67-0529_CC_Minutes_Regular Meeting269
Minutes of the Meeting of the City Council of San Juan Capistrano
MAY 29, 1967
The regular meeting of the City Council was called to order at 6:05 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, Carl
E. Buchheim, Don Durnford, Antonio M. (Tony) Olivares and Edward S. Chermak.
The minutes of the regular meeting of May 22, 1967, per advice of Counsel for
the assessment district, were to be expanded to include additional comments made by
various property owners. These minutes to be presented to Council at the next regular
meeting for approval.
CONTINUATION OF PUBLIC HEARING - Proposed Assessment District No. 66-1
Mayor Chermak continued the public hearing by asking if there were any other
vocal protests or any other questions not having been heard previously. Mr. E. J.
Kazmierczak, of Engineering -Science, Inc., then presented new exhibits and described
plan as originally presented and four alternates to the plan, as follows:
Case No. 1 - Basic plan as designed for proposed Units I and II.
Case No. 2 - Build Unit II only with no provisions for future construction
of Unit I.
Case No. 3A- (a) Build trunk complete
(b) Build entire Unit I at a later date
Case No. 3B- (a) Build trunk complete
(b) Build remaining portion of Unit I as separate assessment
district
Case No. 4 - (a) Build trunk line and portion of Unit I
(b) Build remaining portion as separate assessment districts
In reviewing each of the plans, Mr. Kazmierczak testified that all land within
the proposed assessment district would be benefited by the proposed work to be done
under each plan. All of the land in the assessment district will eventually use the
trunk line as the outlet for sewage and waste from said land. The degree of benefit
would differ in each case. I£ the work outlined on the Map for Case No. 4 is con-
structed, the assessment would be spread so that land not abutting a sewer line would
only be assessed its proportionate share of the trunk line and some amount for that
portion of Unit I constructed.
Mr. Kazmierczak also pointed to Assessment Parcel No. 4-1 on the revised map
on file with the City Clerk, stating that that parcel has sewer service and would
not be benefited by being included in the assessment district. The City Council
5-29-67
64 q
should consider revising the assessment district boundaries to exclude that parcel.
The new southern boundary line would be the northerly line of Camino Del Avion.
Mayor Chermak then asked if any member of the Council had questions. Councilman
Olivares inquired as to how much of the improvement is located on private property.
Mr. Bentwood of Engineering -Science, pointed out private and City property and stated
little over 50% lay in private property.
Briefly following are questions posed by property owners and answers to these
questions given by Engineers and Council:
Q. Mr. Duque: Who wants all the sewers and who is pushing the assessment?
A. Mayor Chermak: Outline brief history of forming of the assessment and
presented petition filed with Council some years back.
Q. Mr. Duque: Are people who filed petition residents in this area?
A. Mayor Chermak then read names of those having signed the petition, in-
cluding Mr. Duque's name.
Q. Mr. Glenn Dismang: Why is district broken down into so many small seg-
ments rather than one large area?
A. Engineers stated there would be around a 5% increase in cost factors if
not accomplished now.
Further comments and questions were as follows:
Mr. Moore inquired as to the inclusion of the Smith property in the district.
Mayor Chermak stated that without participation, no one will be allowed to connect
to the line.
Mr. Duque asked who benefited from this sewer line. Councilman Durnford and
City Administrator stated reasons why the district would benefit the land.
Mr. Moore stated there were four cess pools running over on Del Obispo and
down the drainage system. Discussion followed.
Mr. Wilson asked why city was not sewered by a bond issue.
Mrs. Duque asked when additional laterals were to be constructed. She was
informed that this would be accomplished at the time they decided to develope.
Mr. Carl Romer inquired if Del Obispo would be included in Case No. 4.
Answer was negative.
Dr. Given stated people in his area had not been considered by Council. Mayor
Chermak stated that no one has been denied the opportunity of being heard and that
Council had taken all protests to heart.
Councilman Bathgate stated that it seemingly was the will of the majority of
protesting property owners to adopt Case No. 4, and he so moved that Case No. 4 be
adopted as a plan of construction. Motion was seconded by Councilman Durnford.
271
Motion carried by a majority vote, Councilman Olivares voting "No".
Further discussion followed with Mr. Stradling, Assessment Counselor, stating
that a decision regarding changes should be made before the hearing was closed.
Further discussion took place.
Arguments having been settled, Councilman Bathgate offered Resolution No.
67-5-29-1, entitled "A resolution of the City Council of the City of San Juan Capis-
trano, Orange County, California, making certain corrections in the easement descriptions
set forth in the Resolution of Intention, Resolution No. 67-4-24-6, and making certain
changes in the work and in the boundaries of the proposed assessment district as
described in said Resolution of Intention", for adoption. Resolution passed, approved
and adopted by a majority vote, Councilman Buchheim abstaining.
Following the adoption of Resolution No. 67-5-29-1, Mayor Chermak asked if any
one in the audience wanted to speak on the Resolution of Intention or the revised work
or the revised boundaries of the assessment district. No one desired to be heard
further on any of the matters under consideration.
Assessment Engineer testified again that the protests amounted to 28.5% in the
entire district, including Areas I and II.
Mayor Chermak declared public hearing closed.
Councilman Durnford offered Resolution No. 67-5-29_2, as follows, for adoption:
"RESOLUTION NO. 67-5-29-2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA, MAKING
FINDINGS AND OVERRULING PROTESTS AND OBJECTIONS
Assessment District No. 66-1
WHEREAS, the City Council of the City of San Juan Capistrano, California, by
its Resolution No. 67-4-24-6, adopted on the 24th day of April, 1967, declared its
intention to order the construction of certain sanitary sewer improvements under the
Improvement Act of 1911, Division 7 of the Streets and Highways Code of the State of
California, and in said resolution fixed the 15th day of May, 1967, at the hour of
6:00 o'clock P.M. in the Council Chambers of the City Council of the City of San Juan
Capistrano, 31762 Camino Capistrano, San Juan Capistrano, California, as the time and
place for the hearing before this City Council of protests and objections; and
WHEREAS, at the time and place fixed in said Resolution No. 67-4-24-6, and as
adjourned to May 22, 1967, and further adjourned to May 29, 1967, a hearing was duly
held by this City Council at which all written protests or objections, if any, were
duly presented and read and all persons desiring to be heard thereon were heard, and
this City Council gave all persons present an opportunity to be heard in respect of
any matter relating to the work proposed in said, Resolution No. 67-4-24-6, as amended
5`21-97
by Resolution No. 67-5-29-1 of said. City Council, or the boundaries of the assess-
ment district described therein, or in any way relating to the proceedings proposed
by said Resolution No. 67-4-24-6, as amended,; and
WHEREAS, all persons desiring to appear and be heard have been heard, and this
City Council has taken evidence relating to said proposed work, the boundaries of the
assessment district and the benefits to the property to be included in the proposed
assessment district, and is fully informed in the premises;
NOW, THEREFORE, the City Council of the City of San Juan Capistrano, California,
DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER as follows:
Section 1. That at the hearing this City Council considered the deletion of
certain work proposed to be done and the exclusion of Assessment Parcel No. 4-1
as said parcel is shown on the Map of Assessment District No. 66-1 (N&S Por.), City
of San Juan Capistrano, recorded as Document No. 14164, Book 3, page 25 of Assessment
Maps, in that said property will not be benefited by the work and improvements to be
constructed pursuant to this proceedings.
Section 2. That protests or objections have not been made by the owners of
one-half of the area of the property to be assessed for said proposed work.
Section 3. That all protests and objections are hereby overruled and denied.
Section 4. That no changes are to be made in the boundaries of the proposed
assessment district or in the work proposed to be done, except as provided in Reso-
lution No. 67-5-29-1, and the boundaries of the assessment district are defined and
established as the boundaries described in the Resolution of Intention, to wit:
Resolution No. 67-4-24-6, as revised by Resolution No. 67-5-29-1, and reference is
hereby made to said resolutions for a full description of said work and of the assess-
ment district and for further particulars.
Section 5. That this City Council does hereby determine and declare that the
said contemplated work as hereinbefore mentioned, in the opinion of this City Council,
is more than local or ordinary public benefit, and this City Council does hereby
make the expense of said work chargeable upon the district hereinbefore defined and
established, which district this City Council declares to be the district benefited
by the said work and to be assessed to pay the cost and expense thereof.
Section 6. That this resolution shall be entered upon the minutes of this
City Council.
ADOPTED, SIGNED AND APPROVED this 29th day of May, 1967.
ATTEST:
Isl Ernest A. Thompson
City Clerk of the City of
San Juan Capistrano"
Isl Edward S. Chermak
Mayor of the City of
San Juan Capistrano
s -L y-67
273
Resolution passed by majority vote, Councilman Buchheim abstaining.
Engineers stated that additional time would be required to change plans and
specifications as ordered, therefore bids should not be received until July 10, 1967.
Councilman Durnford then offered Resolution No. 67-5-29-3, entitled "Resolution
of the City Council of the City of San Juan Capistrano, Orange County, California,
ordering the construction of certain sanitary sewer improvements in the City of San
Juan Capistrano, ordering posting and publication of notices inviting sealed proposals
or bids", for adoption. Resolution passed, approved and adopted by majority vote,
Councilman Bathgate abstaining.
Councilman Buchheim offered Resolution No. 67-5-29-4, entitled "A Resolution of
the City Council of the City of San Juan Capistrano, Orange County, California, de-
termining the general prevailing rate of per diem wage and the general prevailing rate
for legal holidays and overtime work in said City for certain crafts or types of
workmen", for adoption. Resolution passed, approved and adopted by unanimous vote.
WRITTEN COMMUNICATIONS
(a) City Attorney, John H. Dawson, rendered Opinion regarding sewer easement between
lots owned by John Luhnow. Council accepted Counselor's Opinion as written.
Received and filed.
(b) Request from Mr. John C. Renfro to use City's abandoned sewage pond for experi-
mental use. Mr. Renfro gave oral presentation of his proposal to grow water
hyacinths experimentally. Councilman Durnford, seconded by Councilman Olivares,
moved that Mr. Renfro be granted his request subject to entering an agreement
regarding liability, 30 day cancellation clause and token charge of $1.00 per
year. Motion carried unanimously.
TREASURY DEMANDS
The list of accounts payable May 31, 1967 were presented by Director of Finance,
Harold L. Albert. Councilman Buchheim, seconded by Councilman Bathgate, moved that
Warrant Nos. 2518 through 2569, inclusive, be issued in the total amount of $34,426.30.
Motion carried unanimously.
PLANNING COMMISSION MATTERS
Robert K. Johns, Secretary of the Planning Commission, presented resolution
recommending rezoning of properties within and conditionally approving Tentative
Tract Map. 6381, and asked Council to set second public hearing for rezone. Council
set public hearing date for June 19, 1967 at the hour of 6:00 o'clock PM.
UNFINISHED BUSINESS
(a) Memorandum submitted by Director of Finance reporting salary considerations for
Fiscal Year 1967-68. As James Olivares will have served his probationary period
s-29-6-1
yi 4t
(b;
by May 31, 1967, he will be eligible for the next step raise on June 1. Council-
man Durnford, seconded by Councilman Buchheim, moved that this step raise be
approved. Motion carried unanimously.
City Administrator read memorandum from Associate Planner, Robert K. Johns,
requesting action from Personnel Review Board regarding salary provisions and
regulations. Council to review and make recommendation at a later date.
City Engineer, Jack Y. Kubota, stated that is City is to meet deadline of
July 1, 1967, regarding AHFP #307, Alipaz Street project, Council should come
to some determination. City Administrator, Ernest A. Thompson, reported that
if the City cannot meet the obligation set forth by the County Road Department,
the funds should be budgeted for the ensuing year and the project be dropped.
Mayor Chermak entertained a motion that the County be notified that this pro-
ject is to be dropped. Councilman Durnford so moved to notify the County that
the City is unable to fulfill commitments of the agreement. Councilman Buchheim
seconded the motion and it carried unanimously.
Director of Finance requested resolution authorizing signatures for Orange
County Bank. Councilman Buchheim offered Resolution No. 67-5-29-5, so granting
this authorization. Resolution passed, approved and adopted by unanimous vote.
ADJOURNMENT
The hour of 9:00 PM having arrived, Mayor Chermak adjourned the meeting at
9:D4 PM.
i
E st A. Thompson
City Clerk -Administrator
T1-ese are the official proceedings of the City Council of San Juan Capistrano at
tYeir regular meeting of May 29, 1967.
s -2y-67