65-1213_CC_Minutes_Regular Meeting4
Minutts of the Meeting of the City Council of the City of San Juan Capistrano
DECEMBER 13, 1965
The Regular Meeting of the City Council was called to order at 7:35 PM by
Mayor Don Durnford.
The pledge of allegiance was recited. The invocation was given by City
Administrator, Ernest A. Thompson.
The City Clerk called the roll. Councilmen present: William A. Bathgate,
Carl E. Buchheim, Edward S. Chermak, Antonio M. (Tony) Olivares and Don Durnford.
Councilmen absent: None.
The minutes of the regular meeting dated November 22, 1965 and the Special
Meeting dated November 29, 1965, were accepted as presented.
WRITTEN COMMUNICATIONS
(a) Minutes, Executive Committee Meeting of the Metropolitan Transportation
Engineering Board, dated November 18, 1965 - Informational
(b) Letter from City of Fountain Valley regarding their letter to League of
California Cities expressing their feelings in regard to League's objective
and operation.
Councilman Olivares moved that the City forward a letter to the City of
Fountain Valley giving full support to their letter, with a copy to League
of California Cities, Orange County Division. Councilman Buchheim seconded
the motion and it carried unanimously.
(c) City Clerk read letter from Dike & Colgrove, dated December 6, 1965, regard-
ing completion of slope plantings in Capistrano Mesa, Tracts 5399 and 5675.
Mayor Durnford moved that if the conditions have been fulfilled and certified
as such by the Orange County Grading Department, the bond could be released.
Councilman Bathgate seconded the motion and it carried by a unanimous vote.
So ordered. City Administrator to direct Grading Department to make necessary
inspection. —
(d) Public Utilities Commission proposed public hearing dates. City Engineer
Jack Kubota stated he will be in contact and will keep up-to-date on the
situation.
(e) Memorandum from Director of Finance regarding Water Pollution Control Facility,
progress report attached
ORAL COMMUNICATIONS
Report received and filed by Council.
Mr. Edwin Rom, a representative of R. E. Jones, architect, spoke on behalf
of the Mission Wax Museum, requesting that the City of San Juan Capistrano grant a
temporary Use and Occupancy Permit to open the museum as scheduled December 18, 1965,
and that due to the setbacks caused by inclemant weather, they wished to go ahead
with plans as scheduled.
/z-l3-bi
Mr. William Cohen, Project Coordinator for the museum, stated that on December
6 the owners had sent a letter to the Orange County Building Department requesting
said temporary Use and Occupancy Certificate. Since the parking lot at the rear
of the building and the paving of Arguello Way were the only items not slated for
completion by date of tentative opening, several County inspectors have been in
favor of their going ahead with the opening.
City Attorney then stated that when the City grants a variance, it is customary
that the conditions of the variance be fulfilled before a Use and Occupancy Certifi-
cate may be issued.
Mr. Robert Johns, City Planner, stated that the City is co-insured for
$1,000,000.00. Mr. Drucker then stated that if the coverage is not satisfactory,
additional coverage would be made, and that any variance not complied with will be
complied with as soon as possible, but that the museum itself was totally completed
to the satisfaction of all County officials, and parking was more than adequate
for museum parking.
Mr. Ostro stated that the museum and the coffee shop were two separate build-
ings and the building that is going to be used is completed, and they were merely
asking for temporary occupancy for that portion of the building to be used.
FIFTEEN MINUTE RECESS .............
Mayor Durnford stated that legal counsel had advised the City could issue a
temporary permit for the premises, but unfortunately the principals did not present
their problems until six days before the opening of the museum, one of the problems
being Arguello Way. The Fire Marshal had asked that the area not be abandoned
becuase of access to the building, particularly in the kitchen area.
After lengthy discussion, Councilman Chermak moved that the wax museum be
allowed to open for the period December 18-19 and then be closed to the public until
a Certificate of Occupancy is issued for the completed project. Mr. Drucker then
made the statement that he would rather not open at all than to open for two days
only.
After further debate, Councilman Chermak withdrew his original motion and
Councilman Buchheim stated that in the best interest of all concerned, the request
be denied. He therefore made a motion that the request for temporary occupancy for
two weeks be denied. The motion was seconded by Councilman Bathgate and carried
unanimously. So ordered.
COMMITTEE REPORTS
(a) Council received copies from Planning Commissioner Bruce Martin of the report
on National Association of Housing and Redevelopment Officials and Department
of Housing and Urban Development Workshop which he attended in San Francisco
/ 2—/j - b.,
November 29, 1965• Mr. Kubota, though not on behalf of the City, was also
in attendance at this workshop and reported that interest was shown primarily
in urban renewal.
(b) Street sweeper bids - Councilman Chermak reported on Committee study and the
feasibility of the purchase of a used sweeper. Mayor Durnford recommended
that the Committee continue the study until the next regular meeting.
(c) Retirement Plan - Councilman Chermak suggested that the matter be continued
until the next regular meeting.
TREASURER'S REPORT
The Treasurer's Report fot the month ending November 30, 1965 was presented
by the City Treasurer, Alice M. Ross. Councilman Chermak moved that the report be
accepted and filed. Councilman Bathgate seconded the motion and it carried unanim-
ously. So ordered.
PUBLIC HEARINGS
(a) Mayor Durnford opened the public hearing on the Master Plan of Arterial Streets
and Highways. City Engineer made a presentation of Amendment No. 1 to the
Master Plan. Since there were no objections to the Master Plan as presented,
the public hearing was closed.
Councilman Bathgate offered a resolution to adopt Amendment No. 1 to the Master
Plan of Streets and Highways as shown on Exhibit A. The resolution was passed,
approved and adopted by a unanimous vote.
(b) Mayor Durnford opened the public hearing on the precise alignment of Alipaz
from Del Obispo to Camino del Avion. City Engineer made a presentation on the
precise alignment showing Alipaz by actual on -the -ground survey from Del Obispo
to the southerly city limits.
City Attorney John Dawson pointed out that abandonment proceedings could be
initiated for street purposes. There were no objections, and public hearing
was closed.
Councilman Buchheim offered a resolution for the precise alignment of Alipaz,
Del Obispo and Camino del Avion. The resolution was passed, approved and
adopted by unanimous vote.
UNFINISHED BUSINESS
(a) Val Verde Corp. - Mr. Barr, President, Val Verde Corp., requested continuance
of agenda items until Director of Public Works and legal counsel concur as to
new rates for sewer connections.
(b) Resolution establishing and authorizing position of sewer plant operator and
rescinding Council action of November 29, 1965.
/z- / j -6S
57
Mayor Durnford offered a resolution establishing and authorizing the position
of sewer plant operator at Range No. 22, Step 1, at the salary rate of $608.00
per month, and rescinding Council action of November 29, 1965. The resolution
was passed, approved and adopted by a unanimous vote.
NEW BUSINESS
(a) City Clerk read letter from Mission Wax Museum dated November 29, 1965, regard-
ing No Parking request. Mr. Ostro, on behalf of the museum, related reasons
for their request: (1) safety factor, (2) traffic flow, and (3) esthetic value.
Councilman Chermak moved that this item be referred to the City Engineer for
a comprehensive recommendation to the Council, and to report findings at the
next regular meeting. The motion was duly seconded by Councilman Olivares and
carried unanimously. So ordered.
(b) Letter, Mission Wax Museum, requesting permission for parade and street closing
December 18, 1965, for duration of Fiesta.
Mr. Drucker, President of the Wax Museum, requested that the letter be amended
with dateline to coincide with opening date of museum. He then set opening
date for January 15, 1966.
Councilman Olivares moved that the City allow a parade on January 15, 1966,
and that the letter be approved as of the date amended. Mayor Durnford seconded
the motion and it carried by a majority vote. Councilmen Bathgate, Buchheim
and Chermak abstained.
(c)
Letter from Lester
& Associates,
Inc., requesting Council
action
to place clean-
ing establishments
in C-1 (local
business) districts. Due
to the
late hour,
the matter was continued until the next Council meeting.
ADJOURNMENT
Councilman Buchheim made a motion that the meeting be adjourned until Monday,
December 20, 1965, at 7:30 PM to consider items 18 through 28.
The meeting adjourned at 11:55 PM
Op -
Ernst 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 on the 13th day of December, 1965.
/2.-/3-6.r