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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 483 "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 7-21--6 8