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75-0702_CC_Minutes_Regular Meeting412 JULY 2, 1975 REGULAR MEETING 01' THE CITY COUNCIL SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council was called to order by Mayor Pro Tempore John B. Sweeney at 7:15 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was giver, by Father John Martin of the Old Mission Church. ROLL CALL: COUNCILMEN PRESENT: John B. Sweeney, Mayor pro tem Councilman Roy L. Byrnes Councilman Douglas B. Nash COUNCILMEN ABSENT: James K. Weathers, Mayor Councilman Yvon O. Heckscher STAFF PRESENT: James S. Mocalis, City Manager/Deputy City Clerk; John O'Sullivan, Director of Administrative Services; William D. Murphy, Director of Public Works/City Engineer; George Lohnes, Associate Civil Engineer; David J. Smith, Director of Planning; James Okazaki, City Attorney; Patricia B. Hector, Administrative Secretary. MINUTES It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that the Minutes of the Adjourned Regular Meeting of June 11, 1975, be approved as submitted. It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that the Minutes of the Regular Meeting of June 18, 1975, be approved with the following correction on Page 4, third paragraph from the bottom: ". . . increase to $6.50 per dwelling unit" rather than "$0.50." MOTION TO READ BY TITLE ONLY It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that all ordinances and resolutions be read by title only. BIDS, CONTRACTS, AGREEMENTS 1. COUNTY HEALTH SERVICES - EXTENSION OF AGREEMENT It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried to approve the Agreement extending County Health Services through June 30, 1976, to authorize the Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. 2. STREET IMPROVEMENTS - ACCEPT LETTER OF CREDIT IN LIEU OF BOND Council received copies of a report dated July 2, 1975, from the Director of Public Works regarding a request from the Capistrano Valley Baptist Church that the City accept a Letter of Credit in the amount of $20,700 in lieu of a bond for street improvements. The work to be performed includes the construction of sidewalks, curb and gutter, and street paving on Del Obispo Street for a driveway approach associated with the construction of new church facilities. It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried to accept the Letter of Credit in the amount of $20,700, drawn on the Bank of America, San Juan Capistrano Branch, from the Capistrano Valley Baptist Church in lieu of a bond for street improvements, and to have the City Attorney approve the Letter of Credit as to form and legality. -1- 7/2/75 413 3. COUNTY LAW ENFORCEMENT SERVICES - APPROVAL OF AGREEMENT Council received copies of a report dated July 2, 1975, from the City Manager outlining three proposals for law enforcement services submitted by the Orange County Sheriff's Department. On June 18, 1975, copies of the original proposed contract for law enforcement services for 1975-76 were distributed to Council for their perusal. Captain Walter Fath of the Sheriff's Department addressed the Council and stated that all three proposals were equally acceptable to the Sheriff's Department. Proposal II was recommended by the City Manager on the basis that it is the same as the current level of service except for the additional one-half investigative unit. It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried to approve Proposal II, to authorize the Mayor to execute the Agreement for Law Enforcement Services for fiscal year 1975-76 on behalf of the City, and the City Clerk to attest thereto. 4. AGRICULTURAL STUDY, PHASE II il Mayor pro tem Sweeney presented an oral report of the Agricultural Committee Meeting, and Council received copies of a report dated July 2, 1975, from the Director of Planning recommending the undertaking of Phase II of the Agricultural Study. It was moved by Councilman Nash and seconded by Mayor pro tem Sweeney that Phase II of the Agricultural Study be undertaken at a cost not to exceed $8,000. The scope of the study is not to be limited at this point. The motion carried by the following vote: AYES: Councilman Nash and Mayor pro tem Sweeney NOES: Councilman Byrnes ABSENT: Councilman Heckscher and Mayor Weathers PUBLIC HEARINGS 1. REQUEST FOR CABLE TV RATE INCREASE, - TM COMMUNICATIONS (CONTINUATION) Council received copies of a memorandum dated June 23, 1975, from the Director of Administrative Services requesting Council to continue this item to the Meeting of July 16, 1975, in order to allow Staff and TM Communications to thoroughly address Council's questions on the proposed rate increase. Notice having been given as required by law, Mayor pro tem Sweeney declared the Public Hearing on the request of TM Communications for increases in their cable television rate schedules re -opened and inquired if anyone in the audience wished to address the Council. There being no one wishing to address the Council, Mayor pro tem Sweeney declared the Public Hearing continued to Wednesday, July 16, 1975, at 7:00 P.M. in the City Council Chamber. 2. RESOLUTION ESTABLISHING NEW SUBDIVISION FEES AND BOND SCHEDULES - SET PUBLIC HEARING DATE It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried to set Wednesday, August 6, 1975, at 7:00 P.M. in the City Council Chamber as the hearing date on a proposed Resolution establishing new subdivision fees and bond schedules. -2- 7/2/75 414 3. CONFIRMATION OF WEED ABATEMENT CHARGES - Council received copies of a memorandum dated July 2, 1975, from the Director of Public Works stating that in accordance with Ordinance No. 287, Weed and Refuse Abatement, approved by the City Council on April 16, 1975, a contract has been let and the weed and refuse abatement completed. It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried to set Wednesday, July 16, 1975, at 7:00 P.M. in the City Council Chamber, as the date for the Public Hearing establishing weed abatement charges to be assessed against the appropriate properties in the City. 4. LAND USE MANAGEMENT CODE (CONTINUAT Notice having been given as required by law, Mayor pro tem Sweeney announced that this is the time and place set for the continuation of the Public Hearing on the proposed Land Use Management Code and inquired if anyone in the audience wished to present general testimony on the Code. The City Manager suggested that Council accept public testimony and defer Council discussion to the end of the Agenda. Council agreed. The following persons addressed the Council: Mrs. Carol Olivares, regarding the impact of the Code on her property on E1 Camino Real. Roland Olsen, 25952 Ave. Mariposa, asked when copies of revised Chapters 1 and 2 of the Code would be available. The City Manager advised that meetings had been con- cluded and copies would be available during the week of July 7, 1975. Councilman Byrnes asked Mr. Olsen if he would provide Council with copies of the material he referred to during the last Council meeting. Mr. Olsen agreed. The Director of Planning advised that the City has received a letter dated June 30, 1975, from Haworth-Anderson-Lafer, copies of which were distributed this date to members of the City Council and Planning Commission. There being no one else wishing to address the Council, Mayor pro tem Sweeney declared the Public Hearing closed with the right to re -open at any time. CITY COUNCIL - PHOTOGRAPHS Councilman Byrnes presented a photograph of past Councilman Antonio M. Olivares, and stated that Council would like to obtain photographs of other past members of the City Council. ORAL COMMUNICATIONS 1. Jim Vanderhoof, 25692 Via del Rey, addressed the Council in opposition to the Coast Iiighway Bridge Project. Mr. V"anderhoof gave a detailed oral report of his efforts to date and requested Council's support in opposition to this project. RESOLUTION NO. 75-7-2-1: PACIFIC COAST HIGHWAY CONSTRUCTION, SAN JUAN CREEK - A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF SAN JUA—N—CXPISTRANO, CALIFORNIA, REQUESTING THE DEPARTMENT OF TRANSPORTATION, STATE OF CALIFORNIA, TO REVIEW ALTERNATIVE CONSTRUCTION OF THE INTERSTATE ROUTE 5 CONNECTION OF THE PACIFIC COAST HIGHWAY It was moved by Councilman Byrnes, seconded by Councilman -3- 7/2/75 415 Nash and unanimously carried that Resolution No. 75-7-2-1 be adopted expressing the City's concern for visual impairments created by the design of the project and further, to request Caltrans to report on feasible alternatives which may be undertaken to mitigate visual impairment. Copies of the Resolution are to be submitted to Supervisor Riley, the Coastal Commission, Congressional Office, and Assembly- man Badham. WRITTEN COMMUNICATIONS 1. LETTER IN OPPOSITION TO COAST HIGHWAY BRIDGE PROJECT VANDERHOOF Mayor pro tem Sweeney stated that this item had been covered under "Oral Communications." 2, REQUEST FOR FUNDS FOR REPRESENTATION BEFORE PUBLIC UTILITIES COMMISSION T.U.R.N, Council received copies of a letter dated June 4, 1975, from Sylvia M. Siegel, Executive Director of Toward Utility Rate Normalization (T.U.R.N.), requesting an appropriation of $500 from the City to help defray expenses in represent- ing constituents in P.G. & E., Southern California Edison, telephone rate cases, and energy matters. Mayor pro tem Sweeney directed that this matter be referred to Staff for consideration and recommendation. The City Manager advised Council that Mrs. Siegel indicated that she would forward documentation of their efforts in other cities; however, said documentation has not yet arrived. RECESS AND RECONVENE Council recessed at 8:20 P.M. and reconvened at 8:35 P.M. CONSENT CALENDAR It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that the staff recommendations be approved with regard to the following matters: 1. APPROVAL OF WARRANTS The List of Demands dated June 30, 1975, Warrant Nos. 5329 through 5417, inclusive, and 1911 Act Account Warrant No. 0158 in the total amount of $213,177.91 were approved as submitted. 2. REPORT OF PLANNING COMMISSION ACTIONS FOR JUNE 17. 1975 The report of actions taken by the Planning Commission at their regular meeting of June 17, 1975, was received for information. 3. FINAL REPORT - DEL OBISPO STREET IMPROVEMENTS, AHFP 686 RESOLUTION NO. 75-7-2-2: DEL OBISPO STREET AHFP FUNDS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN—M-AR CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCREASE THEIR ALLOCATION FROM ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF DEL OBISPO STREET FROM LOS RIOS STREET TO CAMINO CAPISTRANO - AHFP NO. 686 is adopted. The final report of Del Obispo Street from Los Rios Street to Camino Capistrano, AHFP No. 686 is received and filed. -4- 7/2/75 416 4. ORTEGA HIGHWAY SIDEWALK PROJECT - NO ICE OF COMPLETION RESOLUTION NO, 75-7-2-3: COMPLETION OF ORTEGA HIGHWAY SIDEWALK A RESOLUTION OF THE CITY COUNCIL OF THE CIT OF SAN TUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE RECONSTRUCTION OF ORTEGA HIGHWAY SIDEWALK is adopted. The Resolution determines that the work has been completed in accordance with the contract documents and declares the work to be accepted. The total amount of work performed under the contract is in the sum of $13,357. Within ten days from the date of acceptance, the City Clerk is to file a Notice of Completion with the Orange County Recorder. Upon the expiration of thirty-five days from the filing of the Notice of Completion, Staff is directed to make payment to D. W. Contracting Company in the amount of $1,335.70. 5. ACCEPTANCE OF STREET IMPROVEMENTS AND NEW BONDS, TRACT 6742 PACESETTER The street improvements in Tract 6742 have been completed and are accepted by the City. The existing bonds ($289,400) have been released and the City accepts a new bond for a lesser amount ($75,000). 6. LANDSCAPING PROJECT ON FREEWAY RIGHT-OF-WAY - S N JUAN CREEK ROAD AND C MINO CAPI TRANO The landscape beautification project has been approved and the Director of Public Works has been authorized to obtain the necessary encroachment permit from Caltrans. ADMINISTRATIVE ITEMS CITY MANAGER 1. AIRPORT REPORT The City Manager advised Council that both parties requested that this item be continued to the next regular meeting of the City Council and Mayor pro tem Sweeney directed that the matter be continued to Wednesday, July 16, 1975, at 7:00 P.M. in the City Council Chamber. Councilman Nash stated it was his understanding that an incident took place at the airport this date and requested a brief summary thereof. 2. ORANGE COUNTY FAIR Council received copies of a report dated July 2, 1975, from the City Manager stating that the Orange County Fair Board of Directors has requested the California Horse Racing Board to grant them 14 days of racing at the Los Alamitos Racetrack in conjunction with general fair activities, commencing in 1976. The Orange County Fair has requested the City Council to support their request. Council was provided with a list of approximately 20 cities; who have already given their support. It was moved by Councilman Byrnes and seconded by Mayor pro tem Sweeney to send a letter to the California Horse Racing Board supporting the Orange County Fair Board's request. The motion carried by the following vote: -5- 7/2/75 AYES: NOES: ABSENT DIRECTOR OF PLANNING 41'7 Councilman Byrnes and Mayor pro tem Sweeney Councilman Nash Councilman Heckscher and Mayor Weathers 1. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD - Council received copies of a report dated July 2, 1975, from the Director of Planning recommending approval for an exemption on the basis that the project is consistent with the densities in the General Plan and will be developed under the regulations of the Land Use Management Code. RESOLUTION NO. 75-7-2-4: GRANTING EXEMPTION FROM DEFERRAL PERIOD - A RESOLUTION I UNCIL OF E CIT O B -AY -JUAN CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO TIERRA DEL CABALLO INVESTORS, LIMITED, FOR PROPOSED RESIDENTIAL DEVELOPMENT FROM THE PROVISIONS OF ORDINANCE NO. 2651 AS AMENDED It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Resolution No. 75-7-2-4 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 Council to an action of approval, nor is it to be considered as any indication that an action of approval is being considered. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. UTILITY UNDERGROUNDING - REQUEST FOR WAIVER Council received copies of a report dated July 2, 1975, from the Director of Public Works to which was attached a copy of a letter to Mayor Weathers from Zellner Communities, Inc., seeking relief from the requirements for undergrounding of utilities. It was moved by Councilman Byrnes that this request be denied. The motion failed for lack of a second. It was moved by Councilman Nash, seconded and unanimously carried to table this item regular meeting, and Staff was directed to historical and analytical approach to the BOARDS, COMMITTEES, COMMISSIONS PLANNING COMMISSION by Councilman Byrnes to the next present a clear problem. 1. OFF-SITE SUBDIVISIONSIGN VILLAGE SAN JUAN - APPEAL OF PLANNING COMMISSION E I ZELL E COMMUNITIF' , INC. Council received copies of a report dated July 2, 1975, from the Director of Planning along with a copy of the Planning Commission Staff Report and Minutes. It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried to deny the appeal and to direct that the off-site directional sign for Village San Juan located at Aguacate Road and Del Obispo Street be removed within 30 days from the date of this meeting. -6- 7/2/75 418 2. PLANNING COMMISSION RE -ORGANIZATION - RESULTS OF ELECTION Council received copies of a report dated July 2, 1975, from the Director of Planning regarding the election of new officers of the Planning Commission, and it was noted that to date there has been no re -organization. Council was also presented with a list of applicants for the Planning Commission. Because some of the applications were quite old, the City Manager was directed to contact each applicant by telephone to determine whether or not they would still like to be considered to serve on the Commission. 3. ACCEPTANCE OF RESIGNATION - COMMISSIONER HEIM RESOLUTION NO. 75-7-2-5: COMMENDING CAROL HEIM - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING PLANNING COMMISSIONER CAROL HEIM It was moved by Mayor pro tem Sweeney, seconded by Councilman Byrnes and unanimously carried that Resolution No. 75-7-2-5 commending Commissioner Carol Heim for her service on the Planning Commission and service to the City be adopted. It was moved by Councilman Byrnes, seconded by Mayor pro tem Sweeney and unanimously carried to accept the resignation of Commissioner Heim, effective July 1, 1975, who served on the Planning Commission since May 5, 1970, and as Chairman From May 21, 1974, to March 25, 1975. COUNCIL REMARKS 1. ORTEGA SIDEWALK AND TREES Councilman_ Nash commented on the favorable appearance of the newly -installed Ortega Highway sidewalk and trees. 2. MUNICIPAL DIRECTIONAL SIGNS Staff was directed to have the sign revised to be more consistent with the City ordinance pertaining to signs. 3. FREEDOM TRAIN Councilman Byrnes asked the status of the Freedom Train stop in San Juan Capistrano. The City Manager reported that he had made telephone contact with John Fry, Assistant General Manager of the Santa Fe Railroad, who will give further consideration to our request. The City Manager expects a call back from Mr. Fry and, at that time, will report to Council the results of that call. 4. CITY NEWSLETTER - UPDATE PUBLICATION Councilman Sweeney said he felt this was a very worthwhile effort and hopes we can continue this update. LAND USE MANAGEMENT CODE Council commenced their review of the proposed Land Use Management Code at Page 3-21 and continued through Page 3-47. Upon conclusion of their review, the Public Hearing was continued to the next meeting date of July 9, 1975. -7- 7/2/75 419 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:21 P.M. to the next meeting date of Wednesday, July 9, 1975, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, Mary Ann Hanover, City Clerk -8- 7/2/75