68-0527_CC_Minutes_Regular Meeting447 Minutes of the Meeting of the City Council of San Juan Capistrano
May 27, 1968
The regular meeting of the City Council was called to order
at 6:03 PM by Mayor Edward S. Chermak.
The pledge of allegiance was recited. Invocation was given
by City Attorney, John H. Dawson.
The City Clerk called the roll. Councilmen present: William A.
Bathgate, Don Durnford, T omas A. (Tony) Forster, Antonia M. (Tony)
Olivares and Edward S. Chermak.
The minutes of the regular meeting of May 20, 1968 were approved
with one correction.
WRITTEN COMMUNICATIONS
(a) Letter from Rutan & Tucker regarding submittal of survey
accomplished by Engineers for Atchison, Topeka & Santa Fe
Railway Co., for possible extension of track facilities along
the South side of San Juan Creek. Mayor Chermak suggested a
2-3 week study in order that the staff can make a thorough
investigation and give Council a report of their findings.
It was further recommended for the benefit of citizens that
the newspapers publish fact that proposal is on display in
City Hall. Also, that Planning Commission study the proposal
to see how it will effect City Planning. City Planning regular
session is scheduled for June 5, 1968, whereupon there will be
a review by them and a report to City Council.
(b) Letter fram Capvstrano Unified School District requesting re-
fund portion of Inspection Fee for improvement of Del Ob-l$po
and Camino Del Avion adjoining Marco Forster Jr. High School.
City Engineer, Jack Kubota pointed out this case was based
upon the amount the Contractor bid as against the original
estimate of cost which was considerably higher. Therefore,
a refund of $878.25 as overpayment by the U.S.D. was recommended.
Councilman Bathgate moved, seconded by Councilman Durnford that
we refund $878.25 to C.U.S.D. After further discussion it was
determined that a $100.00 deduction be required for Engineering
Fees. Councilman Bathgate and Durnford amended original motion,
moving that an adjustment be made of $100.00 deduction, leaving
a refund in the amount of $778.25. City Clerk called the roll.
Ayes unanimous.
(c) Letter form C.U.S.D. REGARDING PROBLEM EXISITING FOR 8001
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' 8 along westerly side of Del Obispo from Westborne to"school site.
Mayor Chermak pointed out this matter was up to the School
Board to take care of since it would just be trading public
tax dollars if City became involved. Jack Kubota stated that
until something is done about the street intersection and
bridge there seems little point in going ahead with the strip
as requested until it has been decided whether the County intends
to improve the intersection and suggested the school officials
contact the County to see what could be done. Mayor Chermak
agreed that the City wait until contact with County is made.
He also proposed that a letter be sent to C.U.S.D. advising
them that unless the three entities, namely : County, School
and City get together to bring about a ;realistic solution,
there is nothing the City can do at this time. So directed.
(d) Letter from Skybus Inc., concerning application to P.U.C. for
certificate of public conveyance. After lengthy discussion,
Councilman Forster suggested not to endorse it at this time
and Councilman Bathgate also felt the reluctance to take any
action at this time. Mayor Chermak agreed not to endorse, and
to send explanative communication to President Peter Fiori
stating our position. So directed.
(e) City Clerk, Ernest Thompson presented Council with information
regarding "Notice of Hearing", by order of the Public Utilities
Commission to be held in the Council Chambers, San Juan Capistrano
on Monday, June 10, 1968 at 10:00 AM to 5:00 PM., with reference
to discontinuance of agency service at San Juan Capistrano
Stattion. Request for Notice to be posted and given to news-
papers.
TREASURY DEMANDS
(a) Accounts Payable Month ending May 31, 1968. Councilman Bathgate
moved that Warrants #3263 - 3325 be issued in the amount of
$18,186.66. Carried unanimously.
PLANNING COMMISSION MATTERS
(a) Presentation of Planning Commission Minutes to Council. Item
No. 6'considered premature to set public hearing. Mr. Scalzo
intends to submit letter. Mayor Chermak proposed that a more
appropriate time be set.
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UNFINISHED BUSINESS 449
(a) City Clerk, Ernest Thompson brought up the subject of the Back
Hoe and requested Director of Public Works, T. J. Meadows to
make report and recommendations. T. J. Meadows mentioned that
the Back Hoe the Council had agreed to purchase at the previous
Monday night meeting had already been sold before negotiations
could be finalized. Councilman Bathgate suggested that the
City go on a lease arrangement basis for a Back Hoe until such
time as we see what develops with the Waterworks District #4.
Mayor Chermak felt that there were quite a few outlets in the
immediate area that the City could contact in respect to leasing
of this equipment and also to contact Mr. Spalding to see if there
is one available. Councilman Forster proposed the City look into
the possibilities of leasing the Back Hoe from Waterworks Dist.
#4, which would be in the best interest of the public. Mayor
Chermak agreed and suggested that the staff communicate -.with
the Coun ty to see if the County would be receptive.to this idea.
(b) City Clerk brought before the Council the acknowledgement of
signature of Mr. Huntington relative to the Surety Bond being
exonerated. Councilman Bathgate said he visited the area and
water problem still exists on this a.tract, despite the fact that
a berm had been cut to allow water to flow through. Mayor
Chermak reasoned that before acceptance of document be made,
it should be ascertained whether or not this problen still
exists. After further discussion, it was decided that the
acknowledgement of the signature of Mr. Huntington on the
document before recording would safeguard the City from any
litigation. Councilman Bathgate and Durnford moved for the
acceptance of document and recording of same. Roll call taken.
Ayes unanimous.
RECOMMENDATIONS AND REPORTS
(a) City Clerk, Ernest Thompson recommended the Anniversary merit
increase as of June 1st., 1968 be made in favor of Lee Vallavanti,
increasing her salary to Range 14, Step 4, to $464.00 per month.
Councilmen Forster and Durnford moved and seconded merit increase
be allowed. Roll call taken. Ayes unanimous. So Ordered.
.1 f' -1(b) Attorney Dawson referring to Assessment District 64-1 concerning
2 separate Acceptance and Easement Deeds for Parcels 8,24 and
23 on N. W. side of San Juan Creek and Ganado, advising the title
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+J would be checked before recordation. Mayor Chermak proposed that
Easement Deed on Parcel 8 and 24 be accepted. Roll call taken.
Ayes unanimous.
(c) Director of Finance, Harold L. Albert confirmed that the table
and chairs had been ordered for the Press and should arrive in
another week or so.
(d) City Engineer gave Council a list of projects that need attention
and priority to be given for capital improvements where urgently
needed. Councilman Forster felt that serious consideration be
given to Capital Improvements where urgently needed and for
the Planning Commission to research and report their findings
to the Council. Mayor Chermak advised that the City Clerk
could reveal resume'to ascertain what has been accomplished.
so far. Also, that the Planning Commission, on a voluntary
basis, could be permitted to make their recommendations in`this
pursuit.
(e) Mayor Chermak:- The Joint Powers Agreement meeting on Thursday
May 23, 1968 with Dana Point and Capistrano Beach Sanitary
District concluded unsatisfactorily. According to Mayor Chermak,
3 of 4'entities were willing to work together, but could get no
cooperation from the other. He indeicated that there will be a
meeting in the future,and at that time, Attorney Stradling will
produce a document, hopefully satisfactory to all.
(f) Mayor Chermak posed the question to Council to establish a
position forthcoming of either a Superinrendent of Street
Maintenance or Public Works Foreman to work under Director
of Public Works, T. J. Meadows. He pointed out the advantages
in promoting a qualified person from our own staff rather than
hiring someone from outside. T. J.'Meadows felt that Const-
ruction Inspector, Benny Davis was qualified to fill the position
and recommended that Council give serious thought and consider-
ation to this. City Engineer, Jack Kubota, also reiterated
Mr. Davis qualifications as to the effectiveness of duties he
has carried out competently and proficiently. Attorney Dawson
felt that it might be possible for T. J. Meadows and Ernest
Thompson to make recommendations on'.the handling of list of
duties, salary and classification. Mayor Chermak suggested that
re-classification be made without too much more expenditure on
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on salaries, and that City Administrator, Ernest Thompson
prepare a report for submittal to the Council at the earliest
possible time.
(g) Mayor Chermak called a 5 minute recess before going into the
Executive discussion requested by City Enguneer, Jack Y Kubota
regarding possible changes to be made on whether to retain
him as City Engineer or hire a full-time Engineer.
ADJOURNMENT
The meeting adjourned to Executive discussion at 9:00 PM
Erniest A. Thompson
City Clerk-Administra r
These are the official proceedings of the City Council of San
Juan Capistrano at their regular meeting of May 27, 1968.
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