71-0830_CC_Minutes_Adjourned Regular MeetingAugust 30, 1971
ADJOURNED REGULAR MEETING -CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The adjourned regular meeting of the City Council was called to
order at 7:08 PM by Mayor Forster. A capacity audience was in attend-
ance. 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.
Mayor Forster in his opening remarks stated that the Planning
Commission had been directed to complete a study on the feasibility of
a possible annexation of Capistrano Beach and Dana Point to the City
of San Juan Capistrano, and that after their report, the Chair and
Council would take comments from the floor relative to the proposed
annexation to be discussed at this meeting. He then briefly discussed
the steps taken in this study, and stated that Council had taken no
position in this issue except to refer to the Planning Commission.
Gerald T. Gaffney, Chairman of the Planning Commission, took the
floor stating that the Commission had given much thought to three items
of concern, these being; increased tax cost due to annexation, the
question of the identity of all three concerned areas in the annex-
ation, and the method of local government for the areas concerned.
The Planning Commission recommended City Council proceed with the annex-
ation subject to the following understandings: (a) that the annexation
proceed only if the in-depth study continues to indicate that a success-
ful annexation works towards the economic and aesthetic betterment of
all three communities; (b) that a form of city government be evolved
that will insure both the retention of identity of the areas to be
annexed as well as their equal voice in all affairs of the city so
created by the annexation; and (c) that the City Council continue suf-
ficient town hall type meetings to obtain the reaction of the general
public of all three communities.
Commissioner Chuck Allen then took the floor stating his negative
position which had been set forth previously in a public memo.
Commissioner Carol Heim stated her objections were the same as
covered in the Allen report.
Mayor Forster then asked that those who wished to speak pro or
con with regard to the annexation step forward, stating their names for
the record, and that Council would now entertain any comments.
COMMENTS FROM THE FLOOR
Mr. Howard Schwartz, Dana Point resident, stated that there had
been a delinquency of information with regard to tax base, and that he
was curious as to the position of Dana Point's incorporation as an
entity in itself.
Mr. Jim Regelbrugge, President of the Dana Point Citizens for
Action Association, stated his committee is to hold seminars next month
but felt that until they can provide the people facts and figures, they
cannot support a stand one way or the other. They intend to run a door -
to door poll in Dana Point to obtain reactions. He feels there is a
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necessity for a local form of government.
Mr. Thomas Lee McCutcheon, also of the Citizens for Action Com-
mittee, asked if representation would be based on area or per capita
basis. Mayor Forster answered that any representation would be on a
per capita basis; one man -one vote. He said San Juan Capistrano would
be giving much more than they would be getting, as the voters registra-
tion showed registered voters in Capistrano Beach numbering 1,561; Dana
Point, 2,030; and San Juan Capistrano with only 1,727.
Mrs. Phyllis Shaiman asked at what point this annexation would be
put on the ballot to the general public. City Manager stated a six to
eight month period would elapse before the issue could appear on any
ballot,
The question then arose as to the possibility of the Dana Point
Harbor being included in said annexation and that if it were not in
cluded the community would lose a large amount of revenue. City Manager
responded that in talking to LAFC and Harbor District officials, there
had been no indication that the harbor would be excluded, City Attorney
stated that Orange County Harbor District is involved.
Mr. Harold Rusk, Capistrano Beach, stated he could see that in-
corporation was needed for protection. If incorporated, land use could
be controlled. He thinks everyone should have a voice on what is going
into the area.
Mr. August Rudel, speaking as an individual, said that a lot more
questions must be answered to allow an intelligent decision. The greater
the organization, the greater the power it has to protect itself. He
thinks if annexation is done properly, all of the problems can be solved
to the satisfaction of all.
Mrs. Judy Beggs, San Juan Capistrano, asked the assessed valuation
of the three areas. Director of Finance answered that the official
figures this date were: San Juan Capistrano, $22,077.650; Dana Point,
$16,976,476; Capistrano Beach, $11,819,326, for a total valuation of
$50,873,452.
Mrs. Quackenbush questioned assessed valuation of Dana Point Harbor.
She was told that any property under public use and ownership would not
be assessed. If there were property and buildings used exclusively for
private business in the harbor complex, County Assessor would provide
an assessment.
Mrs, Carol Heim asked if presidents of Chambers of Commerce of
the three areas were in the audience, as she was curious if they had
done any investigation regarding the annexation.
Mr. Humberg, President of the Dana Point Chamber of Commerce,
stated he was prejudiced in annexing, as it was historically proper,
and if done right, he believed it would be the greatest thing that could
happen. They are planning to form two seminars and will canvass and
poll the entire Dana Point area.
Mayor Forster recommended that interested parties speak with the
Chamber of Commerce group in Irvine to find out some problems in their
move to incorporate the City of Irvine. Mayor Forster then asked if
anyone would like to speak against annexation.
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® Mr. VanderVellan, Dana Point, said people in area would like more
information on annexation. Mayor Forster stated they should solicit
opinions collectively and make them known to Council.
Mr. Douglas Walton, San Juan Capistrano, questioned proposed tax
rates. City Manager said that $2.85 per $100 was cumulative tax rate
for all special districts. He further stated that individual district
rates might be reduced by 10% with City operation, but San Juan Capis-
trano's current General Fund rate of $0.90 would need to be applied to
all annexed territory.
Mrs. Marilyn Williams, San Juan Capistrano, spoke regarding special
districts, saying there were seven overlapping districts being consider-
ed for annexation. She asked if annexation could assume responsibili-
ties of special districts, which districts would have their responsi-
bilities taken over. She also asked if that meant tax payers would be
required to buy out investments of these districts. Director of Public
Works answered that even though special districts were dissolved, the
bonded indebtedness on a given area would remain with it and not be
absorbed as part of any annexation.
Mayor Forster asked for comments from Council.
Council thanked the audience for their interest, and concurred
that more information was needed.
Mayor Forster closed this portion of the meeting and declared a
ten-minute recess. The meeting was reconvened at 9:00 PM.
PLANNING COMMISSION MATTERS
The only other item on the agenda was a request from the Planning
Commission as follows:
Gerald Gaffney, Chairman of the Planning Commission, addressed
Council recommending that the City Council charge the Parks and Recre-
ation Commission with amending the Parks and Recreation Element of the
General Plan, this amendment to include, but not be limited to, bicycle,
motor bike, hiking and equestrian trails and the formulation of city
standards for each.
Councilman Chermak moved to uphold this recommendation. Seconded
by Councilman Thorpe and carried unanimously.
The Parks and Recreation Commission were instructed to make a
progress or final report to Council within 90 days, who in turn will
refer to the Planning Commission for holding of first public hearing
for adoption of amendment to the General Plan. City Engineer is to
work out the current problem with regard to the bicycle trails in any
current tracts at his discretion.
COUNCIL REMARKS
Councilman Chermak:
1. Attended meeting with regard to problem of restructuring at
the Mission. Mr. Gannon is the contact with the Mission and
any actions taken should be referred to him.
2. Requested City Engineer to set up committee meeting re
Capistrano Airport and Industrial Park reimbursement.
3. Recommended Flood Control District maintain protection for
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new La Novia and Camino Capistrano Bridges and that a
resolution be forwarded to the Board of Supervisors requesting
funds for channelization of San Juan Creek and Trabuco Creek.
Mayor Forster requested City Attorney to present such a
resolution for adoption at the next regular meeting.
ADJOURNMENT
There being no further business at hand, the meeting adjourned
at 9:42 PM.
Leontine Vallavanti
Deputy City Clerk
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