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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.