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72-0424_CC_Minutes_Regular MeetingApril 24, 1972 REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO The regular meeting of the City Council was called to order at 7:00 PM by Mayor Thorpe. The pledge of allegiance was recited. Invocation was given by Mr. T. J. Meadows. The Deputy City Clerk called the roll. Councilmen present: Roy L. Byrnes, Edward S. Chermak, Josh Gammell, James K. Weathers and James F. Thorpe. _ The minutes of the regular meeting of April 10, 1972 were approved with a correction noted. The minutes of the special meet- ing of April 18, 1972, were approved as presented. Councilman Gammell, seconded by Councilman Byrnes, moved that all ordinances and resolutions for this meeting be read by title only. Unanimously carried. CONSENT CALENDAR MATTERS Mayor Thorpe proclaimed April 30 through May 6, 1972 (Cinco de Mayo) as "Mexican -American Week", and the week of May 14-20, 1972 as "National Public Works Week." PUBLIC HEARINGS 1. Public hearing on proposed abandonment for portions of Ganado Drive and San Juan Creek Road continued, pending receipt of balance of documents. 2. Request for precise alignment of Rancho Viejo Road - Prior to the public hearing on the precise alignment, City Engineer pre- sented the State Division of Highways preliminary plan for a major interchange at Trabuco Creek Road and the Interstate 5 Freeway. He stated that the Rancho Viejo alignment was based on this prelim- inary plan. Public hearing then opened on precise alignment of Rancho Viejo Road. City Engineer presented the alignment and stated that the Planning Commission had approved and recommended adoption. No one appeared to speak for or against proposed alignment. Mayor Thorpe closed public hearing with right to reopen. Councilman Chermak moved for adoption of Resolution prescribing the precise alignment of Rancho Viejo Road. Motion seconded by Councilman Weathers. Resolution No. 72-4-24-1 passed, approved and adopted by unanimous vote. 3. Request for precise alignment of Trabuco Creek Road, Sta- tion 120 + 34.54 to Rancho Viejo line - City Engineer presented alignment and related it to the previously approved alignment of Trabuco Creek Road from Rancho Viejo Road to Station 120 + 34.54 that matches this alignment. Proposed precise alignment section was not previously adopted because of concern by Flood Control District on usage of their right-of-way. The plan as now presented has been coordinated with the Flood Control District, and the Plan- ning Commission has approved and recommended for adoption. APR241972 16( Public hearing opened by Mayor Thorpe. No one appeared to speak for or against proposed realignment. A question arose as to who was going to pay for construction of road. City Engineer stated developer (South Coast Development) is to dedicate right-of- way and make necessary improvements. Public hearing closed with Mayor reserving the right to reopen. Councilman Byrnes moved that resolution be adopted approving precise alignment of Trabuco Creek Road as recommended by the Planning Commission. Seconded by Councilman Weathers. Resolution No. 72-4-24-2 passed, approved and adopted by unanimous vote. 4. Per request of Councilman Chermak, Council reviewed Plan- ning Commission action permitting use of Parks & Highway zoned land, located at La Paloma and Los Amigos, for a tree farm. Councilman Chermak had opposed this location as he felt it was wrong to take access to commercial property from a residential street and through a residential lot. The proponents spoke, stating they realized they would have to operate within reason- able limitations. Discussion followed. Councilman Chermak then moved that Council determine access inadequate for proposed usage of this enterprise. Motion died for lack of a second. BIDS, CONTRACTS, AGREEMENTS 1. Results of bids for sale of Public Works vehicle (1964 Ford) - Councilman Byrnes, seconded by Councilman Weathers, moved that vehicle be sold to Mr. Melvin Tooker, highest quali- fied bidder, who bid $131.02 for said vehicle. Motion carried by unanimous vote. 2. Proposal from Pacific Telephone for upgrading municipal telephone system - Councilman Weathers moved to uphold recommen- dation of staff for upgrading of telephone services. Motion seconded by Councilman Byrnes and carried by 4-1 vote, Councilman Gammell voting "No." ORDINANCES, RESOLUTION 1. Proposed Ordinance No. 193 establishing Department of Public Safety. Mayor Thorpe asked City Manager to summarize proposal and point reached to date for the benefit of the two new councilmen. City Manager rendered a history of prior studies and recommendations, again stressing the need for the City's own Public Safety Depart- ment. Councilman Weathers then moved for second reading of proposed Ordinance No. 193 establishing a Department of Public Safety. Motion seconded by Councilman Gammell. Councilman Byrnes stated he felt citizens in the audience be allowed to have their say. The following persons rose and asked to be heard: Raymond D. Arce - City doesn't have $10,000 per year for parks. Carol Heim - Asked if City doesn't have police department, how town would be left in the hands of special interest groups. -2- APR24197Z IL 7 © Mike Corrigan - Some cities have population of 100,000 and are still under Sheriff's Department. Hogan Sherrill - Why did City have Public Safety Director and no Public Safety Department? Al Arps - Again recommended consideration of putting question on ballot. Bradley Gates - Asked what recommendations were made at seminar conducted at Dana Point Harbor with people from University of California. Was told transcript not finished. Alice Ross, City Treasurer - Concerned that City may not be able to afford police department at this time as there may not be surplus in General Fund. City Manager stated full-time professional staff projects surplus to be available. Gerry Horton - Made study and finds Sheriff's Department is giving 25% more service than City is paying for, not including various patrols through the city. Mike Darnold - Stated if council was undecided on action to take, he would like time to get supporters of municipal Police Department to next meeting. Mrs. Rose Corrigan - Not in favor of Police Department. Councilman Weathers at this time moved that debate be cut off. Motion seconded by Councilman Gammell and carried unanimously. Mayor Thorpe, stating it had been moved and seconded for the second reading of Ordinance No. 193, asked City Attorney to so render, by title only. Ordinance No. 193, of the City Council of the City of San Juan Capistrano, establishing a Department of Public Safety was passed, approved and adopted by unanimous vote. 2. By motion of Councilman Byrnes, seconded by Councilman Weathers, City Attorney read proposed Ordinance No. 194, establishing Personnel System, by title only. This constituted second reading. Ordinance No. 194 passed, approved and adopted by unanimous vote. 3. League of California Cities, in a bulletin, suggested passage of resolutions entitled "Recognition of Police Officers Killed in the Line of Duty." The proposed resolution called for the lower- ing of National and State flags for officers killed in the line of duty. Upon recommendation of City Manager, Councilman Weathers moved that Council decline to adopt such a resolution. Seconded by Councilman Gammell and carried by 4-1 vote, Councilman Byrnes voting "No." 4. Resolution received from Board of Supervisors regarding State Sales Tax on Gasoline, with the recommendation that cities adopt a like resolution agreeing to participate in a coordinated environmental action on the matter until they had reviewed the F/Y 1972-73 budget. Councilman Gammell, seconded by Councilman Weathers, moved to uphold recommendation of City Manager. Carried unanimously. 5. Resolution requesting the United States Postal Department to construct adequate postal facilities in the City of San Juan t\PR 2 41972 -3- 171 Capistrano presented from City Attorney. Councilman Byrnes, seconded by Councilman Chermak, moved for adoption. Resolution No. 72-4-24-3 passed, approved and adopted by unanimous vote. 6. Council was presented with Resolution No. 72-3-13-6, declaring City's intent to establish community growth policy and to create a Committee on the Impact of Development, with backup material submitted by Harvey Hurlburt, Public Management Service, Inc., and memorandum from Director of Planning. Discussion followed regarding hiring of urban economist and Council concurred that proposals be studied carefully before appointment is made. Councilman Gammell then moved that temporary committee be ap- pointed for limited time composed of two Council members and City Manager, to report back on composition, duties, etc. of Impact Committee. Motion seconded by Councilman Byrnes and carried unan- imously. Mayor Thorpe appointed Councilmen Byrnes and Gammell to meet with City Manager. City Manager asked that specifications be developed for Council's approval before any management consul- tant firms were recruited to advise City on development matters. Mayor so directed. Councilman Gammell questioned status of zoning and annex- ation moratorium which was held in abeyance until after the City election. After some discussion, Councilman Gammell moved that delay on hearings on zoning and annexations, as adopted in Resolution No. 72-3-13-6, be dissolved as of installation of new Planning Commission. Seconded by Councilman Weathers and carried unanimously. TEN MINUTE RECESS SUBDIVISIONS, ANNEXATIONS 1. Final Tract Map approval, Tract 7159 (Rio Vista Homes, Inc.) - City Engineer recommended acceptance of Tract Map and authorization for recordation, subject to delivery of bonds, and a request for condemnation proceedings for a well site. Councilman Gammell, seconded by Councilman Byrnes, moved for reading of resolution of acceptance and recordation. Resolution No. 72-4-24-4 adopted by unanimous vote. City Attorney then read by title only resolution determiningthe necessity for and directing the acquisition of real property for street and highway purposes. Councilman Weathers, seconded by Councilman Chermak, moved for adoption. Resolution No. 72-4-24-5 passed, approved and adopted by unanimous vote. 2. Final Tract Map approval, Tract 7672 (South Coast Develop ment Co.) - City Engineer stated developer has paid to City a total of $18,116.00 for required fees, agreements and bonds to guarantee construction of public improvements. He therefore recommended Council approve final tract map and authorize Mayor and City Clerk to execute said agreement. Upon motion of Council- man Weathers, seconded by Councilman Gammell, Resolution No. 72-4-24 -4- APR24197Z 172 approving Final Tract Map 7672 and authorizing execution of agree- ments, was passed, approved and adopted by unanimous vote. 3. City Engineer in receipt of easement deed for off-site sewer, Tract 7672, and recommended acceptance of deed and authori- zation for recordation. Councilman Gammell moved to uphold recom- mendation. Seconded by Councilman Byrnes and carried unanimously. COMMUNICATIONS (WRITTEN) 1. Memorandum presented from City Manager clarifying School District's intentions to participate with the City in financing installation and operation of tennis court lighting at old Jr. High School site. Mayor Thorpe directed that staff pursue the mat- ter to provide further information for Council's consideration. COMMUNICATIONS (ORAL) 1. Mrs. Maggy Olsen, Manager of local Chamber of Commerce, invited Council to attend their breakfast meeting April 26th. ADMINISTRATIVE 1. City Manager presented report regarding deletion of Pacific Coast Freeway, as requested in Newport Beach resolution. Councilman Chermak felt Council should not support this resolution, as coastal route would be of benefit to the City. Mayor Thorpe directed staff to keep Council apprised of the situation. 2. Request received from Civil Air Patrol for one-year exten- sion of use of headquarters trailer at Capistrano Airport. Director of Planning recommended approval. Councilman Byrnes, seconded by Councilman Weathers, moved that request be granted. Motion carried unanimously. 3. Request received from Capital Improvements Committe for extension of time beyond April 30 for recommendations on Capital Improvements. Upon motion of Councilman Weathers, seconded by Councilman Byrnes and carrying unanimously, extension was granted. 4. City Manager asked Council direction to staff on recruit- ment of full-time City Clerk. Recruitment bulletin presented to Council. Councilman Byrnes moved that the office of City Clerk be established as recommended by City Manager and set May 15 as filing date, with the option that City Manager may extend time period for recruitment. Seconded by Councilman Weathers and carried unanimously. PLANNING COMMISSION MATTERS 1. Notification to City Council of resignation en masse of City Planning Commission. Noted and filed. Mayor Thorpe called personnel session following Council meeting. Council was presented proposed ordinance establishing a Planning Commission and defining the duties thereof. Councilman Weathers moved for first reading of proposed Ordinance No. 188. Motion seconded by Councilman Gammell and carried unanimously. City Attorney gave first reading, by title only. AFR241972 -5- 1'73 2. Upon motion by Councilman Weathers, seconded by Council- man Byrnes, proposed bicycle, equestrian and hiking trails' agenda item was continued. Motion carried unanimously. PARKS AND RECREATION COMMISSION MATTERS The Parks and Recreation Commission, through Commissioner Minnie Surles, recommended the Red Geranium be chosen as the Official City Flower. Councilman Gammell moved to affirm this choice. Motion was seconded by Councilman Weathers and carried by unanimous vote. COMMITTEE REPORTS 1. Councilman Chermak stated parking situation in industrial park was getting completely out of hand. Mayor Thorpe directed staff to contact Sheriff's Department to again look into the matter. 2. Mayor Thorpe asked for inventory on any current committees: (a) Councilman Chermak mentioned sewage reimbursement program in the industrial park. Mayor Thorpe then asked for future discussion regarding appointment of standing committees. (b) Mayor Thorpe reported on School District Committee re population pressures on schools. Will bring back to Council for reaction. (c) Re Swimming Pools Committee, Mayor Thorpe stated Parks & Recreation Commission minutes reflected /;+,they had received response that action may be taken soon with regard to permissive tax. STAFF REPORTS 1. The monthly report of fund balances, receipts and disburse- ments for the month of March 1972, and the investment Schedule for the month were presented from City Treasurer, Alice M. Ross. 2. City Attorney verbally reported with regard to bill- board case that is scheduled for court on September 19, 1972. 3. Staff Report presented from City Engineer. Mr. Kubota elaborated on Special Projects item regarding traffic signals project by interjecting that the State proposed to reconstruct and modernize the Ortega Highway in mid 19701s. Councilman Byrnes stated his objection to installation of traffic signal on the corner of Camino Capistrano and Ortega Highway, and moved that Council reconsider traffic signal project in this particular area. Motion seconded by Councilman Weathers for reason of discussion. After considerable discussion, motion was defeated by 4-1 vote. 4. List of activities performed by the Finance Department during the month of April 1972. Attached was item requesting authority to attend conference of Municipal Finance Officers Association to be held in Denver, Colorado May 28 thru June 2, 1972. Councilman Chermak, seconded by Councilman Weathers, moved for approval. Carried unanimously. S. Written monthly activity report submitted by Phillip Schwartze, Assistant Plannier. Director of Planning asked Council -6- APR24157Z JL 7 4 to note Item on Conservation Element meeting. The gentlemen named in the report are all experts in their field, and will meet in this City May 10 in assisting Planning Department with review of work done on Conservation Element. 6. Written report submitted from Director of Public Safety, Activities, April 1-20, 1972. Mr. McKeown stated County Animal Control Staff assured him they would patrol city more often. 7. Monthly Departmental Report received by Director of Public Works. Action items as follows: (a) No Parking Zone on Camino Capistrano - Recommended Council authorize his department to prohibit parking between two entrances to E1 Adobe Plaza by means of painting the curb red. Councilman Gammell, seconded by Councilman Weathers, moved that recommendation be upheld. Carried unanimously. (b) Specifications for Sewer Pipe in City - Amend specs to permit use of Armco ABS plastic pipe for gravity sewers and the Band -Seal Coupling as manufactured by Mission Clay Products Corp. Councilman Chermak moved to uphold recommendation. Seconded by Council- man Gammell and carried unanimously. LTARRANT S The list of demands dated 24 April 1972 was presented for Council consideration. Councilman Byrnes moved that warrant nos. 7151 through 7225, inclusive, in the total amount of $244,914.57 be approved for payment. Motion seconded by Councilman Weathers and Carried by unanimous vote. COUNCIL REMARKS 1. City Manager reported on various legislative bills regarding Coastal Zone Development. Copies of bills will be obtained and sent to Council under separate cover. Mayor Thorpe asked if Senator Carpenter or an Administrative Assistant could be contacted to appear before this Council to express their reaction to this measure. 2. Councilman Byrnes planning to attend new Council and Mayors' Institute. _ ADJOURNMENT The meeting adjourned at 10:00 PM. Reconvened at 10:01 PM for reading of Resolution No. 72-4-24-7 acknowledging services of Lee Vallavanti, Deputy City Clerk, by City Attorney, by title only. Adjourned at 10:02 PM to an Executive Personnel session. The meeting reconvened at 10:46 PM. It was moved by Council- man Gammell and seconded by Councilman Weathers, that Carol Heim, John Sweeney, Gerald Gaffney, James Barg and Arthur Lavagnino be appointed to the City Planning Commission. Approved by 4 to 1 vote, Councilman Chermak voting "No." The Mayor adjourned the Council meeting at 10:47 PM. city Clerk APR241972 -7-