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71-1122_CC_Minutes_Regular Meeting107 November 22, 1971 REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO The regular meeting of the City Council was called to order at 7:08 PM by Mayor Forster. The pledge of allegiance was recited. Invocation was given by Mr. T. J. Meadows. The Deputy City Clerk called the roll. Councilmen present: Edward S. Chermak, Josh Gammell, James F. Thorpe and Thomas A. Forster. Absent: William A. Bathgate (excused) The minutes of the regular meeting of November 8 and the adjourned regular meeting of November 15, 1971 were approved as presented to Council. Councilman Chermak, seconded by Councilman Gammell, moved that all resolutions and ordinances for this meeting be read by title only. Carried unanimously. CONSENT CALENDAR MATTERS A proposed list of charitable organizations to be approved for fund solicitations was presented for Council review. Several community organizations were then added to the list. Mayor Forster suggested that if any new agency is to be added it should be brought before Council for approval, as in the past. It was also suggested that a record be kept of all fund drives during a given year for presentation to Council at the end of said year. The request from the Camp Fire Girls for permission to conduct a sale of candy from January 20 through February 7, 1972 was then granted by motion of Councilman Thorpe to approve Consent Calendar. Motion seconded by Councilman Chermak and carried by unanimous vote. PUBLIC HEARING A request was received from South Coast Development Corporation for a public hearing on the precise alignment of Trabuco Creek Road. Upon recommendation of City Manager, Councilman Thorpe moved that public hearing date be set for December 13, 1971. Motion was seconded by Councilman Gammell and carried unanimously. So ordered. BIDS, CONTRACTS, AGREEMENTS Del Obispo Street Improvement Project - AHFP Project No. 540 - Staff recommended that a contract be awarded to John B. Ewles Inc. under bid Alternate "B" for a total contract price of $214,048.39, subject to the certification by the City Engineer of the acquisition of all right- of-way for the project. Councilman Thorpe, seconded by Councilman Chermak, moved to offer Resolution No. 71-11-22-1 awarding said contract. Passed, approved and adopted by unanimous vote. City Engineer briefly discussed plans for a potential bicycle trail, an 8 foot treated shoulder, which is a portion of the street improvement. ORDINANCES, RESOLUTIONS, PROCLAMATIONS 1. City Attorney rendered second reading by title only of pro- posed Ordinance No. 185, amending the Precise Zoning Map and rezoning approximately 210 acres of land to E-1 and R-1 (RZ 71-104 - Davis), to be designated as Amendment No. 21. Councilman Chermak moved that ordin- ance be offered for adoption. Motion seconded by Mayor Forster and so carried. ///z z/z/ Ordinance No. 185 passed, approved and adopted by the following vote: Ayes: Chermak, Thorpe and Forster. Noes: Gammell Absent: Bathgate 2. Councilman Chermak moved to offer resolution forbidding smoking in the City Council Chambers. Seconded by Councilman Thorpe and carried. Resolution No. 71-11-22-2 passed, approved and adopted by the following roll call vote: Ayes: Chermak, Gammell and Thorpe Noes: None Abstain: Forster Absent: Bathgate COMMUNICATIONS (WRITTEN) 1. A request was received from Edward E. Just, Chairman of the City Selection Committee, League of California Cities, Orange County Chapter, for the City's share of legal and secretarial fees in the legal dispute over representatives to the Local Agency Formation Commission. Fees amount to $768.70 for each city that participated in the action. Council concurred that the matter should be reviewed and asked that City Manager obtain a breakdown of charges. Item to be placed on list of demands for possible approval at the next regular meeting. 2. San Juan Capistrano Chamber of Commerce formally requested that city crews install Christmas decorations along Camino Capistrano and Ortega Highway. Councilman Chermak recommended denial of request and so moved. Seconded by Councilman Gammell and carried unanimously. ADMINISTRATIVE 1. Preliminary report on 1911 Act Petition, Improvement for Valle Road from San Juan Creek Road southerly to the Serra on-ramp. City Engineer recommended that the City Attorney prepare a formal 1911 Act petition fully executed by the proponents, following which Council can authorize commencement of proceedings and engineering plans and specifi- cations. Councilman Thorpe moved to direct staff to continue preparing details of this item for answer to proponents. Motion seconded by Councilman Chermak and carried unanimously. City Attorney to prepare 1911 Act petition before the appointment of legal counsel and engineer of work. 2. Letter received from Standard Oil Company of California re- questing opinion on the question of vested right to establish a service station in the C -1-H zone, southwest corner of Camino Capistrano and Del Obispo. City Attorney's Opinion stated that he believes Standard Oil, as successor in interest to Gulf, has rights which were vested at the time improvements were made in reliance upon existing zoning. Mr. Gerald Buck of Standard Oil appeared before Council stating for the record that they would not develop a service station at said site unless an entire shopping center is developed concurrently, and that they were fully prepared to build a Spanish style station. City Attorney was directed to further review the matter for report at the next regular meeting. 3. City Engineer verbally reported on the implications of the National Flood Insurance Act of 1968 for the City of San Juan Capis- trano. He explained that this would require flood plain zoning, and that if the City wished to pursue the matter it should be brought before the Planning Commission. Mayor directed staff to file information, -2- A9 and invite a government representative to some future meeting to more fully explain the program. 4. City Manager requested Council authorization to use the services of Martin & Chapman Company for the upcoming election in April 1972. Councilman Chermak moved for adoption of resolution authorizing said services. Seconded by Mayor Forster. Resolution No. 71-11-22-3 passed, approved and adopted by unanimous vote. 5. Mr. Ken Teel, President of Crestlite Aggregate Company, appeared before Council requesting special or temporary relief from zoning restrictions preventing installation and use of a new conveyor mechanism in lieu of the old Santa Fe loadout dump device previously used for loading aggregate into rail cars. He stated he must fulfill commitments or face an expensive law suit, and asked for permission to use the new equipment for a period of at least six months. Mr. Stubbs, Regional Sales Manager of the Santa Fe Railroad Company, urged Council to grant use of this new facility and stated that the railroad company would like to remove the old ramp as it is a hazard for truck operations. After lengthy discussion, Councilman Thorpe moved to permit use of the new equipment pending final Council decision at the December 27th meeting, and that staff negotiate with Crestlite and the railroad for an agreement to terminate their non -conforming uses in the C -1-H District. Mayor Forster seconded the motion and it carried by unanimous vote. PLANNING COMMISSION MATTERS 1. Resolution received from Planning Commission approving Tenta- tive Tract No. 7626 (Edco) subject to 19 conditions. Director of Planning made presentation and asked Council approval of Condition 8-b, that consideration be given to reduction of improvements for La Novia to a half street. Councilman Thorpe moved to approve Tentative Tract and reduce requirements to one-half section of La Novia. Seconded by Councilman Gammell and carried unanimously. RECESS The Mayor declared a five minute recess. The meeting reconvened at 10:12 PM. 2. Resolution of the Planning Commission approving auto parts stores in the C -1-H District. Council concurred. PARKS AND RECREATION COMMISSION MATTERS 1. Phillip Schwartze, Secretary of the Parks and Recreation Commission, presented proposed specifications for consultant proposals on the master planning of Four Oaks and Bonito Parks for Council review. Councilman Thorpe moved for approval of release to various landscape architects, subject to review by City Attorney. Seconded by Councilman Chermak and carried unanimously. 2. Mr. Schwartze presented schematic plan of Serra Park in the Westport Development. After review of alternate development plans and specifications for the above, Councilman Thorpe moved items be referred back to Westport for their review and consideration. Seconded by Mayor Forster and carried unanimously. Council will reserve the right to award contract. 3. Proposed master plan of bicycle and equestrian trails was submitted for Council perusal, with the recommendation that the matter -3- it/i 3-/7/ o be referred to the Planning Commission. Councilman Gammell so moved. Seconded by Councilman Chermak and carried unanimously. STAFF REPORTS 1. The Treasurer's Report of Bank and Fund Balances, October 31, 1971, was presented by Mrs. Ross, City Treasurer. 2. Written report on Status of Current Litigation submitted from City Attorney, James Okazaki. 3. Summary report of the activities of the City Engineer's office received. Mr. Kubota also reported as follows: a. City Attorney has reviewed cooperative agreement with regard to the City's share of $82,000 for Las Ramblas interchange and found it to be a bona -fide billing from the State Division of Highways. b. Is in receipt of four right-of-way documents executed by Mr. & Mrs. Russell Cook, parcels 12, 12a, 4 and 10. Council- man Chermak moved for acceptance and recordation. Motion seconded by Councilman Gammell and carried by unanimous vote. 4. Finance Departmental Monthly Activities Report submitted by Director of Finance. Mr. Lew also reported that staff had met with Division of Highway officials and were given an additional period of 60 days in which to submit payment of $82,000 as City's share of the Las Ramblas Interchange. 5. Monthly Activities Report received from Director of Planning. 6. Public Works Activities Report submitted from Director of Public Works. Attached was letter addressed to Mr. Hashimoto, State Division of Highways, with regard to a program of future improvements to the Ortega Highway. Mr. Hashimoto has pledged his cooperation to help solve this vital problem. Mr. Meadows also reported problem in the land outfall portion of the plant expansion, involving special appraisal of State Parks and Beaches property. Meeting scheduled November 23rd to resolve. WARRANTS The list of demands was presented from the Finance Director. Councilman Gammell moved that warrant numbers 6665 through 6706, in- clusive, for a total amount of $61,381.65 be approved for payment. Motion seconded by Councilman Chermak, carried unanimously and was so ordered. COUNCIL REMARKS Councilman Thorpe Asked about legal ruling on Civic Center Fund. Councilman Chermak Stated HUD is trying to impose electrical code changes on the City of Los Angeles and asked that resolution supporting Los Angeles in its efforts to maintain local control of the administration of local building codes be adopted by Council. Councilman Chermak so moved. Seconded by Mayor Forster. Resolution No. 71-11-22-4 passed, approved and adopted by unanimous vote. Mayor Forster - Has reviewed Capital Improvement Committee appli- cations and is pleased with applicants' talents. ADJOURNMENT - The meeting adjourned at 11:17 PM. Leontine Vallavanti -4- Deputy City Clerk /J/t+ /-7l