67-0814_CC_Minutes_Regular Meeting304
Minutes of the Meeting of the City Council of San Juan Capistrano
AUGUST 14, 1967
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 Ernest A.
Thompson, City Administrator.
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 August 7, 1967 were approved as presented.
WRITTEN COMMUNICATIONS
(a) Request from Howard Hill Contractors requesting permission to close Camino
Del Avion to public use while rebuilding new street at school site. City
Engineer suggested that the closure be confined for the operation of making
sub -grade and during paving operations for a certain number of days. Council-
man Durnford, seconded by Councilman Buchheim, moved that engineering staff
correlate the closing of Camino Del Avion during time period per the con-
tractor's request. Motion carried unanimously.
(b) Brochures and financial statements received from National Cystic Fibrosis
Research Foundation and National Multiple Sclerosis Society as previously
requested by Council. Councilman Buchheim, seconded by Councilman Durnford,
moved that permission be granted to both agencies to solicit for funds in the
City with the stipulation that staff be notified as to definite time they will
be operating in the City and that a financial report be received annually from
each. City Clerk authorized to add both names to list of accepted charitable
organizations.
(a) City Engineer reported on request from Transamerica Development Company regard-
ing exoneration of Street Improvement Bond on Tract 5947. His recommendation
was to release the existing bond but that another bond be posted for work
remaining such as sidewalks and driveways. Councilman Buchheim made the motion
that bonds on Tract 5947 be exonerated, subject to decision of staff, and that
a replacement bond be posted in the amount of $10,500 covering only those street
improvements. Motion seconded by Councilman Durnford and carried unanimously.
(b) City Clerk rendered in full second reading of proposed ordinance relating to
overtime parking and amending Ordinance No. 84. Councilman Bathgate offered
Ordinance No. 129 for adoption. Passed, approved and adopted by unanimous vote.
(c) Report on anti -litter law by City Attorney. As Mr. Dawson was on vacation,
this item deferred until his return.
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NEW BUSINESS
(a) Letter of request from Capistrano Airport and Industrial Park, Ltd. for
Temporary Use and Occupancy Certificate. Proponents stated utility services
will be available by August 31, 1967 and temporary sump pump is to be used
until sewer system approved for use. Councilman Buchheim stated owners were
faced with a critical deadline. After considerable discussion, Councilman
Durnford, seconded by Councilman Buchheim, moved that their request be honored
for a period of sixty (60) days. Motion carried unanimously.
(b) Request also from Airport and Industrial Park for temporary road easement.
Councilman Bathgate offered a resolution accepting the road easement subject
to conditions as outlined by the City Engineer and checking of the documents
by legal counsel. Passed, approved and adopted by unanimous vote.
(c) Orange County Flood Control District Permit received to install and maintain
a sewer siphon for Avenida Aeropuerto. Councilman Bathgate, seconded by
Councilman Durnford, moved that the City accept the Permit and that the City
Clerk be authorized to complete execution of this document. Unanimously
carried.
ORAL COMMUNICATIONS
Mr. Charles Schlegel, representing the Stroscheins in their Division of Land
66-103, addressed Council explaining the situation as it stands to date, and refer-
enced the fact that lack of communications had brought about the apparent state of
confusion. He indicated his willingness to answer any questions put forth to him
or to Mr. Swartz, the developer employed by the proponents to master plan the pro-
posed development, who was also in attendance. He then publicly read letter from
City Attorney directed to the Mayor and City Council and presented copies of this
letter, a Joint Statement of John H. Dawson and Charles G. Schlegel, and letter
from Planning Commission dated June 14, 1966, directed to Orange County Land Use
Division stating conditions of approval on DL 66-103, to Council and City Adminis-
trator for their perusal at this time. After reading of the correspondence and
lengthy debate, Council concurred that the matter should proceed under normal pro-
cedure. Councilman Buchheim then moved that the City Administrator, City Engineer
and City Attorney be instructed to meet with all parties involved to resolve in a
normal manner. Motion seconded by Councilman Durnford and carried unanimously.
RECOMMENDATIONS AND REPORTS
(a) City Administrator,Ernest A. Thompson
(1) Has been in contact with the Mission regarding request of conveyance
for sidewalk and curb on Ortega Highway and Camino Capistrano. They
wish to retain an 8 foot sidewalk around the corner of the building.
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(2) Received notice from PUC regarding investigation of priority list
for railroad crossings in 1968.
(b) Director of Public Works, T. J. Meadows
(1) Mr. Meadows gave the floor to Dick Bentwood of Engineering -Science,
who stated that condemnation papers have been received by property
holders. He then reported on the following easement agreements for
Council approval:
Baptist Church - Free grant to the District of 15 foot easement.
It may be necessary to secure a temporary construction easement
of 20 feet in the area of existing crops that may be damaged in
addition to the permanent easement.
Mr. Cook - No cost to the District for temporary construction ease-
ment 20 feet wide, with the exception of relocation of three olive
trees.
Bill Reid - Agreed to $20.00 per tree for damages.
Catholic Church Lease to Paul Haven - Agreement to pay $500.00 for
total damage to crops in 20 foot easement.
Baptist Church - Agreement for free easement of additional 20 feet.
Agreement, subject to approval of D74D Produce Company, for $2,300 cash
for easement over Gannon and Chade properties.
In summary, these agreements total out as follows:
Catholic Church $ 500.00
Gannon-Chade, DWD Produce Lease 2,300.00
Acreage basis 2,000.00 per acre for total easements
Crop basis Approximately 6¢ per square foot
Stating that these agreements seemed fair and just and that sufficient
funds were available, he recommended approval by Council. Councilman
Durnford moved that the City accept the agreements as presented by
Engineering -Science. Motion seconded by Councilman Bathgate and carried
unanimously.
(2) Mr. Meadows reported on progress of Assessment District 66-1. Necessary
bonds have been posted. Contract to be signed pending receipt of check
for incidental fees (which was sent in error to contractor rather than
City).
(c) City Engineer, Jack Y. Kubota
(1) Pavement design fixed on Del Obispo school site. 19 inch pavement
sections.
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(2) Improvement on Del Obispo and Camino Capistrano going very well.
(3) Street sections in Darmi Tract ready for sub -grading.
(4) Airport being sub -graded.
(5) Improvement plans being received for Mission Hills Ranch, Tract 6427.
(6) Has written Flood Control Engineer regarding their construction schedule
in City streets.
(7) Plans for railroad crossing now in hands of Santa Fe Engineers.
(8) Re Stroschein development, has had meetings with Mr. Swartz, developer,
regarding new driveway.
(9) Has also noted Santa Fe laying smoke screen while rounding bend at
Capistrano Beach.
(d) Councilman Buchheim
Pipeline leaks on Del Obispo creating mud hole and should be repaired.
Director of Public Works to contact property owners.
(e) Councilman Olivares
Local property owner, not yet reimbursed for tree damage incurred during con-
struction in AD 64-1, asked why his sewer connection fee could not be taken
out of what City owes him. He is to tell property owner to contact City
Administrator at City Hall.
(f) Mayor Chermak
Rash of loose dogs in the area and owners should be reminded that there is a
leash law in effect. City Administrator stated five dogs picked up this date.
ADJOURNMENT
The meeting was adjourned at 8:30 PM to an adjourned regular meeting Monday,
August 21, 1967 at 4:30 PM.
J/z'
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E est A. Thompson
City Clerk -Administrator
These are the official proceedings of the City Council of San Juan Capistrano at
their regular meeting of August 14, 1967.
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