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76-0204_CC_Minutes_Regular MeetingThe Mayor and City Cleric are authorized to sign the documentsf®, on behalf of the City and the Finance Depart rient is authorized to draw a warrant in the amount of $39,625, payable to Kinoshita Properties, to be paid at the time of recordation of the Agreement and Deeds. In response to an inquiry from Councilman Nash, the City Attorney advised that the three stone gate pillars on the property in question would be relocated on Mr. Kinoshita's property and would not be destroyed. 2. AGREEMENT FOR TREATMENT PLANT OPERATION AND MAINTENANCE SERRA PROJECT COMMITTEE NO. Z Council received copies of a report dated February 4, 1976, from the Director of Public Works forwareing an agreement between the City and Dana Point Sanitary District, Moulton - Niguel Water District, and Santa Margarita Water District providing for the City to be the contract operator of the treatment facilities in conjunction with the transfer of ownership rights of the plant to SERRA Project Committee No. 2. Council discussed the implications of pending plant transfer; and, after discussion of why the agreement was with the indi- vidual districts rather than between the City and SERRA, Mayor Weathers directed that the matter be held over to the meeting of February 18th for report from the City Attorney, and further report from the Director of Public Works. 3. AGREEMENT FOR CLOSURE OF STREET ACCESS (DE N Council received copies of a report dated February 4, 1976, from the Director of Public Works, forwarding an agreement between the City and James R. and Ruth DeNault. The proposed agreement grants the City the right to require the closure of the north entry of the property on Del Obispo Street in conjunction with the construction of the proposed DeNault Hardware Home Center for traffic safety purposes. It was moved by Councilman and unanimously carried to authorize the Mayor to sign City. PUBLIC HEARINGS Nash, seconded by Councilman Byrnes approve the Agreement and to the Agreement on behalf of the I.. AMENDMENT TO THE PERSONNEL CLASSIFICATION PLAN - BUSINESS LICENSE CLERK Mayor Weathers declared the Public Hearing open on the proposed amendment to the Personnel Classification Plan and inquired if anyone in the audience wished to address the Council on this matter. The amendment provides for a change in job title from Typist/Clerk to Business License Clerk for the position assigned to the City Clerk's office. There being no one wishing to address the Council, Mayor Weathers declared the Public Hearing closed. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to approve the Job Description for the position of Business License Clerk, as submitted, and to authorize the change in job title from Clerk/Typist to Business License Clerk for the existing position assigned to the City Clerk's office. It was clarified that there would be no addition of personnel by this action. RESOLUTION NO. 76-2-4-1: BUSINESS LICENSE CLERK - A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 72-1-19-1, THE CITY'S CLASSIFICATION AND SALARY PLAN -2- 2/4/76 It was moved by Councilman Sweeney and seconded by Councilman Byrnes that Resolution No. 76-2-4-1 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Nash and Mayor Weathers NOES: None ABSENT: Councilman Heckscher 2. PUBLIC HEARING DATE - WEED ABATEMENT CIiARGES Mayor Weathers set the date of Wednesday, February 18, 1976, for the Public Hearing on charges to be assessed to individual properties for weed abatement services. 3. PUBLIC HEARING DATES - REZONE 75-2 (MALASPINA CORP.) AND REZONE 76-1 (TIERRA DEL CABALLO) Mayor Weathers set the date of Wednesday, February 18, 19760 for Public Hearings on the proposed Rezone 75-2 (Malaspina Corp.) and Rezone 76-1 (Tierra del Caballo). RESOLUTIONS 1. ORTEGA HIGHWAY - REOUEST FOR STATE SCENIC HIGHWAY DESIGNATION Council received copies of a report dated February 4, 1976, from the Acting Director of Planning forwarding copies of the City's Ortega Valley Scenic Corridor Program for the proposed application to the State Department of Transportation that the Ortega Highway from Interstate 5 to the easterly City limits be designated as a State Scenic Highway. RESOLUTION NO. 76-2-4-2: REQUEST FOR SCENIC DESIGNATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REOUESTING DESIGNATION OF THE ORTEGA HIGHWAY AS A STATE SCENIC HIGHWAY It was moved by Councilman Sweeney and seconded by Councilman Nash that Resolution No. 76-2-4-2 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Nash and Mayor Weathers NOES: None ABSENT: Councilman Heckscher 2. ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN Council received copies of a report dated February 4, 1976, from the Director of Public Works regarding the Solid Waste Management Plan prepared by the County of Orange in accordance with the State Solid Waste Management and Resource Recovery Act of 1972. The Plan provides for County purchase of lands for disposal sites with, revenue sharing funds and offers guidelines for the storage of residential trash, processing of wastes, and future energy recovery systems. Concurrence of a majority of the cities within the County must be obtained. RESOLUTION NO. 76-2-4-3: SOLID WASTE MANAGEMENT PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE FINAL DRAFT OF THE ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN IN THE CITY OF SAN JUAN CAPISTRANO -3- 2/4/76 It was moved by Councilman Byrnes and seconded by Councilman Sweeney that Resolution No. 76-2-4-3 be adopted. The motion carried by the following vote: AYES:. Councilmen Sweeney, Byrnes, Nash and Mayor Weathers NOES: None ABSENT: Councilman Heckscher 3. PRIMA DESHECHA RECREATION/DISPOSAL SITE - _-- -- --- -- GENERAL PLAN COMPLIANCE Council received copies of a report dated February 4, 1976, from the Director of Public Works forwarding a proposed Resolution finding that the acquisition of land within the City limits for the Prima Deshecha Recreation/Disposal Area is in compliance with the City's General Plan. The City is to participate in all site planning, for both recreation and disposal purposes, within the project area. The County is in the process of selecting a planning consultant to evaluate the use of the area and to prepare schematics for ultimate park development; the report is to be completed within six months. The consultant is required to coordinate his planning with the City for both the interim and ultimate park develop- ment plans. Councilman Heckscher joined the meeting at 7:33 P.M. RESOLUTION NO. 76-2-4-4: PRIMA DESHECHA - GENERAL PLAN COMPLIANCE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THAT THE ACQUISITION OF LANDS FOR THE PRIMA DESHECHA PROJECT COMPLIES WITH THE CITY'S GENERAL PLAN It was moved by Councilman Sweeney and seconded by Councilman Byrnes that Resolution No. 76-2-4-4 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Nash and Mayor Weathers NOES: None ABSTAIN: Councilman Heckscher ABSENT: None Copies of the Resolution are County Board of Supervisors Management Agency. ORAL COMMUNICATIONS 1. MOBILE HOME PARKS REPORT to be forwarded to the Orange and to the County Environmental Timothy Tierney advised that he would address the Council at the time the Mobile Home Park Rentals Report appears on the Agenda. 2. BICENTENNIAL COMMITTEE - RECEIPT OF AWARD RE FREEDOM TRAIN VISIT Minnie Surles, Chairman of the City's American Revolution Bicentennial Committee, addressed the Council and advised that the South Coast Jaycees had presented their distinguished service award to the Committee in recognition of the efforts of the Committee and the City in bringing the Freedom Train to the City. Mrs. Surles presented the Jaycee plaque to the City Council. -4- 2/4/76 0 3. BICENTENNIAL COM*AITTEE - OFFICIAL BICENTENNIAL FLAG Minnie Surles, Chairman of the City's Bicentennial Committee, addressed the Council and advised that the official flag presented to the City by the American Revolution Bicentennial Association had been pilfered during the Freedom Train festivities on January 20, 1976. She requcsted press coverage to assist in the flag's recovery. CONSENT CALENDAR It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to accept the staff recommendations with regard to the following Consent Calendar items: 1. APPROVAL OF WARRANTS The List of Demands, Warrants Nos. 6483 through 6560, inclu- sive, and 1911 Act Account Warrant No. 0176, in the total amount of $86,106.29, was approved as submitted. 2. REPORT OF PLANNING COMMISSION ACTIONS FOR JANUARY 13 and 27, 1976 The Reports of the joint Planning/Cultural Heritage Commission worksession of January 13 and the regular Planning Commission meeting of January 27, 1976, were received for information. 3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS FOR JANUARY 6, 1976 The Report of actions taken by the Cultural Heritage Commis- sion at their regular meeting of January 6, 1976, was received for information. 4. REQUEST FOR SOLICITATION PERMIT. MONTH OF APRIL. 1976 The request of the American Cancer Society, Orange County Unit, for permission to solicit for funds within the City during the month of April, 1976, is approved contingent upon receipt of a completed Solicitation Application Form. 5. TRACT 5657, C. MICHAEL COMPANY - ACCEPTANCE OF PUBLIC IMPROVE- MENTS AND RELEASE OF LABOR AND MATERIAL BOND The public improvements for Tract No. 5657, C. Michael Company, are accepted; authorization is granted to release the Faithful Performance Bond. The Labor and Material Bond is required to be extended to February 4, 1977. 6. ALIPAZ SHOPPING CENTER - RELEASE OF DRAINAGE BOND Authorization is granted to release Bond No. 002368, Covenant Mutual Insurance Company, for a drainage problem created on adjacent property by the construction of the Alipaz Shopping Center. Mr. Reggie Nieblas, owner of the property in question, has approved the drainage device and the City Inspector has approved the work. 7. PROCLAMATION - SUSAN B. ANTHONY DAY, FEBRUARY 15, 1976 February 16, 1976, is proclaimed Susan B. Anthony Day in the . City in honor of the leader of the women's suffrage movement, as requested by the League of 'Women Voters of the Capistrano Bay Area. -5- 2/4/76 EPTANCE OF EASEATENT FOR FLOOD CONTROL REVENTMENT PROTECTION - CT NO. 7191. ASSESSOR'S PARCEL NO. 121-0i AND -23 Council received copies of a report dated February 4, 7.976, from the Director of Public Works forwarding an easement deed for reventment flood control protection on Trabuco Creek adjacent to Westport Tract No. 7191. Rip -rap has been installed and the reventment is to be maintained by the City in public right-of-way. After clarification that there are no direct costs to the City by accepting the easement, it was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried to accept the easement deed for the rip -rap erosion control wall for Tract No. 7191 from Westport Home Builders, Inc., and to authorize recordation of the deed. ADMINISTRATIVE ITEMS CITY MANAGER 1. ANNEXATION POLICY - VICINITY OF DEL Council received copies of a report dated February 4, 1976, from the City Manager forwarding copies of a letter dated January 15, 1976, from Brattain Contractors, Inc., and Bauer Development Co. expressing their intent to petition for annexation to the City upon the recordation of the final map for Tract 8090. The development consists of 61 residential dwelling units in the vicinity of Del Obispo Street and Camino del Avion and is located within the boundaries of Waterworks District No. 4. The City's annexation policy adopted by Resolution No. 75-4-2-6 provides for the commence- ment of annexation proceedings when an area is within the Waterworks District. After considerable discussion between Council members and the City Manager, it was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to authorize the City Manager to inform the petitioner that the City Council will, after the final recordation of Tract 8090, refer the petitioner's request to the City's Planning Commission for its report or recommendation, pursuant to Section 35108 of the Government Code. RECESS AND RECONVENE Council recessed at 8:17 P.M. and reconvened at 8:30 P.M. CITY ATTORNEY 1. MOBILE HOME PARK RENTALS - CITY REGULATION Council received copies of a report dated January 29, 1976, from the City Attorney regarding regulation of rents in mobile home parks by municipalities. In order to adopt a rent control ordinance, the City must determine that a serious housing emergency exists in the City, that there are no vacant rental units, and that rents are excessive. Timothy Tierney, Attorney at Law, representing Western Mobile - home Association and Capistrano Valley Mobile Estates, addressed the Council and presented copies of a written report. He requested permission to supply additional infor- mation to the City at a later date and offered his services to the City. -6- 2/4/76 62 After discussion, it was the consensus of the Council that. -.a staff should research mobile home rent control problems in the City, including information from State-wide agencies, mobile home park owners and residents, and prepare guide- lines for study of mobile home park problems. DIRECTOR OF ADMINISTRATIVE SERVICES 1. HOME WARRANTY PROGRAM - ADMINISTRATION OF ORDINANCE NO. 294 Council received copies of a report dated February 4, 19760 from the Director of Administrative Services forwarding preliminary procedures for the administration of the City's Home Warranty Program and a proposed Home Warranty Agreement to be entered into between the seller and buyer of a residential dwelling unit. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to accept the administration of the program, as submitted, and to require either payment of a deposit or posting of a bond by the builder for all units for which building permits have been issued before issuance of the first occupancy permit for each increment of construction. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. APPEAL OF PLANNING COMMISSION CONDITIONS FOR Council received copies of a report dated February 4, 19760 from the Director of Public Works regarding the appeal by Kord Industries of Planning Commission conditions imposed in conjunction with the proposed construction of a carwash on Camino Capistrano. Those conditions are the dedication of right-of-way, construction of public improvements, and under - grounding of utilities. The matter is continued from the meeting of January 21st. Mr. George Bach, civil engineer, Rolling Hills, California, addressed the Council on behalf of the appellant. It was moved by Councilman Heekscher, seconded by Councilman Nash and unanimously carried as follows: (a) The appeal of Condition 2, regarding dedication of street right-of-way, is denied; (b) Condition 3, construction of public improvements, is deferred contingent upon the applicant posting financial security in lieu of ultimate street improvements, the amount of said security to be approved by the City Engineer. (c) Condition 16, undergrounding of utilities, is deferred until such time as the street improvements are installed and is also contingent upon the applicant posting financial security in lieu of undergrounding the utilities, the amount of said security to be approved by the City Engineer. 2. REPORT OF FREEDOM TRAIN VISIT EXPENSES Council received copies of a report dated February 4, 1976, from the Director of Public Works forwarding a cost report on the visit of the American Freedom Train on January 19 and 20, 1976. City out-of-pocket expenses totaled $15,759.93. The report was ordered received and filed. -7- 2/4/76 It was moved by Councilman Sweeney, seconded by Councilman 3 Byrnes and unanimously carried to officially commend the Bicentennial Committee members and all of the City staff and crews who supported the event with such style and finesse. PLANNING COMMISSION/CULTURAL HERITAGE COMMISSION 1. LOS RIOS AREA PRECISE PLAN - PROGRESS REPORT Council received copies of a report dated February 4, 1976, from the Acting Director of Planning on the progress of the scope of work for the Los Rios Precise Plan Study as dis- cussed by the Planning Commission and Cultural Heritage Commission at a joint meeting on January 13, 1976. Mayor Weathers directed that the report be received and filed; further information will be forthcoming from the Commissions after their meeting scheduled for February 10th. TRAFFIC AND TRANSPORTATION COMMISSION 1. TRAFFIC CONDITIONS - LOS PAJAROS AT SANTA ROSALIA Council received copies of a report dated February 4, 1976, from the Director of Public Works on the results of monitoring traffic conditions in the area of Los Pajaros and Santa Rosalia since the installation of traffic control devices, as directed by the City Council on May 21, 1976. No inci- dents have been reported in the last nine months. Mayor Weathers directed that the report be received and filed. 2. CAMINO CAPISTRANO IMPROVEMENT DISTRICT - STATUS REPORT Council received copies of a report dated February 4, 1976, from the Director of Public Works forwarding the recommenda- tion of the Traffic and Transportation Commission to support Plan "D" for the improvement of Camino Capistrano. The Plan includes! A 98 -foot right-of-way to accommodate four travel lanes; A raised landscaped median strip; A 32 -foot frontage road on the east side of Camino Capistrano which would also provide parking for adjoining property. Preliminary costs are estimated at $256,400, excluding utility undergrounding. AHFP funds would provide a portion of the costs for street improvements and storm drain construction. It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried to direct Staff to further analyze Plan "D" in order to determine the costs to be assessed to individual property owners, the City, and the County. 3. TRAFFIC CONDITIONS - CALLE CHUECA Council received copies of a report dated February 4, 1976, from the Director of Public Works forwarding the recommenda- tion of the Traffic and Transportation Commission that no further action be taken with regard to traffic control devices on Calle Chueca. Staff will continue to monitor the situation. Mayor Weathers directed that the report be received and filed. -8- 2/4/76 Me RECESS AND RECONVENE Council recessed to Executive Session at 9:55 P.M. and reconvened at 10:10 P.M. COMMISSION APPOINTMENTS It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that the following appointments be made to fill existing vacancies: 1. Parks and Recreation Commission: Mr. Robert Youngren. 2. Traffic and Transportation Commission: Mr. John Taylor COUNCIL REMARKS 1 N 3 CONSIDERATION OF WATERWORKS DISTRICT ;4 AS A CITY FUNCTION Councilman Sweeney suggested that consideration be given to amalgamation of the Water District as a City function; Councilman Nash advised that his Legislative Aide is investi- gating the matter; the City Attorney advised the boundaries of the two entities would have to be co -terminus for any merger - to be considered. GROWTH MANAGEMENT/CITY POLICIES Councilman Sweeney noted that growth management pro blems are the underlying factors in establishing City priorities and that perhaps a growth management plan similar to that established by the City of Petaluma should be considered in order to balance the number of new tract developments with City services, i.e., schools, utilities, water, sewer. Mr. Sweeney also suggested that the City may wish to investi- gate annexation of the land in the area of Spotted Bull Lane at the north City limits since consideration is being given to the establishment of a high school in the area. EXPRESSION OF CONDOLENCE - DELFINA OLIVARES It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried that the City Council express its sympathy on the recent passing of Mrs. Delfina Olivares, matriarch of the San Juan Capistrano Historical Society, and extend its respect and sympathy to her family on behalf of the entire community. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:20 P.M. to the next meeting date of February 11, 1976, for continued consideration of the City Priority List. Respectfully submitted, MARY AN H NOVER, CITY CLERK .c.w 2/4/76