71-0524_CC_Minutes_Regular MeetingnJ
May 24, 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 24, 1971, at 7:14 p.m. in the Council
Chambers of 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.
The Minutes of May 10, 1971, were corrected as follows: Under
Administrator - Item 6, at the end of the paragraph add "City Council
directed Mayor Forster to appear before the County Board of Supervisors
to convey consensus of San Juan Capistrano regarding their position on
Prima Deshecha Canada proposed disposal site." The minutes of May 10
were then approved as corrected.
PUBLIC HEARING
There was a motion by Councilman Thorpe to have all ordinances and
resolutions for this meeting read by title only, seconded by Councilman
Bathgate, carried and so ordered.
1. Rosenbaum Annexation No. 2 (Village San Juan) - Legal counsel
clarified proceedings regarding publication of notice prior to Public
Hearing. Stated Public Hearing could not be held sooner than 40 days
nor more than 60 days after publication of notice. Councilman Thorpe
offered Resolution No. 71-5-24-1 setting Public Hearing date for July
12, 1971. Roll call was taken. AYES: Councilmen Thorpe, Bathgate,
Chermak, Gammell and Forster. NOES: None. ABSENT: None.
ORDINANCES, RESOLUTIONS, PROCLAMATIONS
1. City Attorney read by title only proposed Ordinance No. 175 re:
Council -Manager form of government for the City of San Juan Capistrano.
Councilman Thorpe introduced Ordinance No. 175. This constituted the
1st reading of the ordinance.
2. Village San Juan Rezone 101 - City Attorney 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
provisions of Ordinauce No. 115. Councilman Bathgate offered Ordinance
No. 174 for adoption. Roll call was taken: AYES: Councilmen Bathgate
Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None.
3. Mayor Forster read title of proclamation for Boy Scouts of
America proclaiming June 5, 1971, as "SOAR DAY." The proclamation was
presented to Steve Keith, Troop 12, and Mr. Dudley Brand of the Boy
Scouts of America. Photographs of the presentation by Mayor Forster
were taken by the press.
4. Resolution No. 71-5-10-1 commending Marco Forster Junior High
School for its participation in and contribution to civic activities was
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read and presented by Mayor Forster to Mr. Walt Spencer, principal of
Marco Forster Junior High School, who accepted on behalf of the school.
5. Letter of request from San Clemente - Capistrano Valley Board
of Realtors re: Proclaiming "Realtor Week." There was a motion by
Councilman Gammell to proclaim May 23rd through the 29th as "Realtor
Week." Motion was seconded by Councilman Bathgate, carried and so
ordered.
COMMUNICATIONS (Written)
1. Complaint on Conrock plant operations on Paseo Adelanto: Mr.
Glen Nichols addressed the Council. He felt 6:00 a.m. was too early to
start plant operations and asked to have Conrock operate at normal hours.
Council consensus was that starting later would create a hardship on
Conrock. City Administrator stated there was another year left under
the present use permit authorizing Conrock operations. Noise from trains
and Spaulding Equipment on Paseo Adelanto was also discussed. City
Attorney pointed out that we should consider prior invested rights and
that there has been no abuse of conditions as now set forth. Director
of Planning clarified use permit on Conrock and also commented on other
noise factors in the area. Mayor Forster said he felt we should not
prejudice Conrock's rights at this time. It was recommended that staff
ask Conrock not to start operations prior to 6:00 a.m. and to check with
them regarding future operations. No further action taken.
2. Request from "Project 21" - UCI for $100 contribution to help
fund continued operations. Councilman Chermak moved to allocate $100
in the budget for consideration at that time, seconded by Councilman
Thorpe, carried and so ordered.
3. Attorney General's request for City Council support of legisla-
tive recommendations. City Administrator clarified request and stated
it is not clear whether any or all of these measures would come before
legislature. Staff to watch for these as they do come up and if there
are any of interest to the City they are to be brought to Council's
attention. Each Councilman to review Mr. Younger's requests and matters
of interest are to be brought up at a future meeting.
ADMINISTRATOR
1. Animal Control methods in neighboring cities. Councilman
Chermak said he would like to know more about services of S.P.C.A.
He is unhappy with present system. Question of how service is now paid
for was brought up. City Administrator stated this is operated under
County's general fund. City Administrator to pursue matter of animal
facility with local vets and also to check further on S.P.C.A. services
and bring back to Council at another meeting.
2. Preliminary staff report on feasibility of municipal ownership
and operation of San Juan Hills Country Club Golf Course. Councilman
Bathgate stated he felt City has enough to handle and he thought private
operation of golf course would be better. Councilman Chermak clarified
that his intent was for City to purchase golf course for a green area
and not to purchase for recreational purposes. Mayor Forster felt any
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project involving this amount of money should go to vote of people.
After a lengthy discussion Councilman Thorpe moved to have staff
contact financial consultants fop obtaining professional appraisal and
financial consulting services and report back to Council at June 14
meeting, seconded by Councilman Gammell, carried 4 to 1 with Councilman
Bathgate voting noe.
PLANNING COMMISSION:
1. Planning Commission Annual Report from Chairman Gaffney with
proposals for ensuing fiscal year was presented to Council. The report
was clarified by Director of Planning. Since the Planning Commission
is already burdened with a heavy agenda, Council questioned the need
for programs of the Parks & Recreation Commission having to go to
Planning Commission first. Director of Planning explained the request
for this procedure was to permit the Parks & Recreation Commission and
the Planning Commission to study all programs before they are presented
to Council. Another topic of discussion was the overtime hours of
Phillip Schwartze, Assistant Planner. The report of the Planning Com-
mission was referred to the City Administrator to be reviewed for his
recommendations to Council.
PARKS AND RECREATION COMMISSION:
1. Chairman Dennis Paquin addressed the City Council regarding
total dollar cost for proposed park development. He described various
proposed park site developments and the stages in which they would be
developed with Council and answered their questions. Councilman Thorpe
moved to authorize preparation of final plans for first phase of Westport
Park by landscape architects of Westport Homes, seconded by Councilman
Chermak, carried and so ordered.
COMMITTEE REPORTS
1. Capistrano Airport and Industrial Park Drainage Fees. Councilman
Chermak reported that their committee had met and that they feel they
cannot honor request for waiver of drainage fees. States new drainage
culvert constructed offsite by industrial park might qualify as part
of overall drainage requirement. Alternatives were to assign as burden
to individual lots and put charge on the tax bills for five years or to
change the ordinance as adopted in collecting fees. City Administrator
felt that City Engineer should state qualifications on the amount the
box culvert might be worth. City Engineer stated reimbursement would
have dollar credit and that they are still working on the amount.
2. Capistrano Airport & Industrial Park re: reimbursement policy:
Councilman Chermak reported background of agreement. Proponents felt
the agreement covered all phases of improvements. Agreement covers only
Aeropuerto phase of off site improvements. Sewers not a portion of this
agreement. Councilman Chermak felt that the map presentation showing
area of benefit regarding Aeropuerto and oversizing of the sewer lines
cleared up area of disagreement. Airport group to study City presenta-
tion and come back with any arguments on items of disagreement. There
was some concern regarding reimbursement to Straub property. It was
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pointed out that the Planning Commission required them to construct
improvements on Aeropuerto and they are not subject to reimbursement.
STAFF REPORTS:
City Treasurer
Alice Ross
1. Submitted Treasurer's report on bank and fund balances.
Director of Finance
Paul P. Lew
1. Director of Finance notified Council that he will deliver
the budget estimates this week for 1971-71. City Administrator suggested
June 8, 9 and 10 as meeting dates for discussion of budget. An adjourned
City Council Meeting was set for Monday, June 7 at 7:00 p.m, to discuss
the Budget.
Director of Public Works
T. J. Meadows
1. Director of Public Works had the design engineer of Lallovia
Bridge give a progress report on the Bridge. Reported work is pro-
gressing generally well and estimates they are temporarily about two
days behind schedule.
2. Mr. Meadows also reported the State Division of Highways will
have a bid opening date of June 3 for construction of a center divider
at Serra off ramp to Route 405. Also reported that funds for land-
scaping of Serra on ramp is scheduled in the Division of Highway's
budget and should go to bid in October of 1971.
COMMUNICATIONS (Oral)
1. Mr. Meadows had a request for permission to install directional
signs from Mr. Graham who was in the audience. Mr. Graham then requested
Council's permission to install directional signs to San Juan Mobilehome
Park. Councilman Bathgate felt the signs should be allowed, but that
developers should use discretion in the placement of signs. Spacing of
signs, encroachment permits and time limit were discussed by Council.
Councilman Thorpe made a motion to include mobilehome parks in the City's
present policy on signs, seconded by Councilman Bathgate, carried 4 to 1,
with Councilman Gammell voting noe. The City Administrator's office was
directed to review letter of former City Administrator regarding signs
and to bring the matter back at the June 14 meeting.
City Engineer -'
Jack Y. Kubota
1. Reported Westport is starting construction on Tract 7230
2. Tract 6788 - Del Obispo Investment Company, will be starting
off site sewer construction.
3. Del Obispo porject is moving along very well. Checking on
sidewalks and bicycle path requests. Negotiating for right-of-way.
4. Informed Council there will be a loss of four or five eucalyptus
trees at Del Obispo project. San Juan Historical Society is interested
in City's plans for these trees and City Engineer stated he will contact
the Society regarding them.
5. Reported Boise -Cascade energy fee of $2,100 has been paid.
6. State Division of Highways very interested in three acres of
Capron property along Camino Capistrano. They are making an earnest
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bid for the land. Mayor Forster thought this land could be put to
much better use than a storage place for the State Division of Highways.
Council also questioned traffic control.
7. Reported Camino Los Ramblas interchange is due for advertising
June 21 with a bid opening date of August 12.
DIRECTOR OF PLANNING
Robert K. Johns
1. Director of Planning reported on the following:
Glendale Federal is planning to build out Lot 8 of San Juan Hills.
Mr. Brown has put his proposed commercial building adjacent to the
Post Office out to bid.
Cal Penn - 10 acre building site in C -1H, preliminary site plans
were.reviewed by Planning Department and package is being put together.
Land use compliance for service stations is being checked by Orange
County Land Use Division.
Theo Interiors - Drainage fees are being checked as to requirements
of Ordinance.
Progress report on removal of flags was given. Flags for Darmi,
Inc. were referred to Planning Commission.
2. Mr. Johns advised Council he will be representing City at
Governor's Conference on Tourism since Planning Commission members are
not available to attend.
3. Acting City C1erk,Robert K. Johns, submitted his resignation
effective May 24, 1971. Councilman Thorpe offered Resolution No. 71-5-24-2
accepting the resignation of Robert K. Johns as Acting City Clerk, and
appointing Donald G. Weidner City Clerk. Roll call was taken: Ayes:
Councilmen Thorpe, Bathgate, Chermak, Gammell and Forster. NOES: None.
ABSENT: None.
Councilman Bathgate then offered Resolution No. 71-5-24-3 commending
Robert K. Johns for his exemplary performance of the duties of Acting
Administrator -City Clerk of the City of San Juan Capistrano. Roll call
was taken: AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and
Forster. NOES: None. ABSENT: None.
City Attorney
James Okazaki
1. Reported on Vermeulen condemnation proceedings explaining crop
damages. Stated meeting with developers was unsuccessful. A discussion
was had with Mr. Madigan, representative for Birtcher Company,regarding
extra expense of improvements and crop damage. City Engineer informed
Council the developer intends to proceed with sewer construction. Mayor
Forster wants to be sure City is protected with all the documentation
and won't be sued for crop or water damage.
There was a short recess at this time from 10:15 p.m. to 10:23 p.m.
WARRANTS:
1. Physical examinations for employees and key department heads on
a bi-annual basis was discussed.
2. Councilman Thorpe moved to approve warrant numbers 6007 through
6065 totaling $82,592.77 for payment, seconded by Councilman Chermak,
carried and so ordered.
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COUNCIL REMARKS:
1. Memorandum. from Mayor Forster to Council Members re: Appointment
of a City representative to Orange County Health Planning Council. Mayor
Forster moved to nominate John Regan, seconded by Councilman Chermak,
carried and so ordered.
Councilman Bathe
1. Reported City limit sign on northern city limits is missing.
2. Attended League of Cities, Orange County Chapter, meeting. There
was a speech on the use of a universal emergency number. There had been
a check made by the telephone company as to how many emergency calls are
made a week. Method of setting up such a number was discussed. Mayor
Coco of Tustin reported on Task Force Study.
3. Informed Council there has been another meeting set for June 12
for Mayor and the Board of Supervisors at Juvenille Hall.
Councilman Gammell
1. Questioned T.V. antenna in San Juan Mobile Estates Mobilehome
Park. Director of Planning advised this was a master antenna and had
been authorized.
Councilman Thorpe
1. Asked about road construction on Camino Capistrano. Was advised
this was not completed and that patch work done was temporary. Mr.
Meadows reported contact will be made with Peter Kiewit for price on
railing at bridge. Question was raised by Council regarding widening
of bridge. City Engineer pointed out that traffic counts are the
same for Del Obispo bridge and that he would like to see this funded
for possible budget for next few years. Mr. Kubota also explained
funding procedure for projects.
Mayor Forster
1. Reported he had attended meeting of Board of Supervisors re:
Prima Deshecha Canada proposed disposal site. Board to make necessary
application to all public agencies and felt this will probably be in
their budget this year. City Administrator related he had met with
City Manager of San Clemente and the Acting Road Commissioner and his
assistant regarding a balanced circulation pattern of traffic. Road
Department will be contacting City again regarding this.
ADJOURNMENT
The meeting adjourned at 10:47 p.m. to an Executive Session and
reconvened at 11:27 p.m. The regular City Council meeting adjourned
at 11:28 p.m. to an Adjourned Regular City Council Meeting scheduled
for Monday, June 7, 1971, at 7:00 p.m.
Respectfully submitted,
Donald G. Weidner
City Clerk