74-0717_CC_Minutes_Regular Meeting167
JULY 17, 1974
REGULAR. MEETING OF TiIE 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. in the City Council Chamber, followed by the Pledge
of' Allegiance to the Flag. Invocation was given by Pastor William
Davenport of the Capistrano Valley Baptist Church.
ROLL CALL: C0UNCILMEN PRESF,NT: Roy L. Byrnes, Mayor
James K. Weathers, Mayor pro tem
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
Councilman John B. Sweeney
COUNCILMEN ABSENT: None
STAFF PRESENT: Donald G. Weidner, City Manager; George Madsen, Sr.
Project Engineer; William Murphy, Director of Public Works; James
Okasaki, City Attorney; John O'Sullivan, Director of Finance; David
Smith, Director of Planning; Mary Ann Hanover, City Clerk.
MINUTES
After review of the June 5, 1974 Minutes with regard to Westport
Homebuilders Tract 7616, Condition 30, it was the consensus of the
Council that the record reflect that Councilman Heckscher's motion
was ". . , the sum of $20,000 be paid forthwith and that the sum of
$3,500 be reserved for the planting of the nine specimen trees in
Tract No. 7616." Westport is to be directed to pay the additional $3,500.
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried that the Minutes of the Regular Meeting of
July 3, 1974, be approved with the following corrections:
Page 2, Veterans Administration, last sentence to read:
11
. . at a future meeting after review by the City Attorney."
Page 2, Storer Cable Television, second paragraph, second
sentence to read: "Council members stated . . ."
Page 4, Final Tract Map 84:60 (holstein), add the following:
"Councilman Sweeney stated that he had fought
this Tract from the Planning Commission all of the way through
with the developer, had listened to the homeowners' objections,
and was gratified to hear Mrs. Lathrop's statement. If we allow
development like this to come into the City with this sort of
give and take on everyone's side, we can't possibly be hurt."
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of July 8, 1974, be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Heckscher, seconded by Councilman Sweeney
and unanimously carried that all ordinances and resolutions be read by
title only.
SPECIAL, PRESENTATION - ORANGE COUNTY HEALTH DEPARTMENT -
S0UTH COUNTY AI71 A_IAL STiF:_ ITER S I'i'E
Dr. W. H. Dieterich, Director, Orange County Veterinary Public Health
Division, addressed the Council to discuss the County's proposed plans
for an animal ,.h el ter :::^ility in the City. Lr. Dieterich made a :;lido
presentation or t?ie County's existing shelter and discussed such site
acquisition i.tolis ns accessibility, convenience,.environmental considera-
tions and cost. A South County Site Selection Report was presented
to the Council. Mayor Byrnes indicated that the City Council had gone
on record on May 28, 1971, in opposition to an animal shelter facility
site on the parcel of Iand immediately north of Junipero Serra Road
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1704 Plil'16SFTD (,!i E)1.31ENT ION CAMiNO Ci,PISTI_ANO 4T1tiil;l' I1ihT�OVt:P11�Yfv
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Council received copies of an A,rcemont with Leona Fitzpatrick
for future street i_mprovemenLs in conjunction with the construction
of a commercial establishment at 32072 Camino Capistrano. A $5,000
bond has been posted. This matter was ordered held over to the
meeting of August 7, 1974, for review by the City Attorney.
5. EXTENTSION OF AGREEMENT WITH COUNTY HEALTH DEPARTMENT -
VECTOR CONTPOL
RESOLUTION NO. 74-7-17-1: RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO APPROVING AGREEMENT FOR VEU70R CONTROL
BY THE COUNTY OF ORANGE.
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried that Resolution No. 74-7-17-1
be adopted. The Resolution extends the Agreement with the
Orange County Health Department for vector control to December 31,1 J
1974.
6. AGREEMENT FOR LANDSCAPE MAINTENANCE - LONG PARK PARKWAY
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried to approve the agreement for
landscape maintenance services with Wilkinson Landscape Maintenance
Company for Long Park Parkway at a cost of $350 per month,
to authorize and direct the Mayor to execute the agreement on
behalf of the City and the City Clerk to attest thereto.
7. AGREEMENT FOR APPRAISAL SERVICES
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried that the proposal from General
Appraisal to establish insurable values, cost and depreciation
records of buildings and equipment be approved provided that a
limitation on costs be established. The Director of Finance
reported that the maximum cost for this service would be $4,100.
Council directed that staff discuss the possibility of appraisal
services for Water District No. 4.
ORDINANCES
1. ORDINANCE NO. 268: PROVIDING FOR THE ADOPTION BY REFERENCE
OF THE UNIFORM BUILDING AND HOUSING CODES OF THE COUNTY OF
ORANGE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPIS'TRANO
ADOPTING BY REFERENCE ORDINANCE NO. 2742 OF THE COUNTY OF
ORANGE AND REPEALING THOSE PORTIONS OF CITY ORDINANCES NO.
179 AND 186 IN CONFLICT THEREWITIi was read by title by the
Ci.ty Attorney.
Council discussed possible local amendments to the Building and
Housing Codes.
RECESS AND RECONVENE
Council recessed at 8:50 P.M. and reconvened at 9:05 P.M. for
continued discussion of Ordinance No. 268. i
Mr. Naffziger of the County Department of Building and Safety
addressed the Council to recommend adoption of the Ordinance
and pointed out the most significant changes in the Code, i.e.,
the requirements for fire detection alarm systems, more stringent
lateral bracing requirements, and the requirements for insulation
and sound insulation in single family dwellings and apartments.
ORDINANCE NO. 268: PROVIDING FOR THE ADOPTION BY REFERENCE OF
THE UNIFORM BUILDING AND IIOUSING CODES OF THE COUNTY OF ORANGE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO. CALIFORNIA,
ADOPTING BY REFERENCE ORDINANCE NO. 2742 OF THE COUNTY OF ORANGE
AND REPEALING THOSE PORTIONS OF CITY ORDINANCES NO. 179 AND 186
IN CONFLICT TIIEREWITII AND AMENDING CHAPTER 2, SECTION 201 (a)
AND (b) OF SAID ORDINANCE NO. 2742 TO PROVIDE AUTHORITY FOR
INSPECTIONS BY THE 11EAL'I'jI OFFICER was read by title, by the City
A1, tor•nev.
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It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that Ordinance No. 268 be
introduced as amended.
2. ORDINANCE NO. 269: PROVIDING FOR TILE ADOPTION OF THE 1973
EDITION OF THE PLUMBING CODE - AN ORDINANCE OF TIIE CITY OF SAN
JUAN CAPISTRANO ADOPTING BY REFERENCE ORDINANCE NO. 2743 OF THE
COUNTY OF ORANGE AND REPEALING CITY ORDINANCE NO. 178 was read
by title by the City Attorney.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that Ordinance No. 269 be
introduced.
3. ORDINANCE NO. 270: PROVIDING FOR TIIE ADOPTION OF THE UNIFORM
MECHANICAL CODE, 1973 EDITION - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO ADOPTING BY REFERENCE ORDINANCE NO. 2739
OF TIIE COUNTY OF ORANGE AND REPEALING CITY ORDINANCE NO. 186
was read by title by the City Attorney.
It was moved by Councilman weathers, seconded by Councilman Nash
and unanimously carried that Ordinance No. 270 be introduced.
4. ORDINANCE NO. 271: PROVIDING FOR THE ADOPTION OF TIIE NA`PIONAL
ELECTRIC CODE BY REFERENCE - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO ADOPTING BY REFERENCE ORDINANCE NO. 2638 OF THE
COUNTY OF ORANGE AND REPEALING CITY ORDINANCE NO. 176 was read by
title by the City Attorney.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that Ordinance No. 271 be
introduced.
5. ORDINANCE NO. 272: PROVIDING FOR THE ADOPTION OF CERTAIN
AMENDMENTS TO THE 1971 NATIONAL ELECTRIC CODE RELATING TO
GROUNDING -TYPE RECEPTACLES AND PROTECTION - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO ADOPTING BY REFERENCE
ORDINANCE NO. 2760 OF THE COUNTY OF ORANGE .AND REPEALING CITY
ORDINANCE NO. 176 was read by title by the City Attorney.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that Ordinance No. 272 be
introduced.
Mayor Byrnes directed that Public Hearings on the above
Ordinances be scheduled for the Regular Council Meeting of
August 7, 1974.
It was moved by Councilman Nash, seconded by Councilman Heckscher
and unanimously carried to direct the City staff to compile a
list of items for possible incorporation into the above Ordinances,
Nos. 269 through 272.of local conditions for strengthening the
Codes relating to residential or commercial structures. The
public at large is invited to submit suggestions. Council directed
that this matter be placed on a September Council Agenda for
consideration.
RESOLUTIONS
1. RESOLUTION NO. 74-7-17-2: RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO URGING TIIE LEGISLATURE OF THE STATE
OF CALIFORNIA TO ADOPT LEGISLATION FOR THE HOLDING OF A SPECIAL
ELECTION FOR THE ELECTION OF A MEMBER OF THE BOARD OF SUPERVISORS
TOR THE I'IFTH SUPERVISORIAL DISTRICT OF THE COUNTY OF ORANGE'.
It was moved by Councilman Weathers and seconded by Councilman
Sweeney that Resolution No. 74-7-17-2 be adopted. The motion
carried by the following vote:
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AYES: Councilmon Sweeney, Weathers, Nash and
M:Iyor Byrnes
NOES: Councilman Heckscher
ABSENT: None
Copies of the Resolution are to be forwarded to Governor Reagan,
Senator Carpenter, Assemblyman Badham, the Board of Supervisors,
and to the Cities of the Fifth Supervisorial district.
SUBDIVISIONS, ANNEXATIONS
1. FINAL. TRACT MAP 8593 (WESTPORT
It was moved by Councilman Weathers and seconded by Councilman
Sweeney to accept the Final Tract Map 8593 (Westport Homebuilders),
Credit Instrument, Air Navigation Easement, Easement Deeds,
Drainage Agreement, and fees and to authorize the execution of
the Public Improvement Agreement and Tract Map subject to the
acceptance of the tree replacement payment. The fee schedule is
to be corrected to show that the tree in lieu fee is $20,000
rather than $16,500, bringing the total amount of fees to
$71,617.50. The motion carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Heckscher and
Mayor Byrnes
NOES: Councilman Nash
ABSENT: None
2. FINAL TRACT MAP 5996 (CUNNINGHAM)
Council received copies of a letter and petition from Mrs. Olive
Evinger, Capistrano Haciendas, protesting the construction of
2 -story homes and the density of the Cunningham Development,
This matter was referred to the Director of Planning for report
back to the City Council.
CONSENT ITEMS
1. SLOPE AND EASEMENT DEEDS - DEL OBISPO AND ALIPAZ STREETS
(SWAN RECREATIOILIL VEHICLE PARK) LUP 72 3*. and DOL -
It was moved by Councilman Weathers; seconded by Councilman Sweeney
to accept the Easement Deeds for the dedication of slope easements
along Del Obispo Street and access rights along Del Obispo Street
and 200 feet along Alipaz Street from Swan Recreational Vehicle
Park in conjunction with LUP 72-121 and DOL 7471. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Weathers and Mayor Byrnes
NOES: Councilmen Nash and Heckscher
ABSENT: None
This matter was referred to the Planning Director for a report
back to the City Council on August 7, 1974, regarding the
construction time table of the above project.
COMMISSIONS, BOARDS, COMMITTEES
1. ARCHITECTURAL BOrRD OF REVIEW
Council received copies of a report of the status of the
Architeotural Board of Review from the Director of Planning.
There is one vacant position on the Board. It was moved by
Councilman Heck cher and seconded by Councilm�in Nash that the
existi.n; members of the Board be invited to resign. The motion
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and second were withdrawn. After discussion, it was moved by
Councilman llockscher and seconded by Councilman Nash that th(_
Wmuers of the existing Architcc't111"al Board of Review be invited
,,) resign and that the City Council consider the appointment of
new members to that Board. The motion carried by the following
vote:
AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes
NOES: Councilman Weathers
ABSENT: None
2. COMMUNITY CENTER COMMITTEE
Councilman Sweeney gave an oral progress report on the Committee's
consideration of possible sites for the Community Center, including
the Los Rios area, the medical center and the old high school site.
Discussion continued of the possible inclusion of other sites.
3. ENVIRONMENTAL REVIEW BOARD - PRIMA DESHECHA EIR
Council received copies of a report from the Planning Director
regarding the request from the Orange County Road Department for
a recommendation of an acceptable access route to serve the
proposed Prima Deshecha disposal site. It was moved by Councilman
Weathers, seconded by Councilman Heckscher and unanimously carried
to request the Orange County Road Department to initiate an
Environmental Impact Report for the use of Avenida Pico as the
access route to the proposed disposal site.
PLANNING COMMISSION
1. Council received the Report of Planning Commission Actions for
'lie meeting of July 2, 1974, for information.
2. LAND USE PERMIT ON ALIPAZ STREET
Council received a report from the Planning Director recommending
that the request from the Planning Commission for a Land Use
Permit on Alipaz Street be exempted from the deferral period and
that the fee for filing the permit be waived. The Planning
Commission desires to broaden the scope of the project so that
development on the small adjacent parcels may be coordinated.
RESOLUTION NO. 74-7-17-3: RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO EXENIPTING CONDITIONAL USE PERMIT
NO. 74-1 FROM THE DEFERRAL PERIOD AND WAIVING FILING FEE
THEREON
It was moved by Councilman Weathers; seconded by Councilman
Heckscher that Resolution No. 74-7-17-3 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Heckscher and
Mayor Byrnes
NOES: Councilman Nash
ABSENT: None
3. OFF-SITE DIRECTIONAL SIGNS FOR SUBDIVISIONS -URGENCY ORDINANCE 273
Council considered an item from the Planning Commission requesting
a deferral of applications for both on-site and off-site subdivision
signs. Council members expressed the opinion that off-site signs
are not necessary for the sales of homes and that their presence is
not in the best interests of the community; on-site subdivision sign;
should be allowed as other commercial establishments are allowed
on-site signs.
ORDINANCE NO. 273: RELATING TO OFF-SITE, SUBDIVISION SIGNS
AN Ol.DiNANCE OF '!'HE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
DEFERRING THE ACCEPTANCE AND PROCESSING OF OFF-SITE TE11PORARY
(DIRECTIONAL.) SIGNS.
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It: was mored by Couircilman Ilet;ksciier and secondod by Councilman
Nash to adopt Orditoineo No. 273 as an tirgoncy matter. Tho motion
carried by the-followinh vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Byrnes
NOES: Councilman Weathers
ABSENT: None
The City Attorney will prepare the Ordinance,
4. SUBDIVISION DISPLAY FLAGS - APPEAL OF PLANNING COMMISSION ACTION
Council received copies of letters from U.S. Development Corpora-
tion, Pacesetter Homes Inc., Westport Development Company and
Leadership Housing appealing the decision of the Planning Commissic
that applications for advertising display flags not be approved;
and, that when existing permits expire they not be renewed. It
was moved by Councilman Weathers and seconded by Councilman
Heckscher that the Planning Commission be directed to review such
flags on an individual basis. The motion carried by the following
vote: I
AYES: Councilmen Sweeney, Weathers, Heckscher and
Mayor Byrnes
NOES: Councilman Nash
ABSENT: None
5. GLENDALE FEDERAL - SUMMARY REPORT
Council received copies of a summary of a presentation by Walter
Richardson Associates at the Planning Commission meeting of May 7,
1974, for information. The appointment of a committee to assist
in resolving differences between the City and Glendale Federal was
requested by WRA. Council took no action on the request.
WARRANTY COMMITTEE
Councilman Sweeney reported that the Warranty Committee is in the
process of contacting major insurance companies regarding the proposed
home warranty program.
ADMINISTRATIVE ITEMS
CITY ATTORNEY
The City Attorney reported that the possible prosecution of a violation
of the Zoning Ordinance will be referred to the District Attorney, it
was moved by Councilman Weathers, seconded by Conneilman Heckscher and
unanimously carried to authorize the City Attorney to prosecute this
violation if the District Attorney does not, —
DIRECTOR OF FINANCE
2.
STAFF REPORT FOR JUNE, 1974
The Finance Director's Report for June, 1974, was received for
information.
REPORT OF 1911 ACT DEI,INOUENCIES
The City Treasurer's Report of 1911 Act Delinquencies as of
July 5, 1974, was .received for information,
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3. APPROVAL 01' WARRANTS
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried to approve the List of Demands
dated July 17, 1974, Warrants Nos. 3687 through 3756.
DIRECTOR OF PLANNING
i. STAFF REPORT
Council received the Staff Report for June, 1974, for information.
2. REQUEST FOR TEMPORARY BANK FACILITY (OLSEN)
Mayor Byrnes excused himself from the Council meeting since he
has a financial interest in the bank facility and Mayor pro tem
Weathers assumed the chair.
Council received copies of a request from Roland Olsen for per-
mission to place a temporary bank facility on Del Obispo Street
adjoining the Twin Winton Ceramic Buildings and copies of a letter
in favor of the facility from Herbert Stroschein, owner of the
property in question.
Mr. Roland Olsen and Mr. Donald Douglas, Jr., addressed the
Council in favor of allowing the temporary facility.
It was moved by Councilman Nash and seconded by Councilman
Heckscher to establish a policy determination that temporary
structures shall not be used in conjunction with commercial
project development. The motion carried by the following vote:
AYES:- Councilmen Sweeney, Nash and Heckscher
NOES: Councilman Weathers
ABSENT: Mayor Byrnes
Mayor Byrnes then returned to the Council Chamber and resumed the
chair,
DIRECTOR OF PUBLIC WORKS
1. STAFF REPORT
The Public Works Director's Monthly Departmental Report was
refceived for information.
2. BILL OF SALE - UNDERGROUND CONDUIT SYSTEM (PACIFIC TELEPHONE CO.
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried to approve the Bill of Sale to Pacific
Telephone Company of the telephone conduit system located in
Alipaz Street south of Del Obispo, to authorize the Mayor to
execute the Bill of Sale on behalf of the City, and the City
Clerk to attest thereto.
COUiVCIL REMARKS
1. Mayor Byrnes requested a staff report regarding the status of
the El Nido Mobile Home Park, LUP 68-109.
2. HISTO RTCAL PRESERVATION
It was moved by Councilman Nash, seconded
and unanimously carried that the Planning
to provide Council with a critique of the
Report on the Los Rios area evaluating the
recommendations made.
by Councilman Heckscher
Department be directed
Town Hall =association
merit of the
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3. HEC)ITE T Fo!? CREATION OP DISTRICT COURT F'ACII.ITY
RESOLUTION NO. 7,5-7-17-4: A RESOLUTION OF TRE CITY COUNCIL OF
TUE CITY OF' SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING TTIE
CREATION Oh' A UNITIsT) STATES DISTRICP COURTROOM FACILITY IN
SANTA ANA, CALI1'ORNIA
It was moved by Councilman Heckscher, seconded by Cnincilman
Weathers and unanimously carried to adopt Resolution No. 74-7-17-4.
4. LITIGATION - FAIR LABOR STANDARDS ACT'(SALARIES AND WORKING
CONDITIONS FOD PT .1s'PIGiffR- s -T-
It was moved by Councilman Sweeney and seconded by Councilman
Weathers to approve the payment of $200 to the League of California
Cities as this City's contribution towards the litigation of the
constitutionality of the ability of Congress to determine salaries
and working conditions for State and local employees. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Nash and Mayor Byrnes
NOES: Councilman Heckscher
ABSENT: None
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:25 A.M., July 18, 1974, to the next regular meeting date
of August 7, 1974, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
APPROVED:
R)Y L. M..,, Mayor
MARY 17 HANOVER, City Clerk
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