68-0205_CC_Minutes_Regular Meeting379
Minutes of the Meeting of the City Council of San Juan Capistrano
FEBRUARY $, 1968
The regular meeting of the City Council was called to order at 6:03 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 January 29, 1968 were approved as
presented.
WRITTEN COMMUNICATIONS
(a) Notice, League of California Cities, Orange County Division, of Executive
Meeting for February. Council concurred in that City should have represent-
ation to oppose Huntington Beach proposed de -annexation from Harbor District.
Mayor Chermak and Councilman Bathgate tentatively plan to attend.
(b) Letter from Supervisor Alton E. Allen announcing 'no -host' breakfast meeting
of members of the South Coast Sanitation Advisory Committee to discuss plan-
ning of sanitation facilities required for further development of the South
Coast area.
ORAL COMMUNICATIONS
Letter, map of parade route attached, requesting renewal of franchise permit
covering Fiesta parade. Mr. Will Hicks, President of the Association, was in
attendance. Councilman Durnford, seconded by Councilman Bathgate, moved that the
Firest Association be granted franchise, subject to conditions as submitted in their
correspondence. Motion carried unanimously.
UNFINISHED BUSINESS
(a) City Attorney presented blank formal petition to be used as guideline in
setting up proposed assessment districts.
(b) William D. Davenport, Pastor of the Capistrano Valley Baptist Church, appeared
before Council stating they hoped to occupy the church premises by the 17th
of February, if sewer connection was completed by that date, and requested
Council action. Council concurred that in view of the fact that a 1911 Act
for street improvements was in progress, some arrangement for a temporary Use
and Occupancy Certificate should be made. This matter to be held in abeyance
pending decision on acceptance of sewer line.
(c) Director of Public Works introduced Mr. Dick Bentwood of Engineering -Science,
Inc., Engineer of Work on Assessment District 66-1, and Mr. Walt Capello, sewer
line contractor.
(1) Mr. Bentwood reported as follows:
Final Inspection: Contractor has completed work according to plans and
specifications. Line in place and discharge from line ready to be
accepted by treatment plant.
Assessment Roll: Now gathering construction costs for spread of assessment.
Recommendation: Recommended that Mr. Meadows, as Superintendent of Streets,
accept the work.
Councilman Durnford, seconded by Councilman Bathgate, moved that
Director of Public Works, as Superintendent of Streets, be authorized
to execute the Notice of Acceptance of the Work for recordation.
Councilman Buchheim at this time stated he would refrain from voting
on any action of finalization due to a possible conflict of interest
as he is a property owner in AD 66-1. Motion carried by a 4 to 0 vote,
Councilman Buchheim abstaining.
(2) Correspondence was presented from Steve Cappello and Sons Construction
Company regarding extras to contract. Summary of extras amounted to
a total of $25,590.35• The Contractor agreed to accept a total of
$18,764 for these extras, of which Change Orders amounted to $3,314,
the balance of $15,450 representing the additional cost for 150 cubic
yards of concrete and 1,350 cubic yards of rock. Councilman Durnford
then moved that the City authorize payment in the amount of $18,764 to
Steve Cappello and Sons for extras and Change Orders on Assessment
District 66-1 sewer contract. Motion seconded by Mayor Chermak arra
carried by 4 to 0 vote, Councilman Buchheim abstaining. Councilman
Olivares later asked that his "Yes" vote be rescinded and changed
to "No". Motion therefore carried by 3 to 1 vote.
(d; Returning to Item (b), Mayor Chermak recommended that temporary occupancy be
granted for the Baptist Church until such time as the 1911 Act is under way.
Lengthy discussion followed. Councilman Durnford moved that the Capistrano
Valley Baptist Church be given a temporary Use and Occupancy permit for a
period of six months. Mayor Chermak seconded the motion and it carried
unanimously.
(e) City Administrator in receipt of letter from County Counsel enclosing a copy
of an Order of Consolidation prepared by the County Superintendent of Schools
of Orange County and requesting enactment by motion in a similar form. They
also requested enactment of an order similar to the order of the County Super-
intendent of Schools, also enclosed. Mayor Chermak moved that the item be held
over to the next regular meeting. Motion carried by 4 to 1 vote.
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NEW BUSINESS
Director of Finance presented summary of bid quotations on one -ton truck.
Councilman Buchheim, stating Chuck Patterson's bid of $3,698.90 for one -ton posi-
traction appeared the best buy, moved to authorize purchase of said vehicle. Motion
seconded by Councilman Durnford and carried unanimously.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
(1) Reviewed correspondence from League of California Cities regarding PUC
8209, providing districts for undergrounding, and recommended Council
direct City Attorney to review and make recommendation.
(2) Re Bruce agreement. Has not been returned to this office. City Attorney
to handle the matter.
(3) Monday, February 12th is legal holiday. Council meeting to be held
Tuesday, February 13th.
(4) Called attention to new bulletin board.
(b) City Attorney, John H. Dawson
(1) Regarding LAFCO litigation, received brief from plaintiffs. Will return
his brief by February 9th for trial February 15th.
(2) Feels basic solution for formation of Recreation and Park Districts would
be by use of CC&R's. Suggested that after appropriate action, abandon
part of street and obtain from developers irrevocable offer to convey
easements.
(c) City Engineer, Jack Y. Kubota
(1) Recommended Council consider exoneration of monumentation bonds on
Tract 6038 (Marina Capistrano). Councilman Buchheim, duly seconded by
Councilman Durnford, moved to exonerate bonds, as per recommendation of
the City Engineer. Motion carried unanimously.
(2) CUSD job at Del Obispo and Camino del Avion now completed, and recommended
Council acceptance. Councilman Bathgate, seconded by Councilman Buchheim
and carrying unanimously, moved that the street improvement phase be
accepted by the City.
(d) Councilman Bathgate
(1) In the past considerable time was expended by City Engineer to compile
a drainage study for the City and costs for improvements to take care
of drainage problem areas. Off-site drainage now creating problems and
feels it is time for some action. He so moved to proceed along proper
lines for cooperation to create a district. Motion seconded by Councilman
Durnford and carried by a unanimous vote.
(2) One condition of Presbyterian Church variance was that landscaping be
approved by Planning Commission and installed before occupancy granted.
Feels they will apply for an extension of time.
(e) Councilman Buchheim
Regarding sanitary facility north of City, considerable pumping taking place
into a manhole on Oso Creek. No evidence of effluent in creek bed. Director
of Public Works stated permanent line almost finished and there will be no
more dumping into Oso Creek. Council concurred in that Board of Supervisors and
County Planning not working closely enough with Cities. Mayor Chermak asked
that Councilman Bathgate and Mr. Meadows try to get an audience with Board
of Supervisors if re-occurance of the problem.
ADJJURNMENT
The meeting adjourned at 9:28 PM.
�i7 fin/
EiTnest A. Thompson
City Clerk -Administrator
These are the official proceedings of the City Council at their regular meeting
of February 5, 1968.
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