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71-0308_CC_Minutes_Regular Meeting431 March 8*h, 1971 REGULAR MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO The City Council of the City of San Juan Capistrano, Calif. met for a regular meeting on Monday, March 8u', 1971, at 7:13 P.M. in the Council Chambers of the City Hall, with Mayor Forster pre- siding. COUNCILMEN PRESENT: Bathgate, Chermak, Gammell, Thorpe and Forster COUNCILMEN ABSENT: None The meeting opened with the pledge of allegiance. Invocation was given by Mr. T. J. Meadows. Correct the Minutes of February 22, 1971 to read as follows: page 1, item #1, add utility companies to second sentence. On page 3, item #2 of Committee Reports, change second sentence to read, "This was referred to the City Engineer's office for assistance to the Committee in working out some solution." The Minutes of February 22, 1971 were then approved as corrected. There was a motion by Councilman Thorpe to have all ordinances and resolutions for this meeting read by title only, seconded by Councilman Gammell, carried and so ordered. STAFF REPORTS Acting City Administrator Robert R. Johns 1. Councilman Thorpe moved to approve the merit increases for Paul Lew, Ruth Marquard, Alfred Sanchez and Robert Thompson, seconded by Councilman Bathgate, carried unanimously. 2. Members of the Council felt it would be more beneficial to study the Law Enforcement Services Report by Mr. Richard Grace at budget time. The offices of City Attorney and City Administrator were requested to check out the original Grace agreement; Councilman Bathgate also to review agreement. 3. Feasibility Study re: annexation of Dana Point, Capistrano Beach is in draft stage and should be available by the next meeting. City Attorney James Okazaki Reported the hearing had been held on the sign dispute and that the judge professed it was not clear what had transpired in the status of record. He will be filing documents with the court and will keep Council informed as to its outcome. City Treasurer Alice Ross No report submitted from the City Treasurer. Director of Finance Paul Lew Councilman Gammell moved to approve for payment warrant numbers 5800 through 5844 totaling $110,455.55, seconded by -1- WAR 81971. - 33 COUNCIL MINUTES - March 8*b, 1971 (continued) Councilman Bathgate, carried unanimously and so ordered. Director of Public Works 1. Design of La Novie Bridge Progress Report. Mr. Elmer Christiansen addressed members of the Council. He stated the P.L. 91-79 has a cut off date of August 31, 1971 as opposed to the date of December 31, 1971. However, he ex- pects to set the bid opening date at the next regular meeting of Council, March 22, 1971, in order to qualify for the $125,000 reimbursement. Following the planned procedure, he feels the bridge can be completed by August 31, 1971. Councilman Thorpe offered Resolution No. 71-3-8-1 - upholding the recommendations as submitted by the Director of Public Works for design of the La Novia Bridge. The resolution authorizes: (1) notice be given S.D.G.&E. Co. to raise or relocate their high voltage transmission line as outlined in the status report; (2) authorizes City Engineer and City Attorney to prepare deeds for right of way acquisition and begin negotiations for the right of way; (3) authorizes City Attorney to file condemnation suits to acquire the necessary parcels so that they will be available by May, 1971; and (4) authorizes payment of the attached invoices as provided for in the contract. Legal descriptions to also be included. Roll call was taken - AYES: Councilmen: Thorpe, Bathgate, Chermak, Gammell, and Forster. NOES: None. ABSENT: None. 2. Councilman Bathgate moved to authorize the Director of Public Works to execute the Flood Control Permit No. 37970 to construct, maintain and operate a bridge structure over San Juan Creek Channel, seconded by Councilman Chermak, carried unanimously. 3. Reported the City Attorney feels the format for the weed abatement program should be changed this year. He will have this prepared by the next meeting. 4. Determination by his office turned down the request for restricted parking in front of the E1 Adobe on March 19th. 5. City Engineer gave presentation on proposed Council conference room. Approximate cost for change over would be $1,200. Councilman Bathgate recommended waiting until the new City Administrator comes in before any changes are approved. The existing work room was suggested as a possible location also for the Council. No action was taken at this time. 6. Councilman Chermak moved to uphold the recommendation of the Director of Public Works in accepting the proposal from the R. P. Duff Construction Co. in the amount of $1,500 for demolition of the building at the City Park site, seconded by Councilman Thorpe, carried unanimously and so ordered. 7. Reported paint striping crews from San Clemente will be at work in the City all this week. -2- MAR 81971 435 COUNCIL MINUTES - March 8th, 1971 (continued) 8. Council suggested a committee check out and give a complete review of sewer connection fees. Councilman Thorpe moved to uphold the recommended sewer connection fee for 9,080 sq. ft. for the Spaulding Equipment building from the Director of Public Works at $1,350, seconded by Councilman Gammell, carried and so ordered. It was pointed out that Mr. Spaulding is to be reimbursed any difference if the committee feels a reduction in sewer connection fees is established. 9. City Engineer gave presentation re: the requirements of the state for parking on the Ortega Highway. Stated there would be two full lanes of traffic in each direction, with no parking on the south side and a 10 foot wide, 320 foot long parking on the north side of Ortega. Made recommendation to proceed with the work as presented; city crews to do the sandblasting and repainting. Councilman Bathgate moved to uphold the recommendation, seconded by Councilman Gammell, carried 4 to 1 with Councilman Thorpe voting noe as he felt it was a bad safety factor to establish. City Engineer Jack Y. Kubota 1. Made recommendation for exoneration of Bond #SCR -707-24-13 in Tract 6969 (Troy Homes). Councilman Bathgate made motion to approve, seconded by Councilman Thorpe, carried unanimously. 2. Made recommendation of acceptance of public improvements for L.U.P. 69-117. Councilman Chermak moved to accept im- provement of Alipaz Street from Del Obispo Street southerly to the south boundary of the new mobile home park developed by U.S. Financial Corp., seconded by Councilman Bathgate, carried and so ordered. COMMITTEE REPORTS Mayor announced the appointment of the new City Administrator, Mr. Donald G. Weidner. The offer extended to Mr. Weidner will be a salary of $16,500, a $90.00 a month car allowance for using his own transportation and a maximum of $1,000 to move him from Manteca to this area. The Mayor stated his duties will be as City Administrator only and that Mr. Weidner will review the office of City Clerk as to his decision in taking over this office at no added cost. Council- man Bathgate moved to extend the invitation as outlined by the Mayor, seconded by Councilman Thorpe, carried unanimously. PLANNING COMMISSION MATTERS 1. Council set March 22, 1971 as date for the second public hearing on RZ 71-101 (Quail Valley). Council requested Chairman of Planning Commission be present to give original intent. -3- MAR 81971 COUNCIL MINUTES - March P, 1971 (continued) 437 2. Question raised re: architectural control in remodeling of structure in C -1H District (Swartout). City Engineer clarified intent of Planning Commission in its questioning. PARKS & RECREATION COMMISSION Westport Park Plans - Council directed the Commission give full review to original agreement with Westport. UNFINISHED BUSINESS 1. Special Districts Study Committee Report discussion con- cluded with feeling in accord with intent of the League to move in direction of doing away with certain dual capacities. Councilman Bathgate moved to endorse the report with the qualification that the City Council understands the specific recommendations relating to specific districts are intended as suggestions for study of examples where possible simplifi- cation and responsiveness of local government can be improved, seconded by Councilman Thorpe, carried unanimously. 2. Waiver of Improvements - Solag Disposal Company to be held over. City Engineer gave an oral report on request for waiver from Ted. Kopp. Recommended agreement of waiver for a one year period and at that time, determination can be made re: 1911 Act. Gave recommendation to also approve request of waiver for George Spaulding. Stated a cash deposit, letter of credit or performance bond be given to the City by the applicants. Councilman Chermak moved to have the City Attorney's office prepare the necessary documents for acceptance at the next regular meeting of the Council. City Administrator's office to keep records, however, City Engineer's office will keep tab on the time re: completion of work. Motion was seconded by Councilman Bathgate and carried unanimously. NEW BUSINESS 1. Letter of request for $100 donation from the City for sponsorship of the Sweepstakes Trophy by the Fiesta Association. Mrs. Douglas Walton displayed to the Council a similiar replica of the trophy. Councilman Thorpe moved to contribute $100, seconded by Councilman Gammell, carried and so ordered. 2. Letter from Christiansen & Associates re: reimbursement agree- ment of highway and sewer main facilities in vicinity of Avenida Aeropuerto. Mayor stated this be referred to staff along with the two Councilmen who were on the Council at the time of the original agreement in 1967 as resource to uncover the original intent of the agreement. The Council directed a full report come from the offices of the City Administrator, City Attorney, Finance Director and City Engineer. Mr. Christiansen pointed out that the good faith of the agreement with the City stated the developer was to be reimbursed by the City absorbing some of the cost. Also stated the figures he -4 MAR 819,'1 COUNCIL MINUTES - March 801, 1971 (continued) X39 used in his report are certainly open for city audit. Staff to contact Mr. Ron Broaddus, Mr. Bruce Winton and Mr. Elmer Christiansen for this information. The City Engineer inter- jected at this point that Tentative Tract Map 7221 will be coming before the Council at the next meeting and as it now stands, has no requirement to participate in any cost of Aeropuerto as it now exists. 3. Letter from the Capistrano Unified School District re: pro- posed 1911 Act. Councilman Thorpe was appointed to the committee along with the City Engineer and the Director of Planning, chaired by Councilman Bathgate to meet with the school district Superintendent Truman Benedict. Aside from the topic of the 1911 Act proceedings,Committee was directed to generate discussion along the lines of the Council's first choice in acquiring a site for a future civic center - the school's athletic field. 4. Letter of request from the Chamber of Commerce for a $190 donation. Mr. Dennis Paquin addressed the Council re: specifics of the donation being used for an advertisement in the special Fiesta de las Golondrinas edition of the Coastline Dispatch. Mr. Paquin stated the Chamber is establishing a budget for the fiscal year and hopefully will not have to be coming to the City for requests during the year, but rather be included in the City's budget. Discussion entered into the question of the availability of the brochures for inspection of the layout and copy before it goes to press. Mr. Frank Winterbourne answered as a member of the Board of Directors with the Chamber of Commerce and stated this would become available to the Council to review before going to press. Councilman Chermak moved to contribute $90.00 to the request, seconded by Councilman Bathgate, carried unanimously and so ordered. COUNCIL REPORTS Councilman Thorpe 1. Questioned attendance of the appointee to the Orange County Mosquito Abatement meetings as being zero. Mayor will contact representative to request his attendance at some of the meetings. 2. Reported he will be offering a resolution at the next meeting re: urging state action for selling beverages in non -returnable containers. 3. Felt it was worth consideration by the Council to have money available for courses at universitys as compared to conferences. Requested a report from the City Administrator's office re: reactions on the part of the staff. Mayor Forster 1. April 6th has been set for the meeting of the Council and the -5- MAR 81971 COUNCIL MINUTES - March 8th, 1971 (continued) 431 consulting engineer, Lowry Engineering -Science, as well as the water districts, San Diego Gas & Electric Company and Southern Counties Gas Company to review the Flood Control Report by the Corps of Engineers covering San Juan, Trabuco and Oso Creeks. 2. Requested letter from Supervisor Battin re: appointee for hospital planning council be put on agenda for the next regular meeting of Council. ADJOURNMENT The meeting adjourned at 9:59 P.M. Respectfully submitted, Robert K. ohns Actlng Ci Clerk -6- MAR 81971