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74-0918_CC_Minutes_Regular MeetingSEPTEMBER 18, 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. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Roger Boatman, Community Christian Church. 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; Jack Raines, Sr. Project Engineer; William Murphy, Director of Public Works/City Engineer; James Okazaki, City Attorney; John O'Sullivan, Director of Administrative Services; David Smith, Director of Planning; Mary Ann Hanover, City Clerk. MINUTES It was moved.by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that the Minutes of the Meeting of September 4, 1974, be approved with the following corrections: Page 2, under Public Hearings, No. 1, insert the words, "Council discussed the costs involved in mailing notices to property owners" before the motion. Page 3, under Ordinances, No. 1, insert the words,"After discussion of enforcement problems and the need for citizen cooperation," before the motion. Page 5, Director of Planning, No. 2, delete the number of the last paragraph and change the wording as follows: "Possible establishment of a committee to review proposals and make recommendations for future utilization of the area was discussed." Page 5, Director of Public Works, No. 2, add the following sentence before the motion" "It was noted by Councilman Sweeney that these generators are available as government surplus and efforts should be made to obtain a U.S. government surplus generator in view of the costs. MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that all ordinances and resolutions be read by title only. BIDS, CONTRACTS, AGREEMENTS 1. PROPOSED AGREEMENT WITH GAMLIN INDUSTRIES FOR RECORDS MANAGEMENT SYSTEM - CITY CLERK'S OFFICE Council discussed the proposal from Marjorie Lindamood, dba Gamlin Industries, for a records management program for the City Clerk's office to implement a filing and indexing system for City records for the period January 1, 1973, through December 31, 1974, at a total cost of $6,000. RESOLUTION NO. 74-9-18-1: PROVIDING FOR A RECORDS MAN -1- 9/18/74 205 A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE OFFER OF GAMLIN INDUSTRIES FOR TILE ESTABLISHMENT OF A RECORDS MANAGEMENT SYSTEM It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that Resolution No. 74-9-18-1 be adopted and authorizing the budget therefor. Since the individual documents of each Council Meeting packet will be filed in appropriately labeled folders, Councilman Heckscher requested that a complete packet of each meeting be retained in the City Clerk's office for approximately 2 years. Should storage become a problem, the Clerk is to return to Council for authorization to destroy this material. DRAFT OF FINANCIAL STATEMENT FOR YEAR ENDED JUNE 30, 1974 Council discussed the draft of the 1973-74 Financial Statement received for information from Arthur Young and Company. The report states that the financial statements present fairly the financial position of the various funds and account groups of the City as of June 30, 1974. Council questioned the notes regarding sewer plant expansion change orders and the fact that some State and Federal grants were disallowed by the grant agencies. The Public Works Director is to meet with representatives of the Federal grant agencies on September 20th and will report the results of that meeting to the Council. PUBLIC HEARINGS 1. 1974 WEED ABATEMENT CHARGES Notice having been given as required by law, Mayor Byrnes declared the Public Hearing open and inquired if anyone in the audience wished to address the Council regarding the 1974 weed abatement charges. There being no one wishing to address the Council, Mayor Byrnes declared the hearing closed with the right. to re -open at any time. The charges are for reimbursement to the City of monies paid to the contractor for weed abatement services, plus 25% for City overhead and inspection. It was moved by Councilman Heckscher, seconded by Councilman Sweeney to adopt the report of the Street Superintendent and to order the charges to be placed on the tax roll of the individual property owners. The motion carried unanimously. Council requested that the last names of the property owners be added to the list of charges in the future. ORDINANCES ORDINANCE NO. 277: PROVIDING FOR THE CELEBRATION OF THE ANNUAL ADIOS A LAS GOLONDRINAS Y FIESTA DE LOS ARTES AN ORDINANCE OF THE CITY OF SAN O GRANTING A FRANCHISE TO THE SAN JUAN CAPISTRANO CHAMBER OF COMMERCE was read by title by Mayor Byrnes. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that Ordinance No. 277 be adopted. Certain inconsistencies in wordage will be corrected. ORAL COMMUNICATIONS 1. CULTURAL HERITAGE COMMISSION Mrs. Marilyn Williams addressed the Council and read a letter commending the City on the proposed establishment of a Cultural Heritage Commission. She requested that serious consideration be given to selecting 5 of the 7 members of the Commission from citizens who are 2nd, 3rd and 4th generation members of the community. -2- 9/18/74 421 Councilman Ileckscher suggested that residents should not be discouraged from addressing the Council in Spanish if there is an interpreter available; Mrs. Williams had stated that many residents are hesitant to converse in English. Mr. Sweeney asked for personal individual applications for membership on the commission and for nominations of people to the commission. 2. REQUEST FOR CROSSING GUARD - DEL OBISPO AND DEL AVION Mrs. Pat Lautrup, 25641 Via Inez Rd., addressed the Council to request a traffic crossing guard to assist school children at the intersection of Del Obispo and Del Avion, since she feels that the newly -installed traffic signal is not adequate. The Director of Public Works will investigate the time on the "Walk" light which Mrs. Lautrup claimed is insufficient. Mayor Byrnes ordered the matter referred to the Traffic and Transportation Committee for investigation and report to the Council. CONSENT ITEMS It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to accept the staff recommendations with regard to the following matters: 1. PROPOSED COUNTY -WIDE RESOLUTION SERVICE - INTERGOVERNMENTAL COORDINATING COUNCIL The Legislative Liaison Advisory Committee of the Intergovernmental Coordinating Council of Orange County has proposed the establish- ment of a Resolutions Service for the purpose of providing a more economical and efficient method of distributing resolutions of interest to Orange County Cities and the County. The City Clerk is instructed to forward to the ICC Executive Director all resolutions taking positions on County, State and national issues affecting or of possible interest to the above-named agencies. 2. REQUEST TO SOLICIT FUNDS, UNITED WAY OF ORANGE COUNTY The request of United Way of Orange County for permission to solicit for funds within the City from September 19, 1974, to December 5, 1974, is approved. 3. SEWER EASEMENT - SAN JUAN PLAZA Council accepted the Easement Deed for sewer purposes in conjunctioi with the construction of San Juan Plaza from W. P. & Associated, Ltd., which has been duly executed by the grantors, Philip Whitener and R. L. Pyle, and authorized the City Clerk to certify acceptance thereof. 4. REQUEST FOR PROCLAMATION OF OCTOBER AS "UNITED WAY MONTH" The request of United Way of Orange County that the City proclaim October as "United Way Month" is approved. CITY MANAGER 1. STABLES - REQUEST TO CONTINUE OPERATION Council received a request from Jim Connor and Gordon Anderson regarding the possibilities of the continued operation of the "Conway Stables" at the rear of the Mission Park Tract (Maurer) on the banks of the San Juan Creek. Since the land is scheduled to be dedicated to the City if and when the tract is developed, the prospective operators of the stable are concerned with their future should the City become the landlord. The prospective operators of the stable have indicated they will conform to all regulations and standards of operation and control. It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to determine that City ownership of this propertv can accommodate the stable operation with -3- 9/18/74 207 appropriate controls and that staff be directed to prepare a lease agreement incorporating the general requirements of adequate drainage, sanitation, dust control, odor control, noise control, and safe structures. 2. PETITION RE CONSTRUCTION DEVELOPMENT - ALTO CAPISTRANO HOMEOWNERS ASSOCIATION RE MEREDITH COMPANY The City Manager presented an oral report regarding the petition dated August 27, 1974, from the Alto Capistrano Homeowners Association. There was discussion between Council members and staff regarding the problems of Via de Agua as the access route to the new development and possible alternate routes, grading, dust, noise, muffling of construction equipment, speeding trucks, traffic control and stop signs, safety measures, nighttime noise from equipment, and the possibility of mudslides in the area since the curbs, gutters and storm drains will probably not be installed prior to the rainy season. The lack of recreation facilities in the area was discussed, and Mayor Byrnes directed that the Parks and Recreation Commission investigate this matter thoroughly and present suggestions and plans to the Council. It was the consensus of the Council that the complaints of the Alto Capistrano Homeowners Association be referred to the City Attorney and Planning Department to investigate what legal options may be open to the City so that the burden of alleviating the problems will be the responsibility of the developer; that the use of Via de Agua as the main access route to the new develop- ment when it is completed be investigated before completion. Thome items within the present control of the City should be attended to; review of the means of protecting the public health, safety and welfare should be expedited. A written, stipulated report from the developer is to be required with specific plans for responding to any type of runoff or water problem from the development. The Traffic and Transportation Commission is to investigate the possibility of additional stop signs in the area. Mr. Gary Housedorfer, representing the Alto Capistrano Homeowners Association, addressed the Council to express their willingness to cooperate in resolving the above concerns. Council also received a copy of a report from the Public Works Director regarding this matter and a meeting of the Traffic and Transportation Commission wherein it was recommended that a stop sign be placed at the intersection of Via de Agua and Camino Las Ramblas. 1 RESOLUTION NO. 74-9-18-2: RELATING TO TRAFFIC RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THAT VIA DE AGUA BECOME A STOP INTERSECTION AT CAMINO LAS RAMBLAS It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Resolution No. 74-9-18-2 be adopted. 3. NOTICE TO PROPERTY OWNERS OF ZONE CHANGES - COSTS OF MAILING Staff reported to the Cauncil that the County Assessor's Office will cooperate with the City by making address lists available to us which will be printed out on labels at a cost of $150. At least 30 days advance notice will be needed. The total cost of mailing notices to approximately 4,000 property owners would be $1,100 for first-class mail with an additional cost of $1,200 for certified mail, or a grand total of $2,300. Council directed that staff issue a purchase order for $150 payable to the County Tax Assessor to cover the cost of the address labels; the notices are to be sent by certified mail. -4- 9/18/74 mo DIRECTOR OF ADMINISTRATIVE SERVICES 1. STAFF REPORT FOR AUGUST. 1974 Council received copies of the Staff Report for August, 1974, from the Director of Administrative Services, for information. RECESS AND RECONVENE Council recessed at 8:50 P.M. and reconvened at 9:00 P.M. DIRECTOR OF PLANNING 1. 2. 3 4. STAFF REPORT FOR AUGUST, 1974 Council received copies of the Planning Director's Staff Report for the month of August, 1974, for information. There was _ discussion of a meeting held with the County Tax Assessor. GENERAL PLAN - TIME SCHEDULE The Planning Director reported that the Public Hearing on the General Plan held by the Planning Commission on September 17, 1974, was continued to October 15th. A regular meeting is scheduled for October 1st for continued review of the General Plan, and a work session is scheduled for October 8th. Councilman Nash requested that at least one joint work session be held with the Planning Commission and City Council prior to the Commission's adoption of the elements for clarification of Council position. A joint work session is tentatively scheduled for Saturday, October 12, 1974, at 9:00 A.M. GENERAL PLAN - REVISION TO CONTRACT; PROGRAM FOR PHASE VI It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to approve the requested increase to the contract with Haworth, Anderson & Lafer for the preparation of the General Plan summaries and composite land use map and to adopt the proposed scope of work for Phase VI, all as outlined in the consultant's letter of September 6, 1974. CAPISTRANO VALLEY GENERAL PLAN Planning Director Smith presented an oral report regarding meetings of the Orange County Planning Commission and plans for the Bear Brand Ranch property. It was the consensus of the Council that a letter be written for the Mayor's signature to be addressed to the 5 members of the County Planning Commission regarding the Council's concerns with the preservation of the ridge lines to the west of the City. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. STAFF REPORTS FOR AUGUST, 1974 Council received copies of the activity reports for enginbering, maintenance, and water pollution control for the month of August, 1974, from the Public Works Director, for information. 2. BIKE RIDE - AMERICAN DIABETES ASSOCIATION - OCTOBER 6, 1974 It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to approve the request of.the American Diabetes Association for permission to conduct a.fund raising Bike Ride in the City -on October 6, 1974, contingent upon receipt of a Certificate of Insurance naming the City as co-insured. -5- 9/18/74 20 3, BIKE-A-TIION - AMERICAN CANCER. SOCIETY - OCTOBER 19, 1974 It was -moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to approve the request of the American Cancer Society for permission to conduct a fund raising Bike-a-Thon in the City on October 19, 1974, contingent upon receipt of a Certificate of Insurance naming the City as co-insured. 4. DEL OBISPO STREET MEDIAN STUDY Council received copies of a report from the Director of Public Works on the Traffic and Transportation Commission meeting held on September 10th regarding the Del Obispo Street median strip. Action on this matter was held over pending receipt of a formal recommendation to the Council from the Committee. 5, UNDERGROUND UTILITIES - TRACT 6788 (BIRTCHER/PACIFIC) It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that staff be directed to proceed with the undergrounding of utilities along Del Obispo Street within Tract 6788 in coordination with the undergrounding of utilities in Tract 8460 and to authorize the expenditure of $2,000 of City funds to assist in the completion of the project. The sum of $6,000 is on deposit from Birtcher/Pacific for future undergrounding of utilities; the most recent estimate for the project is approximately $8,000. 6. EASEMENT DEED FOR ALIPAZ STREET (MAKITA) PAYMENT F APPRAISED VALUE It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to accept the Easement Deed for street and highway purposes from the grantors, Victor and Sue Makita, to authorize the City Clerk to certify acceptance thereof, and to authorize the payment of $22,750 to Mr. and Mrs. Makita prior to recording of the Easement Deed. Payment is to be made after the approval of the Easement Deed by First American Title Insurance Company to assure proper signatures and form of the Deed. This project is part of an Arterial Highway Financing Program and the County will contribute 50% of the cost of acquisition. 7. CAMINO CAPISTRANO IMPROVEMENT DISTRICT - DRAINAGE EASEMENT PICNIC - PAYMENT OF APPRAISED VALUE It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to accept the Easement Deed for storm drain and water conservation purposes subject to proper notarization of signatures, to authorize the City Clerk to certify acceptance thereof, and to authorize the payment of $3,250 pursuant tolhe appraisal for the right-of-way, 8. IMPROVEMENT OF STORM DRAIN STRUCTURE - TROY HOMES (PETERSON) Council received copies of a report regarding the proposed improvement of the existing storm drain structure along the northerly edge of the Peterson property, 32841 Avenida Descanso. It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried to accept an easement deed for the storm drain and to authorize the Public Works Director to secure bids for the construction of the drain addition as a suitable solution to the current problem. 9. TRAFFIC SIGNAL - PASEO ADELANTO/DEL OBISPO It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to determine that there is an urgent need for traffic control measures at the interesection of -6- 9/18/74 Paseo Adelanto and Del Obispo Street Director of Public Works to negotiate temporary span wire signal at a cost PARKS AND RECREATION COMMISSION 1. REPORT OF COMMISSION ACTIONS and to authorize the the installation of a not to exceed $8,000. Council received copies of the Report of Parks and Recreation Commission Actions dated September 18, 1974, from the Director of Public Works, for information. 2. PARKSITE - PROPOSAL OF H. E. OSBORNE This matter was ordered held over to a future meeting pending receipt of a location map. 3. DETERMINATION OF NAME FOR PARK RESOLUTION NO. 74-9-18-3: DESIGNATING C. RUSSELL COOK PARK RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CHANGING THE NAME OF THE AREA FORMERLY REFERRED TO AS CREEKSIDE PARK It was moved by Councilman Heckscher and Weathers that Resolution No. 74-9-18-3 be carried by the following vote: AYES: Councilmen Weathers, Nash, Mayor Byrnes NOES: None ABSTAIN: Councilman Sweeney ABSENT: None seconded by Councilman adopted. The motion Heckscher and Councilman Sweeney stated that his abstention is with regard to the concept of naming a park for an individual without guidelines for establishing qualifications of individuals; the park could be dedicated in honor of C. Russell Cook. Pursuant to the request of Councilman Sweeney, Council directed that the Parks and Recreation Commission establish a set of, criteria for qualification in order to assist the Council in the future selection of names of individuals when naming parks, streets, etc. ' It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to direct the Parks and Recreation Commission and staff to prepare a format for signs and locations to designate C. Russell Cook Park. PLANNING COMMISSION 1. REPORT OF COMMISSION ACTIONS Council received copies of the Report of Planning Commission Actions for the meeting of September 3, 1974, for information. PROPOSED CREATION OF A CULTURAL HERITAGE COMMISSION Council received a report and draft of a proposed ordinance creating a Cultural Heritage Commission from Historical Committee Chairman Thomas A. Forster. After discussion, this matter was referred to staff for appropriate review and alteration. Council thanked the Committee for their efforts on behalf of the City. COUNCIL REMARKS 1. HISTORICAL PRESERVATION COMMITTEE It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that an appropriate letter of appreciation be written to each member of the Historical Preservation Committee for their efforts towards the creation of a Cultural Heritage Commission. -7- 9/18/74 211 2. GRADING Councilman Nash requested that staff submit a summary report on grading on the Forster Canyon.dump site for information. 3. SCHOOL INFORMATION Councilman Nash requested that the proposed Ordinance regarding information on schools in tract sales offices be agendized for the next regular Council meeting. 4. HOUSING AUTHORITY Councilman Heckscher requested that information on the Housing Authority be agendized for an October meeting of the Council. APPROVAL OF WARRANTS It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to approve the List of Demands dated September 18, 1974, Warrants Nos. 3961 through 4029, inclusive; and Warrants Nos. 0136, 0138, and 0139 from the 1911 Act Account. RECESS AND RECONVENE Council recessed at 10:57 P.M. and -reconvened at 11:00 P.M. PERSONNEL - AGREEMENT FOR ASSISTANCE IN SELECTION OF CITY MANAGER Mr. Gene Perkins, representing Public Management Service, Inc., of Arcadia, California, described his firm's proposed services to assist Council in selecting a new City Manager.. Following brief discussion, it was moved by Councilman Weathers, seconded by Council- man Heckscher and unanimously carried to appoint Public Management Service to assist the City Council in the recruitment of a City Manager for a total fee of $4500. Following further discussion, it was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to amend the previous motion to establish compensation for the services of Public Management Service at $30 per hour not to exceed a total cost of $5000. Council then discussed the need for interim management services following Mr. Weidner's termination on October 11, 1974. It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to appoint John O'Sullivan Interim City Manager beginning October 11, 1974, and serving until a permanent City Manager takes office, with a temporary increase in salary to $2100 per month. SOUTH ORANGE COUNTY TRAFFIC CIRCULATION STUDY STEERING COMMITTEE ' Council discussed City representation on the South Orange County Traffic Circulation Study Steering Committee. Mayor Byrnes, with Council's consent, appointed Councilman Nash as the City's representa- tive to the County Steering Committee. CITY TREASURER - SALARY INCREASE Following brief discussion, it was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to increase the City Treasurer's salary from $100 per month to $150 per month, effective September 19, 1974. IJ '� VC�_k There being no further business before the Council, the meeting was -8- 9/18/74 212 adjourned at 12:34 A.M., September 19, 1974, to the next meeting date of Wednesday, September 25, 1974, at 6:30 P.M. at the Wind and Sea Restaurant, Dana Point Harbor, for a joint meeting with the San Clemente City Council. Respectfully submitted, MARY ANkI NOVE , City Cler APPROVED: -9- 9/.18/74