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72-1226_CC_Minutes_Regular MeetingDECEMBER 26, 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 T. J. Meadows, Director of Public Works. Roll Call: Councilmen Present: Roy L. Byrnes, Edward S. Chermak, Josh Gammell, James F. Thorpe, and James K. Weathers. Councilmen Absent: None Moved by Councilman Weathers, seconded by Councilman Byrnes, and unanimously carried, to approve the minutes of December 11, 1972, as written. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, to have all ordinances and resolutions for this meeting read by title only. CONSENT CALENDAR MATTERS 1. M & F Enterprises, request to solicit for minor auto repairs. Moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried, to deny the foregoing request. PUBLIC HEARING 1. Continued Hearing on RZ 72-111 - (Smith) - U1 to PD. Mayor Thorpe declared the public hearing re -opened. A memorandum from the Impact Committee was presented, recommending to Council that the rezone be accepted since it is consistent with current development in the area. It was also recommended by Committee that the Council be informed that they are concerned with the traffic congestion on Ortega highway and overloading of school facilities due to continued development in this area. Mr. Gerald V. Smith, Applicant, spoke in favor of his request. No one appeared in opposition. Mayor Thorpe closed the hearing with the right to re -open at anytime. Moved by Councilman Byrnes, seconded by Councilman Gammell, and unanimously carried, to introduce Ordinance No. 212, approving RZ 72-111, U1 to PD. Attorney Okazaki read the foregoing ordinance by title only. DEC261972 BIDS, CONTRACTS, AGREEMENTS 2 94L 1. Proposed Agreement with Crestlite, Inc., for year extension on use of rail car loading facility on Los Rios. Moved by Councilman Gammell, seconded by Councilman Chermak, to grant the foregoing request with the understanding that Crestlite shall, by December 31, 1973, cause all of said loading facilities to be removed and shall cease using said location for loading purposes. Mayor Thorpe pointed out that this requirement was clearly stated in the previous agree- ment and therefore he did not favor an extension of the use. Following discussion Councilman Byrnes moved to amend the foregoing motion to require that Crestlite shall provide a bond approved by the City in the sum of $2,000.00 rather than $5,000.00 as is stated in proposed agreement. The amendment was seconded by Councilman Gammell and carried unanimously. The motion to approve the agreement as amended carried with Council- men Thorpe and Weathers voting noe. 2. Refund of Drainage Fees for Drainage Facilities Installed in Tract 7541 and Tract 7760 and Portions of Tentative Tract 7387. City Engineer presented his report and recommended that U. S. - Development Corporation (formerly South Coast Development) be refunded the sum of $13,093.00. Moved by Councilman Byrnes, seconded by Councilman Weathers, and unanimously carried, to approve the foregoing recommendation. ORDINANCES, RESOLUTIONS 1. Proposed Amendment to Ordinance No. 35 (Taxicab Ordinance), and Review of Application for Cab Service. City Manager presented a report relating to insurance requirements for taxicabs in nearby cities and recommended Council amend the taxicab ordinance to require $100,000-$500,000 and $100,000 insurance with excess coverage to $1,000,000. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to approve the City Manager's recommendation and introduce Ordinance No. 213 amending Section 9 of said ordinance relating to bonding and insurance coverage. Attorney Okazaki read the foregoing ordinance by title only. There being no objections, staff was directed to process application of Saddleback Valley Yellow Cab Co. under the provisions of revised ordinance. - 2 - DDC 2 61972 v 6 2. Proposed Amendment to Ordinance No. 115 (Zoning Ordinance) re- lative to Open Space Formula in P -D Zones. Urgency Ordinance. Attorney Okazaki stated the effect of the proposed ordinance is to provide that a total of 408 open space shall be required in P -D Zones. In computing "Open Space" credit shall not be given for building site cover- age, public and/or private streets, driveways, drive approaches, or patios. Following discussion staff was directed to compute the average size of patios in the existing P -D zones in order that Council can determine the total amount of open space. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to approve the proposed amendment and adopt Ordinance No. 214. Attorney Okazaki read the foregoing ordinance by title only. 3. Proposed Amendment to Ordinance No. 115 (Zoning Ordinance) re- lative to Hillside Development Regulations. Urgency Ordinance. Mr. Ed Haworth, Planning Consultant, presented a revised draft of the proposed interim ordinance for consideration. Moved by Councilman Byrnes, seconded by Councilman Gammell, to in- troduce Ordinance No. 215, Hillside Development Regulations. Gerald Gaffney, Vice -Chairman, Planning Commission, stated the Com- mission has reviewed the ordinance & urges that Council adopt as presented. The following persons addressed the Council in opposition to the proposed ordinance and requested further study be given prior to adoption: Mr. John Klug, Developer and Resident Mr. Les Winestein, Attorney representing Glendale Federal Savings & Loan Association Mr. Robert Kendall, representing Leadership Homes, Inc. Mr. Ralph Martin, Engineer representing Glendale Federal Savings & Loan Association Mr. Elmer Christiansen, Civil Engineer Mr. Bob Olsen, addressed the Council and spoke in favor of the pro- posed ordinance. Moved by Councilman Byrnes, seconded by Councilman Weathers, and unanimously carried, to table the foregoing motion to January 8, 1973, in order to hear additional public expression. TEN MINUTE RECESS - a:35 - 8:45 P.M. 4. Proposed Amendment to Ordinance No. 56 (Subdivision Ordinance) to conform to public hearing requirements of Ordinance No. 115. - 3 - DEC 261972 297 Attorney Okazaki stated that proposed ordinance specifies that a subdivider must comply with all applicable City ordinances, including zoning ordinances, incident to subdivision and division of land approval. Moved by Councilman Weathers, seconded by Councilman Byrnes, and unanimously carried, to approve the foregoing amendment and introduce Ordinance No. 215. Attorney Okazaki read the foregoing ordinance by title only. SUBDIVISIONS, ANNEXATIONS 1. Status Report on Current Development in San Juan Capistrano. Mr. Ed Haworth, Planning Consultant, displayed graphic overlays depicting the various divisions of land, tentative tracts and land use permits. He stated the report when completed will include all zone changes. 2. Local Agency Formation Commission - Requesting City respond with its view to proposed Raney Annexation. Moved by Councilman Chermak and seconded by Councilman Gammell, to determine that the proposed Raney Annexation will have no adverse effect on the City. Councilmen Byrnes and Thorpe voted noe. Councilman Weathers abstained. A letter from the Dana Point Citizens for Action Association was presented, expressing opposition to proposed annexation in view of the newly organized cooperative valley effort for joint planning. Mr. Ed Haworth, Planning Consultant, stated he has had informal discussions with Mr.Forest Dickason,Planning Director of Orange County, in an effort to submit to the Board of Supervisors a proposal for additional monies for area wide planning, specifically for this area. Following discussion it was moved by Councilman Byrnes, seconded by Councilman Chermak, and unanimously carried, that this Council express our interest and desire most forcefully to Supervisor Caspers, that he assume the leadership and urge that the County Planning Department pursue the study of a area -wide joint planning study. COMMUNICATIONS 1. San Juan Beautiful - Relative to Trash Receptacles. It was suggested by San Juan Beautiful that the trash container at the entrance to Mission Hills Ranch be removed and relocated under the large tree on Junipero Serra Road. It was also requested that City reset con- tainers in several areas of the City that need cementing, and after this is completed, they will repaint all containers in use. - 4 - DEC261972 T. J. Meadows, Director of Public Works, stated the City has pur- chased two new containers and will place them in the downtown business district in the very near future. There being no objections, staff was directed to communicate further with Mrs. Mitchell of San Juan Beautiful. COMMUNICATIONS - (Oral) 1. Mr. John Klug, Developer, requested that Council consider their Final Tract Map of Tract No. 6742. Moved by Councilman Chermak, seconded by Councilman Weathers, and carried, to consider the foregoing item later in the meeting. Councilman Gammell voted noe. 2. Mr. John Parker, Attorney representing Westport Development Co., addressed the Council and requested that direction be given to the Planning Commission to consider Tentative Tract No. 7616 (Iwata property). He stated that the final tentative map has been available for consideration since November 17, 1972, but they cannot get the item on the agenda due to other priorities. Mr. Ed Haworth, Planning Consultant, suggested he meet with the sub- ject developer and discuss this matter at the earliest possible date. There were no objections from the Council and so ordered. ADMINISTRATIVE 1. Staff Report regarding Request for Pedestrian Crossing - Del Obispo Street - Yvon O. Heckscher. City Engineer presented his report and recommended that there be an attempt to solve the current problem by the utilization of the existing crosswalk. He stated it is possible that when the highway is improved to its full width there may be additional crosswalks warranted depending upon the circumstances at that time in the future. Mr. Kubota was directed to communicate with Mr. Heckscher and the Council took no action on this matter. 2. Request for Authorization to Commence Proceedings regarding Violations of CC& R's, Tract No. 7230, Westport. City Manager Weidner stated that he and the City Attorney are requesting Council authorization to commence a law suit involving specific properties in violation of CC&R's as well as the Capistrano Garden Home Association No. 1. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to approve the foregoing recommendation and that legal - 5 - DEC261972 action be commenced immediately. 299 3. Acquisition of Property in San Juan Creek Flood Plain. City Manager reported that the City per Council direction submitted a bid for the subject property on December 22, 1972, in the amount of $2,381.75 and advised that no other bid was received. The City will receive title to the property in due course. PARKS & RECREATION MATTERS 1. Cost Estimate for Maintenance of Lot "A", Tract No. 7183, (Westport). City Manager presented a proposal from the landscape contractor who now maintains the site for the Homeowners' Association. The estimated cost is $100 per month. Mr. Weidner also recommended that most of the exposed sprinkler heads be replaced with types that drop below grade when not being used in order to reduce the liability exposure. Following discussion, the Director of Public Works was directed to review the landscape proposal and provide Council with an estimate for maintenance by City forces at the next regular meeting. 2. California Parks & Recreation 25th Annual California and Pacific Southwest Conference. A request was presented for authorization and funds for three of the Commission members to attend the above conference at an estimated cost of $350 for the three members. Clare Farrell, Member of the Parks & Recreation Commission, addressed the Council and urged that three Commissioners be permitted to attend the subject conference. Moved by Councilman Byrnes, seconded by Councilman Weathers, and unanimously carried, to authorize three members of the Parks & Recreation Commission to attend the foregoing conference and that $350 be transferred from the City Council Travel & Meeting Expense Account. PLANNING COMMISSION MATTERS 1. Kellogg P. Wells - Requesting Waiver of Conditions No. 1 and 2 - LUP 72-110. Mr. Kellogg P. Wells, requested that conditions be waived until such time as an improvement district is formed or adjacent properties developed. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to direct staff to prepare an agreement for the next regular meeting, waiving Condition No. 2 for a period of one year, subject to approval of a financial guarantee. - 6 - DEC2 6 We X00 Councilman Chermak requested that staff research this original tract because as he recalls when the area was subdivided it was to be used for private commercial parking purposes only. 2. Lange Industries - Regarding Denial by Planning Commission for Off -Site Sign for Viewpointe Homes. Mr. James Barg of the Planning Commission stated their main objection was the prominent location on a natural hillside. Following discussion the Planning Commission was requested to assist the developer in selecting an alternate location. Cover. 3. Robert Doty - Regarding Denial by Planning Commission for Patio Mr. Robert Doty, 26402 Smoketree Lane, stated his plans for a patio cover consist of a solid weatherproof cover, topped with 15 pound felt roofing, a detail rejected by the Commission. He stated he would be willing to finish the roof with any favorable material. On December 12 he was advised that the builder would not develop any more plans for patio covers for the homeowners. Following discussion it was moved by Councilman Gammell, seconded by Councilman Byrnes, and unanimously carried, to refer the foregoing matter back to the Planning Commission for their suggestions. 4. Report from Planning Consultant regarding EIR Procedures and Guidelines. Mr. Haworth, Planning Consultant, stated no official action is required at this time, but he would like the Council to review his report and comment on same prior to the next Council meeting. 5. Approval of Final Tract Map 6742 - (Klug Development Co.). City Engineer Kubota displayed a map of the overall subdivision and answered questions of the Council. Moved by Councilman Byrnes, seconded by Councilman Gammell, and unanimously carried, to accept the easement deed for off-site street, Calle Aspero, and authorize its recordation. Moved by Councilman Gammell, seconded by Councilman Chermak, and unanimously carried, to approve Final Tract Map 6742 as presented and auth- orize the City Clerk to execute. Moved by Councilman Chermak, seconded by Mayor Thorpe, and unani- mously carried, to approve the agreement for construction of all required public improvements in the amount of $299,400.00 and authorize the Mayor and City Clerk to execute. DEC 2 61972 301 Moved by Councilman Chermak, seconded by Councilman weathers, and unanimously carried, to accept the Environmental Impact Report as presented by the Klug Development Co. as adequate and meeting the requirements of the Environmental Quality Act. COMMITTEE REPORTS - NONE STAFF REPORTS Staff Reports were presented from the following: City Engineer Director of Finance City Treasurer Director of Public Works Mr. Haworth reported that he had reviewed the tentative tracts already in process as requested by the Council and found no substantial de- viations which would merit a public hearing. He stated there is a total of eight tracts now in process. Mayor Thorpe requested a list of the subject tracts for the January 8th meeting. Mr. T. J. Meadows, Director of Public Works, recommended Council set a sewer connection charge of $2,925.00 for the building under con- struction on Parcel A of DOL 71-103. Moved by Councilman Chermak, seconded by Councilman Byrnes, and unanimously carried, to approve the foregoing recommendation. WARRANTS 1. Approval of Warrants for Period Ending December 22, 1972. Moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried, to approve Warrant Numbers 1468 through 1512 in the total amount of $159,274.59. COUNCIL REMARKS 1. Mayor Thorpe suggested the discussion on proposed City news- letter be held over to the January 8th meeting. There were no objections and so ordered. 2. Councilman Chermak suggested the Parks & Recreation Commission consider the area between Del Obispo and Mission and Los Rios and the flood control channel for a possible civic center and public park. 3. Councilman Byrnes briefly discussed P -D densities in various City tracts and suggested this matter be discussed further at the next meeting. - 8 - DEC2 61972 302 4. Mayor Thorpe stated he met with many of the Commissioners, Committee members, Planning Consultants and City Manager this afternoon to discuss their relationships with regard to the General Plan, and the future of the Impact Committee. Mr. Thorpe suggested that the Chairmen of the various Commissions and Committees be appointed as representatives to an ad-hoc committee which will meet in the beginning every two weeks with the Mayor, Planning Consultants and City Manager. There were no objections from Council. The meeting was adjourned to a personnel session at 12:10 a.m. The meeting reconvened at 12:37 a.m. The Mayor directed the City Managerto place the topic of Parks,& Recreation vacancies under personnel session at the January 8th meeting. The City Attorney also requested a personnel session for next meeting. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, to have a resolution prepared commending Alice Ross upon her retirement on 12-31-72 for services to the City as City Treasurer. Moved by Councilman Gammell, seconded by Councilman Weathers, to appoint City Clerk Wanda Andersen as interim City Treasurer effective 1-2-73 and subject to her acceptance. The meeting adjourned at 12:40 p.m. ATTEST: J m s F, Thorpe, Mayorlot th e City f San Juan Capistrano DEC2 610.