73-0108_CC_Minutes_Regular Meeting30�
JANUARY 8, 1973
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
T. J. Meadows, Director of Public Works.
Roll Call: Councilmen Present: Roy L. Byrnes, Edward S. Chermak,
Josh Gammell, James F. Thorpe,
James K. Weathers
Councilmen Absent: None
Councilman Byrnes requested that the minutes of December 26, 1972,
be corrected to show that the proposed hillside ordinance was introduced
prior to the matter being tabled. There were no objections and the
minutes of December 26, 1972, were approved as corrected.
Moved by Councilman Weathers, seconded by Councilman Gammell, and
unanimously carried, to have all ordinances and resolutions for this
meeting read by title only.
SPECIAL PRESENTATION
1. Mrs. Katherine B. Walton, President of the Capistrano Bay Area
League of Women Voters, addressed the Council and distributed copies
of the League's publication on Population Growth in Orange County.
CONSENT CALENDAR MATTERS - NONE
i
PUBLIC HEARING
1. RZ 72-113 (Raney) Al to PD - Approximately Twenty -One Acres.
City Manager stated the above annexation proposal will be con-
sidered by LAFCO on January 10. He also reported that the Planning
Commission unanimously approved the subject prezone at their meeting
December 5.
Mayor Thorpe declared the public hearing open.
Dir. Bill Diehl of Christiansen & Associates and representing
Layton Coats, the developer, addressed the Council and displayed a map
showing the proposed development. He stated they plan to construct one
and two-story dwellings selling in the forty -thousand price range. They
also plan on adding more recreational area to the site.
Mr. Layton Coats, developer, addressed the Council and discussed
densities in the PD zone.
Mr. George Riley, 31172 Paseo Acacia, addressed the Council in oppo-
sition to the prezone stating he did not feel proposed development would
be compatible with adjacent and surrounding properties.
JAN 8 1973
Mayor Thorpe declared the public hearing closed with right to
reopen at anytime.
Mr. Diehl of Christiansen & Associates addressed the Council again,
stating they too are concerned with the density factor, but it is their
hope that the Council will approve the prezone and they in turn will
work with the City staff on an agreeable amount of density.
Following consideration it was moved by Councilman Byrnes, seconded
by Councilman Gammell, and unanimously carried, to deny the foregoing
prezone without prejudice.
BIDS, CONTRACTS, AGREEMENTS
1. Agreement with Unified Orange County - County -Cities Joint
Disaster Agreement.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to approve the foregoing agreement and authorize
the Mayor and City Clerk to execute.
2. Agreement with Orange County - Intergovernmental Coordinating
Council.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to approve the foregoing agreement and authorize
the Mayor and City Clerk to execute.
3. Agreement with Kellogg P. Wells for Waiver of Condition No. 2 -
LUP 72-110 - Camino Capistrano.
City Engineer stated the proposed agreement is in the process of
being executed by the applicant and will be ready for Council considera-
tion at their next meeting. There were no objections and this matter
was placed on the January 22nd agenda.
ORDINANCES, RESOLUTIONS
-1. Second Reading of Ordinance No. 212 - Approving RZ 72-111 -
(Smith) U1 to PD.
Attorney Okazaki read the foregoing ordinance by title only.
Moved by Councilman Weathers, seconded by Councilman Gammell, and
unanimously carried, to adopt Ordinance No. 212.
2. Second Reading of Ordinance No. 213 - Amending Taxicab Ordinance
No. 35 Regarding Bonding and Insurance.
Attorney Okazaki read the foregoing ordinance by title only.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to adopt Ordinance No. 213.
JAN8 1973
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306
3. Second Reading of Ordinance No. 215 - Amending Subdivision
Ordinance No. 56.
Attorney Okazaki read the foregoing ordinance by title only.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried,.to adopt Ordinance No. 215.
4. First Reading of Ordinance No. 216 - Prohibiting Sunday Con-
struction.
Attorney Okazaki read the foregoing ordinance by title only.
Moved by Councilman Chermak, seconded by Councilman Byrnes, and
carried, to introduce Ordinance No. 216. Councilmen Byrnes and Gammell
voted noe.
5. Resolution Commending Alice Ross Upon Her Retirement as City
Treasurer, Effective December 31, 1972.
Attorney Okazaki read the foregoing resolution in its entirety.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 73-1-8-1.
Mayor Thorpe stated a plaque has been prepared in recognition of
service and will be presented at the next meeting.
6. Proposed Interim Hillside Ordinance. Urgency.
Mayor Thorpe requested those wishing to speak to this
matter to please come forward.
Mrs. Ann Schauwecker, resident and member of the Impact Committee,
presented a petition containing approximately 200 signatures urging that
Council adopt the proposed ordinance.
The following persons also addressed the Council in favor of the
ordinance:
Mr. Robert McCollum, Chairman of Alliance Homeowners Assn.
Mr. Arlin Rude, Resident, 31512 San Juan Creek Road
Mr. George Riley, Resident, 31172 Paseo Acacia
Mr. Art Lavagnino, Chairman of the Planning Commission
The following persons addressed the Council in opposition to the
ordinance:
Mr. Louis Conter, Resident, 27021 Mission Hills Drive
Mr. Robert Kendall, Representing Leadership Housing
Mr. Gilbert Furgeson, Executive Director of S.E.E.D.
Mr. Lawrence Buchheim, Resident, (No Address Stated)
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;! AN 8 1973
v 0 6 Mr. Elmer Christiansen of Christiansen & Associates, addressed the
Council and stated he was neither for nor against the proposed ordinance.
He commented on the ordinance and suggested various changes.
Letters were presented from the following in favor:
Mr. Douglas B. Nash, Resident, 32906 Avenida Descanso
Mrs. Eloise Dunn, President, San Juan Capistrano Historical Society
-Letters were presented from the following in imposition:
Glendale Federal Savings & Loan Association.
Walter Richardson Associates, A.I.A.
Leadership Housing, Inc.
TEN MINUTE RECESS - 9:00 P.M. - 9:10 P.M.
Following discussion it was moved by Councilman Byrnes and seconded
by Councilman Gammell to adopt Ordinance No. 217 -as an Interim Urgency
Ordinance.
Councilman Weathers suggested that Section 4.24.2 be amended.to
read: "These regulations shall apply to all hillside areas within the
City of San Juan Capistrano, except as specifically excluded herein or
hereafteri by ordinance or resolution of the City Council".
The foregoing suggestion was agreeable with the maker of the motion
and the second.
Attorney Okazaki read the foregoing ordinance by title only.
The ordinance was adopted with Councilman Chermak voting noe.
SUBDIVISIONS, ANNEXATIONS
1. Approval of Grading Plan for Tract No. 8070 (Klug) - Tentative
Tract No. 6305 - Ortega Highway.
City Engineer presented the Grading Plan _for approval stating it
conforms to the approved tentative tract map and has received preliminary
approval from the County Grading Department.
Following discussion it was moved by Councilman Byrnes and seconded
by Councilman Gammell, to defer action on the foregoing matter until
the Environmental Impact Report has been accepted by the Council.
Mr. John Klug, developer, 26192 Canyon Crest Road, stated that the
E.I.R. was submitted approximately two months ago for consideration.
He urged that the Council take action on the Grading Plan so they may
proceed.
The foregoing motion was voted upon.and carried unanimously.
Mayor Thorpe directed that the Environmental Impact Report and -
Grading Plan for this tract be placed on the January 22nd agenda.
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304
Staff was further directed to meet with the Planning Consultants,
and others deemed appropriate, to analyze and evaluate the Environmental
Impact Report and submit a recommendation at the next meeting.
Council also discussed the tentative tract maps and land use permits
presently underway and possibly affected by adoption of the Hillside
Ordinance, and there being no objections, staff was directed to prepare
a status review of these matters for consideration at the next meeting.
COMMUNICATIONS - (Written)
1. Bruce Swartout (Tustin Land & Cattle Co.) Regarding Develop-
ment Requirements and Drainage Facilities on Camino Capistrano, DOL 72-
110 - Property of the State Division of Highways.
Reference was made to Mr. Swartout's inquiry as to whether or not
the City plans to permit the State to proceed with the development of
a highway maintenance station without installation of drainage facili-
ties, and/or Smythe Brothers, Inc., who are the applicants under DOL -
72 -110.
City Engineer stated it is his understanding that the State is not
required to conform to local requirements with respect to development,
public improvements, and zoning and planning matters. He further stated
that there is a requirement that Smythe Brothers construct the required
drainage facilities in accordance with the master plan.
Mr. Kubota also stated there are numerous questions that need to
be answered before a formal reply can be made to Mr. Swartout.
Following discussion the City Engineer was directed to meet with
State officials to determine what their site plans include and report
findings to the Council.
COMMUNICATIONS - (Oral)
1. Mr. Elmer Christiansen of Christiansen & Associates and
representing Leadership Housing, Inc., addressed the Council and requested
they approve minor changes in the grading plan for existing lots in
Tract No. 6244 which was approved by the Council on June 17, 1968.
City Engineer Kubota displayed the grading plan and explained the
revisions. He recommended that Council approve the plan.
Moved by Councilman Byrnes, seconded by Councilman weathers, and
unanimously carried, to approve the City Engineer's recommendation and
authorize the applicant to proceed with request for grading permit.
- 5 - JAN 8 1973
ADMINISTRATIVE
3 0 8 1. Report from City Engineer on Policy regarding the Construction
of Public Improvements where required by Conditions of the Planning
Commission for Division of Lands and Land Use Permits.
It was noted this was prepared at the request of Councilman Byrnes
and for Council's information only.
2. Proposal for Periodic City Newsletter.
City Manager advised it would cost approximately $300 to mail the
first 2500 newsletters and somewhat less for the later editions following
setup costs. He stated the Water District could distribute same in their
billing envelope at no additional cost to themselves or charge to the
City. The cost savings of local mailing makes the Water District the
first choice for the method of distribution.
The Council indicated there was no urgent action needed at this time
and the Mayor stated that he and Councilman Byrnes would continue to
work with the City Manager and prepare a proposed newsletter for consid-
eration at a future date.
3. Proposed Camino Capistrano Improvement District.
CitylEngineer outlined the program and explained the documents that
will be presented for Council's consideration at the next meeting.
4. Proposed Agreement with Public Management Service.
City Manager presented a proposed agreement with the above to pro-
vide services in connection with the recruitment of a Director of Finance.
He explained the contents of the agreement and recommended approval.
Moved by Councilman Chermak,.seconded by Councilman Weathers, and
unanimously carried, to approve the foregoing agreement and authorize
the City Manager to execute.
PARKS & RECREATION MATTERS
1. Cost Estimate for Maintenance of Lot "A" - Tract #7183 -Westport
A memorandum from the Director of Public Works was presented, ad-
vising that their office has reviewed the proposal of the private con-
tractor for maintenance of Lot "A" and also related same to an estimate
of cost for maintenance by City forces. It is their opinion that main-
tenance should be performed by the private contractor inasmuch as the
cost utilizing the City forces would be comparable in view of the need
to purchase special equipment for such work.
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JAN8 7973
309
Moved by Councilman Weathers, seconded by Councilman Chermak, and
unanimously carried, to follow the recommendation of the Director of
Public Works and accept the proposal of Western Landscape Maintenance
Company at a cost of $100 per month.
City Manager recommended that the Capistrano Villa's Homeowners
Association be reimbursed maintenance costs from November 22, 1972, to
date on a pro -rated basis.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to approve the foregoing recommendation.
PLANNING COMMISSION MATTERS
1. Charles M. Fischer - Regarding Planning Commission's decision
on DOL 72-111 and Requesting Waiver of Certain Improvements.
City Manager stated that he and the City Attorney and City Engineer
met with the applicant regarding his request. The applicant has stated
he cannot financially comply with the requirement for public improvements
but will dedicate the necessary right of way. He had earlier.indicated
to the City Manager that he could pay the drainage fee of $805 per acre.
Mr. Charles M. Fischer, applicant, requested he be relieved of all
costs involved until further development in the area.
City Engineer stated that if it is the desire of the Council, an
agreement could be prepared similar to the Klusmann agreement.
Moved by Councilman Chermak, seconded by Councilman Byrnes, and
unanimously carried, to follow the City Engineer's recommendation and
direct staff to prepare an agreement for the next meeting.
2. Orange County Cable Television - Requesting Waiver of Condi-
tions - LUP 72-124.
It was recommended by the Planning Commission at their December 19
meeting that the following conditions be waived:
That the property owner be required to install full street
improvements,
That property owner dedicate all necessary right-of-way for
Trabuco Creek Road to a width of 52 feet from centerline, and
That property owner be required to comply with the Drainage
Element of the General Plan.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to approve the foregoing recommendation.
3. 'Resolution No. 72 -12 -19 -2 -PC - RZ 72-124 (Ross) U1 to PD.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to set public hearing date of January 22, 1973, on
the above. JAN8 1971
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3 0 4. E.I.R. Procedures and Guidelines.
Mr. Ed Haworth, Planning Consultant, suggested the above report be
reviewed by the Ad -Hoc Steering Policy Plan and Impact Committees prior
to the next Council meeting. There were no objections and so ordered.
The staff was further directed to prepare an ordinance for con-
sideration at the next meeting establishing EIR procedures and guidelines.
COMMITTEE REPORTS - NONE
WARRANTS
1. Approval of Warrants for Period Ending January 5, 1973.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
unanimously carried, to approve Warrant Numbers 1513 through 1541 in
the amount of $16,963.80.
COUNCIL REMARKS
1. Councilman Weathers inquired of the status of the City's suit
against the Capistrano Villa's Homeowners Association. City Attorney
replied that the complaint has been prepared and "ready to be filed.
2. Councilman Weathers stated he has heard that the Capistrano
Villa's Homeowners Association have made arrangements to install a
hedge barrier between the development the river bed area. He requested
that staff check original tract to determine if this was a requirement
of the developer.
3. Councilman Byrnes questioned the status of the sign survey
and proposed scenic highway ordinance. City Manager replied that the
County has completed their survey of illegal signs in the downtown
district and a report will be forthcoming at the next Council meeting.
4. Mayor Thorpe questioned if the Council wished to purchase
additional hand-out brochures entitled"Welcome to Your City Council
Meeting". There were no objections and the City Manager was authorized
to order an adequate supply.
5. Mayor Thorpe described his recent conversations with the Plan-
ning Consultant on the possible use of the Impact and Policy Plan Commit-
tees as the agencies to assist the City in obtaining citizen participa-
tion for the proposed advanced planning program.
The meeting adjourned at 11:10 p.m.
J es F. Thorpe, Mayor Ot the
ity of San Juan Capistrano
ATTEST:
UAN8 1K3
City Clerk