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.
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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,
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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).
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(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
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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
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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
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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
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