74-1002_CC_Minutes_Regular MeetingOCTOBER 2, 1974
REGULAR MEETING OF THE CITY COUNCIL, CITY OF SAN JUAN CAPISTRANO
The Regular Meeting of the City Council was called to order by
Mayor Byrnes at 7:01 P.M. in the City Council Chamber, followed by
the Pledge of Allegiance to the Flag. Invocation was given by
George Madsen.
ROLL CALL: COUNCILMEN PRESENT:
COUNCILMEN ABSENT
Roy L. Byrnes, Mayor
James K. Weathers, Mayor pro tem
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
Councilman John B. Sweeney
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 Weathers, seconded by Councilman Nash
and unanimously carried that the Minutes of the Special Meeting of
September 14, 1974, be approved as submitted.
It was moved by Councilman Nash, seconded by Councilman Weathers
and unanimously carried that the Minutes of the Regular Meeting of
September 18, 1974, be approved with the addition of the following
words at the end of the last paragraph, Page 4: the notices
are to be sent by certified mail."
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried that all ordinances and resolutions be read
by title only.
BIDS, CONTRACTS, AGREEMENTS
1. PROPOSED LEASE OF CITY PROPERTY FOR STABLES OPERATION
CONNOR ANDERS N OF TRACT 8264, ORTEGA HIGHWAY
Council received copies of a proposed agreement between the City
and Jim Connor and Gordon Anderson for the lease of Lot E,
Tract 8264, for a horse stables'operation. This property is
to be transferred to the City upon approval of the Final Map to
be submitted by the owner/developer, Robert Maurer. Dr. Anderson
addressed the Council; and, after discussion of various aspects
of the proposed agreement, including a proposed earth worm
operation on the premises, it was the consensus of the Council
to signify their support of a horse stable at this location.
The matter was referred to staff for redrafting of the agreement.
2. MISSION FLATS DRAINAGE - DON JUAN STREET
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried to approve the plans and specifi-
cations and to authorize a call for bids for correction of the
drainage problem on Don Juan Street in the Mission Flats area,
as requested by the Director of Public Works. The Director
noted that the Ortega Highway project was deleted from the
project and will be handled as a separate matter.
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3. FENCE CORRECTION - TROY/HARBOR LANE HOMES
RE ULT OF BIDS AGItLeEMENT WITH PROPERT OWNERS
Council received copies of a report dated October 2, 1974, from
the Public Works Director regarding the status of bids received
for correction of the fence boundary between Troy and Harbor
Lane Homes and the receipt of agreements from property owners
for participation in this project. It was moved by Councilnu n
Sweeney, seconded by Councilman Nash and unanimously carried
that, upon receipt from the property owners of all deposits
and executed agreements, the low bid in the amount of $2,625.00
from Capistrano Fence Company for the Troy/Harbor Lane Homes
fence correction project be approved, the City Manager be
authorized to execute the contract, and all other bids be
rejected.
It was moved by Councilman Weathers, seconded by Councilman
Nash and unanimously carried to authorize and direct the Mayor
to execute the agreements on behalf of the City upon receipt
of all 16 agreements and deposits.
PUBLIC HEARINGS
1. ZONING AND PLANNING APPLICATIONS -
EXTENSION LF DEFERRAL PERIOD
Notice having been given as required by law, Mayor Byrnes
declared the Public Hearing on the proposed extension of the
deferral period for the acceptance of certain zoning and
planning applications open and inquired if anyone in the
audience wished to address the Council on this matter. The
Planning Director advised that at their meeting of October 1,
1974, the Planning Commission had adopted a resolution supporting
the extension of the deferral period.
Mr. Robert Orr, 27762 Forbes Road, Laguna Niguel, addressed
the Council to inquire if the deferral period could be extended
in shorter, multiple increments rather than for an 8 -month
period. Mr. Justus Gilfillen of Newport Beach, representing
Mission Hills Ranch, Inc., addressed the Council to question the
over all length of the deferral period.
There being no one else wishing to address the Council on this
matter, Mayor Byrnes declared the hearing closed with the
right to re -open at any time.
ORDINANCE NO. 278: RELATING TO ZONING AND PLANNING APPLICATIONS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO DEFERRING THE
ACCEPTANCE AND PROCESSING OF CERTAIN ZONING AND PLANNING
APPLICATIONS, EXTENDING THE PROVISIONS OF ORDINANCE NO. 265
was read by title by the City Attorney.
It was moved by Councilman Sweeney, seconded by Councilman
Weathers and unanimously carried that Ordinance No. 278 be
adopted as an urgency ordinance with the addition of the follow-
ing words at the end of Section 1: . or for the period of
eight months from the date of this Ordinance, whichever should
terminate earlier."
Council had received copies of a report dated October•2, 1974,
from the Planning Director recommending the adoption of the
above ordinance and the development of a priority list for
processing development applications. It was moved by Council-
man Heckscher and seconded by Councilman Nash to direct staff to
develop a priority list for the eventual processing of development
applications. After discussion, the motion and second were withdraws
since the staff recommendation would allow the submission of
applications, etc, at the present time in order to establish
the priority list; preference is for proceeding with the
adoption of the General Plan and supportive ordinances. It was
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moved by Councilman Weathers and seconded by Councilman
Sweeney to accept the staff recommendation that a priority
list be developed for the eventual processing of development
applications. The motion carried by the following vote:
AYES:
Councilmen
Sweeney,
Weathers and Mayor Byrnes
NOES:
Councilmen
Nash and
Heckscher
ABSENT: None
It was moved by Councilman Sweeney to direct staff to develop
a priority list for development applications beginning no earlier
than January 1, 1975. There was no second to the motion.
It was moved by Councilman Nash to rescind the above adopted
motion and to approve the amended motion set forth by Council-
man Sweeney. Mayor Byrnes directed that this matter be heard
at the end of the Council Agenda.
At that time, it was moved by Councilman Nash and seconded by
Councilman Heckscher to rescind the above adopted motion and
to adopt the amended motion as made by Councilman Sweeney. The
motion was withdrawn.
It was moved by Councilman Nash and seconded by Councilman
Sweeney to reconsider the adopted motion accepting the staff
recommendation that a priority list be developed for the
eventual processing of development applications. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Nash and
Heckscher
NOES: Mayor Byrnes
ABSENT: None
It was moved by Councilman Nash and seconded by Councilman .
Heckscher to amend the previous action and to direct staff to
develop a priority list for development applications beginning
January 6, 1975. The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Byrnes
NOES: Councilman Weathers
ABSENT None
2. ZONING - NOTICE TO NEIGHBORING PROPERTY OWNERS (RZ 74-2-T
Notice of the continuation of this Public Hearing from the
Council meeting of September 4, 1974, having been properly
posted, Mayor Byrnes declared the Hearing re -opened and asked
if anyone in the audience wished to address the Council on this
matter. There being no response, Mayor Byrnes declared the
Public Hearing closed with the right to re -open at any time.
ORDINANCE NO. 279: DELETING THE REQUIREMENT FOR NOTICE TO
NEIGHBORING LANDOWNERS OF PUBLIC HEARINGS FOR ZONE CHANGES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPlSTRAN EPEALING
SECTION 6.01.4 c OF ORDINANCE NO. 115 was read by title by
the City Attorney.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that Ordinance No. 279 be
introduced.
It was moved by Councilman Heckscher, seconded by Councilman
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Weathers and unanimously carried to direct staff that, after
the mailing of notices by certified mail to all of the owners
of record of public hearings to be conducted on the Land Use
Management Code, the process of mailing notices to neighboring
landowners shall be reinstituted for all other proposed zone
changes.
ORDINANCES - POSTING OF SCHOOL ATTENDANCE INFORMATION
ORDINANCE NO. 280: RELATING TO SCHOOL ATTENDANCE INFORMATION
AN ORDINANCE Or"TIIE`CITY'COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO REQUIRING THE POSTING OF INFORMATION REGARDING
SCHOOL ATTENDANCE AND CLASS SCHEDULING IN SUBDIVISION SALES
OFFICES was read by title by the City Attorney.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that Ordinance No. 280 be
introduced with the following changes to Section 1:
a. First paragraph, delete the word "or" between the words
"model homes" and "sales offices"
b. The sign to be posted shall read as follows:
,,SOME SCHOOLS IN SAN JUAN CAPISTRANO ARE OVERCROWDED.
THIS SALES OFFICE IS REQUIRED TO PROVIDE EACH
PROSPECTIVE PURCHASER A COPY OF THE SCHOOL DISTRICT'S
LATEST REPORT ON THE ATTENDANCE, CLASS SCHEDULING AND
OTHER PERTINENT INFORMATION. FOR FURTHER INFORMATION
ON SCHOOL ATTENDANCE ZONES AND CLASS SCHEDULING,
CONTACT THE CAPISTRANO UNIFIED SCHOOL DISTRICT AT
26126 VICTORIA BOULEVARD, CAPISTRANO,BEACH, CALIFORNIA,
TELEPHONE NO. 496-1215."
RESOLUTIONS
1. AUTHORIZING DESTRUCTION OF CERTAIN RECORDS
Council discussed the reports dated October 2, 1974, from the
Director of Administrative Services and from the City Clerk
requesting authorization to destroy certain City records, i.e.,
cancelled checks, paid vouchers and cash receipts dated prior
to 6/30/69; miscellaneous records in the office of the City
Clerk dated prior to 10/2/69,and duplicate records less than
5 years old, pursuant to Government Code Sections 34090 and
34090.7. Council members expressed concern with the proposed
destruction of financial records and original documents.
It was moved by Councilman Nash and seconded by Councilman
Heckscher that no City records will be destroyed for 10 years.
The motion failed by the following vote:
AYES:
Councilmen
Nash and
Heckscher
NOES:
Councilmen
Sweeney,
Weathers and Byrnes
ABSENT: None
It was moved by Councilman Nash, seconded by Councilman Weathers
and unanimously carried to allow the destruction of duplicate
records.
RESOLUTION NO. 74-10-2-1: PROVIDING FOR THE DESTRUCTION
Uhnjj4,jA R11l.Vnijo - 11 n. ouV V11V1l V1' ".1/
OF SAN JUARN—C-AfTISTRANO, CALIFORNIA, AUTHORIZING AND DIRECTING
THE CITY CLERK AND THE DIRECTOR OF ADMINISTRATIVE SERVICES TO
DESTROY CERTAIN CITY RECORDS AND DOCUMENTS PURSUANT TO THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA
It was moved by Councilman Weathers and seconded by Councilman
Sweeney that Resolution No, 74-10-2-1 be adopted, The motion
carried by the following vote:
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AYES: Councilmen Sweeney, Weathers and Mayor Byrnes
NOES: Councilmen Nash and Heckscher
ABSENT: None
It was moved by Councilman Nash and seconded by Councilman
Heckscher to adopt a 10 -year policy for records retention and
that no pertinent original documents, cancelled checks, paid
vouchers,' or cash receipts be destroyed, effective October 2,
1974. The motion failed by the following vote:
AYES: Councilmen Nash and Heckscher
NOES: Councilmen Sweeney, Weathers and Mayor Byrnes
ABSENT: None
Council requested further information from staff, and directed
staff to develop a records retention policy.
2. SALARY OF CITY TREASURER
RESOLUTION NO. 74-10-2-2: RELATING TO SALARY OF CITY TREASURER -
E OLUTIONOF-THE CITY COUNCIL OF THE CITY OF SAN JUANC I T O
FIXING SALARY FOR CITY TREASURER
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried that Resolution No. 74-10-2-2
be adopted. The Resolution fixes the salary of the City
Treasurer at $150.00 per month, effective September 19, 1974.
CONSENT ITEMS
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to accept the staff recommendations with
regard to the following matters:
1. EASEMENT DEED ON DON JUAN AVENUE (MEADOWS
. m rr r. l"
The Easement Deed duly executed by the grantors, Thomas J.
and Virginia S. Meadows, for street and highway purposes for
Parcel 1, Tract 808, and for slope purposes for Parcel 2,
Tract 808, is accepted and the City Clerk authorized and
directed to certify acceptance thereof. The Easement Deed is
required in conjunction with the correction of the drainage
problem in the Mission Flats area.
2. STREET DRAINAGE - ORANGE COUNTY FLOOD CONTROL DISTRICT PERMIT
WESTPORT TRACTS 7616, 8593, and 85947
Permit Application No. 22074 to the Orange County Flood Control
District for permission to enter the Flood Control Channel in
order to pick up street drainage from the subject tracts and
carry it through the dike into San Juan Creek is approved and
the Public Works Director authorized and directed to sign on
behalf of the City. The developer will prepare all necessary
plans and pay all fees to the District.
REPORT ON GRADING OPERATION - MEREDITH COMPANY
The City Attorney presented an oral report regarding complaints
received due to noise, dust and traffic generated by the Meredith
Company development above Viewpointe Homes in the Alto Capistrano
area. Council received copies of an ordinance from the City of
Orange establishing noise control regulations. The City Attorney
was directed to study both the City of Orange and the Orange County
noise ordinances and submit a proposed ordinance to the City Council
for consideration.
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ORAL COMMUNICATIONS
1. REQUEST FOR AGENDA INFORMATION
Mr. Peter Herman addressed the Council to inquire what items
the Council intended to consider in the Executive Session
listed on the Agenda. Mayor Byrnes replied that a
discussion was planned with a representative of Public
Management Services of salary and personnel requirements in
the recruitment of a new City Manager.
2. LOS RIOS STREET STUDY
Mr. Forrest Dunivin addressed the Council to suggest that property
owners from the area be included, if Council selects a committee
to conduct a study of the Los Rios Street area.
RECESS AND RECONVENE
Council recessed at 9:25 P.M. and reconvened at 10:10 P.M. after
Executive Session.
DIRECTOR OF PLANNING
1. LOS RIOS AREA PRESERVATION - URGENCY ORDINANCE
ORDINANCE NO. 281: RELATING TO STRUCTURES IN THE "LOS RIGS"
AREA - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUIRING LAND USE AND OTHER SPECIAL PERMITS FOR
THE CONSTRUCTION, DEMOLITION, REFINISHING, RENOVATION OR
RELOCATION OF ANY STRUCTURES LOCATED WITHIN AN AREA BOUNDED
BY THE SANTA FE RIGHT-OF-WAY, MISSION STREET, TRABUCO CREEK
AND DEL OBISPO STREET
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that Ordinance No. 281 be adopted as
an urgency matter, as amended.
Prior to adoption of the Ordinance, there was Council discusssion,
and Mr. Randy Williams addressed the Council.
2. LOS RIOS AREA - HISTORICAL SIGNIFICANCE
RESOLUTION NO. 74-10-2-3: RELATING TO THE LOS RIOS AREA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DECLARING THE LOS RIOS AREA AS AN AREA OF
SPECIAL HISTORICAL SIGNIFICANCE
It was moved by Councilman Heckscher, seconded by Councilman
Weathers and unanimously carried that Resolution No. 74-10-2-3
be adopted, as amended.
Any and all applications affecting the Los Rios Area are to be
processed through the Cultural Heritage Commission and the
City Council.
3. DISCUSSION OF PROPOSED COMMITTEE FOR LOS RIOS AREA
After discussion of the proposed establishment of a committee
to study problems in the Los Rios Area, it was moved by
Councilman Sweeney, seconded by Councilman Weathers and
unanimously carried that this matter be deferred to another
time.
Staff was directed to submit a proposed ordinance to the City
Council establishing the Cultural Heritage Commission and to
define the duties of the Commission.
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4. ENVIRONMENTAL PROTECTION AGENCY - PROPOSED RULES (PARKING
Council received copies of a report dated October 2, 1974, from
the Planning Director regarding the proposed rules for the
review and control of indirect sources of air pollutants. The
Planning Director advised that at their meeting of October 1,
1974, the Planning Commission had recommended that the City
should rely upon indirect source review by the Environmental
Protection Agency..
It was moved by Councilman Weathers, seconded by Councilman
Nash and unanimously carried to accept the recommendation of
the Planning Commission.
Mrs. Marilyn Williams addressed the Council regarding the
taxation proposed by the EPA; Mayor Byrnes advised that the
EPA tax proposal has been rescinded.
5. REQUEST FOR VARIANCES FOR EXPANSION OF PRODUCE MARKET
Council re,eived copies of a report from the Planning Director
dated October 2, 1974, regarding the request of Mr. Charles
Vermeulen, 11591 Cielo Place, Santa Ana, for permission to
expand his existing produce market on Del Obispo Street.
Variances from City requirements would be requested.
It was moved by Councilman Nash and seconded by Councilman
Heckscher to determine that the preservation of agriculture in
the valley should be encouraged and that the City staff should
work with the applicant to develop a plan for the expansion of
the produce market with the understanding that variances to
the standards requirements of development in the City will be
considered favorably. The motion carried by the following
vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Byrnes
NOES: Councilman Weathers
ABSENT: None
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. REQUEST FOR PARADE PERMIT -
AMERICAN YOUTHO OURTMIZATION
Council received copies of a memorandum dated October 2, 1974,
from the Director of Public Works regarding the request of
Mr. James Cochran, 25788 Via del Rey, for permission for the
American Youth Soccer Organization to conduct a parade through
the central section of the City on November 23, 1974.
It was moved by Councilman Nash, seconded by Councilman
Weathers and unanimously carried to affirm that the City
Council looks favorably upon this event and to direct staff
to prepare an in-depth review of a parade of this type.
2. ACQUISITION OF SEWER LIN.: BY EMINENT DOMAIN -
R 0 WE P T
At the request of George Madsen, Sr. Project Engineer, Council
considered a request for authorizing eminent domain proceedings
for sewer line facilities required to be constructed in
connection with the development of Tract No. 7160.
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2 /d RESOLUTION NO. 74-10-2-4: RELATING TO ACQUISITION OF EASEM
RESOLUTION OF TIIE CPCY COUNCIL Or' TIIE CITY OF S N N
CAPISTRANO AUTIIORIZING TIIE ACQUISITION OF AN EASEMENT FOR A
SEWER LINE BY EMINENT DOMAIN PROCEEDINGS
It was moved by Councilman Weathers and seconded by Councilman
Sweeney that Resolution No. 74-10-2-4 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Heckscher and
Mayor Byrnes
NOES: Councilman Nash
ABSENT: None
COMMISSIONS, BOARDS, COMMITTEES
1. PLANNING COMMISSION
APPEAL OF COMMISSION DECISION - PATIO COVER
Council considered the appeal of Mr. D. R. Spargur from the
Planning Commission action of September 3, 1974, denying the
request for an aluminum patio cover and ordering that the
structure oe removed. The cover was installed without a
building permit; and, since the residence is located in a
Planned Development, the structure should have been submitted
to the Planning Commission for consideration before its
construction. Mr. Spargur has received approval from the
Sun Hollow Architectural Control Committee if a wooden fascia
is attached to the existing patio cover. Mr. Spargur addressed
the Council to reiterate his request for retention of the
aluminum patio cover.
It was moved by Councilman Heckscher and seconded by Councilman .
Nash that this matter be referred back to the Planning Commission
with instructions to reconsider Mr. Spargur's request. The
motion failed by the following vote:
AYES: Councilman Heckscher
NOES: Councilmen Sweeney, Weathers, Nash and
Mayor Byrnes
ABSENT: None
After further discussion, it was moved by Councilman Heckscher
and seconded by Councilman Weathers to uphold the decision of
the Planning Commission to deny the request to retain an
aluminum patio cover in Sun Hollow, as recommended by the
Director of Planning. The motion carried by the following vote:
AYES:
Councilmen
Weathers, Nash and
Heckscher
NOES:
Councilman
Sweeney and Mayor
Byrnes
ABSENT: None
2. TRAFFIC AND TRANSPORTATION COMMITTEE
SCHOOL CROSSWALK ON CAMINO CAPISTRANO
Council received copies of a memorandum dated October 2, 1974,
from the Director of Public Works regarding a mid -block
crosswalk on Camino Capistrano for students attending the
Capistrano Elementary School.
It was moved by Councilman Weathers, seconded by Councilman
Heckscher and unanimously carried that the placement of a
mid -block school crosswalk on Camino Capistrano at the main
school entrance be authorized, as recommended by the Traffic
& Transportation Committee.
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223
3. PARKS AND RECREATION COMMISSION
PARKSITE PROPOSAL - H.E. OSBORNE
Mayor Byrnes directed that this item be held over to the
meeting of October 16, 1974.
4. ARCHITECTURAL BOARD OF REVIEW
Mayor Byrnes announced that George Riley had been selected as
Chairman of the Architectural Board of Review and Jack
Becker as Vice Chairman.
APPROVAL OF WARRANTS
It was moved by Councilman Nash, seconded by Councilman Weathers
and unanimously carried to approve the List of Demands dated
October 2, 1974, Warrants Nos. 4030 through 4096, inclusive.
RECESS AND RECONVENE
Council recessed -to Personnel Session at 11:25 P.M. and reconvened
at 11:35 P.M.
AUTO ALLOWANCE - INTERIM CITY MANAGER
It was moved by Councilman Heckscher, seconded by Councilman Sweeney
and unanimously carried that Interim City Manager John O'Sullivan
receive an auto allowance of $150.00 per month effective October 11,
1974.
APPOINTMENT TO ORANGE COUNTY HEALTH PLANNING COUNCIL
RESOLUTION NO. 74-10-2-5: APPOINTMENT TO THE ORANGE COUNTY HEALTH
PLANNING COUNCIL - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPOINTING JOHN GIBSON TO THE
ASSEMBLY OF DELEGATES OF THE ORANGE COUNTY HEALTH PLANNING COUNCIL
It was moved by Councilman Heckscher, seconded by Councilman Weathers
and unanimously carried that Resolution No. 74-10-2-5 be adopted.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 11:40 P.M. to the next meeting date of Saturday,
October 12, 1974, at 9:00 A.M. in the City Council Chamber for a
joint meeting with the Planning Commission for discussion of the
General Plan.
F... -Ttipv.
Respectfully submitted,
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