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75-0219_CC_Minutes_Regular Meeting31 FEBRUARY 19, 1975 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 7:05 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Ray Woodside. ROLL CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor James K. Weathers, Mayor pro tem. Councilman Yvon 0. Heckscher Councilman Douglas B. Nash Councilman John B.•Sweeney' COUNCILMEN ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Administrative Services; William Murphy, Public Works Director/City Engineer; Jack Raines, Engineering Consultant; David J. Smith, Director of Planning; James Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that the Minutes of the Adjourned Regular Council Meeting of January 29, 1975, be approved with the addition of the following sentence at the bottom of page 1: "Councilman Heckscher requested that staff investigate the possibility of the use of CETA funds for this position." It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that the Minutes of the Regular Council Meeting of February 5; 1975, be approved with the following amendment to the last paragraph of Page 5 under the item entitled "S.E.R.R.A. Project Committee No. 5 ," Change the wording from .clean the litter from Del Obispo Street. . ." to , clean the litter of stored material from their property along Del Obispo Street. . ." MOTION TO READ BY TITLE ONLY It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried that all ordinances and resolutions be read by title only. AMERICAN REVOLUTION BICENTENNIAL ADMINISTRATION - PRESENTATION OF CERTIFICATE OF OFFICIAL RECOGNITION AND BICENTENNIAL FLAG Mayor Byrnes introduced Mr. Samuel Coffey, Regional Deputy Director of the American Revolution Bicentennial Administration, representa- tive of Mr. John W. Warner, Administrator of the American Bicentennial Celebration. Mr. Coffey addressed the Council and commended the City for its proposed programs for celebrating the Bicentennial in 1976. He then presented the Bicentennial Flag and the Certificate of Official Recognition of the City as a Bicentennial Community to Mayor Byrnes and Mrs. Muriel Surles, Chairman of the City's Bicentennial Committee. AGRICULTURAL PRESERVATION - SPECIAL PRESENTATION - Councilman Henry Quigley of the City of_Irvine addressed the Council regarding his "Conceptual Program for Preserving Agricultural Open Space" and presented a printed copy of his report. His proposed method of preserving agricultural open space is a program that would give permanent tax relief to land that local government -1- 2/19/75 e agencies decide should remain in permanent agricultural use. Discussion followed, and Council thanked Mr. Quigley for making his presentation. BIDS. CONTRACTS. AGREEMENTS AWARD OF BID - TILT CAB AND CHASSIS; B00M LOADER - PUBLIC WORK Council received copies of a memorandum dated February 19, 1975, from David B. Smith, Administrative Assistant, regarding the bids received for a tilt cab and chassis and hydraulic boom loader, as authorized in the 1974-75 fiscal budget. Councilman Heckscher questioned the direct need for this equipment and the intended frequency of use. It was moved by Councilman Nash; seconded by Councilman Weathers to accept the qualifying combined bid in the total amount of $18,979.04 from Tom Stamp Ford and Peabody -Galion for one (1) tilt -cab & chassis and one (1) hydraulic boom loader, and to reject all other bids. The motion carried by the following vote: AYES: Councilmen Sweeney, Feathers, Nash and Mayor Byrnes NOES: Councilman Heckscher ABSENT: None 2. AGREEMENT - STORM DRAIN RIGHT-OF-WAY DOL 72-110, MYTH BROS. (VETACOMP Y Council received copies of a memorandum from the City Engineer's Office dated February 19, 1975, forwarding an agreement between the City and VETA Company for acquisition of a storm drain right-of-way to San Juan Creek in conjunction with DOL 72-110. The City Attorney recommended that the word "stipulated" be inserted before the word "judgment" in line 3 of page 2 of the Agreement. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to approve the drainage right-of-way Agreement with the VETA Company, as amended, and to authorize the Mayor to execute the Agreement on behalf of the City. RESOLUTIONS 1. RESOLUTION NO. 75-2-19-1: COMMENDING CICLISTAS CAPISTRANO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF S JU CAPISTRANO, CALIFORNIA It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that Resolution No. 75-2-19-1 be adopted. The Resolution commends the Ciclistas Capistrano for their services to the community as an athletic, social, and service organization. Mr. Mike Baker, President of the organization, and Mr. Bob Potter, team coach, addressed the Council, Councilman Weathers suggested that the City should also promote bicycle safety, CONSENT ITEMS It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried to accept the staff recommendations with regard to the following matters: -2- 2/19/75 314 1. PROCLAMATION - EASTER SEAL MONTH, MARCH, 1975 The request of the Rehabilitation Institute of Orange County that the month of March, 1975, be proclaimed as "Easter Seal Month" in the City is approved. 2. RED CROSS MONTH - MARCH, 1975 The request of the Orange County Chapter of the American National Red Cross that the month of March, i975, be designated as Red Cross Month in the City is approved.. 3. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES Council received and filed the City Treasurer's Report of 1911 Act delinquent bonds as of February 10, 1975. PUBLIC HEARINGS 1. PROPOSED AMENDMENT TO EMPLOYEE CLASSIFICATION PLAN - AD DITION OF POSITION OF RECREATION COORDIN TOR Notice having been given as required by law, Mayor Byrnes declared the Public Hearing on the proposed amendment to the Employee Classification Plan open and inquired if anyone in the audience wished to address the Council in favor of or in opposition to the addition of the position of Recreation Coordinator. Mr. Ed Chermak, 32231 Los Amigos, addressed the Council in opposition to the creation of this position and the salary range designated thereto. He listed the recreation facilities which are currently available in the area. Mr. Al Arps, 32802 Valle Road, Space 95, addressed the Council and inquired if it were the intent of the City to create a Recreation Department. Mayor Byrnes advised that the Recreation Coordinator would function under the Department of the City Manager. 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. Mrs. Minnie Surles, Chairman of the Parks & Recreation Commission, addressed the Council and discussion followed, with Councilman Sweeney re -iterating his previous opposition to the proposal. The matter was continued later on the Agenda. PERSONNEL - INTRODUCTION OF CITY MANAGER JAMES S. MOCALIS Mayor Byrnes introduced Mr. James S. Mocalis, who commenced his employment as City Manager effective February 16, 1975. RECESS AND RECONVENE Council recessed at 9:00 P.M. and reconvened at 9:15 P.M. PROPOSED ADDITION OF POSITION OF RECREATION COORDINATOR (CONTINUED) It was moved by Councilman Weathers; seconded by Councilman Nash that the following Resolution be adopted: RECREATION COORDINATOR - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN OF THE PERSONNEL RULES It was moved by Councilman Heckscher; seconded by Councilman Sweeney that the motion be tabled. The motion carried by the following vote: -3- 2/19/75 315 AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: Councilman weathers ABSENT: None Mayor Byrnes declared the Public Hearing continued to the next regular Council Meeting of Wednesday, March 5, 1975, at 7:00 P.M. in the Council Chamber. ORAL COMMUNICATIONS 1. PROPOSED COMMUNITY CENTER Mrs. Marilyn Williams addressed the Council regarding the method of obtaining approval of the citizens of the City should a redevelopment agency be formed to finance the proposed community center. Mrs. Dolly Olivares addressed the Council regarding the fact that presentations of only one proposed community site had been made to residents. She requested that the record reflect that she cannot and will not sell or lease her property to the City. 2, APPEAL OF PLANNING COMMISSION ACTION, LUP 74-1. DANERI TRACT Mr. Roland Olsen addressed the Council to appeal the action of the Planning Commission with regard LUP 74-1, the Daneri Tract. Council directed that this matter be placed on the Agenda for the next regular meeting scheduled for March 5, 1975. INTERIM CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES 1, STAFF REPORT Council received copies of the Staff Report dated February 19, 1975, for the Department of Administrative Services for January, 1975, for information. 2. COMMENDATION FOR SERVICES It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried that Mr. O'Sullivan'be commended for his services as Interim City Manager since October, 1974. Council thanked him -for a job well done.. 3. SIGNS - CITY HALL Council received copies of a memorandum dated February 19, 1975, from the Director of Administrative Services regarding the need for directional and identification signs for City Hall. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to refer this matter to the Planning Commission for recommendation back to Council. 4. PEPPER TREE AT SAN JUAN SCHOOL The Director of Administrative Services presented an oral report on the status of the Spring Street pepper tree located on School District property at San Juan School. Two large branches have recently fallen from the tree and experts advise that the tree will require cabling as a means of support. Mr. O'Sullivan requested authorization from the Council to look into the matter further and, if necessary, to allocate an amount not to exceed $2,000 to save the tree. Financial assistance will be requested from the School District. Mr. Bob Potter, tree specialist, addressed the Council. He -4- 2/19/75 estimates that the tree is between 250 and 350 years old. Mr. Potter estimates that the heavy pruning and trimming of the tree, interior cabling of the trunk and limbs, and complete sealing of the hollowed -out main trunk can be accomplished for the total amount of $974'. His estimate for cutting down the tree without removal of the root system is $1500. It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried to authorize the City Manager to spend up to $2,000 in order to have the necessary measures taken to preserve the tree; staff is to secure the concurrence of the majority of the Council of the trimming modification plan before action is taken. A rendition of the tree before and after trimming is to be supplied to Council. CITY CLERK 1. REQUEST FOR PERMISSION TO SOLICIT DOOR-TO-DOOR (HERRING) Council received copies of an application from E.W. Herring, 26472 Evergreen Road, for permission to solicit door-to-door in the City for the purpose of selling home laundry and cleaning products. Ordinance No. 171 provides for Council approval of this activity. Mr. Herring addressed the Council. Mayor Byrnes directed that staff report back to the Council at the next meeting regarding the advisability of revising regulations for door-to-door solicitation, as contained in the business license ordinance. DIRECTOR OF PLANNING STAFF REPORT Council received copies of the Planning Department staff report for the month of January, 1975, for information. 2. BICENTENNIAL TREE PLANTING PROGRAM - SAN JUAN BEAUTIFUL Council received copies of a report dated February 19, 19750 from the Planning Director regarding the implementation of the Bicentennial Tree Planting Program as proposed by San Juan Beautiful in July, 1974. The plan calls for the planting of 200 trees over a 2 -year period. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to accept a $1600 donation from San Juan Beautiful for.their sponsorship of a Bicentennial Tree Planting Program and to direct that the donation be placed into the Capital Improvement Program for the planting of street trees in accordance with the proposal outlined in the staff report. The first increment of the plan will be the planting of ornamental pear and liquidambar trees along Ortega Highway between Camino Capistrano and E1 Camino Real. Council requested that staff reply to San Juan Beautiful and commend the organization on this program. 3. EL NIDO MOBILE HOME PARK - LUP 68-109 Council received copies of a report dated February 19, 1975, from the Director of Planning forwarding a letter dated February 10, 1975, from Manufacturers Bank, 135 East Ninth Street, Los Angeles, advising that they have acquired title to the E1 Nido Mobile Home Park. Mr. Riley Marquist of Church Engineering addressed the Council. Prior to the issuance of building permits, the City Council must review and approve the final grading plan and landscaping plans for the entire project. It was the consensus of the Council that this matter be continued to the next regular Council meeting of March 5, 1975. -5- 2/19/75 31'7 4. REQUEST FOR OFF-SITE SUBDIVISION DIRECTIONAL SIGN - Council received copies of a letter dated February 6, 1975, from Holstein Industries requesting a waiver of the provisions of Ordinance No. 273,which defers the acceptance and processing of off-site subdivision directional signs, on the grounds of extreme hardship. As an alternative, the applicant has requested approval of an on -.site subdivision sign to be located on the tract property. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that the request be denied since a finding of extreme hardship is not justified; the request for an on-site subdivision sign is referred to the Planning Commission for consideration. 5. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 - INTENTION TO PARTICIPATE RESOLUTION NO. 75-2-19-2: HOUSING AND COMMUNITY DEVELOPMENT ACT - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ASSURING THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THAT IT HAS AND WILL CONTINUE TO COMPLY WITH THE PROVISIONS OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 It was moved by Councilman Heckscher and seconded by Councilman Sweeney that Resolution No. 75-2-19-2 be adopted. 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. STAFF REPORTS Council received copies of the staff reports for the month of January, 1975, from the Director of Public Works and Consultant Engineering, Staff Engineering, Public Works Maintenance, and Water Treatment Plant Divisions of the Public Works Department, for information. 2. S.E.R.R.A. - CHANGE OF MEETING TIME The Director of Public Works advised that S.E.R.R.A. will hold its meetings on the second Thursday of the month at 7:00 P.M, in the Council Chamber. The first evening meeting is scheduled for March 13, 1975. 3. STREET IMPROVEMENTS - PROPOSED SCHEDULE FOR CAMINO CAPISTRANO Council received copies of a memorandum dated February 19, 1975, from the City Engineer's Office, forwarding a proposed schedule for the improvement of Camino Capistrano from the San Juan Creek Bridge to -200 feet northerly of Del Obispo Street. The schedule sets forth the necessary steps for, the County AHFP portion of the project, an underground utility district, and a 1911 Act improvement district. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to approve the proposed schedule in concept and to direct staff to continue with the preparation of a preliminary project report. -6- 2/19/75 PARKS AND RECREATION COMMISSION 1. ALTO CAPISTRANO RECREATION FACILITIES Council received copies of a memorandum dated February 19, 1975, from the Director of Public Works regarding recreation facilities in the Alto Capistrano area at the southern portion of the City. Mr. Gary Hausdorfer, President of the Alto Capistrano Iiomeowners' Association, addressed the Council. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to support the recommendation of the Parks and Recreation Commission and adopt a policy that the acquisition of recreational facilities for the _ neighborhood of Alto Capistrano be elevated to equally as high as any other park facilities in the City, to ' direct staff to include recreation facilities in this area in the five-year capital improvement budget, and to authorize a survey of available sites and the preparation of a report showing the utilities of each site and estimated costs. 2. LONG PARK DEVELOPMENT PLANS Council received copies of a staff report dated February 19, 1975, from the Director of Planning regarding plans for the improvement and development of Long Park, including pre- liminary cost estimates. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to approve the preliminary plans for Long Park and to authorize the preparation of bid documents; the proposed spray basin/seating area is included as an optional item. The Parks and Recreation Commission will review the modified spray basin/seating area and contact local service groups for their possible funding of this or another item as the park's "focal point." PLANNING COMMISSION 1. REPORT OF PLANNING COMMISSION.ACTIONS Council received copies of the report dated February 19, 1975, of actions taken by the Planning Commission at their regular meeting of February 4, 1975. RETIREMENT BOARD 1. The report on the City's retirement system will be presented by the Director of Administrative Services at a later date. TRAFFIC - SOUTHEAST ORANGE COUNTY CIRCULATION STUDY STEERING COMMITTEE 1. Councilman Nash provided a report dated February, 1975, prepared by the Steering Committee staff which summarizes the direction, progress, and status of the Circulation Study. The purpose of the Committee is to guide a consultant firm in determining what the -circulation needs will be in the County in the year 2000. Mr. Nash requested that Council members supply him with their comments on the report by Monday, February 24th. TRAFFIC CIRCULATION - ALTO CAPISTRANO AREA Councilmen Heckscher and Weathers reported to Council on meetings held with the developer of the proposed Meredith Hills tract above Alto Capistrano for the purpose of attempting to resolve -7- 2/19/75 319 traffic circulation problems in the area. A solution has been proposed whereby Avenida Calita would be extended in order to relieve the burden of traffic on Via de Agua. There has been no response from the developer. Council reviewed alternatives and maps of the area. COUNCIL REMARKS 1. CAPISTRANO UNIFIED SCHOOL DISTRI Councilman Sweeney noted that there is a possibility that the Capistrano Unified School District Headquarters will be moved to the Inca Plant in the industrial park section of the City. The Planning Director advised that the CUSD has requested that the Planning Commission make a determination as to the conformity of the use to the General Plan. 2. PRIMA DESHECHA DISPOSAL SITE Mayor Byrnes noted that a meeting is scheduled in the offices of the Orange County Road Department at 2:00 P.M. on February 25th. WARRANTS It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried to approve the List of Demands dated February 19, 1975, Warrants Nos. 4658 through 4715, inclusive, and Warrant No. 0149 on the 1911 Act Account, in the total amount of $13,137.21. RECESS AND RECONVENE Council recessed to Executive Session at 12:15 P.M. and reconvened at 1:08 A.M., February 20, 1975. MEREDITH HILLS DEVELOPMENT, TRACTS 8087 & 8319 It was moved by Councilman Heckscher; seconded by Councilman Sweeney to authorize the issuance of four building permits for model homes and twenty building permits for the first stage of construction. Mr. Heckscher then withdrew the motion with the consent of the second. It was moved by Councilman Heckscher that permits for only the four model homes be issued. The motion died for lack, of a second. It was moved by Councilman Heckscher and seconded by Mayor Byrnes that four building permits be issued for the model homes only. The motion failed by the following vote: AYES: Councilman Heckscher and Mayor Byrnes NOES: Councilmen Sweeney, Weathers and Nash ABSENT: None It was moved by Councilman Nash and seconded by Councilman Heckscher that building permits for four model homes and permits not to exceed twenty-five be issued, all of said permits being for sites at locations other than at the intersection of Avenida Calita and Via de Agua so that the extension of Avenida Calita can still be considered. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSENT: None -8- 2/19/75 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 1:32 A.M., February 20, 1975, to the next regular meeting date of Wednesday, March 5, 1975, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, ?2 MA R O E , I APPROV r L. NES, ., MAYOR -9- 2/19/75