71-0125_CC_Minutes_Regular Meeting40;
January 25, 1971
REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The City Council of the City of San Juan Capistrano, California,
met for a regular meeting on Monday, January 25, 1971, at 7:17 P.M. in
the Council Chambers of the City Hall, with Mayor 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. T. J. Meadows.
Correct Minutes of January 11, 1971. In correction of Minutes of
December 21, 1970, change name to read Crean property. The minutes
of January 11 and 18, 1971, were then approved as corrected.
Councilman Chermak moved to have all ordinances and resolutions
for this meeting read by title only, seconded by Councilman Bathgate,
carried unanimously and so ordered.
STAFF REPORTS
Acting City Administrator - Robert K. Johns
1. Requested Executive Session after this evening's meeting
to discuss final interview procedure for City Administrator
position.
2. Reported Councilman Chermak and Thorpe will be meeting with
staff as a committee to go over the sewer fee study prepared
by Gallaway & Associates.
3. Reported a cost analysis will be kept for time spent to have
a member of the City work force present in City Hall for
four Saturdays re: driver school classes to be conducted
by Sgt. Mahe.
City Attorney - James Okazaki
Reported hearing has been set for February 11, 1971, for
Mission Outdoor Sign to show cause why preliminary injunction
should not be lifted and contempt proceedings followed.
JAN 2 51971
Finance Director - Paul P. Lew
1. Councilman Gammell moved to accept and authorize for audit
the Quarterly Financial Report, seconded by Councilman
Bathgate, carried and so ordered.
2. Councilman Chermak made the motion to uphold the request
of the Finance Director to authorize transfer of funds
for a Fireproof File from Finance Capital Outlay account
to Administration Department Capital Outlay account,
seconded by Councilman Bathgate, carried and so ordered.
Citv Treasurer - Alice Ross
The Mayor directed the City Treasurer to meet with Staff
concerning Treasurer's Report.
Director of Public Works - T. J. Meadows
1. Reported dedication ceremonies had taken place today for the
completion of the Trabuco Bridge. Councilman Bathgate
offered Resolution No. 71-1-25-1 accepting the bridge
as complete and acknowledging that minimum service has
been restored. Also, to authorize payment in the amount of
$89,043.64 to paid. Roll call was taken - AYES: Councilmen:
Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None.
ABSENT: None.
2. Councilman Bathgate moved to uphold the recommendation of the
Director of Public Works to set connection fees for
Coast Catamaran Bldg. #3 at $2,250 and for the Metropolitan
Artists Building at $2,475. Councilman Thorpe seconded
the motion and it carried unanimously.
City Engineer - Jack Y. Kubota
1. Reported he is proceeding with acquisition of right of way
for construction of offsite sewer re: Tract 6788. Legal
counsel stated he is negotiating for a settlement and will
file for immediate possession.
JAN 2 511971
City Council Minutes of January 25, 1971 (Continued)
2. Reported topographic survey of Lot 60, Tract 5974, will
be completed this week. Question raised concerning its
need and City Engineer stated it will be used as a base
map for grading, construction, site planning and guide for
maximum input in the future for construction of a park site.
3. Councilman Bathgate offered Resolution No. 71-1-25-2
accepting a Grant Deed from the Belinda Company for Lot 40
of Tract 6141 for a park site. Roll call was taken.
AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and
Forster. NOES: None ABSENT: None.
4. Recommended acceptance of four Easement Deeds for D.L.
70-107, sponsored by Provincial Properties, Inc. and
Spaulding Company and recordation of same. Councilman
Chermak offered Resolution No. 71-1-25-3 accepting and
ordering recordation of the four deeds. Roll call was
taken. AYES: Councilmen Chermak, Bathgate, Gammell,
Thorpe and Forster. NOES: None. ABSENT: None.
City Engineer gave presentation re: 15.56 acres in question
relating to the drainage fee. Explained his office had
been contacted by Mr. Swartout to consider payment on the
net acres of 13.56 since 2.0 acres would be taken for road
easement. Mr. Jim Brennan of Lowry Engineering stated the
original Drainage Report used gross area concept for its
calculations and felt this should be followed through.
Mr. Bruce Swartout addressed the Council and stated he felt
it quite an imposition on the property owner to acquire
land with no drainage problem and then have to pay for
drainage fees. Also, he pointed out the original agreement
with the property owner established a 40 foot easement and
;, N25: i i
did not allow for the additional 10 feet being requested by the
Planning Department. Mr. E. L. Christiansen read from the
Agreement, Item #11 relating to this point. Discussion
from the floor and the Council members concluded with the
Mayor referring this to the City Attorney, City Engineer
and City Administrator's Office. Suggested name of
Paseo Domingo Municipal for the City Hall Road. Mayor,
with Council consensus, directed the Planning Commission
to review and recommend a street name.
Citv Planner - Robert K. J
1. Letter of request from Mr. Mike Darnold for temporary waiver
of improvements. Mr. Darnold spoke to the Council and made
inquiry as to the different levels of curbing for the
improvement of the west side of the property. Previous
policy of the City was brought out before Ordinance No. 115
was imposed. Councilman Bathgate moved to approve the
request for waiver of improvements on E1 Camino Real and
that if practical from an engineering viewpoint, the improve-
ments on Camino Capistrano would be required. This waiver
of improvements shall not include waiver of dedication.
Dedication shall be 6 feet on Camino Capistrano; necessary
right of way 30 feet from centerline for E1 Camino Real.
Further, the property owner shall agree in written form to
improve property when other properties improve or when use
changes. Motion was seconded by Councilman Thorpe,
carried unanimously.
2. Letter of request from Capoval for waiver of parking re-
quirements as provided under the existing ordinance. City
Administrator explained the dedication requirement for
Camino Capistrano as well as E1 Camino Real. Mr. Robert
JAN 2S19?1
January 25 1971 City Council Minutes (Continued)
Patrick addressed the Council to give some background for
his request. Comment from Councilman Bathgate stated
it is incumbent to change the parking status of the down-
town area. He suggested a district could be formed with
participation from the Mission and felt parking areas
should be provided by the property owner rather than the
master leaseholder.
Mrs. Leona Fitzpatrick spoke in favor of granting the waiver.
Councilman Thorpe moved to approve the waiver for parking
and that the property owner, namely the Mission, will be
required to furnish parking for any future commercial
changes on the property in question, seconded by Councilman
Gammell, carried 4 to 1 with Councilman Bathgate voting NOE.
COMMITTEE REPORTS
Councilman Bathgate reported on the meeting re: stand-by
service for after hours and weekends for the City Hall.
Councilman Bathgate moved to instigate our own answering
service and recommend the use of he services of the water
district on a trail basis, seconded by Councilman Chermak,
carried and so ordered.
PLANNING COMMISSION MATTERS
Minutes of January 10, 1971. Mayor, with Council concur-
rence, directed that the excessive long street names be
curtailed and that this matter be brought to the attention
of the -Planning Commission.
UNFINISHED BUSINESS
1.. Legal counsel read by title only, the second reading of
proposed Ordinance No. 173 re: adopting by reference the
Orange County's Ordinance numbers 2385 and 2417. Council-
man Bathgate offered Ordinance No. 173 for adoption. Roll
call was taken. AYES: Councilmen Bathgate, Chermak,
Gammell, Thorpe and Forster. NOES: None. ABSENT: None.
2. Proposed demolition of building on Lot 60 of Tract 5974
was carried over on the agenda for the next regular meeting
of Council.
COUNCIL REPORTS
Councilman Gammell
1. Reported Westport signs are stored on city property. Staff
informed Council the developer has already been contacted
to remove said signs.
2. Mayor questioned Westport's occupancy of the round house,
the outside telephone extension and liability by the City.
Referred to the City Administrator's office to remind the
developer that the City is looking at the possibility of
other uses for the building.
Councilman Thorpe
1. Reported he had been contacted by various people re: low
cost housing. More information on this will be forthcoming.
2. Made comment to the members of the Council as well as the
audience that $10 memberships are available for the Marine
Studies Institute for Dana Point Harbor. Anyone wishing
for more information on this may contact Council�an
Thorpe.
Mayor Forster
1. Reported the hearing on the rate increase by San Diego
Gas and Electric Company with the Public Utilities
Commission has been continued until March 3, 1971.
2. Suggested a light at the intersection of Del Obispo and
the City Hall turnoff. Director of Public Works informed
the Council the light has already been ordered.
3. Offered Resolution No. 71-1-25-4 commending Bob Haupert
for his athletic achievement. Roll Call was taken.
JAN251971
41
January 25 1971 City Council Minutes (Continued)
AYES: Councilmen Forster, Bathgate, Chermak, Gammell
and Thorpe. NOES: None. ABSENT: None.
ADJOURNMENT
The meeting adjourned at 9:32 P.M. to an Executive Session.
Meeting reconvened at 10:45 P.M. and adjourned at 10:46 P.M.
Respectfully submitted,
*RoertXK.jJohns
Acting C ty Clerk
,JAN 251971