75-0618_CC_Minutes_Regular MeetingJUNE 18, 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 7:02 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given
by Councilman John B. Sweeney.
ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
COUNCILMEN ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services; William Murphy, Director of
Public Works/City Engineer; George Lohnes, Associate Civil
Engineer; David J. Smith, Director of Planning; James Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
It was moved by Councilman Byrnes, seconded by Councilman Nash
and unanimously carried that the Minutes of the Regular Meeting
of June 4, 1975, be approved as submitted.
MOTION TO READ BY TITLE ONL
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. AGREEMENT FOR COUNTY HEALTH SERVICES
At the request of'the City Manager, this item was held over
for consideration at the Council Meeting of July 2, 1975.
2. ALIPAZ STORM DRAIN -
GREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICT
Council received copies of a report dated June 18, 1975,
from the Director of Public Works, forwarding copies of a
cooperative agreement between the City and the Orange
County Flood Control District for the design, construction,
and funding of the Alipaz Storm Drain at a total estimated
project cost of $325,000. The County Flood Control District's
share of the project cost is approximately $200,000; the
City's share approximately $125,000 to be paid from the
Drainage Fund.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve the Agreement
with the Orange County Flood Control District for the
construction of the Alipaz Storm Drain, to authorize the
Mayor to execute the Agreement on behalf of the City, and
the City Clerk to attest thereto.
3. GENERAL ENGINEERING CONSULTANT SERVICES -
GREEMENT WITH WOODSIDE/KUBOTA & ASSOCIATES
Council received copies of a report dated June 18, 1975,
from the Director of Public Works forwarding a proposed
Agreement with Woodside/Kubota & Associates, Inc., for
genral engineering services during fiscal year 1975-76.
Puruant to the Agreement, the consultant provides
-1- 6/18/75
397
information on past projects and proceedings, performs
work in excess of the Engineering Staff's manpower
capabilities, and prepares approximately one-half of the
capital projects construction plans and specifications.
Compensation is fixed on a retainer basis of $750 per
month, requiring a maximum of 22 hours of time per month
for engineering services, plus a maximum of 6 hours per
month for meetings. Any additional service and compensa-
tion requires the authorization of the City Engineer.
It was moved by Councilman Heckscher; seconded by Councilman
Sweeney to approve the Agreement with Woodside/Kubota R
Associates for general consultant engineering services
with the effective date of August 1, 1975, to authorize
the Mayor to execute the Agreement on behalf of the City
and the City Clerk to attest thereto.
Councilman Heckscher questioned the use of the term
"maximum" rather than "minimum" in defining the retainer
schedule, and the motion carried by the following vote:
AYES: Councilmen Sweeney, Byrnes, Nash and
Mayor Weathers
NOES: Councilman Heckscher
ABSENT: None
4. RENEWAL OF LEASE OF CITY PROPERTY FOR RECYCLING FACILITY -
WORLD REPAIR, INC.
Council received copies of a report dated June 18, 1975,
from the Director of Public Works forwarding a proposed
Lease Extension Agreement between the City and Walter
Jobson of World Repair, Inc.,for the lease of a portion
of City property for use as a recycling facility for
salvageable materials. The original lease was entered
into March 26, 1973, and the proposed extension is up to
and including December 31, 1975.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the extension
of the Lease Agreement with World Repair, Inc., to authorize
the Mayor to execute the Agreement on behalf of the City
and the City Clerk to attest thereto. Mr. Jobson has
submitted his check in the sum of $1.00 for the lease fee.
5. DEL OBISPO STREET BRIDGE APPROACH -
W RD OF CONTRACT
Council received copies of a memorandum dated June 18, 1975,
from the City Engineer's Office forwarding a tabulation of
bids received on June 13, 1975, for the street widening
project on the south side of Del Obispo Street west of the
bridge to Alipaz Street. Plans and Specifications were
approved on May 7th.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to approve a contract for the
Del Obispo Bridge Approach with the low bidder, R. J.
Noble Company of Orange, California, according to the unit
prices bid, at an estimated total cost of $8,875.00, to
reject all other bids received, and to authorize the Mayor
to execute the Contract on behalf of the City.
-2- 6/18/75
6. SAN JUAN CREEK AND TRABUCO CREEK BIKE TRAILS -
r IVA110 OF CONTRI Ur
Council received copies of a memorandum dated June 18, 1975,
from the City Engineer's office forwarding a tabulation of
bids received on June 13, 1975, for the San Juan Creek and
Trabuco Creek portions of the County -wide Cooperative
Bikeway Financing Program.
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried to approve a contract
for the construction of bicycle trails with the low bidder,
Certified General Engineering Contractors, Inc., of Orange,
California, according to the unit prices bid, at an estimated
cost of $78,219.03, to reject all other bids received, and
to authorize the Mayor to execute the Contract on behalf of
the City.
7. PUBLIC WORKS VEHICLE STORAGE BUILDING -
APPROVAL OF PLANS AND PECIFIC TION
Council received copies of a report dated June 18, 1975,
from the Director of Public Works regarding the proposed
Public Works Vehicle Storage Building, as approved in
concept at the Council meeting of June 4, 1975. The
building proposed isa three -sided metal structure located
behind and parallel to the Planning Department trailer.
Councilman Nash questioned the consistency of the City
approving this type of building and noted the lack of
landscaping. He was advised that the building will be of
a similar appearance to the existing City administrative
building and that landscaping is being considered for the
Camino Capistrano side of the building.
It was moved by Councilman Sweeney, seconded by Councilman
Byrnes and unanimously carried to direct staff to advertise
for bids for the construction of a metal, shed type Public
Works Vehicle Storage Building to be located southeast of
and parallel to the Planning Department trailer.
PUBLIC HEARINGS
1. PROPOSED HOME WARRANTY PROGRAM
Councilman Sweeney presented an oral background report
on the proposed Home Warranty Program, and Council received
copies of a report dated June 18, 1975, from the Director
of Planning recommending amendments to the ordinance as
proposed.
Notice having been given as required by law, Mayor Weathers
announced that this is the time and place set for the Public
Hearing on the proposed adoption of an ordinance establishing _
a Home Warranty Program requiring sellers of new residential
dwelling units to provide home warranties to insure against
faulty workmanship and materials and major construction
defects. The following persons addressed the Council in
opposition to the proposed Home Warranty Program:
a. Manuel Perez, 800 North Main Street,
Santa Ana, Director of Governmental Affairs
for the Building Industry Association.
b. Roger Grable of the law firm of Rutan & Tucker,
401 Civic Center Drive West, Santa Ana..
c. Kit Kenyon, 600 South Greenwich, Anaheim.
d. John Stanley, 106 West Fourth Street, Santa Ana,
representing the C. Michael, Swanner and
Williams interests.
-3- 6/18/75
399
The following persons addressed the Council in favor of
the proposed Home Warranty Program:
a. Richard Wyndhamsmith, 26416 Brookfield Road.
After Council discussion, Mayor Weathers declared the
Public Hearing continued until the Council meeting of
August 6, 1975, at 7:00 P.M. in the City Council Chamber.
The City Attorney was directed to study the legal ramifica-
tions of the proposed Ordinance and particularly Section 4
dealing with the proposed warranty amount of $10,000 per
dwelling unit.
RECESS AND RECONVENE
Council recessed at 8:47 P.M. and reconvened at 9:10 P.M. after
a personnel session to discuss meet and confer negotiations.
PUBLIC HEARINGS (CONTINUED)
2. REQUEST FOR CABLE TELEVISION RATE INCREASES -
M COINIUNIC TION (CONTINUATION)
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing re -opened on the request of
TM Communications for increases in their cable television
rate schedules and inquired if anyone in the audience
wished to address the Council on this subject. The follow -
persons addressed the Council in opposition to an increase:
1. Al Mahan, President, Board of Directors, San Juan
Village Homeowners Association.
2. Richard Carter, 29665 Woodlake Court.
3. Hamilton Dutcher.
Mr. Peter Jones and Mr. Richard Young of Orange County
Cable Communications Company (TM Communications) addressed
the Council in favor of the proposed rate schedules.
There being no one else wishing to address the Council on
this subject, Mayor Weathers declared the Public Hearing
closed with the right to re -open at any time.
It was moved by Councilman Byrnes and seconded by Mayor
Weathers to grant the requested monthly service rate increase
from $6.00 to $7.00 per dwelling unit; the requested increases
in installation charges are not granted. It was moved by
Councilman Nash and seconded by Councilman Sweeney that the
motion be amended to restrict the monthly service rate
increase to $6.50 per dwelling unit. There was no vote on
the motion, and Mr. Young of TNI Communications requested that
the Public Hearing be held over to another date.
It was moved by Councilman Byrnes, seconded by Councilman
Heckscher and unanimously carried that the matter be tabled
and the Public Hearing continued to the next regular Council
meeting date of July 2, 1975, at 7:00 P.M. in the City`
Council Chamber.
3. LAND USE MANAGEMENT CGDE AND OFFICIAL ZONING MAP (CONTINUATION)
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing re -opened on the proposed adoption
of the Land Use Management Code and Official Zoning Map and
inquired if anyone in the audience wished to address the
Council. The following persons addressed the Council
-4- 6/18/75
on this subject:
1. Dale Kirstine, 30936 Paseo Mar Azul.
2. Barbara Davies, President, Town Hall Association,
29391 Edgewood Road.
3. Charles Buck, 2701 Mission Hills Drive
There being no one else wishing to address the Council,
Mayor Weathers declared the Public Hearing continued to
Wednesday, June 25, 1975, at 7:00 P.M. in the City Council
Chamber.
WRITTEN COMMUNICATIONS
1, REQUEST TO VACATE STREETS -
MISSION HILLS RANCH ASSOCIATION
Council received copies of a letter dated June 1, 1975,
from the Mission Hills Ranch Homeowners Association petition-
ing the City to abandon the streets in the Mission Hills
development due to traffic hazards. Mayor Weathers directed
that this matter be referred to the Traffic and Transportation
Committee for recommendation to the Council.
CONSENT CALENDAR
It was moved by Councilman Byrnes, seconded by Councilman Nash
and unanimously carried that the staff recommendations be
approved with regard to the following matters:
1. APPROVAL OF WARRANTS
2.
3.
4,
5
6.
The List of Demands dated June 18, 1975, Warrants Nos. 5280
through 5321, inclusive, and 1911 Act Account Warrants
Nos. 0154, 0155, and 0156, in the total amount of $95,122.59
were approved as submitted.
REPORTS OF FUND CASH BALANCES
The two reports of Fund Cash Balances prepared by the
Finance Department for the nine months ended March 31, 1975,
and for the ten months ended April 30, 1975, were received
and filed.
CITY TREASURER'S REPORT
The City Treasurer's Report of 1911 Act delinquent bonds
as of June 10,1975, was received for information.
STAFF REPORTS FOR MAY, 1975
Council received copies of the Staff Reports for the month
of May, 1975, from the Department of Administrative Services,
the -Planning Department, the Director of Public Works, and
the Engineering, Consultant Engineering, and Water Pollution
Control Facility Divisions of the Public Works Department,
for information.
REPORT OF PLANNING COMMISSION ACTIONS
The report of actions taken by the Planning Commission at
their regular meeting of June 3, 1975, was received for
information.
REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS
The report of actions taken by the Cultural heritage
Commission at their regular meetings of May 6, May 20, and
June 4, 1975, was received for information.
-5-
6/18/75
401
7. LONG PARK - ACCEPTANCE OF DEED FROM WESTPORT HOMEBUILDERS
In order to obtain a title policy on the entire area of
Long Park for the purpose of obtaining State funds, an
easement deed has been processed covering the entire portion
formerly owned by Westport Homebuilders. The Easement Deed
for Long Park, duly executed by the grantors, is accepted
and the City Clerk authorized to certify acceptance thereof.
8. RELEASE OF STREET IMPROVEMENT BONDS, TRACT 6244 (LEADERSHIP)
The street improvements in Tract 6244 are accepted and the
release of the street improvement bond authorized.
9. PROCLAMATION - MARCH OF DIMES
The period July 4 - August 31, 1975, is proclaimed March of.
Dimes Healthy Baby Summer in the City.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REPORT ON CAPISTRANO AIRPORT, LUP 70-103
Council received copies of a report dated June 18, 1975,
from the City Manager regarding the Capistrano Airport
facility and citing the central issue of whether or not
the City wishes to provide a public airstrip runway, side
issues and background information. Council discussion
followed of the City's current ownership status of the
runway, and there was consensus of the Council that an
airport facility in the City is desirable.
It was moved by Councilman Heckscher to discontinue the
airport operation and City involvement in the operation
unless a new contract providing for payment of fees to the
City for the continued operation can be negotiated within
the next 90 days;.such contract to include a guarantee that
the operation will be continued for not less than 3 years from
the date that the contract is negotiated with an additional
extension of 2 years at the option of the City. The motion
failed for lack of a second.
It was moved by Councilman Nash and seconded by Councilman
Heckscher that the agreement'with the operators of the
airport be abandoned immediately. The motion failed by the
following vote:
AYES: Councilman Nash
NOES: Councilmen Sweeney, Byrnes, Heckscher and
Mayor Weathers
ABSENT: None
Councilman Heckscher read a letter for the record dated
February 18, 1975, from City Treasurer Charles Neal regarding
his position on City ownership of the airport runway.
Mr. Ed Chermak addressed the Council from the audience
regarding the amount of personal property taxes received
by the City and County on aircraft tied down at the airport.
It was moved by Councilman Heckscher and seconded by
Councilman Byrnes to discontinue the airport operation
unless a new contract providing for the payment of fees for
the use of the airstrip can be negotiated within the next
90 days, such contract to include a guaranty that the
-6- - 6/18/75
'402
operation will be continued for a set period of time; and,
if no contract can be negotiated within the next 90 days,
the support provided by this City fer the airport operation
is discontinued. At the request of the City Manager,
Councilman Heckscher amended the motion to delete the last
portion of the motion, as follows: and, if no contract
can be negotiated . operation is discontinued." The
seconder of the motion concurred with the amendment. There
was no vote on the above motion.
It was moved by Councilman Sweeney and seconded by Mayor
Weathers that this matter be tabled for consideration at
the next regular Council meeting of July 2, 1975, pending
receipt of more information and further staff study. The
motion carried by the following vote:
AYES: Councilmen Sweeney, Byrnes, Nash and Mayor
Weathers
NOES: Councilman Heckscher
ABSENT: None
Mayor Weathers requested that the City Attorney provide his
interpretation of whether or not the City has the option to
maintain the runway forever as long as the City maintains
it as an airstrip.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. PARTICIPATION IN ORANGE COUNTY HOUSING Al
Council received copies of a report dated June 18, 1975,
from the Director of Administrative Services regarding the
recommendation of the League of Women Voters that the City
join the Orange County Housing Authority rental program.
The Housing Assistance Payment Program is the fundamental
Federal strategy for providing housing subsidies to lower
income families and is authorized by Section 8 of Title II
of the Housing and Community Development Act of 1974.
Copies of a proposed agreement between the City and County
were provided. The following persons addressed the Council:
a. Mr. Jack Gomez of the Orange County Housing
Authority.
b. Wilma Bloom, President of the League of Women
Voters, who stated that the League would like
to see citizen participation on the Authority's
advisory committee.
RESOLUTION NO. 75-6-18-1: ORANGE COUNTY HOUSING AUTHORITY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO$ CALIFORNIA, AUTHORIZING PARTICIPATION IN
ORANGE COUNTY HOUSING AUTHORITY
It was moved by Councilman Heckscher and seconded by
Councilman Sweeney that Resolution No. 75-6-18-1 be adopted.
The fourth paragraph of Page 1 of the Agreement is amended
to read "Whereas, there is a shortage of dwelling accommoda-
tions in such City available to persons of low income at
rentals they can afford." The motion carried by the
following vote:
-7- 6/18/75
AYES: Councilmen Sweeney, Heckscher and Mayor Weathers
NOES: Councilmen Byrnes and Nash
ABSENT: None
ADJOURNMENT
Council recessed to Executive Session at 11:10 P.M., and pursuant
to Council Resolution No. 75-3-5-6 Mayor Weathers directed that
all further agenda matters be continued for consideration at the
next meeting date of Wednesday, June 25, 1975, at 7:00 P.M. in
the City Council Chamber.
Respectfully submitted,
APPROVED:
JAME6
K.
NVENrHERS
, YO
By. J hn
B.
Sweeney,
Mayor pro tem
-8- 6/18/75