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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. 7- 68 le (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 7-/3--/09 477 (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. 7-/. --ca (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 -7-15-62 — .=M—. 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 7 .1-1=18 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. 7 -1X: -&S