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67-0911_CC_Minutes_Regular Meeting321 TREASURER'S REPORT Statement of Cash Receipts and Disbursements for month ending August 31, 1967 was submitted by City Treasurer, Alice M. Ross. Councilman Bathgate moved, seconded by Councilman Buchheim, that the Treasurer's Report be received and filed for audit. So ordered. PLANNING COMMISSION MATTERS A copy of the minutes of the regular meeting of the Planning Commission held September 5, 1967, was received and filed. UNFINISHED BUSINESS (a) Resolution for the establishment of a Special Maintenance District for Tract No. 5947, setting forth the date for public hearing and estimates of costs through assessment spread, was read in full by City Attorney, John H. Dawson. Councilman Bathgate offered the resolution for adoption, with the setting of Monday, October 9, 1967, at 6:00 PM as the public hearing date. The resolu- tion was accepted, adopted and passed by unanimous vote of the City Council. ! ;> a,(b) A resolution for inaugurating a Civil Defense Disaster Plan was submitted by the City Administrator. This resolution was an endorsement of recognizing Orange County as an organizational and operational area as a unit in the State Civil Defense and Disaster Plan. Councilman Durnford offered the resolution for adoption. The resolution was passed, accepted and adopted by unanimous vote. RECOMMENDATIONS AND REPORTS (a) City Administrator, Ernest A. Thompson, At a previous meeting, the City Council had been approached regarding member- ship appointment by Governor to the Regional Water Quality Control Board No. 9. It was related that the City of San Clemente and City of Laguna Beach had Supposedly endorsed Councilman Don Durnford by resolution during their respect- ive Council meetings held Wednesday, September 6, 1967. No certification of this has been received to date. However, through discussion, it was felt that a letter of endorsement was more appropriate than a resolution because it would allow an expanded list of statements of qualifications to be related to the recommended appointee. Councilman Buchheim made the motion, duly seconded by Councilman Bathgate, that such a letter be drafted in proper form endors- ing Don Durnford for membership to the Regional Water Quality Control Board No. 9. Motion carried, with Councilman Durnford abstaining from voting. (b) City Attorney, John H. Dawson Documents executed by (1) The Church of Latter-day Saints and (2) Okuma, et al, were presented with recommendation for approval and acceptance. Motion by q-11-47 322 (c) Councilman Durnford, seconded by Councilman Bathgate, approved the accept- ance, as recommended. Motion carried and was so ordered. Director of Public Works, T. J. Meadows (1) Mr. Meadows read a letter sent "Certified Mail" by Mr. Howard Greenlee, original of which was to his attorney, Mr. Frank Domenichini, relating his denial of the request for consideration for encroachment upon his private property for the more practical pursuit of installation of residential sewer connection for Mr. Allison Shrewsbury. Mr. John Dawson, City Attorney, entered some remarks of rebuttal and scope for settlement of the current litigation issue. Discussion followed, with Mr. Greenlee, who was present in the audience, expanding upon the atmosphere and desire for resolving the matter. Councilman Buchheim, seconded by Councilman Durnford, made a motion that the matter be re- ferred to Staff for review and report at the next regular meeting, particularly with regard to any monies being expended to conclude the impending litigation. Motion carried and so ordered. (2) Mr. Meadows, yielded to Mr. Richard Bentwood for a progress report re- garding construction of improvements for 1911 Act Assessment District No. 66-1. The report reflected work activity as follows: a. Junipero Serra - full length and extending 300' Northerly onto Rancho Viejo Road. b. Alipaz Street - From Del Obispo Northerly and approaching cross- ing of Trabuco Creek Channel. C. Recognized time schedule requiring Trabuco Creek crossing to be accomplished prior to October 15, and that water lines had created additional restrictions and adversities not anticipated by contractor. d. Contractor projected offer of $1.00 per running foot of pavement disturbed on that section of Alipaz Street from Del Obispo Street Southerly to Camino del Avion. (This item was directed by the City Council to be subjected to review by the City Engineer). (d) City Engineer, Jack Y. Kubota (1) Related items in process and status of progress thus: a. Final Tract Map for Tract No. 6244 submitted for checking. b. Tract No. 6427 (Mission Hills Ranch) grading operations underway. C. Del Obispo Jr. High School site progressing fairly satisfactory. d. Camino Capistrano (Sutro Co.) street improvements being installed very actively. 9-//-67 320, (e) Councilman Bathgate Related an adverse situation with regard to construction work on San Diego freeway and contractor's workmen parking automobiles and vehicles on Camino Capistrano creating a traffic flow restriction determined to be hazardous. T. J. Meadows to follow up and resolve the matter. (f) Councilman Olivares Reiterated the complaint of the principle property owner and heirs of the Errecarte property in regard to inferred damages and requested payment of damages as a result of right of way negotiations and construction pursuits, etc. Discussion opinions related that the matter is in effect "after the fact" and little or nothing may be done to comply with those requests pro- jected to the City and its City Council. (g) Mayor Chermak (1) Proclaimed September 11-17 as "Constitution Week". (2) Related an item of television presentation and programming on September 3 __ "Hometown Happenings" -- commenting on pigeon population ---- further sating the residency of pigeons at "that monastery near San Clemente". ADJOURNMENT There being no further business to be brought before the City Council, the meeting adjourned at 7:21 PM. z Erest A. Thompson Ci y Clerk -Administrator These are the official proceedings of the City Council of San Juan Capistrano at their regular meeting of September 11, 1967. 9 -ii -67