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73-0924_CC_Minutes_Regular Meeting®0 SEPTEMBER 24, 1973 REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO A regular meeting of the City Council was called to order at 7:00 p.m. by Mayor Byrnes. The Pledge of Allegiance was recited. Invocation was given by Reverend Robert Schwenck of the Community Presbyterian Church. ROLL CALL: Councilmen present: Roy L. Byrnes, Edward S. Chermak, Josh Gammell, James F. Thorpe, James K. Weathers Councilmen absent: None Staff present: Andersen, Kubota, Okazaki, Smith, Weidner ,--, APPROVAL OF MINUTES OF SEPTEMBER 11, 1973. There being no additions or corrections, the foregoing minutes were approved as written. Moved by Councilman Weathers, seconded by Councilman Thorpe, and unanimously carried, to have all ordinances and resolutions for this meeting read by title only. SPECIAL PRESENTATION 1. PROPOSED CONSOLIDATION OF SAN JUAN CAPISTRANO RESOURCE CON- SERVATION DISTRICT WITH NORTHEAST ORANGE COUNTY RESOURCE CONSERVATION DISTRICT. Mr. Jean Lacouague, San Juan Capistrano's District Representative, addressed the Council and briefly summarized the proposed merger. Iie stated their District has reviewed and studied the proposal, and feels it is to the City's advantage to consolidate the two subject Districts rather than dissolve the Northeast Orange County District. He also explained the functions of the District and answered questions of the Council. The City Manager stated that the proposed consolidation will be heard by LAFCO on September 26 and if the Council had any objections they should be known at this time. The Council took no action nor made any objections to the proposed subject consolidation. PUBLIC HEARING 1. CONTINUED HEARING ON PROPOSED VACATION OF A PORTION OF GANADO DRIVE. Mayor Byrnes declared the public hearing open. No one appeared in favor or in opposition and the hearing closed. The foregoing item was removed from the agenda calendar; any future public hearing will necessitate readvertisement by the Clerk. BIDS, CONTRACTS, AGREEMENTS 1. REIMBURSEMENT AGREEMENT WITH SWAN CONSTRUCTORS. A memorandum from the Director of Finance was presented, advising that under the terms of the above agreement, the City is to pay $55,246 to Swan Constructors by September 28, 1973. After payment of the bill, the balance in Drainage Area LO2 is $47,145. The check for the payment of $55,246 is included with the demands for approval at this meeting, and no Council action is necessary at this time. SEP241973 Page Two 501 C/C 9/24/73 2. REIMBURSEMENT AGREEMENT FOR SANITARY SEWAGE CONSTRUCTION AT CAPISTRANO AIRPORT AND INDUSTRIAL PARK. The City Engineer stated that the subject developers and the Council have previously reviewed and approved a report prepared by their office for the reimbursement of contributions to be made by properties utilizing the portion of the city sewer system serving the Industrial Park and tributary areas. An agreement has now been pre- pared, executed by the developers and ready for Council approval. Moved by Councilman Thorpe, seconded by Councilman Weathers, and unanimously carried, to approve the foregoing agreement and authorize the Mayor and City Clerk to execute. ORDINANCES, RESOLUTIONS 1. SECOND READING OF ORDINANCE NO. 235 - FOOD SANITATION ORDINANCE. Moved by Councilman Thorpe, seconded by Councilman Gammell, and unanimously carried, to adopt Ordinance No. 235. Attorney Okazaki read the foregoing ordinance by title only. 2. SECOND READING OF ORDINANCE NO. 239 - AMENDING NO. 182 - RELATING TO MAILING OF NOTICES. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to adopt Ordinance No. 239. Attorney Okazaki read the foregoing ordinance by title only. 3. SECOND READING OF ORDINANCE NO. 240 - APPROVING RZ 73-110 U-1 TO R-1-2.5. Moved by Councilman Chermak, seconded by Councilman Gammell, and unanimously carried, to adopt Ordinance No. 240. Attorney Okazaki read the foregoing ordinance by title only. 4. FIRST READING OF ORDINANCE NO. 241 - IMPOSING SALES AND USE TAX. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to introduce Ordinance No. 241. Attorney Okazaki read the foregoing ordinance by title only. 5. RESOLUTION REQUIRING SKIRTING ON MOBILEHOME DISPLAY MODELS. Moved by Councilman Thorpe to adopt Resolution No. 73-9-24-1. Councilman Chermak seconded the motion with the proviso that the following paragraph be added: 4. The City Manager and City Attorney to control the placement of mobilehome units on display sites, and establish set up times for models delivered to the site. The Planning Department was directed to review the site plan for the Capistrano Mobilehome Pageant and determine what controls there are on the display models; the City Manager and City Attorney to enforce said controls. The motion was voted upon and unanimously carried. SEP 241873 502 Page Three C/C 9/24/73 SUBDIVISIONS, ANNEXATIONS 1. APPEAL OF PACESETTER HOMES - EXTENSION OF TENTATIVE MAP - TRACT NO. 6305. A letter from Pacesetter Homes, Inc., dated September 6, 1973 was presented, stating they feel the delays in processing have been the result of actions taken by the City and not because of neglect on the part of their engineers or themselves. The Planning Director stated that Tentative Tract 6305 expires this month. The request for a one-year extension was heard by the Planning Commission on September 4, and denied. It is the Commission's recommendation that Council uphold their action and deny the appeal. It was noted and made a part of the record that the appellant was not in attendance. Following discussion -it was moved by Councilman Gammell, seconded by Councilman Thorpe, and carried, to uphold the recommendation of the Planning Commission and deny the appeal. Councilman Chermak abstained from voting. 2. PROPOSED ANNEXATION TO THE CITY OF SAN CLEMENTE, ANNEXA- TION NO. 21. The Planning Director stated that LAFCO has notified the City of a public hearing to be held on the proposed annexation of 3.78 acres to the City of San Clemente. The property is located near the intersection of Camino Capistrano and Delgado Road, in the vicinity of Grants Shopping Plaza. The proposed annexation is within the San Clemente Sphere of Influence, and not within any of the alternative Sphere of Influence schemes which have been studied by the City staff, nor within any of the sewer or water districts which service San Juan Capistrano. The proposed use on the property is to be residential at this time. There were no objections from the Council and no action taken. COMMUNICATIONS - (Written) - NONE COMMUNICATIONS - (Oral) 1. Mrs. Carolyn Nash, representing "Save our Sycamore Tree" Committee, addressed the Council and expressed extreme dissatisfaction with the construction of the tree well on Del Obispo Road. She stated she was not only unhappy with the tree trimming, the construction of the tree well, the design of the engineer, but also feels that not all measures were taken to protect the tree. The Mayor informed Mrs. Nash that the Director of Public Works has been requested to prepare a detailed report on this subject and that she would be forwarded a copy when complete. PLANNING COMMISSION MATTERS 1. REPORT ON RECENT COMMISSION ACTIONS. The Planning Director presented his report relating actions taken by the Planning Commission at their regular meeting of September 18. He stated that none of the items need to be acted upon by the Council; however, the Council may review or appeal any item at their discretion. Reference was made to the approved amendment to Tentative Tract No. 7387 - Village San Juan (U. S. Development Corp.). Mr. John Ullom of U. S. Development Corp., addressed the Council and stated they propose to use single family detached units on individual lots. The resulting decrease in density will be approximately 50 units. The units will be priced to sell between $32 and $37,000. Involved in SEP241973 Page Four C/C 9/24/73 their change played a map Council. 503 is the deletion of several Country Court Units. He dis- of the proposed development and answered questions of the Following discussion it was moved by Councilman Thorpe, seconded by Councilman Chermak, and carried, to hold the foregoing item over to October 8, 1973, for an informal public meeting and further considera- tion. Councilman Gammell voted noe. The staff was directed to notify the Village San Juan Home- owners Association of this meeting. ADMINISTRATIVE 1. INVESTMENT REPORT FROM CITY TREASURER. The foregoing report was for informational purposes and no Council action required. 2. AUTHORIZATION TO PURCHASE THREE MOBILE RADIO UNITS. A memorandum from the Director of Public Works was presented, advising that his City vehicle and the two construction inspector's cars do not presently have mobile radios, and requesting that the purchase and installation of three additional mobile units be approved and that permission be given to transfer $2,600 from contingency to Public Works Administration. Councilman Chermak indicated he had several questions he would like answered before approving this request and therefore moved to withold approval and request further information. The motion was seconded by Councilman Weathers and unanimously carried. PARKS & RECREATION MATTERS - NONE CONSENT CALENDAR MATTERS - NONE COMMITTEE REPORTS - NONE WARRANTS 1. APPROVAL OF WARRANTS FOR PERIOD ENDING SEPTEMBER 24, 1973. Moved by Councilman Chermak, seconded by Councilman Thorpe, and unanimously carried, to approve warrant numbers 2376 through 2442 and 0113 for the total amount of $131,174.49. The Council questioned warrant number 2415, the 58 fee of sewer service charge payable to Orange County Water Works District No. 4, and requested the City Manager to investigate and report. COUNCIL REMARKS 1. DESIGNATION OF MEMBER FOR UNIFIED ORANGE COUNTY -CITIES DISASTER ORGANIZATION. Moved by Councilman Chermak, seconded by Councilman Weathers, and unanimously carried, to appoint City Manager Donald Weidner as the City's representative to the Unified Orange County -Cities Disaster Organization. 2. RESOLUTION COMMENDING T.J. MEADOWS FOR CONTRIBUTION TO THE CITY AND THE SAN JUAN BASIN. Moved by Councilman Thorpe, seconded by Councilman Chermak, and unanimously carried, to adopt Resolution No. 73-9-24-2. Attorney Okazaki read the foregoing resolution by title only. SEP 241973 ✓ oage Five C/C 9/24/73 3. PROCLAMATIONS - UNITED WAY MONTH AND SPACE EXPLORATION DAY. Moved by Councilman Thorpe, secondees Dy councilman Chermax, and unanimously carried, to proclaim the month of October 1973 as "United Way" month. Moved by Councilman Weathers, seconded by Councilman Gammell, and unanimously carried, to proclaim October 1, 1973 as "Space Exploration" day. 4. Councilman Weathers requested a status report from the City Engineer's office on the conversion of street lights, and the ornamental backplates in the Mission District. RECESS - 8:45 - 8:55 P.M. ADMINISTRATIVE - (CONTINUED) 1. CASITAS CAPISTRANO STORM DRAIN PROJECT. The City Engineer requested Council approval for the City pur- chase of 60 lineal feet of 84" diameter storm drain pipe to avoid a 5 to 9 week delay in the construction time for the project. This is deemed an urgency matter because of anticipated rainy season interfering with completion of the project. He further stated that the contract is scheduled to be awarded on October 8; this portion of the pipe that is for the railroad crossing will be delivered at approximately the same time the contractor is to start the work. Moved by.Councilman Gammell, seconded by Councilman Weathers, and unanimously carried, to approve the foregoing request and the City Engineer authorized to proceed to a maximum amount of $4,000.00. Mayor Byrnes adjourned the meeting to a personnel session at 8058 p.m. The meeting reconvened in regular session at 9:32 p.m. and adjourned immediately. ATTEST: City Clerk Roy V. Byr s, M.D., Mayor or the City of San Juan Capistrano SEP 24W,