67-0828_CC_Minutes_Regular MeetingMinutes of the Meeting of the City Council of San Juan Capistrano
AUGUST 28, 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
City Attorney.
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Invocation was given by John H. Dawson,
The Acting 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 adjourned regular meeting of August 21, 1967 were approved
as presented.
WRITTEN COMMUNICATIONS
Request from Boy's Camping Club of America for a fee exempt permit to solicit
within the corporate limits of the City was denied upon motion by Councilman Bath-
gate, seconded by Don Durnford. Motion carried unanimously.
ORAL COMMUNICATIONS
City Attorney, John H. Dawson, requested Council to consider Item #7 under
Unfinished Business pertaining to the Stroschein DL 66-103.
Mr. Charles Schlegel, representing his clients Dr. & Mrs. Herbert Stroschein,
was then permitted to appear before Council.
Mr. Schlegel then reported on his meeting with City Attorney, John H. Dawson,
and City Engineer, Jack Y. Kubota, in trying to resolve problem of Division of Land.
They offered the following three alternatives in the construction of Del Obispo
Street beginning at Ortega Highway to Camino Capistrano:
(1) Street would be put in in its entirety commencing at Ortega Highway to
terminal point of restaurant development on Del Obispo immediately.
(2) 60% of the remaining portion from the terminal point of restaurant
development on Del Obispo to Camino Capistrano to be installed within
two year period and the remaining 40% within ten years, or immediately
upon development of remaining properties.
(3) Install entire project including street, sewers, street lighting and
underground utilities under a 1911 Act proceeding.
Lengthy discussions followed thereafter. Councilman Buchheim asked the City
Engineer if he could give a recommendation at this time as a member of the committee
of three appointed to report to Council. Mr. Kubota advised Council that due to
vacation schedules, he was the only member of the committee who had attended any of
the meetings and would rather discuss the problem with the other members of the com-
mittee and would then submit a written recommendation. Mr. Kubota also advised Council
that unless they relieved him of the responsibility of the subject Parcel Map proceed -
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ings, he would not sign and release said Parcel Map until a Cash Bond assurance was
deposited with the City that the proposed street would be constructed and that the
determination of the amount of Bond would have to come from his office, unless other-
wise directed by the City Council. City Attorney, John H. Dawson, then stated that
a statement of assurances, such as the one signed by Dr. & Mrs. Herbert Stroschein,
did constitute a guarantee. Mr. Dawson was referring to the ten year time period and
a cost stipulation not to exceed $40,000.00 which had been recorded by the City Admin-
istrator of which Council was not aware of. At this point, members of the Council
again reflected of no knowledge of such a statement of assurances until several weeks
ago
Councilman Durnford commented on the need for an estimated cost of improve-
ments prepared by the City Engineer's office. Councilman Buchheim suggested that
the 60% of construction be done under the assurance as now of record and a surety
bond be posted to guarantee completion for the remainder within two years.
Upon completion of deliberation, Councilman Durnford moved that Council defer
any final action pending a written report from the designated committee of the staff
which is to include a definite recommendation for Council action. Motion was seconded
by Councilman Buchheim and carried unanimously.
TREASURY DEMANDS
The list of accounts payable as of August 31, 1967, was presented by Director
of Finance. Mr. Albert requested that Warrant No. 2708 payable to the Sheriff of
San Mateo County in the amount of $10.00 be voided. Councilman Bathgate moved that
Warrant Nos. 2691 through 2756 (except Warrant No. 2708), in the total amount of
$25,361.69 be approved for payment. Motion seconded by Councilman Durnford and
carried unanimously.
UNFINISHED BUSINESS
(a) After discussion upon request from A.I-D, Orange County Division, for a tax-
exempt permit to operate in the City, Councilman Buchheim moved that this
request be tabled. Motion seconded by Councilman Bathgate and carried
unanimously.
(b) Letter of request from H. G. Osborne, Chief Engineer, Orange County Flood
Control District, requesting the City to choose or support a city official
or employee to be considered for an appointment by the Governor as a member
of Regional Water Quality Control Board No. 9, was discussed at length.
Mayor Chermak recommended Mayor Howard Massie of San Clemente, Councilman
Olivares recommended Director of Public Works, T. J. Meadows. No further
action taken.
(c) Request of Transamerica Development Company for the necessary action to
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formulate the establishment of the Special Maintenance District within Tract
No. 5947 was deferred until the next regular meeting to allow the City Attorney
to draw precise resolution.
(d) City Attorney rendered in full first reading of proposed Ordinance No. 130,
relating to Anti -litter and amending Ordinance No. 62, Section 3.
(e) A memorandum was presented by Director of Finance, Harold L. Albert, the text
as follows:
"Under the terms of the Joint Powers Agreement with the Capistrano Beach Sani-
tary District dated November 27, 1963, which provides payment of the base
assessment rate imposed by the Capistrano Beach Sanitary District plus 15% for
compensation for services rendered. The base tax rate imposed by Capistrano
Beach Sanitary District for fiscal year 1967-68 is $0.6110, or a reduction in
the rate from fiscal year 1966-67 of $0.0453.
Therefore, as provided by the "Joint Powers Agreement", it is suggested that
the Capistrano Beach Maintenance District #1 tax rate for Fiscal Year 1967-68
be imposed at $0.703 ($0.6110 x 15%) per $100.00 assessed valuation."
Councilman Durnford offered Resolution No. 67-8-28-1, imposing the tax rate at
$0.703 per $100.00 assessed valuation on Capistrano Beach Maintenance District
#1 for Fiscal Year 1967_68. The resolution was passed, approved and adopted
by unanimous vote.
RECOMMENDATIONS AND REPORTS
(a) Director of Civil Defense, Raymond C. Miller
Gave report on meeting with Mr. Walkup, Civil Defense Coordinator for County
of Orange, attended by Mr. Miller and City Administrator, Ernest A. Thompson.
Report stressed the need of a Disaster Plan to take care of any emergency
within the City. He recommended that a resolution be adopted by the City
authorizing the Civil Defense of County of Orange to handle any such emergen-
cies. City Administrator to report on contents of this proposed resolution
at the next regular meeting.
(b) City Attorney, John H. Dawson
Has obtained immediate possession on all parcels concerned in Assessment
District 66-1.
(c) Director of Finance, Harold L. Albert
Right of Entry License and Cost Agreement covering construction of Avenida
Aeropuerto across Santa Fe's main track to provide access to the San Juan
Capistrano Airport have been returned properly signed by AT&SF.
(d) Director of Public Works, T. J. Meadows
Mr. Meadows gave the floor to Dick Bentwood of Engineering -Science, Inc. Mr.
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Bentwood reported that construction of sanitary sewers in Assessment District
66-1 had commenced on August 14, 1967, with approximately 1,100 feet of 12"
pipe having been placed to date.
Mr. Bentwood recommended Council approval of his offer to Mr. Hiro Okuma for
a temporary easement covering 13,000 square feet at $0.06 per square foot, or
$780.00 over the Honsberger property within Assessment District 66-1 boundaries.
Councilman Bathgate moved that the offer recommended by Mr. Bentwood be approved.
Motion seconded by Councilman Durnford and carried unanimously.
(e) City Engineer, Jack Y. Kubota
(1)
(2)
(3)
(4)
ADJOURNMENT
Reported on receipt of letter from County of Orange indicating they have
discontinued collecting the $0.04 Lineal Foot Excavation Fee for the
City. Advised Council he would pursue matter and make certain that
excavation fees are to be collected by County.
Re Gas Tax Program - Collier -Unruh Act. Reported that probably by
October it will not be necessary to correlate select street construction
with the State of California, Division of Highways, and that the cities
will be only subjected to annual audit of gas tax expenditures.
Railroad Crossing plans are approved and out for construction bids.
Improvements on Del Obispo at school site going very well.
The meeting was adjourned at 7:45 PM.
Harold L. Albert
Acting City Clerk
These are the official proceedings of the City Council of San Juan Capistrano at
their regular meeting of August 28, 1967.
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