61-0911_CC_Minutes_Regular Meetingby the County, and recommended going on record as strongly opposing the consider-
ation for zone change to M -R, as suggested. The Planning Commission has sent letter
to the Orange County Planning Commission recommending denial.
Councilman Durnford offered a resolution to unanimously vote to uphold the
recommendation of the City Planning Commission and strongly urge denial of the
rezoning to M -R.
City Attorney, John Dawson, strongly urges the annexation of those areas of
Orange County Waterworks District No. 4, lying outside the City.
Mayor Buchheim proposed a citizens committee within and without the limits of
the City. He then appointed those persons on the committee, as those having
previously submitted a report and request, namely: Fred Newhart, John Haas,
Charlotte Calhoun, Bob Williams, Lynn Shrewsbury, Ed Holtz, Boyd Robertson,
Clarence Brown and Ruth Robertson.
Councilman Bathgate inquired further as to the changes of Police and Law
Enforcement.
Councilman Chermak asked for a vote on the favored samply for a City Seal.
Meetng adjourned at 10:35 P. M.
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Ernest A. Thompson
City Clerk -Administrator
These are the official proceedings of the City Council of the City of San Juan
Capistrano, California.
Regular Meeting of the City Council of the City of San Juan Capistrano
September 11, 1961
The meeting was called to order at 7:30 P. M., by Mayor Carl E. Buchheim.
Invocation was given by Dr. William C. Loper, reverend of the Presbyterian
Community Church, San Juan Capistrano.
Pledge of allegiance to the flag was made.
The City Clerk called the roll. Councilmen present: Mayor Carl E. Buchheim,
William A. Bathgate, Edward S. Chermak, Don Durnford, and Antonio M. (Tony) Olivares.
Councilmen absent : N ne.
The minutes of the meeting of August 28, 1961, were read and approved.
WRITTEN COMMUNICATIONS:
1. The Clerk read a letter from the State Divisionof Highways re: the
resolution of the State Highway Commission relinquishing that portion of "Old
State Highway 101" (now Camino Capistrano) lying within the City limits and
being that section from the 'off and on ramps' for the southbound San Diego
Freeway to the southerly city limits, a distance of approximately 0.38 miles.
2. Letter from Paul Phelps re: Insurance coverage and premium for the
equipment and documentary papers contained in the City Hall.
TREASURER'S REPORT:
The Treasurer's Report for the period ending August 31, 1961, was read and
approved.
The City Clerk -Administrator introduced the Fifth District Supervisor, Mr.
Claire M. Nelson; the Orange County Undersheriff, Robert H. Sharp; the Assistant
Director of Finance of Orange County, Jerry Orrick; and Associate Engineer with
J. A. Woolley Consulting Engineers, Bill Lundy.
The Mayor called upon Mr. Fred L. Newhart, Jr., to report the activity of
the citizens committee for water.
Mr. Newhart read the minutes of a meeting held Thursday, September 7, 1961,
in the San Juan School, and further relating the motions and recommendations
of that committee meeting.
The Mayor then called upon Mr. Claire Nelson to express his views on
government, city -county jurisdiction transfer, and local control.
To this, Mr. Nelson stated that he was favorable to local government and
local control, but with respect to Orange County Waterworks District No. 4,
he was opposed to the immediate dissolution. Moreover, he desired a smooth _
transition to take place at a later time, with a sincere hope to act in the best
interest of the people of the whole area. He also concurred with City Attorney,
John Dawson, that dissolution of the District could take place at this time,
but adversely so.
Mayor Buchheim commented sympathetically with added mutual statements.
The City Attorney advised that he and Steve Tamura, County Counsel, should
get together with an 'advisory committee' to work out the incidental powers and
administrations.
A question was projected to Mr. Nelson as to whether certain contracts had
been signed with the Moulton, -Niguel Water District.
The answer was non -committal, but added that new legislation has been passed,
whereby it restricts the amount of bonds a Waterworks District may issue or sell.
John H. Dawson, City Attorney, then related that there were addendum proposals
to be injected, in order to serve justification of powers and agreement.
Discussion followed.
Mayor Buchheim relinquished control of the meeting to Councilman Durnford,
Mayor pro tem.
Councilman Durnford takes control of the meeting to discuss the facets and
statements in regard to police and law enforcement charges which were related
at a meetng of June 26, 1961.
Undersheriff Bob Sharp proceeded to explain percentage of activity in a pattol
beat, and the inaugural of a point system of values for cost charges, with Jerry
Orrick supplying the statistical material.
Discussion continued.
Supervisor Claire Nelson proposed some sort of committee be formed to
negotiate for terms along the lines of consideration that had been extended to the
City of Costa Mesa in its early cityhood, and as other cities have had.
"FIVE MINUTE RECESS"............
PLANNING COMMISSION REPORT:
Planning Commission Chairman, Fred L. Newhart, Jr., reported the following
items processed on the agenda:
1. Mr. Birtcher's application and request to construct three (3) single
family dwellings on a parcel of land, westerly of Del Obispo Street and southerly
of the 'Bend'. Recommendation was submitted to the City Council for denial, in
the present form of application.
2. Mrs. Jean Daneri McBride's application and request to permit a trailer
house to be located and used for a single family dwelling, on the easterly side
of Alipaz Street and northerly of Camino del Avion. Planning Commission recommended
approval for period of six (6) months, subject to conditions that the front yard
setback be 25 feet; side yard _ 5 feet; and that connection to sanitary facilities
be made, meeting the requirements of the Orange County Building Department.
Fred Newhart further reported the ,joint meeting and session with the San
Clemente Planning Commission with regard to proposals of an airport site to be
located in the area. Also, the discussion relative to the inter -connecting 'Primary
and Secondary Arterial Streets' with San Clemente.
9-11-61
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Public hearing, relative to the application of Pipher Crane and Rigging,
requesting permission to establish a construction equipment storage yard, along
Alipaz Street, was set for Monday, September 25, 1961, at 2:00 P. M.
The City Council took action on the items and recommendations:
Councilman Chermak made a motion, duly seconded by Councilman Durnford,
to uphold the recommendation for denial for Mr. Birtcher's application. Motion
passed and so ordered.
Councilman Durnford made a motion to uphold the recommendation of approval, _
with the subjected conditions for Mxs Jean Daneri McBride's application.
Passed and so ordered.
COMMITTEE REPORTS:
1. Office Personnel - Report and recommendation deferred for two (2) weeks.
2. The City Clerk reported a survey of the status of vending machines, within
the city limits. Roughly 85% are placed in consignment by agencies outside the
city. The revenues of the 15%, owned or being purchased by the individual business-
men of the city, derived from the machins are only approximately 80-85% of the
costs of operating, excluding the maintenance. Therefore, recommendation is
submitted for the reconsideration andxeview of the fee schedule set forth in
Ordinance No. 24, Section 16.
The Mayor appointed John Dawson, William Bathgate and Ernest A. Thompson,
as a committee to study a new schedule of fees.
UNFINISHED BUSINESS:
1. Parking Ordinance:
Councilman Bathgate made a motion to waive the reading of the ordinance
except by title only. Seconded by Councilman Olivares. Motion carried.
2. Councilman Olivares offered a resolution to adopt the Parking Ordinance,
Ordinance No. 32. The resolution was accepted and adopted unanimously.
3. Councilman Durnford offered a resolution to accept the proposed
relinquishment of that certain portion of San Juan Hot Springs Road (Spring
Street), by the State Division of Highways, and to waive the nineth (90) day
waiting period. Resolution accepted and adopted unanimously.
4. City Seal - Councilman Chermak reported tht the drafting for the
official city seal is being processed further by Rosan, Inc.
5. Public hearing was held for the granting of a franchise to the
Southern Counties Gas Company. There were no protests entered in writing or
orally.
Councilman Durnford made a motion, seconded by Councilman Bathgate, to
waive the reading of the ordinance, Ordinance No. 33, except by title only. Motion
carried. This constituted the first reading of the proposed franchise ordinance.
The second reading will be made at the next regular Council meeting to be held
September 25, 1961.
NEW BUSINESS•
1. A request from Mr. Fred Stewart f o r permission to establish a taxi
service within the city was deferred for processing by the City Attorny.
2. The City Administrator inquired as to the policy regarding the usage
of the City Hall, for purposes of civic interests, but not directly City functions.
Matter taken under submission.
and REPORTS:
City Attorney, John Dawson, requested an endorsement of the proposed
amendments to be inserted in the agreement with the Moulton -Niguel Water District.
Councilman Durnford made a motion, seconded by Councilman Bathgate, to
expeditiously pursue the processing of the projected amendments and/or agenda
to the agreement with the Moulton -Niguel Water District. Motion carried.
Councilman Olivares inquired as to the possibility of having Gates Sweeping
Service sweep the City streets on a Saturday instead of Mondays. The matter
taken under advisement and Mr. Gates to be contacted.
Councilman Chermak inquired into the cost of the placement of asphalt along
the "Capistrano Market" and the "Swallows", to help prevent damage to car
bumpers and front ends of cars that park in that area.
Mayor Carl E. Buchheim appointed Councilman Durnford, along with two
other Councilmen of his choice, to serve as a committee to negotiate and
arbitrate the matter of cost of police and law enforcement services, pursuant to
the offer of Supervisor Nelson's statement of willingness to discuss these
matters.
Meeting adjourned at 10:43 P. M.
Erne6t A. Thompson
City Clerk -Administrator
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