73-0827_CC_Minutes_Regular MeetingAUGUST 27, 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
K. Weathers
Councilmen absent: James F. Thorpe
Staff present: Andersen, Madsen, Murphy, Okazaki, O'Sullivan,
Smith, Weidner
APPROVAL OF MINUTES: AUGUST 6 AND 13, 1973
There being no additions or corrections, the foregoing minutes
were approved as written.
Moved by Councilman Weathers, seconded by Councilman Gaznraell,
and unanimously carried, to have all ordinances and resolutions for
this meeting read by title only.
PUBLIC HEARINGS
1. CONTINUED HEARING ON PROPOSED VACATION OF A PORTION OF
GANADO DRIVE.
Mayor Byrnes declared the public hearing open.
It was recommended by the City Engineer's office that the
hearing be continued to September 24, 1973.
No one appeared before the Council to speak on this matter
and the hearing closed.
There being no objections from Council, the foregoing hearing
was rescheduled to September 24, 1973 as recommended.
2. ABATEMENT OF ABANDONED VEHICLE - MISSION ST., WEST OF
. RAILROAD TRACKS.
Mayor Byrnes declared the public hearing open.
A letter dated August 8, 1973 from Westport Home Builders, Inc.
owner of property where subject vehicle is located, was presented,
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 subject vehicle
as a public nuisance and order it to be abated at City's expense.
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT WITH A.T. & S.F. RAILWAY CO. FOR WIDENING OF
RAILROAD CROSSING AT DEL OBISPO ROAD.
A report from the City Engineer advised that the subject agree-
ment provides for the construction of the grade crossing protection
facilities and the improvement of the railroad track section itself
within the track area. Under the agreement, the City will be re-
sponsible for the payment to Santa Fe for the track area improvements
now estimated at $6,616.00. The City will also be obligated to share
one half of the total cost for the crossing protection; the total
cost which is now estimated at $25,243.00. The estimated total finan-
cial obligation to the City at this point is $19,237.00.
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Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to adopt Resolution No. 73-8-27-1, approving
the agreement between the A.T. & S.F. Railway Co. and the City for
the grade crossing at Del Obispo Road, and authorizing the Mayor
and City Clerk to execute.
Attorney Okazaki read the foregoing resolution by title only.
2. APPROVAL OF CHANGE ORDER NO. 8 - WATER POLLUTION CONTROL
FACILITY MODIFICATION - WPC -CAL -606.
A copy of the subject change order in the amount of $3,741.00
was presented for review and recommended for approval by the Director
of Public Works.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to approve Change Order No. 8 as recommended
by the Director of Public Works.
3. AGREEMENT WITH PROPERTY OWNER FOR CARE AND MAINTENANCE OF
SYCAMORE TREE ON DEL OBISPO ROAD.
The agreement was presented by the City Engineer's officer
having been executed by First Commercial Corporation, owners of the
subject property, with the revision that Item No. 6 read as
follows:
"City agrees to remove said tree should it not survive."
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to approve the foregoing agreement and
authorize the Mayor and City Clerk to execute.
4. AGREEMENT WITH SUKUT-COULSON FOR CONSTRUCTION OF TREE WELL
AND IRRIGATION SYSTEM ON DEL OBISPO - EXTENSION OF TIME.
The Director of Public Works stated that on August 6, 1973,
the Council approved the subject agreement with the condition that
Contractor not commence work until the maintenance agreement between
the City and the property owner had been executed. The Council has
now approved the agreement, but due to this delay, it is requested
that the Contractor be given a 15 -day calendar time extension for
completion of the work.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to approve the foregoing recommendation of
the Director of Public Works.
5. APPROVAL OF STATE COOPERATIVE CONTRACT FOR GASOLINE CREDIT
CARDS.
The Director of Finance stated that the County is intending to
contract with the State of California and Standard Oil Co. for
credit card purchase of gasoline and oil effective January 1, 1974,
and are encouraging the City's participation in this program to
supplement the present contract in case of inadequate supply.
He recommended that Council approve the agreement and that he
be designated to act on behalf of the City in matters regarding these
purchases.
Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 73-8-27-2, approving
Cooperative Purchasing Agreement with Standard Oil Co. and the State
of California.
Attorney Okazaki read the foregoing resolution by title only.
CnLINANCES, RESOLUT
1. SECOND READING OF ORDINANCE NO. 234 - PROVIDING COMPENSATION
FOR PLANNING COMMISSIONERS ($50.00 PER MONTH).
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to adopt Ordinance No. 234.
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8 2 Attorney Okazaki read the foregoing ordinance by title only.
2. SECOND READING OF ORDINANCE NO. 235 - UNIFORM CITY FOOD
ORDINANCE.
Attorney Okazaki stated that should the Council desire the
proposed ordinance amended to exempt roaPside stands, oper, air ma-ket ,
or retail dairies, he would suggest an additional paragraph be added
to Section 2 (g), to read:
"Notwithstanding the foregoing, the provisions of this
ordinance shall not apply to roadside stands selling
produce, food establishments which are open to the out-
side air, or retail dairies or areas therein, in which
there is displayed for sale only produce, shell eggs or
packaged foods, or any two or more of such products.
As used herein, the term 'retail dairies' means (a)
establishments which produce, process and sell milk to
the consumer on the same premises, (b) establishments
which process and sell milk to the consumer on the
same premises, or (c) establishments where the princi-
pal business is the sale of milk and dairy products to
consumers."
Mr. Okazaki further stated that any revision to the ordinance
would necessitate re -introduction of the ordinance.
Councilman Gammell made reference to Section 5 (Sanitation
Requirements), and inquired as to whether the requirements would
apply to vending machines.
Following discussion the City Attorney was requested to
revise the ordinance, adding Section 2 (g), and clarifying the
requirements of Section 5.
3. FIRST READING OF ORDINANCE NO. 236 - REGULATING USE OF
FIREARMS AND OTHER WEAPONS.
The proposed ordinance, as revised by the City Attorney'in
accordance with Council's intent, was presented for consideration.
Following discussion it was moved by Councilman Weathers,
seconded by Councilman Gammell, and carried, to introduce Ordinance
No. 236. Councilman Chermak voted noe.
Attorney Okazaki read the foregoing ordinance by title only.
4. CHANGE OF ADMINISTRATOR OF FEDERAL GRANT FOR SEWAGE
TREATMENT WORKS.
The Director of Public Works stated that due to T. J. Meadows
leaving the City, it is necessary for the Council to appoint an
administrator for Federal Grants for sewage treatment works. It is
also necessary to redesignate the project engineer (Lowry -Engineering
Science).
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to adopt Resolution No. 73-8-27-3, changing
the authorization on the administration of the Federal Grant for
sewage treatment works under title 33 of the United States Code,
Section 466 et. seq. and State Grant under Clean Water Bond Law of
1970.
Attorney Okazaki read the foregoing resolution by title only.
5. RESOLUTION OF REQUALIFICATION FOR PARTICIPATION IN THE
COUNTY'S ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP).
It was reported by the City Engineer's office that each year
it is necessary for Cities of Orange County to approve a resolution
for requalification for participation in the subject program. The
resolution would also specify ai.y changes made in the Master Plan in
the past year.
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Moved by Councilman Weathers, seconded by Councilman Chermak,
and unanimously carried, to adopt Resolution No. 73-8-27-4, requesting
annual requalification for participation in the County's Arterial
Highway Financing Program.
Attorney Okazaki read the foregoing resolution by title only.
6. PROPOSED RESOLUTION AND ORDINANCE MODIFYING CERTAIN FEES
FOR SERVICES RENDERED.
The Director of Finance presented his report dated August 23,
1973, and explained the proposed changes and the reasons therefor.
He recommended that Council adopt a resolution establishing procedures
and fee schedule for various documents requested by the public, and
an ordinance, amending Ordinances 56 and 115 relating to planning and
engineering fees.
Moved
unanimously
procedures
public.
by Councilman Chermak, seconded by Councilman Gammell, and
carried, to adopt Resolution No. 73-8-27-5, establishing
and fee schedule for various documents requested by the
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to introduce Ordinance No. 237, amending
Ordinance No. 56 and No. 115, relating to the payment of fees.
Attorney Okazaki read the foregoing documents by title only.
7. REPORT FROM CITY ATTORNEY ON APPLICATION OF ORDINANCE NO.
123 - VEGETABLE STANDS.
The City Attorney stated he has reviewed the ordinance per
Council's request, and recommended Section 4 of Ordinance No. 123
be amended to read:
"Section 4. This ordinance shall not apply, except
for Section 1, thereof, to retail sales or deliveries
to residences used for dwelling purposes regardless
of the zone classification involved or the street
location.
Furthermore, Section 3 of Ord. 123 shall not apply to
stands, counters or other facilities utilized for
the sale of fruits, vegetables, and other agri-
cultural products produced upon or adjacent to the
land where such facilities or structures are located."
Moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, to introduce Ordinance No. 238, amending
Ordinance No. 123 relating to the fruit and vegetable stands in the
City of San Juan Capistrano.
8. WEED ABATEMENT - SETTING PUBLIC HEARING AND GIVING NOTICE.
The Director of Public Works stated that since the last Weed
Abatement Program, it has been brought to his attention that certain
properties continue to have weeds and are thereby a public nuisance
and fire hazard. He recommended that Council adopt a resolution
declaring the weeds a nuisance and setting a public hearing date of
September 11, 1973, for hearing objections.
Moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, to adopt Resolution No. 73-8-27-6, declaring
as public nuisances all weeds, rubbish, refuse and dirt growing or
located upon the streets, sidewalks or private property as specified.
Attorney Okazaki read the foregoing resolution by title only.
S Tb;.IVISIONS, ANNEXF:TIONS
1. TRACT NO. 7159 (RIO VISTA HOMES).
The City Engineer stated in view of the completion of all of the
required public improvements, that Council formally accept all said
improvements.and exonerate Bond No. 114301 in the amount of $36,000.00.
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Moved by Councilman Chermak, seconded by Councilman Weathers,
and unanimously carried, to approve the foregoing recommendation of
the City Engineer.
COMMUNICATIONS - (WRITTEN)
1. STATE DEPARTMENT OF TRANSPORTA11ON - REGARDING FUNDING FOR
BICYCLE LANE.
The City Engineer's office reported that the Department of
Transportation has allocated to the City the sum of $129.32 for the
construction of bicycle lanes. This was a result of the City's
submittal for a bicycle lane on Camino Capistrano and the proposed
lane along Alipaz Street. Initially the intent was to allocate money
on a priority basis towards particular projects. The final outcome was
a disbursement of the total $110,000.00 to all agencies submitting
application with the State according to population, and is the reason
for the small allocation.
It was recommended that Council direct the City Engineer to
notify the State that the $129.32 will not be accepted by the City
because the administr„4tive and accounting costs will not justify it.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to uphold the foregoing recommendation.
2. CAPISTRANO VALLEY BAPTIST CHURCH - REGARDING DRAINAGE FEES.
The City Manager stated the Capistrano Valley Baptist Church,
when constructing its new facility on Del Obispo, entered into a storm
drainage reimbursement agreement with the City in which we acknowledge
the overpayment of $3,714 for storm drain facilities. The agreement,
while recognizing an obligation to the church, stipulates the City is
not required to return the overpayment until such time as all drainage
needs in that storm drain district (LO 2) are met.
The church has experienced higher construction costs than
anticipated and is in urgent need of additional funds to complete its
work, and therefor, the reason for request for early reimbursement.
Moved by Councilman Gammell, seconded by Councilman Chermak,
and unanimously carried, to approve the request of Capistrano Valley
Baptist Church due to their financial hardship.
3. VILLA SAN JUAN MOBILE HOME ESTATES.
The foregoing item was removed from the agenda per applicant.
4. CLAIM FOR DAMAGES - MICHAEL A. PUGHE.
The City Manager advised that a claim for damages has been filed
against the City and the Flood Control District alleging injuries caused
by negligence of the District and City. A copy of the claim was also
presented.
Moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, to deny the foregoing claim and refer to
City's insurance company.
5. RESPONSE FROM PACIFIC TELEPHONE COMPANY REGARDING TELEPHONE
JUNCTION BOX ON CAMINO CAPISTRANO.
The Director of Public Works stated he has met with representa-
tives of the Telephone Co. regarding the relocation of the junction
box per Council's request. The Telephone Co. has agreed to move the
box 12;" towards the curb which will provide a 4 ft. clear sidewalk
area.
He recommended that Council approve the relocation, and in the
near future, consider establishing a policy regulating the placement
of items such as power poles, light standards, mail boxes, fire
hydrants, etc. in the public right-of-way.
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485
Moved by Councilman Chermak, seconded by Councilman Gammell,
and unanimously carried, to accept the modification as proposed by
the Pacific Telephone Co.
The Director of Public Works was instructed to study and
evaluate a policy for the placement of utilities in public right-of-
way.
6. STATE SENATOR LAWRENCE E. WALSH - REGARDING SENATE BILL
1275.
Copies of Senate Bill 1275 were presented to Council for con-
sideration. The legislation, if passed, will remove the responsibility
for the development of rapid transit from the Southern California
Rapid Transit District. It creates a new transportation district
which will be governed by a commission elected by the people.
Following consideration, the foregoing communication was noted
and filed.
7. CITY OF SAN CLEMENTE - RESOLUTION URGING BOARD OF SUPER-
VISORS TO APPROPRIATE FUNDS FOR CONSTRUCTION AND COMPLETION
OF ANIMAL SHELTER IN SOUTH ORANGE COUNTY AREA.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to adopt Resolution No. 73-8-27-7, supporting
the City of San Clemente in this matter.
It was requested that the City Clerk forward copies of the
foregoing resolution to cities in Southern Orange County as well as
community groups in the Saddleback area, Dana Point and Capistrano
Beach.
COMMUNICATIONS - (ORAL)
NONE
PLANNING COMMISSION MATTERS
1. REPORT ON RECENT COMMISSION ACTIONS.
The foregoing report was for informational purposes only and
no Council action necessary.
2. DETERMINATION OF USE TO ALLOW SHOE REPAIR SHOPS IN THE
C -1H DISTRICT.
The Director of Planning stated that the Planning Commission
approved Resolution No. PC -73-8-21-3, determining that a shoe
and leather repair shop is a compatible use with the permitted uses
listed in the C -1H district of Ordinance No. 115. The Commission's
decision shall govern unless overruled by the Council. He recommended
Council take no action.
Following discussion it was moved by Councilman Gammell,
seconded by Councilman Weathers, and unanimously carried, to adopt
Resolution No. 73-8-27-8, to allow shoe and leather repair shops
as a conditional use in the C -1H district.
Attorney Okazaki read the foregoing resolution by title only.
3. SET PUBLIC HEARING DATES ON:
A. RZ 73-110 - U1 TO R1
B. RZ 73-112 - R-1 TO PD -5
The foregoing item was deferred to later in the meeting.
ADMINISTRATIVE
1. HAULING OF SANITARY WASTES FOR THE SAN JUAN TREATMENT PLANT.
The Director of Public Works stated their office has contacted
Mr. Tom Reeder who is the contractor for removal of sludge from the
treatment plant. He has complied with the City's request for clearing
the exterior of the vehicles. A U G 2 719,7j
4g6
He further stated they have reviewed the operation with regard
to leakage and feel that the control of this has greatly improved.
Their office, in conjunction with the Orange County Health Department,
will continue to review the operation and make improvements as
required.
The foregoing report was noted and filed.
2. AUTHORIZATION TO OBTAIN PROPOSALS AND ENTER INTO AGREEMENT
FOR TRAFFIC INTERSECTION STUDIES.
The Director of Public Works stated that due to the sapid growth
of the City, he feels there is a high need to study the traffic inter-
section controls. The study will include traffic counts, review of
accident records, review of proposed improvements, safety lighting
characteristics and pedestrian control measures.
He recommended Council authorize him to obtain proposals for
a traffic intersection safety study and enter into an agreement for
the study, not to exceed $2,000.
Moved by Councilmap„Weathers,, seconded by Councilman Chermak,
and unanimously carried, to approve the foregoing recommendation.
3. SEWER CONNECTION FEES FOR THE ALIPAZ RECREATIONAL VEHICLE
PARK - LUP 72-121.
A memorandum from the City Engineer's office advised that the
established sewer hookup fee is $250.00 per unit for a single-family
dwelling unit with kitchen facilities. For commercial, industrial,
and other uses, the fees are $250.00 per 1,500 square feet of
interior floor space. In May 1973 the Council approved a fee of one-
half the dwelling unit charge per space. The Developer has requested
one-sixth the fee.
The subject Recreational Vehicle Park does not fit into any of
the categories spelled out in the City's Resolution No. 65-6-14-2;
therefore, it is necessary to determine an appropriate charge for
the sewer hookup.
It was recommended that Council charge one-fourth the unit
charge per vehicle space and the full $250.00 per 1,500 square feet
of floor space for all other buildings within the complex.
Following discussion it was moved by Councilman Weathers,
seconded by Councilman Gammell, and unanimously carried, to set the
sewer connection fee at one-third the unit charge per vehicle space
and the full $250.00 per 1,500 square feet of floor space for all
other buildings within the complex.
4. REPORT FROM CITY MANAGER ON STATE PARK BOND FUND.
The City Manager stated that some weeks ago staff submitted a
suggestion to the County Harbor Beaches & Parks Commission for some
of the County's Revenue Sharing funds which they have been issuing
to various cities for park development, and in our case would have
been for Bonito and Four Oaks Parks.
The City was informed today that these parks would not be funded
as they did not meet the County's criteria. We were also advised that
the City could submit a proposal to the State to obtain a certain
amount per capita based on our 1980 population for park and allied
type development activities.
He suggested that staff be directed to submit an informal
proposal to the State so the City could be placed on their list of
eligible projects.
There were no objections from the Council and the staff was
authorized to proceed.
PARKS AND RECREATION MATTERS
1. REPORT FROM DIRECTOR OF PUBLIC WORKS ON STATUS OF BONITO
AND FOUR OAKS PARKS.
AUG2 71973
7 -
The Director of Public Works reported that the construction
appears to be progressing on schedule. Grading is generally compl.. ,3
and block walls are complete. Their office has reviewed the turf
specifications and they have been returned with suggested correction3.
In review of Council request concerning the number of donated
trees, they have contacted the representative from Recreation Land
Planners, Inc. in an attempt to incorporate the 27 trees that have
been stored in the City yard in Four Oaks Park.
It is estimated that the time of completion will be September
30 for this phase of construction.
No Council action was taken.
2. REPORT FROM CITY MANAGER ON MAINTENANCE BUDGET FOR BONITO
AND FOUR OAKS PARKS.
The City Manager stated that the 1973-74 Budget as adopted
contains $18,500 for maintenance of Bonito and Four Oaks Parks. This
money was included under Parks and Recreation. He recommended that
$18,500 be transferred from Parks & Recreation Commission to Street
Maintenance from which park maintenance will be provided.
Moved by Councilman Weathers, seconded by Councilman Gammell,
and unanimously carried, to approve the foregoing recommendation.
PLANNING COMMISSION MATTERS CONTINUED
3. SET PUBLIC HEARING DATES ON:
A. RZ 73-110 - U1 TO R1
B. RZ 73-112 - R1 TO PD -5
Attorney Okazaki stated a question had been raised earlier in
the meeting as to whether the Council had to hold a public hearing
on a rezone that had been denied by the Planning Commission.
He stated he has reviewed the Zoning Ordinance and finds that
all rezones automatically come before the Council for hearing whether
they are appealed by the applicant or not.
Various members of the Council expressed a desire to eliminate
this requirement from the Zoning Ordinance, but no official action
was taken.
There being no objections from the Council, the foregoing
hearings were scheduled for September 11, 1973.
CONSENT CALENDAR MATTERS
1. SAN CLEMENTE ARTS AND CRAFT CLUB - REQUEST TO CONDUCT ART
SHOW AT MISSION VILLAGE SHOPPING CENTER - SEPTEMBER 7 AND 8
AND OCTOBER 19 AND 20.
There were no objections from the Council to the foregoing
request and therefore approved.
COMMITTEE REPORTS - NONE
WARRANTS
1. APPROVAL OF WARRANTS FOR PERIOD ENDING AUGUST 27, 1973.
Moved by Councilman Gammell, seconded by Councilman Weathers,
and unanimously carried, to approve warrant numbers 2288 through 2333
and 0110 through 0112 for the total amount of $106,889.33.
COUNCIL REMARKS
1. Councilman Gammell inquired as to whether the City has re-
ceived the cost estimate for the undergrounding of DOL 73-103 (Klug).
The Planning Director replied in the negative.
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2. Councilman Weathers questioned if the City has had any
response to the request to the Board of Supervisors suggesting Orange
County Air Pollution Control District establish a monitoring station
in the southern area of the County.
The City .`ar.ay r roplied that we will have a monitoring dev=.cc
designed to measure ozone content of the air installed in the City
offices very soon. We will be furnished monthly readings and hope-
fully have the machine for one year.
3. The Mayor announced that due to a possible lack of quorum,
there will not be a Council meeting September 4, and the next meeting
will be Tuesday, September 11, 1973.
The meeting adjourned at 8:46 p.m.
ATTEST:
FA
/i/./%
Roy L. 'yes, M.D., Mayor
City of Sa Juan Capistrano
AUG271973