74-0211_CC_Minutes_Regular MeetingFEBRUAY.Y 11, 1974
REGULAR MEETING OF THE CITY COUNCIL, Cl':Y OF SAN JUAN CAPISTRANO
67
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
Madsen, Senior Project Engineer.
ROLL CALL:
Councilmen Present:
Councilmen Absent
Invocation was given by George
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 that the Minutes of January 28, 1974 be amended
on page 6 thereof, under the heading ADJOURNMENT, to delete the words:
"The meeting having exceeded the time prescribed for Adjournment..."
There being no further corrections or amendments, Mayor Byrnes ordered
said Minutes approved as amended.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried that all Ordinances and Resolutions be read by
title only.
PUBLIC HEARINGS
1. APPEAL FROM DECISION OF PLANNING COMMISSION - ZONE VARIANCE
73-1024 Tract No. 7112. , Lot - Pacesetter
Mayor Byrnes opened the public hearing.
The Planning Director advised that the applicant had requested a
reduction of the rear yard setback from 25 feet to 10 feet and a re-
duction of the front yard setback from 25 feet to 10 feet, because of
the triangular shape and dimensions of the lot which make it im-
possible to conform to the City's setback requirements. He reported
that the Planning Commission had received one letter of objection,
that two persons spoke against the application at the Planning Com-
mission hearing, and that one letter in favor is included in the Council
packet.
Terry Crowther, Pacesetter Homes and Leona Fitzpatrick, Capistrano
Valley Realty, spoke in favor of the application.
Yvon Heckscher, 32341 Del Obispo, resident on the adjacent lot, spoke
in opposition.
Mr. Crowther stated that it would be impossible to build within the
required setbacks.
Mr. Douglas Nash, member of the City Planning Commission, expressed
the opinion that Lots 68 and 69 should be combined into one lot with
one structure thereon.
In response to an inquiry, the Planning Director stated that there are
109 lots and there have been two variance requests, one approved and
this one denied.
Mayor Byrnes closed the public hearing with the right to reopen at
any time.
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City Council Minutes
February 11, 1974
Page 2
PUBLIC HEARINGS (Cont'd
Following additional discussion, Councilman Gammell moved to uphold
the decision of the Planning Commission to deny the application for
a variance. Councilman Weathers seconded the motion which carried
with the following roll -call vote:
AYE: Councilmen Byrnes, Gammell, Thorpe and Weathers
NAY: Councilman Chermak
SPECIAL PRESENTATION
Murray Storm, Assistant Road Commissioner made a presentation with
respect to 10 proposed access routes to the Prima Deshecha Disposal
Site, as listed and described on a preliminary cost estimate sheet
filed with the Council.
Mr. Storm stated that the common criteria used as a basis for evalu-
ating the ten routes were: 1. The road should be at least three
lanes wide; 2. The maximum grade should not exceed 7%; and 3. The
curves should have a minimum of 1500 to 2,000 -foot radii.
Mr. Storm said, further, that some of the alternatives are in a more
strategic location for future development, with reference to an addi-
tional site to the north; that there is an ultimate projection of 100
trash trucks:engaging in daily use of the route(s); that the con-
struction cost figure would not include Ortega improvements.
In response to the request for an expression of preference from
Council, Councilman Chermak suggested that proposed routes No.'s 2,
6, 8, 9 and 10 be:_eliminated from further consideration, and the
County be requested to concentrate on the remaining five, in terms
of providing Environmental Impact Reports, etc.
Mr. Storm stated that there would be future presentations before the
City Planning Commission and the City Council prior to commencement
of construction. He also indicated that an effort would be made to
obtain State participation in the improvement of Ortega Highway, in
the event that becomes an approved route.
Mayor Byrnes said that good long-range planning would include pro-
vision for a secondary access route, so there would be one
approaching from the north and one from the south.
Mr. Storm responded that there will be a requirement for several
routes when the landfill has been completed and the area opened for
recreational use; however, all routes will require approval from the
affected local agencies.
The Assistant Commissioner emphasized the private character of the
roads, advising that all would be appropriately fenced and gated.
He. said that the County would finance the construction of all approved
routes, with the understanding that the City would provide the necessa:
rights-of-way. He indicated that there is no provision for reimburse-
ment to the City for "wear and tear" on City streets.
It was stated that the City of San Clemente has refused consideration
of a disposal site access route through that City.
Mr. Storm advised that the County would like to start operating at
the Prima Deshecha site this summer because the Forster site has
reached the point where further use is actually ecologically damaging.
The Mayor expressed appreciation to Mr. Storm for his enlightening
presentation.
ORDINANCES, RESOLUTIONS
1. RESOLUTION NO. 74-2-11-1: A RESOLUTION OF THE CITY COUNCIL OF THEi.
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE CANVASS Me
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 5th DAY OF MARC
1974, TO BE MADE BY THE CITY CLERK OF THE CITY OF SAN JUAN CAPIS�:.
TRANO was read by title by the City Attorney.
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City Council Minutes
February 11, 1974
Page 3
ORDINANCES, RESOLUTIONS (Cont'd)
It was moved by Councilman Weathers, seconded Councilman Thorpe,
and unanimously carried to adopt Resolution No, 74-2-11-1,
2. RESOLUTION NO. 74-2-11-2: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO ADOPTING AMENDMENTS TO GUIDELINES
FOR ENVIRONMENTAL IMPACT REPORTS DATED APRIL 5, 1973 was read by
title by the City Attorney.
It was moved by Councilman Cherml'. seconded by Councilman Weathers,
and unanimously carried to adopt volution No. 74-2-11-2.
3. ORDINANCE NO. 259: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO ESTABLISHING AND ADOPTING BY REFERENCE THE
1973 UNIFORM FIRE CODE, with amendments, was given FIRST READING
by the City Attorney.
It was moved by Councilman Thorpe, seconded by Councilman Weathers,
and unanimously carried to INTRODUCE Ordinance No. 259. (NOTE:
Second Reading thereof is scheduled for the Regular Meeting of
February 25, 1974).
4. RESOLUTION NO. 74-2-11-3: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO EXTENDING THE DATE FOR RECEIPT
OF REPORT FROM THE COMMITTEE TO STUDY THE IMPACT OF PLANNED
DEVELOPMENTS was read by title by the City Attorney.
It was moved by Councilman Gammell, seconded by Councilman Thorpe,
and unanimously carried to adopt Resolution No. 74-2-11-3.
Jack Rothrock, Chairman of the Planned Development Committee, stated
that a time extension to March 25th would be adequate for completion
of the study by the Committee.
Mayor Byrnes recessed the meeting at
convened by Mayor Pro -Tem Weathers at
Gammell, Thorpe and Weathers present.
8:56 p.m.
COMMUNICATIONS - WRITTEN
8:45 p.m. The meeting was re -
8:55 p.m. with Councilmen Chermak,
Mayor Byrnes was seated at
1. A letter from D. A.Clarke, Glendale Federal Savings, with refer-
ence to two-way communication with the City in matters of mutual
interest, was ordered received and filed.
PLANNING COMMISSION MATTERS
Following a brief discussion with respect to the degree
the City may have discretion with.respect to the development
tial shopping centers, the Mayor ordered the pertinent staff
received and filed.
ADMINISTRATIVE
1. SCHOOL SITE - ORTEGA DEVELOPMENT
to which
of commer-
report
With respect to a proposed School Site Agreement,•the City Attor-
ney, in his Memorandum of February 7, 1974, recommended specific re-
visions in the language thereof. Staff was directed to bring back
to Council a revised agreement limited to fulfillment of the school
site requirements.
2. CITY ENGINEER'S REPORT RE: (a) CAMINO CAPISTRANO STORM DRAIN:
C MINO CAPISTRANO IMPROVEMENT DISTRICT
Following a brief discussion with respect to a bicycle route
across the bridge on Del Obispo; The Mayor ordered said reports re-
ceived and filed.
3. TREASURER'S REPORT ON 1911 ACT DELINQUENCIES
Said report was ordered received and filed, by the Mayor.
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City Council Minutes
February 11, 1974
Page 4
ADMINISTRATIVE (Cont'd)
4. IRREVOCABLE OFFER TO CONVEY EASEMENT FOR RECREATIONAL TRAIL
PURPOSES Tract No. 8325 - Sun Hollow
Councilman Gammell asked that Council be furnished with a map
relating to matters where location is part of the consideration.
Staff advised that the trail, when alignment has been established,
will consist of a ten -foot wide easement.
It was moved by Councilman Thorpe, seconded by Councilman Chermak,
and unanimously carried that the City accept the irrevocable offer
to convey easement for recreational trail purposes and authorize
the City Clerk to certify acceptance of an irrevocable offer only.
5. CAMPAIGN F.XPENDUTURE LIMITATIONS
ORDINANCE NO. 260: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO AMENDING ORDINANCE NO. 245 RELATING TO THE
MAXIMUM EXPENDITURES FOR MUNICIPAL ELECTIONS was read by title
only by the City Attorney. (Because this ordinance pertains to
elections, it requires only one reading and becomes effective
immediately).
It was moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried to amend said Ordinance No. 260, in Section 1
thereof to delete the words: "residing in the City at the last general
elections." and also the last sentence of said Section; and to sub-
stitute the following language: "at the close of registration for
said election."
It was moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried to adopt Ordinance No. 260 as amended.
CONSENT CALENDAR MATTERS
1. CEDU, FOUNDATION, INC.
It was moved by Councilman Weathers, seconded by Councilman Thorpe
and unanimously carried to approve the amended request from the CEDU
Foundation, Inc. to solicit for funds from March 15 to April 15, 1974.
COMMITTEE REPORTS
1. ENERGY SUPPLY STUDY COMMITTEE
Councilman Weathers reported that the County is incorporating into
the Building Code more restrictive conditions with respect to insu-
lation of structures. Two resolutions which had been prepared for
Council consideration were referred back to the Committee for their
review. Councilman Weathers advised that copies of the Public Utili-
ties Commission ruling with respect to energy conservation would
be made available to -Council Members as soon as they are received.
Councilman Chermak spoke in favor of a greater effort to pursue the
creation and/or development of new sources of energy, with more
emphasis on a positive approach than on curtailment of activities
involving energy usage.
2. CIVIC CENTER SUB -COMMITTEE - No report
WARRANTS
It was moved by Councilman Gammell, seconded by Councilman Chermak,
and unanimously carried to approve Warrants No. 2928 through 3001
and 1911 Act Warrant No. 0128 for a total amount of $124,878.84.
COUNCIL REMARKS
1. Pursuant. to the request of the Mayor in response to a letter
from the San Juan Capistrano Historical Society, it was moved by
Councilman Thorpe, seconded by Councilman Chermak, and unanimously
FEB111974 .
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City Council Minutes
February 11, 1974
Page 5
COUNCIL REMARKS (Cont'd)
carried to support the invitation of the Sar. Juan Capistrano His-
torical Society to the Conference of California Historical Societies
to hold their 1976 Annual Conference in this City.
2. The Mayor asked that the record reflect that he and Councilman
Weathers had been & ,nated at the previous meeting to serve as a
Committee to intervi:_, the candidates for the position of Legislative
Aide.
ADJOURNMENT
There being no further business to be considered, Mayor Byrnes ad-
journed the meeting at 9:35 p.m.
The next regular meeting of the City Council is scheduled for February
25, 1974, at 7:00 p.m., in the City Council Chambers.
oy -J . UYnes, ivl. v. , mayor o
City of n Juan Capistrano
FEB 111974