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74-0223_CC_Minutes_Regular MeetingFEBRUARY 25, 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 7:00 p.m., in the City Council Chambers. 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 APPROVAL OF MINUTES There being no additions or corrections offered, Mayor Byrnes ordered the Minutes of the Regular Meeting of February 4, 1974 be approved as submitted. MOTION TO READ BY TITLE ONLY It was moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried to read all Ordinances and Resolutions by title only. PUBLIC HEARINGS 1. ORDINANCE NO. 259: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ESTABLISHING AND ADOPTING BY REFERENCE THE 1973 UNIFORM FIRE CODE, WITH AMENDMENTS, was given second reading by the City Attorney. The Mayor opened the public hearing. There was no response. Mayor Byrnes closed the public hearing reserving the right to reopen at any time. It was moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried to adopt Ordinance No. 259. 2. RESOLUTION NO. 74-2-25-1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING THE PARKS AND RECREATION ELEMENT OF THE GENERAL PLAN BY REVISING THE PLAN FOR BICYCLE, EQUESTRIAN AND HIKING TRAILS was read by title by the City Attorney Mayor Byrnes opened the public hearing. The Planning Director introduced Larry Lawrence, Assistant Planner, whk pointed out on display maps the proposed changes in the bicycle and equestrian trails. Julius Schnell, 26412 Calle Lucana, on behalf of himself and the Cyclistas Capistrano, spoke in favor of the bicycle trails and offered assistance to the City in terms of ideas for the development. Mayor Byrnes closed the public hearing reserving the right to reopen at any time. Mr. Lawrence advised that the plan will probably be considered by the Board of Supervisors in early April. It was moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried to adopt Resolution No. 74-2-25-1. FEB 2 51974 73 City Council Minutes February 25, 1974 Page 2 BIDS,,CONTRACTS, AGREEMENTS 1. CAMINO CAPISTRANO IMPROVEMENT DISTRICT CHANGE ORDER - TIME EXTENSION It was moved by Councilman Chermak, seconded by Councilman Thorpe, and unanimously carried to approve Change Order No. 5, allowing a time extension of 20 days, extending the completion from March 2, 1974 to March 22, 1974, pursuant to the Recommendation of the City Engineer, dated February 21, 1974. ORDINANCES, RESOLUTIONS 1. RESOLUTION NO. 74-2-25-2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CONSENTING TO THE ENFORCEMENT OF CERTAIN STATE HEALTH RULES AND REGULATIONS BY THE HEALTH OFFICER OF THE COUNTY OF ORANGE was read by title by the City Attorney. It was moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried to adopt Resolution No. 74-2-25-2. SUBDIVISIONS, ANNEXATIONS 1. TRACT NO. 7262 (LEADERSHIP) - FINAL MAP It was moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried to accept the Final Tract Map No. 7626, bonds, fees, easement for temporary road purposes, and authorize the execu- tion of the Public Improvement Agreement, Tract Map, easement, and agreement for off-site right-of-way, pursuant to the recommendation of the City Engineer, dated February 21, 1974. COMMUNICATIONS - WRITTEN 1. FROM COUNTY ADMINISTRATIVE OFFICER RE: STATE BEACH, PARK RESOLUTION NO. 74-2-25-4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO SUPPORTING THE COUNTY OF ORANGE PRIORITY PLAN OF EXPENDITURE --STATE BEACH, PARK, RECREATIONAL AND HISTORI- CAL FACILITIES BOND ACT OF 1974 was read by title by the City Attor- ney. It was moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried to adopt Resolution No. 74-2-25-4 and to desig- nate the funds received for Long Park. 2. LETTER FROM DOUGLAS WHINNERY RE: PRESERVATION OF HISTORICAL UILDINGS It was noted that the Citizen's Policy Plan provides for a Heritage Commission; and Council has said this would be part of the new General Plan. PLANNING COMMISSION MATTERS 1. PLANNING COMMISSION ACTIONS Following discussion on several of the Planning Commission actions set forth in the report, the Mayor ordered that it be received and filed. 2. CRITIQUE OF CAPISTRANO VALLEY GENERAL PLAN Council authorized Mayor Byrnes to sign and send the letter attached to Planning Staff Report dated February 21, 1974. Said letter was directed to M. Roy Knaust, Chairman, Orange County Planning Com- mission, with a copy to the Orange County Board of Supervisors. FEB 251974 74 City Council Minutes February 25, 1974 Page 3 PLANNING COMMISSION MATTERS (Cont'd) 3. SCOPE OF WORK FOR CONSULTANT'S CONTRACT No action was taken with respect to the Planning Director's Re- port dated February 21, 1974. ADMINISTRATIVE 1. CALLE ASPERO IMPROVEMENTS Council had before them the City Engineer's pertinent report, dated February 19, 1974. Richard McMechan, 31841 Paseo Alto Plano, suggested an alternative not included in the Engineer's report; to wit: developer be required to pave both sides of the roadway, as an additional condition of tract approval, under the City's police power. Possible application of the 1911 Improvement Act was discussed. The Senior Project Engineer advised that the City has agreements with two-thirds of the parcels to put in improvements when so directed by the City; therefore, it would be feasible to apply the 1911 Act. This would spread payment over ten years. Staff was directed to prepare cost figures for Council's consideration at the next regular meeting. 2. SCHOOL SITE - ORTEGA Council had before them a proposed agreement prepared by the City Attorney. There was discussion as to whether or not it is appropriate for the City to be a party to said agreement. It was moved by Councilman Weathers, seconded by Councilman Chermak to approve said agreement. The motion was not carried. ROLL CALL: AYE: Councilmen Chermak and Weathers NAY: Councilmen Byrnes, Gammell and Thorpe It was moved by Councilman Thorpe, seconded by Mayor Byrnes and unanimously carried to adopt RESOLUTION NO. 74-2-25-3: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ACKNOWLEDGING THAT THE PROPOSED AGREEMENT BETWEEN DEVELOPERS AND SCHOOL DISTRICT RELATING TO A SCHOOL SITE ALONG ORTEGA HIGHWAY SATISFIES THE CITY'S CONCERN PREVIOUSLY EXPRESSED IN CONNECTION WITH DENIAL OF TENTATIVE TRACTS 7673, 8485 and 5126. 3. COMMUNITY COUNSELING CENTER IN Councilman Thorpe urged some statement that this service has been added to the City's list of recognized charities, in view of the fact that it has the backing of the Orange County Development Council, which is a strong community -participation type operation with community people sitting on the Board of Directors. The City Manager was directed to invite a representative of the Counseling Center to be available for questions at the next regular meeting; and the City Attorney was directed to prepare a Resolution incorporating thoughts to.the effect that the problems of alcoholism and drug abuse are County -wide, and citizens benefit by local avail- ability of guidance in these matters; therefore, the City Council recognizes the Community Counseling Center as filling a local commu- nity need in giving service to its citizens. 4. CITY TREASURER'S REPORT: CASH BALANCE AND INVESTMENTS JANUARY 7 Said report was ordered received and filed. -L,S 2 51974 75 City Council Minutes February 25, 1974 Page 4 ADMINISTRATIVE (Cont'd) 5. REQUEST FOR WAIVER OF CONDITIONS OF APPROVAL - STRAUB INDUSTRIAL P RK Following discussion, the Director of Public Works was requested to prepare an Agreement and Waiver for consideration at the next regular meeting. 6. DIVISION OF HIGHWAYS SURPLUS PROPERTY No action was taken pending seating of new Council. PARKS AND RECREATION MATTERS 1. SERRA PARK DEVELOPMENT - AUTHORIZATION TO PREPARE BID DOCUMENTS Staff was directed to prepare bid specifications for Council con- sideration on March 25, 1974. COMMITTEE REPORTS 1. CIVIC CENTER SUB -COMMITTEE Councilman Chermak stated preference for the following sites, without precluding further consideration of any locations originally presented for study: 1.(a) Williams-Vermuelen 2.(i) San Juan Creek Road -La Novia 3.(b) Los Rios -Ito Nursery to Impound Yard Councilman Weathers urged serious consideration of the Zaenglein property. No action was taken. WARRANTS It was moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried to approve Warrants No. 3003 through No. 3053 and 1911 Act Warrant 0129, for a total amount of $34,969.95. COUNCIL REMARKS 1. Councilman Thorpe expressed the opinion that World Repair re- cycling operation be advised of a date after which the City would no longer be supportive, because commercial recycling is becoming more economically feasible. The City Manager advised that the City's contract with World Repair would be coming to Council for renewal on March 11, 1974. Walter Jobson, representing World Repair, told Council it would probably require a three-year time span for debt clearance by the non-profit corporation. 2. Councilman Thorpe advised Council he will attend Intergovernmental Coordinating Council of Orange County, on Wednesday, February 26th, and will vote in support of the Modified Growth Policy Report of the Orange County Planning Commission. 3. Councilman Weathers reported on the interview of candidates for position of Legislative Aide, by Mayor Byrnes and himself on Saturday, February 23rd. 4. Councilman Weathers expressed concern over lack of control with respect to fund-raising solicitation within the City, noting par- ticularly the practice of sending an envelope through the mail, with a request that it be passed from house to house. The City Manager advised of preemption by federal law over such use of the mails, and proposed a greater effort to educate the citizens in this regard. FEB251174 QUIN.CIL REMARKS (Cont'd) City Council Minutes February 25, 1974 Page 5 5. In response to Councilman Gammell's question about the City's status as far as gasoline is concerned, the Director of Finance re- ported that the contract with Standard Oil was not renewed; therefore the City is receiving gasoline on a month-to-month basis, with an allocation of 100% of the 1972 supply. ADJOURNMENT The agenda having been completed, Mayor Byrnes adjourned the meeting at 10:18 p.m, to a Personnel Session in the Council Chambers. PERSONNEL SESSION Following deliberation, it was moved by seconded by , to appoint Elizabeth Riley as part- time Legislative Aide for City Council, subject to confirmation pending reference checks, with compensation for her services estab- lished at $3.00 per hour. ROLL CALL: AYE: Councilmen Byrnes, Gammell, Thorpe and Weathers NAY: Councilman Chermak Mayor Byrnes adjourned the Personnel Session at 10:36 p.m. The next Regular Meeting of the City Council is scheduled for March 11, 1974, at 7:00 p.m., in the City Council Chambers. ATTEST: y L. Bnes, M.U., mayor ox City orSan Juan Capistrano FEB 251974