73-0813_CC_Minutes_Regular MeetingAUGUST 13, 1973
REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
A regular meeting of the City Council was called to order at
7:00 p.m. by Mayor Byrnes.
The Pledge of Allegiance was recited. Invocation was given by
Councilman James F. Thorpe.
Roll Call: Councilmen present: Roy L. Byrnes, Edward S. Chermak,
Josh Gammell, James F. Thorpe,
James K. Weathers
Councilmen absent: None
Ex officio: Andersen, Kubota, Madsen, Murphy, Okazaki, O'Sullivan,
Smith, Weidner
Approval of Minutes - None
Moved by Councilman Thorpe, seconded by Councilman Gammell, and
unanimously carried, to have all ordinances and resolutions for this
meeting read by title only.
PUBLIC HEARINGS
1. Abatement of Abandoned Vehicle - Calle Lucana Street.
Mayor Byrnes declared the public hearing open.
A letter from E. C. Twitchell, owner of property where subject
vehicle is located, was presented, and denys any responsibility for
the presence of said vehicle on the property.
No one appeared before the Council to speak on this matter,
and the hearing closed.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to uphold the recommendation of the City Manager
and declare said vehicle to be a public nuisance and order it to be
abated at City's expense.
BIDS, CONTRACTS, AGREEMENTS
1. Approval of Change Order No. 2 with Sully -Miller Contracting
Co. - Camino Capistrano Improvement District No: 1973-1.
It was recommended by the City Engineer in a report dated August
8, 1973, that Council approve the requested change order to provide for
the construction of an additional lane of pavement in the southbound
of Alipaz Street between Station 130+65 and Station 141+54 for the
total amount of $9,619.20. He,stated that final costs will be based on
the actual quantities of work incorporated in the construction, and that
City funds according to the 1973-74 budget shall be utilized for this
project.
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Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to uphold the foregoing recommendation of the
City Engineer.
2. Approval of Plans and Specifications for Mobile Office for
Planning Department.
It was pointed out by the Director of.Finance that prospective
bidders will present proposals as close to the specifications as possible.
The Director of Planning stated that said structure will conform
to all building and safety requirements. He added that the State strictly
regulates construction of all mobile offices and therefore will have to
be approved by same.
Moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried, to approve the foregoing plans and specifica-
tions for a mobile office as submitted.
ORDINANCES, RESOLUTIONS
1. Resolution Designating Director of Public Works as Superin-
tendent of Streets.
Moved by Councilman Gammell, seconded by Councilman Thorpe, and
unanimously carried, to adopt Resolution No. 73-8-13-1, designating
the Director of Public Works as the Superintendent of Streets in accord-
ance with Section 36505 of the Government Code.
Attorney Okazaki read the foregoing resolution by title only.
2. First Reading of Proposed Ordinance Regulating the Use of
Firearms and Other Weapons.
Moved by Councilman Thorpe, seconded by Councilman Weathers, to
introduce Ordinance No. 236, regulating the use of firearms and other
weapons, with the addition to paragraph two after the words "target
ranges" the words "or designated or posted hunting preserves"..
Following discussion it was suggested by Mayor Byrnes that the
words "when used in a manner" be inserted in paragraph one following
the word "missiles".
During course of consideration the Council indicated it was their
intent not to prohibit the local farmer from protecting his crops
by the use of firearms nor that everyone discharging firearms first
obtain Council approval.
The motion as moved by Councilman Thorpe was voted upon and LOST
by a 3 to 2 vote. Councilmen Thorpe and Weathers voted aye; Councilmen
Byrnes, Chermak, Gammell voted noe. AUG 131973
7 2 The City Attorney was requested to revise the ordinance, bearing
in mind Council's intent, and being back same to next meeting for re-
consideration.
SUBDIVISIONS, ANNBXATIONS
1. Tract No. 7561 - (Harbor Lane Homes) - Exoneration of Bonds
and Acceptance of Public Improvements.
The City Engineer stated that subject Planned -Development located
on the east side of Del Obispo Street south of Camino Del Avion has
been completed and all of the required public improvements as set forth
in the improvement agreement have been constructed. He recommended that
Council formally accept all public improvements and exonerate Bonds No.
888079 and 888080 of the General Insurance Company of America.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to uphold the foregoing recommendation of the City
Engineer.
2. Approval of Final Tracts 7160 and 7195 - (Westport) - Between
the Railroad Tracks and Trabuco Creek.
It was recommended by the City Engineer that Council accept the
final tract maps for subject Tracts 7160 and 7195, authorize the execu-
tion of public improvement agreements and three -party agreement and
tract map.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to uphold the foregoing recommendation of the City
Engineer.
PARKS &•RECREATION MATTERS
1. Master Street Tree Plan Proposal.
The Planning Director stated that per Council's action, the contract
for a Street Tree Program was withdrawn from a consultant and the Plan-
ning staff directed to proceed with the project. He presented an outline
of the program and the basic costs involved; stating the costs relate
only to the creation of the original report. The Parks & Recreation Com-
mission have reviewed the proposal.
He further stated that no Council action is necessary unless there
is dissatisfaction with the program.
The Council indicated no objections to the proposal as presented;
thereby directing staff to pursue the program.
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PLANNING COMMISSION MATTERS
1. Report on Recent Commission Actions.
4'73
The foregoing report was presented for informational purposes
only and no Council action was taken.
2. Proposed Grading Policy.
The Planning Director presented the proposed policy for the
processing and approval of grading plans for the City, and requested
comments from the Council. He suggested that representatives from the
County Grading Department attend the next Council meeting and explain
in detail the procedure in handling grading permits.
Following discussion this item was referred back to the Planning
Department to solicit comments from the Planning Commission and for
more definitive wording in the proposed policy.
Councilman Thorpe excused himself from the meeting at 7:55 p.m.
ADMINISTRATIVE
1. Report on Flood Control Submittals.
The City Engineer stated it is necessary for the City to make sub-
mittals to the County Flood Control District by September 1, 1973, for
consideration of projects in the 1974-75 Flood Control Budget. He
recommended that Council approve the submittal of the Oso Creek erosion
problem and the Alipaz Street Storm Drain for consideration in the
budget for 1974-1975, and authorize him to prepare the necessary calcula-
tions, drawings, and submittal forms.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, to uphold the foregoing recommendation of the City
Engineer.
2. Report on various Methods for Creation of Public Parking
Facilities.
The City Manager stated that per Council's request, he has re-
searched the current methods and statutory provisions for the creation
and operation of public parking districts in the City. He presented a
report dated August 9, 1973, outlining the same, and listing various
alternatives for consideration. -
It was suggested by Council that staff duplicate copies of the
foregoing report and forward to the Chamber of Commerce for their perusal
and comments.
Following discussion it was moved by Councilman Weathers, seconded
by Councilman Chermak, and unanimously carried, to create a special
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4:74
committee which would include members of Council, staff, merchants
and property owners for intensive study and recommendations.
Mayor Byrnes appointed Councilmen Thorpe and Weathers as Council's
representatives to this Committee.
3. Report of City Treasurer on 1911 Act Delinquencies.
The Director of Finance stated the subject report was for informa-
tional purposes only and does not require Council action.
4. Approval of Funds for Lease of Two Collating Attachments to
Xerox Machine.
The Director of Finance recommended that in order to free the
public counter and provide a more efficient method of collating all City
documents, two ten bin collating attachments be leased from Xerox at
$110 per month, and that $1320 be allocated from Contingency to Non -
Departmental to pay for the lease.
Moved by Councilman Chermak, seconded by Councilman Gammell, and,
unanimously carried, to approve the foregoing recommendation of the
Director of Finance.
5. Administration of CC&R's in Planned Unit Developments.
The foregoing item was deferred to later in the meeting.
6. Report from Director of Public Works regarding request of
Morris Misbin for Temporary Storage of Earth.
The Director of Public Works stated that should the Council concur
with the proposal of Mr. Misbin, it is recommended that the project be
approved subject to the following conditions:
A. A letter of approval from the property owner of record
requesting this storage and acknowledging these conditions.
B. The site returned to its existing condition or modified
as approved by the City Council prior to August 1, 1975.
C. Plans approved and permits obtained for earth removal
and site restoration prior to April 1, 1975.
D. Right of entry from the legal property owner allowing the
City of San Juan Capistrano or its assignees to enter the
property for the removal of said earth or such modifica-
tions as may be necessary to protect the health, safety
and welfare of the general public.
E. The placement of a $100,000 bond to assure the removal of
the dirt, or as an alternate, a 3 -party agreement. Also,
the placement of a $1,000 cash bond, subject to the
discretion of the Director of Public Works for the
initial placement of the dirt to handle any contingencies
as to damage of public improvements, etc.
The City Manager stated that Mr. Misbin's proposal has had very
brief input from staff and it would be his suggestion that Council only
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consider temporary storage of the dirt, and not the possibility of< 1745
permanent storage.
Mr. Morris Misbin, applicant, discussed the placement of the dirt
in relation to the freeway, including height, elevation and compaction.
Moved by Councilman Gammell, seconded by Councilman Weathers,
to approve the proposal, subject to conditions A thru E as recommended
by the Director of Public Works, with the proviso that condition "B"
be reviewed at yearly intervals by the City Council.
Councilman Gammell stated he feels the City should have the option
to remove the dirt if deemed necessary.
Following further discussion Councilman Gammell withdrew the
proviso that condition "B" be reviewed at yearly intervals by the Council,
with the consent of Councilman Weathers.
Councilman Thorpe returned to the meeting at8:30 p.m.
The foregoing motion was voted upon and carried with Councilman
Thorpe abstaining.
5. Administration of Covenants, Conditions and Restrictions
in Planned Unit Developments.
The City Manager stated that Council has expressed a continuing
concern with a lack of adherence to design and architectural controls and
detailed Covenants, Conditions and Restrictions imposed by the City on
property owners and residents of planned unit developments. He pre-
sented a report dated August 7, 1973, relative to the problems in
enforcing same and listed various enforcement methods utilized by some
Orange County cities.
A report was also presented from the Associate City Attorney
dated August 13, 1973, stating in essence, that it seems reasonable that
the only type of CC&R violation that the City, as opposed to the affected
property owners, should undertake to correct is one which imposes a
general City-wide burden and one which constitutes a violation of approved
Final Site Plans.
During course of discussion Councilman Thorpe indicated this
matter needs further study and suggested a committee be formed to consider
all viewpoints. He stated he would propose a resolution later in the
meeting.
COMMUNICATIONS - (Oral)
1. Mrs. Leona Fitzpatrick, Realtor, stated she is most interested
in Council's concern over CC&R's, and feels the City should follow through
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476
with the enforcement.
RECESS - 8:45 - 8:55 P.M.
COMMUNICATIONS - (Written)
1. Capistrano Unified School District regarding School Sites.
Mayor Byrnes stated that the Board of Trustees of the Capistrano
Unified School District has taken action requesting that the cities and
county government adopt ordinances that would require developers to sell
school sites to school districts at their costs, as provided for by
A.B. 687 in the regular 1972 session of the State Legislature.
The City Manager reported that the City of San Clemente also re-
ceived a copy of the foregoing letter and to date have taken no action
other than noting and filing. He further stated that the cities of
Orange, Santa Ana, Seal Beach, Garden Grove and Cypress were contacted
to determine if their Council has taken any official action in this
regard and the response was negative.
Following discussion it was moved by Councilman Thorpe, seconded
by Councilman Weathers, and unanimously carried, to request that the
County, the City of San Clemente and the Capistrano Unified School
District meet in further discussions of alternate solutions to the problems
as cited in the letter of the Capistrano Unified School Dist., April 26.
2. Response from Pacific Telephone Co. - Relocation of Telephone
Junction Box.
The City Manager stated this item has been deleted and will be
on the August 27 agenda.
CONSENT CALENDAR MATTERS - NONE
COMMITTEE REPORTS
1. Oral Report by Councilman Thorpe on Intergovernmental Co-
ordinating Council.
Mr. Thorpe advised that a new Director has been appointed with
an office in the Bank of America building in Orange. The next two meetin,,
of the Coordinating Council will primarily deal with the proposed policy,
where is it going to go, and what is its proper role.
2. Report on Civic Center Site.
The Planning Director stated that Councilmen Chermak and Thorpe,
members of a sub -committee to study potential civic center sites, have
approached him in order to get a reading on a possible location for a
civic center facility on a parcel of land in the area of Alipaz Street.
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He presented a report dated August 9, 1973, summarizing two
major areas of concern from a planning and land -use relationship.
Councilmen Chermak and Thorpe requested an expression from the
Council as to whether the subject of civic center sites should be
pursued by their sub -committee or the matter deferred to a later
time.
The Planning Director stated that due to other priorities
presently being worked on by the planning staff and consultants, he
would suggest that the sub -committee defer further study until approxi-
mately November or December.
Councilman Thorpe suggested the sub -committee meet with the
planning consultants to discuss the particular civic center sites under
consideration at this time in order to assure that their program focuses
on this issue. There were no objections and so ordered.
STAFF REPORT
1. Public Works Monthly Activity Report.
The foregoing report was for informational purposes only and
no Council action necessary.
WARRANTS
1. Approval of Warrants for Period Ending August 13, 1973.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, to approve warrant numbers 2214 thru 2287 and 0105
thru 0109 for the total amount of $364,754.70.
COUNCIL REMARKS
1. Mayor Byrnes announced that the City of Huntington Beach is
holding their second annual Bicycle Grand Prix on August 19 and are
requesting all mayors and councilmen in Orange County to participate.
2. Mayor Byrnes reminded the Council of the Annual League of
California Cities Conference to be held in San Francisco, October 21
thru 24.
3. Mayor Byrnes announced that the City of Orange is celebrating
their 100th birthday and are conducting various festivities August 31,
September 1 and 2.
4. Councilman Thorpe made reference to administration of CC&R's
in planned unit developments and moved to adopt Resolution No. 73-8-13-2
as follows:
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1. That the City establish a committee for considera-
tion of all viewpoints and hopeful solution to the
problems in the administration of CC&R's in planned
unit developments, and the Mayor requested to con-
sider a broad selection of members to serve on said
committee.
2. That during the time the committee is meeting and
attempting to resolve the issue, the City accept
no new applications for planned unit developments,
(including rezones or maps for P -D), effective
this date. This does not affect any planned
development presently being processed at this time.
3. That the existence of this committee be reviewed
6 months from this date if it has not accomplished _
its purpose.
The motion was seconded by Councilman Gammell and carried
unanimously.
Attorney Okazaki read the foregoing resolution by title only.
5. Councilman Weathers requested the Director of Public Works
to continue to pursue the odor problem emitting from Mr. Reeder's
sludge truck.
6. Councilman Weathers stated he was contacted by some of the
citizens who donated funds to purchase trees for Four Oaks Park and
questioned if the trees are to be included in the development. Council-
man Thorpe replied in the affirmative.
7. Councilman Gammell questioned the status of Serra Park.
The City Engineer replied that the bulk of the temporary storage
of fill has been removed and the site is almost ready for development.
The City Manager stated that some time ago Westport submitted
approved development plans for Serra Park which were reviewed by the
Parks & Recreation Commission and the City Council.
The Mayor requested that the development plans again be reviewed
by the Parks & Recreation Commission, and that the Capistrano Garden
Homeowners Association be invited to attend the Commission meeting.
Mayor Byrnes adjourned the meeting to a personnel session at
10:03 p.m.
During personnel session the following action was taken:
Moved by Councilman Weathers, seconded by Councilman Chermak, and
unanimously carried, to appoint Michael Lewis to the Architectural Board
of Review.
Moved by Councilman Gammell, seconded by Councilman Chermak, and
unanimously carried, to appoint Patrick Grant to the Parks & Recreation
Commission.
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479
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to appoint Sandra McKay to the Parks & Recrea-
tion Commission.
There being no further business the meeting adjourned at 10:15 p.m.
ATTEST:
City Clerk
Roy L. Byrnes,
the City of Sa
.D., Mayor of
Juan Capistrano
AUG 131973