69-0113_CC_Minutes_Regular MeetingMinutes of the Meeting of the City Council of San Juan Capistrano
JANUARY 13, 1969
The regular meeting of the City Council was called to order at
7:04 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.
The minutes of the regular meeting of December 23, 1968 were
approved as presented.
WRITTEN COMMUNICATIONS
(a) Notice, Orange County Division, League of California Cities,
monthly meeting for January 1969 and Minutes of Executive Com-
mittee, December 12, 1968 - Informational
(b) Mayor Chermak and Councilman Bathgate reported on League of
California Cities meeting attended January 9th regarding Unin-
corporated Islands Within Cities.
(c) Report of the Orange County League of Cities Committee on the
Harbor District Dissolution Study and request for action by the
end of February 1969. Councilman Durnford moved to adopt Reso-
lution No. 69-1-13-1 (listed as Exhibit "C" in the report),
declaring the City's position on the County Harbor District and
approving the program of the Orange County League of Cities to
initiate dissolution proceedings. Passed, approved and adopted
by the following vote: Ayes: Councilmen Durnford, Bathgate,
Olivares and Chermak. Absent: Councilman Forster. Councilman
Bathgate then offered Resolution No. 69-1-13-2 (Exhibit "D"), a
resolution making application to LAFCO for the dissolution of _
the County Harbor District in accordance with the provisions of
the Government Code. Adopted by unanimous vote. Councilman
Forster counted absent.
(d) Resolution from Board of Supervisors regarding fire protection
costs in the County. Discussion ensued relative to progressive
transition. Mayor Chermak requested staff to study situation
for report back to Council.
(e) Letter from Office of Governor Reagan giving thanks for receipt
of resolution commending the leadership of Dr. S. I. Hayakawa.
Received and filed.
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(f) Letter received from California Highway Commission acknowledging
receipt of resolution regarding proposed Camino Las Ramblas
Interchange presented at meeting in Sacramento. Councilman Durn-
ford, who was in attendance, reported on said meeting. City
Administrator then stated he received letter this date from High-
way Commission containing agreement for right of way for subject
interchange of freeway and requesting execution of said agreement.
This was presented to City Engineer and Director of Public Works
for review and report at the next regular meeting.
(g) Resolution received from California Highway Commission restating
procedure relative to adoption of freeway locations by the Com-
mission - Received and filed.
(h) City Administrator reported on Board of Supervisors' agenda
items. Item 25, December 24, 1968. Re: Temporary Sidewalk.
Executed agreement - County will pay 50% as its share of costs.
(Councilman Forster arrived at 7:35 PM)
ORAL COMMUNICATIONS
(a) Mr. Ron Broaddus appeared representing Dr. Watkins regarding Land
Use Permit 68-111 (Mobilehome Park). Considerable discussion
took place regarding entrance drive and cul-de-sac at end of
Avenida Aeropuerto. Mayor Chermak requested that City Engineer
and project engineer work out decision for presentation at the
next regular meeting.
(b) Elmer Christiansen, Engineer for Marina View Heights, stated his
company wished to apply for a Grading Permit to improve slide area
south of the golf course for future development and requested City
to write letter of clearance to Grading Department. City Engineer
presented plan for massive grading operation (52 M yards of dirt).
Councilman Durnford moved that clearance be given to the Grading
Department for this particular project. Motion seconded by
Councilman Bathgate and carried unanimously. City Engineer to
write letter of clearance.
TREASURY REPORTS
The Statement of Cash Receipts and Disbursements for the month
ending December 31, 1968 from the Office of the City Treasurer and the
Quarterly Report prepared by Director of Finance were presented.
Councilman Forster, seconded by Councilman Bathgate, moved that the
reports be accepted and filed for audit. Carried unanimously.
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CONFERENCE REQUESTS
(a) American Society of Planning Officials, April 19, 1969 in Cin-
cinnati, Ohio - Councilman Forster moved that City Planner and
one Planning Commissioner be authorized to attend, with necessary
expenses paid. Seconded by Councilman Durnford and carried
unanimously.
(b) Annual Spring Meeting of City Managers, February 27-28, March 1,
1969, Monterey, California. Councilman Bathgate, seconded by
Councilman Durnford, moved that City Administrator and Director
of Finance be authorized to attend, with necessary expenses paid.
Carried by unanimous vote.
(c) Symposium, February 7, 1969 - "The Computer and Local Government".
Staff to make necessary arrangements for attendance.
(d) Director of Public Works requested authorization for City Engineer,
Superintendent of Streets and himself to attend California Streets
and Highways Conference to be held in Los Angeles January 30 -
February 1, 1969, registration fee $15.00 per person. Councilman
Bathgate, seconded by Councilman Forster and carrying unanimously,
moved that request be granted.
PUBLIC HEARING - RZ 68-107 (Williams) - Rezone U-1 to C-1
The Mayor announcing that this was the time and place set for
public hearing on RZ 68-107, declared public hearing opened. No one
appeared to speak in opposition to granting of the rezone. Mr. Randy
Williams, representing the proponent, explained future usage of pro-
perty. Public hearing closed. Upon the recommendation of the Plan-
ning Commission, Councilman Durnford moved that RZ 68-107 be approved
and that an ordinance be drafted to affect said rezone. Seconded by
Councilman Forster and carried unanimously.
PLANNING COMMISSION MATTERS
(a) Minutes of January 7, 1969.
(b) Resolution of Determination, C2 -A usage.
UNFINISHED BUSINESS
(a) Appeal on Land Use Permit 68-108 (Holbert) - Pending recommend-
ation from the Planning Commission, Council concurred that the
matter be held over to the next regular meeting for final decision.
(b) Upon motion of Councilman Forster, duly seconded and carried,
City Attorney rendered second reading of proposed Ordinance No.
151, an ordinance establishing and adopting by reference the
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Orange County Grading Code as the Grading Code of the City of
San Juan Capistrano, for adoption. Passed, approved and adopted
by unanimous vote.
(c) First reading of proposed Ordinance amending Ordinance No. 115.
After very lengthy discussion, matter continued to the next regu-
lar meeting.
(d) Mr. Dick Toal appeared on behalf of Transamerica Development Com-
pany in their request for permission to permit encroachment into
public street, Paseo Acacia (Casas Capistrano). City Engineer
recommended denial of request and removal of pilaster. Council-
man Forster, seconded by Councilman Durnford, moved that the
recommendation of the City Engineer be upheld. Carried unanimously.
NEW BUSINESS
(a) R. M. Galloway appeared before Council on bahalf of Mr. Carl E.
Buchheim requesting waiver of improvements in commercial zoning,
other than those improvements required in connection with the
construction and development of the service station site (Junipero
Serra Road). Councilman Durnford moved that contingent upon the
conveyance of easement for right of way along Junipero Serra and
Camino Capistrano, the request be granted. Motion seconded by
Councilman Bathgate and carried by unanimous vote. So ordered.
(b) Salary step increase, City Planner, effective January 10, 1969.
Councilman Durnford moved that step increase be authorized.
Motion seconded by Mayor Chermak. Motion failed by vote of 2 to 3.
(c) Contract award, Darmi Tract Interceptor Sewer, Unit II - Donald J.
Martinson, Engineer, Lowry Engineering -Science, stating bid in
order, recommended that contract be awarded to Barnett & Thomas
in the amount of $17,358.40, subject to the approval of the Fed-
eral Water Pollution Control Act (FWPCA). Councilman Bathgate
moved that the recommendations of the consulting engineer and
Director of Public Works be upheld. Motion seconded by Council-
man Durnford and carried unanimously. So ordered.
(d) Mr. Martinson, Lowry Engineering -Science, reported on the comp-
letion of construction of the Darmi Interceptor Sewer, Unit I.
He requested that Change Orders and extra work in the amount of
$614.05 be allowed, making a total cost of $55,423.45, and that
a final progress payment of $16,581.11 be made. He also requested
a Notice of Completion be recorded. Councilman Bathgate, seconded
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by Councilman Durnford, moved that payments be made as requested and
Notice of Completion filed. Motion carried by unanimous vote and
so ordered.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
Asked for comment regarding Law Enforcement review. After dis-
cussion regarding possibility of City contracting for police
services through sister city, Mayor Chermak instructed City Admin-
istrator to contact City of San Clemente to obtain information
relative to the subject.
(b) City Attorney, John H. Dawson
Suggested items under Oral Communications be limited to 5 minutes.
(c) Director of Finance, Harold L. Albert
Petty Cash fund in the amount of $25.00 inadequate and requested
increase to $50.00. Councilman Forster, seconded by Councilman
Bathgate, moved to raise Petty Cash fund to $50.00. So carried
by unanimous vote.
(d) Director of Public Works, T. J. Meadows
(1) Recommended setting sewer connection fee for Kentucky Fried
Chicken restaurant at $200.00. Councilman Bathgate, second-
ed by Councilman Forster, moved that recommendation of Mr.
Meadows be upheld. Carried unanimously.
(2) Recommended setting sewer connection fee for 12,000 sq. ft.
Birtcher-Pacific building in industrial area at $1,600.00.
Councilman Durnford, seconded by Councilman Forster, moved
to uphold said recommendation. So carried.
(e) City Engineer, Jack Y. Kubota
Dr. Watkins wishes to obtain encroachment permit to move dirt
from City right of way on Camino Capistrano to use as fill for
proposed trailer park. Would require they bring city street
right of way up to grade to allow for widening apron at Avenido
Aeropuerto entrance. Mayor Chermak instructed City Engineer to
proceed.
(f) Councilman Bathgate
Requested meeting date for City Hall facilities committee. Date
was set for Friday, January 17, 1969 at 4:00 PM.
(g) Councilman Durnford
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Fill still being brought in to pond at old sewer treatment plant
site.
(h) Mayor Chermak
Request from California Bi -Centennial Committee for planting
of appropriate tree.
ADJOURNMENT
The meeting adjourned at 10:55 PM.
rn st A. Thompson
City Clerk-Administra or
These are the official proceedings of the City Council of San Juan
Capistrano at their regular meeting held January 13, 1969.