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74-0204_CC_Minutes_Regular MeetingFEBRUARY 4, 1974 REGULAR MEETING OF THE CITY COUNCIL, CITY OF SAN JUAN CAPISTRANO 63 The Regular Meeting of the City Council was called to order by Mayor Byrnes at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by George Madsen, Senior Project Engineer. ROLL CALL: Councilmen Present: Roy L. Byrnes, Mayor 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 MOTION TO READ BY TITLE 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 - NONE BIDS, CONTRACT, AGREEMENTS 1. CHANGE ORDER - CASITAS CAPISTRANO STORM DRAIN PROJECT It was moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried to approve Change Order No. 1 to Rockport Construction Company for time extension only in the amount of 28 days, in accordance with the Public Works Director's Memoran- dum of January 29, 1974. ORDINANCES. RESOLUTIONS 1. ORDINANCE NO. 258: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO REPEALING ORDINANCE NO. 2 AND AUTHORIZING THE DESIGNATION OF PUBLIC PLACES FOR THE POSTING OF OFFICIAL NOTICES BY RESOLUTION was read by title by the City Attorney, for the second time. It was moved by Councilman Chermak, seconded by Councilman Thorpe, and unanimously carried to adopt Ordinance No. 258. SUBDIVISIONS, ANNEXATIONS 1. PROPOSED ANNEXATION TO DANA POINT SANITARY DISTRICT There being no objections, the Public Works Director's Memorandum of January 31, 1974 was received and filed. COMMUNICATIONS - WRITTEN 1. PETITION FROM RESIDENTS OF DANA MARINA MOBILE HOME ESTATES RE: The Public Works Director reported on the activities to date in an attempt to isolate an odor source, and stated that he had met with the management and other interested parties at the mobile home park to review the problems which seem to be intermittent, and to assure the residents that there would be a thorough investigation. During the brief Council discussion, it was pointed out that the designers have a responsibility to find a solution to whatever inadequacy may exist in terms of an odor -free plant. Staff was directed to make a continuing effort to achieve an environmentally acceptable operation. FES 41974 6 City Council Minutes February 4, 1974 Page 2 COMMUNICATIONS - ORAL John B. Sweeney, 25991 Calle Ricardo, spoke to the City Council of his concern with respect to the operation of mobile home parks and what kinds and degrees of controls may be exercised by their manage- ment, with particular reference to political meetings. Yvon O. Heckscher, 32341 Del Obispo, spoke in support of Mr. Sweeney's remarks. PLANNING COMMISSION MATTERS - NONE ADMINISTRATIVE 1. PETITION RE: CALLE ASPERO IMPROVEMENT In addition to the Public Works Director's Memorandum of January 31, 1974, the Senior Project Engineer reported orally with respect to extensive research of records of lot splits and divisions of land affecting the properties in question. He stated that most properties carry an irrevocable offer to dedicate necessary rights of way and, further, that most agreements state that improvements will be in- stalled by the property owners when requested by the City. He ad- vised that the time is appropriate for such requests to be made. He discussed the status of the various improvements and suggested various approaches to resolution of the problems. Richard McMechan, 31841 Paseo Alto Plano, expressed the concerns of the residents of the Meissner Tract with respect to safety. It was moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried to direct Staff to pursue all feasible routes to bring about development of the balance of the street improvements as soon as possible. Staff was further directed to prepare a report for Council, setting forth all feasible alternatives for a rapid resolution of the existing problems. — 2. ALIPAZ RECREATIONAL VEHICLE PARK Following discussion, it was moved by Councilman Thorpe, seconded by Councilman Weathers, to approve Recommendation 2, as set forth in the Planning Director's Staff Report, dated January 31, 1974 (LUP 72-121) to the effect that the Council make a finding that substantial con- struction has commenced but that this construction must be diligently prosecuted under the schedule therein set forth. The motion carried with the following roll -call vote: AYE: Councilmen Byrnes, Chermak, Thorpe and Weathers NAY: Councilman Gammell 3. COUNTY NOISE ORDINANCE AND ENFORCEMENT AGREEMENT In amplification of his Memorandum dated January 30, 1974, the City Manager discussed projected costs for enforcement by the County. William Bathgate, 29634 Camino Capistrano, inquired about the wind machines on his property and was advised that they would be exempted as an agricultural use. It was moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried to approve the City Manager's Recommendation and refer the matter back to Staff to work with the County to prepare an appropriate ordinance. 4. ORANGE COUNTY FLOOD CONTROL PERMIT FOR THE R. L. PYLE PROPERTY It was moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried to approve the Flood Control Permit and authorize the Public Works Director to sign the same on behalf of the City, as recommended in Memorandum of January 29, 1974. (Permit No. 36973) FEB 41974 City Council Minutes February 4, 1974 Page 3 ADMINISTRATIVE (Cont'd) 65 5. PARKING CONTROLS ON OSO PARKWAY BETWEEN AVENIDA DE LA VISTA AND CAMINO CAPISTRANO The Senior Project Engineer discussed the problem as it relates to safety sight distances, illustrated by an especially -prepared plat map, as well as PUC standards. Ben Michalec expressed the concern of residents who find it necessary to park across the street. He stated that there had been on -street parking for them when they first occupied the units, and its sub- sequent elimination had been an unexpected loss of convenience. It was moved by Councilman Thorpe, seconded by Councilman Gammell, to authorize no change at this time. The motion carried the the following roll -call vote: AYE: Councilmen Byrnes, Chermak, Gammell and Thorpe NAY: Councilman Weathers In response to questions, the Public Works Director stated that three parking spaces would be the maximum allowable to permit safe turning from Avenida De La Vista and safe sight distances from Oso Parkway. 6. LEGISLATIVE AIDES It was moved by Councilman Weathers, seconded by Councilman Gammell, to approve alternate action No. 1, as contained in the City Manager's Memorandum dated January 29, 1974; i.e. to appoint Council Committee to interview applicants. The motion carried with the following roll - call vote: AYE: Councilmen Byrnes, Gammell, Thorpe and Weathers NAY: Councilman Chermak 7. ADOPTION OF 1973 UNIFORM FIRE CODE It was moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried to approve the City Manager's Recommendation as contained in his Memorandum dated January 31, 1974, to direct staff to prepare ordinance for next available agenda. Deputy Fire Marshal Stanley Boettcher advised Council that the Code as amended does permit "safe and sane" fireworks. RECESS - Mayor Byrnes recessed the meeting at 8:55 p.m. and recon- ve�ne —at 9 p.m., with all five Council Members present. CONSENT CALENDAR 1. PROCLAMATION OF VOCATIONAL EDUCATION WEEK There being no objections, Mayor Byrnes announced the Proclamation. COMMITTEE REPORTS 1. CIVIC CENTER SUB -COMMITTEE The Council briefly discussed their preferences as to locations, however, no action was taken. Randy Williams advised that the drive-in theater is comprised of approximately seven acres and that the lease runs for 25 years. STAFF REPORTS 1. DIRECTOR OF FINANCE - Report dated January 31, 1974 received and filed. 2. DIRECTOR OF PLANNING - Report dated January 31, 1974 received and filed. Mayor Byrnes initiated discussion with respect to a "critique of the Capistrano Valley General Plan and various development proposals in the.Dana Point area." FEB 41974 Me City Council Minutes February 4, 1974 Page 4 STAFF REPORTS (Cont'd) The Planning Director reviewed some points of concern contained in a critique at the request of the Planning Commission, as follows: 1. The name: Capistrano Valley General Plan; 2. Activities Center; Redevelopment of the older Capistrano Beach area --have stated that that is a premature decision to which we are opposed. 3. DIRECTOR OF PUBLIC WORKS - Report dated January 31, 1974 received and filed. In response to questions, the Senior Project Engineer advised that the bridge widening on Del Obispo has been set back at least sixty days. WARRANTS - NONE COUNCIL REMARKS 1. It was moved by Councilman Chermak to adopt Resolution No. 74 -2 -4 - urging the Orange County Board of Supervisors to move to acquire Starr Ranch for County purposes rather than allow it to be purchased for private development. Councilman Thorpe seconded the motion, which carried unanimously. The aforesaid resolution was read by title by the City Attorney. The City Manager was directed to telephone each member of the Board of Supervisors on February 5th to advise them of Council action. 2. Pursuant to the Mayor's suggestion, Council authorized him, on behalf of the City, to join with the San Juan Historical Society in an invitation to the Southern California Historical Society to hold their annual conference in San Juan Capistrano in 1976, the national bicentennial year. He advised that this would bring approximately 400 historians to the City for a four-day stay. It was suggested that the City should assist in making certain that the visitors would have adequate accommodations for housing and meetings and that the City might consider some financial assistance in keeping with the Bicentennial program. 3. Following a discussion of the failure on the part of Von's Market to observe the sign regulations by allowing inappropriate signs to be installed in the parking area, Staff was directed to prosecute if said signs have not been removed by the date of the next Council Meeting. 4. Councilman Gammell commented favorably on the prospect that the Council would have the budget document for study in sufficient time to enable them to adopt the 1974-1975 budget before June 30, 1974. ADJOURNMENT There being no further business to consider, Mayor Byrnes adjourned the meeting at 9:50 p.m. The next Regular Meeting is scheduled for February 11, 1974, at 7 p.m. in the City Council Chambers. oy L: isyrnes M.U., mayor o City of San uan Capistrano FEB 41974