71-1026_CC_Minutes_Regular MeetingOctober 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 7:08 PM by Mayor Forster.
The pledge of allegiance was recited. Invocation was given by
Mr. T. J. Meadows, followed by moments of silence in memory of former
Councilman Antonio M. (Tony) Olivares, who faithfully served the City
of San Juan Capistrano for nine years.
The Deputy City Clerk called the roll. Councilmen present:
William A. Bathgate, Edward S. Chermak, Josh Gammell and Thomas A.
Forster. Absent: James F. Thorpe. (Excused)
MINUTES
The minutes of the Regular Meeting of October 11, 1971 were
approved as presented.
Councilman Gammell, seconded by Councilman Bathgate, moved that
all resolutions and ordinances for this meeting be read by title only.
Carried unanimously.
PUBLIC HEARING
Mayor Forster announced that public hearing on appeal from Plan-
ning Commission denial of rezone request RZ 71-104 (Capistrano Ranchers)
had been duly noticed and published as required by law, and this was
the time and place set for said hearing. Mr. John Klug, representing
Pacesetter Homes, as applicant, asked permission to continue hearing
to the next regular meeting giving them time to complete a presentation
making modifications to overcome objections raised at Planning Commis-
sion level. Councilman Bathgate, seconded by Councilman Gammell, moved
to grant continuance. Motion carried unanimously. Mayor Forster set
November 8, 1971 at the hour of 7:00 PM and stated continued public
hearing will be conducted at that time.
BIDS, CONTRACTS, AGREEMENTS
1. Bids received for municipal office modifications from Roland
Olsen in the amount of $4,932 and Viking Company in the amount of
$7,690. City Manager recommended Roland Olsen be awarded construction
project and be authorized to commence work on or about November 1st.
Councilman Chermak, seconded by Councilman Bathgate, moved to uphold
recommendation of City Manager. Carried unanimously and was so ordered.
2. Correspondence presented from City Engineer, Jack Y. Kubota,
supplementing details of presentation with regard to Engineering Ser-
vices Contract for the City of San Juan Capistrano. Agreement attached.
After a brief discussion, Councilman Bathgate moved for the passage of
a resolution authorizing the Mayor and City Clerk to execute the agree-
ment between Mr. Kubota and the City. Motion seconded by Councilman
Gammell and carried by unanimous vote. Resolution No. 71-10-26-1 passed,
approved and adopted by unanimous vote.
3. City Manager presented memorandum outlining proposed City
conditions for approval of Prima Deschecha Canada Disposal Site. During
discussion, Councilman Bathgate questioned the street construction with
a minimum of two 12 foot lanes. He feels there will be need for more
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than two lanes and wondered who would be responsible for further widen-
ing of La Novia. City Engineer stated there is a possibility of working
out street design with the County. Councilman Bathgate then moved to
approve conditions as outlined with the inclusion of statement expand-
ing upon what will happen after initial construction of La Novia.
Motion seconded by Councilman Gammell and carried unanimously.
ORDINANCES, RESOLUTIONS, PROCLAMATIONS
1. Councilman Gammell moved to offer resolution accepting resig-
nation of Gerald T. Gaffney from the Architectural Board of Review and
commending him for outstanding service to the City. Motion seconded
by Councilman Bathgate and carried by unanimous vote. Resolution No.
71-10-26-2 passed, approved and adopted unanimously.
2. City Attorney rendered second reading of proposed ordinance
granting to American Postal Corporation a non-exclusive franchise to
deliver handbills within the city and amending Ordinance No. 22.
Councilman Bathgate moved for adoption. Motion seconded by Councilman
Gammell and carried by unanimous vote. Ordinance No. 187 passed,
approved and adopted by the following vote: Ayes: Councilmen Bathgate,
Chermak, Gammell and Forster. Noes: None Absent: Councilman Thorpe.
WRITTEN COMMUNICATIONS
1. Request from Chamber of Commerce for City's financial parti-
cipation in expanded operations. Mike Darnold, President of the San
Juan Capistrano Chamber of Commerce, addressed Council requesting clari-
fication of discussion held earlier in the year with regard to monies
set aside from the Budget for Chamber work. Six Thousand Dollars ($6,000)
had been allocated and to date $2,000 has been spent on brochures and
$100 went to the Fiesta Association, leaving a balance of some $3,900.
He stated they would like to hire a full-time manager to tackle such
problems as city parking, information center, etc., but were not in a
position to do so without aid from the city. Councilman Gammell moved
to grant Budget allocation in the amount of $3,900 to the Chamber of
Commerce with the stipulation that this item was not binding on next
year's budget. Motion seconded by Councilman Bathgate and carried by
unanimous vote. So ordered.
2. Petition presented from property owners along Valle Road
regarding improvement to full width of said Valle Road under the 1911
Act. Mayor Forster referred the item to City Manager and appropriate
departments for report two weeks hence.
3. Request from Shelter Industries, Inc., operators of Rancho
Alipaz Mobilehome Park, requesting waiver of business license delinquency
penalty. City Manager recommended denial. Councilman Chermak moved to
uphold recommendation and deny request. Motion seconded by Councilman
Bathgate and carried by unanimous vote.
4. Letter received from Albert Nelson, Assistant Director of
Building and Safety, stating his department would be happy to arrange
showing of film entitled "Plans Approved" to City Council. City Manager
to make arrangements when a light agenda is scheduled. Notification to
be given to Water Board, commissions and committees.
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ADMINISTRATIVE
Agenda item on proposed Resource Capability Study, as requested
by Councilman Thorpe. Due to his absence, this item was postponed
until his return.
PLANNING COMMISSION MATTERS
Council determination of acceptability of site plans for Tract
No. 7274 (Westport). At the previous meeting, there was a general tone
of concern by Council with regard to alternatives in site planning in
said tract. The discussion continued with Council, Commissioner Lavagnino
Mr. Daniel and Mr. Rabalais presenting their views on subject item.
Developers presented elevation plans.
Councilman Chermak moved that site plans for Tract No. 7274 be
approved subject to the incorporation of changes: deletion of objection-
able models; change in design of ono alin mansard models; inclusion of
elevation D to include Spanish tile/sloping roofs; the assumption that
landscaping plans will have sufficient sound and site buffering; and
that siting on units of questionable site be changed to break up mono-
tony of some streets. Motion seconded by Councilman Bathgate, and
carried by 3 to 1 vote, Councilman Gammell voting "No".
PARKS & RECREATION COMMISSION MATTERS
Proposed sources of funding for parks' acquisition, development
and maintenance - This item was put on agenda at request of Mayor
Forster. Memorandum from City Manager included seven possible funding
methods. Council concurred that a Parks Tax Rate above and beyond the
existing General Fund rate would be the only fair way to raise funds.
Mayor Forster said he would like to see this item put on the ballot
next April in order to obtain the reaction of townspeople relative to
this matter. Chairman Dennis Paquin spoke, stating that a figure of
from $36,000 to $40,000 would be the necessary expenditure to set up
a Parks and Recreation Department. He believes his Commission should
be charged with a study in detail to present to Council. Mayor Forster
requested Commission to report back to Council the last meeting in
December or the first meeting in January.
STAFF REPORTS
1. Treasurer's Report of Bank and Fund Balances - September 30,
1971, presented from City Treasurer, Mrs. Alice M. Ross.
2. City Attorney presented proposed resolution expressing con-
cern over proposed reapportionment of Legislative Districts. Mayor
Forster moved for adoption. Seconded by Councilman Bathgate and
carried unanimously. Resolution No. 71-10-26-3 passed, approved and
adopted by unanimous vote.
3. Staff Report received from City Engineer as informational
item. One additional item: With regard to Westport Development re-
quest for approval of Final Tract Map 7274. Fees paid in the amount
of $21,600 and recommended conditional approval. Councilman Bathgate
moved to uphold recommendation of City Engineer. Seconded by Council-
man Chermak, carried unanimously and was so ordered.
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4. (quarterly Report from Finance Office. Noted and filed.
5. Monthly Activities Report received from Director of Public
Works, Additional item: Having differences with Dana Point Sanitary
District and stated for the record that second Project Committee meet-
ing slated for November 4. Hopes differences will be resolved at
that time.
WARRANTS
This list of demands dated 22 October 1971 was presented from
Finance Office. Councilman Chermak moved that Warrant Nos. 6483 - 6500
and 6601 through 6618, inclusive, for a total amount of $94,727.24 be
authorized for payment. Motion seconded by Councilman Gammell, carried
unanimously and was so ordered.
COUNCIL REMARKS
Councilman Chermak
Conferred with Mr. Hawkins regarding his mobilehome park. He
has been held up for over a year as State drainage engineers would
not accept his plans. Wondered if City could be intermediary between
developers and the State. City Engineer stated developer was not
taking water directly to the Flood Control channel but was dumping
on other properties, which could cause the State to become liable.
Mayor Forster
1. Read letter received from Chairman Battin, Orange County
Board of Supervisors, requesting that City Council place the proposal
for the creation of an Orange County Housing Authority on their agenda
as an item for discussion prior to the November 13th meeting of the
Supervisors and Mayors Conference.
2. Re Capital Improvement Budget, questioned time schedules for
traffic lights. City Manager to report at next meeting.
3. Expressed displeasure of microphone problems in Council
Chambers. Recommended solicitation of proposals on sound systems.
4. Reported he, City Manager and staff had met with Citizens
for Action Committee relative to annexation. They are awaiting Annexa-
tion Report from City Manager's office.
5. Would like City Attorney to report on Interpleading and sign
cases at next regular meeting.
ADJOURNMENT
The meeting adjourned to an executive session at 9:56 P.M.
The regular meeting reconvened at 10:40 P.M. and Mayor Forster
announced the City Council has given approval to the City Manager's
recommendation to hire Joseph P. McKeown as San Juan Capistrano's
Director of Public Safety, at a salary of $14,500 per year. $750
was authorized as the maximum for moving expenses for the new Director
of Public Safety. Meeting adjourned at 10:42 P.M.
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Donald G. Weidner
City Clerk
1012-1-171