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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. - 2 - 'JUN. 1 1131a 3 419 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 3 JUN 111973 - - 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. - 4 - JUN 111973 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 -5- JUN 11973 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- - 6 - JUN IIW3 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. - 7 JUN 1 1 isle 51mi 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 - 8 - 'JUN 111971 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 'JUN1 113;