Loading...
73-1105_CC_Minutes_Regular MeetingNOVEMBER 5, 1973 REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO The regular meeting of the City Council was called to order by Mayor Byrnes at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by City Engineer George Madsen. 11 ROLL CALL: Councilmen present: Roy L. Byrnes, Edward S. Chermak, Josh Gammell, James F. Thorpe, James K. Weathers Staff present: Andersen, Kubota, Madsen, Murphy, Okazaki, O'Sullivan, Smith, Weidner APPROVAL OF MINUTES OF OCTOBER 23, 1973. There being no objections, the foregoing minutes were approved as printed. SPECIAL PRESENTATION Mr. Tom Fuentes of Supervisor Caspers' Office addressed the Council and presented a check in the amount of $89,324.86. He stated the money represented revenue received above and beyond those costs to perform services by the County Building & Safety Department under the City's existing contract. PUBLIC HEARINGS 1. CONTINUED HEARING ON RZ 73-115-T - PARKING REQUIREMENTS. Mayor Byrnes declared the public hearing re -opened. The third revised draft of the proposed ordinance, together with several recommended minor changes, was presented for consideration. No one addressed the Council either in favor or in opposition to the proposed ordinance, and the hearing was closed. Moved by Councilman Thorpe, seconded by Councilman Chermak, and carried, to revise the foregoing ordinance in the following sections to read: Section 5.08.6 - Off -Street Parking Requirements Business and Commercial Uses: (a) General Retail in Individually - developed establishments or within shopping centers of less than 10,000 square feet gross floor area. 2 spaces, plus 1 per each 200 square feet of gross floor area. In shopping centers, the initial 2 spaces shall be required for the center as a whole, not for each individ- ual establishment within the shopping center. (h) Furniture and Appliance Establish- 1 per each 500 square ments - in shopping center or individ- feet of gross floor ually-developed establishments. area, but not less than 8 per each such use. `.:�uncilmen Bye.-._.,�, o,1(1 Coui,cilmen Gammell and Weathers voted noe. Moved by Councilman TI-orpe, seconded by Councilman Gammell, and unanimously carried, to adopt Ordinance No. 242 as an urgency,(third revised draft with recommended changes), amending Ordinance No. 115 relating to parking requirements. N 0 V 51973 1 Page Two C/C 11/5/73 Attorney Okazaki read the foregoing ordinance by title only, and ad;`_ccd t`.a_ za°.f. c_d`nance would be ___ cf _`.c.. 4 mond:... The Mayor. referred RZ 73-115-T - Parking Requirements - to Planning Commission for further report in accordance with Section 10 of Ordinance No. 115. BIDS, CONTRACTS, AGREEMENTS 1. ACCEPTANCE OF FINAI. REPORT FOR CONSTRUCTION OF TREE WELL ON DEL OBISPO BY SUKUT-COULSON, INC. The Mayor advised that this item was tabled at the last meeting. ' Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to.consider the foregoing matter at this time. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to adopt Resolution No. 73-11-5-1, declaring work to be completed as to plans and specifications for the construction of a tree well on Del Obispo Street, Project No. 7330. Attorney Okazaki read the foregoing resolution by title only. ORDINANCES, RESOLUTIONS 1. PROPOSED RESOLUTION REGARDING COUNTY PLANNING DEPARTMENT. Mayor Byrnes stated this item was placed on the agenda at his request and in essence is requesting the County to reject any proposal which will decentralize the functions of the County Planning Department. It is also recommended in the resolution that the County establish an advisory committee consisting of representatives of cities and county communities, who are vitally affected by the reorganization of the Planning Department, to assist the Board of Supervisors in their deliber- tions. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, to adopt Resolution No. 73-11-5-2, urging the Orange County Board of Supervisors to maintain a compreSensive, coordinated and effective County Planning Department. Attorney Okazaki read the foregoing resolution by title only. The City Clerk was instructed to mail copies of the foregoing resolution to the Board of Supervisors and all cities in Orange County. The Mayor noted that due failed to adopt a motion to have this meeting read by title only. to an omission on the agenda the Council all ordinances and resolutions for Moved by Councilman Chermak, seconded by Councilman Thorpe, and unanimously carried, to have all ordinances and resolutions for this meeting read by title only. Attorney Okazaki suggested that in view of the foregoing action the Council ratify their action with regard to adoption of Ordinance No. 242 - Parking Requirements. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to adopt Ordinance No. 242, approving RZ 73-115-T relating to Parking Requirements. 2. PROPOSED AMENDMENT TO URGENCY ORDINANCE NO. 245 - ESTABLISH- ING MAXIMUM AMOUNTS THAT MAY BE EXPENDED BY CANDIDATES FOR ELECTIVE OFFICES - URGENCY. The City Manager reported that due to recent State legislation, we have been advised that an elected candidate for municipal public office need not file an expenditure statement if the lawful receipts and expenses of his campaign do not exceed Five Hundred Dollars ($500.00). NOV 51973 Page Three C/C 11/5/73 He stated that the ordinance adopted at the last meeting reads $200 and should be amended to conform to State law. 13 Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to adopt Ordinance No. 246 as an Urgency, amending Section 5 (Expenditures Statement) in accordance with State legislation. Attorney Okazaki read the foregoing ordinance by title only. SUBDIVISIONS, ANNEXATIONS 1. SEWER EASEMENT FOR TRACT NO. 7626. The City Engineer reported that Tentative Tract 7626 has been divided into three parcels for recorded Tracts 7972 and 8325 which border along Ortega Highway, and the final unit will be Tract 7626. It was required of Leadership Housing to dedicate a sewer easement through the area of the unrecorded Tract 7626 for the construction of the sewer line to serve Tract 8325. This assures the City of having a proper easement for the sewer facility until Tract 7626 provides street easements. Moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried, to accept the foregoing sewer easement and authorize the City Clerk to certify acceptance. 2. SLOPE AND SIDEWALK EASEMENT FOR TRACT NO. 7972 AND 8325 (PORTION OF TENTATIVE TRACT 7626). The City Engineer.stated that a requirement of this Tract was the construction of a meandering sidewalk along Ortega Highway. At the time of approval of the Tentative Tract, the State had not set an align- ment of Ortega Highway. At the present time, the State has established a horizontal and vertical alignment of Ortega Highway and we can now determine the exact location of the future street and how a sidewalk can be constructed to fit the future street design. In cooperation with the Division of Highways, we have agreed that we would obtain a slope and sidewalk easement along Ortega Highway to assure ample right of way for future street construction. The documents have been completed and signed. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to accept the slope and sidewalk easement for Tract 7972 and authorize the City Clerk to certify the acceptance. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to accept the slope and sidewalk easement for Tract 8325 and authorize the City Clerk to certify the acceptance. 3. ACCESS RIGHTS ON CALLE ASPERO FOR DOL 73-105. The City Engineer advised that the subject division of land divides a parcel of Tract 7112 that was initially set a side for park purposes. The Council did not accept this as a park and the division of I and splits this parcel into three pieces along Calle Aspero. The most southerly parcel was to be attached to another lot in the previously recorded Tract 6742. Since this addition to the previous lot is along the rear lot line, it was a requirement on the division of land to dedicate access rights to eliminate any future driveways into the backyard. The necessary documents for the dedication of these access rights have been prepared and signed. Moved by Councilman Gammell, seconded by Councilman Chermak, and unanimously carried, to accept the subject access rights and authorize gine C: Ly �ecx co UeL�iiy uiir, acceptance. COMMUNICATIONS - (WRITTEN) - NONE NOV 51913 14 Page Four C /C 11/5/73 COMMUNICATIONS - (ORAL) Mrs. Mary Jane Forster, 31312 Guadalupe, Director of San Juan Capistrano Historical Society, addressed the Council and urged they give consideration to establishing a Cultural Heritage Commission for the preservation of historical sites. The Council took no action at this time. PLANNING COMMISSION MATTERS 1. POLICY PLAN. The Mayor stated this matter would be taken up later in the meeting. ADMINISTRATIVE 1. ACCEPTANCE OF THE FINAL REPORT FOR DEL OBISPO - AHFP #540. The City Engineer stated that final construction of the Del Obispo Project was completed in May, 1972; however, we have continued to furnish water to the Iwata property now under the possible development as Tract 7616 by Westport. The water meters have now been removed and this completes final expenditures on the overall project. He presented copies of the final report as required by the County. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, to accept the Final Report for the improvement of Del Obispo Street from 650 feet north of Bluefin Drive to Trabuco Creek, A.H.F.P. No. 540 and Agreement No. 671-426. 2. PROPOSED ORANGE COUNTY TRANSIT DISTRICT BUS ROUTES THROUGH SAN JUAN CAPISTRANO. The City Manager stated that the tentative route which has been planned by the County Transit District is as follows: south on Rancho Viejo Road, west on Junipero Serra Road, south on Camino Capistrano, south or. Del Obispo Street. The route will connect to Capistrano Beach, San Juan Capistrano, Mission Viejo and Laguna Hills. He presented a map depicting the tentative route. Moved by Councilman Thorpe, seconded by Mayor Byrnes, and unanimously carried, to accept the proposed tentative bus route with the suggestion the District consider the return route from Dana Point/Capi- strano Beach to be a loop coming northerly on Camino Capistrano, and that we urge further consultation with the City before final adoption of the route. 3. PUBLIC WORKS ORGANIZATION. The Director of Public Works presented a detailed report of his review and recommendations with regard to the department's functions and structure. He stated his report has been premised on manipulation of the existing budget and existing personnel. He presented a list of eight desirable programs within the City, and stated if the Council feels these programs are necessary he would submit a report showing the re- quired personnel, equipment and supplies necessary to perform each program. He recommended that Council: 1) Set a Public Hearing on a Proposed Resolution Amending the City's Salary and Classification Plan as noted in his report, 2) Review the desirable programs as listed and provide direction to staff, NOV 51973 Page Five C/C 11/5/73 15 3) By resolution, establish the revised salary schedules as noted in report, and 4) By resolution, adopt the recommended revisions to the City Budget. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to set November 26, 1973, as the public hearing date on the proposed resolution amending the City's Salary and Classifica- tion Plan. The Director of Public Works was requested to further report on the list of desirable programs in their order of priority. It was agreed that the proposed revised salary schedules would be discussed in a personnel session at the November 12 Council meeting, and it view of this action, no action was taken on the recommended revisions to the City budget. 4. REDUCTION OF FIRE HAZARDS IN HILLSIDE AREAS. The City Manager reported that he was recently informed by the Department of Building & Safety that there are regulations in the County Building Code relating to brush control and fire resistent materials in hillside areas. He stated that staff was not aware of this at the time this item was placed on the agenda. Following discussion the City Manager and certain staff were directed to meet with members of the County Grading Department and Fire Protection personnel to discuss fire hazard controls and report back to Council. 5. REPORT ON SPECIAL CENSUS. The Director of Planning presented his report together with 1) a cost estimate prepared by the Director of Finance, 2) an analysis be- tween the financial cost and benefits involved in conducting the special census, 3) the time frame under which the census will be carried out, and 4) a listing of 8 questions which may be asked at the time of conducting the census. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried to authorize staff to proceed with the special census. Discussion ensued relating to the questions which may be asked, and staff was directed to revise for Council's review at the next meeting. 6. PROPOSED ACCELERATED STEP INCREASE FOR ASSISTANT PLANNER LARRY LAWRENCE. The Director of Planning presented a copy of the performance rating stating the reasons for the recommendation. He stated that the two step merit increase, if approved, would be effective November 14. Moved by Councilman Chermak to deny the recommendation. The motion LOST for lack of a second. Following discussion it was agreed that the Council would con- sider this request during personnel session at their next meeting. RECESS - 8:43 - 8:55 P.M. PLANNING COMMISSION MATTERS 1. POLICY PLAN. Mr. Ed Haworth of Haworth, Anderson & Lafer, Planning Consultants, addressed the Council and sta'.ed if th^ policy plan is adopted, it will be direction to them in prepa:inq the General Plan. He also stated that NOV 51973 16 Pdge Six C/C 11/5/73 the Planning Commission has had numerous special meetings and work ses- �;^rings, to rc•.;, 7 �'- 4 ment wh;ch •.as adopted by them on October 16. Following consideration it was moved by Councilman Weathers, seconded .by Councilman Gammell, and unanimously carried, to adopt Resolution No. 73-11-5-3, approving the Policy .Plan with the following modifications: Land Use Policy - Deletion of last sentence on Page Two Land Use Policy - Deletion of the word "aggressively" from Item 3 on Page Eight ^` Public Facilities, Services & Safety - Deletion of the last sentence of Item Policy No. 6 on Page Eight 2. CAPISTRANO VALLEY GENERAL PLAN HEARING. The Mayor stated that the County Planning Commission will be holding a public hearing on the foregoing on November 12 and suggested a representative from the City attend the meeting. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to adopt Resolution No. 73-11-5-4, requesting the County Planning Commission to defer final action on the Capistrano Valley General Plan until such plan has been presented to the City of San Juan Capistrano for study and response per their commitment to the City. Staff was directed to present the foregoing resolution at the public hearing November 12. Attorney Okazaki read the foregoing resolution by title only. Reference was made to the City's proposed Sphere of Influence and discussed amongst the Council. The Director of Planning presented a map depicting the Partial Sphere of Influence which has been previously reviewed by the Planning Commission. He outlined the boundaries as follows: "The extension of the north easterly City limit boundary in a north westerly direction to Inter- state 5 north to Avery Parkway, easterly to the ridge line, south along the ridge line to Camino Del Avion extended, then easterly to the City limits." Moved by Councilman Thorpe, seccnded by Councilman Gammell, and unanimously carried, to adopt Resolution No. 73-11-5-5, accepting the Partial Sphere of Influence as reviewed by the Planning Commission. Attorney Okazaki read the foregoing resolution by title only. PARKS & RECREATION MATTERS 1. SERRA PARK DEVELOPMENT PLAN. The Director of Planning presented a program for the development of Serra Park and displayed the grading plan as submitted by Westport Development Company, and prepared by Christiansen & Associates. He stated that staff will be preparing specifications for the installation of landscaping and irrigation systems, and will be presented to the Parks & Rer_rcation Commission for their review and recommendation, with final action to come from the Council. NOV 51973 17 Page Seven C/C 11/5/73 It was also noted that Westport is expected to complete the grading this month. The landscaping of the site will constitute the completion of Stage 1, and at this time, Westport will assume maintenance of the park site for a period of two years. After that period the City will assume its maintenance. The Parks & Recreation Commission at their meeting earlier this evening reviewed the subject grading plan, and it is their recommendation that: "Westport's Engineer conform the grading plan as close as possible to the schematic concept submitted by Westport's Landscape Architect on July 13, 1970, and further, that slopes along north and south boundaries of Serra Park not exceed 8 feet in height from the finish pad elevations of existing and proposed development". The Council took no action other than to request that staff keep them informed as to the status of this development. CONSENT CALENDAR MATTERS 1. MARCH OF DIMES - REQUEST TO SOLICIT FOR FUNDS JANUARY 1 THROUGH 31, 1974. 2. CITIZENS TO SAVE SAN JUAN ADOBES - REQUEST TO SOLICIT FOR FUNDS NOVEMBER 6 THROUGH DECEMBER 7, 1973. Moved by Councilman Weathers, seconded by Councilman Chermak, to deny Consent Calendar Item No. 2. Moved by Councilman Gammell, seconded by Mayor Byrnes, and carried, to table the foregoing motion. Councilman Chermak voted noe. Staff was directed to determine if the Citizens to Save San Juan Adobes are a committee directly .involved with the San Juan Historical Society and report back at the next meeting. COMMITTEE REPORTS - NONE STAFF REPORTS Reports were presented from the following: 1. City Engineer 2. City Treasurer 3. Director of Finance 4. Director of Planning 5. Director of Public Works The foregoing reports were for informational purposes only and required no Council action. WARRANTS - NONE COUNCIL REMARKS - NONE ATTEST: The Mayor adjourned the meeting at 10:02 p.m. City Clerk Roy L. Byrns, M.D., Mayor of the City of San Juan Capistrano 110V 51973