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