64-0727_CC_Minutes_Regular Meetingr
Minutes of the Regular Meeting of the City of San Juan Capistrano
JULY 27, 1964
The regular meeting of the City Council was called to order at 7:31 P. M.,
by Mayor Don Durnford.
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: William A.
Bathgate, Carl E. Buchheim, Edward S. Chermak, Antonio M. (Tony) Olivares
and Don Durnford. Councilmen absent were: None.
The minutes of the meeting held July 13, 1964, were approved as submitted.
WRITTEN COMMUNICATIONS:
(a) Trends - informational
(b) Orange County Planning Commission - Zone Change:
Notice of public hearing August 12, 1964, to amend Sectional District
Map 25-7-8 from "General Agricultural" to "Sand and Gravel Extraction"
zoning.
Councilman Buchheim made a motion that City Council go on record
opposing subject zoning and to appoint Councilman Bathgate to be present
at said public hearing. Councilman Bathgate seconded the motion and amended
it to include Councilman Buchheim. The motion was passed by a unanimous
vote.
City Clerk was directed to inform Regional Water Pollution Control
Board of said public hearing and zone change.
(c) Tri -Cities Municipal Water District:
Notice of public inspection of the Palisades Reservoir and Control
Station to be held Saturday, August 1, between 1 P. M. and 5 P. M.
ORAL COMMUNICATIONS•
John O'Niel, representative of Cal -State Agencies related that all
necessary information has been filed with the City Clerk for utilization of
a trailer on Val Verde tract for information center,
Councilman Bathgate offered a resolution amending original action February
10, 1964, on Land Use Variance No. 64-101 to permit a trailer to be placed on
the site. The resolution was passed, approved and adopted by a unanimous vote.
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PUBLIC HEARING:
(a) Land Use Variance 64-108 (Alexander):
Mayor Durnford opened the public hearing.
Mr. William Mackenzie Brown presented views of the proponents.
Mr. E. G. Miller stated side of opponents.
Mr. Wallace A. Pennick, representative of Paul Yorba owner of sub-
ject property, related that Mr. Yorba feels this is the best use for his
land at the present time.
Mr. Von Schnable presented his view in favor of the variance.
Mayor Durnford closed the public hearing.
Discussion was held.
Councilman Olivares made a motion to grant LUV 64-108. Councilman
Bathgate seconded the motion. The vote was as follows: Ayes: Olivares
and Bathgate; Noes: Buchheim, Chermak and Durnford; thereby constituting
a denial.
TREASURER'S DEMANDS:
The list of demands and accounts payable on August 1, 1964, was submitted
by the City Treasurer, Alice M. Ross.
The entry for Gates Sweeping was changed from $10.00 per hour to $8.00 to
reflect the $80.00 payment.
Councilman Durnford made a motion to approve list of demands and instruct
the City Treasurer to draft Warrant No's 925 thru 960 for a total amount of
$21,048.24. Councilman Bathgate seconded the motion and it carried unanimously.
So ordered.
COMMITTEE REPORTS:
(a) Street sweeping - Ernest A. Thompson:
Related that Robert Gates can handle added sweeping in front of E1
Adobe Plaza, Ordnge County Bank and Savage, Inc., for an additional $5.00
per week. Councilman Buchheim made a motion to grant the added $5.00
per week. Councilman Chermak seconded the motion and it carried
unanimously. So ordered.
PLANNING COMMISSION REPORTS:
(a) Recommendation - LUV 64-109:
Memo from Planning Commission, was read by Robert K. Johns, recommending
approval of Land Use Variance 64-109, subject to conditions.
Councilman Bathgate made a motion to uphold recommendations.of the
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Planning Commission regarding Land Use Variance No. 64-109. Councilman
Buchheim seconded the motion and it carried unanimously. So ordered.
(b) Recommendation - LUV 64-110:
Memo from Planning Commission, was read by Robert K. Johns, recommending
approval of Land Use Variance 64-110 subject to conditions.
Councilman Bathgate made a motion to uphold recommendations of the
Planning Commission regarding Land Use Variance No. 64-110. Councilman
Buchheim seconded the motion and it carried unanimously. So ordered. _
(c) Recommendation - Zoning Tentative Tract 5675:
Memo from Planning Commission was read recommending approval of
Tentative Tract 5675r subject to conditions.
Public hearing was set for August 10, 1964, at 7:30 P. M.
(d) Recommendation - Zoning Tentative Tract 5622:
Memo from Planning Commission was read recommending approval of
Tentative Tract 5622 , subject to conditions:
Discussion was held.
Public hearing was set for August 10, 1964, at 7:30 P. M.
(e) Report & Recommendation - Signs E1 Adobe Plaza:
Planner -Tech investigated the signs and determined that they exceed
12 sq. ft., and recommends that said signs be designated "legal non-
conforming signs'.
Councilman Buchheim made a motion to uphold recommendation of the
Planner -Tech regarding the E1 Adobe Plaza signs. Councilman Chermak
seconded the motion and it carried unanimously. So ordered.
(f) Report - Tentative Tract 5702 and PD Site Plans Tract 5624:
Both items were placed on the Planning Commission agenda for August 4,'
1964.
"TEN MINUTE RECESS..............
UNFINISHED BUSINESS:
(a) Ordinance No. 31 - Historical Society - John Dawson:
Has set up appointment to go over ordinance to prepare an effective
letter to the Attorney General.
(b) 1911 Act - Resolution to Form District - John Dawson:
City Attorney advised the City Council that they employ William Mac-
kensie Brown as special counsel to handle 1911 act proceedings.
City Attorney read resolution of employment of special counsel.
Councilman Chermak offered resolution of employment of William Mac -
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kenzie Brown as special counsel to prepare 1911 Act proceedings. The
resolution was passed, approved and adopted by a unanimous vote.
(c) Refund Agreement - Resolution - Dike & Colegrove - Jack Kubota:
City Engineer reported that 45% of the total cost be the considered
amount eligible for refund to Dike & Colegrove on sewer installation.
Mayor Durnford instructed City Engineer to prepare resolution d
refund in accordance with his report and to also include administration
costs provisions.
(d) Division of Land 64-101 (Keresey) Jack Kubota:
City Engineer reported that all of the street section of Camino
Capistrano from Del Obispo Street to La Zanja Street was surveyed in a
preliminary manner and it was found that there exists an improved section
basically of 56 feet in width.
Recommendation was, therefore, made to maintain this existing section
width throughout the length surveyed, and thereby waive the provision of
further dedication with regard to the division of land on the Keresey
property (DL 64_101), but require the ultimate street improvements to be
constructed.
Councilman Buchheim made a motion to uphold the recommendations of
the City Engineer and further direct the City Planning Commission to
complete the added provision that a "No Parking" condition be imposed
for that property frontage occupied by the "EGAN house". Motion seconded
by Councilman Chermak and carried unanimously. So ordered.
(e) Resolution to Vacate Utility Easement - Tract 2706:
Councilman Buchheim made a motion to read resolution of vacation by
title only. Councilman Bathgate seconded the motion and it carried
unanimously. So ordered.
City Attorney read resolution by title only, "A Resolution of the
City Council of the City of San Juan Capistrano Declaring its Intention
to Vacate and Abandon an Easement for Public Utility Purposes Upon, Along,
Over and Through the Hereinafter Described Real Property; Fixing a Time
and Place for a Hearing Thereon; Directing the Posting of Notices Thereof
and the Publication of this Resolution".
Councilman Chermak offered resolution of vacation of utility ease-
ment. The resolution was passed, approved and adopted by a unanimous
vote.
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