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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