77-0907_CC_Minutes_Regular Meeting14 7 SEPTEMBER 7, 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 Pro Tem Friess
at 7:08 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Inovcation was given by Pastor Harold J.
Lickey, Seventh-Day Adventist Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor pro tem
Richard D. McDowell, Councilman
Douglas B. Nasn, Councilman
John B. Sweeney, Councilman
ABSENT: Yvon O. Heckscher, Mayor
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; Thomas G. Merrell,
Director of Community Planning and Development; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of August 17, 1977:
It was moved by Councilman McDowell and seconded by Councilman Nash
that the Minutes of the Regular Meeting of August 17, 1977, be approved
as submitted. The motion carried by the following vo_te:
AYES: Councilmen McDowell, Nash and
Mayor pro tem Friess
NOES: None
ABSTAIN: Councilman Sweeney
ABSENT: Mayor Heckscher
MOTION TO READ BY TIT7,E ONLY
It was moved by Councilman Nash and seconded by Councilman Sweeney
that all ordinances be read by title only. The motion carried by the
following vote:
AYES: Councilmen Sweeney, McDowell, Nash and
Mayor pro tem Friess
NOES: None
ABSENT: Mayor Heckscher
ORAL COMMUNICATIONS
1. INITIATIVE PETITIONS -
PROPOSED COUNCILMANIC DISTRICTS (SAN JUAN CAPISTRANO
rTTT7PMC PnP DPCDnMCTX7P nnN7PDMMPMT)
(40) Mr. Bernie Matthey, 33861 Calle Acordarse, Chairman, San Juan
Capistrano Concerned Citizens for Responsive Government, addressed
the Council and advised that initiative petitions had been presented
to the City Clerk this date containing 1409 signatures in support
of an election to consider adoption of an ordinance which would
divide the City into 7 districts for the purpose of electing
Members of the City Council. Mr. Matthey requested that upon
verification of the signatures, Council either adopt the ordinance
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148
or call a special election for December 6, 1977. Council may
either adopt the ordinance, set a special election, or place
the matter before the voters in conjunction with the general
municipal election to be held March 7, 1978.
Michael Berns, 26921 Canyon Crest Road, addressed the Council
in favor of placing the question on the March 7, 1978, ballot
along with alternative measures.
2. APPEAL OF PLANNING COMMISSION DECISION
RE FENCE HEIGHT. TRACT 7274 (CASAS CA
(85) Mr. Warren Gage, 31392 Paseo Sereno, representing the Casas
Capistrano Association, Inc., addressed the Council to request
that approval of a fence height reduction for 3 lots in
Tract 7274 be referred back to the Planning Commission for
further consideration. The item appears on the Agenda as an
appeal of Planning Commission action of August 23, 1977.
Mr. Merrell advised that the matter could be reconsidered
by the Commission.
Robert Davies, Chairman of the Planning Commission, addressed
the Council to urge that a decision be made.
It was moved by Councilman Nash that a Public Hearing be set
for September 21, 1977, to hear the appeal. The motion died
for lack of a second.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell to refer the matter to the Planning Commission for
review, resolution and disposition. The motion carried by the
following vote:
AYES: Councilmen Sweeney, McDowell, and
Mayor pro tem Friess
NOES: Councilman Nash
ABSENT: Mayor Heckscher
Since a Public Hearing date was not established, the $25.00
appeal fee will be refunded to the applicant.
Mr. Al Seeger, 31131 Via Santo Tomas, addressed the Council
regarding view obstructions due to fence heights, trees and
shrubbery.
3. LOS RIOS AREA LAND USE
(DEL OBISPO LAND CORPORATION)
(23) Mr. Greg Strictland, 424 North E1 Camino Real, San Clemente,
representing the Del Obispo Land Corporation, addressed the
Council to request determination of interior land use of the
3 parcels fronting Del Obispo Street within the Los Rios Area.
Mr. Strictland noted a recommendation that the third parcel on
the site remain in open space with collateral parking. Mr. Merrell
advised that the first public hearings on the Los Rios Area would
commence in 30 days, and Mayor pro tem Friess suggested that
Mr. Strictland discuss the matter with Mr. Merrell.
4. DEVELOPMENT FEES AND BONDS -
PROPOSED AMENDMENTS
(55) Marilyn Williams, President, Capistrano Community Affairs
Council, addressed the Council in opposition to proposed
increases in development fees, current building requirements,
and the number of building permits issued during the first
part of 1977.
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149
PUBLIC HEARINGS
1. STORER CABLE TELEVISION, INC. -
REQUEST FOR RATE INCREASES AND NEW FRANCHISE
(43) Proposal:
(1) Adjustments to residential and commercial rate schedules
for cable television service including the following
increases in monthly service charges:
Residential: First outlet, from $6.00 to $7.50;
additional outlets, from $2.00 to $2.50.
Commercial: First outlet, from $6.00 to $7.50;
additional outlets from $2.00 to $3.75 per room.
(2) New franchise.
(3) Request for exceptions to the Cable TV Ordinance,
including certification of revenue figures by Storer's
controller; 15 -year franchise term; re -instatement of
Section 15 (F) re rights of Grantee; payment by Storer
of audit of franchise payments only if the change is
2% or higher.
Applicant:
Storer Cable TV, Inc., 27392 Camino Capistrano, Laguna
Niguel 92677.
Written Communications:
(1) Report dated September 7, 1977, from the Assistant City
Manager setting forth a chronology of events and citing
the items to be ccnsidered; i.e., quality of service,
exceptions to Cable Television Ordinance No. 327, and
the proposed rate schedules;
(2) Letters dated August 1, and 25, 1977, from Storer
Cable TV and supporting documents;
(3) Proposed Ordinance granting non-exclusive franchise
and Ordinance exhibits.
Mr. O'Sullivan advised that Page 4 of the Specifications is
to contain the following corrections:
(1) Insert a new Paragraph 4, d, as follows:
Multiple Apartments - In case of multiple apartments
containing ten or more units, if there is one billing
and 100% of the residents receive cable television
service, those residents would be entitled to a 10%
discount.
Public Hearing:
Notice having been given as required, Mayor pro tem Friess
declared the Public Hearing open on the request of Storer Cable
TV, Inc., for rate increases, new franchise, and exceptions
to Ordinance No. 327 and inquired if anyone in the audience
wished to address the Council. The following persons responded:
(1) Larry Dent, representing Storer Cable TV, Inc., spoke in
favor of the proposal. Mr. Dent also suggested that the
following provisions should be included in the franchise:
the amount of the franchise fee and map of the franchise
area indicating future areas.
(2) Robert Davies, Director, Casa de Capistrano Homeowners
Association, advised that the Association is conducting
a'survey of exterior CATV installations.
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1.50
There being no one else wishing to address the Council, Mayor
pro tem Friess declared the Public Hearing closed with the
right to re -open at any time.
Amendments to Franchise and Ordinance No. 327:
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried that the following amendments be made
to the proposed Franchise documents:
(1) Payment of Franchise Fee: A new Section 5 is to be added
to the proposed Franchise Ordinance, as follows:
"Section 5
"In accordance with Section 9 of Ordinance 327, the Grantee
shall, during the life of this franchise, pay quarterly to
the City of San Juan Capistrano, in lawful money of the
United States, three percent (3%) of the gross annual
receipts of the Grantee arising from the use, operation
or possession of this franchise. Payment of the fees
herein set forth shall begin at once at the beginning of
this franchise as to the percentage of gross receipts.
"The Grantee shall file with the City Clerk of the City
of San Juan Capistrano within three (3) months after the
expiration of the City's fiscal year, or fractional fiscal
year, following the effective date of the ordinance granting
this franchise, and within three (3) months after the
expiration of each and every fiscal year thereafter, a duly
verified statement showing in detail the total gross receipts
of said grantee during the preceding fiscal year, arising
from the use, operation or possession of this franchise.
Within fifteen (15) days after the time for filing the
aforesaid statement, the Grantee shall pay to the City
Treasurer of the City of San Juan Capistrano, in lawful
money of the United States, the aforesaid three percent
(3%) of its gross receipts arising from the use, operation
or possession of this franchise during said preceding fiscal
year, or such fractional fiscal year."
(2) Service Area: A new section is to be added to the
Specifications, Exhibit "C" as follows:
"Section 11 - Service Area
"The Grantee's service area is as designated on Exhibit A
of this franchise. In addition, the Grantee is authorized
to extend its trunk lines, feeder lines and head end system
in order to comply with Item 1 under Extension of Services,
Page 1 of these specifications. Nothing in these specifi-
cations, however, is to be construed to contradict Section 3,
Paragraph A, of Ordinance 327 which says: "Addition or
deletion to the designated service area will be made only
upon the prior authorization of the City Council ."
(3) Equipment Installations in Landscaped Rights -of -Way: A
new section is to be added to the Specifications,
Exhibit "C" as follows:
"Section 12 - Alterations of Cable TV Equipment in Public
Utility Easements
"Whenever it is necessary for the Grantee to excavate or make
any other substantial alteration in the appearance of the
public right-of-way, the Grantee shall notify affected
adjacent property owners prior to such excavation or alteration."
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(4) Certification of Revenue Figures: A new section is to be
added to the Specifications, Exhibit "C" as follows:
"Section 13 - Certification of Revenue Figures
"Grantee is hereby authorized to have its financial controller
certify the revenue figures in the preparation of the
annual franchise report called for in Section 9(C) of
Ordinance 327."
(5) Term of Franchise: The term of the franchise is set at
12 years from the date of acceptance.
Council concurred with the following document modifications:
(1) Inclusion in the Ordinance of Section 15 (F), "Rights _
• of Grantee."
(2) Inclusion in the Ordinance of Section 9 (E), "Audit" to
provide for payment by Grantee when an audit results in
increasing the annual payment to the City by more than
28.
(3) Inclusion of a new Paragraph 4. d. in the Specifications
regarding multiple apartment discounts.
(4) Amendments to Rate Schedules, as requested by Storer.
Introduction of Ordinance No. 333:
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
as amended:
ORDINANCE NO. 333, STORER CABLE TV, INC., FRANCHISE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
GRANTING TO STORER CABLE TV, INC., A CALIFORNIA CORPORATION,
A NON-EXCLUSIVE FRANCHISE TO INSTALL, CONSTRUCT AND MAINTAIN
A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN JUAN
CAPISTRANO, REPEALING ORDINANCES NOS. 108 AND 150 AND
AMENDING ORDINANCE NO. 327.
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash and
Mayor pro tem Friess
NOES: None
ABSENT: Mayor Heckscher
2. AMENDMENT TO RESIDENTIAL GROWTH MANAGEMENT
ORDINANCE NO. 314 RE ANNEXED PROJECTS
(28) Proposed Amendments:
(1) The Numerical Limit shall be set at no more than 400
units per year for land already within the City.
(2) Annexed projects will be allocated and phased separately
from in -City projects.
(3) The combined total of yearly allocations to be annexed
and in -City projects may exceed 400 units. However,
additional allocations above the Numerical Limit granted
to annexed projects shall not exceed the number of acres
in such projects.
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Written Communications: 5 2
Report dated September 7, 1977, from the Director of Community
Planning and Development.
Public Hevinaring:
Notice hag been given as required, Mayor pro tem Friess
declared the Public Hearing open on proposed amendments to
Ordinance No. 314 and inquired if anyone in the audience wished
to address the Council. The following persons responded in
opposition to the proposed Ordinance:
(1) Marilyn Williams, President, Capistrano Community Affairs
Council, stated that the Ordinance creates a double
standard, particularly the last sentence of Section C.3.,
which reads that annexed projects shall not be subject
to the project rating and competitive evaluation requirements.
(2) Robert Davies, 29391 Edgewood Road, San Juan Capistrano.
There being no one else wishing to address the Council, Mayor
pro tem Friess declared the Public Hearing closed.
Introduction of Ordinance No. 334:
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 Nash and seconded by
Councilman Sweeney that Ordinance No. 334 be introduced with
the deletion of the second sentence of Paragraph C.3., which
reads, "However, since such projects shall be phased separately
from in -City projects, they shall not be subject to the project
rating and competitive evaluation requirements of Section 5;"
the title of the Ordinance is also to be amended to reflect
"territories to be annexed.":
ORDINANCE NO. 334, RESIDENTIAL GROWTH MANAGEMENT
AMENDMENT - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 314
(RESIDENTIAL GROWTH MANAGEMENT)
The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash and
Mayor pro tem Friess
NOES: Councilman McDowell
ABSENT: Mayor Heckscher
Councilman Sweeney stated for the record that despite serious
hesitations regarding growth management, an annexation policy
is needed; conformance with the project rating scale would be
considered in conjunction with proposed annexations to determine
whether there is any value in such annexations.
RECESS AND RECONVENE
Council recessed at 9:20 P.M. and reconvened at 9:27 P.M.
ORDINANCES
1. PROPOSED AMENDMENT TO ORDINANCE NO. 293 -
DEVELOPMENT FEES AND BONDS, AND RESOLUTION
ESTABLISHING FEES
(55) Proposed Amendments:
inclusion of fee structure for growth management items; i.e.,
Conceptual Development Plan Fee; filing fees for Tentative
Parcels or Maps exempt from Growth Management; Residential
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1 rejects where a subdivision map is not required. Further
proposed amendments include creation of a swimming pool deposit
and various increases in current fees.
Written Communications:
Report dated September 7, 1977, from the Assistant City Manager.
With the concurrence of Council, Mayor pro tem Friess directed
that consideration of the proposed amendments be held over
until the Council meeting of October 19, 1977.
2. MUNICIPAL CODE
AMENDMENTS
(55) Proposed Repeal:
Superseded ordinances dealing with intoxication, retirement
plan, handbill franchise, election campaign contributions.
Proposed Amendment:
Traffic Ordinance to conform with California Vehicle Code.
Written Communications:
Report dated September 7, 1977, from the City Clerk.
With the concurrence of Council, Mayor pro tem Friess directed
that consideration of this item be held over for report from
staff regarding possible revision to the ordinances dealing
with election campaign contributions rather than repeal.
RESOLUTIONS
1. DOWNTOWN PLAZA AND PARKING STUDY STEERING COMMITTEE
(23) Council received copies of a report dated September 7, 1977,
from the City Manager forwarding a proposed Resolution forming
a Downtown Plaza and Parking Study Steering Committee. It was
moved by Councilman Sweeney and seconded by Councilman McDowell
that the following Resolution be adopted with the second sentence
of Paragraph D, Organization, reading, "Both positions shall
be selected by the Committee:"
RESOLUTION NO. 77-9-7-1, ESTABLISHING A "DOWNTOWN
PLAZA AND PARKING STUDY" STEERING COMMITTEE - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY ('F SAN
JUAN CAPISTRANO, CALIFORNIA, CREATING AND ESTABLISHING
POWERS AND RESPONSIBILITIES FOR THE DOWNTOWN PLAZA AND
PARKING STUDY STEERING COMMITTEE
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash and
Mayor pro tem Friess
NOES: None
ABSENT: Mayor Heckscher
CONSENT CALENDAR
It was moved by Councilman McDowell and seconded by Councilman Sweeney
that the staff recommendations be accepted with regard to the following
items listed on the Consent Calendar; the proposed amendment to the
City's Law Enforcement Services Contract is withdrawn from the Agenda.
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash and
Mayor pro tem Friess
NOES: None
ABSENT: Mayor Heckscher
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154
1. APPROVAL OF WARRANTS
(41) The List of Demands dated September 7, 1977, Warrants Nos.
11992 through 12145, inclusive, and 1911 Act Warrants Nos.
0211, 0212, and 0213, in the total amount of $541,302.80, is
approved as submitted.
2. TRACT 8469 - RELEASE OF
ION BOND
(85) Subdivision Monument Bond No. SC7110420
held by The American Insurance Company
connection with Tract 8460 is released.
3. TRACT 9795 - APPROVAL OF FINAL MAP
(JACK LOVE)
in the amount of $5,000
for monumentation in
(85) The Final Map for Tract 9795 has been reviewed and found
acceptable for recordation; all fees have been paid; all
Planning Commission conditions of approval have been met.
The developer is Jack Love, 33051 Calle Aviador, San Juan
Capistrano 92675. The following actions are approved:
(1) Approval of Final Map for Tract 9795, determining that
said Map is consistent with the General Plan and in
substantial compliance with the approved Tentative Map;
(2) Approval of Subdivision Agreement between the City and
Jack Love providing for the postponement of the
requirement to install public improvements, said improve-
ments to be completed within 365 days. The Mayor is
authorized to execute the Agreement on behalf of the City
and the City Clerk to attest thereto.
4. EXTENSION OF AGREEMENT FOR SLUDGE
(GOLDEN WEST FERTILIZER COMPANY)
(79) The Agreement for Sludge Removal between the City and Golden
West Fertilizer Company, 8011 Irvine Boulevard, Santa Ana, at
a cost of $89.77 per load is approved for the period October 1,
1977, to November 30, 1977. The Mayor is authorized to execute
the Agreement on behalf of the City and the City Clerk to
attest thereto.
5. RESOLUTION ESTABLISHING MANAGEMENT SALARIES
(66) The following Resolution is adopted:
RESOLUTION NO. 77-9-7-2, ESTABLISHING MANAGEMENT SALARIES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING MANAGMENET SALARIES
FOR THE FISCAL YEAR 1977-78
The Resolution provides for five percent increa3es retroactive
to July 1, 1977; performance evaluation by the City Manager
prior to November 1, 1977, for recommendation on additional
increases of three and four -tenths percent; increases in
disability benefits to two-thirds of monthly salary to a
maximum of $2,250; increases in life insurance benefits to
1.5 times annual salary to a maximum of $50,000.
6. RESOLUTION COMMENDING WILLIAM WEISGERBER
(36) The following Resolution is adopted:
RESOLUTION NO. 77-9-7-3, COMMENDING WILLIAM WEISGERBER -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, COMMENDING ARCHITECTURAL BOARD OF
REVIEW MEMBER WILLIAM H. WEISGERBER
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155
7. RESOLUTION AMENDING FISCAL BUDGET FOR LEASE OF
MAG CARD TYPEWRITER, DEPARTMENT OF COMMUNITY
PLANNING AND DEVELOPMENT
(24)The following Resolution is adopted:
NO. 77-9-7-4, 1977-78 BUDGET AMENDMENT -
LEASE OF MAG CARD TYPEWRITER - A RESOLUTION OF Z
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE BUDGET FOR 1977-78
FISCAL YEAR
The Resolution authorizes the transfer of $2,000 from the
General Fund surplus for lease of a Mag Card A Typewriter to
the Department of Community Planning and Development,
Account 3020, due to the addition of a Land Use Coordinator -
position and the business license function.
8. RESOLUTION AUTHORIZING EXPENDITURE FOR JOINT
URANLE xlax
(49) The following Resolution is adopted:
RESOLUTION NO. 77-9-7-5, INSURANCE COVERAGE - JOINT
POWERS AGREEMENT - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO
PROVIDE PARTIAL FINANCIAL SUPPORT TOWARD CREATION OF
A JOINT POWERS AGENCY THAT WILL MINIMIZE THE COST OF
CERTAIN RISKS FOR ORANGE COUNTY CITIES
The Resolution authorizes the expenditure of $500 as the City's
share of the consultant fees for the preparation of a Joint
Powers Agreement and compilation of quotes for excess insurance
coverage, claims administration and risk management services.
The end result would be the establishment of a pool of funds
for use as a limited self-insurance program for medical,
workman's compensation, liability, property, and other forms
of insurance.
9. HOME WARRANTY PROGRAM - APPROVAL OF
EXEMPTIONS TO ORDINANCE NO. 294
(49) The following requests for exemption from the Home Warranty
Program, Ordinance No. %:94, are approved pursuant to Section 6
thereof, and the proposals are found to be acceptable alter-
natives to the City's Home Warranty Program:
(1) Building Services Contract proposed by Farr and Stone
Insurance Brokers, 600 South Commonwealth Avenue,
Suite 1204, Los Angeles, with the understanding that
the developer and/or builder will cover the $100
deductible for the first three years of the five-year
guarantee period; _
(2) Homeowners Warranty (HOW) Program proposed by Corrales
Estates, 10509 San Diego Mission Road, Suite A, San
Diego 92108, for Tracts 9373 and 7654.
10. CLAIM AGAINST THE CITY - RICHARD ZELL, ET AL.
(35) The Claim filed by James M. Martin, Attorney at Law, on behalf
of the Richard Zell family for injury and loss in connection
with the airplane crash on May 28, 1977, is denied and referred
to the City's insurance carrier, Dan Gorman Insurance.
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156
11. CLAIM AGAINST THE CITY - CAPISTRANO
FLYING SERVICE
(35) The Claim filed by Richard B. Coye, Capistrano Flying Service,
for damages in connection with the actions of an,airport
security guard employed by S.I.S. Temporary Services is
denied and referred to the City's insurance carrier, Dan Gorman
Insurance.
12. LOS RIOS AREA PRECISE PLAN - AUTHORIZATION
(23) The Director of Community Planning and Development is authorized
to expend the balance of $4,105 remaining in the Los Rios
Precise Plan Study fund for consultant preparation of the Los
Rios Precise Plan Environmental Impact Report.
After discussion, it was moved by Councilman Nash, seconded by
Councilman Sweeney and unanimously carried that the staff recom-
mendations be accepted with regard to the following Consent Calendar
items:
13. REPORT OF PLANNING COMMISSION MEETING
OF AUGUST 23, 1977
(67) The Report of actions taken by the Planning Commission at its
meeting of August 23, 1977, is ordered received and filed.
14. APPROVAL OF TREE REMOVAL PERMIT
TRACT 7673 (MAURER DEVELOPMENT)
(85) Approval of the tree removal permit
and 3 ash trees located within Tract
clearing operations.
15. APPROVAL OF TREE REMOVAL PERMIT,
TRACT 8485 (MAURER DEVELOPMENT)
is confirmed for all citrus
7673 in order to commence
(85) Approval of the tree removal permit is confirmed for all citrus
and 33 non -citrus located within Tract 8485 in order to commence
clearing operations.
16. APPROVAL OF TREE REMOVAL PERMIT,
TRACT 9382 (MAURER DEVELOPMENT)
(85) Approval of the tree removal permit is confirmed for 12 eucalyptus
and oak trees and the relocation of 5 palm trees within Tract 9382
in order to commence clearing operations.
17. APPROVAL OF TREE REMOVAL PERMIT,
TRACT 9682 (COOK)
(85) Approval of the tree removal permit is confirmed for 24 orange
and 3 avocado trees located within Tract 9682 for the purpose
of constructing sewerline and street improvements to Calle
Ricardo.
18. APPROVAL OF TREE REMOVAL PERMIT
(85) Approval of the tree removal permits is confirmed for Tract 9373
in order to commence grading operations and for Tract 7654
in order to install an access road and stockpile.
19. APPROVAL OF TREE REMOVAL PERMIT,
TRACT 9204 (TIERRA DEL CABALLO)
(85) Approval of the tree removal permit is confirmed for 7
non -citrus trees and tr.e existing orange trees within
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5Tract 9204 due to the location of the non -citrus trees
within the ultimate alignment of Ortega Highway.
20. APPROVAL OF TREE REMOVAL PERMIT,
TRACT 9299 (KCS SYSTEMS)
(85) Approval of the tree removal permit is confirmed for 35 trees
within Tract 9299.
ADMINISTRATIVE ITEMS:
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. FORMATION OF PROJECT COMMITTEE 11,
SLUDGE MANAGEMENT STUDY (SERRA)
(79) Council received copies of a report dated September 7, 1977, from
the Director of Public Works advising that the Board of Directors
of SERRA will vote to conduct a regional study of alternate
methods of sludge handling and its effect on respective agencies
on September 8, 1977.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to direct the City's representative
to SERRA to vote to become a member of Project Committee No. 11
for initiation of a study on sludge handling.
COMMISSIONS, BOARDS AND COMMITTEES
TRAFFIC AND TRANSPORTATION COMMISSION
1. TRAFFIC CONDITIONS ON VIA DEL REY (TROY HOMES)
(87) Council received copies of a report dated September 7, 1977,
from George Alvarez, Secretary of the Commission, forwarding
the recommendation made by the Traffic Commission at its meeting
of August 18, 1977, in response to the request of Marras
Wheeler, 32911 Avenida Olivera, representing residents of the
Troy Homes development.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried that the Public Works Department
be directed to install 25 mile per hour pavement markers on Via
del Rey, Avenida Olivera, and Avenida Romero to remind motorists
of the speed limit, and to paint red curbs at the northwest
corner of Via del Rey and Avenida Olivera to improve sight
distance by prohibiting parking.
COUNCIL ACTIONS
1. APPOINTMENT OF ARCHITECTURAL BOARD OF REVIEW MEMBER
(23) It was moved by Councilman McDowell, seconded by Councilman
Nash and unanimously c<:rried to appoint Harrison Negley, 31386 Don
Juan Avenue, to fill the vacancy existing on the Architectural
Board of Review due to the resignation of William Weisgerber.
2. APPOINTMENT OF AN EXPO '81 REPRESENTATIVE
(34) It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to appoint Maurice Koeberle,
31302 Calle San Pedro, as the City's representative to Expo '81,
the first World's Fair to be held in the United States since
1939. The Fair will commence May 1, 1981, and will be held
at the Ontario Motor Speedway. Mr. Koeberle was selected to
serve from a list of names submitted by the Chamber of Commerce.
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158
3. APPOINTMENT OF DOWNTOWN PLAZA AND PARKING
STUDY STEERING COMMITTEE MEMBERS
(23) It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to confirm the appointment of the
following members to the Downtown Plaza and Parking Study
Steering Committee:
(1) Ron Birtcher
(2) Larry Buchheim
(3) Mike Darnold
(4) Bob Gannon
(5) Rupert Hartmann
(6) Al Jimenez
(7) Natalie Mitchell
(8) . John Taylor
(9) Jim Tyson
COUNCIL REMARKS
1. PRESENTATION TO RESIDENTS RE EFFECT OF
(32) Councilman Sweeney requested that staff invite residents to
an informal presentation setting forth the impact of development
of the hillside area of the Bear Brand Ranch property located
adjacent to the west City limits. Mr. Sweeney also suggested
that a representative of the County be invited to attend, and
that press coverage be obtained.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to direct staff to give public
notice and thereafter address the question of Bear Brand Ranch
development projects now known to the City and to invite residents
of the following areas to a presentation covering traffic
circulation, the extent of the development, and other related
matters: Sun Ranch, Meisner Tract, Dana Mesa, Captain's Hill,
and other areas contiguous to the Bear Brand Ranch property.
PROPOSED SENIOR CITIZEN HOUSING
(32) Councilman Sweeney suggested that the City explore alternatives
to moderate priced housing for senior citizens such as detached,
prefabricated frame units compatible with architectural controls,
with the occupants owning the land. Mr. Sweeney also suggested
that consideration be given to allowing smaller lots, tax
implications, and reduction in development fees.
3. DISTRIBUTION OF DEVELOPMENT MAPS
(32) Councilman McDowell suggested that the cost of maps provided
by developers in connection with City Council Agenda items
is excessive.
The City Manager suggested that a notice be
are on
included with Agenda items advising that Exhibits
display at City Hall.
BIKE TRAILS - USE BY MOTORBIKES AND MOPEDS
(32) Councilman Nash noted an incidence of moped operators using
the bike trails. The City Manager advised that mopeds,
although unlicensed,are motorized vehicles and not allowed on
the trails. Mr. Mocalis will investigate the matter. Mayor
pro tem Friess noted that the local moped dealer is advertising
equipment rental, which was not to be allowed due to generation
of traffic.
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EXECUTIVE SESSION
Council recessed to Executive Session at 10:35 P.M., the City Clerk
being excused therefrom, and reconvened at 10:40 P.M.
- APPOINTMENT OF OPERATOR III
(66) It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to authorize the appointment
of Diem X. Vuong to the position of Operator III (Laboratory
Technician) at Range 25.5, Step 3, $1319 per month, pursuant
to Rule VI, Section 4-a of the Personnel Rules and Regulations.
Mr. Vuong's appointment is effective October 1, 1977.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 10:41 P.M. to the next regular meeting date of Wednesday,
September 21, 1977, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
1
MARY ANN A OVER, CITY CLERK
ATTEST:
KENNETH E. FRIES , MAYOR PRO TEM
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