62-0102_CC_Minutes_Adjourned Regular Meetingrespect to anticipated budget. He then openly charged that the Chief of Police
had an "acedemic resume, but no actual Police experience". He also questioned
the necessity of 'incident reports'. He then asked:
1. "What are you (the City council) going to do about it? ; and
2. "What City official was present in a conference with Msgr. Russell, Jose'
Rosan, and William A. Schmidt, with respect to the appointment to Chief of
Police"Y
Mr. Robert Gardner insisted upon individual answere from each Councilman and
William A. Schmidt before entering into his presentation and discussion.
All. persons answered with a firm denial of being present or even having seen
Msgr. Russell since the visit of Governor Edmund G. (Pat) Brown, May 6, 1961.
At this point, Mr. Paul Herbold, present in the audience at the rear of the
room, collapsed and died. (8:05 P. M.)
Recess was declared by the Mayor.
The City Council reconvened at 9:00 P. M. to consider the Treasurer's Demands.
Councilman Chermak made a motion, duly seconded and carried, approving the
payment of Demands as listed and submitted by the City Treasurer.
The City Council adjourned the meeting at 9:05 P. M., until 7:30 P. M.,
Tuesday, January 2, 1962.
Erne A. Thompson
City Clerk -Administrator
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Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano
January 2, 1962
The meeting convened at 7:38 P. M. with Mayor Carl E. Buchheim presiding.
Antonio M. Olivares recited the invocation; followed by the pledge of allegiance
to the flag.
A moment of silence was observed as due respect to the late Paul Herhold.
The City Clerk called the roll. Councilmen present: William A. Bathgate,
Edward S. Chermak, Don Durnford, Antonio M. (Tony) Olivares and Carl'E. Buchheim.
Councilmen absent: None.
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WRITTEN COMMUNCIATIONS:
1. Memo __ from Orange County Civil Defense re: Federal Shelters Survey to
be launched on Friday, January 12, 1962.
2. Letter from the Orange County Planning Commission re: the request of the
Regional Parks Advisory Committee for information in order to initiate the
preparation of a master plan of regional parks for Orange County.
3. Minute Orders of the Board of Supervisors re: (a) Proposed Engineering
Study and Preliminary Report for zone improvement district within Orange County
Waterworks District No. 4, and
(b) Public Hearing Closed for the Proposed Dissolution of Orange County
Waterworks District No. 4.
4. Letter from Spanish Treasures, Mr, and Mrs. Daniel Brown, expressing
gratitude and extending commendation.
5. Letter copy to the Board of Supervisors by the County Auditor -Controller
with respect to the authorization for transfer of funds of the defunct San Juan
Capistrano Sanitary District over to the City of San Juan Capistrano.
6. Letter report of review and recommendations from Diehl, Evans and Company
re: the financial accounting and record establishment with the transfer of funds
from the County to the City ,jurisdiction.
ORAL COMMUNICATIONS:
Mayor Buchheim requested an expression from the City Council relative to
limit of time for those persons wishing to be heard with respect to the matter of
'Chief of Police', as continued from the regular meeting of December 26, 1961.
Motion was made by Councilman Durnford, duly seconded to speak with
propreity, for unlimited time. Motion carried and so ordered.
Mr. Robert Gardner inquired as to the authenticity of statement of publication
that Mr. William A. Schmidt had offered to resign from the office of Chief of Police.
No affirmation to the statement was received from councilmen, the city clerk,
or Mr. Schmidt.
With this, he then appealed to the City Council to suspend the appointment of
Mr. William A. Schmidt as Chief of Police.
Councilman Olivares made a motion duly seconded by Councilman Bathgate, that
the City Council request a resignation from Mr. Schmidt.
Discussion followed.
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The motion failed by a 3 - 2 vote (Ayes: Olivares and Bathgate; Noes: Chermak,
Durnford and Buchheim; with Mayor Buchheim qualifying his deciding vote).
Mr. Robert Gardner commended the Council, but with written authority to
speak for'Mrs. Robert Gardner, again he appealed to the City Council to suspend the
appointment of the Chief of Police.
Mr. C. V. Dellinger presented statements and questions to the City Council
at some length; statements and questions of inference of the Chief of Police
(a) not being qualified for the position, (b) bang influenced through possible
collusion with the San Juan Capistrano Mission, and (d) that the appointment was
irregular by opinion of six (6) attorneys and the State Justice Department.
Motion made by Mayor Buchheim to cease further discussion on the matter of
Chief of Police; and that if further charges are to be made, the charges will be
supported by facts of proof, and to be submitted and revealed in an "Executive
Session". Motion seconded by Councilman Durnford, and carried. (Councilman
Bathgate abstained from voting.)
Mr. Remmers was present and spoke on the problems of developing sewer facilities
for the southwesterly section of the City of San Juan Capistrano and the lower
valley area towards the Pacific Ocean. He related the feasibility of coordinated
efforts of a certain area within the city limits and th t area just southerly
of Camino del Avion for participating in cost for construction of a trunk sewer
connection to either the Dana Point Sanitary facility or the Capistrano Beach
Sanitary facility.
The City Council took the matter under consideration to render a decision at the
next regular meeting.
PLANNING COMMISSION REPORT:
Fred L. Newhart, Jr., chairman of the Planning Commission reported the following:
1. Public Hearing on the Land Use Variance application of Mr. Alex Schmick
to permit construction of a single family residence on a parcel of land located
westerly of Aquacate Road. Recommendation for approval was submitted.
Councilman Chermak made a motion to uphold the recommendation of the
Planning Commission and approve the granting of the Land Use Variance. Motion was
seconded by Councilman Durnford. Motion carried.
2. Public Hearing was held to consider the permitted uses and classifications
for R_1, R-2 and R_3 zoning. Recommendation was submitted for the adoption by
amendment to the Land Use Ordinance, Ordinance No. 5.
3. Announcement was made for the Public Hearing for three (3) issues to be
heard, Thursday, January 4, 1962, at 2:00 P. M. by the Planing Commission. They are:
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(1) Land Use Variance to permit the expansion of the existing Standard Oil
Service Station located at the southeast corner of Ortega Highway and the San Diego
Freeway;
(2) Land Use Variance to permit the construction of an outdoor advertising
sign for Pacesetter Homes, in San Clemente; the sign to be located on top of hill
just west of Camino Capistrano and approximately 1300 feet north of the south
city limits; and
(3) Change of zone on approximately 97 acres of U-1, Unclassified to (a)
29.06 acres for C_1, Local Business; (b) 6.84 acres for R_3, Apartments; and (c)
60.91 acres for R_1, Single family residences. Location of the proposed requested
zone change lies just wit in the southerly city limits and east of the San Diego
Freeway (at the end of Via California of Canistrano Palisades area).
COMMITTEE REPORTS:
Mr. Robert Williams appealed to the City Council to place a proposal on the
ballot in the General Municipal Election with respect to local control of the water
in the city.
Councilman Bathgate made a motion to place such a proposition, and to be
properly worded, on the ballot for the General Municipal Election. Motion duly
seconded and carried.
UNFINISHED BUSINESS:
1. Animal Licensing Ordinance
Second Reading of the Animal Licensing Ordinance was given, except by title only.
Councilman Durnford offered a resolution to accept and adopt Ordinance No. 43
An Ordinance of the City of San Juan Capistrano, establishing and adopting by
reference an ordinance of the County of Orange, providing for the licensing of
dogs and impounding of animals, regulating the keeping and control of animals,
the control and suppression of rabies and other infections and contagious diseases
and providing_, a penalty for vi$ation thereof.
Resolution was aCCepted and adopted unanimously.
2. John H. Dawson, City Attorney, submitted a grading ordinance format to be
considered by the City Council.
3. The subdivision ordinance of the City of Santa Barbara was recommended as
the most basic acceptable ordinance format to be adopted by the City of San Juan
Capistrano. Further, it is recommended that the Planning Commission take it for
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study and report, together with the consideration of the consulting engineer.
4. The payment of the employees of the Department of Public Works was sub-
mitted for Council consideration.
Councilman Durnford made a motion to pay those employees, (except Mrs. Virginia
Meadows) in view of the fact that the Orange County Board of Supervisors had
approved the request for transfer of funds and accounts to the City of San Juan
Capistrano.
NEW BUSINESS:
1. Councilman Olivares inquired as to the possibility for the Sheriff's
Department to provide an overlaps of patrol shifts between Area Beat No. 9 and Area
Beat No. 10, in order to provide an available patrol car in the area, especially
during the midnight hours.
2. The City Administrator submitted the consideration of request to the
Sheriff's Department, also, for some provision of gasoline for refueling of the
Sheriff patrol cars, instead of returning all the way to Santa Ana.
These aforementioned matters to be handled by the City Administrator.
RECOMMENDATIONS and REPORTS:
1. City Clerk -Administrator related several matters to be forthcoming for
consideration and decision by the City Council at the next regular meeting.
Details and itemization on the agenda will be submitted.
2. City Attorney - extended the consideration and help in setting forth
definite wording and definition in composing zoning and land use ordinances.
3. Councilman Bathgate made a motion to restrict any further activity of
the Chief of Police, until the existing situation is resolved. Seconded by Council-
man Olivares. Motion carried.
4. Councilman Durnford related the situation of trucks spedding along Los
Rios Street.
The City Clerk reported the Sheriff had been advised.
5. Mr. George Kastorff requested exhibits and proposals for land use and
zoning be displayed pior to Public Hearings and confirmed establishments of area
zoning.
The meeting adjourned at 10:05 P. M-
Erne6t A. Thompson
City Clerk -Administrator
These are the official proceedings of the regular meeting, held December 26, 1961,
and the adjourned regular meeting, held January 2, 1962, by the City Council of
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