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70-0224_CC_Minutes_Regular Meeting��` FEBRUARY 24, 1970 REGULAR MEETING CITY COUNCIL OF CITY OF SAN JUAN CAPISTRANO The City Council of the City of San Juan Capistrano, California, met for a regular meeting on Tuesday, February 24, 1970, at 7:00 P.M. in the Council Chambers of the City Hall, with Mayor Edward S. Chermak presiding. COUNCILMEN PRESENT: Bathgate, Durnford, Forster, Olivares and Chermak COUNCILMEN ABSENT: None The meeting opened with the pledge of allegiance. Prayer of invocation was given by theCity Attorney, John Dawson. The following corrections were made to the Minutes of the meeting of February 9, 1970: Page 1 - Item (c) correceing the January 26, 1970 minutes. New Business, Item (e) is hereby rescinded appointing Mr. Paul Lew to the Retirement Board due to the fact that is is not for Council action to appoint a board member, but rather the employees belonging to the retirement program to vote for whom they want appointed. Motion was made by Councilman Forster, seconded by Councilman Bathgate, carried unanimously and so ordered. Page 3 - Item (b) add after Resolution No. 70-2-9-2 was read in full - A resolu- tion requesting the Board of Supervisors to initiate proceedings for the establish- ment of Orange County Waterworks District No. 4 as a subsidiary district of the City of San Juan Capistrano. The Minutes of the February 9, 1970, meeting were then approved as corrected. ANNOUNCEMENT: Public Hearing RZ 70-101 (Westport Enterprises, Inc.) set for this meeting has been rescheduled for the March 9, 1970 meeting of the City Council. STAFF REPORTS: Mayor reported the resolution by the Board of Supervisors re: Orange County Waterworks District No. 4 has been placed on their agenda for a Public Hearing set for March 18, 1970, 10:00 A.M., County Administration Building, Santa Ana. City Attorney Report - John Dawson Clarified declaration of financial assets over $10,000. The County Counsel and City Attorney's opinion is to file, however, not set forth actual amount of that asset. The Attorney General suggests actual cost be set forth. Mention was also made that assets of wife and minor children be included. The law at present is FEB 2 41970 for disclosure of assets over $10,000. Discussion ensued. A.B. #51 provides filing asset statement up to and including April 6, 1970. City Attorney will keep the Council apprised of any change in law re: this issue. City Attorney was questioned by Councilman Forster regarding access to city property for proposed City Hall site. Council expressed all that was needed was right of egress and ingress, rather than 50' easement. City Engineer made suggestion of preparing a sketch for the City Attorney to present to the Oyharzabal's attorney. Mayor suggested property owner should be informed of what is going to be expected re: improvements at such time as property is developed. Staff is to compile data and report to the Council in 2 weeks. Council directed City Attorney to issue contempt proceedings on the outdoor advertising billboard located southerly of San Juan Creek bridge. Finance Director Report: Paul Lew Reported the Gestetner quotation for a new machine was approximately $700. Sub- mitted a cost breakdown for copying machines and made recommendation for a Zerox machine to be installed. Council questioned maintenance, cost of paper, etc. Councilman Forster motioned to enter a lease agreement with Zerox for a 660-1 machine, seconded by Councilman Bathgate, carried unanimously. Councilman Forster also made recommendation to retain the SCM copying machine for emergency purposes. Submitted the list of demands for the month of February. Councilman Forster made a motion to approve for payment Warrant #4899 through 4952 in the amount of $33,167.29, seoncded by Councilman Bathgate. So ordered. Director of Public Works Report: T. J. Meadows Reported to the Council that when the Viking Co., contractors for the proposed City Hall site, began digging on the site for burying the fuel tanks, they ran into the old cement bottom from the trickling filter. Requested authorization to hire a loader/grader to break it up at an estimated cost of $400 to $500, so contract with the Viking Co. need not be amended. Councilman Forster moved to have the Director of Public Works negotiate for the dirt moving, etc., seconded by Councilman Bathgate, so ordered. Made a recommendation for annual merit increases for James Olivares (from $608 to $641) and Al Sanchex (from $575 to $608) and probationary review and placed on permanent status for Ruth Marquard (from $440 to $464). Also requested Ruth Marquard be reclassified to Steno -Secretary. Discussion by Council deferred any action until Personnel Director can review. Probationary review and placement on permanent status was also requested for Paul Lew (from $842 to $889). Council- man Bathgate moved to uphold the recommendation of the City Administrator, FEB241970 39 Minutes of the Meeting of February 24, 1970 seconded by Councilman Durnford carried. Appraised Council that the proposed Serra contract will be brought to the Council at the next meeting. City Attorney stated he will be sending a written analysis re: this issue to each of the Council members. Reported he will be meeting with the San Juan Beautiful Committee on Thursday, February 26 re: trash containers and planting of trees. Reported he had heard from Mr. Lloyd of theSanta Fe Railroad re: application for sewer encroachment. The license fee would be an annual charge of $645 and a one time charge of $150. Mr. Don Martinson addressed theCouncil to explain how this figure was apparently arrived at - the 20' easement is nearly an acre of land, at a value of approximately $10,000 - $12,000 per acre, at 6% interest. Council discussion brought out the point of this being a very excessive amount, for simply putting a pipe in the ground and not purchasing the land. Council- man Forster questioned if condemnation would be possible - City Attorney to research and report back to the Council. Discussion also included agreement with Santa Margarita and Moulton -Niguel Water Districts and the possibility of having to pay for a second license fee when we put in a second barrel. City Attorney and the Director of Public Works will check into what it would entail if a second line were installed. City Engineer Report: Jack Y. Kubota Reported that although the city's driveways are a standard 35', he has permitted the Fire Department m have a 60' driveway to accommodate the large fire trucks. At the last regular meeting, the Telephone Company had asked for a waiver of the request to post bond - releasing tomorrow. The A.T.&S.F. Railroad are proceeding with the railroad crossings of automatic gates and flashing lights and road repair of Del Obispo road at the railroad crossing, No further response from the Giddings people - state is prepared to approve. McCall (Gannon property) is prepared to move ahead. WRITTEN COMMUNICATIONS: Resolution of the Board of Supervisors of Orange County supporting the expansion program of S.C.A.G. - informational, no action taken by the Council. Letter from the Orange County Health Department re: proposed ordinance establish- ing regulations for Mobile X -Ray Units. Council to adopt like ordinance. FEB 2 41970 Councilman Durnford moved to have City Attorney read by title only, seconded by Councilman Bathgate. City Attorney read first reading of proposed Ord. No. 158 by title only. Letter from the San Juan Capistrano Fiesta Association requesting permission to decorate the city streets during Fiesta Week. Mr. Tom Wilson addressed the Council and stated a mission bell and serape were the items to be used for the downtown district. Councilman Durnform moved to grant the request, seconded by Councilman Bathgate, carried and so ordered. Letter from the City of Stanton requesting the California State Legislature to introduce legislation pertaining to Mobilehome Parks. City Attorney explained the resolution, state requirements as comparied to city. Closed parks were also discussed. No action taken by the Council on this matter. PLANNING COMMISSION MATTERS Minutes of Planning Commission meeting of January 6, 1970 noted: Re: Public Hearing on RZ 70-101 (Westport Enterprises, Inc.). Resolution No. 70-2-3-2 relating to M-1 District questioned by Councilman Forster only in relation to having the City Administrator review the Tempo throw away newspaper. NEW BUSINESS Councilman Curnford offered Resolution No. 70-2-24-1 - A Resolution of the City Council of the City of San Juan Capistrano recognizing Louis (Red) Reinhardt, Mayor of Fullerton, for outstanding leadership and commending him thereto. Roll call was taken - AYES: Councilmen Durnford, Bathgate, Forster, Olivares and Chermak. NOES: None. ABSENT: None. City Attorney has checked over the agreements with the Viking Company, contrac- tors for the Public Works facility and temporary City Hall. Made note that the insurance certificates should be in the hands of the City Clerk. COUNCIL REPORTS Councilman Bathgate Made inquiry of the drainage study, Mr. Don Martinson of Lowry Engineering re- ported the final draft has been approved by the Flood Control and should be ready in approximately 10 working days, then it goes to the City Planning Commission and then the Orange County Planning Commission - then becomes a Master Plan of Drainage. Councilman Forster recommended the Planning Commission review as soon as possible. Discussion by the Council brought up suggestions of having each Council member FEB 2 41970 41 Minutes of the Meeting of February 24, 1970 appoint a commissioner to a parks and recreation commission, or having com- missioners from districts within the city. This matter to be brought up again by the Council. Councilman Durnford Had been contacted by a representative of the Flood Control - stated dirt is being dumped up on the flood control channel since we have the gate locked. Staff to check out and perhaps posting of signs will be necessary. Councilman Forster Brought up the issue of the Harbor District dissolution. Council entered into the discussion that when the issue was brought up at the League Meeting, the Supervisors presented their ideas, however, did not satisfy the League of Cities since they talked about something they hadn't done as yet. Statement was made that the meeting was held on emotion rather than logic. Councilman Forster spoke out for rescinding our previous resolutions and requested a poll of the Council for such action. Councilman Forster proposed to nulify our previous stand. It was a 3 to 2 vote to rescind our previous stand. Councilman Forster offered Resolution No. 70-2-24-2 - A Resolution of the City of San Juan Capistrano super - ceding Resolution No. 69-12-22-3 and resolving to take no official stand in the matter of the dissolution of the Orange County Harbor District. Roll call was taken - AYES: Councilmen Forster, Bathgate and Olivares. NOES: Councilman Durnford and Mayor Chermak. ABSENT: None. Mayor Chermak Reported on the number of accidents that have happened on the Ortega Highway in recent weeks. Council discussion centered on the "hippie" element at the Hot Springs Canyon area in relation to the traffic hazard, the dope element and general misuse of the area. Council will petition the County Health Department to close the area as well as the State to post "No Parking" signs. Councilman Forster will talk with representatives of these agencies to see what measures can be taken to correct this situation in the Hot Springs area. ADJOURNMENT The meeting closed at 9:37 P.M. Jetta llybmitted, ya, Actint y Clerk FEB 2 41970