75-1119_CC_Minutes_Regular MeetingNOVEMBER 19, 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 7:15 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Mayor Weathers welcomed
Pastor Bob Scott, of. the Community Christian Church, to the
community and Pastor Scott gave the invocation.
ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Yvon 0. Heckscher
Councilman Douglas B. Nash
COUNCILMEN ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services; William D. Murphy, Director
of Public Works/City Engineer; David J. Smith, Director of
Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City
Clerk.
MINUTES
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that the Minutes of the Regular Meeting of November 5,
1975, be approved with the following addition on Page 7, at the
end of Item No. 3, "Approval of Tentative Tract 9034;" "In
response to an inquiry from Councilman Sweeney, Mr. Martin
affirmed that there was a possibility that the San Juan Hills
Golf Course would eventually be changed from a public to a
private course." The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Weathers
NOES: None
ABSTAIN: Councilman Byrnes
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that all resolutions and ordinances be
read by title only.
BIDS, CONTRACTS, AGREEMENTS
1. PASEO CIELO SEWER - NOTICE OF COMPLETION
At the request of the Public Works Director, this item was
removed from the Agenda. The matter will be considered at
a future Council meeting,
2. PROPOSED TREE TRIMMING SERVICES PROJECT - LOS RIOS AREA
Council received copies cf a report dated November 19, 1975,
from the Director of Public Works forwarding a, proposal from
The Tree People for trimming and maintenance of trees both
inside and outside of the public right-of-way on Los Rios Street.
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A right -of -entry would be necessary in order to properly 5
trim the trees and due to the fact that some of the trees
are on private property. The project is proposed due to the
possible danger of tree limbs falling into the public right -
of -way and was initiated by the Planning Department. The
Cultural heritage Commission has withdrawn its support of
the project pending further consideration of the matter by
the Commission.
It was moved by Councilman Nash and seconded by Councilman
Heckscher that, based.on the information available at the
present time, the project be denied without further deliber-
ation. The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash and Heckscher
NOES: Councilman Byrnes and Mayor Weathers
ABSENT: None
3. DEL OBSIPO STREET MEDIAN STRIP - AWARD OF CONTRACT
Council received copies of a report dated November 19, 1975,
from the Director of Public Works forwarding a summary of
the bid received on November 11th from D.W. Contracting
Company for the construction of the Del Obispo Street median
strip between Camino Capistrano and the railroad tracks.
The plans and specifications were approved by Council on
September 3, 1975.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to accept the low qualifying
bid from D.W. Contracting Company in the amount of $7,505.00
for the unit price bid, to award the contract, and to
authorize the Mayor to execute the agreement on behalf of
the City and the City Clerk to attest thereto.
4. DEL OBISPO STREET BRIDGE APPROACH -
FINAL REPORT AND NOTICE OF COMPLETION (R.J. NOBLE COMPANY
Council received copies of a report dated November 19, 1975,
from the Director of Public Works advising that the construc-
tion of the Del Obispo Street bridge approach has been
completed by R.J. Noble Company, in accordance with the plans
and specifications, at a•total project cost of $7,179.40.
RESOLUTION NO. 75-11-19-1 - COMPLETION OF DEL OBISPO STREET
BRIDGE APPROACH - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO
BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUC-
TION OF DEL OBISPO STREET BRIDGE APPROACH
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-11-19-1
be adopted. The Resolution accepts the work and directs
that a Notice of Completion be filed with the Orange County
Recorder within ten days of the date of acceptance.
It was moved by Councilman Byrnes, seconded.by Councilman
Sweeney and unanimously carried to direct staff to make pay-
ment to R.J. Noble Company in the amount of $6,461.46; and,
upon expiration of thirty-five days from the date of recording
the Notice of Completion, to make final payment in the amount
of $717.94.
5. PUBLIC WORKS VEHICLE STORAGE BUILDING -
EXTENSION OF TIME CHANGE ORDER NO. 1
Council received copies of a report dated November 19, 1975,
from the Director of Public Works forwarding copies of Change
Order No. 1, for the construction of the Public Works Vehicle
Storage Building. An extension of time is requested due to
unavoidable delays in delivery of documents and materials.
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8 It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve Change Order
No. 1 for Consolidated Construction Corporation, which will
provide a forty -.five calendar day time extension to the
contract for the Public Works Vehicle Storage Building
Proj ec t.
6. PUBLIC WORKS 60 -INCH PARK MOWER -
APPROVAL OF SPECIFICATIONS AND CALL FOR
Council received copies of a report dated November 19, 1975,
from the Director of Public Works forwarding specifications
for a 60 -inch park mower for the Public Works Department,
as approved.in the 1975-76 fiscal budget.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to approve the specifications
as submitted and to authorize the Director of Administrative
Services to advertise and. obtain bids for one 60 -inch park
mower, as approved in the current City budget.
PUBLIC HEARINGS
1. ENVIRONMENTAL IMPACT REPORT FOR RZ 75-1
PUEBLO SERRA PLANNED COMMUNITY
Notice having been given as required by law, Mayor Weathers
declared the public hearingopen on the adequacy of the
environmental impact report for the proposed Pueblo Serra
Planned Community and inquired if anyone in the audience
wished to address the Council. The proposed project is
located on Camino Capistrano in the vicinity of Junipero
Serra Road and Oso Road. The following persons addressed
the Council:
a. Ron Yeo, Architect, 500 Jasmine Avenue, Corona del
Mar, and environmental consultant for the project.
b. Lloyd Ross, representing the applicant, First
Commercial, Inc.
There being no one else wishing to address the Council on
this matter, Mayor Weathers declared the Public Hearing
closed with the right to re -open at any time.
Council discussion of road and bridge alignments and consis-
tency with the General Plan ensued. Randy Williams, 29131
Camino Capistrano, also addressed the Council and stated it
was his understanding that re -alignment of Camino Capistrano
nortli of Junipero Serra would not be accomplished until there
is development of the area.
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried to find that the Environmental
Impact Report submitted for RZ 75-1 (Pueblo Serra Planned -+
Community) is adequate and note that the Environmental Impact
Report has been submitted for information only and that its
acceptance is not to be construed as concurrence with all
the data provided within it, or as being favorable or
unfavorable to the project.
2. ZONE CHANGE REQUEST 75-1 -
PUEBLO SERRA PLANNED COMFfU_NITY
Council received copies of a report dated November 19, 1975,
from the Director of Planning, forwarding copies of the
District Regulations for the proposed Pueblo Serra Planned
Community. The requested zone change is from GM (Growth
Management) to PC (Planned Community).
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Notice having been given as required by law, Mayor Weathers
declared the Public Hearing open on the request for zone
change 75-1 for Pueblo Serra Planned Community and inquired
if anyone in the audience wished to addressed the Council.
There being no response, Mayor Weathers declared the Public
Hearing closed with the right to re -open at any time.
ORDINANCE NO. 297: RZ 75-1 (PUEBLO SERRA) GM - PC -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING OFFICIAL ZONING MAP AND DISTRICT REGULATIONS ADOPTED
BY ORDINANCE NO. 293, SECTION 3.1.2, DESIGNATED AS AMENDMENT
NO. 1 (INTRODUCTION) as 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
Sweeney and unanimously carried that Ordinance No. 297 be
introduced.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. ORTEGA HIGHWAY STATUS REPORT - FUNDING PROPOSALS
This item was heard early on the Agenda as requested by
representatives of Orange County.
Mr. Peter Herman, Executive Assistant, addressed the Council
on behalf of Supervisor Thomas F. Riley, and presented a
letter dated November 19, 1975, from the Supervisor, advising
that the County Environmental Management Agency has produced
a plan for the improvement of the Ortega. Highway which was
endorsed by the Board of Supervisors on November 4, 1975.
The County was authorized to enter into a funding agreement
with the City.
Mr. Carl Nelson, Assistant Director, Orange County Environ-
mental Management Agency, addressed the Council and presented
a background report of actions taken by the County since May
of 1975 regarding funding proposals for the improvement of
the Ortega Highway. Since State Caltrans funds are not
being committed for new projects, a city -county financing
plan is proposed which would substitute local highway funds
for State funds in order to match Federal funds. The County
would provide $200,000, the City would allocate $100,000 in
1976-77 gas tax funds, anyd Federal aid highway funds would
provide approximately 83% of the total construction cost.
Caltrans would design the project. The proposed improvements
include a 4 -lane improvement from the San Diego Freeway to
La Novia; a 2 -lane realignment and complete reconstruction
from La Novia to La Pata; and, a well-designed intersection
at La Pata to accommodate refuse disposal traffic.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to give conceptual approval
of the recommendations contained in the Board of Supervisors
Resolution No. 75-1543 dated November 4, 1975, as follows:
a. The City is to commit its fiscal year 1976-77 highway
users funds to the project;
b. AHFP funds are to be appropriated for an unbalanced
project to provide matching funds;
C. The Director of the Environmental Management Agency is
authorized to present the matter to the Caltrans Distriot
Staff for approval.of concept, and the preparation of an
agreement between the City, the County of Orange and the
State of California for financing the project is authorized.
Also, City staff is authorized
Highway Commission on November
Ortega highway funding.
to appear before the California
21, 1975, to testify regarding
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53
o ESOI.UTIONS
1. PROPOSED FIRE STATION SITE ON DEL OBISPO STREET
Council received copies of a report dated November 19, 1975,
from the City Manager forwarding a proposed resolution
endorsing the location of a future fire station on the west
side of Del Obispo Street between the Ortega Highway and
Camino Capistrano. The City Manager gave an oral report of
sites considered during meetings with County and local agency
representatives and advised that although the County would
not be required to submit an environmental impact report,
City guidelines are normally followed as a courtesy matter.
Jean Lacouague, Chief of the San Juan Capistrano Volunteer
Fire Department,addressed the Council and advised that the
Del Obispo site was favored due to its prime location and
that the County had requested formal preference for a site
from the City.
RESOLUTION NO. 75-11-19-2: PROPOSED FIRE STATION LOCATION -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ENDORSING A SITE WITHIN THE CITY OF
SAN JUAN CAPISTRANO FOR A FIRE STATION
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-11-19-2
be adopted.
ORAL COMMUNICATIONS
AGRICULTURAL PRESERVATION PROGRAM
The following persons addressed the Council on this matter:
1. Mr. Randy Williams read a letter dated November 12, 1975,
from Charles D. Swanner in opposition to the proposed
City Agricultural Preservation Program.
2. Mr. Harold Medina, Vice President', Harbor Lane Homeowners
Association spoke in favor of the program and the
extension of the agricultural overlay.
3. Mrs. Barbara Davies, representing Town Hall Association,
spoke in favor of the program and the extension of the
agricultural overlay.
4. Mr. Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach,
spoke in opposition to the extension of the agricultural
overlay.
RECESS AND RECONVENE
Council recessed at 9:20 P.M. and reconvened at 9:35 P.M.
CONSENT CALENDAR
The Director of Administrative Services requested that the List
of Demands be removed from the Consent Calendar for separate
consideration.
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that the staff recommendations be approved
with regard to all other Consent Calendar items, as follows:
1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF 10/31/75
The City Treasurer's Report of Investments for the period
ending October 31, 1975, was received for information.
2. REPORT OF 1911 ACT BOND DELINQUENCIES AS OF 11/4/75
The City Treasurer's Report of 1911 Act Bond delinquencies
as of November 4, 1975, was received for information.
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3. PROCLAMATION - WEEK OF CONCERN 11/16 - 11/23/75 531
(MARCH OF DIMES)
The period November 16 through 23, 1975, is proclaimed "Week
of Concern" in the City, as requested by the National
Foundation - March of Dimes.
4. REPORT OF PLANNING COMMISSION ACTIONS FOR 11/4/75
The Report of actions taken by the Planning Commission at
its regular meeting of November 4, 1975, was received for
information.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS FOR 11/4/75
The Report of actions taken by the Cultural Heritage Commis-
sion at its regular meeting of November 4, 1975, was
received for information.
6. REOUEST FOR SOLICITATION PERMIT - MONTH OF FEBRUARY, 1976
(AMERICAN HEART ASSOCIATION)
The request of the Orange County Chapter of the American
Heart Association for permission to solicit for funds within
the City during the month of February, 1976, was approved,
contingent upon receipt of a completed Solicitation Applica-
tion Form.
7. CITY SAFE DEPOSIT BOX SIGNATURES
The signatures of James S. Mocalis, City Manager; Charles V.
Neal, City Treasurer; and John O'Sullivan, Director of
Administrative Services, are authorized for use of the City
safe deposit box at California First Bank.
8. APPROVAL OF WARRANTS
The Director of Administrative Services advised that Warrant
No. 6070 is to be removed from the List of Demands and
voided since the Paseo Cielo sewer report was removed from
the Agenda. After clarification of other warrants, it was
moved by Councilman Byrnes, seconded by Councilman Sweeney
an unanimously carried that the List of Demands dated
November 19, 1975, Warrant Nos. 6013 through 6148, excluding
No. 6070, and including 1911 Act Account Warrant Nos. 0165,
0166 and 0167, in the amended total amount of $136,555.55,
be approved.
DIRECTOR OF PLANNING
1. REQUEST TO CONDUCT SWAP MEET - MISSION VIEJO JAYCEES
Council received copies of a report dated November 19, 19751
from the Director of Planning forwarding an application for
a Temporary Use Permit from the Mission Viejo Jaycees to
conduct_a Giant Flea Market on Sunday, November 23, 19750
From 7:00 A.M. to 3:30 P.M. at the Mission Drive -In Theater.
Thd proceeds of the event are to be used to purchase
paramedic equipment. Council discussed the staff recommenda-
tion that swap meets .not be conducted within the City limits
due to policing problems and the fact that the event was
advertised prior to.Council consideration of the matter.
Mr. Mike Eggers, 29246 Edgewood Road, addressed the Council
and read a letter dated November 18, 1975, from William G.
Kearns, President, South Coast Jaycees, urging Council
approval of the event. Mr. Eggers advised that the Jaycees
would provide traffic control and would cooperate with the
Sheriff's Department
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532
RESOLUTION NO. 75-11-19-3: TEMPORARY USE PERMIT (SWAP MEET) -
A RESOLUTION OF THE CITY COUNCIL OF TILE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING RECIUEST OF MISSION VIEJO
JAYCEES FOR PERMISSION TO CONDUCT GIANT FLEA MARKET FOR
OPERATION LIFESAVER
It was moved by Councilman Byrnes and seconded by Councilman
Sweeney that Resolution No. 75-11-19-3 be adopted with the
understanding that the approval was granted for this specific
event and that the granting of the Temporary Use Permit does
not imply a policy direction from the City Council with
regard to swap meets in general. The motion carried by the
following vote:
AYES: Councilmen Sweeney, Byrnes and Mayor
Weathers
NOES: Councilman Nash
ABSTAIN: Councilman Heckscher
ABSENT: None
SUBDIVISIONS AND ANNEXATIONS
1. TENTATIVE PARCEL MAP 75-6 (MURALT)
Council received copies of a report dated November 19, 1975,
from the Director of Planning and copies of Planning Commis-
sion Resolution PC 75-11-4-4 approving Division of Land
75-5, a division of approximately 3.91 acres of land located
on the west side of Camino Capistrano south of San Juan
Creek into three parcels. Members of the Planning Commission
had expressed concern with piecemeal development in the area;
It %as moved by Councilman Nash and seconded by Councilman
Heckscher that Tentative Parcel Map 75-5 be denied.
Mr. David Muralt, 4001 Calle Juno, San Clemente, developer
of the property, addressed the Council. The Director of
Planning addressed the problems of undergound utilities and
street improvements.
The above motion then failed by the following votd:
AYES: Councilmen Nash and Sweeney
NOES: Councilmen Byrnes, Heckscher and Mayor Weathers
ABSENT: None
It was moved by Councilman Byrnes and seconded by Councilman
Heckscher that Tentative Parcel Map 75-5 (Muralt) be approved
based upon the findings and actions of the Planning Commis-
sion. The motion carried by the following vote:
AYES: Councilmen Byrnes, Heckscher and Mayor Weathers
NOES: Councilmen Sweeney and Nash
ABSENT: None
2. TENTATIVE PARCEL MAP.75-6 (SMYTH)
Council received copies of a report dated November 19,1975,
.from the Director of Planning regarding Tentative Parcel Map
75 which which would create a `21,000 square foot lot from
approximately 5.45 existing acres. The property is located
on the northwest corner of Camino Capistrano and Avenida
Aeropuerto. Copies of Planning Commission Resolution
PC 75-11-4-1 were also provided..
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11/19/75
X33
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that Tentative Parcel Map 75-6 (Smyth)
be approved based upon the findings and actions of the
Planning Commission of consistency with the General Plan and
adherence to Land Use Management Code requirements.
ADMINISTRATIVE ITEMS:
CITY MANAGER
1. AGRICULTURAL PRESERVATION STUDY REPORT
Pursuant to Council direction at the meeting of November 5,
1975, Council received copies of a report dated November 19,
1975, from the City Manager outlining proposed actions to
implement the Agricultural Preservation Program, proposed
Ordinance wording declaring Council intention to proceed
with the Program, proposed Opinion O,uestions wording, and
alternative actions regarding placement of the matter on the
March 2, 1976, municipal ballot. Forwarded also were copies
of reports from the Director of Planning covering the Phase
III report, alternative ballot measures, and the formation
of a committee to discuss the program with affected property
owners, and commentary from the Director of Administrative
Services and the City Clerk.
Council members discussed the following: Whether an ordinance
should be adopted in support of the agricultural program or
whether the matter should be placed on the ballot in the
form of a proposition; whether an extension of the agricul-
tural overlay should be supported; whether preservation
should be in the form of open space acquisition; whether
specific properties set forth in the General Plan should be
identified.
It was moved by Councilman Byrnes and seconded by Councilman
Sweeney that the City Council not adopt an ordinance in
support of agricultural preservation in the City. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Byrnes and Mayor Weathers
NOES: Councilmen Nash and Heckscher
ABSENT: None
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried that the City Clerk be
directed to place opinion questions on the ballot for the
Marchi 2, 1976, General Municipal Election. Council suggested
a ballot proposition that would outline a program of agricul-
tural preservation and ask the voters whether or not they would
be supportive of a tax allocation as a means of raising funds
for acquiring and controlling areas designated for agriculture.
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried that staff be directed to
prepare a document which would serve as a preamble for the
ballot questions which would include Council's intention
that the areas proposed to be designated for agricultural
preservation are specific areas and are currently within the
agricultural overlay. "
Mayor Weathers directed t;iat staff provide a sliding scale of
development fees for new residential construction based on
home values.
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4 It was moved by Councilman Nash and seconded by Councilman
3IIeckscher that General Plan Amendment No. 2 be initiated to
determine whether the existing Agricultural Overlay should
be retained, modified, or extended. The motion failed by
the following vote:
AYES: Councilmen Nash and IIeckscher
NOES: Councilmen Sweeney, Byrnes and Mayor Weathers
ABSENT: None
DIRECTOR OF ADMINISTRATIVE SERVICES
1. EVALUATION OF CABLE TELEVISION SERVICES
Council received copies of a report dated November 19, 1975,
from the Director of Administrative Services forwarding a
proposal and fee schedule from Cable Dynamics, Inc., for
evaluation of the City's CATV operation, ordinance, franchises
and rate structures.
Council requested receipt of a report including cost estimates
for the evaluation and more explicit information of what
would be included in the study by Cable Dynamics.
ADJOURNMENT , 11 1
Pursuant to Resolution No /75-3-5-6, Mayor Weathers declared the
Council meeting adjourned until the following Wednesday, November
26, 1975, at 7:00 P.M. in the City Council Chamber for completion
of the Agenda.
Respectfully submitted,
MARY ANfHANOVER, CITY CLERK
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