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74-0717_CC_Minutes_Regular Meeting167 JULY 17, 1974 REGULAR. MEETING OF TiIE 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 Chamber, followed by the Pledge of' Allegiance to the Flag. Invocation was given by Pastor William Davenport of the Capistrano Valley Baptist Church. ROLL CALL: C0UNCILMEN PRESF,NT: Roy L. Byrnes, Mayor James K. Weathers, Mayor pro tem Councilman Yvon O. Heckscher Councilman Douglas B. Nash Councilman John B. Sweeney COUNCILMEN ABSENT: None STAFF PRESENT: Donald G. Weidner, City Manager; George Madsen, Sr. Project Engineer; William Murphy, Director of Public Works; James Okasaki, City Attorney; John O'Sullivan, Director of Finance; David Smith, Director of Planning; Mary Ann Hanover, City Clerk. MINUTES After review of the June 5, 1974 Minutes with regard to Westport Homebuilders Tract 7616, Condition 30, it was the consensus of the Council that the record reflect that Councilman Heckscher's motion was ". . , the sum of $20,000 be paid forthwith and that the sum of $3,500 be reserved for the planting of the nine specimen trees in Tract No. 7616." Westport is to be directed to pay the additional $3,500. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that the Minutes of the Regular Meeting of July 3, 1974, be approved with the following corrections: Page 2, Veterans Administration, last sentence to read: 11 . . at a future meeting after review by the City Attorney." Page 2, Storer Cable Television, second paragraph, second sentence to read: "Council members stated . . ." Page 4, Final Tract Map 84:60 (holstein), add the following: "Councilman Sweeney stated that he had fought this Tract from the Planning Commission all of the way through with the developer, had listened to the homeowners' objections, and was gratified to hear Mrs. 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." It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that the Minutes of the Adjourned Regular Meeting of July 8, 1974, be approved as submitted. MOTION TO READ BY TITLE ONLY It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that all ordinances and resolutions be read by title only. SPECIAL, PRESENTATION - ORANGE COUNTY HEALTH DEPARTMENT - S0UTH COUNTY AI71 A_IAL STiF:_ ITER S I'i'E Dr. W. H. Dieterich, Director, Orange County Veterinary Public Health Division, addressed the Council to discuss the County's proposed plans for an animal ,.h el ter :::^ility in the City. Lr. Dieterich made a :;lido presentation or t?ie County's existing shelter and discussed such site acquisition i.tolis ns accessibility, convenience,.environmental considera- tions and cost. A South County Site Selection Report was presented to the Council. Mayor Byrnes indicated that the City Council had gone on record on May 28, 1971, in opposition to an animal shelter facility site on the parcel of Iand immediately north of Junipero Serra Road -.1- ?/t7/74 1704 Plil'16SFTD (,!i E)1.31ENT ION CAMiNO Ci,PISTI_ANO 4T1tiil;l' I1ihT�OVt:P11�Yfv ----- Council received copies of an A,rcemont with Leona Fitzpatrick for future street i_mprovemenLs in conjunction with the construction of a commercial establishment at 32072 Camino Capistrano. A $5,000 bond has been posted. This matter was ordered held over to the meeting of August 7, 1974, for review by the City Attorney. 5. EXTENTSION OF AGREEMENT WITH COUNTY HEALTH DEPARTMENT - VECTOR CONTPOL RESOLUTION NO. 74-7-17-1: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AGREEMENT FOR VEU70R CONTROL BY THE COUNTY OF ORANGE. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that Resolution No. 74-7-17-1 be adopted. The Resolution extends the Agreement with the Orange County Health Department for vector control to December 31,1 J 1974. 6. AGREEMENT FOR LANDSCAPE MAINTENANCE - LONG PARK PARKWAY It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried to approve the agreement for landscape maintenance services with Wilkinson Landscape Maintenance Company for Long Park Parkway at a cost of $350 per month, to authorize and direct the Mayor to execute the agreement on behalf of the City and the City Clerk to attest thereto. 7. AGREEMENT FOR APPRAISAL SERVICES It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried that the proposal from General Appraisal to establish insurable values, cost and depreciation records of buildings and equipment be approved provided that a limitation on costs be established. The Director of Finance reported that the maximum cost for this service would be $4,100. Council directed that staff discuss the possibility of appraisal services for Water District No. 4. ORDINANCES 1. ORDINANCE NO. 268: PROVIDING FOR THE ADOPTION BY REFERENCE OF THE UNIFORM BUILDING AND HOUSING CODES OF THE COUNTY OF ORANGE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPIS'TRANO ADOPTING BY REFERENCE ORDINANCE NO. 2742 OF THE COUNTY OF ORANGE AND REPEALING THOSE PORTIONS OF CITY ORDINANCES NO. 179 AND 186 IN CONFLICT THEREWITIi was read by title by the Ci.ty Attorney. Council discussed possible local amendments to the Building and Housing Codes. RECESS AND RECONVENE Council recessed at 8:50 P.M. and reconvened at 9:05 P.M. for continued discussion of Ordinance No. 268. i Mr. Naffziger of the County Department of Building and Safety addressed the Council to recommend adoption of the Ordinance and pointed out the most significant changes in the Code, i.e., the requirements for fire detection alarm systems, more stringent lateral bracing requirements, and the requirements for insulation and sound insulation in single family dwellings and apartments. ORDINANCE NO. 268: PROVIDING FOR THE ADOPTION BY REFERENCE OF THE UNIFORM BUILDING AND IIOUSING CODES OF THE COUNTY OF ORANGE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO. CALIFORNIA, ADOPTING BY REFERENCE ORDINANCE NO. 2742 OF THE COUNTY OF ORANGE AND REPEALING THOSE PORTIONS OF CITY ORDINANCES NO. 179 AND 186 IN CONFLICT TIIEREWITII AND AMENDING CHAPTER 2, SECTION 201 (a) AND (b) OF SAID ORDINANCE NO. 2742 TO PROVIDE AUTHORITY FOR INSPECTIONS BY THE 11EAL'I'jI OFFICER was read by title, by the City A1, tor•nev. -4 7%17/74 It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that Ordinance No. 268 be introduced as amended. 2. ORDINANCE NO. 269: PROVIDING FOR TILE ADOPTION OF THE 1973 EDITION OF THE PLUMBING CODE - AN ORDINANCE OF TIIE CITY OF SAN JUAN CAPISTRANO ADOPTING BY REFERENCE ORDINANCE NO. 2743 OF THE COUNTY OF ORANGE AND REPEALING CITY ORDINANCE NO. 178 was read by title by the City Attorney. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that Ordinance No. 269 be introduced. 3. ORDINANCE NO. 270: PROVIDING FOR TIIE ADOPTION OF THE UNIFORM MECHANICAL CODE, 1973 EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO ADOPTING BY REFERENCE ORDINANCE NO. 2739 OF TIIE COUNTY OF ORANGE AND REPEALING CITY ORDINANCE NO. 186 was read by title by the City Attorney. It was moved by Councilman weathers, seconded by Councilman Nash and unanimously carried that Ordinance No. 270 be introduced. 4. ORDINANCE NO. 271: PROVIDING FOR THE ADOPTION OF TIIE NA`PIONAL ELECTRIC CODE BY REFERENCE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO ADOPTING BY REFERENCE ORDINANCE NO. 2638 OF THE COUNTY OF ORANGE AND REPEALING CITY ORDINANCE NO. 176 was read by title by the City Attorney. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that Ordinance No. 271 be introduced. 5. ORDINANCE NO. 272: PROVIDING FOR THE ADOPTION OF CERTAIN AMENDMENTS TO THE 1971 NATIONAL ELECTRIC CODE RELATING TO GROUNDING -TYPE RECEPTACLES AND PROTECTION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO ADOPTING BY REFERENCE ORDINANCE NO. 2760 OF THE COUNTY OF ORANGE .AND REPEALING CITY ORDINANCE NO. 176 was read by title by the City Attorney. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that Ordinance No. 272 be introduced. Mayor Byrnes directed that Public Hearings on the above Ordinances be scheduled for the Regular Council Meeting of August 7, 1974. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried to direct the City staff to compile a list of items for possible incorporation into the above Ordinances, Nos. 269 through 272.of local conditions for strengthening the Codes relating to residential or commercial structures. The public at large is invited to submit suggestions. Council directed that this matter be placed on a September Council Agenda for consideration. RESOLUTIONS 1. RESOLUTION NO. 74-7-17-2: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO URGING TIIE LEGISLATURE OF THE STATE OF CALIFORNIA TO ADOPT LEGISLATION FOR THE HOLDING OF A SPECIAL ELECTION FOR THE ELECTION OF A MEMBER OF THE BOARD OF SUPERVISORS TOR THE I'IFTH SUPERVISORIAL DISTRICT OF THE COUNTY OF ORANGE'. It was moved by Councilman Weathers and seconded by Councilman Sweeney that Resolution No. 74-7-17-2 be adopted. The motion carried by the following vote: -5- 7/1.7/74 AYES: Councilmon Sweeney, Weathers, Nash and M:Iyor Byrnes NOES: Councilman Heckscher ABSENT: None Copies of the Resolution are to be forwarded to Governor Reagan, Senator Carpenter, Assemblyman Badham, the Board of Supervisors, and to the Cities of the Fifth Supervisorial district. SUBDIVISIONS, ANNEXATIONS 1. FINAL. TRACT MAP 8593 (WESTPORT It was moved by Councilman Weathers and seconded by Councilman Sweeney to accept the Final Tract Map 8593 (Westport Homebuilders), Credit Instrument, Air Navigation Easement, Easement Deeds, Drainage Agreement, and fees and to authorize the execution of the Public Improvement Agreement and Tract Map subject to the acceptance of the tree replacement payment. The fee schedule is to be corrected to show that the tree in lieu fee is $20,000 rather than $16,500, bringing the total amount of fees to $71,617.50. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers, Heckscher and Mayor Byrnes NOES: Councilman Nash ABSENT: None 2. FINAL TRACT MAP 5996 (CUNNINGHAM) Council received copies of a letter and petition from Mrs. Olive Evinger, Capistrano Haciendas, protesting the construction of 2 -story homes and the density of the Cunningham Development, This matter was referred to the Director of Planning for report back to the City Council. CONSENT ITEMS 1. SLOPE AND EASEMENT DEEDS - DEL OBISPO AND ALIPAZ STREETS (SWAN RECREATIOILIL VEHICLE PARK) LUP 72 3*. and DOL - It was moved by Councilman Weathers; seconded by Councilman Sweeney to accept the Easement Deeds for the dedication of slope easements along Del Obispo Street and access rights along Del Obispo Street and 200 feet along Alipaz Street from Swan Recreational Vehicle Park in conjunction with LUP 72-121 and DOL 7471. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers and Mayor Byrnes NOES: Councilmen Nash and Heckscher ABSENT: None This matter was referred to the Planning Director for a report back to the City Council on August 7, 1974, regarding the construction time table of the above project. COMMISSIONS, BOARDS, COMMITTEES 1. ARCHITECTURAL BOrRD OF REVIEW Council received copies of a report of the status of the Architeotural Board of Review from the Director of Planning. There is one vacant position on the Board. It was moved by Councilman Heck cher and seconded by Councilm�in Nash that the existi.n; members of the Board be invited to resign. The motion -6- 7!17/74 and second were withdrawn. After discussion, it was moved by Councilman llockscher and seconded by Councilman Nash that th(_ Wmuers of the existing Architcc't111"al Board of Review be invited ,,) resign and that the City Council consider the appointment of new members to that Board. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSENT: None 2. COMMUNITY CENTER COMMITTEE Councilman Sweeney gave an oral progress report on the Committee's consideration of possible sites for the Community Center, including the Los Rios area, the medical center and the old high school site. Discussion continued of the possible inclusion of other sites. 3. ENVIRONMENTAL REVIEW BOARD - PRIMA DESHECHA EIR Council received copies of a report from the Planning Director regarding the request from the Orange County Road Department for a recommendation of an acceptable access route to serve the proposed Prima Deshecha disposal site. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to request the Orange County Road Department to initiate an Environmental Impact Report for the use of Avenida Pico as the access route to the proposed disposal site. PLANNING COMMISSION 1. Council received the Report of Planning Commission Actions for 'lie meeting of July 2, 1974, for information. 2. LAND USE PERMIT ON ALIPAZ STREET Council received a report from the Planning Director recommending that the request from the Planning Commission for a Land Use Permit on Alipaz Street be exempted from the deferral period and that the fee for filing the permit be waived. The Planning Commission desires to broaden the scope of the project so that development on the small adjacent parcels may be coordinated. RESOLUTION NO. 74-7-17-3: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO EXENIPTING CONDITIONAL USE PERMIT NO. 74-1 FROM THE DEFERRAL PERIOD AND WAIVING FILING FEE THEREON It was moved by Councilman Weathers; seconded by Councilman Heckscher that Resolution No. 74-7-17-3 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers, Heckscher and Mayor Byrnes NOES: Councilman Nash ABSENT: None 3. OFF-SITE DIRECTIONAL SIGNS FOR SUBDIVISIONS -URGENCY ORDINANCE 273 Council considered an item from the Planning Commission requesting a deferral of applications for both on-site and off-site subdivision signs. Council members expressed the opinion that off-site signs are not necessary for the sales of homes and that their presence is not in the best interests of the community; on-site subdivision sign; should be allowed as other commercial establishments are allowed on-site signs. ORDINANCE NO. 273: RELATING TO OFF-SITE, SUBDIVISION SIGNS AN Ol.DiNANCE OF '!'HE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DEFERRING THE ACCEPTANCE AND PROCESSING OF OFF-SITE TE11PORARY (DIRECTIONAL.) SIGNS. -7- 71/17/74 It: was mored by Couircilman Ilet;ksciier and secondod by Councilman Nash to adopt Orditoineo No. 273 as an tirgoncy matter. Tho motion carried by the-followinh vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSENT: None The City Attorney will prepare the Ordinance, 4. SUBDIVISION DISPLAY FLAGS - APPEAL OF PLANNING COMMISSION ACTION Council received copies of letters from U.S. Development Corpora- tion, Pacesetter Homes Inc., Westport Development Company and Leadership Housing appealing the decision of the Planning Commissic that applications for advertising display flags not be approved; and, that when existing permits expire they not be renewed. It was moved by Councilman Weathers and seconded by Councilman Heckscher that the Planning Commission be directed to review such flags on an individual basis. The motion carried by the following vote: I AYES: Councilmen Sweeney, Weathers, Heckscher and Mayor Byrnes NOES: Councilman Nash ABSENT: None 5. GLENDALE FEDERAL - SUMMARY REPORT Council received copies of a summary of a presentation by Walter Richardson Associates at the Planning Commission meeting of May 7, 1974, for information. The appointment of a committee to assist in resolving differences between the City and Glendale Federal was requested by WRA. Council took no action on the request. WARRANTY COMMITTEE Councilman Sweeney reported that the Warranty Committee is in the process of contacting major insurance companies regarding the proposed home warranty program. ADMINISTRATIVE ITEMS CITY ATTORNEY The City Attorney reported that the possible prosecution of a violation of the Zoning Ordinance will be referred to the District Attorney, it was moved by Councilman Weathers, seconded by Conneilman Heckscher and unanimously carried to authorize the City Attorney to prosecute this violation if the District Attorney does not, — DIRECTOR OF FINANCE 2. STAFF REPORT FOR JUNE, 1974 The Finance Director's Report for June, 1974, was received for information. REPORT OF 1911 ACT DEI,INOUENCIES The City Treasurer's Report of 1911 Act Delinquencies as of July 5, 1974, was .received for information, -S- 7/17/74 175 3. APPROVAL 01' WARRANTS It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to approve the List of Demands dated July 17, 1974, Warrants Nos. 3687 through 3756. DIRECTOR OF PLANNING i. STAFF REPORT Council received the Staff Report for June, 1974, for information. 2. REQUEST FOR TEMPORARY BANK FACILITY (OLSEN) Mayor Byrnes excused himself from the Council meeting since he has a financial interest in the bank facility and Mayor pro tem Weathers assumed the chair. Council received copies of a request from Roland Olsen for per- mission to place a temporary bank facility on Del Obispo Street adjoining the Twin Winton Ceramic Buildings and copies of a letter in favor of the facility from Herbert Stroschein, owner of the property in question. Mr. Roland Olsen and Mr. Donald Douglas, Jr., addressed the Council in favor of allowing the temporary facility. It was moved by Councilman Nash and seconded by Councilman Heckscher to establish a policy determination that temporary structures shall not be used in conjunction with commercial project development. The motion carried by the following vote: AYES:- Councilmen Sweeney, Nash and Heckscher NOES: Councilman Weathers ABSENT: Mayor Byrnes Mayor Byrnes then returned to the Council Chamber and resumed the chair, DIRECTOR OF PUBLIC WORKS 1. STAFF REPORT The Public Works Director's Monthly Departmental Report was refceived for information. 2. BILL OF SALE - UNDERGROUND CONDUIT SYSTEM (PACIFIC TELEPHONE CO. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to approve the Bill of Sale to Pacific Telephone Company of the telephone conduit system located in Alipaz Street south of Del Obispo, to authorize the Mayor to execute the Bill of Sale on behalf of the City, and the City Clerk to attest thereto. COUiVCIL REMARKS 1. Mayor Byrnes requested a staff report regarding the status of the El Nido Mobile Home Park, LUP 68-109. 2. HISTO RTCAL PRESERVATION It was moved by Councilman Nash, seconded and unanimously carried that the Planning to provide Council with a critique of the Report on the Los Rios area evaluating the recommendations made. by Councilman Heckscher Department be directed Town Hall =association merit of the -9- 7/17%74 3. HEC)ITE T Fo!? CREATION OP DISTRICT COURT F'ACII.ITY RESOLUTION NO. 7,5-7-17-4: A RESOLUTION OF TRE CITY COUNCIL OF TUE CITY OF' SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING TTIE CREATION Oh' A UNITIsT) STATES DISTRICP COURTROOM FACILITY IN SANTA ANA, CALI1'ORNIA It was moved by Councilman Heckscher, seconded by Cnincilman Weathers and unanimously carried to adopt Resolution No. 74-7-17-4. 4. LITIGATION - FAIR LABOR STANDARDS ACT'(SALARIES AND WORKING CONDITIONS FOD PT .1s'PIGiffR- s -T- It was moved by Councilman Sweeney and seconded by Councilman Weathers to approve the payment of $200 to the League of California Cities as this City's contribution towards the litigation of the constitutionality of the ability of Congress to determine salaries and working conditions for State and local employees. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers, Nash and Mayor Byrnes NOES: Councilman Heckscher ABSENT: None ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:25 A.M., July 18, 1974, to the next regular meeting date of August 7, 1974, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, APPROVED: R)Y L. M..,, Mayor MARY 17 HANOVER, City Clerk -.1-0- 7/17/74 _ 7/17/74