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70-0126_CC_Minutes_Regular Meeting223 JANUARY 26, 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 7:02 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 A. Bathgate, Antonio M. (Tony) Olivares and Edward S. Chermak. The minutes of the regular meeting of January 12, 1970 were approved as presented. The minutes of the special meeting of January 22, 1970 were approved as presented. STAFF REPORTS City Administrator - Ernest A. Thompson (a) Swap Meet (Councilmen Forster had requested staff to look into original length of permit) - City Administrator read excerpt of the minutes which approved the swap meet for the fiscal year 1967-68. Mayor requested staff to notify officials of swap meet to be given the chance to apply for a permit, otherwise the alternative would be to issue a cease and desist order. (b) First Southern Baptist Church (Councilman Forster had requested inquiry to be made regarding temporary waiver of improvements) - City Administrator read excerpt of minutes with regard to conditions to be applied. Mayor stated staff was to apprise Councilman Forster of these facts. (c) Made request to attend the Annual Spring Meeting of City Managers in Newport Beach on February 25, 26 and 27. Councilman Bathgate moved to grant the request, plus expenses involved, duly seconded by Mayor Chermak, passed 3 to 0. Councilman Forster arrived at 7:10 P.M. (d) Made recommendation for a merit increase for the Director of Public Works, Mr. T. J. Meadows for the fifth and last step in his range, from $1107 to $1170. Councilman Forster moved to uphold the recommendation of the City Administrator, effective February 1, 1970, duly seconded by Councilman Bathgate, passed unanimously. JAN 261970 224 City Attorney - John Dawson (a) Gave legal opinion re: bids for the temporary City Hall facility - still feels City should reject lowest bidder due to discrepancy since there are two separate provisions of the state law which would raise question if accepted. (b) Met with Mr. Jack Vincent, attorney for the Oyharzabal's regarding the deed of easement. The feeling was received by Mr. Dawson that the Oyharzabals would be receptive to a permanent easement rather than a temporary easement. They also made inquiry regarding the utilities of water and gas to be available to the adjacent property. Also, Mr. Dawson made recommendation that the $2,000 due on the sewer easement across the property be paid to the Oyharzabals. Councilman Durnford arrived at 7:17 P.M. At this time the City Engineer, Mr. Jack Kubota, made the statement that he felt the existing 20 foot street for the heavily traveled roadway was not sufficient - suggested at least a 50 foot right-of-way to contain a wider paved street section. City Attorney was requested by the Council to negotiate for a 50 foot right-of-way as well as the extension of the water and gas lines for their hookup. City Attorney feels also eminent domain proceedings will not be necessary. Finance Director - Paul P. Lew The list of demands for the month of January, 1970, were presented to the council. Councilman Forster made a motion approving Warrants numbered 4843 through 4898, in the amount of $49,510.88 be approved for payment;seconded by Councilman Bathgate, passed unanimously. Director of Public Works - T. J. Meadows (a) Received communication from H.U.D. on Oso Creek Sewer request for funds - application was turned down, without prejudice. (b) Requested authorization to be able to sign request for acceptance of 10% increase ($2,830) from the Federal Government in connection with the P.L. 660 grant. Councilman Bathgate moved to grant the request of the Director of Public Works, seconded by Councilman Forster, carried unanimously. (c) Reported street light at Aeropuerto requires setting a new pole by the Electric Company. 'JAN 2 61970 225 (d) Has received request for sewer connection on Lot 15, Tract 6402, a 6,000 sq. foot building - recommended connection fee be set at $900. Councilman Bathgate moved to uphold the Director of Public Works' recommendation for sewer connection fee at $900, seconded by Council- man Forster, passed unanimously. (e) Submitted interim contract draft for the Moulton Niguel, Santa Margarita and the City of San Juan Capistrano for the Council to study. Mr. Fehse was recognized by the Council and spoke of the matter. (f) Galloway & Associates (Westport property) - They have requested to connect to Assessment District 66-1 facilities. Staff to work out figures and come up with a solution of how much the fee will be. City Engineer - Jack Kubota (a) Construction has started on Tract 6969 (McCarthy -Sant). He is scheduled to meet with Mr. Sant re: flood hazard. Also mentioned a letter he had received from the Army Corps of Engineers, with the approval by The Federal Housing Agency stating that said tract is not in area of 100 -year flood hazard. (b) Tract 5702 - repair work has been completed on the driveway approach to the model area, as requested by the Council and minor repair to the curbs and gutters has been completed. (c) Plan check on LUP 69-105 - new telephone exchange building. (d) Finalizing plans on LUP 69-102 with regard to drainage on the west side channeled across Alipaz Street to the east side. (e) LUP 68-111 - State Division of Highways has street improvement plans for Ortega Highway. (f) Gave presentation to the Council on the Del Obispo project (paving of four lanes from Del Avion to Blue Fin). The county has requested the City to expand the roadway to meet their intended project.Councilman Bathgate offered Resolution No. 70-1-26-1, a resolution of the City Council of the City of San Juan Capistrano requesting the County of Orange to include within the arterial highways financing program the development of Del Obispo Street and rescinding Resolution No. 69-12-22-2, and to uphold the recommendation of the City Engineer. Roll call was taken - AYES; Councilman Bathgate, Durnford, Forster, Olivares and Chermak. NOES: None. ABSENT: None. 'JAN 26Wo 226 (g) Reported on the possible development of the Honeyman property. (h) Will be meeting with appraisers re: potential value of the airport property. (i) Tract 6788 - had intended submittal for approval by January 26, 1970. PUBLIC HEARING Public Hearing,declared open by the Mayor on the precise alignment of Camino Del Avion from Alipaz easterly to Camino Capistrano (that portion within corporate limits of the City). Mr. Jim Brennon was recognized by the _ Council and clarified the alignment through unincorporated land. City Planner stated this had not been a recommendation of the Planning Commission but a procedural matter. Councilman Forster disqualified himself from City Council participation and spoke from the floor as an interested party and citizen. He opposed the consideration of the precise alighment for Camino del Avion on the basis of its being premature. Public Hearing closed. Discussion followed with the Mayor and Councilmen both feeling it is pre- mature to align at this time. Mayor wants to hold over until the next meeting on February9 - City Attorney directed to review. WRITTEN COMMUNICATIONS (a) Orange County League of Cities Minutes - Informational. / (b) Letter from the San Jaun Capistrano Chamber of Commerce requesting the City accept the Christmas lights, since the Chamber could not acquire insurance for the decorations and also there was a problem of storage. Mr. Bruce Winton, President of the Chamber of Commerce, addressed the Council and also restated the above mentioned points. Councilman Durnford offered Resolution No. 70-1-26-2 to accept the Christmas decorations. Roll call was taken - AYES: Councilmen Durnford, Bathgate, Forster, Olivares and Chermak. NOES: None. ABSENT: None. (c) Letter from the San Juan Capistrano Fiesta Association requesting a franchise for the Fiesta de las Golondrinas Parade set for Saturday, March 21, 1970. Councilman Bathgate moved to grant, with appropriate conditions, the request for the Fiesta Association, seconded by Council- man Forster, carried unanimously. (d) Letter from the League of California Cities re: Institute of Labor Relations for City officials. The seminar is scheduled for March 18 through the 20th, 1970 in Los Angeles. Councilman Forster moved to have JAN 2 6 !970 227 two councilmen and the City Administrator attend the conference, seconded by Councilman Bathgate, carried unanimously. (e) Letter from Orange County Flood Control District regarding the proposed joint powers agreement on the Trabuco Creek flood repair. The Director of Public Works pointed out certain issues and clauses. Comments were also heard by Mr. Don Martinson of Lowry Engineering who stated that the inspec- tion fee is typical for city obligation. With this joint project, the city's obligation has been reduced to less than one third. (f) Letter from Mr. & Mrs. Darnold re: traffic hazard on Calle Chueca at curve. City Engineer will look into and report back to the Council. (g) Mr. Chris Klinger, representing the Harbor District of Orange County addressed the Council and read a proposed resolution by the Board of Supervisors for retaining the Harbor District. He also stated he wished to appear at the next League of Cities executive meeting. The proposed resolution would in essence have one agency maintain, operate and budget all the County public recreational facilities, including harbors, beaches and parks. Lengthy discussion followed. Councilman Forster stated he has now changed his mind and is in favor of the proposed resolution by the Board of Supervisors, as did Councilman Durnford. The Mayor then took issue with the fact that it has taken the Board of Supervisors 4-1/2 years to contact the City of San Juan Capistrano and they are only trying to save face by contacting the Council at this time. The Mayor feels it is up to the people now to make the decison. The Mayor also stated that if response is as such, perhaps another review would be in order. Council- man Forster stated at this time he was in favor of writing Assemblyman Briggs and refuting the Council's position - this action was not acceptable to the rest of the Council members. COMMITTEE REPORTS The Public Hearing is set for Wednesday, January 28, 1970, 2:00 P.M. in Room 515 at the Orange County Administration Building in Santa Ana on the proposal of establishment of Orange County Waterworks No. 4 as a subsidiary district of the city of San Juan Capistrano. ORAL COMMUNICATIONS Mr. Richard Booth reported to the Council the present status of the property which he leases for a training stable. It is now in escrow again, JAN 2 61970 228 as the first escrow did not go through. Discussion centered on the illegal use existing. Councilman Forster moved to grant another 30 -day period to file a land use permit, seconded by Councilman Durnford, also included in the motion was the intent to allow the use of the mobilehome as living quarters for a period of one year, with a one year extension, carried unanimously. PLANNING COMMISSION MATTERS City Planner brought Item 8b of the Planning Commission Minutes to the — attention of the Council whereby the Commission requested a copy of the Mobilehome Park Study Committee's report. The request was received and the Mayor went on to comment that the report is expected possibly by the February 9 meeting of the City Council along with a minority report to be submitted by Mr. Wendell McCracken. UNFINISHED BUSINESS L.U.P. 69-118 (McCall Mobilehome Park) - The Mayor read the conditions recommended by the Planning Commission, as follows: 1. That the property owner shall dedicate to the City of San Juan Capistrano, without further consideration, the necessary right-of-way for Del Obispo to a width of 52 feet from centerline thereof, in accordance with the requirements for a primary arterial highway as set forth in the Master Plan of Arterial Streets and Highways adopted by City Council July 9, 1962. 2. That all on-site and off-site public improvements to include streets, side- walks, curbs, gutters, pavement extention, and drainage, shall be made and shall be constructed to City standards and shall be approved by the City Engineer, respective jurisdictional agency, or if the occasion demands, both. (a) That the Del Obispo improvements shall include a major storm drain to accommodate drainage from the Del Obispo Aguacate Road junction to the flood control channel. (b) That the development on-site grading and drainage shall provide for an off-site underground facility to accept surface flow and discharge it into an approved drainage facility. Grading plan shall have approval of the City Engineer. (c) That the development's internal water system be approved by the Fire Marshal and be constructed to City standards. JAN 2 6 19/0 229 (d) That the developer shall obtain permits from the Orange County Flood Control for any facility connected with or to the channel. 3. That all mobilehomes and adjacent structures as necessary shall connect to the municipal sewer system. 4. That the park be redesigned so that the private streets do not tail off (dead end) and permit drain off into adjacent property. 5. That the existing, or any proposed utilities for the property concerned, or within public right-of-way adjacent to the property or on property to be dedicated to the City for street purposes shall be placed under- ground. Ornamental street lighting shall be installed to City standards. 6. That redesigned park shall have an ingress and egress approval by the Planning Commission. 7. That a landscaping plan shall be presented to the Commission and approved landscaping must be installed prior to issuance of a Certificate of Use and Occupancy. (a) The development will be so buffered and fenced to separate it from other use areas. (b) Fencing shall be included as part of the landscaping plan. (c) Trash and garbage areas shall be screened and adequate access to and from these areas shall be provided. (d) Parking areas to include a parking area for trailers and campers or boats, shall be landscaped with a buffer, either wall, bush or shrub, or a combination of all to provide screening. 8. That standards of Section 5.07.1, Ordinance No. 115, shall apply and those lots not meeting minimum standards as to square footage and frontage (width) shall be redesigned. Councilman Bathgate motioned to override the Commission denial and approve the permit, subject to the above listed conditions read, seconded by Councilman Durnford, carried 4 to 1 with Councilman Forster voting NOE. NEW BUSINESS (a) Councilman Durnford offered Resolution No. 70-1-26-3 requesting services of Orange County Clerk's office in connection with the forthcoming municipal election, passed and adopted unanimously. (b) Councilman Forster offered Resolution No. 70-1-26-4 giving notice of the forthcoming election April 14, 1970, passed and adopted unanimously. JAN 261970 230 (c) Resolution offered by Councilman Forster declaring the prevailing wage scale for calendar year 1970 (Resolution No. 70-1-26-5) was passed and adopted by unanimous vote. (d) Resolution No. 70-1-26-6 was offered by Councilman Durnford re: declaring all weeds growing upon any parcel or parcels of land or any public street in the City of San Juan Capistrano to be seasonal and recurrent nuisances - Public Hearing date was set for March 9, 1970. Roll call was taken - AYES: Councilmen Durnford, Bathgate, Forster, Olivares and Chermak. NOES: None. ABSENT: None. At this point in the meeting, Mr. John Dawson, City Attorney, brought up the fact that the agreement with the Orange County Flood Control District, the Orange County Waterworks District No 4, the City of San Juan Capistrano and the State of California as a proposed joint powers agreement for flood repair on the Trabuco Creek appeared to be in order. Councilman Forster moved to have the Mayor and the City Clerk sign the documents, seconded by Councilman Bathgate, passed unanimously. PUBLIC WORKS FACILITY AND TEMPORARY CITY HALL BUILDING Mr. Arthur Lavagnino's letter was considered by the Council in the recom- mendation that the Viking Company be the qualified low bidder. Councilman Bathgate offered the motion to accept the bid from the Viking Company and to have the Mayor and the City Clerk execute the contract, seconded by Councilman Chermak, carried 4 to 1 with Councilman Olivares voting NOE. ADJOURNMENT The meeting adjourned at 10:13 P.M. Respectfull/y,�/Jsubmit e , rneai A. Thompson _ City Administrator City Clerk jp1426 O