70-0311_CC_Minutes_Adjourned Regular Meeting�8
MARCH 11, 1970
ADJOURNED MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The City Council of the City of San Juan Capistrano, California, met for
an adjourned regular meeting on Wednesday, March 11, 1970 at 7:04 P.M. in the
Council Chambers of theCity Hall, with Mayor Edward S. Chermak presiding.
COUNCILMEN PRESENT: Bathgate, Durnford, Forster, Olivares and
Chermak.
COUNCILMEN ABSENT: None
The meeting opened with the pledge of allegiance. Prayor of invocation
was given by the City Attorney, John H. Dawson.
PUBLIC HEARING - WEED ABATEMENT
The Public Hearing opened on weed abatement. There were no written objec-
tions. There were no protests - Public Hearing was closed.
Councilman Bathgate offered Resolution No. 70-3-11-1, A resolution finding
and determining that no objections were made to the proposed removal of weeds,
rubbish, refuse and dirt upon or growing upon any parcel or parcels of real
property or any public street in the City of San Juan Capistrano and ordering
weeds, rubbish, refuse and dirt upon or gorwing upon said public streets
and charge the cost of such property to the lots or parcels celaned and to the
property adjacent to the streets or alleys cleaned. Roll call was taken. AYES:
Councilmen Bathgate, Durnford, Forster, Olivares and Chermak. NOES: None.
Councilman Forster offered Resolution No. 70-3-11-2. A resolution declaring
the necessity pursuant to government code Section 3957.5 to contract for the
removal of all weeds gorwing upon any parcel or parcels of real property and
any public streets within the City of San Juan Capistrano, calling for bids
thereon, and authorizing publication of notice therefor. Roll call was taken.
AYES: Councilmen Forster, Bathgate, Durnford, Forster and Chermak. NOES:
None. So ordered.
3-//-3 WRITTEN COMMUNICATIONS
(a) Mayor made announcement for anyone of the Council wishing to attend
the Orange County League of Cities Meeting to notify staff for reservations.
(b) Resolution from the City -of Newport Beach re: Senate Bill S-3093
which would establish a marine sanctuary and prohibit the federal government
from drilling for offshore oil was discussed by the Council members. Councilman
Durnford offered Resolution No. 70-3-114 - a resolution expressing support for
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Minutes of the Meeting of March 11, 1970
S-3093, "The California Marine Sanctuary Act of 1969". Roll call was taken -
AYES: Councilmen Durnford, Bathgate, Forster, Olivares and Chermak. So
ordered.
(c) Letter from Diehl, Evan and Company re: finance department organiza-
tion - deferred until budget time, no action taken at this time.
(d) Letter from Mr. Wendell McCracken with reference to land use and condi-
tional use as they may apply to Mobilehome Parks. The City Attorney went into
detail comparing other cities and hardship cases as well as submitting the
written reply to the Council in response to Mr. McCracken's letter. The Mayor
made suttestion that the letters be filed with the Mobilehome Park Study Report.
Councilman Forster made the statement that he would like to see this brought up
at the next meeting of the Council - Council agreed.
(e) Letter from the American Legion Post No. 721 requesting exclusive
franchise for the selling of fireworks between 12:00 noon, June 26 through
12:00 noon July 4, 1970. Councilman Durnford moved to grant the request, subject
to the previous restrictions imposed by the City in past years, seconded by
Councilman Forster, carried unanimously. So ordered.
PLANNING COMMISSION MATTERS
(a) The Council set the second Public Hearing on RZ 70-102 (Westport
Enterprises, Inc.) for Monday, April 13, 1970 at 7:00 P.M.
(b) City Planner, Robert Johns, clarified the effective date of granting
permit for L.U.P. 70-102 (Brown) and L.U.P. 70-103 (Sirport). Councilman
Forster raised the question to have the Council be able to review and also have
the right to cancel the request for the use.
(c) Item & (d) in the Planning Commission Minutes pointed out showing
resolution of approval of tentative Tract Map 7112 (rev.) - Smith.
(d) Land use determination by the Planning Commission prohibited racing
pigeons in the Capistrano Hacienda area as being non-capatible to that zoning.
(e) Land use determination as to compatible usage in M-1 District for
those lots adjacent to an Airport for aircraft maintenance, service hangers and
aircraft parking, reported in the minutes and approved by the Planning Commissioners.
ANNOUNCEMENT
The Mayor made the announcement that every fifth Monday in a month will be
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set up for a Study Session of the City Council and the Planning Commission.
Councilman Forster commented at this time that he is happy to see this brought
about after his request of fifteen months ago to have the Council and Commission
get together. He also requested to have the Secretary of the Planning Commission,
Robert Johns, have a tentative agenda to go by, as well as having the City
Administrator and City Engineer present at these meetings.
COUNCIL REPORTS
Councilman Bathgate
Councilman Bathgate questioned if there are any problems with our outfall.
The Director of Public Works clarified that periodic inspections are set up in
the terms of the agreement with the Dana Point Sanitary District.
Councilman Durnford
(a) Posed question that since the signals had been budgeted for - why hadn't
they been installed as yet? Council entered into discussion re: what corners
would take priority - also, pedestrian count should be considered. It was pointed
out that the Council has not authorized the Department of Public Works to start
the installation. Also, question of acquiring an easement from theCatholic
Church for the corner is needed before the signal can be installed. The Council
requested to have the Director of Public Works, the City Engineer and the City
Administrator check into and report back to the Council.
(b) Reported no stop signs at E1 Horno and La Calera, yet "Stop" is
written on the street. Director of Public Works clarified.
(c) Made mention of patchwork needed for holes on Del Obispo Road. Council-
man Bathgate at this time reported that some work also needs to be done on the
temporary crossing of the Trabuco.
Councilman Forster
(a) Questioned the City Attorney on the sign by the freeway and the status
of the contempt proceedings. City Attorney stated he will have to serve the
attorney in San Diego and that when contempt proceedings are delivered, the sign
will come down.
(b) City Attorney directed to write a rough draft re: Parks and Recreation
for the City.
(c) Made inquiry if the River Oaks Training Stable had filed for a land
use permit - would like report by next meeting.
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3 _,�_ 4 Mayor Chermak
Offered Resolution No. 70-3-11-4 to appoint the Director of Public Works,
T. J. Meadows, and the City Engineer, Jack Kubota to serve as committeemen at the
at the meetings (daytime meetings) of the Serra agreement. Roll call was taken -
AYES: Councilmen Chermak, Bathgate, Durnford, Forster and Olivares. NOES:
None. So ordered.
A recess was called at this time by the Mayor
INVITATION BY THE FIESTA ASSOCIATION
Mr. Haden, representing the San Juan Capistrano Fiesta Association invited
the Council to be the Association's guests at a luncheon on Saturday, March 21
at the El Adobe restaurant before the Fiesta parade starts. Councilman Forster
moved to grant the request of the Fiesta Association for the City to sponsor a
$100 division trophy, seconded by Councilman Durnford, carried unanimously.
DISCUSSION ON PUBLIC HEARING RE: RZ 70-101
New letter was given to the Council from some of the Casas homeowners and was
read by the Mayor. Content of the letter was conditions to be set forth if the
rezoning was to be granted over their objections. The City Attorney stated
that under General Law, up to this time, that rezoning could not be conditioned.
However, the District Court of Appeals did a turn about on this by stating
zoning can be conditioned. Councilman Bathgate questioned if this could only
apply to what is being rezoned and not to present PD district. Answer to this
was that this would apply only to this rezoning, since this was called by a
Public Hearing. Councilman Durnford made a motion to have the City Attorney
read by title only, the proposed ordinance #159, seconded by Councilman Forster,
carried unanimously - an ordinance amending the "Precise Zoning Map" as adopted
by Ordinance No. 115, Section 3.01.3, to be subject to certain conditions and
designated "Amendment No. 22". The City Planner was directed to give the
conditions to the City Attorney.
TheCity Attorney read in full the Resolution No. 70-3-9-1 commending the
life and service of James B. Utt, accepted by the Council.
ADJOURNMENT: The meeting adjourned at 9:16 P.M.
letfully su itt d,*aya U
Acting Cit erk
MARI 11970