74-0204_CC_Minutes_Regular MeetingFEBRUARY 4, 1974
REGULAR MEETING OF THE CITY COUNCIL, CITY OF SAN JUAN CAPISTRANO
63
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
George Madsen, Senior Project Engineer.
ROLL CALL: Councilmen Present: Roy L. Byrnes, Mayor
Edward S. Chermak
Josh.Gammell
James F. Thorpe
James K. Weathers
Councilmen Absent: None
Staff Present: Donald G. Weidner, City Manager
George Madsen, Senior Project Engineer
William Murphy, Director of Public Works
James Okazaki, City Attorney
John O'Sullivan, Director of Finance
David Smith, Director of Planning
Jo Bennitt, City Clerk
MOTION TO READ BY TITLE
It was moved by Councilman Weathers, seconded by Councilman Gammell
and unanimously carried that all Ordinances and Resolutions be read
by title only.
PUBLIC HEARINGS - NONE
BIDS, CONTRACT, AGREEMENTS
1. CHANGE ORDER - CASITAS CAPISTRANO STORM DRAIN PROJECT
It was moved by Councilman Weathers, seconded by Councilman
Chermak, and unanimously carried to approve Change Order No. 1 to
Rockport Construction Company for time extension only in the amount
of 28 days, in accordance with the Public Works Director's Memoran-
dum of January 29, 1974.
ORDINANCES. RESOLUTIONS
1. ORDINANCE NO. 258: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO REPEALING ORDINANCE NO. 2 AND
AUTHORIZING THE DESIGNATION OF PUBLIC PLACES FOR THE POSTING
OF OFFICIAL NOTICES BY RESOLUTION was read by title by the City
Attorney, for the second time.
It was moved by Councilman Chermak, seconded by Councilman Thorpe,
and unanimously carried to adopt Ordinance No. 258.
SUBDIVISIONS, ANNEXATIONS
1. PROPOSED ANNEXATION TO DANA POINT SANITARY DISTRICT
There being no objections, the Public Works Director's Memorandum
of January 31, 1974 was received and filed.
COMMUNICATIONS - WRITTEN
1. PETITION FROM RESIDENTS OF DANA MARINA MOBILE HOME ESTATES RE:
The Public Works Director reported on the activities to date in an
attempt to isolate an odor source, and stated that he had met with
the management and other interested parties at the mobile home park
to review the problems which seem to be intermittent, and to assure
the residents that there would be a thorough investigation. During
the brief Council discussion, it was pointed out that the designers
have a responsibility to find a solution to whatever inadequacy may
exist in terms of an odor -free plant. Staff was directed to make a
continuing effort to achieve an environmentally acceptable operation.
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February 4, 1974
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COMMUNICATIONS - ORAL
John B. Sweeney, 25991 Calle Ricardo, spoke to the City Council of
his concern with respect to the operation of mobile home parks and
what kinds and degrees of controls may be exercised by their manage-
ment, with particular reference to political meetings.
Yvon O. Heckscher, 32341 Del Obispo, spoke in support of Mr. Sweeney's
remarks.
PLANNING COMMISSION MATTERS - NONE
ADMINISTRATIVE
1. PETITION RE: CALLE ASPERO IMPROVEMENT
In addition to the Public Works Director's Memorandum of January 31,
1974, the Senior Project Engineer reported orally with respect to
extensive research of records of lot splits and divisions of land
affecting the properties in question. He stated that most properties
carry an irrevocable offer to dedicate necessary rights of way and,
further, that most agreements state that improvements will be in-
stalled by the property owners when requested by the City. He ad-
vised that the time is appropriate for such requests to be made. He
discussed the status of the various improvements and suggested various
approaches to resolution of the problems.
Richard McMechan, 31841 Paseo Alto Plano, expressed the concerns of
the residents of the Meissner Tract with respect to safety.
It was moved by Councilman Thorpe, seconded by Councilman Chermak,
and unanimously carried to direct Staff to pursue all feasible
routes to bring about development of the balance of the street
improvements as soon as possible.
Staff was further directed to prepare a report for Council, setting
forth all feasible alternatives for a rapid resolution of the
existing problems. —
2. ALIPAZ RECREATIONAL VEHICLE PARK
Following discussion, it was moved by Councilman Thorpe, seconded by
Councilman Weathers, to approve Recommendation 2, as set forth in the
Planning Director's Staff Report, dated January 31, 1974 (LUP 72-121)
to the effect that the Council make a finding that substantial con-
struction has commenced but that this construction must be diligently
prosecuted under the schedule therein set forth.
The motion carried with the following roll -call vote:
AYE: Councilmen Byrnes, Chermak, Thorpe and Weathers
NAY: Councilman Gammell
3. COUNTY NOISE ORDINANCE AND ENFORCEMENT AGREEMENT
In amplification of his Memorandum dated January 30, 1974, the
City Manager discussed projected costs for enforcement by the County.
William Bathgate, 29634 Camino Capistrano, inquired about the wind
machines on his property and was advised that they would be exempted
as an agricultural use.
It was moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried to approve the City Manager's Recommendation
and refer the matter back to Staff to work with the County to prepare
an appropriate ordinance.
4. ORANGE COUNTY FLOOD CONTROL PERMIT FOR THE R. L. PYLE PROPERTY
It was moved by Councilman Thorpe, seconded by Councilman Chermak,
and unanimously carried to approve the Flood Control Permit and
authorize the Public Works Director to sign the same on behalf of
the City, as recommended in Memorandum of January 29, 1974. (Permit
No. 36973)
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February 4, 1974
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ADMINISTRATIVE (Cont'd) 65
5. PARKING CONTROLS ON OSO PARKWAY BETWEEN AVENIDA DE LA VISTA AND
CAMINO CAPISTRANO
The Senior Project Engineer discussed the problem as it relates
to safety sight distances, illustrated by an especially -prepared
plat map, as well as PUC standards.
Ben Michalec expressed the concern of residents who find it necessary
to park across the street. He stated that there had been on -street
parking for them when they first occupied the units, and its sub-
sequent elimination had been an unexpected loss of convenience.
It was moved by Councilman Thorpe, seconded by Councilman Gammell,
to authorize no change at this time. The motion carried the the
following roll -call vote:
AYE: Councilmen Byrnes, Chermak, Gammell and Thorpe
NAY: Councilman Weathers
In response to questions, the Public Works Director stated that
three parking spaces would be the maximum allowable to permit safe
turning from Avenida De La Vista and safe sight distances from Oso
Parkway.
6. LEGISLATIVE AIDES
It was moved by Councilman Weathers, seconded by Councilman Gammell,
to approve alternate action No. 1, as contained in the City Manager's
Memorandum dated January 29, 1974; i.e. to appoint Council Committee
to interview applicants. The motion carried with the following roll -
call vote:
AYE: Councilmen Byrnes, Gammell, Thorpe and Weathers
NAY: Councilman Chermak
7. ADOPTION OF 1973 UNIFORM FIRE CODE
It was moved by Councilman Thorpe, seconded by Councilman
Weathers, and unanimously carried to approve the City Manager's
Recommendation as contained in his Memorandum dated January 31, 1974,
to direct staff to prepare ordinance for next available agenda.
Deputy Fire Marshal Stanley Boettcher advised Council that the
Code as amended does permit "safe and sane" fireworks.
RECESS - Mayor Byrnes recessed the meeting at 8:55 p.m. and recon-
ve�ne —at 9 p.m., with all five Council Members present.
CONSENT CALENDAR
1. PROCLAMATION OF VOCATIONAL EDUCATION WEEK
There being no objections, Mayor Byrnes announced the Proclamation.
COMMITTEE REPORTS
1. CIVIC CENTER SUB -COMMITTEE
The Council briefly discussed their preferences as to locations,
however, no action was taken.
Randy Williams advised that the drive-in theater is comprised of
approximately seven acres and that the lease runs for 25 years.
STAFF REPORTS
1. DIRECTOR OF FINANCE - Report dated January 31, 1974 received and
filed.
2. DIRECTOR OF PLANNING - Report dated January 31, 1974 received and
filed.
Mayor Byrnes initiated discussion with respect to a "critique of
the Capistrano Valley General Plan and various development proposals
in the.Dana Point area." FEB 41974
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City Council Minutes
February 4, 1974
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STAFF REPORTS (Cont'd)
The Planning Director reviewed some points of concern contained in a
critique at the request of the Planning Commission, as follows:
1. The name: Capistrano Valley General Plan; 2. Activities Center;
Redevelopment of the older Capistrano Beach area --have stated that
that is a premature decision to which we are opposed.
3. DIRECTOR OF PUBLIC WORKS - Report dated January 31, 1974 received
and filed. In response to questions, the Senior Project Engineer
advised that the bridge widening on Del Obispo has been set back at
least sixty days.
WARRANTS - NONE
COUNCIL REMARKS
1. It was moved by Councilman Chermak to adopt Resolution No. 74 -2 -4 -
urging the Orange County Board of Supervisors to move to acquire
Starr Ranch for County purposes rather than allow it to be purchased
for private development. Councilman Thorpe seconded the motion, which
carried unanimously.
The aforesaid resolution was read by title by the City Attorney.
The City Manager was directed to telephone each member of the Board
of Supervisors on February 5th to advise them of Council action.
2. Pursuant to the Mayor's suggestion, Council authorized him, on
behalf of the City, to join with the San Juan Historical Society in
an invitation to the Southern California Historical Society to hold
their annual conference in San Juan Capistrano in 1976, the national
bicentennial year. He advised that this would bring approximately
400 historians to the City for a four-day stay.
It was suggested that the City should assist in making certain that
the visitors would have adequate accommodations for housing and
meetings and that the City might consider some financial assistance
in keeping with the Bicentennial program.
3. Following a discussion of the failure on the part of Von's Market
to observe the sign regulations by allowing inappropriate signs to
be installed in the parking area, Staff was directed to prosecute if
said signs have not been removed by the date of the next Council
Meeting.
4. Councilman Gammell commented favorably on the prospect that the
Council would have the budget document for study in sufficient time
to enable them to adopt the 1974-1975 budget before June 30, 1974.
ADJOURNMENT
There being no further business to consider, Mayor Byrnes adjourned
the meeting at 9:50 p.m.
The next Regular Meeting is scheduled for February 11, 1974, at 7 p.m.
in the City Council Chambers.
oy L: isyrnes M.U., mayor o
City of San uan Capistrano
FEB 41974