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70-0622_CC_Minutes_Regular Meeting304 JUNE 22, 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 22, 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 minutes of June 4, 1970, were approved as presented. There were corrections to the minutes of June 8. Page 6, under City Engineer, item (a) - change the third line to read, "the large sycamore trees." Under item (c) - City Engineer's report, add in the third line, "also resurfacing of Ortega and installation of conduits for traffic signals." The minutes were then approved as corrected. STAFF REPORTS City Administrator - Ernest A. Thompson (a) Reported Jose Mesa requested consideration of $7,500 for his land. Legal counsel suggested an appraisal of the property. Mayor questioned building in a precise alignment. Discussion brought out two alternatives - either have the city purchase the land or permit the property owner to build on site. The idea of a park site in that area was brought up by Councilman Thorpe. City Attorney offered to check out building a structure in a precise alignment. Councilman Bathgate moved to engage a real estate agent knowledgeable in appraisals, for a maximum fee of $50.00 to look at the Mesa property in question, seconded by Councilman Thorpe, carried unanimously and so ordered. (b) Informed the Council there were no items on the Board of Supervisors' agenda re: San Juan Capistrano scheduled for this week. (c) Construction is progressing on the temporary City Hall. Pointed out to the Council that the contract does not provide for carpeting. There is approximately 4,500 sq. ft. of rough concrete. Mr. Bob Gannon, in the audience, interjected that in some cases, carpeting can be less expensive than the con- tinued maintenance and upkeep of tile. Councilman Chermak suggested finishing off the present concrete floor and using it as it is. The City Administrator JUN 2 219%0 305 Minutes of the Meeting of June 22, 1970. was directed by the Mayor to investigate this possibility as well as acquiring some figures on tile and carpet. Gave figures for the cost of a new flagpole as well as the cost of modifying the present pole by adding two sections. Stated Mr. Al Jiminez offered to provide the materials for the pedestal. Referred to staff by the Mayor for contact to be made with Mr. Patterson for modifying our present flagpole. Reported he had received a statement from Mr. Dale Butler of the Southern Counties Gas Company in the amount of $2,200 for gas main extension to the temporary City Hall site. Discussion by Council questioned this tremendous cost. It was pointed out that had we had 100% gas, gas main extensions would have been free. However, it was the architect decision in the best interest of the City, to have electrical air conditioning. City Administrator commented that the breakdown in the itemized statement was reversed from what had been first projected. He will check this out and inform Council regarding this infraction. City Attorney - John H. Dawson (a) Presented proposed statement of policy in resolution form regarding the City's position on the protection of the swallows. Councilman Bathgate and Chermak both objected to the need of the document in the first place. City Attorney was directed to re -write and shorten the proposed resolution. (b) Proposed ordinance amending Ordinance No. 115, regarding drainage fees (2nd reading). Councilman Bathgate questioned the fees collected by the county which could be used by the City. The City Engineer clarified the joint powers agreement possibility with the County of Orange, the City of San Clemente and our city would cover the local areas we are entitled to. The City Attorney also pointed out that we have followed the language of the County in the fee schedule. At this time, Councilman Bathgate moved to read all resolutions and ordinances by title only for this meeting, seconded by Councilman Gammell, carried and so ordered. City Attorney read by title only, the proposed Ordinance No. 162. Council- man Bathgate offered Ordinance No. 162 for adoption. Roll call was taken. AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. The ordinance amending Ordinance No. 115 by adding thereto JUN 221970 306 provisions relating to required fees for drainage was adopted by unanimous vote. (c) Reported he had made contact with representatives of the Mission San Juan Capistrano regarding easements. They requested a letter of consent signed by the lessee, Mr. Bob Patrick. The Mission has no objections to granting these easements once the letter from Mr. Patrick has been received. Legal counsel stated Mr. Patrick has told him he would sign the document. Report on this action will be forthcoming from the City Attorney. (d) Reported on the sign hearing June 15 in Superior Court. Read a portion of the transcript to the Council in which the hearing was postponed. (e) Had made contact with the attorney for L.A.F.C. regarding bonded indebtedness. Stated several ways it could be handled, however, all would require a law suit. Suggested a proper petition signed by the property owners and directed to the Orange County Board of Supervisors would carry a great deal of weight. (f) Has recorded the document on the triangular piece of property con- veyed to the Oyharzabals. (g) Agreement will be recorded as soon as he receives the legal descrip- tion on Con -Rock. (h) Submitted the revision of paragraph 2 of the Minutes of May 18. Mayor directed the City Administrator to have this revision incorporated into the set of minutes and to be re-signed. Finance Director - Paul P. Lew (a) Requested authorization to purchase welded grating for the Sewage Treatment Plant. Councilman Chermak moved to approve the purchase from the K. Bufnel Corporation in the amount of $844.29, seconded by Councilman Thorpe, carried and so ordered. (b) Submitted three bids for purchase of a Pick-up Truck for use at the Sewer Treatment Plant. Gave recommendation on the bid from South Coast Motors. Councilman Bathgate moved to uphold the recommendation of the Finance Director for purchase of the truck in the amount of $3,548.57, seconded by Councilman Chermak, carried unanimously. Councilman Gammell requested the Director of Public Works and the Finance Director to check out the possibility of purchasing vehicles from the County. (c) Gave report on the summary of Fund Cash Balances, Cash Receipts & Cash Disbursements for the month ending May 31, 1970, as informational. JUN 2 21970 307 Minutes of the Meeting of June 22, 1970. Director of Public Works - T. J. Meadows (a) Reported the weed abatement program is finished with an estimated cost of $4,900. A complete list will be submitted to the Council at the next regular meeting. (b) Stated he had received verification that we are #269 on the alpha- betical priority list for Oso Creek Sewer (P.L. 660) project for an amount of the grant of $60,750. (c) Application by Darmi to California Disaster Office for debris clearance on private property has been returned. Director of Public Works will refile by June 25. (d) Darmi interceptor sewer grant inspection - final audit expected shortly, total $31,181. (e) Demolition at the old treatment plant site has been completed. Director of Public Works commented he felt the contractor had done an excep- tionally fine job. Also stated in order to bring power to the building, it was necessary to remove a portion of the fence. Requested authorization to have a new gate installed and replacement of fence alignment. Due to time factor, requested authorization to proceed with this line of pursuit. Councilman Bathgate moved to approve authorization to have the Director of Public Works enter into negotiations and contract for fencing the surrounding property of the temporary City Hall site, with the inclusion of a new gate, seconded by Councilman Thorpe, carried and so ordered. (f) New water line to the temporary City Hall site has been installed. Should be put in service this week. City Engineer - Jack Y. Kubota (a) The development of Becton -Dickinson is scheduled to get under way immediately. (b) Reported the Mission Viejo Company is now interested in the Davis property and Lockridge Ranch. (c) Has received two Grant Deeds for right of way for Camino Las Rambles. Being reviewed with State Division of Highways. (d) Requested Council consider parking spaces adjacent to shops and shopping centers for the handicapped. (e) Reviewed letter from the Division of Highways re: updating streets and highways. (f) Commented discussion at the staff meeting brought result that the total drainage program will now be in effect, and will be administered by the office of the City Engineer. The Director of Finance will set up the separate accounts for these drainage fees. WRITTEN COMMUNICATIONS (a) Letter from Mr. Hawkins re: progress status of E1 Nido Mobile Estates, Inc. brought favorable comment from the Council of being informed of what is happening on the property. (b) Announcement from Orange County Division of League of California Cities re: General Meeting June 25, 1970. (c) Letter from Mr. Robert M. Avila re: complaint against the Mission. COMMITTEE REPORTS Councilman Chermak reported on the parks dedication in reference to the Westport development. Made comment that if we are to be going into the park business, the program should be initiated very quickly, along with the hiring of a park consultant. Also, the San Diego Gas & Electric Company has indicated since their easement is on the property, they would like to have fee title to the property and would participate in developing the park site. However, the committee concluded that the city was not able at this time to accept this park site and recommended giving credit for the parcel of land between the railroad and Camino Capistrano. City Engineer clarified the question raised on the slope easement at the entrance. Discussion continued on the proposed four parks and concluded that the large 4z acres for park site would be discussed at the budget session. ORAL COMMUNICATIONS Barry Goldman of Sunshine Craft Company addressed the Council to make inquiry of restoring the house on the city park site, Lot 60 of Tract 5974. Mayor stated the status of the property in question, and gave a general back- ground as to what has transpired since the city acquired it. Clarified that it would be premature to give an answer before the budget study session in which the amount for parks consideration will be determined. Mr. Goldman was advised to contact Councilman Thorpe re: attending the Parks and Recreation Committee meeting scheduled for July 9. Mr. William Nichols of Laguna Beach was then recognized by the Council in connection with the inquiry of cultural restoration to historical buildings in the city. He was advised J Ufa! 2 2190 3 6- 0 9 Minutes of the Meeting of June 22, 1970. to contact the Historical Society for further information. PLANNING COMMISSION MATTERS (a) Planning Commission Minutes of June 16. Item 8(a) re: existing La Novia as a local street. City Engineer presented the proposal and gave a summary of actions concerning the proposal. Basic request was for an alternate method to serve Tract 7200, and only those improvements requested to serve the tract be installed in the first instance. Mrs. Ross was recognized by the Council, and requested that discussion on this issue be deferred until the Public Hearing July 7. City Attorney spoke of his conversation with Mr. Misbin re: constructing a half of a main arterial highway. Lengthy Council discussion followed, with Mr. Christiansen joining in. Councilman Bathgate made a motion to have the developer dedicate the necessary easement for extension of La Novia and also be required to construct the appropriate travel lanes to the standards required for a main arterial highway to take care of the subdivision; these lanes could be modified for an overall design. Councilman Thorpe seconded the motion, carried unanimously. (b) Announcement of a joint meeting between the Council and the Planning Commission -re: Mobilehome Park situation has been set for June 29, at 7:00 P.M. UNFINISHED BUSINESS (a) City Attorney read urgency Ordinance No. 163 in full, an ordinance amending Ordinance No. 24 relating to business licensing. Councilman Thorpe offered Ordinance No. 163 for adoption. Roll call was taken. AYES: Councilman Thorpe, Bathgate, Chermak, Gammell and Forster. NOES: None. ABSENT: None. (b) Proposed City Budget for 1970-71 to be considered at Public Hearing on July 13. (c) Acceptance and recordation by resolution for Easement Deed from Tustin Land and Cattle Company clarified by the City Engineer re: architectural facade. It was stipulated they would have to come before the Architectural Board of Review first before any changes could occur. Councilman Chermak offered Resolution No. 70-6-22-1, a resolution accepting and ordering recordation of an easement deed on Camino Capistrano. Roll call was taken. AYES: Councilmen Chermak, Bathgate, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. WIC L COUNCIL REPORTS Councilman Bathgate Requested the Council allow him to be out of the country for the Council meetings scheduled for July 13 and July 27. Request granted. Councilman Chermak Made commend he was glad to see the abandoned car on the frontage road moved to the public right of way so that action may now be taken for its removal. Councilman Gammell Made inquiry re: status of gravel left on street in connection with street repair. Councilman Thorpe Reported he has scheduled a brief meeting June 25, with the appointed members of the Parks and Recreation Committee to get them started. Mayor Forster (a) Made inquiry for the possibility of obtaining theatre seats for the new council chambers. (b) Made comment of getting together with the Director of Public Works with his request for temporary help this summer in the road work. City Administrator related the fact that July 4 falls upon a Saturday, this being a normal holiday afforded the employees and thereby requested the City Council to give consideration for allowing Friday, July 3, to be observed. Councilman Thorpe made the motion to grant this consideration for the employees of City Hall to have July 3 off from work, seconded by Councilman Gammell, carried and so ordered. n-111 0 r,uw � The meeting adjourned at 10:38 P.M. to an Executive Session. The Executive Session adjourned at 11:40 P.M. to an adjourned regular meeting to be held on June 29, 1970 at 7:00 P.M. Respectfully su fitted nest A. Thompson City Clerk JUN 22W4