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63-1223_CC_Minutes_Regular Meeting311 Minutes of the Regular Meeting of the City Council of San Juan Capistrano DECEMBER 23, 1963 The regular meeting of the City Council was called to order at 7:32 P.M., by Mayor William A. Bathgate. The pledge of allegiance was recited. The invocation was given by Ernest A. Thompson, City Clerk -Administrator. The City Clerk called the roll: Councilmen present were: Carl E. Buchheim, Eric F. Cliff, Antonio M. (Tony) Olivares, and William A. Bathgate. Councilmen absent: Don Durnford. The minutes of the meeting held December 9, 1963, were approved as submitted. WRITTEN COMMUNICATIONS: (a) News Release - Supervisor Alton E. Allen (b) Resolution Draft - San Diego Regional Water Pollution Control Board (c) Trends ORAL COMMUNICATIONS: Mr. Julian Ramos, spoke of the water problem on Mission Street. Councilman Buchheim explained that it was a function of the operations of Orange County Waterworks District No. 4, whereby the waterworks district had back flushed the newly installed line in order to maintain the system for immediate use upon receiving water through the proposed M, W. D. transmission water main pipeline. Councilman Durnford arrives at 7:40 P.M. TREASURER'S DEMANDS: The list of demands and accounts payable on January 1, 1964, was submitted by the City Treasurer, Alice M. Ross. Councilman Buchheim made a motion to approve the list of demands and in- struct the City Treasurer to draft Warrants No. 665 thru 703 inclusive for a total amount of demands payable of $59268,21, The motion was seconded by Coun- cilman Cliff and it carried unanimously. So ordered. COMMITTEE REPORTS: (a) City Engineer, Jack Kubota Re: Tract No. 5429 _ Val Verde Corporation City Clerk, Ernest A. Thompson read the report from Mr. Kubota on the committee meeting held December 10, 1963, in which they reviewed the request DEC23 '63 312' of the subdivider for modification of street standards. Representatives of Val -Verde Corporation spoke in behalf of their request. Councilman Durnford and Councilman Buchheim related personal attitudes towards the request and consented approval sympathetically. Members of the Planning Commission, Captain Ed Holtz and Carl Romer pro- tested the request in regard to the money for these street improvements would be taken from the General Funds contributed by the city's populus. After lengthy discussion, Councilman Durnford moved that the recommendations of the committee with the addition of the curbs and gutters on the two exhibit sheets, sheet 1 and 2, be accepted with the tentative map. Councilman Buchheim seconded the motion and it carried unanimously. PUBLIC HEARING• (a) Abandonment of Sewer Easement - San Juan Elementary School: Mayor Bathgate opened the Public Hearing on the abandonment of sewer ease- ment for the San Juan Elementary School. There were "No Protests". Mayor Bathgate declared the public hearing closed. Councilman Durnford offered a resolution authorizing the Mayor and City Clerk to sign the necessary documents declaring the abandonment. The resolution was accepted, adopted and passed by a unanimous vote. PLANNING COMMISSION REPORTS: City Clerk, Ernest A. Thompson reporting: (a) Tract No. 5407 - Darmi, Incorporated _ Tentative approved: City Clerk read a letter from the Planning Commission stating Public Hearing was held on December 17, 1963, and the tract map was tentatively approved subject to conditions, as recommended by the staff members and Planning Commission. (b) Proposed Ordinance - Amending Ordinance No. 39 _ "C-1 District Zoning": City Clerk read a letter from the Planning Commission recommending consider- ation be given to their proposed ordinance to regulate the expanded uses permitted under the existing Ordinance No. 39. Councilman Buchheim made a motion that the proposed ordinance be referred to the City Attorney for study and then be referred back to the Council. Coun- cilman Cliff seconded the motion and it carried unanimously. (c) Ed Holtz, spoke in behalf of the Planning Commission regarding street names and numbering, in which it was felt that the numbering should be continued through DEC23 '�3 the County Building Department since the City contracts for services with them. The street names should be spanish and suggested that the names of the long time residents be used. UNFINISHED BUSINE33: (a) Proposed Ordinance _ Traffic, Parking and Vehicle Regulations _ (Second Reading): Councilman Durnford made a motion to have the second reading of the proposed ordinance by title only. The motion was seconded and carried unanimously. City Attorney, John Dawson read the proposed Ordinance No. 84 by title only. This constituted the second reading. Councilman Buchheim offered a resolution to adopt Ordinance No. 84 "An Ord- inance Of The City Of San Juan Capistrano Providing For Vehicle Regulations Within The City Limits Of San Juan Capistrano, Providing Penalties For the Violation Thereof". The resolution was accepted, adopted and passed by a unanimous vote. (b) Mayor Bathgate suggested that provisions be made in some way that passenger loading zones be applied effective only on Sunday. Councilman Buchheim made a motion to reappoint the same traffic committee to study the matter. Councilman Olivares seconded the motion and it carried unanimously. "FIVE MINUTE RECESS........ NEW BUSINESS: (a) Acceptance of Surety Bond _ Marvin W. Renfro: Councilman Cliff made a motion to accept the Surety Bond. Councilman Durn- ford seconded the motion and it carried. (b) Councilman Buchheim made a motion to exonerate the financial obligation of Mr. James C. Bathgate. Councilman Durnford seconded the motion and it carried, Mayor Bathgate "abstained". (c) Sewer Easement - City Attorney, John H. Dawson related a situation regarding the termination of lease for the area being utilized for sewage leaching facilities which serve two commercial firms located at the southeast corner of Ortega Highway and the San Diego Freeway. He then read a proposed draft of a resolution for the filing of 'eminent domain condemnation' proceedings, and its necessity. Councilman Cliff offered the resolution for adoption. The resolution of necessity to promote the general health and safety was accepted, approved, and adopted by a unanimous vote of the City Council. DEC23 '6a 314 and REPORTS: (a) City Administrator, Ernest A. Thompson related an upcoming election to be held April 14, 19649 for subsequent appointment of members to the Planning Com- mission. (b) Director of Public Works, T. J. Meadows related he had contacted Hugh Gimball of the Dana Point Sanitary District and the engineering reports are due at the first of the year. (c) City Engineer, Jack Kubota (1) Reported his meetings with Darmi, Incorporated, regarding problems in grading and drainage control. (2) Approved the improvement plans for the subdivision on Del Avion at Del Obispo. (3) Shell Service Station going ahead with their sewer line. (d) Councilman Buchheim inquired of the City Attorney as to who is obligated to pay for damages done be public utilities on private property. City Attorney related it was the obligation of the public utility to pay for damages. (e) Councilman Durnford informed that Orange County is planning on construction of branch facilities at the Del Obispo Recreation Park area which will destroy the 'Babe Ruth' ball park area. He further inquired if the City should intercede at this time. (f) Mayor Bathgate: (1) Related thanks and appreciation to the Chamber of Commerce and the Jack Caverlys' for their efforts and the beautiful decorations in the windows of the City Hall. (2) Reported the attendance of himself, Carl Romer and Ernest Thompson at a meeting at Pacific Telephone Company regarding the division of the telephone directory. (3) Requested the investigation of signs on Junipero Serra. City Clerk to check the matter. The meeting adjourned at 10:08 P.M. ErInest A Thompson h� rson City Clerk -Administrator These are the official proceedings of the Regular Meeting of the City Council of the City of San Juan Capistrano, held on the 23rd day of December, 1963. DEC23 '63