68-0715_CC_Minutes_Regular Meeting4`7C;
Minutes of the Meeting of the City Council of San Juan Capistrano
JULY 15, 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, Thomas A. (Tony) Forster and Edward S. Chermak.
Absent: Antonio M. (Tony) Olivares.
The minutes of the regular meeting of July 8, 1968 were approved
as corrected.
WRITTEN COMMUNICATION
(a) Notice from the Western Greyhound Lines, Div. of Greyhound Lines,
Inc., 371 Market Street, San Francisco, Calif. Notice giving
advice that application filed July 1, 1968 with the California
PUC, the Greyhound Lines, Inc., Western Greyhound Lines Div., has
requested approval for a proposed increase in its passenger bus
fares and package express charges by 4%. Notice to further be
advised of the date for the hearing for that Commission to be
forthcoming.
(b) Letter was read by Mayor Chermak from the City of Commerce regard-
ing a request for opposing the legislation before the Legislature
regarding reapportionment of Cigarette Tax - Informational
(c) Letter received from the Orange County Safety Council requesting
consideration for participating in membership thereto - Inform-
ational. The Mayor advised that it would be left in the City
Clerk's office for review of the Councilmen to make further deter-
mination if they see fit. This matter was carried forward until
the next regular meeting for determination.
Councilman Antonio M. (Tony) Olivares arrives at 6:06 PM.
(d) Letter from Rutan and Tucker, Attorneys at Law, submitted by Fritz
Stradling for legal fees for the drafting and re -drafting of that
proposed Agreement among the three agencies, namely Dana Point
Sanitary District, Capistrano Beach Sanitary District and San
Juan Capistrano. The statement of charges was in the amount of
$600.00. Councilman Don Durnford moved, duly seconded by Council-
man Forster, that the bill be paid. The motion was approved by
unanimous vote.
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(e) Pamphlet from the California Taxpayer's Association regarding
the proposed Watson Amendment which will be on the ballot during
the General Election in November for Constitutional Amendment for
the State of California - Informational
(f) Letter was read from tourists who had previously visited the City
of San Juan Capistrano relating their criticisms of the atmos-
phere at various times of visitation, yet on their latest visit
noted an improvement in the atmosphere surrounding the Mission
and the intersection of Ortega Highway and Camino Capistrano
with its subdued music and remodeled architectural design of
structures adjacent thereto. The Mayor instructed the City
Administrator to acknowledge receipt of the letter and relate
the legislation which provides for regulation, which is hoped
to maintain this atmosphere.
(g) Letter from Kolco Construction Company regarding the "in lieu
fees or land dedication" with regard to the Parks and Recreational
Element of the City of San Juan Capistrano. This matter was de-
ferred until the next regular meeting.
(h) Letter received from the Capistrano Airport and Industrial Park,
Ltd., regarding the consideration for the property to be rezoned
and/or considered in a statement to be submitted to the Orange
County Tax Assessor, Mr. Andrew Hinshaw, relating that the air-
port is now, and has always been, a facility promoting recreation
and sports flying activity. Councilman Durnford moved that the
City Planner review to the extent that a Land Use Permit might
be processed to validate the recreational and sports flying acti-
vity as it now exists, but also include the permission to provide ^
facilities for a "Metro -Port"; this study and review to be under
Ordinance No. 115, Section 5.01.5. The motion was seconded by
Councilman Bathgate and carried by a majority vote of 4 to 1,
Councilman Forster declining. Councilman Forster then moved that
the City Council recognize the existence of the facility and re-
late to the County Assessor that this activity is presently being
pursued and has been pursued to the City Council's knowledge
from the time of incorporation of the City of San Juan Capistrano.
Motion seconded by Don Durnford and so ordered.
UNFINISHED BUSINESS
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(a) Second reading of Ordinance No. 136. The City Attorney read the
ordinance by title only, to wit: "Ordinance No. 136. An Ordin-
ance of the City Council of the City of San Juan Capistrano,
requiring permits for the excavation, filling and obstruction
of public highways, prescribing the procedure for the application
and the issuance of permits, imposing penalties for violation,
and providing for the urgency thereof." On motion of Councilman
Bathgate, duly seconded by Councilman Durnford, the second read-
ing of Ordinance No. 136 is hereby constituted. The motion was
carried by unanimous vote.
(b) Preliminary projected revenues and expenditures for F/Y 1968-69
for Budget consideration was deferred until later in the meeting.
NEW BUSINESS
(a) Proposed Ordinance No. 137. Councilman Bathgate made a motion
to have the first reading by title only. Motion seconded by
Councilman Durnford and carried by unanimous vote. City Attorney
read the title of Ordinance No. 137, "An Ordinance of the City
Council of the City of San Juan Capistrano regulating issuance
of permits £o^ the laying, construction, reconstructing and
repairing of curbs, gutters, driveways, roadway surfaces, storm
drains, culverts, public improvements and other appurtenant high-
way structures in public streets, ways or places; repealing Ordi-
nance No. 11; providing for penalties and declaring the urgency
thereof". This constituted the first reading of the proposed
ordinance.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
Reported his attendance at a one -day conference of the City Mana-
gers Division of the California League of Cities held in Burbank,
California, Friday, July 12, 1968. In that attendance it was re-
lated the commendation from the State Legislature in behalf of
the officials of local government (cities, per se) to the extent
that problems can be solved within their own ranks expeditiously
and the legislature so recognized. More specifically, this was
the action of the Cities in supporting a change in the allocation
of the Cigarette Tax and its legislative amendment to so provide.
There were only six dissenting votes in the two Houses of the
State Legislature with regard to this matter.
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(b) Director of Public Works, T. J. Meadows
(1) Application for Federal Funds under Public Law PL 660. Was
advised that the City of San Juan Capistrano had been placed
upon the "B" list, thereby not qualifying for funds this year.
(2) Weed Abatement - Announced that the Weed Abatement Program
is almost complete and there will be tabulation of cost
and charges to be submitted.
(c) City Engineer, Jack Y. Kubota
(1) Construction - Divisions of Land with regard to the prin-
cipals of Swartz and also Keystone Investment Company are
well under way.
(2) Tract 6225 (Kolbet) are now installing sewers.
(3) The Southern California Edison Company has granted ease-
ment over the portion of Outpost Road which was a contin=
gency to the dedication by the Mission Hills Ranch and their
process of the Division of Land earlier this year. Said
easement is subject to reciprocal conditions. Recommends
that the City Council accept and record said document. On
motion of Councilman Durnford, duly seconded by Councilman
Bathgate, instructed the City Attorney to.review and upon
his recommendation, accept and record such document. The
motion was passed and approved by unanimous vote.
(4) Sidewalk requested by the CUSD to be proposed along the
westerly side of Del Obispo Street southerly of Camino del
Avion was reviewed in conference with Mr. Pat Patrick of
the Orange County Highway Department.
(d) Councilman Bathgate
(1) Has been in contact with Mr. Frank Fehse of the Mission
Viejo Company with regard to the detachment of a portion of
lands within the Moulten-Niguel Water District for its
annexation to the Orange County Waterworks District #4 and
a reciprocal arrangement of a detachment of a portion of
Waterworks District #4 to be annexed to the Moulten-Niguel
Water District.
(2) Related the problem with Library facilities as they exist
within the City of San Juan Capistrano to the degree of the
schedule of operations, the compliment of research and
reference books and complaints with regard to controversial
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479
editions and periodicals. He will investigate further and
joined by the City Administrator to see if we can improve
upon the situation.
(e) Councilman Durnford
Related that he had heard that an item concerning Waterworks
District #4 was to be reviewed by the County Board of Super-
visors on Wednesday, July 17, 1968. The City Administrator is
to investigate and verify.
(f) Councilman Forster
(1) Received a letter from Capt. Mills, a resident of Casitas
Capistrano, regarding the possibility of City maintenance
of that frontage road adjacent to the local Post Office,
The City Clerk is to reply to that letter on behalf of
Councilman Forster.
(2) Reported receipt of Plat Map of that excess parcel (Parcel
101.6) declared excess by the Orange County Flood Control
District for possible sale. More specifically, this Parcel
lies southerly of the 4.92 acres owned by the City of San
Juan Capistrano (formerly the old sewer treatment plant stite)
`and lies at the -mergence of the Trabuco Creek and the San
Juan Creek.
BUDGET
/ Item No. 4 relative to the proposed 1968-69 budget was taken up
at this time. Director of Finance, Harold L. Albert, submitted a memo-
randum with regard to the increase in assessed values as related in
two newspapers over the week -end. Basic information was that the City
could expect an 8% to 10% increase in assessed values; however, the
truth of the matter was that the increase for the City of San Juan
Capistrano was 39.6%. This gives the City the advantage of additional
basis for deriving revenues from an ad valorum tax imposition upon
properties. Discussion followed to the degree of the amount of monies
derived from this increase, versus the consideration for any reduction
in taxes and that of the required monies to provide for the programming
and services proposed for Fiscal Year 1968-69. After considerable
discussion, Councilman Durnford offered a resolution to transfer from
the unappropriated reserves those monies collected as "Lot Division
Fees" to a Special Fund for "Parks and Recreational Fund". The sum
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of that money is $53,492.00. The resolution was accepted, passed
and approved by unanimous vote. Further, Councilman Durnford offered
a resolution setting the tax rate for the City of San Juan Capistrano
for the ensuing fiscal year at 90(, per $100 assessed valuation. The
resolution was passed by a majority vote of 3 to 2, Councilmen Bathgate
and Forster making the dissenting votes. Councilman Durnford also
offered a resolution setting the tax rate for the redemption of the
General Obligation Bonds at a rate of 35fi per $100 of assessed valu-
ation for the Fiscal Year 1968-69. This resolution failed by a vote
of 2 to 3. Councilman Forster then submitted a resolution setting
the tax rate for the redemption of the General Obligation Bonds at
30G per $100 assessed valuation for the Fiscal Year 1968-69, and to
utilize those sewer connection fees to supplant any deficiencies or
delinquencies should they occur. This resolution passed, approved by
a vote of 3 to 2.
ADJOURNMENT
There being no further business to be handled by the City Council
at this time, the meeting adjourned at 8:23 PM.
stA. Thompson
City Clerk -Administrator
These are the official proceedings of the City Council of San Juan
Capistrano at their regular meeting of July 15, 1968.
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