69-0908_CC_Minutes_Regular Meeting15'7
ADJOURNMENT:
The meeting adjourned at 5:14 P.M.
Resppectfully submi ed,
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Ernest A. Thompson
City Administrator
P- i8-6 9
Minutes of the Meeting of the City Council of San Juan Capistrano
SEPTEMBER 8, 1969
The regular meeting of the City Council was called to order
by Mayor Edward S. Chermak at 7:02 P.M.
The pledge of allegiance was recited. Invocation was given
by the 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) Oli_vares and Edward S. Chermak.
There was a correction to the minutes of August 25, 1969.
Under Unfinished Business, Page 3, (a) - "Mayor Chermak noted to
the Council the loyalty Mrs. Ross has shown in taking over the
financial accounting activity of the City in the absence of a
Director of Finance." Also, under Recommendations and Reports,
Director of Public 1,Torks, Page 4, (a) - After a stalemate of two
motions, the recommendation of the Director of Public Works to set
a sewer connection fee at $550 for the Enco station at Junipero
Serra was accepted." (f) - "Talked with Mr. Anderson of O.E.P."
There was a correction to the minutes of August 28, 1969, Page
2, Item 4 - (spelling) "Quit claim any interest in easement at end
of use."
The minutes of the regular meeting of August 25th, 1969 were
then approved as corrected.
The minutes of the special session of August 28, 1969 were then
approved as corrected.
WRITTEN COMMUNICATIONS
(a) Letter from Orange County Heart Association requesting
permission to solicite for funds February 1 through
March 1, 1969, for their annual campaign. Staff directed
to reply the approval of the City Council.
(b) Letter from Constitution Week Observation Committee re-
questing the Mayor to proclaim Constitution Week
,9—,P-6 y
September 1711 through the 23rd, 1969. Mayor so proclaimed.
(�) League of California Cities Meeting Breakfast to be held
in San Francisco, September 3011, - no one on the Council
or staff will be attending this particular event.
(d) Executive Meeting of the Orange County Division of the
League of California Cities is scheduled for September 11th -
notify staff if any of the Councilmen wish to attend so
reservations can be made. The Mayor took this time to
thank Councilman Forster for his help in the TRW presenta-
tion given at the last meeting and also thanked the staff
for helping in the preparation of the dinner meeting.
(e) The appraisal report covering the old San Juan Capistrano
Junior High School property was submitted as informational.
One copy will be sent to the school district and discussion
will be at a later date.
(f) Resolution of the Local Agency Formation Commission regarding
the Ross annexation to Orange County Waterworks District
No. 4. Council noted that everything appeared satisfactory
and there is no need for the City to become involved.
(g) Letter from Birtcher-Pacific re: conditons set forth for
the development of Tract 6788 (as it involves off-site
improvement for sewerage facilities along the Vermeulen
Property). Mayor at this time stated that the issue appears
to be more of a private matter. Mr. Birtcher was recognized
by the Council - he stated he had nothing more to add than
what was already explained in his letter. Director of Public
Works showed the Council the area in question. It was
mentioned at this time that the assessment district should
not be changed and that if the 1911 Act District had been
improved to its entirety, this problem would not be in
question. Mr. Thomas Heffernan, Attorney for Mr. Vermeulen,
addressed the Council and stated his client has already been
assessed on two sides of his property. He also ingyired
why the Kinshita property or the Marco Forster Junior High
School property wasn't being considered rather than the 46
acres of the Vermeulen property. The City Engineer explained
to Mr. Heffernan the reasoning for the alignment, based upon
good engineering practices. Mr. Birtcher stated at this time
that they are willing to put in the line but would like to be
9-�-69
reimbursed at a later date when the surrounding land is
developed, for putting in the oversize line. Mr.. Vermeulen
159
inquired about the drainage situation and said that until this
is corrected, he will not give a price for the easement.
Councilman Bathgate then stated that one property owner shouldn't
be held responsible for drainage runoff when other property
owners are in the same situation. Mr. Birtcher then stated to
the Council that water was never an issue and that they will
comply with every condition set forth by the Planning Commission,
and that they are more than willing to carry their share for
developing their 16 lots. Lengthy discussion followed.
Staff was instructed to make contact with both principles to
pursue some settlement agreement and report back to the City
Council at next regular meeting.
COMMUNICATIONS
The City Administrator introduced to the Council the new
Director of Finance, Mr. Paul Lew.
TREASURY REPORT
The City Administrator pointed out at this time that due to
the time element and the employment of the new Director of Finance,
the quarterly report will be submitted to the Council at their
regular meeting of October 131h, 1969. Any of the Council members
wishing to go over any of the financial transactions up to this
point, may do so by contacting Mr. Lew in his office.
PLANNING COMMISSION MATTERS
9-S / City Council determination was required on Item 8c of the
Planning Commission Minutes of September 2, 1969. (Mission Hills
Ranch). Planning Commission evaluated the proposed tentative
tract map No. 6381. Mr. John King addressed the Council with
regards to updating Item #20 - request of the Mission Hills Ranch
re: the park and recreational element was honored. Councilman
Durnford offered Resolution No. 69-9-8-1 to waive any further
obligation to dedicate land or pay fees for park and recreation
for Tract No. 6381. Roll call was taken - AYES: Councilmen
Durnford, Bathgate, Forster, Olivares and Chermak. NOES: None.
ABSENT: None.
UNFINISHED BUSINESS
(a) Personnel Matters - Resolution No. 69-9-8-2 was offered by
Councilman Bathgate establishing the base pay for the City
Attorney at $600.00 per month; $40.00 per hour for court
100
appearances and $250.00 for filing of eminent domain. Roll
call was taken - AYES: Councilmen Bathgate, Durnford and
Chermak. NOES: Councilmen Forster and Olivares. ABSENT:
None.
(b) City Attorney read an amendment to Resolution No. 68-8-19-1
relating to personnel rules and regulations. Resolution No.
69-9-8-3 was offered by Councilman Forster amending the
resolution by adding "nunc pro tunc". Roll call was taken -
AYES: Councilmen Forster, Bathgate, Durnford, Olivares and
Chermak. NOES: None. ABSENT: None.
NEW BUSINESS
A request for a transfer of license #152 for the Picnic
Drive -In Restaurant from Mr. Paul Kendall to Barbara Cirtchlow.
Councilman Bathgate moved, seconded by Councilman Durnford to
grant the transfer, carried unanimously.
RECOMMENDATIONS AND REPORTS
City Administrator - Ernest A. Thompson
(a)
Reported
that there
is a
great
deal
of vandalism
and pilfering
at the new park site
and
that
he had
advised the
Orange
County Sheriff's Dept. Councilman Bathgate also mentioned at
this time that he had received a phone call re: the problems
at the park site and suggested possibly a caretaker live
there for surveillance. Also, there was a suggestion of
fencing in the park with a chain link fence. Discussion
followed. Mrs. Pederson, a homeowner in the tract was
recognized by the Council and explained the problems that
have been encourtered in the past two weeks. Kolbet is still
obligated for improvements and inquiry was made as to the
overhead utility line being removed. Clearing of the dead
orange trees will possibly bring less trespassers with
posting of "No Trespassing" signs. Comment was made with
regards to contacting Mr. Arcy to see if he would be
interested in working on the property on a part time basis.
City Attorney - John H. Dawson
(a) He is scheduled to meet with the attorney for Vanson Trailers
re: the parking situation.
(b) Received telephone call from Mr. Singer of the Orange County
Flood Control re: the demolishing of the Ganado Bridge - it
was suggested by Mrs. Ross that he contact Mr. Roger. Howell.
9 -r -tog
161
The City Engineer was directed to check out which would be
the better wav for laying the waterline on the Ross property.
Director of Public Works - T. J. Meadows
(a) Reported the easement on the Swanner property has been signed -
requested authority to proceed on the river crossing at
Trabuco Bridge. Councilman Bathgate moved to grant the request
of the Director of Public Works since it is a matter of
urgency due to the rainy season approaching, seconded by
Councilman Durnford, and to have the City crews perform the
work to be accomplished.
(b) Made recommendation to advertise for the bids for demolition
of the bM dge (Trabuco) as soon as possible. Also made
suggestion of using the old bridge as rip rap. Made comment
that the general concensus from the trip to Santa Rosa was
that the federal funds will be coming to us very soon.
Councilman Forster moved to have the Director of Public
Works and the City Engineer contact Lowry Engineering -Science
to prepare specs for the demolition of the bridge, seconded
by Councilman Bathgate, carried unanimously.
(c) Reported that Cappello & Sons have finished the clean out of
the sewer lines - the only work left to do is remedial work
for protecting the manholes.
City Engineer - Jack Y. Kubota
(a) Reported mobilehome park at Alipaz and Del Obispo.
(b) Drainage study to be completed by December.
(c) "Mr. Fish N' Chips" restaurant will be going in south of the
"Jack In The Box."
Councilman Bathgate
Supplement to project report for reconstruction of Del Obispo
by City Engineer. He is receptive to the recommendation contained
therein.
Councilman Forster
(a) Committee will be meeting shortly re: City Hall facilities.
(b) Questioned the validity of the closing of City Hall for
Admission Day - City Attorney clarified that we are under a
general law city.
(c) Expressed his concern about the number of the mobilehome parks
being applied for within the City. It was pointed out that
these fall in the category of applying for a land use since
9 1-69
162 there is no actual zoning for mobilehome parks. He has
discussed this with the City Planner and questioned when do
we have enough mobilehome parks - he feels enough is now,
since 800 to 900 spaces have already been authorized. He will
pursue the density factor with Don Martinson of Lowry Engineering -
Science. The City Attorney stated at this time the Planning
Commission should make a study and then make recommendations
to the City Council. Councilman Forster also expressed
comments made to him with regards to the public hearings being
held in the afternoon when most people are at work and unable
to attend to voice their opinions. This was specifically in
relation to the Alipaz mobilehome park public hearing.
(d) Had a discussion with Mr. Lavagnino who related the fact that
he had sent the City Administrator a letter in which he
offered his services for construction of City Hall (since the
other architect is unable to, due to other. commitments). The
Mayor would like to see the committee meet before the next
council meeting and report to the Council.
Mayor Chermak
(a) Has received complaints of the underground green plastic TV
for federal funds from the flood disaster. Councilman Bathgate,
the Director of Public Works, T. J. Meadows, and Don Martinson
of Lowry Engineering -Science, and himself felt that the trip
was very worthwhile. It was noted that the City's application
had not been processed past the Santa Rosa Office. An
allowance of $45,000 had been committed for the Camino
Capistrano ridge, however, that figure has been raised to
$92,000. The encasement of our sewer lines was questioned
and after explanation for the reasoning of this, there is now
the possibility we will get a return on this. The allowance
for the Ganado Bridge was set at $62,000.
ADJOURNMENT: The meeting adjourned at 10:37 P.M.
Respectfully submitted,
iioe: T,
nompsory
City Admin-istrator
cables by
the Four. Seasons Tract.
(b)
Reported
on the trip to Santa Rosa
regarding
our applications
for federal funds from the flood disaster. Councilman Bathgate,
the Director of Public Works, T. J. Meadows, and Don Martinson
of Lowry Engineering -Science, and himself felt that the trip
was very worthwhile. It was noted that the City's application
had not been processed past the Santa Rosa Office. An
allowance of $45,000 had been committed for the Camino
Capistrano ridge, however, that figure has been raised to
$92,000. The encasement of our sewer lines was questioned
and after explanation for the reasoning of this, there is now
the possibility we will get a return on this. The allowance
for the Ganado Bridge was set at $62,000.
ADJOURNMENT: The meeting adjourned at 10:37 P.M.
Respectfully submitted,
iioe: T,
nompsory
City Admin-istrator