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76-0121_CC_Minutes_Regular MeetingJANUARY 21, 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 Mayor Weathers. 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; William D. Murphy, Director of Public Works/City Engineer; John O'Sullivan, Director of Administrative Services; Larry Lawrence, Acting Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. 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. AWARD OF BID. 60" PARK MOWER - PUBLIC WORKS Council received copies of a report dated January 21, 1976, from the Administrative Assistant forwarding a capitulation of bids received for a 60" park mower. The amount of $6,000 is authorized in the 1975-76 fiscal budget for this purpose. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to accept the low qualifying bid from Klein Distributing Co, for a Systems -90-20 Simplicity Tractor and 60" Mower in the amount of $6,460.06, and to reject all other bids received. PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION ACTION RE CONDITIONAL USE PERMIT 75-3 - SWIM SCHOOL (DELLOTA Mayor Weathers re -opened the Public Hearing on the appeal of action taken by the Planning Commission in denying Conditional Use Permit 75-1 for the establishment of a swim school on Alipaz Street in the RM (Multiple family) district. The hearing is continued from the Council meeting of January 7, 1976. Mayor Weathers inquired if anyone in the audience wished to address the Council on this matter, and the following persons responded: a. John R. Parker, Attorney at Law, representing the appellant, Lawrence Dellota, stated they were pre- pared to submit information regarding parking and noise. b. Jose Ortega, 11843 Gerald Street, Granada Hills, acoustical specialist, stated that if the pool pump were placed underground with a. properly designed lining and cover, the noise level would not exceed 40 db. He also discussed the effect of roofing materials and other noise level measurement methods with Council members. -1- 1/21/76 W 51 C. Jeff Haber, Two Frog Swim School, Westminster, advised that lie conducts a teaching swim school in a residential area without complaint. d. Muriel Virgo, Virgo Swim School, Garden Grove, stated that she conducts swim meets without complaint from noise or parking conditions. e. Lawrence Dellota, 26451 Arbor"Road, - San Juan Capistrano, advised that his plans were to conduct a teaching school and, consequently, there would'`not, be great numbers "of students -in the pool at one-t.ime. f. John R. Parker, who suggested that the pool could' -'be completely enclosed and shortened in length. g. John Manypenny, resident of Rancho Alipaz Mobile Home - - - Park adjacent to the proposed pool site, stated that a swim school would be an asset to the community, , but that the neighbors are concerned about the noise in a residential area. h. Leona Fitzpatrick, resident and local businesswoman, spoke in favor of the establishment of a swim school for its recreational and educational benefits. 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 members then discussed the intensity of use on the property and the number of parking spaces available. Council- man Heckscher encouraged Mr. Dellota to submit a project at another location for Council consideration. It was moved by Councilman Nash and seconded by Councilman Sweeney to uphold the Planning Commission decision and deny the appeal. There was no vote on the motion. Mr. Parker again addressed the Council to request reconsidera- tion of the motion and Council consideration of a 15' reduction in the length of the pool and a 5' reduction in the width, which would result in a 30' x 60' pool, in order to increase open space and parking areas. It was moved by Councilman Heckscher and seconded by Councilman Byrnes that the matter'be referred to the Planning Commission for reconsideration. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes and Heckscher NOES: Councilman Nash and Mayor Weathers ABSENT: None Mr. Parker then requested that Council rule on the adequacy of Mr. Ortega's testimony that equipment noise would not be adverse. Council was also advised that the appellant would be willing to restrict the number of people using the pool at one time. Council respectfully declined to take action on these items. 2. PUBLIC BEARING DATE. - qEL CLASSIFICA'I Mayor Weathers set the date of February 4, 1976, for the Public Hearing on the proposed Amendment to the Job Descrip- tion for the position -of Typist/Clerk in the Office of the City Clerk. -2- 1/21/76 we RESOLUTIONS 1. DIRECTOR OF PLANNING - COMMENDATION Council received copies of a draft of a proposed resolution commending David J. Smith for his service to the City during his tenure as Director of Planning, and Mayor Weathers read the Resolution in full. Council suggested the deletion of the work "uncharted" in the fourth paragraph of the proposed Resolution. RESOLUTION NO. 76-1-21-1: COMMENDING DAVID J. SMITH - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO. CALIFORNIA, RECOGNIZING CONTRIBUTIONS AND SERVICES OF DAVID J. SMITH It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Resolution No. 76-1-21-1 be adopted as amended. ORAL COMMUNICATIONS 1. RELEASE OF OCCUPANCY PERMITS - LEADERSHIP HOUSING John Katzmaier advised that he would address the Council regarding issuance of occupancy permits to Leadership Housing, which appears later on the Agenda. 2. CIVIC CENTER - ACCOMMODATIONS FOR LEGION HALL Mr. Leo Chade addressed the Council regarding his letter dated January 15, 1976, requesting accommodations for a Legion Hall in conjunction with the proposed civic center. Mayor Weathers advised that the letter had been received and would be con- sidered along with requests for a public meeting facility during discussions of the proposed civic center. CONSENT CALENDAR It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried to accept the staff recommendations with regard to the following Consent Calendar items: 1. REPORT OF PLANNING COMMISSION ACTIONS FOR 1/6/76 The Report of actions taken by the Planning Commission at their regular meeting of January 6, 1976, was received for information. 2. CITY TREASURER'S REPORT FOR THE PERIOD ENDING 12/31/75 The City Treasurer's Report for the period ending December 31, 19757 was received for information. 3. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES AS OF 1/9/76 The City* Treasurer's Report of 1911 Act bond delinquencies as of January 9, 1976, was received for information. APPROVAL OF WARRANTS After clarification of Warrants Nos. 6403, 6422, 6426, and 6468, it was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried that the List of Demands, Warrants Nos. 6382 through 6482, inclusive, and 1911 Act Account Warrants Nos. 0173, 0174, and 0175, in the total amount of $360,743,37, be approved as submitted. -3- 1/21/76 5 CULTURAL HERITAGE COMMISSION BYLAWS Council received copies of proposed ByLaws for the Cultural Heritage Commission as required by the Land Use Management Code, from the Director of Administrative Services. Councilmen Byrnes and Heckscher suggested several revisions to the proposed ByLaws. The Director of Administrative Services requested that the ByLaws be withdrawn at this time for re -submittal after the end of the current fiscal year. SUBDIVISIONS AND ANNEXATIONS 1. TENTATIVE PARCEL MAP DOL 75-7 - ASSESSOR'S PA Council received copies of a report dated January 21, 1976, from the Director of Public Works providing information on the appeal of certain conditions of approval for Division of Land 75-7, the division of approximately 24 acres of land at the easterly end of Avenida Sacarama into four parcels. The conditions are contained in Planning Commission Resolution No. PC 75-12-16-2 and were approved by the City Council at their meeting of December 17, 1975. Council also received copies of the letter dated January 13, 1976, from Gus A. Owen, Pacific Western Property Management, citing the items of appeal; and, Mr. Owens addressed the Council. Discussion of the items between Council, Mr. Owens, and the Director of Public Works followed. Condition 1 (right-of-way dedication; public improvements): It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried to direct staff to re -word this condition to obligate the property owners of the four parcels to participate in a public improvement district, including the undergrounding of existing overhead utilities. Condition 3 (access): . It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the applicant be required to obtain legal access to the property approved by the City Engineer. Condition 4 (drainage fees): It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the drainage fees be waived at this time; payment of the drainage fees is to be made at the time of application for building permits. Condition 5 (parks and recreation fees): It was moved by Councilman Ileckscher, seconded by Councilman Nash and unanimously carried that the request for waiver of parks and recreation fees be denied. Condition 7 (minimum lot size): It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried that the final parcel map be revised to insure minimum lot size of 5.0 acres for each parcel, and the property lines of Lots 1 and 2 shallinclude the proposed irrevocably dedicated easement for Avenida Sacarama until such time as it is improved. RECESS AND RECONVENE Council recessed at 9:10 P.M Councilman Byrnes was absent. and reconvened at 9:30 P.M. -4- 1/21/76 51 SUBDIVISIONS AND ANNEXATIONS (CONTINUED) 2. DIVISION OF LAND 72-110 (SMYTH BROS.) - RELEASE OF PUBLIC IMPROVEMENT BOND Council received copies of a report dated January 21, 1976, from the Director of Public Works advising that the required public improvements for DOL 72-110 (Smyth Bros.) have been completed and inspected. Notices of Completion were recorded on March 18, 1975, and December 10, 1975. It was moved by Councilman Nash and seconded by Councilman Sweeney to accept the public improvements for DOL 72-110, to exonerate the Faithful Performance Bond and the Monumentation Bond, and to require an extension of the Labor and Materials Bonds to March 18, 1976, and December 10, 1976. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Weathers NOES: None ABSENT: Councilman Byrnes Councilman Byrnes then re -joined the meeting. 3. STREET LIGHT PLAN - TRACT 5126 (MAURER DEVELOPMENT) Council received copies of a report dated January 21, 1976, from the Director of Public Works forwarding the street light plan for Tract No. 5126, located between the Ortega Highway and San Juan Creek in the vicinity of the easterly City limits. The proposed plan is in accordance with national lighting standards. Council discussed street lighting concepts in general, and Councilmen Nash and Heckscher suggested that the following items be considered by staff in establishing guidelines for street light plans: Street lights are not to be excessive in number; specifications should include brightness, color, location, height, and style of fixtures; some flexibility is to be allowed with regard to style and variety of lights. The street light plan will be brought back for Council con- sideration at a later date. INISTRATIVE ITEMS: CITY MANAGER 1. R Council received copies of a report dated January 21, 1976, from the City Manager forwarding a letter dated January 5, 1976, from Ken Kirk, President, Capistrano Valley Horsemen's Association, requesting the establishment of an Equestrian Committee within the City. Councilman Byrnes suggested the formation of an Equestrian Commission in order to retain the equestrian lifestyle in the community. The proposed commission's functions would be to check tract maps for establishment of horse trails, to oversee sanitation at stables, and to serve as coordinator between the City staff and equestrian -minded residents. Councilman Nash suggested that the Parks and Recreation Commission form an ad hoc committee whose purview would be limited to equestrian trails. -5- 1/21/76 52 It was moved by Councilman Sweeney, seconded by Councilman - Nash and unanimously carried to instruct the Parks and Recreation Conuni.ssion to invite representatives of the Horsemen's Association to meet with the Commission in order to determine in which manner the equestrian organizations can act in an advisory manner to the Parks and Recreation Commis- sion. It was the consensus of the Council that Mr. Nash's conmient regarding an ad hoc committee be conveyed to the - -.Commission. t'was then moved by Councilman Heekscher, seconded by --Councilman -Sweeney aiid unanimously carried that the motion be re=considered and amended -to 'read as-followsi-"-`-'- The Parks anti Recreation Coimnission is instructed to invite representatives of the Horsemen's Association to meet with the Commission in order to determine in which manner equestrian organizations can act to preserve and protect the equestrian amenities of the community. DIRECTOR OF PLANNING 1. REOUEST TO WITHHOLD ISSUANCE OF OCCUPANCY PERMITS TO Council received copies of a report dated January 21, 19760 from the Acting Director of Planning regarding a letter dated December 20, 1975, from John F. Katzmaier, Sunhollow Home- owners Association. The letter requests that the City withhold occupancy permits for the final unit of the Sunhollow develop- ment until such time as Leadership housing Systems, Inc., completes the installation of all recreational equipment, i.e., tot lot, benches, table, and croquet layout. Mr. Katzmaier addressed the Council. Council also received copies of a letter dated January 6, 1976, from T.A. Dorsey, Leadership Housing Systems, citing the items of concern and listing the improvements to be installed in conjunction with Phase III of the development. Councilman Nash suggested this letter be attached to the development plans. Mayor Weathers ordered the report received and filed. Staff is to report to Council the results of a meeting scheduled between representatives of the Homeowners Association, Leadership Housing, and the City. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. ING COMMISSI FOR CARWASH - Council received copies of a report dated January 21, 1976, from the Director of Public Works providing background infor- mation on the appeal of Conditions of Approval for CUP 75-5, the installation of a carwash on the west side of Camino Capistrano at its intersection with San Juan Creek Road. Council also received copies of letters dated December 22, 1975, and January 10, 1976, from Ralph E. Herrera, representing Kord Industries, the appellant. Air. Herrera, 835 Agate Street,. Anaheim, addressed the Council and provided exhibits for Council consideration. After discussion of the matter, Mayor Weathers directed that this item be held over to the Council meeting of February 4, 1976, for further consideration. -6- 1/21/76 2. SEWER CONNECTION FEE REQUEST FOR WAIVER (FORSTER)_ `-- Council received copies of a report dated January 21, 1976, from the Director of Public Works forwarding a request for a waiver for a second sewer connection fee from Mr, and Mrs. Tony Forster in conjunction with the remodeling of their residence at 31312 Guadalupe Street. It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that the waiver be granted. 3. REOUEST FOR SEWER REIMBURSEMENT - TRACT 7221 7STRAUB DISTRIBUTING COMPANY) Council received copies of a report dated January 21, 1976, from the Director of Public Works regarding the request of Straub Distributing Company for a reimbursement for the installation of an oversized sewer line to accommodate adjacent properties in conjunction with Tract 7221. The City had previously collected sewer connection fees from the other properties. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried to approve payment in the amount of $2,151.00 to Straub Distributing Company, represent- ing total reimbursement for the construction of an oversized sanitary sewer line in conjunction with Tract 7221. 4. VALLE ROAD AHFP PROJECT NO. 774. CANCELLATION Council received copies of a report dated January 21, 1976, from the Director of Public Works providing information on the proposal that the extension of Valle Road southerly to the Serra on-ramp in Capistrano Beach and the street widening be cancelled. Cancellation of the project will free County and City funds for allocation to other City projects. RESOLUTION NO. 76-1-21-2: CANCELLATION OF AHFP - VALLE ROAD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CANCELLING AN IMPROVEMENT PROJECT ON VALLE ROAD, .COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM NO. 774 It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that Resolution No. 76-1-21-2 be adopted. CULTURAL HERITAGE COMMISSION 1. PERMIT REQUIREMENTS RE HISTORICALLY SIGNIFICANT SITES Council received copies of a report dated January 21, 1976, from the Director of Administrative Services forwarding recommendations from the Cultural Heritage Commission for revisions to Section 2.3.17 and 2.3.16 of the Land Use Management Code. It was the consensus of Council that the wording of Section 2.3.17 of the Land Use Management Code should be reviewed, but that the Code should not be amended at this time. 2. INVENTORY OF HISTORICALLY SIGNIFICANT SITES INCLUSION OF CERTAIN STREETS Council received copies of a report dated January 21, 1976, from the Director of Administrative Services forwarding recommendations from the Cultural Heritage Commission. -7- 1/21/76 54 STREETS - RESOLUTION NO.7_fi-1-21-3: HISTORICALLY SIGNIFICANT A RESOLUTION OF THE' CI'T'Y COUNCIL 01' TILE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INCLUDING CERTAIN STREETS IN TIIE INVENTORY OF HISTORICALLY SIGNIFICANT SITES It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Resolution No. 76-1-21-3 be adopted. The Resolution provides for the inclusion of the following streets to the Inventory: Los Rios Street from Del Obispo Street to Mission Street; E1 Camino Real from La Zanja to Forster Street; Camino Capistrano south of the Mission to E1 Adobe; Spring Street. Councilman Nash requested that the large "C" sign on the hillside at the northwest portion of the valley and the water tank located on Forster Canyon Road be considered for addition to the Inventory. PARKS AND RECREATION COMMISSION 1. ACCEPTANCE OF RESIGNATION - COMMISSIONER SURLES Council received copies of a letter dated January 2, 1976, from Minnie Surles, Chairman, Parks and Recreation Commission, submitting her resignation from the Commission. It was the consensus of the Council that the resignation be accepted. Staff is directed to prepare an appropriate resolution of coimnendation for Mrs. Surles' service to the community during the past five years. ORANGE COUNTY HOUSING AUTHORITY The City Manager advised that John Manypenny, the City's repre- sentative to the Orange County Housing Authority, had withdrawn his resignation from that agency and, therefore, there was no need for Council action at this time. COUNCIL REMARKS 1. INTERGOVENAIENTAL COORDINATING COUNCIL Councilman Heckscher suggested that another member of the City Council be appointed to serve as the City's representa- tive to the lntergovernmental Coordinating Council, since he is often unable to attend the meetings. 2. PROPOSED COUNCIL AGRICULTURE COMMITTEE - RE BALLOT MEASURE Councilman Nash suggested the formation of a Council committee to meet with property holders in the prime agricultural area in order to explain the program document and answer any questions, to act as liaison between the Council and the farmholders'and to assess the results of the Opinion Questions listed on the upcoming election ballot for report to the Council. It was the consensus of the Council that Councilman Nash and Councilman Heckscher serve as that Council committee. AMERICAN BICENTENNIAL FREEDOM TRAIN VISIT Mayor weathers commended the City staff for the job done in conjunction with the visit of the American Freedom Train on January 19 and 20, 1976. -8- 1/21/76 ADJOURNMENT �5 There being no further business before the Council, the meeting was adjourned at 11:10 P.M. to the next regular meeting date of Wednesday, February 4, 1976, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, MARY AN HANOVER, CITY CLERK APPROVED: 1/21/76 56 FEBRUARY 4, 1976 REGULAR MEETING OF TIIE CITY COUNCIL SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council was called to order by Mayor Weathers at 7:00 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag, invocation was given by Mayor pro tem John B. Sweeney. ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor John B. Sweeney, Mayor pro tem Councilman Roy L. Byrnes Councilman Douglas B. Nash COUNCILMEN ABSENT: Councilman Yvon O. Heckscher, who joined the meeting at 7:33 P.M STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Administrative Services; William D. Murphy, Director of Public Works/City Engineer; Larry Lawrence, Acting Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES January 7, 1976: It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that the Minutes of the Regular Meeting of January 7, 1976, be approved as submitted. January 14, 1976: It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that the Minutes of the Adjourned Regular Meeting of January 14, 1976, be approved as submitted. January 21, 1976: It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that the Minutes of the Regular Meeting of January 21, 1976, be approved as submitted. Councilman Nash noted that the item on page 8 regarding the Council Agricultural Committee had been amended to read that the committee will con- sist of Councilmen Nash and Heckscher. MOTION TO READ BY TITLE ONLY It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that all resolutions and ordinances be read by title only. BIDS, CONTRACTS, AGREEMENTS 1. ALIPAZ STREET RIGHT-OF-WAY - AGREEMENT AND ACCEPTANCE OF Council received copies of a report dated February 4, 1976, from the Director of Public Works forwarding an agreement, a Grant Deed, and an easement deed for the acquisition of street right-of-way for the improvements of Alipaz Street at Camino Del Avion from Kinoshita Properties. The project includes street improvements to be financed by the Arterial Highway Financing Program and a storm drain to be financed by the City Engineer's Flood Control Advisory Council funding program. The City will be reimbursed for 50% of the cost of the right-of-way acquisition. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to approve the Agreement for the acquisition of a right-of-way for the improvement of Alipaz Street, to accept the easement deed for street and highway purposes, and to accept the Grant Deed for the remaining triangular parcel. -1- 2/4/76