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74-1218_CC_Minutes_Regular MeetingX65 DECEMBER 18, 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 7:03 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by James K. Weathers. :%LL 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: William Murphy, Public Works Director/City Engineer; George Madsen, Sr. Project Engineer; David J. Smith, Director of Planning; Carl Neuhausen, Planning Consultant; James Okazaki, City Attorney; Mary Ann Hanover, City Clerk. Mayor Byrnes welcomed Mr. Pat Levens and several of his students from the 9th grade class of "Survey of Social Science" at Dana Hills High School. MINUTES It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried that the Minutes of the Adjourned Regular Meeting of December 3, 1974, be approved as submitted. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Regular Meeting of December 4, 1974, be approved as amended, i.e., Page 4, under the item entitled "Transportation Steering Committee Report," the first sentence is to read: "Councilman Nash reported that the Southeast Orange County Circulation Study Steering Committee has adopted goals and policies and received preliminary versions of several circulation plans." 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. IRRIGATI - AWARD OF Council received copies of a memorandum from the Director of Public Works dated December 18, 1974, regarding the result of bids opened on December 10, 1974 for the Trabuco Creek Channel Irrigation and Planting Plan. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to award the contract to the low bidder, R.K. Johnson Landscaping, in the amount of $1,920.20, to authorize the Mayor to execute the contract on behalf of the City, and to reject all other bids. The Public Works Director was requested to provide Council with preliminary engineering cost estimates with a:l future bid reports. -1- 12/18/74 2. PUBLIC WORKS VEHICLES - AWARD OF BIDS Council received copies of memoranda dated December 18, 19740 from the Administrative Assistant, regarding the results of bids opened on November 22, 1974, for the following Public Works vehicles: (1) Two One -ton Flat Bed Trucks. It was moved by Councilman Heckscher, seconded by Council- man Weathers and unanimously carried to accept the low qualifying bid in the amount of $11,936.02 ($5,968.01 each) for two 1975 model one -ton flat bed trucks from Tom Ayres Chevrolet and to reject all other bids. (2) One 1/2 ton Pick-up Truck. It was moved by Councilman Heckscher, seconded by Council- man Weathers and unanimously carried to accept the low qualifying bid in the amount of $4,192.50 for one 1975 model 1/2 ton pick-up truck from Allen Oldsmobile -Cadillac, Inc., and to reject all other bids. (3) One Compact Pick-up Truck. It was moved by Councilman Heckscher, seconded by Council- man Weathers and unanimously carried to accept the low bid in the amount of $3,068.36 for one 1974 model compact pick-up truck equipped with 4 -speed transmission in the amount of $3,068.36 from Tom Stamp Ford and to reject all other bids. (4) Two Compact 2 -door Sedans. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to accept the low qualifying bid in the amount of $5,811.18 ($2,905.59 each) for two 1974 Chevrolet Vegas from Tom Ayres Chevrolet, and to reject all other bids. 3. PUBLIC WORKS VEHICLES - APPROVAL OF SPECIFICATIONS It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to approve the specifications as submitted for one (1) tilt cab and chassis, 22,000 G.V.W., and one (1) hydraulic boom loader, as authorized within the 1974-75 fiscal budget, and to authorize a call for bids. Councilman Heckscher requested a summary of the vehicle's pro- posed use. 4. JUNIPERO SERRA PARK - NOTICE OF COMPLETION RESOLUTION NO. 74-12-18-1 - COMPLETION OF JUNIPERO SERRA PARK 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 CONSTRUCTION OF JUNIPERO SERRA PARK It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that Resolution No. 74-12-18-1 be adopted. The Resolution determines that the work has been completed in accordance with the contract documents in the total sum of $53,589.00, declares the work to be accepted, and directs that a Notice of Completion be filed with the County Recorder within ten (10) days of acceptance. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to direct staff to make payment in the amount of $5,358.90 to Industrial Turf, Inc., upon expiration of 35 days from the date of the filing of the Notice of Completion. -2- 12/18/74 5. HOUSING AT DEVELOPMENT ACT OF 1974 - 267 Council received copies of a memorandum from the Interim City Manager dated December 11, 1974, regarding a proposed coopera- tion agreement with the County of Orange for the Housing and Community Development Act of 1974. The Agreement provides for the processing of the application for funding. Council also received copies of a report dated December 18, 1974, from the Director of Planning for information. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve the agreement as proposed and to authorize the Mayor to execute the agreement on behalf of the City. The proposed agreement has been approved by the City Attorney. CITY ATTORNEY - APPROVAL OF AGREEMENTS Mayor Byrnes directed that all future agreements submitted by another public agency have the City Attorney's written "Approval as to Form" before submission to the City Council. RESOLUTIONS 1. Council received copies of a memorandum dated December 18, 1974, from the City Engineer's office regarding the City's submission of applications for Arterial Highway Financing Program funds. RESOLUTION NO. 74-12-18-2: RELATING TO INCLUDING CAMINO CAPISTRANO IN THE AHFP - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ART&RIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF CAMINO CAPISTRANO FROM SAN JUAN CREEK BRIDGE TO 200 FEET NORTH OF DEL OBISPO STREET It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that Resolution No. 74-12-18-2 be adopted. The Resolution requests the Board of Supervisors of the County of Orange to allocate the sum of $70,000, to be matched by City funds for the improvement of a portion of Camino Capistrano. 2. RESOLUTION NO. 74-12-18-3: RELATING TO REOUEST FOR INCREASED AHFP FUNDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO REQUESTING THE COUNTY OF ORANGE TO INCREASE THEIR ALLOCATION FROM ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF ALIPAZ STREET FROM CAMINO DEL AVION TO 1,800 FEET NORTHERLY It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried that Resolution No. 74-12-18-3 be adopted. The Resolution requests the Board of Supervisors of the County of Orange to increase their allocation of funds to $100,000, to be matched by City funds, for the improvement of a portion of Alipaz Street. 3. WATERWORKS DISTRICT NO. 4 - ENVIRONMENTAL IMPACT REPORT GUIDELINES NG TO ENVI REVIEW BOARD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY i SAN JUAN CAPISTRANO DIRECTING THE ENVIRONMENTAL REVIEW BOARD OF THE CITY OF SAN JUAN CAPISTRANO TO UNDERTAKE EIL REVIEWS FOR ORANGE COUNTY WATERWORKS DISTRICT ND. 4 It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that Resolution No. 74-12-18-4 be adopted. -3- 12/18/74 2 " ORDINANCES 1. CULTURAL HERITAGE COMMISSION (INTRODUCTION) ORDINANCE NO. 283: ESTABLISHING A CULTURAL HERITAGE COMMISSION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO CREATING AND ESTABLISHING POWERS AND RESPONSIBILITIES FOR A CULTURAL HERITAGE COMMISSION was read by title by Councilman Heckscher. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that the following changes be made in the proposed Ordinance: Section 2: Membership: Insert the words "at least" before the words "five (5) of whom . ." Delete the second sentence. Fourth sentence: Place a period after "City Council" and delete the remainder of the sentence. Section 6: Appeal and Review Procedures: Second sentence: Strike the words "of twenty-five dollars ($25.00)" an3insert the words "to be set by Resolution of the City Council." It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried.that Ordinance No. 283 be introduced as amended. CONSENT ITEMS It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to accept the staff recommendations with regard to the following matters: 1. PROCLAMATION - WEEK OF CONCERN (MARCH OF DIMES) As requested by Arthur R: McKenzie, Chairman, Orange County Chapter, March of Dimes, the week of January 5 - 119 1975, is proclaimed "Week of Concern" in the City. 2. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES The City Treasuer's Report of 1911 Act Delinquencies as of December 11, 1974, was received for information. 3. STREET RIGHT-OF-WAY EASEMENT - CAMINO CAPISTRANO (KOEBERLE) The Easement Deed for a portion of Lot 5, Tract 1269, for the dedication of an additional 2 feet of street right-of-way on Camino Capistrano, duly executed by the grantors, Maurice E. _ and Hazel S. Koeberle, is accepted and the City Clerk authorized to certify acceptance. PUBLIC HEARINGS 1. SAN JUAN CAPI Mayor Byrnes declared the Public Hearing on the San Juan Capistrano General Plan a.id the Environmental Impact Report for the General Plan re-olened. Written communimtions were received from the following: -4- 12/18/74 (1) Barbara Davies, President, Town Hall Association of San Juan Capistrano, Inc., enclosing a petition with approximately 700 signatures. (2) Marjory Payne 25471 Charro Drive (3) George and Dorothy Drummond 25412 Charro Drive (4) John and Susan Maitino 32561 Carreterra Drive (5) Paul T. Salata 4301 Birch Street, Newport Beach (6) August Rudel 25851 Avenida Mariposa (7) Dorothy A. Groesser 30956 Calle San Felipe (8) Dr. Victor Makita No. 3 Maverick Lane, Rolling Hills (9) J. A. Becker, President, Mission Hills Ranch Homeowners Association (10) Justus Gilfillan, 4300 Campus Drive, Newport Beach, representing Mission Hills Ranch, Inc. (11) Warren Sikora, Attorney at law, 888 North Main Street, Santa Ana, representing the Buchheim interests. (12) G. R. Durenberger, President, The San Juan Capistrano Historical Society. (13.) Charles W. Buck 27081 Mission Hills Drive (14) D. C. Folkers 27202-C Calle Caballero (15) George and Frances Watkins 30732 Calle Chueca (16) Charles I. Vermeulen, Shigeru Kinoshita, and C. Russell Cook The following persons addressed the Council: (1) Mrs. Barbara Davies, 29391 Edgewood Road (2) Mr. Al Baumgartner, 26852 Canyon Crest Road (3) Mrs. Marilyn Williams, 29931 Camino Capistrano (4) Mrs. Mary Jane Forster, 31312 Guadalupe (5) Mr. Justus Gilfillan, 4300 Campus Drive, Newport Beach (6) Mr. Dale Heinley, 638 Van Ness Street, Santa Ana (7) Mr. Warren Sikora, 888 North Main Street, Santa Ana (8) Mr. Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach • (9) Mr. Charles Swanner, 106 West Fourth St., Santa Ana (10) Mr. Leo Chade, 31872 Calle Winona (11) Mr. Tony Forster, 31312 Guadalupe -5- 12/18/74 /p Sr u RECESS AND RECONVENE Council recessed at 8:55 P.M. and reconvened at 9:10 P.M. GENERAL PLAN PUBLIC HEARING (CONTINUED) Public testimony continued with Mr. Richard McMechan addressing the Council as representative of David McGauly and Buck Rodgers. Mayor Byrnes declared the Public Hearings closed with the right to re -open at any time. Council received copies of a memorandum dated December 10, 1974, from the Planning Commission forwarding a copy of the November 25, 1974, General Plan Critique Report incorporating Planning Commission recommendations with regard to items referred to the Commission by the City Council on December 3 and 4, 1974. Council also received copies of a report dated December 18, 1974, from the Director of Planning forwarding the General Plan Report from the planning Commission. Land Use Element - Neighborhood Convenience Center: Council discussed the amount of land area to be allocated to the neighborhood convenience center designation. It was moved by Councilman Sweeney that the neighborhood convenience center be allocated a land area of approximately 6 to approximately 10 acres. There was no second to the motion. It was moved by Councilman Heckscher and seconded by Mayor Byrnes that the neighborhood convenience center be allocated a land area of approximately 4 to approximately 8 acres. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: None ABSTAIN: Councilman Weathers ABSENT: None Land Use Element - Agriculture: The Planning Director presented an oral report of the possible use of an agricultural overlay in the General Plan.. It was moved by Councilman Sweeney and seconded by Councilman Nash to designate base uses on the Composite Land Use Map with an overlay representing potential permanent agricultural land; amend the text to the effect that until January 1, 1976, the agricultural overlay shall be effective and that only agricultural uses (or related uses) would be deemed consistent with the General Plan. After that date, if no action has been taken by the City in the form of a General Plan Amendment to remove the base land use designations, the over- lay shall become void and any proposals deemed consistent with the base designations shall be deemed consistent with the General Plan. Direction was given to staff that a study is to be initiated for determining the ways in which agriculture can be made viable in the Capistrano Valley within the boundaries of the City. It was moved by Councilman Heckscher and seconded by Councilman Nash to amend the above motion to read that the agricultural over- lay shall be effective until June 30, 1976. The motion failed by the following vote: AYES: 11 Councilman Heckscher NOES: Councilmen Sweeney, Nash, Weathers and Mayor Byrnes ABSENT: None The vote on the primary motion was unanimous. 12/18/74 Open Space - Hazard Areas: It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to accept the Composite Land Use Map as approved by the Planning Commission (with the addition of the open space area in the Mission Hills Ranch); however, modify the text to allow a population credit of 1 unit per acre on all areas designated as 2.0 open space, except floodplains.(FP-1 zones). Circulation Element: It was moved by Councilman Nash and seconded by Councilman Heckscher that Camino Capistrano not be widened to four lanes north of Junipero Serra and to set as a policy that, until usage or other clear proof demonstrates the need, no highway should be built more than two lanes wide. The motion failed by the following vote: AYES: Councilmen Nash and Heckscher NOES: Councilmen Sweeney, Weathers and Mayor Byrnes ABSENT: None It was moved by Councilman Heckscher and seconded by Councilman Nash that the existing Camino Capistrano north of Junipero Serra be designated as a two-lane highway. The motion carried by the following vote: AYES: Councilmen Nash, Heckscher and Mayor Byrnes NOES: Councilmen Sweeney and Weathers ABSENT: None Composite Land Use Map: It was moved by Councilman Heckscher and seconded by Councilman Sweeney that the Rodgers and McGauly property be increased to an intensity of two units per acre rather than one unit per acre. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers and Heckscher NOES: Councilman Nash and Mayor Byrnes ABSENT: None Acceptance of General Plan Report: It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to accept the General Plan Report from the Planning Commission, as modified. Environmental Impact Report: Council revi-ew-e-T the Environmental Impact Report and noted the following: (1) That in the report "Discussion of the EIR" there had been no discussion pertaining to the issue of agriculture; and, (2) Item 8 on Page 6 did not reflect the change in format of the General Plan. The Council then accepted the final Environmental Impact Report incorporating the above comments. Adoption of the General Plan: RESOLUTION NO. 74-12-18-5: ADOPTING THE GENERAL PLAN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RELATIVE TO THE ADOPTION OF THE GENERAL PLAN It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that Resolution No. 74-12-18-5 be adopted. The Resolution adopts the Environmental Impact Report prepared for the General Plan, the General Plan, background materials for each Element of the General Plan, and the Composite General Plan Map. -7- 12/18/74 2RECESS AND RECONVENE Council recessed at 11:45 P.M. and reconvened at 11:58 P.M. SUBDIVISIONS AND ANNEXATIONS 1. WESTPORT TRACT 7252 (LAS BRISAS) RELEASE OF BUILDING PERMITS It was moved by Councilman Weathers, seconded by Councilman Sweeney to release the building permits for Tract 7252, but not to indicate the City's acceptance of the landscaping at this time. The Director of Planning advised Council that at their meeting of December 17, 1974, the Planning Commission' had recommended that building permits not be issued until such time as the City is completely satisfied with the slope landscaping. Mr. Weathers withdrew the motion. It was moved by Councilman Heckscher and seconded by Councilman Nash that this matter be continued to the next mebting of the City Council. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash and Heckscher NOES: Councilman Weathers and Mayor Byrnes ABSENT: None Mr. Bill Hollsworth, Attorney representing Westport Homebuilders, addressed the Council to request release of the building permits. 2. WESTPORT TRACT 7252 - RELOCATION OF MODEL HOMES The Director of Planning advised that Westport Homebuilders. desires to proceed with the relocation of four model homes that are now a part of the design center on Camino Capistrano to sites within Tract 7252, 11 1 It was moved by Councilman Weathers, seconded by Mayor Byrnes and unanimously carried to allow Westport Homebuilders to move four existing units from the design center to locations within Tract 7252. INTERIM CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES 1. STAFF REPORT Council received copies of the Staff Report for November, 1974, for the Department of Administrative Services,for information. DIRECTOR OF PLANNING 1. STAFF REPORT Council received copies of the Staff Report for November, 1974, from the Director of Planning, for information. 2. TREES - POLICY FOR REMOVAL ON PUBLIC PROPERTIES After discussion, it was the consensus of the Council that this item be held over for further consideration at the next Council meeting. 3. ZONING - LAND USE MANAGEMENT CODE - TABLE OF CONTENTS Council`received copies of the proposed Land Use Management Code Table of Contents for information. The Code will incorporate zoning and subdivision regulations. Councilman Nash suggested the inclusion of a boundary zone ordinance and a dust ordinance. 12/18/74 DIRECTOR OF PUBLIC WORKS/CITY ENGINEER STAFF REPORTS W , J Council received copies of the Staff Reports for the month of November, 1974, from the engineering, maintenance and pollution control divisions of the Public Works Department, for information. CITY CLERK 1. REQUEST TO SOLICIT - CALENDAR YEAR 1975 (CEDU FOUNDATION) Council received copies of a letter dated November 26, 1974, from CEDU Foundation, Inc., a drug rehabilitation school, requesting permission to solicit for funds within the City during calendar year 1975. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to respectfully decline to approve the request for a one-year solicitation permit, but did authorize approval of a solicitation permit for a one-month period of time during 1975. PLANNING COMMISSION 1. REPORT OF PLANNING COMMISSION ACTIONS Council received copies of the report of actions taken by the Planning Commission at their regular meeting of December 3, 1974, for information. 2. ORANGE COUNTY 1975 GENERAL PLAN AMENDMENT (PROPOSED) Council received copies of a report dated December 18, 1974, from the Director of Planning forwarding the recommendation of the Planning Commission with regard to the proposed Orange County 1975 General Plan Amendment. It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried to direct the Interim City Manager to communicate to the Board of Supervisors and the Orange County Planning Commission that the City of San Juan Capistrano desires to join with them in a joint planning effort for the adopted partial sphere of influence on the west side of the City, and that this planning effort would culminate in the preparation of a General Plan Amendment to the Orange County General Plan in the year 1975. The proposed amendment would include the ridgeline of the Bear Brand Ranch property and all property in the approved partial sphere of influence on the west side of the City. ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT - REPRESENTATIVE It was moved by Councilman Sweeney, and unanimously carried that Jarold City's representative to the Orange . District for the next two-year term 1976. APPROVAL OF WARRANTS seconded by Councilman Weathers B. Cole be re -appointed as the County Mosquito Abatement of office ending December 31, It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to approve the List of Demands dated December 18, 1974, Warrants Nos. 4397 through 4487 inclusive; the release of Warrant No. 0140 and No. 0141 on the 1911 Act Account is contingent upon the Director of Administrative Services obtaining the verbal consent of at least three members of the City Council that said Warrants be released. Councilman Heckscher requested that Council receive a display showing how the Engineering Services Account grows over the month. -9- 12/18/74 ?3 RECESS AND RECONVENE Council recessed to Executive Session at 12:45 A.M., December 19, 1974, and reconvened at 1:30 A.M. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 1:30 A.M., December 19, 1974, to the next meeting date of Thursday, January 2, 1975, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, <-72 2e-'( 4,�vl _ MARY ANN HANOVER, CITY CLERK b APPROVED: —10- 12/18/74