69-0414_CC_Minutes_Regular MeetingMinutes of the Meeting of the City Council of San Juan Capistrano
APRIL 14, 1969
The regular meeting of the City Council was called to
order at 7:03 P.M. by Mayor Edward S. Chermak.
The pledge of allegiance was recited. Invocation was
given by City Administrator, Ernest A. Thompson.
The City Clerk called the roll. Councilmen present:
William A. Bathgate, Don Durnford, Thomas A. (Tony) Forster,
Antonio M. (Tony) Olivares and Edward S. Chermak. Councilmen
absent: None.
The minutes of the regular meeting of March 24, 1969
were approved as presented.
WRITTEN COMMUNICATIONS
(a) Notice of Public Hearing by Local Agency Formation
Commission to be held April 23, 1.969 on the proposed
dissolution of the Orange County Harbor District was
received.
(b) A letter from the Local Agency Formation Commission
setting forth the filing and hearing schedule for the
remainder of the year 1969 was received and filed.
(c) A letter of request fromthe Orange Councy Fireman's
Association for proclaiming Orange County Fireman's Day
on June 14, 1969. Mayor Chermak so proclaimed.
(d) A letter request from the National Multiple Sclerosis
Society requesting the proclamation of MS Month from
May 11th through June 15th. Proclaimed by the Mayor.
(e) Letter from the San Juan Capistrano Branch Library
requesting the proclamation of National Library Week of
April 201h through April 261h, 1969. The Mayor so proclaimed.
(f) The Community Presbyterian Church submitted a letter of re-
quest for an extension of time for conditional use and
occupancy certificate in connection with Land Use Permit
65-117. On motion of Councilman Bathgate, duly seconded
by Councilman Durnford, the request was approved granting
a six month extension of time subject to the City Engineer
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submitting a questionaire to determine the status of the
proposed 1911 Act that has been pending for these many
months.
(g) A letter from the McCanne Medical Group regarding the
frontage road on the easterly side of Camino Capistrano
from Avenida Las Golondrinas southerly to Avenida Padre
was submitted for consideration. The City Attorney, John
H. Dawson is to review extensively as to the legal avenues
that may be pursued in either participating or prohibiting
any participation of the City in connection with the
conveyance, reconstruction and/or maintenance of this
frontage road within the City.
(h) Notice of the General Meeting of the Orange County League
of Cities to be held Thursday, April 24, 1969 was received.
Mayor Chermak instructed any Councilmen to contact the
City Clerk's office with regard to their intent to be in
attendance.
ORAL COMMUNICATIONS
Mr. Ray Wheeler, 33242 Palo Alto St., Dana Point, California
was recognized for his presentation in regards to pollution. First
of all, Mr. Wheeler addressed the Council with regards to trees,
in that he had discovered, or alledged to have discovered, a
champion tree located on Spring Street, adjacent to the elementary
school. The type of tree is a California Pepper. Its circumference
being 30feet, its height being 54 feet and having a crown spread of
some 75 feet. He has registered the tree with the American Forestry
Association which has no record of a similiar tree exceeding its
size. Secondly, his commentary covered that regard of control over
vacant buildings, their hazard, their offensiveness, and the pro-
gressiveness of the City in their control. Thirdly, he approached
the point of his being present, and that was of pollution. He was
emphatically in opposition to the Capistrano Airport if it is to be
expanded. Further, he proposed that the local government should
take necessary legislative steps in order to combat what seems to
be the drifting down of the smog bank from the Santa Ana metropolitan
Orange County area. He posed no basic corrective format other than
the legislative aspect to which the City Council should pursue some
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type of control. Thereupon, the Mayor commended him and thanked
him for his community i.nterest and concern for the Capi.strano
valley.
TREASURY REPORT
A statement of cash receipts and disbursements for the
month ending March 31, 1969 was submitted by the City Treasurer,
Alice M. Ross. A summary statement and quarterly report of
cash receipts and disbursements and fund balances was submitted
by the Director of Finance, Harold L. Albert. On motion of
Councilman Forster, duly seconded by Councilman Bathgate, both
reports were received and filed for audit.
COMMITTEE REPORTS
City Hall Facility - Councilman Bathgate, Chairman of the
Committee, gave a report with regard to proposals submitted for
consideration of location and establishment of City Hall
facilities. Five proposals were considered, two on the same area.
It was the recommendation of the Committee that the old Junior
High School site on Camino Capistrano be pursued as the most
logical location for consideration. In view of the remainder of
the Council members not having an opportunity to review the pro-
posals in detail to give basis of the recommendation, a study
session
was requested.
This study
session was
established
to be
set for
Tuesday, April
22, 1969 at
7:00 P.M.
The Unified
School_
District Committee was also to be invited to attend.
Moreover, appraisals to determine the value of the site
was estimated to run from $500 to $4,000. The school stated that
they would not bear the brunt of the total cost of this appraisal.
Mayor Chermak questioned the availability of the school in that
it had been programmed for providing temporary facilities for the
ensueing school year.
UNFINISHED BUSINESS
(a) Proposed acquisition of Lot 60, Tract 5974 (Kolbet) for
park purposes was reported by the City Administrator.
Contact had been made with Mr. Mike Koll to the degree of
clarification of the encumbrance on the Lot, the credit
to be due and the method to which acquisition could be
pursued. Some $47,000 is outstanding on the parcel and an
amount of $17,780 is to be credited to Kolbet, in view of
their potential development of the remaining 57 plus acres
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of land. This includes some 50 acres to be developed
in R-1 improvement and the remainder to be in commercial.
Some discussion as to the contingent condition of credit
for the $17,780 evolved and the Mayor appointed a
committee; Councilman Don Durnford and Director of
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Finance, Harold Albert and the City Administrator to re-
view and clarify this stipulation.
(b)
Law Enfor:,ement Agreement Proposal - The cost analysis
based upon prior years service would be the basis for
establishment of cost for the ensuing fiscal year and
then billing would be based upon an equal quarterly amount.
of that calculation. This basis provides for a tangible
figure for insertion in the budget of the City.
(c)
Acceptance of Offer to Convey Easement and Agreement of
Guarantees, from Billy G. Silzle - In accordance with pro-
visions of the Land Use ordinance, an offer to convey
easement was submitted along with an agreement guaranteeing
certain street improvements by the applicant. Councilman
Bathgate offered a resolution to accept and record said
offer and agreement. Resolution was carried by unanimous
vote.
Grant Deed for the Conveyance of Additional Right -Of -Way
along Juni-pero Serra Road and Camino Capistrano (Buchheim).
Councilman Durnford offered resolution to accept and re-
cord said documnt for the conveyance of the additional
ri.ght-of-way for Juni_pero Serra Road and Camino Capistrano
from Carl E. Buchheim and Ruth E. Buchheim. Resolution
was accepted and passed by unanimous vote.
(e)
Oyharzabal Property - Assessment District 66-1 - City
Attorney proposed to recommend settlement in a fair and
equitable amount of $2,150. On motion of Councilman Bathgate,
duly seconded by Councilman Durnford, the motion passed with
a 4 to 1 vote. Councilman Forster voting No.
NEW
BUSINESS
(a)
A proposed resolution declaring Orange County an "Operational
Area" in connection with Civil Defense organization was
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(b)
offered by Councilman Bathgate
and passed by a 4 to 1. vote.
The resolution was accepted
Authorization for the Mayor and the City Clerk to execute
on behalf: of the City of San Juan Capistrano, the assurance of
compliance with the Department of Defense and Office of Civil
Defense Regulations, was submitted, with Councilman Bathgate
offering the motion, duly seconded by Councilman Durnford and
so ordered.
(c) Director of Civil Defense request for authorization to sign
for and procure excess properties was submitted for considera-
tion. Councilman Durnford offered the resolution for acceptance
and passage. Resolution carried by a 4 to 1 vote, Councilman
Olivares voting No.
(d) The proposed resolution regarding the annual Weed Abatement
Program was submitted. Discussion was entered into with re-
gard to the City Attorney drafting an appropriate ordinance
to provide for continuous weed abatement programming. Matter
deferred until City Attorney can submit a draft of said
ordinance by next meeting.
(e) Radio Communication - Director of Finance, Harold L. Albert
had submitted together, with the Council packet, a report
from Motorola with regard to providing equipment and facilities
to promote radio communication for the City of San Juan Capistrano.
After much discussion, Councilman Bathgate moved to pursue the
lease purchase plan. Motion was seconded by Councilman Durn-
ford and motion carried !�y a 3 to 2 vote. Councilman Forster
and Councilman Olivares voting No.
(f) Owens-Illinois Railroad Spur Study Committee - Mayor Chermak
made the following appointment, Morris Misben, Jack Kubota,
Art Lavagnino to serve as a committee to study the proposal
of Owens-Illinois for the establishment of a railroad spur
line in the
San
Juan Creek area.
Said committee
is to
make
appointment
of
Chairmand among the
members. Mr.
Mike
Mars and
Bud Blair of Owens-Illinois are to be advisory members along
with John Lacouague and a representative of the Orange County
Flood Control also being advisory members.
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RECOMMENDATIONS AND REPORTS
City Administrator, Ernest A. Thompson
(a) Assembly Bill #330 regarding annexations as posed in the
state legislature whereby protests or endorsements based
upon private and public lands could be entered. The
context posed that a majority of either private or public
lands, irrespective of assessed values could protest and
therefore defeat any annexations.
(b) California Disaster Communication with regards to be
conditions by which public improvements are to be replaced.
(c) Board of Supervisors Agenda regarding San Juan Capistrano
Airport proposed lease. This was scheduled as an item on
their regular agenda, April 8, 1969.
City Attorney, John Dawson
Received from the Attorney General's Office a draft of the
proposed litigation with regards to price fixing of asphaltic
materials being purchased by the various governmental agencies.
Requested that the City Council authorize entering and being a
participant in the proposed litigation. Councilman Bathgate
offered a resolution authorizing the City Attorney, on behalf of
the City of San Juan Capistrano, to allow the Attorney General to
propose the litigation in behalf of the City. Resolution was
passed and adopted by a 4 to 1 vote.
Director of Public Works, T. J. Meadows
(a) Statement from Cappello & Sons in the amount of $28,670
was submitted. On motion of Councilman Forster, duly
seconded by Councilman Bathgate, the bill was authorized
to be paid, less 10%, subject to material and labor releases.
(b) Barnett & Thomas submitted a statement for payment on Darmi_
Interceptor Sewer Unit Il. He recommended a payment of
$14,227, less 10%, which equalled a recommendation of
$12,804.81. On motion of Councilman Bathgate, duly seconded
by Councilman Durnford, approval was granted for the payment
of said bill in the amount of $12,804.81. So ordered.
(c) Communication from the Department of Interior regarding the
qualification of the City in connection with PL660 Grant
Application, to the extent that $28,350, which constitutes
33% of the contract price will be forthcoming.
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(d) Disaster Fund PL 81-875 monies. The advance of monies
should be received within 6 to 7 weeks.
(e) Industrial Tract - Lot 1, Peralco - Recommendation in the
amount of $1,600 was submitted by the Director of Public
Works for sewer connection fees. Lot 12, Rayne Soft
Water submitted a recommendation of $800 to be the
sewer connection fee. Lot 13, Buric, Inc. in the amount
of $800 to be the sewer connection fee. On motion of
Councilman Bathgate, duly seconded by Councilman Durnford,
the recommendations of the Director of Public Works are
to be upheld. Motion passed by unanimous vote.
(f) Griffith Company - Contractor on INterstate 5 is hauling
inert material into old sewer treatment plant and providing
a D9 Caterpillar Tractor to place material into pond.
(g) Conference attendance - The Director of Public Works re-
quested to attend the California Water Pollution Conference
at Anaheim and the American Water Works Association
Conference in San Diego. On motion of Councilman Bathgate,
duly seconded by Councilman Durnford, the request for
attendance for the two conferences was approved with the
necessary expenses to be paid. The motion passed by
unanimous vote.
(h) Oso crossing has been provided for in temporary nature only.
(i.) Drainage at the Casas has been investigated, corrected and
subsequently obstructed again by pipeline construction
installing conduit for Pacific Telephone Company.
(j) Permanent barricades have been installed on either side of
Trabuco Bridge on Camino Capistrano designating, "bridge
out" and "road closed."
(k) Request authorization to provide specifications and bid
proposals for the following:
1. All streets and a11gy within the Stoffel Tract.
2. Signali_zati_on at Camino Capistano and Ortega Highway,
to install conduit only.
3. Resurfacing of Camino Capistrano from Forster Street
to Mission Street, cap coat of 2 inches.
4. Widening of Camino Capistrano at Avenida Aeropuerta.
5. Camino Capistrano Bridge at San Juan Creek - removal of
railing at an estimated cost between $5,000 and $10,000.
6. Design, advertise and construct corporation building
at old sewage plant treatment site. Estimated cost,
$30,000.
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After much discussion, Mayor Chermak offered a motion,
duly seconded by Councilman Forster to approve the first five
items of request for authorization. The matter was carried by
unanimous vote and so ordered.
City Engineer, Jack Kubota
(a) Reported the bridge at Del Obispo and Camino del Avion
had been removed. Reconstruction and repaving and re-
surfacing of Del Obispo is forthcoming.
(b) Camino Capistrano is paved adjacent to the Stewart Clark
Mobilhome Park.
(c) Had contact with San Diego freeway contractor, Griffith
Company, with regard to contingencies to still be ful-
filled.
(d) Plan checked Tract 6365, the industrial tract, for public
improvements.
(e) Had contact with the Auto Club of Southern California with
regard to location and construction of an area office to
be located at the southeeasterly corner of Camino Capistrano
and Yorba Street.
(f)
Pacific
Telephone Company proposes a
switching station
across
from the Marco Forster Junior
High School on the
south side of Camino del Avion on the Buddy Forster
property.
(g) Had conference with Owens-Illinois with regard to railroad
spur alignment and design criteria.
(h) Will draft a proposed questionaire with regard to the 1911
Act to provide for interim street improvements along Del
Obispo as it involves the Ba,tist Church and the Presbyterian
Church.
Councilman Bathgate
Questioned the integrity of a three lot division of land
adjacent to Aguacate Road.
Councilman Durnford
Reported his attendance at the Board of Supervisors Meeting
with regard to the Capistrano Airport lease proposal in that
provision was for a $1,000 a year or 17% of the airport operation
to be paid.
Councilman Forster
(a) Inquired as to gun control ordinance in the county as o
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94
how it affected the City. The City Attorney to research
and report at the next regular meeting.
(b) Flood Control finance resolution had not been received
at his latest inquiry.
(c) The Cease and Desist Order to be submitted to Vanson
Trailers had not been processed to his knowledge.
(d) A phantom communication with regard to staff reports had
been received by him.
Mayor Chermak
(a) Had attended the opening game of the American League in
which the other cities had in representation by a queen.
th
He stated the point of embarrassment in the lack that the
City of San. Juan Capistrano did not have a queen in
attendance.
(b) Questioned the control of signs as provided by City
ordinance. There should be some clarification as to
height limitations. The City Attorney to review and
report.
There being no further business, the meeting adjourned at 10:32 P.M.
E2knest A. Thompson
City Clerk -Administrator
These are the official proceedings of the City Council of San
Juan Capistrano at their regular meeting held April 14, 1969.
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