75-0903_CC_Minutes_Regular MeetingSEPTEMBER 3, 1975
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 Dr. Milford Baker, member of the Capistrano Valley Baptist
Church.
ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
COUNCILMEN ABSENT: Councilman Roy L. Byrnes
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; George Lohnes, Associate
Civil Engineer; John O'Sullivan, Director of Administrative
Services; David J. Smith, Director of Planning; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of August 13, 1975, be approved as submitted.
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of August 18, 1975, be approved with the following addition
to Page 1, City Manager - Account 11: "The City Manager was
directed to report on use of funds and CETA guidelines."
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that the Minutes of the Regular Meeting of
August 20, 1975, be approved as submitted.
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of August 21, 1975, be approved as submitted.
It was moved by Councilman Sweeney, seconded by Councilman Nash and
unanimously carried that the Minutes of the Adjourned Regular
Meeting of August 25, 1975, be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried that all resolutions and ordinances be
read by title only.
BIDS. CONTRACTS. AGREEMENTS
1. DEL OBISPO STREET MEDIAN STRIP -
APPROVAL OF PLANS AND PECIFIC TIONS AND CALL FOR BIDS
Council received copies of a report dated September 3, 1975,
from the Director of Public Works regarding the plans and
specifications prepared for the raised, landscaped median
strip to be installed on Del Obispo Street between Camino
Capistrano and the railway crossing. The median is to
consist of curbs, landscaping, irrigation system, and
colored concrete. The Traffic Committee has recommended a
solid median with a left turn pocket to allow eastbound
traffic access to the E1 Adobe Plaza shopping area.
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The landscaping plans provide for vertical -type sycamore
trees to be planted 20 feet on center and low ground cover.
The Director of Public Works has recommended that containerized
trees be placed in position for evaluation of visual obstruc-
tion to motorists and pedestrians prior to permanent planting
of the trees.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve the plans and
specifications, with the trees deleted from the bid format,,
and to authorize the call for bids for performance of the
project. Authorization is also granted for the procurement
of up to fifteen trees so that their placement may be
evaluated during construction of the median strip.
2. PUBLIC WORKS VEHICLE STORAGE BUILDING -
W D OF BID
Council received copies of a report dated September 3, 1975,
from the Director of Public Works regarding the vehicle
storage building to be located in the southerly area of the
City Hall property. Forwarded also was a capitulation of
bids received on August 22, 1975.
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried to accept the low bid, by
unit price, in the total amount of $25,322.80 from Consolidated
Construction Corporation of Orange, California, to authorize
the Mayor to execute the contract for the project on behalf
of the City, and to reject all other bids.
3. USE OF CITY WATER POLLUTION CONTROL FACILITY -
REGIONAL OCCUPATIONAL PROGRAM TR.I ING P OGR�vf
Council received copies of a report dated September 3, 1975,
from the Director of Public Works forwarding copies of a
proposed Agreement between the City and the Capistrano -
Laguna Regional Occupational Program which would provide
for the use of a laboratory at the Water Pollution Control
Facility for the training of high school students in the
science and technique of water treatment.
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried to approve the Agreement
for joint participation between the City and the Capistrano -
Laguna Regional Occupational Program, to authorize the Mayor
to execute the Agreement on behalf of the City, and the
City Clerk to attest thereto.
4. ORANGE COUNTY EMPLOYEES' RETIREMENT SYSTEM -
CITY PARTICIPATION GREEMENT
Council received copies of a report dated September 3, 1975,
from the Director of Administrative Services forwarding a
proposed Agreement between the City and the Board of
Retirement of the Orange County Employees' Retirement System
which provides for participation in the County System by
City employees.
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried to approve the Agreement between
the City and the Board of Retirement of the Orange County
Employees' Retirement System, to authorize the Mayor to
execute the Agreement on behalf of the City, and the City
Clerk to attest thereto.
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PUBLIC HEARINGS
1. REQUEST FOR RATE INCREASES -
STORER C BLE TV, INC.
Council received copies of a report dated September 3, 1975,
from the Director of Administrative Services regarding the
request for rate increases, as submitted by Storer Cable
TV, Inc. Mayor Weathers advised the audience that the staff
recommendation is that Storer TV mail a questionnaire
requesting citizen comment regarding service problems; City
staff would receive the responses and analyze them for
Council review. The cost to the City would be approximately
$200. The Director of Administrative Services advised that
staff analysis of questionnaire results would take about
two months; however, if Council desires a detailed study of
franchise criteria and data in general, the study should
be undertaken by a consultant.
Mr. Rick Mardock, Resident Manager of Storer Cable TV,
addressed the Council to clarify that their request is
strictly for an increase in monthly service rates and
that there will be no changes in installation fees.
Notice having been given as provided by law, Mayor Weathers
declared the Public Hearing open on the request for rate
increases received from Storer Cable TV, Inc., and inquired
if anyone in the audience wished to address the Council on
this matter. The following persons addressed the Council
in opposition to the requested increases:
a. Harold Glasser, Chairman of the Board of Governors,
San Juan Hills Homeowners Association, Tract 5414.
b. Judy Beggs, 31931 Calle Winona.
C. Marvin Mayes, Treasurer, Capistrano Villas
Homeowners Association No. 2.
d. Darrell E. Rains, Treasurer, Capistrano Villas
Homeowners Association No. 3.
Copies of letters dated August 11, 1975 and August 28, 1975,
from Storer TV were received, as were written communications
from the following:
a. Harold Glasser, San Juan Hills Homeowners Association.
b. Marvin Mayes, Capistrano Villas Association No. 2.
C. Darrell Rains, Capistrano Villas Association No. 3.
d. Diane Lawrence.
e. Edith Dowell, Casas Capistrano Association.
f. Jeffrey M. Hylton, 25625 Calle La Fuente.
g. D. Reeder, 32652 Carreterra Drive.
There being no one else wishing to address the Council,
Mayor Weathers declared the Public Hearing closed with the
right to re -open at any time.
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried to request that Storer Cable TV
mail a questionnaire to residents receiving their service
and to authorize Staff to receive the responses at
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City Hall for analysis; The Director of
Administrative Services is to investigate conditions to
the granting of franchises in other areas and possible
alternative methods of providing cable television service.
The City Attorney was requested to provide a thorough
review of the granting of franchises by the City and to
advise Council as to the City's position with regard to
taking over the service and making cable television a
public utility.
BIDS, CONTRACTS, AGREEMENTS (continued)
1. PROPOSED AGREEMENT FOR SANITARY SEWERS -
P SEO CIELO VERRICO
Council received copies of a report dated September 3, 1975,
from the Director of Public Works forwarding a proposed
reimbursement agreement for sanitary sewers on Paseo Cielo.
The proposed sewerline would join the existing sanitary
sewer in Calle Aspero and extend easterly along Paseo Cielo
for a distance of 600 feet. Mr. Olindo Verrico, 31851
Paseo Cielo, has submitted plans for the installation of
the sewer line in conjunction with the construction of his
residence. Mr. Verrico has also submitted a letter dated
August 18, 1975, requesting City funding of the project and
Mr. Verrico addressed the Council regarding this request.
He stated he would be willing to pay his pro rata share of
the construction costs. The area in question consists of
twelve lots, five of which are unimproved.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried that the City finance the
sewerline on Paseo Cielo subject to review by the City
Attorney and subject to the completion of reimbursement
agreements. The City would be reimbursed immediately by
Mr. Verrico, Mr. Robinson and Dr. Sturdevant.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to authorize the City Engineer
to prepare plans and specifications and to advertise for
bids for the construction of the Paseo Cielo sewerline.
PUBLIC HEARINGS (continued)
1. ADOPTION OF 1975-76 FISCAL BUDGET
The Director of Administrative Services advised that
inadvertently Capital Projects had not been included in
the proposed Resolution submitted to Council. The amended
General Fund total is $1,740,827.
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing open on the proposed adoption of
the City budget for fiscal year 1975-76 and inquired if
anyone in the audience wished to address the Council.
The following persons addressed the Council:
a. Al Arps, representing the Capistrano Community
Affairs Council, 32802 Valle Road, #85.
b. Jim Vanderhoof, 25692 Via del Rey.
C. Marilyn Williams, 29931 Camino Capistrano.
d. Judy Beggs, 31931 Calle Winona.
There being no one else wishing to address the Council,
Mayor Weathers declared the Public Hearing closed with the
right to re -open at any time.
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RESOLUTION NO. 75-9-3-1: 1975-76 FISCAL BUDGET -
A RESOLUTION OF THE CITY ODUNCIL OF THE CITY OF -MN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE CITY BUDGET FOR THE
FISCAL YEAR 1975-76
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-9-3-1
be adopted.
RECESS AND RECONVENE
Council recessed at 9:25 P.M. and reconvened at 9:37 P.M.
LAND USE MANAGEMENT CODE -
ORDINANCE N0. INTRODUCTION)
Council received copies of a report dated September 3, 1975,
from the Acting Director of Planning forwarding a composite list.
of all Land Use Management Code items referred back to the
Planning Commission by the City Council, along with further
Planning Commission recommendations. The following members
of the Commission addressed the Council: Phil Schwartze, re
Home Occupations; Ken Friess, re Tree Preservation and Pets;
Robert Davies re Sign Requirements. Council took the following
actions:
Sign Requirements: It was moved by Councilman Nash and
seconded y Councilman Heckscher to retain the 10% limitation
on increases in sign area or height, as set forth in the
exception factor, Section 3.6.3.C5. The result of the vote
on the motion was as follows:
AYES: Councilmen Nash and Heckscher
NOES: Councilman Sweeney and Mayor Weathers
ABSENT: Councilman Byrnes
Council then addressed the items listed for special discussion
on Page 18 of the report, as follows: .
1. Tree Preservation, Sections 2.3.9 and 3.6.18 -
It was moved gy Councilman Nash, seconded by Councilman
Heckscher and unanimously carried that, with the exception
of changing the size of the trees to be exempted from a 3"
diameter measured at a height of 3' above ground to a 6"
diameter measured at a height 6' above ground, the remaining
tree preservation requirements are to be retained.
2. Special District Precise Plans, Section 3.4.22.F -
Time limitation on adoption of SP precise plan. It was
the consensus of the Council that no Council action was
necessary.
3. Minimum Street Frontages, Section 3.4.22.F -
Minimum street frontages should be 150 feet in the RA and
EL Districts and 90 feet in the ES District; minimum side
yard setbacks in the EL District should be 20 feet instead
of 15 feet. It was the consensus of the Council that no
Council action was necessary.
4. Air Conditioning Requirement in Noise Management District,
Section .5.C2 -
Change "shall be equipped" to "may be equipped."
It was the consensus of the Council that no Council action
was necessary.
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5. Sign Heights, Section 3.6.3 -
The m`Pf aximum four foot height for monument signs in the
CT District should be retained; for pole signs there should
be a minimum height of eight feet to the bottom of a pole
sign so that the area from the ground to the bottom of the
sign would remain open; the maximum pole sign height should
then be left at fifteen feet.
It was moved by Councilman Nash and seconded by Councilman
Heckscher to retain the maximum four foot height for monument
signs in the CT District; for pole signs there should be a
maximum height of eight feet to the bottom of a pole sign.
hl�ult of the vote on the motion was as follows:
AYES: Councilmen Nash and Heckscher _
NOES: Councilman Sweeney and Mayor Weathers
ABSENT: Councilman Byrnes
6. Sign Requirements (exception factor), Section 3.6.3.C5 -
The Commission recommen ation is t at 10% limitation on
increase in sign area or height be retained.
It was the consensus of the Council that no Council action `
is necessary,
7. Home Occupation Restrictions, Section 3.6.11.B3 -
Persons other than members of the immediate family shall
not be regularly employed on the premises. It was the
consensus of the Council that no Council action is necessary.
Home Occupation Restrictions, Section 3.6.11.114 -
ome occupation shall no use the residential address for
soliciting, advertising, or promoting the home occupation.
It was the consensus of the Council that no Council action
is necessary; however, Council noted that the words "at that
residential address" should be added at the end of the
sentence, and also noted that it will be permitted to use
the address for receiving mail and for use on business cards.
8. Domestic Pets, Section 3.6.19 -
Deletion of the Section.
It was the consensus of the Council that no Council action
is necessary.
9. Steepness of Slopes, Section 4.1,12 -
It was move y ouncilman Nash, seconded by Councilman
Sweeney and unanimously carried to insert the following, as
recommended by the Commission: "No cut or fill slopes shall
be steeper than two horizontal to one vertical,"
10. Equestrian Facility Standards, Section 3.6.21B -
Include the requirement that all new subdivisions of 20,000
square foot lots or larger be required to provide equestrian
access. It was the consensus of the Council that no Council
action is necessary.
ORDINANCE NO. 293: LAND USE MANAGEMENT -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING THE LAND USE MANAGEMENT CODE was read by title by
the City Attorney. Further reading of all ordinances was
waived earlier in the meeting.
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried that Ordinance No. 293 be
introduced.
Mayor Weathers directed that the proposed Resolution setting
forth a Statement of Overriding Concern, as supplied by the
Director of Planning, be considered at the meeting of
September 17, 1975,
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PUBLIC HEARINGS (continued)
1. HOME WARRANTY PROGRAM -
ORDINANCE NO. 29 INTRODUCTION)
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing open on the proposed adoption
of the Home Warranty Program and inquired if anyone in the
audience wished to address the Council. Roger Grable, of
the law firm of Rutan & Tucker, addressed the Council; and,
there being no further participation, Mayor Weathers declared
the Public Hearing closed.
It was the consensus of the Council that the sellers form
of financial security,as set forth in Section 4 of the
proposed ordinance, would be placed in interest bearing
accounts.
ORDINANCE NO. 294: HOME WARRANTY PROGRAM -
N ORDINANCE OF THE CITY OF SAN JUCAPISTRANO, CALIFORNIA,
REQUIRING SELLERS OF NEW RESIDENTIAL DWELLING UNITS TO
PROVIDE HOME WARRANTIES TO INSURE AGAINST FAULTY WORKMANSHIP
AND MATERIALS AND MAJOR CONSTRUCTION DEFECTS was read by
title by Councilman Sweeney. Further reading of all
ordinances was waived earlier in the meeting.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that Ordinance No. 294 be
introduced.
CONSENT CALENDAR
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried that the staff recommendations be
approved with regard to the following matters:
1. APPROVAL OF WARRANTS OF SEPTEMBER 3, 1975
The List of Demands dated September 3, 1975, Warrant
Nos. 5668 through 5728, inclusive, in the total amount of
$236,486.92, was approved as submitted.
2. REPORT OF PLANNING COMMISSION AC'T'IONS OF 8/12 AND 8/19/75
The Report of actions taken by the Planning Commission at
their meetings of August 12 and August 19, 1975, was
received for information.
3. REQUESTS FOR SOLICITATION PERMITS
a. Camp Fire Girls, Orange County Council, Candy Sale,
January , 976 - February 9, 1976. The request and
application are approved as submitted.
b. Arthritis Foundation, Orange County Branch, fund raising
campaign, Month of February, 1976. The request is
approved, contingent upon receipt of a completed
Solicitation Application Form.
4. PROCLAMATION - WORLD LITERACY DAY
Monday, September 8, 1975, is proclaimed "World Literacy
Day" in the City.
5. PROCLAMATION - CONSTITUTION WEEK
The week of September 15 - 20, 1975, is proclaimed
"Constitution Week" in the City.
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6.
REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS
The Report of actions taken by the Cultural Heritage
Commission at their meetings of July 1, 1975, and August 19,
1975, was received for information.
7. YEAR END BUDGET TRANSFERS AND APPROVAL OF
OVER -EXPENDED BU - FISCAL YEAT-fTr-T--75
RESOLUTION NO. 75-9-3-2: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
THE CITY BUDGET FOR THE FISCAL YEAR 1974-75 AND AUTHORIZING
CERTAIN BUDGET OVEREXPF.NDITURES AND TRANSFERS OF FUNDS is
adopted.
ORAL COMMUNICATIONS
1. CAPISTRANO BEACH HIGHWAY OVERPASS
Jim Vanderhoof, 25692 Via del Rey, addressed the Council
and advised that he has established a legal aid fund as
"No Dirt Ocean Bridge" in order to institute an action
for alternate design of the bridge being constructed by
the California Department of Transportation in Capistrano
Beach.
EXECUTIVE SESSION - PERSONNEL
Council recessed to a personnel session at 10:55 P.M. and
reconvened at 11:42 P.M.
CITY TREASURER - SALARY INCREASE
It was moved by Councilman Sweeney; seconded by Councilman
Heckscher that the City Treasurer's salary be increased to
$250.00 per month. The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash and Heckscher
NOES: Mayor Weathers
ABSENT: Councilman Byrnes
ADJOURNMENT
The meeting was adjourned at 11:44 P.M. to the next meeting date
of Wednesday, September 10, 1975, at 7:00 P.M. in the City
Council Chamber for continuation of the September 3rd City Council
Agenda and for a joint meeting with the members of the Planning
Commission for consideration of the Via de Agua traffic situation,
APPROVED:
Respectfully submitted,
i
N7LR:11OVE1C, CITY CLERK
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