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70-0810_CC_Minutes_Regular Meeting329 AUGUST 10, 1970 REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO The City Council met at the old City Hall site, called roll and then adjourned to new City Hall site. The meeting at the new City Hall site was called to order at 7:07 P.M. by Mayor Thomas A. Forster. COUNCILMEN PRESENT: Chermak, Gammell, Thorpe and Forster. COUNCILMEN ABSENT: Bathgate. The meeting opened with the pledge of allegiance. There was a correction to the minutes of July 27, 1970. On page 5, Item (f), add: "Mr. Birnbaum of the Viking Company was in the audience and addressed the Council. He stated the City Administrator, Mr. Thompson, directed him to pay for all fees and permits." The minutes of July 27, 1970 were then approved as presented. Councilman Thorpe at this time brought up the question of changing the Water Board meetings to the same nights that Council meets - suggested having the Water Board meet from 6:30 to 7:30 P.M. and the Council to meet from 7:30 to 11:00 P.M. Councilman Chermak was adamently opposed to meeting after the City Ordinance time designation of 10:00 P.M. Legal counsel clarified the City's Ordinance stipulation of specifically stating the Council meetings are from 7:00 P.M. to 10:00 P.M. Suggestion of meeting every Monday night was proposed, if the amount of business the city needs to take care of cannot be handled at the present two meetings per month. No decision was reached by the Council. STAFF REPORTS City Administrator - Ernest A. Thompson (a) Reported the Leukemia Society proposed door to door fund raising campaign from September 26 through October 5, 1970. Councilman Thorpe moved to grant the request, seconded by Councilman Gammell, carried and so ordered. (b) Reported there were no items re: City concern on the agenda of August 12 of the Board of Supervisors for Orange County. (c) Commented on request of dissolution of the Capistrano Maintenance District No. 1 - to record the dissolution and delete from the tax roll. Legal opinion stated this could be done by resolution but that he would like to research and have a brief report for Council at their next meeting. AUG101970 _) 3 0 (d) Requested Council to direct the Planning Commission to select an appropriate street name for the access road to the temporary City Hall site. So ordered by Council. The Mayor stated that ratification would be at Council level, however. (e) Requested Council consideration of protests from property owners in the Misner tract as to the amount of horses per lot and acre. Stated that Land Use has investigated and that the protest was based on a health factor and zoning violation. Question was raised as to how to follow through with corrective action for violations against the ordinance re: density of horses. Legal opinion stated that citations could be given by the Sheriff's office. A motion was made by Councilman Chermak to follow through with legal opinion, seconded by Mayor Forster. However, Councilman Thorpe suggested City Administra- tor give one more notice to correct the situation by contacting the offending parties. Mayor Forster withdrew his second to the motion at this time in order to go along with Council consensus and have the City Administrator report back to the Council in four weeks. (f) Made request for recruiting personnel to fill six positions requested in the budget. Discussion followed - conclusion being that Council members could sit in on any interviews. Councilman Gammell moved to have the City Administrator authorized to recruit additional personnel to fill the six posi- tions, seconded by Councilman Thorpe, carried 4 to 0. (g) Termination of lease of sub -station yard from San Diego Gas & Electric effective September 1, 1970. Councilman Thorpe moved to terminate the lease and request refund per rata, seconded by Councilman Gammell, carried and so ordered. City Attorney - John H. Dawson (a) Councilman Chermak offered urgency ordinance amending Ordinance No. 135 designating the meeting place for City Council. Roll call was taken - AYES: Councilmen Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: Councilman Bathgate. (b) Reported he had filed an answer to Mission Outdoor Sign, Inc.- he will be hearing from the Court in due time and will apprise Council of status. (c) Has drafted a resolution declaring eminent domain re: Westport drainage. Mr. Hall Seely, Attorney, representing Westport, addressed the Council and stated that acquisition is necessary. Mr. Al Rabalais gave a presentation to the Council as to what has been decreed by the Planning AUG 10 Minutes of the Meeting of August 10, 1970. Commission. Stated they have been unable to purchase easement from the Loftus property. Mayor commented that if the developer reimburses the city, then eminent domain proceedings could begin. Councilman Thorpe questioned Council procedure for eminent domain and that the Planning Commission should have a voice in recommendation or suggestions, even though decision would come from Council level. Legal counsel read resolution of acquisition of real property for condemnation proceedings of easement for drainage purposes. Councilman Gammell offered Resolution No. 70-8-10-1, carried and so ordered by a 4 to 0 vote. Councilman Thorpe moved to solidify the agreement between the City and the developer, that the developer will bear the cost of eminent domain proceed- ings, seconded by Councilman Gammell, carried unanimously and so ordered. City Engineer clarified requirement of subdivision Tract 7160 re; railroad crossing - developer agreed to be a participant for improvement. PUBLIC HEARING Precise Alignment of La Novia City Administrator explained Planning Commission's recommendation of denial (Planning Commission Resolution No. 70-7-7-1). City Engineer gave an oral presentation stating the precise alignment for La Novia was from Ortega Highway to San Juan Creek only. Pointed out that the Master Plan of Streets & Highways adopted by the City in 1962 showed the area for the La Novia location. Also stated there had been objections at Planning Commission level opposing what he considers a good precise alignment. The Mayor declared the Public Hearing opened. No one came forth to speak in favor of the precise alignment of La Novia. Those who spoke in opposition were - Mr. Howard Greenlee, Dean Hess, Olen Dozier, Fred Boucher and E. L. Christiansen. Mr. Christiansen gave his presentation to the Council showing a grade of 6% to fit the topography of the City, stating the present proposal of the precise alignment is not feasible grade wise. Stated also the commercial properties would be dramatically affected. Appealed to the Council to put road where it will best serve the City. Lengthy discussion was entered into by each member of the Council. The Director of Public Works, Mr. Meadows, told the Council that the deadline date for start of construction on the Ganado Bridge is September 15. Otherwise, the $62,000 allocated by the Federal Government will have to be returned since this was the extension date. Councilman Chermak moved for postponement of a A ": G i 0 IS 70 332 decision on the precise alignment of La Novia until Council has had an aerial view of the land in question, seconded by Councilman Gammell, carried 4 to 0. The Mayor recessed the Council meeting at 9:20 P.M. - Meeting reconvened at 9:30 P.M. WRITTEN COMMUNICATIONS (a) Letter from Local Agency Formation Commission re: Orange County Transit District received by Council and filed. (b) Petition from the homeowners of the Casas Capistrano re: request to have a public hearing on the proposed closing of Las Pajaros Street. Mr. Wilken addressed the Council stating the viewpoint of why they are making this request. Legal opinion suggested investigation by staff, Engineering, Planning and public utilities, before a formal Public Hearing is set. City Engineer commented that the Westport people have revamped the entire projection of tentative tract map 7252 and suggested the homeowners take a look at it. Councilman Chermak questioned what the opinion of the fire marshal would be if the street were closed. Staff was directed to pursue what the regulations are from the fire marshal's standpoint. Councilman Thorpe suggested the homeowners attend the Planning Commission work session scheduled for the following evening to make their interests known to the commission and recom- mendation to the Council can come from that level. (c) Councilman Gammell moved to approve Change Order 3 and 4 from the Viking Company, seconded by Councilman Thorpe, carried and so ordered. (d) Legislative Bulletin from the League of California Cities received and filed by Council. (e) Public Utilities Commission Case No. 9095 relating to railroad grade crossings received as informational. (f) Letter from Alton E. Allen enclosing copies of ordinance adopted by the county re: unlawful for motor vehicles, such as motorcycles, mini bikes, dune buggies, etc. to be riden on private property without the owner's written consent. Mrs. Marilyn Williams addressed the Council to relate that this is a very definite problem to the outlying areas of the City. Councilman Thorpe offered Ordinance No. 169, adopting by reference the Orange County Ordinance No. 2410. ` .2— (g) Letter of request from Mr. Edward G. Kopp re: instituting a 1911 Act for road improvement from Mission Street north for approximately 1300 feet; also, relief from installation of storm drain as outlined on the Master Drainage Plan AUG 10197U 333 Minutes of the meeting of August 10, 1970. $-10 =Z and placement on an interim drain instead at this time. City Engineer was of the opinion the request was proper since it is a small area involved, recom- mended ornamental lighting be included though. Mr. Newhardt of the school board of trustees addressed the Council and stated they are willing to consider the improvement along the easterly side of Camino Capistrano. Legal opinion suggested a resolution be offered to appoint an engineer to work to consider the school district and the Mission. Councilman Thorpe offered Resolution No. 70-8-10-2, appointing the City Engineer, Jack Y. Kubota, as a consulting Engineer and was directed to contact the other two parties involved. Roll call was taken - AYES: Councilmen Thorpe, Chermak, Gammell and Forster. NOES: None ABSENT: Councilman Bathgate. Councilman Chermak then moved to grant the request of the installation of an interim drain, seconded by Councilman Thorpe, carried 4 to 0. (h) Park dedication re: Westport project. Mr. Al Rabalais addressed the Council giving presentation as to what they propose and the phases projected. Council disucssion was in favor of accepting the park parcels shown. Legal Counsel requested deed of conveyance containing legal description. Also, Mr. Rabalais will draft an agreement to accompany the deed. ORAL COMMUNICATIONS (a) Mr. Dave Weeks of Inca Plastics was recognized by the Council re: "No Parking" signs posted on Calle Perfecto. Councilman Chermak stated this action was taken due to a tremendous traffic hazard of on -street parking. Mr. Weeks presented the Council with a signed petition of 30 names opposing this action. It was pointed out that the original intent was not to park on the streets since there was a waiver of curb and gutter installation. Members of the Council will look at the area involved and bring back for discussion at the next meeting. (b) Letter of request for determination by Council of drainage fee assess- ment before the scheduled rezone hearing on RZ 70-105 (McKeon) is heard on August 24. Mr. Don Gannon addressed the Council stating the rezoning is necessitated by a specific use contemplated by the McKeon Company, but that if the McKeon Company is unable to develop the develop the property due to drainage problems, they would prefer the land not to be rezoned. After Council discussion with the City Engineer joining in, the Mayor directed Councilman Chermak and the City Engineer to meet with Mr. Gannon on Friday at 4:00 P.M. AUD10 1970 33 to go over the particulars. Legal opinion stated that postponement of the August 24 rezone hearing can be done at that time to whatever time designation is desired by Council. (c) Landscaping Plans for Public Works Building were submitted by three companies - Mr. Jerry Lattimer of Lattimer Landscaping gave presentation to the Council as well as Mr. Bob Payas of the Associates and Mr. Del Crumb of U.S. Landscape. Council will review. ADJOURNMENT Adjourned at 11:41 P.M. to an adjourned meeting at 6:30 P.M., August 17, 1970. Respectfully�submitte J Ernest A. Thompson City Clerk AUG10 hq;J