Loading...
73-0423_CC_Minutes_Regular MeetingAPRIL 23, 1973 REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO 373 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 9, 1973. There being no corrections or additions, the minutes of April 9, 1973, were approved 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. REORGANIZATION OF CITY COUNCIL 1. Election of Mayor and Mayor Pro Tem. Mayor Thorpe relinquished the gavel to the City Clerk and nominations were open for the office of Mayor. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, that Councilman Byrnes be nominated for the office of Mayor. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, that nominations be closed. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, that a unanimous ballot be cast for Councilman Roy L. Byrnes for the office of Mayor. The City Clerk relinquished the gavel to Mayor Byrnes who took the chair and declared nominations open for the office of Mayor pro tem. Moved by Councilman Gammell, seconded by Councilman Thorpe, and unanimously carried, to elect Councilman James K. Weathers as Mayor pro tem. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, to adopt Resolution No. 73=4-23-1, expressing sincere appreciation and c-ommending JemeS F. Thorpe for his outstanding performance as Mayor of the City for the past year. APR 2 31973 3'7 4 SPECIAL PRESENTATION 1. Recreation Land Planners - Plans and Specifications for Land- scape Construction of Bonito and Four Oaks Parks. Mr. Paul Saito of Recreation Land Planners stated that the bid documents are now complete and ready for advertising. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, that bids be received by the City Clerk on May 23, 1973, at 11:00 a.m., and evaluation presented to the Council on May 28. PUBLIC HEARINGS 1. Proposed Vacation of a Portion of Ganado Drive. Mayor Byrnes declared the public hearing open. Mr. James Bolich representing Challenge Builders, addressed the Council stating the vacation of Ganado Drive and its replacement with new streets was contemplated in the conditional approval of the Tentative Map of Tract No. 7493 (Goya). There have been discussions of possibly altering the proposed design of Ganado Dr. where it would intersect with Ortega Highway to the extent of making it more or less a temporary ingress and egress to be further vacated when adjacent property to the immediate west is developed. They are not adverse to this proposal but there are some physical details that would have to be worked out with City staff. Mr'. Elmer Christiansen, Engineer representing the developer, ex- plained the proposed vacation and answered numerous questions. He also displayed the grading plan and briefly described the cul-de-sac adjustment. No one appeared in opposition to the proposed vacation and the hearing was closed with right to reopen at anytime. The City Engineer recommended that Council withhold final action on _ this matter until the staff has worked out the details with regard to the substitute street, the necessary easements, agreements, financial guaran- tees, etc. Mr. Kubota further recommended that Council limit the proposed vaca- tion only to that portion that is affected by the Tract Map as approved by the Planning Commission. There being no objections, the hearing was continued to May 7, 1973, and staff requested to work with developer and report at the next meeting the physical details involved. APRZZIP3 - 2 - Month:.. (Open Space Formula) Urgency. Mayor Byrnes declared the public hearing open. No one appeared in favor or in opposition and the hearing closed immediately. Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to adopt Ordinance No. 224, extending Ordinance No. 214 for eight months. Attorney Okazaki read the foregoing ordinance by title only. 3. Ordinance Extending Ordinance No. 217 for Period of Eight Months. (Hillside Ordinance) Urgency. Acting Planning Director reported that the Planning Commission is currently considering revision to this ordinance and will be discussed at their work session tomorrow evening with public hearing scheduled for May 1. He further stated that copies of the revised ordinance have been forwarded to the public agencies associated with the City, and various developers and engineering firms for their comments and suggestions. Mayor Byrnes declared the public hearing open. No one appeared in favor or in opposition and the hearing closed immediately. Moved by Councilman Thorpe, seconded by Councilman Weathers, and carried, to adopt Ordinance No. 225, extending Ordinance No. 217 for eight months. Councilman Chermak voted noe. Attorney Okazaki read the foregoing ordinance by title only. BIDS, CONTRACTS, AGREEMENTS 1. Approval of Agreements (4) with SERRA. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to approve the following agreements and authorize the Mayor and City Clerk to execute: 1) Agreement for Acquisition of Treatment Plant, 2) Agreement for Lease of Ocean Outfall, 3) Amendment to Agreement between City, Moulton -Niguel Water District and Santa Margarita Water District, and 4) Interim Agreement for Treatment of Dana Point Sewage. 2. Approval of Agreement with County Flood Control District for Storm Drain Facilities - Camino Capistrano. City Engineer outlined the situation in a memorandum dated April 18, and stated in the course of negotiations with the developers of Tract 7196, - they have requested they consider a cash contribution of $100,000 towards - 3 - APR 2 31973 375 2. Ordinance Extending Ordinance No. 214 for Period of Eight Month:.. (Open Space Formula) Urgency. Mayor Byrnes declared the public hearing open. No one appeared in favor or in opposition and the hearing closed immediately. Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to adopt Ordinance No. 224, extending Ordinance No. 214 for eight months. Attorney Okazaki read the foregoing ordinance by title only. 3. Ordinance Extending Ordinance No. 217 for Period of Eight Months. (Hillside Ordinance) Urgency. Acting Planning Director reported that the Planning Commission is currently considering revision to this ordinance and will be discussed at their work session tomorrow evening with public hearing scheduled for May 1. He further stated that copies of the revised ordinance have been forwarded to the public agencies associated with the City, and various developers and engineering firms for their comments and suggestions. Mayor Byrnes declared the public hearing open. No one appeared in favor or in opposition and the hearing closed immediately. Moved by Councilman Thorpe, seconded by Councilman Weathers, and carried, to adopt Ordinance No. 225, extending Ordinance No. 217 for eight months. Councilman Chermak voted noe. Attorney Okazaki read the foregoing ordinance by title only. BIDS, CONTRACTS, AGREEMENTS 1. Approval of Agreements (4) with SERRA. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to approve the following agreements and authorize the Mayor and City Clerk to execute: 1) Agreement for Acquisition of Treatment Plant, 2) Agreement for Lease of Ocean Outfall, 3) Amendment to Agreement between City, Moulton -Niguel Water District and Santa Margarita Water District, and 4) Interim Agreement for Treatment of Dana Point Sewage. 2. Approval of Agreement with County Flood Control District for Storm Drain Facilities - Camino Capistrano. City Engineer outlined the situation in a memorandum dated April 18, and stated in the course of negotiations with the developers of Tract 7196, - they have requested they consider a cash contribution of $100,000 towards - 3 - APR 2 31973 the project and dedicate the necessary right-of-way. He presented a response from Westport Home Builders dated April 23, 1973, agreeing to: 1) furnish to the City a letter of credit in the amount of $94,796.13 (which represents the 4100,000 less a credit $5,203.87 which they paid forin drainage fees for T$ 7194), & 2) dedicate the required right-of-way. They are requesting that the City: 1) waive all future drainage fees in Tracts 7195, 7160 and 7196, of which this is a part, and 2) provide connector pipes from the main storm drain to the future catch basins located in Tract 7196 at no cost to Westport. Mr. Kubota indicated he felt the proposal was fair to both parties. Mr. Weidner suggested the City Engineer prepare a cost analysis of the proposed connections to the main trunk line with Westport and a calculation of what the City would be giving up in future storm drain fees for the tracts mentioned. Mr. Kubota agreed to prepare the report as suggested and stated he will also draft an agreement with Westport for Council's consideration. There being no objections, the foregoing agreement with the County Flood Control District was carried over to the May 7 meeting. ORDINANCES, RESOLUTIONS 1. Proposed Resolution Supporting UCI School of Medicine On -Campus Teaching Hospital. Moved by Councilman Gammell, seconded by Councilman Thorpe, and carried, to adopt Resolution No. 73-4-23-2, supporting the foregoing request of the University of California, Irvine. Mayor Byrnes abstained. 2. Second Reading of Ordinance No. 223 - Regulations for Collection of Rubbish. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, to adopt Ordinance No. 223. Attorney Okazaki read the foregoing ordinance by title only. A. Approval of Agreement with Truman Smith Disposal Co. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to approve the foregoing agreement and authorize the Mayor and City Clerk to execute. 3. Proposed Resolution Placing Certain Planning Matters on Council Consent Calendar. Acting Planning Director stated he felt this matter could be handled administratively and advised that a report of recent Planning Commission _ 4 _ APR 2 31973 377 actions has been prepared for consideration later in the meeting. Councilman Thorpe requested the Council be made aware of those items which will go into effect without review or formal action of the Council. It was also requested that the report include the tract number, name of applicant, location, and map designating same. 4. Proposed Ordinance Adopting County Ordinance by Reference Regulat- ing the Construction and Abandonment of Wells. Moved by Councilman Thorpe, seconded by Councilman weathers, and unanimously carried, to introduce Ordinance No. 226, Adopting by Reference Ordinance No. 2607 of the County of Orange. Attorney Okazaki read the foregoing ordinance by title only. Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to adopt the permit fee schedule as recommended by the County Health Department. 5. Proposed Resolution Endorsing the Federal Aid Urban Street Program. A memorandum dated April 18 from the City Engineer was presented, advising that the Federal Government, the State Division of Highways, and the Orange County Highway Department are involved in a regional trans- portation study program for the establishment of a federal aid urban system of highways for metropolitan areas. The City has certain streets which now qualify to become a part of the federal aid urban street system and their office believes it is in the City's interest to endorse the proposed plan. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, to adopt Resolution No. 73-4-23-3, Endorsing the Federal Aid Urban Street Program. Attorney Okazaki read the foregoing ordinance by title only. 6. Proposed Ordinance Granting Franchise to Chamber of Commerce - Cinco de Mayo Celebration - May 5. Urgency. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, to adopt Ordinance No. 227, Granting Franchise to Chamber of Commerce for Cinco de Mayo Celebration. SUBDIVISIONS, ANNEXATIONS 1. Proposed Changes in Tract No. 6305 (Klug) and Request for Deviation from Hillside Ordinance. APR 2 31573 - 5 - 378 Mr. John Klug of Pacesetter Homes addressed the Council and re- viewed the proceedings thus far for Tentative Tract No. 6305. Mr. Klug requested the Council consider one of three alternatives: 1) Reconsider the action taken on January 22, 1973, and approve the Grading Plan which encompasses Tracts 8070 and 8093. 2) Negotiate for the sale of the subject property to the City - for its fair market value. 3) Consider an alternate in the entire project. In the area presently contemplated for the first two units of their subdivision, Tracts 8070 and 8093 containing approximately 64 acres, they are proposing a planned develop ment consisting of 94 separate buildings with 4 units to a building for a total of 376 units. There would be a recreation area containing a swimming pool and clubhouse and they would retain the recreation vehicle parking previously required in their presently approved subdivision. As a condition of approval of the P -D on Tracts 8070 & 8093, they would be willing not to proceed with the balance of the presently approved Tentative Map of Tract No. 6305. RECESS - 8:37 P.M. - 8:45 P.M. Following discussion of the proposed foregoing development, it was moved by Councilman Thorpe, seconded by Councilman Chermak, and carried, to adopt Resolution No. 73-4-23-4, declaring Council's intention to con- sider rezoning the subject property to P -D (Tracts 8070 and 8093) as pro- posed by applicant, pending report and recommendation from the Planning Commission, and further, that said remaining property conform to the requirements of the Hillside Ordinance. Mayor Byrnes voted noe. It was also requested that the Planning Commission proceed with dili- gence to evaluate the proposal. 2. Proposed Annexation to Santa Margarita Water District. Mr. T. J. Meadows stated the proposed area to be annexed is roughly the balance of the Rancho Mission Viejo laying southerly of Ortega Hgwy. He recommended Council adopt a resolution supporting proposed annexation. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to adopt Resolution No. 73-4-23-5, supporting pro- posed annexation as recommended by Director of Public Works. 3. Acceptance of Irrevocable Offer to Convey Easement - DOL 72-107 (Durnford & Winters). Moved by Councilman Gammell, seconded by Councilman Thorpe, and unanimously carried, to accept the foregoing and authorize recordation of same. - 6 - ApR 2 31173 79 4. Acceptance of Right -of -Way - DOL 72-111 (Fischer) - Ortega Hgwy. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, to accept the foregoing easement deed and authorize recordation of same. 5. Acceptance of Right -of -Way for Camino Capistrano Improvement District. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to accept all easement deeds as set forth in the report of the City Engineer dated April 18, and in addition, authorize the.City Clerk to accept and record all additional right-of-way documents relating to this specific project. 6. Acceptance of Improvements and Release of Bonds - Tracts 5733, 5794 and 6225. It was recommended by the City Engineer that Council accept the public improvements as set forth in his report dated April 18 for Tracts 5733 and 5974, and in addition, partial acceptance for the work in Tract 6225 and a reduction of the bond amount for the public improvements of said tract. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, to approve the foregoing recommendation. 7. Approval of Final Tract Map No. 7812 (Portion of Tentative Tract 7387) - U. S. Development Corporation. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to accept final Tract Map 7812, bonds, fees and off- site slope easement, and authorize the execution of the public improvement agreement, tract map and slope easement. 8. Approval of Grading Plan for Tract No. 8087 - Leadership. Acting Director of Planning stated that a tentative map for Tract 8087 was approved earlier this year, and that this project has been exempted from the Hillside Ordinance by previous Council action. The E:ivironmental Review Board has reviewed this proposal and is forwarding it to the Council for information and action if necessary. Mr. Robert Kendall of Leadership Housing Systems explained concept of proposed development which consists of 94 acres of land. Mr. Elmer Christiansen, Engineer, displayed the grading plan and out- lined the cuts and fills, the storm drain system, and elevations. - 7 - APR 23W13 SO Mr. Kubota pointed out the pad elevation differentials, the slope areas and highlighted the overall terrain. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to approve the foregoing grading plan as presented. Mayor Byrnes stated that due to the late hour he will deviate from the agenda and not necessarily take the items in the order as listed. PLANNING COMMISSION MATTERS 5. Set Public Hearing Date on RZ 73-104 - Density Text Amendment. Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to set public hearing on the foregoing item for May 14, 1973. COMMUNICATIONS - (Written) 1. Becton -Dickinson Co. - Underground Electrical Service. A memorandum from the City Manager dated April 19 outlining the situation and request of Becton -Dickinson was presented. It was recom- mended by the City Manager that Council modify the underground require- ment to allow an additional three utility poles to bring the line over- head to B/D's property line. Mr. Weidner stated this recommendation is made in light of the fact that San Diego Gas & Electric Co. representatives indicate equally severe technical problems in re-routing the line and because B/D'S second phase of construction in approximately 1975 would allow the removal of the poles for a permanent underground installation. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to approve the addition of three utility poles with the understanding that they be a part of the undergrounding in Becton - Dickinson's second phase of construction. Road. 2. Becton -Dickinson Co. - Landscaping and Lighting - Rancho Viejo Mr. Weidner stated that Becton -Dickinson has offered to assume the cost of installation for street lighting on a portion of Rancho Viejo Road between their northerly property line and Junipero Serra Road if the City will, in return, landscape, irrigate and maintain a piece of City - owned property in the same vicinity. Mr. Weidner recommended that the Planning Consultant be directed to prepare recommendations for low upkeep landscaping and maintenance speci- fications and offer to maintain landscaping if Becton -Dickinson will pay for material and installation. APR 31973 Moved by Councilman Thorpe, seconded by Councilman Weathers, anB 8 J unanimously carried, to approve the foregoing recommendation. COMMUNICATIONS - (Oral) NONE STAFF REPORTS Reports were presented from the City Engineer, City Treasurer and Director of Public Works. It was requested by the City Treasurer that the monthly written reports of receipts, disbursements and fund balances, and related documents, be prepared by the Finance Department for his signature. Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to approve the foregoing request. At this time the City Manager introduced the new Director of Finance, Mr. John J. O'Sullivan. WARRANTS 1. Approval of Warrants for Period Ending April 20, 1973. Moved by Councilman Chermak, seconded by Councilman Thorpe, and unanimously carried, to approve warrant numbers 1834 through 1904 for the total amount of $215,967.89. PARKS & RECREATION MATTERS 1. Master Street Tree Plan Proposals. Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to refer the additional proposals received to the Parks & Recreation Commission for report and recommendation. 2. Evaluation of Access Routes to Prima Deshecha Disposal Site. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, that a letter be transmitted to various appropriate agencies recommending adoption of La Novia Ave. as the access to the pro- posed disposal site, based upon traffic, safety considerations, convenience to the public and needs for the early development of La Novia Ave., as determined by the San Juan Capistrano City Council and the Parks & Recrea- tion Commission. 3. Dennis Paquin - Resignation from Parks & Recreation Commission, Effective May 1, 1973. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to adopt Resolution No. 73-4-23-6 accepting the fore- going resignation with deep regret, and commending Dennis Paquin for his outstanding contribution to the Commission and the City. APR 2 31971 - 9 - PLANNING COMMISSION MATTERS 1. Request from Commission to Initiate Traffic Study in Mission Control District, et al. Mayor Byrnes directed this item be placed on the May 7 agenda. 2. Request for Waiver of Public Improvements - LUP 71-102 (Solag). City Engineer stated pursuant to Council discussion of April 9, he has met with Mr. Trulis, & are in agreement that certain interim improve- ments can be made to the entry way of the corporation yard. Mr. Trulis will bear the expense of widening the driveway and interim improvements to. Los Rios Street along his entry area. Mr. Kubota recommended that the request for waiver of permanent improvements be granted, subject to applicant entering into an agreement for construction within a two year period. In addition, there would be a financial guarantee for that two year period. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, to uphold the recommendation of the City Engineer as outlined in his report of April 18, 1973. 7. Continental Holding Corporation - Request for Exemption from Deferral Resolution. Mr. Jerome H. Newman of Continental Holding Corporation addressed the Council and spoke in behalf of their request for exemption. It is their position that because they have invested considerable time and expense in the E1 Camino Center project since last October and have had numerous discussions with City staff prior to the recent moratorium, they feel they should be entitled to be exempt from its restrictions. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to deny the foregoing request. Mayor Byrnes stated the following items will be carried over to the May 7 meeting: 1) Request for Boundary Adjustment of Lot - Paseo Cielo & Calle Aspero. 2) Request from Salkin Engineering Co. for Deviation of Hillside Ordinance. 3) Report on Mission Bell type Street Lighting. 4) Report on Site development Costs for Proposed Civic Center Site. 5) Proclamation declaring week of May 6 thru 12 as "Hire a Veteran Week". APR 2 31973 - 10 - 3 83 Mayor Byrnes adjourned the meeting to a personnel session at 10:01 p.m. and the meeting reconvened at 11:00 p.m. Mayor Byrnes announced, with Council's consent, that John Given would be the City's representative to World Repair, Inc. (Recycling Center). Mayor Byrnes appointed, with Council's approval, Mr. Robert Davies as the City's representative to the Orange County Health Planning Council. The meeting was adjourned to May 7, 1973 at 7:00 p.m. ATTEST: Roy 1I.. Byr es, Mayor o of San Jua4 Capistrano APR 2 31973