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70-1214_CC_Minutes_Regular MeetingDECEMBER 14, 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, December 14, 1970, at 7:09 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. PUBLIC HEARING - RZ 70-106 (McKeon) Due to an error in publishing, the public hearing scheduled on RZ-70-106 (McKeon) for this meeting was set for December 21, 1970. STAFF REPORTS Acting City Administrator - Robert K. Johns 1. The Mayor made recommendation for awarding the merit increases as submitted by Mr. Johns. Councilman Thorpe moved to approve merit increases for Bob Banda, Benny Davis, Jack Galaviz, Ed Vallavanti and Jetta Anaya, seconded by Councilman Bath- gate, carried unanimously. Merit increase for Robert Johns to be discussed at a personnel executive session. 2. Councilman Gammell made the motion to instruct the City Engineer to prepare legal description and enter into escrow for the Jose Mesa property, seconded by Councilman Thorpe, carried unanimously. Council discussion concluded the City would pay escrow fees and the cost of the property, $7,225, would come out of the General Fund. Also, the property could be used as an interim park site for the City. 3. Reported the County would be holding a Public Hearing on December 16, at 2:00 P.M. for the Air Transportation Study. City Attorney - James Okazaki 1. Gave legal explanation for the litigation on the Mission Outdoor Sign Company - will attempt to lift the preliminary cavur/��/i�/moi hearing so that the signs can come down as had been pre- viously instructed by the court. 2. Honsberger Annexation - requested approval of annexation in resolution form which can be sent to the Secretary of the DE014 P70 391 December 14, 1970 - Council Meeting Minutes (Cont'd) State of California, thereby making annexation effective without a public hearing or election. Councilman Bathgate offered Resolution No. 70-12-14-1 approving the annexation to the City of San Juan Capistrano of certain uninhabited territory known and designated as the Honsberger Property. Roll call was taken - AYES: Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. 3. Grace Agreement for Police Study. Discussion by Council expressed apprehension to extending the due date for the study from January 2 to March 15. Acting City Administrator was directed by Council to contact Mr. Grace to appear before Council at the December 21 meeting. Finance Director - Paul P. Lew 1. Councilman Chermak moved to approve payment for legal services billing from Mr. John Dawson in the amount of $333.20, seconded by Councilman Thorpe, carried and so ordered. 2. Councilman Bathgate moved to approve for payment Warrant numbers 5473 through 5657 and Warrant numbers 6501 through 6600, totaling $60,352.62 be paid, seconded by Councilman Gammell, carried unanimously. Director of Public Works - T. J. Meadows 1. Councilman Thorpe moved to uphold the recommendation of the Director of Public Works to purchase a used Case Model 530 wheel tractor with a backhoe and skip loader from the Westing- house Credit Corp, for $2,500, seconded by Councilman Bath- gate, carried and so ordered. 2. Councilman Bathgate moved, seconded by Councilman Thorpe to grant the request for a telephone answering service for stand- by service in off hours and on the week -ends, carried unani- mously. The Council directed Mr. Meadows to investigate the policy of stand-by pay from at least one other district and three cities on the basis of a city comparable to this City. 3. Council directed the Director of Public Works to pursue request for lease or purchase of state excess property south of San Juan Creek Bridge. 4. Final approval of Tract No. 7191, Westport Enterprises post- poned until December 21st meeting. DEC14 t Ow At this point in the meeting, Councilman Bathgate made a motion to read all ordinances and resolutions by title only, seconded by Mayor Forster, carried unanimously. 5. Councilman Gammell offered Resolution No. 70-12-14-2, authorizing the Mayor and City Clerk to execute a cost agreement with the Atchison Topeka and Santa Fe Railway Company for improvement of a grade crossing at Oso Road. Roll call was taken. AYES: Councilmen Gammell, Chermak Bathgate, Thorpe and Forster. NOES: None. ABSENT: None. 6. Tract 7182 - Calle Lorenzo right of way. Councilman Bath- gate moved for acceptance of deed and authorize recordation of same, seconded by Councilman Gammell, carried and so ordered. 7. Councilman Bathgate moved to accept temporary grading ease- ment documents (to hold, not to record) for Camino Los Rambles Interchange, seconded by Councilman Thorpe, carried unanimously. ORAL COMMUNICATIONS Mr. John Parker, Attorney, representing Westport, made request of the Council to call a meeting of the Site Plan Review Committee and to have the Council meet on Tentative Tract Map 7191. Explained it would be a financial burden to the developer if action was not taken by December 23, 1970. After discussion by members of the Council as to why no conclusion had been reached by the Site Plan Review Committee at its last meeting, it was concluded by motion of Councilman Chermak, seconded by Councilman Bathgate to direct the Site Plan Review Committee to meet prior to the next Council meeting to go over the Westport Tract, carried and so ordered. COMMITTEE REPORTS Joint Powers Agreement - Santa Margarita, Moulton -Niguel and City of San Juan Capistrano. Mr. Alex Bowie addressed the Council re: the agreement has been amended to include the suggestions of an industrial waste control clause and proration of cost re: Act of God duration. Also, Mr. Carl Kymla addressed the Council to explain the requirements of the San Diego Regional Water Quality Control Board. Mr. Meadows made recommendation for the agreement to be executed as soon as possible, subject to the waste clause since the State Treasurer has to approve. Councilman Bathgate moved to approve the agreement and authorize the Mayor and -.City Clerk to sign, seconded by Councilman Thorpe, carried and so ordered. OEC 141970 December 14, 1970 - Council meeting minutes (Cont'd) PLANNING COMMISSION MATTERS Resolution No. 70-12-1-1 of the Planning use determination relating to similarity General Agricultural District had Council Resolution No. 70-12-1-2 of the Planning use determination relating to approval of and storage yard as a conditional use in Council concurrence. Resolution No. 70-12-1-3 of the Planning use determination relating to approval of maintenance facility in the C -2H District UNFINISHED BUSINESS Commission re: land of uses in the A-1 concurrence. Commission re: land contractor equipment the C -2H District had Commission re: land refuse truck park and had Council concurrence. 1. Letter from 1st Lt. Thomasson re: Civil Air Patrol's request for use of office type trailer as a headquarters building. Councilman Bathgate moved to approve the request, subject to conditions from the Planning Department, seconded by Council- man Gammell, carried unanimously. 2. Resolution of the Planning Commission (No. 70-11-71-2) re: land use determination relating to sales offices and model area for approved mobilhome parks. Walters & Sons repre- sentative requested deleting Item #5. After discussion by members of the Council, Councilman Chermak offered Resolution No. 70-12-14-3 amended in part the Planning Commission's resolution relating to sales offices and model areas for approved mobile home parks. Roll call was taken - AYES: Councilman Chermak, Bathgate, Gammell andForster. NOES: Councilman Thorpe. ABSENT: none. The meeting adjourned at 9:59 P.M. and reconvened at 10:06 P.M. UNFINISHED BUSINESS (continued) 3. Parks and Recreation Budget (six month operating budget to June 30, 1971). Councilman Chermak moved to approve, seconded by Councilman Thorpe, carried 4 to 1 with Councilman Gammell voting noe. At this point in the meeting the Mayor suggested the viewpoint of San Juan Capistrano be mentioned at the Public Hearing December 16 re: the Bell Canyon Jetport. Councilman Thorpe offered Resolution No. 70-12-14-4 expressing its disapproval of the recommendations of the Air Transportation Plan, Phase II of the Parsons Company Report for the location of a Jetport at Bell Canyon. Roll call was taken - AYES: Councilman Thorpe, Gammell and Forster. NOES: Councilman Bathgate and Chermak. ABSENT: None. Councilman Thorpe moved to authorize the Mayor to present the Resolution to the Board, seconded by Councilman Gammell, carried and so ordered. NEW BUSINESS 1. Jack Kubota gave presentation for Quitclaim Deed from Capis- trano Airport and Industrial Park. Bruce Winton also clarified DE0141970 4_ the Partnership Deed of Gift and Amendment to Deed of Gift. Councilman Chermak moved to accept said documents for recorda- tion, seconded by Mayor Forster, carried and so ordered. Councilman Bathgate offered Resolution No. 70-12-14-5 - authorizing the Mayor and City Clerk to execute a Quitclaim Deed to Capistrano Airport and Industrial Park. Roll call was taken - AYES; Councilmen Bathgate, Chermak, Gammell, Thorpe and Forster. NOES: None. ABSENT: None. 2. Councilman Chermak moved to appoint Mr. Howard Lattimer for a two year period to serve on the Orange County Mosquito Abatement District, seconded by Councilman Bathgate, carried unanimously and so ordered. Staff to write letter to Mr. -- Lattimer informing him of his reappointment by the Council. COLNCIL REPORTS Councilman Thorpe Made inquiry of the San Juan Creek Bridge rail demolition and reconstruction. Mr. Kubota, City Engineer stated it is pending at the nnment since it is so small a job, but he will pursue action on this for the Council. ADJOURNMENT Council reconvened at 11:47 P.M. from a Personnel Executive Session to an Adjourned Regular Meeting. Item #1. Site Plan Review Composition - Chair, with Council concurrence, directed that letter of Mr. Charles L. Allen be referred to Planning Commission for review, recommendation and report. Item #2. Compensation for Acting City Administrator - Councilman Bathgate moved to authorize Acting City Administrator be paid at the rate of $275.00 per month, retroactive to date of appointment, for the position. Councilman Chermak seconded and motion carried unanimously. Item #3. Committee Report re: City Administrator recruitment. Councilman Thorpe moved to recruit a City Administrator following the recommendations of the Committee. Council- man Forster seconded and motion carried unanimously. ADJOURNMENT: Adjournment at 11:52 P.M. to an Adjourned Regular Meeting on December 21, 1970. Respectfully submitted, Rbbd'rt K.ohns Acting Ci, Clerk D E C 14 1970