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70-0511_CC_Minutes_Regular Meeting277 MAY 11, 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 Monay, May 11, 1970, at 7:00 P.M. in the Council Chambers of the City Hall, with Mayor Thomas A. Forster presiding. COUNCILMEN PRESENT: Bathgate, Chermak, Cammell, Thorpe and Forster. COUNCILMEN ABSENT: None. The meeting opened with the pledge of allegiance. Invocation was given by the City Attorney, John H. Dawson. There was a correction to the April 27 set of minutes - page 9, add - "The appointments were ratified by motion of Councilman Bathgate, seconded by Councilman Chermak" - The minutes of April 21 and April 27, 1970, were then approved as corrected. STAFF RF.PnRTS- City Administrator - Ernest A. Thompson (a) Gave brief orientation to the Council on the'hews scoop" of the develop- ment of some of the land of the Honeyman Ranch by Becton, Dickinson & Company. Mr. Wilson Bradley, President of the Electronics Division, was introduced to the Council and gave a summary presentation. Specifics included the size of the building to be 80,000 to 100,000 square feet and to employ 400 people, one third of which would be technical staff, one third to be managerial and one third for assembly work. Stated also they had applied to the Planning Commission for a Land Use Permit. They hope to break ground by September and be open by June of 1971. The Mayor extended the City's welcome to Mr. Bradley of the B. & D. Company and also to Mr. Honeyman. (b) Reported two items on the agenda of the Board of Supervisors meeting May 12. Item #28 dealing with the proposed agreement on the Trabuco Creek Flood Repair - Waterworks District 4. Item #41 which is proposed transfer of records of the Waterworks District No. 4 (c) Decision #77187 was handed down by the Public Utilities Commission - requiring undergrounding of utilities. (d) Read letter from Planning Commissioner Charles L. Allen - "I am employed by Mercury Savings & Loan Association in Huntington Beach. It is my intention not to participate in any action of the Planning Commission in which my employer, or any of its builder -developer customers may be involved or any relationship in a business sense exists. I request that anyone being aware MAY 111970 of any action in which my employer may be involved advise me promptly." Read into the minutes as requested by the Mayor. (e) Submitted proposed Budget for 1970-71 and made mention that it included a proposed police department. Mayor suggested a study session for May 18 of the Council to delve into its particulars. (f) Informed the Council that the League of California Cities Inter- governmental Council Committee is scheduled to meet Wednesday, May 13, 1970. Councilmen Gammell and Thorpe will be attending. City Attorney - John H. Dawson (a) Presented written summary report from the special committee for acquisition of access rights to the Public Works facility. (b) Gave written comments to Mr. Wendell McCracken's letter re: legal interpretation of certain sections of Ordinance No. 115, specifically, dis- tinguishing between a variance and a conditional use permit under Land Use Permit. (c) Made comment re: the staff meetings being informative, as well as clearing up a lot of the small details before Council meetings begin. (d) Vanson and Coast Catamaran case thrown out of court due to defect in criminal complaint. City Attorney was directed by the Mayor to submit written report to show the Council the exact status on all pending civil and criminal actions taken by the Council. Mayor referred a committee made up of the City Attorney, John Dawson, the City Planner, Bob Johns and Councilman James Thorpe to study the McCracken letters and report back to the Council their findings and possible conclusions. Finance Director - Paul P. Lew (a) Had received the number two progress billing from the Viking Company on the construction work performed at the Public Works facility for payment in the amount of $37,868.72. It was pointed out that the architect's office had approved the certificate for payment. Councilman Bathgate moved to approve authorization for payment to the Viking Company the sum of $37,868.72, seconded by Councilman Thorpe, carried unanimously and so ordered. (b) Commented to Council he had received a proposal from the J. E. Bauer Company for a Model 9500 Striping Machine for $6,934.10, plus sales tax of $346.71 - making a total of $7,280.81. The Mayor directed the Finance Director, Paul Lew and the Director of Public Works, T. J. Meadows to look into and conclude if this sole source would be the better way for the city to go. Mayor requested this be made an item on the agenda for the next regular MAY 1119/0 are Minutes of the Meeting of May 11, 1970. meeting of Council. (c) Submitted monthly report on cash and investments for the month end- ing April. Mr. Lew also made note to the Council that the city now has one million dollars invested. Councilman Chermak moved to have the reports received and filed for audit, seconded by Councilman Bathgate, carried and so ordered. Director of Public Works - T. J. Meadows (a) He is planning to attend the May 26 meeting of the Water Quality Control Board in San Diego which will be dealing with Waste Discharge Require- ments for Livingston -Graham and Pre -certification reports for P.L. 660 application by the City. (b) Has executed the contract from E. & G. Engineering, Inc, for demoli- tion work to be completed on the old treatment plant site. Contract in the amount of $2,450. (c) Weed abatement program should be completed in a week to ten days. (d) Requested execution of the contract from Cappello and Sons by the Mayor and the City Clerk. City Engineer - Jack Y. Kubota (a) Paving is now in progress on Tract 6969 (Sant). (b) Had sent a letter to the A.T. & S.F. Railroad directed to the superin- tendent of California Systems in San Bernardino, dated May 1. The reply came from Mr. Briscoe and he referred contact be made to Mr. Salsman in Oceanside. Requested Council approval for his office to follow up on this by making con- tact with Mr. Salsman and getting the schedule of repairs. - (c) Oso sewer job - signal line poles. Santa Fe is ready to move lines when the power company is ready. (d) Tustin Land & Cattle Company - discussed with Mr. Dawson and City Attorney - will have ready by next meeting the easement document and agreement for sidewalk right of way. (e) Requested acceptance of two easement deeds re: L.U.P. 70-102 (Brown). Councilman Bathgate offered Resolution No. 70-5-11-1 for the Mayor and City Clerk to accept the deeds and authorize their recordation. Roll call was taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. MAY 111970 PUBLIC HEARING RZ 70-103 - Marina View Heights Public Hearing was declared open by the Mayor. Zone tentative tract 7200 to R-1. Mr. Christiansen gave presentation to the Council and also stated this will be coming before the Planning Commission for a study session on May 12. Councilman Gammell questioned soil tests for that area. The grading permit was granted by the Orange County Grading Department. Mr. Christiansen stated they are rebuilding the soil structure for the entire area. Councilman Bathgate questioned the street circulation. The proposed precise alignment on La Novia was shown to the Council with Mr. Christiansen showing an alternate route from what the City Engineer had.proposed, feeling it would best serve the future of the city. Mrs. Ross addressed the Council and objected to La Novia bypassing her property, with brief discussion following. The City Engineer, Jack Y. Kubota, clarified the Public Hearing was on the rezoning. Also clarified that he had been directed by Council to precise align La Novia from Ortega Highway to San Juan Creek Road. He also made mention that at the time the Planning Commission and the City Council hold their Public Hearing on the presentation of the La Novia alignment, the property owners will have a chance to air their views. Public Hearing on rezoning was declared closed. Councilman Bathgate moved to have the City Attorney read by title only, Ordinance No. 161, seconded by Councilman Chermak. City Attorney read - an ordinance amending the "precise Zoning Map" as adopted by Ordinance No.115, Section 3.01.1, to be designated "Amendment No. 15". PLANNING COMMISSION MATTERS (a) City Planner reported on items from the Planning Commission minutes of May 5, 1970. (b) The Master Plan of Drainage adoption clarified by the City Planner, Robert Johns, Requested second Public Hearing be set. Council set Public Hearing for May 25, 1970, at 7;00 P.M. for the Master Plan of Drainage for the City. (c) City Planner explained to the Council the tie vote by the Planning Commission on the L.U.P. 70-109 (Sommers) - the recreational vehicle park on the southerly limits of Camino Capistrano. Mayor directed it be returned MAY 111970 Minutes of the Meeting of May 11, 1970. to Planning Commission for consideration by the full membership of the Commission. WATERWORKS DISTRICT MATTERS Refer to Waterworks District Minutes of May 11, 1970. UNFINISHED BUSINESS (a) Second reading of Ordinance No. 160 - re -zoning C-2 property, 11 acres, to R-3 property. Councilman Gammell moved to have all resolutions and ordinances read by title only for the remainder of the meeting, seconded by Councilman Bathgate, carried. City Attorney read by title only, Ordinance No. 160 - an ordinance amending the "Precise Zoning Map" as adopted by Ordinance No,. 115, Section 3.01.2, to be designated "Amendment No. 14". Councilman Bathgate offered Ordinance No. 160 for adoption - Roll call was taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. (b) Parks and Recreation proposed ordinance discussed by Council. Question raised that the Commission consist of 5 members only, including school representation. Mayor appointed Councilman Thorpe to head an informal advisory committee to go over the draft proposal and invited any Councilman or interested citizens to submit names for consideration on the Parks and Recreation Commission. (c) Council set June 8, 1970, 7:00 P.M. for a Public Hearing on the General Plan for the City. (d) Justification for payment on Change Order #2 from the Viking Company in the amount of $279.50 was given by the City Administrator, Ernest Thompson. Paint change of color was $167 and crane rental was $112.50. Councilman Gammell motioned for authorization of payment to the Viking Company in the amount of $279.50, seconded by Councilman Thorpe, carried and so ordered. (e) Review and discussion of the updating of the city's Business License Ordinance. For comparison purposes, the business license structure for Anaheim was given to the Council for their information. Mayor directed the City Administrator Ernest Thompson and the Finance Director, Paul Lew to go over the proposed ordinance and made a recommendation to the Council re: the question to charge a fee for mobilehomes. NEW BUSINESS (a) Letter from Dexter Penman requesting permission to use a sound truck MAY 11 1976i in the city as a campaign promotion for his running for office in the County of Orange. Discussion followed. Legal Counsel clarified that it is not in keeping with the city's present Ordinance -0113. Councilman Thorpe motioned to deny the request due to its being in violation of the city's Ordinance No. 113, seconded by Councilman Gammell, carried and so ordered. (b) Letter of request from the San Clemente - Capistrano Valley Board of Realtors re: placement of street banner at the intersection of El Camino Real and Ortega Highway. Mayor directed the City Administrator and the Director of Public Works to check particulars re: size, lettering, color, etc. Council would grant request, subject to approval by the above mentioned staff members. Councilman Bathgate moved,,seconded by Councilman Gammell to uphold the Mayor's recommendation, carried unanimously. (c) Agreement for electrical services at the temporary City Hall site was summarized by Mr. Dennis Paquin of the San Diego Gas & Electric Co. S. D. G. & E. requested permanent easement in order to expedite service to the building. Discussion followed. Councilman Chermak motioned to have the Director of Public Works execute the agreement, seconded by Councilman Bathgate, voted unanimously. (d) Letters from Westport Enterprises, Inc. re: park development. City Planner gave presentation as to the location of the areas set for the park sites. Also stated that the Westport people are desirous of submitting site plans next week. Councilman Thorpe stated the urgency of pursuing park element coordination and taking care of what park land is being dedicated to the city. The City Engineer talked about the dedication of the park sites by the developer and the city's obligation to put in improvements after we have been given the land. Also pointed out the distinction of park area or a green belt area or a meaningful recreation area. Jack Kubota, T. J. Meadows, Bob Johns and Councilman Chermak are to meet and discuss the Westport parks issue. (e) Councilman Bathgate offered Resolution No. 70-5-11-2 - a resolution requesting relief from the further liability for payment of all or any part of the bonded indebtedness of the Capistrano Beach Sanitary District. Roll call was taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES; None. (f) Chamber of Commerce proposed budget was discussed at length by the council members. Councilman Thorpe suggested the Chamber request specific MAY 111970 28� Minutes of the Meeting of May 11, 1970, underwritings by the City. Councilman Bathgate voiced his opinion that he felt any contribution by the City should be minimum. Councilman Chermak felt the city had more important issues rather than $5,244, which is the difference needed by the Chamber for their proposed budget. The City Administrator was directed to get together with Mr. Bruce Winton, President of the Chamber to discuss their request. WRITTEN COMMUNICATIONS (a) Letter from San JuanBeautiful Committee thanking the city for placement of the trash containers. (b) Latter from the League of'California Cities re: special seminar for planning officials. Mayor stated the Planning Commissioners have authorization by the Council to attend, June 3-5 at the Disneyland Hotel if they so desire. (c) Letter from Mission Viejo Company commending the fine cooperation they received and expressing their thanks to the Waterworks District #4 and Mr. T. J. Meadows for making a particularly difficult water main relocation into a workable arrangement. -/j- 3 (d) Letter from the Orange County Health Department re: water sampling services. Mayor questioned if this should come under waterworks matters. Mr. Meadows made recommendation that it could come under city business in this case. Councilman Bathgate offered Resolution No. 70-5-11-3 - a resolu- tion for the Health Department to continue the present policy with the deaprtment in providing the entire water sampling service, at no charge to the water purveyor. Roll call was taken - AYES: Councilman Bathgate, Chermak, Gammell, Thorpe and Forster. Noes: None. REPORTS (a) Site Plan Review Committee - Mayor recommended Jack Kubota, Robert Johns, Ernest Thompson, Jerry Gaffney and Chuck Allen. Council accepted the recommendation with no ojbections. Council recessed at 10:14 P.M. - reconvened at 10:21 P.M. (b) Further discussion was entered into by the Council re: acquisition of access rights to the Public Works facilities building. Ray Woodside, consulting engineer for the Waterworks District, gave presentation showing the existing 14' easement from Camino Capistrano. The City Administrator MAY 111970 pointed out also that the Viking Company had questioned when they could expect to pave. City Attorney requested legal descriptions from the engineer. The City Engineer stated the city needed a concrete proposal for use of the driveway in exchange for the installing $15,000 in utilities. Council recommended a decision be made and an amicable agreement with the Oyharzabal family be made by May 18, 1970. ADJOURNMENT The meeting adjourned at 11:07 P.M. until 6:30 P.M., Monday, May 18, 1970. Respectfully s bmit te , 71 nest A. Thompson ✓ City Clerk MAY 111970