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70-0427_CC_Minutes_Regular Meeting/•+ (0- 69 APRIL 27, 1970 REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO The City Council of the City of San Juan Capistrano, California, met for a regular meeting on Monday, April 27, 1970, at 7:03 P.M. in the Council Chambers of the City Hall, with Mayor Thomas A. Forster presiding. COUNCILMEN PRESENT: Bathgate, Chermak, Gammell, Thorpe and Forster COUNCILMEN ABSENT: None The meeting opened with the pledge of allegiance. Invocation was given by the City Attorney, John H. Dawson. The following corrections were made to the Minutes of April 13, 1970 - under Written Communications, page 6, item (b) change the 5th sentence to read. He also explained how the Telephone Company has purchased land in the valley and will be spending 4 million dollars on the exchange building. Change the 8th sentence to read, Councilman Forster stated the 40% increase was totally intolerable. The minutes were then approved as presented. STAFF REPORTS City Administrator - Ernest A. Thompson (a) Reported two items on the agenda of the Board of Supervisors of Orange County - Item #36 re; Proposed New Joint Powers Agreement, Waterworks District No. 4 and Item #46 re: acquisition of Rights for Capistrano Fire Alerting Siren on the Stroschein property. (b) Submitted the Regional Recreational Report from the Harbor Department and a letter from Mr. Wendell McCracken re: legal interpretation of certain sections of Zoning Ordinance 115, as informational items to the Council members. (c) Reported the Finance Department is updating the Business License Ordinance - it will be an updating of the revenue which is now based on a flat rate. Also, form is to be more simplified. City Attorney - John H. Dawson (a) Reported he had attended the first staff meeting of the department heads today. (b) Presented Council with a copy of Resolution No. 70-4-13-5 - opposing the Pacific Telephone Company rate increase. (c) Contempt proceedings have been postponed until May 15 re: outdoor advertising sign. APR 2 "c 1970 (d) Has drafted an ordinance for a proposed Parks & Recreation Department. Tiie Mayor made suggestion to have copies forwarded to the Planning Commission as well as the school district and the Council to have a study session to go over the draft. (e) Made mention it would be to the benefit of the Council members if seaff could get the agendas out early for their perusal. Mayor at this time inquired of the progress in acquiring egress and ingress to the temporary City Hall facility. Mr. Dawson stated he had been in contact with Mr. Jack Vincent, the Oyharzabal's attorney. They would donate the ease- ment if, 1. They could connect to the utilities; 2. The city would maintain tte pavement; and 3. Further improvements would be put in by the City. There was discussion by the Council re: width of the road. Questions raised were - would this be used as a public street or simply an ingress and egress road, and also, what if a division of land occurred. City Attorney stated a "pilot road" can be -_ arranged by a city. Councilman Chermak stated the previous Council simply wanted to use the existing road and was opposed to acquisition, even by dedication. The City Planner addressed the Council and stated the land use variance for Con -Rock expires May 19 and they are applying for a 5 -year extension. Consensus by Council was to have Councilman Bathgate, City Engineer and legal counsel confer together and with the property owner on this issue. Finance Director - Paul P. Lew Submitted list of demands for the month of April, 1970. Councilman Chermak moved to have Warrant #5023 through -05092 in the amount of $124,620.02 be authorized for payment, seconded by Councilman Bathgate, carried and so ordered. Director of Public Works - T. J. Meadows (a) Presented Council with letter from Mr. H. G. Osborne of the Orange County Flood Control District re: the joint powers agreement on the Trabuco Bridge repair. Mr. Meadows stated it is the same agreement previously authorized, except the Board of Directors has changed and the addition of Appendix "B" - fair employment practices. Councilman Bathgate offered Resolution No. 70-4-27-1, authorizing the execution of the agreement. Roll call was taken - AYES: Council- men. Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. (b) O.E.P. 875 funds - requested Lowry Engineering be retained for design- ing the Oso stream crossing. Mr. Don Martinson addressed the Council and stated AH, 2 7 1970 271 Minutes of the Meeting of April 27, 1970. the Flood Control District is now checking out the calculations. Councilman Chermak moved to uphold the recommendation of the Director of Public Works that the reconstruction and design for the Oso crossing be awarded to Lowry Engineering, seconded by Councilman Bathgate, carried unanimously. (c) Point of information - has received a subpoena to appear re: grass destroyed at golf course by chemicals used by County to destroy weeds - Marina View Heights Development Company. (d) Reported progress on Weed Abatement Program. (e) He will be unable to attend the meeting tomorrow of the San Diego Regional Water Quality Control Board - Mr. Don Martinson will be attending. Explained the P.L. 660 funds will cover 33% of the proposed total cost of the Oso Interceptor Sewer. (f) Pleased to report the trash containers requested by the San Juan Beautiful Committee have been placed within the city. (g) Had been contacted by the Gas Company re: tie into for the temporary City Hall facility (to be brought up later in the meeting). (h) Received an informal bid from E. & G. Engineering, Inc, for removal of the old trickling filter plant; $2995 for demolition of the concrete and steel and removal of said material to the dump site - or $2450 for breaking up of the concrete and stockpiling it on site or burying it. The Mayor at this time explained to the new Councilmen that if a job went over the $2500 figure, it would have to go to formal bid. Councilman Bathgate moved to accept the bid from E. & G.Engineering, Inc. seconded by Councilman Gammell, carried and so ordered. The Mayor made inquiry of a street striping machine for purchase by the City. Director of Public Works and Finance Director have been looking at various types and conclusion being that additional funds will have to be budgeted from what has already been projected for this particular item. City Engineer - Jack Y. Kubota (a) Reported two subdivisions are completing sidewalk construction - Tract 6225 (Kolbet) and Tract 6969 (Sant). (b) Shell Station on Junipero Serra is now open. (c) Plan checking second set of plans for Hawkins Mobilehome Park and Mission Hills Tract 6958. APR 271970 � 72 (d) Reported meeting with Mr. Swarthout of Tustin Land & Cattle Company - reached accord that they will consider a proposed easement document which would give the City the sidewalks for the period of their 55 year lease. Legal counsel to draw up the easement. The driveway approach will be 20 feet. There was discussion re: a future request to build an overhang over the sidewalk if they should decide to remodel with a false front on the building. Councilman Chermak stated he would like to see a rendering before consideration is given. Councilman Thorpe brought up point of liability by the City if this type structure was on City sidewalks. 11 (e) Has had contact re: a proposed commercial subdivision by the airport. (f) A.T.&S.F. Railroad - inquired if Council would like to have him contact the field office in San Bernardino re: repairs to street crossings, especially Del Obispo Street. Discussion centered on cable and poles and if the railroad will be removing the old telegraph lines in the area of the Oso Creek sewer area. (The Press at this time interjected a request to have the City Engineer and the Director of Public Works submit a brief summary of their reports so press will be apprised of what they are discussing). Council requested Mr. Kubota to contact the San Bernardino railroad office. WRITTEN COMMUNICATIONS (a) Resolution from the City of Costa Mesa urging the passage of.proposed Federal Revenue Sharing Statute. Comment to this was that taxation should be instigated here and not sent to the Federal government and then back again to US. Mr. Thompson, the City Administrator, was directed to contact Senator Murphy and Congressman Hanna regarding this legislation. (b) The Mayor made comment that the City has budgeted for the expense of the upcoming Mayors' and Councilmen's Institute, May 20-22 in Los Angeles for any of the Councilmen wishing to attend. (c) Local Agency Formation Commission elections have been scheduled for May 14. The Mayor would like to see representation for the southern part of the county. Councilman Chermak made recommendation to nominate and elect Councilman Northrup. Lengthy discussion by the Council re: any changes and suggestions on this issue. Councilmen Bathgate and Chermak and Mayor Forster will be in attendance. (d) Letter from Mr. & Mrs. Charles Orcutt re: an appeal for recreational vehicle park on the McCaslin-Holbert property. Council set May 25 at 7:00 P.M. for a Public Hearing for appeal on L.U.P. 70-108. APR271970 273 Minutes of the Meeting of April 27, 1970. (e) Change Order #2 for the Viking Company, submitted by Mr. Lavagnino, architect for the Public Works facility building totaled an additional amount to be paid in the sum of $279.50 (roof color change, $167 - crane rental, $112). Councilman Bathgate's motion and Councilman Thorpe's second were withdrawn after discussion by the Council re: the validity of the crane rental. This issue will be carried over until Council can be better informed. Mr. Thompson, the City Administrator and T. J. Meadows, the Director of Public Works, were directed to be liaison for the project. (f) Application forms on the President's Council on Youth Opportunity - informational. ORAL COMMUNICATIONS - Pacific Telephone Company City Attorney read resolution re: Council's objection to the increase in telephone rates. Mr. Bob Gannon of the Pacific Telephone Company addressed the Council and stated the resolution prejudges the case before the Public Utilities Commission has apprised it. It was pointed out that the P.U.C. will request a great deal of testimony to be given and Mr. Gannon stated there would be sufficient time prior to the close of the hearing, if at that time the council still wishes to go on record of opposing this increase. Councilman Gammell questioned at this time the basis for a decrease of rates in the Crown Valley area while at the same time asking for an increase in rates in other areas. This was answered by Mr. Gannon that an adjustment had been made in the excess mileage charge originally charged for new developments that were a considerable distance from town. Mr. Pignato addressed the Council and requested to have consideration given to the telephone company by not taking any stand on the issue before it comes before the P.U.C. Councilman Bathgate offered Resolution No. 70-4-27-2, rescinding the pre- vious stand by the Council in opposing the telephone increase in rates, based upon incomplete information. Roll call was taken - AYES: Councilmen Bathgate, Chermak, Gammell and Forster. NOES; None ABSTAIN: Councilman Thorpe. PLANNING COMMISSION MATTERS (a) Appointment of Planning Commissioners - Mayor stated past appointments have been discussed in open Council sessions but felt since personalities of APR 7 1970 individuals are being reviewed, requested an Executive Session for the appoint- m,:nts. He also included the appointments to the Architectural Board of Review aid the Site Plan Review Committee. (b) Consolidated Supply - City Planner addressed the Council and stated the D) -rector of Building and Safety had directed them to clean out their debris and t, place chain link and barbed wire fence around the open basement that reamins. T is action supersedes any zoning ordinance the City has. The use is still a L gal non -conforming use and may continue.,"Any installation:ofrany.structure o: buildings will require architectural control and subsequent public improve- ments. The business being conducted in the adjacent building is a legal use az d no conditions may be placed on it.unless exterior alterations take place. In response to Council, the City Planner stated that the only way a legal non -conform- irg use could be terminated would be through an amortization by ordinance. Forma- lized reports of this activity are forthcoming from Land Use Division of the BtAlding Department. WATERWORKS DISTRICT MATTERS (Refer to minutes of Orange County Waterworks District No. 4, dated April 27, 1970.) UVINISHED BUSINESS (a) Letter from the Orange County Safety Council re: membership and participa- ttin by the City. Councilman Thorpe suggested deferring until budget time and al;o inquired of what services were provided. Councilman Gammell opposed the $ltJO fee by stating that amount could be put to better use within the City. Co ncilman Bathgate and Chermak suggested giving it a try and the Mayor directed the Finance Director to include it in the budget for the fiscal year 1970-71. (b) Second reading of proposed Ordinance No. 159 (Westport). Councilman Clu rmak moved to have the ordinance read by title only, seconded by Councilman _ Bathgate, carried. City Attorney read by title only, Ordinance No. 159 - an orcinance amending the "Precise Zoning Map" as adopted by Ordinance No. 115, Section 3.01.3, to be designated "Amendment No. 13". Councilman Bathgate offered Ordinance No. 150. Roll call was taken - AYES: Councilman Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. (c) First reading of Ordinance No. 160 (Westport). Councilman Chermak moved to have the City Attorney read by title only, seconded by Councilman Bathgate, carried. City Attorney read by title only - an ordinance amending APR 2719.70 275 Minutes of the Meeting of April 27, 1970. the "Precise Zoning Map" as adopted by Ordinance No. 115, Section 3.01.3, to be designated "Amendment No. 14". (d) General Plan - Council to study and carry as an item on the next agenda. NEW BUSINESS Letter from .Mr. Wendell McCracken re: legal interpretation of certain sections of"Zoning ordinance N0.115 by our City Attorney, Mr. John Dawson, deferred as an item on the next agenda of Council. COUNCIL REPORTS Councilman Bathgate Made recommendation to have the City take steps to eliminate the signs put up in the City by housing developers on the weekends. There was discussion by the Council. Also, Mrs. Judy Beggs made recommendation that possibly the San Juan Beautiful Committee could be of some use to the City in cleaning up the sign situation. Mr. Pignato, a member of the audience suggested a fine be imposed. Mr. Thompson was directed by the Council to notify developers of this violation and send appropriate letters to offenders outside the city limits. Councilman Thorpe (a) Requested a study session of the Council for briefing on Council pro- cedures. (b) Made suggestion that a definite decision one way or the other be made on Mobilehome Parks. (c) Commented that a town hall meeting where interested citizens could be present at the Public Hearing on the General Plan for the city should be considered, since space at our present City Hall did not afford much room. ADJOURNMENT The meeting adjourned at 10:23 P.M. to an Executive Session. RECONVENED The meeting reconvened into an open public meeting at 12:30 A.M. Appointments were made to the following: PLANNING COMMISSION - Carol Heim, Charles Allen, Russ Cook, Gerald Gaffney and Art Lavagnino. ARCHITECTURAL REVIEW BOARD - Gerald Gaffney, Art Lavagnino, Harold Ambuehl, Roland Olsen and Bob Johns. APR 271970 aim WATER ADVISORY COMMITTEE - Glen Drown, Andy Cook, Wendell McCracken, Nofie Famularo and Dudley Brand. The appointments were ratified by motion of Councilman Bathgate, seconded by Council Chermak and carried unanimously by vote of the City Council. ADJOURNMENT: The meeting adjourned at 12:45 A.M. Respe.Ctfully submitted, nest A. Thompson ✓ City Clerk APR 2'71 /0