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65-1108_CC_Minutes_Regular Meeting43 Minutes of the Meeting of the City Council of San Juan Capistrano NOVEMBER 8, 1965 The regular meeting of the City Council was called to order at 7:30 PM by Mayor Don 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. Councilman Bathgate moved, seconded by Councilman Olivares, that the minutes of the regular meeting dated October 25, 1965, be approved, with the correction offer- ed by Councilman Bathgate being made. Motion passed by a unanimous vote and was so ordered. WRITTEN COMMUNICATIONS (a) Notice from Orange County League of Cities regarding Executive Meeting for the month of November, 1965 - Informational (b) Resolution from City of San Mateo, expressing support and devotion to the members of the Armed Forces of this Country fighting in Viet Nam - Informational (c) Letter from Public Utilities Commission regarding Case No. 8102, investigation into the status, safety, maintenance, use and protection of closing of various crossings and stating that the Hearing on the case was set for Wednesday, December 22, and Thursday, December 23, 1965. City Engineer reported on this matter for Council information and stated he will communicate with railroad officials and Public Utilities Commission personnel so that he may report findings at the next regular meeting. City may then make presentation of what it wants done about the various crossings. Mayor Durnford asked City Administrator to write Examiner Rogers stating that the above dates were agreeable. (d) Letter from Orange County Association for Retarded Children requesting permission to make telephone solicitations for donations to thrift shop and pick-up of same. Since Council felt this was merely a courtesy letter, no action was taken. (e) Letter of Transmittal and Contract from Orange County Department of Real Property Services re: Flood Control District approved Contract of Sale of Real Property, Project No: L02, Project: Trabuco Creek Channel, Parcel Nos: 103.2, 103.5. Councilman Chermak moved that the matter be tabled. Motion was seconded by Councilman Bathgate and carried unanimously. So ordered. //- JP- 6.r (£) Letter, James M. Barr, President, Val Verde Corp., requesting relief as to underground service and clarification of Council action meeting of December 23, 1963. Messrs. Barr, Carlson, Guline and Brink, on behalf of Val Verde Corp., presented their problem and sincerely requested Council for relief as to underground electrical service for pumps necessary to irrigate golf course, the solution being additional transformers on existing poles and the installation of one additional pole. After lengthy discussion, Councilman Chermak moved that Val Verde Corp. be granted the request, to the extent of retaining existing poles, and be allowed one pole installation as requested. The motion was seconded by Councilman Olivares and pass by a unanimous vote. So ordered. TEN MINUTE RECESS .............. Mr. Barr again took the floor and related that there had never been any intention to improve San Juan Creek Road in conjunction with the development of the golf course under Land Use Variance 64-101. Due to subsequent statements made by personnel of the City to this degree, Mr. Barr asked for clarification of the Council's action taken December 23, 1963. Discussion followed which reflected that the action taken by the City Council on the aforementioned date was specific with regard to the improvements for Tract 51429. However, on February 10, 1963, as a matter of record, the City Council accepted and approved recommendations of the Planning Commission wherein certain conditions were imposed by reference, said reference being based upon the actions taken on on December 23, 1963. Summary of the discussion: Mr. Barr, President of Val Verde Corp., with the concurrence of Mr. Robert Brink, Glendale Federal Savings and Loan Association, agreed to submit the appropriate street improvement plans for the construction of concrete curbs and gutters and the installation of pavement, in accordance with City standards, and to guarantee these improvements by a qualified surety bond; said surety bond to have a time period running for a period of three years, and at that time the City Council would consider an extension not to exceed two additional years, or in essence, an aggregate of five years. Councilman Bathgate made a motion that the developer be required to submit street improvement plans for the improvement of San Juan Creek Road adjacent to the golf course, and that the improvements be secured by an appropriate bond for guarantee, said bond to have a time period of three years, and that the City Council will consider possible extension of an additional two years. Councilman Buchheim seconded the motion and it passed by a unanimous vote. So ordered. // -e-64- !RJ ORAL COMMUNICATIONS Mr. Christian, on behalf of Country Land, Inc. (Tract 6038), stated they have grading equipment ready to move in and that one condition to be met before signing plans is that they provide ingress and egress on land they do not own. City Attorney stated that Flood Control District has some kind of easement for access to berm for ingress and egress purposes. City Engineer will study problem and make recommendation with the developer to see if a solution may be provided. TREASURER'S REPORT The Treasurer's Report for the month of October was submitted by the City Treasurer, Alice M. Ross. Councilman Bathgate moved that the Treasurer's Report be accepted and filed. Councilman Buchheim seconded the motion and it carried unanimously. So ordered. PLANNING COMMISSION MATTERS The Secretary of the Planning Commission reported on the following: (a) Request for one-year extension, Tract 4840, disapproved. (b) Helistop on Darmi Tract. The Commission directed the Secretary to inform Federal Aviation Agency that the name San Clemente inappropriate and that a variance is required for a helistop site. (c) Amendment #1 to Master Plan of Streets and Highways. Public Hearing was closed, and when amendment is finalized, Commission will take action. (d) The Secretary of the Planning Commission read a Memorandum directed to the Council regarding a comprehensive Zoning Ordinance. City Attorney to study and will report at the next regular Council meeting, at which time a public hearing will be set. UNFINISHED BUSINESS (a) City Attorney rendered first reading on ordinance amending Ordinance No. 24 and repeal of Ordinance No. 72. Councilman Buchheim moved that ordinance amending Ordinance No. 24 and repealing Ordinance No. 72 be read by title only. The motion was seconded by Councilman Chermak and passed by a unanimous vote. City Attorney read ordinance by title only. (b) Street sweeper bids. The matter to be continued for further study until the next regular meeting. (c) License for Ingress -Egress (Consolidated Rock Co.) Councilman Buchheim offered a resolution of acceptance for the document convey- ing the right and privilege for ingress and egress. The resolution was passed, accepted and adopted by a unanimous vote. Director of Public Works stated that Consolidated Rock has no right to block / /-8 - 6f' right-of-way access to old sewer property. NEW BUSINESS (a) Quitclaim Deed - Orange County Flood Control District. The matter was tabled for future meeting. (b) Easement Deed (Honsberger) - Land Outfall sewer line. Councilman Buchheim offered a resolution accepting an easement deed (LAS 478, Parcel No. 17), and to pay the amount of $5,500, plus $731.50 as payment in full for all claims of crop damage. The resolution was passed, approved and adopted by a unanimous vote. _ (c) Easement Deed (George Forster) - Land Outfall sewer line. Mayor Durnford offered a resolution accepting an easement deed (LAS 478, Parcel No. 21) from Mr. Forster in the amount of $25.00. The resolution was passed, approved and adopted by a unanimous vote. (d) Record Tract 5947 (Casas Capistrano) submitted for approval and recordation. City Engineer presented tract map and City Attorney presented Homeowner's Association documents and stated that all were in proper order, provided, how- ever, that a petition be submitted to the City for the establishment of an appropriate maintenance agency to care for landscaping in public rights-of-way. Councilman Bathgate offered resolution accepting Tract Map 5947, and the reso- lution was passed by a majority vote. Councilman Olivares voted "No". RECOMMENDATIONS AND REPORTS (a) City Attorney, John H. Dawson, Re: Division of Land 64-109, Marvel Development. Reported that he had drafted an agreement which would guarantee the appropriate street improvements in Camino Capistrano and Del Obispo Street in accordance with the provisions of the Division of Land Code, Ordinance No. 56 of the City. However, it was related to the Council and to the City Attorney that the princi- pals involved had sold another parcel of land in direct violation of the afore- mentioned ordinance and that it was recommended that the principals either install the street improvements in accordance with plans nn file or submit a surety bond to satisfactorily guarantee these improvements of Camino Capistrano and Del Obispo Street prior to the issuance of a Certificate of Use and Occupancy of any structure developed on the site. (b) Director of Public Works, T. J. Meadows (1) Assessment District No. 64-1 well under way. (2) Treatment plant finished except for blowers. Due for chlorine test Friday. (3) Committee suggested treatment facility be named after Antonio M. Olivares. (c) City Engineer, Jack Y. Kubota (1) Tracts 5947 and 6038 both ready to get underway with grading and construction. (2) Pipeline near completion. (d) Councilman Chermak stated that Orange County Inspection personnel of the Building Department chastised him for allowing people to move into Casitas Capistrano with- out Use and Occupancy Certificates. (e) Mayor Durnford asked Council to endorse his desire to proclaim week of December 5 to December 11 as "Trinidad Perez Week". ADJOURNMENT The meeting adjourned at 12:00 Midnight, November 8, 196 . Er st 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 8th day of November, 1965. i1 It -p (,r