70-0713_CC_Minutes_Regular Meetingx;12
JULY 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, July 13, 1970, at 7:03 P.M. in the Council
Chambers of the City Hall, with Mayor Thomas A. Forster presiding.
COUNCILMEN PRESENT: Chermak, Gammell, Thorpe and Forster
COUNCILMEN ABSENT: Bathgate
The meeting opened with the pledge of allegiance. Invocation was given
by the City Attorney, John H. Dawson.
There was a correction to the minutes of June 22, 1970. On page 4, item
(h) - add, approved as corrected. The minutes of June 22, 1970, were then
approved as corrected. The set of minutes for June 29, 1970, were approved
as presented.
STAFF REPORTS
City Administrator - Ernest A. Thompson
(a) Reported Item #2 on the July 1 Board of Supervisors' agenda was for
the adoption of the Master Plan of Drainage and that the July 14 agenda showed
the request for the extension of time for a loan on Waterworks District No. 4.
(b) Reported Mr. Craig Strickland gave a verbal appraisal of the Jose
Mesa property. Based on the square footage, less 15% for lack of improvements,
the figure given was $7,225. Mayor stated that when the written appraisal
is received, the matter can be brought up as an item number on the agenda for
Council meeting.
(c) Tract 6788 (Del Obispo Investment Co.). City Attorney gave brief
summary - recommended approval since all fees have been paid and all documents
are on file. Mr. Ron Birtcher addressed the Council and requested consideration
due to a time factor in acquiring their financing. The Mayor stated he felt
the two new Councilmen should have time to review the legal opinion submitted
by the City Attorney as well as the background information pertaining to this
subject matter.
City Attorney - John H. Dawson
(a) Awaiting signature of Mr. Bob Patrick on letter of consent as lessee
for easements adjacent to the Mission properties along Ortega Highway.
7-/� -1 (b) Has received a copy of the agreement and deed for ingress and egress
easement for entrance to the temporary City Hall.
At this point in the meeting, Councilman Chermak made a motion to have all
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Minutes of the Meeting of July 13, 1970.
7-/„-f ordinances and resolutions read by title only for this meeting, seconded by
Councilman Thorpe, carried 4 to 0.
Councilman Chermak offered Resolution No. 70-7-13-1 for accepting and
authorizing recordation of the Oyharzabal deed. Roll call was taken. AYES:
Councilmen Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT:
Councilman Bathgate.
(c) Reported on status of court decision on the Mission Outdoor Sign
Company, Inc. The judge had imposed a $50.00 per day fine from Febraury 14,
date of infraction, through June 30. They have 15 days to take the sign down
or pay the fine. The Mission Outdoor Sign people have requested a review
and the City Attorney will keep the Council apprised of the outcome.
Finance Director - Paul P. Lew
(a) Memo from Finance Director and Director of Public Works showing three
bids for the purchase of a striping machine. Council discussion followed:
Councilman Gammell moved to authorize acquisition of the Prismo Universal
striping machine at a cost of $6,427.20, seconded by Mayor Forster. Council-
men Chermak and Thorpe voted NOE, bringing the vote to a 2 - 2 tie. Council-
man Chermak moved to purchase the Unimasco Model 9500 from the J. E. Bauer
Co., seconded by Councilman Thorpe, (costing $7,280.80). Councilman Gammell
and Mayor Forster voted NOE. Due to a lack of a majority vote, the Mayor
postponed any decision for purchasing the striping machine until Councilman
Bathgate returns to make the deciding vote.
(b) The Finance Director requested payment for the List of Demands for
the month ending June 30, 1970. There were several questions asked by the
Council. It was also stipulated that the Finance Director would negotiate for
a new loan from Southern California 1st National Bank re: payoff loan of the
park site located in the Terrace. Councilman Chermak moved to approve payment
of warrant numbers 5148 through 5206, totaling $179,380.67, seconded by
Councilman Thorpe, carried and so ordered, by a 4 to 0 vote.
PUBLIC HEARING
Rezone RZ 70-104 (French)
1. City Administrator gave brief summary of the area of land involved
for the rezone. The Mayor declared the Public Hearing open. Mr. French
addressed the Council to speak in favor of the rezone. Stated the owner would
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probably develop multiple units in line with the zoning control imposed by
the City. The City Planner clarified the most rigid zone for control of
residential development is a PD district. There was no opposition to the
rezone. Public Hearing was declared closed. The City Attorney read by
title only the proposed ordinance - amending the "Precise Zoning Mapm as
adopted by Ordinance No. 115, Section 3.02.3, to be designated as
"Amendment No. 16".
PUBLIC HEARING
Proposed Budget 1970-71
2. The City Administrator gave a presentation on the proposed expenditures,
estimated revenues and transfers, general fund and special funds. The Public
Hearing was then declared open. The Mayor stated at this time that the City
Administrator had recommended the establishment of a police department,
however, no decision would be made at this meeting for or against its establish-
ment. The Mayor asked for any comments from the audience in favor of the
proposed budget. There was no reply. The Mayor then asked for anyone in
opposition. The following individuals were recognized by the Council. David
Bergeson, Al Rabalais, Marilyn Williams, Shelton Snyder, Mrs. Porter, Mrs.
Beggs, Bill Hicks, Fred Boucher. Lengthy discussion followed with Council
participation clarifying some of the questions raised by individuals.
Mrs. Ross stated at this time that she was unable to reconcile the budget
for last year. The Mayor directed the City Treasurer, Mrs. Alice Ross, to
write a memorandum to the City Council explaining why.
The Public Hearing was then declared closed.
The Council spent a great deal of time discussing the merits of establish-
ing our own police department as compared to the disadvantage of its inception
at this time. There was also strong debate on the low figure projected in the
proposed budget as being entirely below a realistic cost.
The Mayor recessed the meeting at 9:37 P.M. and reconvened at 9:46 P.M.
STAFF REPORTS (continutai)
Finance Director - Paul P. Lew
Requested authorization to pay the Waterworks District No. 4 $9,887.25 for
installation of water main line to City Hall facilities building. Councilman
Thorpe moved to grant the request for payment, seconded by Councilman Chermak,
carried 4 to 0.
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Minutes of the Meeting of July 13, 1970
Director of Public Works - T. J. Meadows
(a) Made recommendation of accepting the bid from A-1 Fence Company
in the amount of $736.00, plus for construction of the fencing at the Public
Works Building. Councilman Chermak moved to award the contract to A-1
Fence Company, seconded by Councilman Gammell, carried and so ordered.
(b) Informed the Council that Scully -Miller was apparent low bidder
for the reconstruction of Ortega Highway and the local streets over the bid
of the Griffith Company. The City Engineer read the schedules for the pro-
jected work to be done and gave recommendation of Alternate I. Councilman
Chermak moved to uphold the bid and award to Scully -Miller and using the
Alternate I schedule in the amount of $22,871, seconded by Councilman
Thorpe, carried by a 3 to 1 vote, Councilman Forster voting NOE, and Council-
man Bathgate absent.
7-/.B -me(c) Reported plans are completed for the Oso Road Crossing of Trabuco
Creek. Requested authorization to publish legal notice for bid requests.
Councilman Chermak offered Resolution No. 70-7-13-2 - setting the bid date for
July 27, 1970, at 11:00 A.M. in the Council Chambers. Roll call was taken.
AYES: Councilmen Chermak, Gammell, Thorpe and Forster; ABSENT: Councilman
Bathgate. NOES: None.
(d) Requested approval of hiring one more "summer help" employee for
use in the Public Works Department under the same terns and conditions of
temporary help hired at $1.85 per hour. Councilman Chermak moved to approve
the request, seconded by Councilman Thorpe, carried and so ordered.
City Engineer - Jack Y. Kubota
(a) Had received the Grant Deeds for rights of way from Darmi. However,
in a letter just received from the Division of Highways, these deeds are not
acceptable due to certain conditions stated by Mr. Misbin. The Mayor directed
the City Engineer to get together with the developer to work this out.
(b) Requested approval for the removal of a tree on the west side of
Camino Capistrano and south of Oso Road due to its being located in the path
of projected construction by Westport. There were no objections by the
Council and the Mayor recommended the developer to replant a 50 gallon tree.
(c) Had received the one year extension from the Public Utilities
Commission re: railroad crossing improvement at Oso Road.
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316
WRITTEN COMMUNICATIONS
(a) Letter from Orange County Probation Department re: Community
Service project. Councilman Thorpe pointed out that since we do not have
our own police department, we are not qualified to enter into the program.
The Mayor directed the City Administrator to reply to the Probation Department.
(b) Letter from Planning Commissioner Lavagnino received by the Council
and filed.
(c) Letter from the Public Utilities Commission re: extension of time
for complying with the P.U.C. regulations for installation of crossing pro-
tection devices at Oso Road.
(d) Letter from Mr. Steward Clark commending staff.
(e) Announcement of Orange County League of California Cities Meeting
July 16, 1970.
1. Due to the Laguna Beach Festival of Arts invitation, the Water Tour
was cancelled to a later date to be announced.
2. Minutes of Executive Meeting of June 11 were received and filed.
3. Resolution re: Senate Bill 104 - there was some question by the
Council re: this bill. City Attorney offered to check out.
4. Treasury Report of the League was received and filed.
5. Letter from Orange County Traffic Engineering Council,
(f) Letter from Orange County Health Department re: (1) fly abatement,
and (2) manure dealer permits. City Attorney clarified the County Ordinance
#2382 for fly abatement and Ordinance #2388 re: permits for commercial manure
dealers. Was read by title only.
(g) Letter from Mr. E. E. Hector requesting he be granted a Waiver of
Ordinance No. 115, Sections 7.101.1 and 7,01.3, to permit the enlargement of
a two unit apartment house - a nonconforming residential use in the C-1 H _
District. City Planner clarified. Council discussion revealed that certain
hardships do exist in this district and that they will be judged on their
own merits. Mr. Paul Yorba joined in the discussion. Councilman Thorpe
moved to grant the request and to consider these plans as precise for con-
struction purposes, seconded by Councilman Chermak, carried unanimously.
(h) Letter from Mr. Robert W. Selig representing Pacific Drive -In
Theatres Corp. re: L.U.P. 64-113, requiring employment of a Sheriff at all
times. Mr. Selig addressed the Council with the oral request of dropping this
requirement. He mentioned that the incident rate is such as to not warrant this
added expense of $200 per week. Councilman Chermak gave recommendation of
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The Minutes of the Meeting of July 13, 1970.
supervised personnel taking over completely. Councilman Thorpe moved to
waive the condition of a deputy sheriff in attendance at the Mission Inn
Drive -In for six months, seconded by Councilman Gammell, carried unanimously.
NEW BUSINESS
Progress payment to the Viking Company was presented by the City Adminis-
trator. Councilman Gammell moved to approve the progress payment #4 in the
amount of $15,730.78, seeonded by Councilman Thorpe, carried and so ordered.
PLANNING COMMISSION MATTERS
(a) Planning Commission minutes of July 7 requested Council to set
second Public Hearing for the Precise Alignment of La Novia. Council set
August 10, 1970, for Public Hearing.
COMMITTEE REPORTS
Mr. Al Rabalais of Westport Enterprises, Inc. addressed the Council and
gave presentation of the proposed five acre parksite and stated they will
maintain the park until such time as the City is able to take over. Westport
will do all the rough grading and give the land to the city. There was
lengthy discussion by the Council. At one point, the Mayor stated he did not
like the idea of acquiring the land at all for a park site. The Mayor instructed
the Parks and Recreation Committee to meet again this week and also made request
to be in attendance, as well as Councilman Gammell. Councilman Thorpe stressed
the fact the parksite proposal fit the General Plan for the context of a
neighborhood playyard. Acceptance of the rest of the proposed parksites by
Westport are to be credited.
Council discussion set July 27 as the deadline for receiving applications
for the new City Attorney so that interviews may be set up. It was requested
that the press be so informed so that an announcement could be made in the
local newspaper.
The Chamber of Commerce has requested the City to present a short program
for the business/dinner meeting set for July 31, 1970.
The meeting adjourned at 11:44 P.M. to an adjourned meeting July 15, 1970,
at 6:00 P.M.
Respectfully ub tted,
Er st A. Thompson
City Clerk
J U L 13 1970