70-1026_CC_Minutes_Regular MeetingOCTOBER 26, 1970
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The City Council of the City of San Juan Capistrano, Cal-
ifornia,.met for a regular meeting on Monday, October 26, 1970, at
7:03 P.M. in the Council Chambers of the City Hall, with Mayor Thomas
A. Forster presiding.
Thompson.
The Meeting opened with the pledge of allegiance.
Invocation was given by City Administrator, Ernest A.
COUNCILMEN PRESENT: Bathgate, Chermak, Gammell,
Thorpe, Forster.
COUNCILMEN ABSENT: None.
The Minutes of the Meeting of October 13, 1970, were approved
as presented.
PUBLIC HEARING
Honsberger Annexation
This is the proposed annexation of some 33 plus acres of
unincorporated territory, more commonly known as the Honsberger prop-
erty, etc., in the County of Orange, to the City of San Juan Capis-
trano. City Administrator advised the Council that all necessary
items to be considered were taken care of, and that he had a portion
of the fees required. Director of Public Works said the property is
already in Water District #4, and sewer problem has been taken care
of. City Administrator stated it might be appropriate to certify
annexation only when certificate of use and occupancy has been issued.
Bathgate questioned how certificate can be issued without the sewer
connection. Director of Public Works stated that the City had a
good working relationship with the County Building Department, and
he was sure that when he explained the situation we would be able to
issue certificate with no problem. There was no one in the audience
at the time to speak in favor of the annexation or against it.
Councilman Bathgate offered Resolution No. 70-10-26-1
declaring there was no majority protest to the annexation, under
government Code 35312. Roll call was taken: AYES: Councilmen Bath-
gate, Gammell, Thorpe, Chermak, Forster. NOES: None. ABSENT: None.
0CT 2 61970
Councilman Bathgate then made a motion that the City
Attorney be authorized to prepare an ordinance for annexation of
said property. Seconded by Councilman Gammell, Carried unanimously
and so ordered.
STAFF REPORTS
City Administrator - Ernest A. Thompson
(a) A draft of a revised agenda format was presented to
the Council. Some of the comments were as follows: Councilman _
Bathgate said we were putting a limit on oral communications, and
that people should be able to speak when items come up on the agenda
and not just during oral communications. Mayor Forster stated that
the public is to advise Council during oral communications of their
intent to discuss certain itmes on the agenda.
Mayor Forster said that perhaps we should follow the recom-
mendation of the City Attorney to rescind Ordinance No. 3, and then
adopt an agenda format. This would then allow Council to rework agenda
as it thought best to conduct a meeting. Legal counsel was asked to
review to see if some of Ordinance 3 should be retained. (Legal coun-
sel to draft appropriate title for reading later in the meeting.)
(b) Consultant Service Agreement - Police Department
Study: Mayor Forster asked if this Agreement had been reviewed by
legal counsel. City Attorney, James Okazaki,- said he had not had a
chance to review the Agreement, but would do so and have comments
for the next meeting of the City Council.
(c) Request of Orange County Heart Association: City
Administrator explained that certain organizations have been formally
authorized to conduct fund-raising campaigns and that he was just
advising the Council of a letter of request from the Orange County
Heart Association to campaign. This campaign would be conducted
from February 1, 1970, to March 1, 1970.
(d) Transfer of Funds: City Administrator requested a
transfer of funds in the amount of $1,500.00 from the Non -Departmental
General Contingency Fund to the Administrative and Public Works De-
partment in order to be able to purchase three new IBM typewriters.
Mayor Forster stated he thought the purchase of these typewriters
OCT 2 6 1970
367
October 26, 1970 Minutes (continued)
would be better than the lease arrangement. Councilman Thorpe
questioned the price of $500.00 for a typewriter. Director of
Finance, Paul Lew, stated the personnel preferred the standard model
of IBM. The trade-in on the Olympia compared to the trade-in on an
IBM was discussed. There was an inquiry as to why the IBM selectra
model was not chosen,, and what the difference in cost would be. Mr.
Lew was directed to get additional information on the different models
and prices and report back to the Council at their next meeting.
City Attorney - James Okazaki
(a) Sign Dispute (Newport Outdoor Advertising Sign and
Mission Outdoor Advertising): Mr. Okazaki stated that Mr. John
Dawson had withdrawn from the case and asked that he be substituted
with Mr. Okazaki. He has arranged to have the hearing on dispute
continued from October 26 to November 23, 1970, to allow Mr. Okazaki
to become familiar with the case,
Councilman Chermak offered Resolution No. 70-10-26-2, sub-
stituting Mr. Dawson with Mr. James Okazaki as attorney for the lit-
igation regarding sign dispute. Roll call was taken: AYES: Council-
men Chermak, Bathgate, Gammell, Thorpe, Forster. NOES: None.
ABSENT: None.
(b) Contract for Legal Services with John Dawson: There
was a short discussion as to whether Mr. Dawson should be reimbursed
for travel expenses. This matter is to be held in abeyance until
resolutions are brought current.
(c) Contract for Legal Services with James Okazaki: Pro-
posed contract was submitted for legal services to be entered into
between City of San Juan Capistrano and Mr. James Okazaki.
Resolution No. 70-10-26-3 was offered by Councilman Bath-
gate authorizing City Clerk to execute contract with James Okazaki
for legal services. Roll call was taken: AYES: Councilmen Bathgate,
Gammell, Thorpe, Chermak, Forster. NOES: None. ABSENT: None.
(d) Regarding Ordinance No. 3: Mr. Okazaki stated he
thought all matters of a permanent nature should be under ordinances,
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and that all other matters should be by resolution. (Further action
on Ordinance No. 3 to be completed under "Unfinished Business").
Director of Finance - Paul Lew
(a) Mr. Lew submitted three bids which he had received on
the new sedan for the Public Works Director. The lowest bid was from
South Coast Motors of Laguna Beach. Director of Finance recommended
and requested that a purchase order be issued to South Coast Motors
for procurement of this vehicle. Councilman Thorpe moved to uphold
the recommendation of the Finance Director for the purchase of a
ford sedan from South Coast Motors of Laguna Beach in the amount of
$3,221.53. Seconded by Councilman Chermak, unanimously carried and
so ordered.
(b) A Financial Report for quarter ending September 30,
1970,, was submitted by Mr. Lew. Mayor Forster stated that this
statement should be reviewed and any comments could be brought up at
the next City Council Meeting.
Director of Public Works - T. J. Meadows
(a) Mr. Meadows requested approval by the City Council
of the Plans and Specificationf for the construction of the City bridge
and water line of District No. 4. Motion was make by Councilman Cher -
mak to accept the recommendation of the Director of Public Works to
approve the plans and specifications for the construction of the City
bridge and water line of District No. 4. The motion was seconded by
Councilman Thorpe, carried unanimously and so ordered.
(b) Mr. Meadows reported his attendance at Sacramento to
review the possibility of an extension of time for qualifying for
PL 875 funds. Mr. Larkin, of the California Disaster Office, re-
sponded that January 26, 1971, is the terminal date for projects
under PL 875, and that definitely there would be no granting of any
extension for any of the projects. Therefore, it was a considered
opinion that the Lallovia Bridge could not be processed in the time
period, and that the filing of an amendment to the PL 91-79 appli-
cation (debris removal) would be the appropriate method to avail the
City of some funding to support La Novia construction and its appurten-
ances. Councilman Thorpe made a motion to authorize the Director of
OCT 26Nr0
October 26, 1970 Minutes (continued)
Public Works to submit a proposed amendment to Application for PL
91-79 funds and to withdraw from PL 875. Motion was seconded by
Councilman Gammell, unanimously carried and so ordered.
(c) Mayor Forster stated he had not had a chance to re-
view the proposed agreement between the City of San Juan Capistrano,
Santa Marguarite Water District and the Moulton -Niguel Water District.
Councilman Bathgate said that he would like to study the agreement
futher. Mayor Forster then set Monday, November 2, 1970, at 7:00 P.M.
as an adjourned City Council Meeting.
(d) Reported that two students have been added to the
Public Works crew on a part-time bases. Mayor Forster stated that he
thought the minutes of the meeting of September 28, 1970 mentioned
that one student was to be hired. If this is correct, minutes should
be corrected to specify two students.
(e) Walt Capello, contractor for the off-site drain line,
has requested that Del Obispo Street be closed to traffic between the
hours of 9:00 A.M. to 3:00 P.M., and that traffic be detoured around
Via Belardes, Calle Lucana and Alipaz Street for a period of one
week (five working days).
Councilman Chermak moved to grant the request to close the
street, seconded by Councilman Bathgate, unanimously carried and so
ordered. Councilman Thorpe requested that we try to slow down the
traffic through the streets used for the detour.
Mayor Forster acknowledged Mr. Hastings in the audience,
and advised him the Honsberger Annexation had been approved.
Mayor Forster stated that the proposed draft of the bus-
iness license fee ordinance would not be discussed at this meeting.
If anyone wished to speak concerning it, this could be done uncer
"Oral Communications".
City Engineer - Jack Kubota
(a) Mr. Kubota stated that all matters under Item I of
his report were informational items only.
(b) Under Item II -B of his report, Mr. Kubota submitted
Tract No. 6141 for approval (McCarthy -Sant Company).
OCT 2 61970
370
The estimated cost of improvement for the water line, sewer line,
storm drain, street lighting and the engineering was $30,000.00.
He stated the park site would be dedicated immediately after map is
approved. Informed Council the developer had filed all necessary
legal bonds and agreements and that all fees and deposits have been
paid to the City.
Motion was made by Councilman Bathgate to approve the
agreement with Belinda Company for proposed park improvements and
authorize acceptance and signature by the Mayor. Seconded by
Councilman Chermak,.carried unanimously and so ordered.
Motion was made by Councilman Gammell to accept and
approve Tract No. 6141, seconded by Councilman Bathgate, carried and
sor ordered.
(c) Under Item III -B of report (DOL 66-103) - Mr. and
Mrs. Herman Treff have executed an easement deed for the extension
of Del Obispo. This is a right of way dedication of a triangular por-
tion of Del Obispo Street extension. City Administrator recommended
the City Council accept this easement and authorize recordation of
same. Motion was made by Councilman Bathgate to accept and record
easement, seconded by Councilman Thorpe, carried unanimously and so
ordered.
(d) Regarding Item III -C of report, State Division of
Highways would like to have an indication as to whether or not the
City is prepared to be identified as to deleting the on-ramp at Serra,
or rebuilding it. If the City deades to delete the on-ramp, the State
Division of Highways would apply the $80,000.00 it would cost to re-
build it to the amount of $200,000.00 needed to make Serra a frontage
road and connect with Valle Road along the easterly side of Inter-
state 5, making the Serra undercrossing a two-way street.
Motion was made by Councilman Bathgate to proceed with the
plan to eliminate the Serra on-ramp to Interstate 5, and make it a
frontage road. Motion was seconded by Councilman Chermak, carried
unanimously and so ordered.
Mayor Forster made inquiry regarding the grading being done
near La Novia at San Juan Creek Road. City Engineer was instructed to
investigate.
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October 26, 1970 Minutes (continued)
WRITTEN COMMUNICATIONS
(a) Resolution from City of Fountain Valley pertaining to
jet aircraft noise and pollution. No action taken.
(b) Letter from Assemblyman George W. Milias regarding Prop-
osition 20 on the November 3 ballot pertaining to a $60 million Rec-
reational Bond. No action taken.
(c) Letter from the Dana Point Chamber of Commerce requesting
a feasibility study relative to the annexation of Dana Point and Cap-
istrano Beach to the City of San Juan Capistrano. City Administrator
reported he had received a like letter from the Capistrano Beach Chamber
of Commerce. Councilman Chermak moved that staff be directed to conduct
such a study, however, to enlarge beyond the scope of feasibility.
Motion was seconded by Councilman Bathgate, although he considered that
at a later date an outside consultant study should be considered.
(d) Lavagnino Request for Certificate of Payment for final
payment on the City Facility Building Contract with Viking Company.
Councilman Bathgate made a motion to approve Certificate for
Payment in the amount of $15,373.32, seconded by Councilman Gammell,
carried unanimously and so ordered.
ORAL COMMUNICATIONS
Business License Fee
Mrs. Marilyn Williams, a member of the audience, wanted to
know why business licenses could not be discussed at this Council meet-
ing. Mentioned that comment was made at the last City Council meeting
this matter would be heard tonight. Inquired as to when she could get
the answers to questions pertaining to the business licenses. She also
proposed draft so that it would not be at City expense,
Mr. Brown, from the audience, wanted to know why the fees for
licenses could not be set by City Council tonight. Felt that a $50
limit for a license was enough.
Mayor Forster stated he and other Councilmen had just received
their draft this evening and would require further time to review it.
Councilman Gammell recommended that this matter be discussed
at the adjourned Council Meeting set for next Monday night.
City Attorney, James Okazaki, advised the Council that a
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372
public hearing was not required in this matter, but he thought people
of the community should be consulted regarding business licenses.
COMMITTEE REPORTS
(a) Ortega Parking Problem: Director of Public Works
stated Fred Newhart, of Walnut Grove Restaurant, was out of town,
but he would have something to report by the next Council Meeting.
Councilman Bathgate asked about the double -double line
to the service station. Wondered if modification might not be in _
order. The Director of Public Works said he would look into this.
PLANNING COMMISSION MATTERS
Under Item 7-b of the Planning Commission Minutes of
October 20, 1970, (USC Grant in Aid Study) a motion was made by
Councilman Thorpe to accept the recommendation of the Planning Com-
mission to defer the study, and authorized the City Administrator to
send a letter thanking Dr. Berry for his time. Seconded by Councilman
Gammell, carried unanimously and so ordered.
UNFINISHED BUSINESS
(a) The proposed appointments to the Parks and Recreation
Commission will be considered during an executive personnel session to
be held immediately after the Council Meeting.
(b) Councilman Bathgate made a motion that proposed Ordin-
ance be read by City Attorney by title only. Motion was seconded by
Councilman Thorpe and unanimously carried.
City Attorney read by title only,. an ordinance of the City
of San Juan Capistrano repealing Sections 1, 2, 3 and 5 0£ Ordinance
3 relating to establishing rules for conducting the proceedings of the
City Council of the City of San Juan Capistrano.
This constitutes the first reading.
COUNCILMEN REPORTS
Councilman Bathgate
Stated there was a serious problem at the Trabuco Creek
Crossing. People like to park at the bottom of the crossing which is
a dangerous place to stop. Inquired of the Director of Public Works
if we could make it apparent that there should be no loitering or
parking.
Councilman Chermak oVT2S19V
Inquired as to the legality of trailers being utilized at
the location of the Capistrano Valley Baptist Church. Requested that
an investigation be made and a report made to the City Council at the
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October 26, 1970 Minutes (Continued
next meeting.
Councilman Cammell
Stated that Calle Chueca is turning more and more into a
speedway and wondered if there could be signs posted disignati_ng
the spped limit is 25 M.P.H. Matter was referred to Director of
Public Works.
Councilman Thorpe
(a) Improving the general format of the agenda: Would like
to have the referenced items numbered as reflected on the agenda.
(b) Inquired if City Administrator could find out about
ordinances in other cities regarding restricting sales in non-
returnable bottles.
(c) Inquired as to the status as far as Westport is concerned.
(d) Received an invitation from Santa Ana River Basin Study
for anyone interested to go on a bus tour of the Santa Ana River
area, Saturday, November 7, 1970.
Mayor Forster
(a) Mayor Forster asked the Council if they had any opinions
regarding transit district, which is Proposition A on the November 3
ballot. Council was polled with no consensus of opinion.
(b) Jet Port Announcement: Mayor recommended that we get a
copy of Phase Two of the Master Plan on Transportation, and to review
to see if we care to take a position at some future date.
(c) Stated that two weeks previous there was an open discussion
at the City Council meeting pertaining to removing the City Adminis-
trator. On the basis of a resolution of prior council in 1963, the
legal counsel has prepared a resolution per the conditions outlined
in 1963 by the Council at that time of a Notice of Intent to Remove
the City Administrator. Mayor Forster asked the City Attorney to
read this Resolution.
City Attorney, James Okazaki, stated that before reading the
resolution the Council should be apprised of the following: If
the Council elects to remove the City Administrator, action must be
OCT 2 61970
taken on concurrence of three members of the Council Notice of
written intention of Notice to Remove must be at least 30 days
before effective date of removal. The City Administrator had
certain rights to ask for a public hearing. City Council can
suspend as soon as City Administrator is served with a copy of
the Notice of Intent, but he would be entitled to pay until
such time as hearing is held and resolution is adopted. If
Council chooses to remove City Administrator and to suspend
forthwith, there will be a vacancy in the City Administrator
and the City Clerk posts.
City Attorney then read in its entirety Resolution No.
70-10-26-4, which is a resolution of the City Council of the
City of San Juan Capistrano regarding the Dismissal of Ernest A.
Thompson as City Administrator -City Clerk.
Mr. Okazaki stated Council could add or detract from this
resolution. He also told the Council. they should state intention
to remove City Administrator and state reason therefor. The City
Administrator then has seven days to request a public hearing,
which must be conducted within that 30 -day period. Mr. Okazaki
also said that the public should not be excluded from the hearing,
but that no legal notice of hearing is required.
Mr. Kirkwood, a member of the audience, started to speak.
Mayor Forster advised him he was out of order, and that an
opportunity would be offered him to speak if a public hearing is
conducted.
Mayor Forster at this time recommended that Bob Johns be
appointed City Administrator and City Clerk pro tem, and that Mr.
Johns, Mr. Meadows and Mr. Lew be appointed to administer the
functions of this City.
Mayor Forster again offered Resolution No. 70-10-26-4 for
adoption. Roll call was taken by the City Clerk: AYES: Council-
men Forster, Gammell, Bathgate
ABSTAIN: Councilman Thorpe.
NOES: Councilman Chermak.
ABSENT: None.
Mayor Forster asked if there was any further business to come
before the Council.
OCT 2 6 heal
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October 26, 1970 Minutes (Continued
City Administrator, Ernest A. Thompson, stated he had received a letter
of request from the Civil Air Patrol to locate a house trailer on San
Juan Airport property, to be used as a headquarters and meeting place.
Mayor instructed this to be referred to the City Attorney.
ADJOURNMENT
The meeting adjourned to an Executive Personnel Session at 9:52 P.M.
Council reconvened at 10:12 P.M., and on a motion by Councilman
Chermak, seconded by Councilman Bathgate, the following were appointed
to the Parks and Recreation Commission:
Don Jeisy, Representing the School District;
Muriel Surles, Representing Area 1;
Fred Boucher, Area 2;
Dennis Paquin, Area 3;
Al Arps, Area 4; and with
C. C. Mc Cary and Clare Farrell to be members at large.
The executive Personnel Meeting adjourned at 10:14 P.M. to an
adjourned meeting, time certain, Monday, November 2, 1970, 7:00 P.M.,
Council Chambers, City of San Juan Capistrano.
Respectfully submitted,
Ernest A. Thompson
City Clerk
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