75-0521_CC_Minutes_Regular MeetingMAY 21, 1975
3'73
REGULAR MEETING OF THE CITY COUNCIL, SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council was called to order by
Mayor Weathers at 7:00 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by
Councilman John B. Sweeney.
ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
COUNCILMEN ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services; William Murphy, Director of
Public Works/City Engineer; George Lohnes, Associate Civil Engineer;
David J. Smith, Director of Planning; James Okazaki, City Attorney;
Mary Ann Hanover, City Clerk.
MINUTES
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of April 30, 1975, be approved with the deletion of the
word "no" between ". . . of policy . . ." and ". . . Environmental
Review Board meetings . . ." in the last paragraph of Page 1.
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that the Minutes of the Regular Meeting
of May 7, 1975, be approved with the insertion of the following
sentence on Page 1, Ortega Highway Sidewalk, before the last
sentence of the first paragraph: "Councilman Sweeney inquired
concerning the allegation made by a resident that stamped concrete
used at another construction site could have caused an increase
in liability insurance."
CITY COUNCIL - POLICIES AND PROCEDURES
It was the consensus of the Council that future Council Minutes
reflect the type & subject to be discussed during Executive Sessions.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that all ordinances and resolutions be
read by title only.
VIA DE AGUA TRAFFIC STUDY (ALTO CAPISTRANO)
' Council received copies of a memorandum dated May 21, 1975, from
the Director of Public Works regarding five alternative proposals
to alleviate the future increase in traffic volumes in the
existing Alto Capistrano area of the City due to the construction
of the Meredith tract. A public hearing was held on May 12th by
the Traffic and Transportation Committee; the Committee recommends
that traffic diverters at the intersection of Avenida Calita and
Via de Agua would not be a satisfactory solution and that Staff
be directed to perform other alternative alignment studies.
Mr. Gary Hausdorfer, President of the Alto Capistrano Homeowners
Association, addressed the Council and recommended that a committee
be formed to study the matter and be given a specific date for
presentation of a report and recommendation to the Council.
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Mayor Weathers set June 4, 1975, at 7:00 P.M. as the date
for the Public Hearing for the proposed increase in cable
television monthly service charges.
3. PROPOSED EXTENSION OF URGENCY ORDINANCE NO. 265
nvr.conTMr A00rnmANr'r. nV 'ZnNTNG ANI) PLANNING APPLICATIONS+
Notice having been given as required by law,
Mayor Weathers announced that this is the time and place set
for the Public Hearing on the proposed extension of the
provisions of Ordinance No. 265, deferring the acceptance
and processing of certain zoning and planning applications
until such time as 411 zoning ordinances are consistent with
the General Plan, and inquired if anyone in the audience
wished to address the Council either for or against the
proposed extension. The following persons addressed the
Council in opposition to the extension of Ordinance No. 265:
1. Justus Gilfillan; 4300 Campus Dr.; Newport Beach,
representing Mission Hills Ranch, Inc.
2. William Molnar; 3190-A Via Buena Vista; Laguna Hills,
representing Carpenters' Union 1648, Dana Point.
3. Frank Forster; Eureka, California.
4. Manuel Perez; 800 N. Main St.; Santa Ana,
Director of Governmental Affairs for the Building
Industry.
5. Lou Center; San Juan Capistrano, California.
6. Coy Hester; 1730 Port Abbey P1., Newport Beach,
representing Mrs. Mildred Jordan.
7. Charles Brandt; 4301 Birch St.; Newport Beach,
representing Paul.Salata.
There being no one else wishing to address the Council on
this matter, Mayor Weathers declared the Public Hearing closed.
Council received copies of a report dated May 21, 1975, from
the Director of Planning regarding the exemption process and
setting forth the status of various projects in the City.
Discussion of the proposed extension of the deferral period
followed.
It was moved by Councilman Byrnes and seconded by Mayor
Weathers that the provisions of Ordinance No. 265 be extended
as an urgency matter for a period of three months, or to the
adoption of the Land Use Management Code, or whichever is
sooner. After discussion of the time frame involved, Council-
man Byrnes amended the motion to provide for a four-month
extension rather than three months, and the seconder concurred.
The vote on the motion was unanimous.
ORDINANCE NO. 289: ZONING AND PLANNING APPLICATIONS -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DEFERRING THE ACCEPTANCE AND PROCESSING OF CERTAIN ZONING AND
APPLICATIONS, EXTENDING THE PROVISIONS OF ORDINANCE NO. 265
(URGENCY) was read by title by the City Attorney. Further
reading of all ordinances was waived earlier in the meeting.
It was moved by Councilms.n Byrnes, seconded by Mayor Weathers
and unanimously carried that Ordinance No. 289, deferring the
acceptance and processing of certain zoning and planning
applications for an additional period of four months or until
the effective date of the Land Use Management Code', whichever
is sooner, be adopted as an urgency matter.
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4. PROPOSED EXTENSION OF ORDINANCE NO. 284 -
377
Notice having been given as required by law,
Mayor Weathers announced that this is the time and place.
set for the Public Hearing on the proposed extension of the
provisions of Ordinance No. 284 requiring land use and other
special permits for structures in the Los Rios Area, and
inquired if anyone wished to address the Council on this
matter. Mr. Vince Romero addressed.the Council relative
to the Ordinance.-
ORDINANCE
rdinance:
ORDINANCE NO. 290: STRUCTURES IN THE "LOS RIOS AREA" -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
EXTENDING THE PROVISIONS OF ORDINANCE NO. 284 REQUIRING LAND
USE AND OTHER SPECIAL PERMITS FOR THE CONSTRUCTION, DEMOLITION,
REFINISHING, RENOVATION OR RELOCATION OF ANY STRUCTURES
LOCATED WITHIN AN AREA BOUNDED BY THE SANTA FE RIGHT-OF-WAY,
MISSION STREET, TRABUCO CREEK AND DEL OBISPO STREET (URGENCY)
was read by title by Councilman Heckscher. Further reading of
all ordinances was waived earlier in the meeting.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that Ordinance No. 290,
extending the provisions of Ordinance No. 284 for a period
of four months or until the effective date of the Land Use
Management Code, whichever is sooner, be adopted as an
urgency matter.
ORDINANCES
1. FARM LABOR CAMP INSPECTION FEES - ADOPTION
Council received copies of a memorandum dated May 21, 1975,
from the City Manager, forwarding copies of Ordinance No. 288
which was introduced by the City Council at the meeting of
April 16, 1975. The memorandum clarified that the annual
permit fee covers any ,inspection initiated by the Orange
County Health Department and that reinspection fees are charged
only when reinspections are necessitated by non-conformance
with the California Labor Code.
ORDINANCE NO. 288: ESTABLISHING FARM LABOR CAMP PERMIT FEES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING FARM LABOR CAMP PERMIT FEES was read by title
by the City Attorney. Further reading of all ordinances was
waived earlier in the meeting.
It was moved by Councilman Byrnes, seconded by Councilman Nash
and unanimously carried that Ordinance No. 288 be adopted.
RESOLUTIONS
1. HUD NATIONAL FLOOD INSURANCE PROGRAM
Council received copies of a memorandum dated May 21, 1975,
from the Director of Public Works regarding the City's appli-
cation to participate in the Housing & Urban Development (HUD)
national flood insurance program. The Associate Civil Engineer
made a slide and oral presentation to Council. The program
provides eligibility for federally subsidized flood damage
insurance for those persons owning structures in areas subject
to inundation by a 100 -year storm.
RESOLUTION NO. 75-5-21-1: NATIONAL FLOOD INSURANCE PROGRAM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REQUIRING THE RECOGNATION OF FLOOD
HAZARDS AS RELATED TO BUILDING PERMITS was read by title by
Councilman Sweeney.
It was moved by Councilman Sweeney, seconded by Councilman
Byrnes and unanimously carried that Resolution No. 75-5-21-1
be adopted.
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378 It was moved by Councilman Sweeney, seconded by Councilman
Byrnes and unanimously carried that Staff be directed to
make application to the National Flood Insurance Program.
The Resolution provides for review by the City Engineer of
all building permit applications for new construction or
substantial improvements, subdivision proposals and propgsed
new developments, and water supply and sanitary sewage systems.
ORAL COMMUNICATIONS
1. STABLES LEASE AGREEMENT
Dr. Gordon Anderson, lessee of the Lone Pine Stable, Lindy
Keith, Drew Anderson, and Robert Maurer addressed the Council
regarding the necessity for moving the stables operation to
an adjacent location.
CONSENT CALENDAR
At the request of Council, the Warrants and the Director of
Administrative Services'Staff Report were removed from the Consent
Calendar.
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that, with the exception of the above-
mentioned items, the staff recommendations be approved with regard
to the following matters:
1. REPORT OF PLANNING COMMISSION ACTIONS
The report of actions taken by the Planning Commission at their
meetings of May 6 and May 13, 1975, was received for information.
2. CITY TREASURER'S REPORT
The City Treasurer's Report of 1911 Act delinquent bonds as
of May 5, 1975, was received for information.
3. STAFF REPORTS FOR APRIL, 1915
Council received copies of the Staff Reports for the month of
April, 1975, from the Planning Department, the Director of
Public Works, and the Engineering, Consultant Engineering,
and Water Pollution Control Facility Divisions of the Public
Works Department, for information.
4. PROCLAMATION - NATIONAL PUBLIC WORKS WEEK
The week of May 18 - 24, 1975, is proclaimed as Public Works
Week in the City.
APPROVAL OF WARRANTS
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that the revised List of Demands dated
May 21, 1975, Warrants Nos. 5130 through 5222, inclusive, in the
total amount of $256,733.05, be approved as submitted. The
Director of Administrative Services is to advise Council of the
type of investment and rate of interest with regard to Warrant
No. 5130 payable to the Bank of America.
DEPARTMENT OF ADMINISTRATIVE SERVICES - STAFF REPORT FOR APRIL, 1975
Council considered the Staff Report for the Department of Adminis-
trative Services for the month of April, 1975, and particularly
the CETA Program and the initiation of a trial program to provide
a counselor from the County Division of Consumer Affairs in the
City Council Chamber for two hours per week.
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It was moved by Councilman Byrnes, seconded by Mayor Weathers
and unanimously carried that the Staff Report be received and
filed.
SUBDIVISIONS AND ANNEXATIONS
1. RELEASE OF IMPROVEMENT BOND TRACT 7112 (PACESETTER)
At the request of the Public {Yorks Director, consideration of
this item was held over to a future meeting.
It was the consensus of the Council that future bond releases
be placed on the Consent Calendar.
2. RELEASE OF MONUMENT BOND, TRACT 7912 (McMICHAEL)
Council received copies of a memorandum dated May 21, 1975,
from the City Engineer's office regarding the release of the
monument bond for Tract 7912. The subdivision is complete;
all public improvements were accepted by the Council on
May 6, 1974.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to accept the monuments and
authorize the exoneration of Bond No. 2-208728 of Safeco
Insurance Company in the amount of $3,000.00.
ADMINISTRATIVE ITEMS
CITY MANAGER
I. REQUEST TO OPERATE FIREWORKS STAND (BAIRD)
The City Manager requested that consideration of this matter
be held over to the meeting of June 4, 1975.
The City Manager advised that the Board of Supervisors had
taken action to amend the County ordinance to restrict the
sale of fireworks to the period from June 28th to July 1st of
each year by persons 16 years of age or older. The matter
will be placed on the June 4, 1975, Council agenda as an
urgency matter.
CITY CLERK
1. STATEMENTS OF ECONOMIC INTERESTS -
CITY MANAGER AND INTERIM CITY MANAGER
Council received copies of the Statements of Economic Interests,
form 7,20 filed by the City Manager and Interim City Manager,
for review, pursuant to Government Code Section 82011 (c),
Proposition 9. The forms were filed in the office of the
City Clerk within the prescribed time periods.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to receive and file the
Statements of Economic Interests filed by City Manager Mocalis
and Interim City Manager O'Sullivan.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. FEDERAL REVENUE SHARING - ENTITLEMENT PERIOD VI
PLANNED USE REPORT FOR FISCAL YEAR 1975-76
Council received copies of a memorandum dated May 210 1975,
from the Director of Administrative Services regarding the
requirement that the City submit a Planned Use Report for
Federal revenue sharing funds for the period July 1, 1975,
through June 30, 1976.
It was moved by Councilman Byrnes, seconded by Councilman
Heckscher and unanimously carried to adopt a plan for the use
of Entitlement Period VI Revenue Sharing Funds in the amount
of $101,888.00 for the acquisition of a Civic Center Site.
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DIRECTOR OF PLANNING
1. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD -
GLEND LE FEDERAL SAVINGS AND LOAN
Council received copies of a report dated May 21, 1975, from
the Director of Planning regarding the request of Glendale
Federal Savings and Loan for an exemption from the deferral
period in order to process a proposed residential development
on approximately 31 acres of land adjacent to the San Juan
Hills Golf Course.
RESOLUTION NO. 75-5-21-2: GRANTING EXEMPTION FROM DEFERRAL
PERIOD -1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JON CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO GLENDALE
FEDERAL SAVINGS AND LOAN ASSOCIATION FOR PROPOSED RESIDENTIAL
DEVELOPMENT FROM THE PROVISIONS OF ORDINANCE NO. 265, AS
AMENDED was read by title by the City Attorney.
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-5-21-2
be adopted.
The granting of this exemption does not indicate a position
either favorable or unfavorable with regard to the proposed
project. By accepting the exemption, the applicant agrees to
process the plans in accordance with the proposed Land Use
Management Code; the tentative map application for this project
will not be effective until the effective date of the Land Use
Management Code.
2. SIGNS FOR MUNICIPAL OFFICES
Council received copies of a report dated May 21, 1975, from
the Director of Planning regarding on-site and off-site signs
for the municipal offices at a total estimated cost of
$855.00.
It was moved by Councilman Byrnes that authorization be given to
obtain flat, painted signs for the main municipal building and the
Planning office at a total cost not to exceed $100.00 for both,
the design to be approved by the City Manager. There was no
second to the motion and Councilman Byrnes withdrew the motion.
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that staff be directed to obtain the following signs
at a total overall cost not to exceed $305.00:
(a) A sign on the main building denoting the
Administrative and Public Works functions; the
sign to be approximately 1' x 41, painted and
sandblasted, single -faced.
(b) A sign on the Planning Office denoting the Planning
function; the sign to be approximately 1' x 4',
painted and sandblasted, single -faced.
The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Weathers
NOES: Councilman Byrnes
ABSENT: None
Mayor Weathers directed that staff attempt to obtain an
off-site Municipal Offices sign to be located at the inter-
section of Paseo Adelanto and Del Opispo Street, the sign to
be of a type similar to one previously located there.
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381
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. TRABUCO CREEI{ BICYLE TRAIL RIGHT -OF -NAY EASEMENT -
APPROVAL OF SETTLEMENT I TE E TATE)
Council received copies of a memorandum dated May 21, 1975,
from the City Engineer's Office regarding right-of-way
required for the construction of the bicycle trails on
Trabuco Creek just south of the City Hall site. A ramp is
to be constructed at this location for continuity of the
County Flood Control District maintenance road.
It was moved by Councilman Heckscher, seconded by Councilman Byrnes
and unanimously carried to approve the expenditure of $552.00
payable to the Forster Estate for the acquisition of an
easement for the Flood Control District for the purpose of
constructing bicycle trails along Trabuco Creek, and to
authorize the Director of Administrative Services to issue
a warrant upon the receipt of the signed easement documents.
2. ORTEGA HIGHWAY STATUS REPORT
Council received copies of a memorandum dated May 21, 1975,
from the Director of Public Works regarding the notification
received from the State Department of Transportation that
the construction schedule for the widening of the Ortega
Highway has been delayed one year to the 1977-78 fiscal year.
The report was received for information.
PARKS AND RECREATION COMMISSION
1. ALTO CAPISTRANO AREA PARKSITE -
AUTHORIZATION TO OBT IN PR I AL
Council received copies of a memorandum dated May 21, 1975,
from the Director of Public.Works regarding the necessity for
an appraisal in conjunction with the proposed acquisition of
a parksite in the Alto Capistrano area of the City. Councilman
Sweeney questioned the feasibility of acquiring Site No. 1,
located at the intersection of Camino Las Ramblas and Via de
Agua, and the traffic safety problems to be considered.
RESOLUTION NO. 75-5-21-3: MODIFICATION OF 1974-75 BUDGET -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE MODIFICATION OF
BUDGET TO INCLUDE COSTS OF AN APPRAISAL FOR PARKSITE NO. 1,
ALTO CAPISTRANO was read by title by the City Attorney.
It was moved by Councilman Heckscher and seconded by Councilman
Nash that Resolution No. 75-5-21-3 be adopted. The motion
carried by the following vote:
AYES: Councilmen Byrnes, Nash, Heckscher and
Mayor Weathers
NOES: Councilman Sweeney
ABSENT: None
Councilman Sweeney noted for the record that his opposition is
with regard to the particular location involved, not the
acquisition of a parksite itself.
It was moved by Councilman Heckscher and seconded by Councilman
Byrnes to authorize the City Manager to acquire the services
of General Appraisal Company for the purpose of an appraisal
report on Parksite No. 1 in the Alto Capistrano area. The
motion carried by the following vote:
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382
AYES: Councilmen Byrnes, Nash, Heckscher and
Mayor Weathers.
NOES: None
ABSTAIN: Councilman Sweeney
TRAFFIC AND TRANSPORTATION COMMITTEE
1. TRAFFIC CONDITIONS ON -LOS PAJAROS (CASAS CAPISTRANO
Council received copies of a memorandum dated May 21, 1975,
from the Director of Public Works regarding traffic safety
conditions on Los Pajaros in the vicinity of Santa Rosalia,
and forwarding a request from the Casas Capistrano Association
that traffic safety improvements be installed. Raised
centerline markers, a 20 MPH speed limit sign and curve
warning sign have been installed, as requested by the
Traffic and Transportation Committee.
It was moved by Councilman Byrnes, seconded by Councilman
Heckscher and unanimously carried to direct staff to continue
monitoring the area of Los Pajaros and Santa Rosalia and
to report to the Traffic and Transportation Committee. Mayor
Weathers directed that a report be forthcoming from the
Commission within 90 days.
COUNCIL REMARKS
1. COUNCIL MEMBERSHIP ON COMMITTEES
Councilman Sweeney raised the question of Council members
serving on committees. He pointed out that Council would
have a more objective view of situations and there would be
more opportunity for citizen participation if Council members
did not serve on committees. General Discussion followed.
2. AGRICULTURAL STEERING COMMITTEE
Councilman Byrnes announced that he could no longer.serve on
the Agricultural Steering Committee, since he is unable to
attend the meetings.
3. HOME WARRANTY PROGRAM - LAND USE MANAGEMENT CODE
Councilman Sweeney requested that the proposed Home Warranty
Program be placed on the Council Agenda as a separate
ordinance, rather than as a part of the Land Use Management
Code, and possibly incorporated into the Code at a later date.
4. PLANNING COMMISSION
Councilman Sweeney requested that persons interested in
serving on the Planning Commission notify the Council of
their interest, since there will be an opening on the
Commission in the near future.
5. CITY COUNCIL CORRESPONDENCE
Councilman Sweeney expressed his appreciation to Councilman
Byrnes for responding to the letter dated March 18, 1975,
from the Capistrano Community Affairs Council, and requested
that all letters addressed to the Council receive a response.
6. LAND USE MANAGEMENT CODE
Councilman Byrnes stated that the proposed Land Use Management
Code was so all inclusive that he would have to request
justification from the framers of the ordinance.
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383
7. BICENTENNIAL COMMITTEE - MOMENTOS
It was moved by Mayor Weathers and seconded by Councilman
Ileckscher to authorize the purchase of 10 California
Banknote bookmarks, as presented by the Bicentennial
Committee, for distribution to the members of the Planning
Commission and City Council. The cost for the leather
bookmarks is approximately $3.00 each. The motion was
subsequently amended to authorize the purchase of 50
bookmarks, the seconder concurred with the amendment, and
the motion passed unanimously.
8. BICENTENNIAL COMMITTEE - FREEDOM TRAIN
By Resolution No. 75-4-2-81 the City Council formally invited
the American Bicentennial Freedom Train Foundation to schedule
a stop of the train in San Juan Capistrano. Mayor Weathers
advised that a portion of the ticket sales receipts will be
utilized for expenses of the visit and especially for providing
overnight accommodations for the Freedom Train staff. It was
the consensus of the Council that conceptual support be given
for the City to pay expenses over and above the ticket sales
receipts, if necessary. Staff was directed to contact other
cities in which the Train has stopped in order to estimate
possible costs to the City. Councilman Byrnes suggested that
a letter be written to Supervisor Riley requesting his support
of a Freedom Train visit in this City.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 10:26 P.M. to the next regular meeting date of
Wednesday, June 4, 1975, at 7:00 P.M. in the City Council Chamber.
APPROVED:
Respectfully submitted,
A MW
• CLERK
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