72-0214_CC_Minutes_Regular Meeting02
February 14, 1972
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:47 PM by Mayor Forster. The late hour was due to a previous meeting
held by the Water Board and a presentation on National Flood Insurance
Program for the City of San Juan Capistrano by Mr. Leon Chickerneo of
the Department of Housing and Urban Development.
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 adjourned regular meeting of January 19th
and the regular meeting of January 24, 1972 were approved as presented.
CONSENT CALENDAR MATTERS
The following requests appeared on the agenda as Consent Calendar
Matters: (a) Neighbor -to -Neighbor solicitation of funds for the American
Cancer Society during the month of April; (b) Current Fund Drive for
Louella (Chica) Olivares, injured in an automobile accident; and (c)
Annual Cookie Sale by Girl Scout Council of Orange County, March 3-13
and April 14-24, 1972. Councilman Thorpe, seconded by Councilman Chermak,
moved that requests be honored. Motion carried unanimously.
PUBLIC HEARINGS
1. Proposed Vacation of Portions of Ganado Road and San Juan
Creek Road - City Engineer made presentation and stated public travel
not now possible on either reach of road due to removal of bridge. He
recommended that upon conclusion of testimony, and if found to be in
the public interest, that that portion of San Juan Creek Road now cross-
ing the E. J. Little property may be vacated upon receipt of dedication
of 52 feet for the new San Juan Creek Road.
Mayor Forster opened public hearing and asked if anyone wished to
speak in favor of the proposal.
Dr. Earl Little, property owner, stated that bridge abandonment
had changed the character of the property and he wished to know what
is to take place so he can plan ultimate use of the property.
The Mayor asked if anyone wished to speak in opposition to the
abandonment. No one appeared.
City Engineer read into the record a letter from Pacific Telephone
Company stating they have no facilities affected by the abandonment.
Dr. Little offered 52 foot right of way when vacation becomes
effective. Councilman Chermak then moved for adoption of intent to
vacate upon receipt of easement deed. Motion seconded by Councilman
Thorpe and carried by unanimous vote.
City Engineer to contact adjacent property owner, Durand A.
Holladay, Trustee for Continental Mortgage Investors, who may also wish
to participate in vacation action.
Chair continued public hearing until March 27, 1972
2. City Engineer presented Exhibit Map of proposed changes to
the Drainage Element of the Master Plan and stated a savings of
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approximately $400,000 may be derived from the proposed modifications,
and recommended their adoption. Councilman Bathgate asked if there would
be an adjustment in drainage fees. Answer was negative.
Mayor Forster opened public hearing and asked if anyone wished
to speak in favor of revised General Element. No one appeared to speak
in favor of nor opposition to revision. Public hearing closed.
The Mayor asked City Manager to determine source of authorization
for revision of said Drainage Plan and retention of Lowry Engineering-
Science for work done on the plan in the amount of $3,663.00.
Councilman Thorpe moved to adopt resolution for Amendment No. 1
to the Master Plan of Drainage. Seconded by Councilman Gammell. Reso-
lution No. 72-2-14-1 passed, approved and adopted by unanimous vote.
3. Appeal of Planning Commission denial of Tentative Tract 6305
(Pacesetter Development Company_ - Mayor Forster opened public hearing
and asked appellants to speak. Mr. Everett Davis, Jr., one of the pro-
perty owners, took the floor stating they took title to the property in
question in 1961 and that annual taxes had increased since that time
from some $589 to $29,141, and $48,000 worth of sewer bonds had been
levied on said property. Mr. Davis said he was pleased when Pacesetters
entered into a purchase agreement and is very pleased with the rezone.
He asked that Council approve Tract Map with such conditions deemed
adviseable.
Mr. John Klug, subdivider, then addressed Council reiterating past
Planning Commission action and appealing to Council the need for medium
priced housing in the community. He showed two models of the property
in its natural form and as they proposed to develop it, leaving the
ground as natural as possible by following the contour of the terrain.
He felt the development would be an asset to the City.
Mr. Coy Hester, representing Mrs. Jordan, adjacent property owner,
stated he was very much in favor of the project. Mr. Kenneth Hawkins
said he also felt the development would be an asset to the whole area.
No one appeared to speak in opposition to the Tentative Tract Map
and the Mayor closed public hearing reserving the right to reopen at
any time.
Lengthy discussion ensued, ending in a motion by Councilman Chermak
that the Planning Commission be instructed to work with staff to prepare
adequate conditions to be presented to Council in the most expeditious
manner possible. Motion seconded by Councilman Bathgate and carried
unanimously. Mayor Forster reopened public hearing and continued it
to March 13, 1972.
4. Request from Planning Commission to set public hearing for
RZ 72-103 (Goya) from U-1, "Unclassified", and C-1, "Local Business",
to C-1, "Local Business", R-2, "Two-Family Residence", and R-3, "Multiple
Family and Apartment". Mayor Forster set public hearing date for February
28, 1972.
(Ten Minute Recess)
BIDS, CONTRACTS, AGREEMENTS
1. The matter of Plans and Specifications for intersection signal-
ization was deferred at the request of staff.
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2. The item of informal proposals for Council Chamber public
address system was continued to February 23rd.
3. Change Order #1, Del Obispo Street Project, AHFP #540 -
Correspondence received from City Engineer and Director of Public Works
recommending Change Order #1 in the amount of $18,307.75. Councilman
Thorpe moved to approve as presented. Motion seconded by Councilman
Gammell and carried by unanimous vote. So ordered.
4. Change Order #2, Treatment Plant Expansion - Director of
Public Works presented memorandum recommending that (a) Lowry Engineer-
ing -Science be authorized to prepare plans and specifications for the
3.0 mgd plant expansion subject to the terms of the existing contract,
and (b) Council authorize Change Order #2 in the amount of $3,582.00.
Mr. Meadows explained to Council S E R R A's preliminary plans to
provide regional waste water treatment for its member areas and stated
current plans include acquisition of San Juan Capistrano's plant.
Councilman Thorpe moved to approve recommendations. Seconded by Council-
man Bathgate and carried by unanimous vote. So ordered.
5. Lease Agreement for Department of Public Safety Vehicle -
Item continued to February 23rd.
ORDINANCES RESOLUTIONS, PROCLAMATIONS
1. As follow up discussion on proposed Ordinance No. 188 (Saddle-
back Valley News), the constitutionality of City's Ordinance No. 22
(Handbills) was questioned by City Attorney and City Manager. It was
their recommendation that staff investigate additional means of control-
ling handbill distribution. Motion by Councilman Bathgate, seconded
by Councilman Thorpe, to uphold said recommendations unanimously carried.
2. At the request of San Juan Beautiful Committee, Mayor Forster
proclaimed Saturday, April 29, 1972 as "Arbor Day".
3. Proposed Personnel Ordinance and Resolution of Rules and
Regulations - City Manager to review CPS study relative to recommend-
ations of the Water Advisory Board concerning Water District's proposed
rules, and bring back at a later meeting.
SUBDIVISIONS, ANNEXATIONS
1. Memorandum from City Engineer stating all public improvements
have been constructed in accordance with plans and specifications of
the City for Tract 6141 (Belinda Co.), and recommending authorization
for exoneration of surety bonds for street improvements, sanitary sewer
system, street lighting system and monumentation. Councilman Bathgate,
seconded by Councilman Thorpe, moved for adoption of Resolution No.
72-2-14-2, accepting public improvements and exonerating bonds thereon.
Adopted by unanimous vote. City Engineer also recommended exoneration
of surety bond for reconstruction of sidewalks in Troy Homes "model
home" area (Tract 5702 - Portion of Tentative Map 4550, Belinda Co.).
Councilman Bathgate, seconded by Councilman Thorpe, moved to introduce
Resolution No. 72-2-14-3, accepting certain public improvements and
exonerating bond thereon. Adopted unanimously.
2. Offer to dedicate park site (Tentative Tract Map 5592 - Lucas) -
Assistant Planner made presentation showing proposed park site. Mr.
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Bob Maurer, partner of Mr. Lucas, spoke before Council stating he
thought it was a generous offer and ties in with the Master Plan.
Council concurred that the Map should go before the Parks & Recreation
Commission for suggestions on park development. Dennis Paquin, Chair-
man of the Parks & Rec Commission, offered to set a special meeting to
discuss this matter. Councilman Thorpe then moved for acceptance of
the proposed park site dedication. Seconded by Councilman Bathgate and
carried, Mayor Forster abstaining. City Manager was instructed to meet
with Parks & Rec Commission and report actions to Council.
WRITTEN COMMUNICATIONS
1. The request from First Presbyterian Church of Fullerton to
discuss Orange County Housing Authority was continued to the adjourned
regular meeting of February 23rd. With regard to correspondence from
Orange County Planning Department notifying the extension to March 10th
for city responses to join County Housing Authority, Council concurred
that more legal information be forthcoming before passage of a resolu-
tion authorizing Housing Authority of Orange County to operate its
housing program in the City.
2. Appeal of Planning Commission requirements for construction
of automobile agency, 33379 Camino Capistrano. City Engineer made pre-
sentation showing street improvement requirements in accordance with
City Zoning Ordinance. Mr. Bernard Syfan addressed Council and showed
drawings pointing out several alternates and asked Council direction.
Discussion ensued, and City Engineer was directed to meet with Mr. Syfan
to work out arrangements to bring back to Council for action.
ADMINISTRATIVE
1. Report received from Director of Public Safety relating to
animal control problems. It appears that the County Animal Control
office is grossly understaffed. Councilman Thorpe moved to direct
staff to pursue all areas to improve animal control. Seconded by Council-
man Chermak and carried unanimously.
2. Designation of Ortega Highway as a scenic corridor. This item
continued to February 23rd.
3. Director of Public Safety submitted report on health and
safety factors in the vicinity of Alipaz and del Avion. Council was
shown photographs taken in the bamboo area giving evidence of illicit
activities. Councilman Bathgate moved that the area be abated immediately
and the property owner be advised. Seconded by Councilman Thorpe and
carried by 4 to 1 vote, Councilman Gammell voting "No".
4. Request from Finance Department for transfer of funds from
contingency reserve fund to various salary accounts for salary increases
granted by Council. Moved by Councilman Chermak and seconded by Mayor
Forster to approve request. Carried unanimously.
5. Item re: Underground Utility District No. 2 from the Ortega
Highway North on Camino Capistrano to Oso Road. Petitions will be
received at the next regular meeting. Councilman Bathgate moved for the
introduction of a resolution of intention. Seconded by Councilman Thorpe.
Resolution No. 72-2-14-4, a resolution of the City Council of the City
of San Juan Capistrano declaring its intention to create an Underground-
ing Utility District, was unanimously adopted.
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PLANNING COMMISSION MATTERS
1. A Resolution of Determination of Use regarding service
stations was presented from the Planning Department for Council review
and acceptance. This item was continued.
PARKS & RECREATION COMMISSION MATTERS
1. Parks & Recreation Commission's written Argument for Parks
Tax Rate - Two suggested Arguments were presented. Councilman Thorpe
moved to approve Argument as modified. Motion seconded by Councilman
Gammell and carried by 3 to 2 vote, Councilmen Bathgate and Chermak
voting "No".in preference of the first Argument submitted by the Parks
& Rec Commission. _
COMMITTEE REPORTS
Councilman Thorpe met with the Swimming Pool Committee and stated
that if the School District is willing to become involved, the issue
will come back.
WARRANTS
The list of demands was presented for Council consideration.
Councilman Thorpe moved that warrant nos. 6905 through 6969, inclusive,
in the total amount of $143,273.64 be paid. Motion seconded by Council-
man Chermak and carried by unanimous vote. So ordered.
COUNCIL REMARKS
Councilman Chermak
1. Noticed dumping on Goya property. Land Use people are to
check out.
2. Due to the cost of property, suggested city no longer view
Buchheim Field as a potential piece of city property.
3. When Goya rezone public hearing is held, will bring up a
proposition re flood plain property.
Councilman Gammell
Would like to offer resolution similar to Costa Mesa resolution
urging Pacific Telephone Company to reconsider its proposed method of
charge for business telephone service. Mayor suggested staff research
before taking steps.
Councilman Bathgate
1. Pavement chipping on Camino Capistrano in area of Trabuco
Bridge. Suggested joints be sealed.
2. Asked about resolution in response to AHA moritorium request.
Would like to extend invitation to landowners who may not be
in agreement with AHA to be given a chance to express their
views. Councilman Chermak moved to extend invitations to
interested parties in the City and the City Manager to issue
said invitations to a meeting to be held in Council Chambers
on Wednesday, February 23rd at 7:00 PM.
Mayor Forster
1. Announced that this being the hour of 12:10 AM, February 15,
1972, asked Council's pleasure regarding the Council imposed
temporary zoning moritorium and stated no action by Council
indicated moritorium was lifted. Council took no action
extending moratorium.
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2. Stated February 15th was the last day to appeal the granting
of the Tentative Tract Map (C. Michael property), After
discussion, Councilman Thorpe moved for appeal before the
Board of Supervisors on the basis of incompatability with
Capistrano Airport and sewer facilities not being available
if property is not annexed to the City. Seconded by Mayor
Forster and carried unanimously.
3, Rancho Capistrano public hearing before the Board of Super-
visors Wednesday, February 16th at 9:45 AM.
4. Asked City Manager to submit report relative to expenses of
Drainage Plan study being incurred without Council authori-
zation,
ADJOURNMENT
The meeting adjourned at 12:30 AM, February 15, 1972, to an
adjourned regular meeting to be held Wednesday, February 23, 1972 at
the hour of 7:00 PM, y�
— U
Leontine Vallavanti
Deputy City Clerk
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