75-0305_CC_Minutes_Regular Meeting1. 321
MARCH 5, 1975
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 7:15 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given
by George Madsen.
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: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services; William Murphy, Public Works
Director/City Engineer; George Madsen, Sr. Project Engineer;
David J. Smith, Director of Planning; James Okazaki, City Attorney;
Mary Ann Hanover, City Clerk.
MINUTES
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the Minutes of the Regular
Meeting of February 19, 1975, be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried that all ordinances and resolutions
be read by title only.
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT FOR PUBLIC IMPROVEMENTS DOL 72-110
SMYTH BROS. VETA COMPANY
Council received copies of a memorandum from the City Engineer's.
office dated March 5, 1975, forwarding an agreement between the
City and Veta Company for the dedication of streets and easements
in conjunction with Division of Land 72-110.
It was moved by Councilman Weathers; seconded by Councilman
Sweeney to accept the bonds, approve the Agreement, and
authorize the Mayor to sign on behalf of the City and the City
Clerk to attest thereto. There was no vote on the matter.
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried that the matter be tabled since
some copies of the Agreement are not legible.
2. STREET IMPROVEMENTS - NOTICE OF COMPLETION OF DON JUAN AVENUE
RESOLUTION NO. 75-3-5-1: COMPLETION OF DON JUAN AVENUE
RESOLUTION OF THE CITY COUNCIL OF THE CITY O97N—JTKN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE RECONSTRUCTION OF DON JUAN
AVENUE
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried that Resolution No. 75-3-5-1
be adopted.
The Resolution determines that the work has been completed in
accordance with the contract documents in the total sum of
$11,043.39, declares the work to be accepted, and directs that
-1- 3/5/75
22
a Notice of Completion be filed with the County Recorder
within ten (10) days of acceptance.
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried to direct staff to make pay-
ment in the amount of $1,104.34 to the Griffith Company upon
expiration of 35 days from the date of the filing of the
Notice of Completion.
RESOLUTIONS
1. RESOLUTION NO. 75-3-5-2: ORANGE COUNTY HEALTH PLANNING COUNCIL
A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SUPPORTING THE CONTINUATION OF THE ORANGE COUNTY HEALTH
PLANNING COUNCIL AND ITS DESIGNATION AS HEALTH SYSTEMS AGENCY
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-3-5-2
be adopted. The Resolution supports the continuation of the
Orange County Health Planning Council and its designation as
the "health systems agency" pursuant to the National Health
Planning and Resource Development Act of 1974. Mr. Stan Matek,
Director of the Health Planning Council,was present.
PUBLIC HEARINGS
1. VACATION OF A PORTION OF LA ZANJA STREET AND THE ALLEY EXTENSION
Notice having been given as required by law, Mayor Byrnes
declared the Public Hearing open on the proposed vacation of
La Zanja Street from Guadalupe Street to Ysidora Street and the
alley extension from Ysidora Street to Andres Pico Road.
A written protest was received from E. A. Nydegger, 31382
Don Juan Avenue. A protest signed by Blanche E.Nydegger, E.A.
Nydegger, Dolores Dellinger, and Ina Wiegand was also received.
Mayor Byrnes inquired if anyone wished to address the Council
regarding this matter. Fran Frost, 31301 Paseo Nogal, and
Mary Jane Forster, 31312 Guadalupe Street, spoke in favor of
the proposed vacation, and Mr. Isch addressed the Council.
Bill Bagley and Mrs. Nydegger spoke in opposition. There
being no one else wishing to address the Council on this
matter, Mayor Byrnes declared the Publib Hearing closed with
the right to re -open at any time.
RESOLUTION NO. 75-3-5-3: VACATION OF PORTION OF LA ZANJA STREET
RESOLUTION OF THE CITX COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ORDERING VACATION OF A PORTION OF
LA ZANJA STREET AND THE ALLEY EXTENSION
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried that Resolution No. 75-3-5-3,-
incorporating
5-3-5-3, incorporating the City Attorney's corrections, be adopted.
2. PROPOSED AMENDMENT TO EMPLOYEE CLASSIFICATION PLAN -
DDITION OF. POSITION OF RECREATION COORDINATOR CONTINUATION
Notice having been given as required by law, Mayor Byrnes .
declared the Public Hearing on the proposed amendment to the
Employee Classification Flan re -opened and inquired if anyone
in the audience wished to address the Council regarding the
addition of the position of Recreation Coordinator. Mrs.
Barbara Davies, 29391 Edgewood Road, addressed the Council in
favor of creating this position. There being no one else
wishing to address the Council on this matter, Mayor Byrnes
declared the Public Hearing closed with the right to re -open
at any time.
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried that this matter, which was
tabled at the Council meeting of February 19, 1975, be
returned to the table. Councilman Sweeney stated that in his
-2- 3/5/75
0c
opinion the City had not found and determined the need for a !' 4 e -
Recreation Coordinator, as set forth in the proposed Resolution.
It was moved by Mayor Byrnes and seconded by Councilman
Heekscher that the proposed Resolution establishing the
position of Recreation Coordinator be amended to state
Salary Range No. 25 ($991.00 - $1207.00), rather than
Range No. 26.5. The motion carried by the following vote:
AYES: Councilmen Nash, Heckscher and Mayor Byrnes
NOES: Councilman Weathers
ABSTAIN: Councilman Sweeney
ABSENT: None
RESOLUTION NO. 75-3-5-4: RECREATION COORDINATOR
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN
OF THE PERSONNEL RULES
It was moved by Mayor Byrnes; seconded by Councilman Heckscher
that Resolution No. 75-3-5-4 be adopted. The motion carried
by the following vote:
AYES: Councilmen Nash, Heckscher and Mayor Byrnes
NOES: Councilman Weathers
ABSTAIN: Councilman Sweeney
ABSENT None
Mayor Byrnes advised that it is the intention of the Council
to monitor this position very closely.
ORAL COMMUNICATIONS ..
1. EL NIDO ESTATES MOBILE HOME PARK, LUP 68-109
Mr. Jefferson Brown, representing Manufacturers Bank in the
E1 Nido matter, addressed the Council. The matter will be
heard later in the Agenda.
RECESS AND RECONVENE
Council recessed to Executive Session at 8:47 P.M. and reconvened
at 9:30 P.M.
STREET TREES - GIFT TO THE CITY (SAN JUAN BEAUTIFUL)
Mayor Byrnes announced that the City had received a check in the sum
of $800, as partial payment for the 200 trees to be planted in the
City,from San Juan Beautiful. The planting will be in conjunction
with the celebration of the nation's bicentennial. The Council
expressed their appreciation to San Juan Beautiful.
CLAIMS AGAINST THE CITY - STANDARD -PACIFIC CORPORATION, TRACT 8485
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to endorse the retention of the firm of
Rutan & Tucker to represent the City in the matter of Standard -
Pacific Corporation vs. City of San Juan Capistrano. The suit
is in connection with Tract 8485 which fronts the Ortega Highway.
ADMINISTRATIVE ITEMS
CITY ATTORNEY
1. DOOR-TO-DOOR SOLICITATION
I•t was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried that staff be directed to
-3- 3/5/75
prepare an appropriato amendmont to Ordinance No. 171-
that
71that would incorporate those points set forth in the City
24 Attorney's memorandum of March 5, 1975, regarding door-to-door
solicitation. The items include prior consent of the occupant,
definite hours of solicitation, administrative revocation.
CITY CLERK
1. REQUEST TO SOLICIT FOR FUNDS, CEDU FOUNDATION
Council received copies of a memorandum from the City Clerk
dated March 5, 1975, forwarding an application from the CEDU
Foundation of Running Springs, California, for permission to
solicit for funds within the City from March 30th through
June 30, 1975. Council had approved a one-month permit at
their meeting of December 18, 1974, contingent upon receipt of
a completed application form.
It was moved by Councilman Nash, seconded by'Councilman Sweeney
and unanimously carried that this request be denied since the
previous approval for a one-month solicitation permit was
ignored.
DIRECTOR OF PLANNING
1. APPEAL OF PLANNING COMMISSION ACTION, LUP 74-1 (OLSEN, ET AL.
Council received copies of a report dated March 5, 1975, from
the Director of Planning regarding the appeal of Roland Olsen
in connection with LUP 74-1. Mr. Olsen is appealing the action
taken by the Planning Commission on January 21, 1975, in
determining that there is no validity to the concept plans, as
interpreted by the applicant, and that the action with regard
to the Land Use Permit was for determining the range of
permitted uses and broad development parameters only; and,
that the applicant should submit concept plans to the Archi-
tectural Board of Review, and the Architectural Board of
Review shall view them without being prejudiced by any
previously discussed concepts. Mr. Olsen addressed the Council.
During discussion controversy arose relative to conditions
of approval which required an offer of dedication for a public
street. The Mayor informed the applicant that the conditions of
approval were not under appeal and that the applicant may ask
for reconsideration of the conditions by the Planning Commission
through another action.
It was moved by Councilman Heckscher, seconded by Councilman Nash
and unanimously carried that the appeal be denied.
2. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD JUNIPERO SERRA VILLAGE
At the request of the applicant through the Director of Planning,
this item was continued to April 2, 1975.
3. EL NIDO ESTATES MOBILE HOME PARK, LUP 68-109
Council received copies of a report dated March 5, 1975, from
the Director of Planning regarding the status of LUP 68-109,
the E1 Nido Estates Mobile Home Park, and forwarding back-
ground material and conditions for approval. Mr. W.Z.
Jefferson Brown addressed the Council and stated that he has
been authorized by Manufacturers Bank to state that they will
adhere to the additional conditions for approval as set forth
in the staff report. Mr. Price Scott, Vice President of
Manufacturers Bank,addressed the Council and stated that the
Bank would wish to divest itself of the mobile home park as
soon as possible, since the Bank is not in the business of
operating mobile home parks. Council questioned the propriety
of the list of architectural specifications, and especially
Item No. 8 which states that an Architectural Review Board will
pass upon all mobilehomes, awnings, carports,skirting and steps
unless it is obvious to Management that these items meet E1 Nido
standards. Mr. Brown stated that the Bank would be willing to
strike No. 8 from the standards. Council noted that the
architectural specifications were referredto as "Exhibit A"
but were not so marked.
-4- 3/5/75
32`
It was moved by Councilman Weathers and seconded by Councilman
Sweeney that a finding be made that substantial construction
for LUP 68-109 has commenced and that it has been diligently
prosecuted up to this point; and, that with the concurrence
of the applicant, the following conditions are added to
LUP 68-109:
1. That architectural specifications for E1 Nido Mobile
Home Park, as contained in Exhibit "A" attached, shall
be adhered to on all units;
2. That the "as built" grading plan shall be approved by
the Planning Commission prior to "finaling" of the
grading permit;
3. That detailed irrigation and landscaping plans shall
be approved by the Planning Commission prior to the
move -on of any mobile home units.
The motion failed by the following vote:
AYES: Councilmen Weathers and Sweeney
NOES: Councilmen Nash, Heckscher and Mayor Byrnes
ABSENT: None
Mr, Lou Center addressed the Council to suggest'that the vote
be reconsidered.
(This matter was reconsidered later on the Agenda.)
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. CONSTRUCTION OF BIKE TRAILS ^ COUNTY FLOOD CONTROL DISTRICT
PERMIT FOR TRABUCO AND SAN JUAN CREEKS
Council received copies of a memorandum dated March 5, 1975,
from the City Engineer's Office forwarding copies of Orange
County Flood Control District Permit Application No. 05674
for permission to construct, maintain, operate and patrol a
bicycle trail within the District's rights-of-way for San Juan
Creek Channel and Trabuco Creek Channel, as shown on City
plans numbered "SJC 7444, dated October, 1974."
It was moved by Councilman Weathers, seconded by Councilman
Nash and unanimously carried to approve Flood Control Permit
Application No, 05674 and to authorize the Public Works Director
to sign the application on behalf of the City.
2. FIESTA DE LAS GOLONDRINAS - SAN JUAN CAPISTRANO FIESTA ASSOC.
Council received copies of a brochure outlining the schedule
for the Seventeenth Annual Fiesta de las Golondrinas'from
March 17 through March 23, 1975, sponsored by the San Juan
Capistrano Fiesta Association, The annual parade is
scheduled for Saturday, March 22nd.
3, EMERGENCY PREPAREDNESS PROGRAM
Council received copies of a memorandum dated March 5, 1975,
from the Director of Public Worksregarding the status of the
City's Emergency Preparedness Plan for information, The Plan
will be submitted to the Council at the meeting of June 4, 1975.
4, PRIMA DESHECHA DISPOSAL SITE ACCESS.REPORT
Council received copies of a memorandum dated March 5, 1975,
from the Director of Public Works regarding meetings held with
County and City representatives to review alternate alignments
-5- 3/5/75
5
to the La Novia access for the Prima Deshecha Disposal Site
and the possibility of scheduling a presentation by the
County on the basic alignments that are being studied for
the La Novia access.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to direct staff to cooperate
with the Orange County Road Department in preparation for a
joint meeting with the City Council to be held on Monday,
March 10, 1975, in the City Council Chamber.
DEL OBISPO BRIDGE PROGRESS REPORT
Council received copies of a memorandum dated March 5, 1975,
from the Director of Public Works regarding the construction
plans for the Del.Obispo Bridge for information. Construction
is expected to commence May 1, 1975. The construction detail
plans have been approved by the Public Works Director.
PARKS AND RECREATION COMMISSION
1. RESOLUTION NO. 75-3-5-5: CRITERIA FOR NAMING PUBLIC PARKS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN iuAN
CAPISTRANO, CALIFORNIA, ADOPTING CERTAIN POLICY,
OBJECTIVE AND PRINCIPLES, AS A GUIDE FOR THE NAMING OF
PUBLIC PARKS AND RECREATION FACILITIES
It was moved by Councilman
Heckscher and unanimously
No. 75-3-5-5 be adopted.
PLANNING COMMISSION
Weathers, seconded by Councilman
carried that Resolution
1. REPORT OF PLANNING COMMISSION ACTIONS
Council received copies of the report dated March 5, 1975, of
actions taken by the Planning Commission at their regular meeting
of February 18, 1975. Council questioned the Commission's action
in approving modifications to the McDonald's Restaurant signs.
The report was received and filed.
AIRPORT COMMITTEE
There was no report received on this item.
TRAFFIC AND TRANSPORTATION COMMITTEE
1. CROSSWALK - CAMINO CAPISTRANO SOUTH OF LA ZANJA STREET
Council received copies of a memorandum dated March 5, 1975,
from the Director of Public Works forwarding Traffic and
Transportation Committee recommendations regarding the
crosswalk installed on Camino Capistrano south of La Zanja
Street in November, 1974. Mr. Ted Kopp, Mrs. Bonita Wilson,
and Mr. Richard McMechan addressed the Council.
It was moved by Councilman Weathers and seconded by Councilman
Heckscher that the crosswalk located on Camino Capistrano 400
feet south of La Zanja Street be removed, as recommended by
the Traffic and Transportation Committee. The motion carried
by the following vote:
AYES: Councilmen Sweeney, Weathers and Heckscher
NOES: Councilman Nash and Mayor Byrnes
ABSENT: None
I.t was moved by Councilman Heckscher, seconded by Councilman
-6- 3/5/75
327
Nash and unanimously carried to locate a crosswalk on Camino
Capistrano 70 feet southerly of the crosswalk voted for
removal.
Mayor Byrnes advised staff that when recommendations are
forthcoming from committees, Council should be apprised of
the committee vote.
Council directed staff to submit safety measures for the
protection of school children using the sidewalk.
COUNCIL REMARKS
1. JUNIPERO SERRA PARK - DOG PROBLEM
Councilman Nash requested that staff report to Council with
suggestions for minimizing the problem of dog litter in the
play areas of Junipero Serra Park.
2. AGRICULTURAL STEERING COMMITTEE
At the request of Councilman Nash, Mayor Byrnes reported that
the Agricultural Steering Committee had met and held an orienta-
tion meeting and an organization meeting and that Ted Crossman
had been named as Chairman. The Committee is currently inter-
viewing consultants for the purpose of providing the agricultural
study.
3. EL NIDO ESTATES MOBILE HOME PARK. LUP 68-109
It was moved by Mayor Byrnes; seconded by Councilman Sweeney
that Council reconsider the request of Manufacturers Bank
that the Council find that construction for LUP 68-109 has
commenced and been diligently prosecuted. The motion carried
by the following vote:
AYES: Councilmen Sweeney, Weathers and Mayor Byrnes
NOES: Councilmen Nash and Heckscher
ABSENT: None
It was moved by Councilman Weathers to approve the staff
recommendation as set forth -in the motion at the top of Page 5
of these Minutes. There was no second to the motion.
It' was the consensus of the Council to direct the Director of
Planning to provide documentation to the staff report and to
inform the applicant that possible alternative uses for the
property should be presented.
4. RESOLUTION NO. 75-3-5-6: COUNCIL MEETINGS
A RESOLUTION OF THE CITY COUNCIL OF E CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING TIME LIMIT FOR MEETINGS
It was moved by Councilman Weathers and seconded by Mayor
Byrnes that. Resolution No. 75-3-5-6 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Weathers and Mayor Byrnes
NOES: Councilmen Nash and Heckscher
ABSENT: None
The Resolution provides that City Council meetings shall
adjourn no later than 11:00 P.M. and that any and all agenda
matters, including executive and personnel matters, not
considered by 11:00 P.M. shall be considered at a meeting to be
held on the succeeding Wednesday at 7:00 P.M.
-7- 3/5/75
APPROVAL OF {'WARRANTS
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried to approve the List of Demands
dated March 5, 1975, Warrants Nos. 4716 through 4813, inclusive,
and Warrants Nos. 0150 and 0151 on the 1911 Act Account, in the
total amount of $138,157.28.
ADJOURNMENT
There being no further business before the Council., the meeting
was adjourned at 1:22 A.M., March 6,1975, to the next meeting
date of Monday, March 10, 1975, at 7:00 P.M. in the City Council
Chamber for a presentation regarding the proposed La Novia access
route to the Prima Deshecha Disposal Site.
Respectfully submitted,
APPROVED:
-8- 3/5/75