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74-0422_CC_Minutes_Regular Meeting1®5 ;�li3ha MF!:9'i�G OF 1'llL CL'Pi' COi?Di(�11,I CI OI, .1'eAS .]U�1N {'anl:`i'I'ii;!.?;6 The Rc„e Lar lieetinI nL the City Council :vas cal 10 d to order by ±..tyor Byr;:c;, at 7:00 P.M. The Pled -,,e of All-„Iiauce•was recited, led by Mayor Byrnes. Invocation was givon by Councilman Yvon Q llectiseher. ROLL CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor James K. Weatliers,8tayor Pro Ten. Councilman Yvon O. tieckscher Councilman Douglas B. Nash Councilman John B. Sweeney COUNCILMEN ABSENT: Dione STAFF PRESENT: Donald G. Weidner, City Manager; George Madsen, Sr. Project. Engr.; Wm. Murphy, Dir.of Public Yorks; James Okazaki, City Atty.; John O'Sullivan, Dir.of Finance; David Smith, Dir.of Planning; Jo Bennitt, City Clerk It was moved by Councilman Weathers, seconded by Councilman Sweeney, and unanimously carried that all ordinances and resolutions be read by title only. APPROVAL OF MINUTES Mayor Byrnes requested that the word "excused” be deleted from the roll -call portion of the Minutes of April 1, 1974, with reference to the absence of Councilman Nash, There was consensus that there should not be a determination as to whether or not a Council Member's absence is excused. There being no further amendments or corrections, Mayor Byrnes ordered approval of the Minutes of the Special 'sleeting of April 1, 197.4 as amended, and the Minutes of the Regular `fleeting of April 8, 1974, as presented. INTRODUCTIONS The City Manager presented Mary Ann Hanover, the newly -appointed City Clerk, who will officially begin her duties on May 13, 1974. PUBLIC HEARINGS ZONE VARIANCE 74-3: FRONT -YARD SWIMMING POOh (GORDON) It was established that this public hearing had been duly noticed as required by law, Mayor Byrnes opened the Public Hearing. No one cane forward; therefore, the Mayor doclared the Public Hearing closed, with the right to reopen at any time. It was moved by Councilman Sweeney, seconded by Councilman Nash, and unanimously carried to approve the Staff Recommendation, dated April 22, 1974, as follows: Approve zone variance ZV 74-3, subject to the condition that the fence location conform to the re.Iuirements of Resolution 68-10-22-1 of the Planning Commission, and based on a finding- that: 1. There are exceptional cr extraordinary circumstances or con- ditions applicable to t'ie property involved or to the intended use of the property, as granted, that do not apply generally to the property or class of use in the same vicinity and zone. 2. The requested variance, as granted, is necessary for the preser- vation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. APR 221974 106 PUTAItC' IH'IIXRINGS -- I.Af It--:; 3, That. l.he rcgoo.;ted V-Pi.ar.ce, n:; ,rer:ntr�ci, will ziot be material'..y detriutental. to the public wcll'a.re or in.juriou:; to thr, pror.crtY or inil) rovotnents in such vicin; ty and z.otre in whicsh the lnvoperty is located. CONTRACTS, AGREE�IrFTS 1. "MEET AND CONFER" MEMORANDUM OF UNDERSTIVIDING It was moved by Councilman Ueckscher, seconded by Councilman Weathers, and unanimously carried to approve memorandum of under- standing as presented and to direct preparation of resolution implementing all elements of the Memorandum for City Council Agenda of May 1.3, 1974. 2. APPROVAL OF SPECIFICATIONS FOR DEFERRED COMPENSATION PLAN It was moved by Councilman Weathers, seconded by Councilman Sweeney, and unanimously carried to approve "CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY I'+ATER 40RKS DISTRICT #4, BID INSTRUCTIONS, DEFERRED COMPENSATION PLAN," as presented, 3, CITY CLERK AGREEMENT It was moved by Councilman Sweeney, seconded by Councilman Heckscher, and unanimously carried to approve the City Manager's proposal that he be authorized to contract for agenda preparation for the City Council Meeting of May 13, 1974, attendance at the Staff Meeting in preparation for the May 13th meeting, and possibly, eight to ten hours, up to and including May 13, 1974, not exceeding 25 hours, at the hourly rate equivalent to existing contract which expires April 30, 1974, 4. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS: WEED ABATEMENT SERVICES It was moved by Councilman Weathers, seconded by Councilman Nash, and unanimously carried to approve the specifications for weed abatement services and to authorize the City Manager to accept bids for said services, 5. RATE ADJUSTMENT FOR DISPOSAL SERVICES It was moved by Councilman Weathers, seconded by Councilman Heckscher, and unanimously carried to approve Alternate Action 2, as set forth in the Public Works Director's iiemorandum of April 9, 1974; to wit: Authorize an increase of .50c, for a base charge of $2.00 per month for .residential units, and authorize the contractor a maxinnun adjustment of 30% for commercial rates, effective July 1, 1974, ORDINANCES. RESOLUTIONS 1, ORDINANCE NO. 261: AAT ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF SAN JUAN 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 Heckscher, seconded by Councilman Sweeney, and unanimously carried to adopt Ordinance No. 261, 2. ORDINANCE NO. 262: AN ORDINANCE OF THE CITY C'O!JNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING PRECISE ZONING ilIAP 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. APR2 21974 Apr i I Elm(,r Chri_slianr;en, Caho l:au�-lier;, r v;1lu,lc-! I,� Ci I C'(u!Itt li Il1a1, the appliod w:l'i "-.11'-d R -1-.x1 � "AL the �.uuler:;to�uiiu„ Ih:,t there wu:_ild be no more t:h..�.n a numb nor lets: that w�nG1d y,iold :ul avcrage of 2.5 acx•e; per let, with Ilie provision 1fiat individual characteristics of lolls could be nn rol,o tnau Lots in the City which was E-1. Beyond that lie appealed this as a to„,ical use for the land. IIe noted that there are areas where 2:, aei,es together would produce iiothin;; but hillside. Tie asked for a determination from Staff or the City Attorney as to how Ordinance 11.5 should Ile applied in this case, Mr. Christiansen E;xprossed support for the City Council and the planning concepts and asked this land be given "some lite.” The City Attorney was asked whether or not a variance procedure might be used for specific lots. Mr. Okazaki agreed that it could be, saying that Mr. Christiansen was appraently asking for the flexibility in the zoning ordinance as adopted by the City Council. He advised that there may be some interpretive questions about Ordinance 115 and Ordinance 228 which establish the suffix symbol which may make it necessary to amend Ordinance 228 to come up with the interpretation that was expressed in Ordinance No, 262. It was moved by Councilman Heckscher, seconded by Councilman Sweeney, and unanimously carried to adopt Ordinance No. 262. 3. RESOLUTION NO, 74-4-22-1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DECLARING AS A PUBLIC NUISANCE ALL WEEDS, RUBBISH, REFUSE AND DIRT GROWING OR LOCATED UPON THE STREETS, SIDEWALKS OR PRIVATE PROPERTY OF THE CITY OF SAN JUAN C'1PISTRANO was ready by title by the City Attorney. It was moved by Councilman Weathers, seconded by Councilman Nash, and unanimously carried to adopt Resolution No. 74-4-22-1, 4. RESOLUTION NO. 74-4-22-2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING ASSEMBLY BILL 2942 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. 74-4-22-2. The City Clerk was directed to send copies of said Resolution to Assemblyman Badham and to all the cities in Orange County, SUBDIVISIONS, ANNEXATIONS 1. TENTATIVE TRACT 5996 (Cunningham) Following a brief discussion relating to the slope ratio for the building pads, it was moved by Councilman Weathers, seconded by Councilman Sweeney to approve Tentative Tract 5996 with conditions I (A -H), II (A -B). Councilman Nash moved to amend the motion to provide that the olive tree on the site be saved, Councilman Weathers seconded the motion which carried with a unanimous affirmative vote. The amended motion to approve Tract 5996 carried with a unanimous affirmative vote. In accordance with the Citv Attorney's recommendation, RESOLUTION NO. 74-4-22-3: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING TENTATIVE TRACT 5996 IFITII CONDITIONS was ready by title by the City Attorney. It was moved by Councilman IIeckscher, seconded by Councilman Nash, and unanimously carried to adopt Resolution No. 74-4-22-3. APR 221974 { LW SURDIV_fSTONS ANA'FXATIo' S (Cont'd) 2. FINAT, MAP TRACT 812S 'not,Lion of Tojitatlivr• "Tract 73„7) - U,S. DI:V1sLOhlj;:id'i' COLI'Oiif�I'10N Council had before them itions va.isinfg- speci fie; quest ons relating to compliance of the Final Map with the approved Tentative Tract. It was moved by Councilman IIeckscher, seconded by Councilman Nash to continue this matter to the Regular Meeting of May 13, 1974, or until the problems have been resolved. Ron Gruzinski, representing U.S. Development Corporation, stated that the developer can't answer the questions raised in the petitions because they are doing what the City said they could do. In response to the contention of non-conformance, he stated that the Final ;flap does conform with the subsequently -approved plans. The motion carried with a unanimous affirmative vote. The Planning Director asked that represenati_ves of the petition group contact him during the recess. COMMUNICATIONS - WRI'TTEN 1. FROM CORONADO HOMEOWNERS' ASSOCIA^IION RE SPHERE OF INFLUENCE There being no objections, the Mayor ordered said communication received and filed. 2, FROM CITY OF CHINO RE TAX RELIEF TO IMPLEMENT CONSERVATION AND OPEN SPACE ELEMENTS OF GLNERAL PLANS Pursuant to the aforesaid letter, RESOLUTION NO, 74-4-22-4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN 3UAN CAPISTRANO CONCERNTi�G THE NEED FOR STATE TAX RELIEF TO IMPLEMENT THE CONSERVATION AND OPEN SPACE ELEMENTS OF GENERAL PLANS was read by title by the City Attorney. It was moved by Councilman Nash, seconded by Councilman Weathers, and unanimously carried to adopt Resolution No. 74-4-22-4. The City Clerk was directed io send copies to Assemblyman Sadham, Senator Carpenter and to all cities in Orange County. 3. FROM CAPISTRANO UNIFIED COUNCIL OF PARENT--TEACHER-STUDENT ASSOCIATIONS RE SATE SCHOOL ROUTE 4. FROM AIRS. ELEANOR MOFFATT RE CROSSWALK ON ""AMINO CAPISTRANO TO SERVE CAPISTRANO AND SAN JUAN LLE,',tn'TARY SCHOOLS Councilman Weathers reported that. the Energy Supply Study Committee recommended at their last meeting that said committee be discon- tinued becauss everything had been 0:,ne that could be in view of the fact that they could do little if anything to influence energy sources. The Committee recommended further that a 'T'raff'ic and Safety Committee be formed to study internal traffic problems, rapid transit, Amtrak, central corridor, etc. It was suggested that the Committee be composed of one member of the City Council, one member From the Engineering staff, one representative of the Sheriff and four people from the public at large. He said that this recommendation would be presented to the City.',Cou;;cil for action at the next regular meeting (May 13). 3 It was moved by Councilman Weathers, secondee] by Councilman Heckscher, and unanimously carried to deafer Items 11-1.3 and 11-1,4 for study by the Traffic and Safety Committee, following, their appointment. APP,221974 C0A1%1UN 1 CA'['TC.N� _ C'�a:�L - i.•_�ne 1?ECE.;Sat 8:05 p.m. RECONVENE: Mayor Byrnes rccr..o.ver.,d the meeting,: :�t 8:7.7 p.m. with all five Councilmen and full staff present. PLANNING MATTERS 1. LUP 72-121: ALIPAZ RECREATIONAL V191ICLE PARK EXTENSION Based on the Staff Report of scheduliuv problems in the proces- sing of the DOL through the County, it was moved by Councilman Weathers, seconded by Heckscher to approve the time extension, amending the Time Table to read: "In any case curbs, gutters, and undergrounding of utilities must be commenced prior to June 1, 1974." Motion carried with the following roll -call vote: AYE: Councilmen Byrnes, Sweeney and Wathers NAY: Councilmen Heckscher and Nash 2. BUFFERING OF TRACTS 7160 AND 7196: WESTPORT VILLAS Following a.discussion of the adequacy of the proposal during which Councilmen Heckscher and Nash expressed the opinions that the ten specimen trees to be installed at Long' Park constitute an insufficient consideration, it was moved by Councilman Weathers, seconded by Councilman Sweeney, to accept the Staff Report dated April 22, 1974 and to approve the buffering concept, the Long Park wall concept, and to accept Westport's offer of ten specimen trees for use in Long Park. The motion carried unanimously. Mayor Brynes stated for the record: "The approval of this buffering concept still g9.ves the City the option to require additional items of planting." Councilman Nash requested a report from the Planning Commission with respect to this matter. 3. GENERAL PLAN SCHEDULE - HAWORTII-ANDERSON-LAFER There being no objections, Mayor Byrnes ordered the Planning Director's pertinent Staff Report of April 22, 1974 received and filed. 4. REQUEST FOR EXEIIPTTON FROM DEFERRAL PERIOD FOR RECYCLING CENTER SITE: CLIFF LEGAULT It was moved by Councilman Weathers, seconded by Councilman Sweeney, and unanimously carried to exempt the proposal for a commercial recycling center from the deferral period. ADMINISTRATIVE 1. REPORT RE PARKING ON CAMINO CAPISTRANTO (PITTMAN) There being no objections, Mayor Byrnes ordered the Public Works Director's Memorandum of April 16, 1974 received and filed. 2. BII{E LANE SIGNS Following a brief discussion regarding the comparative appeal and cost projection of both standard and special signs, it was moved by Councilman Weathers, seconded by Councilman Nash, and unanimously carried to approve Alternate Action 3 of the Public Works Director's Memorandum of April 2, 1974 (Revised April 17, 1974); i.e., to request from the County Board of Supervisors specific permission to place the City's decorative signs on county -adopted trails. APR 221974 Cf'C7 t'1,;1ilV( Ii, ;1(tNIII'ES, nyr.i_I. 22. 197.1 Pare 6 ADS! 3N[STUATI V1: (Cont'd) 3. Ei1'ABLL�ll`.il`Pi"_ Ol' Gi�iiNCIL NF -;TING 'DA'I'IS FoIIo,,ing a britt di:; trf�rlf 1 i, V ` !. alai i_I ?" I'I'i,t fll1II`.iTR:'I'1VI: (Corit'd) 10. ME110P,ANIII;M FROM Li`S JACOPS RP: IIAII, BQX},S There bein;; no object:i.on,s, the M;zyor directed Chas: this matter be ro;'errcd to Cha Pfanniul; Commission for lurcher study, with a Vollort back to the City,Coucieil after May 28, 1974, 11. CLAIM OF MR. AND 'SIRS. JOE NEML•`TH It was moved by Councilman Weathers, seconded by Councilman Nash, and unanimously carried to deny the claim of Mr. and Mrs. Joe Ncmeth and refer said claim to the City's insurance carrier for further action. 12. CLAIM OF MARY JANE FORSTER It was moved by Councilman Weathers, seconded by Councilman Nash, and unanimously carried to deny the claim of Mary Jane Forster in the amount of $91.25, and to refer said claim to the City's insurance carrier for further action. 13. POLICY ON TREES IN CITY RIGHT-OF-WAY There being,no objections, this item was ordered deleted from the Agenda. 14. DETERMINATION OF CONDITION 30 FOR TRACT 8593 (WESTPORT-IWATA) Following considerable discussion as to the adequacy of the determination, it was moved by Councilman Weathers, seconded by Councilman Byrnes to table this matter. There was no objection. Mayor Byrnes appointed Councilmen Nash and Heckscher as a committee to meet with the developer to resolve this problem. STAFF REPORTS 1. CITY ENGINEER - Received and filed. 2. DIRECTOR OF FINANCE. - Received and filed. 3. DIRECTOR OF PLANNING - Received and filed. 4. DIRECTOR OF PUBLIC WORKS - Received and filed. WARRANTS It was moved by Councilman Sweeney, seconded by Councilman Weathers, and unanimously carried to approve LIST OF DEMANDS dated April 22, 1974, Warrants No. 3299 through No. 3362. COUNCIL REMARKS Councilman Sweeney discussed briefly his proposal with respect to a program for New Rome Guarantee Insurance. It was moved by Councilman Sweeney, seconded by Councilman Byrnes, and unanimously carried that a Committee be appointed to study and report on this matter. Councilman Sweeney was designated Chairman and Councilman Heckscher of said committee. One member of the City Planning Commission will be added to the Committee. It was requested that said report be made within three months. COUNCILMAN WEATHERS 1. With respect to skirting of display models at the Mobilehome Pageant, Staff was requested to bring back a history of this matter at the nett Council meeting. 2. Councilman Weathers announced his intent to pursue the matter of the special backplates for traffic signals, advising that lie would present an up -dated report at the "day 13th meeting. COUNCILMAN NASII 1. Councilman Nash requested the opportunity to reconsider alternatives for the median, strip on Del Obispo. APR2 211974 11Z lU?dci?,Ia,1.J CTASII 2. Councilman NasL• ex,ressed concern a? out ti3e Ia ct sludgefrom the treatmont plant is tr:unr;p<rri;ed in open. -top vehicles, creaLinF, a possibly hazardous cond=ition in tl:e event of spillage. COUNCILMAN IIFVKSC1;ER 1, Councilman Ifeckscher suggested that a liaison person be appointed to attend all Orange County Planning meetings in order that the City may be better :informed to make Cor closer coopera- tion with the County. The Planning Director emphasized that the Planning Department is very much aware of County Planning considerations --it was his feeling that anyone outside that department who might become involved in such a program should be required to work very closely with him, 2. With respect to the Intergovernmental Coordinating Council, to which Councilman Heckscher has been appointed as the City's representative, he reported at some length regarding Orange County's Modified Growth Policy, reading ICC recommendations 1 through 5 and minority report recommendation, IIe asked that he be permitted to express the City's support for Recommendation No, 5, advocating home rule based on the General Plan of each City and projecting out the sphere of influence. There was concurrence, Councilman Heckscher also asked that nominations for ICC election to be held in July, 1974, be submitted prior to the May 22nd meeting of ICC, Councilman Nash moved to support a vote for Alternate 5 at ICC, Councilman Weari1Crs seconded the motion and, there being no objections, it was so ordered. 3. Councilman Iieckscher asked for a report from the City Manager with respect to flood insurance, to be presented at one of the May Council meetings. MAYOR BYRNES Mayor Byrnes moved to create immediately a committee of citizens for a relatively short-term assignment, i.e., one or two months, for the purpose of studying all the aspects of a Heritage Commission, including number of members, required staffing, so that such a Commission may be established within a few months. It was the Mayor's thought that there should be 5-7 appointees selected from among persons who have an interest, not just members of the Historical Society. Councilman Weathers moved to appoint such a Committee. Council- man Byrnes seconded the motion which carried with a unanimous affirmative vote. Mayor Byrnes also suggested consideration of the possibility of having the City enter a float in the Pasadena Tournament of Roses Parade in January 1976 --the Picentennial year. IIe projected the cost at $20,0(10-$30,000; and stated that he had sent a letter to tl-e Chamber of Comirerce requesting ticei.v help in evaluating such a project. The Mayor noted that San Juan is one of the few cities in the entire country ,with a 200 -year history. lie said, further, that it was not his thought to have the City bear the entire cost of such a project, but rather to .involve the citizenry-- encouraging several ;groups to begin fund-raising events. APR 2 4 1974 C'()I1^Ctfl iiE''''AIZKS (Coiit'(i) iilliU,'Cll PLAfiifiNG COUNCTL: The necc,�;,i.tJ to appoint someone to repro:-�ent the City on I;his body w1s (`I(AMBER OF C'ONBIFRCE MIXER The City Manager announced that the Chamber of' Commerce will. hold a Mixer, Wednesday night, at 6.:1'0, at the, Fl. Adobe, and urged attendance. Councilman Nash indicated his interest in attending, the New Mayors and Councilmen's Institute, to be sponsored by the League of California Cities, at Monterey, May 15-17. ADJOURNMENT Mayor Byrnes adjourned the meeting at 10:55 p.m, to a Personnel Session. PERSONNEL SESSION The meeting (Personnel Session) was called to order by the Mayor at 11:00 p.m., with all five Councilmen and the City Manager present. Following review and discussion on the qualifications of candi- dates for Park and Recreation Commssion appointment, it was moved by Councilman Weathers, seconded by Councilman Heckscher, and unanimously carried to appoint: James Thorpe Harry Schrey Claire Farrell LaVerne Miles Minnie Surles There followed a general discussion on appointments to the Architectural Review Board, but no action was taken. ADJOURNMENT Mayor Byrnes adjourned the meeting at 11:30 p.m. The next regular meeting is scheduled for Monday, May 13, 1974, at 7:00 p.m., in the City Council Chambers. oy L. yr nes, M.D., Mayor City of 'an Ju au Capistrano ATTEST: City Cd rk APR 221974