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76-1201_CC_Minutes_Regular MeetingDECEMBER 1, 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 7:09 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Dr. Milford Baker, Capistrano Valley Baptist Church. ROLL CALL PRESENT: Douglas B. Nash, Mayor Yvon 0. Heckscher, Mayor pro tem Councilman Kenneth E. Friess Councilman John B. Sweeney ABSENT: Councilman Richard B. McDowell STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Acbninistrative Services/Assistant City Manager; William D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell, Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. CITY COUNCIL (32) Mayor Nash announced that Councilman McDowell had suffered a heart attack on November 29 and was recuperating at South Coast Ho-pital. Mayor Nash extended best wishes to Mr. McDowell from the Members of the City Council, staff and community for a speedy recovery. MINUTES Regular Meeting of November 17, 1976: It was moved by Councilman Heckscher and seconded by Councilman Sweeney that the Minutes of the Regular Meeting of November 17, 1976, be approved with the following corrections: (1) Pages 8, 9, and 10, Parcel Maps for Divisions of Land 76-1, 76-2, and 76-3, Insert the word "public" in the last sentence of each item before the words". . . sanitary sewer system"; and (2) Page 12, General Plan Amendment 76-2C, insert the.following sentence between the first and second paragraphs: "Councilman Friess stated that he had no misunderstanding about the number of acres involved." The motion carried by the following vote: AYES: Councilmen Sweeney, Friess, Heckscher and Mayor Nash NOESt None ABSENT: Councilman McDowell 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. BIDS, CONTRACTS, AGREEMENTS 1. PARK MAINTENANCE, JUNIPERO SERRA AND EL CAMINO REAL PARKS - (74) Council received copies of a report dated December 1, 1976, from the Director of Public Works forwarding copies of pro- posed Notice Inviting Bids, Specifications, and Agreements for Contract of Junipero Serra Park and _7`1 Camino Real Park. -1- 12/1/76 9� 0 It was moved by Councilman Sweeney, seconded by Council- man Heckscher and unanimously carried to approve the Specifications and Agreements for the maintenance of Junipero Serra and El Camino Real Parks and to authorize the City Engineer to call for bids. 2. MAJOR STREET REPAIRS, 1976-77 - APPROVAL (74) Council received copies of a report dated December 1, 1976, from the Director of Public Works forwarding cost estimates in the total amount of $26,800 for repairs and construction to portions of streets and/or sidewalks at the following locations: Del Obispo Street at Camino Capistrano; Camino del Avion; Calle Chueca. El Camino Real; Via El Socorro. The sum of $30,000 is ailocated in the 1976-77 fiscal bud- get for major street repairs. Exhibits indicating the locations of the proposed improve- ments were available for Council review. With regard to Item No. 2, the installation of an asphalt/ concrete sidewalk along Camino del Avion from Via del Amo to Alipaz Street, Councilman Friess inquired into probable costs of providing a chain link fence between the sidewalk and the Kinoshita Farms property. It was the consensus of the Council that this matter be returned to Council as a separate item including costs of fence installation. The Director of Public Works is to discuss the matter with the property owner, Shigeru Kinoshita. It was moved by Councilman Sweeney, seconded by Councilman Friess and unanimously carried to approve the plans and specifications for Major Improvements of Streets and Side- walks in the City of San Juan Capistrano excluding the installation of an asphalt/concrete sidewalk on the north side of Camino del Avion between Via del Amo and Alipaz Street and to authorize the City Manager to advertise for bids. PUBLIC HEARINGS I 1. CONDITIONAL USE PERMIT 76-5, REZONE,76-6, AND TENTATIVE TRACT 9339 (STANDARD PACIFIC CORPORATION) (85) Council received copies of a report dated December 1, 1976, from the Director of Planning forwarding the recommendation made by the Planning Commission at its meeting of October 26, 1976, that CUP 76-5, Rezone 76-6, and Tentative Tract 9339 be denied. The proposal is for a subdivision of approxi- mately 7.1 acres of land located on the southeast corner of Alipaz Street and Del Obispo Street known as Assessor's Parcel No. 121-171-01. The applicant is requesting a zone change from RM (Multiple Family) to RD (Garden Home) and a reduction in minimum lot size for 20 duplexes and 2 common lots. The applicant is Standard Pacific Corporation, 1565 West MacArthur Boulevard, Costa Mesa. Notice having been given as required by law, Mayor Nash declared the PublicHearin.g open and inquired if anyone in the audience wished to address the Council. David Langlois, representing Standard Pacific Corporation, addressed the Council and advised that the proposal is significantly below the density set forth in the General Plan and requested advice regarding in acceptable land use for the property. There being no further response, Mayor Nash declared tile Public Hearing closed. Councilman Sweeney noted that Planning Commissioners had not objected to the proposed density of tile projecL and sug- gested that the line tip of units at tile perimeter -2- 12/1/76 3,81 of the project is the problem; RM zoning would result in higher density on the property. The Director of Planning advised that the Commission would prefer the property developed under the existing zoning which would allow from 10 to 12 additional units, Mayor Nash noted that RM zoning would require clustering of the project and thus provide additional open space. It was moved by Councilman Friess, seconded by Councilman Heckscher and unanimously carried to accept the Planning Commission recommendation that Conditional Use Permit 76-5 be denied and to take action to deny Rezone 76-6 and Tenta- tive Tract 9339 based upon the findings of Planning Com- mission Resolutions PC 76-10-26-1 and PC 76-10-26-2. 2. GROWTH MANAGEMENT SYSTEM FOR NEW RESIDENTIAL DEVELOPMENT (28) Council received copies of a report dated December 1, 1976, from the Director of Planning forwarding a proposed mechan- ism for the control of new residential building development in the City. The report includes the staff report submitted to the Planning Commission on November 23, 1976; a proposed Ordinance for adoption by the City Council; preliminary draft of an Environmental Assessment of Growth Management; a study on the Effects of Growth: Municipal Services, Facil- ities, and Finances; and,a Summary of Input from Individuals and Organizations. The City Manager cited the background leading up to the pro- posed adoption of a Growth Management System including the Citizens' Policy Plan, the moratorium which was instituted to provide time for completion of the General Plan, the adoption of the Land Use Management Code and 5 -year budget. It is proposed that upon adoption of the residential growth management system the 5 -year budget and City priorities will be reconsidered with receipt of citizen and organization input. The Director of Planning noted that processes for growth management are nation-wide and read an article entitled "Population Growth Management"from a League of California Cities publication. He advised that the Growth Management Committee has recommended that the optimum increase of housing units be limited to 350 units per year in order to be consistent with adopted General Plan goals for environ- mental quality and economic stability. Mr. Merrell displayed technical graphs showing the effects of growth rates on the City's projected revenues and expenditures as set forth in the 5 -year budget and noted that the figures are based on maintaining the current tax rate and levels of service while following the General Plan. Council Members then discussed various provisions of the proposed Ordinance with Mr. Merrell. RECESS AND RECONVENE Council recessed at 9:00 P.M. and reconvened at 9:15 P.M. Public Hearing: Notice having been given as required by law, Mayor Nash declared the Public Hearing open on the proposed adoption of a Growth Management System and inquired if anyone in the audience wished to address the Council. The following per- sons responded in support of a growth management system: 1. Bob Olson, 27061 Mission Hills Drive; 2. Robert Davies, Planning Commissioner, 29391 Edgewood Road; 3. Bruce Church, San Juan Alliance of Homeowners, 26851 Canyon Crest Road; 4. Duke Folkers, 27202 Calle Caballero; 5. Richard Wyndhamsmith, 26416 Brookfield Road; -3- 12/1/76 6. Charles Buck, President, Town Hall Association, 27081 Mission Hills Drive; 7. Anne Schauwecker, Pasco Don Jose; 8. Fran Frost, 31301 Paseo Nogal; 9. Roberta Berns, 26921 Canyon Crest Road; 10. Sharon Allen, 332432 Via Mayor. The following per�sons responded in opposition to a growth mana gement system: 1. Jim Beam, Executive Director, Orange County Chapter of the Building and Industry Association, 17291 Irvine Boulevard, Tustin; 2. David Recupero, representing Glendale Federal Savings & Loan, 401 North Brand, Glendale; 3. Alfred R. Gray, Executive Secretary of the Building and Construction Trades Council of Orange County; 4. Leona Fitzpatrick, President of the Chamber. of Commerce; 5. William R. William, P.O. Box 297; 6. Edwin Clarke, 32202 Alipaz Street; �7. Tony Forster, Capistrano Business and Property owners, 31312 Guadalupe; 8. Dale Kirstine, 30936 Paseo Mar Azul; 9. Lou Conter, 32022 Paseo de Hermosa; The following persons also addressed the Council: 1. Marilyn Williams, Secretary, Capistrano Community Affairs Council, 25952 Avenida Mariposa, requested that the Public Hearing be continued pending revision of the financial aspects of the report; 2. Lawrence Buchheim, Avenida Evita (P.O. Box 25), stated that although he would favor some type of growth con- trol, further study should be undertaken with land- owners' views addressed more closely. The following written correspondence was received at the meeting: 1. Capistrano Community Affairs Council, letter dated November 30, 1976; 2. Town Hall Association of San Juan Capistrano, Inc., letter dated December 1, 1976; 3. William R. Williams, letter dated December 1, 1976. There being no one else wishing to address the Council, Mayor Nash declared the Public Hearing closed and asked for comment from individual Council members. Councilman Sweeney stated that he is not ready to take action on the Ordinance, although he favors growth control. Air. Sweeney requested a closer look at the staff financial impact data regarding numbers of units; requested direct information from the Sheriff's office on the staff's projec- tions of public safety costs; stated that lie had hoped the bonus aspects of the point rating system of the Ordinance would have included such items as golf courses or sufficient open space to allow developers exemptions from the per year unit allocations; and stated that provisions for energy conservation such as solar heating should be included. Mayor Nash stated that he is satisfied with the Ordinance as a whole and that the limit on now construction to 350 residential units per year is acceptable as a reasonable, number. Mr. Nash stated lie would prefer that criteria No. 8 of the Project Rating Scale be more sensitive to resource conservation and that a higher point rating be given to No. 10, provisions for open space. -4- 12/1/76 tr,' ­�, -,Mw ��, I 383 Councilman Heekscher stated he is generally in favor of the Ordinance concept but that the viability of the com- mercial sector would be impacted. Mr. Heckscher suggested that staff be directed to provide Council with a plan to accommodate phased commercial development in a manner com- patible with the phasing of residential development and other local needs. With regard to Nos. 6 and 7 of the Pro- ject Rating Scale', if projects do not require variances or General -Plan Amendments, there should be no allocation of points; No. 12, maximum General Plan density, points should be decreased; No. 11, Private Recreation Facilities, points should be increased. Mr. Heckscher suggested that the Rating Scale be set by Council Resolution rather than being an inte- gral part of the Ordinance and also suggested consideration of an increase in the number of units allowed per year. Councilman Friess stated he agrees with the total concept of the Ordinance and stated that although numerical limits were not originally part of the Ordinance, the total number of dwelling units permitted in a calendar year should be established by a definite number. Mr. Friess has served with Planning Commissioner Davies on the Growth Management Committee since the Council/Commission joint meeting of September 29 which established the goals and objectives of growth management. It was moved by Councilman Sweeney that the Ordinance be referred back to staff for refinement of the areas discussed by Council and returned to Council at the next regular meet- ing. The motion died for lack of a second. Councilman Heckscher suggested that the numbers of allowable dwelling units be increased to 400 per year. It was the consensus of the Council. that the following amendments be made to the Ordinance: 1. Section 3, Exemptions, paragraph No. 1 entitled Small Projects, delete the second sentence reading, "However, such project sites must be individual parcels of record on the effective date of this Ordinance." 2. Section 4, Annual Numerical Limits, Paragraph A, the last sentence shall read, "TheNumerical Limit shall provide for an addition to the City's housing stock of not greater than 400 units per year." 3. A paragraph is to be added to the Ordinance which would establish the Project Rating Scale by Resolution of the City Council. 4. Section 5, Review Procedures - Residential Development, Paragraph B, Preliminary Screening, delete the fourth sentence reading, "A score of less than 25 points on Specific Criteria may be grounds for denial of the project during concept review (ref. Paragraph Dl, following)." 5. Section 5, Review Procedures - Residential Development, Paragraph D, subparagraph 1, Concept Review, the first sentence shall read,, "Following environmental review, projects shall be forwarded to the Planning Commission and thereafter to the City Council for concept review." Ordinance No. 314, Introduction: 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 Friess and seconded by Councilman Ileckscher that the following Ordinance, being - ORDINANCE NO..314, RESIDENTIAL GROWTH MANAGEMENT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, -5- 12/1/76 384 CALIFORNIA, PROVIDING A SYSTEM TO DIRECT AND MANAGE THE RATE OF NEW RESIDENTIAL DEVELOPMENT IN THE CITY be introduced as amended, The motion carried by the follow- ing vote: AYES: Councilmen Friess, Heckscher, and Mayor Nash NOES: Councilman Sweeney ABSENT: Councilman McDowell Councilman Sweeney stated for the record that his vote was in the negative due to a lack of time to assimilate and question the financial impact data that has been presented by staff. ORAL COMMUNICATIONS 1. PROPOSED CITY NEWSLETTER (32) Valerie Powers, 33262 -Via Mayor, addressed the Council and read a letter dated November 26, 1976, signed by 13 persons requesting Council reconsideration of the decision made on November 17 in authorizing the compilation of a City news- letter by paid local residents. Mrs. Irene Weis, 25672 Calle Jardin, addressed the Council and stated that -City staff should prepare any City newsletters. The City Manager advised that a great dLal of public input has been received with regard to the proposed newsletter and suggested-tbat upon publication of the first edition, Council reconsider and review the matter. Councilman Friess stated that the newsletter had been proposed as a public service, but that the original concept bad been .lost. Mr. Friess apologized to everyone concerned. It'was moved by Councilman Heckscher and seconded by Council- man Sweeney that the entire newsletter project be cancelled, The motion carried by the following vote: AYES: Councilmen Sweeney, Heckscher, and Mayor Nash NOES: Councilman Friess ABSENT: Councilman McDowell RESOLUTIONS It was the consensus of the Council that the three Resolutions listed on the Agenda be considered at the next regular Council meeting due to the lateness of the hour. CONSENT CALENDAR Councilman Heckscher made note of Warrant 8632 for reimbursement of petty cash, and requested a report on the burglary of City offices which occurred on November 22, 1976. It was moved by Councilman Heckscher and seconded by Mayor Nash 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 Sweeney, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: Councilman McDowell -6- 12/1/76 1. APPROVAL OF WARRANTS 8 (41) The List of Demands dated December 1, 1976, Warrants Nos. 8604 through 8649, inclusive, and 1911 Act Account Warrant No. 0189, in the total amount of $65,540.52 are approved as submitted. 2. (80) The Easement Deed for storm drain purposes across the Alipaz Street right-of-way is accepted from Kinoshita Properties, and the City Clerk is authorized to certify acceptance and record the Easement Deed. 3. PUBLIC IMPROVEMENTS AT EL HORNO AND LA CALERA ACCEPTANCE OF LETTER OF CREDIT ILET�T_I_NGER) (83) The Letter of Credit from Mission Bank in the amount of $1,860 - is accepted as the surety device from Mr. Daniel Letsinger for the proposed public improvements at the south- east corner of El Horno and La Calera Streets. The improve- ments include curb and gutter, drive approach, and sewer lateral; required fees in the total amount of $955.63 have been paid. 4. TRACT 5996, RELEASE OF BONDS (CUNNINGHAM) (85) This item was withdrawn from the Agenda pending correction of construction deficiencies. 5. CLAIM FOR DAMAGES (MULLER) ..(35) The Claim Against Public Entity in the amount of $50,000 from John F. Farrell, Attorney at Law, on behalf of Jerome J. and Maggie Muller, for injuries allegedly sustained on July 29, 1976, is denied and referred to the City's insurance carrier, Qu i nlan Insurance, Inc. DIRECTOR OF PLANNING 1. TREE REMOVAL, ALIPAZ STREET (OLSEN) (74) It was moved by -Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve the removal of a 101 pepper tree on Alipaz Street in conjunction with the public improvements required for the Roland Olsen Office and Industrial Building, Architectural Control 75-3. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. STREET LIGHT STUDY - ECONOMIC ANALYSIS (53) Council received copies of a report dated December 1, 1976, from the Director of Public Works forwarding the Street Light Study dated November 15, 1976, compiled by Utility Planning, Inc. of Mission Viejo. It was moved by Councilman Sweeney, seconded by Councilman Reckscher and unanimously carried to approve the "Street Light Study" prepared by Utility Planning, Inc., and direct staff to implement the recommendations of providing City - owned street lighting; contract maintenance is to be provided by San Diego Gas & Electric Company. Staff is authorized to make full payment for the study in an aniount not to exceed $3,500. 2. STREET LIGHTING - (53) Council received copies of a report dated December 1, 1976, from the Director of Public Works forwarding copies of a Proce.ss for Evaluating Existing Street Lighting Systems and schedule of Construction Process for Removing Street Lights. -7- 12/1/76 The process involves dividing the City into test zones consisting of a tract or commercial district; street lights would be turned off for approximately 60 days, following -which time the City Council will review the results and recommend a construction plan to remove street lights, - It was moved by Councilman Sweeney, seconded by Councilman Reckscher and unanimously carried to approve the Process for Evaluating Existing Street Lighting Systems as submitted. COUNCIL ACTIONS 1. ORANGL COUNTY VECTOR CONTROL DISTRICT - �� A��^T%T�As J - B. COJ 7 (57) Council received copies of a report dated December 1, 1976, from the City Clerk advising that the 2 -year term of office of Jarold B. Cole, the City's -representative to the Orange County Vector Control District, will expire on December 31, 1976. The Board of Trustees of the District has recommended re -appointment of Mr. Cole. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to re -appoint Jarold B. Cole for the next 2 -year term of office ending December 31, 1978. Council noted that since his appointment on April 18, 1974, Air. Cole has maintained a 97% attendance record and is currently serving on the District Finance and Vehicle and Equipment Committees. COUNCIL REMARKS 1. SEWER CONNECTION CHARGES (80) Mayor Nash requested that staff review the recent increases in sewer service charges, paying particular attention to the mobile home units, and return for reconsideration on the January 5, 1977, Agenda. 2. GROWH MANAGEMENT PHASING FOR COMMERCIAL/INDUSTRIAL AREAS (28) It was moved by Councilman Heckscher, seconded by Mayor Nash and unanimously carried that staff be directed to submit a growth phasing program for the commercial/industrial areas of the City within 180 days. Mr. Heekscher stated that he would be willing to work with staff for the development of the program. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:45 A.M., Thursday, December 2, 1976, to the next regular meeting date of Wednesday, December 15, 1976, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, UITY L;Lhh& MARY ANN �IANOVEH, ATTEST: DOUGLAS 400- NASH, MAYOR -8- 12/1/76