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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. AUG271973 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. AUG211073 - 2 - 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. AUG277373 - 3 - 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. - 4 - AUG2 71973 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. 5 _ AU02 7107j 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 $106,889.33. COUNCIL REMARKS 1. Councilman Gammell inquired as to whether the City has re- ceived the cost estimate for the undergrounding of DOL 73-103 (Klug). The Planning Director replied in the negative. _ 8 _ A U G 2 7 iJ 4�$ 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