73-0312_CC_Minutes_Regular Meeting348 MARCH 12, 1973
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,
James K. Weathers
Councilmen absent: None
Approval of minutes of February 26, 1973 - Regular Meeting.
There being no objections, the minutes were approved as written.
Approval of minutes of March 7, 1973 - Special Meeting.
There being no objections, the motion on page 2 of the minutes
was changed as to wording per City Engineer, and the minutes approved
as revised.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
unanimously carried, to have all -ordinances and resolutions for this
meeting read by title only.
CONSENT CALENDAR MATTERS
1. National Multiple Sclerosis Society - Request to solicit for
funds.
2. Proclamation declaring April 15-22 "National Plumbing Industry"
week.
There were no objections and the foregoing requests approved.
City Manager stated that on February 13 Council approved a request
for the American Cancer Society to solicit for funds, which also in-
cludes an area -wide bike-a-thon thru the northern part of the City.
He outlined the route and requested reaction from Council.
The Council indicated no major objection but would request in the
future that approval be given prior to the establishment of a definite
route.
PUBLIC HEARING
1. Continued hearing on RZ 72-112 - (Zaenglein) - U1 & PH to C2 -A.
Mayor Thorpe declared the public hearing reopened.
Mr. Ed Haworth, Planning Consultant, stated he has reviewed the
original EIR and addendum,together with the Environmental Review Board,
and found said report to be adequate.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to accept the Environmental Impact Report for the
Zaenglein property as adequate.
Mr. Haworth recommended that Council retain the present U1 zoning
and initiate proceedings to rezone the PH portion. He outlined his
reasons therefor.
Mayor Thorpe closed the hearing with right to reopen at anytime.
Mr. Myron Sukut, applicant, stated that due to many changes in the
past months he would have no objection to applying for an LUP for the
U1 property if the City would rezone the PH area.
MAR1219'73
Moved by Councilman Byrnes, seconded by Councilman Weathers, and `'
unanimously carried, to adopt Resolution No. 73-3-12-1, upholding the
foregoing recommendation and denying RZ 72-112, and direct staff to
initiate proceedings for the PH portion of subject property and allow
applicant to apply for a land use permit for the U1 area.
City Engineer displayed the rough grading plan and recommended
approval with the following conditions:
1) No grading to be placed in the flood plain past the line
shown in the Corps of Engineer's letter dated November 27, 1972.
2) That appropriate consideration be made to accommodate a future
traffic circulation system in the area.
It was noted that the traffic circulation study completed by the
City Engineer's office was presented and discussed at a recent Council
work session.
Mr. Sukut addressed the Council and discussed the grading plan,
use of the flood plain and height of slopes.
Following discussion a committee was appointed to study alternative
designs to the grading plan; said committee to consist of Councilman
Gammell, City Engineer, and other City staff deemed appropriate by the
City Manager.
Mayor Thorpe stated this matter would be placed on the next agenda
for final determination.
BIDS, CONTRACTS, AGREEMENTS
1. Agreement with Pacific Telephone Co, for conversion of com-
munication facilities in Camino Capistrano Improvement District.
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.
2. Agreement with Orange County Cable Television Co. for under-
ground work in Camino Capistrano Improvement District.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to approve the foregoing agreement and authorize
the Mayor and City Clerk to execute.
Mr. Fritz Stradling, Legal Counsel for Camino Capistrano Improve-
ment District, presented three resolutions relative to above project
and recommended approval.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 73-3-12-2, Determining
Liquidated Damages for Certain Work in Assessment District No. 1973-1.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 73-3-12-3, Ordering the
Construction of Certain Street Improvements, Appurtenant Work, and
Ordering Posting and Publication of Notice Inviting Bids.
Moved by Councilman Weathers, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 73-3-12-4, Determining the
General Prevailing Rate of Per Diem Wage and the Rate for Legal Holiday
and Overtime Work in connection with Assessment District No. 1973-1.
Mr. Stradling read the foregoing resolutions by title only, and
stated that bids would be received up to 11 a.m. April 25 and presented
to the Council for award of contract on May 14.
- 2 - MAR 121373
i City Engineer recommended that Council adopt a resolution directing
the City Attorney to proceed with condemnation proceedings against the
estate of Ed Fairchild for right-of-way necessary on Camino Capistrano,
specifically for widening and storm drain purposes.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-3-12-5.
Attorney Okazaki read the foregoing resolution by title only.
City Engineer stated that landscaping plans have been completed
for the Long Park area along Camino Capistrano and the proposal for-
warded to the Parks & Recreation Commission and Haworth & Anderson for
their review. It is their recommendation that the trees to be planted
be the "evergreen pear". The Council did not object to proposed specie
but did request a photograph.
3. Agreement with Wyatt Hart for Use of Septic Tank.
Mr. Hart addressed the Council and requested that requirement of
"no more than four persons occupy residence at one time" be deleted
from the agreement.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
carried, to approve the foregoing agreement, as amended above, and
authorize the Mayor and City Clerk to execute. Councilman Chermak
voted noe.
RECESS - 8:45 - 8:52 P.M
SUBDIVISIONS, ANNEXATIONS
1. Tract No. 7273 (Tentative Tract No. 7252) Westport.
City Engineer displayed subject tract map and recommended Council
accept final tract map, authorize execution of public improvement agree-
ment and three-party agreement, and accept off-site right-of-way and
slope easements.
Moved by Councilman Weathers, seconded by Councilman Gammell, and
unanimously carried, to accept the final tract map for Tract No. 7273,
approve public improvement agreements and accept deed for right-of-way
as recommended.
2. Tract No. 7972 (Tentative Tract No. 7626) Edco/Leadership.
City Manager advised that we have received a letter of credit from
Edco in the amount of $18,000 based on current market value for fees in
lieu of land for park dedication.
City Engineer displayed the tentative tract map and proposed
grading plan.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to approve the foregoing grading plan for tentative
tract No. 7626 with the following condition:
Prior to approval of southerly tract units, finish grading plans
showing design of rip-rap along south portion of tract shall be sub-
mitted to City Engineer.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to accept final tract map No. 7972, authorize
execution of public improvement agreement, drainage agreement, and off-
site right-of-way agreement, and City Engineer to withhold recordation
until CC&R'S approval is granted.
COMMUNICATIONS - (Written)
1. San Juan Terrace Homeowners Association - Request for Limited
Use of Four Oaks Park. MAR1 21973
3 -
City Manager stated that Recreation Land Planners have completed
the final bid documents for Phase I of Bonito and Four Oaks Parks and
hopefully will be ready for presentation at the next Council meeting.
Following discussion it was moved by Councilman Weathers, seconded
by Councilman Gammell, and unanimously carried, to table the foregoing
matter to the next meeting.
2. Mr. Hal Peters - Regarding Zone Variance No. 73-1005 for
Tennis Court Fencing.
It was noted that the foregoing item was received after the
deadline in which to submit matters for the Council agenda, and following
discussion, moved by Councilman Byrnes, seconded by Councilman Chermak,
and unanimously carried, to place the foregoing item on the next agenda.
ADMINISTRATIVE
1. Regulations for Use of Council Chambers by Private Citizen
Groups.
During course of consideration minor revisions were made in the
proposed regulations and it was moved by Councilman Weathers, seconded
by Councilman Byrnes, and unanimously carried, to adopt Resolution No.
73-3-12-6, approving regulations for use of Council Chambers by private
citizen groups as amended.
Attorney Okazaki read the foregoing resolution by title only.
2. Proposed Purchase of Glendale Federal Property.
City Manager stated that staff has reviewed the status of the
San Juan Hills Golf and Country Club and found no evidence of its
use and ownership being restricted for the use of nearby residential
development.
Mr. Weidner added that Glendale Federal has indicated a desire to
explore further the possibility of jointly masterplanning the 1700 acres
with them, retaining development rights on selected portions;of the property
in exchange for granting substantial open space ownership to the City in-
cluding the golf course.
Mayor Thorpe stated this could be an item included in the revision
of the General Plan, and if there are no objections, he will take this
matter up with Haworth & Anderson. There were no objections from the
Council.
3. Las Ramblas Interchange - Allocation of Costs.
Following discussion of various possible alternatives, staff was
directed to research the possibility of enacting an assessment district
for the benefiting property owners.
4. Environmental Impact Report - C. Michael.
City Manager advised that an EIR, prepared by Robb & Boyer Co.,
for the C. Michael property has been submitted, but does not conform
to the City's recently instituted EIR procedures, since it was contracted
for prior to the approved list of consultants.
Following discussion it was moved by Councilman Byrnes, seconded
by Councilman Gammell, and unanimously carried, to authorize the
Environmental Board of Revie- to evaluate the foregoing report prepared
by Robb & Boyer Co. and require any supplemental information deemed
necessary.
- 4 - MAR 121913
5. Prima Deacheca Canada Disposal Site.
Mayor Thorpe directed staff to review the four proposed access
routes to the site as proposed by the County Road Department and submit
a recommendation for Council consideration.
PARKS & RECREATION MATTERS
NONE
PLANNING COMMISSION MATTERS
1. RZ 73-102 (Raney) Al to PD. Set Public Hearing Date.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to set public hearing for RZ 73-102 for March
26, 1973.
2. Proposed Ordinance Amending Zoning Ordinance No. 115 -
Density Symbols for Density Limitations. Urgency.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
carried, to adopt Ordinance No. 219. Mayor Thorpe voted noe.
Attorney Okazaki read the foregoing ordinance by title only.
3. Proposed Resolution Directing Staff to Defer Action on Certain
Specific Items until July 2, 1973.
Mayor Thorpe presented the foregoing resolution stating it is
proposed that staff defer the following items until July 2, 1973;
1) Zoning requests, including rezoning or prezoning
2) Annexation requests
3) Tentative tract maps
4) Site plans in commercial districts
5) Land Use Permits
6) Conditional Use Permits
Mr. Thorpe stated the purpose of said resolution is to give the
Planning staff and Commission more time for advanced planning and revision
to the General Plan.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-3=12-7.
Attorney Okazaki read the foregoing resolution by title only.
COMMITTEE REPORTS
NONE
WARRANTS
1. Approval of warrants for period ending March 9, 1973.
City Manager recommended Council approve an additional warrant -
in the amount of $1,850.00 to Public Management Service for recruitment
of a Director of Finance.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to approve warrant numbers 1711 thru 1752, in-
cluding the foregoing, for the total amount of $62,738.35.
COUNCIL REMARKS
1. Councilman Byrnes reported that he has been in contact with
County Library officials and was informed that their department is
trying to upgrade the present facility in San Juan Capistrano.
2. Councilman Gammell requested staff to contact the Sheriff's
Department regarding enforcement of the speed limit on Del Obispo in
the area of the Marco Forster Jr. High School.
3. Councilman Chermak discussed hours of overtime accumulated by
the Planning staff but no action was taken. „
MAR 1u19ld
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4. Mayor Thorpe announced that the City will be host to the 8 5 3
League of California Cities General Meeting on Thursday, March 22nd
6:30 p.m., E1 Adobe Restaurant.
5. Mayor Thorpe stated that the next meeting of the Orange County
Intergovernmental Coordinating Council will be held March 28. He also
requested Council approve payment of $80.84 as the City's share pursuant
to the joint powers agreement.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to approve the foregoing payment of $80.84.
6. Mayor Thorpe reported on a meeting that he & Councilman Byrnes had
with the County Grading Department regarding final review of grading
plans by the Council. Mr. Thorpe directed City Manager to forward
a copy of Council's action on March 7, 1973 to appropriate County
departments.
Mayor Thorpe adjourned the meeting to a personnel session at
11:20 p.m. The meeting reconvened at 11:27 p.m.
1. Appointment to Orange County Health Planning Council.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, to appoint Robert Davies as alternate delegate to
the Orange County Health Planning Council.
2. Appointment to Parks & Recreation Commission.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to rescind the appointment of James Dukette to the
Parks & Recreation Commission and appoint LaVerne Miles.
3. Appointment of City Treasurer.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to rescind the temporary appointment of Wanda
Andersen as acting City Treasurer and appoint Mr. Charles Neal, effective
April 1, 1973.
4. Recruitment of Director of Public Works.
The City Council directed the City Manager to immediately recruit
for a full-time Director of Public Works; applicants are to have a degree
in Civil Engineering, State Registration preferred but not mandatory, and
salary range established at range 39.5.
5. Recruitment of Assistant Planner.
The City Council directed the City Manager to immediately solicit
applications for an Assistant Planner; salary range to be established at
range 26.5 and current job description to be used for requirements.
6. Salary Increase - Associate Planner Dave Smith.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
carried, to increase the salary of Associate Planner Dave Smith to Step
3, Range 30. Councilman Chermak voted noe.
7. Appointment of Acting Director of Planning.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
carried, to approve City Manager's recommendation that Dave Smith be
appointed acting Director of Planning. Councilman Chermak voted noe.
The meeting was adjourned at 1:03 a.m.
or of the City of San 11Uan
ATTEST:_ Pistrano
MAR 1 4 1973
City Clerk _.