68-0624_CC_Minutes_Regular Meeting465
Minutes of the meeting of the City Council of San Juan Capistrano
JUNE 24, 1968
The regular meeting of the City Council was called to order at
6:00 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 A.
Bathgate, Don Durnford, Antonio M. (Tony) Olivares and Edward S. Chermak.
Absent: Thomas A. (Tony) Forster.
The minutes of the regular meeting of June 17, 1968 were approved
as presented.
WRITTEN COMMUNICATIONS
(a) Notice of General Meeting for June 1968 from Orange County Divis-
ion, League of California Cities.
(b) Mayor Chermak announced a special meeting of the Orange County
League of Cities with regard to the Briggs Bill (Dissolution of
the Harbor District) which is to go before the Committee June 61h,
and recommended that the City endorse said Bill. He then instructed
City Administrator to notify Mr. Updegraff, Secretary of the
League, that the City is still in favor of its prior action.
(c) Request from Christiansen & Associates for relinquishment of tem-
porary access easement, Tract 5125. Upon the suggestion of City
Engineer, Councilman Durnford moved that the temporary access
easements be relinquished and quit -claimed back to the original
owner prior to recordation of Tract Map 6244. Motion seconded by
Councilman Bathgate and carried unanimously.
PUBLIC HEARING - Appeal to LUP 68-102, Mobilehome Park
Due to the request of Mr. Scalzo for postponement of 30 days, the
Mayor inquired of legal counsel whether it would be appropriate to
even consider a public hearing at this time. The City Attorney respon-
ded that in view of public notice publication and the presence of those
people wishing to be heard in the matter, he recommended that a public
hearing be held, hearing all those in attendance and, at the discretion
of the City Council, continue the public hearing to a time certain.
Mayor Chermak opened public hearing on Appeal to LUP 68-102 at 6:20
PM. He then asked if any one wished to speak in favor of granting the
permit. Mr. Scalzo stated he wished to postpone the hearing until his
planners could appear on his behalf to make a formal presentation.
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Mayor Chermak asked if anyone wished to speak against the proposed
Mobilehome Park. City Administrator stated he was in receipt of new
written correspondence, and read in full letters of protest from the
following: Mr. Yvon Heckscher; Mr. Wes Klusman; Mr. & Mrs. R. S.
Shrewsbury; Mrs. Fran Hobart; Mr. Thayer T. Hills; Dr. John H. Given;
Mr. F. E. Birtcher; Mr. R. E. Birtcher; Mr. A. B. Birtcher.
(COUNCILMAN FORSTER ARRIVED AT 6:37 PM)
The following property owners, in the audience, then spoke in
opposition to the Appeal: Mr. Ron Birtcher; Mr. Heckscher; Mr. Art
Birtcher; Dr. Given; Mrs. Hobart; Mr. Donald McCartin.
Mayor Chermak continued the hearing until July 22, 1968 at 7:00 PM.
TREASURY DEMANDS
The list of accounts payable June 30, 1968 were presented by the
Director of Finance. Councilman Forster, seconded by Councilman Bath-
gate, moved that Warrant Nos. 3326 through 3396, inclusive, in the
total amount of $45,660.59 be approved for payment. Unanimous vote.
PUBLIC HEARING - Amendment #4 to Master Plan of Streets and Highways
Mayor Chermak declared public hearing opened. City Engineer made
presentation of changes and additions to the Master Plan. No one
appeared to oppose the proposed changes. Public hearing closed.
Councilman Forster then offered Resolution No. 684-24-1 accepting
Amendment #4 to the Master Plan of Streets and Highways, for adoption.
Passed, approved and adopted by unanimous vote.
PLANNING COMMISSION MATTERS
Minutes of the meeting of June 18, 1968 were presented for Council
perusal. City Engineer explained item regarding LUP 68-103 and is to
follow up matter with State Division of Highways. _
UNFINISHED BUSINESS
First reading of proposed Ordinance No. 136 pertaining to exca-
vations, encroachments and permits with fees in conjunction with
Public Works Program. Item deferred to next regular meeting.
NEW BUSINESS
Effective July 1, 1968, two City employees eligible for merit
increase. Director of Finance, Harold L. Albert, to third step, range
28, and City Administrator, Ernest A. Thompson, to fourth step, range
32. Mayor Chermak, seconded by Councilman Durnford, moved that the
merit increases be granted. Motion carried by majority vote, with one
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abstention. Councilman Forster asked that the record show his affirm-
ative vote.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
(1) Noted Board of Supervisors' Agenda for June 25th, item 38.
Under Flood Control and Water Matters - to declare portion
of Trabuco Creek Channel surplus property. Will follow
through and report back to Council.
(2) Received copy of letter from County Counsel regarding Surety
and Performance Agreement, Camino del Avion and Del Obispo.
(3) Road Commissioner recommends that matter regarding school
sidewalk be presented to Orange County Traffic Committee.
Mayor Chermak directed staff to pursue and inform school
district of proposed County participation with the City.
(4) Alex Bowie has returned from 6 week absence. Relates it
will be at least two weeks before he can appear before
Council making formal presentation for Owens-Illinois re-
garding railroad spur.
(b) City Attorney, John H. Dawson
(1) Attempting to get funds before close of fiscal year for
refund of amounts placed on deposit on two 1911 Acts. Hopes
to have in hand prior to end of this fiscal year.
(2) As requested by Council, has contacted counselor Fritz
Stradling, who is no more aware of Dana Point -Capistrano
Beach Sanitary Districts' agreement than is the City. Still
in a state of flux.
(3) In the matter of business licenses required by Soils Testing
Engineers, has found nothing in statutes which would hold
them exempt. Mayor recommended collecting license fee. City
Administrator requested City Attorney contact PSI Engineering
and LeRoy Crandall Assoc. regarding purchase of licenses.
(c) Director of Finance, Harold L. Albert
Reported preliminary budget is being typed and will be delivered
to City Administrator for inclusion in packets.
(d) Director of Public Works, T. J. Meadows
(1) Two industrial buildings under construction. Requested set-
ting of connection fees. Using formula, recommended the
G -ay --400
following charges:
1 building 1,440 sq feet -- $1,750
1 building 2,400 sq feet -- $2,800
for a total of $4,550
Mayor Chermak moved that the recommendation of the Director
of Public Works be upheld. Seconded by Councilman Bathgate
and carried unanimously.
(2) County Road Department annual traffic striping program now
in progress. ^
(3) Read letter received from State Division of Highways Dist.
Engineer regarding program "Scenic Corridors Along These
Highways". Council concurred that it would be appropriate
to have Mr. Meadows arrange a meeting with a representative
to present the program.
(4) Weed Abatement Program 90% completed.
(5) Contacted County regarding possible rental or leasing of
Waterworks $3 equipment. Quoted tentative figures. Mayor
Chermak suggested the matter be pursued further.
(e) City Engineer, Jack Y. Kubota
(1) Working with Mission Hills Ranch (Tract 6427) to get finali-
zation of improvements.
(2) Working with Mr. Koll in finalizing Tracts 5974 and 5733.
Question as to completion of improvements for Lot 60.
(3) Re Stroschein project, completed basic street lighting design.
Conduit put in at intersection for future signalization.
Asked Council permission to utilize another SDG&E trench for
conduit extending easterly. Mayor Chermak, in concurrence
with Council, so authorized.
(4) Paving operations about to start on DOL 67-103 (Keystone).
(5) Regarding school sidewalk project, asked if City would con-
sider 50/50 participating if County goes along.
(6) Request from Orange County Arterial Financing Program for
resolution from City regarding any changes in Master Plan.
Councilman Bathgate offered Resolution No. 68-6-24-2 inform-
ing the Advisory Committee of changes in the Arterial Master
Plan within the City. Passed, approved and adopted by
unanimous vote.
(7) Reported that Mr. Chade would consider granting to the City
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