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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. -1- 1/5/77 404 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. -2- 1/5/77 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. -3- 1/51/77 406 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 -4- 1/5/77 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 -5- 1/5/77 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: -6- 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, -7- 1/5/77 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. -8- 1-5-77 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 -9- 1/5/77 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 -10 11/5//77 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 -14- i/5/77