74-0703_CC_Minutes_Regular Meeting157
JULY 3, 1974
REGULAR METE7ING OF THE CITY COUNCIL, CITY OF SAN JUAN CA,PISTRANO
The Regular Meeting of the City Council was called to order by Mayor
pro tem Weathers at 7:03 P.M., followed by the Pledge of Allegiance
to the Flag. Invocation was given by Pastor Roger Boatman of the.
Community Christian Church.
ROIL CALL: COUNCILMEN PRESENT: James K. deatbers, Mayor pro tem
Councilman Yvon 0. Heckscher
Councilman Douglas B. Nash
Councilman John B. Sweeney
COUNCILMEN ABSENT: Mayor Byrnes, who .joined the
meeting at 7:40 P.M.
STAFF PRESENT: Donald G. Weidner, City Manager; Jack Kubota, City
Engineer; Jack Raines, Associate City Engineer; William Murphy, Director
of Public Works; James Okasaki, City Attornev: John O'Sullivan, Director
of Finance; David Smith, Director of Planning; Mary Ann Hanover, City
Clerk.
MINUTES
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that the Minutes of the Regular Meeting of
June 5, 1974,,be approved with the exception of Item 2, Page 2:
Tract No. 7616, Condition 30 (Westport). Council requested receipt
of a verbatim transcript of this item with regard to Mr. Hockscher's
motion.
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that the Minutes of the following meetings be
approved as submitted:
Adjournod Regular Meeting of June 10, 1974;
Adjourned Regular Meeting of June 12, 1974;
Adjourned Regular Meeting of June 17, 1974;
Regular Meeting of June 19, 1974;
Adjourned Regular Meeting of June 24, 1974.
ION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman Nash and
unanimously carried that all ordinances and resolutions be read by
title only.
COMMUNICATIONS - ORAL,
1. SUBDIVISION SIGNS
Mr. George Riley addressed the Council to request that a moratorium
be placed on subdivision signs. Council directed that an urgency
ordinance be drafted for submission at the July 17th Council meeting
2. LANDSCAPE MAINTENANCE - HOMEOWNERS' ASSOCIATIONS
Mr. Riley addressed the Council regavding the problems of landscape
maintenance in Planned Development areas. Council directed that
this matter be discussed at the July 17th meeting.
COMMUNICATIONS - WRITTEN
1. TOWN HALL ASSOCIATION - SCHOOL OVERCROWDING
Council received copies of a letter from the Town Hall Association
dated June 25, 1974, requesting adoption of an ordinance requiring
the posting of pertinont school information in all tract sales
offices. Council directed that this matter be referred to the
City Attorney and to staff for preparation of an ordinance
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eui'orcing display of school information in alL housing tract
sale;_s Off ice..
2. ANIMAL SHELTER - REQUEST OF COUNTY TO BAKE 'PRESENTATION
Council received copies of a letter dated June 26, 1974, from
John Philp, County Health Officer, requesting an opportunity to
discuss the County's proposed plans regarding a South County
Animal Shelter installation in the City. The City Manager was
directed to respond to Dr. Philp and invite him to address the
Council.
3. VETERANS ADMINISTRA"PION - RESIDENTIAL BUILDING RECORDS
The City Attorney advised that an inquiry had been received from
the Veterans Administration asking whether the City had adopted an
ordinance requiring reports of Residential Building Records.
Council directed that this matter be brought up at a future meetin
after review by the City Attorney.
PUBLIC HEARINGS
1, APPEAL, OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 74-5
PRE-SCHOOL c)Yi;RA'fION (FORSNAS
Mayor Byrnes declared the Public Hearing opened and inquired if
anyone in the audience wished to address the Council in favor of
allowing. the location of the Capistrano Pre -School in an E-3
zoning district north of the Ortega Highway. Council had received
a 1.etter.from Mrs, Mari L. Wynn in favor of the location and a
petition in favor was also received; a letter from Neal and Jean
VanderZiel was received in opposition to the location. Mrs. Mildred
Forsnas, Honora Benda, Mrs. Toni Ailer and Thelma Eizel addressed
the Council in favor of allowing the pre-school use. Connie Riley,
Laurie Dawson and Miles Shrewsbury spoke against the proposal,
Mrs. Ruth Sandberg had communicated her feelings in favor of the
pre-school by telephone, :Mayor Byrnes declared the Public Hearing
closed with the right to re -open at any time,
After Council discussion, it was moved by Councilman Heckscher
that this matter be continued so that possible further investiga-
tion could be made. The motion died for lack of a second.
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried to support the recommendation of the
Planning Commission and deny the appeal for Conditional Use
Permit 74-5. Council suggested that City staff assist Mrs. Forsnas
in locating a pre-school site,
RECESS AND ^L'CONVENE
Council recessed at 8:30 P.M
PUBLIC HEARINGS (continued)
and reconvened at 8:45 P.A.T.
2. STORER CABLE TELEVISION - REQUEST FOR RATE INCREASE
Mayor Byrnes declared the Public. Hearing opened regarding a reques
of Storer Cable TV for a 1.5% increase (from $6.00 to $6.90) in
service rates and inquired if anyone in the audience wished to
address the Council in favor of granting the rate increase. Mr.
John Romania and Mr. Ray O'Toole of Storer Cable TV addressed the
Council in favor of the proposed increase. Mr. Fritz Stadus,
Mrs, Ginger Coff, Mr. Jerry Coff and Mary Lou Moreno addressed the
Council in opposition to n rate increase. Mayor Byrnes declared
the Public Hearing closed with th;: right to re -open at any time.
It was moved by Councilman Weathers, seconded by Councilman
Hecicscher and unanimously carried to deny the request for a rate
increase. Council tjlember, stated that a rate increase could be
considered at such time a.: t:he fevcl of service is to the subscribers
satisfaction, 6tai'f was; directed, Lo place the Lca:,u.,, of California
Cities'projcctcd tolevi:�.ion ord'nztIic:; on ttio next a;;onda for
Council consideration anc Lo follow
t:. 1) on
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complaints received from residents.
PUBLIC HEARINGS (continued)
3. ADOP'T'ION OF 1974-75 FISCAL BUDGET
Mayor Byrnes declared the Public Hearing opened and asked if
anyone in the audience wished to speak on this matter. There
being no one wishing to address the Council, the Mayor declared
the Hearing closed with the right to re -open at any time. No
action was taken on the budget adoption at this time.
4. PROPOSED AMENDMENT TO ZONING ORDINANCE - DISTRICT SYMBOLS
This item has been re -advertised for hearing on July 17, 1974,
and Mayor Byrnes ordered the matter continued to that date.
BIDS, CONTRACTS AND AGREEMENTS
1. FLOOD CONTROL OPEN SPACE LEASE - TRABUCO CREEK CHANNEL
RESOLUTIQN NO. 74-7-3-1: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A LEASE
FROM TIIE ORANGE COUNTY FLOOD CONTROL DISTRICT OF LOTS 60 AND 62,
TRACT 103, TRABUCO CREEK CHANNEL.
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried that Resolution No. 74-7-3-1 be adopted.
The Lease is for the purpose of preserving open space and providing
a free public recreation facility. Council directed that the
Board of Supervisors be requested to waive the County's request
for a $500 service fee in conjunction with the Lease,
2. AGREEMENT FOR LAW ENFORCEMENT SERVICES
After discussion, it was moved by Councilman Sweeney, seconded
by Councilman Nash and unanimously carried to approve the Agreement
for Law Enforcement Services between Orange County and the City
for a period of one year, to authorize and direct the Mayor to
execute the Agreement on behalf of the City, and the City Clerk
to attest thereto.
3. AGREEMENT FOR PROSECUTION SERVICES
It was moved by Councilman weathers, seconded by Councilman
Sweeney and unanimously carried to approve the Agreement for
Prosecution Services between. the Orange County District Attorney
and the City for a period of five years, to authorize and direct
the Mayor to execute the Agreement on behalf of the City, and the
City Clerk to attest thereto.
ORDINANCES AND RESOLUTIONS
1. RESOLUTION NO. 74-7-3-2: RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO URGING THE STATE DEPARTMENT OF BEACHES
AND PARKS TO UTILIZE A LARGER PORTION OF DOHENY STATE PARK FOR
OPEN BEACH
It was moved by Councilman Nash, seconded by Councilman Weathers
and unanimously carried to adopt Resolution No. 74-7-3-2.
2. ORDINANCE NO. 266 - PROVIDING FOR "BUSES -ONLY" PARKING
ORDINANCE NO. 2136: AN ORDINANCE OF THE CITY OF SAA' JUAN
CAPISTRANO AMENDING ORDINANCE NO. 84. AND PROVIDING FOR THE
DESIGNATION OF "BUSES -ONLY" PARKING BY RESOLUTION was read by
title by the City Attorney.
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried to adopt Ordinance No. 266.
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MoR
ORDINANCES AND RESOLUTIONS (coniinuod)
3. RESOLUTION NO. 74-7-3-3: A RI;SOLUTTON OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO APPROVING THE APPLICATION FOR
1974 STATE GRANT FIJNDS FOR THE DEVELOPMENT OF LONG PARK.
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried to adopt Resolution No. 74-7-3-3. The
application is for State funds for the development of Long Park
under the provisions of tho St::tr. Beach, Park, Recreational, and
Historical facilities Bond Act of 1974.
SUBDIVISIONS AND ANNEXATIONS
1. TRACTS 8264 AND 5126 (MAURER)
Councilman Weathers roported on the Council Committee meeting held
with Mr. Maurer regarding Tracts 8264 and 5126 and Mr. Maurer
addressed the Council. It was moved by Councilman Weathers and
seconded by Ccnneilman Sweeney that the City enter into an
agreement with Mr. Maurer (said agreement to be drawn up under
the direction of the City Attorney) whereby Mr. Maurer will hold
the City harmless from any and all expense and the cost of
eventually acquiring the 3 parcels needed to wider, the Ortega
Highway; that his performance in that agreement will be secured
by a bond in the amount of $100,000; and, that when said agreement
is approved, it be deemed that Mr. Maurer has net the conditions
imposed upon him for the tract map on the right-of-way of the
Ortega Highway and the school conditions. The motion carried by
the following vote:
AYES: Councilmen Sweeney, Weathers and Mayor Byrnes
NOES: Councilmen Nash and Heckscher
ABSENT: None
2. FINAL TRACT MAP 8460 (HOLSTEIN)
Mrs. Pat Lathrop addressed the Council the thank the City and
Holstein Company for their mutual cooperation in modifying the
tract and to request positive action by the City on the final map.
It was moved by Councilman Sweeney; seconded by Councilman
Weathers to accept the final Tract Map 8460, bonds, and fees, and
authorize the execution of the Public Improvement Agreement and
Tract Map subject to the incorporation of necessary lot line
modifications in order to conform with the final plans as approved
by the Planning Commission on July 2, 1974. The motion carried
by the following vote:
AYES: Councilmen Sweeney, Weathers and Mayylr Byrnes
NOES: Councilmen Nash and Heckscher
ABSENT: None
Mayor Byrnes stated that he had cast an affirmative vote because
of the Subdivision Map Act, but he is still opposed to the
subdivision.
Councilman Sweeney stated that he had fought this Tract from
the Planning Commission all of the way through with the
developer, had listed �o the homeowners' objections, and was
,ratified to hear Ili,f. Lathrop's statement. If we. allow
development like this to come into the City with this sort of
give and take on everyone's side, we can't possibly be hurt.
CONSENT ITEMS
It was moved by Councilman Sweeney, :,oconded by Counci7.ta*n Weathers
and unanimously earried to ;:pprove the staff rt:com;menda;i.uns regarding
the following matters:
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1. Rl-,QUEST TO CONDUCT CALENDAR SAI.;, _GIRL SCOUT COUNCIL
The request of the Girl Scout Council of Orange County to conduct
their annual Calendar Sale from November I through 20, 19747 is
approved conditioned upon receipt of a completed application form.
2. REOUEST TO USE COUNCIL CHAMBER -_RIO VISTA HOMEOWNERS- ASSOCIATION
The request of the Rio Vista IIomeowners Association to use the
City Council Chamber on August 22, 1974, from 8:00 P.M. to
10:00 P.M. in order to conduct their annual meeting is approved.
The $10 deposit has been paid.
ADMINISTRATIVE ITEMS
1. ORANGE COUNTY TRANSIT DISTRICT CORRIDOR STUDY
This item will be placed on the August 7th Agenda, when the
Transit District staff will make a presentation.
DIRECTOR OF FINANCE
1. TREASURER'S REPORT OF CASH BALANCES AND INVESTMENTS AS OF 5/31/64
Mayor Byrnes ordered the report received and filed.
2. COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1974
Council received copies of the CEPA Report for information.
3. APPROVAL OF WARRANTS
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the List of Demands
dated June 30, 1974, Warrants Nos. 3624 through 3686.
DIRECTOR OF PUBLIC WORKS
1. LONG PARK DEED - ATCHISON, TOPEKA AND SANTA FE RAILWAY CO
It was moved by Councilman Sweeney, seconded by Councilman
Weathers and unanimously carried to accept the Grant Deed from the
Atchison, Topeka and Santa Fe Railway Co. for the 0.488 acres of
land along Camino Capistrano and to authorize the City Clerk to
certify acceptance of same.
It was moved by Councilman Weathers, seconded by Councilman Nash
and unanimously carried to authorize the payment of the 1911 Act
Improvement Bond of $25,892.17 from the 1973-74 City budget.
2. SEWER EASEMENT, TRACT 7196 (WESTPORT)
It was moved by Councilman Nash, seconded by Councilman Weathers
and unanimously carried to accept the Sewer Easement Deed for
Westport Tract 7296 as submitted.
3. ALIPAZ STREET RIGHTS-OF-WAY
RESOLUTION NO. 74-7-3-4: RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO AUTHORIZING THE ACQUISITION OF RIGHTS-
OF-WAY FOR ALIPAZ STREET.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to adopt Resolution No. 74-7-3-4.
COUNCIL REMARKS
1. Council directed that a resolution be prepared for submission to
the Board of .supervisors and to State representatives regarding
a special election to fill Supervisor Caspers' seat on the Board.
This matter is to be placed on the July 17th Agenda for Council
consideration.
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2. Mrs, Marilyn Williams addre,.-;od ti . !'ouncil regarding costs
for sheriA'f services.
ADJOURNMENT
There being no fu;•ther business before the Council., the m0eting was
adjourned at 11:40 P.P,!. to the next meeting; date of July 8, 1974,
at7:00 P.M. in the City Council. Ct:amber for continual ion of the
July 3, 1974, Agenda and for continued budget discussion.
APPROVED:
Respectfully submitted,
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