73-0507_CC_Minutes_Adjourned Regular Meeting�4
MAY 7, 1973
ADJOURNED MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
An adjourned regular meeting of the City Council was called to
order at 7:00 p.m. by Mayor Byrnes.
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,
James K. Weathers, James F. Thorne
Councilmen absent: Josh Gammell
Approval of Minutes of April 23, 1973.
There being no corrections or additions, the minutes of April 23,
1973, were approved as presented.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to have all ordinances and resolutions for this
meeting read by title only.
PUBLIC HEARINGS
Drive
1. Continued hearing on Proposed Vacation of a Portion of Ganado
Mayor Byrnes re -opened the public hearing. No one appeared in
favor or in opposition and the hearing closed immediately.
City Engineer stated that the necessary documents for this project
are being prepared and recommended this item be continued to the next
regular meeting.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to continue the foregoing hearing to May 14, 1973.
2. RZ 73-103 - PH to U1 - City of San Juan Capistrano (Zaenglein
property).
Mayor Byrnes opened the public hearing.
Acting Director of Planning stated it is the Commission's recommda-
tion to deny this request in that the existing zoning reflects the Parks
and Recreation element of the existing General Plan and that the considera-
tion of taking the PH designation off this property should be considered
only in consideration of rezoning of a larger area.
No one appeared in favor or in opposition on this matter and the
hearing was closed.
Moved by Councilman Weathers, seconded by Councilman Thorpe, and
unanimously carried, to uphold the recommendation of the Planning Com-
mission and deny RZ 73-103. MAY 71973
385
BIDS, CONTRACTS, AGREEMENTS
1. Approval of Agreements in connection with Camino Capistrano
Street Improvement Project.
City Engineer recommended that:
1) Council approve agreement with Orange County Flood Control
District for the design, construction, and cash contribution
for the subject storm drain project (Casitas Capistrano),
2) Authorize City Engineer to proceed with engineering design,
plans and specifications for said project, and
3) Complete proceedings with Westport Development for agreement
and letter of credit for their cash contribution.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to uphold the recommendation of the City Engineer
as outlined in his memorandum of May 2, 1973.
2. Proposed Resolution Awarding Contract to Sully Miller Con-
tracting Co. for Camino Capistrano Assessment District No. 73-1.
City Engineer reported that on April 25, 1973, bids were opened on
the subject project, and it is their recommendation that the contract
be awarded to Sully -Miller Contracting Co. for the total estimated amount
of $937,531.10.
Mr. Fritz Stradling, Legal Counsel for this project, addressed the
Council and discussed funding for the City -owned property within the
improvement district (Long Park). He advised that in his opinion the City
cannot go to bond on property it owns, and will therefore have to pay in
cash approximately $350,000 in about July of 1974.
City Engineer indicated that $135,000 of the $350,000 will be paid
as a result of the agreement just approved with the Orange County Flood
Control District.
Following discussion from the standpoint of fiscal impact, the
City Engineer and Director of Finance were directed to prepare a complete
analysis as to the funding for this project.
The proposed resolution awarding the contract was held over to the
May 14 meeting.
3. Proposed Change Order No. 7 - Weardco Construction Company -
$22,447.00.
The Director of Public Works stated that in this change order the
demolition of the Dana Point Plant has been deleted, and this should be
the last change order necessary for the completion of the project.
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Moved by Councilman Weathers, seconded by Councilman Chermak, and
unanimously carried, to approve Change Order No. 7 in the amount of
$22,447.00 as recommended by the Director of Public Works.
4. Agreement and Dedication of Right -of -Way for Construction of
Public Improvements - Camino Capistrano - LUP 72-109 (Mrs. Naomi Sell).
City Engineer stated that Mrs. Sell has agreed to follow the pro-
cedures as outlined by the proceedings between the City and her neighbor,
Mr. Kellogg Wells, and has executed an agreement for construction of the
public improvements within a one year period, including furnishing the _
City with a bond in the amount of $3,600.00.
Moved by Councilman Weathers, seconded by Councilman Thorpe, and
unanimously carried, to approve the foregoing agreement and authorize
the Mayor and City Clerk to execute.
ORDINANCES, RESOLUTIONS
1. Second Reading of Ordinance No. 226 - Adopting by Reference
Ordinance No. 2607 of the County of Orange Relating to the Construction
and Abandonment of Wells.
Moved by Councilman Weathers, seconded by Councilman Thorpe, and
unanimously carried, to adopt Ordinance No. 226.
Attorney Okazaki read the foregoing ordinance by title only.
SUBDIVISIONS, ANNEXATIONS
1. Request for Boundary Adjustment - Paseo Cielo and Calle Aspero.
Acting Director of Planning stated that applicant desires to adjust
his lot line so that he may sell a portion of a lot to his neighbor who
wishes to construct a tennis court. He stated that a division of land
would have to be processed and according to ordinance requirements the
applicant must pay drainage, park and recreation fees, and make dedications
and improvements on both lots which are to be created.
Mr. Eugene Bresky, applicant, requested that Council waive required
drainage and parks fees inasmuch as no new lots would be created. He does
not feel he is creating a new building site, nor asking for a variance to
the Zoning Code, but merely changing the lot boundary.
Following dicussion it was moved by Councilman Weathers, seconded by
Councilman Thorpe, and carried, to waive required drainage and park and
recreation fees as requested by applicant, Eugene Bresky. Councilman
Chermak voted noe.
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MAY 71973
387
2. Tract No. 7159 - (Rio Vista Homes) North End of Alipaz
Street - West of Trabuco Creek Channel.
City Engineer recommended that:
1) The sanitary sewer system, storm drain system, and the
ornamental street lighting system be accepted at this time,
2) That no action be taken on the acceptance of the improvements
of the public streets, and
3) The developer be granted the option to submit a surety bond
in the amount of $36,000, and upon receipt of same, exonerate
bond no. 114301.
Moved by Councilman Chermak, seconded by Councilman Thorpe, and
unanimously carried, to uphold the foregoing recommendation of the City
Engineer.
PARKS & RECREATION MATTERS - NONE
PLANNING COMMISSION MATTERS
1. Request from Planning Commission, et al, to Initiate Traffic
Study in the Mission Control District.
Acting Director of Planning advised that additional information will
be forthcoming to the Planning Commission on this matter and recommended
Council refer this item back to the Commission until a more definitive
recommendation can be made.
City Engineer stated their office has reviewed this matter and the
area in question as to traffic mobility, and would assist the Planning
staff in studying the traffic circulation and pedestrian traffic if
desired by the Council.
Following discussion it was moved by Councilman Weathers, seconded
by Councilman Thorpe, and unanimously carried, to refer the foregoing
matter back to the Planning Commission for report and recommendation, with
the direction they consider all pertinent information from existing
sources, together with a projection of future developments in the area.
2. Request from Salkin Engineering for Exemption from Hillside
Ordinance, Division of Land 72-110 (Smyth Industrial Complex).
Acting Director of Planning stated this project is situated between
the San Diego Freeway, Atchison Topeka and Santa Fe Rail Road and the San
Juan Capistrano Airport industrial area, and that the Commission is cur-
rently reviewing the site plans. He stated this item was discussed at
the Commission meeting and it is their recommendation the project be
exempted from Ordinance No. 217, in that consideration of this matter
commenced prior to adoption of the emergency measure.
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Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to adopt Resolution No. 73-5-7-1, exempting Division
of Land 72-110 from the Hillside Ordinance.
3. Louis A. Conter - Concerning Hillside Ordinance.
Mr. Conter's letter of April 22, 1973, appealing negative declara-
tion on the proposed ordinance and revision to Ordinance 115 was presented.
Acting Director of Planning stated that under Section 9.5 of the
EIR Guidelines for the City, the Planning Department is to determine which
City agency is to hear the appeal. It has been determined that the Council
is the appropriate agency to hear the foregoing appeal of Louis Conter.
The proposed ordinance (RZ 73-105-T) has had a public hearing before the
Planning Commission, but not forwarded to Council pending results of this
appeal.
It was recommended that Council uphold the action of the Environ-
mental Review Board.
Moved by Councilman Weathers, seconded by Councilman Thorpe, and
unanimously carried, to approve the foregoing recommendation.
4. Report on Recent Planning Commission Actions - Regular Meeting
of May 1, 1973.
This report was submitted for informational purposes only and
no Council action was required.
S. Set Public Hearing Date on RZ 73-106-T (Amendment to Zoning
Ordinance relative to Minimum Open Space Requirements).
There being no objections, this matter was scheduled for public
hearing on May 29, 1973.
6. Resolution No. 73 -5 -1 -1 -PC, Relative to the Determination of a
"Veterinary Medical Facility" as a Conditional Use in the C -IH District
(Local Business Mission District).
Following discussion of the foregoing use the Council took no
action, constituting approval of the determination of use.
7. Report from Acting Director of Planning regarding Work Programs
for Meeting Requirements of State Mandated Programs.
The foregoing report was submitted for informational purposes only
and no Council action was required.
SPECIAL PRESENTATIONS
Mayor Byrnes presented an engraved wooden plaque and gavel to Council-
man Thorpe in recognition of his dedicated service as Mayor of the City for
the past year. 5 MAY 73973
- -
Mayor Byrnes presented an engraved ceramic plaque to Dennis Paquin
in recognition of his dedicated service to the Parks & Recreation Com-
mission.
RECESS - 8:28 - 8:40 P.M.
PLANNING COMMISSION MATTERS CONTINUED
8. Report from Planning Consultants Haworth & Anderson - Priority
Work Study Program and Sphere of Influence Study.
Mr. Carl Neuhausen, Principal Consultant, addressed the Council and
ummarized the recommended work study program, categorized as follows:
A) Those projects or items generally included under the Advance
Planning/General Plan Contract,
B) Those additional items not included under the Advance Planning/
General Plan Contract,
C) Those specific items to be developed by the City staff, and
D) Those specific items to be developed by the Consultant upon
approval of the City Council.
Mr. Neuhausen also presented a graphic chart illustrating the
recommended work study program for those projects either underway or to
be developed by their firm. The chart also depicted various starting
dates and completion dates for each project and the estimated time period
wherein such projects would be reviewed by the Planning Commission and
City Council.
Following discussion it was moved by Councilman Weathers, seconded
by Councilman Chermak, and unanimously carried, to direct the Planning
Consultants to proceed to develop the following items:
On an interim basis
1. Open Space & Conservation Element
2. Flood Plain Ordinance
On a permanent basis
1. Hillside Ordinance
2. Sphere of Influence Study
Mr. Neuhausen stated their firm has completed all initial research
and mapping of various data leading to preliminary boundaries for the City's
sphere of influence. Preliminary meetings have been held with the City's
staff, members of the Saddleback Area Coordinating Council, the Executive
Director of LAFCO, the City's Engineer and Public Works Director, and the
Count. Flood Control District.
Mr. Jack DeAngelo of Haworth & Anderson, Project Coordinator,
addressed the Council and displayed exhibits depicting urbanization, land
forum, Capistrano Unified School District and their sub -districts, major
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39
Ovate districts, sphere of influence, watersheds, and three alternatives.
Mr. Neuhausen also suggested that certain citizen committees consider
the sphere of influence study.
It was noted that LAFCO will be conducting a work session to discuss
their criteria for sphere of influences, and their being no objections,
the Mayor requested that someone from staff attend this meeting and report
back to the Council at the May 14 meeting.
ADMINISTRATIVE
1. Report from City Engineer on Mission Bell Street Lighting.
The City Engineer displayed a map delineating arterial streets and
the status of the ornamental lights that have been installed to date. He
recommended that Council adopt uniform requirements for Mission Bells for
those selected routes which in the opinion of the Council merits this
special architectural treatment.
Following discussion the Mayor appointed Councilmen Weathers and
Gammell to study the selected routes and report at the next meeting.
2. Report from City Engineer on Park/Civic Center Site Study.
City Engineer stated their office has evaluated the estimated cost
for site development of approximately five acres of land within the con-
fines of the forty acre area as delineated in the subject study, and are
prepared to proceed further with a site development program and estimate
of expenses if deemed appropriate by the Council.
Upon request of Councilman Chermak and there being no objections,
this item was held over to the May 14 meeting.
3. Report from City Attorney regarding Las Ramblas Interchange.
The City Attorney advised that this report is not complete and
requested this matter be held over to the next regular meeting. There
were no objections and so ordered.
4. Report from City Engineer regarding Proposed Maintenance Agree-
ment for Traffic Signals.
Upon request from the Director of Public Works this item was deleted
from the agenda.
5. Sewer Connection Fees for Recreational Vehicle Park - Alipaz
Street.
The Director of Public Works recommended Council set the sewer con-
nection fee in the amount of $14,625.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to approve the foregoing recommendation.
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391
6. Sale of 1971 Ford to Water District.
The Director of Public Works recommended that Council approve the
transfer of the 1971 Ford Custom Sedan to the Water District for the sum
of $1,700.00.
Moved by Councilman Weathers, seconded by Councilman Thorpe, and
unanimously carried, to approve the foregoing recommendation.
7. Landscape Proposal for City Right -of -Way (Rancho Viejo Road).
City Manager 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 opposite their plant.
City Manager reported that Becton -Dickinson has now agreed to
provide and install landscaping materials to City's specifications and
at no cost if the City will take over responsibility of maintenance.
City Manager recommended that the foregoing offer be accepted.
Moved by Councilman Weathers, seconded by Councilman Thorpe, and
unanimously carried, to approve the City Manager's recommendation.
COMMUNICATIONS - (Written) - None
COMMUNICATIONS - (Oral)
1. Mrs. Rose Corrigan, resident, addressed the Council and
expressed opposition to the resolution adopted at the last meeting en-
dorsing the Federal -Aid Urban Street Program.
CONSENT CALENDAR MATTERS
1. National Cystic Fibrosis Foundation - Request to solicit door -
to door.
2. La Superior Bakery - Request to solicit from vehicle.
3. Proclamation declaring May 6 thru 12 as "Hire a Veteran" week.
4. Proclamation declaring May 19, 1973 as "Endevco Day" in San
Juan Capistrano.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to approve Consent Calendar Item No. 2 for a period
of six months and review at the end of said time.
There being no objections, Consent Matters No. 1, 3 and 4 were
approved.
COMMITTEE REPORTS - NONE
MAY 71973
WARRANTS
1. Approval of Warrants for Period Ending May 4, 1973.
Moved by Councilman Weathers, seconded by Councilman Chermak, and
unanimously carried, to approve Warrant Numbers 1905 through 1947 for
the total amount of $182,472.26.
COUNCIL REMARKS
1. Councilman Chermak stated it has been reported to him that the
building under construction on Camino Capistrano owned by Kellogg Wells
is encroaching onto adjoining properties on both sides. He requested
that staff not issue a use and occupancy permit to Mr. Wells until this
situation is rectified.
Mayor Byrnes referred the foregoing matter to the City Manager for
report and recommendation.
2. Councilman Thorpe requested the following items be placed on
the next agenda under Committee Reports:
1) Report on Capistrano Unified School District Growth
Committee.
2) Report on recent meeting of Orange County Intergovern-
mental Coordinating Council.
Mayor Byrnes adjourned the meeting to a personnel session at 9:58
p.m. The meeting reconvened at 11:00 p.m. and adjourned immediately.
ATTEST:
City Clerk
Roy t. By -ch s, M.D., Mayor of
the City of an Juan Capistrano
MAY 71973