65-0208_CC_Minutes_Regular Meeting4568
Minutes of the Regular Meeting of the City Council of San Juan Capistrano
FEBRUARY 8, 1965
The regular meeting of the City Council was called to order at 7:33 P. M.,
by Mayor Don Durnford.
The pledge of allegiance was recited. The invocation was given by
John 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 dated January 25, 1965, were approved
as submitted.
WRITTEN COMMUNICATIONS
(a) Newsletter - Alton E. Allen - informational.
(b) San Diego Regional Water Pollution Control Board - regarding application
for Federal sewerage condruction grants:
Item continued until later in meeting.
(c) Letter - Elmer L. Christiansen:
Information regarding San Juan Capistrano Via California Annex-
ation.
(d) Lloyd M. Johnson - Reconsideration of RZ 64-105:
Mr. Johnson stated his position.
Public hearing on reconsideration was set for February 23, 1965,
at 7:30 P. M.
(e) League of California Cities - regarding Governor's Budget Message:
Material available in the City offices for any interested parties.
(f) Orange County League of Cities:
Executive Meeting to be held February 11, 1965.
ORAL COMMUNICATIONS
Mr. Lou Hayes of the State Compensation Insurance Fund presented the
City an award for completion of the contest period July 1, 1963 to June 30,
1964, without a disabling injury
behalf of the City.
Mayor Durnford accepted the award on
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TREASURER'S REPORT
The Treasurer's Report for the month of January, 1965, 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 January, 1965. The motion was seconded by Council-
man Buchheim and it carried unanimously. So ordered.
PLANNING COMMISSION MATTERS
(a) Reports:
(1) Division of Land 65-101 (Tuck):
Secretary read report from the Planning Commission regarding
the above item.
(2) Comprehensive Zoning Ordinance (Proposed):
Secretary read report from the Planning Commission regarding
the above item.
(b) Recommendations:
(1) Land Use Variance 65-102 (Val Verde):
Planning Commission recommended approval, subject to con-
ditions.
Councilman Buchheim made a motion to uphold the recommendations
of the Planning Commission with regard to Land Use Variance
65-102. Councilman Chermak seconded the motion and it carried
by a majority vote. Councilman Bathgate voted "No".
(2) Land Use Variance 65-101 (Val Verde):
Councilman Buchheim made a motion to allow LUV 65-101,
subject to removal of the existing Carter sign on said property.
The motion died for lack of a second.
Discussion was held.
Mayor Durnford made a motion to permit Val Verde to use
the existing "Swallow's Motel Sign" as a temporary measure for
a period of one year with possible extension of six months. Also,
subject to right of ingress and egress and presentation of bond
in the amoutn of $100.00 to the City Treasurer to assure removal
of said sign.
The motion died for lack of a second.
City Attorney to check into matter and report back to the
City Council.
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(3) Land Use Variance 65-103 (Schneider):
Councilman Bathgate made a motion to approve LUV 65-103
in accordance with the recommendation of the Planning Commission
for deletion of curbs and gutters in the E-3 District. Council-
man Buchheim seconded the motion and it carried unanimously.
So ordered.
'FIFTEEN MINUTE RECESS" .............
UNFINISHED BUSINESS
(a) Val Verde - sewer connection:
Matter continued until next regular meeting.
(b) Val Verde - RZ 64-104:
Matter continued until next regular meeting.
(c) Fiesta de las Golondrinas Parade:
Councilman Chermak made a motion to impose the following conditions
upon the Fiesta Association from 6:00 A. M., March 19 through 6:00 P. M.,
March 21, 1965.
1. There shall be submitted a certificate of insurance in the amounts
of no less than $100,00, $300,000 and $50,000, liability and
property damage coverage co -naming the City of San Juan Capistrano.
2. That there shall be employed a street sweeping service to provide
immediate cleaning and/or sweeping of the public streets utilized
in order to return them to their prior existing conditbn.
3. That the Fiesta Association be empowered to police all mobile,
intermittent or transient concessions wishing to do business
in connection with the weekend activities.
4. That there shall be provided the necessary traffic safety devices,
barricades and directional signs to accomplish the most efficient
traffic flow through the corporate limits.
5. That contact shall be made with the Orange County Sheriff's
Department and/or California Highway Patrol with the request
of providing adequate personnel to monitor traffic flow and the
appropriate traffic regulations of record in the City of San Juan
Capistrano.
6. That the above conditions are intended to be sufficient in
authority, jurisdiction and intent to provide for all aspects to
be returned to their prior existing conditbn.
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Also, that the Fiesta Association be informed of such action. Council-
man Buchheim seconded the motion and it carried by a majority vote. Council-
man Bathgate voted "No".
(d) Notice of Inviting Sealed Bids - Assessment District 64-1:
Councilman Bathgate made a motion to publish the Notice Inviting
Sealed Bids regarding Assessment District No. 64-1, and set the date
for receiving said bids at 10:00 A. M., Friday, March 12, 1965. Said
plans to be available at the office of the City Clerk. Councilman —
Buchheim seconded the motion and it carried unanimously. So ordered.
(e) Business License Ordinance - "time and material" contracting - City
Attorney reporting:
Report not available at this time.
(f) Condemnation proceedings - general obligation bonds - John H. Dawson,
City Attorney:
Councilman Chermak offered a resolution entitled, 'Resolution of
the City Council of the City of San Juan Capistrano declaring the
convenience and necessity for acquiring rights of way for sewer
purposes and authorizing the City Attorney to initiate Eminent Domain
proceedings therefor." The resolution was passed, approved and
adopted by a unanimous vote.
NEW BUSINESS
(a) Irrevocable Offer of Dedication - Klusmann:
Councilman Chermak made a motion to accept the Irrevocable Offer
of Dedication from Wes H. Klusmann and Gertrude E. Klusmann and
directed the City Clerk to record said document. Councilman Bathgate
seconded the motion and it carried unanimously. So ordered.
(b) Resolution of condemnation for Assessment District No. 64-1:
Councilman Buchheim offered a resolution entitled, "Resolution
of the City Council of the City of San Juan Capistrano declaring
the convenience and necessity for acquiring rights of way for sewer
purposes and authorizing the City Attorney to initiate Eminent Domain
proceedings therefor." The resolution was passed, approved and
adopted by a unanimous vote.
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and.REPORTS
(a) Director of Public Works - T. J. Meadows:
(1) U. S. Army Corps of Engineers to hold public hearing in Riverside,
California, on Wednesday, February 10, 1965, at 10:00 A. M.,
regarding Santa Ana River Basin and Orange County.
Mr. Meadows and Mr. Kubota will attend to represent the
City of San Juan Capistrano.
(2) San Diego Regional Water Pollution Control Board - regarding
application for Federal sewerage construction grants:
No need to make application this year.
(b) City Engineer - Jack Y. Kubota:
(1) Construction has started on Tract 5733, Kolbet.
(2) Baptist Church will review discussion with City Engineer and
make formal presentation to the council.
(3) Orange County Waterworks District No. 4 proposes a water line
on extension of San Juan Creek Road to city limits.
City Engineer was directed to work with Orange County
Waterworks District No. 4 engineers.
(c) Councilman Bathgate:
(1) Related illegal division of lands that have occured through real
estate brokers.
Councilman Chermak made a motion that any brokers further
creating an illegal division of land through sale be reported
to the State Division of Real Estate by the City Clerk and
request that formal action be taken. Councilman Bathgate
seconded the motion and it carried unanimously.
(2) Related problem of insufficient reflectors at the Casitas Capistrano
development on Camino Capistrano.
(d) Councilman Buchheim brought up consideration of council expenses
attending functions on behalf of the City.
Councilman Bathgate made a motion that City Councilmen be reimbursed
for expenses incurred attending functions on behalf of the City. This
includes an allowance of 10¢ per mile, and for food, lodging and
travel expenses when necessary. Councilman Chermak seconded the
motion and it carried unanimously. So ordered.
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(e) Mayor Durnford:
(1) Related meeting with State Division of Highways regarding inter-
change at Darmi property.
(2) Related problem of standing water on easement extension of San
Juan Creek Road caused by the loading of water trucks.
The meeting was adjourned at 10:55 P. M•
Er st 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 8th day of
February, 1965.
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