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75-0416_CC_Minutes_Regular Meeting351 APRIL 16, 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 Weathers at 7:03 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Councilman John Sweeney. ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor John B. Sweeney, Mayor pro tem Councilman Yvon 0. Heckscher Councilman Douglas B. Nash COUNCILMEN ABSENT: Councilman Roy L. Byrnes STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Administrative Services; William Murphy, Public Works Director/City Engineer; Larry Lawrence, Assistant Planner; James Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Regular Meeting of April 2, 1975, be approved with the following addition to the last sentence on Page 5: Insert the words "but exclusive of" between It . . all actions up to" and "the conducting of ." MOTION TO READ BY TITLE ONLY 4 It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that all ordinances and resolutions be read by title only. BIDS, CONTRACTS, AGREEMENTS 1. WEED ABATEMENT - SPECIFICATIONS AND CALL.FOR BIDS Council received copies of a memorandum dated April 16, 1975, from the Director of Public Works forwarding the proposed Specifications for Weed Cleaning in the City. Councilman Nash requested that the following amendments be made to the Specifica- tions: (1) That the title of the list of properties to be abated be included in the Specifications; and (2) In subparagraph 2 of the paragraph entitled "Cleaning of Property" the words "debris, trash or" be inserted between ". . . any appreciable" and "growth remains. . ." It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve the Specifications for weed abatement services and to authorize the City Manager to accept bids for said services. 2. AGREEMENT FOR EVALUATION OF AGRICULTURAL USE Council received copies of a memorandum dated April 16, 1975, from the Director of Planning forwarding copies of a proposed Agreement between the City and the consultant firm of Levander, Partridge & Anderson, Inc., for a study to evaluate the means to perpetuate an agricultural use on specific lands within the City. Council requested various amendments to the Agreement, including the addition of a paragraph addressing the effects of urbanization on agriculture; the alloting of funds to be by the City Council rather than the Steering Committee; that the first sentence of the Action Program read that the City may identify one or more alternative programs for the perpetuation of agriculture in either the primary or secondary areas on specific parcels; and, that the emphasis of the Agreement be -1- 4/16/75 that the City Council will be the approving body rather than the Steering Committee. It was moved by Councilman Sweeney,.seconded by Councilman Heckscher and unanimously carried to approve the Agreement and to authorize the Mayor to execute same on behalf of the City, subject to the incorporation of the changes requested by Council and approval by the City Attorney. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried to direct staff to prepare letters for the Mayor's signature requesting assistance in the cost of the project from the State of California and the Orange County Board of Supervisors. The matter of requesting the Orange County Farm Bureau to act as an advisory member of the Steering Committee will be considered at the next regular _ Council meeting of May 7, 1975, 3. ORTEGA HIGHWAY SIDEWALK Council received copies of a memorandum from the Public Works Director and a tabulation of the bids received on April 11, 1975, for the reconstruction of the sidewalk on the south side of the Ortega Highway from Camino Capistrano to El Camino Real. The low bid received was from D. W. Contracting Co, in the amount of $12,998.00. Approximately $3,360.00 of that sum is for the cost of stamping and coloring the sidewalk. Councilman Heckscher questioned the added expenditure. Mr. Roland Olsen addressed the Council in opposition to the stamped and colored sidewalk. It was moved by Councilman Sweeney and seconded by Councilman Nash to accept the low bid from D. W. Contracting Co. There was no vote on the motion. It was moved by Councilman Sweeney and seconded by Councilman Nash that the matter be tabled pending receipt of more information from the Public Works Director; the matter is to be reconsidered at the next regular meeting of May 7, 1975. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash and Mayor Weathers NOES: Councilman Heckscher ABSENT: Councilman Byrnes 4. TRAFFIC SIGNAL AT DEL OBISPO STREET/CAMINO DEL AVION - PLANS, SPECIFICATIONS AND C LI, FOR BIDS Council received copies of a memorandum dated April 16, 1975, from the Director of Public Works regarding the proposed installation of a permanent traffic signal at the intersection of Del Obsipo Street and Camino del Avion to replace the temporary span wire signal installed in August of 1974. The item is included in the 1974-75 Capital Projects budget, Gas Tax Fund 2106,at an estimated cost of $35,000. Mayor Weathers stated he would prefer that the project be done in conjunction with proposed street improvements at the location; Councilman Nash expressed concern over the possible removal of the eucalyptus tree at the southeast corner of Del Obispo Street if the entire intersection were improved. It was moved by Councilman Sweeney and seconded by Councilman Nash to approve the plans and specifications for the installs= tion of a permanent traffic signal at Del Obispo Street and Camino del Avion and to authorize a call for bids. The bid opening has been scheduled for May 12, 1975. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash and Mayor Weathers NOES: Councilman Heckscher ABSENT: Councilman Byrnes -2- 4/18/75 353 5. CATHODIC PROTECTION POWER SUPPLY - AGREEMENT WITH CORNTY W TEE XS DISTRICT Council received copies of a memorandum dated April 16, 1975, from the Director of Public Works forwarding a proposed Agreement with Orange County Waterworks District No. 4 which provides for the payment by the Water District to the City for electrical power service. The Agreement will obviate the necessity of the District installing a separate electrical service for cathodic protection equipment. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to approve the Agreement with Orange County Waterworks District No. 4, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. 6. LONG PARK DEVELOPMENT - REVENUE SHARING AGREEMENT WITH ORANGE COUNTY Council received copies of a memorandum dated April 8, 1975, from the Director of Administrative Services forwarding a proposed Agreement providing for the expenditure of County Revenue Sharing Funds in the amount of $50,000 for the development of Long Park pursuant to the State and Local Fiscal Assistance Act of 1972. The State will provide the sum of $50,000, and the City will provide the sum of $50,000 from Park and Recreation fees for a total project amount of $150,000. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to approve the Agreement for Long Park funding, to authorize the Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. ORDINANCES 1, SOLICITATION ORDINANCE Council received copies of a memorandum dated April 16, 1975, from the City Manager forwarding a proposed ordinance for Council consideration. The ordinance provides for an administra- tive process for the issuance of permits for door-to-door solicitation. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to direct staff to prepare an ordinance prohibiting door-to-door solicitation for Council consideration at a future date. The proposed ordinance is to define the word "solicitation" specifically; provisions for exemptions are also to be addressed. 2. FARM LABOR CAMP PERMIT FEES (INTRODUCTION) Council received copies of a memorandum dated April 16, 1975, from the City Manager forwarding a proposed ordinance from the Orange County Health Department which provides for a schedule of fees for persons applying for an annual permit to operate a farm labor camp, pursuant to State Labor Code Section 2640. It was the consensus of the Council that Section 3 of the proposed ordinance be amended to provide for payment of the permit fees to the Orange County Health Department rather than to the Health Officer. Mayor Weathers read the title of the Ordinance next in order as follows: -3- 4/16/75 354 ESTABLISIIING FARM LABOR CAMP PERMIT FEES - AN ORDIIvNFi CE O'er TIE IT TUT4 Cr 73TRANO, CALIFORNIA, ESTABLISHING FARM LABOR CAMP PERMIT FEES Further reading of all ordinances was waived previously in the meeting. It was moved by Councilman Nash and seconded by Councilman Sweeney that the Ordinance be introduced, as amended. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Weathers NOES: None ABSENT: Councilman Byrnes 3. WEED AND REFUSE ABATEMENT (ADOPTION) Council received copies of a memorandum dated April 16, 1975, from the Director of Public Works forwarding copies of a proposed urgency ordinance for the abatement of weeds and refuse. The ordinance authorizes the City Manager or his designee to act as Hearing Officer and institutes a continual abatement program. Council directed that a list of guidelines for weed abatement be prepared and that provision be included for the processing of complaints from citizens. Mayor Weathers read the title of the Ordinance next in order, as follows: ORDINANCE NO. 287: WEED AND REFUSE ABATEMENT - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE ABATEMENT OF WEEDS AND REFUSE (URGENCY) Further reading of all ordinances was waived previously in the meeting. It was moved by Councilman Heckscher and seconded by Councilman Nash that Ordinance No. 287 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Weathers NOES: None ABSENT: Councilman Byrnes ORAL COMMUNICATIONS 1. Mr. Ed Chermak, President of the Capistrano Community Affairs Council, addressed the Council on the following subjects: (1) The list of questions submitted by the CCAC regarding the proposed civic center project; (2) The proposed installa- tion of colored sidewalks in the downtown area; and, (3) The possible re-engineering of the Del Obispo/Del Avion intersection. RECESS AND RECONVENE Council recessed at 8:30 P.M. and reconvened at 8:45 P.M. CONSENT CALENDAR It was moved by Councilman Nash, seconded by Councilman Sweeney and unani.mDusly carried that, with the exception of the Planning Depart- ment Staff Report for March, 1975, the staff recommendations be approved with regard to the following matters: 1. STAFF REPORTS FOR MARCH, 1975 Council received copies of the Staff Reports for the Month of March, 1975, from the Director of Administrative Services, the Director of Public Works, and the Engineering, Consultant Im 4/16/75 355 Engineering, and Water Pollution Control Facility Divisions of the Public Works Department, for information. 2. REPORT OF PLANNING COMMISSION ACTIONS The report of actions taken by the Planning Commission at their regular meeting of April 1, 1975, was received for information. 3. APPROVAL OF WARRANTS The List of Demands dated April 16, 1975, Warrants Nos. 4954 through 5047, inclusive, in the total amount of $211,692.85, is approved. 4. REQUEST OF VFW TO SELL BUDDY POPPIES AND PROCLAMATION The request of VFW Serra Post No. 3801 for permission to sell Buddy Poppies in the City on May 17 and 18, 1975, is approved and the Mayor is authorized to sign the Proclamation therefor. 5. TREASURER'S REPORT OF 1911 ACT DELINQUENCIES The City Treasurer's Report of 1911 Act Delinquencies as of April 2, 1975, was received for information. 6. CULTURAL HERITAGE COMMISSION ACTIONS The report of actions taken by the Cultural Heritage Commission at their regular meetings of March 13 and April 1, 1975, was received for information. The regular meetings are scheduled for the first Tuesday of every month at 7:00 P.M. in the , City Manager's office. PLANNING DEPARTMENT REPORT FOR MARCH, 1975 Council considered the Planning Department Staff Report for the Month of March, 1975, from the Director of Planning. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to authorize the City Manager to expend a sum not to exceed $75.00 for a news release based on the building and planning activity information contained in the Report, but excluding the graph attached to the Report. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that the Planning Department Report for March, 1975, be accepted and filed. ADMINISTRATIVE ITEMS CITY MANAGER 1. SAN JUAN CAPISTRANO HISTORICAL SOCIETY - REQUEST FOR APPOINTMENT TO THE MUSEUM ADVISORY COMMITTEE Council received copies of a letter dated April 10, 1975, from Les Remmers, Chairman of the San Juan Historical Museum Committee, requesting that the City Council make an appoint- ment to the Advisory Committee in the formulation of plans for the future museum. Mayor Weathers appointed Councilman Roy L. Byrnes to serve as the Council representative on the Committee. 2. PERSONNEL - SALARY INCREASE (TCTING PL NNING DEP RTMENT SECRETARY) It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to authorize a temporary increase in compensation to Step I of the Secretary II category for Planning Department Clerk Typist Carole Hendershot, effective March 28, 1975. tubs. Hendershot has been filling the Secretary II position in an acting capacity. -5- 4/16/75 356 DIRECTOR OF ADMINISTRATIVE SERVICES 1. 1976 COUNTY -WIDE CENSUS Council received copies of a memorandum dated April 16, 1975, from the Director of Administrative Services forwarding proposed questions to be included in the 1976 County -wide census, as required by the County of Orange. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried to concur with the questions submitted to the County by City staff. DIRECTOR OF PLANNING 1. GENERAL PLAN - SALE PRICE Council received copies of a report dated April 16, 1975, from the Director of Planning regarding the printing cost of the General Plan document and the proposed program for distribution of copies. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to adopt the following program for distribution of the General Plan document: (a) Complimentary copies for City Council, Planning Commission, staff, public agencies affected by actions of the City, display purposes, current members of City Commissions, Boards, and Committees, and appointed City representatives. J (b) Complimentary copies will be available to members of the Policy Plan Committees, said copies to be held for a period of one month and must be picked up at City Hall by the Policy Plan Committee member. (c) Provide a one-month period during which the document will be sold for $5.00. After that time, the charge will be $10.00 per copy. PLANNING COMMISSION 1. APPEAL OF COMMISSION ACTION RE NATIONAL ENSIGN AT CAPTAIN'S HILL - TRACT 8460 HOLSTEIN This item was placed on the Agenda by Council action at their meeting of April 2, 1975. The City Council is appealing the March 18, 1975, action of the Planning Commission in approving the installation of a 25 foot aluminum flag pole with a 4 foot by 6 foot national flag at the entrance to Tract 8460, Captain's Hill, adjacent to the on-site subdivision sign. Councilman Nash questioned the propriety of flying the American flag in conjunction with advertising a commercial enterprise. It was moved by Councilman Nash and seconded by Councilman Sweeney to rescind the action of the Planning Commission in approving the use of the national ensign at this location. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash and Heckscher NOES: Mayor Weathers ABSENT: Councilman Byrnes Council directed that the language in the sign ordinance should be precise regarding the use of the national ensign. -6- 4/16/75 357 2. APPEAL OF COMMISSION ACTION RE PROPOSED FLAG PROGRAM AT t IN S HILL - TRACT 8-160 (HOLSTEIN) Council received copies of a letter dated April 1, 1975, from Jim Dooley of Holstein Industries appealing the action taken by the Planning Commission on March 25, 1975, in denying the request of Holstein Industries for permission to fly six historical flags at the entrance to Tract 8460, Captain's Hill. Mr. Dooley appeared before the Council. It was moved by Councilman Nash, seconded by Councilman Heckscher and unanimously carried that the appeal of Holstein Industries be denied. 3. JOINT PLANNING COMMISSION/CITY COUNCIL MEETING RE LAND USE M GEMENT CODE It was moved by Councilman Nash and seconded by Councilman Sweeney that Wednesday, April 30, 1975, at 7:00 P.M. in the City Council Chamber be set as the date for a joint meeting with the Planning Commission for the purpose of discussing the proposed Land Use Management Code. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash and Mayor Weathers NOES: Councilman Heckscher ABSENT: Councilman Byrnes PARKS AND RECREATION COMMISSION 1. ALTO CAPISTRANO SITE SURVEY REPORT I Council received copies of a memorandum dated April 16, 1975, from the Director of Public Works forwarding a Recreation Facilities Study, as reviewed by the Parks and Recreation Commission at their meeting of April 7, 1975. The Commission recommends the acquisition of three acres of level parkland in the vicinity of Via de Agua and Camino Las Ramblas as a park site. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to support the recommendation of the Parks and Recreation Commission for the acquisition and construction of a parksite in the vicinity of Via de Agua and Camino Las Ramblas and to direct staff to prepare a report on the various means of acquisition and financing of this parksite. Mayor Weathers directed that the Commission also consider a possible parksite at the present terminus of Camino Las Ramblas. COUNCIL REMARKS 1. BUDGETS - LIST OF PRIORITIES Councilman Sweeney suggested that a list of proposed City projects which would incur major expenditures be made up, with the projects listed on a priority basis. 2. HOMESITE FOOD PRODUCTION - PROPERTY TAX CREDIT Councilman Sweeney suggested that a feasibility report be implemented to consider providing a tax credit to those home owners who utilize a portion of their residential property for food production. -7- 4/16/75 al L01 i n4b DWAIJ 4. SCIIOOL DISTRICT - SUGGESTED COMMENDATION (IIAROLD J. AMBUEIIL) It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that the City formally suggest to the Capistrano Unified School District that the name of Mr. Harold J. Ambuehl, former long-time .Principal of San Juan School, be considered in any future school dedication in recognition of his many years of service to the community. In lieu of the above, it is suggested that the City take action to honor Mr. Ambuehl. NATIONAL FLOOD INSURANCE PROGRAM Councilman Nash inquired into the status of the City's application to participate in the National Flood Insurance Program. The Director of Public Works advised that the matter will be placed on the Council Agenda in order to meet the Program deadline date of July 1, 1975. 5. LITTER CLEANUP Councilman Nash suggested that Mr. Wong in recognition of his of his recently acquired fruit City. 6. LAND USE MAP congratulations be extended to efforts in cleaning up the area stand at the north end of the Councilman Nash requested receipt of a list of any changes that have been made to the General Plan land use map by the Planning Department. Mayor Weathers requested that all members of the Council receive a copy of the list. 7. PROPOSED FIVE-YEAR BUDGET Councilman Heckscher inquired into the status of the proposed five-year budget and suggested that the addition of the list of priorities suggested by Councilman Sweeney would be appropriate. The Director of Administrative Services advised that the proposed five-year budget will address operating expenses and that capital projects will be treated subsequently. 8. VIA DE AGUA TRAFFIC Councilman Heckscher inquired into the status of the traffic problem on Via de Agua in the Alto Capistrano area. Mayor Weathers advised that the matter is under study by the Traffic and Transportation Committee and that public hearings will be scheduled at both the Committee and Council levels. 9. CAPISTRANO AIRPORT In response to Councilman Heckscher's inquiry, the City Manager advised that a title report has been requested with regard to the Capistrano Airport property and that it would be suitable for the City to obtain property ownership information. Annual funds in the amount of $5,000 are available to assist Cities in making repairs and improvements to airports since the facilities are utilized by non-residents. A preliminary report will be forthcoming for the Council meeting of May 7, 1975. ADJOUFNMENT There being no further business before the Council, the meeting was adjourned at 10:06 P.M. to the next meeting date of Wednesday, -8- 4/16/75 359 April 30, 1975, at 7:00 P.M. in the City Council Chamber for the purpose of meeting with the members of the Planning Commission for discussion of the proposed Land Use Management Code. Respectfully submitted, APPROVED: I -9- 4/16/75