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77-0622_CC_Minutes_Adjourned Regular MeetingJUNE 22, 1977 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Heckscher at 7:30 P.M. -in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. ROLL CALL PRESENT- Yvon 0. Heckscher, Mayor Kenneth E. Friessi Mayor pro tem Richard D. McDowell, Councilman Douglas B. Nash, Councilman John B. Sweeney, Councilman ABSENT: None STAFF PRESENT- James S. Mocalis, City Manager; John O'Sullivan, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell, Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. ORAL COMMUNICATIONS 1. CAPISTRANO AIRPORT (88) The following persons addressed the Council in favor of retain- ing the Airport use: (1) Bruce Winton, 601 Del Cerrito, San Clemente, partner in the Capistrano Airport opertation. (2) H. M. Groettrup, 31643 Coast Highway, Laguna Niguel; (3) Franklin Dimino, Attorney at Law, 501 Avenida Teresa, San Clemente, representing Capistrano Flying Service and individual pilots; (4) Rose Corrigan, Rancho Los Cerritos; (5) Mrs. Edward Adams, 25602 Marina Drive; (6) Leonor Hammond, 31441 Los Cerritos Road. The following persons addressed the Council in opposition to retaining the Airport use: (1) Tim Ward, 33162 Via Mayor; (2) Frank Lingle, 33241 Via Mayor. The following persons also addressed the Council on the subject: (1) Frank Sperber, 25701 Via Solis, suggested that aircraft landings during Santanna wind conditions be addressed in the Ordinance. (2) Bill Bathgate, 29643 Camino Capistrano, noted that fixed wing aircraft are used for crop dusting, spraying, and frost protection of agricultural lands. 2. LOS RIOS AREA (23) Leonor Hammond, 31441 Los Cerritos Road, suggested that a fence be installed between Los Rios Street and the railroad tracks as a safety measure. -1- 6/22/77 3. AGRICULTURE PRESERVATION INCENTIVES (68) Bill Bathgate, 29643 Camino Capistrano, inquired as to implementa- 8 5 tion and availability of incentives for farmland preservation. ORDINANCES 1. REGULATING AIRPORT USE (88) Council received copies of a report dated June 22, 1977, from the City Manager forwarding comments on the,proposed Ordinance, as directed by Council on June 8, 1977. The report includes recommendations that all commercial activity be prohibitied after September 8, 1977; that all aircraft be prohibited from using the runway and taxiway after'June 8, 1978; that the Airport Conditional Use Permit be rescinded effective June 8, 1978; and, if an alternate site is dereloped within a reasonable period of time, that consideration be given to extending the use of the runway and taxiway by local pilots until a transfer of aircraft is possible, with the CUP continued until such transfers are complete. A proposed Ordinance was also forwarded for Council consideration. The following written correspondence was received in support of retaining the Airport operation: (1) Letter dated June 22, 1977, from Bill Silzle, 31523 Aguacate Road; (2) Letter dated June 6, 1977, from Bill Higgins, 3265A East 7th Street, Long Beach 90804; (3) Letter dated June 14, 1977, from Jeffrey H. Gilley, Aircraft Owners and Pilots Association, 7315,Wisconsin Avenue, Washington, DC 20014. The following written correspondence was received in opposition to retaining the Airport operation: (1) Letter dated June 18, 1977, from Tim Ward, 33162 Via Mayor. Council members discussed the possibility of a general aviation airport being located within County unincorporated territory and addressed the items set forth in the City Manager's report. In response to Mayor Heckscher, Mr. Mocalis advised that the City is in litigation over the abatement of the billboard located in the airport approach path, and that the airport operators have indicated they will assume the expense of removing the bamboo. Councilman Nash stated he would support the recommendations with the insertion of a ban on transient aircraft; with that condition, night landings would be acceptable; Paragraph B, Section 5, should include "fish spotting" and "plane rentals" as prohibited commercial activites; Paragraph C, Section 5, setting forth maximum airplane weight should read, "gross weight in*excess of 5,000 pounds;"phase out of the airport operation should occur in one year in order to force the issue of locating an alternate site. Councilman Friess stated he would agree to a prohibition on transient flyers, but would not ban rental aircraft; suggested that the entire cost of City -hired security guards be borne by the pilots; would agree to the base landing permit fee of $10 per month. I Councilman McDowell stated that if transient aircraft and flying instruction are curtailed, the operators would not be able to maintain the airport for another year. Councilman Sweeney inquired as to the City's liability burden; stated he would agree to some leeway on night landings, as set forth in Section 6; agrees with a prohibition on fish spotting -2- 6/22/77 �6*rf as a commercial use, but would not ban rental aircraft; would agree with the 5,000 pound gross weight limit if it is compati- ble with the elimination of twin and high-powered engines; would approve the closure date of June 8, 1978, for both the airport and Flying Service; agrees with the recommendation that transient aircraft be allowed to continue using the airport pending deter- mination that transients are the major cause of complaints; finds the trip permit fee acceptable. Mr. Sweeney stated lie would prefer that staff return with the proposed ordinance reflecting the amendments suggested before final action is taken. Mayor Heckscher noted that with the safeguards proposed, transients could be allowed for a trial period; supports the monthly base landing fee to defer the cost of inspectors; would expect transients to pay a landing fee and suggested that Paragraph B, Section 3, read, ". . . pay a trip permit fee for every first landing daily. . ;II would agree to allowing the Plying Service to continue its operation; requested that the gross weight of 5,000 pounds and the 300 horsepower designations be verified; would agree that night landings be permitted; would not agree to closure of the airport until an alternate site is found; suggested that the amended ordinance be submitted at the next regular meeting. The following actions were taken: 1. Transient Aircraft .It was moved-5—y-Co-uncilman Sweeney and seconded by Councilman --- - McDowell V.at the Ordinance be revised to allow continuance of interim use of the airport by transient aircraft pending ----a subsequent determimation that transients are the major cause of complaints, as set forth in Paragraph 1 of the June 22nd report. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, and Mayor Heckscher NOES: Councilmen Friess and Nash ABSENT: None 2. Section 6. Hours of Operation. it was t consensus of TH-e-W-uncil that Section 6 remain unchanged and night landings not permitted. 3. Section 5. Prohibited Landings and Takeoffs. TFe—.rewas a consensus that Paragraph B inclUde banner towing, crop dusting, cargo or passenger transport, flight instruction, and fish spotting. 4. There was a consensus that amendments to Paragraph C regarding a gross weight limit of 5,000 pounds be verified by the City Manager. 5. Mayor Heckscher noted that the following items are referred to'the City Manager: a. A determination is to be made as to whether landing fees, trip fees, and filing of trip plans are proper. b. Whether Council should state its position on phasing out of the airport operation since it does not relate to the Ordinance. C. Payment of trip permit fees by transients only on first landings daily. d. Pursuant to Mr. Sweeney's request, the next report is to include revenue vs. staff costs. -3- 6/22/77 87 14, V RECESS AND RECONVENE Council recessed at 9:10 P.M. and reconvened at 9:27 P.M. 1977-82 FISCAL BUDGET (24) Council continued the review of the departmental budgets, including City Attorney, Administrative Services, City Treasurer, Payroll Burden, and Community Promotion. Copies of a report dated June 22, 1977, were received from John O'Sullivan forwarding a proposed Resolution for the adoption of the 1977-82 Budgets and Fiscal and Community Service Program. Council also received copies of a report dated May 26, 1977, from Loretta Murray, Administrative Assistant, forwarding a summary of salaries, budgets, and staffs of City Attorneys in Orange County Cities. The budget provides for a salaried City Attorney position, with Mr. Okazaki being available on a full-time basis but providing his own staff, office, and equipment with a budget for 1977-78 of $39,000 including fringe benefits. The City Attorney would be eligible for retirement, vacation, and sick leave benefits. With regard to computer lease, Mr. O'Sullivan advised that a further report would be available in July on information received from the School District. Public Hear Notice of Continuation from June 8, 1977, having been'given as required by law, Mayor Heckscher declared the Public Hearing re -opened on the 1977-82 fiscal budget and inquired if anyone in the audience wished to address the Council. The following persons responded: (1) Marilyn Williams, 29931 Ca mino Capistrano; (2) Ed Bieschki, 33941 Nantacourt, Laguna Niguel, President, Dana Hills High School Band Boosters;. (3) Brett Shears, 26722 Paseo Loreto, Parks and Recreation Commissioner, provided copies of a revised budget for park and recreation fees. There being no one else wishing to address the Council, Mayor Heckscher declared the Public Hearing closed. Park and Recreation Budget: Council discussed Mr. Shears' request that staff be directed to find alternatives to depositing park funds in the maintenance reserve so that proposed projects may be accomplished; Councilman Friess suggested that the Commission recommendation be accepted with regard to Cook Park and the Dance Hall and -that further consideration be deferred for staff review and study. Mayor Heckscher noted that recognition should be given to the fact that the parks designated as "Community," "Alto Capistrano," and "Mission Bell" have been identified and are desirable projects. Council discussed the Commission request that fees be used for park acquisition and there was a consensus that the expenditure account entitled "Maintenance Reserve" be changed to "Acquisition - Development Reserve." Community Promotion: Council received copies of a report dated June 22, 1977, from -4- 6/22/77 John O'Sullivan analyzing the following community group funding requests for 1977-78: Chamber of Commerce San Juan Capistrano Historical Community Counseling Center Dana Hills Dolphin Band Booster 4th of July Association Total $14,000 Society 7,400 20,000 Club 1,250 1,000 $43,650 Council also received copies of the b,idgets for each of the above-mentioned organizations with the exception of the Dana Hills Band Boosters. ORANGE COUNTY VECTOR CONTROL (57) Council was advised of an alleged insect problem from swallow nests at the Powell residence, 31231 Via Solana, and copies of a letter dated June 22, 1977, from Roy E. Eastwood, Orange County Vector Ecologist, were provided. With the concurrence of the Council, Mayor Heckscher directed that the City Manager investigate abatement of the nuisance and notify Council members of the action taken prior to the next meeting. Councilman Friess suggested that the Audubon Society be contacted. ADJOURNMENT It was moved by Councilman Sweeney and seconded by Councilman McDowell that the meeting be adjourned. The motion.carried by1he following vote - AYES: Councilmen Sweeney, McDowell, and Nash NOES: Councilman Friess and Mayor Heckscher ABSENT: None The meeting was adjourned at 11:15 P.M. to the next meeting date of Wednesday, June 29, 1977, at 7:00 P.M. in the Council.Chamber of City Hall. Respectfully submitted, 2- - �___ 9- e12� MARY ANN rOVER, CITY CLERK ATTEST: -5- 6/22/77