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65-0223_CC_Minutes_Regular Meeting. al Minutes of the Regular Meeting of the City Council of San Juan Capistrano FEBRUARY 23, 1965 The regular meeting of the City Council was called to order at 7:32 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. The minutes of the meeting dated February 8, 1965, were approved as submitted. WRITTEN COMMUNICATIONS (a) Letter from B. P. Williamson protesting RZ 64-105 .. Johnson: Item referred to public hearing. (b) Letter from Elmer L. Christiansen regarding sidewalks in Tracts 4678 and 5125 (Darmi, Inc.): Item referred to New Business. TREASURER'S DEMANDS The list of demands and accounts payable on March 1, 1965, was submitted by The City Treasurer, Alice M. Ross. Councilman Chermak made a motion to approve list of demands and instruct the City Treasurer to draft Warrant No's 1179 thru 1217 for a total amount of $44,325.81. Councilman Bathgate seconded the motion and it carried unanimously. So ordered. PUBLIC HEARING (a) Rezone RZ 64_105 _ Johnson: Mayor Durnford opened the public hearing. Mr. Lloyd Johnson, owner and proponent of the property, presented his position. Letters of protest were read from Paul Benson, Julie & Richard Day, Mr. Evinger, for Mr. Duque and Commander B. P. Williamson. Mayor Durnford closed the public hearing. Councilman Buchheim disqualified himself from voting. Councilman Bathgate made a motion to defer any decision until the next regular meeting. Councilman Chermak seconded the motion 2 -?-3- 4f 4'75 and it carried unanimously. So ordered. PLANNING COMMISSION MATTERS (a) Recommendations: (1) Land Use Variance 65-104 (Croddy): City Clerk read report from the Planning Commission recommending approval, subject to conditions. Councilman Chermak made a motion to uphold the recommendation of the Planning Commission for approval of LUV 65-104, subject to conditions. Councilman Buchheim seconded the motion and it carried unanimously. So ordered. UNFINISHED BUSINESS (a) Val Verde sewer connection: Continued until next regular meeting. (b) Val Verde - RZ 64-104: Continued until next regular meeting. (c) Business license ordinance - "time and material" contracting - City Attorney: Reported that the present ordinance is sufficient to enforce business license payment upon "time and material" contractors. "TEN MINUTE RECESS" ............. (d) Employment of a Director of Finance: Discussion was held. Councilman Chermak made a motion that an appropriate resolution be presented to the council including all duties, responsibilities and qualifications for the position of a Director of Finance. Council- man Bathgate seconded the motion and it carried by a majority vote. Councilman Olivares voted "No". (e) Carter sign - City Attorney: To report back to council at next regular meeting. (f) Via California Annexation - Resolution of Intention: Councilman Chermak made a motion to read resolution by title only. Councilman Bathgate seconded the motion and it carried unanimously. So ordered. City Attorney read the resolution by title only, "A resolution of the City Council of the City of San Juan Capistrano acknowledging receipt of a petition for the annexation of certain uninhabited territory 2-z 3-b.r 1,476 as the Via California Annexation; describing the boundaries of the territory proposed to be annexed and giving notice of the day, hour and place where and when any person owning real property within such territory so proposed to be annexed may appear before the City Council and show cause why such territory should not be annexed to the City of San Juan Capistrano." Councilman Chermak offered resolution No. 65-2-23-1 for adoption. The resolution was passed, approved and adopted by a unanimous vote. (g) Val Verde sign variance 65-101: Councilman Chermak made a motion to continue said item until the next regular meeting for further report from the City Attorney regarding progress of the removal of the Carter sign on subject property. Councilman Bathgate seconded the motion and it carried unanimously. So ordered. NEW BUSINESS (a) Agreement - Wes H. Klusmann and Gertrude E. Klusmann - acceptance: Councilman Buchheim made a motion to accept the Agreement from Wes H. Klusmann and Gertrude E. Klusmann. Councilman Bathgate seconded the motion and it carried unanimously. So ordered. (b) Easement Deed - Ermelita Corporation - Acceptance: City Engineer gave report to the council. Mayor Durnford offered a resolution accepting the easement deeds, subject to the engineering of San Diego Gas & Electric Co., for their lighting and also subject to reasonable re -location of any fire hydrants that encroach into the sidewalk. The resolution was passed, approved and adopted by a unanimous vote. (c) Final Map - Tract No. 5733 - acceptance and approval: City Engineer gave report. Councilman Bathgate offered a resolution accepting final tract map No. 5733 and authorizing it to be recorded. The resolution was passed, approved and adopted by a unanimous vote. (d) Condemnation - land outfall sewer: Mayor Durnford verified complaint submitted by the City Attorney. (e) Irrevocable Offer of Dedicabon - Schneider: Councilman Bathgate offered a resolution accepting the Irrevocable Offer to Dedicate from Shelton L. Schneider and Joan C. Schneider and ordered it to be recorded. The resolution was passed, approved z -z 3 - `.r 41 and adopted by a unanimous vote. (f) Agreement - Schneider: Councilman Bathgate made a motion to accept the agreement from Shelton L. Schneider and Joan C. Schneider. The motion was seconded by Councilman Buchheim and it carried unanimously. So ordered. RECOMMENDATIONS and REPORTS (a) City Administrator - Ernest A. Thompson: (1) General Meeting of the Orange County League of Cities, Thursday, February 25, 1965- (2) Sanitation District of Orange County: Regarding Water Quality Act, 1965. Referred to T. J. Meadows for notification of Engineering - Science, Inc. (b) Director of Public Works - T. J. Meadows: (1) Councilman Oivares, Jack Kubota and T. J. Meadows attended meeting in Riverside, California. (2) Letter from Frank Domenichini, Dana Point Sanitary District: Regarding contracts in connection with installation of Items (2), (3) and (4). Councilman Bathgate made a motion that the Mayor and City Clerk be authorized to sign contracts with Dana Point Sanitary District when they become available and also that the City pay for the line extension in the amount of $2,$00. Councilman Olivares seconded the motion and it carried by a majority vote. Mayor Durnford abstained from voting. (c) City Engineer - Jack Y. Kubota: Gave reports on subdivision and individual development in the City. (d) Councilman Bathgate: (1) Related necessity for the establishment of a drainage ordinance. (2) Related problem of processing divisions of land, and questioned progress of the division of land of Russ Cook. City Attorney to prepare agreement for Cook division of land. (e) Councilman Chermak questioned the process of the demolition of the "old Hotel" building. Z-7-3-GSr 478 Suggested that the Mayor and City Administrator notify the con- tractor of the deadline of March 1, 1965, for encroachment into the public streets. (f) Mayor Durnford: (1) Related possible formation of Orange County Transit Study. (2) Inquired as to progress of the drainage study. City Engineer reported that the third section of the drainage study will be delivered to the City before the next regular meeting. (3) Suggested that requirements be set up for employment of a business license inspector. The meeting was adjourned at 11:40 P. M. Ern t 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 23rd day of February, 1965. ,2-23-6 S'