64-1109_CC_Minutes_Regular MeetingRegular Meeting of the City Council of the City of San Juan Capistrano
NOVEMBER 9, 1964
The regular meeting of the City Council was called to order at 7:30 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: Carl E. Buchheim,
Edward S. Chermak, Antonio M. (Tony) Olivares and Don Durnford. Councilmen
absent were: William A. Bathgate.
The minutes of the meetings dated October 26, 1964, and November 2, 1964,
were approved as submitted.
RECEIVING OF BIDS:
This being the time and place fixed for the opening of bids for $700,000
bonds of City of San Juan Capistrano, designated 1964 SEWER BONDS, SERIES A,
The following bids received pursuant to the notice of sale were publicly opened,
examined and read:
Bank of America HT & SA and Associates bid par, accrued interest to date
of delivery, and a premium of $369.00 for bonds bearing interest payable annually
the first year and semiannually thereafter at the rate of:
Rates Years
5% 1966 to 1972
43/4% 1981 to 1980
% to 1989
Security First National bid par, accrued interest to date of delivery,
and a premium of $221.00 for bonds bearing interest payable annually the first
year and semiannually thereafter at the rate of:
Rates Years
4% 1966 to 1983
3.90% 1984 to 1989
Taylor and Company bid par, accrued interest to date of delivery, and a
premium of $302.50 for bonds bearing interest payable annually the first year
and semiannually thereafter at the rate of:
Rates Years
4-21% 1966 to 1975
3-3/4% 1976 to 1982
3.90% 1983 to 1989
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United California Bank bid par, accrued interest to date of delivery, and
a premium of $1.00 for bonds bearing interest payable annually the first year
and semiannually thereafter at the rate of:
Rates Years
5p 1966 to 1972
3-3/4% 1973 to 1979
4% 1980 to 1989
J. B. Hanauer & Company bid par, accrued interest to date of delivery,
and a premium of $289.00 for bonds bearing interest payable annually the first
year and semiannually thereafter at the rate of:
Rates Years
W 1966 to 1983
4.10% 1984 to 1989
Each bid was accompanied by a good faith check in an amount not less than
$10,000.
All bids were then referred to Bartle Wells Associates, City Clerk and City
Attorney for checking and computation, a report thereon to be given to the
Council later in this meeting.
WRITTEN COMMUNICATIONS:
(a) Trends - informational
(b) Letter from J. A. McCann regarding frontage road:
City Engineer to determine what portion of frontage road is private.
City Administrator to write letter to J. A. McCann relating the
situation of the City with regard to taking action to repair said frontage
road.
(c) Letter from Hall, Haynes & Associates requesting to be recognized as
possible Engineer of Work for the Alipaz Street improvement.
Letter filed for future consideration and reference.
(d) Boundary Commission Minutes - Trabuco Creek Annexation:
Minutes related that the boundaries were not definite and certain and
all documents were referred back to the proponent for correction and
resubmission to the Boundary Commission.
(e) City of Orange - Resolution regarding World's Fair:
No action was taken by the council, and it was suggested that the
matter be filed.
(f) Letter from Leo F. Windolph - Trabuco Creek Annexation:
Item held for future reference.
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(g) Letter from American Cement Corporation - Trabuco Creek Annexation:
Item held for future reference.
(h) Letter from Byron Dahl - Trabuco Creek Annexation:
Item held for future reference.
(i) Newsletter - Alton E. Allen - 'informational
(j) Orange County League of Cities - Executive Meeting:
Meeting to be held Thursday, November 12, 1964.
TREASURER'S REPORT:
The Treasurer's Report for the month of October, 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 October, 1964. The motion was seconded by Councilman Buchheim
and it carried unanimously. So ordered.
COMMITTEE REPORT:
(a) Don Juan drainage - adjacent to Carl Romer property - Jack Kubota reporting:
City Engineer reported that he did not visualize any drainage problem
as such.
Suggested that Mr. Romer present a brief sketch of proposed work on
driveway for City Engineer to consider.
(b) Flood Control excess parcel - City Administrator reporting:
Mr. Thompson gave his report to the council.
Councilman Buchheim made a motion not to proceed with the offer from
the County. Councilman Chermak seconded the motion and it carried unanimously.
So ordered.
PUBLIC HEARINGS:
(a) Precise alignment of Del Obispo Street continued from October 13, 1964 -
City Engineer reporting:
Jack Kubota made presentation of the second realignment drawing.
There were "No Protests".
Mayor Durnford closed the public hearing.
Councilman Buchheim offered a resolution approving the realignment of
Del Obispo Street as presented by the City Engineer and marked'Exhibit All.
The resolution was passed, approved and adopted by a unanimous vote.
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(b) Land Use Variance 64-113 -Stroschein Drive -In Theater:
Mayor Durnford opened the public hearing.
Dr. Stroschein, property owner, Robert Patrick, Charles Schlagel,
attorney for applicant, Milt Peppin, Randy Williams, Mrs. T. J. Meadows,
Mr. Treff, Dave Ward, representative of the Dolly family, Henry Stewart
and Mrs. Lewellen, all proponents of the variance presented their views
in favor of the drive-in theater.
The opponents Mrs. Diane Lautman and Mr. Burkhardt presented their
views in disapproval to the variance for the drive-in theater.
Petitions were presented for and against the variance for council
consideration.
Mayor Durnford closed the public hearing.
The committee appdnted to check and compute the bids on the bonds for which
bids were opened previously during this meeting reported that the bid -of Taylor
and Company is the bid yielding the lowest net interest cost:
After consideration of the various bids and the report thereon, Councilman
Olivares offered Resolution No. 64_11-9-2 entitled "Resolution of the City
Council of the City of San Juan Capistrano, awarding $700,000 bonds of said
City to the best bidder and rejecting all other bids. The resolution was
passed, approved and adopted by a unanimous vote.
Councilman Durnford made a motion accepting the minute entry prepared by
O'Melveny & Myers reflecting the above bids. Councilman Olivares seconded the
motion and it carried unanimously. So ordered.
"TWENTY MINUTE RECESS" ...............
Councilman Buchheim made a motion to uphold recommendation of approval of
the Planning Commission with regard to LUV 64-113, subject to conditions _
imposed by the Commission and also with the added conditions, to wit:
1. That a Deputy Sheriff be on the premises of said drive-in theater
during its hours of operation at the expense of the operator.
2. That if theiariance is granted the theater shall be completed and
operating within 12 months from the date of approval.
Councilman Olivares seconded the motion and it carried by a majority vote.
Ayes: Buchheim, Olivares and Durnford; Noes: Chermak.
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PLANNING COMMISSION MATTERS:
(a) Reports:
(1) Land Use Variance 64-117 (Palmer):
Secretary read report from the Planning Commission regarding the
above item.
(2) Amendment to Land Use Variance 64_112 (Val Verde):
Secretary read report from the Planning Commission regarding the
above item.
(3) Amendment PD Site Plans - Tract 5514 (Val Verde):
Secretary read report from the Planning Commission regarding the above
item.
(4) Revised Tentative Tract Map 4840:
Secretary read report from the Planning Commission on the above item.
(b) Recommendations:
(1) Land Use Variance 64_116 (Palmer):
Secretary read report of Planning Commission recommending approval
of LUV 64-116.
Councilman Chermak made a motion to uphold recommendation of Planning
Commission, subject to conditions set forth. Councilman Buchheim
seconded the motion and it carried unanimously. So ordered.
(2) Rezone RZ 64-104 - Val Verde:
Planning Commission recommended approval of change of zone from P -D
to C-1 as presented.
Councilman Chermak made a motion to postpone matter until next regular
meeting, November 23, 1964. Councilman Buchheim seconded the motion
and it carried unanimously. So ordered.
(3) Land Use Variance 63-114 (Competition Realty):
Planning Commission recommended approval of revised landscaping
plan. Councilman Buchheim made a motion to uphold the recommendations
of the Planning Commission. Councilman Chermak seconded the motion
and it carried unanimously. So ordered.
UNFINISHED BUSINESS:
(a) Land Use Variance 64-111 - First Southern Baptist Church:
Discussion was held.
Matter set over to next regular meeting, November 23, 1964.
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(b) Ordinance No. 100 - Second Reading:
Councilman Chermak made a motion to have ordinance read by title only.
The motion was seconded by Councilman Buchheim and it carried unanimously.
So ordered.
City Attorney read Ordinance No. 100 by title only. This constituted
the second reading of Ordinance No. 100, "An Ordinance of the City Council
of the City of San Juan Capistrano regulating and controlling the
construction of fences, walls used as fences, lattice work screens and
other windbreaks within the required front, side and rear yards in R_1,
R_2 and R_3 Districts within the City of San Juan Capistrano and
declaring the urgency thereof."
(c) Ordinance No. 101 - Second Reading:
Councilman Buchheim made a motion to read ordinance by title only.
The motion was seconded by Councilman Chermak and it carried unanimously.
So ordered.
City Attorney read Ordinance No. 101 by title only. This constituted
the second reading of Ordinance No. 101: "An Ordinance of the City of San
Juan Capistrano amending Ordinance Nos. 5, 45 and 49 by amending the
sections therein referring to front, side and rear yard requirements and
declaring the urgency thereof."
NEW BUSINESS:
(a) Easement Deed - Oyharzabal - Del. Obispo Street:
Councilman Buchheim offered a resolution for the acceptance of said
easement deed. The resolution was passed approved and adopted by a unanimous
vote.
(b) Resolution setting wage scale:
City Attorney suggested that a complete wage scale be adopted for
submittal to Sacramento.
City Attorney to draft resolution for next regular meeting.
RECOMMENDATIONS and REPORTS:
(a) City Administrator - Ernest A. Thompson:
(1) Suggested that a technical staff be appointed to submit a comprehensive
report to Council and Commission regarding land use variance,
subdivisions and individual property development.
Mayor Durnford offered a resolution forming a technical staff
comprising the the City Engineer, Director of Public Works, City
Administrator and Planner -Tech. The resolution was passed, approved
adopted by a unanimous vote.
(2) Proposed employment of a Finance Director was suggested to the
Council. City Administrator to present scope of work and duties of
proposed Finance Director.
(b) City Attorney - John H. Dawson:
Presented sign ordinance format for council consideration.
(c) City Engineer - Jack Y. Kubota:
Working with engineer for Consolidated Rock Supply for street section
design.
(d) Councilman Chermak:
Related problem of trash in vacant lot adjacent to old hotel building.
The meeting adjourned at 11:27 P. M.
Erne A. Thompson
City Clerk -Administrator
These are the official proceedings of the Regular Meeting of the City Council
of the City of San Juan Capistrano, held on the 9th day of November, 1964.
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