65-1122_CC_Minutes_Regular MeetingW:
Minutes of the Meeting of the City Council of San Juan Capistrano
NOVEMBER 22, 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: William A. Bathgate,
Carl E. Buchheim, Edward S. Chermak, Antonio M. (Tony) Olivares and Don Durnford.
The minutes of the regular meeting dated November 8, 1965, were approved as
submitted.
WRITTEN COMMUNICATIONS
(a) Reservations for Annual Workshop, Pacific Southwest Regional Council of
National Association of Housing and Redevelopment Officials and Department
of Housing and Urban Development to be held in San Francisco, November 29-30,
1965.
Councilman Buchheim moved that Planning Commissioner Bruce Martin be author-
ized, with expenses paid, to attend this two-day workshop representing the
City of San Juan Capistrano; Mr. Martin to report back to City Council. The
motion was seconded by Councilman Chermak and passed by a unanimous vote. So
ordered.
(b) Letter from Warren M. Dorn, Board of Supervisors, County of Los Angeles, regard-
ing signing of Decency Amendment petitions.
Councilman Buchheim made a motion that the item be tabled until such time as
Council was informed of the matter through Orange County Supervisor of the
Fifth District. Councilman Bathgate seconded the motion and it carried
unanimously.
(c) Resolutions from California Highway Commission (a) supporting steps taken by
Federal Government in highway beautification and (b) expanding interest in _
the highway safety area - Informational
(d)
Resolution from the City of
Stanton,
urging enactment
of Legislation for main-
tenance and construction of
railroad
grade crossings
- Informational
(e)
Copy of Extract of Minutes
of Orange
County Board of
Supervisors in regard to
proposed review and analysis of the Building and Safety Contract, City of San
Juan Capistrano.
Mayor Durnford volunteered to meet with the Orange County Building officials
as representative of the City in the pursuit of this matter.
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(f) Letter from James M. Barr, President of Val Verde Corp., requesting time on
agenda to discuss four items pertaining to the subdivision.
Mr. Barr asked that this matter be continued until the next regular Council
meeting, December 13, 1965.
TREASURY DEMANDS AND ACCOUNTS PAYABLE
The list of demands and accounts payable on December 1, 1965, was submitted
by Director of Finance, Harold L. Albert.
Councilman Buchheim moved that the accounts due and payable on December 1,
1965, be paid, including Warrant Nos. 1523 through 1568, inclusive, for a total amount
of $82,222.71. Councilman Bathgate seconded the motion and it carried unanimously.
So ordered.
PLANNING COMMISSION MATTERS
(a) Precise Alignment, Alipas - The Secretary of the Planning Commission presented
a memorandum stating approval by Commission and recommending second noticed
Public Hearing be set by Council.
The City Engineer presented plans of the new precise alignment and stated that
the City must advertise for bids on that portion to be improved before June 30,
1966. Mayor Durnford set public hearing for Monday, December 13, 1965 at 7:30PM.
(b) The Secretary of the Planning Commission read Resolution No. 65-11-16-1 entitled
"Resolution of the City Planning Commission of the City of San Juan Capistrano
adopting Amendment No. 1 to the Circulation element of the general plan known
as The Master Plan of Arterial Streets and Highways", adopted November 2, 1965,
and recommended Council set second noticed Public Hearing.
Mayor Durnford set Public Hearing for regular Council meeting of December 13,
1965.
(c) The Secretary of the Planning Commission read a memorandum recommending approval
of Amendment to Lan Use Variance 65-105 (Sparkuhl), subject to conditions, and
presented drawings of proposed signs for Wax Museum.
Councilman Buchheim moved that the recommendation of the Planning Commission be
approved, as amended. Councilman Olivares seconded the motion and it passed by
a unanimous vote. So ordered.
UNFINISHED BUSINESS
(a) Release of Granding Bonds - Tracts 5399 and 5675 (Capistrano Mesa)
Councilman Buchheim moved that the requirements for grading on Tracts 5399 and
5675, as originally presented to the Department of Building and Safety, be
upheld. Councilman Chermak seconded the motion and it carried unanimously.
(b) Quitclaim Deed, Orange County Flood Control District, involving .99 acres.
The City Administrator related the four conditions imposed on this deed.
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Councilman Bathgate moved that the Quitclaim Deed be denied because of the
fourth condition on requirements, "the deletion of curbs and gutters on this
particular parcel". The motion was seconded by Councilman Olivares and it
carried unanimously. So ordered.
(c) City Attorney, John H. Dawson, rendered second reading of ordinance amending
Ordinance No. 24 and repeal of Ordinance No. 72.
Councilman Chermak offered Ordinance No. 111, entitled, "An Ordinance of the
City Council of the City of San Juan Capistrano Amending Ordinance No. 24
relating to licensing and repealing Ordinance No. 72", for adoption. The —
ordinance was passed, approved and adopted by a majority vote, Councilman
Bathgate voting "No".
(d) Street sweeper bids. Mayor Durnford appointed a committee composed of Council-
man Bathgate and Chermak, City Administrator, and Director of Finance to dis-
cuss the proposal and make recommendation to Council.
(e) Municipal Employees Retirement Plan. Mayor Durnford appointed same Committee
as above to research the matter and make recommendation to Council.
(f) Grant Deed (George Forster) for the right of ingress and egress for the pur-
pose of maintaining drainage ditch in connection with Tract 6039 (Country Land).
Councilman Chermak offered a resolution that the Grant Deed be accepted and
recorded. The resolution was passed, approved and adopted by a unanimous vote.
NEW BUSINESS
(a) Comprehensive Zoning Ordinance (proposed). The City Attorney stated that he
is studying the draft and will submit written report and recommendations for
changes. Ordinance to be finalized in time for public hearing. Mayor
Durnford set public hearing for January 24, 1966.
(b) Proposed draft of City Council Resolution Appointing County Health Department
to Enforce Part 1.5 of Division XII of the Health and Safety Code.
Councilman Buchheim moved that the draft be rejected. Councilman Olivares -
seconded the motion and it carried unanimously. So ordered.
(c) Easement Deed, LAS 478, Parcel 10 (Kato). The City Attorney recommended
acceptance of the Easement Deed.
Councilman Bathgate offered a resolution to accept the Easement Deed and
authorize payment in the amount of $726.00. The resolution was passed,
approved and adopted by a unanimous vote.
(d) Request from Pacific Telephone for extension of permit for storage shed until
March 1, 1966. Councilman Bathgate moved that the temporary permit be extended
as requested until March 1, 1966. The motion was seconded by Councilman
Olivares and carried unanimously. So ordered.
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RECOMMENDATIONS AND REPORTS
(a) City Attorney, John H. Dawson
(b)
(c)
NOTE:
51
(1) Has been in contact with attorney for Carter Sign Co. and forwarded him
a copy of Ordinance No. 104. Counsel for Carter stated that if he can
be convinced they are in the wrong, they will move without the necessity
of a law suit.
(2) Continued effort on Zoning Ordinance.
Director of Public Works, T. J. Meadows
(1) Work on 1911 Improvement District and treatment plant slowed down
because of rain. Treatment plant will not be in operation for at
least another week. When operator is selected, Council to schedule
special meeting for recommendation to expedite matter.
(2) Thibido deleted three tie-ins of existing facilities, totaling $611.12,
and suggested payment either by Change Order by Colich Construction or
by cash contribution of the City. It was decided that item will be
completed by Colich Construction, but will be paid for by the City and
charged to the General Obligation Bond expense.
(3) Water pollution control - Flow tests.
City Engineer, Jack Y. Kubota
(1) Re Public Hearing, PUC Case, railroad crossings. Stated he has made
contact with interested parties and they have promised to make material
available to him. Will offer report at next regular Council meeting.
(2) Re Southern Counties Gas line problems at Trabuco Creek bridge. Permit
was issued through Orange County Building Department. They are getting
original plans of bridge from Sacramento. Bridge itself not in immediate
danger, but abutments are becoming critical.
(3) City has problem areas other than those created by rain storm. Suggested
having some vehicle available, such as from Colich Construction or Pacific
Pipeline, to get emergency equipment in for clean up.
During Council meeting this date, the following conditions were reported
due to the prevailing rain storm:
Camino Capistrano flooded at Casitas Capistrano, and at the junction
of Acjachema Street and at the frontage of Howard Latimer; overflow at
Verdugo Street and Los Rios Street with water reported flowing into
basement of warehouse on Verdugo and kitchen of Mexico Lindo restaurant;
new all-weather road in Kolbet tract made impassable.
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(d) Councilman Chermak reported that he and Councilman Bathgate had both been
approached by citizens wondering why there has not been a leash law passed
in the City. Suggested that Carl Wray, publisher of Coastline Dispatch,
print an article alerting the citizens of this problem.
ADJOURNMENT
The meeting adjourned at 10:30 PM.
E&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 22nd day of November, 1965.