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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. ?- 6/5/74 A6 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 -3- 6/.x/74 13; 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 -4- 6/5,/74 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