71-0712_CC_Minutes_Regular Meeting51
July 12, 1971
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council of San Juan Capistrano
was called to order at 7:15 PM by Mayor Thomas A. Forster.
The pledge of allegiance was recited. Invocation was given by
Mr. T. J. Meadows.
The Deputy City Clerk called the roll. Councilmen present:
William A. Bathgate, Edward S. Chermak, Josh Gammell, James F. Thorpe
and Thomas A. Forster,
MINUTES
The minutes of the regular meeting of June 28, 1971 were approved
with correction requested, that being a motion seconded by Councilman
Bathgate under Item 2, City Engineer's report. The minutes of the
adjourned regular meeting of July 2, 1971 were approved as presented.
Councilman Bathgate moved that all ordinances and resolutions
for this meeting be read by title only. Seconded by Councilman Thorpe
and carried unanimously.
PUBLIC HEARING
Mayor Forster opened public hearing on proposed Rosenbaum Annex-
ation No. 2 and asked if anyone wished to appear in favor of this
annexation. Mr. Ed Akins, President of the South Coast Development
Corporation, took the floor stating he had written authorization to
represent property owners and they wished to have favorable action
taken at this meeting.
Mayor Forster then asked if anyone wished to speak in opposition
to proposed annexation. Mr. Gordon Rinehart stepped forward stating
that he owns property in a portion of this proposed annexation and
asked if there was any way his parcel could be excluded without start-
ing proceedings again. City Attorney remarked that if boundaries are
changed, the entire annexation must again be processed through the
Local Agency Formation Commission. Mr. Rinehart stated for the record
that he still disagrees with the steps taken and urged that more logi-
cal boundary lines be taken into consideration in future annexations.
He presented map of boundary lines in question.
Mr. Mike Allison and Mr. Doug Hill, both residents of Mission
Viejo, appeared before Council expressing concern regarding possible
re-routing of trucks presently using Trabuco Road to Avery as ingress -
egress from the rock plant. Council informed them that both are
arterial highways and the City of San Juan Capistrano should not be
required to have the entire burden of heavy truck traffic.
Mayor Forster closed public hearing at this time, reserving the
right to reopen at any time.
Councilman Chermak moved that Resolution No. 71-7-12-1, determin-
ing there had not been a majority protest to the proposed Rosenbaum
Annexation No. 2, be adopted. Motion seconded by Councilman Thorpe.
Roll call vote: Ayes: Councilmen Bathgate, Chermak, Gammell, Thorpe
and Forster. Noes: None Absent: None
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Councilman Thorpe moved to introduce Ordinance No. 181 approving
subject annexation. City Attorney rendered Ordinance No. 181, an
ordinance approving the annexation to the City of San Juan Capistrano
of the territory known as "Rosenbaum Annexation No. 2 to the City of
San Juan Capistrano, by title only. This constituted first reading.
Mayor Forster stated for the record that due to Mr. Rinehart's
being annexed against his will, all due consideration should be given
him, his successors and heirs concerning future development of his
property.
BIDS, CONTRACTS, AGREEMENTS
1. Council discussed in length the feasibility of municipal
acquisition of the San Juan Hills Country Club, and concurred that
the matter be held over to the next regular meeting for further study.
2. Proposed purchase of surplus Flood Control District property
(Parcel LO -2-103.6). Preliminary title report has not been received
as anticipated in time for this regular meeting, the item was tabled
for the next regular meeting of the City Council.
3. Considerable discussion took place regarding the merits of
gasoline vs propane fuel for use in city vehicles. Councilman Chermak
moved for the expenditure of necessary funds to install pumps and
plumbing for purchase and storage of gasoline, predicated on the
$1,630.00 bid from Donald F. Ortmann, Inc., and to authorize signing
of the agreement for accepting the bid. Motion seconded by Council-
man Gammell and'carried by unanimous vote. So ordered.
4. Memorandum received from City Administrator recommending
that Council enter into agreement with County of Orange for specified
services from the Department of Building and Safety. Councilman
Chermak, seconded by Councilman Bathgate, moved that the Mayor and
City Clerk be authorized to sign said agreement. Roll Call vote:
Ayes: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster.
Noes: None Absent: None
ORDINANCES, RESOLUTIONS, PROCLAMATIONS
1. Councilman Thorpe moved that introduction of Ordinance No.
182 be read by title only. Motion seconded by Councilman Bathgate
and carried unanimously. Councilman Thorpe then rendered first read-
ing of Ordinance No. 182, an ordinance providing for the abatement and
removal as public nuisances of abandoned, wrecked, dismantled or in-
operative vehicles or parts thereof from private property or public
property not including highways, and recovery of costs of adminis-
tration thereof as authorized by Section 22660, Vehicle Code.
2. Proposed Employer -Employee Relations Resolution was tabled
for the next Council meeting.
3. City Attorney read by title only Resolution No. 71-7-12-2
entitled "Resolution Commending C. Russell Cook for his services on
the Planning Commission". Councilman Bathgate, seconded by Council-
man Chermak, moved for adoption of resolution. Passed, approved and
adopted by the following vote, to wit: Ayes: Councilmen: Bathgate,
Chermak, Gammell, Thorpe and Forster. Noes: None Absent; None
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SUBDIVISIONS. ANNEXATIONS
1. Approval of Final Tract Map 7192 (Westport) - This map is a
portion of Tentative Tract Map 7160. Director of Public Works stated
Board of Directors of the Water District had approved subdivision at
prior meeting.
City Engineer in receipt of: (1) Easement Deed for sanitary
sewer purposes; (2) Grant Deed for park purposes; (3) Agreement ready
for execution and recordation for tract map and three -party agreement
for trust account (which has been reviewed by City Attorney); (4)
Drainage Agreement; and (5) a check for $24,933.50 to cover sewer
connection fee, street light energy charge, inspection fee and sewer
line extension charge. Mr. Kubota recommended approval of Tract 7192
for recordation and authorization by City Clerk to execute said Tract
Map.
At this time Councilman Bathgate recommended that a well site
in the tract area be preserved as an emergency measure. Mr. Richardson,
engineer for Westport, stated well will be concealed but can be capped.
Councilman Thorpe moved to request Westport to preserve well if at all
possible in a usable form, this to be at the discretion of the developer.
Motion seconded by Councilman Bathgate and carried unanimously.
Councilman Bathgate then moved that the City Clerk be author-
ized to execute Tract Map for recordation. Motion seconded by Council-
man Thorpe and carried by unanimous vote. So ordered.
2. City Engineer reported on Final Tract Map 7221. No action
taken on this item due to Water District not having acted on subject.
3. Approval of Final Tract Map 7251 (McKeon) - City Engineer
reported the following documents received: (1) Easement Deed for storm
drain, 10 foot easement; (2) Easement Deed, 20 foot working easement.
Developer has posted all required fees as follows:
Sewer connection fee $54,900.00
Inspection fee 2,932.00
Drainage fee 10,186.00
Street light energy charge 214.20
Total 68,232.20
Mr. Kubota stated that bonds for gublic improvements are being
delivered from Sacramento July 13th. He therefore recommended acceptance
of Grant Deeds and Easement Deeds.
The Director of Planning stated that a precedent condition to
this final map was Council's formal acceptance of private recreational
facilities proposed and in lieu of fees, per Parks and Recreational
element.
Councilman Thorpe moved to approve the private recreational
facilities and the additional in lieu of fees of $3,800.00, as recommended
by the Director of Planning. Motion seconded by Councilman Bathgate and
carried by unanimous vote.
Councilman Thorpe then moved to approve conditionally Final
Tract Map 7251for recordation and to authorize the City Clerk to execute
said map upon completion of conditions. Motion seconded by Councilman
Gammell and carried by unanimous vote. So ordered.
4. City Engineer recommended acceptance of Orange County Flood
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Control District Construction Permit No. 1077, providing for construction
of a storm drain outlet into Trabuco Channel from existing 48 inch
storm drain. Councilman Bathgate so moved. Motion seconded by Council-
man Chermak and carried unanimously. So ordered.
5. City Engineer, stating the necessity of removal of trees along
drainage channel for the widening of Camino Capistrano in Westport
Tract 7274, authorized staff to so remove.
COMMUNICATIONS (WRITTEN)
1. Mr. Bill Burke appeared before Council presenting his plea for
relief from requirements of the Planning Commission's Conditional Use
Permit for operation of an on -sale general liquor license establishment.
Mr. Bernard Syfan, new property owner, took the floor stating that he
believed conditions were on the land and not the owner. After lengthy
discussion, Mr. Burke withdrew his request. Councilman Thorpe requested
the matter be referred back to staff for recommendation at the next
meeting.
2. Letter received from Mr. Jean Lacouague requesting City con-
trol of commercial stable horse riders. Correspondence between Orange
County Farm Bureau, who are porposing an educational program for stable
owners, and the City Administrator were also made a part of this item.
Mr. Lacouague spoke before Council requesting that someone in authority
spell out rules regarding trespassing on private property and offering
his help in such a program. Mr. John Constant, local stable manager,
also spoke, reiterating his desire to help educate horsemen in the area.
Council discussed the matter, and Councilman Bathgate suggested City
Administrator contact Mr. Osborne of the Orange County Flood Control
District regarding possible permits for riding in the flood control
channel.
3. Request from Bruce Swartout for inclusion of parcels 1, 2 and
4 of Parcel Map 35-3 in proposed 1911 Act Assessment District. Council-
man Bathgate, seconded by Councilman Gammell, moved that request be
granted. Motion carried unanimously and was so ordered.
City Engineer recommended City proceed with 1911 Act.
4. Copy of letter received from Mayor Coco of Tustin directed
to Orange County Board of Supervisors regarding consolidation of rates
on County tax bills. Councilman Chermak, seconded by Councilman Bath-
gate, moved that a resolution be offered requesting the Board of Super-
visors to rescind their motion in regard to lumping the tax bill, and
go back to itemized listing. Resolution No. 71-7-12-3 passed, approved
and adopted by the following vote: Ayes: Councilmen: Bathgate,
Chermak, Gammell, Thorpe and Forster. Noes: None Absent: None
5. Request from National Cystic Fibrosis Research Foundation
for permission to solicit for funds within the City during the month
of September, 1971. City Administrator recommended approval. Council-
man Thorpe so moved. Motion seconded by Councilman Chermak and carried
unanimously.
6. Requests received from Capistrano Beach and Dana Point Chambers
of Commerce and the Joint Chambers Annexation Study Committee for formal
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feasibility study on annexation of Capistrano Beach and Dana Point to
the City of San Juan Capistrano. The following are comments made in
part:
Councilman Chermak - in favor of continuing study but the
City should not be required to pay full amount for such a
study.
Mayor Forster - recommended City Administrator meet with
various Presidents to make a proposal for the study.
Councilman Thorpe - suggested formation of a committee to
plan a framework for the study.
Mrs. Leona Fitzpatrick, a member of Joint Chambers Committee,
stood before Council stating Dana Point was desperate to
start annexation proceedings and would be willing to pass
petitions to residents.
Mike Darnold, President of the San Juan Capistrano Chamber
of Commerce, spoke, qualifying certain statements by Mrs.
Fitzpatrick, and stated the City should take the initiative.
Mayor Forster - suggested sending notice to LAFCO for their
reaction.
City Attorney - inhabited area should take initiative. He
also stated he would be willing to meet with any interested
parties.
City Administrator - suggested this item could be a topic
for an adjourned meeting.
Mayor Forster - directed the matter be adjourned to a later
date.
7. Request from San Clemente City Council for August 5th joint
meeting on topic of LAFCO criteria for spheres of influence. Mayor
Forster and majority of Council members to attend. City Administrator
to contact City Manager, Ken Carr. Press is to be notified time and
date of meeting.
ADMINISTRATIVE
Memorandum presented from City Administrator regarding cost
of living increase for classified City employees recommending an across
the board increase of 6%, amounting to approximately $10,399 in the
1971-72 budget. After lengthy discussion, Councilman Chermak moved
that a cost of living increase -in excess of 4% not be considered.
Seconded by Councilman Bathgate and carried by 3 to 2 vote, Councilmen
Thorpe and Gammell voting "No". Mayor Forster qualified his "Aye" vote
by stating that it does not mean he will go for 4% raise, but understands
effect of action is to lower maximum possible from 6% to 4%. This item
will be taken up at the adjourned regular meeting during budget study.
PLANNING COMMISSION MATTERS
1. City Engineer made presentation of Tentative Tract Map 7159
(Rio Vista). Mr. Mike Koll, developer, requested Council for relief
for the full public improvements of Alipaz Street fronting the property.
Following a detailed explanation by the City Engineer, Councilman Bathgate,
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seconded by Mayor Forster, moved to offer resolution granting request.
Carried unanimously. Resolution No. 71-7-12-4, giving relief from
obligation to pave all of Alipaz and only being required to pave area
as outlined on map prepared by the developer was passed, approved and
adopted by the following vote: Ayes: Councilmen: Bathgate, Chermak,
Gammell, Thorpe and Forster. Noes: None Absent: None
2. Filling of vacancy of Planning Commission. This item held
over for a future Executive Session.
PARKS AND RECREATION COMMISSION MATTERS
The requests for final Council determination on park names and
review of Four Oaks Park acquisition and development costs were tabled
for the next Council meeting.
W ARP ANTR
The City Administrator, at the request of Mrs. Ross, City
Treasurer, brought up a question with regard to the $51,238.70 payment
to Engineering -Science. This amount was approved and included in the
May 10, 1971 approval of Warrants. The City Treasurer has stated that
she would like to have a correction made in regard to this matter. The
Director of Finance responded that this matter would be clarified and
brought before Council at the next meeting.
Councilman Chermak then moved that Warrant Nos. 6184 through
6225, inclusive, for a total amount of $69,695.05 be authorized for
payment. Motion seconded by Councilman Bathgate and carried unanimously.
So ordered.
COUNCIL REMARKS
Councilman Chermak asked that City Attorney review trash fran-
chise to see if containers have weight restrictions. This came about
because of a complaint from a homeowner who reported contractor refused
to empty a trash can because of its size and weight. City Administrator
and City Attorney to review said franchise.
Mayor Forster reported that a vote of 13 - 12 in favor of
Briggs Bill was taken on the Harbor District at the last League of Cities
Meeting.
Councilman Bathgate suggested agendas contain a listing of
informational items giving brief title to each article listed.
ADJOURNMENT
Mayor Forster adjourned the meeting at 11:00 PM to an
adjourned regular meeting at 7:00 PM Monday, July 19, 1971.
Donald G. Weidner
City Clerk
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