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71-0412_CC_Minutes_Regular Meeting439 April 12th, 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, April 12th, 1971, at 7:23 P.M. in the Council Chambers of the City Hall, with Mayor Forster presiding. It was noted for the record that due to a Water Board meeting, the Council meeting was late in getting started. 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. The Mayor and members of the Council welcomed the newly appointed City Administrator, Mr. Donald G. Weidner, to the City staff as well as to the community. Correct the Minutes of March 22, 1971 - under Staff Reports, Director of Public Works, item #3 - Requested City Engineer and Director of Public Works be authorized to cause to perform the railing modification under force account. The Minutes of March 22, 1971 were then approved as corrected. There was a motion by Councilman Bathgate to have all ordinances and resolutions for this meeting read by title only, seconded by Councilman Gammell, carried unanimously and so ordered. PUBLIC HEARING Weed Abatement The Mayor declared the Public Hearing opened on Weed Abate- ment. There were no speakers for or against the proposed weed abatement. The Mayor declared the Public Hearing closed. Councilman Chermak offered Resolution No. 71-4-12-1 - finding and determining that no objections were made to the proposed weed abatement. Roll call was taken - AYES: Councilmen: Chermak, Bathgate, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. PUBLIC HEARING Del Obispo Street City Engineer clarified the request of the Planning Commission for the Council to hold a Public Hearing on Del Obispo Street. They gave a recommendation for a reclassification from a pri- mary arterial highway to a secondary collector. Also related the background of the proposed amendment to the precise align- ment of Del Obispo. The Mayor then declared the Public Hearing opened. Mr. Pearce from Thunderbird Homes addressed the Council and questioned which plan was the City taking under consideration. City Engineer showed the map relating to the County's plan as well as the City's intent to build Alipaz Street to the Coast Highway. Mr. Charles Vermeulen spoke to the Council and stated he did not oppose the realignment. The Mayor declared the Public Hearing closed. Clarification -1- APR 121971 140 COUNCIL MINUTES - April 12", 1971 was made by the City Engineer as to the width of the extension of Del Obispo. Councilman Chermak offered Resolution No. 71-4-12-2 - changing the classification of Del Obispo Street from a primary street to a secondary street for the limits of the south City limits to the intersection of Del Obispo Street and Aguacate Road. Roll call was taken - AYES: Councilman: Chermak, Bathgate, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. Councilman Gammell offered Resolution No. 71-4-12-3 - that the , precise plan of Del Obispo Street be amended to accomodate the above described change in classification and the adjustment of the centerline location resulting from the reduction in the right of way width from 104 feet to 84 feet. Roll call was taken - AYES: Councilmen: Gammell, Bathgate, Chermak, Thorpe and Forster. NOES: None. ABSENT: None. STAFF REPORTS City Administrator Donald G. Weidner Offered his recommendation to have staff reports submitted to Council once a month. The City Administrator received approval to try out a different type of format for the agenda. City Attorney James Okazaki Assignment of Times-Mirror Cable TV Franchise. Councilman Thorpe raised the question re: 2% stipulation owed the City as stated in Ordinance No. 149 from the other C.A.T.V company. No action was taken regarding the assignment of Times-Mirror until payment is made to the City from the other cable TV company. Director of Public Works T. J. Meadows 1. Reported a 10% grant increase for project WPC -CAL -475 (Oso Sewer) amounting to $4,920 is available to the City. Councilman Bathgate offered Resolution No. 71-4-12-4 authorizing the Director of Public Works to accept the offer from the Environ- mental Protection Agency for the 10% increase in the Federal Grant for Project WPC -CAL -475. Roll call was taken - AYES: Councilmen: Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. 2. Reported on excess flood control property on Alipaz Street (Parcel L02-103.6) for sale by the County and the possible purchase of it by the City for park purposes. This was referred to the Parks & Recreation Commission to review and make recommenda- tion to the Council. The Director of Public Works was directed to contact Mr. Thomas Galvan of Real Property Services for the County of Orange to request a hold on the property until decision -2- APR 12 1971 441 COUNCIL MINUTES - April 12th, 1971 is made by the Council. This item to be brought up on the next agenda of Council. 3. Related inquiry made by the Nieghborhood Youth Corps, office as to the City's interest in participating in their summer youth employment program. Discussion concluded that the major re- quirement would be supervision, however, the Council was unanimous in that they felt the investment would bring a good return. Councilman Thorpe moved to uphold the recommenda- tion of the Director of Public Works to survey each department for the possible need and use of these young people. Also, he will make contact to the local office of N.Y.C. for a detailed study of their program. The motion was seconded by Councilman Chermak, carried and so ordered. 4. California Water Pollution Control Conference scheduled for April 21-24. Councilman Thorpe moved to approve the attend- ance at this conference by the Director of Public Works and the Treatment -Plant Operator, seconded by Councilman Gammell, carried unanimously. 5. Reported that San Diego Gas & Electric Company has given a quote of $2,909.00 to raise the high-voltage power lines crossing San Juan Creek at the location of the proposed La Novia Bridge. Councilman Chermak moved to authorize the Director of Finance to prepare a warrant for this amount to be issued to San Diego Gas & Electric Company and to authorize the Director of Public Works to notify them to raise these power lines as soon as possible, seconded by Councilman Bathgate, carried unanimously and so ordered. City Engineer Jack Y. Kubota 1. Tracts 4678 and 5125 (Darmi, Inc. - subdivision in the area of Camino Los Ramblas). Gave clarification to the street lighting energy charges for the two subdivisions as it relates to the exoneration of the bonds. Councilman Chermak offered Resolution No. 71-4-12-5 approving the assignment with Boise Cascade Building Company for our claim for street light energy charges payable for Tracts 4678 and 5125 and exonera- tion of Bonds 0790-64 and 0794-64. Roll call was taken - AYES: Councilmen: Chermak, Bathgate, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. 2. Reported his office is now in the process of pursuing ease- ments for the Los Ramblas interchange. City Administrator Donald G. Weidner 1. Recommended approval from temporary status to permanent employment for Ann Kiddeli - merit increase to Range 17, Step 2. Councilman Thorpe moved to approve the recommendation, seconded by Mayor Forster, carried and so ordered. Comment was made by -3- APR 121571 X42 COUNCIL MINUTES - April 12th, 1971 the City Administrator that he felt a personnel ordinance should be established. 2. Requested Council take action to relieve Robert K. Johns as Acting City Administrator, effective April 12th, 1971, and appoint him as Acting City Clerk. Also, official appointment of Donald G. Weidner, effective April 5th, 1971, as City Administrator. Councilman Thorpe offered Resolution No. 71-4-12-6 appointing Donald G. Weidner as City Administra- tor. Roll call was taken - AYES: Councilmen: Thorpe, Bathgate, Chermak, Gammell and Forster. NOES: None. ABSENT: None. 3. Reported on the activities of the office of City Administrator for the past week. Has met with staff department heads; discussed budget; agenda format; reivewed the Grace Police Study; has set up an appointment with Sheriff Musik; and has scheduled field trips with Director of Public Works and City Engineer. Apprised Council of a meeting he had with the Chairman of the Planning Commission, Gerald Gaffney re: Flood Control Corps. of Engineers Report. Made suggestion for investigating the soil conservation agencies to accomplish a Federal Flood Control Project. Council suggested this could be a possible inclusion in the 1971-72 budget with a possible fruition in five years. The Council greatly appreciated Mr. Weidner's interest in pursuing this project. 4. Informed the Council that hopefully a written report will be ready re: the Grace Police Study for the Adjourned Regular Meeting of Council scheduled for Monday, April 19th, at 6:00 P.M. WRITTEN COMMUNICATIONS 1. Letter of request from the American Legion Post 721 to sell fireworks from June 25th through July 4th. Councilman Thorpe moved to approve the request, seconded by Councilman Bathgate, carried unanimously and so ordered. 2. Letter from Mr. Steve Grozik of Continental Can Company, Inc. regarding the Council's passage of Resolution No. 71-3-22-3 on non -returnable containers. Mr. Grozik addressed the Council stating his opposition to this discrimination and aired his viewpoints as to what would happen if this bill were passed by the state legislators. Councilman Thorpe reiterated his stand of the previous resolution. Council agreed to review the resolution, particularily paragraph (d) and have its re-evaluation by the April 26th meeting of Council, under New Business. 3. Letter from Col.Stafford of National Aeronautics and Space Administration thanking the members of Council and staff for sending the congratulatory telegram to the Apollo 14 crew. -4- APR 121971 COUNCIL MINUTES - April 12th, 1971 443 UNFINISHED BUSINESS Mayor stated that no appointee has been selected as yet to the Orange County Health Planning Council. Supervisor Battin's office to be so informed if no appointment is made. NEW BUSINESS Three letters from the Chamber of Commerce San Juan Beautiful Committee, San Juan Historical Society and Mission Hills Homeowners Association re: the City's sign ordinance. The Director of Planning gave background to the sign ordinance and stated his recommendation to the Planning Commission will be to request these three organizations to review the sign ordinance (since Ordinance No. 115 is now in the process of re -organization). WARRANTS (Demand List) Councilman Chermak moved to approve Warrant #5845 through 5925, excluding Warrant #5897 (temporary easement agreement with Mr. Swanner - $600.00) totaling $46,350.79, seconded by Councilman Gammell, carried and so ordered. It was directed by Council to notify Mr. Swanner that the City is no longer in need of the temporary road easement. The meeting adjourned at 10:04 P.M. and reconvened at 10:12 P.M. COUNCIL REPORTS Councilman Batheate Requested the orange trees be taken out at the City park site since they are dying. Council conclusion was to remove the trees but will wait for Parks & Recreation Commission's recommendation. City Engineer to submit a report on trees. Councilman Chermak 1. Reported committee on Airport refund is still in process. 2. Made inquiry to the Council as to the possibility of inviting the Fluor Corp. down to the San Juan Capistrano area to inspect it for a possible site for their location. At this time, it was brought up that a letter of request for extension of a Land Use Permit has been received by Becton -Dickenson. It was directed that the City Attorney review Senate Bill #23 in relation to the answer for this request. Councilman Thorpe voiced his opinion that it might possibly come down to the decision whether the City wants tourism or large industry to prevail. 3. Golf Course - commented for the Council to think over the possible purchase of the San Juan Hills Country Club rather than having it purchased by developers. Stated the City of San Clemente makes money on their City owned golf course. Also, it could be a possible future civic center site or recreational facility. Staff to research for federal fund acquisition. -5- APR 121;1 444 CUNCIL MINUTES - April 12th, 1971 Questioned Westport's occupancy of the City owned Round House. It was suggested a possible use for it would be a tourist bureau run by the Chamber of Commerce. It was referred to City Attorney to review legal agreements in force. City Engineer raised the question that the continued use by Westport in occupying the Round House as their construction office might tend to expedite their upcoming 4tb subdivision. Councilman Thorpe 1. After requesting the possible planting of trees for screening for the rear of the Public Works Building, Council was informed this had been completed today. 2. Would like to have more information re: Scenic Highway zone for Ortega Highway. 3. Requested the possibility of having the Engineer for Del Obispo put in a bicycle trail. 4. Commented the bridge over Trabuco Creek (Del Obispo Bridge) is so narrow as to be unsafe. It was stated by City Engineer that A.H.F.P. funds from the county will be available for the pro- jected widening of this bridge. 5. Asked if the City is going to pursue annexation of Dana Point and Capistrano Beach. Director of Planning commented a sphere of influence map has been requested by L.A.F.C. Mayor Forster 1. Requested flag review be brought up at the next meeting re: sales offices. 2. Councilman Bathgate and Councilman Chermak will review the Chamber of Commerce brochure. 3. Action was not taken by the Council re: Resolution from the City of Anaheim on Operation Alert, anti -communist endorsement conference to be held in May. 4. Suggested the staff review the proposed 1300 acre dump site (400 acres of which are located in San Juan Capistrano) scheduled to fill waste needs for the next 50-100 years. 5. Announced the League of California Cities Convention is scheduled in Sacramento May 10th - 12tb. _ 6. Commented on the last League meeting re: Harbor District. The vote ran 18 to 3 to support dissolution of the Harbor - San Juan Capistrano voting against the dissolution. 7. Instructed the Planning Commission and the City Engineer to do a study on the Flood Plain Zoning Controls. Councilman Chermak questioned research of responsibilities for the Flood Control since they are a separate taxing agency. ADJOURNMENT The Council adjourned at 11:07 P.M. to an Executive Session. The Executive Session adjourned at 11:30 P.M. to an Adjourned Regular Meeting set for Monday, April 19th, 1971 at 6:00 P.M. Res ctfu 1 mitted, obert Johns Acting ity Clerk APR 121971