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.
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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
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�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.
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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
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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:
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