71-0208_CC_Minutes_Regular Meeting41�
February 8, 1971
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, February 8, 1971, at 7:12 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.
The Minutes of January 25, 1971 were approved as presented.
Councilman Gammell moved to have all ordinances and resolutions
for this meeting read by title only, seconded by Councilman Thorpe,
carried unanimously and so ordered.
STAFF REPORTS
Actine Citv Administrator - Robert K. Johns
1. Will keep Council apprised of any new developments re: the
State's interest in acquiring a portion of the Capron property
north of Aeropuerto.
2. Reported on Mr. Dawson's request for city staff to furnish him
with a list of resolutions which have not been accomplished
and copies of Council Minutes in order that these resolutions
can be brought up to date so that he can receive payment for
his billing for mileage which was submitted in the amount of
$842.25. This amount is being held in abeyance until the
resolutions are brought up to date. Council discussion
questioned the validity of payment for mileage when in fact
this had never been submitted for billing in the previous nine
years. There was also some discussion as to whether the resolu-
tions should be presented in draft form or on tape. Mayor
Forster referred the matter to the office of the City Attorney
with Councilman Chermak as a resource to consult with to see
if this could be resolved with Mr. Dawson in some way.
City Attorney - James Okazaki
Reported he had not received any new information on the Swartout
property situation.
City Treasurer - Alice Ross
Trial Balance Treasurer's Report for December 31, 1970 received
and filed by Council.
Finance Director - Paul P. Lew
Under discussion of demands, question arose concerning Xerox
and Council's desire to review lease on any new and larger
machine.
FEB 81971
Page 2
City Council Minutes - February 8, 1971 (continued)
Councilman Bathgate moved to approve for payment warrant
numbers 5723 through 5799 in the amount totaling $66,292.88,
seconded by Councilman Thorpe, carried unanimously and so
ordered.
Director of Public Works - T. J. Meadows
Reported that the City Council of San Clemente had approved
the proposed rental agreement for street line painting services
and had authorized their Mayor and City Clerk to execute same.
Councilman Thorpe moved to authorize the Mayor and City Clerk
to execute the agreement on behalf of the City of San Juan
Capistrano, seconded by Councilman Bathgate, carried unani-
mously and so ordered.
City Engineer - Jack Y. Kubota
1. Reported Westport had not submitted the three party agreement
on Tracts 7191 and 7230 to the City. However, informed by
staff that agreements were submitted to City Attorney. Also,
sewer fee in the amount of $12,825 for Tract 7230 had been
paid.
2. Made recommendation for the Council to accept two easement
deeds from Eugenie Oyharzabal for public improvement construc-
tion in Tracts 7191, 7192, 7193, 7194 and 7195. Councilman
Chermak offered Resolution No. 71-2-8-1 authorizing recorda-
tion of subject easement deeds. Roll call was taken. AYES:
Councilmen: Chermak, Bathgate, Gammell, Thorpe and Forster.
NOES: None. ABSENT: None.
3. City Attorney reported on Tract 6788 and felt crop issue of
$100 a running foot for sewer easement is apparently out of
line with appraisal. No decision made.
4. City Attorney reported on Mesa property acquisition and
stated he has contacted the inheritance tax people and —
hopefully will get release on the property very shortly.
5. Traffic control for Los Rios & Verdugo Street intersection.
Mayor Forster moved to have the Director of Public Works
follow the recommendation of the City Engineer to put up
a stop sign, seconded by Councilman Gammell, carried unani-
mously and so ordered.
City Planner - Robert K. Johns
1. Reported on letter of request from Mr. Robert Patrick for
waiver of sidewalk improvements on Camino Capistrano and
dedication and improvements for E1 Camino Real. City
FEB 819;1
Page 3
City Council Minutes - February 8, 1971 (continued)
Engineer gave presentation showing the Church property,
Darnold and Olivares property and the reason for improvements.
Mr. Patrick addressed the Council and questioned the immediate
need for improvement of sidewalks when the adjacent Darnold
property improvements were not called for. He requested
consideration since he had given the corners for wider turns
on Camino Capistrano and E1 Camino Real. Council discussion
brought out the opinion that the need for improvement is now.
Councilman Thorpe moved to grant a 90 day waiver on all
improvements so as to allow the lessee to go ahead with the
opening of a business, seconded by Councilman Chermak.
Motion failed to pass. Councilman Bathgate moved to waive the
improvements for Camino Capistrano sidewalk until such time
as the City Engineer presents improvement plans showing profile
of this property, plus Darnold property and to waive improve-
ments for El Camino Real until such time as the property to the
south developes or is called for by the City Council. Stipula-
tion is that a certificate of use and occupancy shall not be
denied pending Council action on Camino Capistrano. The
motion was seconded by Councilman Gammell and carried unani-
mously. City Engineer directed to meet with applicant's
engineer regarding improvement plans for Camino Capistrano.
2. Letter of request from the McCarthy Company for a one-year
extension of the temporary certificate of use and occupancy
#T-185-69 - Sales Office in Troy Homes. Councilman Chermak
moved to grant the request, seconded by Councilman Bathgate,
carried and so ordered.
3. Councilman Chermak moved to grant the one-year extension
request of time for the off site directional sign advertising
for Capistrano Valley Mobilehome Estates, seconded by Mayor
Forster, carried 3 to 2, with Councilmen Gammell and Thorpe
voting noe.
WRITTEN COMMUNICATIONS
Letter of resignation from Mr. George W. Riley as Chairman
of the Site Plan Review Committee. Councilman Chermak
moved to accept the resignation, seconded by Councilman
Bathgate, carried unanimously.
At this point in the meeting, Mr. Swartout was recognized
by the Council to speak in behalf of his property of which
Page 4
City Council Minutes - February $ 1971 (continued)
the City Attorney had previously stated there was no new
information to report on. He questioned the legality of
the Drainage Ordinance and why the City is not honoring the
City agreement made with the Oyharzabals. It was mentioned
at this point by the City Engineer, in connection with the
subject property, that an illegal division of land had taken
place. The Mayor stated he will meet with Councilman Chermak,
the City Attorney and the City Engineer regarding the
allegations made by Mr. Swartout.
PLANNING COMMISSION MATTERS
1. Councilman Gammell moved to accept the street name of Paseo
Adelanto for the City Hall road, seconded by Councilman
Chermak, carried unanimously and so ordered.
PARKS & RECREATION COMMISSION
1. Mr. Dennis Paquin, Chairman of Parks & Recreation Commission,
addressed the Council to request funds for the Mini Park in
the amount of $265. Councilman Chermak opposed this expendi-
ture due to the fact it could not be policed properly. Mr.
Paquin stated the San Juan Beautiful Committee would be doing
the work of installation. Councilman Gammell moved to approve
the $265 purchase of equipment, seconded by Councilman Thorpe,
carried 4 to 1, with Councilman Chermak voting noe.
2. Mr. Paquin gave brief presentation of the proposed Play
Scape equipment available from Playground Corporation of
America. Council conclusion was that they would like to look
at the whole plan before a decision is made.
UNFINISHED BUSINESS
Demolition of building on Lot 60, Tract 5974. Mayor apprised
the Council of a Tijuana based demolition business that
could in fact accomplish this for approximately $600. It
was suggested that the Director of Public Works work out a
bid proposal. Councilman Chermak moved to authorize the
demolition concept, seconded by Councilman Gammell and to
be referred to the Public Works Department to bring back to
Council, carried unanimously and so ordered.
NEW BUSINESS
1. Progress report from E1 Nido Associates submitted to Council.
Mr. Hawkins stated that they expect to start moving dirt
within 90 days. Council thanked Mr. Hawkins for keeping
Council aware of pending developments. FEB 81971
Page 5
City Council Minutes - February 8, 1971 (continued)
2. Letter from San Diego Gas & Electric Company regarding trans-
mission line in Santa Fe Railway right of way. Councilman
Bathgate reported the intent of the San Diego Gas & Electric
Company is to run a line parallel to the Santa Fe Railway
of which he felt they need support from the City to acquire
this. The Mayor suggested Councilman Bathgate meet with the
City Attorney to draw up a proposed resolution to the Santa
Fe Railway Company.
COUNCIL REPORTS
r.
Councilman Chermak �
Made inquiry as to the attendance of any of the members of K
the Council at Supervisor Battin's testimonial. t
Mayor Forster
1. Reported on the trip to Sacramento with Mr. Kymla, Mr. Boyle
and Mr. Martinson re: Moulton -Niguel, Santa Margarita and
the City of San Juan Capistrano's joint powers agreement for
expansion of the treatment plant. Stated- ke C}ty evi l pe e
the grant for the extension --of- the -
2. Reported on Mayors' meeting at Los Pinos, stating 21 cities
were represented. Made comment as to the interest in the possible
formation of an intergovernmental communication association
and also the discussion by the group of flood control problems
in their respective areas.
3. Stated he will be giving copies of a resolution format opposing
the surcharge tax in San Diego to the Council for their perusal.
4. Stated he will be attending the exclusive meeting of the League
of Cities on Thursday night.
5. Reported he felt the Council should take a stand re: special
districts as requested from the League of Cities sometime
before March.
ADJOURNMENT
The Council adjourned at 10:02 P.M. to a Personnel Session.
Reconvened at 10:45 P.M. and adjourned at 10:46 P.M.
Respectfully submitted,
all
Robert K Johns
Acting City Clerk
rrt3 81971