73-0226_CC_Minutes_Regular MeetingFEBRUARY 26, 1973
REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
335
The regular meeting of the City Council was called to order at
7:05 p.m. by Mayor James F. Thorpe.
The Pledge of Allegiance was recited. Invocation was given by
Father Daniel Johnson of Mission San Juan Capistrano.
Roll Call: Councilmen present: Roy L. Byrnes, Edward S. Chermak,
Josh Gammell, James F. Thorpe,
James K. Weathers
Councilmen absent: None
Following discussion of the minutes of February 13, 1973, and
corrections made to pages 5 and 7, it was moved by Councilman Gammell,
seconded by Councilman Weathers, and unanimously carried, to approve
the minutes as amended.
Moved by Councilman Weathers, seconded by Councilman Chermak, and
unanimously carried, to have all ordinances and resolutions for this
meeting read by title only.
CONSENT CALENDAR MATTERS
1. Cedu Foundation - Request to solicit for funds.
Moved by Councilman Weathers, seconded by Councilman Chermak, and
unanimously carried, to deny the foregoing request without prejudice
and reconsider at a future date, providing a specific time is stated
and it does not conflict with other fund drives.
PUBLIC HEARINGS
C2 -A.
1. Continued Hearing on RZ 72-112 - (Zaenglein) - U1 and PH to
Mayor Thorpe advised the Council that the Environmental Board of
Review has not had the opportunity to study and review the EIR for the
subject rezone and it is their recommendation this matter be continued
to the March 12 meeting. There were no objections and so ordered.
2. Camino Capistrano Improvement District.
Mayor Thorpe opened the public hearing and stated this is the time
and place fixed for hearing objections or protests on the proposed work,
or the extent of the assessment district, or on the proposed grades under
the Resolution of Intention No. 73-1-22-8, covering said construction of
certain improvements.
The City Clerk presented the affidavits of publication, mailing
and posting notice of hearing, and affidavit of filing assessment diagram.
FEB 2 6 )yyj
3 3 6 Moved by Councilman Chermak, seconded by Councilman Byrnes, and
unanimously carried, to approve the foregoing affidavits and order the
same to be filed.
City Engineer Kubota described briefly the purpose of the assess-
ment district and the public improvements to be constructed. He stated
there are 3 separate sectors to the district which are 1) Camino Capi-
strano from Ortega Highway northerly to Oso Road, 2) Los Rios Street and
Del Obispo between the railroad tracks and Trabuco Creek, and Paseo Ade-
lanto, and 3) a portion of Alipaz St., southerly of Del Obispo.
Mr. Kubota stated that proposed improvements include widening,
concrete curb and gutter, street lights, bicycle trails and underground
drainage facilities, and all of which are intended for the benefit of
the properties that front upon the public improvements.
Mr. Kubota further added that on Camino Capistrano there is an
underground utility district which there will be a conversion of existing
overhead facilities.
The City Clerk read written protests received from:
Lorenzo T. and Roberta C. Hernandez
Roman Catholic Archbishop of Los Angeles, owner of
the San Juan Capistrano Mission
Mayor Thorpe asked if the protestants, or their representatives,
wished to be heard in support of such protests.
Mr. J. J. Brandlin, Attorney representing the Roman Catholic Arch-
bishop of Los Angeles, objected that petition did not include all items of
work and protested amount of assessment proposed. He defined their reasons
for opposing and requested they be excluded from the district.
Mr. Fritz Stradling, legal counsel for this project, stated that
when the petition was circulated it included all items of work proposed,
including storm drain facilities.
City Engineer Kubota displayed the assessment diagram and stated
it is their opinion that the public improvements proposed have a special
and significant benefit to the Mission and Mr. &-Mrs. Hernandez.
Mr. Wallace Stingman, Attorney representing Mr. & Mrs. Lorenzo
Hernandez, requested the subject property owners be excluded from the dis-
trict as they do not feel the improvements will be beneficial to their
property.
Mr. George Riley, resident, objected to the proposed four -lane
street on Camino Capistrano narrowing to a two-lane.
FEB 2 6 1973
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Mayor Thorpe replied it is the Council's intention, because of
the main access to the Mission, to make Camino Capistrano a safe street
and a more attractive area.
Mr. Michael Purcell, real estate consultant and representing the
Roman Catholic Archbishop of Los Angeles, stated they are not opposed to
improving the area but would like the Council to reconsider and modify
the design. They feel their cost is excessively high and will have no
benefit as far as drainage.
City Engineer Kubota stated that all property owners were supplied
with the design plans within the district and this is the first instance
he knows of the Mission's opposition.
Mr. Donald Bough, son-in-law to Mr. & Mrs. Hernandez, addressed
the Council in opposition to the widening.
Mr. George Riley asked if he could be given the names of those
property owners in favor of the improvement, and the Mayor replied he
could obtain these from the City Clerk.
Mr. Riley also questioned which property owners along Camino
Capistrano will be responsible for the improvements.
Mr. Kubota stated there are four property owners on the east side
of Camino Capistrano involved within the district, 1) the Mission, 2) the
school district property, 3) property owned by San Diego Gas & Electric Co.,
and 4) Mr. and Mrs. Hernandez's property.
Mayor Thorpe requested the City Engineer to advise the Council what
percent of the area of the property to be assessed for the proposed improve-
ment is represented by written protests filed with the Clerk.
Mr. Kubota replied that by taking into account all 3 sectors, the
protests represent 21.38 of the total proposed area of the district, and
considering the protests of Camino Capistrano, it represents 33.58 for
that area alone.
Mr. Fritz Stradling, legal counsel, stated that certain modifica-
tions and additions have been made in the plans and specifications which
have no effect on the cost of the project, but he would recommend that
Council adopt a resolution approving same. He also recommended that auth-
orization be given for the execution of agreements with Storer Cable TV
and San Diego Gas & Electric Co.
Mr. Jim Brennan, Associate with Woodside & Kubota, explained that
the modifications are for the conversion of electrical service for certain
property owners along Camino Capistrano and will have no bearing or effect
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on the cost of the project.
3 3 8 Following discussion it was moved by Councilman Byrnes, seconded
by Councilman Weathers, and unanimously carried, to adopt Resolution No.
73-2-26-1, modifying the plans and specifications for Assessment District
No. 1973-1; said plans to include replacement of trees, irrigation system,
landscaping, and the substitution of ornamental street lights for the
mission bell -type for the entire span of Camino Capistrano.
A resident addressed the Council regarding the proposed improve-
ments for Los Rios Street to which the Mayor responded.
Mr. Ted Kopp, property owner on Camino Capistrano, appeared in
favor of the project.
Mr. Randy Williams, representing property owners on Del Obispo
Street, also appeared in favor.
Mayor Thorpe asked if there were any others who wished to be
heard on this matter and there was no response.
Mayor Thorpe declared the public hearing closed.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-2-26-2, making findings
and overruling protests for Assessment District No. 1973-1.
Moved by Councilman Gammell, seconded by Councilman Byrnes, and
unanimously carried, to approve the Agreement with Storer Cable TV for
undergrounding and authorize the Mayor to execute.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to approve the Agreement with San Diego Gas and
Electric Co. for undergrounding and authorize the Mayor to execute.
TEN MINUTE RECESS - 8:40 - 8:50 P.M.
BIDS, CONTRACTS, AGREEMENTS
1. Weardco Construction Co., Change Order No. 6 - $137,048.
Moved by Councilman Weathers, seconded by Councilman Gammell, and
unanimously carried, to approve Change Order No. 6 and authorize the
Director of Public Works to execute.
2. Proposed Agreement with World Repair, Inc., for Recycling Center
on City -owned Property.
Various Councilmen commented on the subject agreement with regard
to hours of operation, bonding, requirement of a resident on its Board of
Directors, loose papers at pick-up locations, etc., and following discus-
sion staff was directed to forward agreement to World Repair, Inc., for
their consideration and comments, and this item placed on the next agenda.
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ORDINANCES,
RESOLUTIONS
3
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V
1.
Second Reading of Ordinance No. 218
- Relating
to Merchant
Patrol Systems and Repealing Ordinance No. 92.
Moved by Councilman Weathers, seconded by Councilman Byrnes, and
unanimously carried, to adopt Ordinance No. 218.
Attorney Okazaki read the foregoing ordinance by title only.
SUBDIVISIONS, ANNEXATIONS - NONE
COMMUNICATIONS - (Written)
1. Wyatt Hart - Request for Use of Septic Tank.
Mr. Hart addressed the Council stating he recently purchased a
four acre parcel of land off the Ortega Highway, and due to the ingress -
egress of the property, it would be an excessive expense to connect to
the sewer at Ortega Highway. He referred to a map indicating the
engineering problem of placing the sewer line from Ortega Highway to the
house site, and stated it will be approximately 1300-1400 feet, with 500
feet being 25 feet in width. The 500 feet must contain roadway and
utilities and an additional cost of approximately $6,000 will be needed
for sewerage lines above the other expenses.
Mr. Hart stated it is his hope to build a single family residence
and if the Council approves his request he would sign a contingency to
complete the hook up as soon as available and within a reasonable distance.
Moved by Councilman Weathers, seconded by Councilman Gammell, to
approve the foregoing request with the stipulation that when adjacent
properties are developed or a sewer line feasible within 200 feet the
applicant be required to connect to said sewer.
Mr. T. J. Meadows, Director of Public Works, stated that a sewer
line is in the Ortega Highway on the north side and adjacent to the sub-
ject property. While acknowledging the fact of the unusual shape of the
property he has made the determination that sewer is available and that
a septic tank not be allowed. He does not envision a sewer connection line
to the Hart property when adjacent properties are developed, and feels if
a septic tank is permitted it would remain permanently.
Following further consideration it was indicated by the Council
that if Mr. Hart would sign an affidavit to the effect of limiting his
property to a single family dwelling and no more than four persons would
reside in same, reconsideration of his request might be given.
Moved by Councilman Byrnes, seconded by Mayor Thorpe, and carried,
to table the foregoing motion. Councilman Weathers voted noe.
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140
COMMUNICATIONS - (Oral)
1. Athletes in Action.
Mr. Ronald F. Hopkins, Track Coach, stated that the Long Distance
Running Committee of the Southern Pacific Association would like to re-
quest permission to hold its 25 kilometer (15.5 miles) Championship Road
Run in San Juan Capistrano on April 21. The meet would commence at 9:00
a.m. and would be conducted by Athletes in Action. There will be approxi-
mately 100 runners from ages 10 to 65, and it will require about 2 hours
for all runners to complete the course. He discussed the proposed route
and stated they would provide road guards at all corners to assist runners
and to caution automobiles. He further requested that there be no parking
on the east side of Camino Capistrano from the Mission north to the school
since this will be the start and finish of the race.
The Council indicated they were not opposed to the event but would
suggest an alternate route due to the event being on Easter week -end and
the close proximity to the downtown district.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to approve the foregoing request in principle, with
revised route to be negotiated and approved by the City Manager, and any
legal ramifications to be approved by the City Attorney.
ADMINISTRATIVE
Groups.
1. Regulations for Use of Council Chambers by Private Citizen
The Council briefly commented on the proposed regulations as sug-
gested by the City Manager but took no official action and placed the
matter on the next agenda.
2. Sprinkler Conversion System of Rio Oso Park.
Mr. T. J. Meadows, Director of Public Works, stated there now
exists 28 standing rainbird sprinkler heads at Rio Osa Park recently
acquired by the City for maintenance. These heads stand up 6" to 8" above
ground level, and there have been several reported instances of people
stumbling over the heads. From a City liability point of view, it would
appear something should be done before a serious injury occurs.
Mr. Meadows stated that Western Landscape Maintenance Co., who
maintains the park by contract with the City has submitted a bid for the
replacement of the existing rainbird heads.
FEB 261973
34]
Moved by Councilman Chermak, seconded by Councilman Weathers,
and carried, to accept the bid for 14 QUA -JETS, Series 155 at a total
cost of $588.00 as quoted by Western Landscape Maintenance Co., and that
existing heads be placed in storage. Councilmen Byrnes and Gammell
voted noe.
3. Transfer of Funds - City Clerk's Budget.
City Manager Weidner stated actual cost of the fire resistant file
is $429.45 which exceeds the $250 budgeted in the Capital Outlay portion
of the Clerk's budget, and necessitates a transfer of $180.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to transfer $180 from Account 10-4140-170 to Account
10-4140-400.
4. Proposed Purchase of Glendale Federal Property.
Councilman Chermak requested that a review be made by staff of the
P -D Agreement with James Barr for the development of the subject property
as it could result in the City cancelling out any anticipation of the
purchase of this property. There were no objections and so ordered.
5. Municipal Grading Controls.
City Manager Weidner stated that further staff discussion on this
topic has caused modification to the recommendation in his memorandum of
February 20, and suggested Council retain all four controls over grading
operations until a more definite recommendation is submitted. There
were no objections and so ordered.
6. Allocation of Las Ramblas Interchange.
Reports from the City Manager and City Attorney were presented on
this matter and it was suggested by the Attorney this subject be discussed
at a Council work session. There were no objections and date to be deter-
mined.
RECESS - 9:59 - 10:05 P.M.
7. Electrical Service to Becton -Dickinson Site.
A memorandum from the City Manager dated February 21 stated that
the Becton -Dickinson Co. wishes to make final arrangements with San Diego
Gas & Electric Co. for electrical service to its site. During Planning
Commission sessions, B -D reviewed two alternate ways of bringing lines to
the site-.,
1) Northerly along the frontage road and placing the,
lines underground commencing at their southerly
property line.
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FEB 2 61973
. 2 2) Westerly over the Honeyman property and placing the
lines underground commencing at their easterly
property line.
Mr. Weidner stated that Becton -Dickinson has chosen the Honeyman
route as the most economical.
Mr. Henry Cariati of the O.K. Earl Corporation, builder for the
Becton -Dickinson Co., addressed the Council and discussed various aspects
of using an easterly approach route.
A map was presented showing various routing alternates and outlined .
by Mr. Ken Fussell of the San Diego Gas & Electric Co.
Following discussion it was moved by Councilman Gammell, seconded
by Councilman Byrnes, and unanimously carried, that Becton -Dickinson be
directed to workout its electrical line routing with City staff in a
manner which will bring the overhead portion of the line to the nearest
point of their property with the least amount of public visibility, and
upon the City Manager's approval, San Diego Gas & Electric Co. be auth-
orized to install the lines by request of Becton -Dickinson.
PARKS & RECREATION MATTERS
1. Edco - Requesting Relief from Park Fee Ordinance.
Mr. Dave Smith, Associate Planner, advised the Council that this
matter has not been reviewed by the Parks & Recreation Commission which
was questioned at the last meeting.
consideration.
He presented six alternatives for
Mr. Bob Rogers of Edco addressed the Council and requested they
be permitted to post a letter of credit with the City for the amount of
fees as based on the criteria now established, subject to their working
out with the staff and the Parks & Recreation Commission a positive
design alternative and provide the City with actual park space that meets
their overall goals.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
carried, to accept the foregoing offer under form and agreement approved
by the City Attorney and the Mayor authorized to execute, with fees to
be based on either the purchase price or assessor's value, whichever is
higher. Councilman Weathers voted no.
PLANNING COMMISSION MATTERS
1. Encroachment Permit for Mission Village Shopping Center.
Mr. Dave Smith, Associate Planner, stated it is the Commission's
recommendation that Council approve the encroachment permit not to exceed
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343
4.0' into the public right-of-way and require the property owner to pro-
vide public liability protection for use of public right-of-way for their
private purpose.
Mr. Robert Peterson, 4988 N. Figuora, representing Mission Village
Shopping Center, explained the reasons for their request and answered
questions of the Council.
Following consideration it was moved by Councilman Byrnes, seconded
by Councilman Weathers, and carried, to approve the foregoing request as
submitted and recommended.
Roll Call Vote as follows:
AYES: Councilmen: Byrnes, Thorpe, Weathers
NOES: Councilmen: Chermak, Gammell
COMMITTEE REPORTS
1. Proposed Refund Agreement for Off -Site Sewer - Capistrano
Airport Industrial Park.
It was recommended that: 1) Council approve the report dated
January 31, 1973 from the Special Committee appointed to consider this
matter, 2) Council adopt a "service area plat" and special reimbursement
fee of $40.00 per acre, and 3) authorize staff to meet with the developers
and prepare a formal reimbursement agreement.
Moved by Councilman Byrnes, seconded by Councilman Weathers, and
unanimously carried, to approve the foregoing recommendation.
2. Citizens' Policy Plan Coordinating Committee.
Mayor Thorpe announced that a meeting would be held of the above
committee together with representatives of the various sub -committees and
Chairmen of the Parks & Recreation and Planning Commissions this Wednes-
day evening, February 28.
Mr. Thorpe suggested Council establish a policy with regard to
voting eligibility on the various sub -committees.
Moved by Councilman Byrnes, seconded by Councilman Weathers, to
limit voting membership on the various citizen committees to those persons
who reside within the City.
Following further discussion the foregoing motion was voted upon
and LOST by the following vote:
AYES: Councilmen: Gammell, Weathers
NOES: Councilmen: Byrnes, Chermak, Thorpe
Mayor Thorpe stated it is his intention to bring to the Council
at their next meeting a roster of all the sub -committees for official
appointment.
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GE8 2 6 W73
ami Lit -
STAFF REPORTS
Reports were presented from the following:
City Attorney, City Engineer, City Treasurer, Planning Department
and Department of Public Works.
Attorney Okazaki recommended that Council adopt a resolution or
minute order requesting the County Counsel to provide for the City's
defense in the matter of Xerox Corporation vs. County of Orange, et al.
Moved by Councilman Chermak, seconded by Councilman Byrnes, and
unanimously carried, to adopt Resolution No. 73-2-26-3 requesting the
County Counsel to provide for the City's defense in the matter of the.
foregoing.
During discussion of the City Engineer's report, it was moved
by Councilman Byrnes, seconded by Councilman Chermak, and unanimously
carried, to request the City Engineer to present costs involved in alter-
native types of street light standards and hardware, including purchase
and maintenance.
During discussion of the Planning Department's report, it was
I
requested that staff submit a breakdown of the overtime hours accumulated
for the month of February.
Mr. T. J. Meadows, Director of Public Works, recommended that
Council set sewer connection charges as outlined in his report.
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to set a sewer charge of $2,700 for the Potter -
Brumfield building located in the Capistrano Airport Industrial Park.
Moved by Councilman Byrnes, seconded by Councilman Chermak, and
unanimously carried, to set a sewer charge of $13,500 for the Mission
Village Shopping Center.
WARRANTS
1. Approval of warrants for period ending February 23, 1973.
Moved by Councilman Byrnes, seconded by Councilman Gammell, and
unanimously carried, to approve warrant numbers 1652 through 1710 for
the total amount of $21,030.75.
COUNCIL REMARKS
1. Councilman Weathers requested staff to investigate the drainage
problem in the E1 Horno area.
2. Councilman Chermak commented on an article recently published
in the Reader's Digest concerning flood control in Littleton,
Colorado, which he thought of interest to the Council.
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345
3. Councilman Chermak requested that staff contact appropriate
authorities at the airport regarding the number of dogs, bicyclists and
horses on the runway.
4. Councilman Chermak stated that in a report to the Board of
Supervisors, County Administrative Officer Thomas recommended that as soon
as the County commences development of the Prima Deshecha dump site they
construct an air strip in that location. He suggested that Council give
consideration to supporting the recommendation. No official action was
taken.
5. Councilman Chermak questioned when the Council would be
receiving a copy of the annual audit for fiscal year 1971-72. Mr. Weidner
replied that he will be reviewing the final draft this week prior to being
printed.
6. Mayor 'Thorpe stated there will be a meeting of the Intergovern-
mental Coordinating Council this Wednesday, February 28 to discuss the
by-laws.
The Council adjourned to a personnel session at 12:08 a.m. and
reconvened at 12:38 a.m.
Moved by Councilman Chermak, seconded by Councilman Byrnes, and
unanimously carried, to appoint David Dawson as the City's representative
on the County Health Planning Council.
Moved by Councilman Chermak, seconded by Councilman Byrnes, and
unanimously carried, to appoint James Dukette and Harold Parkerson to
the Parks & Recreation Commission.
Mayor Thorpe adjourned the meeting to Wednesday, March 7 at 6:30
p.m. to a work session to discuss 1) employee negotiations, 2) Las Ramblas
Interchange, and 3) review of qualifications for Director of Public Works.
ATTEST:
The meeting adjourned at 12:53 a.m.
City Clerk
'Ad 2h�
es F. Thorpe, Mayor o t— he
z! es
of San Juan Capistrano
FEB 26i;�,�