72-0612_CC_Minutes_Regular MeetingJune 12, 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 James F. Thorpe.
The pledge of allegiance was recited. Invocation was given by
Reverend Richard Reeve, Community Christian Church.
Roll Call: Councilmin Present: Roy L. Byrnes, Edward S. Chermak,
Josh Gammell, James K. Weathers
and James F. Thorpe
Councilmen Absent: None
The minutes of the meeting of May 22, 1972 were approved as
presented.
Moved by Councilman Byrnes, seconded by Councilman Weathers to
have all ordinances and resolutions for this meeting read by title only
Unanimously carried.
BIDS, CONTRACT'S, AGREEMENTS
1. Proposed Lease Agreement on Mini Park
Councilman Byrnes moved to approve preparation of a lease agree-
ment on a portion of AP 124-160-18 (Mini -Park) with the owners of
the property, Donald Speirs, Edward Carson Beale and Natalie T.
Mitchell, subject to the following conditions per the recommendation
of the Parks & Recreation Commission:
1. That a hold -harmless clause on the part of the
City be imposed in the lease.
2. That liability insurance as recommended by the
City's agent be obtained.
3. That no physical improvements on the property
be required of the City.
4. That no maintenance be required on the part of
the City.
Motion seconded by Councilman Weathers and carried unanimously.
2. Proposed Change Order No. 3 (Water Pollution Control Facility
Modifications) - Weardco Construction Company.
Don Martinson of Lowry Engineering Science explained changes in order.
Moved by Councilman Chermak, seconded by Councilman Gammell, that
Change Order No. 3 in the amount of $14,684 be approved. This amount
to be shared with entities in SERRA which would make City responsible
for 10% of the work.
Motion unanimously carried by the following vote:
AYES: COUNCILMEN: Chermak, Gammell, Byrnes, Weathers
and Thorpe
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
3. Proposed participation in Joint Oceanographic Study.
After a brief explanation by Don Martinson on what this study
would entail, it was moved by Councilman Chermak, seconded by
Councilman Byrnes and unanimously carried that the City, as a member
of SERRA, enter into a Joint Oceanographic Study Agreement with the
Aliso Water Management Agency to determine the location of future
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18"7
sewer outfalls, and to approve transfer of funds from Sewer Fund
to SERRA Project Committee #4, based on equal participation.
AYES: COUNCILMEN: Chermak, Byrnes, Gammell, Weathers
and Thorpe
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Director of Public Works informed Council that, based on equal
participation by the various districts in SERRA, City would be
responsible for approximately $7,250.
ORDINANCES, RESOLUTIONS
1. At the recommendation of the Planning Commission, Councilman
Gammell moved to adopt a resolution commending Harold J. Ambuehl
for his outstanding contributions to the community and long service
with the school district and to accept his resignation from the
Architectural Board of Review with regret. Motion seconded by
Councilman Byrnes. Resolution No. 72-6-12-1 passed, approved and
adopted by unanimous vote.
2. A resolution vacating a portion of Rancho Viejo Road was
passed at the May 22 meeting of the City Council. Following the
Council meeting, Mayor Thorpe executed a quit claim deed which
was requested by Title Insurance and Trust Company. With the con-
sent of the Council members who were individually polled, Mayor
Thorpe signed the deed. Moved by Councilman Byrnes, seconded by
Councilman Gammell, and unanimously carried that the City of San
Juan Capistrano ratify the Quit Claim Deed dated June 1, 1972, by
adopting a resolution. Resolution No. 72-6-12-2 passed, approved
and adopted.
3. Proposed revision to Ordinance No. 171 (Business License
Ordinance) These changes are necessary -in order to become consistent
with recent legislative action. City Attorney read proposed
Ordinance No. 195 amending Business License Ordinance No. 171 by
title only. Councilman Gammell moved to introduce Ordinance No.
195, amending the Business License Ordinance No. 171, relating to
business license fees upon vending machine operators and coin
operated laundries. Motion seconded by Councilman Chermak and
unanimously carried. This constitutes the first reading of Ordinance
No. 195.
4. Proposed amendment to Ordinance No. 15 (Curfew Ordinance).
Director of Public Safety recommended that a change be made in
the curfew hours for minors to conform with ordinance in neighboring
cities. Councilman Byrnes moved to introduce proposed Ordinance No.
196, amending Ordinance No. 15 (Curfew Ordinance) to change the
curfew hours for minors from 9:30 p.m. - 6:00 a.m. to 10:00 p.m. -
6:00 a.m. Motion seconded by Councilman Weathers and unanimously
carried. City Attorney read proposed Ordinance No. 196 by title only.
This constitutes the first reading of Ordinance No. 196.
5. Acceptance of right of way deed from Goya, et al (La Novia
Avenue) Moved by Councilman Chermak to accept deed, authorize recorda-
tion and dismiss court action by adoption of a resolution. Motion
seconded by Councilman Byrnes and unanimously carried. Council
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authorizes payment of $4,498 as deposited in escrow. Resolution
No. 72-6-12-3 passed, approved and adopted.
6. Acceptance of right of way deeds on Del Obispo Street from
Martin Scalzo (AHFP No. 540). Moved by Councilman Chermak to adopt
a resolution accepting deeds authorizing recordation thereof.
Seconded by Councilman Weathers. Resolution No. 72-6-12-4 passed,
approved and adopted by unanimous vote. Cash consideration of $998
to be paid to Mr. & Mrs. Scalzo.
7. Acceptance of right of way deed for offsite sewer easement,
(South Coast Development Corporation). Moved by Councilman Gammell
that City adopt a resolution accepting right of way deed for Tract
7671 (South Coast Development Corporation) for offsite sewer ease-
ment and authorize recordation. Motion seconded by Councilman Byrnes.
Resolution No. 72-6-12-5 passed, approved and adopted unanimously.
SUBDIVISIONS, ANNEXATIONS
1. Tract 5592 - Lucas Development Company.
City Engineer depicted location of property on map and gave a
brief description of various improvements proposed. Explained flow
of water to flood control channel.. Councilman Chermak moved to
adopt a resolution accepting Final Tract Map 5592 and authorize
recordation with the condition that a review of the decorative wall
on Ortega Highway regarding grade and view to be made. Motion
seconded by Councilman Gammell and approved by a vote of 3 to 2,
with Councilman Byrnes and Councilman Weathers voting No. Resolu-
tion 72-6-12-6 passed, approved and adopted. Mayor and City Clerk
directed to execute agreements for construction of public improve-
ments.
2. Tract 7182 (Westport) - A portion of Tentative Tract 6269.
Councilman Byrnes moved to adopt a resolution accepting public
improvements for Tract 7182 and release of remaining cash deposits
relating to that tract. Motion seconded by Councilman Chermak.
Resolution No. 72-6-12-7 passed, approved and adopted by unanimous
vote.
8:45 P.M. - 8:55 P.M. - Ten Minute Recess
COMMUNICATIONS (Written)
1. Appeal for Consolidated Rock Company of Planning Commission
action on LUP 70-113.
Mr. John E. Roberts, consultant in planning and zoning matters,
and Mr. S. L. Yount, vice president of Conrock, appealed Planning
Commission action on LUP 70-113, stressing their careful operation
and the advantages to the City gained from Conrock's local operation.
They both urged the City Council to grant an additional period of
two years to allow Conrock suitable time to relocate. Mr. Ryle
Johnson, Manager of San Juan Mobile Estates, told Council his park
had many vacant spaces near.the wall located across from Conrock
because of noise generated from Conrock. Mr. & Mrs. Glen Nichols,
residents of San Juan Mobile Estates, complained of noise, dust
and excessive traffic from Conrock plant.
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Councilman Gammell moved to grant Consolidated Rock Company a two
year extension on LUP 70-113. Conrock to sign agreement to cease
operations at the end of the two-year period. Motion seconded by
Councilman Chermak and unanimously approved.
2. Request of San Juan Capistrano Fiesta Association for
Franchise for Fiesta de las Golondrinas Parade for March, 1973.
Committee comprised of Councilman Gammell and Councilman Chermak to
meet with board members of San Juan Capistrano Fiesta Association
and review operations and methods to see where City can assist
Association in better control of the function. Next meeting of the
Association is in July. Mr. C. P. McDowell, president of Fiesta
Association, to notify Councilmen Chermak and Gammell of their
next meeting.
3. Letter from Mrs. Rodger Butler requesting more animal con-
trol enforcement. Mayor Thorpe suggested that staff contact the
Orange County Supervisors and County Administrative Officer and
again let them know of need for further service.
4. Request from San Juan Beautiful for designation of official
city tree and for establishment of city as a bird sanctuary. Mayor
Thorpe referred these items to the Parks & Recreation Commission for
their recommendation.
ADMINISTRATIVE
1. City Engineer gave progress report on modifications to new
traffic signals. He drew a sketch of street light installations on
LaPaz Road in the Mission Viejo area showing iron work and mission
bell. Stated he is still checking back plates for traffic signals.
2. City Attorney reported on legal action available regarding
preservation of AT&SF Depot as historical monument. No action taken.
3. Report of City Clerk re sufficiency and validity of petition
signatures in opposition to Ordinance No. 193 (Establishing a Depart-
ment of Public Safety). City Clerk reported a Certification of
Petition had been drawn up by the City Attorney and certified to by
the City Clerk, stating the petition had.been examined by him and
that said petition is properly executed by more than 10% of the
registered voters of the City of San Juan Capistrano.
City Attorney said Council now had two options; either rescind
Ordinance No. 193, or pass on to voters at a special election within
60 to 75 days from date of certification.
Councilman Chermak moved that the matter of the Establishment
of a Department of Public Safety be submitted to voters at special
election. Motion seconded by Councilman Byrnes and unanimously
carried.
City Attorney then advised Council that, according to calendar of
election procedures prepared by the firm of Martin & Chapman, three
resolutions would be necessary at this time.
Moved by Councilman Gammell, seconded by Councilman Chermak,
that City adopt a resolution requesting the Board of Supervisors of
the County of Orange to permit the Registrar of Voters to render
services to the City of San Juan Capistrano relating to the conduct
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of a special municipal election to be held in said City on August
22, 1972. Unanimously approved. Resolution No. 72-6-12-8 passed,
approved and adopted.
Moved by Councilman Weathers, seconded.by Councilman Byrnes,
that City adopt a resolution calling for and giving notice of the
holding of a special municipal election to be held on the 22nd day
of August, 1972, for the submission to the qualified electors of a
certain question relating to the establishment of a Department of
Public Safety and a proposition relating to the authorization of
a separate tax rate for the maintenance, operation and improvement
of public park sites of .15 cents per $100 assessed valuation.
Resolution 72-6-12-9 passed, approved and adopted by unanimous
vote.
Moved by Councilman Byrnes, seconded by Councilman Gammell,
that City adopt a resolution authorizing certain of its members to
file written arguments on behalf of City measures submitted to
voters at a special municipal election to be held on August 22, 1972.
Resolution 72-6-12-10 passed, approved and adopted by unanimous vote.
Councilman Byrnes moved that City retain the firm of Martin and
Chapman for printing services in connection with the special municipal
election being held on August 22, 1972, based on the estimates
submitted May 3, 1972, in the amount of $709.47. Motion seconded
by Councilman Weathers and unanimously carried.
PLANNING COMMISSION MATTERS
1. Waiver of conditions of LUP 72-108 (Orange County Cable
Communications).
Councilman Chermak moved to uphold the recommendation of the -
Planning Commission on LUP 72-108 (Cable Communications) permitting
the establishment of a community television receiving antenna
system and waiving conditions 2, 3, and 4 imposed by the Planning
Commission. Said conditions are as follows:
(1) That plot plans and elevations be considered precise for
construction purposes.
(2) That property owner is required to install full street
improvements which include street sections, curb and
gutter, sidewalks, ornamental street lights and under-
ground utilities.
(3) Property owner shall dedicate all necessary right-of-way
for Trabuco Creek Road to a width of 52 feet from centerline.
(4) Property owner shall be required to comply with the Drainage
Element of the General Plan. This property is located in
the LO -2 area and the fee is $595 per gross acre.
(5) All on-site electrical or communication facilities including
any installation of television cable shall be underground.,
(6) That the Planning Commission reserves the right to reopen
the public hearing at the time screening landscaping is
required.
(7) That Planning Commission recommend to City Council that
conditions #2, #3, & #4 be waived.
Motion seconded by Councilman Byrnes and unanimously carried.
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191
2. RZ 72-106 (Covington)
Councilman Byrnes moved to set Public Hearing on RZ 72-106
(Covington) for July 10, 1972, at 7:00 P.M. Motion seconded by
Councilman Weathers and unanimously carried.
3. Determination of use of C -1H District (Local Business
Mission re: Planning Commission Resolution No. 72 -6 -6 -2 -PC
relating to similarity of use and permitted use in C -1H District.
Commission determined that a bicycle shop, retailing non -motorized
bicycles, is similar in character and compatible to those uses
permitted in the C -1H District. No action by City Council constituted
approval.
4. Mayor Thorpe set Thursday, June 15, 1972, 7:00 P.M. at the
City offices as a joint work session of the City Council and the
Planning Commission.
PARKS & RECREATION COMMISSION MATTERS
1. Proposed street design to include bicycle trail for 1911
Street Improvement Act for Camino Capistrano. (Long Park)
Moved by Councilman Byrnes to accept the recommendation of the
Parks & Recreation Commission in the selection of Alternate A of
various street sections presented by the City Engineer on Camino
Capistrano, with the provision that the six foot planting segment
may be expanded. Motion seconded by Councilman Gammell and unanimously
carried.
COMMITTEE REPORTS
James F. Thorpe
Mayor Thorpe submitted a proposed resolution relating to school
attendance zones to Council and asked for their recommendations.
Moved by Councilman Byrnes, seconded by Councilman Chermak, that
City adopt a resolution providing for a'developer to submit map
of school district attendance zones prior to accepting tracts.
Unanimously carried. Resolution No. 72-6-12-11 passed, approved
and adopted.
Josh Gammell
Councilman Gammell reported the screening committee had screened
and interviewed prospective candidates for the position of City Clerk.
Mayor Thorpe said this matter would be taken up at a personnel
session after the Council meeting.
Edward S. Chermak
Councilman Chermak reported there was a vacancy on the Retire-
ment Board Committee. Councilman Byrnes was appointed by Mayor
Thorpe to fill the vacancy left by William Bathgate.
WARRANTS
Moved by Councilman Byrnes, seconded by Councilman Weathers,
that warrant numbers 7308 through 7367` in the total amount of
$254,216.05 be approved for payment. Unanimously carried.
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192
COUNCIL REMARKS
Councilman Gammell
1. Councilman Gammell asked about loading operations at railroad
spur by Straub Distributing Company. Director of Planning advised
this was a permitted use.
2. Councilman Gammel also questioned drain from Westport property
to street. City Engineer reported sidewalk had been cut to allow for
construction of a drain.
Councilman Chermak
1. Councilman Chermak stated an amendment was needed to the
Retirement Income Plan since the Committee had voted to change
the age and dates concerning retirement. Moved by Councilman
Chermak, seconded by Councilman Gammell, that Mayor and City Clerk
sign amendment No. 1 to the Retirement Income Plan as follows:
"Each present employee is eligible to participate on the effective
date. Each future employee will be eligible to participate on the
anniversary date of the plan next following his attainment of age
23 and completion of one (1) full year of continuous service, pro-
vided he is not then over the age of 55." Motion unanimously
carried. Councilman Chermak then moved to adopt a resolution amend-
ing the Retirement Income Plan, seconded by Councilman Gammell.
Resolution No. 72-6-12-12 passed, approved and adopted unanimously.
2. Councilman Chermak asked if there was some recourse to law
which would enable committees and Commissions to declare citizens
out of order at meetings. Staff to make recommendations. City
Attorney to submit report regarding law at next meeting.
Councilman Weathers
1. Councilman Weathers commented on Informational Item 11. -
Resignation of Raymond Miller as Director of Civil Defense. Council-
man Weathers moved to adopt a resolution accepting resignation of
Raymond Miller and thanking him for his services. Motion seconded
by Councilman Chermak and unanimously approved. Resolution No.
72-6-12-13 passed, approved and adopted.
Councilman Gammell moved to adopt a resolution appointing the
Director of Public Safety as Director of Civil Defense. Motion
seconded by Councilman Byrnes and unanimously carried. Resolution
No. 72-6-12-14 passed, approved and adopted. '
Councilman Byrnes
1. Moved by Councilman Byrnes, seconded by Councilman Weathers,
that City Manager be paid cash in lieu of this three weeks' vacation
due the workload caused by a vacancy in the City Clerk's office.
Motion passed by a vote of 4 to 1, with Councilman Gammell voting
No.
2. Councilman Byrnes expressed a desire to have Council meetings
on Thursday instead of Monday evenings. No action taken.
Mayor Thorpe
1. Mayor Thorpe reported he had attended meetings of the Orange
County League of Cities Executive Meeting and SAMCO. Told Council
League dues for fiscal year 1972-1973 are $37.50. Reported changes
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193
made to By -Laws concerning nominations. New amendment will allow
City representatives to take nominations back to council for
recommendation prior to vote.
Mayor Thorpe also stated he had information on mass transit if
anyone was interested in seeing it.
Meeting adjourned to a personnel session at 10:35 P.M.
Council reconvened from personnel session at 11:41 P.M.
Moved by Councilman Chermak, seconded by Councilman Weathers,
that City Manager be authorized to offer the position of City
Clerk to Wanda Andersen, currently City Clerk of Rosemead.
Unanimously carried.
Meeting adjourned at 11:42 P.M.
ity er
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