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
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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.
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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
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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.
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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.
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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
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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.
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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
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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:
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