71-1108_CC_Minutes_Regular MeetingX00
November 8, 1971
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
Due to showing of film by the Orange County Department of Building
and Safety scheduled earlier, the regular meeting of the City Council
was called to order at the hour of 7:21 PM.
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 October 26, 1971 were
approved with corrections noted.
Councilman Chermak, seconded by Councilman Bathgate, moved that
all resolutions and ordinances for this meeting be read by title only.
Carried unanimously.
CONSENT CALENDAR MATTERS
1. Letter received from Arthritis Foundation, Orange County
Branch, requesting authorization to campaign for funds to finance 1972-
1973 Service Program. Upon recommendation of City Manager, Councilman
Thorpe moved to approve request. Motion seconded by Councilman Gammell
and carried unanimously.
2. Correspondence received from ALSAC (Aiding Leukemia Stricken
American Children), St. Jude Children's Research Hospital, requesting
permission for Teenagers to solicit funds on a door-to-door basis,
November 13-20, 1971, daylight hours only. Councilman Thorpe moved for
approval. Motion seconded by Councilman Bathgate and carried by unani-
mous vote. Councilman Chermak then asked that a list of non-profit
charitable organizations be compiled to give blanket approval for such
requests at staff level. Mayor Forster also requested City Manager to
present to Council list of agencies embraced by United Fund organization,
as he had proclaimed the Month of November 1971 as "United Fund Month".
PUBLIC HEARING - (RZ 71-104 - Capistrano Ranchers)
Mayor Forster, stating that hearing was continued at the request
of the proponents, asked for additional staff reports on subject rezone,
whereupon Planning Director presented area map to the audience. The
Chair then opened public hearing asking to hear those who wished to
speak in favor of said rezone.
Mr. John Klug, Pacesetter Homes, discussed briefly concept of
development, presented color coded map of area proposed for development
on the city's General Plan, showed renderings of green -belt area, and
profile of proposed grading with respect to cut and fill. He also felt
there was a need in the area for medium priced single family residences.
Mr. Coy Hester, representing Mrs. Jordan, property owner, spoke
in favor of the project. Mr. Paul Goya approved zoning from U-1 to
R-1 and E-1. Mr..Kenneth Hawkins, adjacent property owner, also spoke
in favor of proposed rezone.
The Mayor then asked if anyone wished to speak in opposition.
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Mr. Robert Creeber introduced himself stating he did not object
to orderly growth that is bound to take place, but that if 500 addit-
ional homes were built in the area there would be an increased enroll-
ment in local schools, and the traffic problems created on Ortega
Highway would be beyond belief.
Mr. Arthur Lavagnino stated there was no way this property could
be developed without a considerable amount of grading. He also thought
the General Plan needed revision with regard to steep hillside property.
For the record, letters on subject matter received and filed:
William Corcoran (2)
Roy L. Byrnes, M.D. (2)
Bruce A. Brown
Carl H. Hankey
Leona Fitzpatrick, Capistrano Valley Realty (urging developers
to try for less dense population on this property)
Arthur Lavagnino (furnishing information to City Council for
their use in evaluating Planning Commission reasons for
denial)
Mayor Forster closed the public hearing with the right to reopen
at any time and asked for discussion from the Council. Considerable
discussion took place with regard to conditional rezoning, traffic
element, grading, landscaping and communication with school district.
Councilman Chermak then moved that Council override denial of the
Planning Commission and grant rezone. Conditions to be placed on
development at time of consideration of tentative tract map. Seconded
by Councilman Bathgate and carried by 3 to 2 vote, Councilmen Gammell
and Thorpe voting "No".
City Attorney then rendered first reading, by title only, of pro-
posed Ordinance No. 185 granting rezone from U-1 to R-1 and E-1, and
to be known as Amendment No. 21 of the Precise Zoning Map.
BIDS, CONTRACTS, AGREEMENTS
1. City Engineer submitted summary report on bid opening for Del
Obispo Street project (AHFP Project No. 540). Thirteen bids received.
The two apparent low bidders were (a) John B. Ewles Inc., in the amount
of $214,048.39; and (b) Mark Company, in the amount of $216.554.14.
Recommendation for award of contract will be scheduled for November 22nd
meeting. Right of way negotiations are in process.
2. City Manager recommended Change Order in construction of
office modifications, this being sound -proofing of work room, amounting
to an additional $132.63. Councilman Chermak moved for approval.
Seconded by Councilman Thorpe and carried unanimously. So ordered.
ORDINANCES, RESOLUTIONS, PROCLAMATIONS
1. Memorandum from Finance Director stating 10% of initial grant
of $11,300 received from federal financed PEP (Public Employment Program)
and recommending establishment of separate bank account in Southern
California National Bank for said funds. Councilman Bathgate moved to
accept recommendation and offer resolution authorizing establishment
of this account. Motion seconded by Councilman Gammel and carried by
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unanimous vote. Resolution No. 71-11-8-1 passed, approved and adopted
unanimously.
2. Proposed resolution concerning approval of location of pro-
posed refuse disposal site in Prima Deschecha Canada Canyon presented
for adoption by Council. Mayor Forster so moved. Seconded by Council-
man Bathgate and carried unanimously. Resolution No. 71-11-8-2 passed,
approved and adopted by unanimous vote.
SUBDIVISIONS, ANNEXATIONS
1. Request from Bauer Development Company for Council acceptance
of private open space in lieu of park dedication or fees, per Ordinance
No. 131. Director of Planning gave presentation of Site Development
Plan for Tract 7393 (Harbor Lane Homes) showing recreational area,
stating request to substitute private park facilities in lieu of public
park dedication is in the public interest and would be no expense to
taxpayers of the city. Requirements subject to site plan review.
Councilman Thorpe moved to allow appropriate credit for public park
land, subject to conditions of Ordinance No. 131 set forth in memo
from Director of Planning. Motion seconded by Councilman Gammell and
carried unanimously. Staff directed to submit report, complete with
legal opinion, with regard to civic center fund at next regular meeting.
2. Request from LAFCO for City's report on proposed annexation
of 11.3 acres in Capistrano Beach area of County to the City of San
Clemente. Mayor Forster moved to approve items as set forth in memo
from City Manager, and returning report to Richard Turner, Executive
Officer. Motion seconded by Councilman Thorpe and carried by unanimous
vote.
COMMUNICATIONS (WRITTEN)
1. Request from Tustin Land and Cattle Company for abandonment
of right of way - La Novia. Councilman Bathgate moved for denial of
request, without prejudice, in accordance with conditions set forth
in memorandum of City Engineer, these being: no determination as to
exact location of La Novia southerly of San Juan Creek Road; and
adoption of precise plan alignment of existing street now called La
Novia. Motion seconded by Councilman Gammell and carried unanimously.
2. City Manager in receipt of claim for damages caused by acci-
dent on Junipero Serra off -ramp. Vehicle hit telephone pole and driver _
blamed absence of stop sign. He recommended Council denial of claim
and to refer to insurance company. Councilman Thorpe moved to uphold
said recommendation. Seconded by Councilman Bathgate and carried
unanimously.
COMMUNICATIONS (ORAL)
1. Mr.Ralph Castanada of the Orange County Planning Department
presented a brief summary on the County Housing Authority. Councilman
Thorpe moved to support Housing Authority at County level. Motion
seconded by Councilman Chermak and carried by unanimous vote.
2. Mr. Al Hyman, San Juan Terrace Homeowners' Association, in-
quired as to time element for resurfacing streets in his tract. City
Engineer replied bids out in January and completion of all work by
March.
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ADMINISTRATIVE
1. Council discussed Planning Commission proposal for a Resource
Capability Study. Councilman Thorpe suggested staff attention be given
to items such as: more ways of rezoning, transportation patterns,
schools, economics, types of industries suitable for area, etc. He
recommended item go back to staff for more alternative proposals. Fur-
ther response by the Planning Commission will be forthcoming at the
next regular meeting.
2. City Engineer verbally reported on Federal Flood Insurance
Act of 1968. He noted that deadline for program is December 31, 1971
and stated that the City does not have to have an active program, but
should at least have a pledge. If not, City automatically becomes
ineligible for disaster funds. Councilman Thorpe moved that report on
subject be presented at the next regular meeting. Seconded by Council-
man Bathgate and carried unanimously. So ordered.
3. Report submitted from City Engineer's office setting forth
stipulations of agreement approved by the City of San Juan Capistrano
with the State for construction of the Las Ramblas Interchange with
the San Diego Freeway. Cost at the date of agreement (February 10,
1969) was $47,764.40. After bids were received, actual costs rose to
$67,131.34 plus 5% contingencies and 17% for engineering. Mr. Kubota
explained these figures and asked that the total amount of $82,500 for
the contractual agreement be included in the next list of demands.
Mayor Forster referred the matter to the City Manager, City Engineer
and City Attorney for review of agreement.
4. City Engineer received request from Westport Development Co.
for acceptance of Grant Deed for off-site storm drain (Tract 7274).
Councilman Bathgate, seconded by Councilman Chermak, moved for accept-
ance of said deed. Motion carried unanimously.
WARRANTS
The list of demands was presented from the Finance Office. Council-
man Chermak moved that warrant nos. 6619 through 6664, inclusive, in
the total amount of $47,697.84 be authorized for payment. Motion second-
ed by Councilman Thorpe and carried by unanimous vote. So ordered.
COUNCIL REMARKS
Mayor Forster
1. Offered resolution urging the Board of Supervisors to renew
lease agreements with Air California and Air West at the Orange County
Airport. Councilman Bathgate, seconded by Councilman Chermak, moved
for adoption. Resolution No. 71-11-8-3 was passed, approved and
adopted by unanimous vote.
2. Directed staff to prepare a report with regard to the re-
alignment of Ortega Highway for presentation at the next regular meeting.
ADJOURNMENT
Due to the late hour and the lengthy agenda, Mayor Forster adjourn-
ed the meeting at 10:28 PM to an Executive Session. The regular meeting
reconvened at 11:10 PM. The filling of vacancy on the Architectural
Board of Review was then brought up. Councilman Bathgate moved that
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August Rudel be appointed as a member of the Architectural Board of
Review. Motion seconded by Councilman Chermak and carried by unanim-
ous vote.
The regular meeting adjourned at 11:11 PM to a regular adjourned
meeting Monday, November 15, 1971 at the hour of 6:00 o'clock PM.
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Leontine Vallavanti
Deputy City Clerk