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70-0323_CC_Minutes_Regular MeetingMARCH 23, 1970 REGULAR MEETING -CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO The City Council of the City of San Juan Capistrano, California, met for a regular meeting on Monday, March 23, 1970, at 7:00 P.M. in the Council Chambers of the City Hall, with Mayor Edward S. Chermak, presiding. COUNCILMEN PRESENT: Bathgate, Durnford, Olivares and Chermak. COUNCILMEN ABSENT: Thomas A. Forster The meeting opened with the pledge of allegiance. Invocation was given by the City Administrator, Ernest A. Thompson. CORRECTION TO MINUTES: Under Staff Reports, Director of Public Works, Item (e) - change second sentence to read, Property owners agreed to take sewer connection credits in lieu of cash. Item (g) - change first sentence to read - Requested sewer fee for reimbursement for oversizing be set at $75 per acre. The above changes were for the March 9 meeting. The following change was requested for the March 11 set of minutes - Under Public Hearing, change second sentence to read, Mrs. Ross requested her property be deleted from the weed abatement program. The minutes were then approved as corrected. Councilman Forster arrived at 7::07 P.M. STAFF REPORTS City Administrator - Ernest A. Thompson (a) Presented resolution by the Board of Supervisors re: establishment of the Orange County Waterworks District No.4 as a subsidiary district of the City of San Juan Capistrano. (b) Reported two items are on the agenda of the Board of Supervisors this week re: City business - the Del Obispo project and the drainage study -► of Lowry Engineering. (c) Gave presentation showing acreage involved with reference to the detachment from the Capistrano Beach Sanitary District - stated there had been an approximate 60% return response from letters sent polling 104 residents of detachment from the Capistrano Sanitary District. Also, made recommendation to have a refund on their bond redemption. City Attorney was requested to look into and report back to the Council as an item on the agenda of the next regular meeting. Staff was directed to write a,letter to the property owners MAR 2 31970 253 Minutes of the Meeting of March 23, 1970 and report back to the Council. (d) Reported he had received a copy of Application No. 51744 from the Public Utilities Commission re: Pacific Telephone's request for increase in certain intrastate rates and changes. City Attorney - John H. Dawson (a) Reported letters had been sent to Vanson Boat Trailers and Coast Catamaran Corp., re: violation of land use. A court hearing has been set for May 1 on Vanson Boat Trailer and arraignment has been set for April 10 on Coast Catamaran. (b) Reported to the Council that five easement grant deeds have been turned over to the staff along with two right of way agreements. (c) Will have information by the next meeting on the item of Parks and Recreation Commission. (d) Was questioned at this time by Councilman Forster about the Oyharzabal easement. City Attorney replied as of this date, he has not heard from their attorney, however, will pursue this matter further. (e) Stated he had the conditions for Ordinance No. 159 in letter form from the City Planner, however, he felt the Planning Commission should review them before he draws up the ordinance. Finance Director - Paul P. Lew Submitted list of demands for the month of March. Councilman Bathgate made a motion to authorize for payment Warrant numbers 4953 through 5022, in the total amount of $27,597.95, seconded by Councilman Durnford, carried unanimously. Director of Public Works - T. J. Meadows ,,,9.?-/ (a) Made mention of the action taken by the Board of Supervisors, March 18, re: the Orange County Waterworks District No. 4. Introduced Mr. James Okazaki, special counsel for the Orange County Waterworks District No.4, who stated there had been no opposition to the proposal and that the Board of Supervisors approved by unanimous vote. The certificate of completion was re- corded and he and Mr. Meadows and Councilman Bathgate flew to Sacramento and the Secretary of State signed the document March 20, 1970. Made recommendation for appointing a clerk, establishing meeting dates and having the official records transmitted to the official board. Pointed out the fact that there are some important issues pending now for decision by the new board, so an MAR 2 3 1970 256 WRITTEN COMMUNICATIONS (a) League of Cities meeting was announced for Thursday, April 9 - any of the Council wishing to attend are to contact the staff for reservations. (b) Letter from "Goo -Two" re: oil drilling in San Pedro Bay and its relation to southern coastal communities, The City Administrator gave explana- tion of its immediate concern and the organizations attempt to raise $50,000 for a lobbyist in Washington to curtail this offshore drilling. No action taken by the Council re: this matter - informational. PLANNING COMMISSION MATTERS - Planning Commission Minutes of March 17, 1970, UNFINISHED BUSINESS: Councilman Bathgate moved to have the City Attorney read by title only, Ordinance No. 158, seconded by Councilman Forster. Councilman Durnford offered Ordinance No. 158 - an ordinance establishing regulations for mobile x-ray units be adopted, carried unanimously. NEW BUSINESS Request for waiver of improvements imposed under D.L. 70-101 (Dan Woodward). City Planner gave clarification and presentation to the Council and stated a division of land had occurred while the property in question was in escrow, and also both property owners are responsible for improvements. Mr. Woodward clarified the property lines and the 9 feet of property involved which constitutes allegation of a division of land. Mayor at this time made suggestion that Realtors be put on notice that there be no division of land in escrow, otherwise, there would be the possibility of losing their license. He suggested action be initiated to notify the Board of Realtors. Lengthy discussion followed. The City Engineer then read an exception to the Ordinance which could apply in this case. He then demonstrated on the blackboard the lots in question, the applicant's situation and how it applied to the exception under the ordinance. Councilman Forster moved to waive the undergrounding of utilities on Don Juan Street and have the applicant agree to pay for improvements on El Horno at such time as improvements are required, seconded by Councilman Bathgate, carried unanimously. ADJOURNMENT The meeting adjourned at 10:01 P.M. Respectfully submitted, Zest A. Thompson J City Clerk MAR 2 3137©