74-0528_CC_Minutes_Regular Meeting127
MAY 28, 1974
REGULAR MEETING OF THE CITY COUNCIL, CITY OF SAN JUAN CAPISTRANO
The Regular Meeting of the City Council was called to order by
Mayor Byrnes at 7:00 P.M., followed by the Pledge of Allegiance to
the Flag. Invocation was given by George Madsen,
ROLL CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor
James K. Weathers, Mayor pro tem
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
Councilman John B. Sweeney
COUNCILMEN ABSENT: None
STAFF PRESENT: Donald G. Weidner, City Manager: George Madsen,
Sr. Project Engineer; William Murphy, Director of Public Works;
James Okazaki, City Attorney; John O' Sullivan, Director of Finance:
David Smith, Director of Planning: Mary Ann Hanover, City Clerk.
APPROVAL OF MINUTES
There being no objections,, Mayor Byrnes ordered approval of the
Minutes of the Regular Meeting of April 22, 1974, as corrected, and
approval of the Minutes of the Special Meeting of May 7, 1974, the
Regular Meeting of May 13, 1974, and the Adjourned Regular Meeting
of May 20, 1974, as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Heckscher, seconded by Councilman Sweeney
and unanimously -carried that all ordinances and resolutions be read
by title only,
COMMUNICATIONS - ORAL
1, CHAMBER OF COMMERCE - PROPOSED EXTENSION OF DEFERRAL PERIOD
Mrs. Leona Fitzpatrick, representing the Chamber of Commerce,
addressed the Council in opposition to a complete moratorium
on future growth,
2, COUNTY ANIMAL SHELTER LOCATION
Mrs. Marilyn C. Williams and Mr. Charles D. Swanner addressed
the Council. It was moved by Councilman Nash, seconded by
Councilman Sweeney and unanimously carried to inform the
appropriate agency of Orange County that their proposed
location of the Animal Shelter on a parcel of land in the City
of San Juan Capistrano immediately north of Juniperro Serra
Road between Camino Capistrano and the San Diego Freeway is
incompatible with the City's conceptual land use map and that
the City Council go on record in opposition to this location.
COMMUNICATIONS - WRITTEN
1. LEGISLATION - COUNTY TRANSIT SYSTEM
Mayor Byrnes ordered the letter dated May 13, 1974, from
Mayor Patterson of Santa Ana, requesting support of Assembly
Bill No. 3951 (1% sales tax to fund an Orange County transit
system), received and filed.
2. CHAMBER OF COMMERCE - FUNDS FOR RODEO - CINCO DE MAYO
Council received a letter dated May 10, 1974, from the
Chamber of Commerce advisin- that the financial subsidy
for the Rodeo was not necessary,
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ASSESSMENT DISTRICT NO. 1973-1 -- ESTABLISHMENT OF HEARING DATE
Mayor Byrne^ directed that the Public Hearing on 1911 Act Proceedings
Assessment District 1973-1 be scheduled for the Regular Council Meeting
of June 19, 1974.
BIDS, CONTRACTS, AGREEMENTS
1. 1974 WEED ABATEMENT - AWARD OF CONTRACT
It was moved by Councilman Sweeney, seconded by Councilman
Weathers and unanimously carried to award the contract for 1974
weed abatement services to the low bidder, Burt E. Taylor, for
the unit prices bid and to authorize the Mayor to execute the
contract for said services. _
2. AGREEMENT - ABANDONED VEHICLE ABATEMENT PROGRAM
RESOLUTION NO. 74-5-28-1: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO APPROVING AN AGREEMENT BETWEEN
THE STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
AND THE CITY OF SAN JUAN CAPISTRANO RELATING TO THE ABATEMENT
OF ABANDONED VEHICLES.
It was moved by Councilman Weathers, seconded by Councilman Nash
and unanimously carried to adopt Resolution No. 74-5-28-1. The
agreement provides for reimbursement to the City of expenses
incurred during fiscal year 1974-75.
LEGISLATIVE ITEMS
1. PROPOSED EXTENSION OF DEFERRAL PERIOD
2.
3.
4
5.
It was moved by Councilman Weathers, seconded by
and unanimously carried that consideration of the
regarding the extension of the deferral period be
meeting of June 5, 1974, so that maximum feasible
pation and input may be obtained.
EMPLOYEES' CLASSIFICATION AND SALARY PLAN
Councilman Nash
proposed ordinance
continued to the
citizen partici-
RESOLUTION NO. 74-5-28-2: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO AMENDING THE EMPLOYEES' CLASSIFICATION
AND SALARY PLAN.
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried to adopt Resolution No. 74-5-28-2.
CAPISTRANO UNIFIED SCHOOL DISTRICT - YEAR-ROUND USE OF FACILITIES
RESOLUTION NO. 74-5-28-3: RESOLUTION OF THE CITY COUNCIL OF THE CII
OF SAN JUAN CAPISTRANO URGING THE BOARD OF TRUSTEES OF THE CAPISTRAT
UNIFIED SCHOOL DISTRICT TO IMPLEMENT A PROGRAM OF THE YEAR-ROUND
UTILIZATION OF SCHOOL FACILITIES.
It was moved by Councilman Sweeney, seconded by Councilman Weathe
and unanimously carried to adopt Resolution No. 74-5-28-3.
BEACH, PARK AND RECREATIONAL BOND ISSUE - PROPOSITION 1
It was moved by Councilman Ileckscher, seconded by Councilman Sweene}
and unanimously carried to reaffirm Council Resolution No. 74-5-13-1
in support of the State Beach, Park, Recreation and Historical
Facilities Bond Act of 1974 (Proposition 1), emphasizing that if the
issue is passed San,Juan Capistrano should receive approximately
$57,000 which will be utilized in the developm=nt of Long Park: and,
further, that funds from this bond issue may be available to be
utilized in the historic preservation of significant features within
the City.
ACCEPTANCE OF STREET RIGHT-OF-WAY DEED. ALIPAZ (CHADE)
It was moved by Councilman Sweeney, seconded by
unanimously carried to accept the easement deed
Alma Chade on Alipaz Street and to authorize the
certify acceptance (Project SJC 7243).
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Councilman Nash and
from Edward and
City Clerk to
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APPOINTMENT OF DEPUTY CITY TREASURER
There being no objections, it was moved by Councilman Sweeney,
seconded by Councilman Nash and unanimously carried to authorize
City Treasurer Neal to appoint City Clerk Hanover as Deputy City
Treasurer to act in his absence pursuant to Sections41006 and 41007
of the Government Code.
TREASURER'S REPORT AS OF APRIL 30, 1974
It was moved by Councilman Sweeney, seconded by Councilman Nash and
unanimously carried to accept the Summary Statement of Fund Cash
Balances for the Ten Months Ended April 30, 1974.
PLANNING COMMISSION REPORT
Council received copies of the Report of Planning Commission Actions
of the regular meeting of May 21, 1974, for information.
RESERVATION OF RIGHTS IN PUBLIC EASEMENTS
The City Attorney reported that the easements with regard to the
Roger Pitts and Discount Properties matters are being redone.
REQUEST TO SOLICIT FUNDS - ORANGE COUNTY INDIAN CLUB
It was moved by Councilman Sweeney, seconded by Councilman Nash and
unanimously carried to approve the application of the Orange County
Indian Club to solicit funds in the commercial areas for their Annual
Pow -Wow brochure.
REQUEST FOR EXCLUSIVE AGREEMENT - HOSPITAL AMBULANCE SERVICE
It was moved by Councilman Heckscher, seconded by Councilman Weathers
and unanimously carried to determine that there is no present need for
a service agreement and to direct review of the situation within one
year.
DIRECTOR OF FINANCE
Mayor Byrnes ordered the Finance Director's Report for April, 1974,
received and filed.
FEDERAL REVENUE SHARING - PLANNED USE REPORT
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried to authorize the submission of a Planned Use
Report for acquisition of a Civic Center site in the amount of $54,394.
SEWER PLANT EXPANSION - PAYMENT TO SERRA
It was moved by Councilman Weathers and seconded by Councilman
Heckscher to authorize issuance of check #3537 in the amount of
$749,079 to SERRA Project Committee 2 using Sewer Maintenance and
Operation Funds (connection fees). The motion carried by the following
vote:
AYES: Councilmen Sweeney, Weathers, Heckscher and
Mayor Byrnes
NOES: Councilman Nash
ABSENT: None
RESOLUTION NO. 74-5-28-4: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO APPROVING THE BUDGETARY ALLOCATION OF
$275,079 FROM THE UNRESTRICTED FUND BALANCE OF THE SEWER MAINTENANCE
AND OPERATION FUND TO THE SEWER PLANT EXPANSION BUDGET.
It was moved by Councilman Weathers
to adopt Resolution No. 74-5-28-4.
vote:
and seconded by Councilman Heckscher
The motion carried by the following
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130
AYES: Councilmen Sweeney, Weathers, Heck:;cher and
Mayor Byrnes
NOES: Councilman Nash
ABSENT: None
APPROVAL OF WARRANTS TIiROUGH MAY 28, 1974
It was moved by Councilman Nash, seconded by
and unanimously carried to approve the List
1974, Warrants Nos. 3468 through 3536.
RECESS AND RECONVENE
Councilman Sweeney
of Demands dated May 28,
Council recessed and 8:43 P.M. and reconvened at 8:55 P.M.
DIRECTOR OF PLANNING
Mayor Byrnes ordered the Planning Director's Report for April, 1974,
received and filed.
PROPOSED SAN JUAN CAPISTRANO GOLF COURSE
Council received the Planning Director's Report dated May 28, 1974,
regarding the proposed Golf Course, for information.
CAPISTRANO HEIGHTS HOMEOWNERS - HOLSTEIN PROJECT ON DEL OBISPO
Council received the Planning Director's Report dated May 28, 1974,
for information.
ENVIRONMENTAL IMPACT REPORT - OWEN-ILLINOIS SAND AND GRAVEL PROJECT
It was moved by -Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried to direct Planning Staff to testify at the
Public Hearing to be conducted by the Orange County Planning Commission
on May 29, 1974, regarding the impact of traffic along the Ortega
Highway and alterations to land form.
DIRECTOR OF PUBLIC WORKS
Mayor Byrnes ordered the Public Works Director's Report and the
City Engineer's Report for April, 1974, received and filed.
DEL OBISPO STREET BRIDGE
It was moved by Councilman Heckscher, seconded by Councilman Sweeney
and unanimously carried to authorize the City Manager to negotiate
up to $12,000 with the County to achieve the design change, which
would provide for pedestrian and bicycle ways on each side of the
bridge.
TREES IN PROPOSED RIGHTS-OF-WAY - ALIPAZ SHOPPING CENTER
It was moved by Councilman Sweeney and seconded by Councilman Weathers
that street improvements be redesigned so that pavement widths would
be sacrificed to preserve the two major trees that would encroach into
the paved area of the proposed Alipaz, i.e., an Olive tree and a
Texas Umbrella tree. The motion was tabled pending receipt of redesign
sketches from the Public Works Director.
PARKING ON CAMINO CAPISTRANO - ESTABLISHMENT OF PUBLIC HEARING DATE
It was moved by Councilman Heckscher, seconded by Councilman Weathers
and unanimously carried to set a Public Hearing for the meeting of
June 19, 1974, for the purpose of considering parking control on
Camino Capistrano from Ortega Highway 380 feet northerly.
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ORANGE COUNTY TRANSIT DISTRICT BUS STOP LOCATIONS
RESOLUTION NO, 74-5-28-5: RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO DESIGNATING CERTAIN PORTIONS OF STREETS
AS BUS STOPS.
It was moved by Councilman Weathers, seconded by Councilman Nash and
unanimously carried to adopt Resolution No. 74-5-28-5.
ENERGY SUPPLY STUDY COMMITTEE
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried that the Energy Supply Study Committee has
accomplished its purpose and to direct the City Manager to prepare
.letters of appreciation for the services of the Committee members.
TRAFFIC CHANNELIZATION - DEL OBISPO MEDIAN STRIP BETWEEN
THE RAILROA TRACKS AND C MINO CAPISTRANO
It was moved by Councilman Nash, seconded by Councilman Weathers and
unanimously carried to direct the Director of Public Works to delete
the median strip from the current contract; a plan for Council approval
is to be prepared with Planning Department input for landscaping of the
median strip with a suitable combination of landscape and other material
to beautify the area; and, when the plan drawn up and the roadway
completed, that said landscaped median strip be installed.
CITY POLICY ON STREET CLOSURES FOR PRIVATE EVENTS
It was moved by Councilman Weathers, seconded by Councilman Nash and
unanimously carried to adopt the following policy on street closures
for private events:
"It is the general policy of the City Council of the City of
San Juan Capistrano to allow temporary closures of local streets
for private events if the street is not a through street, or
street of very minor through traffic significance, and that a
request and disclaimer statement is filed ten days prior to the
City Council meeting before the event"
with the addition of a paragraph requiring an indemnification agreement
holding the City free and harmless from any liability arising from
the particular event.or activity, and public liability insurance to
cover such an eventuality.
COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM FINAL REPORT -
r'ADT.0,TP Awn
Mayor Byrnes ordered the Public Works Director's Report of May 28,
1974, received and filed.
HIGHWAY - REPORT ON STATUS OF IMPROVEMENTS
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried to direct staff to continue their efforts to
obtain a precise construction schedule of this project and to
determine that the project has significant impacts and to request the
State to use the design public hearing process.
LEGAL PUBLICATION
Council considered alternatives regarding legal advertising in local
newspapers. No action was taken.
TRAFFIC COMMITTEE
The following items were referred to the Traffic Committee for study
and recommendation: (1) Traffic Control and Parkin,-,: (._n:iuo
Capistrano -Oso Road to Ortega Highway; and, (2) Parking, Pedestrian
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and Bike Lanes, Camino Capistrano - Ortega/Del. Obispo.
PUBLIC IMPROVEMENT STANDARD DESIGN AND CRITERIA
Councilman Heekscher will meet with Public Works Director Murphy as
a committee of one to discuss recommendations to be made to the Council
regarding design standards which would emphasize the rural atmosphere
of the City.
APPOINTMENT OF HOME WARRANTY COMMITTEE
It was moved by Councilman Nash, seconded by Councilman Weathers and
unanimously carried to confirm the appointment of the following
persons as members of the Home Warranty Committee, as presented by
Councilman Sweeney:
Richard L. McMechan, Richard Wyndhamsmith, Beverly Youngren,
Phyllis Shainman, Robert Davies, Yvon Heckscher, and John
Sweeney.
f
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 10:55 P.M. to the next meeting date of Wednesday,..
May 29, 1974, at 7:00 P.M. in the City Council Chamber for continued
discussion of the proposed 1974-75 fiscal budget.
Respectfully submitted,
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