71-1227_CC_Minutes_Regular MeetingX16
December 27, 1971
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:02 PM by Mayor Forster.
The pledge of allegiance was recited. Invocation was given by
Mr. T. J. Meadows.
Roll Call: Councilmen present: William A. Bathgate, Edward S.
Chermak, Josh Gammell, James F. Thorpe and Thomas A. Forster.
The minutes of the regular meeting of December 13, 1971 were
corrected as noted. The minutes were then approved as presented.
Councilman Bathgate moved that all resolutions and ordinances
for this meeting be read by title only. The motion was seconded by
Councilman Chermak. Carried unanimously.
PUBLIC HEARINGS
Mayor Forster announced this was the time and place for the Public
Hearing on the precise alignment of Trabuco Creek Road which had been
duly noticed and published as required by law. He then asked staff for
a presentation. City Engineer stated the proposed precise alignment
as portrayed on the map before City Council had been approved by the
State Division of Highways and the Orange County Flood Control District.
Mayor Forster then opened the public hearing and asked that anyone who
supported the precise alignment to address Council. Mr. Rob Partin,
Vice President of South Coast Development Corporation, stated their
company was in favor of the precise alignment. No one else appearing
to speak in favor of the precise alignment, Mayor Forster then asked
if there were persons present who objected to the precise alignment.
Mr. Gordon Reinhart addressed Council stating that while he did not
object to the precise alignment of Trabuco Creek Road, he wished an
opportunity at this time to review the map since he understood some
changes had been made in the alignment from when he last saw it.
Following his review, he stated he did not object to the precise align-
ment but wished assurance that he would have adequate ingress and egress
when Trabuco Creek Road was constructed and Rosenbaum Road vacated.
On being questioned by the City Council, the City Engineer advised
that it is common practice in any road abandonment proceedings to insure
continued access by property owners to a public street. There being no
other persons to speak in favor or opposition to the proposed alignment, —
Mayor Forster closed the public hearing. Councilman Thorpe moved for
adoption of a resolution approving the precise alignment of Trabuco
Creek Road, seconded by Councilman Gammell. Ayes: Councilmen: Thorpe,
Gammell, Bathgate, Chermak and Forster. Noes: None Absent: None
Resolution No. 71-12-27-1 passed, approved and adopted unanimously.
BIDS, CONTRACTS, AGREEMENTS
The Director of Public Works presented a proposed agreement
between the City of San Juan Capistrano and the State of California,
Department of Parks & Recreation re: outfall sewer easement. Council-
man Thorpe moved to adopt a resolution accepting the agreement. Second-
ed by Councilman Bathgate. Ayes: Councilmen: Thorpe, Bathgate,
Chermak, Gammell and Forster. Noes: None Absent: None Resolution
No. 71-12-27-2 passed, approved and adopted unanimously.
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ORDINANCES, RESOLUTIONS, PROCLAMATIONS
1, The request for a Council resolution supporting a special tax
district for aquatic facilities was postponed to a later time on the
agenda when all proponents were present.
2. The City Engineer's staff presented proposals to include cur-
rently budgeted street improvements in 1972-73 AHFP Projects. Council
discussed the proposals at length and selected the following projects
to be submitted for AHFP financing in fiscal 1972-73:
Del Obispo Street - Trabuco Creek Bridge to railroad crossing,
Resolution No. 71-12-27-3 moved for adoption by Councilman Thorpe,
seconded by Councilman Bathgate. Passed, approved and adopted by a
unanimous vote.
Camino Capistrano from Ortega Highway to Oso Road. Resolution No.
71-12-27-4 moved for adoption by Councilman Thorpe, seconded by Council-
man Bathgate. Passed, approved and adopted by unanimous vote.
Alipaz Street. Resolution No. 71-12-27-5 moved for adoption by
Councilman Thorpe, seconded by Councilman Bathgate. Passed, approved
and adopted unanimously.
Camino Del Avion. Resolution No. 71-12-27-6 moved for adoption
by Councilman Thorpe, seconded by Councilman Bathgate. Passed, approved
and adopted unanimously.
Reconstruction and widening of Trabuco Creek Bridge at Del Obispo.
Resolution No. 71-12-27-7 moved for adoption by Mayor Forster, seconded
by Councilman Chermak and unanimously passed, approved and adopted.
Mayor Forster then returned to Item H-1 of the Agenda, Special Tax
District for Aquatic Facilities. The Mayor recognized Mr. Rod Craig of
the San Clemente Aquatic Association who introduced Mr. Bruce Deacon
as the spokesman for his group. Mr. Deacon described the need for swim-
ming pool facilities in the area and his Association's proposals for
a County -wide special tax district to finance construction. Following
a thorough discussion by the City Council on the merits of financing
swimming facilities by special tax rates versus existing school district
funds, Mayor Forster, with Council consent, appointed Councilman Thorpe
to represent the City in meetings with representatives of the City of
San Clemente and the Capistrano Unified Schools. The Mayor requested
that specific information be developed on the design, cost, maintenance
and use of the pools as well as sources of financing. Councilman Thorpe
to report back to Council at a later date.
SUBDIVISIONS, ANNEXATIONS
1. The conditional approval of final Tract Map 7541 and 7542
(Village San Juan) was tabled indefinitely at the request of the developer.
2. Tract Map 7561 from Bauer Development Corporation (Harbor Lane
Homes) was presented to Council for its approval and recordation. The
Director of Public Works stated for the record the Water District Board
of Directors approved this Tract Map earlier in the evening. City Engineer
advised Council the requirements for tract map approval had been completed
with the exception of the Planning Commission's formal approval of con-
ditions, covenants and restrictions. Engineer further stated tract map
approval should include acceptance of an agreement and faithful perform-
ance bond in the amount of $171,004.00 for required public improvements.
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Agreement was presented for Council review and Mayor's signature.
Councilman Gammell moved to offer Resolution No. 71-12-27-8 accepting
Tract Map 7561 for recordation and authorizing Mayor to sign agreement
for required public improvements subject to Planning Commission approval
of CC&R's. Seconded by Councilman Thorpe. Resolution passed, approved
and adopted by unanimous vote.
COMMUNICATIONS (WRITTEN)
City Council reviewed a request from Mr. Glen Olsen representing
San Juan Capistrano Cub Scout Pack 13 for use of City -owned structure
located on North Camino Capistrano. Mr. Olsen's request stated building
referred to as the "Round House" would be used for occasional cub scout
meetings, a trophy and awards display area and equipment storage. He
further stated, if given for cub scout use, the building would be avail-
able for community promotional activities. Mayor Forster referred this
request to staff for investigation and report in January.
ADMINISTRATIVE
1. Proposed amendment to the contract for engineering services
between the City and Jack Y. Kubota was presented for Council review.
It was moved by Councilman Chermak to adopt Resolution No. 71-12-27-9
to amend the existing agreement recognizing the newly organized firm
of Woodside -Kubota & Associates, Inc, as the principle for engineering
services to the City. Seconded by Councilman Bathgate. Passed, approved
and adopted by unanimous vote. City Engineer stated there would be no
change in current staff arrangements and that he would continue to serve
at the City's pleasure as City Engineer.
PLANNING COMMISSION MATTERS
1. The City Council received a recommendation from the Planning
Commission to expand road abandonment hearings on Ganado Drive per the
request of Earl J. Little. Staff explained the relationship of San
Juan Creek Road and Ganado Drive to various property ownerships in the
vicinity. Council concluded the topic was sufficiently involved to re-
quire a written report from staff on January 10, 1972 prior to establish-
ing a date for a public hearing. Mayor Forster directed staff to make
such a report.
PARKS & RECREATION COMMISSION MATTERS
1. Phillip Schwartze, Secretary to the Parks & Recreation Com-
mission, requested the Commission's report on community response to a
proposed parks tax rate be postponed to the January 10th Council meeting.
In response to a question from Mayor Forster, the Secretary stated it
appeared from the responses received from community organizations that
a majority of those responding would support an additional tax rate for
park and maintenance operation. In laying the topic over to the January
10th Council meeting, the Mayor requested that election calendars be
reviewed to establish deadlines for official Council action on placing
the tax rate on the April 11, 1972 ballot.
2. Parks & Recreation Commission Secretary advised Council West-
port Development Corporation was agreeable to a revised construction
sequence on Serra Park. The revised approach would provide complete
irrigation system and turfing for the entire park rather than fully
developing a portion of the park at selected intervals. While the cost
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for complete irrigation and turfing would cost approximately $10,000
more than budgeted for the first year, the advantages of this approach
would result in an approximate $5,000 savings in total development cost.
Council directed staff to prepare alternate specifications for bidding
the park construction in staged and phased development. Specifications
to be submitted for Council approval at a future meeting,
COMMITTEE REPORTS
Mayor Forster asked if there were any committee reports forthcoming
from Councilmen. Councilman Chermak said while he had no formal report,
he felt it was time to reactivate the parking committee because of the
widespread parking violations and abuse to parking control signs in the
Airport Industrial tract, The City Manager was directed to determine
what additional controls or demarcation were needed for police enforce-
ment of no parking restrictions on Calle Perfecto. It was also suggested
that representatives of industrial concerns in the area be contacted for
additional discussion on the problem,
STAFF REPORTS
City Treasurer - Alice M. Ross
The City Treasurer's report was received and ordered filed.
City Engineer - Jack Y. Kubota
1, In reviewing the City Engineer's report, Councilman Thorpe
expressed concern over the difficulties motorists were experiencing in
being diverted on Alipaz and Del Avion since Del Obispo was under con-
struction. He suggested that traffic should be given alternate routes at
the intersection of Camino Capistrano and the Coast Highway with Del Obispo,
2. City Engineer, under his report, also presented Council with
right of way documents from Capistrano Valley Southern Baptist Church and
Charles Vermeulen in connection with Del Obispo Road construction, The
FEngineer advised Council that compensation requested for Mr, Vermeulen
]in the amount of $16,500 for the right of way was a compromise settlement
very close to the independent appraisal obtained by the City and appeared
to be fair. Following Council discussion on the advisability of pro-
tecting the City from any possible future liability concerning private
sewer systems in the vicinity of the right of way, it was determined on
a motion by Councilman Thorpe, seconded by Councilman Chermak, to author-
ize acceptance and payment for the deeds with conditions as presented.
Unanimously carried.
Director of Finance - Paul P. Lew
The recent annual audit report from Diehl, Evans and Company was
discussed. Staff informed Council of ongoing financial controls and
procedures, and no immediate action was determined to be necessary on
any of the auditor's suggestions.
Director of Planning - Robert K. Johns
Monthly report of activities was received and ordered filed.
Director of Public Works - T. J. Meadows
1. The monthly report of the Director of Public Works was dis-
cussed by Council. The Director, in his report, requested authority
as the City's representative on federal grants for waste water treat-
ment to apply for additional funds for greater treatment capacity under
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the existing expansion contract. Following questions by Council, the
Director explained the current arrangement between four members of
SERRA for sharing of the increased capacity. Mr. Meadows estimated
additional funds in the amount of $800,000 would be required to increase
the capacity to 9.0 MGD which is 3.0 MGD above the design currently
under contract. He stated the Dana Point Sanitary District, which was
in need of additional capacity, was willing to deposit with the City,
as the owner of the facility, the $800,000 in order to qualify for
reimbursable funds from the Federal government. On a motion by Council-
man Bathgate, seconded by Councilman Thorpe, the Director of Public
Works was authorized to apply for additional federal funds for further
plant expansion under the present contract. Unanimously carried.
2. As another item of the Public Works monthly report, Council
reviewed the tentative plans and costs for delivering municipal water
to orange groves on the west side of Camino Capistrano in Long Park.
This project was requested by owners in the Casas Capistrano develop-
ment. Council expressed concern that any attempts to preserve the
orange trees might be futile, in that widening of Camino Capistrano
in the near future would eliminate many of the trees. Lack of property
ownership by the City at this time was also seen as a problem. Possible
contamination of working orange groves by disease and insects from
these trees was also discussed. Council directed staff to investigate
the cost of disease treatment and vector control and also to develop
alternate plant materials and design for the park in place of the
orange trees. The Atchison, Topeka & Santa Fe Railway is also to be
contacted to determine availability of abandoned siding property con-
tiguous to the park area.
3. As an additional part of his monthly report, the Director
of Public Works described a meeting with representatives from Straub
Distributing Company and the City Manager to review the company's
sewer connection fees. The Director related that staff could not
identify any unique circumstances which would qualify the firm for a
reduction from standard fees. Consensus of Council was that fees
appeared correct and if the Straub Distributing Company wished to make
an official protest, it should be brought back to Council as an agenda
item.
4. Mayor Forster then asked the Director of Public Works for a
progress report on SERRA activities. The Director described the acti-
vities and problems that SERRA faced and gave the current status of
issues before the organization at this time. The issue of the San Juan
Basin Authority, which is intended to manage all water resources in
the San Juan Basin, has been sent to a SERRA committee which is to in-
vestigate the feasibility of hiring a firm to study and define the
scope of water reclamation and related activities. Mayor Forster asked
that Council be apprised of SERRA progress periodically.
WARRANTS
1. On a motion by Councilman Thorpe, seconded by Councilman
Chermak, warrants 6767 through 6804, inclusive, in the total amount
of $196,220.48 were approved for payment. Carried unanimously.
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2. In response to a question from Council regarding a warrant
item for railroad crossing warning equipment at Oso Road, staff
explained that the total amount of $16,321.33 would be offset by a
payment of approximately $14,000 from Westport Development Company.
COUNCIL REMARKS
Councilman Thorpe
1. Councilman Thorpe requested a communication from the City
Manager discussing program budget formats be placed as an agenda item
in the near future.
2. Councilman Thorpe also requested Council authorization for
reimbursement of his expenses in attending a University of California
course on housing including registration fees and mileage. On a motion
by Mayor Forster, seconded by Councilman Gammell, this expense was
approved. Unanimously carried.
Mayor Forster
Mayor Forster supported Councilman Thorpe's request that suggested
changes in budget format be brought back on the agenda at a later
meeting.
City Manager distributed suggested personnel rules and regula-
tions prepared by Cooperative Personnel Services of the State Personnel
Board and requested the Council's early reaction. An outline of changes
in rules and regulations from those presently used by the City would
be forthcoming.
ADJOURNMENT
Council meeting adjourned to an Executive Session at 11:04 PM.
Council reconvened from this session at 11:09 PM. Moved by Councilman
Chermak, seconded by Councilman Thorpe, that Richard Carl Blaschke,
Elmer L. Christiansen, Dr. John N. Given, Charles V. Neal, Robert W.
Olson, Walter B. Pennington, B. E. Swartout, Chester P. Wood and Jess
Young be appointed to the City's newly formed Capital Improvements
Committee.
During discussion on the motion, the Council determined that the
newly appointed Capital Improvements Committee should make every effort
to gain any advice and information from all elements of the community
and particularly to invite various utility managers to meetings of the
committee.
Council adjourned at 11:13 PM.
Respectfully submitted,
Donald G. Weidner
City Clerk
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