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62-1210_CC_Minutes_Regular MeetingMs's The meeting was called to order at 7:30 P.M., by Mayor Carl E. Buchheim. Pledge of allegiance to the flag and the invocation was given. The City Clerk called the roll. Councilmen present were: William A. Bathgate, Eric F. Cliff, Don Durnford, Antonio (Tony) M. Olivares and Carl E. Buchheim. Councilmen absent: None. The minutes of the regular meeting held November 26, 1962, we -e ap- proved as submitted. Written communications were received and ordered filed. There were no "oral communications" to be heard, at this time. TREASURER'S REPORT— The City Treasurer's Report for the month of November, 1962, was submitted to the Council and duly accepted and approved. COMMITTEE REPORTS -- 1. City Administrator, Ernest A. Thompson, reported the bids re- ceived for the possible paving improvement of Camino Capistrano from Del Obispo driveway. A bid from Fiorgan Paving Company for an estimated cost of $4,551.75. Another bid submitted in the amount of $5,253.77 was by the County of Orange, Highway Department. Previously, an initial bid received from the contractor, doing the paving of the narking are for the bank building, in the amount of $5,484.00. In view of the possibility that_Orange County Waterworks ilistrict No. 4 will be replacing the water main in the street, the City Council took no action. 2. The City Administrator gave a report and recommendations of the Southern California Automobile Club regarding a 'traffic and speed survey' on Camino Capistrano and Ortega Highway. The report reflected that the speed limits were reasonable and the only recommendation would be to (1) install some additional traffic warning signs and (2) install 'END of 25 MPH' and 'END of 35 MPH' signs for those particular speed zones now in existence. PLANNING COh1MISS10N REPORT — Planning Commission Secretary Captain Ed. Holtz reported on: 1. Land Use Variance of Mr. Benjamin Charles and Mr. Wm. McKenzie Brown requesting permission to construct a porch at less than the required 1-/O- G -1- 48.7 front yard setback and also contruct new addition at less than the 5 feet required for side yard setback on the southerly portion of their property. All required processing and public he'�rings being handled, the Planning Commission recommended approval. Councilmen Durnford made a motion, duly seconded by Councilman Cliff to uphold the recommendation and grant approval of the variance. Passed and so ordered. 2. Secretary Holtz reported the rendering of decisions on the three 'division of land' requests to wit; (a) denial of the applicat- ion of Mr. Wm. R. Williams and Mr. James Bathgate for reasons based upon the division would be created without proper vehicular access, and (b) approval of the application of Mr. Doss & Dr. Watkins for division of property located on the westerly side of Camino Capistrano just north- erly of Rancho San Juan. The City Council opened a discussion with the secretary of the Plann- ing Commission, in order to clarify the policies and procedures being set forth in handling the 'division of land' requests. The discussion was quite lengthy and questions and answers were made. In this way the Council and those persons present were better informed of the procedures. 3. At this point, Mayor Carl E. Buchheim called upon Mr. "arco F. "Tom" Forster to state his business. Mr. Forster had been informed that the City's Planning Commission was recommending a "denial" for the variance request to permit a clay pit operation in the Trampass Canyon area, east of the City of San Juan Capistrano, and that a letter was being sent to the Orange County Plann- ing Commission conveying this recommendation. In explaining the recommendation, Secretary Holtz stated that be- cause of the truck traffic hazard on the Ortega Highway, the Planning Co,mission felt justified in entering a spa tement recommending such denial. Councilman Durnford made a motion, duly seconded, to destroy the letter to be sent by the Planning �ommi.ssion and the City Council to sub- mit a letter conveying "no opposition". Motion passed and so ordered. The City Council then took up the matter of traffic on the Ortega /2-/O-6u— 18L Highway and thus instructed the City Administrator to request the Divis- ion of Highway, State of California, to conduct a speed and traffic sur- vey along Ortega Highway, Mayor Buchheim, in view of the traffic report of the Auto Club, ap- pointed a special committee, consisting of Don Durnford, Bill Bathgate, and the City Administrator to further study and report the 'speed and traffic' conditions within the City and propose an ordinance to designate the appropriate speed limit zones along the certain streets of the City. Five Minute Recess UNFINISHED BUSINESS 1. District Zoning Second reading of an ordinance establishing district zoning of E_2, E-3, and E_4 Estate zoning for that area lying northerly and west- erly of Del Obispo Street, called the 'mesa' area, and as shown on Ex- hibit "A", a sectional district map of the City. Councilman Bathgate offered a resolution to adopt the ordinance Ordinance No. 60, "A Ordinance of the City of San Juan Capistrano adopt- ing Exhibit "A" of Sectional District Map defining the boundaries of "E-2, Medium Estates", 11E-3, Small Estates", and "E-4, Hillside Estates" Dis- trict Zoning within the City of San Juan Capistrano, California". Resolution was accepted and adopted unanim;usly. 2. Mobilehome Park Ordinance Second reading of an ordinance establishing regulations, in addition to those set forth by Sections 18000 et seq. Health and Safety Code, State of California, was made. Councilman Durnford offered a resolution for adoption of the ordin- ance, Ordinance No. 61, "An Ordinance of the City of San Juan Capistrano regulation mobilehome parks. Resolution was accepted, adopted and approved unanimously by the City Council. 3. Anti -Litter Law Before reading the proposed ordinance into the record, to con- stitute a "first reading", considerable discussion among the members of the City Council took place to the extent of (a) possible enforcement, (b) liability to schools, (c) purchase of trash cans, and (d) committee to survey the situation further. Following the lengthy discussion, Councilman Durnford made a motion to have the proposed ordinance, in full, to constitute the 'first read- ing'. Motion was finally seconded by Councilman Cliff. Motion carried by a majority vote, with Councilman Olivares dissent- ing. So ordered. 4. Auditing Contract — After some discussion to the question of Councilman 3athgate if Diehl, Evans and Company was the only firm that could do the City's auditing. Councilman Cliff made a motion to approve the contract. Councilman Bathgate duly seconded the motion. Motion carried and so ordered. 5. Councilman Bathgate suggested the establishment of a "public works commission", in order to act as an advisory agency for promoting conditions of streets and highways water, sewers, and drainage He then put it in the form of a resolution, authorizing the Mayor to appoint a seven (7) member commission, to serve at the pleasure of the City Council in an advisory capacity only. Discussion followed. the resolution was accepted, adopted and approved by a majority vote, with Mayor Buchheim dissenting. NEW BUSINESS: 1. Business License - Transfer Councilman Cliff made a motion to approve the transfer of the Business License (a) Joseph P. Mason, Hotel Capistrano to Dale C. Work- man, Hotel Capistrano and San Juan Capistrano Restaurant Inc., and (b) Ralph Clarke, Associated 'Flying A' Service Station to Miles D. Van Horn, Associated 'Flying A' Service Station. Motion was duly seconded and carried. So ordered. 2. Representative Appointment to Orange County Mosquito Abatement District. Councilman Durnford made a motion to re -appoint Mr. Howard Lattimer. He commended Mr. Lattimer for his past service and felt the reappointment was warranted. Councilman Bathgate seconded the motion. /2-/+7- 6v 191) Motion carried unanimously. 3. City Administrator, Ernest A. Thompson submitted a proposed "easement offer" along Alipaz Street from Mr. Leo Windolph to the City Council and City Attorney, John Dawson, for approval as to form, and formal acceptance. After reviewing the document the City Administrator was inst- ructed to re -draft the document and notify the person, so that official signing could be made. RECOMMENDATIONS & REPORTS: — 1. City Administrator — (a) Announced the scheduled meeting of the Board of Directors of the Capistrano Beach Sanitary District to be held Wednesday evening, 7:30 P.M., December 12, 1962, at the school in Capistrano Beach. (b) Announced the meeting of the Executive Committee, Orange County League of Cities, to be held Thursday, December 13, 1962, Frieder - man Hall, Orange, California. 2, City Attorney — commended the City Council on their progress in handling the proposed 'anti -litter law' ordinance. 3. Director of Public Works Reported the proposed establishment and/or revi3ion of sewer permit fees and connection fees. A full report will be forthcoming at the next regular meeting. 4. Councilman Bathgate reported on a meeting attended by him re- garding endorsement and support the proposed development of Dana Point Harbor. He offered a resolution of endorsement and further requesting support of State legislators and United States Congressman and Senators, by send- 1� ing a copy of said resolution to each. The resolution was accepted, and adopted and approved unanimously. The meeting adjourned at 10:57 P.M. C- Ernest A. Tho on City Clerk -Administrator These are the official proceedings of the Regular meeting of the City Council of the City of San Juan Capistrano, held the 10th day of 14K /n -!°2