63-0624_CC_Minutes_Regular MeetingMinutes of the Regular Meeting of the City Council of San Juan Capistrano
June 24, 1963
The regular meeting of the City Council was called to order at 7:35 P.M., by
Mayor William A. Bathgate.
The pledge of allegiance to the flap was recited. The invocation was given
?..
by John H. Dawson, City Attorney.
The City Clerk called the roll: Councilmen present were: Carl E. Buchheim,
Eric F. Cliff, Don Durnford, Antonio M. (Tony) Olivares, and William A. Bathgate;
Councilmen absent: none,
The minutes of the previous meetings held June 10, 1963, and June 17, 1963,
were approved as corrected.
WRITTEN COMMUNICATIONS:
(a) City Clerk, Ernest A. Thompson, read a letter from the City Manager of the
City of Santa Cruz, David C. Koester. Mr. Koester was recently a vacation visitor
to San Juan Capistrano, and complained that while visiting the Mission, all normal
sounds were drowned out by the blare of loudspeakers playing rock and roll music
from speakers on a novelty shop on the opposite corner. He felt this was in ex-
tremely poor taste and bad publicity for this City.
Councilman Buchheim made a motion to instruct the City Clerk to write a
letter to Jimmy DiMaio of the Capistrano Trading Post and Neil Lunetta of the
Mission Drug Store, requesting them to cooperate with the City in promoting a
more favorable atmosphere in the vicinity of the Mission. Councilman Cliff sec-
onded the motion and carried unanimously. So ordered.
ORAL COMMUNICATIONS:
(a) Mr. Morris Misbin, land developer, appeared before the Council, requesting
a resolution recommending the installation of fill material along the San Diego
Freeway for ultimate access ramps.
Mr. Misbin will provide a legal description of the specific area location
concerned so that they can refer to the exact location.
TREASURER'S DEMANDS:
The list of demands and accounts payable on July 1, 1963, was submitted by
the City Treasurer, Alice M. Ross.
Councilman Cliff made a motion to accept and approve for payment, the list
of demands as amended; seconded by Councilmen Durnford, Passed unanimously and
so ordered.
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PLANNING C014MISSION REPORTS:
The Planning Commission reports were given by Mr. Ed Holtz, Secretary of the
Commission.
(a) Land Use Variance - Service Station - Romarco Realty, Incorporated.
Mr. Holtz read a letter from the Planning Commission recommending approval
of the Variance subject to conditions.
John Dawson, City Attorney, recommended that the applicant temporarily con-
nect to the 10 -inch sewer line that extends underneath the San Diego Freeway and -
lies at a point northerly of the site location. At the time the proposed 1911
improvement district is constructed, they shall then connect onto the facilities
in the Ortega Highway.
Councilman Buchheim made a motion to approve the Variance subject to con-
ditions set forth by the Planning Commission Secretary and City Attorney. Coun-
cilman Durnford seconded the motion and carried unanimously.
(b) Variance Request - Dr. Ralph H, Sturdevant
Mr. Holtz reported the Commission has the reouest scheduled for Public Hear-
ing at 3:00 P.M., July 2, 1963-
(c) Division of Land Application - Commander B. P. Williamson
The Planning Commission will discuss the request on July 2, 1963.
UNFINISHED BUSINESS:
(a) M -L, District Regulations - (Proposed Ordinance)
Councilman Durnford made a motion that the matter be set aside for further
study. Councilman Buchheim seconded the motion.
Discussion followed.
Councilman Durnford then added the amendment to set the date of August 12,
1963, to be open for discussion, seconded by Councilman Buchheim. The motion and
its amendment carried unanimously.
(b) Personnel Rules and Regulations - Resolution
Councilman Cliff made a motion to defer action until a later date. Council-
man Buchheim seconded the motions and carried unanimously.
(c) City Budget for 1963-1964 - Continued Study
Councilman Durnford moved that the preliminary budget be adopted with the
modifications. The motion was seconded by Councilman Cliff and carried unanimously.
Councilman Cliff made a motion that the tax rate remain the, same. Councilman
Buchheim seconded the motion.
Discussion was held.
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Councilman Cliff then offered a resolution that the tax rate remain the same.
The resolution was accepted, adopted, and passed by a majority vote, Councilman
Olivares voted "NOE".
Councilman Buchheim offered a resolution to establish a fund for reserves
for investment and accumulative interests, with those monies of the unappropriated
reserve funds. The resolution was accepted, adopted, and passed by a unanimous
vote.
FIVE MINUTE RECESS
(d) Business Licenses _ pro rating
Councilman Cliff explained his proposal of prorating the Business License
for Contractors and Sub -contractors only.
It was questioned whether other cities pro -rated their Business Licenses.
City Attorney, John Dawson, will check with other cities and report at the next
meeting.
Councilman Cliff made a motion for City Attorney, John Dawson, to draft an
ordinance amending the Business License Ordinance by prorating the licenses for
contractors and sub -contractors only providing those applicants who apply during
the first six months of the fiscal year will pay the full fee. During the third
quarter, new applicants will pay one-half the regular fee. During the fourth
quarter, new applicants will pay one-quarter of the regular fee. The motion was
seconded by Councilman Olivares and carried by a majority vote. Councilman Durn-
ford and Buchheim voting "NOE".
NEW BUSINESS:
(a) Acquisition of certain sewer easements by Eminent Domain proceedings:
City Attorney, John Dawson, explained the proceedings and requested authority
to obtain the desired information. Approved and so ordered.
(b) Master Agreements - State Division of Highways.
1. City Clerk, Ernest A. Thompson, read a letter from the State Division of
Highways, re: Gas Tax Funds.
Councilman Buchheim offered a resolution to instruct the Mayor and City Clerk
to execute the documents. The resolution was accepted, adopted, and carried by a
unanimous vote. So ordered.
2. City Clerk, Ernest A. Thompson, submitted documents from the State Div-
ision of Highways, re: Engineering Funds.
Councilman Buchheim offered a resolution to instruct the Mayor and City Clerk
to execute the documents. The resolution was accepted, adopted, and carried by a
unanimous vote. So ordered.
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(c) City -County Service Agreements:
Councilman Durnford offered a resolution instructing the Mayor and City Clerk
to execute the a-,reements. The resolution was accepted, adopted, and carried by a
unanimous vote. So ordered.
(d) Councilman Buchheim offered a resolution to appoint T.J. Meadows, Director
of Public Works, and Councilman Olivares to represent the City Council in the
meetings of the Dana Point Sanitary District and to report back at each meeting.
The resolution was accepted, adopted and carried by a unanimous vote.
(e) Councilman Buchheim offered a resolution to appoint Councilman Olivares, T.
J. Meadows, and Mr. Morris Misbin, developer, to meet with the Capistrano Beach
Sanitary District to negotiate a reasonable agreement and to bring current reports
on each and every meeting.
Resolution was accepted, adopted and carried by a unanimous vote,
RECOMMENDATIONS AND REPORTS:
(a) City Clerk, Ernest A. Thompson, announced the League of Cities meeting on
July 5, 1963, at Laguna Beach.
(b) City Clerk announced that Friday, June 28, 1963, has been set for a meeting
with Supervisor Allen in regard to discussion of library facilities, The meeting
will be held at Cafe San Juan, 7:00 A.M.
(c) City Attorney, John Dawson, reported that the City does have the priviledge
of withdrawal from the Library District on or before February 1st of any year but
must give prior public notice in the paper giving notice that it will be discussed.
M. Dawson will check further into the matter.
(d) City Engineer, Jack Kubota, presented a map of the preliminary drainage study,
and has estimated the charge to be imposed upon the developers and land owners to
be approximately $300.00 per acre.
(e) Councilman Durnford inquired of T. J. Meadows as to the status of the Weed
Abatement Program,
Mn Meadows assured the Council that he is proceeding with the program.
The meeting adjourned at 10:30 P.M.
i
E est A, hompson
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 24th day of June, 1963,
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