69-0728_CC_Minutes_Regular Meeting137
of an antenna pole from property of Mr. Wendell McCracken to the
property of the Orange County Waterworks District No. 4 reservoir
site, some 150 feet distance, and allow an increase in height from
the present 34 ft to 79 feet with a 20 foot antenna mounted on
top. The CityAttorney stated the basis of legal clearance to
provide for this, as set forth in the land use ordinance No. 115.
On motion of Councilman Bathgate, duly seconded by Councilman
Forster, to grant the request of the Pacific Telephone Company,
passed and so ordered.
Declared Holiday
The City Attorney rendered the basis for the validity of the
holiday, so declared, as it affected general law cities in the
State of California.
ADJOURNMENT: 7:05 P.M.
E est A. Thompson
City Clerk-Administra or
These are the official proceedings of the City Council of San
Juan Capistrano at their adjourned regular meeting of July 21, 1969.
Minutes of the Meeting of the City Council of San Juan Capistrano
JULY 28, 1969
The regular meeting of the City Council was called to order
by Mayor Edward S. Chermak at 7:02 P.M.
The pledge of allegiance was recited. Invocation was given
by the City Attorney, John Dawson.
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.
Councilman Forster requested the following correction of the
minutes of the regular meeting of July 141h, 1969 - under Recommenda-
tions and Reports, Councilman Forster, Item (a) to read as follows:
Withdrew request at this time for Management Consultant Study of the
City with the opinion that sufficient funds would be available if
the City Council decided to pursue the matter at a later date. Also,
under Recommendations & Reports, Mayor Chermak, Item (a) to read,
38
"Recommended absolutely no parking on Calle Perfecto if obstruction
!,y trucks and trailers is to persist. City Attorney is taking
,action on this by wriLing letters." The following correction was
requested on the minutes of the adjourned regular meeting of
July ".11, 1969 under City Administrator's Report, by adding the action
of the City Council. "Councilman Forster made a motion, duly
seconded by Councilman Durnford to dey an across the board living
increase and to uphold the proposed allocation projected in the
draft of the 1969-70 budget for the merit increased in salary
for the City employees. Motion carried and so ordered."
The minutes of the regular meeting of July 1411, 1969 were
then approved as corrected. The minutes of the adjourned regular
meeting of July 21, 1969 were also approved as corrected.
WRITTEN COMMUNICATIONS
(a) Legislative Bulletin from the League of California Cities re:
filling in of San Francisco Bay. No action taken at this
time by the Council.
(b) Resolution from the City of Brea regarding state imposed
programs for local government. Discussion followed with
clarification as to the intent of this law. Councilman
Durnford offered Resolution No. 69-7-28-1, voicing opposition
to state imposed programs without local control. Roll call.
was taken - AYES: Councilmen Durnford, Bathgate, Forster,
Olivares and Chermak. NOES: None. ABSENT: None. Carried
unanimously.
(c) Resolution from the City of Newport Beach relating to beaches
and shoreline. Received and filed.
(d) Letter from Dr. Watkins re: off-site directional sign. City ,
Attorney clarified present Ordinance No. 115 relating to
offsite directional signs, as well as the possibility of an
amendment. Dr. Watkins addressed the Council and explained
how their original request for a sign had been denied by
City Council on March 24, 1969 due to the fact there were no
provisions for mobil.ehome off-site or remote signs in city
ordinances. Discussion followed with regards to the
importance of all mobilehomes being considered equally, as
139
well as the expediency of the time element in amending the
ordinance. Councilman Forster stated there should be
adequate controls and also reiterated his statement from
the May 261h minutes, that any mobilehome park proposed to be
developed within the City of San Jinn Capistrano, he will
personally ask for review as per Ordinance No. 154. City
Attorney to coordinate with City Planner in an effort to
provide a fair and adequate control sign amendment for the
council's consideration. First reading by title only was
offered by Councilman Durnford, seconded by Councilman
Bathgate, carried unanimously.
(e) Received communication from Contressman Utt re: HR 3780 bill
regarding voluntary answers rather than mandatory on the
census. Received and filed by the Council.
ORAL COMMUNICATIONS
Mr. E. L. Christiansen was recognized by the Council re:
exoneration of Bonds for Tract 4678 and 5125. Councilman Bathgate
moved that a certain Minute Order of the City Council of the City
of San Juan Capistrano, ordered and dated November 21, 1966, be
amended "nunc pro tune" to read as follows:
"NEW BUSINESS
(b) Mr. E. L. Christiansen appeared before Council requesting
exoneration of Street Improvement Bonds on Tracts 4678 and
5125 (DARMI). Upon recommendations of City Attorney and
City Engineer, Councilman Bathgate moved that $167,300.00
of the $170,000.00 Street Improvement Bond for Tract 4678
be exonerated effective as of this date, November 21, 1966,
and that a substitute bond or cash deposit be posted in the
remaining amount of $2,700.00 for drainage facilities for
said Tract 4678; and that the Street Improvement Bond for
Tract 5125 be exonerated as of this date, November 21, 1966."
Motion seconded by Councilman Durnford. The motion carried
unanimously and was so ordered.
TREASURY DEMANDS
Councilman Forster clarified his MWD expense by stating that
this amount also included the League of Cities Meeting expense.
Councilman Bathgate moved, seconded by Councilman Durnford to
grant Warrant #4398 through #4488 in the amount of $124,283.46 be
7r id; motion carried unanimusly.
PIANNING COMMISSION MATTERS
Discussion relative to Item 8f in the Planning Commission
Minutes. Councilman Bathgate stated if the City bears expense
of alignment, then it would be to the advantage of the City,
especially in the case of eminent development. The City Engineer
c arified the importance of the alignment and suggested a meeting
w th Don Martinson of Lowry -Engineering Science with regards to —
aerial photography. Item held over until next meeting at such
t_me the City Engineer will report his findings to the Council.
UNFINISHED BUSINESS
(.z) Proposed contract agreement for trash disposal_ with
Truman W. Smith Disposal discussed by Council. City
Attorney specified escalation clause. Councilman Bathgate
added that if at any time dependable service ever becomes
inconsistent, then the contract will be open for re-
negotiation. Councilman Durnford moved to extend the
contract to Truman W. Smith Disposal for 5 years on the
basis of his letter of submittal regarding his proposed
rate schedule, seconded by Councilman Olivares. The
record so states that Councilman Forster abstained from
any conversation or discussion or voting on this subject
due to a possible conflict of interest. Motion carried
4 to 0.
(b) Mr. Douglass of Douglass -Pacific Corp. was recognized by
the Council re: bond exoneration on Tract 6169. After dis-
cussion by the Council, it was recommended by the City —
Engineer that three bonds be exonerated - sewer bond in
the amount of $30,000, street lighting bond in the amount of
$6,500 and street improvement bond in the amount of $64,000.
Councilman Forster moved, seconded by Councilman Durnford
to exonerate these three bonds for Tract 61.69, carried
unanimously.
(c) Councilman Bathgate moved to exonerate Bond #71.2980 for the
Northlode Exploration Company, represented by Mr. Guthrie,
seconded by Councilman Forster, carried unanimously.
7--2,9-69
141
NEW BUSINESS
(a) Weed abatement proposed resolution setting forth a list of
charges for weed abatement on various parcels of property
within the City. Director of Public Works, Mr. Meadows,
reported that work is completed by Bill Reid and he will
report on this at next meeting. Councilman Forster offered
Resolution No. 69-7-28-2. Roll call was taken - AYES:
Councilmen Forster, Bathgate, Durn%ord, Olivares and
Chermak. NOES: None. ABSENT: None.
(b) Proposed engineering agreement submitted by Lowry
Engineering Science. Mr. Don Martinson clarified the
detailed engineering on a time and material basis.
Councilman Durnford moved, seconded by Councilman Bathgate
to authorize the Mayor and City Clerk to sign the agreement,
carried unanimously.
(c) Budget - it was pointed out at this time by the Mayor,
that the work and study sessions had been very adeguate
up to the present time. Further investigation was
recommended on the reclassification and salary structure.
Councilman Durnford moved to accept the recommendation of
the Director of Finance for accepting the Budget as a
guideline for the 1969-70 fiscal year, seconded by
Councilman Bathgate, carried unanimously. Councilman
Durnford offered Resolution No. 69-7-28-3 establishing
and imposing the ad valorem tax rate at 90( per $100 a.v.
for the fiscal year 1969-70. Roll call was taken - AYES:
Councilmen Durnford, Bathgate, Forster, Olivares and
Chermak. Councilman Bathgate offered Resolution No.
69-7-28-4 for establishing and imposing an obligation
bond assessment rate of 30� per $100 a.v. for redemption
purposes for the fiscal year 1969-70. Roll call was
taken - AYES: Councilmen Bathgate, Durnford, Forster,
Olivares and Chermak.
(d) Councilman Bathgate offered Resolution No. 69-7-28-5 for
the acceptance and recordation of the deed for the division
of the Rosenbaum land on the northwest corner of Mission
and Camino Capistrano. Roll call was taken - AYES:
142
Councilmen Bathgate, Durnford, Forster, Olivares and Chermak.
RECOMMENDATIONS AND REPORTS
City Administrator - Ernest A. Thompson
(a) Mr. Osborne of thoD Orange County Flood Control District has
confirmed he will be at the next meeting (August 11th) of the
City Council.
(b) Reported Item 40 on the Board of Supervisors Agenda shows
San Juan Creek scheduled for construction.
City Attorney - John Dawson
(a) Reported that the Chade's have executed their easement
deed.
Director of Public Works - T. J. Meadows
(a) Made request to hire a new employee in the Public Works
Department and also the treatment plant, since Mr. Arcy
has retired. Councilman Forster moved to grant request to
recruit for replacement of Mr. Arcy, seconded by Councilman
Bathgate, carried. unanimously.
(b) Reported that he and Mr. Kubota have received informal bids
re: street improvements. The Griffith Company appears to be
low bidder (the San Juan Creek Bridge was excluded in the
lob).
(c) P.L. 875 - representative met with him re: our funds for our
flood damage and stated that we should be hearing something
on it within a few days.
(d) He and the City Engineer inspected Camino Capistrano and
San Juan Creek Road on ramp to freeway - conclusion being that
there is no possibility for a left turn pocket.
(e) Effort is still being made to fill the old sewer treatment
pond site.
(f) Reported that City has to be a member of S.C.A.G. before
HUD funds are available.
(g) Progress on 04-1 - Mr. Cappello reported that sections of pipe
are washed out due to large trees and that work is now being
done on the remaining breaks.
7-1>4-111
14c
City Engineer - Jack Kubota
(a) Reported in the July Bulletin from the State Division of
Highways that work will be started by February of 1970 for
the Las Ramblas interchange.
(b) Tract 5702 - Sant -Belinda Corp. progressing very well.
(c) Construction has started on the Mobilehome Pagent display
site.
(d) Plan check re: division of land - Forster and Pacific
Telephone.
(e) Showed the Council the areas of property under consideration
for mobilehome parks. At this point, the City Planner also
showed 5 more sites which he has had inquiry re: mobilehome
developments. Discussion followed with regards to setting
a moritorium on all Mobilehome Parks since a7 o ,z L-?'
Use Permits.
Cauncilman Batheate
Reported that the committee met with Mr. Amestoy who will
submit a proposal re: the Building site for the temporary City
Hall facility and permanent Public Works Facility. Should be
hearing from him within the next two weeks. Suggested the City
start requesting bids no later than September 1st.
Councilman Forster
(a) Suggested TRW give presentation at the League of California
Cities Meeting scheduled for August 2811 on the Apollo project
and flights.
(b) Suggested naming park in perpetual memorial for Harold L.
Albert upon acquisition of Lot 60, Tract 5974. Final
determination to be continued.
Moor Chermak
Mentioned the loss the City feels due to the death of our
Director of Finance, Harold L. Albert.
ADJOURNMENT:
The meeting adjourned at 10:16 P.M.
1��.L.Lf L ( 1-C- • c7 to�c-�
Ernest A. Thompson
City Clerk -Administrator
These are the official proceedings of the City Council of San Juan
Capistrano at their regular meeting of July 28th, 1969.
7 -z? -69