69-0210_CC_Minutes_Regular Meeting58
Minutes of the Meeting of the City Council of San Juan Capistrano
FEBRUARY 10, 1969
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 Administrator, Ernest A. Thompson.
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 January 27, 1969 were
approved with one correction, that being erroneous street name.
WRITTEN COMMUNICATIONS
(a) Resolution from Orange County Board of Supervisors declaring
Orange County to be a disaster area and requesting Governor to
so proclaim. Discussion centered on how Supervisors arrived
at damage figures.
(b) Resolution, City of Tustin, urging Congressional hearings on sub-
ject of narcotics traffic between Mexico and California. Council
concurred in that the matter be considered under New Business at
a later date. City Administrator to contact school district to
obtain information regarding narcotic problems within the district.
(c) Resolution, Orange County Board of Supervisors, to consider the
establishment of certain agricultural preserves - Informational
(d) SCAG correspondence regarding Federal Grant Application Review
in connection with the Darmi Tract Interceptor Sewer - Info
(e) Request for consideration from South Laguna Disposal Company.
Mayor Chermak directed the matter be put on June agenda under
Budget Consideration.
(f) Requests from Girl Scout Council of Orange County and American
Cancer Society to conduct their annual campaigns. Permission
granted.
(g) Claim for damages to San Juan Hills Golf Course presented by
Marina View Heights Development Company. City Attorney was in-
structed to assist claimants as to proper form for presentation
to insurance carrier.
(h) Memorandum, Director of Finance, explaining Detachment 69-1 from
Laguna Niguel Maintenance bistrict - Informational
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(i) San Juan Capistrano Fiesta Association request to affirm Fiesta
Day Parade route March 15, 1969. Councilman Forster, seconded
by Councilman Bathgate, moved that parade route as outlined be
approved. Carried by unanimous vote.
(j) Announcement, Orange County Division, League of California Cities,
Executive Meeting for February, 1969. Minutes of January 23 and
Special Executive Meeting on Harbor District Dissolution January
30th attached. Mayor Chermak and Councilman Durnford to attend.
(k) Announcement of no host cocktail and dinner party, San Clemente
Elk's Lodge February 11, 1969. H. Linton, Executive Vice Presi-
dent, North American -Rockwell, to be guest speaker. Several
Council members to attend.
(1) Announcement for annual meeting, Transportation Association of
Southern California and joint meeting with SCAG, February 20,
1969. Reservation form attached.
(m) Mayor Chermak proclaimed February 17 through February 23rd as
"Heart Sunday Week".
ORAL COMMUNICATIONS - Subject: Kentucky Fried Chicken Sign
The following citizens appeared to oppose installation of pro-
posed "Bucket in the Sky" sign:
1. J. Wendell Jeffries - Presented petition signed by 172 persons
objecting to said sign. He also stated "cuisine delectable
but sign objectionable".
2. Josh Gammell - Read resolution from E1 Adobe Plaza Merchants'
Association in opposition to sign.
3. G. R. Durenberger - Echoed comments regarding opposition.
4. Mrs. Walter 0. Porter, on behalf of Fiesta Association Board,
speaking in opposition to sign.
5. Letter received from Capistrano Valley Realty opposing rotating
bucket.
6. Dan Mitchell - Opposed sign, stating theme and motif of early
California very important to city.
7. Bruce Winton, on behalf of Chamber of Commerce and Historical
Society opposing proposed sign.
Mr. Joe Finkelberg, a partner in the Col. Saunders business, again
spoke before Council, stating restaurant hopes to open in April and in
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order to remain friendly in the city, they would forego the bucket and
settle for free-standing sign plus signs on all the sides of building.
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After much Council deliberation, Mayor Chermak moved that signs
on building and free-standing wrought iron sign, minus the arrow, be
allowed. Motion seconded by Councilman Bathgate. Councilman Forster
then asked for a roll call vote: Ayes: Chermak, Bathgate, Durnford.
Noes: Forster and Olivares. Motion carried by 3 to 2 vote.
Councilman Forster then moved that physical location of signing
be referred back to Planning Commission for consideration of precise
plan. Motion seconded by Councilman Durnford and carried by majority
vote, there being two abstentions.
Councilman Bathgate expressed appreciation for audience
participation.
TREASURER'S REPORT
The Statement of Cash Receipts and Disbursements for the month
ending January 31, 1969 was presented from the office of the City
Treasurer. Councilman Bathgate, seconded by Councilman Durnford, moved
to accept Treasurer's Report and file for audit. Carried unanimously.
PUBLIC HEARING - Appeal on denial of LUP 68-109 (Giddings)
Mayor Chermak stating this was the time and place set for public
hearing, declared public hearing opened. City Administrator stated
he was in receipt of letters from Mr. Leo Chade and Mr. Dick Newcombe
requesting favorable consideration regarding proposed mobilehome park.
Mr. Giddings also appeared on behalf of his own interests.
No one appeared to oppose LUP 68-109. Mayor Chermak declared
public hearing closed.
After considerable discussion, Councilman Olivares moved that Land
Use Permit 68-109 be granted, subject to the conditions set forth by
the Planning Commission. Motion seconded by Councilman Durnford and
carried by unanimous vote.
PLANNING COMMISSION MATTERS
(a) The Secretary of the Planning Commission presented Minutes of the
February 4th meeting.
(b) Memorandum, Planning Commission, re: Planning Commission Repre-
sentation at City Council meetings.
(c) Memorandum, Planning Commission, re: Merit Increase for City
Planner. Councilman Bathgate, seconded by Mayor Chermak, moved
that merit increase be granted (from Range 27, Step 2, at a rate
of $842 per month, to Range 27, Step 3, at $889 per month), retro-
active to anniversary date. Motion carried by 3 to 2 vote,
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Councilmen Forster and Olivares voting "No". Discussion followed
regarding organizational responsibility of City Planner position.
UNFINISHED BUSINESS
(a) Mr. Don Martinson, Lowry Engineering -Science, summarized report
evaluating possibilities of accepting sewage from Santa Margarita
Water District, copies of which were presented to Council at the
last regular meeting. He added his recommendation of a joint
venture agreement whereby re-evaluations can be made periodically
and operating costs adjusted accordingly. Mr. Frank Fehse,
Mission Viejo Company, and Mr. Carl Kymla, Moulten-Niguel Water
District, both in attendance, stated their willingness to parti-
cipate in the engineering study. Counselor Fritz Stradling of
Rutan and Tucker, was authorized to draw contract for Phase I of
proposed joint venture. Councilman Bathgate then moved to pro-
ceed with legal and engineering aspects. Motion seconded by
Councilman Forster and carried by unanimous vote.
(b) Marina View Heights Development Company request for closure of
Via California entrance during non -working hours. City Engineer
and Director of Public Works recommended street closure be granted
if nightly closing is made at bottom of hill rather than top
entrance, using chain type barricade with reflectors and blinking
lights. Councilman Bathgate, seconded by Councilman Durnford,
moved to grant request subject to conditions outlined by City
Engineer. Carried unanimously.
(c) Councilman Forster, duly seconded, moved that second reading of
proposed Ordinance No. 152, affecting Rezone 68-107 (Williams) be
read by title only. City Attorney so rendered. Councilman Bath-
gate offered Ordinance No. 152 amending the "Precise Zoning Map"
as adopted by Ordinance No. 115, to be designated "Amendment No.
10". Passed, approved and adopted by unanimouB vote.
(d) Request received from Randy Williams, authorized agent for owner,
for waiver of street improvements along property fronting Junipero
Serra and Camino Capistrano not proposed to be developed by Shell
Oil Company. Councilman Bathgate, seconded by Councilman Forster,
moved to grant waiver subject to approval of drainage area require-
ment by City Engineer. Carried by unanimous vote.
(e) Councilman Forster, seconded by Councilman Bathgate, moved that
first reading of proposed ordinance affecting RZ 68-106 (Riley)
be read by title only. Carried by unanimous vote. So read.
(f) Councilman Bathgate moved that the Appeal on Land Use Permit
68-108 (Holbert Mobilehome Park) be denied. Motion seconded by
Councilman Forster and carried by unanimous vote.
(g) Report from City Administrator regarding sewer connection fee
relative to Tract 5514. Councilman Forster, duly seconded, moved
that City Administrator present written report on subject matter
at the next regular meeting. So carried.
(h) Salary Increase, Director of Public Works, T. J. Meadows. City
Administrator recommended Mr. Meadows be granted said increase
from Range 30, Step 3 at a rate of $1,048, to Range 30, Step 4,
at a monthly rate of $1,107. Councilman Bathgate, seconded by
Councilman Durnford, moved to grant pay raise as recommended.
Carried by 4 to 0 vote, Councilman Forster abstaining.
NEW BUSINESS
(a) Report presented from Capistrano Airport aria Industrial Park, Ltd.
containing a request that the City request the County of Orange
to obtain 5.44 acres from the Flood Control District and convey
it to the City for Airport use. Councilman Bathgate, seconded by
Councilman Durnford and carrying unanimously, moved that the
Board of Supervisors be requested to affect conveyance of said
property. Mr. John Killifer, in the audience, commented this was
an excellent way to handle the matter and thanked Council for
above action. City Attorney stated status of non -conforming use
should be corrected. Mayor Chermak requested he investigate all
phases and prepare preliminary ordinance establishing usage.
(b) Waiver of improvements for commercial property (C -2A) on Alipaz
Street requested by Douglass H. Windolph. Mayor Chermak moved
that waiver be granted until such time as the City feels improve-
ments are appropriate. Motion seconded by Councilman Forster and
carried by unanimous vote. So granted.
(c) Draft of proposed ordinance amending Ordinance No. 115 deferred
to next regular meeting.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
(1) Met with officials of City of San Clemente regarding subject
of Law Enforcement. Will make report at next regular meeting
for Council determination.
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(2) Mrs. Jetta Lennon hired as Clerk -Typist at rate of $417 per
month. However, due to a misunderstanding, the position
should have been filled at the second step at $440. Mr.
Thompson recommended that the probationary period be waived
and the position filled at said $440. per month. He also
stated this situation may resolve itself, as she is to re-
place Mrs. Leontine M. Vallavanti, whose resignation becomes
effective March 7, 1969. Councilman Durnford moved that
the recommendation of the City Administrator be upheld ex-
cept that the position be reviewed at the end of the six
month probationary period. Motion seconded by Councilman
Forster and carried by unanimous vote.
(b) Director of Finance, Harold L. Albert
County of Orange has paid for their one-half the cost of Del
Obispo sidewalk.
(c) Director of Public Works, T. J. Meadows
(1) As Orange County has been declared a disaster area, Office
of Emergency Preparedness will make funds available. Esti-
mates must be given by March 1 and personnel designated to
make the application. Councilman Durnford offered Resolution
No. 69-2-10-1 designating T. J. Meadows, Director of Public
Works, as representative of the City making application for
P.L. 81-875 funds, and naming City Engineer, Jack Y. Kubota,
as alternate. Passed, approved and adopted by unanimous vote.
(2) Negotiated with Mr. Walt Cappello, contractor, who agreed to
connect wet well at Del Obispo and Alipaz for the amount of
$2,495. Councilman Bathgate, seconded by Councilman Forster,
moved that Director of Public Works be authorized to issue
Work Order and Mr. Cappello authorized to contract the job.
Carried unanimously.
(3) Asked authorization to retain Mr. Bob Franklin of Engineering -
Science to check Trabuco Bridge and Ganado Bridge structures,
who will seek information from State Highway and County Road
Departments as well. Councilman Bathgate moved that struct-
ural engineer be hired. Motion seconded by Councilman Durnford
and carried unanimously.
(d) City Engineer, Jack Y. Kubota
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(1) Cost of rip rap at Trabuco Bridge approximately $9,000.
Asked for authorization to negotiate for interim work in
reinforcing concrete structure by salvaging and rearranging
rock placed by Silberberger. Estimated cost not to exceed
$3,000. Authorization so granted.
(2) Has received cooperative Agreement with State Division of
R(ntvy-rjj-*3 Highways for construction of Camino Las Ramblas interchange.
After discussion as to terms of the agreement, Councilman
Bathgate offered Resolution No. 69-2-10-2 authorizing the
Mayor and City Clerk to execute said Agreement. Passed,
approved and adopted by unanimous vote.
ADJOURNMENT
The meeting adjourned at 11:06 PM.
=nest A. rnompson
City Clerk-Administ ator
These are the official proceedings of the City Council of San Juan
Capistrano at their regular meeting held February 10, 1969.
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