77-0720_CC_Minutes_Regular Meeting 107
JULY 200 1977
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 Heckscher at
7:05 P. M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Harold J.
Lickey, Seventh-Day Adventist Church.
ROLL CALL PRESENT: Yvon 0. Heckscher, Mayor
Kenneth E. Friess, Mayor pro tem
Richard D. McDowell , Councilman
Douglas B. Nash, Councilman
John B. Sweeney, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Assistant City Manager/Director of Administrative Services; William
D. Murphy, .Director of Public Works/City Engineer; Larry Lawrence,
Associate Planner; James S. Okazaki, City Attorney; Mary Ann Hanover,
City Clerk.
MINUTES
Adjourned Regular ➢leeting of Jun
e 22, 1977 :
T:Ewas move y Counci man )lc owe and seconded by Councilman Sweeney
that the Minutes of the Adjourned Regular Meeting of June 22, 1977 , be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: ' None
.Adjourned Regular Meeting of June 29, 1977 :
It was move y Councilman Sweeney a d seconded by Councilman McDowell
that the Minutes of the Adjourned Regular Meeting of June 29, 1977 , be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None.
ABSENT: None
Regular Meeting of July 6, 1977 :
It was moved by Councilman Sweeney and seconded by Councilman Friess
that the Minutes of the Regular Meeting of July 6, 1977, be approved
with the following amendments: (1) Page 7, Los Rios Precise Plan,
the reference in the penultimate line is to read "the Steering
Committee" rather than "The Arroyo Group; " (2) Page 7, Airport
Ordinance, add the following to the second sentence of the last
paragraph, " . until an appropriate relocation site is available;"
(3) Page 13, Tentative Tract 9784 , the second portion of subparagraph
(2) is to read, "that portion of Calle ".Miramar within the Meredith
:Tact could be acquired by eminent domain proceedings. " The motion
cirried by the following vote:
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AYES: Councilmen Sweeney, McDowell, Friess, Nash, QQ
and Mayor Heckscher
NOES: None
• `r
-ABSENT: None
a
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.
HOUR OF ADJOURNMENT
Councilman Sweeney noted that Resolution No. 75-3-5-6 had been adopted
in March of 1975, establishing the hour of adjournment for City Council
meetings at 11 :00 P.M. , including executive sessions, and urged
Council to observe the adjournment hour. Mayor Heckscher noted that
Council continues beyond 11 :00 P.M. when there is a consensus of
the members to do so; Councilman Sweeney suggested that Council
Indicate its intention to continue beyond 11:00 P.M. at an appropriate
' time during the meetings.
ORAL COMMUNICATIONS .
1. CAPISTRANO AIRPORT
(88) The following persons addressed the Council:
(1) Franklin Dimino, Attorney at Law, 501 Avenida Teresa,
San Clemente, representing Capistrano Flying Service and
pilots of the area, in opposition to Airport closure;
(2) Michael Berns, 26921 Canyon Crest, in favor of closing the
Airport;
(3) Rose Corrigan, Los Cerritos Ranch, in opposition to Airport
closure.
2. CABLE TELEVISION ORDINANCE
(43) Richard Young, representing Orange County Cable Communications
Company, addressed the Council regarding the proposed ordinance
regulating cable television systems
3. RESIDENTIAL CONSTRUCTION ON RIDGELINES/CITY TAX RATE
•(55j Michael Berns, 26921 Canyon Crest , addressed the Council and
requested definitive action to have the homes removed which
are being constructed on the ridgeline in the Meredith Canyon
tract. Dr. Berns also spoke in favor of reducing the City tax
rate .
4. TENTATIVE TRACT 9795,
EQUESTRIAN T IL LOVE)
(85) Mr. Jack Love, 33051 Calle Aviador, addressed the Council
regarding his request that Council reconsider specific items
in connection with equestrian trail requirements for Tentative
Tract 9795.
WRITTEN COMIfUNICATIONS
1. TENTATIVE TRACT 9795.
EQUESTRIAN TRAILS LOVE)
Council received copies of a letter dated July 8, 1977 , from
Jack Love regarding equestrian trail requirements for Tract 9795,
and there was a consensus of the Council that the Conditions of
Approval provide as follows:
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1. 09
a. Request for 5' Easements :
The property owner is required to provide access to all
equestrian lots by means of an irrevocable offer to
dedicate 10 ' easements; in the event adjacent property is
developed, a 5' easement will be required from that property
with a corresponding release of 5' to property owners in
Tract 9795.
b. Trail Improvement :
ounci not concur with Mr. Love's request to delete
the requirement for trail improvement (see Duque Lane
exception below) .
C, Duque Lane:
The property owner is to provide a 10 ' irrevocable offer
to dedicate; in the event conflict with vehicular traffic
occurs, the City would accept the offer. In the interim,
horses would be restricted to the area of the road and no
improvements required at the present time.
d. Request for Approval of Quitclaim in 3 Years:
ounci i not concur; however, at Me end of 3 years if the
owners can prove that riders do not use the easement , there
are no stables in the area, and the trails don't lead any-
where, the property owner may make application to the
Equestrian Commission for quitclaim; there will be no
automatic release of easements.
An amendment to the Equestrian Trail Conditions of Approval for
Tract 9795 will be provided for Council at the meeting of
August 3, 1977.
PUBLIC HEARINGS
1. 1977 WEED ABATEMENT CHARGES
(74) Council received copies of a report dated July 20, 1977, from
the Director of Public Works regarding charges for 1977 weed
and refuse abatement. Copies of individual property assessments
were also forwarded.
Public Hearing :
Notice aving been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in the
audience wished to address the Council regarding abatement
procedures of charges. There being no response, Mayor Heckscher
declared the Public Hearing closed.
Resolution Confirming Cost Report :
It was moved by ounci man weeney and seconded by Councilman
McDowell that the following Resolution be adopted: _
RESOLUTION NO. 77-7-20-1 , WEED ABATEMENT -
R OLUTION OF THE CITY COUNCIL OF THE I Y
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR WEED ABATEMENT IN THE CITY
OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Sweeney , McDowell, Friess, Nash,
and Mayor Heckscher .
NOES: None
ABSENT; None
IMe Resolution adopts the cost report and orders the charges
to be assessed to the individual properties for 1977 and
directs that a copy of the report be sent to the County
Assessor - Tax Collector for use in entering the assessments
on the County tax rolls.
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li -
2. REZONE 77-7 AND DIVISION OF LAND 77-5 (CREBER) 10
(85) Council received copies of a report dated July 20, 1977, from
Larry Lawrence, Acting Director of Planning, forwarding the
recommendation made by the Planning Commission at their
meeting -of June 28, 1977, that Rezone 77-7 and Division of
Land 77-5 be approved. The request is for a zone change
from GM (Growth" Management) to EL (Large Estate) for approxi-
mately 5 acres of land located on the north side of Ortega
Highway approximately one. mile ease of the San Diego Freeway
and adjacent to the east side of the El Nido Mobile Home Park.
The request includes a subsequent division of the land into
two parcels of 1.6 acres and 3.4 acre4 respectively. The
applicant is Martha E. Creber, Box 397, San Juan Capistrano.
Public Hearing:
ot, ce aving been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in the
audience wished to address the Council. There being no response
Mayor Heckscher declared the Public Hearing closed.
Approval of Rezone 77-7 and
Introduction of Ordinance No. 328:
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 McDowell and seconded
by Councilman Sweeney that the following Ordinance be introduced:
ORDINANCE NO. 328, REZONE 77-7 (CREBER} -
N ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF ASSESSOR' S PARCEL NO. 124-270-04
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell , Friess, Nash,
and Mayor Heckscher,
NOES: None
ABSENT: None
Approval of Division of Land 77-5 and
opAd— tions Resolution No. 77-7-20-T-7
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted:
RESOLUTION NO. 77-7-20-2 , DIVISION OF LAND
77-5 (CREBER) - A RESOLUTION OF THE CITY
COUNCIL Ok E CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING DIVISION OF LAND
77-5 (CREBER)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
The Resolution sets forth the Conditions of Approval for the
subject Division of Land.
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11:1
ORDINANCES
1. RESIDENTIAL TRASH COLLECTION RATES
ADOPTION OF ORDINANCE NO. 325
(45)- The City Attorney read the title of the Ordinance next in order.
Farther reading of all ordinances had been waived earlier in
the Meeting. It was moved by Councilman McDowell and seconded
by Councilman Sweeney that the following Ordinance be adopted:
ORDINANCE NO. 325; TRASH COLLECTION RATES -
AN ORDINANCE OF THE CITYANO,
CALIFORNIA, AMENDING ORDINANCE NO, 223 RELATING
TO CHARGES FOR COLLECTION OF SOLID WASTE FROM
RESIDENTIAL UNITS AND REPEALING ORDINANCE NO.
296
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell , Friess, Nash
and Mayor Heckscher
NOES: .None
ABSENT: None
2. CAPISTRANO AIRPORT
(88) Council received copies of the following items in connection
with proposed regulations and closure of the Capistrano Airport :
(1) Copy of Ordinance No. 326 as introduced at the meeting of
July 6 , 1977, defining and regulating the use and hours of
operation of the Airport ;
(2) Report dated July 20, 1977, from the City Manager entitled
"Regulating Airport Use" forwarding a proposed Resolution
providing for closure of the Airport by June 1, 1978, and
setting forth issues for Council consideration;
(3) Memorandum dated July 20, 1977, from Councilman Sweeney
proposing the expenditure .of $5,000 for a study of alternate
airport locations and the establishment of a Joint Powers
Agency between the City of San Juan Capistrano, the City of
San Clemente, and the County of Orange;
(4) . Memorandum dated July 14, 1977, from the City Attorney
citing the legal implications of closing the Airport, as
requested by Council on July 6th;
(5) Letter dated July 11, 1977, from Bruce F. Winton requesting
a waiver from provisions of the Airport Ordinance to allow
continued use of his twin-engine aircraft .
Ado tion of Ordinance No. 326
egu sting irport Use an ours of Operation:
Councilman McDowell read the title of the ordinance next in order.
Further reading of all ordinances had been waived earlier in the
meeting. It was moved by Councilman McDowell and seconded by
Councilman Sweeney that the following Ordinance be adopted:
ORDINANCE NO. 326 , REGULATING AIRPORT USE -
N ORDINANCE OF THE CITY OF SAN JUAN C PISTRANO,
CALIFORNIA, DEFINING AND REGULATING THE USE AND
HOURS OF OPERATION OF THE CAPISTRANO AIRPORT
RUNWAY AND TAXIWAY, AND REPEALING ORDINANCE NO.
304
I
Discussion ensued, and it was moved by Councilman McDowell and
seconded by Councilman Sweeney to call the question; the motion
and second were subsequently withdrawn.
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112
It was moved by Councilman Nash that a restriction on transient
Aircraft be included in the Ordinance, as originally proposed;
with the inclusion of that amendment , 11ir. Nash stated he would
support delaying final action on. the, Airport closure Resolution
for six weeks so that the proposed committee could study and
report on the memoranda received .from Councilman Sweeney and the
City Manager. There was no. second to the motion.
It was moved by Councilman Friess, seconded by Councilman
Sweeney and unanimously carried to call the question. The vote
on adoption of Ordinance No-. 326 was as follows:
AYES: Councilmen Sweeney, McDowell, Friess and
Mayor Heckscher
NOES: Councilman Nash, who stated for the record
that his vote was in the negative based on the
fact that the Ordinance does not restrict
transient aircraft.
ABSENT: None
A royal of Request for Exemption from
r finance o. Vinton .
it was moved by Councilman McDowell and seconded by Councilman
Sweeney that an exemption be granted to Bruce F. Winton, 601
Del Cerrito, San Clemente, for the use of his twin-engine
aircraft. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, and
Mayor Heckscher
NOES: Councilman Nash
ABSENT: None
Adoptirpon of Resolution No. 77-7-20-3,
ort osure ate:
t was move y : ayor Heckscher; seconded by Councilman Friess
that the following Resolution be adopted, as amended:
RESOLUTION NO. 77-7-20-3 , AIRPORT CLOSURE
ATE - JUNE 1 , 1978 - A RESOLUTION OF THE CITY
COUNCIL OF THE NIT—OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING JUNE 1, 19781 AS THE
CLOSURE DATE OF THE CAPISTRANO AIRPORT
The motion carried by the following vote:
AYES; Councilmen Sweeney, McDowell, Friess, and
Mayor Heckscher
NOES: Councilman Nash
ABSENT: None
The Resolution contains the following provisions:
(1) Closure of the airport to the public for aircraft usage
by June 1 1978;
(2) Prior to June 1, 1978, the City reserves the right to,
and at anytime may, extend the date of closure by quarterly
increments in the event efforts to locate and establish a
new airport site in the South Orange .County area would be
benefitted thereby.
(3) The City will assist in efforts to locate and establish a
new airport site in the South Orange County area.
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113 ,�
pro osed Jooint Powers Agency for
ocat on ternateirpor te:
With e concurrence of the council , Mayor Heckscher directed
that the item be placed on a future Agenda for further report
on the following items pursuant to Mr. Sweeney's memorandum
of July 20, 1977 :
(1) A determination of how soon a committee could be formed;
(2) A determination of whether the assistance of an outside
expert would be useful in addressing the entire issue,
including relocation of the Airport .
The report is also to include a determination of the
desirability of preparation of an Environmental Impact
Report.
3. REGULATING CABLE TELEVISION SYSTEMS
(43) Council received copies of a report dated July 20, 1977 , from
the Assistant City Manager forwarding copies of Ordinance No.
327, as introduced on July 6 , 1977. Mr. Ed Dowgialo, cable
television consultant for the City, addressed the Council.
Council members suggested that the following amendments be
made to the Ordinance:
(1) Page 8, Section 9, Paragraph (C) , add: "The signature of.
a City official may be accepted in lieu of that of a
certified public accountant ; "
(2) Page 9, Section 10, Paragraph (A) , change the term from
10 years to 12 years;
(3) Page 19, delete Paragraph (F) ;
(4) Page 21, Subparagraph (4) (ii) , the first sentence is to
read, "The Council shall approve or disapprove any .
increase or decrease of the basic service rates or establish
additional basic service areas. . ."
(5) Page 22, Subparagraph (g) , change the amortization period
from not less than 20 years to not less than 12 years.
(6) Page 28, Section 20,. Paragraphs (A) and (B) , combine both
sections into one section providing for Council determination
of grantee at a public hearing.
Re-Introduction of Ordinance No. 327 :
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 McDowell and seconded
by Councilman Sweeney that the following Ordinance be
re-introduced due to substantive changes:
ORDINANCE NO. 327 CABLE TELEVISION SYSTEMS
AN ORDINANCE THE CITY OF bAN JUAN CAPI RANO,
CALIFORNIA, ESTABLISHING RULES AND REGULATIONS
FOR CABLE TELEVISION SYSTEMS
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
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r Y 416
:.
4. AMENDMENT TO LAND USE MANAGEMENT CODE
RE DEVELOPMENT FEES
(55) Council received copies of a report dated July 20, 1977, from
the Director of Public Works forwarding a proposed ordinance
amending Section 2.3.18 of the Land Use Management Code.
Introduction of Ordinance No. 329:
The City Attorney ren a tit a of the Ordinance next in order.
Further reading of. all ordihancos had- been waived earlier .in the
meeting. It was moved by Councilman McDowell and seconded by
Councilman Friess that the following Ordinance be introduced :
ORDINANCENO. 329 DEVELOPMENT FEES AND BONDS -
I HE CITY OF SAN JUANI O,
CALIFORNIA, ESTABLISHING FEES, SECURITY, AND
PROVIDING FOR THE COLLECTION THEREOF, AMENDING
ORDINANCE NO. 293
The motion carried by the following vote :
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:10 P.M. and reconvened at 9 :27 P. M.
RESOLUTIONS
1. CITY TAX RATE, FISCAL YEAR 1977-78
(86) Council received copies of a report dated July 10, 1977, from
the Assistant City Manager setting forth several alternatives
for the City tax rate for fiscal year 1977-78. The City's total
assessed valuation has recently increased approximately 30% to
. 90 million dollars.
It was moved by Councilman Friess and seconded by Councilman
Nash that the following Resolution be adopted:
RESOLUTION NO. 77-7-20-4 , 1977-78 CITY TAX
RATE - A RESOLUTION OF THE CITYCOUNCIL OF
TTY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING AND IMPOSING THE AD VALOREM
TAX RATE FOR FISCAL YEAR 1977-78 AT EIGHTY-
NINE CENTS ($0.89) PER ONE HUNDRED DOLLARS
($100.00) OF ASSESSED VALUE
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
The tax rate, which represents a $0.10 reduction from the
1976-77 rate, is established as follows :
General Fund : $0.82
General Obligation -
Bond Redemption: 0.07
Total $0.89
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BIDS, CONTRACTS , AGREEMENTS
1., CITY LIABILITY AND FIRE INSURANCE COVERAGE -
AUTHORIZATION TO ACCEPT IN ER
(49) Council received copies of a report dated July 20, 1977, from
the Assistant City Manager advising that competitive bids are
being secured for the City' s liability and fire insurance,
which expires on July 31, 1977.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to authorize the City staff
to accept the low qualified bidder 's insurance binder for the
period August 1, 1977 , until Council action at the meeting of
August 3, 1977, said binder to include coverage in connection
with the Capistrano Airport operation.
CONSENT CALENDAR
It was moved by Councilman :McDowell and seconded by Councilman
Sweemey that the staff recommendations be accepted for the following
items listed on the Consent Calendar. The motion carried by the
following vote:
AYES : Councilmen Sweeney, _ McDowell, Friess, Nash, and
Mayor Heckscher
NOES: None
ABSENT: None
1. CITY TREASURER' S REPORT OF INVESTMENTS
AS OF JUNE 30, 1977
(41) The City Treasurer's Report of Investments as of June 30, 1977,
is approved as submitted.
2. ' CITY TREASURER' S REPORT OF 1911 ACT BOND
ELINQUENCIES AS OF JUNE 30, 1977
(41) . The City Treasurer's Report of 1911 Act Bond Delinquencies as
of June 30, 1977, is approved as submitted.
3. CITY TREASURER' S REPORT OF FUND CASH BALANCES
SOF MAY 31, 1977
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the eleven-month period ending May 31, 1977, is approved
as submitted.
4. . RESOLUTION COMMEMORATING ELIZABETH FORSTER
(36) The following Resolution is adopted:
RESOLUTION NO. 77-7-20-5, COMMEMORATING
ELIZABETHTE - A RESOLUTI N
OF E CITY UTNCILO TIE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMEMORATING
ELIZABETH "BETTY" FORSTER
Mrs. Forster, a pioneer resident and active community participant ,
passed away on June 29 , 1977.
5. TRAFFIC SIGNAL INSTALLATION - DEL OBISPO STREET/
PASEO ADEL INTO - PROV INE EXTENSION
(827 Change Order No. 3 , requested by Galland Electric , for a 20-day
extension of time for the installation of the traffic signal at
the intersection of Del Obispo Street and Paseo Adelanto is
approved. The extension is a result of delays in material
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. -116
delivery; the new date of project completion is- August 15, 1977.
S. AGREEMENT FOR CONSULTANT ENGINEERING SERVICES -
: I O CAPISTRANO UTILITYUN E G I G I I
(UTILITYPLANNING, I
(90) The Agreement between the City and Utility Planning, Inc. , of
Irvine, California , for consultant engineering services in the
administration, design, and construction phases of the Camino
Capistrano Utility Undergounding District , is approved; the
Mayor is authorized to execute the Agreement on behalf of the
City, and the City Clerk to attest thereto.
APPROVAL OF WARRANTS
(41) After clarification, it was moved by Councilman McDowell,
seconded by Councilman Friess and unanimously carried to approve
the List of Demands dated July 20, 1977 , Warrants Nos. 11656
through 11764 , inclusive, and 1911 Act Warrants Nos. 0206, 0207,
0208, and 0209, in the total amount of $230,456.31.
REPORT OF PLANNING COMMISSION MEETING OF JULY 12, 1977
(67) This item was removed from the Consent Calendar for the purpose
of discussing the change of zoning from residential to commercial-
recreational on the Van Roekel property which is located on
County property adjacent to the north City limits. The City
had opposed the zone change for the area, which lies within
the City 's sphere of influence, as had residents of Spotted
Bull Lane.
With the concurrence of the Council and at the suggestion of
Councilman Sweeney, Mayor Heckscher directed the City Attorney
to report back on the feasibility of filing an injunction -with
regard to County approval of recreational land use within the
City's sphere of influence.
It was moved by Councilman. McDowell, seconded by Councilman
Sweeney and unanimously carried to order the Report of the
Planning Commission Meeting of July 12, 1977, received and filed.
APPROVAL OF EQUESTRIAN COMMISSION BYLAWS
(23) Council received copies of a report dated July 20, 1977, from
the City Clerk forwarding the Bylaws of the Equestrian Commission,
as approved at their meeting of July 11, 1977. Commission ByLaws
require final approval by the City Council , pursuant to
Ordinance No. 321.
Mayor Heckscher requested that the following wording be. added
to Paragraph (3) of the stated Purpose: . and to coordinate
the same with the Parks and Recreation Commission."
It was moved by Councilman Sweeney, seconded by Mayor Heckscher
and unanimously carried that the Equestrian Commission ByLaws
be approved with the inclusion of the above-mentioned addition.
PLANNING COMMISSION
1. RESIDENTIAL GROWTH MANAGEMENT -
PROPO ED AMENDMENT TO OR IN E NO. 314 RE ANNEXATIONS
(28) Council received copies of a report dated July 6 , 1977 , from
the Director of Planning regarding residential unit allocations
for annexed projects pursuant to the Growth Management Ordinance.
After discussion and with the concurrence of Council , Mayor
Heckscher directed that Mr. Lawrence report further on the
matter prior to the setting of a Public Hearing before the
Council , said report to include provisions for Council flexibility
-10- 7/20/77
in the event annexation becomes desirable.
AGRICULTURAL PRESERVATION COMMITTEE
1. RESOLUTION ESTABLISHING REGULATIONS AND
PROCEDURES lUff W ILLI BISON ACT CONNTRAM
(68) Council received copies of a report dated July 6 , 1977 , from
Councilman Nash', Chairman of the Agriculture Preservation
Committee, forwarding the following materials:
(1) Resolution for the Administration of Agricultural Preserves
with the following Exhibits:
Exhibit A - maps designating preserve areas
Exhibit B - Williamson Act Form Contract
Exhibit C - List of Allowable and Related Uses
Exhibit D - Application Form for Williamson Contract and
Checklist
(2) Memorandum setting forth financial aspects of the
Williamson Act
Councilman Nash advised that the Resolution and Exhibits
provide the mechanism for bringing tax assessments in line with
actual agricultural value of the land. Pursuant tothe Land
Conservation Act of 1965, the Resolution adopts rules governing
the administration of such preserves, including procedures for
initiating, filing, and processing requests to establish
individual agricultural preserves.
Adoption of Resolution No. 77-7-20-6:
It was moved by Councilman Nash and seconded by Councilman Friess
that the following Resolution be adopted:
RESOLUTION NO. 77-7-20-6. ADMINISTRATION OF
AGRICULTURAL PRESERVES - A RESOLFT-IONOF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING RULES FOR THE PROCESSING AND ADMINISTRATION
OF AGRICULTURAL PRESERVE CONTRACTS
The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Nash, and
Mayor Heckscher
NOES: Councilman Sweeney
ABSENT: None
Invitations to Property Owners:
It was moved by Councilman Nash and seconded by Councilman Friess
to authorize the issuance of invitations to farmers in the
agriculture preserve to enter into Williamson Act agreements
with the City. The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Nash, and
Mayor Heckscher
NOES: Councilman Sweeney
ABSENT: None
2. FENCING OF AGRICULTURE AREA (KINOSHITA)
(68) Council received copies of a report dated .July 6, 1977 , from
the Agriculture Preservation Committee forwarding a letter
dated June 6, 1977 , from Shigeru Kinoshita requesting assistance
in fencing two areas of his property subject to recurrent
vandalism and trespassing. The fencing is proposed to surround
the well sites to the east of Alipaz Street at the intersection
of Camino del Avion. Additional fencing would be placed aligning
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118
Alipaz Street to the storm drain on Camino del Avion. The
- proposed fencing would be within City right-of-way; the cost
is estimated at $2,800 which would be paid from the Agriculture
Preservation Fund, Councilman Sweeney noted that the fencing
should have been included in the alignment project for Alipaz
Street.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to authorize the City Manager
and staff to proceed with the project subject to coordinating
the improvements with Mr. Kinoshita; expenditure of an amuunt
not to exceed $2,800 is authorized.
3. REPORT ON COASTAL COMMISSION RESTRICTIONS
(68) Council received copies of a report dated July 6, 1977, from
Councilman Nash, Chairman of the Agriculture Preservation
Committee, forwarding the following:
(1) Proposed letter addressed to the California Coastal Zone
Conservation Commission requesting that the City be granted
authority to administer Condition #2, Agriculture Lands,
on the Southeast Regional Reclamation Authority 's (SERRA)
Permit #A-62-76;
(2) Report setting forth the City 's position on Agriculture
Preservation, Planning Policies and Ordinances , and proposed
plan to allow the City to administer the condition which
affects approximately 1200 acres of land.
The City's request includes : (1) Designation of the City as the
final "permit granting" authority in all lands subject to
• Condition #2, but which lie outside of the City' s 230-acre
agriculture preserve area; (2) the Coastal Commission to •remain
the "permit granting" authority for all lands within the 230-
acre preserve area; and, (3) the City's Growth Management
Ordinance, Land Use Management Code, General Plan , and other
adopted planning regulations to be used by the City to determine
the timing of sewer connection permits in the areas under the
City's jurisdiction.
Council also received copies of a memorandum dated July 20, 1977,
from Loretta Murray , Administrative Assistant, regarding the
request of SERRA that Condition #2 be repealed. Ms. Murray
advised that at a Public Hearing on July 19, 1977 , the Commission
consensus was that the matter be discussed further at a subsequent
meeting to be scheduled in mid August .
It was moved by Councilman Nash and seconded by Councilman
Friess to approve the recommendation of the Agriculture Preserva-
tion Commission and accept the proposed plan to designate the
City as the permit granting authority for all lands subject to
the Condition but which lie outside the 230-acre preserve; to
reserve the permit granting authority to the Coastal Commission
for the lands within the City's 230-acre preserve; and, to
authorize the City Manager to forward the above-mentioned letter
and report to the Coastal. Commission. The motion carried by
the following vote:
AYES : Councilmen Friess, Nash, and Mayor Heckscher
NOES: Councilmen Sweeney and McDowell
ABSENT: None
4, ORANGE COUNTY AGRICULTURE TASK FORCE REPORT
(68) It was the consensus of the Council that this item be held over
for consideration at the next regular meeting.
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119
COBNCIL ACTIONS
1. NOMINATION TO ORANGE COUNTY HUMAN RELATIONS COMMISSION
(56) Ms. Maria Allegre, 26236 Via de Gavilan, addressed the Council
to advise .that she had been working unofficially with the
Commission on employment and education committees.
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried to nominate Maria Allegre to
the Human Relations Commission of Orange County.
. COUNCIL REMARKS
Council Members referred briefly to the following items: appointment
of a delegate to the Orange County Health Planning Council ; proposal
for Councilmanic Districts; ridgeline construction in the Meredith
development ; possible downtown parking area across from the Mission;
Commercial/Industrial Incentives Committee questionnaires.
EXECUTIVE SESSION
Council recessed to an Executive Session at 11 :03 P.M. for the purpose
of discussing legal matters, the City Clerk being excused therefrom,
and reconvened at 11 :23 P.M.
ADJOURNMENT
There being no further business before the Council , the meeting was
adjourned at 11 : 25 P.M. to the next regular meeting date of Wednesday,
August 3 , 1977, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
MARY ANN VER, CITY CLERK
ATTEST:
YVON 0. HECKSCHER, MAYOR
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