68-1223_CC_Minutes_Regular Meeting41
Minutes of the Meeting of the City Council of San Juan Capistrano
DECEMBER 23, 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
Ernest A. Thompson, City Administrator.
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.
The minutes of the regular meeting of December 9, 1968 were
approved with minor correction.
WRITTEN COMMUNICATIONS
Letter of Appeal on denial of application for mobilehome park
(LUP 68-109) received from Mr. H. J. Giddings. Mayor Chermak set
public hearing for February 10, 1969 at the hour of 7:00 PM.
TREASURY DEMANDS
The list of demands for the month ending December 31, 1968 were
presented by Director of Finance. Warrant #3857 in the amount of
$350.00 payable to City Attorney for special legal services and War-
rant #3858 in the amount of $1,250 for Easement Grant Deed on Brown
Estate property payable to First Western Bank & Trust Co. were added
to the list. Councilman Forster, seconded by Councilman Bathgate,
moved that Warrant Nos. 3783 through 3858, inclusive, in the total
amount of $86,138.09 be paid. Motion carried by 4 to 1 vote, Council-
man Durnford voting "No".
PUBLIC HEARINGS
(a) Establishment of Underground Utility District No. 1.
Mayor Chermak stating this was the time and date advertised for
public hearing on the above, declared public hearing opened.
Representatives of SDG&E outlined procedure for said establish-
ment. No one appeared to speak in opposition. Councilman Bath-
gate offered Resolution No. 68-12-23-1 establishing Underground
Utility District No. 1. Roll Call vote: Ayes - Councilmen
Bathgate, Durnford, Forster, Chermak. Noes - Councilman Olivares.
Discussion then centered around allocation of funds. Councilman
Bathgate moved that City Administrator be authorized to communi-
with utility companies regarding accrual of funds. Seconded by
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Councilman Forster and carried unanimously.
(b) Appeal on Land Use Permit 68-108 (Holbert) by Roy L. Byrnes, MD.
Mayor Chermak declared public hearing opened. Dr. Byrnes stated
reason for his appeal. Thomas O'Keefe, counselor for Dr. Byrnes,
also commented regarding the appeal. Mr. Holbert then spoke
defending action taken by the Planning Commission in granting
his Land Use Permit. City Administrator presented Plat Plan of
proposed mobilehome park. Mayor Chermak stated decision should
be held in abeyance until Study Session is held by Council.
Proponents concurred. Public hearing closed. The Mayor then
set the date of January 6, 1969 at 7:00 PM for a study session
relative to mobilehome parks
Commission to attend.
PLANNING COMMISSION MATTERS
Council members and Planning
(a) Minutes of Meeting of December 17, 1968 presented by Secretary.
Councilman Forster stated he would like to see suspension of all
Planning Commission activities until a new ordinance is invoked.
(b) Public hearing on RZ 68-106 (Riley) set for January 27, 1969 at
7:00 PM.
(c) Public hearing on RZ 68-107 (Williams) set for January 13, 1969
at 7:00 PM.
UNFINISHED BUSINESS
(a) Second reading, proposed Ordinance No. 149. Councilman Bathgate,
seconded by Councilman Durnford and carrying unanimously, moved
that ordinance be read by title only. City Attorney rendered
second reading of proposed Ordinance No. 149 by title only.
Councilman Bathgate then offered proposed Ordinance No. 149,
granting a non-exclusive franchise for cable TV system to Times-
Mirror TV Cable Company. Passed, approved and adopted by unani-
mous vote.
(b) Second reading, proposed Ordinance No. 150, amending Ordinance
No. 108. Councilman Forster, seconded by Councilman Durnford,
moved that ordinance be read by title only. Carried unanimously.
City Attorney so rendered. Councilman Durnford offered Ordinance
No. 150, amending Ordinance No. 108 relating to a revision of
franchise charges for cable television, for adoption. Passed,
approved and adopted by unanimous vote.
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(c) City Attorney read draft of proposed ordinance relative to matters
of the Planning Commission and amending Ordinance No. 115. A
transcript is to be presented for review at Study Session, and
action deferred until the next regular meeting.
(d) Preliminary report regarding Law Enforcement held for Study
Session.
NEW BUSINESS
(a) Proposed Ordinance - Adoption of the Orange County Grading Code.
Upon the recommendation of Councilman Durnford, Councilman Bath-
gate moved that proposed ordinance be adopted by reference only.
Motion seconded by Councilman Forster and so carried. City
Attorney rendered proposed ordinance adopting the Orange County
Grading Code by title only. This constituted first reading.
(b) Transamerica Development Company request for permission to per-
mit encroachment (Casas Capistrano). Proponents asked that the
matter be continued to the next regular meeting.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
(1) Received correspondence from Orange County Flood Control
relative to Master Plan of drainage and drainage fees as
would affect the City.
(2) In session at County Administration offices regarding re-
view of study of Fire Protection costs. Projection is that
costs would almost double.
(3) Agreement regarding Del Obispo sidewalk is on Board of
Supervisors' agenda.
(4) Correspondence regarding reorganization of Moulten-Niguel
and Santa Margarita Water Districts.
(b) City Attorney, John H. Dawson
In receipt of Easement Grant Deed from First Western Bank and
Trust Company (Brown Estate property). Councilman Forster offered
Resolution No. 68-12-23-2, accepting an Easement Grant Deed and
authorizing the payment therefor and the recording thereof.
Passed, approved and adopted by unanimous vote.
(c) Director of Public Works, T. J. Meadows
(1) Presented memorandum from his office and Memorandum from
City Engineer regarding merit increase for Superintendent
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44 of Public Works, Benny Davis, and recommending he be ad-
vanced to Step 3, Range 26 at a salary of $842.00 commenc-
ing January 1, 1969. Councilman Durnford, duly seconded,
moved that merit increase be granted as outlined in recom-
mendations. Motion carried by 3 to 2 vote, Councilmen Forster
and Olivares voting "No".
(2) Recommended treatment plant operator, Ed Vallavanti, be
granted merit increase to Step 4, Range 23, at a salary of
$755 per month, retroactive to November 1, 1968. Council-
man Forster, seconded by Councilman Bathgate, moved that
the recommendation of Mr. Meadows be upheld. Carried
unanimously.
(3) Progress report on Darmi Interceptor Line, Unit #1 - 95%
completed.
(4) Has been assured by Division of Highways Engineer Camino
Capistrano and Valle Road off -ramp to be opened by Friday,
December 27th.
(5) Discussion ensued relative to truck weight limits, speed
limits, no parking signs, etc. on new Del Obispo extension.
Councilman Bathgate offered Resolution No. 68-12-23-3
establishing speed limit of 35 MPH and placement of No
Parking signs on extension of Del Obispo from the inter-
section of Camino Capistrano to the Ortega Highway. Passed,
approved and adopted by unanimous vote. Investigation to
be made for safety factors on older portion of Del Obispo.
(d) City Engineer, Jack Y. Kubota
(1) Delivered Easement Grant Deed to Mr. & Mrs. Ed Chade for
right of way on Alipaz. Mr. Chade to return to City Clerk
December 24. Councilman Bathgate then offered Resolution
No. 68-12-23-4 accepting the Grant Deed for right of way
of Alipaz Street and authorizing the recording thereof.
Passed, approved and adopted by unanimous vote.
(2) Plan checking for improvement of San Juan Creek Road and
realignment of Ganado Road (Kolbet Tract).
(3) Discussion with property owner and Humble Oil Co. regarding
service station at Junipero Serra and San Diego Freeway.
(e) Councilman Bathgate
(1) Committee for City Hall study met with school officials
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and went through old High School. Was impressed for use
of facility. Could be modified with little expense.
(2) In talking with Mr. John Killifer, assistant to Supervisor
Allen, found he would like to meet with Council for dis-
cussion relative to transfer of Waterworks District No. 4,
and he suggested a dinner meeting in the near future.
Councilman Bathgate and City Administrator are to arrange
such a meeting.
(f) Councilman Durnford
(1) Reported on meetings with State Highway Commission held in
Sacramento and Los Angeles (District 7) relative to Las
Ramblas Interchange.
(2) Still receiving material for pond filling.
(g) Councilman Forster
(1) Working on report on Alipaz Street project.
(2) Requested Council adjourn to an Executive Session.
(h) Mayor Chermak
Holiday Dinner Party for December 28th now progressing. Asked
Council to consider paying approximately $200 for food costs.
Councilman Bathgate, seconded by Mayor Chermak, moved that this
expenditure be made. Carried unanimously.
ADJOURNMENT
The meeting adjourned at 10:23 PM to an Executive Session.
eonti.ne M. Vallavanti
Deputy City Clerk
These are the official proceedings of the City Council of San Juan
Capistrano at their regular meeting held December 23, 1968.
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