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.
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(£) 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.
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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
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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.
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