76-1020_CC_Minutes_Regular Meeting337
OCTOBER 20, 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
7:06 P.M. in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Father Paul
Martin, Old Mission San Juan Capistrano.
I.3LL 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,
Director 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.
RESOLUTIONS
1. OLD MISSION SAN JUAN CAPISTRANO -
COMMEMORATING THE 200TH ANNIVERSARY
(61),Council reenivqd copies of a Resolution commemorating Old
Mission San Juan Capistrano on the 200th anniversary of its
founding by Father Junipero Serra on November 1, 1776, and
proclaiming November 1, 1976, as a day of civic celebration.
Mayor Nash read the Resolution in full.
It was moved by Councilman Sweeney and seconded by Council-
man McDowell that the following Resolution, being:
RESOLUTION NO, 76-10-20-1. ANNIVERSARY OF OLD
MISSION - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
COMMEMORATING OLD MISSION SAN JUAN CAPISTRANO
ON THE 200TH ANNIVERSARY OF ITS FOUNDING
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
Mayor Nash presented Father Martin with a copy of the Reso-
lution, and Father Martin expressed his thanks to the City
Council, on behalf of the first Bishop of Orange, for the
honor bestowed on the Mission.
AITNTITES
Adjourned Reaular Meotin- of Septe-mber 29, IL976:
_�o_unc n
It was moved by _,ilman Sweeney, seconded by Councilman
McDowell and unanimously carried that tho Minutes of the Adjourned
Re.gular Alootin.- of September 29, 1976, be approved as submitted.
Leg 1976:
gular Lic oti ng - 6,
I.of Oc tobei
It was moved by Co Ftnc_fhiriai�_ ire ell, seconded by Councilman
Sweeney and unanimously carried that the Miuutes of the Regular
-1- 10/9-0/76
meeting of October 6, 1976, be approved with the following
3 3 8 correction: Page 8, third paragraph, second sentence is to
read: "Mr. Maurer stated that lie has made a commitment to
vest development rights with the City and to work with
the City Attorney towards a Williamson Act agreement."
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.
BIDS, CONTRACTS, AGREEMENTS
1. SERRA AGREEMENT FOR IXASE OF TREATMENT PLANT CAPACITY
(SANT! WAIER DISTRICT)
(79) Council received copies of a report dated October 20, 1976,
from the Director of Public Works forwarding a proposed
agreement providing for the lease of .8 MGD of the City's
-waste water treatment capacity for a period of 4 years to
the Santa Margarita Water District. Conditions include
orderly phasing of capacity and procedures whereby the
.City will reclaim its full capacity right. A Summary of
Quarterly Rates of Return for Waste Water Treatment Capac-
ity was also provided; Council will determine the payments
to be made by Santa Margarita by subsequent action.
Councilman Heckscher noted that if the SMWD is not willing
to return the capacity to the City at such time as it is
needed, there could be a breach of contract with the City
being in a difficult position in establishing damages, and
there may be exposure to litigation.
Councilman Sweeney suggested it may be inappropriate to
discuss leasing treatment plant capacity when the City is
in the midst of establishing growth management provisions.
The City Manager advised that the District would be required
to certify its capacity with the County of Orange and that
the City's rights are safeguarded,
Councilman Friess noted that there would be an approximate
payment to the City of $250,000.00 over a 3 -year period of
time and suggested that the payments be set aside for agri-
cultural preservation. Mayor Nash concurred. Councilman
Sweeney suggested that any funds received be placed in a
fund to be designated by Council and noted that denial of
the request would encourage development of an improved
process for inland reclamation.
Bill Knitz, General Manager, Santa Margarita Water District,
addressed the Council and set forth the status of the per-
mit procedure and the proposed uses for the capacity which
would be utilized in the Mission Viejo area for density;
reclaimed water would be used on greenbelt areas.
Council. discussed operation and maintenance cost factors,
depreciation, a possible liquidated damage clause for the
agreement, disposition of funds, percentage payments vs.
dollar amounts.
With the consensus Of the Council, Mayor Nash directed that
the Agreement be returned to staff for further refinement
of the cost basis, rationale for the rate to be charged,
refinement of operation and maintenance, costs. Tho matter
is to be reconsidered at the Council illeeting of November 3,
1976.
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I
2. TRAFFIC SIGNAL AT DEL OBISPO STREET AND BLUE FIN DRIVE -339
WP—PROVAL OF PLANS AND SPECIFICATIOWS—Aff-D —CALL FOR 131])S
(82) Council received copies of a report dated October 20, 19761
from the Director of Public Works regarding the proposed
County -City installation of a traffic signal at the inter-
section of Del Obispo Street and Blue Fin Drive. An appli-
cation for an encroachment permit has been forwarded to
the County; it is estimated that the project will be com-
pleted by February of 1977. The project cost of $35,000
will be shared by the City and County; City funds are
included in the 1976-77 Capital Projects budget, Gas Tax
Fund 2106.
Councilman Heckscher questioned -whether funding the traffic
signal should take precedence over use of gas tax funds on
Ortega Highway improvemonts.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve the plans and
specifications for the installation of a traffic signal at
the intersection of Del Obispo Street and Blue Fin Drive
and to authorize a call for bids. The bid date is to be
established when County requirements are met.
PUBLIC HEARINGS
1. REQUEST FOR WAIVER OF ORDINANCE 308 RE DEVELOPMENT PHASING,
(85) Council received copies of a report dated October 20, 1976,
from the Director of Planning regardin6 the requests
received for waiver of provisions of Ordinance No. 308,
development phasing for approved subdivisions.
Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the request dated
September 23, 1976, from Eddy Meredith, President, Craig
Development Corp., for a waiver of Ordinance No. 308 for
Tentative Tract 8087 so that the remaining 65 building
permits may be obtained prior to January 1, 1978, Mayor
Nash inquired if anyone in the audience wished to address
the Council. The following persons responded in favor of
the waiver being granted:
1. Richard E. Meredith, 305 E. Main Street, Tustin;
2. John Megory, 33511 Avenida Calita;
3. Lois Patty, 33711 Calle Miramar;
4. Phyllis Reimer, 26901 Calle Esperanza;
5. Ed Reynolds, Lot 40, Via de Agua.
No one else wishing to address the Council, Mayor Nash
declared the Public Hearing closed.
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried to approve the request for
modification of the provisions of Ordinance No. 308 to
allow the issuance of building permits for 65 units in
Tentative Tract 8087 during 1977 due to existing problems
on Via do Agua.
2. REQUEST FOR WAIVER OF ORDINANCE 308 RE DEVELOPMENT PHASING,
TENTATIVE TRACT 7616 (WESTPORT HOMF —BUILDER'S)
(85) Notice having been given as required by law, Mayor Nash
declared the Public Hearing open on the request dated
September 24, 1976, from holzwarth & Unsworth Oil behalf of
Westport Home Builders, Inc., for a waiver of Ordinance No.
-3- 10/20/76
e3 A 0 308 for Tentative Tract 7616 so that all 132 remaining
building permits are issuable prior to January 1, 1978.
Mayor Nash inquired if anyone in the audience wished to
address the Council. The following persons responded in
favor of the waiver being granted:
____1.____William_Holzwarth, 888 North Main Street, Santa Ana,
representing Westport Home Builders;
2. Joe St. Jean, Via Mayor.
No one else wishing to address the Council, Mayor Nash
declared the Public Hearing closed.
It was moved by Councilman Friess, seconded by Council-
man Heckscher and unanimously carried to deny the request
for modification of the phasing schedule for Tentative
Tract -7616.
3. REZONE 76-12, TENTATIVE TRACT
K DEVE
(85) Council received copies of a report dated October 20, 1976,
from the Director of Planning regarding Rezone 76-12 which
will adjust the district boundaries from RS (Single Family)
to ES (Small Estate) for lots 12 through 22, inclusive, of
Tentative Tract 9373 to permit equestrian uses.
Notice -having been given as required by law, Mayor Nash
declared the Public Hearing open and inquired if anyone in
the Audience wished to address the Council. There being no
response, Mayor Nash declared the Publi,� Hearing closed.
Councilman Sweeney 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 Sweeney
and seconded by Councilman McDowell that the following
Ordinance, being:
--ORDINANCE NO. 313, REZONE 76-12 (TRACT 9373) - AN
VK0J.1NAAL;h U11 Lhh Uily. U.V 01UN duall
CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293, AS AMENDED BY ORDINANCE NO.
312, BY CHANGING THE ZONING OF LOTS 17 THROUGH 22
OF TRACT 9373 FROM RS (SINGLE FAMILY) TO ES (SMALL
ESTATE)
be introduced. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher
and Mayor Nash
NOES: None
I ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:00 P.M. and reconvened at 9:15 P.M.
ORAL COMMUNICATIONS
1. PROCLAMATION - UNITED NATIONS DAY, OCTOBER 23, 1976
(71) Doris Drummond, 26202 Via Serra, Capistrano Beach, addressed
the Council and advised that a dinner is scheduled on
Saturday, October 23, 1976, at the San Clemente Clubhouse
in observance of United Nations Day. The event is sponsored
by local service organizations.
-4- 10/20/76
341
Mayor Nash read the Proclamation issued by President Ford
lirging the recognition of United Nations Day and thanked
Mrs. Driumilond for her efforts on behalf of the observance.
2. AGRICULTURAL PRESERVATION
(68) Al Arps, 32802 Valle Road, addressed the Council to inquire
if the agricultural preservation issue would be listed on a
future Council agenda for public input. Mayor Nash advised
that the matter would be placed on a future agenda immedi-
ately following the Oral Communications portion so that
the public may respond.
3. DETACHMENT OF STREET LIGHTING MAINTENANCE DISTRICT #1
(21) Joe St. Jean, Via Mayor, Mission Bell Ranch, addressed the
Council to inquire if a refund would be forthcoming to
residents in conjunction with the detachment of the Street
Lighting Maintenance District in the Mission Bell Ranch
area. Mr. St. Jean also suggested that the City books
should be audited and that residents should receive item-
ized City tax bills.
4. SAN JUAN BEAUTIFUL, INC. -
RECEIPT OF 1976 BEAUTIFUL AWARD FOR ORANGE COUNTY
(61) Mayor Nash announced that because of its 200 Tree Planting
Program, San Juan Beautiful, Inc., has been chosen by the
County Board of Supervisors as the recipient of the 1976
Beautiful Award for the County of Orange. The award is to
be presented on October 26, 1976, and is an important con-
tribution to the community.
ORDINANCES
1. TENTATIVE TRACT 8485 REZONE 76-9 (MAURER-CAIVARD)
ADOPTION OF ORDINANCE NO. 310
(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 McDowell
and seconded by Councilman Heckscher that the following
Ordinance, being:
ORDILANCE NO. 310, REZONE 76-9
CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF
38+ ACRES FROM "GM" (GROWTH MANAGEMENT) AND "OR"
(OPEN SPACE RECREATION) TO "RS" (SINGLE FAMILY)
be adopted: The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Heckscher, and
Mayor Nash
NOES- Councilman Sweeney, since the Ortega Highway
is the responsibility of the State
ABSENT: None
2. TENTATIVE TRACT 9382 REZONE 76-10 (MAURER-JORDAN)
ADOPTION OF ORDINAI�CE NO. 311
(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 McDowell
and seconded by Councilman Heckscher that the following
Ordinance, being:
ORDINANCE NO. 311 REZONE 76-10 (MAURER-JORDAN)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
-5- 10/20/76
CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED
342 BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF
68, 5+ ACRES FROM "GM" (GROWTH MANAGEMENT) TO "RS"
(SINGLE FAMILY) AND "GM(35)'T (GROWTH MANAGEMENT,
ONE UNIT/35 ACRES)
be adopted. The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Heckscher, and
Mayor Nash
NOES: Councilman Sweeney, since the Ortega Highway
is the responsibility of the State.
ABSENT: None
3. REZONE 76-8 AND ENVIRONMENTAL IMPACT REPORT, TENTATIVE
(85) Council received copies of a report dated October 20, 1976,
from the Director of Planning forwarding the recommendations
of the Planning Commission from their meeting of September
28, 1976, regarding concerns expressed in the letter dated
August 17, 1976, from San Diego Gas & Electric Company
about proposed encroachments into their major transmission
line right-of-way within the subject tract. The commission
has added an additional nine conditions of approval to the
tract in order to mitigate those concerns.
Councilman Friess set forth possible problems with an eques-
trian easement, i.e., maintenance and �andscaping would be
piecemeal and damage to landscaping by horses would be exper-
ienced. Mr. Friess suggested that a fenced equestrian trail
be established within the 100 foot wide easement.
Mr. Robert Baumgarten, representing SDG&E, addressed the
Council and advised that the Company has developed a policy
of permitting encroachments on their property to allow
beautification and landscaped areas; an equestrian trail
through their corridor would be acceptable on a license
agreement basis. Council discussed transfer of easement
rights and ownership with Mr. Baumgarten.
Mr. Robert Maurer, applicant, addressed the Council and
advised he would cooperate in indicating the ownership in
fee to the City with a license agreement with the Gas Com-
pany; lot lines would end at the easement, Mr. Maurer
offered to provide an approved master landscape plan which
would be in conformance with SDG&E requirements; the land-
scaping would be installed at the completion of the tract
with approved trees, grass, and irrigation system.
Cumulative Environmental Imnact Renort. Tentative Tracts
7676, 8485, and 9382 (Maurer):
It was moved by Councilman Friess, seconded by Councilman
lleckscher, and unanimously carried to find that the cumula-
tive Environmental Impact Report prepared for Tentative
Tracts 7676, 8485 and 9382 is adequate and note that the
Report has been submitted for information only and that its
acceptance is not to be construed as concurrence with all
data provided within it or as being favorable or unfavor-
able to the projects.
Continuance of consideration of Rezone 76-8 and
Tentative Tract. Map 7673:
Mayor Nash advised thaf-it will be necessary for the Plan-
ning Coimaission to consider variances to lot lines within
the tract prior to Council action; Mr. Maurer stated lie
would agree to a continuance of the matter.
-6- 10/20/76
Councilman McDowell questioned the acceptance of addi-343
tional burdens of cost and maintenance for landscaping
easements.
It was moved by Councilman Friess and seconded by Council-
man heckscher to continue the matter until it can be heard
by the Planning Commission for dedication as a greenbelt
with equestrian trail, including the necessary casements.
The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Heckscher,
and Mayor Nash
NOES*. Councilman McDowell
ABSENT: None
The Director of Planning estimates that the item will be
returned for Council consideration at the first regular
meeting in December,
4. PROPOSED ORDINANCE ESTABLISHING AGRI
(68) With the concurrence of the Council, Mayor Nash directed
that the above -entitled matter be placed on the City
Council Agenda of November 3, 1976.
RESOLUTIONS
1. GENERAL PLAN PMENDMENT 76-2
(46)_ Council received copies of a report dated October 20, 1976,
forwarding a proposed resolution incorporating previous
Council actions on General Plan Amendment 76-2.
It was moved by Councilman Heckscher and seconded by Council-
man Friess that the following Resolution, being:
RESOLUTION NO. 76-10-20-2, GENERAL PLAN AMEND-
MENT 76-2 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
TAKING ACTION ON GENERAL PLAN AMENDMENT 76-2
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher and Mayor Nash
NOES: None
ABSENT: None
2. TENTATIVE PARCEL MAP FOR DIVISION OF LAND 76-8 (V
(85) It was moved by Councilman McDowell and seconded by Mayor
Nash that the following Resolution, being:
76-10-20-3. DI
LAND 76-8
k VAIAL ) - A IthbU1,U I I VA UP I r1r, Ul I I UL) W4 k, 11, UP I 11b
CITY 01' SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP DL 76-8 (VALLE) FOR THE
DIVISION OF APPROXIIIIATELY 9.77+ ACRES INTO FOUR
PARCELS
be approved. The. motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
and ALayor Nash
NOES- None
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344
ABSTAIN:
Councilman Heckscher
ABSENT: None
WRITTEN COMMUNICATIONS
1. REQUEST FOR SUPPORT OF PROPOSITION I
NG F
(56) With the concurrence of the Council, Mayor Nash directed
that the letter dated September 30, 1976, front Roy
Shimizu, Executive Director, Orange County Housing Author-
ity, requesting support of Preposition I on the Novembei',
1976, ballot be recei.,,ed and filed.
2-. REQUEST FOR DE -ANNEXATION, TENTATIVE TRACT 8495 (THAIS)
(21) With the -concurrence of -the Council, Mayor Nash directed
that the letter dated September 28, 1976, from Dan Partin
on behalf -of the property owner, Jack Thais, be referred
to staff for report to Council at a later date. The letter
is a -formal request for de -annexation of the property
formerly known as the Via Manzana School site located
adjacent to the San Clemente city limits.
CONSENT CALENDAR
It was -moved by Councilman Heckscher and seconded by Councilman
McDowell that the staff recommendations be accepted with regard
to all items listed on the Consent Calendar. The motion carried
by the following vote:
AYES: 'Councilmen Sweeney, Mr�Dowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated October 20, 1976, Warrants Nos.
8270 through 8392, inclusive, and 1911 Act Warrant No. 0186,
in the total amount of $282,390.11 is approved as submitted.
2. REPORT OF PLANNING CO�BIISSION ACTIONS OF OCTOBER 12, 1976
(67) The report of actions taken by the Planning Commission at
its regular meeting of October 12, 1976, is ordered
received and filed.
3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
(23) The Report of actions taken by the Cultural heritage Commis-
sion at its regular meeting of October 12, 1976, is ordered
received and filed.
4. CITY TREASURER'S
)F INVESTMENTS AS (
(41) The City Treasurer's Report of investments for the period
ending September '00, 1976, is approved as submitted.
5. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(41) The City Treasurer's Report of 1911. Act deliuquent bonds
as of September 30, 197G, is approved as subinitted.
101/20/176
I
6. TRACTS 7972 AND 8325, LEADERSHIP HOU
(85) The monumentation for Tract 8325 is accepted and authoriza-
tion granted to exonerate Monumentation Bond No. 090953;
and, authorization is granted to release Right -of -Way Acqui-
sition Bond No. 915150 for Tract No. 7972.
ADMINISTRATIVE ITEMS:
CITY CLERK
CLAIM AGAINST THE CITY - MISSION HILLS RANCH, INC.
(35) Council received copies of a report dated October 20, 1976,
from the City Clerk forwarding copies of a Claim for Taking
of Property Without Payment of Just Compensation filed with
the City by Mission Hills Ranch, Inc., on October 8, 1976.
The Claim is in the total amount of $4,000,000.00.
1
It was moved by Councilman Heckscher, seconded by Councilman
Friess and unanimously carried to deny the Claim of Mission
Hills Ranch, Inc., and refer same to the City's insurance
carrier.
DIRECTOR OF PLANNING
1. CRITERIA FOR LANDMARK TREES
(74) Council received copies of a report dated October 20, 1976,
from the Director of Planning forwarding a proposed criteria
for the Designation of Landmark Trees, as approved by the
Planning Commission.
It was movel by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the report be referred
to staff so that input may be received from San Juan Beauti-
ful, Inc.
2. BIRD SANCTUARY STRUCTURE
(57) Council received copies of a report dated October 20, 1976,
from the Director of Planning advising of recommendations
made by an ornithologist to be incorporated in a proposed
structure which would serve as a nesting place for swallows,
as directed by Council on June 21, 1976.
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried to authorize the expenditure
of $75.00 for building materials and to direct staff to con-
struct and install a prototype structure at Confluence Park
(San Juan Creek Rest Stop).
3. ARCHITECTURAL CONTROL 76-9, REQUEST FOR
ET
(23) Council received copies of a report dated October 20, 1976,
fron, the Director of Planning forwarding copies of a letter
dated October 7, 1976, from Claudia Hirsch, requesting
modifications to conditions of approval established by
Council on September 10, 1975, in conjunction with the resi-
dence at 31661 Los Rios Street.
It was moved by Mayor Nash, seconded by Cou-neilman Sweeney
and unanimously car.ried to concur with the applicalit's
request to modify the conditions, as follows:
Condition A - The applicant shall offer to dedicate 9 feet
of right-of-way along Los Rios Street:
The applicant shall offer to 5 feet
of right-of-way along Ramos ut.
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45
'AM
Condition C - Vehicular access shall be obtained from
Ramos Street,
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
-"I.- REPORT . ON EARTH STORAGE AT CAMINO LAS RAMBLAS (MISBIN
-(74) Council received copies of a report dated October 20, 1976,
-from the Director of Public Works forwarding a proposed
Review Process for Earth Storage at Camino Las Ramblas
and a Chronology of Removal of Earth Stockpile at the same
location. Mr. Murphy advised that the report indicates that
-the requested view analysis shall be submitted by the
I -developer for staff review by November 1, 1976, rather
I than September 1.
-Mr.-Morris Misbin ' the developer, 34000 Via de Agua,
addressed the Council and referred to his letter dated
-October 18, 1976, regarding the grading plan submitted for
-the site and requesting guidance for the use of the land.
-it-was moved by Councilman McDowell and seconded by Council -
.man Sweeney that the stored dirt be allowed to remain for
future disposition. In response to an inquiry from Council-
man Heckscher, the City Manager advised that the view
analysis was to indicate the appearance of the site if the
were removed. With the concurrence of the second,
Councilman McDowell then withdrew the motion.
it was moved by Councilman McDowell and seconded by Council-
man Sweeney that the matter be tabled, 'he motion carried
by the following vote:
-AYES: Councilmen'Sweeney, McDowell, and Friess
NOES: Councilman Heckscher and Mayor Nash
ABSENT: None
-2. ARTERIAL HIGHWAY FINANCING PLAN, FISCAL YEAR 1977
;(44) Council received copies of a report dated October 20, 1976,
from the Director of Public Works requesting project approval
of the Del Obispo Street/A,-Uacate Road intersection for
submittal to the County for A11FP funds. New procedures
-require that all California Environmental Quality Act mea-
-sures be completed prior to the submittal.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried that staff be directed to
commence the envirorutiental review of the Del Obispo Street/
Aguacate Road project, and, upon completion, present the
City Council with tile preliminary plan, cost estimate, and
proposed resolution for funding under the County of Orange
Arterial Hi.-hway Financing Plan.
CULTURAL HERITAGE COMMISSION
1. CONSULTANT'S REPORT ON PRESERVATION OF
MONTANEZ-ADOBE
(23) Council received copies of a report dated October 20, 1976,
from tile Director of Acb�iinistralive Services forwarding the
reco.,inuenda Lions of tile Clil Commission regard-
tu,',al florita-e
iiig the fraine additions to the adobe which were added in
19,19 by Jerry Palmer and pyoposed stabilization measures to
prevent further detorioratiou of the structure.
It was moved by Councilman McDowell that the frame additions
be retained if ecouomically feasi0lo, but al'ow their re'lloval
if tile project 1)ecol1les too C,)stly. Tile motion died for lack
of a second.
-10- lo/20�/76
It was moved by Councilman Friess and seconded by Mayor
Nash that the Council finds that the frame additions 3 4 7
appear to have historical significance and should be
preserved if at all possible. With the concurrence of
the second, Councilman Friess withdrew the motion; and,
the Mayor then directed that the matter be referred to
staff,
It was moved by Councilman Heckscher, seconded by Council-
man Sweeney and unanimously carried that, with regard to
the initiation of stabilization measures to prevent fur-
ther deterioration of the structure, the San Juan Capis-
trano Historical Socie"y be authorized to begin carrying
out the recommendations made by John Volz of the National
Trust for Historic Preservation.
2. CAPISTRANO HIGH SCHOOL SITE
RETENTION ON HISTORICAL INVENTORY
(23) Council received copies of a report dated October 10, 1976,
from the Director of Administrative Services forwarding
the recommendation of the Cultural Heritage Commission
that the Capistrano High School site be retained on the
Historical Inventory, the intent being only the removal
of the Williams Gymnasium from the Inventory,
It was moved by Councilman Sweeney and seconded by Council-
man Heekscher that the following Resolution, being:
RESOLUTION NO. 76-10-20-4, INVENTORY OF HISTORICAL
AND CULTURAL LANDMARKS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CA--'ISTRANO,
CALIFORNIA, AMENDING THE INVENTORY OF HISTORICAL
AND CULTURAL LANDMARKS APPROVED AS RESOLUTION NO.
76-9-16-4
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES- None
ABSENT: None
PLANNING COAlMISSION
1. HIDDEN VALLEY ACCESS
(83) Council received copies of a report dated October 20, 1976,
from, the Director of Planning forwarding the recommendation
of the Planning Commission that a policy be adopted for
implementation of improvements to San Juan Creek Road in the
area known as Hidden Valley, northeasterly of Tract 5733,
as -set forth in Planning Commission Resolution No. PC
76-9-28-2.
The resolution provides that all existing legal building
lots as of Sep�.ember 28, 1976, served by the subject portion
of San Juan Creek Road may be granted building permits with-
out a requirement for improving access upon the condition
that an ao"reement is entered into to participate in an
assessment district to construct future improvements to Sail
Juan Creek Road, that all street name signs shall be approved
by the City Engineer and Director of Planning, and street
addresses shall be in a visible location and approved by
the Director of Planning.
it was moved by Councilman Heckscher and seconded by Council-
man McDowell to adopt the recommendations of the Plauning,
Coi,�iiission as -;(-,t forth in Resolution No. PC �6-9-28-2 as
City policy. The motion carried by the following vote:
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4 8 AYES: Councilmen Sweeney, McDowell, Heckscher,
and Mayor Nash
NOES- -None
ABSTAIN: - Councilman -rriess
ABSENT: None
TRAFFIC AND TRANSPORTATION COMMISSION
1.
CLOSURE
ION ANNIVERSARY)
(87) Council received copies of a report dated October 20, 1976,
from George Alvarez, Secretary of the Commission, forward-
ing the Commission recommendation regarding activities in
conjunction with the celebration of the 200th anniversary
of the founding of Old Mission San Juan Capistrano.
It was moved by Councilman McDowell, seconded by Council-
man Sweeney and unanimously carried to approve the street
closure for Ortega Highway between El Camino Real and Camino
Capistrano on October -31 and November 1, 1976, from 12:00
noon to 4:00 P.M.; and, to direct the Public Works Depart-
inent to furnish the necessary traffic control devices and
to work in conjunction with the Sheriff's Department to
control parking.
2. REQUEST FOR PLANTED MEDIAN,
VIA LOS PAJAROS (CASAS CAPISTRANO ASSOCIATION, INC.)
(83) -Council -received copies of a report dated October 20, 1976,
from George Alvarez, Secretary of the Commission, regarding
the proposal of the Casas Capistrano Association that a
planted median be installed on Via Los Pajaros for aesthetic
purposes.
It was moved by Mayor Nash and secon ded by Councilman
McDowell that the request -be denied.- The motion carried by
the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, and
Mayor Nash
NOES: None
�ABSTAIN: Councilman Heckscher
ABSENT: None
3. REQUEST FOR STOP SIGN AT AVE. PEDREGAL/AVE. DEL ROSAL
(82) Council received copies of a report dated October 20, 1976,
from George Alvarez, Secretary of the Commission, regard-
ing the request of the Harbor Lane Homeowners Association
that stop signs be installed at the intersection of Avenida
Pedregal and Avenida del Rosal.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to coi)cur with the recommen-
dation of the Traffic and Transporta tion Commission, as
follows- (1) Approve the installation of stop signs at
Avenida Pedrel-al and Avenida del Rosal with appropriate red
curb marking -s; (2) Direct staff to monitor the intersection
with a report back to the Commission within 90 days after
the installation; and, (3) Reql-test that the Sheriff's Depart-
ment use selective t-raffic enforcement at the inters(,ction.
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34-9
COUNCIL REMARKS
1. ATRPORT REGULMONS
(88) Mayor Nash requested that tile City Manager investigate the
recent occurrence of nighttime fli.-hts out of Oie airport.
RECESS AND RECONVENE
Council recessed to executive session at 11:28 P.M., the City
Clerk being excused therefrom, and reconvened at 11-48 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:50 P.M. to the next regular meeting date of
Wednesday, November 3, 1976, at 7:00 P.M. in the City Council
Chamber.
Respectfully submitted,
MARY ANN
,eANOVER, CITY CLERK
APPROVED:
DOUGLA&'-ff. NASH, MAYOR
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