70-0309_CC_Minutes_Regular MeetingMARCH 9, 1970
REGUALR MEETING OF CITY COUNCIL OF CITY OF SAN JUAN CAPISTRANO
The City Council of the City of San Juan Capistrano, California, met for
a regular meeting on Monday, March 9, 1970, at 7:00 P.M. in the Council
Chambers of the City Hall, with Mayor Edward S. Chermak presiding.
COUNCILMEN PRESENT: Bathgate, Durnford, Forster, Olivares and
Chermak.
COUNCILMEN ABSENT: None _
The meeting opened with the pledge of allegiance. Prayer of invocation
was given by the City Administrator, Ernest Thompson.
RESOLUTION OFFERED:
Councilman Durnford offered Resolution No. 70-3-9-1 commending the life
of service of James B. Utt and extending to his family sincere condolences on
his untimely death. Roll call was taken. AYES: Councilmen Durnford, Bathgate,
Forster, Olivares and Chermak. NOES: None.
CnRRRCTTnN Tn MTNITTRS-
Under Councilman Bathgate's Report: Strike out the first sentence in the
second paragraph and insert - City Attorney to draw up a rough draft for an
Ordinance on a Parks & Recreation Commission.
The minutes of the February 24, 1970 meeting were then approved as corrected.
STAFF REPORTS:
City Administrator - Ernest A. Thompson
(a) Had made contact with Councilman Forster re: Tempo newspaper in regard
to our anti -litter ordinance. Talked with attorney representing Tempo. City
Attorney, John Dawson, commented courts had upheld Fullerton's appeal. Council
to review ordinance and determine areas to act upon by next regular meeting of
Council, if possible. City Attorney offered to acquire Anaheim and Fullerton
ordinances for comparison.
(b) Gave recommendation for Ruth Marquard to be reclassified to Steno -
Secretary and start at Step 2 of Range 17. Councilman Forster made a motion to
uphold the recommendation of the Personnel Director and also to waive the 6
month probationary period and review one year from today, seconded by Council-
man Bathgate, carried unanimously.
(c) Encroachment permit. Tustin Land & Cattle Company asked for waiver
of dedicating sidewalks. City Engineer commented he felt area of sidewalks
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Minutes of the Meeting of March 9, 1970
was appropriate. Mayor would like to know by the next meeting what is proposed.
(d) Announced Institute of Labor Relations Meeting set for March 18, 19
and 20 in Los Angeles.
(e) Made request to attend a meeting of theEnvironmental Quality Control
Committee in Sacramento March 26. Councilman Durnford moved to have the City
Administrator authorized to attend the meeting, seconded by Councilman Bathgate,
carried unanimously.
City Attorney - Sohn Dawson
(a) Santa Fe Railroad re: our application for sewer encroachment. Checked
into possibility of condemnation and gave legal opinion that we should go ahead
with proceedings. He felt that if we went in with a license, the railroad
could charge us for cost of improvements if they decided to put in another track.
City Attorney stated if we condemn a right-of-way, we can acquire immediate
possession within three days. Don Martinson of Lowry Engineering addressed the
Council and felt a rental agreement with the railroad was far better than the
legal expense of condemnation. After discussion, Council concluded that applica-
tion for a license was the better way to go at this time, however, review and
renegotiation at a later date was stipulated. Councilman Forster moved to have
the City execute a license agreement with the Santa Fe Railroad re: our applica-
tion for sewer encroachment, seoncded by Councilman Bathgate, passed by a 4 to
1 vote, with Councilman Durnford voting NOE.
(b) Question raised at this time by Councilman Bathgate and Forster, re:
easement for the new temporary City Hall facility. City Attorney stated he had
contacted the Oyharzabal's attorney and they would like to know what would be
expected of them re: improvements,conclusion being that this can be done when
specifics are given.
(c) Reported he had been in contact with the Vanson attorney, re: the
letter from Rayne Water Conditioning questioning the off-street parking in the
industrial park. City Attorney stated the practical solution would be to
declare time limit parking on Calle perfecto and have the Sheriff's Office
issue parking citations. Discussion brought out point that original intent
was the violation of manufacturing outside of the buildings which is a violation
of the land use permit. Conclusion reached was to process papers for the filing
of a complaint.
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(d) Submitted written reply to the Council in answer to Mr. McCracken's
Letter on Land Use Permits and Mobilehome Parks.
Ninance Director - Paul Lew
(a) Submitted Financial Report of theCity for the month ending February,
1970.
1 11 /_ d 7iirector of Public Works - T. J. Meadows
(a) Reported on the Serra Contract - introduced Mr. Fritz Stradling of the
Santa Margarita Water District who addressed the Council and explained that —
seven groups are involved for the regional concept. Councilman Durnford
offered Resolution No. 70-3-9-2, a resolution of theCity Council of the City
of San Juan Capistrano authorizing and directing the Mayor and City Clerk to
e,cecute on behalf of the City, a joint exercise of powers agreement creating
southeast regional reclamation authority. Roll call was taken - AYES:
Councilmen Durnford, Bathgate, Forster, Olivares and Chermak. NOES: None.
(b) Letter from Mr. Hashimoto, Division of Highways, stating the request
f:"om the O.C. Board of Supervisors for a scenic highway study of the Ortega
H:ighway (State Route 74). Councilman Forster moved to have the City reply
tLat we are in accord with the Board of Supervisors' request, seconded by
Councilman Durnford, passed by a unanimous vote.
(c) Entered discussion with Council and explained the letter of agreement
re: the Emergency Flood Relief Law and the 1969 appropriation by the State of
California, which is for city -owned facilities only and not for privately
owned property. Councilman Bathgate offered Resolution No. 70-3-9-3, a resolu-
tion authorizing and directing the Mayor andCity Clerk to execute on behalf of
the City an agreement with the Department of Public Works of the State of
California relating to emergency flood relief funds.
(d) His report to the Council on the San Juan Beautiful Committee is held
over until the next regular meeting of the Council.
(e) Letters were written to the property owners, Mr. Myron Smith and
Charles Williams, and discussion with Randy Williams re: the value of the
right of way for the Oso Sewer through their property. Property owners agreed
to take sewer connection credits in favor of the necessary easements. Lowry
En,:,ineering will furnish legal description to the City Attorney so he may
prepare the right of way agreements. Councilman Durnford moved, seconded by
Councilman Bathgate to authorize the credits in favor of the necessary easements
pa.:sed by unanimous vote.
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Minutes of the Meeting of March 9, 1970
d/ Councilman Bathgate offered Resolution No. 70-3-9-4, approving the plans
and specifications and authorizing the City Clerk to advertise for bids and set
the day of April 10, 1970, at the hour of 11:00 A.M., for the opening of the
bids. Roll call was taken - AYES: Councilmen Bathgate, Durnford, Forster,
Olivares and Chermak. NOES: None.
(f) Requested authorization to resubmit application for PL 660, federal
grant assistance money. Councilman Forster offered Resolution No. 70-3-9-5, au-
thorizing the filing of application for federal grant for sewage treatment
works under Title 33 of the United States Code, Section 466 et seq. Roll call
was taken. AYES: Forster, Bathgate, Durnford, Olivares and Chermak. NOES:
None.
(g) Requested sewer connection fee be set at $75 per acre (Buchheim
property). Councilman Bathgate abstained from any discussion on this due to
a possible conflict of interest. Councilman Durnford motioned to grant the
recommendation of the Director of Public Works, seconded by Councilman Forster,
carried 4 to 0.
City Engineer - Jack Y. Kubota
(a) Tract 7160 (Westport) - processing street improvement plans.
(b) Has completed preliminary precise alignment of Lallovia; field survey
work to commence.
(c) Technical Advisory Committee has accepted our Del Obispo Street project;
will go to Advisroy Committee of League of Cities.
(d) Commented there are no curbs or gutters on Calle Perfecto in reference
to parking control - requested getting together with the Director of Public
Works to review matter.
(e) 1700 foot long private street access to our Public Works Facility
yard was described to the Council.
COMMITTEE REPORT:
Councilman Bathgate made a motion to accept the Mobilehome Park Study Reports,
seconded by Councilman Durnford, carried 5 to 0, so ordered. Councilman Forster
commented at this time that the six month moratorium for the City not accepting
any mobilehome park applications will be up March 23, 1970.
PUBLIC HEARING - RZ 70-101 (Westport, Inc.)
The City Administrator gave a brief description of the background of the
MAR 91970
RZ 70-101 (Westport Enterprises, Inc.) - the rezoning from R1 to PD. Public
Hearing opened. Mr. Robert Galloway of Galloway & Associates was acknowledged
by the Mayor to speak in favor of the rezoning. He gave a description of the
beginning of, and master plan of the Buchheim property. Gave drainage and
slope problem. Also stated their project would be compatible with the present
Casas development. Gave mention that they had met with some of the homeowners
of the Casas and felt they had answered some of the questions and come up with
solution to some of their doubts.
Mr. Cliff Thoreson also addressed the Council and:spoke in favor of Westport
and stated that he had no objections to the PD zoning.
The Mayor at this time announced that the Council had received 2 written
communications from Casas homeowners opposing the rezoning.
The Mayor then requested to hear any opposition to the rezoning. Mr. Rod
Craig presented a petition and read a letter of why the people are opposed to
the rezoning. Gave suggestions of what they would like to have as restrictions
in the PD zone. Some of these points were to have R1 type single family dwellings,
spanish architecture and a 6.7 density. Discussion started with the Council and
carried over to the audience. Capt. Ogle addressed the Council and questioned
how many homeowners Mr. Galloway had talked with on Saturday - Mr. Galloway s
reply was 4. Capt. Ogle also said after first increment was completed, they
could then pass judgment.
Mr. Bill Fischer, a member of the audience also questioned the Planning
Commission's decision for rezoning when all the people present objected and
tien the Planning Commission approved.
Bob Johns, the City Planner, addressed the Council as requested by Council-
man Durnford. He stated the Casitas have a density of 7.38 and also that 40%
o:= the Casas are built in the PD zone. He stated at this time that you cannot —
condition zoning. The concept as proposed by the Westport people is to have
miniature Casas without walls.
Mrs. Olga Moe spoke to the Council and opposed the thru street of Via Los
Pajaros.
Mr. Earl Dowell read letter from Mr. Rabalais and took excerpts from the
letter stating what they have planned and also that the density is set up for
B.O. Mr. Pat Kendley addressed the Council and gave support to the Casas
homeowners.
Mr. Craig at this time suggested a continuance.
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Minutes of the Meeting of March 9, 1970
Mr. Rabalais, of Westport Enterprises, referred to the letter of good
faith relative to what they propose to do with the land and that they require
knowing now whether the rezoning is going to be permitted. City Attorney
gave legal opinion that it is appropriate to adopt a resolution of intent to
rezone, with conditions. Mr. Galloway again addressed the Council and gave
presentation showing how they have upgraded their project beyond what is
called for in that area. Circulation element was questioned by Councilman
Forster.
Mr. Wells addressed the Council and asked about the green belt which had
been mentioned and who would keep up the maintenance.
Building's floor space would average 900' to 1300 sq. ft.
The City Engineer, Jack Kubota, at this time said he had not been contac-
ted thus far with regard to the circulation element for the proposed thru
street of Ysidora or Via Los Pajaros.
Councilman Durnford motioned to continue the Public Hearing - the motion
died for lack of a second.
Councilman Forster moved to close the Public Hearing, seconded by Council-
man Bathgate since no new testimony could be offered from what had been presented
at this meeting. The motion passed by a 4 to 1 vote in favor of closing the
hearing. Councilman Durnford voted NOE.
ADJOURNMENT:
The meeting adjourned at 10:24 P.M
Respectfully submitted
nest /Thompson
City Clerk
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