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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. - 2 - NpV271972 .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 - 3 - (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. - 4 - liOV271972 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- - 5 - NOV 27197Z 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. Z� 11 NOV 2 7199 28 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 _ 7 _ NOV 271972