72-0228_CC_Minutes_Regular Meeting141
February 28, 1972
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:01 PM by Mayor Pro -Tem Bathgate.
The pledge of allegiance was recited. Invocation was given by
Councilman Thorpe.
The Deputy City Clerk called the roll. Councilmen present:
William A. Bathgate, Edward S. Chermak, Josh Gammell and James F. Thorpe.
Absent: Thomas A. Forster (excused).
The minutes of the regular meeting of February 14, 1972 were
approved as presented.
Councilman Thorpe, seconded by Councilman Chermak, moved that all
ordinances and resolutions for this meeting be read by title only. Carried
unanimously.
PUBLIC HEARINGS
1. 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 & Apartment" - The Assistant Planner explained
proposed rezone and stated Planning Commission had previously approved
this item. Mayor Pro -Tem opened public hearing at this time and asked
if anyone wished to speak in favor of the proposed rezone.
Mr. Bill Diehl, Christiansen & Associates, engineers for the
applicant, made presentation and stated they felt proposed zoning met
requirements of the General Plan and conformed with the character of
zoning in the area.
Mr. Coy Hester, representing Mrs. Jordan, adjacent property owner,
stated he wished to go on record as being in favor of this rezone.
Mr. Ben Michalec, representative of property owner adjacent to
Goya property, stated they were highly in favor of rezone.
Chair asked if anyone wished to speak in opposition to rezone.
Mr. James Weathers stated he was not opposed to development of property,
but expressed concern regarding accomodation of increased traffic on
Ortega Highway. Mayor Pro -Tem Bathgate commented that widening of high-
way was not a requirement for a zoning action but would be given attention
when actual development of property transpires.
Hearing no more opponents, public hearing was declared closed with
option to reopen if deemed necessary. Discussion ensued with regard to
best use of land and possible realignment of Ortega Highway. City Engineer
will be meeting with officials of State Highway Department and will report
any further action. Mr. Christiansen also stated he would welcome an
opportunity to discuss flood plain zoning with Council.
Upon these premises, Councilman Gammell moved to hold item over to
the next regular meeting. Seconded by Councilman Thorpe and carried
unanimously. Chair reopened public hearing and continued to meeting of
March 13, 1972.
2. Request received from Pacific Drive -In Theatres Corp. for hold-
ing of Arts & Crafts Show. Councilman Thorpe moved to set public hearing
on request for March 13, 1972. Seconded by Councilman Gammell and
carried unanimously. FEB 281972
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3. RZ 72-104 (Boston), proposed rezone from U-1, "Unclassified",
to C -2-A, "Restricted General Business" - Councilman Chermak moved to
set: public hearing for March 13, 1972. Seconded by Councilman Thorpe
and carried by unanimous vote.
4. Proposed Underground Utility District #2 - Upon recommendation
of City Attorney, Councilman Gammell, seconded by Councilman Thorpe,
moved to offer Resolution No. 72-2-28-1, setting public hearing date for
March 27, 1972 at the hour of 7:00 PM. Resolution passed, approved and
adopted unanimously.
BIDS, CONTRACTS, AGREEMENTS
1. Memorandum received from City Engineer recommending contract
for chip seal, fog seal and capping of various streets be awarded to
Griffith Company, Santa Ana, under alternate "A" for the amount of
$32,957.00. Councilman Thorpe moved to offer adoption of resolution
awarding such contract to Griffith Company. Resolution No. 72-2-28-2
unanimously passed.
2. Plans and specifications for intersection signalization, Del
Obispo and Camino Capistrano - Camino Capistrano and Ortega Highway -
Ortega Highway and E1 Camino Real, and Ortega Highway and Del Obispo -
Mr. George Madsen, City Engineer's office, made brief presentation and
stated plans and specs prepared for complete signalization at four inter-
sections and total estimate is in the amount of $72,000. Councilman
Chermak moved for adoption of a resolution approving plans and specs and
authorization to advertise for bids which would be received Wednesday,
April 5, 1972 at 11:00 AM. Motion seconded by Councilman Thorpe.
Resolution No. 72-2-28-3 passed, approved and adopted by unanimous vote.
ORDINANCES, RESOLUTIONS
1. City Engineer described program for setting up new railroad
crossing at La Zanja Street, which is required of Westport Development
Company, and asked for authorization to start formal proceedings with
the Public Utilities Commission. City Attorney read proposed resolution
entitled, "Resolution authorizing the submission of a request to the PUC
for funds from the Crossing Protection Fund for protection of crossing
No. 2 - 196.8 - La Zanja Street, at its intersection with the AT&SF Rail-
way Company and tracks". City Engineer stated developer will reimburse
City for their share of the costs. Councilman Gammell moved to offer
said resolution for adoption. Seconded by Councilman Thorpe. Resolution
No. 72-2-28-4 adopted by unanimous vote.
2. Request from Volunteer Bureau of South Orange County for a
City resolution declaring the week of April 9-15 to be Volunteer Recogni-
tion Week. Councilman Gammell moved to offer Resolution No. 72-2-28-5
honoring the request. Seconded by Councilman Thorpe. Resolution adopted
by unanimous vote.
3. City Engineer gave progress report on 1911 Act with regard to
Camino Capistrano, et al, and stated legal counsel had prepared petition
which had been circulated. Asked that a full report be postponed to the
next regular meeting when counsel for the 1911 Act will be in attendance.
In connection with these proceedings, Mr. Kubota recommended SDG&E
be authorized to perform electrical engineering services. Councilman
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Thorpe therefore offered Resolution No. 72-2-28-6, authorizing SDG&E
to perform said services. Motion seconded by Councilman Chermak and
resolution carried by unanimous vote.
Mr. Kubota then asked Council for authorization to proceed with
preliminary engineering survey in connection with the work. Councilman
Thorpe, seconded by Councilman Chermak, offered Resolution No. 72-2-28-7
authorizing City Engineer to proceed with survey. Resolution adopted by
unanimous vote.
Mayor Pro -Tem asked that the item appear on the next agenda.
4. Due to the recent demise of Mr. Frank Winterbourne, Managing
Editor and respected reporter of the Coastline Dispatch, Mayor Pro -Tem
Bathgate moved to introduce Resolution No. 72-2-28-8 offering condolences
to Mr. Winterbourne's widow and family. Motion seconded by Councilman
Gammell and resolution adopted by unanimous vote.
SUBDIVISIONS, ANNEXATIONS
L. Memo from City Manager stating LAFCO requested comment on
San Clemente's proposed Annexation No. 19. Finding no reason to dis-
approve, Councilman Gammell moved to approve said Annexation. Motion
died for lack of a second. Councilman Chermak then moved that the City
respond to LAFCO request in language outlined in City Manager's directive.
Motion seconded by Councilman Thorpe and carried unanimously.
2. Memorandum from City Engineer stating off site sewer system
had been completed on Tract 6788 (Del Obispo Investments Co.) and recom-
mending Council accept project and authorize exoneration of bond. Council-
man Thorpe, seconded by Councilman Gammell, moved for adoption of Reso-
lution No. 72-2-28-9 accepting said project and authorizing exoneration
of Bond No. 710-43-42. Adopted by unanimous vote.
ORAL COMMUNICATIONS
1. At the request of Mr. Bernard Syfan, the appeal of Planning
Commission requirements for construction of an automobile agency (Barwick
project) at 33379 Camino Capistrano, was again brought before Council.
Mr. Syfan had previously asked for Council direction. City Engineer
reported client proposed the following conditions: (a) willing to con-
struct 42' street section in conformance with City specifications; (b)
will dedicate necessary right of way for entire frontage of 400'; (c)
willing to sign an agreement obligating them to complete all improvements
within five years or tender a completion bond. City Engineer recommended
Council accept this proposal. Councilman Chermak moved that an agreement
be prepared for Council review. Motion seconded by Councilman Thorpe and
carried by unanimous vote.
2. Mr. Matthews, a local sound equipment vendor, appealed to
Council for time to submit bid for Council Chamber public address system.
Three other written proposals have been received to date. Councilman
Chermak moved to postpone item to the next regular meeting. Seconded by
Councilman Gammell and carried unanimously.
3. Mr. George Riley presented and read letter from Casas Capistrano
Association requesting that the city not remove trees in the "Long Park"
on Camino Capistrano, and that they would replace dead trees with new
ones. Chairman of the Parks & Recreation Commission requested Council
defer action of removing trees until the Commission can make a recommend-
ation for the park.
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4. Mr. Bill Zintl appeared before Council on behalf of the Troy -
Marina Homeowners Association objecting to the Bauer development in the
adjacent tract. He suggested Council direct the City Attorney to deter-
mine some way to stop further development until the time their associa-
tion is satisfied with the proposed results. After considerable discussion,
City Manager stated he and City Attorney will meet with appellants to
inform them of legal limitations.
WRITTEN COMMUNICATIONS
Correspondence received from Mr. Howard Huntington stating his
willingness to consent to the removal of bamboo grove by the City or by
outside contract and that he would agree to pay half the cost provided
the City would pay the other half.
City Attorney stated that under our present ordinances, the only
way City could clear the grove under nuisance abatement procedures,
would be on the basis of area being declared a fire hazard. City Manager
said another alternate would be to modify ordinance on an emergency basis.
Councilman Thorpe moved to instruct staff to continue negotiations
with Mr. Huntington. City Attorney is to prepare ordinance for present-
ation at the next regular meeting. Motion seconded by Councilman Chermak
and carried by unanimous vote.
ADMINISTRATIVE
City Manager presented an extensive report on events leading to
retention of Lowry Engineering -Science for study of Master Plan for
Local Drainage. Council concurred that there was no fault with activi-
ties conducted.
PLANNING COMMISSION MATTERS
1. Resolution of Planning Commission accompanying a proposed set
of by-laws for the Commission was presented for Council review and rati-
fication. Council agreed that it would be premature to take action
without study. Item carried over to next regular meeting.
2. Tract No. 7159 (Rio Vista) - Request for approval of parks
requirements per Ordinance No. 131 - Assistant Planner made presentation
and stated developer was requesting City acceptance of private park in
lieu of fees for public park. Mr. Koll, developer, stated proposed
private park is to be maintained by Homeowners Association in perpetuity.
Council consensus was that Parks & Recreation Commission be apprised of
any parks activity so they may review park sites before being brought
before Council for action. Chairman of Parks & Rec Commission concurred
and stated Commission would like to have the opportunity to review (a)
initial stage of planning, (b) Planned Community park sites (private),
and (c) in the event land has been deeded to the City, and after review,
would like to follow through to see what kind of development takes place
on the park site. City Attorney to draft resolution along these lines.
Councilman Gammell then moved for acceptance of park in lieu of
fees and that item be put before Parks & Recreation Commission, and if
they have better physical layout than presented, it be incorporated in
plan, subject to approval of the developer. Seconded by Councilman
Thorpe and carried unanimously.
3. Correspondence received from Wm. R. Corcoran requesting an
exception to the deed restriction concerning the dedication of a road
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before further land subdivision can take place and pleading economic
hardships in attempting to dispose of property. After considerable
discussion, Councilman Thorpe moved to refer back to staff for recom-
mendation. Seconded by Councilman Gammell and carried unanimously.
PARKS AND RECREATION COMMISSION MATTERS
Commissioner Muriel Surles recommended City adopt standardized
traffic signs consistent with National Park symbols. Councilman Thorpe
moved to accept recommendation and suggested Planning Commission deter-
mine color and size of said signs. Motion seconded by Councilman Gammell
and carried unanimously.
COMMITTEE REPORTS
Councilman Chermak reported on traffic situation in industrial
park. Off-site parking areas are to be cleaned up and drivers are to
be given one week warning before illegal parking citations are issued.
STAFF REPORTS
1. Treasurer's Report of Bank and Fund Balances, 1-31-72, and
Investment Schedule as of 1-31-72, received for file.
2. City Engineer submitted report on construction programs, sub-
division developments and special projects. In addition, he reported
on the following items:
(a) Re: abandonment of portions of Ganado Drive and San Juan
Creek Road; has contacted other property owner and they are inter-
ested in abandonment proceedings. Will report at next regular
meeting.
(b) Commented on Mr. Christiansen's offer to participate in
flood control and drainage study and suggested setting up meeting
with Council, Corps of Engineers, Orange County Flood Control
officials and Planning Commission. Meeting was set for Monday,
March 20, 1972 at 7:00 PM in the Council Chambers.
3. Monthly Activities report submitted from Finance Department.
4. Monthly Departmental Report submitted from Director of Public
Works. Action items were:
(a) Recommended sewer connection fee of $1,125 for Vanson
Trailer Manufacturing Co. Councilman Thorpe, seconded by Council-
man Chermak, moved to uphold recommendation. Carried unanimously.
(b) Statement from Dana Point Sanitary District billing
City for one-half the cost for repair of the ocean outfall in the
amount of $1,130.00, and recommending payment. Councilman Thorpe
moved to uphold recommendation of Director of Public Works. Motion
seconded by Councilman Gammell and carried by unanimous vote.
5. Director of Public Safety submitted Monthly Activity Report.
Additional items:
(a) Unable to obtain Administrative Aide through PEP Program.
Received application from a woman in the area who desires this
type of work and asked that she be hired on part-time basis.
Applicant can also perform secretarial duties. Councilman Chermak
moved to accept recommendation and authorize part-time employment
for Administrative Aide. Motion seconded by Councilman Gammell
and carried unanimously.
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(b) Met with Dr. Philp, County Animal Control officer, and
secured his promise that he will provide the City with letter re
future services to the City and will make every effort to provide
interim solution to animal problems within the City.
WARRANTS
The list of demands for the month of February, 1972, were presented
for Council consideration. Councilman Gammell moved to authorize payment
of warrant Nos. 6970 through 7015, inclusive, for a total amount of
$117,291.29. Motion seconded by Councilman Thorpe and carried by unani-
mous vote. So ordered.
COUNCIL REMARKS
Councilman Chermak
Moved for adoption of proposed resolution he previously presented
to Council in rebuttal to AHA resolution. Seconded by Councilman
Bathgate. Councilman Thorpe stated he was not prepared to act on this
resolution and that a meeting should be set with the Board of Trustees
of the School District to incorporate some of their ideas. Motion
failed by 2 - 2 vote, Mayor Forster absent.
Councilman Gammell
School Board expressed desire for installation of lights on local
tennis court. They will pay electricity if the City will install lights.
Staff directed to write School Board regarding this matter.
Mayor Pro -Tem Bathgate
1. Remarked on several items of interst in informational packet.
2. Expressed concern over process of disposing of surplus City
property and asked if there was a statute to this effect. City Attorney
to report at next regular meeting.
ADJOURNMENT
There being no further business, the meeting adjourned at 11:15 PM.
Leontine Vallavanti
Deputy City Clerk
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