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72-0612_CC_Minutes_Regular MeetingJune 12, 1972 REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO The regular meeting of the City Council was called to order at 7:00 P.M. by Mayor James F. Thorpe. The pledge of allegiance was recited. Invocation was given by Reverend Richard Reeve, Community Christian Church. Roll Call: Councilmin Present: Roy L. Byrnes, Edward S. Chermak, Josh Gammell, James K. Weathers and James F. Thorpe Councilmen Absent: None The minutes of the meeting of May 22, 1972 were approved as presented. Moved by Councilman Byrnes, seconded by Councilman Weathers to have all ordinances and resolutions for this meeting read by title only Unanimously carried. BIDS, CONTRACT'S, AGREEMENTS 1. Proposed Lease Agreement on Mini Park Councilman Byrnes moved to approve preparation of a lease agree- ment on a portion of AP 124-160-18 (Mini -Park) with the owners of the property, Donald Speirs, Edward Carson Beale and Natalie T. Mitchell, subject to the following conditions per the recommendation of the Parks & Recreation Commission: 1. That a hold -harmless clause on the part of the City be imposed in the lease. 2. That liability insurance as recommended by the City's agent be obtained. 3. That no physical improvements on the property be required of the City. 4. That no maintenance be required on the part of the City. Motion seconded by Councilman Weathers and carried unanimously. 2. Proposed Change Order No. 3 (Water Pollution Control Facility Modifications) - Weardco Construction Company. Don Martinson of Lowry Engineering Science explained changes in order. Moved by Councilman Chermak, seconded by Councilman Gammell, that Change Order No. 3 in the amount of $14,684 be approved. This amount to be shared with entities in SERRA which would make City responsible for 10% of the work. Motion unanimously carried by the following vote: AYES: COUNCILMEN: Chermak, Gammell, Byrnes, Weathers and Thorpe NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 3. Proposed participation in Joint Oceanographic Study. After a brief explanation by Don Martinson on what this study would entail, it was moved by Councilman Chermak, seconded by Councilman Byrnes and unanimously carried that the City, as a member of SERRA, enter into a Joint Oceanographic Study Agreement with the Aliso Water Management Agency to determine the location of future JUNI 21972 18"7 sewer outfalls, and to approve transfer of funds from Sewer Fund to SERRA Project Committee #4, based on equal participation. AYES: COUNCILMEN: Chermak, Byrnes, Gammell, Weathers and Thorpe NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Director of Public Works informed Council that, based on equal participation by the various districts in SERRA, City would be responsible for approximately $7,250. ORDINANCES, RESOLUTIONS 1. At the recommendation of the Planning Commission, Councilman Gammell moved to adopt a resolution commending Harold J. Ambuehl for his outstanding contributions to the community and long service with the school district and to accept his resignation from the Architectural Board of Review with regret. Motion seconded by Councilman Byrnes. Resolution No. 72-6-12-1 passed, approved and adopted by unanimous vote. 2. A resolution vacating a portion of Rancho Viejo Road was passed at the May 22 meeting of the City Council. Following the Council meeting, Mayor Thorpe executed a quit claim deed which was requested by Title Insurance and Trust Company. With the con- sent of the Council members who were individually polled, Mayor Thorpe signed the deed. Moved by Councilman Byrnes, seconded by Councilman Gammell, and unanimously carried that the City of San Juan Capistrano ratify the Quit Claim Deed dated June 1, 1972, by adopting a resolution. Resolution No. 72-6-12-2 passed, approved and adopted. 3. Proposed revision to Ordinance No. 171 (Business License Ordinance) These changes are necessary -in order to become consistent with recent legislative action. City Attorney read proposed Ordinance No. 195 amending Business License Ordinance No. 171 by title only. Councilman Gammell moved to introduce Ordinance No. 195, amending the Business License Ordinance No. 171, relating to business license fees upon vending machine operators and coin operated laundries. Motion seconded by Councilman Chermak and unanimously carried. This constitutes the first reading of Ordinance No. 195. 4. Proposed amendment to Ordinance No. 15 (Curfew Ordinance). Director of Public Safety recommended that a change be made in the curfew hours for minors to conform with ordinance in neighboring cities. Councilman Byrnes moved to introduce proposed Ordinance No. 196, amending Ordinance No. 15 (Curfew Ordinance) to change the curfew hours for minors from 9:30 p.m. - 6:00 a.m. to 10:00 p.m. - 6:00 a.m. Motion seconded by Councilman Weathers and unanimously carried. City Attorney read proposed Ordinance No. 196 by title only. This constitutes the first reading of Ordinance No. 196. 5. Acceptance of right of way deed from Goya, et al (La Novia Avenue) Moved by Councilman Chermak to accept deed, authorize recorda- tion and dismiss court action by adoption of a resolution. Motion seconded by Councilman Byrnes and unanimously carried. Council -2- JUN 121972 authorizes payment of $4,498 as deposited in escrow. Resolution No. 72-6-12-3 passed, approved and adopted. 6. Acceptance of right of way deeds on Del Obispo Street from Martin Scalzo (AHFP No. 540). Moved by Councilman Chermak to adopt a resolution accepting deeds authorizing recordation thereof. Seconded by Councilman Weathers. Resolution No. 72-6-12-4 passed, approved and adopted by unanimous vote. Cash consideration of $998 to be paid to Mr. & Mrs. Scalzo. 7. Acceptance of right of way deed for offsite sewer easement, (South Coast Development Corporation). Moved by Councilman Gammell that City adopt a resolution accepting right of way deed for Tract 7671 (South Coast Development Corporation) for offsite sewer ease- ment and authorize recordation. Motion seconded by Councilman Byrnes. Resolution No. 72-6-12-5 passed, approved and adopted unanimously. SUBDIVISIONS, ANNEXATIONS 1. Tract 5592 - Lucas Development Company. City Engineer depicted location of property on map and gave a brief description of various improvements proposed. Explained flow of water to flood control channel.. Councilman Chermak moved to adopt a resolution accepting Final Tract Map 5592 and authorize recordation with the condition that a review of the decorative wall on Ortega Highway regarding grade and view to be made. Motion seconded by Councilman Gammell and approved by a vote of 3 to 2, with Councilman Byrnes and Councilman Weathers voting No. Resolu- tion 72-6-12-6 passed, approved and adopted. Mayor and City Clerk directed to execute agreements for construction of public improve- ments. 2. Tract 7182 (Westport) - A portion of Tentative Tract 6269. Councilman Byrnes moved to adopt a resolution accepting public improvements for Tract 7182 and release of remaining cash deposits relating to that tract. Motion seconded by Councilman Chermak. Resolution No. 72-6-12-7 passed, approved and adopted by unanimous vote. 8:45 P.M. - 8:55 P.M. - Ten Minute Recess COMMUNICATIONS (Written) 1. Appeal for Consolidated Rock Company of Planning Commission action on LUP 70-113. Mr. John E. Roberts, consultant in planning and zoning matters, and Mr. S. L. Yount, vice president of Conrock, appealed Planning Commission action on LUP 70-113, stressing their careful operation and the advantages to the City gained from Conrock's local operation. They both urged the City Council to grant an additional period of two years to allow Conrock suitable time to relocate. Mr. Ryle Johnson, Manager of San Juan Mobile Estates, told Council his park had many vacant spaces near.the wall located across from Conrock because of noise generated from Conrock. Mr. & Mrs. Glen Nichols, residents of San Juan Mobile Estates, complained of noise, dust and excessive traffic from Conrock plant. -3- JUN 121972 Councilman Gammell moved to grant Consolidated Rock Company a two year extension on LUP 70-113. Conrock to sign agreement to cease operations at the end of the two-year period. Motion seconded by Councilman Chermak and unanimously approved. 2. Request of San Juan Capistrano Fiesta Association for Franchise for Fiesta de las Golondrinas Parade for March, 1973. Committee comprised of Councilman Gammell and Councilman Chermak to meet with board members of San Juan Capistrano Fiesta Association and review operations and methods to see where City can assist Association in better control of the function. Next meeting of the Association is in July. Mr. C. P. McDowell, president of Fiesta Association, to notify Councilmen Chermak and Gammell of their next meeting. 3. Letter from Mrs. Rodger Butler requesting more animal con- trol enforcement. Mayor Thorpe suggested that staff contact the Orange County Supervisors and County Administrative Officer and again let them know of need for further service. 4. Request from San Juan Beautiful for designation of official city tree and for establishment of city as a bird sanctuary. Mayor Thorpe referred these items to the Parks & Recreation Commission for their recommendation. ADMINISTRATIVE 1. City Engineer gave progress report on modifications to new traffic signals. He drew a sketch of street light installations on LaPaz Road in the Mission Viejo area showing iron work and mission bell. Stated he is still checking back plates for traffic signals. 2. City Attorney reported on legal action available regarding preservation of AT&SF Depot as historical monument. No action taken. 3. Report of City Clerk re sufficiency and validity of petition signatures in opposition to Ordinance No. 193 (Establishing a Depart- ment of Public Safety). City Clerk reported a Certification of Petition had been drawn up by the City Attorney and certified to by the City Clerk, stating the petition had.been examined by him and that said petition is properly executed by more than 10% of the registered voters of the City of San Juan Capistrano. City Attorney said Council now had two options; either rescind Ordinance No. 193, or pass on to voters at a special election within 60 to 75 days from date of certification. Councilman Chermak moved that the matter of the Establishment of a Department of Public Safety be submitted to voters at special election. Motion seconded by Councilman Byrnes and unanimously carried. City Attorney then advised Council that, according to calendar of election procedures prepared by the firm of Martin & Chapman, three resolutions would be necessary at this time. Moved by Councilman Gammell, seconded by Councilman Chermak, that City adopt a resolution requesting the Board of Supervisors of the County of Orange to permit the Registrar of Voters to render services to the City of San Juan Capistrano relating to the conduct -4L JUN 121972 of a special municipal election to be held in said City on August 22, 1972. Unanimously approved. Resolution No. 72-6-12-8 passed, approved and adopted. Moved by Councilman Weathers, seconded.by Councilman Byrnes, that City adopt a resolution calling for and giving notice of the holding of a special municipal election to be held on the 22nd day of August, 1972, for the submission to the qualified electors of a certain question relating to the establishment of a Department of Public Safety and a proposition relating to the authorization of a separate tax rate for the maintenance, operation and improvement of public park sites of .15 cents per $100 assessed valuation. Resolution 72-6-12-9 passed, approved and adopted by unanimous vote. Moved by Councilman Byrnes, seconded by Councilman Gammell, that City adopt a resolution authorizing certain of its members to file written arguments on behalf of City measures submitted to voters at a special municipal election to be held on August 22, 1972. Resolution 72-6-12-10 passed, approved and adopted by unanimous vote. Councilman Byrnes moved that City retain the firm of Martin and Chapman for printing services in connection with the special municipal election being held on August 22, 1972, based on the estimates submitted May 3, 1972, in the amount of $709.47. Motion seconded by Councilman Weathers and unanimously carried. PLANNING COMMISSION MATTERS 1. Waiver of conditions of LUP 72-108 (Orange County Cable Communications). Councilman Chermak moved to uphold the recommendation of the - Planning Commission on LUP 72-108 (Cable Communications) permitting the establishment of a community television receiving antenna system and waiving conditions 2, 3, and 4 imposed by the Planning Commission. Said conditions are as follows: (1) That plot plans and elevations be considered precise for construction purposes. (2) That property owner is required to install full street improvements which include street sections, curb and gutter, sidewalks, ornamental street lights and under- ground utilities. (3) Property owner shall dedicate all necessary right-of-way for Trabuco Creek Road to a width of 52 feet from centerline. (4) Property owner shall be required to comply with the Drainage Element of the General Plan. This property is located in the LO -2 area and the fee is $595 per gross acre. (5) All on-site electrical or communication facilities including any installation of television cable shall be underground., (6) That the Planning Commission reserves the right to reopen the public hearing at the time screening landscaping is required. (7) That Planning Commission recommend to City Council that conditions #2, #3, & #4 be waived. Motion seconded by Councilman Byrnes and unanimously carried. -5- JUP! 121972 191 2. RZ 72-106 (Covington) Councilman Byrnes moved to set Public Hearing on RZ 72-106 (Covington) for July 10, 1972, at 7:00 P.M. Motion seconded by Councilman Weathers and unanimously carried. 3. Determination of use of C -1H District (Local Business Mission re: Planning Commission Resolution No. 72 -6 -6 -2 -PC relating to similarity of use and permitted use in C -1H District. Commission determined that a bicycle shop, retailing non -motorized bicycles, is similar in character and compatible to those uses permitted in the C -1H District. No action by City Council constituted approval. 4. Mayor Thorpe set Thursday, June 15, 1972, 7:00 P.M. at the City offices as a joint work session of the City Council and the Planning Commission. PARKS & RECREATION COMMISSION MATTERS 1. Proposed street design to include bicycle trail for 1911 Street Improvement Act for Camino Capistrano. (Long Park) Moved by Councilman Byrnes to accept the recommendation of the Parks & Recreation Commission in the selection of Alternate A of various street sections presented by the City Engineer on Camino Capistrano, with the provision that the six foot planting segment may be expanded. Motion seconded by Councilman Gammell and unanimously carried. COMMITTEE REPORTS James F. Thorpe Mayor Thorpe submitted a proposed resolution relating to school attendance zones to Council and asked for their recommendations. Moved by Councilman Byrnes, seconded by Councilman Chermak, that City adopt a resolution providing for a'developer to submit map of school district attendance zones prior to accepting tracts. Unanimously carried. Resolution No. 72-6-12-11 passed, approved and adopted. Josh Gammell Councilman Gammell reported the screening committee had screened and interviewed prospective candidates for the position of City Clerk. Mayor Thorpe said this matter would be taken up at a personnel session after the Council meeting. Edward S. Chermak Councilman Chermak reported there was a vacancy on the Retire- ment Board Committee. Councilman Byrnes was appointed by Mayor Thorpe to fill the vacancy left by William Bathgate. WARRANTS Moved by Councilman Byrnes, seconded by Councilman Weathers, that warrant numbers 7308 through 7367` in the total amount of $254,216.05 be approved for payment. Unanimously carried. -6- JUN 121972 192 COUNCIL REMARKS Councilman Gammell 1. Councilman Gammell asked about loading operations at railroad spur by Straub Distributing Company. Director of Planning advised this was a permitted use. 2. Councilman Gammel also questioned drain from Westport property to street. City Engineer reported sidewalk had been cut to allow for construction of a drain. Councilman Chermak 1. Councilman Chermak stated an amendment was needed to the Retirement Income Plan since the Committee had voted to change the age and dates concerning retirement. Moved by Councilman Chermak, seconded by Councilman Gammell, that Mayor and City Clerk sign amendment No. 1 to the Retirement Income Plan as follows: "Each present employee is eligible to participate on the effective date. Each future employee will be eligible to participate on the anniversary date of the plan next following his attainment of age 23 and completion of one (1) full year of continuous service, pro- vided he is not then over the age of 55." Motion unanimously carried. Councilman Chermak then moved to adopt a resolution amend- ing the Retirement Income Plan, seconded by Councilman Gammell. Resolution No. 72-6-12-12 passed, approved and adopted unanimously. 2. Councilman Chermak asked if there was some recourse to law which would enable committees and Commissions to declare citizens out of order at meetings. Staff to make recommendations. City Attorney to submit report regarding law at next meeting. Councilman Weathers 1. Councilman Weathers commented on Informational Item 11. - Resignation of Raymond Miller as Director of Civil Defense. Council- man Weathers moved to adopt a resolution accepting resignation of Raymond Miller and thanking him for his services. Motion seconded by Councilman Chermak and unanimously approved. Resolution No. 72-6-12-13 passed, approved and adopted. Councilman Gammell moved to adopt a resolution appointing the Director of Public Safety as Director of Civil Defense. Motion seconded by Councilman Byrnes and unanimously carried. Resolution No. 72-6-12-14 passed, approved and adopted. ' Councilman Byrnes 1. Moved by Councilman Byrnes, seconded by Councilman Weathers, that City Manager be paid cash in lieu of this three weeks' vacation due the workload caused by a vacancy in the City Clerk's office. Motion passed by a vote of 4 to 1, with Councilman Gammell voting No. 2. Councilman Byrnes expressed a desire to have Council meetings on Thursday instead of Monday evenings. No action taken. Mayor Thorpe 1. Mayor Thorpe reported he had attended meetings of the Orange County League of Cities Executive Meeting and SAMCO. Told Council League dues for fiscal year 1972-1973 are $37.50. Reported changes _7_ V1UN121972 193 made to By -Laws concerning nominations. New amendment will allow City representatives to take nominations back to council for recommendation prior to vote. Mayor Thorpe also stated he had information on mass transit if anyone was interested in seeing it. Meeting adjourned to a personnel session at 10:35 P.M. Council reconvened from personnel session at 11:41 P.M. Moved by Councilman Chermak, seconded by Councilman Weathers, that City Manager be authorized to offer the position of City Clerk to Wanda Andersen, currently City Clerk of Rosemead. Unanimously carried. Meeting adjourned at 11:42 P.M. ity er -8- JUN 121972