71-0510_CC_Minutes_Regular MeetingMay 10th, 1971
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The City Council of the City of San Juan Capistrano, California,
met for a regular meeting on Monday, May 10th, 1971, at 7:09 P.M. in
the Council Chambers of the City Hall, with Mayor Forster presiding.
COUNCILMEN PRESENT: Bathgate, Chermak, Gammell, Thorpe
and Forster
COUNCILMEN ABSENT: None
The meeting opened with the pledge of allegiance. Invocation
was given by Mr. T. J. Meadows.
Minutes of April 26th, 1971 - Mayor gave direction to the City
Administrator to review the tape procedings for verification of
request for two items to be brought back on the May 10th agenda.
Minutes of April 26th and May 3, 1971 were approved as presented.
There was a motion by Councilman Chermak to have all ordinances
and resolutions for this meeting read by title only, seconded by
Councilman Gammell, carried and so ordered.
ORDINANCES, RESOLUTIONS, PROCLAMATIONS
1. Legal counsel read title of proposed Ordinance No. 174 re:
adopting sectional district map defining the boundaries of the
P -D, Planned Development District outside the incorporated area
of the City of San Juan Capistrano in accordance with the pro-
visions of Ordinance No. 115 of the City. This was in reference
to the proposed development of Village San Juan (South Coast
Development Company). This constituted the 1st reading of the
ordinance.
2. Councilman Thorpe offered Resolution No. 71-5-10-1 - commending
Marco Forster Junior High School for its participation in and
contributions to civic activities. Roll call was taken - AYES:
Councilmen: Thorpe, Bathgate, Chermak, Gammell and Forster.
NOES: None. ABSENT: None.
3. At this point in the meeting, members of the Council gave their
authorization for the Mayor to use his prerogative in the
signing of various proclamations. It was noted,however, that
a list of the signed proclamations be included in the Council
packet as informational to the Council.
a. Proclamation of "Multiple Sclerosis Awareness Month"
May 9th through June 20th, 1971.
b. Proclamation of "National Small Business Week" May 16th
through May 22, 1971.
COMMUNICATIONS
1. Request of Truman Smith Disposal Company for Council approval
of partnership with Solag Disposal Company. Mayor Forster
declared that he wished to abstain from any conversation or
decision regarding this matter and passed the gavel to the
Mayor Pro -Tem, William A. Bathgate. The Mayor then left the
Councilmen's platform. The Mayor Pro -Tem took over the meeting.
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Councilman Chermak offered Resolution No. 71-5-10-2 approving the
request of Truman Smith Disposal to associate Solag Disposal Company
as a partner. Roll call was taken - AYES: Councilmen: Chermak,
Bathgate, Gammell and Thorpe. NOES: None. ABSTAIN: Mayor Forster.
ABSENT: None. The Mayor Pro -Tem then returned the gavel to the
Mayor and Mayor Forster presided over the meeting.
2. Appeal by Capistrano Airport and Industrial Park from drainage
fees for new structures in Tract 6365 as imposed by Ordinance
No. 162. City Administrator stated he had had conversation
with Mr. Winton, Mr. Wilcox and Mr. Birtcher and stated they
were quite adamant in their position in that they felt it was not
correct to superimpose drainage fees on already established
building permits. Mr. Jay Wilcox addressed the Council and
made formal request for waiver of the drainage fees. He also
pointed out that lease agreements had been drawn and rent agreed
upon before they had any knowledge of a drainage fee. Mr.
Wilcox also clarified Mr. Estep's letter of November 24th re:
notation of drainage fee. City Administrator stated it is the
County's responsibility of informing the potential builder when
issuing a building permit to file for drainage fees. City
Engineer pointed out that approval of a tentative tract map
constitutes payment of drainage fees. It was noted for the
record that the applicant paid the drainage fees under protest.
This matter was referred to committee for report and recommenda-
tion for the May 24th agenda. Committee members to consist of
City Administrator, City Engineer, City Attorney and Councilman
Chermak.
COMMUNICATIONS (Oral)
Mr. Robert McCollum addressed the Council to request traffic
control signs for the Mission Hills area. City Engineer
made suggestion of getting together with the homeowners
association re: amount of signs needed. City Administrator
will contact the Sheriff's office re: sign legalities. Council-
man Thorpe moved to grant the request of the Mission Hills
Ranch Homeowners' Association for speed limit and warning signs
to alert drivers of children at play, seconded by Councilman
Gammell, carried and so ordered.
ADMINISTRATOR
1. Employment of Neighborhood Youth Corps enrollees for part
time summer help. Director of Public Works withdrew his
request for two personnel in that department. Councilman
Thorpe moved to uphold the recommnedation of the City
Administrator for the hiring of three youths, seconded by
Councilman Chermak, carried unanimously and so ordered.
2. Installation of walkway on Mini -Park (University of Redlands
property). City Administrator related legal counsel had
submitted a written report recommending the walkway to be a
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COUNCIL MINUTES - May 10th, 1971
City expenditure and that we obtain a hold harmless agreement
from the University of Redlands. Council concensus referred
this to the City Administrator and City Attorney to contact
the University to secure a hold harmless agreement.
3. No action was taken by Council for changing the Council
meeting date. However, the Mayor did state a desire to receive
the Council packets by Thursday.
4. Councilman Gammell moved to approve permanent appointment of
the Assistant Planner, Mr. Phil Schwartze, and merit increase
to second salary step of Range 24, seconded by Councilman
Thorpe, carried unanimously and so ordered.
5. Disposition of trees on Westport Park No. 1 - discussion by
Council to remove the orange trees or irrigate them. Council-
man Thorpe stated it is the concern of homeowners to preserve
trees and requested contact be made to the Casas homeowners as
to their desire of having the trees stay or be removed.
Councilman Thorpe moved that no action be taken, seconded by
Councilman Gammell, carried 4 to 1 with Councilman Bathgate
voting Noe. Councilman Bathgate clarified his Noe vote by
saying the trees are in a state of dying at this time and there
is no facility to irrigate them now so felt they should be re-
moved.
6. Prima Deshecha Canada disposal site - City Administrator gave
brief presentation re: concern of the proposed disposal site.
It was also brought out that the cost factor would be increased
four times to haul trash to Coyote Canyon or somewhere else.
The Board of Supervisors meeting scheduled for May 18Th will
be discussing master planning for park uses; ingress and
egress; right of way width; and the county's ability and plans
to provide a regional park site in stages as the disposal site
is filled. Councilman Thorpe questioned the water shed and
what effect land fills have on drinking water. Also, circula-
tion element was discussed. No formal action was taken by the
Council at this time.
7. Proposed Public Safety Department Study - Council discussion
concluded with Councilman Chermak making the motion to uphold
the recommendation of the City Administrator in authorizing
trim to recruit a Director of Public Safety and apply for the
$25,000 CCCJ grant to fund a community study on public safety
needs. It was also directed to budget a like amount in the
1971-72 budget in case of failure to obtain the grant.
Councilman Thorpe seconded the motion, carried 4 to 1 with
Councilman Gammell voting Noe.
PLANNING COMMISSION
1. Letter from Chairman Gaffney to San Juan Capistrano Beautifica-
tion Committee and Historical Society re: sign controls re-
ceived and filed by the Council. (Informational).
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6 COUNCIL MINUTES - May 10th, 1971
2. Council review of Planning Commission action re: Westport
flags. Director of Planning clarified and substantiated
action of the Planning Commission with respect to flags
being approved for model home area. Council discussion
centered around whether prerogative of Council had been
usurped by granting Westport flags.
General flag policy per Ordinance No. 115 was discussed by
the Council. It was felt that a one year time limit be im-
posed for display of flags and deteriorating flags be re-
placed. The Mayor pointed out that he viewed the flags as
a valid marketing aid for the developer. It was stated,
however, that any developer who violated the ordinance should
be denied any further request for flag display.
The meeting adjourned at 10:14 P.M. and reconvened at 10:23 P.M.
COUNCIL REMARKS
Discussion on consolidation of governmental services for the
South Bay area concluded with direction to the City Attorney
to meet with the City Attorney for San Clemente, Mr. Brown
and report back in brief form at the June 28th Council meeting.
Councilman Chermak
Requested the Director of Public Works contact the Post Office
re: one of their trucks driving over the curb facing the
frontage road.
Councilman Gammell
Comment on painting of addresses on curbs in San Juan Terrace
brought negative response as to their having applied for a
business license.
Councilman Thorpe
1. Requested the topic matter of U.C.I. Project 21 funding be
brought up on the May 24th agenda.
2. Requested staff review letter from Attorney General and give
reaction or recommendation on the May 24th agenda.
3. Ortega Highway Scenic Route - Director of Public Works will
give a copy of the four point criteria to Councilman Thorpe for
his review.
Mayor Forster
1. Reported if any of the Council members cannot attend the
conference on tourism hosted by the Lt. Governor June 15th -16th,
the Planning Commissioners or Director of Planning should be
asked.
2. Requested staff get report from San Clemente regarding animal
control and have recommendations brought back on the May 24th
agenda.
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COUNCIL MINUTES - May 10th, 1971
3. Question of purchase of calculator in the Finance Department
brought response from the City Administrator that he is now
in the process of establishing a purchasing policy report.
ADJOURNMENT
The meeting adjourned at 10:50 P.M. to an Executive Session
to discuss proposed new ordinance for the position of City
Administrator. The Mayor invited the press to sit in on
this segment of the meeting. The Executive Session
adjourned at 11:27 P.M.
Respectfu ly submitted,
i�
Robert Johns
Acting City Clerk
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