68-0923_CC_Minutes_Regular Meetingki
Minutes of the Meeting of the City Council of San Juan Capistrano
SEPTEMBER 239 1968
The regular meeting of the City Council was called to order at
7:01 PM by Mayor Edward S. Chermak.
The pledge of allegiance was recited. Invocation was given by
City Administrator, Ernest A. Thompson.
The City Clerk called the roll. Councilmen present: William A.
Bathgate, Don Durnford, Thomas A. (Tony) Forster, Antonio M. (Tony)
Olivares and Edward S. Chermak.
Minutes of the regular meeting held September 10, 1968 were approved
as corrected.
WRITTEN COMMUNICATIONS
(a) Items 2, 4, 5, 6, 7, 8 and 9 were received and filed. Item 3 was
deferred until a later time for discussion and consideration.
(b) A letter was received from S. Alan Schwartz and Associates, re-
questing a Temporary Use & Occupancy Certificate for the Standard
Chevron station (DOL 66-103) located at the southeast corner of
Ortega Highway and Del Obispo Street. Staff reported on conditions
that presently prevail and overall status of the project as it
pertains to the conditions to be complied with in order to be
accepted and approved at completion. Discussion followed. Council-
man Durnford made a motion to approve the request subject to con-
ditions: (1) that the developer may be required to pay additional
fees for a re -inspection of the sewer improvements because of
paving operations and installation not presently complete, and
(2) that the temporary use not extend beyond October 21, 1968 (or
30 days maximum). The motion was seconded by Councilman Forster
and then accepted and passed by unanimous vote.
(c) Correspondence from the principles of the Capistrano Airport was
received by the Council. The matter contained a request for the
City Council to give support in an application for a long term
lease on 5,44 acres of Orange County property. A concerted dis-
cussion favorable to the request followed, with Councilman Durnford
offering Resolution No. 68-9-23-1 requesting the County or Orange,
through its Board of Supervisors and appropriate departments, to
extend every favorable consideration for a long term lease - no
less than 25 years. The resolution was accepted, approved and
adopted by unanimous vote.
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(d) Other correspondence received and reported by the City Clerk
were informational, to wit: (1) Notice of a General Meeting of the
Orange County League of Cities; (2) Resolution of the City of
Anaheim re: Opposition to special fire districts with County
General Fund participation; and (3) a letter from O'Melveny and
Myers re: Proposition No. 9 (Watson Initiative).
ORAL COMMUNICATIONS
Mr. Charles Schlegel, attorney for Dr. & Mrs. Herbert Stroschein,
was present to comment upon the favorable attitude in regard to the I
suggestion of the City Engineer, Jack Y. Kubota, of the proposal of
additional street improvement on Del Obispo Street in connection with
the project DOL 66-103. Jack Kubota recapitulated several factors
which would give basis for making the determination at this time.
Discussion followed. Councilman Forster made a motion that the City
participate in the added improvement of Del Obispo Street to the
extent of the estimated cost of $10,000 for providing two more lanes
of pavement and that an addendum agreement in writing be made to
accomplish same. Seconded by Councilman Durnford and passed by major-
ity vote, Councilmen Bathgate and Olivares voting "No".
TREASURY DEMANDS
The list of accounts payable September 30, 1968 was submitted by
Director of Finance, Harold L. Albert.
Councilman Forster questioned the entry for payment to Laguna
Travel Service an amount of $44.30, the cost of air travel ticket for
the City Administrator's transportation in attending the emergency
meeting of the Water Quality and Solid Waste Management Committee of
the League of California Cities. Considerable discussion and debate
ensued to give some basis for determination of the question matter.
Finally, Mayor Chermak stated that he had individually discussed the
matter with the City Administrator and had deemed it proper that
attendance should be made at that meeting, and therefore extended the
offer to pay for the cost of the airfare, in order to resolve the issue
presently of concern. Thereupon, Councilman Bathgate made a motion,
duly seconded by Councilman Forster, to authorize payment of Warrants
3548 through 3624, inclusive, in the amount of $26,444.16. Motion
carried and so ordered.
The City Administrator inquired whether the City Council's action
therefore infer the consideration for resignation from the committee.
In regard to this, the Mayor charged the members of the City Council 3
to consider the parameters and scope in which the City Administrator
and department heads should be allowed to execute their charge of
duties. This consideration to be made at the next regular meeting.
PUBLIC HEARINGS
(a) Northlode Explorations, Ltd., and George L. Guthrie Re: Oil
Drilling Permit Application. This being the time and place for
hearing the request for application for drilling permit, the
Mayor opened the public hearing. The Mayor then requested any
and all persons wishing to speak in opposition to the request to
step forward and be heard. There were No Protests. Mr. George
L. Guthrie then spoke in behalf of the application, recapping
those statements contained therein, and calling attention to the
contingent waiver conditions requested. The public hearing was
closed. On motion of Councilman Durnford, duly seconded by
Councilman Bathgate, the application for drilling permit was grant-
ed as requested. Motion carried unanimously.
(b) RZ 68-102 - Atlantic Savings and Loan Association (Henry Charles
Berge) Re: Rezone request for that portion of Rancho Capistrano
property lying within the city limits, from U-1 "Unclassified"
District to PC "Planned Community" District. The public hearing
was opened and those that wished to speak in opposition were re-
quested to step forward. There were No Protests. Mr. Henry
Charles Berge, representative applicant, made the presentation of
the elements and basis of the request. Thereupon, the Mayor closed
the hearing. On motion of Councilman Bathgate, duly seconded by
Councilman Durnford, the City Attorney was instructed to draft the
appropriate ordinance for first reading. Motion carried and so
ordered.
(c) RZ 68-104; Proposed rezoning of downtown area from "C-1" to 11C -1-H"
(adding Mission Architectural Control), "U-1" to 11C -1-H11, and the
removal of Architectural Control from 11R -2-H" by rezoning 11R-211.
The public hearing was opened. Mr. Clark King, representative of
the Gulf Oil Company, spoke in opposition to the proposed zone
change. He related his company's purchase of a parcel of land to
be developed solely,for service station use. If the zone change
occurred, that use would be excluded. He did relate that his
company did not take exception to the architectural aspects to be
imposed, but was sympathetic and receptive to that obligation.
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Mr. George Glass, Keystone Investment Company, related that he had
submitted construction plans for checking and assurance of a
building permit and questioned to what extent the consideration
of zoning to impose architectural control would affect those plans.
Discussion followed. There were no majority protests, and the pub-
lic hearing was closed. Any further determination for a decision
was deferred until a future council meeting.
UNFINISHED BUSINESS
(a) Letter received from Mission Viejo Company, requesting investi-
gation of the feasibility of entering into an agreement with
Santa Margarita Water District to provide interim sewer services.
Mr. Frank Fehse, engineer and representative of Santa Margarita
Water District and Mission Viejo, presented the basic criteria
for the request to be considered, listing (1) quantity of sewerage
to be disposed and (2) time element in schedule to obtain neces-
sary relief, under present rate and trend of development in the
area. Some 400,000 gpd of raw sewage was estimated to require
an appropriate capacity in facilities now existent or proposed,
as related to be in compliance with what has been recommended by
a regional concept report. After considerable discussion among
members of the City Council, Councilman Bathgate made a motion
that the City of San Juan Capistrano is willing to cooperate and
consider participation in providing interim sewer services with
the Santa Margarita Water District through Improvement District
No. 1-S. Motion seconded by Councilman Durnford and passed by
unanimous vote. So ordered.
(b) The City Council entered into a discussion relative to Proposition
No. 9 (The Watson Initiative Amendment) as it pertains to the
City with its $500,000 in General Obligation Bonds already author-
ized by an election. Staff had, through the Director of Finance,
submitted a report with basis for such serious consideration at
this time. Mayor Chermak made the motion that the Director of
Finance take the necessary steps to pursue the sale of the $500,000
in General Obligation Bonds authorized but not issued. Motion was
seconded by Councilman Durnford. Roll Call vote revealed two (2)
affirmative and three (3) abstinent (Chermak and Durnford, affirma-
tive; and Bathgate, Forster and Olivares, abstaining). Note:
With this situation of vote casting, the City Attorney was requested
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to make a ruling as to the validity.
(c) Request from Mrs. Flora M. Windolph for waiver of conditions
imposed in LUP 68-107. In view of the length of time that had
transpired, the applicant did not wish to pursue the matter
further. The item was tabled and Mayor Chermak extended apologies
in a personal nature.
ADJOURNMENT
The hour of 10:00 PM having arrived, Mayor Chermak adjourned the
meeting until Monday, September 30, 1968, at 7:00 PM, in order to con-
sider the remaining items on the agenda.
The meeting adjourned at 10:03 PM.
Respectfully submi d,
rd -est Thompson
City Clerk-Administ ator
These are the official proceedings of the City Council of San Juan
Capistrano at their regular meeting of September 23, 1968.
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