73-0122_CC_Minutes_Regular Meeting311
JANUARY 22, 1973
REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:07 p.m. by Mayor James F. Thorpe.
The Pledge of Allegiance was recited. Invocation was given by
Reverend William Davenport of the Capistrano Valley Baptist Church.
Roll Call: Councilmen Present: Roy L. Byrnes, Edward S. Chermak,
Josh Gammell, James F. Thorpe,
James K. Weathers
Councilmen Absent: None
There being no additions or corrections, the minutes of January
8, 1973, were approved as presented.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to have all ordinances and resolutions for this
meeting read by title only.
CONSENT CALENDAR MATTERS
1. Girl Scout Council - Request to conduct annual cookie sale
February 23rd thru March 5, 1973.
2. Proclamation declaring month of January, 1973, as "March of
Dimes" month.
3. Proclamation declaring week of February 5 thru 11, 1973 as
"Scholarship Week" for the Capistrano Unified School District)
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to approve the foregoing consent calendar items.
PUBLIC HEARINGS
1. RZ 72-112 - (Zaenglein) - U1 and PH to C2 -A - 23 acres of land
easterly of the San Diego Freeway.
Mayor Thorpe declared the public hearing open.
No one appeared in favor or in opposition to the rezone.
The hearing was declared closed with right to reopen at anytime.
A memorandum from the Planning Department recommending that subject
rezone be denied was presented.
Moved by Councilman Weathers, seconded by Councilman Byrnes, to
deny RZ 72-112.
Discussion followed which included land use, grading plan, access
to the property and circulation plan.
Mr. Sukut, applicant, entered the meeting and questioned what steps
will have to be taken if the rezone is denied.
Mayor Thorpe advised of the required procedure. 21973
JAN 2
Mr. Sukut also inquired if consideration were being given to a
study establishing a master plan of streets.
Mr. T. J. Meadows, Director of Public Works, replied by stating that
his department would make a study of various traffic and circulation con -
terns and present findings at either the February 13 or 26 Council meeting.
Councilman Byrnes asked the applicant when the grading would be com-
pleted, and Mr. Sukut replied they would commence approximately April 1st
and complete 60 days thereafter.
Following further discussion Councilman Weathers withdrew his motion
with concurrence of the second.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to continue the foregoing hearing to February 13, 1973,
and direct staff to report on traffic and circulation matters related to
the general area of RZ 72-112 at that time.
2. RZ 72-114 (Ross) - U1 to PD - Request that Application for Change
of Zone be Withdrawn.
There were no objections to the foregoing and no action taken.
BIDS, CONTRACTS, AGREEMENTS
1. Agreement with Charles M. Fischer for Waiver of Certain Public
Improvements - DOL 72-111.
City Manager stated that proposed agreement does provide for a waiver
of street improvements until such time of further development in the area,
but does not provide a waiver or postponement for drainage fees or park
dedication, and could be added :if Council so desires.
Following discussion it was moved by Councilman Chermak, seconded by
Councilman Weathers, and unanimously carried, to amend the foregoing agree-
ment to include postponement of drainage fees and park dedication and the
Mayor and City Clerk authorized to execute.
2. Proposal to Participate with SERRA in Phase 1 of San Juan Ocean
Outfall.
A report from the Director of Public Works outlining the foregoing
proposal was presented, and it was recommended that Council approve the
City's participation in Phase 1 of Project Committee No. 5 and authorize
payment of $20,000 to SERRA from the Municipal Sewer Fund.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously -carried, to approve the foregoing recommendation.
ORDINANCES, RESOLUTIONS
tion.
1. Second Reading of Ordinance No. 216 - Prohibiting Sunday Construc-
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31�
Moved by Councilman Weathers, seconded by Councilman Chermak, to
adopt Ordinance No. 216.
Following discussion an amendment was presented which provides
that Subsection (a), Prohibitions, shall not apply to public utilities
performing emergency work.
The amendment was agreeable with the maker of the motion and the
second.
Attorney Okazaki read the foregoing ordinance by title only.
The motion carried with Councilmen Byrnes and Gammell voting noe.
2. Resolution Amending City Classification Plan.
City Manager requested that the following positions be created
and added to the Classification Plan:
a. Construction Inspector -
Range 20 -
$614 - 753
b. Laboratory Technician -
Range 19.5
- $600 -
C. Treatment Plant Operator
- Range 25
- $793 - 975
(Grade II)
A.
d. Treatment Plan Operator
- Range 22
- $680 - 835
(Grade III)
e. Accounting Technician - Range 23 - $715 - 879
f. City Clerk - $860 per month.
Mr. Weidner also stated that foregoing resolution modifies the job
description. for Director of Finance by deleting responsibilities for busi-
ness license enforcement.
Attorney Okazaki read the foregoing resolution by title only.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-1-22-1 amending the City's
Classification Plan.
3. Resolution Amending City's Personnel Rules.
City Manager Weidner stated it is proposed to amend the Personnel
Rules as follows:
a. Change Rule III, Section 3, of Resolution No. 72-3-27-3 to
require written notice 10 days prior to instead of 10 consecutive days in
advance for changes in rules.
b. Change Rule VI, Section 4-g-3 from "Salary anniversary date
shall be the first of the month following eligibility" to "Salary anni-
versary date shall be six months from date of hire".
The foregoing resolution was read by title only.
- 3 - JAN 2 21913
3 4 Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 73-1-22-2 amending City's
Personnel Rules.
4. Proposal Establishing Procedures and Guidelines for EIR's.
Planning Consultant Haworth presented Interim Procedures and Guide-
lines for Environmental Impact Reports and stated it is their opinion
that the regulations will serve to effectively process EIR's until such
time as final guidelines are forthcoming from the Resources Agency in
April, 1973.
Mr. Haworth recommended that Council adopt the foregoing interim
procedures and guidelines by resolution and direct the preparation of an
ordinance which will implement their contents.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 73-1-22-3 approving the
foregoing Interim Procedures and Guidelines for Environmental Impact
Reports.
There being no objections the City Attorney was directed to pre-
pare the necessary ordinance for implementation.
Mayor Thorpe raised the question as to how EIR's will be evaluated
since the dissolvement of the Impact of Development Committee.
Mr. David Smith, Associate Planner, summarized the process, and
City Manager stated it is staff's intent to provide at the next meeting
a list of qualified EIR consultants including estimated costs.
It was also suggested that a resolution be adopted dissolving the
Impact of Development Committee and commending them for their efforts.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
unanimously carried, to adopt Resolution No. 73-1-22-4 dissolving the
City's Impact of Development Committee and commending said Committee for
their efforts.
Mayor Thorpe stated that inasmuch as the EIR for the Zaenglein
property (RZ 72-112) was presented at this meeting, said report should
follow the newly adopted interim procedures and guidelines.
There were no objections from the Council.
5. Resolution exempting certain developments from Hillside
Ordinance.
It was recommended by the Planning staff that Council establish a
policy, by resolution, whereby projects will only be considered for
_ 4 _ UAN 2 21973
le
315
exemption from the Hillside Ordinance upon application by the owner or
agent or by recommendation of the Planning Commission.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to adopt
foregoing recommended policy.
solution No. 73-1-22-5 approving the
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-1-22-6 exempting Tract
No. 8087 (Leadership) and LUP 73-103 (Becton Dickinson) from the Hillside
Ordinance.
The foregoing resolutions were read by title only.
6. Camino Capistrano Improvement District.
Reports from the City Engineer dated January 4 and 16, 1973,
summarizing the entire project was presented and discussed.
Mr. Kubota, City Engineer, stated that estimated total cost is
$1,075.000. They anticipate that Orange County through AHFP will contrib-
ute approximately $180,000. They have requested additional funds from
the County Flood Control District and if approved will be included in their
1973-74 fiscal budget.
Mr. Kubota introduced Mr. Fritz Stradling of Rutan & Tucker, Legal
Counsel for this project, who explained action required by Council in
order to implement proceedings.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to accept the Certificate of Sufficiency declaring
that more than 608 of the property owners in the area have signed the
petition.
Moved by Councilman Gammell, seconded by Councilman Chermak, and
unanimously carried, to adopt Resolution No. 73-1-22-7 approving plans,
specifications, assessment map and cost estimates for Assessment District
No. 1973-1.
The foregoing resolution was read by title only.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-1-22-8 declaring inten-
tion to order construction and setting public hearing date of February
26, 1973.
The foregoing resolution was read by title only.
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JAN 2 21973
3 1 6 Moved by Councilman Gammell, seconded by Councilman. Chermak, and
unanimously carried, to approve the agreement with Rutan s Tucker as
special legal counsel and authorize the Mayor and City Clerk to execute. ;
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-1-22-9 requesting addi-
tional funds from Orange County for Assessment District No. 1973-1.
The foregoing resolution was read by title only.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-1-22-10 declaring and
designating portions of Camino Capistrano as a "No Parking" zone.
The foregoing resolution was read by title only.
Staff was also directed to submit a breakdown of the preliminary
costs involved at the next regular meeting.
RECESS - 8:37 - 8:45 P.
SUBDIVISIONS, ANNEXATIONS
1. Tract No. 8070 (Klug) - Tentative Tract No. 6305 - Ortega Hgwy.
a,. Acceptance of Environmental Impact Report.
A letter dated January 11, 1973 from John Klug, developer, relative
to above, and a report from Planning Consultant Haworth, commenting on
review of EIR, were presented and discussed.
Moved by Councilman Weathers, seconded by Councilman Chermak, to
accept the Environmental Impact Report for Tract No. 8070.
Discussion followed and Mr. Jack Norris of Toupes Engineering
addressed the Council and responded to the comments made by the Planning
Consultant in reviewing the impact report.
Mr. Dennis Paquin of the Impact of Development Committee stated it
was the Impact Committee's opinion that the traffic generated from the number
of units proposed definitely exceeds the design limits of Ortega Highway.
Mr. Kubota, City Engineer, stated that the State Division of High-
ways have indicated that consideration will not be given to improving
Ortega Highway until proof of a definite need.
The motion was voted upon and carried with Councilmen Byrnes and
Gammell voting noe.
b. Approval of Grading Plan.
A report from the City Engineer dated January 4, 1973, relative to
the grading plan was presented.
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Moved by Councilman Gammell, seconded by Mayor Thorpe? and carrie3 I
to disapprove the grading plan for Tract No. 8070. Councilmen Chermak and
Weathers voted noe.
Moved by Councilman Byrnes, seconded by Councilman Gammell, that on
the basis of the EIR, this Council finds that Tract No. 8070, as proposed,
to be significantly detrimental to the environment.
Following further discussion the foregoing motion was voted upon and
carried with Councilman Weathers abstaining and Councilman Chermak voting
noe.
2. Tract No. 5592 - Mission Glen Homes - Application for Off -Site
Drainage Permit from Orange County Flood Control District, (Permit No.
124972).
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to approve the foregoing application and authorize the
City Engineer to execute same on behalf of the City.
COMMUNICATIONS - (Written)
None
COMMUNICATIONS - (Oral)
None
ADMINISTRATIVE
1. Preliminary Verbal Report on Illegal Signs.
Mr. Dave Smith, Associate Planner, reported that approximately 350
signs were inventoried by the County Department of Building S Safety and are
primarily in the Mission Control District. He stated this included 77 build-
ing sites and approximately 114 signs are in violation of the Sign Ordinance.
It was staff's recommendation that existing sign violations not be
abated until appropriate sections of the Zoning Ordinance were updated.
Mr. Smith also suggested that staff develop an amortization and abatement
schedule and modify the necessary section of the Zoning Ordinance.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to authorize staff to proceed as suggested in the fore-
going.
2. Disposition of Federal Revenue Sharing Funds.
City Manager stated that to date the City has received $37,278, which
comprises the majority if not all of the revenue sharing funds due this fiscal
year. Council by law must make a disposition of these funds.
The City Manager presented a list of items said monies could be used
for if the Council so desired.
JAM 2 21973
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3 Discussion followed in which the Council indicated a desire to
improve and widen the Del Obispo bridge over Trabuco Creek.
Reference was also made to the County's revenue sharing funds, and
it was noted that any City or combination of cities who have projects
which could qualify for joint funds by both the City and/or cities and
the County of Orange should submit such proposal to the CAO no later than
February 12, 1973.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to direct staff to establish the City's need for
financial participation from the County for the widening and improvement
of Del Obispo bridge.
It was requested that notification of the above action be forwarded
to City Administrative Officer Bob Thomas..
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 73-1-22-11 requesting the
City be updated on the County's priority list of proposed improvements
from fiscal year 1974-75 to 1973-74.
The Director of Public Works was requested to transmit a copy of
the foregoing resolution to the County Road Department for further proces-
sing.
The foregoing resolution was read by title only.
3. Proposal to Appoint Selected Fiesta Association Personnel as
Deputy City Clerks. <
City Manager reported that during last year's Fiesta functions, the
Association experienced difficulties with hawkers and vendors who operated
without paying a franchise fee or obtaining a City business license.
It was recommended that Association personnel be appointed deputy
city clerks for business license purposes on the day of the parade March
24, 1973.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to approve the foregoing recommendation.
4. Revenue Estimates from Development Fees.
A memorandum dated January 12, 1973, from the City .tanager clari-
fying the projected revenue from development fees as appears in the current
budget was presented for informational purposes only.
It was noted that when the Council reduced the development fees by
Ordinance No. 211, said projected revenue was not decreased in the final
budget.
— 8 — 'JAN 22dui�.
319
PARKS & RECREATION MATTERS
1. Construction Costs for Four Oaks and Bonito Parks.
A report prepared by Planning Consultant Neuhausen listing the
specific work items which the Commission and consultants recommend be
carried out under Phase I was presented.
It was noted that original cost estimates for Phase I would be
reduced $8,030 for Bonito Park (from $23,374 to $15,344) and $14,386
for Four. Oaks Park (from $48,508 to $34,122). Together, the revised costs
for each park under Phase I would total $49,466.
Moved by Councilman Weathers, seconded by Councilman Gammell, and'
unanimously carried, to authorize Recreation Land Planners to develop a
bid package for Phase I based upon the foregoing report.
2. Staff Services for the Parks and Recreation Commission.
As per Council request on December 11, 1972, the firm of Haworth
and Anderson was requested to provide current staff services to the Parks
and Recreation Commission during both the course of the General Plan pro-
gram and on an interim basis until permanent staff support can be estab-
lished.
Mr. Carl Neuhausen, Associate of Haworth and Anderson, has met with
the Commission and it was proposed that twenty hours be allotted each
month by Mr. Neuhausen at the rate of $25.00 per hour.
Following discussion it was moved by Councilman Chermak, seconded
by Councilman Weathers, and unanimously carried, to authorize a maximum of
ten hours per month by Planning Consultant Neuhausen to the Parks and
Recreation Commission on a month-to-month basis.
PLANNING COMMISSION MATTERS
1. Resolution No. 73 -1 -16 -2 -PC - Determination of Use - Denial of
Proposed Car Wash in C -1H District.
The Council took no action, constituting approval of the foregoing.
2. Request for Reconsideration of RZ 72-113 (Raney property).
A letter from'Mr. Coats, developer, requesting a second hearing on
proposed development was presented. The new proposal is to conform with
Council desires relating to density.
Mr. Dave Smith, Associate Planner, recommended that petitioner be
informed that he must refile his prezone application and follow the normal
procedures, including payment of fees.
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320
Following consideration it was moved by Councilman Byrnes, seconded
by Councilman Gammell, and unanimously carried, to waive the filing fee
of $125 on the foregoing prezone providing applicant refiles within sixty
days.
COMMITTEE REPORTS
1. Councilman Chermak reported that the Retirement Committee met
and authorized payment of $1664.02 to Paul Lew, former Finance Director.
2. Mayor Thorpe stated that a meeting has been scheduled for
January 29, 1973 at 8 p.m. at the Marco Forster Jr. High School as part
of the advanced planning program, and invited all citizens interested
to attend. He stated a discussion will be held on the five citizen com-
mittees proposed, and that Mr. Calvin Hamilton, Planning Director of the
City of Los Angeles, will be the speaker.
STAFF REPORTS
Reports were submitted from the following:
City Attorney
City Engineer
wauPnvma
City Treasurer
Director of Public Works
1. Approval of Warrants for Period Ending January 19, 1973.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to approve Warrant Numbers 1538 through 1595 in the
total amount of $148,899.97.
COUNCIL REMARKS
1. Councilman Gammell requested that staff investigate sunken water
meter in the mini -park.
2. Council discussed the upcoming work session to be held February
9, 1973 and agreed to limit said meeting to approximately 2 hours com-
mencing at 6 p.m.
3. Councilman Chermak requested that staff investigate solication
applications to determine if a local 4-H group has requested permission
to sell raffle tickets.
4. Councilman Byrnes presented a letter from the Intergovernmental
Coordinating Council requesting that Council designate a representative
and alternate, and it was moved by Councilman Byrnes, seconded by Council-
man Chermak, and unanimously carried, to appoint Mayor Thorpe as the City's
representative and Vice -Mayor Gammell as the alternate.
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321
5. Councilman Byrnes made reference to the letter received from
Jean Lacouague, Fire Chief of the San Juan Station, addressed to the
Planning Commission, relative to problem areas in administering Fire and
Rescue service within the City, and stated he would hope the Commission
would give this request full consideration.
6. Mayor Thorpe commented on the proposed agreement with Haworth
and Anderson, Planning Consultants, for advanced planning services, and
requested that Council review the agreement prior to the next regular
meeting when it will be considered.
7. Mayor Thorpe suggested that Council adopt a resolution opposing
the action of the Board of Supervisors in allowing certain signs to re-
main in industrial zones.
Moved by Councilman Byrnes, seconded by Councilman Byrnes, seconded
by Councilman Gammell, and unanimously carried, to adopt Resolution No.
73-1-22-12 opposing action of the County Board of Supervisors and re-
questing reconsideration in allowing certain signs to remain in industrial
zones.
Mayor Thorpe adjourned the meeting at 12:02 a.m. to a personnel _
session to review the operations of the City Clerk's Department.
The meeting reconvened at 12:30 a.m. and adjourned immediately to
Friday, February 9, 1973 at 6:00 p.m.
ATTEST:
i/
City Clerk
a es F. Thorpe, Mayorff the
ity of San Juan Capistrano
JAN 2 21973