76-0204_CC_Minutes_Regular MeetingThe Mayor and City Cleric are authorized to sign the documentsf®,
on behalf of the City and the Finance Depart rient is authorized
to draw a warrant in the amount of $39,625, payable to
Kinoshita Properties, to be paid at the time of recordation
of the Agreement and Deeds.
In response to an inquiry from Councilman Nash, the City
Attorney advised that the three stone gate pillars on the
property in question would be relocated on Mr. Kinoshita's
property and would not be destroyed.
2. AGREEMENT FOR TREATMENT PLANT OPERATION AND MAINTENANCE
SERRA PROJECT COMMITTEE NO. Z
Council received copies of a report dated February 4, 1976,
from the Director of Public Works forwareing an agreement
between the City and Dana Point Sanitary District, Moulton -
Niguel Water District, and Santa Margarita Water District
providing for the City to be the contract operator of the
treatment facilities in conjunction with the transfer of
ownership rights of the plant to SERRA Project Committee No. 2.
Council discussed the implications of pending plant transfer;
and, after discussion of why the agreement was with the indi-
vidual districts rather than between the City and SERRA, Mayor
Weathers directed that the matter be held over to the meeting
of February 18th for report from the City Attorney, and further
report from the Director of Public Works.
3. AGREEMENT FOR CLOSURE OF STREET ACCESS (DE N
Council received copies of a report dated February 4, 1976,
from the Director of Public Works, forwarding an agreement
between the City and James R. and Ruth DeNault. The proposed
agreement grants the City the right to require the closure of
the north entry of the property on Del Obispo Street in
conjunction with the construction of the proposed DeNault
Hardware Home Center for traffic safety purposes.
It was moved by Councilman
and unanimously carried to
authorize the Mayor to sign
City.
PUBLIC HEARINGS
Nash, seconded by Councilman Byrnes
approve the Agreement and to
the Agreement on behalf of the
I.. AMENDMENT TO THE PERSONNEL CLASSIFICATION PLAN -
BUSINESS LICENSE CLERK
Mayor Weathers declared the Public Hearing open on the proposed
amendment to the Personnel Classification Plan and inquired
if anyone in the audience wished to address the Council on
this matter. The amendment provides for a change in job
title from Typist/Clerk to Business License Clerk for the
position assigned to the City Clerk's office. There being
no one wishing to address the Council, Mayor Weathers
declared the Public Hearing closed.
It was moved by Councilman Sweeney, seconded by Councilman
Byrnes and unanimously carried to approve the Job Description
for the position of Business License Clerk, as submitted,
and to authorize the change in job title from Clerk/Typist
to Business License Clerk for the existing position assigned
to the City Clerk's office. It was clarified that there
would be no addition of personnel by this action.
RESOLUTION NO. 76-2-4-1: BUSINESS LICENSE CLERK - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION NO. 72-1-19-1, THE CITY'S
CLASSIFICATION AND SALARY PLAN
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It was moved by Councilman Sweeney and seconded by Councilman
Byrnes that Resolution No. 76-2-4-1 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Byrnes, Nash and
Mayor Weathers
NOES: None
ABSENT: Councilman Heckscher
2. PUBLIC HEARING DATE - WEED ABATEMENT CIiARGES
Mayor Weathers set the date of Wednesday, February 18, 1976,
for the Public Hearing on charges to be assessed to individual
properties for weed abatement services.
3. PUBLIC HEARING DATES - REZONE 75-2 (MALASPINA CORP.) AND
REZONE 76-1 (TIERRA DEL CABALLO)
Mayor Weathers set the date of Wednesday, February 18, 19760
for Public Hearings on the proposed Rezone 75-2 (Malaspina
Corp.) and Rezone 76-1 (Tierra del Caballo).
RESOLUTIONS
1. ORTEGA HIGHWAY -
REOUEST FOR STATE SCENIC HIGHWAY DESIGNATION
Council received copies of a report dated February 4, 1976,
from the Acting Director of Planning forwarding copies of the
City's Ortega Valley Scenic Corridor Program for the proposed
application to the State Department of Transportation that
the Ortega Highway from Interstate 5 to the easterly City
limits be designated as a State Scenic Highway.
RESOLUTION NO. 76-2-4-2: REQUEST FOR SCENIC
DESIGNATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, REOUESTING DESIGNATION
OF THE ORTEGA HIGHWAY AS A STATE SCENIC HIGHWAY
It was moved by Councilman Sweeney and seconded by Councilman
Nash that Resolution No. 76-2-4-2 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Byrnes, Nash and
Mayor Weathers
NOES: None
ABSENT: Councilman Heckscher
2. ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN
Council received copies of a report dated February 4, 1976,
from the Director of Public Works regarding the Solid Waste
Management Plan prepared by the County of Orange in accordance
with the State Solid Waste Management and Resource Recovery
Act of 1972. The Plan provides for County purchase of lands
for disposal sites with, revenue sharing funds and offers
guidelines for the storage of residential trash, processing
of wastes, and future energy recovery systems. Concurrence
of a majority of the cities within the County must be
obtained.
RESOLUTION NO. 76-2-4-3: SOLID WASTE MANAGEMENT PLAN -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE FINAL DRAFT OF THE
ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN IN THE CITY OF
SAN JUAN CAPISTRANO
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2/4/76
It was moved by Councilman Byrnes and seconded by Councilman
Sweeney that Resolution No. 76-2-4-3 be adopted. The motion
carried by the following vote:
AYES:. Councilmen Sweeney, Byrnes, Nash and
Mayor Weathers
NOES: None
ABSENT: Councilman Heckscher
3. PRIMA DESHECHA RECREATION/DISPOSAL SITE - _-- -- --- --
GENERAL PLAN COMPLIANCE
Council received copies of a report dated February 4, 1976,
from the Director of Public Works forwarding a proposed
Resolution finding that the acquisition of land within the
City limits for the Prima Deshecha Recreation/Disposal Area
is in compliance with the City's General Plan. The City is
to participate in all site planning, for both recreation and
disposal purposes, within the project area. The County is
in the process of selecting a planning consultant to evaluate
the use of the area and to prepare schematics for ultimate
park development; the report is to be completed within six
months. The consultant is required to coordinate his planning
with the City for both the interim and ultimate park develop-
ment plans.
Councilman Heckscher joined the meeting at 7:33 P.M.
RESOLUTION NO. 76-2-4-4: PRIMA DESHECHA - GENERAL PLAN
COMPLIANCE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THAT THE
ACQUISITION OF LANDS FOR THE PRIMA DESHECHA PROJECT COMPLIES
WITH THE CITY'S GENERAL PLAN
It was moved by Councilman Sweeney and seconded by Councilman
Byrnes that Resolution No. 76-2-4-4 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Byrnes, Nash and
Mayor Weathers
NOES: None
ABSTAIN: Councilman Heckscher
ABSENT: None
Copies of the Resolution are
County Board of Supervisors
Management Agency.
ORAL COMMUNICATIONS
1. MOBILE HOME PARKS REPORT
to be forwarded to the Orange
and to the County Environmental
Timothy Tierney advised that he would address the Council at
the time the Mobile Home Park Rentals Report appears on the
Agenda.
2. BICENTENNIAL COMMITTEE - RECEIPT OF AWARD RE FREEDOM TRAIN
VISIT
Minnie Surles, Chairman of the City's American Revolution
Bicentennial Committee, addressed the Council and advised
that the South Coast Jaycees had presented their distinguished
service award to the Committee in recognition of the efforts
of the Committee and the City in bringing the Freedom Train
to the City. Mrs. Surles presented the Jaycee plaque to the
City Council.
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0
3. BICENTENNIAL COM*AITTEE - OFFICIAL BICENTENNIAL FLAG
Minnie Surles, Chairman of the City's Bicentennial Committee,
addressed the Council and advised that the official flag
presented to the City by the American Revolution Bicentennial
Association had been pilfered during the Freedom Train
festivities on January 20, 1976. She requcsted press coverage
to assist in the flag's recovery.
CONSENT CALENDAR
It was moved by Councilman Sweeney, seconded by Councilman Byrnes
and unanimously carried to accept the staff recommendations with
regard to the following Consent Calendar items:
1. APPROVAL OF WARRANTS
The List of Demands, Warrants Nos. 6483 through 6560, inclu-
sive, and 1911 Act Account Warrant No. 0176, in the total
amount of $86,106.29, was approved as submitted.
2. REPORT OF PLANNING COMMISSION ACTIONS FOR
JANUARY 13 and 27, 1976
The Reports of the joint Planning/Cultural Heritage Commission
worksession of January 13 and the regular Planning Commission
meeting of January 27, 1976, were received for information.
3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS FOR
JANUARY 6, 1976
The Report of actions taken by the Cultural Heritage Commis-
sion at their regular meeting of January 6, 1976, was received
for information.
4. REQUEST FOR SOLICITATION PERMIT. MONTH OF APRIL. 1976
The request of the American Cancer Society, Orange County
Unit, for permission to solicit for funds within the City
during the month of April, 1976, is approved contingent upon
receipt of a completed Solicitation Application Form.
5. TRACT 5657, C. MICHAEL COMPANY - ACCEPTANCE OF PUBLIC IMPROVE-
MENTS AND RELEASE OF LABOR AND MATERIAL BOND
The public improvements for Tract No. 5657, C. Michael Company,
are accepted; authorization is granted to release the Faithful
Performance Bond. The Labor and Material Bond is required to
be extended to February 4, 1977.
6. ALIPAZ SHOPPING CENTER - RELEASE OF DRAINAGE BOND
Authorization is granted to release Bond No. 002368, Covenant
Mutual Insurance Company, for a drainage problem created on
adjacent property by the construction of the Alipaz Shopping
Center. Mr. Reggie Nieblas, owner of the property in question,
has approved the drainage device and the City Inspector has
approved the work.
7. PROCLAMATION - SUSAN B. ANTHONY DAY, FEBRUARY 15, 1976
February 16, 1976, is proclaimed Susan B. Anthony Day in the .
City in honor of the leader of the women's suffrage movement,
as requested by the League of 'Women Voters of the Capistrano
Bay Area.
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EPTANCE OF EASEATENT FOR FLOOD CONTROL REVENTMENT PROTECTION -
CT NO. 7191. ASSESSOR'S PARCEL NO. 121-0i AND -23
Council received copies of a report dated February 4, 7.976, from
the Director of Public Works forwarding an easement deed for
reventment flood control protection on Trabuco Creek adjacent to
Westport Tract No. 7191. Rip -rap has been installed and the
reventment is to be maintained by the City in public right-of-way.
After clarification that there are no direct costs to the City by
accepting the easement, it was moved by Councilman Heckscher,
seconded by Councilman Byrnes and unanimously carried to accept
the easement deed for the rip -rap erosion control wall for Tract
No. 7191 from Westport Home Builders, Inc., and to authorize
recordation of the deed.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. ANNEXATION POLICY - VICINITY OF DEL
Council received copies of a report dated February 4, 1976,
from the City Manager forwarding copies of a letter dated
January 15, 1976, from Brattain Contractors, Inc., and Bauer
Development Co. expressing their intent to petition for
annexation to the City upon the recordation of the final map
for Tract 8090. The development consists of 61 residential
dwelling units in the vicinity of Del Obispo Street and
Camino del Avion and is located within the boundaries of
Waterworks District No. 4. The City's annexation policy
adopted by Resolution No. 75-4-2-6 provides for the commence-
ment of annexation proceedings when an area is within the
Waterworks District.
After considerable discussion between Council members and
the City Manager, it was moved by Councilman Sweeney,
seconded by Councilman Byrnes and unanimously carried to
authorize the City Manager to inform the petitioner that the
City Council will, after the final recordation of Tract 8090,
refer the petitioner's request to the City's Planning
Commission for its report or recommendation, pursuant to
Section 35108 of the Government Code.
RECESS AND RECONVENE
Council recessed at 8:17 P.M. and reconvened at 8:30 P.M.
CITY ATTORNEY
1. MOBILE HOME PARK RENTALS - CITY REGULATION
Council received copies of a report dated January 29, 1976,
from the City Attorney regarding regulation of rents in
mobile home parks by municipalities. In order to adopt a
rent control ordinance, the City must determine that a
serious housing emergency exists in the City, that there are
no vacant rental units, and that rents are excessive.
Timothy Tierney, Attorney at Law, representing Western Mobile -
home Association and Capistrano Valley Mobile Estates,
addressed the Council and presented copies of a written
report. He requested permission to supply additional infor-
mation to the City at a later date and offered his services
to the City.
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62
After discussion, it was the consensus of the Council that. -.a
staff should research mobile home rent control problems in
the City, including information from State-wide agencies,
mobile home park owners and residents, and prepare guide-
lines for study of mobile home park problems.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. HOME WARRANTY PROGRAM -
ADMINISTRATION OF ORDINANCE NO. 294
Council received copies of a report dated February 4, 19760
from the Director of Administrative Services forwarding
preliminary procedures for the administration of the City's
Home Warranty Program and a proposed Home Warranty Agreement
to be entered into between the seller and buyer of a
residential dwelling unit.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to accept the administration of
the program, as submitted, and to require either payment of
a deposit or posting of a bond by the builder for all units
for which building permits have been issued before issuance
of the first occupancy permit for each increment of construction.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. APPEAL OF PLANNING COMMISSION CONDITIONS FOR
Council received copies of a report dated February 4, 19760
from the Director of Public Works regarding the appeal by
Kord Industries of Planning Commission conditions imposed in
conjunction with the proposed construction of a carwash on
Camino Capistrano. Those conditions are the dedication of
right-of-way, construction of public improvements, and under -
grounding of utilities. The matter is continued from the
meeting of January 21st.
Mr. George Bach, civil engineer, Rolling Hills, California,
addressed the Council on behalf of the appellant.
It was moved by Councilman Heekscher, seconded by Councilman
Nash and unanimously carried as follows:
(a) The appeal of Condition 2, regarding dedication of
street right-of-way, is denied;
(b) Condition 3, construction of public improvements, is
deferred contingent upon the applicant posting financial
security in lieu of ultimate street improvements, the
amount of said security to be approved by the City Engineer.
(c) Condition 16, undergrounding of utilities, is deferred
until such time as the street improvements are installed
and is also contingent upon the applicant posting
financial security in lieu of undergrounding the utilities,
the amount of said security to be approved by the City
Engineer.
2. REPORT OF FREEDOM TRAIN VISIT EXPENSES
Council received copies of a report dated February 4, 1976,
from the Director of Public Works forwarding a cost report
on the visit of the American Freedom Train on January 19 and
20, 1976. City out-of-pocket expenses totaled $15,759.93.
The report was ordered received and filed.
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It was moved by Councilman Sweeney, seconded by Councilman 3
Byrnes and unanimously carried to officially commend the
Bicentennial Committee members and all of the City staff and
crews who supported the event with such style and finesse.
PLANNING COMMISSION/CULTURAL HERITAGE COMMISSION
1. LOS RIOS AREA PRECISE PLAN - PROGRESS REPORT
Council received copies of a report dated February 4, 1976,
from the Acting Director of Planning on the progress of the
scope of work for the Los Rios Precise Plan Study as dis-
cussed by the Planning Commission and Cultural Heritage
Commission at a joint meeting on January 13, 1976.
Mayor Weathers directed that the report be received and
filed; further information will be forthcoming from the
Commissions after their meeting scheduled for February 10th.
TRAFFIC AND TRANSPORTATION COMMISSION
1. TRAFFIC CONDITIONS - LOS PAJAROS AT SANTA ROSALIA
Council received copies of a report dated February 4, 1976,
from the Director of Public Works on the results of monitoring
traffic conditions in the area of Los Pajaros and Santa
Rosalia since the installation of traffic control devices,
as directed by the City Council on May 21, 1976. No inci-
dents have been reported in the last nine months.
Mayor Weathers directed that the report be received and filed.
2. CAMINO CAPISTRANO IMPROVEMENT DISTRICT - STATUS REPORT
Council received copies of a report dated February 4, 1976,
from the Director of Public Works forwarding the recommenda-
tion of the Traffic and Transportation Commission to support
Plan "D" for the improvement of Camino Capistrano. The
Plan includes!
A 98 -foot right-of-way to accommodate four travel lanes;
A raised landscaped median strip;
A 32 -foot frontage road on the east side of Camino
Capistrano which would also provide parking for
adjoining property.
Preliminary costs are estimated at $256,400, excluding utility
undergrounding. AHFP funds would provide a portion of the
costs for street improvements and storm drain construction.
It was moved by Councilman Nash, seconded by Councilman
Byrnes and unanimously carried to direct Staff to further
analyze Plan "D" in order to determine the costs to be
assessed to individual property owners, the City, and the
County.
3. TRAFFIC CONDITIONS - CALLE CHUECA
Council received copies of a report dated February 4, 1976,
from the Director of Public Works forwarding the recommenda-
tion of the Traffic and Transportation Commission that no
further action be taken with regard to traffic control
devices on Calle Chueca. Staff will continue to monitor the
situation.
Mayor Weathers directed that the report be received and filed.
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Me
RECESS AND RECONVENE
Council recessed to Executive Session at 9:55 P.M. and reconvened
at 10:10 P.M.
COMMISSION APPOINTMENTS
It was moved by Councilman Sweeney, seconded by Councilman Byrnes
and unanimously carried that the following appointments be made
to fill existing vacancies:
1.
Parks and Recreation Commission: Mr.
Robert
Youngren.
2.
Traffic and Transportation Commission:
Mr.
John Taylor
COUNCIL REMARKS
1
N
3
CONSIDERATION OF WATERWORKS DISTRICT ;4 AS A CITY FUNCTION
Councilman Sweeney suggested that consideration be given to
amalgamation of the Water District as a City function;
Councilman Nash advised that his Legislative Aide is investi-
gating the matter; the City Attorney advised the boundaries
of the two entities would have to be co -terminus for any
merger - to be considered.
GROWTH MANAGEMENT/CITY POLICIES
Councilman Sweeney noted that growth management pro blems are
the underlying factors in establishing City priorities and
that perhaps a growth management plan similar to that
established by the City of Petaluma should be considered in
order to balance the number of new tract developments with
City services, i.e., schools, utilities, water, sewer.
Mr. Sweeney also suggested that the City may wish to investi-
gate annexation of the land in the area of Spotted Bull Lane
at the north City limits since consideration is being given
to the establishment of a high school in the area.
EXPRESSION OF CONDOLENCE - DELFINA OLIVARES
It was moved by Councilman Byrnes, seconded by Councilman
Heckscher and unanimously carried that the City Council
express its sympathy on the recent passing of Mrs. Delfina
Olivares, matriarch of the San Juan Capistrano Historical
Society, and extend its respect and sympathy to her family
on behalf of the entire community.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:20 P.M. to the next meeting date of February 11,
1976, for continued consideration of the City Priority List.
Respectfully submitted,
MARY AN H NOVER, CITY CLERK
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2/4/76