76-0519_CC_Minutes_Regular MeetingMAY "f --I '.0
RFc�" !11 riJNG OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council was called to order by
Mayor Nash at 7:02 P.M. in the City Council Chamber followed by
the Pledge of Allegiance to the Flag. Invocation was given
by Father Martin, Old Mission Church.
ROLL CALL: PRESENT: Douglas B. Nash, Mayor
Yvon 0. Heckscher, Mayor pro tem
Councilman Kenneth E. Friess
Councilman Richard D. McDowell
Councilman John B. Sweeney
ABSENT- None
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works,/City Engineer; John O'Sullivan, Director
of Administrative Services; Thomas G. Merrell, Director of Planning;
James S. Okazaki, City Attorney; Mary Ann Hanover. City Clerk.
MINUTES:
Regular Meeting, May 5, 1976:
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that the Minutes of the Regular Meeting
of May 5, 1976, be approved with the following amendments to Page 5
"Proposed Roadway Extensions:" 4th line, 2nd paragraph, insert
the words "the straight -across" between ". . .Valley, but that"
and "Stonehill Drive extension. . ." Last line, 2nd paragraph,
change "Stonehill" to "Alipaz Street."
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that all ordinances be read by
title only.
BIDS, CONTRACTS, AGREEMENTS
1, HEALTH SERVICES - EXTENSION OF AGREEMENT WITH COUNTY OF ORANGE
(59) Council received copies of a report dated May 19, 1976,
from the City Clerk forwarding copies of an agreement with
the County of Orange for a 4 -month extension of the current
City -County Health Services Agreement from June 30, 1976,
to October 31, 1976. The County is proposing to negotiate
a new Agreement prior to the October termination date.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the 4 -month
extension of the City -County health Services Agreement, to
authorize the Mayor to execute the Agreement on behalf of the
City and the City Clerk to attest thereto.
2. CITY LIABILITY AND REAL PROPERTY INSURANCE COVERAGE
(48) Council received copies of a report dated May 19, 1976, from
the Director of Administrative Services providing further
information on bids received for the City's liability insurance
coverage, as requested by Council on May 5, 1976.
Council was also provided copies of a Proposal for Risk Manage-
ment and Insurance Audit dated May 17, 1976, from Warren,
McVeigh, Griffin &z Huntington.
It was moved by Councilman Heckscher, seconded by Councilman
-1- 5/19/76
Sweeney and unanimously carried that the contract for the e.
City's liability insurance coverage be awarded to the firm
of Holbert & Gorman in the total amount of $281018.
It was the consensus of the Council that the proposal for a
risk management analysis of the City's insurance liability
be placed on the Council Agenda of June 2, 1976, for consid-
eration at that time. An analysis would include a review
of insurance specifications; the City's liability in conjunc-
tion with the Capistrano Airport and SERRA; Council and
staff liability; building security.
3. AUDITING SERVICES - ACCEPTANCE OF PROPOSAL
(ARTHUR YOUNG & COMPANY)
(22) Council received copies of a report dated May 19, 1976, from
the Director of Administrative Services forwarding the
proposal of Arthur Young & Company dated May 4, 1976, for the
performance of an independent audit of the City's financial_
statements for the fiscal year ending June 30, 1976. The
estimated cost of the audit ranges from $7000 to $7800.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to authorize the Director of
Administrative Services to accept the proposal of Arthur
Young & Company for auditing services.
Councilman Sweeney suggested that at least three bids be
received in the future for Council consideration.
4. SANITARY SEWER RECONSTRUCTION - CAMINO CAPISTRANO AND
RAILROAD RIGHT-OF-WAY •- APPROVAL OF PLANS AND SPECIFICATIONS
(80) Council received copies of a report dated May 19, 1976, from
the Director of Public Works regarding the proposed replace-
ment of sections of sewer line constructed prior to 1930.
Two of the sections to be replaced are located along Camino
Capistrano, the third section is in the railroad right-of-way
behind the post office building. The reconstruction of the
sewer in the railroad right-of-way will necessitate the
removal of seven eucalyptus trees. The removal has
been approved by the Tree Inspector; and, a condition of
approval of the contract is that the contractor plant an
equal number of 24" box trees on the opposite side of the
railroad tracks in order to create a screening effect behind
the commercial area.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the sanitary
sewer reconstruction for fiscal year 1975-76 and to authorize
a call for bids.
5. SAN JUAN CREEK REST STOP - APPROVAL OF PLANS AND
SPECIFICATIONS
(62) Council received copies of a report dated May 19, 1976, from
the Director of Public Works requesting approval of the
plans and specifications for the San Juan Creek Rest Stop
in the area referred to as "Confluence Park" at the junction
of San Juan Creek and Trabuco Creek. The design of this
City -County project has been coordinated with the Parks and
Recreation Commission, the Orange County Harbor, Beaches
and Parks Division, and County Flood Control District.
Improvements include playground equipment, restroom facili-
ties, picnic area, bike trail, and equestrian corral.
Councilman Friess questioned the feasibility of a concrete
ramp for equestrian use and suggested that a dirt ramp be
installed. The Director of Public Works suggested that plans
for an equestrian ramp be requested from contractors at the
time bids are submitted. The installation of a dirt ramp
will be forwarded to the Equestrian Committee for review
and recommendation.
-2- 5/19/76
It was moved by Council--.. oveeney, seconded by Councilman
Heckscher and unani,. ,,.,_-- , carried to approve the plans and
specifications f- v construction of the San Juan Creek
Rest Stop ar-' .authorize the City Manager to advertise
for bide,
AIRPORT REPORT AND DISCUSSION
(48) Council received copies of a report dated May 19, 1976, from
the City Manager forwarding copies of a proposed ordinance
regulating the use and hours of operation of the Capistrano
Airport runway and taxiway. Due to complaints received from
residents of the Mission Bell Tract, meetings have been held
with representatives of the airport, the FAA, the State
Division of Aeronautics, and pilots, residents and City
personnel. The major complaints appear to involve transient
pilots, noise, and hours of operation. The proposed
ordinance provides for a record keeping system of landings
and departures, payment of a daily landing permit fee by
transient aircraft owners, prohibitions on landings and take-
offs by planes in excess of 12,500 pounds or jet powered,
and restrictions on hours of operation, departure patterns,
and landing pattern elevations. Provisions for revocation
of landing permits and for penalties are also included.
Mayor Nash then called for input from the audience, and the
following persons addressed the Council:
1. Jay Willcox, partner, Capistrano Airport, discussed
provisions of the proposed ordinance as it relates to
administration of the facility.
2. Bruce Winton, partner, Capistrano Airport, presented a
petition signed by 34 supporters of the Capistrano
Airport and read a notice setting forth rules and
regulations being implemented for use of the Airport
addressed to all aircraft owners and pilots of Southern
California.
3. Sharon Allen, 33292 Via Mayor, requested that the
ordinance be adopted and that the City require the
Airport owners to pay a possessory tax. Mrs. Allen
presented a petition signed by approximately 300 persons
requesting strict regulations for airport use.
4. Theresa Gomez, 25711 Via Solis, read her letter of
May 18th concerning an incident with a low-flying
airplane over her residence.
5. Doug Davidson, 25702 Via Solis, in favor of the ordinance.
6. Franklin Dimino, 501 Avenida Teresa, San Clemente, in
opposition to the ordinance and in favor of the airport
facility.
7. Rose Corrigan, Los Cerritos Ranch, in favor of the
Airport as a recreational facility.
8. Tim Ward, 33162 .Via Mayor, Mission Bell Ranch, in favor
of the ordinance.
9. Captain DeRosier, 24521 La Derre Drive, Mission Viejo,
suggested that portions of the ordinance be rewritten.
10. Joseph St.Jean, 33152 Via Mayor, regarding liability
insurance coverage, a possessory use tax, and airport
personnel.
11. Philip Grignon, Principal, Dana Hills High School, in
favor of the Airport facility.
-3- 5/19/76
12. 1'rat7k Dreyer, Ca��istrano r lying Ser vice, advised that the
traffic pattern has been modified and published in the
FAA Airport Director.
13. Steven Heath, Assistant Manager, Capistrano Airport,
cited information on response to complaints.
14. Isabelle Overland, 25966 Mariposa Avenue, in favor of
the ordinance.
15. Bob Gannon, Director, Chamber of Commerce, stated that
the Chamber supports the continued operation of the
airport, as does he as a private citizen.
16. Lou Hiimnerich, 32742 Alipaz Street, in favor of the
Airport facility.
Mayor Nash then requested continent from members of the City
Council. In response- to an inquiry from Mayor Nash regard-
ing the landing reports required in the proposed ordinance,
the City Manager advised that the reports are a method of
identifying and resolving complaints and that a CETA
(federally -funded) employee could be hired to monitor
aircraft and to oversee pilot logs.
Councilman Sweeney suggested that a group of 5 to 7 people
of varying viewpoints, including residents of the Mission
Bell Tract, pilots, and airport owners, review the proposed
ordinance and submit recommendations to the City Council.
Mr. Sweeney also suggested that this committee address the
possible future phase out and relocation of the airport with
consideration to be given to the Pr-ima Deshecha area.
Councilman Friess suggested that safety is the real problem
and that controls be aimed at the transient aircraft; that
alternative sites be investigated in cooperation with County
agencies.
Councilman Heckscher requested Council consideration of
several amendments to the proposed ordinance including the
deletion of reporting requirements and payment of landing
fees by locally -based aircraft. Pilots of transient air-
craft would be required to register and report upon larding
and pay a nominal dail=y landing permit fee. Mr. Heckscher
also suggested deletion of the restriction on hours allowed
for landings. He noted that the airport is a tourist and
recreational facility which should not be shut down and that
requiring payment of a nominal landing fee would not deter
landings by transient aircraft but would provide an opportunity
for their pilots to become more conscious of the constraints
on airport use.
It was moved by Councilman Heckscher and seconded by Council-
man Friess that the ordinance be.introduced as modified.
It was then moved by Councilman Sweeney, seconded by Council-
man Friess and unanimously carried that introduction of the
amended ordinance be tabled for consideration at the next
regular Council meeting of June 2, 1976. The revised
ordinance is to be reviewed by the City Attorney.
Written Communications in support of continuance of the
Airport operation were also received from Gordon Strachan,
27031-B Capote de Paseo, and from Bill Silzle, P.O. Box 582.
RECESS AND RECONVENE
Council recessed at 9:06 P.M. and reconvened at 9:20 P.M.
-4- 5/19/76
60
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT 7r-7 .I _gELLOTA SWIM SCHOOL)
APPEAL OI' PLANNING � ION DENIAL - CON'T'INUATION
(39) Mayor Nash d ..>><' that consideration of this appeal be
continue:' r- _.te Council meeting of June 16, 1976, as
req -des' - oy John R. Parker, on behalf of the applicant
Lawrence Dellota.
2. GENERAL PLAN AMENDMENT 76-1
SETTING OF HEARING DATE
(46) It was moved by Councilman Heckscher, seconded by Councilman
McDowell and unanimously carried that a Public Hearing be
scheduled.for June 2, 1976, at 7:00 P.M. in the City Council
Chamber for consideration of General Plan Amendment 76-1.
Items within the Amendment include Mission Hills Ranch, Inc.,
and a technical correction to the General Plan Map.
ORDINANCES
1. PROPOSED ORDINANCE PROHIBITING DOOR-TO-DOOR SOLICITATION
(26) Council received copies of a report dated May 19, 1976, from
the City Clerk forwarding copies of a proposed ordinance
prohibiting door-to-door solicitation within the City, as
directed by Council on April 16, 1975.
The City Attorney advised that some jurisdictions regulate
solicitation by two separate ordinances, one for charitable
organizations and one for profit-making organizations.
Councilman Friess noted that regulation is needed for profes-
sional solicitation, but that allowances should be made for
City -based youth groups. The City Manager advised that
solicitation by use of the telephone and the mails is not
prohibited and that youth groups could also use sidewalk
locations for their sales. Mayor Nash noted that door-to-door
solicitation is excessive in housing developments, and that
a large portion of the community already has prohibitions
on this type of activity. Councilman Heckscher suggested
that solicitation be limited to non-profit or charitable
organizations.
It was the consensus of the Council to continue this matter
to the meeting of June 2, 1976. The City Attorney is to
provide information on methods of regulating charitable and
profit-making activities.
ORAL COMMUNICATIONS
1. STATE COASTAL COMMISSION - SERRA PERIMIT RESTRICTIONS ON
AGRICULTURAL USE
(27) William Bathgate, 29643 Camino Capistrano, advised that he
would like to address the Council when the report on the
May 19th action of the State Coastal Commission appears
later on the Agenda.
2. CALLE ASPERO STREET -IMPROVEMENTS
(83) John Saunders, 31881 Paseo Alto Plano, addressed the Council
and suggested that the improvements to Calle Aspero be made
through an expenditure of City funds or that the project be
abandoned. Nine alternatives for funding the improvements
are listed in the Public Works Director's report which
appears later on the Agenda.
Tom Hribar also addressed the Council on this subject and
suggested that alternates 5, 6, 8, or 9 as listed on the
report be implemented.
-5- 5/19/76
3. ORANGE COUNTY GENERAL PLAN AMENDMENT 1-76 - ROAD ALIGNMENTS
(44) Mr. Jim Vanderhoof, 25692 Via del Rey, addressed the Council
regarding the circulation clement of Orange County General
Plan Amendment 1-76.
4. TENTATIVE TRACT 9299, AGUACATE ROAD (KCS SYSTEMS)
(85) Dr. Michael Berns, 26921 Canyon Crest, addressed the Council
regarding disturbance of the Aguacate ravine which would
occur if a bridge were constructed for access or the dam
removed. He suggested that access from Calle Aspero be
given consideration.
Anne Schauwecker, Paseo Don Jose, also addressed the Council
on this subject and cited the petitions which have been
delivered expressing opposition to the development in the
ravine area.
Denis Kutch, representing KCS Systems, requested that he be
allowed to address the subject when it appears on the Agenda.
5. CALLE ASPERO STREET IMPROVEMENTS
(83) Alan Monta, 31922 Paseo Monte Vista spoke in opposition to
improvements to Calle Aspero.
Bob Lyons, 31971 Paseo Monte Vista, addressed the Council
regarding width of the road.
Richard McMechan, 31847E Paseo Alto Plano, stated that a
traffic hazard exists and the roadway should be improved.
Dale Kirstine, 30936 Paseo Mar Azul, addressed the Council
regarding the burden of costs for improvement to the roadway.
6. TENTATIVE TRACT 9299. AGUACATE ROAD (KCS SYSTEMS
(85) Connie Christensen, 31741 Aguacate Road, addressed the
Council and cited her concerns for plants and wildlife
should the dam be removed.
7. STATE COASTAL COMMISSION - SERRA PERMIT RESTRICTIONS ON
AGRICULTURAL USE
(27) Larry Buchheim, 34012 Avenida Evita, advised that he would
prefer to address the Council at the time the matter appears
on the Agenda.
8. AGRICULTURAL PRESERVATION - PROPOSED GENERAL PLAN AMENDMENT
(46) Bruce Church, 26851 Canyon Crest, Chairman, San Juan
Alliance of Homeowners, commended the City Council on the
proposed General Plan Amendment regarding agriculture.
9. STATE COASTAL COMMISSION - SERRA PERMIT RESTRICTIONS ON
AGRICULTURAL USE
(27) Tony Forster, 31312 Guadalupe, read a statement regarding
actions by the City in conjunction with the State Coastal
Commission hearings on SERRA's application for plant
expansion. He requested that the City's representative to
SERRA be instructed to vote to reject Permit Condition 3
which restricts sewer hookups on agricultural lands for a
period of 15 years.
CONSENT CALENDAR
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried that the staff recommendations
be accepted with regard to the following Consent Calendar items:
-6- 5/19/76
621. REPORT OF PLANNING C0111MISSION MFT •`- ,1 OF MAY 4 1976
(67 ) The Report of actions talc-., the Planning Commission at
its regular meeting o_° 4, 1976, .%?as received for
information.
2. REPORT Off' ` `" _,.,tiAL HERITAGE COMMISSION MEETING OF MAY 4, 1976
(23) The report of actions taken by the Cultural Heritage Commis-
sion at its regular meeting of May 4, 1976, was received for
information.
3. REOUEST FOR PER U T TO SELL BUDDY POPPIES
MW SERRA POST NO. 3801)
(26) The request of VFW Serra Post No. 3801 for permission to
sell Buddy Poppies within the City on May 21and 22, 1976) is
approved, as requested by William M. Hager, Poppy Chairman.
4. RELEASE OF BONDS FOR STORM DRAIN EASEMENT ACROSS CAPISTRANO
AIRPORT AND INDUSTRIAL PARK - VETA COMPANY (SlYTH BROS.)
(80) Approval is granted to exonerate bond No. 2583989, Safeco
Insurance Companies since the easement deed requiring the
bond has been obtained by the City.
5. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
AS OF APRIL 30, 1976
(41) The City Treasurer's Report of 1911 Act delinquent bonds
as of April 30, 1976, was received for information,
6. CITY TREASURER'S REPORT OF INVESTMENTS AS OF APRIL 30, 1976
(41) The City Treasurer's Report of Investments as of April 30,
1976, was received for information.
APPROVAL OF WARRANTS
(41) With regard to Warrant No, 7157, payable to the Orange County
Retirement System, Councilman Friess inquired if a report on
the City's participation in the System would be forthcoming
and was advised that the City Manager will submit the report.
After clarification of Warrant No, 7227, it was moved by
Councilman Sweeney, seconded by Councilman Nash and unanimously
carried that the List of Demands dated May 19, 1976, Warrants
Nos, 7153 through 7238, inclusive, in the total amount of
$57,170.03, be approved as submitted.
TREE INSPECTOR'S REPORT
(74) Council received copies of a report dated May 19, 1976, from
the Director of Planning reviewing approved tree removals
on public property, as follows:
1. Removal of seven eucalyptus in conjunction with sewer
construction adjacent to railroad right-of-way. In
response to an inquiry from Councilman Heckscher, the
Director of Planning advised that the tree removal is
subject to the requirement that seven 24" box trees be
planted at the rear of San Juan Plaza.
2. Trimming of 34 eucalyptus along Camino Las Ramblas
between Via California and Via de Agua for safety and
view purposes. Councilman Heckscher questioned the
amount of trimming to be done and the criteria used and
requested that this item be held over to the next
Council meeting.
-7- 5/19/.76
3. Removal of one dying avocado tree in El Camino Real 6
Park on Camino Capistrano.
4. Removal of four trees within the right-of-way of San
Juan Creek Road adjacent to the proposed school site.
Councilman Friess requested that this item be held over
to the next Council meeting for clarification of
exactly which trees are proposed for removal.
It was moved by Councilman Heckscher, seconded by Mayor Nash
and unanimously carried to approve items 1 and 3 as set forth
in the Report; item 2 is referred back to the Tree Inspector
for another public hearing which would require notice to be
given to the residents of the area; item 4 is to be placed
on the Agenda for Council consideration on June 2, 1976, with
clarification of the apparent discrepancy in the plan.
SUBDIVISIONS AND ANNEXATIONS
1, APPROVAL OF TENTATIVE TRACT 9299 - AGUACATE ROAD
(KCS SYSTEMS)
(85) Council received copies of a report dated May 19, 1976, from
the Director of Planning forwarding a revised draft resolution
setting forth conditions of approval of Tentative Tract 9299,
as directed by the City Council on May 5th.
Petitions signed by 123 residents in opposition to the
construction of an access road across the ravine and the
removal of the earthen dam were received. Council also
received copies of a letter dated May 11, 1976, from Michael
Berns in.opposition to the development. A letter from
James K. Weathers in favor of safe access to the development
was presented.
The Director of Planning advised that an added condition of
approval provides for Council approval prior to the removal
of any trees in conjunction with subdivision improvements.
Councilman Sweeney noted that the resolution should include
the standard Home Warranty condition.
The Director of Planning made a slide presentation of the
ravine area.
Councilman Friess stated that the area has to be protected
and suggested that no construction traffic be allowed in the
ravine area, that steps be taken to return the area to its
natural state, and that the Del Obispo curve be altered so
that it is an intersection and a signal installed.
Councilman Heckscher stated that he is not satisfied that
Aguacate Road will provide safe access and that considera-
tion should be given to alternate access from Del Obispo;
he noted that construction of the bridge may cause more
damage to the ravine than it will alleviate that he was not
convinced that the removal of the earthen dam was necessary
from a safety viewpoint, and that the removal of the dam
could have considerable adverse impact on the existing fauna.
RESOLUTION NO. 76-5-19-1: TENTATIVE TRACT 9299 (KCS -
AGUACATE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
TENTATIVE TRACT MAP 9299, KCS SYSTEMS, INC.
It was moved by Councilman Sweeney and seconded by Council-
man McDowell that Resolution No. 76-5-19-1 be adopted.
The following persons then addressed the Council:
1. Denis Kutch, President of KCS Systems, advised that his
company would not be building houses, but would
construct the bridge if it is approved.
-g- 5/19/76
�. f- Tad addressed the length of the
2. John Gibbon, Aguaca � �,
bridge span and �':-ptionato the ravine by bridge
construction.
3. Bobbie Tv=. ,er, 82162 Aguacate Road, stated her concerns
with ceasing traffic on Aguacate Road due to
...erit.ial
development.
Mayor Nash suggested that Condition 19 of the Resolution be
modified to contain sufficient constraints so that building
and use of the bridge will not have a significant impact on
natural ecology of the ravine. The engineering and improve-
ment plans are to be especially sensitive to the ravine.
The design plans are to be reviewed by the City Council for
methods of minimizing environmental impact.
The Director of Planning advised that the conditions require
the developer to coordinate any improvements with the City's
plans for Del Obispo Street.
A Condition 22 is to be added to the resolution providing
that plans for any improvements in the open space area of -
the ravine and street improvement plans for Del Obispo Street
and Aguacate Road shall be reviewed and approved by the City
Council for measures to mitigate environmental disruption of
the ravine during construction prior to commencement of any
construction or modification.
Council then voted on the adoption of Resolution No. 76-5-19-1
as amendedand the motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell and Mayor Nash
NOES: Councilmen Friess and Heckscher
ABSENT: None
The amendments include modification to Condition 19 which
addresses the impact of bridge construction, the addition of
Condition 21 re the Home Warranty requirements, and the
addition of Condition 22 which provides for review of open
space and street improvement plans.
2. APPROVAL OF PARCEL MAP FOR DIVISION OF LAND 75-7
(CRUTCHER-OWEN)
(85) Council received copies of a report dated May 19, 1976, from
the Director of Public Works advising that the Parcel Map
for DL 75-7 has been reviewed and found acceptable for
recordation, Planning Commission conditions have been.met,
and plan check fees have been paid. Payment of Drainage
and parks and recreation fees were previously deferred by
the City Council to the time of application for building
permits. An Agreement to participate in a public improvement
district, including utility under grounding, has been signed
by the property owners.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the Parcel Map
for Division of Land 75-7, determining that said Map is
consistent with the City's General Plan and in substantial
compliance with the approved Tentative Map, to approve the
Agreement, and to authorize the Mayor to execute the Agree-
ment on behalf of the City and the City Clerk to attest
thereto.
-9- 5/19/76
3. APPROVAL OF DIVISION OF LAND 76-8 (VALL )
1,65
(85) Council received copies of a report dated INtay 19, 1976, from
t:ie Director of Planning forwarding the recori.mendation of
the Planning Commission regarding access to the development,
as directed by the City Council on May 5, 1976. The Coimiis-
sion recommends that alternate access to Calle Ricardo as
being an extension of Via de Linda be clearly defined. In
this manner, the developer is provided with an option of
constructing access to his property either from Calle Ricardo
or over the existing road easement between his property and
Del Obispo Street.
Councilman Sweeney questioned whether the City could require
a developer to negotiate access over another owner's property.
Councilman Heckscher inquired if the Commission had considered
the possibility of further subdivision of the property, since
the Lard Use Management Code provides that a private road
shall not serve more than 12 homes. The Director of Planning
advised that the potential for further subdivision had been
discussed, but future buyers would not be aware of the
conditions.
It was moved by Councilman Heckscher, seconded by Councilman
McDowell and unanimously carried to approve Division of Land
76-8 with the Conditions of Approval recommended by the
Planning Commission and with an added Condition indicating
that the subdivider prior to recording the Parcel Map shall
record a declaration of restriction notifying future buyers
that further subdivisions may result in a City requirement
for a public road between this property and the nearest
public street pursuant to provisions of the Land Use Mariage-
ment Code.
In response to an inquiry from Councilman Sweeney, the
Director of Planning advised that a 2 -lane road with an
unimproved median is a Condition of Approval in order
to lessen the impact on a rural area and to avoid
transient traffic on a private road.
ADMINISTRATIVE ITEMS:
DIRECTOR OF PUBLIC WORKS
1. CALLE ASPERO STREET IMPROVEMENTS
(83) Council received copies of a report dated May 19, 1976, from
the Director of Public Works setting forth possible alterna-
tives for funding the Calle Aspero street improvements.
The plans and specifications were approved on April 7, 1976.
Staff was directed to work with the homeowners who would be
benefitted by the street improvements and to cooperate with
Richard McMechan, a property owner in the Meissner Tract,
in developing agreements for the project funding. All
property owners in the Meissner Tract have not agreed to
participate in the funding.
Council discussed poi>sible methods of
including assessing property owners in
for one-half of the 'costs, recovering
from Bear Brand Ranch if Calle Aspero
that development, and the formation of
The Public Works Director advised that
spreading the costs,
the Meissner Tract
a portion of the costs
is extended west into
an assessmen district.
the administrative
district are a
costs.
costs for a relatively small assessment
large proportion of the total district
-10- 5/19/76
166
It was moved by
Councilman I{eckscher
that the City
pay
for
the entire
cost
of
the Calle Aspero
improvements.
The
motion
failed for
lack
of
a second.
Councilman McDowell stated than.; he was opposed to City
funding of a residential street and suggested that improve-
ments be deferred until such time as the Bear Brand Ranch
property is proposed for development.
It was moved by Councilman Heckscher• and seconded by Mayor
`dash that the City initiate proceedings for the formation
of an assessment district for improvement to Calle Aspero
which would include property owners in the Meissner Tract
and that the City pay for 50C of the costs of both the
improvements and the assessment district.
The Director of Public Works advised that a straw vote would
be conducted in order to determine the percentage of property
owners in favor of an assessment district.
John Saunders, a resident of the area in question., addressed
the Council regarding the percentage of benefit accrued by
residents of the Pacesetter and Meissner Tracts and stated
the road was adequate prior to the improvements made to the
south one-half of Calle Aspero.
Councilman Friess suggested that improvements be deferred
until property owners in the area request the formation of
an assessment district.
The above motion that the City participate in the improvements
to Calle Aspero then carried by the following vote:
AYES: Councilmen Sweeney, Heckscher and Mayor Nash
NOES: Councilmen McDowell and Friess
ABSENT: None
2. STATE COASTAL ZONE CONSERVATION COMMISSION REPORT
PERMIT FOR SERRA OCEAN OUTFALL
(27) Council received copies of two reports dated May 19, 1976,
from the Director of Public Works who also made an oral
presentation on the hearings held before the State Coastal
Zone Conservation Commission on the application of.,the
Southeast Regional Reclamation Authority (SERRA) for a permit
to construct an ocean outfall, expand pump station capacity,
and construct on Oso-Trabuco interceptor sewerage line.-�"The
following Coastal Commission staff recommendations were
heard in San Diego on May 5, 1976, and upheld by the Commission
in San Francisco on May 19, 1976,as conditions for granting
the permit:
(1) Pumping Capacity. Pumping capacity shall not be
greater than that necessary for 9.8 mgd.
(2) Agricultural Lands. No discharges shall be permitted
into new or existing sewer lines serving those lands that
are being cultivated for agriculture on the effective date
of this permit or contain class I or class II soils and
are capable of being used for agricultural purposes within
the Coastal Resource Management Area as shown on Exhibit 4,
provided, however, that developments that exist or have
acquired vested rights to construct and hook-up to the
sewer lines or those developments that receive a permit
from the Commission or its successor may be served by
such sewer lines. This condition shall remain effective
for 15 years from the effective date of this permit unless
the Commission or its successor modifies the prohibition
on hook-ups in light of future planning proposed for the
area.
-11- 5/19/76
State Commission staff were requested to visit the City
on May 13th to interpret the agricultural condition on a
current City map and to discuss the implication of the
conditions with City personnel and landowners in the
affected areas. As the City's representative to SERRA,
the public Yorks Director requested that he be directed
to either vote to accept the permit as conditioned, to
reject the permit, or to accept the permit but reject
Condition 2.
Council members discussed th
the permit status, and Mayor
letter had been sent to the
fact that neither the City n
had received prior notice of
by the Commission staff.
e possible consequences of
Nash advised that a
Commission objecting to the
or affected property owners
the conditions recommended
William Bathgate, 26943 Camino Capistrano, addressed the
Council and objected to the lack of official notification
of the Commission hearings or findings from either the
Commission, SERRA, or the City. Mayor Nash directed that
the City take the steps necessary to notify each of the
affected property owners and that a roster be compiled of
all property owners involved in any way.
Mr. Bathgate also inquired if an environmental impact report
had been prepared on the results of Condition 2, if the
City has taken any steps to study the financial impact, if
legal aspects had been investigated, and if the concept of
local governmental control had been considered. Mayor
Nash directed that the City Manager prepare a response to
Mr. Bathgate's concerns and to the concerns stated earlier
by Tony Forster.
Larry Buchheim, 34012 Ave. Evita, also addressed the Council
and stated that a landmark precedent is set by the permit
conditions and that the primary concern is the taking of
local control.
It was moved by Councilman Friess, seconded by Councilman
McDowell and unanimously carried that the Council meeting be
adjourned to Wednesday, May 26, 1976, at 7:00 P.M., so'that
more information may be received from staff and in order
to receive oral and written input from the property owners
involved.
Councilman Friess suggested that if the permit conditions
stand, the City should work with the State regarding tax
compensation and payment to property owners back to the
date when the lands were first placed in the agricultural
status. Councilman Heckscher suggested that the property
owners should also investigate alternatives available to
them. Mayor Nash suggested that cities should demonstrate
to the State that they are capable of developing plans to
designate and create agricultural control as the means of
retaining local governmental control.
In response to an inquiry from the Director of Administrative
Services, Mayor Nash clarified that the information requested
from staff is to include the financial impact on the City
of the conditions being imposed, costs involved, and potential
impact on assessed valuation and on gross property values as
assessed.
ADJOURNMENT
The meeting was adjourned at 12:48 A.M., Thursday, May 20, 1976,
-12- 5/19/76
MCI
68
to the next meeting date of Wednesday, May 26, 1976, at 7:00 P.M.
in the City Council Chamber for the purpose of completing considera-
tion of the Agenda and for a meeting with the members of the City
Planning Commission.
APPROVED:
DOUGLAS ASH, 'MAYOR
Respectfully submitted,
SIARY ANN H
',�'ER
OV, CITY CLERK
-13- 5//19/ 76