71-0222_CC_Minutes_Regular Meeting4-2
February 22, 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 22, 1971, at 7:10 P.M.
in the Council Chambers of the City Hall, with Mayor Forster presid-
ing.
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.
There were corrections to the Minutes of February 8th, 1971 -
page 5, delete last sentence of item #1 under Mayor Forster's Report.
Also, on page 5, item #4 of Mayor Forster's Report, change word
exclusive to executive. The Minutes of February 8th, 1971 were then
approved as corrected.
There was a motion by Councilman Thorpe to have all ordinances
and resolutions for this meeting read by title only, seconded by
Councilman Bathgate, carried and so ordered.
STAFF REPORTS
Acting City Administrator
Robert K. Johns
1. Informed Council the Flood Control Report by the Corps of
Engineers covering San Juan, Trabuco and Oso Creeks is now
available in the City Administrator's office. It was the
Council's desire to hold a meeting for interested parties,
such as the water districtsito go over the report. This
was referred to the consulting engineer, Lowry Engineering -
Science to arrange such a meeting.
2. Mayor Forster offered Resolution No. 71-2-22-1 - approving
reclassification of City Planner; adjustment of pay range
for Director of Finance and approval of merit increase for
Director of Planning. Roll call was taken - AYES: Council-
men: Forster, Bathgate, Chermak, Gammell and Thorpe. NOES:
None. ABSENT: None.
City Attorney
James Okazaki
Reported he will confer with Mr. John Dawson regarding the
resolvement of the resolution situation.
City Treasurer
Alice Ross
Written Treasurer's report submitted to Council.
Finance Director
Paul Lew
Apprised Council he will be hosting the meeting of the
Orange County Group of California Association of Public
Purchasing Officers on February 24th.
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COUNCIL MINUTES - February 22, 1971 (continued)
Director of Public Works
T. J. Meadows
1. Mayor made inquiry re: communications from Brea concerning
funding. Mr. Martinson of Lowry Engineering -Science
clarified this did not apply to our particular situation
of expansion of the treatment plant.
2. Reporting on a recommendation from Lowry Engineering -Science,
the Director of Public Works requested to be authorized to
file a PL 660 Grant for the treatment plant expansion.
Councilman Chermak offered Resolution No. 71-2-22-2 -
authorizing the filing of application for federal grant for
sewage treatment works under title 33 of the United States
Code, Section 466 et. seq. and state grant under Clean
Water Bond Law of 1970 for and on behalf of the City of San
Juan Capistrano. Roll call was taken - AYES: Councilmen:
Chermak, Bathgate, Gammell, Thorpe and Forster. NOES: None.
ABSENT: None.
Councilman Thorpe offered Resolution No. 71-2-22-3 authoriz-
ing the Director of Public Works to file a waste discharge
report with the San Diego Regional Water Quality Control
Board, fee $1,000. Roll call was taken - AYES: Councilmen:
Thorpe, Bathgate, Chermak, Gammell and Forster. NOES: None.
ABSENT: None.
3. Reported he will keep Council informed of the forthcoming
Scenic Highway Study for Ortega Highway, possibly within the
next three to four weeks.
4. Reported on the need for private office space and Council
conference room. Submitted a quote from Roland Olsen
General Contractor for partitioning off the City Administra-
tor's office to form a Council work room. Council discussion
concluded with direction to the City Engineer to come up with
a recommended layout.
5. Informed members of the Council he had received a request
from E1 Adobe Restaurant to restrict parking in front of the
restaurant on Swallows Day to 4 hours to accommodate 5 buses.
Council referred this to the Director of Public Works to find
out how many buses can be parked in front of the restaurant
without overlapping into the business district.
City Engineer
Jack Y. Kubota
1. Engineer clarified County's decision of changing Del Obispo
from a primary to a secondary street. Submitted a copy of
the communication he had sent to the Planning Commission
recommending a public hearing be set to change the Master
Plan of Arterial Streets & Highways for the City and to
amend the precise plan for Del Obispo Street.
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FEB221971
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COUNCIL MINUTES - February 22, 1971 (continued)
2. Tract 6969 (McCarthy -Sant) - developer has completed all
street improvement work and has requested acceptance of
work and exoneration of surety bonds. It was pointed out
that the developer will redo curbs and gutters in Tract
6141. Councilman Bathgate moved to accept said improve-
ments and exonerate said bonds, seconded by Councilman
Gammell, carried unanimously and so ordered.
City Planner
Robert
K. Johns
1.
Request for waiver of conditions 2 and 3 imposed by the
Planning Commission on L.U.P. 70-118 (Edward G. Kopp).
Mr. Kopp addressed the Council and related the interest
by the school district and the Mission to enter into a
19ll Act for improvements. Requested a guarantee of ac-
quiring a temporary Use & Occupancy Permit after construction
of his building. The City Engineer clarified the actual re-
quest in that it was actually a request for delay of time
for putting in the improvements. Council discussion stated
the need for consistency of waivers. Mr. Kopp related the
problems of individual improvements being called for at this
time due mainly to the problem of drainage. An alternative,
such as a "faithful performance bond" in the amount of the
improvements was suggested by the Council. Mr. Spaulding
also spoke to the Council re: his request for waiver of
conditions 2 and 3 imposed by the Planning Commission
(L.U.P. 70-122). He also mentioned to the Council the division
of land should be consummated this week. The Council
referred this entire matter to the staff (specifically, the
City Administrator, City Attorney, City Engineer, Finance
Director and Director of Public Works) to work out in a two
week period and bring back to Council with recommendations.
COMMITTEE REPORTS
1.
Councilman Bathgate reported on the meeting re: San Diego
Gas & Electric's request for construction of a transmission
line. City Attorney read the drafted proposed resolution
by title. Councilman Bathgate offered Resolution No.
71-2-22-4 - supporting the proposal of the San Diego Gas &
Electric Co. for the alignment of a second 138 KV power
line within the Atchison, Topeka & Santa Fe Railway right
v
of way. Roll call was taken - AYES: Councilmen: Bathgate,
i.'
Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT:
None.
2.
Councilman Chermak commented on the committee re: the
parking situation down by the airport. This was referred
to the City Engineer to determine a solution.
3.
Mayor reported on the meeting with the City Attorney and
the City Engineer re: Swartout property. Stated problem
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FEB 2 21971
427
COUNCIL MINUTES -_February 22, 1971 (continued)
had been resolved in that there had been a misinterpretation
of the language used in the original agreement with the
Oyharzabals.
PLANNING COMMISSION MATTERS
The Director of Planning reported the joint meeting of
Planning Commission, Council and the Parks & Recreation
Commission is scheduled for March 29th. On the agenda for
this meeting, the Planning Commission will be bringing up
the Corps of Engineers Report. The Parks and Recreation
Commission will be reporting on the policies that have been
established and the certificates of recognition.
PARKS & RECREATION COMMISSION
1. Mr. Dennis Paquin, Chairman, addressed the Council with the
recommendation of four names for the city owned park. After
due consideration by Council, Councilman Thorpe moved to
approve the name of Four Oaks Park, seconded by Councilman
Gammell, carried 3 to 0 with Councilmen Bathgate and Forster
abstaining.
2. Mr. Paquin gave presentation for proposed improvement of the
park site by explaining the first phase which would include
demolition, grading, irrigation, planting and seeding and
construction of interim walkways. Mr. Paquin pointed out
that Mr. Charles Allen has 35 doners for trees which would
be quite a savings to the city. The suggestion of city
crews doing the construction work brought out questions of
the time involved if the city crews are committed for doing
other work within the city. Councilman Chermak then motioned
to approve the first four points of recommendation II from
the Parks & Recreation Commission, namely, (1) authorize
demolition of the existing structures, or accept $1,500 bid -
demolition to be determined at next meeting; (2) prepare
precise plans; (3) prepare irrigation plan and get bids on
installation, but not authorize acceptance at this time; and
(4) obtain commitments on planting and seeding plans and
cost. Councilman Thorpe seconded the motion and it carried
unanimously.
NEW BUSINESS
Letter of request from Mr. Wm. R. Williams re: 1911 Assessment
District for public improvements. Mr. Williams addressed the
Council and stated his corporation, owning the land, is
willing to join a 1911 Act. Improvements would create a
left hand turn pocket into the City Hall road. City
Engineer stated at this time the 1911 proceedings are being
redone to include ornamental street lighting.
The meeting adjourned at 10:04 P.M. and reconvened at 10:10 P.M.
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FEB 2 21971
425
COUNCIL MINUTES - February 22, 1971 (continued)
COUNCIL REPORTS
Councilman Bathgate
Councilman Bathgate offered Resolution No. 71-2-22-5 - re:
application #52250 before the Public Utilities Commission
of the State of California. Roll call was taken - AYES:
Councilmen: Bathgate, Chermak, Gammell, Thorpe and Forster.
NOES: None. ABSENT: None.
Councilman Thorpe
Suggested staff consider increase of personnel in Public
Works for work to be done in Parks & Recreation and felt
staff should consider this as a possible inclusion in the
budget.
Councilman Gammell
1. Questioned a new advertisement on the illegal sign - City
Attorney stated decision is forthcoming from the court on
February 25th re: legal litigation instituted by the City.
2. Reported any interested member of Council or staff are
invited to the Chamber of Commerce breakfast Wednesday
morning - subject matter to be planning.
Mayor Forster
1. Referred flag promotion by developers to tke City Planner to
review the conditions, specifically, Mission Hills Ranch and
Marina View Heights Development.
2. Reported Mr. Ed Akin will be in City Hall tomorrow morning at
10:00 A.M. to review the Quail Valley project.
3. Commented on the informational item #10 submitted by the
Finance Director re: the annual growth of revenue as compared
to expenditures.
4. Had attended a meeting of mayors with Supervisor Caspers - Mr.
Gaspers intends to continue such meetings and has scheduled
the next one sometime in March at the San Clemente Inn.
5. Informed Council Supervisor Clark had contacted him re: Human
Relations Commission. The Mayor felt our legislative body
of Council should be our own Human Relations Commission.
6. Mayor requested League of Cities Special Service District
Committee Report be on agenda for next Council meeting.
ADJOURNMENT
The meeting adjourned at 10:31 P.M. to a Personnel Board
Meeting.
Respectfully submitted,
Robert K. has
Acting Ci y Clerk
FEB 2 21971
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