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74-1106_CC_Minutes_Regular Meeting235 NOVEMBER 6, 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 7:02 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by John B. Sweeney. ROLL CALL: COUNCILMEN PRESENT: 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: John O'Sullivan, Interim City Manager/Director of Administrative Service; lack Raines, Sr. Project Engineer; William Murphy, Public Works Director/City Engineer; David Smith, Director of Planning; James Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that the Minutes of the Adjourned Regular Meeting of October 12, 1974, be approved as submitted. It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried that the Minutes of the Regular Meeting of October 16, 1974, be approved with the following correction to Page 5, Sphere of Influence Report: The word "easterly" be changed to "westerly" after ". Avery Parkway" in the boundary description. 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. EMERGENCY PREPAREDNESS PROGRAM - EMERGENCY GENERATOR Council received copies of a report from the Public Works Director dated November 6, 1974, on the bids received for the proposed emergency generator set for the City offices. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to reject all bids and to direct staff to restudy the requirements with a view towards installing a smaller generator that would supply emergency power only,in lieu of full line capacity. 2. PUBLIC WORKS - PORTABLE AIR COMPRESSOR - AWARD OF BID 3. Council received copies of a report from the Public Works Director dated November 6, 1974, on the bids received for a portable air compressor. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to accept the proposal from the low bidder, Orange County Equipment Company, in the amount of $4,767 for a portable air compressor, to authorize the City Manager to execute a contract for purchase of the compressor, and to rejebt'all other bids. PUBLIC WORKS - VEHICLE SPECIFICATIONS Council received copies of vehicle specifications from the Public Works Director for the following vehicles as authorized in the 1974-75 fiscal budget: -1- 11/6/74 236 One compact pick-up truck, One 1/2 -ton pick-up truck, Two flat bed trucks, Two compact 2 -door sedans. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve the specifications and to authorize the Interim City Manager to advertise and obtain bids,both with and without automatic transmission, on the six vehicles approved in the current fiscal budget. 4. STREET IMPROVEMENTS - RECONSTRUCTION OF DEL OBISPO STREET _ RTERIAL HIGHWAY FINANCING PROGRAM NO. Council received copies of a report dated November 6, 1974, from the Public Works Director that the Griffith Company has conpleted the reconstruction of Del Obispo Street, AHFP No. 686. RESOLUTION NO. 74-11-6-1: COMPLETION OF DEL OBISPO STREET RECONSTRUCTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE RECONSTRUCTION OF DEL OBISPO STREET FROM LOS RIOS STREET TO CAMINO CAPISTRANO, AHFP NO. 686 It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that Resolution No. 74-11-6-1 be adopted. The motion incorporates the following recommenda- tions of the Public Works Director: 1. Determine that the work has been completed in accordance with the contract documents and declare the work to be accepted; the total amount of the work performed under the contract is in the sum of $43,605.20. 2. Within ten (10) days from the date of acceptance, file a Notice of Completion with the Orange County Recorder. 3. Upon expiration of thirty-five (35) days from filing of the Notice of Completion, make payment to the Griffith Company in the amount of $4,360.52. ORDINANCES 1. ORDINANCE NO. 280: RELATING TO SCHOOL ATTENDANCE INFORMATION 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, seconded by Councilman Sweeney and unanimously carried that Ordinance No. 280 be adopted. CONSENT ITEMS It was moved by Councilman Nash, seconded by Councilman Sweeney and t.nanimously carried to approve the following Consent Items: 1. PROCLAMATION - TEEN CHALLENGE WEEK NOVEMBER 24 - DECEMBER 1 The request of Mr. Jene C. Wilson, Executive Director, Teen Challenge of Southern California, that the week of November 24 to December 1, 1974, be proclaimed "Teen Challenge Week" in the City is approved. -2- 11/6/74 237 2. DECLARATION - LEAGUE OF WOMEN VOTERS WEEK, NOVEMBER 10 - 16 The request of Mrs. Wilma Bloom, President, League of Women Voters of the Capistrano Bay Area, that the week of November 10 - 16, 1974, be declared "League of Women Voters Week" in the City is approved. SPECIAL PRESENTATIONS - GENERAL PLAN/AGRICULTURE At the invitation of the City Council, the following special presentations were heard: 1. Dr. Alfred Gobar: Economic Implications of the General Plan. 2. Harold W. Otto: Can Agriculture Exist in an Urban Situation. 3. Dr. William W. Wood, Jr: Land Use Planning and the Economics of Agriculture. PUBLIC HEARINGS 1. GENERAL PLAN - ENVIRONMENTAL IMPACT REPORT Notice having been given as required by law, Mayor Byrnes declared the Public Hearing on the Environmental Impact Report of the General Plan open and inquired if anyone in the audience wished to address the Council on the adequacy of the Report. There being no one wishing to address the Council, Mayor Byrnes declared the hearing closed with the right to re -open at any time. Council withheld acceptance of the Environmental Impact Report pending the Public Hearing on the General Plan. RECESS AND RECONVENE Council recessed at 8:40 P.M. and reconvened at 8:55 P.M. PUBLIC HEARINGS ( CONTINUED) 2. GENERAL' PLAN Council received copies of a report dated November 6, 1974, from the Director of Planning and a proposed Resolution for the adoption of the General Plan of the City of San Juan Capistrano. Notice having been given as required by law, Mayor Byrnes declared the Public Hearing open. Written communications were received from the following: 1. Justus Gilfillan, 4300 Campus Drive, Newport Beach, representing Mission Hills Ranch, Inc. 2. Anses Joseph, Jr., 16927 Van Owen Street, Van Nuys, regarding a 13 -acre parcel at Camino del Avion and Alipaz Road. 3. Richard Massen, P.O. Box 4, Laguna Beach, regarding property at the northeast corner of Ortega Highway and Ganado Road. 4. Walter Richardson Associates, 230 East 17th Street, Costa Mesa, planning consultants for property owned by Glendale Federal. Mayor Byrnes inquired if anyone in the audience wished to address the Council. The following persons addressed the Council and expressed their views on the adoption of the General Plan: -3- 11/6/74 1. Carol Nash, President, Town Hall Association. 2. Thomas Ahern, 26901 Canyon Crest Road. 3. Robert McCollum, 30111 Silver Spur Road. 4. James Thorpe, 27952 Calle Santa Ynez. 5. Richard Massen, P.O. Box 4, Laguna Beach. 6. Dale Ileinley, Attorney at Law. 7. Marilyn Williams, 29931 Camino Capistrano. 8. Paul Solata, 4301 Birch Street, Newport Beach. 9. Paul Yoder, 26961 Calle Granada, Capistrano Beach. 10. Shigeru Kinoshita, 26015 Calle Real, Capistrano Beach. 11. Justus Gilfillan, 4300 Campus Drive, Newport Beach. 12. Richard McMechan, P.O. Box 185, San Juan Capistrano. 13. Herman Ahlers, 27131 Mission Hills Ranch. 14. William Bathgate, 29643 Camino Capistrano. There being no one else wishing to address the Council on this matter, Mayor Byrnes declared the Public Hearing closed with the right to re -open at any time. Council members will list those items regarding the General Plan that they wish to be discussed further and circulate copies to all other members of the Council. The Public Hearing will be continued to the meeting of November 20, 1974. 3. OFF-SITE SUBDIVISION DIRECTION SIGNS - EXTENDING THE PROVISIONS OF ORDINANCE NO. 273 Notice.having been given as required by law, Mayor Byrnes declared the Public Hearing open and inquired if anyone in the audience wished to address the Council on the proposed extension of the provisions of Ordinance No. 273 which defers the acceptance of permits for off-site subdivision directional signs. There being no one wishing to address the Council on this matter, Mayor Byrnes declared the Public Hearing closed with the right to re -open at any time. ORDINANCE NO. 282: RELATING TO OFF-SITE SUBDIVISION DIRECTIONAL SIGNS. AN ORDINANCE OF THE CITY OF SAN JUAN I RAN , CALIFORNIA, DEFERRING THE ACCEPTANCE OF PERMITS FOR OFF-SITE SUBDIVISION DIRECTIONAL SIGNS, AND EXTENDING THE PROVISIONS OF ORDINANCE NO. 273 (URGENCY) was read by title by the City Attorney. It was moved by Councilman Heckscher and seconded by Councilman Nash that Ordinance No. 282 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSENT: None The provisions of Ordinance No. 273 are extended until such time as those provisions of the City's zoning ordinances relating to off-site subdivision directional signs have been revised and -4- 11/6/74 r , J adopted by the Planning Commission and the City Council, or for a period of eight months, whichever shall first occur. SUBDIVISIONS AND ANNEXATIONS 1. ACCEPTANCE OF FINAL TRACT MAP 8130 (U.S. DEVELOPMENT) Council received copies of a report dated November 6, 1974, from the City Engineer's Office that the improvement plans and Final Map for U.S. Development Tract 8130 have been processed. The development is a portion of Tentative Tract No. 7387 and is located adjacent to and north of Village Road, extending to the City boundary on the north and Trabuco Creed Road on the east. The developer has furnished the appropriate bonds and agreements and has submitted fees in the total amount of $29,685.67 for construction inspection, sewer connection and acreage, drainage, street light energy, parks and recreation and plan check.. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to accept Final Tract Map 8130, bonds and fees, to authorize the Mayor to execute the Public Improvement Agreement and the City Clerk to attest thereto, and to authorize the execution of the Tract Map. 0 INTERIM CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES 1. PERSONNEL - COMPREHENSIVE EMPLOYMENT AND TRAINING ACT (CEPA) Council received copies of a report dated November 6, 1974, from the Interim City Manager that the City is eligible for an additional $33,780 in CETA funds. It was the consensus of the Council to support the recommendation that the positions of Engineering Aide, Maintenance Man I (Parks), Maintenance Man I (Streets); and Legislative Aide be filled under this program. An unbudgeted position of Maintenance Man I may also be filled under this program. 2. SUBDIVISIONS - MEREDITH HILLS PROJECT The Interim City Manager presented an oral report on a preliminary meeting held with the developers of the Meredith Hills Project regarding the action taken on October 16, 19749 in suspending the issuance of building permits for the project. Further meetings will be held. 1 3. PARKS AND RECREATION - PROPOSED DONATION OF EQUIPMENT This item was withdrawn from the Agenda. 4. OFF -SHORE OIL DRILLING - PROPOSAL OF DEPARTMENT OF INTERIOR Council received copies of a report dated November 6, 1974, from the Interim City Manager regarding the proposal of the U.S. Department of Interior to allow new oil wells off the. coast of Southern California, and copies of a Resolution from the City of Newport Beach. RESOLUTION NO. 74-11-6-2: OPPOSING OFF -SHORE OIL WELLS RESOLUTION U IL OF THE CITY O CAPISTRANO, CALIFORNIA, OPPOSING THE PROPOSAL OF THE UNITED STATES DEPARTMENT OF INTERIOR TO DRILL NEW OIL WELLS OFF THE COAST OF SOUTHERN CALIFORNIA It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that Resolution No. 74-11-6-2 be adopted. -5- 11/6/74 44 40 CITY CLERK. 1. REQUEST TO SOLICIT - LEAGUE OF WOMEN VOTERS Council received copies of an application form from the League of Women Voters of the Capistrano Bay Area requesting permission to solicit for funds within the City from Novmeber 7 through November 16, 1974. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve the request. 2. REQUEST TO SOLICIT - UNIFICATION CHURCH OF LONG BEACH Council received copies of an application form from the Unification Church of Long Beach requesting permission to solicit for funds in the business district of the City from November 7 to December 31, 1974. It was moved by Councilman Nash, seconded by Ccuncilman Heckscher and unanimously carried that the requestbe denied. DIRECTOR OF PLANNING 1., 1976 SPECIAL COUNTY -WIDE CENSUS Council received copies of a report dated November 6, 1974, from the Director of Planning that the County and most cities in Orange County are coordinating a County -wide census to be conducted in 1976. The special census would provide an up -dated basis for State subventions to cities. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to indicate an intent to participate in the 1976 Special County -Wide Census and to direct the Interim City Manager to so notify the California State Department of Finance. 2. REQUEST FOR WAIVER OF IMPROVEMENTS - PRODUCE STAND (VERMEULEN) Council received copies of a report dated November 6, 1974, from the Director of Planning regarding the request of Mr. Charles Vermeulen for.waiver of improvements in connection with the proposed expansion of the existing produce market on Del Obispo Street. It was moved by•Councilman Sweeney and seconded by Councilman Heckscher that the Director of Planning be directed to proceed with the identification of improvements which are proposed to be waived. Mr. Vermeulen addressed the Council; and, after Council discussion, the matter was tabled. The matter was referred back to staff for clarification; the Planning Director will meet with Mr. Vermeulen. 3. HISTORICAL PRESERVATION - REPAIRS TO 26711 VERDUGO STREET Council received copies of a report dated November 6, 1974, from the Director of Planning, regarding repairs being made to the structure at 26711 Verdugo Street in the Los Rios area of the City. City Ordinance 281 provides for Council review and approval of any planned alterations to buildings in this area. Council also received copies of a letter from Fred Sutherland and Joan Voelzke, avners of the property in question, requesting permission to fumigate the building, repair the picket fence, and repair window screens. It was moved by Councilman Nash; seconded by Councilman Heckscher to allow the scope of repair work as identified in the letter to be undertaken and to direct that future substantial exterior modifications be approved by the Planning Commission with recommendations from the Cultural Heritage Commission and the Architectural Board of Review. The motion carried by the following vote: -6- 11/6/74 AYES: Councilmen Sweeney, Nash and Heckscher NOES: Councilman Weathers and Mayor Byrnes ABSENT: None 4. ZONING - AUTHORIZATION FOR BASE MAP Council received copies of a report dated November 6, 1974, from the Director of Planning requesting authorization for Woodside/Kubota & Associates to proceed with the preparation of a base map designating property lines in the City. The map is for use in establishing zoning districts and designa- tions on individual parcels of land in accordance with the proposed General Plan. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to authorize the expenditure of a sum not to exceed $2,000 for the preparation of a base map with property descriptions. 5. UTILITY UNDERGROUNDING - REQUEST FOR MODIFICATION (PROVINCIAL PROPERTIES, INC, Council received copies of a report dated November 6, 1974, from the Director of Planning, and also received copies of a letter from Bruce Swartout of Provincial Properties, P.O. Box 147, requesting relief from the requirement for under - grounding of utilities due to a severe grade condition at the edge of the property on Ortega Highway. Utilities will be underground from the top of the slope to the residence. It was moved by Councilman Weathers; seconded by Councilman Sweeney to determine that the placement of overhead utilities on some residential properties, where such placement would be consistent with the City's environmental standards, does not conflict with the undergrounding policy of the City; and, further determine that the Director of Public Works and Director of Planning may approve such installations on an individual basis. It was moved by Councilman Heckscher, seconded by Mayor Byrnes and unanimously carried that the motion be amended, as follows: To determine that the placement of overhead utilities on the property, as described -in the letter of October 25,.1974, from Provincial Properties, Inc., does not conflict with the undergrounding policy of the City. Mr. Milton Long, 28333 Ortega Highway, addressed the Council in opposition to the motion, Mr. Jack McFarland, representing Provincial Properties, spoke in favor and Mr, Ken Fussell of San Diego Gas & Electric answered questions from the Council, It was moved by Councilman Sweeney and seconded by Councilman Weathers that the primary motion be adopted. The motion failed by the following vote: AYES: Councilmen Sweeney and Weathers NOES: Councilmen Nash, Heckscher and Mayor Byrnes ABSENT None 6. REQUEST FOR PERMIT TO STOCKPILE DIRT (MILLER/ORR) Council received copies of a report dated November 6, 1974, from the Director of Planning regarding the request of Mr. Robert Miller and Mr. Robert Orr for permission to stockpile approximately 250,000 cubic yards of dirt on the Goya property on Ganado Road. The dirt has been stockpiled near the Las Ramblas interchange on a temporary permit. -7- 11/6/74 It was moved by Councilman Weathers; seconded by Councilman Sweeney to authorize the County to complete the plan check on the project, subject to the following conditions: 1. Written approval from the Honeyman Ranch of a design for the proper protection of their irrigation lines and facilities. 2. Soils tests by a licensed soils engineer to assure 90% compaction in the future right-of-way of Ortega Highway. 3. A $1,000 cash deposit to assure proper maintenance of public facilities, both during the construction phase and held by the City until the ultimate grading completion. 4. No trees on the site to be removed without prior approval by the Tree Inspector. 5. Compliance with all safety or other precautions as specified by the City Engineer. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers, Heckscher and Mayor Byrnes NOES: Councilman Nash ABSENT: None DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. JUNIPERO SERRA PARK - CHANGE ORDER NO. 4 It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to approve Change Order No. 4 to Industrial Turf, Inc., for a time extension of 60 calendar days for maintenance purposes for Junipero Serra Park. TRAFFIC AND TRANSPORTATION COMMITTEE 1. SCHOOL CROSSING PROTECTION - DEL OBISPO AND DEL AVION Council received copies of a Special Report dated October•15, 1974, from the Traffic and Transportation Committee regarding adult crossing guard assistance for school children at the intersection of Del Obispo Street and Camino del Avion. No Action was taken on the matter, as recommended by the Committee. 2. SCHOOL CROSSING PROTECTION - DEL OBISPO WEST OF VIA BELARDES Council received copies of a report dated October 16, 1974, from the Traffic and Transportation Committee regarding the request of the Capistrano Valley Christian Schools for a crossing guard on Del Obispo west of Via Belardes. No action was taken on the matter, as recommended by the Committee. 3. TRAFFIC CIRCULATION - CALLE RESPLENDOR Council received and filed copies of a Special Report dated October 15, 1974, from the Traffic and Transportation Committee regarding the request that Calle Resplendor be closed at the common boundary of the Casistas-Westport tracts. Council requested that the Traffic Committee review safety conditions at Calle Chueca and Calle Resplendor. 4. TRAFFIC CONDITIONS - DEL OBISPO/PASEO ADELANTO Council received copies of a report dated November 6, 1974, from the Public Works Director regarding additional safety -8- 11/6/74 24, considerations at the intersection of Del Obispo Street and Paseo Adelanto adjacent to the existing bridge. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to approve the expenditure of a sum not to exceed $1000 for the removal of certain sections of bridge railing and for installation of wire cables and mesh for sight distance improvement on the Del Obispo Street bridge. HOME WARRANTY COMMITTEE REPORT Council received copies of the Final Report and Recommendations dated October 22, 1974, from John Sweeney, Chairman of the Home Warranty Committee. RESOLUTION NO. 74-11-6-3: RELATING TO HOME WARRANTY INSURANCE PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO URGING HOMEBUILDERS TO PARTICIPATE IN A HOME WARRANTY INSURANCE PROGRAM. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Resolution No. 74-11-6-3 be adopted. The remaining recommendations in the Report are referred to staff. Council commended Mr. Sweeney for his Report. COUNCIL REMARKS 1. PUBLIC SAFETY - SHERIFF SERVICES The Interim City Manager was directed to contact the Orange County Sheriff's Department to invite officers assigned to this City to a future Council meeting for introduction to the City Council. 2. S.E.R.R.A...- JOINT MEETING A joint meeting between the City Council and members of the S.E.R.R.A. Board of Directors is scheduled for Tuesday, November 19, 1974, at 4:00 P.M. in the City Council Chamber. APPROVAL OF WARRANTS It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to approve the List of Demands dated November 6, 1974, Warrants Nos. 4169 through 4253, inclusive. RECESS AND RECONVENE ` Council recessed to Personnel Session at 12:20 A.M., November 7, 1974, and reconvened at 12:25 P.M. APPOINTMENT TO PARKS AND RECREATION COMMISSION Mayor Byrnes announced that Mrs. Jill Clark, 33671 Via de Agua, was appointed to fill the existing vacancy on the Parks and Recreation Commission. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:26 A.M., November 7, 1974, to the nextmeeting date of Tuesday, November 19, 1974, at 4:00 P.M. in the City Council Chamber for a joint meeting with the Board of Directors of S.E.R.R.A. Respectfully submitted, NOVEMBER 19, 1974 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN JUAN CAPISTRANO The Adjourned Regular Meeting of the City Council was called to order by Mayor pro tem James K. Weathers at 4:00 P.M. in the City Council Chamber. ROLL CALL: COUNCILMEN PRESENT: COUNCILMEN ABSENT James K. Weathers, Mayor pro tem Councilman Douglas B. Nash Councilman John B. Sweeney Roy L. Byrnes, Mayor -- Councilman Yvon O. Heckscher STAFF PRESENT: John O'Sullivan, Interim City Manager/Director of Administrative Services; William Murphy, Public Works Director/City Engineer; Charles Neal, City Treasurer. ALSO PRESENT: J. B. Latham, James Smith, Angus Smith, Carl Kymla, Phil Peter, Donald Martinson, Alex Bowie, Thomas Martin, T.J. Meadows, William Wolfson, Pamela Hallan. JOINT MEETING - BOARD OF DIRECTORS OF THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY The joint meeting between the City Council and the members of the Board of Directors of S.E.R.R.A, was called for the purpose of discussing the functions of S.E.R.R.A, and the City's relationship with the South East Regional Reclamation Authority. No action was taken. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 5:35 P.M. to the next regular meeting date of Wednesday, November 20, 1974, at 7:00 P.M. in the City Council Chamber. APPROVED: FJ Respectfully submitted, MARY ANN HANOVER, CITY CLERK By -1- 11/19/74