66-0124_CC_Minutes_Regular MeetingMinutes of the Meeting of the City Council of the City of San Juan Capistrano
JANUARY 24, 1966
The regular meeting of the City Council was called to order at 7:35 PM 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: William A. Bathgate,
Carl E. Buchheim, Edward S. Chermak, Antonio M. (Tony) Olivares and Don Durnford.
The minutes of the regular meeting of January 10, 1966 and the adjourned
regular meeting of January 17, 1966, were accepted as presented.
WRITTEN COMMUNICATIONS
(a) Section from California Health & Safety Code, Div. 13, Part 1.5 - Informational
(b) Agreement, Orange County Waterworks District No. 4 and the City of San Juan
Capistrano. Councilman Buchheim moved that the Agreement be received and
filed. The motion was duly seconded by Councilman Bathgate and carried
unanimously. So ordered.
(c) Letter, with attachments, from the City of Fountian Valley regarding Orange
County Flood Control District Deficiency Report. Informational only.
(d) City Administrator read letter from County of Orange re: Resolution No.
65_10_25_7 pertaining to planting standards. Council agreed that Item 1, the
suggestion of an amendment of the Subdivision Code, would be the obvious
solution.
(e) Notice of General Meeting, Orange County League of Cities - Informational
(f) City Administrator read letter regarding conflict of music emanating from
the Wax Museum and the Trading Post. City Attorney was instructed to draft
an ordinance regulating loudspeaker sounds, including that from phonographs,
sound trucks, etc.
ORAL COMMUNICATIONS
(a) San Juan Girl Scout Troop No. 372 presented Mayor Durnford a Promissory Note
donating two trash receptacles to the City. On behalf of the City, Mayor
Durnford gratefully accepted and commended the Girl Scouts on their civic pride.
(b) Mr. Christiansen, representing Darmi, Inc., requested the following:
(1) Permission to improve streets (addition of details) to include underground
TV cable conduits.
(2) Modified street lighting system on off-site streets.
(3) Be allowed to authorize San Diego Gas & Electric to add one additional
pole.
(4) Be permitted certain small water pipe crossings for the purpose of
watering landscaping.
Councilman Buchheim moved that these items be referred to the City Engineer
for recommendation at the next regular meeting. Councilman Bathgate seconded
the motion and it carried unanimously. So ordered.
COMMITTEE REPORTS
(a) Councilman Chermak reported on street sweeper bids and stated situation was
status quo. After discussion, Councilman Buchheim moved that authorization
be made to purchase machine from Dearth Machinery Company. Mayor Durnford
seconded the motion and it carried unanimously. So ordered.
(b) Councilman Chermak reported on Employee Retirement Plan, and recommended a _
plan such as set forth by National Associates be seriously considered.
9Mayor Durnford offered a Resolution of Intent to adopt the Retirement Plan
as offered by National Associates under either Plan A or Plan B. The reso-
lution was passed, approved and adopted by a majority vote, Councilmen
Bathgate and Olivares voting "No"
FIFTEEN MINUTE RECESS...........
TREASURY DEMANDS AND ACCOUNTS PAYABLE
The list of demands and accounts payable on February 1, 1966, was submitted
by Director of Finance, Harold L. Albert.
Councilman Bathgate moved that the accounts due and payable on February 1,
1966, be paid, including Warrant Nos. 1606 through 1663, inclusive, for a total
amount of $83,081.73. The motion was seconded by Councilman Chermak and carried
by a majority vote, Councilman Olivares voting "No".
PUBLIC HEARING
Mayor Durnford opened the public hearing on the Comprehensive Zoning Ordinance
prepared by the Planning Commission. No one appeared to oppose the proposed ordi-
nance. City Attorney, John H. Dawson, has reviewed the ordinance and stated Planning
Commission is to be congratulated..
Public hearing closed. City Attorney to make several changes in legal
phraseology and present to Council for adoption at next regular meeting.
PLANNING COMMISSION MATTERS
(a) Owners of Mission San Juan Interiors brought up the question of combination
of two 12' signs for their shop in E1 Adobe Plaza, which encompasses two
stores. Councilman Buchheim, duly seconded by Mayor Durnford, moved that
the sign be approved. The motion carried unanimously.
(b) The Secretary of the Planning Commission reported on the following:
(1) PD Site Plans, Tract 5946. Request amending original plans approved.
(2) State Forestry Fire Station. Plans approved and State Forestry commen-
ded for adherence to architectural control.
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(3) Division of Land 66-101 (Dozier). Request to divide a parcel of land
received and hearing set for February 1, 1966.
UNFINISHED BUSINESS
(a) City Attorney reported on TV cable franchise agreements. Feels American
Cablevision should be sent notice to "show cause" why their franchise should
not be cancelled as they have not complied with the conditions set forth in
their franchise agreement. Mayor Durnford directed City Administrator to
send such letter.
A representative of McRae stated his company is willing to pay cost of publi-
cation for ordinance and that they now have a lease agreement with utility
companies. Are willing to provide service under specified time limit set
by Council.
Councilman Bathgate offered a resolution of intention to grant a franchise
to McRae Company. The resolution was passed, approved and adopted by a
unanimous vote.
(b) Proposal to contract for janitorial services. Action deferred pending
counsel perusal of Agreement.
(c) Voorheis-Trindle-Nelson request for Record of Survey. City Attorney present6d
a Memorandum Opinion. Mr. Carlson, representing VTN, was in the audience,
and Mr. Dawson suggested he contact Glendale Federal for a possible Irrevo-
cable Offer of Dedication. After lengthy discussion, Council declined to act.
(d) Authorization to permit County of Orange to construct street improvements
along Camino Capistrano. Bid estimate submitted in the amount of $8,500.
Councilman Chermak moved that authorization be granted to start improvement
project based on the fact that the money alloted through the Collier -Unruh
Fund would be lost by the City if not put to use by June 30, 1966. Councilman
Bathgate seconded the motion and it carried unanimously.
NEW BUSINESS
(a) Resolution re County Services. Mayor Durnford offered a resolution entitles
"A Resolution of the City Council of the City of San Juan Capistrano requesting
the Board of Supervisors of the County of Orange to permit the County Clerk
of said County to render specified services to the City of San Juan Capistrano,
relating to the conduct of a General Municipal Election to be held in said
City on April 12, 1966". The resolution was passed, approved and adopted by
a unanimous vote.
(b) Cuuncilman Bathgate offered a resolution entitled, "A Resolution of the City
Council of the City of San Juan Capistrano calling and giving notice of the
holding of a General Municipal Election to be held in said City on Tuesday,
the 12th day of April, 1966, for the election of certain officers of said
City as required by the provisions of the laws of the State of California
relating to General Law Cities". The resolution was passed, approved and
adopted by a unanimous vote.
(c) Motion of Policy instructing City Clerk to notify each candidate of the
appropriate deposit for publishing said candidate's statement of qualifications.
Mayor Durnford moved that Policy be adopted. The motion was duly seconded by
Councilman Bathgate, and carried by a majority vote, Councilman Olivares
voting "No"
(d)
Anaheim
Stadium Cor.
request for
permission to
include a placque of
the City
(2)
Seal at
the Stadium.
Councilman
Buchheim moved
that permission be
granted,
as it is in the public interest of the cities in Orange County. Councilman
Chermak seconded the motion and it carried unanimously. So ordered.
I
e) City Attorney's proposal for 1911 Act Sewer Assessment District for area out-
side City Limits as well as within the City. Mr. Dawson to start proceedings
for formation of an assessment district and annexation proceedings to ascertain
future perimeter of proposed district. He suggested that F. Mackenzie Brown
be retained as legal aid in the preparation of Resolution of Intention and
pertinent documents for processing formation of the assessment district.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
(1) Ganado Road closure should be short-lived.
(2) 3.310 acres used for horses in U-1 zone. Adjacent property owners pro-
testing strong odors of stables. Advised property owners that this
would be a civil matter.
(3)
Proposal and
offer of
City Council for
employment of Benny
Davis
as
(2)
construction
inspector
at appropriate
salary. This matter
to be
taken
up in an Executive Session.
(b) City Attorney, John H. Dawson
(1)
Re: agenda
items being carried over, it is up to the discretion of
Council in
the best interest
of the City.
(2)
Question of
charges for City
licensing of soils engineer. There is
nothing to exempt them from licensing to the City.
(c) Director of Public Works, T. J. Meadows
(1) Progress of improvement district. Ganado Road now open and work
progressing well.
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(2) New treatment plant in operation. Extended invitation to Council
to visit.
(3) Sliding gate now installed at old plant site, with padlock.
(4) Engineering -Science has come up with tentative assessment district.
Recommended that the City proceed as in the past. Hold public meeting
for all interested persons in the area as soon as possible to see if
they wish to participate. Mr. Carl Wray was requested to publish item
in Coastline Dispatch reporting meeting date. City Attorney will
furnish petitions to be signed.
(d) City Engineer, Jack Y. Kubota
(1) Public Utilities Commission report. Public Hearing set for February
2-3. Santa Fe still has not come up with figures. Re Mission Street
crossing, believes City's position to accept the Commission's recom-
mendation is not warranted at this time. Should have at least a year
to consider. The City could have a written statement to offer at hearing.
(2) Tract 5733 - Sewer system has been completed and in use. Minor correct-
ions made and now in a position to get final acceptance. Recommended
that sewer bonds be released. Mayor Durnford, duly seconded by Council-
man Bathgate, moved that the sewer bond only be released. The motion
carried by a unanimous vote. So ordered.
(3) Parcel of land in Dana Point area proposed to be de -annexed from Water-
works District #4 and annexed to Capistrano Beach County Water District.
Reason is that Capistrano Beach has a well site within perimeter of land
proposed for development. Director of Public Works will attend hearing
and protest on behalf of Waterworks District #4. City Administrator
to immediately notify taxpayers of the conditions that exist, i.e.,
double taxation for water.
(4) Progress of work on Camino Capistrano. Pacific Pipeline has assured
they will restore street to normal.
(5) His office received.a proposal from Birtcher Pacific Company to improve
Forster Street from El Camino Real to Camino Capistrano.
(e) Councilman Bathgate
Asked if Post Office had any obligation to provide adequate access to building.
(f) Councilman Chermak
Asked the same question and wondered if City could initiate a program to get
dedication to repair the street. It was suggested the City move curb into
street line and fence off area.
V- tog
(g) Mayor Durnford
Reference Carter sign. City Attorney stated counsel is reviewing and he is
waiting to hear from him.
ADJOURNMENT
The meeting adjourned at 12:27 AM, Tuesday, January 25, 1966, to an Executive
Session.
EXECUTIVE SESSION
Mr. Benny Davis was in attendance to make his request fot the City Council's serious
consideration of being employed at second step instead of first step based upon the
fact that he has been serving the area in the capacity of Construction Inspector for
almost 18 months. Further, he injected the factor of the possibility of having
to work on those days designated as holidays by the Government Code, which he felt
could be demanded of him because of the conflict of recognition with the construction
igencies. He consented to use his own truck for the consideration of 10¢ per mile.
also the fact was entered that he is now a resident of the City for several months,
Tith the purchase of a home, and the salary would be indicative in order to meet
)rior commitments.
/A')- - , after considerable discussion, Councilman Buchheim offered a resolution establish -
.ng the position of Construction Inspector, setting forth the duties thereof, and
stablishing the salary range of No. 22. The resolution was accepted and adopted
y a unanimous vote.
[ayor Durnford made a motion authorizing the employment of Mr. Benny Davis as
construction Inspector, with the added duties of Deputy Business License Collector,
iaiving the six months probationary period, and authorizing salary to be paid at
oecond step ($641.00) of Range 22 of the Salary Ordinance. Motion seconded by
(ouncilman Bathgate and passed by a unanimous vote.
'he meeting adjourned at 12;45 AM, Tuesday, January 25, 1966.
Irrnest A. Thompson
City Clerk -Administrator
Tless are the official proceedings of the Regular Meeting of the City Council of
tie City of San Juan Capistrano, held on the 24th day of January 1966.
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