70-0112_CC_Minutes_Regular MeetingJANUARY 12, 1970
MINUTES OF THE MEETING OF THE CITY COUNCIL OF
SAN JUAN CAPISTRANO
The regular meeting of the City Council was called to order
by Mayor Edward S. Chermak at 7:00 P.M.
The pledge of allegiance to the flag was recited. Invocation
was given by the City Attorney, John Dawson.
The City Clerk called the roll. Councilmen present: William
Bathgate, Don Durnford, Thomas A. (Tony) Forster, Antonio M. (Tony)
Olivares and Edward S. Chermak.
The minutes of the regular meeting of December 22, 1970 were
approved as presented.
STAFF REPORTS
City Administrator - Ernest A. Thompson
(a) Letter of request from the Girl Scout Council of Orange County
for permission to conduct their annual cookie sale March 6
through March 14 and the calendar sales in the month of
November. Request was approved by the Council.
(b) January 14, 2:00 P.M. - Local Agency Formation Commission meets
re: boundary lines - resolution is on file making reference
to the Honsberger property. L.A.F.C. has been adequately in-
formed what the stand of the City is - view the boundary lines
as "straight corners and straight lines." San Juan Capistrano
should voice an opinion at this time if in opposition - City
Attorney stated he plans on attending the meeting.
(c) No significant items pertiennt to the valley on the agenda of _
the Board of Supervisors.
(d) Gave summary on the meeting held in Sacramento on Solid Waste -
will submit a written report to the Council on this matter.
City Attorney - John Dawson
(a) Division of Land issue re: Mrs. Hills' property - had meet-
ing with City Planner and Mr. Connelly (Attorney) in connection
with easement dedication.
(b) Appraiser's cost, $300 re: Birtcher Pacific, Tract No. 6788 -
City can take immediate possession.
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(c) Mayor made inquiry on permanent right of way going into the
future site of the permanent Public Works facility and
temporary City Hall. Mr. Dawson will research this.
Finance Director - Paul P. Lew
(a) Made comment on the quarterly report (to be submitted to the
Council before the next meeting) in that the General Fund
interest gained over last year is 107%.
(b) Made request to attend the California Society of Municipal
Officers meeting in Beverly Hills, February 4, 5 and 6.
Councilman Durnford made the motion to grant the request of
the Finance Director and to approve the necessary expenditures -
involved, seconded by Councilman Bathgate, carried unanimously.
Director of Public Works - T. J. Meadows
(a) Recommended sewer connection fee on the 151000 sq. ft, building
by Birtcher-Pacific going in next to the Bank of America be
set at $2,250, Councilman Bathgate moved to uphold the re-
commendation of the Director of Public Works, seconded by
Councilman Durnford, carried unanimously.
(b) Recommended sewer connection fee at Mission and Camino Capis-
trano be set at $450 - Councilman Forster moved to uphold
this recommendation, seconded by Councilman Bathgate, carried
unanimously.
(c) Orange County Flood Control District request for permission to
install a metering station on the Del Obispo Street Bridge
over Trabuco Creek. Councilman Forster moved for the affirma-
tive on the request, seconded by Councilman Bathgate, carried
unanimously.
(d) Has received inquiry from property owners along the newly paved
/-/,? -/ frontage road (Camino Capistrano - by the Post Office) to
post and sign our load limit of 3 tons. Councilman Bathgate
offered Resolution No. 70-1-12-1 designating that the load
limit be posted for capacity of 3 tons. Roll call was taken -
AYES: Councilman Bathgate, Durnford, Forster, Olivares and
Chermak. NOES: None. ABSENT: None.
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(e) Reduced speed limit on Camino Capistrano, also intersection
street lighting should be installed due to the traffic hazard
at Ave. Aeropuerto. Requested authorization to proceed with
installation of street lighting which will run approximately
$7.00 per month - Councilman Bathgate moved to grant the
authorization for installation and staff to confer as to the
property position of the light, seconded by Councilman Durnford,
carried unanimously.
(f) Reported the Ross water line is in.
(g) Four of the sixteen property owners have paid for their paving
bill.
City Engineer - Jack Y. Kubota
(a) Reported construction the Shell Service Station is progressing.
(b) Tract 6969 (McCarthy) coming along.
(c) Plan check on Tract 6958 (Mission Hills - 27 lots).
(d) Met with Mr. Misbin and Mr. Holms re: State Division of
Highways building an off ramp for frontage road at Serra
Road and were receptive to this plan.
(e) Application of A.H.F.P. project brought favorable response
and suggestion that we fix the amount of request at $75,000 -
this is part of the 4 lane project from Dana Point to Blue
Fin on Del Obispo Road. City Engineer will review and come
back to the City Council with recommendations.
(f) Mr. Birtcher wants to continue with plans of condemnation of
right of way.
(g) City Engineer explained very thoroughly the engineering
standpoint with reference to the question of drainage for
the mobilehome park on the Cook property off Alipaz Street.
The Mayor at this time questioned the criteria of the
Honsberger property. Mr. Bill Ayer addressed the Council.
Councilman Forster abstained from entering into any discussion
due to a possible conflict of interest. Lengthy discussion
followed. Planning Commission approval so stated there was
no issue of drainage to begin with. Mr. Kubota demonstrated
on the blackboard the area involved and needed for drainage.
City Engineer to work out the most practical alignment along
Alipaz Street to provide adequate drainage.
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217
WRITTEN COMMUNICATIONS
(a) Notice of application with Public Utilities Commission -
Application #51567 by Southern California Gas Co. - Application
#51568 by Southern Counties Gas Co. - and Application #51569
by Pacific Lighting Service Co. - informational only, received
by Council with no comments.
(b) League of Cities Meeting held January 8, 1970 brought a 13 to
10 vote in favor of dissolution of the Orange Councy Harbor
District.
(c) Local Agency Formation Commission will be holding a Public
Hearing on January 14, 1970, 2:00 P.M. on the proposed incorpo-
ration of the coastal areas of Dana Point - Capistrano Beach.
(d) Letter of request from W. B. Goodwin for transferring Business
License #86, originally issued to Helms Bakeries, to his own
bakery truck. Councilman Forster moved to grant the request,
seconded by Councilman Durnford, carried unanimously.
(e) Letter of request from David Weisz Co., requesting auctioneer
license for one day, Saturday, January 17, 1970. Councilman
Durnford moved to grant the request, seconded by Councilman
Bathgate, carried unanimously.
(f) Letter from Marquis & Associates, reference L.U.P. 68-109.
Mr. & Mrs. Hawkins, owners of the property, were introduced
to the Council. Mr. Riley Marquis addressed the Council re:
fulfilling the necessary requirements for going ahead on the
property for construction of the E1 Nido Mobile Estates before
the February 10, 1970 deadline date on the land use permit.
Discussion followed: Mr. John Mullin from Church Engineering
clarified position of what has been accomplished so far. The
question raised was if all requirements are fulfilled, excluding
the requirement of dedication and improvements on Ortega Highway
(State Highway), would the Council validate the land use permit?
City Attorney clarified the question of why the dedication of
the frontage on the Ortega Highway must be given to the state
rather than the city - since it is a state maintained roadway.
Councilman Durnford moved to validate the L.U.P. if everything
is in progress, seconded by Councilman Olivares; Councilman
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Forster stated that the Council has the right to cancel this
validation in the future if these items are not accomplished,
carried unanimously.
PLANNING COMMISSION MATTERS
(a) Minutes of the regular meeting of the Planning Commission
held 1-6-70 were submitted.
(b) Honsberger Mobilehome Park - Mayor reported on the letter
received from the Moiblehome Park Committee giving a report
and its recommendations on the Honsberger Mobilehome Park.
Discussion consensus was informational. Mr. Gutsch was
recognized bylhe Council, and Councilman Forster stated the
importance that his concern be represented at the Public
Hearing set by the Local Agency Formation Commission on
Wednesday, January 14 at 2:00 as opposition to be included
within the Dana Point - Capistrano Beach incorporation.
(c) McCall Mobilehome Park L.U.P. 69-118 - originally denied by
the Planning Commission. Discussion followed and reference
was made regarding drainage. Councilman Forster moved to
uphold the Planning Commission's decision to deny L.U.P.
69-118, seconded by Councilman Olivares, motion lost by a
3 to 2 vote. Councilman Durnford motioned to have no action
taken by the Council on this issue until the next meeting,
seconded by Councilman Bathgate, carried unanimously.
(d) L.U.P. 70-102 (Brown) - to permit the construction of a 10,000
sq. £t. retail commercial structure in the C -1H Local Business
Mission District. Planning Commission recommended an appropriate
improvement district formed. Discussion centered on waiver
of (asking for additional 21) improvements until improvement
district is formed. Councilman Bathgate moved to waive
improvements until such time as (1) an appropriate assessment
district be formed, or (2) the adjoining properties are developed
and improved, or (3) a capital improvement project by the City
is scheduled, whichever comes first, Councilman Forster
seconded, carried unanimously.
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219
(e) Requested setting second Public Hearing on February 24, 1970
for RZ 70-101 (Westport Enterprises, Inc.).
UNFINISHED BUSINESS
Councilman Durnford moved to have the City Attorney read by
title only the second reading of Ordinance #157, anending Ordinance
No. 115 be designated Amendment No. 21, seconded by Councilman
Bathgate. Councilman Bathgate offered Ordinance No. 157 for
adoption. Roll call was taken - AYES: Councilman Bathgate,
Durnford, Forster, Olivares and Chermak. NOES: None. ABSENT:None.
NEW BUSINESS
Mayor read notes re: bids for the temporary City Hall facility.
City Attorney gave his legal opinion in that the time factor is
absolute and necessary and that all bids and bonds are due in at
the time stipulated. Discussion followed among the Councilmen.
Mr. Maurice of Maurice Development & Research Co. addressed the
Council to take issue with the City Attorney regarding his being
the lowest bidder. City Attorney stated he will go over the
bidders list with the architect to resolve who is the actual
qualified low bidder since some technicalities have eliminated some
of the bidders. Councilman Bathgate recommended holding a special
meeting of the Council if the City Attorney and architect can
resolve the issue so that Council can award the contract. Mr.
Dale Butler representing the Gas Company addressed the Council with
regard to the gas line leading to the city owned property. He
stated in the event that gas air conditioning were used, there would
possibly be no charge for gas main installation. The Mayor suggested
he get together with the architect.
COUNCILMAN REPORTS
Councilman Forster
Councilman Forster offered Resolution No. 70-1-12-2 authorizing
such representatives from the City of San Juan Capistrano to appear
on behalf of the City before the Local Agency Formation Commission
of the County of Orange.
Councilman Bathaate
(a) Drainage ditch along Camino Capistrano by the Casitas - questioned
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220
what can be done to eliminate the flooding in that area;
made recommendation to look into and unblock stopage.
(b) Reported the rocks are being hauled away by passing motorists
from temporary Camino Capistrano crossing.
Councilman Durnford
Made inquiry re: repairing blacktop where Ganado crosses San
Juan Creek.
Councilman Forster
(a) Stated the swap meet was started on a temporary basis and is
still going full strong; suggested the staff investigate.
(b) Parkway improvements should be referred to the Planning
Commission since some of the planted trees have a tendency
to do damage to the sidewalks and underground utility lines.
Mayor Chermak
(a) Stated he had received a letter signed anonymous objecting
to the new name of "Peon Plaza".
(b) Proclaimed January, 1970, as March of Dimes month.
(c) Announced an invitation by the League of Women Voters to a
symposium to be held at the San Clemente Inn on Staurday,
January 17, 1970.
The meeting adjourned at 10:26 P.M.
Resp tfu{7/l�l y Aubmi d,
Ernest A. Thompson
City Administrator
City Clerk
JAN 121974