75-0402_CC_Minutes_Regular MeetingAPRIL 2, 1975
REGULAR MEETING OF TIIE CITY COUNCIL, CITY OF SAN JUAN CAPISTRANO
The Regular Meeting of the City Council was called to order by
Mayor Weathers at.7:05 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by
Mr. Ed Stump of the Capistrano Valley Baptist Church.
ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Yvon 0. Heckscher
Councilman Douglas B. Nash
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.
CITY COUNCIL - PRESENTATION OF GAVEL
Mayor Weathers presented an engraved gavel to Councilman Roy L. Byrnes
in recognition of his services as Mayor of the City from April 23,
1973, to March 19, 1975.
MINUTES
It was moved by Councilman Byrnes, seconded by Councilman Nash
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of March 10, 1975, be approved as submitted.
It was moved by Councilman Heckscher, seconded by Councilman Byrnes
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of March 12, 1975, be approved with the addition of the
following sentence at the bottom of Page 1: 115. Agricultural
Preservation - Councilman Nash."
It was moved by Councilman Heckscher, seconded by Councilman Byrnes
and unanimously carried that the Minutes of the Regular Meeting of
March 19, 1975, be approved with the following correction to Page 9,
Paragraph 4, Weed Abatement: In the first sentence, strike the
words "in street right-of-way" and insert the words "on properties"
and add the words "as soon as possible" to the end of the sentence.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that all ordinances and resolutions be
read by title only.
BIDS CONTRACTS, AGREEMENTS
1. WEED ABATEMENT SPECIFICATIONS
This item was ordered held over to the next regular Council
meeting since Council did not receive copies of'the specifications.
2. PROPOSED RENTAL OF WORD PROCESSING EQUIPMENT
Council received copies of a memorandum dated April 2, 1975,
from the Director of Administrative Services, requesting
authorization to rent word processing typewriter and dictation
equipment for use by the City Manager, City Clerk, Director of
Administrative Services, and Director of Public Works.
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Rental of the equipment at $260 per month was included in
the 1974-75 fiscal budget, conditioned upon specific approval
by the City Council prior to entering into a rental agreement.
Councilman Sweeney questioned the expenditure at this time;
Councilman Heckscher suggested that equipment other than IBM
may be more reasonable.
It was moved by Councilman Byrnes and seconded by Councilman Nash
to authorize the rental of word processing equipment for a minimum
trial period of six months and to authorize the purchase of the
dictating equipment; the Director of Administrative Services is
to investigate the costs of comparable equipment manufactured by
companies other than IBM. The motion carried by the following vote:
AYES: Councilmen Byrnes, Nash, Heckscher and
Mayor Weathers
NOES: Councilman Sweeney
ABSENT: None
3. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 -
MENDMENT TO CITY COUNTY COOPERATION GREEM
Council received copies of a report dated April 2, 1975, from
the Director of Planning forwarding copies of the executed
agreement between the City and the County in application for
funds under the Housing and Community Development Act of 1974,
a proposed amendment to said Agreement, and an explanatory
letter from the Orange County Environmental Management Agency.
The U.S. Department of Housing and Urban Development requires
that the original City/County Agreements be amended to clearly
establish that the County is the applicant for community
development funds rather than the individual cities. The
amendment has been approved by the City Attorney.
RESOLUTION NO. 75-4-2-1: HOUSING AND COMMUNITY DEVELOPMENT ACT -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JU
CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO TRE COOPERATION
AGREEMENT BETWEEN THE CITY AND THE COUNTY OF ORANGE
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that Resolution No. 75-4-2-1 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Byrnes, Heckscher and
Mayor Weathers
NOES: Councilman Nash
ABSENT: None
The Resolution authorizes the Mayor and City Attorney to
execute the Amendment to the Cooperation Agreement on behalf
of the City.
4. TRABUCO CREEK CHANNEL LANDSCAPING - NOTICE OF COMPLETION
Council received copies of a memorandum dated April 2, 1975,
from the Director of Public Works regarding the completion of
the Trabuco Creek Channel irrigation and planting plan adjacent
to Paseo Adelanto from Del Obispo Street to the City offices.
The project has been completed according to plans and specifica-
tions by R.K. Johnson Lanescaping. Councilman Nash questioned
the use of exposed irrigation pipe in standard specifications.
RESOLUTION NO. 75-4-2-2: TRABUCO CREEK LANDSCAPING -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE TRABUCO CREEK CHANNEL
IRRIGATION AND PLANTING PLAN
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It was moved by Councilman Ueckscher and seconded by
Councilman Sweeney that Resolution No. 75-4-2-2 be adopted
and that payment be made to R.K. Johnson Landscaping in the
amount of $324.20 (10% retention) upon the expiration of
thirty-five days from the filing of the Notice of Completion,
The Resolution determines that the project has been completed
and accepts the work in the total amount of $3,242.00 and
directs the City Clerk to file a Notice of Completion with the
Orange County Recorder within ten days of the date of acceptance.
The motion carried by the following vote:
AYES': Councilmen Sweeney, Byrnes, Ileckscher and
Mayor Weathers
NOES: Councilman Nash
ABSENT: None
Staff is directed to prepare a proposal for the possible
painting of the exposed irrigation pipe or the installation of
a low ground cover so that the pipe will be less unsightly.
RESOLUTIONS
1, RESOLUTION NO. 75-4-2-3: PRIMA DESHECHA ACCESS ROUTE
MITIGATION MEASURES- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JU N C ISTRANO, CALIFORNIA, URGING THE COUNTY
OF ORANGE TO CONSIDER MITIGATION MEASURES PERTAINING TO AN
ACCESS ROUTE TO PRIMA DESHECHA CANADA
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that Resolution No. 75-4-2-3 be adopted
with an amendment to identify impacts that may result from the
ultimate alignment of the route and viable mitigation measures.
The Resolution urges the County to consider extensive land-
scaping, contouring of slopes, and the inclusion of equestrian
trails in conjunction with the construction of the La Pata Road
access route to the Prima Deshecha disposal site. An independent
report is also requested by the Environmental Services Section
of the Environmental Management Agency in order to identify
impacts and other viable mitigation measures which may be applied
to the construction of the access route.
2. RESOLUTION NO. 75-4-2-4: ORTEGA HIGHWAY ACTION PROGRAM
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, URGING STATE, COUNTY, AND LOCAL ACTION
TO ACCELERATE IMPROVEMENT TO THE ORTEGA HIGHWAY
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-4-2-4
be adopted.
RESOLUTION NO. 75-4-2-5: IN POSTHUMOUS HONOR OF ROBERT C.
Mc COLLUM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
S JU N:CAPISTRANO, CALIFORNIA, PAYING TRIBUTE TO THE
OUTSTANDINi�'CONTRIBUTIONS MADE BY ROBERT C. Mc COLLUM TO THE
CITY OF SAN JUAN CAPISTRANO PRIOR TO HIS UNTIMELY DEATH
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried that Resolution No, 75-4-2-5
be adopted, Upon completion of script artwork and framing,
the Resolution will be presented to the McCollum family.
ORAL COMMUNICATIONS
WEED ABATEMENT
Mr, Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach,
addressed the Council regarding weed abatement in the City
adjacent to farmlands, The Director of Public Works will
provide Mr. Kinoshita with a copy of the proposed Nuisance
Abatement Ordinance,
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2. PARKS AND RECREATION BROCHURE
Air. Roland Olsen, 25952 Ave. Mariposa, addressed the Council
regarding the Parks and Recreation informational brochure
mailed to residents with their water bills. The City Manager
will investigate the veracity of the information in the
brochure.
CONSENT CALENDAR
It was moved by Councilman Byrnes and seconded by Councilgian
Sweeney to accept the Consent Calendar items as submitted. There
was no vote on the matter.
It was moved by Councilman Nash, seconded by Councilman Heckscher
and unanimously carried that, with the exception of the 3/25/75
Report of Planning Commission Actions, the staff recommendations
be approved with regard to the following matters:
1. UNDERGROUND IMPROVEMENT AGREEMENT, DOL 74-5 (A.O. STRAUB)
The Agreement between the City and A.O. Straub for street
improvements and the undergrounding of existing overhead
utilities in conjunction with Division of Land 74-5, is
approved and the surety bond in the sum of $12,500 accepted.
The Agreement has been approved by the City Attorney and
the Mayor is authorized to execute the agreement on behalf of
the City and the City Clerk to attest thereto. The developer
intends to meet the improvement requirements of DOL 74-5
within three years.
2. APPROVAL OF WARRANTS
The List of Demands dated April 2, 1975, Warrants Nos. 4881
through 4953, inclusive, in the total amount of $69,202.45,
is approved. Councilman Heckscher requested that Council
receive a copy of Warrant No. 4946, the appraisal of
City -owned assets.
3. CLAIM FOR DAMAGES (WILSON)
The letter claim received from James Wilson, 31345 E1 Horno,
for damages allegedly sustained to his truck by a fallen tree
limb on March 6, 1975, is denied and referred to the City's
insurance carrier, Quinlan Insurance, Inc.
4. CAMINO CAPISTRANO IMPROVEMENT DISTRICT -
ACCEPTANCE OF EASEMENT DEED UPCHURCH,ET AL.)
The Easement Deed from Delbert L. Upchurch, et al, to the City
for right-of-way for street and highway purposes, duly executed
by the grantors is accepted and the City Clerk authorized to
certify acceptance thereof. The deed completes the dedication
of right-of-way for the Camino Capistrano improvement district.
REPORT OF PLANNING COMMISSION ACTIONS
Council received copies of the Report of actions taken by the
Planning Commission at their meetings of March 18 and 25, 1975.
It was moved by Councilman Nash and seconded by Councilman
Heckscher that the action taken by the Planning Commission on
March 25, 1975, which allows the flying of the national ensign at
Captain's Hill, be rescinded. The City Attorney recommended that
any items the Council wishes to reconsider be placed on a succeeding
Council Agenda for discussion at that time. It was moved by
Councilman Nash, seconded by Councilman.Heckscher and unanimously
carried that the previous motion to rescind the Planning Commission
action be withdrawn and that the matter be placed on the Council
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Agenda of April 16, 1.975, as an appeal and the developer, holstein
Industries, so notified, Mayor Weathers suggested that procedures
be updated for Council reconsideration of Planning Commission actions,
CITY MANAGER
1. DIAL YOUR MAYOR PROGRAM
Council received copies of a memorandum dated April 2, 1975,
from the City Manager regarding the "Hot Line to the Mayor"
program. The telephone and recording equipment was authorized
in August of 1974 with the condition that the program be
reconsidered in six months. It was moved by Councilman Nash,
seconded by Councilman Sweeney and unanimously carried that the
program be continued and that the equipment be transferred to
Mayor Weather's residence. Staff is to investigate the
feasibility of purchasing the equipment. Mayor Weathers
requested that local newspapers list "Mayor Hotline" numbers
in the community activities calendars.
2. ANNEXATION POLICIES
Council received copies of a memorandum dated April 2, 1975,
from the City Manager regarding a proposed Resolution to
adopt City annexation policies, and the City Attorney read
the title of the proposed Resolution,
RESOLUTION NO. 75-4-2-6: ANNEXATION POLICY -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING CRITERIA AND ADOPTING
POLICY RELATING TO THE ANNEXATION OF TERRITORY TO THE CITY
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that Resolution No. 75-4-2-6 be
adopted. Condition No. 3 is to read "When an area is to be
served by the City of San Juan Capistrano for sewerage purposes."
DIRECTOR OF PLANNING
1. REQUEST
E
Council received copies of a report dated April 2, 1975, from
the Director of Planning regarding the request of First
Commercial Enterprise for an exemption from the deferral period
for the Junipero Serra Village project located on 29 acres at
Junipero Serra Road and Camino Capistrano.
RESOLUTION NO. 75-4-2-7: GRANTING EXEMPTION FROM DEFERRAL
PERIOD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, FINDING AND DETERMINING THAT THE
JUNIPERO SERRA VILLAGE PROJECT MERITS EXEMPTION FROM THE
PROVISIONS OF ORDINANCE NO. 265 AND NO. 278
It was moved by Councilman Byrnes, seconded by Mayor Weathers
and unanimously carried that Resolution No. 75-4-2-7 be
adopted. The Resolution grants an exemption for the purpose of
preparing an environmental impact report for the project known
as Junipero Serra Village and for the processing' of a rezone,
division of land, site plan, and other related matters for that
portion of the project contemplated for the Neighborhood
Convenience Center; processing shall include all actions up to
but exclusive of the conducting of a public hearing for the
rezoning, said public hearing to be held upon adoption of the
Land Use Management Code.
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RECESS AND REODNVENE
Council recessed at 8:30 P.M
and reconvened at 8:45 P.M.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1, SERRA PROJECT COMMITTEE NO. 3 BUDGET -
LE SE AND AIAINTENANCE OF OCEAN OUTFALL
Council received copies of a memorandum dated April 2, 1975,
from the Director of Public Works regarding the tentative
budget for the lease and maintenance of the existing ocean
outfall, SERRA Project Committee No. 3.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to approve the budget of the
SERRA Project Committee No. 3 in the total amount of $27,900
and to authorize the payment of $5,189 from the Sewer
Enterprise Fund as this City's share of the expenditure.
2. EQUESTRIAN CROSSING - ORTEGA HIGHWAY
Council received copies of a memorandum dated April 2, 1975,
from the Director of Public Works in response to Council's
request that the possibility of including an equestrain
undercrossing in the Ortega Highway widening project be
investigated.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to approve the project in
concept, including a commitment for right-of-way acquisition
and maintenance, and that staff be directed as follows:
a. To include the sum of $35,000 in the 1975-76 fiscal
budget to be paid to the State as this City's one-half
share of the project;
b. To prepare the necessary agreements for execution;
C. To negotiate further with the State in an attempt
to secure 100% State funding;
d. To negotiate with both the State and the County for
funding participation; and
e. To develop equestrian crossing warrants (number of
horses vs. number of vehicles at crossing points),
as required by the State.
BOARDS, COMMITTEES, COMMISSIONS
1. COMMUNITY CENTER COMMITTEE
Council received copies of a report dated April 2, 1975, from
the Director of Planning regarding the proposed community
center project. Council also received copies of a letter from
the Capistrano Community Affairs Council presenting a list of
questions on the presently proposed downtown site for the center
and urging that comparison studies of other sites be made.
Mrs, Marilyn Williams introduced Mr. Ted Kopp, Chairman of the
CCAC Community Center Study Committee, who addressed the
Council. Mr. Al Arps addressed the Council regarding financing
of the community center project by means of a redevelopment
agency. Copies of his report were presented to Council.
Councilman Sweeney, Chairman of the City's Community Center
Committee, advised that the questions presented this evening and
further questions raised by residents and staff members would
be considered by the Committee for inclusion in their recom-
mendations to the Council. Council thanked the CCAC members
for their comments and presentations.
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2. BICENTENNIAL COMMITTEE - FREEDOM TRAIN
Council received copies of a memorandum dated April 2, 1975,
from the City Manager regarding the possibility of the Freedom
Train scheduling a stopover in the City. The Train will be
touring the nation during 1975 and 1976 bearing national
archives and related bicentennial memorabilia in conjunction
with the celebration of the Bicentennial of the American
Revolution. Mrs. Minnie Surles, Chairman of the Bicentennial
Committee, and Mr. Jim Tyson, owner of the Capistrano Depot
Restaurant, addressed the Council in favor of inviting the
Train to schedule a stop in the City.
RESOLUTION NO. 75-4-2-8: FREEDOM TRAIN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, URGING AND INVITING THE AMERICAN
FREEDOM TRAIN FOUNDATION TO SCHEDULE A STOP IN THE CITY OF
SAN JUAN CAPISTRANO
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-4-2-8 be
adopted. Copies of the Resolution are to be sent to the
Intergovernmental Coordinating Council of Orange County to
request their support of the proposed stopover and to the
Freedom Train Foundation.
COUNCIL REMARKS
1. AGRICULTURAL STEERING COMMITTEE
It was moved by Councilman Sweeney and seconded by Councilman
Nash that approval be granted to the consultant to commence
work on the agricultural study and that the contract be placed
on the next Council Agenda for Council consideration. The
motion carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Weathers
NOES: Councilman Byrnes
ABSENT: None
2. FIESTA ASSOCIATION PARADE
Council discussed the problems encountered with the Fiesta.
Association parade scheduled for March 22nd but cancelled due
to inclement weather. The parade has been rescheduled for
Saturday, April 26th. The City Manager advised that City
staff had met with Association members and that the forth-
coming parade would be coordinated by Fiesta Assoication
personnel, City staff and representatives of the Sheriff's
Department. A Sheriff's Deputy and a staff member will be
at City Hall during the parade to facilitate telephone
communications. The City will provide barricades, portable
restrooms, tow away signs, maps, parking signs and pickup
trucks with crews to assist Association members.
3. S.E.R.R.A.
Councilman Nash commended the representative of S.E.R.R.A.
in following through on the Council request that the debris
be cleared from the front of the facility on Del Obispo Street.
Councilman Nash requested that more complete agendas be
prepared for S.E.R.R.A.
4. LAND USE MANAGEMENT CODE - GENERAL PLAN MAP
Councilman Nash requested that the General Plan map include
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the area to the southwest of the City since the boundaries
were to be extended to include the City's sphere of influence,
5. CAPISTRANO AIRPORT
Councilman Heckscher requested a progress report on the
problems confronting the Airport Committee, The City Attorney
advised that it would be forthcoming shortly.
6. ALTO CAPISTRANO TRAFFIC
Councilman Heckscher requested receipt of a final report on
the Via de Agua traffic problems. The Director of Public
Works advised that the matter will be presented to the
Traffic Committee on April 14th,
7. LEAGUE OF CALIFORNIA CITIES - ENVIRONMENTAL QUALITY COMMITTEE
Councilman Heckscher advised that he had been appointed to the
Environmental Quality Committee of the League of California
Cities and that a meeting of the Committee is scheduled for
April 11th in Oakland. Mr. Heckscher requested that a staff
member be selected to attend the meeting since he is unable
to attend.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 10:25 P.M. to the next Regular Meeting date of
Wednesday, April 16, 1975, at 7:00 P.M. in the City Council Chamber.
APPROVED:
Respectfully submitted,
4/2/75