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72-0522_CC_Minutes_Regular Meeting181 May 22, 1972 REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO The regular meeting of the City Council was called to order at 7:00 p.m. by Mayor James F. Thorpe. The pledge of allegiance was recited. Invocation was given by Reverend William Davenport of Capistrano Valley Baptist Church. Roll Call: Councilmen Present: Roy L. Byrnes, Edward S. Chermak, Josh Gammell, James K. Weathers and James F. Thorpe. Councilmen Absent: None The following correction was made to the minutes of May 8, 1972. Page 4 - Line 8 of Parks and Recreation Commission Matters, change the word "directed" to "authorized." The minutes were then approved as corrected. It was moved by Councilman Gammell, seconded by Councilman Byrnes, that all ordinances and resolutions for this meeting be read by title only. Unanimously carried. CONSENT CALENDAR MATTERS Moved by Councilman Weathers, seconded by Councilman Byrnes, to approve the following Consent Calendar item. Motion unanimously carried. 1. Request of National Cystic Fibrosis Research Foundation - Solicitation for funds in San Juan Capistrano - August 15 - September 15, 1972. BIDS. CONTRACTS, AGREEMENTS 1. Director of Public Works presented Council with a proposed Agreement for Engineering Services. Moved by Councilman Byrnes, seconded by Councilman Gammell, the City adopt a resolution approving the Agreement for Engineering Services with Woodside/Kubota and Associates, Inc. for engineering services on 1911 Act proceedings involving various City streets. Resolution No. 72-5-22-1 passed, approved and adopted by unanimous vote. Mayor and City Clerk directed to execute agreement. 2. Transfer of TOPICS Funds. City Engineer submitted a memorandum to Council explaining how the City is eligible to receive TOPICS Funds, and necessity for the City to declare how the money is to be used. It was recommended Orange County Road Department take the funds due the City for 1971-72 ($3,681) in exchange for an equal amount of funds which will have less restrictions on use. Motion by Councilman Gammell, secon- ded by Councilman Byrnes, to adopt resolution approving agreement. Resolution No. 72-5-22-2 passed, approved and adopted by unanimous vote. Mayor and City Clerk directed to execute agreement with County. MAY 2 21972 �82 3. Proposed lease agreement on "Mini Park." Mrs, Natalie T. Mitchell, one of the owners of the subject property requested that City lease the property which is now being used as a Mini Park, (Parcels 124-60-16 and 124-60-18) for $1.00 a year, with a 30 -day notice of cancellation. Mayor Thorpe referred this matter to the Parks and Recreation Commission for study and recommendation to Council. Councilman Ghermak asked that Parks & Recreation Com- mission also check possible liability to City, ORDINANCES, RESOLUTIONS 1. Acceptance of Del Obispo Road Improvement Project #540. City Engineer reported John B. Ewles, Inc, has completed all of the work on above referenced project according to the plans and specifi- cations as of May 18, 1972. Councilman Weathers moved to adopt a resolution approving Change Order #2 in the amount of $6,196.46 and accept AHFP Project #540 as complete as of May 18, 1972. Resolution to include authorization for a Notice of Completion to be filed and payment to John B. Ewles, Inc, for the amount due in accordance with the final quantities ($256,684.14 including Change Orders), Seconded by Councilman Chermak and unanimously carried. Resolution No, 72-5-22-3 passed, approved and adopted. 2, Councilman Byrnes moved to adopt a resolution commending Postmaster Grace Belardes for her outstanding work for San Juan Capistrano. Motion seconded by Councilman Gammell. Resolution No. 72-5-22-4 passed, approved and adopte.d_by unanimous vote, C0IvMUNICATIONS (Written) 1. Request from American Legion Post No. 721 for second fire- works stand. Councilman Byrnes moved to permit the American Legion Post 721 to operate a second stand at the corner of Del Obispo and Camino Capistrano under the same terms and conditions as previously approved on Ortega Highway. Motion Seconded by Councilman Weathers and unanimously carried. ADMINISTRATIVE 1. Exoneration of Bonds - Nos, 565692, 565694, 565695 - Tract No. 6121 (Casitas Capistrano) The Director of Public Works reported public improvements were completed some time ago. A search of the records of the City Clerk's office indicates only the street light bond was exonerated on September 30, 1968. Councilman Chermak moved to exonerate Bond No. 565692, 565694 and 565695 (Tract No. 6121) effective September 30, 1968. Seconded by Councilman Gammell and unanimously carried. 2, City Clerk reported he had received petitions protesting the adoption of Ordinance No. 193 establishing a Department of Public Safety. City Attorney advised Council it has two alternatives; the ordinance can be rescinded or the matter can be put to a public.vote. City Attorney also described necessary procedures City Clerk and Council must follow. This item to be on next agenda for Council action. 3, City Manager stated he had received a request from the San Juan Capistrano City Employees Association asking for formal recognition, MAY 2 21972 -2- MUM PARKS & RECREATION COMMISSION MATTERS 1. Dennis Paquin addressed the Council and asked about procedures for establishing bike trails for Del Obispo. Staff was asked by Council to consult with the Parks & Recreation Commission on these bike trails and prepare a presentation to Council for the next meeting. 2. Mr. Paquin requested a special meeting with Council for dis- cussion of future park development in the City. Council determined to discuss this topic during forthcoming budget studies. COMMITTEE REPORTS Sub Committee on Impact of Development - Councilman Gammell reported Committee had met and suggested one of the topics which should be looked into is the effect of rezoning specific areas of the City. Also should determine what impact a particular tract would have on the City. Possible number of persons on Committee should be seven or nine. At request of Director of Planning, Councilman Gammell to see if a combined presentation, with recommendations from Planning Com- mission, could be made to Council on this topic. Swimming Pool Committee - Mayor Thorpe reported the next meeting of the School District Committee is to be May 23. Growth Committee - Mayor Thorpe to meet with Mr. Wimer from the school district on afternoon of May 23 since he will be unable to attend Growth Committee meeting evening of May 25. STAFF REPORTS City Attorney - James Okazaki Presented Council with report on Conference of City Attorneys - League of Cities. Some items of significant importance were new legislation in the field of planning and zoning and in the licensing of business. City Treasurer - Alice Ross Monthly report of fund balances, receipts and disbursements sub- mitted to Council. City Engineer - Jack Kubota 1. Tract 7182 - Westport - Request for acceptance of public improvements. Before accepting these improvements, Council asked City Engineer what arrangements could be made to insure that Westport will do necessary rough grading work on park site located in this tract. Chairman of Parks & Recreation Commission said that according to revised agreement entered into with Westport, City is to improve the park site and Westport is to maintain it. Westport to do necessary rough grading. 2. Tract 7183 - Westport - Moved by Councilman Weathers to accept improvements on Tract 7183, subject to final action of the Board of Directors of the Water District with respect to offsite water system improvements. Motion seconded by Councilman Byrnes and unanimously carried. MAY 2 21972 -3- 4 3. Tract 7671 - South Coast Development Company - Request for conditional approval. City Engineer reported revised tentative tract map was conditionally approved at Planning Commission meeting of May 16. Before conditional approval, final determination on vacation of a portion of Rancho Viejo Road was necessary. Councilman Gammell moved to adopt a resolution vacating a portion of Rancho Viejo Road (Marguerite Parkway). Motion seconded by Councilman Byrnes. Resolution No. 72-5-22-1c passed, approved and adopted by unanimous vote. Councilman Byrnes moved to conditionally approve Tentative Tract Map 7671. Motion seconded by Councilman Weathers and unanimously carried. 4. Project No. 7139 - Traffic Signals Project - Photos of various alternate designs submitted to Council. City Engineer to check safety aspect of alternate designs and be sure design conforms with state standards. Councilman Gammell presented color sketches of several signal designs. Referred to Engineering staff for evaluation. Director of Finance, Director of Planning and Director of Public Safety submitted monthly activity reports. No action taken. Director of Public Works - T. J. Meadows 1. Mutual Aid Agreement - No action taken. 2, Freeway Landscaping Contract Award presented to Council as informational item. 3. Adoption of Official Waste Receptacles for Public Property Within the City. Councilman Chermak moved to expend necessary funds to purchase two Litter King Model L-16 receptacles with N-19 wood covers for trial use. Motion seconded by Councilman Byrnes and unani- mously carried. 4. Councilman Byrnes asked about watering trees at Long Park. Director of Public Works stated diseased trees are to be removed and weeds disced. Remainder of good trees could be watered if agreement with Casas Homeowners is adopted. 5. Councilman Weathers asked about rough gravel type finish on streets. Director of Public Works told Council this was the first year chip seal was used and he felt this material will have a longer life than slurry seal. 6. Councilman Gammell said he had received a complaint on chip seal work on Calle Luca.na. City Engineer told Council he would check this location again. WARRANTS 1. Moved by Councilman Byrnes, seconded by Councilman Chermak, that warrant numbers 7274 through 7307 in the total amount of $157,426.90 be approved. Motion carried unanimously. COUNCIL REMARKS 1. Discussion on joint meeting with committees and commissions. No action taken at this time. 2. Further Council discussion on coastal legislation. No action taken. _4_ MAY 2 21972. Councilman Gammell 1. Asked about night time loading on spur tract on Avenida Cerveza and the noise created by it. Staff to check requirements on loading procedures and times. Councilman Weathers 1. AT&SF Railroad Depot - Would like to have staff look into possible acquisition of depot as landmark. City Attorney to check the law in regard to legal action which might be taken. Councilman Byrnes made a motion to request Historical Society to compile an inventory of other sites they feel have priority as historically significant. Motion seconded by Councilman Weathers and unanimously carried. Councilman Chermak 1. Asked that type of structures used for produce stands in City be investigated. 2. Remarked about semi trailer unloading trash on Camino Capistrano. 3. Commented that contractors doing work for City were using non- professional labor to do work of skilled workers. Future contracts should insure what type of labor is to be used for professional work. 4. Reported plumbing contractors doing work in the City were using water from private property owners without permission of owner. Staff to investigate for requirements to insure water being available at all construction sites. Councilman Byrnes 1. Would like to see a better method of identifying City's long range goals which Council should accomplish. This matter to be dis- cussed at a later work session meeting after framework for meeting has been set up. Councilman Thorpe 1. Reported Cliff Miller of LAFC would like to have suggestions on selection of new public member for LAFC. It was consensus of Council that Stan Northrup be suggested as San Juan Capistrano's choice. 2. Mayor will be attending League meeting on Thursday, May 25. Meeting adjourned at 9:03 to a personnel session. Council reconvened at 9:59 P.M. 1. On a motion by Councilman Byrnes, seconded by Councilman Weathers, Jim Barg, Carol Heim, George Riley, August Rudel and Roland Olsen were appointed to the Architectural Board of Review by a unanimous vote. 2. Mayor Thorpe appointed Councilman Gammell and Councilman Weathers as a committee to review and recommend on applications for position of City Clerk. Committee to select a third person to participate in the review. 3. Mayor Thorpe directed that commencing with this Council meeting Council minutes reflect action items only with all narrative material deleted. Meeting adjourned at 10:02 P.M. UILY -5 MAY 2 21972