72-0313_CC_Minutes_Regular Meeting147
March 13, 1972
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:03 PM by Mayor Forster.
The pledge of allegiance was recited. Invocation was given by
Mr. T. J. Meadows.
The Deputy City Clerk called the roll. Councilmen present:
William A. Bathgate, Edward S. Chermak, Josh Gammell, James F. Thorpe and
Thomas A. Forster.
Councilman Thorpe requested the record show presentation of his
proposed resolution regarding community growth under Council Remarks at
the regular meeting of February 28, 1972. With this addendum, the minutes
of the regular meeting of February 28th and the adjourned regular meeting
of February 23, 1972, were approved for file.
Councilman Chermak, seconded by Councilman Gammell, moved that all
ordinances and resolutions for this meeting be read by title only.
Carried unanimously.
PUBLIC HEARINGS
1. Continued public hearing on RZ 72-103 (Goya) - Mayor Forster
stated that due to his absence at the last regular meeting, it was his
intent to conduct a public hearing in its entirety to enable him to be
in a position to make a decision. Assistant Planner made presentation
on proposed rezone.
Chair declared public hearing open and asked if anyone wished to
speak in favor of rezone. Mr. Christiansen, civil engineer for proponents,
asked to discuss some conditions raised whereby he made presentation show-
ing an overlay on property map.
Mr. Coy Hester, representing Mrs. Jordan, reiterated their approval
of rezone. Mr. Ben Michalec, representing adjacent Danni property, again
spoke in favor of rezone.
The Mayor asked if anyone wished to speak in opposition to rezone.
Commissioner Lavagnino spoke as the Planning Commission minority voting
against rezone of the Planning Commission for reason that it was a
homogeneous piece of property with respect to grades, Freeway, Ortega
Highway, and disliked seeing it developed in piece -meal fashion. He felt
the entire area being zoned commercial would be great opportunity for
building of a regional shopping center.
Chair closed public hearing with right to reopen at any time.
After considerable discussion, Council concurred that matter be
continued pending outcome of special meeting set for March 20th on flood
plain zoning. Councilman Chermak so moved. Seconded by Councilman Gammell
and carried unanimously.
2. Re request from Pacific Drive -In Theatres Corp. for Arts & Crafts
Show, upon recommendation of Assistant Planner, public hearing was cancel-
led. The item came up later under Planning Commission Matters, and Council
hearing no objections, agreed this was a permitted use.
3. RZ 72-104 (Boston) - Proposed rezone from U-1, "Unclassified",
to C -2-A, "Restricted General Business" - Assistant Planner gave present-
ation on map of proposed rezone, encompassing approximately one acre.
Mayor Forster requested opinion of City Attorney on whether a con-
flict of interest existed in his hearing the matter concerning proposed
MAR 131972
rezone of property in close proximity to property owned by his mother.
City Attorney advised that since the Mayor himself had no interest except
a possible expectancy in the property, and since the mother's property
was not involved in the rezone request, there was no conflict of interest
on his part. Mayor Forster opened public hearing and asked for comments
from the audience.
Mr. Randy Williams, representing Mrs. Boston, stated she had asked
him to dispose of her property. If developed, this property must meet
city standards.
Mr. Christiansen, civil engineer, spoke regarding the precise align-
ment of Alipaz Street, and in view of reclassification of Alipaz to an
Arterial Highway, suggested Council consider potential rezoning of
adjacent U-1 land (approximately 35 acres) for future commercial usage.
Mr. Roland Olsen stated he is purchasing land for the construction
of a sheet metal shop and is therefore in favor of the rezone.
Mr. Ryle Johnson, manager of San Juan Mobile Estates, stated he
will be asking for interview with Planning Commission for future recrea-
tional vehicle park on the undeveloped portion of their park.
Commissioner Lavagnino stated that since property is land -locked,
all adjacent property should be considered as a single parcel.
Ms. Carolyn Nash spoke from the audience saying she was against
rezoning because it is an example of piece -meal zoning.
Mr. Randy Williams again took the floor stating that the demand
for C -2-A zoning will increase when Alipaz is constructed to the Harbor.
Chair closed public hearing and asked for Council decision. Council
concurred that commercial zoning would be a logical process to apply on
these properties and therefore Councilman Thorpe moved to offer Resolu-
tion of Intention recommending change in the Master Plan to indicate
future commercial zoning for the entire area under discussion. Motion
seconded by Councilman Bathgate. Resolution No. 72-3-13-1 passed, approv-
ed and adopted by 4-0 vote, Mayor Forster abstaining.
Councilman Thorpe then moved to approve proposed RZ 72-104 by
resolution. Seconded by Councilman Gammell. Resolution No. 72-3-13-2
passed, approved and adopted unanimously.
4. Continued hearing on appeal of Planning Commission denial of
Tentative Tract 6305 (Pacesetter Development Co.) - Council was presented
for consideration draft of 14 conditions of approval formalized by the
Planning Commission, CC&R's provided by developer, and a survey of lot
sizes and frontages provided by Commissioner Lavagnino. Council expres-
sed concern regarding some non -conforming lots.
Mr. John Klug, developer, took the floor, and after lengthy dis-
cussion, stated they would be willing to comply with all conditions
imposed.
Councilman Thorpe moved to offer Resolution No. 72-3-13-3 approving
Tentative Tract Map 6305, subject to fulfillment of conditions imposed,
and the additional provisions that all variances in lot shape and set-
backs, as well as recreation vehicle parking requirements, be subject to
approval of the Planning Commission. However, in no instance was a lot
to be less than 7,200 square feet. Motion seconded by Councilman Chermak.
Resolution carried by 4 - 1 vote, Councilman Gammell voting "No".
-2- MAR131972
149
5. Request for prezone of some 29 acres of County property
adjacent to South City boundary (RZ 72-102, Westport). Upon recommend-
ation of City Manager, Councilman Thorpe moved to set public hearing
for March 27, 1972. Motion seconded by Councilman Bathgate and carried
by unanimous vote.
Ten Minute Recess
BIDS, CONTRACTS, AGREEMENTS
1. Memorandum from Director of Public Works recommending accept-
ance of bid of Tommy Ayres Chevrolet in the amount of $6,372.11 for
purchase of dump truck for Public Works Department. Councilman Chermak,
seconded by Councilman Gammell, moved to uphold recommendation of Mr.
Meadows. City Manager requested authorization to exceed amount budgeted
by $372.11. Motion carried unanimously and was so ordered.
2. Correspondence from City Manager, City Attorney and Finance
Director regarding disposal of city vehicle, with the recommendation
that 1964 Ford be advertised once in local newspaper and notice posted
on bulletin board for a time and place fixing bids and a minimum of 10
days' notice given. Motion made by Councilman Thorpe to approve said
recommendation. Seconded by Councilman Chermak and carried unanimously.
3. City Engineer outlined agreement for public improvements on
Camino Capistrano (Datsun Agency) and is prepared to bring back at next
regular meeting fully executed by developer. Chair so directed.
ORDINANCES, RESOLUTIONS
1. City Attorney rendered by title only first reading of proposed
Ordinance No. 189 relating to nuisances. Draft to be sent to Council
under separate cover.
2. City Attorney read proposed Ordinance No. 190, pertaining to
litter, by title only. This constituted first reading.
3. Director of Public Works announced start of 1972 Weed Abate-
ment Program. Councilman Bathgate moved for adoption of Resolution
No. 72-3-13-4 establishing the annual program. Motion seconded by
Councilman Thorpe. Resolution adopted unanimously.
3. Upon recommendation of special legal counsel, Resolution No.
72-3-13-5 Ordering Plans and Specifications for 1911 Improvement District
(Camino Capistrano, et al), was offered for adoption by motion of Council-
man Chermak, seconded by Councilman Thorpe. Roll call vote: Ayes:
Councilmen: Bathgate, Chermak, Gammell, Thorpe and Forster. Noes: None
Absent: None. Mayor Forster announced that $140,000 in AHFP funds had
been approved by the County for this work.
SUBDIVISIONS, ANNEXATIONS
The request of C. Michaels Company for discussion of annexation
and disposition of City protest to County Board of Supervisors (re Tract
5657) was carried over pending outcome of hearing by Board of Supervisors
on March 22nd. Mayor Forster stated his intention to represent the City
in this case.
WRITTEN COMMUNICATIONS
1. Correspondence received from San Juan Beautiful Committee
requesting City adopt the wild red Geranium as the official City Flower.
-3- MBAR 131972
150
Councilman Thorpe moved that the item be carried over to the next
regular meeting in the hopes of receiving some response to this request
from citizens of the community.
2. City Engineer recommended that request for abandonment of Del
Obispo right of way from Mr. Harry Falklam be referred to staff for
study, pending disposition of street when finished. Chair so directed.
3. Request received from Capistrano Unified School District Board
of Trustees asking City representation on a committee to study the prob-
lems of population increases in the years ahead. Councilman Thorpe,
having expressed his willingness to serve as a liaison, was then appoint-
ed by the Mayor as the City's representative and suggested that minutes
of said meetings be forwarded to Council.
ORAL COMMUNICATIONS
i
1. Request received from "Flowers By David" for granting of one-
time City business license for a flower bucket stand from April 1-2,
1972. Mayor Forster recommended matter be held over in order to solicit
comments from Chamber of Commerce.
2. Mrs. Phyllis Shainman, San Juan Beautiful Committee, proposed
trash receptacles in downtown area on city property. Merchants invol-
ved would pay for receptacles on private property if city would maintain.
Councilman Thorpe moved to refer to staff and report from Director of
Public Works, and that Chamber of Commerce be notified for response.
Matter to be brought before Council at the next regular meeting.
Seconded by Mayor Forster and carried unanimously.
3. Mr. Bill Hicks presented petition signed by 71 registered
voters and asked that question of Police Department be put on ballot
as to feasibility. Mayor Forster commented that matter was too late
to be placed on April 11th ballot. Councilman Bathgate stated he feels
public should be made aware of the matter and did not have report in
hand long enough, and that a public hearing would be in order. Mayor
Forster then stated that the petition was inflamatory and directed that
it be received for file.
4. Mrs. Judy Beggs presented Sweepstake Trophy for Fiesta de las
Golondrinas Parade to be displayed in City offices.
ADMINISTRATIVE
1. Director of Public Safety Report on expanded police services
was held over to March 27th agenda (See Oral Communications).
2. City Engineer in receipt of Easement Deed for right of way on
Camino Capistrano from National Producers Life Insurance Company. Will
follow up and get dedication for remainder of area. Councilman Bathgate,
seconded by Councilman Thorpe, moved for acceptance and authorization
for recordation. Carried unanimously.
3. City Engineer has been in contact with other property owners
with regard to abandonment of portions of Ganado Drive and San Juan
Creek Road. Will have documents properly accepted and recorded for
right of way for San Juan Creek Road. Requested Council action for
acceptance and recordation of easement deeds from Dr. Little and Mr.
Durand Holladay. Councilman Bathgate, seconded by Councilman Thorpe,
-4-
MAR 131972
moved for acceptance and authorization for recordation of said documents.
Carried by unanimous vote.
4. Matter of Council Chamber sound system held over for receipt
and analysis of additional proposal.
PLANNING COMMISSION MATTERS
1. Resolution 72 -2 -15 -4 -PC adopting By -Laws for the Planning
Commission previously presented to Council. City Attorney is to research
and advise Council.
PARKS & RECREATION COMMISSION MATTERS
Secretary of the Parks & Recreation Commission reported on "Long
Park", outlining four recommendations. After considerable discussion,
Councilman Chermak moved to refer the matter to the Public Works Depart-
ment for estimate to provide water for park site. Motion seconded by
Councilman Thorpe and carried unanimously.
WARRANTS
The list of demands dated 13 March 1972 were presented for Council
consideration. Councilman Thorpe moved that Warrant Nos. 7016 through
7071, inclusive, in the total amount of $315,858.88 be authorized for
payment. Motion seconded by Councilman Gammell and carried by unanimous
vote.
COUNCIL REMARKS
1. The matter of the report on expanded police services came up
for discussion. Councilman Bathgate, seconded by Councilman Gammell.,
recommended that the item reappear on the March 27th agenda.
2. Mayor Forster remarked that it would be a timely gesture to
present City plaque to the family of Frank Winterbourne. Upon motion
of Councilman Bathgate, seconded by Councilman Thorpe, City Manager was
directed to have plaque suitably engraved for presentation. Carried
unanimously.
3. Councilman Bathgate stated pole line on West side of Del
Obispo is a hazard and recommended Director of Public Works investigate
and report feasibility of moving poles to Westerly edge of easement.
4. Councilman Chermak
(a) Reported on League of California Cities recently attended.
(b) Remarked regarding short period of time in which Council
receives Budget for study and time it is adopted. He wondered if
schedule could be changed to give more chance to study.
(c) Thinks possible relocation of airport deserves consider-
ation to see if it is a compatible use in flood plain area. FAA
representative is to be invited to flood control drainage study
session set March 20th.
5. Councilman Thorpe moved that Council adopt resolution he
previously presented and modified, declaring the City Council's intent
to establish a community growth policy and creation of a committee on the
impact of development. Motion seconded by Councilman Gammell. Resolution
No. 72-3-13-6 passed, approved and adopted by unanimous vote.
6. Mayor Forster presented memorandum to Council regarding illicit
activities at the Drive -In Theatre with the recommendation that conditions
of the Land Use Permit be reviewed and be enforced in regard to the
-5- MAR 13197Z
patrolling of the theatre by uniformed officers. He also recommended
Council go to the theatre to look at the situation. Councilman Thorpe,
seconded by Councilman Chermak, moved to communicate with management
and show cause for enforcing requirement. Carried by unanimous vote.
City Manager and Director of Public Safety instructed to meet with
management and present copy of memorandum.
7. Councilman Gammell asked if any response received from School
Board regarding lights on tennis court. City Manager stated he expected
response to City's letter in near future.
ADJOURNMENT
There being no further business,
Tuesday, March 14, 1972.
the meeting adjourned at 12:45 AM,
Leontine Vallavanti
Deputy City Clerk
-6- MAR Z 31972