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66-0711_CC_Minutes_Regular Meeting135 Minutes of the Meeting of the City Council of San Juan Capistrano JULY 11, 1966 The meeting was called to order by Mayor Don Durnford at 7:38 PM. The pledge of allegiance was recited. The invocation was given by City Administrator, Ernest A. Thompson. The City Clerk called the roll. Councilmen present: William A. Bathgate, Carl E. Buchheim and Don Durnford. Absent: Marco F. (Tom) Forster and Antonio M. (Tony) Olivares. The minutes of the regular meeting of June 27, 1966, were accepted as submitted. WRITTEN COMMUNICATIONS (a) Letter from the Fiesta Association requesting the City Council to grant a franchise for the holding of the Fiesta and their annual parade. Discussion followed. Councilman Buchheim moved, duly seconded by Councilman Bathgate, that the request be approved subject to the normal conditions. The motion was approved unanimously and so ordered. (b) Notice of the application of Pacific Telephone for the establishment of a new directory for the South Coastal area was submitted strictly as informational. Mr. Bob Gannon in attendance in the audience was recognized and responded to any questions. Several of the Councilmen made comments pro and con as to the need and justification. No further action was taken. (c) Orange County League of Cities notice of the regular Executive Meeting to be held at 6:45 PM, Friedemann Hall in the City of Orange - Informational. (d) Letter from Senator George Murphy with regard to the letter of the City's request and resolution for postal service was received by the Councilmen. Extensive discussion followed to the degree that the merit of the activity of our U. S. Senator has not been sufficient to accomplish the request of this City. ......Councilman Antonio M. (Tony) Olivares arrives at 8:05 PM. ......Councilman Marco F. (Tom) Forster arrives at 8:06 PM. (e) A letter of request from the P. A. Palmer, Inc., was read into the record by the City Clerk. This letter requests the City Council for the procedures for their initiative for proposed annexation to the City of San Juan Capistrano. (f) Letter from Newport Balboa Savings & Loan with regard to annexation procedure also was read into the record by the City Clerk. On motion of Councilman Olivares, duly seconded by Councilman Buchheim, approval for receiving the proposed annexations was approved and so ordered. Directive to the City Clerk was to enumerate the steps of the procedure through appropriate corres- pondence to the requesting individuals. 136 (g) A letter of appeal to Land Use Permit 66-109 signed by Dale and Catherine Ladd, was read into the record. Discussion followed. Mr. Bob Johns, Secretary of the Planning Commission, responding to the factors and conditions with regard to the Land Use Permit 66-109. Several of the Councilmen questioned the conditions imposed upon an adjoining facility, Consolidated Rock Products in specifics, and as to the owner's cooperation in the requirement of truck routing. A contingent letter signed by Mr. John Caldwell, was also read into the record. Mr. Caldwell was also an aggrieved party seeking some appeal to the City Council with regard to the said Land Use Permit proceeding. Dis- cussion followed. Mr. Harold Rodenbush, representing the Spaulding Equipment Company, responded also to the Council's inquiries. It had been projected that, in fact, there was some consideration that the proposed contractor for the installation of the breakwaters for the Dana Point Harbor was proposing to park his equipment and service that equipment during the late evening and night-time hours. The matter was finally resolved by a motion of Councilman Bathgate to amend Condition No. 7 of the City Planning Commission's conditions for the Land Use Permit, duly seconded by Councilman Buchheim and receiving a unanimous vote, except to that vote of Councilman Forster, who abstained. More specifically, Condition No. 7 would be amended regarding the hours of operation wherein the Land Use Permit would be conditioned for operation of 6:00 AM to 6:00 PM, Mondays through Fridays with no restriction upon the hours in the pursuit of sales. (h) An added item of Written Communications was a letter to the Mayor of the City of San Juan Capistrano from the City of Placentia with regards to their pro- test of curbline mailbox installation. The City Council's attitude concurred with the atmosphere projected in this letter. ORAL COMMUNICATIONS The Council agenda listed a Mr. John Luhnow for speaking at this time. However, Mr. Luhnow was not in attendance in order to appear. COMMITTEE REPORTS Downtown Parking Study - Mr. Jack Kubota, City Engineer, reporting. It was projected to the City Engineer that there existed 405 public parking spaces do delineated or provided upon the existing city streets. With traffic conditions being a major problem at the intersecection of Ortega Highway and Camino Capistrano, 91 diagonal parking spaces in and along Ortega Highway and Camino Capistrano could logically be converted to 50 parallel parking spaces. As a matter of step phasing to correct this adversity, it was made in summary by the City Engineer that he would recommend parallel parking 137 on both sides of Camino Capistrano between Ortega Highway and Verdugo Street and both sides of Ortega Highway between Camino Capistrano and E1 Camino Real to parallel parking. Also providing for, by schmatic design, some projected channelization of traffic flow at the key intersection of Camino Capistrano and Ortega Highway. Further, to afford this channelization and traffic flow, some 3 or 24 parking spaces on the Ortega Highway would have to be deleted. After considerable thought and discussion, Councilman Forster offered a resolution approving the recommendations of the City Engineer and authorizing the execution of the first phasing. The resolut- ion passed, accepted and adopted by majority vote, Councilman Olivares voting "No". TREASURER'S REPORT The Treasurer's Report for the month ending June 30, 1966, was submitted by City Treasurer, Alice M. Ross. Councilman Bathgate made a motion to receive the report and file for audit. The motion was seconded by Councilman Buchheim and so ordered. At this time, Mayor Don Durnford recognized Mr. Clarence Magnusen and Mr. Joe Feeney of Engineering -Science in order to afford them the opportunity to report upon% (a) the dispostion of the contingency charges by Colich Construction Company as related to the costs of Assessment District No. 624-1, and (b), the process and status of a new Assessment District No. 66-1. Mr. Clarence Magnusen related that in his ipinion he could recommend payment of $224,000 flat fee encompassing all con- tingencies based upon that additional amount of rock that was necessary and partially authorized by Council action for the work with regard to this improvement. Council- man Bathgate made a motion to uphold the recommendation and project the payment of the $224,000. The motion was duly seconded by Councilman Forster and so ordered. Mr. Feeney reiterated in a report that proposed Assessment District No. 66-1 was under process and being submitted for proposed agreements to the degree of covering those services to be provided by Engineering -Science and also recommending approval for the executing of an agreement covering those services for legal services, recommending Rutan and Tucker as the agency for legal services. Councilman Bathgate offered a resolution authorizing the Mayor and City Clerk to execute such agreement with regard to Engineering -Science providing those services for engineering. The resolution was approved and adopted by a unanimous vote. Councilman Bathgate also offered a resolution that the City employ and enter into an agreement for those services of Rutan and Tucker to provide the legal services for processing of this new Assessment District No. 66-1. The resolution was approved, adopted and accepted by unanimous vote. ...........FIVE MINUTE RECESS 9 -ii -66 X38 PLANNING COMMISSION MATTERS (a) Reports: The City Council was in receipt of duplicate copies of the reports of the Planning Commission with regard to: (1) Land Use Permit 66-109 (Spaulding), (2) Land Use Variance 64-113 (Stroschein), and (3) Parks and Recreation Committee. (b) Recommendations: The Planning Commission reported Land Use Variance 66-108 (Mission Wax Museum) had been heard for a request for a remote sign, and the Commission had recommended unanimous denial. Councilman Olivares made a motion of upholding the Planning Commission's recommendation. The motion was duly seconded by Councilman Buchheim and so ordered. UNFINISHED BUSINESS (a) Item 14 on the agenda called for the proposed first reading of an ordinance prohibiting the parking of vehicles for the purpose of sales. The City Attorney, John H. Dawson, had not been able to project to the Council the corrected provisions of the proposed ordinance. This matter was continued until the next regular Council meeting. 7 (b) An Irrovocable Offer to Convey Easement by Dozier under the process of the Division of Land (DL 66-101) was submitted to the City Council for acceptance and authorization for recordation. Mayor Don Durnford offered the resolution of acceptance of the document and authorizing the recordation of same. The resolution was adopted, accepted and approved by unanimous vote. (c) Regarding the matter of the notice of the Union Bank regarding the proposed sale of property formerly divided illegally by Marvel Development Company, Councilman Buchheim moved that the City Administrator and the City Attorney notify, with the appropriate correspondence, that this, in fact, would be an additional violation of the Municipal Code, and further, that there were conditions outstanding to date that should be complied with. The motion was duly seconded by Councilman Bathgate and passed by unanimous vote. (Note: This property of concern lies at the Southwesterly corner of Camino Capistrano and Del Obispo Street and comprises approximately some 19+ acres.) NEW BUSINESS -,;--� (a) A proposed resolution for the adoption of the "Mediterranean Theme" of archi- tecture for the structures within the new Dana Point Harbor improvement was a matter of concern that had been projected by the Orange County Chamber of Commerce. This proposal was amplified by Mayor Durnford wherein it had an %-//- G(- 139 assessment and advantage for this Council to make an endorsement of this theme for some tie with the aesthetic value for the area. Councilman Buchheim therefore offered a resolution adopting the "Mediterranean Theme" and the resolution was adopted and passed by a vote of 3 to 2, Councilman Forster and Councilman Olivares voting "No". 7-//(,(b) The City Administrator read a format of "inferred protest" of inclusion of land previously having been processed by the Local Agency Formation Commission and having approval for the annexation, being included within the area proposed by the Capistrano Beach and Dana Point areas for incorporation. The public hearing for this proposal is to be before the LAFCO at 2:30 PM Wednesday, July 13, 1966. There was a majority concurrence in the five points related by the City Administrator wherein the City would take firm stand in statement form before the LAFCO. To amplify this, Mayor Durnford offered a resolution author- izing the City Administrator in his attendance at the public hearing to so relate these five points before LAFCO. The resolution was approved and adopted by unanimous vote. RECOMMENDATIONS AND REPORTS (a) City Administrator - Ernest A. Thompson (1) Having had a session with the District Engineer of the State Division of Highways, District 7, the City Council saw fit to amplify their position by adopting another resolution requesting the approval of the connection to the San Diego Freeway (Interstate Route 5) with that arterial highway of the City of San Juan Capistrano, namely, Camino Las Ramblas. Councilman Buchheim offered the resolution, and it was approved and adopted by unanimous vote. (2) The City Administrator requested that in view of the submittal of Exhibit "B" of the proposed budget for fiscal year 1966-67, that the Council consider holding work sessions to review the corrected and revised budget. Mayor Durnford set 2:00 PM, Monday, July 18 as a time which those members of the Council would be in session to review this matter. (b) Director of Finance - Harold L. Albert Related that the auditor from the Federal Government had reviewed the expendi- tures and accounts with regard to PL 660 authorization and reported that every- thing had been found in order and it would be approximately two weeks before the City would be in receipt of the remaining monies due it. (c) Director of Public Works - T. J. Meadows In view of the hour and concerned with nothing of real importance, he related ii -6 6 -140 a problem of racial discrimination and a laugh. This offered the Council some relaxation (d) City Engineer - Jack Y. Kubota, related three items: (1) Reiterating the letter of notice from the Mayor that a property owner's meeting with the City officials would be held Thursday, July 14, 1966, at 7:30 PM in the Council Chambers with regard to the Alipaz Street improvement of the Arterial Highway Financing Project No. 307. (2) Val Verde Corp. monumentation bonds are still to be in full force and effect based upon a factor that erroneous reporting of the engineer had implied that the requirements had been met. (3) Street opening plans for encroaching upon the Capron property was related by the City Engineer wherein there had been notice from the City Attorney that the Executor, or more properly called Conservator, had given authority to tresspass in order to avail himself of proper field information. (e) Councilman Buchheim Inquired as to the placement of the three trash receptacles that had been donated to the City by local Girl Scout troop. Mayor Don Durnford is to follow through on this. (f) Councilman Forster Suggested that if at all possible, some official of the City should approach the Postmistress, Grace Belardes, and advise her accordingly as to the official stand of the City in view of the prohibition of the installation of curbline postal boxes, also supplying her with base city maps delineating those streets which are public and private and also providing the appropriate dimensions of street widths thereon. (g) Mayor Durnford Is still being approached with concern as to the speed exhibited within new subdivisions, more particularly that of Casitas Capistrano. Also concerned with traffic delineation by striping along the Ortega Highway adjacent to the Walnut Grove Restaurant wherein the State has provided a pedestrial strip in anticipation of the construction contract for the reconstruction and re- alignment of that bridge over the San Diego Freeway for the Ortega Highway. The City Administrator is to contact the official with the State Division of Highways for resolving this matter. Along the same line of traffic control and delineation, Councilman Buchheim asked of the Mayor if some correction could be made with regard to centerline striping on Del Obispo Street adjacent to Tract 5399, which is the Dike and 1-n-66 141 Colgrove Tract. By improvement of Del Obispo, the subdivider has dedicated and improved the ultimate one-half section thereby allowing excessive street widths along this section of public street of Del Obispo. The problem evolves to the degree that left turn procedure from the subdivision encounters fast traffic in the eastward direction along Del Obispo. The City Administrator is to resolve this matter. ADJOURNMENT There being nothing further of business for the City Council to consider at this time, the meeting adjourned at 11:08 PM until 6:000 PM Monday, July 8, 1966. City These are the official proceedings of the City Council of the City of San Juan Capistrano at their regular meeting held July 11, 1966. 7-ll—Lia