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69-0414_CC_Minutes_Regular MeetingMinutes of the Meeting of the City Council of San Juan Capistrano APRIL 14, 1969 The regular meeting of the City Council was called to order at 7:03 P.M. by Mayor Edward S. Chermak. The pledge of allegiance was recited. Invocation was given by City Administrator, Ernest A. Thompson. The City Clerk called the roll. Councilmen present: William A. Bathgate, Don Durnford, Thomas A. (Tony) Forster, Antonio M. (Tony) Olivares and Edward S. Chermak. Councilmen absent: None. The minutes of the regular meeting of March 24, 1969 were approved as presented. WRITTEN COMMUNICATIONS (a) Notice of Public Hearing by Local Agency Formation Commission to be held April 23, 1.969 on the proposed dissolution of the Orange County Harbor District was received. (b) A letter from the Local Agency Formation Commission setting forth the filing and hearing schedule for the remainder of the year 1969 was received and filed. (c) A letter of request fromthe Orange Councy Fireman's Association for proclaiming Orange County Fireman's Day on June 14, 1969. Mayor Chermak so proclaimed. (d) A letter request from the National Multiple Sclerosis Society requesting the proclamation of MS Month from May 11th through June 15th. Proclaimed by the Mayor. (e) Letter from the San Juan Capistrano Branch Library requesting the proclamation of National Library Week of April 201h through April 261h, 1969. The Mayor so proclaimed. (f) The Community Presbyterian Church submitted a letter of re- quest for an extension of time for conditional use and occupancy certificate in connection with Land Use Permit 65-117. On motion of Councilman Bathgate, duly seconded by Councilman Durnford, the request was approved granting a six month extension of time subject to the City Engineer 4-i4-(ol submitting a questionaire to determine the status of the proposed 1911 Act that has been pending for these many months. (g) A letter from the McCanne Medical Group regarding the frontage road on the easterly side of Camino Capistrano from Avenida Las Golondrinas southerly to Avenida Padre was submitted for consideration. The City Attorney, John H. Dawson is to review extensively as to the legal avenues that may be pursued in either participating or prohibiting any participation of the City in connection with the conveyance, reconstruction and/or maintenance of this frontage road within the City. (h) Notice of the General Meeting of the Orange County League of Cities to be held Thursday, April 24, 1969 was received. Mayor Chermak instructed any Councilmen to contact the City Clerk's office with regard to their intent to be in attendance. ORAL COMMUNICATIONS Mr. Ray Wheeler, 33242 Palo Alto St., Dana Point, California was recognized for his presentation in regards to pollution. First of all, Mr. Wheeler addressed the Council with regards to trees, in that he had discovered, or alledged to have discovered, a champion tree located on Spring Street, adjacent to the elementary school. The type of tree is a California Pepper. Its circumference being 30feet, its height being 54 feet and having a crown spread of some 75 feet. He has registered the tree with the American Forestry Association which has no record of a similiar tree exceeding its size. Secondly, his commentary covered that regard of control over vacant buildings, their hazard, their offensiveness, and the pro- gressiveness of the City in their control. Thirdly, he approached the point of his being present, and that was of pollution. He was emphatically in opposition to the Capistrano Airport if it is to be expanded. Further, he proposed that the local government should take necessary legislative steps in order to combat what seems to be the drifting down of the smog bank from the Santa Ana metropolitan Orange County area. He posed no basic corrective format other than the legislative aspect to which the City Council should pursue some q -74t- 4 f type of control. Thereupon, the Mayor commended him and thanked him for his community i.nterest and concern for the Capi.strano valley. TREASURY REPORT A statement of cash receipts and disbursements for the month ending March 31, 1969 was submitted by the City Treasurer, Alice M. Ross. A summary statement and quarterly report of cash receipts and disbursements and fund balances was submitted by the Director of Finance, Harold L. Albert. On motion of Councilman Forster, duly seconded by Councilman Bathgate, both reports were received and filed for audit. COMMITTEE REPORTS City Hall Facility - Councilman Bathgate, Chairman of the Committee, gave a report with regard to proposals submitted for consideration of location and establishment of City Hall facilities. Five proposals were considered, two on the same area. It was the recommendation of the Committee that the old Junior High School site on Camino Capistrano be pursued as the most logical location for consideration. In view of the remainder of the Council members not having an opportunity to review the pro- posals in detail to give basis of the recommendation, a study session was requested. This study session was established to be set for Tuesday, April 22, 1969 at 7:00 P.M. The Unified School_ District Committee was also to be invited to attend. Moreover, appraisals to determine the value of the site was estimated to run from $500 to $4,000. The school stated that they would not bear the brunt of the total cost of this appraisal. Mayor Chermak questioned the availability of the school in that it had been programmed for providing temporary facilities for the ensueing school year. UNFINISHED BUSINESS (a) Proposed acquisition of Lot 60, Tract 5974 (Kolbet) for park purposes was reported by the City Administrator. Contact had been made with Mr. Mike Koll to the degree of clarification of the encumbrance on the Lot, the credit to be due and the method to which acquisition could be pursued. Some $47,000 is outstanding on the parcel and an amount of $17,780 is to be credited to Kolbet, in view of their potential development of the remaining 57 plus acres 4-IL4-69 89 of land. This includes some 50 acres to be developed in R-1 improvement and the remainder to be in commercial. Some discussion as to the contingent condition of credit for the $17,780 evolved and the Mayor appointed a committee; Councilman Don Durnford and Director of q -I`/-67 Finance, Harold Albert and the City Administrator to re- view and clarify this stipulation. (b) Law Enfor:,ement Agreement Proposal - The cost analysis based upon prior years service would be the basis for establishment of cost for the ensuing fiscal year and then billing would be based upon an equal quarterly amount. of that calculation. This basis provides for a tangible figure for insertion in the budget of the City. (c) Acceptance of Offer to Convey Easement and Agreement of Guarantees, from Billy G. Silzle - In accordance with pro- visions of the Land Use ordinance, an offer to convey easement was submitted along with an agreement guaranteeing certain street improvements by the applicant. Councilman Bathgate offered a resolution to accept and record said offer and agreement. Resolution was carried by unanimous vote. Grant Deed for the Conveyance of Additional Right -Of -Way along Juni-pero Serra Road and Camino Capistrano (Buchheim). Councilman Durnford offered resolution to accept and re- cord said documnt for the conveyance of the additional ri.ght-of-way for Juni_pero Serra Road and Camino Capistrano from Carl E. Buchheim and Ruth E. Buchheim. Resolution was accepted and passed by unanimous vote. (e) Oyharzabal Property - Assessment District 66-1 - City Attorney proposed to recommend settlement in a fair and equitable amount of $2,150. On motion of Councilman Bathgate, duly seconded by Councilman Durnford, the motion passed with a 4 to 1 vote. Councilman Forster voting No. NEW BUSINESS (a) A proposed resolution declaring Orange County an "Operational Area" in connection with Civil Defense organization was q -I`/-67 (b) offered by Councilman Bathgate and passed by a 4 to 1. vote. The resolution was accepted Authorization for the Mayor and the City Clerk to execute on behalf: of the City of San Juan Capistrano, the assurance of compliance with the Department of Defense and Office of Civil Defense Regulations, was submitted, with Councilman Bathgate offering the motion, duly seconded by Councilman Durnford and so ordered. (c) Director of Civil Defense request for authorization to sign for and procure excess properties was submitted for considera- tion. Councilman Durnford offered the resolution for acceptance and passage. Resolution carried by a 4 to 1 vote, Councilman Olivares voting No. (d) The proposed resolution regarding the annual Weed Abatement Program was submitted. Discussion was entered into with re- gard to the City Attorney drafting an appropriate ordinance to provide for continuous weed abatement programming. Matter deferred until City Attorney can submit a draft of said ordinance by next meeting. (e) Radio Communication - Director of Finance, Harold L. Albert had submitted together, with the Council packet, a report from Motorola with regard to providing equipment and facilities to promote radio communication for the City of San Juan Capistrano. After much discussion, Councilman Bathgate moved to pursue the lease purchase plan. Motion was seconded by Councilman Durn- ford and motion carried !�y a 3 to 2 vote. Councilman Forster and Councilman Olivares voting No. (f) Owens-Illinois Railroad Spur Study Committee - Mayor Chermak made the following appointment, Morris Misben, Jack Kubota, Art Lavagnino to serve as a committee to study the proposal of Owens-Illinois for the establishment of a railroad spur line in the San Juan Creek area. Said committee is to make appointment of Chairmand among the members. Mr. Mike Mars and Bud Blair of Owens-Illinois are to be advisory members along with John Lacouague and a representative of the Orange County Flood Control also being advisory members. 4-)4 -0 91 RECOMMENDATIONS AND REPORTS City Administrator, Ernest A. Thompson (a) Assembly Bill #330 regarding annexations as posed in the state legislature whereby protests or endorsements based upon private and public lands could be entered. The context posed that a majority of either private or public lands, irrespective of assessed values could protest and therefore defeat any annexations. (b) California Disaster Communication with regards to be conditions by which public improvements are to be replaced. (c) Board of Supervisors Agenda regarding San Juan Capistrano Airport proposed lease. This was scheduled as an item on their regular agenda, April 8, 1969. City Attorney, John Dawson Received from the Attorney General's Office a draft of the proposed litigation with regards to price fixing of asphaltic materials being purchased by the various governmental agencies. Requested that the City Council authorize entering and being a participant in the proposed litigation. Councilman Bathgate offered a resolution authorizing the City Attorney, on behalf of the City of San Juan Capistrano, to allow the Attorney General to propose the litigation in behalf of the City. Resolution was passed and adopted by a 4 to 1 vote. Director of Public Works, T. J. Meadows (a) Statement from Cappello & Sons in the amount of $28,670 was submitted. On motion of Councilman Forster, duly seconded by Councilman Bathgate, the bill was authorized to be paid, less 10%, subject to material and labor releases. (b) Barnett & Thomas submitted a statement for payment on Darmi_ Interceptor Sewer Unit Il. He recommended a payment of $14,227, less 10%, which equalled a recommendation of $12,804.81. On motion of Councilman Bathgate, duly seconded by Councilman Durnford, approval was granted for the payment of said bill in the amount of $12,804.81. So ordered. (c) Communication from the Department of Interior regarding the qualification of the City in connection with PL660 Grant Application, to the extent that $28,350, which constitutes 33% of the contract price will be forthcoming. 92 (d) Disaster Fund PL 81-875 monies. The advance of monies should be received within 6 to 7 weeks. (e) Industrial Tract - Lot 1, Peralco - Recommendation in the amount of $1,600 was submitted by the Director of Public Works for sewer connection fees. Lot 12, Rayne Soft Water submitted a recommendation of $800 to be the sewer connection fee. Lot 13, Buric, Inc. in the amount of $800 to be the sewer connection fee. On motion of Councilman Bathgate, duly seconded by Councilman Durnford, the recommendations of the Director of Public Works are to be upheld. Motion passed by unanimous vote. (f) Griffith Company - Contractor on INterstate 5 is hauling inert material into old sewer treatment plant and providing a D9 Caterpillar Tractor to place material into pond. (g) Conference attendance - The Director of Public Works re- quested to attend the California Water Pollution Conference at Anaheim and the American Water Works Association Conference in San Diego. On motion of Councilman Bathgate, duly seconded by Councilman Durnford, the request for attendance for the two conferences was approved with the necessary expenses to be paid. The motion passed by unanimous vote. (h) Oso crossing has been provided for in temporary nature only. (i.) Drainage at the Casas has been investigated, corrected and subsequently obstructed again by pipeline construction installing conduit for Pacific Telephone Company. (j) Permanent barricades have been installed on either side of Trabuco Bridge on Camino Capistrano designating, "bridge out" and "road closed." (k) Request authorization to provide specifications and bid proposals for the following: 1. All streets and a11gy within the Stoffel Tract. 2. Signali_zati_on at Camino Capistano and Ortega Highway, to install conduit only. 3. Resurfacing of Camino Capistrano from Forster Street to Mission Street, cap coat of 2 inches. 4. Widening of Camino Capistrano at Avenida Aeropuerta. 5. Camino Capistrano Bridge at San Juan Creek - removal of railing at an estimated cost between $5,000 and $10,000. 6. Design, advertise and construct corporation building at old sewage plant treatment site. Estimated cost, $30,000. X1-1%4 -69 93 After much discussion, Mayor Chermak offered a motion, duly seconded by Councilman Forster to approve the first five items of request for authorization. The matter was carried by unanimous vote and so ordered. City Engineer, Jack Kubota (a) Reported the bridge at Del Obispo and Camino del Avion had been removed. Reconstruction and repaving and re- surfacing of Del Obispo is forthcoming. (b) Camino Capistrano is paved adjacent to the Stewart Clark Mobilhome Park. (c) Had contact with San Diego freeway contractor, Griffith Company, with regard to contingencies to still be ful- filled. (d) Plan checked Tract 6365, the industrial tract, for public improvements. (e) Had contact with the Auto Club of Southern California with regard to location and construction of an area office to be located at the southeeasterly corner of Camino Capistrano and Yorba Street. (f) Pacific Telephone Company proposes a switching station across from the Marco Forster Junior High School on the south side of Camino del Avion on the Buddy Forster property. (g) Had conference with Owens-Illinois with regard to railroad spur alignment and design criteria. (h) Will draft a proposed questionaire with regard to the 1911 Act to provide for interim street improvements along Del Obispo as it involves the Ba,tist Church and the Presbyterian Church. Councilman Bathgate Questioned the integrity of a three lot division of land adjacent to Aguacate Road. Councilman Durnford Reported his attendance at the Board of Supervisors Meeting with regard to the Capistrano Airport lease proposal in that provision was for a $1,000 a year or 17% of the airport operation to be paid. Councilman Forster (a) Inquired as to gun control ordinance in the county as o •E-l�t-6 4 94 how it affected the City. The City Attorney to research and report at the next regular meeting. (b) Flood Control finance resolution had not been received at his latest inquiry. (c) The Cease and Desist Order to be submitted to Vanson Trailers had not been processed to his knowledge. (d) A phantom communication with regard to staff reports had been received by him. Mayor Chermak (a) Had attended the opening game of the American League in which the other cities had in representation by a queen. th He stated the point of embarrassment in the lack that the City of San. Juan Capistrano did not have a queen in attendance. (b) Questioned the control of signs as provided by City ordinance. There should be some clarification as to height limitations. The City Attorney to review and report. There being no further business, the meeting adjourned at 10:32 P.M. E2knest A. Thompson City Clerk -Administrator These are the official proceedings of the City Council of San Juan Capistrano at their regular meeting held April 14, 1969. W_Iq-109