72-0410_CC_Minutes_Regular Meeting159
April 10, 1972
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:05 PM by Mayor Forster.
The pledge of allegiance was recited. Invocation was given by
Rev. Robert Schwenck, Community Presbyterian Church.
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 March 27, 1972 were approved
with corrections noted.
Councilman Bathgate, seconded by Councilman Gammell, moved that
all ordinances and resolutions for this meeting be read by title only.
Carried unanimously.
Mayor Forster at this time made presentation of a memorial plaque
and City resolution in commemoration of Frank Winterbourne, late editor
of the Coastline Dispatch, to his wife, Daisy Winterbourne.
CONSENT CALENDAR MATTERS
1. Request by Orange County Chapter, National Multiple Sclerosis
Society, to conduct fund raising campaign, month of May thru June 18,
1972. Councilman Thorpe moved to honor request. Seconded by Councilman
Bathgate and carried unanimously.
2. Mayor Forster signed proclamation recognizing and congratulat-
ing the Exchange Club of America on its 61st Birthday.
PUBLIC HEARINGS
1. The matter of proposed Ordinance No. 193 establishing a Depart-
ment of Public Safety came before Council. Mayor Forster explained that
in January of this year the City hired Joseph McKeown as Director of
Public Safety, who provided a report on March 10th recommending that
this Council implement a locally operated police department. The facts
obtained by Mr. McKeown are the basis upon which this, or the succeeding
Council, will make a decision relative to this operation.
Public hearing was declared opened. The following persons came
forward and presented their views:
Mr. Bill Hicks - Not against forming police department, but felt
premature at present time. Totally against public safety concept and
hopes Council will rescind proposed ordinance.
Mrs. Antonio M. Olivares - Against police department due to possible
tax increase.
Mr. Don Palmer - Believes matter should go before voters.
Mr. Patrick Curren - Believes City needs police department.
Mr. Mike Corrigan, Jr. - Asked where money is coming from for
General Fund. Believes General Fund is in the red. Following questions
by Mayor Forster and explanation of General Fund accounting by Finance
Director, Mr. Corrigan had no further remarks concerning status of
General Fund.
Mr. Jerry Horton, Deputy Sheriff of Orange County, speaking as a
resident of the city - Cost of proposed police department was his main
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concern. Stated most cities will not spend more than 10% of their annual
budget for police department.
Mr. Al Arps, making a dual presentation including Mrs. Noreta
Kennedy - Suggested further reading of proposed ordinance be held in
abeyance and that the public be allowed to vote on this issue.
Mrs. Judith Beggs - Not opposed to law enforcement, but opposed
to formation of police department without consent of citizens, who were
not allowed to vote on issue. Also thinks Sheriff's Department has
given top quality service and Council should stand behind them.
Mr. Hogan Sherrill - Queried as to how animal control, health
problems and narcotic control, now handled by the County, would be main-
tained by local authorities.
Mrs. Gladys Young - Urged formation of local police department.
Mrs. Carol Heim - Asked if holding tank for criminals would be
included in plans for new facility. Answer was affirmative.
Mrs. Rose Corrigan - Stated Public Safety Director could become
a dictator of every facet of the City.
Richard McDonald, Chief law enforcement officer at Camp Pendleton -
Re Public Safety report, concept is sound and technical analysis correct.
Advised Council that the time to form Public Safety Department is now.
Mr. Ian Green - Sheriff's Department is understaffed and what the
City does need is police protection 24 -hours a day.
Chair then closed public hearing with right to reopen at any
time. A short recess was declared.
When meeting reconvened, Mayor Forster asked for Council discus-
sion on the item. After considerable discussion, Mayor directed item
be placed on the agenda of the next regular meeting, which would follow
the upcoming election.
2. Continued hearing on proposed abandonment for portions of
Ganado Drive and San Juan Creek Road. City Engineer recommended matter
be continued to the next regular meeting.
3. Request for precise alignment of Trabuco Creek Road. Council-
man Bathgate, seconded by Councilman Thorpe, set public hearing date
for April 24, 1972 at the hour of 7:00 PM. Carried unanimously.
4. Request for precise alignment of Rancho Viejo Road. Council-
man Thorpe moved to set public hearing date for April 24, 1972 at the
hour of 7:00 PM. Motion seconded by Councilman Bathgate and carried
unanimously.
5. Request for abandonment of a portion of Rancho Viejo Road and
setting of public hearing date. Councilman Thorpe moved for adoption
of resolution declaring intent and setting public hearing date for May 8,
1972. Seconded by Councilman Chermak. Resolution No. 72-4-10-1 passed,
approved and adopted by unanimous vote.
6. Director of Public Works requested public hearing be set for
1972 Weed Abatement Program and that City Clerk be authorized to publish
notice inviting sealed proposals for contracting services for said pro-
gram, bids to be opened at 11:00 AM, May 8, 1972. Councilman Thorpe
moved that public hearing be set for May 8, 1972, and that Council adopt
resolution authorizing City Clerk to publish notice inviting sealed bids.
Motion seconded by Councilman Chermak and carried unanimously. Resolution
No. 72-4-10-2 passed, approved and adopted by unanimous vote.
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BIDS CONTRACTS, AGREEMENTS
1. Request from Director of Public Safety for execution of agree-
ment with Orange County for installation and maintenance of communications
equipment for his vehicle, cost, exclusive of equipment purchase, to be
borne by the County. Councilman Thorpe moved that the Mayor be author-
ized to sign said agreement. Motion seconded by Councilman Gammell and
carried unanimously.
2. Memorandum presented from Director of Public Works outlining
results of bid opening for traffic signals at various city intersections.
He recommended contract be awarded to Steiny & Company, Inc., subject to
County of Orange approval, in the amount of $58,583.00. Councilman
Chermak moved to uphold recommendation and offering resolution awarding
contract. Motion seconded by Councilman Bathgate and carried unanimously.
Resolution No. 72-4-10-3 passed, approved and adopted by the following
roll call vote: Ayes: Councilmen Bathgate, Chermak, Gammell, Thorpe
and Forster. Noes: None Absent: None
3. City Engineer in receipt of three easement deeds and requested
Council acceptance for recordation:
(a) Louise M. Stoffel, for traffic signal installation.
Councilman Bathgate moved for acceptance. Seconded by
Councilman Thorpe and carried unanimously.
(b) Harry E. Howard and Bernard F. Syfan, right of way for
street and highway purposes. Moved by Councilman Gammell,
seconded by Councilman Bathgate that deed be accepted.
Carried unanimously.
(c) Lillian K. Zaenglein and Philip J. Keresey, for street
and highway purposes (DOL 72-101). Councilman Bathgate,
seconded by Councilman Chermak, moved for acceptance.
Carried unanimously.
4. Memorandum from Director of Public Works recommending approval
of proposed Agreement with County of Orange for AHFP Project .}#641 (Camino
Capistrano from Ortega Highway to Oso Road). County participation to
be one-half of project. Councilman Thorpe moved that the Mayor and City
Clerk be authorized to sign the agreement on behalf of the City. Motion
seconded by Councilman Chermak and carried by unanimous vote.
ORDINANCES, RESOLUTIONS
1. Councilman Thorpe moved that proposed Ordinance No. 194
establishing Personnel System be read by title only. Seconded by Council-
man Gammell and carried unanimously. City Attorney rendered first read-
ing.
2. City Attorney rendered second reading of proposed Ordinance
No. 191 (RZ 72-103, Goya) by title only. Councilman Chermak moved for
adoption. Seconded by Councilman Bathgate and carried unanimously.
Ordinance No. 191 adopted by unanimous vote.
3. City Attorney read proposed Ordinance No. 192 (RZ 72-102,
Westport) by title only. This constituted second reading.
Councilman Chermak suggested withholding adoption of ordinance
until annexation proceedings took place. Director of Public Works stated
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Westport may not consummate sale of property until it was prezoned and
felt City Council should take a definite action that evening so that
a determination could be made on whether to reconstruct an approximate
$25,000 irrigation line to subject property. Councilman Gammell there-
fore moved for adoption of ordinance granting rezone. Motion seconded
by Mayor Forster and carried unanimously. Ordinance No. 192 adopting
district map defining boundaries of PD District outside the incorpor-
ated area of the City was passed, approved and adopted by 4-1 vote,
Councilman Thorpe voting "No".
4. City Clerk's request for resolution ordering canvass of
General Municipal Election and setting Tuesday, April 18th at 7:00 PM
as time for said action came before Council. Councilman Bathgate moved
for introduction of resolution. Seconded by Councilman Thorpe and
carried unanimously. Resolution No. 72-4-10-4, ordering canvass of
election, passed, approved and adopted by unanimous vote.
5. The item regarding Committee on Impact of Development was
tabled to the next regular meeting. Councilman Thorpe suggested that
information from other committees be correlated and made a part of the
packet for presentation.
WRITTEN COMMUNICATIONS
1. Capistrano Unified School District response to City's proposal
for lighting of school's tennis courts was discussed. City Manager in-
structed to further discuss implications of metered lighting system with
School Board.
2. Letter of appreciation from San Juan Capistrano Fiesta
Association received and filed.
3. Request from Post Office Department for sidewalk encroachment
and parking restrictions. Councilman Chermak moved for adoption of
resolution approving request. Seconded by Councilman Thorpe and carried
unanimously. Resolution No. 72-4-10-5 permitting placement of mail
collection boxes on sidewalk on westerly side of Camino Capistrano
approximately 1,300 feet South of Del Obispo was passed, approved and
adopted by unanimous vote. Councilman Chermak also moved that City
initiate a resolution directed to the US Post Office Department to
immediately formulate plans for the Postal Department in San Juan Capis-
trano to alleviate postal facility problems and local Department to
notify City when boxes will have to be relocated. Seconded by Council-
man Thopre and carried unanimously. City Attorney to draft resolution
for presentation at next regular meeting.
ADMINISTRATIVE
1. City Manager's report on survey of Orange County Cities'
positions relative to the Pacific Coast Freeway was continued to the
next regular meeting.
2. The request from Civil Air Patrol for one-year extension of
use of Headquarters trailer at Capistrano Airport was also tabled to the
next regular meeting.
PLANNING COMMISSION MATTERS
Director of Planning made presentation of proposed plans for
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remodeling of Walnut Grove Restaurant in C -1-H District and Planning
Commission's recommendation for waiver of conditions to a time certain.
Councilman Chermak moved to uphold recommendation of Planning Commission
and waive requirements as set forth, until such time as a remodel of 50%
of any one structure on property, or any other major building constructed,
which would require all conditions being met, and that flashing portion
of signs be eliminated prior to use and occupancy. Seconded by Council-
man Gammell and carried by unanimous vote.
WARRANTS
The list of demands was presented from Finance Department for
Council consideration. Councilman Chermak moved that Warrant Nos. 7108
through 7150, inclusive, for a total amount of $134,023.20 be authorized
for payment. Motion seconded by Councilman Thorpe and carried by unani-
mous vote. So ordered.
COUNCIL REMARKS
Mayor Forster
1. Received communication from Ralph Clark reference to Gas Tax.
Recommended City follow Clark's leadership and lend support
by proposing resolution at a later date.
2. Met with Capital Improvements Committee at meeting where they
discussed recommendation that the City buy certain property
for civic center site. They are still working to develop
Capital Improvements plan.
City Manager
1. Recent census has established official population of City at
5,540 for State revenue purposes. Asked that City Manager
be authorized to request opoulation certification from State
Department of Finance. Councilman Chermak moved for adoption
of such a resolution. Seconded by Councilman Thorpe and
carried by unanimous vote. Resolution No. 72-4-10-6 passed,
approved and adopted unanimously.
2. City offices to remain open April 11th until official ballot
count for Municipal Election is in. Bulletin Board to be
set up for said purpose.
3. Director of Public Safety and Assistant Planner to attend
Conference in Menlo Park on coordinated program for crime
prevention through effective design of proposed residential
developments.
ADJOURNMENT
The meeting adjourned at 10:24 PM to an Executive Personnel Session.
Reconvened at 10:35 PM, and Mayor Forster adjourned to Special
Meeting for Canvassing of Returns, Tuesday, April 18, 1972 at 7:00 PM.
The meeting adjourned at 10:36 PM. % y
Leontine Vallavanti
Deputy City Clerk
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