7409-04_CC_Minutes_Regular MeetingSEPTEMBER 4, 1974
REGULAR A1EETING OF THE 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
Councilman John B. Sweeney.
ROLL CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor
James K. Weathers, Mayor pro tem
Councilman Yvon 0. 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/City
Engineer; James Okazaki, City Attorney; John O'Sullivan, Director
of Administrative -Services; David Smith, Director of Planning;
Mary Ann Hanover, City Clerk.
MINUTES
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried that the Minutes of the Meeting of August 21,
1974, be approved as submitted. At the request of Councilman Nash,
Mayor Byrnes ordered the insertion of the following words at the
beginning of Item 5, Page 8: "At Councilman Nash's suggestion, . . ."
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried that the Minutes of the Meeting of August 24,
1974, be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Nash, seconded by Councilman Weathers and
unanimously carried that all ordinances and resolutions be read by
title only.
BIDS. CONTRACTS, AGREEMENTS
1. PROPOSED AGREEMENT WITH F. B. COOK CORPORATION FOR
SANITARY SEWER LINE MAINTENANCE
It was moved by Councilman Weathers, seconded by Councilman
Nash and unanimously carried to approve the revised and corrected
Agreement between the City and F. B. Cook Corporation for
maintenance and emergency services for City sewer lines and force
mains, to authorize the Mayor to execute the Agreement on behalf
of the City and the City Clerk to attest thereto. The Agreement
terminates June 30, 1975.
2. AUTHORIZATION TO PURCHASE 4 -WHEEL DRIVE VEHICLE
RESOLUTION NO. 74-9-4-1: AUTHORIZING PURCHASE OF FOUR-WHEEL
DRIVE VEHICLE - A RESOLUTIONI IL OF THE CITY OF
SAN JUAN ISTRANO, CALIFORNIA, AUTHORIZING THE PURCHASE OF A
FOUR-WHEEL DRIVE VEHICLE AND THE BUDGETARY ADJUSTMENTS REQUIRED
THEREBY
It was moved by Councilman Weathers, seconded by Councilman
Nash and unanimously carried that Resolution No. 74-9-4-1 be
adopted. The Resolution authorizes purchase of a 1974 nine
passenger 1/2 -ton GMC 4 -wheel drive truck from Allen Oldsmobile
for $6,784, including tax, and increases the budget for said
vehicle to $6,800.
-1- 9/4/74
A
3, COMPREHENSIVE EMPLOYMENT AND TRAINING ACT (CLIA) -
CONTRACf 1ti ITH OR NGF-: COiJNTY FOR FUNDING
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried to authorize the City Manager
to enter into a contract with Orange County for participation
in CETA.
PUBLIC HEARINGS
1. PROPOSED AMENDMENT TO ZONING ORDINANCE - NOTICE TO AFFECTED
PROPERTY OWNERS, RZ 74-2-T
Notice having been given as required by law, Mayor Byrnes
declared the Public Hearing open and inquired if anyone in the
audience wished to addressed the Council regarding the proposed
repeal of Section 6.01.4C of Ordinance No. 115, which provides
that notice of hearing relating to land use permits and zone
changes be mailed to all persons owning property within 300
feet of the affected property. Mrs. Marilyn Williams and
Mr. Lawrence Dellota addressed the Council in opposition to
the discontinuance of notice. It was moved by Councilman
Sweeney; seconded by Councilman Weathers to introduce the
proposed Ordinance, as follows:'
DELETING REQUIREMENT FOR NOTICE TO NEIGHBORING LANDOWNERS OF
PUBLIC HEARINGS FOR ZONE CHANGES - AN ORDINANCE OF THE CITY
OF SAN JUAN C_APISTRANO REPEALING SECTION 6.01.4C OF ORDINANCE
NO. 115. There was no vote on the matter.
Mayor Byrnes declared the Hearing closed with the right to
re -open at any time; Council discussed the costs involved in
mailing notices to property owners.
It was moved by Councilman Heckscher; seconded by Councilman
Nash that the proposed amendment to the zoning ordinance be
tabled. The motion carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Heckscher and
Nash
NOES: Mayor Byrnes
ABSENT: None
Planning Director Smith was directed to obtain cost estimates of
mailing notices to all property owners in the City, whether by
regular mail, certified mail or registered mail.
2. HEARING DATE - WEED ABATEMENT CHARGES
Mayor Byrnes directed that the Public Hearing on 1974 Weed
Abatement Charges be held at the meeting of September 18, 1974.
ORAL. COMMUNICATIONS
1. DEL OBISPO STREET MEDIAN STRIP
Council received copies of letters regarding the proposed solid
divider on Del Obispo :street between Camino Capistrano and the
railroad tracks from Rupert Hartmann, President, Chamber of
Commerce; Paul Hunter, M.xnager, Southern California First National
Bank; and Mrs. Marilyn Williams, Vice -President, La Tienda de
Papel. Mrs. Williams addressed the Council to request a deferral
of a decision on a permanent median in order to allow time for
consideration of alternative traffic flow proposals to and from
E1 Adobe Center. The Director of Public Works will provide a
preliminary report on the matter.
-2- 9/4/74
ORDINANCES
1. ESTABLISHING THE CITY OF SAN JUAN CAPISTRANO AS A BIRD SANCTUARY
Mayor Byrnes acknowledged receipt of a letter from Captain John
Ogle suggesting postponement of adoption of the Ordinance or
modification to exempt private homes from the provisions of the
Ordinance.
ORDINANCE NO. 276: ESTABLISIING THE CITY OF SAN JUAN CAPISTRANO
AS A BIRD SANCTUARY
WN-MR-D—MARCE OF THE CITY OF SAN JUAN CAPISTRANq CALIFORNIA,
PROTECTING BIRDS AND THEIR HABITAT was read by title by the
City Attorney. After discussion of enforcement problems and
the need for citizen cooperation,
it was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried to adopt Ordinance No. 276 as submitted.
Mrs. Minnie Surles addressed the Council and read a letter dated
May 29, 1970, regarding the Santa Ana bird sanctuary ordinance.
2. ORDINANCE NO. 277: PROVIDING FOR THE CELEBRATION OF THE ANNUAL
DIOS A LAS GOLONDRINAS Y FIESTA DE LOS RTES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO GRANTING A
FRANCHISE TO THE SAN JUAN CAPISTRANO CHAMBER OF COMMERCE was
read by title by the City Attorney.
i
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that Ordinance No. 277 be
introduced.
3. ORDINANCE NO. 278: RELATING TO NOISE CONTROL
79 ORDINANCE OF THE CITY OFSAN jUC ISTR 0, CALIFORNIA,
CONTROLLING UNNECESSARY, EXCESSIVE AND ANNOYING SOUNDS AND
REPEALING ORDINANCE NO. 216 was read by title by the City
Attorney.
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried that Ordinance No. 278 be
introduced.
After discussion of noise levels and technical wordage, it was
moved by Councilman Nash, seconded by Mayor Byrnes and unani-
mously carried that the previous motion be amended to include
provision for a statement or attachment to the Ordinance which
would define noise levels in lay language.
The Ordinance provides for an agreement for enforcement by the
County Health Officer at a charge of $500 per year.
RESOLUTIONS
1. RESOLUTION NO. 74-9-4-2: ESTABLISHING MOBILEHOME FEES
T -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING FEES FOR MOBILEHOME
INSTALLATION PERMITS AND INSPECTIONS
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried that Resolution No. 74-9-4-2
be adopted.
The Resolution directs the Orange County Department of Building
and Safety to assume responsibility for internal inspection of
mobilehomes and sets forth the schedule of fees therefor.
SUBDIVISION - FINAL TRACT MAP 8129 (PORTION OF TENTATIVE TRACT
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried to accept the Final Tract Map 8129, bonds and
-3- 9/4/74
fees and to authorize the execution of the Public Improvement
Agreement and Tract Map.
The developer has furnished the bonds to cover labor, material,
performance and monuments; agreements for public sewers; and, a check
in payment of fees for construction inspection, sewers, drainage, and
park and recreation charges.
CONSENT ITEMS
It was moved by Councilman Weathers, seconded by Councilman Nash
and unanimously carried to accept the staff recommendations with
regard to the following matters:
1. REOUEST TO CONDUCT CANDY SALE ORANGE COUNTY COUNCIL OF
CAMP FIRE GIRLS
The .request of the Camp Fire Girls to conduct a candy sale in the
City from January 16, 1975,to February 3, 1975, is approved
conditioned upon receipt of a completed application form. The
sales will be door-to-door in residential areas and in downtown
booths.
2. REQUEST FOR PROCLAMATION OF CONSTITUTION WEEK
The request of the Santa Ana Chapter of the Daughters of the
American Revolution that the week of Septmber 17 through 23, 1974,
be proclaimed as Constitution Week in the City is approved.
3. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES
Council received copies of the City Treasurer's Report of 1911
Act Delinquencies as of September 1, 1974, for information.
RECESS AND RECONVENE
Council recessed at 8:25 P.M. and reconvened at 8:40 P.M.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. PROPOSED AFFILIATION WITH ORCO STATE EMPLOYEES CREDIT UNION
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to authorize the Mayor to sign
a letter addressed to Nr. Jim Harris, Manager, ORCO State
Employees Federal Credit Union, making formal application for
affiliation with their organization.
DIRECTOR OF PLANNING
1. APPEAL RE OFF-SITE DIRECTIONAL SIGN FOR VILLAGE SAN
Council received copies of a letter dated August 14, 1974, from
Carter Industries, Inc., leasing agents for U. S. Development
Corp., filing an appeal of Ordinance No. 273 which deferred the
acceptance and processing of off-site temporary (directional)
subdivision signs. The appeal is in connection with a sign
located at Del Obispo and Aguacate.
It was moved by Councilman Sweeney and seconded by Councilman
Weathers to grant the appeal of U. S. Development Corp. The
motion carried by the following vote:
AYES: Councilmen Sweeney, Weathers and Mayor Byrnes
NOES: Councilmen Nash and Heckscher
ABSENT: None
-4-
9/4/74
2. CRITIQUE OF TOWN HALL ASSOCIATION REPORT ON LOS RIGS 9 9
Council received copies of the Planning Director's Critique
of the Town Hall Association Report Regarding Los Rios
Preservation dated August 2, 1974, for review.
It was moved by Councilman Nash, seconded by Councilman Heckscher
and unanimously carried that the following items, which are to
be agendized at a later date, be accepted and implemented:
(1) An ordinance be adopted to the effect that no permits for
either construction, demolition, or renovation shall be
issued for any use or alteration to the land or improve-
ments within the subject area unless specifically approved
by the City Council.
(2) A Resolution be adopted declaring the area under question as
an area vital to the historic and cultural heritage of the
City and that City staff should be aware of this as they
review programs and research ideas for the promtion of same.
(3) That the City Council acknowledge that studies for develop-
ment of precise plans for the area will not be assigned
until fiscal year 1975-76.
Possible establishment of a committee to review proposals and
make recommendations for future utilization of the area was
discussed.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. REQUEST FOR LANDSCAPE MAINTENANCE - ALTO CAPISTRANO
Council received copies of a letter from the Board of Firectors
of the Alto Capistrano Homeowners ;ssocation requesting mainte-
nance of plantings along Camino de Las Ramblas from California
Street to de Agua and along California Street from Las Ramblas
to Calle Bienvenido. It was the consensus of the Council to
accept the west parkway of Las Ramblas within City rights-of-way
for maintenance and to direct the Director of Public Works to
investigate possible methods for the maintenance of the additional
areas.
2. EMERGENCY GENERATOR - APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS
Council received copies of the specifications, proposed call for
bids, and report from the Public Works Director with regard to
the acquisition of a diesel engine generator set in compliance
with the Emergency Preparedness Program. The unit would provide
full power for all operations within the City Hall site.
It was noted by Councilman Sweeney that these generators are
available as government surplus and efforts should be made to
obtain a U.S, government surplus generator in view of the costs.
It was moved by Councilman Weathers, seconded by Councilman Nash
and unanimously carried to approve the specifications and to
authorize the Director of Public Works to obtain proposals for
an.emergency generator set.
3. REQUEST FOR STREET CLOSURE - CALLE RESPLENDOR
Council received copies of a request from the Board of Directors
of Casitas Capistrano Homeowners Association No. II for
consideration of the closure of Calle Resplendor at the east
boundary of the Casitas in order to reduce traffic and safety
hazards. Mayor Byrnes directed that this matter be referred to
the Traffic and Transpo^tation Committee for study and recom-
mendation back to the Council.
4. DEL OBISPO STREET MEDIAN STRIP
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried that this item, previously
discussed under Oral Communications, be referred to the Traffic
and Transportation Committee and that the present traffic patterns
remain uninterrupted until such time as the Committee comes back
to the Council with a recommendation.
-5- 9/4/74
200
5, BUDGET REVISION - S.E.R.R.A,PROJECT COMITTEE• NO. 5
OCEAN OUTFALL
RESOLUTION NO, 74-9-4-3: APPROVING SERRA BUDGET
A RESOLUTION OF THE CITY COUNCIL OF TIIE_CVrY OF SAN JUAN
CAPISTRANO APPROVING A NEIY PLANNING BUDGET FOR THE SOUTH EAST
REGIONAL RECLAMATION AUTHORITY (SERRA) PROJECT COMMITTEE NO. 5,
OCEAN OUTFALL
It was moved by Councilman Sweeney, seconded by Councilman
Weathers and unanimously carried that Resolution No. 74-9-4-3
be adopted. The Resolution approves the revised budget for
Project Committee No. 5 in the amount of $196,330 on the basis
that the percentage of San Juan Capistrano's financial commitment
will be reduced to 12.90, which will reflect a refund of $4,431
from previously committed funds to the City.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to direct the Director of Public
{Yorks to outline and re-evaluate this City's participation in
SERRA.
6. DRAINAGE PROBLEM - TROY HOMES/HARBOR LANE HOMES
Council received copies of a memorandum from Councilman Nash
requesting partial funding and administration of a corrective
project to remove deficiences in slope and fence stability along
the boundary between Harbor Lane Homes (Tract 7561) and Troy
Homes (Tract 6969).
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to authorize the Director of
Public Works to implement the corrective project and to obligate
the City to participate to the extent of one-half of the total
contracted cost of construction; the other one-half of the costs
shall be paid for (in advance) by the property owners on the
basis of individual lot length,
COMMISSIONS, BOARDS, COMMITTEES
ARCHITECTURAL BOARD OF REVIEW
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried that the following persons be appointed
as members of the Architectural Board of Review:
1. Michael Imlay
2. Fran Frost
3. Jack Becker
4. Richard Wyndhamsmith
5. George Riley
2. PLANNING COMMISSION
a. APPEAL OF COMMISSION ACTION RE DISPLAY FLAGS -
PACESETTER HOMES
Council received copies of a letter from Pacesetter Homes,
Inc., appealing the Planning Commission's decision of
August 6, 1974, in denying the extension of the permit for
display flags in Tracts 6742 and 7112. It was moved by
Councilman Heckscher; seconded by Councilman Nash to uphold
the action of the Planning Commission in denying the appeal.
The motion carried by the following vote:
-6-
9/4/74
201
AYES: Councilmen Nash, Heckscher and Mayor Byrnes
NOES: Councilmen Sweeney and Weathers
ABSENT: None
b. APPEAL OF COMMISSION ACTION RE DISPLAY FLAGS -
VILLAGE SAN JUAN (U.S. DEVELOPMENT
Council received copies of a letter from U. S. Development
Corporation appealing the Planning Commission's decision
of August 6, 1974, in denying the extension of the permit.
for display flags at the intersection of Village Road and
Rancho Viejo Road for Village San Juan. It was moved by
Councilman Nash; seconded by Councilman Heckscher to uphold
the action of the Planning Commission in denying the appeal.
The motion failed by the following vote:
AYES: Councilmen Nash and Heckscher
NOES: Councilmen Sweeney, Weathers and
Mayor Byrnes
ABSENT: None
c. APPEAL OF COMMISSION ACTION RE PATIO -
92 C LLE DEL C MPO KRISTOFFERSEN
Council received copies of a letter from Dan R. Kristoffersen
appealing the Planning Commission's decision of August 6,
1974, in denying approval of an aluminum patio room addition
and directing that the structure must be removed. It was
moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried that Mr. Kristoffersen be allowed
to retain the patio and that it be painted a color in
compliance with findings of the Architectural Board of
Review.
COUNCIL REMARKS
2.
H
PROPOSED JOINT MEETING WITH SAN CLEMENTE CITY COUNCIL -
PRIMA DESHECHA RECREATIONXI)ISPOSALSITE
Mayor Byrnes advised that he and Councilman Sweeney had met with
County representatives and San Clemente City officials regarding
access routes for the Prima Deshecha disposal site. A joint
meeting between the two City Councils is scheduled for September
25, 1974, so that County officials may make a presentation to
both Councils. The City Manager is to provide Council with any
possible information regarding airport and recreational vehicle
facilities at the site.
CAPISTRANO VALLEY GENERAL
Planning Director Smith advised Council
Planning Commission will hold a Public
on the second amendment to the General
and the Capistrano Valley.
GIFTS TO THE CITY
that the Orange County
Hearing on September 16th
Plan for South Laguna
Councilman Heckscher presented an official mat for wrist
wrestling which he had received while visiting the City of
Petaluma.
PROPOSED LAND TRUST
The City Attorney was directed to provide Council members with
any legal background available regarding a proposed agricultural
land trust.
-7- 9/4/74
5. PETITION RE CONSTRUCTION DEVELOPMENT ABOVE VIEWPOINTE HOMES
Mayor Byrnes directed that the Petition received from the
Alto Capistrano homeowners Association be placed on the
September 18th Council Agenda and that the Traffic and
Transportation Committee provide specifie'recommendations for+
solving the traffic problems on Vie de Agua.
APPROVAL OF WARRANTS
It was moved by Councilman Weathers, seconded by Councilman Nash
and unanimously carried to approve the List of Demands dated
September 4, 1974, Warrants Nos. 3908 through 3960, inclusive, and
Warrant No. 0137, 1911 Act Account.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 10:38 P.M. to the next meeting date of Wednesday,
September 18, 1974, at 7:00 P.M in the City Council Chamber.
Respectfully submitted,
APPROVED:
P�
I ---
ROYL. ,
M.D.,
MAYOR
IM
9/4/74