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72-0214_CC_Minutes_Regular Meeting02 February 14, 1972 REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO The regular meeting of the City Council was called to order at 7:47 PM by Mayor Forster. The late hour was due to a previous meeting held by the Water Board and a presentation on National Flood Insurance Program for the City of San Juan Capistrano by Mr. Leon Chickerneo of the Department of Housing and Urban Development. The pledge of allegiance was recited. Invocation was given by Mr. T. J. Meadows. The Deputy City Clerk called the roll. Councilmen present: William A. Bathgate, Edward S. Chermak, Josh Gammell, James F. Thorpe ..� and Thomas A. Forster. The minutes of the adjourned regular meeting of January 19th and the regular meeting of January 24, 1972 were approved as presented. CONSENT CALENDAR MATTERS The following requests appeared on the agenda as Consent Calendar Matters: (a) Neighbor -to -Neighbor solicitation of funds for the American Cancer Society during the month of April; (b) Current Fund Drive for Louella (Chica) Olivares, injured in an automobile accident; and (c) Annual Cookie Sale by Girl Scout Council of Orange County, March 3-13 and April 14-24, 1972. Councilman Thorpe, seconded by Councilman Chermak, moved that requests be honored. Motion carried unanimously. PUBLIC HEARINGS 1. Proposed Vacation of Portions of Ganado Road and San Juan Creek Road - City Engineer made presentation and stated public travel not now possible on either reach of road due to removal of bridge. He recommended that upon conclusion of testimony, and if found to be in the public interest, that that portion of San Juan Creek Road now cross- ing the E. J. Little property may be vacated upon receipt of dedication of 52 feet for the new San Juan Creek Road. Mayor Forster opened public hearing and asked if anyone wished to speak in favor of the proposal. Dr. Earl Little, property owner, stated that bridge abandonment had changed the character of the property and he wished to know what is to take place so he can plan ultimate use of the property. The Mayor asked if anyone wished to speak in opposition to the abandonment. No one appeared. City Engineer read into the record a letter from Pacific Telephone Company stating they have no facilities affected by the abandonment. Dr. Little offered 52 foot right of way when vacation becomes effective. Councilman Chermak then moved for adoption of intent to vacate upon receipt of easement deed. Motion seconded by Councilman Thorpe and carried by unanimous vote. City Engineer to contact adjacent property owner, Durand A. Holladay, Trustee for Continental Mortgage Investors, who may also wish to participate in vacation action. Chair continued public hearing until March 27, 1972 2. City Engineer presented Exhibit Map of proposed changes to the Drainage Element of the Master Plan and stated a savings of FE13141972 133 approximately $400,000 may be derived from the proposed modifications, and recommended their adoption. Councilman Bathgate asked if there would be an adjustment in drainage fees. Answer was negative. Mayor Forster opened public hearing and asked if anyone wished to speak in favor of revised General Element. No one appeared to speak in favor of nor opposition to revision. Public hearing closed. The Mayor asked City Manager to determine source of authorization for revision of said Drainage Plan and retention of Lowry Engineering- Science for work done on the plan in the amount of $3,663.00. Councilman Thorpe moved to adopt resolution for Amendment No. 1 to the Master Plan of Drainage. Seconded by Councilman Gammell. Reso- lution No. 72-2-14-1 passed, approved and adopted by unanimous vote. 3. Appeal of Planning Commission denial of Tentative Tract 6305 (Pacesetter Development Company_ - Mayor Forster opened public hearing and asked appellants to speak. Mr. Everett Davis, Jr., one of the pro- perty owners, took the floor stating they took title to the property in question in 1961 and that annual taxes had increased since that time from some $589 to $29,141, and $48,000 worth of sewer bonds had been levied on said property. Mr. Davis said he was pleased when Pacesetters entered into a purchase agreement and is very pleased with the rezone. He asked that Council approve Tract Map with such conditions deemed adviseable. Mr. John Klug, subdivider, then addressed Council reiterating past Planning Commission action and appealing to Council the need for medium priced housing in the community. He showed two models of the property in its natural form and as they proposed to develop it, leaving the ground as natural as possible by following the contour of the terrain. He felt the development would be an asset to the City. Mr. Coy Hester, representing Mrs. Jordan, adjacent property owner, stated he was very much in favor of the project. Mr. Kenneth Hawkins said he also felt the development would be an asset to the whole area. No one appeared to speak in opposition to the Tentative Tract Map and the Mayor closed public hearing reserving the right to reopen at any time. Lengthy discussion ensued, ending in a motion by Councilman Chermak that the Planning Commission be instructed to work with staff to prepare adequate conditions to be presented to Council in the most expeditious manner possible. Motion seconded by Councilman Bathgate and carried unanimously. Mayor Forster reopened public hearing and continued it to March 13, 1972. 4. Request from Planning Commission to set public hearing for RZ 72-103 (Goya) from U-1, "Unclassified", and C-1, "Local Business", to C-1, "Local Business", R-2, "Two-Family Residence", and R-3, "Multiple Family and Apartment". Mayor Forster set public hearing date for February 28, 1972. (Ten Minute Recess) BIDS, CONTRACTS, AGREEMENTS 1. The matter of Plans and Specifications for intersection signal- ization was deferred at the request of staff. -2- FEB 141972 X34 2. The item of informal proposals for Council Chamber public address system was continued to February 23rd. 3. Change Order #1, Del Obispo Street Project, AHFP #540 - Correspondence received from City Engineer and Director of Public Works recommending Change Order #1 in the amount of $18,307.75. Councilman Thorpe moved to approve as presented. Motion seconded by Councilman Gammell and carried by unanimous vote. So ordered. 4. Change Order #2, Treatment Plant Expansion - Director of Public Works presented memorandum recommending that (a) Lowry Engineer- ing -Science be authorized to prepare plans and specifications for the 3.0 mgd plant expansion subject to the terms of the existing contract, and (b) Council authorize Change Order #2 in the amount of $3,582.00. Mr. Meadows explained to Council S E R R A's preliminary plans to provide regional waste water treatment for its member areas and stated current plans include acquisition of San Juan Capistrano's plant. Councilman Thorpe moved to approve recommendations. Seconded by Council- man Bathgate and carried by unanimous vote. So ordered. 5. Lease Agreement for Department of Public Safety Vehicle - Item continued to February 23rd. ORDINANCES RESOLUTIONS, PROCLAMATIONS 1. As follow up discussion on proposed Ordinance No. 188 (Saddle- back Valley News), the constitutionality of City's Ordinance No. 22 (Handbills) was questioned by City Attorney and City Manager. It was their recommendation that staff investigate additional means of control- ling handbill distribution. Motion by Councilman Bathgate, seconded by Councilman Thorpe, to uphold said recommendations unanimously carried. 2. At the request of San Juan Beautiful Committee, Mayor Forster proclaimed Saturday, April 29, 1972 as "Arbor Day". 3. Proposed Personnel Ordinance and Resolution of Rules and Regulations - City Manager to review CPS study relative to recommend- ations of the Water Advisory Board concerning Water District's proposed rules, and bring back at a later meeting. SUBDIVISIONS, ANNEXATIONS 1. Memorandum from City Engineer stating all public improvements have been constructed in accordance with plans and specifications of the City for Tract 6141 (Belinda Co.), and recommending authorization for exoneration of surety bonds for street improvements, sanitary sewer system, street lighting system and monumentation. Councilman Bathgate, seconded by Councilman Thorpe, moved for adoption of Resolution No. 72-2-14-2, accepting public improvements and exonerating bonds thereon. Adopted by unanimous vote. City Engineer also recommended exoneration of surety bond for reconstruction of sidewalks in Troy Homes "model home" area (Tract 5702 - Portion of Tentative Map 4550, Belinda Co.). Councilman Bathgate, seconded by Councilman Thorpe, moved to introduce Resolution No. 72-2-14-3, accepting certain public improvements and exonerating bond thereon. Adopted unanimously. 2. Offer to dedicate park site (Tentative Tract Map 5592 - Lucas) - Assistant Planner made presentation showing proposed park site. Mr. -3- FEB 141972 135 Bob Maurer, partner of Mr. Lucas, spoke before Council stating he thought it was a generous offer and ties in with the Master Plan. Council concurred that the Map should go before the Parks & Recreation Commission for suggestions on park development. Dennis Paquin, Chair- man of the Parks & Rec Commission, offered to set a special meeting to discuss this matter. Councilman Thorpe then moved for acceptance of the proposed park site dedication. Seconded by Councilman Bathgate and carried, Mayor Forster abstaining. City Manager was instructed to meet with Parks & Rec Commission and report actions to Council. WRITTEN COMMUNICATIONS 1. The request from First Presbyterian Church of Fullerton to discuss Orange County Housing Authority was continued to the adjourned regular meeting of February 23rd. With regard to correspondence from Orange County Planning Department notifying the extension to March 10th for city responses to join County Housing Authority, Council concurred that more legal information be forthcoming before passage of a resolu- tion authorizing Housing Authority of Orange County to operate its housing program in the City. 2. Appeal of Planning Commission requirements for construction of automobile agency, 33379 Camino Capistrano. City Engineer made pre- sentation showing street improvement requirements in accordance with City Zoning Ordinance. Mr. Bernard Syfan addressed Council and showed drawings pointing out several alternates and asked Council direction. Discussion ensued, and City Engineer was directed to meet with Mr. Syfan to work out arrangements to bring back to Council for action. ADMINISTRATIVE 1. Report received from Director of Public Safety relating to animal control problems. It appears that the County Animal Control office is grossly understaffed. Councilman Thorpe moved to direct staff to pursue all areas to improve animal control. Seconded by Council- man Chermak and carried unanimously. 2. Designation of Ortega Highway as a scenic corridor. This item continued to February 23rd. 3. Director of Public Safety submitted report on health and safety factors in the vicinity of Alipaz and del Avion. Council was shown photographs taken in the bamboo area giving evidence of illicit activities. Councilman Bathgate moved that the area be abated immediately and the property owner be advised. Seconded by Councilman Thorpe and carried by 4 to 1 vote, Councilman Gammell voting "No". 4. Request from Finance Department for transfer of funds from contingency reserve fund to various salary accounts for salary increases granted by Council. Moved by Councilman Chermak and seconded by Mayor Forster to approve request. Carried unanimously. 5. Item re: Underground Utility District No. 2 from the Ortega Highway North on Camino Capistrano to Oso Road. Petitions will be received at the next regular meeting. Councilman Bathgate moved for the introduction of a resolution of intention. Seconded by Councilman Thorpe. Resolution No. 72-2-14-4, a resolution of the City Council of the City of San Juan Capistrano declaring its intention to create an Underground- ing Utility District, was unanimously adopted. -4- FEB 141979 136 PLANNING COMMISSION MATTERS 1. A Resolution of Determination of Use regarding service stations was presented from the Planning Department for Council review and acceptance. This item was continued. PARKS & RECREATION COMMISSION MATTERS 1. Parks & Recreation Commission's written Argument for Parks Tax Rate - Two suggested Arguments were presented. Councilman Thorpe moved to approve Argument as modified. Motion seconded by Councilman Gammell and carried by 3 to 2 vote, Councilmen Bathgate and Chermak voting "No".in preference of the first Argument submitted by the Parks & Rec Commission. _ COMMITTEE REPORTS Councilman Thorpe met with the Swimming Pool Committee and stated that if the School District is willing to become involved, the issue will come back. WARRANTS The list of demands was presented for Council consideration. Councilman Thorpe moved that warrant nos. 6905 through 6969, inclusive, in the total amount of $143,273.64 be paid. Motion seconded by Council- man Chermak and carried by unanimous vote. So ordered. COUNCIL REMARKS Councilman Chermak 1. Noticed dumping on Goya property. Land Use people are to check out. 2. Due to the cost of property, suggested city no longer view Buchheim Field as a potential piece of city property. 3. When Goya rezone public hearing is held, will bring up a proposition re flood plain property. Councilman Gammell Would like to offer resolution similar to Costa Mesa resolution urging Pacific Telephone Company to reconsider its proposed method of charge for business telephone service. Mayor suggested staff research before taking steps. Councilman Bathgate 1. Pavement chipping on Camino Capistrano in area of Trabuco Bridge. Suggested joints be sealed. 2. Asked about resolution in response to AHA moritorium request. Would like to extend invitation to landowners who may not be in agreement with AHA to be given a chance to express their views. Councilman Chermak moved to extend invitations to interested parties in the City and the City Manager to issue said invitations to a meeting to be held in Council Chambers on Wednesday, February 23rd at 7:00 PM. Mayor Forster 1. Announced that this being the hour of 12:10 AM, February 15, 1972, asked Council's pleasure regarding the Council imposed temporary zoning moritorium and stated no action by Council indicated moritorium was lifted. Council took no action extending moratorium. FEB 141972 -5- 137 2. Stated February 15th was the last day to appeal the granting of the Tentative Tract Map (C. Michael property), After discussion, Councilman Thorpe moved for appeal before the Board of Supervisors on the basis of incompatability with Capistrano Airport and sewer facilities not being available if property is not annexed to the City. Seconded by Mayor Forster and carried unanimously. 3, Rancho Capistrano public hearing before the Board of Super- visors Wednesday, February 16th at 9:45 AM. 4. Asked City Manager to submit report relative to expenses of Drainage Plan study being incurred without Council authori- zation, ADJOURNMENT The meeting adjourned at 12:30 AM, February 15, 1972, to an adjourned regular meeting to be held Wednesday, February 23, 1972 at the hour of 7:00 PM, y� — U Leontine Vallavanti Deputy City Clerk FEB 141972 -6-