75-0702_CC_Minutes_Regular Meeting412
JULY 2, 1975
REGULAR MEETING 01' THE CITY COUNCIL
SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council was called to order by
Mayor Pro Tempore John B. Sweeney at 7:15 P.M. in the City
Council Chamber, followed by the Pledge of Allegiance to the
Flag. Invocation was giver, by Father John Martin of the Old
Mission Church.
ROLL CALL: COUNCILMEN PRESENT: John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Douglas B. Nash
COUNCILMEN ABSENT: James K. Weathers, Mayor
Councilman Yvon O. Heckscher
STAFF PRESENT: James S. Mocalis, City Manager/Deputy City Clerk;
John O'Sullivan, Director of Administrative Services; William D.
Murphy, Director of Public Works/City Engineer; George Lohnes,
Associate Civil Engineer; David J. Smith, Director of Planning;
James Okazaki, City Attorney; Patricia B. Hector, Administrative
Secretary.
MINUTES
It was moved by Councilman Byrnes, seconded by Councilman Nash
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of June 11, 1975, be approved as submitted.
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that the Minutes of the Regular Meeting
of June 18, 1975, be approved with the following correction on
Page 4, third paragraph from the bottom: ". . . increase to
$6.50 per dwelling unit" rather than "$0.50."
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Byrnes, seconded by Councilman Nash
and unanimously carried that all ordinances and resolutions be
read by title only.
BIDS, CONTRACTS, AGREEMENTS
1. COUNTY HEALTH SERVICES - EXTENSION OF AGREEMENT
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried to approve the Agreement extending
County Health Services through June 30, 1976, to authorize
the Mayor to execute the Agreement on behalf of the City,
and the City Clerk to attest thereto.
2. STREET IMPROVEMENTS - ACCEPT LETTER OF CREDIT IN LIEU OF BOND
Council received copies of a report dated July 2, 1975, from
the Director of Public Works regarding a request from the
Capistrano Valley Baptist Church that the City accept a
Letter of Credit in the amount of $20,700 in lieu of a bond
for street improvements. The work to be performed includes
the construction of sidewalks, curb and gutter, and street
paving on Del Obispo Street for a driveway approach associated
with the construction of new church facilities.
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried to accept the Letter of Credit
in the amount of $20,700, drawn on the Bank of America,
San Juan Capistrano Branch, from the Capistrano Valley
Baptist Church in lieu of a bond for street improvements,
and to have the City Attorney approve the Letter of Credit
as to form and legality.
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413
3. COUNTY LAW ENFORCEMENT SERVICES - APPROVAL OF AGREEMENT
Council received copies of a report dated July 2, 1975,
from the City Manager outlining three proposals for law
enforcement services submitted by the Orange County
Sheriff's Department. On June 18, 1975, copies of the
original proposed contract for law enforcement services
for 1975-76 were distributed to Council for their perusal.
Captain Walter Fath of the Sheriff's Department addressed
the Council and stated that all three proposals were
equally acceptable to the Sheriff's Department. Proposal II
was recommended by the City Manager on the basis that it is
the same as the current level of service except for the
additional one-half investigative unit.
It was moved by Councilman Nash, seconded by Councilman
Byrnes and unanimously carried to approve Proposal II, to
authorize the Mayor to execute the Agreement for Law
Enforcement Services for fiscal year 1975-76 on behalf of
the City, and the City Clerk to attest thereto.
4. AGRICULTURAL STUDY, PHASE II il
Mayor pro tem Sweeney presented an oral report of the
Agricultural Committee Meeting, and Council received copies
of a report dated July 2, 1975, from the Director of
Planning recommending the undertaking of Phase II of the
Agricultural Study.
It was moved by Councilman Nash and seconded by Mayor pro tem
Sweeney that Phase II of the Agricultural Study be undertaken
at a cost not to exceed $8,000. The scope of the study is
not to be limited at this point. The motion carried by the
following vote:
AYES: Councilman Nash and Mayor pro tem Sweeney
NOES: Councilman Byrnes
ABSENT: Councilman Heckscher and Mayor Weathers
PUBLIC HEARINGS
1. REQUEST FOR CABLE TV RATE INCREASE, -
TM COMMUNICATIONS (CONTINUATION)
Council received copies of a memorandum dated June 23, 1975,
from the Director of Administrative Services requesting
Council to continue this item to the Meeting of July 16, 1975,
in order to allow Staff and TM Communications to thoroughly
address Council's questions on the proposed rate increase.
Notice having been given as required by law, Mayor pro tem
Sweeney declared the Public Hearing on the request of TM
Communications for increases in their cable television rate
schedules re -opened and inquired if anyone in the audience
wished to address the Council. There being no one wishing
to address the Council, Mayor pro tem Sweeney declared
the Public Hearing continued to Wednesday, July 16, 1975,
at 7:00 P.M. in the City Council Chamber.
2. RESOLUTION ESTABLISHING NEW SUBDIVISION FEES AND
BOND SCHEDULES - SET PUBLIC HEARING DATE
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried to set Wednesday, August 6,
1975, at 7:00 P.M. in the City Council Chamber as the hearing
date on a proposed Resolution establishing new subdivision
fees and bond schedules.
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414
3. CONFIRMATION OF WEED ABATEMENT CHARGES -
Council received copies of a memorandum dated July 2, 1975,
from the Director of Public Works stating that in accordance
with Ordinance No. 287, Weed and Refuse Abatement, approved
by the City Council on April 16, 1975, a contract has been
let and the weed and refuse abatement completed.
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried to set Wednesday, July 16, 1975,
at 7:00 P.M. in the City Council Chamber, as the date for
the Public Hearing establishing weed abatement charges to
be assessed against the appropriate properties in the City.
4. LAND USE MANAGEMENT CODE (CONTINUAT
Notice having been given as required by law, Mayor pro tem
Sweeney announced that this is the time and place set for
the continuation of the Public Hearing on the proposed Land
Use Management Code and inquired if anyone in the audience
wished to present general testimony on the Code. The City
Manager suggested that Council accept public testimony and
defer Council discussion to the end of the Agenda. Council
agreed. The following persons addressed the Council:
Mrs. Carol Olivares, regarding the impact of the Code
on her property on E1 Camino Real.
Roland Olsen, 25952 Ave. Mariposa, asked when copies of
revised Chapters 1 and 2 of the Code would be available.
The City Manager advised that meetings had been con-
cluded and copies would be available during the week
of July 7, 1975. Councilman Byrnes asked Mr. Olsen if
he would provide Council with copies of the material
he referred to during the last Council meeting.
Mr. Olsen agreed.
The Director of Planning advised that the City has received
a letter dated June 30, 1975, from Haworth-Anderson-Lafer,
copies of which were distributed this date to members of the
City Council and Planning Commission.
There being no one else wishing to address the Council,
Mayor pro tem Sweeney declared the Public Hearing closed with
the right to re -open at any time.
CITY COUNCIL - PHOTOGRAPHS
Councilman Byrnes presented a photograph of past Councilman
Antonio M. Olivares, and stated that Council would like to obtain
photographs of other past members of the City Council.
ORAL COMMUNICATIONS
1. Jim Vanderhoof, 25692 Via del Rey, addressed the Council
in opposition to the Coast Iiighway Bridge Project. Mr.
V"anderhoof gave a detailed oral report of his efforts to
date and requested Council's support in opposition to this
project.
RESOLUTION NO. 75-7-2-1: PACIFIC COAST HIGHWAY CONSTRUCTION,
SAN JUAN CREEK - A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY
OF SAN JUA—N—CXPISTRANO, CALIFORNIA, REQUESTING THE DEPARTMENT
OF TRANSPORTATION, STATE OF CALIFORNIA, TO REVIEW ALTERNATIVE
CONSTRUCTION OF THE INTERSTATE ROUTE 5 CONNECTION OF THE
PACIFIC COAST HIGHWAY
It was moved by Councilman Byrnes, seconded by Councilman
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415
Nash and unanimously carried that Resolution No. 75-7-2-1
be adopted expressing the City's concern for visual
impairments created by the design of the project and further,
to request Caltrans to report on feasible alternatives which
may be undertaken to mitigate visual impairment. Copies
of the Resolution are to be submitted to Supervisor Riley,
the Coastal Commission, Congressional Office, and Assembly-
man Badham.
WRITTEN COMMUNICATIONS
1. LETTER IN OPPOSITION TO COAST HIGHWAY
BRIDGE PROJECT VANDERHOOF
Mayor pro tem Sweeney stated that this item had been covered
under "Oral Communications."
2, REQUEST FOR FUNDS FOR REPRESENTATION BEFORE
PUBLIC UTILITIES COMMISSION T.U.R.N,
Council received copies of a letter dated June 4, 1975,
from Sylvia M. Siegel, Executive Director of Toward Utility
Rate Normalization (T.U.R.N.), requesting an appropriation
of $500 from the City to help defray expenses in represent-
ing constituents in P.G. & E., Southern California Edison,
telephone rate cases, and energy matters. Mayor pro tem
Sweeney directed that this matter be referred to Staff for
consideration and recommendation. The City Manager advised
Council that Mrs. Siegel indicated that she would forward
documentation of their efforts in other cities; however,
said documentation has not yet arrived.
RECESS AND RECONVENE
Council recessed at 8:20 P.M. and reconvened at 8:35 P.M.
CONSENT CALENDAR
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that the staff recommendations be
approved with regard to the following matters:
1. APPROVAL OF WARRANTS
The List of Demands dated June 30, 1975, Warrant Nos. 5329
through 5417, inclusive, and 1911 Act Account Warrant No.
0158 in the total amount of $213,177.91 were approved as
submitted.
2. REPORT OF PLANNING COMMISSION ACTIONS FOR JUNE 17. 1975
The report of actions taken by the Planning Commission at
their regular meeting of June 17, 1975, was received for
information.
3. FINAL REPORT - DEL OBISPO STREET IMPROVEMENTS, AHFP 686
RESOLUTION NO. 75-7-2-2: DEL OBISPO STREET AHFP FUNDS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN—M-AR
CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE
TO INCREASE THEIR ALLOCATION FROM ARTERIAL HIGHWAY
FINANCING PROGRAM FOR THE DEVELOPMENT OF DEL OBISPO STREET
FROM LOS RIOS STREET TO CAMINO CAPISTRANO - AHFP NO. 686
is adopted. The final report of Del Obispo Street from
Los Rios Street to Camino Capistrano, AHFP No. 686 is
received and filed.
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416
4. ORTEGA HIGHWAY SIDEWALK PROJECT -
NO ICE OF COMPLETION
RESOLUTION NO, 75-7-2-3: COMPLETION OF ORTEGA HIGHWAY
SIDEWALK A RESOLUTION OF THE CITY COUNCIL OF THE CIT
OF SAN TUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO
BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
RECONSTRUCTION OF ORTEGA HIGHWAY SIDEWALK
is adopted. The Resolution determines that the work has
been completed in accordance with the contract documents and
declares the work to be accepted. The total amount of work
performed under the contract is in the sum of $13,357.
Within ten days from the date of acceptance, the City Clerk
is to file a Notice of Completion with the Orange County
Recorder. Upon the expiration of thirty-five days from the
filing of the Notice of Completion, Staff is directed to
make payment to D. W. Contracting Company in the amount of
$1,335.70.
5. ACCEPTANCE OF STREET IMPROVEMENTS AND NEW BONDS,
TRACT 6742 PACESETTER
The street improvements in Tract 6742 have been completed
and are accepted by the City. The existing bonds ($289,400)
have been released and the City accepts a new bond for a
lesser amount ($75,000).
6. LANDSCAPING PROJECT ON FREEWAY RIGHT-OF-WAY -
S N JUAN CREEK ROAD AND C MINO CAPI TRANO
The landscape beautification project has been approved and
the Director of Public Works has been authorized to obtain
the necessary encroachment permit from Caltrans.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. AIRPORT REPORT
The City Manager advised Council that both parties requested
that this item be continued to the next regular meeting of
the City Council and Mayor pro tem Sweeney directed that
the matter be continued to Wednesday, July 16, 1975, at
7:00 P.M. in the City Council Chamber. Councilman Nash
stated it was his understanding that an incident took place
at the airport this date and requested a brief summary
thereof.
2. ORANGE COUNTY FAIR
Council received copies of a report dated July 2, 1975,
from the City Manager stating that the Orange County Fair
Board of Directors has requested the California Horse Racing
Board to grant them 14 days of racing at the Los Alamitos
Racetrack in conjunction with general fair activities,
commencing in 1976. The Orange County Fair has requested
the City Council to support their request. Council was
provided with a list of approximately 20 cities; who have
already given their support.
It was moved by Councilman Byrnes and seconded by Mayor
pro tem Sweeney to send a letter to the California Horse
Racing Board supporting the Orange County Fair Board's
request. The motion carried by the following vote:
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AYES:
NOES:
ABSENT
DIRECTOR OF PLANNING
41'7
Councilman Byrnes and Mayor pro tem Sweeney
Councilman Nash
Councilman Heckscher and Mayor Weathers
1. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD -
Council received copies of a report dated July 2, 1975, from
the Director of Planning recommending approval for an
exemption on the basis that the project is consistent with
the densities in the General Plan and will be developed under
the regulations of the Land Use Management Code.
RESOLUTION NO. 75-7-2-4: GRANTING EXEMPTION FROM DEFERRAL
PERIOD - A RESOLUTION I UNCIL OF E CIT O
B -AY -JUAN CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO
TIERRA DEL CABALLO INVESTORS, LIMITED, FOR PROPOSED
RESIDENTIAL DEVELOPMENT FROM THE PROVISIONS OF ORDINANCE
NO. 2651 AS AMENDED
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-7-2-4
be adopted. The exemption is granted upon the condition
that the applicant agrees to process the plans in accordance
with the proposed Land Use Management Code, and that the
application for this project shall not be effective until
the effective date of the Code. Further, the granting of
the exemption in no way binds the Council to an action of
approval, nor is it to be considered as any indication
that an action of approval is being considered.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. UTILITY UNDERGROUNDING - REQUEST FOR WAIVER
Council received copies of a report dated July 2, 1975, from
the Director of Public Works to which was attached a copy
of a letter to Mayor Weathers from Zellner Communities,
Inc., seeking relief from the requirements for undergrounding
of utilities.
It was moved by Councilman Byrnes that this request be
denied. The motion failed for lack of a second.
It was moved by Councilman Nash, seconded
and unanimously carried to table this item
regular meeting, and Staff was directed to
historical and analytical approach to the
BOARDS, COMMITTEES, COMMISSIONS
PLANNING COMMISSION
by Councilman Byrnes
to the next
present a clear
problem.
1. OFF-SITE SUBDIVISIONSIGN VILLAGE SAN JUAN - APPEAL OF
PLANNING COMMISSION E I ZELL E COMMUNITIF' , INC.
Council received copies of a report dated July 2, 1975,
from the Director of Planning along with a copy of the
Planning Commission Staff Report and Minutes.
It was moved by Councilman Nash, seconded by Councilman
Byrnes and unanimously carried to deny the appeal and to
direct that the off-site directional sign for Village San
Juan located at Aguacate Road and Del Obispo Street be
removed within 30 days from the date of this meeting.
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2. PLANNING COMMISSION RE -ORGANIZATION - RESULTS OF ELECTION
Council received copies of a report dated July 2, 1975,
from the Director of Planning regarding the election of
new officers of the Planning Commission, and it was noted
that to date there has been no re -organization. Council
was also presented with a list of applicants for the
Planning Commission. Because some of the applications were
quite old, the City Manager was directed to contact each
applicant by telephone to determine whether or not they
would still like to be considered to serve on the Commission.
3. ACCEPTANCE OF RESIGNATION - COMMISSIONER HEIM
RESOLUTION NO. 75-7-2-5: COMMENDING CAROL HEIM -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, COMMENDING PLANNING COMMISSIONER
CAROL HEIM
It was moved by Mayor pro tem Sweeney, seconded by Councilman
Byrnes and unanimously carried that Resolution No. 75-7-2-5
commending Commissioner Carol Heim for her service on the
Planning Commission and service to the City be adopted.
It was moved by Councilman Byrnes, seconded by Mayor pro tem
Sweeney and unanimously carried to accept the resignation of
Commissioner Heim, effective July 1, 1975, who served on
the Planning Commission since May 5, 1970, and as Chairman
From May 21, 1974, to March 25, 1975.
COUNCIL REMARKS
1. ORTEGA SIDEWALK AND TREES
Councilman_ Nash commented on the favorable appearance of the
newly -installed Ortega Highway sidewalk and trees.
2. MUNICIPAL DIRECTIONAL SIGNS
Staff was directed to have the sign revised to be more
consistent with the City ordinance pertaining to signs.
3. FREEDOM TRAIN
Councilman Byrnes asked the status of the Freedom Train stop
in San Juan Capistrano. The City Manager reported that he
had made telephone contact with John Fry, Assistant General
Manager of the Santa Fe Railroad, who will give further
consideration to our request. The City Manager expects a
call back from Mr. Fry and, at that time, will report to
Council the results of that call.
4. CITY NEWSLETTER - UPDATE PUBLICATION
Councilman Sweeney said he felt this was a very worthwhile
effort and hopes we can continue this update.
LAND USE MANAGEMENT CODE
Council commenced their review of the proposed Land Use
Management Code at Page 3-21 and continued through Page 3-47.
Upon conclusion of their review, the Public Hearing was continued
to the next meeting date of July 9, 1975.
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419
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:21 P.M. to the next meeting date of
Wednesday, July 9, 1975, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
Mary Ann Hanover, City Clerk
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