65-0823_CC_Minutes_Regular MeetingMinutes of the Meeting of the City Council of San Juan Capistrano
AUGUST 23, 1965
The regular meeting of the City Council was called to order at 7:37 p.m. by
Mayor 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 were: William A. Bathgate,
Carl E. Buchheim, Edward S. Chermak, Antonio M. (Tony) Olivares and Don Durnford.
The minutes of the regular meeting dated August 9, 1965, were approved as
submitted.
WRITTEN COMMUNICATIONS
(a) Notice - Orange County League of Cities - Meeting for month of August, 1965 -
Informational.
(b) Letter from Mrs. Thomas J. Birmingham, re: Del Obispo Street.
The City Administrator was advised to reply to Mrs. Birmingham's letter explain-
ing the situation on excavation, ingress and egress and the excessive speed
of heavy trucks.
(c) Letter from Moulton -Niguel Water District, Re: Merger of District No. 12 -
Informational.
(d) Letter from office of Supervisor Alton E. Allen regarding Fifth Orange County
Economic Development Conference to be held October 8, 1965.
Councilman Bathgate offered a resolution to endorse the 1965 Conference of
the Executive Committee from the Fifth Orange District. The resolution was
passed, approved and adopted by a majority vote. Councilman Olivares voted
"No".
COMMITTEE REPORTS
San Juan Capistrano and Dana Point Sanitary Districts Joint Powers Committee.
Director of Public Works, T. J. Meadows, reported that the meeting was being held
up due to the manager of the Dana Point Sanitary District being on vacation.
TREASURY DEMANDS AND ACCOUNTS PAYABLE
The list of demands and accounts payable on September 1, 1965, was submitted
by the Director of Finance, Harold L. Albert.
Councilman Bathgate moved that the accounts due and payable on September 1,
1965, be paid, including Warrant Nos. 1412 through 1448, for a total amount of
$13,135.31. Councilman Buchheim seconded the motion and it carried unanimously.
So ordered.
PLANNING COMMISSION MATTERS
(a) Reports:
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(1) Tentative Tract Map 5592 (Rev. #1) (Fairlane Homes). The Secretary of 17
the Planning Commission submitted a report and Resolution No. 65-8-17_1
approving Tentative Tract Map 5592 (Rev. #1) approving proposing a 173
residential and one common lot subdivision in the PD District, subject
to 17 conditions.
(2) Orange County Master Plan Arterial Highways, Amendment #91. The Secretary
of the Planning Commission reported that a study is being made on subject
Master Plan, and a presentation by the City Engineer is scheduled for the
Planning Commission meeting on September 7, 1965.
(3) The Secretary of the Planning Commission reported approval of PD Site
Plans for a Recreation Building, Tract 5946 (Casitas Capistrano).
(4) The Secretary of the Planning Commission submitted a report stating that
proposed street names for tracts by developers had been approved. The
maintenance of this current list eliminates duplication.
(5) The Secretary of the Planning Commission reported that the request for
exception of depth requirement of Ordinance No. 56 for Lot 24, Tract
5947 (Kolbet) received and approved.
(6) The Secretary of the Planning Commission reported that a Public Hearing
has been set for September 7, 1965, re: Land Use Variance 65-119 (Union
Oil Co.) to permit a front yard encroachment and signs over maximum 100
sq, ft.
(b) Recommendations:
(1) Land Use Variance 65-117 (Presbyterian Church). The Secretary of the
Planning Commission submitted a report recommending approval subject to
conditions.
Mr. Birtcher and Mr. Senefeld were present and asked the Council to
relieve them of the responsibilities of conditions Nos. 4 and 7 that the
Planning Commission recommended to be imposed as conditions of approval.
Councilman Buchheim introduced a motion to uphold the recommendation of
the Planning Commission with the exception of Condition 4, which is to be
changed to read: "that until such time as a City municipal sewer system
becomes available to the property for connection, a temporary on-site
sewer facility is authorized for the proposed use, subject to the approval
of the Orange County Health Department." Condition numbers 1, 2, 3, 5, 6
and 8 of the Planning Commission's recommendations and Condition 4
stated in this motion shall apply. The motion was seconded by Councilman
Chermak, and was carried by a majority vote. Councilman Bathgate abstained
because of his affiliation with the Church.
(2) Land Use Variance 65-118. The Secretary of the Planning Commission sub-
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mitted a memorandum recommending approval of LUv 65-118, subject to
conditions. Mr. McCracken asked that the matter be deferred until the
next regular meeting of the City Council.
Councilman Chermak moved that this item be continued until the next
regular meeting. The motion was seconded by Councilman Buchheim, and it
carried unanimously. So ordered.
(3) The Secretary of the Planning Commission submitted a report recommending
denial of request for delay in installation of masonry wall in Tract 5946.
Councilman Buchheim moved that the recommendation of the Planning Commission
I
be upheld. The motion was seconded by Councilman Bathgate and it carried
unanimously. So ordered.
UNFINISHED BUSINESS
(a) Acceptance and/or adoption of Budget for 1965-66.
Councilman Chermak introduced a motion to accept the recommendation of the City
Administrator for receipts and expenditures for fiscal year 1965-66. The
motion carried by a majority vote. Councilman Olivares voted "No".
TEN MINUTE RECESS
(b) Fixing Salary of City Treasurer.
Upon lengthy discussion of the matter, it was concurred by members of the
Council that salary should remain the same and that through the advise of the
City Attorney, there was no further action necessary based upon the existing
Ordinance setting forth same.
(c) State Division of Highways Freeway Agreement, Re: San Diego Freeway widening.
City Engineer, Jack Y. Kubota, made a presentation on the Freeway Agreement
and asked that the City Council consider approval of the agreement.
Councilman Buchheim offered a resolution that the City Council approve the
agreement, subject to items as outline by the City Engineer. The resolution
was passed, approved and adopted by a unanimous vote.
NEW BUSINESS
(a) Request from San Juan Capistrano Fiesta Association for renewal of Franchise
Permit covering Fiesta Parade.
Councilman Buchheim moved that permission be granted subject to previous con-
ditions with emnhnsis placed on items where difficulty was encountered in last
vear's parade. The motion was seconded by Councilman Bathgate and was carried
by a unanimous vote. So ordered.
(b) LUV 64-113 (Drive -In Theater) - Letter from Schlegel and Friedemann, Re:
Stroschein Variance.
Councilman Buchheim introduced a motion that the request be tabled until the
g_23-65
October 25, 1965. The motion was seconded by
carried unanimously. So ordered.
Gas Company for excavation permit for construct -
in City.
Southern Counties Gas Company, stated that they
vate in the City streets over a four mile stretch
would approve the excavation permit subject
City Engineer.
matter be tabled until the next regular meeting
13th, pending a report from the City Engineer.
"nI mot,, nn tan= secorrieri Y; Councilman Buchheim and it carried unanimously.
So �rdererl,
W Petition of Orange Count.v Commuters Association for Public Utilities Commission
Rehering of Decision No. 69511. Re: The Atchison, Topeka and Santa Fe Rail-
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wav Company.
Councilman Buchheim moved to support the Joinder in Petition for Rehearing.
The motion was seconded by Councilman Bathgate and it carried unanimously.
So ordered.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
(1) Reported on letter from Orange County Building Department re grading
permits - Tracts 5399 and 5675• City Attorney to write letter demanding
full explanation.
(2) Tidelands Annexation - City of San Clemente - Informational.
(3) Superior Court rendering re: Assessment District 64-1. Granted approval
to proceed. Contractor to start work within 15 days.
(4) Tel -I -Clear TV. Jack Kent Cook Division is the only company who has com-
plied with CATV Franchise Ordinance.
(5) Changes in legislation effective September 17, 1965, California League
of Cities.
(6) Figures on 1965-66 budget will be corrected, paying $1,200 to City
Treasurer and adding $200.00 for mileage to Deputy License Collector.
(7) Health and Welfare Retirement Plans. Deferred to an Executive Session
after the next regular Council meeting.
(8) City Administrator salary. Councilman Chermak moved that the salary of
the City Administrator be increased effective July 1, 1965. Mayor Don
Durnford seconded the motion. There was a 2 to 2 vote, and Councilman
Buchheim abstained; therefore, under parlimentary process the motion was
denied. p 2 3 - 6S
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(b)
Director of Public Works, T. J. Meadows
(1)
Assessment District 64-1 cleared.
(2)
Federal Grant - Completed all necessary paper work. Requested Federal
Housing Administration to inspect the site. Will be 100% complete in
October.
(3)
Sewage problem on Kolbet Tract.
(c)
City Engineer, Jack Y. Kubota
(1)
Also spoke of sewage problem in Kolbet Tract and Val Verde Tract.
(2)
Construction program is proceeding.
(3)
Tract 5947 Street Improvement, La Zanja and Camino Capistrano. Trees
are to be removed.
(d)
Councilman Buchheim
(1)
Asked status Re: City Building Department. City Administrator stated
that by utilizing County Building and Safety Department, City gained
$5, 248.11.
(2)
Inquired of Council if Soils Engineer does or does not require City
License.
ADJOURNMENT
The
meeting adjourned at 12:37 A.M. Tuesday, August 24, 1965.
Er st 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 23rd day of August 1965.
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