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72-1024_CC_Minutes_Adjourned Regular Meeting5 F) OCTOBER 24, 1972 ADJOURNED REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO The adjourned 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 T. J. Meadows, Director of Public Works. 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 October 9, 16 and 23, 1972, were approved as written. 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. Boy Scout Troop No. 12 of San Juan Capistrano, Request to solicit Christmas decorations during last week of October, 1972, from 9:00 a.m. to 9:00 p.m. Moved by Councilman Byrnes, seconded by Councilman Gammell, and unanimously carried, to grant the foregoing request. Councilman Chermak requested the City Attorney investigate the legal ramifications with regard to using underage children for solicita- tion purposes, both in profit and non-profit organizations. PUBLIC HEARINGS 1. Proposed Ordinance Amending Zoning Ordinance No. 115 with regard to RP, Cl and C2 Zones. Assistant Planner Tooker explained that the proposed amendment provides a better method of control for development in the professional and commercial districts not subject to the provisions of the Mission Control District. Mayor Thorpe declared the public hearing open and requested those wishing to address the Council to please come forward. There was no response and the hearing closed immediately. During discussion among the Council it was agreed to eliminate "Amusement Resorts" from Section 4.17.1 (Permitted Uses), and to delete the definition entirely from the ordinance. OCT 241972 25( The Council also discussed "Arts & Crafts" listed under Conditional Uses" but took no official action. Moved by Councilman Byrnes, seconded by Councilman Weathers, and unanimously carried, to introduce Ordinance No. 209. Attorney Okazaki read the foregoing ordinance by title only. 2. Resolution No. 72 -10 -17 -2 -PC - Requesting Council schedule public hearing on RZ 72-111 (Mission Glen Homes). Moved by Councilman Gammell, seconded by Councilman Chermak, and unanimously carried, to set public hearing on the foregoing for November 13, 1972. BIDS, CONTRACTS, AGREEMENTS 1. Agreement with State Department of Finance regarding New Certification of Population. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, to authorize the Mayor and City Clerk to execute the foregoing agreement. Roll Call Vote as follows: AYES: COUNCILMEN: Byrnes, Chermak, Gammell, Thorpe, Weathers NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 2. Lallovia Bridge Condemnation Action (Glendale Federal Savings and Loan Association). Moved by Councilman Chermak, seconded by Councilman Byrnes, and unanimously carried, to adopt Resolution No. 72-10-24-1, approving offer to settle for the necessary right-of-way in the amount of $30,860.00. Roll Call Vote as follows: AYES: COUNCILMEN: Byrnes, Chermak, Gammell, Thorpe, Weathers NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 3. Lallovia Avenue Bridge Right -of -Way Settlement. (Romarco Realty). Moved by Councilman Byrnes, seconded by Councilman Chermak, and unanimously carried, to accept offer of settlement in the amount of $650.00 and authorize the City Clerk to accept the grant deed and record same. 4. Change Order No. 5 - Weardco Construction Company. It was noted that said Change Order is forpump station equipment plus other minor changes that will expand capacity of water quality control facility. - 2 - OCT241972 2 6 O Moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, to approve the foregoing Change Order in the amount of $76,652 and authorize the Director of Public Works to execute on behalf of the City. 5. Christiansen & Associates - Waiver,of Public Improvements - DOL 72-107. The foregoing item was carried over to the November 13 meeting. ORDINANCES, RESOLUTIONS 1. Requests for Reconsideration of Ordinance No. 204 - Development Fee Schedule. A letter from the First Commercial Corporation in San Juan Capistrano and a Petition signed by thirteen residents and land owners, requesting repeal of Ordinance No. 204, were submitted for consideration. Mr. William L. Aldrich of Aldrich & Associates, Newport Beach, representing various builders in the area, addressed the Council and urgently requested reconsideration of the subject ordinance. He dis- played charts in support of his statements, showing comparative fees of selected cities. He also stated that a complete study was made of.this matter by the Economic Services Co., using a League of California Cities formula. Following discussion this item was carried over to the next meeting and Mr. Aldrich was requested to forward copies of the above study. 2.. Proposed Ordinance Revising Development Fee Schedule. In view of the foregoing action, this item was also carried over to the next meeting. 3. Resolution'relating to Fee Schedule for Duplication of Council packet. Moved by Councilman Byrnes, seconded by Councilman Gammell, and I unanimously carried, to adopt Resolution No. 72-10-24-2, establishing procedure and fee schedule upon request for Council packet, and amending Resolution No. 71-8-23-2. Attorney Okazaki read the foregoing resolution by title only. 4. Resolution Adopting Revised Salary Schedule. Moved by Councilman Byrnes, seconded by Councilman Weathers, and unanimously carried, to adopt Resolution No. 72-10-24-3, approving revised salary schedule. Attorney Okazaki read the foregoing resolution by title only. - 3 - OCT 241972 5. Resolution Establishing Council's Intent to Retain Firm of Fr/I (� 6 Haworth & Anderson, Planning Consultants. Moved by Councilman Weathers, seconded by Councilman Byrnes, and unanimously carried, to adopt Resolution No. 72-10-24-4, establishing Council's intent to retain the firm of Haworth & Anderson to provide services in the field of current and advanced planning. Mayor Thorpe read the foregoing resolution by title only and outlined its contents, and the City Attorney was directed to prepare a long-term agreement for final approval at the next meeting. The Mayor and City Clerk were also authorized to execute a contract immediately for current planning. 6. Resolution Releasing First American Title Insurance Company from Liability with regard to Tract Nos. 7191 and 7230 (Westport). Moved by Councilman Chermak, seconded by Councilman Byrnes, and unanimously carried, to adopt Resolution No. 72-10-24-5, releasing First American Title Insurance Co. from liability pursuant to exoneration of three -party agreement executed in connection with Tract Nos. 7191 and 7230. Attorney Okazaki read the foregoing resolution by title only. SUBDIVISIONS, ANNEXATIONS 1. Acceptance of Grant Deed for LaZanja St. Extension - Tract 7194. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, to accept the foregoing deed and authorize the City Clerk to record same. COMMUNICATIONS - (Written) 1. R.C. Electric - Lighting of Capistrano Tennis Courts. It was noted that estimated cost for above would be $12,800, not including costs for new electrical power and meter facilities. City Manager reported that due to a recent PUC ruling, energy costs are now 118 higher than originally estimated. Following discussion this item was taken under consideration for further study and referred to the Parks & Recreation Commission for report and recommendation. COMMUNICATIONS - (Oral) 1. Mr. Lionel Burt addressed the Council with regard to establishing a recycling center in the City. He stated he is seeking a new location and suggested the property adjacent and to the rear of City Hall. He briefly discussed the operation involved. OCT 241974 - 9 - Moved by Councilman Byrnes, seconded by Councilman Weathers, and unanimously carried, to direct staff to pursue this matter further and submit a report at the next meeting as to the proposed operation, approxi- mate tonnage per week, number of employees, size of area needed, legal ramifications, and any other additional information pertinent to this subject. TEN MINUTE RECESS - 8:25 P.M. - 8:35 P.M. ADMINISTRATIVE 1. Staff Report regarding Proposed Agreement with Orange County Transit District for Future Bus Service. A report from the City Engineer on this subject was presented and discussed, and it was recommended that staff meet with representatives of the District in order to become more informed as to the overall goals and needs of the District. Following consideration Councilman Chermak was appointed to meet with the City Attorney & City Engineer to draft an alternate agreement to sui City's needs; to be transmitted to the District for their response upon approval of the Council. PARKS & RECREATION MATTERS 1. Serra Park (Westport). A report from the Chairman of the Parks & Recreation Commission was presented, advising that Westport has ended up with an excess of approximately 15,000 cubic yards of dirt. Discussion at the last Com- mission meeting lead to the recommendation of accepting the excess dirt if Westport would hydroseed the area at no charge to the City. City Manager recommended this matter be referred to City Engineer for report and recommendation. There were no objections and so ordered. PLANNING COMMISSION MATTERS 1. Report on Joint Planning Meeting with Capistrano Valley Organizations. City Manager outlined his report, advising that he has contacted various community and governmental organizations in the Capistrano Valley concerning the desirability of a joint planning program for the area and in most cases has received a favorable response. Moved by Councilman Byrnes, seconded by Councilman Weathers, and unanimously carried, that it be the policy of this Council to pursue joint exploratory meetings with the organizations as recommended by the City Manager in his report. - 5 - OCT 2 41972 The Council set a tentative meeting date of November 6th with 2 6 8 November 8th as an alternate. COMMITTEE REPORTS Study. 1. Request from Impact Committee for Clarification on Areas of City Manager stated it is the Committee's understanding that the language used in Resolution No. 72-8-14-5 technically restricts its purview to the impact on housing and would like clarification from the Council. The City Manager was instructed to convey to the Committee that it is the Council's intent that the area of study include all changes in land use and not limited to housing influences only. It was also noted that Dr. Leslie K. Campbell has resigned from the Committee due to conlifcting schedules. The Council took no action at this time. 1. Approval of Warrants for period ending October 20, 1972. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to approve warrant nos. 1282 through 1326 in the total amount of $271,087.69. STAFF REPORTS Reports from the following departments were presented: City Engineer, City Treasurer, Director of Finance and Director of Public Works. Councilman Byrnes requested that the report of the Director of Finance in the future be more germane to matters which need to be reported. Director of Public Works recommended that Council set the sewer connection fee of $3,375 for the Capistrano Inn now under construction. Moved by Councilman Chermak, seconded by Councilman Byrnes, and unanimously carried, to approve the foregoing recommendation. Director of Public Works recommended that Council authorize their department to contract with the Water District for the installation of a 5/8 x 3/4" water service for the Mini -Park. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, to approve the foregoing recommendation. - 6 OCT 24197Z z O NCIL REMARKS Councilman Weathers suggested consideration be given to placing a "time certain" attachment to future rezones. He also requested the City Attorney to investigate this subject as to other cities taking action in the same regard. Councilman Weathers suggested the Council convey its desire to San Diego Gas & Electric Co. to utilize their right of way property for bicycle, equestrian and hiking trails. City Manager reported that staff has met with representatives of San Diego Gas & Electric Co. on this matter and will forward what informa- tion he has to the Council. Councilman Chermak requested a status report on the construction access on San Juan Creek Road to the development owned by Glendale Federal Savings & Loan Association which was completed some time ago. Councilman Chermak commented on two recent newspaper articles involving the City which he felt were "untruthful" and requested the news - media to thoroughly investigate their subjects before printing. Councilman Byrnes stated he was in agreement with Councilman Weather's remarks concerning a "time certain" attachment to rezones, and also suggested that Council consider the concept of linking rezones to an actual tentative land use. Following discussion it was moved by Councilman Byrnes, seconded by Councilman Weathers, and LOST, to refer the concept of linking rezones to an actual tentative land use to the Planning Department for study and report. Councilmen Byrnes and.Weathers voted aye. Councilmen Chermak, Gammel and Thorpe voted noe. Councilman Byrnes requested that staff further investigate the flashing sign of the Mission Motel. Councilman Byrnes made reference to requests by the Council for staff investigation on various matters and suggested in the future that all Councilmen be so advised of staff's findings. Councilman Byrnes responded critically to a letter from William Hicks, representing the Citizens for Action Committee, submitted to the City Clerk during the recess and forwarded to the Council. Mayor Thorpe instructed the City Clerk in the future to not accept communications in this manner. lie reiterated Council's policy of re- quiring agenda items for their consideration to be submitted six working days prior to the Council meeting. OCT 241972 - 7 - The Mayor also stated Council viewed the agenda category "Oral Communications" reserved for public requests of a specific nature and that constructive alternatives to any problems presented would be required. Mayor Thorpe requested that staff investigate the pile of chicken manure on the Goya property off of Ganado Drive. Following discussion with regard to the proposed Pryor Homestead Annexation, it was moved by Councilman Byrnes, seconded by Mayor Thorpe, and LOST, to withdraw the Pryor Homestead Annexation filed with the Local Agency Formation Commission and limit our request to only the C. Michael and Iwata properties. Councilmen Byrnes and Thorpe voted Aye. Councilmen Chermak, Gammell and Weathers voted noe. The meeting adjourned at 10:02 p.m. C J m F. Thorpe, Mayor f the of San Juan Capistrano ATTEST: %ate%�� - •/ /%//' 'r'`-' City Clerk i OCT 241972 - 8 -