62-0213_CC_Minutes_Adjourned Regular Meetingother cities relative to the pro -rating, and report back.
Recommendations and Reports:
1. Councilman Olivares entered statements that some people had
said that "he had gone over to the other -side"; that the City Council
"had been split". He further made comment upholding the right that his
wife may "speak at this meeting or any meeting".
The meeting adjourned at 10:20 P.M., until Tuesday, February 13,
1962, at 7:30 P.M.
Ernest A. Thompson
City Clerk -Administrator
These are the official proceedings of the City Council of San Juan
Capistrano of a regular meeting held thereof, Monday, January 22, 1962.
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Minutes of the Adjourned Regular Meeting of the City Council of
San Juan Capistrano.
February 13, 1962
The meeting was called to order at 7:35 P.M., by Mayor Carl E.
Buchheim.
Invocation was given by Ernest A. Thompson, Pledge of allegiance
to the flag was then recited.
The Clerk called the roll. Councily% n present were: William A.
Bathgate, Edward. S. Chermak, Don Durnford, Antonio (Tony) M. Olivares
and Carl E. Buchheim. Councilman absent: None.
The Clerk was requested to read the minutes of the meeting of the
City Council, held January 22, 1962
as corrected.
Written Communications:
The minutes were then approved,
1. Letter from the Orange County League of Cities rep participa-
tion in filing of a brief in connection with Carol Lane case and the
recent opinion submitted by the State Supreme Court. Decision a,nd state
desire for classification to the pre-emption by State jurisdiction.
The City Attorney related his views and then advised against any
participation in filing the brief.
2. Letter from the San Diego Reginnal Water and Pollution Control
Board re: application for Federal sewerage construction grants in 1962-
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1963.
3. Letter of request from the Santiago Girl Scout Council re: Co-
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okie Sale to be held in San Juan Capistrano, February 17 to March 3, 1962.
Councilman Durnford made a motion duly seconded by Councilman Chermak,
to approve the request of the Santiago Girl Scout Council for permission
to hold a cookie sale in the City, from February 17 to March 3, 1962.
Motion carried.
4. Four letters from the San Juan Capistrano Chamber of Commerce
re: the "Fiesta de la Golondrinas" and parade relative to --
(a) Ortega Highway street closure between Camino Capistrano
and E1 Camino Real;
(b) Licensing for Chamber of Commerce to handle concessions
for the specified three days;
(c) Closure and no parking along parade route, during hours
specified March 17, 1962; and
(d) Temnorary banner -type sign to be placed above the Ortega
Highway, adjacent to Mission Motors garage.
Councilman Chermak made a motion to grant anproval in every respect
conditionally that the Chamber of Commerce take full responsibility of the
entire.activity, including insurance coverage (to also cover the City of
San Juan Capistrano) and the thorough clean-up operation. Motion seconded
by Councilman Durnford. Motion passed unanimously.
5. Flood Control report on conditions of the 1956 issue flood con-
trol district program.
Oral Communications:
Jose' Rosan presents the official city seal (counter press apparatus)
to the City Council and the City in total.
Mayor Buchheim graciously receives the city seal and extends appreciation
on behalf of himself, fellow councilmen and the entire city.
. Mayor Buchheim made a motion to accept the seal. Motion seconded
and carried unanimously.
The City Clerk called upon Mr. Fred. L. Newhart, Jr. for the Plan-
ning Commission's recommendation on the proposed annexation of the Mou-
lton property as requested by Mr. Ross Cortese.
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106
The Planning Commission recommended denials based upon topography
and does not lie within the proper sphere of influence.
Mr. Scott Brebner requested to be permitted to speak on behalf of
Mr. Cortese and the proposed Moulton property annexation. He projected
further reasons and statements to qualify the request for annexing to
the City of San Juan Capistrano. There was a desire to join San Juan
Capistrano in progress.
He then qualified Mr. Cortese as a person, a developer; a business-
man and challenged anyone to search the records at city, county, state,
and federal government levels for any adverse reputation.
He further reiterated the provisions and setup for the Rossmoor
Leisure World development as to the promotion of a hospital, shopping
center, and industrial sites in the area. At no time could development
be qualified to be tax-exempt.
He was questioned why the developer had not approached some other
city and the county with the proposed development.
He answered this by saying that there was no desire to be under
County jurisdiction.
City Attorney, John H. Dawson, injected the provisions and condit-
ions for qualifying for tax-exempt status, in great detail. He further
stated the consideration of the financial aspect versus liability for
the City. Then he explained some of the vote comnlexities and how it
could be handled by becoming a "charter city".
Councilman Olivares made a motion to aocept the recommendation of
the Planning Commission and deny the proposed annexation.
Councilman Bathg;ite inquired about the size and shape of the map-
ped area.
Councilman Chermak requested more time for study.
Councilman Durnford requested processing of the proposal through
a public hearing and vote of the people of San Juan Capistrano.
Mayor Buchheim related his views and endorsed Mr. Cortese and his
record. He further regretted that the proposed request, annexation,
and development was untimely; .that the city might have been in a better
position to consider it more seriously in about two ,years.
Mayor Buchheim then seconded the motion. Roll call vote was made
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as follows:
Olivares -.Aye
Chermak - No
Motion carred.
Recess for Five Minutes.
Treasurer's Monthly Report:
Buchheim - Aye
Durnford - Abstained
Accepted and ordered filed.
Committee Reports;
Bathgate - Aye
Fred L. Newhart, Jr., chairman of the Planning Commission reported
the Public Hearing for the district zoning of R-1, for the.area circum-
venting Los Amigos, and R-2, for the Mission Hill and Mission Flats area.
Recommendation was submitted to approve the zoning of the areas, re-
spectfully, to R-1 and R-2.
Mr. Newhart submitted a request.and recommendation that the Plann-
ing Commission be authorized to employ a Civil Engineer Consultant to
progressively study and draft an acceptable grading and subdivision or-
dinance. The estimated cost to be approximately $800.00.
Councilman Durnford advises the Planning Commission to confine
their efforts to a subdivision and road study, and not consider a grading
ordinance at this time.
Councilman Durnford then made a motion to approve the recommendation
and to authorize employing an engineer for an amount not to exceed $400.00
but for processing a subdivision ordinance only.
Motion seconded and carried.
At this point Fred Newhart called upon Mr. Ed Holtz, secretary of
the Planning Commission to report on the Public. Hearing relative to an
outdoor advertising sign for the Mission Inn Motel, Walnut Grove Resta-
urant, and Richfield Service Station.
The Planning Commission having heard the protests and statements,
condidered the issue and recommended approval.
Councilman Chermak made a motion to uphold the recommendation of
the Planning Commission and grant approval.
Motion seconded and carried.
Fred Newhart then read a letter of resignation of T. J. Meadows,
member of the Planning Commission.
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The City Council accepted the resignation with instructions to
the Clerk to extend appreciation and commendation.
Unfinished Business:
1. Councilman Chermak made a motion to accept.the bid of Russel
Stationers and authorize the purchase of 50 steel folding chairs.
Seconded by Councilman Bathgate. Motion carried
2. Recommendation concurred.by members of the City Council to
defer acquisition of tape recorder, tape, and public address system
until after the next quarterly audit.
3. Ordinance No. 45, establishing the classified uses for R-1,
R-2, and R-3 zoning, was read by title only.
Councilman Durnford offered a resolution to accept and adopt Ordi-
nance No. 45, "An ordinance of the City of San Juan Capistrano, amending
the Land Use Ordinance No. 5, by adding certain sections thereto, estab-
lishing the regulations for R-1, Single-family District, the 9-2, Two-
family District,and R-3, Multiple -family and Apartment District zoning".
Resolution was accepted and adopted unanimously.
4. First reading was made establishing R-1, Single-family District
zoning for the Avenida Los Amigos area, and R-2, Two-family District
zoning for the Mission Hill and Mission Flats area.
5. Pro -rating of Contractor's business license fees was deferred
until consideration and study is held for the 1962-1963 fiscal year's
budget.
6. Public Hearing was held to hear any and all protests and argu-
ments relative to the establishment of San Juan Capistrano Municipal
Sewer District No. 1.
There were No Protests filed.
New Business:
1. Councilman Bathgate offered a resolution of the City Council
calling and giving noticeholding of a General Municipal Election to
be held on Tuesday, the loth day of April, 1962, for the election of
certain officers of the city as required by the provisions of the laws
of the State of California relating to General Law Cities and for the
submission to the qualified electors of the City of a certain question,
proposition qr measure to the desire to go..on record as being in favor
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