Loading...
75-0917_CC_Minutes_Regular MeetingSEPTEMBER 17, 1975 479 REGULAR MEETING OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council was called to order by Mayor Weathers at 7:02 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 Church. ROLL CALL: COUNCILMEN PRESENT COUNCILMEN ABSENT James K. Weathers, Mayor John B. Sweeney, Mayor pro tem Councilman Roy L. Byrnes Councilman Yvon O. Heckscher Councilman Douglas B. Nash STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy, Director of Public Works/City Engineer; George Lohnes, Associate Civil Engineer; John O'Sullivan, Director of Administrative Services; David J. Smith, Director of Planning; James S. Okazaki, City Attorney; George Alvarez, Traffic Engineer; Mary Ann Hanover, City Clerk MINUTES It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that the Minutes of the Adjourned Regular Meeting of August 27, 1975, be approved with the addition of the following language at the end of the first paragraph, Page 4, entitled, Traffic Congestion - Proposed Pedestrian Mall: "Mayor Weathers advised that this subject would be coordinated with the proposed Planning Department study of the entire downtown area; he requested that the Director of Public Works provide an updated report on an earlier study made of the possibility of establishing a mall area in the downtown business district." It was moved by Councilman Heckscher, and seconded by Councilman Sweeney that the Minutes of the Regular Meeting of September 3, 1975, be approved as submitted. The motion carried by the follow- ing vote: AYES: Councilmen Sweeney, Heckscher and Mayor Weathers NOES: None ABSTAIN: Councilman Byrnes ABSENT: Councilman Nash MOTION TO READ BY TITLE ONLY It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that all resolutions and ordinances be read by title only. AGRICULTURAL PRESERVATION PROGRAM - SPECIAL REPORT Council received copies of a report dated September 17, 1975, from the Director of Planning forwarding the recommendations from the Planning Commission that the Agricultural Study to determine the feasibility of farming in the City continue. Phase III of the Study would provide a detailed program for the acquisition of land by the City for lease back to the farmers and the creation of ari agricultural fund. Proposed funding sources are general obliga- tion bonds and development fees. -1- 9/17/75 Although not comment from addressed the of farmland: 1. 2. 3. 4. a formal public hearing, Mayor Weathers invited members of the audience, and the following landowners Council in opposition to the proposed City purchase William R. "Randy" Williams; 29931 Camino Capistrano; San Juan Capistrano Shigeru Kinoshita; 27015 Calle Real; Capistrano Beach Mary Jane Forster; 31312 Guadalupe; San Juan Capistrano Charles Vermeulen; 11591 Cielo P1.; Santa Ana Written communications in opposition to the proposed agricultural program were received from Donna R. Walker, Shigeru Kinoshita, William R. Williams, Victor Makita, and E. B. Akins of the Building Industry Association. The Director of Planning summarized his report and the Planning Commission recommendations, and Council members discussed the matter. Councilman Heckscher expressed concerns regarding various elements of the recommended program, including: ownership of fee interest with lease to farm operators as the basic approach; the sale of development rights; the use of general obligation bonds for developing an agricultural fund; timing of implementa- tion; and the impact on the City's conding capacity. He also commented that consideration should be given to "right of first refusal" whereby the City would be granted a right by the individual property owner to purchase the land but the actual purchase would be at such time as the landowner desires to sell; and that more information is required before a bond issue could be placed on the ballot. Councilman Sweeney stated that the matter should eventually go before the voters and suggested the following subparagraph be included with items to be considered: "A determination of the viability of development rights purchased over the fee title ._ purchase procedure." Also, an analysis should be undertaken of the applicability of the "right of first refusal." Councilman Byrnes questioned the proposed initiation of a General Plan Amendment for agricultural preservation during 1975 and stated that in his opinion the residents wish to preserve a rural atmosphere with open space and cultural benefits in a balanced community rather than agriculture, if the cost of agricultural preservation would preclude funding for parks, a civic center and social services. He would wish to know the public attitude towards a long range agricultural program before proceeding and stated he would not favor the initiation of a General Plan Amendment. Mayor Weathers stated his concerns regarding the proposed sale of development rights and shifting densities from one area to another within the City and obligating the City's bonding capacity; he does not support a continuation of the Study, nor an initiation of a General Plan Amendment. -2- 9/17/75 Councilman Sweeney reiterated his support of the Agricultural Study since it identified the issues involved. It was moved by Councilman Sweeney and seconded by Councilman Heckscher to authorize the consultant to proceed with Phase III of the Agricultural Study based on the Recommended Program dated September 17, 1975, provided by Staff and including purchasing of development rights over fee title purchase and consideration of the "right of first refusal." There was no vote on the motion. Councilman Heckscher suggested the motion be amended to initiate a General Plan Amendment this year or next year. There was further Council discussion of whether the emphasis of the Study is on agricultural preservation or open space. It was moved by Councilman Heckscher, seconded by Councilman - Sweeney and unanimously carried that consideration of granting authorization to the consultant to proceed with Phase III of the agricultural study be tabled until the next Council meeting of October 1, 1975, when a full Council is expected to be present. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the proposed initiation of General Plan Amendment No. 2 for the preservation of agriculture be tabled until the next Council meeting of October 1, 1975. BIDS. CONTRACTS. AGREEMENTS 1. FLOOD DAMAGE - INDEMNITY AGREEMENT FOR REPAYMENT OF DISASTER FUND GLEND LE FEDERAL SAVINGS LO Council received copies of a report dated September 17, 1975, from the Director of Administrative Services forwarding a proposed Indemnity Agreement for the payment of disaster funds held by the City as a result of the 1969 floods. The funds have been held in a trust account since October 27, 1971) and are now being claimed by Glendale Federal Savings & Loan as a result of the bankruptcy settlement of Marina View Heights Development Co. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to authorize payment to Glendale Federal Savings & Loan of Federal disaster funds in the total amount of $15,255, to authorize the Mayor to execute the Indemnity Agreement on behalf of the City, and the City Clerk to attest thereto. 2. STORM DRAIN CONSTRUCTION - EASEMENT DEEDS AND AGREEMENT, DOL 72-110 CAPISTRANO AIRPORT INDUSTRIAL PARK AND VETA CORPORATION) Council received copies of a report dated September 17, 1975, from the Director of Public Works forwarding easement documents and a propoeed Agreement providing for a storm drain easement across the Capistrano Airport property. The Veta Corporation (Smythe -Bros.) is required to construct a master planned drainage facility extend!.ng from Camino Capistrano to the San Juan Creek Channel outside of the public right-of-way in order to improve the industrial property on Camino Capistrano north of Avenida Aeropuerto. The proposed Agreement provides for the granting of a perpetual easement for underground storm drain purposes, and the City Attorney recommends that the easement be for storm drain purposes and not restricted -3- 9/17/75 to an underground right. Council action on this matter was taken later in the meeting. 3. STREET IMPROVEMENT AGREEMENT, 32302 CAMINO CAPISTRANO (BROWN) Council received copies of a report dated September 17, 1975, from the Director of Public Works forwarding copies of a proposed Agreement for the construction of street improvements in conjunction with an office building project on the north- east corner of Camino Capistrano and Ave. Padre. The project is within the area of the proposed Camino Capistrano Improvement District, which includes street improvements and utility undergrounding. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to approve the Agreement, authorize the Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. Staff is also authorized to accept a faithful performance bond in the amount of $9,000 to be submitted by the developers, A. W. Brown and Diane E. Brown. 4. DEL OBISPO BRIDGE APPROACH - CHANGE ORDER NO. 1 R. J. NOBLE COMP Y Council received copies of a report dated September 17, 1975, from the Director of Public Works forwarding Contract Change Order No. 1, which provides for a 45 -day extension of time for the Del Obispo Bridge Approach Project. Commencement of the project was delayed 6 weeks due to a steel fabrication strike. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to approve Contract Change Order No. 1, Project No. 7599-04 , R. J. Noble Company. The date of the completion of the project is extended to October 31, 1975. 5. MASTER PLAN OF DRAINAGE - REIMBURSEMENT AGREEMENT, LUP 72-103 (CAPISTRANO VALLEY BAPTIST CHURCH Council received copies of a report dated September 17, 1975, from the Director of Public Works forwarding copies of a proposed reimbursement agreement between the City and the Capistrano Valley Baptist Church for master planned drainage facilities in conjunction with the recent Church building expansion. In constructing a portion of Master Planned Facility LO1P02, the Church has incurred costs of $16,620 would would be eligible for reimbursement. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to approve the Drainage Reimbursement Agreement between the City and the Capistrano Valley Baptist Church, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. 6. PASEO CIELO SANITARY SEWER CONSTRUCTION - W RD OF BID Council received copies of reports dated September 17, 1975, from the Director of Public Works forwarding a tabulation of bids received on September 17th for the construction of the Paseo Cielo sewer line. It was moved by Councilman Byrnes and seconded by Councilman Sweeney to accept the low bid in the amount of $9;668.40 -4- 9/17/75 from Paulsom-Crowley Company for the construction of a sanitary sewer in Paseo Cielo, to reject all other bids recived, the award to be subject to the receipt of all necessary easements and subject to the execution of the participation agreements by the three property owners requesting construction of the sewer line. The City will initially finance approximately 75% of the project cost. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, and Mayor Weathers NOES: Councilman Heckscher ABSENT: Councilman Nash RECESS AND RECONVENE Council recessed at 8:48 P.M. and reconvened at 9:05 P.M. PUBLIC HEARINGS 1. TRAFFIC REGULATIONS - URGENCY ORDINANCE NO. 295 (ADOPTION). Council received copies of a report dated September 17, 1975, forwarding copies of the proposed Traffic Ordinance. Notice having been given as required by law, Mayor Weathers declared the Public Hearing open on the proposed adoption of an urgency ordinance providing for Traffic Regulations. George Alvarez, Traffic Engineer, made an oral presentation and advised that the ordinance had been compiled in coopera- tion with City staff, the Traffic and Transportation Committee, and the Orange County Sheriff's Department which has recommended that the ordinance be adopted as an urgency matter since the City does not have a traffic ordinance in effect at the present time. Sgt. Van Gundy of the Sheriff's Department also addressed the Council. There being no one in the audience wishing to address the Council on this matter, Mayor Weathers declared the public hearing closed with the right to re -open at any time. Councilman Heckscher suggested that the proposed Bail Schedule be amended so that the word "violation" appear rather than "crime" and that the penalty assessments portion be clarified. Councilman Sweeney suggested that a table of contents be prepared for this ordinance and for other extensive ordinances before presentation to Council. ORDINANCE NO. 295: TRAFFIC REGULATIONS - AN URGENCY ORDINANCE OF THE CITY" OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR VEHICLE REGULATIONS WITHIN THE CITY LIMITS OF THE CITY OF SAN JUAN CAPISTRANO AND REPEALING ORDINANCES NOS. 84, 266 and 285 was read by title by the City Attorney. Further reading of all ordinances was waived earlier in the meeting. It was moved by Councilman Sweeney; seconded by Councilman Heckscher that Ordinance No. 295 be adopted as an urgency measure; and, that the Bail Schedule be approved. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Heckscher and Mayor Weathers NOES: None ABSENT: Councilman Nash 2. PERSONNEL - PROPOSED AMENDMENTS TO THE SALARY AND CLASSIFI- CATION PLAN, SETTING OF PUBLIC IEARING DATE Mayor Weathers set the date of Wednesday, October 1, 19750 for the Public Hearing on the proposed Amendments to the City's Salary and Classification Plan. -5- 9/17/75 4:84 ORDINANCES 1. LAND USE MANAGEMENT CODE - URGENCY ORDINANCE NO. 293 (ADOPTION) Council received copies of a report dated September 17, 1975, from the Director of Planning regarding the proposed adoption of the Land Use Management Code as an urgency measure. It was moved by Councilman Byrnes; seconded by Mayor Weathers that the portion of the Code relating to home Occupations be amended so that the persons allowed to be employed in a business located in a residence be limited to "three employees other than members of the immediate family." The motion carried by the following vote: AYES: Councilmen Byrnes, Heckscher and Mayor Weathers NOES: Councilman Sweeney ABSENT: Councilman Nash ORDINANCE NO. 293: LAND USE MANAGEMENT CODE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING RULES AND REGULATIONS RELATING TO LAND USE (URGENCY) was read by title by the City Attorney. Further reading of all ordinances was waived previously in the meeting. It was moved by Councilman Heckscher and seconded by Council- man Sweeney that Ordinance No. 293 be adopted as an urgency measure. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Heckscher and Mayor Weathers NOES: None ABSENT: Councilman Nash The Director of Planning advised that with the adoption of Ordinance No. 293, the moratorium on the acceptance of building applications is officially ended and that requests for exemptions from the deferral period are no longer necessary. RESOLUTION NO. 75-9-17-1: STATEMENT OF OVERRIDING CONCERN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ISSUING A STATEMENT OF OVERRIDING CONCERN IN CONJUNCTION WITH THE ADOPTION OF THE LAND USE MANAGEMENT CODE It was moved by Councilman Byrnes and seconded by Councilman Sweeney that Resolution No. 75-9-17-1 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Heckscher and Mayor Weathers NOES: None ABSENT: Councilman Nash 2. HOME WARRANTY PROGRAM - ORDINANCE NO. 294 (ADOPTION) Council received copies of a report dated September 17, 19750 from the City Manager forwarding copies of the Home Warranty Ordinance, as introduced at the Council meeting of September 3, 1975. Councilman Sweeney suggested that in Section 2, Definitions, Paragraph F, the word "imminently" be placed before ". . . produce a substantially. ." rather than before "likely to produce. . ." -6- 9/17/75 485 Councilman Byrnes noted his opposition to the proposed ordi- nance and stated he would prefer to receive further information on both a proposed national program and a proposal from the building industry. Councilman Heckscher stated that if the ordinance is amended at a later date, a section should be included advising the home buyer of available recourse in case of loss. ORDINANCE NO. 294: HOME WARRANTY PROGRAM - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUIRING SELLERS OF NEW RESIDENTIAL DWELLING WITS TO PROVIDE HOME WARRANTIES TO INSURE AGAINST FAULTY WORKMANSHIP AND MATERIALS AND MAJOR CONSTRUCTION DEFECTS was read by title by Councilman Sweeney. Further reading of all ordinances was waived earlier in the meeting. It was moved by Councilman Sweeney and seconded by Councilman Heckscher that Ordinance No. 294 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Heckscher and Mayor Weathers NOES: Councilman Byrnes ABSENT: Councilman Nash RESOLUTIONS 1. BUILDING & SAFETY - DEVELOPMENT FEES AND BONDING SCHEDULES Council received copies of a report dated September 17, 1975, from the Director of Public Works forwarding a proposed Resolution to amend plan check fees for improvement plans. RESOLUTION NO. 75-9-17-2: DEVELOPMENT FEES AND BONDING SCHEDULES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING DEVELOPMENT FEES AND BONDING SCHEDULES FOR THE PROCESSING OF DEVELOPMENT PLANS, DIVISIONS OF LAND, ADMINISTRATIVE MATTERS, AND CONSTRUCTION INSPECTION AND RESCINDING RESOLUTION NO. 75-8-29-2 It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried that Resolution No. 75-9-17-2 be adopted. The motion carried by the following vote; AYES: Councilmen Sweeney, Byrnes, Heckscher and Mayor Weathers NOES: None ABSENT: Councilman Nash 2. TRAFFIC - "NO PARKING" AREAS AND SPEED LIMI Council received copies of a report dated September 17, 1975, from the Director of Public Works forwarding copies of two proposed Resolutions pursuant to the provisions of the new Traffic Ordinance No. 295. RESOLUTION NO. 75-9-17-3: "NO PARKING" AREAS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING" AREAS AS SET FORTH ON THOSE STREETS OR PARTS OF STREETS HEREON DESCRIBED AND RESCINDING RESOLUTIONS NOS. 68-12-23-3, 69-3-24-2, 70-7-27-5, 73-1-22-10, 73-7-23-1, 75-7-23-2, 73-11-12-4, aid 75-6-25-5 It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that Resolution No. 75-9-17-3 be adopted. The motion carried by the following vote: -7- 9/17/75 V AYES: Councilmen Sweeney, Byrnes, Heckscher and Mayor Weathers NOES: None ABSENT: Councilman Nash RESOLUTION NO. 75-9-17-4: SPEED LIMITS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING THE PRIMA FACIE SPEED LIMITS SET FORTH ON THOSE STREETS OR PARTS OF STREETS HEREON DESCRIBED It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that Resolution No. 75-9-17-4 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Heckscher and Mayor Weathers NOES: None ABSENT: Councilman Nash 3. TRAFFIC - INSTALLATI T CALLE LA Council received copies of a report dated September 17, 1975, from the Director of Public Works forwarding the recommenda- tion of the Traffic and Transportation Committee with regard to the above-mentioned stop signs. Under the provisions of the new Traffic Ordinance No. 295, all stop signs shall be approved by motion of the City Council, rather than by Resolution. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve the installation of a stop sign on Calle La Fuente at Ave. Pedregal, and approve the installation of four-way stop signs at the inter- section of La Novia Ave. and Ganado Road. Staff is directed to continue monitoring the intersection of Ave. Pedregal and Calle La Fuente to ascertain its effectiveness. ORAL COMMUNICATIONS 1. TRAFFIC ENFORCEMENT/DISTURBANCES Blanche Chestek, 26438 Paseo Carmel, addressed the Council regarding the lack of traffic enforcement and disturbances from noise in the Capistrano Villas area. 2. NAMING OF PARK SITE Pam Hallan addressed the Council and advised that she would appear under the Parks and Recreation Commission item entitled "Naming of Long Park." 3. TREE REGULATIONS Dale J. Kirstine, 30936 Paseo Mar Azul, addressed the Council and presented a letter dated September 17, 1975, regarding the tree preservation portion of the Land Use Management Code as it relates to trees on private property and landmark trees. Mayor Weathers directed the Planning Director to report back to Council within 30 days on Mr. Kirstine's concerns. -8- 9/17/75 4. 5. STORM DRAIN CONSTRUCTION - EASEMENT DEED AND AGREEMENT 4 8 7 DOL 72-110 (CAPISTRANO AIRPORT & INDUSTRIAL PARK AND VETA CORPORATION Jim Knight addressed the Council on behalf of Smythe Bros. and the Veta Corporation regarding their need to construct a master planned drainage facility across the Capistrano Airport property in order to improve the industrial property on Camino Capistrano north of Avenida Aeropuerto. He suggested that the problems encountered in the proposed Agreement granting entry for sewerline maintenance are strictly terminology and advised that their construction must be completed in compliance with the Flood Control District permits which are only granted up to October 15th. Julian Willcox, general partner of the Capistrano Airport & Industrial Park, addressed the Council at the invitation of Mayor Weathers. Mr. Willcox advised that the required storm drain is an 84 -inch diameter line running through the middle of the airport property and that he has no objections to the installation of the drain, that there is a 20 ft. easement through the property, that entry rights would be given for any major repair of the storm drain, but they wish to retain the right to build over it. The City Attorney recommended that the deed be amended so that the City receives an ease- ment for storm drain purposes and that it not be restricted to the granting of an underground right. Council discussion of the matter ensued. It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried that an easement be required from the property owner allowing the City to enter upon the property in order to maintain, inspect, or otherwise repair the storm drain; and, that all rights of entry and all measures that are required to effect such repair and mainte- nance be included in that easement; and, in the event the City should be found liable for any damages by reason of such entry, that the City be held harmless therefrom; the Mayor is authorized to execute the Agreement on behalf of the City. The intent of the Agreement is that neither party shall obligate the other. TRAFFIC HAZARD - CAMINO CAPISTRANO AND TREE REGULATIONS William Bathgate, 29643 Camino Capistrano, addressed the Council regarding a bicycle lane on Camino Capistrano used by northbound bike riders at a dangerous curve in the vicinity of the Trabuco Creek crossing. He further commented on the traffic striping in the area. He also voiced his opposition to the portion of the Land Use Management Code dealing with the regulation of trees on private property. Mayor Weathers referred Mr. Ba.thgate's comments regarding traffic to the Traffic and Transportation Committee for report. CONSENT CALENDAR Councilman Heckscher requested that the List of Warrants be removed from the Consent Calendar for separate consideration. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that the staff recommendations be approved with regard to all other Consent Calendar items, as follows; 1. 1975-76 FISCAL BUDGET - REQUESTS FOR COMMUNITY PROMOTION FUNDS The Report on Requests for Community Promotion Funds dated September 17, 1975, from the Director of Administra- tive Services was ordered receive and filed. -9- 9/17/75 4_ 82 3. 4. REPORT OF PLANNING COMMISSION ACTIONS FOR 9/2/75 The Report of actions taken by the Planning Commission at their regular meeting of September 2, 1975, was received for information. SANITARY SEWER EASEMENTS - PASEO CIELO The Easements providing for the construction and maintenance of the sanitary sewer in Paseo Cielo are accepted and the Mayor authorized to execute the documents on behalf of the City. PERMISSION TO CONDUCT ADIOS A LAS The request of the Chamber of Commerce to conduct an arts and craft festival October 18 and 19, 1975, on Yorba Street and El Camino Real for the annual Adios a las Golondrinas y Fiesta de Artes in conjunction with the departure of the swallows, is approved. 5. APPROVAL OF WARRANTS After clarification, it was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the List of Demands dated September 17, 1975, Warrant Nos. 5729 through 5805, inclusive, in the total amount of $426,388.62, be approved as submitted. SUBDIVISIONS - STR= IMPROVEMENT AGREEMENT FOR TRACT 5996 CUNNINGHAM Council received copies of a report dated September 17, 1975, from the Director of Public Works forwarding a request from Howard A. Cunningham for permission to extend Paseo Terrazo located in Tract No. 5996 to the tract boundary and to eliminate the cul-de-sac shown in the preliminary tract map. Approval is also requested for permission to continue Paseo Terrazo into Tentative Tract 8994, which adjoins Tract No. 5996. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to approve the street improvement agreement, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. Councilman Heckscher requested that property owners on Aguacate Road be notified, since the construction of Paseo Terraza as a through street will join Aguacate Road. ADMINISTRATIVE ITEMS CITY MANAGER 1. Council received copies of a report dated September 17, 1975, from the City Manager regarding the proposal that the practice of publishing ordinances upon adoption be discontinued, since the State requirement is only that such ordinances be posted in three public places within the City limits. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to discontinue the practice of publishing adopted City Ordinances and to continue posting said Ordinances in three public places within the City limits. In addition, press releases are to be provided to all news- papers which would accurately and adequately cover the intent of ordinances and prepare copies of all ordinances for public dissemination to all interested citizens or groups; and, utilize inserts in water billings or newspapers to achieve wider dissemination of news concerning all ordinances. -10- 9/17/75 DIRECTOR OF PLANNING 1. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD FOR BOWLING Council received copies of a report dated September 17, 1975, from the Director of Planning forwarding a request from Jose Rosan for an exemption from the deferral period for the filing of development proposals on this property located south of Camino Capistrano. No action was taken. The Planning Director advised that since the Land Use Management Code has been adopted an an urgency measure, this request does not require Council approval and may be disregarded. 2. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD FOR rAR WA4N VnPT) TWnTTR9'RTVQ Council received copies of a report dated September 17, 1975, from the Director of Planning forwarding a request from Ralph E. Herrera of Kord Industries for an exemption from the deferral period for the filing of a Conditional Use Permit fox, a car wash to be located on Camino Capistrano in proximity to San Juan Creek Road, No action was taken. The Planning Director advised that since the Land Use Management Code has been adopted as an urgency measure, this request does not require Council approval and may be disregarded, 3. REQUEST FOR ESTABLISHMENT OF COMMERCIAL USE IN Council received copies of a report dated September 17, 1975, from the Director of Planning forwarding a request from Fred Sutherland for an establishment of use on property located at 26711 Verdugo Street. It is proposed that the yard area be utilized for retail sales of pottery, plants, and related items. It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried that the request be referred to the Cultural Heritage Commission for determination of use and to the Planning Commission for a recommendation relative to the waiver of improvements necessitated by the request. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. REQUEST FOR REDUCTION IN DRAINAGE FEES - EL NIDO MOBILE ESTATES Council received copies of a report dated September 17, 1975, from the Director of Public Works forwarding a request from Richard McMechan for a reduction in the amount of drainage fees payable for the E1 Nido Mobile Estates due to credit allowed for the construction of master planned drainage facilities. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to approve the recommended credit for master planned drainage facilities constructed and to direct the Citv Engineer to collect drainage fees in the total amount of $19,698. PLANNING COMMISSION 1, APPEAL OF PLANNING COMMISSION ACTIONS RE LAND USE PERMIT 75-1 RECRE TIONyEHI LE STOR GE F CILITY EHL R Council received copies of a report dated September 17, 1975, from the Director of Planning regarding the appeal of -11- 9/17/75 C.W. Ehlers from Planning Commission decisions in conjunction with the granting of a Land Use Permit for the establishment of a recreational vehicle storage facility east of Alipaz Street and conditions applied thereto, Mr. Ehlers is appeal- ing the following conditions of approval: (1) that the access route to the property be used as a bicycle route as long as the permit is in effect and (2) that a drainage fee shall be paid for the entire parcel on which the project and the adjacent stables are located. Mr. Ehlers addressed the Council, as did Mary Jane Forster on his behalf. It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried to defer the requirement for payment of drainage fees and the requirement for a permanent easement for bike trails at this time; said conditions shall be applied at such time as there is development on the parcel. PARKS AND RECREATION COMMISSION 1. NAMING OF THE AREA KNOWN AS "LONG PARK" Council received copies of a report dated September 17, 1975, from the Parks and Recreation Commission advising of their action on September 10, 1975, in re -stating their support for the use of the name "E1 Camino Park" for the area commonly known as "Long Park." Pam Hallan, member of the Cultural Heritage Commission, addressed the Council to recommend that parks be given Spanish names that are historically significant and further recom- mended that the area known as "Long Park" be given the name "E1 Camino Real Park." It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the park area along the west side of Camino 'Capistrano running from a distance approximately 250' south of La Zanja Street to approximately 300' south of Oso Road, be officially designated as "E1 Camino Real Park," RECESS AND RECONVENE Council recessed to Executive Session at 11:05 P.M. and reconvened at 11:29 P.M. CLAIM FOR DAMAGES - LONE PINE STABLES ANDERSON,CONNOR Council received copies of a report from the Director of Public `-.Yorks dated September 17, 1975, forwarding a claim for wrongful eviction and damages from Gordon D. Anderson and James L. Connor, operators of the Lone Pine Stables. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that the claim be denied and referred to the City's insurance carrier, Quinlan Insurance Company. -12- 9/17/75 491 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:30 P.M. to the next regular meeting date of Wednesday, October 1, 1975, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, APPROVED: -13- 9/17/75