77-0105_CC_Minutes_Regular MeetingHN
JANUARY 5, 1977
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council or the City of San Juan
Capistrano, California, was called to order by Mayor Nash at
7:02 P.M. in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Pastor Harold
Lickey of the Seventh-Day Adventist Church.
ROLL CALL PRES&NT
ABSENT:
Douglas B. Nasl,. Mayor
Yvon 0. Heckscher, Mayor pro tem
Councilman Kenneth E. Friess
Councilman Richard D. McDowell
Councilman John B. Sweeney
None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services/Assistant City Manager;
William P. Murphy, Director of Public Works/City Engineer;
Thomas G. Merrell, Director of Planning; James S. Okazaki, City
Attorney; Mary Ann Hanover, City Clerk.
MINUTES:
Regular Meeting of December 15, 1976:
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that the Minutes of the Regular Meetiag of December 15,
1976, be approved with the following amendments: Page 5, 6th
paragraph, change the first sentence to read as follows: "Council-
man Friess noted his concerns that the City's intention of preserv-
ing the life style of existing residents had not been adequately
conveyed;" Page 6, 5th paragraph, insert the following between the
first and second sentences: "Councilman Friess was also concerned
with conflicts in life styles by mixing ES with RS lots without a
buffering;" Page 7, 6th paragraph, insert the following between
the first and second sentences. "Councilman Sweeney questioned
that if we allowed this and other developers to improve the Ortega
Highway as they did their development, wouldn't the City be under-
mining its position before the State Highway Commission concerning
the responsibility of the State to improve the Highway for public
health and safety reasons, and would not that undermine the City's
responsibility to act. Air, Merrell responded that it would not."
The motion to approve the Minutes then carried by the following
vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher and Mayor Nash
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman McDowell
and unanimously carried that all ordinances be read by title only.
BIDS, CONTRACTS, AGREEMENTS
1. SANITARY SEWER RECONSTRUCTION,
fINAL REPORT AND NOTICE OF COMPLETION
(80) At the request of the DirecLor of Public Works, this item was
held over to the next regular Council meeting of January 19, 1977.
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404 DATA PROCESSING SERVICE,
iTFC11_E_ _E,'_8_T —FORPAR-OPOSALS
(33) The Director of Administrative Services/Assistant City Manager
advised that a report on cooperative data processing services
will be sul�-xitted at a later date.
3. ALIPAZ STOMI DRAIN, AHFP #674,
FINAL REPORT AND NOTICE OF COMPLETION
(83) Council received copies of a report dated January 5, 1977,
from the Director of Public Works advising that the Alipaz
Street Improvement and Storm Drain Project, Arterial Highway
Financing Program #674, has been completmd by Fleming Construc-
tion Company. The Project has been approved by the Environ-
mental Management Agency and the AHFP representative. The
Final Report is to be submitted for Council approval at a later
date.
Current payment status for construction is as follows:
Total Project Costs $369,312.68
Less 107o Retention 36,931.27
Total Due to Date 332,381.41
Previous Progress Payment 215,788.4
Balance $116,592.95
Mayor Nash suggested that consideration be given to the instal-
lation of center line guide bumps on Alipaz Street, fencing of
the exposed pump site, and correction of the old pavement con-
ditions, Councilman Friess suggested the i.,stallation of a
sign reading "Pavement Ends." The Director of Public Works will
submit a report on these items at a later date.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the following Resolution, being:
RESOLUTION NO. 77-1-5-1. COMPLETION OF ALIPAZ STREET
AND STORM DRAIN, AHFP #674 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
ALIPAZ STREET AND STORM DRAIN, ARTERIAL HIGHWAY
FINANCING PROGRAM #674
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
The Resolution determines that the project has been completed
in accordance with the contract documents and is accepted,
directs that within 10 days from the date of acceptance a
Notice of Completion be filed with the Orange County Recorder,
and determines the total amount of work performed under the
contract is $369,312.68.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to direct Staff to make pay-
ment to Fleming Construction Company in the amount of
$36,931.27 upon expiration of 35 days from the filing of the
Notice of Completion.
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4 o.5,
ORAL COMMUNICATIONS
1. AGRICULTURE PRESERVATION/GENERAL PLAN
KMENDINIEN'r 77-1
(68) The following persons addressed tile Council;
(1) Tony Forster, 31312 Guadalupe, representing the Capistrano
Business and Property Owners Association, advised that
the Association does not oppose all open space program in
keeping with State law, but does oppose the adoption of
all ordinance establishing development fees for agriculture
preservation, Mr. Forster noted some early results of a
community attitude survey recently rwailed to residents.
Mr. Forster noted that the Association is in unanimous
support of the location of a Ford automobile dealership
on Rancho Viejo Road and requested that tile proposal of
El Camino Ford be included in General Plan Amendment 77-1
and agriculture preservation be eliminated.
(2) William von Platen, 33871 Avenida Calita, cited his
opposition to agriculture preservation and development
fees and support of the proposal of El Camino Ford.
(3) Jay Willcox, Capistrano Airport and Industrial Park, stated
his opposition to proposed development fees on industrial
acreage for agriculture preservation and cited the status
of existing taxing requirements.
(4) Larry Buchheim, 32012 Avenida Evita, requested reconsid-
eration of the proposed ordinance esfablishing development
fees for agriculture preservation. Air. Buchheim suggested
that his project in the vicinity of Junipero Serra Road
should be exempt from fees since he is retaining ownership
of the property and participating in its development.
(5) Stewart Noble, 32126 Pasco Sanchez, urged Council discre-
tion with plans for agriculture preservation.
(6) Bruce Church, representing the San Juan Alliance of Home-
owners, spoke in support of agriculture preservation and
in support of Council denial of the location of a Ford
agency on Rancho Viejo Road.
(7) Michael Berns, 26921 Canyon Crest, urged the adoption of
the proposed Ordinance establishing development fees for
agriculture preservation.
2. SEWER CONNECTION CHARGES (MATHIS)
(80) Dennis Mathis, 34352 Via San Juan, Capistrano Beach, addressed
the Council regarding sewer connection charges in conjunction
with the construction of a residence at 32762 Via de Agua.
Mr. Mathis cited the recent increase in fees and noted diffi-
culties with locating the sewer lateral. Mr. Mathis requested
that the City rent a television camera to survey the entire
sewer line in order to locate the laterals and stated he should
not be required to pay the sewer hook tip fees.
The Director of Public Works advised that the sewer lines were
installed in 1964 without benefit of tract maps and that it is
the responsibility of all developers to locate sewer laterals
to building sites,
Council discussion ensued, and the City Manager advised that
if the rental of a television camera is under $200, the City
would proceed. Mr. Mocalis noted that the camera will only
show that the lateral meets the sewer main, not its location
or angle.
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406 Mayor Nash stated that if Mr. Mathis wished to pursue tills
matter, it should be placed on a future Council Agenda for
further consideration.
3. HISTORICAL SOCIETY -
REOUEST FOR PUBLIC WORKS ASSISTANCE
(61) Anne Schauwccker, Paseo Don Jose, President of the San Juan
Capistrano Historical Society, addressed the Council and
Advised that roof tiles removed from the Serra School in
Capistrano Beach in conjunction with the school's demolition
have been donated to the Society. Mrs. Schauwecker requested
City assistance in picking up the tiles. The Society has sug-
gested that the tiles be used for a prote�etive structure over
adobe ruins adjacent to the Bank of America.
With the consensus of the Council, Mayor Nash directed that
members of the Public Works Department pick up the tiles and
provide for their storage; the use of the tiles is referred
to the Cultural Heritage Commission for investigation.
ORDINANCES
I
om
VE TRACT 7673 -
(85) Council received copies of Ordinance No. 315, which was duly
introduced at the regular Council meeting of December 15, 1976,
and the City Attorney read the title of the Ordinance. Further
reading of all ordinances had been waived earlier in the meeting.
It was moved by Councilman Friess and seconded by Councilman
Heckscher that the following Ordinance, being:
ORDINANCE NO. 315, REZONE 76-8 (MAURER-NEWCOMB) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO, 293 BY CHANGING THE ZONING OF
33 ACRES FROM "PRD" (PLANNED RESIDENTIAL DEVELOP-
MENT) TO "RS" (SINGLE FAMILY) AND "OR" (OPEN
SPACE RECREATION)
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
2. DEVELOPMENT FEES FOR AGRICULTURE PRESERVATION
YIXTMD�I�TT�MT7%XT ��' nDnTXTAXT0V WIn �Icl
(68) Council received copies of a report dated January 5, 1977,
from the Director of Planning forwarding a proposed Ordinance
to establish development fees for the preservation of agri-
culture.
A telegram was received from F.E., R.E., and A.B. Birtcher
in opposition to the Ordinance.
The proposed Ordinance contains the following provisions:
(1) All monies collected are to be hold in the Agriculture
Preservation Rind.
(2) Fee amounts are based on the recommendations of the
1975 report by Levander, Partridge and Anderson. New
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residential projects will be chal-ed $500.00 per unit,
adding approximately $,25 per square foot to tile cost
of new home-;. Now commercial and industrial projc(!,t�4
will be charged $2,000.00 per acre, adding approximately
$.10 to $,15 per in.quare foot to the cost of new coimitor-
cial buildings.
(3) Schools, public agencies, churches, certain institutions,
etc. are exempted.
(4) Purchasers of new homes selling for $50,000 or less will
receive a refund of tile fee.
(5) Expenditure of the funds may coiTwionce as soon as the
General Plan Amendment is adopted designating farmlands
to be preserved in pe;:,manent agricultural land use.
(6) Funds collected may be spent to provide buffers and
fences, tax and assessment refunds, promotion of farm
product sales, employee housing assistance, and, if nec-
essary, acquisition of farmland.
It --s estimated that the proposed Ordinance will generate
approximately $250,000 per year for deposit in the Agriculture
Preservation Fund.
Councilman Ileckscher commented as follows: suggested that the
land underneath mobile home pads be included in the value;
clarified that the proposed tax amount on commercial or
industrial acreage would be prorated for fractions of an acre;
in the event of reconstruction of a residuaLial unit, Council
would have the authority to impose the $500 per unit rate;
with regard tc Section 10, noted that the Ordinance does not
appear to convey the point that although sufficient funds
would not be generated in the first few years to undertake
acquisition of agriculture lands, there should be sufficient
funds to provide monitary and other incentives to encourage
continuation of existing farming operations; clarified that
"other related purposes" for disposition of proceeds include
purchase of open space lands.
Councilman Friess suggested that exemptions to the Ordinance
should be granted when land which has been held for many years
by one family is being developed with no change in ownership
or title.
Councilman Sweeney commented as follows: questioned whether
there would be any recreation use for the fees; questioned
co)mnittirig the funds to agriculture preservation when the
City Priorities List includes Los Rios Area preservation,
construction of bike trails, horse trails, and hiking trails;
suggested that the funds would be more appropriately placed
in open space preservation and acquisition throu.-hout the
co!iLnunity; cited the Citizens Policy Plan which states that
the highest priority should be 1 -given to the inmiediate acquisi-
tion of a community center; noted that State Coastal Commlis-
sion rulino,-s prevent development on agricultural lands; stated
that the fee structure is excessive, particularly with refer -
once to industrial and cortimorcial development; suggested a
sliding- scale rather than a refund for homes unde $50,000.
Mayor Nash statod that lie support-,; the concept of the Ordi-
nalice and co;miientod as fol -lows: the intcilt is to nroserve the
activity of -1-ricultlare within U10 commulility through a set of
incentives; the plan should be submilted to tile State Coastal
Commission as a method for i)reservation and thus release the
remain(lor (,)J' tile. property i,,1 tile City for develoirilent; tile
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sm
Land Use Management Code could be used for preservation, but
contains no incentive program; there is no progress from the
County's Agriculture Task Force; the desire for acquisition
of open space is commendable, but the proposed Ordinance is
an opportunity to preserve a resource that is rapidly disap-
pearing and there will not be another opportunity to preserve
agriculture.
Councilman Friess noted he has reservations about creating
additional burdens for those wishing to acquire future housing
in the City, but that exemptions may alleviate the problem;
the City should assist with lands which are restricted from
development by State regulations; the tax on commercial and
industrial acreage does not appear too high considering the
overall development process and that the only revenue received
from those sources is the property tax; application of zoning
measures to keep these lands in agriculture is not appropriate;
if the Ordinance and an action plan are adopted and the owners
are not compensated so that they can continue to make a profit,
it would be difficult to block those lands from development;
concurs with the possible inclusion of open space as a desig-
nation, but there is adequate incentive for open space acqui-
sition in the General Plan; cupports the concept of exempting
long-term resident property owners.
Councilman McDowell noted that the tax structure in the entire
State will change; $50,000 homes should not be considered as
low income housing; exemptions for individual homes should
not be included in the Ordinance; is opposed to taxing of com-
mercial and industrial properties.
Councilman Heckscher noted that the Ordinance is an opportunity
to generate funds to assist landowners who are most affected
by the City's policies; suggested that Section 10 of the Ordi-
nance be amended to provide that funds be used for preserving
agriculture and open space; industrial and especially commer7
cial land uses should be encouraged and since residential
development creates a greater burden on the City, the tax
amounts for commercial or industrial properties should be
decreased to $1,000 in order to demonstrate that the City
wishes to encourage such use.
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 Mayor Nash and seconded by Councilman Friess
that the Ordinance be amended as follows:
Section 3, Tax Amount: The rates are to be set at
$500 per unit for Residential and $1,000 per acre
for Commercial and Industrial;
Section 7, Exemptions: An exemption is to be included
relating to properties where commercial or industrial
or recreatiotal use is applied and where there is a
long-standing family ownership with no change in title;
and, that the following Ordinance be introduced as amended:
ORDINANCE NO, 316, AGRICULTURAL PRESERVATION FEES -
AN ORDLNAKCE OF-TH-CITY OF
CALIFORNIA. PROVIDING FOR THE PAYMENT OF FEES TO
BE USED FOR THE PRESERVATION OF AGRICULTURAL LAND
The motion carried by Lhe following vote:
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1/5/77
AYES: Councilmen Friess, Heckschor and Mayor Nash4 0 9
NOES: Councilmen Sweeney and McDowell
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:20 P.M. and reconvened at 9:40 P.M.
RESOLUTIONS
1. PROJECT RATING SCALE FOR RESIDENTIAL GROWTH MANAGEMENT
(28) Council received copies of a report dated Januar7 5, 1977,
from the Director of Planning forwarding a proposed Resolu-
tion establishing a Project Rating Scale for competitive
evaluations of residential projects. Copies of an amended
Scale were distributed at the meeting.
Councilman McDowell suggested that Rating Criteria No. 12,
reduction of 50% or more below maximum General Plan density,
should be allocated more than 5 points and that No. 13,
overall quality of design, be deleted.
With regard to No, 13, Councilman Sweeney inquired who would
judge overall quality of design, and the Director of Planning
advised that the City Council would give final approval.
It was the consensus of the Council that the Project Rating
Scale, Exhibit I of the proposed Resolution, be amended as
follows:
Rating Criteria
No. 12, Reduction of 50% or
more below maximum General
Plan density: 10 points
No. 13, overall quality of
design (innovation, archi-
tectural quality, amenity,
energy saving measures, etc.) a scale from 0 to 5
It was moved by Councilman Heckscher and seconded by Council-
man Friess that the following Resolution, being:
RESOLUTION NO. 77-1-5-2. RESIDENTTAL PROJECT RATING
SCALE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A PRO-
JECT RATING SCALE FOR EVALUATION OF RESIDENTIAL PRO-
JECTS SUBJECT TO THE CITY'S GROWTH MANAGEMENT SYSTEM
be adopted as amended. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
2. RESIDENTIAL GROWTH MANAGEMENT - NUMERICAL
VMITS FOR DWELLING UNITSK1977 - 1980
(28) Council received copies of a report dated January 5, 1977,
from the Director of Planning forwarding a proposed Resolu-
tion specifying numerical limits for the number of residential
dwelling units to be approved for the years 1977 through 1980,
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0 pursuant to Ordinance No. 314
forth are as follows:
1977
1978
1979
1980
The numerical limits set
400 units
400 units
400 units
350 units
Councilman Heckscher clarified that the figures set forth
are maximum limits, and by setting the figure at a lower
number for 1980 Council is indicating its intent that the
maximum number of units will not always be granted.
Councilman Friess noted that it is necessary to establish
a high figure in order to accommodate the projects already
in the development process, but the number of units should
probably be set at 300 in 1980 and raised if worthwhile
projects are submitted.
Councilman McDowell stated that the number should be raised
to at least Goo units for 1977 due to the number of quality
projects submitted.
It was moved by Councilman Friess and seconded by Mayor
Nash that the following Resolution, being:
ION NO. 77 -1 -
CAL LIMITS FOR
DWELLING UNITS - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SETTING NUMERICAL LIMITS FOR DWELLING UNITS TO
BE APPROVED IN THE CITY, PURSUANT TO SECTION 4
OF ORDINANCE NO. 314, FOR THE YEARS li77, 1978,
1979, AND 1980
be adopted. The motion carried by the following vote:
AYES: Councilmen Friess, Heckscher, and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
Councilman Sweeney noted for the record that his vote was in
the negative due to the level of the Growth Management Ordi-
nance, which should have established either a 450 or 500
unit level, since figures presented in the report supported
that sort of flexibility for projects in the making and
would have given some relief, and still have reduced the
number of units being built below the average.
CONSENT CALENDAR
It was moved by Councilman McDowell 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 Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated January 5, 1977, Warrants Nos. 8728
through 8869, inclusive, and 1911 Act Account Warrants Nos.
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0190, 0191, and 0192, in the total amount of $694,525.43
are approved as submitted.
2. REPORT OF PLANNING COMMISSION MEETING OF
DECEMBER 14, 1976
(67) The report of actions taken by the Planning Commission at
its regular meeting of December 14, 1976, is ordered received
and filed.
3. RESIGNATION OF PARKS AND RECREATION COMMISS10NER
(62) The item was withdrawn from the Agenda, and Council was
advised that Jill Clark had withdrawn her resignation frou
the Parks and Recreatio-.. Commission and will continue to
serve on that body.
4. LOCAL APPOINUVE LIST FOR COMMISSIONS,
WARDS, AND COMMITTEES
(23) Council received copies of a report dated January 5, 1977,
from the City Clerk forwarding a Local Appointive List of
all Ongoing Commissions, Boards, and Committees, copies of
a List of all Boards, Commissions, and Committees whose
members serve at the pleasure of the Council, and copies of
a special vacancy notice. The Lists are approved as submitted;
and, the City Clerk is directed to post Vacancy Notices at
the three official posting places in the City and in the City
Clerk's office, pursuant to Government Code Section 54970.
5. SAN JUAN CAPISTRANO HISTORICAL SOCIETY -
EUDGET AMENDMENT
(61) The request of the San Juan Capistrano Historical Society that
the sum of $1,000 be re -allocated from the Oral History Pro-
gram to the Museum Collections Fund of the 1976-77 fiscal
budget is approved as submitted,
!A
DEED
(80) The Easement Deed entitled "Sewer Lateral to Lands North of
Trunk Sewer L-3.2, Ortega Highway -Ortega Associates, et al.,11
for a perpetual easement and right-of-way for sewer purposes,
including the right of ingress and egress, granted to the
City by Ortega Associates, is accepted and the City Clerk
authorized to forward the Deed to the Orange County Recorder
for recordation.
7. TERSONNEL - REQUEST FOR EXTENSION OF
LEAVE OF ABSENCE (RAITW
(66) The request of Renee Raith, Planning Aide, for an extension
of a leave of absence until July 15, 1977, is approved.
SUBDIVISIONS AND ANNEXATIONS
1. TENTATIVE TRACT 9299, ETERMINATION OF
SUBSTANTIAL COMPLIANCE (KCS SYSTEMS)
(85) Council received copies of a report dated January 5, 1977,
from the Director of Planning forwarding the recommendation
made by the Planning Commission at its meeting of December 14,
1976, that a revised circulation system is in substantial
conformance with the approved Tentative Tract Map 9299. The
Commission also recommends approval of a request for the
utilizaLion of a culvert rathcr than a bridge structure
across the ravine. The project is located in the vicinity of
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the intersection of Del Obispo Street and Aguacato Road; the
applicant is KCS Systems. Exhibits were available for Council
consideration,
Denis Kutch, representing KCS Systems, addressed the Council
to advise that their plans are to remove the existing dirt
comprising the earthen dam and then replace the soil in a
compacted manner to provide a road rather than the previously
approved bridge across the ravine; a rail structure along the
top of the road is proposed. Mr. Kutch stated that the pro-
posed road has been approved by the Traffic and Transportation
Commission and the Fire Department; construction traffic would
use the emergency access road from Del Obispo Street.
Mayor Nash noted that he would object to the earthen dam as
access rather than construction of the bridge since the road
would not be in compliance with his original support of the
Tentative Map. Councilman Friess also noted his concerns with
being requested to approve the earthen fill access after
approving the bridge concept and inquired if there is any
potential hazard in utilizing the fill material as a primary
route. The Director of Public Works advised that soils testing
would determine if the fill material is adequate for replace-
ment. Mayor Nash suggested that there should be an amendment
to the Environmental Impact Report addressing the impact of
the dam vs. the bridge. The Director of Planning advised that
the original EIR was based on retention of the earthen dam
and that the negative impact of the EIR would remain the same.
Councilman Heckscher inquired if there were any additional
mitigating features to be considered, and the Director of
Planning replied that the applicant has not yet submitted a
report on how the ecology of the ravine is protected.
Mr. Kutch advised that when the project is complete, other
than a road with wooden side rails, the ravine will appear as
in its existing state, with the exception of a 61 x 101 culvert.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney as follows:
1. To determine that the revised Tentative Tract Map
9299 is in substantial conformance with the approved
Tentative Tract Map based upon the following findings:
a. That the lot configurations per the previously
approved map have not been revised in such a
manner as to create any additional lots or
reduce the permanent open space element.
b. That the revised circulation system will result
in minimization of land form alternation within
the ravine area.
2. To approve the use of a culvert rather than a bridge
structure across the ravine.
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, and Heckscher
NOES: Councilman Friess and Mayor Nash
ABSENT: None
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ADMINISTRATIVE ITEMS 4
CITY CLERK
1. POLICY FOR OFFICIAL MEETING TAPE RECORDTNGS
(69) Council received copies of a report dated January 5, 1977,
from the City Clerk forwarding a proposed policy for the use
by the public of City Council, Commission, and Board meeting
tape recordings, as requested by Council,
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution, being:
RESOLUTION NO. 77-1-5-4, OFFICIAL MEETING 1APME
RECORDINGS - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING PROCEDURES AND FEE SCHEDULE FOR
LISTENING TO OR RECORDING FROM, OR MAKING TRANS-
CRIPTS OF AUDIO TAPES OF CITY COUNCIL, COMMISSION,
AND/OR BOARD MEETINGS
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
The Resolution piovides that a City staff member be present
when a member of the public listens to, records, or trans-
cribes official City tape recordings and that the employee's
hourly salary plus 25% in overhead costs be charged for the
service, with a minimum fee of $5.00. Copies of any trans-
cripts made are to be provided to the City at no charge.
DIRECTOR OF PLANNING
1. INITIATION OF GENERAL PLAN AMENDMENT 77-1
(46) Council received copies of a report dated January 5, 1977,
from the Director of Planning forwarding two petitions to
initiate the first General Plan Amendment of 1977, pursuant
to Section 2.1.2 of the Land Use Management Code. The peti-
tions are as follows:
(1) Agriculture Preservation:
A City initiated Amendment which would include designa-
tion of specific parcels for long-term or permanent
agriculture land use; an Amendment to the General Plan
to provide for specific action programs, incentives,
and commitment to making reasonable compensation to
affected property owners; elimination of State Coastal
Commission restrictions on sewer connections for now
construction on prime agricultural land; and, prepara-
tion of an Environmental Impact Report.
(2) Ford Dealership o�i PrN2LiLtv:
A change in land use designation from 2.7 Recreation -
Commercial to 4.1 Quasi -Industrial to accommodate a new
car dealership on 6 acres of land on the east side of
Rancho Viejo Road betwee" Juniporo Serra and Mission
Hills Drive, as requested by David B. Sweency, President
of El Camino Ford, and William R. Williams; authorized
agent for the property owner.
-11- I/S/77
414 Councilman McDowell noted that the agricultural properties
in question have been in the same families for at least two
generations; that the staff report recommends approval of an
Amendment which the City cannot afford and recommends denial
of a project that would bring money to the City.
Councilman Friess noted his concerns about the concept of an
auto agency in the proposed area. Mayor Nash reiterated his
support of an auto dealership in the community, but not at
.the requested location.
Councilman Reckscher expressed his concern that there be pro-
visions for relief to the property owners if their lands are
designated for permanent agricul%ral use and the City fails
in its attempt to provide incentives, funding, and an action
program. Mr. Reckscher also noted that a precedent would be
established if the City were to approve the auto dealership
on the 6 -acre parcel since it would be difficult to deny
requests for additional auto dealerships in the immediate -area.
In response to an inquiry from Councilman McDowell, the Direc-
tor of Planning advised that the Environmental Impact Report
for agriculture preservation would be accomplished by consult-
ant services; the Planning Department has prepared a scope of
work for review. Mayor Nash advised that the economic impact
would be addressed in the EIR.
It was moved by Mayor Nash and seconded by Councilman Friess
to approve the recommendation presented by staff, as follows:
(1) To determine there is no need to initiate an Amendment
to the Land Use Element of the Gonern! Plan by changing
any portion of Assessor's Parcel 124-240-76 from 2.7
Recreation Commercial to 4.1 Quasi -Industrial, and to
deny the petition submitted jointly by William R.
Williams and David B. Sweeney; and,
(2) To initiate a General Plan Amendment to provide for
certain lands to be designated agriculture as a perman-
ent land use and to identify incentives, funding, and
an action program to preserve agriculture on said desig-
nated lands.
The motion carried by the following vote:
KfES: Councilmen Friess, Heckscher, and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER
1.
REPORT
ON CALLE ASPERO STREET IMPROVEMENTS
(83)
Due to
the lateness of the hour, it was the
consensus of the
Council
that consideration of this matter be
held over to the
next regular
Council meeting of January 19,
1977.
2.
CAMINO
DEL AVION STORM DRAIN PROJECT 1,011103
-
REPORT
ON FUNDING ALTERNATIVES. FISCAL YEAR
1977-78
(80) Council received copies of a report dated January 5, 1977,
from the Director of Public Works regarding City participation
in funding of the Camino del Avion Storm Drain, which extends
from Del Obispo Street to San Juan Creek. It is anticipated
that the City's 250 share will be approximately $25,000. The
project is proposed in order to correct the severe flooding
-12- 1/5/77
3.
problem at tile intersection of Alipaz Street and Camino del 4
Avion.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to approve the concept of a
jointly financed project between the City and the Orange
County City Engineer's Flood Contro-L Advisory Committee with
a respective 25% - 75"M split to finance the construction of
the Camino del Avion Storm Drain, Phase I (Master Planned
Facility LOIP03); and, to direct Staff to present the neces-
sary formal agreements to the City Council at such time as
their execution is required.
CONDImICN OF STREETS AND SIDEWALKS IN
iiELATION TO THE RANDICAPPLD
(81) Ccuncil received copies of a report dated January 5, 1977,
from the Director of Public Works advising that a study had
been conducted to evaluate street and sidewalk facilities
for the handicapped, as requested by Council.
It was moved by Mayor Nash, seconded by Councilman Friess
and unanimously carried to direct the City En.-ineer to pre-
pare preliminary plans and cost estimate for a major nroject
on Camino Capistrano, coordinating improvements for the handi-
capped and aesthetic improvements.
4. REPORT ON SEWER SERVICE CHARGES
(80) Council was advised that this report will be submitted for
consideration at a later date.
5. REQUESTS FOR INSTALLATION OF STREET LIGHTS,
-f-NTERSECTION OF ALMZ STREET AND CAMINO DEL AVION
(53) Council received copies of a report dated January 5, 1977,
from the Director of Public Works forwarding requests for the
installation of street lights in the vicinity of Alipaz Street
and Camino del Avion due to traffic hazards and security pre-
cautions, Letters dated December 13, 1976, and December 14,
1976, respectively, have been received from Bud Hanson, Manager,
Rancho del Avion Mobile Home Park, 32742 Alipaz Street, and
from Shigeru Kinoshita, Kinoshita Farms, P.O. Box 201.
it was moved by Mayor Nash and seconded by Councilman Sweeney
to approve the installation of a street light at the entrance
to Rancho del Avion Mobile Home Park and the installation of
a 7,000 lumen temporary street light at the intersection of
Camino del Avion and Alipaz Street. The motion carried by the
followin.- vote:
AYES: Councilmen Sweeney, Friess, Heckscher,
and Mayor Nash
NOES: None,
ABSTAIN: Councilman McDowell
ABSENT: None
The street lights will be owned by the City and installed at
an estimated cost of $1,000; maintenance. will. be accompl i stied
by San Diego Gas & Electric Company.
_13- 1/5/77
i: J_ ( ?ARKS AND RECREATION CO�nl_ISSION
1. SELECTION OF OFFICIAL NAME
JUAN CREEK REST STOP
(62) Council received copies of a report dated January 5, 1977,
from Tom Baker, Recreation Coordinator, lorwarding, a sug-
rested list of names for the area ki,own as the San Juan
Crook Rest Stop aud/or Confluence Park, as compiled by the
Parks and Recreation Comiliission.
It was moved by Mayor Nash and seconded by Councilman Sweeney
that tile area lie officially designated as "Descatiso Park."
There was no vote oil tile motion.
It was moved bv Councilman Heckscher and seconded by Council --
man Friess thal the above motion be tabled. The motion to
table carried by the following vote:
AYES: Councilmen Friess, Reckscher, and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
COUNCIL REMARKS
1. TRASH ALONG ORTEGA HIGHWAY
(44) Councilman Friess noted that trash is still conspicuous along
the Orte-a Highway. The Director of Public Works advised that
a written report had been prepared and a copy will be provided.
2. PROPOSED SISTER CITY PROGRAM
(32) Mayor Nash requested that Councilman Sweeney coordinate the
establishmen� of a Sister City project in cooperation with
the Chamber of Commerce. Letters have been received from
officials of the City of Petra de Mallorca indicating their
interest in a Sister City designation.
RECESS AND RECONVENE
Council recessed to Executive Session for the purpose of discussing
a i`11 I
, le -11 matter at 11:10 P.M., the City Clerk being excused there-
from, and reconvened at 11:37 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 11:40 P.M. to tile next regular meeting date of Wednes-
day, January 19, 1977, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
MARY ANIN
ATTEST: rNOVER, CITY CLERK
1_1_�_ -Z
7_12,
DOUGLAS MAYOF
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