72-1127_CC_Minutes_Regular Meeting277
NOVEMBER 27, 1972
REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:05 p.m. by Mayor James F. Thorpe.
The Pledge of Allegiance was led by Gary Schnell and Jeff Alexander
of Boy Scout Troop No. 12. Invocation was given by T. J. Meadows,
Director of Public Works.
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 November
13, 15 and 21, 1972, were approved as presented.
It was moved by Councilman Gammell, seconded by Councilman Byrnes,
and unanimously carried, to have all ordinances and resolutions for this
meeting read by title only.
CONSENT CALENDAR MATTERS
1. Tropical Ice Cream Co. - Request to solicit ice cream from
vehicle.
2. Orange County Heart Assn. - Request to solicit for funds
February 1 to March 1, 1973.
3. Proclamation declaring December 9 through 15, 1972 as "Bill
of Rights" week.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to grant request of Tropical Ice Cream Company,
with proviso that no electrical amplification be used and sound be
limited to melodious and sonorous chimes, and that hours of operation be
from 9 a.m, to sunset, Monday through Saturday.
There being no objections Consent Calendar items 2 and 3 were
approved as requested.
PUBLIC HEARINGS
1. Abatement of Abandoned Vehicle on E1 Camino Real.
Mayor Thorpe advised that subject vehicle is no longer on said
property and therefore no further action of the Council is required.
2. Continued Hearing on RZ 72-111 (Smith) - U1 to PD.
It was recommended by staff that hearing be reopened and continued
to Daceml)cr 11, 1972.
There being no objections Mayor Thorpe declared the puLlic hearing
re-ouened and continued to December 11, 1972. NOV 2 71972
121; 7 S
DS, CONTRACTS, AGREL:IENTS
1. Agreement with R. D. Perry for Waiver of Certain Public
Improvements - DOL 63-102.
City Engineer displayed map of subject property located along Del
Obispo Street and Aguacate Road.
Following discussion it was moved by Councilman Weathers, seconded
by Councilman Gammell, to table this matter to the next.regular meeting
and direct staff to furnish plat map, copy of original agreement with
B. P. Williamson, and any additional information relative thereto. _
2. Proposed Agreement with Orange County Transit District.
There being no objections this matter was held over to the next
regular meeting for further consideration.
3. Recreation Land Planners - Progress Payment.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
unanimously carried, upon receipt of corrected invoice, to approve payment
in the amount of $5,551.00 to Recreation Land Planners.
4. ,Approval of Right -of -Way Deed for Alipaz Street Project -
D. A. Ganfon Company.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to accept the foregoing easement deed and authorize
its recordation.
5. Approval of Corporation Grant Deed for Off -Site Road - Tract
7541 - South Coast Development Company.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to accept the foregoing grant deed and authorize
its recordation. %
ORDINANCES, RESOLUTIONS
1. Proposed Scenic Highway Ordinance.
There being no objections this item was deferred to a later date.
2. Proposed Resolution Supporting Concept of Environmental En-
hancement Program.
The Council took no action on this matter.
3. Proposed Resolution Amending Classification & Salary Plan -
Account Technician to Junior Accountant.
Moved by Councilman Byrnes, seconded by Councilman weathers, and
unanimously carried, to adopt Resolution No. 72-11-27-1, amending the
classification and salary plan.
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.27(
4. Proposed Resolution Declaring Council's Intent Regarding
Parks & Recreation Program and Providing Direction to the Parks & Recrea-
tion Commission.
Mayor Thorpe presented a draft of the proposed resolution and
read in its entirety.
The staff was directed to prepare resolution in final form and
place matter on next agenda.
SUBDIVISIONS, ANNEXATIONS
1. Dr. & Mrs. Aidan Raney, Requesting Annexation to City - Approxi-
mately 21 acres of land adjacent to Del Obispo Street near Marco Forster
Jr. High School.
Planning Assistant Tooker advised that applicants have requested
a prezone of this property to planned development (PD) which will be
considered by the Planning Commission at their December 5th meeting.
There being no objections this matter was deferred pending
Planning Commission action.
2. Proposed Annexation - C. Michael - Iwata Properties.
City Manager reported that C. Michael Inc. has determined to re-
apply on its own to LAFCO for annexation to the City in conjunction with
the neighboring Iwata property. The Local Agency Formation Commission
has asked for the City's response on the advisability of such an annexa-
tion. In addition, Council must make a decision on whether to request
additional postponement on its appeal before the Board of Supervisors
on C. Michael's permission to develop under County jurisdiction.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
carried, that it be the position of this Council to support the requests
of the two property owners and their applications to LAFCO. Mayor
Thorpe voted noe.
COMMUNICATIONS - (Written)
1. Capistrano.Valley Mobile Estates - Regarding Parking on
Avenida Aeropuerto.
There being no objections this matter was referred to the City
Engineer for report and recommendation at the next regular meeting.
2. Nita,Bowers, resident of Dana Point, Commending the City
on its appearance and improvements.
='11MUNICATIONS - (Oral)
NONE
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(d 0V 2 71972
1 so
TEN MINUTE RECESS - 8:35 - 8:45 P.M.
ADMINISTRATIVE
1. Staff Report on Traffic Study for Capistrano Villas Home-
owners Association.
The City Engineer presented his report relative to request for
certain traffic control devices and traffic aids for various public
streets and alleyways within the new development. He recommended
there be a posted sign at the entry to all alleys that there is no
Parking at any time. In addition, at selected locations in the interior
system, several "No Parking" signs be posted.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to approve the foregoing recommendation.
It was also suggested that staff notify the Sheriff's Department
of these new regulations.
2. Benefits to Property Adjacent to San Diego Freeway - Camino
Las Ramblas Interchange.
City Manager outlined in brief four major alternatives for funding
this project and requested interim direction from the Council as to how
to proceed.
Staff was directed to continue negotiations and report progress
to Council.
PARKS & RECREATION MATTERS
NONE
PLANNING COMMISSION MATTERS
1. Appeal of Ray Ziccardy - Tracts 7673 and 7674.
Planning Assistant Tooker displayed tentative map depicting sub-
ject tracts and stated that the Planning Commission denied the request
without prejudice and requested submittal of a new concept.
Mr. Ray Ziccardy, appellant, addressed the Council in behalf of
his appeal, stating he feels the proposed concept is good land use and
compatible with adjacent planned development.
Following discussion it was moved by Councilman Weathers, seconded
by Councilman Gammell, and carried, to uphold the recommendation of the
Planning Commission and deny the foregoing appeal without prejudice.
Councilman Chermak voted noe on the foregoing motion.
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2. Report from City Attorney regarding Tentative Zoning.
There being no objections the foregoing report was referred back
to the City Attorney for futher clarification.
3. Appeal of Swan Constructors on LUP 72-121 - Proposed Recrea-
tional Vehicle Park on Alipaz Street.
Mr. Frank Ahearn, Vice President of Swan Constructors, addressed
the Council in behalf of his appeal. He displayed renderings of the
proposed development and a final site plan. He added that an Environ-
mental Impact Report is being prepared and would be forwarded directly
to the Council when completed.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to table the foregoing matter to the next regular
meeting for an Environmental Impact Report.
4. Councilman Byrnes Report regarding Status of E1 Nido Mobile -
home Estates.
Councilman Byrnes stated the intent of Ordinance No. 115 to
govern the use of land is carried forward by Sec. 6.03 which specifies
the conditions under which a permitted use becomes void in the event
the project is not pursued. The Council should make a determination
defining its requests for diligent prosecution, and in fairness to the
developer, the City and those persons who have complied with said
ordinance, he would suggest the following:
1) The developer, his staff and appropriate City representatives
prepare a mutually acceptable time table of definite accomplishments, and
2) This matter be formulated in writing and accepted by the
developer and City, and
3) Said agreement forms the basis for the Council's requirements
of diligent prosecution which will then be adhered to or Section 603.2
and 603.3 will be followed.
It was moved by Councilman Byrnes, seconded by Councilman Gammell,
and unanimously carried, to adopt Resolution No. 72-11-27-2, embodying
the three foregoing items.
COMMITTEE REPORTS
1. Capital Improvements Committee.
It was recommended by staff that above report be accepted and
Council make determination on Committee's future activities.
:loved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to accept the foregoing report and refer the Com-
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mittee's recommendations to the Planning Consultant for further report
and recommendation.
STAFF REPORTS
Staff reports were submitted from the following:
1. City Attorney
2. City Engineer
3. City Treasurer
.P
4. Director of Finance
5. Director of Planning
6. Director of Public Works
1. Approval of warrants for period ending November 25, 1972.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to approve Warrant Nos. 1386 through 1424 for the
total amount of $177,732.75.
COUNCIL REMARKS
Councilman Gammell commented on the proposed decorative Mission
Bell type of ornamental lights, and following discussion, Councilmen
Gammell and Weathers were appointed to investigate this matter further.
Councilman Chermak expressed displeasure when approached by an
11 year old youth Sunday evening at 9 p.m. soliciting newspaper sub-
scriptions.
Councilman Chermak requested the City Attorney to research present
ordinances to determine if City can prohibit construction within City
on week -ends.
Councilman Chermak noted that the Planning Commission will be
considering a letter from Bob Olsen, resident, regarding preservation and
beautification of San Juan Capistrano, and suggested this item be removed
from their agenda. He stated he feels this is a matter which should be
reviewed by the Planning Consultant and not the Commission.
The Council took no action.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
carried, to nominate Mayor Thorpe as the City's candidate on the South
Coast Regional Commission. Mayor Thorpe abstained.
Councilman Byrnes suggested consideration be given to a City news-
letter and following discussion, it was moved by Councilman Weathers,
seconded by Councilman Gammell, and unanimously carried, to appoint
Councilman Byrnes to investigate this matter further and report back to
the Council.
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NOV 2 7199
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Mayor Thorpe stated that he has received a number of letters from
people who use the vacant land located at the southern end of the City
limits just immediately south of the San Diego Freeway as a play area,
and are suggesting the City inquire as to its purchase for a possible
park site.
There being no objections staff was directed to investigate and
report back to Council.
Mayor Thorpe adjourned the meeting to a personnel session at
10:58 p.m.
The meeting reconvened at 12:15 p.m. and adjourned immediately.
ATTEST:
City Clerk
Ylt-A \Iy
ames F. Thorpe, Mayof of the
City of San Juan Capistrano
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