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.
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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.
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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
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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
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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.
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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. . ."
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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:
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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.
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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.
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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.
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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
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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.
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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:
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