68-0506_CC_Minutes_Regular Meeting430
Minutes of the Meeting of the City Council of San Juan Capistrano
MAY 6, 1968
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
City Attorney, John H. Dawson.
The City Clerk called the roll. Councilmen present: William A.
Bathgate, Don Durnford, Thomas A. (Tony) Forster, Antonio M. (Tony)
Olivares and Edward S. Chermak.
The minutes of the regular meeting of April 29, 1968 were approve(
with two corrections.
WRITTEN COMMUNICATIONS
(a) Correspondence from the League of California Cities regarding
Executive Meeting for Thursday, May 9, 1968. Mayor Edward S.
Chermak stated they would attend.
(b) Correspondence from San Diego Water Quality Control Board regard -
developments in the San Juan Creek area. Tentative plans to
hold regional board meeting in July. Mayor Chermak decided more
information is needed. Left open to a later date.
(c) Telegram from Gross and Company moved to continued Assessment
Hearing on Improvement District No. 66-1.
(d) The City Clerk read a letter from National Multiple Sclerosis
requesting clearance for annual solicitation during month. They
would like same time to be proclaimed as "M.S. Month", from
Mothers' Day, May 13, 1968 through Fathers' Day, June 16, 1968.
Proclamation by Mayor Chermak that this request be honored.
(e) Letter and Resolution of Commendation from Saddleback Jr. College
to the City Council for their help during the election.
PUBLIC HEARING
Spreading of Assessments, Assessment District No. 66-1.
County of Orange, Waterworks District No. 4.
Letter from C. R. Nelson, Division Engineer, protesting the
assessments on 4 parcels of land; AP 121-170-239 AP 121-170-36,
AP 121-181-21 and AP 124-240-65.
Mr. Dick Bentwood of Engineering -Science, Inc., pointed out that
AP 121-170-23-83 was assessed at $104.00 and AP 121-170-30-84 was
assessed at $135.20, which was a fair and equitable assessment. Parcel
JT 4-h8
10-1 AP 121-181-21 reservoir site, was assessed at $60.00.
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Parcel
22-1 AP 124-24-65, the terminal reservoir site (Hamer property) was
assessed at $3,581.40.
Director of Public Works pointed out that of the above parcel
consisting of 7 acres, only 2 acres had been used for construction of
reservoir, leaving the other 5 acres with the possibility of long-range
building plan.
Mayor Chermak iterated that since the majority of the site is
still not used, the Council either honor the protest or invalidate
the request.
Considerable time was spent in discussing this issue and by
unanimous vote, the protest was denied.
Telegram - Gross and Company, protesting division of land in
Mission Hills development not contemplated when they bid on Bonds.
Attorney Fritz Stradling explained after completion, owners
decided they would like to split land into 4 parcels, having 4 bonds
in order to sell parcels. Some parcels were isolated from street.
This they thought would deter sale of these. Would put it back into
separate parcels unless arrangements could be made with contractors
who bid on job. He further stated that since principals had not made
effort to contact Gross and Co., we are obligated to retain original
parcels as portrayed on the assessment diagram.
Councilman Durnford recommended we retain original single parcels
unless acces to roads is made possible.
Councilman Durnford and Forster moved that the recommendations of
Attorney Fritz Stradling be upheld.
Councilman Bathgate questioned whether access had been provided.
Dick Bentwood ascertained only a portion had been. It was pointed
out that Southern California Edison Company has right to 150 foot ease-
ment over property.
Mr. King of Mission Hills, made statement wherein Southern Calif.
Edison Company sign consent for easement.
Mayor Chermak stated the 4 lots involved with proposed easement,
there was no legal access at this time.
Attorney Stradling made a point that the owner of 1 large bond
will have to consent to a split on the 4 lots, and the best thing to
do was to go on original parcel map.
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of the City of San Juan Capistrano.
Attorney Dawson requested Water & Services cover all facets of
operation and that there will be no differential of charges.
Attorney Dawson consented to redraft in final form.
Attorney Dawson submitted Resolution for Street Needs under
Section 2156 to be filed with the Division of Highways.
It was moved and seconded by Councilmen Durnford and Bathgate for
adoption of Resolution. Motion carried unanimously.
Councilman Bathgate requested another member join him at the next --`
meeting in approximately two weeks. Mayor Chermak suggested T. J.
Meadows be the appropriate person to assist Councilman Bathgate to
serve at the next meeting.
NEW BUSINESS
Acquisition of Sewer Easement for Assessment District 66-1 for
Mrs. Oyharzabel,
Letter addressed to City Attorney, John H. Dawson.
Dick Bentwood pointed out that initial parcel contemplated 4.75
acres at $1,700.00 per acre, or $850.00 per half -acre, $1,620.00 set
aside in monies available. The 30' easement may be reduced to 15'.
Mayor suggested refusal as out of line on item 4. He requested
Dick Bentwood to computerize acreage on 15' strip and related to
Attorney Dawson.
ADJOURNMENT
The meeting adjourned at 9:00 PM.
Ef�st A. Thompson
City Clerk-Administragor
These are the official proceedings of the City Council of San Juan
Capistrano at their regular meeting of May 6, 1968.
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