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73-1210_CC_Minutes_Regular MeetingDECEMBER 10, 1973 REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO The regular meeting of the City Council was called to order by Mayor Byrnes at 7:00 p.m. The Pled¢- of All^mi.-nce 7,ao -=4t^d. 1—ccation was ai: r b; Councilman Thorpe. 35 ROLL CALL: Councilmen present: Roy L. Byrnes, Edward S. Chermak, Josh Gammell, James F. Thorpe, James K. Weathers Staff present: Madsen, Murphy, Nelson, Okazaki, O'Sullivan, Smith, Weidner APPROVAL OF MINUTES OF NOVEMBER 26, 1973. There being no objections, the foregoing minutes were approved as written. Moved by Councilman Chermak, seconded by Councilman Thorpe and unanimously carried, to have all ordinances and resolutions for this meeting read by title only. PUBLIC HEARINGS - NONE BIDS, CONTRACTS, AGREEMENTS 1. ACCESS RIGHTS AND SLOPE EASEMENT LUP 72-121 (ALIPAZ RECREATION VECHILE PARK). It was moved by Councilman Gammell, seconded by Councilman Thorpe and unanimously carried to accept the access rights and slope easements for Del Obispo Street and authorize the City Clerk to certify acceptance. ORDINANCES, RESOLUTIONS 1. FIRST READING OF PROPOSED ORDINANCE RE: PARKS AND RECREATION COMMISSION - ORDINANCE NO. 252. It was moved by Councilman Gammell, seconded by Councilman Thorpe and unanimously carried to adopt Ordinance No. 252 - amending portions of Ordinance No. 197 relating to the appointment of members to the Parks and Recreation Commission. Attorney Okazaki read the foregoing ordinance by title only. 2. FIRST READING OF PROPOSED ORDINANCE RE: RZ 73-115-T - PARKING - ORDINANCE NO. 253. It was moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried to adopt Ordinance No. 253 - amending Ordinance Nos. 115 and 231 relating to parking requirements. Attorney Oakzaki read the foregoing ordinance by title only. 3. FIRST READING OF ORDINANCE ESTABLISHING THE DEPOSITORY FOR THE GENERAL FUND FOR THE CITY - ORDINANCE NO. 254. It was moved by Councilman Gammell, seconded by Councilman Thorpe, and unanimously carried to adopt Ordinance No. 254 - establishing the depository for the General Fund for the City. Attorney Okazaki read the foregoing ordinance by title only. 4. RESOLUTION AUTHORIZING PUBLIC WORKS BUDGET CHANGES - RESOLUTION NO. 73-12-10-1. It was moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried to adopt, by resolution, the revisions to the 1973-1974 budget. Attorney Okazaki read the foregoing resolution by title only. DECI 0 1973 Page Two C/ C 12/10/73 5. RESOLUTION REQUESTING COUNTY AHFP FUNDS FOR VALLE ROAD IMPROVEMENT DISTRICT - RESOLUTION NO. 73-12-10-2. It was moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried to-P,--c.c the resolution ar" authorize the Mayor and the City Clerk to sign for the City and direct the City Engineer to insert the cost estimate $463,000.00, and authorize the City Engineer to increase or decrease the original estimate of cost by ten per cent (10%). Attorney Okazaki read the foregoing resolution by title only. 6. RESOLUTION REQUESTING COUNTY AHFP FUNDS FOR WIDENING OF CAMINO CAPISTRANO BRIDGE OVER SAN JUAN CREEK - RESOLUTION NO. 73-12-10-3. It was moved by Councilman Weathers, seconded by Councilman Chermak and unanimously carried to approve of the resolution and authorize the Mayor and the City Clerk to sign for the City, and direct the Director of Public Works to transmit the resolution to the Orange County Road Department. Attorney Okazaki read the foregoing resolution by title only. 7. SECOND READING OF ORDINANCE NO. 249 - ORDINANCE AMENDING THE "PRECISE ZONING MAP". It was moved by Councilman Weathers, seconded by Councilman Gammell and carried by a vote of four to one to adopt Ordinance No. 249 - amending the "Precise Zoning Map" as adopted y�dinance No. =, Section 3.01.3 to be designated as RZ 73-118 Amendment No. 31. Councilmen Chermak, Gaminell, Thorpe and Weathers voting aye, Mayor Byrnes voting noe. Attorney Okazaki read the foregoing ordinance by title only. 8. SECOND READING OF ORDINANCE NO. 250 - TRESPASSING. It was moved by Councilman Weathers, seconded by Councilman "Gammell and unanimously carried to adopt Ordinance No. 250 - declaring it to be a misdemeanor to enter upon the lan—d---oY another without permission therefor. Attorney Okazaki read the foregoing ordinance by title only. SUBDIVISIONS, ANNEXATIONS - NONE COMMUNICATIONS - (WRITTEN) 1. LETTER FROM SAN JUAN BEAUTIFUL RE: LITTER. A letter from San Juan Beautiful outlined some of the general complaints on litter and debris within the City business district. It was moved by Councilman Thorpe, seconded by Councilman Chermak and unanimously carried to re -instate regular street sweeping service in the central business district. COMMUNICATIONS - (ORAL) - NONE PLANNING COMMISSION MATTERS 1. REPORT ON RECENT COMMISSION ACTIONS. Clarification was made by the Director of Planning with regard to a rejected appeal for a negative declaration pertaining to Rezone 73-111 which requests E-3 zoning north of Ortega Highway near the easterly city limits. No further comments were made. The items contained in the report are informational only, no action is necessary. DEC 10W3 page Three C' C 12/10/73 ADMINISTRATIVE 1. REPORT OF CITY TREASURER - CASH BALANCES, OCT. 31, AND NOV. 301 1973. No comment, no action necessary. 2. REPORT OF CITY TREASURER - INVESTMENTS, OCT. 31, AND NOV. 30, 1973. No comment, no action necessary. Mh 3. REPORT OF DIRECTOR OF FINANCE - FUND BALANCES, OCT. 31, 1973. No comment, no action necessary. 4. REPORT OF REVENUE AND EXPENDITURES AS OF OCT. 31, AND NOV. 30, 1973. Council questioned the need to have these reports distributed with the agenda packets. The Director of Finance stated that the reports could be made available in his office for Council to refer to as they wished. 5. MISSION FLATS DRAINAGE REPORT - EL HORNO/ACJACHEMA. Following discussion, it was moved by Councilman Thorpe, seconded by Councilman Weathers and unanimously carried to direct city crews to do some minor grading at the end of Don Juan Avenue; to direct the City Engineer to prepare plans for a curbed cul-de-sac and drainage channel at the end of Don Juan Avenue; and to report at a future date on the funding. 6. REPORT ON CAPISTRANO MOBILEHOME PAGEANT OPERATION. Staff reported it had attempted to contact principals of the Capistrano Mobilehome Pageant to discuss various aspects of their operation which have caused Council concern. There has been no response to letters or phone calls. It was moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried to refer Capistrano Mobilehome Pageant's Land Use Permit to Planning Commission for review and possible rescission, and to direct an ordinance establishing additional controls on mobilehome display units. Mr. Gene Butterfield, president of Capistrano Mobilehome Pageant expressed concern about the cost of complying with Council's request, but stated that he would work with Council to remedy the existing situation. 7. TREASURER'S REPORT ON 1911 ACT. No comment, no action necessary. PARKS & RECREATION MATTERS - NONE CONSENT CALENDAR MATTERS -'NONE COMMITTEE REPORTS 1. REPORT OF SCHOOL SITE STUDY COMMITTEE (ORAL). (POSSIBLE ACi'ION ON RESOLUTION NO. 73-11-13-1 P/C - REGARDING YEAR ROUND SCHOOL CALENDAR) City Manager stated there is to be a meeting, December 19, 1973, with the developers, school district and council committee. There is the possibility of a formal agreement between the developers and the school district. Regarding Resolution No. 73-11-13-1 P/C - Year Round School - the committee does not believe this issue should be brought up at this time. DEC 101973 No further comments were made. 7i( Page Four VV C/C 12/10/73 STAFF REPORTS 1. CITY ENGINEER No comments, no action necessary. 2. DIRECTOR OF FINANCE No comments, no action necessary. 3. DIRECTOR OF PLANNING No comments, no action necessary. 4. DIRECTOR OF PUBLIC WORKS No comments, no action necessary. WARRANTS 1. APPROVAL OF WARRANTS FOR PERIOD ENDING DECEMBER 10, 1973. It was moved by Councilman Chermak, seconded by Councilman Thorpe,and unanimously carried to approve Warrants 2664 through 2715, and 0019 through 0121, for a total of $128,930.61. COUNCIL COMMENTS 1. PROPOSED LETTER TO STATE LEGISLATURE ON SB 629 - JOINT FINANCE POWER. It was moved by Councilman Chermak, seconded by Councilman Thorpe and carried unanimously to authorize the Mayor to send a letter opposing joint finance power to Senator Carpenter and Assemblyman Badham. 2. Councilman Chermak expressed a desire to send a Commemorative Plaque to the Mayor of San Juan, Puerto Rico. It was moved by Councilman Thorpe, seconded by Councilman Weathers and unanimously carried to send a Commemorative Plaque to the Mayor of San Juan, Puerto Rico, Carlos Romero Barcleo, for the hospitality extended during the Congress of Cities. 3. Councilman Weathers moved, seconded by Councilman Chermak and unanimously carried to purchase a small Sony tape recorder and allow up to $15 for accessories. 4. Councilman Thorpe suggested two meetings a month rather than three. Also suggested putting this question on the agenda for further discussion. 5. Councilman Thorpe also suggested a resolution requesting businesses within the city restrict lighting to business hours only. 6. Councilman Thorpe further suggested that the Council approach the question of whether the City of San Juan Capistrano shall establish a Police Department on the next ballot. There being no further comments, the meeting adjourned at 8:15 p.m. to a meeting, December 17, 1973, at 7:00 p.m. ATTEST: C-ity Clerk oy L, usyrn s, m. u., mayor o City of Sa4 Juan Capistrano DEC101973