73-1217_CC_Minutes_Regular MeetingDECEMBER 17, 1973 39
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 PlcJ,,e u: Aliegiaucc waw iCui;ed. Iuvucation was givt:a by
the City Engineer, George Madsen.
ROLL CALL:
Staff present:
Councilmen present: Roy L. Byrnes, Edward S. Chermak,
Josh Gammell, James F. Thorpe,
James K. Weathers
Councilmen absent: None
Madsen, Murphy, Nelson, Okazaki, O'Sullivan, Smith,
Weidner
There being no objections, the minutes of December 3, 1973, were
approved as written.
The motion was made by Councilman Weathers, seconded by Councilman
Thorpe and carried unanimously to have all ordinances and resolutions
for this meeting read by title only.
PUBLIC HEARINGS - NONE
BIDS. CONTRACTS. AGREEMENTS
1. APPROVAL OF TIME EXTENSION FOR SULLY -MILLER - CAMINO
CAPISTRANO IMPROVEMENT DISTRICT.
It was moved by Councilman Gammell, seconded by Councilman
Weathers and carried unanimously to approve a time extension of 45
calendar days to Sully -Miller Company for Camino Capistrano Improvement
District 73-1.
2. AUTHORIZATION TO ENTER INTO AGREEMENT WITH BLUE CROSS
INSURANCE COMPANY FOR HEALTH INSURANCE.
It was moved by Councilman Weathers, seconded by Councilman
Gammell and carried unanimously to award insurance coverage to Blue
Cross/Phoenix Mutual, and to authorize the City ;Manager to enter into
an agreement to provide coverage between the City, Blue Cross and
Phoenix Mutual.
ORDINANCES. RESOLUTIONS
1. SECOND READING OF ORDINANCE NO. 252 - PARKS & RECREATION
COMMISSION.
It was moved by Councilman Thorpe, seconded by Councilman
Weathers and carried unanimously to adopt Ordinance No. 252 - amending
portions of Ordinance No. 198 relating to the appointment of members
to the Parks and Recreation Commission.
Attorney Okazaki read the foregoing ordinance by title only.
2. SECOND READING OF ORDINANCE NO. 253 - RZ 73-115-T - PARKING.
It was moved by Councilman Gammell, seconded by Councilman
Weathers and carried unanimously to adopt Ordinance No. 253 - an
ordinance amending Ordinance No. 115 and superseding Ordinance No. 242.
Attorney Okazaki read the foregoing ordinance by title only.
3. SECOND READING OF ORDINANCE NO. 254 - DEPOSITORY FOR THE
GENERAL FUNDS.
It was moved by Councilman Weathers, seconded by Councilman
Thorpe, and carried unanimously to adopt Ordinance No. 254 - establishing
the depository for the general and special funds for t e City of San
Juan Capistrano
Attorney Okazaki read the foregoing ordinance by title only.
DEC I ,71973
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4. RESOLUTION AMENDING CLASSIFICATION & SALARY PLAN
(TREATMENT PLANT PERSONNEL).
It way :cued by C uncilman C..e ::.uk, by Council;." --
Thorpe, and carried unanimously to adopt Resolution No. 73-12-17-1 -
amending Resolution No.72-1-19-1, the City's Classification and Salary
Plan.
A Public Hearing will be set for January 7, 1974.
Attorney Okazaki read the foregoing resolution by title only.
5. CONSIDERATION OF GRANTING CONSENT TO SADDLEBACK COMMUNITY
COLLEGE DISTRICT TO CONSOLIDATE THEIR SPECIAL ELECTION WITH
THE GENERAL MUNICIPAL ELECTION, MARCH 5, 1974.
It was moved by Councilman Weathers, seconded by Councilman
Chermak, and carried unanimously to permit the consolidation of electio._
of Board of Trustees of Saddleback Community College District with the
general municipal election.
6. RESOLUTION AMENDING RESOLUTION NO. 73-12-3-2, AND EXTENDING
POLLING HOURS FOR THE GENERAL MUNICIPAL ELECTION TO 8:00 P.M.
It was moved by Councilman Chermak, seconded by Councilman
Gammell and carried unanimously to adopt Resolution No. 73-12-17-2
amending Resolution No. 73-12-3-2, extending the polling hours foF the
general municipal election to 8:00 p.m.
Attorney Okazaki read the foregoing resolution by title only.
7. CONSIDERATION OF A RESOLUTION ORDERING SUBMISSION OF CERTAIN
SPECIAL BALLOT MEASURES TO THE VOTERS AT THE GENERAL MUNICI-
PAL ELECTION, MARCH 5, 1974 - MUNICIPAL POLICE DEPARTMENT,
SPECIAL PARKS TAX RATE.
A. It was moved by Councilman Thorpe, seconded by Councilman
Gammell and carried 4 to 1 to adopt Resolution No. 73-12-17-3 placing
the question "shall the City Council of the City of San Juan Capistrano
establish a municipal police department" as a ballot measure at the
general municipal election, March 5, 1974. Councilmen Chermak, Gammell,
Thorpe and Weathers voting aye, Mayor Byrnes voting noe.
Attorney Okazaki read the foregoing resolution by title only.
B. It was moved by Mayor Byrnes, seconded by Councilman Weathers
to adopt Resolution No. 73-12-17-4, placing the question "shall the
City Council of the City of San Juan Capistrano institute a parks tax
rate of up to $0.15 per $100 assessed valuation" as a ballot measure at
the general municipal election, March 5, 1974.
Discussion followed, in which Dennis Pacquin, past chairman of
the Parks and Recreation Commission, spoke regarding the parks tax
question.
After further discussion the motion was voted on and carried
4 to 1, Mayor Byrnes, and Councilmen Chermak, Thorpe and Weathers voting
aye, Councilman Gammell voting noe.
Clarification of the motion was then requested by staff. Council
man Thorpe then moved to clarify the motion to read "shall the City
Council of the City of San Juan Capistrano institute a parks tax rate of
up to $0.15 per one hundred dollars of assessed valuation for the develop-
ment and maintenance of municipal parks".
Following discussion the clarified motion was voted on and
carried unanimously.
Attorney Okazaki read the foregoing resolution by title only.
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8. PROPOSED ORDINANCE REPEALING ORDINANCE NO. 222 RELATING TO
TIME AND PLACE OF COUNCIL MEETINGS.
It was moved by Councilman rnorpe, and seconded by Councilman
Gammell to have Council meetings take place on the second and fourth
Monday of each month from 7:00 - 11:00 p.m.
Following discussion on this proposed ordinance, the maker of
the motion and the second withdrew their motion.
The motion was then made by Councilman Thorpe, seconded by
Councilman Weathers and carried unanimously to adopt Ordinance No. 255 -
an ordinance of the City Council of San Juan Capistrano repealing
Ordinance No. 222 relating to the time and place of holding regular
meetings of the City Council.
Attorney Okazaki read the foregoing ordinance by title only.
9. PROPOSED RESOLUTION REQUESTING BUSINESSES WITHIN THE CITY
TO RESTRICT THEIR LIGHTING TO BUSINESS HOURS ONLY.
It was moved by Councilman Thorpe, and seconded by Councilman
Weathers to adopt Resolution No. 73-12-17-5 requesting that as a
measure to combat the energy shortage, each business within the City
turnoff all advertising lights during the hours the business is not in
operation.
The motion carried 4 to 1, Mayor Byrnes and Councilmen Chermak,
Thorpe and Weathers voting aye, Councilman Gammell voting noe.
Attorney Okazaki read the foregoing resolution by title only.
SUBDIVISIONS, ANNEXATIONS - NONE
COMMUNICATIONS - (WRITTEN) - NONE
COMMUNICATIONS - (ORAL)
1. Mr. John Stanley, Attorney, representing San Juan Capistrano
property owners, Swanner Brothers, and Pearl Williams spoke concerning
the property to be used for the animal shelter. He stated that the
Swanner Brothers were against the use of their property for said shelter.
The City Manager stated that he was aware of the opposition,
and that the County was asked to get together with the Planning Depart-
ment and go through the land use permit procedure before going ahead with
any further plans. As of yet there has been no word from the County.
PLANNING COMMISSION MATTERS - NONE
ADMINISTRATIVE
1. LETTER FROM CITY ATTORNEY RE: SUNDAY CONSTRUCTION ORDINANCE -
PEOPLE VS. CRUM.
The City Attorney stated that he would like to get together with
the District Attorney and the City Manager to determine a policy re-
garding ordinances that are considered of a "peculiar local nature".
2. REQUEST FOR ADMINISTRATIVE AUTHORITY.
As a result of a bid qualification that reflected a January 1, 1974
price increase on a street sweeper proposal, the Director of Public
Works requested administrative authority to issue a purchase order.
Should that proposal be recommended, the purchase order issued would be
subject to ratification of the City Council at their meeting of
January 7, 1974.
It was moved by Mayor Byrnes, seconded by Councilman Gammell and
carried unanimously to grant authorization to issue a purchase order.
PARKS & RECREATION MATTERS - NONE
COMMITTEE REPORTS - NONE LJ 171973
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WARRANTS
1. APPROVAL OF WARRANTS FOR PERIOD ENDING DECEMBER 17, 1973.
It was moved by Councilman
Weathers and carried unanimously
^787 for a total of $115,636.34.
COUNCIL REMARKS
Chermak, seconded by Councilman
to approve warrants 2716 through
1. REPORT ON DISCUSSION WITH SCHOOL DISTRICT AND DEVELOPERS
RE: SCHOOL SITE.
Councilman Thorpe reported on a meeting that was held with rep-
resentatives from Mauer, Leadership and Standard Pacific, and the
School District. The suggestion that seemed to be most favorable at
this point was that these developers would secure an option for the
school site for the school district and would make a donation of money
to the school district for that particular purpose.
There is to be another meeting between the developers and the
school district on December 19, 1973.
2. Mayor Byrnes announced that there had been a meeting with
San Clemente and representatives from Supervisor Caspers' office
concerning the Prima Deshecha access routes. Numerous alternate plans
are being considered, and there will be further meetings.
3. There will be discussion at the January 7, 1974 meeting
concerning the Energy Utilization Committee.
There being no further business, the meeting adjourned at 8:55
p.m. to the General Plan Presentation.
The next regular meeting will be held on January 7, 1974, at
7:00 p.m.
ATTEST
oy 11. tsgrne , M. li. , mayor o
City of Sar4 Juan Capistrano
Dt G 17 IJ73