76-0121_CC_Minutes_Regular MeetingJANUARY 21, 1976
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
Mayor Weathers.
ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
COUNCILMEN 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; Larry Lawrence, Acting Director of
Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City
Clerk.
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.
BIDS, CONTRACTS, AGREEMENTS
1. AWARD OF BID. 60" PARK MOWER - PUBLIC WORKS
Council received copies of a report dated January 21, 1976,
from the Administrative Assistant forwarding a capitulation
of bids received for a 60" park mower. The amount of $6,000
is authorized in the 1975-76 fiscal budget for this purpose.
It was moved by Councilman Sweeney, seconded by Councilman
Byrnes and unanimously carried to accept the low qualifying
bid from Klein Distributing Co, for a Systems -90-20 Simplicity
Tractor and 60" Mower in the amount of $6,460.06, and to
reject all other bids received.
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION ACTION RE
CONDITIONAL USE PERMIT 75-3 - SWIM SCHOOL (DELLOTA
Mayor Weathers re -opened the Public Hearing on the appeal of
action taken by the Planning Commission in denying Conditional
Use Permit 75-1 for the establishment of a swim school on
Alipaz Street in the RM (Multiple family) district. The
hearing is continued from the Council meeting of January 7, 1976.
Mayor Weathers inquired if anyone in the audience wished to
address the Council on this matter, and the following persons
responded:
a. John R. Parker, Attorney at Law, representing the
appellant, Lawrence Dellota, stated they were pre-
pared to submit information regarding parking and
noise.
b. Jose Ortega, 11843 Gerald Street, Granada Hills,
acoustical specialist, stated that if the pool pump
were placed underground with a. properly designed
lining and cover, the noise level would not exceed
40 db. He also discussed the effect of roofing
materials and other noise level measurement methods
with Council members.
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C. Jeff Haber, Two Frog Swim School, Westminster,
advised that lie conducts a teaching swim school in
a residential area without complaint.
d. Muriel Virgo, Virgo Swim School, Garden Grove,
stated that she conducts swim meets without complaint
from noise or parking conditions.
e. Lawrence Dellota, 26451 Arbor"Road, - San Juan
Capistrano, advised that his plans were to conduct a
teaching school and, consequently, there would'`not,
be great numbers "of students -in the pool at one-t.ime.
f. John R. Parker, who suggested that the pool could' -'be
completely enclosed and shortened in length.
g. John Manypenny, resident of Rancho Alipaz Mobile Home
- - - Park adjacent to the proposed pool site, stated that
a swim school would be an asset to the community, ,
but that the neighbors are concerned about the noise
in a residential area.
h. Leona Fitzpatrick, resident and local businesswoman,
spoke in favor of the establishment of a swim school
for its recreational and educational benefits.
There being no one else wishing to address the Council on
this matter, Mayor Weathers declared the Public Hearing closed
with the right to re -open at any time.
Council members then discussed the intensity of use on the
property and the number of parking spaces available. Council-
man Heckscher encouraged Mr. Dellota to submit a project at
another location for Council consideration.
It was moved by Councilman Nash and seconded by Councilman
Sweeney to uphold the Planning Commission decision and deny
the appeal. There was no vote on the motion.
Mr. Parker again addressed the Council to request reconsidera-
tion of the motion and Council consideration of a 15' reduction
in the length of the pool and a 5' reduction in the width,
which would result in a 30' x 60' pool, in order to increase
open space and parking areas.
It was moved by Councilman Heckscher and seconded by Councilman
Byrnes that the matter'be referred to the Planning Commission
for reconsideration. The motion carried by the following vote:
AYES: Councilmen Sweeney, Byrnes and Heckscher
NOES: Councilman Nash and Mayor Weathers
ABSENT: None
Mr. Parker then requested that Council rule on the adequacy
of Mr. Ortega's testimony that equipment noise would not be
adverse. Council was also advised that the appellant would
be willing to restrict the number of people using the pool
at one time. Council respectfully declined to take action
on these items.
2. PUBLIC BEARING DATE. -
qEL CLASSIFICA'I
Mayor Weathers set the date of February 4, 1976, for the
Public Hearing on the proposed Amendment to the Job Descrip-
tion for the position -of Typist/Clerk in the Office of the
City Clerk.
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RESOLUTIONS
1. DIRECTOR OF PLANNING - COMMENDATION
Council received copies of a draft of a proposed resolution
commending David J. Smith for his service to the City during
his tenure as Director of Planning, and Mayor Weathers read
the Resolution in full.
Council suggested the deletion of the work "uncharted" in
the fourth paragraph of the proposed Resolution.
RESOLUTION NO. 76-1-21-1: COMMENDING DAVID J. SMITH -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO. CALIFORNIA, RECOGNIZING CONTRIBUTIONS AND
SERVICES OF DAVID J. SMITH
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that Resolution No. 76-1-21-1
be adopted as amended.
ORAL COMMUNICATIONS
1. RELEASE OF OCCUPANCY PERMITS - LEADERSHIP HOUSING
John Katzmaier advised that he would address the Council
regarding issuance of occupancy permits to Leadership Housing,
which appears later on the Agenda.
2. CIVIC CENTER - ACCOMMODATIONS FOR LEGION HALL
Mr. Leo Chade addressed the Council regarding his letter dated
January 15, 1976, requesting accommodations for a Legion Hall
in conjunction with the proposed civic center. Mayor Weathers
advised that the letter had been received and would be con-
sidered along with requests for a public meeting facility
during discussions of the proposed civic center.
CONSENT CALENDAR
It was moved by Councilman Byrnes, seconded by Councilman Nash
and unanimously carried to accept the staff recommendations with
regard to the following Consent Calendar items:
1. REPORT OF PLANNING COMMISSION ACTIONS FOR 1/6/76
The Report of actions taken by the Planning Commission at
their regular meeting of January 6, 1976, was received for
information.
2. CITY TREASURER'S REPORT FOR THE PERIOD ENDING 12/31/75
The City Treasurer's Report for the period ending December 31,
19757 was received for information.
3. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES AS OF 1/9/76
The City* Treasurer's Report of 1911 Act bond delinquencies as
of January 9, 1976, was received for information.
APPROVAL OF WARRANTS
After clarification of Warrants Nos. 6403, 6422, 6426, and 6468,
it was moved by Councilman Byrnes, seconded by Councilman Heckscher
and unanimously carried that the List of Demands, Warrants Nos.
6382 through 6482, inclusive, and 1911 Act Account Warrants Nos.
0173, 0174, and 0175, in the total amount of $360,743,37, be
approved as submitted.
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5
CULTURAL HERITAGE COMMISSION BYLAWS
Council received copies of proposed ByLaws for the Cultural
Heritage Commission as required by the Land Use Management Code,
from the Director of Administrative Services. Councilmen Byrnes
and Heckscher suggested several revisions to the proposed ByLaws.
The Director of Administrative Services requested that the ByLaws
be withdrawn at this time for re -submittal after the end of the
current fiscal year.
SUBDIVISIONS AND ANNEXATIONS
1. TENTATIVE PARCEL MAP DOL 75-7 - ASSESSOR'S PA
Council received copies of a report dated January 21, 1976,
from the Director of Public Works providing information on
the appeal of certain conditions of approval for Division of
Land 75-7, the division of approximately 24 acres of land at
the easterly end of Avenida Sacarama into four parcels. The
conditions are contained in Planning Commission Resolution No.
PC 75-12-16-2 and were approved by the City Council at their
meeting of December 17, 1975.
Council also received copies of the letter dated January 13,
1976, from Gus A. Owen, Pacific Western Property Management,
citing the items of appeal; and, Mr. Owens addressed the
Council. Discussion of the items between Council, Mr. Owens,
and the Director of Public Works followed.
Condition 1 (right-of-way dedication; public improvements):
It was moved by Councilman Heckscher, seconded by Councilman
Byrnes and unanimously carried to direct staff to re -word
this condition to obligate the property owners of the four
parcels to participate in a public improvement district,
including the undergrounding of existing overhead utilities.
Condition 3 (access): .
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the applicant be required
to obtain legal access to the property approved by the City
Engineer.
Condition 4 (drainage fees):
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the drainage fees be
waived at this time; payment of the drainage fees is to be
made at the time of application for building permits.
Condition 5 (parks and recreation fees):
It was moved by Councilman Ileckscher, seconded by Councilman
Nash and unanimously carried that the request for waiver of
parks and recreation fees be denied.
Condition 7 (minimum lot size):
It was moved by Councilman Heckscher, seconded by Councilman
Byrnes and unanimously carried that the final parcel map be
revised to insure minimum lot size of 5.0 acres for each
parcel, and the property lines of Lots 1 and 2 shallinclude
the proposed irrevocably dedicated easement for Avenida
Sacarama until such time as it is improved.
RECESS AND RECONVENE
Council recessed at 9:10 P.M
Councilman Byrnes was absent.
and reconvened at 9:30 P.M.
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1/21/76
51
SUBDIVISIONS AND ANNEXATIONS (CONTINUED)
2. DIVISION OF LAND 72-110 (SMYTH BROS.) -
RELEASE OF PUBLIC IMPROVEMENT BOND
Council received copies of a report dated January 21, 1976,
from the Director of Public Works advising that the required
public improvements for DOL 72-110 (Smyth Bros.) have been
completed and inspected. Notices of Completion were recorded
on March 18, 1975, and December 10, 1975.
It was moved by Councilman Nash and seconded by Councilman
Sweeney to accept the public improvements for DOL 72-110, to
exonerate the Faithful Performance Bond and the Monumentation
Bond, and to require an extension of the Labor and Materials
Bonds to March 18, 1976, and December 10, 1976. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and Mayor
Weathers
NOES: None
ABSENT: Councilman Byrnes
Councilman Byrnes then re -joined the meeting.
3. STREET LIGHT PLAN -
TRACT 5126 (MAURER DEVELOPMENT)
Council received copies of a report dated January 21, 1976,
from the Director of Public Works forwarding the street light
plan for Tract No. 5126, located between the Ortega Highway
and San Juan Creek in the vicinity of the easterly City
limits. The proposed plan is in accordance with national
lighting standards.
Council discussed street lighting concepts in general, and
Councilmen Nash and Heckscher suggested that the following
items be considered by staff in establishing guidelines for
street light plans: Street lights are not to be excessive in
number; specifications should include brightness, color,
location, height, and style of fixtures; some flexibility is
to be allowed with regard to style and variety of lights.
The street light plan will be brought back for Council con-
sideration at a later date.
INISTRATIVE ITEMS:
CITY MANAGER
1. R
Council received copies of a report dated January 21, 1976,
from the City Manager forwarding a letter dated January 5, 1976,
from Ken Kirk, President, Capistrano Valley Horsemen's
Association, requesting the establishment of an Equestrian
Committee within the City.
Councilman Byrnes suggested the formation of an Equestrian
Commission in order to retain the equestrian lifestyle in the
community. The proposed commission's functions would be to
check tract maps for establishment of horse trails, to oversee
sanitation at stables, and to serve as coordinator between the
City staff and equestrian -minded residents.
Councilman Nash suggested that the Parks and Recreation
Commission form an ad hoc committee whose purview would be
limited to equestrian trails.
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52 It was moved by Councilman Sweeney, seconded by Councilman
- Nash and unanimously carried to instruct the Parks and
Recreation Conuni.ssion to invite representatives of the
Horsemen's Association to meet with the Commission in order to
determine in which manner the equestrian organizations can
act in an advisory manner to the Parks and Recreation Commis-
sion. It was the consensus of the Council that Mr. Nash's
conmient regarding an ad hoc committee be conveyed to the -
-.Commission.
t'was then moved by Councilman Heekscher, seconded by
--Councilman -Sweeney aiid unanimously carried that the motion be
re=considered and amended -to 'read as-followsi-"-`-'-
The Parks anti Recreation Coimnission is instructed to invite
representatives of the Horsemen's Association to meet with the
Commission in order to determine in which manner equestrian
organizations can act to preserve and protect the equestrian
amenities of the community.
DIRECTOR OF PLANNING
1. REOUEST TO WITHHOLD ISSUANCE OF OCCUPANCY PERMITS TO
Council received copies of a report dated January 21, 19760
from the Acting Director of Planning regarding a letter dated
December 20, 1975, from John F. Katzmaier, Sunhollow Home-
owners Association. The letter requests that the City withhold
occupancy permits for the final unit of the Sunhollow develop-
ment until such time as Leadership housing Systems, Inc.,
completes the installation of all recreational equipment, i.e.,
tot lot, benches, table, and croquet layout. Mr. Katzmaier
addressed the Council.
Council also received copies of a letter dated January 6, 1976,
from T.A. Dorsey, Leadership Housing Systems, citing the items
of concern and listing the improvements to be installed in
conjunction with Phase III of the development. Councilman
Nash suggested this letter be attached to the development
plans.
Mayor Weathers ordered the report received and filed. Staff
is to report to Council the results of a meeting scheduled
between representatives of the Homeowners Association,
Leadership Housing, and the City.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1.
ING COMMISSI
FOR CARWASH -
Council received copies of a report dated January 21, 1976,
from the Director of Public Works providing background infor-
mation on the appeal of Conditions of Approval for CUP 75-5,
the installation of a carwash on the west side of Camino
Capistrano at its intersection with San Juan Creek Road.
Council also received copies of letters dated December 22,
1975, and January 10, 1976, from Ralph E. Herrera, representing
Kord Industries, the appellant. Air. Herrera, 835 Agate Street,.
Anaheim, addressed the Council and provided exhibits for
Council consideration.
After discussion of the matter, Mayor Weathers directed that
this item be held over to the Council meeting of February 4,
1976, for further consideration.
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2. SEWER CONNECTION FEE
REQUEST FOR WAIVER (FORSTER)_ `--
Council received copies of a report dated January 21, 1976,
from the Director of Public Works forwarding a request for a
waiver for a second sewer connection fee from Mr, and Mrs.
Tony Forster in conjunction with the remodeling of their
residence at 31312 Guadalupe Street.
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that the waiver be granted.
3. REOUEST FOR SEWER REIMBURSEMENT -
TRACT 7221 7STRAUB DISTRIBUTING COMPANY)
Council received copies of a report dated January 21, 1976,
from the Director of Public Works regarding the request of
Straub Distributing Company for a reimbursement for the
installation of an oversized sewer line to accommodate
adjacent properties in conjunction with Tract 7221. The City
had previously collected sewer connection fees from the other
properties.
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried to approve payment in the
amount of $2,151.00 to Straub Distributing Company, represent-
ing total reimbursement for the construction of an oversized
sanitary sewer line in conjunction with Tract 7221.
4. VALLE ROAD AHFP PROJECT NO. 774. CANCELLATION
Council received copies of a report dated January 21, 1976,
from the Director of Public Works providing information on
the proposal that the extension of Valle Road southerly to
the Serra on-ramp in Capistrano Beach and the street widening
be cancelled. Cancellation of the project will free County
and City funds for allocation to other City projects.
RESOLUTION NO. 76-1-21-2: CANCELLATION OF AHFP - VALLE ROAD -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CANCELLING AN IMPROVEMENT PROJECT ON
VALLE ROAD, .COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING
PROGRAM NO. 774
It was moved by Councilman Nash, seconded by Councilman
Byrnes and unanimously carried that Resolution No. 76-1-21-2
be adopted.
CULTURAL HERITAGE COMMISSION
1. PERMIT REQUIREMENTS RE HISTORICALLY SIGNIFICANT SITES
Council received copies of a report dated January 21, 1976,
from the Director of Administrative Services forwarding
recommendations from the Cultural Heritage Commission for
revisions to Section 2.3.17 and 2.3.16 of the Land Use
Management Code.
It was the consensus of Council that the wording of Section
2.3.17 of the Land Use Management Code should be reviewed,
but that the Code should not be amended at this time.
2. INVENTORY OF HISTORICALLY SIGNIFICANT SITES
INCLUSION OF CERTAIN STREETS
Council received copies of a report dated January 21, 1976,
from the Director of Administrative Services forwarding
recommendations from the Cultural Heritage Commission.
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STREETS -
RESOLUTION NO.7_fi-1-21-3: HISTORICALLY SIGNIFICANT
A RESOLUTION OF THE' CI'T'Y COUNCIL 01' TILE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INCLUDING CERTAIN STREETS IN TIIE
INVENTORY OF HISTORICALLY SIGNIFICANT SITES
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that Resolution No. 76-1-21-3
be adopted.
The Resolution provides for the inclusion of the following
streets to the Inventory:
Los Rios Street from Del Obispo Street to Mission Street;
E1 Camino Real from La Zanja to Forster Street;
Camino Capistrano south of the Mission to E1 Adobe;
Spring Street.
Councilman Nash requested that the large "C" sign on the
hillside at the northwest portion of the valley and the
water tank located on Forster Canyon Road be considered for
addition to the Inventory.
PARKS AND RECREATION COMMISSION
1. ACCEPTANCE OF RESIGNATION - COMMISSIONER SURLES
Council received copies of a letter dated January 2, 1976,
from Minnie Surles, Chairman, Parks and Recreation Commission,
submitting her resignation from the Commission.
It was the consensus of the Council that the resignation be
accepted. Staff is directed to prepare an appropriate
resolution of coimnendation for Mrs. Surles' service to the
community during the past five years.
ORANGE COUNTY HOUSING AUTHORITY
The City Manager advised that John Manypenny, the City's repre-
sentative to the Orange County Housing Authority, had withdrawn
his resignation from that agency and, therefore, there was no
need for Council action at this time.
COUNCIL REMARKS
1. INTERGOVENAIENTAL COORDINATING COUNCIL
Councilman Heckscher suggested that another member of the
City Council be appointed to serve as the City's representa-
tive to the lntergovernmental Coordinating Council, since he
is often unable to attend the meetings.
2. PROPOSED COUNCIL AGRICULTURE COMMITTEE - RE BALLOT MEASURE
Councilman Nash suggested the formation of a Council committee
to meet with property holders in the prime agricultural area
in order to explain the program document and answer any
questions, to act as liaison between the Council and the
farmholders'and to assess the results of the Opinion Questions
listed on the upcoming election ballot for report to the
Council. It was the consensus of the Council that Councilman
Nash and Councilman Heckscher serve as that Council committee.
AMERICAN BICENTENNIAL FREEDOM TRAIN VISIT
Mayor weathers commended the City staff for the job done in
conjunction with the visit of the American Freedom Train on
January 19 and 20, 1976.
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ADJOURNMENT �5
There being no further business before the Council, the meeting
was adjourned at 11:10 P.M. to the next regular meeting date of
Wednesday, February 4, 1976, at 7:00 P.M. in the City Council
Chamber.
Respectfully submitted,
MARY AN HANOVER, CITY CLERK
APPROVED:
1/21/76
56
FEBRUARY 4, 1976
REGULAR MEETING OF TIIE CITY COUNCIL
SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council was called to order by
Mayor Weathers at 7:00 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag, invocation was given
by Mayor pro tem John B. Sweeney.
ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Douglas B. Nash
COUNCILMEN ABSENT: Councilman Yvon O. Heckscher,
who joined the meeting at 7:33 P.M
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services; William D. Murphy, Director
of Public Works/City Engineer; Larry Lawrence, Acting Director of
Planning; James S. Okazaki, City Attorney; Mary Ann Hanover,
City Clerk.
MINUTES
January 7, 1976:
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that the Minutes of the Regular Meeting
of January 7, 1976, be approved as submitted.
January 14, 1976:
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of January 14, 1976, be approved as submitted.
January 21, 1976:
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that the Minutes of the Regular Meeting
of January 21, 1976, be approved as submitted. Councilman Nash
noted that the item on page 8 regarding the Council Agricultural
Committee had been amended to read that the committee will con-
sist of Councilmen Nash and Heckscher.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Byrnes, seconded by Councilman Nash
and unanimously carried that all resolutions and ordinances be
read by title only.
BIDS, CONTRACTS, AGREEMENTS
1. ALIPAZ STREET RIGHT-OF-WAY - AGREEMENT AND ACCEPTANCE OF
Council received copies of a report dated February 4, 1976,
from the Director of Public Works forwarding an agreement, a
Grant Deed, and an easement deed for the acquisition of street
right-of-way for the improvements of Alipaz Street at Camino
Del Avion from Kinoshita Properties. The project includes
street improvements to be financed by the Arterial Highway
Financing Program and a storm drain to be financed by the
City Engineer's Flood Control Advisory Council funding
program. The City will be reimbursed for 50% of the cost
of the right-of-way acquisition.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to approve the Agreement for
the acquisition of a right-of-way for the improvement of
Alipaz Street, to accept the easement deed for street and
highway purposes, and to accept the Grant Deed for the
remaining triangular parcel.
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