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75-0305_CC_Minutes_Regular Meeting1. 321 MARCH 5, 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 7:15 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 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; George Madsen, Sr. Project Engineer; David J. Smith, Director of Planning; James Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Regular Meeting of February 19, 1975, be approved as submitted. 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. BIDS, CONTRACTS, AGREEMENTS 1. AGREEMENT FOR PUBLIC IMPROVEMENTS DOL 72-110 SMYTH BROS. VETA COMPANY Council received copies of a memorandum from the City Engineer's. office dated March 5, 1975, forwarding an agreement between the City and Veta Company for the dedication of streets and easements in conjunction with Division of Land 72-110. It was moved by Councilman Weathers; seconded by Councilman Sweeney to accept the bonds, approve the Agreement, and authorize the Mayor to sign on behalf of the City and the City Clerk to attest thereto. There was no vote on the matter. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that the matter be tabled since some copies of the Agreement are not legible. 2. STREET IMPROVEMENTS - NOTICE OF COMPLETION OF DON JUAN AVENUE RESOLUTION NO. 75-3-5-1: COMPLETION OF DON JUAN AVENUE RESOLUTION OF THE CITY COUNCIL OF THE CITY O97N—JTKN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE RECONSTRUCTION OF DON JUAN AVENUE It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that Resolution No. 75-3-5-1 be adopted. The Resolution determines that the work has been completed in accordance with the contract documents in the total sum of $11,043.39, declares the work to be accepted, and directs that -1- 3/5/75 22 a Notice of Completion be filed with the County Recorder within ten (10) days of acceptance. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to direct staff to make pay- ment in the amount of $1,104.34 to the Griffith Company upon expiration of 35 days from the date of the filing of the Notice of Completion. RESOLUTIONS 1. RESOLUTION NO. 75-3-5-2: ORANGE COUNTY HEALTH PLANNING COUNCIL A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE CONTINUATION OF THE ORANGE COUNTY HEALTH PLANNING COUNCIL AND ITS DESIGNATION AS HEALTH SYSTEMS AGENCY It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that Resolution No. 75-3-5-2 be adopted. The Resolution supports the continuation of the Orange County Health Planning Council and its designation as the "health systems agency" pursuant to the National Health Planning and Resource Development Act of 1974. Mr. Stan Matek, Director of the Health Planning Council,was present. PUBLIC HEARINGS 1. VACATION OF A PORTION OF LA ZANJA STREET AND THE ALLEY EXTENSION Notice having been given as required by law, Mayor Byrnes declared the Public Hearing open on the proposed vacation of La Zanja Street from Guadalupe Street to Ysidora Street and the alley extension from Ysidora Street to Andres Pico Road. A written protest was received from E. A. Nydegger, 31382 Don Juan Avenue. A protest signed by Blanche E.Nydegger, E.A. Nydegger, Dolores Dellinger, and Ina Wiegand was also received. Mayor Byrnes inquired if anyone wished to address the Council regarding this matter. Fran Frost, 31301 Paseo Nogal, and Mary Jane Forster, 31312 Guadalupe Street, spoke in favor of the proposed vacation, and Mr. Isch addressed the Council. Bill Bagley and Mrs. Nydegger spoke in opposition. There being no one else wishing to address the Council on this matter, Mayor Byrnes declared the Publib Hearing closed with the right to re -open at any time. RESOLUTION NO. 75-3-5-3: VACATION OF PORTION OF LA ZANJA STREET RESOLUTION OF THE CITX COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING VACATION OF A PORTION OF LA ZANJA STREET AND THE ALLEY EXTENSION It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried that Resolution No. 75-3-5-3,- incorporating 5-3-5-3, incorporating the City Attorney's corrections, be adopted. 2. PROPOSED AMENDMENT TO EMPLOYEE CLASSIFICATION PLAN - DDITION OF. POSITION OF RECREATION COORDINATOR CONTINUATION Notice having been given as required by law, Mayor Byrnes . declared the Public Hearing on the proposed amendment to the Employee Classification Flan re -opened and inquired if anyone in the audience wished to address the Council regarding the addition of the position of Recreation Coordinator. Mrs. Barbara Davies, 29391 Edgewood Road, addressed the Council in favor of creating this position. 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. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that this matter, which was tabled at the Council meeting of February 19, 1975, be returned to the table. Councilman Sweeney stated that in his -2- 3/5/75 0c opinion the City had not found and determined the need for a !' 4 e - Recreation Coordinator, as set forth in the proposed Resolution. It was moved by Mayor Byrnes and seconded by Councilman Heekscher that the proposed Resolution establishing the position of Recreation Coordinator be amended to state Salary Range No. 25 ($991.00 - $1207.00), rather than Range No. 26.5. The motion carried by the following vote: AYES: Councilmen Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSTAIN: Councilman Sweeney ABSENT: None RESOLUTION NO. 75-3-5-4: RECREATION COORDINATOR 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 Mayor Byrnes; seconded by Councilman Heckscher that Resolution No. 75-3-5-4 be adopted. The motion carried by the following vote: AYES: Councilmen Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSTAIN: Councilman Sweeney ABSENT None Mayor Byrnes advised that it is the intention of the Council to monitor this position very closely. ORAL COMMUNICATIONS .. 1. EL NIDO ESTATES MOBILE HOME PARK, LUP 68-109 Mr. Jefferson Brown, representing Manufacturers Bank in the E1 Nido matter, addressed the Council. The matter will be heard later in the Agenda. RECESS AND RECONVENE Council recessed to Executive Session at 8:47 P.M. and reconvened at 9:30 P.M. STREET TREES - GIFT TO THE CITY (SAN JUAN BEAUTIFUL) Mayor Byrnes announced that the City had received a check in the sum of $800, as partial payment for the 200 trees to be planted in the City,from San Juan Beautiful. The planting will be in conjunction with the celebration of the nation's bicentennial. The Council expressed their appreciation to San Juan Beautiful. CLAIMS AGAINST THE CITY - STANDARD -PACIFIC CORPORATION, TRACT 8485 It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to endorse the retention of the firm of Rutan & Tucker to represent the City in the matter of Standard - Pacific Corporation vs. City of San Juan Capistrano. The suit is in connection with Tract 8485 which fronts the Ortega Highway. ADMINISTRATIVE ITEMS CITY ATTORNEY 1. DOOR-TO-DOOR SOLICITATION I•t was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried that staff be directed to -3- 3/5/75 prepare an appropriato amendmont to Ordinance No. 171- that 71that would incorporate those points set forth in the City 24 Attorney's memorandum of March 5, 1975, regarding door-to-door solicitation. The items include prior consent of the occupant, definite hours of solicitation, administrative revocation. CITY CLERK 1. REQUEST TO SOLICIT FOR FUNDS, CEDU FOUNDATION Council received copies of a memorandum from the City Clerk dated March 5, 1975, forwarding an application from the CEDU Foundation of Running Springs, California, for permission to solicit for funds within the City from March 30th through June 30, 1975. Council had approved a one-month permit at their meeting of December 18, 1974, contingent upon receipt of a completed application form. It was moved by Councilman Nash, seconded by'Councilman Sweeney and unanimously carried that this request be denied since the previous approval for a one-month solicitation permit was ignored. DIRECTOR OF PLANNING 1. APPEAL OF PLANNING COMMISSION ACTION, LUP 74-1 (OLSEN, ET AL. Council received copies of a report dated March 5, 1975, from the Director of Planning regarding the appeal of Roland Olsen in connection with LUP 74-1. Mr. Olsen is appealing the action taken by the Planning Commission on January 21, 1975, in determining that there is no validity to the concept plans, as interpreted by the applicant, and that the action with regard to the Land Use Permit was for determining the range of permitted uses and broad development parameters only; and, that the applicant should submit concept plans to the Archi- tectural Board of Review, and the Architectural Board of Review shall view them without being prejudiced by any previously discussed concepts. Mr. Olsen addressed the Council. During discussion controversy arose relative to conditions of approval which required an offer of dedication for a public street. The Mayor informed the applicant that the conditions of approval were not under appeal and that the applicant may ask for reconsideration of the conditions by the Planning Commission through another action. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that the appeal be denied. 2. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD JUNIPERO SERRA VILLAGE At the request of the applicant through the Director of Planning, this item was continued to April 2, 1975. 3. EL NIDO ESTATES MOBILE HOME PARK, LUP 68-109 Council received copies of a report dated March 5, 1975, from the Director of Planning regarding the status of LUP 68-109, the E1 Nido Estates Mobile Home Park, and forwarding back- ground material and conditions for approval. Mr. W.Z. Jefferson Brown addressed the Council and stated that he has been authorized by Manufacturers Bank to state that they will adhere to the additional conditions for approval as set forth in the staff report. Mr. Price Scott, Vice President of Manufacturers Bank,addressed the Council and stated that the Bank would wish to divest itself of the mobile home park as soon as possible, since the Bank is not in the business of operating mobile home parks. Council questioned the propriety of the list of architectural specifications, and especially Item No. 8 which states that an Architectural Review Board will pass upon all mobilehomes, awnings, carports,skirting and steps unless it is obvious to Management that these items meet E1 Nido standards. Mr. Brown stated that the Bank would be willing to strike No. 8 from the standards. Council noted that the architectural specifications were referredto as "Exhibit A" but were not so marked. -4- 3/5/75 32` It was moved by Councilman Weathers and seconded by Councilman Sweeney that a finding be made that substantial construction for LUP 68-109 has commenced and that it has been diligently prosecuted up to this point; and, that with the concurrence of the applicant, the following conditions are added to LUP 68-109: 1. That architectural specifications for E1 Nido Mobile Home Park, as contained in Exhibit "A" attached, shall be adhered to on all units; 2. That the "as built" grading plan shall be approved by the Planning Commission prior to "finaling" of the grading permit; 3. That detailed irrigation and landscaping plans shall be approved by the Planning Commission prior to the move -on of any mobile home units. The motion failed by the following vote: AYES: Councilmen Weathers and Sweeney NOES: Councilmen Nash, Heckscher and Mayor Byrnes ABSENT: None Mr, Lou Center addressed the Council to suggest'that the vote be reconsidered. (This matter was reconsidered later on the Agenda.) DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. CONSTRUCTION OF BIKE TRAILS ^ COUNTY FLOOD CONTROL DISTRICT PERMIT FOR TRABUCO AND SAN JUAN CREEKS Council received copies of a memorandum dated March 5, 1975, from the City Engineer's Office forwarding copies of Orange County Flood Control District Permit Application No. 05674 for permission to construct, maintain, operate and patrol a bicycle trail within the District's rights-of-way for San Juan Creek Channel and Trabuco Creek Channel, as shown on City plans numbered "SJC 7444, dated October, 1974." It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to approve Flood Control Permit Application No, 05674 and to authorize the Public Works Director to sign the application on behalf of the City. 2. FIESTA DE LAS GOLONDRINAS - SAN JUAN CAPISTRANO FIESTA ASSOC. Council received copies of a brochure outlining the schedule for the Seventeenth Annual Fiesta de las Golondrinas'from March 17 through March 23, 1975, sponsored by the San Juan Capistrano Fiesta Association, The annual parade is scheduled for Saturday, March 22nd. 3, EMERGENCY PREPAREDNESS PROGRAM Council received copies of a memorandum dated March 5, 1975, from the Director of Public Worksregarding the status of the City's Emergency Preparedness Plan for information, The Plan will be submitted to the Council at the meeting of June 4, 1975. 4, PRIMA DESHECHA DISPOSAL SITE ACCESS.REPORT Council received copies of a memorandum dated March 5, 1975, from the Director of Public Works regarding meetings held with County and City representatives to review alternate alignments -5- 3/5/75 5 to the La Novia access for the Prima Deshecha Disposal Site and the possibility of scheduling a presentation by the County on the basic alignments that are being studied for the La Novia access. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to direct staff to cooperate with the Orange County Road Department in preparation for a joint meeting with the City Council to be held on Monday, March 10, 1975, in the City Council Chamber. DEL OBISPO BRIDGE PROGRESS REPORT Council received copies of a memorandum dated March 5, 1975, from the Director of Public Works regarding the construction plans for the Del.Obispo Bridge for information. Construction is expected to commence May 1, 1975. The construction detail plans have been approved by the Public Works Director. PARKS AND RECREATION COMMISSION 1. RESOLUTION NO. 75-3-5-5: CRITERIA FOR NAMING PUBLIC PARKS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN iuAN CAPISTRANO, CALIFORNIA, ADOPTING CERTAIN POLICY, OBJECTIVE AND PRINCIPLES, AS A GUIDE FOR THE NAMING OF PUBLIC PARKS AND RECREATION FACILITIES It was moved by Councilman Heckscher and unanimously No. 75-3-5-5 be adopted. PLANNING COMMISSION Weathers, seconded by Councilman carried that Resolution 1. REPORT OF PLANNING COMMISSION ACTIONS Council received copies of the report dated March 5, 1975, of actions taken by the Planning Commission at their regular meeting of February 18, 1975. Council questioned the Commission's action in approving modifications to the McDonald's Restaurant signs. The report was received and filed. AIRPORT COMMITTEE There was no report received on this item. TRAFFIC AND TRANSPORTATION COMMITTEE 1. CROSSWALK - CAMINO CAPISTRANO SOUTH OF LA ZANJA STREET Council received copies of a memorandum dated March 5, 1975, from the Director of Public Works forwarding Traffic and Transportation Committee recommendations regarding the crosswalk installed on Camino Capistrano south of La Zanja Street in November, 1974. Mr. Ted Kopp, Mrs. Bonita Wilson, and Mr. Richard McMechan addressed the Council. It was moved by Councilman Weathers and seconded by Councilman Heckscher that the crosswalk located on Camino Capistrano 400 feet south of La Zanja Street be removed, as recommended by the Traffic and Transportation Committee. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers and Heckscher NOES: Councilman Nash and Mayor Byrnes ABSENT: None I.t was moved by Councilman Heckscher, seconded by Councilman -6- 3/5/75 327 Nash and unanimously carried to locate a crosswalk on Camino Capistrano 70 feet southerly of the crosswalk voted for removal. Mayor Byrnes advised staff that when recommendations are forthcoming from committees, Council should be apprised of the committee vote. Council directed staff to submit safety measures for the protection of school children using the sidewalk. COUNCIL REMARKS 1. JUNIPERO SERRA PARK - DOG PROBLEM Councilman Nash requested that staff report to Council with suggestions for minimizing the problem of dog litter in the play areas of Junipero Serra Park. 2. AGRICULTURAL STEERING COMMITTEE At the request of Councilman Nash, Mayor Byrnes reported that the Agricultural Steering Committee had met and held an orienta- tion meeting and an organization meeting and that Ted Crossman had been named as Chairman. The Committee is currently inter- viewing consultants for the purpose of providing the agricultural study. 3. EL NIDO ESTATES MOBILE HOME PARK. LUP 68-109 It was moved by Mayor Byrnes; seconded by Councilman Sweeney that Council reconsider the request of Manufacturers Bank that the Council find that construction for LUP 68-109 has commenced and been diligently prosecuted. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers and Mayor Byrnes NOES: Councilmen Nash and Heckscher ABSENT: None It was moved by Councilman Weathers to approve the staff recommendation as set forth -in the motion at the top of Page 5 of these Minutes. There was no second to the motion. It' was the consensus of the Council to direct the Director of Planning to provide documentation to the staff report and to inform the applicant that possible alternative uses for the property should be presented. 4. RESOLUTION NO. 75-3-5-6: COUNCIL MEETINGS A RESOLUTION OF THE CITY COUNCIL OF E CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING TIME LIMIT FOR MEETINGS It was moved by Councilman Weathers and seconded by Mayor Byrnes that. Resolution No. 75-3-5-6 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers and Mayor Byrnes NOES: Councilmen Nash and Heckscher ABSENT: None The Resolution provides that City Council meetings shall adjourn no later than 11:00 P.M. and that any and all agenda matters, including executive and personnel matters, not considered by 11:00 P.M. shall be considered at a meeting to be held on the succeeding Wednesday at 7:00 P.M. -7- 3/5/75 APPROVAL OF {'WARRANTS It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to approve the List of Demands dated March 5, 1975, Warrants Nos. 4716 through 4813, inclusive, and Warrants Nos. 0150 and 0151 on the 1911 Act Account, in the total amount of $138,157.28. ADJOURNMENT There being no further business before the Council., the meeting was adjourned at 1:22 A.M., March 6,1975, to the next meeting date of Monday, March 10, 1975, at 7:00 P.M. in the City Council Chamber for a presentation regarding the proposed La Novia access route to the Prima Deshecha Disposal Site. Respectfully submitted, APPROVED: -8- 3/5/75