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75-0521_CC_Minutes_Regular MeetingMAY 21, 1975 3'73 REGULAR MEETING OF THE CITY COUNCIL, SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council was called to order by Mayor Weathers at 7:00 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Councilman John B. Sweeney. ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor John B. Sweeney, Mayor pro tem Councilman Roy L. Byrnes Councilman Yvon O. Heckscher Councilman Douglas B. Nash COUNCILMEN ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Administrative Services; William Murphy, Director of Public Works/City Engineer; George Lohnes, Associate Civil Engineer; 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 Byrnes and unanimously carried that the Minutes of the Adjourned Regular Meeting of April 30, 1975, be approved with the deletion of the word "no" between ". . . of policy . . ." and ". . . Environmental Review Board meetings . . ." in the last paragraph of Page 1. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Regular Meeting of May 7, 1975, be approved with the insertion of the following sentence on Page 1, Ortega Highway Sidewalk, before the last sentence of the first paragraph: "Councilman Sweeney inquired concerning the allegation made by a resident that stamped concrete used at another construction site could have caused an increase in liability insurance." CITY COUNCIL - POLICIES AND PROCEDURES It was the consensus of the Council that future Council Minutes reflect the type & subject to be discussed during Executive Sessions. MOTION TO READ BY TITLE ONLY It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that all ordinances and resolutions be read by title only. VIA DE AGUA TRAFFIC STUDY (ALTO CAPISTRANO) ' Council received copies of a memorandum dated May 21, 1975, from the Director of Public Works regarding five alternative proposals to alleviate the future increase in traffic volumes in the existing Alto Capistrano area of the City due to the construction of the Meredith tract. A public hearing was held on May 12th by the Traffic and Transportation Committee; the Committee recommends that traffic diverters at the intersection of Avenida Calita and Via de Agua would not be a satisfactory solution and that Staff be directed to perform other alternative alignment studies. Mr. Gary Hausdorfer, President of the Alto Capistrano Homeowners Association, addressed the Council and recommended that a committee be formed to study the matter and be given a specific date for presentation of a report and recommendation to the Council. -1- 5/21/75 876 Mayor Weathers set June 4, 1975, at 7:00 P.M. as the date for the Public Hearing for the proposed increase in cable television monthly service charges. 3. PROPOSED EXTENSION OF URGENCY ORDINANCE NO. 265 nvr.conTMr A00rnmANr'r. nV 'ZnNTNG ANI) PLANNING APPLICATIONS+ Notice having been given as required by law, Mayor Weathers announced that this is the time and place set for the Public Hearing on the proposed extension of the provisions of Ordinance No. 265, deferring the acceptance and processing of certain zoning and planning applications until such time as 411 zoning ordinances are consistent with the General Plan, and inquired if anyone in the audience wished to address the Council either for or against the proposed extension. The following persons addressed the Council in opposition to the extension of Ordinance No. 265: 1. Justus Gilfillan; 4300 Campus Dr.; Newport Beach, representing Mission Hills Ranch, Inc. 2. William Molnar; 3190-A Via Buena Vista; Laguna Hills, representing Carpenters' Union 1648, Dana Point. 3. Frank Forster; Eureka, California. 4. Manuel Perez; 800 N. Main St.; Santa Ana, Director of Governmental Affairs for the Building Industry. 5. Lou Center; San Juan Capistrano, California. 6. Coy Hester; 1730 Port Abbey P1., Newport Beach, representing Mrs. Mildred Jordan. 7. Charles Brandt; 4301 Birch St.; Newport Beach, representing Paul.Salata. There being no one else wishing to address the Council on this matter, Mayor Weathers declared the Public Hearing closed. Council received copies of a report dated May 21, 1975, from the Director of Planning regarding the exemption process and setting forth the status of various projects in the City. Discussion of the proposed extension of the deferral period followed. It was moved by Councilman Byrnes and seconded by Mayor Weathers that the provisions of Ordinance No. 265 be extended as an urgency matter for a period of three months, or to the adoption of the Land Use Management Code, or whichever is sooner. After discussion of the time frame involved, Council- man Byrnes amended the motion to provide for a four-month extension rather than three months, and the seconder concurred. The vote on the motion was unanimous. ORDINANCE NO. 289: ZONING AND PLANNING APPLICATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DEFERRING THE ACCEPTANCE AND PROCESSING OF CERTAIN ZONING AND APPLICATIONS, EXTENDING THE PROVISIONS OF ORDINANCE NO. 265 (URGENCY) was read by title by the City Attorney. Further reading of all ordinances was waived earlier in the meeting. It was moved by Councilms.n Byrnes, seconded by Mayor Weathers and unanimously carried that Ordinance No. 289, deferring the acceptance and processing of certain zoning and planning applications for an additional period of four months or until the effective date of the Land Use Management Code', whichever is sooner, be adopted as an urgency matter. -4- 5/21/75 4. PROPOSED EXTENSION OF ORDINANCE NO. 284 - 377 Notice having been given as required by law, Mayor Weathers announced that this is the time and place. set for the Public Hearing on the proposed extension of the provisions of Ordinance No. 284 requiring land use and other special permits for structures in the Los Rios Area, and inquired if anyone wished to address the Council on this matter. Mr. Vince Romero addressed.the Council relative to the Ordinance.- ORDINANCE rdinance: ORDINANCE NO. 290: STRUCTURES IN THE "LOS RIOS AREA" - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING THE PROVISIONS OF ORDINANCE NO. 284 REQUIRING LAND USE AND OTHER SPECIAL PERMITS FOR THE CONSTRUCTION, DEMOLITION, REFINISHING, RENOVATION OR RELOCATION OF ANY STRUCTURES LOCATED WITHIN AN AREA BOUNDED BY THE SANTA FE RIGHT-OF-WAY, MISSION STREET, TRABUCO CREEK AND DEL OBISPO STREET (URGENCY) was read by title by Councilman Heckscher. Further reading of all ordinances was waived earlier in the meeting. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that Ordinance No. 290, extending the provisions of Ordinance No. 284 for a period of four months or until the effective date of the Land Use Management Code, whichever is sooner, be adopted as an urgency matter. ORDINANCES 1. FARM LABOR CAMP INSPECTION FEES - ADOPTION Council received copies of a memorandum dated May 21, 1975, from the City Manager, forwarding copies of Ordinance No. 288 which was introduced by the City Council at the meeting of April 16, 1975. The memorandum clarified that the annual permit fee covers any ,inspection initiated by the Orange County Health Department and that reinspection fees are charged only when reinspections are necessitated by non-conformance with the California Labor Code. ORDINANCE NO. 288: ESTABLISHING FARM LABOR CAMP PERMIT FEES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING FARM LABOR CAMP PERMIT FEES was read by title by the City Attorney. Further reading of all ordinances was waived earlier in the meeting. It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Ordinance No. 288 be adopted. RESOLUTIONS 1. HUD NATIONAL FLOOD INSURANCE PROGRAM Council received copies of a memorandum dated May 21, 1975, from the Director of Public Works regarding the City's appli- cation to participate in the Housing & Urban Development (HUD) national flood insurance program. The Associate Civil Engineer made a slide and oral presentation to Council. The program provides eligibility for federally subsidized flood damage insurance for those persons owning structures in areas subject to inundation by a 100 -year storm. RESOLUTION NO. 75-5-21-1: NATIONAL FLOOD INSURANCE PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUIRING THE RECOGNATION OF FLOOD HAZARDS AS RELATED TO BUILDING PERMITS was read by title by Councilman Sweeney. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that Resolution No. 75-5-21-1 be adopted. -5- 5/21/75 378 It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that Staff be directed to make application to the National Flood Insurance Program. The Resolution provides for review by the City Engineer of all building permit applications for new construction or substantial improvements, subdivision proposals and propgsed new developments, and water supply and sanitary sewage systems. ORAL COMMUNICATIONS 1. STABLES LEASE AGREEMENT Dr. Gordon Anderson, lessee of the Lone Pine Stable, Lindy Keith, Drew Anderson, and Robert Maurer addressed the Council regarding the necessity for moving the stables operation to an adjacent location. CONSENT CALENDAR At the request of Council, the Warrants and the Director of Administrative Services'Staff Report were removed from the Consent Calendar. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that, with the exception of the above- mentioned items, the staff recommendations be approved with regard to the following matters: 1. REPORT OF PLANNING COMMISSION ACTIONS The report of actions taken by the Planning Commission at their meetings of May 6 and May 13, 1975, was received for information. 2. CITY TREASURER'S REPORT The City Treasurer's Report of 1911 Act delinquent bonds as of May 5, 1975, was received for information. 3. STAFF REPORTS FOR APRIL, 1915 Council received copies of the Staff Reports for the month of April, 1975, from the Planning Department, the Director of Public Works, and the Engineering, Consultant Engineering, and Water Pollution Control Facility Divisions of the Public Works Department, for information. 4. PROCLAMATION - NATIONAL PUBLIC WORKS WEEK The week of May 18 - 24, 1975, is proclaimed as Public Works Week in the City. APPROVAL OF WARRANTS It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that the revised List of Demands dated May 21, 1975, Warrants Nos. 5130 through 5222, inclusive, in the total amount of $256,733.05, be approved as submitted. The Director of Administrative Services is to advise Council of the type of investment and rate of interest with regard to Warrant No. 5130 payable to the Bank of America. DEPARTMENT OF ADMINISTRATIVE SERVICES - STAFF REPORT FOR APRIL, 1975 Council considered the Staff Report for the Department of Adminis- trative Services for the month of April, 1975, and particularly the CETA Program and the initiation of a trial program to provide a counselor from the County Division of Consumer Affairs in the City Council Chamber for two hours per week. -6- 5/21/75 379 It was moved by Councilman Byrnes, seconded by Mayor Weathers and unanimously carried that the Staff Report be received and filed. SUBDIVISIONS AND ANNEXATIONS 1. RELEASE OF IMPROVEMENT BOND TRACT 7112 (PACESETTER) At the request of the Public {Yorks Director, consideration of this item was held over to a future meeting. It was the consensus of the Council that future bond releases be placed on the Consent Calendar. 2. RELEASE OF MONUMENT BOND, TRACT 7912 (McMICHAEL) Council received copies of a memorandum dated May 21, 1975, from the City Engineer's office regarding the release of the monument bond for Tract 7912. The subdivision is complete; all public improvements were accepted by the Council on May 6, 1974. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to accept the monuments and authorize the exoneration of Bond No. 2-208728 of Safeco Insurance Company in the amount of $3,000.00. ADMINISTRATIVE ITEMS CITY MANAGER I. REQUEST TO OPERATE FIREWORKS STAND (BAIRD) The City Manager requested that consideration of this matter be held over to the meeting of June 4, 1975. The City Manager advised that the Board of Supervisors had taken action to amend the County ordinance to restrict the sale of fireworks to the period from June 28th to July 1st of each year by persons 16 years of age or older. The matter will be placed on the June 4, 1975, Council agenda as an urgency matter. CITY CLERK 1. STATEMENTS OF ECONOMIC INTERESTS - CITY MANAGER AND INTERIM CITY MANAGER Council received copies of the Statements of Economic Interests, form 7,20 filed by the City Manager and Interim City Manager, for review, pursuant to Government Code Section 82011 (c), Proposition 9. The forms were filed in the office of the City Clerk within the prescribed time periods. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to receive and file the Statements of Economic Interests filed by City Manager Mocalis and Interim City Manager O'Sullivan. DIRECTOR OF ADMINISTRATIVE SERVICES 1. FEDERAL REVENUE SHARING - ENTITLEMENT PERIOD VI PLANNED USE REPORT FOR FISCAL YEAR 1975-76 Council received copies of a memorandum dated May 210 1975, from the Director of Administrative Services regarding the requirement that the City submit a Planned Use Report for Federal revenue sharing funds for the period July 1, 1975, through June 30, 1976. It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried to adopt a plan for the use of Entitlement Period VI Revenue Sharing Funds in the amount of $101,888.00 for the acquisition of a Civic Center Site. -7- 5/21/75 DIRECTOR OF PLANNING 1. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD - GLEND LE FEDERAL SAVINGS AND LOAN Council received copies of a report dated May 21, 1975, from the Director of Planning regarding the request of Glendale Federal Savings and Loan for an exemption from the deferral period in order to process a proposed residential development on approximately 31 acres of land adjacent to the San Juan Hills Golf Course. RESOLUTION NO. 75-5-21-2: GRANTING EXEMPTION FROM DEFERRAL PERIOD -1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JON CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO GLENDALE FEDERAL SAVINGS AND LOAN ASSOCIATION FOR PROPOSED RESIDENTIAL DEVELOPMENT FROM THE PROVISIONS OF ORDINANCE NO. 265, AS AMENDED was read by title by the City Attorney. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that Resolution No. 75-5-21-2 be adopted. The granting of this exemption does not indicate a position either favorable or unfavorable with regard to the proposed project. By accepting the exemption, the applicant agrees to process the plans in accordance with the proposed Land Use Management Code; the tentative map application for this project will not be effective until the effective date of the Land Use Management Code. 2. SIGNS FOR MUNICIPAL OFFICES Council received copies of a report dated May 21, 1975, from the Director of Planning regarding on-site and off-site signs for the municipal offices at a total estimated cost of $855.00. It was moved by Councilman Byrnes that authorization be given to obtain flat, painted signs for the main municipal building and the Planning office at a total cost not to exceed $100.00 for both, the design to be approved by the City Manager. There was no second to the motion and Councilman Byrnes withdrew the motion. It was moved by Councilman Heckscher and seconded by Councilman Sweeney that staff be directed to obtain the following signs at a total overall cost not to exceed $305.00: (a) A sign on the main building denoting the Administrative and Public Works functions; the sign to be approximately 1' x 41, painted and sandblasted, single -faced. (b) A sign on the Planning Office denoting the Planning function; the sign to be approximately 1' x 4', painted and sandblasted, single -faced. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Weathers NOES: Councilman Byrnes ABSENT: None Mayor Weathers directed that staff attempt to obtain an off-site Municipal Offices sign to be located at the inter- section of Paseo Adelanto and Del Opispo Street, the sign to be of a type similar to one previously located there. -8- 5/21/75 381 DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. TRABUCO CREEI{ BICYLE TRAIL RIGHT -OF -NAY EASEMENT - APPROVAL OF SETTLEMENT I TE E TATE) Council received copies of a memorandum dated May 21, 1975, from the City Engineer's Office regarding right-of-way required for the construction of the bicycle trails on Trabuco Creek just south of the City Hall site. A ramp is to be constructed at this location for continuity of the County Flood Control District maintenance road. It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried to approve the expenditure of $552.00 payable to the Forster Estate for the acquisition of an easement for the Flood Control District for the purpose of constructing bicycle trails along Trabuco Creek, and to authorize the Director of Administrative Services to issue a warrant upon the receipt of the signed easement documents. 2. ORTEGA HIGHWAY STATUS REPORT Council received copies of a memorandum dated May 21, 1975, from the Director of Public Works regarding the notification received from the State Department of Transportation that the construction schedule for the widening of the Ortega Highway has been delayed one year to the 1977-78 fiscal year. The report was received for information. PARKS AND RECREATION COMMISSION 1. ALTO CAPISTRANO AREA PARKSITE - AUTHORIZATION TO OBT IN PR I AL Council received copies of a memorandum dated May 21, 1975, from the Director of Public.Works regarding the necessity for an appraisal in conjunction with the proposed acquisition of a parksite in the Alto Capistrano area of the City. Councilman Sweeney questioned the feasibility of acquiring Site No. 1, located at the intersection of Camino Las Ramblas and Via de Agua, and the traffic safety problems to be considered. RESOLUTION NO. 75-5-21-3: MODIFICATION OF 1974-75 BUDGET - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE MODIFICATION OF BUDGET TO INCLUDE COSTS OF AN APPRAISAL FOR PARKSITE NO. 1, ALTO CAPISTRANO was read by title by the City Attorney. It was moved by Councilman Heckscher and seconded by Councilman Nash that Resolution No. 75-5-21-3 be adopted. The motion carried by the following vote: AYES: Councilmen Byrnes, Nash, Heckscher and Mayor Weathers NOES: Councilman Sweeney ABSENT: None Councilman Sweeney noted for the record that his opposition is with regard to the particular location involved, not the acquisition of a parksite itself. It was moved by Councilman Heckscher and seconded by Councilman Byrnes to authorize the City Manager to acquire the services of General Appraisal Company for the purpose of an appraisal report on Parksite No. 1 in the Alto Capistrano area. The motion carried by the following vote: -9- 5/21/75 382 AYES: Councilmen Byrnes, Nash, Heckscher and Mayor Weathers. NOES: None ABSTAIN: Councilman Sweeney TRAFFIC AND TRANSPORTATION COMMITTEE 1. TRAFFIC CONDITIONS ON -LOS PAJAROS (CASAS CAPISTRANO Council received copies of a memorandum dated May 21, 1975, from the Director of Public Works regarding traffic safety conditions on Los Pajaros in the vicinity of Santa Rosalia, and forwarding a request from the Casas Capistrano Association that traffic safety improvements be installed. Raised centerline markers, a 20 MPH speed limit sign and curve warning sign have been installed, as requested by the Traffic and Transportation Committee. It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried to direct staff to continue monitoring the area of Los Pajaros and Santa Rosalia and to report to the Traffic and Transportation Committee. Mayor Weathers directed that a report be forthcoming from the Commission within 90 days. COUNCIL REMARKS 1. COUNCIL MEMBERSHIP ON COMMITTEES Councilman Sweeney raised the question of Council members serving on committees. He pointed out that Council would have a more objective view of situations and there would be more opportunity for citizen participation if Council members did not serve on committees. General Discussion followed. 2. AGRICULTURAL STEERING COMMITTEE Councilman Byrnes announced that he could no longer.serve on the Agricultural Steering Committee, since he is unable to attend the meetings. 3. HOME WARRANTY PROGRAM - LAND USE MANAGEMENT CODE Councilman Sweeney requested that the proposed Home Warranty Program be placed on the Council Agenda as a separate ordinance, rather than as a part of the Land Use Management Code, and possibly incorporated into the Code at a later date. 4. PLANNING COMMISSION Councilman Sweeney requested that persons interested in serving on the Planning Commission notify the Council of their interest, since there will be an opening on the Commission in the near future. 5. CITY COUNCIL CORRESPONDENCE Councilman Sweeney expressed his appreciation to Councilman Byrnes for responding to the letter dated March 18, 1975, from the Capistrano Community Affairs Council, and requested that all letters addressed to the Council receive a response. 6. LAND USE MANAGEMENT CODE Councilman Byrnes stated that the proposed Land Use Management Code was so all inclusive that he would have to request justification from the framers of the ordinance. -10- 5/21/75 383 7. BICENTENNIAL COMMITTEE - MOMENTOS It was moved by Mayor Weathers and seconded by Councilman Ileckscher to authorize the purchase of 10 California Banknote bookmarks, as presented by the Bicentennial Committee, for distribution to the members of the Planning Commission and City Council. The cost for the leather bookmarks is approximately $3.00 each. The motion was subsequently amended to authorize the purchase of 50 bookmarks, the seconder concurred with the amendment, and the motion passed unanimously. 8. BICENTENNIAL COMMITTEE - FREEDOM TRAIN By Resolution No. 75-4-2-81 the City Council formally invited the American Bicentennial Freedom Train Foundation to schedule a stop of the train in San Juan Capistrano. Mayor Weathers advised that a portion of the ticket sales receipts will be utilized for expenses of the visit and especially for providing overnight accommodations for the Freedom Train staff. It was the consensus of the Council that conceptual support be given for the City to pay expenses over and above the ticket sales receipts, if necessary. Staff was directed to contact other cities in which the Train has stopped in order to estimate possible costs to the City. Councilman Byrnes suggested that a letter be written to Supervisor Riley requesting his support of a Freedom Train visit in this City. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:26 P.M. to the next regular meeting date of Wednesday, June 4, 1975, at 7:00 P.M. in the City Council Chamber. APPROVED: Respectfully submitted, A MW • CLERK -11- 5/21/75