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75-0604_CC_Minutes_Regular Meeting384 JUNE 4, 1975 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 7:02 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Mayor James K. Weathers. 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 Byrnes, seconded by Councilman Nash and unanimously carried that the Minutes of the Regular Meeting of May 21, 1975, be approved with the following correction to the last sentence, first paragraph, Page 2: Change " through the valley to Valle Road." to ". . , through the valley north of Window Hill. 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. SLUDGE HAULING AGREEMENT (GOLDEN WEST FERTILIZER) Council received copies of a memorandum dated June 4, 1975, from the Director of Public Works forwarding a copy of a proposed Agreement between the City and Golden West Fertilizer Company for sludge hauling services in connection with the sanitary sewage facility. It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried to approve the Agreement with Golden West Fertilizer Company for sludge hauling services, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. The Agreement expires June 30, 1976. 2. AGREEMENT FOR GENERAL ENGINEERING SERVICES (WOODSIDE/KUBOTA) At the request of the Director of Public Works, consideration of this item was held over to a future date. 3. AGREEMENT FOR SEWER LINE EASEMENT (ATCHISON, TOPEKA & SANTA Council received copies of a memorandum dated June 4, 1975, from the Director of Public Works forwarding copies of a supplemental agreement amending contract No. 133591 dated April 14, 1970, between the City and the Santa Fe Railway. -1- 6/4/75 V �V The Agreement is for a lease of railroad company right-of- way for a sewerline encroachment along Camino Capistrano in the northern area of the City. The supplemental agreement increases the lease fee from $645 per year to $725 per year. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to approve the supplemental agreement and to authorize the Mayor to sign on behalf of the City. Mayor Weathers directed that the Director of Public Works report back to Council on staff time, costs and legal ramifications of condemning the property for public use and also determining the fair market value of the property by appraisal. PUBLIC HEARINGS 1. SETTING OF HEARING DATE - HOME WARRANTY PROGRAM Mayor Weathers set June 18, 1975, at 7:00 P.M. as the date for the Public Hearing on the proposed Home Warranty Program Ordinance and directed that members of the building industry, developers, and other interested persons be notified of the Public Hearing. 2. LAND USE MANAGEMENT CODE AND OFFICIAL ZONING MAP 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 Land Use Management Code and Official Zoning Map and inquired if anyone in the audience wished to address the Council either for or against the proposed Official Zoning Map. The following persons addressed the Council: 1. Mr. Charles Brandt, 4301 Birch Street, Newport Beach, representing Paul Salata. 2. Mr. Justus Gilfillan, 4300 Campus Drive, Newport Beach, representing Mission Hills Ranch,'Inc. Mayor Weathers then inquired if anyone in the audience wished to address the Council either for or against the procedures, philosophies and intent of issues set forth in the proposed Land Use Management Code. The following persons addressed the Council: 1. Mr. Justus Gilfillan., There being no one else wishing to address the Council, Mayor Weathers declared the Public Hearing closed with the right to re -open at any time. The City Attorney has requested a week or ten day period of time for review of the Code. After discussion, Mayor Weathers re -opened the Public Hearing and called for general testimony on the Land Use Management Code itself. The following persons addressed the Council: 1. Mr. Manuel Perez, 800 North Main Street, Santa Ana, Director of Governmental Affairs for the Building Industry, and as spokesman for the American Institute of Architects. 2. Mr. Justus Gilfillan. Council had received copies of the proposed Land Use Management Code and a compilation of written communications received between March 7 and May 13, 1975,and an information packet of critiques, reports, and Planning Commission Minutes on this subject. -2- 6/4/75 There being no one else wishing to address the Council, Mayor Weathers declared the Public hearing closed with the right to re -open at any time. Mayor Weathers directed the City Attorney to advise Council on the adequacy of the General Plan Environmental Impact Report as it relates to the proposed Land Use Management Code. Mayor Weathers ordered the Public Hearing continued to Wednesday, June 11, 1975, at 7:00 P.M. in the City Council Chamber. 3. REQUEST FOR CABLE TELEVISION RATE INCREASE - TM COMMUNICATIONS 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 request of TM Communications for approval of rate increases for new installations and monthly service charges for cable television service and inquired if anyone. in the audience wished to address the Council on this subject. Mr. Peter Jones and Mr. Richard Young of Orange County Cable Communications Company (TM Communications) addressed the Council in favor of the proposed new rate schedule. There being no one else wishing to address the Council on the matter, Mayor Weathers declared the Public Hearing closed with the right to re -open at any time. Mayor Weathers ordered the Public Hearing continued to the next regular meeting date of Wednesday, June 18, 1975, at 7:00 P.M. in the City Council Chamber and directed staff to contact the homeowners` associations in Village San Juan and Sun Hollow, the areas serviced by TM Communications, to solicit their comments regarding the requested increases. The Director of Administrative Services is to investigate rate schedules of other cities and to report back on the requested increase in installation charges from $15.00 to $30.00. ORDINANCES 1. UNIFORM FIRE CODE AMENDMENT REGULATING FIREWORKS SALES (URGENCY) Council received copies of a memorandum dated June 4, 1975, from the City Manager forwarding copies of a proposed urgency ordinance amending the Uniform Fire Code relating to the sale of fireworks, as recommended by the Orange County Fire Department. Chief Wally Trotter, Fire Marshal, addressed the Council in favor of the proposed amendments, which restrict the hours and days of sales of fireworks and the age of persons allowed to handle fireworks. Councilman Byrnes questioned the enforceability and justification for ^ limiting the handling of fireworks to persons 16 years of age or older. ORDINANCE NO. 291: SALE OF FIREWORKS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRAiNTO, CALIFORNIA, ESTABLISHING REGULATIONS RELATING TO THE SALE OF FIREWORKS AND AMENDING ORDINANCE NO. 259 (URGENCY) was read by title by the City Attorney. Further reading of all ordinances was waived earlier in the meeting. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Ordinance No. 291 be adopted. ORAL COMMUNICATIONS 1. PUBLIC WORKS VEHICLE STORAGE BUILDING Mr. Roland Olsen, 25952 Ave. Mariposa, addressed the Council in opposition to the expenditure of additional funds for a -3- 6/4/75 Wippm ZKOXI proposed Public Works vehicle storage building on City Hall property. 2. RECREATIONAL VEHICLE PARKING AREA - VILLAGE SAN JUAN Mr. Al Mahan, President of the Board of Directors, Village San Juan Homeowners Association, addressed the Council and read a letter requesting Council to consider requiring the installation of -barbed wire on top of the fence enclosing the temporary Village San Juan recreational vehicle parking area and restriping of the parking spaces prior to final approval of Tract 8130. Utility under - grounding in the area has delayed the construction of the permanent recreational vehicle parking area. Mayor Weathers requested that the Director of Public Works contact the developer to ascertain the progress of utility undergrounding along Rosenbaum Road. RECESS AND RECONVENE Council recessed at 9:10 P.M. and reconvened at 9:26 P.M. CONSENT CALENDAR It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that 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 20 and May 27, 1975, was received for information. 2. COUNTY -WIDE 911 EMERGENCY TELEPHONE PROGRAM Council accepted the report from the Director of Administrative Services dated June 4, 1975, regarding the proposed County- wide 911 Emergency Telephone System. The telephone company estimates that the'cost of the program to this City would be approximately $276 per month with a one-time charge of $9,120. The City will continue to support the 911 program without making a commitment of City funds; the County will be informed that no final commitment will be made until costs are fixed. At the request of Council, the following items were removed from the Consent Calendar and acted upon individually: 1. APPROVAL OF WARRANTS After clarification of Warrants Nos. 5224, 5248, 5274 and 5277, it was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that the List of Demands dated June 4, 1975, Warrants Nos. 5223 through 5279, inclusive, and 1911 Act Account Warrants No. 0152 and 0153,in the total amount of $130,287.13, be approved as submitted. 2. RECREATIONAL VEHICLE PARK - VILLAGE SAN JUAN Council received copies of a status report dated June 4, 1975, from the Director of Planning regarding the Village San Juan Recreational Vehicle Park. Council discussed a letter received previously in the meeting from Mr. Al Mahan, San Juan Village Homeowners Association. Mayor Weathers directed that the status report be received and filed and requested that the Director of Public Works investigate any possible means of alleviating the recreational vehicle parking situation. -4- 6/4/75 i 3. USE OF COUNCIL CHAMBER - CASA DE CAPISTRANO IIOMEOWNERS ASSOCIATION, JUNE 16, 1975 Council received copies of a memorandum dated June 4, 1975, from the City Clerk forwarding an application from the Casa de Capistrano Homeowners Association for permission to use the City Council Chamber the evening of June 16th for their annual meeting, The $10 deposit fee has been paid. It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that the request be approved with the notation that the capacity of the Chamber is limited to 99 persons, 4. ORANGE COUNTY TRANSIT DISTRICT - PARK RIDE F EE Y TEN Council received copies of a report dated June 4, 1975, from the Director of Public Works regarding the County Park and Ride facility to be located on the Mission.Drive-in Theatre property at Camino Capistrano and Del Obispo Street. The program is to be conducted on a six-month trial basis beginning July 7, 1975, and the Transit District has requested permission to install signs and benches; waiver of fees has also been requested. The signs are not in compliance with current City policy regarding size, material and color. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that staff be directed to contact the Orange County Transit District in order to reach a compromise solution that will recognize the City's desires with regard to the size, material and color of the signs; some flexibility regarding the color is to be considered. It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried that all permit fees and plan check charges be waived. ADMINISTRATIVE ITEMS CITY MANAGER 1. FIREWORKS STANDS Council received copies of a memorandum dated June 4, 1975, from the City Manager forwarding applications for permission to operate fireworks stands in the City from Boy Scout Troop #728, the Dana Hills High Schnnl Athletic Boosters, and the South Coast YMCA,which has requested two locations. Site cleanup deposits in the amount of $0_5.00 per site have been submitted by the applicants. It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that the above requests be approved subject to the receipt of certificates of insurance naming the City as co-insured and subject to the approval of the local volunteer Fire Chief. DIRECTOR OF ADMINISTRATIVE SERVICES 1. SALE OF CITY VEHICLES (PUBLIC WORKS Council received copies of a memorandum dated June 4, 1975, from the Director of Administrative Services retarding the proposed disposal of five surplus Public Works vehicles, as follows; One 1967 Chevrolet 4 -door sedan; One 1967 Chevrolet -ton pickup truck; One 1968 Chevrolet 1 -ton truck; One 1963 White water tank truck; One 1966 Wayne 3 -yard sweeper. -5- 6/4/75 X09 It was moved by Councilman Byrnes, seconded by Mayor Weathers and unanimously carried to declare the equipment surplus and to authorize the City Manager to consign the equipment 'to Ken Porter Auction Company for auction in Los Angeles; The cost of transporting the vehicles is approximately $20.00 per vehicle; the auction company charges a 100c commission for their services. DIRECTOR OF PLANNING 1. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD (GABRIELLI) AUTOMOBILE--V-ICE FACILITY - LOT 1, PARCEL A Council received copies of a report dated June 4, 1975, from the Director of Planning regarding the request of Leonard Gabrielli, on behalf of his client Mr. Goultekin Ashik, for an exemption from the deferral period for the purpose of submitting and processing a site plan for a proposed automobile service facility on Paseo Adelanto 400 feet south of Del Obispo Street. RESOLUTION NO. 75-6-4-1: GRANTING EXEMPTION FROM DEFERRAL PERIOD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO LEONARD GABRIELLI FOR PROPOSED AUTOMOBILE SERVICE FACILITY FROM THE PROVISIONS OF ORDINANCE NO. 265, AS AMENDED was read by title by the City Attorney. It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried that Resolution No. 75-6-4-1 be adopted. The exemption is granted upon the condition that the applicant agrees to process the plans in accordance with the proposed Land Use Management Code, and that the application for this project shall not be effective until the effective date of the Code. Further, the granting of the exemption in no way binds the City Council to an action of approval, nor is it to be considered as any indication that an action of - approval is being considered. 2. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD (HAHN Council received copies of a report dated June 4, 1975, from the Director of Planning regarding the request of D. D. Hahn for an exemption from the deferral period for the purpose of submitting and processing development plans for a 6 -lot residential subdivision on 3 1/2 acres at the end of Calle Lucana. RESOLUTION NO. 75-6-4-2: GRANTING EXEMPTION FROM DEFERRAL ' PERIOD: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUN JUAN CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO D. D. HAHN 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 Byrnes, seconded by Councilman Heckscher and unanimously carried that Resolution No. 75-6-4-2 be adopted. The exemption is granted upon the condition that the applicant agrees to process the plans in accordance with the proposed Land Use Management Code, and that the application for this project shall not be effective until the effective date of the Code. Further, the granting of the exemption in no way binds the City Council to an action of approval, nor is it to be considered as any indication that an action of approval. is being considered. -6- 6/4/75 3. REQUEST FOR. EXEMPTION FROM DEFERRAL PERIOD (DELOTTA) SWIMMING SCll00— L ON ALIPA'L STREET, PARCEL NO. 6�-`1-01 Council received copies of a report dated June 4, 1975, from the Director of Planning regarding the request of Mr. John R. Parker, on behalf of his clients lir. and Mrs. Lawrence A. Dellota, for an exemption from the deferral period for the purpose of constructing and operating a commercial swimming'school on Alipaz Street. RESOLUTION NO. 75-6-4-3: GRANTING EXEMPTION FROM DEFERRAL PERIO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY O IS �N JUAN CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO — LAWRENCE A. DELLOTA FOR PROPOSED SWIM SCHOOL FROM THE PROVISIONS OF ORDINANCE NO. 265, AS AMENDED was read by title by the City Attorney. It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried that Resolution No. 75-6-4-3 be adopted. The exemption is granted upon the condition that the applicant agrees to process the plans in accordance with the proposed Land Use Management Code, and that the application for this project shall not be effective until the effective date of the Code. Further, the granting of the exemption in no way binds the City Council to an action of approval, nor is it to be considered as any indication that an action of approval is being considered. 4. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD (CRUMRINE) RESIDENTIAL DEVELOPMENT, AVE. DE SACARAMA, PARCEL NO.649-101-14 Council received copies of a report dated June 4, 1975, from the Director of Planning regarding the request of Mr. Charles E. Crumrine, Jr., for an exemption from the deferral period for the purpose of processing a four lot division of land on a ten acre parcel off Avenida de Sacarama. RESOLUTION NO. 75-6-4-4: GRANTING EXEMPTION FROM DEFERRAL PERIOD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRATING EXEMPTION TO CHARLES E. CRUMRINE, JR., FOR PROPOSED RESIDENTIAL DEVELOP - MEN FROM THE PROVISIONS OF ORDINANCE NO. 265, AS AMENDED was read by title by the City Attorney. It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried that Resolution No. 75-6-4-4 be adopted. The exemption is granted upon the condition that the applicant agrees to process the plans in accordance with the — proposed Land Use Management Code, and that the application for this project shall not be effective until the effective date of the Code. Further, the granting of the exemption in no way binds the City Council to an action of approval, nor is it to be considered as any indication that an action of approval is being considered. 5. STATUS REPORT - CAPISTRANO HIGH SCHOOL GYM Council received copies of a report dated June 4, 1975, from the Director of Planning regarding the possibility of upgrading the old Capistrano High School Gym for use as a City recreation facility. A Feasibility Report dated May 8, 1975, from Boyle Engineering Corporation was also received. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the matter be referred to the Recreation Coordinator as a potential future project -7- 6/4/75 91 if outside funding sources become available. With the concurrence of the second, Councilman Heckscher then amended the motion to include the following direction to staff: a. That a preliminary investigation be undertaken and formal contact made with the School District in order to determine administrative procedures necessary for the City to acquire the gym; b. That the matter be referred to the Recreation Coordinator as a high priority matter. PERSONNEL - INTRODUCTION OF RECREATION COORDINATOR The City Manager introduced Mr. Thomas Baker, who commenced employment as the City's Recreation Coordinator effective June 2, 1975. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. PUBLIC WORKS VEHICLE STORAGE BUILDING Council received copies of a memorandum dated June 4, 1975,, from the Director of Public Works regarding the proposed Public Works vehicle storage building. The sum of $30,000 is included in the current budget for the construction of a three -sided, prefabricated metal building and necessary paving. As approved by the Planning Commission, the building would be constructed of wood frame or stucco, completely enclosed, and would be located behind the City Administration Building, for a total project cost of approximately $53,000. It was moved by Councilman Byrnes and seconded by Councilman Heckscher that the project be re -budgeted for fiscal year 1975-76. Councilman Byrnes then withdrew the motion. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to reject the recommendation of the Planning Commission, approve the original project concept and refer the matter to staff for plans; the Director of Public Works is to consider design and location of the building and whether or not it will be constructed with doors. Possible future expansion is also to be considered. 2. REQUEST FOR WAIVER OF UTILITY UNDERGROUNDING (A & A GROWERS) CAMINO DEL AVION Council received copies of a memorandum dated June 4, 1975, from the Director of Public Works regarding the request of Thomas Spencer and Ronald Shimizu for a waiver of the requirement for the undergrounding of utilities in conjunction with property they are leasing southeast of the intersection of Del Obispo Street and Camino del Avion. Mr. Thomas Spencer addressed the Council. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to approve the installation of overhead electrical service as requested by A & A Growers, subject to the following conditions: a. Utilities shall be placed underground if the applicants purchase the property; b. Utilities shall be placed underground and all necessary street improvements installed prior to commencing commercial sales operations on the property; -8- 6/4/75 392 C. Utilities shall be placed underground at the time utilities are undergrounded on Del.Obispo Street. TRAFFIC AND TRANSPORTATION COMMITTEE 1. RELOCATION OF CROSSWALK - DEL OBISPO STREET Council received copies of a memorandum dated June 4, 19752 from the Director of Public Works regarding the Committee's evaluation of pedestrian crossing protection on Del Obispo Street between Alipaz Street and the Baptist Church. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to authorize the removal of the mid -block crosswalk adjacent to the Baptist Church and to direct staff to install a new school crosswalk on the west side of Via Belardes crossing Del Obispo Street, with appropriate signs and markings. COUNCIL REMARKS 1. FIREWORKS SALES AND USAGE It was moved by Councilman Heckscher that Ordinance No. 291 regulating the sale of fireworks be amended so that it is illegal to sell fireworks to persons under 16 years of age, it is illegal for persons under 16 years of age to use fireworks, and that the parents or guardians of those under 16 years of age shall have the responsibility and liability in connection therewith. There was no second to the motion. 2. SUBDIVISION DEVELOPMENT - CUNNINGHAM Councilman Nash requested that staff investigate the parked trailer, flags and sign at the Cunningham project on Del Obispo Street. 3. CITY COUNCIL CORRESPONDENCE Councilman Nash requested that the name of the addressee be noted on all correspondence photocopies for members of the City Council. Councilman Nash also suggested that a policy should be adopted for replying to Council correspondence; Mayor Weathers stated he would work it out with the City Manager. 4. COMMENDATIONS Councilman Nash commended the Director of Administrative Services for the summary of fund balances submitted to Council and commended the Planning Department on the General Plan. 5. ORTEGA HIGHWAY - DESIGNATION AS STATE SCENIC HIGHWAY Councilman Nash suggested that investigation be made into the feasibility of the Ortega Highway being designated as a State Scenic Highway; Councilman Byrnes suggested the possible designation as a scenic/historic highway; Council- man Nash inquired if the Environmental Impact Report is addressing the Parra Adobe. 6. DEL OBISPO BRIDGE WIDENING PROJECT Councilman Byrnes inquired into the status of the Del Obispo Street Bridge widening project and suggested that everything within the limits of practicality should be done to minimize inconveniences to the public. -9- 6/4/75 X93 7. FLAG PERMITS Councilman Byrnes noted the disrepair of the advertising flags at Village San Juan. Mayor Weathers directed staff to inform the developer, U.S. Development, that if the situation is not remedied, Council will consider action at their next meeting to rescind the flag permit. Councilman Byrnes suggested Council reconsideration of the denial of the request for permission to utilize the national ensign in connection with the Captain's Hill project. The suggestion was withdrawn pending review of Council tapes of the meeting in question. RECESS AND RECONVENE Council recessed to a personnel meet and confer session at 10:59 P.M. and reconvened at 12:05 P.M. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:06 P.M. to the next meeting date of Wednesday, June 11, 1975, at 7:00 P.M. in the City Council Chamber. APPROVED: HERS, MAYOR Respectfully submitted, -10- 6/4/75