66-0711_CC_Minutes_Regular Meeting135
Minutes of the Meeting of the City Council of San Juan Capistrano
JULY 11, 1966
The meeting was called to order by Mayor Don Durnford at 7:38 PM.
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 and Don Durnford. Absent: Marco F. (Tom) Forster and Antonio
M. (Tony) Olivares.
The minutes of the regular meeting of June 27, 1966, were accepted as submitted.
WRITTEN COMMUNICATIONS
(a) Letter from the Fiesta Association requesting the City Council to grant a
franchise for the holding of the Fiesta and their annual parade. Discussion
followed. Councilman Buchheim moved, duly seconded by Councilman Bathgate,
that the request be approved subject to the normal conditions. The motion
was approved unanimously and so ordered.
(b) Notice of the application of Pacific Telephone for the establishment of a new
directory for the South Coastal area was submitted strictly as informational.
Mr. Bob Gannon in attendance in the audience was recognized and responded to
any questions. Several of the Councilmen made comments pro and con as to the
need and justification. No further action was taken.
(c) Orange County League of Cities notice of the regular Executive Meeting to be
held at 6:45 PM, Friedemann Hall in the City of Orange - Informational.
(d) Letter from Senator George Murphy with regard to the letter of the City's
request and resolution for postal service was received by the Councilmen.
Extensive discussion followed to the degree that the merit of the activity
of our U. S. Senator has not been sufficient to accomplish the request of
this City.
......Councilman Antonio M. (Tony) Olivares arrives at 8:05 PM.
......Councilman Marco F. (Tom) Forster arrives at 8:06 PM.
(e) A letter of request from the P. A. Palmer, Inc., was read into the record by
the City Clerk. This letter requests the City Council for the procedures for
their initiative for proposed annexation to the City of San Juan Capistrano.
(f) Letter from Newport Balboa Savings & Loan with regard to annexation procedure
also was read into the record by the City Clerk. On motion of Councilman
Olivares, duly seconded by Councilman Buchheim, approval for receiving the
proposed annexations was approved and so ordered. Directive to the City
Clerk was to enumerate the steps of the procedure through appropriate corres-
pondence to the requesting individuals.
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(g) A letter of appeal to Land Use Permit 66-109 signed by Dale and Catherine
Ladd, was read into the record. Discussion followed. Mr. Bob Johns,
Secretary of the Planning Commission, responding to the factors and conditions
with regard to the Land Use Permit 66-109. Several of the Councilmen questioned
the conditions imposed upon an adjoining facility, Consolidated Rock Products
in specifics, and as to the owner's cooperation in the requirement of truck
routing. A contingent letter signed by Mr. John Caldwell, was also read into
the record. Mr. Caldwell was also an aggrieved party seeking some appeal to
the City Council with regard to the said Land Use Permit proceeding. Dis-
cussion followed. Mr. Harold Rodenbush, representing the Spaulding Equipment
Company, responded also to the Council's inquiries. It had been projected
that, in fact, there was some consideration that the proposed contractor for
the installation of the breakwaters for the Dana Point Harbor was proposing
to park his equipment and service that equipment during the late evening and
night-time hours. The matter was finally resolved by a motion of Councilman
Bathgate to amend Condition No. 7 of the City Planning Commission's conditions
for the Land Use Permit, duly seconded by Councilman Buchheim and receiving
a unanimous vote, except to that vote of Councilman Forster, who abstained.
More specifically, Condition No. 7 would be amended regarding the hours of
operation wherein the Land Use Permit would be conditioned for operation of
6:00 AM to 6:00 PM, Mondays through Fridays with no restriction upon the
hours in the pursuit of sales.
(h) An added item of Written Communications was a letter to the Mayor of the City
of San Juan Capistrano from the City of Placentia with regards to their pro-
test of curbline mailbox installation. The City Council's attitude concurred
with the atmosphere projected in this letter.
ORAL COMMUNICATIONS
The Council agenda listed a Mr. John Luhnow for speaking at this time.
However, Mr. Luhnow was not in attendance in order to appear.
COMMITTEE REPORTS
Downtown Parking Study -
Mr. Jack Kubota, City Engineer, reporting. It was projected to the City
Engineer that there existed 405 public parking spaces do delineated or provided upon
the existing city streets. With traffic conditions being a major problem at the
intersecection of Ortega Highway and Camino Capistrano, 91 diagonal parking spaces
in and along Ortega Highway and Camino Capistrano could logically be converted to
50 parallel parking spaces. As a matter of step phasing to correct this adversity,
it was made in summary by the City Engineer that he would recommend parallel parking
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on both sides of Camino Capistrano between Ortega Highway and Verdugo Street and
both sides of Ortega Highway between Camino Capistrano and E1 Camino Real to parallel
parking. Also providing for, by schmatic design, some projected channelization of
traffic flow at the key intersection of Camino Capistrano and Ortega Highway.
Further, to afford this channelization and traffic flow, some 3 or 24 parking spaces
on the Ortega Highway would have to be deleted. After considerable thought and
discussion, Councilman Forster offered a resolution approving the recommendations
of the City Engineer and authorizing the execution of the first phasing. The resolut-
ion passed, accepted and adopted by majority vote, Councilman Olivares voting "No".
TREASURER'S REPORT
The Treasurer's Report for the month ending June 30, 1966, was submitted by
City Treasurer, Alice M. Ross. Councilman Bathgate made a motion to receive the
report and file for audit. The motion was seconded by Councilman Buchheim and so
ordered.
At this time, Mayor Don Durnford recognized Mr. Clarence Magnusen and Mr.
Joe Feeney of Engineering -Science in order to afford them the opportunity to report
upon% (a) the dispostion of the contingency charges by Colich Construction Company
as related to the costs of Assessment District No. 624-1, and (b), the process and
status of a new Assessment District No. 66-1. Mr. Clarence Magnusen related that
in his ipinion he could recommend payment of $224,000 flat fee encompassing all con-
tingencies based upon that additional amount of rock that was necessary and partially
authorized by Council action for the work with regard to this improvement. Council-
man Bathgate made a motion to uphold the recommendation and project the payment of
the $224,000. The motion was duly seconded by Councilman Forster and so ordered.
Mr. Feeney reiterated in a report that proposed Assessment District No. 66-1 was
under process and being submitted for proposed agreements to the degree of covering
those services to be provided by Engineering -Science and also recommending approval
for the executing of an agreement covering those services for legal services,
recommending Rutan and Tucker as the agency for legal services. Councilman Bathgate
offered a resolution authorizing the Mayor and City Clerk to execute such agreement
with regard to Engineering -Science providing those services for engineering. The
resolution was approved and adopted by a unanimous vote. Councilman Bathgate also
offered a resolution that the City employ and enter into an agreement for those
services of Rutan and Tucker to provide the legal services for processing of this new
Assessment District No. 66-1. The resolution was approved, adopted and accepted by
unanimous vote.
...........FIVE MINUTE RECESS
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PLANNING COMMISSION MATTERS
(a) Reports:
The City Council was in receipt of duplicate copies of the reports of the
Planning Commission with regard to: (1) Land Use Permit 66-109 (Spaulding),
(2) Land Use Variance 64-113 (Stroschein), and (3) Parks and Recreation
Committee.
(b) Recommendations:
The Planning Commission reported Land Use Variance 66-108 (Mission Wax
Museum) had been heard for a request for a remote sign, and the Commission
had recommended unanimous denial. Councilman Olivares made a motion of
upholding the Planning Commission's recommendation. The motion was duly
seconded by Councilman Buchheim and so ordered.
UNFINISHED BUSINESS
(a) Item 14 on the agenda called for the proposed first reading of an ordinance
prohibiting the parking of vehicles for the purpose of sales. The City
Attorney, John H. Dawson, had not been able to project to the Council the
corrected provisions of the proposed ordinance. This matter was continued
until the next regular Council meeting.
7 (b) An Irrovocable Offer to Convey Easement by Dozier under the process of the
Division of Land (DL 66-101) was submitted to the City Council for acceptance
and authorization for recordation. Mayor Don Durnford offered the resolution
of acceptance of the document and authorizing the recordation of same. The
resolution was adopted, accepted and approved by unanimous vote.
(c) Regarding the matter of the notice of the Union Bank regarding the proposed
sale of property formerly divided illegally by Marvel Development Company,
Councilman Buchheim moved that the City Administrator and the City Attorney
notify, with the appropriate correspondence, that this, in fact, would be
an additional violation of the Municipal Code, and further, that there were
conditions outstanding to date that should be complied with. The motion was
duly seconded by Councilman Bathgate and passed by unanimous vote. (Note:
This property of concern lies at the Southwesterly corner of Camino Capistrano
and Del Obispo Street and comprises approximately some 19+ acres.)
NEW BUSINESS
-,;--� (a) A proposed resolution for the adoption of the "Mediterranean Theme" of archi-
tecture for the structures within the new Dana Point Harbor improvement was
a matter of concern that had been projected by the Orange County Chamber of
Commerce. This proposal was amplified by Mayor Durnford wherein it had an
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assessment and advantage for this Council to make an endorsement of this
theme for some tie with the aesthetic value for the area. Councilman Buchheim
therefore offered a resolution adopting the "Mediterranean Theme" and the
resolution was adopted and passed by a vote of 3 to 2, Councilman Forster and
Councilman Olivares voting "No".
7-//(,(b) The City Administrator read a format of "inferred protest" of inclusion of
land previously having been processed by the Local Agency Formation Commission
and having approval for the annexation, being included within the area proposed
by the Capistrano Beach and Dana Point areas for incorporation. The public
hearing for this proposal is to be before the LAFCO at 2:30 PM Wednesday,
July 13, 1966. There was a majority concurrence in the five points related by
the City Administrator wherein the City would take firm stand in statement form
before the LAFCO. To amplify this, Mayor Durnford offered a resolution author-
izing the City Administrator in his attendance at the public hearing to so
relate these five points before LAFCO. The resolution was approved and adopted
by unanimous vote.
RECOMMENDATIONS AND REPORTS
(a) City Administrator - Ernest A. Thompson
(1) Having had a session with the District Engineer of the State Division
of Highways, District 7, the City Council saw fit to amplify their
position by adopting another resolution requesting the approval of the
connection to the San Diego Freeway (Interstate Route 5) with that
arterial highway of the City of San Juan Capistrano, namely, Camino Las
Ramblas. Councilman Buchheim offered the resolution, and it was approved
and adopted by unanimous vote.
(2) The City Administrator requested that in view of the submittal of
Exhibit "B" of the proposed budget for fiscal year 1966-67, that the
Council consider holding work sessions to review the corrected and
revised budget. Mayor Durnford set 2:00 PM, Monday, July 18 as a time
which those members of the Council would be in session to review this
matter.
(b) Director of Finance - Harold L. Albert
Related that the auditor from the Federal Government had reviewed the expendi-
tures and accounts with regard to PL 660 authorization and reported that every-
thing had been found in order and it would be approximately two weeks before
the City would be in receipt of the remaining monies due it.
(c) Director of Public Works - T. J. Meadows
In view of the hour and concerned with nothing of real importance, he related
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a problem of racial discrimination
and a laugh.
This offered the Council some relaxation
(d) City Engineer - Jack Y. Kubota, related three items:
(1) Reiterating the letter of notice from the Mayor that a property owner's
meeting with the City officials would be held Thursday, July 14, 1966,
at 7:30 PM in the Council Chambers with regard to the Alipaz Street
improvement of the Arterial Highway Financing Project No. 307.
(2) Val Verde Corp. monumentation bonds are still to be in full force and
effect based upon a factor that erroneous reporting of the engineer had
implied that the requirements had been met.
(3) Street opening plans for encroaching upon the Capron property was
related by the City Engineer wherein there had been notice from the
City Attorney that the Executor, or more properly called Conservator,
had given authority to tresspass in order to avail himself of proper
field information.
(e) Councilman Buchheim
Inquired as to the placement of the three trash receptacles that had been
donated to the City by local Girl Scout troop. Mayor Don Durnford is to follow
through on this.
(f) Councilman Forster
Suggested that if at all possible, some official of the City should approach
the Postmistress, Grace Belardes, and advise her accordingly as to the official
stand of the City in view of the prohibition of the installation of curbline
postal boxes, also supplying her with base city maps delineating those streets
which are public and private and also providing the appropriate dimensions of
street widths thereon.
(g) Mayor Durnford
Is still being approached with concern as to the speed exhibited within new
subdivisions, more particularly that of Casitas Capistrano. Also concerned
with traffic delineation by striping along the Ortega Highway adjacent to
the Walnut Grove Restaurant wherein the State has provided a pedestrial strip
in anticipation of the construction contract for the reconstruction and re-
alignment of that bridge over the San Diego Freeway for the Ortega Highway.
The City Administrator is to contact the official with the State Division of
Highways for resolving this matter.
Along the same line of traffic control and delineation, Councilman Buchheim
asked of the Mayor if some correction could be made with regard to centerline
striping on Del Obispo Street adjacent to Tract 5399, which is the Dike and
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Colgrove Tract. By improvement of Del Obispo, the subdivider has dedicated
and improved the ultimate one-half section thereby allowing excessive street
widths along this section of public street of Del Obispo. The problem evolves
to the degree that left turn procedure from the subdivision encounters fast
traffic in the eastward direction along Del Obispo. The City Administrator
is to resolve this matter.
ADJOURNMENT
There being nothing further of business for the City Council to consider at
this time, the meeting adjourned at 11:08 PM until 6:000 PM Monday, July 8, 1966.
City
These are the official proceedings of the City Council of the City of San Juan
Capistrano at their regular meeting held July 11, 1966.
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