69-1013_CC_Minutes_Regular MeetingOCTOBER 131h, 1969
MINUTES OF THE MEETING OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order
by Mayor Edward S. Chermak at 7:00 P.M.
The pledge of allegiance was recited. Invocation was given
by the City Administrator, Ernest A. Thompson.
The City Clerk called the roll. Councilmen present: William
A. Bathgate, Thomas A. (Tony) Forster, Antonio M. (Tony) Olivares
and Edward S. Chermak. Councilman Don Durnford was absent.
There was a correction to the minutes of. September 22, 1969.
Under Staff Reports - Director of Public Works, Item (b) - add the
underscored - Resolution No. 69-9-22-1 was introduced by Councilman
Forster for the City to act as agent for property owners in con-
nection with the pavement of the 30 foot parking reservations shown
on Tract 1269 and 1388 and to have a copy of this resolution along
with a cover letter, sent to these property owners. Item (d) -
Mayor will appoint an advisory committee which could become a Parks
and Recreation Committee. Under Committee Reports - add the following
sentence - Councilman Forster also stated he would like the record
to reflect, that in the opinion of the City Attorney, there is no
conflict of interest in retaining Mr. Lavagnino as the architect for
the City Hall facility. Under Planning Commission Matters, add,
City Attorney offered legal opinion re: the effective date for
commencement of appeal period is the ate that the Planning Commission
conditions a permit. Under New Business, Item (c) - Mr. Douglas
Walton addressed the Council and questioned what percentage of the
adults in the mobilehome parks have a voice in voting for or against
any school issues or school bonds.
The minutes of the regular meeting of September 22nd, 1969 were
then approved as corrected.
The minutes of the Special Meeting of October 1, 1969, were
approved as pres-nted.
TAFF REPORTS
City Administrator - Ernest A. Thompson
(a) Reported on four items of interest on the Board of Supervisors
Agenda - item #29 re: proposed negotiation of joint powers
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agreement- Trabuco Creek Flood repair; item #30 re: proposed
permit for stream measuring station, San Juan Creek Channel;
item #31 re: proposed agreement on water facilities for Tract
6365 Waterworks District No. 4, Capistrano Airport and
Industrial Park, Ltd.; and item #55 re: offer to purchase
certain Flood Control District property, Capistrano Airport
and Industrial Park, Ltd.
(b) A family has moved into the city park facility in the capacity _
of a caretaker. Mr. John Woodward has been employed as a
handyman to replace doors and repair screens.
(c) Two proposals have been received with regards to interest in
the park site - this will be discussed later in the agenda.
Citv Attornev - John Dawson
Read two resolutions in their entirety relating to smog and
the suit brought against the automobile industry regarding violat_1on
of the Sherman Anti-trust Act. Cou:+tciman Forster offered Resolution
No. 69-1.0-13-1 relating to the City Council of the City of San Juan
Capistrano recognizing the increasing encroachment of smog into San
Juan Capistrano and urging legislative action at all levels to solve
the problem of air pollution. Roll call was taken - AYES: Councilmen:
Forster, Bathgate, Olivares and Chermak. NOES: None. ABSENT: Council-
man Durnford.
Resolution No. 69-10-13-2 was offered by Councilman Bathgate,
urging the Justice Department to set aside its consent decree in the
automobile manufacturers and anti-trust action so that full public trial
may proceed on the anti -smog matter. Roll call was taken - AYES:
Councilmen: Bathgate, Forster, Olivares and Chermak. NOES: None.
ABSENT: Councilman Durnford.
Finance Director - Paul P. Lew
Submitted written memo to the Council re: the increase in Blue
Cross Insurance rates due to the high cost of living.
Director of Public Works - T. J. Meadows
(a) Toups Engineering (Design Engineers for Orange County Water-
works District project at Well #5) have contacted him regarding
permission to discharge 400 gallons in a 90 minutes period,
e..-ery 48 hours into the city's sewer system. Lowry Engineering
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Council and stated this amount would fill the City's sewer
main pipeline to capacity. There would also be the problem
of the discharge of iron and manganese into the system as well
as the additional load to the Treatment Plant. The City At-
torney questioned what affect this would have on our land out-
fall. Also, there was no time stipulation. Question was also
raised as to why the Waterworks District No. 4 should spend
this much money to put the water treatment facility in use, or
why it is necessary to go this route. Mayor requested that a
letter of explanation be submitted by the 0. C. Waterworks
District No. 4.
(b) The Trabuco temporary crossing officially opened on October 1311,
and Mr. Meadows notified the school district. Councilman Bath-
gate made suggestion of marking centerline for safety factor.
(c) Notified by the State of California Division of Highways of
their approval for entering into participation of the drop
structure - $100,000 joint project.
(d) Bid opening was Friday, October 10th re: The demolition of the
Trabuco Bridge. Mr. Don Martinson clarified to the Coincil
the extreme range of the amounts in the bids was not unusual
according to some of the representatives he contacted from
the State. Councilman Forster moved to have the low bid
accepted, seconded by Councilman Bathgate, carried 4 to 0.
Councilman Forster offered Resolution No. 69-10-13-3 to
accept the low bid from Gangi Excavating Company to do the
demolition work on the Trabuco Bridge for $9,800. Roll call
was taken - AYES: Councilmen: Forster, Bathgate, Olivares and
Chermak. NOES: None. ABSENT: Councilman Durnford.
(e) Progress is going very well. on the reconstruction of the paving
on our local streets by the Griffith Company.
(f) Bid opening is Tuesday, October 14th for the Corps. of Engineers
to do work in San Juan Creek and on the Ganado Bridge, which
brings up the question of the Ross well. Discussion was made
with the principle involved and council was not in accord with.
the proposed agreement which had been drawn up. It was also
min -,boned at this time that the Orange County Flood Control
District did not agree with the City as to how the pipe should
be laid in the creek bottom. The City's obligation is not to
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was consulted and Mr. Don Martinson was recognized
by
the
Council and stated this amount would fill the City's sewer
main pipeline to capacity. There would also be the problem
of the discharge of iron and manganese into the system as well
as the additional load to the Treatment Plant. The City At-
torney questioned what affect this would have on our land out-
fall. Also, there was no time stipulation. Question was also
raised as to why the Waterworks District No. 4 should spend
this much money to put the water treatment facility in use, or
why it is necessary to go this route. Mayor requested that a
letter of explanation be submitted by the 0. C. Waterworks
District No. 4.
(b) The Trabuco temporary crossing officially opened on October 1311,
and Mr. Meadows notified the school district. Councilman Bath-
gate made suggestion of marking centerline for safety factor.
(c) Notified by the State of California Division of Highways of
their approval for entering into participation of the drop
structure - $100,000 joint project.
(d) Bid opening was Friday, October 10th re: The demolition of the
Trabuco Bridge. Mr. Don Martinson clarified to the Coincil
the extreme range of the amounts in the bids was not unusual
according to some of the representatives he contacted from
the State. Councilman Forster moved to have the low bid
accepted, seconded by Councilman Bathgate, carried 4 to 0.
Councilman Forster offered Resolution No. 69-10-13-3 to
accept the low bid from Gangi Excavating Company to do the
demolition work on the Trabuco Bridge for $9,800. Roll call
was taken - AYES: Councilmen: Forster, Bathgate, Olivares and
Chermak. NOES: None. ABSENT: Councilman Durnford.
(e) Progress is going very well. on the reconstruction of the paving
on our local streets by the Griffith Company.
(f) Bid opening is Tuesday, October 14th for the Corps. of Engineers
to do work in San Juan Creek and on the Ganado Bridge, which
brings up the question of the Ross well. Discussion was made
with the principle involved and council was not in accord with.
the proposed agreement which had been drawn up. It was also
min -,boned at this time that the Orange County Flood Control
District did not agree with the City as to how the pipe should
be laid in the creek bottom. The City's obligation is not to
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176
the extent of paying for another well site. Annexation was
brought up with regards to the possibility of the property
owner joining the water district. Discussion brought out the
fact that the City Engineer and the Director of Public Works
will try to work in close cooperation with the demolition crew.
Councilman Bathgate moved to replace the Ross waterline to a
point at the embankment at a $1,000 maximum cost, or for the
$1,000 maximum fee to be paid in lieu or applied to the district,
seconded by Councilman Forster, carried 4 to 0.
(g) ff875 Fund approval has been received and a check should be
forthcoming. The Director of Public Works clarified some of
the major items of request. He will now make application to
the state for the balance of money needed. The joint powers
agreement with the Orange County Flood Control District and
the Division of Highways should reduce the original figure set
for restoration of the bridge.
(h) Request was made for a barricade to be put up where the paving
stops, southerly of the La Golondri_na Motel.
City Engineer - Jack Y. Kubota
(a) Plan check - revised improvement plans for LUP 69-102 for
Alipaz.
(b) Tract 6969 improvement plans are being completed for approval.
(c) Tract 6225 - re: street improvements - Kolbet Tract proposed
new subdivision.
COMMITTEE REPORTS
Councilman Forster attended the school distrri.ct meetingiand
had the opportunity to speak with Mr. Joe Wimer regarding the
school property. Councilman Forster made preference to the
athletic field's 8 acres. Possibility of disposition could be
made by the school district to the City without going to public bid.
WRITTEN COMMUNICATIONS
(a) Letter of request from the Fiesta Association for "Adios to
the Swallows" pageant signs to be posted. Councilman Forster
moved, subject to the normal conditions, to grant the request,
seconded by Councilman Bathgate, carried 4 to 0. Councilman
Forster at this tiite commended the Fiesta Association for
their interest in the youth of the community.
(b) Press will. print letters of appreciation sent to the Council.
(c) Letter from Birtcher Pacific. Mayor retracted statement made
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before re: factors to be considered for the development and
was shocked that the Planning Commission worked on this for
over a year and the Councl-I was expected to make a decisi.oii
in one meeting. Recommended the City intercede and acquire
right-of-way and do the negotiating but not for the
City to become financially ob1 a. 1. He believes less
proble.c> ' be encountered if the easement went on th=
Kinoshita and school property due to the location of the
waterline and damage to the crops. Length discussion followed
with quest.`:.-- r 'sed as to whether or not this would be a
benefit to the Kinshita property, as well as using tax dollars
for improvement districts in other areas. City Attorney clari-
fied con,'.e a,�_- tion and policy of the City providing eminent
domain. City would procure right of way----.sement and stand cost
time, not crop damages though. Developer should stand cost of
easement and city should participate on a reimbursible plan.
Councilman Forster moved to have the City exercise its power
of eminent domain to acquire the easement, seconded by
Councilman Bathgate, carried 4 to 0. Reimbursement to be on
an acreage basis to the City. The City Attorney needs
accurate legal description and staff was directed to work
with Birtcher Pacific people regarding the agreement. (City
Attorney clarified documents of agreement with Del Obispo).
(d) Letter of request from the American Legion Post No. 721 re:
proposed lease of city park site. Capistrano Lions Club
also submitted a letter of request for the lease of the park
site. The five year lease agreement was discussed as being
too lengthy a time. City Attorney was instructed to draft an
agreement for such a service club to take jurisdiction, with
a cancellation time clause of one year as well as investigation
into an -insurance clause, other uses clause, veto power by
the City Council for activities, and approval by the Council
for any major reconfiguration and landscaping change. Mr.
Howard Pepper of the American Legion Post 721 was recognized
by the Council and explained the reasoning for requesting a
long lease was due to the expense the Legion would go to in
purchasing tables, chairs, etc. Mr. Bill Huffer of the Lions
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Club felt their participation could render good service to
the community with the park site as their meeting site. It
was pointed out by the Mayor that the most important item
is for the general clean up of the park site to be the
most immediate concer. Hopefully, by next session, the
City Attorney will have a draft of an agreement which may
be considered by the service organization.
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(e) Request from the Community Presbyterian Church for a 6 month
extension on the temporary certificate of use and occupancy -
Councilman Forster moved to grant the request, seconded by
Councilman Bathgate, carried 4 to 0.
ORAL COMMUNICATIONS
Mr. Bruce Winton, President of the Chamber of Commerce,
addressed the Concil, briefly mentioning the work the Chamber is
doing with relation to putting out new brochures on the City and
then introduced Mr. Gerald Gaffney. Mr. Gaffney read a letter of
request for finds to purchase 1400 feet of Christmas lights due to
the fact the ones previously purchased by the Chamber for the City's
downtown area had burned in the fire of Consolidated Supply where
they had been stored. Councilman Bathgate moved to grant $1,400
be expended for the Chamber to purchase 1400 feet of Christmas
lights, seconded by Councilman Forster, carried 3 to 1 with
Councilman Olivares voting noe.
TREASURER'S REPORT
The Finance Director was commended on the thoroughness and
clarity of the quarterly fi-nancial report presented to the Council.
Council members will take this under study and bring up again for
discussion at the next regular meeting.
PLANNING COMMISSION MATTERS
(a) Councilman Forster questioned Item #7 in the Planning Com-
mission Minutes re: mobilehome parks. Questioned the
acreage involved around Alipaz and to review the 330 space
mobilehome park going in on the Oyharzabal property stating
that approximately 150 acres would be affected, mainly
property owners to the west and to the south. Mr. Reichart
was recognized by the Council and stated what the original.
intent was for the particular piece of property (triangular
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