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73-1203_CC_Minutes_Regular MeetingDECEMBER 3, 1973 REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO 3 1 The regular meeting of the City Council was called to order by Mayor Byrnes at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by the City Enig: ger-, ROLL CALL: Councilmen present: Roy L. Byrnes, Josh Gammell, James F. Thorpe, James K. Weathers Councilmen absent: Edward S. Chermak Staff present: Madsen, Murphy, Nelson, Okazaki, O'Sullivan, Smith, Weidner. There being no minutes to approve, it was moved by Councilman Thorpe, seconded by Councilman Weathers and unanimously carried, to have all ordinances and resolutions for this meeting read by title only. PUBLIC HEARINGS 1. RZ 73-118-U-1 to R-1 - ORTEGA HIGHWAY Mayor Byrnes opened the public hearing. Bob Maurer of Maurer Development spoke in favor of RZ 73-118 and expressed concern about the moratorium on building. There being no one else wishing to speak either for or against the rezone, Mayor Byrnes closed the hearing reserving the right to re -open at any time. Following discussion, it was moved by Councilman Gammell and seconded by Mayor Byrnes to approve RZ 73-118-U-1 to R-1. Mayor Byrnes then offered an amendment to append a density suffix to the zoning of 2.5. Councilman Gammell seconded. Following discussion the amended motion was voted upon and carried, Mayor Byrnes, Councilmen Gammell and Weathers voting aye, Councilman Thorpe voting noe. Following further discussion Mayor Byrnes then entertained a motion to drop the suffix zoning and to approve the original motion allowing R-1. Councilman Weathers so moved, seconded by Councilman Gammell, and unanimously carried. Attorney Okazaki read the foregoing ordinance by title only. 2. RZ 73-117-E-2 to R-1 - DEL OBISPO. Mayor Byrnes opened the public hearing. The following spoke in favor of the rezone: John Pelt, Ron Tucker, Vernon Von Polie, and Reverend Van Vorst pastor of the Seventh Day Adventist Church and Lloyd Wallich, a lay member of the Seventh Day Adventist Church. There being no one else wishing to speak concerning the rezone, Mayor Byrnes closed the public hearing with the right to re -open at any time. The Planning Director made the comment that the Planning Com- mission felt that the applicant had not shown that 20 units could be located on the site without substantial land grading. With that in mind the Planning Commission voted 3 to 1 for denial. Moved by Councilman Weathers and seconded by Councilman Thorpe to direct Planning Commission to review new information as submitted by the applicant on RZ 73-117 and to provide a report to the Council. Motion carried. DEC 31971 Page Two C/C 12/3/73 3. POLICY PLAN, Mayor Byrnes opened the public hearing. No one spoke either for or aeainst this matter. Mayor Byrnes closed the public hearing with the right to re- open at any time. Motion for re -affirmation and formal adoption of the Policy Plan was made by Councilman Weathers, seconded by Councilman Gemmell, and unanimously carried, BIDS, CONTRACTS, AGREEMENTS 1, AGREEMENT WITH DANA POINT SANITARY DISTRICT & SERRA RE: OUTFALL .RENTAL PAYMENTS. Councilman Thorpe moved to approve the agreement and authorize the Mayor to execute in behalf of the City of San Juan Capistrano, seconded by Councilman Weathers, and unanimously carried, ORDINANCES. RESOLUTIONS 1. RESOLUTION NO. 73-12-3-1 - RESOLUTION RE: ENERGY CRISIS & PROPOSED MORATORIUM ON DEVELOPMENT. A resolution dealing with the energy crisis and a proposed mora- torium on building approvals was brought before the Council by Councilman Thorpe. Following considerable discussion on the merits and demerits of said resolution, it was moved by Councilman Gammell and seconded by Councilman Weathers to offer Resolution No, 73-12-3-1, excluding the section pertaining to the building moratorium. The motion carried, Mayor Byrnes and Councilmen Gammell and Weathers voting aye, Councilman Thorpe abstaining, Attorney Okazaki read the foregoing resolution by title only, 2, SECOND READING OF ORDINANCE 248 - TREE PRESERVATION. The Director of Planning clarified the changes made in the ordi- nance. It was moved by Councilman Weathers, seconded by Councilman Gammell and carried unanimously to adopt Ordinance 248. Attorney Okazaki read the foregoing ordinance by title only. 3. ORDINANCE 250 - FIRST READING OF PROPOSED TRESPASSING ORDINANCE. Leona Fitzpatrick spoke in favor of this ordinance. The ordinance was introduced by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried. Attorney Okazaki read the foregoing ordinance by title only. 4. RESOLUTION NO, 73-12-3-2 - RESOLUTION CALLING GENERAL MUNICIPAL ELECTION MARCH 5, 1974, AND NAMING ELECTION OFFICERS & POLLING PLACES. The City Manager stated that the staff may come back to the Council with a recommendation to consolidate the Board of Trustees election for Saddleback Community College District with the general election. A motion was made by Councilman Gammell and seconded by Council- man Weathers, and carried unanimously to accept the resolution. Attorney Okazaki read the foregoing resolution by title only. DEC 31973 Page Three C/ C 12/3/73 33 5. ORDINANCE 251 - FIRST READING OF PROPOSED ORDINANCE PRO- VIDING PARKING CONTROLS ON PRIVATE PROPERTY. It was moved by Councilman Thorpe and seconded by Councilman Weathers to introduce first reading on this ordinance. The motion carried unanimously, with a public hearing to be set, January 7, 1974. Second reading will also be at this time. SUBDIVISIONS, ANNEXATIONS 1. FLOOD CONTROL PERMIT FOR TRACT #7626 (LEADERSHIP). Moved by Councilman Thorpe to approve and authorize the Director of Public Works to sign on behalf of the City, seconded by Council- man Weathers and unanimously carried. COMMUNICATIONS - (WRITTEN) - NONE COMMUNICATIONS - (ORAL) 1. Mr. Yvon Heckscher, Town Hall Association, spoke in favor of Councilman Thorpe's resolution on energy crisis and building approvals with possible amendments as submitted by Town Hall Asoociation. 2. Reverend William Davenport spoke against the resolution. PLANNING COMMISSION MATTERS 1. REPORT ON RECENT COMMISSION ACTIONS. No comments were made at this time. 2. REVIEW OF TENTATIVE TRACTS: A. Tract #8460 (Holstein -Raney) Following review and discussion, it was moved by -Mayor Byrnes and seconded by Councilman Thorpe to deny the tract because the site is not physically suitable for the proposed density of development. Motion was amended by consent of the maker and the second to include that the design of the subdivision or proposed improvements are likely to cause substantial environmental damage. After discussion in favor of Tract #8460 by Dan DeMille, a representative of Holstein, Councilman Weathers moved to table the motion for denial, seconded by Councilman Gammell. Motion to table was denied. The motion to deny the tentative tract was then voted on and failed. Mayor Byrnes and Councilman Thorpe voting for denial, Councilmen Gammell and Weathers voting against. Therefore, Planning Commission decision of approval remains valid. B. Tract #7673 (Leadership -Newcomb) Following a discussion centering on the lack of solutions on the problem of obtaining a school site, it was moved by Councilman Thorpe and seconded by Councilman Weathers to deny without prejudice until such time as the City Council's concern over school facilities in connection with current development along the San Juan Creek Valley is satisfied. The motion carried unanimously. C. Tract #8485 (Standard -Pacific) Councilman Thorpe moved and to deny without prejudice until such time over school facilities in connection with San Juan Creek Valley is satisfied. Councilman Weathers seconded as the City Council's concern current development along the DEC 3 197,3 3 C%Ce Four 12//3/73 Following discussion, an amendment was made by Mayor Byrnes to the foregoing motion to add extra conditional provisions for additional circulation between Calle Arroyo and Ortega Highway on the eastern boundary of the property, seconded by Councilman Gammell. Amendment to the motion failed 3 to 1. Councilman Gammell voting aye, Councilmen Byrnes, Thorpe and Weathers voting noe. Question was called for on the original motion and was carried unanimously. By the foregoing, the City Council finds and determines that the design of the subdivisions or the proposed improvements are likely to cause substantial environmental damage in that the lack of schools and planning therefor will impose undue hardship upon the existing school facilities and result in irrevocable social environ- mental damages. COMMITTEE REPORTS 1. REPORT OF KLUG DOL (OVERHEAD UTILITY RELOCATION - ORAL). It was moved by Councilman Weathers and seconded by Councilman Gammell to waive the undergrounding of existing utilities but re- quire an agreement to comply with undergrounding when an area im- provement district is performed. The motion carried unanimously. Mayor Byrnes adjourned at 11:20 p.m. to a regular meeting, December 10, 1973, at 7:00 p.m. Roy es, M.D., Mayor o City of S n Juan Capistrano ATTEST: 530 DE 0 31973