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7409-04_CC_Minutes_Regular MeetingSEPTEMBER 4, 1974 REGULAR A1EETING 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 Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Councilman John B. Sweeney. ROLL CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor James K. Weathers, Mayor pro tem Councilman Yvon 0. 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/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 Weathers, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Meeting of August 21, 1974, be approved as submitted. At the request of Councilman Nash, Mayor Byrnes ordered the insertion of the following words at the beginning of Item 5, Page 8: "At Councilman Nash's suggestion, . . ." It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Meeting of August 24, 1974, be approved as submitted. MOTION TO READ BY TITLE ONLY It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried that all ordinances and resolutions be read by title only. BIDS. CONTRACTS, AGREEMENTS 1. PROPOSED AGREEMENT WITH F. B. COOK CORPORATION FOR SANITARY SEWER LINE MAINTENANCE It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to approve the revised and corrected Agreement between the City and F. B. Cook Corporation for maintenance and emergency services for City sewer lines and force mains, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. The Agreement terminates June 30, 1975. 2. AUTHORIZATION TO PURCHASE 4 -WHEEL DRIVE VEHICLE RESOLUTION NO. 74-9-4-1: AUTHORIZING PURCHASE OF FOUR-WHEEL DRIVE VEHICLE - A RESOLUTIONI IL OF THE CITY OF SAN JUAN ISTRANO, CALIFORNIA, AUTHORIZING THE PURCHASE OF A FOUR-WHEEL DRIVE VEHICLE AND THE BUDGETARY ADJUSTMENTS REQUIRED THEREBY It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried that Resolution No. 74-9-4-1 be adopted. The Resolution authorizes purchase of a 1974 nine passenger 1/2 -ton GMC 4 -wheel drive truck from Allen Oldsmobile for $6,784, including tax, and increases the budget for said vehicle to $6,800. -1- 9/4/74 A 3, COMPREHENSIVE EMPLOYMENT AND TRAINING ACT (CLIA) - CONTRACf 1ti ITH OR NGF-: COiJNTY FOR FUNDING It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried to authorize the City Manager to enter into a contract with Orange County for participation in CETA. PUBLIC HEARINGS 1. PROPOSED AMENDMENT TO ZONING ORDINANCE - NOTICE TO AFFECTED PROPERTY OWNERS, RZ 74-2-T Notice having been given as required by law, Mayor Byrnes declared the Public Hearing open and inquired if anyone in the audience wished to addressed the Council regarding the proposed repeal of Section 6.01.4C of Ordinance No. 115, which provides that notice of hearing relating to land use permits and zone changes be mailed to all persons owning property within 300 feet of the affected property. Mrs. Marilyn Williams and Mr. Lawrence Dellota addressed the Council in opposition to the discontinuance of notice. It was moved by Councilman Sweeney; seconded by Councilman Weathers to introduce the proposed Ordinance, as follows:' DELETING REQUIREMENT FOR NOTICE TO NEIGHBORING LANDOWNERS OF PUBLIC HEARINGS FOR ZONE CHANGES - AN ORDINANCE OF THE CITY OF SAN JUAN C_APISTRANO REPEALING SECTION 6.01.4C OF ORDINANCE NO. 115. There was no vote on the matter. Mayor Byrnes declared the Hearing closed with the right to re -open at any time; Council discussed the costs involved in mailing notices to property owners. It was moved by Councilman Heckscher; seconded by Councilman Nash that the proposed amendment to the zoning ordinance be tabled. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers, Heckscher and Nash NOES: Mayor Byrnes ABSENT: None Planning Director Smith was directed to obtain cost estimates of mailing notices to all property owners in the City, whether by regular mail, certified mail or registered mail. 2. HEARING DATE - WEED ABATEMENT CHARGES Mayor Byrnes directed that the Public Hearing on 1974 Weed Abatement Charges be held at the meeting of September 18, 1974. ORAL. COMMUNICATIONS 1. DEL OBISPO STREET MEDIAN STRIP Council received copies of letters regarding the proposed solid divider on Del Obispo :street between Camino Capistrano and the railroad tracks from Rupert Hartmann, President, Chamber of Commerce; Paul Hunter, M.xnager, Southern California First National Bank; and Mrs. Marilyn Williams, Vice -President, La Tienda de Papel. Mrs. Williams addressed the Council to request a deferral of a decision on a permanent median in order to allow time for consideration of alternative traffic flow proposals to and from E1 Adobe Center. The Director of Public Works will provide a preliminary report on the matter. -2- 9/4/74 ORDINANCES 1. ESTABLISHING THE CITY OF SAN JUAN CAPISTRANO AS A BIRD SANCTUARY Mayor Byrnes acknowledged receipt of a letter from Captain John Ogle suggesting postponement of adoption of the Ordinance or modification to exempt private homes from the provisions of the Ordinance. ORDINANCE NO. 276: ESTABLISIING THE CITY OF SAN JUAN CAPISTRANO AS A BIRD SANCTUARY WN-MR-D—MARCE OF THE CITY OF SAN JUAN CAPISTRANq CALIFORNIA, PROTECTING BIRDS AND THEIR HABITAT was read by title by the City Attorney. After discussion of enforcement problems and the need for citizen cooperation, it was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to adopt Ordinance No. 276 as submitted. Mrs. Minnie Surles addressed the Council and read a letter dated May 29, 1970, regarding the Santa Ana bird sanctuary ordinance. 2. ORDINANCE NO. 277: PROVIDING FOR THE CELEBRATION OF THE ANNUAL DIOS A LAS GOLONDRINAS Y FIESTA DE LOS RTES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO GRANTING A FRANCHISE TO THE SAN JUAN CAPISTRANO CHAMBER OF COMMERCE was read by title by the City Attorney. i It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that Ordinance No. 277 be introduced. 3. ORDINANCE NO. 278: RELATING TO NOISE CONTROL 79 ORDINANCE OF THE CITY OFSAN jUC ISTR 0, CALIFORNIA, CONTROLLING UNNECESSARY, EXCESSIVE AND ANNOYING SOUNDS AND REPEALING ORDINANCE NO. 216 was read by title by the City Attorney. It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried that Ordinance No. 278 be introduced. After discussion of noise levels and technical wordage, it was moved by Councilman Nash, seconded by Mayor Byrnes and unani- mously carried that the previous motion be amended to include provision for a statement or attachment to the Ordinance which would define noise levels in lay language. The Ordinance provides for an agreement for enforcement by the County Health Officer at a charge of $500 per year. RESOLUTIONS 1. RESOLUTION NO. 74-9-4-2: ESTABLISHING MOBILEHOME FEES T -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING FEES FOR MOBILEHOME INSTALLATION PERMITS AND INSPECTIONS It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that Resolution No. 74-9-4-2 be adopted. The Resolution directs the Orange County Department of Building and Safety to assume responsibility for internal inspection of mobilehomes and sets forth the schedule of fees therefor. SUBDIVISION - FINAL TRACT MAP 8129 (PORTION OF TENTATIVE TRACT It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to accept the Final Tract Map 8129, bonds and -3- 9/4/74 fees and to authorize the execution of the Public Improvement Agreement and Tract Map. The developer has furnished the bonds to cover labor, material, performance and monuments; agreements for public sewers; and, a check in payment of fees for construction inspection, sewers, drainage, and park and recreation charges. CONSENT ITEMS It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to accept the staff recommendations with regard to the following matters: 1. REOUEST TO CONDUCT CANDY SALE ORANGE COUNTY COUNCIL OF CAMP FIRE GIRLS The .request of the Camp Fire Girls to conduct a candy sale in the City from January 16, 1975,to February 3, 1975, is approved conditioned upon receipt of a completed application form. The sales will be door-to-door in residential areas and in downtown booths. 2. REQUEST FOR PROCLAMATION OF CONSTITUTION WEEK The request of the Santa Ana Chapter of the Daughters of the American Revolution that the week of Septmber 17 through 23, 1974, be proclaimed as Constitution Week in the City is approved. 3. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES Council received copies of the City Treasurer's Report of 1911 Act Delinquencies as of September 1, 1974, for information. RECESS AND RECONVENE Council recessed at 8:25 P.M. and reconvened at 8:40 P.M. DIRECTOR OF ADMINISTRATIVE SERVICES 1. PROPOSED AFFILIATION WITH ORCO STATE EMPLOYEES CREDIT UNION It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to authorize the Mayor to sign a letter addressed to Nr. Jim Harris, Manager, ORCO State Employees Federal Credit Union, making formal application for affiliation with their organization. DIRECTOR OF PLANNING 1. APPEAL RE OFF-SITE DIRECTIONAL SIGN FOR VILLAGE SAN Council received copies of a letter dated August 14, 1974, from Carter Industries, Inc., leasing agents for U. S. Development Corp., filing an appeal of Ordinance No. 273 which deferred the acceptance and processing of off-site temporary (directional) subdivision signs. The appeal is in connection with a sign located at Del Obispo and Aguacate. It was moved by Councilman Sweeney and seconded by Councilman Weathers to grant the appeal of U. S. Development Corp. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers and Mayor Byrnes NOES: Councilmen Nash and Heckscher ABSENT: None -4- 9/4/74 2. CRITIQUE OF TOWN HALL ASSOCIATION REPORT ON LOS RIGS 9 9 Council received copies of the Planning Director's Critique of the Town Hall Association Report Regarding Los Rios Preservation dated August 2, 1974, for review. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that the following items, which are to be agendized at a later date, be accepted and implemented: (1) An ordinance be adopted to the effect that no permits for either construction, demolition, or renovation shall be issued for any use or alteration to the land or improve- ments within the subject area unless specifically approved by the City Council. (2) A Resolution be adopted declaring the area under question as an area vital to the historic and cultural heritage of the City and that City staff should be aware of this as they review programs and research ideas for the promtion of same. (3) That the City Council acknowledge that studies for develop- ment of precise plans for the area will not be assigned until fiscal year 1975-76. Possible establishment of a committee to review proposals and make recommendations for future utilization of the area was discussed. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. REQUEST FOR LANDSCAPE MAINTENANCE - ALTO CAPISTRANO Council received copies of a letter from the Board of Firectors of the Alto Capistrano Homeowners ;ssocation requesting mainte- nance of plantings along Camino de Las Ramblas from California Street to de Agua and along California Street from Las Ramblas to Calle Bienvenido. It was the consensus of the Council to accept the west parkway of Las Ramblas within City rights-of-way for maintenance and to direct the Director of Public Works to investigate possible methods for the maintenance of the additional areas. 2. EMERGENCY GENERATOR - APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS Council received copies of the specifications, proposed call for bids, and report from the Public Works Director with regard to the acquisition of a diesel engine generator set in compliance with the Emergency Preparedness Program. The unit would provide full power for all operations within the City Hall site. It was noted by Councilman Sweeney that these generators are available as government surplus and efforts should be made to obtain a U.S, government surplus generator in view of the costs. It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to approve the specifications and to authorize the Director of Public Works to obtain proposals for an.emergency generator set. 3. REQUEST FOR STREET CLOSURE - CALLE RESPLENDOR Council received copies of a request from the Board of Directors of Casitas Capistrano Homeowners Association No. II for consideration of the closure of Calle Resplendor at the east boundary of the Casitas in order to reduce traffic and safety hazards. Mayor Byrnes directed that this matter be referred to the Traffic and Transpo^tation Committee for study and recom- mendation back to the Council. 4. DEL OBISPO STREET MEDIAN STRIP It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that this item, previously discussed under Oral Communications, be referred to the Traffic and Transportation Committee and that the present traffic patterns remain uninterrupted until such time as the Committee comes back to the Council with a recommendation. -5- 9/4/74 200 5, BUDGET REVISION - S.E.R.R.A,PROJECT COMITTEE• NO. 5 OCEAN OUTFALL RESOLUTION NO, 74-9-4-3: APPROVING SERRA BUDGET A RESOLUTION OF THE CITY COUNCIL OF TIIE_CVrY OF SAN JUAN CAPISTRANO APPROVING A NEIY PLANNING BUDGET FOR THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY (SERRA) PROJECT COMMITTEE NO. 5, OCEAN OUTFALL It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that Resolution No. 74-9-4-3 be adopted. The Resolution approves the revised budget for Project Committee No. 5 in the amount of $196,330 on the basis that the percentage of San Juan Capistrano's financial commitment will be reduced to 12.90, which will reflect a refund of $4,431 from previously committed funds to the City. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to direct the Director of Public {Yorks to outline and re-evaluate this City's participation in SERRA. 6. DRAINAGE PROBLEM - TROY HOMES/HARBOR LANE HOMES Council received copies of a memorandum from Councilman Nash requesting partial funding and administration of a corrective project to remove deficiences in slope and fence stability along the boundary between Harbor Lane Homes (Tract 7561) and Troy Homes (Tract 6969). It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to authorize the Director of Public Works to implement the corrective project and to obligate the City to participate to the extent of one-half of the total contracted cost of construction; the other one-half of the costs shall be paid for (in advance) by the property owners on the basis of individual lot length, COMMISSIONS, BOARDS, COMMITTEES ARCHITECTURAL BOARD OF REVIEW It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the following persons be appointed as members of the Architectural Board of Review: 1. Michael Imlay 2. Fran Frost 3. Jack Becker 4. Richard Wyndhamsmith 5. George Riley 2. PLANNING COMMISSION a. APPEAL OF COMMISSION ACTION RE DISPLAY FLAGS - PACESETTER HOMES Council received copies of a letter from Pacesetter Homes, Inc., appealing the Planning Commission's decision of August 6, 1974, in denying the extension of the permit for display flags in Tracts 6742 and 7112. It was moved by Councilman Heckscher; seconded by Councilman Nash to uphold the action of the Planning Commission in denying the appeal. The motion carried by the following vote: -6- 9/4/74 201 AYES: Councilmen Nash, Heckscher and Mayor Byrnes NOES: Councilmen Sweeney and Weathers ABSENT: None b. APPEAL OF COMMISSION ACTION RE DISPLAY FLAGS - VILLAGE SAN JUAN (U.S. DEVELOPMENT Council received copies of a letter from U. S. Development Corporation appealing the Planning Commission's decision of August 6, 1974, in denying the extension of the permit. for display flags at the intersection of Village Road and Rancho Viejo Road for Village San Juan. It was moved by Councilman Nash; seconded by Councilman Heckscher to uphold the action of the Planning Commission in denying the appeal. The motion failed by the following vote: AYES: Councilmen Nash and Heckscher NOES: Councilmen Sweeney, Weathers and Mayor Byrnes ABSENT: None c. APPEAL OF COMMISSION ACTION RE PATIO - 92 C LLE DEL C MPO KRISTOFFERSEN Council received copies of a letter from Dan R. Kristoffersen appealing the Planning Commission's decision of August 6, 1974, in denying approval of an aluminum patio room addition and directing that the structure must be removed. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that Mr. Kristoffersen be allowed to retain the patio and that it be painted a color in compliance with findings of the Architectural Board of Review. COUNCIL REMARKS 2. H PROPOSED JOINT MEETING WITH SAN CLEMENTE CITY COUNCIL - PRIMA DESHECHA RECREATIONXI)ISPOSALSITE Mayor Byrnes advised that he and Councilman Sweeney had met with County representatives and San Clemente City officials regarding access routes for the Prima Deshecha disposal site. A joint meeting between the two City Councils is scheduled for September 25, 1974, so that County officials may make a presentation to both Councils. The City Manager is to provide Council with any possible information regarding airport and recreational vehicle facilities at the site. CAPISTRANO VALLEY GENERAL Planning Director Smith advised Council Planning Commission will hold a Public on the second amendment to the General and the Capistrano Valley. GIFTS TO THE CITY that the Orange County Hearing on September 16th Plan for South Laguna Councilman Heckscher presented an official mat for wrist wrestling which he had received while visiting the City of Petaluma. PROPOSED LAND TRUST The City Attorney was directed to provide Council members with any legal background available regarding a proposed agricultural land trust. -7- 9/4/74 5. PETITION RE CONSTRUCTION DEVELOPMENT ABOVE VIEWPOINTE HOMES Mayor Byrnes directed that the Petition received from the Alto Capistrano homeowners Association be placed on the September 18th Council Agenda and that the Traffic and Transportation Committee provide specifie'recommendations for+ solving the traffic problems on Vie de Agua. APPROVAL OF WARRANTS It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to approve the List of Demands dated September 4, 1974, Warrants Nos. 3908 through 3960, inclusive, and Warrant No. 0137, 1911 Act Account. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:38 P.M. to the next meeting date of Wednesday, September 18, 1974, at 7:00 P.M in the City Council Chamber. Respectfully submitted, APPROVED: P� I --- ROYL. , M.D., MAYOR IM 9/4/74