66-1219_CC_Minutes_Regular Meeting203
Minutus of the Meeting of the City Council of San Juan Capistrano
DECEMBER 19, 1966
The regular meeting of the City Council was called to order at 6:03 PM by
Mayor Don Durnford.
The pledge of allegiance was recited
John B. Dawson.
The invocation was given by City Attorney,
Mayor Durnford requested all to stand in silent prayer for one minute to honor
the memory of the late Councilman Marco F. (Tom) Forster.
The City Clerk called the roll. Councilmen present: William A. Bathgate,
Carl E. Buchheim, Antonio M. (Tony) Olivares and Don Durnford.
The minutes of the regular meeting of December 5, 1966, were approved as pre-
sented. As there was no meeting held December 12, the agendas of December 12 and
December 19 were combined as follows:
WRITTEN COMMUNICATIONS
(a) Request from City Manager, Kenneth E. Carr, City of San Clemente, for City
officials to attend meeting December 20 regarding the possibility of eventually
utilizing City ocean outfall. With Council permission, Mayor Durnford to
discuss matter at meeting.
(b) Letter from Engineering -Science, Inc., regarding proposal from Pictorial Sciences,
Inc., stating they will aerial survey sewer lines for $3,800 and area within
city limits to the north and west of San Juan Creek for $5,500. Director of
Public Works defined lines on map. Councilman Bathgate, seconded by Councilman
Buchheim, moved that Pictorial Sciences, Inc., be authorized to make the entire
aerial survey as proposed. Motion carried unanimously. So ordered.
„s ;(c) Col Willcox presented Road Development Agreement signed by Ervin L. Watkins
and property owners of Capistrano Airport and Industrial Park for proposed
access road. Discussion with legal counsel followed. Property owners agreed
. to modification of this document.
Councilman Buchheim offered a resolution authorizing the Mayor and City Clerk
to execute the Agreement, subject to the approval of legal counsel and engineer-
ing staff. The resolution was passed, approved and adopted by unanimous vote.
Councilman Bathgate then offered resolution determining the necessity for, and
directing the acquisition by eminent domain of certain real property for high-
way and public utility purposes, which City Attorney read by title only. The
resolution was passed, approved and adopted by unanimous vote.
(d) Proposal from San Diego Gas & Electric Company regarding leasing of their
facilities to City for temporary service and storage yard. Councilman Buchheim,
seconded by Councilman Bathgate, moved that City Attorney, upon recommendation
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of Director of Public Works, negotiate agreement with SDG&E legal counsel.
Motion carried unanimously.
PUBLIC HEARING - Proposed Mission Hills Ranch Annexation
Mayor Durnford opened public hearing. No one appeared to oppose the proposed
annexation. Mr. John King, representing Royal Street Development Company, appeared
before Council on behalf of the proponents requesting the annexation. He stated
owners have had thorough aerial survey made of their properties, which will be made
available to the City. Public hearing closed.
City Attorney stated that this being 100% petition, annexation could be
accomplished by resolution only. Councilman Bathgate offered resolution accepting
annexation of Mission Hills Ranch. The resolution was passed, approved and adopted
by unanimous vote.
TREASURER'S REPORT
The statement of cash receipts and disbursements for the month ending November
30, 1966, were presented by City Treasurer, Alice M. Ross. Councilman Bathgate,
seconded by Councilman Buchheim, moved that the financial statement for the month
of November be filed for audit. Motion carried unanimously.
ORAL COMMUNICATIONS
Mr. Don Absey, representing National Associates, Inc., presented proposal for
employee retirement program, updating proposal presented last year. No action taken
at this time.
PLANNING COMMISSION MATTERS
City Administrator read memorandum from Secretary of the Planning Commission
denoting actions taken at their meeting of December 6, 1966.
UNFINISHED BUSINESS
(a) Transamerica Development Co. request for temporary driveway in area of model
complex (Tract 6121). Councilman Buchheim, seconded by Councilman Bathgate,
moved that permission be granted for temporary driveway for a period of one
year with right of application of renewal for one year, subject to conditions
outlined by City Engineer. The granting of this by City Council in no way
waives the jurisdiction of dedicated vehicular access rights to the City of
San Juan Capistrano. Motion carried unanimously.
(b) Support in establishment of College of Medicine at UC -Irvine, as set forth
in Resolution from City of Garden Grove. Councilman Buchheim offered a reso-
lution in support of this cause. The resolution was passed, approved and
adopted by unanimous vote.
(c) Recommendation for changes in Section 143 of California Streets and Highways
Code as set forth in Resolution from City of Stanton. City Administrator to
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attend City Manager's meeting and will inquire as to other cities' attitude
in the matter. Subject deferred to meeting of January 9, 1967.
NEW BUSINESS
(a) Easement Deed for Sewer Trunk Line General Obligation Bond, LAS -478, Parcel
No. 19 (Eugenie Oyharzabal, Caaman Oyharzabal and Therese Rodriguez), provid-
ing for payment of $3,120.55. Mayor Durnford, seconded by Councilman Bathgate,
moved to accept the Easement Deed. Motion carried unanimously. So ordered.
(b) Bonds and Agreements, Tract 5974 (Kolbet). Supplemental $7,000 for work
outstanding. Mr. Mike Koll appeared before Council and discussed situation
with City Engineer. Mayor Durnford, seconded by Councilman Bathgate, moved
that supplemental Bonds and Agreements be accepted and that original Bonds
and Agreements be exonerated in connection with guarantee of construction
of street improvements within Tract No. 5974. Motion carried unanimously.
(c) City Engineer requested resolution for project funds on Alipaz Street, AHFP
Project No. 307. Councilman Bathgate offered a resolution requesting the
County of Orange to include within the Arterial Highway Financing Program
the development of Alipaz Street and provide for additional funding for right
of way acquisition. The resolution was passed, approved and adopted by
unanimous vote.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
(1) Minutes of Board of Supervisors meeting indicate they have instructed
Road Department and Sheriff's Office to review and report condition of
trash on Camino Capistrano in area of dump.
(2) Public Hearing set for January 11, 1967 regarding proposed incorporation
of Dana Point/Capistrano Beach. Maps have been modified due to County
"islands" between two cities.
(3) As December 26, 1966 and January 2, 1967 have been designated legal
holidays, Monday Council meetings are to be held on following Tuesdays.
(b) City Attorney, John H. Dawson
Regarding filling of Council vacancy, stated from a legal standpoint, there
were two methods: (1) Council may appoint, within 30 days, someone for unex-
pired term, or (2) special election may be called.
Councilman Olivares, seconded by Mayor Durnford, moved that a special election
be held to fill the vacancy. Several Councilmen preferred more time in which
to render a decision. Mr. Dawson then explained that filling of a vacancy
prior to 30 day period must be by appointment. After 30 days have elapsed, it
is incombent to call an election. The motion and second were then withdrawn.
,Council to decide matter at meeting of January 9, 1967.
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(c) Director of Public Works, T. J. Meadows
(1) Damage to sewer lines in AD 64-1 due to storm. Two manholes gone.
Flood Control has rebuilt dike in sand. Fortunately, no one connected
to that particular line.
(2) Flood Control still removing debris on Ganado Bridge.
(3) Received three bids for construction on Ramos Street - Morgan Paving Co.
($1,600), Stevenson Equipment Rentals ($2,400), and Magee & Araiza, Inc.
($2,379): Councilman Bathgate, seconded by Councilman Buchheim, moved
that Morgan Paving Company be awarded the contract. Motion carried
unanimously and was so ordered.
(4) Observed Mission Viejo watering golf course during rain. They were
assured this was in direct violation of water control regulations.
(5) Was in receipt of memorandum from Director of Finance, Harold L. Albert,
regarding pick-up truck for City. Contract for purchase awarded to
Chuck Patterson Chevrolet in the amount of $2,197.24.
(d) City Engineer, Jack Y. Kubota
(1) Working on storm damage on Tracts 5733 and 5947. Darmi Tract also
had washout on Via California leaving debris on streets.
(2) Reopening drain on Swanner property. Has advised him that drain is to
remain open.
(e) Councilman Bathgate
Recommended that when there is any application for license through Alcoholic
Beverage Control Board, it should be brought to the attention of the Council
and the Planning Commission so they may be kept up to date on these matters.
(£) Councilman Olivares
Received complaint from resident of San Juan Terrace regarding trash in area.
It was suggested that citations be given to violators.
ADJOURNMENT
The meeting adjourned at 9:03 PM. In accordance with ordinance and law,
next Council meeting will be held Tuesday, December 27, 1966.
giffiest A. Thompson
City Clerk -Administrator
These are the official proceedings of the City Council of the City of San Juan
Capistrano at their regular meeting of December 19, 1966.
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