75-1001_CC_Minutes_Regular MeetingOCTOBER 1, 1975
REGULAR MEETING OF TIIE CITY COUNCIL
SAN JUAN CAPISTRANO, CALIFORNIA
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 Pastor Roger Boatman, Community Christian Church.
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
COUNCILMAN ABSENT: None
STAFF PRESENT: John O'Sullivan, Director of Administrative
Services/Interim City Manager; William D. Murphy, Director of
Public Works/City Engineer; David J. Smith, Director of Planning;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk;
E. Patricia Hector, Minute Secretary.
MINUTES
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that the Minutes of the
Adjourned Regular Meeting of September 10, 1975, be approved as
submitted.
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that the Minutes of the Regular Meeting of September 17,
1975, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Sweeney, Byrnes, Heckscher and
Mayor Weathers
NOES: None
ABSTAIN: Councilman Nash
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that all resolutions and ordi-
nances be read by title only.
FREEDOM TRAIN - CONFIRMATION OF DATES
The City Clerk reported that she had received a telephone call on
October 1st from Mr. Greg Pittrizzi of the Freedom Train Founda-
tion who confirmed that the Freedom Train is scheduled to be in
San Juan Capistrano from noon January 19, through January 20, 1976.
It was also noted that the City's guaranty of $15,000 per day had
been waived by the Freedom Train Foundation, that the City will
receive 10% of all advance and on-site ticket sales, and that
accommodations for Freedom Train personnel will be limited to 94
people instead of the original 150. The agreements are being
mailed to the City and will be presented to Council for approval
at tha next regular meeting of October 15, 1975.
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493
SPECIAL REPORT - AGRICULTURAL STUDY
1. AUTHORIZATION FOR PHASE III
Council received copies of a report dated October 1, 1975,
from the Director of Planning containing background material
and staff recommendations. Although not a formal public
hearing, Mayor Weathers invited comments from members of the
audience, and the following individuals addressed the Council:
Charles Buck, 27081 Mission'Hills Drive, addressed
the Council regarding the continuance of Phase III.
Fran Frost, 31301 Pa.seo Nogal, addressed the Council
regarding the authorization of Phase III.
Councilman Nash stated that although he had not attended the
meeting of September 17th, when this item was first discussed,
he had listened to the tape. He further stated that he is,
very much in favor of continuing and completing the Study by
authorizing Phase III.
It was moved by Councilman Nash and seconded by Councilman
Heckscher, to authorize Phase III of the Agricultural Study.
After discussion by Council, the motion carried by the
following vote:
AYES: Councilmen Heckscher, Nash and Sweeney
NOES: Mayor Weathers and Councilman Byrnes
ABSENT: None
2. AGRICULTURAL STEERING COMMITTEE - COMPLETION OF ASSIGNMENT
Councilman Nash addressed the need for continuing the Agri-
cultural Steering Committee. Following Council discussion
and Staff input it was determined that the Steering Committee's
work has been completed. Councilman Heckscher asked if there
was any input from the Steering Committee. Mr. Ted Crossman,
Chairman of the Agricultural Steering Committee, addressed
Council. It was moved by Councilman Nash, seconded by Mayor
Weathers, and unanimously carried that the Agricultural
Steering Committee be disbanded. Council gave a strong vote
of thanks to the Committee for their efforts.
3. INITIATION OF GENERAL PLAN AMENDMENT NO. 2
Council received copies of a report dated October 1, 1975,
from the Director of Planning.
Councilman Nash moved to initiate proceedings for a possible
General Plan Amendment with the scope of these proceedings
limited to the designated agriculture overlay areas only.
The purpose of conducting the proceedings would be to determine
whether or not one of the following would occur: (1) Designa-
tion of permanent agriculture to the area or a portion of the
area; (2) Continuation of the overlay designation for some
period of time; or (3') Removal of the agriculture overlay.
Councilman Heckscher seconded the motion. There was no vote
on the motion.
Council discussed time constraints and it was determined that
the project would not be in jeopardy if it were tabled until
the next meeting. It was moved by Councilman Sweeney and
seconded by Councilman Byrnes to table this item until the
Phase III Report is received. The motion carried by the
following vote:
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AYES: Councilmen Sweeney, Byrnes, Heckscher and
4 Mayor Weathers
NOES: Councilman Nash
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. EL CAMINO REAL PARK PLANS AND SPECIFICATIONS
Council received copies of a report dated October 1, 1975,
from the Director of Public Works forwarding a staff report
dated February 19, 1975, Minutes of the Parks and Recreation
Commission meeting of February 3, 1975, and written communi-
cations regarding the Park.
It was moved by Councilman Nash to approve all elements of
the plans and specifications except restrooms, to eliminate
restrooms for the time being until the Park is built, the
use level is assessed, and that through appropriate committees,
a Master Plan of Restrooms has been established for the entire
City. The motion was seconded by Councilman Heckscher.
Mayor Weathers pointed out that by changing the plans and
specifications, we were possibly jeopardizing the funds we.
would receive from the State and County.
Council discussion ensued regarding the facilities and their
location. The Director of Public Works suggested the plans
and specifications could be put out to bid with the restrooms
and picnic tables as optional items. Councilman Nash noted
that he would maintain his initial position.
Although not a formal public hearing, Mayor Weathers inquired
if members of the audience wished to comment, and the follow-
ing individuals addressed Council:
Arthur Lavagnino, A.I.A., 2401 E. 17th Street, Suite E.
Santa Ana, objecting to the proposed use of deciduous
trees.
Fran Frost, 31301 Paseo Nogal, San Juan Capistrano.
At the conclusion of the discussion, the motion failed by the
following vote:
AYES: Councilman Nash
NOES: Councilmen Byrnes, Heckscher, Sweeney and
Mayor Weathers
ABSENT: None
It was moved by Councilman Byrnes and seconded by Councilman
Heckscher to direct staff to resurvey pattern and types of
planting in order to achieve an intensified visual and
accoustical sound barrier. The motion carried by the follow-
ing vote:
AYES: Councilman Sweeney, Byrnes, Heckscher and
Mayor Weathers
NOES: Councilman Nash
ABSENT: None
It was moved by Councilman Heckscher and seconded by Council-
man Sweeney to direct staff to re-examine the design from the
standpoint of (1) Relocating the restroom facilities; or
(2) Eliminating the restroom facilities altogether. The
motion failed by the following vote:
AYES: Councilmen Sweeney and Heckscher
NOES: Councilman Byrnes, Nash and Mayor Weathers
ABSENT: None
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4 9 t�
Minnie Surles, Chairman, Parks and Recreation Commission then
addressed Council.
It was moved by Mayor Weathers and seconded by Councilman
Sweeney to refer the park design to the Planning Department
for the purpose of incorporating the ideas and suggestions
brought out during this discussion. The motion carried by
the following vote:
AYES: Councilmen Sweeney, Byrnes, Heckscher and
Mayor Weathers
NOES: Councilman Nash
ABSENT: None
2. TRABUCO CREEK BICYCLE TRAIL - ACCEPTANCE OF FINAL REPORT AND
NOTICE OF COMPLETION
Council received copies of a report dated October 1, 1975,
from the Director of Public Works stating that all work has
been completed by Certified General Engineering Contractors,
Inc., in accordance with the plans and specifications for the
subject project. The Final Contract Progress Report was also
submitted for acceptance.
RESOLUTION NO. 75-10-1-1: COMPLETION OF THE COUNTYWIDE BIKE-
WAY TRAIL, SAN JUAN CREEK, CITY OF SAN JUAN CAPISTRANO -
A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF THE COUNTYWIDE BIKEWAY TRAIL, SAN JUAN
CREEK, SAN JUAN CAPISTRANO.
It was moved by Councilman Nash, seconded by Councilman Byrnes,
and unanimously carried that Resolution No. 75-10-1-1 be
adopted.
It was moved by Councilman Nash, seconded by Councilman Byrnes,
and unanimously carried that a Notice of Completion be filed
with the Orange County Recorder. The total amount of work
performed under the contract is $79,281.41. Council further
directed Staff to make payment to Certified General Engineering
Contractors, Inc. in the amount of $7,928.14, upon.expiration
of thirty-five days from the filing of the Notice of Completion.
RECESS AND RECONVENE
Council recessed at 8:55 P.M. and reconvened at 9:10 P.M.
PUBLIC HEARINGS
1. SET HEARING DATE OF OCTOBER 15, 1975
RESIDENTIAL TRASH COLLECTION RATES (
I
Mayor Weathers set the date of Wednesday, October 15, 1975,
for the Public Hearing on the Request for Increase in Resi-
dential Trash Collection Rates (Truman Smith Disposal Co.).
2. AMENDMENT TO THE SALARY AND CLASSIFICATION PLAN
Council received copies of a report dated October 1, 1975,
forwarding a job description of the Administrative Aide,
which job class is contained in the 1975-76 fiscal budget.
The Director of Planning has also requested a change in the
educational requirement for the Planning Aide position and
revised job description was submitted to Council.
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing open on the amendment to the
salary and classification plan. There being no one in the
audience wishing to address the Council on this matter, Mayor
Weathers declared the Public Hearing closed with the right to
reopen at any time.
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NNNG
4 9 AIDOLUTAORESOLUTION 00F THE CITY NCOUNCIL VOF THE CITY AOFISAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN
OF THE PERSONNEL RULES.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to adopt Resolution No.
75-10-1-2.
3. DETERMINATION OF CONSISTENCY WITH TIIE GENERAL PLAN TRACT 8485
(STANDARD -PACIFIC CORP.)
Council received copies of a report dated October 1, 1975,
from the Director of Planning forwarding a proposed Resolution
and correspondence from Rutan & Tucker, Attorneys at Law,
dated August 6, 1975.
As a result of judicial proceedings, the City was mandated to
hold a public hearing to determine the conformity of Tentative
Tract 8485 to the City's General Plan. The Director of
Planning made an oral presentation and referred to various
exhibits including a copy of Tentative Tract 8485, the City's
circulation element which was in effect at the time of con-
sideration of the tract; the City's current circulation
element and the City's current composite land use map.
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing open on the General Plan Consis-
tency - Tract 8485. There being no one in the audience
wishing to address the Council on this matter, Mayor Weathers
declared the Public Hearing closed with the right to re -open
at any time.
RESOLUTION NO. 75-10-1-3: GENERAL PLAN CONSISTENCY. TRACT 8485
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FINDING THAT TENTATIVE TRACT 8485 AS
SUBMITTED BY STANDARD -PACIFIC CORPORATION IS NOT CONSISTENT
WITH THE GENERAL PLAN OF THE CITY OF SAN JUAN CAPISTRANO.
It was moved by Councilman Byrnes, seconded by Councilman Nash
and unanimously carried that Resolution No. 75-10-1-3 be
adopted.
RESOLUTIONS
REQUESTING SPHERE OF INFLUENCE FROM LAFCO
Council received copies of a report dated October 1, 1975,
from the Director of Planning which described the partial
Sphere of Influence.
RESOLUTION NO. 75-10-1-4: SPHERE OF INFLUENCE - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, TO REQUEST LAFCO TO INITIATE AN AMENDMENT TO THE
CITY'S ADOPTED (PARTIAL) SPHERE OF INFLUENCE. _
It was moved by Councilman Nash, seconded by Councilman
Sweeney, and unanimously carried that Resolution No. 75-10-1-4
be adopted.
ORAL COMMUNICATIONS
1. PARKING RESTRICTION ON THE ORTEGA HIGHWAY
Fred Newhart, Walnut Grove Restuarant, stated he would address
the Council under the Traffic and Transportation Committee
item later on the Agenda.
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12. RELEASE. OF BUILDING PERMITS, TRACT 8087 (MEREDITH) y V 7
Gary Ilausdorfer, President, Alto Capistrano Homeowners'
Association, and Patrick Timmins, member, spoke in opposition
to the release of any additional building permits for Tract
8087.
CONSENT CALENDAR
The List of Warrants, the Report of Planning Commission Actions
of September 16, 1975, and the City Treasurer's Report were removed
from the Consent Calendar for separate consideration.
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that the staff recommendations be approved
with regard to the following Consent Calendar items:
1. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF SEPTEMBER 23
1975.
The Report of Actions taken by the Cultural Heritage Commis-
sion at their regular meeting held September 23, 1975, was
received for information.
2. REQUEST FOR SOLICITATION PERMIT AND PROCLAMATION (UNITED WAY
OF ORANGE COUNTY).
The request from United Way of Orange County for a solicitation
permit for their fund-raising campaign from September 15
through December 15, 1975, is approved, and the Mayor
authorized to sign the Proclamation of October as United Way
Month in the City.
APPROVAL OF WARRANTS
After clarification, it was moved by Councilman Heckscher, seconded
by Councilman Sweeney and unanimously carried that the List of
Demands, dated October 1, 1975, Warrant Numbers 5806 through 5878,
inclusive, in the total amount of $612,256.96, be approved as
submitted.
REPORT OF PLANNING COMMISSION ACTIONS - SEPTEMBER 16, 1975
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried that the Report of Actions taken by the
Planning Commission at their regular meeting of September 16, 1975,
be received and filed.
TREASURER'S REPORT OF INVESTMENTS FOR JUNE 30th. JULY 31st. AND
After clarification, it was moved by Councilman Heckscher, seconded
by Councilman Nash and unanimously carried to receive and file
the Treasurer's Report of Investments.
ADMINISTRATIVE ITEMS
DIRECTOR OF PLANNING
1. REVIEW OF COUNTY PROJECTS
Council received copies of a report dated October 1, 19759
from the Director of Planning regarding the status of County
projects. The Director of Planning orally reviewed the nine
listed projects. Council will be informed of the continuing
eltatus of these projects. Councilman Heckscher pointed out
that items 1, 4 and 6 were rather important.
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M
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. REQUEST FOR RELEASE OF BUILDING PERMITS, TRACT 8087 (MEREDITH).
Council received copies of a report dated October 1, 1975s
from the Director of Public Works, forwarding a copy of a
letter from Eddy Meredith dated September 16, 1975, requesting
release of Lots 18 through 37 inclusive, and 69 through 80
inclusive, (32 lots) in Tract 8087.
After Council discussion, it was moved by Councilman Nash,
seconded by Councilman IIeckscher and unanimously carried to
take no action on this request until an adequate solution to
the access problem has been resolved.
2. ORTEGA IIIGHWAY REPORT
Council received copies of a report dated October 1, 19759
from the Director of Public Works forwarding a copy of the
Ortega Highway Interim Improvements Report dated September 3,
1975.
It was moved by Councilman Sweeney, seconded by Councilman.
Nash, and unanimously carried to receive and file this report
pending developments with County and/or Federal funding.
RESOLUTION NO. 75-10-1-5: ORTEGA HIGHWAY - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
EXPRESSING CONCERN FOR AND REQUESTING ACTION UPON PLAN FOR
IMPROVEMENT OF ORTEGA HIGHWAY.
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that Resolution No. 75-10-1-5 be
adopted and a copy directed to Supervisor Thomas F. Riley,
expressing concern over this issue and seeking his formal
support of this matter with County, State and Federal agencies.
Direction was given to Staff that the Council is not interested
at this time in participating in any programs which involve
City financial participation or which impact the City's arterial
highway improvement program.
3. STREET ALIGNMENT - ALTO CAPISTRANO AREA
Council received copies of a report dated October 1, 1975,
from the Director of Public Works forwarding a Plan for
Expenditure of Funds for Alternate "E" in the Alto Capistrano
area.
It was moved by Councilman Nash and seconded by Mayor Weathers
to authorize the expenditure of up to $35,000 for the Study
as outlined by Staff.
The motion carried by the following vote:
AYES: Councilmen Nash, Sweeney and Mayor Weathers -
NOES: Councilmen Heckscher and Byrnes
ABSENT: None
CITY CLERK
1. APPOINTMENT OF VOTING
Council received copies of a report dated October 1, 19750
from the City Clerk forwarding copies of a memorandum from the
League of .California Cities explaining the need for a City
Council appointment of a voting delegate and voting alternate
to the Conference to be held October 19 - 22, 1975, in San
Francisco.
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It was moved by Councilman Byrnes, seconded by Councilman + V 9
Sweeney and unanimously carried to appoint Mayor Weathers as
the Voting Delegate, and Councilman Nash as the Voting
Alternate.
COMMISSIONS, BOARDS, COMMITTEES
TRAFFIC AND TRANSPORTATION COMMITTEE
PARKING RESTRICTION ON-'
Council received copies of a report dated October 1, 1975,
from the Traffic and Transportation Committee forwarding a
proposed resolution establishing a "no parking' area on the
northside of Ortega Highway from Del Obispo Street to 200 feet
westerly.
Although not a formal public hearing, Mayor Weathers invited
members of the audience to address Council regarding this
matter, and the following person addressed Council:
Fred Newhart, Walnut Grove Restaurant, requested post-
ponement of Council action on this item.
Councilmen Nash and Byrnes voiced their agreement with
Mr. Newhart. It was moved by Councilman Nash, seconded by
Councilman Sweeney and unanimously carried that action be
postponed.
CULTURAL HERITAGE COMMISSION
INVENTORY OF HISTORICAL PRESERVATION ITEMS
Council received copies of a report dated October 1, 1975,
from the Director of Administrative Services forwarding an
inventory of historical sites in the City, prepared by the
Cultural Heritage Commission.
RESOLUTION NO. 75-10-1-6: INVENTORY OF HISTORICAL ITEMS -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE DESIGNATION OF HISTORICAL
SITES.
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-10-1-6
be adopted.
PARKS AND RECREATION COMMISSION
1. PROGRESS REPORT ON RECREATION NEEDS ASSESSMENT
Council received copies of a Progress Report on Recreation
Needs Assessment Study dated October 1, 1975, from the
Recreation Coordinator. Council remarked that they were
quite pleased with the results of the report, and the report
was received for information. Councilman Heckscher noted
that perhaps a condensed version of the report could be
published.
COUNCIL REMARKS
1. DOWNTOWN MALL IN SANTA CRUZ - SLIDE PRESENTATION
Councilman Heckscher noted that he had received copies of a
000klet relating to a program in Santa Cruz for the establish-
ment of a mall in downtown Santa Cruz. The Director of
Planning has additional information in the form of slides.
Councilman Heckscher requested that the Council consider
agendizing this matter.
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1500
�i 0 RECESS AND RECONVENE
Council recessed to Executive Session at 10:58 P.M. and reconvened
at 11:40 P.M.
EXECUTIVE SESSION
1. TRAFFIC AND TRANSPORTATION COMMISSION - APPOINTMENTS
It was moved by Councilman Byrnes, seconded by Councilman
Heckscher and unanimously carried that the Traffic and
Transportation Commission be comprised of: Cecelia Herman,
Jerry Lugo, Richard McMechan, and Dorothy Denham.
2. UNITED NATIONS DAY
It was moved by Councilman Byrnes, seconded by Councilman
Heckscher and unanimously carried that Marilyn Thorpe be -
appointed Chairperson of United Nations Day.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:45 P.M. to the next regular meeting date of
Wednesday, October 15, 1975, at 7:00 P.M., in the City Council
Chamber.
Respectfully submitted,
MARY ANr NOVER, CITY CLERK
APPROVED:
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