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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 Page Two C/ C 12/17/73 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. �� 41 '71913 Page Three 41 C/C 121/17/73 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 Page Four 12/17/73 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