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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, - 2 - AUG281979 A 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. - 3 - AUG281972 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. _ 4 - AUG28 W?7 432 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 - 5 - 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 - 6 - AUG281972