64-0810_CC_Minutes_Regular Meeting39.5
Minutes of the Regular Meeting of the City Council of San Juan Capistrano
AUGUST 10, 1964
The regular meeting of the City Council was called to order at 7:34 P. M.,
by Mayor Don Durnford.
The pledge of allegiance was recited. The invocation was given by John H.
Dawson, City Attorney.
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 27, 1964, were approved as submitted.
WRITTEN COMMUNICATIONS:
(a) Trends - informational
(b) Russ Waters:
Letter requesting deviation on building plans approved as "precise plans".
Councilman Bathgate made a motion that request for deviations from
"precise plan" be granted. Councilman Olivares seconded the motion and it
carried by the following vote: Ayes: Bathgate, Olivares and Durnford; Noes:
Buchheim; Abstaining: Chermak.
(c) County of Orange - Health Department:
Letter recommending that proceedings be instituted for the construction
of sanitary sewers and appurtenances in an area comprising approximately 725
acres located along both sides of Ortega. Highway from the Santa Ana - San
Di®go Freeway on the southwest to the southwesterly boundary of Rancho
Mission Viejo on the northeast, and from San Juan Creek on the southeast to
an irregular line lying northwest of Ortega Highway on the northwest.
City Attorney suggested that the letter be received, filed and a copy
turned over to Mr. William Mackenzie Brown for processing.
ORAL COMMUNICATIONS:
Mr. George Kastorff asked whether or not any action could be taken when a
curb is broken out when no permit has been taken out for same. City Administrator
to investigate matter.
PUBLIC HEARINGS:
(a) Tentative Tract 5675 - Zoning:
Mayor Durnford opened the public hearing.
Requested zoning to R-1 from U-1.
There were "No Protests:.
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Mayor Durnford closed the public hearing.
Councilman Bathgate made a motion that first reading of ordinance estab-
lishing R_1 zoning on Tentative Tract 5675 be read by title only. The motion
was carried by a unanimous vote.
John Dawson read ordinance by title only. This constituted the "first
reading".
(b) Tentative Tract 5622 - Zoning:
Mayor Durnford opened the public hearing.
Mr. Ken Carlson of Voorheis-Trindle & Nelson spoke in behalf of Kol-Bet
in favor of C_1 zoning for approximately 12 acres of Tentative Tract 5622.
There were "No Protests".
Mayor Durnford closed the public hearing.
Discussion was held.
Councilman Bathgate made a motion that "Exhibit A" be revised to show
that the westerly six acres of Lot 345 be zoned C-1 and the easterly six
acres be zoned R_3. Councilman Chermak seconded the motion and it carried
by a unanimous vote. So ordered.
Councilman Bathgate made a motion that the first reading of ordinance
establishing R-1 zoning on Lots 1-344 on Tentative Tract No. 5622 and C-1
on the westerly portion of Lot 345 and R-3 on the easterly portion of Lot
345, be read by title only. The motion was seconded by Councilman Buchheim
and it carried unanimously. So ordered.
City Attorney read ordinance by title only. This constituted the "first
reading".
TREASURER'S REPORT:
The treasurer's report for the month of July, 1964, was submitted by the City
Treasurer, Alice M. Ross.
Councilman Chermak made a motion to accept and file the treasurer's report
for the month of July, 1964. The motion was seconded the Councilman Bathgate
and it carried unanimously. So ordered.
COMMITTEE REPORTS:
(a) 1911 Act:
t" i Mr. William Mackenzie Brown made recommendation during the afternoon
study session of council asking that a resolution be passed directing City
Attorney to begin condemnation proceedings for 1911 Act and also on main
sewer trunk line for our treatment plant.
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Councilman Buchheim offered resolution instructing City Attorney to
begin condemnation proceedings for 1911 Act area. The resolution was passed,
approved and adopted by a unanimous vote.
� /C— J Councilman Bathgate offered resoltion instructing City Attorney to
begin condemnation proceeding for main sewer trunk line for treatment plant.
The resolution was passed, approved and adopted by a unanimous vote.
v ,, Mayor Durnford offered resolution directing City Administrator to find
right-of-way agent who is qualified and is a notary public to take papers
for signatures. The resolution was passed, approved and adopted by a
unanimous vote.
PLANNING COMMISSION MATTERS:
(a) Reports: Tentative Tract Map 5702; Division of Land 64_101 (Keressy); PD
Site Plans Tract 5624; Site Plans C -2A District (Windolph); Land Use Variances
64-111; 64-112; Zoning of Property - San Juan Creek Road - Ortega Highway
Valley Floor Area.
Robert K. Johns, secretary of the Planning Commission, read report on
all the above items.
(b) Recommendations: (1) Deviation from Street Standards - Tract 5624: Council-
man Chermak made a motion to grant deviation from City Standards on the entire
project for development of Tract No. 5624 and require a 6 -foot 6 -inch
sidewalk contiguous to curb line on entire development. Councilman Bathgate
seconded the motion and it carried by a majority vote. So ordered. Council-
man Buchheim abstained.
(2) Concrete curbs & gutters E-2 and E-3 Districts:
Planning Commission requested that Council set policy that variance
procedure is not necessary if the builder administratively complies with
the policy established by the Council whereby necessary offers of dedication
to assure a 40 -foot right-of-way for all lots fronting on a private street
will be made to the City and that owner furnish assurances of improvement
for street.
V is b Councilman Buchheim offered resolution granting Planning Commission
request. The resolution was passed by a majority vote. Councilman Bathgate
abstaining.
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UNFINISHED BUSINESS:
* (a) Ordinance No. 31 - Historical Society - John Dawson:
Ordinance has been forwarded to Attorney General for opinion.
(b) Refund Agreement - Resolution - Dike & Colegrove - Jack Kubota:
City Engineer gave his report on the refund agreement for Dike &
Colegrove.
Councilman Buchheim made a motion to accept the recommendations of the
City Engineer and submit to Dike & Colegrove and if the agreement is concurred -
with then directing the City Attorney to draft resolution. Councilman
Chermak seconded the motion and it carried unanimously. So ordered.
* (c) Trash collection - Contract - John Dawson:
Presented document for signature with only one item to be filled in.
(d) Resolution- Intent to Form District - 1911 Act:
Defrrred action.
Mr. Brown will need title report in order to get the legal description
of the area.
NEW BUSINESS•
(a) Fund balance investments - Treasury Bills:
Councilman Chermak offered a resolution that when the City account at
Orange County Bank exceeds the amount of $1200000.00 the bank be directed to
invest any excess of $120,000.00 in 90 -day Treasury Bills. The resolution
was passed, approved and adopted by a unanimous vote.
(b) Refund Agreement - Offsite Sewers - 5624:
Councilman Chermak made a motion that the matter be turned over to the
City Engineer for recommendation and report to the City Council. Councilman
Olivares seconded the motion and it carried by a majority vote. Councilman
Buchheim abstained.
* (c) Contract Documents naming Supt. of Streets - 1911 Act:
City Attorney to contact William Mackenzie Brown,special counsel,
about the documents.
* (d) First Reading - Proposed Ordinance - Salaries:
Councilman Chermak made a motion to have salary ordinance read by title
only. Councilman Buchheim seconded the motion and it carried unanimously.
So ordered.
City Attorney read ordinance by title only. This constituted a "first
reading".
City Administrator was directed to supply each councilman with a copy
of said salary ordinance. ?—/O -4q
(e) Resolution setting tax rate for fiscal year 1964_65:
Councilman Chermak offered resolution setting the tax rate for the City
of San Juan Capistrano at $1.00 per $100.00 assessed valuation. The
resolution was passed, approved and adopted by a unanimous vote.
(f) Orange County Flood Control District - Easement Deed:
t 7 Councilman Bathgate offered a resolution accepting the easement deed
from Orange County Flood Control District for property for widening of
Alipaz. The resolution was passed, approved and adopted by a unanimous
vote.
and REPORTS:
(a) City Administrator - Ernest A. Thompson:
Orange County League of Cities Executive Meeting to be held August 13,
1964.
* (b) City Attorney - John Dawson:
Received letter from State Board of Equalization stating that filing
date of new districts that need to be included in tax rate must now be filed
on or before January 1 of each year with the appropriate agencies.
(c) City Engineer - Jack Y. Kubota:
(1) Dike & Colegrove has about completed rough finish of base material in
streets.
(2) Val Verde putting in sewer line.
(d) Councilman Bathgate recommended that master drainage plan for the City be
completed.
Councilman Bathgate made a motion that City Engineer be directed to
study drainage for the remainder of the City. The motion was seconded ad
carried by a unanimous vte. So ordered.
(e) Councilman Buchheim related that he received word that the problem of law
enforcement was being handled as closely as possible, but that Orange County
Sheriff, Mr. James Musick, would request contacting him personally, if
necessary, with special aspects.
(f) Councilman Chermak related problem of drainage problem of irrigation waste
water.
The meeting was adjourned at 10:33 P. M.
Ernes A. Thompson
City Clerk - Administrator
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APO
These are the official proceedings of the Regular Meeting of the City Council of
the City of San Juan Capistrano, held on the 10th day of August, 1964.
*Items were handled intermittently throughout the meeting to enable City Attorney,
John Dawson, to leave the meeting by 9:00 F. M.
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