63-1112_CC_Minutes_Regular Meeting295
Minutes of the Regular Meeting of the City Council of San Juan Capistrano
NOVEMBER 12, 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 John H.
Dawson, City Attorney.
The City Clerk called the roll: Councilmen present: 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 October 28, 1963, were approved as
submitted.
WRITTEN COMMUNICATIONS:
(a) League of California Cities: re: Hotel Room Tax _ Uniform Ordinance:
Councilman Buchheim made a motion to carry the matter over for further study.
Councilman Olivares seconded the motion and it carried unanimously.
(b) Resolution from the City of Stanton _ re: Expenses incurred for School Crossing
Guard Protection:
Mayor Bathgate related this resolution is recommending legislation which would
force school districts to pay expenses incurred for school crossing guard protec-
tion. Mayor Bathgate felt this matter was a little premature but it would be well
to keep it on file for the time being.
Discussion was held. No action taken.
(c) Mr. Daniel L. Brown - re: Division of Land:
Letter received from Daniel and Marena Brown requesting a variance to the
city's land division ordinance for the granting of a division of land into three
(3) E -Zone residential parcels at 31510 Aguacate Road.
Mr. Brown spoke in behalf of his request and it was determined that it would
be a waiver to the division of land code of Ordinance No. 56.
Discussion was held.
Councilman Buchheim made a motion for the City Council as a body, go out to
Mr. Brown's property and investigate the land and a report will be made at the
next meeting. Councilman Durnford seconded the motion and it carried unanimously.
Mayor Bathgate set the date to be Friday, November 15, 1963, at 1:30 P.M.
(d) City Clerk, Ernest A. Thompson, read a letter from the San Juan Capistrano
Chamber of Commerce thanking the city for its generous support, cooperation, and
assistance in their projects which they engaged in this past year,
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(e) City Clerk, Ernest A. Thompson read a letter from the San Juan Capistrano
Chamber of Commerce stating that at the regular meeting held on November 5, 1963,
they passed a resolution endorsing the sewer bonds in the amount of $1,2000000 to
be voted on in December.
(f) City Clerk, Ernest A. Thompson read a letter from the San Juan School Dist-
rict asking for relinquishment of an old alignment of a sewer easement by Quit
Claim Deed.
Mr. Harold Ambuehl will supply the legal description to John Dawson for his
preparation of the document.
ORAL COMMUNICATIONS:
There were no oral communications brought before the council at this time.
TREASURER'S REPORT:
The Treasurer's Report for the month of October, 1963, was submitted by the
City Treasurer, Alice M. Ross.
Councilman Cliff made a motion that the report be received and filed. Coun-
cilman Buchheim seconded the motion and it carried unanimously. So ordered.
COMMITTEE REPORTS:
(a) Traffic Committee, City Clerk reporting:
In view of an inadequate ordinance and traffic sign regulations, a committee
of three (Mayor Bathgate, Councilman Durnford and City Administrator, Ernest A.
Thompson) met and then reported a proposed updating of the traffic signs and regu-
lations by proposed ordinance.
PUBLIC HEARINGS•
(a) Zone Change Request - Buchheim:
Prior to the opening of the Public Hearing, Councilman Buchheim relinquished
his seat at the council table in order for the hearing for zone change from U-1,
Unclassified, to C-10 R-1, R-3, and P -D request for the Buchheim Ranch property,
be heard without 'conflict of interest'.
Mayor Bathgate opened the public hearing for the zone change request from
U_1 to C-1, R_1, R-3 and P -D for the Buchheim property.
City Clerk read a letter from the Planning Commission stating public hearing
on this request was held September 17, 1963, and it was recommending that the area
marked "A" on exhibit map be zoned R-1, the area marked "B" be zoned C-1, the area
marked "C" be zoned R-3, and the area marked "D" be zoned P -D.
Mr. Guy Greene, of Moote, Kempa and Galloway, a civil engineering and land
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planning organization, appeared to speak for the Buchheim interests. Mr. Greene
displayed picture and map of their plans for the area.
Discussion was held.
There were no written protests submitted to the City Clerk and there were no
oral protests from those in attendance at this hearing.
Mayor Bathgate declared the public hearing closed.
Councilman Durnford made a motion to accept the recommendation of the Plan-
ning Commission and to have the first reading of the proposed district zoning
ordinance by title only. Councilman Cliff seconded the motion and it•carried by
a unanimous vote.
City Attorney, John Dawson read the title of the proposed district zoning
ordinance, changing the zone from U-1 to R_1, C_1, R_3, and P -D. This constituted
the first reading.
Mr. Guy Greene, questioned the clarity and intent of the section of the "P -D,
Planned -Development" zoning code, wherein there lies considerable doubt whether
"private streets and driveways" are within or without the area considered to be
"open space" or "common area".
Captain Ed Holtz, secretary of the Planning 6ommission, requested the City
Council to instruct the City Attorney to review and submit a written opinion an
the matter, whereby the written opinion could be referred to from time to time.
"FIVE MINUTE RECESS............
(b) Proposed P_D District Zoning - Upper Valley (Church property):
Mayor Bathgate opened the public hearing.
City Clerk, Ernest A. Thompson read a letter from the Planning Commission
recommending change of zoning from U-10 Unclassified, to P -D, Planned Development,
of certain lands lying Westerly and Southerly from Del Obispo.
There were "No Protests".
Mayor Bathgate announced the Public Hearing as closed.
Councilman Cliff made a motion to accept the recommendation of the Planning
Commission and have the first reading of the proposed district zoning ordinance,
by title only. Councilman Buchheim seconded the motion and it carried unanimously.
City Attorney, John Dawson read the title of the proposed ordinance changing
the zoning from U-1 to P -D. This constituted the first reading.
PLANNING COMMISSION REPORTS:
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Captain Ed Holtz, Secretary of the Planning Commission, reporting:
(a) Zone Change Request - Donald B. Reeve:
Mr. Holtz read a letter from the Planning Commission stating that public
hearing was held for the change in zoning of certain lands bordering on San Juan
Creek Flood Control Channel. The Commission recommended approval for that portion
of the area marked "A" on Exhibit Map lying North of the Flood Control Channel,
be changed from U_1 to C_1 zoning. The portion marked "B" on exhibit map is rec-
ommended for disapproval at this time since none of the regulations for C_1 zoning -
could be made applicable to this minute sized plot.
Councilman Buchheim made a motion to set the request for public hearing for
the next meeting on November 25, 1963. Councilman Cliff seconded the motion and
it carried unanimously.
(b) Proposed Urgency Ordinance _ re: Pre -Zoning for annexation:
Mr. Holtz read a letter from the Planning Commission recommending that the
City Council approve a proposed amendment to Ordinance No. 5 as proposed Section
2A, Subsections 19 2, 3, and 40 to permit the pre -zoning of areas outside the city,
prior to annexation whereby the proposed district zoning would be effective at the
time of completion of annexation proceedings.
Referred to the City Attorney for proper drafting.
UNFINISHED BUSINESS:
(a) District Zoning Ordinance _ P -D, Planned Development, _ Oyharzabal property -
(Second Reading) :
Councilman Durnford made a motion to have the second reading of proposed
Ordinance No. 79 by title only. Councilman Buchheim seconded the motion and it
carried unanimously.
City Attorney, John Dawson read the proposed district zoning ordinance by
title only.
Councilman Durnford offered a resolution to adopt Ordinance No. 79, "An
Ordinance of the City of San Juan Capistrano, Amending Ordinance No. 5 and Adopt-
ing Sectional District Map Defining the Boundaries of the P -D, Planned -Development
District, Within the City of San Juan Capistrano, California". The resolution was
accepted, adopted and passed by a unanimous vote.
(b) Joint Powers Agreement - Capistrano Beach Sanitary District:
City Attorney, John Dawson reported he has discussed the taxes with Mr. Wm.
McKenzie Brown. Mr. Dawson suggested that the council arrange a joint -meeting
with Capistrano Beach Sanitary District so that they can execute a Joint Powers
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Agreement and that the present committee attend the districts meeting Wednesday
nite, November 13, 1963, and arrange a date for a joint meeting to be held before
the next regular council meeting.
NEW BUSINESS•
There was no new business to be brought before the council at this time.
RECOMMENDATIONS and REPORTS:
(a) City Administrator, Ernest A. Thompson, announced the League of Cities Meeting
will be held Thursday, November 14, 1963, at 6:45 P.M. in Friedemann Hall.
(b) Mayor Bathgate suggested a certain time and date should be set to investigate
the Daniel Brown property. It was decided to meet on Friday, November 15, 19639
at 1:30 P.M.
City Clerk was directed to notify Mr. Daniel Brown and Jack Kubota, City
Engineer, of the date and time set for this meeting.
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 12th day of November, 1963.
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