64-0210_CC_Minutes_Regular Meeting325
Minutes of the Regular Meeting of the City Council of San Juan Capistrano
FEBRUARY 10, 1964
The regular meeting of the City Council was called to order at 7:33 P. M.,
by Mayor William A. Bathgate.
The pledge of allegiance was recited. The invocation was given by John
Dawson, City Attorney.
The City Clerk called the roll: Councilman present were: Carl E. Buchheim,
Eric F. Cliff, Don Durnford, Antonio M. (Tony) Olivares and Mayor William A.
Bathgate. Councilmen absent: None.
The minutes of the meeting held January 27, 1964, were corrected with the
deletion of Warrant No's 744 and 745 in the Treasurer's Demands.
Councilman Cliff made a motion to delete Warrant No's 744 and 745 from the
Treasurer's Demands. The motion was seconded and it carried unanimously. So
ordered.
WRITTEN COMMUNICATIONS:
(a) Trends - informational
(b) Woman's Club of San Juan Capistrano:
City Clerk, Ernest A. Thompson, related an invitation fromihe Woman's
Club of San Juan Capistrano to attend the Third Annual Rally 'Round The
Flag Contest Awards And Lincoln Stage Production to be held February 11,
1964, at 8:00 P. M. at 31442 E1 Horno.
(c) San Diego Gas & Electric - Mr. William S. Webb:
Councilman Durnford commended Mr. Webb and the "Register To Vote"
Committee for the interest they have acquired.
Mayor Bathgate also added his commendations.
(d) State Board of Equalization - Capistrano Beach Maintenance District No. 1:
John Dawson, City Attorney, related that part of the description of
Capistrano Beach Maintenance District No. 1 was incorrect and included a
small portion of San Clemente. Mr. Dawson read a proposed resolution
entitled "A Resolution of the City Council of the City of San Juan Capistrano,
correcting nunc pro, tunc certain clerical errors in the description of
Capistrano Beach Maintenance District No. 1.
Councilman Cliff offered the resolution for adoption. The resolution
was accepted, adopted and passed by a unanimous vote.
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ORAL COMMUNICATIONS:
(a) Mr. J. R. Handsel presented pictures of an antique popcorn wagon and
requested permission to operate said business in San Juan Capistrano.
Mayor Bathgate requested opinion of City Attorney. Mr. Dawson stated
he would like the opportunity to look into the legal aspects because it
would be a business operated on public streets. He will advise the council
at next meeting of his findings.
(b) Commander B. P. Williamson related that he has proceeded to the point in
the subdivision of his property where the need of a bond is required.
However, he stated that such bonds are no longer offered by surety companies.
Mayor Bathgate asked legal opinion of City Attorney. Mr. Dawson
related that matter could be handled by a contract agreement. He will draft
a proposed contract by next regular meeting.
PUBLIC HEARINGS:
(a) U -Mac, Inc. - Camino Del Avion Annexation:
Mayor Bathgate opened the continuance of the Public Hearing on Camino
Del Avion Annexation.
City Clerk, Ernest A. Thompson reiterated that no fees had been paid
as yet for pre -zoning consideration by the Planning Commission.
Councilman Durnford made a motion to continue the public hearing on the
Camino Del Avion Annexation until next regular council meeting. Councilman
Olivares seconded the motion and it passed unanimously. So ordered.
(b) Tract 5429 - proposed district zoning - Val Verde:
Mayor Bathgate opened the public hearing.
City Clerk, Ernest A. Thompson related that the Planning Commia3ion
had prepared a proposed resolution showing three areas of P -D and three
areas of C-1.
Ralph Van Buskirk, of Vorheis-Trindle-Nelson requested to proceed on
action of Planning Commission to avoid 30 -day wait.
There were "No Protests"
Mayor Bathgate declared public hearing closed on Tract 5429 - proposed
district zoning.
Councilman Durnford made a motion to read Ordinance to Establish P_D
and C-1 District Zoning by title only. Councilman Cliff seconded the motion
and it carried unanimously. So ordered. This constituted the "First Reading"
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TREASURER'S REPORT:
The Treasurer's Report for the month of January, 1964, was submitted by the
City Treasurer, Alice M. Ross.
Councilman Cliff made a motion that the report be received and filed for
the month of January, 1964. Councilman Durnford seconded the motion and it
carved unanimously. So ordered.
COMMITTEE REPORTS:
(a) Valley View Development Committee _ Jack Kubota reporting:
Submitted memorandum report to the City Council for their study on pro-
posed street improvements for "Valley View"Area.
Councilman Buchheim made a motion to submit recommendations to the
proponents of "Valley View" Area for their study. Councilman Cliff
seconded the motion and it carried unanimously. So ordered.
PLANNING COMMISSION REPORTS:
(a) Land Use Variance Permit 64-101 - Val Verde Corporation:
Planning Commission Secretary, Robert K. Johns, read the report from
the Planning Commission on Land Use Variance Permit 64-101 filed by the
Val Verde Corp., to permit the establishment of a golf course in U-1 Zone.
Mr. Johns reported the Planning Commission held public hearing on February 4,
1964, and recommended approval, subject to conditions.
Councilman Cliff made a motion to approve the recommendations of the
Planning Commission and grant Land Use Variance Permit 64-101 subject to
conditions so stated by Planning Commission. Councilman Durnford seconded
the motion and it carried unanimously. So ordered.
(b) Service Stations - restriction:
It was not the intention of the Planning Commission to restrict service
stations in any area other than C -1-H Zone.
Discussion was held.
Councilman Durnford made a motion that the tabled motion of the City
Council be referred back to Planning Commission to set up recommended control.
Councilman Cliff seconded the motion. Ayes: Councilmen Cliff, Durnford and
Bathgate. Noes: Councilmen Olivares and Buchheim.
"FIVE MINUTE RECESS..............
UNFINISHED BUSINESS:
(a) Proposed Amendment to Ordinance No. 51 - swimming pools:
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City Clerk, Ernest A. Thompson, related that at last council meeting
the City Attorney stated that accessory buildings must be placed in rear
half of lot; however, the issue still confronted is whether or not swimming
pools would be allowed in other than rear half. Suggested swimming pools be
placed no less than 75 feet from front property line.
Discussion was held.
John Dawson, City Attorney, was instructed to have a proposed Ordinance
prepared by next regular council meeting.
(b) Five unit council table:
City Clerk, Ernest A. Thompson, related there had been one valid bid
submitted.
Councilman Durnford moved that the City Administrator be authorized to
to outside the city for more bids. Councilman Buchheim seconded the motion
and it carried unanimously. So ordered.
NEW BUSINESS:
(a) Parallel Excavation Permit - S. E. Eaton - Valle Road:
City Clerk, Ernest A. Thompson, related application made to Orange
County Highway Department by S. E. Eaton to excavate to construct 435' cast
iron, 4" pressure sewer line along Valle Road beginning 2500 feet South
of San Juan Creek and Valle Road North bound off ramp of San Diego Freeway
and extending Southerly 435', 15' East of the centErline, in the San Juan
Capistrano area.
Councilman Buchheim made a motion that permission be granted for
excavation permit. Councilman Cliff seconded the motion and it carried
unanimously. So ordered.
(b) Street improvement construction - Valle Road:
City Clerk, Ernest A. Thompson, related receipt of $2,000.00 check
from County of Orange Land Use Variance 4208, Pacific Mobil Homes, for
improvements. Deferred action.
(c) Traffic Regulations:
City Clerk, Ernest A. Thompson, recommended that City Council consider
passage of a resolution to declare El Camino Real a "Through Street",
from the limits of La Zanja Street to Forester Street.
Councilman Buchheim offered resolution to declare E1 Camino Real from
the limits of La Zanja to Forester Street, a "Through Street".
The resolution was accepted, adopted and passed by a unanimous vote of
the City Council.
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32;)
and REPORTS:
(a) City Administrator Ernest A. Thompson:
(1) City Administrator reported that the Orange County League of Cities
Executive Meeting will be held February 13, 1964.
(2) Reported that no papers had been taken out for the filing of two
councilman positions.
(b) City Attorney, John Dawson:
(1) Suggested to council that after budget is set to give very serioui(5
consideration to the establishment of its own building department.
(2) Condemnation proceedings -
It would appear that settlement will be made 'out of court' and
the deposit placed with the court will be acceptable tothe principles
involved (Philip J. Keresey and Lillian Zaenglein) with regard to the
temporary sewer easement to serve those properties located at the South-
easterly corner of Ortega Highway and the San Diego Freeway.
(c) Director of Public Works - T. J. Meadows:
(1) Committee for negotiations with Dana Point met last Monday, February 3,
1964, to receive the report of the consulting engineers in regard to
joint participation proposal for sewers. Joe Feeney requested to be
authorized to proceed with certain phases of the proposal of participa-
tion in order to possibly meet the deadline for qualifying for the
P. L. 660, Federal grant monies.
Councilman Durnford offered resolution that Engineering -Science be
authorized to go ahead with engineering of land outfall, plant and
extension of the ocean outfall, and also get the information of effluent
purity standards from the State Water Pullution Control Board.
The resolution was accepted, adopted and passed by a unanimous
vote of the City Council.
(d) City Engineer, Jack Kubota:
(1) Darmi, Inc. ready to submit storm drain design. Proposes to introduce
new storm drain.
(2) Dike & Colegrove not going to put in sewage pump station questionables.
(3) Val Verde putting pressure on for plan approval and they will be sub-
mitted soon.
(4) Drainage report will be mailed to council members by end of week and
reviewed for next regular council meeting.
FEB 14 '64