Loading...
75-0721_CC_Minutes_Regular Meetingr 422 JULY 16, 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 7:15 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Mr. Gerald O. Blanton 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 Douglas B. Nash COUNCILMEN ABSENT: Councilman Yvon 0. Heckscher STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy, Director of Public Works/City Engineer; George Lohnes, Associate Civil Engineer; David J. Smith, Director of Planning; John O'Sullivan, Director of Administrative Services; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that the Minutes of the Adjourned Regular Meeting of June 25, 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 July 2, 1975, be approved as submitted. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that the Minutes of the Adjourned Regular Meeting of July 9, 1975, be approved as submitted. MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that all resolutions and ordinances be read by title only. PUBLIC HEARINGS 1. REQUEST FOR CABLE TV RATE INCREASE - TM COMMUNICATIONS CONTINUATION Notice having been given as required by law, Mayor Weathers declared the Public Hearing on the request of TM Communications re -opened and inquired if anyone in the audience wished.to address the Council. Air. Richard Young, of Orange County Cable Communications Company appeared and introduced lir. Ernest W. Watson, consultant in public utility revenue requirements. Mr. Watson, of 535 Ocean Avenue, Santa Monica, addressed the Council on behalf of the Company and in support of their proposed increased rate schedules. Mr. Harold Glasser, 27092-A Paseo Burladero, addressed the Council and questioned the need for a rate increase due t.> the increases in the number of subscribers served by the Company. Mr. Glasser was advised that the company has a total of 468 subscribers in the City located in the Sun Hollow develop- ment and that they expect to service the E1 Nido Mobile Estates and the Meredith Tract when they are completed. The franchise agreement between the City and TM Communications was entered into in December, 1963, for a 25 -year period of time. -1- 7/16/75 423 There being no one else wishing to address the Council, Mayor Weathers declared the Public Hearing closed. It was moved by Councilman Byrnes, seconded by Mayor Weathers and unanimously carried to approve the following amended rate schedule of TM Communications Company: Installation Charges iugie Unit - First Outlet Residential - Additional Outlet Commercial Move Outlet (relocation - same residence) Reconnects Disconnects Service Call/Repair $20.00 7.50 Time & Materials 10.00 10.'00 No charge No charge Monthly Service Charges Single Dwelling Unit - First Outlet $ 6.75 Additional Outlets 2.00 Converter (over 12 channels) 2.00 Commercial Accounts (multiple dwellings, apartments, mobile home parks, condominiums) First Outlet Each Living Unit $ 5.25 Additional Outlets 1.60 Hotel - Motel, One Outlet Per Unit 3.00 2. WEED ABATEMENT CHARGES Mayor Weathers advised that the Public Hearing on Weed Abatement Charges has been rescheduled for the Council meeting of Wednesday, July 23, 1975. There was no one in the audience wishing to express their views at this time. 3. PROPOSED AMENDMENT TO PERSONNEL RULES & REGULATIONS - SET HEARING DATE Mayor Weathers set Wednesday, August 6, 1975, at 7:00 P.M. in the City Council Chamber as the hearing date on proposed amendments to the City's Personnel Rules & Regulations. RESOLUTIONS 1. INTERIM BUDGET FOR FISCAL YEAR 1975-76 Council received copies of a report dated July 16, 1975, from the Director of Administrative Services forwarding a Summary of Estimated General Fund Expenditures by Function & Activity for fiscal year 1975-76 and also forwarding a proposed Resolution whereby an Interim Budget may be adopted to allow the City to continue operations until Public Hearings are conducted and the formal 1975-76 City Budget is adopted. RESOLUTION NO. 75-7-16-1: INTERIM BUDGET A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING AN INTERIM BUDGET FOR FISCAL YEAR 1975-76 was read by title by the City Attorney. It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Resolution No. 75-7-16-1 be adopted. -2- 7/16/75 24- =2. PROPOSED STREET VACATION - PORTION OIC' DEL OBISPO STREET Council received copies; of a report dated July 1.6, 1975, from the Director of Public Works forwarding a proposed Resolution Declaring Intention to Vacate Portion of Del Obispo Street. The area in question consists of approxi- mately 0.42 acres of land east of the existing Del Obispo Street between Paseo de la Paz and Calle Aspero. The strip of land was created by the realignment of Del Obispo Street, and Mr. Harry Falklam has requested that the land be returned to him. Councilman Nash suggested that Council consider this property for possible use as a bike trail rest stop, since it is located approximately half way between Dana Point and downtown San Juan Capistrano and is currently used by cyclists for this purpose. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the matter be referred to Staff and that study be given to the use of the property as a bicycle rest stop. Discussion of this proposed use is to be held with the members of the Parks and Recreation Commission. ORAL C0MMUNICATI0NS 1. INTERIM BUDGET Marilyn Williams, 29931 Camino Capistrano, addressed the Council regarding building permit revenue as set forth in the 1975-76 Interim Budget adopted by Resolution No. 75-7-16-1. 2. IiISTORICAL PRESERVATION - LOS RIOS AREA Mr. James Trullis addressed the Council in favor of a commercial use for the Hirsch property in the Los Rios Area. The item is discussed later on the agenda under Director of Planning matters. CONSENT CALENDAR Councilman Nash commented regarding City travel expenses; zone variance 75-8 -the E1 Adobe roof sign; and the Annual Report of the Planning Commission. 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. ADDITIONAL WARRANTS OF JULY 2. 1975 The additional warrants dated June 30, 1975, Nos. 5322 through 5328, inclusive, and 1911 Act Account Warrant No. 0157 in the total amount of $46,501.35, were approved as submitted. 2. APPROVAL OF WARRANTS OF JULY 16. 1975 The List of Demands dated July 16, 1975, Warrant Nos. 5418 through 5480, inclusive, and 1911 Act Account Warrant No. 0159, in the total amount of $361,136.64, were approved as submitted. 3. REPORT OF PLANNING COMMISSION ACTIONS FOR JULY 1 1975 The report of their regular information. actions taken by the Planning Commission at meeting of July 1, 1975, was received for -3- 7/16/75 4. CITY TREASURER'S REPORT The City Treasurer's Report of 1911 Act Delinquent Bonds as of July 7, 1975, was received for information. 5. STAFF REPORTS FOR JUNE, 1975 425 The Staff Reports for the month of June, 1975, from the Department of Administrative Services, the Planning Depart- ment, the Director of Public Works, and the Engineering, Consultant Engineering, and water Pollution Control Facility Divisions of the Public Works Department, were received for information. 6. PLANNING COMMISSION ANNUAL REPORT Council received copies of the Annual Report of the Planning Commission for fiscal year 1974-75 for information. 7. CITY TREASURER'S REPORT OF FUND CASH BALANCES The City Treasurer's Summary Statement of Fund Cash Balances for the eleven months ended May 31, 1975, was received for information. ADMINISTRATIVE ITEMS CITY MANAGER 1. AIRPORT REPORT Mayor Weathers directed that this matter be held over until Councilman Heckscher is available. He requested that Council receive copies of the motion made by Nr. Heckscher at the meeting of June 18, 1975, with regard to the Capistrano Airport. DIRECTOR OF PLANNING 1. HISTORICAL PRESERVATION - REOUES Council received copies of a report dated July 16, 1975, from the Director of Planning forwarding a letter from Claudia Hirsch, owner of the property at 31661 Los Rios Street. She addressed the Council regarding her request for approval of a commercial use for the property. She has also requested permission to build a trellis over the existing grape arbor on the property. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that authority be granted to the applicant to obtain a building permit for the trellis work construction contemplated by the owner and that her letter be referred to the Cultural Heritage Commission for a recommendation regarding the establishment of a commercial use and that the required improvements, both on-site and off-site, be referred to the Planning Commission. There is no indication by this Council action to either approve or deny the requested use. The matter is scheduled to be heard by the Cultural Heritage Commission and the Planning Commission at their meetings of August 19, 1975, and is scheduled to be re -heard by the City Council at their meeting .of September 3, 1975. -4- 7/16/75 26IRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. DRAINAGE FEES - REQUEST FOR EXEMPTION (EL NIDO MOBILE ESTATES) Council received copies of a report dated July 16, 1975, from the Director of Public Works regarding the request of the developers of the E1 Nido Mobile Estates for an exemption from the .requirement of paying drainage fees in conjunction with the mobilehome park on the Ortega Highway. After clarification by the Director of Public Works, it was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to require the payment of drainage fees for E1 Nido Mobile Estates with the provision that credit be given for Master Plan of Drainage facilities installed in the project at the discretion of the City Engineer, upon the receipt of substantiating invoices. 2. UNDERGROUND UTILITIES - REQUEST FOR WAIVER, TENTATIVE TRACT 7�0- /nVT r wren O� ATAfTr Tr n n rt.T L`C TAi0 3. Council received copies of a report dated July 16, 1975, from the Director of Public Works regarding the request of Zellner Communities, Inc., for a waiver of the requirement for undergrounding of utilities along Trabuco Road in conjunction with their development of Tentative Tract 7387. Planning Commission Resolution No. 72-5-16-1 imposed the following condition No. 11: "That all electrical or tele- phone facilities within existing boundaries of the tract, and right-of-way of any public street adjacent to the tract, shall be placed underground; it shall be the responsibility of the developer to bear all expenses to meet this require- ment. TV cable service shall be installed prior to pavement of streets, and all portions of same including on-site lines shall be underground." James Cohn and Robert McKinley addressed the Council on behalf of the developer. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to deny the request for waiver of undergrounding utilities on Trabuco Road and to require undergrounding consistent with Planning Commission Resolution No. 72-5-16-1. Council received copies of a memorandum dated July 16, 1975, from the Director of Public Works regarding a proposed policy providing for the sweeping of private streets by City services, at City cost, as requested by the Board of Governors of San Juan Hills. Harold Glasser, 27092-A Paseo Burladero, addressed the Council in favor of the proposal. It was moved by Councilman Sweeney and seconded by Councilman Nash to adopt a policy providing for contract services to homeowner associations for street sweeping operations at actual costs and to authorize the City Manager to negotiate a formal agreement with the Board of Governors of San Juan hills. There was no vote on the motion. Mayor Weathers questioned the possibility of setting a precedent in providing this service on private streets and noted that the City would be competing with private enter- prise. Councilman Sweeney suggested that the policy be adopted for a 6 -mouth period of time. -5- 7/16/75 It was moved by Councilman Nash and seconded by Councilman 4 2 Sweeney that-, the matter be tabled. The motion carried by L Lhe following vote: AYES: Councilmen Byrnes, Nash and Mayor Weathers NOES: Councilman Sweeney ABSENT: Councilman Heckscher Staff is directed to supply Council with operating figures per mile for operating the City streei; sweeper and to investigate the potential for private enterprise to perform tine work. RECESS AND RECONVENE Council recessed for a coffee break at 9:35 P.M. and reconvened at 9:50 P.M. DIRECTOR OF ADMINISTRATIVE SERVICES 1. CITY SUPPORT OF COMMUNITY GROUPS - PROPOSED FORMAT Council received copies of a report dated July 16, 1975, frcuu the Director of Administrative Services forwarding a suggested format to be completed by all community groups requesting the City's financial support for the 1975-76 fiscal year. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to adopt the format and to direct Staff to publicize the fact that Council will be considering requests for financial support from community groups during 1975-76 budget discussions. Council noted that any organizations requesting support may add additional information to the forms supplied by the City. BOARDS, COMMITTEES, COMMISSIONS 1. TRAFFIC AND TRANSPORTATION COMMITTEE - TRAFF'IC SAFETY CONDITIONS ON ORTEGA HIGHWAY Council received copies of a report dated July 16, 1975, from the Director of Public Works regarding the number of traffic accidents which occur at the approaches to the curves on the Ortega Highway. It was moved by Councilman Sweeney and seconded by Council- man Nash to direct Staff to urgently request Caltrans to install flashing beacons, as recommended by the Traffic & Transportation Committee. Mayor Weathers clarified that it was the intent of the Committee that the City install barrier type beacons with battery operated flashers, rather than making the request of Caltrans, and Councilman Sweeney withdrew the motion with the concurrence of the second. Cecilia Herman, member of the Traffic & Transportation Committee addressed the Council and further clarified the matter. It was moved by Councilman Byrnes, seconded by Mayor Weathers and unanimously carried to authorize the installation of curve signs with mounted flashing beacon warning lights at the approaches to the curves located on the Orte.-a Highway 0.3, 0.7 and 1.1 miles east of Interstate 5, on an urgent and immediate basis. -6- 7/16/75 2 8 2. AGRICULTURAL STEERING COMMITTEE - SCOPE 01' PHASE II - AGRICULTURAL STUDY Council received copies of a report dated July 16, 1975, from the Director of Planning regarding the scope: of work for Phase I1 of the Agricultural Study and recommending that the Council take no action on this matter, thereby concurring with the direction the consultant receives from the Steering Committee. Mayor Weathers directed that the report be received and filed. Councilman Nash's comments regarding agricultural preservation by land purchase vs, zoning, land value justi- fication, and the conversion from orchards to row crops are to be taken into consideration by the consultant along with input from other Council members. 3. SOUTHEAST.ORANGE COUNTY STEERING COMMITTEE Councilman Nash advised that the Committee had completed its assignment and has disbanded. LAND USE MANAGEMENT CODE - CONTINUATION OF PUBLIC HEARING Notice having been given as required by law, Mayor Weathers re -opened the Public Hearing on the proposed Land Use Management Code and inquired if anyone in the audience wished to address the Council. There being no one wishing to address the Council, Mayor Weathers declared the Public Hearing closed with the right to re -open at any time and ordered the Public Hearing continued to the meeting date of Wednesday, July 23, 1975, at 7:00 P.M. in the City Council Chamber. It was also noted that an adjourned Council meeting would be held on Monday, July 21, 1975, at 6:00 P.M. in the Council Chamber for the purpose of holding a work session on the Land Use Management Code. COUNCIL REMARKS I. PROPOSED CITY USE FOR WESTPORT DESIGN CENTER BUILDING Councilman Sweeney noted that he would be amenable to reconsideration of the possible use of the Westport Design Center building on Camino Capistrano as a City facility. 2. CITY BICENTENNIAL PROMOTION Councilman Sweeney suggested that one of the local organiza- tionsconsider producing a booklet or brochure, possibly based upon recently published articles, to be used for souvenier purposes in celebrating the City's Bicentennial in 1976. 3. SISTER CI Councilman Sweeney suggested that perhaps the establishment of a "Sister City" should be considered. 4. HOMEOWNERS ASSOCIATIONS Councilman Sweeney suggested that perhaps the City could be more supportive of the needs of homeowners association needs. Councilman Nash noted a letter received from Dorothy Groesser of Capistrano Garden Homes homeowners Association #1 citing problems in managing their association. Mayor Weathers directed the City Manager and City Attornay to study the problems encountered by the various homeowners associations. Councilman Byrnes noted the Rothrock Report which had been prepared regarding land use in planned developments and Council requested that copies of the report be distributed to Council members. -7- 7/16/75 42c 5. SANI'T'ATION - S. E. R. R. A. Councilman Nash noted that attendance at the S.E.R.R.A. meetings held in the evenings at the request of Council had been poor and that the Board of Directors would be justified in returning to daytime meetings if attendance does not improve. RECESS AND RECONV Council rec.ecsed to Executive Session at 10:38 P.M. for the purpose of discussing Beet and Confer negotiations and legal matters and reconvened at 11:26 P.M. AGRICULTURAL STEERING COMMITTEE •- APPOINTMENT Mayer Weathers appointed Councilman Nash as a member of the Agricultural Steering Committee to fill the vacancy created by the resignation of Councilman Byrnes. PERSONNEL - MEMORANDUM OF UNDERSTANDING It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that the Memorandum of Understanding dated July 16, 1975, between the City and the San Juan Capistrano City Employees Association be approved for fiscal year 1975-76. PERSONNEL - RETIREMENT SYSTEM RESOLUTION NO. 75-7-16-2: EMPLOYEE RETIREMENT SYSTEM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING EMPLOYEE PARTICIPATION IN THE ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that Resolution No. 75-7-16-2 be adopted. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:28 P.M. to the next meeting date of Monday, July 21, 1975, at 6:00 P.M. in the City Council Chamber. Respectfully submitted, MARY ANN ANOVER, CITY CLERK APPROVED: 7/16/75