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78-0315_CC_Minutes_Regular Meeting346 MARCH 15, 1978 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. MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ' ABSENT: None ORAL COMMUNICATIONS 1. PLANNING COMMISSION ITEMS (67) Robert Davies, Chairman of the Planning Commission, advised that the Commission had taken the following actions on the ridgeline designation for the Frost property and the rezone of the Ortega Properties project: (46) (1) Frost - denied the determination of consistency with the General Plan and recommended that the property be included in General Plan Amendment 78-1 for a determination of whether the Land Use Map should be modified to delete a portion of the ridgeline. (95) (2) Ortega Properties - took exception to the traffic circulation and air quality impacts of the Environ- mental Impact Report; and, denied the rezone since approval was not received from the property owners to continue the Public Hearing. The Commission requested that if the matter is appealed to the Council, it be referred back for further study; there was also a request that the project be studied by a citizens' committee. In response to Mayor Friess, the Director of Community Planning and Development advised that the rezone could be reconsidered by the Commission with the applicant's consent; otherwise, a City Council Public Hearing will be conducted. Mayor Friess suggested that the applicant request reconsideration by the Planning Commission in order to avoid further delays. -1- 3/15/78 The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Friess at 7:05 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Mike Allen, Community Christian Church. ROLL CALL PRESENT: Kenneth E. Friess, Mayor James F. Gary L. Thorpe, Mayor pro tem Hausdorfer, Councilman Phillip R. Schwartze, Councilman ABSENT: None ' OFFICE VACANT: One 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. MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ' ABSENT: None ORAL COMMUNICATIONS 1. PLANNING COMMISSION ITEMS (67) Robert Davies, Chairman of the Planning Commission, advised that the Commission had taken the following actions on the ridgeline designation for the Frost property and the rezone of the Ortega Properties project: (46) (1) Frost - denied the determination of consistency with the General Plan and recommended that the property be included in General Plan Amendment 78-1 for a determination of whether the Land Use Map should be modified to delete a portion of the ridgeline. (95) (2) Ortega Properties - took exception to the traffic circulation and air quality impacts of the Environ- mental Impact Report; and, denied the rezone since approval was not received from the property owners to continue the Public Hearing. The Commission requested that if the matter is appealed to the Council, it be referred back for further study; there was also a request that the project be studied by a citizens' committee. In response to Mayor Friess, the Director of Community Planning and Development advised that the rezone could be reconsidered by the Commission with the applicant's consent; otherwise, a City Council Public Hearing will be conducted. Mayor Friess suggested that the applicant request reconsideration by the Planning Commission in order to avoid further delays. -1- 3/15/78 347 2. REQUEST FOR FLOOD CONTROL ON AGRICULTURAL (68) Shigeru Kinoshita, 27015 Calle Real, Capistrano Beach, (80) owner/operator of 60 acres of farmland, addressed the Council with regard to crop and soil damage problems caused by water runoff from the recent rains. Mr. Kinoshita stated that the City had an obligation to save farmlands and an opportunity to do so, and invited Council Members to view the damage and loss of top soil and incursion of silt, rock and debris. — Mr. Kinoshita advised that he would be filing a claim against the City for his losses. Mr. Charles Vermeulen, 11591 Cielo Place, Santa Ana, owner of farmland on Del Obispo Street, addressed the Council with regard to installation of approximately 200 feet of storm drain and water line repairs at an estimated cost of $26,000 - $31,000, and stated he would be willing to consider paying for the improvements provided he were assured of reimbursement. Mr. Vermeulen read a letter from Western Market Growers, lessees of his land, regarding crop damage, negligence, and expected compensation; stated that his requests for permission to sell beer and wine and to expand the ranch market were denied and requested "No Trespassing" signs were not installed. Mr. Vermeulen then stated that unless he is guaranteed a reasonable return on his investment, he would refuse to plant crops after 1978. In response to Mayor Friess, the Director of Public Works advised that the storm drain installation is planned in the budget for 3 phases, one in 1977-78, the second in 1978-79, with the third phase undefined; that T.J. Meadows has been appointed as agent to serve on behalf of the Water District; and, that preliminary work has been done on the possibility of seeking grant funds for protection of public properties. With the concurrence of Council, Mayor Friess requested that staff submit a report as soon as possible on actual damages to the area, possible means of installing the storm drain, including Mr. Vermeulen's offer to install the drain, use of Agriculture Preserve funds, and scope of the problem. 3. TRAFFIC AND TRANSPORTATION COMMISSION ATTENDANCE (23) Richard Nelson, Member of the Traffic and Transportation Commission, advised that he was in attendance to answer any questions regarding recommendations made by the Commission. PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION ACTION - GENERAL PL N RIDGELINE DESIGNATION (MST) (46) Proposal: nFnpeal of the Planning Commission determination that a proposed residence located on a designated General Plan ridgeline is inconsistent with the goals, policies and objectives of the General Plan. Applicant: Jess Frost, 26851 Mission Hills Drive. -2- 3/15/78 Written Communications: Report dated March 15, 1978, from the Director of Community Planning and Development, forwarding the recommendation made by the Planning Commission at its meeting of February 28th that the proposed grading be found inconsistent with the ridgeline preservation policies of the General Plan and that General Plan Amendment 78-1 include consideration of deletion of a portion of the protected ridgeline designation from the Frost property. ' (2) Letter dated March 14, 1978, from Fred Pratt, 30181 Outpost Road, in opposition to granting of the appeal. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open and inquired if anyone in the audience wished to address the Council. The following persons responded: (1) Jess Frost, applicant, stated that if the project were found consistent with the General Plan, he would be willing to unconditionally dedicate development rights for the remainder of the ridgeline property, install landscaping as requested, and that the property would be limited to no more than an additional 5 dwelling units on 5 -acre parcels by means of zoning designation. (2) Robert Davies, Chairman of the Planning Commission regarding consideration of the request as part of General Plan Amendment 78-1. (3) Thulin Cutler, 30171 Silver Spur Road, representing the Mission Hills Homeowners Association, presented a petition containing 40 signatures in opposition to granting the appeal and in support of the General Plan ridgeline designation. There being no one else wishing to address the Council, the Public Hearing was declared closed. Continuance of Public Hearing: It was moved by Councilman -Thorpe, seconded by Councilman Schwartze and unanimously carried to request staff to work with Mr. Frost towards establishing mutually acceptable conditions of approval for report at the next meeting so that Council may determine whether the project should be found consistent with those conditions or be included within a General Plan Amendment. The Planning Commission is to be given an opportunity to comment. Mayor Friess then declared the Public Hearing re -opened and continued to the next regular Council meeting of April 5, 1978. 2. ESTABLISHMENT OF AGRICULTURE PRESERVE (COLE) (68) Proposal: Es�aTi shment of an approximate 3.4 -acres of land as an agricultural preserve, pursuant to Section 51230 of the Government Code requiring a Public Hearing prior to execution ' of an Agriculture Preserve Contract. Under the provisions of the Land Conservation Act of 1965 (the Williamson Act) property taxes would be reduced to 10% of the current assessment. Applicant: Jarold B. Cole, 31501 Los Cerritos Avenue. -3- 3/15/78 Written Communications: (1) Report dated Ma ci 15, 1978, from Loretta A. Murray, Administrative Assistant, advising that the State Franchise Tax Board must review and approve the signed contract prior to any re -assessment of the property. Staff has found the project consistent with the General Plan designation of Interim Open Space (Agriculture), compatible with adjacent land uses, and in conformance with the Land Use Management Code. Public Hearing: Notice having -been given as required by law, Mayor Friess declared the Public Hearing open and inquired if anyone in the audience wished to address the Council. The following persons responded: _ (1) Leonor E. Hammond, 31141 Los Cerritos Avenue, presented a petition containing 17 signatures requesting immediate and continuing corrective measures to assure the health and well-being of the neighborhood and citing offenses caused by the operation of the Cole Egg Ranch. Mrs. Hammond requested that the petition and her remarks be taken into con- sideration and that the preserve status be granted only after appropriate cleanup of the property. There being no one else wishing to address the Council, the Hearing was declared closed. Mayor Friess clarified that the petition constitutes a formal complaint; the City Manager advised that Mr. Cole is expected to comply with Health Department standards. Public Hearing Re -Opened: Mayor Friess then re -opened the Public Hearing and the following persons addressed the Council: (1) Jarold B. Cole, applicant, advised that if the agriculture preserve status is granted, he would comply with his neighbors' wishes and those of the City to the best of his ability, and that financial relief created by the contract will be utilized for that purpose. Mayor Friess then declared the Public Hearing closed. Adoption of Resolution Designating Agricultural Preserve: At the request of the City Attorney, it was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 78-3-15-1, AGRICULTURAL PRESERVE (COLE) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN _ JUAN CAPISTRANO, CALIFORNIA, DESIGNATING 3.4 MORE OR LESS ACRES OF LAND LOCATED ON LOS CERRITOS AVENUE AS AN AGRICULTURAL PRESERVE The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None -4- 3/15/78 350 The Resolution is to include monitoring of the existing conditions so that the operation is not allowed to create any adverse environmental impacts. RESOLUTIONS 1. CITY BANK ACCOUNTS - AUTHORIZED SIGNATURES (41) It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION 78-3-15-2, CITY BANK ACCOUNTS - AUTHORIZED I URE - RE U ION OFTHE CITY COUNCILOF THE ISO AN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING DEPOSIT ACCOUNTS WITH THE SAN JUAN CAPISTRANO BRANCHES OF BANK OF AMERICA, CALIFORNIA FIRST BANK, CAPISTRANO NATIONAL BANK, SECURITY PACIFIC NATIONAL BANK, HOME FEDERAL SAVINGS AND LOAN, BRENTWOOD SAVINGS AND LOAN, AND GIBRALTAR SAVINGS AND LOAN, AND AUTHORIZING SIGNATURES THEREFOR The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None The Resolution authorizes the Mayor, Mayor pro tem, and City Treasurer to draw checks on the City's accounts and authorizes the use of facsimile signatures of the Mayor and Mayor pro tem. 2. INVESTMENT OF CITY FUNDS (41) It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION 78-3-15-3, INVESTMENT OF CITY FUNDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING AUTHORITY TO INVEST OR REINVEST FUNDS OF THE CITY TO THE CITY TREASURER The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None The Resolution delegates the authority for investing City funds to the City Treasurer until such authority is revoked; requires the signatures of the Mayor, Mayor pro tem and City Treasurer on all investments or re -investments; and authorizes the use of facsimile signatures of the Mayor and Mayor pro tem. CONSENT CALENDAR It was moved by Councilman Thorpe and seconded by Councilman Schwartze that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: -5- 3/15/78 351 AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated March 15, 1978, Warrants Nos. 13599 through 13695, inclusive, in the total amount of $124,030.85 is approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF FEBRUARY (41) The City Treasurer's Report of Investments as of February 28, 1978, is approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of February 28, 1978, is approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (41) The City Treasurer's Summary Statement of Fund Cash Balances for the ten-month period ending December 31, 1977, is approved as submitted. 5. REPORT OF PLANNING COMMISSION MEETINGS OF FEBRUARY 14 AND 28, 1978 (67) The Report of actions taken by the Planning Commission at the meetings of February 14 and 28, 1978, is ordered received and filed. 6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF FEBRUARY 27, -1-9.7-8 (23) The Report of actions taken by the Equestrian Commission at the meeting of February 27, 1978, is ordered received and filed. 7. RELEASE OF BONDS TRACT 8786 ZELLNE CO MUNITIE (85) The public improvements for Tract 8786 are accepted and the following bonds are released: Labor and Material Bond No. 002651 in the amount of $23,400, issued by Covenant Mutual Insurance Company. Monumentation Bond No. 002652 in the amount of $1,500 issued by Covenant Mutual Insurance Company. The following bond is extended to March 15, 1979: Faithful Performance Bond No. 002651 in the amount of $23,400, issued by Covenant Mutual Insurance Company. 8. RELEASE OF BONDSTRABUCO CREEK ROAD ADJACENT TO VILLAGE 6AN JUAN, ur 7 , 7542, 7672, and 7760 (ZELLNER COMMUNITIES) (85) The public improvements for Trabuco Creek Road are accepted and the following bonds are released: -6- 3/15/78 352 Labor and Material Bond No. 001662 in the amount of $295,000, issued by Covenant Mutual Insurance Company. The following bond is extended to March 15, 1979: Faithful Performance Bond No. 001662 in the amount of $295,000, issued by Covenant Mutual Insurance Company. 9. TRACT 6381, AGREEMENT FOR ACCESS D I (85) The 5 -party Agreement between the City and Daon Corporation, John Livicich/Nick Corcovellos, Mission Hills Ranch, Inc., and Fredricks Development Corporation is approved and the Mayor and City Clerk authorized to execute the Agreement on behalf of the City. The Agreement provides access to Mission Hills Ranch II Tract 6381 by crossing Daon Corporation Tract 10103. 10. REJECTION OF BIDS AND AUTHORIZATION TO RE -ADVERTISE SPRING6 DANCE HALL) (23) The bid submitted by Miles and Kelley Construction Company in the amount of $185,520 for the relocation and rehabilita- tion of the Hot Springs Dance Hall is rejected and the City Manager is authorized to revise the plans and specifications and re -advertise for bids. 11. DENIAL OF CLAIM FOR DEFENSE AERIAL VE TI I G, ET AL) (35) The Claim for Defense submitted by Arnold L. Ross on behalf of Albert Martin Sibi, Charles Albright and Newport Aerial Advertising, in connection with the aircraft accident which occurred on May 28, 1977, is denied and referred to the ' City's insurance carrier, Dan Gorman Insurance. 12. DISASTER ASSISTANCE - NOTIFICATION TO THE PUBLIC (89) An expenditure not to exceed $500 is authorized for display ads to notify the general public of the Orange County Tax Assessor's intent to adjust the assessed valuation of properties damaged by flood and storm waters in order to reduce property taxes. 13. FEDERAL DISASTER ASSISTANCE - DESIGNATION OF LOCAL AG_MrT__MR RELIEF APPLICATIONS (89) The following Resolution is adopted: RESOLUTION NO. 78-3-15-4, FEDERAL DISASTER ASSISTANCE - LU ION OF THE CITYCOUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FOR DESIGNATION OF APPLICANT'S LOCAL AGENT The Resolution designates the City Manager as the City's agent to execute and file all applications and agreements under the Federal Disaster Relief Act and the President's ' Disaster Relief Fund for the purpose of assessment and certification of public damage incurred from recent storms. -7- 3/15/78 353 TREE REMOVAL PERMIT - ALIPAZ VILLAGE C.F.C. D ELOPMENT OOL EY (74) The proposal is the removal of 3 trees located within the public right-of-way of Alipaz Street in order to complete required improvements. In response to Councilman Hausdorfer, the Director of Community Planning and Development advised that the developer would be encouraged to relocate the trees. It was moved by Councilman Thorpe, seconded by Councilman Hausdorfer and unanimously carried to confirm the determina- tion of the Tree Inspector and authorize the issuance of the tree removal permit. CAMINO CAPISTRANO IMPROVEMENT PROJECT AMENDMENT TO CITY PARTICIPATION (74) The proposal is an increase in City participation in the (44) Camino Capistrano Improvement Project in the amount of $40,000 due to County withdrawal of City Engineers Flood Control Advisory Committee (CEFCAC) funds. The Director of Public Works advised that the fund withdrawal was solely due to priorities of County regional needs. It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to approve the additional expenditure of $40,000 for a total of $154,000 of City participation in the Camino Capistrano Improvement Project. Funds are allocated in the 5 -year budget as follows: Gas Tax Funds, $100,000, LO1 Drainage fund, $80,000, for a total revenue source of $180,000. REVIEW OF COMMISSION APPOINTMENTS (23) Council received copies of a report dated March 15, 1978, from the City Manager advising that Ordinance 321, Section I, provides that terms of office for advisory Commission and Board Members expire on April 30th of each year. If new appointments are not made, the Members remain in office. It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried that no action be taken on the list of Board and Commission Members for a period of 90 days, except for appointments to fill vacancies. With the concurrence of the Council, Mayor Friess directed that appointments to the Planning Commission and Traffic and Transportation Commission be held over for consideration on April 5, 1978. COUNCIL ACTIONS 1. CITY COUNCIL VACANCY - TO BE FILLED BY APPOINTMENT (32) At the request of Mayor Friess, the City Clerk provided the following information with regard to procedures for filling the vacancy on the City Council caused by the resignation of Richard D. McDowell on March 14, 1978: Within 30 days from the commencement of the vacancy, the Council must either fill the vacancy by appoint- ment or call a special election for that purpose, the election date being November 7, 1978. The person appointed or elected holds office for the unexpired term of the former incumbent. -8- 3/15/78 354 Councilman Thorpe suggested that Council receive applications from persons interested in serving and that a 2 -person screening committee be formed. Receipt of Appy olications: Y was move uncilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to exclude the election process for filling the vacancy and to determine that appointment shall be made within 30 days of March 14th, The Council is to establish a 2 -member screening committee ' to review applications for presentation to the Council at the meeting of April 5, 1978; applications are to include a resume and statement of reasons the applicant desires the appointment, and are to be filed with the City Clerk on or before March 29th. Screening Committee: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried that Mayor Friess and Mayor pro tem Thorpe be designated as the Screening Committee to review the applications for the benefit of the Council. 2. MAYOR'S MEETING (32) Mayor Friess advised that Mayor pro tem Thorpe will attend the monthly Mayor's Meeting of Commission Chairmen and Secretaries. Mr. Thorpe will establish the date and time of the first meeting. 3. LEAGUE OF CALIFORNIA CITIES, ORANGE COUNTY DIVISION - APPOINTMENT OF DELEGATE ANBTERN rh (61) Appointment of Delegate: It was moved by Mayor Friess, seconded by Councilman Schwartze and unanimously carried that Councilman Gary L. Hausdorfer be appointed as the City's Delegate to the Orange County ' Division of the League of California Cities. Appointment of Alternate: It was moved by Councilman Hausdorfer and seconded by Councilman Thorpe that Councilman Phillip R. Schwartze be appointed as the City's Alternate representative to the Orange County Division of the League of California Cities. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Thorpe and Mayor Friess NOES: None ABSTAIN: Councilman Schwartze ABSENT: None 4. CITY REPRESENTATIVE TO SERRA (79) In response to Mayor Friess, Councilman Thorpe advised that he would be willing to continue as the City's representative to SERRA for the present time. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried that Councilman Thorpe continue as the City's representative on the Board of Directors of the Southeast Regional Reclamation Authority. -9- 3/15/78 3,55 5. APPOINTMENT TO AGRICULTURE PRESERVATION COMMITTEE (23) Mayor Friess advised that Councilman Hausdorfer would continue to serve on the Agriculture Preservation Committee, that the Planning Commission should be requested to appoint a representative to the Committee, and that a farming member be requested to serve. It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried that Shigeru Kinoshita be nominated as the farming representative and permanent member of the Committee. Mr. Kinoshita indicated his willingness to serve. COUNCIL REMARKS 1. PROPOSED COMMITTEE APPOINTMENTS AND CITY REPRESENTATION (23) Mayor Friess requested that Council also consider representation on the Commercial/Industrial Incentives Committee and the Civic Center Committee at the meeting of April 5, 1978. (61) Councilman Schwartze advised that a public member vacancy exists on the Local Agency Formation Commission and that elected member vacancies exist on the Orange County Criminal Justice Council. Mr. Schwartze suggested that the southern portion of the County should be represented on these organizations. 2. SCHOOL DISTRICT LETTER RE SENATE BILL 201 (78) Councilman Thorpe requested that the letter dated March 9, 1978, from the Capistrano Unified School District be placed on the City Council Agenda of April 5, 1978, for information and discussion. With the consensus of the Council, Mayor Friess so directed. 3. THE "TO DO" LIST (32) The City Manager advised the Members of the Council that the "To Do" List consists of items referred by the Council to Commissions, Committees or Staff when further report is desired; entry of an item on the List should be accomplished by Council motion. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:10 P.M., to the next meeting date of Wednesday, April 5, 1978, at 7:00 P.M., in the City Council Chamber. ATTEST: Respectfully submitted, i -10- 3/15/78