75-0721_CC_Minutes_Regular Meetingr
422
JULY 16, 1975
REGULAR MEETING OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council was called to order by
Mayor Weathers at 7:15 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by
Mr. Gerald O. Blanton 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 Douglas B. Nash
COUNCILMEN ABSENT: Councilman Yvon 0. Heckscher
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; George Lohnes, Associate
Civil Engineer; David J. Smith, Director of Planning; John
O'Sullivan, Director of Administrative Services; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of June 25, 1975, be approved as submitted.
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that the Minutes of the Regular Meeting of
July 2, 1975, be approved as submitted.
It was moved by Councilman Sweeney, seconded by Councilman Byrnes
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of July 9, 1975, be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman Byrnes
and unanimously carried that all resolutions and ordinances be
read by title only.
PUBLIC HEARINGS
1. REQUEST FOR CABLE TV RATE INCREASE -
TM COMMUNICATIONS CONTINUATION
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing on the request of TM Communications
re -opened and inquired if anyone in the audience wished.to
address the Council. Air. Richard Young, of Orange County
Cable Communications Company appeared and introduced lir.
Ernest W. Watson, consultant in public utility revenue
requirements. Mr. Watson, of 535 Ocean Avenue, Santa Monica,
addressed the Council on behalf of the Company and in support
of their proposed increased rate schedules. Mr. Harold
Glasser, 27092-A Paseo Burladero, addressed the Council and
questioned the need for a rate increase due t.> the increases
in the number of subscribers served by the Company. Mr.
Glasser was advised that the company has a total of 468
subscribers in the City located in the Sun Hollow develop-
ment and that they expect to service the E1 Nido Mobile
Estates and the Meredith Tract when they are completed.
The franchise agreement between the City and TM Communications
was entered into in December, 1963, for a 25 -year period of
time.
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There being no one else wishing to address the Council,
Mayor Weathers declared the Public Hearing closed.
It was moved by Councilman Byrnes, seconded by Mayor
Weathers and unanimously carried to approve the following
amended rate schedule of TM Communications Company:
Installation Charges
iugie Unit - First Outlet
Residential - Additional Outlet
Commercial
Move Outlet (relocation - same
residence)
Reconnects
Disconnects
Service Call/Repair
$20.00
7.50
Time & Materials
10.00
10.'00
No charge
No charge
Monthly Service Charges
Single Dwelling Unit - First Outlet $ 6.75
Additional Outlets 2.00
Converter (over 12 channels) 2.00
Commercial Accounts (multiple
dwellings, apartments, mobile home
parks, condominiums)
First Outlet Each Living Unit $ 5.25
Additional Outlets 1.60
Hotel - Motel, One Outlet Per Unit 3.00
2. WEED ABATEMENT CHARGES
Mayor Weathers advised that the Public Hearing on Weed
Abatement Charges has been rescheduled for the Council
meeting of Wednesday, July 23, 1975. There was no one in
the audience wishing to express their views at this time.
3. PROPOSED AMENDMENT TO PERSONNEL RULES & REGULATIONS -
SET HEARING DATE
Mayor Weathers set Wednesday, August 6, 1975, at 7:00 P.M.
in the City Council Chamber as the hearing date on proposed
amendments to the City's Personnel Rules & Regulations.
RESOLUTIONS
1. INTERIM BUDGET FOR FISCAL YEAR 1975-76
Council received copies of a report dated July 16, 1975,
from the Director of Administrative Services forwarding a
Summary of Estimated General Fund Expenditures by Function &
Activity for fiscal year 1975-76 and also forwarding a
proposed Resolution whereby an Interim Budget may be adopted
to allow the City to continue operations until Public Hearings
are conducted and the formal 1975-76 City Budget is adopted.
RESOLUTION NO. 75-7-16-1: INTERIM BUDGET
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING AN INTERIM BUDGET FOR
FISCAL YEAR 1975-76 was read by title by the City Attorney.
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-7-16-1
be adopted.
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24-
=2. PROPOSED STREET VACATION - PORTION OIC' DEL OBISPO STREET
Council received copies; of a report dated July 1.6, 1975,
from the Director of Public Works forwarding a proposed
Resolution Declaring Intention to Vacate Portion of Del
Obispo Street. The area in question consists of approxi-
mately 0.42 acres of land east of the existing Del Obispo
Street between Paseo de la Paz and Calle Aspero. The strip
of land was created by the realignment of Del Obispo Street,
and Mr. Harry Falklam has requested that the land be
returned to him. Councilman Nash suggested that Council
consider this property for possible use as a bike trail
rest stop, since it is located approximately half way
between Dana Point and downtown San Juan Capistrano and is
currently used by cyclists for this purpose.
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried that the matter be referred
to Staff and that study be given to the use of the property
as a bicycle rest stop. Discussion of this proposed use
is to be held with the members of the Parks and Recreation
Commission.
ORAL C0MMUNICATI0NS
1. INTERIM BUDGET
Marilyn Williams, 29931 Camino Capistrano, addressed the
Council regarding building permit revenue as set forth in
the 1975-76 Interim Budget adopted by Resolution No. 75-7-16-1.
2. IiISTORICAL PRESERVATION - LOS RIOS AREA
Mr. James Trullis addressed the Council in favor of a
commercial use for the Hirsch property in the Los Rios Area.
The item is discussed later on the agenda under Director of
Planning matters.
CONSENT CALENDAR
Councilman Nash commented regarding City travel expenses; zone
variance 75-8 -the E1 Adobe roof sign; and the Annual Report of
the Planning Commission.
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that the staff recommendations be
approved with regard to the following matters:
1. ADDITIONAL WARRANTS OF JULY 2. 1975
The additional warrants dated June 30, 1975, Nos. 5322
through 5328, inclusive, and 1911 Act Account Warrant No.
0157 in the total amount of $46,501.35, were approved as
submitted.
2. APPROVAL OF WARRANTS OF JULY 16. 1975
The List of Demands dated July 16, 1975, Warrant Nos. 5418
through 5480, inclusive, and 1911 Act Account Warrant No.
0159, in the total amount of $361,136.64, were approved as
submitted.
3. REPORT OF PLANNING COMMISSION ACTIONS FOR JULY 1 1975
The report of
their regular
information.
actions taken by the Planning Commission at
meeting of July 1, 1975, was received for
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7/16/75
4. CITY TREASURER'S REPORT
The City Treasurer's Report of 1911 Act Delinquent Bonds
as of July 7, 1975, was received for information.
5. STAFF REPORTS FOR JUNE, 1975
425
The Staff Reports for the month of June, 1975, from the
Department of Administrative Services, the Planning Depart-
ment, the Director of Public Works, and the Engineering,
Consultant Engineering, and water Pollution Control Facility
Divisions of the Public Works Department, were received for
information.
6. PLANNING COMMISSION ANNUAL REPORT
Council received copies of the Annual Report of the Planning
Commission for fiscal year 1974-75 for information.
7. CITY TREASURER'S REPORT OF FUND CASH BALANCES
The City Treasurer's Summary Statement of Fund Cash Balances
for the eleven months ended May 31, 1975, was received for
information.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. AIRPORT REPORT
Mayor Weathers directed that this matter be held over until
Councilman Heckscher is available. He requested that Council
receive copies of the motion made by Nr. Heckscher at the
meeting of June 18, 1975, with regard to the Capistrano
Airport.
DIRECTOR OF PLANNING
1. HISTORICAL PRESERVATION - REOUES
Council received copies of a report dated July 16, 1975,
from the Director of Planning forwarding a letter from
Claudia Hirsch, owner of the property at 31661 Los Rios
Street. She addressed the Council regarding her request for
approval of a commercial use for the property. She has
also requested permission to build a trellis over the
existing grape arbor on the property.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that authority be granted
to the applicant to obtain a building permit for the trellis
work construction contemplated by the owner and that her
letter be referred to the Cultural Heritage Commission for
a recommendation regarding the establishment of a commercial
use and that the required improvements, both on-site and
off-site, be referred to the Planning Commission. There is
no indication by this Council action to either approve or
deny the requested use. The matter is scheduled to be heard
by the Cultural Heritage Commission and the Planning Commission
at their meetings of August 19, 1975, and is scheduled to be
re -heard by the City Council at their meeting .of September 3,
1975.
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26IRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. DRAINAGE FEES - REQUEST FOR EXEMPTION (EL NIDO MOBILE ESTATES)
Council received copies of a report dated July 16, 1975,
from the Director of Public Works regarding the request
of the developers of the E1 Nido Mobile Estates for an
exemption from the .requirement of paying drainage fees in
conjunction with the mobilehome park on the Ortega Highway.
After clarification by the Director of Public Works, it was
moved by Councilman Sweeney, seconded by Councilman Byrnes
and unanimously carried to require the payment of drainage
fees for E1 Nido Mobile Estates with the provision that
credit be given for Master Plan of Drainage facilities
installed in the project at the discretion of the City
Engineer, upon the receipt of substantiating invoices.
2. UNDERGROUND UTILITIES - REQUEST FOR WAIVER, TENTATIVE TRACT
7�0- /nVT r wren O� ATAfTr Tr n n rt.T L`C TAi0
3.
Council received copies of a report dated July 16, 1975,
from the Director of Public Works regarding the request of
Zellner Communities, Inc., for a waiver of the requirement
for undergrounding of utilities along Trabuco Road in
conjunction with their development of Tentative Tract 7387.
Planning Commission Resolution No. 72-5-16-1 imposed the
following condition No. 11: "That all electrical or tele-
phone facilities within existing boundaries of the tract,
and right-of-way of any public street adjacent to the tract,
shall be placed underground; it shall be the responsibility
of the developer to bear all expenses to meet this require-
ment. TV cable service shall be installed prior to pavement
of streets, and all portions of same including on-site lines
shall be underground."
James Cohn and Robert McKinley addressed the Council on
behalf of the developer.
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried to deny the request for
waiver of undergrounding utilities on Trabuco Road and to
require undergrounding consistent with Planning Commission
Resolution No. 72-5-16-1.
Council received copies of a memorandum dated July 16, 1975,
from the Director of Public Works regarding a proposed
policy providing for the sweeping of private streets by City
services, at City cost, as requested by the Board of Governors
of San Juan Hills. Harold Glasser, 27092-A Paseo Burladero,
addressed the Council in favor of the proposal.
It was moved by Councilman Sweeney and seconded by Councilman
Nash to adopt a policy providing for contract services to
homeowner associations for street sweeping operations at
actual costs and to authorize the City Manager to negotiate
a formal agreement with the Board of Governors of San Juan
hills. There was no vote on the motion.
Mayor Weathers questioned the possibility of setting a
precedent in providing this service on private streets and
noted that the City would be competing with private enter-
prise. Councilman Sweeney suggested that the policy be
adopted for a 6 -mouth period of time.
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It was moved by Councilman Nash and seconded by Councilman 4 2
Sweeney that-, the matter be tabled. The motion carried by L
Lhe following vote:
AYES: Councilmen Byrnes, Nash and Mayor Weathers
NOES: Councilman Sweeney
ABSENT: Councilman Heckscher
Staff is directed to supply Council with operating figures
per mile for operating the City streei; sweeper and to
investigate the potential for private enterprise to perform
tine work.
RECESS AND RECONVENE
Council recessed for a coffee break at 9:35 P.M. and reconvened
at 9:50 P.M.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. CITY SUPPORT OF COMMUNITY GROUPS - PROPOSED FORMAT
Council received copies of a report dated July 16, 1975,
frcuu the Director of Administrative Services forwarding a
suggested format to be completed by all community groups
requesting the City's financial support for the 1975-76
fiscal year.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to adopt the format and to
direct Staff to publicize the fact that Council will be
considering requests for financial support from community
groups during 1975-76 budget discussions. Council noted
that any organizations requesting support may add additional
information to the forms supplied by the City.
BOARDS, COMMITTEES, COMMISSIONS
1. TRAFFIC AND TRANSPORTATION COMMITTEE -
TRAFF'IC SAFETY CONDITIONS ON ORTEGA HIGHWAY
Council received copies of a report dated July 16, 1975,
from the Director of Public Works regarding the number of
traffic accidents which occur at the approaches to the
curves on the Ortega Highway.
It was moved by Councilman Sweeney and seconded by Council-
man Nash to direct Staff to urgently request Caltrans to
install flashing beacons, as recommended by the Traffic &
Transportation Committee. Mayor Weathers clarified that it
was the intent of the Committee that the City install
barrier type beacons with battery operated flashers, rather
than making the request of Caltrans, and Councilman Sweeney
withdrew the motion with the concurrence of the second.
Cecilia Herman, member of the Traffic & Transportation
Committee addressed the Council and further clarified the
matter.
It was moved by Councilman Byrnes, seconded by Mayor Weathers
and unanimously carried to authorize the installation of
curve signs with mounted flashing beacon warning lights at
the approaches to the curves located on the Orte.-a Highway
0.3, 0.7 and 1.1 miles east of Interstate 5, on an urgent
and immediate basis.
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2 8 2. AGRICULTURAL STEERING COMMITTEE -
SCOPE 01' PHASE II - AGRICULTURAL STUDY
Council received copies of a report dated July 16, 1975,
from the Director of Planning regarding the scope: of work
for Phase I1 of the Agricultural Study and recommending
that the Council take no action on this matter, thereby
concurring with the direction the consultant receives
from the Steering Committee.
Mayor Weathers directed that the report be received and
filed. Councilman Nash's comments regarding agricultural
preservation by land purchase vs, zoning, land value justi-
fication, and the conversion from orchards to row crops are
to be taken into consideration by the consultant along
with input from other Council members.
3. SOUTHEAST.ORANGE COUNTY STEERING COMMITTEE
Councilman Nash advised that the Committee had completed its
assignment and has disbanded.
LAND USE MANAGEMENT CODE - CONTINUATION OF PUBLIC HEARING
Notice having been given as required by law, Mayor Weathers
re -opened the Public Hearing on the proposed Land Use Management
Code and inquired if anyone in the audience wished to address
the Council. There being no one wishing to address the Council,
Mayor Weathers declared the Public Hearing closed with the right
to re -open at any time and ordered the Public Hearing continued
to the meeting date of Wednesday, July 23, 1975, at 7:00 P.M.
in the City Council Chamber. It was also noted that an adjourned
Council meeting would be held on Monday, July 21, 1975, at 6:00
P.M. in the Council Chamber for the purpose of holding a work
session on the Land Use Management Code.
COUNCIL REMARKS
I. PROPOSED CITY USE FOR WESTPORT DESIGN CENTER BUILDING
Councilman Sweeney noted that he would be amenable to
reconsideration of the possible use of the Westport
Design Center building on Camino Capistrano as a City
facility.
2. CITY BICENTENNIAL PROMOTION
Councilman Sweeney suggested that one of the local organiza-
tionsconsider producing a booklet or brochure, possibly
based upon recently published articles, to be used for
souvenier purposes in celebrating the City's Bicentennial
in 1976.
3. SISTER CI
Councilman Sweeney suggested that perhaps the establishment
of a "Sister City" should be considered.
4. HOMEOWNERS ASSOCIATIONS
Councilman Sweeney suggested that perhaps the City could be
more supportive of the needs of homeowners association
needs. Councilman Nash noted a letter received from Dorothy
Groesser of Capistrano Garden Homes homeowners Association #1
citing problems in managing their association. Mayor
Weathers directed the City Manager and City Attornay to
study the problems encountered by the various homeowners
associations. Councilman Byrnes noted the Rothrock Report
which had been prepared regarding land use in planned
developments and Council requested that copies of the report
be distributed to Council members.
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5.
SANI'T'ATION - S. E. R. R. A.
Councilman Nash noted that attendance at the S.E.R.R.A.
meetings held in the evenings at the request of Council
had been poor and that the Board of Directors would be
justified in returning to daytime meetings if attendance
does not improve.
RECESS AND RECONV
Council rec.ecsed to Executive Session at 10:38 P.M. for the
purpose of discussing Beet and Confer negotiations and legal
matters and reconvened at 11:26 P.M.
AGRICULTURAL STEERING COMMITTEE •- APPOINTMENT
Mayer Weathers appointed Councilman Nash as a member of the
Agricultural Steering Committee to fill the vacancy created by
the resignation of Councilman Byrnes.
PERSONNEL - MEMORANDUM OF UNDERSTANDING
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that the Memorandum of Understanding
dated July 16, 1975, between the City and the San Juan Capistrano
City Employees Association be approved for fiscal year 1975-76.
PERSONNEL - RETIREMENT SYSTEM
RESOLUTION NO. 75-7-16-2: EMPLOYEE RETIREMENT SYSTEM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING EMPLOYEE PARTICIPATION IN THE
ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-7-16-2
be adopted.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:28 P.M. to the next meeting date of Monday,
July 21, 1975, at 6:00 P.M. in the City Council Chamber.
Respectfully submitted,
MARY ANN ANOVER, CITY CLERK
APPROVED:
7/16/75