71-0823_CC_Minutes_Regular Meeting72
August 23, 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 7:14 PM by Mayor Forster. The tardiness was due to
a Waterworks District meeting held earlier in the Chambers.
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 August 9, 1971 were approved
as presented.
Councilman Gammell moved that all ordinances and resolutions for
this meeting be read by title only. Motion seconded by Councilman
Bathgate and carried by unanimous vote.
CONSENT CALENDAR MATTERS
Councilman Chermak moved that the request from the Girl Scout
Council of Orange County for permission to sell calendars door to door
during the month of November be granted. Seconded by Councilman
Bathgate and carried unanimously.
PUBLIC HEARINGS
1. Review and adoption of the Sewage Element of General Plan
of the City of San Juan Capistrano - Memorandum from Director of Public
Works stated that the law requires the City to adopt a Conservation
Element -Waste Disposal Facilities as part of the General Plan of the
City. He then made presentation with map showing existing lines as well
as adopted lines of the 1966-1 Sewer Assessment District and recommended
adoption of the plan. Mayor Forster opened public hearing and asked
if anyone wished to speak in favor of the General Plan for Sewers. No
one appeared. He then asked if anyone wished to speak in opposition to
the General Plan. Hearing no one speak, the public hearing was closed
with the right to reopen at any time. Councilman Chermak moved that a
resolution be adopted establishing said plan. Seconded by Councilman
Bathgate and carried unanimously. Resolution No. 71-8-23-1 establish-
ing a Sewer Element to the General Plan was passed, approved and adopted
by unanimous vote.
2. RZ 71-103 (Jordan) - to permit the rezoning of some 27.54 more
or less acres of land from U-1 "Unclassified" to PD "Planned Develop-
ment". Property is located northeasterly of Ganado Road and Ortega
Highway.
City Manager informed Council that a summary of Planning Com-
mission proceedings had been furnished them under separate cover. Mayor
Forster opened public hearing on Planning Commission denial of rezone
request on the Jordan property and asked if anyone wished to speak in
favor of proposed rezone.
Mr. Bob Rogers, Environmental Development Company, took the
floor presenting preliminary design of proposed subdivision and requested
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Council consideration for a rezone to Planned Development. Mr. Paul
Goya, adjacent property owner, spoke in favor of the rezone request.
Mr. Coy Hester, representing Mrs. Jordan, recommended proposed rezone.
Mayor Forster asked if anyone wished to speak in opposition
to the rezone. There was no opposition and public hearing closed.
A question and answer period followed with regard to flood
plain area and future disposition of land abutting the Ortega Highway
Councilman Bathgate, seconded by Councilman Gammell, moved
to uphold the appeal of RZ 71-103 and to allow rezoning to Planned
Development. Motion carried unanimously, Councilman Bathgate then moved
that the City Attorney prepare appropriate ordinance for first reading
at the regular meeting of September 13, 1971. Seconded by Councilman
Gammell and carried unanimously. So ordered.
BIDS, CONTRACTS, AGREEMENTS
1. Preliminary report on agreement with Troy Homes (Tract 6141)
for street improvement costs adjacent to Bonito Park,- City Engineer
recommended that a progress payment be made to the developer in the
amount of $12,000.00. Councilman Chermak moved to uphold recommendation
of City Engineer and authorize progress payment in the amount of said
$12,000.00. Motion seconded by Councilman Thorpe and carried unanimously.
So ordered.
2. Letter received from Howard Huntington, Delta Management Corp.,
re Tentative Tract No. 4550, Improvement of Alipaz Road and Camino Del
Avion, agreeing to dedicate to the City respective rights of way for
Alipaz and Camino Del Avion subject to conditions. City Manager stated
City has committed itself to work in cooperation with the County in
development of Alipaz as a primary artery by 1975. Mayor Forster refer-
red Condition #2, with reference to commercial zoning, back to the Plan-
ning Commission for study and report. He directed City Engineer and
Director of Public Works to clarify Mr. Huntington's condition for paving
of Del Avion.
3. City Manager presented memo with regard to modifications for
municipal offices. Council concurred in that they would like to have
the opportunity to review plans before going to bid. Matter to be
brought forward at the next regular meeting.
4. La Novia Bridge Certificate of Completion - Director of Public
Works requested that Notice of Completion of Work for the Construction of
La Novia Avenue Bridge over San Juan Creek Channel and La Novia Avenue
from Ganado Road to San Juan Creek Road be authorized by Council.
Councilman Thorpe, seconded by Councilman Bathgate, moved that
the Mayor and City Clerk be authorized to execute said Notice. Motion
carried by unanimous vote and was so ordered.
5. Mayor Forster read bid prices received on August 20, 1971 for
modification of the water pollution control facility.
ORDINANCES, RESOLUTIONS, PROCLAMATIONS
1. Councilman Thorpe, seconded by Councilman Bathgate, moved for
adoption of proposed Resolution No. 71-8-23-2 establishing procedures
and fee schedule for various City documents requested by the public.
Passed, approved and adopted by unanimous vote.
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2. The second reading of proposed Ordinance No. 185 relative
to Mission San Juan Capistrano exemption from Building and related
codes was tabled. Councilman Chermak was appointed to a committee to
meet with the Building and Safety Department, City Manager and City
Attorney for report at the next regular meeting.
3. Mayor Forster proclaimed the week of September 17-23, 1971
as "United States Constitution Week" as requested by Daughters of the
American Revolution, Santa Ana Chapter.
_SUBDIVISIONS, ANNEXATIONS
1. Approval of Final Tract Map 7193 (Westport) -
Westport requested that Tract Map 7193 be approved. Water
District having rendered contingent approval prior to Council meeting
this date, City Engineer recommended processing final tract map approval
as follows:
a. Authorize execution of the four agreements for construct-
ion of the public improvements that are the responsibility
of the City. Councilman Thorpe, seconded by Councilman
Chermak, so moved. Unanimous vote.
b. Accept the "drainage agreement" which permits the dis-
charge of drainage from new public streets onto lands owned
by Westport. Councilman Thorpe so moved. Seconded by
Councilman Chermak and carried unanimously.
C. Accept a Grant Deed for the fourth parcel of land located
between the railroad right of way and Camino Capistrano. So
moved by Councilman Thorpe, seconded by Councilman Bathgate
and carried unanimously.
d. Formally approve the tract map subject to the developer
furnishing an adequate guarantee for the construction of the
public improvements. Councilman Thorpe again moved to up-
hold recommendation of City Engineer. Seconded by Councilman
Gammell and carried unanimously.
WRITTEN COMMUNICATIONS
1. Request from American Postal Corporation for amendment to
Handbill Ordinance No. 22 allowing door-to-door delivery of advertising
material. Mr. N. G. Packard, Administrative Vice President, made his
presentation. After considerable discussion, Councilman Thorpe moved
to refer the matter back to staff for investigation regarding results
with similar ordinance changes in other cities. Motion seconded by
Mayor Forster and carried unanimously.
2. Mrs. Bruce W. Gibbs appeared before Council, on behalf of her
husband, requesting relief from street improvement requirements on DL
69-103. Council and staff discussed the matter with Mrs. Gibbs and the
problem was referred to the City Engineer for investigation and recom-
mendation.
ORAL COMMUNICATIONS
Mrs. Edward Adams, 32851 Calle Miguel, San Juan Capistrano,
appeared before Council acting as spokesman for some residents of Troy
Homes. Their concern was the development of Bonito Park. They under-
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stood that money had been budgeted for Bonito Park development but had
been used in part for street improvements. Mrs. Adams said they all
strongly objected to action taken by City Council and wished to know
why this was done and what recourse could be taken.
Council members explained that this parksite was dedicated by
the developer to the City with the stipulation that the City would pay
for the site's share of public improvements. The money is to be spent
for improvements to make the parksite useable and Council reminded the
group that it has spent a great deal of time on this matter during
budget study sessions.
After lengthy discussion, Mr. Rudel, President of Troy Homeowners'
Association, invited Council to attend their meeting the first week in
September. Mr. Frank Winterbourne, Coastline Dispatch Editor, asked
through the Chair that the press be notified where meeting would be
held. Mr. Hyman, representing San Juan Terrace Homeowners' Association,
asked that representatives of their organization also be invited to
attend. Mr. Rudel is to so notify.
ADMINISTRATIVE
City Manager recommended that permanent status be granted to Galo
Grijalva and Nicholas Nigro, employees of the Treatment Plant, but that
merit increase be withheld until November 12th in conformance with
President Nixon's wage -price -rent freeze. It was first thought any in-
crease allowed at that time could be retroactive, but recent information
indicates otherwise. Councilman Thorpe moved to uphold recommendation
of City Manager. Seconded by Councilman Gammell and carried unanimously.
PLANNING COMMISSION MATTERS
1. The Planning Commission requested joint meeting with City
Council on proposed annexation of Capistrano Beach and Dana Point.
Meeting was set for August 30th at 7;00 PM in City Council Chambers.
2. The matter of the proposed "resource capability study", refer-
red from the Planning Commission, was referred back to staff for study
and report.
PARKS AND RECREATION COMMISSION MATTERS
Dennis Paquin, Chairman of the P&R Commission, addressed Council
stating he was in receipt of three proposals from professional consult-
ants for master planning of park sites and requested Council direction.
Council concurred that staff make recommendation and plans be forwarded
through the City Manager to the Director of Public Works for going to
bid.
COMMITTEE REPORTS
Councilman Chermak requested City Engineer to coordinate another
committee meeting with regard to reimbursement to Capistrano Airport and
Industrial Park.
STAFF REPORTS
1. Treasurer's Report of Bank and Fund Balances, July 31, 1971,
presented from Mrs. Alice M. Ross, City Treasurer.
2. City Engineer in receipt of executed Easement Deed from Mr. &
Mrs. Henry Peters and recommended acceptance. Councilman Gammell,
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seconded by Councilman Bathgate, moved that Mayor and City Clerk be
authorized to execute said deed for recordation. Carried unanimously.
Mr. Kubota also submitted a written report summarizing the following
subjects: (a) Construction Programs: Westport developments; Troy
Homes (Tract 6141); McKeon Development (Tract 7251); Straub Industrial
Park (Tract 7221). (b) Subdivision Developments: Westport Develop-
ments (Tentative Map 7252; H. B. Development Co. (change in Master
Plan of Local Drainage). (c) Special Projects: Del Obispo Street
Project; Trabuco Creek Precise Plan Alignment Study; Proposed 1911 Act
Improvement District.
3. Monthly activity report submitted from Director of Finance
with reference to the following items: City's Assessed Valuation 1971-
1972; Gasoline Storage and Facilities; Budget Document for 1971-1972;
Financial Statement for year ended June 30, 1971; Annual Report of
Financial Transactions to State Controller; and Annual Street Report
to State Controller.
4. Informational activities report of the Department submitted
from Director of Planning.
5. Public Works Monthly Report. - Items 1, 2, 3 and 6, inform-
ational. Item No. 4, with regard to dip crossing on Ganado Road, notice
received that Flood Control will demolish at no cost to the City. Item
No. 5, recommended authorizing Purchase Order in the amount of $9,948.00
for removal of concrete rail and replacement with flat stock metal rail
to Peter Kiewit & Sons. Councilman Thorpe, seconded by Councilman
Gammell, moved to uphold the recommendation and waiver of formal bid.
Motion carried unanimously and was so ordered.
WARRANTS
The list of demands was presented from the Finance Office. Council-
man Chermak, seconded by Councilman Thorpe, moved that warrant numbers
6301 through 6342, inclusive, for the total amount of $62,799.87 be
approved for payment. Motion carried unanimously and was so ordered.
COUNCIL REMARKS
1. Councilman Chermak - Questioned rational of new driveway on
South side of Post Office. Director of Public Works stated driveway
needed by large Postal rigs and that they would obtain encroachment
permits. —
2. Councilman Gammell -
(a) Asked status of Hawkins Mobilehome Park. City Manager
stated progress toward development will be given at
meeting of September 13th.
(b) Hazardous ditch at corner of Yorba and Camino Capistrano
in area of Mini Park. Public Works to look into matter.
(c) Several people failing to stop at Junipero Serra "T"
intersection with Camino Capistrano. Public Works to
check into additional warning signs.
3. Mayor Forster
(a) Requested next agenda should include item regarding
Capital Improvement Program.
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(b) With regard to LAFC meeting of August 9, 1971 and
results thereof, asked City Attorney to prepare
appropriate resolution to be forwarded to the Board
of Supervisors. He so moved for approval of such a
document. Seconded by Councilman Chermak and carried
unanimously. Resolution No. 71-8-23-3 expressing the
City's concern over recent actions of the LAFC and
certain members thereof was passed, approved and adopted
by unanimous vote.
(c) Received letter from Mayor Just, Fountain Valley, as
Chairman of the City Selection Committee, asking if the
City would be willing to participate in sharing cost of
legal fees incurred in seating City Selection Committee
members. The City's share would approximate $265.00.
Councilman Chermak moved that Council concur with the
request and to authorize payment in said amount for
participation in the program. Seconded by Councilman
Bathgate and carried unanimously. So ordered.
(d) Has received several letters from residents urging
pursuance of golf course.
ADJOURNMENT
The regular meeting adjourned at 11:00 PM to an Executive Session,
and reconvened at 12:06 AM. Mayor Forster then adjourned to an Adjourned
Regular meeting at 7:00 PM, August 30, 1971, in the Council Chambers.
The agenda is to include "Joint Meeting with the Planning Commission" on
the topic of proposed Capistrano Beach - Dana Point Annexation.
Leontine Vallavanti
Deputy City Clerk
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