71-0308_CC_Minutes_Regular Meeting431
March 8*h, 1971
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The City Council of the City of San Juan Capistrano, Calif.
met for a regular meeting on Monday, March 8u', 1971, at 7:13 P.M.
in the Council Chambers of the City Hall, with Mayor Forster pre-
siding.
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.
Correct the Minutes of February 22, 1971 to read as follows:
page 1, item #1, add utility companies to second sentence. On
page 3, item #2 of Committee Reports, change second sentence to
read, "This was referred to the City Engineer's office for
assistance to the Committee in working out some solution." The
Minutes of February 22, 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 Gammell, carried and so ordered.
STAFF REPORTS
Acting City Administrator
Robert R. Johns
1. Councilman Thorpe moved to approve the merit increases for
Paul Lew, Ruth Marquard, Alfred Sanchez and Robert Thompson,
seconded by Councilman Bathgate, carried unanimously.
2. Members of the Council felt it would be more beneficial to
study the Law Enforcement Services Report by Mr. Richard
Grace at budget time. The offices of City Attorney and City
Administrator were requested to check out the original
Grace agreement; Councilman Bathgate also to review agreement.
3. Feasibility Study re: annexation of Dana Point, Capistrano
Beach is in draft stage and should be available by the next
meeting.
City Attorney
James Okazaki
Reported the hearing had been held on the sign dispute and
that the judge professed it was not clear what had transpired
in the status of record. He will be filing documents with
the court and will keep Council informed as to its outcome.
City Treasurer
Alice Ross
No report submitted from the City Treasurer.
Director of Finance
Paul Lew
Councilman Gammell moved to approve for payment warrant
numbers 5800 through 5844 totaling $110,455.55, seconded by
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COUNCIL MINUTES - March 8*b, 1971 (continued)
Councilman Bathgate, carried unanimously and so ordered.
Director of Public Works
1. Design of La Novie Bridge Progress Report. Mr. Elmer
Christiansen addressed members of the Council. He stated
the P.L. 91-79 has a cut off date of August 31, 1971 as
opposed to the date of December 31, 1971. However, he ex-
pects to set the bid opening date at the next regular meeting
of Council, March 22, 1971, in order to qualify for the
$125,000 reimbursement. Following the planned procedure, he
feels the bridge can be completed by August 31, 1971.
Councilman Thorpe offered Resolution No. 71-3-8-1 - upholding
the recommendations as submitted by the Director of Public
Works for design of the La Novia Bridge. The resolution
authorizes: (1) notice be given S.D.G.&E. Co. to raise or
relocate their high voltage transmission line as outlined
in the status report; (2) authorizes City Engineer and City
Attorney to prepare deeds for right of way acquisition and
begin negotiations for the right of way; (3) authorizes City
Attorney to file condemnation suits to acquire the necessary
parcels so that they will be available by May, 1971; and (4)
authorizes payment of the attached invoices as provided for
in the contract. Legal descriptions to also be included.
Roll call was taken - AYES: Councilmen: Thorpe, Bathgate,
Chermak, Gammell, and Forster. NOES: None. ABSENT: None.
2. Councilman Bathgate moved to authorize the Director of Public
Works to execute the Flood Control Permit No. 37970 to
construct, maintain and operate a bridge structure over San
Juan Creek Channel, seconded by Councilman Chermak, carried
unanimously.
3. Reported the City Attorney feels the format for the weed
abatement program should be changed this year. He will have
this prepared by the next meeting.
4. Determination by his office turned down the request for
restricted parking in front of the E1 Adobe on March 19th.
5. City Engineer gave presentation on proposed Council conference
room. Approximate cost for change over would be $1,200.
Councilman Bathgate recommended waiting until the new City
Administrator comes in before any changes are approved.
The existing work room was suggested as a possible location
also for the Council. No action was taken at this time.
6. Councilman Chermak moved to uphold the recommendation of the
Director of Public Works in accepting the proposal from the
R. P. Duff Construction Co. in the amount of $1,500 for
demolition of the building at the City Park site, seconded
by Councilman Thorpe, carried unanimously and so ordered.
7. Reported paint striping crews from San Clemente will be at
work in the City all this week.
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COUNCIL MINUTES - March 8th, 1971 (continued)
8. Council suggested a committee check out and give a complete
review of sewer connection fees. Councilman Thorpe moved
to uphold the recommended sewer connection fee for 9,080
sq. ft. for the Spaulding Equipment building from the
Director of Public Works at $1,350, seconded by Councilman
Gammell, carried and so ordered. It was pointed out that
Mr. Spaulding is to be reimbursed any difference if the
committee feels a reduction in sewer connection fees is
established.
9. City Engineer gave presentation re: the requirements of
the state for parking on the Ortega Highway. Stated there
would be two full lanes of traffic in each direction, with
no parking on the south side and a 10 foot wide, 320 foot
long parking on the north side of Ortega. Made recommendation
to proceed with the work as presented; city crews to do the
sandblasting and repainting. Councilman Bathgate moved to
uphold the recommendation, seconded by Councilman Gammell,
carried 4 to 1 with Councilman Thorpe voting noe as he felt
it was a bad safety factor to establish.
City Engineer
Jack Y. Kubota
1. Made recommendation for exoneration of Bond #SCR -707-24-13
in Tract 6969 (Troy Homes). Councilman Bathgate made motion
to approve, seconded by Councilman Thorpe, carried unanimously.
2. Made recommendation of acceptance of public improvements
for L.U.P. 69-117. Councilman Chermak moved to accept im-
provement of Alipaz Street from Del Obispo Street southerly
to the south boundary of the new mobile home park developed
by U.S. Financial Corp., seconded by Councilman Bathgate,
carried and so ordered.
COMMITTEE REPORTS
Mayor announced the appointment of the new City Administrator,
Mr. Donald G. Weidner. The offer extended to Mr. Weidner
will be a salary of $16,500, a $90.00 a month car allowance
for using his own transportation and a maximum of $1,000 to
move him from Manteca to this area. The Mayor stated his
duties will be as City Administrator only and that Mr.
Weidner will review the office of City Clerk as to his
decision in taking over this office at no added cost. Council-
man Bathgate moved to extend the invitation as outlined by
the Mayor, seconded by Councilman Thorpe, carried unanimously.
PLANNING COMMISSION MATTERS
1. Council set March 22, 1971 as date for the second public
hearing on RZ 71-101 (Quail Valley). Council requested
Chairman of Planning Commission be present to give original
intent.
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COUNCIL MINUTES - March P, 1971 (continued)
437
2. Question raised re: architectural control in remodeling of
structure in C -1H District (Swartout). City Engineer
clarified intent of Planning Commission in its questioning.
PARKS & RECREATION COMMISSION
Westport Park Plans - Council directed the Commission give
full review to original agreement with Westport.
UNFINISHED BUSINESS
1. Special Districts Study Committee Report discussion con-
cluded with feeling in accord with intent of the League to
move in direction of doing away with certain dual capacities.
Councilman Bathgate moved to endorse the report with the
qualification that the City Council understands the specific
recommendations relating to specific districts are intended
as suggestions for study of examples where possible simplifi-
cation and responsiveness of local government can be improved,
seconded by Councilman Thorpe, carried unanimously.
2. Waiver of Improvements - Solag Disposal Company to be held
over. City Engineer gave an oral report on request for
waiver from Ted. Kopp. Recommended agreement of waiver for
a one year period and at that time, determination can be
made re: 1911 Act. Gave recommendation to also approve
request of waiver for George Spaulding. Stated a cash
deposit, letter of credit or performance bond be given to
the City by the applicants. Councilman Chermak moved to
have the City Attorney's office prepare the necessary
documents for acceptance at the next regular meeting of the
Council. City Administrator's office to keep records,
however, City Engineer's office will keep tab on the time re:
completion of work. Motion was seconded by Councilman
Bathgate and carried unanimously.
NEW BUSINESS
1. Letter of request for $100 donation from the City for
sponsorship of the Sweepstakes Trophy by the Fiesta Association.
Mrs. Douglas Walton displayed to the Council a similiar replica
of the trophy. Councilman Thorpe moved to contribute $100,
seconded by Councilman Gammell, carried and so ordered.
2. Letter from Christiansen & Associates re: reimbursement agree-
ment of highway and sewer main facilities in vicinity of
Avenida Aeropuerto. Mayor stated this be referred to staff
along with the two Councilmen who were on the Council at the
time of the original agreement in 1967 as resource to uncover
the original intent of the agreement. The Council directed a
full report come from the offices of the City Administrator,
City Attorney, Finance Director and City Engineer. Mr.
Christiansen pointed out that the good faith of the agreement
with the City stated the developer was to be reimbursed by the
City absorbing some of the cost. Also stated the figures he
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COUNCIL MINUTES - March 801, 1971 (continued)
X39
used in his report are certainly open for city audit. Staff
to contact Mr. Ron Broaddus, Mr. Bruce Winton and Mr. Elmer
Christiansen for this information. The City Engineer inter-
jected at this point that Tentative Tract Map 7221 will be
coming before the Council at the next meeting and as it now
stands, has no requirement to participate in any cost of
Aeropuerto as it now exists.
3. Letter from the Capistrano Unified School District re: pro-
posed 1911 Act. Councilman Thorpe was appointed to the
committee along with the City Engineer and the Director of
Planning, chaired by Councilman Bathgate to meet with the
school district Superintendent Truman Benedict. Aside from
the topic of the 1911 Act proceedings,Committee was directed
to generate discussion along the lines of the Council's first
choice in acquiring a site for a future civic center - the
school's athletic field.
4. Letter of request from the Chamber of Commerce for a $190
donation. Mr. Dennis Paquin addressed the Council re:
specifics of the donation being used for an advertisement
in the special Fiesta de las Golondrinas edition of the
Coastline Dispatch. Mr. Paquin stated the Chamber is
establishing a budget for the fiscal year and hopefully will
not have to be coming to the City for requests during the
year, but rather be included in the City's budget. Discussion
entered into the question of the availability of the brochures
for inspection of the layout and copy before it goes to press.
Mr. Frank Winterbourne answered as a member of the Board of
Directors with the Chamber of Commerce and stated this would
become available to the Council to review before going to
press. Councilman Chermak moved to contribute $90.00 to the
request, seconded by Councilman Bathgate, carried unanimously
and so ordered.
COUNCIL REPORTS
Councilman Thorpe
1. Questioned attendance of the appointee to the Orange County
Mosquito Abatement meetings as being zero. Mayor will
contact representative to request his attendance at some of
the meetings.
2. Reported he will be offering a resolution at the next meeting
re: urging state action for selling beverages in non -returnable
containers.
3. Felt it was worth consideration by the Council to have money
available for courses at universitys as compared to
conferences. Requested a report from the City Administrator's
office re: reactions on the part of the staff.
Mayor Forster
1. April 6th has been set for the meeting of the Council and the
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COUNCIL MINUTES - March 8th, 1971 (continued)
431
consulting engineer, Lowry Engineering -Science, as well as
the water districts, San Diego Gas & Electric Company and
Southern Counties Gas Company to review the Flood Control
Report by the Corps of Engineers covering San Juan, Trabuco
and Oso Creeks.
2. Requested letter from Supervisor Battin re: appointee for
hospital planning council be put on agenda for the next
regular meeting of Council.
ADJOURNMENT
The meeting adjourned at 9:59 P.M.
Respectfully submitted,
Robert K. ohns
Actlng Ci Clerk
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