63-1028_CC_Minutes_Regular Meeting28fl
Minutes of the Regular Meeting of the City Council of San Juan Capistrano
OCTOBER 28, 1963
The regular meeting of the City Council was called to order at 7:35 P.M., by
Mayor William A. Bathgate.
The pledge of allegiance was recited. The invocation was given by the City
Administrator, Ernest A. Thompson.
The City Clerk called the roll: Councilmen present: Carl E. Buchheim, Eric
F. Cliff, Don Durnford, Antonio M. (Tony) Olivares, and William A. Bathgate. Coun-
cilman absent: none.
The minutes of the previous meeting held October 14, 1963, were approved as
submitted. A minute entry of October 21, 1963, to the degree that no quorum was
present thereby calling for the meeting to be adjourned to a time certain to
October 25, 1963, was noted. The minutes of that adjourned regular meeting held
October 25, 1963, were approved as submitted. °
WRITTEN COMMUNICATIONS:
(a) A copy of a letter written to the San Diego Regional Water Pollution Control
Board from Engineering -Science, Inc., was read. This letter related the endorse-
ment of the intent of the Regional Water Pollution Control Board the extent of
strict preservation and utilization of the water resources and recreational facil-
ities afforded by the Orange County Coastline. Further, this letter was the
reflection of attitude (on behalf of the city of San Juan Capistrano, and acting
as a consultant engineer) for possible sewage effluent through a future ocean
outfall, and also safeguarding the interest of the Dana Point Sanitary District
facility which has an existing ocean outfall. Further, the comments contained
therein were made in response to the resolution drafts of a meeting held previously
in Laguna Beach by the Regional Water Pollution Control Board.
ORAL COMMUNICATIONS.-
There
OMMUNICATIONS:
There were no oral communications brought before the council at this time.
TREASURERtS DEMANDS:
The list of demands and accounts payable on November 1, 1963, was submitted
by the City Treasurer, Alice M. Ross.
Councilman Cliff questioned the entry for payment of Law Enforcement Services
wherein there was made note to be paid under protest. City Administrator explained
that the population entry was excessive to the degree that the estimated population,
as of March 31, 1963, had been entered as 1347 and whereas an entry of a population
estimate of 1555 had been entered as of July 1, 1963. This differential is in ex-
cess of 200 persons. The other facet of note here is that the increase from $6.14
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upon the topic of library; how to improve them and how to acquire facilities, floor
space, and participation from upper echilons of government; and then he went into
the topic of property tax and the collection fees by counties. He related that in
some counties, the percentage of collection ran upwards to 41%.
(c) Water Quality Conference, T. J. Meadows:
Director of Public Works, T. J. Meadows had copies of the subject matter avail-
able from the conference and was able to project it to the council for their perusal.
(d) Status of the Proposed 1911 Improvement District:
T. J. Meadows reported from an earlier comment made by Joe Feeney of Engineering -
Science, Inc., that the firm was getting field survey under progress. Further, in
the respect of pursuing the progress of this improvement district, Mayor Bathgate
suggested a meeting be held with Mr. William McKenzie Brown (a professional in handling
of 1911 Act Proceedings) and the City Attorney, John Dawson; Joe Feeney, and T. J.
Meadows in attendance, to be well aware of the legal aspects to be considered.
PUBLIC HEARING:
(a) Zone Change Request - Oyharzabal:
Mayor Bathgate opened the public hearing designated at this time to consider
the zone change request for the Oyharzabal property from that of U-1, Unclassified,
to P -D, Planned Development.
There were no written protests submitted to the City Clerk and there were no
further oral protests from those in attendance at the public hearing.
Mayor Bathgate declared the public hearing closed.
A motion was made, duly seconded and carried, that the first reading of the
district zoning ordinance be made by title only. City Attorney, John Dawson read
the title of the proposed district zoning ordinance, changing the zone from U-1 to
P -D. This constituted the first reading.
PLANNING COMMISSION REPORTS:
Captain Ed Holtz, Secretary of the Planning Commission, reporting:
Prior to the first item of the Planning Commission report, Councilman Buchheim
relinquished his seat at the council table in order for the request for zone change
from U-1, Unclassified, to C_1, Local Business District; R-1, Single -Family Residen-
tial District; and R-3, Multiple -Family Residential District request for the Buchheim
Ranch property, be heard without questioned 'conflict of interest'.
(a) Zone Change Request - Buchheim property:
Planning Commission Secretary, Ed Holtz read a letter relating the holding of
public hearing and recommendations of the commission with regard to the zone change
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per capita to $6.37 per capita created quite a difference in the overall cost for
law enforcement services by the Orange County Sheriffs Department. Further, this
payment under protest will initiate expeditious action on the part of the Board of
Supervisors and the Orange County Population Estimating Committee.
Thereupon, Councilman Cliff made a motion to approve the list of demands and
instruct the City Treasurer to draft Warrants No. 595 to 634 inclusive for a total
amount of demands payable of $11,333.87. The motion was seconded by Councilman
Buchheim. Motion passed and so ordered.
COMMITTEE REPORTS:
(a) Finance Committee, Councilman Durnford reporting:
Councilman Durnford stated that he and the City Treasurer, Mrs. Alice Ross,
had a meeting with Mr. Tom Winget of the Orange County Bank, relative to the
possibilities of investment of reserves from the city's bank account.
The proposed format for making any investment was to the degree of purchase
of treasury notes for periods of 90 days, 180 days, and one year. Basically, the
investment for $10,000 in treasury notes for 90 days, $209000 in treasury notes
for 189 days, and the remainder for treasury notes for a period of one year; total
investment for purchase of treasury notes not to exceed $60,000.00. Some comment
was stated to the degree of whether or not to make differentiation of those proposed
amounts set aside for Retirement; Health and Medical and the apportionment set aside
for Unappropriated Surplus in previous years' budgets as how they would be invested;
basically, as lump sum or in their individual amounts.
Before setting upon any programming, the recommendation of Councilman Durnford
was to instruct the City Clerk to draft and send a letter to Diehl, Evans & Company,
the city's auditors, to inquire as to recommended procedures.
(b) League of California Cities Conference, Carl Buchheim and Eric Cliff:
Councilman Buchheim reported on several items, basically, (1) employer and
employee relationships, (2) youth, the juvenile crime and school drop-out, basic-
ally that of negro aspect, (3) Condominium housing, relating three facets there:
(a) high-rise, (b) air space living, (c) cluster -type, under what this city's
present zoning regulations and classification is P -D, Planned Development. It was
further noted that in the condominium housing aspect, governpent service costs were
minimized. Emphasis and highlights of condominium development were reflected in
the con cern of perpetual care of the •common areas" and the resolution as to how
to handle these was to the degree of "association" establishments.
Councilman Cliff's report touched upon segregation in the different municipal-
ities and their problems, but reflected no solutions whatsoever. He further touched
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request. It reflected the attitude of approval, except to the extent of the large
area requested to be zoned R-3, Multiple -Family Residential District. The commission's
recommendation was that the R-3 area be reduced and that area be changed and expanded
for the P -D, Planned Development District Zoning. Some discussion followed with
questions being asked by members of the City Council as to the procedure and legal-
ity of the council's public hearing on the expanded area for P -D.
Councilman Durnford moved to set for public hearing at the next regular meeting,
November 12, 1963. The motion was duly seconded and carried and so ordered.
(b) Proposed P -D District Zoning:
The commission took under study for the further request of the City Council
for that area left in the upper San Juan Valley being bounded by Del Obispo on the
West and C -2-A District Zoning on the East, and an existing P_D Zoning on the South.
This area constituted several properties owned by churches. The Planning Commission's
recommendation was for approval.
Councilman Buchheim then made a motion to accept the recommendation and set
for public hearing at the next regular council meeting, November 12, 1963. The
motion was duly seconded and carried with the vote of four councilmen voting 'Aye',
Councilman Durnford voting "Noe".
(c) Variance Request - Birtcher:
Planning Commission Secretary, Ed Holtz reported the holding of Public Hearing
on the Variance request for the establishment and construction of the storage
building for hay as requested by Mr. A. B. Birtcher. The public hearing reflected
no protests and the recommendation of the commission was for approval.
Councilman Durnford made a motion to uphold the recommendation of the Planning
Commission and approve the granting of the variance. The motion was duly seconded
by Councilman Buchheim; the motion passed and so ordered.
(d) Public Hearing _ Tentative Tract Map 5399 - November 19, 1963. _
Captain Holtz announced that the public hearing for the consideration of the
Tentative Tract Map 5399 had been set for November19, 1963.
FIVE MINUTE RECESS .............
UNFINISHED BUSINESS:
(a) Proposed R -P District Zoning - Darmi, Inc., - Second Reading:
Councilman Durn£ord'maide a motion tohave the reading by title only, seconded
by Councilman Cliff. City Attorney, John Dawson read the proposed district zoning
ordinance by title only.
Councilman Durnford then offered a resolution for the adoption of Ordinance
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resolution was accepted, adopted and passed by a unanimous Vote.
(b) Supplemental Performance Bond - Division of Land - James Bathgate property:
The City Clerk related the receiving of a supplemental per£ormande bond in the
amount of $1,200 for that parcel (which is smaller of the two) of the James Bathgate
property under the division of land code of this city. This $1,200 performance bond
is in addition to the existing $3,000 demanded for the entire frontage. (Subsequent
action will probably take place whereby the exoneration of a portion of the original
$3,000 bond will be requested.)
11 Councilman Buchheim offered a resolution of acceptance of this supplemental
performance bond on behalf of the city. The resolution was accepted, adopted, and
passed by a unanimous vote.
RECOMMENDATIONS AND REPORTS:
(a) City Administrator, Ernest A. Thompson, related the necessity to pursue the
existing traffic committee establishment of regulations and ordinance format for
the enforcement of traffic regulations within the city of San Juan Capistrano. A
tentative date for Monday, November 4, 1963, at 1:30 P.M. was set for committee
meeting.
(b) City Engineer, Jack Kubota related a condition of transmitting maps, etc., by
Greyhound routing stops, could possibly be a prodect for the local Chamber of Com-
merce to pursue. He related an incident whereby he sent documents and maps to the
City of San Juan Capistrano and the routing was terminated in the city of San Clem-
ente, creating some adversity.
Jack Kubota further reported on the status of the Master Drainage Report. He
reflected the stalemated condition whereby he was waiting for added information to
be supplied by the San Juan Capistrano Soils Conservation District, the Orange
County Waterworks District No. 4, and aerial photos and topogtaphy in order to com-
pile the necessary facts to reflect a realistic report.
There being no additional recommendations and reports from the members of the City
Council, Mayor William A. Bathgate declared the meeting adjourn at 9:53 P.M.
E est 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 28th day of October, 1963.
OCT 28 '63
2 9 �
No. 77 "An Ordinance Of The City 0£ San Juan Capistrano Amending Ordinance No. 5
and Adopting Sectional District Map Defining The Boundaries of The R -P, Residential
Professional District Within The City Of San Juan Capistrano, California". The
resolution was accepted, adopted, and passed by a unanimous vote of the City Council
members present.
(b) Proposed R -P District Zoning - (SWµ4 - Sec. 6-8-7) - Second Reading:
Councilman Cliff made a motion to have the reading of the proposed district
zoning ordinance by title only. The motion was duly seconded by Councilman Buchheim
and carried.
- Councilman Cliff offered a resolution to adopt Ordinance No. 78 "An Ordinance
Of The City Of San Juan Capistrano Amending Ordinance No. 5 And Adopting Sectional
Map Defining The Boundaries Of The R -P, Residential -Professional District Within
The City Of San Juan Capistrano, California". The resolution was accepted, adopted,
and passed by a unanimous vote.
(c) Joint Powers Agreement - Capistrano Beach Sanitary District:
City Attorney, John Dawson reported that there was a "vehicle" available by
which collection of revenue could be made through the County for services to be
rendered under the Joint Powers Agreement. This method was provided by amended
legislation during the year 1961, providing for the establishment of a "maintenance
district" for assessment in order to collect charges of cost; but in order to pursue
this method, a 'meets and bounds' description would have to be procured from Mr.
Morris Misbin and then set for public hearing for the district's establishment.
Added note was made to the degree that all processing would have to be made prior
to February 1, 1964, and submitted to the County Assessor and to the State Board
of Equalization in order .for full recognition and imposition of assessment fees.
NEW BUSINESS:
(a) Street Easement Deed - Texaco, Inc., - Ortega Highway:
The City Clerk related that documents had been submitted for the conveyance
of the additional right-of-way for the widening of Ortega Highway, in conformance
to the Master Plan of Arterial Streets and Highways of the City of San Juan Capis-
trano, to the width of 42 feet from center line thereof. These documents had been
submitted by Texaco, Inc., in pursuing the establishment and construction of a new
gasoline service station at the southeasterly corner of Ortega Highway and E1 Camino
Real.
Councilman Cliff offered a resolution of acceptance on behalf of the city of
San Juan Capistrano, the aforementioned easement deeds from the Texaco, Inc. The
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