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73-0625_CC_Minutes_Regular Meeting427 JUNE 25, 1973 REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO A regular meeting of the City Council was called to order at 7:05 p.m. by Mayor Byrnes. The Pledge of Allegiance was recited. Invocation was given by Councilman James K. Weathers. Roll Call: Councilmen present: Roy L. Byrnes, Edward S. Chermak, Josh Gammell, James F. Thorpe, James K. Weathers Councilmen absent: None Approval of Minutes of June 4, 11 and 13, 1973. The minutes of June 4 were approved with correction to page 3, paragraph 3 of Council remarks. The minutes of June 11 were approved as written. The minutes of June 13 were corrected to show that Councilman Weathers was absent. Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to have all ordinances and resolutions for this meeting read by title only. PUBLIC HEARINGS 1. Proposed Vacation of a Portion of Ganado Drive. Mayor Byrnes opened the hearing and upon the recommendation of the City Engineer continued the matter to the next regular meeting. 2. RZ 73-107-T - Amendment to Zoning Ordinance - Commercial Uses. Mayor Byrnes opened the hearing. Acting Director of Planning stated that the ordinance revises the structure of the existing commercial zone utilized in the City. Mr. Larry Buchheim addressed the Council regarding the effective date of the ordinance, and requested the matter be continued in order for him to study the revisions more thoroughly. Mayor Byrnes closed the hearing with right to reopen at anytime. Various members of the Council indicated in view of the Citizen's Policy Plan efforts they felt the ordinance was somewhat premature and contained several inconsistencies. Moved by Councilman Thorpe, seconded by Mayor Byrnes, to approve RZ 73-107-T and introduce Ordinance No. 232. Following further consideration it was moved by Councilman .Weathers, seconded by Councilman Gammell, and carried, to table the matter to the next regular meeting. Councilman Thorpe voted noe. JUPt2 51973. 428 3. RZ 73-108-T - Amendment to Zoning Ordinance - Sign Amortization Schedule. Mayor Byrnes opened the hearing. Acting Director of Planning stated the proposed ordinance establishes an efficient and effective sign amortization schedule. Each owner of a potential non -conforming sign has been notified of this hearing. He also reported there are now approximately forty non- conforming signs in the City. The following persons addressed the Council in opposition to - the proposed amendment: Mr. Iddings - La Golondrina Motel - 32232 Camino Capistrano Mr. Al LeGay - Mission Inn Motor Hotel - 26891 Ortega Highway Mr. Frank Walker - Western Gas & Oil Corp. - 609 S. Grand Los Angeles Mr. Ted Stroschein - Mission Drive -In Theatre - 30002 Del Obispo Acting Director of Planning stated that the ordinance allows for offenders to request an extension of the abatement period and also appeal the classification of his sign into a specific abatement period. To implement the ordinance, staff intends to notify each violator upon the effective date of the ordinance, as to his status. Mayor Byrnes closed the hearing with right to reopen at anytime. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to approve RZ 73-108-T and introduce Ordinance No. 232. Attorney Okazaki read the foregoing ordinance by title only. BIDS, CONTRACTS, AGREEMENTS 1. Contract for Engineering Services with Woodside/Kubota and _ Associates - Casitas Capistrano Storm Drain Project. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, to approve the foregoing agreement and authorize the Mayor and City Clerk to execute. 2. Contract for Engineering Services with Woodside/Kubota and Associates - Amendment for Revised Fee Schedule. Moved by Councilman Gammell, seconded by Councilman Thorpe, and unanimously carried, to approve the foregoing agreement and authorize the Mayor and City Clerk to execute. - 2 - JUN 2 51313 3. Reimbursement Agreement for Major Storm Drain - Avenida 2 V Aeropuerto and Railroad Crossing. The City Engineer recommended that Dr. E.L. Watkins, (Capistrano Airport and Industrial Park), be granted the request as outlined in his memorandum of June 14, 1973, inasmuch as the Council has already approved the credit for the Airport development. There is no reimbursement or payment on the part of the City at this time. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to approve the foregoing recommendation of the City Engineer. 4. Reimbursement Agreement for Drainage Fees - San Juan Capistrano Valley Baptist Church. The City Engineer stated that the Church participated in the Del Obispo Street Impvt. Project and paid the sum of $8,253.85 toward the in- stallation of the Master Plan Storm Drain Facilities. They were required to pay for the total site a drainage assessment fee of $4,539.85; therefore, they are entitled to a reimbursement of $3,714.00. Moved by Councilman Gammell, seconded by Councilman Thorpe, and unanimously carried, to approve the foregoing agreement and authorize the Mayor and City Clerk to execute. 5. Acceptance of Right -of -Way Documents from Becton -Dickinson. The City Engineer stated that as a condition of approval of LUP 73-103, the dedication of right-of-way was required for Malaspina and Rancho Viejo Road, including temporary turn around areas at the end of both streets and the furnishing of necessary slope embankment and drainage easements extending from the road right-of-way to existing culverts under the freeway. Moved by Councilman Thorpe, seconded by Councilman Chermak, and ,unanimously carried, to accept the easement deeds as submitted and authorize the City Clerk to certify and record same. ORDINANCES, RESOLUTIONS 1. Second Reading of Ordinance No. 230 - Hillside Development Regulations. Moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried, to adopt Ordinance No. 230. Attorney Okazaki read the foregoing ordinance by title only. - 3 - JUN 2 51973 X34 2. Proposed Resolution Relating to Installation of Mission Bell Lighting Standards. Reference was made to cost per unit, and the City Engineer stated it is estimated that the initial cost will be $100 more than the conventional cobra -head type. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to adopt Resolution No. 73-6-25-1, requiring the Mission Bell lighting standards for all future developments, and as funds become available, existing standards to be replaced within specific — areas. Attorney Okazaki read the foregoing resolution by title only. SUBDIVISIONS, ANNEXATIONS 1. Tentative Map No. 8264 - Mission Glen Homes - Ortega Hgwy. Councilman Thorpe, Chairman of an Ad -Hoc Committee on this item, stated that on June 18, representatives of all the developers along Ortega Highway met with staff & Joe Wimer of the School District, to discuss potential school sites in the valley which may be utilized for elementary schools. Another meeting was held with representatives of the City Engineer, Planning Department and developers,to discuss traffic congestion on the Ortega Highway, and methods of improving same. He displayed maps illustrating the number of units existing, under con- struction and completed, together with a traffic study of Ortega Highway and its present alignment. Mr. Robert Maurer, Developer, expressed appreciation to the other developers on Ortega Highway and the City staff for their concern, and stated they hope to aide the school district in locating a possible school site south of the freeway. He also commented on the proposed connection of Calle Arroyo to La Novia. Following consideration Councilman Thorpe suggested that: 1) the engineering staff investigate the bend, just west of E1 Nido Mobile Estates, (outside alignment) and discuss with the Committee a possible solution on acquiring the right-of-way for that particular portion of the highway. 2) the City Attorney work with the staff on the proper language to provide for conditioning of subject tract. 3) the City Attorney prepare the appropriate document, (including a means of bonding) for the connection of Calle Arroyo to La Novia as a conditional approval of the tentative map. 4 JUN 2 5 1973 - - 431 4) the Council act on this item at the next regular meeting, and that when the next tract is presented for considera- tion, we review the school district situation and if we haven't a school site identified by then we hold up any further action. Moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, to approve the foregoing suggestions. Mr. Robert Maurer was agreeable to the continuation. 2. Tract No. 5657 - C. Michael. City Manager reported this item has been removed at the request of the developer and will appear on the next agenda. TEN MINUTE RECESS - 8:45 - 8:55 P.M. 3. Revised Grading Plan for Zaenglein Property. Mr. Myron Sukut, Developer, stated revised plan leaves E1 Horno Creek in its existing location rather than being diverted to the westerly side of the property adjacent to the freeway. They will eliminate any work within the channel until final development takes place. Mr. George Madsen, Acting Director of Public Works, displayed the revised grading plan and explained the overall grading concept. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, to approve the revised grading plan for the Zaenglein property as presented. 4. DOL 66-103 - Stroschein - Release of Bond. The City Engineer stated in view of the completion of the requirement for the full reimbursement to the City for the Del Obispo Street widening, he would recommend that Council exonerate Bond No. 391- 76-14 of the Hartford Insurance Group as provided by Dr. and Mrs. H.T. Stroschein. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to approve the foregoing recommendation of the City Engineer. PARKS & RECREATION MATTERS 1. Request from Commission for Consideration of Bird Sanctuary. Commissioner Surles addressed the Council stating it is the Commission's recommendation that an ordinance be adopted declaring the City of San Juan Capistrano as a bird sanctuary and providing for the protection of all wild birds. She stated it is not their desire this be limited to just swallows. She also made reference to letters from various individuals urging such action be taken. JUN 2 51913 - 5 - 3 2 Following discussion the Commission was requested to: 1) Prepare an ordinance for consideration at a future meeting, 2) Prepare sketches of proposed signing,designating same, and 3) Review the disadvantages of declaring City as bird sanctuary. City Manager stated there are two items in which the Council may wish to consider prior to final action, such as: 1) means of enforcing such an ordinance, and 2) use of firearms,inasmuch as they are not prohibited in the City. The Council took no further action at this time. PLANNING COMMISSION MATTERS 1. Report on Recent Planning Commission Actions - Meetings of June 12 and 19, 1973. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to place Zone Variance No. 73-1015, First Commercial Corporation, on the next Council agenda for review. 2. Consideration of Proposed Tree Ordinance. There being no objections the proposed ordinance was referred to the Acting Director of Planning for review and recommendation at a future meeting. 3. Discussion of Joint Commission/Council Study Session. The date of July 18 was scheduled for the meeting with time and place to be arranged. 4. A. V. Hohn - Regarding Change of Zone for Mobilehome Park. Mr. Jack Reich representing Mr. Hohn addressed the Council expressing a desire to construct a mobilehome park along the flood plain near the San Juan Creek. He questioned'whether the Council would favor such a development. Individual Councilmen indicated they would not approve any more mobilehome parks in the City in the near future inasmuch as San Juan Capi- strano has a higher percent than most cities in Orange County. 5. Planning Commission By -Laws. The City Manager made brief comments with regard to Section 3.1 (Appointment of Members), and Section 5.3 (Special Meetings). Hearing no objections from the Council, the Mayor stated that no official action would be taken at this time, but that the comments made should be noted to the Planning Commission. - 6 - rjUN 2 5 W3 ADMINISTRATIVE 1. Speed Limit on Alipaz Street. A speed study made on Alipaz Street by the County Road Depart- ment was presented. Acting Director of Public Works stated the posted speed is 25 M.P.H. and the critical speed (858) is 42.3 M.P.H. He recommended the speed limit be changed to 35 M.P.H. from Del Obispo Street to the narrow section which should remain 25 M.P.H. Moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried, to approve the foregoing recommendation. 2. City Treasurer's Report on 1911 Acts - 1964-1 and 1966-1. A summary of the current status of the 1911 Acts prepared by the Finance Department dated June 13, 1973, was presented. The Council accepted the report with no official action taken. 3. 1973-74 Budget - Date for Next Study Session. There being no objections, July 9 was scheduled for the next budget session following the regular Council meeting, with July 11 held as a tentative date if necessary. 4. Traffic Signals Project - Contract for Maintenance of Traffic Signals. The City Engineer stated that a proposal from TSM Co., Inc. was presented at the last Council meeting, and upon conclusion of delib- erations the staff was directed to pursue several aspects which is summarized in his memorandum of June 21. He further stated that another proposal has since been received from Signal Maintenance Co., but following review and comparison of costs, he would still recommend Council accept the proposal of TSM Co., Inc., as outlined at the last meeting. Moved by Councilman Chermak, seconded by Councilman Thorpe, and unanimously carried, to approve the foregoing recommendation and award the contract for traffic signal maintenance to TSM Co., Inc. 5. Status Report on Camino Capistrano Improvement. A. Excavation Permit and Shoring Plan.. Acting Director of Public Works stated it is necessary for the Contactor to obtain a permit to excavate from the State and submit a copy to the City as well as a detailed plan showing the design for shoring. It is necessary for the City to approve the plans submitted. - 7 - JUN 2 51973 L 3 4 Mr. Madsen stated the sub -contractor for this project has sub- mitted a plan which has been reviewed by their office, and has been approved by them and the State Division of Industrial Safety. He recom- mended Council approve the plan as submitted. Moved by Councilman Gammell, seconded by Councilman Chermak, and unanimously carried, to approve the foregoing recommendation. tendent. B. Camino Capistrano Improvement District -Street Superin- Acting Director of Public Works stated that due to the termination of T. J. Meadows it would be appropriate for the Council to specify that the appointment of an Acting Director of Public Works, in essence, in- cluded fulfilling the duties of Street Superintendent as far as the Camino Capistrano Improvement District is concerned. The City Manager recommended the Acting Director of Public Works be designated as Street Superintendent for all City projects. Moved by Councilman Gammell, seconded by Councilman Thorpe, and unanimously carried, to approve the recommendation of the City Manager. C. Costs for Saving Sycamore Street - Del Obispo Street. Acting Director of Public Works stated we have just received a cost estimate from Sully -Miller Contracting Co. to construct the tree well and irrigation system, in the amount of $4,932. In addition we have a cost estimate of $1,223 to install a grate inside the well to eliminate the hazard of people falling into the hole. This would make a total cost of $6,155 for a complete installation. He also presented cost figures for planting new Sycamore trees. He recommended removing the branch over the street and constructing a retaining wall and watering system. Councilman Weathers reported on a meeting he chaired with Mr. & Mrs. Doug Nash, (Mrs. Nash being the spokeswoman for "Save our Sycamore"), Acting Director of Public Works and the City Manager, to discuss means of saving the tree and the costs involved. He stated that Mr. Bruce Swarthout of First Commercial Corpora- tion has verbally quoted to Mrs. Nash that he would be willing to pay half the cost in an attempt to save the tree. It has also been suggested by the Committee that a collection be taken up to cover a portion of the cost. - 8 - JUN 251973 435 Councilman Weathers further stated that he also contacted Mr. Pat O'Brien, Landscape Architect, who after discussion of the tree, recommended the City not try to save it. Moved by Councilman Chermak, seconded by Councilman Gammell, that we contemplate the planting of new trees rather than attempt to save the Sycamore tree. Following discussion Councilman Chermak withdrew the motion with the consent of the second. Mrs. Doug Nash addressed the Council and requested they defer action for one more week so their Committee can investigate all possible alternatives. Moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried, to instruct the Contractor to leave the Sycamore tree out of his priority until further notification. v 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 July 2. COMMUNICATIONS - (Oral) None CONSENT CALENDAR MATTERS 1. A. W. De Raad - Request to Operate Popcorn Machine at South- east Corner of Camino Capistrano and Ortega Highway on Public Right -of -Way. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, to deny the foregoing request. AGREEMENT WITIi ORANGE COUNTY WATERWORKS DISTRICT NO. 4. 1. Mayor Byrnes presented the above agreement which relates to sick leave for T. J. Meadows, former Director of Public Works and now Manager of Waterworks District No. 4, and rescinds the agreement of March, 1970. Moved by Councilman Chermak, seconded by Councilman Weathers, and carried, to approve the foregoing agreement& authorize the Mayor and City Clerk to execute, subject to verification of hours by the City Personnel Department. Councilman Gammell voted noe. COMMITTEE REPORTS None - 9 - JUN 51973 36 STAFF REPORTS Reports were presented from the City Engineer, Finance Depart- ment and Planning Department for informational purposes only. WARRANTS 1. Approval of Warrants for Period Ending June 25, 1973. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to approve warrant numbers 2082 through 2125 in the amount of $186,364.58, and warrant number 100 in the amount of $1,935.41. Mayor Byrnes adjourned the meeting to a personnel session at 10:15 p.m. The meeting reconvened at 11:01 p.m. COUNCIL REMARKS 1. Councilman Chermak requested the City Manager find out what right-of-way the County plans to purchase in connection with its expendi- tures for the Prima Deshecha Disposal Site authorized by the Board of Supervisors. 2. Councilman Thorpe requested that the City Manager have staff look into erosion of Oso Creek at the northerly City limits and report on July 2 agenda. Mayor Byrnes adjourned the meeting to June 26, 8:00 p.m., San Juan Capistrano Elementary School. Meeting adjourned at 11:05 p.m. ATTEST: a city clerk Roy I:. kyr es, M.D. , Mayor City of Sa4 Juan Capistrano JUN 2 51973