65-0412_CC_Minutes_Regular MeetingRegular Meeting of the City Council of the City of San Juan Capistrano
APRIL 12, 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
Dawson, City Attorney.
The invocation was given by John H.
The election of the Mayor and Mayor Pro -Tom was taken up at this time.
Councilman Chermak made a motion that Mayor Durnford and Mayor Pro -Tem Olivares
be re-elected to their respective offices for another year. Councilman Buchheim
seconded the motion and it carried unanimously. So ordered.
The City Clerk called the roll: Councilmen present were: William A. Bath-
gate, Carl E. Buchheim, Edward S. Chermak, Antonio M. (Tony) Olivares and Don
Durnford. Councilmen absent were: None.
The minutes of the meeting dated March 22, 1965, were approved as submitted.
WRITTEN COMffJNICATIONS
(a) Newsletter - Alton E. Allen - informational.
(b) League of California Cities - Legislative Bulletins.
(c) Citizens For Decent Literature - request for support of Assembly Bill 1313:
Councilman Chermak offered a resolution supporting Assembly Bill 1313.
The resolution was passed, approved and adopted by a unanimous vote.
(d) San Juan Capistrano Chamber of Commerce - Resolution requesting that the
City of San Juan Capistrano join the LARTS program:
Councilman Bathgate made a motion to table the Chamber of Commerce
letter. Councilman Chermak seconded the motion and it carried unanimously.
So ordered.
(e) Resolution of the Board of Supervisors of Orange County regarding the
Arterial Highway Financing Program - informational.
(f) City of Orange - Resolution approving and endorsing the proposed Senate
Constitutional Amendment No. 17 - informational.
(g) Division of Highways - Study for Planning a Continuing Highway Program -
informational.
(h) Orange County Associated Chambers of Commerce - Resolution regarding Kuchel-
Murphy Water Bill (S. 1019).
Councilman Bathgate offered a resolution supporting the Kuchel-Murphy
Water Bill (S. 1019). The resolution was passed, approved and adopted by
a unanimous vote.
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(i) City of Anaheim requesting opposition to Assembly Bills 346 and 431:
Councilman Buchheim offered a resolution opposing Assembly Bills 346
and 431. The resolution was passed, approved and adopted by a unanimous
vote.
(j) Office of the Mayor, Long Beach, California - resolution regarding levy of
2% gross receipt tax on telephone companies - informational.
ORAL COMMUNICATIONS
Mr. Elmer Osterman, Orange County Fire Warden and Mr. Jim Mace, Deputy
State Forester, were present to give a brief resume of the proposed Youth
Conservation Camp to be located approximately nine miles out the Ortega. Highway.
Mfr. Joe Feeney of Engineering -Science, Inc., was present to discuss the
Assessment District with regard to reimbursement to Val Verde Corporation and
Kolbet. Ms. Feeney suggested that four steps be taken in accordance with his
discussion.
(1) Ask Kolbet to pledge 11,488.00 plus or minus.
(2) The City put up monies covering those areas yet to be developed
in the area.
(3) Prepare reimbursement agreements for Val Verde and Kolbet.
(4) Dedication of sewer line and easements from Val Verde Corporation.
Related possible tour of Whittier Narrows Reclamation Plant.
Stated that he had recently presented study of Rosenbaum property to
the City.
Requesting authorization to study the two existing sewer service areas of
Del Obispo and Trabuco. Councilman Bathgate made a motion to authorize the
additional study. Councilman Chermak seconded the motion and it carried
unanimously. So ordered.
Related billing from Housing & Home Finance Agency for $7,100.00 and requested
that he have a chance to study and make a report back to the Council.
Councilman Buchheim offered a resolution entitled, "A resolution of the City
Council of the City of San Juan Capistrano accepting in advance from Kolbet
Company for oversized costs on 1911 Act sewer line, and agreeing to reimburse
Kolbet Company therefor." The resolution was passed, approved and adopted by
a unanimous vote.
Councilman Buchheim offered a resolution entitled, "A resolution of the City
Council of the City of San Juan Capistrano expressing its intention to provide
advance reimbursement contracts for additional sewer line capacity required of
developers in connection with Assessment District 64-1". The resolution was
passed, approved and adopted by a unanimous vote.
Councilman Buchheim offered a resolution entitled, "A resolution of the City
Council of the City of San Juan Capistrano accepting the sewer line easement
offered by Val Verde Corporation, subject to conditions". The resolution was
passed, approved and adopted by a unanimous vote.
TREASURER'S REPORT
The Treasurer's Report for the month of March, 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 March, 1965. The motion was seconded by Councilman Bathgate
and it carried unanimously. So ordered.
PUBLIC HEARINGS
(a) Via California Annexation:
Mayor Durnford opened the public hearing.
There were "No Protests".
Mayor Durnford closed the public hearing.
Councilman Bathgate made a motion to have first reading of the
ordinance by title only.
City Attorney read Ordinance by title only,"An Ordinance of the City
of San Juan Capistrano approving the Annexation to the City of San Juan
Capistrano of the territory known as "Via Californi2'Annexation."
(b) Jack Kent Cook, Inc. - American Cablevision Co. - franchise:
Councilman Chermak offered a new resolution of intention entitled,
"A resolution of the City Council of the City of San Juan Capistrano ordering
publication of notice inviting bids for a non-exclusive franchise for
the construction, installation and operation of television reception and
transmission system". The resolution was passed, approved and adopted by
a unanimous vote.
"TEN MINUTE RECESS" .............
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COMMITTEE REPORT
Councilman Buchheim, Chairman of the Committee regarding Director of Finance
and Business License Inspector gave the following recommendation:
That the employment of a bookkeeper be considered under the jurisdiction
of the treasurer. Also, recommended the retention of the treasurer and
consideration of a business license inspector to work in the field for 2 days
a week. Further, recommended that a decision be made by the first meeting in
May, 1965, for possible employment July 1, 1965.
PLANNING COMMISSION MATTERS
(a) Reports:
(1) Division of Land 65-102 (Stroschein);
Secretary read report from the Planning Commission regarding
the above item.
(2) El Adobe Plaza - Addition:
Secretary read report from the Planning Commission regarding the
above item.
(3) RZ 65-101 (Johnson):
Secretary read report from the Planning Commission regarding the
above item.
(b) Recommendations:
(1) Land Use Variance 65-105 (Sparkuhl):
Planning Commission recommended approval subject to conditions:
Councilman Chermak made a motion to uphold the recommendation of
the Planning Commission. Councilman Buchheim seconded the motion and
it carried unanimously. So ordered.
(2) Land Use Variance 65-106 (Val Verde):
Planning Commission recommended approval subject to conditions.
Councilman Buchheim made a motion to uphold the recommendation
of the Planning Commission. Councilman Chermak seconded the motion
and it carried unanimously. So ordered.
(3) Architectural Restricted Mission Area - Recommend review of Ordinance
No. 31:
City Attorney to review ordinance and report back to the Council.
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UNFINISHED BUSINESS
(a) Second reading of ordinance amending Ordinance No. 34 relating to signs:
City Attorney read Ordinance No. 104 by title only, "An Ordinance
of the City of San Juan Capistrano amending Ordinance No. 34 relating to
signs"
Councilman Chermak offered a resolution adopting Ordinance No. 104.
The resolution was passed, approved and adopted by a unanimous vote.
(b) Val Verde sewer connection:
It was the decision of the Council that Val Verde Corporation would
pay the regular sewer connection charges for their development.
(c) Val Verde - RZ 64-104 - reconsideration of denial:
Councilman Bathgate made a motion to uphold the previous denial
decision of the Council in regard to RZ 64-104. Councilman Buchheim
seconded the motion and it carried unanimously. So ordered.
NEW BUSINESS
(a) Assessment District No. 64_1:
City Attorney to approve contract forms, bond forms and form of
demand for incidental expenses.
(b) Easement Deed - San Juan Creek Road - Croddy Corporation (LUV 65-104):
Councilman Buchheim offered a resolution for acceptance of said
easement deed. The resolution was passed, approved and adopted by a
unanimous vote.
(c) Easement Deed - Camino Capistrano - Philip James Keresey (DL 64-101):
Councilman Chermak offered a resolution for acceptance of said
easement deed. The resolution was passed, approved and adopted by a
unanimous vote.
(d) Performance Bond - Philip James Keresey - DL 64-101:
Councilman Buchheim made a motion to accept the above mentioned per-
formance bond. Councilman Bathgate seconded the motion and it carried
unanimously. So ordered.
(e) Business License Refund - Key Air Conditioning Co.:
Councilman Buchheim made a motion to recommend that said refund be
made. Councilman Chermak seconded the motion and it carried unanimously.
So ordered.
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(f) Waiver request of Land Use Variance procedure - Catherine Daneri Ladd:
Councilman Buchheim made a motion to grant said requested waiver,
subject to the posting of a $1,500.00 faithful performance bond to be
presented to the City, to assure the demolition of the old building within
six months of the date of the issuance of the building permit for the
new structure, and also, the right of ingress and egress to and from said
property. Councilman Olivares seconded the motion and it carried
unanimously. So ordered.
(g) Reimbursement Schedule request - Kolbet, Tract No. 5733:
(Item taken care of under 'oral communications".)
(h) Right of Way Agreement - Assessment District 64-1 - Lorraine C. Newhart:
Engineering -Science, Inc., to report back to the City Council at
their next regular meeting regarding possible re -location of the sewer
line.
(i) Encroachment Permits - for Assessment District No. 64-1 across Orange
County Waterworks District No. 4:
Councilman Buchheim made a motion to authorize the City Administrator
to sign said encroachment permits. Councilman Chermak seconded the motion
and it carried unanimously. So ordered.
(j) Arterial Highway Finance Program Project Administration Agreement - Pro-
ject No. 307 - Alipaz Street:
Councilman Buchheim made a motion to authorize the Mayor and City
Clerk to execute said agreement. Councilman Olivares seconded the motion
and it carried unanimously. So ordered.
(k) Agreement for Street Improvements - San Juan Capistrano Community Presbyterian
Church:
Councilman Bathgate made a motion to accept the agreement for street
improvements from San Juan Capistrano Community Presbyterian Church.
Councilman Chermak seconded the motion and it carried unanimously. So
ordered.
(1) Agreement for Street Improvements - Clifford L. & Nanette L. Blank:
Councilman Buchheim made a motion to accept the above agreement.
Councilman Chermak seconded the motion and it carried unanimously. So
ordered.
(m) Annual Weed Abatement Program, Resolution of Notice and Intention for
removal:
Councilman Bathgate offered a resolution entitled, "Resolution of the
City Council of the City of San Juan Capistrano, California, directing the
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abatement of public nuisances under statutes of 1915, Page 841, and amend-
ments thereto, and providing for the declaration of weeds, rubbish,
refuse, and dirt upon streets, sidewalks, parkways or private property to
be a public nuisance." The resolution was passed, approved and adopted by
a unanimous vote.
(n) Architectural Control - Mission 11H" District:
Item taken care of under "Planning Commission Matters".
(o) Bond exoneration _ street lighting - Tracts 5399 and 5675:
Councilman Buchheim made a motion to exonerate the bonds for street
lighting on Tracts 5399 and 5675. Councilman Olivares seconded the motion
and it carried unanimously. So ordered.
and REPORTS
(a) City Administrator - Ernest A. Thompson:
Gave report on Legislative Committee meeting in Sacramento, regarding
Water Quality Control Board AB 1192, 1193 and 1196; SB 471.
(b) Director of Public Works - T. J. Meadows:
(1) Gave report on re -location requests for sewer line in Assessment
District No. 64-1 (1911 Act).
(2) Presented Change Order No. 3 for the Water Pollution Control Facility,
recommended acceptance.
Councilman Buchheim made a motion authorizing T. J. Meadows to
sign Change Order No. 3 for the Water Pollution Control Facility.
Councilman Olivares seconded the motion and it carried unanimously.
So ordered.
(3) Related receiving bill from Housing & Home Finance Agency:
Will submit to Engineering -Science, Inc., for study.
(c) City Engineer - Jack Y. Kubota:
(1) Construction at a standstill at the present time because of the rain.
(2) Board of Supervisors advertising for bids for water line in Del
Obispo South on Camino Capistrano.
(d) Councilman Buchheim:
Reported receipt of a letter from the Fiesta Association and
suggested that an answer be given.
Councilman Chermak made a motion that the Fiesta Association Committee
be notified of the receipt of their letter. Councilman Buchheim
seconded the motion and it carried unanimously. So ordered.
(e) Mayor Durnford:
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(1) Reported the receipt of the resignation of Captain Edward W. Holtz
from the Planning Commission and Architectural Control Board, effective
April 15, 1965.
Mayor Durnford recommended that Bruce W. Martin be appointed to
fulfill the unexpired term of Mr. Holtz in both capacities.
Councilman Chermak made a motion to uphold the recommendation of
Kayor Durnford. Councilman Buchheim seconded the motion and it
carried by a majority vote. Councilman Bathgate and Mayor Durnford
abstained from voting.
(2) Requested that the Council submit names to fulfill the other vacancy
on the Architectural Control Board.
The meeting adjourned at 11:07 P. M.
Ernelk 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 12th day of April , 1965-
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