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69-1013_CC_Minutes_Regular MeetingOCTOBER 131h, 1969 MINUTES OF THE MEETING OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO The regular meeting of the City Council was called to order by Mayor Edward S. Chermak at 7:00 P.M. The pledge of allegiance was recited. Invocation was given by the City Administrator, Ernest A. Thompson. The City Clerk called the roll. Councilmen present: William A. Bathgate, Thomas A. (Tony) Forster, Antonio M. (Tony) Olivares and Edward S. Chermak. Councilman Don Durnford was absent. There was a correction to the minutes of. September 22, 1969. Under Staff Reports - Director of Public Works, Item (b) - add the underscored - Resolution No. 69-9-22-1 was introduced by Councilman Forster for the City to act as agent for property owners in con- nection with the pavement of the 30 foot parking reservations shown on Tract 1269 and 1388 and to have a copy of this resolution along with a cover letter, sent to these property owners. Item (d) - Mayor will appoint an advisory committee which could become a Parks and Recreation Committee. Under Committee Reports - add the following sentence - Councilman Forster also stated he would like the record to reflect, that in the opinion of the City Attorney, there is no conflict of interest in retaining Mr. Lavagnino as the architect for the City Hall facility. Under Planning Commission Matters, add, City Attorney offered legal opinion re: the effective date for commencement of appeal period is the ate that the Planning Commission conditions a permit. Under New Business, Item (c) - Mr. Douglas Walton addressed the Council and questioned what percentage of the adults in the mobilehome parks have a voice in voting for or against any school issues or school bonds. The minutes of the regular meeting of September 22nd, 1969 were then approved as corrected. The minutes of the Special Meeting of October 1, 1969, were approved as pres-nted. TAFF REPORTS City Administrator - Ernest A. Thompson (a) Reported on four items of interest on the Board of Supervisors Agenda - item #29 re: proposed negotiation of joint powers /O-/3-69 174 agreement- Trabuco Creek Flood repair; item #30 re: proposed permit for stream measuring station, San Juan Creek Channel; item #31 re: proposed agreement on water facilities for Tract 6365 Waterworks District No. 4, Capistrano Airport and Industrial Park, Ltd.; and item #55 re: offer to purchase certain Flood Control District property, Capistrano Airport and Industrial Park, Ltd. (b) A family has moved into the city park facility in the capacity _ of a caretaker. Mr. John Woodward has been employed as a handyman to replace doors and repair screens. (c) Two proposals have been received with regards to interest in the park site - this will be discussed later in the agenda. Citv Attornev - John Dawson Read two resolutions in their entirety relating to smog and the suit brought against the automobile industry regarding violat_1on of the Sherman Anti-trust Act. Cou:+tciman Forster offered Resolution No. 69-1.0-13-1 relating to the City Council of the City of San Juan Capistrano recognizing the increasing encroachment of smog into San Juan Capistrano and urging legislative action at all levels to solve the problem of air pollution. Roll call was taken - AYES: Councilmen: Forster, Bathgate, Olivares and Chermak. NOES: None. ABSENT: Council- man Durnford. Resolution No. 69-10-13-2 was offered by Councilman Bathgate, urging the Justice Department to set aside its consent decree in the automobile manufacturers and anti-trust action so that full public trial may proceed on the anti -smog matter. Roll call was taken - AYES: Councilmen: Bathgate, Forster, Olivares and Chermak. NOES: None. ABSENT: Councilman Durnford. Finance Director - Paul P. Lew Submitted written memo to the Council re: the increase in Blue Cross Insurance rates due to the high cost of living. Director of Public Works - T. J. Meadows (a) Toups Engineering (Design Engineers for Orange County Water- works District project at Well #5) have contacted him regarding permission to discharge 400 gallons in a 90 minutes period, e..-ery 48 hours into the city's sewer system. Lowry Engineering /o -13-0 Council and stated this amount would fill the City's sewer main pipeline to capacity. There would also be the problem of the discharge of iron and manganese into the system as well as the additional load to the Treatment Plant. The City At- torney questioned what affect this would have on our land out- fall. Also, there was no time stipulation. Question was also raised as to why the Waterworks District No. 4 should spend this much money to put the water treatment facility in use, or why it is necessary to go this route. Mayor requested that a letter of explanation be submitted by the 0. C. Waterworks District No. 4. (b) The Trabuco temporary crossing officially opened on October 1311, and Mr. Meadows notified the school district. Councilman Bath- gate made suggestion of marking centerline for safety factor. (c) Notified by the State of California Division of Highways of their approval for entering into participation of the drop structure - $100,000 joint project. (d) Bid opening was Friday, October 10th re: The demolition of the Trabuco Bridge. Mr. Don Martinson clarified to the Coincil the extreme range of the amounts in the bids was not unusual according to some of the representatives he contacted from the State. Councilman Forster moved to have the low bid accepted, seconded by Councilman Bathgate, carried 4 to 0. Councilman Forster offered Resolution No. 69-10-13-3 to accept the low bid from Gangi Excavating Company to do the demolition work on the Trabuco Bridge for $9,800. Roll call was taken - AYES: Councilmen: Forster, Bathgate, Olivares and Chermak. NOES: None. ABSENT: Councilman Durnford. (e) Progress is going very well. on the reconstruction of the paving on our local streets by the Griffith Company. (f) Bid opening is Tuesday, October 14th for the Corps. of Engineers to do work in San Juan Creek and on the Ganado Bridge, which brings up the question of the Ross well. Discussion was made with the principle involved and council was not in accord with. the proposed agreement which had been drawn up. It was also min -,boned at this time that the Orange County Flood Control District did not agree with the City as to how the pipe should be laid in the creek bottom. The City's obligation is not to 10 -i3 -6y J was consulted and Mr. Don Martinson was recognized by the Council and stated this amount would fill the City's sewer main pipeline to capacity. There would also be the problem of the discharge of iron and manganese into the system as well as the additional load to the Treatment Plant. The City At- torney questioned what affect this would have on our land out- fall. Also, there was no time stipulation. Question was also raised as to why the Waterworks District No. 4 should spend this much money to put the water treatment facility in use, or why it is necessary to go this route. Mayor requested that a letter of explanation be submitted by the 0. C. Waterworks District No. 4. (b) The Trabuco temporary crossing officially opened on October 1311, and Mr. Meadows notified the school district. Councilman Bath- gate made suggestion of marking centerline for safety factor. (c) Notified by the State of California Division of Highways of their approval for entering into participation of the drop structure - $100,000 joint project. (d) Bid opening was Friday, October 10th re: The demolition of the Trabuco Bridge. Mr. Don Martinson clarified to the Coincil the extreme range of the amounts in the bids was not unusual according to some of the representatives he contacted from the State. Councilman Forster moved to have the low bid accepted, seconded by Councilman Bathgate, carried 4 to 0. Councilman Forster offered Resolution No. 69-10-13-3 to accept the low bid from Gangi Excavating Company to do the demolition work on the Trabuco Bridge for $9,800. Roll call was taken - AYES: Councilmen: Forster, Bathgate, Olivares and Chermak. NOES: None. ABSENT: Councilman Durnford. (e) Progress is going very well. on the reconstruction of the paving on our local streets by the Griffith Company. (f) Bid opening is Tuesday, October 14th for the Corps. of Engineers to do work in San Juan Creek and on the Ganado Bridge, which brings up the question of the Ross well. Discussion was made with the principle involved and council was not in accord with. the proposed agreement which had been drawn up. It was also min -,boned at this time that the Orange County Flood Control District did not agree with the City as to how the pipe should be laid in the creek bottom. The City's obligation is not to 10 -i3 -6y 176 the extent of paying for another well site. Annexation was brought up with regards to the possibility of the property owner joining the water district. Discussion brought out the fact that the City Engineer and the Director of Public Works will try to work in close cooperation with the demolition crew. Councilman Bathgate moved to replace the Ross waterline to a point at the embankment at a $1,000 maximum cost, or for the $1,000 maximum fee to be paid in lieu or applied to the district, seconded by Councilman Forster, carried 4 to 0. (g) ff875 Fund approval has been received and a check should be forthcoming. The Director of Public Works clarified some of the major items of request. He will now make application to the state for the balance of money needed. The joint powers agreement with the Orange County Flood Control District and the Division of Highways should reduce the original figure set for restoration of the bridge. (h) Request was made for a barricade to be put up where the paving stops, southerly of the La Golondri_na Motel. City Engineer - Jack Y. Kubota (a) Plan check - revised improvement plans for LUP 69-102 for Alipaz. (b) Tract 6969 improvement plans are being completed for approval. (c) Tract 6225 - re: street improvements - Kolbet Tract proposed new subdivision. COMMITTEE REPORTS Councilman Forster attended the school distrri.ct meetingiand had the opportunity to speak with Mr. Joe Wimer regarding the school property. Councilman Forster made preference to the athletic field's 8 acres. Possibility of disposition could be made by the school district to the City without going to public bid. WRITTEN COMMUNICATIONS (a) Letter of request from the Fiesta Association for "Adios to the Swallows" pageant signs to be posted. Councilman Forster moved, subject to the normal conditions, to grant the request, seconded by Councilman Bathgate, carried 4 to 0. Councilman Forster at this tiite commended the Fiesta Association for their interest in the youth of the community. (b) Press will. print letters of appreciation sent to the Council. (c) Letter from Birtcher Pacific. Mayor retracted statement made 10-/3-b9 177 before re: factors to be considered for the development and was shocked that the Planning Commission worked on this for over a year and the Councl-I was expected to make a decisi.oii in one meeting. Recommended the City intercede and acquire right-of-way and do the negotiating but not for the City to become financially ob1 a. 1. He believes less proble.c> ' be encountered if the easement went on th= Kinoshita and school property due to the location of the waterline and damage to the crops. Length discussion followed with quest.`:.-- r 'sed as to whether or not this would be a benefit to the Kinshita property, as well as using tax dollars for improvement districts in other areas. City Attorney clari- fied con,'.e a,�_- tion and policy of the City providing eminent domain. City would procure right of way----.sement and stand cost time, not crop damages though. Developer should stand cost of easement and city should participate on a reimbursible plan. Councilman Forster moved to have the City exercise its power of eminent domain to acquire the easement, seconded by Councilman Bathgate, carried 4 to 0. Reimbursement to be on an acreage basis to the City. The City Attorney needs accurate legal description and staff was directed to work with Birtcher Pacific people regarding the agreement. (City Attorney clarified documents of agreement with Del Obispo). (d) Letter of request from the American Legion Post No. 721 re: proposed lease of city park site. Capistrano Lions Club also submitted a letter of request for the lease of the park site. The five year lease agreement was discussed as being too lengthy a time. City Attorney was instructed to draft an agreement for such a service club to take jurisdiction, with a cancellation time clause of one year as well as investigation into an -insurance clause, other uses clause, veto power by the City Council for activities, and approval by the Council for any major reconfiguration and landscaping change. Mr. Howard Pepper of the American Legion Post 721 was recognized by the Council and explained the reasoning for requesting a long lease was due to the expense the Legion would go to in purchasing tables, chairs, etc. Mr. Bill Huffer of the Lions I8 Club felt their participation could render good service to the community with the park site as their meeting site. It was pointed out by the Mayor that the most important item is for the general clean up of the park site to be the most immediate concer. Hopefully, by next session, the City Attorney will have a draft of an agreement which may be considered by the service organization. th (e) Request from the Community Presbyterian Church for a 6 month extension on the temporary certificate of use and occupancy - Councilman Forster moved to grant the request, seconded by Councilman Bathgate, carried 4 to 0. ORAL COMMUNICATIONS Mr. Bruce Winton, President of the Chamber of Commerce, addressed the Concil, briefly mentioning the work the Chamber is doing with relation to putting out new brochures on the City and then introduced Mr. Gerald Gaffney. Mr. Gaffney read a letter of request for finds to purchase 1400 feet of Christmas lights due to the fact the ones previously purchased by the Chamber for the City's downtown area had burned in the fire of Consolidated Supply where they had been stored. Councilman Bathgate moved to grant $1,400 be expended for the Chamber to purchase 1400 feet of Christmas lights, seconded by Councilman Forster, carried 3 to 1 with Councilman Olivares voting noe. TREASURER'S REPORT The Finance Director was commended on the thoroughness and clarity of the quarterly fi-nancial report presented to the Council. Council members will take this under study and bring up again for discussion at the next regular meeting. PLANNING COMMISSION MATTERS (a) Councilman Forster questioned Item #7 in the Planning Com- mission Minutes re: mobilehome parks. Questioned the acreage involved around Alipaz and to review the 330 space mobilehome park going in on the Oyharzabal property stating that approximately 150 acres would be affected, mainly property owners to the west and to the south. Mr. Reichart was recognized by the Council and stated what the original. intent was for the particular piece of property (triangular /o -i3 -b9