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70-0608_CC_Minutes_Regular Meeting2 9 `7 JUNE 8, 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, June 8, 1970, at 7:00 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 Mr. Robert C. Gannon. The minutes of May 18 were referred to legal counsel for a re -writing of the verbage which had been questioned in paragraph 2. Also, Item #2, correct name to read Mrs. Terry Rodriquez. Minutes of the meeting of May 25, under Public Hearing - that portion pertaining to Mrs. Ross - directed to be struck from the minutes. Minutes were then approved as corrected. Councilman Bathgate at this time made a motion to have all resolutions and ordinances of this meeting read by title only, seconded by Councilman Gammell, carried and so ordered. STAFF REPORTS City Administrator - Ernest A. Thompson (a) Mr. Robert Johns, acting in behalf of the City Administrator, presented his reports in his absence. (b) Read letter from Mrs. Charles Orcutt requesting their withdrawal of their appeal, L.U.P. 70-108. Letter was received by Council and filed. (c) Letter of transmittal from Mr. Lavagnino's office for a request for payment from the Viking Company. Director of Public Works commented it to be in order. Councilman Gammell moved to authorize payment of the third progress payment in the amount of $16,899.00, seconded by Councilman Thorpe, carried unanimously. (d) Letter from the Division of Highways re: functional classification study - informational. Mayor referred it to the City Engineer's office for any comment. (e) Executive meeting of the League of California Cities to be held June 11. Possible attendance by Councilman Bathgate and Mayor Forster. Mayor JUN 81970 directed the City Administrator's office to poll Council members prior to confirmation of reservations being made. (f) Decision No. 77301 from the Public Utilities Commission regarding investigation into requirements for a general order on siting a new electric generating plant - informational. Mr. Dennis Paquin of the S.D.G.&E. Company gave clarification of this case. (g) L.A.F.C. agenda presented with respect to Dana Point -Capistrano Beach incorporation meeting to be held June 10, 1970, at 2:00 P.M. in Santa Ana. Mayor informed Council the City Administrator had polled adjacent property owners and none had requested City representation at this meeting. (h) Memo from Mr. Dick Turner, Executive Officer of L.A.F.0 re: de - annexation 65-1 from the Capistrano Beach Sanitary District. Legal counsel explained that L.A.F.C. had no jurisdiction to take any action requested by our City. Discussion by Council concluded that City Attorney look into and report back to the Council within 30 days and none of the property owners to be notified prior to City Attorney's report being presented to Council. A member of the audience, Mr. Melvin Bloom, addressed the Council with respect to the area. City Attorney- John H. Dawson (a) Reported he had drafted a statement of policy of the city on the pro- tection of the swallows. Resolution will be formalized in written form and be in the agenda packet for the Council's perusal at the next meeting. (b) Read by title only, a proposed ordinance amending Ordinance No. 115 by adding thereto certain sections relating to the establishment of drainage fees. City Attorney was directed by the Mayor to prepare a draft for the second reading. (c) Ordinance regulating business licenses - This item carried over from last agenda for determination for certain fees on mobilehome parks and inclusion of recreational vehicle parks. Discussion of Council centered on the proposed fee of $2.00 per unit for mobilehome parks, after $15.00 basic fee was paid. Dr. Watkins and Mr. Broaddus of the Capistrano Valley Mobile Estates Park addressed the Council, and Mr. Broaddus informed the Council that they were already paying fees to the County. City Treasurer, during discussion, related fees we were not collecting - the actual fees versus projected fees. After further discussion with respect to the merits of equitable fees, Councilman Thorpe moved to approve the fees as presented Jun 81970 295 Minutes of the Meeting of June 8, 1970. in the revised part of the ordinance, specifically referring to the $2.00 per unit, after basic cost. Councilman Gammell seconded,the motion carried 3 to 2, with Councilmen Bathgate and Chermak voting Noe. Ordinance was read by title only. ORAL COMMUNICATIONS (a) Mr. Dick Beggs, President of the San Juan Capistrano Fiesta Associa- tion made request for the franchise for the Fiesta Association. Councilman Chermak made a motion to grant the request, subject to the standard conditions set forth re: clean-up, policing, etc., seconded by Councilman Gammell, carried and so ordered. (b) Mr. Walter Stephens and Mr. Peter Hector addressed the Council regarding sign for Pete N' Clara's Cafe. Asked relief from a condition that imposed the requirement to remove the large sign on the front of the building. Secretary of the Planning Commission pointed out the problem. After discussion concerning all signs on the structure, Councilman Bathgate moved to approve the deletion of condition #3 of Planning Commission, thus permitting retention of this sign, subject to it being repainted to make it compatible with pole sign authorized. Further, the two neon signs on the north and south elevation respectively to be removed. Secretary of Planning Commission is authorized to approve the wall sign elevations if they are in keeping with architectural concept of the pole sign. Councilman Thorpe seconded the motion and it carried unanimously. PUBLIC HEARING 6 - I General Plan for the City of San Juan Capistrano. Secretary of the Planning Commission presented the plan and explained that it was a consolida- tion of existing elements, plus one new element and text. The Mayor declared the Public Hearing opened. Messrs. Pignato, Bloom and Williams spoke with respect to the plan. Mr. Bloom was the only objector. Public Hearimg was declared closed. Council discussion followed and centered on the aspect that this plan was a beginning and guide in that ultimately all items concerning this plan would be before them with respect to zoning and other land uses. Councilman Gammell offered Resolution No. 70-6-8-1, a resolution to adopt the General Plan as presented for the City of San Juan Capistrano. Roll call was taken - AYES: Councilmen Gammell, Chermak, Bathgate, Thorpe and Forster. JUN 81970 o 0 Councilman Thorpe suggested the Council make an annual review each year. NOES: None. ABSENT: None. COMMITTEE REPORTS Sewer Connection Fee Committee with respect to Becton -Dickinson. Council- man Bathgate reported on the meeting. Stated they had reached a decision concerning assessment district fee, oversizing fee and hook-up fees. Mr. Don Martinson, of Lowry Engineering Science addressed the Council and broke the fee schedule down in the following order: Assessment District Fee (29 acres) @ $470 per acre Oversize Fee (29 acres) @ $75 per acre Less credit for cost incurred in installation of of approximately 1200 feet of sewer line to a maximum of $10,000. Sewer Connection Fee for 1st 25,000 square feet @ $225 per each 1500 sq. ft, unit. Sewer Connection Fee for all square footage over 1st 25,000 sq. ft. @ $112.50 per sq. foot. $13,630 $ 2,175 $ 3,750 Councilman Chermak questioned the gallonage from a building up to 100,000 square feet. Councilman Bathgate stated the extra volume would not jeopardize assessment line's capability. Councilman Bathgate offered Resolution No. 70-6-8-2, a resolution to approve the suggested sewer connection fees for Becton -Dickinson. Roll call was taken. AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. Mr. Bradley of Becton -Dickinson thanked the Council for its consideration and stated it would be a workable agreement with the company. STAFF REPORTS Finance Director - Paul P. Lew Requested approval of the Council for payment to Cappello & Sons of $56,844 (1/3 of the contract). Councilman Chermak moved to approve the request, seconded by Councilman Bathgate, carried and so ordered. Mr. Randy William, a member of the audience, thanked the Council for the courtesies extended by Mr. Cappello in his construction of the water line, which did not interrupt the irrigation of the orange groves. Director of Public Works - T. J. Meadows (a) Progress Report - Gangi (E & E Engineering, Inc.) demolition at the new Public Works site should be completed this week. (b) Will report next meeting on the final inspection of the weed abatement program.this week. 301 Minutes of the Meetin¢ of June 8. 1970. (c) Oso sewer job is going very smoothly. (d) Marina View Heights has requested assistance in making application for federal funds from the flood disaster for private property damage. Council- man Bathgate offered Resolution No. 70-6-8-3 designating the Director of Public Works as representative of the city in making application for Section 1715.4 of Public Law 91-79 funds. Roll call was taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. (e) Received application for sewer connection fee from Mr. Fish N' Chips, and made recommendation that $225 be set for the building which is a total of 1,250 square feet. Councilman Chermak moved to approve the recommendation, seconded by Councilman Bathgate, carried and so ordered. (f) Capistrano Mobilehome Park - 312 spaces, plus 10,000 square feet of recreation and washroom facilities in the amount of $36,675. Councilman moved to authorize the Director of Public Works to request payment for $36,675, seconded by Councilman Bathgate, carried unanimously. City Engineer - Jack Y. Kubota (a) Westport model homes - proposed public street improvements require the removal of two trees. The large sycamore tree on private property to be trimmed. Mayor, with Council consensus, stated trees should be removed. (b) Plan checking on the mobilehome park on the Oyharzabal property. Second cycle of plan checking is including the construction of a storm drain from the easterly portion of the Baptist Church property to the Flood Control Channel. City Engineer requested the Baptist Church be contacted re: extend- ing the storm drain and putting in curbs and gutters. It has been three years since they first asked for an extension of time. Mayor directed the City Administrator to contact the Baptist Church with respect to the improvements and report to the Council. (c) Resurfacing of Mission Hills area. Also, resurfacing of Ortega and installation of conduits for traffic signals. Informed Council we do not have easement for corners of the Church property on the southerly side of Camino Capistrano and E1 Camino Real and that responsibility for obtaining this had been in the hands of the City Administrator for two years. Recommend either this be obtained through negotiation or condemnation would be necessary. City Attorney volunteered his services to obtain said easements. Mayor, with JUN 81970 302 Council consensus, referred this matter to City Attorney for him to contact the appropriate Church officials to negotiate for said easements. COUNCILMEN REPORTS Councilman Chermak (a) Asked for investigation regarding an abandoned car on the frontage road immediately south of the La Golondrina Motel on Camino Capistrano. This to be checked out by the City Administrator. (b) Pleased with action of the Council concerning review of the Baptist Church improvements. Councilman Gammell Pleased to see the sign situation is much better. Councilman Thorpe (a) Questioned signs on private property and the need of control to deter future additional signs being placed on established signs. Mayor Forster inter- jected and queried the City Attorney concerning the steel sign. City Attorney replied that a hearing is set in Superior Court on June 15, 1970. (b) Relayed the consensus of the committee meeting with Mr. McCracken and the City Attorney re; the zoning ordinance. The City Attorney will draw up an ordinance for the committee's consideration. (c) Inquiry made of Councilmen and Staff in general concerning status of Cable TV franchise. Related he had difficulty of installation in his home and wonders if it is common. Conversation was that one franchise had been issued only and the Director of Public Works would not let parallel lines of different franchise organizations go in the same tract. Mayor Forster (a) League of Cities - reference Cable TV franchise revocations. Queried as to actions and staff interpretation. Was informed the City does not take — action when required to eliminate a non-productive franchise and has already terminated one franchise. (b) Joe Mesa property - Inquired as to whether City Administrator had contacted Mr. Mesa. City Planner informed Council contact had been made, but information had not been given to him by the City Administrator - to be furnished next meeting. (c) Day Work Shop for Mayors - Councilmen Gammell and Thorpe reported on last meeting they attended. Mayor indicated he would attempt to make the next meeting. JUN 87970 303 (d) Letter from Councilman George Scott of Fountain Valley read by Mayor. Subject helping handicapped people by providing parking adjacent to shops and shopping centers. Letter referred to City Engineer for comment and report. Councilman Bathgate expressed idea that the Chamber of Commerce might pursue this type of activity. (e) Mayor introduced Mr. Burce Winton, Chamber President, who in turn invited all members of the Council to attend the breakfast meetings of the Chamber of Commerce. It was left to the individual determination of each Councilman if they could attend. (f) Letter from Chamber of Commerce of San Clemente with regard to moving the Santa Fe railway northerly and eliminate it from the beach area. Discussion centered on whether the City of San Clemente had taken official position and the vagueness of the ultimate question of where it would go. No action taken at this time. PLANNING COMMISSION MATTERS RZ 70-104 (French) - Mayor set second Public Hearing for this rezone for July 13, 1970 at 7:00 P.M. The meeting adjourned at 10:18 P.M. There will be a study session on Monday, June 15, 1970 to go over the budget. Respectfully submitt de RBlfert K. Johns Acting for the City Clerk JUN 81970