75-0219_CC_Minutes_Regular Meeting31
FEBRUARY 19, 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 7:05 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given
by Ray Woodside.
ROLL CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor
James K. Weathers, Mayor pro tem.
Councilman Yvon 0. Heckscher
Councilman Douglas B. Nash
Councilman John B.•Sweeney'
COUNCILMEN ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services; William Murphy, Public Works
Director/City Engineer; Jack Raines, Engineering Consultant;
David J. Smith, Director of Planning; James Okazaki, City Attorney;
Mary Ann Hanover, City Clerk.
MINUTES
It was moved by Councilman Nash, seconded by Councilman Heckscher
and unanimously carried that the Minutes of the Adjourned Regular
Council Meeting of January 29, 1975, be approved with the addition
of the following sentence at the bottom of page 1: "Councilman
Heckscher requested that staff investigate the possibility of the
use of CETA funds for this position."
It was moved by Councilman Heckscher, seconded by Councilman Nash
and unanimously carried that the Minutes of the Regular Council
Meeting of February 5; 1975, be approved with the following
amendment to the last paragraph of Page 5 under the item entitled
"S.E.R.R.A. Project Committee No. 5 ," Change the wording from
.clean the litter from Del Obispo Street. . ." to , clean
the litter of stored material from their property along Del Obispo
Street. . ."
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried that all ordinances and resolutions
be read by title only.
AMERICAN REVOLUTION BICENTENNIAL ADMINISTRATION -
PRESENTATION OF CERTIFICATE OF OFFICIAL RECOGNITION AND
BICENTENNIAL FLAG
Mayor Byrnes introduced Mr. Samuel Coffey, Regional Deputy Director
of the American Revolution Bicentennial Administration, representa-
tive of Mr. John W. Warner, Administrator of the American
Bicentennial Celebration. Mr. Coffey addressed the Council and
commended the City for its proposed programs for celebrating the
Bicentennial in 1976. He then presented the Bicentennial Flag
and the Certificate of Official Recognition of the City as a
Bicentennial Community to Mayor Byrnes and Mrs. Muriel Surles,
Chairman of the City's Bicentennial Committee.
AGRICULTURAL PRESERVATION - SPECIAL PRESENTATION -
Councilman Henry Quigley of the City of_Irvine addressed the Council
regarding his "Conceptual Program for Preserving Agricultural
Open Space" and presented a printed copy of his report. His
proposed method of preserving agricultural open space is a program
that would give permanent tax relief to land that local government
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agencies decide should remain in permanent agricultural use.
Discussion followed, and Council thanked Mr. Quigley for making
his presentation.
BIDS. CONTRACTS. AGREEMENTS
AWARD OF BID - TILT CAB AND CHASSIS; B00M LOADER -
PUBLIC WORK
Council received copies of a memorandum dated February 19,
1975, from David B. Smith, Administrative Assistant, regarding
the bids received for a tilt cab and chassis and hydraulic
boom loader, as authorized in the 1974-75 fiscal budget.
Councilman Heckscher questioned the direct need for this
equipment and the intended frequency of use.
It was moved by Councilman Nash; seconded by Councilman
Weathers to accept the qualifying combined bid in the total
amount of $18,979.04 from Tom Stamp Ford and Peabody -Galion
for one (1) tilt -cab & chassis and one (1) hydraulic boom
loader, and to reject all other bids. The motion carried
by the following vote:
AYES: Councilmen Sweeney, Feathers, Nash and
Mayor Byrnes
NOES: Councilman Heckscher
ABSENT: None
2. AGREEMENT - STORM DRAIN RIGHT-OF-WAY DOL 72-110,
MYTH BROS. (VETACOMP Y
Council received copies of a memorandum from the City Engineer's
Office dated February 19, 1975, forwarding an agreement between
the City and VETA Company for acquisition of a storm drain
right-of-way to San Juan Creek in conjunction with DOL 72-110.
The City Attorney recommended that the word "stipulated" be
inserted before the word "judgment" in line 3 of page 2 of
the Agreement.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to approve the drainage
right-of-way Agreement with the VETA Company, as amended, and
to authorize the Mayor to execute the Agreement on behalf of
the City.
RESOLUTIONS
1. RESOLUTION NO. 75-2-19-1: COMMENDING CICLISTAS CAPISTRANO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF S JU
CAPISTRANO, CALIFORNIA
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-2-19-1
be adopted. The Resolution commends the Ciclistas Capistrano
for their services to the community as an athletic, social,
and service organization.
Mr. Mike Baker, President of the organization, and Mr. Bob
Potter, team coach, addressed the Council, Councilman
Weathers suggested that the City should also promote bicycle
safety,
CONSENT ITEMS
It was moved by Councilman Nash, seconded by Councilman Weathers
and unanimously carried to accept the staff recommendations with
regard to the following matters:
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1. PROCLAMATION - EASTER SEAL MONTH, MARCH, 1975
The request of the Rehabilitation Institute of Orange County
that the month of March, 1975, be proclaimed as "Easter Seal
Month" in the City is approved.
2. RED CROSS MONTH - MARCH, 1975
The request of the Orange County Chapter of the American
National Red Cross that the month of March, i975, be designated
as Red Cross Month in the City is approved..
3. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES
Council received and filed the City Treasurer's Report of
1911 Act delinquent bonds as of February 10, 1975.
PUBLIC HEARINGS
1. PROPOSED AMENDMENT TO EMPLOYEE CLASSIFICATION PLAN -
AD
DITION OF POSITION OF RECREATION COORDIN TOR
Notice having been given as required by law, Mayor Byrnes
declared the Public Hearing on the proposed amendment to the
Employee Classification Plan open and inquired if anyone in
the audience wished to address the Council in favor of or in
opposition to the addition of the position of Recreation
Coordinator.
Mr. Ed Chermak, 32231 Los Amigos, addressed the Council in
opposition to the creation of this position and the salary
range designated thereto. He listed the recreation facilities
which are currently available in the area. Mr. Al Arps,
32802 Valle Road, Space 95, addressed the Council and inquired
if it were the intent of the City to create a Recreation
Department. Mayor Byrnes advised that the Recreation Coordinator
would function under the Department of the City Manager.
There being no one else wishing to address the Council on this
matter, Mayor Byrnes declared the Public Hearing closed with the
right to re -open at any time.
Mrs. Minnie Surles, Chairman of the Parks & Recreation Commission,
addressed the Council and discussion followed, with Councilman
Sweeney re -iterating his previous opposition to the proposal.
The matter was continued later on the Agenda.
PERSONNEL - INTRODUCTION OF CITY MANAGER JAMES S. MOCALIS
Mayor Byrnes introduced Mr. James S. Mocalis, who commenced his
employment as City Manager effective February 16, 1975.
RECESS AND RECONVENE
Council recessed at 9:00 P.M. and reconvened at 9:15 P.M.
PROPOSED ADDITION OF POSITION OF RECREATION COORDINATOR (CONTINUED)
It was moved by Councilman Weathers; seconded by Councilman Nash
that the following Resolution be adopted:
RECREATION COORDINATOR - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
CLASSIFICATION PLAN OF THE PERSONNEL RULES
It was moved by Councilman Heckscher; seconded by Councilman
Sweeney that the motion be tabled. The motion carried by the
following vote:
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AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Byrnes
NOES: Councilman weathers
ABSENT: None
Mayor Byrnes declared the Public Hearing continued to the next
regular Council Meeting of Wednesday, March 5, 1975, at 7:00 P.M.
in the Council Chamber.
ORAL COMMUNICATIONS
1. PROPOSED COMMUNITY CENTER
Mrs. Marilyn Williams addressed the Council regarding the
method of obtaining approval of the citizens of the City
should a redevelopment agency be formed to finance the
proposed community center.
Mrs. Dolly Olivares addressed the Council regarding the fact
that presentations of only one proposed community site had been
made to residents. She requested that the record reflect that
she cannot and will not sell or lease her property to the
City.
2, APPEAL OF PLANNING COMMISSION ACTION, LUP 74-1. DANERI TRACT
Mr. Roland Olsen addressed the Council to appeal the action
of the Planning Commission with regard LUP 74-1, the Daneri
Tract. Council directed that this matter be placed on the
Agenda for the next regular meeting scheduled for March 5,
1975.
INTERIM CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES
1, STAFF REPORT
Council received copies of the Staff Report dated February 19,
1975, for the Department of Administrative Services for
January, 1975, for information.
2. COMMENDATION FOR SERVICES
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried that Mr. O'Sullivan'be
commended for his services as Interim City Manager since
October, 1974. Council thanked him -for a job well done..
3. SIGNS - CITY HALL
Council received copies of a memorandum dated February 19, 1975,
from the Director of Administrative Services regarding the
need for directional and identification signs for City Hall.
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried to refer this matter to the
Planning Commission for recommendation back to Council.
4. PEPPER TREE AT SAN JUAN SCHOOL
The Director of Administrative Services presented an oral
report on the status of the Spring Street pepper tree located
on School District property at San Juan School. Two large
branches have recently fallen from the tree and experts advise
that the tree will require cabling as a means of support.
Mr. O'Sullivan requested authorization from the Council to
look into the matter further and, if necessary, to allocate
an amount not to exceed $2,000 to save the tree. Financial
assistance will be requested from the School District.
Mr. Bob Potter, tree specialist, addressed the Council. He
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estimates that the tree is between 250 and 350 years old.
Mr. Potter estimates that the heavy pruning and trimming
of the tree, interior cabling of the trunk and limbs, and
complete sealing of the hollowed -out main trunk can be
accomplished for the total amount of $974'. His estimate
for cutting down the tree without removal of the root system
is $1500.
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried to authorize the City Manager
to spend up to $2,000 in order to have the necessary measures
taken to preserve the tree; staff is to secure the concurrence
of the majority of the Council of the trimming modification
plan before action is taken. A rendition of the tree before
and after trimming is to be supplied to Council.
CITY CLERK
1. REQUEST FOR PERMISSION TO SOLICIT DOOR-TO-DOOR (HERRING)
Council received copies of an application from E.W. Herring,
26472 Evergreen Road, for permission to solicit door-to-door
in the City for the purpose of selling home laundry and
cleaning products. Ordinance No. 171 provides for Council
approval of this activity. Mr. Herring addressed the Council.
Mayor Byrnes directed that staff report back to the Council
at the next meeting regarding the advisability of revising
regulations for door-to-door solicitation, as contained in
the business license ordinance.
DIRECTOR OF PLANNING
STAFF REPORT
Council received copies of the Planning Department staff report
for the month of January, 1975, for information.
2. BICENTENNIAL TREE PLANTING PROGRAM - SAN JUAN BEAUTIFUL
Council received copies of a report dated February 19, 19750
from the Planning Director regarding the implementation of
the Bicentennial Tree Planting Program as proposed by
San Juan Beautiful in July, 1974. The plan calls for the
planting of 200 trees over a 2 -year period.
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried to accept a $1600 donation from
San Juan Beautiful for.their sponsorship of a Bicentennial
Tree Planting Program and to direct that the donation be
placed into the Capital Improvement Program for the planting
of street trees in accordance with the proposal outlined in
the staff report. The first increment of the plan will be
the planting of ornamental pear and liquidambar trees along
Ortega Highway between Camino Capistrano and E1 Camino Real.
Council requested that staff reply to San Juan Beautiful
and commend the organization on this program.
3. EL NIDO MOBILE HOME PARK - LUP 68-109
Council received copies of a report dated February 19, 1975,
from the Director of Planning forwarding a letter dated
February 10, 1975, from Manufacturers Bank, 135 East Ninth
Street, Los Angeles, advising that they have acquired title
to the E1 Nido Mobile Home Park. Mr. Riley Marquist of
Church Engineering addressed the Council. Prior to the
issuance of building permits, the City Council must review
and approve the final grading plan and landscaping plans
for the entire project. It was the consensus of the Council
that this matter be continued to the next regular Council
meeting of March 5, 1975.
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4. REQUEST FOR OFF-SITE SUBDIVISION DIRECTIONAL SIGN -
Council received copies of a letter dated February 6, 1975,
from Holstein Industries requesting a waiver of the provisions
of Ordinance No. 273,which defers the acceptance and processing
of off-site subdivision directional signs, on the grounds of
extreme hardship. As an alternative, the applicant has
requested approval of an on -.site subdivision sign to be
located on the tract property.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that the request be denied
since a finding of extreme hardship is not justified; the
request for an on-site subdivision sign is referred to the
Planning Commission for consideration.
5. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 -
INTENTION TO PARTICIPATE
RESOLUTION NO. 75-2-19-2: HOUSING AND COMMUNITY DEVELOPMENT ACT -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ASSURING THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT THAT IT HAS AND WILL CONTINUE TO COMPLY
WITH THE PROVISIONS OF THE HOUSING AND COMMUNITY DEVELOPMENT
ACT OF 1974
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that Resolution No. 75-2-19-2 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Heckscher and
Mayor Byrnes
NOES: Councilman Nash
ABSENT: None
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. STAFF REPORTS
Council received copies of the staff reports for the month of
January, 1975, from the Director of Public Works and Consultant
Engineering, Staff Engineering, Public Works Maintenance, and
Water Treatment Plant Divisions of the Public Works Department,
for information.
2. S.E.R.R.A. - CHANGE OF MEETING TIME
The Director of Public Works advised that S.E.R.R.A. will
hold its meetings on the second Thursday of the month at
7:00 P.M, in the Council Chamber. The first evening meeting
is scheduled for March 13, 1975.
3. STREET IMPROVEMENTS - PROPOSED SCHEDULE FOR CAMINO CAPISTRANO
Council received copies of a memorandum dated February 19,
1975, from the City Engineer's Office, forwarding a proposed
schedule for the improvement of Camino Capistrano from the
San Juan Creek Bridge to -200 feet northerly of Del Obispo
Street. The schedule sets forth the necessary steps for, the
County AHFP portion of the project, an underground utility
district, and a 1911 Act improvement district.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to approve the proposed
schedule in concept and to direct staff to continue with the
preparation of a preliminary project report.
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PARKS AND RECREATION COMMISSION
1. ALTO CAPISTRANO RECREATION FACILITIES
Council received copies of a memorandum dated February 19,
1975, from the Director of Public Works regarding recreation
facilities in the Alto Capistrano area at the southern
portion of the City. Mr. Gary Hausdorfer, President of
the Alto Capistrano Iiomeowners' Association, addressed the
Council.
It was moved by Councilman Sweeney, seconded by Councilman
Weathers and unanimously carried to support the recommendation
of the Parks and Recreation Commission and adopt a policy
that the acquisition of recreational facilities for the _
neighborhood of Alto Capistrano be elevated to equally as
high as any other park facilities in the City, to '
direct staff to include recreation facilities in this area
in the five-year capital improvement budget, and to authorize
a survey of available sites and the preparation of a report
showing the utilities of each site and estimated costs.
2. LONG PARK DEVELOPMENT PLANS
Council received copies of a staff report dated February 19,
1975, from the Director of Planning regarding plans for the
improvement and development of Long Park, including pre-
liminary cost estimates.
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried to approve the preliminary
plans for Long Park and to authorize the preparation of bid
documents; the proposed spray basin/seating area is included
as an optional item. The Parks and Recreation Commission will
review the modified spray basin/seating area and contact local
service groups for their possible funding of this or another
item as the park's "focal point."
PLANNING COMMISSION
1. REPORT OF PLANNING COMMISSION.ACTIONS
Council received copies of the report dated February 19, 1975,
of actions taken by the Planning Commission at their regular
meeting of February 4, 1975.
RETIREMENT BOARD
1. The report on the City's retirement system will be
presented by the Director of Administrative Services at a
later date.
TRAFFIC - SOUTHEAST ORANGE COUNTY CIRCULATION
STUDY STEERING COMMITTEE
1. Councilman Nash provided a report dated February, 1975,
prepared by the Steering Committee staff which summarizes
the direction, progress, and status of the Circulation Study.
The purpose of the Committee is to guide a consultant firm
in determining what the -circulation needs will be in the
County in the year 2000. Mr. Nash requested that Council
members supply him with their comments on the report by
Monday, February 24th.
TRAFFIC CIRCULATION - ALTO CAPISTRANO AREA
Councilmen Heckscher and Weathers reported to Council on meetings
held with the developer of the proposed Meredith Hills tract
above Alto Capistrano for the purpose of attempting to resolve
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319
traffic circulation problems in the area. A solution has
been proposed whereby Avenida Calita would be extended
in order to relieve the burden of traffic on Via de Agua.
There has been no response from the developer. Council
reviewed alternatives and maps of the area.
COUNCIL REMARKS
1. CAPISTRANO UNIFIED SCHOOL DISTRI
Councilman Sweeney noted that there is a possibility that the
Capistrano Unified School District Headquarters will be moved
to the Inca Plant in the industrial park section of the City.
The Planning Director advised that the CUSD has requested
that the Planning Commission make a determination as to the
conformity of the use to the General Plan.
2. PRIMA DESHECHA DISPOSAL SITE
Mayor Byrnes noted that a meeting is scheduled in the offices
of the Orange County Road Department at 2:00 P.M. on
February 25th.
WARRANTS
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried to approve the List of Demands
dated February 19, 1975, Warrants Nos. 4658 through 4715,
inclusive, and Warrant No. 0149 on the 1911 Act Account, in the
total amount of $13,137.21.
RECESS AND RECONVENE
Council recessed to Executive Session at 12:15 P.M. and reconvened
at 1:08 A.M., February 20, 1975.
MEREDITH HILLS DEVELOPMENT, TRACTS 8087 & 8319
It was moved by Councilman Heckscher; seconded by Councilman Sweeney
to authorize the issuance of four building permits for model homes
and twenty building permits for the first stage of construction.
Mr. Heckscher then withdrew the motion with the consent of the
second.
It was moved by Councilman Heckscher that permits for only the
four model homes be issued. The motion died for lack, of a second.
It was moved by Councilman Heckscher and seconded by Mayor Byrnes
that four building permits be issued for the model homes only. The
motion failed by the following vote:
AYES: Councilman Heckscher and Mayor Byrnes
NOES: Councilmen Sweeney, Weathers and Nash
ABSENT: None
It was moved by Councilman Nash and seconded by Councilman Heckscher
that building permits for four model homes and permits not to
exceed twenty-five be issued, all of said permits being for
sites at locations other than at the intersection of Avenida Calita
and Via de Agua so that the extension of Avenida Calita can still be
considered. The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes
NOES: Councilman Weathers
ABSENT: None
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 1:32 A.M., February 20, 1975, to the next
regular meeting date of Wednesday, March 5, 1975, at 7:00 P.M.
in the City Council Chamber.
Respectfully submitted,
?2
MA
R O E , I
APPROV
r
L. NES, ., MAYOR
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