70-0427_CC_Minutes_Regular Meeting/•+ (0-
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APRIL 27, 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 27, 1970, at 7:03 P.M. in the Council
Chambers of the City Hall, with Mayor Thomas A. Forster presiding.
COUNCILMEN PRESENT: Bathgate, Chermak, Gammell,
Thorpe and Forster
COUNCILMEN ABSENT: None
The meeting opened with the pledge of allegiance. Invocation was given
by the City Attorney, John H. Dawson.
The following corrections were made to the Minutes of April 13, 1970 -
under Written Communications, page 6, item (b) change the 5th sentence to read.
He also explained how the Telephone Company has purchased land in the valley
and will be spending 4 million dollars on the exchange building. Change the
8th sentence to read, Councilman Forster stated the 40% increase was totally
intolerable. The minutes were then approved as presented.
STAFF REPORTS
City Administrator - Ernest A. Thompson
(a) Reported two items on the agenda of the Board of Supervisors of Orange
County - Item #36 re; Proposed New Joint Powers Agreement, Waterworks District No.
4 and Item #46 re: acquisition of Rights for Capistrano Fire Alerting Siren on
the Stroschein property.
(b) Submitted the Regional Recreational Report from the Harbor Department
and a letter from Mr. Wendell McCracken re: legal interpretation of certain
sections of Zoning Ordinance 115, as informational items to the Council members.
(c) Reported the Finance Department is updating the Business License
Ordinance - it will be an updating of the revenue which is now based on a flat
rate. Also, form is to be more simplified.
City Attorney - John H. Dawson
(a) Reported he had attended the first staff meeting of the department
heads today.
(b) Presented Council with a copy of Resolution No. 70-4-13-5 - opposing
the Pacific Telephone Company rate increase.
(c) Contempt proceedings have been postponed until May 15 re: outdoor
advertising sign.
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(d) Has drafted an ordinance for a proposed Parks & Recreation Department.
Tiie Mayor made suggestion to have copies forwarded to the Planning Commission
as well as the school district and the Council to have a study session to go
over the draft.
(e) Made mention it would be to the benefit of the Council members if
seaff could get the agendas out early for their perusal.
Mayor at this time inquired of the progress in acquiring egress and ingress
to the temporary City Hall facility. Mr. Dawson stated he had been in contact
with Mr. Jack Vincent, the Oyharzabal's attorney. They would donate the ease-
ment if, 1. They could connect to the utilities; 2. The city would maintain
tte pavement; and 3. Further improvements would be put in by the City. There
was discussion by the Council re: width of the road. Questions raised were -
would this be used as a public street or simply an ingress and egress road, and also,
what if a division of land occurred. City Attorney stated a "pilot road" can be -_
arranged by a city. Councilman Chermak stated the previous Council simply wanted
to use the existing road and was opposed to acquisition, even by dedication.
The City Planner addressed the Council and stated the land use variance for
Con -Rock expires May 19 and they are applying for a 5 -year extension. Consensus
by Council was to have Councilman Bathgate, City Engineer and legal counsel
confer together and with the property owner on this issue.
Finance Director - Paul P. Lew
Submitted list of demands for the month of April, 1970. Councilman Chermak
moved to have Warrant #5023 through -05092 in the amount of $124,620.02 be
authorized for payment, seconded by Councilman Bathgate, carried and so ordered.
Director of Public Works - T. J. Meadows
(a) Presented Council with letter from Mr. H. G. Osborne of the Orange
County Flood Control District re: the joint powers agreement on the Trabuco
Bridge repair. Mr. Meadows stated it is the same agreement previously authorized,
except the Board of Directors has changed and the addition of Appendix "B" -
fair employment practices. Councilman Bathgate offered Resolution No. 70-4-27-1,
authorizing the execution of the agreement. Roll call was taken - AYES: Council-
men. Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None.
(b) O.E.P. 875 funds - requested Lowry Engineering be retained for design-
ing the Oso stream crossing. Mr. Don Martinson addressed the Council and stated
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Minutes of the Meeting of April 27, 1970.
the Flood Control District is now checking out the calculations. Councilman
Chermak moved to uphold the recommendation of the Director of Public Works
that the reconstruction and design for the Oso crossing be awarded to Lowry
Engineering, seconded by Councilman Bathgate, carried unanimously.
(c) Point of information - has received a subpoena to appear re: grass
destroyed at golf course by chemicals used by County to destroy weeds -
Marina View Heights Development Company.
(d) Reported progress on Weed Abatement Program.
(e) He will be unable to attend the meeting tomorrow of the San Diego
Regional Water Quality Control Board - Mr. Don Martinson will be attending.
Explained the P.L. 660 funds will cover 33% of the proposed total cost of the
Oso Interceptor Sewer.
(f) Pleased to report the trash containers requested by the San Juan
Beautiful Committee have been placed within the city.
(g) Had been contacted by the Gas Company re: tie into for the temporary
City Hall facility (to be brought up later in the meeting).
(h) Received an informal bid from E. & G. Engineering, Inc, for removal
of the old trickling filter plant; $2995 for demolition of the concrete and
steel and removal of said material to the dump site - or $2450 for breaking up
of the concrete and stockpiling it on site or burying it. The Mayor at this time
explained to the new Councilmen that if a job went over the $2500 figure, it
would have to go to formal bid. Councilman Bathgate moved to accept the bid
from E. & G.Engineering, Inc. seconded by Councilman Gammell, carried and
so ordered.
The Mayor made inquiry of a street striping machine for purchase by the
City. Director of Public Works and Finance Director have been looking at
various types and conclusion being that additional funds will have to be
budgeted from what has already been projected for this particular item.
City Engineer - Jack Y. Kubota
(a) Reported two subdivisions are completing sidewalk construction - Tract
6225 (Kolbet) and Tract 6969 (Sant).
(b) Shell Station on Junipero Serra is now open.
(c) Plan checking second set of plans for Hawkins Mobilehome Park and
Mission Hills Tract 6958.
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(d) Reported meeting with Mr. Swarthout of Tustin Land & Cattle Company -
reached accord that they will consider a proposed easement document which would
give the City the sidewalks for the period of their 55 year lease. Legal counsel
to draw up the easement. The driveway approach will be 20 feet. There was
discussion re: a future request to build an overhang over the sidewalk if they
should decide to remodel with a false front on the building. Councilman
Chermak stated he would like to see a rendering before consideration is given.
Councilman Thorpe brought up point of liability by the City if this type
structure was on City sidewalks. 11
(e) Has had contact re: a proposed commercial subdivision by the airport.
(f) A.T.&S.F. Railroad - inquired if Council would like to have him
contact the field office in San Bernardino re: repairs to street crossings,
especially Del Obispo Street. Discussion centered on cable and poles and
if the railroad will be removing the old telegraph lines in the area of the Oso
Creek sewer area. (The Press at this time interjected a request to have the
City Engineer and the Director of Public Works submit a brief summary of their
reports so press will be apprised of what they are discussing). Council requested
Mr. Kubota to contact the San Bernardino railroad office.
WRITTEN COMMUNICATIONS
(a) Resolution from the City of Costa Mesa urging the passage of.proposed
Federal Revenue Sharing Statute. Comment to this was that taxation should be
instigated here and not sent to the Federal government and then back again to
US. Mr. Thompson, the City Administrator, was directed to contact Senator
Murphy and Congressman Hanna regarding this legislation.
(b) The Mayor made comment that the City has budgeted for the expense of
the upcoming Mayors' and Councilmen's Institute, May 20-22 in Los Angeles for
any of the Councilmen wishing to attend.
(c) Local Agency Formation Commission elections have been scheduled for
May 14. The Mayor would like to see representation for the southern part of
the county. Councilman Chermak made recommendation to nominate and elect
Councilman Northrup. Lengthy discussion by the Council re: any changes and
suggestions on this issue. Councilmen Bathgate and Chermak and Mayor Forster
will be in attendance.
(d) Letter from Mr. & Mrs. Charles Orcutt re: an appeal for recreational
vehicle park on the McCaslin-Holbert property. Council set May 25 at 7:00 P.M.
for a Public Hearing for appeal on L.U.P. 70-108.
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Minutes of the Meeting of April 27, 1970.
(e) Change Order #2 for the Viking Company, submitted by Mr. Lavagnino,
architect for the Public Works facility building totaled an additional amount
to be paid in the sum of $279.50 (roof color change, $167 - crane rental, $112).
Councilman Bathgate's motion and Councilman Thorpe's second were withdrawn
after discussion by the Council re: the validity of the crane rental. This
issue will be carried over until Council can be better informed. Mr. Thompson,
the City Administrator and T. J. Meadows, the Director of Public Works, were
directed to be liaison for the project.
(f) Application forms on the President's Council on Youth Opportunity -
informational.
ORAL COMMUNICATIONS - Pacific Telephone Company
City Attorney read resolution re: Council's objection to the increase in
telephone rates. Mr. Bob Gannon of the Pacific Telephone Company addressed the
Council and stated the resolution prejudges the case before the Public Utilities
Commission has apprised it. It was pointed out that the P.U.C. will request a
great deal of testimony to be given and Mr. Gannon stated there would be sufficient
time prior to the close of the hearing, if at that time the council still wishes
to go on record of opposing this increase. Councilman Gammell questioned at
this time the basis for a decrease of rates in the Crown Valley area while at
the same time asking for an increase in rates in other areas. This was
answered by Mr. Gannon that an adjustment had been made in the excess mileage
charge originally charged for new developments that were a considerable distance
from town. Mr. Pignato addressed the Council and requested to have consideration
given to the telephone company by not taking any stand on the issue before it
comes before the P.U.C.
Councilman Bathgate offered Resolution No. 70-4-27-2, rescinding the pre-
vious stand by the Council in opposing the telephone increase in rates, based
upon incomplete information. Roll call was taken - AYES: Councilmen Bathgate,
Chermak, Gammell and Forster. NOES; None ABSTAIN: Councilman Thorpe.
PLANNING COMMISSION MATTERS
(a) Appointment of Planning Commissioners - Mayor stated past appointments
have been discussed in open Council sessions but felt since personalities of
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individuals are being reviewed, requested an Executive Session for the appoint-
m,:nts. He also included the appointments to the Architectural Board of Review
aid the Site Plan Review Committee.
(b) Consolidated Supply - City Planner addressed the Council and stated the
D) -rector of Building and Safety had directed them to clean out their debris and
t, place chain link and barbed wire fence around the open basement that reamins.
T is action supersedes any zoning ordinance the City has. The use is still a
L gal non -conforming use and may continue.,"Any installation:ofrany.structure
o: buildings will require architectural control and subsequent public improve-
ments. The business being conducted in the adjacent building is a legal use
az d no conditions may be placed on it.unless exterior alterations take place. In
response to Council, the City Planner stated that the only way a legal non -conform-
irg use could be terminated would be through an amortization by ordinance. Forma-
lized reports of this activity are forthcoming from Land Use Division of the
BtAlding Department.
WATERWORKS DISTRICT MATTERS
(Refer to minutes of Orange County Waterworks District No. 4, dated April
27, 1970.)
UVINISHED BUSINESS
(a) Letter from the Orange County Safety Council re: membership and participa-
ttin by the City. Councilman Thorpe suggested deferring until budget time and
al;o inquired of what services were provided. Councilman Gammell opposed the
$ltJO fee by stating that amount could be put to better use within the City.
Co ncilman Bathgate and Chermak suggested giving it a try and the Mayor directed
the Finance Director to include it in the budget for the fiscal year 1970-71.
(b) Second reading of proposed Ordinance No. 159 (Westport). Councilman
Clu rmak moved to have the ordinance read by title only, seconded by Councilman _
Bathgate, carried. City Attorney read by title only, Ordinance No. 159 - an
orcinance amending the "Precise Zoning Map" as adopted by Ordinance No. 115,
Section 3.01.3, to be designated "Amendment No. 13". Councilman Bathgate offered
Ordinance No. 150. Roll call was taken - AYES: Councilman Bathgate, Chermak,
Gammell, Thorpe and Forster. NOES: None.
(c) First reading of Ordinance No. 160 (Westport). Councilman Chermak
moved to have the City Attorney read by title only, seconded by Councilman
Bathgate, carried. City Attorney read by title only - an ordinance amending
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Minutes of the Meeting of April 27, 1970.
the "Precise Zoning Map" as adopted by Ordinance No. 115, Section 3.01.3, to
be designated "Amendment No. 14".
(d) General Plan - Council to study and carry as an item on the next
agenda.
NEW BUSINESS
Letter from .Mr. Wendell McCracken re: legal interpretation of certain
sections of"Zoning ordinance N0.115 by our City Attorney, Mr. John Dawson,
deferred as an item on the next agenda of Council.
COUNCIL REPORTS
Councilman Bathgate
Made recommendation to have the City take steps to eliminate the signs put
up in the City by housing developers on the weekends. There was discussion by
the Council. Also, Mrs. Judy Beggs made recommendation that possibly the San
Juan Beautiful Committee could be of some use to the City in cleaning up the
sign situation. Mr. Pignato, a member of the audience suggested a fine be
imposed. Mr. Thompson was directed by the Council to notify developers of this
violation and send appropriate letters to offenders outside the city limits.
Councilman Thorpe
(a) Requested a study session of the Council for briefing on Council pro-
cedures.
(b) Made suggestion that a definite decision one way or the other be made
on Mobilehome Parks.
(c) Commented that a town hall meeting where interested citizens could be
present at the Public Hearing on the General Plan for the city should be considered,
since space at our present City Hall did not afford much room.
ADJOURNMENT
The meeting adjourned at 10:23 P.M. to an Executive Session.
RECONVENED
The meeting reconvened into an open public meeting at 12:30 A.M.
Appointments were made to the following:
PLANNING COMMISSION - Carol Heim, Charles Allen, Russ Cook, Gerald
Gaffney and Art Lavagnino.
ARCHITECTURAL REVIEW BOARD - Gerald Gaffney, Art Lavagnino, Harold Ambuehl,
Roland Olsen and Bob Johns.
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WATER ADVISORY COMMITTEE - Glen Drown, Andy Cook, Wendell McCracken,
Nofie Famularo and Dudley Brand.
The appointments were ratified by motion of Councilman Bathgate, seconded
by Council Chermak and carried unanimously by vote of the City Council.
ADJOURNMENT:
The meeting adjourned at 12:45 A.M.
Respe.Ctfully submitted,
nest A. Thompson ✓
City Clerk
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