77-0921_CC_Minutes_Regular Meeting160
SEPTEMBER 21, 1977
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF Slul JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Cap:.strano, California, was called to order by Mayor Pro Tem Friess
at /:10 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was give n by Reverend Richard
Reeve, Christian Mission Church.
ROLL CALL: PRESENT: Kenneth E. Friess, Mayor pro tem
Richard D. McDowell, Councilman
John B. Sweeney, Councilman
ABSENT: Yvon O. Heckscher, Mayor
Douglas B. Nash, Councilman
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; Cheryl Johnson, Deputy City Clerk.
MINUTES
Regular Meeting of Septembereene7, 1977:
It was moved by Councilman Swy and seconded by Councilman McDowell
that the Minutes of the Regular Meeting of September 7, 1977, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell and
Mayor pro tem Friess
NOES: None
ABSENT: Councilman Nash and Mayor Heckscher
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney and seconded by Councilman McDowell
that all ordinances be read by title only. The motion carried by the
following vote:
AYES: Councilmen Sweeney, McDowell and
Mayor pro tem Friess
NOES: None
ABSENT: Councilman Nash and Mayor Heckscher
PRESENTATIONS
1. SOUTH COAST CLOVERS 4-H CLUB
(71) Greg Norton, South Coast Clovers 4-H Club, addressed the Council
and presented a plaque expressing "thanks" for Council support
of the Rancho Chico 4-H Farm.
Gillian Cannon, Community Leader of South Coast Clovers, addressed
the Council regarding Community Pride awards given to individuals
outside the 4-H Club for aupport through the year. The club
members presented each councilman with a Community Pride Award.
Mayor pro tem Friess read the proclamation declaring the week u.'
October 2, 1977 through October 8, 1977 National 4-H Youth Week.
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2. SAN JUAN BEAUTIFUL LANDSCAPE AWARD
(61) Mayor pre tem Friess presented the San Juan Beautiful Landscape
Award given to the City for landscaping work done at E1 Camino
Real Park and the Del Obispo medians.
ORAL COMMUNICATIONS
1. PETITIONS FOR ELECTION OF COUNCIL
MEMBERS �Y .)ISTRICT
(40) Bernie Matthey, 33861 Calle Acordarse, addressed the Council
regarding alternate actions on petitions for councilmanic
districts. He requested that the Council either adopt the
ordinance dividing the City into seven councilmanic districts
for call a special election.
Don Selser, 31111 Via Solana, addressed the Council in support
of a special election for councilmanic districts.
Dr. Leslie Campbell, 26000 Aeropuerto, addressed the Council
in support of a special election for councilmanic districts.
Dee Tyler, 26982 Via Banderas, addressed the Council in support
of placing the matter before the voters in conjunction with
the general municipal election to be held in March, 1978.
2. REQUEST FOR MODIFICATION TO STORAGE AREA
IN LOS RIOS DISTRICT (DUNIVIN)
(23) Forrest Dunivin, 26988 Ortega Highway, requested Council direction
regarding approval or denial of his request for modification of
his property in the Los Rios District, item H-21 on the agenda.
WRITTEN COMMUNICATIONS
1. PETITIONS IN SUPPORT OF BOARDING STABLES AND
RELOCATION OF WAGON WHEEL STABLES WITHIN
C. RUSSELL COOK PARK
(62) Council received copies of a petition dated September 12, 1977.
supporting the relocation of Wagon Wheel Stables southeast of
its present location in C. Russell Cook Park. Following a
brief discussion, it was the consensus of the Council to hold
this item until the Plan for C. Russell Cook Park is brought
before Council for action. Mayor pro tem Friess ordered the
petition received and filed.
2. GRAVEL TRUCK TRAFFIC - VILLAGE SAN JUAN
HOMEOWNERS ASSOCIATION
(87) Council received copies of a letter dated August 15, 1977, frc'm
the Village San Juan Homeowners Association regarding noise
and dust caused by gravel trucks traveling on Rosenbaum Road
to the Livingston -Graham Company. The Director of Public Works
advised the Council that the Public Works Department has been
working with the Livingston -Graham Company on this problem.
Following a discussion, it was the consensus of the Council that
a report be prepared for the next Council meeting. .
PUBLIC HEARINGS
1. REZONE 77-8 (MUNGER-WADE)
(95) ProDosal7
m_:) :,hP^.g_ the zoning of four parcels totaling 8 ^. ares from
EL (Large Estate) to 130 EL (Large Estate, 11�-`-oot minimum
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162
street frontage). This change would represent a reduction of
of 20 feet in the required minimum street frontage of the subject
lots while maintaining all other development standards for the
EL District. The subject parcels are located south of Calle
Ricardo off a private road extension of Via De Linda. Surrounding
uses are vacant land and Large Estate residential. The applicants
requested the change to rectify a problem of short street
frontages, preventing potential lot splits, created by the
realighment of an access road for the project in connection
with approval of Division of Land 76-k' (Valle).
Applicant:
Munger -Wade Enterprises, 17772 East 17th Street, North Building,
Suite 206, Tustin, California 92680.
Written Communications:
(1) Report dated September 21, 1977 from the Director of
Community Planning and Development.
(2) Proposed Ordinance amending the zoning of certain parcels
from EL (Large Estate) to 130 EL (Large Estate, 130 -foot
minimum street frontage).
Public Hearing:
Notice having been given as required by law, Mayor pro tem Friess
declared the Public Hearing open on the amendment to the official
zoning map for Parcels Nos. 673-061-33, -34, -35, and -36, and
inquired if anyone in the audience wished to address the Council.
There being no response, Mayor pro tem Friess closed the public
hearing with the right to reopen at any time.
Introduction of Ordinance No. 335:
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 Sweenay that the following Ordinance be introduced:
ORDINANCE NO. 335, REZONE 77-8 (MUNGER-WADE) - AN
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
NOS. 673-061-33, -34, -35, AND -36 FROM EL (LARGE ESTATE)
TO 130EL (LARGE ESTATE, 130 -FOOT MINIMUM STREET FRONTAGE)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell and
Mayor pro tem Friess
NOES: None
ABSENT: Councilman Nash and Mayor Heckscher
2. REQUEST FOR NATURAL GAS DRILLING PERMIT,
ORDINANCE NO. 25 (GUTHRIE)
(65) Proposal:
Request for approval of a test drilling operation for natural
gas and installation of permanent resource recovery facilities
if findings prove economically feasible. The 2.0+ acre site is
located on the ridgeline near the Prima Deshecha Sanitary Landfill.
The surrounding use is animal grazing.
Applicant:
George L. Guthrie, 115 Topaz Avenue, Balboa Island, California
92662.
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Written Communications:
i) Report dated September 21, 1977 from the Director of
Community Planning and Development forwarding the Planning
Commission recommendation that the Environmental Special
Study prepared for CUP 77-4 is adequate; that the City
Council consider waiving the following requirements of
Ordinance No. 25:
(a) Section 19 - Extending the time of 9u days to 180
d.i'7s ii which to begin drilling operations because'
of the present limited availability of drilling
equipment.
(b) Section 21 - Permitting a muffled exhause, internal
combustion engine for pumping and production equip-
ment in lieu of electrical power equipment because
of the remoteness of thP-project site.
(c) Section 24 - Permitting an open frame derrick as
opposed to a soundproof derrick because of the
remoteness of the site.
(d) Section 26 - Permitting the use of an earthen sump
for the storage of drill cuttings with the provision
that such sump be lined with a heavy plastic; that
drill cuttings be hauled to the: nearby dump and the
sump filled and leveled upon completion of the well;
and that the City Council direct staff to prepare a draft
ordinance relating to a resource extraction fee.
Public Hearing:
Notice having been given as required by law, Mayor pro tem Friess
declared the Public Hearing open on the request for a natural
gas drilling permit, and inquired if anyone in the audience
wished to address the Council. The following person responded:
(1) George Guthrie, applicant, addressed the Council to
answer any questions.
There being no one else wishing to address the Council, Mayor
pro tem Friess declared the Public Hearing closed with the
right to reopen at any time.
Certification of Environmental Special Study, CUP 77-4:
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to find that the Environmental
Special Study prepared for CUP 77-4 is adequate and to note
that the Environmental Special Study has been submitted for
information only and that its acceptance is not construed as
concurrence with all data provided within it, or as being
favorable or unfavorable to the project.
Approval of Test Drilling Permit:
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution approving the request for
a drilling permit subject to conditions and waiving Sections
19, 21, 24, and 26 of Ordinance No. 25, be adopted:
RESOLUTION NO. 77-9-21-1, APPROVAL OF TEST DRILLING
PERMIT (GUTHRIE) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A TEST DRILLING PERMIT (GUTHRIE)
The motion carried by the following vote:
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164
AYES: Councilmen Sweeney, McDowell and
Mayor pro tem Friess
NOES: None
ABSENT: Councilman Nash and Mayor Heckscher
Resource Extraction FeP Ordinance:
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to direct staff to prepare s
draft ordinance relating to a resource extraction fee.
ORDINANCES
1. CABLE TV FRANCHISE - STORER CABLE TV, INC.
ADOPTION OF ORDINANCE NO. 333
(43) The City e,ttorney 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. 333, STORER CABLE TV, INC., FRANCHISE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, GRANTING TO STORER CABLE TV, I"_+C., 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 and
Mayor pro tem Friess
NOES: None
ABSENT: Councilman Nash and Mayor Heckscher
2. RESIDENTIAL GROWTH MANAGEMENT AMENDMENT
ANNEXATIONS (ORDINANCE NO. 334)
(28) Councilman Sweeney questioned whether the revisions previously
requested had been incorporated. Mayor pro tem Friess noted
that Section 3c should have a continuation of the statement on
the point system. The Director of Community Planning and Develop-
ment advised the Council that the Ordinance could be corrected
and returned for adoption at the October 5 meeting. It was the
consensus of the Council that this item be corrected and returned
for adoption at the next City Council meeting.
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 request for modification of
sanitary sewer connection fee is withdrawn from the Agenda. The motion
carried by the following vote:
AYES: Councilmen Sweeney, McDowell and
Mayor pro tem Friess
NOES: None
ABSENT: Councilman Nash and Mayor Heckscher
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165
1.t'_':'v 'T'REASURER'S REPORT OF INVESTMENTS AS OF AUGUST 31, 1977
(41) The City Treasurer's Report of Investments for the period ending
August 31, 1977, is approved as submitted:
2. CITY
'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF
(4i) The City Treasurer's Report of 1911 Act Bond Delinquencies as
of August 31, 1977, is approved as susmitted.
REPORT OF PLANNING COMMISSION MEETING OF SEPTEMBER 13, 1977
(67) The Report of actions taken by the Planning Commission at its
meeting of September 13, 1977, is ordered received and filed.
4. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF SEPTEMBER 6, 1977
(23) The Report of actions taken by the Cultural Heritage Commission
at its meeting of September 6, 1977, is ordered received and filed.
5. RELEASE OF BONDS - TRACT 5126 (LUCAS/MAURER)
(85) The public improvementq resulting from Tract No. 5126 are
accepted. The followi:,g bonds held by the Fireman's Fund
American are exonerated: Labor and Material, $250,000;
Monumentation, $2,000; and Easement, $3,000. The Faithful
Performance Bond is extended to September 21, 1978.
6. RELEASE OF BONDS - TRACT 7112 (PACESETTER)
(85) The public improvements along Sacarama Road are accepted and
the Faithful Performance Bond, No. 115821, in the amount of
$117,200, held by the Commercial Standard Insurance Company,
is exonerated.
7. REQUEST FOR MODIFICATION OF SANITARY SEWER
CONNECTION FEE (LINK PROPERTIES)
(80) The request for application of the sewer connection fee to
1300 -square -foot caretakers quarters instead of the entire
51,823 square foot storage warehouse complex is approved. The
sewer connection fee is established at $820 instead of the
original $27,880.
RM
FOR MODIFICATION OF SANITARY SEWER CONNECTIO]
(80) At the request of the Director of Public Works, this item was
removed from the Agenda for consideration at a later date.
9. AGREEMENT FOR PARTICIPATION IN
(83) The Agreement between the City and Mr. Bernard Casper for
the postponement of the requirement to install public improve-
ments is approved. The Mayor is authorized to execute the
agreement on behalf of the City, and the City Clerk is authorized
to record the agreement.
10. RESOLUTION
AND RECREA'
LYING FOR V BERG URBAN OPEN -SPACE
(23) The following Resolution is adopted:
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166
RESOLUTION NO. 77-9-21-3
Z'BERG
"n Lvr ruivuo IIHLL) - H 1C 0uLu'1'l UN ur TllCI
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE APPLICATION FOR -GRANT
FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -SPACE
AND RECREATION PROGRAM (SAN JUAN SPRINGS DANCE
HALL)
The Resolut4on appoints the City Manager as agent of the
City to document all negotiations, execute and submit all
documents including but not limited to applications, agree-
ments, amendments, payment request, etc. The City Attorney
is appointed as legal counsel with authorization to sign
the certification on page 1 of the application.
11. RESOLUTION APPLYING FOR TITLE V OF THE OLDER AMERICANS
ACT GRANT FUNDS ( SAN JUAN HOT SPrINGS DANCE HALL)
(23) The following Resolution is adopted:
RESOLUTION NO. 77-9-21-4, APPLICATION FOR TITLE
V GRANT FUNDS (DANCE HALL) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE APPLICATION FOR GRANT
FUNDS UNDER TITLE V OF THE OLDER AMF RICANS ACT
(SAN JUAN HOT SPRINGS DANCE HALL)
The Resolution appoints the City Manager as agent of the
City to document all negotiations, execute and submit all
documents including but not limited to applications, agree-
ments, amendments, payment request, etc.
12. RESOLUTION ADJUSTING LOT LINE
(HOLMES/NEELEY)
(68) The following Resolution is adopted:
ON NO. 77-9-21-5, ADJUSTMENT TO LOT LINE
(HULMEb/NBELEY) - A XZ6ULUT1U1,4 uPTHE UITY UUUNUlL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN ADJUSTMENT TO A LOT LINE (HOLMES/NEELEY)
The Resolution approves transferring 1' acres from Assessor's
Parcel No. 124-110-52 (Holmes) to Assessor's Parcel No. 124-110-43
(Neeley), with the stipulation that no additional parcels are
created by the lot line adjustment.
13. RESOLUTION URGING BOARD OF SUPERVISORS TO IMPLEMENT
SAN JUAN CREEK RIDING AND HIKING TRAIL
(62) The following Resolution is adopted:
RESOLUTION NO. 77-9-21-7, SAN JUAN CREEK TRAIL -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, URGING THE BOARD
OF SUPERVISORS OF THE COUNTY OF ORANGE TO IMPLEMENT
A RIDING AND HIKING TRAIL ALONG SAN JUAN CREEK
The Resolution urges establishment of riding and hiking trails
which would extend from the Pacific Ocean to Caspers Regional
Park.
14. PROPOSED PURCHASE OF XEROX COPYING MACHINE
(75) Purchase of the xerox copying machine at a cost of $25,678.50,
to be paid in installments over three years, and including a
maintenance contract, is approved.
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167
G:' CONTRACT FOR MAINTENANCE SERVICES-
01,'
PARK AND SPECIFIED PARKWAYS
(74) The contract for the maintenance of Descanoo Park and specified
parkways is awarded to Toyo Landscaping Company, 523 South
Newhope Avenue, Santa Ana 92704, in the amount of $1,100 per
month. The Mayor is authorized to execute the contract.
16. APPROVAL OF SPECIFICATIONS FOR AERIAL
T70POGRAPHY SERVICES
(CO) The City Engineer is authorized to advertise for bids for aerial
topographic services. The aerial maps are to be used to revise
the Master Plan of Drainage and Sewage and to further the City's
ability to design parks, equestrian trails, and roads. The
Engineer's estimate for aerial topographic services is $50,000.
1.7. APPROVAL cF PARCEL MAP, DIVISION
OF LAND 76-11 (HOBBS/ROGERS)
(85) The Parcel Map for DL 76-11 is found to be consistent with the
General Plan of the City and in substantial compliance with the
approved tentative map. The Subdivision Agreement is approved
and the Mayor authorized to sign on behalf of the City.
18. APPROVAL OF WARRL'ITS
(41) After clarification, it was moved by Councilman Sweeney, seconded
by Councilman McDowell and unanimously carried that the List of
Demands dated September 21, 1977, Warrants Nos. 12146 through
12240 inclusive, in the total amount of $85,444.07, be approved
as revised.
19. APPEAL OF DEVELOPMENT CONDITIONS (ASHIK)
(85) Council received copies of a report dated September 21, 1977,
from the Director of Public Works forwarding a request that
Goultekin Ashik be allowed to construct ultimate improvements
to Camino Capistrano at this time. It was moved by Councilman
McDowell, seconded by Councilman Sweeney, and unanimously carried
to amend Condition No. 5 of Planning Commission Resolution
No. PC 76-9-14-2, AC 76-7 (Ashik) as previously amended by
City Council motion of October 13, 1976, to read as follows:
"The applicant shall be required to prepare street
improvement plans for the full improvements in Division
of Land 75-5 (Muralt) on Camino Capistrano to include
curb and gutter, sidewalks, required street sections,
underground utilities and street lights all in accordance
with City standareq� and policies. The applicant shall
cc��'_ 5• =
improvements along his property frontage
ro include necessary offsite pavi.:g transitions to the
satisfaction of the City Engineer."
20. FINAL REPORT AND NOTICE OF COMPLETION - INSTALLATION
OF TRAFFIC SIGNAL AT DEL OBISPO AND PASEO ADELANTO
(82) Council received copies of a report dated September 21, 1977
from the Director of Public Works advising that Galland
Electric has completed the installation in accordance with
the plans and specifications. The current payment status
was corrected to read.
Total Project Cost $13,380.00
Less 10% Retention 1,338.00
Previous Progress Payments 5,539.50
Amount Due This Payment 6,502.x^
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21.
RESOLUTION MAKING ADDITION TO HISTORICAL,
CULTURAL INVENTORY
(23) After clarification of the historical boundary.of Los Rios and
the Precise Plan, it was moved by Councilman Sweeney, seconded
by Councilman McDowell, and unanimously carried that the
following Resolution be adopted:
RESOLUTION NO. 77-9-21-6, INVENTORY
AND CULTUPAL LANDMARKS - A RESOLUTI
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN INVENTORY OF HISTORICAL AND CULTURAL
LANDMARKS AND RESCINDING RESOLUTIONS NOS. 76-1-23-4,
76-9-15-4, 76-10-20-4, AND 76-12-15-8.
The Resolution adds the following sites to the list of
Culturally Significant Structure=
1. R. B. Cook House -- 1882
2. Errecarte House -- 1910
3. Harrison House -- c. 1900
4. Los Rios Historic District -- 1774
22. REQUEST FOR MODIFICATION TO STORAGE AREA IN
LOS RIOS DISTRICT (DUNIVIN)
(23) Council received copies of a report dated September 21, 1977,
from the Director of Community Planning and Development forwarding
a letter from the applicant requesting modification to the
storage area in the Los Rios District. The modification would
include new fence, fence relocation and gates.
The Director of Community Planning and Development requested
that due to the historical sensitivity of the area, this item
be referred to the Planning and Cultural Heritage Commissions
for review and recommendation, with a report back on October 5,
1977.
Following discussion, it was moved by Councilman McDowell, seconded
by Councilman Sweeney and unanimously carried that the request
for modification be tentatively approved pending review and
recommendation by the Planning and Cultural Heritage Commissions
at the October 5 meeting.
SUBDIVISIONS AND ANNEXATIONS
TENTATIVE PARCEL MAP,
DIVISION OF LAND 77-6 (SANDERSON
(95) Council received copies of a report dated September 21, 1977
from the Director of Community Planning and Development forwarding
a Planning Commission recommendation that a 3.7+ acre parcel
located off Aguacate Road in the EL (Large Estate) District be
divided into 3 lots with a minimum lot size of one acre. The
Planning Commission recommended a Zone Variance (ZV 77-16) to allow
the creation of one .98+ acre parcel due to an optimla alignment
for a proposed commuter road which will pass through the property.
The report also forwarded a recommendation from the Planning
Commission to find Division of Land 77=6 (Sanderson) consistent
with the City's General Plan, Land Use Management Code, Growth
Management Ordinance, and other Planning regulations, and therefore,
eligible for sewer hookups.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell, and unanimously carried that the following Resolution
be adopted:
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169
RESOLUTION NO. 77-9-21-8, D
LAND 77-6
(SANDERSON) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
DIVISION OF ;,AND 77-6 (SANDERSON)
Condition No. 3 of Resolution No. 77-9-21-8 is amended to
read as follows:
"Equestrian access shall be provided for all parcels in
accordance with Section 4.1.6 Le,•d U:e Management Code.
This equestrian easement shall be a minimum 10 feet in
width and shall be irrevocably offered for dedication
to the City without further consideration. Design and
alignment of the equestrian access shall be reviewed by
the Equestrian Commission. Recommendations concerning
said access shall be forwarded from the Commission to
the City Council prior,to approval of a final parcel map.
it was moved by Councilman Sweeney, seconded by Councilman
McDowell, and unanimously carried that the following
Resolution be adopted:
RESOLUTION NO. 77-9-21-9, ELIGIBILITY FOR SEWER
CONNECTIONS, DIVISION OF LAND 77-6 (SANDERSON) -
A RESOLUTION OF T11E CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ELIGIBILITY
FOR SEWER CONNECTIONS FOR DIVISION OF LAND 77-6
(SANDERSON)
ADMINISTRATIVE ITEMS
CITY CLERK
1. RESULTS OF VERIFICATION PROCESS - PETITIONS FOR
ELECTION OF COUNCIL MEMBERS BY DISTRICT (SAN JUAN
CAPISTRANO CITIZENS FOR RESPONSIVE GOVERNMENT)
(40) Council received copies of a report dated September 21, 1977,
from the City Clerk forwarding the results of the verification
of the petitions for election of council members by district.
The last official report cites a total of 8.013 registered
voters; 1,361 signatures were verified (17%). In accordance
with the Elections Code, the proposed Ordinance would qualify
for either adoption, a special election to be set at not less
than 74 days (12/4) nor more than 89 days (12/19), or for the
general election held March 7, 1978.
Following a short discussion, it was moved by Councilman McDowell
and seconded by Mayor pro tem Friess that this item be tabled
until all Council members are present. The motion carried
unanimously.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. GROUNDWATER EXTRACTION - DETERMINATION OF
(94) Council received copies of a report dated September 21, 1977,
from the Director of Community Planning and Development forwarding
a Planning Commission recommendation that the request from the
San Juan Basin Authority for a determination of General Plan
consistency related to a proposed groundwater extraction project
be found consistent with the General Plan subject to conditions.
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170
The project is a phase toward the restoration of the basin for
domestic use and will provide information needed to determine
if groundwater quality can be restored. The extracted water
will be utilized to complete the filling of Lake Mission Viejo.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to confirm the Planning
Commission's determination that the request is consistent with
the General Plan subject to the following conditions, as listed
in the September 2, 1977 letter from .he San Juan Basin
Authority, being included in the project's design, operation
and maintenance.
1. Noise
a. Well Construction - During the drilling of the
wells, temporary fencing will be placed around
the drilling site and special sound absorbing
blankets will be installed to reduce the noise
level to within the limits specified in Ordinance
No. 293. All noise producing equipment will be
insulated to control the level of noise.
The drillino and well development operation will be
completely s:iut down between the hours of 8:00 p.m.
and 7:00 a.m. and no work will be done on Sunday. The
well drilling operation is expected t-) take approximately
seven (7) working days for each well.
b. Well Operation - Noise from the operation of small
wells is not generally a problem. However, under
some circumstances even the low intensity and low
frequency noise generated has caused problems. To
eliminate potential problems from operation of the
wells, vibration dampening equipment will be installed
on all wells that are within 200 feet of any residence.
In the event there is a problem with noise or vibration
from a well it will be stopped and not placed back in
operation until the problem has been eliminated. If
necessary submersible pumps and motors will be used
to eliminate noise problems.
The screening which will be provided for aesthetic
purposes will help reduce noise levels to within
acceptable levels.
C. Pipeline Construction - Construction noise is
inevitable on this project, but most of the work
will be within Trabuco Creek and the San Juan Creek
Flood Control Channel for the portion of the project
within the City of San Juan Capistrano. Construction
opc..-ations will be conducted between the hours of
7:00 a.m. and 8:00 p.m. No work will be permitted
on Sunday.
All equipment will have mufflers to reduce the noise
level.
2. Aesthetic and View Considerations -
After construction the only things visible will be the motors
on the pumps and the small amount of piping necessary to
turn down into the ground. Special screening with ornamental
block walls and landscaping will be provided in areas near
residential development, or where they can be seen by the
general public. Orange County Waterworks District No. 4
will maintain the wells and related equipment to insure
their appearance remains attractive. Facilities that are
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in City right-of-way will be underground wherever possible.
i=ipelines will be underground and not visible.
3. Effects on Existing City Facilities -
In all cases streets and other work areas will be restored
at least to their original condition after construction.
All replacement of paving and other relat--d work will be
in acc^rdar.ce with City standards and encroachment permits.
Where open cuts are permitted the streets will be'restored
to the satisfaction of the City.
Crossings of Del Obispo Street and Alipaz Street will be .in
steel casings bored or jacked under the street prior to
pipeline installation so that these streets will be kept
open at all times and not re.'uire repaving.
Whenever possible pipeline easements will be used in
order to eliminate the impact of construction on public
streets.
When the pipelines are within or near existing bike paths
special efforts will be made to maintain them in operation
by providing graded by-passes and alternate routes. The
trenches will be backfilled each da} after construction
and returned to around level to permit use. The paving
will be replaced as soon as possible so that they can be
returned to full operation.
Existing gas lines, water lines, sewer lines, telephone lines,
power lines and storm drains will not be disturbed by
construction. No relocation of existing facilities will be
necessary for this project.
4. Public Notification -
Before drilling and construction begins, all people who
will be impacted will be notified. The time of construction
and the purpose of the project will be explained in a
written notice delivered three (3) weeks before start of
construction. A second notice will be given one (1) week
prior to start of construction.
The notices will include the name and telephone number of
the person to call if there are any questions or problems.
5. Seawater Intrusion -
The San Juan Basin Authority will monitor all wells between
the well field and the ocean to determine any change in
water levels or water quality. These wells include the two
that belong to the Capistrano Beach County Water District,
a well on the Kato property, and a well located at the
Airport.
one purpose of the project is to improve the water quality
in the Lower San Juan Basin. Therefore the San Juan Basin
Authority will be very careful to insure seawater does not
degrade the basin.
All studies indicate that seawater intrusion will not occur,
but all precautions are being taken to prevent it.
In the event the hydraulic gradient that now slopes toward
ocean and prevents seawater intrusion starts to reverse, the
wells will be shut off. They will be operated only when the
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31 "7 2
hydraulic gradient slopes toward the ocean. As long as this
condition exists seawater cannot enter the basin.
COUNCIL REMARKS
1. EFFECT OF BEAR BRAND RANCH DEVELOPMENT
(32) Councilman Sweeney requested information regarding
of an open public informational meeting between the
affected by the development of the Bear Brand Ranch
Orange County Environmental Management Agency. The
Community Planning and Development informed him tha
has been set with Mr. Osborne of the EMA for Septe
that invitations to the residents of Sun Ranch, the
tract, Captains Hill, and Dana Mesa will be mailed.
2. MOTORCYCLE ACTIVITY ALONG SAN JUAN -CREEK
the possibility
tracts
and the
Director of
t a meeting
tuber 29, and
Meisner
(32) Mayor pro tem Friess advised that he has received several complaints
from neighbors in the Hidden Valley area regarding motorcycle
riders using the San Juan Creek levee area as a racetrack on
weekends. He requested that the same action used in the Alto
Capistrano area be taken.
3. EHLER'S RECREATIONAL VEHICLE STORAGE
(32) Mayor pro tem Friess requested the Director.of Community Planning
and Development to check into the conditions of approval for
screening requirements of the recreational vehicle storage area.
4. SOUTH ORANGE COUNTY AIRPORT COMMITTEE
(32) Councilman Sweeney noted that the South Orange County Airport
Committee asked the City for participation, a representative,
and some indication of support in their search for a new
airport site. Councilman Sweeney indicated he will support
the Committee wherever he can.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 8:30 p.m. to the next regular meeting date of Wednesday,
October 5, 1977, at 7:00 p.m. in the City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR PRO TEM
Respectfully submitted,
CHERYL J NSO , DEPUTY CITY CLERK
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9/21/77