71-1122_CC_Minutes_Regular Meeting107
November 22, 1971
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council 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.
The Deputy City Clerk called the roll. Councilmen present:
Edward S. Chermak, Josh Gammell, James F. Thorpe and Thomas A. Forster.
Absent: William A. Bathgate (excused)
The minutes of the regular meeting of November 8 and the adjourned
regular meeting of November 15, 1971 were approved as presented to Council.
Councilman Chermak, seconded by Councilman Gammell, moved that all
resolutions and ordinances for this meeting be read by title only.
Carried unanimously.
CONSENT CALENDAR MATTERS
A proposed list of charitable organizations to be approved for
fund solicitations was presented for Council review. Several community
organizations were then added to the list. Mayor Forster suggested
that if any new agency is to be added it should be brought before Council
for approval, as in the past. It was also suggested that a record be
kept of all fund drives during a given year for presentation to Council
at the end of said year.
The request from the Camp Fire Girls for permission to conduct a
sale of candy from January 20 through February 7, 1972 was then granted
by motion of Councilman Thorpe to approve Consent Calendar. Motion
seconded by Councilman Chermak and carried by unanimous vote.
PUBLIC HEARING
A request was received from South Coast Development Corporation
for a public hearing on the precise alignment of Trabuco Creek Road.
Upon recommendation of City Manager, Councilman Thorpe moved that public
hearing date be set for December 13, 1971. Motion was seconded by
Councilman Gammell and carried unanimously. So ordered.
BIDS, CONTRACTS, AGREEMENTS
Del Obispo Street Improvement Project - AHFP Project No. 540 -
Staff recommended that a contract be awarded to John B. Ewles Inc. under
bid Alternate "B" for a total contract price of $214,048.39, subject to
the certification by the City Engineer of the acquisition of all right-
of-way for the project. Councilman Thorpe, seconded by Councilman Chermak,
moved to offer Resolution No. 71-11-22-1 awarding said contract. Passed,
approved and adopted by unanimous vote. City Engineer briefly discussed
plans for a potential bicycle trail, an 8 foot treated shoulder, which
is a portion of the street improvement.
ORDINANCES, RESOLUTIONS, PROCLAMATIONS
1. City Attorney rendered second reading by title only of pro-
posed Ordinance No. 185, amending the Precise Zoning Map and rezoning
approximately 210 acres of land to E-1 and R-1 (RZ 71-104 - Davis), to
be designated as Amendment No. 21. Councilman Chermak moved that ordin-
ance be offered for adoption. Motion seconded by Mayor Forster and so
carried.
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Ordinance No. 185 passed, approved and adopted by the following vote:
Ayes: Chermak, Thorpe and Forster. Noes: Gammell Absent: Bathgate
2. Councilman Chermak moved to offer resolution forbidding
smoking in the City Council Chambers. Seconded by Councilman Thorpe
and carried. Resolution No. 71-11-22-2 passed, approved and adopted
by the following roll call vote: Ayes: Chermak, Gammell and Thorpe
Noes: None Abstain: Forster Absent: Bathgate
COMMUNICATIONS (WRITTEN)
1. A request was received from Edward E. Just, Chairman of the
City Selection Committee, League of California Cities, Orange County
Chapter, for the City's share of legal and secretarial fees in the legal
dispute over representatives to the Local Agency Formation Commission.
Fees amount to $768.70 for each city that participated in the action.
Council concurred that the matter should be reviewed and asked that
City Manager obtain a breakdown of charges. Item to be placed on list
of demands for possible approval at the next regular meeting.
2. San Juan Capistrano Chamber of Commerce formally requested
that city crews install Christmas decorations along Camino Capistrano
and Ortega Highway. Councilman Chermak recommended denial of request
and so moved. Seconded by Councilman Gammell and carried unanimously.
ADMINISTRATIVE
1. Preliminary report on 1911 Act Petition, Improvement for Valle
Road from San Juan Creek Road southerly to the Serra on-ramp. City
Engineer recommended that the City Attorney prepare a formal 1911 Act
petition fully executed by the proponents, following which Council can
authorize commencement of proceedings and engineering plans and specifi-
cations. Councilman Thorpe moved to direct staff to continue preparing
details of this item for answer to proponents. Motion seconded by
Councilman Chermak and carried unanimously. City Attorney to prepare
1911 Act petition before the appointment of legal counsel and engineer
of work.
2. Letter received from Standard Oil Company of California re-
questing opinion on the question of vested right to establish a service
station in the C -1-H zone, southwest corner of Camino Capistrano and
Del Obispo. City Attorney's Opinion stated that he believes Standard
Oil, as successor in interest to Gulf, has rights which were vested at
the time improvements were made in reliance upon existing zoning. Mr.
Gerald Buck of Standard Oil appeared before Council stating for the
record that they would not develop a service station at said site unless
an entire shopping center is developed concurrently, and that they were
fully prepared to build a Spanish style station. City Attorney was
directed to further review the matter for report at the next regular
meeting.
3. City Engineer verbally reported on the implications of the
National Flood Insurance Act of 1968 for the City of San Juan Capis-
trano. He explained that this would require flood plain zoning, and
that if the City wished to pursue the matter it should be brought before
the Planning Commission. Mayor directed staff to file information,
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and invite a government representative to some future meeting to more
fully explain the program.
4. City Manager requested Council authorization to use the
services of Martin & Chapman Company for the upcoming election in April
1972. Councilman Chermak moved for adoption of resolution authorizing
said services. Seconded by Mayor Forster. Resolution No. 71-11-22-3
passed, approved and adopted by unanimous vote.
5. Mr. Ken Teel, President of Crestlite Aggregate Company,
appeared before Council requesting special or temporary relief from
zoning restrictions preventing installation and use of a new conveyor
mechanism in lieu of the old Santa Fe loadout dump device previously
used for loading aggregate into rail cars. He stated he must fulfill
commitments or face an expensive law suit, and asked for permission to
use the new equipment for a period of at least six months. Mr. Stubbs,
Regional Sales Manager of the Santa Fe Railroad Company, urged Council
to grant use of this new facility and stated that the railroad company
would like to remove the old ramp as it is a hazard for truck operations.
After lengthy discussion, Councilman Thorpe moved to permit use
of the new equipment pending final Council decision at the December 27th
meeting, and that staff negotiate with Crestlite and the railroad for
an agreement to terminate their non -conforming uses in the C -1-H District.
Mayor Forster seconded the motion and it carried by unanimous vote.
PLANNING COMMISSION MATTERS
1. Resolution received from Planning Commission approving Tenta-
tive Tract No. 7626 (Edco) subject to 19 conditions. Director of
Planning made presentation and asked Council approval of Condition 8-b,
that consideration be given to reduction of improvements for La Novia
to a half street. Councilman Thorpe moved to approve Tentative Tract
and reduce requirements to one-half section of La Novia. Seconded by
Councilman Gammell and carried unanimously.
RECESS
The Mayor declared a five minute recess. The meeting reconvened
at 10:12 PM.
2. Resolution of the Planning Commission approving auto parts
stores in the C -1-H District. Council concurred.
PARKS AND RECREATION COMMISSION MATTERS
1. Phillip Schwartze, Secretary of the Parks and Recreation
Commission, presented proposed specifications for consultant proposals
on the master planning of Four Oaks and Bonito Parks for Council review.
Councilman Thorpe moved for approval of release to various landscape
architects, subject to review by City Attorney. Seconded by Councilman
Chermak and carried unanimously.
2. Mr. Schwartze presented schematic plan of Serra Park in the
Westport Development. After review of alternate development plans and
specifications for the above, Councilman Thorpe moved items be referred
back to Westport for their review and consideration. Seconded by Mayor
Forster and carried unanimously. Council will reserve the right to award
contract.
3. Proposed master plan of bicycle and equestrian trails was
submitted for Council perusal, with the recommendation that the matter
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be referred to the Planning Commission. Councilman Gammell so moved.
Seconded by Councilman Chermak and carried unanimously.
STAFF REPORTS
1. The Treasurer's Report of Bank and Fund Balances, October 31,
1971, was presented by Mrs. Ross, City Treasurer.
2. Written report on Status of Current Litigation submitted from
City Attorney, James Okazaki.
3. Summary report of the activities of the City Engineer's office
received. Mr. Kubota also reported as follows:
a. City Attorney has reviewed cooperative agreement with
regard to the City's share of $82,000 for Las Ramblas interchange
and found it to be a bona -fide billing from the State Division
of Highways.
b. Is in receipt of four right-of-way documents executed
by Mr. & Mrs. Russell Cook, parcels 12, 12a, 4 and 10. Council-
man Chermak moved for acceptance and recordation. Motion seconded
by Councilman Gammell and carried by unanimous vote.
4. Finance Departmental Monthly Activities Report submitted by
Director of Finance. Mr. Lew also reported that staff had met with
Division of Highway officials and were given an additional period of
60 days in which to submit payment of $82,000 as City's share of the
Las Ramblas Interchange.
5. Monthly Activities Report received from Director of Planning.
6. Public Works Activities Report submitted from Director of
Public Works. Attached was letter addressed to Mr. Hashimoto, State
Division of Highways, with regard to a program of future improvements
to the Ortega Highway. Mr. Hashimoto has pledged his cooperation to
help solve this vital problem.
Mr. Meadows also reported problem in the land outfall portion
of the plant expansion, involving special appraisal of State Parks and
Beaches property. Meeting scheduled November 23rd to resolve.
WARRANTS
The list of demands was presented from the Finance Director.
Councilman Gammell moved that warrant numbers 6665 through 6706, in-
clusive, for a total amount of $61,381.65 be approved for payment.
Motion seconded by Councilman Chermak, carried unanimously and was so
ordered.
COUNCIL REMARKS
Councilman Thorpe
Asked about legal ruling on Civic Center Fund.
Councilman Chermak
Stated HUD is trying to impose electrical code changes on the
City of Los Angeles and asked that resolution supporting Los Angeles
in its efforts to maintain local control of the administration of local
building codes be adopted by Council. Councilman Chermak so moved.
Seconded by Mayor Forster. Resolution No. 71-11-22-4 passed, approved
and adopted by unanimous vote.
Mayor Forster - Has reviewed Capital Improvement Committee appli-
cations and is pleased with applicants' talents.
ADJOURNMENT - The meeting adjourned at 11:17 PM.
Leontine Vallavanti
-4- Deputy City Clerk
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