61-1009_CC_Minutes_Regular MeetingRegular Meeting of the City. Council of the City of San Juan Capistrano
October 9, 1961
The Mayor, Carl E. Buchheim, called the meeting to order at 7:33 P. M.
Invocation was given by Father Toale.
The roll was called. Councilmen present were: Cprl E. Buchheim, William A.
Bathgate, Edward S. Chermak, Don Durnford and Antonio M. (Tony) Olivares. Council-
men absent: None.
The City Clerk read the minutes of the previous meeting. Minutes were
approved as read.
WRITTEN COMMUNICATIONS:
1. Letter from the Southern Counties Gas Company accepting the franchise for
gas service within the city.
Motion by Councilman Durnford, seconded by Councilman Bathgate to accept the �—
letter and ordered it to be filed. Motion carried.
2. Letter from the Santiago Girl Scout Council requesting approval for the sale
of calendars duiing a period from November 3 through November 18, 1961.
Councilman Chermak made a motion to approve the request as submitted. Scond
by Councilman Bathgate. Passed and so ordered.
3. Letter and statement from the Orange County Building and Safety Department
relating revenues and charges for the quarter (July, August and September).
Councilman Durnford contested the charges to the city, and requested a more
explicit itemization be made to possibly justify the amounts.
4. Postal Card from the Orange County Division of the California League of
Cities; stated the date, time and place of the next executive session meeting.
5. Letter from the city attorney, John H. Dawson, rendering an opinion and
general election to be held April 10, 1962, whereby three (3) councilmen will
be elected.
6. Letter from Orange County Civil Defense announcing the County Cities Civil
Defense Coordinator's Meeting to be held Friday, October 13, 1961.
7. Letter from State Board of Equalization conveying the index cards for
those businesses established with the City, and giving the names and addresses of
each.
8. Letter from the LARTS study, division of the State Division of Highways,
relating the provision for covering 50% of the cost of collecting land use data under
section 701 of the 1954 Federal Housing Act.
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Motion by Councilman Durnford, seconded by Councilman Olivares, to refer this
information to the City Planning Commission. Motion carried.
ORAL COMMUNICATIONS: None
TREASURER'S REPORT:
The Treasurer's Report for the month of September was submitted for review and
acceptance.
Councilman Bathgate made a motion to accept the report, as submitted. Seconded
by Councilman Durnford. Motion carried.
PLANNING COMMISSION REPORT:
Ed Holtz, Secretary of the Planning Commission gave the report, in the
absence of the chairman, Fred Newhart.
(a) Public hearing will be held for the Land Use Variance request of the First
Baptist Church of Dana Point. Public hearing is scheduled for 2:00 P. M., Tuesday,
October 17.
(b) Letter of request from Mr. W. M. Freiburg house of Business Consultants
Inc., to permit a temporary use of a trailer house for office purposed. Commission
recommends denial.
(c) The Planning Commission requests the City Council to employ a professional
engineer to assist the Planning Commission in preparing the study for routes and
locations for future primary and secondary streets in the master plan for arterial
street system in the city.
City Council received the report and took the following actions:
1. Councilman Durnford moved to accept the recommendation for denying the
request of Business Consultants inc.; seonded by Councilman Bathgate. Motion
carried.
2. Councilman Durnford made a motion to authorize the Planning Commission to
employ an engineer to assist in preparing a master plan for arterial street system;
seconded by Councilman Dlivares. Motion carried.
COMMITTEE REPORT:
The Citizen's Water Committee reports 91 signatures on the petition for the
dissolution of Orange County Waterworks District Noe 4.
An inquiry was made to acquiring by annexation that area 4thin the Waterworks
District, but outside the limits of the City.
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"FIVE MINUTE RECESS" ..............
UNFINISHED BUSINESS:
1. Sanitary District Public Hearing
hearing was closed.
There being no protests, the public
Councilman Chermak offered a resolution, establibhing the San Juan Capistrano
Municipal Sewer District No. 1, pursuant to Sections 4600 at seq. of the Health
and Safety Code of the State of California. Resolution was accepted and adopted
unanimously.
2. Taxi Cab Franchise.
Councilman Durnford made a motion, seconded by Councilman Chermak, to waive
the reading of the taxi cab franchise ordinance, except by title only.
The first reading was given for "An Ordinance of the City of San Juan
Capistrano regulating the business of operating taxi cabs within the city limits of
the City of San Juan Capistrano; establishing regulations in connection therewith;
and setting forth the penalties for the violation thereof."
3. Proposed ordinance for the licensing of dogs and control of dogs and
other domestic animals was offered.
Since services will have to be handled by the County Health Department, the
Clerk was instructed to obtain a copy of the County ordinance and inquire as to
the cost of service. Further, it was decided that the ordinance could be adopted
as an urgency ordinance, and by reference.
k. City Seal
Councilman Chermak offered resolution to adopt as the City official seal, the
illustrated sample, submitted by Rosen, Inc.
Resolution adopted unanimously.
5. Sign Ordinance
Councilman Bathgate made a motion, seconded by Councilman Olivares, to
waive the second reading of the sign ordinance, except by the title only.
Motion passed.
Second reading of the sign ordinance; title only, "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", as Ordinance No. 34.
Councilman Durnford offered a resolution to adopt the sign ordinance, Ordinance
No. 34. Resolution accepted and adopted unanimously.
Councilman Durnford requested that copies of the ordinance be sent to those
agencies having outdoor advertising signs situated within the city.
6. City Insurance Coverage and Policies.
Councilman Chermak offered a resolution to accept the insurance policy and
program, as submitted by Paul Phelps through the Citizens Insurance Company of
New Jersey. Resolution was accepted and adoptedunanimously.
NEW BUSINESS.•
1. Petition, signed by 23 residents along Mission Street (extended) was sub-
mitted to the City Council requesting improvement to be made before the rainy season.
Discussion followed.
It was finally resolved that the "street" is an "easement" only; and not a'
dedicated City Street; therefore, the City could nctexpend public funds for its
improvement.
2. A proposed ordinance, providing for the issuance of temporary non-
negotiable notes, was submitted.
Councilman Bathgate made a motion, seconded by Councilman Chermak, to waive
the reading of the ordinance, except by title only.
Motion carried.
First reading of the ordinance: "An Ordinance of the City *f San Juan
Capistrano, California, providing for the issuance of temporary non-negotiable
notes, and repealing Ordinance No. 27", was given by the City Attorney,
3. The issue relative to agency jurisdiction of mobile homes and mobile home
parks was submitted to the City Council.
Councilman Durnford made a motion to take the mattt for review and study,
seconded by Councilman Chermak. Motion carried.
4. A format of a resolution declaring October 23 as "United States Day" was
submitted.
Mayor Carl E. Buchheim made a proclamation that October 23 be "United States
Day" in the City of San Juan Capistrano.
5. Councilman Bathgate introduced Mrs. Ruth Stewart.
Mrs. Stewart inquired as to what lops are being taken by the City to pro-
tect the water rights in the "valley" (meaning specifically the Trabuco, but also
inferring the San Juan Creek, too.)
Mayor Buchheim related the position of the city and status at this time, with
regard to the situation of jurisdiction of Orange County Waterworks District No. 4.
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RECOMMENDATIONS and REPORTS:
1. City Clerk-Adidnistrator
(a) Reported that 85 Business Licenses had been purchased.
(b) 500 Business License forms had been purchased.
(c) Most all local business licenses are distributed.
(d) Reminded the City Council of meeting with Supervisor Nelson,
October 12, at 3:00 P. M.
(e) Orange County League of Cities to hold Executive meeting, Thursday,
6:45 P. M., October 12.
(f) Related numerous inquiries about possibly establishments for fortune
telling, palmistry and clarevoyance.
2. Councilman Chermak reported that fire permits, for burning, are being issued
without consideration for weather conditions, air pollution, period of time and
location, thereby allowing adverse situations.
It was noted that Mr. Bill Fitchen, Orange County Agriculture Department
and Air Pollution Control, should be informed.
3. Councilman Durnford requested that a parking diagram be drawn to support
resolutions for parking zone establishment.
He also requested that the necessary resolutions and ordinances be submitted
for adoption in order that the City may qualify for Civil Defense participation.
4. Councilman Olivares requested a more explicit manner of indicating to
those in attendance at the Council meetings that "Oral Communications", on the
agenda, was the period set aside for hearing those matters which people wished
to express to the Council orally.
Mayor Buchheim further proposed changes in the policy, procedure and format
for future agendas: Minutes of the previous meeting will be mailed, along with
the proposed agenda for the forthcoming meeting, by Friday, preceding the next
City Council meeting.
5. Mayor Buchheim related that Mr. Oyharzabal had prevWnted the destroying of
a historical monumental building. He offered a resolution of commendation for the
reconstruction and restoration of the building located at 31871 Camino Capistrano.
The resolution was accepted and adopted unanimously.
Meeting adjourned at 10:15 P. M.
Erneit A. Thompson
Cita:Clerk-Administrator
San Juan Capistrano, California
These are the official proceedings of the City Council of the City of San Juan
Capistrano, California, October 9, 1961.
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