Loading...
75-1203_CC_Minutes_Regular MeetingDECEMBER 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 7:03 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Mr. Dale Hickey of the Capistrano Valley Baptist Church. 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 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 Byrnes, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Regular Meeting of November 19, 1975, be approved as submitted. MOTION TO READ BY TITLE ONLY It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried that all resolutions and ordinances be read by title only. PARKS AND RECREATION PROGRAM - PRESENTATION Council received copies of a report dated December 3, 1975, from the City Manager forwarding the Recreation Needs Assessment Study as compiled by the Parks and Recreation Commission, the ad hoc Citizens' Recreation Appraisal Committee, and City staff. Jill Clark, member of the Commission, addressed the Council and provided background information on the study sessions held in evaluating recreation needs. The following ad hoc Committee Chairmen addressed the Council: Carol Heim, Facilities; Brett Shears, Active Recreation; Barbara Jean Neal, Educational and Cultural Activities. Minnie Surles, Commission Chariman, also addressed the Council and set forth the recommendations presented. Mrs. Surles also announced her intention to resign from the Commission the first of next.year. Council also received copies of a letter from ex -Commissioner Jim Thorpe urging Council support of the recreation program. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to determine that a community recreation program is an important objective for the City to study within the scope of the 5 -year budget; staff is directed to immediately initiate the programs which are totally or substantially self- suppoxting and to meet with the Capistrano Unified School District staff for the purpose of working out cooperative recreation agreements, those agreements to be reviewed by the Parks and Recreation Commission. Staff is also to investigate the possible use by the City of the School District's taxing capacity for recreation programs. -1- 12/3/75 Mayor Weathers thanked the persons who worked on the study and commended them for their service to the City. BIDS, CONTRACTS, AGREEMENTS 1. AWARD OF BID - TON PICK UP TRUCK - al Council received copies of a report dated December 3, 19750 from David B. Smith, Administrative Assistant, forwarding a compilation of bids received for a one-half ton pick-up truck for the Engineering Division of the Public Works Department. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to accept the qualifying bid from Roger Miller Chevrolet, Inc., in the total amount of $4,498.11 and to reject all other bids received. ORDINANCES 1. ORDINANCE NO. 297 - ADOPTION ORDINANCE NO. 297: RZ 75-1, PUEBLO SERRA PLANNED COMMUNITY GAI - 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 was read by title by the City Attorney. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Ordinance No. 297 be adopted: ORAL COMMUNICATIONS 1. SUBDIVISION DEVELOPMENT - LEADERSIIIP HOUSING SYSTEMS Mr. Bart Pitts, representing Leadership Housing Systems, addressed the Council regarding the proposed development of property located along the Ortega Highway in the vicinity of Calle Arroyo. 2. PROPOSED AGRICULTURAL PRESERVATION PROGRAM Randy Williams, 29931 Camino Capistrano, addressed the Council. and presented a letter in opposition to the proposed Agricultural Preservation Program which appears later on the Agenda. 3. Cliff Bantel, Villa San Juan, addressed the Council regarding rising costs of rentals at mobile home parks and stated he would like to submit a report in the near future for Council consideration. Council suggested that the report be expanded to include not only .local conditions but input from County- wide and State-wide organizations. 4. AGRICULTURAL PRESERVATION PROGRAM - PROPOSED BALLOT PROPOSITION Marilyn Williams, 29931 Camino Capistrano, addressed the Council and presented a letter regarding the proposed ballot proposition which appears later on the Agenda. She suggested that the maximum amount of City expenditure and a time frame be established for placement on the ballot, and that taxes should be levied only on developed land within the City. Leo Chade, 31872 Calle Winona, addressed the Council in opposition to the development fee of $500 per unit which appears on the proposed ballot question as a means of financing the Agricultural Preservation Program. -2- 12/3/75 Stuart N(`'i-; 32126 Paseo Sanchez, addressed the Council to suggest +_-a t more time be allowed for study before this is presented to the voters. WRITTEN COMMUNICATIONS 1. PROPOSED OFFICIAL CITY TREE Council received copies of a letter dated November 17, 1975, from Natalie T. Mitchell, Secretary, San Juan Beautiful, suggesting that the Sycamore be selected as the official City tree. Mayor Weathers directed that Cultural Heritage Commission Council. CONSENT CALENDAR the matter be referred to the for study and report back to It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to accept the staff recommendations with regard to the Consent Calendar items as follows: 1. APPROVAL OF WARRANTS The List of Demands, Warrants Nos. 6149 through 6211 inclusive, and 1911 Act Account Warrant No. 0168, in the total amount of $159,765.99, was approved as submitted. 2. REQUEST FOR SOLICITATION PERMIT - CHILDREN'S HOSPITAL OF ORANGE COUNTY The request received from Children's Hospital of Orange County for permission to solicit for funds within the City is approved for a one-month period of time, rather than on an on-going basis. 3. REPORT OF PLANNING COMMISSION ACTIONS FOR 11/18 AND 11/25/75 The Report of actions taken by the Planning Commission at their meetings of November 18 and 25, 1975, was received for information. 4. REPORT OF CULTURAL HERITAGE COMMISS WJ The Report of actions taken by the Cultural Heritage Commission at their meetings of November 18 and 25, 1975, was received for information. 5. WAIVER OF BUSINESS LICENSE FEES - AMERICAN FREEDOM TRAIN VISIT The City Clerk is authorized to waive the payment of business license fees in conjunction with the visit of the American Freedom Train January 19 and 20, 1976, by the following: (1) The American Freedom Train Foundation, Inc., as well as its concessionaire, Jerry L. Kaltenbach Enterprises, Inc., and (2) local service and/or charitable organizations, as approved by the Bicentennial Committee. 6, PROCLAMATION - BILL OF RIGHTS WEEK DECEMBER 9 - 15 1975 The week of December 9'- 150 1975, is proclaimed Bill of Rights Week in the City. 7. PROCLAMATION - LUNG AWARENESS WEEK DECEMBER 7 - 13 1975 The week of December 7 - 13, 1975, is proclaimed Lung Awareness Week (Christmas Seals) in the City. -3- 12/3/75 i Es RECESS AND RECONVENE Council recessed at 8:30 P.M. and reconvened at 9:46 P.M. DEPARTMENTAL ITEMS: CITY MANAGER 1. CULTURAL -HISTORICAL PRESERVATION LOS RIOS AREA PRECISE PLAN Council received copies of a report dated December 31-1975, from the City Manager forwarding the joint recommendation of the Planning Commission and the Cultural Heritage Commission relating to the Los Rios Area precise plan. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to authorize the initiation of the Los Rios Precise Plan program with the first step being the preparation of a scope of work by a joint committee of the Cultural Heritage and Planning Commissions. The study area is to include those lands bounded by Trabuco Creek on the west, Mission Street on the north, the Santa Fe Railroad tracks on the east, and Del Obispo Street on the south. The scope of work is to be completed within approximately two months, and the report when formulated is.to be returned to the City Council for disposition. 2. PROPOSED AGRICULTURAL PRESERVATION Council received copies of a report dated December 3, 1975, from the City Manager forwarding two proposals with regard to the Agricultural Preservation Program: One refers to the purposes, properties, process, and basis for the scope of the program; the other refers to the Open Space and Conser- vation Element of the General Plan. Forwarded also were three variations of ballot measures for Council consideration. Council also received copies of a memorandum dated December 1, 1975, from Councilman Nash suggesting certain changes to the proposed program in order to specifically identify lands determined to be primary for agricultural preservation. He also suggests that the annual property tax allocation for mobile homes be included 'in the Financing portion of the program. Councilman Sweeney suggested broadening the program to include abundant open space and resource conservation and production as depicted on page 24 of the General Plan, i.e., agriculture, open space, creek beds, and watersheds so that there would be multiple uses for acquired land with benefit to residents throughout the City. He stated that the agricultural study has been completed and Council is aware of its feasibility. He proposed Council adoption of Option Two of the proposed ballot measures amending it to provide for an open space and resource conservation program which would include existing agricultural lands. He suggested that Council return for discussion of the matter in one week. Councilman Nash endorsed the suggested amendments with the addition of a specific statement that those Primary 100 acres of agricultural land should be preserved and that other acreage shown in the Open Space Areas for Resource Conservation and Production Map shall be eligible for the Program. Councilman Byrnes suggested that the word "agriculture" be stricken from the entire ballot measure and "open space and resource preservation" inserted, stipulating that agriculture does not enter into it. He questioned the 100 acres of. agricultural lands receiving a higher priority than a recrea- tion and parks program, civic center, and various people - oriented programs. Council members responded that agriculture was given priority with the adoption of the General Plan and when the decision was made that the matter be placed on the municipal ballot. 1G It was moved by Councilman Byrnes that the question of agri- culture and related preservation measures be studied in relation to the 5 -year budget prioritization program currently under study by staff and that all ballot measures pertaining thereto be deferred until the priority list is completed. The motion failed for lack of a second. Councilman Heckscher stated that the City has funded a study for agricultural preservation, but does not have information with regard to open space acquisition. He stated that the voters should be notified that the primary area proposed for agricultural preservation is the Primary 100 acres located. off Del Obispo Street. Councilman Nash suggested additions to the program, as follows: Under "Properties," add,"agricultural land identified in the agricultural study as the Primary 100 shall be preserved by the program:' This land is shown on Figure I; and, under "Financing," add, "the annual allocation for a $50,000 home would be $12.50 and for a typical mobile home coach $2.06 per year." Councilman Heckscher pointed out that under "Process," property owners should have the opportunity to negotiate regarding their holdings early in the General Plan process, rather than upon adoption of the General Plan Amendment. Mayor Weathers stated that if the matter is placed on the ballot in the form of both agriculture and open space, it would not be a clear question. He stated that the costs of agricultural preservation would probably be muchhigher than set forth in the consultant's report and stressed the greater need for recreational areas within the City. It was moved by Councilman Sweeney and seconded by Councilman Byrnes that the matter be deferred to a time certain on Wednesday, December 10th. The motion failed by the following vote: AYES: Councilmen Sweeney and Byrnes NOES: Councilmen Nash and Heckscher ABSTAIN: Mayor Weathers ABSENT: None It was moved by Councilman Nash to accept Councilman Sweeney's proposed amendments to the Program. There was no second to the motion. It was moved by Councilman Heckscher and seconded by Council- �. man Nash that the Program described as an attachment to the City Manager's memorandum dated December 3, 1975, including the modifications presented by Councilman Nash and Sweeney as discussed this evening, be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash and Heckscher NOES: Councilman Byrnes, Mayor Weathers ABSENT: None Ballot Measure: It was moved by Councilman Sweeney and seconded by Councilman Nash that the ballot measure for the March 2, 1976, municipal election read as follows: -5- 12/3/75 "PROPOSITION A 1 "In order to provide primary for an open space conservation and agricultural f•-,C-tuation program, should the City annually levy a pl,operty tax of 10Q per $100 of assessed valuation and a fee on new construction of $500 per residential unit and $2000 per acre for commercial, industrial, and institutional construction? Land shown in the Open Space and Conservation Element of the General Plan as 'Open Space Areas for Resource Conservation and Production' shall be eligible for acquisition by the City to implement the program." The four Opinion Questions are to be modified accordingly. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash and Heckscher NOES: Councilman Byrnes and Mayor Weathers ABSENT: None GENERAL MUNICIPAL ELECTION MARCH 2, 1976 CITY CLERK 1. ELECTION SERVICES - COUNTY OF ORANGE RESOLUTION NO. 75-12-3-1: REQUESTING COUNTY TO PROVIDE ELECTION SERVICES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF SUPER- VISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF SAN JUAN CAPISTRANO, RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON MARCH 2, 1976 It was moved by Councilman Nash, seconded by Mayor Weathers and unanimously carried that Resolution No. 75-12-3-1 be adopted. 2. CONSOLIDATION OF MUNICIPAL ELECTION - SCHOOL DISTRICT BOND MEASURE Council received copies of a report dated December 3, 1975, from the City Clerk forwarding a request from the Orange County Department of Education dated November 21, 1975, that the Capistrano Unified School District bond election be consoli- dated with the March 2, 1976, City election. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to accept the request of the Capistrano Unified School District and authorize the consoli- dation of their bond measure with the March 2, 1976, General Municipal Election, to direct the City Clerk to so notify the School District, the County Superintendent of Schools, and the Orange County Registrar of Voters. The City Clerk is also directed to bill the School District for their share of the election costs. 3: LENGTH ENTS Council received copies of a report dated December 3, 1975, from the City Clerk regarding 1975 amendments to the Elections Code as they pertain to Candidates' Statements. Pursuant to the Voting Rights Act, all ballot materials will b,3 printed in both English and Spanish. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried to determine that the descrip - tion contained in the individual Candidate's Statements shall be limited to 200 words. -6- 12/3/75 It was moved Ly Cauncilman Nash, seconded by Councilman Heckscher an(! unanimously carried to determine that each candi,-14ttt who files a Candidate's Statement shall pay the actual prorated costs of printing, handling and translating of the Statement; the City Clerk is directed to provide each candidate with a written statement of the regulations with respect to said charges at the time the nomination papers are issued. The City Clerk is directed to bill each candidate who files a Candidate's Statement for the prorated share of expense as soon as the total costs are known. The costs are presently estimated at $175 per candidate. 4. RESOLUTION NO. 75-12-3-2: CALLING ELECTION FOR MARCH 2, 1976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 2ND DAY OF MARCH, 1976, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF A CERTAIN QUESTION, PROPOSITION OR MEASURE RELATING TO THE PRESERVATION OF AGRICULTURE. It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Resolution No. 75-12-3-2 be adopted. 5. AUTHORIZATION FOR COUNCIL TO FILE A WRITTEN ARGUMENT FOR A CITY MEASURE Council received copies of a report dated December 3, 1975, from the City Clerk advising that Council may designate one or more of its members to file a written argument for or against the Agricultural Preservation Program on behalf of the entire City Council. The printed argument would be included with each sample ballot sent to -the voters. RESOLUTION NO. 75-12-3-3: 1976 MUNICIPAL ELECTION - BALLOT ARGUMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR A CITY MEASURE It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that Resolution No. 75-12-3-3 be adopted. It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried that Councilmen Nash and Sweeney be authorized to file the written argument for the Agricultural Preservation Program, as set forth in Resolution No. 75-12-3-3. The argument shall not exceed 300 words in length and must be filed with the City Clerk on or before January 5, 1976. 6. ANALYSIS OF MEASURE BY CITY ATTORNEY It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to direct the City Clerk to transmit a copy of the Agricultural Preservation ballot measure to the City Attorney a-nd to direct the City Attorney to prepare an impartial analysis of the measure. The City Attorney's impartial analysis showing the effect of the measure on exist- ing law and the operation of the measure will be printed preceding the ballot arguments for and against the measure and is not to exceed 500 words in length. -7- 12/3/75 DIRECTOR OF ADMINISTRATIVE SERVICES is 1. REQUEST FOR REFUND OF SEWER FEES - C -D DEVELOPMENT CORP. Council received copies of a report dated December 3, 1975, from the Director of Administra.Live Services forwarding a letter dated November 7, 1975, from C -D Development Corporation requesting a refund of sewer and water fees paid by Swan Constructors in conjunction with the proposed development of property on the southeast corner of Alipaz Street at Del Obispo Street. The sewer fees are in the amount of $11,540. It was moved by Councilman Byrnes, seconded by Councilman - Sweeney and unanimously carried that the request for refund be denied. The fees will be allowed as credit against sewer connection charges at the time the land is developed; there is no provision in either State or City codes for refund of the fees. In addition, the fees were paid by Swan Constructors who have advised they would protest any such payment to C -D Development Corporation. DIRECTOR OF PLANNING 1. PROPOSED EXTENSION OF CITY SPHERE OF INFLUENCE Council received copies of a report dated December 3, 1975, from the Director of Planning regarding the proposed extension of the City's Sphere of Influence to encompass all areas in the southerly portion of the City currently under the juris- diction of Water District No. 4. A hearing is scheduled before the Local Agency Formation Commission on Wednesday, December 10, 1975, for evaluation of the City's request. It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that, based upon the information contained in the Sphere of Influence Report, to direct staff to inform the Local Agency Formation Commission that the City Council endorses the staff report and urges the favorable consideration of the City's petition. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. Council received copies of a report dated December 3, 1975, from the Director of Public Works forwarding information relative to the proposed 1976-77 Arterial Highway Financing Program submittals. RESOLUTION NO. 75-12-3-4: REQUEST FOR AHFP - ORGEGA HIGHWAY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF ORTEGA HIGHWAY It was moved by Councilman Byrnes, seconded by Mayor Weathers and unanimously carried that Resolution No. 75-12-3-4 be adopted. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to direct staff to submit the necessary requests to the County, assigning the first priority to the Ortega Highway project and the second priority to the Del Obispo-Aguacate project. RESOLUTION NO. 75-12-3-5: REQUEST FOR AHFP - DEL OBISPO STREET/AGUACATE ROAD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF DEL OBISPO STREET-AGUACATE ROAD It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Resolution No. 75-12-3-5 be adopted. -8- 12/3/75 14 Councilman IIeckscher suggested that a method be devised whereby the party responsible for development which incurs a need for street improvement be responsible for the costs of such street improvement. PLANNING COMMISSION 1. SOUTHEAST ORANGE COUNTY CIRCULATION STUDY Council received copies of a report dated December 3, 1975, frau the Director of Planning forwarding a proposed City position paper regarding County General Plan Amendments to the Circulation and Land Use Elements as they affect the southeast portion of the County. RESOLUTION N0, 75-12-3-6: SOUTHEAST ORANGE COUNTY CIRCULATION STUDY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING ALTERNATIVE LAND USE AND CIRCULATION SYSTEM NO. 4 OF THE SOUTHEAST ORANGE COUNTY CIRCULATION STUDY It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that Resolution No. 75-12-3-6 be adopted, Alternate No. 4 requires the least amount of additional freeway construction. The City Council supports the approval of a program supported by the City Planning Commission and directs that copies of the Resolution be distributed to all cities in the Study Area, to the Board of Supervisors, and to the appropriate County Environmental Management Agency. PARKS AND RECREATION COMMISSION 1. RESIGNATION OF COMMISSIONER THORPE Council had previously received copies of a letter dated November 18, 1975, from James F. Thorpe, submitting his resignation from the Parks and Recreation Commission effective that date. Mr. Thorpe has accepted an appointment to the Orange County Planning Commission. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that Commissioner Thorpe's resignation be accepted and that staff be directed to prepare a resolution commending Mr. Thorpe for his service to the community for Council consideration. RECESS AND RECONVENE - EXECUTIVE SESSION Council recessed to Executive Session for consideration of a personnel matter at 10:03 P.M. and reconvened at 10:53 P.M. ADJOURNMENT There being no .further business before the Council, the meeting was adjourned at 10:53 P.M. to the next regular meeting date of Wednesday, December 17, 1975, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, DIARY ANN' OVE , ITY CLERK Approved: