63-0513_CC_Minutes_Regular Meeting231
Minutes of the Regular Meeting of the City Council of San Juan Capistrano
May 13, 1963
The regular meeting of the City Council was called to order at 7:30 P.M., by
Mayor William A. Bathgate.
The pledge of allegiance to the flag was recited. The invocation was given
by Mr. John Dawson, City Attorney.
The City Clerk called the roll: Councilmen present were: Carl E. Buchheim,
Eric F. Cliff, Don Durnford, Antonio (Tony) M. Olivares, and William A. Bathgate;
Councilmen absent: none.
The minutes of the previous meeting held April 229 1963, were approved as
submitted.
WRITTEN COMMUNICATIONS:
(a) City Attorney, John Dawson, commented about the budget submitted by the San
Juan Capistrano Chamber of Commerce in which he felt that it is well within the
power of the City to provide for the proper promotion of the City, whatever the
item may be.
Councilman Cliff felt that a decision should not be made until we have the
City budget. Ernest A. Thompson, City Clerk, stated that he is working on the
budget which will be submitted very soon.
Councilman Bathgate felt that from the allocation requested and the budget
submitted by the Chamber of Commerce, that it looks as though the City is paying
90% of their budget.
Councilman Durnford suggested that consideration of the matter be deferred
until a budget hearing is held.
(b) Councilman Buchheim directed the City Clerk to submit a copy of the letter
from the San Diego Gas and Electric Company relating their ideas and proposed
clarification of the proposed zoning of M -L district to the Planning Commission.
(c) City Clerk, Ernest A. Thompson, read a letter from the San Diego Regional
Water Pollution Control Board regarding the City's application for a federal
sewerage construction grant in 1963_1964, which assigns 21.08 water pollution
control needs priority points to the City of San Juan Capistrano.
PUBLIC HEARINGS:
(a) Mayor Bathgate opened Public Hearing on Architectural Control District exten-
sion westerly.
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Inquiry was made regarding the expansion. There were NO PROTESTS.
Therefore, the hearing was announced closed.
Councilman Durnford moved for the first reading of the ordinance proposing
the expansion of the architectural control district and amending Ordinance No. 31.
The motion was seconded by Councilman Buchheim and carried unanimously. Passed
and so ordered.
(b) Mayor Bathgate opened Public Hearing on R -P, Residential -Professional District
regulations.
City Clerk, Ernest A. Thompson, read a letter from the Planning Commission
recommending that the R -P District Regulations be approved and submitted a pro-
posed ordinance which Mr. Thompson read.
There were NO PROTESTS. Therefore, the hearing was declared closed.
Councilman Cliff made a motion that the R -P District Regulations be read by
title only. Motion was seconded by Councilman Durnford and carried unanimously.
Passed and so ordered.
(c) Mayor Bathgate opened Public Hearing on Proposed District Zoning, E.39 R-1,
0_1, and R -P.
City Clerk read a letter from Romarco Realty Company in the name of Robert B.
Honeyman, Jr., Marian S. Honeyman and Robert S. Honeyman requesting that action be
deferred on the property owned by them and designated to be zoned R_P for future
consideration of zoning to C-1.
John Dawson, City Attorney, felt that regulating the zoning was premature and
that the R_P zoning be deleted and considered at a later time, but to go ahead on
the E-3, R-1, and 0-1.
Councilman Durnford moved to delete the R -P zoning. The motion was seconded
by Councilman Cliff and carried unanimously. Ernest Thompson, City Clerk, pointed
out on the map the E-3, R-1, and C-1 zoning locations.
There were no further protests, therefore, hearing was declared closed.
Discussion followed. City Clerk, Ernest Thompson, read ordinance of the pro-
posed district zoning of E-3, R_1, and C_1.
Councilman Bathgate made a motion that the proposed ordinance for the district
zoning of E_3, R-1, and C_1, be read by title only. The motion was seconded by
Councilman Durnford and carried unanimously. Passed and so ordered.
TREASURER'S REPORT:
The monthly report of the financial status of the City of San Juan Capistrano
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for the month ending April 30, 1963, was submitted by the City Treasurer, Alice
Ross.
Councilman Cliff made a motion to approve and accept the Treasurer's report
for the month ending April 30, 1963. The motion was duly seconded by Councilman
Buchheim. Motion passed and report ordered filed.
PLANNING COM IIS3ION REPORTS:
(a) Mr. Ed Holtz, Secretary of the Planning Commission, reported the Planning
Commission issued two (2) resolutions to Darmi Incorporated giving conditional
approval to Tract Map 4678 and 5125.
(b) Tract 5100, Nay Corporation, tested borings prove that soil will not take
septic tanks and will have to have sewers connected to the municipal system.
(c) Public Hearing on development of the Loughridge saddle club.
(d) Mr. Holtz reported there has been a request from the County for a change of
zoning of A_1 on Ortega to S -G to permit a sand and gravel pit operation.
(e) Proposed rezoning from A-1 to R_1, south of Dana Knolls development. Mr.
John Wolfe to convey the Planning Commission's approval verbally.
(f) Public Hearing on proposed zoning of Lower Valley. Deferred action.
UNFINISHED BUSINESS:
(a) Proposed Ordinance - amending Ordinance No. 35 (Excursion Trams) - Second
Reading.
Councilman Durnford made a motion to proceed with the "Second Reading" of
Ordinance No. 64. The motion was seconded by Councilman Cliff.
City Clerk, Ernest A. Thompson, read Ordinance No. 64 in full, "An Ordinance
of the City of San Juan Capistrano, Amending Ordinance No. 35 by Incorporating Therein
Provisions for the Licensing and Regulation of Excursion Trams and Defining the
Same."
This constituted the "Second Reading". Councilman Cliff offered a resolution
to adopt Ordinance No. 64. The resolution was passed, accepted and adopted by a
unanimous vote.
(b) Proposed Ordinance _ District zoning of 5 parcels for Parks and Highways -
Second Reading.
Councilman Cliff moved that the Ordinance be read by title only. Seconded by
Councilman Buchheim and carried unanimously.
City Attorney, John Dawson, read title to Ordinance No. 65, "An Ordinance of
the City of San Juan Capistrano Adopting Sectional City Maps Defining the Boundaries
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of Certain City Parks and Highway Zones Within the City of San Juan Capistrano."
This constituted the "Second Reading". Councilman Durnford offered a reso-
lution to adopt Ordinance No. 65. The resolution was passed, accepted and adopted
by a unanimous vote.
(c) Proposed Ordinance - District regulations for P -D, Planned Development District
Zoning - Second Reading.
Councilman Cliff moved that Ordinance No. 66 be read by title only. The
motion was seconded by Councilman Buchheim. Councilman Olivares voted "NOE",
therefore, Ordinance No. 66 was read in full by City Attorney, John Dawson.
This constituted the "Second Reading".
Councilman Buchheim offered a resolution to adopt Ordinance No. 66, "An Ord -
finance Amending City Ordinance No. 5 of the City of San Juan Capistrano, California
by Incorporating Therein Certain District Regulations Governing P -D, Planned Devel-
opment Districts." The resolution was accepted, adopted, and passed by a unanimous
vote.
"FIVE MINUTE RECESS"
NEW BUSINESS:
(a) City -County Service contracts - proposed renewal.
Councilman Durnford moved to instruct the City Administrator to contact the
County for renewal of service contracts including grading code administration.
Councilman Buchheim seconded the motion. The motion was carried unanimously. So
ordered.
City Attorney, John Dawson, injected advisedly that the City consider the
Possibility of establishing its own Building Department in order to retain the
funds paid for the plan check and building inspection services.
(b) Personnel System - establishment by ordinance.
(c) Personnel Classification and Compensation _ proposed ordinance.
Councilman Cliff made a motion that the ordinances for the Personnel System
be read by titles only. Motion was duly seconded. Passed and so ordered.
Councilman Durnford moved that Items B and C be scheduled for an adjourned
meeting in order to deliberate the provisions more extensively. Councilman Cliff
seconded the motion and carried. The adjourned meeting is scheduled for May 20,
1963, 7:30 P.M.
(d) Personnel System Rules and Regulations - Resolution
Deferred to a time designated by the Mayor.
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RECOMMENDATIONS AND REPORTS:
(a) City Administrator, Ernest A. Thompson, reported that the City Budget is in
preliminary form and will submit it to Councilman Durnford and than call a budget
committee meeting.
(b) Councilman Buchheim, suggested that a meeting of the Councilmen and the 5th
District Supervisor, Mr. Alton Allen, be set to discuss the establishment of a
library within the City.
City Clerk, Ernest A. Thompson, will contact Mr. Allen to set a date for the
meeting. Mr. Thompson suggested that the meeting be held in the morning at 7:30
A. M.
Councilman Durnford questioneiif it was possible to withdraw from the library
district. Councilman Buchheim questioned whether the same could be done with the
Cemetary District. City Attorney, John Dawson, noted he will check the statutory
rights and provisions and render and opinion.
(c) Councilman Olivares asked City Attorney the legality of possible executive
session to be held to discuss the establishment of a personnel system for the
City. Also, he would appreciate obtaining a copy of the "Brown Act".
(d) Councilman Bathgate referred to the letter from the League of California
Cities recommending four bills that are before the California legislature.
(1) Councilman Durnford offered a resolution opposing Assembly Bill 1194,
regarding 56 hours for Firemen. Resolution was passed, accepted, and adopted
by a majority vote, (Councilman Cliff abstaining).
(2) Telephone in lieu of franchise tax: S. C. A. 18
Pacific Telephone manager, Robert Gannon, spoke in opposition to
the bill, which would add 1% to phone bills to raise the "in lieu" money.
Councilman Buchheim offered a resolution to oppose the telephone
franchise tax. Resolution passed, accepted, and adopted by a majority vote.
(Councilman Bathgate abstained)
(3) Hotel and Motel occupancy tax: A.B. 1491
No action taken.
(4) S. B. 344:
Action has been taken previously and going on record in opposition.
The meeting adjourned at 10:10 P.M. until May 20, 1963, at 7:30 P.M.
Ern 5t 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 the 13th of May, 1963.
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