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65-0927_CC_Minutes_Regular MeetingMinutes of the Meeting of the City Council of San Juan Capistrano SEPTEMBER 27, 1965 The regular meeting of the City Council was called to order at 7:35 PM by Mayor Pro Tem, Antonio M. (Tony) Olivares. 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. Councilmen absent: Mayor Don Durnford. The minutes of the regular meeting and the executive session dated September 13, 1965, were approved as submitted. WRITTEN COMMUNICATIONS (a) Orange County League of Cities - Notice of Breakfast at the Conference - Informational (b) Resolutions - Cities of Stanton, Huntington Beach and Fountain Valley - Re: Urging Board of Supervisors to dissolve Orange County Harbor District in favor of a Department of Parks and Harbors - Informational Councilman Buchheim suggested deferring any action pending legal opinion from the State Attorney. TREASURY DEMANDS AND ACCOUNTS PAYABLE The list of demands and accounts payable on October 1, 1965, was submitted by the Director of Finance, Harold L. Albert. Councilman Buchheim moved that the accounts due and payable on October 1, 1965, be paid, including Warrant Nos. 1449 through 1482, for a total amount of $93,233.86. Councilman Bathgate seconded the motion and it carried unanimously. So ordered. PLANNING COMMISSION MATTERS (a) Reports: (1) The Secretary of the Planning Commission submitted a memorandum to the City Council re: Amendment #1 to City Master Plan of Streets and Highways and setting date for Public Hearing on October 26, 1965. (2) The Secretary of the Planning Commission submitted a memorandum to the City Council regarding approval of RP Site Plans for the Darmi Tract, subject to submittal of a comprehensive landscaping plan to the Planning Commission, and stating that a Certificate of Use and Occupancy will not be issued until the landscaping is completed. q--z-7-6t 6-1 (b) Recommendations: The Secretary of the Planning Commission submitted in memorandum form, a study of underground utilities, conducted at the request of the City Council. City Attorney, John H. Dawson, stated that he would prepare a draft of recommended changes in Ordinance No. 56 which would require all new subdivisions to have underground utilities. Upon receipt of this draft, Council may set date for a public hearing on said changes. UNFINISHED BUSINESS (a) Exoneration of Stret Improvement Bond, Tract 5399 - City Attorney, John H. — Dawson, reported that the Building Department of Orange County would not release the grading bonds until instructed by the City. Council instructed the City Attorney to obtain a list of conditions that the developer had to comply with to obtain grading permit. The City Attorney, with regard to Street Improvement Bonds of Tract 5399, stated that as a matter of policy, it would not be wise to hold the bonds if all conditions imposed thereon had been complied with. Councilman Buchheim moved that the City exonerate the Street Improvement Bonds for Tract 5399. The motion was seconded by Councilman Bathgate and was carried unanimously. So ordered. (b) LUv 65-119 (Union Oil Company) - Mr. Louie Weir of the Union Oil Company, on behalf of the applicants, made a request to appeal the action of the Planning Commission. After discussion of the variance, Councilman Buchheim moved that the matter be continued until the next regular meeting subject to submittal of plans by the applicants for the new sign. The motion was seconded by Councilman Chermak and it carried unanimously. So ordered. (c) Easement Deed (Fairlane Homes) - City Engineer, Jack Y. Kubota, reported on the storm drainage facilities in Assessment District 64-1. The City Adminis- _ trator recommended that the matter be referred back to Land Acquisition Service for new documents for the easement. NEW BUSINESS (a) Letter from St. Jude Children's Research Hospital re: Teen Ager's March. Councilman Bathgate moved that the request from the St. Jude Hospital be denied. Councilman Buchheim seconded the motion and it carried unanimously. So ordered. The City Administrator was requested to advise the St. Jude Hospital in letter form the reasons for the denial. (b) Letter from Mater Dei High School re: Permit for selling chocolate bars by students. y--2-7-65 31 Councilman Buchheim made a motion that the permit be granted as requested, and it was duly seconded by Councilman Bathgate. The motion carried by a unanimous vote, and was so ordered. (c) Easement Deed, Marvel Development - Camino Capistrano and Del Obispo rights-of-way. Councilman Bathgate offered a resolution that the Easement Deed be accepted on behalf of the City and that the City Clerk be instructed to record same with the Orange County Recorder's office. The resolution was passed, approved and adopted by a unanimous vote. (d) Proposed ordinaance repealing Ordinance No. 24, Section 16, paragraph 18, Contractor and Sub -Contractor Fee Schedule. The City Administrator recommended that the City Attorney draft an appro- priate ordinance, reflecting State legislation, reducing Contractor and Sub - Contractor fee schedules for those contractors operating from outside the City Limits. (e) Proposed contract for street sweeping. It was suggested that the City Administrator obtain bids from companies owning larger street sweeping machines, and also inquire into the cost of a machine for the City's own use and operation. (f) Letter from Konstantin Sparkuhl, M.D., re: Abandonment of public way known as Arguella Way Councilman Buchheim moved that the request be denied and that Arguella Way be continued as a public street. The motion was seconded by Councilman Chermak and was carried unanimously. So ordered. The City Administrator was advised to go ahead with plans for reopening of the road. RECOMMENDATIONS AND REPORTS (a) City Administrator, Ernest A. Thompson, reported that the City has received a payment from PL -660 of $240,200.00, a Federal grant. (b) City Attorney, John H. Dawson, stated that he had had a meeting with Glendale Federal people who are financing Val Verde Tract. Problems at Val Verde are going to work themselves out, hopefully. (c) Director of Public Works, T. J. Meadows: (1) Read letter from Engineering -Science, Inc., Re: Operation of Treat- ment plant. It was recommended that Engineering -Science render a formal proposal, but that recruitment of a permanent operator of the plant be left up to the discretion of the City Council. It was also recommended that Mr. Sampson and Mr. Feeney be invited to attend 9- 27-bf 32 the next Council meeting to discuss the matter. (2) Presented a letter from Orange County Flood Control District enclosing a permit to install and maintain sanitary sewer facilities. Councilman Buchheim moved that the Mayor of the City of San Juan Capistrano execute the permit as submitted by the Flood Control District. The motion was seconded by Councilman Bathgate and carried unanimously. So ordered. (d) City Engineer, Jack Y. Kubota: (1) Reported on Southern Counties Gas Company proposed gas pipeline, as revised. The gas company submitted revised application for permit showing private easements acquired since last meeting. (2) Reports on subdivision construction: (a) Tract 5733 all paved. (b) Activity on storm drainage system, Darmi Tract. (e) Councilman Bathgate again spoke of sycamore tree on Camino Capistrano blocking vision. (f) Councilman Buchheim inquired as to progress on Carter sign situation for removal. (g) Councilman Chermak measured sign (LUV 65-121), and found it to be 36' in height, plus 2' light at easterly end of sign, making a total height of 381. ADJOURNMENT The meeting adjourned at 10:00 PM. Er est 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 27th day of September 1965.