65-0628_CC_Minutes_Regular MeetingMinutes of the Meeting of the City Council of San Juan Capistrano
JUNE 28, 1965
The regular meeting of the City Council was called to order at 7:30 P.M.
by Mayor Don Durnford.
The pledge of allegiance was recited. The invocation was given by Ernest
A. Thompson, City Administrator.
The City Clerk called the roll. Councilmen present were: William A. Bath-
gate, Carl E. Buchheim, Edward S. Chermak, Antonio M. (Tony) Olivares and Mayor
Don Durnford. Councilmen absent: None.
The minutes of the regular meeting dated June 14, 1965 and the adjourned
regular meeting of June 23, 1965, stand as corrected. It was suggested that a
vote be taken to establish a policy of Aye and No votes on motions.
WRITTEN COMMUNICATIONS
(a) San Juan Capistrano Soil Conservation District Request - Due to the absence
of the City Attorney, this matter was deferred for later discussion.
(b) Wm. B. Honsberger's letter re: sewer connection.
Councilman Chermak stated that since the property involved is not
within the City of San Juan Capistrano, no action on this request should
be taken at this time. Councilman Buchheim stated that the Capistrano
Beach Sanitary District should approach the San Juan Capistrano City Council
on this problem.
(c) California Disaster Office - Re: Title VI of the Civil Rights Act of 1964.
Councilman Chermak made a motion that this matter be tabled for
the evening. Councilman Bathgate seconded the motion and it carried
unanimously. So ordered.
(d) Letter - William E. Dannemeyer, Assemblyman, California Legislature - Re:
Reapportionment - Informational. _
(e)
Division of Highways - Re: Notice of
Public Hearing, San
Diego Freeway -
Informational.
(f)
Cemetery Board, State of California -
Re: Enforcing Part
5, Division 8
of the Health and Safety Code - Informational.
(g)
Public Utilities Commission, State of
California - Order
instituting investi-
gation of File #8209 - Informational.
(h)
Public Utilities Commission, State of
California - Order
instituting investi-
gation of File #8209 - Informational.
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(i) Public Utilities Commission} State of California - Application of Orange
Coast Sightseeing Corp. - No action was taken on this issue as it requires
legal advice.
TREASURERIS DEMANDS
The list of demands and accounts payable on July 1, 1965, was submitted
by the City Treasurer, Alice M. Ross.
Councilman Bathgate moved that salaries and accounts payable for the month
of June 1965 be paid, including Warrant Nos. 1333 thru 1374, except for No. 1354,
to be voided, for a total amount of $176,398.34• Councilman Chermak seconded
the motion and it carried unanimously. So ordered.
PUBLIC HEARING
Proposed abandonment of sewer easement in Mission Plaza Shopping Center.
Mayor Durnford opened the public hearing.
No one appeared to oppose the proposed abandonment, therefore, there were
"No Protests".
Councilman Bathgate offered a resolution declaring that there was a "No
Majority Protest". The resolution was passed, approved and adopted by a unanimous
vote.
Mayor Durnford offered a resolution approving the abandonment of the exist-
ing sewer easement in the proposed Mission Plaza Shopping Center by a Quit Claim
Deed. The resolution was passed, approved and adopted by a unanimous vote.
PLANNING COMMISSION MATTERS
(a) Reports:
(1) DL 65-103 (Stroschein):
Secretary of Planning Commission reported Commission approval
on the above item.
(2) Tentative Tract Map 5622 - 5th Rev. (Kolbet):
Secretary of Planning Commission reported Commission approval
on the above item.
(3) Tentative Tract Map 5975 (Kolbet):
Secretary of Planning Commission reported Commission approval
on the above item.
(4) Tentative Tract Map 5947 (Casitas Capistrano):
Secretary of Planning Commission reported Commission approval
on the above item.
(b) Recommendations:
(1) LUV 65-109 (Porter):
The Secretary of the Planning Commission submitted a memorandum
to the City Council recommending approval of a rear yard variance and
denial of a side yard variance.
Councilman Buchheim made a motion that the recommendation of the
Planning Commission be upheld. Councilman Bathgate seconded the motion
and it carried unanimously. So ordered.
(2) LW 65-110 (Romarco Realty):
The Secretary of the Planning Commission submitted a memorandum,
dated June 23, 1965, to the City Council recommending denial of this
variance.
Mr. Morris, a representative of Shell Oil Company, made an appeal
for erection of the sign.
Mrs. Waddell spoke opposing the variance.
Councilman Buchheim made a motion that the recommendation of the
Planning Commission be upheld. Councilman Chermak seconded the motion
and it carried by a majority vote. Councilman Olivares voted "No".
(a) The City Administrator recommended that a resolution be passed to establish
the position of Director of Finance and to employ the applicant at a speci-
fied salary range.
Mayor Don Durnford offered a resolution to establish the position of
Director of Finance. The resolution was passed, approved and adopted by
the following vote, to wit: Ayes: Councilmen: Bathgate, Buchheim, Chermak,
Durnford. Noes: Councilman: Olivares.
(b) CATV Franchise - Proposed Ordinance - Due to the absence of the City
Attorney, the City Administrator advised that the matter be carried over
until the next regular meeting.
(c) Orange County Water Works District #4 - Transfer of Jurisdiction - Bartle
Wells Assn. report - to be continued.
"TEN MINUTE RECESS............
(d) City - County Contracts:
(1) Health Services (1 year)
(2) Street Construction and Maintenance (1 year)
(3) Material Soils Laboratory Services (1 year)
(4) Building and Safety Department Services (1 year)
(5) Police Patrol Protection Services (1 year)
(6) Prisoner Care (1 year)
(7)' Fire Protection Services (1 year)
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Upon the recommendation of the City Administrator, and with the
submittal of the agreement drafts by the County Counsel offices,
County of Orange, providing for the renewal of all services for one
year with the provision, advised by the County Counsel's office, that
the appropriate amendment could be executed whereby Fire Services could
be provided for the requested five year term and its stipulation of
one year notification for termination on the part of either party.
Councilman Bathgate offered a resolution to authorize the Mayor
and the City Clerk to execute the contract agreements. The resolution
was passed, approved and adopted by a unanimous vote.
(e) Resignation of Commissioner Alarcon:
Upon verbal statement of the City Administrator, the City Council was
notified of the resignation of Commissioner Tony Alarcon effective as of
July 1, 1965.
Councilman Bathgate to recruit and/or submit the recommendation for
replacement.
NEW BUSINESS
(a) Freeway Agreement, State Division of Highways - Re: San Diego Freeway
widening.
City Engineer, Jack Y. Kubota, reported that he had met with Mr.
Weatherholt of the State Division of Highways. He set up a tentative meeting
with Mr. Weatherholt for later in the week and invited members of the
Council to meet with them to continue discussion.
(b) Exoneration of Bonds and Agreements - Tract 5399 - Dike and Colgrove.
Councilman Chermak offered a resolution that the street lighting and
monumentation bonds on Tract 5399 be exonerated. The resolution was passed,
approved and adopted by a unanimous vote.
(c) Exoneration of Bonds and Agreements - Tract 5675 - Dike and Colgrove.
Councilman Bathgate offered a resolution exonerating all but the street
bond. The resolution was passed, approved and adopted by a unanimous vote.
(d) San Juan Capistrano Soils Conservation District.
Director of Public Works, T. J. Meadows, recommended that the City
enter into this agreement.
Councilman Chermak offered a resolution that the City will participate
in the Soils Conservation program. The resolution was passed, approved and
adopted by a unanimous vote.
(e) Civil Defense and Disaster - Proposed Resolution.
This matter was tabled for further discussion.
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(f) Acceptance of Easement Deed, Parcel #5, Assessment District No. 64-1.
Councilman Chermak offered a resolution of acceptance and recordation
of Easement Deed, Parcel #5, Assessment District No. 64-1 (1911 Act). The
resolution was passed, approved and adopted by a unanimous vote.
RECOMMENDATIONS AND REPORTS
(a) City Administrator - Ernest A. Thompson
Reported on League of California Cities General Meeting.
(b) Director of Public Works - T. J. Meadows
Reported on a request from the builders of the Veterinary Hospital for
sewer connecting charges. He recommended the connection charge be $200.00.
(c) City Engineer - Jack Y. Kubota
(1) Has heard nothing further from Southern Counties Gas Company re:
alternate transmission route.
(2) Construction bogged down considerably in heavy construction.
(3) Tract 5946 - Second unit, Casitas Capistrano. Ready for improvement
plans and map.
(4) Drainage problem in Drive-in theater. State is more receptive to
drainage problems between City, County and State.
(d) Councilman Buchheim
Should keep pressure on County to clean up trash on Camino Capistrano.
(e) Mayor Durnford
Reported tickets are on hand for Preview of Festival of Arts, July 99 1965.
The meeting adjourned at 11:12 P.M. until 7:30 P.M. Thursday, July 81 1965.
City
These are the official proceedings of the Regular Meeting of the City Council of
the City of San Juan Capistrano, held on the 28th day of June 1965.
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