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76-0107_CC_Minutes_Regular MeetingJANUARY 7, 1976 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 7:02 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Bob Scott of the Community Christian 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 o4 Administrative Services; William D. Murphy, Director of Public Works/City Engineer; David J. Smith, Director of Planning; Tom Baker, Recreation Coordinator; Bill Becker, Administrative Aide, Public Works Department; Mary Ann Hanover, City Clerk. MINUTES December 3, 1975: It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that the Minutes of the Regular Meeting of December 3, 1975, be approved with the following corrections: (1) Page 5, end of third paragraph, the amount should read $2.06, rather than $2.50; (2) Page 7, last paragraph, add the following to the first sentence: " . , and direct the City Attorney to prepare an impartial analysis of the measure." December 6, 1975: It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Special Meeting of December 6, 1975, be approved as submitted. December 8, 1975: It was moved by Councilman Sweeney and seconded by Councilman Nash that the Minutes of the Adjourned Special Meeting of December 8, 1975, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Nash and Mayor Weathers NOES: None ABSTAIN: Councilman Heckscher ABSENT: None December 17, 1975: It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that the Minutes of the Regular Meeting of December 17, 1975, be approved as submitted. December 29, 1975: It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Adjourned Regular Meeting of December 29, 1975, be approved as submitted. -I- 1/7/76 3 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. - THE Bill Becker, Public Works Administrative Aide assigned to coordinate support facilities for the visit of the American Freedom Train, addressed the Council and presented an overall report of prepara- tions made for the Train's stop in the City on Monday and Tuesday, January 19 and 20, 1976. This salute to the nation's bicentennial is a combined City/Bicentennial Committee effort. The report was preceded by a one-half hour film provided by the Freedom Train Foundation. Mr. Becker covered such items as traffic, parking and crowd control, security, coordination with the Santa Fe Railway, train support facilities, ticket sales, school groups, entertain- ment, and concession booths. Council commended the staff for their preparatory efforts, and Bill Murphy, Public Works Director, provided each Councilman with an "engineer's cap." BIDS CONTRACTS, AGREEMENTS 1. HOUSING ITY DEVELOPMENT ACT Council received copies of a report dated January 7, 1976, from the Director of Planning forwarding copies of the Cooperation Agreement between the County and the City for participation in the Second Year Urban County Block Grant Program for 1976-77 and copies of the City's proposed Housing Assistance Plan. The second -year funding of $50,000 will be utilized for the implementation of projects in the Los Rios Area. Combined with the $12,500 allocation of 1975-76, the requested funds would total $62,500. RESOLUTION NO. 76-1-7-1: HCDA SECOND YEAR PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FOR PARTICIPATION IN THE SECOND YEAR URBAN COUNTY BLOCK GRANT PROGRAM, 1976-77 It was moved by Councilman Byrnes, and seconded by Councilman Sweeney that Resolution No. 76-1-7-1 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Heckscher and Mayor Weathers NOES: Councilman Nash ABSENT: None The Resolution applies for participation in the Program, authorizes the Mayor to execute the Cooperation Agreement on behalf of the City, and adopts the Housing Assistance Plan for the Second Year Program. 2. PROPOSED CITY -OWNED STREET LIGHTING SYSTEM - FEASIBILITY STUDY (J & R CONSULTANTS Council received copies of a report dated January 7, 19769 from the Director of Public Works forwarding a proposed Agree- ment with J & R Consultants for the purpose of conducting an economic analysis of the various street light ownership programs set forth in the Report at a maximum cost of $3,500. Upon completion of the study, the question of possible City ownership of all or part of the light system will be evaluated. -2- 1/7/76 a'A It was moved by Councilman Heekscher, seconded by Councilman Byrnes and unanimously carried to approve the Agreement between the City and J & R Consultants for the investigation of the most economical method of operating the street lighting system within the City and to authorize the Mayor to execute the'Agreement on behalf of the City. The report is to be made to the City within 60 days. 3. AGREEMENT FOR SURVEYING SERVICES - CALENDAR YEAR 1976 (SOUTH COAST ENGINEERING SERVICE) Council received copies of a report dated January 7_., 1976, from the Director of Public {Yorks, forwarding a proposed Agreement between the City and South Coast Engineering Service for surveying services, specifically construction staking services. City Engineering Staff will conduct all surveying attendant with engineering design. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to approve the Agreement with South Coast Engineering Service and to authorize the Mayor to execute the Agreement on behalf of the City. 4. WINDOW HILL ROUTE "D" ACCESS ROAD (ALTO PLANS AND SPECIFICATIONS The Director of Public Works requested that this matter be held over. The City has been provided with information that a major earth fault runs through the proposed route alignment area. Mayor Weathers directed that consideration of the matter be deferred until the next regular Council meeting of January 21, 1976. PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSI Notice having been given as required by law, Mayor Weathers declared the Public Hearing open on the appeal of action taken by the Manning Commission at their meeting of November 18, 1975, in denying Conditional Use Permit 75-1. The Commission found, by their Resolution No. PC 75-11-18-1, that the proposed establishment of a swim school on Alipaz Street in the RM (multiple family) District is not compatible with neighboring areas and that the proposed use is too intense for the particular parcel. Such factors as parking facilities, noise and safety, necessity for variances, and inconsistency with the Community Design Element of the General Plan were also grounds for the denial, as set forth in the report dated January 7, 1976, from the Director of Planning. Mayor Weathers inquired if anyone in the audience wished to address the Council, and the following persons responded: a. John R. Parker, Attorney at Law, representing Mr. Dellota, requested that the City Council overrule the decision of the Planning Commission and grant the Conditional Use Permit. b. John Manypenny, 32371 Alipaz Street, resident of the mobile home park adjacent to the property in question, objected to the proposed use due to noise which would be generated by students and equipment. It was moved by Councilman'Nash and seconded by Councilman Sweeney to uphold the decision of the Planning Commission in denying Conditional Use Permit 75-1 for a swim school as proposed by Lawrence Dellota. There was no vote on the motion. -3- 1/7/76 RDA It was moved by Councilman Heckscher and seconded by Councilman Byrnes that the matter be tabled. The motion carried by the following veto: AYES: Councilmen Sweeney, Byrnes and Heckscher NOES: Councilman Nash and Mayor Weathers ABSENT: None Mayor Weathers directed that the matter -would be tabled -until the next regular Council meeting:.of_JAnuary_2li_1976,_and,iue Public Hearing continued at that -.time. 2. PROPOSED AMENDMENTS TO THE PERSONNELRULESAND REGULATIONS _ Council received copies of three reports dated January 7,19761 recommending amendments to the City's Personnel Rules and __- Regulations and Classification Plan as they relate to Planning, Administrative Services, and Recreation. Notice of the Public Hearing had been given as required by law. Council considered each of the items individually, as follows:__ _ a. Position of Director of Planning - Revised Job Description Mayor Weathers declared the Public Hearing open on the proposed revisions to the Job Description for the position of Director of Planning and inquired if anyone in the audience wished to address the Council. There being no response, mayor Weathers declared the Public Hearing closed. The existing Job Description was approved in October.of 1971; the proposed amendments would more accurately reflect the requirements of the position at the present time, NO. 76-1-7-2: JOB DESCRIPTION, DIRECTOR YLAAAIAU - H nroviultvt, yr +++u v .........---- .-- ---- ---- OF SAN JUAN CAPISTRANO AMENDING RESOLUTION NO. 72-1-19-10 THE CITY'S CLASSIFICATION AND SALARY PLAN It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried that Resolution No. 76-1-7-2 be adopted. b. Proposed Establishment of Position of Mayor Weathers declared the Public Hearing open on the proposed establishment of a position of Accountant in the Department of Administrative Services and inquired if anyone in the audience wished to address the Countil. There being no response, Mayor Weathers declared the Public Hearing closed. It was the consensus of the Council that they were not prepared to act on this matter at the present time. C. Proposed Positions of Senior Recreation Leader, Recreation Mayor Weathers declared the Public Hearing open on the proposed establishment of the positions of Senior Recrea- tion Leader, Recreation Leader I, and Recreation Leader II and inquired if anyone in the audience wished to address the Council. There being no response, Mayor Weathers declared the Public Hearing closed. -4- 1/7/76 435 Council discussed the report submitted by the Recreation Coordinator recommending the retention of a Senior Recreation Leader on a year-round basis to assist in the implementation of the self-sustaining recreation programs, supervision of programs, and recruitment and training of personnel. The position would be financed with CETA funds. It was moved by Councilman Byrnes and seconded by Mayor Weathers to support the creation of the position of Senior Recreation Leader. -Phe motion failed-tiy the following vote: AYES: Councilman Byrnes and Mayor Weathers__ NOES: Councilmen Sweeney, Nash and Heckscher ABSENT: None Council then discussed the request for approval of a_ summer recreation program at School District playground facilities and the proposed addition of part-time positions of Recreation Leader I and Recreation Leader 1I. Tom Baker, Recreation Coordinator, advised the Council that the summer program would be five hours per day for a nine -week period of time and that the proposed budget is in the amount of $6,800. The District would provide funds in the amount of $2,400, which is the amount spent to operate the School District summer playground programs within the City in 1975. It was the consensus of the Council that this matter should be brought back to the Council after consideration by the Parks and Recreation Commission. RECESS AND RECONVENE Council recessed at 9:35 P.M. and reconvened at 9:50 P.M. ADMINISTRATIVE ITEMS: CITY MANAGER 1. MOBILE HOME PARKS - REPORT ON RENT INCREASES Council received copies of a report dated January 7, 1976, from the City Manager forwarding a report on mobile home rent increases from Cliff Bantel and a report from John Manypenny, the City's representative to the Orange County Housing Authority. Mayor Weathers suggested that the City Attorney investigate whether or not the City would have authority to freeze mobile home rentals at their December, 1975, level; Mr. Bantel has recommended that the City enact a rent control law for mobile homes retroactive to July 1, 1975. Mr. Manypenny recommends that the Council urge the State Assembly Committee on Housing to enact corrective legislation. It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried to instruct the City Attorney to research this matter for report back to the Council; Staff is directed to forward copies of the reports to the State Senate and Assembly and to the State Assembly Committee on Housing urging their consideration of corrective legislation. The City Attorney advised that he would report back at the next regular meeting. -5- 1/7/76 3 6 RESOLUTIONS 1. MUNICIPAL ELECTION, MARCI[-- VOTING PRECINCTS POLLING PLACES AND ELECTION OFFICERS - -- Council received copies of a report dated January 7, 1976, frau the City Clerk forwarding copies of the Resolution setting forth precinct and polling place information and costs attendant thereto. RESOLUTION -NO 76-1-7-3: VOTING PRECINCTS, POLLING PLACES AND ELECTION OFFICERS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO. CALIFORNIA, ESTABLISHING,—J VOTING PRECINCTS, POLLING PLACES AND ELECTION -OFFICERS FOR -THE HOLDINGOFA GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 2ND DAY OF MARCH, 1976 It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that Resolution No. 76-1-7-3 be adopted; the City Clerk is authorized to amend the Resolu tion with regard to names, addresses, and places,.if_it.... becomes necessary to do so prior to the election._ -. 2. MUNICIPAL ELECTION MARCH 2, 1976 - ORDERING CANVASS OF - ELECTION RESOLUTION NO. 76-1-7-4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF MARCH, 1976, TO BE MADE BY THE CITY CLERK OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that Resolution No. 76-1-7-4 be adopted. The City Clerk shall certify the results of the election to the City Council on the 9th day of March, 1976. 3. DE - TIONS BEACH Council received copies of a proposed Resolution from the City Attorney. The City has recently commenced providing sanitary services for the area in question and will soon commence providing recreation and park services. The C. Michael- Iwata. Annexation was approved by the Local Agency Formation Commission on December 27, 1972, contingent upon the detachment of the subject territory from any district where there would be duplicate charges for services if those services were provided by the City. Councilman Heckscher 'requested that the Resolution be corrected by deleting the words "from the City" from the third line of the first paragraph. 6-1-7-5: i''Y.VM L. .111 Unll L-11YA1A A1V1Vr,AA11Vly - A 11GOVLUl1ul1 Vr 111G �414 COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF ORANGE FOR THE DETACHMENT OF CERTAIN TERRITORY FROM THE BOUNDARIES OF THE CAPISTRANO BEACH SANITARY DISTRICT AND THE CAPISTRANO BAY PARK AND RECREATION DISTRICT It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that Resolution No. 76-1-7-5 be adopted as corrected. 4. PRIMA TION/ DI Council received copies of a report dated January 7, 1976, from the Director of Planning forwarding copies of a proposed Resolution and copies of a letter dated December 9, 1975, from the Orange County General Services Agency regarding the Prima Deshecha Recreation/Disposal Area Project. The County is requesting that the City certify that the project complies with the City's General Plan before the County proceeds with the acquisition of the 600 acres of land which lie within the City limits. 2XI It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that no action be taken on the Resolution at this time; Staff is directed to advise the County Environmental Management Agency that in order to determine General Plan compliance for this project, the City requires additional information, including site plans, engineering specifications, plans for access and utilization, and contour maps. ORAL COMMUNICATION5 1. AMERICAN FREEDOM TRAIN VISIT - CONCESSIONAIRES Mr. Randy McMillan, West Coast Novelties, addressed the Council regarding the City's denial of issuance of a business license to his company for the purpose of selling novelties at the site of the American Freedom Train during its stay in the City on January 19 and 20, 1976. Mayor Weathers advised that the Council had determined previously that the only concessions to be allowed at the site would be those of local organizations as approved by the City's Bicentennial Committee. 2. SIGNS - EL ADOBE RESTAURANT Marilyn Williams, 29931 Camino Capistrano, advised that she would address the Council during discussion of the E1 Adobe Restaurant sign which appears later on the Agenda. 3. APPEAL OF PLANNING COMMISSION DECISION - CAPISTRANO VALLEY BAPTIST CHURCH William Davenport, Pastor and Superintendent, Capistrano Valley Baptist Church, 32032 Del Obispo Street, addressed the Council to seek relief from the Planning Commission decision regarding the exterior finish of the new sanctuary building and to request release of the occupancy permit. Fran Frost, member of the Architectural Board of Review, addressed the Council to advise that the Board decision was that the Condition of Approval for the project was that the exterior of the new building be compatible with and related to the existing assembly building. Robert Davies, member of the Planning Commission, also addressed the Council to advise that the Commission was concerned with both the texture and color of the building and that the condi- tion of approval was placed on the building before construction commenced. 4. ROUTE "E" ACCESS ROAD - ALTO CAPISTRANO Gary Hausdorfer, President, Alto Capistrano Homeowners Associa- tion, addressed the Council regarding discussion of the Route "E" access road by the Planning Commission at their meeting of January 6th, as it relates to the General Plan. Planning Commissioner Davies also addressed the Council, as did Patrick Timmins, member of the Alto Capistrano Homeowners Association. 5. CAPISTRANO BEACH FREEWAY INTERCHANGE OVERPASS Jim Vanderhoof, 25692 Via del Rey, addressed the Council to request assistance from the City in filing a lawsuit regarding the construction of the fill dirt bridge overpass currently being constructed on Coast Highway in Capistrano Beach. 6. GENERAL PLAN AMENDMENT - MISSION HILLS RANCH, PHASE II Justus Gilfillan, 4300 Campus Drive, Newport Beach, representa- tive of Mission Hills Ranch, addressed the Council and presented It letter dated January 7, 1976, regarding their request for initiation of a. General Plan Amendment. -7- 1/7/76 3 . WRITTEN COMMUNICATIONS 1. CAMINO LAS RAMBLAS INTERCHANGE DIRT STORAGE - PETITION Council received copies of a Petition dated December 19, 1975, from residents of the Alto Capistrano area, requesting that the City not vary from its Agreement of August, 1973, with the Leadership Company that the dirt storage at the Las Ramblas Interchange be removed to bring the level of the land to its original status. The Petition was referred to the City Manager for report to Council. 2. ANNEXATIONS - RECREATION FACILITY Council received copies of a letter dated December 16, 1975, from Thayer g Yeager regarding temporary water and sewer service for a proposed recreation facility north of the City limits. Mayor Weathers ordered the letter received and filed. CONSENT CALENDAR It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to accept the staff recommendations with regard to the following Consent Calendar items: 1. REPORT OF PLANNING COMMISSION ACTIONS FOR DECEMBER 16, 1975 The Report of actions taken by the Planning Commission at their regular meeting of December 16, 1975, was received for information. 2. REOUEST FOR USE OF COUNCIL CHAMBER, 1/22/76 - The request of the Capistrano Villas Homeowners Association No. 2 for use of the Council Chamber from 7:30 P.M. to 9:30 P.M January 22, 1976, for their annual meeting is approved and a member of the Public Works staff authorized to open and close the building at that time. The $10 deposit fee has been paid; the balance to be submitted after the meeting is held. APPROVAL OF WARRANTS After clarification, it was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the List of Demands, Warrants Nos. 6314 through 6381, inclusive, and 1911 Act Account Warrants No. 0171 and 0172, in the total amount of $275,804.48, be approved as submitted. Council requested that future Demand Lists be more descriptive. SUBDIVISIONS AND ANNEXATIONS 1. TRACT 5657 - LANDSCAPE REQUIREMENTS AND OFFER OF DEDICATION OF ^ Council received copies of a report dated January 7, 1976, from the Director of Planning setting forth the offer of dedication of Lots 149 and 150 in Tract 5657 by the C. Michael Company. The lots are currently zoned as open space and are within the flood plain district; they consist of approximately 3-1/2 acres. It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried to accept the offer of dedication of Lots 149 and 150 to the City for the purpose of general health and safety; more specifically, to provide for City control over the diversionary flood control channel and to provide the opportunity for visual and aesthetic enhancement at the time Alipaz Street is fully constructed; further, that the require- ments for landscaping improvements along Alipaz Street be waived at this time. The landscape improvements are to be madeat the time Alipaz Street is completed. -8- 1/7/76 sro ADMINISTRATIVE ITEMS: CITY ATTORNEY 1. POLITICAL REFORM ACT OF 1974 (PROPOSITION 9) - Council received copies of a proposed draft local Conflict of Interest Code from the City Attorney. Adoption of such codes by each department of the City after April 1, 1976, is mandate by the Political Reform Act of 1974 (Proposition 9). The suggested code was prepared by the League of California Cities and is submitted to the City Council for information and study at this time. Council directed that this matter be held over to a later date. CITY CLERK 1. CLAIM FOR DAMAGES - MISSION HILLS RANCH, INC. Council received copies of a report dated January 7, 1976, from the City Clerk forwarding copies of a Claim for Damages in the amount of $4,000,000.00 dated December 10, 1975, and received on December 17, 1975, from Justus C. Gilfillan on behalf of Mission Hills Ranch, Inc. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the Claim of Mission Hills Ranch, Inc., be denied and referred to the City's insurance carrier, Quinlan Insurance, Inc. A notice of denial is to be sent to the claimant. DIRECTOR OF PLANNING 1. LOS RIOS STUDY AREA - REAUESTS FOR EXTENSIONS OF LAND USE PERMITS 71-101 AND 7 Council received copies of a report dated January 7, 1976, from the Director of Planning regarding Land Use Permits 71-101 and 71-102 within the Los Rios Area Special District. The permits allow for the Walter Cappello Construction Yard and the Solag Disposal Company facility on two individual parcels and are due to expire January 17, 1976. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried to acknowledge the requests and direct that they be considered during deliberations of the Los Rios Precise Plan and that the disposition of land use shall be made at a public hearing in accordance with recommen- dations of that Plan. 2. LOS RIOS STUDY AREA - REOUEST FOR EXTENSION OF LAND USE PERMIT AND PERMISSION TO INSTALL IMPROVEMENTS (DUNIVIN Council received copies of a report dated January 7, 1976, from the Director of Planning forwarding a letter dated December 22, 1975, from Forrest Dunivin requesting authoriza- tion to install commercial improvements and landscaping on his property within the Los Rios Area Special District. Mr. Dunivin addressed the Council in support of his request. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to continue consideration of the request until formulation of the Los Rios Precise Plan; final disposition of land use shall be made at a public hearing in accordance with recommendations of that Plan. The tentative schedule for adoption of the Plan is as follows: -9- 1/7/76 February, 1976: Council endorsement of Scope of Work April, 1976: Initiation of Plan preparation June, 1976: Public Hearings before the Planning August, 1976: Adoption of Los Rios Precise Plan by City Council. PERSONNEL - RESIGNATION OF DIRECTOR OF PLANNING Commission the Council expressed their appreciation to David J. Smith, Director of Planning for the benefit accrued to the City by his efforts during his tenure as Director of Planning. Mr. Smith has submitted ffective Januar 7 1976 Mayor Weathers requested his resignation ey , that staff prepare a resolution of commendation for Council consideration. ADJOURNMENT The hour of 11:06 P.M. having arrived, and pursuant to Council Resolution No. 75-3-5-6, the meeting was adjourned to the next meeting date of Wednesday, January 14, 1976, at 7:00 P.M. in the City Council Chamber for continuation of the City Council Agenda of January 7, 1976. APPROVED: Respectfully submitted, MARY ANN OVE , CITY CLERK -10- 1/7/76