Loading...
74-1016_CC_Minutes_Regular Meeting2 _,. OCTOBER 16, 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 7:00 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by James K. Weathers. ROLL CALL: COUNCILMEN PRESENT: COUNCILMEN ABSENT Roy L. Byrnes, Mayor James K. Weathers, Mayor pro tem Councilman Yvon 0. Heckscher Councilman Douglas B. Nash Councilman John B. Sweeney None STAFF PRESENT: John O'Sullivan, Interim City Manager/Director of Administrative Services; George Madsen, Sr. Project Engineer; William Murphy, Director of Public Works/City Engineer; James Okazaki, City Attorney; David Smith, Director of Planning; Mary Ann Hanover, City Clerk. SPECIAL PRESENTATION Mayor Byrnes read a letter of appreciation to James "Tito" Olivares, Public Works employee, commending him for the actions taken on the morning of October 6, 1974, whereby he saved the lives of two residents and prevented considerable property damage. The letter will be placed in Mr. Olivares' personnel file; a bonus check was also presented. Battalion Chief Dick Pilkington presented a plaque to Mr. Olivares on behalf of the County Fire Department and the local Volunteer Fire Department. MINUTES It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Adjourned Regular Council Meeting of September 25, 1974, be approved as submitted. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that the Minutes of the Special Meeting of September 28, 1974, be approved as submitted. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that the Minutes of the Regular Meeting of October 2, 1974, be approved with the correction of the first name of Mr. Becker from "Eugene" to "Jack" on Page 9, Paragraph 4. MOTION TO READ BY TITLE ONLY It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that all ordinances and resolutions be read by title only. BIDS. CONTRACTS. AGREEMENTS 1. UNDERGROUNDING OF TRACT 6788. DEL OBISPO STREET - Council received copies of a proposed Agreement between the City and San Diego Gas & Electric Company for the undergounding of utilities within Tract 6788 along Del Obispo Street for a cost of $5,369. The work will be coordinated with Pacific Telephone Company and Cable TV; the trench cost will be coordinated with the undergounding of utilities for Tract 8460 (Holstein). It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried to approve the Agreement with San Diego Gas & Electric Company, to authorize -1- 10/16/74 �Mr� the Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. 2. LEASE OF CITY PROPERTY FOR HORSE STABLE - GREEMENT WITH CONNOR ANDERSON Council received copies of a proposed Agreement between the City and Jim Connor and Dr. Gordon Anderson for the lease of Lot E, Tract 8264, for use as a horse stable upon approval of the Final Map of said Tract. Council discussed various aspects of the Agreement, including the term of the lease, breach of contract, and amount of rent. Dr. Anderson, 185 East Cordoba Street, San Clemente, addressed the Council. The Lease is for a period of five years. It was moved by Councilman Sweeney seconded by Councilman Weathers and unanimously carried that the Agreement be approved with certain amendments to be made by the City Attorney and subject to the fee schedule being reviewed by the City Council at the end of the 5 -year term of the Lease. 3. LAW ENFORCEMENT SERVICES - AGREEMENT WITH ORANGE COUNTY SHERIFF'S DEPARTMENT Council received copies of the proposed Agreement with the Orange County Sheriff's Department for law enforcement services within the City. The proposed Agreement calls for charges by the service unit method, i.e., the level of service will be determined by the Sheriff and the City Council and the cost will be determined by the number of actual units assigned to the City. Lt. Walt Fath of the Sheriff's Department appeared before the Council and there was discussion of enforcement of City ordinances, inclusion of cost factors in the Agreement, and effective date of the Agreement. It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried to approve the proposed service unit agreement for law enforcement services subject to price schedules being included in the Agreement and subject to clarification of the County's intention to enforce City ordinances; the Mayor is authorized to sign the Agreement on behalf of the City, and the City Clerk to attest thereto. The Director of Administrative Services was directed to explore various methods of providing law enforcement services'arid to convey to the City Manager of San Clemente that this City Council is interested in pursuing the possibility of San Clemente providing our law enforcement services. ORDINANCES 1. ORDINANCE NO. 279: DELETING REQUIREMENT FOR NOTICE TO NEIGHBORING LANDOWNERS OF PUBLIC HEARINGS FOR ZONE CH GES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO REPEALING 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 Heckscher and unanimously carried that Ordinance No. 279 be adopted. 2. ORDINANCE NO. 280: RELATING TO (INTRODUCTION) AN ORDINANCE.OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, 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 Nash that Ordinance No. 280 be re -introduced with the following amendments: That the requirement that the letters and numbers of the sign be not -2- 10/16/74 less than 2" each be deleted from the text, that the words "Some Schools in San Juan Capistrano are Overcrowded" be not less than 2" letters, and that the text of the sign be in appropriately sized letters. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that Ordinance No. 280 be re -introduced with the amendment to the above motion that the text of the sign to be posted be in letters and numbers not less than 1" high. 3. PROPOSED ENVIRONMENTAL MANAGEMENT ORDIN Council received copies of a memorandum from the City Attorney regarding a proposed ordinance relating to the preservation of the environment which would include noise, dust, light, traffic, etc. Certain provisions to be included in the noise ordinance were submitted, as was a proposed ordinance relating to dust control. Council discussed the proposals submitted; Councilman Nash and the City Attorney will meet to discuss the possible inclusion of a definition of dust in the ordinance. RESOLUTIONS 1. RESOLUTION NO. 74-10-16-1: RELATING TO FARM LABOR CAMPS 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 CAMPS Pursuant to the request of the State Department of Housing and Community Development, Council received copies of a revised resolution assuming the responsibility for the enforcement of the Employee Housing Act as it relates to farm labor camps and designating the Orange County Health Officer as the enforcement agent for the City. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that Resolution No. 74-10-16-1 be adopted. PROCLAMATIONS 1. UNITED NATIONS DAY, OCTOBER 24, 1974 Council received a request that United Nations Day be proclaimed in the City. Mrs. Rose Corrigan addressed the Council in opposition to the possibility of the United Nations Flag being displayed in the Council Chamber as had been done in the past. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that United Nations Day be - recognized in the City, and Mayor Byrnes declared Thursday, October 24, 1974, as United Nations Day. It was the consensus of the Council that the display of any flag other than the U.S. Flag should be by Council guideline only. CONSENT ITEMS It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to accept the staff recommendations with regard to the following matters: 1. REQUEST TO SOLICIT FOR FUNDS - ARTHRITIS FOUNDATION The request of the Arthritis Foundation of Orange County for permission to solicit for funds within the City during the month of February, 1975, is approved conditioned upon receipt of a completed application form. -3- 10/18/74 2. REQUEST TO SOLICIT FOR FUNDS - MARCH OF DIMES The request of the Orange County Chapter of the March of Dimes for permission to solicit for funds within the City during the month of January, 1975, is approved conditioned upon receipt of a completed application form. 3. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES Council received copies of the City Treasurer's Report of 1911 Act Delinquencies as of October 7, 1974, for information. ORAL COMMUNICATIONS 1. FARM LABOR CAMPS/PROPOSED DUST ORDINANCE Mr. Shig Kinoshita, 27015 Calle Real, Capistrano Beach, addressed the Council regarding investigation of his farm labor camps by the County Fire Warden. The Interim City Manager will meet with Mr. Kinoshita to discuss the problem. Mr. Kinoshita suggested that the proposed dust control ordinance should not apply to farming. RECESS AND RECONVENE Council recessed at 8:17 P.M. and reconvened at 8:28 P.M. INTERIM CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES 1. ADMINISTRATIVE SERVICES STAFF REPORT FOR SEPTEMBER, 1974 Council received the Department of Administrative Services Staff Report for September, 1974, for information. 2. TRAFFIC - REPORT ON ENFORCEMENT OF ORDINANCE NO Council received copies of a report from the Interim City Manager and copies of a_letter dated October 8, 1974, from Lt. Fath of the Sheriff's Department. Presiding Judge John A. Griffin of the South Orange County Judicial District has recommended that the Sheriff's Department personnel refrain from enforcing the provisions of the City's Ordinance No. 84 relating to traffic control and parking. Following Council discussion, it was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried to direct staff to prepare a new traffic and parking ordinance as the first priority of the new Traffic Engineer. DIRECTOR OF PLANNING 1. STAFF REPORT FOR SEPTEMBER, 1974 Council received copies of the Planning Department Staff Report for September, 1974, for information. Council requested receipt of a list of the current planning projects mentioned in the Report. 2. GENERAL PLAN STATUS REPORT - GENERAL PLAN PUBLIC HEARING The Planning Director reported that the General Plan was accepted by the Planning Commission on October 15, 1974, with the recommendation that It be forwarded to the City Council for public hearing. Mayor Byrnes set the date of Wednesday, November 6, 1974, for the Public Hearing on the General Plan. -4- 10/16/74 FOR EXEMPTION FROM DEFERRAL PERIOD (SPAULDING m lx Council received a copy of a letter received October 4, 1974, from Spaulding Enuipment Company, 32302 Paseo Adelanto, requesting an exemption from the deferral period for the purpose of constructing buildings for their spray painting operations. A public nuisance has been created by the paint mist being carried onto other properties. The project would be processed through the Architectural Board of Review and the Planning Commission. It was moved by Councilman Weathers seconded by Councilman Heckscher and unanimously carried to grant an exemption to the deferral period for Spaulding Equipment Co. for the purpose of obtaining a permit for the construction of two paint enclosure buildings, based on the finding that a situation currently exists which creates a nuisance to the general public. 4. REQUEST FOR REINSTATEMENT OF LAND USE PERMIT 72-121 - ALIPAZ RECREATIONAL VEHICLE PARK SWAN CONSTRUCTORS, Council received copies of a letter dated October 3, 1974, from Donald J. Helmer, representing Swan Constructors, Inc., request- ing reinstatement of Land Use Permit 72-121 for the construction of the Alipaz Recreational Vehicle Park. It was moved by Councilman Heckscher; seconded by Councilman Nash to deny the request for reinstatement of Land Use Permit 72-121. The motion carried by the following vote: AYES: Councilmen Nash, Heckscher and Mayor Byrnes NOES: Councilmen Sweeney and Weathers - ABSENT: None 5. SPHERE OF INFLUENCE REPORT The Planning Director reported that on October 9, 1974, the Local Agency Formation Commission adopted the Partial Sphere of Influence as submitted by the City through Council action of November 5, 1973. The boundaries of the Sphere are as follows: The extension of the northeasterly City limit boundary in a northwesterly direction to Interstate 5 north to Avery Parkway, westerly to the ridgeline, south along the ridge - line to Camino Del Avion extended, then easterly to the City limits. ALTO CAPISTRANO - STATUS OF MEREDITH TRACT DEVELOPMENT Council received copies of a report dated October 16, 1974, from the Director of Planning regarding the Meredith Hills development in Alto Capistrano and the difficulty of providing access to the project by any other route than Via de Agua. Council discussed the City staff's attempts to find solutions to the problem of access to the development, noise, construction schedules, dust and public safety on Via de Agua, and the fact that the Environmental Impact Report for the Meredith development was silent regarding increases in traffic which would be generated on Via de Agua. Any possible alternate.routes to the tract would of necessity include massive earth movement and alteration of ridgelines. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that the City staff be directed to suspend the issuance of building permits for the Meredith Hills project. The Interim City Manager was directed to send a formal letter to the developer expressing the concerns of the City Council and inviting the developer to meet with City staff; The Council does not wish to -5- 10/16/74 231 create an undue burden on the developer but desires an opportunity for discussion of what options may be available for alleviating the problems. Council requested receipt of a report assaying the Via de Agua traffic. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1, STAFF REPORTS FOR SEPTEMBER, 1974 Council received copies of the activity reports for the month of September, 1974, of the Engineering, Maintenance, and Sanitary Water Pollution Control Sections of the Public Works Department for information. Councilman Nash requested that the Public Works Director report on the landscaping plans for the sewer treatment plant now under construction. 2. FINAL TRACT MAP 8594 (WESTPORT) Council received copies of a report dated October 16, 1974, from the City Engineer's Office that the Final Map for Westport Tract No. 8594 and the improvement plans have been processed. The Sr. Project Engineer requested that the City Council include the acceptance of off-site drainage easements in their consideration of this matter. The developer has submitted fees in the total amount of $58,401.50 for Parks and Recreation, construction inspection, sewer connection, drainage fee, and street light energizing fee. It was moved by Councilman Weathers and seconded by Councilman Sweeney to accept the Final Tract Map 8594, Agreements, Air Navigation Easement and fees, and Off -Site Drainage Easement, to authorize the Mayor to execute the Public Improvement Agree- ments,Three Party Credit Agreement and Tract Map on behalf of the City and the City Clerk to attest thereto, and to authorize certification of the Air Navigation Easement. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers, Heckscher and Mayor Byrnes NOES: Councilman Nash, since the Off -Site Drainage Easement was not a part of the original report. ABSENT: None 3. FINAL TRACT MAP 7616 (WESTPORT) Council received copies of a report dated October 16, 1974, from the City Engineer's Office that the improvement plans and Final Tract Map for Westport Tract No. 7616 have been processed. The developer has submitted fees in the total amount of $33,366 for'Parks and Recreation, construction inspection, sewer connection, drainage fee, and street light energizing fee. It was moved by Councilman Weathers,and seconded by Councilman Sweeney to accept Final Tract Map 7616, Agreement, Air Navigation and Street Easements, and Fees, to authorize the Mayor to execute the Public Improvement Agreements and Three Party Credit Agreement and the City Clerk to attest thereto, and to authorize certification of the Air Navigation Easement. The motion carried by the following^ vote: AYES: Councilmen Sweeney, Weathers, Heckscher and Mayor Byrnes NOES: Councilman Nash ABSENT: None -6- 10/16/74 4. S.E.R.R.A. PROJECT COMMITTEE 5 DESIGN BUDGET (OCEAN OUTFALL) RESOLUTION NO. 74-10-16-2: RELATING TO S.E.R.R.A. PROJECT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING DESIGN PITASE BUDGET AND AUTHORIZING APPROPRIATE BUDGET TRANSFERS THEREFORE It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Resolution No. 74-10-16-2 be adopted and that the 1974-75 fiscal budget be amended by - transferring $70,437 from the 1964 Sewer Bond Construction Fund to the Ocean Outfall Construction Project, S.E.R.R.A. Project Committee No. 5. The Resolution approves the design phase budget in the amount of $530,000 and the City's participation of 13.29% in the amount of $70,437. CULTURAL HERITAGE COMMISSION - PROPOSED ORDINANCE Council received copies of a proposed Ordinance establishing a cultural heritage commission for consideration. There was discussion of the number of members to serve on the Commission, term of office, and the inclusion of additional items in the section dealing with duties, functions, and responsibilities. Councilman Heckscher was appointed to meet with the Historical Preservation Committee in order to review changes in the proposed Ordonance. PARKS AND RECREATION COMMISSION - PARKSITE PROPOSAL (OSBORNE) Council received copies of a report dated October 16, 1974, from the Public Works Director regarding the offer of H,E. Osborne, representing Mr. Kane, that the City purchase a 3 -acre parcel At the end of Calle Lucana for park purposes. The proposed sale price has been reduced from $65,000 to $60,000. At their meeting of October 7, 1974, the Parks and Recreation Commission voted to* discontinue any further action on the matter since the offered price was not reduced significantly. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to receive and file the report and to direct staff to formally decline the amended offer of $60,000 for the 3 -acre parcel. PLANNING COMMISSION 1. REPORT OF PLANNING COMMISSION ACTIONS Council received copies of a report of actions taken by the Planning Commission at their regular meeting of October 1, 1974, for information. 2. COUNTY ARTERIAL BIKEWAY FINANCING PROGRAM Council received copies of a report dated October 16, 1974, from the Director of Planning regarding a proposed substitute program for County funding of regional bikeway construction. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to support the recommendation of the Planning Commission, as follows: The City of San Juan Capistrano supports the concept of 100% financing of arterial bikeways, but does not support the Master Plan of Arterial Bikeways as proposed. The City will support the Master Plan of Arterial Bikeways if the following changes are made: (a) That the north/south route through the City extend northward on Cimino Capistrano to Avery Parkway and then eastward to Marguerite Parkway, instead of northward on Rancho Viejo Road to Marguerite Parkway. -7- 10/16/74 2 (b) That Routes #150 and #152 of the present Master Plan of County -wide Bikeways be included in the proposed Master Plan of Arterial Bikeways with the following change; Route #150 shall extend eastward from the confluence of San Juan and Trabuco Creeks along the north side of San Juan Creek to Ortega Highway Bridge; then continuing eastward on the Ortega right-of-way. HOME WARRANTY COMMITTEE Councilman Sweeney presented an oral report to the Council regarding the Home Warranty Committee meeting of October 3, 1974. A written report will be forwarded to the City Council with recommendations that the City adopt a resolution that home builders participate in home warranty insurance programs and that the housing element of the General Plan incorporate home warranty provisions. BICENTENNIAL COMMITTEE - PROPOSAL FOR FLAG POLE Council was advised that the Bicentennial Committee is considering sponsorship of the erection of a 110' flag pole -at the junction of the freeway and the Ortega Highway. Land adjacent to the Standard Service Station would be dedicated to the City; the City.would be requested to maintain the flag pole. It was moved by Councilman Weathers to support the concept of the idea and to direct staff to investigate details as to legal responsibility, long-term mainte- nance, etc. The motion died for lack of a second. COUNCIL REMARKS 1. AGRICULTURAL PRESERVATION t Council members discussed agricultural preservation in t1le City which was considered at the joint Council/Pla$ningd, Commission meeting of October 12, 1974. 2. BICENTENNIAL CELEBRATION Councilman Weathers reported that the possibility of a commemorative stamp being struck for the 1976 bicentennial will not be considered by the Postal Service before February, 1975, and'that citizens should direct letters to their governmental representatives urging support of such a stamp beginning in January, 1975. 3. OFF SHORE OIL DRILLING Councilman Heckscher requested that a report on off shore oil drilling along the California coast be placed on the next Council Agenda together with the City of Newport Beach Resolution on this matter. 4. CITY OFFICIALS - PHOTOGRAPHS It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that, as a matter of policy, appropriate photographs be taken of each new City Council when it is constituted, that an attempt be made to obtain photographs of those who have served on the Council previously, and of Commissioners and City Managers past and present. 5. CITY -OWNED PROPERTIES - At the request of Councilman Nash, the Interim City Manager will provide a list of all properties owned by the City; a report on City ownership of the Capistrano Airport runway will be placed on the November 20th Council Agenda. -8- 10/16/74 APPROVAL OF WARRANTS It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to approve the List of Demands dated October 16, 1974, Warrants Nos. 4097 through 4168, inclusive. RECESS AND RECONVENE Council recessed to Executive Session at 10:35 P.M. and reconvened at 11:30 P.M. PERSONNEL - PUBLIC WORKS It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to authorize the following appointments to the Department of Public Works based on the Director of Public Works' recommendation that these candidates exceeded the required standards for the positions: 1. George Lohnes, Associate Civil Engineer, at Range 33, Step 3, $1623 per month, effective November 11, 1974. 2. George Alvarez, Assistant Civil Engineer (Traffic), at Range 30, Step 2, $1332 per month, effective November 4, 1974. PERSONNEL - CITY MAN RESOLUTION NO. 74-10-16-3: COMMENDING DONALD G. WEIDNER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING DONALD G. WEIDNER AS THE CITY'S FIRST CITY MANAGER It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Resolution No. 74-10-16-3 be adopted. Mr. Weidner served as City Manager from April 5, 1971 to October.11, 1974. APPOINTMENTS BY MAYOR - TRAFFIC AND TRANSPORTATION COMMITTEE Mayor Byrnes announced that Cecelia Miller, 30624 Calle Chueca, is appointed to fill an existing vacancy on the Traffic and Transportation Committee created by the resignation of Donald Miles. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:40 P.M. to the next regular meeting date of Wednesday, November 6, 1974, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, !� v�� MARY A7 HANOVER, City Clerk -9- 10/16/74