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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 - 2 - 4W 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. - 3 - MAY 2 y iyi3 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 - 4 - 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. -s - 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. - 6 - MAY 291973 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 - 7 - MAY 2 91973 40b 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. ��� 2 91973 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 - 9 - 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. - 10 - MAY 2 91973 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