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