68-0513_CC_Minutes_Regular Meeting43�
Minutes of the Meeting of the City Council of San Juan Capistrano
May 13, 1968
The regular meeting of tIn City Council was called to order
at 6:00 PM by Mayor S. Chermak.
The pledge of allegiance was recited. Invocation was given
by City Administrator, Ernest A. Thompason.
The City Clerk called the roll. Councilmen present: William
A. Bathgate, Don Durnford, Thomas A. (Tony) Forster, Antonio M
(Tony) Olivares and Edward S. Chermak.
The minutes of the regular meeting of May 6, 1968 were
approved as read.
ITEMS CONTINUED FROM MEETING OF MAY 6, 1968 AGENDA
(a) Correspondence from the office of Consolidated Rock Products
Company requesting a two year extension on Land Use Variance.
Councilman Durnford recommended that an extension of two years
be granted on the sffingth that this company had carried out
their operation very well since the original Land Use Variance
was issued in 1964. Motion seconded by Councilman Bathgate
was carried by unanimous vote.
(b) Correspondence from Kolbet Construction Company for exoneration
of bonds on Tracts No. 5733 and No. 5974. City Engineer, Jack
Y. Kubota pointed out that both sub/divisions are finished
but both have remedial work to be done which, up to the present
time has not been completed. Mayor Chermak recommended these
items be completed before Bonds No. 336739 and No. 340741 are
exonerated and suggested Mr. Kubota contact this company to
get this completed.
WRITTEN COMMUNICATIONS
(a) Correspondence from the City of San Clemente by Kenneth E. Carr,
City Manager - Informational. Mayor Chermak agreed that every-
thing possible should be done to improve relationships with
the City of San Clemente and was incumbent upon staff to aid
in this effort. It was further proposed that a.letter be sent
by City Administrator, indicating favorable cooperation cooper-
ation with them in all aspects.
(b) Letter from Orange County Community Action Council, Inc.,
addressed to Mayor Edward S. Chermak. Councilman Durnford
recommended that no action be taken on this matter until more
information is available. City Administrator stated the C.A.0
4T, /3-6c?
- had made no concerted effort to follow through on his
inquiries.
Councilman Forster
suggested
that
the City
Adminis-
strator send
for literature to
present to
the
Council
in their
packets.
OEAL COMMUNICATIONS
(0 Mr. Alex Bowie, representing the Owens-Illinois Company, spoke
before Council on a proposed railroad spur to be run adjacent
to the San Juan Creek for about two and one half miles to
connect to the Santa Fe Railroad. This, inorder that silica
mind removed from Mission Viego be transported to the Santa Fe
Railroad for loading, at approximately 10 cars per day.
Mr. Bowie will have material ready in few days when data is
complete to present to the Council.
�'I) Ray Miller complained before the Council of a serious water
leak occurring in the Capistrano Mesa tract in the vicinity
of Del Obispo and Calle Winona. He requested the City check
the portion behind the hill where the leak is occurring.
Director of Public Works, T. J. Meadows, stated that the respons-
ible party - namely the Trabuco Water Co., has been notified
and that they had assured him they would take care of the
matter. However, since this has not been done, he suggested
that the City make the repairs and charge the Trabuco Water Co.,
Councilman Bathgate warned we would be responsible if we did
repairs, so felt that we °should exhaust all possiblilities
before going ahead. City Attorney John H. Dawson, mentioned that
Company may be in violation of City Code in permitting water
to damage City Streets, and therefore, he will write them a
letter.
c) City Administrator, Ernest Thompson read letter from the
California Association of Soil Conservation District Area 8
concerning meeting at the Irvine Ranch with a tour scheduled
and lunch at Revere House. All Councilmen were invited. There
was no response, since it conflicted with the local barbeque
to be held on the 19th. of May.
CREASURY REPORT
Director of Finance, Harold L. Albert, presented Statement of
Receipts and Disbursements for the Month ending April 30, 1968.
It was received by Council with a motion that it be accepted andth
filed for Audit with a correction to bemade on Page two on Item
"Municipal Sewer" change form $29,632.60 to $29,632.50. Moved and
J'=/3 -be
seconded by Councilmen Bathgate and Durnford. Carried unana'}r.
UNFINISHED BUSINESS
(a) Personnel Salary Adjustment (cost of living increase) continued
from meeting of April 29, 1968. Suggested increase evolved
around 5.5% straight across board with immediate increases for
employees anniversaries now due and subsequent raises for those
employees with anniversaries later. Questions were raised by all
members of the Council as to why raises were necessary. Mayor
Chermak commented that we are not trying to keep up with other
cities in aforesaid increase, but at least be on par since we
do have to pay for qualified personnel and that as of July 1st.,
work load would increase and would affect all personnel in all
categories.
(a) Attorney Dawson made a printed reference to the salary adjustments
of court judges based upon cost of living increases. A break-
down of salaries according to classification wasnoted. After
lengthy discussion, it was proposed by Mayor Chermak that the cost
living and merit increases, based upon competitive cities would
be average, and in accordance with the figures we now have.
Motion made by Councilman Durnford, duly seconded by Wm. Bathgate
approving the granting of 5.5% cost of living wage increase.
Motion carried by 3 to 2 vote, Councilmen Olivares and Forster
voting "No". Motion granted.
(b) Mayor Chermak brought up the possiblility of hiring a full-time
City Engineer once the City takes over the 'street maintenance,
or continue the services of Mr. Kubota on an hourly basis. It
was pointed out that Engineering Fees during the period of 1965-66
amounted to over $30,000.00 and the anticipated Fees for 1968
will be $15,00.00. Mr. Kubota welcomed comments and would request
conference with the Council on any changes to be made. Discussion
to continue.
NEW BUSINESS
/3 — / (a) City Administrator, Ernest A. Thompson stated that 11 acres
owned by Brown and Allen, adjacent to Jim Heim, pledged $15,000.00
to secure and guarantee Public Street Improvements. Resolution
of Acceptance authorizing agreement of Surety
by Councilman Bathgate. Carried unanimously.
maoved and seconded
NEW BUSINESS -CONTINUED
(b) Mr. John Douglas concerning Tract 6169, requested conditional
approval of maps and plans that have been completed with one
exception. Aggregate fees of $11,522.00 involved: bonds being
drawn on Thursday. He appealed to the Council that they consider
the depth of storm drain and sewer installed on Alipaz as it
would place an added financial burden on them. City Engineer
pointed out on map that by retaining the depth of sewer as
planned, it would defray cost to the City in the future. After
lengthy discussion, it was agreed that we grant concession at
lesser depth. Developer met requirements on Tract 6169 and was
approved. Moved and seconded by Councilmen Durnford and Forster
respectively. Motion carried by majority vote.
RECOMMENDATIONS AND REPORTS
(a) City Administration - (Committee Assignments - by Mayor) Mayor
Chermak assigned jusrisdictional phases of the municipal
government as follows:
(a) Antonio M. (Tony) Olivares---
Public Works, including streets, water, sewer,
parks and surface drainage
(b) Don Durnford ------
Budget and Finance (with special assignment
to pursue the negotiations and aquisition of
land for parksites);
(c) William A. Bathgate -----
Public Relations and Municipal Development
(With special assignment to pursue the issues
and problems of water rights and M.W.D. water);
(d) Thomas A. (Tony) Forster ---
Planning; Building; Health and Welfare;
(e) Mayor Chermak----
Personnel and Administration (With ex -officio
jurisdiction to keep surveillance of all
phases listed above).
(2) City Attorney, referring to Lawsuit with Lafco re: annexation
of Capistrano Shores, that we had better than 50-50 chance on
upsetting this on appeal. If this was not successful, a new
annexation would be. After decisions are made, we would have
30 - 60 days to appeal.
(3) T. J. Meadows, Director of Public Works regarding sewer fee for
Tiny Naylor restaurant, proposed that a charge fo $700.00 be
made for connection. Motion carried by 4-1 bote. Councilman
Forster abstaining.
3c
T. J. Meadows on Flora Windorf property, rcommended connection
fee of $1,050.00 using one single connecting line. Motion
carried by 4-1 vote. Councilman Forster abstaining.
T. J. Meadows requested Council to reconsider purchase of Back
Hoe at a cost of $3,500.00. Decision held for Council's viewing.
T. J. Meadows, anticipated Street Maintenance %Program. City
Engineer Jack Y. Kubota indicated on map subdivision streets
that have been in use many years are in need of reconstruction,
a signal be placed on corner of Ortega Highway and Camino
Capistrano, and three railroad crossings on Del Obispo, Verdugo
and Oso be upgraded according to the P.U.C. rendered December
two years ago. Mayor Chermak requested a break -down in assign-
ment for study costs in order to select priority areas. T. J.
Meadows needs clarification for taking over permits. Ordinances
have to be drafted. He also requested Intent and Report by next
meeting. City Clerk, Ernest A. Thompson , pointed out irregul-
arities occurring on $2.00 Fee that this would be subject to
review.
(4) City Engineer reported that Tract 5974 is almost finished and
Tract 6225 is coming along. That Red Hill Cons. Co. DOL 66-103
work is almost done andthat they did an outstanding job in moving
dirt.
Rose Allen Construction Co. project now taken over by Prudential
S & L by default, concerning the westerly corner of Del Avion,
the Surety Bond having expired January 4, 1968, no work has been
done and pressure should be placed on the party concerned.
(5) Councilman Forster suggested that property owners involved be
contacted regarding the erroneous press release in the Coastline
rD€spatch dated Wednesday May 8, 1968 when they stated that a
request made by the firm of Rutan & Tucker was denied.
fact, Council did not take action in this matter.
ADJOURNMENT
The meeting adjourned at 9:18 PM.
In actual..
E7EFt t A. Thompson
City Clerk-Administra r
These are the official proceedingsof the City Council of San Juan
13
Cppi3;rano at their regular meeting of May ,Ff 1968
S-/3-68