74-0408_CC_Minutes_Regular MeetingM
APRIL 8, 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 7:10 p.m., in the City Council Chambers.
The Pledge of Allegiance was recited, led by Mayor Byrnes.
Invocation was pronounced by Councilman John B. Sweeney.
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
Mayor Byrnes directed that paragraph 4 on Page 4 of the Minutes of
the Regular Meeting of March 25, 1974 be deleted. There being no
further amendments or additions, said Minutes were ordered approved
with the aforesaid deletion.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Weathers, seconded by Councilman Heckscher,
and unanimously carried that all ordinances and resolutions be read by
title only.
SPECIAL PRESENTATION
Mayor Byrnes presented framed Resolutions of Appreciation and appro-
priately inscribed City plaques to former Councilmen Edward S. Chermak
and James F. Thorpe in recognition of their great service to the com-
munity. Former Councilman Josh Gammell was not present to receive
similar commemorative awards.
PUBLIC HEARINGS
1. ESTABLISHMENT OF DRAINAGE FEES FOR AREA L01 -S02
1. This matter had been duly advertised and posted as required
by law, with mailed notification to individual property owners affected.
Mayor Byrnes opened the public hearing. No one came forward. A letter
had been filed by Morris Misbin, President of Darmi, Inc., in which
he had expressed his intent to cooperate in the proposed program.
The Mayor closed the public hearing, withthe right to reopen at any
time.
RESOLUTION NO. 74-4-8-1: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO ADOPTING AN AMENDMENT TO THE MASTER PLAN
OF DRAINAGE (L01 -S02) was read by title.
It was moved by Councilman Weathers, seconded by Councilman Sweeney,
and unanimously carried to adopt Resolution No. 74-4-8-1, with the
addition of the clause "...and does hereby establish a drainage fee
of $1,020 per gross acre.""
2. INCREASE IN DRAINAGE FEES
This matter had been duly advertised as required by law and
posted in three public places.
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2. INCREASE IN DRAINAGE FEES (Cont'd)
Mayor Byrnes opened the public hearing and, there being no
response, the public hearing was closed with the right to reopen at
any time.
Following a brief discussion with respect to the adequacy of the
proposed rate increase of. 45%, there was consensus that it should
be approved based on the concurrence and recommendation of the Orange
County Flood Control District, together with the provision for
periodical review.which had been incorporated into the proposed
resolution.
RESOLUTION NO. 74-4-8-2: A RESOLUTION OF THE CITY COUNCIL OF TETE
CITY OF SAN JUAN CAPISTRANO ADOPTING REVISED SCHEDULE FOR DRAINAGE
FEES (With an effective date of May 1, 1974) was read by title.
It was moved by Councilman Sweeney, seconded by Councilman Weathers,
and unanimously carried to adopt Resolution No. 74-4-8-2.
BIDS, CONTRACT AND AGREEMENTS
1. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR
SERRA PARK
Pursuant to the Planning Director's Staff Report of April 8,
1974, it was moved by Councilman Weathers, seconded by Councilman
Nash and unanimously carried to approve the plans and specifications
for Serra Park and to direct the City Clerk to advertise for bids.
2. AWARD OF CONTRACT: DEL OBISPO IMPROVEMENTS (AHFP 686)
In accordance with the Public Works Director's Memorandum of
April 4, 1974, it was moved by Councilman Sweeney, seconded by
Councilman Weathers, to accept the low bid from the Griffith
Company in the contract amount of $43,342.80 for unit prices bid,
and to .reject all other bids. It was moved further to authorize the
City Manager to allocate an additional $6,000 from the Gas Tax Fund to
this project. Motion carried with a unanimous affirmative vote.
3. FINAL REPORT OF CONSTRUCTION - CAMINO CAPISTRANO IMPROVEMENT
DISTRICT `
There being no objections, the City Engineer's Staff Report
dated April 4, 1974 was ordered received and filed.
4. CAMINO CAPISTRANO IMPROVEMENT DISTRICT CHANGE ORDER
In accordance with the Public Works Directors Memorandum of
April 2, 1974, it was moved by Councilman Heckscher, seconded by
Councilman Nash, and unanimously carried to approve Change Order
No. 7 to Sully Miller Contracting Company, in the amount of
$2,555.43.
ORDINANCES, RESOLUTIONS
1. ORDINANCE NO. 261: 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 73-111, AMEND-
MENT NO. 33 was read by title by the City Attorney, for the second
time.
Councilman Nash suggested that in future the following numerical
format be applied to zoning designations: 1-0.4. There was concurrence.
Councilman Weathers moved to give second reading to Ordinance No. 261.
Councilman Nash Seconded the motion.
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CITY COUNCIL
April
ORDINANCES, RESOLUTIONS (Cont'd)
MINUTES UxQ
8, 1974
Page 3
Councilman Nash moved to amend Ordinance No. 261 to require a mini-
mum lot size of 2.5 acres. Councilman Sweeney seconded the amendment,
which carried with the following roll -call vote:
AYE: Councilmen Byrnes, Heckscher, Nash and Sweeney
NAY: Councilman Weathers
Motion to give second reading, amended to re -introduce Ordinance No.
261 as modified, carried with a unanimous affirmative vote.
(Note: Ordinance No. 261 as amended, will be given a final reading
and adopted on April 22, 1974)
2. 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.
Councilman Nash moved to give second reading to Ordinance No. 262.
Councilman Heckscher seconded the motion.
Councilman Nash moved to .amend Ordinance No. 262 to require a mini-
mum lot size of 2.5 acres. Councilman Sweeney seconded the motion,
which carried with the following roll -call vote:
AYE: Councilmen Byrnes, Heckscher, Nash and Sweeney
NAY: Councilman Weathers
Motion to give second reading, amended to re -introduce Ordinance No.
262 as modified, carried with a unanimous affirmative vote.
(Note: Ordinance No. 262, as amended, will be given a final reading
and adopted on April 22, 1974)
3. RESOLUTION NO. 74-4-8-3: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO EXPRESSING OPPOSITION TO THE
DEFINITION OF "RESPONSIBLE LOCAL OFFICIAL" IN THE FEDERAL AIR -
HIGHWAY ACT OF 1973 was read by title.
It was moved by Councilman Sweeney, seconded by Councilman Nash,
and unanimously carried to adopt Resolution No. 74-4-8-3
and to direct staff to transmit a copy to the Department of
Transportation and to all concerned Congressmen and Senators.
SUBDIVISIONS, ANNEXATIONS
1. FREDRICKS DEVELOPMENT CORPORATION REQUEST FOR EXEMPTION
FROM DEFERRAL PERIOD
In accordance with the Planning Director's Staff Report of
April 8, 1974, it was moved by Councilman Weathers, seconded by
Councilman Nash to deny the request of Fredricks Development Corpor-
ation for exemption from Deferral Period with respect to a 33.7 -
acre parcel of land adjacent to San Juan Hills Golf Course. Motion
carried with a unanimous affirmative vote.
2. WALTER RICHARDSON ASSOCIATES (GLENDALE FEDERAL DEVELOPMENT
PLAN) - REQUEST TO MAKE PRESENTATION
Pursuant to the City Manager's Memorandum of April 2, 1974,
it was moved by Councilman Nash and seconded by Councilman Sweeney
to decline the offer for a presentation, but to indicate to Walter
Richardson Associates that the City will consider a presentation
after the Planning Commission has been duly constituted and properly
oriented. Motion carried with the following roll -call vote:
AYE: Councilmen Byrnes, Heckscher, Nash and Sweeney
NAY: Councilman Weathers.
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April 8, 1974
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SUBDIVISIONS, ANNEXATIONS (Cont'd)
3. TENTATIVE TRACTS 5126, 7673 and 8485
Following discussion regarding the status of Tentative Tract
5126 (Maurer), former Councilman James F. Thorpe addressed the
Council.
Fie recalled that Council had attempted to take a project with
a detrimental environmental impact report and provide some
situations whereby it might be interpreted that the EIR might
be changed. One negative aspect was the effect on the school
system. Council arrived at a proposal that, if acceptable to
the school district, would have removed the detrimental EIR
to the greatest extent possible.
He suggested that the new City Council might want to listen
to the tape with respect to discussion on the Ortega Highway.
With respect to the detrimental EIR on this account, one
possibility was that the State would move up its work schedule
one year if the City obtained right-of-way.
In other words, the developer was given an opportunity to remove
the detrimental EIR. He expressed the feeling that the developers
have demonstrated good faith, and that the burden now falls on
the City ... he suggested calling in the Supervisor, the Assembly-
man and the State Senator to help in the solution of the highway
problem.
George White, President, School Board, expressed the great need
to preserve school sites wherever possible.
Joseph Wimer, School District Administrator, responded to
questions.
Mayor Byrnes declared recess at 9:07 p.m.
The meeting was reconvened by Mayor Byrnes at 9:18 p.m. with
all five Councilmen present.
Mrs. Richard Newcom expressed the thought that the way to
force the improvement of the Ortega Highway is to build tracts.
MOTION: It was moved by Councilman Sweeney, seconded by
Councilman Weathers to find, in accordance with the Planning
Director's Staff Report of April 8, 1974, that the School Site
Agreement satisfied Conditions I-0 of Tract 5126.
Bob Maurer (Woodside) stated that he had made every effort to
satisfy requirements for a school site.
Councilman Weathers concurred in Mr. Thorpe's expression that
it is time for the City to assume a leadership role in achieving
improvements to Ortega Highway. He questioned County's attitude
as stated on April 1, 1974 by Murray Storm, that an interim
development of three lanes would be infeasible. It was his feel-
ing that the development of the highway, once undertaken, would
progress with greater speed than the development of the tracts.
Mayor Byrnes suggested that the 'County might be expected to
participate with respect to the La Pata route to the Prima
Deshecha Disposal Site.
ROLL CALL:
XIE—Z`.-ouncilmen Byrnes, Hee'-.,;cher, Nash, Sweeney and Weathers
NAY: None
MOTION: With respect to Tentative Tract 7673, Councilman Sweeney
movei—that previous denial be sustained; i.e. denied without
prejudice, on the basis that the current and projected traffic
conditions on the Ortega Highway, specifically made known to
the City since this map was initially considered --the Owens-
Illinois Facility, Starr Ranch and the Prima Deshecha Disposal
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CITY COONCIL MINUTy
April 8, 19710 J
Page 5
Site (using the preferred La Pata route) will pose serious threats
and a distinct hazard to public health and safety.
Councilman Nash seconded the motion.
It was directed that the substance of the aforesaid motion be em-
bodied in a Resolution.
RESOLUTION NO. 74-4-8-4: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO DENYING APPLICATION FOR APPROVAL OF
TENTATIVE TRACT MAP NO. 7673 was deemed to have been read by title.
Bart Pitts, representing Leadership Housing, in re Tract 7673,
advised that said tract would tie together two developed subdivisions,
and would result in additional improvements to the Ortega Highway.
He said, further, that 303 of the traffic would be diverted from
the Ortega Highway onto Calle Arroyo. Mr. Pitts pointed out that the
original problem had been to provide a school site --that has been
provided for; how, a new problem has been raised --the Ortega highway.
He asked for fair treatment for the developers, who had acted in
good faith.
David Langlois, representing Standard Pacific in re Tract 8485,
concurred that the construction of the tracts would in many ways
help to alleviate traffic on Ortega. He said that the Ortega
will continue to be a problem until the ultimate alignment and
improvement has been completed by the State; however, the problem
can be mitigated during the interim by the extension of Calle Arroyo
and the elimination of some of the hazardous curves which contribute
to the low -capacity factor. He suggested that the construction of
the tracts, with the attendant highway improvement, would be a first
step toward the solution of the problems. Mr. Langlois concurred in
the impression that the tracts had been denied only on the basis of _
the school problem which has been dealt with in a manner satisfactory
to all parties. He noted work in progress for over a year.
Bob Maurer also said that the development of the tracts would help
solve some of the traffic problems. He raised the possibility that
the the school site could be in jeopardy as a result of the denial
of the two participating tracts, but indicated his intent to accept
full responsibility and to work that out if at all possible, as
well as the right-of-way problem. He requested guidance from Council.
In response to inquiry, the Planning Director stated that denial of
the tracts at this time would mean that they are dead for all
practical purposes. The City Attorney concurred.
ROLL CALL
AYE: Councilmen Byrnes, Heckscher, Nash and Sweeney
NAY: Councilman Weathers
RESOLUTION NO. 74-4-8-5: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO DENYING APPLICATION FOR APPROVAL OF
TENTATIVE TRACT MAP NO. 8485 was read by title.
Councilman Sweeney moved, seconded by Councilman Nash, to adopt
Resolution No. 74-4-8-5. The motion carried with the following
roll -call vote:
AYE: Councilmen Byrnes, IIeckscher, Nash and Sweeney
NAY: Councilman Weathers
Council noted that the action taken on Tracts 7673 and 8485 was
based on Business and Pr ''essions Code Section 11549.5.
Staff was directed to meet with the developers who still have
active projects in the area, assess the impact of Council's imme-
diate action and come back with a statement of alternatives.
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COMMUNICATIONS - WRITTEN
CITY COUNCIL MINU`T'ES
April 8, 1974
Page 6
1. FROM CITIZENS' WATER BOND COMMITTEE RE PROPOSITION W ON THE JUNE
PRIMARY BALLOT.
There being no objections, this matter was referred to the Water
Board.
2. FROM WILLIAM R. WILLIAMS RE WILLIAMSON ACT
Mayor Byrnes expressed appreciation to Mr. Williams for having
called attention to this important matter. He was advised that the
Planning Staff is working on this and further reports will be made
after the General Plan has been adopted, as part of the General Plan
review.
Councilman Heckscher called attention to AB 2850 through AB 2859,
introduced by Assemblyman John Dunlap, that bear on this issue.
3. FROM SAN JUAN BEAUTIFUL RE PROCLAMATION OF ARBOR DAY
Mayor Byrnes proclaimed April 20th as official Arbor Day for
the City of San Juan Capistrano.
He further proclaimed the month of April to be Boys' Club Month,
and April 21-27 as National Volunteer Week.
4. FROM MILDRED K. PITTMAN RE PARKING ON CAMINO CAPISTRANO
Following a.brief presentation by Mrs. Pittman and Council dis-
cussion, Staff was directed to study the problem as presented and to
bring back a report at the next regular meeting.
COMMUNICATIONS - ORAL
1. Artella Payne inquired about future plans for Camino Capistrano
south of Ortega --she was concerned with the present narrowing from
four lanes to two.
2. Robert Davies concurred that there is a problem, as described
by Mrs. Pittman and Mrs. Payne, which he experiences regularly,
because of the narrowing of the highway.
PLANNING COMMISSION MATTERS
1. ITEMS PENDING BEFORE PLANNING COMMISSION
In reference to the Planning Director's Staff Report of April 8,
1974, Mayor Byrnes suggested that the subject matter of the meetings
of April 29 or 30 and May 7, as set fortis in said report, be inter-
changed.
2. CALIFORNIA DIVISION OF HIGHWAYS MAINTENANCE STATION
Following a presentation by Ronald E. Throp, Land Agent, Depart-
ment of General Services, and Council discussion, Councilman Nash
moved to approve Recommendation No. 1; i.e. to not alter conditions
of approval. unless there has been a change of circumstances (per
Planning Commission recommendation). Councilman Sweeney seconded
the motion which carried with a unanimous affirmative vote.
Staff was directed to work with the office of Senator Dennis
Carpenter, referring to his letter of May 22, 1973, apprising his office
of the events that have occurred.
In response to inquiry, Mr. Throp stated that the proposed f.,. �;.ities
represent 100 employees with a payroll from $1 million to $i.'-Allion.
ADMINISTRATIVE
1. RECONSIDERATION OF "NO PARKING" ZONE ON OSO ROAD
Pursuant to the Public Works Director's Memorandum of April 2,
1974, Councilman Heckscher moved to approve suggested Alternative 2;
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Mr,
CITY COUNCIL MINUT OIL
April 8, 1974
ADMINISTRATIVE (Cont'd) Page 7
i.e. limited parking of two spaces on Oso Road, with a review after
six months.
Councilman Nash seconded the motion.
The Public works Director advised that the enforcement hours for
such posted regulations are from 9 a.m. to 6 p.m.
Following discussion, Councilman Heckscher amended his motion as
follows: On.a trial basis, for six months, provide for unlimited
parking, with a review at the end of that time period.
Councilman Nash seconded the motion, which carried with the follow-
ing roll -call vote:
AYE: Councilmen Byrnes, Heckscher, Nash, Sweeney and Weathers
NAY: None
WARRANTS
Due to the lateness of the hour, this item was considered out of
Agenda sequence.
It was moved by Councilman Heckscher, seconded by Councilman Nash
and unanimously carried to approve the List of Demands, dated
April 8, 1976, Warrant Nos. 3226 to and including 3298, as
presented.
Mayor Byrnes adjourned the meeting, in accordance with Resolution
74-1-7-3, at 11:05 p.m. and reconvened at 11:06 p.m., with all five
Councilmen present.
2. BIKE LANES - DEL OBISPO BRIDGE
In accordance with the Public Works Director's Memorandum
of April 4, 1974, Councilman Sweeney moved to approve Alternate
2; i.e. to authorize the City Manager to transfer $10,500 from
the contingency Funds to obtain additional width for bike lanes.
Councilman Nash seconded the motion.
Motion was modified to give direction to Staff, with authorization
to City Manager to be able to authorize up to $10,500 to authorize
bike lanes.
ROLL CALL
AYE: Councilmen Byrnes, Nash, Sweeney and Weathers
NAY: Councilman Heckscher
3. SERRA - FOR14ATION OF PROJECT COMMITTEE NO. 7
In accordance with the Public Works Director's Memorandum of
April 4, 1974, Councilman Sweeney moved to approve Alternate 2; i.e.
Do not participate in Project Coimaittee No. 7, but direct the City's
Staff to prepare financial plan for participation in plant Expansion
No. 2. Councilman Nash seconded the motion which carried with a un-
animous affirmative vote:
ADJOURNMENT
At 11:16 p.m., Mayor Byrnes ordered the meeting adjourned to a
perscnnal session in the Council Chambers. The Chambers were cleared.
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PERSONNEL SESSION
CITY COUNCIL MINUTES
April 8, 1974
Page 8
The Adjourned Regular Meeting (Personnel Session) was called to order
by Mayor Byrnes, in the City Council Chambers, at 11:20 p.m., with
all five Councilmen present.
Also present were City Manager Don Weidner and Finance Director John
O'Sullivan.
1. MEET AND CONFER MATTERS
Council directed Staff to prepare a tentative draft of a
Memorandum of Understanding covering all subjects of the Meet and
Confer Session, to be presented at the April 22nd meeting.
Director of Finance was excused
2. APPOINTMENT OF CITY CLERK
Following discussion on the relative qualifications of City
Clerk candidates, the City Manager was directed to complete the appoint-
ment of Mrs. Hary Ann Hanover as City Clerk, at $955.00 per month, and
all attendant supblemental benefits, effective May 13, 1974.
3. APPOINTMENTS TO PLANNING COMMISSION
Councilman Weathers was excused at 12:25 a.m., April 9, 1974.
It was moved by Councilman Nash, seconded by Councilman Byrnes
to appoint the following persons as Planning Commissioners:
Robert Davies
Ken Friess
Carol Heim
George Riley
Phillip Schwartze
Motion was carried with the following roll• -call vote:
AYE: Councilmen Byrnes, Heckscher, Nash and Sweeney
NAY: None
ABSENT: Councilman Weathers
The Mavor indicated that he would write letters to the Commissioners -
elect.
Appointments to the Parks and Recreation Commission and to the
Architectural Review Board were discussed but no action was taken.
ADJOURNMENT
Mayer Byrnes adjourned the meeting at 12:55 a.m., April 9, 1974.
The next Regular Meeting is scheduled for Monday, April 22, 1974,
at 7:00 p.m., in. the City Council Cha ers.
L. B es, —D Mayor
City of a Juan Capistrano
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