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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 -1- 10/5/77 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: -2- 10/5/77 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. -3- 10/5/77 ,177 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. -4- 10/5/77 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 -5- 10/5/77 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) -6- 10/5/77 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 -7- 10/5/77 181 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 -8- 10/5/77 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 -9- 10/5/77 183 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. -10- 10/5/77 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. -11- 10/5/77 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 -12- 10/5/77