69-0303_CC_Minutes_Adjourned Regular Meeting69
Minutes of the Meeting of the City Council of San Juan Capistrano
MARCH 3, 1969
The adjourned 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, Thomas A. (Tony) Forster,
Antonio M. (Tony) Olivares and Edward S. Chermak.
The adjourned regular meeting proceeded at a point in the
Agenda of the regular meeting of the City Council under Unfinished
Business, Item #14.
UNFINISHED BUSINESS
(a) The proposed ordinance amending Ordinance No. 115 was
reviewed at length by the City Attorney. Due to the fact
there is no zoning in the Master Plan at this time to
allow for airports, cemetaries, circuses, etc., it was
his recommendation that this should fall under a
Conditional Use Permit rather than a Variance so as to
allow this use to be granted under certain conditions or
unnecessary hardships. The City Planner was recognized
and it was suggested this procedure could be followed if
it does not adversely effect any Master Plan of the City.
The matter was deferred to the next regular meeting for
further study and presentation.
(b) City Planner brought up the matter regarding representa-
tion from the Planning Commission at all City Council
meetings. There was an amended motion on this to recognize
Item #4, a and b in the memorandum to the City Council
from the Planning Commission by Councilman Bathgate,
seconded by Mayor Chermak and carried 4 to 1.
(c) Upon motion of Councilman Forster, seconded by Councilman
Bathgate, City Attorney rendered second reading of pro-
posed Ordinance No. 153 (RZ 68-106- Riley) by title only.
Councilman Bathgate then offered Ordinance No. 153,
amending the "Precise Zoning Map" to be designated
"Amendment No. 11". Passed, approved and adopted by
unanimous vote.
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(d) The preliminary ordinance establishing usage of the
Capistrano Airport was discussed at length. Since
this particular situation of the airport falls in
the category of a non -conforming use, the entire
parcel would have to be processed and approved under
a Conditional Use Permit, if fair amounts of monies
could be mutually agreed upon by the County and
airport owners. No Council action taken at this _
time.
ORAL COMMUNICATIONS
Messrs. Leon Hyzen, Hilbert Keisker and General James
Loome were recognized by the City Council with regard to the
housing of the twenty people left homeless by the recent
floods. After lengthy discussion regarding the problems
being encountered for providing for these people, it was
decided that the Mayor will appoint a committee of 3 to 5
people to meet with Mr. Hyzen to discuss these problems and try
to come to some amicable conclusion.
NEW BUSINESS
Memorandum from the Director of Finance regarding
AD 64-1 for tree damage claims was submitted. Clarification
was made regarding the misunderstanding on alignment. This
was the reason no claim was submitted before the deadline
date. Also, the difference in claim amounts due to some
being young trees as compared to an older grove. Since it
was understood these people donated the easement without
compensation, the City is not obligated under this jurisdiction.
Councilman Bathgate moved that the Erracarte claim for $525.00
and the Smith claim for $128.00 be allocated from the funds
available ($649.80), seconded by Councilman Olivares.
Councilman Durnford abstained. Motion carried by 4 votes.
RECOMMENDATIONS AND REPORTS
(a) City Attorney, John H. Dawson
Suggested San Juan Hills Golf Course claim for damages
be denied by the City since the 100 -day claim does not
apply in this case, and that it be referred to the
City's insurance carrier. He was also of the opinion
that this was a County problem. Councilman Forster,
seconded by Councilman Durnford, moved to deny the
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claim and refer to insurance carrier as suggested.
Motion carried unanimously.
(b) Director of Public Works, T. J. Meadows
(1) Reported that acknowledgment has been received
from City's application for Public Law 81-875
for Federal funds. Rather than make new
application, City may amend the original
application to request the additional funds for
damage brought on by the last rains. Thus far
the City has spent $38,000, and this figure will
go up to between $100,000 to $155,000 within the
next sixty days. The $72,000 for remedial work
completed on the Trabuco Bridge now will go up
to $307,000 for complete removal and reconstruc-
tion. The total amount of the estimated damage
to public facilities is approximately $900,000.
"1 (2) Present personnel regulations not set up for
allowing cash payment for any over -time. Council-
man Forster offered Resolution No. 69-3-3-1 for
payment of time and one-half for overtime contri-
buted directly to the two recent storms be paid
to the City employees who worked overtime. Passed,
approved and adopted by unanimous vote.
(3) Subject was brought up regarding the definite need
for communications equipment. A study is under
way at the present time for the City's particular
needs by Motorola. Councilman Durnford also sug-
gested that the Telephone Cpmpany be contacted in
this regard.
(4) Received approval for Federal Grant on the Darmi
Interceptor Sewer Units I and II. 33% of total
job to be reimbursed. City Attorney to prepare
legal description of easements.
(5) Barnett & Thomas were to start work on Darmi
Interceptor Sewer Unit II this date.
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(6) Recommended the photographer, Dwayne Hallum, be
paid for his services in furnishing the film and
photographs taken at the height of the flood
damage as well as a few more pictures to be
taken when the water recedes.
(7) Commended the people of San Juan Capistrano for
their attitude and patience as well as assistance
during the recent storms.
(c) City Engineer, Jack Y. Kubota _
\� (1) Delivered documents to Mr. Hashimoto (Division of
Highways) for the Camino Las Ramblas interchange.
Mr. Hashimoto reassured him that this interchange
will be included in the freeway widening project
as a whole. Proponents will pledge $58,000 cash.
(2) Keystone Investment Co. (DL 67-103) have completed
all their obligations and requested exoneration
of bonds. Upon the recommendation of the City
Engineer, Councilman Durnford, seconded by Council-
man Bathgate, moved for exoneration of said bonds.
Motion carried unanimously.
(3) Approved plans for Dr. Watkins' Mobilehome Park.
(4) Two service stations on Junipero Serra are in
Plan Check stage.
(5) Also commented on the fine cooperation from the
people of San Juan Capistrano.
(d) Councilman Durnford
Requested City Administrator or Director of Public
Works contact County to dump excess material at old
sewer site.
(e) Councilman Bathgate
A definite problem exists to the citizens of our City
with regards to the many holes in the pavement in
front of the Post Office.
(f) Councilman Forster
Brought up suggestion of flood control bonds. After
discussion on this it was decided Mr. Osborne of the
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Orange County Flood Control District be contacted
regarding a Federal loan rather than a bond issue,
or possibly a study by the Corps of Engineering for
installation of holding dams.
ADJOURNMENT
The meeting adjourned at 9:06 P.M. A study session
followed.
Ernest A. Thompson
City Clerk -Administrator
These are the official proceedings of the City Council of San
Juan Capistrano at their adjourned regular meeting held
March 3, 1969.
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