73-0611_CC_Minutes_Regular Meeting41'7
JUNE 11, 1973
REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
A regular meeting of the City Council was called to order at
7:10 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 29, 1973.
There being no objections the minutes of May 29, 1973, were
approved as written with minor correction to Page 11.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried,, to have all ordinances and resolutions for this
meeting read by title only.
SPECIAL PRESENTATION
1. Commending Arthur G. Lavagnino for Services as Planning
Commissioner.
Mayor Byrnes presented Mr. Lavagnino with a ceramic plaque in
recognition of his outstanding service to the community and commended
him for his devotion to the Planning Commission.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to adopt Resolution No. 73-6-11-1, Commending
Arthur G. Lavagnino for Services as Planning Commissioner.
Attorney Okazaki read the foregoing resolution by title only.
PUBLIC HEARINGS
1. Proposed Vacation of a Portion of Ganado Drive.
The City Engineer stated that the developer has not yet completed
the subdivision proceedings and has requested a deferral to a future
date.
There were no objections and so ordered.
2. Newcom-Holtz: Ul to PD -5 (Approximately 30 acres of land).
A. Acceptance of Environmental Impact Report.
The Acting Director of Planning stated that the Environmental
Review Board has reviewed the subject report and recommends it be accepted
as adequate per the State guidelines and the guidelines of the City.
JUN 111973
18 Mayor Byrnes declared the public hearing open.
Mr. Charles Price of Ultra -Systems who prepared the EIR re-
sponded to Council remarks concerning the report.
No other persons appeared before the Council and the hearing
closed.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to accept the EIR for RZ 73-101 with the recogni-
tion that some of the data is inadequate and reserving the right to
request the updating of said data at some future time. —
B. Hearing on Rezone RZ 73-101 - U1 to PD -5.
Mayor Byrnes declared the public hearing open.
Acting Director of Planning displayed an air photo depicting the
location and also a map outlining the subject property and surrounding
developments.
No one appeared in favor or in opposition to said rezone and
the hearing closed.
Discussion followed with regard to the density factor, the
number of existing and proposed developments on Ortega Highway, and the
population increase which would be generated.
Following consideration it was moved by Councilman Gammell,
seconded by Councilman Thorpe, and unanimously carried, to deny RZ 73-101.
3. Proposed Hillside Development Regulations - RZ 73-105-T.
Acting Director of Planning advised that approximately 20 letters
have been received from citizens of the community supporting the con-
cept of the hillside development regulations. The matter has been
heard by the Planning Commission and it is their recommendation that
Council approve the regulations by ordinance.
Mayor Byrnes declared the public hearing open.
No one appeared in favor or in opposition to the proposed
ordinance and the hearing closed immediately.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to introduce Ordinance No. 230, Amending Ordi-
nance No. 115 by Adding Section 4.24, Hillside Development Regulations.
Attorney Okazaki read the foregoing ordinance by title only.
BIDS, CONTRACTS, AGREEMENTS
1. Street Signals Project:
A. Acceptance of Traffic Signal Installation.
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419
The City Engineer stated that installation of traffic signals
and street lights at four intersections has been completed by
Steiny and Company, and it is his recommendation that Council accept
the project, authorize the recording of the Notice of Completion,
and authorize the Finance Director to pay Steiny and Company the
amount due in accordance with the contract.
He further stated that the Contractor is required to guarantee
the equipment for one year after acceptance by the City.
Moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried, to uphold the foregoing recommendation of
the City Engineer.
B. Award of Contract for Maintenance of Traffic Signals.
The Director of Public Works presented a proposal from Traffic
Signal Maintenance, Inc., to perform comprehensive maintenance for
the City's traffic signals. He stated that TSM at present is working
for over 80 agencies in California and would provide a 24-hour ser-
vice.
Moved by Councilman Thorpe, seconded by Mayor Byrnes, to follow
the recommendation and retain TSM, Inc. to maintain the traffic
signals.
Following discussion the foregoing motion was voted upon and
LOST. Councilmen Chermak and Thorpe voted aye, Councilmen Byrnes,
Gammell and Weathers voted noe.
The staff was directed to :
1) determine if the State could maintain the signals at
Ortega Highway, and
2) determine if an alternate company would provide the same
service on an on-call basis rather than by contract.
ORDINANCES, RESOLUTIONS
1. Second Reading of Ordinance No. 229 - Minimum Open Space
Requirements.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to adopt Ordinance No. 229.
Attorney Okazaki read the foregoing ordinance by title only.
2. Consideration of Deferral Resolution No. 73-3-12-7.
Acting Director of Planning recommended -that Council, by resolu-
tion, rescind the deferral resolution and direct staff to carry on
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4.20
routine business effective June 18, 1973, and further, direct staff
to accept applications and set tentative agenda dates for those
projects which are currently on the established waiting list.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 73-6-11-2, rescinding
Resolution No. 73-3-12-7 and approving the foregoing recommendation.
Attorney Okazaki read the foregoing resolution by title only.
3. Resolution Authorizing Participation in the Abandoned
Vehicle Program.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 73-6-11-3, authorizing
participation in the Abandoned Vehicle Abatement (AVA) Program of the
State of California.
Attorney Okazaki read the foregoing resolution by title only.
4. Proposed Urgency Ordinance Revising Parking Requirements.
Councilman Thorpe recommended that Council modify the City's
parking requirements as follows:
Amend Section 5.08.7 - H to read:
One parking space per 250 square feet of
floor area for the first 10,000 square
feet of floor area and one parking space
per 350 square feet of floor area over
10,000 square feet.
Amend Section 5.08.7 - I to read:
One parking space for each 150 square
feet of floor area except area devoted
exclusively to storage.
Amend Section 5.08.7 - O to read:
Three parking spaces for each four employees
or for every 350 square feet of open or
enclosed area devoted to the compounding,
manufacturing or processing of any goods
or articles, whichever is greater, plus
one parking space for each vehicle used
in conjunction with the use. .
Amend Section 5.08.7 - Q to read:
One stall per 250 square feet of floor area;
however, in no case shall there be less than
five stalls per doctor.
Councilman Thorpe stated the ordinance would be in effect for
four months until a permanent ordinance was adopted.
Moved by Councilman Thorpe, seconded by Councilman Gammell, to
adopt Urgency Ordinance No. 231, amending Ordinance No. 115 relating
to parking requirements.
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421
TEN MINUTE RECESS - 8:45 - 8:55 P.M.
The foregoing Urgency Ordinance was voted upon and carried with
Councilman Weathers voting noe.
Attorney Okazaki read the foregoing ordinance by title only.
SUBDIVISIONS, ANNEXATIONS
1A. Tract No. 5657 - C. Michael, Inc.
The City Engineer stated that there are still some items which
have not been received in order to complete final tract map approval.
There being no objections this item was held over to the June
25 meeting.
1B. Air Easement - C. Michael, Inc.
Councilman Chermak stated he met with the City Attorney and
representatives of C. Michael, Inc., to draw up the proposed air
easement, which he feels is adequate and written to protect the airport
and its use.
Moved by Councilman Chermak, seconded by Councilman Weathers,
to accept the foregoing air avigational easement as presented.
Councilman Thorpe indicated he would prefer the air easement to
be over the entire tract due to possible over -flights.
Councilman Weathers stated he would like the developer to
display a map of the subject air easement in their on-site sales office.
Mr. John Neil Stanley, Attorney for C. Michael, Inc., stated
he was opposed to the easement over the entire tract as he does not
feel it is necessary.
Following discussion it was moved by Councilman Thorpe, seconded
by Councilman Gammell, and unanimously carried, to amend the fore-
going motion to include the entire C. Michael Tract.
The original motion was voted upon and carried unanimously.
2. Approval of Final Tract Map - Tract No. 7112 - Klug.
The City Engineer stated that their office has processed the final
tract map and recommended that Council accept same, including bonds
and fees, and authorize execution of the public improvement agreement
and tract map.
The Acting Director of Planning stated that the final map for
this tract contains a parcel which was intended for park dedication
purposes, and in view of the City policy, the Planning Department has
required payment of fees for the entire tract allowing no dedication
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422
or private credit. He recommended that Council determine that in
lieu fees only shall be accepted for Tract No. 7112.
Moved by Cor ncilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to approve the foregoing recommendation of the
Acting Director of Planning.
Moved by Councilman Thorpe, seconded by Councilman Gammell, and
unanimously carried, to follow the recommendation of the City Engineer
and accept Final Tract Map No. 7112 as presented.
3. Approval of Tentative Tract Map No. 6264 (Mission Glen/Maurer).
Acting Director of Planning stated that the subject tentative map
was approved by the Planning Commission, subject to conditions, at
their meeting of June S, 1973. He presented a copy of the Conditions
of Approval and recommended that Council take no action, thereby
affirming the Planning Commission action.
Discussion followed with regard to the impact the subject
development would have on the school district and the increased traffic
on Ortega Highway.
Moved by Councilman Thorpe, seconded by Councilman Weathers,
to deny Tentative Map No. 8264.
Mr. Robert Maurer, developer, addressed the Council stating that
originally his plan was designed for 170 units but has been revised
to 149 units to allow more open area in the center of the development.
He further stated that the zoning was approved by the Council in
January of this year, and the Environmental Impact'Report accepted as
adequate. He requested direction from the Council in order to proceed.
Following consideration it was moved by Councilman Weathers,
seconded by Councilman Gammell, and unanimously carried, to table the
foregoing motion.
Councilman Thorpe was appointed Chairman of an ad-hoc committee
to meet with the developer, members of staff,and the school district
to pursue this item further.
PARKS & RECREATION MATTERS - NONE
ADMINISTRATIVE
1. Progress Report on Camino Capistrano Improvement Project.
The City Engineer advised that the Contractor Sully -Miller will
commence work on June 18. He recommended that Council adopt a resolu-
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42;
tion authorizing the City Attorney to proceed with condemnation
action if necessary for the acquisition of right-of-way for the
Hernandez and Upchurch property. He also requested approval from
Council to deposit $10,500 in escrow for the purchase of the neces-
sary right-of-way from Mr. Aguilar on Del Obispo Street.
He further added that the Contractor has made a specific request
for the City to grant permission for the establishment of a construc-
tion office on the north side of La Zanja Street in Long Park.
Mr. Kubota also stated that due to changing economic conditions
the cost for construction surveying services have increased, and
accordingly they are requesting that the Schedule of Hourly Fees
in -their 1911 Act contract be amended to read:
Field Surveying -
2 -man crew $42.00/hr.
3 -man crew $53.00/hr.
Reference was also made to a request from Bruce Swarthout, to
consider the practicability of saving the large Sycamore tree located
on the south side of Del Obispo Street just westerly of the Railroad
t racks.
Moved by Councilman Chermak, seconded by Councilman Thorpe, and
unanimously carried, to adopt Resolution No. 73-6-11-4, authorizing
the City Attorney to proceed with immediate possession of parcels
required for the necessary right-of-way on Camino Capistrano.
Attorney Okazaki read the foregoing resolution by title only.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, to permit the Sully -Miller Contracting Co. to
establish a construction office on the north side of La Zanja Street
in Long Park as outlined.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to approve the amended Schedule of Hourly Fees as
recommended by the City Engineer.
Mrs. Carolyn Nash, resident, addressed the Council and urged that
the Sycamore tree on Del Obispo at the Railroad tracks be saved.
Mr. Bruce Swarthout addressed the Council stating he would rest
on the Council's and City Engineer's judgment as to whether the tree
should be removed. preserved, and allocation of cost between City and
property owner.
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JUN 1 1 isle
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Moved by Councilman Thorpe, seconded by Councilman Gammell,
and unanimously carried, to direct the City Engineer to develop
alternate methods of how to save the Sycamore tree, estimating the
cost of same, and that the Contractor be instructed to work around
the tree until further notice.
COMMUNICATIONS - (Written)
1. City of Newport Beach - Resolution Calling for the Dissolu-
tion of the Orange County Mosquito Abatement District.
There being no objections this item was carried over to the
June 25 meeting.
2. League of California Cities - Relating to Reapportionment.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-6-11-5, protesting
the Legislators action on reapportionment and suggesting an alternative.
Attorney Okazaki read the foregoing resolution by title only.
3. Lapple Claim for Damages.
City Manager reported that Mr. Lapple's son on May 3, 1973, while
riding his motorcycle on Ortega Highway allegedly skidded on an oily
surface sustaining minor injuries and damage to his machine. Sub-
sequently, our liability insurance company denied City liability and
refused compensation for damages.
He further added that Mr. Lapple intends to make claim in small
claims court and in order to do so his claim must first be denied by
the City Council.
Reference was made to a report from the Director of Public Works
indicating the City immediately responded when made aware of the
hazardous condition in its right of way.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to deny the claim of Charles Lapple.
COMMUNICATIONS - (Oral) - NONE
PLANNING COMMISSION MATTERS
1, Setting of Dates for Public Hearings.
It was recommended the following items be scheduled for hearings:
Zoning Ordinance Amendments
RZ 73-107-T Commercial Uses - June 25
RZ 73-108-T Sign Amortization Schedule - June 25
General Plan Elements
Land Use Element - July 2
Open Space and Conservation Element - July 2
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Parks and Recreation Element - July 2
425
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to approve the foregoing recommendation.
WARRANTS
1. Approval of Warrants for Period Ending June 11, 1973.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to approve warrant numbers 2042 through 2081
for the total amount of $368,822.23.
ADMINISTRATIVE CONTINUED
4. Federal Revenue Sharing.
Moved by Councilman Thorpe, seconded by Councilman Gammell, and
unanimously carried, that Entitlement Period Three in the amount of
$22,081.00 of Federal Revenue Sharing Funds be placed in a special
account for future purchase of open space.
3. Appointment of an Interim Director of Public Works.
The Director of Public Works recommended that Council appoint
Mr. George Madsen, Senior Vice President of Woodside/Kubota and
Associates, as Acting Director of Public Works until a full-time regular
Director is appointed, on or about July 15.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to approve the foregoing recommendation, as
needed, effective June 15, 1973.
CONSENT CALENDAR MATTERS
1. Fuller Brush Co. - Request to solicit door-to-door.
2. Applications for Fireworks Stands:
A. Dana Hills High School
B. South Coast Y.M.C.A.
There being no objections the foregoing requests were approved.
COUNCIL REMARKS - NONE
Mayor Byrnes adjourned the meeting to a personnel session at
10:32 p.m. The meeting reconvened at 11:15 p.m, and adjourned to
Wednesday, June 13, 7:00 p.m. at the Franciscan Restaurant for a
personnel session.
ATTEST:
City clerk
Roy L. xyrnes,'M. •,
City of San Jun CF
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