72-0724_CC_Minutes_Regular Meeting207
JULY 24, 1972
REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:03 p.m. by Mayor James F. Thorpe.
The Pledge of Allegiance was recited. Invocation was given by
Father Johnson of the Mission San Juan Capistrano.
Roll Call: Councilmen Present: Edward S. Chermak, Josh
Gammell, James K. Weathers,
and James F. Thorpe
Councilmen Absent: Roy L. Byrnes
The minutes of July 10, regular meeting, and July 18, special
meeting, were approved as presented.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, that all ordinances and resolutions for
this meeting be read by title only.
CONSENT CALENDAR ITEMS
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, that the following requests be approved:
1. Request of Camp Fire Girls to conduct annual candy sale
January 18 through February 5, 1973.
4. Request for proclamation of Burglary Prevention Week,
July 24 - 30, 1972.
Moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, that the following requests be denied:
2. Application for soliciting by White Whale Pool Maintenance
Co., for pool maintenance.
3. Application for soliciting by Mark Zillman Painting Co.,
to sell paintings on the street.
PUBLIC HEARINGS
1. RZ 72-106 (Covington) - 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).
Resolution No. 72-7-18-3 of the Planning Commission, recommending
thirteen conditions applicable to the rezone was presented for con-
sideration.
Mayor Thorpe declared the public hearing reopened.
Mr. Jay Hamer, representing Robert Van Roekel, architect for the
developer, addressed the Council stating that original builder has
withdrawn application and Hall -craft Homes of Phoenix, Arizona, are now
proposed builders. They are familar with the Van -R cluster -type con-
cept and are willing to accept the conditions recommended by the
Planning Commission. He also stated that a financial statement has
been submitted to the City Manager.
Mr. Robert McCullum, representing Alliance Homeowners Assn.,
spoke in opposition and stated they feel that other priorities are more
important than residential growth at this time.
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2 0 8 Mr. Jack Connelly, representing Mission Hills Homeowners Assn.,
also spoke in opposition and stated if the zone change is approved he
would request the Council consider the following:
1) maintenance of the pond on the subject property
2) elimination of all commercial zoning in a residential. area
3) need for school site
4) problem of rattlesnakes during construction
5) dust control
6) requirement of a completion bond before any construction
begins, and
7) requirement of a financial impact statement showing effect
of development on municipal services.
Mayor Thorpe closed the hearing with right to reopen at anytime. -
Following discussion it was moved by Councilman Chermak and
seconded by Councilman Gammell, to uphold the recommendation of the
Planning Commission and grant RZ 72-106 as requested.
Following further consideration of the proposed C-1 zoning,
Councilman Gammell withdrew his second.
It was moved by Councilman Chermak, seconded by Councilman
Weathers, and unanimously carried, that RZ 72-106 be approved with
the deletion of the C-1 Zone.
Moved by Councilman Chermak, seconded by Councilman Gammell,
to adopt Resolution No. 72-7-18-3 of the Planning Commission with the
addition that developer be required to submit a grading and landscaping
bond.
Mayor Thorpe moved the following amendment:
1) that as a part of the Environmental Impact Statement,
and upon presentation of each tract map, consideration
be given to the ability of the school district to serve
the development, and
2) that developer discuss with the Park & Recreation Commission
the preservation of the pond in question.
The amendment was seconded by Councilman Gammell and carried
unanimously.
The motion, as amended, was voted upon and carried unanimously.
2. RZ 72-105 (Swan Constructors, Inc.) - PD (Planned Develop-
ment) District to C -2A (Restricted General Business District).
Mayor Thorpe opened the public hearing. _
Planning Director Johns presented the staff report and outlined
on a map the location of subject property, which is the southeast
corner of Alipaz and Del Obispo.
Mr. Frank Ahearn, 1250 Sixth Street, San Diego, representing
Swan Constructors, addressed the Council stating they propose to
develop a overnight recreation vehicule park and service station on the
site.
Mr. Rymer, resident, addressed the Council in opposition to the
service station.
Mayor Thorpe closed the hearing with right to reopen at anytime.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, that we uphold the recommendation of the
Planning Commission and grant RZ 72-105,but that applicant consult
with the Commission prior to the service station being considered.
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3. RZ 72-108 (Ziccardy) - U-1 District to PD District. O
Planning Director Johns stated property is located easterly of
the intersection of Ortega Highway and Ganado Road and consists of
approximately 30 acres.
Mayor Thorpe opened the public hearing.
Mr. Ray Ziccardy, 178 E. Avenue Cordova, San Clemente, addressed
the Council and stated he had originally planned to develop single
family dwellings but is now interested in the new cluster -type concept.
He questioned the Council as to which type housing they would prefer.
The Council expressed no opinion in this regard.
No one appeared in opposition.
Mayor Thorpe closed the public hearing with right to reopen
at anytime.
Attorney Okazaki interjected at this time to inform the Council
that upon approval of zone changes, an ordinance adopting the same
should be introduced for first reading.
He made 'reference to RZ 72-106 (Hamer) and presented the
following ordinance by title only:
Ordinance No. 200. An Ordinance Amending the "Precise Zoning
Map" as adopted by Ordinance No. 115, to be designated as Amendment
No. 23.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, that Ordinance No. 200 be introduced.
Mr. Okazaki made reference to RZ 72-105 (Swan Constructors)
and presented the following ordinance by title.only:
Ordinance No. 201. An Ordinance Amending the "Precise Zoning
Map" as adopted by Ordinance No. 115, to be designated as Amendment
No. 24.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, that Ordinance No. 201 be introduced.
Mr. Okazaki made reference to the zone change in question
RZ 72-108 (Ziccardy) and read the following ordinance by title only:
Ordinance No. 202. An Ordinance Amending the "Precise Zoning
Map" as adopted by Ordinance No. 115, to be designated as Amendment
No. 25.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, that Ordinance No. 202 be introduced.
Mayor Thorpe recessed the meeting at 8:50 p.m, for 10 minutes.
BIDS, CONTRACTS, AGREEMENTS
1. Change Order No. 2, A.G. Tutor Co.
Mr. T.J. Meadows, Director of Public Works, stated it was neces-
sary to replace and relocate certain water mains not indicated on the
pians during construction of water control facility trunkline. He
explained the reasons for the change order request and answered
questions of the Council.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, that change order No. 2 be approved, that we
accept the off-site sewer line for water quality control facility and
authorize execution of notice of completion by Department of Public
Works.
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2. SERRA Acquisition of Water Quality Control Facility
and Lease of Dana Point Ocean Outfall.
Mr, T. J. Meadows, Director of Public Works, presented a memorandum
outlining a proposed agreement for the acquisition, use, operation,
maintenance and expansion of the City's Water Quality Control Facility
and two (2) agreements for the lease of the Dana Point Ocean Outfall.
He noted that the City will receive $656,000 for the Plant and
$152,000 for the value of the ground lease. City is to be paid for
the value of the existing lease based on costs for the 2000' ocean out-
fall extension. Amount originally agreed to be paid to Dana Point Sanitary
District is $35,800 per year, The estimated costs to the City for its
share of expansion is $1,251,630, less potential grants of $818,954,
with a net estimated cost of $432,676. The City will gain $375,324
plus capacity in the facility of 2.5 mgd from the existing capacity of
1.0 mgd.
Mr. Meadows recommended the Council approve the three proposed
agreements. He further recommended that execution be withheld pending
an official document ceremony whereby all effected entities could be
present for the signing. There were no objections from the Council.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, that the agreement for acquisition, use, main-
tenance, etc, and expansion of sewage treatment plant by SERRA
be approved.
Roll Call Vote as follows:
AYES: Councilmen: Chermak, Gammell, Thorpe, Weathers
NOES: Councilmen: None
ABSENT: Councilmen: Byrnes
Moved by Councilman Weathers, seconded by Councilman Chermak, and
unanimously carried, that the lease agreement of outfall by Dana Point
Sanitary District to SERRA be approved.
Roll Call Vote as follows:
AYES: Councilmen: Chermak, Gammell, Thorpe, Weathers
NOES: Councilmen: None
ABSENT: Councilmen: Byrnes
Moved by Councilman Gammell, seconded by Councilman Chermak, and
unanimously carried, that the agreement with SERRA for lease, use, —
operation, maintenance, etc., to Dana Point Sanitary District Outfall
be approved.
Roll Call Vote as follows:
AYES: Councilmen: Chermak, Gammell, Thorpe, Weathers
NOES: Councilmen: None
ABSENT: Councilmen: Byrnes
ORDINANCES, RESOLUTIONS
1. Second Reading of Ordinance No. 197 amending Personnel
Ordinance No. 194, adding the office of City Clerk, and adding provision
for Mandatory Retirement of full-time City employees and appointive
officers.
Attorney Okazaki read the foregoing ordinance by title only.
JUL241972
Mrs. Rose Corrigan addressed the Council making reference to the
mandatory retirement age, and questioned which officers and/or employees
will be affected.
City Manager replied that the ordinance does not apply to membe s 1
of boards, commissions or committees. It does apply to such appointive
officers as City Attorney, City Clerk, City Manager and City Treasurer.
Mrs. Corrigan asked Council if it was aware Ordinance No. 197 at
this time would affect only the City Treasurer. Mayor Thorpe replied
the Ordinance in time could affect many City personnel who reach
retirement age.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, that Ordinance No. 197 be adopted,
2. Second Reading of Ordinance No. 198 prescribing duties of Park
& Recreation Commission, etc., and repealing Ordinance No. 166.
Attorney Okazaki made two minor revisions as follows:
Section 1. d) Office. Each member of the Commission shall be
appointed by the City Council for terms coinciding with that of the
appointing Councilmen; a member may, nevertheless, be removed at any
time, by a majority vote of the City Council.
Section 2. Organization. The Commission upon its organization
shall adopt rules and regulations providing for the staggering of the
terms of its members to comply with the requirement of Section 1 d)
herein, the election of officers, the establishment of times and places
for the meetings, the adoption of procedures therefor, and such other
matters as will lead to the orderly and efficient transaction of the
duties hereinafter set forth.
The ordinance was read by title only.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, that Ordinance No. 198 be adopted.
3, First Reading of Ordinance No. 199 relating to the Planning
Commission and powers of the Chairman and repealing Ordinance No. 188.
Attorney Okazaki presented this ordinance by title only.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, that Ordinance No. 199 be introduced.
4. Proposed Resolution Creating Impact Committee.
Following discussion this item was deferred to next regular meeting.
5. Resolution No. 72-7-24-1 - Ordering City Clerk to Canvass
Election Results of August 22nd Special Municipal Election.
Moved by Councilman Weathers, seconded by Councilman Chermak, and
unanimously carried, that Resolution No. 72-7-24-1 be adopt@d.
SUBDIVISIONS, ANNEXATIONS
None
COMMUNICATIONS (Written)
1, a) Request of Russell L. Hafer, M.D., regarding street
improvements along Camino Capistrano.
Dr. Hafer addressed the Council stating one of the conditions for
approval of LUP 72-102 is that he install certain public improvements
to City standards. Iie requested this condition be waived until:
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1) an appropriate assessment district be formed, or
2) the adjoining properties are developed or improved, or
3) a capital improvement project by the City is scheduled,
whichever comes first.
City Engineer Kubota stated that Dr. Hafer's building is almost
completed and in order for him to receive his occupancy permit he must
fulfill the requirements or receive a waiver by the City Council.
Mr. Kubota recommended the City enter into an agreement with the
property owner deferring public improvements for a period of one year
and with option to extend, upon receipt of performance guarantee
acceptable to the City.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, that the foregoing recommendation be approved
as outlined.
1. b) Request of Kellogg P. Wells to have City assume the
street paving and curb improvement costs on City owned property if
required dedication is received from property owners, Tract No. 1269.
Moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, that Mr. Wells be informed of the options
available to him and advised that his request is not acceptable.
2. Request of Dr. Erwin Watkins for traffic control at inter-
section of Aeropuerto and Camino Capistrano.
There being no objections this matter was referred to staff
for investigation and report on August 28.
3. Rutan & Tucker, Attorneys, regarding abatement of public
nuisance, 26742 Verdugo.
Director of Public Works advised the Council that subject
property has been cleared of debris, etc., and no longer constitutes
a public nuisance as defined by weed and rubbish abatement ordinance.
The staff was directed to notify the attorneys of this action.
COMMUNICATIONS (Oral)
1. Mr. William Hicks, 27876 Calle San Remo, addressed the
Council stating he has not yet received a copy of the City Clerk's
certification of the forty petitions submitted protesting the
adoption of Ordinance #193, Establishing a Department of"Public Safety.
It was indicated this was a staff oversight and Mr. Hicks would
be mailed a copy of the certification. ^'
ADMINISTRATIVE
1. State Mandated Open Space Element of General Plan.
City Manager outlined in brief State's criteria for an interim
plan, advising that AB 966 does require the adoption of such a interim plan
by August 31, 1972. He stated it is the Planning Director's sug-
gestion that Council again review the draft of the open space element
contained in the Planning Department's document circulated to all
City officials on June 12. A staff report will be prepared for con-
sideration by the Council on August 28.
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2. Regulations of Solicitors.
City Manager presented his report, together with copies of
ordinances from the cities of Huntington Beach and Placentia.
During discussion amongst the Council it was indicated that
inasmuch as the Sheriff does not provide enforcement of our present
solicitor laws on a regular basis neither ordinance would have much
effect.
Following further consideration this matter was deferred to the
first meeting in September.
3, Disposition of in -lieu park fees.
Attorney Okazaki stated that fees collected from subdividers pur-
suant to Section 11546 of the Business and Professions Code can be used
only for the purpose of providing park or recreational facilities to
serve the park district from which the fees originated. On July 2,1971
the City caused 20% of the so called "in -lieu fees" to be applied to
the recreational center fund, the sum of which is now $13,110.54. It
is his recommendation that a motion directing the Director of Finance
to correct his records would suffice as none of the money has been
spent, and the transfer of such funds into their proper district would
be a simple bookkeeping operation.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, that the monies collected for the recreational
center fund be reallocated to the individual districts from which they
came.
4. Conflict of Interest.
Attorney Okazaki stated he will prepare a comprehensive report
on this subject at a later date.
5. Council response to LAFCO inquiring on proposal to form County
service area No. 19 contiguous with boundaries of Capistrano Unified
School District.
City Manager stated City has been requested by LAFCO to take a
position on a petition to establish a county service area. A copy of
the City's resolution adopted July 10 will suffice.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, that a copy of Resolution No. 72-7-10-4, allowing
citizens to circulate petition to establish county service area and
determine position of public, be forwarded to LAFCO.
6. Major 1972-73 Budget Events Leading to Director of Finance's
July 18 Deficit Memo.
City Manager stated that shortly after final proposed budget
figures were released by the Finance Department to Council, the Director
of Finance found it necessary to alter his projected General Fund sur-
plus. The Director's explanation was that he had lately determined that
surplus dollars from the 1971-72 budget would be reduced about $41,000.
He further stated that he had not included an estimated $80,000 expense
for 1972-73 due for Del Obispo Street in the proposed budget. The net
result of the reanalysis was a projected $102,000 deficit at the end
of the 1972-73 fiscal year.
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14:
Mr. Weidner stated it would be possible for the General Fund to
be modified to absorb the projected deficit without reducing services
to the public or increasing taxes. He offered a list of alternate
budget adjustments in support of his statements.
The Mayor indicated that this matter would be discussed further
during budget session.
PLANNING COMMISSION MATTERS
1. RZ 72-107 (South Coast Development Co.) - Resolution No. 72-
7-18-1 PC - PD to Cl. Set public hearing for August 14, 1972.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, that public hearing be scheduled for August
14, 1972 for RZ 72-107.
2. RZ 72-109 (C. Michael) - Resolution No. 72-7-18-2 PC - County
Zoning to R-1. Set public hearing for August 14, 1972.
Moved by Councilman Gammell, seconded by Councilman Chermak, and
unanimously carried, that public hearing be scheduled for August 14,
1972, for RZ 72-109.
PARKS AND RECREATION COMMISSION MATTERS
None
COMMITTEE REPORTS
None
STAFF REPORTS
Monthly informational reports were submitted by the following:
City Engineer, City Treasurer, Director of Finance, Director
of Planning, Director of Public Safety and Director of Public Works.
City Engineer also requested that Council accept two (2) ease-
ment deeds for off-site sewer for the Barwick -Datsun Agency, and
authorize recordation.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, that the foregoing recommendation be approved.
WARRANTS
1. Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, that warrant numbers 7448 through 7462 and
numbers 1000 through 1040 in the total amount of $356,388.61 be
approved for payment.
COUNCIL REMARKS
1. Councilman Gammell inquired of staff's progress in obtaining
decorative ornamentation for traffic signals to be installed at various
intersections.
City Engineer informed the Council that the traffic signal
standards would be erected next week, and he is securing estimates from
a company in Mission Viejo and other sources for the decorative
ornamentation.
2. Councilman Gammell stated he has received complaints from
property owners on Paseo Rosa and Calle Lucana who are dissatisfied with
the condition of the street which was just recently resurfaced. He
stated that many residents are tracking tar into their homes, and
requested this be looked into further by the Public Works Department.
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3. Mayor Thorpe stated he has received a complaint concerning
cable television service and has requested the City Manager to contact
franchisee in hopes of receiving a better level of service.
4. Mayor Thorpe stated he attended the Project 21 conference
on July 22nd regarding Population Growth, and presented the Council
with information for their review. He also presented a booklet from
SCAG with relation to a recent airport study.
5. Mayor Thorpe commented on the recycling project underway by
the City of San Clemente.
6. Mayor Thorpe suggested the Council meet for a budget session
on Wednesday evening, July 26 at 7:00 p.m. There were no objections.
7. Mayor Thorpe also suggested that Council schedule a public
hearing on the 1972-73 budget for Monday, July 31 at 7:00 p.m.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, that a special meeting be held for public hearing
on the budget on Monday, July 31 at 7:00 p.m.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, that meeting be adjourned. Meeting adjourned
at 10:35 p.m.
ATTEST:
City Clerk
s F. Thorpe, Mayor of the
y of San Juan Capistrano
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