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74-1002_CC_Minutes_Regular MeetingOCTOBER 2, 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 7:01 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by George Madsen. ROLL CALL: COUNCILMEN PRESENT: COUNCILMEN ABSENT Roy L. Byrnes, Mayor James K. Weathers, Mayor pro tem Councilman Yvon O. Heckscher Councilman Douglas B. Nash Councilman John B. Sweeney 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 Nash and unanimously carried that the Minutes of the Special Meeting of September 14, 1974, be approved as submitted. It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried that the Minutes of the Regular Meeting of September 18, 1974, be approved with the addition of the following words at the end of the last paragraph, Page 4: the notices are to be sent by certified mail." MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that all ordinances and resolutions be read by title only. BIDS, CONTRACTS, AGREEMENTS 1. PROPOSED LEASE OF CITY PROPERTY FOR STABLES OPERATION CONNOR ANDERS N OF TRACT 8264, ORTEGA HIGHWAY Council received copies of a proposed agreement between the City and Jim Connor and Gordon Anderson for the lease of Lot E, Tract 8264, for a horse stables'operation. This property is to be transferred to the City upon approval of the Final Map to be submitted by the owner/developer, Robert Maurer. Dr. Anderson addressed the Council; and, after discussion of various aspects of the proposed agreement, including a proposed earth worm operation on the premises, it was the consensus of the Council to signify their support of a horse stable at this location. The matter was referred to staff for redrafting of the agreement. 2. MISSION FLATS DRAINAGE - DON JUAN STREET It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to approve the plans and specifi- cations and to authorize a call for bids for correction of the drainage problem on Don Juan Street in the Mission Flats area, as requested by the Director of Public Works. The Director noted that the Ortega Highway project was deleted from the project and will be handled as a separate matter. -1- 10/2/74 } t f• 3. FENCE CORRECTION - TROY/HARBOR LANE HOMES RE ULT OF BIDS AGItLeEMENT WITH PROPERT OWNERS Council received copies of a report dated October 2, 1974, from the Public Works Director regarding the status of bids received for correction of the fence boundary between Troy and Harbor Lane Homes and the receipt of agreements from property owners for participation in this project. It was moved by Councilnu n Sweeney, seconded by Councilman Nash and unanimously carried that, upon receipt from the property owners of all deposits and executed agreements, the low bid in the amount of $2,625.00 from Capistrano Fence Company for the Troy/Harbor Lane Homes fence correction project be approved, the City Manager be authorized to execute the contract, and all other bids be rejected. It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to authorize and direct the Mayor to execute the agreements on behalf of the City upon receipt of all 16 agreements and deposits. PUBLIC HEARINGS 1. ZONING AND PLANNING APPLICATIONS - EXTENSION LF DEFERRAL PERIOD Notice having been given as required by law, Mayor Byrnes declared the Public Hearing on the proposed extension of the deferral period for the acceptance of certain zoning and planning applications open and inquired if anyone in the audience wished to address the Council on this matter. The Planning Director advised that at their meeting of October 1, 1974, the Planning Commission had adopted a resolution supporting the extension of the deferral period. Mr. Robert Orr, 27762 Forbes Road, Laguna Niguel, addressed the Council to inquire if the deferral period could be extended in shorter, multiple increments rather than for an 8 -month period. Mr. Justus Gilfillen of Newport Beach, representing Mission Hills Ranch, Inc., addressed the Council to question the over all length of the deferral period. There being no one else wishing to address the Council on this matter, Mayor Byrnes declared the hearing closed with the right to re -open at any time. ORDINANCE NO. 278: RELATING TO ZONING AND PLANNING APPLICATIONS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO DEFERRING THE ACCEPTANCE AND PROCESSING OF CERTAIN ZONING AND PLANNING APPLICATIONS, EXTENDING THE PROVISIONS OF ORDINANCE NO. 265 was read by title by the City Attorney. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that Ordinance No. 278 be adopted as an urgency ordinance with the addition of the follow- ing words at the end of Section 1: . or for the period of eight months from the date of this Ordinance, whichever should terminate earlier." Council had received copies of a report dated October•2, 1974, from the Planning Director recommending the adoption of the above ordinance and the development of a priority list for processing development applications. It was moved by Council- man Heckscher and seconded by Councilman Nash to direct staff to develop a priority list for the eventual processing of development applications. After discussion, the motion and second were withdraws since the staff recommendation would allow the submission of applications, etc, at the present time in order to establish the priority list; preference is for proceeding with the adoption of the General Plan and supportive ordinances. It was -2- 10/2/74 moved by Councilman Weathers and seconded by Councilman Sweeney to accept the staff recommendation that a priority list be developed for the eventual processing of development applications. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers and Mayor Byrnes NOES: Councilmen Nash and Heckscher ABSENT: None It was moved by Councilman Sweeney to direct staff to develop a priority list for development applications beginning no earlier than January 1, 1975. There was no second to the motion. It was moved by Councilman Nash to rescind the above adopted motion and to approve the amended motion set forth by Council- man Sweeney. Mayor Byrnes directed that this matter be heard at the end of the Council Agenda. At that time, it was moved by Councilman Nash and seconded by Councilman Heckscher to rescind the above adopted motion and to adopt the amended motion as made by Councilman Sweeney. The motion was withdrawn. It was moved by Councilman Nash and seconded by Councilman Sweeney to reconsider the adopted motion accepting the staff recommendation that a priority list be developed for the eventual processing of development applications. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers, Nash and Heckscher NOES: Mayor Byrnes ABSENT: None It was moved by Councilman Nash and seconded by Councilman . Heckscher to amend the previous action and to direct staff to develop a priority list for development applications beginning January 6, 1975. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSENT None 2. ZONING - NOTICE TO NEIGHBORING PROPERTY OWNERS (RZ 74-2-T Notice of the continuation of this Public Hearing from the Council meeting of September 4, 1974, having been properly posted, Mayor Byrnes declared the Hearing re -opened and asked if anyone in the audience wished to address the Council on this matter. There being no response, Mayor Byrnes declared the Public Hearing closed with the right to re -open at any time. ORDINANCE NO. 279: DELETING THE REQUIREMENT FOR NOTICE TO NEIGHBORING LANDOWNERS OF PUBLIC HEARINGS FOR ZONE CHANGES AN ORDINANCE OF THE CITY OF SAN JUAN CAPlSTRAN EPEALING SECTION 6.01.4 c OF ORDINANCE NO. 115 was read by title by the City Attorney. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that Ordinance No. 279 be introduced. It was moved by Councilman Heckscher, seconded by Councilman -3- 10/2/74 Weathers and unanimously carried to direct staff that, after the mailing of notices by certified mail to all of the owners of record of public hearings to be conducted on the Land Use Management Code, the process of mailing notices to neighboring landowners shall be reinstituted for all other proposed zone changes. ORDINANCES - POSTING OF SCHOOL ATTENDANCE INFORMATION ORDINANCE NO. 280: RELATING TO SCHOOL ATTENDANCE INFORMATION AN ORDINANCE Or"TIIE`CITY'COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO REQUIRING THE POSTING OF INFORMATION REGARDING SCHOOL ATTENDANCE AND CLASS SCHEDULING IN SUBDIVISION SALES OFFICES was read by title by the City Attorney. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Ordinance No. 280 be introduced with the following changes to Section 1: a. First paragraph, delete the word "or" between the words "model homes" and "sales offices" b. The sign to be posted shall read as follows: ,,SOME SCHOOLS IN SAN JUAN CAPISTRANO ARE OVERCROWDED. THIS SALES OFFICE IS REQUIRED TO PROVIDE EACH PROSPECTIVE PURCHASER A COPY OF THE SCHOOL DISTRICT'S LATEST REPORT ON THE ATTENDANCE, CLASS SCHEDULING AND OTHER PERTINENT INFORMATION. FOR FURTHER INFORMATION ON SCHOOL ATTENDANCE ZONES AND CLASS SCHEDULING, CONTACT THE CAPISTRANO UNIFIED SCHOOL DISTRICT AT 26126 VICTORIA BOULEVARD, CAPISTRANO,BEACH, CALIFORNIA, TELEPHONE NO. 496-1215." RESOLUTIONS 1. AUTHORIZING DESTRUCTION OF CERTAIN RECORDS Council discussed the reports dated October 2, 1974, from the Director of Administrative Services and from the City Clerk requesting authorization to destroy certain City records, i.e., cancelled checks, paid vouchers and cash receipts dated prior to 6/30/69; miscellaneous records in the office of the City Clerk dated prior to 10/2/69,and duplicate records less than 5 years old, pursuant to Government Code Sections 34090 and 34090.7. Council members expressed concern with the proposed destruction of financial records and original documents. It was moved by Councilman Nash and seconded by Councilman Heckscher that no City records will be destroyed for 10 years. The motion failed by the following vote: AYES: Councilmen Nash and Heckscher NOES: Councilmen Sweeney, Weathers and Byrnes ABSENT: None It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried to allow the destruction of duplicate records. RESOLUTION NO. 74-10-2-1: PROVIDING FOR THE DESTRUCTION Uhnjj4,jA R11l.Vnijo - 11 n. ouV V11V1l V1' ".1/ OF SAN JUARN—C-AfTISTRANO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK AND THE DIRECTOR OF ADMINISTRATIVE SERVICES TO DESTROY CERTAIN CITY RECORDS AND DOCUMENTS PURSUANT TO THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA It was moved by Councilman Weathers and seconded by Councilman Sweeney that Resolution No, 74-10-2-1 be adopted, The motion carried by the following vote: -4- 10/2/74 AYES: Councilmen Sweeney, Weathers and Mayor Byrnes NOES: Councilmen Nash and Heckscher ABSENT: None It was moved by Councilman Nash and seconded by Councilman Heckscher to adopt a 10 -year policy for records retention and that no pertinent original documents, cancelled checks, paid vouchers,' or cash receipts be destroyed, effective October 2, 1974. The motion failed by the following vote: AYES: Councilmen Nash and Heckscher NOES: Councilmen Sweeney, Weathers and Mayor Byrnes ABSENT: None Council requested further information from staff, and directed staff to develop a records retention policy. 2. SALARY OF CITY TREASURER RESOLUTION NO. 74-10-2-2: RELATING TO SALARY OF CITY TREASURER - E OLUTIONOF-THE CITY COUNCIL OF THE CITY OF SAN JUANC I T O FIXING SALARY FOR CITY TREASURER It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that Resolution No. 74-10-2-2 be adopted. The Resolution fixes the salary of the City Treasurer at $150.00 per month, effective September 19, 1974. CONSENT ITEMS It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to accept the staff recommendations with regard to the following matters: 1. EASEMENT DEED ON DON JUAN AVENUE (MEADOWS . m rr r. l" The Easement Deed duly executed by the grantors, Thomas J. and Virginia S. Meadows, for street and highway purposes for Parcel 1, Tract 808, and for slope purposes for Parcel 2, Tract 808, is accepted and the City Clerk authorized and directed to certify acceptance thereof. The Easement Deed is required in conjunction with the correction of the drainage problem in the Mission Flats area. 2. STREET DRAINAGE - ORANGE COUNTY FLOOD CONTROL DISTRICT PERMIT WESTPORT TRACTS 7616, 8593, and 85947 Permit Application No. 22074 to the Orange County Flood Control District for permission to enter the Flood Control Channel in order to pick up street drainage from the subject tracts and carry it through the dike into San Juan Creek is approved and the Public Works Director authorized and directed to sign on behalf of the City. The developer will prepare all necessary plans and pay all fees to the District. REPORT ON GRADING OPERATION - MEREDITH COMPANY The City Attorney presented an oral report regarding complaints received due to noise, dust and traffic generated by the Meredith Company development above Viewpointe Homes in the Alto Capistrano area. Council received copies of an ordinance from the City of Orange establishing noise control regulations. The City Attorney was directed to study both the City of Orange and the Orange County noise ordinances and submit a proposed ordinance to the City Council for consideration. -5- 10/2/74 ORAL COMMUNICATIONS 1. REQUEST FOR AGENDA INFORMATION Mr. Peter Herman addressed the Council to inquire what items the Council intended to consider in the Executive Session listed on the Agenda. Mayor Byrnes replied that a discussion was planned with a representative of Public Management Services of salary and personnel requirements in the recruitment of a new City Manager. 2. LOS RIOS STREET STUDY Mr. Forrest Dunivin addressed the Council to suggest that property owners from the area be included, if Council selects a committee to conduct a study of the Los Rios Street area. RECESS AND RECONVENE Council recessed at 9:25 P.M. and reconvened at 10:10 P.M. after Executive Session. DIRECTOR OF PLANNING 1. LOS RIOS AREA PRESERVATION - URGENCY ORDINANCE ORDINANCE NO. 281: RELATING TO STRUCTURES IN THE "LOS RIGS" AREA - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUIRING LAND USE AND OTHER SPECIAL PERMITS FOR THE CONSTRUCTION, DEMOLITION, REFINISHING, RENOVATION OR RELOCATION OF ANY STRUCTURES LOCATED WITHIN AN AREA BOUNDED BY THE SANTA FE RIGHT-OF-WAY, MISSION STREET, TRABUCO CREEK AND DEL OBISPO STREET It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that Ordinance No. 281 be adopted as an urgency matter, as amended. Prior to adoption of the Ordinance, there was Council discusssion, and Mr. Randy Williams addressed the Council. 2. LOS RIOS AREA - HISTORICAL SIGNIFICANCE RESOLUTION NO. 74-10-2-3: RELATING TO THE LOS RIOS AREA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DECLARING THE LOS RIOS AREA AS AN AREA OF SPECIAL HISTORICAL SIGNIFICANCE It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried that Resolution No. 74-10-2-3 be adopted, as amended. Any and all applications affecting the Los Rios Area are to be processed through the Cultural Heritage Commission and the City Council. 3. DISCUSSION OF PROPOSED COMMITTEE FOR LOS RIOS AREA After discussion of the proposed establishment of a committee to study problems in the Los Rios Area, it was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that this matter be deferred to another time. Staff was directed to submit a proposed ordinance to the City Council establishing the Cultural Heritage Commission and to define the duties of the Commission. -6- 10/2/74 4. ENVIRONMENTAL PROTECTION AGENCY - PROPOSED RULES (PARKING Council received copies of a report dated October 2, 1974, from the Planning Director regarding the proposed rules for the review and control of indirect sources of air pollutants. The Planning Director advised that at their meeting of October 1, 1974, the Planning Commission had recommended that the City should rely upon indirect source review by the Environmental Protection Agency.. It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to accept the recommendation of the Planning Commission. Mrs. Marilyn Williams addressed the Council regarding the taxation proposed by the EPA; Mayor Byrnes advised that the EPA tax proposal has been rescinded. 5. REQUEST FOR VARIANCES FOR EXPANSION OF PRODUCE MARKET Council re,eived copies of a report from the Planning Director dated October 2, 1974, regarding the request of Mr. Charles Vermeulen, 11591 Cielo Place, Santa Ana, for permission to expand his existing produce market on Del Obispo Street. Variances from City requirements would be requested. It was moved by Councilman Nash and seconded by Councilman Heckscher to determine that the preservation of agriculture in the valley should be encouraged and that the City staff should work with the applicant to develop a plan for the expansion of the produce market with the understanding that variances to the standards requirements of development in the City will be considered favorably. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSENT: None DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. REQUEST FOR PARADE PERMIT - AMERICAN YOUTHO OURTMIZATION Council received copies of a memorandum dated October 2, 1974, from the Director of Public Works regarding the request of Mr. James Cochran, 25788 Via del Rey, for permission for the American Youth Soccer Organization to conduct a parade through the central section of the City on November 23, 1974. It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried to affirm that the City Council looks favorably upon this event and to direct staff to prepare an in-depth review of a parade of this type. 2. ACQUISITION OF SEWER LIN.: BY EMINENT DOMAIN - R 0 WE P T At the request of George Madsen, Sr. Project Engineer, Council considered a request for authorizing eminent domain proceedings for sewer line facilities required to be constructed in connection with the development of Tract No. 7160. -7- 10/2/74 2 /d RESOLUTION NO. 74-10-2-4: RELATING TO ACQUISITION OF EASEM RESOLUTION OF TIIE CPCY COUNCIL Or' TIIE CITY OF S N N CAPISTRANO AUTIIORIZING TIIE ACQUISITION OF AN EASEMENT FOR A SEWER LINE BY EMINENT DOMAIN PROCEEDINGS It was moved by Councilman Weathers and seconded by Councilman Sweeney that Resolution No. 74-10-2-4 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers, Heckscher and Mayor Byrnes NOES: Councilman Nash ABSENT: None COMMISSIONS, BOARDS, COMMITTEES 1. PLANNING COMMISSION APPEAL OF COMMISSION DECISION - PATIO COVER Council considered the appeal of Mr. D. R. Spargur from the Planning Commission action of September 3, 1974, denying the request for an aluminum patio cover and ordering that the structure oe removed. The cover was installed without a building permit; and, since the residence is located in a Planned Development, the structure should have been submitted to the Planning Commission for consideration before its construction. Mr. Spargur has received approval from the Sun Hollow Architectural Control Committee if a wooden fascia is attached to the existing patio cover. Mr. Spargur addressed the Council to reiterate his request for retention of the aluminum patio cover. It was moved by Councilman Heckscher and seconded by Councilman . Nash that this matter be referred back to the Planning Commission with instructions to reconsider Mr. Spargur's request. The motion failed by the following vote: AYES: Councilman Heckscher NOES: Councilmen Sweeney, Weathers, Nash and Mayor Byrnes ABSENT: None After further discussion, it was moved by Councilman Heckscher and seconded by Councilman Weathers to uphold the decision of the Planning Commission to deny the request to retain an aluminum patio cover in Sun Hollow, as recommended by the Director of Planning. The motion carried by the following vote: AYES: Councilmen Weathers, Nash and Heckscher NOES: Councilman Sweeney and Mayor Byrnes ABSENT: None 2. TRAFFIC AND TRANSPORTATION COMMITTEE SCHOOL CROSSWALK ON CAMINO CAPISTRANO Council received copies of a memorandum dated October 2, 1974, from the Director of Public Works regarding a mid -block crosswalk on Camino Capistrano for students attending the Capistrano Elementary School. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that the placement of a mid -block school crosswalk on Camino Capistrano at the main school entrance be authorized, as recommended by the Traffic & Transportation Committee. -8- 10/2/74 223 3. PARKS AND RECREATION COMMISSION PARKSITE PROPOSAL - H.E. OSBORNE Mayor Byrnes directed that this item be held over to the meeting of October 16, 1974. 4. ARCHITECTURAL BOARD OF REVIEW Mayor Byrnes announced that George Riley had been selected as Chairman of the Architectural Board of Review and Jack Becker as Vice Chairman. APPROVAL OF WARRANTS It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried to approve the List of Demands dated October 2, 1974, Warrants Nos. 4030 through 4096, inclusive. RECESS AND RECONVENE Council recessed -to Personnel Session at 11:25 P.M. and reconvened at 11:35 P.M. AUTO ALLOWANCE - INTERIM CITY MANAGER It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that Interim City Manager John O'Sullivan receive an auto allowance of $150.00 per month effective October 11, 1974. APPOINTMENT TO ORANGE COUNTY HEALTH PLANNING COUNCIL RESOLUTION NO. 74-10-2-5: APPOINTMENT TO THE ORANGE COUNTY HEALTH PLANNING COUNCIL - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPOINTING JOHN GIBSON TO THE ASSEMBLY OF DELEGATES OF THE ORANGE COUNTY HEALTH PLANNING COUNCIL It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried that Resolution No. 74-10-2-5 be adopted. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:40 P.M. to the next meeting date of Saturday, October 12, 1974, at 9:00 A.M. in the City Council Chamber for a joint meeting with the Planning Commission for discussion of the General Plan. F... -Ttipv. Respectfully submitted, -9 10/2/74