64-0511_CC_Minutes_Regular Meeting360
Minutes of the Regular Meeting of the City Council of San Juan Capistrano
MAY 11, 1964
The regular meeting of the City Council was called to order at 7:32 P. M.,
by Mayor Bathgate.
Edward S. Chermak was sworn in, as a newly appointed Councilman to the
City Council, by the City Clerk.
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: Carl E. Buchheim,
Edward S. Chermak, Don Durnford, Antonio M. (Tony) Olivares and William A.
Bathgate. Councilmen absent were: None.
The minutes of the meeting held April 27, 1964, were corrected with the
statement, "The motion carried unanimously. So ordered", added to item (g)
under Planning Commission reports. The minutes were approved as corrected. The
minutes of the Special Meeting held May 4, 1964, were also approved.
The matter of reorganization of the Council was handled at this time.
Mayor Bathgate tendered his resignation.
Councilman Bathgate nominated Councilman Durnford for the office of Mayor.
There being no further nominations, Councilman Chermak recommended the City
Clerk cast a unanimous ballot for Councilman Durnford to the office of Mayor
of San Juan Capistrano. Councilman Buchheim seconded the motion and it passed
unanimously. So ordered.
Mayor Durnford nominated Councilman Olivares for the office of Mayor Pro -Tem.
Councilman Buchheim seconded the motion.
Councilman Olivares nominated Councilman Chermak.
Councilman Olivares was elected Mayor Pro -Tem by a 4 to 1 vote. -
WRITTEN COMMUNICATIONS:
(a) Trends - informational
(b) A.T. & S.F. Railroad Application to P.U.C.:
Plan to abandon certain passenger services which have served area for
number of years.
7 r + Councilman Buchheim offered resolution instrpeting City Clerk to draft
resolution requesting to cintinue the present service since no other commuter
transportation is offered in this area
and adopted by a unanimous vote.
The resolution was passed, approved
(c) Metropolitan Water District - Resolution 6493
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Councilman Buchheim stated that information was rather sketchy for decision
at this time. Matter set aside for further information.
ORAL COMMUNICATIONS:
Joe Feeney requested permission to discuss two committee reports:
(a) 1911 Act Improvement Plans and Specifications - Engineering -Science, Inc.:
Suggested to go over plans next week with City Engineer, Director of
Public Works and City Attorney.
(b) Joint Powers Agreement - John Dawson:
Agreement is ready as soon as attorney for Dana Point Sanitary Dis-
trict approves land lease agreement.
(c) Soil Conservation District - Re: Patricipating Funds Resolution:
Engineering -Science, Inc., to properly prepare resolution for
submission to City Attorney and City Council. Matter deferred until May 25,
1964.
PUBLIC HEARINGS:
(a) Road Abandonment - Rosenbaum Road:
Mayor Durnford declared public hearing opened.
Jack gimel, attorney, appeared on behalf of property owners and made
appeal to abandon completely withouu reservations.
There were "No Protests".
Mayor Durnford declared public hearing closed.
Councilman Bathgate offered resolution to abandon easement without
reservations. The resolution was passed, approved and adopted by a
unanimous vote.
(b) Rezone Tract 5592:
Mayor Durnford declared public hearing open.
There were "No Protests".
Mayor Durnford closed public hearing.
Councilman Bathgate made a motion totave first reading of ordinance
establishing P -D zoning of U-1 property by title only. Councilman Buchheim
seconded the motion and it carried unanimously. So ordered.
John Dawson, City Attorney, read ordinance by title only. This
constituted first reading.
TREASURER'S REPORT:
The Treasurer's Report for the month of March, 1964, was submitted by the
City Treasurer, Alice M. Ross.
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Councilman Bathgate made a motion to accept the treasurer's report for the
month of April, 1964. Councilman Buchheim seconded the motion and it carried
unanimously.
PLANNING COMMISSION REPORTS:
(a) Planning Commission Representative:
Ed Holtz has been designated Planning Commission Representative to
attend Council Meetings.
(b) Local Agency Commission Meeting:'
Request for City Council to appoint representative to attend meeting
to be held May 13, 1964.
Councilman Bathgate moved that Secretary of Planning Commission be
appointed to attend meeting. Councilman Buchheim seconded the motion and
it carried unanimously. So ordered.
(c) Land Use Variance 64-103 (Ireland):
Councilman Buchheim made motion to grant request of height limit from
35 feet to 37 feet and not to require curbs and gutters, but provide drain-
age subject to approval of City Engineer. Councilman Bathgate seconded
the motion and it carried unanimously. So ordered.
(d) Land Use Variance 64-104 (Consolidated Rock Products):
Commissioner Holtz presented oral opinion.
Discussion was held.
Councilman Buchheim moved that matter be referred back to Planning
Commission to set conditions to apply if approval should be granted.
Councilman Chermak seconded the motion and it carried unanimously. So
ordered.
Appeal continued until conditions are returned for Council consideration.
(e) Land Use Variance 64-105 (Orange County Bank):
Councilman Bathgate made a motion that Planning Commission recommen-
dations be upheld. Councilman Chermak seconded the motion and it carried.
by a majority vote. So ordered.
"TEN MINUTE RECESS" ..............
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UNFINISHED BUSINESS:
(a) Ordinance No. 31 -Historical Society:
City Attorney to get information and decision from Attorney General
as soon as possible.
(b) Ordinance deleting curbs and gutters in E.Districts - John Dawson:
Rather than delete; state that curbs and gutters are not required
on private streets. However the matter was continued subject to review
in the newly compiled "Land Use Ordinance" draft.
(c) Prezone"Camino Del Avion" Annexation (Second Reading) Zoning Ordinance:
Councilman Bathgate made a motion to read ordinance by title only.
John Dawson read Ordinance No. 91 by title only.
Councilman Bathgate offered resolution to adopt Ordinance No. 91, "An
Ordinance of the City Council of the City of San Juan Capistrano adopting
Sectional District Map Defining the Boundaries of the P -D, Planned Develop-
ment, District Outside of the Incorporated Area of the City of San Juan
Capistrano in Accordance with the Provisions of Ordinance No. 83 of the City."
The resolution was passed, approved and adopted by a unanimous vote.
(d) Security Patrol Ordinance (Second Reading):
Councilman Buchheim made motion to read ordinance by title only.
Councilman Bathgate seconded the motion and it carried unanimously.
John Dawson read Ordinance No. 92 by title only, "An Ordinance of the
City Council of the City of San Juan Capistrano Establishing and Adopting
by Reference the Licensing and Regulation of Merchant Patrol System and
Merchant Patrolmen of the County of Orange being Title 5, Division 1,
Article 5 of the Codified Ordinances of the County of Orange."
-'/ Councilman Bathgate offered resolution to adopt Ordinance No. 92. The
resolution was passed, approved and adopted by a iAnanimous vote.
NEW BUSINESS:
(a) Proposed Ordinance _ First Reading _ Annexation of "Camino Del Avion":
Councilman Bathgate made a motion to have first reading by title only.
Councilman Buchheim seconded the motion and it carried unanimously. So
ordered.
John Dawson read ordinance by title only.
(b) Tract No. 4678 - Acceptance and Approval:
Councilman Buchheim made motion to delay taking action until all
conditions and contingencies are met. Councilman Bathgate seconded the
motion and it carried unanimously. So ordered.
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(c) Tract 5125 _ Acceptance and Approval:
Councilman Bathgate made a motion to hold in abeyance. Councilman
Buchheim seconded the motion and it carried unanimously. So ordered.
(d) Irrevocable Offer of Easement from Ralph M. Meyers, Jr.:
Councilman Bathgate offered resolution accepting Irrevocable Offer
of Easement. The resolution was passed, approved and adopted by a unanimous
vote.
The City Clerk was instructed to record said instrument with the County _
Clerk of the County of Orange.
(e) Easement Deeds - Val Verde Corporation - Tract No. 5513:
i Councilman Bathgate offered resolution of acceptance and recordation.
The resolution was passed, approved and adopted by a unanimous vote.
(f) Dike & Colegrove - Resolution:
Request amendment to Resolution No. 64-2_24-3 to allow Lot 5 to have
16 -foot rear set back rather than 20 -foot rear set back.
7 Councilman Bathgate offered resolution amending Resolution No. 64_2_24-3,
The resolution was passed, approved and adopted by a majority vote.
Councilman Chermak voting "nog'.
RECOMMENDATIONS and REPORTS:
(a) City Administrator, Ernest A. Thompson:
Related Executive Meeting Orange County League of Cities to be held
Thursday, May 14, 1964.
(b) City Attorney, John H. Dawson:
Reflected a facet of annexation proceedings.
(d) City Engineer, Jack Y. Kubota:
Dike & Colegrove a nd Darmi, Inc., quite active and reported the office will
have full time worker in area for inspections.
(d) Mayor Durnford suggested to adjourn to "Executive Session" to consider
appointing Planning Commission members.
Meeting adjourned to "Executive Session".
"EXECUTIVE SESSION"
Considerable discussion and though was given to the reappointment, re-
organization and formation of the Planning Commission to succeed the present
Planning Commission, which has submitted its resignation.
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