63-1014_CC_Minutes_Regular Meeting283
Minutes of the Regular Meeting of the City Council of San Juan Capistrano
OCTOBER 14, 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 was recited. The invocation was given by Ernest A.
Thompson, City Clerk.
The City Clerk called the roll: Councilmen present were: Carl E. Buchheim,
Eric F. Cliff, Don Durnford, Antonio M. (Tony) Olivares, and William A. Bathgate.
Councilmen absent: none.
The minutes of the previous meeting held September 23, 1963, were approved as
submitted.
WRITTEN COMMUNICATIONS:
(a) Santiago Girl Scout Council:
Letter requesting approval for the annual Girl Scout Calendar Sale in the
community from November 2 through November 160 1963.
Councilman Buchheim made a motion that permission be granted. Councilman
Durnford seconded the motion and it passed unanimously.
(b) Letter from Dr. J. A. and Monte McCann requesting serious consideration be
given regarding the enactment of a leash law in the city.
Discussion was held.
Councilman Durnford moved that the matter be tabled. Councilman Buchheim
seconded the motion and it carried unanimously. So ordered.
(c) Resolution No. 1265 from the City of Seal Beach expressing its concern and
urgently recommending the enactment of an amendment to the Constitution of the
United States of America so as to permit, as determined by the local school dis-
tricts, the recitation of nondenominational type prayers, on a voluntary basis,
in the public schools of this country.
Councilman Buchheim offered a motion to adopt the resolution of the City of
Seal Beach. Councilman Durnford seconded the motion. Councilman Durnford then
suggested that the resolution be forwarded to the Congress of the United States,
Councilman Buchheim conceded to include the suggestion in the original motion.
The motion carried by a unanimous vote.
(d) Resolution for the Board of Supervisors creating a Citizens' Committee for
the Observance of the Seventy-fifth Anniversary of the Formation of the County of
Orange.
Deferred until item "B" in "Unfinished Business".
OCT 14 '6 3
284
(e) City Clerk, Ernest A. Thompson, read a letter from the San Juan Capistrano
Chamber of Commerce expressing satisfaction and appreciation for the money granted
them from the City for their projects for the betterment of the city.
TREASURER'S REPORT:
The Treasurer's Report for the month of September, 1963, was submitted by
the City Treasurer, Alice M. Ross.
Mayor Bathgate appointed City Treasurer, Alice Ross, and Councilman Durnford
as a committee to pursue the possibilities of investing the unappropriated surplus
fund.
Councilman Durnford made a motion to accept the Treasurer's Report. The
motion was seconded by Councilman Cliff and passed unanimously. So ordered.
PUBLIC HEARINGS:
(a) Proposed R -P, Residential -Professional District Zoning (Darmi, Inc.):
Mayor Bathgate opened Public Hearing for the request of change of zone from
R-1 to R -P.
zone.
Mayor Bathgate related the Planning Commission has recommended the change of
There were NO PROTESTS.
Mayor Bathgate declared the public hearing closed.
Councilman Cliff moved that the proposed zoning ordinance be read by title
only. Councilman Durnford seconded the motion and carried unanimously. So
ordered.
City Attorney, John Dawson, read ordinance by title only. This constituted
the first reading of the ordinance.
(b) Proposed R -P, Residential -Professional District Zoning ($6d} _ Sec. 6_8_7):
Mayor Bathgate opened Public Hearing on proposed R_P zoning.
There were NO PROTESTS.
Therefore, Mayor Bathgate declared the public hearing closed.
Councilman Buchheim moved that the proposed zoning ordinance be read by title
only. Councilman Cliff seconded the motion and it carried unanimously. So ordered.
City Attorney, John Dawson, read ordinance by title only. This constituted
the first reading of the ordinance.
PLANNING COMMISSION REPORTS:
The reports were given by Ed Holtz, Secretary of the Planning Commission.
(a) Change of Zone Request - Oyharzabal:
OCT14 '�3
285
Mr. Holtz read a letter from the Planning Commission recommending approval of
the zone change request from U_1 to P_D Zoning.
Councilman Buchheim made a motion to uphold the recommendation of the Planning
Commission and set for Public Hearing on October 28, 1963. The motion was seconded
by Councilman Olivares and passed unanimously. So ordered.
(b) Civic Center, location of:
Mr. Holtz read a letter from the Planning Commission expressing the importance
of the future location of where San Juan Capistrano's Civic Center will be. The
Commission recommended that qualified planning services be employed to assist in
determining this area and felt that Bluerock & Ellerbrook would be best suited.
Discussion was held by members of the City Council and the Planning Commission.
Councilman Buchheim made a motion to table the matter. Councilman Olivares
seconded the motion and it carried unanimously.
(c) Mr. Holtz inquired as to the legal interpretation and intent for defining
interior streets (not publicly dedicated) and driveways with respect to the per-
centages of areas developed.
City Attorney, John Dawson related that in his opinion the interior streets,
not dedicated, and the driveways are to be considered "c)mmon areas" or "green
areas" and thereby would be part of the 60% undeveloped area having no structures.
(d) Reported meeting of October 8, 1963, with Mr. Krueger and members of the Orange
County Planning Commission regarding County Master Plan and presentation in which
they felt the Capistrano Valley could be a tourist recreation area.
UNFINISHED BUSINESS:
(a) Division of Land - violations:
City Clerk, Ernest A. Thompson, reported the status of three parcels of land
within the city with respect to violation of the 'division of land code'. To date,
two of the three are in violation.
(b) Proposed Resolution - Diamond Jubilee for Orange County:
City Attorney, John Dawson, related that Orange County has already adopted a
resolution. Therefore, it was not necessary for the city to take action.
(c) Resolution of Policy - re: Solicitation and Fund Raising Activities for Charities:
Councilman Durnford offered a resolution of intent to continue endorsement of
those groups that have been endorsed by the City Council before with the provision
that the endorsement can be removed for reason and that new endorsements can be
added as they are presented. The resolution was accepted, adopted, and passed by
a unanimous vote. So ordered.
OCT 14 �(-3
286
(d) Joint Powers Agreement - Capistrano Beach Sanitary District:
Mr. T. J. Meadows, Director of Public Works, reported the meeting of October
9, 1963, with Capistrano Beach Sanitary District.
City Attorney, John Dawson related the necessary changes and amendments to
the agreement format.
Discussion was held.
Councilman Buchheim made a motion to table the matter and refer it to legal
counsel and to take up matter again at the next regular meeting. Councilman Darn -
ford seconded the motion and it carried unanimously. So ordered.
"FIVE MINUTE RECESS"
NEW BUSINESS:
(a) Bond Acceptance - Street improvement guarantee - (Bathgate)
Councilman Cliff made a motion to accept the street improvement guarantee.
Councilman Durnford seconded the motion. The motion carried by a majority vote,
Mayor Bathgate abstained.
(b) Proposed Bond Election - scheduling and procedure:
Councilman Durnford made a motion to employ O'Melveny & Myers to render legal
services in connection with the issuance and sale of general obligation sewer bonds.
Councilman Olivares seconded the motion and it carried unanimously.
City Attorney, John Dawson read resolution of interest and necessity in full.
Councilman Olivares offered the resolution for adoption. The resolution was
accepted, adopted and passed by a unanimous vote.
Councilman Buchheim made a motion to have the first reading of the proposed
ordinance calling for a bond election by title only. Councilman Durnford seconded
the motion and it carried unanimously. City Attorney read ordinance by title only.
Councilman Durnford moved to direct the City -Administrator to request the _
services of the County Clerk in connection with the proposed special election to
be held December 39 1963. Councilman Buchheim seconded the motion and it carried
unanimously.
RECOMMENDATIONS and REPORTS:
(a) Director of Public Works, T. J. Meadows, related. that Mr. Joe Feeney will be
in attendance at the Councils next study session regarding the bond election.
(b) City Engineer, Jack Kubota reported his review of existing speed zones, exis-
ting stop signs, and existing parking zones.
Mr. Kubota recommended that a Traffic Committee be formed to study and impose
OM4 '�,3
281
updated traffic designs and regulations.
(c) Councilman Buchheim recommended that the City Council should send a represent-
ative to the 65th Annual League of Cities Convention in San Francisco on October 20
through 23, 1963.
Councilman Durnford moved that Councilman Buchheim be delegated to attend the
convention and also be reimbursed for expenses. Councilman Cliff seconded the
motion and it carried unanimously.
Councilman Buchheim suggested that two representatives be sent and that they
would split expenses. Councilman Cliff offered to attend the convention also.
Councilman Durnford offered an amendment to the motion to reimburse both
Councilmen for their expenses at the convention. Councilman Cliff seconded the
motion and it carried unanimously.
(d) Councilman Cliff related at the time of his absence, S. B. 344 was voted upon
and lost. Councilman Cliff reoffered a resolution to accept the bill. The reso-
lution was accepted, adopted, and passed by a majority vote, Councilman Olivares
voted "NOE".
Councilman Buchheim goes on record stating the one -cent certainly will not do
the job needed.
(e) Councilman Durnford:
(1) Moved that T. J. Meadows represent the city at the Water Quality Confer-
ence in Anaheim on October 17, 1963, and that he be reimbursed for his attendance.
Councilman Cliff seconded the motion and it carried unanimously. So ordered.
(2) Councilman Durnford questioned legislative control of noxious weeds.
City Attorney, John Dawson related the provisions established by Sections
39500, at seq of the Government Code.
(f) Councilman Olivares recommended that the Councilmen should receive proposed
ordinances a week in advance so they would have time to study them thoroughly.
(g) Mayor Bathgate appointed Councilmen Buchheim and Durnford to represent the
city at the Governor's Conference on November 1, 1963, in Sacramento.
Councilman Durnford moved to adjourn the meeting until Monday, October 21, 1963, at
7:30 P.M. The motion was seconded by Councilman Buchheim and it carried unanimously.
The meeting adjourned at 10:08 P.M. �e / x/
Ernes 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 14th day of October, 1963.
OCT14 'G3