74-0325_CC_Minutes_Regular MeetingMARCH 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, led by Mayor Byrnes and Miss
Nancy Garcia,.who with her parents was a special guest of the City
Council.
Invocation was given by Councilman James K. Weathers.
ROLL CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor
James K. Weathers, Mayor Pro Tem
Yvon O. Heckscher
Douglas B. Nash
John B. Sweeney
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 25 and March 11, 1974
be approved as submitted.
The following corrections were offered with respect to the Minutes of
the Adjourned Regular Meeting of March 12, 1974:
With respect to the nomination of Roy L. Byrnes as Mayor, it was noted
that the Minutes should reflect a motion by Councilman Sweeney, with
the second by Councilman Weathers.
With respect to the Roll -call vote for the Election of Mayor Pro Tem,
it was advised that the Minutes should reflect an AYE vote by,,
Councilmen Byrnes, Heckscher, Nash and Sweeney.
There being no further corrections or amendments, Mayor Byrnes
ordered the Minutes of the Adjourned Regular Meeting of March 12, 1974
approved as corrected.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Weathers, seconded by Councilman Sweeney,
and unanimously carried to read all Ordinances and Resolutions by
title only.
PUBLIC HEARINGS
1. ESTABLISHMENT OF A DRAINAGE FEE FOR AREA LO1-S02
This matter had been given legal notice in a newspaper of
general circulation within the City, as required by law; posted in
the three locations prescribed by Resolution No. 74-1-28-4; and
mailed to concerned property owners.
Council had before them the report of the City Engineer, dated
February 25, 1974 and a letter from Morris Misbin, President,
Darmi, Inc., dated March 25, 1974, in which he requested a continu-
ation of this Public Hearing, to allow him the opportunity to meet
with Staff to determine a proper evaluation, distribution and imple-
mentation of said program.
Mayor Byrnes opened the Public Hearing; and there being no response,
he declared the public hearing closed, subject to reopening at any
time.
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March 25, 1974
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There being no futthe: dscussion, the Mayor ordered the Public
Hearing with respect to the Establishment of a Drainage Fee for
Area LO1-S02 continued to the Regular Meeting of April 8, 1974, at
7:00 p.m.
2. ENVIRONMENTAL IMPACT REPORT 74-1: RZ 73-111 and RZ 73-119
Mayor Byrnes opened the Public Hearing; and there being no
response, he ordered the Public Hearing closed, subject to reopen-
ing at any time.
It was moved by Councilman Nash and seconded by Councilman Sweeney
to accept Environmental Impact Report 74-1. Motion was carried
with the following roll -call vote:
AYE: Councilmen Byrnes, Nash, Sweeney and Weathers
NAY: Councilman Heckscher
ABSENT: None
3. REZONE 73-111 and REZONE 73-119
These matters having been duly advertised as required by law,
Mayor Byrnes opened the public hearing.
Milton L. Long, 28333 Ortega Highway, who had filed a letter of pro-
test to the proposed rezoning, spoke in opposition.
Wyatt Hart, 28451 Ortega Highway, also spoke in opposition to the
proposed rezones. He took particular exception to cantilevered
homes, which he felt to be a real detriment.
Nancy Taftly spoke in opposition.
Bruce Swartout and Steven Anthony addressed the Council requesting
that their applications be considered revised to request E-1-.4
Zone Designation which they support.
Elmer Christiansen advised Council that the stockholders of the
Capo Ranches were in attendance and that they had unanimously
agreed to support the Planning Commission's recommendation for
a rezone to E-1-.4 which would yield lots averaging 2.5 acres.
Dr. Irvin Watkins, Capo Ranches, spoke in favor of the lower density.
It was noted that Richard F. Holt, Jr, and Harrison J. Giddings had
filed protests against the proposed rezoning.
Mayor Byrnes closed the public hearings reserving the right to
re -open at at any time.
ORDINANCE NO. 261: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JJAN CAPISTRANO AMENDING PRECISE ZONING MAP ADOPTED BY
ORDINANCE NO. 115, SECTION 3.01.3 TO BE DESIGNATED RZ 73-111,
AMENDMENT NO. 33 was read by title by the City Attorney.
It was moved by Councilman Weathers, and seconded by Councilman
Sweeney to introduce Ordinance No. 261. Motion carried with the
following roll -call vote:
AYE: Councilmen Byrnes, Nash, Sweeney and Weathers
NAY: Councilman Heckscher
ABSTAIN: None
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March 25, 1974 i
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3. REZONE 73-111 and REZONE 73-119 (Cont'd)
ORDINANCE NO. 262: 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 73-119,
AMENDMENT No. 34 was read by title by the City Attorney.
It was moved by Councilman Weathers and seconded by Councilman
Sweeney to introduce Ordinance No. 262. Motion was carried with
the following roll -call vote:
AYE: Councilmen Byrnes, Nash, Sweeney and Weathers
NAY: Councilman Heckscher
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT FOR HEALTH DEPARTMENT OFFICE SPACE
Pursuant to the City Manager's Memorandum of March 20, 1974,
it was moved by Councilman Sweeney, seconded by Councilman Nash,
and unanimously carried to approve AGREEMENT for HEALTH DEPARTMENT
OFFICE SPACE in City Hall for one County Health Department employee,
said agreement to continue in effect until terminated by either
party by thirty -day written notice.
2. EXTENSION OF AGREEMENT FOR CITY CLERK SERVICES
It was moved by Councilman Heckscher, seconded by Councilman
Nash, and unanimously carried to extend the January 2, 1974
Agreement with Jo Bennitt for City Clerk services for a period
to and including April 30, 1974, subject to the following
modifications: Reduction in hours of employment from 40 hours
per week to 36 hours per week and reduction in monthly compensation
from $1400.00 per month to $1260.00 per month.
3. FINAL REPORT - CASITAS-CAPISTRANO STORM DRAIN (ROCKPORT
CONSTRUCTION)
RESOLUTION NO. 74-3-25-1: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE CASITAS CAPISTRANO STORM
DRAIN FACILITY - JOB 7324 IN ACCORDANCE WITH CONTRACT ENTERED INTO
BETWEEN ROCKPORT CONSTRUCTION COMPANY AND THE CITY OF SAN JUAN
CAPISTRANO was read by title by the City Attorney.
It was moved by Councilman Weathers, seconded by Councilman Sweeney,
and unanimously carried to adopt Resolution No. 74-3-25-1.
4. CHANGE ORDER NO. 2 - CASITAS-CAPISTRANO STORM DRAIN (ROCKPORT
CONSTRUCTION)
Pursuant to the Public Works Director's Memorandum of March 19,
1974, it was moved by Councilman Sweeney, seconded by Councilman
Nash, and unanimously carried to approve Change Order No. 2 for
decrease in contract price of $52.75.
ORDINANCES, RESOLUTIONS
RESOLUTION NO. 74-3-25-2: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO RECOGNIZING SAN JUAN CAPISTRANO ART
ASSOCIATION was read by title by the City Attorney.
It was moved by Councilman Weathers, seconded by Councilman Nash,
and unanimously carried to adopt Resolution No. 74-3-25-2.
SUBDIVISIONS, ANNEXATIONS
1. TENTATIVE TRACTS 7673, 8485, 5126 - SCHOOL SITE
Discussion centered on the effect of Item 4, page 3, of the
agreement between the developers and the Capistrano Unified
School District.
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CITY COUNCIL MINUTES
March 25, 1974
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SUBDIVISION, ANNEXATIONS (Cont'd)
TENATIVE TRACTS 7673 8485 5126 - SCHOOL SITE (Cont'd)
Bob Maurer stated that the amended agreement had been prepared
in good faith and executed by all parties. He requested further
direction from the City Council, and an opportunity to meet with
Council Members concerning this matter.
It was moved by Councilman Heckscher, seconded by Councilman Nash
to continue this matter to April 8, 1974. Motion was carried with
the following roll -call vote:
AYE: Councilmen Heckscher, Nash and Byrnes
NAY: Councilmen Sweeney and Weathers
ABSENT: None
The Planning Director advised that he would prepare for the
next Regular meeting a history and chronological report with
respect to thesethree maps. Councilman Nash requested a copy of
each Tentative Map also.
2. TENTATIVE TRACT 7616 (Westport)
Following a brief discussion, it was moved by Councilman
Weathers and seconded by Councilman Sweeney, and unanimously
carried to direct the Director of Planning to work out a land-
scaping plan with developer that would involve some compensation
for the violation of Condition 30 of the Tentative Map 7617
and that the matter be brought back at such time as a satisfactory
solution has been devised.
3. TENTATIVE TRACT 5996 (Cunningham)
In accordance with the Memorandum of the Director of Planning
dated March 25, 1974, it was moved by Councilman Sweeney, seconded
by Councilman Weathers, and unanimously carried to accept an
extension of processing time from the applicant and direct Staff
to place this item on the April 22 Agenda for Council consideration.
4. DOL -104: LETTER FROM CAPISTRANO DEVELOPMENT
Pursuant to a request from Capistrano Development Co., Inc.
it was moved by Councilman Weathers, seconded by Councilman Nash,
and unanimously carried to approve DOL 73-104, subject to terms
and conditions 1 through 12 set forth in the Planning Director's
pertinent Staff Report dated March 25, 1974.
COMMUNICATIONS - WRITTEN
1. PRESERVATION OF PEPPER TREE ON SPRING STREET
In response to a letter from. Rex Wheeler, dated February 23,
1974, it was moved by Councilman Sweeney, seconded by Councilman
Heckscher, and unanimously carried to direct staff to assist the
school district with technical advice to accomplish the restoration
of said pepper tree.
2. CINCO DE MAYO CELEBRATION
Pursuant to an oral presentation by Marilyn Williams, it was
moved by Councilman Weathers, seconded by Councilman Sweeney, and
unanimously carried to guarantee the cost for bringing in a
rodeo as part of the celebration, up to $3500.00.
3. CITIZENS WATER BOND COMMITTEE REPORT RE PROPOSITION W
There being no objections, Mayor Byrnes ordered this matter
deferred to the Regular Meeting of April 8, 1974.
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March 25, 1974
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COMMUNICATIONS - ORAL
Captain Jack Rothrock, 32802 Avenida de la Vista, requested a
reconsideration of the No Parking Zone on Oso between Camino
Capistrano and Avenida de la Vista. Staff directed the Director
of Public Works to prepare a report on this matter for the next
Regular Meeting, April 8, 1974.
Mayor Byrnes declared recess at 9:08 p.m.
Mayor Byrnes reconvened the meeting at 9:17 p.m., with all five
Councilmen present.
PLANNING COMMISSION MATTERS
1. FLOOD PLAIN ZONING
It was moved by Councilman Heckscher, seconded by Councilman
Weathers, and unanimously carried to approve Staff Recommendation
dated March 25, 1974 to support the County's action to provide
flood plain zoning along the San Juan Creek, but suggest that
they apply the Flood Plain -2 Zone only to those properties between
the intermediate and standard project floods and that they apply
FP -1 zoning to all that land within the intermediate flood
designation.
Staff was directed to represent the City at the public hearing.
ADMINISTRATIVE
1. APPLICATION TO SOLICIT FUNDS - PRIDE, INC.
It was moved by Councilman Weathers, seconded by Councilman
Heckscher to approve the application of Pride, Inc. to solicit
funds, limited to a 30 -day period in one year. Motion failed to
carry with the following roll -call vote:
AYE: Councilmen Weathers and Heckscher
NAY: Councilmen Byrnes, Nash and Sweeney
2. IMPACT OF PLANNED DEVELOPMENTS - STUDY COMMITTEE REPORT
Mrs
Mayor Byrnes expressed, on behalf of the City, sincere ap-
preciation to Captain Jack Rothrock and the members of his committee
for the thoroughness and excellence of the report which had been
filed. Said Committee was discharged as having completed the task
for which they had been appointed.
It was moved by Cbuncilman Nash, seconded by Councilman Heckscher,
and unanimously carried to refer the aforesaid Planned Development
Report to Staff for analysis and further report.
3. TREASURER'S REPORT ON CASH BALANCE AND INVESTMENTS, Feb. 28, 1974
There being no objections, Mayor Byrnes ordered said report re-
ceived and filed.
4. DEED FOR SLOPE AND SIDEWALKS, TRACT 8325
Pursuant to the City Engineer's Report dated March 19, 1974,
it was moved by Councilman Weathers, seconded by Councilman Nash,
and unanimously carried to accept the Easement for Slope and Side-
walks, Tract 8325 (Portion of Tentative Tract 7626) and to authorize
the City Clerk to certify the acceptance thereof.
5. RECOMMENDED INCREASE IN DRAINAGE FEES
Staff was directed to give proper legal notice for a Public
Hearing to be set for this proposal on April 8, 1974, at 7 p.m.
in_the..City Council Chambers.
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ADMINISTRATIVE (Cont'd)
6. TRABUCO CREEK FLOOD PROTECTION REPORT NO. 7
There being no objections, Mayor Byrnes ordered the aforesaid
report received and filed.
7. SIDEWALKS ON DOHENY PARK ROAD - JOINT PROJECT WITH ORANGE COUNTY
In accordance with the Public Works Director's Memorandurii'bf
March 19, 1974, it was moved by Councilman Nash, seconded by
Councilman Weathers, and unanimously carried to authorize the
Director of Public Works to cooperate with the County of Orange
to obtain the construction of sidewalk, and authorize the City
Manager to transfer $600 from the Contingency Fund to the
Street Maintenance Fund.
PARKS AND RECREATION
1. APPLICATION FOR BIKE TRAIL FUNDS UNDER SB 821
It was moved by Councilman Heckscher, seconded by Councilman
Nash, and unanimously carried to Direct Staff to submit an appli-
cation for Local Transportation Fund Allocation for fiscal year
1974-1975, said monies to be applied to development of bikeway
facilities.
COMMITTEE REPORTS
1. ENERGY SUPPLY STUDY COMMITTEE
RESOLUTION NO. 74-3-25-3: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO REQUESTING BUILDING CODE
MODIFICATIONS FOR CONSERVATION OF ENERGY was read by title
by Councilman Weathers.
It was moved by Councilman Weathers, seconded by Councilman
Heckscher, and unanimously carried to adopt Resolution No. 74-3-25-3.
RESOLUTION NO. 74-3-25-4: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO IN SUPPORT OF THE PUBLIC
UTILITIES COMMISSION ORDER NO. 82305, URGING ITS COMMERCIAL
AND INDUSTRIAL COMMUNITIES TO IMPLEMENT POSITIVE MEASURES
TO CONSERVE OUR ENERGY RESOURCES was read by title by
Councilman Weathers
It was moved by Councilman Weathers, seconded by Councilman
and unanimously carried to adopt Resolution No. 74-3-25-4.
WARRANTS
It was moved by Councilman Sweeney, seconded by Councilman Heckscher,
and unanimously carried to approve Warrants No. 3136 through 3225
in the total amount of $43,008.43.
COUNCIL REMARKS
Mayor Byrnes Proclaimed Friday, March 29th as VIET NAM VETERANS' DAY.
Mayor Byrnes directed that the City Council's Legislative Aide,
Elizabeth Riley,be requested to make an effort to locate an orni-
thologist to study the swallows and make a determination as to
what, if anything, may be done to encourage them to continue to
return to San Juan Capistrano annually as they have done in the
past.
Councilman Weathers suggested that said study not be confined to
swallows in view of the expressed intent to have the City and its
environs established as a Bird Sanctuary.
ADJOURNMENT
Mayor Byrnes adjourned the meeting at.10 p.m, to a Personnel
Session.
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City Council Minutes 91
March 25, 1974
Page 7
PERSONNEL SESSION
Mayor Byrnes called the session to order at 10:02 p.m.
The following personnel matters were discussed:
Appointments to City Commissions, Boards and Committees
Employee salary negotiations
No action was taken.
Mayor Byrnes adjourned the meeting at 11:43 p.m.
The next regular meeting is scheduled for Monday, April 8, 1974,
at 7:00 p.m., in the City Council Chambers.
r
.1�
Roy Byrnes, M.D., Mayor
City o San Juan Capistrano
�1 � -x,77
nitt
MAR 251974