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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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