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73-0514_CC_Minutes_Regular Meeting393 MAY 14, 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 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, Josh Gammell, James F. Thorpe, James K. Weathers Councilmen absent: None Approval of the Minutes of May 7, 1973. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to approve the minutes of May 7, 1973, with minor correction to Page 5, Item No. 3. Moved by Councilman Gammell, seconded by Councilman Thorpe, and unanimously carried, to have all ordinances and resolutions for this meeting read by title only. PUBLIC HEARINGS 1. Continued hearing on Proposed Vacation of a Portion of Ganado Drive. Mayor Byrnes declared the public hearing re -opened. No one appeared in favor or in opposition and the hearing closed immediately. Mr. George Madsen, Senior Project Engineer, stated that the developer has requested this matter be continued to May 29, 1973. Hearing no objections from the Council it was so ordered. 2. RZ 73-104-T - Proposed Amendment to Zoning Ordinance - (Density Text Amendment). Mayor Byrnes declared the public hearing open. Acting Director of Planning stated this ordinance establishes symbols for limitation of density. It has previously been before the Council and was adopted as an emergency ordinance. The Planning Commis- sion has subsequently considered the matter and it is their recommenda- tion the ordinance be adopted. No one appeared in favor or in opposition to proposed ordinance and the hearing was closed. Attorney Okazaki read the proposed ordinance by title only. MAY 141973 3 94 Moved by Councilman Weathers, seconded by Councilman Gammell, a and unanimously carried, to introduce Ordinance No. 228, Amending Ordinance No.115 and Establishing District Symbols for Density Limita- tions. BIDS, CONTRACTS, AGREEMENTS 1. Award of Contract for Weed Abatement Program - 1973. Director of Public Works reported that two bid proposals were received on May 10. The proposals have been evaluated and it is his recommendation the contract be awarded to the Jim Taylor Company. Moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried, to approve the foregoing recommendation. ORDINANCES, RESOLUTIONS 1. Resolution Designating City Treasurer to Make Investments. Moved by Councilman Gammell, seconded by Councilman Thorpe, and unanimously carried, to adopt Resolution No. 73-5-14-1, Delegating Authority to the City Treasurer to Invest or Reinvest Funds. Attorney Okazaki read the foregoing resolution by title only. Mayor Byrnes stated that agenda items 2 and 3 under this cate- gory would be deferred to later in the meeting. SUBDIVISIONS, ANNEXATIONS 1.. Inquiry from LAFCO regarding Raney property. Mayor Byrnes stated this item would appear on the May 29 agenda. 2. Tract No. 7912 - (McMichael Co.) - Approval of Tract Map .and Agreements. Mr. George Madsen, Senior Project Engineer, displayed the subject tract map and explained the proposed drainage system. He stated that an off-site drainage easement is being prepared and should be complete within the next few days. Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to accept final tract map No. 7912, bonds and fees, and authorize execution of the public improvement agreement and tract map, subject to satisfactory receipt of off-site drainage easement. 3. Acceptance of Grant Deed from Westport for Long Park. It was recommended by the City Engineer in his report of May 11, that the City accept the three remaining parcels for Long Park pursuant to the original intent of the City's agreement of 1970. _2_ MAY 141973 395 During course of discussion it was noted that at the southerly end of the park there is an existing dwelling unit which is habitated, and the question was raised as to whether the City would be legally responsible for relocation of the family. Following consideration the City Attorney was requested to investigate the City's legal position in this regard and acceptance of the grant deed was deferred to May 29, 1973. PARKS & RECREATION MATTERS 1. Master Street Tree Plan Proposals. A report from Carl Neuhausen, Planning Consultant, advised that the four firms proposing to complete the plan for the sum of $1500.00 were: Recreation Land Planners, Lampman and Associates, Lent-Forsum Associates and J.L. Webb Planning, and that it is the Commission's recommendation that Council accept the proposal of Recreation Land Planners. Mayor Byrnes made reference to an additional proposal from Lang & Wood Co., and inquired if it had been considered by the Parks & Recreation Commission. Following discussion it was moved by Councilman Thorpe, seconded by Councilman Gammell, and carried, to uphold the recommendation of the Parks & Recreation Commission and accept the proposal of Recreation Land Planners. Councilmen Byrnes and Weathers voted noe. 2. Recommended Park Fees for: A. Tentative Tract 7626 (Leadership) B. Tentative Tract 5657 (C.Michael) It was recommended by the Parks & Recreation Commission that Council approve the acceptance of in lieu fees only for the subject tracts. City Manager requested that consideration of park fees for Tract 5657 (C.Michael) be deferred to the May 29 meeting. There were no objections and so ordered. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, to uphold the foregoing recommendation and approve acceptance of in lieu fees only for Tentative Tract No. 7626. Study. 3. Report from City Engineer regarding Park/Civic Center Site The report of the City Engineer dated April 18 was presented for consideration, and it was noted that their office is prepared to pro - Geed with a site development program and estimate of expenses if deemed - 3 - MAY 141973 3 v appropriate by the City Council. Following consideration Councilman Chermak was appointed Chairman of a sub -committee with Councilman Thorpe to serve, to study this matter further and report to the Council at.a future date. 4. Park Fees for Tract No. 8264 - Mission Glen Homes. Mayor Byrnes stated this report was for informational purposes only and did not require Council action at this time. 5. Capistrano Unified School District - Summer Recreation Budget Proposal. It was reported that the Commission has reviewed the foregoing document and feels there is no need for participation by the City through general fund monies. The Commission will be happy to work with the district in future programs in which they might be of assistance. No Council action was taken. PLANNING COMMISSION MATTERS 1. Joseph K. Cortese, D.V.M., Requesting exemption from Deferral Resolution. Dr. Cortese addressed the Council and stated his reasons for the request. Moved by Councilman Gammell, seconded by Councilman Thorpe, and unanimously carried, to deny the foregoing request. 2. Request from Commission for Clarification of Council Resolu- tion No. 73-4-23-4 (Klug Proposal - Tent. Tract 6305 - Tracts 8070 and 8093). Acting Director of Planning stated in order for the Commission to take action on this matter at their May 15 meeting, he would like the specific intent of the Council. It was pointed out that the Council's resolution declares intent to favorably consider the rezone of the area presently within tentative tracts 8070 and 8093 upon the following terms and conditions: 1. The Planning Commission submit a report and recommendation relating to the proposal as presented by Mr. Klug on April 23, 1973. 2. That the portion of Tentative Tract No. 6305 lying outside of tracts 8070 and 8093 conform to the requirements.of the City's Hillside Development Ordinance. Moved by Councilman Gammell, seconded by Councilman Weathers, to direct the Planning Commission to explore as many alternatives as 4 _ MAY 141973 397 practical and make a recommendation to the Council relative to the ultimate development of the property (which may or may not include the Pacesetter proposal). Councilman Thorpe stated that it was his intent on April 23rd that the Commission review the P -D concept as proposed, to determine if they could,by working with the developer,come up with some type of P -D that would be acceptable. He further stated that it was not his intent that the Commission had to accept the Klug P -D proposal, but that it at least be in the scope of planned development, or a recom- mendation that they did not feel it was reasonable. Councilman Chermak concurred with the remarks of Councilman Thorpe and stated it was his intent that the matter be referred to the Commission for a specific recommendation on Mr. Klug's P -D proposal. The motion was voted upon and carried with Councilmen Byrnes, Gammell and Weathers voting aye and Councilmen Chermak and Thorpe voting noe. ADMINISTRATIVE 1. Authorization of Signatures on Checking Accounts. It was recommended by the Director of Finance that Council auth- orize the Mayor or Mayor Pro -tem and the City Treasurer or his Deputy, to sign all checks drawn on all bank accounts of the City, including the use of one facsimile of the Mayor's signature. Moved by Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, to approve the foregoing recommendation. 2. Oral Report from City Attorney relative to Las Ramblas Inter- change. The Attorney stated he has researched the possibility of placing the City's contribution for the Las Ramblas Interchange onto the bene- fiting property owners through an assessment or taxing type district act, and it is his opinion from a legal standpoint, that the City cannot assess the property owners pursuant to the provisions of these acts. During discussion Councilman Chermak suggested the Attorney investi- gate the possibility of a development fee for the balance of the property to be developed and served by the interchange. Following discussion Councilman Weathers was appointed to work with the City Manager to review alternate methods of recovering City expenditures on Las Ramblas Interchange. -5- MAY 141973 39$ 3. oral Report from Director of Public Works regarding Sludge Disposal. The Director of Public Works stated that on April 9, 1973, Mr. Thomas Reeder appeared before the Council and requested exemption from the deferral resolution in order to permit him to apply for a land use permit for the making of top soil. He stated that recently a centrifudge was installed at the City's sewage disposal facility,.and they are now having a sludge disposal problem. Mr. Reeder has agreed to remove the sludge and use in his soil making program. Since time is of the essence we have requested that the County Road Department per- mit the City to dump on their property until this problem is solved. It was recommended that Council exempt Mr. Reeder from the deferral resolution and allow him to apply for a land use permit with the Planning Department. Moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, to adopt Resolution No. 73-5-14-2, Exempting Thomas Reeder from Resolution No. 73-3-12-7. 4. Oral Report from City Manager regarding Possible Encroach- ment of Property on Camino Capistrano - (Wells property). City Manager stated that the Department of Building & Safety has put a hold'on the occupancy permits until the building plans are compared with the lot lines as surveyed by the property owners engineers. The findings are expected soon. Modifications will have to be made if a viola- tion is noted. We will receive a report from the Department stating said modifications were completed to specifications & that there is no longer a violation of the property lines prior to the release of permits. 5. Grading Plan - El Nido Mobilehome Estates. Mr. Riley F. Marquis, Jr., representing Mr. Kenneth Hawkins, 'l developer, addressed the Council and presented a list of revisions that have occurred in the project that are different from the original approvea grading plan. He displayed the grading plan, outlined the changes, and requested Council approval. Mr. Marquis further stated that the County has indicated they will sign off the rough grading on a lot -by -lot basis, and that a permit would not be issued for the area northerly of the cul-de-sac without final approval of the City Council. MAY 141973 - 6 - 399 Following discussion it was moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to allow the County to issue building permits for the clubhouse, fences, electrical and other onsite work at their discretion and allow inspections to pro- ceed on those items for which permits have already been issued. This matter was then referred to the Environmental Review Board to discuss jointly with the developer and representatives of the County. RECESS Mayor Byrnes recessed the meeting at 9:10 p.m. for five -minutes and adjourned to a personnel session immediately following. The meeting reconvened in regular session at 9:35 p.m. - ORDINANCES, RESOLUTIONS CONTINUED 3. Proposed Resolution Awarding Contract to Sully Miller Con- tracting Co. for Camino Capistrano Street Improvement Project. A report from the Director of Finance dated May 11 relative to the proposed financing of the City's share of the 1911 Act 73-1 Assess- ment District was presented and discussed. The Director of Finance stated it appears at this time that the Municipal Sewer Fund will be the best source of cash in July, 1974. He presented three alternatives for Council consideration. A question was raised as to Public Works projects for the en- suing year and it was requested by Council that the Director of Public Works,together with the Director of Finance,prepare a report for the next meeting. The foregoing resolution was held over to May 29 as well as the proposed resolution establishing an Underground Utility District No. 2. CONSENT CALENDAR MATTERS week. 1. South Coast Y.M.C.A. - Request to solicit door-to-door. 2. Proclamation declaring May 14-20, 1973 as "Salvation Army" There were no objections to the foregoing and therefore approved. COMMITTEE REPORTS 1. Oral Report of Councilman Thorpe on Capistrano Unified School District Growth Committee Meeting. Mr. Thorpe commented on CUSD's Growth Committee Master Plan Study presently underway and the data processing program relating to same. He - 7 - MAY 141973 40'0 stated that the Committee is suggesting that the cities of San Juan Capistrano and San Clemente, and the County, assist them in requiring that developers provide school sites. He suggested the Attorney re- search this matter and that the Council take this item up again at a future meeting. 2. Oral Report from Councilman Thorpe on Intergovernmental Coordinating Council. Mr. Thorpe reported on the recent meeting held April 25 in which the bylaws and budget were adopted. ATTEST: Mayor Byrnes adjourned the meeting at 10:00 p.m. L City Clerk xvy\i+* ayitt ra,ra.u., raayva v City of San Vuan Capistrano mAY 141973