74-0605_CC_Minutes_Regular MeetingJUNE :i, 1974
REGULAR MEETING OT'' TILE CITY COUNCIL, CITY OP S.VN JUAN CAPISTIiANO
The regular Meeting of the City Council was called to order by
Mayor Byrnes at 7:00 P.M., followed by the Pledge of Allegiance to
the Flag. Invocation was given by Councilman Sweeney.
ROLL CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor
James K. Weathers, Mayor pro tem
Councilman Yvon O. ileckscher
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; David Smith, Director of Planning;
Mary Alin Hanover, City Clerk.
NOTION TO READ BY TITLE ONLY
It was moved by Councilman IIeckscher, seconded by Councilman Nash and
unanimously carried that all ordinances and resolutions be read by
title only. .
REQUEST TO CONDUCT PARKING LOT BALE (TWIN WINTON)
Council received a request from Bruce F. Winton, 31966 Camino
Capistrano, to conduct a parking lot sale on four successive weekends
commencing June 8, 1974, from 9:00 A.M. to 6:00 P.M., including the
placement of three or four 3' by 4' signs, It was moved by Councilman
Weathers, seconded by Councilman Sweeney and unanimously carried to
approve the request provided that the sales are conducted in a manner
not detrimental to the City's interests and that Mr. Winton be
responsible for clearing the area of any litter which might result fro, -,I
their activity and that the signs corifo.rm to the Planning Commission
rules regarding size.
PUBLIC HEARING - PROPOSED EXTENSION OF THE DEFERRAL PERIOD
Mayor Byrnes opened the Public Hearing. Receipt of many letters
either for or against the proposed extension of the deferral period
was acknowledged. Planning Director David Smith reported that the
proposed deferral of acceptance and processing certain zoning and
planning applications would apody to now applications and would not:
apply to the issuance of building permits on projects previously approved.
Public Hearings on the final elements of the General Plan are scheduled
for July 16, August 20 and September ;7, 1974. The following members of
the 2udience spoke in 'favor of -Che deferral period: Fran Frost, resident:
Bob McCollum, resident; Carol Beim, Planning Commissioner; Richard
Wyndomsmith, Village San Juan; August Rudel, resident; Douglas MacGrego
resident; Connie Riley, resident; Jack Connelly, resident; Thomas Ahern
resident. The follewiig persons spoke a;;ainst the deferral period:
Clarence Howard. CEEED; :Alfred Gray, Building & Construction Trades
Council; William Moluar, American Buildevs, Inc; Paul Solata, business-
man; William Davenport, Pastor, Presbyterian Ch�_Irct1; Louis Center,
resident; John Toner, Chamber of Commerce: James Pervus, Operating
Engineers Union. Mayor Byrnes declared the Hearing closed and each
member of the Council made comrents.
ORF,INANCE NO, 265 RELATING TO ZONING AND PLANNING APPLICATIONS:
AN ORDINANCE OP' THE CITY COUNCIL, OF THE CITY OF SAN .JUAN CAPISTRANO
DEFERRING TIIE ACCEP'".15ICc I�aD PCOCF;,SSING ( CF.RTAT'-V 'CONING AND
PLANNING API ?IICATICNS was read by title by the City Attorney.
It was moved by Councilman Sweeney, seconded by Councilman Nash and
unanimously carried to adopt OrdLnanoo No. 265.
ItFCF3S ANO RECONVENE
Counci_1 recessed at S:l:) 1I.M. ..vet rei:on,-,-oc(l at 8:20 P.M.
ETDS, CONTRAC"IS, AGREEMENTS
1. CONTRACT ICOR SLUDGI, HAULING (GOLDEN WEST I'ERTILIZER C01413ANY
It was moved by Councilman Weathers, seconded by Mayor Byrnes and
unanimously carried to approve the contract between the City and
Golden West Fertilizer Company, effective July 1, 1974, for the
hauaing of by-products from the Treatment Plant, and to authorize
the Mayor to execute the contract on behalf of the City.
LEGISLATIVE ITEMS
1. PREVAILING WAGE RATES
RESOLUTION NO. 74-6-5-1: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO ESTABLISHING PREVAILING WAGE RATES BY
CLASSIFICATION FOR ALL CRAFTS NEEDED TO PERFORM CONTRACT'S COVERING
CONSTRUCTION OF MUNICIPAL FACILITIES AND REPEALING RESOLUTION
NO. 73-2-13-1
It was moved by Councilman Nash, seconded by Councilman Weathers
and unanimously carried to adopt Resolution No. 74-6-5-1.
2. TRACT NO. 7616, CONDITION 30 (WESTPORT)
Councilman Ileckscher reported on the committee meetings held with
Westport Home Builders representatives regarding the violation of
Condition 30, Tentative Tract 7616. By letter dated May 30, 1974,
the following offer was made to the City as satisfaction of the
violation:
"The delivery to the City of the sum of $15,000,00 to be
utilized at the discretion of the Director of Planning,
subject to confirmation by the City Council; provided,
however, that a portion of this sum (approximately
$3,500.00) shall be utilized to provide the nine specimen
trees within the median of and along Blue Fin Drive in
accordance with the original agreement arrived at with the
Planning Staff."
"It is understood and agreed that the buffering concepts
approved by the Council at the April 22, 1974, meeting with
respect to Tracts 7160 and 7196 are a separate and distinct
item not a part of this offer, but with which we intend
to comply."
Mr. Roger Grable of the law firm of Rutan & Tucker, addressed the
Council and presented the following written offer from Dean
Rickbeil, President of Westport:
. .We hereby offer to modify our proposal dated bray 30,
1974, to increase the total amount thereof to $20,000
provided that this offer is accepted at the June 5 meeting
of the City Council."
It was moved by Councilman Sweeney, seconded by Councilman
Weathers and unanimously carried to accept this offer as
restitution of the violation of the legal condition on Tract
7616. It was moved by Councilman Heckscher, seconded by
Councilman Sweeney and unanimously carried to amend the motion
by adding the words, "specifically, the sum of t3^0,000 be_ paid
forthwith and that $3,500 bo reserved for the planting
of the nine specimen trees in Tract 7616." Mr. Grable stated
that Westport; would agree to th., amendment that the, monies be
paid forthwith.
RESOLUTION NO. 74-6-5-3: RESOLUTION OF THE CITY COUNCIL, OF THE
CITY OF :"AN JIiAN CAPISTRANO 1tATVING CONDITION NO. 30, TENTATIVE
TRACT 7616, TN CONSIDERATION OF RE.MEDfAL OFFER
It was moved by Councilman Sweeney, seconded Ir; Councilman Weathers
anduuar.imonsly cnrried to :;l:�pt Rcso:uLron No. 74-6-5-3.
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PLAidNING COMMISS7.ON NixrrERS
1. REPORT 01' MEETING IIELD MAY 28, 1974
Mayer Byx-AeeS ordered the report received and filed. A recommendation
will be forthcoming regarding; the deferral of permits for on-site:
and off-site directional signs for approved subdivisions during the
deferral period.
2. ZONING - DETERMINATION Or' USE (PRINT SHOP. C -1 -II DISTRICT)
In accordance with Section 11.01.2 of Ordinance 115, on May 21,
1974, the Planning Commission found that a printing shop is
compatible with the permitted uses in the C-1-11 District. Council
took no action on this matter, thereby approving the Planning
Commission action.
APPROVAL OF WARRANTS
It was moved by Councilman Heckscher,
and unanimously carried to approve the
1974, Warrants Nos. 3538 through 3558.
PLANNING DEPARTMENT
seconded by Councilman Sweeney
List of Demands dated May 31,
1. REQUEST FOR EXEMPTION FROM DEFERRAL PERIOD, EIR (ROBERT ORR)
It was moved by Councilman weathers, seconded by Councilman
Sweeney and unanimously carried that Mr. Orr's project be
exempted from the deferral period conditioned upon the require-
ment that an Environmental Impact Report on the entire area from
La Novia to Interstate 5 and from San Juan Creek to the Ortega
Highway be prepared. This exemption allows the applicant to
process the land use permit, but does not allow the approval of
final site plans or a tentative map submitted in conjunction with
that permit.
RECESS AND RECONVENE
Council recessed at 9:00 P.M. and reconvened at 9:10 P.M.
2. GENERAL PLAN ELEMENTS - REQUEST FOR TINE EXTENSION
RESOLUTION NO. 74-6-5-2: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPiSTRANO REQUESTING AN EXTENSION OF TIME FOR
THE ADOPTIGN OF CERTAIN Et,EMEINTS OF ITS Gf-•,ERAL PLAN
It was moved by Councilman Heckechor, seconded by Councilman
Sweeney and unanirxr;sly carried to adopt Resolution No. 74-6-5-2.
The Resolution authorises ;he Planning Director to file with the
Council on Intergovtrnment Relations an application for an
extension of time within which to prepare and adopt the seismic
safety, noise, safety, and scenic highway elements of its General
Plan until January 1, 1975.
3. E_'.TENSION OF LAND USE PERMIT 72-121, ALIPAZ (ChADE)
It was moved by Councilman Sweeney; seconded by Councilman
Weathers to approve an extension of Land Use Permit 72-121 to
July 1, 1974. The motion carried by the following vote:
AYES: Councilmen Sweeney, Weathers and Mayor Byrnes
NO S: COnnCilmen Eeckscher and Nash
ABSENT: None
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PUBLIC WORKS DEPARTMENT
1. QUITCLAIM DEED FOR SERRA PARK SLOPE EASEMEN'T'S TO WESTPORT
It was moved by Councilman Weathers, seconded by Councilman Nash
and unanimously carried to approve the Quitclaim Deed subject
to the approval of San Diego Gas & Electric and to authorize the
Mayor and City Clerk to sign on behalf of the City. The slope
easement would be incorporated in the back yards of Westport
Tract 7273 and would be maintained by the home owners.
2. SEWER CHARGES, TRACT NO. 8460 (HOLSTEIN)
At the request of the City Attorney, Mayor Byrnes ordered this
matter held over to the Council meeting of June 19, 1974.
COUNCIL REMARKS
1. CLIFF SWALLOW RESEARCH PROJECT REPORT
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the City contract directly
with one of three listed university staff members with specialized
knowledge of cliff swallow studies to perform a study and !z•ubmit
recommendations to the Council for the maintenance and enhancement
of cliff swallow habitats at a sum -not to exceed $400. Selection
of the person to perform the work is left to the discretion of
staff and Legislative Aide Elizabeth Riley.
2. ORDINANCE TITLES
Councilman Nash suggested a new format for Ordinance titles.
3. SENIOR CITIZENS ADVISORY COMMITTEE
Councilman Sweeney noted that a vacancy exists on the Senior
Citizens Committee and that it would be appropriate for a City
resident to serve on the Committee.
RECESS AND RECONVENE
Council recessed to a Personnel Session at 9:30 P.M. and reconvened at
9:40 P.M.
TRAFFIC AND TRANSPORTATION COMMITTEE APPOINTMENTS
Following discussion of appointments to the newly -created Traffic and
Transportation Committee, it was moved by Councilman Weathers, seconded
by Councilman Sweeney and unanimously carried that the following persons
be appointed as citizen members of the. Committee:
Donald Miles
Kenneth Crosby
Richard McMechan
Jerry Lugo
Sheriff Thad Dwyer
Councilman Weathers and Public Works Director Murphy will serve as
Council and Staff members.
ORANGE COUNTY HEALTH PLANNING COUNCIL - SELECTION OF REPRESENTATIVE
It was moved by Councilman Weathers; seconded by Councilman Sweeney
that John Gibson be appointed as the City's representative on the Orange
County Health Planning Council. Tice motion carried by the following vote
AYES: Councilmen Sweeney, Weathers, Nash and Mayor Byrnes
NOES: Councilman Heckscher
ABSINT: None
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ORANGE COUNTY SENIOR CITI%L:NB ADVISORY COMMITTEE-- NOMINATION
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried that John Manypenny be nominated to fill the
vacancy on the Orange Couni:y Senior Citizens Advisory Committee.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 10:40 P.M. to the next meeting date of Monday, June 10,
1974, at 7:00 P.M. in the City Council Chamber for continued discussion
of the proposed 1974-75 fiscal budget.
Respectfully submitted,
5 _.
6/5/74