66-0322_CC_Minutes_Regular Meeting96
Minutes of the Meeting of the City Council of San Juan Capistrano
MARCH 28, 1966
The regular meeting of the City Council was called to order at 7:30 PM
by Mayor Don Durnford.
The pledge of allegiance was recited. The invocation was given by City
Attorney, John H. Dawson.
The City Clerk called the roll. Councilmen present: William A. Bathgate,
Carl E. Buchheim, Edward S. Chermak, Antonio M. (Tony) Olivares and Don Durnford.
The minutes of the regular meeting of March 14, 1966, were approved as sub-
mitted.
WRITTEN COMMUNICATIONS
(a) Request from Orange County Association for Mental Health, for permission to
conduct door-to-door campaign for funds. Councilman Chermak, duly seconded
by Councilman Bathgate, moved that the request be denied. Motion carried
unanimously.
(b) Resolutionsfrom City of Fountain Valley and City of Huntington Beach requesting
to be deleted from Orange County Harbor District. Mayor Durnford introduced
a motion that these resolutions be accepted and filed. Motion was seconded
by Councilman Chermak and carried unanimously. So ordered.
(c) Resolution from City of Huntington Beach protesting requirement by Postmaster
General of rural -type mailboxes for curb delivery in all new subdivisions.
Councilman Buchheim offered a resolution protesting the same requirement. The
resolution was passed, approved and adopted by a unanimous vote.
ORAL COMMUNICATIONS
(a) Request from American Legion Post #721 for exclusive franchise for sale of
fireworks. Mayor Durnford moved that American Legion Post #721 be granted
the exclusive franchise to sell fireworks within the City of San Juan Capistrano
subject to the same conditions as presented last year. Motion was seconded
by Councilman Buchheim and carried unanimously.
The question then arose as to who owned the property where the fireworks
stand is to be located. It was concluded that Texaco has lease on the entire
property in question.
(b) Petition for Leash Law - a petition with 117 signatures was presented by Mrs.
Rita Davis for establishment of a City Leash Law for dogs. A number of
citizens in the audience expressed their opinions, whether for or against a
law of this nature. After considerable discussion, Councilman Buchheim moved
that the City Administrator be instructed to contact the proper authorities
to find out what degree of cooperation the City would receive in case Council
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saw fit to accept Section 7 of the County law governing said leashing, and
that appropriate action would be taken at the next regular meeting. Council-
man Bathgate seconded this motion, and it carried unanimously. So ordered.
(c) Mr. Carl Wray, President of the Chamber of Commerce, asked Council assistance
in the amount of $42$.00 for publication of a brochure promoting the City of
San Juan Capistrano.
Councilman Chermak, duly seconded by Mayor Durnford, moved that the sum of
$425.00 be donated to the Chamber of Commerce to help defray some of the
cost of printing of new brochures, stipulating that the brochures may not be
sold. Motion carried unanimously and was so ordered.
TREASURY DEMANDS AND ACCOUNTS PAYABLE
The list of demands and accoutns payable on April 1, 1966, was submitted by
Director of Finance, Harold L. Albert.
Councilman Bathgate moved that warrant numbers 1721 through 1775, inclusive,
for a total amount of $24,326.98, be paid. The motion was seconded by Councilman
Buchheim and carried unanimously. So ordered.
PUBLIC HEARINGS
The item set for public hearing (Prezoning, Capistrano Land Investment Co.,
RZ 66-101), was postponed indefinitely, due to the L.A.F.C. action on proposed
annexation.
PLANNING COMMISSION MATTERS
Due to the absence of the Secretary of the Planning Commission, City Adminis-
trator reported on the following:
(a) Tract 5974 (Kolbet). Commission adopted a resolution establishing set -backs
for certain lots.
(b) Tract 6121 (Casitas Capistrano). PD Site Plans for two lot subdivision
approved subject to conditions.
The City Administrator read a Memorandum of the recommendation of the Planning
Commission onthe following matter:
LUV 66-103 (Halcomb), to permit a carport and front yard set -back variance,
and stating public hearing set for March 15, 1966. Councilman Buchheim moved
that the recommendation of the Planning Commission be upheld. Motion was
seconded by Councilman Olivares and carried unanimously. Commissioner Bruce
Martin clarified the condition to be met and Mr. Latham clarified his position
regarding the variance.
(a) City Attorney read redraft of resolution presented by Orange County Health
Department, appointing the Health Department to enforce Part 1.5 of Division
XIII of the Health and Safety Code. Councilman Bathgate offered the resolution
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as amended, for adoption. The resolution was passed, approved and adopted
by a majority vote, Councilman Olivares voting "No".
(b) City Attorney gave second reading of proposed Ordinance No. 113, entitled,
"An Ordinance of the City of San Juan Capistrano defining a nuisance and
declaring that unnecessary, annoying and discomforting noises to be a nuisance
and unlawful". Councilman Bathgate offered Ordinance No. 113 for adoption.
The ordinance was passed, approved and adopted by a majority vote, Councilman
Olivares voting "No".
(c) City Attorney rendered second reading of amendment to Ordinance No. 110,
Mr. Webb and Mr. Bishop of San Diego Gas & Electric, discussed problem of
underground utilities with Council. The matter was deferred to a later date.
(d) Cancellation of bond for Dale and. Catherine Ladd. Councilman Chermak moved
that the bond be exonerated when documentation is received. Councilman
Olivares seconded motion and it carried unanimously.
NEW BUSINESS
(a) Councilman Bathgate offered a resolution programming the Weed Abatement Pro-
gram and seting public hearing for May 23, 1966 at 7:30 PM. Resolution passed
by unanimous vote.
(b) Resolution ordering canvass by City Clerk. The matter was tabled.
(c) Director of Finance recommended approval of total premium in the amount of
$389.42, insurance coverage for the water quality control facility. Council-
man Bathgate moved to accept the suggested coverage, subject to audit. Mayor
Durnford seconded the motion and it carried unanimously.
tf (d) LAS -478, Parcel No. 20, General Obligation Bond (Noboru Iwata, et al). Council-
man Chermak offered a resolution accepting the deed and authorizing payment
in the amount of $693.00. The resolution was passed, approved and adopted
by a unanimous vote.
RECOMMENDATIONS AND REPORTS
(a) City Administrator, Ernest A. Thompson
(1) Requested that Benny Davis be allowed relief of obligation of duty of
street sweeper operator. Stated he has one applicant for part-time
duty. Councilman Buchheim moved that the request of the City Adminis-
trator be granted. Councilman Chermak seconded and motion carried
unanimously.
(2) Informed Council of Forum for candidates and Councilmen set for 7:30 PM,
Thursday, April 7, in Council Chambers. Mr. Carl Wray and a moderator
from outside the community to preside.
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(b) City Attorney, John H. Dawson
Re: L.A.F.C. action, suggested he would listen to tapes of meeting to
find out, in his opinion, what would be grounds for possible attack. Re-
quested he be authorized to take appropriate action when time approaches.
(c) Director of Public Works, T. J. Meadows
(1) Reported on progress of Assessment District No. 64-1. There is every
indication connection will be possible March 29th, and will notify
persons in the area.
(2) Colich will be finished by April 25th. Scheduled to start paving
March 29th.
(3) Spray rig has carburetor trouble. Requested permission to contact
Howard Lattimer to spray water quality control facility grounds. Mayor
Durnford moved to authorize Director of Public Works to contact Lattimer
to apray around new plant. The motion was duly seconded by Councilman
Buchheim and carried unanimously.
(4) Recommended termination of services of Mr. Ed Sampson of Engineering -
Science, as contract is up April 1st. Requested he be authorized to
visit plant every several weeks to check operations. Councilman Buchheim,
seconded by Councilman Chermak, moved that the recommendations of Mr.
Meadows be upheld. Motion carried unanimously.
(d)
City
Engineer,
Jack Y.
Kubota
(1)
Reported
on State
Divisionof
Highways, Division VII, regarding land-
scaping of freeways (proposed date, 1969).
(2) Latest plan for freeway signs, name of city shown only at Ortega High-
way off ramp.
(3) Had inquiry from Mr. & Mrs. Swanner regarding drainage problem at
Junipero Serra. Advised Council.
(4) Presentation of latest Division of Highway drawings on possible modifi-
cations to be made at Las Ramblas.
(5) Mr. Magnuson, Mr. Meadows and City Engineer met regarding proposed
Assessment District 66-1.
(6) General construction - all moving well. Darmi entirely paved.
(e) Councilman Bathgate
Inquired if there was any repair work to be done on Trabuco Creek bridge.
City Engineer stated that complete design was in offing to complete abutment
stature. County Road Department has engineer working on it also.
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(£) Councilman Chermak
City has street lighting district which County officials have failed
to relinquish.
ADJOURNMENT
The meeting adjourned at 11:17 PM
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Ernest A. Thompson
City Clerk-Administra or
These are the official proceedings of the Regular Meeting of the City Council
of the City of San Juan Capistrano held. March 28, 1966.
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