73-0702_CC_Minutes_Regular Meeting4-37
JULY 2, 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 Vice -Mayor James K. Weathers.
Roll Call: Councilmen present: Roy L. Byrnes, Edward S.
Chermak, Josh Gammell, James
F. Thorpe, James K. Weathers
Councilmen absent: None
Ex officio: Andersen, Kubota, Madsen, Okazaki, O'Sullivan,
Smith, Weidner
Approval of Minutes - None
Moved by Councilman Weathers, seconded by Councilman Thorpe,
and unanimously carried, to have all ordinances and resolutions for
this meeting read by title only.
PUBLTC HEARINGS
1. Continued Hearing on Proposed Vacation of a Portion of
Ganado Drive.
Mayor By-rnes opened the public hearing.
Acting Director of Public Works recommended hearing be con-
tinued to July 23rd meeting.
There were no objections and the hearing continued to July 23rd.
2. Continued Hearing on RZ 73-107-T - Amendment to Zoning
Ordinance - Commercial Uses.
Mayor Byrnes opened the public hearing. No one appeared in
favor or in opposition and the hearing closed immediately.
Reference was made to a letter from the Chamber of Commerce
dated June 26, requesting Council delay further consideration of the
subject revision as they have appointed a committee to study the pro-
posal further.
There being no objections the hearing was continued to July 23rd.
3. Revision to General Plan:
A. Open Space and Conservation Elements
B. Land Use Element '
C. Parks 6 Recreation Element
Mayor Byrnes opened the public hearing.
No one appeared in favor or in opposition and the hearing closed
with right to re -open at anytime.
JUL z iszl
38 Open Space and Conservation Element:
Acting Director of Planning reported that due to recent legisla-
tion, AB 966 and 1301 have been extended to December 31, 1973 and
January 1, 1974, as the mandatory dates for adoption of the foregoing
elements.
He presented his staff report and stated the Planning Commission
approved the proposed Open Space and Conservation. Element on June 5,1973.
Mr. Carl Neuhausen of Haworth/Anderson/Lafer, Planning Con-
sultants, addressed the Council and explained the map displayed. He
stated the intent of the Open Space and Conservation Element is to take
into consideration those open space areas as necessary for the preser-
vation and conservation of natural resources, recreation, scenic beauty
and areas of historic and cultural value, and the protection of public
health and safety. He further added that the final portion of the
element contains a series of ordinances, either currently in effect or
proposed. The proposed ordinances would be adopted through separate process
Land Use Element:
Acting Director of Planning presented his staff report stating
the existing zoning map was used as the basis for modifying the Land Use
Element of the General Plan in order to meet'the requirements of AB 1301.
He made reference to the proposed changes and displayed maps depicting
the existing Land Use Element and the proposed Land Use Element. He
stated the Commission approved same at their meeting June 5, 1973.
Parks & Recreation Element:
Acting Director of Planning stated that in revising the
Land Use Element, it was noted that there were several park areas
identified which are in conflict with the City'.s actions in regard to
obtaining such uses. A review of the existing Parks and Recreation
Element also indicated that it is in conflict with Ordinance No. 210
(Park Fees). The text of the element has been revised to reflect the
current state of affairs in the City. There is no map for this element.
The Planning Commission approved proposed amendment on June 5, 1973.
Following discussion of the proposed revisions to the General
Plan, it was moved by Councilman Gammell, seconded by Councilman Thorpe,
and unanimously carried, to adopt Resolution No. 73-7-2-1, approving
the proposed Open Space and Conservation Elements.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 73-7-2-2, approving the
_ 2 _ J u L 21973
proposed revision to the Land Use Element of the General Plan. 439
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 73-7-2-3, approving
the proposed revision to the Parks & Recreation Element of the General
Plan.
4. Abatement of Abandoned Vehicle - Off Mission Street near
Los Rios.
City Manager stated that both the property owner and the
vehicle owner have been notified in accordance with the provisions of
Ordinance No. 182, and it is his recommendation that Council declare
the vehicle to be a public nuisance and order it to be abated at
City's expense.
Mayor Byrnes opened the public hearing. No one appeared in
favor or in opposition and the hearing closed immediately.
Moved by Councilman Weathers, seconded by Councilman Thorpe,
and unanimously carried, to follow the recommendation of the City Manager.
BIDS, CONTRACTS, AGREEMENTS
1. Review of Bids - Landscape Construction for Bonito and
Four Oaks Parks.
Mayor Byrnes stated this item would be deferred to later in
the meeting.
2. Acceptance of Easement for Right -of -Way - DOL 73-101 -
First Commercial Corporation.
Acting Director of Public Works stated that one of the condi-
tions of approval of the subject division of land was the dedication
of an easement for utilities and sewer purposes. He recommended that
Council accept sane and authorize the City Clerk to certify and record.
Moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried, to approve the foregoing recommendation.
ORDINANCES, RESOLUTIONS
1. Amendment to Ordinance No. 182 (Abandoned Vehicles) -
Relating to Mailing of Notices.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to introduce Ordinance No. 233.
Attorney Okazaki read the foregoing ordinance by title only.
SUBDIVISIONS, ANNEXATIONS
1. Tentative Tract No. 8264 - Mission Glen Homes -
Mayor Byrnes stated this item was continued for the delineation
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40o f additional conditions of approval and further report from staff.
Acting Diractor of Public Works advised that in reviewing
the State alignment for Ortega highway he has found that the new
alignment extends 65 feet north of the existing alignment. In order
to construct the southerly half of Ortega Highway on the new alignment
it would require a considerable amount of right-of-way and a slope
easement on the north side.
He recommended the City Engineer and Developer coordinate the
problem with the State Division of Highways and come back with a
recommended solution to City Council.
Acting Director of Planning recommended approval of Tentative
Map for Tract 8264 subject to conditions of approval as imposed by the
Planning Commission and including:
1. That prior to recordation of the final map, all right-of-
way on the southside of Ortega Highway between Interstate
5 and the easterly boundary of said tract, and that portion
on the bend just west of E1 Nido Mobile Home Estates on
the northside must be secured in a manner satisfactory to
the City Council. Subject right-of-way to be as identified
on the realignment maps of the State Division of Highways.
2. That prior to recordation of the final map, right-of-way
must be secured and a bond must be posted to cover the
construction of Calle Arroyo from its easterly point in
Tentative Tract 7626 to its westerly point in Tract No.
5592. If right-of-way deed is not possible at time of
recordation, an agreement and bond would be required for
the right-of-way requirement in a manner satisfactory to
the City Council.
During course of discussion it was moved by Councilman Thorpe
and seconded by Councilman Weathers, to uphold the foregoing recom-
mendation of the Acting Director of Planning, with possible re -phrasing
by City Attorney where deemed appropriate.
staff.
The tentative map was displayed and the concept reviewed by
The motion was voted upon and carried unanimously.
2. Proposed De -Annexation of Property Adjacent to San Clemente.
Acting Director of Public Works stated that on June 20, 1973,
the City received a letter from State Mutual Savings & also from Tom
Landolf who holds an option to purchase the subject property containing
17.39 acres. The parcel is located on a hill adjacent to the City of
San Clemente off Las Ramblas. Its only access is through the City of
San Clemente. It could be served by an existing sewer line in Las
Ramblas; however, it would require a steep run downhill. across the ad-
jacent property.
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JUL 21973
441
The main problem of servicing this area would be that of
furnishing water. Due to its high elevation, water from Orange County
Waterworks District No. 4 would require a pump station and an expensive
system with expensive maintenance. It would appear from the physical
location that this parcel of land could be better served by the City
of San Clemente.
He further reported that he has discussed the de -annexation
with the City Engineer of San Clemente who commented that he saw no
engineering problems with the proposed de -annexation. The Engineer
also commented that there were other areas, specifically a site where
San Clemente water reservoiris located that might also be considered
for de -annexation by San Juan Capistrano and annexed to San Clemente.
It was also suggested this whole area might be considered at
one time to establish a boundary line that would properly divide water,
sewer and drainage service areas.
Councilman Chermak suggested in view of the City's recent
Hillside Ordinance that Council view the site before taking any action.
Mr. Tom Landolf, applicant, 2209 Cliff Drive, Newport Beach,
stated his basic reason for the request is based upon the inability
of San Juan Capistrano to provide adequate service to the subject
property. The property as it is now situated does not have access -
ability to water and sewer. It has been indicated by the City of San
Clemente that an annexation would be favorable because it would re -align
boundary lines between the two cities.
He further stated that the subject property is not contiguous
to the Las Ramblas and that the property in between is approximately
22 acres. The property in question is a continuation of Harbor Estates
which is in San Clemente.
Following discussion this matter was continued to July 23rd and
the staff was requested to reproduce a better map sufficiently identify-
ing the subject property, submit information as to future developments
in the area, and report as to whether it would be more beneficial to
the City to act on this property separately or include other property
as discussed and de -annex as a whole.
BIDS, CONTRACTS, AGREEMENTS
1. Review of Bids - Landscape Construction of Bonito and Four
Oaks Parks.
Mr. Paul Saito of Recreation Land Planners reported that bids
JUL 21973
5 -
14 ere received on June 27, with Rockport Construction Co. being the
low bidder at $51,437.00. In revising the plans and specifications
two alternates were added -
Additive Alternate "A" - Landscape Planting of Bonito Park
Deductive Alternate "B" - Change of Block Size from 4" to 6"
He stated the revised plans,as bid,only include masonry walls,
underground electrical panel, grading and irrigation system. If the
budget allows, he would recommend including Alternate A & B as part of
the total contract.
The Council briefly discussed annual maintenance costs for both
parks and funding of same.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to accept the bid of Rockport Construction Co.
with both alternates for a total of $52,487.00.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to direct Recreation Land Planners to re -advertise
for turfing for both parks, with further landscaping to be added as
an alternate.
RECESS - 9:00 - 9:10 P.M.
PARKS & RECREATION MATTERS - NONE
PLANNING COMMISSION MATTERS
1. Review of ZV 73-1014 - First Commercial Corporation - Parking
Variance, Downtown Parking Plan.
Acting Director of Planning stated this request was initiated by
the First Commercial Corporation and was generated as a result of the
presentation of precise plans by the proposed Capistrano Depot Restau-
rant. He presented copies of the Planning Commission minutes, staff
report and displayed a map showing the preliminary parking and circula-
tion plan.
Mr. Mike Myers of First Commercial Corporation stated he has
pictures available to justify the graphic figures for parking.
Following consideration it was moved by Councilman Thorpe,'
seconded by Councilman Chermak, and carried, to appeal the decision of
the' Planning Commission and schedule the foregoing item for public
hearing on July 23rd. Mayor Byrnes and Councilmen Weathers voted noe.
ADMINISTRATIVE
1. Northbound Bicycle Lane on Del Obispo Street.
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443
Acting Director of Public Works stated the City striped a
bicycle lane on the southbound portion of Del Obispo Street from Alipaz
to the southerly City limits. The recommendation at that time was to
place the bicycle lane & observe its use until the County had completed
Del Obispo southerly of the City limits and had established their
bicycle lanes before the City proceeded with the northbound lane.
The northbound portion has two areas with full street improve-
ments where there may be a desire to have parking as well as a bicycle
lane. These areas are adjacent to the Marco Forster Junior High School
and the Baptist Church. He recommended Council approve striping for
the northbound traffic lanes upon completion of the McMichael Tract
7912, and place the bicycle lane line 12 feet from the curb adjacent to
the Marco Forster High School and the Baptist Church.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
carried, to uphold the foregoing recommendation of the Acting Director
of Public Works. Councilman Thorpe voted noe.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
carried, that anywhere we cannot provide at least a 12 foot bicycle lane
on Del Obispo Street, that no parking be allowed on the curb or shoulder.
Councilman Gammell voted noe.
2. Consideration of Agreement with World Repair, Inc.
(Recycling Center).
There being no objections, the City Manager was requested to
report at the first meeting in August as to World Repair's operations,
management problems and non-profit status.
3. Camino Capistrano Improvement District - Disposition of
Sycamore Tree.
Mrs. Doug Nash, representing "Save our Sycamore" addressed the
Council and stated their Committee has collected a total of $1,816.00
to help defray the cost of saving the Sycamore tree.
Mrs. Fran Frost, member of the Committee, stated they have con-
tacted other engineering and architectural firms regarding the cost
of saving the tree, & were given a bid quotation of approximately
$4,000, as opposed to the $6,000 cost quoted by Sully -Miller, the
Contractor for this project.
Moved by Councilman Weathers, seconded by Councilman Thorpe,
and unanimously carried, that the City Enginner be instructed to proceed
with the trimming of the northerly limb of the tree, and solicit bids
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44
for the
approved
plan for the tree well
and grading; with the distribu-
-ion of costs to be determined at a later time.
4. Preliminary Report on Erosion Control in Oso Creek.
Acting Director of Public Works stated he contacted the County
Flood Control District regarding a solution to the problem of erosion
in Oso Creek at the north end of the City, and the District's response
was that the City should include this as a possible project in the
1974-75 Flood Control Budget.
Moved by Councilman Chermak, seconded by Councilman Thorpe, and
unanimously carried, to direct the Acting Director of Public Works
to prepare the appropriate application for submission in the 1974-75
County Flood Control Budget.
COMMUNICATIONS - (Written)
1. Arlin Rude - Claim for Weed Abatement Assessment on Property
at 31512 San Juan Creek Road - $450.00.
Mr. Rude addressed the Council stating that until now his property
has not been disced in 4-1/2 years. Damage has been done to his drive-
way by heavy equipment and he feels some reimbursement should be made
by the City.
City Manager stated he has viewed the property and suggested the
City provide additional work on the property in question to eliminate
disc furrows and large clods of dirt.
Moved by Councilman Chermak, seconded by Councilman Thorpe, and
unanimously carried, to deny the claim of Arlin Rude in the amount of
$450.00.
The City Manager was requested to coordinate the appropriate
work to be handled by City staff.
2. City of Newport Beach - Resolution Calling for the Dissolu-
tion of the Orange County Mosquito Abatement District.
The foregoing item was carried over to July 9.
COMMUNICATIONS — (Oral)
NONE
CONSENT CALENDAR MATTERS
NONE
COMMITTEE REPORTS
NONE
WARRANTS
1. Approval of Warrants for Period Ending July 2, 1973.
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JUS. .2.973
445
Moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, to approve warrant numbers 2126 through 2138
for the total amount of $1,957.71.
COUNCIL REMARKS
Councilman Chermak requested City Manager to discuss with the
management of the Mission Drive -In Theatre the traffic problem into
the theatre prior to opening of the box office.
Mayor Byrnes adjourned the meeting to a personnel session at
10:15 p.m.
During the personnel session it was moved by Councilman Weathers,
seconded by Councilman Gammell, and carried, to appoint Phillip Schwartze
to the Planning Commission to replace vacancy of Jim Barg. Councilman
Chermak voted noe.
The meeting adjourned at 10:47 p.m.
ATTEST:
1
r
City Clerk
City of San Puan Capistrano
J U L 21973