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75-0319_CC_Minutes_Regular MeetingMARCH 19, 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 7:00 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Ray Woodside. ROLL 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: James S. Mocalis, City Manager;.John O'Sullivan, Director of Administrative Services; William Murphy, Public Works Director/City Engineer; Jack Raines, Engineering Consultant; David J. Smith, Director of Planning; James Okazaki, City Attorney; Mary Ann Hanover, City Clerk. COUNCIL MEETING POLICY Mayor Byrnes announced that the Council had adopted a policy at their meeting of March 5, 1975, whereby the City Council meetings will adjourn no later than 11:00 P.M. and that therefore there is a possibility that some items listed on the Agenda would not be heard at this meeting. GIFTS TO THE CITY Mayor Byrnes advised that he had attended a luncheon at the Mission this date in honor of the annual return of the swallows and that Leon Rene, author of the song "When the Swallows Come Back to Capistrano," had presented the City with a framed original imprint of that sheet music. MINUTES It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that the Minutes of the Regular Council Meeting of March 5, 1975, be approved with the following corrections: (1) Page 2, Public Hearings, Item No. 2: Add the following sentence: "Councilman Sweeney stated that in his opinion the City had not found and determined the need for a Recreation Coordinator, as set forth in the proposed Resolution." (2) Page 7, Council Remarks, Item No. 2, insert the words "At the request of Councilman Nash," at the beginning of the first sentence. MOTION TO READ BY TITLE ONLY It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that all ordinances and resolutions be read by title only. CITY COUNCIL RE -ORGANIZATION 1. ELECTION OF MAYOR The City Clerk called the Meeting to order and stated that nominations were open for the office of Mayor of the City of San Juan Capistrano. Councilman Nash nominated John B. Sweeney for the office of Mayor. There was no second to the motion. Councilman Heckscher nominated James K. Weathers for the office of Mayor. The nomination was seconded by Councilman Sweeney. -1- 3/19/75 It was moved by Mayor Byrnes and seconded by Councilman Heckscher that nominations be closed and that James K. Weathers be elected to the office of Mayor. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Ifeckscher and Byrnes NOES: None ABSTAIN: Councilman Weathers ABSENT: None 2. ELECTION OF MAYOR PRO TEMPORE Mayor Weathers assumed the chair and stated that nominations were open for the office of Mayor pro tem. Councilman Heckscher nominated John B. Sweeney for the office of Mayor pro tem and Councilman Byrnes seconded the nomination. It was moved by Councilman Byrnes; seconded by Councilman Heckscher that nominations be closed and that John B. Sweeney be elected to the office of Mayor pro tem. The motion carried by the following vote: AYES: Councilmen Nash, Heckscher, Byrnes and Mayor Weathers NOES: None ABSTAIN: Councilman Sweeney ABSENT: None 3. CITY BANK ACCOUNTS - AUTHORIZATION FOR SIGNATURES It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried to 'authorize the signatures of Mayor Weathers and Mayor pro tem Sweeney on the City's bank accounts and to rescind approval of previous Council signatures on said accounts. BIDS, CONTRACTS, AGREEMENTS 1. AGREEMENT FOR PUBLIC IMPROVEMENTS DOL 11.1 iS'T.MA XR AXTV Council received copies of an Agreement between the City and The Veta Company in conjunction with the acceptance of the Final Map for Division of Land 72-110. The Agreement has been executed by Charles W. Smyth and Dale Woodward, Vice Presidents of The Veta Company. The conditions of approval include the improvement of Camino Capistrano, Avenida Aeropuerto, and construction of a portion of the Master Plan of Drainage. The developer has furnished bonds in the total amount of $301,800 for sewers, street lights, streets and storm drains, and off-site right-of-way for the storm drain. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to accept the bonds, approve the Agreement, and to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. 2. BICYCLE TRAILS SAN JUAN CREEK AND TRABUCO CREEK - PROV OF PLAN ND SPECIFIC TION ND CALL FOR BIDS Council received copies of memoranda dated March 13 and 19, 1975, from the Director of Public Works advising that modified plans -2- 3/19/75 �t and specifications for the Trabuco Creek and San Juan Creek bike trails are complete and ready for submittal to the County Flood Control District. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve the plans and specifications, as modified, and to authorize a call for bids, contingent upon approval of the plans by the Flood Control District. 3. ORTEGA HIGHWAY SIDEWALK - CAMINO CAPISTRANO TO EL CAMINO REAL APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS Council received copies of a memorandum dated March 19, 19751 from the Director of Public Works regarding the proposed installation of new sidewalk, curb and gutter along the south side of the Ortega Highway from E1 Camino Real to Camino Capistrano, including ramps and the planting of eleven trees. The estimated cost of the project is approximately $19,000. It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried to approve the plans and specifications for the Ortega Highway sidewalk from Camino Capistrano to El Camino Real and to authorize a call for bids. Staff was directed to investigate any safety hazards involved with regard to the tree well grates to be installed. 4. AGRICULTURAL STUDY - CONSIDERATION OF CONTRACT AND SELECTION OF CONSULTANT Council received copies of memoranda dated March 18 and 19,,1975, from the Director of Planning regarding interviews conducted by the Agricultural Steering Committee for the purpose of recommending a consultant firm for the proposed Agricultural Study. Mr. Ted Crossman, Chairman of the Committee, advised that their recommendation is that the Committee enter into negotiations with the firm of Levander, Partridge & Anderson of Beverly Hills. That firm's estimated cost for the Study is from $20,000 - $25,000. Councilman Byrnes raised questions pertaining to the cost of the project and inquired as to the ability of staff to either undertake or coordinate the study. The Director of Planning responded that the scope of this project was beyond the normal capabilities of staff and that it could only be undertaken at the sacrifice of other priority projects. It was moved by Councilman Sweeney and seconded by Councilman Nash to adopt the recommendation of the Steering Committee and to direct the Committee to negotiate a contract for the scope of work of the Agricultural Study withthe firm of Levander, Partridge & Anderson. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Weathers NOES: ABSENT: RESOLUTIONS Councilman Byrnes None »q_ 1. APPOINTING TRUSTEES TO THE RETIREMENT SYSTEM Council received copies of a proposed Resolution naming the Retirement Advisory Board as Successor Trustees of the San Juan Capistrano City Employees' Retirement System and authorizing the signatures of John O'Sullivan, C. V. Neal, and Roy L. Byrnes on the bank account to be opened with Crocker National Bank. RESOLUTION NO. 75-3-19-1: RETIREMENT SYSTEM TRUSTEES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF S70 -JUAN CAPISTRANO, CALIFORNIA, APPOINTING TRUSTEES OF THE EMPLOYEE'S RETIREMENT SYSTEM -3- 3/19/75 It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Resolution No. 75-3-19-1 be adopted with the following amendments: (1) That Title insurance and Trust Company be specifically removed as trustees of the retirement system; and (2) That the terms of office be concurrent with the terms of the elective or appointive offices of Council- men Byrnes and Sweeney and City Treasurer Neal. ORDINANCES 1. WEED ABATEMENT PROCEDURES At the request of the City Attorney, this item was removed from the Council Agenda. Councilman Nash requested staff considerati of the early abatement of weeds adjacent to agricultural property. SPECIAL PRESENTATIONS: 1. PRIMA DESHECHA DISPOSAL SITE ACCESS REPORT (LA PATA) Pursuant to Council action at their meeting of March 10, 1975, Mr. William L. Zaun and Mr. Wendell Hartman of the Orange County Road Department presented alignments and exhibits on the possible use of La Pata Road as an access route to the Prima Deshecha disposal site. Mr. Hartman stated that the County proposed rounding of the slopes to lessen the visibility of the cuts, seeding of the slopes after construction, fencing of the road, and Installation of a paved shoulder. Councilman Sweeney requested that the Council be advised of the exact date that the La Pata alignment under discussion -was scleeted by the County Road Department. Council discussed the new information received regarding the amount of cut.and fill required for the proposed La Novia Avenue access route, the fact that the road would only be used by dump trucks, and the continuing concern for traffic safety on the Ortega Highway. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that the City withdraw its endorsement and support of the Ortega -La Novia access corridor to the Prima Deshecha disposal site. It was moved by Councilman Heckscher and seconded by Councilman Byrnes that staff be directed to prepare documentation regarding the impact on the City should La Pata Road be utilized as the access route to the Prima Deshecha disposal site. The items to be addressed are measures that can be taken to alleviate hazardous conditions on the Ortega Highway, visual impact of road construction, design, and the possibility of including equestrian trails. The information is to be submitted to the City Council for review at the next Regular Council Meeting, The motion carried by the following vote: AYES: Councilmen Byrnes, Nash, Heckscher and Mayor Weathers NOES: None ABSTAIN: Councilman Sweeney ABSENT: None RECESS AND RECONVENE Council -recessed at 8:32 P.M. and reconvened at 8:47 P.M. -4- 3/19/75 7 2. CAMINO DEL AVION ALIGNMENT STUDY - PRELIMINARY REPORT Council received copies of a preliminary report dated March 19, 1975, from the City Engineer's office regarding the alignment for the extension of Camino del Avion from Alipaz Street to Camino Capistrano. The study is necessary in order to establish a precise alignment for future construction for the Camino Capistrano bridge over San Juan Creek and in order to obtain the funds for the widening of the bridge. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to receive the report and to direct staff to place the alignment plans and sections in the Council office for further review by individual Councilmen. ORAL COMMUNICATIONS 1. INTRODUCTION - EXECUTIVE ASSISTANT TO SUPERVISOR RILEY Mr. Bob Nelson of Supervisor Riley's office introduced Anne Christian who has recently been appointed as Executive Assistant to Mr. Riley. Mrs. Christian will serve as liaison to San Juan Capistrano, San Clemente and the surrounding County unincorporated territory. 2. PRIMA DESHECHA DISPOSAL SITE ACCESS Mr. Patrick O'Brien, 31282 Calle del Campo, addressed the Council and presented a petition requesting that the City Council and the.County exclude the Ortega Highway from consideration as a route to the proposed disposal site due to traffic hazards. 3. RECREATIONAL VEHICLE PARKING - VILLAGE SAN JUAN Mr. Al Mahan, President, Village San Juan Homeowners Association, addressed the Council regarding the lack of recreational vehicle parking facilities in that development. The item is considered later on the Agenda. CONSENT CALENDAR It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried to accept the staff recommendations with regard to the following matters: 1. ACCEPTANCE OF GRANT DEED, TRACT 7626 (LEADERSHIP HOUSING) The Grant Deed for a portion of land located in the future right-of-way for Calle Arroyo adjacent to Tract 7626, duly executed by Leadership Housing Systems, the grantor, is accepted. Staff is directed to acquire a title insurance policy in the City's name from Leadership Housing and to process the Corporation Grant Deed for recordation. 2. STAFF REPORTS FOR FEBRUARY, 1975 Council received copies of the Staff Reports for the Month of February, 1975, from the Director of Administrative Services, the Director of Planning, the Director of Public Works, and from the Engineering, Consultant Engineering, and Water Pollution Control Facility Divisions of the Public Works Department for information. 3. FUND BALANCE STATEMENT The Summary Statement of Fund Cash Balances for the seven months ended January 31, 1975, was received for information. -5- 3/19/75 8 4 5. TREASURER'S REPORT OF 1911 ACT DELINQUENCIES The City Treasurer's Report of 1911 Act Delinquencies as of March 7, 1975, was received for information. REPORT OF PLANNING COMMISSION ACTIONS The Report of actions taken by the Planning Commission at their Regular Meeting of March 4, 1975, was received for information. APPROVAL' OF WARRANTS Council received copies of a memorandum dated March 19, 19751 from the Director of Administrative Services advising that Warrant No. 4857 payable to SERRA in the amount of $3,534.00 has been voided and that a separate report will be forthcoming for the meeting of April 2, 1975. It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried to approve the List of Demands dated March 19, 1975, Warrants No. 4814 through No. 4880, in the total amount of $74,436.63; Warrant No. 4857 is excluded. AGREEMENT FOR UNDERGROUND IMPROVEMENTS, DOL 74-5 (STRAUB) At the request of the City Attorney, this item was removed from the Agenda and will be considered at the meeting of April 2, 1975. ADMINISTRATIVE ITEMS: DIRECTOR OF ADMINISTRATIVE SERVICES 1. SPRING STREET PEPPER TREE The Director of Administrative Services advised that the cabling and trimming of the Spring Street pepper tree had been completed and that this action would probably add another 100 to 150 years to the life of the tree. DIRECTOR OF PLANNING 1. EL NIDO ESTATES MOBILE HOME PARK - LUP 68-109 Council received copies of a report dated March 19, 1975, from the Director of Planning forwarding chronological background data regarding Land Use Permit 68-109 for the E1 Nido Estates Mobile Home Park. Mr. W. Z. Jefferson Brown, representing Manufacturers Bank, the owner of the property, addressed the Council. Mr. Ron Yeo, who has been employed by Manufacturers Bank to assist in finalizing architectural plans for the project, also addressed the Council. RESOLUTION NO. 75-3-19-2: EL NIDO MOBILE ESTATES OLUTION OF THE CITY COUNCIL OF THE CITY OF 9AN-JUAN CAPISTRANO ESTABLISHING TERMS AND CONDITIONS FOR THE COMPLETION OF LUP 68-109 It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that Resolution No. 75-3-19-2 be adopted. The Resolution sets forth the staff recommendation, as follows! That the City of San Juan Capistrano does hereby find and determine that the application of E1 Nido Mobile Estates for Land Use Permit LUP 68-109 is still valid, and that the afore- said project may be completed subject to the following terms and conditions: 1•. That the "as -built" grading plan shall be submitted to and approved by the Planning Commission prior to release of final grading permits; -6- 3/19/75 2. Detailed irrigation and landscaping plans shall be sub- 3 ! mitted to the Planning Commission in ample time for Commission to approve such plans in the normal course of its business within six months of March 19, 1975. Developer shall, furthermore, within this time period, provide a performance bond in an appropriate amount to be determined by the Planning Commission and approved by the City Attorney, guaranteeing the proper installation of the aforesaid irrigation system and landscaping in accordance with the approved plans. Installation of said irrigation system and landscaping shall be completed prior to the location of any mobile units upon the premises. 3. Landscaping plans shall meet the street tree specifications as contained in the Street Tree Master Plan. 4. Prior to the location of any units upon the premises, all matters, including C C & R's, and lease restrictions, which relate to architectural and structural specifications and requirements; shall be approved by the Planning Commission. Said restrictions shall incorporate the following: (a) Roofing and awnings shall be of a material that is glare free and resembles materials utilized in conventional residential construction. Examples are wood shingles or shakes, composition shingles, sprayed monolithic materials such as Hasacote, and simulated tile or shingles of metal or plastic. Pastel colors or the natural wood look are preferred. (b) Air conditioners, coolers and other similar Accessories shall be installed at ground level in an acceptable manner to eliminate unsightly roof -top units. (c) Exterior materials utilized on the mobilehomes shall resemble conventional residential construction in appearance and color. Examples are simulated stucco, wood siding, aluminum simulated wood siding such as bevel siding, board and batt, board on board. Pastel or natural colors are encouraged. Facias shall blend with or complement the roofing and siding materials and shall tie into awning facias in such a way that awnings do not convey the appearance of being "stuck on" as an afterthought. Where doublewides join together at the roof, the flashing used shall blend with the rest of the roof. (d) Mobile homes shall be installed with the lowest profile possible. This will require removal of wheels. Skirting shall be as narrow as possible, and either complement the siding or be of the same material. Painted sheet metal skirting with floral designs is undesirable. Masonry skirting laid up in an attractive workmanlike manner is preferable. (e) Carports conforming to these specifications are required at all lots. Porches and concrete patios are to be covered with an acceptable awning of approved construction. Minimum size of porch or patio shall be 50 square feet. Larger sizes are encouraged, but shall be covered for their entire length and width. Mobilehomes with built-in entries and porches are acceptable when conforming to other requirements. (f) Storage units shall be placed in an approved location and shall not exceed 50 square feet of floor area. Colors and materials used shall complement the mobile home. -7- 3/19/75 0 (g) Steps and railings shall be of good quality and appearance. (h) A review process which requires an Architectural Board of Review established within the park. Further, the review process shall include pro- vision for review by the Planning Commission of the City of San Juan Capistrano. 2. OFF-STREET PARKING - HARBOR LANE HOMES Council received copies of a report dated March 19, 1975, from the Director of Planning regarding a request of the Harbor Lane Homeowners Association for City assistance in combating the problem of the failure of residents to utilize garages for off-street parking. Ordinance No. 115 requires that off-street parking be provided and that the garage spaces be usable for off-street parking; garages converted to other uses are not allowed unless •it can be demonstrated that in addition to other uses, the proper number of automobiles may also be stored in the garage. Mr. James Addis, 25721 Ave. Pedregal, and Mr. Russ Carpenter, 25691 Via del Rey, addressed the Council. It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried that staff be directed to enforce the provisions of Ordinance No. 115, Section 5.08.4-A(2)b in the same manner which is currently being used. That pro- cedure is as follows: A homeowners association taking notice of a problem has identified violators and has transmitted the list to the Planning Department. The Planning Department has then had the Land Use Inspection Officer notify each of the violators of the regulations of the City and requested conformity. If action is not taken within a certain period of time, legal action is initiated through the City Attorney's office. 3. RECREATIONAL VEHICLE PARKING - VILLAGE SAN JUAN Council received copies of a report dated March 19, 1975, from the Director of Planning forwarding a letter from Al Mahan, President of Village San Juan Homeowners Association, regarding the lack of recreational vehicle parking in the development. The developer has indicated that a permanent parking facility will be completed in June, 1975. Council directed the Planning Director to monitor the item and report back to Council in 30 days. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. LOCAL AGENCY FORMATION COMMISSION REQUEST FOR CITY REPORT - Council received copies of a memorandum dated March 19, 19759 from the Director of Public Works regarding the proposed annexation to the Dana Point Sanitary District of property to the south of Camino del Avion and west of Del Obispo Street which is contiguous to the City limits and adjacent to our partial sphere of influence. This matter has been set for hearing before LAFCO on March 26, 1975, and the Commission has requested receipt of comments from the City prior to that date. It was moved by Councilman Byrnes, seconded by Coun;ilman' Heckscher and unanimously carried to formally request an extension of time for the hearing date before the Local Agency Formation Commission so that City staff may be allowed to examine the matter further. It was moved by Councilman Heckscher, seconded by Councilman -8- 3/19/75 Byrnes and unanimously carried that if the above request for an extension of time for the hearing date is not granted, the City shall register its objections to the proposed annexation and direct staff to take such actions as necessary for more formal investigation of the issues. 2. LANDSCAPING PROJECT - SAN JUAN CREEK ROAD AT CAMINO CAPISTRANO SAN DIEGO FREEW Y.RIGHT-OF-W Y Council received copies of a memorandum dated March 19, 1975, from the Director of Public Works regarding a proposed landscape beautification project at the southwest corner of San Juan Creek Road and Camino Capistrano on State freeway right-of-way. The project would be accomplished by the federally -funded CETA employees; the State of California will provide maintenance of the newly -landscaped area upon completion by City personnel. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to approve the landscape beautification project as follows: (1) To authorize the Director of Public Works to make application to the State of California -Cal Trans for an encroachment permit so that City personnel may enter the right-of-way to perform approved landscaping; and (2) To authorize a budget appropriation of $2,500 to cover the cost of the irrigation system, trees, groundcover, necessary materials, and tools. COUNCIL REMARKS 1. CAPISTRANO AIRPORT STUDY Councilman Heckscher inquired into the status of the Capistrano Airport Study; the City Attorney advised that a title report will be forthcoming within two weeks. 2. AGRICULTURAL PRESERVATION Councilman Nash inquired into the status of the letter to be written to the League of California Cities regarding agricultural preservation. 3. SIGNS Councilman Nash inquired into the status of the advertising sign for the Capistrano Mobile Home Pageant located on San Juan Creek Road since the business is no longer in operation. The Director of Planning advised that a time schedule is involved for the abatement of such signs. . 4. WEED ABATEMENT Councilman Nash requested that specific action be taken to abate weeds on properties adjacent to agricultural crops as soon as possible. The matter was referred to the Public Works Director. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:55 P.M. to the next Regular Meeting date of Wednesday, April 2, 1975, at 7:00 P.M. in the City Council Chamber. APPROVED: Respectfully submitted, ,�-,�AMES K. WEATHERS, ayor MARY ANN ANOVER, City Clerk /' -9- 3/19/75