73-1105_CC_Minutes_Regular MeetingNOVEMBER 5, 1973
REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order by
Mayor Byrnes at 7:00 p.m.
The Pledge of Allegiance was recited. Invocation was given by
City Engineer George Madsen.
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ROLL CALL: Councilmen present: Roy L. Byrnes, Edward S. Chermak,
Josh Gammell, James F. Thorpe,
James K. Weathers
Staff present: Andersen, Kubota, Madsen, Murphy, Okazaki,
O'Sullivan, Smith, Weidner
APPROVAL OF MINUTES OF OCTOBER 23, 1973.
There being no objections, the foregoing minutes were approved
as printed.
SPECIAL PRESENTATION
Mr. Tom Fuentes of Supervisor Caspers' Office addressed the
Council and presented a check in the amount of $89,324.86. He stated
the money represented revenue received above and beyond those costs
to perform services by the County Building & Safety Department under
the City's existing contract.
PUBLIC HEARINGS
1. CONTINUED HEARING ON RZ 73-115-T - PARKING REQUIREMENTS.
Mayor Byrnes declared the public hearing re -opened.
The third revised draft of the proposed ordinance, together with
several recommended minor changes, was presented for consideration.
No one addressed the Council either in favor or in opposition to
the proposed ordinance, and the hearing was closed.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
carried, to revise the foregoing ordinance in the following sections
to read:
Section 5.08.6 - Off -Street Parking Requirements
Business and Commercial Uses:
(a) General Retail in Individually -
developed establishments or
within shopping centers of less
than 10,000 square feet gross
floor area.
2 spaces, plus 1 per
each 200 square feet
of gross floor area.
In shopping centers,
the initial 2 spaces
shall be required for
the center as a whole,
not for each individ-
ual establishment
within the shopping
center.
(h) Furniture and Appliance Establish- 1 per each 500 square
ments - in shopping center or individ- feet of gross floor
ually-developed establishments. area, but not less
than 8 per each such
use.
`.:�uncilmen Bye.-._.,�, o,1(1 Coui,cilmen
Gammell and Weathers voted noe.
Moved by Councilman TI-orpe, seconded by Councilman Gammell, and
unanimously carried, to adopt Ordinance No. 242 as an urgency,(third
revised draft with recommended changes), amending Ordinance No. 115
relating to parking requirements.
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Attorney Okazaki read the foregoing ordinance by title only, and
ad;`_ccd t`.a_ za°.f. c_d`nance would be ___ cf _`.c.. 4 mond:...
The Mayor. referred RZ 73-115-T - Parking Requirements - to Planning
Commission for further report in accordance with Section 10 of Ordinance
No. 115.
BIDS, CONTRACTS, AGREEMENTS
1. ACCEPTANCE OF FINAI. REPORT FOR CONSTRUCTION OF TREE WELL
ON DEL OBISPO BY SUKUT-COULSON, INC.
The Mayor advised that this item was tabled at the last meeting. '
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to.consider the foregoing matter at this time.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to adopt Resolution No. 73-11-5-1, declaring
work to be completed as to plans and specifications for the construction
of a tree well on Del Obispo Street, Project No. 7330.
Attorney Okazaki read the foregoing resolution by title only.
ORDINANCES, RESOLUTIONS
1. PROPOSED RESOLUTION REGARDING COUNTY PLANNING DEPARTMENT.
Mayor Byrnes stated this item was placed on the agenda at his
request and in essence is requesting the County to reject any proposal
which will decentralize the functions of the County Planning Department.
It is also recommended in the resolution that the County establish an
advisory committee consisting of representatives of cities and county
communities, who are vitally affected by the reorganization of the
Planning Department, to assist the Board of Supervisors in their deliber-
tions.
Moved by Councilman Weathers, seconded by Councilman Thorpe, and
unanimously carried, to adopt Resolution No. 73-11-5-2, urging the Orange
County Board of Supervisors to maintain a compreSensive, coordinated
and effective County Planning Department.
Attorney Okazaki read the foregoing resolution by title only.
The City Clerk was instructed to mail copies of the foregoing
resolution to the Board of Supervisors and all cities in Orange County.
The Mayor noted that due
failed to adopt a motion to have
this meeting read by title only.
to an omission on the agenda the Council
all ordinances and resolutions for
Moved by Councilman Chermak, seconded by Councilman Thorpe, and
unanimously carried, to have all ordinances and resolutions for this
meeting read by title only.
Attorney Okazaki suggested that in view of the foregoing action
the Council ratify their action with regard to adoption of Ordinance
No. 242 - Parking Requirements.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to adopt Ordinance No. 242, approving RZ 73-115-T
relating to Parking Requirements.
2. PROPOSED AMENDMENT TO URGENCY ORDINANCE NO. 245 - ESTABLISH-
ING MAXIMUM AMOUNTS THAT MAY BE EXPENDED BY CANDIDATES FOR
ELECTIVE OFFICES - URGENCY.
The City Manager reported that due to recent State legislation,
we have been advised that an elected candidate for municipal public
office need not file an expenditure statement if the lawful receipts
and expenses of his campaign do not exceed Five Hundred Dollars ($500.00).
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He stated that the ordinance adopted at the last meeting reads
$200 and should be amended to conform to State law.
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Moved by Councilman Thorpe, seconded by Councilman Gammell, and
unanimously carried, to adopt Ordinance No. 246 as an Urgency, amending
Section 5 (Expenditures Statement) in accordance with State legislation.
Attorney Okazaki read the foregoing ordinance by title only.
SUBDIVISIONS, ANNEXATIONS
1. SEWER EASEMENT FOR TRACT NO. 7626.
The City Engineer reported that Tentative Tract 7626 has been
divided into three parcels for recorded Tracts 7972 and 8325 which border
along Ortega Highway, and the final unit will be Tract 7626. It was
required of Leadership Housing to dedicate a sewer easement through the
area of the unrecorded Tract 7626 for the construction of the sewer line
to serve Tract 8325. This assures the City of having a proper easement
for the sewer facility until Tract 7626 provides street easements.
Moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried, to accept the foregoing sewer easement and
authorize the City Clerk to certify acceptance.
2. SLOPE AND SIDEWALK EASEMENT FOR TRACT NO. 7972 AND 8325
(PORTION OF TENTATIVE TRACT 7626).
The City Engineer.stated that a requirement of this Tract was
the construction of a meandering sidewalk along Ortega Highway. At the
time of approval of the Tentative Tract, the State had not set an align-
ment of Ortega Highway. At the present time, the State has established
a horizontal and vertical alignment of Ortega Highway and we can now
determine the exact location of the future street and how a sidewalk can
be constructed to fit the future street design. In cooperation with the
Division of Highways, we have agreed that we would obtain a slope and
sidewalk easement along Ortega Highway to assure ample right of way for
future street construction. The documents have been completed and signed.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to accept the slope and sidewalk easement for Tract
7972 and authorize the City Clerk to certify the acceptance.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to accept the slope and sidewalk easement for Tract
8325 and authorize the City Clerk to certify the acceptance.
3. ACCESS RIGHTS ON CALLE ASPERO FOR DOL 73-105.
The City Engineer advised that the subject division of land
divides a parcel of Tract 7112 that was initially set a side for park
purposes. The Council did not accept this as a park and the division of
I
and splits this parcel into three pieces along Calle Aspero. The most
southerly parcel was to be attached to another lot in the previously
recorded Tract 6742.
Since this addition to the previous lot is along the rear lot
line, it was a requirement on the division of land to dedicate access
rights to eliminate any future driveways into the backyard. The necessary
documents for the dedication of these access rights have been prepared
and signed.
Moved by Councilman Gammell, seconded by Councilman Chermak, and
unanimously carried, to accept the subject access rights and authorize
gine C: Ly �ecx co UeL�iiy uiir, acceptance.
COMMUNICATIONS - (WRITTEN) - NONE
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COMMUNICATIONS - (ORAL)
Mrs. Mary Jane Forster, 31312 Guadalupe, Director of San Juan
Capistrano Historical Society, addressed the Council and urged they give
consideration to establishing a Cultural Heritage Commission for the
preservation of historical sites.
The Council took no action at this time.
PLANNING COMMISSION MATTERS
1. POLICY PLAN.
The Mayor stated this matter would be taken up later in the
meeting.
ADMINISTRATIVE
1. ACCEPTANCE OF THE FINAL REPORT FOR DEL OBISPO - AHFP #540.
The City Engineer stated that final construction of the Del
Obispo Project was completed in May, 1972; however, we have continued
to furnish water to the Iwata property now under the possible development
as Tract 7616 by Westport. The water meters have now been removed and
this completes final expenditures on the overall project. He presented
copies of the final report as required by the County.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to accept the Final Report for the improvement
of Del Obispo Street from 650 feet north of Bluefin Drive to Trabuco
Creek, A.H.F.P. No. 540 and Agreement No. 671-426.
2. PROPOSED ORANGE COUNTY TRANSIT DISTRICT BUS ROUTES THROUGH
SAN JUAN CAPISTRANO.
The City Manager stated that the tentative route which has
been planned by the County Transit District is as follows: south on
Rancho Viejo Road, west on Junipero Serra Road, south on Camino Capistrano,
south or. Del Obispo Street. The route will connect to Capistrano Beach,
San Juan Capistrano, Mission Viejo and Laguna Hills. He presented a map
depicting the tentative route.
Moved by Councilman Thorpe, seconded by Mayor Byrnes, and
unanimously carried, to accept the proposed tentative bus route with the
suggestion the District consider the return route from Dana Point/Capi-
strano Beach to be a loop coming northerly on Camino Capistrano, and
that we urge further consultation with the City before final adoption
of the route.
3. PUBLIC WORKS ORGANIZATION.
The Director of Public Works presented a detailed report of
his review and recommendations with regard to the department's functions
and structure. He stated his report has been premised on manipulation
of the existing budget and existing personnel. He presented a list of
eight desirable programs within the City, and stated if the Council feels
these programs are necessary he would submit a report showing the re-
quired personnel, equipment and supplies necessary to perform each
program.
He recommended that Council:
1) Set a Public Hearing on a Proposed Resolution Amending the
City's Salary and Classification Plan as noted in his report,
2) Review the desirable programs as listed and provide direction
to staff,
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3) By resolution, establish the revised salary schedules as
noted in report, and
4) By resolution, adopt the recommended revisions to the City
Budget.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to set November 26, 1973, as the public hearing
date on the proposed resolution amending the City's Salary and Classifica-
tion Plan.
The Director of Public Works was requested to further report on
the list of desirable programs in their order of priority.
It was agreed that the proposed revised salary schedules would
be discussed in a personnel session at the November 12 Council meeting,
and it view of this action, no action was taken on the recommended
revisions to the City budget.
4. REDUCTION OF FIRE HAZARDS IN HILLSIDE AREAS.
The City Manager reported that he was recently informed by the
Department of Building & Safety that there are regulations in the
County Building Code relating to brush control and fire resistent
materials in hillside areas. He stated that staff was not aware of this
at the time this item was placed on the agenda.
Following discussion the City Manager and certain staff were
directed to meet with members of the County Grading Department and Fire
Protection personnel to discuss fire hazard controls and report back
to Council.
5. REPORT ON SPECIAL CENSUS.
The Director of Planning presented his report together with 1)
a cost estimate prepared by the Director of Finance, 2) an analysis be-
tween the financial cost and benefits involved in conducting the special
census, 3) the time frame under which the census will be carried out, and
4) a listing of 8 questions which may be asked at the time of conducting
the census.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried to authorize staff to proceed with the special
census.
Discussion ensued relating to the questions which may be asked,
and staff was directed to revise for Council's review at the next meeting.
6. PROPOSED ACCELERATED STEP INCREASE FOR ASSISTANT PLANNER
LARRY LAWRENCE.
The Director of Planning presented a copy of the performance
rating stating the reasons for the recommendation. He stated that the
two step merit increase, if approved, would be effective November 14.
Moved by Councilman Chermak to deny the recommendation. The
motion LOST for lack of a second.
Following discussion it was agreed that the Council would con-
sider this request during personnel session at their next meeting.
RECESS - 8:43 - 8:55 P.M.
PLANNING COMMISSION MATTERS
1. POLICY PLAN.
Mr. Ed Haworth of Haworth, Anderson & Lafer, Planning Consultants,
addressed the Council and sta'.ed if th^ policy plan is adopted, it will
be direction to them in prepa:inq the General Plan. He also stated that
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the Planning Commission has had numerous special meetings and work ses-
�;^rings, to rc•.;, 7 �'- 4 ment wh;ch •.as
adopted by them on October 16.
Following consideration it was moved by Councilman Weathers,
seconded .by Councilman Gammell, and unanimously carried, to adopt
Resolution No. 73-11-5-3, approving the Policy .Plan with the following
modifications:
Land Use Policy - Deletion of last sentence on Page Two
Land Use Policy - Deletion of the word "aggressively"
from Item 3 on Page Eight ^`
Public Facilities,
Services & Safety - Deletion of the last sentence of Item
Policy No. 6 on Page Eight
2. CAPISTRANO VALLEY GENERAL PLAN HEARING.
The Mayor stated that the County Planning Commission will be
holding a public hearing on the foregoing on November 12 and suggested a
representative from the City attend the meeting.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-11-5-4, requesting the
County Planning Commission to defer final action on the Capistrano
Valley General Plan until such plan has been presented to the City of
San Juan Capistrano for study and response per their commitment to the
City.
Staff was directed to present the foregoing resolution at the
public hearing November 12.
Attorney Okazaki read the foregoing resolution by title only.
Reference was made to the City's proposed Sphere of Influence
and discussed amongst the Council.
The Director of Planning presented a map depicting the Partial
Sphere of Influence which has been previously reviewed by the Planning
Commission. He outlined the boundaries as follows:
"The extension of the north easterly City limit
boundary in a north westerly direction to Inter-
state 5 north to Avery Parkway, easterly to the
ridge line, south along the ridge line to Camino
Del Avion extended, then easterly to the City
limits."
Moved by Councilman Thorpe, seccnded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 73-11-5-5, accepting the
Partial Sphere of Influence as reviewed by the Planning Commission.
Attorney Okazaki read the foregoing resolution by title only.
PARKS & RECREATION MATTERS
1. SERRA PARK DEVELOPMENT PLAN.
The Director of Planning presented a program for the development
of Serra Park and displayed the grading plan as submitted by Westport
Development Company, and prepared by Christiansen & Associates.
He stated that staff will be preparing specifications for the
installation of landscaping and irrigation systems, and will be presented
to the Parks & Rer_rcation Commission for their review and recommendation,
with final action to come from the Council.
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It was also noted that Westport is expected to complete the
grading this month. The landscaping of the site will constitute the
completion of Stage 1, and at this time, Westport will assume maintenance
of the park site for a period of two years. After that period the City
will assume its maintenance.
The Parks & Recreation Commission at their meeting earlier this
evening reviewed the subject grading plan, and it is their recommendation
that:
"Westport's Engineer conform the grading plan as close
as possible to the schematic concept submitted by
Westport's Landscape Architect on July 13, 1970, and
further, that slopes along north and south boundaries
of Serra Park not exceed 8 feet in height from the
finish pad elevations of existing and proposed
development".
The Council took no action other than to request that staff keep
them informed as to the status of this development.
CONSENT CALENDAR MATTERS
1. MARCH OF DIMES - REQUEST TO SOLICIT FOR FUNDS JANUARY
1 THROUGH 31, 1974.
2. CITIZENS TO SAVE SAN JUAN ADOBES - REQUEST TO SOLICIT
FOR FUNDS NOVEMBER 6 THROUGH DECEMBER 7, 1973.
Moved by Councilman Weathers, seconded by Councilman Chermak,
to deny Consent Calendar Item No. 2.
Moved by Councilman Gammell, seconded by Mayor Byrnes, and
carried, to table the foregoing motion. Councilman Chermak voted noe.
Staff was directed to determine if the Citizens to Save San
Juan Adobes are a committee directly .involved with the San Juan
Historical Society and report back at the next meeting.
COMMITTEE REPORTS - NONE
STAFF REPORTS
Reports were presented from the following:
1. City Engineer
2. City Treasurer
3. Director of Finance
4. Director of Planning
5. Director of Public Works
The foregoing reports were for informational purposes only and
required no Council action.
WARRANTS - NONE
COUNCIL REMARKS - NONE
ATTEST:
The Mayor adjourned the meeting at 10:02 p.m.
City Clerk
Roy L. Byrns, M.D., Mayor of
the City of San Juan Capistrano
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