72-1211_CC_Minutes_Regular MeetingDECEMBER 11, 1972
REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:08 p.m. by Mayor James F. Thorpe.
The Pledge of Allegiance was recited. Invocation was given by
Father Johnson of the San Juan Capistrano Mission.
At this time Mayor Thorpe called upon the City Attorney to issue
a statement relative to legal action involving Councilman James Weathers.
Attorney Okazaki stated that on December 7, 1972, Councilman
James K. Weathers plead guilty to assault with a deadly weapon (Penal
Code Section 2409). The sentence imposed, however, was tantamount to
that for misdemeanors. It is the opinion of the City Attorney that
based upon his review of the file, consultations with the defense
attorney, other criminal law specialists, and research of court
decisions, the offense of which Councilman Weathers was convicted is a
misdemeanor and that his position as City Councilman is not vacated.
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
27, 1972, were approved as presented.
It was moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, to have all ordinances and resolutions for this
meeting read by title only.
CONSENT CALENDAR MATTERS - NONE
PUBLIC HEARINGS
1. Continued Hearing on RZ 72-111 - (Smith) - U1 to PD.
City Manager reported that on November 30, the Impact Committee
rejected Mission Glen's EIR as inadequate and requested additional
information. It is staff's recommendation that this hearing be held
over to the next regular meeting.
Mr. Girard Smith, applicant, addressed the Council and stated he
could not provide the information requested, but would attend the next
meeting of the Impact Committee to try and clarify any questions they
may have.
Following discussion Council requested the Impact Committee to
submit a recommendation based on the best facts available for considera-
tion at the next regular meeting.
DEC111972
BIDS, CONTRACTS, AGREEMENTS [1
1. Agreements with Mr. & Mrs. Wes Klusmann for Waiver of Certain
Public Improvements - DOL 71-108 - Parcels 1 and 2.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to approve the foregoing agreements and authorize
the Mayor and City Clerk to execute.
2. Agreement with Orange County Transit District.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to add a paragraph to Section 1 stating that "all
signs, benches and shelters placed in the City shall be approved by same."
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to approve the foregoing agreement as amended.
Staff was directed to forward said agreement to the Transit District
for their review and comments. '
3. Agreement with Roman Catholic Church for Construction of Sani-
tary Sewer System - DOL 71-105 - Los Rios and Ramos.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, to approve the foregoing agreement and authorize
the Mayor and City Clerk to execute.
4. Approval of Easement Deed for Off -Site Drainage - Tract No. 5592,
Glendale Federal Savings & Loan Association.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to accept the easement deed and authorize recordation.
ORDINANCES, RESOLUTIONS
1. Second Reading of Ordinance No. 210 - Revised Parks Fee
Schedule and Repealing Ordinance No. 131.
Mr. Phillip Schwartze, Chairman of the Parks & Recreation Commis-
sion, addressed the Council and answered questions regarding proposed
ordinance.
During course of discussion minor revisions were made in the
ordinance, (Section 5 (a), Section 5 (b) and Section 6 - 1st paragraph).
City Manager stated that by applying the current and proposed new
park fee rates to a proposed tract map now being received by the City, it
was determined park fees would increase from approximately $5800 to approx-
imately $24,000 in that particular case.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to adopt Ordinance No. 210 as revised.
Attorney Okazaki read the foregoing ordinance by title only.
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2. Resolution Declaring Council's Intent Regarding Parks &
Recreation Program.
The word "basic" was substituted for the word "minimal" in the
first paragraph of said resolution, and it was moved by Councilman
Weathers, seconded by Councilman Gammell, and unanimously carried, to
adopt Resolution No. 72-12-11-1.
Attorney Okazaki read the foregoing resolution by title only.
3. Proposed Resolution Supporting Request of Parents on Pools
Committee.
Mr. Craig of the Parents on Pools Committee stated they have
completed the petitioning for community pools to be built at Dana Hills
and San Clemente High Schools and are now requesting a final resolution
from the Council to the County Board of Supervisors in support of said
pools.
During discussion Paragraph 7 was revised to include the locations
of the two swimming pools, and Paragraph 8 to be revised to reflect that
tax district shall terminate at the end of two years.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 72-12-11-2 as revised.
Attorney Okazaki read the foregoing resolution by title only.
4. Discussion of Proposed Urgency Ordinance Requiring Environ-
mental Impact Reports.
Mr. Ed Haworth, Planning Consultant, briefly discussed AB 889 and
stated the bill does not prohibit cities from requiring environmental
impact reports and related information, however, the State Legislative
Counsel has interpreted that said bill would require a determination at the
local level that EIR's would continued to be required.
Mr. Robert Shelton of Haworth & Anderson stated inasmuch as the "_'`t,
City has already adopted the County's procedures and guidelines he does
not feel further legislative action is imperative at this time.
Mr. Haworth stated it is their desire to determine what role the
Impact Committee has as to the evaluation of EIR's and bring to the
Council a guideline procedure for the entire process.
There being no objections this matter was held over to the next
regular meeting for report and recommendation from the Planning Con-
sultants.
TEN MINUTE RECESS - 8:40 - 8:50 P.M.
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287
5. Proposed Urgency Ordinance Amending zoning Ordinance No.
115 by Adding Section 4.24, Hillside Development Regulations.
Mr. Haworth recommended their firm continue to review the subject
ordinance before adoption. There were no objections.
The Council also suggested that Planning Commission review the
ordinance prior to the next regular Council meeting and submit a recom-
mendation. There were no objections and this matter was held over to
the next regular meeting.
6. Resolution Approving Increase in Salary and Automobile Allow-
ance for City Manager.
Mayor Thorpe stated that commencing January 1, 1973, Council had
determined that the City Manager shall receive an annual salary of
$17,500, plus an automobile allowance of $125 per month for the use of
his personal automobile for City business.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 72-12-11-3.
Attorney Okazaki read the foregoing resolution by title only.
SUBDIVISIONS, ANNEXATIONS
1. Approval of Final Map for Tract No. 7393 - Bauer Development.
City Engineer stated this development is the second increment of
the Tentative Map No. 7393 and all of the public improvements along Del
Obispo Street and rough grading operations have already been completed
as a part of the work of the companion unit Tract No. 7561.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to accept the final tract map No. 7393 and authorize
execution of the public improvement agreements.
COMMUNICATIONS - (Written)
1. Yvon O. Heckscher - Requesting traffic control on Del Obispo
Street opposite Vermeulen stand.
There being no objections the foregoing request was referred to
the City engineer for investigation and report.
2. Arthur A. Florez - Request for Taxicab Permit.
A report from the City Manager was presented, listing seven
determinations which must be made,should the Council approve the applica-
tion.
The Council discussed the proposed required insurance coverage as
recommended by the City Manager and suggested that it be consistent
with that required in nearby cities.
14C 111972
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288
Mr. Arthur Florez, applicant, addressed the Council and stated
his vehicle is inspected through the E1 Toro Marine Base and also by
the California Highway Patrol. He also added that his insurance coverage
is in conformance with that required by the State.
Following discussion staff was directed to review the insurance
requirements as stated in the Taxicab Ordinance No. 35 and suggest a
revision at the next regular meeting.
3. Marie Sell - Regarding LUP 72-109 - Camino Capistrano.
The City Engineer presented a report relative to Mrs. Sells'
communication regarding the requirement of the Planning Commission for
a dedication of two feet along the frontage of her property. He stated
it.is his belief that the City should maintain its current position of
adhering to its highway requirements.
Mrs. Marie Sell, applicant, addressed the Council and expressed
opposition to the requirement of the two foot dedication.
Following discussion the Council took no action on this matter.
4. Kellogg P. Wells - Regarding LUP 72-110 - Camino Capistrano.
There being no objections this matter was placed on the next
agenda for consideration.
COMMUNICATIONS - (Oral)
1. Mr. Kenneth Teel, President of Crestlite, Inc., addressed
the Council and requested a one year extension on the use of their rail
car loading facility at 31686 Los Rios. He stated they are willing to
post a $5,000 non-refundable bond to assure their vacancy by December 31,
1973.
Following discussion and there being no objections, this item was
placed on the next agenda for further consideration.
ADMINISTRATIVE
i
1. Staff report regarding request of Capistrano Valley Mobile
Estates concerning parking on Avenida Aeropuerto.
The City Engineer reported that his staff has made an evaluation
of the parking problem due to construction of an addition to the manu-
facturing facility at the north-east corner of Avenida Aeropuerto and
Calle Prefecto. He stated that upon completion of the addition there
will be made available again within the site the required parking for
employees.
In view of the interim nature of the parking situation he recom-
mended that a no parking ban not be established on a permanent basis at
DEC 111972
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this time.
289
The staff was directed to contact the Sheriff's Department and
request they patrol this area during the so called "shift change hours",
and also keep in close communication with Dr. Watkins of the Capistrano
Valley Mobile Estates.
2. Verbal Report regarding modification to Open Space Formula in
Planned Developments.
Mr. Haworth, Planning Consultant, recommended he be directed to
prepare a proposed ordinance amendment for consideration at the next meeting
which would eliminate credit for private streets. There were no objections.
3. AHFP Program for 1973-74.
The City Engineer reported that by January 1, 1973, the City must
submit to the County Road Department our proposal for the projects
to be considered for Arterial Highway Financing Program funds for the
1973-74 fiscal year. It is their recommendation to submit the following
projects:
1) Alipaz from Camino Del Avion to 1,800 feet northerly.
This project would provide for the reconstruction and
realignment of two travel lanes along the ultimate
alignment.
2) Del Avion from Alipaz Street to Via Del Amo, recon-
structing two travel lanes and adding one lane east
bound just east of Del Obispo Street. There is a pos-
sibility of adding further improvements in exchange
for right of way.
3) Del Obispo Street, Camino Capistrano to Los Rios, recon-
structing existing roadway and widen roadway at the
railroad tracks.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to adopt Resolution No. 72-12-11-4, Requesting the
County of Orange to include within the AHFP the development of Alipaz St.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 72-12-11-5, Requesting the
County of Orange to include within the AHFP the development of Camino
Del Avion.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 72-12-11-6, Requesting the
County of Orange to include within the AHFP the development of Del
Obispo Street.
Attorney Okazaki read the above resolutions by title only.
4. Review of Horse Stables.
The City Manager presented his report with regard to a meeting held
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with County Health, Building & Safety and Animal Control officials to
prepare for a survey of conditions in the various horse stables through-
out the City. Mr. Bob Conway, President of the Capistrano Valley
Horsemen's Association was also present.
He explained that the meeting was for the purpose of exploring
the need for and problems in establishing strengthened controls on loca-
tion and operation of horse stables in the City. One of the items con-
cluded by meeting participants was that increased urbanization of.the
City will require fairly strong stable controls in the near future.
Mr. Weidner stated if the Council agrees that increasing develop-
ment and population will require special attention to horse stables,
an ordinance should be prepared.
Mr. Bob Conway, President of the Capistrano Valley Horsemen's
Association, addressed the Council and stated they are willing to co-
operate with the City in every way feasible. He added that there are
nine stables within the City.
Following discussion the Council determined that additional
ordinances and controls would not be necessary at this time.
PARKS & RECREATION MATTERS
1. Maintenance of Lot A, Tract #7183 (Westport).
City Manager stated that when Westport recorded subject tract it
dedicated Lot "A" to the City as public property, & the City by separate
agreement was to take over maintenance commencing Nov.23,1972. Capistrano
Villas Homeowners Association No. 1 has requested the City to commence
maintenance immediately. The property in question runs along the west
side of Avenida de la Vista and is approximately 1700 feet long with
a width varying from 0' to.50'. The total site consists of three-fourths
of an acre.
Staff was directed to secure a cost estimate for maintenance of
this property, and the matter placed on the next agenda.
2. Delinquency Sale of Property in San Juan Creek Flood Plain.
City Manager reported that the City Treasurer has published a
notice of public sale of an approximate 1.29 acre parcel in the immediate
vicinity of our fledgling "greenbelt" development along the San Juan
Creek flood plain. This property is in default of sewer bond payments.
The minimum acceptable bid is $2,381.75. He outlined three major
alternates.
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Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to submit a minimum bid of $2,381.75 and acquire fee to
the parcel, with stipulation that said property would be specifically used
for Park S Recreation purposes and charged against said account. 2 9 1
Roll Call Vote as follows:
AYES: Councilmen: Byrnes, Chermak, Gammell, Thorpe, Weathers
NOES: Councilmen: None
ABSENT: Councilmen: :None
PLANNING COMMISSION MATTERS
1. 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 and answered numerous questions.
Mrs. Maggie Olsen, Manager of the Chamber of Commerce, addressed
the Council stating they have had many inquiries regarding this type of
development. She stated that Doheney and San Clemente State Parks are
asking for reservations 3 months in advance.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
LOST, to uphold the recommendation of the Planning Commission and deny
the appeal of Swan Constructors. Councilmen Gammell and Byrnes voted aye
and Councilmen Chermak, Thorpe and Weathers voted noe.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
carried, to approve the recreational vehicle park as proposed by Swan
Constructors on LUP 72-121, and refer same to Planning Commission for
recommended conditions.
Councilmen Byrnes and Gammell voted noe.
2. Resolution No. 72 -12 -5 -1 -PC - RZ 72-113 - (Raney) - Recom-
mending Council set public hearing date.
Moved by Councilman Byrnes, seconded by Councilman Chermak, dnd
unanimously carried, to set public hearing on the foregoing for January
8, 1973.
3. RZ 72-112 - (Zaenglein) U1 and PH to C2A - Recommending
Council set public hearing date.
Moved by Councilman Chermak, seconded by Councilman Byrnes, and
unanimously carried, to set public hearing date on the foregoing for
January 22, 1973.
4. City Attorney Report Clarifying Tentative Zoning.
The Council expressed satisfaction with the Attorney's explanation
of tentative zoning and took no further action.
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29Z
5. Discussion of conflict between Ordinance No. 56 (Subdivision
Ordinance) and Ordinance No. 115 (Zoning Ordinance).
Attorney Okazaki stated that apparently situations have arisen
whereby a subdivider, having obtained the necessary zoning for his
project, submits a tentative tract map which may be satisfactory when
compared with Ordinance No. 56, but which in some respects deviates
from the requirements of Ordinance No. 115 as to lot widths or frontages
or areas.
The particular question presented is whether the subdivider must
then apply for a public hearing on the variance from the provisions of
Ordinance No. 115 as to those deviations, or whether the map may be pro-
cessed and approved without notice and public hearing pursuant to the
deviations authorized by Sections 3.12 and 8.01 of Ordinance No. 56.
Mr. Okazaki stated it is Attorney Welputt's conclusion that when
there is a variance from the tentative, he would recommend that the
Council follow the more stringent requirements as set forth in Ordinance
No. 115.
Mr. Haworth, Planning Consultant, recommended he meet with the.
City Engineer and review the number of non -conforming tentative tracts
now in process, determine the deviations from the Zoning Ordinance, if
any, and determine what procedure would be followed if said tentative
tract had to go back through the acceptable and legal process now
established.
There were no objections from the Council and so ordered.
COMMITTEE REPORTS - NONE
i'�fi;�;RIF
1. Approval of Warrants for Period Ending December 8, 1972.
Moved by Councilman Weathers, seconded by Councilman Chermak, and
unanimously carried, to approve Warrant Numbers 1425 through 1467 in
the total amount of $38,169.26.
Mayor Thorpe adjourned the meeting to a personnel session at
11:40 p.m.
The Council reconvened in session at 12:03 p.m.
COUNCIL REMARKS
1. Appointment to Orange County Mosquito Abatement District.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to reappoint Mr. Carl Buchheim to the Orange County
Mosquito Abatement District.
DEC111972
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2. Appointment to Comprehensive Health Planning Council.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to appoint Mr. Doug Walton as the City's repre-
sentative on the Comprehensive Health Planning Council.
Mayor Thorpe adjourned the meeting at 12:05 p.m.
ATTEST:
City Clerk
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rte^
a es F. Thorpe, MaydIr of the
ty of San Juan Capistrano
DE01 1 1972