61-0925_CC_Minutes_Regular Meeting58
Regular Meeting of the City Council of the City of San Juan Capistrano
September 259 1961
The meeting was called to order at 7:35 P. M., by Mayor Carl E. Buchheim.
The invocation was recited by Ernest A. Thompson.
Pledge of allegiance to the flag was given.
The City Clerk called the roll: Councilmen present: Carl E. Buchheim,
William A. Bathgate, Edward S. Chermak, Don Durnford and Antonio M. (Tony)
Olivares. Councilmen absent were: None.
RECEIVING WRITTEN COMMUNICATIONS:
1. Letter from Dr. Konstatin Sparkuhl, requesting permission to allow the
pole standards for sign to remain in place at present location.
Fred Newhart, Chairman of the Planning Commission, reported receipt of the
request; reviewed the request; and made a recommendation of denial.
Councilman Chermak made a motion, seconded by Councilman Durnford, to uphold the
recommendation of the Planning Commission and to deny the request application.
Motion carried and so ordered.
2. Franchise offer and bid from the Southern Counties Gas Company was received.
Councilman Durnford offered a resolution accepting the offer and bid for
franchise of the Southern Counties Gas Company. Resolution was accepted and adopted
unanimously.
3. Letter from the City of La Mirada conveying a resolution of the City
Council, urging all citizens and governmental agencies to encourage the construction
of individual and community fallout shelters.
4. Letter from the Orange County Division of League of Cities, announcing the
date, time and place of the general meeting to be held for the month of September.
ORAL COMMUNICATIONS:
The City Clerk reported that Dr. Haight, of the Orange County Health Department
had contacted the City office, relative to the licensing of dogs, and the
jurisdiction in connection therewith.
TREASURER'S DEMANDS FOR ACCOUNTS PAYABLE:
Demands for accounts payable were itemized and submitted for the City Council's
approval.
Councilman Chermak made a motion to approve and accept the list of aldmands,
and thereby instruct the City Treasurer to draft warrants for payment. Motion
seconded by Councilman Olivares. Motion carried and so ordered.
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PLANNING COMMISSION REPORT:
Mr. Fred L. Newhart, Jr., Chairman of the Planning Commission, gave a report
on the meetings of the Planning Commission, held on September 19 and September 25,
with respect to the public hearings and Land Use Variance application requests.
1. Mr. Newhart also presented three (3) spearate and individual requests of
Mr. Birtcher and his sons, to wit:
(a) Parcel A, - to permit a children's playhouse, other than the single-
family residence;
(b) Parcel B. - to permit a swimming pool, other than the single-family
residence;
(c) Parcel C, - to permit a three (3) horse stable and trackroom, in
addition to the single family residence;
Recommendation of approval was made by the Planning Commission.
Councilman Durnford made a motion to accept the recommendation and therefore
grant approval of the Land Use Variance requests. Motion was seconded and carried.
2. Public hearings, held September 19, 1961
(a) Proposed ordinance to regulate and control the design, construction,
illumination, location and maintenance of all signs and sign structures, was
submitted to the public for consideration. There were no protests and the public
hearing was closed.
(b) Proposed amendment to Ordinance No. 5, the Land Use Ordinance, to
establish C-1 and C-2 zoning within the City, was considered at the Public
Hearing held September 19, 1961. There were no protests and the public
hearing was closed.
(c) Exhibit A of the proposed Districting Ordinance, establishing the
district boundaries for the C-1 zoning, was presented at the public hearing.
There were no protests and the public hearing was closed.
3. Special Meeting
(a) Special meeting to hold Public Hearing on the Land Use Variance
request of Mr. Neil Pipher, Pipher Crane & Rigging, for the proposed establish-
ment of an equipment storage yard, to be located along Alipaz Street, between
Del Obispo Street and Camino Del Avion. The request for temporary use was
for a period of two (2) years.
Petition of seven (7) property owners was submitted, protesting the
Land Use Variance.
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The Planning Commission voted to recommend denial, to the Council.
(b) The Planning Commission Chairman read a copy of a letter of appeal,
sent to the Board of Supervisors, whereby reconsideration should be made on the
establishment of M -R zoning, by the Orange County Planning Commission, on a
parcel of land in Section 14-8-8.
Mayor Buchheim then made a statement of commendation to the Planning Commission
for the fine work accomplished thus far.
The City Council took action on the issues reported by the Planning Commission:
(a) Councilman Durnford made a motion, seconded by Councilman Bathgate,
to waive the reading of the Sign Ordinance, except by title only. Motion
carried.
The first reading of the proposed Sign Ordinance was made by City Attorney,
John H. Dawson: "An Ordinance of the City of San Juan Capistrano regulating
and controlling the design, construction, illumination, location and maintenance
of all signs and sign structures".
(b) Newspaper Co -publisher, Karl Wray, appealed to the City Council to
consider the newspaper publishing classification to be included in C_1 zoning,
since the "Printing and Bookbinding" classification is included.
Councilman Olivares made a motion to delay action on the C_1 zoning
Ordinance, pending further study and consideration. Seconded by Councilman
Chermak. Motion carried.
(c) =Councilman Chermak made a motion to uphold the Planning Commission's
recommendation and deny the Land Use Variance request of Pipher Crane &
Rigging Company. Seconded by Councilman Durnford. Motion passed and s>
ordered.
"FIVE MINUTE RECESS"...........
COMMITTEE REPORTS:
1. Citizen's Committee for Water: Fred Newhart reported the motions,
recommendations, and actions of the committee thus far, and submitted them to the
City Council for acceptance and further instructions.
Discussion followed.
City Attorney, John Dawson, relayed statements of the "water status".
(a) Dissolution of Orange County Waterworks District No. 4 would be adverse
at this time; (b) Assignments to District No. 4, as to its obligations in partici-
pation; (c) Moulton -Niguel is going ahead with construction contracts and projecting
money in behalf of District No. 4; (d) Interim water status indeterminant;
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(e) No REAL committment from MWD as to the amount of water to be supplied; (f)
Several contracts sent to bid; (g) Five year deferment for payment on principle of
the $2.8 million bonds.
Mr. Bob Williams requested that initial steps be taken in proceeding with
mater issues. He further requested a better information and communication with
officials handling the water transactions.
Mr. John Dawson stated that he could obtain duplicate copies of all transactions
relative to the water issues.
Report submitted by the Citizen's Committee for Water received and filed.
2. Vending machines: The City Clerk reported the committee's recommendation
to establish the Yee schedule at a rate per single unit, as opposed to the existing
provision, for the first ten (10) units, theaby setting the rate at $1.00, $2.00
and $3.00 each for vending machines taking 1¢, to 5¢inclusive, 6¢ to 10¢ inclusive,
and machines requiring 11¢ or more,xespectively.
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The City Attorney was instructed to draft an amendment to the Business License
Ordinance fee schedule accordingly, for vending machines.
3. Office Personnel: Recommendation to be made at Executive Session of the
City Council, at end of meeting.
UNFINISHED BUSINESS:
1. Taxi Franchise:
passage.
City Attorney submits franchise ordinance proposal for acceptance and
City Council receives the proposed franchise ordinance for further study
and review.
2. Animal Licensing:
Proposed ordinance taken under study and review.
3. City Seal: Under continued processing by Rosen, Inc.
4. Street sweeping contract is now ready for signing and acceptance.
5. Second reading of Ordinance No. 33, the franchise ordinance for Southern
Counties Gas Company.
Councilman Bathgate made a motion, seconded by Councilman Durnford, to waive
the reading of Ordinance No. 33, except by title only. Motion carried.
Councilman Durnford offered a resolution to adopt Ordinance No. 33, "An
Ordinance of the City of San Juan Capistrano granting to Southern Counties Gas
Company of California, a corporation, the right, privilege and franchise to lay and
use pipes and appurtenances for transmitting and distributing gas for any and all
purposes under, along, across and upon the public streets, ways, alleys, and places
as the same now or may hereafter exist within said municipality".
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Resolution accepted and adopted unanimously.
NEW BUSINESS:
1. City Insurance:
Councilman Chermak moved to accept the recommendation of Mr. Paul Phelps,
insurance agent for the City's insurance, for the increased coverage. Motion
seconded by Councilman Durnford
2. Sanitary District:
Motion carried and so ordered.
City Attorney, John Dawson, related the formalities to be processed in order
to make transfer of the district to a new entity, without disqualifying for allocation
of Federal funds.
Resolution of Intent was offered by Councilman Chermak, naming the new entity
as "San Juan Capistrano Municipal Sewer District No. 111, describing the boundaries
and setting the time and place for public hearing as 7:30 P. M., Monday, October 9,
1961, in the City Council Hearing Room.
Resolution adopted unanimously.
RECOMMENDATIONS and REPORTS:
Councilman Bathgate made a motion to follow the recommendation of the
Citizen's Committee for Water, as submitted, motion seconded by Councilmak Chermak.
Discussion followed.
Motion passed.
Mayor Buchheim appointed the members of the City Council as the Local Advisory
Board, to work on the water problems.
Councilman Durnford offered a resolution to request the State Park Commission
to make a historical study and survey of San Juan Capistrano and the surrounding
area.
Resolution adopted unanimously.
Meeting adjourned into Executive Session at 9:50 P. M.
Councilman Durnford offered a resolution for the employment of Mrs. Arlene
M. SuSang; to be typist -clerk; to work Tuesdays and Thursdays; at the rate of
$125 per hour.
Resollion adopted unanimously.
Meeting adjourned at 10:15 P. M.
Ernbst A. Thomspnn V
City Clerk -Administrator
San Juan Capistrano, California
Official proceedings of the City Council of San Juan Capistrano, September 25, 1961.
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