72-0814_CC_Minutes_Regular Meetingx,18
AUGUST 14, 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
T. J. Meadows, Director of Public Works.
Roll Call: Councilmen Present: Edward S. Chermak, Josh
Gammell, James K. Weathers,
and James F. Thorpe
Councilmen Absent: Roy L. Byrnes
Approval of minutes of July 24, 1972, Regular Meeting.
Councilman Gammell made reference to Page 5 of the minutes, f
i
Section 1 - d) of Ordinance No. 198 relating to Parks & Recreation
Commission.
Councilman Gammell indicated that he did not think it was the
Council's intent to have each Commissioner appointed by individual
Councilmen.
Mr. Dennis Paquin of the Parks & Recreation Commission stated
it was the Commission's intent to select four members for 2 year terms,
expiring at the next Council election and three members to have 4 year
terms, all effective last April.
Following discussion the City Attorney was directed to revise
the ordinance accordingly.
The minutes of July 24 were approved as amended.
Councilman Gammell made reference to the minutes of July 31 and
stated the record should be corrected to show Mr. Walton's name as
Douglas rather than Donald. There were no other corrections and
the minutes were approved.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, that all ordinances and resolutions for
this meeting be read by title only.
CONSENT CALENDAR ITEMS
NONE
COMMUNICATIONS (Oral)
Mark D'Hondt, Jeff and Mark Cady, elementary students, addressed
the Council and submitted a petition containing signatures of under -
aged non -voters, urging registered voters of San Juan Capistrano to
vote "yes" on proposed Parks Tax Rate at August 22nd election.
PUBLIC HEARINGS
1. Amendment to Parks & Recreation Element of General Plan -
Bicycle, Equestrian & Hiking Trails System.
Planning Director Johns displayed a map showing proposed system
and stated this amendment, if approved, will be included in the open
space element of the General Plan. The plan can be expanded or
altered and represents approximately 19.3 miles of bicycle trails
and 11.1 miles for equestrian trails and hiking.
AUG141972
Mayor Thorpe declared the public hearing open.
Mr. Dennis Paquin of the Parks & Recreation Commission addressed
the Council and stated that subject plan has been extensively reviewed
by the Commission and it is their recommendation that it be adopted.
Hearing no further comments from the public, Mayor Thorpe
declared the public hearing closed with right to reopen at anytime.
Mayor Thorpe commented that immediate implementation of the
total plan would be prohibitively expensive.
City Engineer stated that Del Obispo within the City limits
should be striped and designated as a bike way before school begins
in the fall.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to adopt Resolution No. 72-8-14-1, approving
the amendment to Parks & Recreation Element of General Plan.
2. RZ 72-107 (South Coast Development Co.) - PD to Cl.
Planning Director Johns stated subject property consists of
some 4.30 more or less acres of land located westerly of Village San
Juan and adjacent to the freeway.
It was noted that the Commission denied this request, without
prejudice, as they felt that C-1 zoning at this time was premature.
Mr. Johns further stated that the Commission is now studying
the possibility of establishing a C -IA zone which would place archi-
tectural control on all C-1 zones.
Mayor Thorpe declared the public hearing open.
Mr. J. W. Bolich, representing South Coast Development, addressed
the Council in favor of the request, and stated his company would not
object to architectural controls.
Mr. Randy Williams, resident, addressed the Council in favor of
the requested zone change.
Mayor Thorpe hearing no further comments from the public closed
the hearing with right to reopen at anytime.
Following a brief discussion it was moved by Councilman Weathers,
seconded by Councilman Chermak, and unanimously carried, to deny
RZ 72-107 (South Coast Development Co.).
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 72-8-14-2, declaring
Council's intention to rezone the property in question (RZ 72-107)
to C-lA following the creation of said zone.
3. RZ 72-109 (C. Michael) - County Zoning to R-1.
Planning Director Johns stated subject property is located
south of the Iwata property between Alipaz and Del Obispo and consists
of approximately 37 acres of land. He added that property is a part
of the proposed Pryor Homestead Annexation.
Mayor Thorpe declared the public hearing open.
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Mr. Hal Raab, representing C. Michael, addressed the Council
in favor of the request.
Mr. Bruce Winton, Partner, Capistrano Airport and Industrial
Park, Ltd., addressed the Council stating he was not directly opposed
to the request, but he did feel that developer and property owners
should be aware of the airport's close proximity and the location of
the take -off runway which is approximately 1200 feet from the property
in question.
Discussion amongst the Council. included the flight pattern, the
flood plain and future alignment of Alipaz.
Moved by Councilman Weathers, seconded by Councilman Chermak,
to approve RZ 72-109 and introduce Ordinance No. 205.
Mr. Raab addressed the Council again and requested they defer
action on RZ 72-109 until additional information is obtained as to
the flood plain study and the Council has had an opportunity to
view the site.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to table the foregoing motion to August 28.
4. Continued Hearing on 1972-73 Fiscal Year Budget.
There being no objections this item was deferred to August 28.
BIDS, CONTRACTS, AGREEMENTS
1. Agreement with Barwick -Datsun Agency to construct public
improvements along Camino Capistrano.
City Engineer stated that developer has furnished a faithful
performance bond in the amount of $14,000.00 which is the current
estimated cost for the public improvements that are pledged. The
agreement allows the developer a five-year period in which to do his
work.
Moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried, that the agreement be approved and the Mayor
and City Clerk authorized to execute.
2. Agreement with Russell Hafer, M.D., regarding public improve-
ments along Camino Capistrano, LUP 72-102.
City Engineer stated that this agreement has been prepared in
accordance with Council's direction and gives the applicant a one-
year period in which to construct the required public improvements.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, that the agreement be approved and the Mayor and
City Clerk authorized to execute.
2a. Acceptance of right-of-way deed from Russell Hafer, M.D.,
for Camino Capistrano.
City Engineer explained that this involves 2 feet of right-of-
way along the east side of Camino Capistrano and a curb return radius
of 25 feet.
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Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 72-8-14-3, accepting
right-of-way deed from Russell Hafer, M.D., and authorizing recorda-
tion of same.
3. Agreement with Griffith Co., Street Maintenance Project
No. 7138, Change Order No. 1.
Mr. T. J. Meadows, Director of Public Works, advised that
Griffith Company has completed all of the work on above project
according to plans and specifications and it is his recommendation that
Council:
1) approve change order No, 1, reducing quantity of patching
and paying for this item according to actual costs as
specified in standard specification, and
2) adopt a resolution accepting the work as complete as of
June 10,
a. authorize a notice of completion to be filed, and
b. authorize the Finance Director to pay Griffith Company
the amount due.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to approve Change Order No. 1 and adopt
Resolution No. 72-8-14-4, accepting the work as complete as of June
10, 1972, authorizing a Notice of Completion to be filed, and auth-
orizing Finance Director to pay Griffith Company the amount of
$31,446.79.
TEN MINUTE RECESS - 8:40 to 8:50 P.M.
ORDINANCES, RESOLUTIONS
1. Second reading of Ordinance No. 195, amending Business
License Ordinance No. 171 relating to vending and laundry machinery.
City Manager advised that the Chamber of Commerce found no
significant objections to the proposed revision.
Moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried, to adopt Ordinance No. 195.
Attorney Okazaki read the ordinance by title only.
2. Second reading of Ordinance No. 199, relating to powers
and duties of the Planning Commission,
Reference was made to Section 2 of the Ordinance and following
discussion said paragraph was revised to read:
Section 2. Office. Each member of the Planning Commission
shall be a resident of the City of San Juan Capistrano and shall be
nominated by a City Councilman and appointed with the concurrence of
the majority of the Council. The term of office shall coincide with
that of the appointing Councilman; a member may, nevertheless, be
removed at any time, by a majority vote of the City Council.
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Councilman Chermak suggested that a "conflict of interest"
provision be added to this ordinance, to provide that any Commissioner
having a direct interest in any specific zoning matter, variance or
otherwise, could legally disqualify himself from participating in the
consideration of said matter.
There being no objections the Council recessed at 8:55 p.m.
to discuss this matter further.
The Council reconvened at 9:10 p.m. and Councilmen Chermak and
Gammell were appointed to study this proposal further and report to
the Council at the next meeting.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to adopt Ordinance No. 199,
Attorney Okazaki read the foregoing ordinance by title only.
3. Second reading of Ordinance No. 200, Approving RZ 72-106
(Hallcraft), Amendment No. 23.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to adopt _Ordinance No. 200.
Attorney Okazaki read the ordinance by title only.
4. Second reading of Ordinance No. 201, Approving RZ 72-105
(Swan Constructors), Amendment No. 24.
Moved by Councilman Gammell, seconded by Councilman Chermak,
and unanimously carried, to adopt Ordinance No. 201.
Attorney Okazaki read the ordinance by title only.
5. Second reading of Ordinance No. 202, Approving RZ 72-108
(Ziccardy), Amendment No. 25.
Moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, to adopt Ordinance No. 202,
Attorney Okazaki read the ordinance by title only.
6. Urgency Ordinance No. 203, Approving RZ 72-104 (Boston),
Amendment No. 26.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to adopt Ordinance No. 203.
Attorney Okazaki read this ordinance in its entirety.
7. Resolution Creating Impact Committee.
Moved by Councilman Chermak, seconded by Councilman Gammell,
to adopt Resolution No. 72-8-14-5.
Following discussion Mayor Thorpe proposed the following amend-
ment:
Section VIII, c) Upon the formation of this Committee, a
written criteria shall be established for its evaluation of impact
of proposed developments, pursuant to Section a) of this resolution
and submitted to the Planning Commission and City Council for their
review.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to adopt the foregoing amendment.
The resolution was voted upon and carried unanimously.
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SUBDIVISIONS, ANNEXATIONS
1. Tract No. 7541 (South Coast Development), Application for
Permit No. 00872 for flood control channel entry.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to authorize the City Engineer to execute
subject application.
2. Tract No. 7760 (South Coast Development), Application for
Permit No. 21772 for flood control channel entry.
Moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, to authorize the City Engineer to execute
subject application.
City Engineer requested Council's permission to close Rosenbaum
Road to vehicular traffic at certain times during the construction
of the storm drain in Tract No. 7760.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to authorize the Director of Public Works
to close Rosenbaum Road as he deems necessary during period of
construction.
3. Easement deeds (2) for construction of storm drain,
(Rosenbaum property).
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 72-8-14-6, accepting
deeds from Melvin E. and Lois Jean Rosenbaum and authorizing recorda-
tion of same.
4. Tract No. 7191 (Westport), Acceptance of public improvements
and release of bonds.
City Engineer stated that developer has completed all of the
public improvements pursuant to a 3 -party agreement and recommended
the Council accept said improvements and authorize notification to
the lending institution so that the $124,000.00 deposit can be
released.
Moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried, to adopt Resolution No. 72-8-14-7, accepting
the public improvements for Tract No. 7191 and releasing the bond
in connection therewith.
5. Tract No. 7230 (Westport), Acceptance of public improvements
and release of bonds.
City Engineer stated that developer has completed all of the
public improvements pursuant to a 3 -party agreement and recommended
the Council accept said improvements and authorize notification to
the lending institution so that the $54,900.00 deposit can be
released.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to adopt Resolution No. 72-8-14-8, accepting
the public improvements for Tract No. 7230 and releasing the bond
in connection therewith.
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6. Easement deed for Del Obispo Street.
City Engineer recommended the Council accept the above deed
from the Roman Catholic Archbishop of Los Angeles and authorize
payment of $650.00 for same. He stated this concludes all the
right-of-way needed for the improvement of this street.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 72-8-14-9, accepting
easement deed from the Roman Catholic Archbishop of Los Angeles
and authorizing payment therefor.
COMMUNICATIONS (Written)
1. Request from E1 Adobe Restaurant for "No Parking Zone" on
Camino Capistrano.
It was recommended by the staff that the request be approved.
Moved by Councilman Weathers, seconded by Mayor Thorpe, to
approve staff's recommendation.
Following discussion as to whether the E1 Adobe has the required
number of parking spaces,it was moved by Councilman Gammell, seconded
by Councilman Chermak, and unanimously carried, to table the fore-
going motion, and direct staff to prepare a status report on the
parking situation for next meeting.
2. County Road Department, requesting adoption of resolution
regarding "Clean-up Program" in May, 1973.
It was noted that the County of Orange is requesting each of the
twenty-six Cities within County to focus attention upon and give
special emphasis to projects designed to enhance the environment
during the month of May.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 72-8-14-10, declaring,
the City of San Juan Capistrano's intention to participate in a co-
ordinated Clean-up Program during the month of May, 1973, and urging
all citizens and civic organizations to take whatever action they
can to initiate beautification projects.
COMMUNICATIONS (Oral)
None
ADMINISTRATIVE
1. Staff's preliminary report and draft of proposed ordinance
creating a development tax.
City Manager presented the proposed ordinance for consideration
and briefly outlined its contents.
Discussion followed as to the rates to be charged and staff
was directed to insert in the ordinance the fees listed below:
1. Residential:
Single family dwellings . . . . . . . .$100 per unit, plus
$10 per bedroom over one
Duplexes . . . . . . . . . . . . . . . $100 per unit, plus
$10 per bedroom over one
Multifamily dwellings (Three (3) or more units) - $100
per unit, plus $10 per bedroom over one
For each hotel or motel room without a kitchen, excluding
bathrooms . . . . . . . . . . . . $50 per unit
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Mobilehome park pads . . . . . . . . . . . $100 per pad
Commercial and Industrial Structures . . . .10¢ per sq. ft.
The Council further agreed to add a paragraph to Section 7 -
"Exemptions", to provide for imposition of development tax on any
building with an exempt status should it be converted to a non-exempt
status.
The staff was directed to make revisions in accordance with
the above and place this item on next agenda.
2. Additional compensation to Secretary II (Mrs. Kiddell)
for assumption of Deputy City Clerk's duties in addition to current
assignments.
City Manager recommended that Council authorize the one-time
payment of two weeks' additional salary for Mrs. Kiddell.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to approve the foregoing recommendation
and authorize the payment therefor.
3. Staff's report on traffic signals being installed within
the City.
Mr. T. J. Meadows, Director of Public Works, stated that
Steiny and Company have requested a sixty (60) day time extension
due to a delay in the delivery of the controllers for this project.
The extension will move the completion date to September 21. He
recommended approval of the time ectension, as the contractor will
furnish substitute controllers in hopes of having all signals in
operation by August 21.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to approve the foregoing recommendation.
4. Status of PEP Program for Fiscal 1972-73.
City Manager presented his report advising that Congress has
renewed the program but has not passed the appropriation bill.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to continue the PEP employees, using
contingency reserve funds on a month-to-month basis.
It was further requested that staff report back to the Council
in September on the status of federal funding.
PARKS AND RECREATION COMMISSION MATTERS
1. Request for time extension on Serra Park.
Mr. Phillip Schwartze, Chairman, addressed the Council and dis-
cussed Westport's request for an extension on the rough grading of
Serra Park, and stated it is the Commission's recommendation that,
should any extension of time be granted, Westport be required to
provide temporary turfing, such as hydro -seeding, adequate to protect
the site from winter rains because of the delay in development.
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AUG 141972
226
Mr. C. Edward Rabalais, Vice President of Westport Home Builders,
addressed the Council and stated their grading contractor is ready
to commence operations, but is being delayed until a place can be
found to haul the excess dirt existing on the parksite. Their best
estimate is that the dirt will be removed and the park graded by
October 1, 1972.
Following discussion the Commission was requested to prepare
a recommendation for the first meeting in September as to the cost
and type of turfing adequate to protect the site.
2. Request for advance Council approval for Park and Recreation
Commissioners to attend N,R.P.A. Conference in Anaheim in October.
Chairman Schwartze recommended that Council authorize three
Commissioners to attend the above-named conference at a registraton
fee of $50 per person.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to approve the foregoing recommendation as
requested.
3. Request for allocation of $400 to advertise and promote
voters support for Parks Tax Rate on August 22nd.
Chairman Schwartze stated it is the Commission's request
for Council to appropriate the sum of $400 to be utilized for display
advertising in local newspapers.
Discussion followed and it was indicated by the Council that
tax dollars should not be used for this type of purpose.
Moved by Councilman Chermak, seconded by Mayor Thorpe, and
unanimously carried, to deny the foregoing request.
PLANNING COMMISSION MATTERS
Set public hearings on the following:
1. Open Space Element of General Plan.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to set August 28, 1972, for hearing on the
foregoing.
2. RZ 72-110 (Leadership Homes) - Ul to R1.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to set August 28, 1972, for hearing on the
foregoing.
COMMITTEE REPORTS
None
WARRANTS
1. Approval of Warrants for period ending August 11, 1972.
Moved by Councilman Gammell, seconded by Councilman Chermak,
and unanimously carried, to approve warrants 1041 through 1105 in
the amount of $162,530.90.
COUNCIL REMARKS
1. Mayor Thorpe stated that Council has been requested by the
League of California Cities to designate a voting representative and
alternate for the League Conference in October.
Following discussion this item was held over until a full Council
is present.
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22i
2. Councilman Gammell requested that staff investigate storage
of lobster pots on land near Los Rios Avenue in the vicinity of newly
established nursery.
3. Councilman Gammell again inquired of staff's progress in
obtaining decorative ornamentation for traffic signals being installed.
City Engineer stated he will prepare a summary report on this
matter.
4. Councilman Chermak made reference to RZ 72-110 (Leadership
Homes) which will be heard at the next meeting and consists of some
90 acres of land. He stated that the City is committed to $86,000
for an interchange and $25,000 for reconstructing a portion of a City
street in this immediate vicinity, and asked whether the City could
legally place some of these costs upon the developer rather than burden
the taxpayer.
The City Attorney was directed to investigate this matter further.
5. Mayor Thorpe commented again on the difficulties that resi-
dents of Planned Development are experiencing in attempting to make
alterations, additions, etc. to their property and not being aware that
prior approval of all architectural features is required from their
respective association, and questioned if the staff has pursued this
matter.
City Manager replied that the Planning Director has contacted
the County Department of Building & Safety, inquiring if they have
had similar problems in this regard, and it was suggested that the
City invite the various homeowner associations to an informal meeting,
to discuss notices being sent to the property owners upon their
moving into the development.
6. Mayor Thorne stated he attended the Town Hall meeting on
August 10, sponsored by the Chamber of Commerce, as a proponent for
the establishment of a Department of Public Safety. He added that
a number of questions were raised and if the Council had no objections
he may issue a statement on this subject. There were no objections.
7. Mayor Thorpe presented a letter from the San Clemente General
Hospital, announcing the opening of their first major medical facility
in the community, and inviting the Council to attend the open house
festivities on Sunday, August 20th from 2:00 to 7:00 p.m.
The Council adjourned to a personnel session at 10:50 p.m.
The meeting reconvened at 11:27 p.m. and adjourned at 11:28 p.m.
ATTEST:
City Clerk
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me F. Thorpe, Mayorvof the
Cit of San Juan Capistrano
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