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74-0513_CC_Minutes_Regular Meeting117 MAY 13, 1974 R£:GULAR il4EETING OF THE CITY COUNCIL, CITY OF : _lN JUAN Cr.PIL3TRi'1NO The Regular Meeting of the City Council was called to order »y Mayor Byrnes at 7:00 P.M., followed by the pledge of Allegiance to the:, Flag. Invocation was given by Councilman Weathers, ROLL CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor James K. Weathers, Mayor Pro Tem Councilman Yvon O, Hockscher Councilman Douglas B. Nash Councilman John B. Sweeney COUNCILMEN ABSENT: None STAFF PRESENT: Donald G. Weidner, City Manager; George Madsen, Sr, Project Engineer; William Murphy, Director of Public Works; James Okazaki, City Attorney; John O'Sullivan, Director of Finance; David Smith, Director of Planning; Mary Ann Hanover, City Clerk, APPROVAL OF MINUTES The Minutes of the Regular Meeting of April 22, 1974, were referred to staff for adjudication of Planning Matter No, 2, Page 5. MOTION TO READ BY TITLE ONLY It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that all ordinances and resolutions be .read by title only. PUBLIC BEARINGS WEED ABATEMENT, 1974 Mayor Byrnes opened the Public Hearing. No written or oral objections being received, the Mayor declared the Hearing closed, with the right to reopen at any time. RESOLUTION NO. 74-5-13-1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ORDERING REMOVAL OF WEEDS, RUBBISH, REFUSE AND DIRT It was moved by Councilman Weathers, seconded by Councilman Heckscher and unanimously carried to adopt Resolution No. 74-5-13-1. No bids having been received by 11:00 A.M., May 13, 19747 it was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to authorize the City Manager to re -advertise for bids for weed abatement services. BIDS - CIi'Y BANK ACCOUNT - APPROVAL OF SPECIFICATIONS It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to approve the specifications for the City's bank account and to authorize the City Treasurer to accept bids from only the three banks with branches in the City. AGREEMENT - PUBLIC AGENCIES DATA SERVICE It was moved by Councilman Weathers, and unanimously carried to direct the agreement for data processing service year. TRANSFER OF FUNDS - PUBLIC AGENCIES seconded by Councilman Sweeney City Manager to enter into an with PADS for the 1974-75 fiscal TA SERVICE RESOLUTION NO. 74-5-13-2: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AUTHORIZING THE TRANSFER OF FUNDS FROM CONTINGENCY TO FINANCE FOR MEMBERSHIP FEE IN PUBLIC AGENCIES DATA SERVICE -1- 5/13/74 It way, moved h 0OUnC i inaa,, 1.L,,r.+ �c+�-���ulcci u,T �'.,nu•� i I_m.ui ween. -may and eu1animouPs'Iy carr i; d t.o udon± `tesc =u t, inn No. -2. AGPXIrIIENT FOR LA,`PSCApINt,. _ORANi. COL iTY Ff,C01j CONPi. 1, Di,thfCC It was moved by Councilman Weathczs, secon,i,d by C,o-Heilman ilc.Ckselie r and unanimously carra_cct to entor unto the with the Oi at.l;e Cuuu6: Flood Control District f'or lanciscapi_n; of'thct nistri.ct's 'irabuco Creek levee backslottes with the modification that thu plans be reviewed by the City and with the addition to Paragraph 6 of the words ."except as otherwise provided by agreement." AWARD OF CONTRACT - SERRA PARK It was moved by Councilman Hockscher, seconded by Councilman Nash and unanimously carried to award the contract for the landscaping of Junipero Serra Neighborhood Park to the low bidder, Industrial Turf, in the sum of $49,226. AGREEMENT FOR DEFERRAL OF UNDERGROUNDING UTILITIES, SAN JUAN DEPOT It was moved by Councilman Sweeney and seconded by Councilman Weathers to approve the agreement for waiver of undergrounding utilities and to authorize the Mayor to execute the agreement between the City and James and John P. Tyson. The motion carried by the following vote: AYES: Councilmen Sweeney, Weathers and Mayor Byrnes NOES: Councilmen Nash and Heckscher ABSENT: None VEHICLE PARKING AND TRAFFIC REGULATIONS ON PRIVATE PROPERTY URGENCY ORDINANCE NO. 263: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO AMENDING ORDINANCE NO. 251 RELATING TO VEHICLE PARKING AND TRAFFIC REGULATIONS UPON CERTAIN PRIVATE ROADS AITD PARKING AREAS was read by title by the City Attorney. It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to adopt Ordinance No. 263. PARKING VIOLATIONS, ESTABLISHING BAIL RESOLUTION NO. 74-5-13-•3: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ESTABLISHING THE BAIL FOR PARKING VIOLATIONS WITHIN MISSION VILLAGE SHOPPING CENTER It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to adopt Resolution No. 74-5-13-•3. Bail is set at $10. ESTABLISHMENT OF TRAFFIC AND TRANSPORTATION COMMITTEE RESOLUTION NO. 74-5-13-4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ESTABLISHING A TRAFFIC AND TRANSPORTATION COMMITTEE It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to adopt Resolution No. 74-5-13-4. The Committee shall be composed of 7 members. LAND USE AND ZONING, AMENDMENT TO ORDINANCE NO. 115 URGENCY ORDINr1NCi. iv0. 264: AN ORDINANCE OF TIIE CITY COUNCIL OI'' THE CITY OF SAN JUAN CAPISTRANO AMENDING SECTION 5.13 OF ORDINANCE NO. 115 was read by title by Councilman Heckscher. It was moved by Councilman Heekscher, seconded by Councilman Nash and unanimously carried to adopt Ordinance No. 264. This is an urgency matter and as such will be in c'foct for a period of only 4 months unless extended i>y Council or supplanted by another ordinance. -2- 5.%13/74 RP;?OCJI'I'I.JN NO, 74 5 A !'f�:�Q',U'1'Cc'.., ;�' tl i�s: C('I'Y _!JI N+"' c, CT 'i'lfl? CITY OF SAN JUAN CA 't,,I'.IANO I,_.::C'Il„i: '._ii(:7'.i"!IS;:(ON TO PV ITIATE PItO CIdliDLR'Gti TO Mil NI: '!ll1� 1'ROPI` <! •>i' . 1 ,NS F O7. ,Incl NCE' 1,10. . 4 A I'ENMANLNT PART OFQV1)1NAj1C1: NO. 115, It: was nu.ved by Councilman Iteckscher, seconded by Coiinci.Iman Weathers a!ld unanimously carried to ariopt ResoluLion No. 74-5-13-5. FINAL MAP, TRACT 8128, VILLAGE SAN JUAN (U.S. DEVELOPMENT CORP. It was the unanimous consensus of the Council to accept the final. Tract Map 8128, bonds, fees and easements for drains, and to authorize the execution of the public improvement agreement tract map, and easements, as set forth in the City Engineer's recommendation of April 15, 1974. Mr. Ron Grudzinski, authorized representative of U.S. Development Corp., stated that they have agreed to locate the pool in Area "B” of the map, as desired by the homeowners' association. TENTATIVE TRACT 7673, LEADERSHIP HOUSING, REQUEST FOR REHEARING It was moved by Councilman Heckscher and seconded by Councilman Nash to deny the request for the City Council to rehear Tentative Tract 7673. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSENT: None TENTATIVE TRACT 8485, STANDARE-PACIFIC, REQUEST FOR REHEARING It was moved by Councilman Heckscher and seconded by Councilman Nash to deny the request for the City Council to rehear Tentative Tract 8485. The potion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSENT: None 7912. McMICHAEL. ACCEPTANCE OF PUBLIC IMPROVEMENTS It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried that the City Council formally accept all of the public improvements and authorize the exoneration of Bond No. 2-208727 of Safeco Insurance Companies in the amount of $376,800. COl11IUNICATIONS - ORAL 1. CAPISTRANO HEIGHTS HOMEOWNERS' ASSOCIATION, HOLSTEIN CO. DEVELOPMENT Mr. Gilbert Moreno requested Council review of the earth moving and planned condominium development of the 11olstein Company westerly of Del Obisbo at the southerly boundary of the City with regard to grading and fill, set back and size of the units. Council directed the Planning Director to report on this matter at the next Council meeting. 2. CAPISTRANO UNIFIED SCHOOL, DISTRICT, RELOCATION OF HIGH SCHOOL DOUNDAlit I ES Mr. Edward Herring addressed the Council to request that they petition the School District to allow this City's high school students to either attend a single high school or that the parents be allowed to decide which school the children should attend. -3- 5%13/74 F?H`;01.UTION TO. IZION 01 '111;5 l,'7'I'I' COUNCIL OF THE CITY 0:' SAN Tf,J;,TI PIEQUES;I ING 7i111; UV T'11STEFS OI'' 'nll." Cr;, 'i jd.rtN�t !YNIFILD �t".ifC C=! LII:�'C' [�'T <<7 :'.I''.�'t r:. :D_:"�il 1`i'SAC: Lf':I I;FGARDI";G T.iI< P�It;I^?Suit 'ULOCA'TtON OF HIGH SCI100I, i::'i;Jtlll'iRlliS it was moved Inv Councilman Iieckschcr, seconded by Couucilm-in Sweeney and unan;_mousIy ca ; ied to adopt ['a.-ri.liat ion No. 74--5-13--6. 11IO'ORICAL SOCIETY, PZTTTION REQUESTING ACTION TO PROTECT HTSTORICAL Mary Jane Forster addressed the Council. and presented a Petition requesting that Couticil adopt an ordinance immediately to provide couditions and regulations for the preservation of historic structures and places and the Parra Adobe. Discussion of Proposition 1 was also requested. COMMUNICATIONS - WRITTEN 1. REQUEST TO SELL "BUDDY" POPPIES IPI BUSINESS AREAS MAY 17 AND 18. 1974 (7-1AURICE E. FETTERffX1 . CHAIRMAN. V. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to approve the request. 2, REQUEST FOR BUSINESS LICENSE EXEMPTION (SERGIO M MANRI It was moved by Councilman Nash, seconded by Councilman Weathers and unanimously carried to deny the request for exemption and further determined that the proposed use is not in accord with Ordinance No. 115, 3, ALLEGED DEFECTS IN SOUND CONDITIONING, VILLAGE SAN JUAN, U.S. DEVELOPMENT COMPANY T,E. COFFIN It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried that Mr. Coffin's letter dated April 30, 1974, regarding problems with sound walls, be referred to the Orange County Department of Building and Safety with instructions for investigation and report; and. advise Mr. Coffin of the opportunity to use the Orange County Department of Consumer Affairs for -resolution of this complaint. 4. REQUEST TO CONDUCT AUCTION OF DISPLAY FURNITURE JUNE 1 AND 2 CE 1974 APISTRANO MOBILHOME PAGEANT It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to conditionally approve the request if satisfactory screening of the undercarriages of the mobilehome display units has been completed. 5. REQUEST FOR RATE INCREASE (STORER CABLE TV, INC.) It was moved by Councilman Weathers, seconded by Councilman hash and unanimously carried to refer the request to staff for a recommendation in conjunction vii:h review of the cable TV ordinance to be completed in June. 5'ir, Ray O'Tcole appeared for the company. RECESS AND RECONVENE Council recessed at 3:55 P,M, and reconvened at 9:10 P.M. LEGISLATION - IN SUPPORT OF PROPOSITION NO, 1, STATE BEACH, PARK R.T Cf r:�TIONaL ANI) III 'i'i)RICAL FA-ILITIES BOND ACT OF 1974 RESOLUTION NO, 74-5-1:3-7: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO EXPRESSING SUPPORT OF AND URGING THE PASSAGE OF PROPOSITION NO. 1 It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously curried thai Rcsolutton No. 74-5-13-7 be adopted. The Planning Director is to supplement the report filed with Oranr-e County requesting an allocation of funds and establishing historical priorities, -4- 5/13/74 1.21 PIA%N-1 `,G 11ATT EIZS 1:1-;()IG,;,'I'll FOR FXEP.L'"I'[ON FROM DEFEERAi, PERI00 (DAVID ItP,'�P�N, CAPTS'I'T '0,10 GAROi!Pi�i - - - - -. It was moved by Councilman Weathers, seconded by CounciLuan Sweeney and unanimousiy carried to deny the request for exemption from the deferral period for the.construc'tion of wholesale nursery facilities. LAND USE PERMIT, CAPISTRANO MORfLEHOME PAGEANT Council had been concerned with the beautification of the display area; skirting is currently being installed on units visible from San Juan Creek Road. Councilman Weathers suggested that landscaping be provided on the side of the site bordering the freeway and looking directly on the back of the mobile homes. No action was taken. LAND USE - REQUEST FOR CLARIFICATION OF OPEN SPACE (HARRISON NEGLEY ANT IQUE—SIIOp It was the consensus of the Council that this matter be referred to the Director of Planning to advise Mr. Negley of the dates upon which the Laird Use Element will be submitted to the City and the dates for which public hearings are anticipated and to the planning consultant firm of Haworth, Anderson & Lafer for consideration in the preparation of the Land Use Element of the General Plan, . REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD (DeNAULT HARDWARE HOME CENTER Councilman Weathers stated he would not participate in any discussion or voting on this matter due to past business experience with DeNault Hardware and excused himself from the Council Chamber. Attorney Charles G. Schlegel, representing Dr. and Mrs. Herbert T. Stroschein, owners of the property in question, appeared before the Council. It was moved by Councilman Nash and seconded by Councilman Sweeney to deny the request for exemption from the deferral period. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: None ABSENT: Councilman Weathers, who returned to the Council Chamber after completion of this subject matter. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD (MILDRED R. FORSNAS, CAPISTRANO PRESCHOOL) Mrs. Forsnas addressed the Council requesting an exemption from the deferral period regarding conditional use permits to allow the school to relocate to property approximately one-third mile east of the freeway on the north side of Ortega Highway; no grading or major building is contemplated, only remodeling. It was moved by Councilman Weathers and seconded by Councilman Heckscher to grant the exemption. The motion carried by the following vote: AYES: Councilmen Weathers, Heckscher and Mayor Byrnes NOES: Councilman Nash ABSTAIN: Councilman Sweeney ABSENT! None. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD (EGON JENSEN, LOT 7. BLOCK 7, TRACT 808) oi.;nci7�uoT no action on this request since the application is not subject to the deferral period and will ire received and processed by the Architectural Board of Review and the Planning Commission. -3- 51/13/74 122 C", Ul' 1�jII;IC, V�J ;.ir, 14"illintit Sylvost:•r it c: I'rlf 1W 01',. 1110 COdIIC i I to t it oIution to 'Ics. Pit tman 's I;:crl:inh; 1) ol)tewi>. it was moved by I3t::2a I; M_'.I.a Cil r•1' ai;d 113(111 011Cied ?)y' ..'Jt,a ^_Ii:l:til hla 5>il to a lOP1 cosP.rictod P;11 -1',i 11W., Por busae: eniy on the c;us t :;i. e oC Camino Capistrano adjacent to tho ,hiss;ion to be accomplished by whatever' moans local control can.achieve. The motion carried by iiie follow- ing voto: AYES: Councilmen Weathers, Nash and Heckscher NOES: Councilman Sweeney and Mayor Byrnes ABSENT: None FEDERAI, FLOOD INSURANCE PROGRAM It was the consensus of the Council to refer the Federal Flood Insurance Program to staff for cost value analysis with direction to consider impact of the Program on the proposed General Plan and development strategies. ORANGE COUNTY TRANSIT DISTRICT BUS STOP LOCATIONS Council ordered this matter held over to the meeting of May 28, 1974; staff is to supply a map showing the bus stops contemplated. COUNCIL MEETING DATES RESOLUTION NO. 74-5-13-8: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO FIXING THE TIME AND PLACE FOR ITS MEETINGS It was moved by Councilman IIeckscher, seconded by Councilman Weathers and unanimously carried to adopt Resolution No. 74-13-5-8. The regular meeting dates of the City Council are fired as the first and third Wednesdays of each month at 7:00 P.M. in the Council Chamber of City Hall, commencing June 5, 1974. PROPOSED 1974-75 FISCAL BUDGET SESS Council directed that a study session be held at 7:00 P.M., May 20, 1974, for consideration of the proposed 1974-75 City budget and that the evening of May 29, 1974, commencing at 7:00 P.M. be reserved for continued budget discussion. CITY TREASURER'S REPORT, 1911 ACT DELINQUENCIES The above report dated May 2, 1974, was ordered received and "filed. SEWER CONNECTION CIIARGES The report, from the City Engineer dated May 7, 1974, regarding sewer connection charges was ordered received and filed, thereby increas.ng'� the sewer hook-up fee to $275.00 pursuant to Resolution No. 65-6-14--2. EASEMENT DEEDS - ROGER PITTS - WESTPORT TRACT 7196 Council directed that the City Attorney redo the easements in both cases and report back to the Council. WARRANTS It was moved by Councilman Nash, seconded by Councilman feathers and unanimously carried to approve the List of Demands dated May 13, 1974, Warrants Nos. 3363_ttirough 3,67, but excluding, No. 30,123 to SERRA Project Comm. r2 in the amount of $749,079.00. A review of this item is requested from the Public forks Director. -6- 5/13%74 123 13TE'N , GVl';>"I,, I, AY N(, COi'Ncl 01' 01RAN'GE' C0U11,'1'Y — ,i!'PJ;litdlitiNi ,?1' i� '3nl,:iili-0'11'l..:.$) i!k i ;T 1: III?SOLUTION NO. 74-5-1-3-9. O"t` :'il: ,'Y COUidC'iL OF "IIP CITY OF SAN JUAN C'APTSI'11ANO��t'PU�ici'i ING lit?PR! c,'E 1'i'AT1FES TO THE INTU:IIGO!'EIIN�lis2v`'I' ll, COORDINATING COUNCIL It was moved by Conneilmon Ileckscher, seconded by Mayor Byrnes and unanimously carried to adopt Resolution No. 74-5-13-5 appoiut:ing Councilman Heckscher as the City Representative and Councilman Sweeney as Alternate to the above-named Council. COUNCIL REMARKS COUNCILMAN NASH 1. Councilman Nash expressed concern on the condition of the street trees on Camino del Avion, Troy Homes, 2, Councilman Nash requested that materials provided to newspapers for publication be .readable; maps recently published we e not clear. LEGISLATION - IN SUPPORT OF PROPOSITION NO. 9, POLITICAL REFORM ACT RESOLUTION NO. 74-5-13-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY Of' SAN JUAN CAPISTRANO EXPRESSING ITS SUPPORT OF PROPOSITION NO. 9, THE POLITICAL REFORM ACT OF 1974 It was moved by Councilman. Heckscher, seconded by Councilman Nash and unanimously carried to adopt Resolution No. 74-5-13-10 The League of California Cities is to be advised of the Council's affirmative action, TRAFFIC SIGNAL BACK PLATES It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to direct the City Engineer to obtain up -dated cost figures for the manufacture and installation of decorative traffic signal back plates and to report back to the Council within 30 days; the existing back plate is to be displayed on one of the signals at Camino Capistrano and Del Obisbo. LEGISLATION - YEAR-ROUND USE OF SCHOOL FACILITIES The City Attorney was directed to prepare a Resolution for Council consideration at the next meeting concerning year-round use of school facilities as a means of reducing overcrowding and ameliorating the necessity for additional construction, RECESS AND RECONVENE Council recessed to a Personnel Session at 11:15 P.M, and reconvened at 12:30 A.M. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:30 A.M. to the next meeting date of Monday, May 20, 1974, at 7:00 P.M. in the City Council Chamber for consideration of the proposed 1974-75 fiscal budget. Respectfully submitted, 1I RY N H HOVER, [ ity Clem APPROVED - w ----- ROY L. BY 4I]S, \I.D. , Mayor -7- 5/13/74