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75-1119_CC_Minutes_Regular MeetingNOVEMBER 19, 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. Mayor Weathers welcomed Pastor Bob Scott, of. the Community Christian Church, to the community and Pastor Scott gave the invocation. ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor John B. Sweeney, Mayor pro tem Councilman Roy L. Byrnes Councilman Yvon 0. Heckscher Councilman Douglas B. Nash COUNCILMEN ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Administrative Services; 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. MINUTES It was moved by Councilman Heckscher and seconded by Councilman Sweeney that the Minutes of the Regular Meeting of November 5, 1975, be approved with the following addition on Page 7, at the end of Item No. 3, "Approval of Tentative Tract 9034;" "In response to an inquiry from Councilman Sweeney, Mr. Martin affirmed that there was a possibility that the San Juan Hills Golf Course would eventually be changed from a public to a private course." The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Weathers NOES: None ABSTAIN: Councilman Byrnes 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. PASEO CIELO SEWER - NOTICE OF COMPLETION At the request of the Public Works Director, this item was removed from the Agenda. The matter will be considered at a future Council meeting, 2. PROPOSED TREE TRIMMING SERVICES PROJECT - LOS RIOS AREA Council received copies cf a report dated November 19, 1975, from the Director of Public Works forwarding a, proposal from The Tree People for trimming and maintenance of trees both inside and outside of the public right-of-way on Los Rios Street. -1- 11/19/75 Zgl A right -of -entry would be necessary in order to properly 5 trim the trees and due to the fact that some of the trees are on private property. The project is proposed due to the possible danger of tree limbs falling into the public right - of -way and was initiated by the Planning Department. The Cultural heritage Commission has withdrawn its support of the project pending further consideration of the matter by the Commission. It was moved by Councilman Nash and seconded by Councilman Heckscher that, based.on the information available at the present time, the project be denied without further deliber- ation. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash and Heckscher NOES: Councilman Byrnes and Mayor Weathers ABSENT: None 3. DEL OBSIPO STREET MEDIAN STRIP - AWARD OF CONTRACT Council received copies of a report dated November 19, 1975, from the Director of Public Works forwarding a summary of the bid received on November 11th from D.W. Contracting Company for the construction of the Del Obispo Street median strip between Camino Capistrano and the railroad tracks. The plans and specifications were approved by Council on September 3, 1975. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to accept the low qualifying bid from D.W. Contracting Company in the amount of $7,505.00 for the unit price bid, to award the contract, and to authorize the Mayor to execute the agreement on behalf of the City and the City Clerk to attest thereto. 4. DEL OBISPO STREET BRIDGE APPROACH - FINAL REPORT AND NOTICE OF COMPLETION (R.J. NOBLE COMPANY Council received copies of a report dated November 19, 1975, from the Director of Public Works advising that the construc- tion of the Del Obispo Street bridge approach has been completed by R.J. Noble Company, in accordance with the plans and specifications, at a•total project cost of $7,179.40. RESOLUTION NO. 75-11-19-1 - COMPLETION OF DEL OBISPO STREET BRIDGE APPROACH - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUC- TION OF DEL OBISPO STREET BRIDGE APPROACH It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried that Resolution No. 75-11-19-1 be adopted. The Resolution accepts the work and directs that a Notice of Completion be filed with the Orange County Recorder within ten days of the date of acceptance. It was moved by Councilman Byrnes, seconded.by Councilman Sweeney and unanimously carried to direct staff to make pay- ment to R.J. Noble Company in the amount of $6,461.46; and, upon expiration of thirty-five days from the date of recording the Notice of Completion, to make final payment in the amount of $717.94. 5. PUBLIC WORKS VEHICLE STORAGE BUILDING - EXTENSION OF TIME CHANGE ORDER NO. 1 Council received copies of a report dated November 19, 1975, from the Director of Public Works forwarding copies of Change Order No. 1, for the construction of the Public Works Vehicle Storage Building. An extension of time is requested due to unavoidable delays in delivery of documents and materials. -2- 11/19/75 8 It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to approve Change Order No. 1 for Consolidated Construction Corporation, which will provide a forty -.five calendar day time extension to the contract for the Public Works Vehicle Storage Building Proj ec t. 6. PUBLIC WORKS 60 -INCH PARK MOWER - APPROVAL OF SPECIFICATIONS AND CALL FOR Council received copies of a report dated November 19, 1975, from the Director of Public Works forwarding specifications for a 60 -inch park mower for the Public Works Department, as approved.in the 1975-76 fiscal budget. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to approve the specifications as submitted and to authorize the Director of Administrative Services to advertise and. obtain bids for one 60 -inch park mower, as approved in the current City budget. PUBLIC HEARINGS 1. ENVIRONMENTAL IMPACT REPORT FOR RZ 75-1 PUEBLO SERRA PLANNED COMMUNITY Notice having been given as required by law, Mayor Weathers declared the public hearingopen on the adequacy of the environmental impact report for the proposed Pueblo Serra Planned Community and inquired if anyone in the audience wished to address the Council. The proposed project is located on Camino Capistrano in the vicinity of Junipero Serra Road and Oso Road. The following persons addressed the Council: a. Ron Yeo, Architect, 500 Jasmine Avenue, Corona del Mar, and environmental consultant for the project. b. Lloyd Ross, representing the applicant, First Commercial, Inc. There being no one else wishing to address the Council on this matter, Mayor Weathers declared the Public Hearing closed with the right to re -open at any time. Council discussion of road and bridge alignments and consis- tency with the General Plan ensued. Randy Williams, 29131 Camino Capistrano, also addressed the Council and stated it was his understanding that re -alignment of Camino Capistrano nortli of Junipero Serra would not be accomplished until there is development of the area. It was moved by Councilman Byrnes, seconded by Councilman Nash and unanimously carried to find that the Environmental Impact Report submitted for RZ 75-1 (Pueblo Serra Planned -+ Community) is adequate and note that the Environmental Impact Report has been submitted for information only and that its acceptance is not to be construed as concurrence with all the data provided within it, or as being favorable or unfavorable to the project. 2. ZONE CHANGE REQUEST 75-1 - PUEBLO SERRA PLANNED COMFfU_NITY Council received copies of a report dated November 19, 1975, from the Director of Planning, forwarding copies of the District Regulations for the proposed Pueblo Serra Planned Community. The requested zone change is from GM (Growth Management) to PC (Planned Community). •,, - -3- 11/19/75 C Notice having been given as required by law, Mayor Weathers declared the Public Hearing open on the request for zone change 75-1 for Pueblo Serra Planned Community and inquired if anyone in the audience wished to addressed the Council. There being no response, Mayor Weathers declared the Public Hearing closed with the right to re -open at any time. ORDINANCE NO. 297: RZ 75-1 (PUEBLO SERRA) GM - PC - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING OFFICIAL ZONING MAP AND DISTRICT REGULATIONS ADOPTED BY ORDINANCE NO. 293, SECTION 3.1.2, DESIGNATED AS AMENDMENT NO. 1 (INTRODUCTION) as read by title by the City Attorney. Further reading of all ordinances was waived earlier in the meeting. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that Ordinance No. 297 be introduced. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. ORTEGA HIGHWAY STATUS REPORT - FUNDING PROPOSALS This item was heard early on the Agenda as requested by representatives of Orange County. Mr. Peter Herman, Executive Assistant, addressed the Council on behalf of Supervisor Thomas F. Riley, and presented a letter dated November 19, 1975, from the Supervisor, advising that the County Environmental Management Agency has produced a plan for the improvement of the Ortega. Highway which was endorsed by the Board of Supervisors on November 4, 1975. The County was authorized to enter into a funding agreement with the City. Mr. Carl Nelson, Assistant Director, Orange County Environ- mental Management Agency, addressed the Council and presented a background report of actions taken by the County since May of 1975 regarding funding proposals for the improvement of the Ortega Highway. Since State Caltrans funds are not being committed for new projects, a city -county financing plan is proposed which would substitute local highway funds for State funds in order to match Federal funds. The County would provide $200,000, the City would allocate $100,000 in 1976-77 gas tax funds, anyd Federal aid highway funds would provide approximately 83% of the total construction cost. Caltrans would design the project. The proposed improvements include a 4 -lane improvement from the San Diego Freeway to La Novia; a 2 -lane realignment and complete reconstruction from La Novia to La Pata; and, a well-designed intersection at La Pata to accommodate refuse disposal traffic. It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried to give conceptual approval of the recommendations contained in the Board of Supervisors Resolution No. 75-1543 dated November 4, 1975, as follows: a. The City is to commit its fiscal year 1976-77 highway users funds to the project; b. AHFP funds are to be appropriated for an unbalanced project to provide matching funds; C. The Director of the Environmental Management Agency is authorized to present the matter to the Caltrans Distriot Staff for approval.of concept, and the preparation of an agreement between the City, the County of Orange and the State of California for financing the project is authorized. Also, City staff is authorized Highway Commission on November Ortega highway funding. to appear before the California 21, 1975, to testify regarding -4- 11/19/75 53 o ESOI.UTIONS 1. PROPOSED FIRE STATION SITE ON DEL OBISPO STREET Council received copies of a report dated November 19, 1975, from the City Manager forwarding a proposed resolution endorsing the location of a future fire station on the west side of Del Obispo Street between the Ortega Highway and Camino Capistrano. The City Manager gave an oral report of sites considered during meetings with County and local agency representatives and advised that although the County would not be required to submit an environmental impact report, City guidelines are normally followed as a courtesy matter. Jean Lacouague, Chief of the San Juan Capistrano Volunteer Fire Department,addressed the Council and advised that the Del Obispo site was favored due to its prime location and that the County had requested formal preference for a site from the City. RESOLUTION NO. 75-11-19-2: PROPOSED FIRE STATION LOCATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ENDORSING A SITE WITHIN THE CITY OF SAN JUAN CAPISTRANO FOR A FIRE STATION It was moved by Councilman Byrnes, seconded by Councilman Sweeney and unanimously carried that Resolution No. 75-11-19-2 be adopted. ORAL COMMUNICATIONS AGRICULTURAL PRESERVATION PROGRAM The following persons addressed the Council on this matter: 1. Mr. Randy Williams read a letter dated November 12, 1975, from Charles D. Swanner in opposition to the proposed City Agricultural Preservation Program. 2. Mr. Harold Medina, Vice President', Harbor Lane Homeowners Association spoke in favor of the program and the extension of the agricultural overlay. 3. Mrs. Barbara Davies, representing Town Hall Association, spoke in favor of the program and the extension of the agricultural overlay. 4. Mr. Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach, spoke in opposition to the extension of the agricultural overlay. RECESS AND RECONVENE Council recessed at 9:20 P.M. and reconvened at 9:35 P.M. CONSENT CALENDAR The Director of Administrative Services requested that the List of Demands be 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 all other Consent Calendar items, as follows: 1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF 10/31/75 The City Treasurer's Report of Investments for the period ending October 31, 1975, was received for information. 2. REPORT OF 1911 ACT BOND DELINQUENCIES AS OF 11/4/75 The City Treasurer's Report of 1911 Act Bond delinquencies as of November 4, 1975, was received for information. -5- 11/19/75 3. PROCLAMATION - WEEK OF CONCERN 11/16 - 11/23/75 531 (MARCH OF DIMES) The period November 16 through 23, 1975, is proclaimed "Week of Concern" in the City, as requested by the National Foundation - March of Dimes. 4. REPORT OF PLANNING COMMISSION ACTIONS FOR 11/4/75 The Report of actions taken by the Planning Commission at its regular meeting of November 4, 1975, was received for information. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS FOR 11/4/75 The Report of actions taken by the Cultural Heritage Commis- sion at its regular meeting of November 4, 1975, was received for information. 6. REOUEST FOR SOLICITATION PERMIT - MONTH OF FEBRUARY, 1976 (AMERICAN HEART ASSOCIATION) The request of the Orange County Chapter of the American Heart Association for permission to solicit for funds within the City during the month of February, 1976, was approved, contingent upon receipt of a completed Solicitation Applica- tion Form. 7. CITY SAFE DEPOSIT BOX SIGNATURES The signatures of James S. Mocalis, City Manager; Charles V. Neal, City Treasurer; and John O'Sullivan, Director of Administrative Services, are authorized for use of the City safe deposit box at California First Bank. 8. APPROVAL OF WARRANTS The Director of Administrative Services advised that Warrant No. 6070 is to be removed from the List of Demands and voided since the Paseo Cielo sewer report was removed from the Agenda. After clarification of other warrants, it was moved by Councilman Byrnes, seconded by Councilman Sweeney an unanimously carried that the List of Demands dated November 19, 1975, Warrant Nos. 6013 through 6148, excluding No. 6070, and including 1911 Act Account Warrant Nos. 0165, 0166 and 0167, in the amended total amount of $136,555.55, be approved. DIRECTOR OF PLANNING 1. REQUEST TO CONDUCT SWAP MEET - MISSION VIEJO JAYCEES Council received copies of a report dated November 19, 19751 from the Director of Planning forwarding an application for a Temporary Use Permit from the Mission Viejo Jaycees to conduct_a Giant Flea Market on Sunday, November 23, 19750 From 7:00 A.M. to 3:30 P.M. at the Mission Drive -In Theater. Thd proceeds of the event are to be used to purchase paramedic equipment. Council discussed the staff recommenda- tion that swap meets .not be conducted within the City limits due to policing problems and the fact that the event was advertised prior to.Council consideration of the matter. Mr. Mike Eggers, 29246 Edgewood Road, addressed the Council and read a letter dated November 18, 1975, from William G. Kearns, President, South Coast Jaycees, urging Council approval of the event. Mr. Eggers advised that the Jaycees would provide traffic control and would cooperate with the Sheriff's Department -6- 11/19/75 532 RESOLUTION NO. 75-11-19-3: TEMPORARY USE PERMIT (SWAP MEET) - A RESOLUTION OF THE CITY COUNCIL OF TILE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING RECIUEST OF MISSION VIEJO JAYCEES FOR PERMISSION TO CONDUCT GIANT FLEA MARKET FOR OPERATION LIFESAVER It was moved by Councilman Byrnes and seconded by Councilman Sweeney that Resolution No. 75-11-19-3 be adopted with the understanding that the approval was granted for this specific event and that the granting of the Temporary Use Permit does not imply a policy direction from the City Council with regard to swap meets in general. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes and Mayor Weathers NOES: Councilman Nash ABSTAIN: Councilman Heckscher ABSENT: None SUBDIVISIONS AND ANNEXATIONS 1. TENTATIVE PARCEL MAP 75-6 (MURALT) Council received copies of a report dated November 19, 1975, from the Director of Planning and copies of Planning Commis- sion Resolution PC 75-11-4-4 approving Division of Land 75-5, a division of approximately 3.91 acres of land located on the west side of Camino Capistrano south of San Juan Creek into three parcels. Members of the Planning Commission had expressed concern with piecemeal development in the area; It %as moved by Councilman Nash and seconded by Councilman Heckscher that Tentative Parcel Map 75-5 be denied. Mr. David Muralt, 4001 Calle Juno, San Clemente, developer of the property, addressed the Council. The Director of Planning addressed the problems of undergound utilities and street improvements. The above motion then failed by the following votd: AYES: Councilmen Nash and Sweeney NOES: Councilmen Byrnes, Heckscher and Mayor Weathers ABSENT: None It was moved by Councilman Byrnes and seconded by Councilman Heckscher that Tentative Parcel Map 75-5 (Muralt) be approved based upon the findings and actions of the Planning Commis- sion. The motion carried by the following vote: AYES: Councilmen Byrnes, Heckscher and Mayor Weathers NOES: Councilmen Sweeney and Nash ABSENT: None 2. TENTATIVE PARCEL MAP.75-6 (SMYTH) Council received copies of a report dated November 19,1975, .from the Director of Planning regarding Tentative Parcel Map 75 which which would create a `21,000 square foot lot from approximately 5.45 existing acres. The property is located on the northwest corner of Camino Capistrano and Avenida Aeropuerto. Copies of Planning Commission Resolution PC 75-11-4-1 were also provided.. -7- 11/19/75 X33 It was moved by Councilman Nash, seconded by Councilman Byrnes and unanimously carried that Tentative Parcel Map 75-6 (Smyth) be approved based upon the findings and actions of the Planning Commission of consistency with the General Plan and adherence to Land Use Management Code requirements. ADMINISTRATIVE ITEMS: CITY MANAGER 1. AGRICULTURAL PRESERVATION STUDY REPORT Pursuant to Council direction at the meeting of November 5, 1975, Council received copies of a report dated November 19, 1975, from the City Manager outlining proposed actions to implement the Agricultural Preservation Program, proposed Ordinance wording declaring Council intention to proceed with the Program, proposed Opinion O,uestions wording, and alternative actions regarding placement of the matter on the March 2, 1976, municipal ballot. Forwarded also were copies of reports from the Director of Planning covering the Phase III report, alternative ballot measures, and the formation of a committee to discuss the program with affected property owners, and commentary from the Director of Administrative Services and the City Clerk. Council members discussed the following: Whether an ordinance should be adopted in support of the agricultural program or whether the matter should be placed on the ballot in the form of a proposition; whether an extension of the agricul- tural overlay should be supported; whether preservation should be in the form of open space acquisition; whether specific properties set forth in the General Plan should be identified. It was moved by Councilman Byrnes and seconded by Councilman Sweeney that the City Council not adopt an ordinance in support of agricultural preservation in the City. The motion carried by the following vote: AYES: Councilmen Sweeney, Byrnes and Mayor Weathers NOES: Councilmen Nash and Heckscher ABSENT: None It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the City Clerk be directed to place opinion questions on the ballot for the Marchi 2, 1976, General Municipal Election. Council suggested a ballot proposition that would outline a program of agricul- tural preservation and ask the voters whether or not they would be supportive of a tax allocation as a means of raising funds for acquiring and controlling areas designated for agriculture. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that staff be directed to prepare a document which would serve as a preamble for the ballot questions which would include Council's intention that the areas proposed to be designated for agricultural preservation are specific areas and are currently within the agricultural overlay. " Mayor Weathers directed t;iat staff provide a sliding scale of development fees for new residential construction based on home values. -8- 11/19/75 4 It was moved by Councilman Nash and seconded by Councilman 3IIeckscher that General Plan Amendment No. 2 be initiated to determine whether the existing Agricultural Overlay should be retained, modified, or extended. The motion failed by the following vote: AYES: Councilmen Nash and IIeckscher NOES: Councilmen Sweeney, Byrnes and Mayor Weathers ABSENT: None DIRECTOR OF ADMINISTRATIVE SERVICES 1. EVALUATION OF CABLE TELEVISION SERVICES Council received copies of a report dated November 19, 1975, from the Director of Administrative Services forwarding a proposal and fee schedule from Cable Dynamics, Inc., for evaluation of the City's CATV operation, ordinance, franchises and rate structures. Council requested receipt of a report including cost estimates for the evaluation and more explicit information of what would be included in the study by Cable Dynamics. ADJOURNMENT , 11 1 Pursuant to Resolution No /75-3-5-6, Mayor Weathers declared the Council meeting adjourned until the following Wednesday, November 26, 1975, at 7:00 P.M. in the City Council Chamber for completion of the Agenda. Respectfully submitted, MARY ANfHANOVER, CITY CLERK -9- 11/19/75