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
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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.
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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.
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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
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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
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