74-0128_CC_Minutes_Regular MeetingJANUARY 28, 1974
REGULAR MEETING OF THE CITY COUNCIL, CITY OF SAN JUAN CAPISTRANO
The Regular Meeting of the City Council was called to order by Mayor
Roy L. Byrnes at 7:00 p.m.
The Pledge of Allegiance was recited
Councilman James K. Weathers.
ROLL CALL: Councilmen Present
Councilmen Absent
Invocation was given by
Roy L. Byrnes, Mayor
Edward S. Chermak
Josh Gammell
James F. Thorpe
James K. Weathers
None
Staff present: Donald G. Weidner, City Manager
George Madsen, Senior Project Engineer
William Murphy, Director of Public Works
James Okazaki, City Attorney
John O'Sullivan, Director of Finance
David Smith, Director of Planning
Jo Bennitt, City Clerk
APPROVAL OF MINUTES
Mayor Byrnes suggested changes in the Minutes of January 7, 1974, as
follows:
Page 6: Under Council Remarks, Item 1: Delete the words "as an"
and substitute the words "and referred to him as an."
Item 2: Substitute the word "requested" for the word
"called," in paragraph 3 thereof.
Page 7: First paragraph: Following the words "utilities people,"
add the words "concerned citizens and City staff," and
substitute the word "concern" for the word "concentration."
Seventh paragraph: Substitute the words "suggested that"
for the words "wondered if."
Minutes of January 14, 1974: Page 4, Item 10: Substitute the word
"personnel" for the word "executive."
There being no further corrections or amendments offered, the Minutes
of January 7, 1974 and January 14, 1974 were ordered approved as
corrected.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried that all Ordinances and Resolutions be read
by title only.
PUBLIC HEARINGS - NONE
BIDS, CONTRACTS, AGREEMENTS
1. PROCUREMENT OF EXISTING RADIOS
It was moved by Councilman Gammell, seconded by Councilman Thorpe,
and unanimously carried to approve the recommendation of the Public
Works Director in his Memorandum of January 23, 1974, to authorize the
City Manager to exercise the option with R.C.A. for procurement of
these radio units for $2,580.14.
2. PARK MAINTENANCE FOR BONITO AND FOUR OAKS PARKS
It was moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried to approve the recommendation of the Public
Works Director, in his Memorandum of January 29, 1974 to authorize the
City Manager to enter into an agreement for landscaping services with
the Wilkinson Landscape Maintenance Company, in an amount of $515.00
per month, effective immediately.
JAN 2 81974
City Council Minul
January 28, 1974
Page 2
ORDINANCES, RESOLUTIONS
1. RESOLUTION NO. 74-1-28-1: A JOINT RESOLUTION OF THE CITY COUNCIL
AND THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO
COMMENDING GERALD GAFFNEY FOR SEn','"ICiS AS PLANNING COMMISSIONER
was read by title by the City Attorney.
Councilman Weathers moved to adopt Resolution No. 74-1-28-1. Council-
man Thorpe seconded the motion which carried unanimously.
2. ORDINANCE NO. 257: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO AMENDING PRECISE ZONING MAP ADOPTED BY
ORDINANCE NO. 115, SECTION 3.01.3 TO BE DESIGNATED RZ 73-117,
AMENDMENT NO. 32, (SECOND READING) CUNNINGHAM-SEVENTH DAY ADVENTIST
PROPERTY, was read by title by the City Attorney.
The Planning Director advised that the following wording should be
added to Section 2: "...is hereby designated and declared to be
zoned R-1-2.2 District."
Councilman Weathers moved to adopt Ordinance No. 257, as amended.
Councilman Gammell seconded the motion which carried unanimously.
3. ORDINANCE NO. 244: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO AMENDING THE PRECISE ZONING MAP AS ADOPTED
BY ORDINANCE NO. 115, SECTION 3.01.3 TO BE DESIGNATED RZ 73-114,
AMENDMENT NO. 31, (SECOND READING) ALTO CAPISTRANO, was read by
title by the City Attorney.
It was moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to adopt Ordinance No. 244.
4. RESOLUTION NO. 74-1-28-2: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO EXPRESSING ITS CONCERN THAT
AFFECTED CITIES BE KEPT CONTINUALLY COGNIZANT OF ACTIONS OF THE
LOCAL AGENCY FORMATION COMMISSION RELATING TO SPHERE OF INFLUENCE
MATTERS was read by title by the City Attorney.
It was moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried to adopt Resolution No. 74-1-28-2.
5. RESOLUTION NO. 74-1-28-3: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO REQUESTING THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION, TO INCLUDE VALLE ROAD IN ITS
ENTIRETY IN THE SELECT SYSTEM was read by title by the City Attorney
It was moved by Councilman Gammell, seconded by Councilman Chermak,and
unanimously carried to adopt Resolution No. 74-1-28-3.
6. PROPOSED RESOLUTION REQUESTING THE DIRECTORS AND OFFICERS OF THE
LEAGUE OF CALIFORNIA CITIES TO REFRAIN FROM TAKING A POSITION ON
BALLOT MEASURES OF STATEWIDE INTEREST PRIOR TO A VOTE OF ALL
MEMBER CITIES was read by title by the City Attorney.
There being a lack of consensus, it was moved by Councilman Weathers,
seconded by Councilman Gammell, and unanimously carried, to table said
resolution.
7. ORDINANCE NO. 258: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO REPEALING ORDINANCE NO. 2, AND AUTHORIZING
THE DESIGNATION OF OFFICIAL POSTING PLACES BY RESOLUTION was given
first reading by title only by the City Attorney.
It was moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried to introduce Ordinance No. 258.
8. RESOLUTION NO. 74-1-28-4: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO DESIGNATING THE OFFICIAL LOCATIONS
FOR THE POSTING OF OFFICIAL NOTICES was read by title by the City
Attorney.
It was moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried to adopt Resolution No. 74-1-28-4,
JAN 2 81974
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City Council Minutes
January 28, 1974
Page 3
SUBDIVISIONS, ANNEXATIONS
1. TRACT NO. 7196, WESTPORT - FINAL MAP
It was move(; by Councilman Weathers, seconded by Councilman
Gammell, and unanimously carried to approve Recommendations 1 and 2,
as set forth in the Public Works Director's pertinent Memorandum of
January 23, 19741; to wit: 1. Accept the Final Tract Map 7196,
three -party agreement, fees and public improvement agreements, and
authorize the execution of the public improvements agreements (streets,
street lights, monuments, and sewers) and three -party agreement; and
2. Accept the Grant Deed for the remaining portion of "Long Park"
when the vacation and demolition of the existing building is complete
to the satisfaction of the City. Authorize the City Clerk to certify _
acceptance and the City Engineer to process recording of the Grant
Deed after demolition of the building.
2. PROPOSED ANNEXATION TO DANA POINT SANITARY DISTRICT
Pursuant to the recommendation of the Director of Public Works,
this matter was ordered to be deferred to the Regular Meeting of
February 4, 1974.
COMMUNICATIONS - WRITTEN
1. LOS RIOS PRESERVATION
A letter from Mr. and
date of January 18, 1974,
to remain undisturbed as a
received and filed.
2. HISTORICAL PLAQUE
Mrs. Gus Chabre, 31382 E1 Camino Road, under
in which they urged that Los Rios be allowed
symbol of the beginnings of this City, was
In response to a letter from Bela Bachkai, 96 Carstairs Road, Valley
Stream, New York, under date of November 27, 1973, containing an offer
to dedicate a commemorative plaque to be furnished by a group of
American Hungarian citizens in honor of St. John of Capestrano, it was
moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried to accept the offer. '
It was suggested that the City Manager, in his letter of acceptance,
indicate that it would be desirable, if possible, to have the plaque
designed so that it would be possible to move it to a new civic center
site.
COMMUNICATIONS - ORAL
1. PUBLICATION OF ORDINANCES
Rose Corrigan, a resident of San Juan Capistrano, inquired about
the City's policy with respect to the publication of ordinances. It —
was her suggestion that such publication be confined to a newspaper
most widely read and consistently in the same newspaper, in order that
the residents might know where to look for this information.
Councilman Thorpe suggested that, in terms of communication, considera-
tion might be given to publication in more than one newspaper.
Mayor Byrnes stated that press releases are a more effective means of
communication than legal advertising.
RECESS Mayor Byrnes recessed the meeting at 7:55 p.m. and reconvened
at 8.00 p.m., with all five Councilmen present.
PLANNING COMMISSION MATTERS
1. Following a brief discussion with respect to Item 3: AC 73-1021
SITE PLAN REVIEW FOR EL CAMINO PLAZA SHOPPING CENTER, it was moved
by Councilman Thorpe, seconded by Councilman Weathers, and unani-
mously carried to refer said site plan back to the Planning Commission
for reconsideration.
JAN 2 81974
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City Council Minutes
January 28, 1974/
Page 4
ADMINISTRATIVE
1. COMMUNITY COUNSELING CENTER
Inasmuch as Community Counseling Center had not responded to the
City Manager's request for additional information and a modified appli-
cation, the matter was ordered deleted from the agenda.
2. ALIPAZ RECREATIONAL VEHICLE PARK
Council discussion centered on the definition of "substantial
construction." It was concluded that this could vary depending upon
the type of project being developed.
The City Attorney advised that the City Council would have to make a
finding that "substantial construction" has taken place, in order for
the project to continue.
Mr. Gordon Friis-Pettitt testified that he represented Swan Construction
Company, original property owners. He cited reasons for the delays and
stated that everything possible has been completed pending processing
of a Lot Split by the County. He stated further, that the project would
proceed immediately upon approval of said Lot Split. He offered to file
a bond to ensure completion of the project.
The Planning Director advised that a termination of the project would
necessitate a re-application for a Conditional Use Permit, followed by
public hearing, with ten -days prior notice; and also, a preliminary
Environmental Impact Report to be considered by the Environmental
Review Board, followed by a City Council review of that action.
Following additional discussion, Council indicated that they would
be willing to give this matter favorable consideration if Staff can
present some parameters for diligent prosecution of the project, with
time limits for re -commencement, completion of various phases, and
final completion. On this basis, the matter was continued to the
Regular Meeting of February 4, 1974.
3. COUNTY NOISE ORDINANCE
The City Manager reported on his meetings with County Health
Department officials. He advised that the latest draft of the ordinance
names both County Health Department personnel and Sheriff's personnel
as enforcement officers.
Staff was directed to continue to follow up on this matter and to re-
port back at the Regular Meeting of February 4, 1974.
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4. CLAIM FOR DAMAGE - AL WILKIN
It was moved by Councilman Chermak, seconded by Councilman Gammell,
to approve the City Manager's Recommendation as set forth in his
pertinent Memorandum dated January 17, 1974, to follow standard oper-
ating practice and to deny the aforesaid claim and refer it to the
City's insurance company. The motion carried with the following roll -
call vote:
AYE: Councilmen Byrnes, Chermak, Gammell and Thorpe
NAY: Councilman Weathers
5. IMPACT OF CONCEPTUAL LAND USE ELEMENT UPON CURRENT ZONING
The Planning Director's pertinent Staff Report dated January 24,
1974 was received and filed. Mr. Smith reviewed the display map
depicting projected land use.
6. STATUS OF GENERAL PLAN CONTRACT - HAWORTH-ANDERSON & LAFER
Councilman Chermak suggested that the City Council might be re-
linquishing some control with respect to the performance of the
General Plan consultants, if the proposed recommendations were approved.
JAN 281974
6 City Council Minutes
January 28, 1974
Page 5
ADMINISTRATIVE (CONT'D.)
The Planning Director explained that the procedures outlined had
been developed with the intent of limiting cost -incurring presenta-
tions by the consultants until after the Planning Director had de-
termined that an element had been developed to the point whereik is
ready for presentation.
Following further discussion, it was moved by Councilman Weathers,
seconded by Councilman Gammell, and unanimously carried to approve
Recommendations 1 through 5, as set forth in the Planning Director's
undated Staff Report, approved by the City Manager for the January
28, 1974 agenda.
The Planning Director indicated that he would like to receive, at
a later time, some direction with respect to the following: 1. The
manner in which the map and General Plan are reproduced for distri-
bution to the public; and 2. Committees for review of each element
as it comes in.
There was general agreement that the Planning Director might select
people with appropriate capabilities to review each element, said
committees to be ratified by the Council.
7. AMENDMENT TO ENVIRONMENTAL IMPACT REPORT GUIDELINES
There was discussion with respect to the possibility of a summary
report of any substantive changes; of any permissive kinds of things
where Council may have some options; of any points that make a real
difference. It was suggested that a review of the process be under-
taken after the new Council is seated in mid-March. There was no
further action taken at this time.
8. FACT SHEET OF PARKS AND RECREATION CONCERNS
It was noted that the "Work Sheet - Parks Program"should list
Serra Park at 4.9 acres rather than 1.9 acres; and also, that the
Finance Director has advised against projecting the expenditure of
any income until it has actually been received.
Councilman Thorpe urged that the County be approached for an alloca-
tion of County revenue sharing funds for a regional park.
There was further discussion with respect to the advisability of
establishing a Parks Department. Councilman Thorpe advocated that
there be at least one staff person, perhaps in the Public Works
Department who would be responsible for overseeing parks maintenance
and development. No further action was taken at this time.
9. SEWER EASEMENT: PASEO ALTO PLANO
Y
It was moved by Councilman Weathers, seconded by Councilman
Chermak, and unanimously carried to approve the recommendation of
the City Engineer to accept easement deeds from Saunders & Beck as
set forth in his memorandum of January 22, 1974.
10. TREASURER'S REPORT OF CASH BALANCE AND INVESTMENTS -DECEMBER 31, 1973
Received and filed by Council.
11. FINANCE DIRECTOR'S REPORT OF FUND BALANCES -DECEMBER 31, 1
Received and filed by Council.
12. FINANCE DIRECTOR'S REPORT OF DRAINAGE FEES, DECEMBER 31, 1973
Received and filed by Council.
COMMITTEE REPORTS
1. ENERGY SUPPLY STUDY COMMITTEE
It was noted that Committee Minutes were in the Information
Packet. No action was requested or taken.
JAIL 2 81974
City Council Minutes
January 28, 1974
Page 6
COMMITTEE REPORTS (CONT'D.)
2. CIVIC CENTER SUB -COMMITTEE
Council had been provided with a report setting forth a number of
possible sites that had been considered by the Committee, with some
evaluation of both positive and negative aspects, and a ranking in
accordance with a weighted point system.
Councilman Chermak advised that the Committee had been thinking of
an 8 to 10 -acre site. He asked that Council review the report and
eliminate those sites that they think are unsuitable, suggest possible
additional locations, and submit their evaluations to him so that the
Committee may proceed with their study and submit a further report at
the February 4th meeting of Council.
3. DUMP ACCESS
The subject of the County's designated route to the Prima Deshectia
Dump Site was raised. Some dissatisfaction was expressed with the
County proposal to use Ortega Highway as a portion of the route, and
the fact that nothing in the way of a concrete proposal had been sub-
mitted for Council consideration. Councilman Thorpe suggested that
the safety factor is perhaps the most important consideration, with
traffic and noise to be dealt with on a lower priority basis.
Staff was,directed to send a letter to the Road Department and to
other appropriate officials advising them that Council wishes to be
provided with plans and drawings to which they can react and, also,
wishes to meet with the appropriate representatives of the County and
the City of San Clemente.
WARRANTS
It was moved by Councilman Thorpe, seconded by Councilman Chermak,
and unanimously carried to approve Warrants No. 2869 through 2927 and,
also, 1911 Act Warrants No. 0123 through 0127, in the total amount of
$84,037.89 (the Director of Finance had noted that Warrant No. 2880
should be in the amount of $22.60 -rather than $28.-80 as shown).
ADJOURNMENT
Mayor Byrnes adjourned the meeting at 10:08 p.m. and reconvened the
session at 10:08.5 p.m.
COUNCIL REMARKS
1. With respect to preparation of the 1974-1975 Fiscal Year Budget,
Councilman Chermak asked that expenditures be held to the necessary
minimum and that every effort be made to ensure that Staff fulfill
their commitment to the number of hours for which they receive their
salaries.
The City Manager advised Council that there may be some heavier capital
outlays and added personnel in the Department of Public Works. He also
anticipated additional operating expenses in the Finance Department
for conversion to a Central Administrative Services format. He in-
dicated also the probability of increased costs for maintenance and
operation of parks because of an accelerated program and also infla-
tionary trends. He stated that he foresees no increase in the tax
rate, however.
2. Councilman Chermak called attention to the use of the Huntington
property as a public dump and asked that steps be taken to remedy the
situation.
The City Attorney advised that the City can regulate this kind of
activity under the police power because it affects the public health,
safety and welfare. He said that the violators can be prosecuted or
the property owner could be put on notice that if he permits this kind
of activity he can be held responsible.
JAN 2819741
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City Council Minutes
January 28, 1974
Page 7/
COUNCIL REMARKS (CONT'D.).
The Public Works Director advised that an ordinance is beiov pre-
pared to provide for a program of perpetual weed abatement rather than
individual programs.
The City Manager stated that the City presently has ordinances to
provide for prohibition and penalties in these kinds of situations,
but that apprehending violators is a difficult problem.
3. Councilman Thorpe inquired about a written communication from
people in the Meissner Tract concerning paving of Calle Aspero.
Council was advised that this will be an Agenda item for the February
4th meeting.
4. Councilman Gammell asked that the Council not be given last-
minute reports such as those placed on the Council table just prior
to this meeting. Mayor Byrnes explained he had requested that the
report in question be distributed to Council on the day of the meeting.
ADJOURNMENT
The agenda having been completed, Mayor Byrnes adjourned the meeting
at 10:19 p.m. to a Personnel Session for the purpose of discussing
"Meet and Confer" matters.
PERSONNEL SESSION
Mayor Byrnes called the meeting to order in the Council Chambers at
10:20 p.m., with all five Council Members present. The City Manager
and the Director of Finance were also present.
"Meet and Confer" matters were discussed.
APPOINTMENT OF COMMISSION AND COMMITTEE MEMBERS
It was moved by Councilman Thorpe, seconded by Councilman Weathers,
and unanimously carried to appoint Mr. Fred Sparks as a Member of the
Planning Commission and Mr. Robert McCollum to the Energy Supply Study
Committee.
There being no further business to be considered, Mayor Byrnes adjour-
ned the meeting at 11:02 p.m.
The next Regular Meeting is scheduled for Monday, February 4, 1974, at
7:00 p.m, in the City Council Chambers.
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ATTEST:
oy L. Byr es, M.D., Mayor o
City of S n Juan Capistrano
JAN 2 81974