68-1125_CC_Minutes_Regular Meeting9
Minutes of the Meeting of the City Council of San Juan Capistrano
NOVEMBER 25, 1968
The regular meeting of the City Council was called to order at
7:02 PM by Mayor Edward S. Chermak.
The pledge of allegiance was recited. Invocation was given by
City Attorney, John H. Dawson.
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 7:07 PM,
The minutes of the Special Meeting of November 8 and the Regular
Meeting of November 12, 1968 were approved as presented.
WRITTEN COMMUNICATIONS
(a) Resolution from City of Upland urging all Government officials
to consider closing Mexican border to American minors for the
curtailment of narcotic problems. Received and filed.
(b) Resolution from City of Brea calling for a return to respect for
law and order and civil obedience. Received and filed.
(c) Resolution from City of Costa Mesa opposing proposed cutback in
use of Highway Trust Funds for highway projects. Mayor Chermak
requested more information on this item and directed it deferred
to the next regular meeting.
(d) Memorandum note regarding closing of County disposal facilities
on Thanksgiving Day, Christmas and New Year's Day.
(e) Request from Orange County Mosquito Abatement District for
appointment of representative to Board of Trustees. Mr. Howard
M. Lattimer had expressed his willingness to again serve for
the next two year term of office. Therefore, Councilman Durnford,
seconded by Councilman Bathgate, moved that Mr. Lattimer be re-
appointed to the Mosquito Abatement Board. Motion carried unanim-
ously. County to be so advised.
(f) Letter of confirmation received from County Administrative Office
and official resolution from Board of Supervisors relative to
law enforcement services. City Administrator stated City is now
on notice that law enforcement services agreement will be termi-
nated effective June 30, 1069. Mr. Thompson is to contact County
representatives inviting them to Study Session to be held Monday,
December 2, 1968 at 7:00 PM.
(g) Letter from H. G. Osborne, Orange County Flood Control District,
and resolution, Board of Supervisors, regarding creation of an
advisory committee to work on San Juan Creek basin study. Council-
man Durnford, seconded by Councilman Forster, moved that Council-
man Bathgate be designated as a committeeman with City Engineer,
Jack Y. Kubota appointed as an alternate to serve on the San Juan
Creek basin study.
TREASURY DEMANDS
Carried by unanimous vote.
The list of demands ending November 30, 1968 was presented by
Director of Finance. Councilman Bathgate moved that Warrant Nos.
3706 through 3782 in the total amount of $140,696.66 be issued for
payment. Motion seconded by Councilman Durnford and carried unanim-
ously.
PUBLIC HEARING - Times-Mirror TV Cable Franchise
Mayor Chermak announced that this being the date and time set
for public hearing on the Times-Mirror TV Cable Franchise, asked if
anyone wished to speak in favor of said franchise. Mr. Vernon Gill,
representing Times-Mirror TV Cable Company, respectfully requested
issuance of a non-exclusive franchise in the City. Mayor Chermak
then asked for comments in opposition to the proposed franchise. Mr.
Gene Robinson, representing Storer Cable TV Inc., spoke opposing said
franchise. Mayor Chermak then declared public hearing closed.
Legal counsel stating Times-Mirror well within order to request
franchise, Councilman Bathgate moved that the City Attorney be in-
structed to draw an ordinance granting the non-exclusive franchise.
Motion seconded by Councilman Durnford and carried by 3 to 2 vote,
Councilmen Forster and Olivares voting "No".
Both TV cable companies having mutually agreed to pay the City -
$1,200 per year or 2% of the gross annual receipts, whichever is the
greater sum, Councilman Bathgate moved that the City Attorney be in-
structed to draw ordinance amending Ordinance No. 108 to reflect
monetary changes as noted above.
and carried by unanimous vote.
PLANNING COMMISSION MATTERS
Seconded by Councilman Durnford
Minutes of November 19, 1968, with Resolution, Tract 6788,
presented by Secretary of the Planning Commission. Several Council
members took exception to certain conditions granted on LUP 68-113
(Owens-Illinois). City Attorney stated Land Use Ordinance could be
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rewritten giving City Council authority to appeal on Planning Com-
mission matters. He will research and report back to Council.
UNFINISHED BUSINESS
(a) Legal counsel having approved as to form, Councilman Bathgate
moved that the Mayor and City Clerk be authorized to sign and
record agreement with Associated Mortgate & Investment Company
for participation in Underground Utilities Project (LUP 68-104).
Motion seconded by Councilman Forster and carried unanimously.
(b) LUT 68-109 (Giddings) - to permit establishment of a mobilehome
park in U-1 District. Councilman Durnford moved that permit be
approved. Seconded by Councilman Olivares. Motion failed by
2 to 3 vote. Mayor Chermak directed staff to notify Planning
Commission so they may advise applicants if they wish to initi-
ate an appeal.
(c) Councilman Durnford, seconded by Councilman Bathgate, moved that
second reading of proposed Ordinance No. 146 be read by title
only. Motion carrying unanimously, City Attorney so read.
Councilman Bathgate then moved that Section 6, sub -paragraph (a)
be deleted. Seconded by Councilman Olivares and carried by 4
to 1 vote. Councilman Bathgate therefore offered Ordinance No.
146, entitled "Ordinance establishing regulations and procedures
for the removal of overhead utility facilities and the install-
ation of underground facilities in underground utility districts",
for adoption. Passed, approved and adopted by unanimous vote.
(d) Councilman Bathgate, seconded by Councilman Durnford, moved that
second reading of proposed Ordinance No. 147 be read by title
only. Carried unanimously. After second reading by title only,
Councilman Durnford offered Ordinance No. 147, Amendment No. 8
to the "Precise Zoning Map", for adoption. Passed, approved ami
adopted by unanimous vote.
NEW BUSINESS
(a) Councilman Bathgate offered Resolution No. 68-11-25-1, setting
the date of December 23, 1968 at the hour of 7:00 PM as the date
for public hearing on formation of an underground utility dis-
trict. (Map and description of district to be provided for reso-
lution.) Resolution passed, approved and adopted by unanimous
vote.
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(b) Councilman Bathgate moved that first reading of proposed Ordin-
ance No. 148, RZ 68-105, rezoning of Haven property from U-1 to
PD District, be read by title only. Motion seconded by Council-
man Forster and carried unanimously. City Attorney then read
proposed Ordinance No. 148, Amendment No. 9 to "Precise Zoning
Map", by title only.
(c) City Engineer made presentation of Tract Map 5702 (Belinda Co. -
Marina Capistrano area). Upon recommendation of Mr. Kubota,
Councilman Durnford moved that Tract Map 5702 be approved,
accepted and authorized for recordation. Motion seconded by
Councilman Bathgate and carried unanimously.
(d) Appeal received from Roy L. Byrnes, M.D., in connection with
Land Use Permit 68-108. Mayor Chermak set the date of Monday,
December 23, 1968 at the hour of 7:00 PM for public hearing on
the above item. Complete packet will be presented to Council
for review.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
(1) Reported on Board of Supervisors' agenda items.
(2) Sidewalk agreement for section on Del Obispo returned from
County Road Department office as unsatisfactory. Would
like to send agreement directly to Board of Supervisors for
payment, attention of John Killifer.
(3) Called California State Highway Commission in Sacramento
regarding status of Camino Las Ramblas interchange. Was
informed it might be wise to be placed on December 18th
agenda. Therefore, Councilman Durnford, seconded by Council-
man Bathgate, moved that the City submit a request to be
placed on the State Highway Commission agenda of December
18, 1968, and that a representative appear on behalf of the
City. Motion carried by unanimous vote.
to attend said meeting.
City Attorney, John H. Dawson
Councilman Durnford
(1) Received description of easement along Brown Estate pro-
perty. Requested resolution authorizing eminent domain
proceedings, if necessary. Councilman Forster offered
Resolution No. 68-11-25-2 authorizing condemnation, if
necessary. Unanimously adopted.
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(2) Will report at next regular meeting regarding Council
rights to appeal Planning Commission actions.
(c) Director of Public Works, T. J. Meadows
(1) Capistrano Beach Sanitary District joint powers agreement
close to expiration date. They have expressed willingness
to extend agreement under same terms and conditions as in
the past. Councilman Bathgate, seconded by Councilman
Durnford, moved that Mr. Meadows be authorized to negotiate
extended joint powers contract with Capistrano Beach. Motion
carried unanimously.
(2) Regarding proposal for excess property east of the Stoffel
tract, State has offered parcel of 3.42 acres for an amount
of $37,620. Mayor Chermak directed that they be notified
the City is not interested at that price.
(3) Regarding item of last meeting relative to temporary pave-
ment of trench in Stoffel tract, contractor has offered 34�
per square foot. Recommended Council accept this offer.
Councilman Bathgate, duly seconded, moved that the recom-
mendation of Mr. Meadows be upheld. Carried unanimously.
(4) Read letter from Frank Fehse, Mission Viejo Company, regard-
ing preliminary negotiations for sanitary sewer service
agreement and requested that Council authorize Lowry -Engineer-
ing -Science to participate in preliminary study. Council-
man Forster moved that the consulting engineers be author-
ized to make the study with the contingency that the City
be reimbursed up to 50% of the costs by Mission Viejo Company.
Seconded by Councilman Durnford and carried unanimously.
(d) City Engineer, Jack Y. Kubota
(1) Regarding status of Transamerica Development Company, one
item merits immediate attention. Maintenance District should
be activated for Tract 5947. City Attorney to make recom-
mendation at the next regular meeting.
(2) Received inquiry from Santa Fe Railway. They wish to lift
spur track to alleviate drainage system at Verdugo crossing.
(3) Attended meeting at which matter of railroad crossings
requiring automatic gates and signals along the Santa Fe
come up in the next fiscal year. If the City's street
improvement program is far enough along, railroad people
will construct the safety devices at ultimate design and
improvement locations.
(e) Councilman Bathgate presented proposed resolution regarding the
matter of transfer of Waterworks District #4 to the City. Sug-
gested Council study for suggestions and/or changes to be made
at the next regular meeting.
(f) Councilman Durnford stated 150,000 years of material dumped in
pond. Still being brought in.
ADJOURNMENT
There being no further business, the meeting adjourned at
10:30 PM.
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City Clerk-Admifiistrator
These are the official proceedings of the City Council of San Juan
Capistrano at their regular meeting of November 85, 1968.
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