72-1009_CC_Minutes_Regular MeetingOCTOBER 9, 1972 247
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 Schwenck of Community Presbyterian Church.
Roll Call: Councilmen Present: Roy L. Byrnes, Edward S.
Chermak, Josh Gammell, James
K. Weathers, and James F.
Thorpe.
Councilmen Absent: None
There being no additions or corrections, the minutes of
September 25, 1972, were approved as written.
Councilman Weathers requested the minutes of September 27,
1972, be corrected to reflect that Robert McCollum was appointed as
Chairman of the Impact of Development Committee. There were no objec-
tions and the minutes were approved as corrected.
Moved by Councilman Byrnes, seconded by Councilman Weathers,
and unanimously carried, to have all ordinances and resolutions for
this meeting read by title only.
CONSENT CALENDAR MATTERS
1. Orange County Epilepsy Society - Request to Solicit during
November, 1972.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to approve the foregoing request with the condi-
tion that the hours of solicitation be restricted to no later than
8:00 P.M. and no earlier than 10:00 A.M.
PUBLIC HEARINGS - NONE
BIDS, CONTRACTS, AGREEMENTS
1. Settlement of Lallovia Bridge Condemnation Action (Glendale
Federal Savings & Loan Association).
City Engineer Kubota reported that he had contacted the general
counsel of Glendale Federal and they informed him that there are no new
law suits in this regard. He recommended that Council approve the settle-
ment for the necessary right-of-way in the amount of $30,860.00 and auth-
orize him to proceed.
Councilman Chermak stated that the original owner intended to
give the City the necessary right-of-way free gratis, and requested the
City Manager pursue this matter further before taking any action. There
were no objections and so ordered.
OCT 9 IyIz
21 Councilman Chermak also discussed the possible purchase of
the entire 1700 acres including the golf course property presently for
sale by Glendale Federal Savings and Loan Association. Following consid-
eration it was moved by Councilman Byrnes, seconded by Councilman Chermak,
and unanimously carried, that staff be directed to undertake a preliminary
feasibility study for the acquisition of the subject property, in whole
or in part, including price, legal ramifications, etc., and said study
not to exceed $500.00.
2. Request to Participate in SERRA Five -Year Plan.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 72-10-9-1, authorizing the
City to participate with SERRA in the submission of a required ocean dis-
charge standards report to San Diego Regional Water Quality Control Board.
Roll Call Vote as follows: AYES: Councilmen: Byrnes, Chermak,
Gammell, Thorpe, Weathers. NOES: Councilmen: None ABSENT: Councilmen:
None.
Attorney Okazaki read the foregoing resolution by title only.
ORDINANCES, RESOLUTIONS
1. Requests for Reconsideration of Ordinance No. 204, (Develop-
ment Fee Schedule.
City Manager stated by request of Westport Home Builders and
First Commercial Corporation, this item has been asked to be removed from
the agenda to possibly the meeting of October 24. There were no objections.
2. Proposed Ordinance Revising.Development Fee Schedule and
Amending Ordinance No. 204.
Councilman Weathers requested that Section 1 of proposed ordinance
be amended to include that when a builder or developer submits his plans
to the Architectural Control Board said plans shall conform to the
standards presently used in the Mission Control District.
Following discussion with regard to additional changes in the
ordinance this matter was held over to the next regular meeting and the
City Attorney requested to revise the ordinance accordingly.
3. Second Reading of Ordinance No. 209, Revising Parks Fee
Schedule and Repealing Ordinance No. 131.
Mr. Phillip Schwartze, Chairman of the Parks S Recreation
Commission, addressed the Council and discussed recommended changes in the
ordinance.
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24c
Councilman Gammell made reference to the League of California
Cities model ordinance on this subject, and following consideration, it
was suggested that the City Manager, City Attorney and members of the
Parks & Recreation Commission study the model ordinance,together with
the proposed ordinance,before this matter is brought back for final
adoption. There were no objections and so ordered.
4. Proposed Amendment to Ordinance No. 115, (Scenic Corridor
District).
Councilman Byrnes stated this matter was placed on the agenda
at his request, as he is desirous of having Ortega Highway accepted by
the State as a Scenic Highway.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, that staff be directed to upgrade the proposed
ordinance and return it in completed form for Council's consideration,
possibly the meeting of November 13.
5. Resolution Establishing Guidelines and Procedures for
Issuance of Grading Permits.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 72-10-9-2, Establishing
Guidelines and Procedures for Issuance of Grading Permits.
The Council briefly discussed the possibility of prohibiting
construction within the City on Saturdays and Sundays, and requested
the City Attorney to look into the City's present ordinances to deter-
mine if the City has any legal jurisdiction in this regard.
SUBDIVISIONS, ANNEXATIONS
1. Acceptance of Easement Deeds (2) for Mission Village
Shopping Center - DOL 72-105.
City Engineer stated that subject easements are for the con-
struction of the on-site sewer system and have been executed by M. J.
Brock & Sons and Vons Grocery Company.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to accept the foregoing easement deeds and
authorize recordation.
2a. Acceptance of Grant Deed for portion of "Long Park",
(Westport - Apartment Home Co.).
Moved by Councilman Weathers, seconded by Councilman Byrnes,
and unanimously carried, to accept the foregoing grant deed and auth-
orize its recordation.
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OCT 9 iii/2
250
2b. Approval of Tract Map 7194 - Westport - Apartment Home Co.
City Engineer Kubota displayed the map of subject tract and
recommended that said map and the 3 -party agreement for construction of
all required public improvements be approved.
Moved by Councilman Gammell, seconded by Councilman Byrnes,
and unanimously carried, to approve Tract Map 7194 and authorize the Mayor
and City Clerk to execute the agreement.
2c. Approval of Drainage Agreement - Tract No. 7194 - Westport
Apartment Home Co.
Moved by Councilman Chermak, seconded by Councilman Byrnes,
and unanimously carried, to approve the foregoing agreement and authorize
the Mayor and City Clerk to execute.
3. Acceptance of Public Improvements and Exoneration of 3 -Party
Agreement - Tract No. 7192 - Westport.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to approve the foregoing subdivision and that the
parties to said agreement be so notified.
4. Acceptance of Easement Deed from United California Bank,
(Darmi property - Las Ramblas Interchange)
Moved by Councilman Chermak, seconded by Councilman Byrnes, and
unanimously carried, to accept the foregoing easement and authorize its
recordation.
TEN MINUTE RECESS - 8:30 - 8:40 P.M.
COMMUNICATIONS - (Written)
1. William Hicks, Citizens for Action Committee, Requesting
i
Council Agenda Packet.
It was noted that pursuant to Resolution No. 71-8-23-2 the
cost for mailing and handling of the agenda and minutes is $25.00 per year
The cost for duplicating documents is:
150 per sheet for 8-1/2 x 14.
10C per sheet for 8-1/2 x 11 and
Following discussion it was moved by Councilman Byrnes, seconded
by Councilman Chermak, and carried, to amend Resolution No. 71-8-23-2 to
include that individuals shall be furnished copies of the Council agenda
packet under the following conditions:
a) that requests be made to the City Clerk by 5:00 p.m.,
Friday, 6 working days prior to the next Council meeting,
b) that cost shall remain as set forth in said Resolution No.
71-8-23-2,
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OCT 919;2
251
c) that a cost of $2.00 per packet shall be added for clerical
preparation, and
d) that postage shall be added in addition to the above as
appropriate.
Councilmen Gammell and Weathers voted no.
2. Kenneth Hawkins - E1 Nido Associates - LUP 68-109 - Status
Report.
The Council discussed the status report dated October 3, 1972
and the possibility of requiring an Environmental Impact Statement for
this project.
The City Manager reported that staff has viewed the property in
question and stated that it appears that some minor grading has taken
place.
It was also noted that a grading and drainage permit was issued
by the County on April 10, 1972, but that a surety bond has not been
posted, thereby preventing use of the permit.
Mr. Riley Markus, Consulting Engineer for Mr. Hawkins,
addressed the Council, displaying the grading permit and answering
numerous questions.
Following consideration it was moved by Councilman Byrnes,
seconded by Councilman Gammell, and LOST, that an Environmental Impact
Statement be required for LUP 68-109. Councilmen Chermak, Weathers and
Mayor Thorpe voted no.
COMMUNICATIONS - (Oral)
1. Mr. William Hicks, representing Citizens for Action Com-
mittee, addressed the Council and read a prepared statement regarding
administrative powers, cost studies, the department of public safety,
proposed hiring of planning consultants, and Ordinance No. 208 - Fixing
amount of Council salary.
The Mayor directed staff to furnish Mr. flicks with the informa-
tion requested.
ADMINISTRATIVE
1. Staff Report regarding Request for Christmas Street
Decorations.
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OCT 91,9,7,Z
52
Following discussion as to cost, energizing problems,
storage, etc., it was moved by Councilman Weathers, seconded by Councilman
Chermak, and unanimously carried, that the foregoing matter be deferred
to next budget time and that staff in the interim undertake a feasibility
study of installing electrical outlet receptacles in the existing poles.
2. Possible Agenda Item for November 13th - Special Presenta-
tion on City Employee Retirement System.
It was recommended this matter be placed on the agenda for
November 13 and there were no objections and so ordered.
3. Review of MEMO OF UNDERSTANDING between City and Employees'
Association - Wages and Supplemental Benefit Adjustments.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
unanimously carried, to approve the foregoing MEMO OF UNDERSTANDING and
authorize the Mayor to execute.
4. Resubmittal of Employee Tuition Reimbursement Policy.
There being no objections this matter was deferred to the
meeting of October 16.
Signs.
5. Report on Costs for Special City Emblems - Bicycle Trail
There being no objections this matter was deferred to the
meeting of October 16.
PARKS & RECREATION MATTERS
1. Report regarding Absent Members.
There being no objections this matter was deferred to the
meeting of October 16.
PLANNING COMMISSION MATTERS
1. Resolution No. 72 -9 -26 -1 -PC - Proposed Amendment to Zoning
Ordinance No. 115.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to set public hearing on the foregoing matter for
October 24, 1972.
2. Christiansen & Associates - Appeal of Condition No. 2 -
DOL 72-107 (Winter & Durnford).
Mr. Elmer Christiansen, Civil Engineer, addressed the Council
in behalf'of his appeal and requested that the required public improve-
ments be waived until further development in the immediate area or an
improvement district is formed by the City.
OCT 9197i
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City Manager stated that an agreement could be drawn up similar
to that for the Zelko property and brought back to Council for final
approval.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, that Condition No. 2 be waived as requested and
staff directed to prepare the appropriate document for final approval by
Council.
COMMITTEE REPORTS - NONE
1. Approval of warrants for period ending October 6, 1972.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to approve warrant numbers 1239 through 1281 in the
total amount of $33,267.12.
COUNCIL REMARKS
0
1. Mayor Thorpe commented with regard to the County Comprehen-
sive Health Planning Council and suggested the Council give some thought
to re -appointing a representative to this Committee.
2. Mayor Thorpe discussed briefly the general planning study being
undertaken by the County for Capistrano Beach, Dana Point and surrounding
areas, and suggested he and the City Manager be authorized to schedule
a meeting with possibly members from the Board of Supervisors, citizens
of various civic organizations and others deemed appropriate, to discuss
the possibility of a joint planning study.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
unanimously carried, to approve the foregoing suggestion and authorize
the Mayor and City Manager to proceed.
Mayor Thorpe adjourned the meeting to Monday, October 16 at
7:00 p.m. Meeting adjourned at 10:15 p.m.
ATTEST:
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City Clerk
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J F. Thorpe, Mayor of the City
of San Juan Capistrano
OCT 872