70-0511_CC_Minutes_Regular Meeting277
MAY 11, 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 Monay, May 11, 1970, at 7:00 P.M. in the Council Chambers
of the City Hall, with Mayor Thomas A. Forster presiding.
COUNCILMEN PRESENT: Bathgate, Chermak, Cammell, Thorpe
and Forster.
COUNCILMEN ABSENT: None.
The meeting opened with the pledge of allegiance. Invocation was given
by the City Attorney, John H. Dawson.
There was a correction to the April 27 set of minutes - page 9, add -
"The appointments were ratified by motion of Councilman Bathgate, seconded
by Councilman Chermak" - The minutes of April 21 and April 27, 1970, were
then approved as corrected.
STAFF RF.PnRTS-
City Administrator - Ernest A. Thompson
(a) Gave brief orientation to the Council on the'hews scoop" of the develop-
ment of some of the land of the Honeyman Ranch by Becton, Dickinson & Company.
Mr. Wilson Bradley, President of the Electronics Division, was introduced to
the Council and gave a summary presentation. Specifics included the size of
the building to be 80,000 to 100,000 square feet and to employ 400 people, one
third of which would be technical staff, one third to be managerial and one
third for assembly work. Stated also they had applied to the Planning Commission
for a Land Use Permit. They hope to break ground by September and be open by
June of 1971. The Mayor extended the City's welcome to Mr. Bradley of the
B. & D. Company and also to Mr. Honeyman.
(b) Reported two items on the agenda of the Board of Supervisors meeting
May 12. Item #28 dealing with the proposed agreement on the Trabuco Creek Flood
Repair - Waterworks District 4. Item #41 which is proposed transfer of records
of the Waterworks District No. 4
(c) Decision #77187 was handed down by the Public Utilities Commission -
requiring undergrounding of utilities.
(d) Read letter from Planning Commissioner Charles L. Allen - "I am
employed by Mercury Savings & Loan Association in Huntington Beach. It is my
intention not to participate in any action of the Planning Commission in which
my employer, or any of its builder -developer customers may be involved or any
relationship in a business sense exists. I request that anyone being aware
MAY 111970
of any action in which my employer may be involved advise me promptly."
Read into the minutes as requested by the Mayor.
(e) Submitted proposed Budget for 1970-71 and made mention that it
included a proposed police department. Mayor suggested a study session
for May 18 of the Council to delve into its particulars.
(f) Informed the Council that the League of California Cities Inter-
governmental Council Committee is scheduled to meet Wednesday, May 13, 1970.
Councilmen Gammell and Thorpe will be attending.
City Attorney - John H. Dawson
(a) Presented written summary report from the special committee for
acquisition of access rights to the Public Works facility.
(b) Gave written comments to Mr. Wendell McCracken's letter re: legal
interpretation of certain sections of Ordinance No. 115, specifically, dis-
tinguishing between a variance and a conditional use permit under Land Use
Permit.
(c) Made comment re: the staff meetings being informative, as well as
clearing up a lot of the small details before Council meetings begin.
(d) Vanson and Coast Catamaran case thrown out of court due to defect
in criminal complaint. City Attorney was directed by the Mayor to submit
written report to show the Council the exact status on all pending civil and
criminal actions taken by the Council.
Mayor referred a committee made up of the City Attorney, John Dawson,
the City Planner, Bob Johns and Councilman James Thorpe to study the McCracken
letters and report back to the Council their findings and possible conclusions.
Finance Director - Paul P. Lew
(a) Had received the number two progress billing from the Viking Company
on the construction work performed at the Public Works facility for payment in
the amount of $37,868.72. It was pointed out that the architect's office had
approved the certificate for payment. Councilman Bathgate moved to approve
authorization for payment to the Viking Company the sum of $37,868.72,
seconded by Councilman Thorpe, carried unanimously and so ordered.
(b) Commented to Council he had received a proposal from the J. E. Bauer
Company for a Model 9500 Striping Machine for $6,934.10, plus sales tax of
$346.71 - making a total of $7,280.81. The Mayor directed the Finance
Director, Paul Lew and the Director of Public Works, T. J. Meadows to look
into and conclude if this sole source would be the better way for the city to
go. Mayor requested this be made an item on the agenda for the next regular
MAY 1119/0
are
Minutes of the Meeting of May 11, 1970.
meeting of Council.
(c) Submitted monthly report on cash and investments for the month end-
ing April. Mr. Lew also made note to the Council that the city now has one
million dollars invested. Councilman Chermak moved to have the reports
received and filed for audit, seconded by Councilman Bathgate, carried and
so ordered.
Director of Public Works - T. J. Meadows
(a) He is planning to attend the May 26 meeting of the Water Quality
Control Board in San Diego which will be dealing with Waste Discharge Require-
ments for Livingston -Graham and Pre -certification reports for P.L. 660
application by the City.
(b) Has executed the contract from E. & G. Engineering, Inc, for demoli-
tion work to be completed on the old treatment plant site. Contract in the
amount of $2,450.
(c) Weed abatement program should be completed in a week to ten days.
(d) Requested execution of the contract from Cappello and Sons by the
Mayor and the City Clerk.
City Engineer - Jack Y. Kubota
(a) Paving is now in progress on Tract 6969 (Sant).
(b) Had sent a letter to the A.T. & S.F. Railroad directed to the superin-
tendent of California Systems in San Bernardino, dated May 1. The reply came
from Mr. Briscoe and he referred contact be made to Mr. Salsman in Oceanside.
Requested Council approval for his office to follow up on this by making con-
tact with Mr. Salsman and getting the schedule of repairs. -
(c) Oso sewer job - signal line poles. Santa Fe is ready to move lines
when the power company is ready.
(d) Tustin Land & Cattle Company - discussed with Mr. Dawson and City
Attorney - will have ready by next meeting the easement document and agreement
for sidewalk right of way.
(e) Requested acceptance of two easement deeds re: L.U.P. 70-102
(Brown). Councilman Bathgate offered Resolution No. 70-5-11-1 for the Mayor
and City Clerk to accept the deeds and authorize their recordation. Roll
call was taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and
Forster. NOES: None.
MAY 111970
PUBLIC HEARING
RZ 70-103 - Marina View Heights
Public Hearing was declared open by the Mayor. Zone tentative tract
7200 to R-1. Mr. Christiansen gave presentation to the Council and also
stated this will be coming before the Planning Commission for a study
session on May 12. Councilman Gammell questioned soil tests for that area.
The grading permit was granted by the Orange County Grading Department. Mr.
Christiansen stated they are rebuilding the soil structure for the entire
area. Councilman Bathgate questioned the street circulation. The proposed
precise alignment on La Novia was shown to the Council with Mr. Christiansen
showing an alternate route from what the City Engineer had.proposed, feeling
it would best serve the future of the city.
Mrs. Ross addressed the Council and objected to La Novia bypassing her
property, with brief discussion following. The City Engineer, Jack Y. Kubota,
clarified the Public Hearing was on the rezoning. Also clarified that he had
been directed by Council to precise align La Novia from Ortega Highway to San
Juan Creek Road. He also made mention that at the time the Planning Commission
and the City Council hold their Public Hearing on the presentation of the La
Novia alignment, the property owners will have a chance to air their views.
Public Hearing on rezoning was declared closed.
Councilman Bathgate moved to have the City Attorney read by title only,
Ordinance No. 161, seconded by Councilman Chermak. City Attorney read -
an ordinance amending the "precise Zoning Map" as adopted by Ordinance No.115,
Section 3.01.1, to be designated "Amendment No. 15".
PLANNING COMMISSION MATTERS
(a) City Planner reported on items from the Planning Commission minutes
of May 5, 1970.
(b) The Master Plan of Drainage adoption clarified by the City Planner,
Robert Johns, Requested second Public Hearing be set. Council set Public
Hearing for May 25, 1970, at 7;00 P.M. for the Master Plan of Drainage for
the City.
(c) City Planner explained to the Council the tie vote by the Planning
Commission on the L.U.P. 70-109 (Sommers) - the recreational vehicle park
on the southerly limits of Camino Capistrano. Mayor directed it be returned
MAY 111970
Minutes of the Meeting of May 11, 1970.
to Planning Commission for consideration by the full membership of the
Commission.
WATERWORKS DISTRICT MATTERS
Refer to Waterworks District Minutes of May 11, 1970.
UNFINISHED BUSINESS
(a) Second reading of Ordinance No. 160 - re -zoning C-2 property, 11
acres, to R-3 property. Councilman Gammell moved to have all resolutions
and ordinances read by title only for the remainder of the meeting, seconded
by Councilman Bathgate, carried. City Attorney read by title only, Ordinance
No. 160 - an ordinance amending the "Precise Zoning Map" as adopted by
Ordinance No,. 115, Section 3.01.2, to be designated "Amendment No. 14".
Councilman Bathgate offered Ordinance No. 160 for adoption - Roll call was
taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster.
NOES: None.
(b) Parks and Recreation proposed ordinance discussed by Council.
Question raised that the Commission consist of 5 members only, including
school representation. Mayor appointed Councilman Thorpe to head an informal
advisory committee to go over the draft proposal and invited any Councilman
or interested citizens to submit names for consideration on the Parks and
Recreation Commission.
(c) Council set June 8, 1970, 7:00 P.M. for a Public Hearing on the
General Plan for the City.
(d) Justification for payment on Change Order #2 from the Viking Company
in the amount of $279.50 was given by the City Administrator, Ernest Thompson.
Paint change of color was $167 and crane rental was $112.50. Councilman
Gammell motioned for authorization of payment to the Viking Company in the
amount of $279.50, seconded by Councilman Thorpe, carried and so ordered.
(e) Review and discussion of the updating of the city's Business License
Ordinance. For comparison purposes, the business license structure for Anaheim
was given to the Council for their information. Mayor directed the City
Administrator Ernest Thompson and the Finance Director, Paul Lew to go over
the proposed ordinance and made a recommendation to the Council re: the
question to charge a fee for mobilehomes.
NEW BUSINESS
(a) Letter from Dexter Penman requesting permission to use a sound truck
MAY 11 1976i
in the city as a campaign promotion for his running for office in the County
of Orange. Discussion followed. Legal Counsel clarified that it is not in
keeping with the city's present Ordinance -0113. Councilman Thorpe motioned
to deny the request due to its being in violation of the city's Ordinance
No. 113, seconded by Councilman Gammell, carried and so ordered.
(b) Letter of request from the San Clemente - Capistrano Valley Board
of Realtors re: placement of street banner at the intersection of El
Camino Real and Ortega Highway. Mayor directed the City Administrator and
the Director of Public Works to check particulars re: size, lettering,
color, etc. Council would grant request, subject to approval by the above
mentioned staff members. Councilman Bathgate moved,,seconded by Councilman
Gammell to uphold the Mayor's recommendation, carried unanimously.
(c) Agreement for electrical services at the temporary City Hall site
was summarized by Mr. Dennis Paquin of the San Diego Gas & Electric Co.
S. D. G. & E. requested permanent easement in order to expedite service to
the building. Discussion followed. Councilman Chermak motioned to have the
Director of Public Works execute the agreement, seconded by Councilman
Bathgate, voted unanimously.
(d) Letters from Westport Enterprises, Inc. re: park development.
City Planner gave presentation as to the location of the areas set for the
park sites. Also stated that the Westport people are desirous of submitting
site plans next week. Councilman Thorpe stated the urgency of pursuing park
element coordination and taking care of what park land is being dedicated to
the city. The City Engineer talked about the dedication of the park sites
by the developer and the city's obligation to put in improvements after we
have been given the land. Also pointed out the distinction of park area or
a green belt area or a meaningful recreation area. Jack Kubota, T. J. Meadows,
Bob Johns and Councilman Chermak are to meet and discuss the Westport parks
issue.
(e) Councilman Bathgate offered Resolution No. 70-5-11-2 - a resolution
requesting relief from the further liability for payment of all or any part of
the bonded indebtedness of the Capistrano Beach Sanitary District. Roll call
was taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster.
NOES; None.
(f) Chamber of Commerce proposed budget was discussed at length by the
council members. Councilman Thorpe suggested the Chamber request specific
MAY 111970
28�
Minutes of the Meeting of May 11, 1970,
underwritings by the City. Councilman Bathgate voiced his opinion that he
felt any contribution by the City should be minimum. Councilman Chermak
felt the city had more important issues rather than $5,244, which is the
difference needed by the Chamber for their proposed budget. The City
Administrator was directed to get together with Mr. Bruce Winton, President
of the Chamber to discuss their request.
WRITTEN COMMUNICATIONS
(a) Letter from San JuanBeautiful Committee thanking the city for
placement of the trash containers.
(b) Latter from the League of'California Cities re: special seminar
for planning officials. Mayor stated the Planning Commissioners have
authorization by the Council to attend, June 3-5 at the Disneyland Hotel if
they so desire.
(c) Letter from Mission Viejo Company commending the fine cooperation
they received and expressing their thanks to the Waterworks District #4 and
Mr. T. J. Meadows for making a particularly difficult water main relocation
into a workable arrangement.
-/j- 3 (d) Letter from the Orange County Health Department re: water sampling
services. Mayor questioned if this should come under waterworks matters.
Mr. Meadows made recommendation that it could come under city business in
this case. Councilman Bathgate offered Resolution No. 70-5-11-3 - a resolu-
tion for the Health Department to continue the present policy with the
deaprtment in providing the entire water sampling service, at no charge to
the water purveyor. Roll call was taken - AYES: Councilman Bathgate, Chermak,
Gammell, Thorpe and Forster. Noes: None.
REPORTS
(a) Site Plan Review Committee - Mayor recommended Jack Kubota, Robert
Johns, Ernest Thompson, Jerry Gaffney and Chuck Allen. Council accepted the
recommendation with no ojbections.
Council recessed at 10:14 P.M. - reconvened at 10:21 P.M.
(b) Further discussion was entered into by the Council re: acquisition
of access rights to the Public Works facilities building. Ray Woodside,
consulting engineer for the Waterworks District, gave presentation showing
the existing 14' easement from Camino Capistrano. The City Administrator
MAY 111970
pointed out also that the Viking Company had questioned when they could
expect to pave. City Attorney requested legal descriptions from the
engineer. The City Engineer stated the city needed a concrete proposal
for use of the driveway in exchange for the installing $15,000 in utilities.
Council recommended a decision be made and an amicable agreement with the
Oyharzabal family be made by May 18, 1970.
ADJOURNMENT
The meeting adjourned at 11:07 P.M. until 6:30 P.M., Monday, May 18,
1970.
Respectfully s bmit
te ,
71
nest A. Thompson ✓
City Clerk
MAY 111970