72-0110_CC_Minutes_Regular Meeting22
January 10, 1972
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:22 PM by Mayor Forster. The delay was due to a Water Board meeting
held previously.
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 December 27, 1971 were
approved with addition of amount owed for Vermeulen right of way agree-
ments.
Councilman Bathgate, seconded by Councilman Gammell, moved that
all resolutions and ordinances for this meeting be read by title only.
Carried unanimously.
The City Manager at this time introduced Mr. Joe McKeown, the
city's new Director of Public Safety, who took office January 1, 1972.
CONSENT CALENDAR MATTERS
Application for canvassing or soliciting received from E -Z Gleam
Company for sale of polishing and cleaning materials. As Ordinance No.
171 prohibits this type of soliciting without express Council consent,
Councilman Chermak moved that request be denied. Seconded by Councilman
Gammell and carried unanimously.
BIDS, CONTRACTS, AGREEMENTS
Memo received from Director of Public Works stating Environmental
Protection Agency is offering a grant to the City in the amount of
$1,206,090 for expansion of the Water Quality Control facility and re-
quested he be authorized to sign and accept said offer on behalf of the
City. Councilman Bathgate, seconded by Councilman Thorpe, moved that
Resolution No. 72-1-10-1 be drawn authorizing execution of Offer and
Acceptance of Federal Grant by Director of Public Works, T. J. Meadows.
Passed, approved and adopted unanimously.
ORDINANCES, RESOLUTION, PROCLAMATIONS
1. Memorandum from City Manager explaining general rules and con-
ditions for local use of utility funds reserved for undergrounding exist-
ing overhead lines. Councilman Thorpe, seconded by Councilman Bathgate,
moved for adoption of Resolution No. 72-1-10-2 requesting SDG&E to trans-
fer undergrounding funds to the proposed 1911 Improvement District for
Camino Capistrano extending from Oso Road to Ortega Highway. Passed,
approved and adopted by unanimous vote.
2. Memorandum from City Manager outlining various procedures for
conducting the 1972 Councilmanic Election. Resolution No. 72-1-10-3,
requesting the Board of Supervisors to permit the Registrar of Voters
of Orange County to render specified services to the City of San Juan
Capistrano relating to the conduct of a General Municipal Election to
be held in said City on April 11, 1972, was offered by motion of Council-
man Thorpe, seconded by Councilman Gammell. Roll Call vote: Ayes:
Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. Noes: None
Absent: None JAA'10 7972
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3. Resolution calling and giving notice of holding General
Municipal Election transferred to item under Parks & Recreation Com-
mission Matters in order to obtain correct title of ballot Measure.
SUBDIVISIONS, ANNEXATIONS
City Engineer, Jack Y. Kubota, gave presentation with regard to
Final Tract Maps 7541 and 7542 (South Coast Development Company).
(a) Tract 7541 - Subdivision agreements for public improvements
amounting to $196,800 for streets, storm drains and sanitary sewers have
been executed. Cash payment in the amount of $23,674 received covering
contract administration, sewer connection fees, drainage fees and other
miscellaneous fees. Recommended conditional approval subject to final
Engineering review. Councilman Bathgate, seconded by Councilman Chermak,
moved to so approve. Carried unanimously.
City Engineer is also in receipt of three easement deeds for
sanitary sewer, storm drain and public street purposes. These easements
are necessary to connect new public streets to existing streets. Council-
man Bathgate, seconded by Councilman Thorpe, moved that City Engineer
be authorized to execute said deeds for recordation. Carried unanimously.
(b) Tract 7542 - Total amount for public improvements estimated
at $26,500 and agreement and bonds have been executed covering that
amount. Cash payment of $12,834 received covering contract administration,
sewer connection, drainage and miscellaneous fees. Recommended condi-
tional acceptance of Tract Map for final review and approval. Council-
man Bathgate so moved. Seconded by Councilman Thorpe and carried by
unanimous vote.
WRITTEN COMMUNICATIONS
1. As follow up on correspondence, Mr. Robert Adams, representing
Straub Distributing Company, appeared before Council making an appeal
for reduction in sewer connection fees for new building in industrial
complex. After considerable discussion, Councilman Chermak moved that
request be denied and formula for setting fees adhered to. Motion
seconded by Councilman Bathgate and carried by unanimous vote.
2. Request from Saddleback Valley News for non-exclusive franchise
for distribution of handbills. Mr. Carlton J. Smith, President, Birchall,
Smith & Weiner, Inc., publishers, spoke before Council stating they would
be willing to abide by all conditions set forth in Ordinance No. 187.
Councilman Thorpe moved for first reading of proposed Ordinance No. 188
granting a non-exclusive franchise and establishing conditions for distri-
bution of handbills, by title only. Motion seconded by Councilman Gammell
and carried by unanimous vote.
3. Resolution presented from Alliance of Homeowner Associations
of San Juan Capistrano (AHA) regarding development moratorium, General
Plan study and related items. Mr. Robert C. McCollum, Chairman, addressed
Council and stated that this group is made up of members from the follow-
ing homeowners' associations: Mission Hills Ranch, Casitas #1-2-3, Casas
Capistrano, San Juan Terrace, San Juan Capistrano Community Association
(Troy Homes), San Juan Hills #1, and three other associations. Mr. Frank
Putman also appeared. The following requests were then made:
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(a) Council send a delegate to the Board of Supervisors' meeting
regarding Rancho Capistrano asking them to hold in abeyance the proposed
mobilehome park; (b) Zoning reversion on proposed Pacesetter development
on Ortega Highway; and (3) holding of a special meeting with Council to
further discuss development problems.
Mayor Forster then asked for Council discussion relative to the
AHA Resolution. Council individually presented their personal views to
a responsive, capacity audience.
As requested, a special meeting date was set with representatives
of AHA for January 19, 1972 at the hour of 7:30 PM in the Council
Chambers.
4. Request from Supervisor Battin that the City indicate its
intent to participate with the Orange County Housing Authority in solu-
tions to housing problems. Councilman Chermak moved that the City de-
cline to participate at the present time. Motion seconded by Councilman
Bathgate and carried by 4 to 1 vote, Councilman Thorpe voting "No".
ADMINISTRATIVE
1. Council set January 19, 1972 at 6:30 PM as the meeting date
for discussion on proposed Program Budgeting and personnel study.
2. Council review of proposed Conservation Element - Economic
Impact Study. Council concurred that Robert Johns, Director of Plan-
ning, develop the Conservation Element by July 1, 1972, and that an
Urban Economist position be established. Councilman Thorpe, seconded
by Councilman Chermak, moved that City Manager be authorized to apply
for Public Employment Program (PEP) funds for the hiring of an Urban
Economist for the City's Planning Department. Carried by unanimous
vote.
3. City Engineer gave progress report with regard to the vacation
of portions of San Juan Creek Road and Ganado Drive. Dr. Little will
proceed with necessary requirements and agreed to reimburse the city
for legal fees, advertising and preparation of necessary documents. City
Engineer to gather data and City Attorney requested to prepare Resolution
of Intention and set public hearing date.
4. City Engineer in receipt of Irrevocable Offers to Convey Ease-
ment from Richard L. & Carol A. McMechan (DOL 70 -105 -Parcel A) and Wm.
Soka Fukuda, Sr. & Rose C. Fukuda (DOL 70 -105 -Parcel B) and recommended
acceptance by City. Councilman Thorpe, seconded by Councilman Bathgate,
moved for acceptance and recordation. Carried by unanimous vote.
PLANNING COMMISSION MATTERS
Re: Rancho Capistrano PC Development - Planning Commission recom-
mended that Council appoint a representative to attend public hearing
to be held by Orange County Board of Supervisors and that he be empowered
to inform the Board of the policies of the City of San Juan Capistrano
regarding mobilehome parks. Further, that if mobilehome subdivisions
are to be allowed, that standards of development and all public improve-
ments be built to City design standards.
Councilman Chermak moved that recommendation of the Planning
Commission be upheld and the Mayor be designated as the City's repre-
sentative in this matter. Seconded by Councilman Bathgate and carried
by unanimous vote.
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PARKS & RECREATION COMMISSION MATTERS
1. Commission's report and recommendation on possible Parks Tax
Rate presented for Council decision. Council concurred that the question
of a proposed tax rate for park sites should appear on the April 11th
ballot as a Measure. Councilman Chermak therefore moved to offer
Resolution No. 72-1-10-4, "Resolution of the City Council of the City of
San Juan Capistrano, California, calling and giving notice of the holding
of a General Municipal Election to be held in said City on Tuesday, the
11th day of April, 1972, for the election of certain officers of said
City as required by the provisions of the laws of the State of California
relating to General Law Cities and for the submission to the qualified
electors of said City of a certain question, proposition or measure
relating to the authorization of a separate tax rate for the maintenance,
operation and improvement of public park sites"; the Measure to read,
"Shall the City Council of San Juan Capistrano, as authorized by Section
5304 of the Public Resources Code, adopt a separate and additional tax
rate of 20 cents per $100 assessed valuation for the maintenance, oper-
ation and improvements of public park sites?" Motion seconded by
Councilman Bathgate. Resolution passed, approved and adopted by
unanimous vote.
2. Memorandum from Dennis Paquin, Chairman, Parks & Recreation
Commission, recommending that the firm named Recreation Land Planners,
Placentia, California, be retained as park design consultants. Upon
motion of Councilman Bathgate, seconded by Councilman Chermak and carry-
ing by unanimous vote, the recommendation of the Commission was upheld.
Mr. Paul Saito of that firm was then introduced.
WARRANTS
The list of demands was presented for Council consideration.
Councilman Thorpe, seconded by Councilman Bathgate, moved that warrant
numbers 6805 through 6838, inclusive, in the total amount of $62,735.15
be paid. Motion carried unanimously and was so ordered.
COUNCIL REMARKS
Councilman Thorpe asked that maps be returned to bulletin boards
in Council Chambers.
ADJOURNMENT
Council was invited to attend Town Hall type meeting with Capistrano
Beach Chamber of Commerce in regard to the Capistrano Beach - Dana Point
Annexation Study, Thursday, January 20th at 8:00 PM in the CUSD auditorium.
There being no further business, the meeting adjourned at 11:15 PM
to Wednesday, January 19, 1972 at 6:30 PM for a session regarding Program
Budgeting and personnel study, followed by meeting with/ members of AHA.
Leontine Vallavanti
Deputy City Clerk
JAN 101972