70-0622_CC_Minutes_Regular Meeting304
JUNE 22, 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, June 22, 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 minutes of June 4, 1970, were approved as presented. There were
corrections to the minutes of June 8. Page 6, under City Engineer, item
(a) - change the third line to read, "the large sycamore trees." Under item
(c) - City Engineer's report, add in the third line, "also resurfacing of
Ortega and installation of conduits for traffic signals." The minutes were
then approved as corrected.
STAFF REPORTS
City Administrator - Ernest A. Thompson
(a) Reported Jose Mesa requested consideration of $7,500 for his land.
Legal counsel suggested an appraisal of the property. Mayor questioned
building in a precise alignment. Discussion brought out two alternatives -
either have the city purchase the land or permit the property owner to
build on site. The idea of a park site in that area was brought up by
Councilman Thorpe. City Attorney offered to check out building a structure
in a precise alignment. Councilman Bathgate moved to engage a real estate
agent knowledgeable in appraisals, for a maximum fee of $50.00 to look at the
Mesa property in question, seconded by Councilman Thorpe, carried unanimously
and so ordered.
(b) Informed the Council there were no items on the Board of Supervisors'
agenda re: San Juan Capistrano scheduled for this week.
(c) Construction is progressing on the temporary City Hall. Pointed out
to the Council that the contract does not provide for carpeting. There is
approximately 4,500 sq. ft. of rough concrete. Mr. Bob Gannon, in the audience,
interjected that in some cases, carpeting can be less expensive than the con-
tinued maintenance and upkeep of tile. Councilman Chermak suggested finishing
off the present concrete floor and using it as it is. The City Administrator
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Minutes of the Meeting of June 22, 1970.
was directed by the Mayor to investigate this possibility as well as acquiring
some figures on tile and carpet.
Gave figures for the cost of a new flagpole as well as the cost of modifying
the present pole by adding two sections. Stated Mr. Al Jiminez offered to
provide the materials for the pedestal. Referred to staff by the Mayor for
contact to be made with Mr. Patterson for modifying our present flagpole.
Reported he had received a statement from Mr. Dale Butler of the Southern
Counties Gas Company in the amount of $2,200 for gas main extension to the
temporary City Hall site. Discussion by Council questioned this tremendous
cost. It was pointed out that had we had 100% gas, gas main extensions
would have been free. However, it was the architect decision in the best
interest of the City, to have electrical air conditioning. City Administrator
commented that the breakdown in the itemized statement was reversed from
what had been first projected. He will check this out and inform Council
regarding this infraction.
City Attorney - John H. Dawson
(a) Presented proposed statement of policy in resolution form regarding
the City's position on the protection of the swallows. Councilman Bathgate
and Chermak both objected to the need of the document in the first place.
City Attorney was directed to re -write and shorten the proposed resolution.
(b) Proposed ordinance amending Ordinance No. 115, regarding drainage
fees (2nd reading). Councilman Bathgate questioned the fees collected by
the county which could be used by the City. The City Engineer clarified the
joint powers agreement possibility with the County of Orange, the City of
San Clemente and our city would cover the local areas we are entitled to.
The City Attorney also pointed out that we have followed the language of the
County in the fee schedule.
At this time, Councilman Bathgate moved to read all resolutions and
ordinances by title only for this meeting, seconded by Councilman Gammell,
carried and so ordered.
City Attorney read by title only, the proposed Ordinance No. 162. Council-
man Bathgate offered Ordinance No. 162 for adoption. Roll call was taken.
AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None.
ABSENT: None. The ordinance amending Ordinance No. 115 by adding thereto
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provisions relating to required fees for drainage was adopted by unanimous
vote.
(c) Reported he had made contact with representatives of the Mission
San Juan Capistrano regarding easements. They requested a letter of consent
signed by the lessee, Mr. Bob Patrick. The Mission has no objections to
granting these easements once the letter from Mr. Patrick has been received.
Legal counsel stated Mr. Patrick has told him he would sign the document.
Report on this action will be forthcoming from the City Attorney.
(d) Reported on the sign hearing June 15 in Superior Court. Read a
portion of the transcript to the Council in which the hearing was postponed.
(e) Had made contact with the attorney for L.A.F.C. regarding bonded
indebtedness. Stated several ways it could be handled, however, all would
require a law suit. Suggested a proper petition signed by the property
owners and directed to the Orange County Board of Supervisors would carry
a great deal of weight.
(f) Has recorded the document on the triangular piece of property con-
veyed to the Oyharzabals.
(g) Agreement will be recorded as soon as he receives the legal descrip-
tion on Con -Rock.
(h) Submitted the revision of paragraph 2 of the Minutes of May 18. Mayor
directed the City Administrator to have this revision incorporated into the
set of minutes and to be re-signed.
Finance Director - Paul P. Lew
(a) Requested authorization to purchase welded grating for the Sewage
Treatment Plant. Councilman Chermak moved to approve the purchase from the
K. Bufnel Corporation in the amount of $844.29, seconded by Councilman
Thorpe, carried and so ordered.
(b) Submitted three bids for purchase of a Pick-up Truck for use at
the Sewer Treatment Plant. Gave recommendation on the bid from South Coast
Motors. Councilman Bathgate moved to uphold the recommendation of the
Finance Director for purchase of the truck in the amount of $3,548.57,
seconded by Councilman Chermak, carried unanimously. Councilman Gammell
requested the Director of Public Works and the Finance Director to check out
the possibility of purchasing vehicles from the County.
(c) Gave report on the summary of Fund Cash Balances, Cash Receipts &
Cash Disbursements for the month ending May 31, 1970, as informational.
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Minutes of the Meeting of June 22, 1970.
Director of Public Works - T. J. Meadows
(a) Reported the weed abatement program is finished with an estimated
cost of $4,900. A complete list will be submitted to the Council at the
next regular meeting.
(b) Stated he had received verification that we are #269 on the alpha-
betical priority list for Oso Creek Sewer (P.L. 660) project for an amount
of the grant of $60,750.
(c) Application by Darmi to California Disaster Office for debris
clearance on private property has been returned. Director of Public Works
will refile by June 25.
(d) Darmi interceptor sewer grant inspection - final audit expected
shortly, total $31,181.
(e) Demolition at the old treatment plant site has been completed.
Director of Public Works commented he felt the contractor had done an excep-
tionally fine job. Also stated in order to bring power to the building, it was
necessary to remove a portion of the fence. Requested authorization to have
a new gate installed and replacement of fence alignment. Due to time factor,
requested authorization to proceed with this line of pursuit. Councilman
Bathgate moved to approve authorization to have the Director of Public Works
enter into negotiations and contract for fencing the surrounding property of
the temporary City Hall site, with the inclusion of a new gate, seconded by
Councilman Thorpe, carried and so ordered.
(f) New water line to the temporary City Hall site has been installed.
Should be put in service this week.
City Engineer - Jack Y. Kubota
(a) The development of Becton -Dickinson is scheduled to get under way
immediately.
(b) Reported the Mission Viejo Company is now interested in the Davis
property and Lockridge Ranch.
(c) Has received two Grant Deeds for right of way for Camino Las Rambles.
Being reviewed with State Division of Highways.
(d) Requested Council consider parking spaces adjacent to shops and
shopping centers for the handicapped.
(e) Reviewed letter from the Division of Highways re: updating streets
and highways.
(f) Commented discussion at the staff meeting brought result that the
total drainage program will now be in effect, and will be administered by
the office of the City Engineer. The Director of Finance will set up the
separate accounts for these drainage fees.
WRITTEN COMMUNICATIONS
(a) Letter from Mr. Hawkins re: progress status of E1 Nido Mobile
Estates, Inc. brought favorable comment from the Council of being informed
of what is happening on the property.
(b) Announcement from Orange County Division of League of California
Cities re: General Meeting June 25, 1970.
(c) Letter from Mr. Robert M. Avila re: complaint against the Mission.
COMMITTEE REPORTS
Councilman Chermak reported on the parks dedication in reference to the
Westport development. Made comment that if we are to be going into the park
business, the program should be initiated very quickly, along with the hiring
of a park consultant. Also, the San Diego Gas & Electric Company has indicated
since their easement is on the property, they would like to have fee title to
the property and would participate in developing the park site. However, the
committee concluded that the city was not able at this time to accept this park
site and recommended giving credit for the parcel of land between the railroad
and Camino Capistrano.
City Engineer clarified the question raised on the slope easement at the
entrance. Discussion continued on the proposed four parks and concluded
that the large 4z acres for park site would be discussed at the budget session.
ORAL COMMUNICATIONS
Barry Goldman of Sunshine Craft Company addressed the Council to make
inquiry of restoring the house on the city park site, Lot 60 of Tract 5974.
Mayor stated the status of the property in question, and gave a general back-
ground as to what has transpired since the city acquired it. Clarified that
it would be premature to give an answer before the budget study session in
which the amount for parks consideration will be determined. Mr. Goldman
was advised to contact Councilman Thorpe re: attending the Parks and
Recreation Committee meeting scheduled for July 9. Mr. William Nichols of
Laguna Beach was then recognized by the Council in connection with the inquiry
of cultural restoration to historical buildings in the city. He was advised
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Minutes of the Meeting of June 22, 1970.
to contact the Historical Society for further information.
PLANNING COMMISSION MATTERS
(a) Planning Commission Minutes of June 16. Item 8(a) re: existing
La Novia as a local street. City Engineer presented the proposal and gave
a summary of actions concerning the proposal. Basic request was for an
alternate method to serve Tract 7200, and only those improvements requested
to serve the tract be installed in the first instance.
Mrs. Ross was recognized by the Council, and requested that discussion on
this issue be deferred until the Public Hearing July 7.
City Attorney spoke of his conversation with Mr. Misbin re: constructing
a half of a main arterial highway. Lengthy Council discussion followed, with
Mr. Christiansen joining in.
Councilman Bathgate made a motion to have the developer dedicate the
necessary easement for extension of La Novia and also be required to construct
the appropriate travel lanes to the standards required for a main arterial
highway to take care of the subdivision; these lanes could be modified for an
overall design. Councilman Thorpe seconded the motion, carried unanimously.
(b) Announcement of a joint meeting between the Council and the Planning
Commission -re: Mobilehome Park situation has been set for June 29, at 7:00 P.M.
UNFINISHED BUSINESS
(a) City Attorney read urgency Ordinance No. 163 in full, an ordinance
amending Ordinance No. 24 relating to business licensing. Councilman Thorpe
offered Ordinance No. 163 for adoption. Roll call was taken. AYES: Councilman
Thorpe, Bathgate, Chermak, Gammell and Forster. NOES: None. ABSENT: None.
(b) Proposed City Budget for 1970-71 to be considered at Public Hearing
on July 13.
(c) Acceptance and recordation by resolution for Easement Deed from Tustin
Land and Cattle Company clarified by the City Engineer re: architectural facade.
It was stipulated they would have to come before the Architectural Board of
Review first before any changes could occur. Councilman Chermak offered
Resolution No. 70-6-22-1, a resolution accepting and ordering recordation
of an easement deed on Camino Capistrano. Roll call was taken. AYES:
Councilmen Chermak, Bathgate, Gammell, Thorpe and Forster. NOES: None.
ABSENT: None.
WIC
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COUNCIL REPORTS
Councilman Bathgate
Requested the Council allow him to be out of the country for the Council
meetings scheduled for July 13 and July 27. Request granted.
Councilman Chermak
Made commend he was glad to see the abandoned car on the frontage road
moved to the public right of way so that action may now be taken for its
removal.
Councilman Gammell
Made inquiry re: status of gravel left on street in connection with
street repair.
Councilman Thorpe
Reported he has scheduled a brief meeting June 25, with the appointed
members of the Parks and Recreation Committee to get them started.
Mayor Forster
(a) Made inquiry for the possibility of obtaining theatre seats for the
new council chambers.
(b) Made comment of getting together with the Director of Public Works
with his request for temporary help this summer in the road work.
City Administrator related the fact that July 4 falls upon a Saturday,
this being a normal holiday afforded the employees and thereby requested the
City Council to give consideration for allowing Friday, July 3, to be observed.
Councilman Thorpe made the motion to grant this consideration for the employees
of City Hall to have July 3 off from work, seconded by Councilman Gammell,
carried and so ordered.
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The meeting adjourned at 10:38 P.M. to an Executive Session.
The Executive Session adjourned at 11:40 P.M. to an adjourned regular
meeting to be held on June 29, 1970 at 7:00 P.M.
Respectfully su fitted
nest A. Thompson
City Clerk
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