71-1213_CC_Minutes_Regular MeetingIII
December 13, 1971
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:18 PM by Mayor Forster. The tardiness was due to a Water Board meet-
ing previously held.
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.
The minutes of the regular meeting of November 22, 1971 were
approved as presented.
Councilman Gammell, seconded by Councilman Thorpe, moved that all
resolutions and ordinances for this meeting be read by title only.
Carried unanimously.
PUBLIC HEARINGS
The request from South Coast Development Corporation for a public
hearing on the precise alignment of Trabuco Creek Road was postponed due
to notice of hearing not having been published at the appropriate time.
Mayor Forster reset public hearing for December 27, 1971 at the hour
of 7:00 PM.
BIDS, CONTRACTS, AGREEMENTS
A proposed Agreement providing for Chamber of Commerce services
to the City was presented for Council consideration. Councilman Thorpe
moved to enter into the Agreement subject to the rewording of paragraph
referring to the establishment of parking districts, and to authorize
the Mayor and City Clerk to execute said Agreement. Motion seconded by
Councilman Chermak and carried by unanimous vote.
ORDINANCES, RESOLUTIONS, PROCLAMATIONS
1. Mayor Forster presented a framed resolution of commendation
previously passed by Council to former Chairman of the Planning Commis-
sion, C. Russell Cook. Mr. Cook thanked Council and the audience for
having been given the opportunity to serve the city in its formative
years.
2. A proposed resolution urging the State Water Resources Control
Board to consider the findings of the Southern California Coastal Water
Research Project prior to adopting new regulations for ocean discharges
was presented. Councilman Bathgate moved for adoption. Seconded by
Councilman Gammell and carried unanimously. Resolution No. 71-12-13-1
passed, approved and adopted by unanimous vote.
SUBDIVISIONS, ANNEXATIONS
1. A request was received from South Coast Development Corp. for
waiver of requirements for dedication of areas for park and recreational
purposes or the payment of fees in lieu thereof for their Village San
Juan project (Tract 7387). Accompanying memorandum from Director of
Planning recommended that the developer in this instance be given direct-
ion that private recreational area for this development would be accept-
able, subject to compliance with city ordinances. Councilman Thorpe,
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seconded by Councilman Bathgate, moved to uphold staff recommendation,
pending approval of all final maps. Motion carried by unanimous vote.
2. Mr. Aikens of South Coast Development had asked for approval
of final Tract Maps 7541 and 7542 (Village San Juan). As the Board of
Directors of the Waterworks District had taken no action on subject
at the meeting held earlier, Mayor Forster, hearing no protests, direct-
ed that the item be carried over to the regular meeting of December 27th.
WRITTEN COMMUNICATIONS
1. Letter received from Earl J. Little, DDS, requesting vacation
of portions of San Juan Creek Road and Ganado Drive located within his
property, as access roads to a bridge crossing were no longer necessary
due to removal of the bridge. Councilman Thorpe moved to refer request
to the Planning Commission for recommendation and comment at the next
regular meeting. Motion seconded by Councilman Chermak and carried
unanimously.
2. Correspondence from W. K. Hashimoto, State Division of High-
ways, stating that the next step towards achieving official designation
of the Ortega Highway as an official State Scenic Highway was the pre-
paration by the City of a specific plan and program for the protection
and enhancement of the proposed scenic corridor through the City limits.
Several copies of the Scenic Highway Report were enclosed. Director of
Public Works recommended Council accept this report and refer to the
Planning Commission for study and recommendation. Councilman Bathgate
moved to uphold recommendation and requested a report be forthcoming
at the first regular Council meeting of January, 1972.
3. As requested by the City, a very brief report of current
traffic controls and speed limits on the Ortega Highway from the San
Diego Freeway to the Consolidated Rock plant, approximately seven miles,
was received from the Traffic Department of the State Division of High-
ways. The report found no need for major changes in traffic controls
due to accident levels being well below State averages. City was advised
some modifications to speed signs would be made at sharp curves on the
highway.
4. Mayor Forster in receipt of letter from Trans -United Investment
Corp, regarding a sewer connection fee in the amount of $4,950.00 paid
under protest for Straub Distributing Company, and requesting a meeting
to further explore the situation. Director of Public Works is to meet
with Robert K. Adams, President, and report back at the next regular
meeting.
ORAL COMMUNICATIONS
Mayor Forster asked if anyone wished to address Council on any
matter at all.
Mr. Bill Zintle, representing Troy homeowners, appeared before
Council pointing out that a petition signed by some 266 persons had
been presented to the Planning Commission spelling out their displeasure
of the proposed traffic circulation element of the Bauer development
near their tract. Additional traffic diverted along Via del Rey would
pass their park thereby endangering their children at play. They had
asked that Via del Rey be blocked off.
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Director of Planning stated Tentative Tract Map for Troy Homes
had been approved in 1965 and finalization of Via del Rey had been
accomplished in August, 1971, and that only site plans were approved at
their last meeting.
City Engineer explained that street had been barricaded instead
of curbed as this area was developed to provide for extension of Via
del Rey as required. Two inlets were intended when the original tract
was approved (Alipaz and Del Obispo) and the design was based on future
modes of living and transportation.
ADMINISTRATIVE
1. City Engineer in receipt of signed right of way documents on
the Del Obispo Street project, AHFP 540, and recommended Council con-
sideration of cash payment, subject to approval by legal counsel. Mr.
Kubota stated he felt payment well within budget set up and further
recommended Mayor and City Clerk be authorized to execute for record-
ation the following deeds:
Name Parcels Type Amount
Forster 1 Slope $ 50
Hurtigan 1 Slope 118
Cook 5 Road & Slope 880
Community Presbyterian Church 2 Road & Slope -0-
Rymer 1 Slope 435
Williams 1 Slope 430
Southern Baptist Church 2 Road & Slope -0-
$1,913
These costs reflect only the payment amounts and not the costs of drive-
ways, alterations of utilities, or other facilities.
Councilman Thorpe moved to uphold recommendations of City Engineer.
Seconded by Councilman Chermak and carried by unanimous vote. So ordered.
Councilman Bathgate stated problem brought to his attention with
regard to entry to a private road. In hazardous condition due to a
drainage ditch, and asked if a culvert would be available on Del Obispo.
City Engineer to check.
2. Tentative Agreement with Crestlite, the AT&SF Railway and the
City permitting the use of a newly constructed aggregate loading facility
in the C -1-H zone in return for the removal of the nonconforming loading
ramp. As this Agreement was acceptable to parties concerned, Councilman
Chermak moved that the Mayor and City Clerk be authorized to execute
said Agreement on behalf of the City. Motion seconded by Councilman
Bathgate and carried by unanimous vote.
3. City Manager stated need for additional equipment in order to
maintain treatment plant operations during construction. Director of
Public Works said a water truck is needed to haul digested sludge from
the plant. Such a truck can be rented for $1,250 per month on a three
month basis. If after this time the city decided to buy it, portion of
rental payments could be applied toward the purchase price of $10,750.
Should the city buy this piece of equipment, the cost might be applied
to the plant expansion and 80% of the total cost recovered as part of
the Federal Grant, the other 20% to be charged to participating entities.
Councilman Chermak moved for approval of rental agreement. Second-
ed by Councilman Thorpe and carried unanimously. So ordered.
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Discussion continued with regard to disposal of sludge. Council
concurred that truck could later be utilized for street maintenance if
purchased.
4. Discussion with regard to staff seating arrangements in
Council Chambers. The matter was tabled.
PLANNING COMMISSION MATTERS
Mr. Mel Tooker hired as Assistant Planner under PEP Program.
WARRANTS
_-- 1, Itemized statement of legal services and costs rendered in
litigation with LAFCO received from Woodruff & Frazee, Attorneys at Law.
Mayor Forster stated there was no question in his mind that the City had
an obligation to defend any of its officers who become defendants in law
h.
suits or counter suits while acting in an official capacity. In this
case, the legal services rendered included the defense of Mayor Forster
who was one of the several defendants named in a counter suit by members
of the Board of Supervisors during the contested appointments of LAFCO
members in August, 1971. The City's share of legal costs was itemized
as $768.70, with a credit for a partial payment of $265. Councilman
Thorpe moved to authorize payment of the balance of the City's share of
above expenses in the amount of $503.70, to be taken out of the City
Council's budget. Motion duly seconded and carried by unanimous vote.
So ordered,
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2, The list of demands was presented from the Finance Director.
Councilman Thorpe moved that warrant numbers 6707 through 6766, minus
warrant No. 6716, for a total amount of $70,601.23 be paid. Motion
seconded by Councilman Chermak and carried unanimously. So ordered.
COUNCIL REMARKS
Councilman Bathgate
KHJ-TV Editorial item entitled "Who Pays Taxes", was misdirected
in laying blame on City Councils. He felt it is the Tax Assessor's
responsibility, not councils', to provide tax assessment equity.
Councilman Gammell
Pleased with "No Smoking" resolution,
Councilman Thorpe
Read newspaper article regarding additional capacity to the treat-
ment plant. Director of Public Works to report at next regular meeting.
Mayor Forster -
1, Read newspaper item entitled "Massive Mobilehome Subdivision
Planned for San Juan Valley". After discussion, Councilman Thorpe moved
to authorize staff to poll and represent Council's position to the County
on this matter. Seconded by Mayor Forster and carried unanimously,
2. Asked that Diehl, Evans & Company report (an informational
item) be brought back as an agenda item at the next regular meeting.
ADJOURNMENT
The meeting adjourned at 9:30 PM to an Executive Session. The
City Council reconvened at 10:12 PM.
On a motion by Councilman Thorpe, seconded by Councilman Gammell,
the 24th and 31st of December 1971 were proclaimed Holidays and the city
offices are to be closed. Unanimously approved.
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On motion by Councilman Bathgate, seconded by Councilman Thorpe,
staff recommendations of an accelerated pay step increase from Range
24, Step 2 to Range 24, Step 3 for Phillip Schwartze, Assistant Planner,
was unanimously approved effective January 1, 1972.
The Council meeting adjourned at 10:14 PM.
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Leontine Vallavanti
Deputy City Clerk
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