77-1005_CC_Minutes_Regular Meeting174
OCTOBER 5, 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
7:08 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. invocation was given by Father Martin, Old
Mission Church.
ROLL CALL PRESENT: Yvon O. Heckscher, Mayor
Kenneth E. Friess, Mayor pro tem
Douglas B. Nash, Councilman
John B. Sweeney, Councilman
ABSENT: Richard D. McDowell, 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; Thomas L. Baker,
Director of Recreation; James S. Okazaki, City Attorney; Cheryl
Johnson, Deputy City Clerk.
MINUTES
Regular Meeting of September 21, 1977:
It was moved by Councilman Sweeney and seconded by Councilman Friess
that the Minutes of the Regular Meeting of September 21, 1977, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Sweeney and Friess
NOES: None
ABSTAIN: Councilman Nash and Mayor Heckscher
ABSENT: Councilman McDowell
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney and seconded by Councilman Friess
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Sweeney, Friess, Nash and
Mayor Heckscher
NOES: None
ABSENT: Councilman McDowell
PRESENTATIONS
1. CHAMBER OF COMMERCE
(29) Council received copies of a letter dated September 27, 1977,
from Gary Finnegan, Chairman of the Economic Development
Committee of the Chamber of Commerce, requesting that the
City purchase Christmas decorations for the business district
from Valley Decorating Company. Mr. Finnegan addressed the
Council and reviewed the reasons and proposals set forth in
his letter.
Mr. Dick Dressey, Valley Decorating Company, presented a display
of the lights and decorations proposed for San Juan Capistrano,
and answered Council questions. Following discussion, it was
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1 ` a consensus of the Council that Staff work with Mr. Finnegan
and report back on the cost for replacement, removal, installation,
maintenance, and warranty.
2. POD - C. RUSSELL COOK PARK CONCEPT PLAN
(62) Council received copies of a report dated October 5, 1977, from
Thomas L. Baker, Secretary, Parks and Recreation Commission,
forwarding a report on the concept plan for C. Russell Cook
Park prepared by the Parks and Recreation Commission. A recom-
mendation from the Equestrian Commission for an increase in the
permanent equestrian area, and written communications regarding
the park were also forwarded.
Mr. Baker advised the Council that in preparing the concept plan
the Parks and Recreation Commission had utilized public hearings,
open meetings at the park site, and questionnaires to gather
public input. He requested approval of the concept plan as
modified by the Parks and Recreation Commission.
Mr. Katzmaier, POD, Inc., made a slide presentation of alternate
plans. Alternate A was basically a recreational scheme; Alternate
B was primarily an equestrian alternate; Alternate C was an
attempt to combine the recreation and equestrian elements; and
Alternate D was basically the same as Alternate C except the
equestrian area was separated: one near the San Diego Freeway
and one near Avenida Siega in Tentative Tract 9204. The concept
plan, as modified by the Parks and Recreation Commission, is
basically Alternate D, containing approximately 44 acres of
recreation, 12 acres of equestrian uses, 2 acres of youth
agriculture facilities, a nature area on the north side of
the creek, and a special activity area. It also includes 2
miles of equestrian, biking and hiking trails on the north side
of the creek, a parking area near Avenida Siega, a 5 -acre
permanent equestrian facility west of the parking area, and
several large lawn areas west of the equestrian facility.
Brett Shears, Chairman of the Parks and Recreation Commission,
addressed the Council to forward the Commission's answers to
the various concerns expressed; i.e., why a plan is needed; how
the park will be financed; resolution of conflicting uses;
maintenance costs; and, relocation of stables in the area.
Ilse Byrnes, Chairman of the Equestrian Commission, advised the
Council that the Commission had addressed itself only to Lot A
of Tentative Tract 8485, and that the Commission had determined
that area to be the best for equestrian uses. She advised that
the Commission had no plans for the area west of La Novia, due
to cost, zoning, and private ownership.
Following discussion, Mayor Heckscher opened the meeting to
public input. The following persons addressed the Council:
1. Michele Scott, 26267 Calle San Luis, spoke in support
of the youth agricultural facility;
2. Ramon Diaz, 28036 Paseo Barranca, presented a petition
containing approximately 342 signatures, from -the
residents of the Mission Glen, Mission Park and Mission
Creek developments, requesting that the area south and
southeast of their developments under consideration for
equestrian uses be designated as a park area, due to the
proximity of non -equestrian residential use. The petition
cites support for equestrian use west of La Novia and in
areas such as Prima Deshecha Park, Forster dump site, and
the area east of Harold J. Ambuehl School.
The following people spoke regarding the unfavorable environmental
impacts of placing a permanent 12.4 -acre equestrian facility, as
recommended by the Equestrian Commission, near residential
developments:
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1. Tim Oder
2. Debbie Swacker
176
Following Council discussion, it was moved by Councilman Friess
and seconded by Councilman Nash that Council concur with the
Parks and Recreation Commission recommendation for the easterly
section of the park and to defer action on the westerly section
pending further review.
Council members discussed the differences in the recommendations
from the Parks and Recreation Commission and the Equestrian
Commission and approval of the entire concept plan. With the
approval of the second, Councilman Friess amended his motion to
include approval of the entire concept plan as proposed by the
Parks and Recreation Commission, with the understanding that the
5 -acre equestrian use designation is not a maximum; the exact
acreage is to be addressed at the precise plan stage. The
motion carried unanimously.
RECESS AND RECONVENE
Council recessed at 9:08 P.M. and reconvened at 9:28 P.M.
ORAL COMMUNICATIONS
1. INITIATIVE PETITIONS -
PROPOSED COUNCILMANIC DISTRICTS
(40) Dee Tyler, 26982 Via Banderas, addressed the Council and requested
that the proposal for seven councilmanic districts be placed
on the ballot for the general election to be held in March.
Bernie Matthey, 33861 Calle Acordarse, addressed the Council
regarding the initiative petitions.
Leslie K. Campbell, 26000 Aeropuerto, addressed the Council
in support of a special election for councilma.nic districts.
2. BEAR BRAND RANCH DEVELOPMENT
(21) Don Markowski, 32022 Paseo de Allessandro, addressed the Council
regarding the impact of the Bear Brand Ranch Development on
Calle Aspero and Calle Ricardo. He presented petitions containing
signatures of approximately 237 residents of the Sun Ranch develop-
ment opposing the use of Calle Aspero and Calle Ricardo for Bear
Brand Ranch access.
Following discussion, it was the consensus of the Council that
a report be prepared on alternate routes for the Bear Brand
Ranch development and presented at the October 19, 1977, meeting.
Jack Smith, 25921 Calle Ricardo, also addressed the Council
regarding the use of City streets by a County development.
3. DOWNTOWN PLAZA AND PARKING STUDY
(68) Robert Patrick addressed the Council regarding the downtown
plaza and parking study and the opposition of the business and
property owners to any change in the downtown area.
Tom Sisto, California Factory Store, addressed the Council
regarding opposition to the study in the downtown area.
Norma Foley, 29602 Orinda Road, addressed the Council regarding
opposition to the downtown plaza study.
Libbie Myhro addressed the Council to request that the downtown
plaza and parking study agenda item be put under separate
discussion, and to deny further action to implement the study.
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4. TRAFFIC AND TRANSPORTATION COMMISSION
(23) Dennis Johnson, representing the Traffic and Transportation
Commission, addressed the Council and advised he was available
to answerany questions.
WRITTEN COMMUNICATIONS
1. SOUTH ORANGE COUNTY AIRPORT COMMITTEE
(68) Council received copies of a letter dated September 16, 1977,
from Dennis Shattuck, Secretary, South Orange County Airport
Committee, informing the Council of the Committee's activities
and requesting that Council lend its support and appoint a repre-
sentative to meet with the Committee to discuss Council endorse-
ment, interest in a general aviation facility, and Council
coordination of cooperative efforts among local city governments
and the County of Orange.
It was the consensus of the Council that item 3 of the letter,
"Council coordination of cooperative efforts among other local
city governments and the County of Orange," be clarified and
that staff report back at the earliest possible date.
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 77-2B
TEL CAMINO FORD)
(46) Proposal:
A change in land use designation on a 20+ acre parcel from
1.4 Medium Density Residential to 4.1 Quasi -Industrial to
accommodate future zoning for an auto dealership. The parcel
is located on the easterly side of the San Diego Freeway at
the southerly terminus of the public -improved portion of Valle
Road. The change can be considered a noise mitigation measure
since it will permit a more compatible land use within a high
noise environment. The surrounding uses include an auto dealer-
ship and residential.
Applicant:
Mr. Dave Sweeney, President, E1 Camino Ford, 535 North E1
Camino Real, San Clemente, California 92672.
Written Communications:
(1) Report dated October 5, 1977, from the Director of
Community Planning and Development, forwarding the
Planning Commission recommendations that:
(a) Item 77-2A (Circulation Element) be withdrawn
from General Plan Amendment 77-2 and included as
a part of General Plan Amendment 77-3; and
(b) a change in land use designation on a 20+ acre
parcel from 1.4 Medium Density Residential to
4.1 Quasi -Industrial be approved.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open on General Plan Amendment
77-2B and inquired if anyone in the audience wished to
address the Council. The following person responded:
(1) Mr. Dave Sweeney, applicant, advised the Council
that he was available to answer any questions.
There being no one else wishing to address the Council,
Mayor Heckscher declared the Public Hearing closed with
the right to reopen at any time.
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Item 77-2A - Withdrawl of Amendment to Circulation Element:
It was moved by Councilman Nash, seconded by Councilman Friess
and unanimously carried to withdraw item 77-2A (Circulation
Element) from General Plan Amendment 77-2, and to include
the item as a part of General Plan Amendment 77-3.
Item 77-2B - Approval of Environmental Impact Report (Sweeney):
It was moved by Councilman Nash, seconded by Councilman Friess
and unanimously carried to determine that the Environmental Impact
Report prepared for General Plan Amendment 77-2B is adequate
and that it has been submitted for information only and the
acceptance of the Draft Environmental Impact Report shall not
be construed as approval or denial of the request.
Approval of General Plan Amendment 77-2B:
It was moved by Councilman Nash and seconded by Councilman Friess
that the following Resolution approving General Plan Amendment
77-2, Item B (Sweeney), be adopted:
RESOLUTION NO. 77-10-5-1, GENERAL PLAN AMENDMENT 77-2
(SWEENEY) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT 77-2, ITEM B (SWEENEY)
The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash and
Mayor Heckscher
NOES: None
ABSENT: Councilman McDowell
2. REQUEST FOR MODIFICATION TO STORAGE
AREA IN LOS RIOS DISTRICT (DUNIVIN)
(23) Proposal:
To modify an existing impoundment and storage facility of
4.9+ acres to provide a recreational vehicle storage area
with an improved access to serve both uses. The modification
would include low intensity lights and modification to the
fencing. The project is located on the west side of Los Rios
Street, adjacent to the Montanez Adobe. The surrounding uses
include residential to the north, south and east, and residential
and commercial to the west.
Applicant:
Forrest Dunivin, 26988 Ortega Highway, San Juan Capistrano,
California, 92675.
Written Communications:
(1) Report dated October 5, 1977, from the Acting Director
of Community Planning and Development, forwarding seven
recommended conditions of approval from the Planning
Commission as follows:
(a) The proposed use shall be authorized for a period
of time not to exceed the interim period prior to
implementation of the Los Rios Precise Plan;
(b) All surface improvements for the subject uses shall
be temporary in nature;
(c) All security lights shall be low intensity with
a maximum height not to exceed five feet;
(d) The exterior security fence shall have redwood
slats incorporated into the chain-link. The
applicant shall be required to plant trees and
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1'79
shrubs to provide a landscape buffer for that
'portion of the parcel located adjacent to Trabuco
Greek;
(e) The applicant shall enter into an agreement with the
City stating that the proposed use is temporary in
nature and that the applicant agrees to terminate
said use upon implementation of the Los Rios Precise
Plan for the subject parcel;
(f) Upon establishment of the recreational vehicle storage
section, it will be unlawful to expand the impound
storage area back to its original size; and
(g) The project shall be reviewed by the Cultural Heritage
Commission prior to commencement of work.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open on the modification to the
storage area in Los Rios and inquired if anyone in the audience
wished to address the Council. There being no response, Mayor
Heckscher declared the public hearing closed with the right to
reopen at any time.
Approval of Modification:
It was moved by Councilman Sweeney, seconded by Councilman Friess
and unanimously carried to approve the applicant's request subject
to the seven conditions of approval.
ORDINANCES
1. ORDINANCE NO. 334, RESIDENTIAL
GROWTH MANAGEMENT AMENDMENT -
ANNEXATIONS (ADOPTION)
(28) 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 Friess that the following Ordinance be adopted:
ORDINANCE NO. 334, RESIDENTIAL GROWTH MANAGEMENT
AMENDMENT - ANNEXATIONS - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE
NO. 314 FOR TERRITORIES TO BE ANNEXED (RESIDENTIAL
GROWTH MANAGEMENT)
Following discussion, the motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash and
Mayor Heckscher
NOES: None
ABSENT: Councilman.McDowell
2. ORDINANCE NO. 335, REZONE 77-8
(MUNGER-WADE) (ADOPTION)
(85) 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 Friess and seconded by
Councilman Sweeney, that the following Ordinance be adopted:
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 130 EL (LARGE ESTATE, 130 -FOOT MINIMUM
STREET FRONTAGE)
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The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: Councilman McDowell
CONSENT CALENDAR
It was moved by Councilman Friess and seconded by Councilman Sweeney
that the staff recommendations be accepted for the following items
listed on the Consent Calendar; the tree removal permit, Tract 9034
(Glendale Federal) is withdrawn from the Agenda. The motion carried
by the following vote:
AYES: Councilmen Sweeney, Friess, Nash and
Mayor Heckscher
NOES: None
ABSENT: Councilman McDowell
1. APPROVAL OF WARRANTS
(41) The List of Demands dated October 5, 1977, Warrants Nos. 12241
through 12320, inclusive, in the total amount of $267,625.33,
is approved.
2. REPORT OF PLANNING COMMISSION MEETING OF SEPTEMBER 27, 1977
(67) The Report of actions taken by the Planning Commission at its
meeting of September 27, 1977, is ordered received and filed.
3. AMENDMENT TO HEALTH SERVICES AGREEMENT REGARDING
NOISE CONTROL (COUNTY OF ORANGE)
(59) The proposal from the Orange County Human Services Agency to
amend the City's Health Services Agreement with the County to
provide for noise enforcement services on a demonstration basis,
is approved with the following amendment: page 1, fourth line
from the bottom, "(b) the City desires to adopt . . ." should
be changed to read "(b) the City wishes to consider adopting .
The Mayor is authorized to execute the Agreement on behalf of
the City and the City Clerk to attest thereto.
4. AGREEMENT FOR REPAIR OF SERRA TREATMENT PLANT
(WEARDCO CONSTRUCTION COMPANY)
(79) The Agreement with Weardco Construction Company to repair fire
damage to the Water Pollution Control Facility, in the amount
of $17,624.50, is approved. The Mayor is authorized to execute
the Agreement on behalf of the City and the City Clerk to attest
thereto.
5. APPROVAL OF DRAINAGE EASEMENT, TENTATIVE
TRACT 9786 (CHAPMAN HOMESjPATRICK DEVELOPMENT)
(85) The easement deed for drainage in connection with Tract 9373
is accepted and the City Clerk is authorized to record the
documents.
6. MODIFICATION OF SANITARY SEWER CONNECTION
FEE - DIVISION OF LAND 77-4. (B.H. MILLER
(85) The sewer connection fee for Division of Land 77-4 (Miller/Phelps)
is established at $62,320. The required charge, in accordance
with Resolution 77-3-2-3, is $90,200. The B.H. Miller Construction
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181
Company has paid $27,880 on the sewer connection fee for Link
Properties, a part of the Miller/Phelps development, leaving
a balance of $62,320.
7. CLAIM OF C. A. RODDY
(35) The claim of C. A. Roddy, dated September 15, 1977, in the amount
of $260, for damages incurred by his aircraft at the Capistrano
Airport, is denied and referred to the City's insurance carrier,
Dan Gorman Insurance.
8. PRELIMINARY REPORT RELATING TO CREATION OF
iTP-RN SPACE ASSESSMENT DISTRICT, TRACTS 938
(85) The formation of assessment districts to maintain the parkways
on the Ortega Highway and the slopes within Tracts 9382, 8485,
and 7673 (Maurer) is approved in concept. Staff is directed to
commence the proper proceedings.
9. TREE REMOVAL PERMIT, TRACT 9795
(LOVE)
(85) Approval of the tree removal permit°is confirmed for citrus
and avacado trees located in the future right-of-way for
Calle Ricardo and Aguacate Road, within Tract 9795, for the
purpose of constructing required street improvements and
utilities.
10. TREE REMOVAL PERMIT, DIVISION
OF LAND 76-11 (HOBBS)
(85) Approval of the tree removal permit is confirmed for approximately
85 orange trees for the purpose of constructing the private road
and applicable utilities within Division of Land 76-11.
11. REQUEST FOR STREET CLOSURE - ADIOS A LAS
nOT.ONDRINAS Y FIESTA DE LOS ARTES
(29) The request to close Yorba Street and a portion of E1 Camino
Real on October 22 and 23, 1977, from 8:00 a.m. to 5:00 p.m.,
for the purpose of conducting an arts and crafts show to celebrate
the departure of the swallows is approved. Staff is directed
to notify the Sheriff and Fire Departments of the street closures.
12. AUTHORIZATION TO COMMENCE LEGAL
PROCEEDINGS (VAN ROEKL)
(30) The City Attorney is authorized to commence legal action at the
appropriate time to contest the sufficiency of the County's
Environmental Impact Report process in the Van Roekl Recreation
Center, located on Marguerite Parkway north of the City limits,
but within the City's sphere of influence.
13. TREE REMOVAL PERMIT, TRACT 9034
(GLENDALE FEDERAL)
(85) This item was withdrawn from the Agenda at the request of the
applicant.
14. TREE REMOVAL PERMIT, DIVISION OF
LAND 77-4 (MILLER/PHELPS)
(85) Following a discussion, and with the consensus of the Council,
this item was deferred until an independent analysis has been
made from the standpoint of the condition of the trees, the
ability to keep the trees, and the safety aspects involved in
keeping the trees. The applicant had requested a permit to
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remove one elderberry and four California sycamore trees located
directly north of the knoll adjacent to the Capistrano Airport.
At the request of the applicant, the J. Harold Mitchell
Company had analyzed the trees.
15. DOWNTOWN PLAZA AND PARKING STUDY
CONSULTANT SELECTION
(23) Council received copies of a report dated October 5, 1977, from
the Director of Community Planning and Development, forwarding
the names of three firms recommended by the Downtown Plaza and
Parking Study Steering Committee for consideration to prepare
the study. Following discussion with Al Jimenez, a member of
the Steering Committee, Councilman Nash moved, seconded by
Councilman Friess, and unanimously carried to select the firm
of CHNMB/Halprin and Associates as the firm to conduct Phase I
of the study, and to direct the Steering Committee to prepare
and negotiate a firm contract, at a cost not to exceed $21,000,
for Phase I; preliminary cost of the entire study is estimated
at $64,000.
ADMINISTRATIVE ITEMS
CITY CLERK
1.
(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 by the County Registrar of Voters to
the Secretary of State, cites a total of 8,013 registered voters
in the City as of January 14, 1977; 1,361 signatures were
verified (17%). The petitions were presented to the City Clerk
on September 6, 1977, by Bernie Matthey, representing the
Concerned Citizens for Responsive Government.
The City Manager advised that this item had been held over from
the previous meeting for discussion by the entire Council. He
further advised that on September 27, 1977, the proponents of
the measure filed an action for Writ of Mandamus asking the
Court to require the City to either: (a) adopt the Initiative
Ordinance unchanged; or (b) set a special election for December 6,
1977. In a memo dated October 3, 1977, from the City Attorney,
it was determined with the concurrence of the election consultant,
that the Writ will be academic on November 3, 1977, provided the
Council either sets a special election or sets an election to
correspond to the City's regular election in March, 1978. it
was further determined that a General Law City does not have the
alternative of adopting the proposed initiative ordinance without
an election since the Government Code states that all such
ordinances must be determined by the electorate.
Following discussion, it was moved by Councilman Friess and
seconded by Councilman Nash that the following Resolution be
adopted:
RESOLUTION NO. 77-10-5-2, SUBMISSION OF ORDINANCE
FOR ELECTION OF COUNCIL MEMBERS BY DISTRICT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ORDERING THE SUBMISSION
TO THE QUALIFIED VOTERS OF SAID CITY AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON MARCH 7,
1978, OF AN ORDINANCE RELATING TO DIVIDING THE CITY
INTO SEVEN (7) DISTRICTS FOR ELECTION OF MEMBERS OF
THE CITY COUNCIL BY DISTRICT
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183 motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash and
' Mayor Heckscher
NOES: None
ABSENT: Councilman McDowell
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. CRITERIA FOR ADMINISTRATION OF
COASTAL COMMISSION PERMITS REGARDING
SANITARY SEWER HOOK-UPS
(80) Council received copies of a report Dated October 5, 1977,
from the Director of Public Works forwarding the criteria for
administration of Coastal Commission permits regarding sanitary
sewer hook-ups. The permit condition is retained for those
parcels in the Coastal Commission's agricultural boundary map
known as the "Green Zone." To initiate the process whereby
the applicant may obtain a sanitary sewer hook-up permit, a
letter of intent must be submitted to the Environmental Review
Board containing the size, use, location, and date of the last
agricultural operations:on the property. The letter should
formally request sanitary sewer hook-up permits and will accompany
the tentative parcel map in accordance with the established
development process. Property which falls within the "Green
Zone" shall meet special provisions for acquisition of sanitary
sewer hook-ups, as found in the General Plan, the Land Use
Management Code, General Plan Amendment 77-1 Agricultural
Preservation, Growth Management Program Ordinance, and the
Five -Year Budget.
It was the consensus of the Council that this item be held
over pending a further report addressing the City's ability
to remove the restrictions on sewer hook-ups and the legal
implications involved in removing restrictions and administering
the permit.
2. REQUEST FOR SANITARY SEWER HOOK-UP,
DIVISION OF LAND 75-5 (MURALT)
(85) With the consensus of the Council, this item was held over
pending approval of the criteria for administering the Coastal
Commission Permit regarding sanitary sewer hook-ups.
3. REQUEST FOR SANITARY SEWER HOOK-UP,
TRACT 7654 (PATRICK)
(85) With the consensus of the Council, this item was held over
pending approval of the criteria for administering the Coastal
Commission Permit regarding sanitary sewer hook-ups. -
4. TRABUCO ROAD TRUCK TRAFFIC
(87) Council received copies of a report dated October 5, 1977,
from the Director of Public Works forwarding a report on truck
traffic conditions on Trabuco Creek Road in response to the
Village San Juan Homeowners Association request. The Public
Works Department met with the Livingston -Graham Company, who
agreed to flush the gutters and to remove rocks along Trabuco
Creek Road daily. The City will sweep Trabuco Creek Road between
Village Road and its intersection with Rosenbaum Road weekly.
The Director of Public Works noted that the problem will continue
as long as the rock plant remains in operation.
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M :'
Following discussion, it was moved by Councilman Sweeney,
seconded by Councilman Nash and unanimously carried to direct
the Public Works Department to continue to monitor the conditions
along Trabuco Creek Road and to continue to implement measures
to remove the dust and rocks in order to reduce the number of
complaints, and to report back to Council within six months.
COUNCIL REMARKS
1. DEDICATION OF BIKE TRAILS
(32) Councilman Sweeney requested that the Parks and Recreation
Commission consider dedicating the entire City bike trail
system to the memory of Robert McCollum. With the consensus
of the Council, this item was directed to the Parks and
Recreation Commission for their considerations and report.
2. CITY NEWSLETTER
(32) Councilman Sweeney advised that he had attended the public
informational meeting regarding the Bear Brand Ranch Development
and found a number of persons who had no previous knowledge of
the development. He suggested reconsideration of the idea of
a newsletter to supplement the weekly and daily newspapers.
3. REMOVAL OF AGRICULTURAL CONDITION FROM
PERMIT NO. A-62-76 (SERRA)
(32) Council received copies of a letter dated October 3, 1977, from
Angus Smith, Chairman of the Board of Directors of SERRA,
forwarding a formal request of the Board of Directors that
the City consider the removal of the agricultural condition
from Coastal Commission Permit No. A-62-76. With the
consensus of the Council, Mayor Heckscher requested that a report be
returned to Council on this item. The City Manager advised
that the letter will be addressed with the Public Works Department
item regarding criteria for administration of the Coastal Commission
Permit.
4. REQUEST FOR PROCLAMATION FROM BAHA'IS OF SAN JUAN CAPISTRANO
(32) Mayor Heckscher advised that the Baha'is of San Juan Capistrano had
requested inclusion on the list of people giving invocations at the
Council meetings and a proclamation from the City that the week
of October 16-22, 1977, be proclaimed "Baha'i Week." With the
concurrence of the Council, Mayor Heckscher directed that the
Baha'is be added to the invocation list; the request for issuance
of the proclamation was denied.
EXECUTIVE SESSION
Council recessed to Executive Session at 11:53 P.M., the City Clerk
being excused therefrom, and reconvened at 12:24 A.M., Thursday,
October 6, 1977.
CITY ATTORNEY - MEREDITH
DEVELOPMENT COMPANY
(85) It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried that the City Attorney be authorized
to take appropriate legal action against the Meredith Development
Company with regard to the Company allowing homebuyers to take
possession of new homes prior to issuance of Certificates of
Occupancy and prior to completion of development requirements.
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j. 85
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:26 A.M., Thursday, October 6, 1977, to the next
regular meeting date of Wednesday, October 19, 1977.
ATTEST:
YVOV HECKSCHER, MAYOR
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
BY CHERYL.JOHYSON, DEPUTY
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