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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 -1- 3/1/78 327 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. -2- 3/1/78 C 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 -3- 3/1/78 329 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. -4- 3/1/78 330 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. -5- 3/1/78 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. -5- 3/1/78 331 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: -6- 3/1/78 332 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. -7- 3/1/78 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. -7- 3/1/78 333 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. -8- 3/1/78 334 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. -9- 3/1/78 335 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 -10- 3/1/78