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68-0401_CC_Minutes_Regular MeetingMinutes of the meeting of the City Council of San Juan Capistrano APRIL 1, 1968 The regular meeting of the City Council was called to order at 6:17 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 E. Bathgate, Antonio M. (Tony) Olivares and Edward S. Chermak. Absent: Carl E. Buchheim and Don Durnford. The minutes of the regular meeting of March 25, 1968 were approved as presented. WRITTEN COMMUNICATIONS (a) Letter from Royal Street Development Company requesting permission to close a portion of Silver Spur Road (Mission Hills Ranch)ifor the purpose of maintaining a sales compound. Mr. King designated area on plat map. After considerable discussion, Councilman Bathgate moved that the request be granted for a period of one year, or the sale of a model home, whichever occurred first, with an option to renew, and that at the end of this period the right of way shall be restored to a condition acceptable to the City. Motion seconded by Mayor Chermak and carried unanimously. (b) Resolution, City of Laguna Beach, supporting bond issue for the Saddleback Junior College District. Resolution accepted and filed. (c) Regarding item submitted to Board of Supervisors relative to laird exchange, City Administrator received correspondence from Flood Control District requesting map and legal description for purpose of the exchange. He and Councilman Durnford to pursue the matter. (d) Mayor Chermak received request from the National Foundation -March of Dimes to proclaim May 2, 1968 as "Healthy Baby Day". So proclaimed. ORAL COMMUNICATIONS (a) Mr. Alan Schwartz, developer of the Stroschein property, appeared before Council stating another source of fill material available from State Highway project offered by Griffith Company, and request- ed clearance. He is to make contact with the above and promote integrity to the pursuit for the City and its inhabitants. (b) Mr. Robert Fulk, in the audience, asked if Council had considered 408 traffic hazard at Valle Road bridge and if they would consider placing a stop sign in the area study. Was informed area is under (c) Mr. Jack Kirkwood commented as follows: (1) Would Council consider holding meetings at a later hour? Mayor Chermak replied that the present hour suited Council best, and that he would like to hold matter in abeyance until a new Council is seated. (2) Inquired as to railroad spur adjacent to San Juan Creek Road.— Mayor Chermak replied that the City had no definite inform- ation to date but there was the possibility that the spur could go in even over the objections of the City. (3) Noted from newspaper article planned construction of apart- ment site in area of proposed Medical Center on San Juan Creek Road. The Mayor stated he was not aware of appli- cation for such a building. City Administrator also stated that apartments are precluded in C-1 zoning. (d) Mr. Fulk reappeared requesting more information on railroad spur. Mayor and City Attorney explained situation to date, stating that public hearing must be held to permit granting of City franchise. City Attorney stated representative of Owens- Illinois requested opportunity to speak before Council and sug- gested notice be given to citizens who wished to hear him. PLANNING COMMISSION MATTERS Application for Use Variance Permit No. UV 6050 referred to City Council. After discussing the matter, the comments are to be passed on to the Commission. UNFINISHED BUSINESS (a) Dissolution of existing street and highway lighting maintenance district. Mayor Chermak directed the item be held over for further study. City Attorney suggested asking SDG&E to prepare a system for street lighting for broad public �enefit and local benefit. y -/-/(b) Councilman Bathgate offered Resolution No. 68-4-1-1 accepting Agreement of Lloyd D. Bruce for consent of waiver and assumption of liability for nonconforming driveway, authorizing executioia by the Mayor and City Clerk, and recordation of same. Passed, approved and adopted unanimously. 40 ( NEW BUSINESS Councilman Bathgate offered Resolution No. 68-4-1-2 accepting Irrevocable Offer to Convey Easement (DL 68-101, Allan and Brown) and authorizing the Mayor and City Clerk to execute and record, subject to clearance by City Engineer. Resolution passed, approved and adopted by unanimous vote. (b) Assessment District No. 66-1 - Preliminary spread of assessment and setting date and time for Hearing of protests. T. J. Meadows, as Superintendent of Streets, hereby filed assessment with the City Clerk. After outlining time schedule for confirmation of assessment by Mr. Meadows, Mayor Chermak set public hearing for protests for Monday, April 29, 1968, at the hour of 6:00 PM. (c) Mayor Chermak offered Resolution No. 68-4-1-3 Ordering Canvass of the General Municipal Election to be held on the 9th day of April, 1968, to be made by the City Clerk. Resolution passed, approved and adopted by unanimous vote. RECOMMENDATIONS AND REPORTS (a) City Administrator, Ernest A. Thompson Announced that survey crew for the railroad is now in the City and that Owens-Illinois will make a formal presentation later. (b) City Attorney, John H. Dawson Note of appreciation for audience participation. (c) Director of Public Works, T. J. Meadows (1) Re: Open ditch on Camino Capistrano and Junipero Serra, they have been contacted and it should be filled April 2nd. (2) Showed new trash receptacle for placement on street light standards for Council consideration. (d) City Engineer, Jack Y. Kubota (1) Regarding railroad spur location, Mission Viejo has asked for rezone for sand pit. (2) Spoke regarding problem of right of way acquisition of the corner of Ortega Highway and Camino Capistrano. Staff to pursue the matter. (3) Three alternatives in view of resurfacing Camino Capistrano: Wait until water pipelines have been installed; do one leg from El Adobe to Verdugo; or do entire job. With Council concurrence, Mayor Chermak recommended that the City proceed irrespective of County actions, 410 (4) Recommended acceptance and recordation of easement deed encumbered by So. California Edison Company (DL 67-104 - Resubdivision of Tract 6427, Lot 51). Councilman Bathgate offered Resolution No. 68-4-1-4 accepting deed and author- izing recordation of same, in conformance with recommendation of the Planning Commission adopted unanimously. Resolution passed, approved and (5) Reported that property owner on Alipaz would like to grant right of way without consideration to the City. Mayor Chermak directed City Engineer to proceed with negotiations. (6) Will make every effort to get Griffith Company to remove dirt in most orderly manner. (e) Councilman Bathgate Appeared before County Board of Supervisors regarding San Juan Creek survey for underground water basin. Inquired as to why the City and the Soil Conservation District had not been included on the Board. The City of San Juan Capistrano, Soil Conservation District and Santa Margurita District will now be included in the survey. (f) Mayor Chermak Will try to keep public informed regarding railroad matter. ADJOURNMENT The meeting adjourned at 8:30 PM. Cgt nest A. Tnompson City Clerk-Adminis rator These are the official proceedings of the City Council of San Juan Capistrano at their regular meeting of April 1, 1968. q-1-68