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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. - 2 - MAY 7 )973 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. - 3 - 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. - 4 - 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 - 6 - MAY 7 ivi 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. - 7 - MAY 71973 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