68-0910_CC_Minutes_Regular Meeting495
Minutes of the Meeting of the City Council of San Juan Capistrano
SEPTEMBER 10, 1968
The regular meeting of the City Council was called to order at
7:00 PM by Mayor Edward S. Chermak.
The pledge of allegiance was recited. Invocation was given by
City Attorney, John H. Dawson.
Acting City Clerk, Harold L. Albert, called the roll. Councilman
present: William A. Bathgate, Don Durnford, Thomas A. (Tony) Forster,
Antonio M. (Tony) Olivares and Edward S. Chermak.
Approval of Minutes, Adjourned regular meeting of August 27, 1968
and Special Meeting of August 29, 1968:
(a) City Engineer, Jack Y. Kubota, requested that Item (b)(2)
under Recommendations and Reports, be authorized by resolu-
tion. Mayor Chermak offered Resolution No. 68-9-10-2,
authorizing City Engineer to submit application, on behalf
of the City, to the Public Utilities Commission for refund
on railway crossing at Avenida Aeropuerto. Resolution passed,
approved and adopted by unanimous vote.
(b) Councilman Bathgate questioned Minutes of.Special Meeting,
stating purpose of meeting should be reflected in Minutes.
City Attorney suggested addendum to Minutes read, "This
meeting was called for the purpose of establishing the tax
rate for fiscal year 1968-69 by the Board of Directors of
Capistrano Beach Maintenance District No. 111. Councilman
Durnford so moved and motion carried unanimously.
At this time Mr. Albert stated he had received call from County
Auditor's office regarding an error in their figures. Councilman Forste7
therefore offered Resolution No. 68-9-10-1 amending Resolution No.
68-8-29-1, nunc pro tunc, establishing the tax rate for F/Y 1968-69 at
$0.6776 assessed valuation. Passed, approved and adopted by unanimois
vote.
WRITTEN COMMUNICATIONS
(a) Letter received from Mrs. Flora M. Windolph requesting waiver of
certain conditions submitted by Planning Commission for LUP 68-107.
Mayor Chermak requested that the matter be deferred to the next
regular meeting pending staff report and recommendations.
(b) Notices from County of Orange, Local Agency Formation Commission,
regarding the following: (1) Proposed Detachment #2 (Tract 3958)
61--149-68
Z_ 9 6
from Capistrano Beach County Water District; (2) Proposed de -
annexation #1 from Laguna Niguel County Service Area No. 3;
(3) Proposed Orange County Reorganization No. 8; (4) Proposed
Annexation Nos. 68-1 and 68-3 to Dana Point Sanitary District.
Received and filed.
(c) Notice from Orange County Department of Real Property Services,
regarding surplus property (Parcel Nos. 103.2, 103.5 and 103.6).
After considerable discussion, Councilman Bathgate, seconded by
Councilman Durnford, moved that Director of Public Works be
authorized to respond to Real Property Services, stating City's
interest, requesting all pertinent information concerning these
three properties, and offering $1.00 for Parcel 103.5. Carried
unanimously.
(d) Correspondence received from Atlantic -Richfield Company re-
garding LUP 67-102, Condition #3. Mr. P. D. Lippert, represent-
ing Atlantic -Richfield, appeared before Council. He gave brief
history on leasing of the property. Discussion followed.
Councilman Bathgate then moved that Atlantic -Richfield be given
a 45 -day (final) extension on use and occupancy and that the
City notify the other two parties involved that definitive action
must be taken to satisfy the condition as set forth. Motion
seconded by Councilman Forster and carried unanimously.
(e) Request from Orange County Heart Association for permission to
solicit for funds February 1 - March 2, 1968. Councilman Durnford
moved that permission be granted. Motion seconded by Councilman
Bathgate and carried unanimously.
PUBLIC HEARING
RZ 68-103 (McCracken) - Proposing rezone from U-1 "Unclassified"
District to E-2 "Medium Estates" District
Mayor Chermak, stating this was the day and hour set for the
hearing on RZ 68-103, declared the Public Hearing opened. As no one
appeared to speak in favor of nor to oppose the rezone, Mayor Chermak
declared Public Hearing closed. Councilman Bathgate moved that the
City Attorney be instructed to prepare the proper ordinance for the
rezoning of 68-103. Motion seconded by Councilman Forster and car-
ried unanimously. First reading by City Attorney at next regular
meeting.
9-10-6 1?
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UNFINISHED BUSINESS
(a) Regarding proposed ordinances updating various Codes, City
Attorney wished to further review with County offices and sug-
gested that the City adopt County Codes by reference. Will make
recommendation after contact with the County.
(b) Lengthy discussion took place regarding Proposition 9, the
"Watson Initiative". Item tabled for the next regular meeting.
(c) Request from Leukemia Society for residential campaign, October -
December 1968. Acting City Clerk stated they now request to
solicit from mid-November to mid-December only. Mayor Chermak
directed staff to request their financial statement before render-
ing decision.
(d) Proposed Agreement for use by Santa Margarita Water District of
capacity owned by Waterworks District #4 and request for an
expression by Council regarding engineering and legal require-
ments. Council concurred that Paragraph 2, Page 1 be changed
to read: "All new facilities or modification of existing facili-
ties made necessary by the lease, including valves, meters and
flow -controllers shall be constructed, owned and operated by
District #4 and paid for by Santa Margarita". Councilman
Bathgate to so state in correspondence.
NEW BUSINESS
Mr. Robert Patrick presented a proposal for a possible future
Civic Center to be located on the Treff property, and showed rendering.
In reviewing the lease on City Hall, he found it was for a three-year
period effective July 1, 1965 -July 1, 1968, with provision for option
renewal, and stated he was open to suggestions from Council. After
further discussion, Mayor Chermak asked that staff review lease on
present facility.
RECOMMENDATIONS AND REPORTS
(a) Director of Finance, Harold L. Albert
Equipment operator at old sewer site asking for payment in the
amount of $1,897 for 18 -day operation. Director of Public Works
in agreement with charges. Mayor Chermak, seconded by Councilman
Durnford, moved that the present bill be paid. So carried. The
question then arose as to what fund the payment was to be charged
to. Councilman Durnford moved that it be paid from the Parks and
9-io 68
Recreation Fund. Motion died for lack of a second. Councilman
Forster then moved that payment be made from the General Fund.
Motion seconded by Councilman Bathgate and carried unanimously.
Mayor Chermak recommended that the project be continued. Upon
this recommendation, Councilman Bathgate moved to authorize
$1,500 for balance of the leveling and fill operation in proposed
park site. Seconded by Councilman Forster and carried unanimously.
(b) Director of Public Works, T. J. Meadows
Introduced Don Martinson and George Strudgeon of Engineering -
Science who spoke regarding tie-in to the Capistrano Sanitary
District and explained status of the design. Councilman Bath-
gate, seconded by Councilman Durnford, moved that they be given
authorization to file application for an Encroachment Permit
with the Capistrano Beach Sanitary District. Carried unanim-
ously. Councilman Durnford then moved that Engineering -Science
be employed for the purpose of engineering the connecting link
from Doheny Park Road to Serra. Seconded by Councilman Forster
and so carried.
(c) City Engineer, Jack Y. Kubota
(1) Undergrounding electrical facilities at San Juan Hills
Country Club. Five poles coming out of the sky.
(2) Tract 6454, re -subdivision of Tract 6121 (Casitas) fees
have been paid and all conditi m s have been satisfied.
Recommended that Council accept map and authorize record-
ation. Councilman Durnford, seconded by Councilman Forster,
moved that Tract Map 6454 be accepted and recorded and the
Deputy City Clerk be authorized to sign said map. Motion
carried unanimously.
(3) Reported on meeting with Engineer of the Flood Control
District regarding the San Juan Creek railroad spur pro-
ject. No new information.
(4) Has been asked by the Planning Commission to convey their
concern regarding the request for drilling of an oil well.
They are to prepare a report for the public hearing. The
Commission is also of the opinion this should be carried
out under the conditions of a Land Use Permit.
(d) Mayor Chermak
Staff to make recommendation at the next regular meeting upon
the request from Mission Viejo Company regarding the possibility
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9
of an agreement with Santa Margarita Water District to provide
interim sewer services.
ADJOURNMENT
The meeting adjourned at 10:22 PM.
Lee a avant!
Deputy City Clerk
These are the official proceedings of the City Council of San
Juan Capistrano at their regular meeting of September 10, 1968.