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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 DEC 21 1970 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. JE021197;"' 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. DEC 211970 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