75-0205_CC_Minutes_Regular Meeting303
FEBRUARY 5, 1975
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 7:07 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
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: John O'Sullivan, Interim City Manager/Director of
Administrative Services; William Murphy, Public Works Director/
City Engineer; George Madsen, Sr. Project Engineer; David J. Smith,
Director of Planning; James Okazaki, City Attorney; Mary Ann Hanover
City Clerk.
MINUTES
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of January 22, 1975, be approved with the following
corrections: (1) Page 8, Equestrian Trails, add the following
sentence: "Staff was directed to investigate this matter;"(2)
Page 8, Capistrano Unified School District, change the wording from
there would be coordination with the City when the Mission
View High School is expanded" to . . there had been coordination
with the City regarding the Mission View High School expansion;" (3)
Page 9, Agricultural Study, change the wording of the first
sentence from "Councilman Nash volunteered his services. ." to
"Councilmen Sweeney and Nash volunteered their services. . ."
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Weathers, seconded by Councilman Nash
and unanimously carried that all ordinances and resolutions be
read by title only.
AGRICULTURAL PRESERVATION - SPECIAL PRESENTATION
Mayor Byrnes announced that Councilman Quigley, City of Irvine, who
had been scheduled to address the Council on agricultural preserva-
tion, was unable to be present due to illness. The presentation
has been re -scheduled for the meeting of February 19, 1975.
BIDS, CONTRACTS, AGREEMENTS
1. WORD PROCESSING SYSTEM -
AUTHORIZATION TO REQUEST PROPOSALS
Council received copies of a memorandum dated February 5, 1975,
from the Interim City Manager regarding the proposed rental
of a Word Processing System to be used by the City Manager, City
Clerk, Department of Public Works, and Department of Adminis-
trative Services. The sum of $1500 is allocated in the 1974-75
fiscal budget for this p•3rpose.
It was moved by Councilman Weathers; seconded by Councilman
Heckscher that staff be authorized to request informal proposals
for the rental of a Word Processing System, The motion carried
by the following vote:
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AYES: Councilmen Weathers, Nash, Heckscher and
Mayor Byrnes
NOES: Councilman Sweeney
ABSENT: None
RESOLUTIONS
1. NATIONAL FLOOD INSURANCE PROGRAM
Council received copies of a memorandum dated February 5, 1975,
from the Director of Public Works regarding the requirement of
the U.S. Department of Housing and Urban Development (HUD)
that cities join the National Flood Insurance Program by _
July 1, 1975.
RESOLUTION NO. 75-2-5-1: AUTHORIZING APPLICATION FOR FLOOD
INSURANCE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY O
SAN JUAN CAPISTRANO, CALIFORNIA, MAKING APPLICATION FOR
FEDERALLY SUBSIDIZED FLOOD INSURANCE
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-2-5-1
be adopted; that Staff be directed to inform HUD of the City's
intentions to join the National Flood Insurance Program and
to commence negotiating revisions to the preliminary map.
At the request of Councilman Heckscher, the Director of
Public Works will ascertain the City's eligibility for
disaster assistance.
2. VACATION OF LA ZANJA STREET - RESOLUTION OF INTENTI
Council received copies of a memorandum dated February 5, 1975,
from the Director of Public Works regarding the proposed
vacation of La Zanja Street from Guadalupe Street to Ysidora
Street and the alley extension from Ysidora Street to Andres
Pico Road. The Traffic and Transportation Committee has
approved the concept.
RESOLUTION NO. 75-2-5-2: VACATION OF PORTION OF LA ZANJA STREET -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A
PORTION OF LA ZANJA STREET AND THE ALLEY EXTENSION
It was moved by Councilman Weathers, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-2-5-2 be
adopted.
The Resolution sets a Public Hearing on this matter for
Wednesday, March 5, 1975, at 7:00 P.M. in the Council Chamber.
CONSENT ITEMS
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried to accept the staff recommendations with
regard to the following matters:
1. REQUEST TO SOLICIT FOR FUNDS -
AMERICAN CANCER SOCIETY .
The request of the American Cancer Society for permission to
solicit for funds within the City is approved for the month
of April, 1975.
2. ACCEPTANCE OF EASEMENT DEED - DEL OBISPO STREET AND ALIPAZ
STREET NEWPORT BEACH DEVELOPMENT COMPANY LOT 7 TRACT 03
The Easement Deed for street purposes on Del Obispo Street and
Alipaz Street, Lot 76, Tract 103, Alipaz Center, duly executed
by William R. Reinhardt, general partner, on behalf of the
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grantor, Newport Beach Development Company, is accepted and
the City Clerk authorized to certify acceptance on behalf of
the City.
3. REQUEST TO CONDUCT SIDEWALK SALE -
MISSION VILLAGE CENTER MERCH-ANNTST ASSOCIATION
The request of Alexander Schmick, Mission Village Center
Merchants' Association, for permission to conduct a sidewalk
sale February 21 and 22, 1975, is approved...
PUBLIC HEARINGS
1. HOUSING AND C0MMUNITY DEVELOPMENT ACT OF 1974 - APPLICATION
Notice having been given as required by law, Mayor Byrnes
declared the Public Hearing on the City's application for
Entitlement Funds under the Housing and Community Development
Act of 1974 open and inquired if anyone in the audience
wished to address the Council on this matter. No one wished
to be heard either for or against the proposed application,
and no written communications were received. Mayor Byrnes
declared the Public Iiearing closed with the right to re -open.
at any time.
Council received copies of a staff report from the Director
of Planning dated February 5, 1975, forwarding copies of the
application which is in two parts. Part I relates to the
Community Development Plan, Part II identifies the City's
Housing Assistance Plan.
It was moved by Councilman Heckscher and seconded by Councilman
Weathers to accept the Housing and Community Development Act
application as prepared. The motion carried by the following
vote:
AYES: Councilmen Sweeney, Weathers, Heckscher and
Mayor Byrnes
NOES: Councilman Nash
ABSENT: None
ORAL COMMUNICATIONS
1. REQUEST FOR PERMISSION TO OPERATE TAXICAB
Mr. Walt Decker addressed the Council. Mayor Byrnes advised
Mr. Decker that this item would be considered later on the
Agenda and it would be appropriate for him to address the
Council at that time.
INTERIM CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
1. PROGRESS REPORT
Council received copies of the Progress Report on budgeted
items from the Interim City Manager for information.
2. PERSONNEL - CITY COUNCIL LEGISLATIVE AIDES
Council received copies of a memorandum dated February 5, 1975,
from the Interim City Manager regarding the implementation of
a program for the hiring of Legislative Aides for City Council
members. The program, as proposed by Councilman Nash, would
limit the Aides' expenditure of time to 150 hours per quarter
at $3.00 per hour, there would be no space provided in the
City offices, the Aides would be hired at the discretion of
each Councilman and would report directly to that Councilman.
It was moved by Councilman Nash and seconded by Councilman
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Ileckscher to implement the program for a trial period of
6 months, that the maximum expenditure per Councilman be
the equivalent of $450.00 per quarter; and, at the end of
the 6 -month trial period Council receive a full report from
staff evaluating the full impact of this program on their
work level. The motion carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Nash, and
Heckscher
NOES: Mayor Byrnes
ABSENT: None
Mayor Byrnes directed that the record reflect his "strong
disapproval of this most ill-considered program."
Councilman Heckscher requested that the Interim City Manager
report on the availability of CETA funds for Legislative Aide
salaries.
3. REQUEST FOR -FUNDS - CAPISTRANO INDIAN COUNCIL
Council received copies of a memorandum dated February 5, 1975,
from the Interim City Manager forwarding a letter dated
January 22, 1975, from Lynn Girdler, Vice President of the
newly -formed Capistrano Indian Council, The Indian Council
requests financial assistance from the City for the printing
of a newsletter to be sent to members.
It was moved by Councilman Sweeney, seconded by Councilman
Weathers and unanimously carried to authorize support of
the activities of the Capistrano Indian Council in the form
of a contribution of $375.00 for the remainder of this fiscal
year and at the end of that time to assess the City's support
of this organization.
Councilman Sweeney requested that the matter of City policy
for funding of local community organizations be placed on
the City Council Agenda for consideration. The Director of
Administrative Services advised that this matter would be
considered in conjunction with upcoming budget discussions.
4. RETIREMENT BOARD
Council received copies of a report dated February 5, 1975,
from the Interim City Manager forwarding copies of the
Employees Retirement Plan for information.
4. BUDGET - REPORT OF FUND BALANCES AS OF 12/31/74
Council received copies of the Report of Fund Balances as of
12/31/74 for information. In future reports the amounts will
be rounded off to the nearest dollar figure. Council requested
that on future reports funds identified by initials receive
a brief explanation of their titles and that the reports be
accompanied by a graph.
RECESS AND RECONVENE
Council recessed at 8:30 P.M
CITY CLERK
1. PROGRESS REPORT
and reconvened at 8:45 P.M.
Council received copies of the# City Clerk's Progress Report
for the period July through December, 1974, for information.
2. REQUEST TO SOLICIT DOOR-TO-DOOR (HERRING)
At the request of the applicant, Mr. Edward Herring, this
item was ordered held over to the Council meeting of
February 19, 1975.
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DIRECTOR OF PLANNING
1. PROGRESS REPORT
Council received copies of the Planning Director's Progress
Report of Major Objectives and Programs as budgeted, for
information.
2. ENVIRONMENTAL IMPACT REPORT GUIDELINES - STATE REVISIONS
Council received copies of a memorandum dated February 5,
1975, from the Director of Planning forwarding Revised
Environmental Impact Report Guidelines, pursuant to
recently -enacted State legislation.
RESOLUTION NO. 75-2-5-3: ENVIRONMENTAL IMPACT REPORT
GUIDELINES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OI�N�N CAPISTRANO, CALIFORNIA, ADOPTING AMENDED GUIDE-
LINES FOR THE PROCESSING OF ENVIRONMENTAL IMPACT REPORTS
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that Resolution No.
75-2-5-3 be adopted.
3. ENVIRONMENTAL REVIEW BOARD
Council received copies of a report from the Director of
Planning dated February 5, 1975, regarding the constitution
and function of the Environmental Review Board. Council
directed that this matter be referred to the newly=appointed
City Manager for report back in approximately 3 months.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. PROGRESS REPORT
Council received copies of the Progress Report from the
Director of Public Works for the first six months of fiscal
year 1974-75, for information.
2. S.E.R.R.A. PROJECT COMMITTEE NO. 5 (OCEAN OUTFALL)
BUDGET REVISIONS - RECONSIDERATION
Council received copies of a memorandum dated February'S, 1975,
from the Director of Public Works pertaining to the reconsidera-
tion of budget revisions for S.E.R.R.A. Project Committee
No. 5 (Ocean Outfall).
RESOLUTION NO. 75-2-5-4: SERRA PROJECT COMMITTEE NO. 5 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SMT --JUAN
CAPISTRANO, CALIFORNIA, APPROVING REVISED BUDGET
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-2-5-4
be adopted. The Resolution encompasses the recommendation of
the Director of Public Works, as follows:
Approve the revised budget for Project Committee No. 5
in the amount of $709,117, restricting the authorized
expenditures to $293,148.70 with the balance of the
expenditures contingent upon full grant approval and
the issuance of the Coastal permit; and, increase the
authorization from the City Sewer Enterprise Account
from $22,835.00 to $38,959.46, to fund San Juan
Capistrano's capacity allocation charges in the S.E.R.R.A.
Project Committee No. 5 Ocean Outfall.
Councilman Nash suggested it would be appropriate to encourage
the Dana Point Sanitary District to clean the litter of stored
material from their property along Del Obispo Street in front
of the facility. Mayor Byrnes referred this matter to the
Interim City Manager.
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S,E,R,R,A, - REQUEST FOR CHANGE OF MEETING SCHEDULE
It was moved by Councilman Heckscher,
Nash and unanimously carried that the
on the S.E,R,R,A, Board (the Director
directed to make a motion at the next
the meetings of S,E.R,R,A, be held on
than Wednesdays, at their convenience,
than at 2:00 P.M, on Tuesdays.
seconded by Councilman
City's representative
of Public Works) be
S.E.R.R.A, meeting that
any week day, other
at 7:00 P.M., rather
REQUEST FOR FENCE ENCROACHMENT PERMIT (VERMEULEN)
Council received copies of a memorandum dated February 5, 1975,
forwarding a letter dated September 13, 1974, from Charles _
I. Vermeulen requesting permission to construct a chain link
fence in street right-of-way on Del Obispo Street due to
alleged vandalism to his crops.
It was moved by Councilman Weathers, seconded by Councilman
Nash and unanimously carried to approve the permit with the
following conditions and to authorize the Director of Public
Works to execute the permit on behalf of the City:
1, Locate the fence easterly of the water line or
have the fence plan approved by Orange County
Waterworks District No. 4;
2. The fence plan is to be approved by the Pacific
Telephone Company and the San Diego Gas & Electric
Company prior to installation;
3. Fence to be 43 feet or more easterly of the center-
line of Del Obispo Street;
4. The fence shall be removed or relocated at the owner's
expense if the City determines a public need of the
right-of-way or for the purpose of construction or
reconstruction of the roadway, drains, walks, trails
or other appurtenances;
5. That appropriate locks be provided to allow access by
any utilities whose facilities remain behind the
fence,
ARKS AND RECREATION COMMISSION - CRITERIA FOR NAMING PARKS
This matter will be considered at -a later date,
PLANNING COMMISSION - REPORT OF COMMISSION ACTIONS
Council received copies of actions taken by the Planning Commission
at their regular meeting of January 21, 1975, for information,
TRAFFIC AND TRANSPORTATION COMMITTEE
1. REQUESTS TO OPERATE TAXICABS - LYLE AND ROBERT DECKER; AND
ARTHUR FLOREZ - COURTESY CABS
Council received copies of requests to operate taxicabs in
the City from the following applicants:
(1) Lyle and Robert Decker, Capistrano Cab, Co.,
32802 Valle Road, San Juan Capistrano;
(2) Arthur Florez, Courtesy Cab Company and San Juan
Capistrano Yellow Cab,
375 Broadway, Laguna Beach,
Mr, Walt Decker and Mr. Arthur Florez addressed the Council,
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Mr. Decker has withdrawn his request for permission to locate
a cab stand in the City; Air. Florez had not requested approval
of a cab stand location.
After discussion of insurance requirements', the viability of
2 taxicab operations in the City, and the period of time of
Council's approval of these proposals, it was moved by
Councilman Nash and seconded by Councilman Sweeney to allow
permits to be issued to both.Lyle and Robert Decker and to
Arthur Florez for the period up to and including December 31,
1975.
Councilman Heckscher questioned the basis on which the Council
will make a finding at the end of this period of time. It
was moved by Councilman Heckscher and seconded by Councilman
Sweeney that the matter be tabled. The motion failed by the
following vote:
AYES: Councilmen Sweeney and Heckscher
NOES: Councilmen Weathers, Nash and Mayor Byrnes
ABSENT: None
The motion to allow the permits for a period up to and
including December 31, 1975, carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Nash and
Mayor Byrnes
NOES: Councilman Heckscher
ABSENT: None
The conditions of approval for both applications pursuant to
Ordinances No. 35 and 213 are set forth -in memorandums dated
February 5, 1975, from the Interim City Manager.
WARRANTS
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried to approve the List of Demands dated
February 5, 1975, Warrants Nos. 4541 through 4658, inclusive, and
Warrants Nos. 0145, 0146, 0147, and 0148 on the 1911 Act Account,
in the total amount of $169,595.61.
Mayor Byrnes requested a copy of the registration application
for the University of California, as set forth in Demand No. 4544.
COUNCIL REMARKS
1, PROPOSED CITY COUNCIL/COMMUNITY MEETINGS
Mayor Byrnes suggested that a series of workshops be
scheduled in the future so that the Council may meet with
homeowner association members and residents to improve
City/resident communications with an emphasis on response
and comments from the public. It is proposed that the first
meeting be held at one of the mobile home sites. It was the
consensus of.the Council that the Regular.Council Meeting of
March 5, 1975, be adjourned to March 12, 1975, for this
purpose.
2. PRIMA DESHECHA LANDFILL - ACCESS ROUTES
Councilman Nash noted a letter dated January 28, 1975 from Mr.H.G.
Osborne, Director of the Orange County Environmental Management
Agency, regarding proposed routes to the Prima Deshecha landfill.
He stated that his prior support of the La Novia route had
been contingent upon there being dual access routes and that
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to the dump.
It was moved by Councilman Nash and seconded by Councilman
Heekscher that the City indicate to the County that (1) the
Council cannot support the La Novia access route in the
absence of a dual access concept, (2) we recommend proceeding
with the La Pata route since it will allow the Forster site
to be closed down at the earliest date, and (3) that we
request the County to apply the fund balance that would have
been applied to La Novia to interim improvements to hazardous
points on the Ortega Highway. The motion failed by the
following vote:
AYES: Councilman Nash
NOES: Councilmen Sweeney, Weathers and Mayor Byrnes
ABSTAIN: Councilman Heckscher
ABSENT: None
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried that the City respond to
Mr. Osborne indicating that the County should not proceed
with programs of acquisition of rights-of-way or construction
without prior approval by the City of the plans for precise
alignment of the route, acceptance of the Environmental
Impact Report prepared by the County, and approval of the
schedule of work; but, the City Council does approve of
their proceeding with the investment of funds for consultant
and staff work to make their necessary evaluation.
3. CAPISTRANO HIGH SCHOOL GYMNASIUM
Councilman Sweeney inquired if there were any information tc
report on the status of the high school gym. The Planning
Director reported that he had contacted the Fire Department,
but that reports were still needed regarding plumbing,
electrical systems, etc.
4. POLICIES AND PROCEDURES
Councilman Sweeney suggested that in the future Council not
address any dollar oriented motions without a span of at
least two weeks for consideration before taking action.
RECESS AND RECONVENE
Council recessed to Executive Session at 11:35 P.M. and reconvened
at 12:55 A.M.
CULTURAL HERITAGE COMMISSION - APPOINTMENT OF COMMISSIONERS
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that the following persons be
named to serve on the City's Cultural Heritage Commission:
1.
2.
3.
4.
5.
6.
7.
Mary Jane Forster
Pam Hallan
Natalie Mitchell
Eugenie (Carmen)
Les Remmers
Dan Rios
Anne Schauwecker
Oyharzabal
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ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 1:00 A.M., February 6, 1975, to the next meeting date
of Wednesday, February 19, 1975, at 7:00 P.M. in the City Council
Chamber.
APPROVED:
Respectfully submitted,
MARY ANN OVER, CITY CLERK
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