73-0529_CC_Minutes_Regular Meeting4.0 1
MAY 29, 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
K. Weathers
Councilmen absent: James F. Thorpe
Approval of the Minutes of May 14, 1973.
There being no additions or corrections, the minutes of May
14, 1973, were approved as written.
Moved by Councilman Weathers, seconded by Councilman Gammell,
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.
The City Engineer recommended the hearing be continued to June
11, 1973, in order that the final tract map could be considered at
the same time.
There were no objections to the recommendation and so ordered.
2. Proposed Amendment to Ordinance No. 115 - Minimum Open Space
Requirements - RZ 73-106-T.
Mayor Byrnes declared the public hearing open.
Acting Planning Director presented the staff report and outlined
the proposed amendment, He stated this item has been heard by the
Planning Commission and it is their recommendation that Council adopt
the ordinance.
No one appeared in favor or in opposition and the hearing closed.
Moved by Councilman Weathers, seconded by Councilman Gammell, and
unanimously carried, to introduce Ordinance No. 229, relating to minimum
open space requirements and amending Ordinance No. 115.
Attorney Okazaki read the foregoing ordinance by title only.
3. Abatement of Abandoned Vehicle on Private Property - Forster
and E1 Camino Real.
Mayor Byrnes declared the public hearing open. MAY 2 91913
402
City Manager advised that the property owner and the vehicle
owner have been notified in accordance with the provisions of Ordinance
No. 182. we have received a sworn written statement from the property
owner, Mrs. Natalie T. Mitchell, declaring no responsibility of the
vehicle's presence, and we have received no response from the vehicle
owner.
No one appeared before the Council and the hearing closed.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
carried, to declare the subject vehicle to be a public nuisance and
order it to be abated at City's expense. Councilman Chermak voted noe.
BIDS, CONTRACTS, AGREEMENTS
1. Award of Contract for Landscape Construction of Bonito and
Four Oaks Parks.
Mayor Byrnes stated this item would be taken up later in the
meeting.
ORDINANCES, RESOLUTIONS
1. Second Reading of Ordinance No. 228 - Establishing District
Symbols for Density Limitations.
Moved by Councilman Weathers, seconded by Councilman Gammell, and
unanimously carried, to adopt Ordinance No. 228.
Attorney Okazaki read the foregoing ordinance by title only.
2. Camino Capistrano Improvement District.
A. A report from the Director of Public Works was presented
which summarized the preliminary budget projections for the fiscal year
1973-74 and estimated costs.
B. Award of Contract for Assessment District No. 1973-1.
Moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, to adopt Resolution No. 73-5-29-2, awarding
the contract to Sully -Miller Contracting Co. in the amount of $937,174.60
Attorney Okazaki read the foregoing resolution by title only.
C. 'Acceptance of Easement Deed from San Diego Gas & Electric
Co. for Widening of Camino Capistrano.
Moved by'Councilman Gammell, seconded by Councilman Chermak, and
unanimously carried, to accept the foregoing deed and authorize its
recordation.
3. Resolution Amending Resolution No. 72-3-27-1 Establishing
Underground Utility District No. 2.
MAY 2 91973
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The City Engineer recommended Council approve a resolution
altering the dates in Resolution No. 72-3-27-1 to read:
"The foresaid overhead facilities shall be removed by
September 1, 1973 and that all property owners shall
be ready to receive underground utility services by
July 30, 1973. All involved property owners shall be
notified of this date."
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-5-29-3, extending the
time for removal of overhead utilities in Underground. Utility District
No. 2.
4. Resolution Supporting Year -Around Day -Light Savings Time.
Moved by Councilman Weathers, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 73-5-29-4, supporting
year -around day -light savings time.
SUBDIVISIONS, ANNEXATIONS
1. Inquiry regarding Raney property.
A letter from Robert S. Barnes, Attorney for proposed developer
of Raney property, was presented, and questioned as to whether the
pre -zoning of the property is within the City's Master Plan or Sphere
of Influence.
Acting Planning Director stated as indicated in his staff report,
the proposed density could be construed to fall within the range of
densities allowed for hillside development contiguous to the Raney
property as allowed in the General Plan. We do not have a Sphere of
Influence adopted at this time, however, all studies relative to the
same include the subject property. In his opinion, the issue of pre -
zoning and annexation are being confused at the LAFCO level. The
question of whether the property will or will not fall within our
Sphere of Influence and whether the density will or will not be in
compliance with our General Plan is subject to whose bias or interest
one would wish to serve. lie recommended his report be forwarded to
the concerned individuals.
Mr. Robert S. Barnes, Attorney representing the developer,
addressed the Council stating he would be happy to answer any questions
they may have.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and carried, to follow the recommendation and forward copies of the
staff report to the concerned individuals. Mayor Byrnes voted noe.
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The City Manager stated that LAFCO is re -scheduling and re -hearing
the proposed Raney annexation on June 27 and are requesting the City's
response on the advisability by June 15, 1973.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to reiterate our position to LAFCO that the
proposed Raney annexation is a logical and desirable annexation to
the City.
2. Acceptance of Grant Deeds from Westport for "Long Park".
The City Engineer recommended Council accept grant deeds for Parcel
No. 1, Parcel No. 2, and Parcel No. 3, excepting therefrom that portion
of the property lying southerly of La Zanja Street, where there is an
existing dwelling unit.
Moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried, to approve the foregoing recommendation of
the City Engineer.
3. Tract No. 5657 - C. Michael - Consideration of Park Fees
and Air Easement.
There being no objections the matter of an air easement was
held over to June 11 and Councilman Chermak appointed to meet with City
Attorney and developer prior to re -submittal.
It was requested by John Neil Stanley, Attorney for C. Michael,
that Council accept dedication of land for park purposes in lieu of
fees for Tract No. 5657 as provided in the prior Park Ordinance No. 131.
Following discussion it was moved by CouncilmAn Weathers,
seconded by Councilman Gammell, and unanimously carried, that Tract No.
5657 (C. Michael) shall meet the requirements of the Park Fees Ordinance
No. 210 adopted December 11, 1972.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to approve acceptance of in lieu fees only for
Tract No. 5657 (C. Michael).
Councilman Thorpe entered the meeting at 8:02 p.m.
4. Acceptance of Easement Deeds for:
A. Tract No. 7972 (Lutheran Church).
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to accept the foregoing deed and authorize its
recordation.
B. Tract No. 7912 (Mc:9ichael Co.)
C. LUP 72-110 (Wells)
D. LUP 72-109 (Sell) MAY 29 X473
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405
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to accept the foregoing deeds and authorize
recordation.
5. Mission Glen Homes - Requesting Street Name Change.
It was requested by applicant that the street name "Via del Campo"
within Tract No. 5592 be changed to "Calle del Campo" due to numerous
hardships that would be created at this point in time. A letter dated
May 15, 1973, outlining the reasons for the request was presented.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 73-5-29-5, changing
the name of "Via del Campo" to "Calle del Campo".
PARKS & RECREATION MATTERS - NONE
PLANNING COMMISSION MATTERS
1. Revised Grading Plan for Becton -Dickinson Co.
Mayor Byrnes stated this item would be considered later in the
meeting.
2. Report from Planning Department on Recent Actions of Plan-
ning Commission.
The foregoing report was for informational purposes only and
no Council action was required.
3. Set Public Hearing Dates for:
A. RZ 73-101 and E.I.R. (Newcom-Holtz).
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to set hearing on foregoing for June 11, 1973.
B. RZ 73-105-T (Hillside Ordinance).
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to set hearing on foregoing for June 11, 1973.
4. Resolution of Planning Commission Relative to the Determina-
tion of "Nursery Schools, Pre -Schools and Day -Care Centers" as a Condi-
tional Use in the R -2H Districts.
The Council took no action on the above, constituting approval
of the resolution.
5. Recommendation from Commission on Tentative Tract No. 6305 -
Tracts 8070 and 8093 (Klug).
Mayor Byrnes stated this item would be considered later in the
meeting.
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MAY 2 91973
4 O 6. Request for Exemption from Hillside Ordinance.
Acting Planning Director stated that Jim Barg, agent for Guy
Cherry, has requested exemption from the provisions of Ordinance No. 217
on Lot #6 of Tract No. 6788. The lot in question is approximately one
acre and has such conditions that it falls under the definition of a
hillside. The total earth -work on the property is estimated at 990 cubic
yards and will not substantially effect the appearance of the site. He
recommended that Council grant the request for exemption.
Moved by Councilman Weathers, seconded by Mayor Byrnes, and LOST,
to approve the foregoing recommendation and grant the exemption.
Councilman Weathers voted aye, Councilmen Byrnes, Chermak, Gammell and
Thorpe voted noe.
ADMINISTRATIVE - NONE
COMMUNICATIONS - (Written)
1. Village San Juan Homeowners Association - Regarding Speed
Limit Signs and Traffic Control Bumps.
The Director of Public works responded to the request by stating
their department will stencil and post the standard traffic control
25 MPH signs on Village Road. He would not recommend that
traffic control bumps be installed in the public street. He recommended
that Council direct the Sheriff's Department to patrol the area and
issue citations where appropriate.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to uphold the foregoing recommendation.
2. Casas Capistrano Association - Petition urging Council to
prohibit occupancy of Tract No. 7274 until after slope landscaping and
fencing is completed as stated in Westport's letter of March 30, 1973.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-5-29-6, prohibiting
occupancy of Tract No. 7274 until those requirements as embodied in the
agreement between Westport and the City are met.
COMMUNICATIONS - (Oral) - NONE
CONSENT CALENDAR MATTERS
1. Marco Forster Jr. High School - Request to sell candy from
May 18 thru June 1, 1973, door-to-door.
There were no objections and the request was approved.
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COMMITTEE REPORTS - NONE
STAFF REPORTS
1. Reports were presented from 1) City Engineer, 2) Planning
407
Department, and 3) Public Works Department. No action was required.
WARRANTS
1. Approval of Warrants for Period Ending May 275, 1973.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to approve Warrant Numbers 1948 thru 1990 in-
clusive in the total amount of $199,677.73.
COUNCIL REMARKS
1. Mayor Byrnes stated that the Council has received a draft
of the proposed City Newsletter and its contents, and requested that
Council review it and submit any suggestions they may have.
2. Mayor Byrnes reported that Mrs. Comer has been appointed
as the City's representative on the Parents for Pools Committee.
3. Mayor Byrnes reported that a representative from the Office
of Consumer Affairs will spend one day a week at the County Municipal
Office in Laguna Niguel.
4. Mayor Byrnes stated he has met with postal officials re-
garding their new location on Paseo Adelanto. He stated they are
willing to consider additional drop boxes once they move their office
and if the Council has any suggestions as to where they would like
them placed they should let the City Manager know.
5. Mayor Byrnes suggested the Council adopt a resolution
designating our desires as a community that the 200th anniversary of
the Mission be memorialized in the form of a special edition stamp.
Moved by Mayor Byrnes, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-5-29-7, approving the
foregoing and requesting that copies of said resolution be forwarded
to the appropriate postal authorities and State Congressmen.
6. Councilman Weathers reported he has met with the City Manager
and City Attorney regarding the Las Ramblas Interchange, and stated
it is their consensus that there is no equitable way the City can
assess the property owners in the area who will benefit from the inter-
change.
7. Councilman Weathers stated he has met with Councilman Gammell
regarding selected routes for the Mission Bell type street lighting, and
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it is their recommendation that the Mission Bell type lighting be
required for all future developments and that a program be undertaken,
as funds are available, to replace existing lighting with the Mission
Bell type, commencing with 1) Mission Control District, 2) Camino
Capistrano, 3) Del Obispo, and 4) Ortega Highway.
Following discussion it was moved by Councilman Weathers,
seconded by Councilman Gammell, to adopt Resolution No. 73 -5 -29 -
approving the foregoing recommendation.
Following further consideration it was moved by Councilman Gammell,—
seconded by Councilman Weathers, and unanimously carried, to table the
foregoing matter.
Mr. Carl Buchheim, City's representative to the County Mosquito
Abatement District, addressed the Council and discussed possible re-
organization of City representation as proposed by some members of the
District. He stated the subject may be discussed at a future League
of California Cities meeting, and requested that Council give him some
direction in this regard at the appropriate time.
Rf.CESS
Mayor Byrnes recessed the meeting at 8:45 p.m. for five -minutes
and adjourned to a personnel session immediately following.
The ,meeting reconvened in regular session at 9:15 p.m.
COUNCIL REMARKS CONTINUED
8. Councilman Gammell requested that the Sheriff's Department
be contacted regarding excessive speed in the alley behind the Post
office, fie also suggested that consideration be given to placing a
stop sign at the exit.
9. Councilman Gammell requested that the Sheriff's Department
be contacted regarding excessive speed on Alipaz St. Ile stated that
speed limit signs were posted recently but apparently are not being
observed.
10. Councilman Thorpe reported on his recent meeting of the
Intergovernmental Coordinating Council.
11. Councilman Thorpe reported on the meeting of the Citizens
Policy Plan Coordinating Committee held May 24 and outlined the schedule
o:' events and meetings from this date forward.
12. Councilman Chermak made reference to the Pacific Telephone
Company's junction box encroaching onto public -right-of-way on Camino
Capistrano in front of Mission Village Shopping Center.
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409
The City Engineer explained that the junction box was to have
been placed 2 to 3 feet closer to the curb,but because of an under-
ground storm drain it could not be done. It would cost the Pacific
Telephone Co. approximately $1500.00 to relocate the junction box else-
where.
Following discussion the Council agreed to view the site before
taking any action.
BIDS, CONTRACTS, AGREEMENTS
1. Landscape Construction of Bonito and Four Oaks Parks.
Mr. Paul Saito of Recreation Land Planners, advised the Council
of the following two bids received for this project:
Mallcraft, Inc. $ 116,200.00
Sukut-Coulson 73,300.00
He stated that the budget estimate was $49,466.00, however, they
feel they can reduce the scope of work in an attempt to induce more
contractors. He recommended that Council reject the bids and authorize
readvertising of the project.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, to reject the foregoing bids, authorize Recreation
Land Planners to readvertise with bid date to be set for June 27 at
11:00 a.m.
PLANNING COMMISSION MATTERS
1. Revised Grading Plan for Becton -Dickinson Co.
Acting Planning Director stated that due to geological problems
the Becton -Dickinson building will have to be moved 60 feet closer to
the freeway. The revised plans will effect the landscaping and the
parking in the front. All revised plans have been approved by the
Planning Commission and it is their recommendation that Council approve
the revised grading plan, designated as Exhibit "B", Sheet 8, subject
to technical review by the County Grading Department.
The revised grading plan was displayed and explained by Gary
Vander Wende of McCutchan & Associates, Pasadena.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to approve the revised grading plan, designated as
Exhibit "B", Sheet 8, as recommended by the Acting Planning Director.
5. Recommendation from Planning Commission on Tentative Tract
No. 6305 - Tracts 8070 and 8093 (Klug).
MAY 2 91973
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OActing Planning Director stated following Commission review,
it is their recommendation that the grading plans for Tracts #8070 and
#8093 conform as much as practicable to the hillside ordinance, in-
cluding vertical and horizontal curving, and landscaping, and approval
of said plans be made by the Planning Commission, and further, that
the remainder of Tract No. 6305 be resubmitted based on the hillside
ordinance.
Mayor Byrnes stated the Council is still faced with the developer's
request for exemption of Tracts #8070 and #8093 from the Hillside -'
Ordinance.
Mr. John Klug, Developer, addressed the Council and stated they
are ready to proceed with completion of plans for Tracts #8070 and #8093
in accordance with approved tentative map, and in accordance with all
conditions of approval, and further, with the condition imposed by the
Planning Commission, that the grading plan be revised to the satisfac-
tion of the City.
He stated that basically what they need is Council's concurrence
in the exemption of Tracts #8070 and #8093 from the Hillside Ordinance
and be in agreement for them to record the subject two developments.
He further added that they do not feel they are in a position
to completely redesign Tracts #8070 and #8093 as the grading plan for
said tracts very nearly conform to the requirements of the Hillside
Ordinance. The recommendation of the Planning Commission is satis-
factory to them. He requested that the Council take affirmative action
on Tracts #8070 and #8093.
Following consideration it was moved by Councilman Thorpe,
seconded by Councilman Weathers, and unanimously carried, to exempt
Tracts #8070 and #8093 from the hillside Ordinance, and that the grading
plans for Tracts #8070 and #8093 conform as much as practicable to the
Hillside Ordinance, including vertical and horizontal curving, and land-
scaping, and approval of these plans be made by the Planning Commission,
and that the remainder of Tract #6305 be required to be resubmitted
based on the Hillside Ordinance.
COI•IMUNICATIONS - (Oral)
1. Mr. John Neil Stanley, Attorney representing C. Michael,
addressed the Council with regard to their action taken earlier in the
meeting concerning park fees in lieu of land dedication. tie requested
that Council reconsider their action and explained the reasons therefor.
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411
The Council took no further action on the foregoing item.
The Council adjourned to a personnel session at 10:20 p.m. and
the following actions were taken:
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to appoint Douglas Nash to the Planning Commission
effective June 1, 1973.
Moved by Councilman Thorpe, seconded by Councilman Gammell, and
unanimously carried, to accept the resignation of Art Lavagnino from
the Planning Commission effective June 1, 1973, with regrets, and
direct staff to prepare appropriate commendations for presentation.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to adopt Resolution No. 73-5-29-1, Commending
Fred L. Newhart Jr. for his contribution to civic activities.
The meeting reconvened in regular session at 10:50 p.m. and
adjourned to Wednesday, May 30, 1973, for a personnel session at the
Franciscan Restaurant, 6:30 p.m.
ATTEST:
City Clerk
Rby L'�. B r As, M.D., Mayor of
the City o an Juan Capistrano
MAY 2,9 IJIJ