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75-0806_CC_Minutes_Regular Meeting43 AUGUST 6, 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 7:00 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 COUNCILMEN ABSENT: James K. Weathers, Mayor John B. Sweeney, Mayor pro tem_ Councilman Roy L. Byrnes Councilman Douglas B. Nash Councilman Yvon O. Heckscher STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy, Director of Public Works/City Engineer; Larry Lawrence, Assistant Planner; John O'Sullivan, Director of Administrative Services; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Regular Meeting of July 16, 1975, be approved as submitted. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that the Minutes of the Adjourned Regular Meeting of July 21, 1975, be approved as submitted. It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that the Minutes of the Adjourned Regular Meeting of July 23, 1975, be approved as submitted. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Adjourned Regular Meeting of July 30, 1975, be approved as submitted. MINUTE FORMAT It was the consensus of the Council that under the section entitled "Recess and Reconvene" future Minutes merely reflect that the Council recessed, rather than stating, "Council recessed for a coffee break. . ." MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that all resolutions and ordinances be read by title only. ORANGE COUNTY,HEALTH PLANNING COUNCIL - PRESENTATION Mr. -John C. Gibson, City representative to the Orange County Health Planning Council, presented a copy of the 1975 Orange County Health Services Plan, with the suggestion that the Plan be forwarded to the Planning Commission for use as reference material. BIDS, CONTRACTS, AGREEMENTS 1. PUBLIC WORKS VEHICLE STORAGE BUILDING - REJECTION OF BIDS Council received copies of a report dated August 6, 1975, -1- 8/6/75 435 from the Director of Public Works setting forth the results of bids opened on July 25, 1975, for the proposed Public Works Vehicle Storage Building. Three bids were received; however, each bid was found to contain errors. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that all bids received for the proposed construction of the Public Works Vehicle Storage Building be rejected, and the City Engineer authorized to re -advertise the project. PUBLIC HEARINGS 1. PROPOSED HOME WARRANTY PROGRAM (CONTINUATION) Notice having been given as required by law, Mayor Weathers declared the Public Hearing re -opened on the proposed adoption of an ordinance requiring sellers of new residential dwelling units to provide home warranties to insure against faulty workmanship and materials and major construction defects. The matter is continued from the Council meeting of June 18, 1975. Mayor Weathers inquired if anyone in the audience wished to address the Council and the following persons did so: 1. Manuel Perez, Director of Governmental Affairs for the Building Industry Association. Mayor Weathers directed that the City Manager provide Mr. Perez with a copy of the minutes of the Home Warranty Committee meeting held August 4th. 2. Roger Grable, representing Mission Glen Homes, a Robert Maurer subdivision. 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. Council received copies of the proposed Home Warranty Program ordinance as revised on August 5, 1975. Councilman Sweeney advised -that the major points considered by the Committee were the amount of bond required by builders, the effect of a builder's participation in the National Association of Home Builders warranty program, the size of developments to be included in the program, and the inclusion of a section in the ordinance dealing with arbitration of disputes. After general Council discussion, Mayor Weathers directed that the matter be tabled and the Public Hearing continued to the next regular meeting date of Wednesday, August 20, 1975. Mr. Perez and Air. Grable are to be provided with copies of the proposed ordinance, including the latest revisions. 2. EMPLOYEES CLASSIFICATION AND SALARY PLAN - AMENDMENTS Notice having been given as required by law, Mayor Weathers declared the Public Hearing open on the proposed amendments to the City's Salary Plan and advised that the items under consideration are a 6% salary increase for all employees with the exception of the City Manager and the City Clerk, and the addition of a "floating holiday." Mayo:• Weathers inquired if anyone in the audience wished to address the Council on this matter. There being no response, the Mayor declared the Public Hearing closed.. -2- 8/6/75 mir!A UTION NO, 75-8-6-1: AMENDING EMPLOYEES' CLASSIFICAT nivu oxtl,H111 Y11t N - t1 nGC,VLUI.CVA UT ,1,11,, UI"I,I uUU1VUIL UN CITY OF T_J1J1T1A' CAPISTRANO, CALIFORNIA, AMENDING THE EMPLOYEES' CLASSIFICATION AND SALARY PLAN It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that, with the incorporation of the changes suggested in the City Attorney's memorandum of August 6, 1975, Resolution No, 75-8-6-1 be adopted, 3. ESTABLISHMENT OF DEVELOPMENT FEES AND BONDING SCHEDULES Notice having been given as required by law, Mayor Weathers declared the Public Hearing open on the proposed establish- ment of development fees and bonding schedules for the processing of development plans, divisions of land, administrative matters, and construction inspections, The Mayor inquired if anyone in the audience wished to address the Council on this matter; and, there being no response, declared the Public Hearing closed with the right to re -open at any time. Council discussed the report dated August 6, 1975, received from the Public Works Director and the need for clarification in portions of the proposed Resolution, Mayor Weathers declared the Public Hearing continued to the next regular meeting date of Wednesday, August 20, 1975. 4. LAND USE MANAGEMENT CODE (CONTINUATION) Notice having been given as required by law, Mayor Weathers declared the Public Hearing re -opened on the proposed Land Use Management Code and Official Zoning Map and inquired if anyone in the audience wished to address the Council on this matter; there being no response, the Mayor declared the Public Hearing closed. Council considered the report dated August 6, 1975, from the Director of Planning forwarding a list of items designated for reconsideration and/or Planning Commission recommendation, It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that the report be referred to the Planning Commission for further recommendation to the Council; the City Council reserves the right to send a supplemental report to the Planning Commission. ORDINANCES 1. ESTABLISHING CITY BOARDS AND COMMISSIONS (INTRODUCTION) Council received copies of a report dated August 6, 1975, from the City Manager forwarding copies of a proposed ordinance establishing uniform procedures for all City boards and commission. It was the consensus of the Council that the following amendments be made to the ordinance: (a) Membership: Section 1. B. Service: Strike the words 11 . , at the pleasure of the City Council." and insert the words ". . . for a one year term." Section 1. E. Absence of Members: In the first paragraph, insert the word "sufficient" between "without" and "cause." In the second paragraph, insert the words "of sufficient cause" after the words ". . . excused absence . . ." -3- 8/6/75 437 (b) Architectural Board of Review: ection ewor as follows: "To implement or amend the Design Element of the General Plan." (c) Cultural Heritage Commission: ection . Membership: hange the wording from at least Tive of whom shall be ." to two (2) of whom are not required to be ." Section 3.D. (2): Reword the last sentence as follows: "The Commission shall notify the owner of any item on the list of any special City requirements applicable to their property." (d) Development Review Board: The Deve opment Review Board and the Environmental Review Board are to be combined into one Board. The present Section 4.C. (1) is to be added to the Environmental Review Board as Section C. (7) when reworded as follows: To process development applica- tions, and to insure that development projects have been reviewed prior to consideration by the Planning Commission." (e) Traffic Commission is to be retitled "Traffic and Transportation Commission," Section D. Insert the words "and including public parking facilities" between the words ". . circulation matters" and "for development projects." ORDINANCE NO. 292: ESTABLISHING CITY BOARDS AND COMMISSIONS N ORDINANCE OF THE CITY OF PI N, CALIFORNIA, CREATING AND ESTABLISHING POWERS AND RESPONSIBILITIES FOR CITY BOARDS AND COMMISSIONS was read by title by the City Attorney. It was moved by Councilman Byrnes and seconded by Councilman Nash that Ordinance No. 292 be introduced. The motion carried by the following vote: AYES: Councilmen Byrnes, Nash and Mayor Weathe7rs NOES: Councilman Sweeney ABSENT: Councilman Heckscher Councilman Sweeney stated for the record that he had cast a negative vote due to the fact that citizen members were not included on the Development Review Board and the Environmental Review Board. Councilman Sweeney requested receipt at least semi-annually of attendance records for Council appointed Committees and Commissions. WRITTEN COMMUNICATIONS 1. REFUSE REMOVAL - REQUEST FOR RATE I Council received copies of a letter received on July 3, 1975, from Truman W. Smith Disposal Company requesting a 50Q per month, per unit increase in the current rate for residential refuse removal. It was the consensus of the Council that the request and a financial report be referred to staff for report to the Council. 2. PARKS AND RECREATION - PROPOSED FACILITIES AT LONG PARK Council received copies of a petition dated July 22, 1975, in opposition to the proposed installation of picnic and -4- 8/6/75 488 - rest room facilities at the intersection of Via Los Pajaros and Camino Capistrano. Letters on this subject were also received from the following residents: 1. Mr. and Mrs. Earl Dowell, 31242,Paseo Olivos, requesting consideration of relocation of the public facilities and effective traffic control measures. 2.. Mr. and Mrs. M. G. Armstrong, 31311 Paseo Naranja, withdrawing their names from the petition. 3. Mrs. Vinton Frost, President of the Casa Capistrano Association, Inc., advising that the petition does not represent an official action of the Board of Directors of the Association. Council directed that the petition and letters be received and filed. 3. SAN JUAN CAPISTRANO LIBRARY Council received copies of a letter dated July 25, 1975, from the Friends of the Library regarding the lack of space at the Branch Library in El Adobe Plaza. Mayor Weathers directed the City Manager to submit another report to the Council on the possible use of the Westport Design Center located on Camino Capistrano as an interim library site. ORAL COMMUNICATIONS 1. PARKS AND RECREATION - PROPOSED FACILITIES AT LONG PARK Mr. Bill Fischer, 21192 Paseo Acacia, member of the Casa Capistrano Association, Inc., addressed the Council regarding the petition referred to in "Written Communications," and apologized for the emotional tone of the petition. Mr. Fischer stated.that the developer of the Casas had donated funds for a neighborhood park and that the Association would like to participate in the planning of a neighborhood park. Mayor Weathers requested that the Public Works Director meet with Mr. Fischer to go over park plans. Manuel Perez also addressed the Council on this subject to inquire if the Long Park project would be subject to review by the Architectural Board of Review. 2. PARKS AND RECREATION - PROPOSED NAME FOR LONG PARK Gloria Rogers, 30131 Branding Iron Road, addressed the Council to recommend that the name of Robert McCollum would be appropriate for the area known as Long Park. RECESS AND RECONVENE Couacil recessed to an Executive Session at 8:55 P.M. for discussion of legal matters and reconvened at 9:20 P.M. TRACT 8485 (STANDARD -PACIFIC) PUBLIC HEARING DATE SET Mayor Weathers announced the setting of a Public Hearing for the Regular Council Meeting of October 1, 1975, for the purpose of determining whether Tentative Tract Map 8485 (Standard -Pacific Corporation) is consistent with the City's General Plan. The proposed Tract is a 38 -acre parcel of land fronting the -5- 8/6/75 439 Ortega Highway located approximately two miles east of the intersection of the Ortega Highway and the San Diego Freeway. CONSENT CALENDAR Councilman Sweeney commented on City investments as listed on the List of Demands and requested that Council receive a memorandum from City Treasurer Charles Neal regarding City investment procedures. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that the staff recommendations be approved with regard to the following matters: 1. APPROVAL OF WARRANTS OF AUGUST 6, 1975 The List of Demands dated August 6, 1975, Warrant Nos. 5481 through 5589, inclusive, and 1911 Act Account Warrant Nos. 0160, 0161, 0162, 0163, and 0164, in the total amount of $498,975.55, were approved as submitted. 2. REPORT OF PLANNING COMMISSION ACTIONS FOR JULY 15, 1975 The Report of actions taken by the Planning Commission at their regular meeting of July 15, 1975, was received for information. 3. ORANGE COUNTY HEALTH PLANNING COUNCIL - RECONFIRMATION OF APPOINTMENT TO ASSEMBLY OF DELEGATES The appointment of John C. Gibson as the City's representative to the Orange County Health Planning Council Assembly of Delegates is reconfirmed and the Mayor authorized to sign a letter so advising the Planning Council. 4. REQUESTS FOR PERMITS FOR DOOR-TO-DOOR SOLICITATION The requests received from the following service, charitable and religious organizations for permission to solicit for funds within the City are approved, contingent upon receipt of completed application forms: (a) Girl Scout Council of Orange County, Calendar Sales, October 31 - November 24, 1975. (b) Orange County Epilepsy Society, Month of November, 1975. (c) Cystic Fibrosis Foundation, August 15 - September 15, 1975. (d) Leukemia Society of America, September 5 - 20, 1975. (e) Seventh Day Adventists Community Crusade. 5. PROCLAMATION - LEUKEMIA WEEK As requested by the Tri -County Chapter of the Leukemia Society of America, the week of September 7 - 13, 1975, is proclaimed Leukemia Week in the City. ADMINISTRATIVE ITEMS CITY MANAGER 1. ENVIRONMENTAL REVIEW BOARD COMPOSITION Council received copies of a report dated August 6, 1975, -6- 8/6/75 IPA 2` 1 from the City Manager reviewing the structure of the Environmental Review Board established by Resolution No. 73-1-22-3. It was the consensus of the Council that the Board not be restructured. DIRECTOR OF ADMINISTRATIVE SERVICES 1. 1975-76 FISCAL BUDGET - SCHEDULE FOR WORK SESSIONS Council received copies of a report dated August 6, 1975, forwarding a proposed schedule of Adjourned Council Meetings to be held for the purpose of discussing the 1975-76 City budget and adoption of the 1975-76 City tax rate. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that the dates of August 13, 18, 21, 25 and 27, 1975, be set as budget work sessions; and, the date of August 28, 1975, set as a meeting date to adopt the 1975-76 City tax rate. CITY COUNCIL VACATION SCHEDULES Councilman Byrnes advised that he would be on vacation from August 23rd to September 6, 1975. Mayor Weathers announced that he would be on vacation from August 27, 1975, for one week. DIRECTOR OF PLANNING 1. INITIATION OF GENERAL PLAN AMENDMENT NO. 1 Council received copies of a report dated August 6, 1975, from the Director of Planning regarding the initiation of the first General Plan Amendment. The Amendment would include the following items: (a) Consideration of a change to the land use designation in the General Plan for a 153 -acre parcel of land adjacent to and easterly of Tract 6427, as petitioned by Mission Hills Ranch, Inc. (b) An Amendment to the General Plan by the addition of equestrian trails to the Parks and Recreation Element; the trails to serve areas commonly known as the Misner Tract and the valley east of San Juan Park north on the on the Ortega. Highway. The proposed Amendment is initiated by the Planning Commission. (c) An Amendment to residential land use densities on the hillside west of Del Obispo Street near Calle Aspero and Paseo de la Paz, as initiated by the Planning Commissi (d) An Amendment from the land use designation of Open Space to that of Quasi -Industrial on a parcel of land at the northeast corner of Camino Capistrano and Via Serra, as petitioned by Ralph Marsden. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that the first General Plan Amendment for calendar year 1975 be initiated; the Amendment to consist of the four projects set forth above. Mayor Weathers advised that the initiation of the General Plan Amendment does not constitute Council approval. -7- 8/6/75 441 DIRECTOR OF PUBI:IC WORKS/CITY ENGINEER 1. LICENSE AGREEMENT FOR STORM DRAIN PURPOSES - 1CHI ON TOP EK L S P FE R I,WA SMYTH BROS. Council received copies of a report dated August 6, 1975, from the Director of Public Works regarding a storm drain to be constructed under the railroad right-of-way and the northeasterly portion of the airport to San Juan Creek in conjunction with the construction of the second phase of the Smyth Bros. Project, Parcel No. 121-171-28. It is necessary for the City to obtain a license agreement with the railway so that the developer may commence construction; the City will maintain the storm drain. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to approve the license agreement between the City and the Atchison, Topeka & Santa Fe Railway and to authorize the Mayor to execute the agreement on behalf of the City. 2. S.E.R.R.A. BUDGETS - GENERAL FUND AND PROJECT COMMITTEE N0. 3 Council received copies of a report dated August 6, 1975, from the Director of Public Works forwarding proposed fiscal budgets for the S.E.R.R.A. General Fund, and for Project Committee No. 3, the operation and maintenance of the ocean outfall. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the Southeast Regional Reclamation Authority budgets be ratified and payments approved as follows: The payment of the City's $2,500 share of the S.E.R.R.A. General Fund budget total of $15,000; The payment of the City's $7,810 share of the S.E.R.R.A. Project Committee No. 3 Fund budget total of $48,600. 3. S.E.R.R.A. PROJECT COMMITTEE NO. 9 BUDGET (WATER RECLAMATION) Council received copies of a report dated August 6, 1975, from the Director of Public Works regarding the proposed formation of Project Committee No. 9 which would investigate the feasibility of establishing specific water reclamation projects in the San Juan Basin. RESOLUTION NO. 75-8-6-2: S.E.R.R.A. PROJECT COMMITTEE NO. 9 - WATER RECLAMATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY O F. CAPISTRANO, CALIFORNIA, WHEREBY THE CITY WOULD BECOME A MEMBER AGENCY IN S.E.R.R.A. PROJECT COMMITTEE NO. 9 - WATER RECLAMATION It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that Resolution No. 75-8-6-2 be adopted. The Resolution approves the Project Committee proposed budget of $7,000; Staff is authorized to include the City's $1,667 share of the Project in the City's fiscal year 1975-76 budget for Council consideration. 4, SCHOOL DISTRICT REGIONAL OCCUPATION PROGRAM - USE OF CITY WATER -POLLUTION CONTROL FACILITY Council received copies of a report dated August 6, 1975, from the Director of Public Works advising that the Capistrano -Laguna Unified School Districts Regional Occupa- tion Program is interested in forming a high school class -8- 8/6/75 at the San Juan Capistrano Water Pollution Control Facility to be taught by an employee of the plant. It wa,i moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to approve the concept of joint participation between the City and the Capistrano - Laguna Regional Occupational Program, and to direct staff to draw up an agreement with the School District, subject to tho approval of the City Attorney. COMMISSIONS, BOARDS, COMMITTEES: PARKS AND RECREATION COMMISSION 1. SURVEY QUESTIONNAIRE Council received copies of a report dated July 31, 1975, from the Recreation Coordinator forwarding a proposed questionnaire to be sent to all residents of the City in order to conduct a Parks and Recreation needs assessment. Some amendments to the questionnaire were directed by Council. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried to approve the printing and mailing of the questionnaire using the Pennysaver magazine. 2. NAMING OF PARKSITE ("LONG PARK") Council received copies of a report dated August 6, 1975, from the Director of Public Works forwarding the recommendation of the Parks and Recreation Commission that the City declare the area on the westerly side of Camino Capistrano in the vicinity of Oso Road and La Zanja to be officially named "E1 Camino Park," The Commission had also considered naming the area as "Camino Capistrano Park," "Bicentennial Park," or "E1 Camino Real Park." Council.discussion ensued of naming parksites and plazas after notable City residents. Mr. Bob Olsen addressed the Council in favor of naming the Long Park area after Robert McCollum, as requested earlier in the meeting under the "Oral Communications" portion of the agenda. Mayor Weathers directed that this matter be tabled for reconsideration at the Council meeting of August 20, 1975. PLANNING COMMISSION 1. APPEAL. OF COMMISSION DECISION (EL NIDO MOBILE ESTATES) Mayor Weathers advised that this item had been withdrawn from the Agenda. SIGN COA1411ITTEE REPORT The report from the Sign Committee will be submitted for Council consideration at the Adjourned Regular Meeting of August 13, 1975. VIA DE AGUA TRAFFIC STUDY COMMITTEE REPORT Council received copies of a report dated August 6, 1975, from the Director of Public Works forwarding the results of the Via de Agua Study Committee meetings with regard to present and future traffic conditions on Via de Agua due to the construction of the ,Meredith Tract, Mr. Murphy reviewed the progress of the Committee and the study alignments, Councilman Nash explained the complexities of the Committee's recommended alternative, -9- 8/6/75 443 Councilman Byrnes left the meeting at 10:10 P.M. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to authorize an expenditure of $15,000 toward grading costs on the Route "D" Window Hill alignment, which would be a temporary dry weather construction road; these funds would be used after acquiring authorization to enter the properties. Permission to use the temporary road for construction traffic would be for a one-year period of time. Mr. Gary Hausdorfer, President of the Alto Capistrano Homeowners' Association, addressed the Council to state his concurrence with the concept of Route "D" for a one-year period of time. Mayor Weathers set the date of Saturday, September 13, 1975, at 9:00 A.M. in the City Council Chamber for a joint City Council/ Planning Commission study session to review the proposals. TRAFFIC - ORTEGA HIGHWAY REPORT Council received copies of a report dated August 5, 1975, from Councilman Nash entitled "Proposal for City -Conducted Improve- ments to Two Sections of Ortega Highway Within City Limits." The report outlines proposed remedies for straightening the dangerous curves on the Highway, since improvements to be made by the California Department of Transportation are delayed indefinitely. It was moved by Mayor Weathers that the report be referred to the Public Works staff for coordination with Councilman Nash. The motion failed for lack of a second. It was moved by Councilman Sweeney, seconded by Mayor Weathers and unanimously carried that staff be directed to examine the plan and come back with a refined cost estimate. COUNCIL REMARKS 1. CITY PROJECTS AND PRIORITY LISTS Councilman Sweeney suggested that a list of priority projects for the coming year should be compiled. Councilman Nash concurred. 2. TAX REFORM Councilman Sweeney noted a letter from Monterey, California, setting forth fundamental property tax reform. 3. PLAZA OF SAN JUAN Councilman Nash noted a letter from Mr. Parker, Chairman of the Bicentennial Committee for the Orange County Lawyers Association, offering his services to the City in order to perform research to ascertain whether certain property in the City is privately or publicly owned. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:35 P.M. to the next meeting date of Wednesday, -10- 8/6/75 444 August 13, 1975, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, MARY O. CITY CLERK APPROVED: -11- 8/6/75