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75-0903_CC_Minutes_Regular MeetingSEPTEMBER 3, 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 Dr. Milford Baker, member of the Capistrano Valley Baptist Church. ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor John B. Sweeney, Mayor pro tem Councilman Yvon O. Heckscher Councilman Douglas B. Nash COUNCILMEN ABSENT: Councilman Roy L. Byrnes STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy, Director of Public Works/City Engineer; George Lohnes, Associate Civil Engineer; John O'Sullivan, Director of Administrative Services; David J. Smith, Director of Planning; 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 August 13, 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 August 18, 1975, be approved with the following addition to Page 1, City Manager - Account 11: "The City Manager was directed to report on use of funds and CETA guidelines." It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that the Minutes of the Regular Meeting of August 20, 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 August 21, 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 August 25, 1975, be approved as submitted. MOTION TO READ BY TITLE ONLY It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that all resolutions and ordinances be read by title only. BIDS. CONTRACTS. AGREEMENTS 1. DEL OBISPO STREET MEDIAN STRIP - APPROVAL OF PLANS AND PECIFIC TIONS AND CALL FOR BIDS Council received copies of a report dated September 3, 1975, from the Director of Public Works regarding the plans and specifications prepared for the raised, landscaped median strip to be installed on Del Obispo Street between Camino Capistrano and the railway crossing. The median is to consist of curbs, landscaping, irrigation system, and colored concrete. The Traffic Committee has recommended a solid median with a left turn pocket to allow eastbound traffic access to the E1 Adobe Plaza shopping area. -1- 9/3/75 466 The landscaping plans provide for vertical -type sycamore trees to be planted 20 feet on center and low ground cover. The Director of Public Works has recommended that containerized trees be placed in position for evaluation of visual obstruc- tion to motorists and pedestrians prior to permanent planting of the trees. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to approve the plans and specifications, with the trees deleted from the bid format,, and to authorize the call for bids for performance of the project. Authorization is also granted for the procurement of up to fifteen trees so that their placement may be evaluated during construction of the median strip. 2. PUBLIC WORKS VEHICLE STORAGE BUILDING - W D OF BID Council received copies of a report dated September 3, 1975, from the Director of Public Works regarding the vehicle storage building to be located in the southerly area of the City Hall property. Forwarded also was a capitulation of bids received on August 22, 1975. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried to accept the low bid, by unit price, in the total amount of $25,322.80 from Consolidated Construction Corporation of Orange, California, to authorize the Mayor to execute the contract for the project on behalf of the City, and to reject all other bids. 3. USE OF CITY WATER POLLUTION CONTROL FACILITY - REGIONAL OCCUPATIONAL PROGRAM TR.I ING P OGR�vf Council received copies of a report dated September 3, 1975, from the Director of Public Works forwarding copies of a proposed Agreement between the City and the Capistrano - Laguna Regional Occupational Program which would provide for the use of a laboratory at the Water Pollution Control Facility for the training of high school students in the science and technique of water treatment. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried to approve the Agreement for joint participation between the City and the Capistrano - Laguna Regional Occupational Program, to authorize the Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. 4. ORANGE COUNTY EMPLOYEES' RETIREMENT SYSTEM - CITY PARTICIPATION GREEMENT Council received copies of a report dated September 3, 1975, from the Director of Administrative Services forwarding a proposed Agreement between the City and the Board of Retirement of the Orange County Employees' Retirement System which provides for participation in the County System by City employees. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to approve the Agreement between the City and the Board of Retirement of the Orange County Employees' Retirement System, to authorize the Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. -2- 9/3/75 467 PUBLIC HEARINGS 1. REQUEST FOR RATE INCREASES - STORER C BLE TV, INC. Council received copies of a report dated September 3, 1975, from the Director of Administrative Services regarding the request for rate increases, as submitted by Storer Cable TV, Inc. Mayor Weathers advised the audience that the staff recommendation is that Storer TV mail a questionnaire requesting citizen comment regarding service problems; City staff would receive the responses and analyze them for Council review. The cost to the City would be approximately $200. The Director of Administrative Services advised that staff analysis of questionnaire results would take about two months; however, if Council desires a detailed study of franchise criteria and data in general, the study should be undertaken by a consultant. Mr. Rick Mardock, Resident Manager of Storer Cable TV, addressed the Council to clarify that their request is strictly for an increase in monthly service rates and that there will be no changes in installation fees. Notice having been given as provided by law, Mayor Weathers declared the Public Hearing open on the request for rate increases received from Storer Cable TV, Inc., and inquired if anyone in the audience wished to address the Council on this matter. The following persons addressed the Council in opposition to the requested increases: a. Harold Glasser, Chairman of the Board of Governors, San Juan Hills Homeowners Association, Tract 5414. b. Judy Beggs, 31931 Calle Winona. C. Marvin Mayes, Treasurer, Capistrano Villas Homeowners Association No. 2. d. Darrell E. Rains, Treasurer, Capistrano Villas Homeowners Association No. 3. Copies of letters dated August 11, 1975 and August 28, 1975, from Storer TV were received, as were written communications from the following: a. Harold Glasser, San Juan Hills Homeowners Association. b. Marvin Mayes, Capistrano Villas Association No. 2. C. Darrell Rains, Capistrano Villas Association No. 3. d. Diane Lawrence. e. Edith Dowell, Casas Capistrano Association. f. Jeffrey M. Hylton, 25625 Calle La Fuente. g. D. Reeder, 32652 Carreterra Drive. 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. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to request that Storer Cable TV mail a questionnaire to residents receiving their service and to authorize Staff to receive the responses at -3- 9/3/75 City Hall for analysis; The Director of Administrative Services is to investigate conditions to the granting of franchises in other areas and possible alternative methods of providing cable television service. The City Attorney was requested to provide a thorough review of the granting of franchises by the City and to advise Council as to the City's position with regard to taking over the service and making cable television a public utility. BIDS, CONTRACTS, AGREEMENTS (continued) 1. PROPOSED AGREEMENT FOR SANITARY SEWERS - P SEO CIELO VERRICO Council received copies of a report dated September 3, 1975, from the Director of Public Works forwarding a proposed reimbursement agreement for sanitary sewers on Paseo Cielo. The proposed sewerline would join the existing sanitary sewer in Calle Aspero and extend easterly along Paseo Cielo for a distance of 600 feet. Mr. Olindo Verrico, 31851 Paseo Cielo, has submitted plans for the installation of the sewer line in conjunction with the construction of his residence. Mr. Verrico has also submitted a letter dated August 18, 1975, requesting City funding of the project and Mr. Verrico addressed the Council regarding this request. He stated he would be willing to pay his pro rata share of the construction costs. The area in question consists of twelve lots, five of which are unimproved. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that the City finance the sewerline on Paseo Cielo subject to review by the City Attorney and subject to the completion of reimbursement agreements. The City would be reimbursed immediately by Mr. Verrico, Mr. Robinson and Dr. Sturdevant. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to authorize the City Engineer to prepare plans and specifications and to advertise for bids for the construction of the Paseo Cielo sewerline. PUBLIC HEARINGS (continued) 1. ADOPTION OF 1975-76 FISCAL BUDGET The Director of Administrative Services advised that inadvertently Capital Projects had not been included in the proposed Resolution submitted to Council. The amended General Fund total is $1,740,827. Notice having been given as required by law, Mayor Weathers declared the Public Hearing open on the proposed adoption of the City budget for fiscal year 1975-76 and inquired if anyone in the audience wished to address the Council. The following persons addressed the Council: a. Al Arps, representing the Capistrano Community Affairs Council, 32802 Valle Road, #85. b. Jim Vanderhoof, 25692 Via del Rey. C. Marilyn Williams, 29931 Camino Capistrano. d. Judy Beggs, 31931 Calle Winona. 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. _¢_ 9/3/75 J � � RESOLUTION NO. 75-9-3-1: 1975-76 FISCAL BUDGET - A RESOLUTION OF THE CITY ODUNCIL OF THE CITY OF -MN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE CITY BUDGET FOR THE FISCAL YEAR 1975-76 It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that Resolution No. 75-9-3-1 be adopted. RECESS AND RECONVENE Council recessed at 9:25 P.M. and reconvened at 9:37 P.M. LAND USE MANAGEMENT CODE - ORDINANCE N0. INTRODUCTION) Council received copies of a report dated September 3, 1975, from the Acting Director of Planning forwarding a composite list. of all Land Use Management Code items referred back to the Planning Commission by the City Council, along with further Planning Commission recommendations. The following members of the Commission addressed the Council: Phil Schwartze, re Home Occupations; Ken Friess, re Tree Preservation and Pets; Robert Davies re Sign Requirements. Council took the following actions: Sign Requirements: It was moved by Councilman Nash and seconded y Councilman Heckscher to retain the 10% limitation on increases in sign area or height, as set forth in the exception factor, Section 3.6.3.C5. The result of the vote on the motion was as follows: AYES: Councilmen Nash and Heckscher NOES: Councilman Sweeney and Mayor Weathers ABSENT: Councilman Byrnes Council then addressed the items listed for special discussion on Page 18 of the report, as follows: . 1. Tree Preservation, Sections 2.3.9 and 3.6.18 - It was moved gy Councilman Nash, seconded by Councilman Heckscher and unanimously carried that, with the exception of changing the size of the trees to be exempted from a 3" diameter measured at a height of 3' above ground to a 6" diameter measured at a height 6' above ground, the remaining tree preservation requirements are to be retained. 2. Special District Precise Plans, Section 3.4.22.F - Time limitation on adoption of SP precise plan. It was the consensus of the Council that no Council action was necessary. 3. Minimum Street Frontages, Section 3.4.22.F - Minimum street frontages should be 150 feet in the RA and EL Districts and 90 feet in the ES District; minimum side yard setbacks in the EL District should be 20 feet instead of 15 feet. It was the consensus of the Council that no Council action was necessary. 4. Air Conditioning Requirement in Noise Management District, Section .5.C2 - Change "shall be equipped" to "may be equipped." It was the consensus of the Council that no Council action was necessary. -5- 9/3/75 f tuo 5. Sign Heights, Section 3.6.3 - The m`Pf aximum four foot height for monument signs in the CT District should be retained; for pole signs there should be a minimum height of eight feet to the bottom of a pole sign so that the area from the ground to the bottom of the sign would remain open; the maximum pole sign height should then be left at fifteen feet. It was moved by Councilman Nash and seconded by Councilman Heckscher to retain the maximum four foot height for monument signs in the CT District; for pole signs there should be a maximum height of eight feet to the bottom of a pole sign. hl�ult of the vote on the motion was as follows: AYES: Councilmen Nash and Heckscher _ NOES: Councilman Sweeney and Mayor Weathers ABSENT: Councilman Byrnes 6. Sign Requirements (exception factor), Section 3.6.3.C5 - The Commission recommen ation is t at 10% limitation on increase in sign area or height be retained. It was the consensus of the Council that no Council action ` is necessary, 7. Home Occupation Restrictions, Section 3.6.11.B3 - Persons other than members of the immediate family shall not be regularly employed on the premises. It was the consensus of the Council that no Council action is necessary. Home Occupation Restrictions, Section 3.6.11.114 - ome occupation shall no use the residential address for soliciting, advertising, or promoting the home occupation. It was the consensus of the Council that no Council action is necessary; however, Council noted that the words "at that residential address" should be added at the end of the sentence, and also noted that it will be permitted to use the address for receiving mail and for use on business cards. 8. Domestic Pets, Section 3.6.19 - Deletion of the Section. It was the consensus of the Council that no Council action is necessary. 9. Steepness of Slopes, Section 4.1,12 - It was move y ouncilman Nash, seconded by Councilman Sweeney and unanimously carried to insert the following, as recommended by the Commission: "No cut or fill slopes shall be steeper than two horizontal to one vertical," 10. Equestrian Facility Standards, Section 3.6.21B - Include the requirement that all new subdivisions of 20,000 square foot lots or larger be required to provide equestrian access. It was the consensus of the Council that no Council action is necessary. ORDINANCE NO. 293: LAND USE MANAGEMENT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE LAND USE MANAGEMENT CODE was read by title by the City Attorney. Further reading of all ordinances was waived earlier in the meeting. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that Ordinance No. 293 be introduced. Mayor Weathers directed that the proposed Resolution setting forth a Statement of Overriding Concern, as supplied by the Director of Planning, be considered at the meeting of September 17, 1975, -6- 9/3/75 4'71 PUBLIC HEARINGS (continued) 1. HOME WARRANTY PROGRAM - ORDINANCE NO. 29 INTRODUCTION) Notice having been given as required by law, Mayor Weathers declared the Public Hearing open on the proposed adoption of the Home Warranty Program and inquired if anyone in the audience wished to address the Council. Roger Grable, of the law firm of Rutan & Tucker, addressed the Council; and, there being no further participation, Mayor Weathers declared the Public Hearing closed. It was the consensus of the Council that the sellers form of financial security,as set forth in Section 4 of the proposed ordinance, would be placed in interest bearing accounts. ORDINANCE NO. 294: HOME WARRANTY PROGRAM - N ORDINANCE OF THE CITY OF SAN JUCAPISTRANO, CALIFORNIA, REQUIRING SELLERS OF NEW RESIDENTIAL DWELLING UNITS TO PROVIDE HOME WARRANTIES TO INSURE AGAINST FAULTY WORKMANSHIP AND MATERIALS AND MAJOR CONSTRUCTION DEFECTS was read by title by Councilman Sweeney. Further reading of all ordinances was waived earlier in the meeting. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Ordinance No. 294 be introduced. CONSENT CALENDAR It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the staff recommendations be approved with regard to the following matters: 1. APPROVAL OF WARRANTS OF SEPTEMBER 3, 1975 The List of Demands dated September 3, 1975, Warrant Nos. 5668 through 5728, inclusive, in the total amount of $236,486.92, was approved as submitted. 2. REPORT OF PLANNING COMMISSION AC'T'IONS OF 8/12 AND 8/19/75 The Report of actions taken by the Planning Commission at their meetings of August 12 and August 19, 1975, was received for information. 3. REQUESTS FOR SOLICITATION PERMITS a. Camp Fire Girls, Orange County Council, Candy Sale, January , 976 - February 9, 1976. The request and application are approved as submitted. b. Arthritis Foundation, Orange County Branch, fund raising campaign, Month of February, 1976. The request is approved, contingent upon receipt of a completed Solicitation Application Form. 4. PROCLAMATION - WORLD LITERACY DAY Monday, September 8, 1975, is proclaimed "World Literacy Day" in the City. 5. PROCLAMATION - CONSTITUTION WEEK The week of September 15 - 20, 1975, is proclaimed "Constitution Week" in the City. -7- 9/3/75 4"72 6. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS The Report of actions taken by the Cultural Heritage Commission at their meetings of July 1, 1975, and August 19, 1975, was received for information. 7. YEAR END BUDGET TRANSFERS AND APPROVAL OF OVER -EXPENDED BU - FISCAL YEAT-fTr-T--75 RESOLUTION NO. 75-9-3-2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CITY BUDGET FOR THE FISCAL YEAR 1974-75 AND AUTHORIZING CERTAIN BUDGET OVEREXPF.NDITURES AND TRANSFERS OF FUNDS is adopted. ORAL COMMUNICATIONS 1. CAPISTRANO BEACH HIGHWAY OVERPASS Jim Vanderhoof, 25692 Via del Rey, addressed the Council and advised that he has established a legal aid fund as "No Dirt Ocean Bridge" in order to institute an action for alternate design of the bridge being constructed by the California Department of Transportation in Capistrano Beach. EXECUTIVE SESSION - PERSONNEL Council recessed to a personnel session at 10:55 P.M. and reconvened at 11:42 P.M. CITY TREASURER - SALARY INCREASE It was moved by Councilman Sweeney; seconded by Councilman Heckscher that the City Treasurer's salary be increased to $250.00 per month. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash and Heckscher NOES: Mayor Weathers ABSENT: Councilman Byrnes ADJOURNMENT The meeting was adjourned at 11:44 P.M. to the next meeting date of Wednesday, September 10, 1975, at 7:00 P.M. in the City Council Chamber for continuation of the September 3rd City Council Agenda and for a joint meeting with the members of the Planning Commission for consideration of the Via de Agua traffic situation, APPROVED: Respectfully submitted, i N7LR:11OVE1C, CITY CLERK -8- 9/3/75