71-0930_CC_Minutes_Adjourned Regular MeetingSeptember 30, 1971
ADJOURNED REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The adjourned regular meeting of the City Council of San Juan Capis-
trano was called to order at 7:04 P.M. 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.
MINUTES
The minutes of the regular meeting of September 13, 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.
Carried unanimously.
CONSENT CALENDAR MATTERS
Upon motion of Councilman Gammell, seconded by Councilman Bathgate,
the request from the March of Dimes for permission to solicit funds
during the month of January, 1972 was granted. Motion carried unani-
mously.
BIDS, CONTRACTS, AGREEMENTS
1. Award of construction contract for expansion of Water Quality
Control Facility to low bidder, Weardco Construction Company. Director
of Public Works presented written report recommending award of contract
to Weardco, in the amount of $2,328,000.
An agreement was presented wherein Dana Point Sanitary District
contemplates acquiring capacity rights in the expanded San Juan Capis-
trano sewage treatment facility and will no longer require its present
facility. They agreed to pay the City the sum of $48,200 as their share
of the cost of demolition of the existing facility, construction of
interceptor line, metering structures and engineering and inspection
costs.
Mr. T. J. Meadows recommended this agreement be approved as written,
and the Mayor and City Clerk be authorized to execute. Councilman
Bathgate then moved for authorization to sign agreement on behalf of the
City. Motion seconded by Councilman Chermak and carried unanimously.
So ordered. At this time the Mayor and City Clerk signed agreement and
received check in the amount of $48,200 from Mr. Lew Dunning.
A representative of SDG&E stated they required an additional
easement to bring in new power over Dana Point property which is
leased to the City. Letter to this effect is forthcoming. Councilman
Bathgate, seconded by Councilman Chermak, moved the request be granted.
Motion carried unanimously.
Director of Public Works then recommended contract be awarded to
Weardco Company, subject to contractor's selection of alternate @quip-
ment. City Attorney read by title a resolution awarding contract for
the modification and expansion of the Water Quality Control Facility.
Councilman Chermak moved for adoption, seconded by Councilman Bath-
gate. Ayes: Councilmen Chermak, Bathgate, Forster, Gammell and
Thorpe. Noes: None. Absent: None. Resolution No. 71-9-30-1,
passed approved and adopted by unanimous vote.
2. Award of construction contract in the amount of $174,900
for modifications to portions of outfall sewer line to low bidder,
A. G. Tutor Company, Incorporated. City Attorney read resolution
awarding contract for the construction of the land outfall for the
Water Quality Control Facility, by title only. Councilman Bathgate,
seconded by Council Thorpe, moved for adoption of said resolution.
Ayes: Councilmen Bathgate, Thorpe, Gammell, Forster and Thorpe.
Noes: None. Absent: None. Resolution No. 71-9-30-2, passed,
approved and adopted by unanimous vote.
3. Request from County Road Commissioner for approval of
Prima Deshecha Canada disposal site., City Manager stated he is to
meet with Mr. McConville and staff of County Road Department, and
will present written report prior to October 11 Council Meeting.
Councilman Thorpe moved to direct staff to formalize position, and
Planning Commission to solidify position with regard to zoning.
Motion seconded by Councilman Chermak and carried unanimously. So
ordered.
4. Councilman Chermak moved to adopt resolution approving plans
and specifications and authorizing advertisement for bids for the
modification of the municipal office partitions and work space. Said
bids are to be received at 10:00 A.M., October 21, 1971. Motion
seconded by Councilman Bathgate and carried unanimously. Resolution
No. 71-9-30-3, passed, approved and adopted by unanimous vote.
ORDINANCES, RESOLUTIONS, PROCLAMATIONS
1. City Attorney read proposed Ordinance No. 186 (RZ 71 -103 --
Jordan, from U-1 "Unclassified" to PD "Planned Development"), an
ordinance amending the precise zoning map, as adopted by Ordinance
No. 115, 3.01.3, designated as "Amendment No, 20", by title only.
This constituted the second reading. Councilman Gammell, seconded
by Councilman Bathgate, moved for adoption. Ordinance No. 186
was passed, approved and adopted by unanimous vote.
2, City Attorney rendered first reading of proposed Ordinance
No. 187, granting non-exclusive fr,44ohise to American Postal Corpora-
tion, permitting door-to-door deliveries of circulars, newspapers
and advertising materials, and amending Ordinance No. 22.
3. Draft of resolution creating and establishing the assign-
ment and responsibilities of a Capital Improvements Committee was
presented for Council perusal. Consensus was that Committee consist of
seven, but not more than eleven, members. Councilman Thorpe moved for
adoption of said resolution, seconded by Councilman Gammell and carried
unanimously. Resolution No. 71-9-30-4, passed, approved and adopted
by unanimous vote. Staff directed to solicit members for Committee.
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SUBDIVISIONS, ANNEXATIONS
1. City Manager gave progress report on Capistrano Beach -Dana
Point annexation feasibility study, stating target date of October 15,
with actual distribution of report set for end of October. Mayor
Forster stated for the record that Council had taken no position and
is reserving judgment until receipt of final report. Vaughn Curtiss,
President of the Capistrano Beach Chamber of Commerce, said they also had
taken no position and are awaiting final report. He extended an invi-
tation to Council for attendance at their next meeting.
ADMINISTRATIVE
1. Request from City Manager to replace "press table" with five
auditorium chairs designed to accommodate a writing platform. Council-
man Thorpe, seconded by Councilman Bathgate, moved that item be tabled.
Carried unanimously.
2. Report on investigation of airport operation complaints. City
Manager stated that when FAA report is received, item will be put on
forthcoming agenda.
3. Considerable discussion took place with regard to the Mission
restoration project. City Manager, contractor, staff of County Depart-
ment of Building and Safety, representatives of the Church and City
Attorney met. Concensus was that more meetings at staff level be
held before report to Council. Mr. Bob Gannon, Mission representative,
stated time was of the essence. City Manager was requested to Set up
a meeting with Mr. McLellan of County Building Department before next
regular meeting. Mayor to attend.
4. The Federal Emergency Employment Act of 1971, (Public Employ-
ment Program), was discussed. Council determined that matter be tabled.
City Manager to respond when needed.
5. Councilman Chermak moved for adoption of the Employer -Employee
Relations Resolution. Seconded by Councilman Bathgate, and carried
unanimously. Resolution No. 71-9-30-5, passed, approved, and adopted
by unanimous vote.
PLANNING COMMISSION MATTERS
1. Appeal of Planning Commission denial for directional sign at
southwest corner of Camino Capistrano and Del Obispo (Rancho,Alipaz).
Mr. Richard Carston, Project Manager of Rancho Alipaz, stated request
was for a temporary six month directional sign on leased property.
Director of Planning stated Planning Commission denied request, as
three signs in one area were too many by their standards. Councilman
Thorpe moved to uphold decision of Planning Commission, seconded by
Councilman Gammell. The motion failed by a three to two vote. After
considerable discussion, Councilman Chermak moved that request be
granted, subject to restrictions as outlined by ordinance, including
removal of sign in case of any development of said property, with
option for a 6 month renewal. Motion seconded by Councilman Bathgate,
and carried by 3-2 vote. Councilman Bathgate qualified his yes vote
by stating that while he does not favor concentrating many signs in
one area, the City's approval of offsite signs cannot discriminate one
developer over another.
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2. Request from Westport for maintenance of two off-site
subdivision directional signs at freeway near Trabuco Creek bridge and
Junipero Serra off -ramp. Memo from Director of Planning referring
item to Council for determination with recommendation of favorable
consideration. Upon recommendation of Mayor Forster, Councilman
Chermak moved that request be granted on a month-to-month basis
with the stipulation that it not exceed date of July, 1972, without
renegotiation, or until landscaping agreement is imminent. Motion
carried by 4 to 1 vote, Councilman Thorpe voting "No".
3. Council concurred with Planning Commission resolution of
determination of eligibility of commercial dog grooming operation
for C-1, CIH zone.
4. Council concurred with Planning Commission's Resolution
70-9-7-1 PC expanding controls on exposed air conditioning and other
mechanical installations in architectural control districts.
5. Council supported Planning Commission's recommendation for
City -County Technical Advisory Committee, and called for a complete
copy of the proposed resolution to be available at the next meeting.
PARKS AND RECREATION COMMISSION MATTERS
1, Councilman Chermak moved to adopt a resolution accepting
resignation of Commissioner Jeisy and appointing Larry La Parl as
his successor. Motion seconded by Mayor Forster and carried unani-
mously.
Resoltuion No. 70-9-30-6, passed, approved and adopted by unanimous
vote.
2. Chairman Paquin reported that County had accepted compre-
hensive plan with regard to bicycle trails.
STAFF REPORTS
1. The Treasurer's Report of Bank and Fund Balances - August
31, 1971, received and filed.
2. City Attorney reported the following:
(a) Illegal sign - more time needed to bring contemplated action.
(b) Re: Zaenglein suit - Mr. Keresey served. Civil action will
be handled amicably.
3. City Engineer submitted written report.
Action Items:
(a) Del Obispo Street - Request approval of plans and specs and
advertising of bids for opening date of November 3, 1971,
for awarding of contract November 8, 1971. Councilman
Thorpe, seconded by Council Gammell, moved to uphold
recommendation of City Engineer. Carried unanimously and
so ordered.
(b) Camino Las Ramblas Interchange - addendum to report.
Property owned by Darmi, Inc. to be utilized for extension
of Las Ramblas at the new freeway interchange has been
offered to the City. City Engineer requested acceptance
and authorization for recordation of easement deed.
Councilman Bathgate, seconded by Councilman Thorpe, moved
to authorize request. Motion carried unanimously and
so ordered.
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City Manager stated that since Darmi, Inc. (Marina View Heights)
could not meet its commitment to share expenses for the Las Ramblas
Interchange, the City was retaining federal monies representing
flood debris clean up on other Darmi holdings in hopes that it could
be used to partially offset Las Ramblas Interchange expenses. To
date demands for the money have been received from Glendale Federal
Savings, Darmi, Inc. and attornies for the court receiver handling
Chapter II proceedings for Marina View Heights. Councilman Chermak
moved to authorize interpleading of the various demands for $12,442
on deposit with the City from federal flood debris clean up funds.
Seconded by Councilman Thorpe and unanimously carried.
City Engineer then reported on condemnation actions:
(a) Recommended dismissal of complaint against Theodore Gregory.
Councilman Chermak, seconded by Councilman Thorpe, moved to
adopt resolution dismissing complaint. Resolution No.
70-9-30-7, passed, approved and adopted by unanimous vote.
(b) Re off site sewer, Tract 6788 - Hefferman (Vermuelen) - re-
questing city settle with client in the amount of $6,325.
(deposit, appraisers agreement) - Recommended settlement on
issue. Councilman Chermak, seconded by Councilman Thorpe,
moved to uphold recommendation. Motion carried unanimously.
4. Director of Finance: Presented written report re proposals
for Comprehensive Liability Extended Coverage Insurance. Mr. Lew
recommended accepting proposal of Farmers Insurance Company in the
amount of $6,941.60. Councilman Gammell, seconded by Councilman
Bathgate, moved to adopt resolution accepting same. Resolution
No. 71-9-30-8, passed, approved and adopted by unanimous vote.
5. Director of Planning presented monthly activities report
of the Department.
6. Director of Public Works submitted Monthly Report.
Action Items:
(a) Item I. Grant Deed, Parcel 103.2, 103.5, 103.6. Letter
from Department of Real Property Services transmitting the
executed Grant Deed for the above -referenced property,
together with fully executed duplicate copy of contract
for sale of real property. Recommended acceptance of
Grant Deed and authorization for recordation. Councilman
Chermak moved to accept recommendation. Motion seconded
by Councilman Thorpe and carried unanimously.
(b) Item 2. Recommended sewer connection fee for the William
Brown Building being constructed at 32158 Camino Capistrano
be set at $1,800. Councilman Thorpe, seconded by Council-
man Bathgate, moved to set fee as recommended. Carried
unanimously and so ordered.
Reported he and Ed Vallavanti will attend Water Pollution Control
Federation in San Francisco, October 3-8.
WARRANTS
The list of demands was presented from Finance Office. Councilman
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Thorpe moved for approval of payment of warrant numbers 6399 through
6448, inclusive, in the total amount of $190,787.44. Discussion
followed with regard to warrant No. 6429 (yearly maintenance of
traffic signals, California Highways - amount $368.88) Mayor
Forster then moved to amend motion to exclude said warrant (to
see if this is proper charge to the City) and pay in the total
amount of $190,418.56. Motion seconded by Councilman Thorpe and
carried unanimously.
COUNCIL REMARKS
Councilman Gammell - Questioned costs of paving in front of
Post Office. City Manager to review with staff for report at next
meeting.
Councilman Thorpe
(1) Inquired as to time element of guard rail on Camino
Capistrano at San Juan Creek Road. Director of Public Works stated
he had received call this date. Rail approved and construction to
start October 4.
(2) Questioned Columbus Day as a City Holiday. City Manager
stated City Rules & Regulations have not established Columbus Day as
a bona fide holiday. October 11 was then designated as a legal
working day and Council meeting was to be held that date. The
October 25 Council meeting falls on a legal holiday and was re-
scheduled to 7:00 P.M., Tuesday, October 26.
ADJOURNMENT
There being no further business, the meeting adjourned at
9:54 P.M.
DONALD G. WEIDNER
City Clerk