68-0930_CC_Minutes_Adjourned Regular MeetingMinutes of the Regular Adjourned Meeting of the City Council
SEPTEMBER 30, 1968
Mayor Edward S. Chermak called the meeting to order at 7:04 PM.
Pledge of allegiance to the flag 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) F6rster and Edward S. Chermak.
Absent: Antonio M. (Tony) Olivares
PLANNING COMMISSION MATTERS
(a) Rezone RZ 68-105 (Haven property). A public hearing, having been
processed through the Planning Commission, was reported and there-
by set for public hearing before the City Council on Monday,
October 28, 1968 at 7:00 PM.
UNFINISHED BUSINESS
(a) Proposed Ordinance No. 139. First reading was deferred until
the next regular meeting.
(b) Report from Director of Finance regarding Proposition No. 9
(Watson Amendment). Mayor Chermak read the resolution of oppo-
sition from the City Council of Huntington Beach. No action was
taken either for or against the proposal.
(c) Report regarding the status of the lease on City Hall facilities.
Mr. Robert Patrick was present and spoke regarding the existing
lease and relating the economic attitude. Discussion followed,
but no decision made, so Mayor Chermak appointed Councilman
Bathgate, Councilman Forster and Director of Finance, Harold L.
Albert, to take the matter under submission and meet with Mr.
Patrick in further negotiation.
NEW BUSINESS
(a) A letter was received from the Capistrano Valley Baptist Church
requesting a six month extension on the Temporary Certificate of
Use and Occupancy. Some recommendations were made by City Engineer
regarding street guard railing (fencing) and other safety devices.
On motion of Councilman Durnford, duly seconded by Councilman
Forster, the request was granted. Motion carried and so ordered.
(b) Proposed Interceptor Sewer Trunk Facility (for Darmi area). Mr.
Sid Lowry, Lowry Engineering -Science, consultant engineer for
sewers, presented the preliminary plans for the proposed first
phase (Unit No. 1) of constructing an interceptor sewer line which
would serve a portion of the southerly area of the City, more
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specifically and immediately, the Villa Capistrano Mobilehome
Park and then the Darmi service area. Mr. Lowry depicted what
should be defined as the limits of the project and requested
determination by the City Council. Councilman Durnford made a
motion, duly seconded by Councilman Forster, defining the limits
of Unit 1 of the Darmi Tract interceptor sewer and appurtenances
as being a point of connection and beginning with the land out-
fall sewer trunk line, on the westerly side of the San Juan Creek
flood control channel, extending southeasterly to Station 19+90.16
being a manhole to be located in Camino Capistrano and easterly
of that connection with Doheny Park Road at the southerly city
limits. The motion passed by unanimous vote.
(c) Thereupon, Councilman Durnford offered Resolution No. 68-9-30-1
authorizing the filing of condemnation and eminent-dom&ln-proceed-
ings for acquiring immediate possession of rights of way by neces-
sity. The resolution was accepted, adopted and passed by unanimous
vote.
(d), Offer of Easement by Capistrano Beach Sanitary District. Mr. T. J.
Meadows, Director of Public Works, reported contact with the
Capistrano Beach Sanitary District regarding easement acquisition
for the purpose of installing an interceptor sewer line across
the property. An alternative of an encroachment permit was con-
sidered. Based upon calculation estimates, the area constituted
approximately one-tenth (0.10) acre and at a price of $15,000 per
acre, the offer was made by the Capistrano Beach Sanitary District
to allow the City of San Juan Capistrano to purchase. Motion made
by Councilman Bathgate accepting the offer and authorizing the
purchase of the sewer easement as outline. The motion was seconded
by Councilman Durnford, carried, and so ordered.
(e) Notice Inviting Bids for Construction of Interceptor Sewer, Unit
No. 1. On motion of Councilman Forster, duly seconded by Council-
man Durnford, the Director of Public Works was authorized to
advertise for inviting bids, by publication on October 9th and
16th, to be received on October 23, 1968 at 11:00 AM. Motion
passed unanimously.
(f) Reconsideration of necessity for authorizing sale of $500,000 of
General Obligation Bonds - In view of the research and information
obtained, Councilman Bathgate posed the reconsideration of neces-
sity for selling $500,000 of General Obligation Bonds, and there -
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fore made a motion to authorize the sale and instructing the
Director of Finance to take all necessary steps to accomplish
the process prior to the General Election to be held November 5,
1968. The motion passed by unanimous vote.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson, reported those items
listed on agendas of the Board of Supervisors that concern the
city or effect the area. Special note was made with regards to
application for "Land Preserve" by J. Lacouague, a large pro-
perty owner just outside the city limits.
(b) City Attorney, John H. Dawson
(1) Reported postponement of proceedings of litigation regard-
ing Newport Outdoor Advertising in connection with prelimi-
nary restraining order to allow the sign to remain at that
location just northeasterly of the Capistrano Airport.
". (2) Reviewed the Memorandum Agreement, as submitted by Mr.
Charles Schlegel, attorney for Dr. & Mrs. Herbert Stroschein,
regarding addendum provisions encompassing the additional
improvements on Del Obispo Street and the City's participat-
ion; further making recommendation to accept and execute said
agreement. Councilman Forster offered Resolution No. 68-9-
30-2 authorizing the acceptance and execution by the Mayor
and City Clerk, and directing the recording of same. The
resolution was accepted, adopted and passed by unanimous vote.
(3) Proposed ordinances were read by title only, as provided by
the appropriate motion, constituting the first reading. They
were as follows:
"No. 140 - An Ordinance of the City of San Juan
Capistrano, establishing and adopting by reference
the Building Code of the County of Orange as the
Building Code of the City of San Juan Capistrano and
repealing Ordinance No. 53"
"No. 141 - An Ordinance of the City of San Juan
Capistrano, establishing and adopting by reference
the Orange County Uniform Housing Code as the Uniform
Housing Code of the City of San Juan Capistrano"
"No. 142 - An Ordinance of the City of San Juan
Capistrano, establishing and adopting by reference
the Orange County Uniform Mechanical Code as the
Uniform Mechanical Code of the City of San Juan
Capistrano"
"No. 143 - An Ordinance of the City of San Juan
Capistrano, establishing and adopting by reference
the Plumbing Code of the County of Orange as the
Plumbing Code of the City of San Juan Capistrano
and repealing Ordinance No. 8"
"No. 144 - An Ordinance of the City of San Juan
Capistrano, establishing and adopting by reference
the Electrical Code of the County of Orange as the
Electrical Code of the City of San Juan Capistrano
and repealing Ordinance No. 7".
(c) Directro of Public Works, T. J. Meadows
(1) Seal coat scheduled for maintenance of itemized streets.
Council so directed to proceed.
(2) Reported that directional signs for Del Obispo at Ortega
and Del Obispo at Camino Capistrano are to be installed.
(3) Contacted Real Property Services regarding excess parcel of
land which lies southerly of old sewer treatment plant site.
(4) Letter from Dana Point Sanitary District regarding charges
and schedule of tests to be provided.
(5) Reported investigation of dead cedar tree; Davey's Tree
Service to remove without charge.
(6) Stated initial consideration for providing uniform service
to public works personnel.
(7) Submitted contract for engineering consultant service by
Lowry Engineering -Science. Motion made and duly seconded
authorized the Mayor and City Clerk to accept and sign the
contract agreement with Lowry Engineering -Science. Motion
carried and so ordered.
(d) City Engineer, Jack Y. Kubota
(1) Construction items related phases of installation of sewers
in Tract No. 6169; storm drain in Tract No. 6169; sewers
in Tract No. 6225; and final phases od development on the
Phillips 66 service station (DL 67-103).
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(2) Bond exonerations requested:
a. Tract 6121, Street lights.
b. Tract 5624, Monumentation.
Councilman Bathgate made a motion, seconded by Councilman
Durnford, that the subject bonds be exonerated. Carried
and so ordered.
(3) Villa Capistrano Mobilehome Park street improvements
progressing.
(4) Plan checks on new tracts.
(5) Signalization plans near completion.
(6) Camino del Avion and Del Obispo Street intersection problem
still outstanding.
(7) Recommended payment by purchase order sufficient for additio-
nal work on street improvements on Del Obispo Street, con-
structed by Griffith Company.
(e) Councilman Bathgate
(1) Related agreement of Orange County Waterworks District #4
with Santa Margurita Water District approved and signed.
(2) Tentative report to be submitted by Board of Supervisors
re: Transfer of Orange County Waterworks District #4 to
City of San Juan Capistrano.
(3) Inquired why yellow curb had been painted red thereby
deleting a potential additional parking space.
(f) Councilman Durnford
Reported fill operation at old treatment plant site is progress-
ing in good order.
(g) Councilman Forster
Asked the status of the proposed C -1-H zoning, as it affects the
proposed development of a "Kentucky Fried Chicken" business on
Keystone Investment property. Also, reported contact with County
of Orange regarding the "implied park" and public works mainten-
ance with the advent of procurement of excess parcel of land.
(h) Mayor Chermak
(1) Noted land use violation and questioned the effectiveness
of ordinances.
(R) Charged the City Council with serious consideration to ex-
pedite the assumption of municipal functions relative to
building department services and police department.
(3) Clarified an interpretation on lighting facilities on private
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parking lots, vs city streets.
(4) Instructed staff to begin a separate file on the airport;
request from FAA, copies of complaints received, etc.
(5) Questioned the scope of function of a proposed Airport Land
Use Commission.
(6) Asked the status of repairing damage done by Orange County
Road Department weed spray at San Juan Hills golf course.
ADJOURNMENT
The meeting adjourned at 10:35 PM.
r st A. Thomp)Si�on
City Clerk-Administr or
These are the official proceedings of the City Council of San Juan
Capistrano at their Regular Adjourned Meeting of September 30, 1968
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