71-0726_CC_Minutes_Regular Meeting61
July 26, 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 7:02 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 July 12, 1971 were approved
with alteration as noted. Minutes of the adjourned regular meeting of
July 19, 1971 were approved as presented.
Motion was made by Councilman Chermak to have all ordinances and
resolutions for this meeting read by title only. Seconded by Councilman
Bathgate and carried unanimously.
PUBLIC HEARING
Mayor Forster opened public hearing on request for rezoning (RZ
71-102, Fischer) from PD to U-1, and asked if anyone wished to speak in
favor of the request. Mr. Charles Fischer took the floor stating he owns
10.85 acres and would like to rezone to utilize this property for a show
pony stable and to also rent a portion for a wholesale nursery. Agricul-
tural rezoning would bring in enough income to pay taxes on said property.
The Mayor then asked if anyone wished to speak in opposition to
the rezone request. No one appeared. Chair closed the public hearing
with the option to reopen at any time.
Councilman Bathgate moved to introduce Ordinance No. 183 for first
reading of rezone. Seconded by Councilman Thorpe and carried by unanimous
vote. City Attorney rendered first reading by title only, designating
said title as an amendment to Ordinance No. 115.
BIDS, CONTRACTS, AGREEMENTS
1. City Administrator made presentation of San Juan Hills Country
Club property, pointing out club house site and driving range, and desig-
nating a portion of approximately 5 acres which could be utilized as a
potential civic center. Director of Planning remarked he would anticipate
a change in land use for property adjacent to golf course in the near
future if a civic center or hospital site were established. Mayor Forster
stated that if the City is to acquire a portion of the golf course for a
civic center site, more information on subject property must be made
available to the public.
Councilman Chermak, seconded by Mayor Forster, moved that contract
for a feasibility study on acquisition and operation of Country Club in
the amount of $7,700 be given to William Sherman Company, as recommended
by City Administrator. Roll call vote: Ayes: Councilman Chermak, Mayor
Forster. Noes: Councilmen Bathgate and Gammell. Abstain: Councilman
Thorpe. Motion failed for lack of majority vote.
2. Memo from Director of Finance regarding auditing services for
the City. Received three proposals for said services from Diehl, Evans
M,
& Company, Cringle, Swift, Jordan & Company, and Arthur Young & Company.
Recommend Arthur Young & Company, a national firm, to perform 1971-72
auditing services. Councilman Gammell moved to uphold recommendations
of Director of Finance and City Administrator. Seconded by Councilman
Bathgate. Roll call vote: Ayes: Councilmen Bathgate, Chermak, Gammell,
Thorpe and Forster. Noes: None Absent: None. So ordered.
3. City Engineer has reviewed preliminary title report on Flood
Control District surplus property, Parcel LO 2-103.6. Recommended pur-
chase of property at this time. Councilman Bathgate, seconded by Council-
man Thorpe, moved to uphold the recommendation, authorizing payment of
$7,000 and directing Mayor and City Clerk to execute contract agreement.
Roll call vote: Ayes: Councilmen Bathgate, Chermak, Gammell, Thorpe
and Forster. Noes: None Absent: None.
4. Councilman Bathgate, seconded by Councilman Gammell, moved to
authorize service agreement on air conditioning system with Capistrano
Heating and Plumbing. Roll call vote: Ayes: Councilmen Bathgate,
Chermak, Gammell, Thorpe and Forster. Noes: None Absent: None.
5. City Engineer recommended signing cooperative agreement with
Orange County on Del Obispo improvements and use of AHFP monies.
Councilman Thorpe, seconded by Councilman Bathgate, moved that Mayor
and City Clerk be authorized to execute agreement with County of Orange.
Roll call vote: Ayes: Councilmen Bathgate, Chermak, Gammell, Thorpe
and Forster. Noes: None Absent: None.
6. Agreement with Cooperative Personnel Services office, Cali-
fornia State Personnel Board, for comprehensive personnel system survey
and recommendations. Councilman Chermak moved to authorize the appro-
priate persons to enter into the agreement. Seconded by Councilman
Gammell. Roll call vote: Ayes: Councilmen Bathgate, Chermak, Gammell,
Thorpe and Forster. Noes: None Absent: None
Mayor Forster directed Mr. T. J. Meadows, Manager of Water-
works District #4, to bring similar proposal received by his office
before the Board of Directors at the next regular meeting.
ORDINANCES, RESOLUTIONS, PROCLAMATIONS
1. City Attorney rendered second reading of Ordinance No. 181,
approving the Annexation to the City of the territory known as "Rosen-
baum Annexation No. 211. Discussion followed regarding establishment of —
a policy for certain annexation fees. Councilman Chermak then moved
for adoption of Ordinance No. 181. Seconded by Councilman Thorpe and
carried unanimously. Passed, approved and adopted by the following
vote: Ayes: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster.
Noes: None Absent: None.
2. Second reading of proposed Ordinance No. 182,with regard to
abatement and removal of abandoned or inoperative vehicles from private
or public property, by City Attorney. Councilman Bathgate, seconded
by Councilman Gammell, moved for adoption of Ordinance No. 182. Motion
carried unanimously. Passed, approved and adopted by the following
vote: Ayes: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster.
Noes: None Absent: None.
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3. Proposed Employer -Employee Relations Resolution - Mayor Forster
stated he feels there is a definite need for such a resolution. At the
suggestion of Councilman Thorpe, city employees are to peruse said pro-
posed resolution before it is brought back to Council at a future meeting.
SUBDIVISIONS, ANNEXATIONS
Statuatory requirements for concluding inhabited annexation (Re:
Dana Point -Capistrano Beach Annexation) - City Administrator presented
booklets of Martin & Chapman Annexation Timetables and memorandum offer-
ing additional comments and clarification. Discussion ensued, but no
action taken at this time. Booklets are to be distributed to proponents.
COMMUNICATIONS - WRITTEN
1. Request from Conrock for speed limit review on Ortega Highway.
City Administrator recommended that due to increasing traffic, a formal
study by the Orange County Traffic Committee be made. City Engineer urged
Council to proceed with study, keeping in mind that Ortega is a State
Highway. Councilman Thorpe, seconded by Councilman Chermak, moved to
uphold recommendation of the City Administrator. Motion carried unanimously
2. Request from John Dawson, former City Attorney, for payment of
$842.00 upon completion of prior Council resolutions. Councilman Chermak
moved that this bill be paid. Seconded by Councilman Thorpe and carried
by unanimous vote. So ordered.
ADMINISTRATIVE
1. Adoption of 1971-72 Fiscal Budget - Staff recommended adoption
of budget by ordinance to be put into effect immediately upon its passage.
Councilman Bathgate moved for reading of Ordinance No. 184 and adoption
as an urgency ordinance. Motion seconded by Councilman Gammell and car-
ried unanimously. City Attorney read by title only. Ordinance No. 184,
approving and adopting the budget for the 1971-72 fiscal year and appro-
priating funds therefor, was passed, approved and adopted by the following
vote, to wit: Ayes: Councilmen Bathgate, Chermak, Gammell, Thorpe and
Forster. Noes: None Absent: None.
2. City Administrator recommended accelerated step increase for
Mrs. Ann Kiddell, Steno -Clerk, now functioning as administrative secretary,
from Range 17, Step 2 to Range 17, Step 3 at a salary of $516.00 per
month, effective August 1, 1971. As standard job descriptions have never
been adopted in the city, Councilman Thorpe moved to uphold this recom-
mendation. Councilman Gammell seconded and motion carried by unanimous
vote.
3. Due to a possible conflict of interest on the subject of per-
formance requirements under refuse franchise, Mayor Forster absented
himself and turned the meeting over to Mayor Pro Tem Bathgate. City
Administrator stated city's franchise does not carry rules and regulations
and suggested minimum weight requirements, etc. be written into agreement.
Council concurred that staff make contact with Mr. Truman Smith, contractor,
and bring the matter back on the next agenda.
4. Council reviewed bulletin for recruitment of Director of Public
Safety presented by City Administrator, commenting upon its excellence.
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Timetable calls for appointment of Director in November, 1971. Members
were invited to sit in on any interviews.
PLANNING COMMISSION MATTERS
1. Mayor Forster called for an Executive Session for appointing
of a Commissioner to fill Planning Commission vacancy.
2. Planning Commission presented Resolution adopting the Sewer
Element of the General Plan requesting public hearing be held before
formal adoption. Mayor Forster set August 23, 1971 at the hour of 7:00
PM as the date for public hearing on subject Plan.
3. Planning Commission requested Council public hearing for final
decision on denial of rezoning request from U-1 to P -D (RZ 71-103, Jordan)"
Commission resolution stated said zoning is not in the best interests
of the city. Councilman Bathgate moved to conduct a public hearing on
August 23, 1971 at the hour of 7:00 PM. Motion seconded by Councilman
Thorpe and carried unanimously. So ordered.
4. Correspondence received from Chairman of the Planning Commis-
sion regarding transfer of functions of Site Plan Review Committee to
Planning Commission. City Administrator recommended staff prepare appro-
priate ordinance amending Ordinance No. 115 for next agenda. Councilman
Chermak, seconded by Councilman Gammell, moved to uphold recommendation.
Carried unanimously and was so ordered.
PARKS AND RECREATION COMMISSION MATTERS
The Secretary of the P&R Commission spoke on behalf of Chairman
Dennis Pacquin, seeking Council direction for Master Plan,for 5 acre
park to be dedicated by Westport Development Company. Councilman
Chermak moved that Westport proceed with plans for all four phases of
the Master Plan for the park. Seconded by Councilman Bathgate and carried.
STAFF REPORTS
City Treasurer
Mrs. Ross presented Treasurer's report of bank and fund balances
dated June 30, 1971.
City Attorney
Now has two cases in Court. Zaenglein item set for August 17th.
The Newport Outdoor Sign Company case is back on the calendar for first
week in September.
City Engineer
1. Construction report - Tract 6141 (Sant) has most of underground-
ing in and they will be paving very shortly. Tract 6788,
Birtcher-Pacific off-site sewer job (Vermeulen property) com-
pleted. Westport construction is proceeding.
2. Is in receipt of three right of way documents:
(a) Easement Deed for sanitary sewer purposes executed by
Mildred Jordan;
(b) Dedication of right of way along Los Rios Street executed
by Thomas Trulis;
(c) Right of way along Alipaz, west side, executed by C. L.
Blank.
He recommended all three documents be accepted for recordation.
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Councilman Bathgate, seconded by Councilman Thorpe, so moved.
Carried unanimously and so ordered.
3. Del Obispo cooperative agreement received from County of
Orange for improvement under the Arterial Highway Financing
Program Project No, 540, Mayor and City Clerk to execute all
copies and original and return to City Engineer.
4, Is reviewing agreement for Tract 6141 (Bonito Park site) re-
garding city's share of expenses for public improvements.
Would like to proceed with cost breakdown using developer's
cost figures. Mayor requested City Engineer review off-site
improvements to see that they direct the benefit to the park.
Director of Planning
Presented Monthly Activities report of the Department,
Director of Public Works
Reported on progress of La Novia Bridge. PL 79 Grant requires
construction be completed by August 30, 1971. Requested Council to set
formal dedication date and asked that Mr. L. McConville, Road Commissioner,
among others, be invited to attend. Mayor Forster set the date of Wednes-
day, August 25th at 4:00 PM for formal dedication of the La Novia Bridge.
COMMITTEE REPORTS
City Attorney - City Engineer (1911 Act Committee)
In answer to question regarding legality of the City entering into
1911 Act as a property owner, City Attorney stated that the City may
participate. City Engineer made presentation of cross-sections in Camino
Capistrano and suggested Council consider acceptance of said cross-
sections and proceed with compilation of all participants to determine
scope of assessment district. He would then move forward immediately
with proposed formal boundaries of the assessment district. Councilman
Thorpe moved to adopt as presented with direction for the City Engineer
to present additional cross sections. Motion seconded by Councilman
Bathgate and carried by unanimous vote. So ordered.
Councilman Chermak (Storm Drain Fee Committee)
Reported his Committee had reviewed City Engineer's calculations
on cost of previous off-site storm drain improvements for which Capistrano
Airport and Industrial Park had shared expenses. Stated Industrial
Park's share of this $6,000 project was calculated at $3,255.08. Recom-
mended that this figure be credited to city's current charges of $2,035.13
against Industrial Prak for storm drain fees and balance of credit
($1,219.95) be applied to future drainage fees. He so moved, seconded by
Councilman Thorpe, and carried unanimously.
WARRANTS
The list of demands was presented from the Finance Office. Council-
man Bathgate moved that warrant numbers 6226 through 6254, inclusive, in
the total amount of $26,312.13 be paid. Motion seconded by Councilman
Thorpe and carried unanimously. So ordered.
COUNCIL REMARKS
Councilman Thorpe
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1. Stated reason he abstained from voting on golf course issue
was because of his uncertainty on eminent uses adjacent property was
to be put to. He was concerned that the wrong mixture of uses would
jeopardize the future use of portions of the golf course property for
possible civic center site. Stated he did not wish his abstention in-
terpreted as a negative position and that he may favorably act on pro-
posal in near future.
2. Westport has no approval for trailer type signs. Director
of Public Works will check. He advised that violation of ordinances should
be taken in consideration for all new developments.
Mayor Forster
1. Complaint from Casitas Capistrano Association regarding truck
traffic and dust and dirt eminating from Westport development. This
matter was referred to City Administrator's office for investigation
and report at the next regular meeting.
2. League of California Cities Harbor District meeting cancelled
last week.
3. Thirty-three people involved in last LAFCO election have been
subpoened.
4. Communication received from Powers Association, Inc. relating
to LAFCO protesting property in Irvine area.
5. Illegal grading taking place at hospital site. City Adminis-
trator stated he understood a stop work order had already been issued.
ADJOURNMENT
The meeting adjourned at 10:49 PM to an Executive Session.
Council reconvened at 11:08 PM. Councilman Bathgate, seconded
by Councilman Chermak, moved that Mr. Roland Olsen be appointed to the
Planning Commission. Motion carried unanimously.
The meeting adjourned at 11:10 PM.
Donald G. Weidner
City Clerk
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