70-1221_CC_Minutes_Adjourned Regular Meeting395
MINUTES OF REGULAR ADJOURNED MEETING
CITY COUNCIL OF SAN JUAN CAPISTRANO
December 21, 1970
Meeting Called to Order: 7:04 P.M.
Pledge of Allegiance to the Flag & Invocation: Mr. T. J. Meadows
gave the invocation.
Roll Call: Councilmen Present: Bathgate, Chermak, Gammell and
Forster
Councilmen Absent: Thorpe
PUBLIC HEARING
RZ 70-106 (McKeon) - Mayor gave brief presentation into the
background of the Gannon rezone and then declared the Public
Hearing opened. No one spoke in favor or against the rezone
so Public Hearing was declared closed. City Engineer explained
drainage problem from an engineering standpoint. Public Hearing
was declared reopened for Mr. Bruce Duamerall to address the
Council so as to display to the Council the projected eleva-
tions. Public Hearing was then declared closed. Councilman
Gammell moved to have the City Attorney draft an appropriate
title for proposed Ordinance No. 172, seconded by Councilman
Bathgate, carried and so ordered.
STAFF REPORTS
Acting City Administrator - Robert K. Johns
1. Reported on letter from the Department of Public Health re:
Statement of Enforcement for rabies area. Councilman
Chermak moved to authorize the City Administrator to execute
the necessary forms, seconded by Councilman Bathgate, carried
and so ordered.
2. Reported two items on the agenda for the Board of Supervisors
meeting December 22, 1970. City Engineer to investigate
the construction extension for Del Obispo Street. Second
item was the amendment to agreement re: San Juan Creek
Water Resources Study.
3. Reported citizens complaints re: no street lighting in the
Darmi Tract. Due to safety factor involved, made recom-
mendation to have City pay enengizing fees to the San Diego
Gas and Electric Company in the amount of $4,290.82.
Developer will reimburse City before any Use and Occupancy
certificates are issued. Councilman Chermak moved to
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396
authorize staff to make payment to San Diego Gas & Electric
and to notify Darmi for payment as reimbursement to the
City, seconded by Councilman Bathgate, carried 4 to 0 and
so ordered.
City Attorney - James Okazaki
Grace Agreement - Gave brief explanation as to why due date on
the Police Study had been changed. Council consensus was to
have Mr. Grace go ahead with the Study and Councilman Bathgate
moved to have the Mayor initial and change the due date from
March 15 to March 1, 1971, seconded by Councilman Gammell,
carried 4 to 0.
Director of Public Works - T. J. Meadows
Requested authorization to enter into agreement with the City
of San Clemente for rental of their striping machine - a one
year agreement with a 30 day cancellation clause. Councilman
Bathgate moved to accept the recommendation from the Director
of Public Works, seconded by Councilman Chermak, carried and
so ordered. City Attorney to draw up the rental agreement.
The Meeting adjourned at 8:11 P.M. and reconvened at 8:17 P.M.
City Engineer - Jack Y. Kubota
1. Gave presentation to the Council on Tract 7191, the four
plex units being developed under R-3 requirements. Also,
explained the "revetment wall". Requested execution of a
Grant Deed for the park site, south of the round house;
Drainage Agreement (Bond estimate is such to include any
needed catch basins as requested by the City); Easement
Deed granted by Eugenie Oyharzabal for slope easement;
Loftus condemnation for slope easement and revetment wall
(gives City rights of way on Loftus property and gives us
immediate possession); 3 party agreement executed by
Westport and cash deposit for street lighting, energizing
fee and sewer line extension fee.
Mr. Gallaway gave presentation to the Council on bond
redemption fees and expected population as a comparison for
not charging a sewer service charge to the Westport develop-
ment. Mr. Gallaway offered to provide documentation on the
lengthy report for staff to review and comment.
Councilman Chermak offered Resolution No. 70-12-21-1 to
approve the said documents for recordation, subject to
bond and signing agreement to public improvements. Roll call
was taken - AYES: Councilmen Chermak, Bathgate, Gammell and
Forster. NOES: None ABSENT: Councilman Thorpe.
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December 21. 1970 - Council Meeting Minutes (Cont'
397
Tract 7230 - gave presentation re: 3 party agreement.
Councilman Bathgate offered Resolution 70-12-21-2 for
signing the agreement and authorizing bonded agreement re:
payment of sewer connection fees and recordation. Roll call
was taken - Councilmen: AYES: Bathgate, Chermak, Gammell
and Forster. NOES: None. ABSENT: Councilman Thorpe.
2. Presented Council with Del Obispo Street Improvement Project
AHFP Project No. 540 schedule. Made request to have
special legal counsel for right of way acquisitions. Council-
man Bathgate moved to accept adoption of the schedule,
seconded by Councilman Chermak and to appoint Jim Okazaki
as special counsel, carried 4 to 0 and so ordered.
NEW BUSINESS
1. Letter from the Chamber of Commerce requesting permission to
sell fireworks ten days prior to July 4, 1971. Council
discussion concluded with Councilman Gammell moving to grant
the request, provided all requirements imposed in the past
to a previous applicant are imposed, seconded by Councilman
Bathgate, carried 3 to 1, with Councilman Chermak voting
NOE and Councilman Thorpe being absent.
2. Councilman Bathgate offered Resolution No. 70-12-21-3 to
apply to the Public Utilities Commission for refund on the
Santa Fe Railroad crossing. Roll call was taken - AYES:
Councilmen Bathgate, Chermak, Gammell and Forster. NOES:
None. ABSENT: Councilman Thorpe.
3. Councilman Bathgate offered Resolution No. 70-12-21-4 to
proceed with the application to the Public Utilities
Commission for the LaZanja Street crossing. Roll call was
taken - AYES: Councilmen Bathgate, Chermak, Gammell and
Forster. NOES: None. ABSENT: Councilman Thorpe.
UNFINISHED BUSINESS
1. Departmental responsibility to the Parks Commission. Council-
man Chermak moved to have the Parks Commission answer to the
Council as an advisory body and make no requests or demands
on any other department of the City other than Mr. Schwartze,
Assistant Planner and Secretary to the Parks Commission,
seconded by Councilman Bathgate, carried and so ordered.
2. Councilman Chermak moved to have all resolutions and ordinances
read by title only for this meeting, seconded by Councilman
Gammell, carried 4 to 0.
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98
3. Councilman Bathgate moved to accept Jose Mesa Deed, seconded
by Councilman Gammell, carried 4 to 0 and so ordered.
COUNCIL REPORTS
Councilman Chermak
%r:Suggested blacktopping ramp across railroad crossing to alleviate
flood water to Bathgate's property. Director of Public Works
instructed to follow up.
Councilman Bathgate
1. Questioned 16 points in letter to Jack Kubota from Mr.
Heffernan re: offsite sewer project for Tract 6788. There was
a varied opinion as to what the City had agreed to at the
meeting of November 23, 1970. Mayor Forster will meet with
Councilman Bathgate, Mr. Kubota, Mr. Meadows and Mr. Okazaki
on Tuesday, December 22 to go over the points in question
so that legal counsel may prepare written response.
2. Requested Oso Road culverts to be cleaned out.
Mayor Forster
1. Reported Chino hillsite to be investigated for future Jetport.
2. Announced Mr. Charles Allen had resigned from the Site Plan
Review Committee.
3. Chamber of Commerce newsletter re: City news. Department
heads will submit any news on a voluntary basis.
4. Westport - Councilman Thorpe to meet with Mr. Meadows, Mr.
Lew, Mr. Kubota and Mr. Johns and Councilman Chermak (alternate
will be Councilman Bathgate) to review sewer connection fee
study done by Gallaway.
ADJOURNMENT: 11:05 P.M.
Respectfull submitted,
RobertK. Johns
Acting City Clerk
DE0211970