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75-0402_CC_Minutes_Regular MeetingAPRIL 2, 1975 REGULAR MEETING OF TIIE CITY COUNCIL, CITY OF SAN JUAN CAPISTRANO The Regular Meeting of the City Council was called to order by Mayor Weathers at.7:05 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Mr. Ed Stump of the Capistrano Valley Baptist Church. ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor John B. Sweeney, Mayor pro tem Councilman Roy L. Byrnes Councilman Yvon 0. Heckscher Councilman Douglas B. Nash 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. CITY COUNCIL - PRESENTATION OF GAVEL Mayor Weathers presented an engraved gavel to Councilman Roy L. Byrnes in recognition of his services as Mayor of the City from April 23, 1973, to March 19, 1975. MINUTES It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that the Minutes of the Adjourned Regular Meeting of March 10, 1975, be approved as submitted. It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried that the Minutes of the Adjourned Regular Meeting of March 12, 1975, be approved with the addition of the following sentence at the bottom of Page 1: 115. Agricultural Preservation - Councilman Nash." It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried that the Minutes of the Regular Meeting of March 19, 1975, be approved with the following correction to Page 9, Paragraph 4, Weed Abatement: In the first sentence, strike the words "in street right-of-way" and insert the words "on properties" and add the words "as soon as possible" to the end of the sentence. MOTION TO READ BY TITLE ONLY It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that all ordinances and resolutions be read by title only. BIDS CONTRACTS, AGREEMENTS 1. WEED ABATEMENT SPECIFICATIONS This item was ordered held over to the next regular Council meeting since Council did not receive copies of'the specifications. 2. PROPOSED RENTAL OF WORD PROCESSING EQUIPMENT Council received copies of a memorandum dated April 2, 1975, from the Director of Administrative Services, requesting authorization to rent word processing typewriter and dictation equipment for use by the City Manager, City Clerk, Director of Administrative Services, and Director of Public Works. -1- 4/2/75 243 Rental of the equipment at $260 per month was included in the 1974-75 fiscal budget, conditioned upon specific approval by the City Council prior to entering into a rental agreement. Councilman Sweeney questioned the expenditure at this time; Councilman Heckscher suggested that equipment other than IBM may be more reasonable. It was moved by Councilman Byrnes and seconded by Councilman Nash to authorize the rental of word processing equipment for a minimum trial period of six months and to authorize the purchase of the dictating equipment; the Director of Administrative Services is to investigate the costs of comparable equipment manufactured by companies other than IBM. The motion carried by the following vote: AYES: Councilmen Byrnes, Nash, Heckscher and Mayor Weathers NOES: Councilman Sweeney ABSENT: None 3. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 - MENDMENT TO CITY COUNTY COOPERATION GREEM Council received copies of a report dated April 2, 1975, from the Director of Planning forwarding copies of the executed agreement between the City and the County in application for funds under the Housing and Community Development Act of 1974, a proposed amendment to said Agreement, and an explanatory letter from the Orange County Environmental Management Agency. The U.S. Department of Housing and Urban Development requires that the original City/County Agreements be amended to clearly establish that the County is the applicant for community development funds rather than the individual cities. The amendment has been approved by the City Attorney. RESOLUTION NO. 75-4-2-1: HOUSING AND COMMUNITY DEVELOPMENT ACT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JU CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO TRE COOPERATION AGREEMENT BETWEEN THE CITY AND THE COUNTY OF ORANGE It was moved by Councilman Heckscher and seconded by Councilman Sweeney that Resolution No. 75-4-2-1 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Heckscher and Mayor Weathers NOES: Councilman Nash ABSENT: None The Resolution authorizes the Mayor and City Attorney to execute the Amendment to the Cooperation Agreement on behalf of the City. 4. TRABUCO CREEK CHANNEL LANDSCAPING - NOTICE OF COMPLETION Council received copies of a memorandum dated April 2, 1975, from the Director of Public Works regarding the completion of the Trabuco Creek Channel irrigation and planting plan adjacent to Paseo Adelanto from Del Obispo Street to the City offices. The project has been completed according to plans and specifica- tions by R.K. Johnson Lanescaping. Councilman Nash questioned the use of exposed irrigation pipe in standard specifications. RESOLUTION NO. 75-4-2-2: TRABUCO CREEK LANDSCAPING - 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 TRABUCO CREEK CHANNEL IRRIGATION AND PLANTING PLAN -2- 4/2/75 It was moved by Councilman Ueckscher and seconded by Councilman Sweeney that Resolution No. 75-4-2-2 be adopted and that payment be made to R.K. Johnson Landscaping in the amount of $324.20 (10% retention) upon the expiration of thirty-five days from the filing of the Notice of Completion, The Resolution determines that the project has been completed and accepts the work in the total amount of $3,242.00 and directs the City Clerk to file a Notice of Completion with the Orange County Recorder within ten days of the date of acceptance. The motion carried by the following vote: AYES': Councilmen Sweeney, Byrnes, Ileckscher and Mayor Weathers NOES: Councilman Nash ABSENT: None Staff is directed to prepare a proposal for the possible painting of the exposed irrigation pipe or the installation of a low ground cover so that the pipe will be less unsightly. RESOLUTIONS 1, RESOLUTION NO. 75-4-2-3: PRIMA DESHECHA ACCESS ROUTE MITIGATION MEASURES- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JU N C ISTRANO, CALIFORNIA, URGING THE COUNTY OF ORANGE TO CONSIDER MITIGATION MEASURES PERTAINING TO AN ACCESS ROUTE TO PRIMA DESHECHA CANADA It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that Resolution No. 75-4-2-3 be adopted with an amendment to identify impacts that may result from the ultimate alignment of the route and viable mitigation measures. The Resolution urges the County to consider extensive land- scaping, contouring of slopes, and the inclusion of equestrian trails in conjunction with the construction of the La Pata Road access route to the Prima Deshecha disposal site. An independent report is also requested by the Environmental Services Section of the Environmental Management Agency in order to identify impacts and other viable mitigation measures which may be applied to the construction of the access route. 2. RESOLUTION NO. 75-4-2-4: ORTEGA HIGHWAY ACTION PROGRAM RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, URGING STATE, COUNTY, AND LOCAL ACTION TO ACCELERATE IMPROVEMENT TO THE ORTEGA HIGHWAY It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that Resolution No. 75-4-2-4 be adopted. RESOLUTION NO. 75-4-2-5: IN POSTHUMOUS HONOR OF ROBERT C. Mc COLLUM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF S JU N:CAPISTRANO, CALIFORNIA, PAYING TRIBUTE TO THE OUTSTANDINi�'CONTRIBUTIONS MADE BY ROBERT C. Mc COLLUM TO THE CITY OF SAN JUAN CAPISTRANO PRIOR TO HIS UNTIMELY DEATH It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that Resolution No, 75-4-2-5 be adopted, Upon completion of script artwork and framing, the Resolution will be presented to the McCollum family. ORAL COMMUNICATIONS WEED ABATEMENT Mr, Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach, addressed the Council regarding weed abatement in the City adjacent to farmlands, The Director of Public Works will provide Mr. Kinoshita with a copy of the proposed Nuisance Abatement Ordinance, -3- 4/2/75 345 2. PARKS AND RECREATION BROCHURE Air. Roland Olsen, 25952 Ave. Mariposa, addressed the Council regarding the Parks and Recreation informational brochure mailed to residents with their water bills. The City Manager will investigate the veracity of the information in the brochure. CONSENT CALENDAR It was moved by Councilman Byrnes and seconded by Councilgian Sweeney to accept the Consent Calendar items as submitted. There was no vote on the matter. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that, with the exception of the 3/25/75 Report of Planning Commission Actions, the staff recommendations be approved with regard to the following matters: 1. UNDERGROUND IMPROVEMENT AGREEMENT, DOL 74-5 (A.O. STRAUB) The Agreement between the City and A.O. Straub for street improvements and the undergrounding of existing overhead utilities in conjunction with Division of Land 74-5, is approved and the surety bond in the sum of $12,500 accepted. The Agreement has been approved by the City Attorney and the Mayor is authorized to execute the agreement on behalf of the City and the City Clerk to attest thereto. The developer intends to meet the improvement requirements of DOL 74-5 within three years. 2. APPROVAL OF WARRANTS The List of Demands dated April 2, 1975, Warrants Nos. 4881 through 4953, inclusive, in the total amount of $69,202.45, is approved. Councilman Heckscher requested that Council receive a copy of Warrant No. 4946, the appraisal of City -owned assets. 3. CLAIM FOR DAMAGES (WILSON) The letter claim received from James Wilson, 31345 E1 Horno, for damages allegedly sustained to his truck by a fallen tree limb on March 6, 1975, is denied and referred to the City's insurance carrier, Quinlan Insurance, Inc. 4. CAMINO CAPISTRANO IMPROVEMENT DISTRICT - ACCEPTANCE OF EASEMENT DEED UPCHURCH,ET AL.) The Easement Deed from Delbert L. Upchurch, et al, to the City for right-of-way for street and highway purposes, duly executed by the grantors is accepted and the City Clerk authorized to certify acceptance thereof. The deed completes the dedication of right-of-way for the Camino Capistrano improvement district. REPORT OF PLANNING COMMISSION ACTIONS Council received copies of the Report of actions taken by the Planning Commission at their meetings of March 18 and 25, 1975. It was moved by Councilman Nash and seconded by Councilman Heckscher that the action taken by the Planning Commission on March 25, 1975, which allows the flying of the national ensign at Captain's Hill, be rescinded. The City Attorney recommended that any items the Council wishes to reconsider be placed on a succeeding Council Agenda for discussion at that time. It was moved by Councilman Nash, seconded by Councilman.Heckscher and unanimously carried that the previous motion to rescind the Planning Commission action be withdrawn and that the matter be placed on the Council -4- 4/2/75 L Agenda of April 16, 1.975, as an appeal and the developer, holstein Industries, so notified, Mayor Weathers suggested that procedures be updated for Council reconsideration of Planning Commission actions, CITY MANAGER 1. DIAL YOUR MAYOR PROGRAM Council received copies of a memorandum dated April 2, 1975, from the City Manager regarding the "Hot Line to the Mayor" program. The telephone and recording equipment was authorized in August of 1974 with the condition that the program be reconsidered in six months. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the program be continued and that the equipment be transferred to Mayor Weather's residence. Staff is to investigate the feasibility of purchasing the equipment. Mayor Weathers requested that local newspapers list "Mayor Hotline" numbers in the community activities calendars. 2. ANNEXATION POLICIES Council received copies of a memorandum dated April 2, 1975, from the City Manager regarding a proposed Resolution to adopt City annexation policies, and the City Attorney read the title of the proposed Resolution, RESOLUTION NO. 75-4-2-6: ANNEXATION POLICY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING CRITERIA AND ADOPTING POLICY RELATING TO THE ANNEXATION OF TERRITORY TO THE CITY It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that Resolution No. 75-4-2-6 be adopted. Condition No. 3 is to read "When an area is to be served by the City of San Juan Capistrano for sewerage purposes." DIRECTOR OF PLANNING 1. REQUEST E Council received copies of a report dated April 2, 1975, from the Director of Planning regarding the request of First Commercial Enterprise for an exemption from the deferral period for the Junipero Serra Village project located on 29 acres at Junipero Serra Road and Camino Capistrano. RESOLUTION NO. 75-4-2-7: GRANTING EXEMPTION FROM DEFERRAL PERIOD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING AND DETERMINING THAT THE JUNIPERO SERRA VILLAGE PROJECT MERITS EXEMPTION FROM THE PROVISIONS OF ORDINANCE NO. 265 AND NO. 278 It was moved by Councilman Byrnes, seconded by Mayor Weathers and unanimously carried that Resolution No. 75-4-2-7 be adopted. The Resolution grants an exemption for the purpose of preparing an environmental impact report for the project known as Junipero Serra Village and for the processing' of a rezone, division of land, site plan, and other related matters for that portion of the project contemplated for the Neighborhood Convenience Center; processing shall include all actions up to but exclusive of the conducting of a public hearing for the rezoning, said public hearing to be held upon adoption of the Land Use Management Code. -5- 4/2/75 347 RECESS AND REODNVENE Council recessed at 8:30 P.M and reconvened at 8:45 P.M. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1, SERRA PROJECT COMMITTEE NO. 3 BUDGET - LE SE AND AIAINTENANCE OF OCEAN OUTFALL Council received copies of a memorandum dated April 2, 1975, from the Director of Public Works regarding the tentative budget for the lease and maintenance of the existing ocean outfall, SERRA Project Committee No. 3. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to approve the budget of the SERRA Project Committee No. 3 in the total amount of $27,900 and to authorize the payment of $5,189 from the Sewer Enterprise Fund as this City's share of the expenditure. 2. EQUESTRIAN CROSSING - ORTEGA HIGHWAY Council received copies of a memorandum dated April 2, 1975, from the Director of Public Works in response to Council's request that the possibility of including an equestrain undercrossing in the Ortega Highway widening project be investigated. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to approve the project in concept, including a commitment for right-of-way acquisition and maintenance, and that staff be directed as follows: a. To include the sum of $35,000 in the 1975-76 fiscal budget to be paid to the State as this City's one-half share of the project; b. To prepare the necessary agreements for execution; C. To negotiate further with the State in an attempt to secure 100% State funding; d. To negotiate with both the State and the County for funding participation; and e. To develop equestrian crossing warrants (number of horses vs. number of vehicles at crossing points), as required by the State. BOARDS, COMMITTEES, COMMISSIONS 1. COMMUNITY CENTER COMMITTEE Council received copies of a report dated April 2, 1975, from the Director of Planning regarding the proposed community center project. Council also received copies of a letter from the Capistrano Community Affairs Council presenting a list of questions on the presently proposed downtown site for the center and urging that comparison studies of other sites be made. Mrs, Marilyn Williams introduced Mr. Ted Kopp, Chairman of the CCAC Community Center Study Committee, who addressed the Council. Mr. Al Arps addressed the Council regarding financing of the community center project by means of a redevelopment agency. Copies of his report were presented to Council. Councilman Sweeney, Chairman of the City's Community Center Committee, advised that the questions presented this evening and further questions raised by residents and staff members would be considered by the Committee for inclusion in their recom- mendations to the Council. Council thanked the CCAC members for their comments and presentations. -6- 4/2/75 2. BICENTENNIAL COMMITTEE - FREEDOM TRAIN Council received copies of a memorandum dated April 2, 1975, from the City Manager regarding the possibility of the Freedom Train scheduling a stopover in the City. The Train will be touring the nation during 1975 and 1976 bearing national archives and related bicentennial memorabilia in conjunction with the celebration of the Bicentennial of the American Revolution. Mrs. Minnie Surles, Chairman of the Bicentennial Committee, and Mr. Jim Tyson, owner of the Capistrano Depot Restaurant, addressed the Council in favor of inviting the Train to schedule a stop in the City. RESOLUTION NO. 75-4-2-8: FREEDOM TRAIN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, URGING AND INVITING THE AMERICAN FREEDOM TRAIN FOUNDATION TO SCHEDULE A STOP IN THE CITY OF SAN JUAN CAPISTRANO It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Resolution No. 75-4-2-8 be adopted. Copies of the Resolution are to be sent to the Intergovernmental Coordinating Council of Orange County to request their support of the proposed stopover and to the Freedom Train Foundation. COUNCIL REMARKS 1. AGRICULTURAL STEERING COMMITTEE It was moved by Councilman Sweeney and seconded by Councilman Nash that approval be granted to the consultant to commence work on the agricultural study and that the contract be placed on the next Council Agenda for Council consideration. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Weathers NOES: Councilman Byrnes ABSENT: None 2. FIESTA ASSOCIATION PARADE Council discussed the problems encountered with the Fiesta. Association parade scheduled for March 22nd but cancelled due to inclement weather. The parade has been rescheduled for Saturday, April 26th. The City Manager advised that City staff had met with Association members and that the forth- coming parade would be coordinated by Fiesta Assoication personnel, City staff and representatives of the Sheriff's Department. A Sheriff's Deputy and a staff member will be at City Hall during the parade to facilitate telephone communications. The City will provide barricades, portable restrooms, tow away signs, maps, parking signs and pickup trucks with crews to assist Association members. 3. S.E.R.R.A. Councilman Nash commended the representative of S.E.R.R.A. in following through on the Council request that the debris be cleared from the front of the facility on Del Obispo Street. Councilman Nash requested that more complete agendas be prepared for S.E.R.R.A. 4. LAND USE MANAGEMENT CODE - GENERAL PLAN MAP Councilman Nash requested that the General Plan map include -7- 4/2/75 ME the area to the southwest of the City since the boundaries were to be extended to include the City's sphere of influence, 5. CAPISTRANO AIRPORT Councilman Heckscher requested a progress report on the problems confronting the Airport Committee, The City Attorney advised that it would be forthcoming shortly. 6. ALTO CAPISTRANO TRAFFIC Councilman Heckscher requested receipt of a final report on the Via de Agua traffic problems. The Director of Public Works advised that the matter will be presented to the Traffic Committee on April 14th, 7. LEAGUE OF CALIFORNIA CITIES - ENVIRONMENTAL QUALITY COMMITTEE Councilman Heckscher advised that he had been appointed to the Environmental Quality Committee of the League of California Cities and that a meeting of the Committee is scheduled for April 11th in Oakland. Mr. Heckscher requested that a staff member be selected to attend the meeting since he is unable to attend. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:25 P.M. to the next Regular Meeting date of Wednesday, April 16, 1975, at 7:00 P.M. in the City Council Chamber. APPROVED: Respectfully submitted, 4/2/75