74-0821_CC_Minutes_Regular MeetingAUGUST 21, 1974
REGULAR MEETING OF THE CI'T'Y COUNCIL, CITY OF SAN JUAN CAPISTRANO
The Regular Meeting of the City Council was called to order by Mayor
Byrnes at 7:07 P,M, in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Councilman
Jamqs K. Weathers.
ROLL CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor
James K. Weathers, Mayor pro tem
Councilman Yvon O. Heckscher
Councilman Douglas S. 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/City Engineer
James Okazaki, City Attorney; John O'Sullivan, Director of Administrative
Services; David Smith, Director of Planning; Mary Ann Hanover, City Clerk.
MINUTES
It was moved by Councilman Heckscher, seconded by Councilman Nash
and unanimously carried that the Minutes of the meeting of August 7,
1974, be amended by deleting the words "the applicant may appeal
this matter," from the last sentence of Item No. 2, Page 7.
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried that the Minutes of the meeting of August 7,
1974, be approved as amended.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that all ordinances and resolutions be read by
title only.
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT WITH WELPUTT AND OKAZAKI FOR LEGAL SERVICES
it was moved by Councilman Nash, seconded by Councilman Heckscher
and unanimou-sly carried to approve the revised Agreement for
legal services between the City and the law firm of Welputt and
Okazaki, to authorize the 'Mayor to execute the Agreement on
behalf of the City, and the City Clerk to attest thereto. The
Agreement is effective September 1, 1974.
2. AUTHORIZATTONT TO PU'RC'HASE 4-I'1HEEL DRIVE VEHICLE
Council recci.ved copies of a memorandum from the Director of
Administrativo. Services dated August 21, 1974, regarding the
proposed purchase of a 4 -wheel drive vehicle which would allow
Council mr,emaers and staff to travel to locations in the City
which are noc easily and safely accessibly in a passenger car.
Cou;icil direr!ted that this matter be held over, for investigation
of the pos:�;ibility of acquiring a vehicle which would carry more
passengers.
3. AG:i,sEMENT WiTII WOODSIDE/KUBOTA FOR ENGINEERING SERVICES
'4 was by Ckv..ncilman Weathers, seconded by Councilman vasa
and ananii: ,u-,ly caj Tied to approve the revised Agreement between
!-h. City aa,d the firm of Woodside/Kubota and Services, Inc.,
for onginee�'ing sorvices, to authorize the ,^,4aycr to executo the
Ag.ee!ner.t on Lohali' of the City, and the City Cle?'k to attest
taoreto. T';,, A,_;roeu:ont is effective July 1, 1974.
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4. PROPOSED AGREEMYNT 4YITH F. P, COOK_ CORPORATION FOR
SANI'1'li;tY 51iVYER 7LI[�lt MAlNTIiNrlNti i
Council ordered consideration of the proposed agreement for
sewer line maintenance held over.
5, PROPOSED AGREEMENT FOR COUNTY COOPERATIVE BIKEWAY
FINANCING PROGRAM - SAN JUAN CREEK AND TR�tSUCO CREEK
Council received copies of a memorandum dated August 21, 1974,
from the Director of Planning enclosing a draft agreement with
Orange County for the construction of the San Juan Creek and
Trabuco Creek bikeway trails. The Board of Supervisors has
approved the City's application for matching funds for fiscal year
1974-75 under the Countywide Cooperative Bikeway Financing Program.
It was moved by Councilman Nash, seconded by Councilman Heckscher
and unanimously carried that staff be directed to prepare the
final agreement for the construction of the San Juan Creek and
Trabuco Creek portions of the bikeways, including increased costs
due to flood control requirements, and that the Mayor be
authorized to execute said Agreement on behalf of the City.
6. PROPOSED AGREEMENT WITH THE REYNOLDS ENVIRONMENTAL GROUP FOR
SPECIAL STUDY OF CONDOMINIUM REGULATIONS AND CONVERSIONS
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to authorize the Planning Depart-
ment to prepare a proposed Agreement between the City and the
Reynolds Environmental Group for research studies dealing with
condominiums for Council consideration. Council indicated that
a representative of the firm should be present when this item
next appears on the agenda.
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION DENIAL OF ZONE VARIANCE 74-6
The City Attorney excused himself from the meeting and Mayor
Byrnes introduced Mr. Tully H. Seymour, special legal counsel,
who assumed "Mr. Okazaki's seat in the Council Chamber, The
Council received copies of Mr. Seymour's opinion dated August 20,
1974, and copies of a letter from Attorney Edwin Iliff, who
represents Air. and Mrs, Wysomierski, dated August 21, 1974.
Notice having been given as required by law, Mayor Byrnes
declared the Public Hearing re -opened and inquired if anyone in
the audience wished to address the Council on the matter, Mr.
Wysomierski stated he had nothing further to add. The Mayor
outlined the issues involved in the hearing. There being no
one else wishing to address the Council, the Mayor declared
the hearing closed with the right to re -open at any time.
It was moved by Councilman Sweeney, seconded by Councilman
Weathers a:,d unanimously carried that the condition for approval
of Zone Variance 74-6 set by the Planning Commission at their
meeting o' Iuly 2, 1974, i.e., "That the colors for the fence
be submitted to the Architectural Board of Review for approval"
be removed.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney ai:d unanimously carried that the appeal of Mr, and Mrs.
Wysomierski Por a zone variance be granted with the condition
that the front 7" section of the fence be removed.
City staff was directed to review the appropriate portions of
tho zoning ordinance for possible revision.
ORAL: COMA1UN f C "%T l0NS
1. DFs.IGNATION OF OFFICIAL NA1_iE FOR CREEXiJDE PARK \IiEA
Mr. Peter
11WUlan addv ossed the
Councia and
presented letters
Vrom the
Ch--:r,i;er of Commerce and
fro'-! the
Rotary Club reg7iesti1lg
t,h.;_t the
ei.-V Council_ consi:9c_�
naming 11,i�
propos-e;I park along
5..+� Juan
."•r,=k in h�•��ci, of
C. Russe -11
Cool, i,�ug-tir:c
caiderri.
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Ma„r; f (� Glsen
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ORDINANCES
1. ORDINANCE NO. 274: RELATING TO VENDING AND LAUNDRY MACHINERY-
BUSINIES LICE, SES
TN ORDI�E OP THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 16-C. OF ORDINANCE NO, 171 RELATING TO VENDING
AND LAUNDRY MACHINERY AND REPEALING ORDINANCE NO. 195 was read
by title by the City Attorney.
It was moved by Councilman Nash, seconded by Councilman Weathers
and unanimously carried that Ordinance No, 274 be adopted.
2. ORDINANCE NO. 275: RELATING TO THE POSITIONS OF INTERN AND
LEGISLATIVE AIDE
AN ORDIN� NCS' THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 6 01' ORDINANCE NO. 194 BY ADDING THE POSITIONS
OF INTERN AND LEGISLATIVE AIDE TIIERETO was read by title by
the City Attorney.
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried that Ordinance No. 275 be
adopted.
RESOLUTIONS
1. 911 EMERGENCY TELEPHONE SERVICE
RESOLUTION NO. 7 -21- • 1 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO REQUESTING THE COUNTY OF
ORANGE TO PROVIDE 911 EMERGENCY RESPONSE SERVICE FOR THE CITY
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 74-8-21-1
be adopted. This is a State-wide program; Assembly'Bill-515'
mandates that all local governments establish a timetable for
the implementation of Emergency Reporting 911 Systems on or
before January 31, 1975,
2. INSPECTION OF FARM LABOR CAMPS
RESOLUTION NO. 74- -21-2_: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING THE
HEALTH OFFICER OF THE COUNTY OF ORANGE AS THE ENFORCEMENT AGENT
FOR THOSE PROVISIONS OF THE EMPLOYEE HOUSING ACT RELATING TO
FARM LABOR CAP:]PS
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried that Resolution No. 74-8-21-2
be adopted.
YEAR END BUDGET TRANSFERS
RESOLUTION NO, A RESOLUTION OF TIIE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CITY
BUDGET FOR THE FISCAL YEAR 1973-74 AND AUTHORIZING CERTAIN BUDGET
OVEPLr2CPENDITURES AND TRANSFERS OF FUNDS
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried that Resolution No. 74-8-21-3
be adopted as corrected.
RESOLUTION FORMAT
It was moved by Councilman Nash; seconded by Councilman Heckscher
that'staff be directed to prepare resolution ti.tlr�s in a format
similar to that beim*_ used for ordinances. The motion carried by
the following vote:
NOES: Councilman V,c:ithers ai,,! Kayor Ugcnes
ABSZ:N'I': None
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RECESS AND RECONVENE
Council recessed at A:45 P.M. and reconvened at 8:55 P.M.
SUBDIVISIONS
1. TRACT NO. 7393 - EXONERATION OF BONDS (BAUER DEVELOPMENT COM)ANY)
It was moved by Councilman Weathers, seconded by Mayor Byrnes
and unanimously carried to accept the improvements of Tract 7393
and to exonerate the bonds in connection therewith. All con-
struction has been completed according to the improvement plans
and monuments have been placed.
CONSENT ITEMS
It was moved by Councilman Weathers, seconded by Councilman Heckscher
and unanimously carried to accept the staff recommendations with
regard to the following matters:
1. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES
Council received copies of the City Treasurer's Report of 1911
Act Delinquencies as of August 12, 1974, for information.
2. SEWER EASEMENTS, DOL 72--110, SMYTIi BROS (VETA COMPANY)
Council accepted the right-of-way easements for sewer purposes
in connection with Division of Land 72-110 and authorized the
City Clerk to certify acceptance.on behalf of the -City; The
deed has been executed by the Smyth Brothers, the grantors.
3. SIDEWALK ENCROACHMENT PERMIT FOR SAN JUAN PLAZA - PLANTER AREAS
Council approved the issuance of an encroachment permit for
planter areas in the public right-of-way along Camino Capistrano
for San Juan Plaza. The planting spaces will encroach into
the sidewalk area; a minimum of six feet of unobstructed travel
way will be retained.
REQUEST FOR EXTENSION OF TIME - DEL OBISPO STREET IMPROVEMENTS
GRIFFITH COMPANY CHANGE ORDER NO. G
It was moved by Councilman Weathers, seconded by Councilman Heckscher
and unanimously carried to grant the Griffith Company a 60 -day extension
of time to October 3, 1974, for completion of the street improvements
on Del Obispo Street from Los Rios Street to Camino Capistrano,
Change Order No. 2, Arterial Highway financing Program #686.
REQUEST FOR FRANCAISE 10/21 THROUGH 10/27/74. ADIOS A LAS GOLONDRINAS
Y r'IESTA DE L,C)S__X-RTES (CHTM131Si O OhI1EP,,CEr
Council received copies of a letter from Rita Casteel, Chairman,
Chamber of Commerce Ants and Crafts Festival, dated August 2, 1974,
requesting the City to issue a _franchise for the period October 21,
1974, through October 27, 1974, for the purpose of conducting an
Adios a Las Golondrinas y Fiesta de los•. Artes in conjunction with the
departure of the swal'ows. It was moved by Councilman Weathers,
seconded by Councilman Sweeney and unanimously carried to approve the
request. The City Attorney will prepare an ordinance granting the
franchise for Council consideration. Events are scheduled to be held
on Yorba Street anc? in the Mini Park.
REQUEST OF P.PCD TO i'r,ACE AIN i�!ONITOR_IN STATION (IN
CITY PRop Y — -- --- — -- -- ------
Council received copies of a request dated August 6, 1974, from the
County Air Pollution Control District for permissi,nn to place
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a mobile air monitoring station in the north-east corner of City Hall
property. The station would be in operation on or about January 1,
1975, and uo uld be completely self-contained. It was moved by
Councilman Weathers, seconded by Councilman Sweeney and unanimously
carried to approve the request of the County APCD.
Council members questioned the location of the unit due to its
proximity to the ocean, freeway and railway tracks and requested that
the.City Manager pursue the suitability of this location with the
appropriate County officials.
PERSONNEL - TEMPORARY SALARY ADJUSTMENT
The City Manager requested that Council approve a temporary salary
increase for Planning Department Clerk -Typist Carole Hendershot who
is performing Secretary II duties during the leave of absence of _
Planning Secretary Carmen Murphy. The request is for a 30 -day
increase from salary range 16 ($667) to salary range 19.5 ($792).
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried to grant the request.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. STAFF REPORT FOR JULY, 1974
Council received copies of the Staff Report for July, 1974, from
the Director of Administrative Services for information.
2. APPROVAL OF WARRANTS
It was moved by Councilman Heckscher, seconded by Councilman Nash
and unanimously carried to approve the List of Demands dated
August 21, 1974, Warrants Nos. 3834 through 3907 inclusive.
3. CITY TREASURER'S REPORT OF CASH FUND BALANCES
Council .received copies of the City Treasurer's Preliminary
Summary Statement of Fund Cash Balances for the Year Ended June 30,
1974, for information.
DIRECTOR OF PLANNING
1. STAFF REPORT FOR JULY, 1974
Council received copies of the Planning Department Staff Report
for the month of July, 1974, for information.
2. A,TPAZ RECREATIONAL VEHICLE PARK - SWAN CONSTRUCTORS, INC.
(LTD USF' PL'Rh(IT '7FP1a OFi;GUNCI— L ACTION
Council. received copies of a report dated August 21, 1974, from
the Director of Planning attaching a proposed construction
schedule for the Alipaz Recreation Vehicle Park submitted by
\ir. Roland Olsen in conjunction with an appeal of action taken
by the City in voiding Land Use Permit 72-121. It was moved by
Councilman Heckscher; seconded by Councilman Nash to reject the
appeal for the reinstatement of Land Use Permit 72-121. The
motion carried by the following vote:
AYES: Councilmen Weathers, Nas;i and Heckscher
NOES: Councilman Sweeney and Mayor Byrnes
ABSENT: None
DIREC"'OP OF PI„I,IC WORc:_/CI^1Y ENGTNErR
1. Council received c•:pies of the StafLo Reports for July, 1974,
irom the Director of Public 1iorks and from the City Eugiueer's
office for information.
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P11
3.
191
REFUND - SEWER ACREAGE CHARGE, TRACT 8460 (UOLSTEIN)
Council received copies of a report from the City Engineer's
office dated August 21, 1974, regarding the overpayment by the
developer of sewer acreage charges. It was moved by Councilman
Weathers, seconded by Councilman Sweeney and unanimously carried
to authorize the Finance Director to issue a warrant in the
amount of $1,650.00 to First American Title Insurance Company
for the overpayment of sewer acreage charges for Tract 8460
(Holstein).
REQUEST FOR REDUCTION OF DRAINAGE FEE, LOT 7, TRACT 318 (VALLE)
This item was withdrawn from the Agenda at the request of the
applicant.
ISTRANO DEVELOPMENT_ INC.. DIVISION OF LAND 73-104 -
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to accept the recommendation of
the Director of Public Works regarding the request of Capistrano
Development Company, Inc., for modification of the conditions of
approval of the division of 15 acres into 4 parcels (DOL 73-104),
as follows;
To approve portions of the requests being made that the condition
of approval of DOL 73-104 be modified by alteration of Planning
Condition #4, requiring the property owner to irrevocably
dedicate the necessary easement for a 40 -foot street throughout
the property as required by the City Engineer; that Planning
Condition #2 be altered to read that in lieu of full street
improvements a contribution of $6,353 be made toward such improve-
ments; all other conditions of approval of the City Council
action of March 23, 1974, to remain in full force and effect.
COMMISSIONS, BOARDS, COMMITTEES
1. BICENTENNIAL COMMITTEE - REQUEST FOR RELEASE OF FUNDS
Council received copies of a request dated August 15, 1974, from
Minnie Surlos, Co -Chairman, S^n Juan Capistrano Bicentennial
Committee, that Council release the sum of $500 from the $2,375
budgeted for the Bicentennial Committee. It was moved by
Councilman Sweeney, seconded by Councilman Nash and unanimously
carried to approve the request. The funds will be used for
stationery supplies, travel and telephone expense and secretarial
services.
2. CIVIC CENTER COMMITTEE - ORAL REPORT
Councilman Sweeney presented an oral report on the status of site'
selection for the proposed Civic Center facility. Consideration
of sites 1 c:nd 2, the medical center property and the high school
property, has been deferred at the present time and efforts will
be concentrated on site 3, the Los Rios area, in conjunction with
supportingi_inancial implication reports from the Finance
Director." Thereafter, the Committee will consider site 4, the
Zangline property, with similar financial impact reports. No sites
have been eliminated frau consideration. The Committee will meet
main in '.ate September or early October.
3, p?. KS AND P,LCREATiON COMMISSION
REP,Y'I'S OF i'AT?!:S AND I I:(''REATION C01 MISSION ACTIONS
Council received copies of the
Recreation Commission actions
1974, 'or information.
'te.,ports of the Park; and
for August 7 and Ail -us, 21,
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192
b. ESTABLISHMENT OF TIE CITY AS A BIRD SANCTUARY -
gRUIN— NSE NO, 7 IN'1'ItODUCTION
ORDINANCE NO. 276: ESTABLISHING TIIE CITY OF SAN .JUAN
CAPISTRANO AS A BIRD SANCTUARY - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, PROTECTING BIRDS AND
THEIR HABITAT was read by title by the City Attorney.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that Ordinance No. 276 be
introduced as modified.
C. CREEKSIDE PARK AREA - DESIGNATION OF OFFICIAL NAME
Council received the recommendation of the Parks and
Recreation Commission that the area known as Creekside
Park be designated as either (1) Vereda Park, (2) Creekside
Park, or (3) San Juan Park, in that order. It was moved by
Councilman Nash, seconded by Councilman Weathers and unani-
mously carried that this matter be referred back to the
Parks and Recreation Commission for consideration of names
of individuals for the park area long San Juan Creek and in
particular the name of Mr. C. Russell Cook.
Council suggested that the names of individuals should also
be considered when designating street names.
4. PLANNING COMMISSION
a. REPORT OF PLANNING COMMISSION ACTIONS
Council received copies of the Report of Planning Commission
Actions for August 6, 1974, for information.
b. VICTORIA BOULEVARD EXTENSION - COUNTY ROAD DEPARTMENT
Council received copies of reports from the Director of
Planning regarding the Environmental Impact Report for the
proposed Victoria Boulevard extension provided by the County
Road Department. It was moved by Councilman Weathers,
seconded by Councilman Heckscher and unanimously carried
that staff be directed to fox -ward the comments of the
Environmental Review Board to the County and to emphasize
that Victoria Boulevard is not a desired route, and that
more information must be provided through the environmental
impact report process before a choice can be made between
the alternative Stonehill Drive routes.
COUNCIL REMARKS
1. PROPOSED DIAL -YOUR -MAYOR PROGRAM
It was moved by C.Qnncilman Sweeney, seconded by Councilman
Heckscher and inianimously carried to approve the installation of
a separate telephone line and recording equipment to be utilized
by any citizen wishing to communicate with the Mayor and that the
necessary costs be borne by the City. The program is approved
on a 6 -month trial basis. The City will obtain and publicize the
telephone number to be called and automatic answering equipment
will be rented to facilitate a 24-hour response. If the trial
period proves successful, the equipment could be purchased by
the City and the telephone used by subsequent holders of the
office of Mayor.
2. CRITIQUE OF TOWN BALL ASSOCIATION REPORT ON I,OS RIOS AREA
Council directed that the Planning Department Critigae of the
Los Rios Area Report be placed on a future agenda so that Council
may address the recommendations of the Critique calling for
Council action.
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Y9
3, REQUEST FOR REPOR'T'S/INFORMATION
Councilman Sweeney requested that Council members receive copies
of the article in the July, 1974, issue of Nation's Cities
regarding the City Council Role. Staff was also requested to
obtain a copy of the report of the Kettering Foundation on
Community Development, as outlined in the same issue of Nation's
Cities,
Councilman Sweeney requested information regarding the selection
of cities as recipients of the "All American City" award, The
City Manager indicated that a list would be provided of the last
ten awards received by cities.
4. BICENTENNIAL COMMITTEE
Councilman Weathers reported that he had met with members of the
Bicentennial Committee on August 20, 1974, and had assured them
of the City's support of their function,
5. GROWTH POLICY APPEAL - CITY OF PETALUMA
At Councilman Nash's suggestion, Council discussed the amicus
curiae brief being prepared by the City of Irvine in support of
the City of Petaluma's court action regarding growth control.
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to honor the request previously received
from the City of Petaluma for aid by granting them the sum of
$250 to assist in the appeal of their pending growth control
issue. The City will lend its name to the brief being prepared
by the City of Irvine and will provide legal assistance in con-
nection therewith if required,
Councilman Nash requested that Council members receive copies
of Irvine's growth control permit procedures.
6, COUNTY HOUSING AUTHORITY
Councilman Heckscher suggested that the City join the federally
funded County Housing Authority in order to assist the
economically disadvantaged. It was moved by Councilman Heckscher,
and seconded by Councilman Weathers that the City join the
program of the Orange County Housing Authority. The motion was
tabled to n future meeting date pending receipt of a full report
on the impact of the program and documentation of appropriate
agreements and programs,
PERSONNEL SESSION
Council adjournedto a Personnel Session at 10:53 P.M. and reconvened
at 11:00 P.M.
CITY MANAGER - SALARY INCREASE
It was moved by Councilman Weathers, seconded by Councilman Nash and
unanimously carried that the City Manager's salary be increased by
the sum of .$315.00 per month effective September 1, 1974,
ADJOURNMENT
There being no lnrther business before the Council, the meeting was
adjourned at 12:10 A.M „ August 22, 1974, to the next meeting date of
Saturday, August 24, 1974, at 8:30 A.M. at the Colony Kitchen.
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Respectfully submitted,
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