65-1025_CC_Minutes_Regular MeetingJ7
Minutes of the Meeting of the City Council of San Juan Capistrano
OCTOBER 25, 1965
The regular meeting of the City Council was called to order at 7:30 P.M. by
Mayor Don Durnford.
The pledge of allegiance was recited. The invocation was given by City
Administrator, Ernest A. Thompson.
The City Clerk called the roll. Councilmen present were: William A. Bathgate,
Edward S. Chermak, Antonio M. (Tony) Olivares and Don Durnford. Councilmenabsent:
Carl E. Buchheim.
The minutes of the regular meeting dated October 11, 1965, were approved as
presented.
WRITTEN COMMUNICATIONS
(a) City Clerk read Resolution, Board of Supervisors of Orange County, proclaiming
week of October 24 through October 30, 1965, as "Support your Local Police
Week" - Informational
(b) City Clerk read letter from Bruce F. Winton requesting Council hearing re-
garding possible annexation to the City of certain properties described in
letter.
Mr. Winton reviewed his proposal for an access road and future development of
an industrial area.
Councilman Bathgate moved that this matter be referred to the Planning
Commission for study. Councilman Olivares seconded the motion and it carried
by a unanimous vote. So ordered.
(c) City Clerk read a letter received from Orange Coast Sightseeing Company
regarding parking area for buses near the Mission. No action taken.
ORAL COMMUNICATIONS
Mr. Orin Brown, on behalf of the California League of Cities and State Compen-
sation Insurance Fund, presented a Safety Award for the employees of the City to
Mayor Durnford.
COMMITTEE REPORTS
(a) Director of Public Works, T. J. Meadows, reported on a meeting with Engineering -
Science re Sewer Plant Operation, and recommended Council approval of the outline
as presented.
Councilman Bathgate moved that the Mayor and Director of Public Works be
authorized to sign the agreement with Engineering -Science for temporary
employment for the sewer plant operation. Councilman Olivares seconded the
motion and it carried unanimously. So ordered.
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(b) Director of Public Works reported on Change Orders, Weardco Construction Co.,
in the total amount of $3,226.00.
Councilman Bathgate moved that the Director of Public Works be authorized to
sign Change Orders. Councilman Chermak seconded the motion and it was so
passed by a unanimous vote. So ordered.
(c) Mayor Durnford related his meeting with the officials of the Orange County
Department of Building and Safety in consideration of problems in Inspection
Department in getting the job done. Mr. McLelland will examine the inspection
problems. A report from the County Finance Officer, Representative of the
Fifth District Supervisor and the Building and Safety Department will be
forthcoming.
(d) City Attorney, John H. Dawson, gave clarification of Easement Deed LAS -478
and reported that all was in order.
TREASURY DEMANDS AND ACCOUNTS PAYABLE
The list of demands and accounts payable on November 1, 1965, was submitted by
Director of Finance, Harold L. Albert.
Councilman Bathgate made the motion that accounts due and payable on November 1,
1965, be paid, including Warrant Nos. 1483 through 1522 inclusive, for a total amount
of $96,965.80. Councilman Olivares seconded the motion and it carried unanimously.
So ordered.
PLANNING COMMISSION MATTERS
(a) The Secretary of the Planning Commission read a memorandum re: Precise Site
Plans, Tract 5947 (Casas Capistrano) stating Planning Commission conditional
approval of tentative tract complied with as pertain to Site Plan approval
prior to approval of final map.
(b) The Secretary of the Planning Commission presented a memorandum regarding
precise alignment of Alipaz and stated that a public hearing is set for
November 16, 1965.
(c) The Secretary of the Planning Commission read a memorandum recommending that
Commissioner Gaffney, with his consent, be appointed to the Architectural
Board of Review.
Mayor Durnford stated that it was his pleasure to appoint Capt. Gaffney to
the Architectural Board of Review.
(d) The Secretary of the Planning Commission presented a memorandum to Council
recommending that serious consideration be given to proposed entrance way into
Darmi Tract.
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Mr. Christiansen, Engineer for the Darmi Corporation, presented a drawing
of the proposed Via California entrance to the tract showing arches and
landscaping (Modern Spanish desing) and respectfully requested the Council
allow this plan.
Councilman Chermak spoke in favor of diversification from the Old Spanish
theme, and offered a motion to accept the plan subject to State ratification
of the plan. Councilman Bathgate seconded the motion, subject to State
ratification. The motion carried unanimously and it was so ordered.
UNFINISHED BUSINESS
(a) Abandonment of Ganado Drive - Mr. Gulino, of Voorheis-Trindle-Nelson, stated
that the new all-weather road has been completed, and presented final tract
map for approval. Mr. Nickerson of Stewart Title Company, verified that he
had received Quitclaim Deeds which were ready for recording.
Mayor Durnford offered a resolution to abandon that portion of Ganado Drive
and the resolution was passed, approved and adopted by a unanimous vote.
"TEN MINUTE RECESS".........
(b) LUV 64-113 (Stroschein Variance)
City Engineer, Jack Y. Kubota, reported on the status of the drive-in theater
drainage plan. Mr. Schlegel, attorney for the applicants, asked for a one-
year extension on the variance and stated that the following conditions had
been met: (1) drainage plan had been approved and, (2) the drive-in theater
would be completed and ready for public use in one year. He also stated that
a grading bond will be presented to the County, and they will then be ready
to proceed.
Councilman Bathgate made a motion to extend the variance for one year from
expiration date (November 8, 1965). The motion was seconded by Mayor Durnford
and passed by a majority vote. Councilman Chermak voted "No".
(c) City Attorney rendered a first reading of an ordinance amending Ordinance No.
24 and repealing Ordinance No. 72. After discussion of pro -rating fee schedules,
the matter was deferred to a later date.
(d) City Attorney rendered a second reading of an ordinance amending Ordinance No.
56, re: Underground Utilities.
Councilman Bathgate offered Ordinance No. 110, "An Ordinance of the City Council
of the City of San Juan Capistrano Amending Ordinance No. 56, Relating to
Underground Public Utilities" for adoption. The Ordinance was passed, approved
and adopted by a unanimous vote.
NEW BUSINESS
(a) All documents having been executed in proper order and conditions complied with
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Oas set forth in Land Use Variance, Associated Mortgage and Investment Company
recommended that the Easement Deed for sidewalks on Camino Capistrano and
Verdugo Street be accepted.
Councilman Bathgate offered a resolution accepting the Easement Deed. The
resolution was passed, approved and adopted by a unanimous vote.
(b) LAS 4.78, Parcel No. 18 - Easement Deed, Marco F. Forster
Mayor Durnford offered a resolution accepting the Easement Deed, and authorizing
the Mayor, City Clerk and Director of Public Works to execute the right-of-way
agreement. The resolution was passed, approved and adopted by a unanimous vote. _
(c) Record Tract Map 5974 (Kolbet) submitted for approval and recordation.
The contingency of abandonment of Ganado Drive having been resolved, Council-
man Bathgate offered a resolution for approval and recordation of Tract Map
5974• The resolution was passed, approved and adopted by a unanimous vote.
(d) Record Tract 6038 (Country Land, Inc.) submitted for approval and recordation.
Mr. Sant, Mr. Christian and Mr. Hall having consented to an irrovocable offer
of dedication, and after lengthy discussion, Councilman Chermak offered a
resolution accepting the Map subject to modifications and revisions as recom-
mended. The resolution was passed, approved and adopted by a unanimous vote.
(e) Subject: Street sweeper feasibility. The matter was continued for further
study.
(f) LAS 478, Parcel No. 13 (Dana Development) Easement Deed.
Councilman Bathgate offered a resolution accepting LAS 478, Parcel No. 13,
an Easement Deed. The resolution was passed, approved and adopted by a
unanimous vote.
(g) Mr. Birmingham, a resident of the City of San Juan Capistrano, presented, on
behalf of 94 petitioners, a letter addressed to the City Council opposing
operation of the Consolidated Rock Company plant within the City limits.
After protests from several irate citizens, Mayor Durnford and other members _
of the staff assured them that public hearings had previously been held on
subject and there was one protest only during these hearings. No further
action was taken.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
(1) Read contract from Orange County Building Department re: Slope Plantings
in Tract Nos. 5399 and 5675•
(2) Read proposal submitted by Bill Mathes for street sweeping services.
(3) Notice from FAA re proposal from R. A. Watt for 60'x60' dirt touch-
down Helistop.
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(b) City Attorney, John H. Dawson
(1) Meeting with attorneys of Consolidated Rock re: right and privilege of
access to existing sewer plant property.
(c) Director of Public Works, T. J. Meadows
(1) Recommended connection fee be a minimum charge of $125.00 for Consoli-
dated Rock Products Co.
Councilman Bathgate moved that the recommendation of the Director of
Public Works be upheld. Councilman Chermak seconded the motion and
it carried unanimously.
(2) Recommended that the connection fee for the Veterinary Hospital be
$250.00, exclusive of charges on off-site lines.
Councilman Chermak moved that the recommendation of the Director of
Public Works be upheld. Councilman Bathgate seconded the motion and
it carried unanimously. So directed.
(d) City Engineer, Jack Y. Kubota
(1) Southern Counties Gas Company pipeline moving rapidly. Will be out
of City in two weeks.
(2) Tract 5946 - Doing sewer work in earnest.
(3) Record Tract 5946 - Final approval set for next Council meeting.
(4) Mobil Gas asking for Division of Land.
(e) Mayor Durnford reported that the Orange County Building Department suggested
that City pass a resolution stating that all cut and fill slopes be planted
and maintained for a period of one year. He therefore offered a resolution
that cut and fill slopes be so planted and maintained for a minimum period
of one year, with right of access. The resolution was passed, approved
and adopted by a unanimous vote.
ADJOURNED TO AN EXECUTIVE SESSION
Subject to the instructions of the City Council, the matter of reviewing the
newly authorized position of Deputy Business License Collector, for which Mr. Virgil
"Happy" Frazier was employed, this was the designated time for which the City Council
wished to review the activity and character of the pursuit for which the position
was intended to use. The City Administrator reported (in comparative degree) those
revenues acquired by business license taxes during respective months of fiscal year
1964-65 and those of fiscal year 1965-66. Based upon these comparative items, it
was revealed that an amount in excess of $580.00 was attributed to the funds of the
City over and above those charges made for employee compensation. Further, it was
revealed that the character of the employee and the atmosphere of the position was
bringing about a healthier and more legal atmosphere for contractors and sub -
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contractors doing work within the corporate limits. In conclusion, Councilman
Chermak made a motion to retain the position, with its employee, subject to the
continued quarterly review. The motion was seconded by Councilman Bathgate and
passed, and so ordered.
The meeting adjourned at 12:26 A.M., Tuesday, October 26 ;W65-
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Er;(est A. Thompson
City Clerk -Administrator _
These are the official proceedings of the Regular Meeting of the City Council
of the City of San Juan Capistrano, held on the 25th day of October, 1965.
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