70-0608_CC_Minutes_Regular Meeting2 9 `7
JUNE 8, 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, June 8, 1970, at 7:00 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 Mr. Robert C. Gannon.
The minutes of May 18 were referred to legal counsel for a re -writing of
the verbage which had been questioned in paragraph 2. Also, Item #2, correct
name to read Mrs. Terry Rodriquez.
Minutes of the meeting of May 25, under Public Hearing - that portion
pertaining to Mrs. Ross - directed to be struck from the minutes. Minutes were
then approved as corrected.
Councilman Bathgate at this time made a motion to have all resolutions
and ordinances of this meeting read by title only, seconded by Councilman
Gammell, carried and so ordered.
STAFF REPORTS
City Administrator - Ernest A. Thompson
(a) Mr. Robert Johns, acting in behalf of the City Administrator, presented
his reports in his absence.
(b) Read letter from Mrs. Charles Orcutt requesting their withdrawal of
their appeal, L.U.P. 70-108. Letter was received by Council and filed.
(c) Letter of transmittal from Mr. Lavagnino's office for a request for
payment from the Viking Company. Director of Public Works commented it to be
in order. Councilman Gammell moved to authorize payment of the third progress
payment in the amount of $16,899.00, seconded by Councilman Thorpe, carried
unanimously.
(d) Letter from the Division of Highways re: functional classification
study - informational. Mayor referred it to the City Engineer's office for
any comment.
(e) Executive meeting of the League of California Cities to be held June
11. Possible attendance by Councilman Bathgate and Mayor Forster. Mayor
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directed the City Administrator's office to poll Council members prior to
confirmation of reservations being made.
(f) Decision No. 77301 from the Public Utilities Commission regarding
investigation into requirements for a general order on siting a new electric
generating plant - informational. Mr. Dennis Paquin of the S.D.G.&E. Company
gave clarification of this case.
(g) L.A.F.C. agenda presented with respect to Dana Point -Capistrano
Beach incorporation meeting to be held June 10, 1970, at 2:00 P.M. in
Santa Ana. Mayor informed Council the City Administrator had polled adjacent
property owners and none had requested City representation at this meeting.
(h) Memo from Mr. Dick Turner, Executive Officer of L.A.F.0 re: de -
annexation 65-1 from the Capistrano Beach Sanitary District. Legal counsel
explained that L.A.F.C. had no jurisdiction to take any action requested by
our City. Discussion by Council concluded that City Attorney look into and
report back to the Council within 30 days and none of the property owners to
be notified prior to City Attorney's report being presented to Council.
A member of the audience, Mr. Melvin Bloom, addressed the Council with
respect to the area.
City Attorney- John H. Dawson
(a) Reported he had drafted a statement of policy of the city on the pro-
tection of the swallows. Resolution will be formalized in written form
and be in the agenda packet for the Council's perusal at the next meeting.
(b) Read by title only, a proposed ordinance amending Ordinance No. 115
by adding thereto certain sections relating to the establishment of drainage
fees. City Attorney was directed by the Mayor to prepare a draft for the
second reading.
(c) Ordinance regulating business licenses - This item carried over from
last agenda for determination for certain fees on mobilehome parks and
inclusion of recreational vehicle parks. Discussion of Council centered
on the proposed fee of $2.00 per unit for mobilehome parks, after $15.00
basic fee was paid. Dr. Watkins and Mr. Broaddus of the Capistrano
Valley Mobile Estates Park addressed the Council, and Mr. Broaddus informed
the Council that they were already paying fees to the County. City Treasurer,
during discussion, related fees we were not collecting - the actual fees
versus projected fees. After further discussion with respect to the merits
of equitable fees, Councilman Thorpe moved to approve the fees as presented
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Minutes of the Meeting of June 8, 1970.
in the revised part of the ordinance, specifically referring to the $2.00
per unit, after basic cost. Councilman Gammell seconded,the motion carried
3 to 2, with Councilmen Bathgate and Chermak voting Noe. Ordinance was
read by title only.
ORAL COMMUNICATIONS
(a) Mr. Dick Beggs, President of the San Juan Capistrano Fiesta Associa-
tion made request for the franchise for the Fiesta Association. Councilman
Chermak made a motion to grant the request, subject to the standard conditions
set forth re: clean-up, policing, etc., seconded by Councilman Gammell,
carried and so ordered.
(b) Mr. Walter Stephens and Mr. Peter Hector addressed the Council
regarding sign for Pete N' Clara's Cafe. Asked relief from a condition that
imposed the requirement to remove the large sign on the front of the building.
Secretary of the Planning Commission pointed out the problem. After discussion
concerning all signs on the structure, Councilman Bathgate moved to approve
the deletion of condition #3 of Planning Commission, thus permitting retention
of this sign, subject to it being repainted to make it compatible with pole
sign authorized. Further, the two neon signs on the north and south elevation
respectively to be removed. Secretary of Planning Commission is authorized
to approve the wall sign elevations if they are in keeping with architectural
concept of the pole sign. Councilman Thorpe seconded the motion and it
carried unanimously.
PUBLIC HEARING
6 - I General Plan for the City of San Juan Capistrano. Secretary of the
Planning Commission presented the plan and explained that it was a consolida-
tion of existing elements, plus one new element and text. The Mayor declared
the Public Hearing opened. Messrs. Pignato, Bloom and Williams spoke with
respect to the plan. Mr. Bloom was the only objector. Public Hearimg was
declared closed. Council discussion followed and centered on the aspect that
this plan was a beginning and guide in that ultimately all items concerning
this plan would be before them with respect to zoning and other land uses.
Councilman Gammell offered Resolution No. 70-6-8-1, a resolution to adopt the
General Plan as presented for the City of San Juan Capistrano. Roll call was
taken - AYES: Councilmen Gammell, Chermak, Bathgate, Thorpe and Forster.
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Councilman Thorpe suggested the Council make an annual review each year.
NOES: None. ABSENT: None.
COMMITTEE REPORTS
Sewer Connection Fee Committee with respect to Becton -Dickinson. Council-
man Bathgate reported on the meeting. Stated they had reached a decision
concerning assessment district fee, oversizing fee and hook-up fees. Mr.
Don Martinson, of Lowry Engineering Science addressed the Council and
broke the fee schedule down in the following order:
Assessment District Fee (29 acres) @ $470 per acre
Oversize Fee (29 acres) @ $75 per acre
Less credit for cost incurred in installation of
of approximately 1200 feet of sewer line to
a maximum of $10,000.
Sewer Connection Fee for 1st 25,000 square feet
@ $225 per each 1500 sq. ft, unit.
Sewer Connection Fee for all square footage over 1st
25,000 sq. ft. @ $112.50 per sq. foot.
$13,630
$ 2,175
$ 3,750
Councilman Chermak questioned the gallonage from a building up to 100,000
square feet. Councilman Bathgate stated the extra volume would not jeopardize
assessment line's capability.
Councilman Bathgate offered Resolution No. 70-6-8-2, a resolution to
approve the suggested sewer connection fees for Becton -Dickinson. Roll call
was taken. AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster.
Mr. Bradley of Becton -Dickinson thanked the Council for its consideration
and stated it would be a workable agreement with the company.
STAFF REPORTS
Finance Director - Paul P. Lew
Requested approval of the Council for payment to Cappello & Sons of
$56,844 (1/3 of the contract). Councilman Chermak moved to approve the request,
seconded by Councilman Bathgate, carried and so ordered. Mr. Randy William,
a member of the audience, thanked the Council for the courtesies extended by
Mr. Cappello in his construction of the water line, which did not interrupt
the irrigation of the orange groves.
Director of Public Works - T. J. Meadows
(a) Progress Report - Gangi (E & E Engineering, Inc.) demolition at the
new Public Works site should be completed this week.
(b) Will report next meeting on the final inspection of the weed abatement
program.this week.
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Minutes of the Meetin¢ of June 8. 1970.
(c) Oso sewer job is going very smoothly.
(d) Marina View Heights has requested assistance in making application
for federal funds from the flood disaster for private property damage. Council-
man Bathgate offered Resolution No. 70-6-8-3 designating the Director of Public
Works as representative of the city in making application for Section 1715.4
of Public Law 91-79 funds. Roll call was taken - AYES: Councilmen Bathgate,
Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None.
(e) Received application for sewer connection fee from Mr. Fish N' Chips,
and made recommendation that $225 be set for the building which is a total of
1,250 square feet. Councilman Chermak moved to approve the recommendation,
seconded by Councilman Bathgate, carried and so ordered.
(f) Capistrano Mobilehome Park - 312 spaces, plus 10,000 square feet of
recreation and washroom facilities in the amount of $36,675. Councilman moved
to authorize the Director of Public Works to request payment for $36,675,
seconded by Councilman Bathgate, carried unanimously.
City Engineer - Jack Y. Kubota
(a) Westport model homes - proposed public street improvements require the
removal of two trees. The large sycamore tree on private property to be
trimmed. Mayor, with Council consensus, stated trees should be removed.
(b) Plan checking on the mobilehome park on the Oyharzabal property.
Second cycle of plan checking is including the construction of a storm drain
from the easterly portion of the Baptist Church property to the Flood Control
Channel. City Engineer requested the Baptist Church be contacted re: extend-
ing the storm drain and putting in curbs and gutters. It has been three years
since they first asked for an extension of time. Mayor directed the City
Administrator to contact the Baptist Church with respect to the improvements
and report to the Council.
(c) Resurfacing of Mission Hills area. Also, resurfacing of Ortega and
installation of conduits for traffic signals. Informed Council we do not
have easement for corners of the Church property on the southerly side of
Camino Capistrano and E1 Camino Real and that responsibility for obtaining
this had been in the hands of the City Administrator for two years. Recommend
either this be obtained through negotiation or condemnation would be necessary.
City Attorney volunteered his services to obtain said easements. Mayor, with
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Council consensus, referred this matter to City Attorney for him to contact
the appropriate Church officials to negotiate for said easements.
COUNCILMEN REPORTS
Councilman Chermak
(a) Asked for investigation regarding an abandoned car on the frontage
road immediately south of the La Golondrina Motel on Camino Capistrano.
This to be checked out by the City Administrator.
(b) Pleased with action of the Council concerning review of the Baptist
Church improvements.
Councilman Gammell
Pleased to see the sign situation is much better.
Councilman Thorpe
(a) Questioned signs on private property and the need of control to deter
future additional signs being placed on established signs. Mayor Forster inter-
jected and queried the City Attorney concerning the steel sign. City Attorney
replied that a hearing is set in Superior Court on June 15, 1970.
(b) Relayed the consensus of the committee meeting with Mr. McCracken and
the City Attorney re; the zoning ordinance. The City Attorney will draw
up an ordinance for the committee's consideration.
(c) Inquiry made of Councilmen and Staff in general concerning status of
Cable TV franchise. Related he had difficulty of installation in his home
and wonders if it is common. Conversation was that one franchise had been
issued only and the Director of Public Works would not let parallel lines of
different franchise organizations go in the same tract.
Mayor Forster
(a) League of Cities - reference Cable TV franchise revocations. Queried
as to actions and staff interpretation. Was informed the City does not take —
action when required to eliminate a non-productive franchise and has already
terminated one franchise.
(b) Joe Mesa property - Inquired as to whether City Administrator had
contacted Mr. Mesa. City Planner informed Council contact had been made, but
information had not been given to him by the City Administrator - to be furnished
next meeting.
(c) Day Work Shop for Mayors - Councilmen Gammell and Thorpe reported on
last meeting they attended. Mayor indicated he would attempt to make the next
meeting.
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(d) Letter from Councilman George Scott of Fountain Valley read by Mayor.
Subject helping handicapped people by providing parking adjacent to shops and
shopping centers. Letter referred to City Engineer for comment and report.
Councilman Bathgate expressed idea that the Chamber of Commerce might pursue
this type of activity.
(e) Mayor introduced Mr. Burce Winton, Chamber President, who in turn
invited all members of the Council to attend the breakfast meetings of
the Chamber of Commerce. It was left to the individual determination of
each Councilman if they could attend.
(f) Letter from Chamber of Commerce of San Clemente with regard to
moving the Santa Fe railway northerly and eliminate it from the beach area.
Discussion centered on whether the City of San Clemente had taken official
position and the vagueness of the ultimate question of where it would go.
No action taken at this time.
PLANNING COMMISSION MATTERS
RZ 70-104 (French) - Mayor set second Public Hearing for this rezone for
July 13, 1970 at 7:00 P.M.
The meeting adjourned at 10:18 P.M. There will be a study session on
Monday, June 15, 1970 to go over the budget.
Respectfully submitt de
RBlfert K. Johns
Acting for the City Clerk
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