73-0409_CC_Minutes_Regular Meeting36
APRIL 9, 1973
REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
A 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,
James F. Thorpe
Councilmen absent: None
Approval of Minutes of April 2, 1973 - Adjourned Meeting.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to approve the minutes of April 2, 1973, as presented.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to have all ordinances and resolutions for this
meeting read by title only.
CONSENT CALENDAR MATTERS - NONE
SPECIAL PRESENTATIONS
1. Plans for Ortega Highway Improvements.
Mr. Wallace Knudsen, Senior Engineer with the State Division of High-
ways, explained the proposed widening and alignment of Ortega Highway from
Route 5 to the City limits. He stated at present this project is pro-
grammed for the fiscal year 1976-77 but if the City could acquire all the
necessary right-of-way by July, 1974, there is a good chance the project
could be moved to 1975-76 fiscal year.
Mr. Murray Storm, Assistant Road Commissioner with the Orange County
Road Department, stated this project will be funded solely by the State
Division of Highways. Their department is in full support of the project
and looks favorably upon the proposed improvements.
Mr. Storm also discussed the proposed access routes to the Prima
Deshecha Disposal Site and stated that due to economics their office would
recommend the LaPata route.
There being no objections, the City Engineer was requested to pursue
this matter on a technical level and submit a report as to what is in-
volved in acquiring the necessary right-of-way.
2. Financial Statement for 1971-72 - Prepared by Arthur Young & Co.
Mayor Thorpe stated if the Council had questions and wished to discuss
the financial statement in detail, arrangements could be made to have a
representative at a future meeting. APR 91Q%J
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3. Plans and Specifications for Landscape Construction at Bonito
and Four Oaks Parks.
City Manager stated that representatives of Recreation Land Planners
would appear later in the meeting to make this presentation.
PUBLIC HEARING
1. Weed Abatement Program for 1973.
Mayor Thorpe declared the public hearing open.
Mr. Robert A. Ross, representing parcel numbers 666-012-14, 15, 16
and 17, advised that he is clearing his own weeds and therefore requested }
that subject properties be deleted from the weed abatement list. He
further requested that in the future the City obtain permission prior to
trespassing upon his properties.
Mayor Thorpe closed the public hearing.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 73-4-9-1, Ordering Removal of
Weeds, Rubbish, Refuse and Dirt and Authorizing Invitation for Sealed Bids,
(May 10, 1973 - 11:00 A.M.)
Attorney Okazaki read the foregoing resolution by title only.
BIDS, CONTRACTS, AGREEMENTS
1. Renewal of Agreement with County for Animal Control Services.
City Manager stated that subject agreement renews the existing animal
control services contract to 1978.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to approve the foregoing agreement as presented and
authorize the Mayor and City Clerk to execute.
2. Approval of Agreements with SERRA for Acquisition of Water
Quality Control Facility and Lease of Dana Point Ocean Outfall.
There being no objections the agreements were carried over to the
April 23 meeting.
ORDINANCES, RESOLUTIONS
1. Second Reading of Ordinance No. 220 - Approving the C. Michael-
Iwata Annexation.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
carried, to adopt Ordinance No. 220. Mayor Thorpe voted noe.
Attorney Okazaki read the foregoing ordinance by title only.
2. Second Reading of Ordinance No. 221 - Approving RZ 73-102 -
Al to PD (5.5) - Raney.
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Moved by Councilman Gammell, seconded by Councilman Weathers, an 6
carried, to adopt Ordinance No. 221. Councilman Byrnes and Mayor Thorpe
voted noe.
Attorney Okazaki read the foregoing ordinance by title only.
3. Second Reading of Ordinance No. 222 - Changing Dates of Council
Meetings to the 1st, 2nd and 4th Mondays of each month.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to adopt Ordinance No. 222.
4. Proposed Refuse Ordinance and Agreement with Truman Smith Disposal
Company.
City Manager briefly outlined the contents of the proposed ordinance
and agreement and explained recent changes subsequent to the typing of the
documents.
The City Attorney was requested to make the necessary modifications
in the ordinance, and it was moved by Councilman Byrnes, seconded by
Councilman Weathers, and unanimously carried, to introduce Ordinance No.
223.
Attorney Okazaki read the foregoing ordinance by title only.
The subject agreement was carried over to the April 23 meeting.
5. Proposed Resolution regarding Moratorium on Applications for
Federal Housing Programs (Local Union No. 1648 - United Brotherhood of
Carpenters and Joiners of America).
No Council action was taken on this item.
6. Proposed Resolution Placing Tentative Tracts on Council Consent
Calendar.
Mayor Thorpe stated he would also like included in the resolution
all planning matters approved by the Commission but not requiring specific
Council action, such as divisions of land, land use permits and extensions,
determinations of use, etc.
Following discussion this item was carried over to the April 23 meet-
ing and the City Attorney was requested to work with the Planning staff
in revising the resolution.
SUBDIVISIONS, ANNEXATIONS
1. Grading Plan for Tract No. 7112 - Pacesetter Homes (West side of
Del Obispo Street).
Acting Director of Planning reported that the subject grading plan
was reviewed by the Environmental Review Board.
APR 91973
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02 It was noted that this project does not fall under the requirements
of the Hillside Ordinance in that less than 178 of the area is of a slope
of 108 or greater.
The City Engineer explained the grading plan and stated there will be
an area of the site which will have pad elevation differentials in excess
of 30 feet, but the maximum elevation differential will be 34 feet from pad
to pad. He further stated there will be fill banks of 20 to 24 feet along
the easterly and northerly boundaries.
It was also pointed out that the Environmental Review Board, in their
letter of release, will direct that upon completion of rough grading, that
erosion controls agreeable to the grading division be implemented.
The Council took no action, constituting no objection to the pro-
posed grading plan.
RECESS - 8:32 - 8:40 P.M.
2. Grading Plan for Zaenglein Property (Sukut).
City Manager stated in connection with Council's review and possible
action on proposed grading operation, Section 5.01.2 (I) of the Zoning
ordinance requires a land use permit for this activity. The only exception
to this requirement is that it may be "waived by the City Council when
geological and/or topographical conditions warrant the waiver."
A letter from the County Flood Control District dated April 4, 1973,
and from the Corps of Engineers, dated April 9, 1973, relative to their
review of the grading plan, were presented and discussed.
Mr. Myron Sukut, Developer, addressed the Council and indicated that
time is of the essence. He urged the Council to approve the grading plan
as presented.
Following discussion it was moved by Councilman Weathers, seconded
by Councilman Gammell, and carried, to waive the requirement of a land use
permit for the subject property and approve the grading plan as presented.
Mayor Thorpe voted noe.
COMMUNICATIONS - (Written)
1. Becton -Dickinson Company - Landscape Plans.
Mayor Thorpe directed this item be placed on the April 23 agenda.
2. Capistrano Unified School District - Regarding Surplus School
Site Property.
Mayor Thorpe stated that the school district is requesting a response
as to whether the City is interested in purchasing this property, which
is within the City limits and surrounded by San Clemente.
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Moved by Councilman Byrnes, seconded by Counci"nan Chermak, and
unanimously carried, that the Capistrano Unified School District be noti-
fied that the City has no interest in purchasing the foregoing property.
COMMUNICATIONS - (Oral)
1. Chamber of Commerce - Cinco de Mayo Celebration - May 5, 1973.
Michael Darnold, representing the Chamber of Commerce, outlined .the
schedule of events and relating factors. He stated they will need to
advance some monies for this program and are requesting the City to under-
write expenses in the amount of $3,075.00 per the enclosed budget.
It was also requested that Council issue a franchise covering the
period beginning Monday, April 30 thru Sunday May 6.
Mr.Darnold further stated that they would like Council's permission
to conduct a Charro Breakfast on Wednesday, April 18 from 7 a.m. to 10
a.m. This will be done primarily for publicity purposes for the Cinco
de Mayo celebration.
Following discussion it was moved by Councilman Gammell, seconded by
Councilman Weathers, and unanimously carried, to approve the Cinco de Mayo
celebration as presented, and advance the Chamber of Commerce the amount
of $3,075.00; said amount to be considered against the next fiscal year
budget allocation.
The Council also requested that the Chamber submit a cost summary.
following this event.
The City Manager was directed to work with the Chamber in preparing
the proposed franchise agreement.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to grant permission to the Chamber of Commerce to
conduct a Charro Breakfast on April 18 as requested.
ADMINISTRATIVE
1. Amending Classification & Salary Plan - (Secretary II's & Admini-
strative Secretary).
City Manager outlined the proposed additions and amendments to the
Classification and Salary Plan as follows:
a) Addition of job description
Administrative Secretary - Range 20.5 - $630 - $773
b) Salary range Change -
Secretary II - From Range 18.5 to Range 19.5 - $600 - $734
c) Reclassification of Ann Kiddell from Secretary II to
Administrative Secretary.
Mr. Weidner recommended that Council adopt the above by resolution.
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Moved by Councilman Byrnes, seconded by Councilman Weathers, and
carried, to adopt Resolution No. 73-4-9-2, Amending the City's Classifica-
tion and Salary Plan; said amendments to be effective as of February 1,
1973. Councilman Chermak voted noe.
Attorney Okazaki read the foregoing resolution by title only.
2. San Juan Hills Golf Course Property.
City Manager stated it is his understanding that Glendale Federal.has
a prospectivebuyerfor their 1700 acres of land, including the golf
course. The prospective purchaser would like to know if the City is still
interested in the golf course property, and if so, they would request a
letter to this effect. `
During course of discussion Councilman Weathers was appointed to meet
with the City Manager and other appropriate parties to follow thru on this
matter, and the City Manager was directed to notify Glendale Federal of
the Council's general continuing interest in the subject property, but
that further information is desirable.
PARK & RECREATION MATTERS
1. Park Fees for Tentative Tract No. 7616 - (Westport).
It was recommended by the Parks & Recreation Commission that Council
accept 1/2 fees and 1/2 credit for private open space.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to accept fees in lieu of park dedication for Tract
No. 7616.
2. Master Street Tree Plan Proposals.
Mr. Carl Neuhausen of Haworth & Anderson stated that two bid proposals
were presented to the Commission for study and decision, and it was their
recommendation that Council accept the proposal of Recreation Land Planners.
He explained the process in soliciting the proposals, stating it was done �I
on a selective basis and that three firms were contacted. He stated that
another proposal will be forthcoming and should be considered along with
the other bids.
Mayor Thorpe indicated that any additional proposals received should
be forwarded to the Commission for their review.
There being no objections, this matter was placed on the next agenda.
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3. Evaluation of Various Access Routes to Prima Deshecha Disposal
It was recommended by the Commission that Council approve the La Novia
entrance to the proposed disposal site, as it would open future access to
hillside areas and development.
It was indicated by Council to have further discussion on this item
and therefore it was carried over to the April 23 meeting.
4. City Recreation Program.
No action was taken on this item.
.PLANNING COMMISSION MATTERS
1. Thomas Reeder - Requesting Exemption from Resolution No. 73-3-12-7,
Deferral on Planning & Zoning Requests.
Mr. Reeder addressed the Council and requested he be given permission
to apply for a land use permit for the making of top soil.
Moved by Councilman Weathers, seconded by Councilman Gammell, to
grant the foregoing request and exempt applicant from Resolution No. 73-
3-12-7.
Acting Director of Planning explained, as requested, the work required
by staff in processing the land use permit, and following further considera-
tion the motion LOST by a 5-0 vote.
6. Report on EIR Guidelines.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to approve Resolution No. 73-4-9-3, Adopting Guidelines
for the Acceptance, Evaluation and Processing of Environmental Impact
Reports as prepared by Haworth & Anderson and dated April 5, 1973.
Attorney Okazaki read the foregoing resolution by title only.
7. Set Public Hearing Date on RZ 73-103 - PH to U1 - City of San Juan
Capistrano.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
unanimously carried, to set public hearing on the foregoing for May 7, 1973.
2. Acceptance of EIR for C. Michael Property, Tract No. 5657.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to defer the foregoing item to the Environmental
Review Board..
3. Solag Disposal Co. - Requesting Waiver of Public Improvements -
LUP 71-102, (31731 Los Rios Street).
The City Engineer recommended he meet the developer to discuss this
request further as he feels that some improvements should be made, but
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there is a possibility that not all of the requirements imposed by the
Planning Commission are necessary at this time.
Mr. Thomas Trulis, Owner, addressed the Council and requested that
improvements be waived until the entire street is improved with the stip-
ulation that if and when the street is improved, he will contribute his
equal share of the cost..
There being no objections, the City Engineer was directed to pursue
this matter further as recommended.
4. Pr4osed Contract with Haworth & Anderson for Advanced Planning
Program.
Mayor Thorpe stated it is his intention to execute the subject
agreement if there are no objections from Council. There were no objec-
tions.
5. Proposed Changes in Tract 6305 (Klug), and Request for Deviation
from Ordinance No. 217 (Hillside Ordinance)..
There being no objections, this item was carried over to the April
23 meeting.
B. Request from Planning Commission to Initiate Traffic Study in the
Mission Control District.
There being no objections, this item was carried over to the April
23 meeting.
COMMITTEE REPORTS - NONE
WARRANTS
1. Approval of Warrants for Period Ending April 6, 1973.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to approve warrant numbers 1801 thru 1833 for the
total amount of $28,354.02, and an additional warrantpayable to Haworth
& Anderson in the amount of $2,924.59.
COUNCIL REMARKS.- NONE
Mayor Thorpe adjourned the meeting at 10:00 p.m.
ATTEST:
Jaes F. Thorpe, May o t
Ci y of San Juan Capistrano
APR 91973
City Clerk