73-1008_CC_Minutes_Regular Meeting5 06 OCTOBER 8, 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
Mayor Pro Tem James K. Weathers.
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, Madsen, Murphy, Okazaki, -�
O'Sullivan, Smith, Weidner
APPROVAL OF MINUTES OF SEPTEMBER 24 AND OCTOBER 1, 1973.
A minor correction was made to page four of the minutes of
September 24 and the foregoing minutes were then 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.
SPECIAL PRESENTATION
1. ARTHUR YOUNG & CO. - FINANCIAL STATEMENT.
The Director of Finance presented copies of the final draft of
the 1972-1973 financial statement and stated that representatives of
the Arthur Young & Company were in attendance to answer any questions.
The Council took no action.
PUBLIC HEARINGS
1. ABATEMENT OF ABANDONED AUTO - LA ZANJA STREET WEST OF THE
RAILROAD TRACKS.
Mayor Byrnes declared the public hearing open.
A letter dated September 20, 1973, from Westport Home Builders,
Inc., owner of the property where subject vehicle is located, was pre-
sented and denys any responsibility for the presence of said vehicle on
the property.
No one appeared before the Council to speak on this matter and
the hearing closed.
Moved by Councilman Weathers, seconded by Councilman Gammell,
And unanimously carried, to declare the foregoing vehicle as a public -^*A
nuisance and order it to be abated at City expense.
2. INFORMAL HEARING ON AMENDMENT TO TENTATIVE TRACT NO. 7387 -
VILLAGE SAN JUAN (U.S. DEVELOPMENT COMPANY).
A report from the Director of Planning was presented, stating
applicant proposes to change to models with a conversion from the
attached Country Court units to single family detached units. The
amendment to the tentative involves 38.9 acres. The existing map allows
for 276 units on this portion of the property. The proposal calls for
229 units, a reduction of 47 units.
Mr. Bob Albertson, Senior Vice -President of the U.S. Development
Co., addressed the Council and stated the homes will be built in the
same configuration as now exists and conform to the needs of a planned
development. Property owners will be required to sigma statement at the
time of purchase acknowledging that they are aware of the architectural
controls.
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Mr. Phillip Schwartze, 26306 Round Tree Court, Village San Juan,
Chairman of the Architectural Control Board, and representing the Village
San Juan Homeowners Association, addressed the Council and stated their
association was not opposed to the proposed type of development.
Following discussion it was moved by Councilman Chermak, to
overrule the decision of the Planning Commission and deny the request of
U.S. Development Company.
The foregoing motion LOST for lack of a second.
The Council took no further action, thereby confirming the
action of the Planning Commission.
BIDS, CONTRACTS, AGREEMENTS
1. AWARD OF CONTRACT FOR UTILITY PICK-UP TRUCK FOR PUBLIC
WORKS DEPARTMENT.
The Director of Public Works stated that three bid proposals
were received, and recommended that Council award the contract to the
lowest responsible bidder, Barwick Imports, in the amount of $2,000.00.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to approve the foregoing recommendation.
2. AWARD OF CONTRACT FOR CASITAS CAPISTRANO STORM DRAIN.
The City Engineer reported that six bid proposals were 'received
for the above project, and recommended that Council award the contract
to the lowest responsible bidder, Rockport Construction Co., in the
amount of $179,889.00.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to approve the foregoing recommendation and the
Mayor and City Clerk authorized to sign the contract.
3. REIMBURSEMENT AGREEMENT FOR TRACT NO. 5592 (MAURER).
The Director of Public Works presented copies of the above
drainage reimbursement agreement, and stated he has revised said
agreement to place the burden of the time extension request on the
Developer with its approval, subject to the sole discretion of the
Council.
He recommended that Council approve the agreement, as modified,
and authorize the Mayor and City Clerk to execute.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
carried, to approve the foregoing recommendation. Councilmen Chermak
and Thorpe voted noe.
4. AGREEMENT WITH WESTPORT FOR STORM DRAIN FACILITY - CASITAS
CAPISTRANO PROJECT.
The City Engineer stated that pursuant to negotiations and terms
and conditions which were approved by the Westport -Apartment Home Co.
for the cash contribution to construct the Casitas Capistrano Storm
Drain Project, the subject agreement was prepared and executed by the
Developer. In addition, the Developer has delivered to the City a
"Letter of Credit" in the amount of $94,796.13. The City Attorney has
reviewed the agreement.
He recommended that Council approve the subject agreement and
authorize the Mayor and City Clerk to execute.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to approve the foregoing recommendation.
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5. APPROVAL OF SPECIFICATIONS FOR CITY INSURANCE COVERAGE.
The Director of Finance stated that the City's insurance coverage
expires on November 1, 1973, and it is desirable to put the coverage
up for bid to insure that the City is getting the best coverage at the
lowest premium.
He presented the proposed specifications and recommended that
Council approve same and set October 19, 1973 as the opening date for
bids.
Moved by Councilman Weathers, seconded -by Councilman Thorpe, and
unanimously carried, to approve the foregoing recommendation with the
intent to award contract at the next regular meeting.
6. MODIFICATION OF CONTRACT FOR PLANNING DEPARTMENT MOBILE
OFFICE.
The Director of Planning reported that after acceptance of the
bid amount of $18,050 for said structure, the staff reviewed the precise
layout desired, and then received a cost estimate. The revision was far
above that which was authorized and the extras which were desired were
eliminated from the request.
He recommended that Council approve the revised cost of $19,148
for the following:
Base
Windows
Carpet
Sales Tax
Total
$ 18,050
50
600
448
$ 19,148
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to approve the foregoing recommendation.
RESOLUTIONS
1. SECOND READING OF ORDINANCE NO. 241 - IMPOSING SALES AND
USE TAX.
Moved by Councilman Thorpe, seconded by Councilman Gammell, and
unanimously carried, to adopt Ordinance No. 241.
Attorney Okazaki read the foregoing ordinance by title only.
2. FIRST READING OF ORDINANCE NO. 242 - RELATING TO CONFLICT
OF INTEREST.
Moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried, to introduce Ordinance No. 242.
Attorney Okazaki read the foregoing ordinance by title only.
3. FIRST READING OF ORDINANCE NO. 243 - REPEALING ORDINANCE
NO. 21 - BOND AMOUNT FOR CITY CLERK AND CITY TREASURER.
The Director of Finance stated that Section 36518 of the Govern-
ment Code requires that the City Clerk and City Treasurer be bonded and
that the amount of their bonds be determined by the City Council by
resolution upon the recommendation of the City Attorney. The City Clerk
and Treasurer are currently covered by Ordinance No. 21 which sets the
amounts of their bonds at $5,000 each, although they are presently bonded
for $50,000 each.
He recommended that Council repeal Ordinance No. 21, and that bonds
for the City Clerk and Treasurer be set in the amount of $100,000 each by
resolution.
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Moved by Councilman Thorpe, seconded by Councilman Chermak,
and unanimously carried, to introduce Ordinance No. 243.
Attorney Okazaki read the foregoing ordinance by title only.
3A. RESOLUTION FIXING THE AMOUNT OF BOND TO BE EXECUTED BY
THE CITY TREASURER AND CITY CLERK.
Moved by Councilman Gammell, seconded by Councilman Thorpe, and
unanimously carried, to adopt Resolution No. 73-10-8-1, effective
November 1, 1973.
Attorney Okazaki read.the foregoing resolution by title only.
4. RESOLUTION URGING THE ESTABLISHMENT OF REGULAR TRAIN STOPS
FOR THE CITY AND SUPPORTING THE ACTIVATION OF THE SAN JUAN
CAPISTRANO PASSENGER DEPOT.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, to adopt Resolution No. 73-10-8-2.
Attorney Okazaki read the foregoing resolution by title only.
5. RESOLUTION ESTABLISHING PROPOSED GRADING POLICY.
The Director of Planning stated that the proposed policy was
undertaken in an effort to clarify the administration of grading pro-
cedures between the City and the County Division of Grading which
administers the basic grading ordinance. This item was before the
Council on a previous occasion and was referred to the Planning Commis—
sion for their review. In that the proposed policy relates to the
administrative review of grading plans, the Commission had little comment
relative to it.
Mr. Rick Munson, Chief of Grading Division, Department of
Building and Safety, County of Orange, addressed the Council and dis-
cussed the procedures which are used by his staff for the processing of
grading plans.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to adopt Resolution No. 73-10-8-3.
Attorney Okazaki read the foregoing resolution by title only.
SUBDIVISIONS, ANNEXATIONS
1. FINAL ACCEPTANCE OF TRACT NO. 5592 (MAURER) AND EXONERATION
OF BONDS.
The City Engineer stated that the subject planned development
has been completed and all public improvements including streets, curbs
and gutters, sidewalk, underground drainage facilities, sanitary sewers,
and ornamental street lights have been constructed and are now in use.
Pursuant to the Subdivision Ordinance, the Developer has entered into an
agreement for all the subdivision improvements and has posted the
required bonds. It is now timely to accept all public improvements and
to exonerate the bonds.
He recommended that Council formally accept all of the public
improvements, and authorize the exoneration of Bond No's SC -7107507,
SC -7107508, SC -7107509, and SC -7107510 0£ American Fireman's Fund In-
surance Company in the amounts of $300,000.00, $17,400.00, $56,000.00;
and 51,500.00. respectively.
Moved by Councilman Weathers, seconded by Councilman Thorpe,
and unanimously carried, to approve the foregoing recommendation.
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COMMUNICATIONS - (WRITTEN)
action.
1. CITY OF PETALUMA - REQUESTING FINANCIAL ASSISTANCE FOR
NON -GROWTH PLAN.
The Council briefly discussed the above request but took no
2. GORDON STRACHAN - REGARDING ANTI -LITTER ORDINANCE.
It was requested by Mr. Strachan in his letter, that Council
amend the appropriate ordinance to make it illegal to place any article
such as flyers, newspapers and the like, on the door knobs of residences,
without first obtaining the occupant's permission.
The City Attorney was requested to review the existing City
ordinances with regard to handbills, anti -litter, etc., and the City
Manager was requested to survey and/or spot-check the City residential
areas to determine the extent of problem throw-aways.
The Mayor stated this item would be placed on the agenda for
October 29.
COMMUNICATIONS - (ORAL)
NONE
RECESS - 8:37 P.M. - 8:50 P.M.
PLANNING COMMISSION MATTERS
1. PLANNING COMMISSION ACTIONS.
The Director of Planning stated his .report relates to actions
taken by the Commission at their regular meeting of October 2, 1973;
none of the items listed need to be acted upon by the City Council, unless
they wish to review or appeal any item at their discretion.
Following discussion it was moved by Councilman Chermak,
seconded by Councilman Weathers, and unanimously carried, that Council
review the EIR for Tract No. 7673 (Leadership) at the meeting of October
29.
2. SET PUBLIC HEARING DATES ON:
A. RZ 73-114 - R-1 TO E-2 (LEADERSHIP)
B. RZ 73-115-T - (PARKING REQUIREMENTS)
It was recommended the above hearings be scheduled for October
29,.and hearing no objections so ordered.
ADMINISTRATIVE
1. REVIEW OF PRIMA DESHECHA DISPOSAL ACCESS ROUTE.
The City Manager stated that it has been indicated that the
Orange County Road Department is actively negotiating right of way for
the construction of La Pata as the initial access to Prima Deshecha
Disposal site. If the Council is still concerned with the need for
La'Novia Avenue to be used as the primary access route to the disposal
site, it would be appropriate to reiterate this concern in clear terms to
both the Road Department and Glendale Federal, who owns a substantial
portion of land within the routing of La Novia.
He presented a complete record of Council actions and staff
reports on Prima Deshecha commencing May 1971. He also stated that
Glendale Federal has contacted Mr. McConville of the Road Department on
this subject and that the City should be receiving further pertinent
information.
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Various members of the Council indicated there has been a lack
of coordination at the County level on this matter and requested the
Mayor to arrange a meeting with our County Supervisor and other parties
deemed appropriate.
The City Manager was requested to contact the County regarding
the preliminary plans for the County Regional Park on a portion of the
disposal site.
2. AUTHORIZATION TO PURCHASE 3 -MOBILE RADIO UNITS.
The Director of Public Works stated that they have considered
an alternate to the units that would provide mobile radios that could
be removed from the unit and hand -carried. They feel this type of
unit would be a great asset for communications for people that are
away from their vehicle, or in emergency situations where it would
be impossible to have a vehicle.
He recommended that Council approve the purchase and installa-
tion of three mobile radio units or portable radio units, and that
$2,600 be transferred from contingency to Public Works Administration.
Councilman Weathers indicated he felt the cost was somewhat
high and requested he review the specifications before taking final
action.
Following consideration it was moved by Councilman Thorpe,
seconded by Councilman Weathers, to approve the foregoing recommendation,
with the provision that before the purchase is made the City Manager
and Director of Public Works explore all possible alternatives.
3. REPORT OF CITY TREASURER - 1911 ACT DELINQUENCIES.
The foregoing report was presented for informational purposes
only and no action was taken.
4. AUTHORIZATION TO PROCEED WITH SPECIAL CENSUS.
The Director of Planning stated the City has been receiving bi-
annual population estimates from the State Department of Finance. The
most recent estimate was for April 1, 1973, and indicated a population
of 7,600 for the City. Our Planning Consultants were preparing an
independent estimate for that same date, and their estimate was 8,344.
The Planning staff feels that both of these estimates may be low.
He further stated that before staff (Finance, Planning and
Administration) expends a considerable amount of effort in preparing a
detailed cost/benefit analysis of conducting a special census, they
would like to know if the Council would consider carrying it out.
Currently the City of Irvine is preparing to conduct a Special Census.
Their estimated cost is to run between $8,000.00 to $9,000.00.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to direct staff to proceed with the project with
a cost/benefit analysis to be presented at the October 29 Council meeting.
5. PUBLIC WORKS REQUEST FOR PURCHASE AND/OR LEASE OF LOADER
BACKHOE.
The Director of Public Works presented his report summarizing
the need for a new backhoe, and also a copy of an equipment lease from
Case Tractor which provides for a trade-in credit of the existing tractor
of $1,000 and a payment schedule for a type 580-B, which is a slightly
1,rgcr piece of equip—,^t.
Various alternatives were presented for Council's consideration.
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Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimoncly oax.i9r1, *o authorize the City Manager to enter into a
negotiated lease for a loader backhoe, and approve the transfer of
$7,000 from the contingency fund to the Public Works Street Maintenance
Repair Account.
PARKS AND RECREATION MATTERS - NONE
CONSENT CALENDAR MATTERS
1. APPLICATION FOR CANVASSING - MISSION BANK.
It was noted that applicant desires to go door-to-door to invite
residents to an "open -house" of their new bank branch. The canvassing
period would be from October 15 to November 15, 10:00 a.m. to 4:00 p.m.,
Saturdays only.
Following discussion the City Attorney was requested to review
the City's Business License Ordinance as it relates to the foregoing
request and report back to Council at the next meeting.
COMMITTEE REPORTS
1. Councilman Thorpe reported that he and Councilman Chermak
will be attending a joint study committee meeting of the Capistrano
Unified School District.
2. Councilman Gammell reported he recently attended a meeting
of the Parking District Committee.
STAFF REPORTS
The following reports from staff were presented for informational
purposes only:
1. City Engineer
2. Director of Finance
3. Director of Planning
4. Director of Public Works
1. APPROVAL OF WARRANTS FOR PERIOD ENDING OCTOBER 8, 1973.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to approve warrant numbers 2443 through 2501
for the total amount of $417,376.87.
COUNCIL REMARKS
1. Councilman Chermak made reference to the need to enforce
City ordinances relating to horses on sidewalks and animals at large.
Mayor Byrnes adjourned the meeting to Tuesday, October 9, 1973
at 7:00 p.m. The meeting adjourned at 10:12 p.m.
ATTEST:
City Clerk
Roy L1 Byrn
the City of
..D., Mayor of
Juan Capistrano
OCT 81973