72-0828_CC_Minutes_Regular Meeting6OQ0
AUGUST 28, 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 William Davenport of the Capistrano Valley Baptist Church.
Roll Call: Councilmen Present: Roy L Byrnes, Edward S.
Chermak, Josh Gammell, James
K. Weathers, and James F.
Thorpe.
Councilmen Absent: None
There being no additions or corrections, the minutes of August
14, 1972, were approved as written.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to have all ordinances and resolutions for this
meeting read by title only.
CONSENT CALENDAR MATTERS
1. Proclamation declaring week of September 17-23 as
Constitution Week.
2. Fuller Brush Co., request to solicit door-to-door.
3. Proclamation declaring week of August 22-26 as Miss Softball
America Week.
Moved by Councilman Chermak, seconded by Councilman Byrnes, and
unanimously carried, to approve Consent Calendar Items 1 and 3.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
carried, to approve Consent Calendar Item 2. Councilman Weathers
voted no.
PUBLIC HEARINGS
1. RZ 72-110 - (Leadership Homes) - U1 to R1.
The staff report was presented and the public hearing declared
open.
Mr. Elmer Christiansen, Civil Engineer, and Mr. Larry Spicer of
Leadership Homes, addressed the Council speaking in favor of the pro-
posed rezone.
Mr. Bob Mc Collum. Chairman of Alliance Homeowners Association,
appeared in opposition to the proposed development. He requested the
Council impose explicit conditions upon the developer if the zone
change is approved, particularly the filing of an environmental impact
statement.
Mayor Thorpe declared the public hearing closed, with right to
reopen at anytime.
Following discussion it was moved by Councilman Byrnes, seconded
by Councilman Gammell, and unanimously carried, to introduce Ordinance
No. 205, approving RZ 72-110, and require that developer submit an
environmental impact statement acceptable to the City at the time of
tentative map approval.
Attorney Okazaki read the foregoing ordinance by title only.
2. Open Spacc Element of General Plan,
The Interim Open Space Element report prepared by the Planning
Department was presented and the public hearing declared open.
AUG281972
No one appeared in favor or in opposition and the hearing 2 2 V
closed immediately.
Moved by Councilman Chermak, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 72-8-28-1, approving the
Interim Open Space Element of the General Plan.
3. Continued Hearing - RZ 72-109 - C. Michael - County Zoning
to R1.
Mayor Thorpe reopened the hearing and requested comments from
the floor.
Mr. John Stanley, Attorney for the applicant, addressed the
Council and discussed possible flood problems and the airport property
adjacent to proposed development.
Mr. John Wallen, Instructor at Orange County Airport, addressed
the Council with regard to the established flight pattern.
Mr. Mc Caffrey of Capistrano Airport and Industrial Park,
addressed the Council and stated they are not directly opposed to the
subject development, but would recommend that City require an air
navigational easement as an added protection to all concerned.
Mr. Elmer Christiansen, Civil Engineer, addressed the Council
and discussed the proposed secondary flood channel and future alignment
of Alipaz Street.
Mr. Michael Jones of the C Michael Co. addressed the Council
and stated they would be willing to grant an air navigational easement
at the time of tentative tract approval.
Mayor Thorpe declared the public hearing closed, with right to
reopen at anytime.
Following discussion it was moved by Councilman Chermak, seconded
by Councilman Byrnes, and carried, to introduce Ordinance No. 206,
approving RZ 72-109, and require that developer submit an air naviga-
tional easement acceptable to the City at the time of tentative map
approval. Councilman Gammell and Mayor Thorpe voted no.
Attorney Okazaki read the foregoing ordinance by title only.
TEN MINUTE RECESS - 8:55 - 9:05 P.M.
4. Continued Hearing - 1972-73 Proposed Budget.
Mayor Thorpe suggested that consideration be given to the pro-
posed development tax ordinance prior to adoption of the budget.
There were no objections and Ordinance No. 204, providing for
the payment of fees in connection with the construction of new buildings
was presented.
Mrs.Rymer, resident, and Mr. Elmer Christiansen, Civil Engineer
and resident, addressed the Council in favor of the proposed tax.
Mr. Randy Williams, resident, and Mrs. Leona Fitzpatrick, Realtor,
addressed the Council in opposition to the proposed tax.
Mrs. Rose Corrigan, Rancho Los Cerritos, stated she was also
opposed if the money to be collected would be used for the hiring of a
planning consultant.
Following discussion of the proposed development tax rates. it was
moved by Councilman Weathers, seconded by Councilman Byrnes, and carried,
to charge $125 per residential unit, plus $10 per bedroom over one,
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mcbilehome parks $50 per pad, and commercial and industrial structures
.10¢ per square foot. Councilman Chermak and Mayor Thorpe voted no.
Attorney Okazaki read the foregoing ordinance by title only.
Moved by Councilman Weathers, seconded by Councilman Gammell, and
carried, to adopt Ordinance No. 204. Mayor Thorpe voted no.
Mayor Thorpe declared the public hearing reopened on the proposed
1972-73 fiscal budget and requested comments from the audience. There
being none the hearing closed immediately.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to reduce the budgeted amount for law enforcement
services to $180,000, and revise budget revenues to reflect $100,000
in projected income from Ordinance No. 204.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 72-8--28-2, approving the
1972-73 Fiscal Budget as amended.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 72-8-28--3, establishing
and imposing the ad valorem tax rate ($0.90) for fiscal year 1972-73.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 72-8-28-4, establishing
the assessment rate ($0.25) for the redemption of general obligation
bonds for fiscal year 1972-73.
BIDS, CONTRACTS, AGREEMENTS - NONE
ORDINANCES, RESOLUTIONS
1. First reading of Ordinance granting franchise to San Juan
Capistrano Fiesta Assn., and amending Ordinance No. 171.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to introduce Ordinance No. 2_07.
2. Proposed resolution approving Johns-Mansville PVC Gravity
Sewer Pipe in City Standard Specifications.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No__72-8-2II_5L approving Johns-
Mansville PVC Gravity Sewer Pipe in City Standard Specifications.
SU3DIVISIONS, .ANNEXATIONS - NONE
COviMUNICATIONS - (ORAL & WRITTEN) - NONE
ADMINISTRATIVE
1. Staff Report Regarding Requests for Traffic Control Facilities
at Various Locations. 11
City Engineer presented his report dated August 23rd and stated
a report would be forthcoming at the September 25th meeting following
further study.
Councilman Weathers requested that the intersection of Camino
Capistrano and San Juan Creek Road also be included in the foregoing
study. There were no objections and so ordered.
2. Preliminary Evaluation of Planning Consultant Proposals.
Moved by Councilman Byrnes, seconded by Mayor Thorpe, and unanimously
ca.^Tied, that an ad hoc committee composed of two members each from the
City Council and Planning Commission, with assistance of two members of
thta staff, screen prospective consultants and recommend two finalists
to the City Council.
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231
Mayor Thorpe, with concurrence of the Council, appointed Assistant
Planner Tooker and City Manager Weidner to represent the staff and
Councilmen Byrnes and Chermak to represent the Council, with members of
Planning Commission to be appointed by the Chairman.
3. Staff Report on Parking Status of E1 Adobe Restaurant.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to approve staff's recommendation and eliminate
the loading zone as requested.
4. Staff Report Regarding Del Obispo Bike -Way.
City Engineer presented his report dated August 22nd, recommending
the north and west sides of Del Obispo Street (south bound side) from
Alipaz to South City Limits be signed and striped.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously cazried, to approve the foregoing recommendation.
5. Preliminary Report on Assistance to Homeowner Associations
regarding Enforcement of Conditions, Covenants and Restrictions.
The City Manager reported that staff will be meeting with home-
owner associations in an effort to identify problems and develop
methods to assist them in the enforcement of their respective CC& R's.
No action was taken and staff was directed to proceed.
PARKS & RECREATION MATTERS
Mayor Thorpe suggested that Council meet in joint session with
the Parks & Recreation Commission and selected a tentative date of
September 21, 1972.
There were no objections and staff was requested to notify said
commission.
PLANNING COMMISSION MATTERS
1. Resolution No. 72 -8 -15 -2 -PC - Disapproving Recreational
Vehicle Parks in the C -2A Districts.
Mr. Francis B. Ahearn, Assistant Vice President of Swan Construc-
tors, Inc., addressed the Council appealing the Planning Commission's
recommendation. He displayed renderings of the proposed development.
Following discussion it was moved by Councilman Chermak, seconded
by Councilman Byrnes, and carried, to adopt Resolution No. 72-8-28-6,
allowing recreational vehicle parks in the C -2A (restricted general
business) districts. Councilmen Gammell and Weathers voted no.
2. Resolution No. 72 -8 -15 -3 -PC - Approving Retail Nurseries in
the C-1 Districts.
The Council took no action, constituting approval of the recom-
mendation.
C05I,MITTEE REPORTS - NONE
STAFF REPORTS
Reports were presented from the following:
City Attorney, City Engineer, City Treasurer, Director of Finance,
Director of Planning, Director of Public Safety and Director of Public
Works.
City Engineer recommended that Council accept an irrevocable offer
to convey easement from John and Barbara Zelco for acquisition of right-
of-way at the east end of San Juan Creek Road.
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432
Moved by Councilman Chermak, seconded by Councilman Weathers, and
un<enimously carried, to accept the foregoing easement and authorize its
recordation,
Mr. Kubota also recommended that if it's the Council's desire to
revise land grading requirements in the present County ordinance used
by the City, staff should be directed to review the matter and prepare
an ordinance for consideration at the next meeting.
There were no objections and staff directed to proceed,
WARRANTS
T Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to approve warrant numbers 1106 through 1164 in
the amount of $48,351.56.
COUNCIL REMARKS
1. Designate voting representative and alternate for League
Conference in October.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to appoint Mayor Thorpe as the voting representa-
tive and Councilman Byrnes as the alternate.
2. Discussion of Impact Committee.
The foregoing item was deferred to a personnel session later in
the meeting.
3. Councilman Gammell requested that staff investigate a possible
traffic hazard at the intersection of Ortega Highway and Del Obispo
where Ortega Highway narrows from two lanes to one.
4. Councilman Chermak requested that staff investigate the
entrance sign to the Mission Drive -In Theatre located on Del Obispo
Street,
5. Councilman Chermak requested that the City Manager be directed
to contact Glendale Federal Savings & Loan Association regarding the
golf course property presently for sale,
FIVE MINUTE RECESS - 12 Midnight to 12;05 A.M.
The City Clerk's Statement of the results of the August 22, 1972
Special Municipal Election was presented as follows:
Proposed Department of Public Safety
PRECINCTS
Voting Precinct 1
Voting Precinct 2
Voting Precinct 3
Voting Precinct 4
Total Votes in Precincts
Absentee Votes
Total Votes Including
Absentee Votes
DAPrTmrTC
Yes
No
Total
160
291
451
220
318
538
61
141,1
202
104
207
311
545
957
1502
21
24
45
566
981
1547
Proposed Parks Tax Rate
Voting Precinct 1
Voting Precinct 2
Voting Precinct 3
Voting Precinct 4
Total Votes in Precincts
Absentee Votes
Total Votes Including
Absentee Votes
Yes
No
Total
196
255
451
226
312
538
67
135
202
102
209
311
591
911
1502
24
22
46
615
933
1548
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AUG281972
23C
As a result of said election, a majority of the qualified voters
on said measures did not vote in favor thereof, and said propositions
did not carry and shall be not deemed adopted.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to adopt Resolution No. 72-8-29-1, reciting
the fact of the special municipal election held August 22, 1972, and
declaring the results thereof.
Roll Call Vote as follows:
Ayes: Councilmen: Byrnes, Chermak, Gammell, Thorpe, Weathers
Noes: Councilmen: None
Absent: Councilmen: None
There being no further business the Council adjourned to a
personnel session at 12:07 a.m.
The meeting reconvened at 1:15 a.m, and adjourned immediately.
ATTEST:
City Clerk
d -r J
ayes F. Thorpe, Mayor of th
Ci y of San Juan Capistrano
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