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69-1208_CC_Minutes_Regular Meeting201 a DECEMBER 8, 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 7:01 P.M. The pledge of allegiance was recited. Invocation was given by the City Attorney, John H. Dawson. The City Clerk called the roll: Councilmen present: William A. Bathgate, Don Durnford and Edward S. Chermak. Councilmen absent: Antonio M. Olivares. Councilman Thomas A. (Tony) Forster arrived at 7:08 P.M. The minutes of the Special Meeting of November 20, 1969 were approved as presented. There was a correction to the minutes of November 24, 1969. Under Staff Reports, City Engineer - Jack Kubota, Item (b) First sentence in paragraph should read - Consensus of council discussion indicated the 45 m.p.h. speed limit seems more appropriate along Camino Capistrano. Under Oral Communications, third paragraph, (typing error) - as though it would have been part of the City. The minutes of the November 24 meeting were then approved as corrected. STAFF REPORTS City Administrator - Ernest A. Thompson (a) Announced an invitation has been extended to the Council and staff for the grand opening of the Capistrano Valley Mobile Estates, December 13th, from 4:00 to 6:00 P.M. (b) Reported Item #29 on the Board of Supervisors is awarding a contract to Taymech Corp. for repair of Well No. 5 (Waterworks District No. 4). Mayor stated he would like to have someone from the staff be present. Also made mention of the fact that he feels the taxpayers of San Juan Capistrano are being unduly subjected to something not needed. (c) Read letter from Executive Officer, Local Agency Formation Commission, regarding detachment of Villa San Juan Mobilehome Park from the Capistrano Beach Sanitary District. In essence, those property owners under double taxation should be relieved of this burden who are in the Capistrano Sanitary District and also within the city limits of San Juan Capistrano. It was pointed out at this time that the Capistrano Sanitary District has made it known that it has objections to deannexation of the areas involved. 202 Suggested City Council consider initiating proceeding to make the detachment all inclusive of those properties in the Capistrano Sanitary District that are within the City. The matter was taken under submission for further consideration. (d) Read letter directed to the Local Agency Formation Commission by Mr. H. G. Osborne, Engineer for the Orange County Waterworks District No. 4. Discussion followed: Mr. James Okazaki addressed the Council and stated that all information will be into the Local Agency Formation Commission by January 18th. The basic problem is the area outside the city limits but within the water district. A meeting was held with representatives of the Dana Knolls area - their suggestion being that an Advisory Water Committee be formed. Mr. Okazaki read a proposed resolution stating in part that 8OL of the assessable land of the Orange County Waterworks District No. 4 lies within the city limits of San Juan Capistrano. Also, upon the establishment of Orange County Waterworks District No. 4 as a subsidiary district of San Juan Capistrano, there would be created an advisory commission consisting of five (5) members. Councilman Bathgate offered Resolution No. 69-12-8-1 of intention of establishing an advisory committee upon the establishment of Orange County Waterworks District No. 4 as a subsidiary district of the City of San Juan Capistrano. A certified copy of the resolution is to be forwarded to the Local Agency Formation Commission. (e) League of California Cities new committee appointments - Councilman Durnford motioned to have Mr. Ernest A. Thompson accept the appointment to serve on the Environmental Committee, seconded by Councilman Bathgate, carried 4 to 0. (f) Local Agency Formation Commission - discussion on boundary configuration. If Dana Point and Capistrano Beach are incorporated, it was suggested that L.A.F.C, be advised that the Honsberger property is under consideration for annexation to the City of San Juan Capistrano. Staff was directed to contact the property owners who would be involved in eliminating county islands and get reaction as to which way they would like to go. City Attorney - John H. Dawson (a) Reported letter had been written to the Mobilehome Study Committee clarifying the Council's position in reply to Dr. Shainman's letter. /1 -$-(PI 203 (b) Gave legal opinion in regard to the Airport and stated it may be expanded under a land use permit. Director of Public Works - T. J. Meadows (a) Draft discussed on the Joint Powers Agreement creating the South East Regional Reclamation Authority. Legal opinion by the City Attorney referred to a withdrawal clause. Mr. Don Martinson of Lowry Engineering addressed the Council and stated the main point is to get it started. Brought up the issue of whether the agency should try and get along without the facility or whether to be absorbed by other agencies. Comments to be brought up at next meeting. No action taken at this time. City Attorney, John Dawson, will confer with Fritz Stradling and T. J. Meadows. (b) Discussion of the co-op agreement between the Orange County Flood Control District, the State Division of Highways and the City of San Juan Capistrano brought out the point that it states what the district agrees to do, but there is no mention of actual construction. Also, one engineering firm will be retained by the Flood Control District. (c) Letter from H. L. Gutsch & Associates questioning the justification of paying more than $100.00 per lot sewer connection fee. Mr. Gutech was recognized by the Council, explaining his viewpoint. Councilman Forster stated there was no discrimination being used, however, the difference was in one being an adult park as compared to a family park. Legal opinion indicated it was unreasonable for the City of San Juan Capistrano to impose the charging of back taxes. City Engineer stated, since the subject property is in the Capistrano Sewer District, they have been paying taxes on sewer service and facilities all along. Conclusion was to research before determination is made by Council. The total, by each year of the G 0 Bonds, will be ascer- tained before the issue is brought to Council again. The Mayor told Mr. Gutech that he would be happy to call a study session when these answers are available to go over this issue. He also stated we should use the $225 fee for connection if at all possible. (d) Recommended Bob Band be employed at permanent status and grant a merit increase from $516 to $545. Councilman Durnford motioned to accept the recommendation of the Director of Public Works, seconded by Councilman Forster, carried 4 to 0. (e) Has filed with the California Division of Highways for disaster funds. 204 City Engineer - Jack Kubota (a) Reported on subdivision activities - Tract 6969 - construction of sanitary sewer system started, improvements completed on sidewalks and driveway. (b) Approved improvement plans L.U.P. 69-104. (c) Met with state representative of highways re: engineering design for Route 1, (Coastal Freeway, north of Camino los Ramblas Interchange), showed Council drawing. (d) Summary report - deadline for filing is December 31, will go ahead and prepare application for Del Obispo Street as an A.H.F.P, project. (e) Proceeding with monumentation of Public Works Yard Facility. PUBLIC HEARING RZ 69-101 (Smith) - to permit the rezoning of some 38.33 more or less acres of property from E-3 "Small Estates" District to E-4 "Hillside Estates" District. Public Hearing opened. Mr. Jack Hall addressed the Council and gave reasons how the rezoning would be an asset. The following members of the audience were re- cognized by the Council and spoke in favor of the rezoning: Mr. Shrewsbury, Sheridan Bishop, Mr. Cook and Mr. Williams. Mr. Josh Gammel opposed the rezoning and presented a petition to the Council showing 72% of the property owners involved (44 signatures) also opposed the rezoning. Public Hearing closed. Councilman Forster stated he has heard valid reasons for the rezoning but none against it other than signatures. Discussion followed with Mr. Cook making comment on Mr. Klusmann's letter. Mr. Regan also addressed the Council in regard to improvements. The Mayor, as well as each Councilman states their viewpoints in favor of the rezoning. a _& Councilman Durnford offered Resolution No. 69-12-8-2 to change the zoning _ from E-3 to E-4. Roll call was taken: AYES: Councilmen Durnford, Bathgate, Forster and Chermak. NOES: None. ABSENT: Councilman Olivares. Carried 4 to 0. WRITTEN COMMUNICATIONS (a) Orange County Division League of Cities Meeting - December 10, staff to be notified if any of the council wish to attend so reservation can be called in. (b) Letter from the San Diego Gas & Electric Company showing allocation of $6,590.00 for conversion projects within the City of San Juan Capistrano. 20� (c) Letter received from Mr. H. G. Osborne relating to setting up a definite date to meet with the Soil Conversation District and the Council to discuss the San Juan Watershed basin - the issue being flooding and water supplies. Time was set by the Council for Monday, December 15, 3:00 P.M. in the Council Chambers. ORAL COMMUNICATIONS Mr. Richard Booth came before the Council to clarify his position in regard to the request by the county that he file a Land Use Permit. Since the property has been sold and is in escrow, his position is such that he is uncertain as to what the new owners have planned for the property and whether he will be allowed to continue having the stables on the premises. Discussion centered on the electrical hook ups on the two mobilehomes located on the property. A 30 day extention grace period was granted. Councilman Forster moved to have a land use permit filed in 30 days and to have it referred to the Planning Commission, seconded by Councilman Durnford, carried 4 to 0. PLANNING COMMISSION MINUTES (a) L.U.P. 69-118 (McCall) - Mayor stated that this issue had been sent to the Planning Commission for determination - directed the City Administrator to refer back to the Planning Commission as to the compatibility of useage and a decision to be made by a full attendance of the Commission. (b) Memo from the City Planner re: violation of Ordinance No. 115 (Vanson's Trailer Mfg.). Violation of the parking area was not corrected with a "Cease and Desist" notice, situation compounded by erecting a steel hoist over most of the parking spaces (colored pictures of this violation were provided to the Council). City Attorney to meet with Vanson's attorney Wednesday, December 10, at City Hall to go over this issue. Legal opinion stated criminal proceedings could be processed. Councilman Forster related that since the streets have been dedicated, cannot see how we can prosecute. Lengthy discussion followed. City Attorney resolved to bring issue of parking as well as structure up when he meets with Vanson's attorney UNFINISHED BUSINESS (a) Letter from the Capistrano Lions Club re: Romoff Ranch House, city park site, withdrawing any interest to enter into a lease, but offered assistance and participation in development and improvements. (b) Purchase of athletic field from the Capistrano Unified School District brought discussion of proposal to offer the school district 10% above the average of the two appraisals. Viewpoint of Councilman Bathgate /z -t- el f 206 was to acquire over a period of time - subject to our ability to obtain adequate financing. NEW BUSINESS Letter of request from the Communications Department re: expansion of lease to provide radio facilities to Waterworks District No. 4. Lease of mobile units explained by the City Administrator. No objections by the Council for the extended service. The meeting adjourned at 10:03 P.M. Respec fully submitted, E eat A. Thompson City Administrator City Clerk ti -rf-`I