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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 _ 3 - JUL 21973 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. - 4 - 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. J U L 21973 - 6 - 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 - 7 - JUL 21973 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. -8- 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