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74-0703_CC_Minutes_Regular Meeting157 JULY 3, 1974 REGULAR METE7ING OF THE CITY COUNCIL, CITY OF SAN JUAN CA,PISTRANO The Regular Meeting of the City Council was called to order by Mayor pro tem Weathers at 7:03 P.M., followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Roger Boatman of the. Community Christian Church. ROIL CALL: COUNCILMEN PRESENT: James K. deatbers, Mayor pro tem Councilman Yvon 0. Heckscher Councilman Douglas B. Nash Councilman John B. Sweeney COUNCILMEN ABSENT: Mayor Byrnes, who .joined the meeting at 7:40 P.M. STAFF PRESENT: Donald G. Weidner, City Manager; Jack Kubota, City Engineer; Jack Raines, Associate City Engineer; William Murphy, Director of Public Works; James Okasaki, City Attornev: John O'Sullivan, Director of Finance; David Smith, Director of Planning; Mary Ann Hanover, City Clerk. MINUTES It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that the Minutes of the Regular Meeting of June 5, 1974,,be approved with the exception of Item 2, Page 2: Tract No. 7616, Condition 30 (Westport). Council requested receipt of a verbatim transcript of this item with regard to Mr. Hockscher's motion. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that the Minutes of the following meetings be approved as submitted: Adjournod Regular Meeting of June 10, 1974; Adjourned Regular Meeting of June 12, 1974; Adjourned Regular Meeting of June 17, 1974; Regular Meeting of June 19, 1974; Adjourned Regular Meeting of June 24, 1974. ION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that all ordinances and resolutions be read by title only. COMMUNICATIONS - ORAL, 1. SUBDIVISION SIGNS Mr. George Riley addressed the Council to request that a moratorium be placed on subdivision signs. Council directed that an urgency ordinance be drafted for submission at the July 17th Council meeting 2. LANDSCAPE MAINTENANCE - HOMEOWNERS' ASSOCIATIONS Mr. Riley addressed the Council regavding the problems of landscape maintenance in Planned Development areas. Council directed that this matter be discussed at the July 17th meeting. COMMUNICATIONS - WRITTEN 1. TOWN HALL ASSOCIATION - SCHOOL OVERCROWDING Council received copies of a letter from the Town Hall Association dated June 25, 1974, requesting adoption of an ordinance requiring the posting of pertinont school information in all tract sales offices. Council directed that this matter be referred to the City Attorney and to staff for preparation of an ordinance -1- 7/3/74 158 eui'orcing display of school information in alL housing tract sale;_s Off ice.. 2. ANIMAL SHELTER - REQUEST OF COUNTY TO BAKE 'PRESENTATION Council received copies of a letter dated June 26, 1974, from John Philp, County Health Officer, requesting an opportunity to discuss the County's proposed plans regarding a South County Animal Shelter installation in the City. The City Manager was directed to respond to Dr. Philp and invite him to address the Council. 3. VETERANS ADMINISTRA"PION - RESIDENTIAL BUILDING RECORDS The City Attorney advised that an inquiry had been received from the Veterans Administration asking whether the City had adopted an ordinance requiring reports of Residential Building Records. Council directed that this matter be brought up at a future meetin after review by the City Attorney. PUBLIC HEARINGS 1, APPEAL, OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 74-5 PRE-SCHOOL c)Yi;RA'fION (FORSNAS Mayor Byrnes declared the Public Hearing opened and inquired if anyone in the audience wished to address the Council in favor of allowing. the location of the Capistrano Pre -School in an E-3 zoning district north of the Ortega Highway. Council had received a 1.etter.from Mrs, Mari L. Wynn in favor of the location and a petition in favor was also received; a letter from Neal and Jean VanderZiel was received in opposition to the location. Mrs. Mildred Forsnas, Honora Benda, Mrs. Toni Ailer and Thelma Eizel addressed the Council in favor of allowing the pre-school use. Connie Riley, Laurie Dawson and Miles Shrewsbury spoke against the proposal, Mrs. Ruth Sandberg had communicated her feelings in favor of the pre-school by telephone, :Mayor Byrnes declared the Public Hearing closed with the right to re -open at any time, After Council discussion, it was moved by Councilman Heckscher that this matter be continued so that possible further investiga- tion could be made. The motion died for lack of a second. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to support the recommendation of the Planning Commission and deny the appeal for Conditional Use Permit 74-5. Council suggested that City staff assist Mrs. Forsnas in locating a pre-school site, RECESS AND ^L'CONVENE Council recessed at 8:30 P.M PUBLIC HEARINGS (continued) and reconvened at 8:45 P.A.T. 2. STORER CABLE TELEVISION - REQUEST FOR RATE INCREASE Mayor Byrnes declared the Public. Hearing opened regarding a reques of Storer Cable TV for a 1.5% increase (from $6.00 to $6.90) in service rates and inquired if anyone in the audience wished to address the Council in favor of granting the rate increase. Mr. John Romania and Mr. Ray O'Toole of Storer Cable TV addressed the Council in favor of the proposed increase. Mr. Fritz Stadus, Mrs, Ginger Coff, Mr. Jerry Coff and Mary Lou Moreno addressed the Council in opposition to n rate increase. Mayor Byrnes declared the Public Hearing closed with th;: right to re -open at any time. It was moved by Councilman Weathers, seconded by Councilman Hecicscher and unanimously carried to deny the request for a rate increase. Council tjlember, stated that a rate increase could be considered at such time a.: t:he fevcl of service is to the subscribers satisfaction, 6tai'f was; directed, Lo place the Lca:,u.,, of California Cities'projcctcd tolevi:�.ion ord'nztIic:; on ttio next a;;onda for Council consideration anc Lo follow t:. 1) on _2... 7, 2,/74 159 complaints received from residents. PUBLIC HEARINGS (continued) 3. ADOP'T'ION OF 1974-75 FISCAL BUDGET Mayor Byrnes declared the Public Hearing opened and asked if anyone in the audience wished to speak on this matter. There being no one wishing to address the Council, the Mayor declared the Hearing closed with the right to re -open at any time. No action was taken on the budget adoption at this time. 4. PROPOSED AMENDMENT TO ZONING ORDINANCE - DISTRICT SYMBOLS This item has been re -advertised for hearing on July 17, 1974, and Mayor Byrnes ordered the matter continued to that date. BIDS, CONTRACTS AND AGREEMENTS 1. FLOOD CONTROL OPEN SPACE LEASE - TRABUCO CREEK CHANNEL RESOLUTIQN NO. 74-7-3-1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A LEASE FROM TIIE ORANGE COUNTY FLOOD CONTROL DISTRICT OF LOTS 60 AND 62, TRACT 103, TRABUCO CREEK CHANNEL. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that Resolution No. 74-7-3-1 be adopted. The Lease is for the purpose of preserving open space and providing a free public recreation facility. Council directed that the Board of Supervisors be requested to waive the County's request for a $500 service fee in conjunction with the Lease, 2. AGREEMENT FOR LAW ENFORCEMENT SERVICES After discussion, it was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to approve the Agreement for Law Enforcement Services between Orange County and the City for a period of one year, to authorize and direct the Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. 3. AGREEMENT FOR PROSECUTION SERVICES It was moved by Councilman weathers, seconded by Councilman Sweeney and unanimously carried to approve the Agreement for Prosecution Services between. the Orange County District Attorney and the City for a period of five years, to authorize and direct the Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. ORDINANCES AND RESOLUTIONS 1. RESOLUTION NO. 74-7-3-2: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO URGING THE STATE DEPARTMENT OF BEACHES AND PARKS TO UTILIZE A LARGER PORTION OF DOHENY STATE PARK FOR OPEN BEACH It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried to adopt Resolution No. 74-7-3-2. 2. ORDINANCE NO. 266 - PROVIDING FOR "BUSES -ONLY" PARKING ORDINANCE NO. 2136: AN ORDINANCE OF THE CITY OF SAA' JUAN CAPISTRANO AMENDING ORDINANCE NO. 84. AND PROVIDING FOR THE DESIGNATION OF "BUSES -ONLY" PARKING BY RESOLUTION was read by title by the City Attorney. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to adopt Ordinance No. 266. -3- 7/3/74 MoR ORDINANCES AND RESOLUTIONS (coniinuod) 3. RESOLUTION NO. 74-7-3-3: A RI;SOLUTTON OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING THE APPLICATION FOR 1974 STATE GRANT FIJNDS FOR THE DEVELOPMENT OF LONG PARK. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to adopt Resolution No. 74-7-3-3. The application is for State funds for the development of Long Park under the provisions of tho St::tr. Beach, Park, Recreational, and Historical facilities Bond Act of 1974. SUBDIVISIONS AND ANNEXATIONS 1. TRACTS 8264 AND 5126 (MAURER) Councilman Weathers roported on the Council Committee meeting held with Mr. Maurer regarding Tracts 8264 and 5126 and Mr. Maurer addressed the Council. It was moved by Councilman Weathers and seconded by Ccnneilman Sweeney that the City enter into an agreement with Mr. Maurer (said agreement to be drawn up under the direction of the City Attorney) whereby Mr. Maurer will hold the City harmless from any and all expense and the cost of eventually acquiring the 3 parcels needed to wider, the Ortega Highway; that his performance in that agreement will be secured by a bond in the amount of $100,000; and, that when said agreement is approved, it be deemed that Mr. Maurer has net the conditions imposed upon him for the tract map on the right-of-way of the Ortega Highway and the school conditions. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers and Mayor Byrnes NOES: Councilmen Nash and Heckscher ABSENT: None 2. FINAL TRACT MAP 8460 (HOLSTEIN) Mrs. Pat Lathrop addressed the Council the thank the City and Holstein Company for their mutual cooperation in modifying the tract and to request positive action by the City on the final map. It was moved by Councilman Sweeney; seconded by Councilman Weathers to accept the final Tract Map 8460, bonds, and fees, and authorize the execution of the Public Improvement Agreement and Tract Map subject to the incorporation of necessary lot line modifications in order to conform with the final plans as approved by the Planning Commission on July 2, 1974. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers and Mayylr Byrnes NOES: Councilmen Nash and Heckscher ABSENT: None Mayor Byrnes stated that he had cast an affirmative vote because of the Subdivision Map Act, but he is still opposed to the subdivision. Councilman Sweeney stated that he had fought this Tract from the Planning Commission all of the way through with the developer, had listed �o the homeowners' objections, and was ,ratified to hear Ili,f. Lathrop's statement. If we. allow development like this to come into the City with this sort of give and take on everyone's side, we can't possibly be hurt. CONSENT ITEMS It was moved by Councilman Sweeney, :,oconded by Counci7.ta*n Weathers and unanimously earried to ;:pprove the staff rt:com;menda;i.uns regarding the following matters: -4.. 7,3/74 1. Rl-,QUEST TO CONDUCT CALENDAR SAI.;, _GIRL SCOUT COUNCIL The request of the Girl Scout Council of Orange County to conduct their annual Calendar Sale from November I through 20, 19747 is approved conditioned upon receipt of a completed application form. 2. REOUEST TO USE COUNCIL CHAMBER -_RIO VISTA HOMEOWNERS- ASSOCIATION The request of the Rio Vista IIomeowners Association to use the City Council Chamber on August 22, 1974, from 8:00 P.M. to 10:00 P.M. in order to conduct their annual meeting is approved. The $10 deposit has been paid. ADMINISTRATIVE ITEMS 1. ORANGE COUNTY TRANSIT DISTRICT CORRIDOR STUDY This item will be placed on the August 7th Agenda, when the Transit District staff will make a presentation. DIRECTOR OF FINANCE 1. TREASURER'S REPORT OF CASH BALANCES AND INVESTMENTS AS OF 5/31/64 Mayor Byrnes ordered the report received and filed. 2. COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1974 Council received copies of the CEPA Report for information. 3. APPROVAL OF WARRANTS It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve the List of Demands dated June 30, 1974, Warrants Nos. 3624 through 3686. DIRECTOR OF PUBLIC WORKS 1. LONG PARK DEED - ATCHISON, TOPEKA AND SANTA FE RAILWAY CO It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to accept the Grant Deed from the Atchison, Topeka and Santa Fe Railway Co. for the 0.488 acres of land along Camino Capistrano and to authorize the City Clerk to certify acceptance of same. It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to authorize the payment of the 1911 Act Improvement Bond of $25,892.17 from the 1973-74 City budget. 2. SEWER EASEMENT, TRACT 7196 (WESTPORT) It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried to accept the Sewer Easement Deed for Westport Tract 7296 as submitted. 3. ALIPAZ STREET RIGHTS-OF-WAY RESOLUTION NO. 74-7-3-4: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AUTHORIZING THE ACQUISITION OF RIGHTS- OF-WAY FOR ALIPAZ STREET. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to adopt Resolution No. 74-7-3-4. COUNCIL REMARKS 1. Council directed that a resolution be prepared for submission to the Board of .supervisors and to State representatives regarding a special election to fill Supervisor Caspers' seat on the Board. This matter is to be placed on the July 17th Agenda for Council consideration. -5- 7;3/74 162 2. Mrs, Marilyn Williams addre,.-;od ti . !'ouncil regarding costs for sheriA'f services. ADJOURNMENT There being no fu;•ther business before the Council., the m0eting was adjourned at 11:40 P.P,!. to the next meeting; date of July 8, 1974, at7:00 P.M. in the City Council. Ct:amber for continual ion of the July 3, 1974, Agenda and for continued budget discussion. APPROVED: Respectfully submitted, -6- 7/3/74