75-1126_CC_Minutes_Adjourned Regular MeetingH
NOVEMBER 26, 1975
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of
order by Mayor Weathers at 7:06 P
for the purpose of continuing the
November 19, 1975.
ROLL CALL: COUNCILMEN PRESENT
COUNCILMEN ABSENT:
the City Council was called to
.M, in the City Council Chamber
City Council Agenda of Wednesday,
James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Douglas B. Nash
Councilman Yvon 0. Heckscher,
who joined the meeting at 7:18 P.M.
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.
ADMINISTRATIVE ITEMS:
DIRECTOR OF ADMINISTRATIVE SERVICES
1. EVALUATION OF CABLE TELEVISION SERVICES - CABLE DYNAMICS, INC.
Council received copies of a report dated November 26, 1975,
from the Director of Administrative Services forwarding a list
of duties to be performed by Cable Dynamics, Inc., should
the Council authorize the retention of the firm to evaluate
the City's cable television service.
It was moved by Councilman Byrnes and seconded by Councilman
Sweeney to authorize the retention of Cable Dynamics, Inc.,
on an hourly or daily rate, total charges not to exceed $7,500;
the agreement is to include the items listed in the memorandum
of November 26, 1975; and, the firm is to provide information
.regarding possible City ownership of the underground system
and a possible format for determination of assigning areas
to a given operator so that it is a City decision rather than
an agreement between the operator and developers. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Byrnes, Nash and
Mayor Weathers
NOES: None
ABSENT: Councilman Heckscher
CITY COUNCIL
Councilman Heckscher joined the meeting at 7:18 P.M.
DIRECTOR OF PLANNING
1. AGRICULTURAL PRESERVATION PROGRAM -
RETENTION OF CONSULTANT
Council received copies of a report dated November 19, 1975,
from the Director of Planning regarding further research
by the firm of Levander, Partridge & Anderson, Inc., in
conjunction with the Agricultural Preservation Program. The
Phase III Report has been completed and that contract fulfilled.
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2 Mr. Levander's letter proposal dated November 10, 1975, was
received also.
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried to authorize the City Manager
to contract for additional services with the firm of
Levander, Partridge & Anderson, Inc., as necessary, in order
to effectuate the Agricultural Program.
DIRECTOR OF PUBLIC WORI{S/CITY EiNTGINEER
1. PROPOSED VACATION OF PORTION OF DEL OBISPO STREET -
BICYCLE RESTSTOP F LKL M
Council received copies of a report dated November 19, 1975,
from the Director of Public Works regarding the proposed
vacation of a portion of Del Obispo Street for a bicycle
reststop, as directed by the City Council on July 16, 1975.
Mr. Harry Falklam, owner of the property in question,
addressed the Council in opposition to the proposed bicycle
reststop and stated his property would be deprived of Del
Obispo Street frontage if the project is undertaken.
Mayor Weathers directed that consideration of this matter
be continued to the meeting of December 17, 1975. The Director
of Public Works is to supply a map showing the relationship
of this property to adjacent properties, proposed bike trails,
and the projected expansion of the roadway; and, a background
informational report on how this property became City property.
The Director of Planning is requested to report on whether
the loss of this particular piece of property would severely
impact the use of the land by Mr. Falklam.
2. COMPLETION OF DEL OBISPO STREET IMPROVEMENTS -
RELEASE OF LETTER OF CREDIT C ISTRAN -VALLEY BAPTIST CHURCH)
Council received copies of a report dated November 19, 1975,
from the Director of Public Works advising that the street
improvements on Del Obispo Street have been completed and that
it is appropriate for the City to release the Letter of Credit
in the amount of $20,700 which was accepted on July 2, 1975,,,
from the Capistrano Valley Baptist Church in lieu of an
improvement bond.
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried to determine that the work has
been completed in accordance with the plans and to declare the
work to be accepted. The Letter of Credit, insured by the
Bank of America, Savings Account #2-3896, is to be released
to the Capistrano Valley Baptist Church.
3. STATUS REPORT - VISIT OF AMERICAN FREEDOM TRAIN -
Council received copies of a report dated November 19, 1975,
from the Director of Public Works regarding the status of
preparations for the visit of the American Freedom Train
on January 19 and 20, 1976.
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried to request community support of the
Freedom Train visit, including the donation of goods and
services by the community at large. Suggested items which
could be donated by the business community are: dumpster bins
and trash containers, trams, rental cars, lodging, equipment
for emergency services, public address systems, stages, exhibits
and displays, and parking areas.
At the request of Council, a presentation will be made on
January 7, 1976, of preparations for the Freedom -Train visit,
including parking, traffic and crowd control. Mayor Weathers
suggested that the item be advertised so that local merchants
could provide input.
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PI
TRAFFIC AND TRANSPORTATION COMMISSION
1. ESTABLISHMENT OF LOADING ZONE. -
EL�INO REAL SOUTH OF ORTEGA HIGHWAY
Council received copies of a report dated November 19, 1975,
from the Director of Public Works regarding the request of
Mr. Darnold, Manager of E1 Peon, that a loading zone be
established on El Camino Real near the pottery yard to
facilitate truck deliveries.
RESOLUTION N0. 75-11-26-1; LOADING ZONE - PORTION OF .
EL C MINO REAL - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JU C ISTRANO, CALIFORNIA, ESTABLISHING A "LOADING
ZONE" ON THE WEST SIDE OF EL CAMINO REAL FROM 95 FEET SOUTH
OF THE CENTERLINE OF ORTEGA HIGHWAY TO 25 FEET SOUTHERLY
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-11-26-1
be adopted.
2. 'NO PARKING ZONE - PASEO ADELANTO
Council received copies of a report dated November 19, 1975,
from the Director of Public Works forwarding a recommendation
from the Traffic and Transportation Commission that a "No
Parking" zone be established on Paseo Adelanto in order to
increase safety and to facilitate the orderly movement of
traffic. Since completion of the Trabuco Creek Bike Trail,
skateboarders have been parking on the street near the
Del Obispo Bridge. Council discussed the possibility of
providing a skateboard ramp as a recreational facility.
RESOLUTION NO. 75-11-26-2: PARKING REGULATIONS — PORTION
OF PASEO ADELANTO - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF JU N CAPISTRANO. CALIFORNIA, ESTABLISHING
"NO PARKING" AREAS ON BOTH SIDES OF PASEO ADELANTO FROM (42)
FORTY-TWO FEET SOUTH OF THE CENTERLINE OF DEL OBISPO STREET
TO (500) FIVE HUNDRED FEET SOUTHERLY
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-11-26-2
be adopted.
PUBLIC HEARING DATE -
GENERAL PLAN AMENDMENT NO. 1
At the request of the Director of Planning, Mayor Weathers set
the date of Monday, December 15, 1975, at 7:00 P.M. in the City
Council Chamber for the time and place for a Public Hearing on
General Plan Amendment No. 1.
COUNCIL REMARKS
1. U.S. IMMIGRATION AND NATURALIZATION SERVICE
Councilman Byrnes advised Council of a "sweep" which took place
in the City on November 21st by immigration officials in order
to locate illegal aliens and suggested that a Resolution be
adopted covering the following points of concern:
a. That the enforcement of existing laws must lie within
a framework of constitutional rights of the individual;
b. Persons must not be made to suffer repression due to
national origin;
C. There must be due process in the policies of immigration
officers in their acts of search and detention;
d. There should be better communication between border
patrol officers and the City administration; the City
Manager should be directed to accept and forward
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complaints pertaining to n:rrassment and unseemly
force in the carrying o+tc of the law;
e. Copies of the Reso�ution are to be forwarded to the
Director of tl,p Immigration Service in Washington, D.C.;
to Mr. Fli-,'ick, the Los Angeles Director; and, to our
Sta`_.; and National legislators.
It was moved by Councilman Byrnes and seconded by Councilman
Heckscher that Resolution No. 75-11-26-3 be adopted.
Council Members discussed the matter and concurred that the
Resolution was for the purpose of drawing public attention to
the problem and that there was no intention of condoning
crime; and, that the Resolution should be expanded to include
all persons of Latin descent, both those lawfully admitted
to the country and those not lawfully admitted.
The motion on Resolution No. 75-11-26-3 carried unanimously.
2. LAND USE MANAGEMENT CODE
3
4
5
Councilman Nash inquired into
the Land Use Management Code
the printing is not complete,
handwritten corrections.
ENVIRONMENTAL REVIEW BOARD
the status of the printing of
and was advised that, although
copies are available with
Councilman Nash commented that the membership of the Environmental
Review Board appears to be in a constant state of flux. The
City Manager advised that the Planning Director is Chairman
and the City Manager and Director of Public Works are members;
the Code authorizes either those members or their delegates
to act.
CITY CODE
Councilman Heckscher inquired as to the status of the City
Code and the City Manager advised that an Administrative Aide
had been added to his staff effective December 1st in order
to work on the City Code, the Personnel Ordinance and the
Administrative Manual.
CITY RETIREMENT PLAN
Councilman Heckscher inquired
is fully funded and requested
than the end of January, 1976.
6. LIST OF PRIORITY ITEMS
if the City's retirement plan
receipt of a report not later
Councilman Sweeney noted that the List of City Priority Items
should be available by early January.
7. CITY CORRESPONDENCE
Councilman Sweeney noted that appropriate response to letters
addressed to the City should be implemented.
8. HISTORICAL PRESERVATION - JUDGE RICHARD EGAN HOUSE
Councilman Sweeney noted a recent newspaper article regarding
the possible donation of the Judge Richard Egan House to the
City. The Director of Administrative Services advised that
he would report back to Council on this item in early January.
9. CITY LIABILITY INSURANCE COVERAGE
In response to Councilman Byrnes, the Director of Administrative
Services advised that the City's public liability insurance
policy expires February 16, 1976, since the company is no
longer in the municipal insurance business.
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RECESS AND RECONVENE
Council recessed at 8:50 P.M. and reconvened at 9:03 P.M.
EXECUTIVE SESSION
Council recessed at 9:03 P.M. for an executive session to discuss
personnel matters and reconvened at 10:10 P.M.
PARKS AND RECREATION COMMISSION APPOINTMENTS
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that Air. Brett Shears and Dr. Marvin
Broder be appointed to fill the vacancies on the Parks and
Recreation Commission.
TRAFFIC AND TRANSPORTATION COMMISSION
Mayor Weathers announced that the City is seeking applications
from persons qualified in the fields of traffic planning, design, and
control to serve on the Traffic and Transportation Commission.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:12 P.M. to the next regular meeting date of
Wednesday, December 3, 1975, at 7:00 P.M. in the City Council
Chamber.
APPROVED:
e
Respectfully submitted,
ANrAhOVER, CITY#T
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