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69-1124_CC_Minutes_Regular Meeting195 NOVEMBER 24, 1969 MINUTES OF THE MEETING OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO The regular meeting of the City Council was called to order by Mayor Edward S. Chermak at 7:00 P.M. The pledge of allegiance was recited. Invocation was given by the City Administrator, Ernest A. Thompson. The City Clerk called the roll. Councilmen present: William A. Bathgate, Don Durnford, Thomas A. (Tony) Forster and Edward S. Chermak. Councilmen absent: Antonio M. (Tony) Olivares. There was a correction to the minutes of November 10, 1969. Under Staff Reports, Director of Public Works - T. J. Meadows, Item (a) - Reported that unless we are a member of S.C.A.G. - any funds we might apply for from H.U.D. would not even be considered. Item (d) - Shell Service Station. City Engineer - Jack Y. Kubota, (Item b) - Inquired as to the speed limit being reduced from 55 m.p.h. to possibly 35 m.p.h. along Camino Capistrano from San Juan Creek Road to the southerly city limits. Under Unfinished Business - Add: Councilman Forster moved to accept the request of the Belinda Co., seconded by Councilman Olivares - Motion was defeated 3 to 2. (This sentence to be inserted before the sentence, "Lengthy discussion followed, etc.). The minutes of the Special Meeting of November 13, 1969, were approved as presented. There was a brief discussion as to the extent of exact verbage being reflected in the minutes - legal counsel gave opinion it is up to the Council how detailed or how brief they wish to have the minutes. PUBLIC HEARING The Public Hearing on L.U.P. 69-118 (McCall) was opened after mention was made of the letter the Council received from Dr. Shainman, a member of the Mobile - home Park Study Committee. It was pointed out at this time that the due process of law in appealing had been followed by the developer and in affect, was in proper order since it was before the moratorium had been placed on applications for mobilehome parks. Mr. J. K. McCall, developer on the proposed park on the Gannon property, addressed the Council. Mr. McCall showed a rendering of the recreational park and stated there were no objections at the first hearing, only the question handling the storm water. The City Engineer had recommended a 60" storm drain across the front of the property whereas the developer's engineer felt C16 the water could be handled through the park streets. It was stated that the storm water problem is separate from the granting of the L.U.P., or else the City Council should make this a condition and the park should be judged on its merits rather than the question of water drainage. Mrs. Natalie Mitchell, a member of the audience questioned if the City would be liable if water flooded the mobilehome park, and received a negative reply. At this time, Councilman Forster wanted to know if the church had a waiver on their drainage improve - meets and the answer by the City Planner was yes, for approximately nine more months. Mr. Regan also spoke briefly to the Council, as did Mr. Boucher in question- ing the validity of the Public Hearing in the first place, since this was the reasoning in having the Mobilehome Park Committee do an in depth study of mobile - home parks coming into the City. Decision was to have another session with the Planning Commission so study by the Council can be made and a decision rendered. Councilman Forster stated, that if approved, a condition he would like to see would be for full improvements. STAFF REPORTS City Administrator - Ernest A. Thompson (a) No items on the Orange County Board of Supervisors agenda regarding San Juan Capistrano except for last week's vote to sell the airport land. (b) Received notification from the Department of Public Health re: redeclaration of seven counties being classified as a rabies area from a cyclical nature standpoint. (c) Received request from Walters & Son, Inc. to use sanitary sewer facilities located on Alipaz Road. (d) Memo from the City Planner regarding five possible illegal parcel divisions of land. AP parcel numbers were given and decision was to prosecute. Copy _ of letter was given to legal counsel. (e) Easement to old sewerage treatment plant with reference to the encroach- ment permit on the Oyharzabal property. Requested legal opinion regarding access to the City Hall facilities. City Attorney to research and report back. (f) Attended Sacramento and Marin County meetings relative to the Camino Las Rambles and Interstate 5 interchange. A resolution was adopted by the California Highway Commission stating there will be no more delays in the construction of the interchange. /,--y%l-e1 197 City Attorney - John Dawson Has made contact with appraiser re: Del Obispo Investment off-site sewer easement. Finance Director - Paul P. Lew Councilman Bathgage moved to authorize Warrant numbers 4726 through 4783 in the amount of $81,211.43 be paid, seconded by Councilman Forster, carried 4to0. Director of Public Works - T. J. Meadows (a) Merit increase for Ed Vallavanti, retroactive to November let, (his anniversary date) was motioned by Councilman Durnford, seconded by Council- man Bathgate, carried 4 to 0. (b) Pleased to announce that the Office of Emergency Preparedness has sent the first check on our initial request for flood damage relief funds. Check was in the amount of $212,000. (c) Made request for $800 expenditure for manhole protection which has to be completed by January. (d) Progressing with new design of Trabuco Bridge. (e) La Novia precise alignment in line with design of new Ganado Bridge. The Mayor at this time made a recommendation, which was made a motion by Councilman Bathgate and was seconded by Councilman Durnford to have the Department of Public Works proceed immediately with the rest of the work to be done to protect our sewer lines from storm damage, carried 4 to 0. It was stated that the precise alignment of La Novia should be put in the most advantageous alignment for the entire city and not for just a few property owners. Councilman Bathgate made a motion to authorize the City Engineer, Jack Kubota to do a study on the precise alignment between Ortega Highway and San Juan Creek Road. Consideration for future affect on the surrounding areas of influence should be included. Motion was seconded by Councilman Durnford and carried 4 to 0. City Engineer - Jack Kubota (a) Subdivision activities - Tract 6225, Mr Koll is paving about 2/3's of the streets. Tract 6969, Belinda Co. - rough grading is just about completed. Rosenbaum property is ready for approval of improvement plans. (b) Consensus of Council discussion indicated the 45 m.p.h. speed limit seems more appropriate along Camino Capistrano. Councilman Bathgate offered Resolution No. 69-11-24-1 for establishing the speed limit at 45 m.p.h. zV—toy -t98 I from San Juan Creek Bridge to the southerly bo AYES: Councilmen: Bathgate, Durnford, Forste ABSENT: Councilman Olivares. (c) Approved improvement plans for the Honsberger (d) Santa Fe Railroad is working on designs for V (e) Route 1 - grade separation. New interchange within three years, in the Capistrano Beach - WRITTEN COMMUNICATIONS Letter from the Capistrano Airport regarding Administrator explained the time period requires Durnford moved for acceptance and signing of the Bathgate, carried 4 to 0. ORAL COMMUNICATIONS Mr. H. L. Gutsch addressed the Council regarding the development of the Horsberger property for a Mobilehome Park. The initial request was for authoriza- tion to use the sanitary sewer facilities located in Alipaz Road. This in turn brought about the request for annexation to San Juan Capistrano when the project is completed. It was brought to the attention of the Council that this would have to clear through the Local Agency Formation Commission first, as well as the surrounding property owners being advised before the City approves annexation. Discussion then followed with Robert K. Johns, City Planner, responding with a statement reflecting four (4) basic differences in development and design criteria which is allowed by the County of Orange that would be considered substandard under the rules and regulations of the City of San Juan Capistrano. Further, the City Council advised that the matter be submitted to the Mobile - home Park Study Committee. Councilman Bathgage suggested that the property be subjected to the financial obligations - as though it would have been part of the City. Thereupon, the matter was continued until a report from the City Planning Commission is received. PLANNING COMMISSION MATTERS (a) Item 6 (b) of the Planning Commission Minutes related to Camino del Avion, Precise Alignment in its first public hearing further requires a second hearing before the City Council. Public Hearing was set for Monday, January 12, 1970 at 7:00 P.M. (b) Recreation Vehicle Park variance applications were questioned in order to obtain opinion whether the moratorium for mobilehome parks included these also. Ir-vy-l+9 UNFINISHED BUSINESS 0 The proposed lease of the old Romoff ranch house and the land surrounding (future park site) by a community service organization had been continued from time to time to this date. The City Administrator made a recap of the factors concerned and reported on the fire code inspection and capacity limitation for occupancy, the building code requirements, and the insurance coverage required of a lease holder. Discussion followed with no decision rendered, except that the Capistrano Lions Club be allowed to have Nofie Famularo to remove all orange trees from the site. The matter was continued until the next regualr meeting. (Note - The Mayor and Councilmen to meet on the site at 4:30 P.M., December 1, 1970, to further review and inspect the structure and facilities, as they presently exist). COUNCILMEN REPORTS Councilman Bathgate Councilman Bathgate related in his opinion "recreational vehicle parks" are acceptable for variance processing, and therefore not precluded by moratorium. Councilman Durnford (a) Inquired as to when the signals will be put in at Ortega Highway and Camino Capistrano. (b) Inquired as to when the construction can be expected to begin on the Ganado Bridge. Also, questioned if it is the intention to include the railing of Camino Capistrano Bridge again. Councilman Forster Would like to see the School Board meet with the Council regarding a counter proposal for the athletic field to be a possible future site for the City Hall - would like to have properly placed on the agenda. Mayor Chermak (a) Proclaimed Bill of Rights Week December 14 through the 20th. (b) Received letter from the White House acknowledging the City's resolution with regards to air pollution (c) December 26, 27 and 28 - Requested authorization for participation in the Southern Pro Am Golf Tournament at Mission Viejo. Discussion brought up again on the Public Hearing L.U.P. 69-118 (McCall). Referred back to the Planning Commission for possible conditions they might want to attach and to have back to the City Council by the next meeting, December 8. ADJOURNMENT The meeting adjourned at 10:12 P.M. Respectfully �submitt , �%YY C C L t& -Y' t A. Thompson City -Clerk /I--). q-