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
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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
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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:
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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
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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.
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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.
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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.
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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,
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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
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