73-1126_CC_Minutes_Regular MeetingMA
NOVEMBER 26, 1973
REGULAR MEETING -CITY COUNCIL -CITY OF SAN JUAN CAPISTRANO
The ream a moa+ -i , of i -ha r i tv rn„n�i l was called to order by
Mayor Byrnes at 7:00 P.M.
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
Staff present: Andersen, Madsen, Murphy, Okazaki, O'Sullivan,
• Smith, Weidner I -N
APPROVAL OF MINUTES OF NOVEMBER 5 AND 12, 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
1. RZ 73-116-T - PROPOSED TREE PRESERVATION ORDINANCE.
Mayor Byrnes opened the public hearing.
The Planning Director explained that the Planning Commission has
held public hearings on the proposed ordinance and recommend Council
approval. It is also recommended by the Commission that staff be
directed to place the :natter of a Pest Control Ordinance on the agenda
for future consideration.
Carolyn Nash, representing the Town Hall Association, addressed
the Council in support of the proposed ordinance as presented.
Randy Williams, resident, addressed the Council and discussed
various provisions in the proposed ordinance, and stated he was
neither for nor against the matter. He did exp.rEss the thought that
there is no need for additional controls and restrictions on tree
maintenance and removal at this time.
Mayor Byrnes closed the hearing reserving the right to reopen
at anytime.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to introduce Ordinance No. 248, approving
RZ 73-116-T, the proposed Tree Preservation Ordinance.
The staff was directed to place the matter of a Pest Control
Ordinance on the agenda for future consideration.
Attorney Okazaki read the foregoing ordinance by title only.
BIDS, CONTRACTS, AGREEMENTS
1. AWARD OF CONTRACT FOR CITY INSURANCE COVERAGE.
The Director of Finance presented the results of the three bids
received in a memorandum dated November 19, and recommended Council
accept the proposal of Quinlan Insurance Co., and that the schedule
position bond be deleted from our coverage since it is too expensive.
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Moved by Councilman Thorne, seconded by Councilman Gammell, and
unanimously carried, to approve the fore:oing recommendation.
Moved by Councilman Gammell, seconded by Councilman Thorpe, and
unanimously carried, to reject the bid proposals of Alleman-Lende-Paul
and Farmers Insurance Co., for City's Liability Insurance Coverage.
2. AGREEMENT WITH DANA POINT SANITARY DISTRICT AND SERRA
REGARDING OUTFALL RENTAL PAYMENTS.
The Director of Public Works presented the subject agreement
stating this is an administrative change of the rental payment from
Dana Point Sanitary District to SERRA. The agreement is an
implementation of a May, 1964 agreement -whereby SERRA will receive
the payments for the ocean outfall.
Moved by Councilman Chermak, seconded by Councilman Thorpe,
to approve the foregoing agreement and authorize the Mayor and City
Clerk to execute.
Councilman Chermak inquired why the City is paying the Outfall
Rental Payments to SERRA rather than the Dana Point Sanitary District.
He requested that the Director of Public Works review the original
lease agreement and report back to Council.
Moved by Councilman Gammell, seconded by Councilman Chermak, and
unanimously carried, to table the foregoing motion.
Mayor Byrnes directed the Director of Public Works to organize
a complete review, updating, and summary of SERRA, which could include
a presentation by representatives of SERRA before the City Council.
3. AUTHORIZATION FOR EQUIPMENT - WASTE WATER TREATMENT FACILITY.
The Director of Public Works presented a memorandum dated November
16 which outlined his request, and stated over the past several months
they have evaluated many types of products on a test basis.
He recommended that Council authorize the staff to obtain a tank
and pump facilities at a cost not to exceed $4,000 and enter into an
agreement with American Cyanmid Company for material at a net price
of $.1168.
Moved by Councilman Weathers, seconded by Councilman Thorpe, and
unanimously carried, to approve the foregoing recommendation.
4. AUTHORIZATION TO ACCEPT PROPOSALS FOR STREET SWEEPER.
The Director of Public Works stated that the City's existing
1966 Wayne street sweeper was mechanically surveyed prior to prepara-
tion of this year's budget. As a result it was determined that since
this sweeper was approaching its useful life it was necessary to
procure a new sweeper, retaining for backup the existing unit.
He further added that their department has reviewed the equip-
ment available. Copies of the department request for proposals were
presented to Council. Upon receiving the proposals they will in-
vestigate the equipment and submit a recommendation.
He recommended that the Council authorize the City Manager to
advertise and obtain proposals for the subject piece of equipment.
Moved by Councilman Thorpe, seconded by Councilman Gammell,
and unanimously carried, to approve the foregoing recommendation.
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5. LICENSE AGREEMENT WITH AT & SF RR CO. FOR DEL OBISPO RAILRO.
CROSSING.
The City Engineer stated that the widening and improvement of
this railroad crossing is a part of the AHFP Project 686.and will
also facilitate the full use of Del Obispo Street; as we complete the
west side under the current construction contract. The Atchison,
Topeka & Santa Fe Railway Company has prepared a "Right of Entry
License" which gives permission to the City and its contractor to
enter designated portions of the Santa Fe right-of-way for this
project.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to authorize the Director of Public Works to
execute the subject license in behalf of the City..
6. AGREEMENT WITH THOMAS TRULIS FOR STREET IMPROVEMENTS ON
LOS RIOS STREET. (LUP 70-102)
The City Engineer stated that applicant requested the Council
grant a waiver in time for the construction of the full public street
improvements along the frontage of Los Rios Street where the solid
waste disposal depot is located. The Council granted the request with
the condition that Mr. Trulis execute an agreement postponing physical
construction until May, 1975, and also that there be a "Letter of
Credit" for a financial guarantee. The documents have been executed
and are now ready for Council action.
Moved by Councilman Thorpe, seconded by Councilman C.ammell, and
unanimously carried, to add the words "if so required by the City" to
Item No. 2 of the agreement, accept the agreement and authorize the
Mayor and City Clerk to execute.
ORDINANCES, RESOLUTIONS
1. PROPOSED ORDINANCE REGULATING PARKING CONTROLS IN PRIVATE
COMMERCIAL ESTABLISHMENTS.
The City Manager reported that staff has made contact with the
management of the Mission Village Shopping Center and has found no
strong desire for City control on parking and traffic
in the commercial lot at this time. Von's has placed shopping
basket racks in some no parking zones at the front of their store,
but this has not cured the entire problem.
He presented a memorandum dated September 28 from the City '
Attorney describing the methods by which parking on private lots can
be controlled, and stated the important element in these steps is that
the owner of the facility must voluntarily post a legal permanent
notice of the traffic and parking regulations imposed.
Following discussion, it was moved by Councilman Thorpe,
seconded by Councilman Weathers, and carried, to withdraw the approval
of Christmas tree sales at Von's Market, (LUP 73-115).
Councilmen Byrnes, Thorpe and Weathers voted Aye, Councilmen
Chermak and Gammell voted Noe.
Councilman Thorpe requested the City Attorney prepare an ordinance
providing for parking and other type vehicular controls and restriction
on private property.
There were no objections and so ordered.
2. SECOND READING OF ORDINANCE NO. 247 - AMENDING ORDINANCE NO.
241 - REGARDING SALES AND USE TAX.
Moved by Councilman Weathers, seconded by Councilman Chermak, and
unanimously carried, to adopt Ordinance No. 247. NOV 2 61373
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Attorney Okazaki read the foregoing ordinance by title only.
3. RESOLUTION APPROVING AGREEMENT WITH STATE DEPARTMENT OF
FINANCE REGARDING POPULATION ESTIMATE, (SPECIAL CENSUS).
Moved by Councilman Gammell, seconded by Councilman Thorpe, and
unanimously carried, to adopt Resolution No. 73-11-26-1, approving
an agreement with the State Department of Finance for conducting
the City's Special Census.
Attorney Okazaki read the foregoing resolution by title only.
4. RESOLUTION AMENDING CITY'S SALARY & CLASSIFICATION PLAN.
The proposed resolution with revised salaries for certain
Public Works employees was presented.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 73-11-26-2, amending
Resolution No. 72-1-19-1, the City's Classification and Salary Plan,
to be effective December 1, 1973.
Attorney Okazaki read the foregoing resolution by title only.
5. PROPOSED RESOLUTION REGARDING ENERGY CRISIS.
Councilman Thorpe presented the above-mentioned resolution and
explained his reasons for desiring adoption thereof.
He stated he is suggesting that:
1) The City establish a committee of staff and council to meet
with appropriate governmental and utility representatives,
to collect and evaluate data on the effect of energy
shortages on the City and its future growth, and to formulate
appropriate recommendations for future action by the City
Council.
2) Until said committee reports to Council and a plan of action
is taken, no further building permits be issued.
The Council indicated they would consider the resolution further
and requested this item be placed on the agenda for December 3.
SUBDIVISIONS, ANNEXATIONS - NONE
COMMUNICATIONS - (WRITTEN) - NONE
COMMUNICATIONS - (ORAL)
1. Mr. Mark Foster, President, Dana Hills High School Athletic
Booster Club, addressed the Council and requested permission
to sell Christmas Trees from December 1 through 25, 1973.
The lot is located on the west side of Del Obispo, just
south of Tarbell Realty. He presented a letter of consent
from the property owner.
Moved by Councilman Thorpe, seconded by Councilman Chermak, and
unanimously carried, to grant the foregoing request and direct the
City Manager to apply conditions as deemed appropriate.
2. Mr. Robert Davies, City's representative to the Orange County
Health Planning Council, addressed the Council regarding the "consumer -
provider" membership ratio.
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Following consideration it was moved by Councilman Thorpe,
seconded 1)y ,. ii. .., .,eathers, ai,u .,.,t.t
Resolution No. 73-11-2G-3, urging the Orange County Health Planning
Council to Maintain the Proper "Consumer -Provider" Membership Ratio.
The City Clerk was directed to forward copies of the above
resolution to all cities in Orange County.
Attorney Okazaki read the foregoing resolution by title only.
Councilman Thorpe requested that staff from time to time contact,-,
the various representatives appointed by the Council to the County
agencies, and request a status report.
3. Mr. Ernest Wright, resident, addressed the Council stating
that in order to conserve on energy he is forming bus and car pools
for residents who commute a distance to work. He requested the Council
consider an area in the City where the people could park their vehicles
during the day.
No action was taken at this time.
RECESS - 8:45 - 8:55 P.M.
PLANNING COMMISSION MATTERS
1. REPORT ON RECENT COMMISSION ACTIONS.
The Planning Director presented the subject report relating
actions taken by the Planning Commission at their meetings of November
13 and 20, 1973.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
carried, to review Tentative Tracts 8450, 7673 and 8485 at the December
3 meeting. Councilman Gammell voted noe.
It was noted that no action would be taken on Resolution No. PC -
73 -11-13-1, pertaining to a year round school cal-endar,until after
the meeting with Capistrano Unified School District.
ADMINISTRATIVE
1. STATUS REPORT ON BONITO AND FOUR OAKS PARKS.
The Director of Public Works stated that as a result of Council
action on November 12, providing authorization to him to proceed with
the turfing of the above parks, he has revised the specifications,
guarantees and assurances. As a result of the revisions, he has
contacted and obtained proposals on an informal basis for fine grading
and seeding.
He recommended that Council authorize staff to issue a purchase
order to John Biondi for landscape services in an amount not to exceed
$9,800.
Moved by Councilman Chermak, seconded by Councilman Weathers, and
unanimously carried, to approve the foregoing recommendation.
2. DISCUSSION AND REVIEW OF PROPOSED LEGISLATIVE AIDE.
The City Manager stated that staff has developed a tentative job
description for a legislative aide position which would assist council-
men in information gathering and evaluation of local government
activities.
He presented the proposed job description and hourly rate.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to authorize the City Manager to recruit for a
Legislative Aide based on the criteria set forth in the memorandum
dated D?:- .;_: _)er 20, 1973.
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J . TRAFFJ.F' CHANNELIZATION - DEL ObISPO STREET BETWEEN RAILa"_Hu
AND CA4INO CAPISTRANO.
The City Engineer presented four drawings (designated Exhibits A
through D), showing possible location for a raised median that would
channelize the left turn movements and restrict movement across Del
Obispo Street. The median would be elevated above the pavement 6"
by concrete curbs similar to the existing small islands that protect
the traffic signal poles. Between the curbs there are three alterna-
tives for filling the three-foot wide space:
1. A thin layer of asphalt
2. A thin layer of concrete
3. Landscaping
Moved by Councilman Chermak, seconded by Councilman Gammell, and
unanimously carried, to approve and accept Exhibit "C" for a raised
median without landscaping, and covering of asphalt or concrete to be
at discretion of staff.
4. VALLE ROAD IMPROVEMENT DISTRICT - SUBMITTAL FOR AHFP FUNDS.
The City Engineer reported that their office has mailed letters
to all property owners giving them a complete description of the pro-
posed work. They will be receiving a financial guarantee from the
signers of the petition who represent 760 of the area, which will
cover the preliminary work prior to the establishment of an improve-
ment district.
He recommended that Council:
1. Authorize the City Engineer to prepare the project
submittal for AHFP funds.
2. Authorize the Environmental Review Board to select
a firm to prepare an EIR once the financial guarantee
has been received for the property owners signing the
petition for the improvement district.
Moved by Councilman Gammell, seconded by Councilman Weathers, and
unanimously carried, to approve the foregoing recommendation.
PARKS & RECREATION MATTERS
1. OFFER TO DONATE PLAYGROUND EQUIPMENT.
The City Manager advised that the Parks & Recreation Commission
have reviewed and recommended acceptance of a piece of equipment to
be donated by a community group known as the Polliwogs.The donation is
$60 short of the actual price of the equipment, plus sales tax and
freight from Michigan. He presented descriptive literature on the
equipment for view by Council.
Mrs. Minnie Surles, Chairman of the Parks & Recreation Commission,
addressed the Council and spoke favorably of the equipment.
Moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried, to accept the foregoing donation with appre-
ciation, and authorize the necessary funds to be allocated from the
Parks & Recreation Fee Funds.
2. STATUS REPORT ON SERRA PARK DEVELOPMENT.
The Planning Director reported that the Parks & Recreation Com-
mission reviewed and accepted the revised grading plan for Serra
Park at their meeting of November 19. He stated that copies of.the
minutes have been provided to the Council for their information.
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CONSENT CALENDAI; MATTERS - NONE
Councilman Chermak suggested that Council and staff consider
issuing some type of inexpensive badges -or approved solicitors within
the City.
COMMITTEE REPORTS - NONE
WARRANTS
1. APPROVAL OF WARRANTS FOR PERIOD ENDING NOVEMBER 26, 1973.
Moved by Councilman-Chermak, seconded by Councilman Weathers, and
unanimously carried, to approve Warrant Numbers 2616 through 2663 and,
0116 through 0118 for the total amount of $157,189.97.
COUNCIL REMARKS
1. Mayor Byrnes set a public hearing date of December 3 for
ratification of the Policy Plan.
RECESS - 10:05 - 10:10 P.M.
The Council adjourned to a personnel session and reconvened at
11:40 p.m. The following actions were taken:
1. STEP INCREASE FOR ASSISTANT PLANNER.
Moved by Councilman Thorpe, seconded by Councilman Weathers, and
unanimously carried, to grant an accelerated step increase to Step 3
for Assistant Planner Larry Lawrence.
2. PUBLIC WORKS DEPARTMENT - TREATMENT PLANT PERSONNEL.
The Council reviewed the Director of Public Works Reorganization
Proposal for the Sanitation Plan operations, and directed staff to
publish notice on proposed amendment to the Salary and Classification
Plan for Treatment Plant personnel which will be considered December
17.
3. CITY CLERK.
Moved by Councilman Weathers, seconded by Councilman Gammell, and
unanimously carried, to accept the resignation of Wanda Andersen, City
Clerk, effective November 30, and appoint Donald Weidner, City Manager,
as City Clerk effective December 1, 1973.
4. PARKS & RECREATION COMMISSION MEMBERSHIP.
Following discussion on Parks & Recreation Commission membership,
Council directed staff to place a proposed ordinance.on the December
17 agenda, structuring said Commission to that of the Planning Com-
mission, to be effective following the March 5 general municipal
election.
Mayor Byrnes declared the meeting adjourned.
ATTEST:
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RoyVL.'-Ky nes, M.D., Mayor of
the Citylof San Juan Capistrano
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