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75-0820_CC_Minutes_Regular MeetingAUGUST 20, 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 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; 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. INTRODUCTION OF SHERIFF PERSONNEL Captain Walter Fath of the Orange County Sheriff's Department addressed the Council on behalf of Sheriff Brad Gates and advised that the City's costs for law enforcement services will be approximately $4,000 less for fiscal year 1975-76 than originally indicated. Lt. Jerry Krans addressed the Council and introduced the members of the Department who will be working in the City. MINUTES It was moved by Councilman Byrnes and seconded by Councilman Sweeney that the Minutes of the Regular Meeting of August 6, 1975, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Nash and Mayor Weathers NOES: None ABSTAIN: Councilman Heckscher ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that all resolutions and ordinances be read by title only. BIDS, CONTRACTS, AGREEMENTS 1. 1976 COUNTY -WIDE CENSUS - AGREEMENT WITH STATE DEPARTMENT OF FINANCE Council received copies of a report from the Director of Administrative Services forwarding a proposed Agreement with the State Department of Finance for services to be rendered in conjunction with the 1976 County -wide census. RESOLUTION NO. 75-8-20-1: 1976 SPECIAL CENSUS RESOLUTION OF THE CITY UU-NCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE RELATING TO PREPARATION OF A POPULATION ESTIMATE -1- 8/20/75 451 It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that Resolution No. 75-8-20-1 be adopted. The Resolution authorizes the Mayor to execute the Agreement on behalf of the City. 2. PUBLIC IMPROVEMENTS - AGREESIENT RE POSTPONEMENT OF REQUIREMENTS, ASSESSOR'S PARCEL NO. 649-101-14 CRUMRINE) Council received copies of a report dated August 20, 1975, from the Director of Public Works forwarding a proposed Agreement between the City and the developers, Charles E. Crumrine and Harriet Crumrine Howard, providing for the postponement of the requirement to install public improve- ments in connection with the division of 10.22 acres into 4 lots, DOL 75-3. The property is located along Ave. de Sacarama adjacent to County unincorporated territory known as the Bear Brand Ranch. The Agreement is a condition of approval of the Planning Commission and provides for the installation of public improvements upon development of the Bear Brand Ranch property. It was moved by Councilman Heckscher and seconded by Councilman Sweeney to approve the Agreement and authorize the Mayor to execute the same on behalf of the City. Council discussion ensued and there was no vote on the motion. It was moved by Councilman Byrnes; seconded by Councilman Nash that the matter be tabled. There was no vote on the motion. Mr. Edward Coley, Attorney at Law representing the Crumrine interests, addressed the Council, as did Mr. Bruce Patterson. It was the consensus of the Council that the floor be cleared of all motions and seconds. It was moved by Councilman Heckscher, seconded by Councilman Byrnes and unanimously carried that the Agreement be approved contingent upon the re -wording of Paragraph No. 1, as follows: 111. City agrees that the public improvements required as a condition of approval of DOL No. 75-3 shall be postponed until such time as the residential land lying northwesterly of and adjacent to Owners' property as shown and depicted on Exhibit "B" is approved for development, at which time said improvements may be required at the option of the City Council; provided that the deeds from developers to their purchasers contain specific language relating to the obligation to make public improvements at the time Bear Brand Ranch is approved for development." The Mayor is authorized to execute the Agreement on behalf of the City. PUBLIC HEARINGS 1. TRAFFIC REGULATIONS - PUBLIC IIEARING DATE Mayor Weathers set the date of Wednesday, September 17, 1975, for the -public hearing on the proposed adoption of an ordinance establishing new traffic regulations within the City. 2. 1975-76 BUDGET AND FISCAL AND COMMUNITY SERVICES PROGRAM - PUBLIC HEARING DATE Mayor Weathers set the date of Wednesday, September 3, 1975, for the public hearing on the adoption of the 1975-76 Budget and Fiscal and Community Services Program. -2- 8/20/75 452 3. REQUEST FOR RATE INCREASE, STORER CABLE TELEVISION - Mayor Weathers set the date of Wednesday, September 3, 1975, for the public hearing on the request of Storer Cable TV, Inc., for general rate increases. Council requested that they be provided with sketches of the areas served by Storer and that they be provided with level of service data, as furnished during consideration of the request of TM Communications for rate increases. 4. 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 August 6, 1975. Mayor Weathers inquired if anyone in the audience wished to address the Council. The following persons spoke in opposition .to the proposed ordinance: 1. George C. Calvan, Executive Vice President of the Building Industry Association of California. 2. Ty Hytson, Attorney at Law, representing the Building Industry Association. 3. Roger Grable, Attorney at Law, representing Mission Glen Homes. 4. Richard Worth, Building Industry Association. 5. Elmer Christiansen, Christiansen & Associates. 6. Ed Rabalais, Westport Home Builders. The following persons spoke in favor of the proposed ordinance: 1. Louis Twyman, Sun Hollow Home Owners Association. 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. After Council discussion of the proposed ordinance, Mayor Weathers declared the Public Hearing continued to the next regular meeting date of Wednesday, September 3, 1975. 5. ESTABLISHMENT OF DEVELOPMENT FEES AND BONDING SCHEDULES Notice having been given as required by law, Mayor Weathers declared the Public Hearing re -opened on the proposed establishment 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 Haring closed. Councilman Sweeney requested that the wording in Section 6. B. of the Resolution be amended from . . of less than 50 units." to ". . . of 49 units or less." -3- 8/20/75 453 RESOLUTION NO. 75-8-20-2: DEVELOPMENT FEES AND BONDING SCHEDULES -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SFN JUAN CAPISTRANO, CALIFORNIA, ESTABLISIIING DEVELOP- MENT FEES AND BONDING SCHEDULES FOR TIIE PROCESSING OF DEVELOPMENT PLANS, DIVISIONS OF LAND, ADMINISTRATIVE MATTERS, AND CONSTRUCTION INSPECTION It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that Resolution No, 75-8-20-2 be adopted, as amended. RECESS AND RECONVENE Council recessed at 8:55 P.M. and reconvened at 9:15 P.M. ORDINANCES 1. ORDINANCE NO. 292: ESTABLISHING CITY BOARD AND COMMISSIONS - N ORDINANCE OF THE CITY OF SAN JUANC I T , CALIFORNIT, CREATING AND ESTABLISHING POWERS AND RESPONSIBILITIES FOR CITY BOARDS AND COMMISSIONS was read by title by the City Attorney. Requested amendments were made to the ordinance. It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that Ordinance No. 292 be adopted. WRITTEN COMMUNICATIONS 1. REQUEST FOR APPOINTMENT TO JUVENILE COUNSELING CENTER Council received copies of a letter dated July 28, 1975, from Jack L. Stanfill, Chairman, Task Force on Juvenile Delinquency, Saddleback Area Coordinating Council, Inc., requesting that the City appoint a representative to serve on their Advisory Council, Applications and suggestions for appointments will be accepted and Mayor Weathers will make an appointment to the Advisory Council. 2. REQUEST FOR APPOINTMENT TO ORANGE COUNTY HOUSING AUTHORITY Council received copies of a letter dated July 23, 1975, from Lisa Stipkovich, Consultant, Orange County Housing Authority, requesting that the City appoint a representative to serve on their Advisory Committee. Applications and suggestions for appointments will be accepted. Councilman Heckscher's Legislative Aide is to provide further information on the Advisory Committee. ORAL COMMUNICATIONS 1, ARCHITECTURAL BOARD OF REVIEW Fran Frost addressed the Council to recommend that the Architectural Board of Review be given the opportunity to review site plans, as well as elevations, as a part of their responsibilities, PROPOSED NAMING OF AREA KNOWN AS "LONG PARK" Ken Derry, representing the Capistrano Villas Home Owners Association, addressed the Council to request that the naming of "Long Park" be tabled until the Association has an opportunity to meet with the Parks and Recreation Commission. -4- 8/20/75 454 b CONSENT CALENDAR It was moved by Councilman Sweeney, seconded by Councilman Byrnes and unanimously carried that the staff recommendations be approved with regard to the following matters: 1, APPROVAL OF WARRANTS OF AUGUST 20, 1975 The List of Demands -dated August 20, 1975, Warrant Nos, 5590 through 5667, inclusive, in the total amount of $71,828,46; was approved as submitted. 2, REPORT OF PLANNING COMMISSION ACTIONS FOR AUGUST 5, 1975 The Report of actions taken by the Planning Commission at their regular meeting of August 5, 1975, was received for information, 3. CLAIM FOR DAMAGES (RAUSCH) The claim of Joan Rausch for damages resulting from injuries allegedly sustained on July 17, 1975, is denied and referred to the City's insurance carrier, Quinlan Insurance, Inc, 4. CITY TREASURER'S REPORT OF BOND DELINQUENCIES The City Treasurer's Report of 1911 Act bond delinquencies as of August 20, 1975, was received for information. REQUEST FOR REFUND (SALATA) Council received copies of a report dated August 20, 1975, from the Acting Director of Planning forwarding a request from Paul Salata for a refund of the priority application fee for a proposed industrial park; he also requests a refund of the fee provided by the adjacent property owner Bob Orr. It was the consensus of the Council that this matter be referred back to staff for clarification, as recommended by the City Manager. REQUEST TO CONDUCT SIDEWALK SALE - MISSION VILLAGE SHOPPING CENTER It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to approve the request of the Mission Village Center Merchants' Association to conduct a sidewalk sale August 28, 29, and 30, 1975. SUBDIVISIONS AND ANNEXATIONS 1. ACCEPTANCE OF FINAL MAP, TRACT 5126 (MAURER DEVELOPMENT CO Council received copies of a report dated August 20, 1975, from the Director of Public Works forwarding a proposed Agreement between the City and the Subdivider for the acceptance of the Final Map for Tract 5126, to be known as "Woodside Homes." The proposed Tract is located between San Juan Creek and the Ortega Highway approximately 1 1/4 miles east of the intersection of the Highway and the San Diego Freeway. In compliance with the Conditions of Approval, the developer has furnished bonds in the total amount of $505,000; checks in the total amount of $80,017 have been submitted for construction inspection, sewer connection, drainage, street light energy, map and plan check fees. An Easement Deed for streets and highway purposes has been duly executed by the grantors, Carl H. and Adele A. Hankey. Council also received copies of a -5- 8/20/75 455 proposed Agreement between the City and the developer holding the City harmless from any costs which may be incurred regarding the acquisition of an easement for street purposes on, under, over and across the real property at the easterly edge of'Calle Arroyo. Council determined that significant trees within the Tract are to be preserved. It was moved by Councilman Sweeney and seconded by Council- man Heckscher to approve the Final Map for Tract 5126, to accept the Easement Deed from Carl and Adele Hankey, and to determine that the proposed,subdivision, together with its design and improvements, isconsistent with the City's General Plan, The Mayor is authorized to execute the development agreement, the "hold harmless" agreement, and the Easement Deed and the City Clerk is authorized to attest thereto. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Weathers NOES: None ABSTAIN: Councilman Byrnes ABSENT: None ADMINISTRATIVE ITEMS: CITY MANAGER 1. REPORT ON CAPISTRANO AIRPORT The City Manager presented an oral report on the status of City ownership of the airport runways and indicated a map designating the areas in question, Julian Willcox, general partner of the Capistrano Airport operation addressed the Council and presented a report entitled "History of the Airport," City Treasurer Charles Neal also addressed the Council. General discussion of financial implications followed, and Mayor Weathers directed staff to meet with Mr. Willcox in an attempt to work out an agreement on an interim basis which would be amenable to all parties concerned. The report is to be submitted to the Council at their meeting of September 17, 1975. Council indicated its desire to retain a general aviation facility to serve the residents of .,the City and directed staff to meet with County personnel to conduct a site feasibility study. Council also indicated their intention to retain ownership of the airport runway until an alternative site could be selected. Council also directed that the City's liability insurance coverage be re-evaluated. DIRECTOR OF ADMINISTRATIVE SERVICES 1, PERSONNEL - RETIREMENT INCOME PLAN SEVERANCE BENEFITS Council received copies of a report from the Director of .Administrative Services regarding employee vested interests in the City's previous retirement plan. Certain employees have taken the option of removing the.funds which have accrued for prior service in a lump sum cash payment. For those employees who remove their retirement contributions, the City will accrue nc prior service liability.' It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to approve the disbursement of the retirement income plan severance benefits. 2. 1975-76 FISCAL BUDGET Council will continue their discussion of the proposed 1975-76 fiscal budget on Thursday, August 21, 1975. -6- 8/20/75 456- DIRECTOR 56- DIRECTOR OF PLANNING 1, REQUEST FOR EXMPTION FR0M DEFERRAL PERIOD - HOME FOR TH- E�AGED, ASSESSOR—� S PARCEL NO, T.f-254-17 (BARNES Council received copies of a report dated August 20, 1975, from the Acting Director of Planning forwarding a request from Jack V. Barnes for an exemption from the deferral period in order to process a Conditional Use Permit for a hone for the aged. The property consists of 4.5 acres along Camino Capistrano and is currently owned by the YMR Develop- ment Corp. RESOLUTION NO. 75-8-20-3: GRANTING EXEMPTION FROM DEFERRAL PERIOD - ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF JUAN CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO JACK V. BARNES FOR PROPOSED SENIOR CITIZENS' HOME.FROM THE PROVISIONS OF ORDINANCE NO. 265, AS AMENDED It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Resolution No. 75-8-20-3 be adopted. The exemption is granted upon the condition that the applicant agrees to process his application 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 to an action of approval, nor is it to be considered as any indication that an action of approval is being considered. 2. LAFCO - SPHERE OF INFLUENCE PROPOSED BY CITY OF SAN CLEMENTE Council received copies of a report dated August 20, 1975, from the Acting Director of Planning regarding the proposed sphere of influence submitted to the Local Agency Formation Commission by the City of San Clemente. The proposed sphere includes territory within the incorporated area of San Juan Capistrano. It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried to request the Local Agency Formation Commission to delay action on acceptance of the draft Environmental Impact Report on the proposed San Clemente sphere of influence until a LAFCO staff'report adequately detailing the effects of adoption of the proposed sphere is available. DIRECTOR 01' PUBLIC WORKS/CITY ENGINEER 1. EARTH STORAGE - CAMINO LAS RAMBLAS/INTERSTATE FREEWAY 5 (MISBIN Council received copies of a report dated August 20, 1975, from the Director of Public Works regarding the temporary earth stockpile on the property at the northern corner of the intersection of Las Ramblas and Interstate Freeway 5. The original understanding between the City and Morris Misbin required restoration of the property to its original condition by August 1, 1975; plans and permits were to be obtained by April 1, 1975. A preliminary grading plan for the area has been submitted by Mr. Misbin, and the Public Works Director advised that Mr. Misbin is requesting an 18 -month extension of the original proposal. Mr. Elmer Christiansen addressed the Council. It was moved by Councilman Byrnes and seconded by Councilman -7- 8/20/75 45"7 Sweeney to deny the request of Mr. Misbin, but amend the proposal to provide a 12 -month extension of time so that plans may be prepared for the removal of the temporary storage and restoration of the site. There was no vote on the motion and the motion was withdrawn with the concurrence of the second. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to grant a 1 -year extension of the original approval granted in August, 1973.. RECESS AND RECONVENE Council recessed to an Executive Session at 11:07 P.M. to consider an appointment to the Planning Commission and reconvened at 11:09 P.M. APPOINTMENT TO PLANNING COMMISSION Mayor Weathers announced the appointment of Mrs. Phyllis Shainman to the City Planning Commission to fill the vacancy created by the resignation of Mrs. Carol Heim. CITY COUNCIL AGENDA Mayor Weathers announced that the remainder of the items listed on the August 20th City Council Agenda would be considered on Wednesday, August 27, 1975, at 7:00 P.M. in the City Council Chamber. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:10 P.M. to the next meeting date of Thursday, August 21, 1975, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, M RYNN OVER, CITY CLERK -8- 8/20/75