69-0621_CC_Minutes_Regular Meeting121
Minutes of. the Meeting of the City Council of San Juan Capistrano
JUNE 239 1969
The regular meeting of the City Council was called to order by Mayor
Edward S. Chermak at 7:05 P.M.
The pledge of allegiance was recited. Invocation was given by the
City Attorney, John H. Dawson.
The City Clerk called the roll. Councilmen present: William A.
Bathgate, Thomas A. (Tony) Forster, Antonio M. (Tony) Olivares and
Edward S. Chermak, Councilman Don Durnford arrived at 1:09 P.M.
There were corrections to the minutes of June 91h, 1969, under
Written Communications, Item (b), under Unfinished Business, Item
(a) and under Recommendations and Reports, Director of Public Works,
Item (g). The minutes of the regular meeting of June 91h, 1969 were
then approved as corrected.
The minutes of the adjourned regular meeting of June 16th, 1969
were approved as presented.
WRITTEN COMMUNICATIONS
(a) Resolution from the City of Seal Beach re: Emergency fire
service. City Administrator directed to research since it
is redundant of the Orange County Operational Area Civil
Defense and Disaster Plan and report back if necessary.
(b) Resolution of the City of Signal Hill re: the enactment of
legislation to allow the 1970 census questionnaire replies to
be on a volunteer basis. Councilman Durnford requested the
City Attorney to draft a like resolution for adopting support.
Roll call was taken - AYES: Councilman Durnford, Bathgate,
Forster, Olivares and Chermak. NOES: None. ABSENT: None.
(c) Resolution of the City of Newport Beach re: opposition to
the dissolution of the Orange County Harbor District. No
action taken by the Council at this time.
(d) Minute excerpt of Board of Supervisors re: proposed purchase
of excess land by the City of San Juan Capistrano. City
Engineer a-)mmented on Conditional Use Permit is for all
lands, excluding two subdivision tracts. Discussion followed
re: the lease and the possibility of the waste of money
for a Public Hearing. Mr. Winton was recognized by the
Council and stated at this time that the lease has not been
signed and rent will be on a month to month basis at triple
the amount paid im the past. It was suggested that staff
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and council keep aware of the facts on a week to week basis
regarding the airport issue.
(e) Communication from the Capistrano Bay Park and Recreation
District re: the abandonment of Salt Creek Road and its
public access to beach frontage. A reporter from the
Daily Pilot was recognized by the Council and stated
that any hopes for gaining access is now gone. City
Attorney offered to look into further and report to the
Council. Comment was made at this time that 600+ acres _
is being taken away from the Parks District. Councilman
Forster made a motion at this time to table the issue,
seconded by Councilman Olivares, however, motion was
overruled by a 2 to 3 vote.
(f) Letter from Natalie Mitchell reg6rding campers leaving
debris on Junipero Serra Road. Discussion followed on
how to notify that the area is not a camp site and en-
forcing the anti -litter laws. Investigate and alert the
Orange County Sheriff's Department.
ORkL COMMUNICATIONS
Al Jiminez, "El Presidente" of the San Juan Capistrano
Fiesta Association requested permission for the Association to
hold, in connection with the California Bicentennial Commemoration,
a barbecue on July 271h from 10:00 A.M. to 6:00 P.M. at the
athletic field at the former High School site. Councilman
Durnford moved, seconded by Councilman Bathgate, to grant the
request of the Fiesta Association to hold their barbecue subject
to the appropriate conditions usually imposed, carried unanimously.
COMMITTEE REPORT
Owens-Illinois Railroad Spur Study Report discussed by the
Council. Mayor stated very little benefit to the City would
result by putting in the railroad spur. Mr. Bud Blair was
recognized by the Council and requested a decision one way or the
other. Clarified points of issue re: the amount of trucks per day
to be used and also thealternate route of going through the
Lacouague property. Councilman Bathgate moved, seconded by
Councilman Durnford to deny the spur line, based upon the committee
report, carried unanimously. Mr. Blair thanked the Council for
tr.eir cooperation as di.d the council for his time and viewpoints
concerning this issue.
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TREASURER'S DEMANDS
Director of Finance requested Warrant #4397 for $280 be
added to the list of demands. This amount is for legal fees for
John Dawson re: the Loftus, Doss, Chade assessment district
condemnation litigation. Clarification was made on a question
raised regarding the skip loader rental from BJ Equipment Rental.
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Councilman Bathgate moved, seconded by Councilman Forster to grant
Warrant #4311 through 4397 in the amount of $85,657.35 be paid,
carried unanimously.
PLANNING COMMISSION MATTERS
Questioned Item 8(a) on Planning Commission Minutes,
Route No 1 joining up with San Juan Creek Road underpass.
City Engineer presented to council the routes proposed by the
Orange County Planning Department and the Orange County Road
Department. City Attorney clairified precise alignment re:
condemning. Questioned Item 8(f) LUP 66-109 (Sapulding) -
whether 2 year extension or 5 year extension be granted depended
on the original agreement. Commission could not extend over a
2 year period without a new duly noticed Public Hearing;
UNFINISHED BUSINESS
(a) Proposed resolution of intention to purchase Lot 60 of
Tract 5974 for park purposes offered by Councilman Durnford.
Roll call was taken - AYES: Councilmen Durnford, Bathgate,
Forster and Chermak. NOES: Councilman Olivares.
(b) City Attorney read by title a resolution for condemnation
settlement of Loftus, Doss, Chade property. Councilman
Forster offered resolution to make the settlement. Roll
call was taken - AYES: Councilmen Forster, Bathgate,
Durnford, Olivares and Chermak. NOES: None.
NEW BUSINESS
(a) Letter from Mr. George C. Forster requesting waiver of
certain conditions as set forth by the Planning Commission.
Lengthy discussion followed re: the state map act and
parcel maps. City Engineer clarified point of easement
deed at this time, and the City Attorney clarified the
point of full dedication of street easements. Mr. Watts
was recognized by the Council to speak on behalf of Mr.
Forster. Conditions 3,4,5 and 6 as they pertain to
Parcel #1 were the main concern for requesting the consideration
for waiver, in connection with D.L. 69-105. On motion
of Mayor Chermak, duly seconded by Councilman Durnford,
waiver of conditions 3,4,5 and 6 of D.L. 69-105, as long
as the present use is pursued, or upon call of the City
Durnford to grant merit increase for the Director of Finance
, Harold Albert from $940 to $992 per month. AYES: Council-
men Bathgate, Durnford, and Chermak. ABSTAIN: Councilman _
Forster. NOES: Councilman Olivares. Carried 3 to 1.
(c) Request from the City Administrator to attend the NACO-
CSAC Solid Waster Management Institute Meeting to be held
June 261h in San Francisco. Councilman Durnford moved to
authorize the City Administrator to attend the meeting,
seconded by Councilman Bathgate. Councilmen Forster and
Olivares voted No, carried by a 3 to 2 vote.
(d) Letter from the Orange County Flood Control District (Informa-
tional). Suggestion brought up for the possibility of
arranging a meeting with the Orange County Flood Control
District as well as the Planning Commission at the adjourned
meeting of the City Council (June 3011, 1969 at 7:00 P.M.).
(e) Letter from the County Administrative Office regarding the
proposed agreement for fire protection services between the
County and the City of San Juan Capistrano - rate averages
were explained. Councilman Bathgate moved to execute the
necessary documents with signatures for approval of the
contract, seconded by Councilman Durnford, carried unanimously.
RECOMMENDATIONS AND REPORTS
City Administrator - Ernest A. Thompson
(a) Items 44, 46, 43 re: Orange County Waterworks District No. 4
as they were listed on agenda of Board of Supervisors.
Question raised about the 30% increase in rates.
(b) S. C. Aviation, Inc. re: institure study of airport costs
for Southern California on July 10th (Informational).
(c) Has more information on the filling in of San Francisco Bay.
(d) Anyone wishing to attend the talk on Atomic Power for
California to contact the City Administrator - to be held
June 26th and 27th by the Health Department.
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of San Juan
Capistrano. Motion carried
unanimously.
(b)
Councilman
Bathgate motioned, seconded
by Councilman
Durnford to grant merit increase for the Director of Finance
, Harold Albert from $940 to $992 per month. AYES: Council-
men Bathgate, Durnford, and Chermak. ABSTAIN: Councilman _
Forster. NOES: Councilman Olivares. Carried 3 to 1.
(c) Request from the City Administrator to attend the NACO-
CSAC Solid Waster Management Institute Meeting to be held
June 261h in San Francisco. Councilman Durnford moved to
authorize the City Administrator to attend the meeting,
seconded by Councilman Bathgate. Councilmen Forster and
Olivares voted No, carried by a 3 to 2 vote.
(d) Letter from the Orange County Flood Control District (Informa-
tional). Suggestion brought up for the possibility of
arranging a meeting with the Orange County Flood Control
District as well as the Planning Commission at the adjourned
meeting of the City Council (June 3011, 1969 at 7:00 P.M.).
(e) Letter from the County Administrative Office regarding the
proposed agreement for fire protection services between the
County and the City of San Juan Capistrano - rate averages
were explained. Councilman Bathgate moved to execute the
necessary documents with signatures for approval of the
contract, seconded by Councilman Durnford, carried unanimously.
RECOMMENDATIONS AND REPORTS
City Administrator - Ernest A. Thompson
(a) Items 44, 46, 43 re: Orange County Waterworks District No. 4
as they were listed on agenda of Board of Supervisors.
Question raised about the 30% increase in rates.
(b) S. C. Aviation, Inc. re: institure study of airport costs
for Southern California on July 10th (Informational).
(c) Has more information on the filling in of San Francisco Bay.
(d) Anyone wishing to attend the talk on Atomic Power for
California to contact the City Administrator - to be held
June 26th and 27th by the Health Department.
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City Attorney - John Dawson
When a bid is over $2,500, the City must award bid to the
lowest responsible bidder, but when no bids are submitted, then
negotiations and other proposals may be considered by the City.
The City may even do the work with its own crews, if necessary.
Director of Finance - Harold L. Albert
Reported Cub Scouts donation for trash receptacle stated
earthenware container be purchased.
Director of Public Works - T. J. Meadows
(a) ORCO Diving statement questioned with Mr. Kimbal - $466.24
will be our half share. Councilman Bathgate moved,
seconded by Councilman Durnford to grant payment be made
to ORCO, carried unanimously.
(b) Presented overtime report from Orange County Waterworks No. 4
as requested by Councilman Durnford at the previous meeting.
(c) HUD meeting in Sacramento. Requested authorization to file
a HUD grant on behalf of the City of San Juan Capistrano,
on proposed sewer Santa Margarita. Councilman Bathgate
offered resolution, seconded by Councilman Durnford. AYES:
Councilman Bathgate, Durnford, Forster, Olivares and
Chermak.
(d) Mr. Edward Miller, contractor on the Cook property requested
setting of sewer connection charges on the mobiliehome adult
park. Director of Public Works stated a $100 fee per unit
would bring the total -Io $14,200. Councilman Bathgate
moved to uphold the recommendation of the Director of Public
Works, seconded by Councilman Forster, carried unanimously.
(e) Tract 5514 re: Mr. Misbin's requesting a moratorium on the
amount owed for sewer connection fees. Lengthy discussion
ensued re: the total amount due of $8,400 and since $2,800
has been paid, the amount left due is $5,600. Staff directed
to inform Mr. Misbin of the amount owed and now due.
(f) Bid opening - no bids, negotiate a contract recommended by
Director of Public Works. City Engineer clarified bonding.
A motion to authorize the Director of Public Works to
negotiate a contract was moved by Councilman Durnford,
seconded by Councilman Bathgate, passed by 4 to 1 with
Councilman Forster voting No.
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(g) Mr. Cappello addressed the Council as to the work
completed thus far on the sewer lines. Good progress
has been made in the last two weeks. Council authorized
continuation of the sewer repair and Mr. Cappello is to
give the Council a progress report in a week.
Citv Engineer - Jack Y. Kubota.
(a) Requested a resolution re: AHFP Program showing no change
in our master plan of arterial highways for the fiscal
year be submitted. Councilman Durnford, Bathgate, Forster,
Olivares and Chermak.
(b) Tract 4550 - subdivider has submitted a revised tentative
map reflecting the parksite to be dedicated.
(c) San Juan Creek Road (DL 68-7.03) (no action taken now,
informational only). Ganado Dr. realignment and temporary
improvement is contingent to determination on repairing
wooden bridge.
Councilman Durnford
Brought up discussion of airport subject and how it may be
resolved.
Mayor Edward Chermak
Brought up issue of stake out signs for various developments
in the area.
ADJOURNMENT: 11:17 P.M.
Meeting adjourned to an adjourned regular meeting on June 30th,
7969 at 7:00 P.M.
i
i
Thompson
City Administrator
These are the official proceedings of the City Council of San
r
Juan Capistrano at their regular meeting held June 23, 1969.
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