeir, representing Mariners Savings & Loan and owners of commercial property in the City, spoke in opposition to the Ordinance; (4) Charles Vermoulen, property owner on Del Obispo Street, spoke in opposition; (5) Bruce Church, 26851 Canyon Crest, President, San Juan Alliance of Homeowners, spoke in favor; (6) Lou Canter, Paseo do Hermosa, spoke in opposition to the Ordinance and also urged reconsideration of leasing treatment plant capacity; (7) Duke Folkers, 2722-C Calle Caballero, voiced his confi- dence in the Council; (8) Michael Berns, 26921 Canyon Crest, spoke in favor of the Ordinance; (9) Bill Bathgate, 29643 Camino Capistrano, noted that the General Plan provides that costs of open space and agriculture will be paid for by all taxpayers in the City; (10) Tony Forster, Guadalupe, cited the Opinion of the City Attorney regarding Proposition A included with the March 2, 1976, ballot materials and stated the Council appears to be in di-ect contravention of the Opinion. 3. LEASE OF TREATMENT PLANT CAPACITY (79) (1) David Recupero, representing Glendale Federal Savings and Loan Association, read his letter dated November 3, 1976, protesting the lease of sewerage treatment plant capacity; (2) Gus Gilfillen, representing Mission Hills Ranch, Inc., 4300 Campus Drive, Newport Beach, urged reconsideration of Council action approving the lease of treatment plant capacity. 4. CAPISTRANO COMMUNITY AFFAIRS COUNCIL (61) Marilyn Williams, Secretary of the Capistrano Community Affairs Council, read her letter dated November 3, 1976, setting forth questions on public issues, i.e., use of funds from the lease of treatment plant capacity, sewer fees, tax refunds, fire station, consultant projects. 5. HOUSING AND COMMUNITY DEVELOPMENT ACT PROGRAM (89) Leona Fitzpatrick, President of the Chamber of Commerce, questioned the feasibility of the City subsidizing housing which is only for Federally -employed persons. Mayor Nash requested that the City Manager investigate whether the HCDA Program is solely for the Federally employed and pro- vide Council with a report. ORDINANCES 1. PROPOSED ORDINANCE RE AGRICULTURAL PRESERVATION (68) Council received copies of two reports dated November 3, 1976, from the Director of Administrative Servicos/Assistant City Manager regavding interim agricultural preservation fees and the establishment of a fund for rotcntion of the foes. Cop3es of a proposed Ordinance reflecting changes requested by Council on October 13 were also included. -6- 11/3/76 357 Council also received copies of the"following correspondence: (1) Telegram dated November 2, 1976, in opposition to the Ordinance, from F.E., R.E., and A.B. Birtcher, and Birtcher Pacific; (2) Letter dated October 26, 1976, from Paul T. Salata, 4321 Birch Street, Newport Beach, in opposition to the Ordinance; (3) Letter dated October 31, 1976, from Douglas F. MacGregor, 26535 Pasco Santa Clara, in support of agricultural preservation; (4) Letter dated November 3, 1976, from Helen T. Davis, 26384 Oso Road, in support of agricultural preservation. It was moved by Councilman Friess and seconded by Councilman Sweeney that the Ordinance establishing agricultural preserva- tion fees be tabled. The motion was subsequently withdrawn. It was moved by Councilman Sweeney and seconded by Council- man McDowell to determine that the Ordinance is not needed at this time. The motion failed by the following vote: AYES: Councilmen Sweeney and McDowell NOES: Councilmen Friess, Heckscher, and Mayor Nash ABSENT: None It was moved by Councilman Friess and seconded by Councilman Heckscher to continue this particular issue to a time to be announced and upon receipt of input frGm staff, with the matter to be placed on a Council Agenda thereafter. With the concurrence of the second, Councilman Friess then withdrew the motion. With the concurrence of the Council, Mayor Nash then continued the matter to a later date. RECESS AND RECONVENE Council recessed at 9:18 P.M. and reconvened at 9:39 P.M. RESOLUTIONS 1. PROPOSED RESOLUTION ESTABLISHING ICULTURAL PRESERVATION FUND (68) Council received copies of a proposed Resolution which would establish an Agricultural Preservation Fund to receive monies designated by tne City Council for agricultural preservation. Councilman Sweeney noted his opposition to the proposed fund without considering further input from staff and opposed fur- ther discussion without first establishing the source of funds. Councilman Friess noted lie would support an Agricultural Preservation Fund without considering sources of the revenues. Mayor Nash concurred and coimnented that the initiation of an administrative framework would be provided. It was moved by Mayor Nash and -seconded by Councilman Friess that the following Resolution, being: RESOLUTION NO. 76-11-3-2, AGRICULTURAL PRESERVATION GT -11 OF — N—JUA-_ 1— FUND - A RESOLUTION ' 11E_CFFFY � S�A, NT CA )I S TRANO, CALIFORNIA, ESTABLISHING AN AGRICULTURAL PRESE)INTATION FUND be adopted. The motion carried by the following vote: AYES NOES: Councilmen rri(ss, Ilocksebor and Mayor Nash Councilmen Sweeney and McDowell -7- 11/3/76 ABSENT: None Mayor Nash then pledged the sum of $500 of his personal funds, to be deducted from his councilmanic salary for the next year, to start the fund established by the above Reso- lution, Mayor Nash urged anyone within or outside of the City to consider making contributions to this fund; the City is well known throughout Orange County and the State for attempting the unusual while recognizing we have resources we wish to preserve, the prevailing feeling being that we shouldn't squander those resources; organizations are urged to contribute to the fund. Councilman Sweeney urgeC that a plan be forthcoming on how the fund will approach the problem of the costs of agricul- tural lands. Councilman Heckscher noted the many meetings already held on the subject and stated that the establishment of the fund is a demonstration of commitment to agricultural pres- ervation. Councilman McDowell noted that if there is a water shortage, agriculture would be the first use cut off. ORDINANCES 1. REZONE 76-12 TENTATIVE TRACT 9373 (PA (95) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. The Ordinance vas regularly intro- duced at the meeting of October 20, 1976, and is ready for adoption. It was moved by Councilman McDowell, and seconded by Council- man Heckscher that the following Ordinance, being: ORDINANCE NO, 313, REZONE 76-12 (TRACT 9373) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293, AS AMENDED'BY ORDINANCE NO. 312, BY CHANGING THE ZONING OF LOTS 17 THROUGH 22 OF TRACT 9373 FROM RS (SINGLE FAMILY) TO ES (SMALL ESTATE) be adopted. The motion carried by the following veto: AYES: Councilmen Friess, Heckscher, McDowell, Sweeney, and Mayor Nash NOES: None ABSENT: None RESOLUTIONS :I. REQUESTS FOR WAIVERS OF DEVELOPMENT PHASING ORDINANCE NO. 308, TRACTS 8087 AND 7616 (85) Council received copies of a report dated November 3, 1-976, from the Director of Planning forwarding two resolutions setting forth Council action-, of October 20, 1976, with regard to requests, for waivers of the provisions of Ordinance No. 308, development phasing for approved subdivisions. Tract 80,137 Council directed Lhat Lhe following amendments be made to the proposed Resolution of approval: -8- 11/33/7G I . 359 The first sentence of Paragraph No. I is to - - read as follows: "There is a continuing problem to traffic and pedestrian safety, resulting from construction traffic on Via do Agua extend- ing through existing residential neighborhoods to the project site.'' 2. A Paragraph No. 3 is to be added to the Resolu- tion, as follows: "Ordinance No. 308 is a tempor- ary urgency ordinance which will expire in January, 1977, At that time, these growth management require- ments will be thoroughly reviewed within the con- text of the City's entire growth management program. Modifications may be made., if deemed necessary, at that time.'' It was moved by Councilman McDowell, and seconded by Council- man Sweeney that the following Resolution, being: RESOLUTION NO, 76-11-3-3, WAIVER OF DEVELOPMENT PHASING (CRAIG/MEREDITH) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR RELIEF FROM THE PROVISIONS OF ORDINANCE NO. 308 FOR TENTATIVE TRACT 8087 be adopted. The motion carried by the following vote: AYES- Councilmen Friess, Heckscher, McDowell, Sweeney, and Mayor Nash NOES: None ABSENT: None Tract 7616 (Westport): It was moved by Councilman Heckscher and seconded by Council- man Friess that the following Resolution, being: RESOLUTION NO. 76-11-3-4, DENIAL OF WAIVER OF DEVELOPMENT PHASING (WESTPORT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING A REQUEST FOR RELIEF FROM THE PROVISIONS OF ORDINANCE NO. 308 FOR TENTATIVE TRACT 7616 be adopted. The motion carried by the following vote: AYES: Councilmen Friess, Heckscher, McDowell, Sweeney, and Mayor Nash NOES: None ABSENT: None 2. PARKING RESTRICTIONS - RANCHO VIEJO ROAD (64) Council received copies of a report dated November 3, 1976, from George Alvarez, Traffic Engineer, forwarding the recom- mendation of the Traffic and Transportation Commission that the public rights-of-way east of Rancho Viejo Road and adjacent to Village San Juan be designated as "No Parking'' areas. Numerous complaints of nuisances have been received due to vehicles parking in the area for sales purposes. Councilman Heckscher noted that sinco this is City property, a beautification program should be considered for the area, due to its unkempt appearance. Mayor Nash advised that the City Manager is in coniact with the homeowners association in this regard; since the project is sold out, the Diyoctor -9- 11/3/76 3 6 0 of Planning is requesting the developer to remove the advertising flags at the site. It was moved by Councilman Sweeney and seconded by Council- man Friess that the following Resolution, being: ON NO. 76-11-3-5, PARKING REGULATIONS - WVWWjW AK01 UT AnAo"v vivou AVA" - A RESOLUTIO OF TEE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING" AREAS ON THE EAST SIDE OF RANCHO VIEJO ROAD BETWEEN VILLAGE ROAD AND 320' NORTHERLY AND THAT PORTION OF DEDICATED RIGHT-OF-WAY BETWEEN VILLAGE ROAD AND ROSENBAUM ROAD be adopted. The motion carried by the following vote: AYES: Councilmen Friess, Heckscher, McDowell, Sweeney, and Mayor Nash NOES: None ABSENT: None CONSENT CALENDAR It was moved by Councilman Heckscher and seconded by Councilman Sweeney that the staff recommendations be accepted with regard to all items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Hockscher, McDowell, Sweeney, and Mayor Nash NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated November 3, 1976, Warrants Nos. 8393 through 8488, inclusive, and 1911 Act Account Warrant No. 0187, in the total amount of $169,254.44 is approved as submitted. 2. REPORT OF PLANNING COMMISSION MEETING OF OCTOBER_261 QL76 (67) The Report of actions taken by the Planning Commission at its regular meeting of October 26, 1976, is ordered received and filed. SUBDIVISIONS AND ANNEXATIONS 1. -DIVISION OF LAND 76-11 (McMECHAN (85) Council received copies of a report dated November 3, 1976, from the Director of Planning forwarding the recommendation made by the Planning Commission at their meeting of October 12, 1976, that the Tentative Parcel Map for Division of Land 76-11 be approved. The proposal is for a division of approxi- mately 13.3 acres into four parcels located on Assessor's Parcel No. 649-091-01. The applicant is Richard L. McMccban, 31878 Camino Capistrano, Suite 270, San Juan Capistrano. Mr. McMechau addressed the Council. Council discussed the possibility of requiring the formation of an assessment district for the purpose of inslalliug� street improvemouLs. Mayor Nash expressed concern that the Land Use Management Code allows the division of land process to circumvent the City's subdivision requirements. It was moved by Councilman Friess, seconded by Councilman Sweeney and unanimously carried to approve Division of Land _10- 11/3/76 .361 76-11 subject to the findings and conditions specified in the Planning Commission Resolution of approval No. PC76-10-12-2 with the addition of the following sentence to Condition 6 thereof: "All property owners shall be required to enter into an agreement for the construction of the future public improvements." 2. DIVISION OF LAND 76-12 (LOAR/STINSON) (85) Council received copies of a report dated November 3, 1976, from the Director of Planning forwarding the recommendation made by the Planning Commission at their meeting of October 12, 1976, that the Tentative Parcel Map for Division of land 76-12 be approved. The proposal is for a division of approxi- mately 1.5 acres into three residential lots located on the private road extension of Valle Road, The applicants are Stephen Lear and Dean Stinson, 2775 Mesa Verde East, Costa Mesa. Council discussed the question of access to the property and the requirements for construction of the private road, as set forth in Condition 6 of the Planning Commission Resolu- tion of approval. Councilman Heckscher suggested that road improvements be required prior to the issuance of the first occupancy permit, Councilman Friess requested that staff address the issue of a public road vs. a private road, since the Land Use Management Code provides that no more than 12 homes shall be served by a private road. Mr. Lear addressed the Council and advised that he and Mr, Stinson have agreed to p. -Y their share of the road improve- ments. The Director of Planning advised that Coastal Develop- ers, the applicants for Division of Land 76-3, have also agreed to pay their share of improvements. It was moved by Councilman McDowell and seconded by Council- man Heckscher to approve Division of Land 76-12 subject to the findings and conditions specified in the Planning Commis- sion Resolution of approval No. PC 76-10-12-6. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, and Heckscher NOES: Councilman Friess and Mayor Nash ABSENT: None CULTURAL HERITAGE COMMISSION 1. MONTANEZ ADOBE - CONSULTANT'S REPORT (23) Council received copies of a report dated November 3, 1976, from the Director of Administrative Services/Assistant City Manager forwarding the recommendation of the Cultural Heritage Commission that frame additions made to the Montanez Adobe in the 10-30's and 1940's be removed. Forwarded also were copies of reports submitted by Jim Goodell of the Arroyo Group, John Volz of the National Trust for Historic Preserva- tion, and a minority report filed by Commissioners Boucher and Forster, The County of Orange has budgeted $40,000 for the rostoration of the Adobe. The following persons addressed the Council: 1. Ann(, Schauivocker, President of tne San Juan Capistrano Historical Society, advised that the Society would con- cur with the recommendations of the County regarding removal of the additions ano i,.olod that the Adobe is the only outlying buildli,g from the Mission that can be re -built io its origilial state as lived 'In by the Indians. _11- 11/3/76 2. Janet Boucher, Cultural Heritage Commissioner, rocom- mended that each of the points of view on restoration be forwarded to the County. 3. Loreen Dawson, Chairman of the Walking Tours, advised that the Tour Guides began polling opinions in Decem- ber of 1975 and 997o of those polled preferred that the Adobe additions remain. It was moved by Councilman Friess, seconded by Councilman McDowell and unanimously carried to recommend to the County that the Adobe be preserved and that all reports, including that of the Walking Tour Guides, be referred to the County for their recommendation on the type of preservntion to be undertaken within the funds available. PLANNING COMMISSION I SSION DECISION RE BILLBOARD Q T NTO I (25) Council received copies of a report dated November 3, 1976, from the Director of Planning recommending that the Planning Commission decision of September 28, 1976, be upheld and that the billboard located on Assessor's Parcel No. 121-171-17 be required to be removed in accordance with the Land Use Management Code. Council also received copies of a letter dated October 6, 1976, from Jay Kingry of Pacific Outdoor Advertising Co., 1740 Narva Street, Lo.:, Angeles, appealing the Com -mission decision. Mr. Kingry addressed the Council and requested that the sign be allowed to remain indefinitely until the property is developed for another purpose, at such time the permit to be cancellable upon 30 -days notice. Mr. Kingry further requested that an electrical permit be allowed and stated that the value of the sign is in its rental value. In response to an inquiry from Mayor Nash, Mr. Kingry advised that his company was aware of the sign abatement schedule at the time of purchasing the billboard. Councilman McDowell stated that in his opinion the sign is neither a nuisance nor a hazard. It was moved by Councilman Sweeney and seconded by Council- man Heckscher to upheld the Planning Commission action and 0 require the removal of the subject sign in accordance with Ordinance No. 293, the Land Use Management Code. The motion carried by the following vote: AYES: Councilmen Sweeney, rriess, Heckscher, and Mayor Nash NOES: Councilman McDowell ABSENT: None TRAFFIC AND TRANSPORTATION COMMISSION 1. APPOINTMENT OF COMMISSIONERS GREEN AND NELSON (23) It was moved by Councilman Friess, seconded by Councilman Reckscher and unanimously cnrriod that Raymond Green and Richard Nelson be appointed to fill the existing vacancies on the Traffic and Transportation Commission. COUNCIL RE1,11ARKS 1. CITY NEVIISLETTER (33 2 Councilman Fricqs urged that action be tnken to publish a 1. City nowsletter since the funds are budget.(.!d. -12- 11/3/76 2. OLD MISSION BICENTENNIAL 363 (61) Mayor Nash expressed his appreciation to Father Martin for tilo copy of the bicentennial publication Old Alission Sall Juan Ca istrailo, 1776 - 1976 pi,esented to tile City, for the events held on November I in celebrating the founding of the Mission, and for Father Martin's participation on that day in the dedication of El Camino Real Park, the burial of the time capsule, and the unveiling of the State Bicentennial Plaque. 3. CITY SELECTION COMMITTEE (59) It was moved by Mayor Nash, seconded by Councilman Heckscher and unanimously carried that the Mayor be authorized to vote for Sonia Sonju, Councilman for the City of Cypress, for a position on the Air Pollution Control District. RECESS AND RECONVENE Council recessed to Executive Session at 11:40 P.M., the City Clerk being excused therefrom, and reconvened at 12:18 A.M. PERSONNEL - CITY MANAGER'S SALARY (66) It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve an increase in the City Manager's salary to $37,000 per year, effective January 8, 1977. ADJOURNMENT There being no further'business before the Council, the meeting was adjourned at 12:30 A.M., November 4, 1976, to the next regular meeting date of Wednesday, November 17, 1976, at 7:00 P.M. in the City Council Chamber. Approved: DOUGLAS J3�NASH, MAYOR Respectfully submitted, 1 -2z Mary Ann Hbnover City ClerC -13- 11/3/76