78-0301_CC_Minutes_Regular Meeting326
MARCH 1, 1978
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Heckscher at
7:05 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Martin,
Old Mission Church.
ROLL CALL PRESENT: Yvon O. Heckscher, Mayor
' Kenneth E. Friess, Mayor pro tem
Richard D. McDowell, Councilman
Douglas B. Nash, Councilman
John B. Sweeney, Councilman
ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; Thomas G. Merrell, Director
of Community Planning and Development; Loretta Murray, Acting Director
of Administrative Services; James S. Okazaki, City Attorney; Mary Ann
Hanover, City Clerk.
MINUTES
Regular Meeting of February 15, 1978:
it was moved by Councilman MckwZ-11 and seconded by Councilman
Sweeney that the Minutes of the Regular Meeting of February 15, 1978,
be approved with the following amendment to the first sentence on
Page 8: strike the words ". . . the property being in and
insert the words . . appropriate measures being in ." The
motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
' NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney and seconded by Councilman Nash
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. TRAFFIC AND TRANSPORTATION COMMISSION ATTENDANCE
(23) Dennis Johnson, Member of the Traffic and Transportation
Commission, advised that he was in attendance to answer any
' questions regarding recommendations made by the Commission.
2. BEAR BRAND RANCH ACCESS THROUGH CITY STREETS
(85) Don Markowski, 32022 Paseo de Alessandro, addressed the Council
regarding possible future residential development which would
take access from Calle Ricardo, Calle Aspero, and/or Crumrine
Road. Mr. Markowski presented a letter addressed to him from
the Director of Community Planning and Development dated
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327
November 2, 1977, and a copy of page 3 of a report dated
September 28, 1976, regarding Division of Land 76-11.
Mr. Markowski spoke in support of annexation of the Bear
Brand Ranch property as a means of protecting the community.
3. PROGRAM FOR STREET SWEEPING - CAPISTRANO VILLAS AREA
(74) Mr. Jim Mauk, 26588 Calle Santa Barbara, President, Capistrano
Villas Homeowners Association No. 3, spoke in support of the
street sweeping program appearing later on the Agenda.
4. LOS RIOS PRECISE PLAN
(23) Mr. Bill Hardy, 31600 Ramos Street, referred to an article
which appeared in the February 17th edition of the Register
newspaper with the heading "Plan May Force Families to Move."
Mr. Hardy quoted from Page 7 of the Precise Plan and suggested
that the media be made aware of the requirements for low
density new and rehabilitated housing and phased construction.
With the consensus of the Council, Mayor Heckscher directed
the City Manager to respond to the Register article.
5. PLANNING COMMISSION ITEMS
(67) Robert Davies, Chairman of the Planning Commission, addressed
the Council regarding Commission action on the ridgeline
designation for the Frost property and the rezone of the
Ortega Properties project.
6. ORTEGA PROPERTIES PROJECT
(95) Mr. Richard Seabold and Mr. James Pointer, members of St. Margaret
of Scotland Episcopal Church, addressed the Council and spoke
in favor of the rezone of the Ortega Properties project.
7. LANDSCAPING, TRACT 8087 (MEREDITH/CRAIG DEVELOPMENT)
(85) Kenneth Chapman, Member of the Board of the Meredith Canyon
Homeowners Association, advised that the homeowners were
satisfied with the landscaping report which appears later
on the Agenda.
John Conley, 33421 Via de Agua, requested that realistic action
be taken to insure that the landscaping be accomplished.
Paul McGuire, 33502 Via de Agua, advised that the Meredith
Company had caused a cut to be made in the middle of the
slope and, with the rains, mud is sliding down.
CITY COUNCIL ELECTION - DISTRIBUTION OF
LETTER USING COUNCIL MEMBER'S N
(40) Councilman Nash stated that he had been advised that a _
letter was being circulated with the caption, "Councilman
Richard McDowell sends a personal message to the voters of
San Juan Capistrano." Mr. Nash read the letter into the
record. Mr. McDowell stated that he had sent a letter to
the newspaper this morning, but he had not endorsed any
candidates, nor mentioned Mr. Nash's name, nor signed the
letter in question.
With the consensus of Council, Mayor Heckscher directed the
City Manager to take the steps necessary to determine the
author of the letter and to report back to the Members of
the Council with the findings as soon as possible. The
City Attorney is also to report on means of preventing
further acts of this type.
Mayor Heckscher announced that various Agenda items would be taken
out of order for the benefit of members of the audience.
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DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. LANDSCAPING REPORT MEREDITH CANYON
T
(85) Written Communications:
Report dated arch 1, 1978, from the Director of
Community Planning and Development regarding status
of the landscaping improvements;
(2) Memorandum dated February 23, 1978, from the City
Attorney setting forth remedies available to the City
to ensure completion of the required landscaping
within Tract 8087;
(3) Letter dated February 28, 1978, from Craig Development
Corporation, 660 Newport Center Drive, Suite 1560,
Newport Beach 92660, taking exception to the staff
report;
(4) Memorandum dated February 27, 1978, from Gary Mitchell,
Land Use Coordinator, setting forth estimated costs
of landscape improvements.
The report from Mr. Merrell states that the developer, Craig
Development Corporation, has been formally advised that the
slope landscaping does not meet the conditions of approval
for Tract 8087, as set forth in Planning Commission Resolution
No. 73-1-16-1. Staff inspection has found the following items
deficient:
(a) Irrigation system is not installed or operating
in compliance with the approved plan;
(b) Groundcover is deficient to varying degrees on
major slopes;
(c) Major trees and shrubs are deficient on major
slopes;
(d) Landscaping and irrigation systems were never
installed within two areas set forth in the report;
(e) Two substitute plant materials - Grendilia Stricta
and Jumea Corbosa - have failed to successfully
adapt to the major slopes.
Staff has been advised that the developer intends to
correct the problems and complete the project in a
manner consistent with the approved plans.
Institution of Legal Action and Freeze on Occupancy Permits:
It was moved by Councilman Nash, seconded y Councilman Friess
and unanimously carried that the City Attorney be directed to
undertake the following four actions:
(1) An action for specific performance by the City
to enforce the condition;
(2) An action (which may be part of specific performance)
for damages for failure of Craig Development Company
to properly landscape. Such a cause of action will
be based upon contracts, and the amount of damages
will include the cost for the City to make the
landscaping conform;
(3) An action for mandatory injunction asking the court
to force Meredith to comply with the conditions; a
possible failure of compliance then being a contempt
action;
(4) Impose an absolute freeze on occupancy permits, with
no further occupancy permits to be issued until the
landscaping has been formally accepted by the City
or until further Court action.
Hardship Cases:
There was a consensus of the Council that persons who have
signed purchase agreements but not yet taken occupancy may
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request issuance of Occupancy Permits from the City Manager
as long as there are specific permittees.
In response to Councilman Sweeney, the City Attorney advised
that the matter should be heard in Court in a matter of
weeks and that a temporary restraining action may be possible.
DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE
1. RECOMMENDATIONS ON PHASE I REPORT
(68) Written Communications:
Memoran um a e March 1, 1978, from the Director
of Community Planning and Development;
(2) Report dated March 1, 1978, from the Director of
Community Planning and Development forwarding the
recommendations of the Study Committee which include
approval of the Phase I Report, payment of consultant fees,
and redefinition of the scope of work for Phase II of
the Report.
Mr. Harold Baxter, member of the consultant firm of CHNMB/
Lawrence Halprin & Associates, addressed the Council with
regard to the following items of Phase I: citizen partici-
pation, goals, economics provided by Economic Research
Associates, and development in the downtown core area.
Mayor Heckscher noted that his impression from the February 25th
joint Council/Committee meeting was that although the economic
report was quite valuable, the Council could not rely on the
recommended land uses as a guide. Mr. Baxter stated that the
consultant and the committee are of the opinion that the figures
are reliable.
Mr. Merrell advised that the proposed study area would be
expanded to include the area between the downtown core
and the freeway and possibly the Los Rios Area and up to
Trabuco Creek.
Larry Buchheim, Member of the Committee, advised that the
members wished to pursue more definite traffic counts and
cost breakdowns for downtown cleanup in order to ascertain
whether the work could be accomplished by City crews; and,
that there was some apprehension about the geographical
scope of the study and possible conflicts with nearby areas.
In response to Councilman Nash, Mr. Buchheim advised that the
present committee members would be willing to continue to
serve. Mayor Heckscher clarified that part of the task for
Phase II would be consideration of an integrated project,
rather than piecemeal development, with the City making efforts
to interest developers in a total project approach.
Acceptance of Phase I Report/Payment of Consultant Fees:
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried to accept the Phase I Report
of the Downtown Plaza and Parking Study; and, to authorize
payment in the amount of $12,600 to CHNMB/Lawrence Halprin
and Associates, for a total cost of $21,000 for the Phase I
study.
Re -definition of Phase II:
It was moved by Mayor Heckscher, seconded by Councilman Nash
and unanimously carried to authorize the Committee to do a
re -definition of Phase II, the next step of the study, to
include a re -definition of the work program and expansion
of the study area, including an evaluation of alternative,
integrated land uses for the area, and approximate cost
evaluation of specific issues; i.e., traffic and circulation,
parking, and beautification.
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Mayor Heckscher thanked the Members present for their efforts
in serving on the Committee and for their willingness to
continue to serve. Mr. Heckscher requested that Member Al
Jiminez convey his appreciation to the other Members of the
Committee.
RECESS AND RECONVENE
Council recessed at 8:55 P.M. and reconvened at 9:18 P.M.
' COMMERCIAL/INDUSTRIAL INCENTIVES COMMITTEE
1. RECOMMENDED PROGRAM
(23) Written Communications:
Report dated March 1, 1978, from the Director of
Community Planning and Development forwarding the
Recommended Commercial/Industrial Incentives Program
dated February 27, 1978, compiled by the Commercial/
Industrial Incentives Committee. The Committee's
charge was to formulate a program to attract and
encourage desirable firms to the City and to foster
conditions for the health and growth of existing
business firms. John T. Saunders, Committee Chairman,
summarized the contents of the 56 -page report. The
recommended Program Elements are as follows:
A. Develop a "Guide to Commercial and Industrial
Mayor Heckscher noted that the proposed Economic Development
Committee would be an on-going committee to serve as a vehicle
through which business people could send their input to the
Council.
It was moved by Mayor Heckscher, seconded by Councilman
McDowell and unanimously carried to receive and review the
Recommended Commercial/Industrial Incentives Program and
to authorize staff to implement the recommendations of
the Committee as City policy, subject to further City
Council direction.
City Council Members expressed their appreciation to the
Members of the Committee for their efforts in serving on the
Committee. Mr. Saunders advised that the Members of the
Committee would be willing to continue serving in a
less active role.
Mayor Heckscher noted that the Program presents a milestone
' in the community which will serve as a foundation for an
enhanced business community.
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Growth;"
B.
Promote the Desired Commercial and Industrial
Development;
C.
Develop and Implement Solutions to Problems
Affecting Existing Businesses;
D.
Form an Economic Development Committee;
E.
Develop Zoning Incentives;
F.
Funding of Promotional Projects;
'
G.
Adopt A Master Plan for Commercial
Development of the 20 -Acre Commercial
Area in the Central Business Area;
H.
Coordination with Other Public Agencies.
Mayor Heckscher noted that the proposed Economic Development
Committee would be an on-going committee to serve as a vehicle
through which business people could send their input to the
Council.
It was moved by Mayor Heckscher, seconded by Councilman
McDowell and unanimously carried to receive and review the
Recommended Commercial/Industrial Incentives Program and
to authorize staff to implement the recommendations of
the Committee as City policy, subject to further City
Council direction.
City Council Members expressed their appreciation to the
Members of the Committee for their efforts in serving on the
Committee. Mr. Saunders advised that the Members of the
Committee would be willing to continue serving in a
less active role.
Mayor Heckscher noted that the Program presents a milestone
' in the community which will serve as a foundation for an
enhanced business community.
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331
RESOLUTIONS
1. ANNUAL LICENSE FOR BINGO GAMES
PURSUANT TO ORDINANCE NO. 351
(26) It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted, pursuant
to Ordinance No. 351:
RESOLUTION NO. 78-3-1-1, LICENSE FEE - BINGO
GAMES - A RESOLUTION OF THE CITY COUNCIL OF THE
CI 4 -OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTAB-
LISHING A LICENSE FEE FOR BINGO GAMES
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
The Resolution sets the license fee at $25.00 for a term of
one year from date of issuance.
CONSENT CALENDAR
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion carried
by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated March 1, 1978, Warrants Nos. 13500
through 13598, inclusive, in the total amount of $451,763.45
is approved as submitted.
2. TRACT 7972 - RELEASE OF I
(85) Bond No. M110511 submitted by The Housing Group (formerly
Leadership Housing) in the amount of $25,000 for improvements
along the Ortega Highway, is accepted and the following
bonds are released:
Performance Bond No. 915151 in the amount of $81,000
issued by Highlands Insurance Company; and
Performance Bond No. 090952 in the amount of $93,000
issued by Argonaut Insurance Company.
3. DIVISION OF LAND 77-6 - ADOPTION OF
RESOLUTION ACCEPTING DEDICATION FOR STREET
UTILITY AND EQUESTRIAN PURPOSES
(85) The following Resolution is adopted:
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78-3-1-2. DIVISION OF LAND 77-6
`LlL IC M"OWLI/ - 4 "MJ WLV11V1\ WX 111 11111 lWuxll
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CALLING AN IRREVOCABLE OFFER OF DEDICATION FOR
DIVISION OF LAND 77-6 (SANDERSON)
7. PROPOSED CONTRACT FOR REHABILITATION
OF HOT SPRINGS DANCE HALL
(38) Action on the proposed contract is deferred until the sole
(23) bid received may be reviewed by Melvyn Green and Associates.
8. RE -ALLOCATION OF BUDGETED FUNDS -
EQUESTRIAN FACILITIES
(24) The re -allocation of $27,000 to the Equestrian Facilities
Capital Project Fund is approved, since the fund was
inadvertently deleted during the auditing period of the
1976-77 fiscal year budget and the monies returned to the
General Fund.
SOLID WASTE DISPOSAL SERVICES
(38) Proposal:
' (45)r� -request by Solag Disposal Company for a 5 -year extension
of the existing Solid Waste Collection Agreement. The
proposed Agreement provides for annual review.
Applicant:
ruman mith Disposal and Solag Disposal, P. O. Box 305,
South Laguna 92677.
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The Resolution calls the 60 -foot -wide irrevocable offer of
dedication for a commuter road, as described on the Parcel
Map filed in Book 108,Pages 17-18, inclusive, County of
Orange. The City Clerk is authorized to record the
Resolution.
'
4.
APPROVAL OF AGREEMENT FOR PUBLIC IMPROVEMENTS
ALIPAZ VILLAGE (WOOLSEY APARTMENT COXT%KT_
(38)
The Improvement Agreement between the City and C.F.C.
(67)
Development Company, 16927 Bolsa Chica Street, Huntington
Beach 92649, for a postponement of public and private
improvements until a time subsequent to the acceptance
of the Architectural Control Project known as A.C. 76-10,
is approved and the Mayor and City Clerk authorized to execute
the Agreement on behalf of the City. Bonds to cover the
costs of the improvements have been submitted and are on
file. The City Clerk is directed to record the Agreement.
5.
VEHICLES FOR BUILDING AND SAFETY INSPECTORS -
APPROVAL OF SPECIFICATIONSLL I
(75)
The specifications for three vehicles to be used by future
Building Inspectors and the Soils and Grading Inspector are
approved; the Director of Administrative Services is
authorized to advertise for bids. Bid opening is scheduled
for 2:00 P.M., March 22, 1978.
6.
DENIAL OF CLAIM AGAINST THE CITY (BROWN)
' (35)
The Application to File Late Claim and Claim for Damage filed
by Elizabeth Brown in connection with injuries allegedly
sustained on February 8, 1977, is denied and referred to the
City's insurance carrier, Dan Gorman Insurance.
7. PROPOSED CONTRACT FOR REHABILITATION
OF HOT SPRINGS DANCE HALL
(38) Action on the proposed contract is deferred until the sole
(23) bid received may be reviewed by Melvyn Green and Associates.
8. RE -ALLOCATION OF BUDGETED FUNDS -
EQUESTRIAN FACILITIES
(24) The re -allocation of $27,000 to the Equestrian Facilities
Capital Project Fund is approved, since the fund was
inadvertently deleted during the auditing period of the
1976-77 fiscal year budget and the monies returned to the
General Fund.
SOLID WASTE DISPOSAL SERVICES
(38) Proposal:
' (45)r� -request by Solag Disposal Company for a 5 -year extension
of the existing Solid Waste Collection Agreement. The
proposed Agreement provides for annual review.
Applicant:
ruman mith Disposal and Solag Disposal, P. O. Box 305,
South Laguna 92677.
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333
Written Communications:
Report dated March 1, 1978, from the Director of
Public Works.
Council Discussion:
Councilman Nash noted the following concerns: lack of open
bidding; whether use of facilities in the Los Rios Area by the
company constrains the City in any way with regard to land use;
whether it is appropriate for the City to consider reusable
waste collection.
Councilman Sweeney suggested the addition of the following
language to the agreement: "Nothing in the contract will
prohibit the City and Solag Disposal Company from engaging
in any recycling program." Mr. Sweeney also suggested that
the City should be actively assisting in relocation of the
truck parking facility in the Los Rios Area.
In response to Mayor Heckscher, the Director of Public Works
advised that the monthly service rates would be open to
negotiation at any time.
Specifications and Call for Bids:
It was moved by Councilman Nas and seconded by Councilman
Sweeney that the solid waste collections services be put
out to bid, and that specifications be drawn to include
the matter of use of the vehicle storage yard; bidders are
to indicate means to accomplish reusable waste collection.
The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash
Mayor Heckscher
NOES: Councilmen McDowell and Friess
ABSENT: None
SERRA PROJECT COMMITTEE NO. 7-A -
(79) Pursuant to the report dated March 1, 1978, from the
Director of Public Works, payment to SERRA of the City's
proportionate share of $3,000 for Treatment Plant modifi-
cations is approved. Funds are allocated in the fiscal
budget, Sewer Enterprise Fund, Operating Expenses.
REPORT ON OSO CREEK
(80) Written Communications:
Report da-t-e—d March 1, 1978, from the Director of
Public Works forwarding the Report on Oso Creek
Flood Damage and Suggested Improvements dated
February, 1978.
Mr. Bill Bathgate, 29643 Camino Capistrano, addressed the
Council and advised that in his opinion the natural Creek
channel is being degraded by some force; the channel remained
stable for 40 years, but flow has changed in the last 10
years, soil is wet and more likely to erode; `a situation
has been created upstream which has changed the naturalness
of the channel. Mr. Bathgate suggested that there should
be some responsibility on the part of those who have
brought about that change and contributed to the existing
problems. Mr. Bathgate stated that the installation of
rip rap seemed the most feasible method of alleviating
erosion problems.
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Mayor Heckscher requested that City staff contact appropriate
County and Department of Fish and Game officials to ascertain
whether either one or both of those agencies would be interested
in participating in a program of erosion control, since flora
and fauna are being lost. Mr. Heckscher also requested that
availability of State of Federal park funds be investigated
due to loss of the flora -fauna resources.
Councilman McDowell suggested that funds be allocated from the
General Fund to commence design work for presentation of
' flood control problems for Oso Creek, Del Avion, and other
problem areas.
Inclusion with 1978-79 Budget Discussions:
There was a consensus ol the Council the Director of
Public Works submit a report for presentation during
consideration of the 1978-79 fiscal budget with specific
direction on allocation of monies and derivation of funds,
including Federal and/or State park funds and possible
participation of the Santa Fe Railroad Company, so that
flood control improvements may be made.
TRAFFIC AND TRANSPORTATION COMMISSION
REQUEST FOR PROGRAM FOR STREET SWEEPING
(CAPISTRANO VILLAS)
(74) Written Communications:
Report dated arc 1, 1978, from the Director of
Public Works forwarding a proposed street sweeping
schedule for the Capistrano Villas development.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the City Engineer be authorized to post "No
' Parking --Street Sweeping" signs in accordance with the
attached sweeping schedule, with the minimum number of
signs (as shown in Plan A attached) in the Capistrano
Villas development. The motion was subsequently withdrawn.
The City Manager noted his concerns with Sheriff personnel
being requested to provide enforcement services of this
nature, since it would be a basic change in the philosophy
of the Sheriff services provided to the City by contractural
agreement.
Inclusion with 1978-79 Budget Discussions:
There was a consensus of the Council Yfi_aTthe request for
street sweeping signs and enforcement be considered in
conjunction with discussion of the 1978-79 fiscal budget.
MANAGEMENT SALARIES
1. 1977-78 REMAINING INCREASE
(66) Written Communications:
emoran um a e March 1, 1978, from the City Manager
regarding cost -of -living increases for Management
employees.
' Ratification of Increase:
It was moved by CouncilHan McDowell, seconded by Councilman
Friess and unanimously carried to ratify that the remaining
3.4 percent salary increase for 1977-78 shall be granted to
Management employees and to the City Manager, pursuant to
Section 2 of Resolution No. 77-9-7-2.
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335
2. INCREASE FOR ACTING DIRECTOR OF ADMINISTRATIVE SERVICES
(66) There was a consensus of the Council that Loretta Murray,
serving as Acting Director of Administrative Services, be
paid at Step 1, Range 34.5, $1863 per month, for the 3 -week
period until the full-time Director commences employment.
COUNCIL REMARKS
1. LOS RIOS PRECISE PLAN - BILINGUAL ASSISTANCE
(23) Councilman Friess suggested that consideration be given to
having bilingual assistance at City Hall to aid in the
dissemination of information.
2. CITY COUNCIL
(32) Councilman Nash and Mayor Heckscher expressed their
appreciation to every Council Member and to the City
staff with regard to the past four years.
ADJOURNMENT
There being no further business
was adjourned at 10:55 P.M., to
March 14, 1978, at 7:00 P.M., in
ATTEST:
yV7 0. HECKSCHER, MAYOR
before the Council, the meeting
the next meeting date of Tuesday,
the City Council Chamber.
Respectfully submitted,
i
RYANNNO E , CI CLERK
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