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70-0824_CC_Minutes_Regular Meeting340 AUGUST 24, 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, August 24, 1970, at 7:01 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. August 10, 1970, Minutes - Correct first sentence to read. "The City Council met at the old City Hall site, called roll and then adjourned to the new City Hall site." Also, correct typographical error "The Mayor recessed the Council meeting at 9:20 P.M." The minutes of August 10, 1970, were then approved as corrected. August 17, 1970 Minutes - Correct typographical error on Page 1 to read $104,299.10 instead of $104,299110. The minutes of August 17, 1970, were then approved as corrected. STAFF REPORTS City Attorney - John Dawson (a) Suggested considerations for future Council meetings - tape record the meetings for proper recording and receive written communications as informa- tional items and only have itemized on the agenda if subject to comment or decision by Council. Finance Director - Paul P. Lew (a) Reported he will be on vacation for two weeks starting August 31, 1970. (b) Submitted memorandum to the Council re: employee wage schedule. Discussion raised question of salary of City Administrator and City Clerk position. Mayor requested further discussion at an Executive Session. Director of Public Works - T. J. Meadows (a) Reported he had made contact with Mr. Ken Carr of the City of San Clemente re: striping machine and coordinating some type of rental agreement for its use. However, did make recommendation to purchase our own machine. Mayor commented there was a 15% to 20% utilization of the machine by San Clemente. Councilman Thorpe suggested acquiring the different times of the year the machine is most likely to be in use resurfacing the streets. It was also pointed out by the Mayor that he does not like to see duplication of capital equipment in the small radius of area involved between the two cities. AUG24197U 341 Minutes of the Meeting of August 24, 1970. Director of Public Works was directed to pursue the schedule arrangement of the striping machine to see if something can be worked out with San Clemente. (b) Reported Lattimer Landscaping had given an estimate of $330 for auto- matic sprinklers if the city crew makes the bore. Recommended authorization to have Lattimer Landscaping proceed with the acquisition of the automatic sprinklers. Councilman Bathgate moved to uphold the recommendation, seconded by Councilman Gammell, carried unanimausly,so ordered. (c) Reported he was in receipt of a copy of the merger re: the two natural gas distributing companies of the Pacific Lighting System. The name of the merged company is Southern California Gas Company. Upon motion of Councilman Bathgate, it was moved that the City of San Juan Capistrano acknowledge the receipt of a letter of August 14, 1970, in compliance with the requirement of "Section Seven, (e)" of Ordinance No. 33 and order the same filed for record, seconded by Councilman Thorpe, carried unanimously. (d) Sully -Miller reconstruction in the City should commence tomorrow. (e) Councilman Bathgate questioned the status of the Trabuco Bridge design. Mr. Meadows stated design has been completed and has been sent to the Bureau of Public Roads in Washington for their approval and will report to Council when he hears from them. City Engineer - John Pierce reporting for Jack Y. Kubota (a) Construction proceeding on Alipaz of the three mobilehome parks. (b) Westport proceeding with construction on model homes. (c) Plan checking - Tract 7183 completed (Westport); Tract 7182 being worked on (Westport); Tract 7221 commenced (Trans -United Investment Co.); and L.U.P. 70-104 (Becton -Dickinson). (d) Has made contact with the school district re: 1911 Act and will be in touch with the Mission also re: this subject. (e) Continuing work on Las Ramblas interchange. City Planner - Robert K. Johns Informed Council of the scheduled joint session between the Planning Commission and the City Council on Monday, August 31. Was in receipt of a letter from Mr. Berry of the University of Southern California School of Architecture. Mayor directed the City Planner to contact Mr. Berry to consider giving a presentation to the joint session. AUG 24i970 342 PUBLIC HEARING R7 70-105 (McKeon - Gannon) Letter from McKeon Construction made request for the Public Hearing to take place, however, no decision to be made until the next regular Council meeting on September 14, 1970. City Planner commented it was the Planning Commission's recommendation that the Public Hearing take place. Legal counsel clarified Public Hearing should be on what is presented and not something new which might be brought in later. Stated rezone does not include engineering, planning, etc. - only a matter of land use. Public Hearing was declared open. Mr. Newberry addressed the Council, stating they are in the process of reviewing possible drainage costs. City Planner gave brief presentation stating Planning Commission recommend rezone provided no further encroachment into C2A commercial frontage. No one spoke against the rezone. The Public Hearing was declared closed. Councilman Chermak moved to honor the request of the applicant for having no decision made by Council until the September 14, 1970 meeting, seconded by Councilman Bathgate, carried and so ordered. WRITTEN COMMUNICATIONS (a) Letter from YMR Development Company re: request for waiver of improve- ments for D.L. 70-104. Staff was not prepared to give presentation at this time. Mr. Paul Voder acknowledged YMR Development was anxious to have decision as soon as possible. Mayor directed staff to prepare a presentation for an adjourned meeting of Council on August 31, 1970. (b) Letter from League of California Cities requesting a voting repre- sentative from the City at the Annual League Conference in San Diego, October 25 - 28. Mayor directed this item to be brought up under unfinished business for the next regular Council meeting. (c) Letter from League of Cities re: General Meeting to be held at Anaheim, August 27. Any of the Council members wishing to attend were requested to inform staff for reservations. ORAL COMMUNICATIONS (a) Letter from Mr. Bill Silzle, President of the Independent Protective Order of Taildraggers, Inc. Mr. Silzle addressed the Council to explain the proposed fly -in scheduled for September 12 and 13 at the San Juan Capistrano Airport. Made request for the civic organizations to participate in food and coke concessions. Also stated the Explorer Air Scouts will be helping in control of traffic on the field. City Planner stated conditions are covered under the AUC -241970 348 Minutes of the Meeting of August 24, 1970. conditional use permit, as pertains to use of the airport, therefore required Council approval of the proposal. Council stipulations concerning the event were as follows: (1) Orange County Sheriff's Office to be notified of the additional traffic burden and to assist in control; (2) Mobilehome Park owner and other business owners in the airport industrial area to be notified by Mr. Silzle of the fly -in; and (3) Permission granted to cover No Parking signs on Calle Perfecto for the two day event. Councilman Gammell made the motion to approve, subject to the stipula- tions specified, seconded by Councilman Thorpe, carried and so ordered. (b) Mr. Bruce Winton, President of the Chamber of Commerce, addressed the Council to request permission to hold a Flea Mart on Saturday, September 19, 1970, from 8:00 A.M. to 7:00 P.M. Councilman Thorpe moved to approve the request, seconded by Councilman Chermak, carried unanimously. COMMITTEE REPORTS Councilman Chermak stated the brochures of the City being put out by the Chamber of Commerce are coming along very nicely. Mr. Winton stated the brochure data will be sent to all Councilmen. PLANNINGrCOMMISSION MATTERS (a) Chairman of the Planning Commission addressed the Council concerning the appointment of George W. Riley to the Architectural Board of Review and the Site Plan Review Committee. Discussion followed concerning staff membership of committees versus lay members Councilman Bathgate moved to accept the appointment of Mr. Riley and that the City Planner will be secretary to these committees, seconded by Councilman Gammell, carried and so ordered. Referred the membership question to the Planning Commission for recommendation. (b) Recommended street name for City Hall - Paseo de la Ciudad was considered by the Planning Commission. No decision was reached and will be taken up at the next regular meeting. Anyone with suggested names were requested to submit them to staff. (c) Gave recommendation for denial of petition re: closing of Via Los Pajaros. Mayor abstained himself from any discussion or decision on this subject due to possible conflict of interest. Council discussion covered impact and possible alternatives and lack of substantive reasoning. Councilman Thorpe questioned the validity for denial of a Public Hearing as requested in the petition. Councilman Chermak moved to deny the petition for a Public Hearing, seconded by Councilman Gammell, carried 2 to l with Councilman Thorpe voting Noe and Mayor Forster and Councilman AUG 2 41970 Bathgate abstaining. UNFINISHED BUSINESS (a) Councilman Bathgate moved to read by title only the second reading of Ordinance No. 166, seconded by Councilman Gammel, carried. Legal counsel read Ordinance No. 166 by title only. Councilman Bathgate then offered Ordinance No. 166 - creating a Parks and Recreation Commission, establishing procedures and prescribing its duties. Roll call was taken. AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. (b) Legal counsel read in its entirety urgency Ordinance No. 169. Councilman Chermak offered Ordinance No. 169 re: regulating the use of motor driven vehicles on private property. Roll call was taken. AYES: Councilmen Chermak, Bathgate, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. / (c) Al Rabalais gave presentation of re -draft of park dedication re: 4.9 acres on east side of Camino Capistrano for the Westport project. New agreement was submitted to Council. Councilman Chermak offered Resolution No. 70-8-24-1 authorizing the execution of the agreement. Roll call was taken. AYES: Councilmen Chermak, Bathgate, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. U Councilman Thorpe offered Resolution No. 70-8-24-2 re: developer to pay costs for drainage easement. Roll call was taken. AYES: Councilmen Thorpe, Bathgate, Chermak, Gammell and Forster. NOES: None. ABSENT: None. Councilman Bathgate offered Resolution No. 70-8-24-3 re: Westport to install automatic safety devices at west side of railroad at Oso Road. Roll call was taken. AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. (d) Issue of "No Parking" on Calle Perfecto was discussed at length by the Council with members of the audience from the industrial involved participating in the discussion. Mayor requested no action be taken on the petition submitted from the industrial area at this time. Made suggestion to have the petitioners appoint a spokesman to meet with Councilmen Chermak and Thorpe to go over the issue. ADJOURNMENT The meeting adjourned at 9:55 P.M. AUG2 4 r3/0 34 AUGUST 24. 1970 ADJOURNED REGULAR MEETING The adjourned regular meeting of the City Council reconvened at 10:05 P. M 1. Appointment of City Attorney Councilman Chermak moved to appoint Mr. James Okazaki as City Attorney for the City of San Juan Capistrano. Appointment to be reviewed prior to the next fiscal year. Motion was seconded by Councilman Batngate and carried unanimously. Mayor directed staff to notify the other applicaftts reviewed of the Council's decision. Councilman Chermak moved to retain Mr. Dawson as special counsel to finish the litigations now in process, seconded by Counciiman Thorpe, carried and so ordered. 2. Council Reports Councilman Bathgate Made inquiry re: Ganado design and construction. Appointment of a Design Engineer will be made at the next adjourned regular meeting, which is a joint meeting between the Council and the Planning Commission. Finance Director was directed to secure brochures and pricing on sliding panel tracks for installation of maps in the Council Chambers. Councilman Chermak Suggested a proposed ordinance to prohibit new construction on Sundays which would help to do away with unauthorized work. Referred to new City Attorney. Mayor Forster Instructed staff to contact Mr. Grace and Mr. Just to present their views for a Police Department Study. An early work session was set for 6:00 P.M., Monday, September 14, 1970, to hear their presentation. ADJOURNMENT The meeting adjourned at 10:34 P.M. Respectfully subiotted, Acting C*ty Clerk AUG 2 4 7970