67-0731_CC_Minutes_Regular MeetingMinutes of the Meeting of the City Council of San Juan Capistrano
JULY 31, 1967
The regular meeting of the City Council was called to order at 6:02 PM by
134aSor 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,
Carl E. Buchheim, Antonio M. (Tony) Olivares and Edward S. Chermak. Absent: Don
Uur iford.
The minutes of the adjourned regular meeting of July 24, 1967, were approved
as j)resented.
kRI''TEN COMMUNICATIONS
Request from National Multiple Sclerosis Society for permission to solicit
func.s during their drive in the month of August. Deferred for procurement of
inf(rmation on disbursement of funds.
UVI NISHED BUSINESS
(.a) City Attorney reported on proposals presented by Pacific Indenmity and Farmers
Insurance Exchange for City insurance coverage. After considerable discussion,
both representatives making presentations, and upon recommendation of City
Attorney, Councilman Buchheim, seconded by Councilman Bathgate, moved that
the City accept the offer presented by the present carrier, Pacific Indemnity,
for the ensuing year. Motion carried by a majority vote, Councilman Olivares
voting "No".
J,) Renewal of Franchise Permit for annual Fiesta parade - Mr. Hicks, President of
the San Juan Capistrano Parade Association, spoke before Council stating their
association will try to better communicate with the City than in the past.
Discussion followed. Mayor Chermak, with Council concurrence, directed City
Administrator to work with Association and present matter at a later date.
(c) Approval of Tract Map, Airport Industrial Park -
Col. Willcox appeared before Council requesting permission to use
Callahan house, on the property, as temporary tract office. Councilman
Buchheim, seconded by Councilman Bathgate, moved that the residence be allowed
to remain as a construction office for a one-year period, subject to demolition
bonding and permission to the City for ingress and egress rights. Motion
carried unanimously.
11 ( City Administrator reported that letters of credit for surety were in the
mail and bond agreements with proponents and City had been executed. City
Engineer reported on tract map and stated Santa Fe would accept box culvert
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with cross section of 30 square feet. City Attorney reported conditions
acceptable. Councilman Bathgate then offered Resolution No. 67-7-31-1,
accepting Tract Map 6402, subject to conditions discussed and receiving
letters of credit. Resolution passed, approved and adopted by unanimous vote.
Dr. Watkins appeared before Council requesting alternate plan in sewer
line and siphon and offered conveyance of easement for sewers. Mayor Chermak,
stating Dr. Watkins was showing good faith, directed City Engineer to execute
change in location for siphon. Councilman Bathgate offered Resolution No.
67-7-31-2 to accept and record easement with the stipulation that bonding be
reviewed by the City Engineer. Resolution passed, approved and adopted by
unanimous vote.
Y (d) City Engineer reported that Irrevocable Offer to Convey Easement (Stroschein
Division of Land) was in satisfactory form to accept and record. Councilman
Bathgate offered Resolution No. 67-7-31-3 for acceptance and recordation.
Passed, approved and adopted unanimously.
(e) Request from Transamerica Development for exoneration of Bonds on Tract 5946 -
City Engineer reported as to conditins, stating monumentation bond outstanding.
Councilman Bathgate, seconded by Councilman Buchheim, moved that all bonds,
with the exception of the monumentation bond, be exonerated. Motion carried
unanimously.
(f) First reading, proposed Ordinance #129, amending Ordinance #84 relating to
overtime parking. Item deferred to next regular meeting for reading in full.
(g) Request from National Cystic Fibrosis Research Foundation to direct a solici-
tation for funds in the City. Information on disbursements of funds also re-
quested from Foundation.
NEW BUSINESS
(a) Mrs. Ethel Olivares' request for acceptance of easement - City Administrator
stated documents have been executed complying with conditions and processing
of variance for cocktail bar and restaurant. Councilman Buchheim offered
Resolution No. 67-7-31-4 to accept and record said easements. Passed, approved
and adopted by unanimous vote, Councilman Olivares abstaining.
(b) City Attorney suggested Council adopt resolution of condemnation on the follow-
ing parcels: Loftis-Doss; Oyharzabal; Church of the Latter Day Saints; Southern
Baptist Church; Evinger; and Chade properties. He then read proposed resolution
in full. Councilman Buchheim offered Resolution No. 67-7-31-5, determining the
necessity for and directing the acquisition by eminent domain of real property
for sewer easement and public utility purposes. Resolution passed, approved and
adopted by unanimous vote.
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(c) City Attorney received memorandum from City Planner suggesting the following
Land Use Variances be cancelled by Council: LUV 62-105 (Parker & Parker);
LUV 64-118 (Stroschein); LUV 65-108 (Reilly); and LUV 65-109 (Porter).
Councilman Buchheim moved that the above variances be cancelled and that
notification be made in City records and report made to County Building
Department. Councilman Bathgate seconded the motion and it carried unanimously.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
Having received corrected easement of Stroschein Division of Land 66-103,
asked if recorded agreement was acceptable for assurance for improvements
under the Division of Land Code. After considerable discussion, City Attorney
to contact counsel for the proponents to clarify matter. Councilman Buchheim
then offered Resolution No. 67-7-31-6, rescinding Resolution No. 67-7-31-3
for acceptance and recordation of Irrevocable Offer to Convey Easement.
Resolution passed, approved and adopted by unanimous vote.
(b) Director of Finance, Harold L. Albert
Two property owners demanding payment for trees destroyed during construction
in Assessment District 64-1. Council concurred in that obligation lies within
district itself. Director of Finance to inform property owners that situation
is being looked into for Council consideration.
(c) Director of Public Works, T. J. Meadows
Contractor for Assessment District 66-1 will be in City Tuesday, August 1,
to sign contract.
(d) City Engineer, Jack Y. Kubota
(1) Construction programs moving rapidly on Del Obispo. Borings made and
curb and gutter being poured.
(2) Tract 6402 grading out.
(3) Freeway program moving along. Has asked Highway Department to concen-
trate on shut down on Fridays to clean up for week -end traffic. They
did fine job on Junipero Serra.
(e) Councilman Buchheim
Has received complaints from property owners in Mission flats in regard to
rubble and asking if better cleaning job could be done. Mayor Chermak directed
Director of Public Works to contact fire control people to look over situation
and report back to Council at next regular meeting.
(f) Mayor Chermak
(1) Received letter from Division of Highways asking City to participate
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in annual street and highway beauty awards competition, initiated
by the U.S. Department of Commerce. No action taken.
(2) Received correspondence from Orange County Communications Company
announcing new UHF TV channel in Anaheim and enclosing television
program survey questionnaire.
ADJOURNMENT
As there was no further business, the meeting adjourned at 8:27 PM.
i
Er st A. Thompson
City Clerk -Administrator
These are the official proceedings of the City Council of San Juan Capistrano
at their regular meeting of July 31, 1967.
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