63-0211_CC_Minutes_Regular Meetingj91,
Minutes of the Regular Meeting of the City Council of San Juan Capistrano
February 11, 1963
Mayor Carl E. Buchheim called the regular meeting of the City Council to
order at 7:30 p.m.
'The invocation was given by the City Administrator, following the pledge
of allegiance to the flag.
The Clerk called the roll; councilmen present were: `dilliam A. Bathgate,
Eric F. Cliff, Don Durnford, Antonio (Tony) M. Olivares, and Carl E. Buchheim;
Councilmen absent: none.
The minutes of the previous meeting were approved as submitted.
WRITTEN COMMUNICATIONS:
Items of correspondence received were duplicated and submitted to the
individual councilmen. Those items requiring recognition and official action,
and entered upon the records are as follows:
1. Letter from the local American Legion Post No. 721, requesting an
exclusive permit to sell fire works within the city limits of San
Juan Capistrano.
Councilman Durnford made a motion, seconded by Councilman Olivares,
to grant approval of the request of the American Legion Post No. 721.
The motion passed unanimously.
2. Copy of a letter from the firm of O'Melveny and Myers, giving an
opinion on the recent decision of the United States Supreme Court
regarding the formation of an improvement district and its validity.
The matter was to be taken under submission by the Council.
3. Two resolutions of the City Council of the city of Fountain Valley
were submitted for endorsement and like action: (a) Resolution No.
1155, regarding State Senate reapportionment; and (b) Resolution No.
1156, regarding withholding of State Income Tax.
Council deferred action for further study and consideration.
ORAL COA24UNICATIONS:
Mr. Bill Webb, commander of American Legion Post No. 721, related a verbal
vote of thanks to the City Council for its favorable consideration of their request.
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TREAS'URER'S REPORT:
The monthly report of the financial status of the City of San Juan Capistrano
for the month ending January 31, 1963, was submitted by the City Treasurer, Mrs.
Alice Ross.
Councilman Bathgate made a motion to approve and accept the Preasurer's
report for the month of January, 1963. The motion was duly seconded by Councilman
Durnford. Motion passed and report ordered filed.
PLANNING COMMISSION REPORT:
Captain Ed Holtz, Secretary of the Planning Commission made a report as
follows:
1. Land Use Variance: Mr. Harald W. zur Nieden----
The request of Mr. Harald W. zur Nieden to permit the establishment of
an automobile sales and service business, in the "U-1, Unclassified District",
had received due process of public hearings, discussion, and consideration. The
recommendation was submitted to the City Council with approval, subject to con-
ditions.
Considerable discussion followed before the City Council took its action.
On motion of Councilman Cliff, duly seconded bi Councilman Olivares, approval
was granted for the request of Mr, zur Nieden as recommended by the Planning Comm-
ission, also subject to the conditions set forth.
rhe motion was passed and so ordered.
2. Sign Variance: Santa Ana Neon Company, agent for the Capistrano Hotel.
The request of Santa Ana Neon Company for permission to erect a sign
greater in area than allowed in the "C-1, Local Business" and Architectural
Control district, for advertising the premises and facilities of the Capistrano
Hotel had been duly processed.
There was no firm decision and recommendation, (except for possible approval
by vote of the City Council) by the members of the Planning Commission.
In view of the apparent indecision on the part of the Commission, the
City Council referred the matter back for further study and consideration by the
Planning Commission and report.
3. An informal, yet personal, request of Mr. Joseph Frost for the Planning
Commission to render an immediate decision for approval of a proposed 151 lot
subdivision on a 47 acre parcel now owned by the Oyharzabal's.
Of course, the request was denied, based upon inconclusive information and
due process under the provisions of the city ordinance and the Subdivision Map Act.
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COMMITTEE REPORTS:
Mr. T. J. Meadows, Director of Public Works, introduced Mr. Gene Kazmierczak,
engineer with the firm of Engineering - Science, Incorporated.
Mr. Kazmierczak reported review of the "Currie Report" on the feasibility of
Capistrano Beach Sanitary District handling the sewerage of this city, as a joint -
venture. He read the letter, giving highlights on feasibility, collection, and
treatment, then the economical analysis, with a concluding recommendation that the
City Council pursue all avenues of possibilities to workout or obtain suitable
arrangements with either the Capistrano Beach Sanitary District or the Dana Point
Sanitary District for treatment and disposition of sewage.
In view of the report with its recommendation and further knowledge of the
scheduled meeting of the Board of the Capistrano 3each Sanitary District to be
held Wednesday, February 13, 1963, at 7:30 p.m., the Mayor instructed the City
Clerk to make the necessary arrangements to place the City Council on the agenda
of that meeting, if at all possible.
UNFINISHED BUSINESS:
1. Proposed Ordinance ---establishing sewer permit and connection fees.
Deferred, until City Attorney presents the matter in ordinance form.
2. Proposed Ordinance --- for adoption of "Design Standards and Specifications"
for sewer construction.
Deferred action, until City Attorney submits the ordinance format.
3. Enforcement of City Ordinance No. 24, "Business License Tax".
Mr. John H. Dawson rendered a legal opinion regarding the collection of
a 'business license tax' from those subcontractors and/or contractors
or other persons working within the city and declaring a 'time and material'
status, and thereby inferring exemption to the payment of the business tax.
This rendering was submitted in writing; thus received and filed for
utilization and reference.
4. Solicitation, under the provisions of the I.C.C. regulations ----
The City Attorney was requested to research and report an opinion
with regard to solicitation, under the I.C.C. regulations.
NEW BUSINESS:
1. Offer to convey Street Easement ---
An irrevocable offer, by Leo E. and Flora M. Windolph, to convey an
additional thirty-two (321) feet of right of way for the Primary Arterial,
Alipaz Street, in accordance with the Master Plan of Streets and Highways,
and the land use permit request for the establishment of a plumbing business,
subject to conditions.
On motion of Councilman Durnford, duly seconded by Councilman Bathgate,
the offer to dedicate the additional easement for Alipaz was approved and
accepted by unanimous vote.
Further, the City Clerk was instructed to record the document with the
Recorder's Office, County of Orange.
RECOMMENDATIONS AND REPORTS:
(a) City Administrator -----
(1) Mr. Ernest A. Thompson inquired of the City Council that if the Capis-
trano Beach Sanitary District could not place them on the agenda, would a request
for a 'special meeting' be in order.
(2) He then submitted an oral recommendation of the City Council to seriously
consider instructing the City Engineer to draft a 'Master Drainage Plan' and
drainage fee ordinance.
Councilman Durnford made a motion to instruct the City Engineer to make a
study of a master drainage plan, working with the sewer engineer and city admin-
istrator with regard to finances, scope, and corrolated plan.
The motion was seconded by Councilman Bathgate. Motion passed unanimously.
(b) City Attorney_____
Mr. John H. Dawson made a small comment about the letter received from
O'Melveny and Myers. (This matter discussed further in the Executive Session
which followed the regular meeting).
(c) Councilman William A. Bathgate_____
Councilman Bathgate advised serious consideration for "signing" the fire
station along the street. Said fire station is located on la Matanza Street.
A committee report is forthcoming relative to a traffic study with a pro-
posed ordinance encompassing all 'prima facie' speed limit zones, stop signs,
stooped boulevards, and designated loading zones.
'The regular meeting adjourned into an "Executive Session" at 8:55 P.M.
"Executive Session"
The City Administrator, Ernest A. Thompson, requested the City Council to
establish the policy, as a matter of record, the recruitment and employment of
subordinate to personnel in the various departments, with regard to residency and
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qualification.
Discussion followed, with an expression of attitude that an employee should
be a taxpayer in the city, in order to work for the city.
Councilman Durnford offered a resolution extending authorization to all
'Department Heads' to recruit and employ the most competent personnel, yet,
employing persons with residency in the City, as preference, where all other
things are equal in meeting the qualifications. Roll call vote was:
Councilman ...................Don Durnford.......... ........... aye
William A. Bathgate..............aye
Eric F. Cliff....................aye
Antonio (Tony) Mi. Olivares....... abstained
Mayor Carl E. 3uchheim........... aye
The City Attorney, John H. Dawson, related his views and recommendations in
connection with the letter from the firm of O'Melveny and Myers with respect to
the validity of the formation of the San Juan Capistrano Municipal Sewer District
No. 1.
The City Council instructed the City Attorney to explore and report back with
a feasible plan, by contacting and negotiating with Mr. Francis R. 3tradling.
The meeting adjourned at 10:15 P.M.
Er t 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 the 11th day of February, 1963•
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