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-
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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.
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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
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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.