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.
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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
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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
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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.
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3/19/75
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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.
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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;
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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.
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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
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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
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