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72-0724_CC_Minutes_Regular Meeting207 JULY 24, 1972 REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO The regular meeting of the City Council was called to order at 7:03 p.m. by Mayor James F. Thorpe. The Pledge of Allegiance was recited. Invocation was given by Father Johnson of the Mission San Juan Capistrano. Roll Call: Councilmen Present: Edward S. Chermak, Josh Gammell, James K. Weathers, and James F. Thorpe Councilmen Absent: Roy L. Byrnes The minutes of July 10, regular meeting, and July 18, special meeting, were approved as presented. Moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, that all ordinances and resolutions for this meeting be read by title only. CONSENT CALENDAR ITEMS Moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, that the following requests be approved: 1. Request of Camp Fire Girls to conduct annual candy sale January 18 through February 5, 1973. 4. Request for proclamation of Burglary Prevention Week, July 24 - 30, 1972. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, that the following requests be denied: 2. Application for soliciting by White Whale Pool Maintenance Co., for pool maintenance. 3. Application for soliciting by Mark Zillman Painting Co., to sell paintings on the street. PUBLIC HEARINGS 1. RZ 72-106 (Covington) - R-1 (Single Family Residence), C-1 (Local Business), R-3 (Multiple Family & Apartment), and E-4 (Hillside Estate) Districts to PD (Planned Development) and C-1 (Local Business). Resolution No. 72-7-18-3 of the Planning Commission, recommending thirteen conditions applicable to the rezone was presented for con- sideration. Mayor Thorpe declared the public hearing reopened. Mr. Jay Hamer, representing Robert Van Roekel, architect for the developer, addressed the Council stating that original builder has withdrawn application and Hall -craft Homes of Phoenix, Arizona, are now proposed builders. They are familar with the Van -R cluster -type con- cept and are willing to accept the conditions recommended by the Planning Commission. He also stated that a financial statement has been submitted to the City Manager. Mr. Robert McCullum, representing Alliance Homeowners Assn., spoke in opposition and stated they feel that other priorities are more important than residential growth at this time. JUL24197Z 2 0 8 Mr. Jack Connelly, representing Mission Hills Homeowners Assn., also spoke in opposition and stated if the zone change is approved he would request the Council consider the following: 1) maintenance of the pond on the subject property 2) elimination of all commercial zoning in a residential. area 3) need for school site 4) problem of rattlesnakes during construction 5) dust control 6) requirement of a completion bond before any construction begins, and 7) requirement of a financial impact statement showing effect of development on municipal services. Mayor Thorpe closed the hearing with right to reopen at anytime. - Following discussion it was moved by Councilman Chermak and seconded by Councilman Gammell, to uphold the recommendation of the Planning Commission and grant RZ 72-106 as requested. Following further consideration of the proposed C-1 zoning, Councilman Gammell withdrew his second. It was moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, that RZ 72-106 be approved with the deletion of the C-1 Zone. Moved by Councilman Chermak, seconded by Councilman Gammell, to adopt Resolution No. 72-7-18-3 of the Planning Commission with the addition that developer be required to submit a grading and landscaping bond. Mayor Thorpe moved the following amendment: 1) that as a part of the Environmental Impact Statement, and upon presentation of each tract map, consideration be given to the ability of the school district to serve the development, and 2) that developer discuss with the Park & Recreation Commission the preservation of the pond in question. The amendment was seconded by Councilman Gammell and carried unanimously. The motion, as amended, was voted upon and carried unanimously. 2. RZ 72-105 (Swan Constructors, Inc.) - PD (Planned Develop- ment) District to C -2A (Restricted General Business District). Mayor Thorpe opened the public hearing. _ Planning Director Johns presented the staff report and outlined on a map the location of subject property, which is the southeast corner of Alipaz and Del Obispo. Mr. Frank Ahearn, 1250 Sixth Street, San Diego, representing Swan Constructors, addressed the Council stating they propose to develop a overnight recreation vehicule park and service station on the site. Mr. Rymer, resident, addressed the Council in opposition to the service station. Mayor Thorpe closed the hearing with right to reopen at anytime. Moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, that we uphold the recommendation of the Planning Commission and grant RZ 72-105,but that applicant consult with the Commission prior to the service station being considered. _ 2 _ JUL24197Z 3. RZ 72-108 (Ziccardy) - U-1 District to PD District. O Planning Director Johns stated property is located easterly of the intersection of Ortega Highway and Ganado Road and consists of approximately 30 acres. Mayor Thorpe opened the public hearing. Mr. Ray Ziccardy, 178 E. Avenue Cordova, San Clemente, addressed the Council and stated he had originally planned to develop single family dwellings but is now interested in the new cluster -type concept. He questioned the Council as to which type housing they would prefer. The Council expressed no opinion in this regard. No one appeared in opposition. Mayor Thorpe closed the public hearing with right to reopen at anytime. Attorney Okazaki interjected at this time to inform the Council that upon approval of zone changes, an ordinance adopting the same should be introduced for first reading. He made 'reference to RZ 72-106 (Hamer) and presented the following ordinance by title only: Ordinance No. 200. An Ordinance Amending the "Precise Zoning Map" as adopted by Ordinance No. 115, to be designated as Amendment No. 23. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, that Ordinance No. 200 be introduced. Mr. Okazaki made reference to RZ 72-105 (Swan Constructors) and presented the following ordinance by title.only: Ordinance No. 201. An Ordinance Amending the "Precise Zoning Map" as adopted by Ordinance No. 115, to be designated as Amendment No. 24. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, that Ordinance No. 201 be introduced. Mr. Okazaki made reference to the zone change in question RZ 72-108 (Ziccardy) and read the following ordinance by title only: Ordinance No. 202. An Ordinance Amending the "Precise Zoning Map" as adopted by Ordinance No. 115, to be designated as Amendment No. 25. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, that Ordinance No. 202 be introduced. Mayor Thorpe recessed the meeting at 8:50 p.m, for 10 minutes. BIDS, CONTRACTS, AGREEMENTS 1. Change Order No. 2, A.G. Tutor Co. Mr. T.J. Meadows, Director of Public Works, stated it was neces- sary to replace and relocate certain water mains not indicated on the pians during construction of water control facility trunkline. He explained the reasons for the change order request and answered questions of the Council. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, that change order No. 2 be approved, that we accept the off-site sewer line for water quality control facility and authorize execution of notice of completion by Department of Public Works. JUL 24197Z - 3 - Z10 2. SERRA Acquisition of Water Quality Control Facility and Lease of Dana Point Ocean Outfall. Mr, T. J. Meadows, Director of Public Works, presented a memorandum outlining a proposed agreement for the acquisition, use, operation, maintenance and expansion of the City's Water Quality Control Facility and two (2) agreements for the lease of the Dana Point Ocean Outfall. He noted that the City will receive $656,000 for the Plant and $152,000 for the value of the ground lease. City is to be paid for the value of the existing lease based on costs for the 2000' ocean out- fall extension. Amount originally agreed to be paid to Dana Point Sanitary District is $35,800 per year, The estimated costs to the City for its share of expansion is $1,251,630, less potential grants of $818,954, with a net estimated cost of $432,676. The City will gain $375,324 plus capacity in the facility of 2.5 mgd from the existing capacity of 1.0 mgd. Mr. Meadows recommended the Council approve the three proposed agreements. He further recommended that execution be withheld pending an official document ceremony whereby all effected entities could be present for the signing. There were no objections from the Council. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, that the agreement for acquisition, use, main- tenance, etc, and expansion of sewage treatment plant by SERRA be approved. Roll Call Vote as follows: AYES: Councilmen: Chermak, Gammell, Thorpe, Weathers NOES: Councilmen: None ABSENT: Councilmen: Byrnes Moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried, that the lease agreement of outfall by Dana Point Sanitary District to SERRA be approved. Roll Call Vote as follows: AYES: Councilmen: Chermak, Gammell, Thorpe, Weathers NOES: Councilmen: None ABSENT: Councilmen: Byrnes Moved by Councilman Gammell, seconded by Councilman Chermak, and unanimously carried, that the agreement with SERRA for lease, use, — operation, maintenance, etc., to Dana Point Sanitary District Outfall be approved. Roll Call Vote as follows: AYES: Councilmen: Chermak, Gammell, Thorpe, Weathers NOES: Councilmen: None ABSENT: Councilmen: Byrnes ORDINANCES, RESOLUTIONS 1. Second Reading of Ordinance No. 197 amending Personnel Ordinance No. 194, adding the office of City Clerk, and adding provision for Mandatory Retirement of full-time City employees and appointive officers. Attorney Okazaki read the foregoing ordinance by title only. JUL241972 Mrs. Rose Corrigan addressed the Council making reference to the mandatory retirement age, and questioned which officers and/or employees will be affected. City Manager replied that the ordinance does not apply to membe s 1 of boards, commissions or committees. It does apply to such appointive officers as City Attorney, City Clerk, City Manager and City Treasurer. Mrs. Corrigan asked Council if it was aware Ordinance No. 197 at this time would affect only the City Treasurer. Mayor Thorpe replied the Ordinance in time could affect many City personnel who reach retirement age. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, that Ordinance No. 197 be adopted, 2. Second Reading of Ordinance No. 198 prescribing duties of Park & Recreation Commission, etc., and repealing Ordinance No. 166. Attorney Okazaki made two minor revisions as follows: Section 1. d) Office. Each member of the Commission shall be appointed by the City Council for terms coinciding with that of the appointing Councilmen; a member may, nevertheless, be removed at any time, by a majority vote of the City Council. Section 2. Organization. The Commission upon its organization shall adopt rules and regulations providing for the staggering of the terms of its members to comply with the requirement of Section 1 d) herein, the election of officers, the establishment of times and places for the meetings, the adoption of procedures therefor, and such other matters as will lead to the orderly and efficient transaction of the duties hereinafter set forth. The ordinance was read by title only. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, that Ordinance No. 198 be adopted. 3, First Reading of Ordinance No. 199 relating to the Planning Commission and powers of the Chairman and repealing Ordinance No. 188. Attorney Okazaki presented this ordinance by title only. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, that Ordinance No. 199 be introduced. 4. Proposed Resolution Creating Impact Committee. Following discussion this item was deferred to next regular meeting. 5. Resolution No. 72-7-24-1 - Ordering City Clerk to Canvass Election Results of August 22nd Special Municipal Election. Moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried, that Resolution No. 72-7-24-1 be adopt@d. SUBDIVISIONS, ANNEXATIONS None COMMUNICATIONS (Written) 1, a) Request of Russell L. Hafer, M.D., regarding street improvements along Camino Capistrano. Dr. Hafer addressed the Council stating one of the conditions for approval of LUP 72-102 is that he install certain public improvements to City standards. Iie requested this condition be waived until: - 5 - JUL 24197Z of 12r 1) an appropriate assessment district be formed, or 2) the adjoining properties are developed or improved, or 3) a capital improvement project by the City is scheduled, whichever comes first. City Engineer Kubota stated that Dr. Hafer's building is almost completed and in order for him to receive his occupancy permit he must fulfill the requirements or receive a waiver by the City Council. Mr. Kubota recommended the City enter into an agreement with the property owner deferring public improvements for a period of one year and with option to extend, upon receipt of performance guarantee acceptable to the City. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, that the foregoing recommendation be approved as outlined. 1. b) Request of Kellogg P. Wells to have City assume the street paving and curb improvement costs on City owned property if required dedication is received from property owners, Tract No. 1269. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, that Mr. Wells be informed of the options available to him and advised that his request is not acceptable. 2. Request of Dr. Erwin Watkins for traffic control at inter- section of Aeropuerto and Camino Capistrano. There being no objections this matter was referred to staff for investigation and report on August 28. 3. Rutan & Tucker, Attorneys, regarding abatement of public nuisance, 26742 Verdugo. Director of Public Works advised the Council that subject property has been cleared of debris, etc., and no longer constitutes a public nuisance as defined by weed and rubbish abatement ordinance. The staff was directed to notify the attorneys of this action. COMMUNICATIONS (Oral) 1. Mr. William Hicks, 27876 Calle San Remo, addressed the Council stating he has not yet received a copy of the City Clerk's certification of the forty petitions submitted protesting the adoption of Ordinance #193, Establishing a Department of"Public Safety. It was indicated this was a staff oversight and Mr. Hicks would be mailed a copy of the certification. ^' ADMINISTRATIVE 1. State Mandated Open Space Element of General Plan. City Manager outlined in brief State's criteria for an interim plan, advising that AB 966 does require the adoption of such a interim plan by August 31, 1972. He stated it is the Planning Director's sug- gestion that Council again review the draft of the open space element contained in the Planning Department's document circulated to all City officials on June 12. A staff report will be prepared for con- sideration by the Council on August 28. 6 - 'JUL 2 41972 2. Regulations of Solicitors. City Manager presented his report, together with copies of ordinances from the cities of Huntington Beach and Placentia. During discussion amongst the Council it was indicated that inasmuch as the Sheriff does not provide enforcement of our present solicitor laws on a regular basis neither ordinance would have much effect. Following further consideration this matter was deferred to the first meeting in September. 3, Disposition of in -lieu park fees. Attorney Okazaki stated that fees collected from subdividers pur- suant to Section 11546 of the Business and Professions Code can be used only for the purpose of providing park or recreational facilities to serve the park district from which the fees originated. On July 2,1971 the City caused 20% of the so called "in -lieu fees" to be applied to the recreational center fund, the sum of which is now $13,110.54. It is his recommendation that a motion directing the Director of Finance to correct his records would suffice as none of the money has been spent, and the transfer of such funds into their proper district would be a simple bookkeeping operation. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, that the monies collected for the recreational center fund be reallocated to the individual districts from which they came. 4. Conflict of Interest. Attorney Okazaki stated he will prepare a comprehensive report on this subject at a later date. 5. Council response to LAFCO inquiring on proposal to form County service area No. 19 contiguous with boundaries of Capistrano Unified School District. City Manager stated City has been requested by LAFCO to take a position on a petition to establish a county service area. A copy of the City's resolution adopted July 10 will suffice. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, that a copy of Resolution No. 72-7-10-4, allowing citizens to circulate petition to establish county service area and determine position of public, be forwarded to LAFCO. 6. Major 1972-73 Budget Events Leading to Director of Finance's July 18 Deficit Memo. City Manager stated that shortly after final proposed budget figures were released by the Finance Department to Council, the Director of Finance found it necessary to alter his projected General Fund sur- plus. The Director's explanation was that he had lately determined that surplus dollars from the 1971-72 budget would be reduced about $41,000. He further stated that he had not included an estimated $80,000 expense for 1972-73 due for Del Obispo Street in the proposed budget. The net result of the reanalysis was a projected $102,000 deficit at the end of the 1972-73 fiscal year. 7 _ JUL24197Z 14: Mr. Weidner stated it would be possible for the General Fund to be modified to absorb the projected deficit without reducing services to the public or increasing taxes. He offered a list of alternate budget adjustments in support of his statements. The Mayor indicated that this matter would be discussed further during budget session. PLANNING COMMISSION MATTERS 1. RZ 72-107 (South Coast Development Co.) - Resolution No. 72- 7-18-1 PC - PD to Cl. Set public hearing for August 14, 1972. Moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, that public hearing be scheduled for August 14, 1972 for RZ 72-107. 2. RZ 72-109 (C. Michael) - Resolution No. 72-7-18-2 PC - County Zoning to R-1. Set public hearing for August 14, 1972. Moved by Councilman Gammell, seconded by Councilman Chermak, and unanimously carried, that public hearing be scheduled for August 14, 1972, for RZ 72-109. PARKS AND RECREATION COMMISSION MATTERS None COMMITTEE REPORTS None STAFF REPORTS Monthly informational reports were submitted by the following: City Engineer, City Treasurer, Director of Finance, Director of Planning, Director of Public Safety and Director of Public Works. City Engineer also requested that Council accept two (2) ease- ment deeds for off-site sewer for the Barwick -Datsun Agency, and authorize recordation. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, that the foregoing recommendation be approved. WARRANTS 1. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, that warrant numbers 7448 through 7462 and numbers 1000 through 1040 in the total amount of $356,388.61 be approved for payment. COUNCIL REMARKS 1. Councilman Gammell inquired of staff's progress in obtaining decorative ornamentation for traffic signals to be installed at various intersections. City Engineer informed the Council that the traffic signal standards would be erected next week, and he is securing estimates from a company in Mission Viejo and other sources for the decorative ornamentation. 2. Councilman Gammell stated he has received complaints from property owners on Paseo Rosa and Calle Lucana who are dissatisfied with the condition of the street which was just recently resurfaced. He stated that many residents are tracking tar into their homes, and requested this be looked into further by the Public Works Department. - 8 - "JUL241972 3. Mayor Thorpe stated he has received a complaint concerning cable television service and has requested the City Manager to contact franchisee in hopes of receiving a better level of service. 4. Mayor Thorpe stated he attended the Project 21 conference on July 22nd regarding Population Growth, and presented the Council with information for their review. He also presented a booklet from SCAG with relation to a recent airport study. 5. Mayor Thorpe commented on the recycling project underway by the City of San Clemente. 6. Mayor Thorpe suggested the Council meet for a budget session on Wednesday evening, July 26 at 7:00 p.m. There were no objections. 7. Mayor Thorpe also suggested that Council schedule a public hearing on the 1972-73 budget for Monday, July 31 at 7:00 p.m. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, that a special meeting be held for public hearing on the budget on Monday, July 31 at 7:00 p.m. Moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, that meeting be adjourned. Meeting adjourned at 10:35 p.m. ATTEST: City Clerk s F. Thorpe, Mayor of the y of San Juan Capistrano _ 9 _ JUL 241972