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72-0228_CC_Minutes_Regular Meeting141 February 28, 1972 REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO The regular meeting of the City Council was called to order at 7:01 PM by Mayor Pro -Tem Bathgate. The pledge of allegiance was recited. Invocation was given by Councilman Thorpe. The Deputy City Clerk called the roll. Councilmen present: William A. Bathgate, Edward S. Chermak, Josh Gammell and James F. Thorpe. Absent: Thomas A. Forster (excused). The minutes of the regular meeting of February 14, 1972 were approved as presented. Councilman Thorpe, seconded by Councilman Chermak, moved that all ordinances and resolutions for this meeting be read by title only. Carried unanimously. PUBLIC HEARINGS 1. 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 & Apartment" - The Assistant Planner explained proposed rezone and stated Planning Commission had previously approved this item. Mayor Pro -Tem opened public hearing at this time and asked if anyone wished to speak in favor of the proposed rezone. Mr. Bill Diehl, Christiansen & Associates, engineers for the applicant, made presentation and stated they felt proposed zoning met requirements of the General Plan and conformed with the character of zoning in the area. Mr. Coy Hester, representing Mrs. Jordan, adjacent property owner, stated he wished to go on record as being in favor of this rezone. Mr. Ben Michalec, representative of property owner adjacent to Goya property, stated they were highly in favor of rezone. Chair asked if anyone wished to speak in opposition to rezone. Mr. James Weathers stated he was not opposed to development of property, but expressed concern regarding accomodation of increased traffic on Ortega Highway. Mayor Pro -Tem Bathgate commented that widening of high- way was not a requirement for a zoning action but would be given attention when actual development of property transpires. Hearing no more opponents, public hearing was declared closed with option to reopen if deemed necessary. Discussion ensued with regard to best use of land and possible realignment of Ortega Highway. City Engineer will be meeting with officials of State Highway Department and will report any further action. Mr. Christiansen also stated he would welcome an opportunity to discuss flood plain zoning with Council. Upon these premises, Councilman Gammell moved to hold item over to the next regular meeting. Seconded by Councilman Thorpe and carried unanimously. Chair reopened public hearing and continued to meeting of March 13, 1972. 2. Request received from Pacific Drive -In Theatres Corp. for hold- ing of Arts & Crafts Show. Councilman Thorpe moved to set public hearing on request for March 13, 1972. Seconded by Councilman Gammell and carried unanimously. FEB 281972 42 3. RZ 72-104 (Boston), proposed rezone from U-1, "Unclassified", to C -2-A, "Restricted General Business" - Councilman Chermak moved to set: public hearing for March 13, 1972. Seconded by Councilman Thorpe and carried by unanimous vote. 4. Proposed Underground Utility District #2 - Upon recommendation of City Attorney, Councilman Gammell, seconded by Councilman Thorpe, moved to offer Resolution No. 72-2-28-1, setting public hearing date for March 27, 1972 at the hour of 7:00 PM. Resolution passed, approved and adopted unanimously. BIDS, CONTRACTS, AGREEMENTS 1. Memorandum received from City Engineer recommending contract for chip seal, fog seal and capping of various streets be awarded to Griffith Company, Santa Ana, under alternate "A" for the amount of $32,957.00. Councilman Thorpe moved to offer adoption of resolution awarding such contract to Griffith Company. Resolution No. 72-2-28-2 unanimously passed. 2. Plans and specifications for intersection signalization, Del Obispo and Camino Capistrano - Camino Capistrano and Ortega Highway - Ortega Highway and E1 Camino Real, and Ortega Highway and Del Obispo - Mr. George Madsen, City Engineer's office, made brief presentation and stated plans and specs prepared for complete signalization at four inter- sections and total estimate is in the amount of $72,000. Councilman Chermak moved for adoption of a resolution approving plans and specs and authorization to advertise for bids which would be received Wednesday, April 5, 1972 at 11:00 AM. Motion seconded by Councilman Thorpe. Resolution No. 72-2-28-3 passed, approved and adopted by unanimous vote. ORDINANCES, RESOLUTIONS 1. City Engineer described program for setting up new railroad crossing at La Zanja Street, which is required of Westport Development Company, and asked for authorization to start formal proceedings with the Public Utilities Commission. City Attorney read proposed resolution entitled, "Resolution authorizing the submission of a request to the PUC for funds from the Crossing Protection Fund for protection of crossing No. 2 - 196.8 - La Zanja Street, at its intersection with the AT&SF Rail- way Company and tracks". City Engineer stated developer will reimburse City for their share of the costs. Councilman Gammell moved to offer said resolution for adoption. Seconded by Councilman Thorpe. Resolution No. 72-2-28-4 adopted by unanimous vote. 2. Request from Volunteer Bureau of South Orange County for a City resolution declaring the week of April 9-15 to be Volunteer Recogni- tion Week. Councilman Gammell moved to offer Resolution No. 72-2-28-5 honoring the request. Seconded by Councilman Thorpe. Resolution adopted by unanimous vote. 3. City Engineer gave progress report on 1911 Act with regard to Camino Capistrano, et al, and stated legal counsel had prepared petition which had been circulated. Asked that a full report be postponed to the next regular meeting when counsel for the 1911 Act will be in attendance. In connection with these proceedings, Mr. Kubota recommended SDG&E be authorized to perform electrical engineering services. Councilman -2- FEB 28 X972 Thorpe therefore offered Resolution No. 72-2-28-6, authorizing SDG&E to perform said services. Motion seconded by Councilman Chermak and resolution carried by unanimous vote. Mr. Kubota then asked Council for authorization to proceed with preliminary engineering survey in connection with the work. Councilman Thorpe, seconded by Councilman Chermak, offered Resolution No. 72-2-28-7 authorizing City Engineer to proceed with survey. Resolution adopted by unanimous vote. Mayor Pro -Tem asked that the item appear on the next agenda. 4. Due to the recent demise of Mr. Frank Winterbourne, Managing Editor and respected reporter of the Coastline Dispatch, Mayor Pro -Tem Bathgate moved to introduce Resolution No. 72-2-28-8 offering condolences to Mr. Winterbourne's widow and family. Motion seconded by Councilman Gammell and resolution adopted by unanimous vote. SUBDIVISIONS, ANNEXATIONS L. Memo from City Manager stating LAFCO requested comment on San Clemente's proposed Annexation No. 19. Finding no reason to dis- approve, Councilman Gammell moved to approve said Annexation. Motion died for lack of a second. Councilman Chermak then moved that the City respond to LAFCO request in language outlined in City Manager's directive. Motion seconded by Councilman Thorpe and carried unanimously. 2. Memorandum from City Engineer stating off site sewer system had been completed on Tract 6788 (Del Obispo Investments Co.) and recom- mending Council accept project and authorize exoneration of bond. Council- man Thorpe, seconded by Councilman Gammell, moved for adoption of Reso- lution No. 72-2-28-9 accepting said project and authorizing exoneration of Bond No. 710-43-42. Adopted by unanimous vote. ORAL COMMUNICATIONS 1. At the request of Mr. Bernard Syfan, the appeal of Planning Commission requirements for construction of an automobile agency (Barwick project) at 33379 Camino Capistrano, was again brought before Council. Mr. Syfan had previously asked for Council direction. City Engineer reported client proposed the following conditions: (a) willing to con- struct 42' street section in conformance with City specifications; (b) will dedicate necessary right of way for entire frontage of 400'; (c) willing to sign an agreement obligating them to complete all improvements within five years or tender a completion bond. City Engineer recommended Council accept this proposal. Councilman Chermak moved that an agreement be prepared for Council review. Motion seconded by Councilman Thorpe and carried by unanimous vote. 2. Mr. Matthews, a local sound equipment vendor, appealed to Council for time to submit bid for Council Chamber public address system. Three other written proposals have been received to date. Councilman Chermak moved to postpone item to the next regular meeting. Seconded by Councilman Gammell and carried unanimously. 3. Mr. George Riley presented and read letter from Casas Capistrano Association requesting that the city not remove trees in the "Long Park" on Camino Capistrano, and that they would replace dead trees with new ones. Chairman of the Parks & Recreation Commission requested Council defer action of removing trees until the Commission can make a recommend- ation for the park. -3- FEB 28 1972 X44 4. Mr. Bill Zintl appeared before Council on behalf of the Troy - Marina Homeowners Association objecting to the Bauer development in the adjacent tract. He suggested Council direct the City Attorney to deter- mine some way to stop further development until the time their associa- tion is satisfied with the proposed results. After considerable discussion, City Manager stated he and City Attorney will meet with appellants to inform them of legal limitations. WRITTEN COMMUNICATIONS Correspondence received from Mr. Howard Huntington stating his willingness to consent to the removal of bamboo grove by the City or by outside contract and that he would agree to pay half the cost provided the City would pay the other half. City Attorney stated that under our present ordinances, the only way City could clear the grove under nuisance abatement procedures, would be on the basis of area being declared a fire hazard. City Manager said another alternate would be to modify ordinance on an emergency basis. Councilman Thorpe moved to instruct staff to continue negotiations with Mr. Huntington. City Attorney is to prepare ordinance for present- ation at the next regular meeting. Motion seconded by Councilman Chermak and carried by unanimous vote. ADMINISTRATIVE City Manager presented an extensive report on events leading to retention of Lowry Engineering -Science for study of Master Plan for Local Drainage. Council concurred that there was no fault with activi- ties conducted. PLANNING COMMISSION MATTERS 1. Resolution of Planning Commission accompanying a proposed set of by-laws for the Commission was presented for Council review and rati- fication. Council agreed that it would be premature to take action without study. Item carried over to next regular meeting. 2. Tract No. 7159 (Rio Vista) - Request for approval of parks requirements per Ordinance No. 131 - Assistant Planner made presentation and stated developer was requesting City acceptance of private park in lieu of fees for public park. Mr. Koll, developer, stated proposed private park is to be maintained by Homeowners Association in perpetuity. Council consensus was that Parks & Recreation Commission be apprised of any parks activity so they may review park sites before being brought before Council for action. Chairman of Parks & Rec Commission concurred and stated Commission would like to have the opportunity to review (a) initial stage of planning, (b) Planned Community park sites (private), and (c) in the event land has been deeded to the City, and after review, would like to follow through to see what kind of development takes place on the park site. City Attorney to draft resolution along these lines. Councilman Gammell then moved for acceptance of park in lieu of fees and that item be put before Parks & Recreation Commission, and if they have better physical layout than presented, it be incorporated in plan, subject to approval of the developer. Seconded by Councilman Thorpe and carried unanimously. 3. Correspondence received from Wm. R. Corcoran requesting an exception to the deed restriction concerning the dedication of a road -4- FEB 28197Z 145 before further land subdivision can take place and pleading economic hardships in attempting to dispose of property. After considerable discussion, Councilman Thorpe moved to refer back to staff for recom- mendation. Seconded by Councilman Gammell and carried unanimously. PARKS AND RECREATION COMMISSION MATTERS Commissioner Muriel Surles recommended City adopt standardized traffic signs consistent with National Park symbols. Councilman Thorpe moved to accept recommendation and suggested Planning Commission deter- mine color and size of said signs. Motion seconded by Councilman Gammell and carried unanimously. COMMITTEE REPORTS Councilman Chermak reported on traffic situation in industrial park. Off-site parking areas are to be cleaned up and drivers are to be given one week warning before illegal parking citations are issued. STAFF REPORTS 1. Treasurer's Report of Bank and Fund Balances, 1-31-72, and Investment Schedule as of 1-31-72, received for file. 2. City Engineer submitted report on construction programs, sub- division developments and special projects. In addition, he reported on the following items: (a) Re: abandonment of portions of Ganado Drive and San Juan Creek Road; has contacted other property owner and they are inter- ested in abandonment proceedings. Will report at next regular meeting. (b) Commented on Mr. Christiansen's offer to participate in flood control and drainage study and suggested setting up meeting with Council, Corps of Engineers, Orange County Flood Control officials and Planning Commission. Meeting was set for Monday, March 20, 1972 at 7:00 PM in the Council Chambers. 3. Monthly Activities report submitted from Finance Department. 4. Monthly Departmental Report submitted from Director of Public Works. Action items were: (a) Recommended sewer connection fee of $1,125 for Vanson Trailer Manufacturing Co. Councilman Thorpe, seconded by Council- man Chermak, moved to uphold recommendation. Carried unanimously. (b) Statement from Dana Point Sanitary District billing City for one-half the cost for repair of the ocean outfall in the amount of $1,130.00, and recommending payment. Councilman Thorpe moved to uphold recommendation of Director of Public Works. Motion seconded by Councilman Gammell and carried by unanimous vote. 5. Director of Public Safety submitted Monthly Activity Report. Additional items: (a) Unable to obtain Administrative Aide through PEP Program. Received application from a woman in the area who desires this type of work and asked that she be hired on part-time basis. Applicant can also perform secretarial duties. Councilman Chermak moved to accept recommendation and authorize part-time employment for Administrative Aide. Motion seconded by Councilman Gammell and carried unanimously. -5- FEB281972 146 (b) Met with Dr. Philp, County Animal Control officer, and secured his promise that he will provide the City with letter re future services to the City and will make every effort to provide interim solution to animal problems within the City. WARRANTS The list of demands for the month of February, 1972, were presented for Council consideration. Councilman Gammell moved to authorize payment of warrant Nos. 6970 through 7015, inclusive, for a total amount of $117,291.29. Motion seconded by Councilman Thorpe and carried by unani- mous vote. So ordered. COUNCIL REMARKS Councilman Chermak Moved for adoption of proposed resolution he previously presented to Council in rebuttal to AHA resolution. Seconded by Councilman Bathgate. Councilman Thorpe stated he was not prepared to act on this resolution and that a meeting should be set with the Board of Trustees of the School District to incorporate some of their ideas. Motion failed by 2 - 2 vote, Mayor Forster absent. Councilman Gammell School Board expressed desire for installation of lights on local tennis court. They will pay electricity if the City will install lights. Staff directed to write School Board regarding this matter. Mayor Pro -Tem Bathgate 1. Remarked on several items of interst in informational packet. 2. Expressed concern over process of disposing of surplus City property and asked if there was a statute to this effect. City Attorney to report at next regular meeting. ADJOURNMENT There being no further business, the meeting adjourned at 11:15 PM. Leontine Vallavanti Deputy City Clerk -6- FEB281972