67-0605_CC_Minutes_Regular Meeting75
Minutes of the Meeting of the City Council of San Juan Capistrano
JUNE 5, 1967
The regular meeting of the City Council was called to order at 6:02 PM by
Mayor Edward S. Chermak.
The pledge of allegiance was recited. Invication was given by City Attorney,
John H. Dawson.
The City Clerk called the roll. Councilmen present: William A. Bathgate,
Carl E. Buchheim, Don Durnford, Antonio M. (Tony) Olivares and Edward S. Chermak.
The minutes of the regular meeting of May 22, 1967, as revised, were accepted
by Council. The minutes of the regular meeting of May 29, 1967, were approved as
presented.
NEW BUSINESS
(a) Cost Agreement, Right of Entry License and Estimated Cost Breakdown, AT&SF
Railroad regarding Avenida Aeropuerto grade crossing. City Attorney read
Agreement in full and stated approval by Counsel and Engineer of the Santa
Fe. He also finds it in proper order. After discussion with City Engineer,
Councilman Bathgate moved that the Mayor and City Clerk be authorized to
execute the Agreement and License. Motion seconded by Councilman Durnford
and carried unanimously.
(b) Letter from AT&SF inferring liability and reimbursement in connection with
accident involving County of Orange vehicle and personnel. City Attorney
stated he believes liability would fall upon the County of Orange and will
inform Santa Fe of the situation. Mayor Chermak so instructed Counselor.
Councilman Bathgate made the statement that the crossing should be barricaded
for safety's sake.
(c) City/County Service Contracts for Fiscal Year 1967-68. City Attorney recom-
mended that when request is sent to the County they be asked to devise three
separate contracts under the Road Department. Councilman Bathgate moved that
the County be requested to draft contracts as outlined by the City Clerk and
City Attorney with the specific request for three separate items under the
Road Department. Councilman Buchheim seconded the motion and it carried
unanimously.
(d) Proposed Ordinance for the General Plan of Parks and Recreational Element. City
Administrator stated that due to Legislative Bulletin received from League of
California Cities stating SB 876 had been approved by the Senate, it might be
wise to defer action on reading of the Ordinance. Mayor Chermak deferred the
matter until such time as State Legislation is determined. Councilman Durnford
stated City should go on record as opposing Senate Bill 876.
(e) Acceptance of Conveyance of Easement for Sewers (Sutro Company). City
Engineer has received copy of title policy showing Deeds of Record. If
appropriate, will quit claim portion of a deed. City Administrator suggested
the City accept easement conveyance as a matter of formality. City Engineer
and City Attorney to draft appropriate document for Quit Claim. Councilman
Bathgate then offered Resolution No. 67-6-5-1, a resolution of acceptance
of conveyance of easement. Resolution passed, approved and adopted by
unanimous vote.
(f) Quit Claim Deed by the City of San Juan Capistrano regarding Sutro property.
Councilman Durnford offered Resolution No. 67-6-5-2 to quit claim easement.
Resolution passed, approved and adopted by unanimous vote.
WRITTEN COMMUNICATIONS
(a) Notice of Executive Meeting for June, Orange County League of Cities - Info
(b) Mr. E. J. Kazmierczak, of Engineering -Science, Inc., clarified subject of
report on effluent pump station. He gave brief history of the district. He
then recommended that the City take a hard look at anchoring outfall line.
Mayor Chermak, with Council approval, directed the City Clerk to contact Dana
Point Sewer District asking them to join the City in determining what course
to follow regarding outfall breaks, repairs and expenditures.
ORAL COMMUNICATIONS
Mr. Kazmierczak reported on Assessment District 66-1, stating plans have been
revised and specifications will be ready June 8. They hope to put in Notice Invit-
ing Bids by June 9.
NEW BUSINESS
(a) Mr. Stone, Manager of CATV Division, and Mr. Schiller, Director of Engineering,
Storer Cable TV, Inc., appeared before Council requesting transfer of American
Cablevision CATV Franchise in the City. Mayor Chermak stated Council would
like time to review documents and so continued matter to the next regular
meeting.
(b) Orange County Flood Control District request for Council approval and execu-
tion of Proposed Permit for installation of sewer line crossing district's
right of way for Trabuco Creek Channel in Assessment District 66-1. Council-
man Buchheim, seconded by Councilman Durnford, moved that the City accept and
execute this Permit. Motion carried unanimously.
(c) City Administrator gave brief outline of petition presented by Transamerica
Development Company (Tract 5947) requesting formation of a Parks and Main-
tenance District within the development. City Attorney would like opportunity
to review the matter. Continued until the next regular meeting.
6-S-47
2'71
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
(1) Has received certification from US Census Bureau. Population now
numbers 2,551.
(2) Has received revised cost estimate to proposed Assessment District 66-1.
Will be publicizing and advertising for bids June 14th.
(b) City Attorney, John H. Dawson
Has had a request for and is preparing Admissions regarding Capistrano Shores
Annexation litigation under Quo Warranto proceeding.
(c) Director of Finance, Harold L. Albert
Regarding increase of additional 323 persons in census county, City will pick
up approximately $4,300 for next fiscal period.
(d) City Engineer, Jack Y. Kubota
(1) Plan Check on Tract 6402 (Industrial development) moving along. Tract
Map and Improvement Plans in office of Engineer.
(2) Went over with Director of Public Works matter of sidewalk area between
La Zanja Street and Calle Lorenzo along easterly side of Camino Capis-
trano. Transamerica has offered help and equipment, gravel, and offer
of carpenters for bridge and would allow City to go on slope around
pump house. Estimate $560 to $700 in equipment rental to get the job
going. After considerable discussion, Mayor Chermak directed City
Engineer and Director of Public Works to pursue the matter.
(3) Report from State Division of Highways. Griffith and Company to con-
struct 16.4 miles of Interstate 5.
(4) Re: Freeway Program. Received call from State Division of Highways
regarding excess parcels for park purposes. Their asking price: One-
quarter of a million dollars.
(5) Reported on Tract 6225 (Kolbet). Tract Map now recorded. Expects con-
struction to commence soon.
(6)
Tract 6244
(Darmi)
well
under way.
(7)
Del Obispo
School
Site.
Low bidder being awarded contract this date.
Expects work to start in a few weeks.
(8) Re: Alipaz Street. Informed County regarding Council decision at last
meeting. They were asked to accept withdrawal without prejudice.
(9) Re: Gas Tax Program. Regarding utilizing money that must be spent
before June 30, there is no way to accomplish work at corner of Camino
Capistrano and Ortega Highway before this deadline. Would like to ask
State to hold over $2,2248.86 fund we would lose if not spent before
(e)
(f)
(g)
(h)
June 30. Councilman Buchheim offered Resolution No, 67-6-5-3, to petition
State to reserve money through Fiscal Year 1967-68. Resolution passed,
approved and adopted by unanimous vote.
(10) Re: League of California Cities Bulletin regarding new Bill in Legis-
lation to amend Gas Tax Program, requested authorization to write letter
to members of legislation urging support of AB 2454. Councilman Durnford,
seconded by Councilman Bathgate, moved to grant this request. Motion
carried unanimously.
Director of Public Works, T. J. Meadows
In Mr. Meadow's absence, City Administrator reported on Weed Abatement
Program stating program well under way
being accomplished.
Councilman Bathgate
Discing completed and hand work
Automobile parked on Camino Capistrano for over a week not in safe position.
City Administrator stated Sheriff had been notified.
Councilman Buchheim
Has had several inquiries regarding Art Exhibits in E1 Adobe Plaza. After
discussion, City Administrator to follow through as a matter of public
service.
Councilman Durnford
Spoke regarding three trash receptacles donated by Girl Scouts. Director
of Public Works directed to place receptacles in front of Coastline Dispatch,
Nic Nac Shop and Mission Wax Museum.
ADJOURNMENT
There being no further business, the meeting adjourned at 8:34
City Cler
for
These are the official proceedipgs of the City Council of San Juan Capistrano at
their regular meeting of June 5, 1967.