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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 MAR 111970 249 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 MAR 111970 •? �0 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. MAR 111970 251 Minutes of the Meeting of March 11, 1970 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