72-0710_CC_Minutes_Regular Meeting199
JULY 10, 1972
REGULAR MEETING— CITY'COUNCIL-CITY OF SAN JUAN-CAPISTRANO
The regular meeting of the City Council was called to order at
7:00 P.M. by Mayor James F. Thorpe.
The Pledge of Allegiance was recited. Invocation was given by
Reverend Robert Schwenck of Community Presbyterian Church.
Roll Call: Councilmen Present: Roy L. Byrnes, Edward S.
Chermak, Josh Gammell, James
K. Weathers and James F.
Thorpe
Councilmen Absent: None
The minutes of the meeting of June 26, 1972 were approved as
presented.
Moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, that all ordinances and resolutions for
this meeting be read by title only.
CONSENT CALENDAR MATTERS
Moved by Councilman Chermak, seconded by Councilman Gammell,
to deny the following Consent Calendar items:
1. Request from Balboa Bay Lions Club for door-to-door
fund drive.
2. Application for soliciting by United Musical Education
and Dancing, Inc.
Mr. Ray Wheeler, representing Balboa Bay Lions Club, addressed
the Council explaining the purpose of the fund drive and urged their
request be granted.
City Manager stated he had contacted the local Lions Club and
they have no objection to this request.
Motion carried by a 4 to 1 vote with Mayor Thorpe voting no.
The City Attorney was directed to determine if the Council can
legally deny future solicitation requests, providing applicant has
met all ordinance requirements.
SPECIAL PRESENTATION
On-Site/Off-Site Drainage Plans - E1 Nido Mobilehome Estates.
Mr. Cecil Holland and Mr. Williams, Civil Engineer, Orange
County Department of Building and Safety, displayed hydrology map
depicting contributory areas which drain to Ortega Highway. City
Engineer Kubota explained plans for off-site drainage and answered
numerous questions of the Council.
Mr. Kenneth Hawkins, developer, and Mr. Dick Rattray, attorney,
discussed question raised as to the validity of a drainage easement
traversing a portion of subject site:
No Council action taken on this matter.
via1:31FS�i'.1
1. Proposed RZ 72-106 (Covington) from R-1 (Single -Family
Residence), C-1 (Local Business), R-3 (Multiple -Family & Apartment),
and E-4 (Hillside Estate) Districts to PD (Planned Development) and
C-1 (Local Business).
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Mayor Thorpe declared the public hearing open.
Mr. Robert Van Roekel, Architect representing the developer,
gave slide presentation showing cluster -type concept. He stated they
have completed a re -analysis of the proposed development since the
Planning Commission hearing and have reduced the number of homes and
upgraded the quality. He discussed the area selected for a school,
the recreational facilities and uniform maintenance of landscaping.
The following persons addressed the Council in opposition to
the proposed rezoning:
Mr. Jack Connelly, Member of Mission Hills Home Owners Assn.
Mr. Bob Olson, Resident of Mission Hills Ranch
Mr. Robert McCullum, Representing Alliance Home Owners Assn.
Mr. Tom Ahern, 26901 Canyon Crest Dr., Mission Hills Ranch
Mr. Van Roekel spoke in brief rebuttal.
Mayor Thorpe declared the hearing closed with right to re -open
at anytime.
Moved by Councilman Byrnes, seconded by Councilman Gammell,
to refer this matter back to the Planning Commission for the purpose
of preparing a resolution imposing the specific conditions as dis-
cussed this evening for consideration at the next regular meeting.
Following discussion Councilman Gammell withdrew his second
and the motion was seconded by Councilman Weathers.
The motion LOST by the following vote:
AYES: Councilmen: Byrnes, Weathers
NOES: Councilmen: Chermak, Gammell, Thorpe
ABSENT: Councilmen: None
Following further discussion it was moved by Councilman Gammell,
seconded by Councilman Byrnes, and unanimously carried, that a resolu-
tion of conditions, treating hillside slopes, skyline, density and
structural design be recommended by the Planning Commission;to be
considered separately from the matter of rezoning at the next meeting.
Mayor Thorpe declared the public hearing re -opened and stated
matter would be continued to the next regular Council meeting.
BIDS, CONTRACTS, AGREEMENTS
1. Proposed Change Order No. 4 - Water Pollution Control
Facility Modifications. Change order consists of furnishing and
installing effluent pump station structure. Moved by Councilman
Chermak, seconded by Councilman Weathers, and unanimously carried,
that Change Order No. 4 be approved as requested.
Roll Call Vote:
AYES: Councilmen: Byrnes, Chermak, Gammell, Thorpe, Weathers
NOES: Councilmen: None
ABSENT: Councilmen: None
2. Request for Council authorization for Director of Public
Works to execute Flood Control District Permit No. 14172 - Permission
for levy work. Moved by Councilman Weathers, seconded by Councilman
Gammell, and unanimously carried, that staff recommendation be
accepted and the Director of Public Works authorized to execute
said permit.
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ORDINANCES. RESOLUTIONS
1. Proposed Ordinance No. 195 Amending Business License
Ordinance No. 171. Attorney explained these changes are necessary
to become consistent with recent State legislation relating to
license fees for vending machines and coin operated laundries. There
being no objections, matter referred to Chamber of Commerce for its
reaction.
2. Proposed Amendment to Personnel Ordinance. Attorney
explained ordinance exempts City Clerk from provisions of classified
service relating to overtime, tenure and other provisions from which
department heads are excluded; also includes section providing
mandatory retirement for all classified employees and appointed
officers at age 65. He read ordinance by title only. Moved by
Councilman Weathers, seconded by Councilman Byrnes, and unanimously
carried, that Ordinance No. 197 be introduced.
10:00 - 10:10 p.m. - Ten Minute Recess
SUBDIVISIONS, ANNEXATIONS
1. Approval of Final Tract Maps - #7758 and #7760 (South
Coast Development Company). City Engineer outlined location of prop-
erty on map of Tract #7758 and gave brief description of improvements
proposed. Moved by Councilman Weathers, seconded by Councilman
Byrnes, and unanimously carried, to adopt Resolution No. 72-7-,10-1,
approving Final Tract Map #7758 and authorizing recordation, subject
to receipt of letter from San Diego Gas & Electric Co. referred to
by City Engineer.
City Engineer depicted location of property on map of Tract
#7760 and gave brief outline of proposed improvements. Moved by.
Councilman Gammell, seconded by Councilman Weathers, and unanimously
carried, to adopt Resolution No. 72-7-10-2, approving Final Tract
Map #7760 and authorizing recordation.
2. Application to LAFCO initiating annexation proceedings
(Pryor Homestead). A map delineating the boundaries was displayed
and explained by Director of Public Works. Moved by Councilman
Weathers, seconded by Councilman Chermak, and carried, to adopt
Resolution No. 72-7-10-3, approving application to LAFCO for annexa-
tion of certain territory.
Roll Call Vote:
AYES: Councilmen: Byrnes, Chermak, Gammell, Weathers
NOES: Councilmen: Thorpe
ABSENT: Councilmen: None
COMMUNICATIONS
1. Request from Parents on Pools Committee for resolution to
LAFCO re: Special Services District. Mr. Bruce Deacon, San Clemente,
stated intent of resolution is to allow citizens to circulate petition
to determine the position of the public, and shall not be considered
a resolution of consent for inclusion of the City in the district.
Moved by Councilkan Chermak, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 72-7-10-4, requesting
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;NoO FCO to approve proposal to form a County service area contiguous
with the boundaries of the Capistrano Unified School District.
2. Request from Capistrano Garden domes Association No. 1 for
Stop Signs. Moved by Councilman Chermak, seconded by Councilman
Gammell, and unanimously carried, to refer matter to City Engineer
for further study and report.
3. Communication from Mrs. Sell on requirements for development
of property fronting on Camino Capistrano. Mrs. Sell addressed the
Council and requested reconsideration be given to the requirement that
she install certain improvements on subject street. There being no
objections the City Engineer and certain members of the staff were
directed to meet again with Mrs. Sell in the hopes of arriving at a
solution agreeable to both parties. _
ADMINISTRATIVE
1. Establish schedule for budget study sessions for fiscal
1972-73. Council selected date of July 18 at 7:00 p.m. for first
session.
2. City Attorney's report on authority to control public dis-
turbances at advisory commission meetings. Attorney explained that
if the Council feels there is a definite need for this type of control
an ordinance could be prepared and considered at the next regular
meeting. There were.no objections and so ordered.
PLANNING COMMISSION MATTERS
1. Resolution No. 72 -7 -5 -1 -PC - Bicycle, Equestrian and Hiking
Trails System as an Amendment to the Parks & Recreation Element of the
General Plan. Moved by Councilman Chermak, seconded by Councilman
Weathers, and unanimously carried, to set public hearing on this
matter for August 14, 1972.
PARKS & RECREATION COMMISSION MATTERS
1. Determination on disposition of past and future park fees.
Mr. Dennis P. Paquin, Chairman of the Parks & Recreation Commission,
addressed the Council on this matter.
It was recommended that City redistribute park fees collected
for central park sites to respective districts and direct staff to
retain fees in districts of origination. Following discussion City
Attorney was directed to investigate matter further and prepare
appropriate action in accordance with the recommendation.
2. Memo from Chairman of Parks & Recreation Commission re:
Commission Vacancies. Mr. Paquin recommended the Council appoint
Mr. Tony Leon and Mr. Phil Schwartze to fill vacancies. Moved by
Councilman Chermak, seconded by Councilman Gammell, and unanimously
carried, that following his investigation, the Chairman be delegated
to appoint the recommended replacements.
3. Memo from Chairman of Parks & Recreation Commission re:
Terms of Appointments for Commissioners. Mr. Paquin suggested in
view of the recent resignation of two Commissioners, the designated
terms of appointment be revised to a staggered basis. Attorney pre-
sented proposed amendment to Ordinance No. 166 (Creating the Parks
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20f.
& Recreation Commission), modifying the terms of appointments. He
read ordinance by title only. Moved by Councilman Weathers, seconded
by Councilman Gammell, and unanimously carried, that Ordinance No. 198
be introduced.
4. Request from Chairman of Parks & Recreation Commission re:
Recognition of Phillip Schwartze's services and the need for a Secre-
tary to the Commission. Moved by Councilman Gammell, seconded by
Councilman Byrnes, and unanimously carried, to adopt Resolution No.
72-7-10-5, paying tribute to Phillip Schwartze for past services.
Mayor Thorpe stated the matter of appointing a secretary would be con-
sidered at budget session.
COMMITTEE REPORTS
1. Councilman Gammell presented a draft of a resolution creating
an Impact Committee and stated this would be on the next agenda.
WARRANTS
1. Moved by Councilman Chermak, seconded by Councilman Gammell,
and carried, that warrant numbers 7411 through 7447 in the total
amount of $63,934.38 be approved for payment. Councilman Weathers
abstained from voting, stating his reasons therefor, and following dis-
cussion the Attorney was requested to give a ruling as to whether
there is a possible conflict of interest in this regard.
COUNCIL REMARKS
Councilman Byrnes
Councilman Byrnes made reference to the proposed freeway off -ramps
near Village San Juan. City Engineer Kubota stated he is preparing a
status report for the Planning Commission and when completed copies will
be furnished to the Council.
Councilman Byrnes expressed a desire to have the Council adopt
a policy whereby City appointees and elected officials would be
required to disclose any business dealings which could be in conflict
of interest with that of the public.
Mayor Thorpe
Mayor Thorpe presented a letter from Capistrano, Mexico,
regarding a possible Sister City relationship, and directed the City
Manager to contact the Mexican Consul to determine exact location of
said City.
Mayor Thorpe presented notification of a Project 21 Conference
to be held Saturday, July 22nd, the subject being Population Growth
and Goals.
Mayor Thorpe indicated he thought the Council should participate
in San Clemente's upcoming study of proposed relocation of AT & SF
railroad, as San Juan Capistrano could be affected.
Mayor Thorpe stated he has noticed a number of hand -painted
illegal signs posted throughout the City and suggested this matter
be looked into further by the Public Works Department.
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Mayor Thorpe commented on difficulties that residents of
Planned Development are experiencing in attempting to make alterations,
additions, and modifications to their property, and not4being aware
that prior approval of all architectural features is required from
their respective association.
He suggested that staff attempt to identify methods by which
Planned Development residences could be reminded of the importance of
this requirement.
Councilman Chermak
Councilman Chermak stated that due to several robberies this
past week -end in San Juan Hills, their association is contemplating
hiring private guards for protection.
Meeting adjourned at 11:40 p.m.
ATTEST:
City Clerk
am s F. Thorpe, Mayorlof the City
of an Juan Capistrano
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