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65-1227_CC_Minutes_Regular Meeting4 (b) Underground Utilities - Secretary of the Planning Commission submitted a Planning Commission recommendation that further action be taken to assure all new construction have underground facilities and that there be no exten- sion of overhead facilities to service new construction without Council approval. Mayor Durnford moved that the proposed Zoning Ordinance be changed to handle this matter and that the change will be reviewed by City Council. Councilman Buchheim seconded the motion and it passed by a unanimous vote. Mr. Webb, of San Diego Gas and Electric Company, offered his services to the staff, if they so desired. UNFINISHED BUSINESS (a) Val Verde Corp. - Councilman Bathgate moved that items (a), (b), (c) and (d) under Item No. 8 be stricken from the agenda and that Council actions of September 13, 1965, as pertains to item (a), variance for sign, be upheld, in that failure of the applicant to act terminates LUV 64-112, and staff directed to take necessary action to have sign removed. Councilman Buchheim seconded the motion and it carried unanimously. So ordered. (b) Mission Wax Museum No Parking Request. The City Engineer reported on the situation and recommended that seven (7) parking spaces be retained on Camino Capistrano. Mr. Drucker then asked for an amendment to create a Loading and Unloading Zone. Discussion closed. Councilman Buchheim moved to accept the parking plan as outlined by the City Engineer. Councilman Olivares seconded the motion and it carried unanimously. So ordered. (c) City Attorney John H. Dawson stated that since Ordinance No. 112 had been read in full at the adjourned meeting of December 20, 1965, he suggested that the second reading be by title only. Councilman Bathgate, seconded by Councilman Buchheim, moved that Ordinance No. 112, an urgency ordinance, be read by title only. With unanimous agree- ment, City Attorney read Ordinance No. 112 by title only. (d) McRae Company proposal for TV Cable Franchise - City Attorney pointed out the fact that whoever wishes to propose a franchise, must bear the cost of publication of same. Councilman Chermak made the motion that McRae Company be notified of the requirements for a television cable franchise. The motion was duly seconded by Councilman Buchheim and carried unanimously. So ordered. (e) LAS -476, Parcel No. 11 - Assessment District 64-1 (1911 Act), (Fairlane Homes, Inc.) - City Attorney reported on this item and stated wording in letter changed to read "may" to "shall". Land Acquisition Service to issue new deed. i z - -4.-7 -ba TENMINUTE RECESS ................. (f) Clarification of LAS -478, Parcel No. 15 - Sewer Trunk Line, General Obligation Bond (McCarthy Company). Letter received from Land Acquisition Service clari- fying the amount of $3,575.00, and the handling of the General Obligation Bond, as per Council action of December 20, 1965. Councilman Buchheim moved that the Mayor and City Clerk be authorized to sign Right -of -Way Agreement. The motion was seconded by Councilman Bathgate and it carried unanimously. So ordered. Councilman Buchheim then offered a resolution accepting the Easement Deed and authorizing payment in the amount of $3,575.00. The resolution was passed, approved and adopted by a unanimous vote. NEW BUSINESS (a) Letter, Glendale Federal Savings, Re: Improvements to San Juan Creek Road. Councilman Buchheim suggested, and the Mayor, with Council approval, directed the City Administrator to reiterate Council's action of November 8, 1965, and to specifically clarify paragraph 3 of Glendale Federal letter. Further, that a Certificate of Deposit in name of the City in lieu of a bond is acceptable, interest to remain with Glendale Federal but deposit subject to withdrawal only by the City. (b) Letter, George Drucker, President, Mission Wax Museum, Re: Request for Temporary Occupancy Permit. Discussion followed, with Mr. Drucker joining in. Mayor Durnford, with Counsel advice, moved that the Mission Wax Museum be granted a Temporary Certificate of Use and Occupancy as of December 30, 1965, for the museum portion of their development subject to the following conditions: (1) Owner shall, prior to being granted a temporary Use and Occupancy Certificate, file with the City a $5,000 Faithful Performance Bond or make a Certificate of Deposit in the name of the City in the amount of $5,000. (2) Time limit for completion 60-90 days. (3) Items to be guaranteed for completion are public improvements, private parking and drive to parking area. (4) Owner to furnish the City a duly authorized right of ingress and egress to insure completion. Councilman Chermak seconded the motion, including the Council amendments. Discussion then took place among the Councilmen for clarification of the motion. The request was denied by a 3 to 2 vote. RECOMMENDATIONS AND REPORTS (a) City Administrator / 2 - -A-7— A 1r 66 Since City Administrator left the meeting during the recess due to illness, Acting City Clerk, Robert K. Johns, reported on the following: (1) Construction Inspector and Deputy Business License Collector for City. Councilman Buchheim made a motion that the Mayor appoint a committee to report back to Council on the above matter. Mayor Durnford then appointed Councilman Buchheim to head the committee. He, in turn, appointed Council- man Chermak and Olivares. Motion was seconded by Councilman Bathgate and carried unanimously. So ordered. (2) No Parking area request from Nelly's. Secretary of the Planning Commission to research files. However, understanding is that an entrance -only drive does not require any additional no parking area. (b) Director of Public Works, T. J. Meadows (1) Change Order. Asked for authority to sign said order authorizing Weardco Construction Corp. to install additional items in the Water Pollution Control Facility. Order in the amount of $245. Councilman Buchheim, seconded by Mayor Durnford, moved that T. J. Meadows be authorized to sign Change Order. Motion carried unanimously. So ordered. (2) Recommended final progress payment to Weardco be made for Water Pollution Control Facility. (3) Letter from Engineering -Science stating they have accepted the Water Pollution Control Facility and asking for publishing of a Notice of Completion. Mr. W. L. "Doc" Thompson, on behalf of Engineering -Science, requested they would like to have notice published this week if possible. Mayor Durnford, upon the resident engineer's advice, moved that the Water Pollution Control Facility be accepted by the City and that required notice be published in the Coastline Dispatch this week. Councilman Buchheim seconded and motion carried unanimously. So ordered. (4) Assessment District 64-1 Alignment Change. Requested City Council to approve a change of alignment of the sewers along Wellsite Road. No additional pipe required, but change will require additional manholes. Councilman Chermak moved that recommended change be made. Councilman Buchheim seconded the motion and it carried unanimously. So ordered. (5) Three bids received on proposed sliding gate at old sanitary plant site. Low bid furnished by A-1 Fence Company in the amount of $279.00. Recom- mended acceptance of this bid and award of contract to A-1 Fence Company. Mayor Durnford moved this bid be accepted and awarded to A-1 Fence Co. Councilman Bathgate seconded and motion carried unanimously. So ordered. (c) Councilman Buchheim Asked City Attorney if matter of Carter Sign is progressing. City Attorney /z - 27-61 stated he has an appointment with Carter counsel January 6, 1966. ADJOURNMENT The meeting adjourned at 10:55 PM. y Robert K ,Johns, Acting City Clerk 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 December 1965. ,M /s—'a 7-6 f'