65-0913_CC_Minutes_Regular Meeting61
Minutes of the Meeting of the City Council of San Juan Capistrano
SEPTEMBER 13, 1965
The regular meeting of the City Council was called to roder at 7:35 PM by
Mayor Durnford.
The pledge of allegiance was recited. The invocation was given by City
Attorney, John H. Dawson.
The City Clerk called the roll. Councilmen present were: William A. Bathgate,
Carl E. Buchheim, Edward S. Chermak, Antonio M. (Tony) Olivares and Don Durnford.
Councilmen absent: None.
The minutes of the regular meeting dated August 23, 1965, were approved as
corrected.
WRITTEN COMMUNICATIONS
(a) Orange County League of Cities, Executive Meeting for September - Informational.
(b) League of California Cities, Annual Conference _ Informational.
(c) Newsletter, Alton E. Allen, Supervisor, 5th District - Informational.
(d) County of Orange, Local Agency Formation Commission, Re: Proposed Annexation
to City of San Clemente (No. 13) - Informational.
(e) Letter - Dana Point Knolls Homeowners Association, Re: Water Works District #4.
Councilman Chermak stated that he would write a letter to the Homeowners
Association regarding the inadvertent statement made at the previous meeting.
(f) Letter from Bill Yates, Inc., Re: Drainage system.
The City Administrator recommended that the matter be referred to the City
Engineer for comment only.
Councilman Buchheim moved that a copy of Mr. Yate's letter be directed to
the Orange County Road Department for their notification. The motion was
seconded by Councilman Bathgate and it carried unanimously. So ordered.
(g) Letter from James M. Barr, President, Val Verde Corp., Re: Condition #3 of
LW 64-112.
Mr. Mangan spoke on behalf of Mr. Barr stating that the development project
is now moving ahead and it was felt they needed sufficient time to indoctrinate
the new partner in order to fulfill the conditions of the sign variance.
Councilman Buchheim made a motion that construction begin within 30 days and
be completed within 90 days. Otherwise, all variances are to be declared null
and void. Councilman Olivares seconded the motion and it carried by a unanimous
vote. So ordered.
(h) Letter from Old Mission Trading Post regarding re -opening of Arguello Way.
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Mayor Durnford directed the City Clerk to follow the City Engineer's
suggestions on paving this street.
Councilman Bathgate offered a resolution that Arguello Way be made a one-way
street from East to West, in its entirety. The resolution was passed,
approved and adopted by a unanimous vote.
(i) Letter from Union Oil Company of California appealing action of City Planning
Commission - Informational
RECEIVING ORAL COMMUNICATIONS
(a) Southern Counties Gas Company - Re: Excavation Permit
Mr. Soden, on behalf of the Southern Counties Gas Company, stated that the
gas company is in agreement with the City Engineer's report and requested
that the Council notify the Road Department that the excavation permit be
granted.
After lengthy discussion, Councilman Chermak moved that the excavation permit
be granted, dependent upon specifics as outlined on a set of blueprints
worked out by the City Engineer and the gas company's engineers. The motion
was seconded by Councilman Bathgate and it was carried by a majority vote.
Mayor Durnford and Councilman Buchheim voted "No".
(b) RP Site Plans (Darmi Tract) - Mr. Christensen asked the Council for approval
of plans for the hexagonal building in the RP District. He stated that they
plan to put in sidewalks on the north side of Camino Las Ramblas and the east
side of Via De Agua.
Upon the clarification of the interpretation by the City Council, Mayor Durnford
moved that the Building Department may be directed to issue the permit for the
building, but that the occupancy of the building will not be permitted until
the landscaping is completed. Councilman Buchheim seconded the motion and it
carried unanimously. So ordered.
TEN MINUTE RECESS
UNFINISHED BUSINESS
(a) LUV 65-118 (McCracken) - Jack Rimmel, Attorney at Law, appeared on behalf
of Mr. McCracken. He related that in his determination, the provisions of
the Land Use ordinance did not require a variance.
Mayor Durnford made a motion that the Orange County Building Department be
directed to issue a permit for building the residence. The motion was
seconded by Councilman Buchheim and it carried unanimously. So ordered.
Mayor Durnford moved that Mr. McCracken be refunded for the fee paid for the
variance. Councilman Buchheim seconded the motion and it carried unanimously.
So. ordered.
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(b) Exoneration of Street Improvement Bond, Tract 5399. The City Attorney
stated that he will contact the Orange County Building Department regarding
status of the Street Improvement and Grading Bonds on the aforementioned
Tract. Further action deferred.
TREASURER'S REPORT
The Treasurer's Report for the month of August was submitted by the City
Treasurer, Alice M. Ross.
Councilman Chermak moved that the Treasurer's Report be accepted and filed.
The motion was seconded by Councilman Bathgate and it carried unanimously. So
ordered.
COMMITTEE REPORTS
(a) Director of Public Works, T. J. Meadows, reporting on behalf of Councilman
Buchheim, who is Chairman of the Committee, stated that the Committee had met
and had determined that the Dana Point Sanitary District, through its Board
of Directors, should submit a proposal in writing for the providing of services
to the areas proposed for development, not within the corporate limits of the
City of San Juan Capistrano. This determination has been given to that agency
in writing, and there has been no return correspondence to date.
(b) Letter received from Engineering -Science regarding Ocean Outfall extension,
reporting that work has been completed in accordance with the terms of the
contract. Recommended that the City Council accept the work and file the
Notice of Completion.
(c) Letter received from Engineering -Science regarding Land Outfall reporting
that work has been completed in accordance with the terms of the contract.
Recommended that the City Council accept the work and file the Notice of
Completion.
(d) Introduced W. L. "Doc" Thompson of Engineering -Science, who is the Resident
Engineer and Inspector for the sewer contracts of the City. Mr. Thompson
reported on the following:
(1) Status of sewage treatment plant. It should be completed in about six
weeks.
(2) 1911 Act Improvement contract. Work started on boring underneath freeway.
(3) Plant will be painted same color as the Dana Point Sanitary District
facility, even though recommendation of the Resident Engineer_Inspector
was to not paint (contract plans and specifications do require the
painting).
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PLANNING COMMISSION MATTERS
(a) Reports:
(1) LUV 65-119 (Union Oil Company) - Variance for signs and front yard
encroachment. The Secretary of the Planning Commission reported that
the applicants request they be heard at the next regular Council meeting
to appeal the action of the City Planning Commission; further, the
Secretary of the Planning Commission has been instructed to release
the variance to the City Council when the legal and plot plan are in
agreement.
(2) The Secretary of the Planning Commission submitted a report on RP Site
Plans (Darmi), proposing hexagonal building in RP District. Site plans
considered inadequate and new ones called for showing sidewalks on Via
de Agua and a comprehensive landscaping plan.
(3) The Secretary of the Planning Commission submitted a report on PD Site
Plans (Tract 4550) stating that plot plans and landscaping plans approved.
(4) The Secretary of the Planning Commission submitted a report on PD Site
Plan Modification (Tract 5624), regarding a chain link fence 32' in
height approved for portion of Calle Chueca.
(b) Recommendations:
(1) The Secretary of the Planning Commission submitted a memorandum to the
City Council recommending approval for an off-site mobile sign, LUV 65-120
(Kolbet), subject to conditions.
Councilman Chermak moved that the recommendation of the Planning Commission
be upheld. Councilman Buchheim seconded the motion and it carried unanim-
ously. So ordered.
(2) The Secretary of the Planning Commission submitted a memorandum recommend-
ing approval of a portable storage shed to be used by Pacific Telephone
Company during installation of central office equipment.
Councilman Buchheim moved that the recommendation for the approval of a
portable shed be granted. The motion was seconded by Councilman Bathgate
and was carried unanimously. So ordered.
(3) LUV 65-121 (Town & Country). The Secretary of the Planning Commission
submitted a memorandum to the City Council regarding an off-site sign.
The matter referred to City Council for action without a Planning
Commission recommendation.
Mayor Durnford moved to recommend denial of variance. The motion was
seconded by Councilman Bathgate and carried by a majority vote with
Councilman Buchheim abstaining.
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NEW BUSINESS
(a) Resolution of Intent, Abandonment of Ganado Drive
Councilman Chermak offered a Resolution of Intent regarding abandonment"Df
a portion of Ganado Drive and setting a public hearing for October 11, 1965.
The resolution was passed, approved and adopted by a unanimous vote.
(b) Easement Deed - Assessment District No. 64-1: Submitted, subject to necessity
for storm drainage facilities in Fairlane Homes Tract. The matter was deferred
until the problem is researched.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson:
(1) Reconstruction of Camino Capistrano from El Adobe Restaurant up to
and including Del Obispo intersection. He recommended that Sanitary
Pipeline not make the repairs. Will report on what amount has been
projected from Sanitary Pipeline.
(2) Carter Sign Company has failed to uphold the provisions of City's
ordinance. The City Attorney will instigate suit.
(3) Consideration for budget. A presentation will be made on a Retirement
Plan, Monday, September 27, 1965, during work session.
(4) Consideration of PL 660, Federal money payment request.
(b) City Attorney, John H. Dawson:
(1) Problem of Kolbet and Val Verde oversized sewer line under freeway.
(2) Re: 1911 Act, Assessment District No. 64-1, Parcel #50 (Mr. Romer).
No action.
(3) Freeway Agreement. Agreement will not be signed by the City until all
details have been worked out and the Highway Department has submitted
a map with details incorporated on the map.
(c) Director of Public Works, T. J. Meadows:
(1) Asked for copy of signed agreements on 1911 Act Improvement with
Colich Construction Company.
(2) Reported on Public Health Service.
(3) Stated the need for sewage plant operator.
(d) Councilman Bathgate:
(1) Sycamore tree on Camino Capistrano obstructing vision.
(2) Asked status of drive-in theater drainage problem. City Engineer reported
on status.
(3) Recommended Mr. Kenneth Feltman to fill vacancy on Planning Commission.
Mayor Durnford appointed Mr. Feltman to replace Mr. Tony Alarcon, and
will so notify him by letter.
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(e) Councilman Chermak:
(1) Remarked on the influx of stray dogs and cats in the area.
(2) Curfew apparently not being enforced. Sheriff's Department should be
notified.
(f) Mayor Durnford:
(1) Spoke of attending dedication of Job Corp Camp. There are several
buildings on the site and highly qualified people are running the camp.
ADJOURNMENT
The meeting adjourned at 11:35 PM to an Executive Session.
EXECUTIVE SESSION
The City Council reconvened into an Executive Session, primarily to discuss
the salaries of City employees, as reflected by the entries made in the City's
budget for the fiscal year 1965-66. Therefore, full evaluation was made of the
merit of the position with regard to the work being accomplished and the manner
of personal pursuit in fulfilling the job.
In this evaluation there was constructive criticism given of the various
positions and employees, with the resultant factor to instigate more initiative,
tact and diplomacy in reflecting the attitude of the City in its service to the
public.
Upon the motion of Councilman Chermak, duly seconded by Councilman Buchheim,
the Administrator's salary was authorized to be increased to the second step of
Range 29, to be effective and payable as of July 1, 1965. The motion passed by a
majority vote, with Councilman Olivares voting "No".
On motion of Councilman Chermak, The Director of Public Works and that
position of laborer, suthorization to increase these salaries to the second step
of Range 9 and Range 1, respectively, to be effective and payable as of October 1,
1965. The motion was seconded by Councilman Buchheim and approved by a unanimous
vote. So ordered.
At 1:10 AM, Tuesday, September 14, 1965, the City Council again went into a
regular session in order to accomplish the following actions:
Notices of Completion:
(a) On motion of Councilman Buchheim, duly seconded by Councilman Chermak,
that contract fot the Land Outfall sewer construction with Thibodo
Construction Company wherein all work was to be accepted and notices
to be given for the completion thereof. The motion was carried by
a unanimous vote and so ordered.
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(b) On motion of Councilman Buchheim, duly seconded by Councilman Bathgate,
that contract for the Ocean Outfall sewer contract with Healy_Tibbitts,
all work was to be accepted and. Notice of Completion to be filed.
The motion was passed by a unanimous vote and so ordered.
The meeting adjourned at 1:25 AM, Tuesday, September 14, 1965.
ErLest A. Thompson
City Clerk -Administrator
These are the official proceedings of the Regular Meeting and the Executive Session
of the City Council of the City of San Juan Capistrano, held on the 13th day of
September 1965.
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