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73-0723_CC_Minutes_Regular Meeting451 JULY 23, 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 Councilman Chermak. 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, O'Sullivan, Smith, Weidner; Welputt Approval of Minutes of July 2 and 9, 1973. There being no additions or corrections, the foregoing minutes were approved as written. Moved by Councilman Gammell, seconded by Councilman Thorpe, and unanimously carried, to have all ordinances and resolutions for this meeting read by title only. PUBLIC HEARINGS 1. Continued Hearing on Proposed Vacation of a Portion of Ganado Drive. Mayor Byrnes opened the hearing. No one responded in favor or in opposition and the hearing closed immediately. There being no objections, the hearing was continued to August 27. 2. Continued Hearing on RZ 73-107-T - Proposed Amendment to Zoning Ordinance No. 115 Regarding Commercial Uses. Mayor Byrnes declared the public hearing open. The Director of Planning stated that during the past week he has been in conference with many of the property owners and attorneys, the topic being the impact of the proposal upon their development plans for specific parcels. fie recommended Council refer the matter to the Planning Commission for further consideration and rehearing including the rezoning of specific properties, as applicable, to minimize undue inconvenience and possible hardship in the enactment of the text change. Reference was also made to the number of letters received requesting Council oppose the proposed ordinance amendment. No one appeared in favor of the proposed amendment. JUL 23W3 CC 5 2 The following persons addressed the Council in opposition to the proposed amendment, stating their reasons therefor: anytime. Mr. Warren Sikora, Attorney representing the Buchheim family, property owners of 30 acres of land located east of Camino Capistrano, south of Junipero Serra and west of the San Diego Freeway, presently zoned C-1. Mr. George Bozo, representing the Chamber of Commerce. (Reference was made to a letter from the Chamber dated July 19, 1973, listing five reasons for opposition). Mr. Jim Spaulding of Spaulding Equipment Co., 32232 Paseo Adelanto. (Requested Council reinstate the category of light manufacturing as a conditional use in the C-2 zone). Mr. Charles Slagel, Attorney representing Mr. & Mrs. Stroscheim, affected property owners. (Requested they be given opportunity to study the matter further as they were not aware of the proposed revision). Mr. Ted Kopp, property owner and businessman. (Con- curred with the remarks of Jim Spaulding, and also indicated he felt the City should be developed for the citizens and not just for the tourist oriented). Mayor Byrnes closed the hearing with right to re -open at Following discussion it was moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to refer the foregoing matter to the Planning Commission for further consideration. 3. Zone Variance 73-1014 - First Commercial Corporation - Parking Variance. Mayor Byrnes declared the public hearing open. The Director of Planning stated the subject variance was granted by the Planning Commission, however, the setting of conditions has not been completed pending the results of this hearing. He recommended that Council uphold the decision of the Planning Commission and direct them to add whatever conditions they deem appropriate. The following persons appeared in favor of the zone variance: Mr. Art Lavagnino, Architect for the project Mr. Mike Myers of First Commercial Corporation Mr. Bob McCollum, Resident Mr. Mike Darnold, representing the Chamber of Commerce Mr. Pete Tyson, operator of the Depot Restaurant No one addressed the Council in opposition, and the hearing was closed. - 2 - JUL 23IJ73 7/23/73 cc 453 Moved by Councilman Gammell, seconded by Councilman Thorpe, and unanimously carried, to uphold the decision of the Planning Commis- sion, provided that involved landowners and tenants be included in any forthcoming parking assessment district, and that their minimum amount of participation be detailed in the conditions of approval. Moved by Councilman Thorpe, seconded by Councilman weathers, and unanimously carried, to direct staff to initiate proceedings for the formation of a parking assessment district in the downtown Mission District. 4. Proposed Budget for Fiscal Year 1973-1974. Mayor Byrnes declared the public hearing open. Mrs. Marilyn Williams, resident and businesswoman, addressed the Council making comments with regard to assessed valuation, sales tax, property tax and business licensing. There being no other persons desiring to address the Council, the hearing was closed and adoption of the budget deferred until later in the meeting. BIDS, CONTRACTS, AGREEMENTS 1. Approval of Change Order No. 1 with Sully -Miller Con- tracting Co. - Camino Capistrano Improvement District. It was recommended by the Senior Project Engineer that Council approve Change Order No. 1 as follows: Show a net reduction of $50.00 for not removing Sycamore tree on Del Obispo and approve thick lift section with prime and seal coats on Camino Capistrano at a cost of $0.597 per square foot. This would reduce the amount of roadway excava- tion from $9,100 cubic yards to 7,775 cubic yards at the same unit price of $2.60 per cubic yard. Moved by Councilman Chermak, seconded by Councilman Thorpe, and unanimously carried, to uphold the foregoing recommendation. 2. Approval of Letter Agreement with the Archdiocese of Los Angeles for Underground Utility Conversion on the Mission Property - Camino Capistrano Improvement District. Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to approve the foregoing agreement and authorize the Superintendent of Streets to execute on behalf of the City, and that a copy be forwarded to the Archdiocese of Los Angeles. JUL 2 31$73 - 3 - 7/'23/73 154 ORDINANCES, RESOLUTIONS 1. Second Reading of Ordinance No. 233 - Amending Ordinance No. 182 regarding Mailing of Notices. Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to adopt Ordinance No. 233 Attorney Welputt read the foregoing ordinance by title only. 2. Resolutions Approving "No Parking" Signs in Certain Areas. The City Engineer stated that due to problems resulting from increased traffic and uncontrolled parking conditions, their office recommends "No Parking" zones for the following specific areas: Oso Road: South Side - from Avenida De La Vista to Santa Fe Railway right-of-way. Avenida Aeropuerto: Souter de - from 50 feet west of Calle Aviador to Santa Fe Railway right-of-way. North Side - from 50 feet west of Calle Perfecto to Santa Fe Railway right-of-way. Moved by Councilman Gammell, seconded by Mayor Byrnes, and carried, to adopt Resolution No. 73-7-23-1, establishing "No Parking" areas on Oso Road. Councilman Thorpe voted noe and Councilman Chermak abstained. Moved by Councilman Chermak, seconded by Councilman Thorpe, and carried, to adopt Resolution No. 73-7-23-2, establishing "No Parking" areas on the north and south side of Avenida Aeropuerto. Councilman Gammell and Mayor Byrnes voted noe. Attorney Welputt read the foregoing resolutions by title only. SUBDIVISIONS, ANNEXATIONS 1.. Request for De -Annexation of Property by Tom Landol•f. A memorandum dated July 18 from the City Manager, listing three — alternatives for Council consideration, was presented and discussed. Moved by Councilman Chermak, seconded by Councilman Weathers, to deny the request for de -annexation. During discussion it was pointed out that the subject property could be served by Water Works District #4 and connected to the City's sewer system. Mr. Tom Landolf, applicant, stated it is his understanding that the City of San Clemente would like to include the school district property (AP #675-061-01) & the reservoir property (AP #675-011-08), contiguous to the subject 17 acres & submit entire package to LAFCO for consideration. - 4 - JUL2344 / L .3/ /a CC The motion was voted upon and lost 4 to 1 with Councilman Chermak voting aye. 455 Moved by Councilman Thorpe, seconded by Councilman Weathers, and carried, to direct staff to meet with the City of San Clemente on this matter, and draft some type of joint proposal which would encompass consideration of the subject parcels which would better serve both cities in this area, and bring back a definite recommendation to Council for further discussion and action. Councilman Chermak voted noe. RECESS - 8:40 - 8:55 P.M. 2. Grading Plan for Tracts 8070 and 8093 - (Klug) - Ortega Highway. The Director of Planning stated that on July 3, 1973, the Plan- ning Commission denied the grading and landscaping plans for the subject two tracts. He presented a staff report relating to the history of the tracts and recommended that Council uphold the decision of the Plan- ning Commission and deny the appeal. Mr. John_ Klug, appellant, stated he believes the revised grading plan is in keeping with the spirit of the new grading ordinance. He also stated he does not think the land is developable without signifi- cant grading of some kind. He summarized the major changes in the plan. Moved by Councilman Chermak, to approve the revised grading plan as presented. Motion died for lack of a second. Moved by Councilman Gammell, seconded by Councilman Weathers, and carried, to deny the revised grading plan for Tracts 8070 and 8093. Councilman Chermak voted noe. 3. DOL 73-103 - (Klug) - Off Del Obispo - Regarding Conditions Imposed by Planning Commission. The Director of Planning stated the subject division of land was approved by the Planning Commission with several conditions, including dedication and improvement of two arterial streets, as shown on the Master Plan of Highways. These are Sacarama and the extension of Aguacate Road. Neither one of the streets has been precise aligned, and there is no definite location set. - 5 - JUL 233y73 7/23/73 CC 1 5 Mr. John Klug, developer, stated he is seeking relief from Conditions 1, 2, 5 and 7 as imposed by the Planning Commission, which are: 1) Property owner dedicate or give an irrevocable offer of dedication, without further considera- tion, the necessary rights-of-way for Avenida de Sacarama & Aguacate Road. A study should be performed by the Developer's engineer and approved by the City Engineer, as to the hori- zontal and vertical alignments of Avenida de Sacrama and Aguacate Road. This study should be done at no cost to the City. 2) Property owner be required to construct or bond for the full street improvements of Avenida de Sacarama & Aquacate Road adjacent to the sub- ject property. Said improvements should include the required roadway section, concrete curb and gutter, concrete sidewalk and drive approaches and ornamental street lighting facilities. 5) All existing and proposed utilities within the existing boundaries should be placed underground. It should be the responsibility of the property owner or developer to bear all expenses to meet this requirement. 7) Subject property should be required to extend and connect to the Municipal Sanitary Sewer System and pay all fees as required by the Director of Public Works. He stated there is approximately 10.4 acres involved, to be divided into four residential building sites. They would leave as many trees as can be retained. Mr. Bill Ayer of South Coast Engineering Service displayed the tentative parcel map and explained the proposed development. Moved by Councilman Gammell, seconded by Councilman Thorpe, to uphold the recommendation of the Planning Commission as to Conditions 3, 4, 6 and 8, and that Conditions 1, 2, 5 and 7 be modified as follows: 1) That property owner be required to dedicate or give an irrevocable offer of dedication, without further consideration, for the necessary right-of-way of Avenida de Sacarama. 2) That property owner be required to bond for full street improvements of Avenida de Sacarama. 5) That the requirement for the undergrounding of existing utilities be waived at this time, pending a study by the utility company as to financial impact, and a•further report from the City Engineer. 7) That property owner be permitted to connect to a temporary sanitary sewer system at this time, but that connection to the City sewer system shall be made at such time as is feasible. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to refer the foregoing motion to a Committee comprised of Councilman Gammell, City Engineer & staff, to meet with developer to discuss his reaction, and place matter on next agenda. JUL 9, 3 )973 7/23/73 cc 457 4. Approval of Final Tract Map No. 8127 - U. S. Development Company. The City Engineer stated the subject subdivision has been processed by their office for final map approval by the Council. The development is located adjacent to and northwest of Village Road and northeast of Rancho Viejo Road. He recommended Council accept Final Tract Map 8127, bonds and fees, and authorize execution of the public improvement agreement, tract map, and off-site right-of-way agreement. Moved by Councilman Thbrpe, seconded by Councilman Weathers, and unanimously carried, to approve the foregoing recommendation.. PARKS & RECREATION MATTERS - NONE PLANNINGCOMMISSION MATTERS 1. Report on Recent Commission Actions. The foregoing report was for informational purposes only and no Council action required. ADMINISTRATIVE 1. Approval of Drainage Fee Study in Las Ramblas Area,- Master Plan for Local Drainage Facility. The City Engineer presented a memorandum dated July 19, sum- marizing the situation and recommended Council authorize an engineering study of the Deep and Reservoir canyons to develop an updated master plan for drainage facilities, and recommend an appropriate drainage fee to be levied against all properties. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to approve the foregoing recommendation. COMMUNICATIONS - (Written) - NONE COMMUNICATIONS - (Oral) - NONE CONSENT CALENDAR MATTERS 1. Girl Scout Council - Request to Conduct Annual Calendar Sale. Door. to -Door. 2. Leukemia Society of America - Request to Solicit Door -to - 3. Southern Orange County United Way - Request to Solicit Door - There being nu objections, the foregoing requests were approved. The City Manager was requested to contact the United Way re- garding the wearing of badges, and require same,if deemed necessary. - 7 - JUL 231973 7/23/73 159 COMMITTEE REPORTS 1. Report from Councilman Gammell regarding Proposed Back - plates for Street Light Standards. (Councilman Gammell displayed the proposed backplate and requested comments from the Council. He stated it would cost approximately $150 to install the plates on the standards if done by the City staff, and approximately $500 by outside installers. The unit price is $55 and each plate weighs 24 lbs. The City Engineer stated if the Council approves of the style they could proceed, but may have to use a substitute material which could effect the cost. No action was taken by the Council; the Committee was requested to pursue the matter further. WARRANTS 1. Approval of Warrants for Period Ending July 23, 1973. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, to void warrant numbers 2176 and 2196 as recommended by the Director of Finance, and approve numbers 2173 through 2213 and 0104 for the total amount of $81,381.80. COUNCIL REMARKS - NONE Mayor Byrnes adjourned the meeting to a personnel session at 10:22 p.m. The meeting reconvened in regular session at 11:25 p.m. PROPOSED BUDGET FOR FISCAL YEAR 1973-1974. 1. Approval of Memo of Understanding with San Juan Capistrano Employees' Association. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to adopt Resolution No. 73-7-23-3, approving Memo of Understanding with San Juan Capistrano City Employees' Association, with correction to Page 3, Line 17, from'$10,000 to $1,000. 2. Resolution Amending Salary and Classification Plan and Personnel Rules. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to adopt Resolution No. 73-7-23-4, Amending the Salary and Classification Plan and Personnel Rules, with the addition of Construction Inspector at a salary range of 21.5. JUL 2 31973 7/23/73 cc 4 5 9 3. Resolution Establishing City Clerk's Salary. Moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, to adopt Resolution No. 73-7-23-5, establishing the City Clerk's salary at $960 per month, retroactive to July 10, 1973. 4. Resolution Establishing City Manager's Salary. Moved by Councilman Weathers, seconded by Councilman Chermak, and unanimously carried, to adopt Resolution No. 73-7-23-6, establishing the City Manager's salary at $21,840 per year, retroactive to July 1, 1973. 5. Resolution Approving the Budget for 1973-74. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, to adopt Resolution No. 73-7-23-7, Adopting the City Budget for the Fiscal Year 1973-1974 in the total amount of $2,$37,580. 6. Resolution Setting Tax Rate and Establishing Assessment Rate for Redemption of General Obligation Bonds for 1973-1974. Moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, to adopt Resolution No. 73-7-23-8, Establishing and Imposing the Ad Valorem Tax Rate (0.90), and Establishing an Assessment Rate for the Redemption of General Obligation Bonds (0.25) for the Fiscal Year 1973-1974. ATTEST: Attorney Welputt read the foregoing resolutions by title only. The meeting adjourned at 11:45 p.m. City Clerk Roy L. yrne , City o San 4u .D., Mayor o Capistrano JUL 231973