70-1109_CC_Minutes_Regular Meetingx'76
NOVEMBER 9, 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, November 9, 1970, at 7:03 P.M., in the
Council Chambers of the City Hall, with Mayor 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 Acting City Administrator, Robert K. Johns.
The following corrections were made to the Minutes of October 26, 1970.
Page 4, item (d) - correct minutes of September 28, 1970 to reflect two
students to be hired in the Department of Public Works; page 5, item (c) -
City Administrator instead of City Engineer recommended the City Council
accept this easement and authorize recordation of same; page 9, item
(b) - restricting sales in non -returnable bottles. The Minutes of October
26, 1970, were then approved as presented.
STAFF REPORTS
Acting City Administrator
Robert K. Johns
Introduced to members of the Council the new Assistant Planner for the
City, Mr. Phillip Schwartze.
Finance Director - Mr. Paul P. Lew
1. Councilman Thorpe mored to uphold the Finance Director's recommenda-
tion of transfer of fund for the purpose of purchase and procurement of 3
IBM Typewriters, seconded by Councilman Bathgate, carried and so ordered.
2. The List of Demands were presented for Council consideration.
Councilman Bathgate moved that payment be made on Warrant numbers 5391
through 5472 in the amount of $178,253.73, seconded by Councilman Gammell,
carried and so ordered.
Director of Public Works - T. J. Meadows
Made comment to Council re: letter he had received from California
Division of Highways in reference to excess parcel of land (approximately
1/3 of an acre) which will go up for sale at public auction. Requested
authorization to reply that the City is interested in possible purchase
or lease. Councilman Thorpe moved to authorize the Director of
Public Works to contact the Division of Highways re: the City's
interest in the property, seconded by Councilman Bathgate, carried
unanimously.
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November 9 1970 Minutes (Continued)
City Engineer
John Pierce reporting for Jack Y. Kubota
1. Tract 7182 - Westport: requested approval for recordation of three
Grant Deeds - 1) Parks and on-site streets; 2) Off-site Calle Resplendor; and
3) Off-site Calle Lorenzo. Councilman Bathgate moved, seconded by Councilman
Chermak to record the three deeds, carried and so ordered.
Agreement re: off-site improvements - Councilman Gammell moved to authroize
the Mayor and City Clerk to sign and execute the agreement, seconded by Councilman
Bathgate, carried and so ordered.
Requested approval of Tract Map 7182 - Councilman Bahtgate moved to authorize
recordation, seconded by Councilman Thorpe, carried and so ordered.
Mr. Richardson of Gallaway and Associates, representing Westport, then pre-
sented Council with a check for sewer connection fees in the amount of $12,150.
The Mayor pointed out that a study is being prepared by Westport to present to
Council regarding sewer connection fees and that the Council may be asked to re-
consider the fee schedule.
Tract 7183 - Westport: Councilman Chermak moved to accept for recordation of
the sewer easement, slope easement and easement for the off-site sewers for future
streets, seconded by Councilman Thorpe, carried and so ordered.
Drainage Agreement - Councilman Bathgate moved to approve for recordation and
execution by the Mayor and City Clerk, seconded by Councilman Gammel, carried and
so ordered.
Agreement re: surety for off-site improvements - Councilman Bathgate moved
to have agreement signed by the Mayor and City Clerk and to be recorded, seconded
by Councilman Thorpe, carried and so ordered.
Councilman Bathgate moved to accept the Deed for the park site, seconded by
Councilman Thorpe, carried and so ordered.
Request for approval of Tract Map 7183 - Councilman Bathgate moved to accept
for recordation, with the understanding the sewer fee in the amount of $26,325
had been received, and authorize the Mayor and City Clerk to execute, subject to
agreement, seconded by Councilman Gammell, carried and so ordered.
2. Councilman Chermak offered Resolution No. 70-11-9-1, declaring that there
had been no amendments to the circulation element of the General Plan relating to
arterial streets and highways for the fiscal year 1969-1970. This resolution to be
sent to the Orange County Road Department as the requalification requirement stipula-
ted for
tipula-tedfor participation in the Arterial Highway Financing Program. AYES: Chermak,
Bathgate, Thorpe, Gammell, Forster. NOES: None. ABSENT: None. .�
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3. Oral report was given by the Director of Public Works re: San Juan
Hills Golf Course drainage project - requirement of providing drainage being met under
permit.
WRITTEN COMMUNICATIONS
Request for a hearing by Mr. Ernest A. Thompson set for Monday, November 16,
1970, at 7:00 P.M.
ORAL COMMUNICATIONS
Mr. John Regan addressed the Council in reference to the -position vacated by
the City Administrator. Made suggestion that the City Administrator be retained
for one or two months during the transition period and possibly consider utilizing
Mr. Thompson in another position with the City. Council thanked Mr. Regan for his
suggestions and will adjourn to a personnel session after this evening's meeting.
UNFINISHED BUSINESS
1. Second reading for proposed Ordinance No. 170. Councilman Bathgate moved
to real all ordinances by title only, seconded by Councilman Thorpe, carried
unanimously. The City Attorney then read by title only, the second reading of
Ordinance No. 17- - an Ordinance repealing Sections 1, 2, 3 and 5 of Ordinance
No. 3. Councilman Bathgate offered Ordinance No. 170 for adoption. Roll call was
taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES:
None. ABSENT: None.
2. Proposed Business License Ordinance No. 171 - the City Attorney read by
title only the first reading of proposed Ordinance No. 171, establishing the
licensing of businesses, professions and trades, providing for the procedures to
be followed, setting the rates and providing for exemptions therefrom and pre-
scribing penalties for the violation hereof, repealing Ordinance No.24.
3. Proposed agreement between the City of San Juan Capistrano, Santa Margarita
Water District and Moulton -Niguel Water District relative to use, construction,
operation and maintenance of sewerage facilities for 1970. Mayor appointed
Councilman Bathgate and Chermak to serve on a committee with Mr. Meadows to meet
with the proponents to go over and review the agreement.
NEW BUSINESS
0- Proposed 1911 Act (improvement of Camino Capistrano north of Ortega Highway).
Mr. T. J. Meadows reported and made recommendation for appointment of Mr. Fritz
Stradling as consideration for appointment. Councilman Thorpe offered Resolution
No. 70-11-9-2 - to uphold the recommendation of the Director of Public Works.
AYES: Councilmen Thorpe, Bathgate, Chermak, Gammell and Forster. NOES: None.
ABSENT: None.
NOV 9 11170
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November 9, 1970 Minutes (Continued)
INFORMATIONAL ITEMS
1. League of California Cities Meeting scheduled for Thursday, November
12, 1970 - anyone wishing to attend were requested to make reservations with the
front office.
2. Parsons Report on proposed Airport for Bell Canyon, Mayor referred the
matter to the City Administrator's office to be given to the appropriate staff
members for review and report back to the Council.
3. The P.A. System set up in th=Council Chambers was mentioned for possible
purchase. The Council requested a written proposal be submitted by the Director
of Finance for the suggested nine microphones and four speakers.
COUNCIL REPORTS
Councilman Chermak
Made request to have debris cleaned up from the Owens-Illinois right of way which
was placed there by the railroad. This matter was referred to the Director of
Public Works, Mr. T. J. Meadows to make written communication to the party involved.
Councilman Gammell
Questioned whether or not utilities will be underground on the Honsberger
property which is under consideration for annexation to the City. The Acting City
Administrator clarified that utilities in public streets will be overhead and that
the on-site has an underground requirement.
Councilman Thorpe
1. Questioned the validity of more than one Cable TV franchise in the City.
Director of Public Works reported that two -non-exclusive franchises are legally
authorized, and his position under interpretation of ordinance is that there will
not be duplication of facilities.
2. Had met with the Parks and Recreation Commisaion. Councilman Thorpe then
made a motion to appoint Mr. Phil Schwartze as secretary to the Parks and Recrea-
tion Commission, seconded by Councilman Gammell, carried and so ordered.
Mayor Forster
Made comment on the invitations extended to the Council for the testimonial
dinner December 3 for Supervisors Allen and Hirstein as to whether or not they would
be interested in attending. The City Attorney was directed to prepare two separate
resolutions of commendation.
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ADJOURNMENT
The meeting adjourned at 9:12 P.M. to a Personnel Session.
The regular meeting was reconvened from the Personnel Session at 10:45 P.M.
and adjourned at 10:48 P.M. to an adjourned regular meeting at 7:00 P.M.,
November 16, 1970.
RVe
esppeectf'uull/lyy submitted
R:. J ns
Acting Ci Clerk
NOV 91970