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74-0821_CC_Minutes_Regular MeetingAUGUST 21, 1974 REGULAR MEETING OF THE CI'T'Y COUNCIL, CITY OF SAN JUAN CAPISTRANO The Regular Meeting of the City Council was called to order by Mayor Byrnes at 7:07 P,M, in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Councilman Jamqs K. Weathers. ROLL CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor James K. Weathers, Mayor pro tem Councilman Yvon O. Heckscher Councilman Douglas S. 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/City Engineer James Okazaki, City Attorney; John O'Sullivan, Director of Administrative Services; David Smith, Director of Planning; Mary Ann Hanover, City Clerk. MINUTES It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that the Minutes of the meeting of August 7, 1974, be amended by deleting the words "the applicant may appeal this matter," from the last sentence of Item No. 2, Page 7. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that the Minutes of the meeting of August 7, 1974, be approved as amended. MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that all ordinances and resolutions be read by title only. BIDS, CONTRACTS, AGREEMENTS 1. AGREEMENT WITH WELPUTT AND OKAZAKI FOR LEGAL SERVICES it was moved by Councilman Nash, seconded by Councilman Heckscher and unanimou-sly carried to approve the revised Agreement for legal services between the City and the law firm of Welputt and Okazaki, to authorize the 'Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. The Agreement is effective September 1, 1974. 2. AUTHORIZATTONT TO PU'RC'HASE 4-I'1HEEL DRIVE VEHICLE Council recci.ved copies of a memorandum from the Director of Administrativo. Services dated August 21, 1974, regarding the proposed purchase of a 4 -wheel drive vehicle which would allow Council mr,emaers and staff to travel to locations in the City which are noc easily and safely accessibly in a passenger car. Cou;icil direr!ted that this matter be held over, for investigation of the pos:�;ibility of acquiring a vehicle which would carry more passengers. 3. AG:i,sEMENT WiTII WOODSIDE/KUBOTA FOR ENGINEERING SERVICES '4 was by Ckv..ncilman Weathers, seconded by Councilman vasa and ananii: ,u-,ly caj Tied to approve the revised Agreement between !-h. City aa,d the firm of Woodside/Kubota and Services, Inc., for onginee�'ing sorvices, to authorize the ,^,4aycr to executo the Ag.ee!ner.t on Lohali' of the City, and the City Cle?'k to attest taoreto. T';,, A,_;roeu:ont is effective July 1, 1974. -1- 8/21/74 4. PROPOSED AGREEMYNT 4YITH F. P, COOK_ CORPORATION FOR SANI'1'li;tY 51iVYER 7LI[�lt MAlNTIiNrlNti i Council ordered consideration of the proposed agreement for sewer line maintenance held over. 5, PROPOSED AGREEMENT FOR COUNTY COOPERATIVE BIKEWAY FINANCING PROGRAM - SAN JUAN CREEK AND TR�tSUCO CREEK Council received copies of a memorandum dated August 21, 1974, from the Director of Planning enclosing a draft agreement with Orange County for the construction of the San Juan Creek and Trabuco Creek bikeway trails. The Board of Supervisors has approved the City's application for matching funds for fiscal year 1974-75 under the Countywide Cooperative Bikeway Financing Program. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that staff be directed to prepare the final agreement for the construction of the San Juan Creek and Trabuco Creek portions of the bikeways, including increased costs due to flood control requirements, and that the Mayor be authorized to execute said Agreement on behalf of the City. 6. PROPOSED AGREEMENT WITH THE REYNOLDS ENVIRONMENTAL GROUP FOR SPECIAL STUDY OF CONDOMINIUM REGULATIONS AND CONVERSIONS It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to authorize the Planning Depart- ment to prepare a proposed Agreement between the City and the Reynolds Environmental Group for research studies dealing with condominiums for Council consideration. Council indicated that a representative of the firm should be present when this item next appears on the agenda. PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION DENIAL OF ZONE VARIANCE 74-6 The City Attorney excused himself from the meeting and Mayor Byrnes introduced Mr. Tully H. Seymour, special legal counsel, who assumed "Mr. Okazaki's seat in the Council Chamber, The Council received copies of Mr. Seymour's opinion dated August 20, 1974, and copies of a letter from Attorney Edwin Iliff, who represents Air. and Mrs, Wysomierski, dated August 21, 1974. Notice having been given as required by law, Mayor Byrnes declared the Public Hearing re -opened and inquired if anyone in the audience wished to address the Council on the matter, Mr. Wysomierski stated he had nothing further to add. The Mayor outlined the issues involved in the hearing. There being no one else wishing to address the Council, the Mayor declared the hearing closed with the right to re -open at any time. It was moved by Councilman Sweeney, seconded by Councilman Weathers a:,d unanimously carried that the condition for approval of Zone Variance 74-6 set by the Planning Commission at their meeting o' Iuly 2, 1974, i.e., "That the colors for the fence be submitted to the Architectural Board of Review for approval" be removed. It was moved by Councilman Weathers, seconded by Councilman Sweeney ai:d unanimously carried that the appeal of Mr, and Mrs. Wysomierski Por a zone variance be granted with the condition that the front 7" section of the fence be removed. City staff was directed to review the appropriate portions of tho zoning ordinance for possible revision. ORAL: COMA1UN f C "%T l0NS 1. DFs.IGNATION OF OFFICIAL NA1_iE FOR CREEXiJDE PARK \IiEA Mr. Peter 11WUlan addv ossed the Councia and presented letters Vrom the Ch--:r,i;er of Commerce and fro'-! the Rotary Club reg7iesti1lg t,h.;_t the ei.-V Council_ consi:9c_� naming 11,i� propos-e;I park along 5..+� Juan ."•r,=k in h�•��ci, of C. Russe -11 Cool, i,�ug-tir:c caiderri. r;,,;; n iv;_c: ! cr,tier. as ;:. Ma„r; f (� Glsen att ' 31r. C, C C.iry the cutrnC i_i. in t a ; or of i, ,.: r:; tI-,o r k <ll All MM 4 ORDINANCES 1. ORDINANCE NO. 274: RELATING TO VENDING AND LAUNDRY MACHINERY- BUSINIES LICE, SES TN ORDI�E OP THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 16-C. OF ORDINANCE NO, 171 RELATING TO VENDING AND LAUNDRY MACHINERY AND REPEALING ORDINANCE NO. 195 was read by title by the City Attorney. It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried that Ordinance No, 274 be adopted. 2. ORDINANCE NO. 275: RELATING TO THE POSITIONS OF INTERN AND LEGISLATIVE AIDE AN ORDIN� NCS' THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 6 01' ORDINANCE NO. 194 BY ADDING THE POSITIONS OF INTERN AND LEGISLATIVE AIDE TIIERETO was read by title by the City Attorney. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that Ordinance No. 275 be adopted. RESOLUTIONS 1. 911 EMERGENCY TELEPHONE SERVICE RESOLUTION NO. 7 -21- • 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO REQUESTING THE COUNTY OF ORANGE TO PROVIDE 911 EMERGENCY RESPONSE SERVICE FOR THE CITY It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that Resolution No. 74-8-21-1 be adopted. This is a State-wide program; Assembly'Bill-515' mandates that all local governments establish a timetable for the implementation of Emergency Reporting 911 Systems on or before January 31, 1975, 2. INSPECTION OF FARM LABOR CAMPS RESOLUTION NO. 74- -21-2_: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING THE HEALTH OFFICER OF THE COUNTY OF ORANGE AS THE ENFORCEMENT AGENT FOR THOSE PROVISIONS OF THE EMPLOYEE HOUSING ACT RELATING TO FARM LABOR CAP:]PS It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that Resolution No. 74-8-21-2 be adopted. YEAR END BUDGET TRANSFERS RESOLUTION NO, A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CITY BUDGET FOR THE FISCAL YEAR 1973-74 AND AUTHORIZING CERTAIN BUDGET OVEPLr2CPENDITURES AND TRANSFERS OF FUNDS It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried that Resolution No. 74-8-21-3 be adopted as corrected. RESOLUTION FORMAT It was moved by Councilman Nash; seconded by Councilman Heckscher that'staff be directed to prepare resolution ti.tlr�s in a format similar to that beim*_ used for ordinances. The motion carried by the following vote: NOES: Councilman V,c:ithers ai,,! Kayor Ugcnes ABSZ:N'I': None -3- 8/21/74 1$c RECESS AND RECONVENE Council recessed at A:45 P.M. and reconvened at 8:55 P.M. SUBDIVISIONS 1. TRACT NO. 7393 - EXONERATION OF BONDS (BAUER DEVELOPMENT COM)ANY) It was moved by Councilman Weathers, seconded by Mayor Byrnes and unanimously carried to accept the improvements of Tract 7393 and to exonerate the bonds in connection therewith. All con- struction has been completed according to the improvement plans and monuments have been placed. CONSENT ITEMS It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to accept the staff recommendations with regard to the following matters: 1. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES Council received copies of the City Treasurer's Report of 1911 Act Delinquencies as of August 12, 1974, for information. 2. SEWER EASEMENTS, DOL 72--110, SMYTIi BROS (VETA COMPANY) Council accepted the right-of-way easements for sewer purposes in connection with Division of Land 72-110 and authorized the City Clerk to certify acceptance.on behalf of the -City; The deed has been executed by the Smyth Brothers, the grantors. 3. SIDEWALK ENCROACHMENT PERMIT FOR SAN JUAN PLAZA - PLANTER AREAS Council approved the issuance of an encroachment permit for planter areas in the public right-of-way along Camino Capistrano for San Juan Plaza. The planting spaces will encroach into the sidewalk area; a minimum of six feet of unobstructed travel way will be retained. REQUEST FOR EXTENSION OF TIME - DEL OBISPO STREET IMPROVEMENTS GRIFFITH COMPANY CHANGE ORDER NO. G It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to grant the Griffith Company a 60 -day extension of time to October 3, 1974, for completion of the street improvements on Del Obispo Street from Los Rios Street to Camino Capistrano, Change Order No. 2, Arterial Highway financing Program #686. REQUEST FOR FRANCAISE 10/21 THROUGH 10/27/74. ADIOS A LAS GOLONDRINAS Y r'IESTA DE L,C)S__X-RTES (CHTM131Si O OhI1EP,,CEr Council received copies of a letter from Rita Casteel, Chairman, Chamber of Commerce Ants and Crafts Festival, dated August 2, 1974, requesting the City to issue a _franchise for the period October 21, 1974, through October 27, 1974, for the purpose of conducting an Adios a Las Golondrinas y Fiesta de los•. Artes in conjunction with the departure of the swal'ows. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to approve the request. The City Attorney will prepare an ordinance granting the franchise for Council consideration. Events are scheduled to be held on Yorba Street anc? in the Mini Park. REQUEST OF P.PCD TO i'r,ACE AIN i�!ONITOR_IN STATION (IN CITY PRop Y — -- --- — -- -- ------ Council received copies of a request dated August 6, 1974, from the County Air Pollution Control District for permissi,nn to place -4- 8/21!74 a mobile air monitoring station in the north-east corner of City Hall property. The station would be in operation on or about January 1, 1975, and uo uld be completely self-contained. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to approve the request of the County APCD. Council members questioned the location of the unit due to its proximity to the ocean, freeway and railway tracks and requested that the.City Manager pursue the suitability of this location with the appropriate County officials. PERSONNEL - TEMPORARY SALARY ADJUSTMENT The City Manager requested that Council approve a temporary salary increase for Planning Department Clerk -Typist Carole Hendershot who is performing Secretary II duties during the leave of absence of _ Planning Secretary Carmen Murphy. The request is for a 30 -day increase from salary range 16 ($667) to salary range 19.5 ($792). It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to grant the request. DIRECTOR OF ADMINISTRATIVE SERVICES 1. STAFF REPORT FOR JULY, 1974 Council received copies of the Staff Report for July, 1974, from the Director of Administrative Services for information. 2. APPROVAL OF WARRANTS It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to approve the List of Demands dated August 21, 1974, Warrants Nos. 3834 through 3907 inclusive. 3. CITY TREASURER'S REPORT OF CASH FUND BALANCES Council .received copies of the City Treasurer's Preliminary Summary Statement of Fund Cash Balances for the Year Ended June 30, 1974, for information. DIRECTOR OF PLANNING 1. STAFF REPORT FOR JULY, 1974 Council received copies of the Planning Department Staff Report for the month of July, 1974, for information. 2. A,TPAZ RECREATIONAL VEHICLE PARK - SWAN CONSTRUCTORS, INC. (LTD USF' PL'Rh(IT '7FP1a OFi;GUNCI— L ACTION Council. received copies of a report dated August 21, 1974, from the Director of Planning attaching a proposed construction schedule for the Alipaz Recreation Vehicle Park submitted by \ir. Roland Olsen in conjunction with an appeal of action taken by the City in voiding Land Use Permit 72-121. It was moved by Councilman Heckscher; seconded by Councilman Nash to reject the appeal for the reinstatement of Land Use Permit 72-121. The motion carried by the following vote: AYES: Councilmen Weathers, Nas;i and Heckscher NOES: Councilman Sweeney and Mayor Byrnes ABSENT: None DIREC"'OP OF PI„I,IC WORc:_/CI^1Y ENGTNErR 1. Council received c•:pies of the StafLo Reports for July, 1974, irom the Director of Public 1iorks and from the City Eugiueer's office for information. -5- 8/21/74 P11 3. 191 REFUND - SEWER ACREAGE CHARGE, TRACT 8460 (UOLSTEIN) Council received copies of a report from the City Engineer's office dated August 21, 1974, regarding the overpayment by the developer of sewer acreage charges. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to authorize the Finance Director to issue a warrant in the amount of $1,650.00 to First American Title Insurance Company for the overpayment of sewer acreage charges for Tract 8460 (Holstein). REQUEST FOR REDUCTION OF DRAINAGE FEE, LOT 7, TRACT 318 (VALLE) This item was withdrawn from the Agenda at the request of the applicant. ISTRANO DEVELOPMENT_ INC.. DIVISION OF LAND 73-104 - It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to accept the recommendation of the Director of Public Works regarding the request of Capistrano Development Company, Inc., for modification of the conditions of approval of the division of 15 acres into 4 parcels (DOL 73-104), as follows; To approve portions of the requests being made that the condition of approval of DOL 73-104 be modified by alteration of Planning Condition #4, requiring the property owner to irrevocably dedicate the necessary easement for a 40 -foot street throughout the property as required by the City Engineer; that Planning Condition #2 be altered to read that in lieu of full street improvements a contribution of $6,353 be made toward such improve- ments; all other conditions of approval of the City Council action of March 23, 1974, to remain in full force and effect. COMMISSIONS, BOARDS, COMMITTEES 1. BICENTENNIAL COMMITTEE - REQUEST FOR RELEASE OF FUNDS Council received copies of a request dated August 15, 1974, from Minnie Surlos, Co -Chairman, S^n Juan Capistrano Bicentennial Committee, that Council release the sum of $500 from the $2,375 budgeted for the Bicentennial Committee. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to approve the request. The funds will be used for stationery supplies, travel and telephone expense and secretarial services. 2. CIVIC CENTER COMMITTEE - ORAL REPORT Councilman Sweeney presented an oral report on the status of site' selection for the proposed Civic Center facility. Consideration of sites 1 c:nd 2, the medical center property and the high school property, has been deferred at the present time and efforts will be concentrated on site 3, the Los Rios area, in conjunction with supportingi_inancial implication reports from the Finance Director." Thereafter, the Committee will consider site 4, the Zangline property, with similar financial impact reports. No sites have been eliminated frau consideration. The Committee will meet main in '.ate September or early October. 3, p?. KS AND P,LCREATiON COMMISSION REP,Y'I'S OF i'AT?!:S AND I I:(''REATION C01 MISSION ACTIONS Council received copies of the Recreation Commission actions 1974, 'or information. 'te.,ports of the Park; and for August 7 and Ail -us, 21, -6- 8/21/74 192 b. ESTABLISHMENT OF TIE CITY AS A BIRD SANCTUARY - gRUIN— NSE NO, 7 IN'1'ItODUCTION ORDINANCE NO. 276: ESTABLISHING TIIE CITY OF SAN .JUAN CAPISTRANO AS A BIRD SANCTUARY - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROTECTING BIRDS AND THEIR HABITAT was read by title by the City Attorney. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that Ordinance No. 276 be introduced as modified. C. CREEKSIDE PARK AREA - DESIGNATION OF OFFICIAL NAME Council received the recommendation of the Parks and Recreation Commission that the area known as Creekside Park be designated as either (1) Vereda Park, (2) Creekside Park, or (3) San Juan Park, in that order. It was moved by Councilman Nash, seconded by Councilman Weathers and unani- mously carried that this matter be referred back to the Parks and Recreation Commission for consideration of names of individuals for the park area long San Juan Creek and in particular the name of Mr. C. Russell Cook. Council suggested that the names of individuals should also be considered when designating street names. 4. PLANNING COMMISSION a. REPORT OF PLANNING COMMISSION ACTIONS Council received copies of the Report of Planning Commission Actions for August 6, 1974, for information. b. VICTORIA BOULEVARD EXTENSION - COUNTY ROAD DEPARTMENT Council received copies of reports from the Director of Planning regarding the Environmental Impact Report for the proposed Victoria Boulevard extension provided by the County Road Department. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that staff be directed to fox -ward the comments of the Environmental Review Board to the County and to emphasize that Victoria Boulevard is not a desired route, and that more information must be provided through the environmental impact report process before a choice can be made between the alternative Stonehill Drive routes. COUNCIL REMARKS 1. PROPOSED DIAL -YOUR -MAYOR PROGRAM It was moved by C.Qnncilman Sweeney, seconded by Councilman Heckscher and inianimously carried to approve the installation of a separate telephone line and recording equipment to be utilized by any citizen wishing to communicate with the Mayor and that the necessary costs be borne by the City. The program is approved on a 6 -month trial basis. The City will obtain and publicize the telephone number to be called and automatic answering equipment will be rented to facilitate a 24-hour response. If the trial period proves successful, the equipment could be purchased by the City and the telephone used by subsequent holders of the office of Mayor. 2. CRITIQUE OF TOWN BALL ASSOCIATION REPORT ON I,OS RIOS AREA Council directed that the Planning Department Critigae of the Los Rios Area Report be placed on a future agenda so that Council may address the recommendations of the Critique calling for Council action. -7- 8/21/74 Y9 3, REQUEST FOR REPOR'T'S/INFORMATION Councilman Sweeney requested that Council members receive copies of the article in the July, 1974, issue of Nation's Cities regarding the City Council Role. Staff was also requested to obtain a copy of the report of the Kettering Foundation on Community Development, as outlined in the same issue of Nation's Cities, Councilman Sweeney requested information regarding the selection of cities as recipients of the "All American City" award, The City Manager indicated that a list would be provided of the last ten awards received by cities. 4. BICENTENNIAL COMMITTEE Councilman Weathers reported that he had met with members of the Bicentennial Committee on August 20, 1974, and had assured them of the City's support of their function, 5. GROWTH POLICY APPEAL - CITY OF PETALUMA At Councilman Nash's suggestion, Council discussed the amicus curiae brief being prepared by the City of Irvine in support of the City of Petaluma's court action regarding growth control. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to honor the request previously received from the City of Petaluma for aid by granting them the sum of $250 to assist in the appeal of their pending growth control issue. The City will lend its name to the brief being prepared by the City of Irvine and will provide legal assistance in con- nection therewith if required, Councilman Nash requested that Council members receive copies of Irvine's growth control permit procedures. 6, COUNTY HOUSING AUTHORITY Councilman Heckscher suggested that the City join the federally funded County Housing Authority in order to assist the economically disadvantaged. It was moved by Councilman Heckscher, and seconded by Councilman Weathers that the City join the program of the Orange County Housing Authority. The motion was tabled to n future meeting date pending receipt of a full report on the impact of the program and documentation of appropriate agreements and programs, PERSONNEL SESSION Council adjournedto a Personnel Session at 10:53 P.M. and reconvened at 11:00 P.M. CITY MANAGER - SALARY INCREASE It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried that the City Manager's salary be increased by the sum of .$315.00 per month effective September 1, 1974, ADJOURNMENT There being no lnrther business before the Council, the meeting was adjourned at 12:10 A.M „ August 22, 1974, to the next meeting date of Saturday, August 24, 1974, at 8:30 A.M. at the Colony Kitchen. ROY ;.. PV)1-9--) ,) !Nell„ mix Respectfully submitted, :II RY Iv ill; O '-City C erg -S- f?1121./74