68-0722_CC_Minutes_Regular MeetingMinutes of the Meeting of the City Council of San Juan Capistrano
JULY 22, 1968
The regular meeting of the City Council was called to order at
7:00 PM by Mayor Edward S. Chermak.
The pledge of allegiance was recited. Invocation was given by
City Attorney, John H. Dawson.
The City Clerk called the roll. Councilmen present; William A.
Bathgate, Don Durnford, Thomas A. (Tony) Forster, Antonio M. (Tony)
Olivares and Edward S. Chermak.
The minutes of the regular meeting of July 15, 1968 were approved
as presented.
WRITTEN COMMUNICATIONS
(a) Notice, Orange County Division, League of California Cities,
Executive Meeting for July 1968. Mayor Chermak and Councilman
Bathgate to attend.
(b) Marine Outfall Inspection Report submitted by Orca Diving Service
discussed. Director of Public Works to gather more information
from Dana Point Sanitary District for report at the next regular
meeting.
(c) Street Lighting Contract presented by San Diego Gas & Electric
Company for execution by City. City Attorney stated contract
satisfactory in all respects. Councilman Forster then moved that
the Mayor and City Clerk be authorized to execute contract. Motion
seconded by Councilman Durnford and carried by unanimous vote.
(d) Petition from property owners setting forth their opposition to
the Scalzo Land Use Variance.
TREASURY DEMANDS
Item carried over to Public Hearing.
The list of accounts payable July 31, 1968 was presented by Director
of Finance. Councilman Bathgate, seconded by Councilman Forster, moved
that Warrant Nos. 3397 through 3465, inclusive, for a total of $54,857.98
be paid. Carried unanimously.
PUBLIC HEARING
Mayor Chermak announced that the hour had arrived for the continu-
ing of public hearing on the Appeal to LUP 68-102, proposed mobilehome
park. He inquired if there were any written communications in favor of
LUP 68-102. City Clerk answered in the negative. He then asked if
anyone wished to speak in favor of LUP 68-102. Mr. Martin Scalzo, owner
7- 7-1-4 if
of the property in question, introduced Mr. Henry Hastings of Walters &
Son, designers of the mobilehome park, as his agent. Mr. Hastings ex-
pressed appreciation to Council for their consideration and, after a
brief dissertation, introduced Mr. Whitegaven, President. A color
motion picture film was shown depicting the joys of mobilehome living.
Mr. Whitegaven then made presentations of the following: (1) Population
forecast of the Capistrano Valley, information supplied by Orange County
Planning Department; (2) Overlay of General Plan - Land Use Element;
(3) Superimposed study of area in question; (4) Rough sketch of proposed
zoning of an R-1 subdivision in area. He questioned as to whether or
not the General Plan for the area was adequate and felt a further study
should be made.
Mayor Chermak asked if anyone else wished to speak in favor of
the proposed use. No one appeared.
The Mayor called for opposition comment.
Mr. Don McCartin, on behalf of many property owners, took the
floor opposing the proposal. Mr. Ron Birtcher suggested the Planning
Commission make a study of the overall planning in hillside areas.
Mayor Chermak, stating that in view of what has transpired, re-
commended to deny the appeal for land use until ample time is given
to review soning of the Land Use Element.
At the suggestion of City`Attorney, public hearing closed and
lengthy discussion ensued.
Mayor Chermak initiated a motion that the Appeal to Land Use
Permit 68-102 be denied, without prejudice, and the decision of the
Planning Commission be upheld. Motion seconded by Councilman Bathgate.
Councilman Durnford, contending the matter should be continued, voted
against the denial. Motion on the floor carried by 4 to 1 roll call
vote.
FIVE MINUTE RECESS DECLARED
PLANNING COMMISSION MATTERS
The minutes of the meeting of July 16, 1968 were presented for
Council perusal. Discussion followed regarding the possibility of
enlarging the Architectural Control District to encompass the area
either side of Camino Capistrano southerly of Del Obispo Street to the
San .Juan Creek.
UNFINISHED BUSINESS
(a) Correspondence received from Kolco Construction Company regarding
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"in lieu fees or land dedication" and also requesting waiver of
Condition #5 and contractional agreement with the City be sub-
stituted for Condition #11 (DL 68-103). Mr. Koll took the floor
stating he would like to see 2.54 acres retained as a park site
due to beautiful trees and terrain in the area. Councilman
Durnford, seconded by Mayor Chermak, moved that the staff con-
sult with Mr. Koll and his appraisers on the value of the 1.2703
acres (1.2697 acres that the City would be obligated to buy to
keep the area intact), and if staff so recommends, go ahead with
the acquisition of the property. Motion carried unanimously.
(b) Orange County Safety Council request for consideration of parti-
cipating in membership. Mayor Chermak was of the opinion that
the City is not yet ready to participate in the program and that
the matter be deferred for at least one year. Staff to so inform
the Safety Council.
(c) City Attorney rendered second reading in full of proposed Ordin-
ance No. 137 pertaining to construction, encroachment permits and
fee schedule in connection with Public Works Program. Councilman
Durnford offered Ordinance No. 137 for adoption. Passed, approved
and adopted by unanimous vote. Director of Public Works, I. J.
Meadows, then recommended that Council establish an inspection
fee in the amount of 3% of the construction cost. Councilman
Bathgate offered Resolution No. 68-7-22-1 adopting inspection fee
at 3% of construction costs. Passed, approved and adopted by
unanimous vote.
NEW BUSINESS
(a) Request from Rotary Club of San Juan Capistrano for waiver on
residential addition in R2H Zoning. Mr. Jay Latham appeared on
behalf of the Boy Scouts of America, sponsored by Rotary Club,
explaining need for 16, x 14' attachment to present building to
be used primarily for storage purposes, said attachment to be of
similar construction and architectural design and conforming to
all setback requirements. Further, this request is based upon
policy jurisdiction taken by the City Council at the time of a
previous alteration and improvement. Councilman Durnford, seconded
by Mayor Chermak, moved that the request be granted. Motion carried
by 3 - 0 vote, Councilmen Bathgate and Forster abstaining due to
a possible conflict of interest.
7-z I.-68
(b) Request from Kolco Construction Company for waivers of conditions
set forth as contingencies for approval of Division of Land 68-103.
matter was referred to staff for processing.
(c) Wed Abatement Program - Councilman Forster offered Resolution No.
7-22-2, conforming to the appropriate sections of the Govern -
Code relating to weed abatement and setting forth the list
of property owners liable for assessment. Passed, approved and
adopted by unanimous vote.
(d) lRequest from Atlantic -Richfield for temporary release for utili-
ties for a period of 45 days (LUP 67-102, Condition No. 3).
Durnford, seconded by Councilman Olivares, moved that
request be granted subject to receipt within 30 days of a
itten progress report. Motion carried by unanimous vote.
ADJOJRNMENT
The meeting adjourned at 10:12 PM.
30/1 '`
'r
st Thompson
City Clerk-Administra or
These. are the official proceedings of the City Council of San Juan
Capi;.trano at their regular meeting of July 22, 1968
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