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68-0129_CC_Minutes_Regular Meeting3'75 Minutes of the Meeting of the City Council of San Juan Capistrano JANUARY 29, 1968 The regular meeting of the City Council was called to order at 6:04 PM by Mayor Edward S. Chermak. The pledge of allegiance was recited. Invocation was given by John H. Dawson, City Attorney. The Deputy City Clerk called the roll. Councilmen present: William A. Bathgate, Carl E. Buchheim, Don Durnford and Edward S. Chermak. Absent: Antonio M. (Tony) Olivares. The minutes of the regular meeting of January 22, 1967 were approved as presented. WRITTEN COMMUNICATIONS (a) Request from Pre -School Association of California to proclaim the week of March 3-9 as "Nursery Education Week". Mayor Chermak so proclaimed. (b) Request from the Orange County Heart Association to proclaim February, 1968, as "Heart Fund Month" and February 26 -March 3 as "Heart Fund Sunday Week". Mayor Chermak also signed the proclamation. (c) Letter received from Capistrano Unified School District requesting City repre- sentation to meet with the Board of Trustees to discuss future recreational developments for the area. Mayor Chermak appointed Councilman Buchheim to serve in the capacity of representative for the City and report to Council after initial meeting. (d) Notice from San Diego Regional Water Quality Control Board regarding Applicat- ions for PL 84-660 grants for F/Y 1968-69. Director of Public Works requested permission to meet with City Engineer and representative of Engineering -Science, Inc. to make cursory survey for determination as to need for grant and report back to Council ORAL COMMUNICATIONS Permission granted. (a) Mayor Chermak read in full draft of a resolution approving an agreement for the payment of $8,000 fee for receiving sewerage from the Capistrano Beach treatment plant, conditioned upon acceptance by the other entities involved. City Attorney suggested document be re -titled "Statement of Policy". After considerable debate with Council members, staff and representatives of the Capistrano Beach and Dana Point Sanitary Districts, Mayor Chermak moved that the Statement of Policy be adopted by the City Council of the City of San Juan Capistrano as a statement of its intention to proceed in connection with the joint use of the sewerage disposal facilities. Motion seconded by Council- / -29-64' 376 man Bathgate and carried unanimously. A copy of the Statement of Policy and Minute Order of action to be forwarded to other three entities. (b) William D. Davenport, Pastor of the Capistrano Valley Baptist Church, presented for Council consideration a petition signed by Presbyterian Church officials and various property owners for improvement of a portion of Del Obispo Street under the 1911 Act. Councilman Bathgate, seconded by Councilman Durnford and carrying unanimously, moved to accept the preliminary petition and to direct the City Attorney to proceed with a formal petition for formation of an Assessment District, to be presented at the next regular meeting. Item — requesting use and occupancy of church building prior to completion of Con- dition 2 of LUV 64-111 to be held in abeyance. (d) Mr. Leo Chade, on behalf of Mr. Edward Chade, appeared before Council regard- ing possible infraction of land use on Alipaz Street. After considerable discussion, Mayor Chermak directed staff to take appropriate action in cur- tailing operation of the automobile wrecking yard on the property in question. TREASURY DEMANDS The Director of Finance, Harold L. Albert, presented List of Demands payable January 31, 1968. Councilman Bathgate moved that Warrant Nos. 2980 through 3044, inclusive, in the total amount of $64,467.45 be issued. Motion seconded by Council- man Buchheim and carried unanimously. (a.) This being the date set for rendering of final decision of the Appeal of Land Use Permit Application 67-108, Councilman Bathgate moved that the Appeal on Land Use Permit 67-108 be upheld and the Land Use Permit be denied. Mayor Chermak seconded the motion and it carried by a 3 to 0 vote, Councilman Durnford abstaining. (b) Execution of Lease and Consent to Sublease of Leasehold Estate of the SDG&E storage facility by the County of Orange for Waterworks District #4. After approval by City Attorney and staff as to form, Councilman Durnford, seconded by Councilman Buchheim, moved that the Mayor and City Clerk be authorized to execute the Lease. Motion carried unanimously. (c) City Engineer reported regarding exoneration of monumentation bonds on Tract 6039 (Marina Capistrano). He stated that when problems have been solved, he will ask that the item be returned to the agenda for Council consideration. NEW BUSINESS Memorandum from Director of Finance regarding purchase of new electric type- writer for City offices. Councilman Buchheim, seconded by Councilman Durnford and carrying unanimously, moved to authorize the purchase. /--L 9-68 377 RECOMMENDATIONS AND REPORTS (a) City Administrator, Ernest A. Thompson (1) In accordance with Personnel Ordinance, Director of Public Works, T. J. Meadows, and City Construction Inspector, Benny Davis, eligible for merit salary increase effective February 1, 1968. Councilman Buchheim, seconded by Councilman Durnford, moved to authorize step advances. Motion carried by unanimous vote. (2) Brought up the subject regarding payment of salaries for Council members to be placed as measure on ballot in upcoming election. City Attorney stated salary consideration could be provided through passage of an ordinance, as stated in Government Code. After considerable discussion, Councilman Durnford offered Resolution No. 68-1-29_1 calling for election - candidates only, and rescinding Resolution No. 68-1-22-3, which called for measure on the ballot. Resolution adopted by majority vote, Council- man Bathgate voting "No". (b) City Attorney, John H. Dawson (1) Reported on request for formation of a Recreation and Park District in Mission Hills Ranch. His advice was that the developer maintain the district for a period of one year, or until such time as there are enough residents in the tract to vote on the issue. He is to research the matter to find a way to apply CC&R's to the situation. (2) Greenlee suit scheduled for trial. He informed plaintiffs he would submit a recommendation to Council to settle the matter for $2,000. Councilman Bathgate, seconded by Councilman Durnford, moved that the City accept the out of Court settlement for the amount of $2,000. Motion carried unanimously. (c) Director of Public Works, T. J. Meadows (1) Reported on investigation regarding church sewer connection fees. Dis- cussion followed. Councilman Buchheim, seconded by Councilman Durnford, moved that one-fourth of the charge of the commercial formula be applied for all church sewer connections, based upon the initial building, and that any future buildings on the site are to be charged on the same one- fourth formula. (2) In receipt of letter from Pacific Fire Insurance Company informing him the City has been reduced to Class 6 City, formerly Class % and 9b. (d) City Engineer, Jack Y. Kubota (1) Regarding Stroschein property on new Del Obispo Street, informed Council /-z9-6B v i that the State would entertain a request that they put in sidewalk to the Ortega bridge at no cost to the City. Councilman Durnford offered Resolution No. 68-1-29-2 that such a request be submitted by the City. Passed, approved and adopted by unanimous vote. (2) Witnessed five traffic violations at designated time in Junior High School area. Strongly recommended that "No Parking" signs be posted on west side of Camino Capistrano. (3) In receipt of plans for improvement of Del Obispo Street at site of infamous bridge and hope to get action soon. (4) Stroschein plans ready for final approval. They have requested another 42' width driveway into drive-in theatre. (5) Final plans for street lighting and electrical undergrounding on San Juan Creek Road have not yet been received. (e) Councilman Bathgate Orange County Planning Department has approved rezoning of lands North and West of City to "PC", Rancho Capistrano. He feels development bears watching as various tracts are to be developed in the area and a portion within the City boundaries. They will probably call on the City's Planning Department. (f) Councilman Buchheim Some back-up of traffic in the City due to trucks making U-turns. Should be investigated. Councilman Durnford Reported effluent from Moulten-Niguel still flowing in Oso Creek. Mayor Chermak recommended that Mr. O'Leary be put on notice to have someone from his office check the situation on week -ends A7 U CUMENT The meeting adjourned at 8:59 PM. Councilman Bathgate confirmed the flow. E,3&st A. Thompson City Clerk -Administrator Thee are the official proceedings of the City Council at their regular meeting of Ja7Lary 29, 1968.