71-0111_CC_Minutes_Regular Meeting399
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
January 11, 1971
The City Council of the City of San Juan Capistrano, California, met
for a regular meeting on Monday, January 11, 1971, 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 Mr. T. J. Meadows.
Minutes of December 14, 1970 - correct page 1, item #1 of City Attorney's
report - "will attempt to lift the preliminary injunction".
Minutes of Dec. 21, 1970 - correct page 4, under Councilman Chermak's
report to read, suggested Director of Public Works look into installa-
tion of a drain underneath the existing ramp (located on the Creem
property) on Camino Capistrano to handle run off water. The Minutes
of December 14 and December 21 were then approved as corrected.
STAFF REPORTS
Acting City Administrator = Robert K. Johns
Made recommendation to hold an executive session after the
meeting to discuss the filling of the City Administrator's
position.
City Attorney - James Okazaki
Reported he will proceed with lifting the preliminary injunction
re: Mission Outdoor Sign Company so that contempt matter can
be invoked.
City Treasurer- Alice Ross
No report submitted from City Treasurer.
Finance Director - Paul P. Lew
1. Submitted monthly Treasurer's Financial Reports and
clarified question of bond redemption.
2. Councilman Bathgate moved to approve Warrant numbers 5658
through 5722 totaling $65,962.72 be paid and submitted for
audit, seconded by Councilman Chermak, carried and so ordered.
Director of Public Works - T. J. Meadows
1. Council discussed stand-by pay policy recommendation from
the Director of Public Works and concluded with Councilman
Bathgate appointed to meet with Director of Public Works and
Finance Director to investigate the possibility of the Water
District performing this duty; It was also suggested an
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incident occurrence trial study be conducted as clarifica-
tion for next budget session.
2. Engineering contract for plant expansion. Mr. Don Martinson
of Lowry Engineering -Science addressed Council and explained
the P.L. 66 Application has already been approved for
Moulton -Niguel and can be transferred to the City. Written
report from Engineering -Science was then presented. Council-
man Bathgate offered Resolution No. 71-1-11-1 accepting recom-
mendation of Engineering -Science and authorizing the Mayor
and City Clerk to execute the contract relating to the
expansion of the sewerage treatment facilities. Roll
call was taken - AYES: Councilmen Bathgate, Chermak,
Gammell, Thorpe and Forster. NOES: None. ABSENT: None.
3. Easement Deed for Alipaz Street - Councilman Thorpe made
a motion to have the Director of Public Works reply affirma-
tively to Mr. Thomas Galvan of Real Property Services of
the County of Orange that the easement was acceptable.
Councilman Bathgate seconded and motion carried unanimously.
Councilman Bathgate moved to authorize the Director of Public
Works to contact the County re: the City's interest in the
adjacent property identified as 103.6. Also, investigate
the County's policy of half the fair market value with a
decision to be made next regular meeting. It was directed
to be referred to the Parks and Recreation Commission.
Motion was seconded by Councilman Chermak, carried and so
ordered.
4. Right of Way for City Facilities Building - Councilman
Chermak offered Resolution 71-1-11-2 - granting easement
to the San Diego Gas & Electric Co. for electrical service
Roll call was taken - AYES: Councilmen Chermak, Bathgate,
Gammell, Thorpe and Forster. NOES: None. ABSENT: None.
5. Requested authority to execute pipeline license at
Aeropuerto from the Atchison -Topeka and Santa Fe Railway
for Tract 7221 (Trans -United) - $150 fee paid by developer.
Councilman Bathgate offered Resolution No. 71-1-11-3 - a
request for a pipeline license from A.T. & S.F.R. Roll call
was taken - AYES: Councilmen Bathgate, Chermak, Gammell,
Thorpe and Forster. NOES; None. ABSENT: None.
6. Advised the Council that he and representative from Lowry
Engineering -Science would be in San Francisco re: $49,200
grant to the City from F.W.P.C.A, for Oso sewer.
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January 11, 1971 - City Council Meeting Minutes (Cont'd)
NEW BUSINESS
Hearing date set for Monday, January 18, 1971 re: appeal
requested by Mrs. Lilliam Zaenglein on the Orange County
Building Department's determination of substandard buildings
located at 31841 Well Site Road.
STAFF REPORTS (continued)
City Engineer - Jack Y. Kubota
1. Subdivision programs - Tract maps 7191 and 7230 were not
released in 1970, however, plan checking is just about
completed on the additional five subdivision units from
Westport.
2. Tract 6788 - developer is scheduling rough grading inspec-
tion for the coming week. As indicated in a letter from
Mr. Jerry Mattigan, the developers are ready to start their
work immediately. Council discussion concluded with direc-
tion to the City Attorney to contact Mr. Heffernan that
condemnation proceedings will begin. Councilman Bathgate
moved to have the City Attorney file for immediate possession
with eminent domain, seconded by Councilman Thorpe, carried
and so ordered.
3. Project scheduling being distributed this week for Del Obispo
Street.
4. Councilman Bathgate offered Resolution No. 71-1-11-4 -
accepting two easement deeds re: Mobile Home Park on Alipaz
Street from Robert and Mary Cook. Roll call was taken:
AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and
Forster. NOES: None. ABSENT: None.
5. Councilman Bathgate offered Resolution No. 71-1-11-5
accepting easement deed from D. A. Gannon Company. Roll
call was taken - AYES: Councilmen Bathgate, Chermak,
Gammell, Thorpe and Forster. NOES: none. ABSENT: none.
At this point in the meeting, Councilman Chermak made
suggestion for staff to set up a communication with the
churches on Del Obispo as to how they will be affected
and their obligation re: reconstruction and realignment
of public improvements.
City Planner - Robert K. Johns
City Planner's office reported the Gallaway report had not
been received.
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PLANNING COMMISSION MATTERS
Brief comment by Council displayed concern over possible dup-
lication of street names in our immediate area, such as Paseo de La
Paz, La Paz and Avenida La Paz.
PARKS & RECREATION COMMISSION
1. Councilman Thorpe moved to grant the request of the Parks
and Recreation Commission to meet with the Westport
representatives re: their park development, seconded by
Councilman Gammell, carried and so ordered.
2. Councilman Chermak moved to have certificates of apprecia-
tion be given directly by the Parks & Recreation Commission
rather than by the Council, seconded by Councilman Gammell
and carried unanimously.
3. Councilman Bathgate suggested the Director of Public Works re-
search parkway tree regulations as to compaction and preferred
types to plant.
4. Request for demolition of the building on Lot 60 of Tract
5974 brought out considerable discussion by the Council
as to whether it would be more advantageous to bring the
building up to code or tear it down at the cost of approxi-
mately $1,500. Policy of Council was that the Parks &
Recreation Commission to recommend and Council be deter-
mining body. This item to be carried over to the next
regular meeting of the Council to permit interested parties
to acquire at no cost to the City.
5. Councilman Bathgate moved to appoint the City Engineer's
office to prepare a contour map, cost estimated at $1,000,
of the park site at San Juan Terrace, seconded by Councilman
Thorpe, carried and so ordered.
UNFINISHED BUSINESS
Councilman Bathgate made a motion to read by title only,
all resolutions and ordinances brought up at this meeting,
seconded by Councilman Gammell, carried unanimously.
1. City Attorney, James Okazaki, read by title only the
second reading of proposed Ordinance No. 172. Councilman
Chermak offered Ordinance No. 172 for adoption. An Ordinance
amending the "Precise Zoning Map" as adopted by Ordinance
No. 115, Section 3.01.3, to be designated as "Amendment No.
17". Roll call was taken - AYES: Councilmen Chermak, Bath-
gate, Gammell, Thorpe and Forster. NOES: None. ABSENT:
None.
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January 11, 1971 - City Council Meeting Minutes (Cont'd)
2. Letter of request from Sgt. John E. Mahe of the California
Highway Patrol for use of the Council Chambers for driver
improvement classes to be held each Saturday. Public
utilization of the building facility brought pro and con
responses. Councilman Thorpe then motioned to grant the
request, seconded by Councilman Gammell, carried 4 to 1
with Councilman Chermak voting noe. It was pointed out
that a set of general ground rules will be supplied by
the administrative staff and that this granting of the
request was for one series of four Saturdays on a trial
basis.
ADJOURNMENT
The meeting adjourned at 10:03 P.M. and reconvened at 10:10 P.M.
NEW BUSINESS (continued)
3. Proposed Rosenbaum Annexation #2 to the City of San Juan
Capistrano. Acting City Administrator gave brief pre-
sentation to the Council showing the property involved
with relation to the letter from Mr. Richard Turner of
the Local Agency Formation Commission. Comment was made
stating that residential use is proposed for the property
to be annexed. Mr. Akin addressed the Council on the request
of either PC or PD zoning. There were a number ofproblems
brought up relating to the area being brought up to city
standards in relation to sewers and the negative response to
the adjacent "island" property owner in being annexed.
Councilman Chermak moved to authorize the City Attorney to
speak before the hearing of L.A.F.C. as well as submit a
written report to the Commission that the City has no
objection to the annexation, seconded by Councilman Thorpe,
carried and so ordered.
4. Councilman Chermak moved to read by title only the proposed
ordinance No. 173, seconded by Councilman Bathgate, carried
and so ordered. City Attorney read proposed Ordinance No.
173 relating to adopting by reference, Orange Councy
Ordinance #2216, 2385 and 2417.
COUNCIL REPORTS
Councilman Chermak
Reported that the heavy rains have washed down trash from
the County dump onto the Capron property - staff to investi-
gate.
J AN 111971
Councilman Thorpe
1. Made request for law enforcement of the leash law for
dogs. Staff to follow up.
2. Made comment re: rate increase of the San Diego Gas &
Electric Company. The Mayor explained the position of
San Diego's fight with the Public Utilities Commission
re: undergrounding fee. Dennis Paquin, a representative
with S.D.G.&E. spoke to the Council and clarified the
many points in question and suggested a letter of information _
on this subject can be sent to the City. The Mayor will
confer with Mr. Webb and Mr. Paquin for further clarifica-
tion.
Mayor Forster
1. Stated the League of California Cities is requesting Council
action re: Human Relations Commission. Copies of this
draft will be supplied to the members of the Council after
the next League meeting.
2. Made request for the Council to give recognition to the
athletic ability of Bobby Haupert in being selected as
second string quarterback in the C.I.F. Sunset League
Championship. This mention will be in the order of a
resolution by the City Council at their next regular meeting.
3. Reported on the school districts problem of bus storage
and not paving over the green area of Buchheim Field. Mr.
Johns was directed by the Council to converse with the school
district on this matter.
ADJOURNMENT
The meeting adjourned at 11:20 P.M. to an adjourned meeting set
for Monday, January 18, 1971 at 7:00 P.M.
Respectfully submitted,
Rb
Acting City Clerk
JAN 111971