73-0213_CC_Minutes_Regular Meeting322 FEBRUARY 13, 1973
REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:05 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 r Thorpe,
James K. Weathers
Councilmen absent: None
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to approve the minutes of January 22, 1973, as
presented.
Moved by Councilman Chermak, seconded by Councilman Byrnes, and
unanimously carried, to have all ordinances and resolutions for this
meeting read by title only.
CONSENT CALENDAR MATTERS
1. American Cancer Society - Request to solicit for funds.
2. Cedu Foundation - Request to solicit for funds.
3. Proclamation declaring February, 1973 as "Boy Scout"month.
4. Proclamation declaring March 1 thru April 22 as "Easter Seal"
month.
Moved by Councilman Gammell, seconded by Councilman Chermak, and
unanimously carried, to defer action on consent calendar matter No. 2
and direct staff to obtain additional information relative to nature of
solicitation, if said agency is receiving outside support, and suggesting
fund drive be for a specified time only.
There being no objections, consent calendar items 1, 3 and 4 were
approved as requested.
PUBLIC HEARINGS
1. Continued hearing on RZ 72-112 (Zaerglein) - U1 6 PH to C2 -A.
Mayor Thorpe declared the public hearing open.
T. J. Meadows, Director of Public Works, stated that a report on
the circulation pattern in the subject, area will be forthcoming at the
next regular meeting and suggested hearing be continued to such time.
Mayor Thorpe closed the hearing and continued matter to February
26, 1973.
2. Acceptance of Environmental Impact Reports for Camino
Capistrano and Paseo Adelanto Streets - 1911 Act Improvement District.
Mayor Thorpe declared the public hearing open.
FEB 131973
No one appeared before the Council either in favor or in
opposition to this matter.
Mayor Thorpe declared the public hearing closed.
323
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to accept the Environmental Impact Report for
Camino Capistrano from Ortega Highway to Oso Road and declare as adequate.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to accept the Environmental Impact Report for
Paseo Adelanto Street from Del Obispo Street to a point 1,800 feet south
and declare as adequate.
BIDS, CONTRACTS, AGREEMENTS
1. Agreement with Haworth and Anderson for Advanced Planning
Services.
Consideration of the foregoing agreement was deferred to later
in the meeting.
2. Agreement with Kellogg P. Wells for Waiver of Certain Public
Improvements - LUP 72-110.
City Engineer Kubota stated that agreement provides for deferral
of public improvement requirements for one year. Mr. Wells has executed
said agreement to become effective April 1, 1973 and will provide a
faithful performance bond in the amount of $3,600.00.
Mr. Kellogg P. Wells, applicant, addressed the Council land
I
requested the agreement be for a two year period.
Following discussion it was moved by Councilman Byrnes, seconded
by Councilman Weathers, and unanimously carried, to approve the fore-
going agreement as written and authorize the Mayor and City Clerk to
execute same.
ORDINANCES, RESOLUTIONS
1. First Reading of Ordinance No. 218 - Regulating Merchant
Patrol Systems and Repealing Ordinance No. 92.
Moved by Councilman Gaamell, seconded by Councilman Byrnes, and
unanimously carried, to introduce Ordinance No. 218.
Rates.
Attorney Okazaki read the foregoing ordinance by title only.
2. Resolution Finding and Determining General Prevailing Wage
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-2-13-1.
Attorney Okazaki read the foregoing resolution by title only.
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324 3. Resolution Approving County Purchasing Agreements.
City Manager Weidner stated the City currently purchases all of
its gasoline and xerox paper through a joint purchasing agreement with
Orange County at a considerable saving to the City. The County Pur-
chasing Department has requested a resolution from the Council to con-
tinue this arrangement.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 73-2-13-2 authorizing
cooperative purchasing contracts with the Purchasing Department of the
County of Orange.
Attorney Okazaki read the foregoing resolution by title only.
SUBDIVISIONS. ANNEXATIONS
1. Acceptance of EIR's as recommended by the Environmental
Board of Review.
It was recommended by the Environmental Board of Review that
impact reports for the following projects be considered as adequate and
not subject to the requirements of Resolution No. 73-1-22-3:
Tract 87387 - U. S. Development Co.
Tract 87626 - Edco Co.
Tract 87112 - Klug
LUP 72-121 - Swan Constructors, Inc.
Rz 72-111 - Smith - Mission Glen Homes
It was further recommended for action that"additional environmental
impact report information or reports may be required for the above pro-
jects if there is a significant change in the project or if deemed neces-
sary by issuing agency upon application for future permits."
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 73-2-13-3 accepting the
foregoing environmental impact reports and embodying the recommendation
as stated above. `
Attorney Okazaki read the foregoing resolution by title only.
2. Acceptance of Easement Deed from Capistrano Valley Baptist
Church for dedication of right-of-way for Del Obispo Street - LUP 72-103.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to accept the foregoing deed and authorize the
City Clerk to record same.
3. Annexation Petition - C. Michael - Iwata Properties.
City Manager Weidner stated that LAFCO disapproved the proposed
Pryor Homestead Annexation to the City. Subsequently, C. Michael, Inc.
and Noboru Iwata petitioned LAFCO for permission to annex a portion of
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325
the Pryor Homestead territory to the City. LAFCO approved the request
on December 27, 1972.
Mr. Weidner stated with LAFCO approval, the property owners must
now petition the City for annexation. The subject petition from C. J.
Jones requests annexation according to its legal description of both
the C. Michael and Iwata properties. According to State law Council
must hold a public hearing on the proposed annexation no earlier than
40 nor later than 60 days from the time the petition is received.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 73-2-13-4 accepting petition
of C. Michael, Inc. for the annexation of territory and initiating pro-
cedures therefor.
Attorney Okazaki read the foregoing resolution by title only.
There being no objections, public hearing on the foregoing was
scheduled for March 26, 1973.
4. Raney Prezone - RZ 73-102.
A memorandum was presented from the Planning Department, advising
that Layton Coats, agent, has had complications regarding the processing
of this prezone and has withdrawn his annexation petition from the
Local Agency Formation Commission.
There being no objections, this matter was accepted and filed.
COMMUNICATIONS - (Written)
1. EDCO - Requesting relief from Park Fee Ordinance - Tentative
Tract No. 7626.
Mr. Robert G. Rogers, President of EDCO, addressed the Council and
stated it is their intention to make an irrevocable offer to dedicate
to the City approximately one and one-half acres of land for recreational
purposes. The land shall be improved and maintained by the Homeowner
Association until such time as the City desires to exercise the offer of
dedication. He requested that Council accept the offer of dedication
of land in lieu of the required Park fees.
Moved by Councilman Weathers and seconded by Councilman Gammell,
to deny the foregoing request and require applicant to pay the neces-
sary Park fees.
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3 Mr. Rogers spoke in rebuttal, stating he felt it would be in the
best interest of the City to utilize the land as a park which could be
made public if and when the Council so desired.
Following discussion Councilman Gammell withdrew the second and
the motion died.
There being no objections this matter was deferred to the next
regular meeting and staff directed to determine if subject has been con-
sidered by the Parks & Recreation Commission. It was also requested
that clarification be made of the fencing requirements along Ortega
Highway.
Councilman Chermak suggested that the Parks & Recreation Commissioi
be apprised of the Council's motion adopted November 13, 1972, which
states that "no further development activities, expenditures or accept-
ance of land be authorized for Parks until such time as a definite Park
Development and Maintenance Program is established"
2. Alex Chanaka, et al, (Hafer Building) - Requesting One Hour
Parking Zone.
It was noted that request is for an enabling ordinance to regulate
parking to 1 hour on the private access road fronting on 32210 Camino
Capistrano.
During discussion it was pointed out that the problem arises from
the postal employees using the subject area for parking, and inasmuch
as this is a private matter, it should be discussed with the postal
officials.
Following consideration the foregoing matter was referred to the
Chamber of Commerce for their reaction and/or suggestions. The City
Attorney was also directed to investigate legal status of the private
access road.
3. Ray Johnson - Requesting Traffic Aide at Intersection of
i
Calle-Chueca and Calle Resplendor.
A.memorandum from the City Engineer was presented, stating the
actual situation is that the public street is marked to indicate
a thoroughfare and the motorist that is using the entry to the private
court area must yield to the through traffic of the public street.
He recommended that request be carefully evaluated taking into
account the unique situation involved. The City could accentuate the
center stripe with a broader line to indicate that the through street
movement is through the intersection.
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The Council took no action on the foregoing request.
327
4. Casas Capistrano Association - Requesting Use of Council
Chambers on February 28, 1973 at 8:00 p.m.
It was noted that due to a last minute mix up in reservations, the
above association finds itself with a scheduled annual meeting but no
suitable place to conduct it.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to grant the foregoing request on a one-time only
basis and charge the Casas Capistrano Association a fee of $20.00 for
expenses.
The City Manager was directed to draw up a set of rules and regu-
lations for review by the Council at the next meeting.
TEN MINUTE RECESS - 8:40 - 8:50 P.M.
COMMUNICATIONS -.(Oral)
1. Mr. Robert Maurer of Mission Glen Homes addressed the Council
stating he does not feel that the Development Tax should apply to Tract
No. 5592. Their company applied for permits for 104 lots on August 10,
1972 and the enabling ordinance was not effective until August 28. How-
ever, they were only issued permits on the first 52 lots. He requested
that Council authorize the.County Building and Safety Department to issue
the remaining 52 permits, omitting the tax assessment.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
unanimously carried, that it be the finding of this Council that the
subject lots be exempt from the requirements of Ordinance No. 204 and
the County Building and Safety Department authorized to issue the permits
for said lots.
2. Mrs. Rose Corrigan, resident, addressed Council regarding the
Citizens Policy Plan Program. She stated it is her understanding that
residents outside the City are allowed to participate, to which she
expressed opposition.
Mayor Thorpe explained that persons living outside the City limits
are to be observers only and are not eligible to vote.
ADMINISTRATIVE
1. List of Qualified Consultants for Preparation of EIR's.
A memorandum from Associate Planner Smith was presented, advising
that the list of consultants has been reviewed by the EIR Board and
approval is recommended.
FEB 13 1ji,j
The recommended consultants are:
1) Ernest Reynolds & Associates
2) Ultrasystems
3) Environmental Impact Sciences, Inc.
4) Environmental Impact Reports, Inc.
5) Richard Terry & Associates
6) BRT, Inc.
7) Envista, Inc.
In addition, two (2) special consultants for geological studies:
1) Woodward-MCNiel & Associates
2) F. Beach Leighton & Associates
It was also recommended by staff that VTN of Orange County be
added to the list of recommended consultants.
Mr. Gohara of Community Science Technology addressed the Council
and requested their firm be considered for preparation of EIR's.
Mr. Ed Haworth, Planning Consultant, suggested Mr. Gohara meet
with staff, as additional consultants will be added to the list from time
to time.
Moved by Councilman Byrnes and seconded by Councilman Gammell, to
accept the recommendation of the Environmental Review Board with the
inclusion of VTN of Orange County and that said list be in effect
for a period of six months.
Following discussion Councilman Byrnes withdrew the motion and
Councilman Gammell withdrew his second.
Moved by Councilman Weathers, seconded by Councilman Chermak, and
carried, to accept the list as recommended by the Environmental Review
Board.
2. Cost Breakdown for Camino Capistrano Improvement District.
City Engineer Kubota presented a detailed report of the cost
estimates for subject improvement, and answered numerous questions of
the Council.
The report was for informational purposes only and required no
Council action.
Councilman Byrnes expressed concern regarding the type of street
lights to be installed within the district and requested the City Engineer
meet with him to discuss further prior to the next regular meeting.
3. Sidewalk encroachment at Mission Village Shopping Center.
City Engineer stated that developer and City Architectural Review
Board have agreed upon an ornamental planter along the exterior boundary
of the shopping center parking lot. The planter encroaches upon the
public right-of-way area from up to 6' and restricts the sidewalk area
to an extent unacceptable to their department.
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Mr. Kubota recommended that Council approve the encroachment, 04
to exceed 4.0' into public right-of-way. In addition, that property
owner provide required public liability protection for use of public
right-of-way for their private purpose.
Mr. Mel Tooker, Planning Assistant, stated this matter was before
the Planning Commission and not the Architectural Review Board, and it
was the Commission's feeling that the planter would screen the parking
lot area. The Commission also felt there would not be much pedestrian
traffic, and therefore approved the encroachment.
Moved by Councilman Weathers, seconded by Councilman Chermak, and
unanimously carried, to deny the foregoing request for encroachment
permit.
4. Proposed Demolition of Round House - Camino Capistrano.
A cost estimate to restore the subject building to a "safe for
occupancy condition" was presented, and it was noted that the cost would
be prohibitive, and more expensive to repair than to demolish and build
a new structure.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to demolish the foregoing structure.
5. Auditor Services.
A letter agreement with the Arthur Young & Company, Auditors, was
presented, which provides for services of those functions previously'
performed by the Director of Finance, and will be in effect until such
time as the City replaces said position.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to approve the foregoing agreement and authorize
the Mayor to execute.
PARKS & RECREATION MATTERS
1. Consideration of Name for Westport Lot "A" Park.
It was recommended by the Parks & Recreation Commission that the
name for above park be 1) Vista Park or 2) Oso Rio Park.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to name the Westport Lot "A" Park "Rio Oso" Park.
PLANNING COMMISSION MATTERS
1. Philip Whitener - Requesting Waiver of Certain Public Improve-
ments - BCL 71-101.
City Engineer Kubota displayed the parcel map and stated subject
property is located between the railroad tracks and Camino Capistrano,
and San Juan Creek Road and Mission Village Shopping Center.
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3 ® He stated that applicant is requesting that he be granted per-
mission to record subject parcel map and be allowed to develop Lot 2,
which is adjacent to the river channel, and that the public improve-
ments bea part of the requirement that when he applies for a building
permit for the site he would then construct said improvements.
Mr. Kubota recommended that applicant be required to construct
full improvements on Lot 2, and also provide one additional south bound
driving lane, plus shoulder, for the remaining frontage of the entire
parcel, including the appropriate financial guarantee.
Mr. Philip Whitener, applicant, addressed the Council relative to
his request.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, that requirements be placed upon the foregoing
applicant as recommended by the City Engineer, and that in addition to
the full improvements on the parcel to be developed, applicant provide
one additional driving lane on the west side of Camino Capistrano, plus
shoulder, and that full improvements on the unimproved portion be
waived until future development occurs.
2. Salkin Engineering Co. and Bruce Swartout - Relative to
Waiver of Certain Conditions - DOL 72-110.
City Engineer Kubota presented a memorandum advising that the
Planning Commission has approved the subject Division of Land with cer-
tain conditions, which include the dedication of all rights-of-way for
public improvements and the actual construction of all public improve-
ments, which would include streets, curb and gutter, sidewalk, ornamental
street lights, sanitary sewers, and extensive storm drain facilities.
Salkin Engineering, representing the developer, is requesting that full
improvements be waived at this time with the understanding that all of
said improvements will be constructed as part of the on-site developments
of each parcel.
Mr. Kubota recommended that under no circumstances there be a
waiver of the extensive storm drainage facilities, inasmuch as parcels
2, 3 and 4 are all affected by the facility. In addition, it should be
ascertained whether or not the developer is willing to provide financial
guarantees for the public improvements at the time the parcel map is
approved.
Mr. George Kerns, representing Salkin Engineering Corp., answered
questions of the Council.
FEB I313i-
9 -
Moved by Councilman Byrnes, seconded by Councilman'Weathers, an
unanimously carried, to support the City Engineer's recommendation, and
in addition, require that developer provide a financial guarantee deemed
appropriate by the City Engineer.
A letter from Bruce Swartout of Tustin Land & Cattle Co. was
discussed, regarding Planning Commission requirements relative to drain-
age at the time the parcel map was approved, and whether the City will
require an Environmental Impact Report from the State concerning drainage.
Mr. Kubota stated he has contacted the State regarding their plans
for public improvements but as yet has not had a reply.
The City Attorney was requested to determine whether or not the
City can legally require an EIR from the State.
Mr. Kubota stated he would respond to Mr. Swartout's letter re-
garding the drainage.
3. Review of LUP 73-103 - (Becton -Dickinson).
A. Approval of Grading Plan.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to approve the foregoing grading plan, per City
Engineer's comments.
B. Sewer Fees.
It was requested -by Becton -Dickinson that the sewer connection
fees and assessment district fees for their new plant be established in the
same manner as they were in 1970.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 73-2-13-5 approving sewer
connection fees for Becton -Dickinson development; said fees to conform
with fees established June 8, 1970.
C. Drainage Fees.
It was further requested by Becton -Dickinson that the drainage
fees in the amount of $595.00 per acre be paid incrementally in two
phases as they develop the land.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
unanimously carried, to adopt Resolution No. 73-2-13-6 allowing the
Becton -Dickinson Co. to pay drainage fees incrementally in two phases.
City Engineer Kubota commented on the proposed grading plan,
stating
said plan has
not yet
been
submitted
nor approved by the
County
Grading
Department.
He also
stated
there are
other conditions of
approval
that must be met by developer.
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;3�,
COMMITTEE REPORTS
NONE
WARRANTS
1. Approval of Warrants for Period Ending February 9, 1973
Moved by Councilman Chermak, seconded by Councilman Byrnes, and
unanimously carried, to approve Warrant Numbers 1596 thru 1649 in the
amount of $75,233.11, and in addition, payment of $4,341.10 to Edward
Haworth and $20,000 to SERRA.
COUNCIL REMARKS
1. Mayor Thorpe requested the Council consider the Agreement
with Haworth & Anderson at this time.
It was noted that agreement was discussed at the Council's prior
work session and minor modifications were recommended.
Following discussion it was moved by Councilman Byrnes, seconded
by Councilman Weathers, and unanimously carried, to approve the fore-
going agreement, as modified, and authorize the Mayor and City Clerk to
execute.
2. Councilman Chermak made reference to the Citizens' Policy Plan
Committees,indicating he would hope that staff assistance, and expendi-
tures, be kept at a minimum.
3. Councilman Byrnes reminded staff that the hillside ordinance
is only temporary and he would hope that study is being given to a
permanent ordinance.
4. Mayor Thorpe stated that the agreement with Haworth & Anderson
requires designation of a person who is a representative of the City
deal with their firm directly in all matters pertaining to the advanced
planning program, and recommended Council make such designation.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to appoint the City Manager as the City's official
representative, and the City Clerk to assist in coordinating the various
policy plan committees.
5. Mayor Thorpe stated the next meeting of the Intergovernmental
Coordinating Council is February 28, 1973 at 7:30 p.m. in the City of
Orange.
6. Mayor Thorpe stated he attended a recent meeting of the S�_.dllb-
back Area Coordinating Council in which numerous subjects were discussed
FEB 131973
333
and which he feels the Council should consider at a future date, such as:
1) establishment of a sphere of influence, and 2) area -wide planning.
Mayor Thorpe adjourned the meeting to a personnel session at
11:37 p.m.
The meeting reconvened at 1:15 a.m. and adjourned to work session
Thursday, February 22, 1973 at 7:00 p.m.
ATTEST:
City clerk
am s F. Thorpe, Mayor of the
i of San Juan Capistrano
FEBi3
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