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Minutes of the Meeting of the City Council of San Juan Capistrano
MAY 22, 1967
The regular meeting of the City Council was called to order at 6:03 PM by
Mayor Don Durnford.
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,
Carl E. Buchheim, Edward S. Chermak, Antonio M. (Tony) Olivares and Don Durnford.
The minutes of the regular meeting of May 15, 1967, were approved as modified
by the insertion of statement of summary of basic projection of protests: "The pro-
tests were based upon the conditions that the forming of the district was untimely
and too expensive."
PUBLIC HEARING - Proposed Assessment District No. 66-1
Mayor Don Durnford continued the public hearing. Mr. Fritz Stradling, Assess-
ment Attorney, stated that this was a continuation of protest hearing of 1911 Act,
on proposed Assessment District No. 66-1. Mr. E. J. Kazmierczak, of Engineering -
Science, Inc., engineers for the project, gave verbal testimony as to why or why not
property in proposed Units I and II would be benefited by the installation of the
sewer system.
Mr. Dick Bentwood, also of Engineering -Science, then publicly recapped certain
letters of protest received from the following persons, some of whom were in the
audience, and made these statements in response:
(a) Mr. Joe Evinger and Mr. Henry Duque - Denial of the request and protest based
upon the evaluation that the land generally is benefited by installation on
the proposed facilities as designed.
(b) Country Land Company (Sant) - Affirm the letter of protest based upon reason-
able design and development criteria for commercial pursuits would preclude
any practical benefit by the proposed improvements.
(c) Mr. Chad Twitchell - Concurred in that a technical error of conclusion in the
mailing list was not in conformity with the proposed district boundaries.
(d) Mr. John Williams - Refuted the basic statements of protest related as being
of no prime benefit.
(e) Mr. Charles Vermuellen - Reported that contact had been made to discuss the
alternate alignment of lateral facilities and proposed spread of assessable
front footage charges.
(f) Mr. C. Russell Cook - Discussed also the realignment of the sewer lateral
facilities with respect to their serving adjoining properties to a greater
benefit thereby relieving an imposition of conveying easement.
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(g) Mr. Martin Scalzo - Refuted the basic protest of sewer easement alignment and
unjust front footage assessment as to the benefit derived from the facilities.
(h) Dr. John Given - Commented as to the possibility that some trees may have to
be removed; however, during construction installation it would be the latitude
of the contractor to approach the problem to the best of his ability and
discretion.
(i) Mrs. Marion Scalzo - Related the justification presently deemed appropriate in
removal of orange trees in order to afford the most feasible engineered and
constructed system.
A statement in summary was given in view of the multiple signatures on a
protest petition relating the untimeleness and too expensive project proposal.
Mayor Durnford then asked if there were further oral protests. Mr. Evinger
and Mr. Duque, with supporting factors from Mr. John Douglas, were basically con-
cerned to the extent that improvements as proposed by the Assessment District
were an excessive cost factor compared to their best estimates of improvements
to be installed under their proposed subdivision development. Further discussion
followed, with Mr. Kubota, City Engineer, giving clarification on City's position.
Further oral protests were entered by Mr. Carl Romer, Mr. Henry Stewart and Mr.
Bill Wilson.
Mr. Don Gannon then spoke urging property owners to keep proposed district
intact.
City Administrator, Ernest A. Thompson, stated that Engineering -Science, Inc.
had plans for several alternative proposals. Mr. Kazmierczak then presented the
following alternates:
(a) Let district stand as is;
(b) Leave Area II intact and eliminate Area I, but retaining main trunk
sewer line;
(c) Run trunk line along proposed alignment, thereby providing additional
capacity to handle Unit I, but not putting in lateral sewers; or
(d) Somewhere between trunk sewer and complete system, provide some
lateral facilities.
After considerable discussion, Councilman Chermak moved to adjourn the hear-
ing until the next regular meeting at 6:00 PM. Mayor Durnford seconded the motion
and it carried by a 3 to 1 vote, Councilman Bathgate abstaining. Councilman
Buchheim took no action during the entire hearing due to possible conflict of
interest.
CONTINUATION OF AGENDA OF MAY 1�; 1967
Feasibility Report on Street Maintenance Program as presented by Director of
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Finance and Director of Public Works. After considerable discussion amongst
Council members, Councilman Buchheim moved to defer formation of City's own Road
Department to three months before the fiscal year 1968-69. Motion seconded by
Councilman Bathgate and carried unanimously. So ordered.
WRITTEN COMMUNICATIONS
(a) Report on Section 2107, Gas Tax Funds, and request for budget proposal as
requested by Director of Finance and City Engineer. After presentation by
City Engineer, Councilman Buchheim stated that program was in realm of possi-
bility and so offered Resolution No. 67-5-22-1 directing the City Engineer
be appointed agent to submit budget and application and documents appropriate
to implementing program. Resolution passed, approved and adopted by unanimous
vote.
(b) Report on salary considerations, Fiscal Year 1967-68, as requested by City
Administrator. Continued to next regular meeting.
(c) Notice of General Meeting for May, 1967, Orange County League of Cities -
Informational
(d) Letter from Orange County Football Club requesting support of their activities.
No action taken.
PUBLIC HEARINGS
(a) Precise Alignment of Alipaz Street, North. Mayor Durnford opened public
Is -'(b)
hearing. No one appeared to protest precise alignment. As there were no
objections, public hearing was closed. Mayor Durnford offered Resolution
No. 67-5-22-2, adopting the precise alignment of Alipaz-North, to the Master
Plan of Streets and Highways. Resolution passed, approved and adopted by
unanimous vote.
Precise alignment of Avenida Aeropuerto. Mayor Durnford opened public hear-
ing. No one appeared to protest the precise alignment. Public hearing
closed. Councilman Bathgate offered Resolution No. 67-5-22-3, adopting the
precise alignment of Avenida Aeropuerto. Resolution passed, approved and
adopted by unanimous vote.
NEW BUSINESS
(a) Council action regarding escalation of sewer connection fees for Fiscal Year
1967-68. No action taken on this matter.
(b) Mayor Don Durnford proclaimed May 29 through June 4, 1967 as "Support Our
Servicemen Week".
RECOMMENDATIONS AND REPORTS
(a) City Attorney, John H. Dawson
(1) Regarding Gas Tax legislation, he believes bill is going through, and
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they are taking into consideration many suggestions offered.
(2) Submitted Opinion regarding John Luhnow sewer easement. Copies will
be made available at next regular meeting.
(b) City Engineer, Jack Y. Kubota
Regarding AHFP Program on Alipaz Street, unless the City makes a move within
thirty days, program will be withdrawn.
ELECTION OF MAYOR FOR FISCAL YEAR 1967-68
Councilman Bathgate placed a nomination for Councilman Chermak. Mayor Don
Durnford seconded the nomination. Mr. Chermak was elected Mayor of San Juan
Capistrano by unanimous vote.
Councilman Buchheim placed nomination for Councilman Bathgate as Mayor
Pro -Tem. Councilman Chermak seconded the nomination. Councilman Bathgate was
elected Mayor Pro -Tem by unanimous vote.
ADJOURNMENT
The meeting adjourned at 9:00 PM.
Jesht"X/Thompson
City Clerk -Administrator
These are the official proceedings of the City Council of San Juan Capistrano
at their regular meeting of May 22, 1967.
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