74-0223_CC_Minutes_Regular MeetingFEBRUARY 25, 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
Byrnes at 7:00 p.m., in the City Council Chambers.
The Pledge of Allegiance was recited. Invocation was given by George
Madsen, Senior Project Engineer.
ROLL CALL: Councilmen Present: Roy L. Byrnes, Mayor
Edward S. Chermak
Josh Gammell
James F. Thorpe
James K. Weathers
Councilmen Absent: 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
There being no additions or corrections offered, Mayor Byrnes ordered
the Minutes of the Regular Meeting of February 4, 1974 be approved as
submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried to read all Ordinances and Resolutions by title only.
PUBLIC HEARINGS
1. 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 second reading
by the City Attorney.
The Mayor opened the public hearing. There was no response. Mayor
Byrnes closed the public hearing reserving the right to reopen at any
time.
It was moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried to adopt Ordinance No. 259.
2. RESOLUTION NO. 74-2-25-1: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO AMENDING THE PARKS AND RECREATION
ELEMENT OF THE GENERAL PLAN BY REVISING THE PLAN FOR BICYCLE,
EQUESTRIAN AND HIKING TRAILS was read by title by the City Attorney
Mayor Byrnes opened the public hearing.
The Planning Director introduced Larry Lawrence, Assistant Planner, whk
pointed out on display maps the proposed changes in the bicycle and
equestrian trails.
Julius Schnell, 26412 Calle Lucana, on behalf of himself and the
Cyclistas Capistrano, spoke in favor of the bicycle trails and offered
assistance to the City in terms of ideas for the development.
Mayor Byrnes closed the public hearing reserving the right to reopen
at any time.
Mr. Lawrence advised that the plan will probably be considered by the
Board of Supervisors in early April.
It was moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried to adopt Resolution No. 74-2-25-1.
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City Council Minutes
February 25, 1974
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BIDS,,CONTRACTS, AGREEMENTS
1. CAMINO CAPISTRANO IMPROVEMENT DISTRICT CHANGE ORDER - TIME
EXTENSION
It was moved by Councilman Chermak, seconded by Councilman Thorpe,
and unanimously carried to approve Change Order No. 5, allowing a
time extension of 20 days, extending the completion from March 2,
1974 to March 22, 1974, pursuant to the Recommendation of the City
Engineer, dated February 21, 1974.
ORDINANCES, RESOLUTIONS
1. RESOLUTION NO. 74-2-25-2: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO CONSENTING TO THE ENFORCEMENT
OF CERTAIN STATE HEALTH RULES AND REGULATIONS BY THE HEALTH OFFICER
OF THE COUNTY OF ORANGE was read by title by the City Attorney.
It was moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried to adopt Resolution No. 74-2-25-2.
SUBDIVISIONS, ANNEXATIONS
1. TRACT NO. 7262 (LEADERSHIP) - FINAL MAP
It was moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried to accept the Final Tract Map No. 7626, bonds,
fees, easement for temporary road purposes, and authorize the execu-
tion of the Public Improvement Agreement, Tract Map, easement, and
agreement for off-site right-of-way, pursuant to the recommendation
of the City Engineer, dated February 21, 1974.
COMMUNICATIONS - WRITTEN
1. FROM COUNTY ADMINISTRATIVE OFFICER RE: STATE BEACH, PARK
RESOLUTION NO. 74-2-25-4: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO SUPPORTING THE COUNTY OF ORANGE PRIORITY
PLAN OF EXPENDITURE --STATE BEACH, PARK, RECREATIONAL AND HISTORI-
CAL FACILITIES BOND ACT OF 1974 was read by title by the City Attor-
ney.
It was moved by Councilman Weathers, seconded by Councilman Thorpe,
and unanimously carried to adopt Resolution No. 74-2-25-4 and to desig-
nate the funds received for Long Park.
2. LETTER FROM DOUGLAS WHINNERY RE: PRESERVATION OF HISTORICAL
UILDINGS
It was noted that the Citizen's Policy Plan provides for a Heritage
Commission; and Council has said this would be part of the new General
Plan.
PLANNING COMMISSION MATTERS
1. PLANNING COMMISSION ACTIONS
Following discussion on several of the Planning Commission actions
set forth in the report, the Mayor ordered that it be received and
filed.
2. CRITIQUE OF CAPISTRANO VALLEY GENERAL PLAN
Council authorized Mayor Byrnes to sign and send the letter
attached to Planning Staff Report dated February 21, 1974. Said letter
was directed to M. Roy Knaust, Chairman, Orange County Planning Com-
mission, with a copy to the Orange County Board of Supervisors.
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February 25, 1974
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PLANNING COMMISSION MATTERS (Cont'd)
3. SCOPE OF WORK FOR CONSULTANT'S CONTRACT
No action was taken with respect to the Planning Director's Re-
port dated February 21, 1974.
ADMINISTRATIVE
1. CALLE ASPERO IMPROVEMENTS
Council had before them the City Engineer's pertinent report,
dated February 19, 1974.
Richard McMechan, 31841 Paseo Alto Plano, suggested an alternative
not included in the Engineer's report; to wit: developer be required
to pave both sides of the roadway, as an additional condition of tract
approval, under the City's police power.
Possible application of the 1911 Improvement Act was discussed. The
Senior Project Engineer advised that the City has agreements with
two-thirds of the parcels to put in improvements when so directed by
the City; therefore, it would be feasible to apply the 1911 Act.
This would spread payment over ten years.
Staff was directed to prepare cost figures for Council's consideration
at the next regular meeting.
2. SCHOOL SITE - ORTEGA
Council had before them a proposed agreement prepared by the City
Attorney.
There was discussion as to whether or not it is appropriate for the
City to be a party to said agreement.
It was moved by Councilman Weathers, seconded by Councilman Chermak
to approve said agreement. The motion was not carried.
ROLL CALL: AYE: Councilmen Chermak and Weathers
NAY: Councilmen Byrnes, Gammell and Thorpe
It was moved by Councilman Thorpe, seconded by Mayor Byrnes and
unanimously carried to adopt RESOLUTION NO. 74-2-25-3: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ACKNOWLEDGING
THAT THE PROPOSED AGREEMENT BETWEEN DEVELOPERS AND SCHOOL DISTRICT
RELATING TO A SCHOOL SITE ALONG ORTEGA HIGHWAY SATISFIES THE CITY'S
CONCERN PREVIOUSLY EXPRESSED IN CONNECTION WITH DENIAL OF TENTATIVE
TRACTS 7673, 8485 and 5126.
3. COMMUNITY COUNSELING CENTER
IN
Councilman Thorpe urged some statement that this service has been
added to the City's list of recognized charities, in view of the
fact that it has the backing of the Orange County Development Council,
which is a strong community -participation type operation with community
people sitting on the Board of Directors.
The City Manager was directed to invite a representative of the
Counseling Center to be available for questions at the next regular
meeting; and the City Attorney was directed to prepare a Resolution
incorporating thoughts to.the effect that the problems of alcoholism
and drug abuse are County -wide, and citizens benefit by local avail-
ability of guidance in these matters; therefore, the City Council
recognizes the Community Counseling Center as filling a local commu-
nity need in giving service to its citizens.
4. CITY TREASURER'S REPORT: CASH BALANCE AND INVESTMENTS JANUARY
7
Said report was ordered received and filed.
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ADMINISTRATIVE (Cont'd)
5. REQUEST FOR WAIVER OF CONDITIONS OF APPROVAL - STRAUB INDUSTRIAL
P RK
Following discussion, the Director of Public Works was requested
to prepare an Agreement and Waiver for consideration at the next
regular meeting.
6. DIVISION OF HIGHWAYS SURPLUS PROPERTY
No action was taken pending seating of new Council.
PARKS AND RECREATION MATTERS
1. SERRA PARK DEVELOPMENT - AUTHORIZATION TO PREPARE BID DOCUMENTS
Staff was directed to prepare bid specifications for Council con-
sideration on March 25, 1974.
COMMITTEE REPORTS
1. CIVIC CENTER SUB -COMMITTEE
Councilman Chermak stated preference for the following sites,
without precluding further consideration of any locations originally
presented for study:
1.(a) Williams-Vermuelen
2.(i) San Juan Creek Road -La Novia
3.(b) Los Rios -Ito Nursery to Impound Yard
Councilman Weathers urged serious consideration of the Zaenglein
property.
No action was taken.
WARRANTS
It was moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried to approve Warrants No. 3003 through No. 3053
and 1911 Act Warrant 0129, for a total amount of $34,969.95.
COUNCIL REMARKS
1. Councilman Thorpe expressed the opinion that World Repair re-
cycling operation be advised of a date after which the City would no
longer be supportive, because commercial recycling is becoming more
economically feasible.
The City Manager advised that the City's contract with World Repair
would be coming to Council for renewal on March 11, 1974.
Walter Jobson, representing World Repair, told Council it would
probably require a three-year time span for debt clearance by the
non-profit corporation.
2. Councilman Thorpe advised Council he will attend Intergovernmental
Coordinating Council of Orange County, on Wednesday, February 26th,
and will vote in support of the Modified Growth Policy Report of the
Orange County Planning Commission.
3. Councilman Weathers reported on the interview of candidates for
position of Legislative Aide, by Mayor Byrnes and himself on Saturday,
February 23rd.
4. Councilman Weathers expressed concern over lack of control with
respect to fund-raising solicitation within the City, noting par-
ticularly the practice of sending an envelope through the mail, with
a request that it be passed from house to house.
The City Manager advised of preemption by federal law over such use
of the mails, and proposed a greater effort to educate the citizens
in this regard. FEB251174
QUIN.CIL REMARKS (Cont'd)
City Council Minutes
February 25, 1974
Page 5
5. In response to Councilman Gammell's question about the City's
status as far as gasoline is concerned, the Director of Finance re-
ported that the contract with Standard Oil was not renewed; therefore
the City is receiving gasoline on a month-to-month basis, with an
allocation of 100% of the 1972 supply.
ADJOURNMENT
The agenda having been completed, Mayor Byrnes adjourned the meeting
at 10:18 p.m, to a Personnel Session in the Council Chambers.
PERSONNEL SESSION
Following deliberation, it was moved by seconded
by , to appoint Elizabeth Riley as part-
time Legislative Aide for City Council, subject to confirmation
pending reference checks, with compensation for her services estab-
lished at $3.00 per hour.
ROLL CALL: AYE: Councilmen Byrnes, Gammell, Thorpe and Weathers
NAY: Councilman Chermak
Mayor Byrnes adjourned the Personnel Session at 10:36 p.m.
The next Regular Meeting of the City Council is scheduled for
March 11, 1974, at 7:00 p.m., in the City Council Chambers.
ATTEST:
y L. Bnes, M.U., mayor ox
City orSan Juan Capistrano
FEB 251974