72-0508_CC_Minutes_Regular MeetingMay 8, 1972
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order at
7:00 p.m. by Mayor Thorpe.
The pledge of allegiance was recited. Invocation was given by
Father Henry Marusa from Mission San Juan Capistrano.
Roll Call: Councilmen present: Roy L. Byrnes, Edward S. Chermak,
Josh Gammell, James K. Weathers and James F. Thorpe. Absent: None
The minutes of the regular meeting of April 24, 1972 were approved
with a correction noted.
It was moved by Councilman Gammell, seconded by Councilman Byrnes,
that all ordinances and resolutions for this meeting be read by title
only. Unanimously carried.
CONSENT CALENDAR MATTERS
It was moved by Councilman Weathers, seconded by Councilman
Byrnes that items on the Consent Calendar be approved. Unanimously
carried.
1. Request for fund drives by Alsac approved.
2. Mayor Thorpe proclaimed May 21, 1972, as Women in Education
Day, and recognizing AWARE International for its contribution
to the future of the educational field in San Juan Capistrano.
SPECIAL AGENDA ITEM
Mr. Mike Neal, Administrative Assistant to Senator Dennis Carpenter,
addressed the Council. Mr. Neal discussed the merits and demerits of
the two current legislative bills (AB 200 and SB 100) regarding coastal
control legislation and answered questions from Council concerning
the effects of the legislation on local control and direction of land
development.
PUBLIC HEARINGS
1. Continued hearing on proposed abandonment for portions of
Ganado Drive and San Juan Creek Road. City Engineer presented Council
with background information on these proceedings. He stated that be
had received a signed easement deed for street and highway purposes
from Durand A. Holladay, trustee for Continental Mortgage Investors,
to the City of San Juan Capistrano. City Engineer also recommended that
the City Council order the vacation of portions of Ganado Drive and
San Juan Creek Road as requested. It was moved by Councilman Chermak,
seconded by Councilman Gammell, that the City accept the easement
deed conveying property for future improvement of San Juan Creek
Road from Continental Mortgage Investors. Unanimously carried. It
was moved by Councilman Byrnes, seconded by Councilman Gammell, to
adopt a resolution ordering the vacation of portions of Ganado Drive
and San Juan Creek Road. Roll call vote: AYES: Councilmen:
Byrnes, Gammell, Chermak, Weathers and Thorpe. NOES: NONE
ABSENT: NONE. Resolution No. 72-8-5-1 passed, approved and adopted
by unanimous vote.
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1 7 6 2. Request for abandonment of a portion of Rancho Viejo Road.
City Engineer made a presentation on the proposed abandonment. Mayor
Thorpe then opened the public hearing on the proposed abandonment of
a portion of Rancho Viejo Road. No one spoke in favor or in opposi-
tion of the project. Mayor Thorpe then closed the public hearing
with right to reopen. Decision on this abandonment will be carried
over until approval of Final Tract Map 7671.
3. 1972 Annual Weed Abatement Program. City Manager explained
there was a bid opening on May 8, 1972, at 11:00 a.m. for the pur-
pose of receiving bids on annual Weed Abatement Program. He told
the Council one bid had been received. Also told Council notices
of weed abatement had been sent out to property owners. Director
of Public Works stated he had received inquiries and made explana-
tions regarding this program. Mayor Thorpe then opened the Public
Hearing on 1972 Annual Weed Abatement Program.
A protest was received from Bob Roark, President of Mission
Hills Ranch Homeowners Association. Mr. Roark stated he was dis-
appointed in the way notices had been sent out, wondered if their
group was being discriminated against and also if the Association
could handle their own weed abatement work. Director of Public
Works explained to Council and Mr. Roark that the City encouraged
citizens to abate their own weeds. Council directed that Mr. Meadows
and Mr. Roark attempt to arrive at a solution for having the Associ-
ation remove their weeds. The public hearing was closed by Mayor
Thorpe with right to reopen. Staff directed to proceed with weed
abatement program.
BIDS, CONTRACTS, AGREEMENTS
1. Since all documents pertaining to the Joint Power Agreement
with Orange County to participate in UHF coordinated law enforcement
communication system have not been received, this item was postponed
until receipt of the documents.
2. One bid has been received from Jim Taylor Company for 1972
annual Weed Abatement Program. Councilman Gammell made a motion to
adopt a resolution awarding contract on weed abatement to Jim Taylor
Company per schedule presented. Motion seconded by Councilman
Weathers. Resolution No. 72-5-8-2 passed, approved and adopted by
unanimous vote. Mayor and City Clerk authorized to execute agree-
ment with Jim Taylor Company for 1972 annual Weed Abatement Program.
3. Request of Spaulding Equipment Company for one year exten-
sion of agreement for improvements of Paseo Adelanto dated April 23,
1971. City Engineer stated in view of current schedule of proposed
1911 Act project which includes Paseo Adelanto, it is in the City's
best interest to extend the agreement. It was moved by Councilman
Byrnes, seconded by Councilman Chermak, that the agreement with
Spaulding Equipment Company be extended for one year. Unanimously
carried.
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MAY 81972
177
ORDINANCES, RESOLUTIONS
1, Second reading of Ordinance No, 188, establishing a Planning
Commission and defining the duties thereof. City Attorney read pro-
posed Ordinance No, 188 by title only. Council directed that a city
residency requirement be added to the ordinance. It was moved by
Councilman Gammell, seconded by Councilman Byrnes, to have second
reading of Ordinance No, 188, Ordinance No. 188 passed, approved and
adopted by unanimous vote.
2. Request from SCAG for resolution supporting increased natural
gas supply to Southern California, City Manager told council this
resolution was submitted without the benefit of staff comment be-
cause of its late arrival. The matter was referred back to staff and
City Manager to contact League office to see what their position is
on this issue.
3, POST Requirements, Director of Public Safety submitted a
written report on POST requirements for training of law enforcement
officers. It was moved by Councilman Byrnes, seconded by Councilman
Gammell, that a Resolution be adopted accepting POST Requirements for
the Department of Public Safety, Resolution No. 72-8-5-3 passed,
approved and adopted by unanimous vote.
SUBDIVISIONS, ANNEXATIONS
1. Proposed annexation to Municipal Water District of Orange
County designated Annexation No. 16. City Manager stated staff
finds no negative effect on San Juan Capistrano to this proposed
annexation. It was moved by Councilman Gammell, seconded by Councilman
Byrnes, that the City of San Juan Capistrano notify the Local Agency
Formation Commission it has no objection to proposed Annexation No. 16.
Unanimously carried.
COMMUNICATIONS (Written)
1, Request from Capistrano Valley Baptist Church for waiver of
requirements on LUP 72-103, City Engineer described the property
in question and stated he felt the Church should grant an easement
to the City for right of way dedication for Del Obispo Street, and
in turn the City could waive street improvements on the westerly
3-1/2 acres of property. Moved by Councilman Gammell, seconded by
Councilman Byrnes, that City accept easement deed from Capistrano
Valley Baptist Church for recordation and waiver of improvements on
the westerly 3-1/2 acres of property until further development of
subject property. Unanimously carried.
TEN MINUTE RECESS
ADMINISTRATIVE
1, Pacific Telephone & Telegraph Company Easement: After a
brief description by the City Engineer of the type of easement re-
quested and the purpose for it, Councilman Gammell moved that the
City grant an easement two feet in width paralleling the northerly
property line of public works corporation yard in order to install
an underground telephone cable to Pacific Telephone & Telegraph Company,
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Motion seconded by Councilman Chermak and unanimously carried.
Mayor and City Clerk directed to sign easement deed.
PLANNING COMMISSION MATTERS
1. Proposed bicycle, equestrian and hiking trails. Director
of Planning reported Planning Department had been working on establish-
ing bicycle, equestrian and hiking trail routes through the City, and
that one area of immediate concern was North Camino Capistrano.
Engineering on improvements for this street are nearly completed and
Planning Commission would like Council to give direction to City
( Engineer to plan this street to encompass and permit bike trails in
conjunction with improvements. Provision for trails within Long
Park to be carried over to the next agenda at which time City
Fo Engineer will report to Council. Council directed Planning Commission
to hold an informal public hearing on feasibility and desirability
r of proposed bicycle, equestrian and hiking trails as a part of the
"City's General Plan.
2. Resolution No. 72 -5 -2 -2 -PC - A resolution determining whole-
sale and retail nurseries as permitted uses in C -2H District. No
action by Council constituted concurrence with Planning Commission
determination.
PARKS & RECREATION COMMISSION MATTERS
1. Dennis Paquin, Chairman of the Parks & Recreation Commission,
addressed the Council and stated the Commission was requesting funds
to prepare a parks development grant application to the Federal
Government. Mr. Paquin also asked Council if a plan could be arranged
so that the Parks & Recreation Commission could have a deferred pay-
ment plan set up for the monies owed the General Fund by the Parks
Fund. On a motion by Councilman Gammell, seconded by Councilman
Bimes,._the Parks and Recreation Commission was directed to use $400
and in no event more than $500, to be taken out of Travel Expense
Fund of the Parks and Recreation Commission for the purpose of hiring
a professional consultant to prepare grant application to the Federal
Government for Parks Development. Motion carried 4 to 1, Councilman
Chermak voting NO. Councilman Chermak stated he felt the parks de-
velopment program should be reevaluated before any monies are ex-
pended for parks purposes since the Parks Tax Rate was defeated on
April 11 ballot.
Chairman Paquin suggested that since the firm of Recreation Land
Planners was already doing planning work on two of the City's parks
that we hire this firm to also do the work of preparing a grant appli-
cation for parks development. It was moved by Councilman Weathers,
seconded by Councilman Byrnes, that the City hire Recreation Land
Planners for the grant application work. Motion unanimously carried.
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Parks & Recreation Chairman also requested that Council propose
a bicycle trail on Del Obispo from Alipaz to Southern city limits.
City Engineer urged that no action be taken on this until after
the project has been completed by City and Notice of Completion filed.
Council directed that progress on this project be brought to them at
next meeting.
COMMITTEE REPORTS
Growth Committee - Mayor Thorpe reported he had attended CUSD
Growth Committee meeting. He felt direction Committee is taking is
not what he thought the purpose of the Committee was for. Will be
unable to attend next meeting of Committee and asked anyone who might
be interested to attend.
WARRANTS
1, After consideration by Council, it was moved by Councilman
Byrnes and seconded by Councilman Gammell that Warrant Nos. 7226
through 7273 in the total amount of $81,582,88 be approved for
payment. Motion unanimously carried.
COUNCIL REMARKS
Councilman Gammell
1. Commented on John Regan's resignation from the Orange County
Health Planning Council. It was reported that Mr. Regan felt no
appointment to this Council was necessary at this time. Councilman
Gammell moved to adopt a resolution commending John Regan for his
work on the Health Planning Council. Motion seconded by Councilman
Chermak. Resolution No. 72-5-8-4 passed, approved and adopted by
unanimous vote.
2. Traffic signal installation at Ortega was discussed. City
Engineer to check on type of signal used in Old Town, San Diego.
Councilman Byrnes
1. Requested that podium be relocated so that speaker could
address audience as well as Council.
2. Commented on a letter received by Mayor Thorpe regarding
Health Care Survey being conducted in Orange County. On a motion by
Councilman Byrnes, seconded by Councilman Chermak, staff was instruc-
ted to send a letter to the Board of Supervisors urging that South
Orange County be included in the Health Planning Survey being made by
the Arthur Little Company. Motion carried by a vote of 4 to 1, with
Councilman Gammell voting "No".
Mayor Thorpe
1. Stated he had received a complaint from a local citizen
re: having to vote on June 6th by mail or travel to Santa Ana because
of district change. City Manager to check with Registrar of Voters in
orange County and report back.
Mayor Thorpe commented on several other items:
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1. Notice of Conference on current development in federal
programs.
2. May 25, 7:30 a.m. Breakfast - Supervisor Caspers - Mayor
and Councilman Byrnes to attend. To be held at San Clemente
Municipal Golf Course Restaurant.
3. Since he had no time to get direction from Council before
attending LAFC meeting, he voted for Robert Nevil to represent
Orange County's, cities on LAFC. Clifton Miller, Mayor of Tustin
was elected.
4. Asked if any Council member was interested in attending
Ad Hoc committee on waste disposal.
Meeting adjourned at 9:57 p.m. to a Personnel Session..
Council reconvened at 11:14 p.m. and Mayor Thorpe adjourned the
meeting at 11:15 p.m.
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