71-0614_CC_Minutes_Regular Meeting31
June 14, 1971
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The City Council of the City of San Juan Capistrano, California,
met for a regular meeting on Monday, June 14, 1971 at 7:08 PM in the
Council Chambers of City Hall, with Mayor Forster presiding.
Councilmen present: William A. Bathgate, Josh Gammell, James F.
Thorpe and Thomas A. Forster.
Councilmen absent: Edward S. Chermak
The meeting opened with the pledge of allegiance to the flag.
Invocation was given by Councilman Thorpe.
MINUTES - May 24, June 7, 8, 10, 1971
Discussion concerning minutes of Budget Sessions resulted in
City Administrator being advised to condense narration where possible.
It was also decided that tape recordings of Council meetings be retained
for a period of one year, provided special topics and items of unusual
public interest be retained as long as having current informational
value. Councilman Thorpe then moved that minutes of May 24, June 7, 9
and 10, 1971, be approved as presented. Motion seconded by Councilman
Bathgate and carried unanimously. So ordered.
Memorandum received from City Attorney, subject: Council Procedures.
This item discussed and is to be placed on agenda for next regular meet-
ing.
Motion was requested for all ordinances and resolutions at this
meeting be read by title only. Councilman Bathgate so moved. Motion
seconded by Councilman Gammell and carried unanimously.
BIDS, CONTRACTS, AGREEMENTS
1. Preliminary staff report on propane fuel for city vehicles
was presented by City Administrator with follow-up Memo from Director
of Public Works. Councilman Bathgate requested staff to furnish further
analysis on subject for presentation at a later date.
2. Memorandum received from Director of Public Works endorsing
recommendation of Lowry Engineering -Science re advertisement of bids
for expansion of treatment plant. Councilman Bathgate offered Reso-
lution No. 71-6-14-1 entitled "Resolution Approving Plans and Speci-
fications and Authorizing the Advertising for Bids for the Modification
of the Water Pollution Control Facility". Roll call was taken: AYES:
Councilmen Bathgate, Gammell, Thorpe and Forster. NOES: None. ABSENT:
Councilman Chermak.
3. Proposed agreement between City and Tustin Land and Cattle
Company - Memos received from City Administrator and City Engineer
recommending that additional security for street improvements be pro-
vided in the form of a cash bond, letter of credit or certified check
equal to the estimated cost of street improvements until such time as
the 1911 Act Improvement District is formed. Mr. Swartout appeared
before Council stating that if Council did not approve their inclusion
in proposed 1911 Act at this time, he would ask for approval of a letter
of credit or a cash bond. The matter is to be handled at administrative
level.
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4. Proposed Contract for Sale of Real Property (excess flood
control property, Parcel LO 2-103.6) - Council consensus was that this
proposal gave "assurance but not insurance" of clear title. Councilman
Bathgate moved to authorize preliminary title search before entering
into agreement of this type. Motion seconded by Councilman Thorpe,
carried unanimously and was so ordered.
ORDINANCES RESOLUTIONS, PROCLAMATIONS
1. Proposed Ordinance No. 175 (Council -Manager Ordinance) was
read by City Attorney by title only. This constituted second reading.
Mayor Forster requested that this item be brought before Council at the
next regular meeting when a full five -man Council would be present.
2. Proposed resolution regarding controlling of placards and
signs in public right of way was presented by City Attorney. Discussion
followed. Mr. Okazaki is to revise resolution for presentation at a
later date.
3. Letter from Orange County Criminal Justice Council enclosing
sample resolution and urging Council approval. Councilman Thorpe
offered Resolution No. 71-6-14-2 entitled "Resolution Recognizing the
Orange County Criminal Justice Council as the Regional Criminal
Justice Planning Board". Passed, approved and adopted by the follow-
ing vote, to wit: AYES: Councilmen Thorpe, Bathgate, Gammell and
,'aForster. NOES: None. ABSENT: Councilman Chermak.
WRITTEN COMMUNICATIONS
1. Letter from Community Presbyterian Church (Re: LUV 65-117)
requesting extension of the temporary Use and Occupancy granted by
Council, pending final approval of alignment of roadway elevations
and confirmation of plans by the City. Upon recommendation of the
City Engineer, Councilman Thorpe, seconded by Councilman Gammell,
moved to grant said extension for one year from June 15, 1971. Motion
carried unanimously.
2. Request from the City of Huntington Beach urging support in
opposing the passage of Assembly Bill No. 1471 relating to the creation
of a state commission with the power to determine land use and develop-
ment of coastal lands. With Council concurrence, City Attorney read
proposed resolution opposing AB 1471 and setting forth the City's
objections. Councilman Gammell then offered Resolution No. 71-6-14-3
for adoption. Roll call was taken. AYES: Councilmen Gammell, Bath=
gate, Thorpe and Forster. NOES: None. ABSENT: Councilman Chermak.
3. Correspondence received from the City of Los Alamitos re-
questing support in their efforts to prevent residential development
of the Los Alamitos Naval Air Station following planned deactivation
this year. Mayor Forster requested this item be placed on the agenda
of the next regular meeting in order to further pursue subject matter.
City Administrator to contact City Manager William H. Kraus of Los
Alamitos for possible presentation before Council on behalf of his
city.
4. Request from Congressman Alphonzo Bell for Council resolu-
tion supporting his position on President Nixon's proposed transfer
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of Camp Pendelton property to public recreation use. After discussion,
staff was requested to contact Congressman Schmitz's office to determine
what his position is on the request made by Congressman Bell.
5. A petition was presented from Mr. Clifford L. Blank to be
included in the 1911 Act Improvement District now being considered for
the public street improvements for the property located on Alipaz.
Memorandum from Director of Planning stated additional action on Mr.
Blank's part would be an agreement and surety, for in fact if the
petition is accepted, the Council would be granting a time waiver of
improvements.
City Administrator noted that Mr. Bob Rice and Mr. Baker had
requested their parcel of land to also be included in the proposed 1911
Act. Councilman Bathgate, seconded by Councilman Gammell, moved that
both parties be included in the 1911 Act proceedings. Carried unanim-
ously and so ordered.
ADMINISTRATIVE ACTION
1. Waiver of Orange County Department of Building and Safety
requirements for changes in stairway construction at 31815 Camino
Capistrano. Opinion of the City Attorney was that the City could waive
the requirement, but that it place itself on record as having advised
Mr. Swartout that he has the alternative of building to code or accept-
ing any and all liability which may occur by reason of the absence of
the landing. Councilman Thorpe so moved. Seconded by Councilman
Gammell and carried unanimously.
2. City Administrator reported on progress of golf course acqusi-
tion study. Consultants need more time for study. Item carried over
to next agenda.
3. City Administrator verbally reported that he had contacted
local veterinarian who had expressed interest in expanding his center
into an animal detention center. He also described preliminary conver-
sations with SPCA and the City of San Clemente concerning a joint
animal control operation. More information to be forthcoming by June
28th meeting. Mayor Forster recommended a meeting with local vet and
SPCA to come up with additional details on the matter.
4. City Administrator recommended that additional compensation
be given to Assistant Planner, per Section 10, Ordinance No, 71. He
proposed that this additional remuneration be in the form of approxi-
mately 1% addition to the pay the Assistant Planner received for the
five month period while acting in the capacity of Chief Planner for the
city. This would amount to $275.00 in round figures. Councilman Gammell
moved for approval of this recommendation. Motion seconded by Councilman
Bathgate and carried by unanimous vote.
PLANNING COMMISSION MATTERS
Minutes of Meeting of June 1, 1971 were presented as informational
item.
The Director of Planning commented on Assembly Bill No. 2294 per-
taining to Mobile Homes. Mr. Johns then read excerpts from AB 2294 and
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from his Memorandum of Record regarding subject Bill. Discussion
followed. Councilman Gammell then offered Resolution No. 71-6-14-4
entitled "Resolution of the City Council of the City of San Juan
Capistrano Expressing Its Opposition to the Passage of AB2294'1.for
adoption. Passed, approved and adopted by the following vote: AYES:
Councilmen Gammell, Bathgate, Thorpe and Forster. NOES: None. ABSENT:
Councilman Chermak.
PARKS AND RECREATION COMMISSION MATTERS
The minutes of the meeting of June 7, 1971 were presented for
Council perusal.
Dennis Pacquin, Chairman of the Parks & Recreation Commission,
informed the City Council that the city had received official notifi-
cation regarding the federal "Legacy of Parks Program". He suggested
city file a Letter of Intent stating what is proposed in fiscal budget
for Parks and Recreation. He will present format of letter that could
be filed and suggested the Mayor be authorized to sign Letter of Intent,
which is to be filed before July 1, 1971.
Councilman Thorpe moved that the Mayor be authorized to sign
said Letter of Intent. Seconded by Councilman Gammell, carried unani-
mously, and was so ordered.
R V..CMRS
Mayor Forster declared a five minute recess. The meeting recon-
vened at 10:15 PM.
WARRANTR
The list of demands for the period ending June 7, 1971 was
presented for Council consideration. Councilman Bathgate moved to
approve Warrant numbers 6066 through 6100 inclusive for a total amount
of $10,647.42. Motion seconded by Councilman Thorpe and carried by
unanimous vote.
COUNCIL AND STAFF REMARKS
City Attorney
1. Re Westport Agreement with the City for financial surety
covering its current developments. Both the City and Westport find
current procedure to be cumbersome. Westport attorney stated that they
were now in a position to deposit funds in trust in lieu of the present
three party agreement. Mr. Bill Holsworth, general counsel for Westport,
took the floor explaining that they would like easier means to provide
for off-site improvements. Would suggest either escrow agency or title
insurance company with trust officer guaranteeing that funds would be
made available for improvements. City Attorney stated Council should
approve each trust company. As soon as letters of credit came in,
Council could take action. City Engineer welcomed request. Staff
directed to work along these lines.
2. Re Zaenglein property - Deadline for vacation of premises
is up. The City Attorney has discussed a criminal complaint with the
District Attorney against property owners. The District Attorney is
reluctant to treat this as a criminal matter. Mr. Alex Bowie, attorney
for the Zaengleins, stated his party is willing to cooperate, but would
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likely sue lessee in turn. Mr. Okazaki related that several families
may find other housing, and if so, buildings will be demolished as
they move out. In the absence of a criminal case, the City Attorney
advised Council its only other recourse is to file civil action.
Councilman Bathgate stated he feels the city is compelled to pro-
ceed along lines outlined by City Attorney, but is hopeful that movement
of people will take place before the matter comes to a final determin-
ation. He does not think city can stop now because of liability
incurred. He so moved. Motion seconded by Councilman Thorpe and
carried unanimously.
Council concurred that staff should make all concerned aware of
the fact that a civil suit is being instituted.
Councilman Bathgate
1. Complaint received from a man who leased land for the raising
of horses. He had just seeded for pasture when land was disced as a
fire hazard and asked why he had not been notified before discing.
Councilman Bathgate thinks consideration should be given to the old
procedure of posting signs for weed abatement. Staff was asked to
review weed abatement procedures.
2. Has received complaint from Dike and Colgrove tract re cable
TV. Cable was not placed underground and service was substandard.
Councilman Thorpe stated he would be interested in seeing rate schedule
for TV services. City Administrator was requested to investigate the
complaint.
Mayor Forster
1. Set June 28, 1971 at the hour of 7:00 PM as date for Public
Hearing on proposed Fiscal 1971-72 Budget.
2. Reported orange selling operation on Ortega Highway seemed
to cause traffic obstructions. City Administrator had already conveyed
information to Highway Patrol. Traffic control is to be continued
during duration of fruit picking.
City Engineer
Discussed Public Works Capital Projects with Council in lieu of
his presence on June 22nd.
ADJOURNMENT
The meeting adjourned at 11:20 PM to an adjourned regular meeting
to be held Tuesday, June 22, 1971 at the hour of 7:00 PM for budget
study.
Donald G. Weidner
City Clerk
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