Loading...
78-0920_CC_Minutes_Regular Meeting55 SEPTEMBER 20, 1978 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Friess at 7:16 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Richard Reeve, Christian Mission Church. ROLL CALL PRESENT: Kenneth E. Friess, Mayor James F. Thorpe, Mayor pro tem Lawrence F. Buchheim, Councilman Gary L. Hausdorfer, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of September 6, 1978: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe that the Minutes of the Regular Meeting of September 6, 1978, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY it was moved by Councilman Buchheim, seconded by Councilman Thorpe that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ORAL COMMUNICATIONS 1. COMMISSION REPRESENTATION (23) Gillian Cannon, Member of the Parks and Recreation Commission, advised that she was present to answer any questions regarding recommendations made to the Council. 2. ORTEGA HIGHWAY PROPERTIES, ASSESSMENT DISTRICT 78-3 (74) William T. Hussey, 33741 Windjammer, Laguna Niguel, representing the Building Committee of St. Margaret of Scotland Church, -1- 9/20/78 56 requested that Council adopt the Resolution establishing the Ortega Highway Properties Assessment District and approve the contracts for legal and engineering services at this time. The documentation had been provided to Council during July, but the required funding had not been received from the property owners. With the concurrence of Council, Mayor Friess directed that. the matter be considered following the break period. 3. SITE FOR HEADSTART PROGRAM (78) Evelyne Villegas, representing the Community Counseling Center, regarding the need for a site for the Headstart Program, a preschool to assist children in entering elementary school. Mrs. Villegas advised that all necessary funding is available and that 51 children are enrolled in the program, which must start by the end of October to retain egilibility, and requested any possible assistance in obtaining approval for a proposed site on La Matanza or at a temporary location. The Director of Community Planning and Development advised that processing time for a Conditional Use Permit is approximately 4 weeks plus a 21 -day appeal period. Councilman Thorpe suggested that staff investigate the possibility of granting emergency access with public hearings held afterwards. Mayor Friess suggested that members of the community assist with a temporary site, that Mrs. Villegas contact residents of the La Matanza area regarding any possible opposition, and that the paperwork be filed immediately for application for a Conditional Use Permit. Councilman Thorpe suggested the site of the old Capistrano High School Gymnasium since it would be a consistent use; possibly a temporary, one-year use could be approved. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 373 ESTABLISHING SPEED ZONES AND AMENDING ORDINANCE NO. 295 (55) The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Ordinance be adopted: ORDINANCE NO. 373, TRAFFIC REGULATIONS - SPEED ,LIMITS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 295 PERTAINING TO TRAFFIC REGULATIONS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, _ Buchheim and Mayor Friess NOES: None ABSENT: None RESOLUTIONS 1. RE -AFFIRMATION OF RESOLUTION NO. 78-8-2-2 SAN (25) Written Communications: (80) (1) Report dated September 20, 1978, from the Director of Public Works clarifying issues of capacity of the existing system and future sanitary needs of the area. The item is continued from the meeting of September 6th. -2- 9/20/78 57 Continuation of Hearing: Mayor Friess re -opened the hearing and the following persons responded: (1) Edmund F. Schieders, Jr., Southern Counties Management Company, 405 South Beverly Drive, Beverly Hills 90212, representing Richard Mogan, cited correspondence indicating that the Homeowners Association was advised of the proposed easement in June, 1977, and spoke in support of the original location of the sewerline easement through Village San Juan park area, and advised that a 24-hour security guard would be provided, the contractor has stated that the project would take no more than 5 days, and assured that the property would be returned to its original condition within a very few days. (2) Robert Syckes, 29592 Orinda Road, requested that a definite number of days be set for the project completion with more stringent requirements than the 24-hour security guard, and stated that no action was ever taken by the Homeowners Association regarding acquisition of the easement. There being no one else wishing to address the Council on this matter, Mayor Friess closed the hearing. During Council discussion, Donald Martin, President, American National Construction Company, 405 South Beverly Drive, Beverly Hills, advised that 15 days would be ample time to complete the project to the top of the hill. Re -affirmation of Resolution No. 78-8-2-2: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to re -affirm Resolution No. 78-8-2-2 authorizing and directing the condemnation of the sewerline easement for sanitary purposes to serve Tract 9578 with the following conditions: (1) A uniformed security guard is to be retained by the developer on a 24-hour basis for the entire duration of the project from the stub of the sewerline to the top of the hill; (2) The project is to be completed within 15 days. It was then moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried as follows: (3) No more than 40 residential units are to be connected to the proposed sewerline, including the 32 units within the Mogan Tract. Council clarified that the bonding requirements for replacement landscaping would remain. Staff was commended on the research and reporting provided. (85) Status of Entry Landscaping, Village San Juan: The Director of Community Planning and Development advised that the Public Works Department is in the process of installing sidewalks and that representatives of Zellner Communities, developer of Village San Juan, have stated that the entry landscaping would be installed immediately thereafter. -3- 9/20/78 BIDS, CONTRACTS, AGREEMENTS 1. ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR LIABILITY INSURANCE CLAIMS ADMINISTRATION AND BUDGET AMENDMENT (CARL WARREN AND COMPANY) (49) Proposal: (24) Award of a contract for claims administration of the $50,000 self-insured retention for liability insurance. Written Communications: (1) Report dated September 20, 1978, from David B. Smith, Administrative Services Officer, providing an analysis of the three proposals received and a proposed contract. _ Award of Bid and Budget Amendment: It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried to award the City's liability insurance claims administration to Carl Warren and Company of Santa Ana in the amount of $100 per month plus fees for field investigations and to reject all other proposals received; an amendment to the 1978-83 budget in the amount of $3,000 is authorized. Councilman Thorpe requested that the Director of Administrative Services investigate the possibility of charging funds other than the General Fund for insurance liability costs. 2. ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR WEISZ & ASSOCIATES (80) Proposal: (38) Repair of storm damage to area identified as South Del Obispo Slide/Scalzo's Hill. Written Communications: Report dated September 20, 1978, from the Director of Public Works forwarding the proposed Agreement and advising that the costs are reimburseable from the Federal Disaster Assistance Administration. Award of Bid: It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried to award the contract for repair of storm damage to Fred Weisz and Associates of Mission Viejo, in the amount of $25,800 and to approve the amendment to Account No. 5424, Flood Control Division Project, in that amount. 3. AMENDMENT TO TITLE V CONTRACT TO EXTEND CONSTRUCTION (23) Proposal: (38) Approval of Title V Contract applying for an additional $22,875 under the Older Americans grant program for an amended total of $64,894 and extension of contract period from September 30, 1978, to March 31, 1979. Written Communications: (1) Report dated September 30, 1978, from Pamela Hallan, Administrative Aide forwarding a proposed Resolution authorizing execution of an amended contract. Adoption of Resolution Authorizing Amended Contract: It was moved by Councilman Buchh; and seconded by Councilman Hausdorfer that the following Resolution be adopted: -4- 9/20/78 NO. 78-9-20-1 EXECUTION OF 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JU CAPISTRANO, CALIFORNIA, APPROVING THE EXECUTION OF THE AMENDED CONTRACT FOR GRANT FUNDS UNDER TITLE V OF THE OLDER AMERICANS ACT (SAN JUAN HOT SPRINGS DANCE HALL) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 4. AMENDMENT TO ORANGE COUNTY (41) Proposal: (38) Amendment extending Agreement for allocation of Revenue Sharing funds for use in defraying costs of the Senior Citizens Program. Written Communications: (1) Report dated September 20, 1978, from the Director of Recreation advising that the extension would be for the,month of October only and contains binding provisions regarding employee cost of living or salary increases. (2) Addendum to Report dated September 20, providing proposed revised wording to the contract stating that funds would not be used to provide program employees a cost of living increase and authorizing the City to independently fund a cost of living increase to program employees. Authorization to Negotiate for Amendment: It was moved by Councilman Buchheim, seconded by Councilman Thorpe and unanimously carried to direct staff to continue with negotiations to incorporate the wording contained in the revised Amendment to Revenue Sharing Agreement; and, if such wording is agreed to by the County, to authorize the City Manager to execute the Amendment. CONSENT CALENDAR It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated September 20, 1978, Warrants Nos. 15054 through 15155, inclusive, in the total corrected amount of $182,951.76, is approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF AUGUST 31, 1978 (41) The City Treasurer's Report of Investments as of August 31, 1978, is approved as submitted. -5- 9/20/78 W 3 R'S 1911 ACT (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of August 31, 1978, is approved as submitted. 4. CITY REPORT OF FUND CASH BALANCES (41) The City Treasurer's Summary Statement of Fund Cash Balances for the one-month period ending July 31, 1978, is approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of September 5, 1978, is ordered received and filed 6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF SEPTEMBER 11, 1978 (23) The Report of Actions taken by the Equestrian Commission at the meeting of September 11, 1978, is ordered received and filed. 7. REPORT OF PLANNING COMMISSION MEETING OF SEPTEMBER 12, 1978 (67) The Report of Actions taken by the Planning Commission at the meeting of September 12, 1978, is ordered received and filed. 8. REIMBURSEMENT AGREEMENT, TRACT 10090 (BUTLER DEVELOPMENT COMPANY) (85) The Agreement Providing for Reimbursement of Off -Site (38) Improvement Costs in the amount of $25,000, in conjunction with Tract 10090 is approved and the Mayor and City Clerk authorized to sign the Agreement on behalf of the City. The developer will be reimbursed by the parties benefitting from the construction and fronting Via Estelita between Aguacate Road and the tract boundary; the obligation is to run for a period of five years. 9. ACCEPTANCE OF SEWER SYSTEM, AGUACATE LANE (HAMPTON) (80) The sewer constructed by Gerald Hampton to service a home at 31529 Aguacate Lane is accepted into the City sewer system and the City Clerk is directed to record the offer with the Orange County Recorder. 10. ACCEPTANCE OF DRAINAGE EASEMENTS (CALTRANS) (80) The drainage easements offered to the City by the State Department of Transportation and referenced as Director's Deeds Nos. DK001735-01-02 and DK001730-01-02 are accepted and the Mayor is authorized to sign the Deeds on behalf of the City. The two excess drainage easements are located on the easterly side of Valle Road south of the freeway ramps and on the north side of Via Serra in the extreme southern portion of the City. 11. ACCEPTANCE OF EASEMENT DEEDS, CASITAS DE ALIPAZ (68) The following Easement Deeds granted to the City for Street (91) and Highway Purposes in conjunction with development of Casitas de Alipaz are accepted: 9/20/78 61 (1) From Lorraine Erro, Parcel No. 668-161-03; (2) From Frank Woolsey, Parcel No. 668-181-04. ADMINISTRATIVE ITEMS CITY MANAGER 1. AUTHORIZATION FOR REPLACEMENT HIRING - RECREATION LEADERS (66) It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to concur with the City Manager's approval of the replacement hiring of two part-time Recreation Leaders for the Gamemobile Program, as set forth in the report dated September 20th, as follows: Recreation Leader I $3.33 per hour Recreation Leader II $3.88 per hour DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. INITIATION OF GENERAL PLAN AMENDMENT 78-3 VAN ROEKEL, ET AL. FALKLAM (46) Proposal: (1) Van Roekel, et al.: Consideration of General Plan and prezoning designations for properties north of the City limits for submission to the Local Agency Formation Commission. A Resolution of application for annexation of four properties was adopted on September 6, 1978. (2) Falklam: A request for a General Plan Amendment for 3.6 acres of land on Del Obispo Street for a change in zoning density to 2.5 units per acre for the entire acreage, which would result in an increase from 9 to 12 dwelling units. Written Communications: Report dated September 20, 1978, from the Director of Community Planning and Development recommending that the Falklam petition not be included within the General Plan Amendment and that an Amendment be initiated to consider changing the Composite Land Use Map designation for the properties known as Van Roekel, et al. Staff also recommends that the vacant 8.6 -acre Abdalmutti property and the 1.9 -acre Montessori property be included in the General Plan Amendment study area. The following persons addressed the Council in support of the Falklam petition: (1) D. J. Daniel, Jr., AIA, 3822 Campus Drive, Newport Beach; (2) Elmer Christiansen, civil engineer, 31882 Camino Capistrano; (3) Harry Falklam, 32151 Del Obispo Street. Initiation of General Plan Amendment 78-3: It was moved by Councilman Hausdorfer and seconded by Councilman Schwartze that General Plan Amendment 78-3 be initiated for consideration of both the Van Roekel properties and the Falklam petition. Council Discussion: Council discussed the applicant's intent that traffic from the Falklam property would be discharged onto Del Obispo -7- 9/20/78 62 Street, and Mayor Friess suggested that the circulation pattern be combined with that of the adjacent Romer development. The Director of Community Planning and Development advised that the plans for the Romer property have been received and suggested that the Romer and Falklam properties be combined into a single General Plan study area. Mayor Friess then suggested that Council consider the Van Roekel properties at this time and that the Director of Community Planning and Development contact Carlos Romer during the next 2 weeks for discussion of including that property with the Falklam petition. Councilman Thorpe questioned the scope of extending the proposed Van Roekel study area to consider a particular useage along the freeway, the staff time that would be involved, and the environmental considerations. In response to Mayor Friess, the Director of Community Planning and Development clarified that the matter would be considered by the Environmental Review Board and that the Environmental Impact Report for the area could be amended. With the concurrence of the second, the motion to initiate General Plan Amendment 78-3 was amended to read as follows: (1) To find that the proposed annexation of the four properties known as Van Roekel, et al., and the land use issues raised by the annexation warrant initiation of General Plan Amendment 78-3 at this time pursuant to Section 2.1.2 of Ordinance No. 293; (2) To initiate General Plan Amendment 78-3 for a change in the Composite Land Use Map designation for the following properties from 1.2 Low Density Residential to a new land use designation to be recommended by the Planning Commission; said Amendment to be referred to the Planning Commission for report and recommendation: Van Roekel, Coast Bible Church, Dewire, triangular parcel at Via Escolar/Marguerite Parkway, Abdalmutti, and Montessori; and, (3) To consider the Falklam petition at the meeting of October 4th for possible inclusion within General Plan Amendment 78-3. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim, and Mayor Friess NOES: Councilman Thorpe ABSENT: None RECESS AND RECONVENE Council recessed at 9:10 P.M. and reconvened at 9:28 P.M. DIRECTOR OF PUBLIC WORKS 1. ESTABLISHMENT OF ASSESSMENT DISTRICT 78-3 (74) This item was proposed for consideration at the Council meeting (85) of July 5, 1978, but action was deferred at that time pending receipt of funds in the amount of $15,000 to develop the debt report and associated public hearings. The Director of Public Works advised that the funds had been received; and, as requested by Council, Mr. Hussey, representing St. Margaret's Episcopal Church and one of the applicants, provided a list -8- 9/20/78 r,3 of the persons contributing to the funds raised. The Director of Public Works also advised that the District is to be designated as Assessment District No. 78-3. Establishment of Assessment District 78-3: It was moved by Councilman Thorpe and seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 78-9-20-2, ASSESSMENT DISTRICT NO. 78-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A PLAT SHOWING THE GENERAL BOUNDARIES OF A PROPOSED ASSESSMENT DISTRICT AND ESTABLISHING IMPROVEMENT FUND. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None Approval of Agreements for Engineering and Legal Services: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the following proposals for assistance in developing an assessment district procedure: (1) Letter proposal dated June 20, 1978, from F. MacKenzie Brown for legal services in the amount of $2,500. (2) Letter proposal dated June 26, 1978, from W. E. Hamilton of Ronald Martin and Associates, Inc., for engineering services in the amount of $10,500. The above services will be paid by deposit funds provided by the proponents of the Assessment District. 2. STATUS REPORT CAMINO CAPISTRANO IMPROVEMENT DISTRICT 78-2 (83) Council received copies of the report dated September 20, 1978, from the Director of Public Works advising that the Underground Utility Advisory Committee has concluded that San Diego Gas and Electric Company will perform the utility undergrounding work on Camino Capistrano from San Juan Creek Road to Forster Street and on Del Obispo Street between Camino Capistrano and the railroad tracks. Construction is to commence in November, 1978, with completion anticipated for February, 1979. Mr. Murphy advised that a second presentation of the project to the Chamber of Commerce is scheduled for September 28, 1978. With the concurrence of Council, Mayor Friess declared the report received and filed and directed the City Engineer to begin proceedings for the formation of an assessment district for Camino Capistrano. Mayor Friess also encouraged Council Members to attend the September 28th presentation. COUNCIL ACTIONS 1. LOS RIOS REVIEW COMMITTEE (23) Council received copies of a report dated September 20, 1978, from the City Manager forwarding the three applications received for appointment to the Los Rios Review Committee. -9- 9/20/78 2. 64 Since the Committee is to consist of five members who meet specific criteria pursuant to Resolution No. 78-6-21-8, Council deferred any action at this time and the report was received and filed. Staff will solicit additional applications. DOWNTOWN PLAZA AND PARKING STUDY CC (23) It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried that Dee Tyler, Member of the Planning Commission, be appointed to fill the vacancy on the Downtown Plaza and Parking Study Committee. 3. PUBLIC FACILITIES COMMITTEE APPOINTMENT OF ROBERT DAVIES (23) It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried that Robert Davies, Member of the Planning Commission, be appointed to fill the vacancy on the Public Facilities Committee. COUNCIL REMARKS 1. 1978-83 FISCAL BUDGET PRIORITIES (32) Councilman Thorpe wished to clarify that no firm budget priorities had been set at the September 13, 1978, Council meeting. 2. MONTHLY MEETINGS - COMMISSIONS/HOMEOWNERS ASSOCIATIONS (32) Councilman Thorpe suggested that the monthly meetings with the Mayor pro tem, Commission Chairmen and Department Heads be held every other month with meetings with Homeowners Association Presidents held the alternate months. The meetings would be informal with no action to be taken and no minutes. 3. BUS ROUTES, ORANGE COUNTY TRANSIT DISTRICT (60) Councilman Thorpe suggested that a Resolution be sent to the Orange County Transit District requesting that bus routes be coordinated with opening and closing of schools for the benefit of the students and encouraging bus stops near school areas. 4. MULTI -MODAL TRANSPORTATION REPORT (88) Councilman Schwartze advised that the Orange County Transportation Commission had given the City's multi -modal report a high ranking and commended staff members Pam Hallan and Bill Murphy. Mayor Friess also commended Mrs. Hallan for the revisions made to the consultant's report. 5. SPECIAL ACTIVITY PERMIT (65) Councilman Schwartze suggested consideration of a "Special Activity Permit" process for programs of limited duration, such as Head Start and requested that the matter be placed on the "To Do List." 6. CITY PICNIC (66) Councilman Schwartze inquired into picnic. The City Manager advised pending adoption of the budget. the status of the annual that plans have been held -10- 9/20/78 6 tr-i 7. LIONS CLUB COMMUNITY PROJECT (61) Mayor Friess advised that a request had been received from the Capistrano Valley Lions Club for suggestions for a community service project in an amount of from $300 - $400 and asked the Director of Recreation to contact Darrell Carmichael, Club President. 8. ORANGE COUNTY HEALTH PLANNING COUNCIL (59) Mayor Friess requested that the City Clerk respond to the September 14th letter from the Health Planning Council regarding nominations to the Council. 9. CITY RETIREMENT SYSTEM (66) Mayor Friess suggested receipt of a report on the status of the City retirement system. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:10 P.M., to the next meeting date of Wednesday, September 27, 1978, at 7:00 P.M. in the City Council Chamber. ATTEST: L"o, ' /r Q KENNETH E. FRIES , MA OR Respectfully submitted, MARY ANN OVER, CITY CLERK -11- 9/20/78