76-0818_CC_Minutes_Regular Meeting265
AUGUST 18, 1976
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 Nash at
7:09 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Julian -
King, Capistrano Valley Baptist Church.
ROLL CALL PRESENT: Douglas B. Nash, Mayor
Yvon 0. Heckscher, Mayor pro tem
Councilman Kenneth E. Friess
Councilman Richard D. McDowell
Councilman John B. Sweeney
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
-5irector of Administrative Services; William D. Murphy, Director of
Public Works/City Engineer; Thomas G. Merrell, Director of Planning;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES:
Regular Meeting of July 21, 1976: It was moved by Councilman Sweeney,
seconded by Councilman McDowell and unanimously carried that the
Minutes of the Regular Meeting of July 21, 1976, be approved as
submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman McDowell, seconded by Councilman Sweeney
and unanimously carried that all ordinances be read by title only.
CONTRACTS. AGREEMENTS
RISK MANAGEMENT AND INSURANCE AUDIT - ACCEPTANCE OF PROPOSAL
(49) Council received copies of a report dated August 18, 1976, from
the Director of Administrative Services forwarding a proposal
dated May 17, 1976, from the firm of Warren, McVeigh, Griffin
& Huntington for the completion of a risk management and insurance
audit. Forwarded also were copies of a letter dated July 26, 1976,
from Richard R. Huntington, CPCU, listing the specific additional
items to be included as part of the audit, i.e., errors and
omissions exposure, the Capistrano Airport operation, operation
of the treatment plant and SERRA, and bonding requirements for
City officials and employees.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to accept the proposal of the
firm of Warren, McVeigh, Griffin & Huntington of Newport Beach
for the performance of a risk management and insurance audit in
the total amount of $3,000.
2. HYDRAULIC SEWER RODDER MACHINE - APPROVAL OF SPECIFICATIONS
(74) Council received copies of a report dated August.18, 1976, from
the Director of Administrative Services forwarding specifications
for one hydraulic sewer rodder machirke, as set forth in the
5 -year budget.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to authorize the Director of
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266 Administrative Services to advertise and obtain bids for a
hydraulic sewer rodder machine for the Public Works Department.
3. AERIAL PHOTOGRAPHY SERVICES FOR TRAFFIC CONTROL SYSTEM -
A U? � , , ��xrmi, A r,�
(82) Council received copies of a report dated August 18, 1976, from
the Director of Public Works forwarding a capitulation of bids
received for aerial photographs for use in evaluating the City's
traffic control device system. The City will be reimbursed for
the entire amount of the services by the State of California,
Office of Traffic Safety.
It was moved by Councilman Sweeney, seconded by Mayor Nash and
unanimously carried to award the contract for aerial photography
services to the low bidder, Robert Bein, William Frost & Associ-
ates, in the total amount of $5,350, and to reject all other bids
received. The Mayor is authorized to execute the contract on
behalf of the City and the City Clerk to attest thereto.
4. AGREEMENT FOR LEASE OF CITY PROPERTY (4-11 CLUB)
(73) Council received copies of a report dated August 18, 1976, from
the Director of Public Works forwarding a proposed Agreement
between the City and the 4-H Club providing for the lease of
City property for boarding livestock. The property is located
south of the Administration Building between -the existing vehicle
storage shed and the railway right-of-way and consists of approxi-
mately 9800 square feet. All equipment and funding will be
provided by the 4-H Club, and it is proposed that the City will
provide water. The Lease provides for a pa-ment of $1.00 per Mr.
Councilman Friess advised that sufficient materials have already
been acquired to commence construction of the pens; the Club vtll
establish its own rules and regulations for use of the facilities
with the concurrence of the Director of Public Works; it is antici-
pated that all farm animals except horses will be boarded at US
facility; Club members are aware of the fact that if their opera. -
tion becomes a nuisance, they will lose the right to use the City
property.
Mayor Nash questioned the hours of use set forth in the Agree"Mt
(8:00 A.M. to 6:00 P.M.), especially during the summer months,
The City Attorney suggested the hours be changed to read, 'Ifrew�
sunup to sundown." Mrs. Gillian Cannon, Club Leader, addressed
the Council regarding the restriction of use to the daylight bwars
since it is sometimes necessary to attend to animals after dazt-
The City Manager advised that the City is concerned with securtty
considerations and that if there is a need to enter the propeTty
after daylight hours, written approval will be granted. Mrs.
Gillian advised that keys to the entry gate will be provided ts
the City and to the Sheriff's Department.
It was moved by Councilman Friess, seconded by Councilman Heclacber
and unanimously carried to approve the Agreement, as amended,
providing for the lease of City property for boarding livestoft,
by the 4-H Club. Page 2, Paragraph 9.a., is amended to read,"Ne
hours of operation shall be during daylight hours, seven daysi,
week, and other times as approved by the City Manager."
Stan Griffith, member of the 4-11 Club addressed the rouncil to
express his appreciation for the use of th- He advised bttt
the members plan to raise animals an -4 E;ardens; approximataLlk
2000 feet of fencing materials �`_�eady been donated to Ito,
Club.
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267
5. SAN JUAN CREEK REST STOP - APPROVAL
(62) Council received copies of a report dated August 18, 1976, from
the Director of Public Works advising that a time extension to
March 31, 1977, has been received from the County Flood Control
District for the rent-free lease of the Rest Stop property. The
plans have been revised as recommended by the Parks and Recrea-
tion Commission and include the deletion of mounding of the lawn
deletion of tot lot, sidewalks, and concrete picnic areas,
area ,
and the reduction of lawn area and numbers of trees. The revised
plans which include a ring for horses, picnic area, and restroom
facilities, were available for Council consideration, as well as
the previous plans. The total cost of the City -County project is
estimated at $55,000, with the City's share estimated at $21,000.
The Director of Public Works advised that cost of maintenance of
the site, as revised, would be approximately 50% less than the
original plans.
Council discussed the revised plans and the need for hard surface
walkways and directed that the plans be revised to provide for
additional cement walkways to lead from the grass area to the
restroom facilities and from the bike trail to the grass area.
It was moved by Councilman Sweeney, seconded by Councilman Friess
and unanimously carried to approve the revised plans and specifi-
cations for the San Juan Creek Rest Stop with the inclusion of
the additional cement walkways and to authorize a call for bids.
PUBLIC HEARINGS
1. REZONE 76-8 (PATRICK DEVELOPMENT) AND CONSIDERATION OF
TENTATIVE TRACTS 7654 AND 9373
(95) Council received copies of a report dated August 18, 1976, from
the Director of Planning regarding forwarding a copy of a letter
dated August 12, 1976, from George T. Kruer, Managing Director,
Patrick Development Company, requesting that the City consider
rescheduling the Public Hearing on the above -entitled matter from
August 18th to September 1, 1976. Mayor Nash so directed.
ORAL COMMUNICATIONS
1. EL CAMINO REAL PARK BEAUTIFICATION PROJECT (4-H CLUB)
(62) Mrs. Gillian Cannon, 26467 Calle San Luis, 4-H Club Leader,
addressed the Council to advise that the Club has not abandoned
its plans to plant certain areas of El Camino Real Park. The
City has requested that the Club hold off on their project until
the contractor has installed the irrigation system and grass areas.
The Director of Public Works advised that seeding of the grass
areas should commence on August 23.
2. MISSION BELL TRACT - DE -ANNEXATION PROCEEDINGS
(21) Richard Nelson, 33222 Via Mayor, resident of the Mission Bell
Tract, addressed the Council to advise that he had provided the
City Manager with a list of persons who wished their names
removed from the petition requesting de -annexation of the
Mission Bell Tract from the City.
3. PRESERVATION OF CAPISTRANO HIGH
(23) Brett Shears, 26722 Paseo Loreto, addressed the Council and sug-
gested that the City should be able to acquire the High School
Site at a minimum expense since the property and improvements
were originally paid for by residents of the City.
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�1 NANCE�:
1. ORANGE COUNTY ANIMAL CONTROL IMUUJ�ATIUNO -
(57) Council received copies of a report dated August 18, 1976, from
the City Clerk forwarding a proposed Ordinance adopting by
reference the provisions of the Orange County Animal Control
Ordinance as adopted by the Board of Supervisors on May 4, 1976.
Forwarded also were copies of a Resolution setting forth animal
facility rules and regulations and fee schedules to be submitted
in concurrence with the adoption of the Ordinance. The City
previously entered into an agreement for animal control enforce-
ment services with the County of Orange wherein the County
retains all fees and revenue derived from the enforcement of
the City's Ordinance in consideration of their services.
Councilman McDowell 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 being:
ORDINANCE NO. 308, ANIMAL CONTROL - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING BY REFERENCE DIVISION 1, TITLES 4 & 5, OF
THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE
RELATING TO ANIMAL CONTROL, WELFARE AND LICENSE
REQUIREMENTS, AND RESCINDING CITY ORDINANCE NO. 173
be introduced. The.motion carried by the following vote:
AYES:. Councilman Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
A Public Hearing will be held on September 15, 1976, in conjunc-
tion with the Ordinance adoption, and the adoption of the
accompanying Resolution setting forth animal facility rules
and regulations and fee schedules.
RESOLUTIONS
1. COMMEMORATING MONSIGNOR VINCENT LLOYD -RUSSELL
(36) Council received copies of a proposed Resolution in praise of
the Right Reverend Monsignor Vincent Lloyd -Russell and in
commemoration of his unselfish devotion to the community.
Monsignor Lloyd -Russell served as Pastor of Mission San Juan
Capistrano from October of 1951 until his death on July 29,
19762 and during his tenure the Catholic Culture and Heritage
Society was established and construction of the Mission School,
Gymnasium, Convent Chapel, and Rectory took place.
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that the following Resolution, being:
RESOLUTION NO. 76- -1
8 C7j12CL1qNSIGNOR VINCENT LLOYD -RUSSELL.
A RESOLUTION OF THE Y OUNC IL oi,, 'rkiE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IN COMMEMORATION OF THE RIGHT
REVEREND MONSIGNOR VINCENT LLOYD -RUSSELL
be adopted. The motion carried by the following vote:
8/18/76
AYES: Councilmen Sweeney, McDowell, Friess, Hockscher,
and Mayor Nash
NOES: None
ABSENT: None
2. CONFLICT OF INTEREST CODE FOR CITY COUNCIL MEMBERS
(32) Council received copies of a report dated August 18, 1976, from
the City Clerk forwarding a proposed resolution adopting a
Conflict of Interest Code for Members of the City Council, as
mandated by the Political Reform Act of 1974 (Proposition 9).
Forwarded also were copies of Chapter 7, the Conflicts of -
Interest portion of the California Government Code.
The City Attorney recommended that since the City Council also
serves as the ex -officio Board of Directors of Orange County
Waterworks District #4, that capacity also be set forth in the
Resolution.
3.
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that the following resolution, being:
RESOLUTION NO. 76-8-18-2. CONFLICT OF INTEREST CODE -
CITY COUNCIL - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AND AS THE
EX -OFFICIO BOARD OF DIRECTORS OF ORANGE COUNTY WATER-
WORKS DISTRICT #4 ADOPTING A CONFLICT OF INTEREST CODE
APPLICABLE TO ITS MEMBERS IN THE FOREGOING CAPACITIES
PURSUANT TO THE POLITICAL REFORM ACT OF 1974
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
The City Clerk is directed to send a certified copy of the
above Resolution to the Fair Political Practices Commission.
TIVE
(79) Council received copies of a proposed Resolution appointing a
Member and'Alternate to the South East Regional Reclamation
Authority Board of Directors, as discussed at the Council meet-
ing of August 4, 1976.
It was moved by Mayor Nash and seconded by Councilman Heckscher
that the following Resolution, being:
RP,SOLUTION NO. 76-8-18-3, APPOINTING SERRA BOARD
MEMBER AND ALTERNATE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPOINTING BOARD MEMBERS TO SERVE AT MEETINGS UNDER
THE SERRA CONTRACT, AND RESCINDING RESOLUTION NOS.
70-3-11-4 AND 73-9-11-4
be adopted. The motion carried by the following vote:
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lu
AYES: Councilmen Sweeney, McDowell, Friess, Heckschcr
and Mayor Nash
NOES: None
ABSENT: None
The Resolution appoints James F. Thorpe as Board Member and the
Director of Public Works, William D. Murphy, as Alternate to
serve at the meetings under the SERRA contract.
4. ESTABLISHING FEES FOR DUPLICATION OF PUBLIC RECORDS AND
ii�noUITTn-10 � TWTQn�o�TnXT n�r MT!V nTTDT To
(31) Council received copies of a report dated August 18, 1976, from
the Director of Administrative Services forwarding a proposed
Resolution establishing rules and regulations and fee schedules
for the duplication of City records and inspection of records
by the public, pursuant to the Public Records Act, Government
Code Section 6250, et seq.
Council suggested that Section 4, Paragraph a., be amended to
read as follows: "Copies of public records shall be provided
upon payment of the sum of ten cents (10�) per copy of an
original page not to exceed 812" x 1411 in size."
It was moved by Councilman McDowell and seconded by Councilman
Friess that the following Resolution, being:
RESOLUTION NO. 76-8-18-4. INSPECTION AND
UX V-111 L"t-ulvirliN10 - A nzov�ull�ix VX ln� ��11
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING PROCEDURES AND FEE SCHEDULE FOR VARIOUS
CITY DOCUMENTS REQUESTED BY THE PUBLIC AND REPEALING
RESOLUTIONS NOS. 71-8-23-2, 72-10-24-2, AND 73-8-27-5
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher
and Mayor Nash
NOES: None
ABSENT: None
Mayor Nash noted that City Council, Commission and Board meeting
tapes are not included in the above Resolution and suggested
that procedures should also be established for the use of tapes
by the public. With the concurrence of the Council, Mayor Nash
directed that staff prepare a policy for such tapes for submis-
sion to the Council at a later date.
WRITTEN COMMUNICATIONS
1. PROPOSED ANNEXATION - MOGAN PROPERTY
(21) Council received copies of a letter dated August 5, 1976, from
Fred F. Ervin, President, Ervin Engineeringon behalf of R.F.
Mogan, requesting annexation to the City of a 16 -acre parcel of
land located easterly of the Marguerite Parkway and southerly of
Via Escolar in unincorporated County territory adjacent to the
City, subject to prezoning and tentative map approval. Maps
showing the Preliminary Study of the J_
2 acre lot subdivision*
were also provided. The property is within the City's sphere of
influence.
With the concurrence of the Council, Mayor Nap" ..r;._CC;Led that
the request be refel-red to the Environmeatal Review Board
for report and recommendation back to 1�; �-�uncil.
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- 8/18/76
271
CONSENT CALENDAR
Planning Commission Report:
(46) Councilman Sweeney suggested that with regard to the requested General
Plan Amendment 76-2D, proposed Prudential shopping center in Alto
Capistrano, consideration should be given to use of the remainder of
the area if approval is granted for less than a 14 -acre site. Mayor
Na.sh noted that it should be realized that a 14 -acre site would be
comparable in area to the total acreage of El Adobe Plaza, Mission
Village, and San Juan Plaza.
Mission Bell Ranch Tax Reimbursements:
(86) Councilman Sweeney commended the City Staff for compiling the tax
refund amounts, as set forth in the warrants. The City Manager advised
that discussions are continuing with the Capistrano Bay Parks and
Recreation District for reimbursements of double tax funds.
It was moved by Councilman Friess, seconded by Councilman Sweeney and
unanimously carried that the staff recommendations be accepted with
regard to the following Consent Calendar items:
1. APPROVAL OF WARRANTS
(41) The List of Demands dated August 18, 1976, Warrants Nos. 7684
through 7971, inclusive, and 1911 Act Account Warrant No. 0185,
in the total amount of $111,870.45, is approved as submitted.
2. PLANNING COMMISSION ACTIONS OF AUGUST 10, 1976
(68) The Report of actions taken by the Planning Commission at its
regular meeting of August 10, 1976, is ordered received and filed.
3. PLANNING COMMISSION ANNUAL REPORT
(68) The Annual Report of the Planning Commission, required by the
Government Code and the City's Land Use Management Code, is
ordered, received and filed.
4. REPORT OF CULTURAL -HERITAGE COMMISSION MEETING OF AUGUST 3, 1976
(23) The report of actions taken by the Cultural Heritage Commission
at its regular meeting of August 3, 1976, is ordered received
and filed.
5. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JULY 31, 1976
(41) The City Treasurer's Report of Investments for the period ending
July 31, 1976, is ordered received and filed.
6. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF
JULY 31, 1976
(41) The City Treasurer's Report of delinquent 1911 Act Bonds as of
July 31, 1976, is ordered received and filed.
7. RELEASE OF BONDS, TRACT 7626 (LEADERSHIP HOUSING).
(85) The public improvements to Tract 7626 (Leadership Housing) are
accepted; the Labor and Material Bond and the Monumentation Bond
are exonerated; an extension to July 30, 1977, is required for
the Faithful Performance Bond.
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2782
ORANGE COUNTY 11OUSTNG AUTHORITY -
STANCE
(89) The application for housing assistance funds submitted to the
Federal Department of Housing and Urban Development by the
Orange County Housing Authority is supported.
RECESS AND RECONVENE
Council recessed at 8:30 P.M. and reconvened at 8:48 P.M.
SUBDIVISIONS AND ANNEXATIONS
1. LAND USE PERMIT 74-1 EASEMENT (OLSEN)
(39) Pursuant to the request of the applicant Roland Olsen, con-
sideration of LUP 74-1 was continued to the Council meeting of
September 1, 1976.
ADMINISTRATIVE ITEMS:
DIRECTOR OF PLANNING
1. INTERIM GROWTH MANAGEMENT POLICY FOR TENTATIVE TRACTS
(28) Council received copies of a report dated August 18, 1976, from
the Director of Planning forwarding a Growth Projection Table
and a proposed interim growth management condition for 5 pending
tentative tract maps. The Director of Planning advised that the
condition is proposed for use prior to the formulation of a
formal program for growth management with City-wide application,
The proposed condition of approval reads as follows:
"In order to provide for an orderly progression of develop-
ment, mitigate adverse impacts on City services, schools,
and other public agencies, the applicant shall enter into
an agreement with the City which governs the rate and geo-
graphic distribution of construction within the tract prior
to approval of a final map. Said agreement shall specify
the lots and public improvements to be constructed in each
phase and set forth the terms and conditions for progressing
from one phase to the next."
The agreement would be precise with regard to phasing,
indicating specific lots, streets, drainage facilities,
utilities, construction equipment access, and grading for
each phase. Exact dates will control commencement of each
phase, and a provision which prevents overlapping phases
in subsequent years will be included.
The steps to be taken to implement the condition of
approval are as follows:
1. The applicant submits his proposed phasing plan to
the Architectural Review Board.
2. The phasing plan, as approved by the Architectural
Review Board, is reviewed by the Planning Commission.
3. The City Council reviews the phasing nlan as recom-
mended by the Planning Commiss--j..
4. The City Attorney draf4=; 'ie formal agreement based
bn the phasing pla- ao�;epie'd by the City Council and
applicant.
IM
a
8/18/76
5.
The applicant and
City Council
execute
the agreement.
6.
Council considers
approval of
the final
map.
Council Members and the Director of Planning discussed the
proposed condition. Councilman H-ockscher noted that in the
Summary of Units by Year of Occupancy, the figures shown for
1977 appear realistic, but that lie was concerned about the,
numbers of units shown for 1978; many additional units could
be occupied by 1978 if proposals were received in the near
future. Councilman Sweeney inquired how the condition would
be applied to individual builders or owner/builders. The
Director of Planning advised that the formal Growth Management
Program would address that type of construction.
Councilman Heckscher inquired if it were feasible to enter into
agreements -which provide no guidelines other than phasing. The
City Attorney responded that the conditions would have to be
definite with the reasons for the phasing set forth; and, guide-
lines for the agreements would have to be formulated prior to
addressing the tentative maps.
Councilman Heckscher suggested that the justification for
phasing be tied to such concerns as an adverse effect on schools,
sewers, etc. and that a better definition of the phasing plan
be submitted. The Director of Planning advised that guidelines
would be provided in the near future. Mayor Nash requested an
evaluation of implications of Council adopting a limitation of
approximately 200-250 units per year along with comparisons for
250 or 500 units per year. In response to an inquiry from Mayor
Nash, Mr. Merrell advised that it would appear that none of the
regulations would have effect before 1978-79.
Councilman McDowell suggested that a final date be established
each year after which no further subdivisionapplications will
be accepted.
It was moved by Councilman Heckscher, seconded by Mayor Nash and
unanimously carried that the provisions set forth in the memo-
randum dated August 18, 1976, from the Director of Planning
entitled Interim Growth Management Conditions for Tentative
Tracts, be implemented as the City's interim policy.
CITY MANAGER
1. CAPISTRANO HIGH SCHOOL - PROPOSED DEMOLITION OF GYMNASIUM
(78) Council received copies of a memorandum dated August 17, 1976,
from the City Manager advising that at their meeting of August 16
the School Board had agreed not to award the bid for demolition
of the Williams Gymnasium for a period of 30 days. A committee
composed of Board Member William R. Thompson and School Super-
intendent Jerome Thornsley was appointed to meet with City
representatives regarding the demolition.
With the concurrence of the Council, Mayor Nash appointed Council-
man Friess to meet with the school representatives and the City
Manager to determine if there are feasible alternatives to the
demolition of the gymnasium. A report will be prepared for Council
and School Board consideration by September 15, 1976.
Councilman Friess requested that the Director of Public Works
provide a cost estimate for renovating the structure.
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274
COMMISSIONS, BOARDS, CQAIMITTEES
PARKS AND RECREATION COMMISSION
IMPLEMENTATION OF RECREAT
i, % � T T � �r
(62) Council received copies of a report dated August 18, 1976, from
Jill Clark, Chairman of the Parks and Recreation Commission,
forwarding the Commission's recommendation from their meeting
of July 12, 1976, that an additional $1.00 registration fee per
participant be charged commencing with the 1976 winter programs.
The fees from the surcharge would be deposited in a special
reserve fund for the future acquisition of a recreation facility.
Brett Shears, Commission Member addressed the Council in favor
of the proposal, and advised that the intention is that the
funds would be specifically earmarked for acquisition or reno-
vation of a recreation facility.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that an additional $1.00 per
participant in the recreation program be charged for deposit in
the Parks and Recreation Fee Fund, said monies to be restricted
to the acquisition of future recreation facilities.
PLANNING COMMISSION
1. ACCEPTANCE OF RESIGNATION OF COMMISSIONER WYNDHAMSMITH
(68) Council received copies of a. report dated August 18, 1976, from
the City Manager forwarding a letter dated August 2, 1976, from
Richard Wyndhamsmith submitting his resignation as a member of
the Planning Commission due to a conflict of interest.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to accept Mr. Wyndhamsmith's
resignation.
TRAFFIC AND TRANSPORTATION COMMISSION
1. REQUEST FOR PLANTED MEDIANS IN CUL-DE-SACS
(87) Council received copies of a report dated August 18, 1976, from
George Alvarez, Secretary of the Commission, regarding the
feasibility of installing planted medians in cul-de-sac streets.
Mr. Stanley Fullerton, 31972 Pasco de Elena, had previously
requested that consideration be given to the installation of a
planted median on that street. The Commission recommends that
the proposal be denied for Paseo de Elena and for any other
cul-de-sac street in the City. It is estimated that the con-
struction cost of this type of planted area would range from
$1300 to $1800.
Councilman Heckscher inquired if there were some means by which
the property owners requesting such medians would be responsible
for the initial costs and for continuing maintenance. The City
Attorney advised that assessment districts could be formed.
It was moved by Mayor Nash and seconded by Councilman Friess
that the proposal for a planted median within the cul-de-sac of
Pasco de Elena be denied. The motion carried by the following vote:
AYES: Councilman Sweeney, McDowell, Friess and
Mayor Nash
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275
NOES: Councilman Heckscher
ABSENT: None
2. REQUEST FOR STOP SIGN ON CALLE ASPERO AT CALLE RICARDO
(82) Council received copies of a report dated August 18, 1976, from
George Alvarez, Secretary of the Commission, forwarding the
Commission's recommendation regarding traffic conditions at the
intersection of Calle Aspero and Calle Ricardo.
It was moved by Councilman Heckscher and seconded by Councilman
Friess to approve the installation of a stop sign on the south-
westerly side of Calle Aspero and Calle Ricardo; to require
the resident on the southwest corner of Calle Aspero and Calle
Ricardo to trim shrubs as necessary to improve sight distances;
and, to direct that a staff report be furnished to the Commis-
sion regarding traffic conditions at the intersection within
90 days following completion of the Calle Aspero street improve-
ments. The street is to be striped to delineate traffic and the
stop relocated farther into the intersection. The motion carried
by the following vote:
AYES: Councilman McDowell, Friess, Heckscher, and
Mayor Nash
NOES: None
ABSTAIN: Councilman Sweeney, as a property owner in the area
ABSENT: None
Council also requested that a report be furnished regarding
sight problems at busy intersections in order to improve traffic
safety.
VIA DE AGUA TRAFFIC STUDY COMMITTEE
1. REPORT OF MEETING OF AUGUST 17, 1976
(87) Council received copies of a report dated August 18, 1976, from
the Via de Agua Special Traffic Study Committee, The report sets
forth a traffic plan to designate Route "D11 (to connect Camino
Las Ramblas and Avenida Calita) and Route "Ell (to connect Camiro
Las Ramblas and Calle Miramar) as commuters on the General Plan,
the Route "Ell designation further requiring a General Plan
amendment designating the removal of approximately 9001 of
ridgeline preservation area. Mitigation measures on Via de Agua
in the interim period are listed as (1) Installation of stop
signs at Calle de Bonanza; (2) Restricted parking for sight visi-
bility on 2 curves; and (3) installation of additional 25 mph
speed limit signs.
The Director of Public Works advised that the Commission will
study the report at their meeting of August 19.
Councilman Sweeney suggested that the School District be requested
to move the stop sign up into the development from its current
location at the intersection of Las Ramblas and Via de Agua in
order to alleviate problems when the school year re -opens.
Councilman Friess advised that the property owners in the Alto
Capistrano area should be made aware that construction of the
routes may take 5 or 6 years. Mr. Friess further advised that
residents be made aware that the routes are planned to be funded
by additional development in adjacent areas and the City's proposE
Growth Management Program may curtail such development.
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(24- 7 6 it�wfts moved by Councilman Sweeney, seconded by Mayor Nash and
10
unanimously carried to refer the proposed traffic plan to the
Traffic and Transportation Commission and to the Planning Com-
mission for review and recommendation.
LOS RIOS STEERING COMMITTEE
REPORT ON COMPLETION OF PHASE I OF LOS RIOS PRECISE PLAN
(23) Council received copies of a report dated August 18, 1976, from
the Director of Planning forwarding copies of a report from
Forrest'Dunivin, Chairman of the Los Rios Steering Committee,
and copies of the Los Rios Precise Plan, Phase One Report, as
submitted by the consultant, The Arroyo Group.
Mr. Dunivin addressed the Council in favor of Council acceptance
of the Phase One Report.
Councilman Sweeney noted that residents of the area had expressed
concern that an historic preservation emphasis on the area may
encourage intrusion into their life style. Mr. Dunivin advised
that these concerns will be addressed in Phase Two of the Report.
It was moved by Councilman Sweeney, seconded by Councilman Friess
and unanimously carried that the Phase One Report be accepted as
submitted. Payment in the amount of $5,595 will be made to
The Arroyo Group within 30 days.
ORANGE COUNTY HEALTH PLANNING COUNCIL
1. RECONFIRMATION OF CITY REPRESENTATIVE TO A�SFMBLY OF DELEGATES
(59) Council received copies of a report dated August 18, 1976, from
the City Clerk advising that the Orange County Health Planning
Council has requested reconfirmation of all appointments to the
Assembly of Delegates, pursuant to the Planning Council's
ByLaws. It is also requested that an Alternate Delegate be
appointed.
It was moved by Councilman Heckscher, seconded by Councilman
McDowell and unanimously carried to reconfirm the appointment of
John C. Gibson as the City's representative to the Orange County
Health Planning Council Assembly of Delegates.
Council discussed appointment of an Alternate Delegate. Mayor
Nash requested that persons interested in serving in this
capacity contact the. City offices.
COUNCIL REMARKS
1. AGRICULTURAL PRESERVATION
(68) Councilman Sweeney requested that the City make an official
inquiry regarding the status of the agricultural preservation
report undertaken by the County Board of Supervisors Task Force.
2. CAPISTRANO AIRPORT
(48) Councilman Sweeney requested that consideration of the relocation
of the Capistrano Airport facility be placed on a future City
Council Agenda.
Councilman McDowell su.-gested that a letter be included with the
tax refund mailing to residents of the Mission Bell Tract setting
forth procedures to follow when filing complaints about the air-
port operation. It was the consensus of the Council that a letter
from Mayor Nash will be mailed.
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Councilman Heckscher suggested that if complaints continue to be
madep that the provision for landing fees set forth in Ordinance
No. 304 be implemented.
3. PROPOSED SISTER CITY
(34) Councilman Sweeney suggested that either Petra or Palma de
Mallorca be considered as possible Sister Cities. Mr. Sweeney
noted an article advising that the Friends of Junipero Serra
will be arriving in the City in October and that a welcoming
celebration would be appropriate.
4. OPEN SPACE LEGISLATION
(68) Councilman Sweeney suggested that Government Code Section 65564
be investigated. The Section requires that open space plans shall
contain an action program consisting of specific programs which
the legislative body intends to pursue to implement the open
space plan.
5. FERTILIZER PLANT OPERATION
(39) Councilman McDowell inquired into the status of the fertilizer
plant operation along San Juan Creek Road. The Director of
Planning advised that the operation has ceased pending the out-
come of a hearing for issuance of a Conditional Use Permit
scheduled for August 24.
6. EARTH STORAGE IN ALTO CAPISTRANO AREA
(-4) Councilman Heckscher inquired into the status of the view analysis
required in conjunction with the earth stockpile in the Alto
Capistrano area. The Director of Planning advised that the report
would be presented to the Council at the meeting of September 9.
1976.
7. MAYOR'S MONTHLY MEETING
(32) Mayor Nash advised that the first monthly meeting of the Mayor,
Commission Chairmen, and Department Heads had been held on
August 9 in the City offices.
EXECUTIVE SESSION
Council. recessed to Executive Session at ICAO P.M. for the purpose .
of discussing legal and personnel matters and reconvened at 11:45 P.M.
ADJOURNMENT
There being no iurther business before the Council, the meeting was
adjourned at 11:48 P.M. to the next regular meeting date of Wednesday,
September 1, 1976, at 7:00 P.M. in the City Council Chamber.
Respectfully submittedt
APPROVED:
W�A --&-
EXCON
MARY 11�7/r OVER, CITY CLERK
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