71-0913_CC_Minutes_Regular MeetingSeptember 13, 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 7:05 PM by Mayor 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.
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The minutes of the regular meeting of August 23, 1971 and the
adjourned regular meeting of August 30, 1971 were approved as presented. ^
Councilman Bathgate, duly seconded, moved that all ordinances and
resolutions for this meeting be read by title only. Carried unanimously.
CONSENT CALENDAR MATTERS
Mayor Forster proclaimed September 12 through 19th, 1971 as
"American Field Service Week".
BIDS, CONTRACTS, AGREEMENTS
1. Agreement with Arthur Young & Co. for fiscal 1971-72 auditing
services. Councilman Chermak, seconded by Councilman Thorpe, moved that
the Mayor be authorized to execute said agreement on behalf of the City.
Motion carried unanimously and was so ordered.
2. Proposed $2,328,000 award of construction contract for expansion
of Water Quality Control Facility to low bidder, Weardco Construction Co.
Director of Public Works informed Council that the Environmental Protection
Agency now has a new procedure requiring a pre -construction conference
before the city awards construction contracts. A pre -construction confer-
ence is scheduled for Thursday, September 16th. Mr. Meadows also reported
check in the amount of $2,074,908.04 received this date from Moulton
Niguel Water District for their participation in the expansion program,
and that all other monies due would be received before the next regular
meeting, and award could be granted at that time. The item was therefore
held over.
3. Proposed award of $174,900 construction contract for modifi-
cations to portions of outfall sewer line to low bidder, A. G. Tutor Co.,
Inc. The same conditions apply as to the above, and was also held over.
4. City Engineer presented report on Del Obispo Street Improvement —
Project (AHFP Project No. 540) and described status of plans and specifi-
cations, construction costs and time tables, and recommended adoption of
resolution of approval. Councilman Bathgate moved to offer Resolution
No. 71-9-13-2 approving plans and specifications for the Del Obispo Street
Improvement Project and authorizing the acquisition of rights of way by
eminent domain. Motion seconded by Councilman Gammell and carried unani-
mously. Resolution passed, approved and adopted by unanimous vote.
5. City Engineer reported he has reviewed Bonito Park improvement
agreement and determined that cost items set forth correlate with esti-
mated cost of improvements, but that proponents were on vacation and asked
that item be deferred to next agenda.
6. Report from City Engineer regarding right of way and street
improvement programs - Alipaz Street and Camino Del Avion. Mr. Huntington
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requested division of land and asked for deferral of full public improve-
ments until actual development, Mayor Forster recommended that Mr.
Huntington process the division of land through the Planning Commission,
with right to appeal to Council for waiver of conditions. Staff was
then requested to negotiate for right of way.
7. Council concurred with recommendation of Councilman Chermak with
regard to proposed plans and specifications for modification to municipal
office partitions and work space. Revised plans will be re -drafted by
architect.
ORDINANCES, RESOLUTIONS
1. Considerable discussion took place with regard to the request
from American Postal Corporation for a revision of the Handbill ordinance
to permit door to door delivery of advertising material by their company.
Mr. Packard again explained their operation and stated that anyone could
suspend delivery either temporarily or permanently by a mere phone call.
Council concurred that an ordinance be drafted along lines discussed to
the effect that amendments could be made to Ordinance No. 22 to allow for
APC non-exclusive franchise.
2. Upon motion of Councilman Gammell, seconded by Councilman Bath-
gate and carrying unanimously, City Attorney read by title only proposed
Ordinance No. 186, amending the Precise Zoning Map as adopted by Ordinance
No. 115, Section 3.01,3, to be designated as Amendment No. 20. This con-
stituted first reading.
3. Councilman Chermak, seconded by Councilman Bathgate and carrying
unanimously, moved that Resolution No. 71-9-13-1, a resolution requesting
the Orange County Flood Control District to undertake the channelization
of portions of Trabuco and San Juan Creeks, be offered for adoption.
Roll call vote: Ayes: Councilmen Bathgate, Chermak, Gammell, Thorpe and
Forster, Noes: None Absent: None
COMMUNICATIONS, WRITTEN
1, Progress report received from Mr. Kenneth Hawkins, President of
E1 Nido Associates, giving status of their mobilehome park on the Ortega
Highway•, Councilman Thorpe moved that this item come up for review 60
days hence. Motion seconded by Councilman Chermak and carried by unanimous
vote.
2. Correspondence from Robert E. Well, President, Casas Capistrano
Association, regarding deteriorating condition of the orange grove opposite
the development on Camino Capistrano and their concern in the maintenance
of said grove. Council recommended that City Manager contact Mr. Wells
informing him of the city's planned participation in the 1911 Act Improve-
ment District and also to direct their organization to contact Parks and
Recreation Commission to make a proposal for presentation to Council.
COMMUNICATIONS, ORAL
1. Bruce Gibbs withdrew his request to make an oral presentation
to the City Council. This brought about a discussion regarding length of
time that should be alloted to individuals under the Oral Communications
heading and that matters be brought before staff for placing on agenda.
Councilman Chermak moved that Council adopt a policy to allow three minutes
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per subject item under said heading. Motion seconded by Councilman Bath-
gate, carried unanimously and was so ordered. City Manager informed Council
he is in the process of drafting a brochure explaining Council meeting
procedures, which is to be placed in Council Chambers as informational
literature.
2. City Engineer, Jack Y. Kubota, took this opportunity to introduce
his new associates, Mr. Ray Woodside and Mr. George Madsen.
ADMINISTRATIVE
1. City Manager presented written and oral report on the Planning
Commission's recommendation for a Resource Capability Study. Gerald
Gaffney, Planning Commission Chairman, concurred with his statements and
further discussed requirements of the Conservation Element. Mayor Forster
stated that in order to comply with State laws requiring a Conservation
Element, the matter should be referred to City Manager for his review
and recommendation and be brought before Council at the regular meeting
of October 11, 1971.
2. Status report submitted by City Manager on the San Juan Capis-
trano Mission restoration project. Councilman Chermak stated he had met
with County representatives and they had indicated a preference for
engineering work to be done on structures to ascertain safety of structures.
Discussion ensued with Mr. Jay Latham, contractor. Council recommended
that a resolution be drafted spelling out precisely what is proposed to be
done in each phase of construction, documented with drawings, in addition
to an engineering report in order to keep Council apprised of what is
transpiring. Councilman Chermak then moved that City Manager and City
Attorney prepare an appropriate resolution. Motion seconded by Council-
man Thorpe and carried by unanimous vote.
3. City Manager submitted report on participation in Federal
Emergency Employment Act of 1971 with the recommendation that Council
authorize application for federal funds under said Act. Mayor Forster
recommended that this be brought back as an agenda item at the next regu-
lar meeting.
PLANNING COMMISSION MATTERS
Request from Secretary of the Planning Commission for policy review
and determination with regard to membership of the Architectural Board of
Review. Councilman Chermak, seconded by Councilman Gammell, moved that
resolution be adopted establishing policy that at least one, but not more
than two Planning Commissioners sit on the Architectural Board of Review.
Motion carried unanimously. Resolution No. 71-9-13-3 establishing said
policy was passed, approved and adopted by unanimous vote.
COMMITTEE REPORTS
Councilman Chermak reported that at 4:00 PM this date the Committee
on the Airport and Industrial Park Drainage Refund Fee had met and effected
ground work for establishing a refund agreement. The contemplated making
refund for oversizing of the sewer line plus allowing one-third of the
siphon cost. This would run in the neighborhood of $9,000-$10,000. They
recommended that Council authorize such an agreement. Councilman Thorpe,
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seconded by Councilman Bathgate, moved to uphold the Committee recommend-
ation. Motion carried unanimously, and was so ordered.
WARRANTS
The list of demands was presented from the Finance Office. Council-
man Chermak, duly seconded, moved that warrant numbers 6343 through 6398,
inclusive, for a total amount of $33,732.76 be paid. Motion carried by
unanimous vote. Director of Finance recommended that payment in the
amount of $98,003.37 to Lowry Engineering -Science setting engineering
fees for expansion of the water quality control facility receive prior
authorization and be approved on next warrant list. Councilman Chermak
moved for approval of said recommendation. Seconded by Councilman Thorpe
and carried unanimously. So ordered.
REMARKS
City Engineer in receipt of right of way documents from D. A. Gannon
and asked that Council accept for recordation. Councilman Thorpe, seconded
by Councilman Bathgate, moved that the Mayor and City Clerk be authorized
to execute said documents for recordation. Carried unanimously.
COUNCIL REMARKS
Discussion took place on the creation of a Capital Improvement
Committee, per Mayor Forster's request. City Manager was instructed to
work on model resolution or ordinance creating such a Committee to make
long term capital improvement program recommendations for the next fiscal
year.
ADJOURNMENT
The meeting adjourned at 10:24 PM.
Leontine Vallavanti
Deputy City Clerk
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