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74-1120_CC_Minutes_Regular Meeting24.5 NOVEMBER 20, 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 George Madsen. 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 Services; George Madsen, 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 Sweeney and unanimously carried that the Minutes of the Regular Meeting of November 6, 1974, be approved as submitted. MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that all ordinances and resolutions be read by title only. PERSONNEL -.INTRODUCTION OF DEPUTY SHERIFFS As requested by Council, the Interim City Manager introduced Lt. Walt Fath, Commander of the Laguna Niguel Sheriff's Substation, whose Officers are assigned to the City. Lt. Fath then presented the Deputies detailed to the Midnight Watch, the Day Watch, the Evening Watch, the Investigative Team Leader, the Investigator, and the Sergeants supervising the Patrol Division. BIDS, CONTRACTS, AGREEMENTS 1. STREET IMPROVEMENTS - AWARD OF BID (DON JUAN AVENUE) Council received copies of the results of the bid opening on November 15, 1974, for paving and corrective construction on Don Juan Avenue. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to award the bid to the low bidder, Griffith Company, in the amount of $10,883, and to reject all other bids. 2. CONSENT TO SALE OF TAX DEEDED PROPERTY Council received copies of a letter dated October 16, 1974, from the Orange County Tax Collector indicating that the City may purchase a 6' x 10' parcel of property located off San Juan Creek Road near the old La Novia right-of-way for a minimum bid of $10. Since the property is of no apparent use to the City; it was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to consent to the sale of that certain tax deeded property at Tax Collector's Sale No. 1182. -1- 11/20/74 46 3. TROY/HARBOR LANE FENCE CORRECTION - STATUS REPORT Council received copies of a report dated November 20, 1974, from the Director of Public Works regarding the status of executed agreements received from property owners for the boundary fence correction between Troy and IIarbor Lane Homes. Five of the sixteen property owners involved have responded of which two submitted properly executed agreements and correct payments. It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried to return the agreements and the payments submitted by the property owners and to terminate the project; the Interim City Manager is directed to send letters to those involved and to return the checks. 4. LANDSCAPE IRRIGATION SYSTEM SPECIFICATIONS - PA EO ADFLANTO FLOOD CONTROL RIGHT -OF -WY — Council received copies of a report dated November 20, 1974, from the Director of Public Works regarding the plans and specifications for the placement of trees in the Orange County Flood Control District right-of-way adjacent to Paseo Adelanto. Trees will be planted by the County following the City's installation of the irrigation system; the City will assume maintenance of the trees 90 days after planting. It was moved by Councilman Nash and seconded by Councilman Sweeney to approve the plans and specifications for the land- scape irrigation system in the Orange County Flood Control District right-of-way on Paseo Adelanto and to authorize a call for bids. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers, Nash and Mayor Byrnes NOES: None ABSTAIN: Councilman Heckscher ABSENT: None 5. AUTHORIZATION FOR PURCHASE OF SEWER EASEMENT - STATE DIVISION OF HIGHWAYS Council received copies of a report dated November 20, 1974, from the Director of Public Works regarding the purchase of a sewer easement from the State Division of Highways in conjunction with an encroachment permit received in 1964. The easement is across a portion of Lot 33, Tract 103, and is westerly of Route 5 and easterly of Avenida La Paloma. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to determine that the Director's Deed is acceptable as to form and description, to authorize payment of the sum of $200 as the fair market value for the easement, and to authorize the Mayor to execute the letter of acceptance on behalf of the City. RESOLUTIONS 1. RESOLUTION NO. 74-11-20-1: PUC FUNDS FOR DEL OBISPO STREET RAILROAD CROSSING - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AUTHORIZING THE SUBMISSION OF A REQUEST TO THE PUBLIC UTILITIES COMMISSION FOR FUNDS FROM THE CROSSING PROTECTION FUND FOR PROTECTION OF CROSSING NO. 2-197.4 DEL OBISPO STREET, AT ITS INTERSECTION WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TRACKS. It was moved by Councilman Heckscher, seconded by Councilman -2- 11/20/74 4: Weathers and unanimously carried that Resolution No. 74-11-20-1 be adopted. The Resolution authorizes the submittal of a request for 50 percent of the costs of crossing signals from the Public Utilities Commission An connection with the proposed widening of the Del Obispo Street railroad crossing, pursuant to Commission Case No. 5495. 2. STREET IMPROVEMENTS - FEDERAL AID URBAN "D" PROGRAM FOR ORANGE COUNTY AHFP BRIDGE PROGR M Council received copies of a report dated November 20, 1974, from the Director of Public Works, recommending the adoption of separate Resolutions directed to the County of Orange in order to preserve the City's options for obtaining Federal funds under the Federal Aid Urban "D" Program. RESOLUTION NO. 74-11-20-2: RELATING TO CAMINO CAPISTRANO BRIDGE - F U FUNDS - RESOLUTION OF THE CITY COUNCIL OF -WE CITY OF SAN J N CAPISTRANO REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN THREE YEAR (F.Y. 1973-74, 1974-75, 1975-76) PROGRAM THE DEVELOPMENT OF THE CAMINO CAPISTRANO BRIDGE. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that Resolution No. 74-11-20-2 be adopted. 3. RESOLUTION NO. 74-11-20-3: RELATING TO ALIPAZ STREET & JUNIPERO SERRA BRIDGE - FAU FUNDS - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JU CAPISTRANO REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN THREE YEAR (F.Y. 1973-74, 1974-75, 1975-76) PROGRAM THE DEVELOPMENT OF ALIPAZ STREET AND JUNIPERO SERRA BRIDGE. It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried that Resolution No. 74-11-20-3 be adopted. 4. RESOLUTION NO. 74-11-20-4: RELATING TO CAMINO DEL AVION BRIDGE - FAU FUND - RESOLUTION F THE CITY COUNCIL OF THE CITY OF SAN JUAN �ISTRANO REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN THREE YEAR (F.Y. 1973-74, 1974-75, 1975-76) PROGRAM THE DEVELOPMENT OF CAMINO DEL AVION BRIDGE. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that Resolution No. 74-11-20-4 be adopted. CONSENT ITEMS 1. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES Council received copies of the City Treasurer's Report of 1911 Act Delinquencies as of November 1, 1974, for information. PUBLIC HEARINGS 1. GENERAL PLAN - ENVIRONMENTAL IMPACT REPORT (CONTINUATION) Notice of Continuation having been given as required by law, Mayor Byrnes declared the Public Hearing on the Environmental Impact Report of the General Plan re -opened 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 Public Hearing closed with the right to re -open at any time. No action was taken, pending the Public Hearing on the General Plan. -3- 11/20/74 2. GENERAL PLAN (CONTINUATION) Notice of Continuation having been given as required by law, Mayor Byrnes declared the Public Hearing on the San Juan Capistrano General Plan re -opened. Written communications were received from the following: 1. Dale Heinly, Attorney at Law, 638 North Van Ness Street, Santa Ana, representing Delta Management Corporation. 2. Howard Huntington of Delta Management Corporation, 201 South Lake Avenue, Pasadena. 3. Richard Massen, P.O. Box 4, Laguna Beach. 4. Warren Sikora, Attorney at Law, 888 North Main Street, Santa Ana, representing the Buchheim property interests. 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: 1. Warren Sikora, 888 North Main Street, Santa Ana. 2. Richard Massen, P.O. Box 4, Laguna Beach. 3. Dale Heinly, 638 North Van Ness Street, Santa Ana. 4. Paul Yoder, 26961 Calle Granada, Capistrano Beach. There being no one else wishing to address the Council, Mayor Byrnes declared the Public Hearing closed with the right to re -open at any time. After discussion, Council continued their deliberations later in the evening. SUBDIVISIONS AND ANNEXATIONS 1. FINAL TRACT MAP 8264. MAURER DEVELOPMENT COMPANY Council received copies of a report dated November 20, 1974, from the City Engineer's office that the improvement plans and Final Tract Map for Maurer Development Company Tract 8264 have been processed. The developer has submitted the appropriate bonds, agreements, and easements, and has furnished a check in the total amount of $75,555.00 for construction inspection, sewer connection, street light energizing fee, title reports, and plan check; the developer will construct a portion of the master plan drain. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to accept Final Tract Map 8264, the off-site Easement Deed for Calle Arroyo, bonds and fees; to authorize the Mayor to execute the Public Improvement Agree- ments and Ortega Highway Acquisition Agreement and the City Clerk to attest thereto; and, to authorize the City Clerk to execute the Tract Map and to certify acceptance of the Easement Deed on behalf of the City. 2. FINAL APPROVAL OF IMPROVEMENTS, TRACTS 7192, 7193, 7194, 6590, TP R U L E Council received copies of a report dated November 20, 1974, from the City Engineer's Office that all public improvements, including streets, curbs and gutters, sidewalks, underground drainage facilities, sanitary sewers, and ornamental street lights have been constructed in Westport Tracts Nos. 7192, 9173, 7194, 6590, 7229, and 7274. It was moved by Councilman Weathers, seconded by Councilman -4- 11/20/74 Sweeney and unanimously carried to accept all public improve- ments in Tracts 7192, 7193, 7194, 6590, 7229, and 7274, and to authorize the City Engineer to certify completion and release of the 3 -party agreements after receiving a copy of the recorded Notice of Completion and conformed copies of the contract documents for all improvements, pursuant to the 3 -party agreements. DIRECTOR OF PLANNING 1. STAFF REPORT Council received copies of the Planning Department Staff Report for the month of October, 1974, for information. 2. REOUEST FOR WAIVER OF IMPROVEMENTS - PRODUCE STAND EXPANSION VERMEULEN Council received copies of a report dated November 20, 1974, from the Director of Planning regarding the request of Mr. Charles Vermeulen for a waiver of improvements in conjunction with the proposed expansion of the produce stand on Del Obispo Street. Mr. Vermeulen appeared before the Council. The require- ments, other than those of the Uniform Building Code, normally placed upon commercial developments include the following: a. Street dedication. b. Improvement of public streets to the ultimate width. C. Undergrounding of all utilities on street frontage and within property limits. d. Payment of drainage fees over the entire parcel. e. Hookup to municipal sewer system and payment of fees. f. Provision of domestic water in accordance with the requirements of Water District No. 4. g. Three-step site plan review procedures. h. Extensive interior parking lot landscaping and perimeter landscaping of the project area. i. Review of architectural details and application of Mission architectural design controls. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to direct staff to work with the applicant to expeditiously obtain the permits for the improve- ments to the facility; to require only the filing of an irrevocable offer to dedicate a portion of the property fronting on Del Obispo Street as required for the ultimate right-of-way; and, to require that domestic water and sewer hookup requirements be met. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. STAFF REPORTS Council received copies of the Public Works Director's Report for October, 1974, the Public Works Activities Report for October, 1974, and the City Engineer's Staff Report for October, 1974, for information. Council requested receipt of copies of the City's litter ordinance for review, and requested that the Sheriff's Department be directed to enforce the litter ordinance. 2. REQUEST FOR WAIVER - SEWER CONNECTION FEES (CAPISTRANO-LAGUNA REGIONAL OCCUPATIONAL PROGR M Council received copies of a letter dated November 1, 1974, from Iiector Navarrette, representing the Capistrano -Laguna Regional Occupational Program, requesting waiver of sanitary sewer connection fees in conjunction with the building of a model house. The Program provides training opportunities to high school students, out of school youth, and adults residing within the School District. -5- 11/20/74 3. rd f It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the sewer connection and permit fees in the total amount of $277.00 be waived and that staff be directed to return the fees to the payor. GRADING REPORT - FORSTER CANYON DUMP S The Public Works Director presented an oral report to the Council on the grading and clearing work on the Forster Canyon dump site. Council requested that the Public Works Director contact the appropriate Orange County officials to determine what the County's future plans are for clearing and grading at this location. STREET IMPROVEMENTS - ARTERIAL HIGHWAY FINANCING PROGRAM PROJECTS Council received copies of a report dated November 20, 1974, from the Director of Public Works listing all possible projects that could be included in the City's submittal to the County for Arterial Highway Financing Program matching funds. It was moved by Councilman Weathers and seconded by Councilman Sweeney to approve the priority list as submitted. After discussion, Councilman Weathers amended the motion to stipulate that the submittal would be for items 1 and 2 only as shown on the attached list from the Public Works Director. Council- man Sweeney concurred in the amendment to the motion. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers, Heckscher and Mayor Byrnes NOES: Councilman Nash ABSENT: None The proposed AHFP projects to be submitted to the County are as follows: 1. Alipaz Street - Camino del Avion to 1800' northerly. Resubmit to relate increased costs and add the storm drain. 2. Camino Capistrano - San Juan Creek to Del Obispo. Add one -northbound lane and complete the master plan storm drain by extending the drain being placed by San Juan Plaza to Del Obispo. PARKS AND RECREATION COMMISSION 1. PROPOSED CULTURAL AND RECREATIONAL BROCHURE Council received copies of a memorandum from the Director of Public Works dated November 20, 1974, forwarding a proposed Cultural and Recreational Opportunities brochure to be mailed to City residents. Council suggested the following changes to the brochure: correct the availability of school gymnastic facilities; include special library services; add a roster of Parks and Recreation Commissioners. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried to accept the Cultural and Recreational brochure from the Parks and Recreation Commission as corrected', to authorize the printing of 5,000 copies of the orochure at an estimated cost of $170, and to direct staff to arrange for distribution of copies of the brochure to all residents of the City. -6- 11/20/74 PLANNING COMMISSION 1. REPORT OF PLANNING COMMISSION ACTIONS Council received copies of a report dated November 20, 1974, from the Director of Planning relating to actions taken by the Planning Commission at their regular meeting of November 5, 1974, for information. TRAFFIC AND TRANSPORTATION COMMITTEE 1. TRAFFIC CONDITIONS - VIA DE AGUA - ESTABLISHMENT OF COMMITTEE Council received copies of a report dated November 20, 1974, from the Director of Public Works regarding the estimated projected traffic volumes that would generate from the Meredith development above Viewpointe Homes in the Alto Capistrano area. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that a committee be established composed of Council members, residents of the area, and the developer of the Meredith tract to discuss the traffic problems in the area. Mayor Byrnes appointed Councilman Heckscher as chairman of the committee and Councilman Weathers as committee member. APPROVAL OF WARRANTS It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to approve the List of Demands dated November 20, 1974, Warrants Nos. 4254 through 4328, inclusive. RECESS AND RECONVENE Council recessed at 8:45 P.M. and reconvened at 9:03 P.M. GENERAL PLAN PUBLIC HEARING - CONTINUATION Mayor Byrnes re -opened the Public Hearing on the San Juan Capistrano General Plan and inquired if anyone in the audience wished to address the Council on the matter. Mr. Tony Forster, 31312 Guadalupe, and Mrs. Elizabeth Forster, 31861 Calle Winona, addressed the Council. There being no one else in the audience wishing to address the Council on this matter, Mayor Byrnes declared the Public Hearing closed with the right to re -open at any time. 1. Land Use Element. Council commenced their deliberations of the General Plan with consideration of the Land Use Element and particularly the designation of neighborhood shopping centers. It was moved by Councilman Nash and seconded by Councilman Heckscher to accept 4 to 6 acre size designation for neighborhood shopping centers. It was moved by Councilman Heckscher that the motion be amended to specify a 6 acre designation. There was no second to the proposed amendment. The motion failed by the following vote: AYES: Councilmen Nash and Heckscher NOES: Councilmen Sweeney, Weathers and Mayor Byrnes It was moved by Councilman Sweeney and seconded by Councilman Weathers that neighborhood shopping centers be defined as approximately 10 acre commercially orientated developments and that the matter be referred to the Planning Commission for report to the Council. The motion -7- 11/20/74 carried by the following vote: AYES: Councilmen Sweeney, Weathers and Mayor Byrnes NOES: Councilmen Nash and Heckscher ABSENT: None It was moved by Mayor Byrnes to delete the last sentence of Item 11, Page 30-A, of the Land Use Element summary. There was no second to the motion and it was withdrawn by Mayor Byrnes. It was the consensus of the Council that any action taken implies a request for report from the Planning Commission. It was moved by Councilman Nash; seconded by Councilman Heckscher that the word "control" be changed to "discourage" as it applies to "strip commercial zones." The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers, Nash, and Heckscher NOES: Mayor Byrnes Council discussed the possible designation of regional shopping centers at the north and south ends of the City. Ed Haworth, of Haworth, Anderson and Lafer, addressed the Council. It was moved by Councilman Nash and seconded by Councilman Heckscher that the City not consider large shopping centers at the north and south ends of the City. There was no vote on the motion. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that commercial centers in the City not be designed in order to garner business specifically from.outside of the City limits. It was moved by Councilman Weathers and seconded by Mayor Byrnes that the equivalency of office -institutional use to residential density of 5 units per acre is recognized and supported. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers and Mayor Byrnes NOES: Councilmen Nash and Heckscher ABSENT: None 2. Agricultural Designation: It was moved by Councilman Nash and seconded by Councilman Sweeney to adopt the Agricultural Designation as shown on the composite Land Use Map. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash and Heckscher NOES: Councilman Weathers and Mayor Byrnes ABSENT: None Council set the date of December 3, 1974, at 7:00 P.M. for continued discussion of the General Plan. The Planning Director will supply a format for Council. -g- 11/20/74 RECESS AND RECONVENE Council recessed to Executive Session at 11:48 P.M. and reconvened at 1:25 A.M., November 21, 1974. CITY CLERK It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the City Clerk's salary be increased from $1041 per month to $1093 per month effective November 13, 1974, pursuant to the satisfactory completion of the six month probationary period. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 1:30 A.M., November 21, 1974, to the next meeting date of Tuesday, November 26, 1974, at 8:00 P.M. in the City Council Chamber for a presentation by the Orange County Housing Authority. APPROVED: V v. MY L. BYIQUI M.D., MAYOR — Respectfully submitted, -��/'lU Pit% M RY OV City Clercs -9- 11/20/74 25 NOVEMBER 26, 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 Byrnes at 8:00 P.M. in the City Council Chamber. ROLL CALL: COUNCILMEN PRESENT: Rey L. Byrnes, Mayor James K. Weathers, Mayor pro tem, who joined the meeting at 8:05 P.I Councilman Douglas B. Nash Councilman John B. Sweeney COUNCILMEN ABSENT: Councilman Yvon O. Heckscher STAFF PRESENT: John O'Sullivan, Interim City Manager/Director of Administrative Services; Jack Raines, Sr. Project Engineer; William Murphy, Public Works Director/City Engineer; George Lohnes, Associate Civil Engineer; David Smith, Director of Planning. ALSO PRESENT: Members of the Planning Commission. REQUEST TO CONDUCT CHRISTMAS TREE LOT Council received copies of a letter dated November 26, 1974, from Richard A. Downing, 26862 Vista Del Mar, Capistrano Beach, request- ing permission to conduct a Christmas Tree sale from December 5 to 25, 1974, from 10:00 A.M. to 10:00 P.M. daily. The proposed lot is adjacent to the Texaco Service Station at 26874 Ortega Highway; permission has been granted by the owner of the property. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to approve the request conditioned upon approval of a traffic circulation plan, parking plan, and signature thereon by the Director of Public Works and the Director of Planning; Mr. Downing is to obtain a City business license. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 - PRESENTATION Mr. Reed Flory, Housing Planner, County of Orange, made a special presentation to the Council regarding the Housing and Community Development Act of 1974. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that the City Council support the County of Orange in their "Urban County" application under the Housing and Community Development Act; staff is directed to work with the County to provide information in order to complete the application. Staff was further directed to explore potential projects for a discretionary fund application. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:26 P.M. to the next meeting date of Tuesday, December 3, 1974, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, MARY ANN HANOVER, CITY CLERK By APPROVED: O L. E , ., MAYOR -1- 11/26/74