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70-0525_CC_Minutes_Regular MeetingMAY 25. 1970 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, May 25, 1970, at 7:02 P.M. in the Council Chambers of the City Hall, with Mayor Thomas A. 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 the City Attorney, John H. Dawson. The minutes of the meeting of May 11, 1970, were approved as presented. STAFF REPORTS City Administrator - Ernest A. Thompson (a) Reported no items are on the agenda of the Board of Supervisors meeting for this week. (b) There will be a hearing on the proposed incorporation of Dana Point - Capistrano Beach on June 10 by the Local Agency Formation Commission. Mayor suggested the City Administrator, Ernest A. Thompson, make contact with the property owners on our southerly city limits to see what their interests are in having the city represent them in opposing the proposed incorporation. City Administrator was directed to report back to the Council his findings at the next regular meeting, June 8. City Attorney - John H. Dawson (a) Reported there had been a meeting with Mr. Vincent, representing the Oyharzabal family, re: the access road to the temporary City Hall site. They requested a legal description be furnished them on the triangle piece of property in question. Also stated the city will install a 10" water line and the gas company will be installing an 8" line. The property line was questioned and Mr. Ray Woodside addressed the Council and explained the Flood Control right of way and the city's property line. (b) Requested council's decision on the sidewalk easement for the Tustin Land and Cattle Company. Council members questioned what type of structure was being considered for overhang on sidewalk property - whether it was of a false front nature or a construction for occupancy. City Attorney will confer with the City Engineer and the lessee, for clarification of lessee's intention. MAY 2 51970 Finance Director - Paul P. Lew (a) Recommended approval of the warrant list for May, 1970, in the amount of $68,004.28. Councilman Chermak moved to authorize for payment, warrant numbers 5093 through 5146, totaling $68,004.28, seconded by Council- man Bathgate, carried and so ordered. (b) Requested authorization to enter agreement with the state for certifi- cation of population estimate. Councilman Thorpe moved to uphold the request of the Finance Director to enter an agreement with the state at an estimated cost of $90.00, seconded by Councilman Chermak, carried unanimously. (c) Made recommendation that the Warrant List be presented for approval on the first regular Council meeting of the month and the Monthly Financial Report on the second regular Council meeting. Mayor so ordered approval of recommendation. (d) Reported the property owners' share of cost for Camino Capistrano frontage improvement has been received by seven owners. A second request has been sent to the two remaining property owners who have not paid - one of which will pay when the city seal coats the street this summer. (e) Has made contact with several other companies re: striping machine. Was directed by Council to report back the price information on striping machines when it becomes available. Director of Public Works - T. J. Meadows (a) Had had two staff meetings with Becton, Dickinson re: sewer assessments - stated A.D. 66-1 sewer is available for providing service to this company. Mr. Don Martinson of Lowry Engineering Science addressed the Council and stated the projected fees which could be imposed by the city in the first increment of building (100,000 sq. ft. building) $15,000 sewer connection fee, plus $75 per acre for oversizing would come to $2,175. The 250,000 sq. ft. building ultimately proposed could bring as much as $53,384. Councilman Chermak at this time suggested a minimum charge be extended to the developer. Mr. Bradley, of Becton -Dickinson addressed the Council and stated his surprise at the cost for sewer assessment being double in San Juan Capistrano as compared to Irvine land or Mission Viejo. He requested consideration by the Council. There was also a question raised re: our escalation of sewer connection fees. Mayor directed a committee consisting of T. J. Meadows, MAY 2 51970 ml-- Minutes of the Meeting Of May 25, 1970. Jack Kubota, Councilman Bathgate and Lowry Engineering Science to go over the connection fee schedule and report back to the Council. The Mayor also suggested the committee invite the proponents (Becton -Dickinson Company) to the meetings. Councilman Thorpe moved to have all resolutions and ordinances of this meeting read by title only, seconded by Councilman Bathgate, carried unani- mously. Councilman Bathgate offered Resolution No. 70-5-25-1 - a resolution deferring further escalation of sewer connection charges until further study by the City Council. Roll call was taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. (b) Reported he had received a communication from the Office of Local Assistance re: our application for additonal flood funds for restoration of the Trabuco Bridge. Amount forthcoming will be $30,609.00. 4 Z (c) Requested Mayor and the City Clerk be authorized to execute agreement with the County of Orange for reconstruction of Del Obispo Street westerly of Trabuco Creek to the southerly line limit. Councilman Bathgate offered Resolution No. 70-5-25-2- authorizing execution of the agreement with the County of Orange. Roll call was taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES; None. (d) Requested Council to commit the city for construction of a portion of Alipaz Street, within the city boundaries, to tie in with the County's improve- ment of Alipaz Street. Councilman Chermak moved, seconded by Councilman Bathgate to authorize the construction, carried and so ordered. City Engineer - Jack Kubota (a) Reported construction is going well on Tract 6969 (Sant) and the Kolbet Tract 6225. Also made mention he is reviewing the bonds submitted by Kolbet and will report next meeting. (b) Plan checking Tracts 7183 and 7182. (c) Gave presentation on blackboard re: L.U.P. 69-117 (Reichert Mobile - home Park) - 42' of paving for 1/2 street section with removal of the westerly half. City Engineer will proceed with this. (d) Plan checking Ronsberger property street improvement use variance (Golden Coach Mobilehome Park). MAY 2 51970 (e) Reported he had received an Easement Deed from Mr. & Mrs. Vermeulen for an 11' drainage easement. City Engineer read the five conditions included in the transmittal, of which the number five condition brought about lengthy discussion by the Council. Mr. Portwood addressed the Council, representing the owner of the mobilehome park. Councilman Chermak moved to accept and approve the easement deed, subject to conditions, pursuant to approval by the Planning Commission, then Council will authorize recordation, seconded by Councilman Gammell, carried and so ordered. (f) Sent a letter to Mr. Briscoe of the A.T.& S.F. Railroad thanking them for doing the repairs on Del Obispo crossing. (g) Gave brief presentation showing the Council where the Interstate 5 and Route 1 Freeway connection will be constructed in six years. WRITTEN COMMUNICATIONS (a) Notice of pre -hearing conference before the Public Utilities Commission re: Pacific Telephone application #51744. Councilman Bathgate pointed out that no information will be coming back to the city from the P.U.0 findings - if we want information, we will have to look at the trans- cripts in Los Angeles. Mr. Robert Gannon of the Pacific Telephone Company explained the prehearing is to set-up guidelines and that the first Public Hearing has been set for June 15. The Pacific Telephone Company and the League of Cities will be getting summarizations of the P.U.C. daily testimony which Mr. Gannon stated he will furnish to the Council for their perusal. (b) Letter from Mr. & Mrs. Jose Mesa re: application for a building permit on their parcel 8, or for the city to purchase the property in question. Discussion by Council and legal counsel brought up subject of a park and recreational element in the subject area. City Administrator was directed to contact the Mesas re: price they are asking. City Planner was directed to consult with Mr. Thompson after the Mesas have been contacted. ORAL COMMUNICATIONS Chamber of Commerce Budget - Mr. Bruce Winton, President of the Chamber gave clarification to their request for consideration by the city for inclusion in the 1970-71 proposed budget. Pointed out the largest expense by the Chamber is for the printing of the brochure. Asked that the Council consider their request for $1,800 for this particular item. Gave brief projections of the Chamber, which now has a membership of 110 members. Requested that they MAY 2 51970 291 Minutes of the Meeting of May 25, 1970. be able to attend the budget study session of the Council to go over their request of $4,000. Councilman Gammell made inquiry of the fund-raising projects anticipated by the Chamber. A few of the ones mentioned by Mr. Winton - stands at the next Fiesta Day, increase in membership dues, selling decals, brochures, fact sheets pointing out the developers in our city, etc. PUBLIC HEARING j 3 (a) Public Hearing was declared open on the Master Plan of Drainage for the City of San Juan Capistrano. Mr. Jim Brennan, representing the city, gave presentation explaining it was a joint project by the city and the county. The city picking up one third of the cost and the county two thirds. The amount of acreage involved covered 7,200 acres. Gave recommendation of accepting the numbering system set by the Flood Control District. Three maps were shown, showing boundary lines of the city and county and San Clemente, laterals, and the various sections showing fee schedules. Mr. Brennan gave several recommendations - first of which was for the Council to adopt the Master Plan of Drainage; second, to adopt the per acre fee; third, adopt an ordinance similar to the county ordinance and fourth, to negotiate a joint powers agreement with the City of San+.Clemente and County of Orange. Lengthy discussion followed and clarification of drainage fees as per the proposed laterals. Mr. Christiansen commended the fine engineering put forth in the report and also questioned why it would not be feasible to divide the acreage where the fee has been set at $805 per acre. Public Hearing was delcared closed. Councilman Bathgate commented he felt the City has waited a long time for this report and felt it was most comprehensive and should be accepted by the city as soon as possible. Councilman Bathgate offered Resolution No. 70-5-25-3, a resolution of the City of San Juan Capistrano adopting the Master Plan of Drainage. Roll call was taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. (b) Public Hearing on the appeal of L.U.P. 70-108 (Recreational Vehicle Park) was declared open by the Mayor. Mrs. Orcutt addressed the Council and gave presentation on what they propose to do with the property. Mr. Hanson of K.O.A. also addressed the Council and stated the economic situation of the K.O.A. park would provide a tax rate increase to the city. Gave background of what is required by K.O.A. for a franchise to a park. Mr. Nedros, a K.O.A. park owner from Victorville emphasized the large number of campers who come into the state. Dick Menafee also told of the need for more recreational MAY 2 51974 10 V 4 vehicle parks in the area. Mr. Mike Darnold also spoke in favor of the park. Protests to the appeal: Mr. Carl Hankey opposed adamantly the appeal, due largely to the traffic pro- blem on the Ortega Highway and the noise factor which he felt would be generated by the park. Mr. Charlie Ruerup also opposed the appeal and stated the road is too narrow and too dangerous. Dr. Byrans also addressed the Council for opposition to the appeal and stated that, while he thought the K.O.A. people gave a good presentation, he felt the image of what iw would really be like was not what had been presented. Mr. Hanson at this time clarified the engineering had to conform with the K.O.A. standards for safety. Councilman Bathgate clarified the L.U.P. would have conditions attached, otherwise no L.U.P. would exist. Also, that the Ortega Highway is a state highway. Councilman Chermak requested the two opponents, Mr. Hankey and Dr. Byrns to qualify to the Council what they thought the land should be used for. They both, in essence, stated for 1/2 acre home sites. Councilman Bathgate stated the property owners who voiced their opinion on what the property should be should do more than state what they want by making it more binding. Density was also questioned and discussed at length. Also, a left turn pocket lane would be requested by the Orcutts. Public Hearing was declared closed. City Engineer was questioned about the 14! grade. Councilman Chermak moved to grant the appeal to the Orcutts. The motion died for lack of a second. Councilman Chermak then motioned to hold over until the next regular meeting of the Council, seconded by Councilman Bathgate, carried and so ordered. UNFINISHED BUSINESS (a) Proposed park dedication by the Westport people was reported by Councilman Chermak. Made suggestion the city credit the Westport people for the park land and use the slivers of land in question to widen Camino Capistrano. Mr. Rabalais addressed the Council and Stated approximately 10 acres are being offered to the city for park availability. The City Planner and the City Attorney were directed to pursue the parks element for the developer. (b) Councilman Bathgate moved to have the schedule for the city hall and the water district employees observe Monday, June 1, 1.970 as the Memorial Day IAIAY 2 5 IM Minutes of the Meeting of May 25, 1970. holiday, seconded by Councilman Thorpe, carried unanimously. DO I ww The meeting adjourned at 11:33 P.M. to an adjourned meeting, Thursday, June 4, 1970 at 6:00 P.M. Respectfully submitted, z "/4, nest'A. Thompson City Clerk 293 MAY 2 51970