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75-1001_CC_Minutes_Regular MeetingOCTOBER 1, 1975 REGULAR MEETING OF TIIE CITY COUNCIL SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council was called to order by Mayor Weathers at 7:03 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Roger Boatman, Community Christian Church. 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 COUNCILMAN ABSENT: None STAFF PRESENT: John O'Sullivan, Director of Administrative Services/Interim City Manager; William D. Murphy, Director of Public Works/City Engineer; David J. Smith, Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk; E. Patricia Hector, Minute Secretary. MINUTES It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that the Minutes of the Adjourned Regular Meeting of September 10, 1975, be approved as submitted. It was moved by Councilman Sweeney and seconded by Councilman Heckscher that the Minutes of the Regular Meeting of September 17, 1975, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Heckscher and Mayor Weathers NOES: None ABSTAIN: Councilman Nash ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that all resolutions and ordi- nances be read by title only. FREEDOM TRAIN - CONFIRMATION OF DATES The City Clerk reported that she had received a telephone call on October 1st from Mr. Greg Pittrizzi of the Freedom Train Founda- tion who confirmed that the Freedom Train is scheduled to be in San Juan Capistrano from noon January 19, through January 20, 1976. It was also noted that the City's guaranty of $15,000 per day had been waived by the Freedom Train Foundation, that the City will receive 10% of all advance and on-site ticket sales, and that accommodations for Freedom Train personnel will be limited to 94 people instead of the original 150. The agreements are being mailed to the City and will be presented to Council for approval at tha next regular meeting of October 15, 1975. -1- 10/1/75 493 SPECIAL REPORT - AGRICULTURAL STUDY 1. AUTHORIZATION FOR PHASE III Council received copies of a report dated October 1, 1975, from the Director of Planning containing background material and staff recommendations. Although not a formal public hearing, Mayor Weathers invited comments from members of the audience, and the following individuals addressed the Council: Charles Buck, 27081 Mission'Hills Drive, addressed the Council regarding the continuance of Phase III. Fran Frost, 31301 Pa.seo Nogal, addressed the Council regarding the authorization of Phase III. Councilman Nash stated that although he had not attended the meeting of September 17th, when this item was first discussed, he had listened to the tape. He further stated that he is, very much in favor of continuing and completing the Study by authorizing Phase III. It was moved by Councilman Nash and seconded by Councilman Heckscher, to authorize Phase III of the Agricultural Study. After discussion by Council, the motion carried by the following vote: AYES: Councilmen Heckscher, Nash and Sweeney NOES: Mayor Weathers and Councilman Byrnes ABSENT: None 2. AGRICULTURAL STEERING COMMITTEE - COMPLETION OF ASSIGNMENT Councilman Nash addressed the need for continuing the Agri- cultural Steering Committee. Following Council discussion and Staff input it was determined that the Steering Committee's work has been completed. Councilman Heckscher asked if there was any input from the Steering Committee. Mr. Ted Crossman, Chairman of the Agricultural Steering Committee, addressed Council. It was moved by Councilman Nash, seconded by Mayor Weathers, and unanimously carried that the Agricultural Steering Committee be disbanded. Council gave a strong vote of thanks to the Committee for their efforts. 3. INITIATION OF GENERAL PLAN AMENDMENT NO. 2 Council received copies of a report dated October 1, 1975, from the Director of Planning. Councilman Nash moved to initiate proceedings for a possible General Plan Amendment with the scope of these proceedings limited to the designated agriculture overlay areas only. The purpose of conducting the proceedings would be to determine whether or not one of the following would occur: (1) Designa- tion of permanent agriculture to the area or a portion of the area; (2) Continuation of the overlay designation for some period of time; or (3') Removal of the agriculture overlay. Councilman Heckscher seconded the motion. There was no vote on the motion. Council discussed time constraints and it was determined that the project would not be in jeopardy if it were tabled until the next meeting. It was moved by Councilman Sweeney and seconded by Councilman Byrnes to table this item until the Phase III Report is received. The motion carried by the following vote: -2- 10/1/75 AYES: Councilmen Sweeney, Byrnes, Heckscher and 4 Mayor Weathers NOES: Councilman Nash ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. EL CAMINO REAL PARK PLANS AND SPECIFICATIONS Council received copies of a report dated October 1, 1975, from the Director of Public Works forwarding a staff report dated February 19, 1975, Minutes of the Parks and Recreation Commission meeting of February 3, 1975, and written communi- cations regarding the Park. It was moved by Councilman Nash to approve all elements of the plans and specifications except restrooms, to eliminate restrooms for the time being until the Park is built, the use level is assessed, and that through appropriate committees, a Master Plan of Restrooms has been established for the entire City. The motion was seconded by Councilman Heckscher. Mayor Weathers pointed out that by changing the plans and specifications, we were possibly jeopardizing the funds we. would receive from the State and County. Council discussion ensued regarding the facilities and their location. The Director of Public Works suggested the plans and specifications could be put out to bid with the restrooms and picnic tables as optional items. Councilman Nash noted that he would maintain his initial position. Although not a formal public hearing, Mayor Weathers inquired if members of the audience wished to comment, and the follow- ing individuals addressed Council: Arthur Lavagnino, A.I.A., 2401 E. 17th Street, Suite E. Santa Ana, objecting to the proposed use of deciduous trees. Fran Frost, 31301 Paseo Nogal, San Juan Capistrano. At the conclusion of the discussion, the motion failed by the following vote: AYES: Councilman Nash NOES: Councilmen Byrnes, Heckscher, Sweeney and Mayor Weathers ABSENT: None It was moved by Councilman Byrnes and seconded by Councilman Heckscher to direct staff to resurvey pattern and types of planting in order to achieve an intensified visual and accoustical sound barrier. The motion carried by the follow- ing vote: AYES: Councilman Sweeney, Byrnes, Heckscher and Mayor Weathers NOES: Councilman Nash ABSENT: None It was moved by Councilman Heckscher and seconded by Council- man Sweeney to direct staff to re-examine the design from the standpoint of (1) Relocating the restroom facilities; or (2) Eliminating the restroom facilities altogether. The motion failed by the following vote: AYES: Councilmen Sweeney and Heckscher NOES: Councilman Byrnes, Nash and Mayor Weathers ABSENT: None -3- 10/1/75 4 9 t� Minnie Surles, Chairman, Parks and Recreation Commission then addressed Council. It was moved by Mayor Weathers and seconded by Councilman Sweeney to refer the park design to the Planning Department for the purpose of incorporating the ideas and suggestions brought out during this discussion. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes, Heckscher and Mayor Weathers NOES: Councilman Nash ABSENT: None 2. TRABUCO CREEK BICYCLE TRAIL - ACCEPTANCE OF FINAL REPORT AND NOTICE OF COMPLETION Council received copies of a report dated October 1, 1975, from the Director of Public Works stating that all work has been completed by Certified General Engineering Contractors, Inc., in accordance with the plans and specifications for the subject project. The Final Contract Progress Report was also submitted for acceptance. RESOLUTION NO. 75-10-1-1: COMPLETION OF THE COUNTYWIDE BIKE- WAY TRAIL, SAN JUAN CREEK, CITY OF SAN JUAN CAPISTRANO - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE COUNTYWIDE BIKEWAY TRAIL, SAN JUAN CREEK, SAN JUAN CAPISTRANO. It was moved by Councilman Nash, seconded by Councilman Byrnes, and unanimously carried that Resolution No. 75-10-1-1 be adopted. It was moved by Councilman Nash, seconded by Councilman Byrnes, and unanimously carried that a Notice of Completion be filed with the Orange County Recorder. The total amount of work performed under the contract is $79,281.41. Council further directed Staff to make payment to Certified General Engineering Contractors, Inc. in the amount of $7,928.14, upon.expiration of thirty-five days from the filing of the Notice of Completion. RECESS AND RECONVENE Council recessed at 8:55 P.M. and reconvened at 9:10 P.M. PUBLIC HEARINGS 1. SET HEARING DATE OF OCTOBER 15, 1975 RESIDENTIAL TRASH COLLECTION RATES ( I Mayor Weathers set the date of Wednesday, October 15, 1975, for the Public Hearing on the Request for Increase in Resi- dential Trash Collection Rates (Truman Smith Disposal Co.). 2. AMENDMENT TO THE SALARY AND CLASSIFICATION PLAN Council received copies of a report dated October 1, 1975, forwarding a job description of the Administrative Aide, which job class is contained in the 1975-76 fiscal budget. The Director of Planning has also requested a change in the educational requirement for the Planning Aide position and revised job description was submitted to Council. Notice having been given as required by law, Mayor Weathers declared the Public Hearing open on the amendment to the salary and classification plan. There being no one in the audience wishing to address the Council on this matter, Mayor Weathers declared the Public Hearing closed with the right to reopen at any time. -4- 10/1/75 NNNG 4 9 AIDOLUTAORESOLUTION 00F THE CITY NCOUNCIL VOF THE CITY AOFISAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN OF THE PERSONNEL RULES. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to adopt Resolution No. 75-10-1-2. 3. DETERMINATION OF CONSISTENCY WITH TIIE GENERAL PLAN TRACT 8485 (STANDARD -PACIFIC CORP.) Council received copies of a report dated October 1, 1975, from the Director of Planning forwarding a proposed Resolution and correspondence from Rutan & Tucker, Attorneys at Law, dated August 6, 1975. As a result of judicial proceedings, the City was mandated to hold a public hearing to determine the conformity of Tentative Tract 8485 to the City's General Plan. The Director of Planning made an oral presentation and referred to various exhibits including a copy of Tentative Tract 8485, the City's circulation element which was in effect at the time of con- sideration of the tract; the City's current circulation element and the City's current composite land use map. Notice having been given as required by law, Mayor Weathers declared the Public Hearing open on the General Plan Consis- tency - Tract 8485. There being no one in the audience wishing to address the Council on this matter, Mayor Weathers declared the Public Hearing closed with the right to re -open at any time. RESOLUTION NO. 75-10-1-3: GENERAL PLAN CONSISTENCY. TRACT 8485 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING THAT TENTATIVE TRACT 8485 AS SUBMITTED BY STANDARD -PACIFIC CORPORATION IS NOT CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF SAN JUAN CAPISTRANO. It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Resolution No. 75-10-1-3 be adopted. RESOLUTIONS REQUESTING SPHERE OF INFLUENCE FROM LAFCO Council received copies of a report dated October 1, 1975, from the Director of Planning which described the partial Sphere of Influence. RESOLUTION NO. 75-10-1-4: SPHERE OF INFLUENCE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO REQUEST LAFCO TO INITIATE AN AMENDMENT TO THE CITY'S ADOPTED (PARTIAL) SPHERE OF INFLUENCE. _ It was moved by Councilman Nash, seconded by Councilman Sweeney, and unanimously carried that Resolution No. 75-10-1-4 be adopted. ORAL COMMUNICATIONS 1. PARKING RESTRICTION ON THE ORTEGA HIGHWAY Fred Newhart, Walnut Grove Restuarant, stated he would address the Council under the Traffic and Transportation Committee item later on the Agenda. -5- 10/1/75 12. RELEASE. OF BUILDING PERMITS, TRACT 8087 (MEREDITH) y V 7 Gary Ilausdorfer, President, Alto Capistrano Homeowners' Association, and Patrick Timmins, member, spoke in opposition to the release of any additional building permits for Tract 8087. CONSENT CALENDAR The List of Warrants, the Report of Planning Commission Actions of September 16, 1975, and the City Treasurer's Report were removed from the Consent Calendar for separate consideration. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that the staff recommendations be approved with regard to the following Consent Calendar items: 1. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF SEPTEMBER 23 1975. The Report of Actions taken by the Cultural Heritage Commis- sion at their regular meeting held September 23, 1975, was received for information. 2. REQUEST FOR SOLICITATION PERMIT AND PROCLAMATION (UNITED WAY OF ORANGE COUNTY). The request from United Way of Orange County for a solicitation permit for their fund-raising campaign from September 15 through December 15, 1975, is approved, and the Mayor authorized to sign the Proclamation of October as United Way Month in the City. APPROVAL OF WARRANTS After clarification, it was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the List of Demands, dated October 1, 1975, Warrant Numbers 5806 through 5878, inclusive, in the total amount of $612,256.96, be approved as submitted. REPORT OF PLANNING COMMISSION ACTIONS - SEPTEMBER 16, 1975 It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the Report of Actions taken by the Planning Commission at their regular meeting of September 16, 1975, be received and filed. TREASURER'S REPORT OF INVESTMENTS FOR JUNE 30th. JULY 31st. AND After clarification, it was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to receive and file the Treasurer's Report of Investments. ADMINISTRATIVE ITEMS DIRECTOR OF PLANNING 1. REVIEW OF COUNTY PROJECTS Council received copies of a report dated October 1, 19759 from the Director of Planning regarding the status of County projects. The Director of Planning orally reviewed the nine listed projects. Council will be informed of the continuing eltatus of these projects. Councilman Heckscher pointed out that items 1, 4 and 6 were rather important. -6- 10/1/75 M DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. REQUEST FOR RELEASE OF BUILDING PERMITS, TRACT 8087 (MEREDITH). Council received copies of a report dated October 1, 1975s from the Director of Public Works, forwarding a copy of a letter from Eddy Meredith dated September 16, 1975, requesting release of Lots 18 through 37 inclusive, and 69 through 80 inclusive, (32 lots) in Tract 8087. After Council discussion, it was moved by Councilman Nash, seconded by Councilman IIeckscher and unanimously carried to take no action on this request until an adequate solution to the access problem has been resolved. 2. ORTEGA IIIGHWAY REPORT Council received copies of a report dated October 1, 19759 from the Director of Public Works forwarding a copy of the Ortega Highway Interim Improvements Report dated September 3, 1975. It was moved by Councilman Sweeney, seconded by Councilman. Nash, and unanimously carried to receive and file this report pending developments with County and/or Federal funding. RESOLUTION NO. 75-10-1-5: ORTEGA HIGHWAY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXPRESSING CONCERN FOR AND REQUESTING ACTION UPON PLAN FOR IMPROVEMENT OF ORTEGA HIGHWAY. It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that Resolution No. 75-10-1-5 be adopted and a copy directed to Supervisor Thomas F. Riley, expressing concern over this issue and seeking his formal support of this matter with County, State and Federal agencies. Direction was given to Staff that the Council is not interested at this time in participating in any programs which involve City financial participation or which impact the City's arterial highway improvement program. 3. STREET ALIGNMENT - ALTO CAPISTRANO AREA Council received copies of a report dated October 1, 1975, from the Director of Public Works forwarding a Plan for Expenditure of Funds for Alternate "E" in the Alto Capistrano area. It was moved by Councilman Nash and seconded by Mayor Weathers to authorize the expenditure of up to $35,000 for the Study as outlined by Staff. The motion carried by the following vote: AYES: Councilmen Nash, Sweeney and Mayor Weathers - NOES: Councilmen Heckscher and Byrnes ABSENT: None CITY CLERK 1. APPOINTMENT OF VOTING Council received copies of a report dated October 1, 19750 from the City Clerk forwarding copies of a memorandum from the League of .California Cities explaining the need for a City Council appointment of a voting delegate and voting alternate to the Conference to be held October 19 - 22, 1975, in San Francisco. -7- 10/1/75 It was moved by Councilman Byrnes, seconded by Councilman + V 9 Sweeney and unanimously carried to appoint Mayor Weathers as the Voting Delegate, and Councilman Nash as the Voting Alternate. COMMISSIONS, BOARDS, COMMITTEES TRAFFIC AND TRANSPORTATION COMMITTEE PARKING RESTRICTION ON-' Council received copies of a report dated October 1, 1975, from the Traffic and Transportation Committee forwarding a proposed resolution establishing a "no parking' area on the northside of Ortega Highway from Del Obispo Street to 200 feet westerly. Although not a formal public hearing, Mayor Weathers invited members of the audience to address Council regarding this matter, and the following person addressed Council: Fred Newhart, Walnut Grove Restaurant, requested post- ponement of Council action on this item. Councilmen Nash and Byrnes voiced their agreement with Mr. Newhart. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that action be postponed. CULTURAL HERITAGE COMMISSION INVENTORY OF HISTORICAL PRESERVATION ITEMS Council received copies of a report dated October 1, 1975, from the Director of Administrative Services forwarding an inventory of historical sites in the City, prepared by the Cultural Heritage Commission. RESOLUTION NO. 75-10-1-6: INVENTORY OF HISTORICAL ITEMS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DESIGNATION OF HISTORICAL SITES. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that Resolution No. 75-10-1-6 be adopted. PARKS AND RECREATION COMMISSION 1. PROGRESS REPORT ON RECREATION NEEDS ASSESSMENT Council received copies of a Progress Report on Recreation Needs Assessment Study dated October 1, 1975, from the Recreation Coordinator. Council remarked that they were quite pleased with the results of the report, and the report was received for information. Councilman Heckscher noted that perhaps a condensed version of the report could be published. COUNCIL REMARKS 1. DOWNTOWN MALL IN SANTA CRUZ - SLIDE PRESENTATION Councilman Heckscher noted that he had received copies of a 000klet relating to a program in Santa Cruz for the establish- ment of a mall in downtown Santa Cruz. The Director of Planning has additional information in the form of slides. Councilman Heckscher requested that the Council consider agendizing this matter. -8- 10/1/75 1500 �i 0 RECESS AND RECONVENE Council recessed to Executive Session at 10:58 P.M. and reconvened at 11:40 P.M. EXECUTIVE SESSION 1. TRAFFIC AND TRANSPORTATION COMMISSION - APPOINTMENTS It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried that the Traffic and Transportation Commission be comprised of: Cecelia Herman, Jerry Lugo, Richard McMechan, and Dorothy Denham. 2. UNITED NATIONS DAY It was moved by Councilman Byrnes, seconded by Councilman Heckscher and unanimously carried that Marilyn Thorpe be - appointed Chairperson of United Nations Day. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:45 P.M. to the next regular meeting date of Wednesday, October 15, 1975, at 7:00 P.M., in the City Council Chamber. Respectfully submitted, MARY ANr NOVER, CITY CLERK APPROVED: -9- 10/1/75