Loading...
70-0112_CC_Minutes_Regular MeetingJANUARY 12, 1970 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 to the flag was recited. Invocation was given by the City Attorney, John Dawson. The City Clerk called the roll. Councilmen present: William Bathgate, Don Durnford, Thomas A. (Tony) Forster, Antonio M. (Tony) Olivares and Edward S. Chermak. The minutes of the regular meeting of December 22, 1970 were approved as presented. STAFF REPORTS City Administrator - Ernest A. Thompson (a) Letter of request from the Girl Scout Council of Orange County for permission to conduct their annual cookie sale March 6 through March 14 and the calendar sales in the month of November. Request was approved by the Council. (b) January 14, 2:00 P.M. - Local Agency Formation Commission meets re: boundary lines - resolution is on file making reference to the Honsberger property. L.A.F.C. has been adequately in- formed what the stand of the City is - view the boundary lines as "straight corners and straight lines." San Juan Capistrano should voice an opinion at this time if in opposition - City Attorney stated he plans on attending the meeting. (c) No significant items pertiennt to the valley on the agenda of _ the Board of Supervisors. (d) Gave summary on the meeting held in Sacramento on Solid Waste - will submit a written report to the Council on this matter. City Attorney - John Dawson (a) Division of Land issue re: Mrs. Hills' property - had meet- ing with City Planner and Mr. Connelly (Attorney) in connection with easement dedication. (b) Appraiser's cost, $300 re: Birtcher Pacific, Tract No. 6788 - City can take immediate possession. JAN 121970 215 (c) Mayor made inquiry on permanent right of way going into the future site of the permanent Public Works facility and temporary City Hall. Mr. Dawson will research this. Finance Director - Paul P. Lew (a) Made comment on the quarterly report (to be submitted to the Council before the next meeting) in that the General Fund interest gained over last year is 107%. (b) Made request to attend the California Society of Municipal Officers meeting in Beverly Hills, February 4, 5 and 6. Councilman Durnford made the motion to grant the request of the Finance Director and to approve the necessary expenditures - involved, seconded by Councilman Bathgate, carried unanimously. Director of Public Works - T. J. Meadows (a) Recommended sewer connection fee on the 151000 sq. ft, building by Birtcher-Pacific going in next to the Bank of America be set at $2,250, Councilman Bathgate moved to uphold the re- commendation of the Director of Public Works, seconded by Councilman Durnford, carried unanimously. (b) Recommended sewer connection fee at Mission and Camino Capis- trano be set at $450 - Councilman Forster moved to uphold this recommendation, seconded by Councilman Bathgate, carried unanimously. (c) Orange County Flood Control District request for permission to install a metering station on the Del Obispo Street Bridge over Trabuco Creek. Councilman Forster moved for the affirma- tive on the request, seconded by Councilman Bathgate, carried unanimously. (d) Has received inquiry from property owners along the newly paved /-/,? -/ frontage road (Camino Capistrano - by the Post Office) to post and sign our load limit of 3 tons. Councilman Bathgate offered Resolution No. 70-1-12-1 designating that the load limit be posted for capacity of 3 tons. Roll call was taken - AYES: Councilman Bathgate, Durnford, Forster, Olivares and Chermak. NOES: None. ABSENT: None. JAN 121970 216 (e) Reduced speed limit on Camino Capistrano, also intersection street lighting should be installed due to the traffic hazard at Ave. Aeropuerto. Requested authorization to proceed with installation of street lighting which will run approximately $7.00 per month - Councilman Bathgate moved to grant the authorization for installation and staff to confer as to the property position of the light, seconded by Councilman Durnford, carried unanimously. (f) Reported the Ross water line is in. (g) Four of the sixteen property owners have paid for their paving bill. City Engineer - Jack Y. Kubota (a) Reported construction the Shell Service Station is progressing. (b) Tract 6969 (McCarthy) coming along. (c) Plan check on Tract 6958 (Mission Hills - 27 lots). (d) Met with Mr. Misbin and Mr. Holms re: State Division of Highways building an off ramp for frontage road at Serra Road and were receptive to this plan. (e) Application of A.H.F.P. project brought favorable response and suggestion that we fix the amount of request at $75,000 - this is part of the 4 lane project from Dana Point to Blue Fin on Del Obispo Road. City Engineer will review and come back to the City Council with recommendations. (f) Mr. Birtcher wants to continue with plans of condemnation of right of way. (g) City Engineer explained very thoroughly the engineering standpoint with reference to the question of drainage for the mobilehome park on the Cook property off Alipaz Street. The Mayor at this time questioned the criteria of the Honsberger property. Mr. Bill Ayer addressed the Council. Councilman Forster abstained from entering into any discussion due to a possible conflict of interest. Lengthy discussion followed. Planning Commission approval so stated there was no issue of drainage to begin with. Mr. Kubota demonstrated on the blackboard the area involved and needed for drainage. City Engineer to work out the most practical alignment along Alipaz Street to provide adequate drainage. JAN 121970 217 WRITTEN COMMUNICATIONS (a) Notice of application with Public Utilities Commission - Application #51567 by Southern California Gas Co. - Application #51568 by Southern Counties Gas Co. - and Application #51569 by Pacific Lighting Service Co. - informational only, received by Council with no comments. (b) League of Cities Meeting held January 8, 1970 brought a 13 to 10 vote in favor of dissolution of the Orange Councy Harbor District. (c) Local Agency Formation Commission will be holding a Public Hearing on January 14, 1970, 2:00 P.M. on the proposed incorpo- ration of the coastal areas of Dana Point - Capistrano Beach. (d) Letter of request from W. B. Goodwin for transferring Business License #86, originally issued to Helms Bakeries, to his own bakery truck. Councilman Forster moved to grant the request, seconded by Councilman Durnford, carried unanimously. (e) Letter of request from David Weisz Co., requesting auctioneer license for one day, Saturday, January 17, 1970. Councilman Durnford moved to grant the request, seconded by Councilman Bathgate, carried unanimously. (f) Letter from Marquis & Associates, reference L.U.P. 68-109. Mr. & Mrs. Hawkins, owners of the property, were introduced to the Council. Mr. Riley Marquis addressed the Council re: fulfilling the necessary requirements for going ahead on the property for construction of the E1 Nido Mobile Estates before the February 10, 1970 deadline date on the land use permit. Discussion followed: Mr. John Mullin from Church Engineering clarified position of what has been accomplished so far. The question raised was if all requirements are fulfilled, excluding the requirement of dedication and improvements on Ortega Highway (State Highway), would the Council validate the land use permit? City Attorney clarified the question of why the dedication of the frontage on the Ortega Highway must be given to the state rather than the city - since it is a state maintained roadway. Councilman Durnford moved to validate the L.U.P. if everything is in progress, seconded by Councilman Olivares; Councilman JAN 121970 W�- Forster stated that the Council has the right to cancel this validation in the future if these items are not accomplished, carried unanimously. PLANNING COMMISSION MATTERS (a) Minutes of the regular meeting of the Planning Commission held 1-6-70 were submitted. (b) Honsberger Mobilehome Park - Mayor reported on the letter received from the Moiblehome Park Committee giving a report and its recommendations on the Honsberger Mobilehome Park. Discussion consensus was informational. Mr. Gutsch was recognized bylhe Council, and Councilman Forster stated the importance that his concern be represented at the Public Hearing set by the Local Agency Formation Commission on Wednesday, January 14 at 2:00 as opposition to be included within the Dana Point - Capistrano Beach incorporation. (c) McCall Mobilehome Park L.U.P. 69-118 - originally denied by the Planning Commission. Discussion followed and reference was made regarding drainage. Councilman Forster moved to uphold the Planning Commission's decision to deny L.U.P. 69-118, seconded by Councilman Olivares, motion lost by a 3 to 2 vote. Councilman Durnford motioned to have no action taken by the Council on this issue until the next meeting, seconded by Councilman Bathgate, carried unanimously. (d) L.U.P. 70-102 (Brown) - to permit the construction of a 10,000 sq. £t. retail commercial structure in the C -1H Local Business Mission District. Planning Commission recommended an appropriate improvement district formed. Discussion centered on waiver of (asking for additional 21) improvements until improvement district is formed. Councilman Bathgate moved to waive improvements until such time as (1) an appropriate assessment district be formed, or (2) the adjoining properties are developed and improved, or (3) a capital improvement project by the City is scheduled, whichever comes first, Councilman Forster seconded, carried unanimously. `.1 AN 121970 219 (e) Requested setting second Public Hearing on February 24, 1970 for RZ 70-101 (Westport Enterprises, Inc.). UNFINISHED BUSINESS Councilman Durnford moved to have the City Attorney read by title only the second reading of Ordinance #157, anending Ordinance No. 115 be designated Amendment No. 21, seconded by Councilman Bathgate. Councilman Bathgate offered Ordinance No. 157 for adoption. Roll call was taken - AYES: Councilman Bathgate, Durnford, Forster, Olivares and Chermak. NOES: None. ABSENT:None. NEW BUSINESS Mayor read notes re: bids for the temporary City Hall facility. City Attorney gave his legal opinion in that the time factor is absolute and necessary and that all bids and bonds are due in at the time stipulated. Discussion followed among the Councilmen. Mr. Maurice of Maurice Development & Research Co. addressed the Council to take issue with the City Attorney regarding his being the lowest bidder. City Attorney stated he will go over the bidders list with the architect to resolve who is the actual qualified low bidder since some technicalities have eliminated some of the bidders. Councilman Bathgate recommended holding a special meeting of the Council if the City Attorney and architect can resolve the issue so that Council can award the contract. Mr. Dale Butler representing the Gas Company addressed the Council with regard to the gas line leading to the city owned property. He stated in the event that gas air conditioning were used, there would possibly be no charge for gas main installation. The Mayor suggested he get together with the architect. COUNCILMAN REPORTS Councilman Forster Councilman Forster offered Resolution No. 70-1-12-2 authorizing such representatives from the City of San Juan Capistrano to appear on behalf of the City before the Local Agency Formation Commission of the County of Orange. Councilman Bathaate (a) Drainage ditch along Camino Capistrano by the Casitas - questioned JAN 121374 220 what can be done to eliminate the flooding in that area; made recommendation to look into and unblock stopage. (b) Reported the rocks are being hauled away by passing motorists from temporary Camino Capistrano crossing. Councilman Durnford Made inquiry re: repairing blacktop where Ganado crosses San Juan Creek. Councilman Forster (a) Stated the swap meet was started on a temporary basis and is still going full strong; suggested the staff investigate. (b) Parkway improvements should be referred to the Planning Commission since some of the planted trees have a tendency to do damage to the sidewalks and underground utility lines. Mayor Chermak (a) Stated he had received a letter signed anonymous objecting to the new name of "Peon Plaza". (b) Proclaimed January, 1970, as March of Dimes month. (c) Announced an invitation by the League of Women Voters to a symposium to be held at the San Clemente Inn on Staurday, January 17, 1970. The meeting adjourned at 10:26 P.M. Resp tfu{7/l�l y Aubmi d, Ernest A. Thompson City Administrator City Clerk JAN 121974