70-1113_CC_Minutes_Regular MeetingNOVEMBER 23, 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, November 23, 1970, at 7:11 P.M. in the Council Chambers
of the City Hall, with Mayor 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 Rev. William D. Davenport.
The Minutes of November 9th, 1970 were approved as presented. The following
corrections were made to the Minutes of November 16th, 1970: paragraph three under
item #5 - Mayor Forster, with Council consent, directed the City Attorney to prepare
a resolution for consideration with respect to severance benefits and utilization of
Mr. Ernest A. Thompson's knowledge from December 1, 1970 through March 1, 1971. Item
#7 - Councilman Bathgate spoke of Sanitray Disposal contract with Truman Smith and
their desire for fee escalation. The Minutes of November 16th, 1970 were then approved
as corrected.
PUBLIC HEARING
L.U.P. 70-119 (Goya) - To permit a 279 space adult mobilehome park in the
U-1 District. Appeal of Planning Commission denial.
The Acting City Administrator, Mr. Robert K. Johns, gave a brief presentation
of the background of the Planning Commission's denial by a 5 to 0 vote to permit a 279
space mobilehome park in the U-1 Unclassified District. The Public Hearing was then
declared open by Mayor Forster. Mr. Goya addressed the Council members and the
audience showing the proposed development on his property. Pointed out the Real Estate
Commission's negative response to any type of development on this property, such as
apartments or homes, and felt a mobilehome park on his site could be the only utili-
zation for the land. Mr. Johns then read into the record, a petition signed by 41
property owners in the adjacent area in favor of the proposed land use. Mr. Jack
Caverly also spoke in favor of it.
Mr. Carl Romer spoke to the Council in opposition to the proposed use due
to the fact a portion of the area fronts on zoned commercial property which is assessed
at $90,000 per acre. Dr. Phyllis Shainman also opposed the use and referenced the
Study done by the Mobilehome Committee which suggested no more mobilehome parks until
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other developments come into the area to balance out the density. Mr. Goya pointed
out that the Study suggested landslide areas should be used for mobilehome parks
rather than homesites. Mr. Don Moore was in favor of granting the use to simply
offer the property owner some relief in keeping up the taxes and assessment district.
Mrs. Lovell and Natallie Mitchell opposed the use.
Public Hearing was declared closed.
The master plan of the City now shows commercial and medium high density
for use on the area in question. Easements were discussed with the City Engineer
stating that private owners would settle with the developer rather than being the
City's determination.
Council concensus concluded with Councilman Gammell making a motion to
deny the appeal of Mr. Goya, seconded by Councilman Thorpe.
Councilman Bathgate then commented that Mr. Goya's problem is certainly
an indication of a major problem of property owners being taxed and assessed, as well
as being involved in flood control problems and appealed to the Council to come up
with a plan to help the property owners
natural resource zoning.
Councilman Thorpe mentioned a possible
The vote was upheld to deny the appeal by 4 to 0 with Mayor Forster
abstaining.
Comment from the Mayor stated the southern part of the county has been
getting a lean part of the Flood Control money due to our sparse population and
felt we should contact the agencies involved in order to get help for the people.
STAFF REPORTS
Acting City Administrator
Robert K. Johns
1. D.L. 69-107 (Hills) - Councilman Chermak moved to accept the Easement
Deed for recordation, subject to the City Attorney's approval of form, and authroize
the Mayor and City Clerk to sign, seconded by Councilman Gammell, carried and so
ordered.
2. Civil Air Patrol's request for a mobilehome on Lot 9 of Tract 6402
was recommended by Councilman Chermak to go to Mr. Robert K. Johns office for in-
vestigation.
3. L.U.V. 64-111 (Baptist Church) - Mr. Johns quieried Rev. Davenport
of the proposed operation. The request of the church is for an iterim use of the
module homes for their youth program until their building program is completed,
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Minutes of the Meeting of November 23, 1970
possiblity a year or two. Also made request for extension of the road requirement
until the next unit is built. City Engineer stated the church has always had the
requirement to build 292' of the Del Obispo. Councilman Bathgate moved to approve
the temporary use of the modular homes for a period of one year, with a possibility
of a one year extension, seconded by Councilman Chermak, carried and so ordered.
The City Engineer and the Director of Public Works were directed to meet with Rev.
Davenport re: road widening project.
4. Councilman Chermak moved to grant the request of the Acting City
Administrator to go on vacation from December 24th through December 27th, seconded
by Councilman Thorpe, carried unanimously.
City Attorney
James Okazaki
1. City Attorney read proposed resolution recognizing the services of
John H. Dawson. Councilman Bathgate offiered Resolution No. 70-11-23-1 acknowledging
with appreciation the services rendered by John H. Dawson as City Attorney from
April, 1961 to August, 1970. Roll call was taken - AYES: Councilmen: Bathgate,
Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None.
2. City Attorney read proposed resolution recognizing the services of
Ernest A. Thompson. Councilman Bathgate offered Resolution No. 70-11-23-2. Roll
call was taken - AYES: Councilmen: Bathgate, Chermak, Gammell, Thorpe and Forster.
NOES: None. ABSENT: None.
3. City Attorney read proposed resolution concerning the resignation of
Mr. Ernest A. Thompson. Councilman Thorpe offered Resolution No. 70-11-23-3 con-
cerning the resignation of Mr. Thompson and establishment of consultant fee for
three months. Roll call was taken: AYES: Councilmen: Thorpe, Bathgate, Chermak,
Gammell and Forster. NOES: None. ABSENT: None.
Finance Director
Paul P. Lew
1. Submitted written proposal for purchase of a Public Address System.
Councilman Gammell moved to uphold the recommendation of the Finance Director to
purchase the equipment from the Camera Casa, seconded by Councilman Thorpe, carried
and so ordered.
2. Gave three written proposals for the insurance program re: medical
and life benefits. Mr. Esten of Connecticut General gave brief presentation to
the Council for the medical as did Mr. Hobbs of Standard Insurance Company for
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life insurance. After the Council's discussion with the two representatives and
the Finance Director, it was directed to have Councilman Thorpe meet with Mr. Lew
and the representatives and report back to the Council on November 30th which will
be an adjourned meeting to handle this point of business.
Director of Public Works
T. J. Meadows
Made request for the Mayor and City Clerk to be authorized to sign two
agreements with the water district. Councilman Bathgate moved to authorize the
Mayor and City Clerk to sign the agreement for the mobil radio lease, seconded
by Councilman Thorpe, carried and sor ordered. Councilman Bathgate then moved
to authorize the Mayor and City Clerk to sign the agreement re: rental of the
NCR billing machine and rental of space for storage of same, seconded by Council-
man Thorpe, carried and so ordered.
City Engineer
Jack Y. Kubota
1. Requested acceptance of two easement deeds, (1) Oyharzabal property
and (2) Cook property on Alipaz Street. Councilman Thorpe moved to accept for
recordation, subject to the City Attorney's approval of form, and to have the
Mayor and City Clerk sign the deeds, seconded by Councilman Gammell, carried and
so ordered.
2. Tract 6788 (Del Obispo Investment Co.) re: negotiation for off-site
sewer. Reported on the meeting with Mr. Vermeulen and that he was willing to
settle for $4,000. Councilman Bathgate and Mayor Forster explained how this
figure had been arrived at, as well as the fact the developer will be liable for
any crop damages and restoration of private facilities. Councilman Chermak moved
to accept the offer and purchase the easement at the stipulated price of $4,000,
seconded by Councilman Thorpe, carried and so ordered.
3. Tract 6141 (McCarthy -Sant Development) - requested authorization
to secure permit #29270, an application for storm drainage opening (side channel)
to San Juan Creek Channel. The City Engineer clarified to the Council that
work is not permitted on the channel between October 15th and April 15th. Also
the question was raised re: inundation of the Tracts - the Flood Control states
one thing and the Corps. of Engineers another. Councilman Bathgate moved to
authorize the City Engineer to be the agent for securing the permit, seconded by
Mayor Forster, carried and so ordered.
4. The corrected Grant Deed for a portion of the property required for
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Minutes of the Meeting of November 23, 1970
the Las Ramblas Interchange. Councilman Bathgate moved to accept and
record, seconded by Mayor. Forster, carried and so ordered.
PLANNING COMMISSION MATTERS
1. Council set second Public Hearing for RZ 70-106 (McKeon)
for December 14th, 1970, at 7:00 P.M.
2. Resolution No. 70-11-17-2 of the Planning Commission re:
land use determination relating to sales offices and model areas for
approved mobilehome parks. Dr. Watkins of Capistrano Mobilehome Estates
addressed the Council and related that his park in fact had used this
procedure and felt that the land use should be granted so as to apply
to all parks. Director of Planning was directed to bring this up under
Unfinished Business on the next agenda for Council.
3. A joint meeting with the Planning Commission to discuss
Air Transportation Study, Phase II was set for Monday, November 30th.
This meeting will also have the Parks and Recreation Commission in
attendance for a work session.
INFORMATIONAL ITEMS
Letter from the Chamber of Commerce questioning the need for
addional traffic lights. City Engineer responded that the policy of the
City for traffic control has always been at the decision of the Council.
Also pointed out however, that a traffic count will be conducted at
Christmas time, in the spring and during the summer.
ADJOURNMENT
meeting.
The meeting adjourned at 10:04 P.M. to an adjourned regular
The meeting reconvened at 10:05 P.M.
UNFINISHED BUSINESS
1. The proposed Ordinance No. 171 for regulation of Business
Licenses was brought before Council for discussion. Ordinance No.40
will replace the section on vending machines. Also, used car dealers
will fall in the catagory of automobile dealers.
There was comment as to dual businesses paying for more
than one license. City Attorney will include $125 maximum limit for
all licenses in all sections, and will rewrite item c on page 15 per-
taining to apartments. Councilman Gammell moved to have the City
Attorney read by title only, the proposed Business License Ordinance
No. 171, seconded by Councilman Thorpe, carried unanimously. Council-
man Thorpe then offered Ordinance No. 171 for adoption. Roll call
was taken - AYES: Councilmen: Thorpe, Bathgate, Chermak, Gammell
and Forster. NOES: None. ABSENT: None. Mrs. Marilyn Williams
thanked the Council for arriving at a workable business license or-
dinance for the business community.
2. City Attorney read the proposed resolution commending
the services of Supervisor Alton E. Allen. Councilman Bathgate offered
Resolution No. 70-11-23-4. Roll call was taken - Ayes: Councilmen:
Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT:
None.
City Attorney then read the proposed resolution commending
the services of Supervisor William Hirstein. Councilman Thorpe
offered Resolution No. 70-11-23-5 for adoption. Roll call was
taken - AYES: Councilmen: Thorpe, Bathgate, Chermak, Gammell and
Forster. NOES: None. ABSENT: None.
COUNCIL REPORTS
Councilman Thorpe
Apprised Council members he will be on vacation and not in
attendance for the December 28th, 1970, meeting.
Mayor Forster
Procedures for voting at the League of California Cities
discussed and no action taken.
ADJOURNMENT:
The meeting adjourned at 10:55 P.M. to an Adjourned Regular
Meeting on Monday, November 30th, 1970, at 7:00 P.M.
Respectfully, s_vXmitted,
Rbbe1-t ,K. ohns
Acting ty Clerk
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