74-1218_CC_Minutes_Regular MeetingX65
DECEMBER 18, 1974
REGULAR MEETING OF THE CITY COUNCIL, CITY OF SAN JUAN CAPISTRANO
The Regular Meeting of the City Council was called to order by
Mayor Byrnes at 7:03 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by
James K. Weathers.
:%LL CALL:- COUNCILMEN PRESENT: 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: William Murphy, Public Works Director/City Engineer;
George Madsen, Sr. Project Engineer; David J. Smith, Director of
Planning; Carl Neuhausen, Planning Consultant; James Okazaki, City
Attorney; Mary Ann Hanover, City Clerk.
Mayor Byrnes welcomed Mr. Pat Levens and several of his students
from the 9th grade class of "Survey of Social Science" at Dana
Hills High School.
MINUTES
It was moved by Councilman Nash, seconded by Councilman Weathers
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of December 3, 1974, be approved as submitted.
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried that the Minutes of the Regular Meeting
of December 4, 1974, be approved as amended, i.e., Page 4, under
the item entitled "Transportation Steering Committee Report," the
first sentence is to read: "Councilman Nash reported that the
Southeast Orange County Circulation Study Steering Committee has
adopted goals and policies and received preliminary versions of
several circulation plans."
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried that all ordinances and resolutions be
read by title only.
BIDS, CONTRACTS, AGREEMENTS
1. IRRIGATI
- AWARD OF
Council received copies of a memorandum from the Director of
Public Works dated December 18, 1974, regarding the result of
bids opened on December 10, 1974 for the Trabuco Creek Channel
Irrigation and Planting Plan. It was moved by Councilman
Sweeney, seconded by Councilman Weathers and unanimously carried
to award the contract to the low bidder, R.K. Johnson Landscaping,
in the amount of $1,920.20, to authorize the Mayor to execute
the contract on behalf of the City, and to reject all other bids.
The Public Works Director was requested to provide Council
with preliminary engineering cost estimates with a:l future bid
reports.
-1- 12/18/74
2. PUBLIC WORKS VEHICLES - AWARD OF BIDS
Council received copies of memoranda dated December 18, 19740
from the Administrative Assistant, regarding the results of
bids opened on November 22, 1974, for the following Public
Works vehicles:
(1) Two One -ton Flat Bed Trucks.
It was moved by Councilman Heckscher, seconded by Council-
man Weathers and unanimously carried to accept the low
qualifying bid in the amount of $11,936.02 ($5,968.01 each)
for two 1975 model one -ton flat bed trucks from Tom Ayres
Chevrolet and to reject all other bids.
(2) One 1/2 ton Pick-up Truck.
It was moved by Councilman Heckscher, seconded by Council-
man Weathers and unanimously carried to accept the low
qualifying bid in the amount of $4,192.50 for one 1975
model 1/2 ton pick-up truck from Allen Oldsmobile -Cadillac,
Inc., and to reject all other bids.
(3) One Compact Pick-up Truck.
It was moved by Councilman Heckscher, seconded by Council-
man Weathers and unanimously carried to accept the low
bid in the amount of $3,068.36 for one 1974 model compact
pick-up truck equipped with 4 -speed transmission in the
amount of $3,068.36 from Tom Stamp Ford and to reject all
other bids.
(4) Two Compact 2 -door Sedans.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to accept the low qualifying
bid in the amount of $5,811.18 ($2,905.59 each) for two
1974 Chevrolet Vegas from Tom Ayres Chevrolet, and to
reject all other bids.
3. PUBLIC WORKS VEHICLES - APPROVAL OF SPECIFICATIONS
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to approve the specifications
as submitted for one (1) tilt cab and chassis, 22,000 G.V.W.,
and one (1) hydraulic boom loader, as authorized within the
1974-75 fiscal budget, and to authorize a call for bids.
Councilman Heckscher requested a summary of the vehicle's pro-
posed use.
4. JUNIPERO SERRA PARK - NOTICE OF COMPLETION
RESOLUTION NO. 74-12-18-1 - COMPLETION OF JUNIPERO SERRA PARK
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF JUNIPERO SERRA
PARK
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried that Resolution No. 74-12-18-1
be adopted.
The Resolution determines that the work has been completed in
accordance with the contract documents in the total sum of
$53,589.00, declares the work to be accepted, and directs that
a Notice of Completion be filed with the County Recorder within
ten (10) days of acceptance.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to direct staff to make payment
in the amount of $5,358.90 to Industrial Turf, Inc., upon
expiration of 35 days from the date of the filing of the Notice
of Completion.
-2- 12/18/74
5. HOUSING AT
DEVELOPMENT ACT OF 1974 -
267
Council received copies of a memorandum from the Interim City
Manager dated December 11, 1974, regarding a proposed coopera-
tion agreement with the County of Orange for the Housing and
Community Development Act of 1974. The Agreement provides for
the processing of the application for funding. Council also
received copies of a report dated December 18, 1974, from the
Director of Planning for information.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the agreement as
proposed and to authorize the Mayor to execute the agreement
on behalf of the City. The proposed agreement has been
approved by the City Attorney.
CITY ATTORNEY - APPROVAL OF AGREEMENTS
Mayor Byrnes directed that all future agreements submitted by
another public agency have the City Attorney's written "Approval
as to Form" before submission to the City Council.
RESOLUTIONS
1. Council received copies of a memorandum dated December 18, 1974,
from the City Engineer's office regarding the City's submission
of applications for Arterial Highway Financing Program funds.
RESOLUTION NO. 74-12-18-2: RELATING TO INCLUDING CAMINO
CAPISTRANO IN THE AHFP - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO REQUESTING THE COUNTY OF ORANGE
TO INCLUDE WITHIN THE ART&RIAL HIGHWAY FINANCING PROGRAM THE
DEVELOPMENT OF CAMINO CAPISTRANO FROM SAN JUAN CREEK BRIDGE TO
200 FEET NORTH OF DEL OBISPO STREET
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 74-12-18-2
be adopted.
The Resolution requests the Board of Supervisors of the County
of Orange to allocate the sum of $70,000, to be matched by
City funds for the improvement of a portion of Camino Capistrano.
2. RESOLUTION NO. 74-12-18-3: RELATING TO REOUEST FOR INCREASED
AHFP FUNDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO REQUESTING THE COUNTY OF ORANGE TO INCREASE
THEIR ALLOCATION FROM ARTERIAL HIGHWAY FINANCING PROGRAM FOR
THE DEVELOPMENT OF ALIPAZ STREET FROM CAMINO DEL AVION TO 1,800
FEET NORTHERLY
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried that Resolution No. 74-12-18-3
be adopted.
The Resolution requests the Board of Supervisors of the County
of Orange to increase their allocation of funds to $100,000,
to be matched by City funds, for the improvement of a portion
of Alipaz Street.
3. WATERWORKS DISTRICT NO. 4 - ENVIRONMENTAL IMPACT REPORT GUIDELINES
NG TO ENVI
REVIEW BOARD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY i
SAN JUAN CAPISTRANO DIRECTING THE ENVIRONMENTAL REVIEW BOARD
OF THE CITY OF SAN JUAN CAPISTRANO TO UNDERTAKE EIL REVIEWS
FOR ORANGE COUNTY WATERWORKS DISTRICT ND. 4
It was moved by Councilman Nash, seconded by Councilman Heckscher
and unanimously carried that Resolution No. 74-12-18-4 be
adopted.
-3- 12/18/74
2 " ORDINANCES
1. CULTURAL HERITAGE COMMISSION (INTRODUCTION)
ORDINANCE NO. 283: ESTABLISHING A CULTURAL HERITAGE COMMISSION
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO CREATING AND
ESTABLISHING POWERS AND RESPONSIBILITIES FOR A CULTURAL HERITAGE
COMMISSION was read by title by Councilman Heckscher.
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried that the following changes
be made in the proposed Ordinance:
Section 2: Membership:
Insert the words "at least" before the words "five (5) of
whom . ."
Delete the second sentence.
Fourth sentence: Place a period after "City Council" and
delete the remainder of the sentence.
Section 6: Appeal and Review Procedures:
Second sentence: Strike the words "of twenty-five dollars
($25.00)" an3insert the words "to be set by Resolution
of the City Council."
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried.that Ordinance No. 283 be
introduced as amended.
CONSENT ITEMS
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried to accept the staff recommendations with
regard to the following matters:
1. PROCLAMATION - WEEK OF CONCERN (MARCH OF DIMES)
As requested by Arthur R: McKenzie, Chairman, Orange County
Chapter, March of Dimes, the week of January 5 - 119 1975,
is proclaimed "Week of Concern" in the City.
2. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES
The City Treasuer's Report of 1911 Act Delinquencies as of
December 11, 1974, was received for information.
3. STREET RIGHT-OF-WAY EASEMENT - CAMINO CAPISTRANO (KOEBERLE)
The Easement Deed for a portion of Lot 5, Tract 1269, for the
dedication of an additional 2 feet of street right-of-way on
Camino Capistrano, duly executed by the grantors, Maurice E. _
and Hazel S. Koeberle, is accepted and the City Clerk authorized
to certify acceptance.
PUBLIC HEARINGS
1. SAN JUAN CAPI
Mayor Byrnes declared the Public Hearing on the San Juan
Capistrano General Plan a.id the Environmental Impact Report
for the General Plan re-olened.
Written communimtions were received from the following:
-4- 12/18/74
(1) Barbara Davies, President, Town Hall Association of
San Juan Capistrano, Inc., enclosing a petition with
approximately 700 signatures.
(2) Marjory Payne
25471 Charro Drive
(3) George and Dorothy Drummond
25412 Charro Drive
(4) John and Susan Maitino
32561 Carreterra Drive
(5) Paul T. Salata
4301 Birch Street, Newport Beach
(6) August Rudel
25851 Avenida Mariposa
(7) Dorothy A. Groesser
30956 Calle San Felipe
(8) Dr. Victor Makita
No. 3 Maverick Lane, Rolling Hills
(9) J. A. Becker, President, Mission Hills Ranch
Homeowners Association
(10) Justus Gilfillan, 4300 Campus Drive, Newport Beach,
representing Mission Hills Ranch, Inc.
(11) Warren Sikora, Attorney at law, 888 North Main Street,
Santa Ana, representing the Buchheim interests.
(12) G. R. Durenberger, President, The San Juan Capistrano
Historical Society.
(13.) Charles W. Buck
27081 Mission Hills Drive
(14) D. C. Folkers
27202-C Calle Caballero
(15) George and Frances Watkins
30732 Calle Chueca
(16) Charles I. Vermeulen, Shigeru Kinoshita, and
C. Russell Cook
The following persons addressed the Council:
(1) Mrs. Barbara Davies, 29391 Edgewood Road
(2) Mr. Al Baumgartner, 26852 Canyon Crest Road
(3) Mrs. Marilyn Williams, 29931 Camino Capistrano
(4) Mrs. Mary Jane Forster, 31312 Guadalupe
(5) Mr. Justus Gilfillan, 4300 Campus Drive, Newport Beach
(6) Mr. Dale Heinley, 638 Van Ness Street, Santa Ana
(7) Mr. Warren Sikora, 888 North Main Street, Santa Ana
(8) Mr. Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach
• (9) Mr. Charles Swanner, 106 West Fourth St., Santa Ana
(10) Mr. Leo Chade, 31872 Calle Winona
(11) Mr. Tony Forster, 31312 Guadalupe
-5- 12/18/74
/p Sr u RECESS AND RECONVENE
Council recessed at 8:55 P.M. and reconvened at 9:10 P.M.
GENERAL PLAN PUBLIC HEARING (CONTINUED)
Public testimony continued with Mr. Richard McMechan addressing
the Council as representative of David McGauly and Buck Rodgers.
Mayor Byrnes declared the Public Hearings closed with the right
to re -open at any time.
Council received copies of a memorandum dated December 10, 1974,
from the Planning Commission forwarding a copy of the November 25,
1974, General Plan Critique Report incorporating Planning Commission
recommendations with regard to items referred to the Commission by
the City Council on December 3 and 4, 1974. Council also received
copies of a report dated December 18, 1974, from the Director of
Planning forwarding the General Plan Report from the planning
Commission.
Land Use Element - Neighborhood Convenience Center:
Council discussed the amount of land area to be allocated to the
neighborhood convenience center designation.
It was moved by Councilman Sweeney that the neighborhood convenience
center be allocated a land area of approximately 6 to approximately
10 acres. There was no second to the motion.
It was moved by Councilman Heckscher and seconded by Mayor Byrnes
that the neighborhood convenience center be allocated a land area
of approximately 4 to approximately 8 acres. The motion carried
by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes
NOES: None
ABSTAIN: Councilman Weathers
ABSENT: None
Land Use Element - Agriculture:
The Planning Director presented an oral report of the possible use
of an agricultural overlay in the General Plan..
It was moved by Councilman Sweeney and seconded by Councilman Nash
to designate base uses on the Composite Land Use Map with an overlay
representing potential permanent agricultural land; amend the text
to the effect that until January 1, 1976, the agricultural overlay
shall be effective and that only agricultural uses (or related uses)
would be deemed consistent with the General Plan. After that date,
if no action has been taken by the City in the form of a General
Plan Amendment to remove the base land use designations, the over-
lay shall become void and any proposals deemed consistent with the
base designations shall be deemed consistent with the General Plan.
Direction was given to staff that a study is to be initiated for
determining the ways in which agriculture can be made viable in
the Capistrano Valley within the boundaries of the City.
It was moved by Councilman Heckscher and seconded by Councilman
Nash to amend the above motion to read that the agricultural over-
lay shall be effective until June 30, 1976. The motion failed by
the following vote:
AYES: 11 Councilman Heckscher
NOES: Councilmen Sweeney, Nash, Weathers and Mayor Byrnes
ABSENT: None
The vote on the primary motion was unanimous.
12/18/74
Open Space - Hazard Areas:
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to accept the Composite Land Use
Map as approved by the Planning Commission (with the addition of
the open space area in the Mission Hills Ranch); however, modify
the text to allow a population credit of 1 unit per acre on all
areas designated as 2.0 open space, except floodplains.(FP-1 zones).
Circulation Element:
It was moved by Councilman Nash and seconded by Councilman Heckscher
that Camino Capistrano not be widened to four lanes north of
Junipero Serra and to set as a policy that, until usage or other
clear proof demonstrates the need, no highway should be built more
than two lanes wide. The motion failed by the following vote:
AYES: Councilmen Nash and Heckscher
NOES: Councilmen Sweeney, Weathers and Mayor Byrnes
ABSENT: None
It was moved by Councilman Heckscher and seconded by Councilman
Nash that the existing Camino Capistrano north of Junipero Serra
be designated as a two-lane highway. The motion carried by the
following vote:
AYES: Councilmen Nash, Heckscher and Mayor Byrnes
NOES: Councilmen Sweeney and Weathers
ABSENT: None
Composite Land Use Map:
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that the Rodgers and McGauly property be increased to an
intensity of two units per acre rather than one unit per acre.
The motion carried by the following vote:
AYES: Councilmen Sweeney, Weathers and Heckscher
NOES: Councilman Nash and Mayor Byrnes
ABSENT: None
Acceptance of General Plan Report:
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried to accept the General Plan Report from the
Planning Commission, as modified.
Environmental Impact Report:
Council revi-ew-e-T the Environmental Impact Report and noted the
following: (1) That in the report "Discussion of the EIR" there
had been no discussion pertaining to the issue of agriculture; and,
(2) Item 8 on Page 6 did not reflect the change in format of the
General Plan. The Council then accepted the final Environmental
Impact Report incorporating the above comments.
Adoption of the General Plan:
RESOLUTION NO. 74-12-18-5: ADOPTING THE GENERAL PLAN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, RELATIVE TO THE ADOPTION OF THE GENERAL PLAN
It was moved by Councilman Weathers, seconded by Councilman Heckscher
and unanimously carried that Resolution No. 74-12-18-5 be adopted.
The Resolution adopts the Environmental Impact Report prepared for
the General Plan, the General Plan, background materials for each
Element of the General Plan, and the Composite General Plan Map.
-7- 12/18/74
2RECESS
AND RECONVENE
Council recessed at 11:45 P.M. and reconvened at 11:58 P.M.
SUBDIVISIONS AND ANNEXATIONS
1. WESTPORT TRACT 7252 (LAS BRISAS) RELEASE OF BUILDING PERMITS
It was moved by Councilman Weathers, seconded by Councilman
Sweeney to release the building permits for Tract 7252, but
not to indicate the City's acceptance of the landscaping at
this time. The Director of Planning advised Council that at
their meeting of December 17, 1974, the Planning Commission'
had recommended that building permits not be issued until
such time as the City is completely satisfied with the slope
landscaping. Mr. Weathers withdrew the motion.
It was moved by Councilman Heckscher and seconded by Councilman
Nash that this matter be continued to the next mebting of the
City Council. The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash and Heckscher
NOES: Councilman Weathers and Mayor Byrnes
ABSENT: None
Mr. Bill Hollsworth, Attorney representing Westport Homebuilders,
addressed the Council to request release of the building
permits.
2. WESTPORT TRACT 7252 - RELOCATION OF MODEL HOMES
The Director of Planning advised that Westport Homebuilders.
desires to proceed with the relocation of four model homes
that are now a part of the design center on Camino Capistrano
to sites within Tract 7252, 11 1
It was moved by Councilman Weathers, seconded by Mayor Byrnes
and unanimously carried to allow Westport Homebuilders to move
four existing units from the design center to locations within
Tract 7252.
INTERIM CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
1. STAFF REPORT
Council received copies of the Staff Report for November, 1974,
for the Department of Administrative Services,for information.
DIRECTOR OF PLANNING
1. STAFF REPORT
Council received copies of the Staff Report for November, 1974,
from the Director of Planning, for information.
2. TREES - POLICY FOR REMOVAL ON PUBLIC PROPERTIES
After discussion, it was the consensus of the Council that
this item be held over for further consideration at the next
Council meeting.
3. ZONING - LAND USE MANAGEMENT CODE - TABLE OF CONTENTS
Council`received copies of the proposed Land Use Management
Code Table of Contents for information. The Code will incorporate
zoning and subdivision regulations. Councilman Nash suggested
the inclusion of a boundary zone ordinance and a dust ordinance.
12/18/74
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
STAFF REPORTS
W , J
Council received copies of the Staff Reports for the month of
November, 1974, from the engineering, maintenance and pollution
control divisions of the Public Works Department, for information.
CITY CLERK
1. REQUEST TO SOLICIT - CALENDAR YEAR 1975 (CEDU FOUNDATION)
Council received copies of a letter dated November 26, 1974,
from CEDU Foundation, Inc., a drug rehabilitation school,
requesting permission to solicit for funds within the City
during calendar year 1975. It was moved by Councilman Weathers,
seconded by Councilman Heckscher and unanimously carried to
respectfully decline to approve the request for a one-year
solicitation permit, but did authorize approval of a solicitation
permit for a one-month period of time during 1975.
PLANNING COMMISSION
1. REPORT OF PLANNING COMMISSION ACTIONS
Council received copies of the report of actions taken by the
Planning Commission at their regular meeting of December 3,
1974, for information.
2. ORANGE COUNTY 1975 GENERAL PLAN AMENDMENT (PROPOSED)
Council received copies of a report dated December 18, 1974,
from the Director of Planning forwarding the recommendation
of the Planning Commission with regard to the proposed Orange
County 1975 General Plan Amendment.
It was moved by Councilman Nash, seconded by Councilman Weathers
and unanimously carried to direct the Interim City Manager to
communicate to the Board of Supervisors and the Orange County
Planning Commission that the City of San Juan Capistrano
desires to join with them in a joint planning effort for the
adopted partial sphere of influence on the west side of the
City, and that this planning effort would culminate in the
preparation of a General Plan Amendment to the Orange County
General Plan in the year 1975. The proposed amendment would
include the ridgeline of the Bear Brand Ranch property and all
property in the approved partial sphere of influence on the
west side of the City.
ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT -
REPRESENTATIVE
It was moved by Councilman Sweeney,
and unanimously carried that Jarold
City's representative to the Orange
. District for the next two-year term
1976.
APPROVAL OF WARRANTS
seconded by Councilman Weathers
B. Cole be re -appointed as the
County Mosquito Abatement
of office ending December 31,
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried to approve the List of Demands dated
December 18, 1974, Warrants Nos. 4397 through 4487 inclusive; the
release of Warrant No. 0140 and No. 0141 on the 1911 Act Account
is contingent upon the Director of Administrative Services obtaining
the verbal consent of at least three members of the City Council
that said Warrants be released.
Councilman Heckscher requested that Council receive a display showing
how the Engineering Services Account grows over the month.
-9- 12/18/74
?3
RECESS AND RECONVENE
Council recessed to Executive Session at 12:45 A.M., December 19,
1974, and reconvened at 1:30 A.M.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 1:30 A.M., December 19, 1974, to the next meeting date
of Thursday, January 2, 1975, at 7:00 P.M. in the City Council
Chamber.
Respectfully submitted,
<-72 2e-'( 4,�vl _
MARY ANN HANOVER, CITY CLERK
b
APPROVED:
—10-
12/18/74