68_1014_CC_Minutes_Regular Meeting6z Minutes of the Meeting of the City Council of San Juan Capistrano
OCTOBER 14, 1968
The regular meeting of the City Council was called to order at
7:00 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, Antonio M. (Tony) Olivares and Edward S. Chermak.
Councilman Thomas A. (Tony) Forster arrived at 7:05 PM.
The minutes of the regular meetings of September 23, 1968 and
the regular adjourned meeting of September 30, 1968 were approved as
presented.
WRITTEN COMMUNICATIONS
(a) Correspondence from Orange County Division, League of California
Cities, relative to the following: Notice of Annual Orange
County Breakfast; Minutes of September General Meeting; Report
on proposed creation of Fire Service Area in portion of Western
Orange County, County Administrator'§ office - Informational
(b) League of California Cities - Correspondence relating to Propo-
sition No. 9. Campaign Handbook for City Officials on file in
office of the City Clerk - Received and filed.
(c) PUC notice setting public hearing on application of SKYBUS, INC.
for Certificate of Public Convenience and Necessity - Informational
(d) Orange County Board of Supervisors - Minutes of October 8, 1968
re: Report of Study Group on Transfer of Waterworks District #4
to City of San Juan Capistrano - Report attached. Deferred until
later in the meeting.
(e) Letter of appreciation from Santa Margarita Water District for
City's cooperation.
(f) Request from San Juan Capistrano Fiesta Association for renewal
of Franchise Permit. Councilman Durnford, seconded by Councilman
Forster, moved that the request be granted subject to same con-
ditions previously imposed. Motion carried unanimously.
(g) Mr. Stewart A. Clark, owner of Villa San Juan Mobilehome Park,
appeared before Council requesting waiver of undergrounding power
lines along frontage of Camino Capistrano. After considerable
discussion, Councilman Forster moved to grant the waiver with
stipulation that at the determination of City Council, because
of adjacent development it becomes feasible to underground all
to -14-69
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utilities, this condition be met within six months after notice
given of the determination by City Council; and that a letter
of guarantee, duly notarized for recordation, be forthcoming
by the developer. Motion seconded by Councilman Olivares and
carried by a majority vote, Councilman Durnford voting "No".
(h) Mr. Stewart A. Clark presented a proposal for off-site sanitary
sewer. Mayor Chermak deferred the matter to the next regular
meeting for further study and consideration.
(i) Request from S. Alan Schwartz for extension of temporary use and
occupancy permit (DOL 66-103). Due to delay in delivery of
mission bell type street lights, Councilman Durnford moved that
the request be granted. Motion seconded by Councilman Bathgate
and carried unanimously.
(j) Resolution from City of Newport Beach supporting Proposition lA
and Proposition 7 - Informational
(k) City Administrator noted Items on Board of Supervisors' agenda
relative to Waterworks District #4.
ORAL COMMUNICATIONS
Mrs. Charlene Wert appeared on behalf of the Capistrano Unified
School District PTA Councils opposing Proposition 9. Mrs. Hicks read
resolution passed by Capistrano Beach Chamber of Commerce also in
opposition. Mayor Chermak reiterated that Council did not intend to
take any official action in the matter.
COMMITTEE REPORT - Leasing of City Hall Facility
A Committee Report was submitted by Councilmen Bathgate and Forster
and Director of Finance, Harold L. Albert. Mr. Robert Patrick discussed
matter with Council and staff. With Council concurrence, Mayor Chermak
instructed City Attorney to draw lease as outlined in the report.
TREASURER'S REPORTS
The Statement of Cash Receipts and Disbursements for month ending
September 30, 1968 and the Quarterly Report of Summary Statement of
Cash Receipts and Disbursements and Fund Balances were presented by
Director of Finance. Councilman Forster, seconded by Councilman Durn-
ford, moved that both items be received and filed for audit. Carried
unanimously.
PLANNING COMMISSION MATTERS
Planning Commission Minutes of October 1, 1968 and Resolution of
Determination were presented for Council perusal.
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UNFINISHED BUSINESS
(a) Resolution from City of Newport Beach requesting Board of Super-
visors to appoint an Airport Land Use Commission. Item again
deferred to next regular meeting.
(b) Item regarding charge of duties by staff deferred to next
regular meeting.
(c) First reading of proposed Ordinance No. 139, Rezone from U-1
"Unclassified" District to E-2 "Medium Estates" District, RZ
68-103. Upon motion of Councilman Bathgate, seconded by Council-
man Forster and carrying unanimously, City Attorney rendered
first reading by title only.
(d) Second reading, proposed Ordinance Nos. 140, 141, 14'3,'143 and
144, all relative to adoption by reference to County Codes. At
the suggestion of City Attorney, the following Section is to be
added to subject ordinances: SECTION 2. In the event of any
dispute or disagreement as to the administration of this Ordi-
nance, the determination of the City Council of the City of San
Juan Capistrano shall be final. The City of San Juan Capistrano
reserves the right to waive, upon review and determination of
the City Council, any provision of this Ordinance." Councilman
Forster moved that proposed Ordinance No. 140 be read by title
only. Seconded by Councilman Bathgate and carried unanimously.
This constituted second reading. Councilman Bathgate then offered
Ordinance No. 140 for adoption. Passed, approved and adopted
by unanimous vote. Councilman Forster then moved that proposed
Ordinance Nos. 141, 142, 143 and 144 be read by title only.
City Attorney so read. Councilman Bathgate offered Ordinance
Nos. 141 through 144, inclusive, for adoption. Passed, approved
and adopted by unanimous vote.
(e) Councilman Forster, seconded by Councilman Durnford, moved that
first reading of proposed Ordinance No. 145, Rezone from U-1
"Unclassified" District to PC "Planned Community" District, RZ
68-102 (Rancho Capistrano) be read by title only. Motion carried
unanimously. City Attorney rendered first reading by title only.
NEW BUSINESS
(a) Proposed Agreement from Orange County Road Department between
City and County for construction of temporary sidewalk on Del
to -14-108
Obispo Street near Jr. High School area.
Councilman Bathgate v
moved that the Mayor and City Clerk be authorized to sign the
agreement with the elimination of Condition #4. Motion seconded
by Councilman Forster and carried unanimously. Councilman
Forster then moved that the project be initiated as expeditiously
as possible. Motion seconded by Councilman Olivares and carried
unanimously.
(b) Resolution of the City of San Juan Capistrano providing for the
issuance of Municipal Improvement Bonds in the amount of $500,000
(O'Melveny and Myers). Councilman Forster offered Resolution
No. 68-10-14-1 for adoption. Passed, approved and adopted by
unanimous vote.
(c) Resolution of the City of San Juan Capistrano directing the City
Clerk to publish Notice Inviting Sealed Proposals for Bonds of
said City. Councilman Bathgate offered Resolution No. 68-10-14-2
for adoption. Passed, approved and adopted by unanimous vote.
RECOMMENDATIONS AND REPORTS
(a) City Attorney, John H. Dawson
Asked for statement from Council regarding condemnation proceed-
ings on property located on the Southerly boundary of the ctiy
for easement purposes. Councilman Forster, seconded by Council-
man Bathgate, moved that the City Attorney be authorized to nego-
tiate and acquire the property in accordance with the statements
of value and conditions as submitted in the appraisal report of
Mr. Robert Harrison. Motion carried unanimously.
(b) Councilman Bathgate reported on activity regarding transfer of
Waterworks District #4 to the City. He recommended that the City
engage a special consultant for the purpose of pprsuing this
matter through the steps necessary to accomplish the fact. He
plans to make recommendation at the next regular meeting.
(c) City Administrator, Ernest A. Thompson, reported on Bartle Wells
tragedies and offered to extend condolences and sympathy on
behalf of the City. Councilman Bathgate, seconded by Councilman
Durnford, moved that he be so authorized. Motion carried unanim-
ously.
(d) Director of Public Works, T. J. Meadows
(1) Requested authorization, by Minute Order, to execute Permit
for crossing of Flood Control channel for installation of
sewer line. Councilman Bathgate, seconded by Councilman
io-i,/-G8
Durnford, moved that Mr. Meadows be authorized to execute
the Permit. Motion carried unanimously.
(2) Reported that southbound lanes of Freeway from San. Juan
Creek Road to south city limits to be closed October 16th
from Noon until 3:00 or 4:00 PM.
(e) City Engineer, Jack Y. Kubota, reported that the Planning Depart-
ment is in receipt of first material from Owens-Illinois facility.
This consists of sketches for bulk sand loading operation.
ADJOURNMENT
The meeting adjourned at 10:20 PM.
4e -i{
st A. Thompson/
City Clerk -Administrator
These are the official proceedings of the City Council at their
Regular Meeting of October 14, 1968.
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