70-0413_CC_Minutes_Regular Meeting257
APRIL 13, 1970
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The City Council of the City of San. Juan Capistrano, California, met for a
regular meeting on Monday, April 13, 1970, at 7:02 P.M. in the Council Chambers
of the City Hall, with Mayor Edward S. Chermak presiding.
COUNCILMEN PRESENT: Bathgate, Forster, Olivares and
Chermak.
COUNCILMEN ABSENT: Durnford
The meeting opened with the pledge of allegiance. Invocation was given by
the City Attorney, John H. Dawson.
The Minutes of March 23, 1970, were approved as presented.
Councilman Durnford arrived at 7:04 P.M.
STAFF REPORTS
City Administrator - Ernest A. Thompson
(a) Reported the April 7 Board of Supervisors agenda had three items of
concern re: City matters - Item #39, Master Plan for Water Works District
No. 4; Item #5O, proposed appointment, Dana Point Harbor Development, Harbor
Review Board; and Item X662, report on Feasibility Study of a Department of
Environment Control.
(b) Reported the April 14 Board of Supervisors agenda Item X625 dealt with
the Flood Control District Special Tax Rate Election, Resolution ordering con-
solidation.
(c) Presented Council with a copy of a Change Order on the Public Works
Facility Building from the architect, Mr. Lavagnino. The two items to be
omitted total $1,936 which will be deducted from the total amount of the contract.
Councilman Bathgate moved, seconded by Councilman Durnford to authorize approval
of the change order, carried unanimously.
(d) Stated that Section 3700 of the Government Code of the State of
California had been declared unconstitutional - this was in reference to dis-
closure of financial interests of public officials.
(e) Letter from the County Auditor -Controller re: questions of responsi-
bilities of his department since Orange Councy Waterworks District No. 4 has
become a subsidiary of the City of San Juan Capistrano, informational.
(f) Letter from the Division of Highways re: relinquishment of highway
right of way by the State of California, within the corporate limits of San
Juan Capistrano.
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(g) In processing D. L. in Tract 6402, stated the County will recognize
additional lots, 10 and 11. The City Administrator and the City Planner
requested a Record of Survey be filed. The City Planner gave presentation
that the industrial area has requested enlarging the two lots in question.
The City Engineer stated at this time that this particular situation had
never been brought up before the Council. The Record of Survey is to establish
the correct property lines, as stated by the City Planner. Councilman Forster
moved to return to staff (specifically, the City Planner, City Engineer, City
Attorney and the City Administrator) for a solution, seconded by Councilman
Durnford, carried unanimously.
City Attorney - John H. Dawson
(a) Reported he will draft an ordinance re: a Parks and Recreation
Committee and to have the Council decide what type of procedure it would like
to follow- whether appointment would be by the Council or by area districts
within the city, establishing how many members, set up details, etc.
(b) Read letter from Coast Catamaran, dated March 25 stating they have
acquired 90 parking spaces.
(c) Stated he had not heard from Vanson's Trailer, City Planner said they
have filed for a land use variance.
(d) Contacted Jack Vincent, attorney for the Oyharzabal's re: easement
for the Public Works Facility building and will meet with him tomorrow.
The Mayor at this time suggested postponement of appointments to the Parks
and Recreation Committee until the new Council is elected. Also, requested
staff to investigate Coast Catamaran first before any legal proceedings are
started by the City Attorney Councilman Bathgate questioned the unimproved park-
ing lot. The Mayor also stated the Oyharzabal's hope to come up with a mutual
agreement with the City re: access to the temporary City Hall site.
Finance Director - Paul P. Lew
(a) Submitted Financial Report for the period January - March, 1970 for
the Council's perusal.
(b) Submitted a statement for the first segment of progress payment from
the Viking Company in the amount of $47,689.25. Councilman Durnford moved
for authorization of payment to the Viking Company, seconded by Councilman
Forster, carried unanimously.
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Minutes of the Meeting of April 13, 1970
Director of Public Works - T. J. Meadows
(a) Gave clarification and comparison of the weed abatement bids which
had been submitted. Recommended Mr. Reid whose bid was $7,313 as compared
to Mr. Varney who had a bid of $9,741. Councilman Bathgate moved to have
the Director of Public Works be authorized to sign the agreement, seconded
by Councilman Durnford, carried unanimously.
(b) The formal bid opening for the Oso Sewer Interceptor occurred on
Friday, April 10, 1970, at 11:00 A.M. He stated at this time that he had
the signed rights of way from the Smiths and the Williams, however, was
expecting the Railroad to send their permit sometime this week. He read a
letter from Don Martinson of Lowry Engineering which stated the bids ran from
$138,730 to $199,000 and formally declared Capello & Sons Construction the low
bidder and made recommendation to award the contract to Cappello & Sons Construc-
tion. Councilman Bathgate suggested the permit from the Santa Fe Railroad be
received first before execution of the contract is made.
/ Councilman Durnford offered Resolution No. 70-4-13-1 to award Cappello &
Sons Construction the contract for the Oso Sewer Interceptor, subject to the
terms expressed. Roll call was taken - AYES: Councilmen Durnford, Bathgate,
Forster, Olivares and Chermak. NOES: None. ABSENT: None.
Councilman Bathgate offered Resolution No. 70-4-13-2 authorizing the
Mayor and the City Clerk to sign the right of way agreements with property
owners Smith and Williams and the Santa Fe Railroad Company. Roll call was
taken- AYES: Councilmen Bathgate, Durnford, Forster, Olivares and Chermak.
,1-13-3 (c) Councilman Forster offered Resolution No. 70-4-13-3 - an agreement
dated July 26, 1966, between Orange County Waterworks No. 4 and the City of
San Juan Capistrano. Roll call was taken - AYES: Councilmen Forster,
Bathgate, Durnford, Olivares and Chermak. NOES: None. ABSENT: None.
(d) Reported he had received a communication from Mr. Dennis O'Leary
acknowledging receipt of the City's application for P.L.660 funds - a meeting
has been set up for April 28, at which time the application will be reviewed.
(e) Requested authorization to attend a meeting on water pollution April
29 thru May 1 in Sacramento along with Mr. Ed Vallavanti. Councilman Durnford
moved to grant the request of the Director of Public Works, seconded by Council-
man Bathgate, carried and so ordered.
N (f) Resolution No. 70-4-13-4 offered by Councilman Bathgate authorizing
the acceptance and recordation of certain easement deeds from property owners,
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`f Smith and Williams for the Oso Sewer Interceptor project. Resolution was
passed by unanimous vote.
(g) Received a letter from the California Disaster Office re: floods of
1969. The city has been authorized to act as agent for clearance of debris on
private property is application is filed by April 15. Councilman Bathgate moved
to have the Director of Public Works apply for an extension of time until June
15 for filing application for the "Plan for Disaster Removal of Debris",
seconded by Councilman Durnford, so carried.
(h) Gangi Excavation has been contacted for removal of concrete filtra-
tion tanks at the Public Works facilities area.
City Engineer - Jack Kubota
(a) Construction program on Tract 6969 - they are completed with under-
ground utilities.
(b) Reported the Shell Station has completed their paving.
(c) Plan checking commenced for Tract 7183 (Westport).
(d) Street improvement plans - Reichert Mobilehome Park and Del Obispo
storm drain.
(e) Reported to the Council that after inspection of the sidewalk in front
of the Tustin Land & Cattle Company, it was his determination that it was in
fact in need of repair. Recommended minimum of 25 feet for the driveway opening.
After lengthy Council deliberation, staff was directed to review the matter
with the three principals involved - 1. the property owner; 2. the building
owner; and 3. the building tenant. Mr. Swarthout, the building tenant, addressed
the Council and stated he leased one half of the ground floor and stated his
willingness to clear up this situation as soon as possible so he can proceed with
his business.
PUBLIC HEARING
RZ 70-102 - Westport Enterprises
The Mayor opened the Public Hearing on Rezone 70-1-2 (Westport Enterprises).
There were no written communications opposing. There was a verbal question by
Mr. Allen in the audience re: roads of egress and ingress. The City Planner
clarified the rezoning and stated it would be quite some time before Los Rios
Street connects to the development. There was no verbal opposition. Public
Hearing was declared closed. Council concurred with the Planning's Commission's
decision and Councilman Durnford moved, seconded by Councilman Bathgate to have
the proper ordinance drawn up re: rezone (Ordinance no. 160).
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Minutes of the Meeting of April 13, 1970
WRITTEN COMMUNICATIONS
(a) Letter from the Local Agency Formation Commission re
X61
the detachment
from the Capistrano Beach Sanitary District by Villa San Juan Mobilehome Park.
The City Administrator clarified the bonded indebtedness of the 65-1 detachment,
with regard to engineering and mapping. Discussion by the Council brought up
questions of detachment of other areas and parcels. Councilman Bathgate moved
to reactivate the request, seconded by Councilman Durnford; City Administrator
will process by reference, carried and so ordered.
(b) Pacific Telephone rate increase (Case No. 51774) before the Public
Utilities Commission. Mayor questioned the high rates the valley is subject to
for calling close surrounding areas such as E1 Toro and Mission Viejo. Mr.
Robert Gannon of the Telephone Company addressed the Council and gave a presenta-
tion of why they are requesting a rate increase. He pointed out at this time
how they are under the strict control of the Public Utilities Commission. He
also explained how the Telephone Company has purchased land in the valley and
will be spending 4 million dollars on the exchange building. Also gave note to
the rates of today as compared to 10 years ago, which are less. Concluded with
the fact that the rise in costs of materials has also gone up, whereas the
Telephone Company has not increased its rates in comparison to national statistics.
Councilman Forster stated the 40% increase was totally intolerable. Councilman
Forster offered Resolution No. 70-4-13-5 opposing the 40% increase. Roll call
was taken. AYES: Councilmen Forster, Bathgate, Durnford and Olivares. NOES:
Mayor Chermak. ABSENT: None.
(c) Councilman Forster requested the letter from the Orange County Safety
Council be brought up at the next regular meeting.
(d) Mayor made mention of the thank you letter received by Mayor Louis
Reinhardt of Fullerton for our Council's recognition of his DAR Americanism
Award.
(e) Mayor also acknowledged the appreciation letter from the San Juan Fiesta
Association.
(f) Mayor stated a letter had been received from Mrs. James B. Utt express-
ing her appreciation for the Council's action in expressing its sympathy to her
in the death of her husband.
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PLANNING COMMISSION MATTERS
(a) Mayor suggested time to review the General Plan submitted by the
Planning Commission, and to retain it on the agenda until such time as a
public hearing date is set for its acceptance.
(b) Council set a second Public Hearing for RZ 70-103 (Marina View
Heights) for May 11, at 7:00 P.M.
(c) Con Rock L.U.V. 64-104 - after discussion by the City Attorney and
the City Planner, Council confirmed the Planning Commission's determination to
notify the applicant to make application for a new land use permit.
(d) Planning Commission budget to be incorporated in our City budget
consideration.
14ATERWORKS DISTRICT MATTERS
(Refer to minutes of Orange County Waterworks District No. 4, dated April
13, 1970.)
UNFINISHED BUSINESS:
(a) Second reading of proposed Ordinance #159 (Westport). City Attorney
read conditions by the City Planner re: rezoning - Planning Commission did not
formalize conditions. Restriction of architectural control was questioned.
Entire ordinance to be drafted before next meeting.
(b) City Administrator clarified that the Planning Commission is setting
the Public Hearing on the Drainage Report.
NEW BUSINESS
Master Plan for the Orange County Water Works District No. 4 transmitted
from the Board of Supervisors - sent to the Water Company.
COUNCIL REPORTS
Councilman Bathgate
Councilman Bathgate made inquiry as to what is being done to clean up the
debris caused by fire on Verdugo Street. The actual conduct of business was
questioned by Councilman Forster - he also stated the situation was intolerable.
Made recommendation to have the City Planner investigate the legality of
conducting business on the premises.
ADVISORY WATER BOARD
Brief discussion concerning the list of appointees to serve on the Advisory
Water Board, representing the area outside the city limits to the north, and also
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Minutes of the Meeting of April 13, 1970.
those that would be representing the area within the corporate limits.
ADJOURNMENT:
The meeting adjourned at 10:39 P.M. until Tuesday, April 21, 1970, at
7:00 P.M., for canvassing of the ballots of the Municipal Election.
Respectfully submitted
Ef
A. Thompson
City Clerk
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