65-1230_CC_Minutes_Special MeetingMinutes of the Special Meeting of the City Councilof San Juan Capistrano
DECEMBER 30, 1965
The Special Meeting was called at the request of the Mayor for the purpose of
setting conditions considered necessary to grant a temporary Certificate of Use and
Occupancy on the wax museum, a portion of the development under LUV 65-105.
The pledge of allegiance was recited. The invocation was given by Mr. Karl
Wray, Editor of the Coastline Dispatch.
The Acting City Clerk called the roll. Councilmen present: William A. Bathgate,_
Carl E. Buchheim, Edward S. Chermak, Antonio M. (Tony) Olivares and Don Durnford.
Absent: None
Mr. Drucker, owner of the Mission Wax Museum, addressed the Council and re-
quested a temporary Certificate of Use and Occupancy due to hardship caused by con-
tinuing rain, interest on his investment and payment of salaries to personnel unable
to work. A temporary Certificate of Use and Occupancy would permit him to recover
some of his expenses.
Mayor Durnford moved that the Mission Wax Museum and Gift Shop, a portion of
the development under Land Use Variance 65-105, be granted a Temporary Certificate
of Use and Occupancy as of December 30, 1965, subject to the following conditions
being met by the property owner:
1. The owner shall furnish the City a Certificate of Deposit in the name of
the City for the amount of $10,000, interest to remain with the depositor. Said
deposit being a faithful guarantee of the completion and acceptance of all public
and private improvements not completed as of this date. Said deposit to be returned
to the depositor after final clearance of building and improvements as evidenced by
issuance of a final Certificate of Use and Occupancy.
2. That the time limit for completion of the aforementioned improvements and
their acceptance by the City is ninety (90) days. Certificate of Deposit in the name
of the City not to be executed by the City prior to the referenced ninety (90) days
and default by owner.
3. That the owner of the property shall furnish the City a duly notarized
letter granting the City the right of ingress and egress to said property in the
event the Certificate of Deposit is executed upon by the City for the purpose of
insuring the completion of private and public improvements required by LUV 65-105,
which are to be constructed to City Standards.
4. That when Conditions 1 and 3 above, declared precedent by Council action,
have been met to the satisfaction of the City, the Office of the City Administrator
is instructed to issue the temporary Use and Occupancy permit for a period not to
exceed ninety (90) days from this date.
/z-go-bs
5• The Council shall review their action of this date within ninety (90)
days herewith, but in any event, prior to execution of the Certificate of Deposit.
Councilman Buchheim seconded and clarified his action in this instance in
that prior to the last rain no hardship had existed, the problem was internal, and
the Council in many instances had been lenient toward the project.
Discussion between Council members took place with Councilman Chermak stating
there should be an issuance of a temporary Certificate of Use and Occupancy by
County prior to time door opened for business. Councilman Bathgate queried status
of utilities and stated that Councilman Buchheim`s survey of the situation was the
same as his; that the public interest must be protected and no hazardous situations
permitted. Councilman Olivares queried staff concerning downspouts and their
completion date.
There being no further discussion, the Mayor called for action on the motion.
Motion carried unanimously and was so ordered.
Mayor informed the City Council that a study session with the Director of
Building and Safety at 9:30 AM, Wednesday, January 5, 1966, to explain the Los
Angeles -Lakewood Contract System and for a determination of services desired by
City. Councilmen urged to attend.
The meeting adjourned at 5:40 PM.
Robert K.Zrns, Acting City Clerk
These are the official proceedings of the Special Meeting of the City Council of
the City of San Juan Capistrano, held on the 30th day of December, 1965.
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