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75-0618_CC_Minutes_Regular MeetingJUNE 18, 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 Weathers at 7:02 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 Byrnes, seconded by Councilman Nash and unanimously carried that the Minutes of the Regular Meeting of June 4, 1975, be approved as submitted. MOTION TO READ BY TITLE ONL 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. AGREEMENT FOR COUNTY HEALTH SERVICES At the request of'the City Manager, this item was held over for consideration at the Council Meeting of July 2, 1975. 2. ALIPAZ STORM DRAIN - GREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICT Council received copies of a report dated June 18, 1975, from the Director of Public Works, forwarding copies of a cooperative agreement between the City and the Orange County Flood Control District for the design, construction, and funding of the Alipaz Storm Drain at a total estimated project cost of $325,000. The County Flood Control District's share of the project cost is approximately $200,000; the City's share approximately $125,000 to be paid from the Drainage Fund. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to approve the Agreement with the Orange County Flood Control District for the construction of the Alipaz Storm Drain, to authorize the Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. 3. GENERAL ENGINEERING CONSULTANT SERVICES - GREEMENT WITH WOODSIDE/KUBOTA & ASSOCIATES Council received copies of a report dated June 18, 1975, from the Director of Public Works forwarding a proposed Agreement with Woodside/Kubota & Associates, Inc., for genral engineering services during fiscal year 1975-76. Puruant to the Agreement, the consultant provides -1- 6/18/75 397 information on past projects and proceedings, performs work in excess of the Engineering Staff's manpower capabilities, and prepares approximately one-half of the capital projects construction plans and specifications. Compensation is fixed on a retainer basis of $750 per month, requiring a maximum of 22 hours of time per month for engineering services, plus a maximum of 6 hours per month for meetings. Any additional service and compensa- tion requires the authorization of the City Engineer. It was moved by Councilman Heckscher; seconded by Councilman Sweeney to approve the Agreement with Woodside/Kubota R Associates for general consultant engineering services with the effective date of August 1, 1975, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. Councilman Heckscher questioned the use of the term "maximum" rather than "minimum" in defining the retainer schedule, and the motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Nash and Mayor Weathers NOES: Councilman Heckscher ABSENT: None 4. RENEWAL OF LEASE OF CITY PROPERTY FOR RECYCLING FACILITY - WORLD REPAIR, INC. Council received copies of a report dated June 18, 1975, from the Director of Public Works forwarding a proposed Lease Extension Agreement between the City and Walter Jobson of World Repair, Inc.,for the lease of a portion of City property for use as a recycling facility for salvageable materials. The original lease was entered into March 26, 1973, and the proposed extension is up to and including December 31, 1975. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve the extension of the Lease Agreement with World Repair, Inc., to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. Mr. Jobson has submitted his check in the sum of $1.00 for the lease fee. 5. DEL OBISPO STREET BRIDGE APPROACH - W RD OF CONTRACT Council received copies of a memorandum dated June 18, 1975, from the City Engineer's Office forwarding a tabulation of bids received on June 13, 1975, for the street widening project on the south side of Del Obispo Street west of the bridge to Alipaz Street. Plans and Specifications were approved on May 7th. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to approve a contract for the Del Obispo Bridge Approach with the low bidder, R. J. Noble Company of Orange, California, according to the unit prices bid, at an estimated total cost of $8,875.00, to reject all other bids received, and to authorize the Mayor to execute the Contract on behalf of the City. -2- 6/18/75 6. SAN JUAN CREEK AND TRABUCO CREEK BIKE TRAILS - r IVA110 OF CONTRI Ur Council received copies of a memorandum dated June 18, 1975, from the City Engineer's office forwarding a tabulation of bids received on June 13, 1975, for the San Juan Creek and Trabuco Creek portions of the County -wide Cooperative Bikeway Financing Program. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried to approve a contract for the construction of bicycle trails with the low bidder, Certified General Engineering Contractors, Inc., of Orange, California, according to the unit prices bid, at an estimated cost of $78,219.03, to reject all other bids received, and to authorize the Mayor to execute the Contract on behalf of the City. 7. PUBLIC WORKS VEHICLE STORAGE BUILDING - APPROVAL OF PLANS AND PECIFIC TION Council received copies of a report dated June 18, 1975, from the Director of Public Works regarding the proposed Public Works Vehicle Storage Building, as approved in concept at the Council meeting of June 4, 1975. The building proposed isa three -sided metal structure located behind and parallel to the Planning Department trailer. Councilman Nash questioned the consistency of the City approving this type of building and noted the lack of landscaping. He was advised that the building will be of a similar appearance to the existing City administrative building and that landscaping is being considered for the Camino Capistrano side of the building. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to direct staff to advertise for bids for the construction of a metal, shed type Public Works Vehicle Storage Building to be located southeast of and parallel to the Planning Department trailer. PUBLIC HEARINGS 1. PROPOSED HOME WARRANTY PROGRAM Councilman Sweeney presented an oral background report on the proposed Home Warranty Program, and Council received copies of a report dated June 18, 1975, from the Director of Planning recommending amendments to the ordinance as proposed. 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 adoption of an ordinance establishing _ a Home Warranty Program requiring sellers of new residential dwelling units to provide home warranties to insure against faulty workmanship and materials and major construction defects. The following persons addressed the Council in opposition to the proposed Home Warranty Program: a. Manuel Perez, 800 North Main Street, Santa Ana, Director of Governmental Affairs for the Building Industry Association. b. Roger Grable of the law firm of Rutan & Tucker, 401 Civic Center Drive West, Santa Ana.. c. Kit Kenyon, 600 South Greenwich, Anaheim. d. John Stanley, 106 West Fourth Street, Santa Ana, representing the C. Michael, Swanner and Williams interests. -3- 6/18/75 399 The following persons addressed the Council in favor of the proposed Home Warranty Program: a. Richard Wyndhamsmith, 26416 Brookfield Road. After Council discussion, Mayor Weathers declared the Public Hearing continued until the Council meeting of August 6, 1975, at 7:00 P.M. in the City Council Chamber. The City Attorney was directed to study the legal ramifica- tions of the proposed Ordinance and particularly Section 4 dealing with the proposed warranty amount of $10,000 per dwelling unit. RECESS AND RECONVENE Council recessed at 8:47 P.M. and reconvened at 9:10 P.M. after a personnel session to discuss meet and confer negotiations. PUBLIC HEARINGS (CONTINUED) 2. REQUEST FOR CABLE TELEVISION RATE INCREASES - M COINIUNIC TION (CONTINUATION) Notice having been given as required by law, Mayor Weathers declared the Public Hearing re -opened on the request of TM Communications for increases in their cable television rate schedules and inquired if anyone in the audience wished to address the Council on this subject. The follow - persons addressed the Council in opposition to an increase: 1. Al Mahan, President, Board of Directors, San Juan Village Homeowners Association. 2. Richard Carter, 29665 Woodlake Court. 3. Hamilton Dutcher. Mr. Peter Jones and Mr. Richard Young of Orange County Cable Communications Company (TM Communications) addressed the Council in favor of the proposed rate schedules. There being no one else wishing to address the Council on this subject, Mayor Weathers declared the Public Hearing closed with the right to re -open at any time. It was moved by Councilman Byrnes and seconded by Mayor Weathers to grant the requested monthly service rate increase from $6.00 to $7.00 per dwelling unit; the requested increases in installation charges are not granted. It was moved by Councilman Nash and seconded by Councilman Sweeney that the motion be amended to restrict the monthly service rate increase to $6.50 per dwelling unit. There was no vote on the motion, and Mr. Young of TNI Communications requested that the Public Hearing be held over to another date. It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried that the matter be tabled and the Public Hearing continued to the next regular Council meeting date of July 2, 1975, at 7:00 P.M. in the City` Council Chamber. 3. LAND USE MANAGEMENT CGDE AND OFFICIAL ZONING MAP (CONTINUATION) Notice having been given as required by law, Mayor Weathers declared the Public Hearing re -opened on the proposed adoption of the Land Use Management Code and Official Zoning Map and inquired if anyone in the audience wished to address the Council. The following persons addressed the Council -4- 6/18/75 on this subject: 1. Dale Kirstine, 30936 Paseo Mar Azul. 2. Barbara Davies, President, Town Hall Association, 29391 Edgewood Road. 3. Charles Buck, 2701 Mission Hills Drive There being no one else wishing to address the Council, Mayor Weathers declared the Public Hearing continued to Wednesday, June 25, 1975, at 7:00 P.M. in the City Council Chamber. WRITTEN COMMUNICATIONS 1, REQUEST TO VACATE STREETS - MISSION HILLS RANCH ASSOCIATION Council received copies of a letter dated June 1, 1975, from the Mission Hills Ranch Homeowners Association petition- ing the City to abandon the streets in the Mission Hills development due to traffic hazards. Mayor Weathers directed that this matter be referred to the Traffic and Transportation Committee for recommendation to the Council. CONSENT CALENDAR It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that the staff recommendations be approved with regard to the following matters: 1. APPROVAL OF WARRANTS 2. 3. 4, 5 6. The List of Demands dated June 18, 1975, Warrants Nos. 5280 through 5321, inclusive, and 1911 Act Account Warrants Nos. 0154, 0155, and 0156, in the total amount of $95,122.59 were approved as submitted. REPORTS OF FUND CASH BALANCES The two reports of Fund Cash Balances prepared by the Finance Department for the nine months ended March 31, 1975, and for the ten months ended April 30, 1975, were received and filed. CITY TREASURER'S REPORT The City Treasurer's Report of 1911 Act delinquent bonds as of June 10,1975, was received for information. STAFF REPORTS FOR MAY, 1975 Council received copies of the Staff Reports for the month of May, 1975, from the Department of Administrative Services, 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. REPORT OF PLANNING COMMISSION ACTIONS The report of actions taken by the Planning Commission at their regular meeting of June 3, 1975, was received for information. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS The report of actions taken by the Cultural heritage Commission at their regular meetings of May 6, May 20, and June 4, 1975, was received for information. -5- 6/18/75 401 7. LONG PARK - ACCEPTANCE OF DEED FROM WESTPORT HOMEBUILDERS In order to obtain a title policy on the entire area of Long Park for the purpose of obtaining State funds, an easement deed has been processed covering the entire portion formerly owned by Westport Homebuilders. The Easement Deed for Long Park, duly executed by the grantors, is accepted and the City Clerk authorized to certify acceptance thereof. 8. RELEASE OF STREET IMPROVEMENT BONDS, TRACT 6244 (LEADERSHIP) The street improvements in Tract 6244 are accepted and the release of the street improvement bond authorized. 9. PROCLAMATION - MARCH OF DIMES The period July 4 - August 31, 1975, is proclaimed March of. Dimes Healthy Baby Summer in the City. ADMINISTRATIVE ITEMS CITY MANAGER 1. REPORT ON CAPISTRANO AIRPORT, LUP 70-103 Council received copies of a report dated June 18, 1975, from the City Manager regarding the Capistrano Airport facility and citing the central issue of whether or not the City wishes to provide a public airstrip runway, side issues and background information. Council discussion followed of the City's current ownership status of the runway, and there was consensus of the Council that an airport facility in the City is desirable. It was moved by Councilman Heckscher to discontinue the airport operation and City involvement in the operation unless a new contract providing for payment of fees to the City for the continued operation can be negotiated within the next 90 days;.such contract to include a guarantee that the operation will be continued for not less than 3 years from the date that the contract is negotiated with an additional extension of 2 years at the option of the City. The motion failed for lack of a second. It was moved by Councilman Nash and seconded by Councilman Heckscher that the agreement'with the operators of the airport be abandoned immediately. The motion failed by the following vote: AYES: Councilman Nash NOES: Councilmen Sweeney, Byrnes, Heckscher and Mayor Weathers ABSENT: None Councilman Heckscher read a letter for the record dated February 18, 1975, from City Treasurer Charles Neal regarding his position on City ownership of the airport runway. Mr. Ed Chermak addressed the Council from the audience regarding the amount of personal property taxes received by the City and County on aircraft tied down at the airport. It was moved by Councilman Heckscher and seconded by Councilman Byrnes to discontinue the airport operation unless a new contract providing for the payment of fees for the use of the airstrip can be negotiated within the next 90 days, such contract to include a guaranty that the -6- - 6/18/75 '402 operation will be continued for a set period of time; and, if no contract can be negotiated within the next 90 days, the support provided by this City fer the airport operation is discontinued. At the request of the City Manager, Councilman Heckscher amended the motion to delete the last portion of the motion, as follows: and, if no contract can be negotiated . operation is discontinued." The seconder of the motion concurred with the amendment. There was no vote on the above motion. It was moved by Councilman Sweeney and seconded by Mayor Weathers that this matter be tabled for consideration at the next regular Council meeting of July 2, 1975, pending receipt of more information and further staff study. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Nash and Mayor Weathers NOES: Councilman Heckscher ABSENT: None Mayor Weathers requested that the City Attorney provide his interpretation of whether or not the City has the option to maintain the runway forever as long as the City maintains it as an airstrip. DIRECTOR OF ADMINISTRATIVE SERVICES 1. PARTICIPATION IN ORANGE COUNTY HOUSING Al Council received copies of a report dated June 18, 1975, from the Director of Administrative Services regarding the recommendation of the League of Women Voters that the City join the Orange County Housing Authority rental program. The Housing Assistance Payment Program is the fundamental Federal strategy for providing housing subsidies to lower income families and is authorized by Section 8 of Title II of the Housing and Community Development Act of 1974. Copies of a proposed agreement between the City and County were provided. The following persons addressed the Council: a. Mr. Jack Gomez of the Orange County Housing Authority. b. Wilma Bloom, President of the League of Women Voters, who stated that the League would like to see citizen participation on the Authority's advisory committee. RESOLUTION NO. 75-6-18-1: ORANGE COUNTY HOUSING AUTHORITY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO$ CALIFORNIA, AUTHORIZING PARTICIPATION IN ORANGE COUNTY HOUSING AUTHORITY It was moved by Councilman Heckscher and seconded by Councilman Sweeney that Resolution No. 75-6-18-1 be adopted. The fourth paragraph of Page 1 of the Agreement is amended to read "Whereas, there is a shortage of dwelling accommoda- tions in such City available to persons of low income at rentals they can afford." The motion carried by the following vote: -7- 6/18/75 AYES: Councilmen Sweeney, Heckscher and Mayor Weathers NOES: Councilmen Byrnes and Nash ABSENT: None ADJOURNMENT Council recessed to Executive Session at 11:10 P.M., and pursuant to Council Resolution No. 75-3-5-6 Mayor Weathers directed that all further agenda matters be continued for consideration at the next meeting date of Wednesday, June 25, 1975, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, APPROVED: JAME6 K. NVENrHERS , YO By. J hn B. Sweeney, Mayor pro tem -8- 6/18/75