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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: -1- 2/5/75 304 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 -2- 2/5/75 305 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 -3- 2/5/75 3 of) 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. -4- 2/5/75 30Z 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. -5- 2/5/75 K: 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, -6- 2/5/75 309 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 -7- 2/5/75 0 the City had not 'taken official action to endorse any route 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 -S- 2/5/75 31 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 -9- 2/5/75