77-1019_CC_Minutes_Regular MeetingOCTOBER 19, 1977 R
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY 86
6
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
7:06 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Dale
Hickey, Capistrano Valley Baptist Church.
ROLL CALL PRESENT: Yvon 0. Heckscher, Mayor
Kenneth E. Friess, Mayor pro tem
Richard D. McDowell, Councilman
Douglas B. Nash, Councilman
John B. Sweeney, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; Thomas G Merrell, Director
of Community Planning and Development; James S. Okazaki, City
Attorney; Mary Ann Hanover, City Clerk.
COMMEMORATION -
PLANNING COMMISSIONER SHAINMAN
(36) A Minute of Silence was observed in memory of Phyllis Shainman,
whose untimely death occurred on October 17, 1977.
MINUTES
Regular Meeting of October 5, 1977:
It was moved by Councilman Sweeney and seconded by Councilman Nash
that the Minutes of the Regular Meeting of October 5, 1977, be
approved with the following amendments:
(1) Page 2, C. Russell Cook Park Concept Plan, sixth paragraph,
No. 2, strike the words, "favoring the Parks and Recreation
Commission recommendation," and insert the following: "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 the Harold J. Ambuehl School." (The amendment
conforms with the request for correction made by Russell Mann,
28032 Paseo Barranca.)
(2) Page 3, C. Russell Cook Park Concept Plan, second paragraph,
add the following to the penultimate sentence: "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."
(3) Page 11, City Attorney - Meredith Development Company, third
line, insert the word "legal" between ". . . appropriate" and
"action . .
The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash, and
Mayor Heckscher
NOES: None
ABSTAIN: Councilman McDowell
ABSENT: None
-1- 10/19/77
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Nash and seconded by Councilman Sweeney
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. ACCESS TO TENTATIVE TRACT 9390,
BEAR BRAND RANCH'PARCEL 5A
(85) The following persons cited traffic hazards and/or requested
that Calle Aspero and Calle Ricardo become cul-de-sacs in order
to avoid through traffic from the proposed Bear Brand Ranch
development to Del Obispo Street:
(1) Tully Seymore, Attorney at Law, Newport Beach, on behalf
of concerned residents of the Sun Ranch and Meisner Tracts;
(2) Don Markowski, 32022 Paseo de A1'lesandro, on behalf of
the residents who signed the petition presented on
October 5, 1977;
(3) Jim Larson, 32031 Paseo de Allesandro;
(4) Arthur Silver, Calle Ricardo;
(5) Norman Leach, corner of Calle Aspero and Paseo
Monte Vista;
(6) Jack P. Smith, 25921 Calle Ricardo;
(7) Ernest Chapman, 25961 Calle Aspero;
(8) Lisa Merriman, 31886 Avenida Evita;
(9) Ben Lenson, 25972 Calle Aspero, presented photographs
taken in front of his home;
(10) Linda Gilpin, 32142 Via Estelita;
(11) Armando,Gomez, 31591 Paseo de Tania;
(12) Ron Lyons, 31801 Via de Linda;
(13) Tony Bland, 31802 Via de Linda;
(14) Al Ward, 25942 Calle Aspero.
The following persons also addressed the Council on the matter:
(1) David Boyle, 25882 Paseo Juanita, spoke in favor of
the development, but stated that Calle Ricardo should
be a cul-de-sac;
(2) John Gettin, consulting civil engineer for Bear Brand
Ranch, noted his desire to work with staff on a
community -wide transportation system;
(3) Bob Hill, President, Bear Brand Ranch, requested that
another meeting be scheduled so that a presentation may
be made to the homeowners with a question and answer
period following.
-2- 10/19/77
10
(4) Richard Nelson, member of the Traffic and Transportat-hn() v
Commission, advised that he was present to answer any
questions.
2. DOWNTOWN PLAZA AND PARKING STUDY
(68) The following persons addressed the Council:
(1) Marilyn Williams, President, Capistrano Community Affairs
Council, requested that the Downtown Plaza and Parking
Study Contract be removed from the Consent Calendar for
determination of costs to the City, to property owners
and businessmen; scope of the study; and, determination of
purpose of the study. Mrs. Williams presented copies of
her letter dated October 19, 1977.
(2) John Dawson,. Attorney at Law, representing the members of the
Old Mission District Business and Property Owners Association,
presented petitions signed by approximately 55 members, in
opposition to the expenditure of City funds for study of
the downtown Mission area. Mr. Dawson requested that the
contract be removed from the Consent Calendar.
(3) Barbara Day, 26702 Paseo Loreto, stated her opposition to
the concept of a downtown pedestrian mall if it would
restrict traffic on Camino Capistrano;
(4) C. C. McCary, 31501 La Matanza, noted opposition to the
study and requested that the contract be removed from
the Consent Calendar for discussion.
3. CITY COUNCIL MINUTES
(32) Russell Mann, 28032 Paseo Barranca, addressed the Council
to request that the Minutes of October 5, 1977, be amended
to correctly reflect the position of the petitions presented
by Ramon Diaz, as shown on Page 2, under the item entitled
"POD - C. Russell Cook Park Concept Plan." The amendment is
set forth on Page 1 of these Minutes.
4.
(68) Roland Olsen, 25952 Avenida Mariposa, developer of the Plaza de
Prosperidad on Del Obispo Street, requested Council determination
of the Planning Commission condition of approval requiring the
installation of bomanite concrete walkways which would give the
appearance of red mission tile, since the project is not
within the Mission District. It was the consensus of the Council
that Mr. Olsen's request be referred to the City Manager for solution.
5. CHAMBER OF COMMERCE -
CHRISTMAS DECORATIONS IN BUSINESS AREA
(29) Maxine Maurice, Manager of the Chamber of Commerce, urged
approval of -the proposal for City purchase of Christmas
decorations for the downtown business area.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1
390,
- PUBLIC HEARING
(85) This item was taken out of order on the Agenda for the benefit
of interested persons in the audience.
-3- 10/19/77
1 8 9ouncil received copies of a report dated October 19, 1977, from
Mr. Merrell on preliminary analysis of the possible access
routes which may be considered to serve Tract 9390.
Council also received copies of a letter dated October 18,
1977, from Stephen C. Drummy, 31922 Paseo Cielo, requesting
that alternative access routes other than Calle Aspero and
Calle Ricardo be utilized to serve the Bear Brand Ranch.
After discussion, it was moved by Mayor Heckscher, seconded by
Councilman McDowell, and unanimously carried that further
consideration of access to the Bear Brand Ranch development
be held over to the meeting of November 2, 1977, with a Public
Hearing scheduled for that date. The Bear Brand Ranch proposal
is to be set forth, as well as a staff evaluation of that
proposal. Councilman Sweeney requested receipt of up-to-date
information on other tracts on the City side of the ridgeline
which are either being considered by the County Planning
Commission or are in the proposal stage.
RECESS AND RECONVENE
Council recessed at 9:15 P.M
PUBLIC HEARINGS
and reconvened at 9:40 P.M.
1. TENTATIVE TRACT 6381 (REVISED), ZONE CHANGE 77-9
(85) Proposal:
Approval of revised Tentative Tract Map 6381, proposing to
subdivide approximately 157 acres of land into 180 residential
lots, 6 open space and recreation lots, and 1 water reservoir
lot. The revision is due to changes to internal circulation
and grading concepts since Council approval of the Tentative
Tract Map submitted by Mission Hills Ranch, Inc., on June 1,
1977. The proposed zone changes are for adjustment of zone district
boundaries to conform with the revised tentative map, the recreation
lot would be changed from Open Space to Open Space Recreation, and
the central open space area would be changed from Single Family
Residential to Open Space.
Applicant:
Fredericks Development Corporation, 18 Brookhollow Drive,Santa Ana;
Mr. Wade Cable was present to represent the developer.
Written Communications:
1 Report dated October 19, 1977, from the Director of
Community Planning and Development forwarding the
recommendation of the Planning Commission that the
supplemental EIR be certified as adequate and that
the zone change and revised tentative map be approved.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing.open and inquired if anyone in the
audience wished to address the Council. There being no response,
the Public Hearing was closed. Mayor Heckscher requested staff
review of homeowner association CC&R's and ByLaws.
Certification of Supplement to Environmental Impact Report 77-2:
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to certify the supplement to
Environmental Impact Report 77-2 as adequate and accepted as
part of the final Report.
Approval of Rezone 77-9; Introduction of Ordinance No. 336:
The City Attorney read the title of the Ordinance next in order.
Further reading of all ordinances had been waived earlier in the
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meeting. It was moved by Councilman Sweeney and seconded by O
Councilman McDowell that the following Ordinance be introduced:
wn1-Vna"A1V1v - aiv Vnl/1P+9lNur, Vr ins. %,llx Vr aeN JUA1V
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING
OF PROPERTIES DESIGNATED BELOW FROM RS (SINGLE FAMILY),
ES (SMALL ESTATE), AND OS (OPEN SPACE) TO RS (SINGLE
FAMILY), ES (SMALL ESTATE), OS (OPEN SPACE), AND
OR (OPEN SPACE RECREATION)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
Approval of Revised Tentative Tract Map 6381:
It was moved by Councilman Nash and seconded by Councilman Friess
that the following Resolution listing the conditions of approval
be adopted:
RESOLUTION NO. 77-10-19-1. TENTATIVE TRACT 6381 REVISED
qLrnGLr.n14Aa - H nL ovLvl1vY Vr
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REVISED TENTATIVE TRACT MAP 6381
(FREDERICKS DEVELOPMENT CORPORATION)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
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 motion carried by the
following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 1977
(41) The City Treasurer's Report of Investments for the period ending
September 30, 1977, is approved as submitted.
2
'S
1
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies as
of September 30, 1977, is approved as submitted.
3
BALANCES AS OF
(41) The City Treasurer's Report of Fund Cash Balances for the one
month period ending July 31, 1977, is approved as submitted.
-5- 10/19/77
1,9 IPORT OF PLANNING COMMISSION MEETING OF OCTOBER 11, 1977
(67) The Report of actions taken by the Planning Commission at its
meeting of October 11, 1977, is ordered received and filed.
5. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF OCTOBER 4, 1977
(23) The Report of actions taken by the Cultural Heritage Commission
at its meeting of October 4, 1977, is ordered received and filed.
6. AGREEMENT FOR SLUDGE REMOVAL AT TREATMENT PLANT
(38) The Agreement between the City and Golden West Fertilizer Company,
8011 Irvine Boulevard, Santa Ana, California, for the removal of
sludge from the City's sewage treatment plant and premises is
approved for the.period beginning November 30, 1977, and
ending June 30, 1981, with provision for automatic renewal for
an additional 3 -year period of time unless terminated by either
party. The Agreement provides for payment of $89.77 per truckloak
with a minimum guaranty of 30 truckloads per month.
7.
FOR AERIAL
(38) The contract for aerial,topography services to assist the
Engineering Division inlrevising the Master Plans of Drainage
and Sewage, the designing of roads, parks, and equestrian trails,
is awarded to the low bidder, R.J. Lung and Associates, 3955 Birch
Street, Suite 102, Newport Beach, California, 92660, in the amount
of $20,500 to be paid from the Drainage and Sewage Funds equally.
The project is to be completed by March 18, 1978; all other bids
received are rejected.
8. AIRPORT LIABILITY INSURANCE
DAN GORMAN INSURANCE)
(49) The action taken by staff in binding the Airport Liability Insurance
Policy at an annual premium of $5,002 with Dan Gorman Insurance,
27041 La Paz Road, Mission Viejo 92675, is ratified. The binder
is effective for the period September 19, 1977, to August 1, 1978.
9. SERVICE AGREEMENT FOR CONTROLS AND INSTRUMENTATION
(38) The service Agreement for instrumentation, controls, maintenance
and labor at the Waste Water Treatment Facility is awarded to
Fischer and Porter, 2931 Long Beach Boulevard, Long Beach 90806,
in the amount of $8,479.00 for a one-year period of time; all
other bids received are rejected.
10. TREE REMOVAL PERMIT DIVISION OF
LAND 77 4 (MILLER PHELPS)
(85) Consideration of this item was held over to a later date pending
receipt of a report from Bob Potter on the condition of the
trees proposed for removal.
APPROVAL OF WARRANTS
(41) With the consensus of the Council, Mayor Heckscher directed that
Warrant No. 12627, payable to SERRA in the amount of $462,000.00,
be removed from the List of Demands; a revised Warrant is to be
provided. Warrant No. 12625, payable to Monarch Provision Company
in the amount of $608.00, was voided. It was moved by Councilman
Sweeney, seconded by Councilman McDowell and unanimously carried
that the List of Demands dated October 19, 1977, Warrants Nos. 12321
through 12637, inclusive with the exception of No. 12625 and
No. 12627, and 1911 Act Account Warrant No. 0214, in the amended
total amount of $245,946.49, be approved as submitted.
-6- 10/19/77
W
192
(38) The proposed amendment to the hold harmless clause of the
Law Enforcement Services Contract between the City and the
County of Orange is held over to the meeting of November 2,
1977, as requested by the City Manager.
DOWNTOWN PLAZA AND PARKING STUDY CONTRACT PHASE I
CHNMB LAWRENCE HALPRIN AND ASSOCIATES
(68) Council received copies of a report dated October 19, 1977, from
the Director of Community Planning and Development forwarding a
draft copy of the Agreement with CHNMB/Lawrence Halprin and
Associates, 1620 Montgomery Street, San Francisco 94111, for
the preparation of Phase I of the Downtown Plaza and Parking
Study at a cost of approximately $20,000. Mr. Merrell recommended
that the Mayor be authorized to execute the Agreement when the
concerns are alleviated regarding direct costs, language referring
to redevelopment, typographical and technical errors. Phase I
of the Study is to provide information on the economic potential
of the area, traffic and parking.
Mayor Heckscher noted that in order to clarify that only Phase I
is being considered at this time, the last sentence of the Summary
on Page B-10 should be eliminated, as well as any language giving
the impression that the study would be implemented on a piecemeal
basis.
Councilman Sweeney suggested the following amendments: removal
of all references to "redevelopment;" Exhibit B, first page,
Task Description and Project, insert as the second sentence,
"The economic implications of tourism present and future will also
be examined;" Page B-1, Consultant Team, add to the last sentence
of the first paragraph, ". . . and to obtain information on the
year-round potential of tourists and visitors to the study area."
Mr. Sweeney noted that the study should provide answers on
parking problems, tourism, and downtown development goals.
Councilman McDowell noted that costs should be included in the
study and that the people vitally involved in the study area are
not in favor of the proposal. Councilman Friess inquired if there
had already been studies made of the area; noted that it would be
preferable if the study provided direction on costs; cited concerns
on the viability of the study when the consultant's questions will
be answered by persons hostile to the study.
Mayor Heckscher noted that parking and traffic are major elements
of the study and are major problems in the area which will be
impacted by further development in the City.
Councilman Friess requested that prior to approval, the following
items be included in the agreement: an estimate of City staff
time and cost; direction on alternative uses with approximate
cost figures. Mr. Merrell noted that parking deficiencies could
be addressed and cost estimates made.
It was moved by Councilman Sweeney and seconded by Councilman
Nash to authorize the Mayor to execute the Agreement after review
and acceptance by the Steering Committee and including review of
the concerns expressed by Council and the concerns expressed by
members of the community during Oral Communications. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash and
Mayor Heckscher
NOES: Councilman McDowell
ABSENT: None
-7- 10/19/77
9:
moved by Councilman McDowell, seconded by Councilman
Sweerrey and unanimously carried that the letter listed under
Written Communications and dated October 3, 1977, from the Old
Mission District Business and Property Owners Association
regarding the proposed Downtown Plaza and Parking Study, be
received and filed.
ADMINISTRATIVE ITEMS
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. CRITERIA FOR
TION OF COASTAL COMMISSION
($0) Council received copies of a report dated October 19, 1977, from
the Director of Public Works forwarding copies of a proposed -
Resolution which would allow standard administration of appli-
cations for sewer hookup permits if the property in question
is outside of the 230 -acre agricultural preserve.
2.
Permit #A 62-76 issued by the California Coastal Commission to
the South East Regional Reclamation Authority for the construction
of the ocean outfall contains a Condition #2 which prohibits
sewer hookups on approximately 1200 acres of Class I and II soil
in the City except where specifically permitted. Subsequently,
on August 17, 1977, the Commission designated the City as
successor in interest in the administration of Condition #2.
The Resolution is to be amended to insert findings that since
the 230 -acre area is the only land within the City suitable for
continued agricultural use, application of Condition #2 should
properly be removed from the land outside of that 230 -acre area.
It was moved by Councilman Nash and seconded by Councilman Friess
that the following Resolution be adopted:
77-10-19-2. ADMI
OF COASTAL
uumMloolyn I nml I - 07 nr.n nvvnur.i vuiui uu .-+., •sa .. vaa
PRESERVE - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO DELETING CONDITION #2 OF
THE COASTAL COMMISSION PERMIT #A62-76 ON ALL LAND
OUTSIDE THE 230 -ACRE AGRICULTURAL PRESERVE
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
Requests for Sanitary Sewer Hookup Permits Outside
230 -Acre Agricultural Preserve:
No Council action is required on the following requests for
sanitary sewer connection permits due to the adoption of
Resolution No. 77-10-19-2,,above, since the projects are
located outside of the 230 -acre Agricultural Preserve:
(1) Division of Land 75-5 (Muralt);
(2) Tract 7673 (Maurer);
(3) Tract 8485 (Maurer).
FOR
SEWER HOOKUP PERMIT -
(85) Council received copies of a report dated October 19, 1977,
from the Director of Public Works forwarding a letter dated
-g- 10/19/77
August 24, 1977, from Mathew R. Loonin, Corrales Estates,
requesting approval of sanitary sewer hookup permits for
Tentative Tract 7654 (Corrales Estates). A Planning Commission
Condition of Approval No. 27 specifically required that a sewer
hookup permit be obtained prior to the issuance of building
permits.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to grant the request for
sanitary sewer hookup permits for Tract 7654.
3. CANCELLATION OF ARTERIAL HIGHWAY FINANCING PROGRAM
NO. 784 - CAMINO CAPISTRANO
(44) Council received copies of a report dated October 19, 1977, from
the Director of Public Works requesting cancellation of AHFP
No. 784 with the County of Orange since a sufficient time extension
will not be granted to accomplish the proposed assessment and
utility undergrounding districts. By this action a project
termination by the County with unfavorable prejudice will be
avoided. It is intended that the project will be resubmitted
for funding in the future with a request for a larger partici-
patory share by the County.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted:
77-10-19-3
TION OF AHFP
RV. 10Y - I-amlay 1..HrlalttRBV - H nGavLulluA VT 1nz
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CANCELLING AN IMPROVEMENT PROJECT ON
CAMINO CAPISTRANO, COUNTY OF ORANGE ARTERIAL HIGHWAY
FINANCING PROGRAM NUMBER 784
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None /
4. APPROVAL OF ARTERIAL HIGHWAY FINANCING
NO. 883 - DEL OBISPO STREET AGUACATE R
(44) Council received copies of a report dated October 19, 1977, from
the Director of Public Works providing a review of the funding
for the proposed Del Obispo Street/Aguacate Road improvement
project, as requested by Council on August 24th. The sum of
$88,000 is budgeted for the project during fiscal year 1978,
with an additional $12,000 impounded from fiscal year 1977.
It was moved by Councilman Sweeney and seconded by Councilman
Friess to approve Arterial Highway Financing Program No. 883,
Del Obispo Street/Aguacate Road and to authorize the expenditure
of funds budgeted for its improvement. The motion carried by
the following vote:
AYES: Councilmen Sweeney, McDowell, Friess and Nash
NOES: Mayor Heckscher
ABSENT: None
5. ORTEGA HIGHWAY
(44) It was the consensus of the Council to defer discussion of the
status of proposed improvements to the Ortega Highway and
-9- 10/19/77
195
related facets of historical preservation to a later date, as
requested by the Director of Public Works.
6. APPROVAL OF REQUEST FOR CITY PURCHASE OF CHRISTMAS
(29) Council received copies of a report dated October 19, 1977, from
the Director of Public Works regarding the request of the Chamber
of Commerce that the City purchase Christmas decorations to be
installed in the downtown area along Camino Capistrano. Proposals
submitted by the Chamber of Commerce include pole mounted gothic
window decorations, four lighted cross -street skyline displays,
and a lighted Christmas tree. The Chamber is allocating $500
toward purchase of the tree which would be donated to the
Chamber; its location at a business site would be selected yearly.
The Director of Public Works requested that if approved, a
budget be established at $5,500 for displays and $2,000 for
miscellaneous parts and services and City crew services for a
total of $7,500, plus costs of the Christmas tree up to $600.
Councilman McDowell suggested that a live tree be planted,
possibly at the corner of Paseo Adelanto and Del Obispo Street,
with an annual tree lighting ceremony, and that street
decorations be on Ortega Highway where the majority of persons
enter the City.
Maxine Maurice, Manager of the Chamber of Commerce, addressed the
Council in favor of the proposal.
It was moved by Councilman Friess, seconded by Councilman
McDowell and unanimously carried to authorize the expenditure
of not more than $7,500 for the purchase of appropriate Christmas
decorations, the amount to include installation.
It was moved by Councilman Friess, seconded by Mayor Heckscher
and unanimously carried to provide funds up to $600 toward
purchase of a 21 -foot red spiral fantasy tree, the total cost
to be shared with the Chamber of Commerce.
Installation of the decorations is planned for December 1st,
with removal on January 3rd. Mayor Heckscher noted that
Mr. McDowell's suggestion for planting a live tree, caroling,
and tree lighting ceremony should be considered either this
year or the following year.
7. OCEAN OUTFALL, PROJECT COMMITTEE NO. 5 (SERRA)
(79) Addendum to Agreement for Construction Deposits:
Council received copies of a report dated October 19, 1977, from
the Director of Public Works forwarding an Addendum to the Project
Committee No. 5 Agreement which provides for funding alternatives.
Project Committee No. 5 currently provides for a City deposit of
$496,545 with SERRA before award of bid for construction of the
ocean outfall. The Addendum will allow the City to deposit
$183,804 with the remainder of $312,741 maintained in the City
treasury throughout the period of construction. The Director
of Public Works noted the inclusion of the following amendment
to Page 3, fourth line of the Addendum: add the words "or
otherwise available" between ". .its treasury" and "the total
amount. ."
It was moved by Councilman McDowell, seconded by Councilman Sweeney
and unanimously carried to approve the Addendum to the Project
Committee No. 5 Agreement, as amended.
Resolution Authorizing Funding of City's Portion of Project:
Council received copies of a report dated October 19, 1977, from
the Director of Public Works forwarding a proposed Resolution
authorizing the funding of the City's portion of the outfall
-10- 10/19/77
project, including a cash deposit with SERRA a portion of which
will be funded by grant monies. The State Water Resources Control
Board has .certified Healy Tibbetts' bid of $11,290,000, and has
authorized grant funds. SERRA is scheduled to award the bid on
November 1; 1977; each agency's cost allocation is to be available
at that time.
Mayor Heckscher directed that the Resolution be amended to clearly
reflect the Council action, including the local cost allocation
of $197,826; the fact that the City's proportionate share of the
project is $496,545; and the immediate disbursement of $183,804
is authorized.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted:
7-10-19-4. AMENDING THE BUDGET FOR
VU7-1-a" kJL'nna) -- a ICr,0ULU11V1V V.V Inv, l.11i %Null
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE BUDGET FOR 1977-78 FISCAL YEAR
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
COMMISSIONS, BOARDS, COMMITTEES
VIA DE AGUA STUDY COMMITTEE
1. STATUS REPORT
(87) Council received copies of a report dated October 19, 1977, from
the Director of Public Works forwarding a chronological background
report regarding the plan for installation of 4 -foot sidewalks on
the west side of Via de Agua, as presented by the Via de Agua
Study Committee on July 6, 1977.
Mayor Heckscher noted that acceptance of the report indicates
the City's willingness to continue to work out a solution that
will be acceptable; and, with the consensus of the Council,
directed that the report be received and filed.
COUNCIL REMARKS
1. REMOVAL OF EUCALYPTUS TREES,
TRACT 9382 MAURER
(85) Councilman Nash inquired into the legal implications of amending
the approval previously granted for the removal of the landmark
eucalyptus grove located on the Ortega Highway, and cited the
letter dated October 14, 1977, from San Juan Beautiful. With
the concurrence of Council, Mayor Heckscher directed that the
developer be contacted for discussion of retaining the trees.
2. MAYOR'S MONTHLY MEETING
(32) Councilman Friess noted that he would be unable to chair the
meeting scheduled with Commission chairmen and department heads
for October 26th. Mayor Heckscher advised that he would attend
the meeting.
3. APPOINTMENT OF UNITED NATIONS DAY CHAIRMAN
(23) Mayor Heckscher directed that appointment of a United Nations
Day Chairman be referred to the City Manager.
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��[J�VE SESSION
Council recessed to Executive Session at 11:55 P.M., the City Clerk
being excused therefrom, and reconvened at 12:16 A.M., October 20, 1977.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:17 A.M., Thursday, October 20, 1977, to the next regular
meeting date of Wednesday, November 2, 1977, at 7:00 P.M. in the City
Council. Chamber.
ATTEST:
YVON O. HECKSCHER, MAYOR
Respectfully submitted,
l
MARY ANN/ t VER, CITY CLERK
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