70-0209_CC_Minutes_Regular Meeting231
FEBRUARY 9, 1970
MINUTES OF THE MEETING OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO
The regular meeting of the City Council of the City of San Juan Capistrano
was called to order by Mayor Edward S. Chermak at 7:01 P.M.
The pledge of allegiance to the flag was recited. Invocation was given by
the 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
Chermak.
The minutes of the regular meeting held January 26, 1970 were approved as
corrected. Those corrections noted are as follows:
(a) Public Hearing - (top of page 4), insert after "procedural matter,
Councilman Forster disqualified himself from City Council participation
and spoke from the floor as an interested party and citizen. He opposed
the consideration of the precise alignment for Camino del Avion on the
basis of its being premature. Public Hearing closed".
(b) Written Communications - Item (c) - "carried unanimously" instead of
carried 114 to 1". Strike the wording "Councilman Olivares voted NOE".
(c) New Business - Appointment of Paul P. Lew to the Retirement Committee is
hereby rescinded due to the fact that appointment must be made by the
Retirement Board and not by Council action. Councilman Forster moved, duly
seconded by Councilman Bathgate. So ordered.
STAFF REPORTS
City Administrator - Ernest A. Thompson
(a) Reported that he had been informed of a youth attaining the rank of
Eagle Scout. This youth, Ross Sturdevent, is a resident of this City
and a member of a local scout troop. Therefore, made inquiry of the
City Council if they were desirous of making an expression to recognize
and commend this youth for his accomplishment. After a brief discussion,
Councilman Bathgate offered a resolution, Resolution No. 70-2-9-1 for
adoption. The resolution was accepted and approved by unanimous vote.
(b) Pacific Telephone Company submitted a request that the company be granted
waiver of submitting a surety bond for guaranteeing the installation of
street improvements on Camino del Avion in connection with D.O.L. 69-105.
The basis of the request was that the telephone company is a franchised
agent doing business within the city limits, also the company is self
insuring.
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(b) City Attorney, John H. Dawson, advised that a letter of commitment,
signed by an authorized corporate officer, would be sufficient. In
view of legal counsels statement, Councilman Bathgate made a motion
granting relief of providing a surety bond with the condition that an
appropriate letter of commitment be filed with the City. The motion
was seconded by Councilman Durnford, passed and so ordered.
(c) Letter from the Capistrano Unified School District regarding the
submittal of the counter-offer from the City for purchase of property.
Informational.
(d) Notice of the Executive Committee meeting of the Orange County Division
of the League of Cities to be held Thursday, February 12, 1970, at
Freidemann Hall. Informational.
(e) Submitted copies of the resolution passed by Local Agency Formation
Commission approving the proposed establishment of Orange County Water-
works District No. 4 as a subsidiary district of the City. Informational.
(f) Letter from Art Lavagnino requesting the City Council to give serious
consideration before making an appointment for filling the vacancy on the
Architectural Board mf Review.
(g) Personnel matter - John Jimenez, an employee in the Public Works Department,
will complete the six (6) months probationary period and the Director of
Public Works has recommended that John Jimenez be retained as a permanent
employee with the appropriate merit increase from $516 to $545 per month.
Councilman Durnford made a motion to uphold the recommendation of the
Director of Public Works. Motion duly seconded by Councilman Bathgate,
passed and so ordered.
City Attorney - John H. Dawson
(a) Reported that the property owner is willing to grant a 501 easement to
the city for public access to the proposed temporary city hall facilities
building provided however that the City construct all the street improve-
ments at no cost to the property owner. Discussion followed with comments
to alternatives and classification of use, i.e."a.long driveway". The
City Council directed the City Attorney, the City Engineer and the Director
of Public Works to review the matter further.
(b) Outdoor Advertising Billboard - Submitted a copy of the court injunction
stipulating that the billboard to be removed by December 31, 1969 and now
would be subjected to a "contempt order".
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Minutes of the Meeting of February 9, 1970
Director of Finance - Paul P. Lew
Submitted the monthly report of revenues and disbursements for January,
1970. Councilman Bathgate moved, duly seconded by Councilman Forster, to
accept the report and file it for audit. Motion passed.
Director of Public Works - T. J. Meadows
(a) The proposed building facility to be constructed by the Pacific Telephone
Company containing 12,315 square feet requires a sewer connection fee in
the amount of $2,025.00, and so recommended. Councilman Bathgate moved to
uphold the recommendation, duly seconded by Councilman Durnford and so
ordered.
,2-9-.2 (b) Introduced James Okazaki, special legal counsel in the matter of estabish-
Ing Orange County Waterworks District No. 4 as a subsidiary district of
the City.
Mr. Okazaki proposed a resolution to be adopted by the City Council in
order to accomplish the next step in the proceedings. Resolution No.
70-2-9-2, Resolution Requesting the Board of Supervisors to Initiate
Proceedings for the Establishment of Orange County Waterworks District
No. 4 as a Subsidiary District of the City of San Juan Capistrano, was
read in full. Councilman Bathgate offered the resolution for adoption.
The resolution was accepted and passed by unanimous vote.
(c) Introduced Mr. Don Martinson and Mr. Frank Fehse in regards to the matter
of "Interim Sewerage Facilities Agreement of 1970119 item #10 on the agenda.
Expanded clarification of the proposal and the context was given by Don
Martinson, Frank Fehee, Alex Bowie and Fritz Stradling. Following the
discussion, Councilman Durnford offered a resolution, Resolution No.
70-2-9-3 authorizing the mayor and city clerk to sign the agreement.
The resolution was accepted and approved by unanimous vote. So ordered.
A contingent matter regarding a possible trip to Chicago to contact
officials of the Santa Fe Railroad, in.order to expedite a license to
construct within railroad right of way was set aside.
City Engineer - Jack Y. Kubota
(a) Tract No. 6269 (Westport Enterprises) - street improvement plans being
checked.
(b) Tract No. 7160 (Westport Enterprises) -street improvement plans being
checked. These plans provide for an automatic crossing for Oso Road at
the Santa Fe Railroad.
(c) Tract No. 6958 (Mission Hills Ranch) in for checking.
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(d) Tract No. 5702 - Acceptance of all improvements with the provision of
a substitute bond for guaranteeing the construction and installation
of appropriate improvements in the model sales area. The substitute bond
has been submitted in the amount of $1,400. Therefore, recommendation
was submitted to exonerate the street improvement bond and the street
lighting bond and the monumentation bond. Councilman Bathgate moved to
uphold the recommendation of the City Engineer and exonerate the bonds,
further, to accgpt the substitute bond. The motion seconded by Council-
man Durnford was duly passed and so ordered.
(e) Del Obispo Street, as an A.H.F.P, project, goes before the Technical
Advisory Committee. The project has qualified in all respects thus
far.
� -7-�" (f) Traffic study referral for curve on Calle Chueca, being made, is
therefore recommended to have the northwesterly curb, approximately
100 feet in dimension, to be painted RED and posted "NO PARKING".
Councilman Forster offered the appropriate resolution, Resolution No.
70-2-9-4, for adoption. The resolution was approved unanimously.
COMMITTEE REPORTS
The Mobilehome Study Committee submitted a 20 page majority report.
(Committeeman Wendell McCracken is to submit a minority report). The City
Council received the report and the Mayor set a date of Tuesday, February 17,
1970 at 7:00 P.M. to be a study session to be attended by the City Council,
Planning Commission and the Mobilehome Study Committee.
WRITTEN COMMUNICATIONS
(a) Harbor District report - informational.
(b) Public Utilities Commission notice of hearing - informational.
(c) Resolution from theCity of Westminster received. City Clerk to research
and report the basis of determination.
(d) Letter of request from the Humanities Club at San Clemente High School
for permission to hold a bake sale in front of the Mission on Saturday,
March 14, 1970. Councilman Forster made a motion to grant permission,
with conditions. Motion seconded by Councilman Bathgate. Carried and
so ordered.
ORAL COMMUNICATIONS
The San Juan Beautiful Committee of the Chamber of Commerce appeared
before the City Council to request funds for plastic disposable liners for
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Minutes of the Meeting of February 9, 1970
trash cans; to ask participation in container pickup at a cost of 251, each;
and to provide maintenance for shrubs and trees in wooden tubs, soon to
be placed along Camino Capistrano. Gep Durenberger, spokesman for the
committee appealed to the City Council for serious consideration. Considerable
discussion followed. Councilman Forster made a motion that the committee
contact the Director of Public Works and determine some cost factors and
program requirements. Seconded by Councilman Bathgate. Motion passed and so
ordered.
PLANNING COMMISSION
(a) Item 8b in the minutes of the Planning Commission referred to a letter
of request for an extension of time for variance application L.U.P.
68-108 (Holbert-McCaslin). The City Attorney had given an opinion
that the request was beyond the provisions of the ordinance for land
use and therefore no further consideration can be given.
(b) Item 8c, regarding attendance of the annual conference of A.S.P.O.
was determined to be of minimum importance that none of the commissioners
will attend.
UNFINISHED BUSINESS
Precise Alignment for Camino del Avion - continued from the regular
meeting held January 26, 1970.
Councilman Forster again disqualified himself from City Council participa-
tion and spoke as an interested citizen. He maintained that the consideration
was premature. Further, that the condition of concern should more appropriately
be where development is more eminent in the unincorporated area of county land,
rather that the area within the city limits. After brief discussion, Councilman
Bathgate made a motion to table the matter as "this is not the time" to make
this determination. Seconded by Councilman Durnford. Motion carried.
(Councilman Forster abstained from voting).
COUNCILMEN REPORTS
(a) Councilman Bathgate - inquired as to the status of the La Novia precise
alighment. City Engineer, Jack Kubota responded.
(b) Councilman Durnford - reported the culvert on Ramos Street was plugged
and should be cleaned and maintained.
(c) Councilman Forster - (1) Inquired of theCity Attorney if payment had
been made to Mrs. Eugenie Oyharzabal for the land outfall sewer easement,
and, (2) commented to the requirement for installation of skirting on all
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Minutes of the Meeting of February 9, 1970
mobilehome display units at the Mobilehome Pageant sales lot. Mr. Bob
Johns responded to the matter reflecting the process presently being
pursued; (3) Inquired about the difference in front yard setbacks for
the veterinary hospital and the mobilehome display areas. Mr. Johns
related the zoning and time differential in code requirements. (4)
Reported being contacted by various homeowners concerned with the apparent
"double taxation" for sewer services within the city.
(d) Mayor Chermak - (1) Suggested that the Planning Commission institute a
notice to the property owner of the burned out area of Consolidated
Supply Company to clean up the fire area and properly fence the site
to suppress the hazardous condition there. (2) Proposed that some
standards and controls be imposed upon vegetable and fruit stands in
order to maintain presentable structures. (3) Offered a resolution
proclaiming March 1 - 7, 1970, as "Early Childhood Education Week".
Resolution was adopted. (4) Announced the general assembly meeting of
S.C.A.G and L.A.R.T.S scheduled February 18, 1970, at the Hilton Hotel in
Los Angeles. (5) Received a copy of Assembly Bill regarding financial
interests and conflicts thereto, and (6) Suggested that a program be
established to schedule some improvements and/or utility conversion
for the parksite on Lot 60, Tract 5974.
ADJOURNMENT
The meeting adjourned at 10:18 P.M.
Respectfully submitt`6
est A. Thompson
City Administrator
City Clerk
FEB 91970
for disclosure of assets over $10,000. Discussion ensued. A.B. #51 provides
filing asset statement up to and including April 6, 1970. City Attorney
will keep the Council apprised of any change in law re: this issue.
City Attorney was questioned by Councilman Forster regarding access to city
property for proposed City Hall site. Council expressed all that was needed was
right of egress and ingress, rather than 50' easement. City Engineer made
suggestion of preparing a sketch for the City Attorney to present to the
Oyharzabal's attorney. Mayor suggested property owner should be informed
of what is going to be expected re: improvements at such time as property is
developed. Staff is to compile data and report to the Council in 2 weeks.
Council directed City Attorney to issue contempt proceedings on the outdoor
advertising billboard located southerly of San Juan Creek bridge.
Finance Director Report: Paul Lew
Reported the Gestetner quotation for a new machine was approximately $700. Sub-
mitted a cost breakdown for copying machines and made recommendation for a
Zerox machine to be installed. Council questioned maintenance, cost of paper,
etc. Councilman Forster motioned to enter a lease agreement with Zerox for a
660-1 machine, seconded by Councilman Bathgate, carried unanimously. Councilman
Forster also made recommendation to retain the SCM copying machine for emergency
purposes.
Submitted the list of demands for the month of February. Councilman Forster made
a motion to approve for payment Warrant #4899 through 4952 in the amount of
$33,167.29, seoncded by Councilman Bathgate. So ordered.
Director of Public Works Report: T. J. Meadows
Reported to the Council that when the Viking Co., contractors for the proposed
City Hall site, began digging on the site for burying the fuel tanks, they ran
into the old cement bottom from the trickling filter. Requested authorization
to hire a loader/grader to break it up at an estimated cost of $400 to $500, so
contract with the Viking Co. need not be amended. Councilman Forster moved to
have the Director of Public Works negotiate for the dirt moving, etc., seconded
by Councilman Bathgate, so ordered.
Made a recommendation for annual merit increases for James Olivares (from $608
to $641) and Al Sanchex (from $575 to $608) and probationary review and placed
on permanent status for Ruth Marquard (from $440 to $464). Also requested
Ruth Marquard be reclassified to Steno -Secretary. Discussion by Council deferred
any action until Personnel Director can review. Probationary review and placement
on permanent status was also requested for Paul Lew (from $842 to $889). Council-
man Bathgate moved to uphold the recommendation of the City Administrator,
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Minutes of the Meeting of February 24, 1970
seconded by Councilman Durnford carried.
Appraised Council that the proposed Serra contract will be brought to the Council
at the next meeting. City Attorney stated he will be sending a written analysis
re: this issue to each of the Council members.
Reported he will be meeting with the San Juan Beautiful Committee on Thursday,
February 26 re: trash containers and planting of trees.
Reported he had heard from Mr. Lloyd of theSanta Fe Railroad re: application for
sewer encroachment. The license fee would be an annual charge of $645 and a
one time charge of $150. Mr. Don Martinson addressed theCouncil to explain
how this figure was apparently arrived at - the 20' easement is nearly an acre
of land, at a value of approximately $10,000 - $12,000 per acre, at 6% interest.
Council discussion brought out the point of this being a very excessive amount,
for simply putting a pipe in the ground and not purchasing the land. Council-
man Forster questioned if condemnation would be possible - City Attorney to
research and report back to the Council. Discussion also included agreement
with Santa Margarita and Moulton -Niguel Water Districts and the possibility of
having to pay for a second license fee when we put in a second barrel. City
Attorney and the Director of Public Works will check into what it would entail
if a second line were installed.
City Engineer Report: Jack Y. Kubota
Reported that although the city's driveways are a standard 35', he has permitted
the Fire Department m have a 60' driveway to accommodate the large fire trucks.
At the last regular meeting, the Telephone Company had asked for a waiver of
the request to post bond - releasing tomorrow.
The A.T.&S.F. Railroad are proceeding with the railroad crossings of automatic
gates and flashing lights and road repair of Del Obispo road at the railroad
crossing,
No further response from the Giddings people - state is prepared to approve.
McCall (Gannon property) is prepared to move ahead.
WRITTEN COMMUNICATIONS:
Resolution of the Board of Supervisors of Orange County supporting the expansion
program of S.C.A.G. - informational, no action taken by the Council.
Letter from the Orange County Health Department re: proposed ordinance establish-
ing regulations for Mobile X -Ray Units. Council to adopt like ordinance.
FEB 2 41970
Councilman Durnford moved to have City Attorney read by title only, seconded
by Councilman Bathgate. City Attorney read first reading of proposed Ord.
No. 158 by title only.
Letter from the San Juan Capistrano Fiesta Association requesting permission
to decorate the city streets during Fiesta Week. Mr. Tom Wilson addressed
the Council and stated a mission bell and serape were the items to be used
for the downtown district. Councilman Durnform moved to grant the request,
seconded by Councilman Bathgate, carried and so ordered.
Letter from the City of Stanton requesting the California State Legislature
to introduce legislation pertaining to Mobilehome Parks. City Attorney
explained the resolution, state requirements as comparied to city. Closed
parks were also discussed. No action taken by the Council on this matter.
PLANNING COMMISSION MATTERS
Minutes of Planning Commission meeting of January 6, 1970 noted: Re: Public
Hearing on RZ 70-101 (Westport Enterprises, Inc.).
Resolution No. 70-2-3-2 relating to M-1 District questioned by Councilman
Forster only in relation to having the City Administrator review the Tempo
throw away newspaper.
NEW BUSINESS
Councilman Curnford offered Resolution No. 70-2-24-1 - A Resolution of the City
Council of the City of San Juan Capistrano recognizing Louis (Red) Reinhardt,
Mayor of Fullerton, for outstanding leadership and commending him thereto.
Roll call was taken - AYES: Councilmen Durnford, Bathgate, Forster, Olivares
and Chermak. NOES: None. ABSENT: None.
City Attorney has checked over the agreements with the Viking Company, contrac-
tors for the Public Works facility and temporary City Hall. Made note that the
insurance certificates should be in the hands of the City Clerk.
COUNCIL REPORTS
Councilman Bathgate
Made inquiry of the drainage study, Mr. Don Martinson of Lowry Engineering re-
ported the final draft has been approved by the Flood Control and should be
ready in approximately 10 working days, then it goes to the City Planning
Commission and then the Orange County Planning Commission - then becomes a
Master Plan of Drainage. Councilman Forster recommended the Planning Commission
review as soon as possible.
Discussion by the Council brought up suggestions of having each Council member
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Minutes of the Meeting of February 24, 1970
appoint a commissioner to a parks and recreation commission, or having com-
missioners from districts within the city. This matter to be brought up
again by the Council.
Councilman Durnford
Had been contacted by a representative of the Flood Control - stated dirt is
being dumped up on the flood control channel since we have the gate locked.
Staff to check out and perhaps posting of signs will be necessary.
Councilman Forster
Brought up the issue of the Harbor District dissolution. Council entered into
the discussion that when the issue was brought up at the League Meeting, the
Supervisors presented their ideas, however, did not satisfy the League of Cities
since they talked about something they hadn't done as yet. Statement was made
that the meeting was held on emotion rather than logic. Councilman Forster spoke
out for rescinding our previous resolutions and requested a poll of the Council
for such action. Councilman Forster proposed to nulify our previous stand. It
was a 3 to 2 vote to rescind our previous stand. Councilman Forster offered
Resolution No. 70-2-24-2 - A Resolution of the City of San Juan Capistrano super -
ceding Resolution No. 69-12-22-3 and resolving to take no official stand in the
matter of the dissolution of the Orange County Harbor District. Roll call was
taken - AYES: Councilmen Forster, Bathgate and Olivares. NOES: Councilman
Durnford and Mayor Chermak. ABSENT: None.
Mayor Chermak
Reported on the number of accidents that have happened on the Ortega Highway in
recent weeks. Council discussion centered on the "hippie" element at the Hot
Springs Canyon area in relation to the traffic hazard, the dope element and
general misuse of the area. Council will petition the County Health Department
to close the area as well as the State to post "No Parking" signs. Councilman
Forster will talk with representatives of these agencies to see what measures
can be taken to correct this situation in the Hot Springs area.
ADJOURNMENT
The meeting closed at 9:37 P.M.
Jetta
llybmitted,
ya, Actint y Clerk
FEB 2 41970