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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. FEB 111974 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. FEB 11UN- LIP 07 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. FEB 1 11974 11710 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 . 71 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