74-1016_CC_Minutes_Regular Meeting2 _,.
OCTOBER 16, 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
James K. Weathers.
ROLL CALL: COUNCILMEN PRESENT:
COUNCILMEN ABSENT
Roy L. Byrnes, Mayor
James K. Weathers, Mayor pro tem
Councilman Yvon 0. Heckscher
Councilman Douglas B. Nash
Councilman John B. Sweeney
None
STAFF PRESENT: John O'Sullivan, Interim City Manager/Director of
Administrative Services; George Madsen, Sr. Project Engineer;
William Murphy, Director of Public Works/City Engineer; James
Okazaki, City Attorney; David Smith, Director of Planning;
Mary Ann Hanover, City Clerk.
SPECIAL PRESENTATION
Mayor Byrnes read a letter of appreciation to James "Tito" Olivares,
Public Works employee, commending him for the actions taken on
the morning of October 6, 1974, whereby he saved the lives of two
residents and prevented considerable property damage. The letter
will be placed in Mr. Olivares' personnel file; a bonus check was
also presented. Battalion Chief Dick Pilkington presented a
plaque to Mr. Olivares on behalf of the County Fire Department and
the local Volunteer Fire Department.
MINUTES
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried that the Minutes of the Adjourned Regular
Council Meeting of September 25, 1974, be approved as submitted.
It was moved by Councilman Heckscher, seconded by Councilman Nash
and unanimously carried that the Minutes of the Special Meeting of
September 28, 1974, be approved as submitted.
It was moved by Councilman Nash, seconded by Councilman Heckscher
and unanimously carried that the Minutes of the Regular Meeting
of October 2, 1974, be approved with the correction of the first
name of Mr. Becker from "Eugene" to "Jack" on Page 9, Paragraph 4.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Nash, seconded by Councilman Sweeney and
unanimously carried that all ordinances and resolutions be read by
title only.
BIDS. CONTRACTS. AGREEMENTS
1. UNDERGROUNDING OF
TRACT 6788. DEL OBISPO STREET -
Council received copies of a proposed Agreement between the
City and San Diego Gas & Electric Company for the undergounding
of utilities within Tract 6788 along Del Obispo Street for a
cost of $5,369. The work will be coordinated with Pacific
Telephone Company and Cable TV; the trench cost will be
coordinated with the undergounding of utilities for Tract 8460
(Holstein). It was moved by Councilman Nash, seconded by
Councilman Heckscher and unanimously carried to approve the
Agreement with San Diego Gas & Electric Company, to authorize
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the Mayor to execute the Agreement on behalf of the City, and
the City Clerk to attest thereto.
2. LEASE OF CITY PROPERTY FOR HORSE STABLE -
GREEMENT WITH CONNOR ANDERSON
Council received copies of a proposed Agreement between the
City and Jim Connor and Dr. Gordon Anderson for the lease of
Lot E, Tract 8264, for use as a horse stable upon approval of
the Final Map of said Tract. Council discussed various aspects
of the Agreement, including the term of the lease, breach of
contract, and amount of rent. Dr. Anderson, 185 East Cordoba
Street, San Clemente, addressed the Council. The Lease is
for a period of five years. It was moved by Councilman Sweeney
seconded by Councilman Weathers and unanimously carried that
the Agreement be approved with certain amendments to be made
by the City Attorney and subject to the fee schedule being
reviewed by the City Council at the end of the 5 -year term of
the Lease.
3. LAW ENFORCEMENT SERVICES -
AGREEMENT WITH ORANGE COUNTY SHERIFF'S DEPARTMENT
Council received copies of the proposed Agreement with the
Orange County Sheriff's Department for law enforcement services
within the City. The proposed Agreement calls for charges by
the service unit method, i.e., the level of service will be
determined by the Sheriff and the City Council and the cost will
be determined by the number of actual units assigned to the
City. Lt. Walt Fath of the Sheriff's Department appeared before
the Council and there was discussion of enforcement of City
ordinances, inclusion of cost factors in the Agreement, and
effective date of the Agreement. It was moved by Councilman
Heckscher, seconded by Councilman Weathers and unanimously
carried to approve the proposed service unit agreement for
law enforcement services subject to price schedules being
included in the Agreement and subject to clarification of the
County's intention to enforce City ordinances; the Mayor is
authorized to sign the Agreement on behalf of the City, and
the City Clerk to attest thereto.
The Director of Administrative Services was directed to explore
various methods of providing law enforcement services'arid to
convey to the City Manager of San Clemente that this City Council
is interested in pursuing the possibility of San Clemente
providing our law enforcement services.
ORDINANCES
1. ORDINANCE NO. 279: DELETING REQUIREMENT FOR NOTICE TO
NEIGHBORING LANDOWNERS OF PUBLIC HEARINGS FOR ZONE CH GES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO REPEALING
SECTION 6.01.4 c OF ORDINANCE NO. 115 was read by title by
the City Attorney.
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried that Ordinance No. 279 be
adopted.
2. ORDINANCE NO. 280: RELATING TO
(INTRODUCTION)
AN ORDINANCE.OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUIRING THE POSTING OF INFORMATION REGARDING SCHOOL
ATTENDANCE AND CLASS SCHEDULING IN SUBDIVISION SALES OFFICES
was read by title by the City Attorney.
It was moved by Councilman Nash that Ordinance No. 280 be
re -introduced with the following amendments: That the
requirement that the letters and numbers of the sign be not
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less than 2" each be deleted from the text, that the words
"Some Schools in San Juan Capistrano are Overcrowded" be not
less than 2" letters, and that the text of the sign be in
appropriately sized letters.
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried that Ordinance No. 280 be
re -introduced with the amendment to the above motion that the
text of the sign to be posted be in letters and numbers not
less than 1" high.
3. PROPOSED ENVIRONMENTAL MANAGEMENT ORDIN
Council received copies of a memorandum from the City Attorney
regarding a proposed ordinance relating to the preservation of
the environment which would include noise, dust, light, traffic,
etc. Certain provisions to be included in the noise ordinance
were submitted, as was a proposed ordinance relating to dust
control. Council discussed the proposals submitted; Councilman
Nash and the City Attorney will meet to discuss the possible
inclusion of a definition of dust in the ordinance.
RESOLUTIONS
1. RESOLUTION NO. 74-10-16-1: RELATING TO FARM LABOR CAMPS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DESIGNATING THE HEALTH OFFICER OF
THE COUNTY OF ORANGE AS THE ENFORCEMENT AGENT FOR THOSE
PROVISIONS OF THE EMPLOYEE HOUSING ACT RELATING TO FARM
LABOR CAMPS
Pursuant to the request of the State Department of Housing and
Community Development, Council received copies of a revised
resolution assuming the responsibility for the enforcement of
the Employee Housing Act as it relates to farm labor camps
and designating the Orange County Health Officer as the
enforcement agent for the City. It was moved by Councilman
Heckscher, seconded by Councilman Nash and unanimously carried
that Resolution No. 74-10-16-1 be adopted.
PROCLAMATIONS
1. UNITED NATIONS DAY, OCTOBER 24, 1974
Council received a request that United Nations Day be proclaimed
in the City. Mrs. Rose Corrigan addressed the Council in
opposition to the possibility of the United Nations Flag being
displayed in the Council Chamber as had been done in the past.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that United Nations Day be -
recognized in the City, and Mayor Byrnes declared Thursday,
October 24, 1974, as United Nations Day. It was the consensus
of the Council that the display of any flag other than the
U.S. Flag should be by Council guideline only.
CONSENT ITEMS
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried to accept the staff recommendations with
regard to the following matters:
1. REQUEST TO SOLICIT FOR FUNDS - ARTHRITIS FOUNDATION
The request of the Arthritis Foundation of Orange County for
permission to solicit for funds within the City during the
month of February, 1975, is approved conditioned upon receipt
of a completed application form.
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2. REQUEST TO SOLICIT FOR FUNDS - MARCH OF DIMES
The request of the Orange County Chapter of the March of Dimes
for permission to solicit for funds within the City during the
month of January, 1975, is approved conditioned upon receipt
of a completed application form.
3. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES
Council received copies of the City Treasurer's Report of
1911 Act Delinquencies as of October 7, 1974, for information.
ORAL COMMUNICATIONS
1. FARM LABOR CAMPS/PROPOSED DUST ORDINANCE
Mr. Shig Kinoshita, 27015 Calle Real, Capistrano Beach,
addressed the Council regarding investigation of his farm
labor camps by the County Fire Warden. The Interim City
Manager will meet with Mr. Kinoshita to discuss the problem.
Mr. Kinoshita suggested that the proposed dust control
ordinance should not apply to farming.
RECESS AND RECONVENE
Council recessed at 8:17 P.M. and reconvened at 8:28 P.M.
INTERIM CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
1. ADMINISTRATIVE SERVICES STAFF REPORT FOR SEPTEMBER, 1974
Council received the Department of Administrative Services
Staff Report for September, 1974, for information.
2. TRAFFIC - REPORT ON ENFORCEMENT OF ORDINANCE NO
Council received copies of a report from the Interim City
Manager and copies of a_letter dated October 8, 1974, from
Lt. Fath of the Sheriff's Department. Presiding Judge John A.
Griffin of the South Orange County Judicial District has
recommended that the Sheriff's Department personnel refrain
from enforcing the provisions of the City's Ordinance No. 84
relating to traffic control and parking. Following Council
discussion, it was moved by Councilman Heckscher, seconded by
Councilman Weathers and unanimously carried to direct staff to
prepare a new traffic and parking ordinance as the first
priority of the new Traffic Engineer.
DIRECTOR OF PLANNING
1. STAFF REPORT FOR SEPTEMBER, 1974
Council received copies of the Planning Department Staff Report
for September, 1974, for information. Council requested receipt
of a list of the current planning projects mentioned in the
Report.
2. GENERAL PLAN STATUS REPORT - GENERAL PLAN PUBLIC HEARING
The Planning Director reported that the General Plan was
accepted by the Planning Commission on October 15, 1974, with
the recommendation that It be forwarded to the City Council
for public hearing.
Mayor Byrnes set the date of Wednesday, November 6, 1974, for
the Public Hearing on the General Plan.
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FOR EXEMPTION FROM DEFERRAL PERIOD (SPAULDING
m
lx
Council received a copy of a letter received October 4, 1974,
from Spaulding Enuipment Company, 32302 Paseo Adelanto,
requesting an exemption from the deferral period for the
purpose of constructing buildings for their spray painting
operations. A public nuisance has been created by the paint
mist being carried onto other properties. The project would
be processed through the Architectural Board of Review and
the Planning Commission. It was moved by Councilman Weathers
seconded by Councilman Heckscher and unanimously carried to
grant an exemption to the deferral period for Spaulding Equipment
Co. for the purpose of obtaining a permit for the construction
of two paint enclosure buildings, based on the finding that
a situation currently exists which creates a nuisance to the
general public.
4. REQUEST FOR REINSTATEMENT OF LAND USE PERMIT 72-121 -
ALIPAZ RECREATIONAL VEHICLE PARK SWAN CONSTRUCTORS,
Council received copies of a letter dated October 3, 1974, from
Donald J. Helmer, representing Swan Constructors, Inc., request-
ing reinstatement of Land Use Permit 72-121 for the construction
of the Alipaz Recreational Vehicle Park. It was moved by
Councilman Heckscher; seconded by Councilman Nash to deny the
request for reinstatement of Land Use Permit 72-121. The
motion carried by the following vote:
AYES: Councilmen Nash, Heckscher and Mayor Byrnes
NOES: Councilmen Sweeney and Weathers -
ABSENT: None
5. SPHERE OF INFLUENCE REPORT
The Planning Director reported that on October 9, 1974, the
Local Agency Formation Commission adopted the Partial Sphere
of Influence as submitted by the City through Council action
of November 5, 1973. The boundaries of the Sphere are as
follows:
The extension of the northeasterly City limit boundary
in a northwesterly direction to Interstate 5 north to Avery
Parkway, westerly to the ridgeline, south along the ridge -
line to Camino Del Avion extended, then easterly to the
City limits.
ALTO CAPISTRANO - STATUS OF MEREDITH TRACT DEVELOPMENT
Council received copies of a report dated October 16, 1974, from
the Director of Planning regarding the Meredith Hills development
in Alto Capistrano and the difficulty of providing access to the
project by any other route than Via de Agua. Council discussed the
City staff's attempts to find solutions to the problem of access to
the development, noise, construction schedules, dust and public
safety on Via de Agua, and the fact that the Environmental Impact
Report for the Meredith development was silent regarding increases
in traffic which would be generated on Via de Agua. Any possible
alternate.routes to the tract would of necessity include massive
earth movement and alteration of ridgelines.
It was moved by Councilman Heckscher, seconded by Councilman Nash
and unanimously carried that the City staff be directed to suspend
the issuance of building permits for the Meredith Hills project.
The Interim City Manager was directed to send a formal letter to the
developer expressing the concerns of the City Council and inviting
the developer to meet with City staff; The Council does not wish to
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231
create an undue burden on the developer but desires an opportunity
for discussion of what options may be available for alleviating
the problems. Council requested receipt of a report assaying the
Via de Agua traffic.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1, STAFF REPORTS FOR SEPTEMBER, 1974
Council received copies of the activity reports for the month
of September, 1974, of the Engineering, Maintenance, and
Sanitary Water Pollution Control Sections of the Public Works
Department for information. Councilman Nash requested that
the Public Works Director report on the landscaping plans for
the sewer treatment plant now under construction.
2. FINAL TRACT MAP 8594 (WESTPORT)
Council received copies of a report dated October 16, 1974,
from the City Engineer's Office that the Final Map for
Westport Tract No. 8594 and the improvement plans have been
processed. The Sr. Project Engineer requested that the City
Council include the acceptance of off-site drainage easements
in their consideration of this matter. The developer has
submitted fees in the total amount of $58,401.50 for Parks and
Recreation, construction inspection, sewer connection, drainage
fee, and street light energizing fee.
It was moved by Councilman Weathers and seconded by Councilman
Sweeney to accept the Final Tract Map 8594, Agreements, Air
Navigation Easement and fees, and Off -Site Drainage Easement,
to authorize the Mayor to execute the Public Improvement Agree-
ments,Three Party Credit Agreement and Tract Map on behalf of
the City and the City Clerk to attest thereto, and to authorize
certification of the Air Navigation Easement. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Heckscher and
Mayor Byrnes
NOES: Councilman Nash, since the Off -Site Drainage
Easement was not a part of the original report.
ABSENT: None
3. FINAL TRACT MAP 7616 (WESTPORT)
Council received copies of a report dated October 16, 1974,
from the City Engineer's Office that the improvement plans and
Final Tract Map for Westport Tract No. 7616 have been processed.
The developer has submitted fees in the total amount of $33,366
for'Parks and Recreation, construction inspection, sewer
connection, drainage fee, and street light energizing fee.
It was moved by Councilman Weathers,and seconded by Councilman
Sweeney to accept Final Tract Map 7616, Agreement, Air Navigation
and Street Easements, and Fees, to authorize the Mayor to execute
the Public Improvement Agreements and Three Party Credit
Agreement and the City Clerk to attest thereto, and to authorize
certification of the Air Navigation Easement. The motion
carried by the following^ vote:
AYES: Councilmen Sweeney, Weathers, Heckscher and
Mayor Byrnes
NOES: Councilman Nash
ABSENT: None
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4. S.E.R.R.A. PROJECT COMMITTEE 5 DESIGN BUDGET (OCEAN OUTFALL)
RESOLUTION NO. 74-10-16-2: RELATING TO S.E.R.R.A. PROJECT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING DESIGN PITASE BUDGET AND
AUTHORIZING APPROPRIATE BUDGET TRANSFERS THEREFORE
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that Resolution No. 74-10-16-2
be adopted and that the 1974-75 fiscal budget be amended by -
transferring $70,437 from the 1964 Sewer Bond Construction
Fund to the Ocean Outfall Construction Project, S.E.R.R.A.
Project Committee No. 5.
The Resolution approves the design phase budget in the amount
of $530,000 and the City's participation of 13.29% in the
amount of $70,437.
CULTURAL HERITAGE COMMISSION - PROPOSED ORDINANCE
Council received copies of a proposed Ordinance establishing a
cultural heritage commission for consideration. There was discussion
of the number of members to serve on the Commission, term of office,
and the inclusion of additional items in the section dealing with
duties, functions, and responsibilities. Councilman Heckscher
was appointed to meet with the Historical Preservation Committee
in order to review changes in the proposed Ordonance.
PARKS AND RECREATION COMMISSION - PARKSITE PROPOSAL (OSBORNE)
Council received copies of a report dated October 16, 1974, from
the Public Works Director regarding the offer of H,E. Osborne,
representing Mr. Kane, that the City purchase a 3 -acre parcel At
the end of Calle Lucana for park purposes. The proposed sale
price has been reduced from $65,000 to $60,000. At their meeting
of October 7, 1974, the Parks and Recreation Commission voted to*
discontinue any further action on the matter since the offered
price was not reduced significantly. It was moved by Councilman
Sweeney, seconded by Councilman Nash and unanimously carried to
receive and file the report and to direct staff to formally decline
the amended offer of $60,000 for the 3 -acre parcel.
PLANNING COMMISSION
1. REPORT OF PLANNING COMMISSION ACTIONS
Council received copies of a report of actions taken by the
Planning Commission at their regular meeting of October 1, 1974,
for information.
2. COUNTY ARTERIAL BIKEWAY FINANCING PROGRAM
Council received copies of a report dated October 16, 1974,
from the Director of Planning regarding a proposed substitute
program for County funding of regional bikeway construction.
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried to support the recommendation
of the Planning Commission, as follows:
The City of San Juan Capistrano supports the concept of 100%
financing of arterial bikeways, but does not support the
Master Plan of Arterial Bikeways as proposed. The City will
support the Master Plan of Arterial Bikeways if the following
changes are made:
(a) That the north/south route through the City extend northward
on Cimino Capistrano to Avery Parkway and then eastward to
Marguerite Parkway, instead of northward on Rancho Viejo
Road to Marguerite Parkway.
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2
(b) That Routes #150 and #152 of the present Master Plan
of County -wide Bikeways be included in the proposed
Master Plan of Arterial Bikeways with the following change;
Route #150 shall extend eastward from the confluence of
San Juan and Trabuco Creeks along the north side of
San Juan Creek to Ortega Highway Bridge; then continuing
eastward on the Ortega right-of-way.
HOME WARRANTY COMMITTEE
Councilman Sweeney presented an oral report to the Council regarding
the Home Warranty Committee meeting of October 3, 1974. A written
report will be forwarded to the City Council with recommendations
that the City adopt a resolution that home builders participate in
home warranty insurance programs and that the housing element of
the General Plan incorporate home warranty provisions.
BICENTENNIAL COMMITTEE - PROPOSAL FOR FLAG POLE
Council was advised that the Bicentennial Committee is considering
sponsorship of the erection of a 110' flag pole -at the junction of
the freeway and the Ortega Highway. Land adjacent to the Standard
Service Station would be dedicated to the City; the City.would be
requested to maintain the flag pole. It was moved by Councilman
Weathers to support the concept of the idea and to direct staff to
investigate details as to legal responsibility, long-term mainte-
nance, etc. The motion died for lack of a second.
COUNCIL REMARKS
1. AGRICULTURAL PRESERVATION
t
Council members discussed agricultural preservation in t1le
City which was considered at the joint Council/Pla$ningd,
Commission meeting of October 12, 1974.
2. BICENTENNIAL CELEBRATION
Councilman Weathers reported that the possibility of a
commemorative stamp being struck for the 1976 bicentennial will
not be considered by the Postal Service before February, 1975,
and'that citizens should direct letters to their governmental
representatives urging support of such a stamp beginning in
January, 1975.
3. OFF SHORE OIL DRILLING
Councilman Heckscher requested that a report on off shore oil
drilling along the California coast be placed on the next
Council Agenda together with the City of Newport Beach
Resolution on this matter.
4. CITY OFFICIALS - PHOTOGRAPHS
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that, as a matter of policy,
appropriate photographs be taken of each new City Council when
it is constituted, that an attempt be made to obtain photographs
of those who have served on the Council previously, and of
Commissioners and City Managers past and present.
5. CITY -OWNED PROPERTIES -
At the request of Councilman Nash, the Interim City Manager will
provide a list of all properties owned by the City; a report
on City ownership of the Capistrano Airport runway will be
placed on the November 20th Council Agenda.
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APPROVAL OF WARRANTS
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to approve the List of Demands
dated October 16, 1974, Warrants Nos. 4097 through 4168, inclusive.
RECESS AND RECONVENE
Council recessed to Executive Session at 10:35 P.M. and reconvened
at 11:30 P.M.
PERSONNEL - PUBLIC WORKS
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried to authorize the following appointments to
the Department of Public Works based on the Director of Public
Works' recommendation that these candidates exceeded the required
standards for the positions:
1. George Lohnes, Associate Civil Engineer,
at Range 33, Step 3, $1623 per month,
effective November 11, 1974.
2. George Alvarez, Assistant Civil Engineer (Traffic),
at Range 30, Step 2, $1332 per month,
effective November 4, 1974.
PERSONNEL - CITY MAN
RESOLUTION NO. 74-10-16-3: COMMENDING DONALD G. WEIDNER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, COMMENDING DONALD G. WEIDNER AS THE CITY'S FIRST CITY
MANAGER
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that Resolution No. 74-10-16-3 be adopted.
Mr. Weidner served as City Manager from April 5, 1971 to October.11,
1974.
APPOINTMENTS BY MAYOR - TRAFFIC AND TRANSPORTATION COMMITTEE
Mayor Byrnes announced that Cecelia Miller, 30624 Calle Chueca,
is appointed to fill an existing vacancy on the Traffic and
Transportation Committee created by the resignation of Donald Miles.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 11:40 P.M. to the next regular meeting date of
Wednesday, November 6, 1974, at 7:00 P.M. in the City Council
Chamber.
Respectfully submitted,
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MARY A7 HANOVER, City Clerk
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