Loading...
74-0114_CC_Minutes_Regular Meeting52 JANUARY 14, 1974 REGULAR MEETING OF THE CITY COUNCIL, CITY OF SAN JUAN CAPISTRANO The Regular Meeting of the City Council was called to order by Mayor Byrnes at 7:05 p.m. The Pledge of Allegiance was recited man James K. Weathers. ROLL CALL: Councilmen Present Invocation was given by Council - Roy L. Byrnes, Aayor Edward S. Chermak Josh Gammell James F. Thorpe James K. Weathers Councilmen absent: None Staff present: Donald G. Weidner, City Manager George Madsen, Senior Project Engineer William Murphy, Director of Public Works James Okazaki, City Attorney John O'Sullivan, Director of Finance David Smith, Director of Planning Jo Bennitt, City Clerk APPROVAL OF MINUTES There being no objections or corrections, the Minutes of the Special Meeting of January 3, 1974 were ordered approved. MOTION TO READ ORDINANCES AND RESOLUTIONS BY TITLE ONLY It was moved by Councilman Weathers, seconded by Councilman Gammell and unanimously carried that all Ordinances and Resolutions be read by title only. PUBLIC HEARINGS There were no matters scheduled for public hearing at this time. BIDS, CONTRACTS, AGREEMENTS 1. RESOLUTION NO. 74-1-14-1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF TURFING OF BONITO AND FOUR OAKS PARKS IN THE CITY OF SAN JUAN CAPISTRANO, IN ACCORDANCE WITH CONTRACT ENTERED INTO BETWEEN EXOTICA NURSERY/ JOHN BIONDI AND THE CITY OF SAN JUAN CAPISTRANO was read by title by the City Attorney. It was moved by Councilman Weathers, seconded by Councilman Gammell and unanimously carried to adopt Resolution No. 74-1-14-1. 2. CHANGE ORDER NO. 4: CAMINO CAPISTRANO IMPROVEMENT DISTRICT It was moved by Councilman Weathers, seconded by Councilman Chermak and unanimously carried to approve alternates 1 and 2 of said re- commendation. 3. GENERAL PLAN AGREEMENT (HAWORTH�ANDERSON-LAFER): REVIEW OF FIRST PHASE Councilman Chermak expressed some concern about the lack of formal printed reports with respect to ecological impact and economic feasibility in relation to the General Plan. The City Manager re- sponded that the Council will receive a written comprehensive eco- nomic analysis before the General Plan is presented in final form for adoption. Councilman Thorpe asked for an analysis of the impact of the proposed land use element upon current zoning. In response to the request, the Planning Director agreed to have available for the Council at the next Regular Meeting, an overview of zone changes necessary for conformance with the proposed General Plan, noting that it would not be in reproducible form, • Q AN 14 1174 r� City Council Minutes January 14, 1974 Page 2 Pursuant to the recommendation of the Director of Planning, in Memo- randum, dated January 9, 1974, and entitled "General Plan Contract," it was moved by Councilman Weathers; secendPd by Councilman Thorpe, and unanimously carried to authorize Haworth-Anderson-Lafer to proceed with Phase IV, and to direct Staff to prepare a report relative to the status of the contract. 4. VALLE ROAD IMPROVEMENT DISTRICT - CONTRACT FOR ENVIRONMENTAL IM- PACT REPORT The Planning Director advised Council that their approval of the speci- fications embodied in this basic contract was being sought, as well as the designation of the consultant who is to prepare the report. He pointed out that the bid prices are not precise, in that the scope of the EIR has not yet been fully determined. Pursuant to the recommendation of the Director of Planning, dated January 9, 1974, Councilman Weathers moved to designate the firm of Envista as the consultants to prepare the EIR for the Valle Road Im- provement District, subject to the receipt of payment from the pro- ponent of the district for the preparation of the report and associated costs. Councilman Chermak seconded the motion which carried unanimously. ORDINANCES, RESOLUTIONS 1. ORDINANCE NO. 256: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING ORDINANCE NO. 56 AND REPEALING ALL ORDINANCES IN CONFLICT WITH SAID AMENDMENT (SUBDIVISIONS) was read by title by the City Attorney. Councilman Weathers moved to adopt Ordinance No. 256. Councilman Chermak seconded the motion which carried unanimously. 2. ORDINANCE NO. 244: AN ORDINANCE OF THE CITY OF SAN JUAN CAPIS- TRANO AMENDING THE PRECISE ZONING MAP AS ADOPTED BY ORDINANCE NO. 115, SECTION 3.01.3 TO BE DESIGNATED RZ 73-114, AMENDMENT NO. 31 (SECOND READING), Pursuant to oral request by Director of Planning, said second reading was ordered deferred to the Regular Meeting of January 28, 1974: COMMUNICATIONS - (WRITTEN) 1. LETTER FROM JOHN R. PHILP, M.D., ORANGE COUNTY HEALTH OFFICER RE: NOISE CONTROL ORDINANCE AND ENFORCEMENT AGREEMENT Pursuant to the suggestion of Councilman Chermak, this matter was deferred for consideration together with the City Manager's Report re: Sunday Construction Ordinance, an Administrative item on this agenda. COMMUNICATIONS - (ORAL) 1. ALIPAZ RECREATIONAL VEHICLE PARK, 32122 Alipaz St., LUP 72-121 Mr. Roland Olsen, General Contractor, 25952 Avenida Mariposa, addressed Council with respect to his letter of January 14, 1974 which had been filed with Council just prior to this meeting. Inasmuch as Council had not had an opportunity to study the matter, and there being no objections, Mayor Byrnes ordered deferment to the next Regular Meeting, with a directive to Staff to prepare a report and recommendation. ADMINISTRATIVE 1. FLOOD CONTROL PROJECT - TRABUCO CREEK: PROGRESS REPORT NO. 6 The report prepared by the Public Works Director and dated January 10, 1974 was ordered received and filed. JAS! 141974 City Council Minutes January 14, 1974 Page 3 2. DOL 72-110: RIGHT OF WAY EASEMENTS FOR SMYTH BROS. Pursuant to the recommendation of the City Engineer under date of January 8, 1974, Councilman Gammell rs^---ed to accept the twc riLht of,way easements from the Veta Company, designated E 74-1 and E 74-2. Councilman Weathers seconded the motion which carried unanimously. 3. 1911 ACT DELINQUENCIES: TREASURER'S REPORT OF JANUARY 1, 1974 Said report was ordered received and filed. 4a. CAMINO CAPISTRANO IMPROVEMENT DISTRICT: PROGRESS REPORT The City Engi'neer's report dated January 9, 1974, was ordered received and filed. 4b. CAMINO CAPISTRANO STORM DRAIN: PROGRESS REPORT The City Engineer's report dated January 9, 1974, was ordered received and filed. In response to Councilman Gammell's question, the Senior Project Engineer advised that the fees established by the initial report on draninage fees are now unrealistically low. He indicated that an increase of 357o to 40%, now warranted, will be recommended as soon as the County Flood District has concurred and taken action to es- tablish a similar fee structure for adjoining county areas. 5. ORDINANCE NO. 216 - SUNDAY CONSTRUCTION: ENFORCEMENT REPORT Pursuant to the City Manager's Report dated January 9, 1974 and the letter from the Orange County Health Officer re: County Noise Ordi- nance and Enforcement Agreement, Councilman Chermak suggested that the County ordinance, enforced by the County, might be more effective than the City Ordinance controlling Sunday construction, which the District Attorney had advised that he could not enforce, on consti- tutional grounds. The City Attorney advised that the District Attorney's stand on this specific ordinance would not affect the enforcement of other local ordinances. The City Manager suggested that the City might require a different set of standards for Sundays. In response to Councilman Chermak's query, the City Manager stated that the County Health Department would enforce the ordinance in partici- pating cities for a fee based on a work load of 3.64 hours per 1,000 population and an hourly cost computed at $20.00. Councilman Gammell noted that the City's more stringent standards should also be applicable and should be enforced by the County. There being no objections, staff was directed to advise the County Health Officer that the City is interested, and to develop further information. Councilman Chermak was asked to serve as coordinator for this matter and to bring it back to Council when he deems appropriate. WARRANTS Councilman Chermak moved to approve Warrants No. 2845 through 2868 in the total amount of $228,551.04, as submitted in the List of Demands dated January 14, 1974. Councilman Weathers seconded the motion which carried unanimously. COUNCIL REMARKS 1. Mayor Byrnes suggested that appropriate "friendly" welcome signs be installed at all entrances to the City. No action taken by Council at this time. 2. Mayor Byrnes expressed concern with respect to notification of ;SAN 141974 City Council Minutd� January 14, 1974 Page 4 public hearings which have been continued from time to time. He expressed a desire to adopt a procedure that would ensure that inter- ested persons would be duly notified of the dates when deferred matters would be recryrsidcred. Councilman Thorpe suggested resolution of the problem by adopting a policy of adjournment of public hearings to a time certain. There was concurrence, and staff was directed to remind Commission Chairmen and the Mayor of said policy. 3. Councilman Chermak noted that he had filed with the City Manager some literature from the National League of Cities conference. He expressed willingness to report more fully, orally or in writing, should that be desired. 4. Councilman Chermak reported that he had given to Councilman Thorpe some information on a proposal made regarding a study for Civic Center sites, and that a recommendation would be coming back to the Council in the near future. 5. Councilman Thorpe asked that the Agenda for the next Regular Meeting (January 28, 1974) include a discussion of long-term parks and recreation concerns, to include consideration of priorities, funding, etc. He asked that a fact sheet be developed. 6. Councilman Thorpe reported that the School District is considering the development of Capistrano School as a possible recreation center, and might be requesting the City to participate financially. It was his feeling that this should be encouraged. Councilman Thorpe moved to direct staff to contact the School District in this regard. Councilman Weathers seconded the motion which carried unanimously. 7. Councilman Thorpe expressed displeasure with respect to a contention by Glendale Federal Savings that they do not receive notification of matters in which they profess an interest. Staff was directed to prepare an appropriate response to their recent letter. 8. With respect to a .January 6, 1974 article in the Los Angeles Times: "City Services: Why You Pay More or Less," the Director of Finance was directed to develop a response to correct the distortion of the City's expenditures as portrayed by the reporter. 9. The Director of Public Works asked for policy direction with re- spect to a proposed tour and informal informative discussion relative to the new SERRA facility. The time was set for Saturday, February 2nd.at 9:30 a.m. at the facility, with an invitation to be extended to the general public, especially to Council candidates. 10. The City Manager suggested a brief session on January 28th, when Council might advise Staff of preferred programs to be included in the 1974-1975 Fiscal Year Budget now in preparation, with a brief personnel session for "Meet and Confer" to follow. 11: In response to the City Manager's query with respect to additional appointments to the Energy Utilization Committee, Mayor Byrnes advised that the following persons had been added: Forrest Dunivin and Richard McKeehan. He invited other Members of Council to offer additional suggestions at any time. ADJ©URNtdENT Mayor Byrnes adjourned the meeting at 8:37 p.m. The nr;xt Regular Meeting of the January 28, 1974, at 7:00 p.m., ATTE P�Z7141, City Council is scheduled for Monday, in the City Council Chamber. Roy L. By es, M.D., Mayor of the City of SAn Juan Capistrano JAN 1419 74