70-0824_CC_Minutes_Regular Meeting340
AUGUST 24, 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, August 24, 1970, at 7:01 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.
August 10, 1970, Minutes - Correct first sentence to read. "The City
Council met at the old City Hall site, called roll and then adjourned to the
new City Hall site." Also, correct typographical error "The Mayor recessed
the Council meeting at 9:20 P.M." The minutes of August 10, 1970, were then
approved as corrected.
August 17, 1970 Minutes - Correct typographical error on Page 1 to read
$104,299.10 instead of $104,299110. The minutes of August 17, 1970, were then
approved as corrected.
STAFF REPORTS
City Attorney - John Dawson
(a) Suggested considerations for future Council meetings - tape record
the meetings for proper recording and receive written communications as informa-
tional items and only have itemized on the agenda if subject to comment or
decision by Council.
Finance Director - Paul P. Lew
(a) Reported he will be on vacation for two weeks starting August 31, 1970.
(b) Submitted memorandum to the Council re: employee wage schedule.
Discussion raised question of salary of City Administrator and City Clerk
position. Mayor requested further discussion at an Executive Session.
Director of Public Works - T. J. Meadows
(a) Reported he had made contact with Mr. Ken Carr of the City of San
Clemente re: striping machine and coordinating some type of rental agreement
for its use. However, did make recommendation to purchase our own machine.
Mayor commented there was a 15% to 20% utilization of the machine by San
Clemente. Councilman Thorpe suggested acquiring the different times of the
year the machine is most likely to be in use resurfacing the streets. It was
also pointed out by the Mayor that he does not like to see duplication of
capital equipment in the small radius of area involved between the two cities.
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Minutes of the Meeting of August 24, 1970.
Director of Public Works was directed to pursue the schedule arrangement of
the striping machine to see if something can be worked out with San Clemente.
(b) Reported Lattimer Landscaping had given an estimate of $330 for auto-
matic sprinklers if the city crew makes the bore. Recommended authorization
to have Lattimer Landscaping proceed with the acquisition of the automatic
sprinklers. Councilman Bathgate moved to uphold the recommendation, seconded
by Councilman Gammell, carried unanimausly,so ordered.
(c) Reported he was in receipt of a copy of the merger re: the two natural
gas distributing companies of the Pacific Lighting System. The name of the
merged company is Southern California Gas Company. Upon motion of Councilman
Bathgate, it was moved that the City of San Juan Capistrano acknowledge the
receipt of a letter of August 14, 1970, in compliance with the requirement
of "Section Seven, (e)" of Ordinance No. 33 and order the same filed for
record, seconded by Councilman Thorpe, carried unanimously.
(d) Sully -Miller reconstruction in the City should commence tomorrow.
(e) Councilman Bathgate questioned the status of the Trabuco Bridge design.
Mr. Meadows stated design has been completed and has been sent to the Bureau
of Public Roads in Washington for their approval and will report to Council
when he hears from them.
City Engineer - John Pierce reporting for Jack Y. Kubota
(a) Construction proceeding on Alipaz of the three mobilehome parks.
(b) Westport proceeding with construction on model homes.
(c) Plan checking - Tract 7183 completed (Westport); Tract 7182 being worked
on (Westport); Tract 7221 commenced (Trans -United Investment Co.); and L.U.P.
70-104 (Becton -Dickinson).
(d) Has made contact with the school district re: 1911 Act and will be
in touch with the Mission also re: this subject.
(e) Continuing work on Las Ramblas interchange.
City Planner - Robert K. Johns
Informed Council of the scheduled joint session between the Planning
Commission and the City Council on Monday, August 31. Was in receipt of a
letter from Mr. Berry of the University of Southern California School of
Architecture. Mayor directed the City Planner to contact Mr. Berry to consider
giving a presentation to the joint session.
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PUBLIC HEARING
R7 70-105 (McKeon - Gannon)
Letter from McKeon Construction made request for the Public Hearing to
take place, however, no decision to be made until the next regular Council
meeting on September 14, 1970. City Planner commented it was the Planning
Commission's recommendation that the Public Hearing take place. Legal counsel
clarified Public Hearing should be on what is presented and not something new
which might be brought in later. Stated rezone does not include engineering,
planning, etc. - only a matter of land use. Public Hearing was declared open.
Mr. Newberry addressed the Council, stating they are in the process of reviewing
possible drainage costs. City Planner gave brief presentation stating Planning
Commission recommend rezone provided no further encroachment into C2A commercial
frontage. No one spoke against the rezone. The Public Hearing was declared
closed.
Councilman Chermak moved to honor the request of the applicant for having
no decision made by Council until the September 14, 1970 meeting, seconded by
Councilman Bathgate, carried and so ordered.
WRITTEN COMMUNICATIONS
(a) Letter from YMR Development Company re: request for waiver of improve-
ments for D.L. 70-104. Staff was not prepared to give presentation at this
time. Mr. Paul Voder acknowledged YMR Development was anxious to have decision
as soon as possible. Mayor directed staff to prepare a presentation for an
adjourned meeting of Council on August 31, 1970.
(b) Letter from League of California Cities requesting a voting repre-
sentative from the City at the Annual League Conference in San Diego, October
25 - 28. Mayor directed this item to be brought up under unfinished business
for the next regular Council meeting.
(c) Letter from League of Cities re: General Meeting to be held at
Anaheim, August 27. Any of the Council members wishing to attend were requested
to inform staff for reservations.
ORAL COMMUNICATIONS
(a) Letter from Mr. Bill Silzle, President of the Independent Protective
Order of Taildraggers, Inc. Mr. Silzle addressed the Council to explain the
proposed fly -in scheduled for September 12 and 13 at the San Juan Capistrano
Airport. Made request for the civic organizations to participate in food and
coke concessions. Also stated the Explorer Air Scouts will be helping in control
of traffic on the field. City Planner stated conditions are covered under the
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Minutes of the Meeting of August 24, 1970.
conditional use permit, as pertains to use of the airport, therefore
required Council approval of the proposal. Council stipulations concerning
the event were as follows: (1) Orange County Sheriff's Office to be
notified of the additional traffic burden and to assist in control; (2)
Mobilehome Park owner and other business owners in the airport industrial
area to be notified by Mr. Silzle of the fly -in; and (3) Permission granted
to cover No Parking signs on Calle Perfecto for the two day event.
Councilman Gammell made the motion to approve, subject to the stipula-
tions specified, seconded by Councilman Thorpe, carried and so ordered.
(b) Mr. Bruce Winton, President of the Chamber of Commerce, addressed
the Council to request permission to hold a Flea Mart on Saturday, September
19, 1970, from 8:00 A.M. to 7:00 P.M. Councilman Thorpe moved to approve the
request, seconded by Councilman Chermak, carried unanimously.
COMMITTEE REPORTS
Councilman Chermak stated the brochures of the City being put out by the
Chamber of Commerce are coming along very nicely. Mr. Winton stated the
brochure data will be sent to all Councilmen.
PLANNINGrCOMMISSION MATTERS
(a) Chairman of the Planning Commission addressed the Council concerning
the appointment of George W. Riley to the Architectural Board of Review
and the Site Plan Review Committee. Discussion followed concerning staff
membership of committees versus lay members Councilman Bathgate moved to
accept the appointment of Mr. Riley and that the City Planner will be secretary
to these committees, seconded by Councilman Gammell, carried and so ordered.
Referred the membership question to the Planning Commission for recommendation.
(b) Recommended street name for City Hall - Paseo de la Ciudad was
considered by the Planning Commission. No decision was reached and will
be taken up at the next regular meeting. Anyone with suggested names were
requested to submit them to staff.
(c) Gave recommendation for denial of petition re: closing of Via
Los Pajaros. Mayor abstained himself from any discussion or decision on
this subject due to possible conflict of interest. Council discussion
covered impact and possible alternatives and lack of substantive reasoning.
Councilman Thorpe questioned the validity for denial of a Public Hearing
as requested in the petition. Councilman Chermak moved to deny the
petition for a Public Hearing, seconded by Councilman Gammell, carried 2
to l with Councilman Thorpe voting Noe and Mayor Forster and Councilman
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Bathgate abstaining.
UNFINISHED BUSINESS
(a) Councilman Bathgate moved to read by title only the second
reading of Ordinance No. 166, seconded by Councilman Gammel, carried.
Legal counsel read Ordinance No. 166 by title only. Councilman Bathgate
then offered Ordinance No. 166 - creating a Parks and Recreation Commission,
establishing procedures and prescribing its duties. Roll call was taken.
AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster.
NOES: None. ABSENT: None.
(b) Legal counsel read in its entirety urgency Ordinance No. 169.
Councilman Chermak offered Ordinance No. 169 re: regulating the use of
motor driven vehicles on private property. Roll call was taken. AYES:
Councilmen Chermak, Bathgate, Gammell, Thorpe and Forster. NOES: None.
ABSENT: None.
/ (c) Al Rabalais gave presentation of re -draft of park dedication re:
4.9 acres on east side of Camino Capistrano for the Westport project. New
agreement was submitted to Council. Councilman Chermak offered Resolution
No. 70-8-24-1 authorizing the execution of the agreement. Roll call was
taken. AYES: Councilmen Chermak, Bathgate, Gammell, Thorpe and Forster.
NOES: None. ABSENT: None.
U Councilman Thorpe offered Resolution No. 70-8-24-2 re: developer to
pay costs for drainage easement. Roll call was taken. AYES: Councilmen
Thorpe, Bathgate, Chermak, Gammell and Forster. NOES: None. ABSENT: None.
Councilman Bathgate offered Resolution No. 70-8-24-3 re: Westport to
install automatic safety devices at west side of railroad at Oso Road.
Roll call was taken. AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe
and Forster. NOES: None. ABSENT: None.
(d) Issue of "No Parking" on Calle Perfecto was discussed at length
by the Council with members of the audience from the industrial involved
participating in the discussion. Mayor requested no action be taken on the
petition submitted from the industrial area at this time. Made suggestion
to have the petitioners appoint a spokesman to meet with Councilmen
Chermak and Thorpe to go over the issue.
ADJOURNMENT
The meeting adjourned at 9:55 P.M.
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AUGUST 24. 1970
ADJOURNED REGULAR MEETING
The adjourned regular meeting of the City Council reconvened at 10:05
P. M
1. Appointment of City Attorney
Councilman Chermak moved to appoint Mr. James Okazaki as City Attorney
for the City of San Juan Capistrano. Appointment to be reviewed prior to
the next fiscal year. Motion was seconded by Councilman Batngate and
carried unanimously. Mayor directed staff to notify the other applicaftts
reviewed of the Council's decision. Councilman Chermak moved to retain
Mr. Dawson as special counsel to finish the litigations now in process,
seconded by Counciiman Thorpe, carried and so ordered.
2. Council Reports
Councilman Bathgate
Made inquiry re: Ganado design and construction. Appointment of a
Design Engineer will be made at the next adjourned regular meeting, which
is a joint meeting between the Council and the Planning Commission.
Finance Director was directed to secure brochures and pricing on sliding
panel tracks for installation of maps in the Council Chambers.
Councilman Chermak
Suggested a proposed ordinance to prohibit new construction on Sundays
which would help to do away with unauthorized work. Referred to new
City Attorney.
Mayor Forster
Instructed staff to contact Mr. Grace and Mr. Just to present their
views for a Police Department Study. An early work session was set for
6:00 P.M., Monday, September 14, 1970, to hear their presentation.
ADJOURNMENT
The meeting adjourned at 10:34 P.M.
Respectfully subiotted,
Acting C*ty Clerk
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