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77-0202_CC_Minutes_Regular Meeting441 FEBRUARY 2, 1977 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAN JUAN CAPISTRANO, CALIFORNIA The Regula�r Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Nash at 7:09 P.M. in the City Council Chamber, followed by the Pledge of Alle- giance to the Flag. Invocation was given by Councilman Richard D, McDowell, ROLL CALL PRESENT: Douglas B. Nash, Mayor Yvon 0. Heekscher, Mayor pro -tem, joined the meeting at 7:18 P.M. Kenneth E. Friess, Councilman Richard D. McDowell, Councilman John B. Sweeney, Councilman STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Administrative Services/Assistant City Manager; William D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell, Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of January 19, 1977 - It was moved by Councilman McDowell and secondcl by Councilman Friess that the Minutes of the Regular Meeting of January 19, 1977, be approved as submitted, The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, and Mayor Nash NOES: None ABSENT: Councilman Heckscher MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried that all Ordinances be read by title only. ANNOUNCEMENTS 1 USAGE (go) Mayor Nash announced that a telegram had been received from R.E. Morris, President, SDG&E, advising that the Gas Company and the Public Utilities Commission are requesting that all natural gas customers curtail all non-essential and luxury uses of natural gas. Due to severe weather conditions in the eastern one-half of the country, all available supplies of natural gas are being diverted to that area. Mayor Nash request- ed that the press receive copies of the telegram in order to convey the message to the community at large for assistance in alleviating the crisis. Specific actions to curtail natural gas usage were set forth in the wire. The Director of Public Works advised that thermometers at City Hall have been adjusted. -I- 2/2/77 BIDS, CONTRACTS, AGREEMENTS 1P 1. 1977 WEED ABATEMENT - IPPROVAL OF SPECIFICATIONS AND CALL FOR BIDS (74) Council received copies of a report dated February 2, 1977, from the Director of Public Works forwarding specifications, bid proposal, and notice inviting bids for the performance of the annual weed abatement program. It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to approve the specifications for weed abatement services and to authorize the City Engineer to accept bids for said services. 2. AGREEMENT FOR SURVEYING SERVICES (74) Council received copies of a report dated February 2, 1977, from the Director of Public Works requesting renewal of the Agreement with South Coast Engineering Services for the pro- vision of construction staking. The proposed Agreement is open ended rather than having an automatic termination date. The Director of Public Works advised that the cost of services during 1976 was $1,350 and that the services are used with a great deal of discretion. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to approve the Agreement for Surveying Services with South Coast Engineering Services, to authorize the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. Councilman Heckscher arrived at 7:18 P.M. 3. DESCANSO PARK (62) Council received copies of a report dated February 2, 1977, from the Director of Public Works advising that D.W. Contract- ing Company has completed the construction of Descanso Park. Current payment status of the County -City project is as follows: Total Project Costs $45,792.80 Less 107o Retention 4)579.28 Total Due to Date 41,213.52 Previous Progress Payment 40,493.52 Final Progress Payment 720.00 It was moved by Councilman Sweeney and seconded by Councilman Friess that the following Resolution, being: RESOLUTION NO. 77-2-2-1 .FAA& kbAN JUAA UALL& A -b,31 01VI-) - R nZOVIjUll OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF DESCANSO PARK (SAN JUAN CREEK REST STOP) be adopted. The motion carried by the following vote: AYES- Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: None -2- 2/2/77 The Resolution determines that the project has been completed in accordance with the contract documents and declares the work to be accepted, directs that within 10 days from the date of acceptance a Notice of Completion be filed with the Orange County -Recorder, and determines the total amount of work per- formed under the contract is $45,792.80. -It-was moved by Councilman Sweeney, seconded by Mayor Nash and -unanimously carried to direct Staff to make payment to D.W. Contracting Company in the amount of $4,579.28 upon the expira tion of 35 days from the filing of the Notice of Completion. Council commended the City Staff for the project and requested thatp if necessary, corrective measures be underLaken to remove the furrows created by dunebuggy drivers. 3. AUDITING SERVICES REQUEST FOR PROPOSALS (22) Council received copies of a report dated February 2, 1977, from the Director of Administrative Services/Assistant City Manager forwarding proposed audit specifications and copies of a proposed Agreement for Auditing Services for a 3 -year term, and recommending that the City negotiate with the current auditor, Arthur Young and Company. It was moved by Councilman Heckscher, seconded by Councilman Sweeney and unanimously carried to approve the financial a;idit specifications and direct the Director of Administrative Services to call for bids inder the terms of a one-year Auditing Services Agreement. PUBLIC HEARINGS I (28) Council received copies of a report dated February 2, 1977, from the Director of Planning forwarding the'recommendation made by the Planning Commission at its meeting of January 25 that the ,-.-----.-,Council adopt the Residential Allocation Schedule for the years 1977P 19781 1979, and 1980, pursuant to Ordinance No. 314 (Residential Growth Management), and that consideration be given to allowing carry-over dwelling unit allocations from 1977 to 1978. The Director of Planning advised that the devel- opers listed have indicated that the allocations are acceptable. Notice having been given as required, Mayor Nash declared the Public Hearing open on the Residential Allocation Schedule for 1977, 1978, 1979, and 1980, and inquired if anyone in the audience wished to address the Council. The following persons responded: 1. Robert Mauer, 26832 Andalucia Circle, Mission Viejo, requested that he be allowed to carry over 1977 alloca- tions into 1978 due to time constraints. There being no one else wishing to address the Council, Mayor Nash declared the Public Hearing closed, Council discussed the Commission recommendation that considera- tion be given to some method of carrying over initial alloca- tions from 1977 to 1978 under the following circumstances: (1) The developer applies for consideration of carry- over prior to a set expiration date in 1977 (e.g., November 1); -3- 2/2/77 444 (2) The developer proves that his inability to obtain the allocated building permits during 1977 is due to circumstances beyond his control; (3) Carry-over would be from 1977 to 1978 only. No further carry-over would be permitted. It was the consensus of the Council that no urgency for considera- tion of carry-over allocations has been demonstrated at the present time and that the schedule should be followed; if prob- lems arise later in the year, amendments to the Growth Management Ordinance can be considered at that time. Councilman Friess stated for the record that he would encourage Mr. Maurer to work tract by tract to the extent possible rather than working simultaneously on all three tracts, due to the effect on surrounding residents; some of the Ortega Highway traffic would be alleviated, and Arroyo could be completed at an earlier date. It was moved by Councilman Friess, seconded by Mayor Nash that the following Resolution, being: RESOLUTION NO. 77-2-2-2. RESIDENTIAL ALLOCATION SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A RESIDENTIAL ALLOCATION SCHEDULE'.FOR THE YEARS 1977, 1978, 1979, AND 1980 IN ACCOR- DANCE WITH SECTIONS 5 AND 6 OF ORDINANCE NO. 314 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: None ORAL COMMUNICATIONS 1. TROPOSED STONEHILL DRIVE FREEWAY ACCESS (44) Jim Vanderhoof, 2692 Via del Rey, addressed the Council to state that the Stonehill route proposed by the County would detract severely from the quality of the valley and that 907a of the traffic load would serve County territory. 2. SCHOOL BOARD MEMBER OVERTON (78) Mayor Nash invited School Board Member Jan Overton to address the Council. Mrs. Overton advised that she was in attendance with regard to the Capistrano High School property which appears later on the Agenda and expressed the School District's appre- ciation for the traffic light installed at the intersection of Del Obispo Street and Camino del Avion. ORDINANCES 1. REZONE 76-11, TENTATIVE TRACT 9284 NO. 317 (85) 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 McDowell and seconded by Councilman Sweeney that the following Ordinance, being: -4- 2/2/77 445 ORDINANCE NO. 317, REZONE 76-11 (TENTATIVE TRACT T2_84) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293, AS AMENDED BY ORDINANCE NO. 312, BY CHANGING THE ZONING OF LOTS 1 THROUGH 3 AND 17 THROUGH 22 OF TENTATIVE TRACT 9284 FROM GM (GROWTH MANAGEMENT) TO RS (SINGLE -FAMILY) AND BY CHANGING THE ZONING OF LOTS 4 --THROUGH 16 OF TENTATIVE TRACT 9284 FROM GM (GROWTH MANAGEMENT) TO 90 -RS (20,000) be adopted. The motion carried by the following vote: 'AYES: Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: None RESOLUTIONS 1. HISTORICAL BUILDING CODE REQUESTING COUNTY ENFORCEMENT (25) Council received copies of a report dated February 2, 1977, from the Director of Administrati,re Services/Assistant City Manager forwarding the recommendation of the Cultural Heritage Commission that the City request immediate enforcement of Section 104-J of the 1976 edition of the Uniform Building Code pending adoption of the 1976 Code by the County and City. Current State legislation allows historical buildings to be viewed less stringently than other buildings if the local enforcing agency so desires. Pamela Hallan, Administrative Aide, addressed the Council to endorse the Commission recommendation, It was moved by Councilman Sweeney; seconded by Councilman McDowell that the following Resolution, being: RESOLUTION No. 77-2-2-3. HISTORICAL BUILD t-vjjrj �XIXVAUZDMAI - a nXiOuLlulluill Vr Inxi Ulix COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA1 REQUESTING COUNTY ENFORCEMENT OF THE HISTORICAL BUILDING CODE be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES- None ABSENT: None 2. ADDENDUM TO ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN (45) Council received copies of a report dated February 2, 1977, from the Director of Public Works forwarding a letter dated December 22, 1976, from the County General Services Agency requesting City approval of an addendum to the Solid Waste Management Plan. The Plan was adopted by the City Council on February 4, 1976. -5- 2/2/77 It was moved by Councilman McDowell; seconded by Councilman Heckscher that the following Resolution, being: RESOLUTION NO. 7 "noin �1 - � "�Qv�ulxvll VX Ann ��11 �Vvlx� OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONCURRING IN THE ADDENDUM TO THE COUNTYSOLID WASTE MANAGEMENT PLAN be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Hecksche.�,, and Mayor Nash NOES: None ABSENT: None 3. ENDORSING COUNTY PRIORITY PLAN - PARK BOND ACT OF 1976 (62) Council received copies of a report dated February 2, 1977, from Tom Baker, Recreation Coordinator, forwarding a proposed Resolution endorsing the Orange County Priority Plan of Expen- diture for funds derived from the Park Bond Act of 1976. Based on population, the City's share of funds is approximately $39,129. At their meeting of Janu,�.ry 26, 1977, the Park and Recreation Commission recommended that the funds be utilized for relocation and renovation of the San Juan Hot Springs Dance Hall so that the building may be used as a recreation facility and community meeting place. It is proposed that the Dance Hall would be relocated behind the Planning Department offices and that an expenditure of $2,000 be authorized for an engineering study to determine the extent of renovation. Councilman Friess suggested that the building be located near the recently -completed Descanso Park and that the bamboo area be reclaimed for this purpose and noted that the potential for nighttime use of the facility could prevent vandalism. It was moved by Councilman Friess; seconded by Councilman Sweeney to approve the recommendation of the Park and Recrea- tion Commission and the Cultural Heritage Commission that the San Juan Hot Springs Dance Hall be maintained as a permanent recreation facility; that the project be proposed for funding under the Park Bond Act of 1976 pending the results of an engineer's report; that the sum of $2,000 be allocated for the services of a structural engineer; and, that the following Resolution, being: NO. 77-2-2-5. ENDORSING PARK .FAIVnill -FLIAn Ur - A n�ov�ul�wll WX THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPIS- TRANO, CALIFORNIA, ENDORSING THE PRIORITY PLAN FOR EXPENDITURES FOR JURISDICTIONS WITHIN THE COUNTY OF ORANGE FROM THE NEJEDLY-HART STATE, URBAN, AND COASTAL PARK BOND ACT OF 1976 be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: None -6- 2/2/77 'I 4.47 4. PROPOSAL FOR PURCHASE OF CAPISTRANO UNION HIGH SCHOOL (78) Council received copies of a proposed Resolution offering to purchase the Capistrano Union High School, as requested by Councilman Sweeney on January 26. The Resolution proposes the payment of an undetermined sum for the buildings located on the site, a payment of $1.00 for the land, and an agreement to lease the buildings back to the District for $1.00 per year for the next two years at which time the City will exercise its right to full use of the site and buildings for continued --,public use. Councilman Sweeney advised that the $1.00 amount listed for the land is intended only as a means for discussion, with a commitment on the part of the City that the land, which was originally obtained from the landowners in the City, would continue in public use as part of a public facility, as a community center, and possible County library site. If the -----proposal appears feasible, staff should be directed to obtain the actual footage of building area required and, using the most recent school construction costs, estimate a dollar figure for the buildings located at the existing High School. Councilman McDowell suggested that the City Manager and School Suparintendent discuss the matter. Councilman Friess noted his concern with costs involved, and Mr. O'Sullivan advised that approximately $500,000 has been set aside in reserve funds designated for the acquisition of a community center site. Jan Overton, School Board Member addressed the Council to advise that although she could not comment on the overall merits of the proposal, the City is aware that the District is in short supply of classrooms and that the rooms at the High School will be needed until a school construction bond issue is passed. Mayor Nash advised that the City is attempt- ing to start a progression of discussion with the District. In response to an inquiry from Mayor Nash, Mrs. Overton advised that it would be appropriate for the City Manager to meet with the School Superintendent to discuss the matter, and the Mayor so directed. 5. APPROVING TENTATIVE TRACT 9284 (SMITH/KING) (85) It was moved by Councilman McDowell and seconded by Councilman Sweeney that the following Resolution, being: RESOLUT16N NO. 77-2-2-6, TENTATIVE TRACT NO. 9284 (SMITH/KING) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROV- ING TENTATIVE TRACT MAP 9284 (SMITH/KING) be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess NOES: Councilman Heckscher and Mayor Nash ABSENT: None RECESS AND RECONVENE Council recessed at 8:37 P.M. and reconvened at 9-00 P.M. with Councilman Heckscher absent from the remainder of the proceedings. -7- 2/2/77 CONSENT CALENDAR The City Manager advised of corrections to be made in the total amounts shown on the warrant list. It was moved by Councilman McDowell; seconded by Councilman Sweeney that the staff recommendations be accepted with regard to all items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, and Mayor Nash NOES: None ABSENT: Councilman Heckscher 1. APPROVAL OF WARRANTS (41) The List of Demands dated February 2, 1977, Warrants Nos. 8950 through 9077, inclusive, and 1911 Act Account Warrants Nos. 0184 through 0195, in the total amount of $120,717.94, are approved as corrected. 2 REPORT OF FUND (41) The City Treasurer's Report of Fund Cash Balances for the month of November, 1976, is ordered received and filed. 3. REPORT !ION MEETING OF (67) The Report of Actions taken by the Planning Commission at the meeting of January 25, 1977, is ordered received and filed. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. REQUEST FOR RELEASE OF FUNDS - (80) Council received copies of a report dated February 2, 1977, from the Director of Public Works forwarding a letter dated January 20, 1977, from William D. Davenport, Pastor of the Capistrano Valley Baptist Church. The Church is requesting release of $16,620 in funds for reimbursement of the cost of construction of the Master Planned Drainage Facility in Asses- sment Area L02, pursuant to the Agreement dated September 17, 1975, The L02 Drainage Area Fund presently has a negative balance of $229,000. Pastor Davenport addressed the Council in support of the request for reimbursement. It was moved by Councilman McDowell, seconded by Councilman Friess and unanimously carried to approve the request for reimbursement of funds and additionally overdraw the L02 Account. 2. BERRA PROJECT COMMITTEE NO. 10 COAST HIGHWAY LAND OUTFALL (CITY OF SAN CLEMENTE) (79) Council received copies of a report dated February 2, 1977, from James F. Thorpe, the City's representative to the South East Regional Reclamation Authority, regarding Project Com- mittee No. 10, the construction of the Coast Highway land outfall. The cost and control of the Project are the -8- 2/2/77 449 responsibility of the City of San Clemente due to that City's inclusion in SERRA. ,It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to direct the SERRA repre- sentative to vote against participating in Project Committee No. 10. 3. REPORT OF SEWER HOOK-UP ON VIA DE AGUA (MATHIS) (80) Council received copies of a report dated February 2, 1971, from the Director of Public Works regarding the request of Dennis C. Mathis, 34352 Via San Juan, Capistrano Beach, for a refund of the $425 sewer connection fee increase in conjunc- tion with the construction of a residence on Via de Agua. Council noted that the City had expended the sum of $125 for rental of a television camera in order to assist Mr. Mathis in locating the sewer lateral at the building site. .It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to deny the request for a refund of $425 Tor sewer connection charges. 4. REPORT ON CAPITAL PROJECTS, FISCAL YEAR 1976-77 (24) Council received copies of a report dated February 2, 1977, from the Director of Public Works forwarding an itemized list of the budgeted capital projects pending final concept approval, pursuant to Resolution No. 76-6-30-1. It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried to direct staff to prepare a formal list of approved capital projects for fiscal year 1976-77 for review by the Council at their meeting of February 16, 1977. DIRECTOR OF PLANNING 1. REPORT ON BEAR BRAND RANCH, PARCEL 5-A (21) Council received copies of a report dated February 2, 1977, -from the Director of Planning advising that the County Plan- ning Commission has recommended approval of a zone change for an 89 -acre parcel of land in County territory above Sun Ranch. The zone change is scheduled for consideration by the Board of Supervisors during March. The Director of Planning advised that a further report on the property will be placed on the Council Agenda for February 16 for consideration of appropriate comments to the Board of Supervisors regarding rezoning. Discussions will be commenced with other agencies and property owners regarding annexation and/or willingness to meet City concerns with access, signali- zation, and location of residences. It was the consensus of the Council that a further report be submitted at the meeting of February 16 to include recommended comments for submittal to the Board of Supervisors. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to receive and file the staff report dated February 2, 1977. -9- 2/2/77 TRAFFIC AND TRANSPORTATION COMMISSION 1. SUBDIVISION ACCESS POLICY (87) Council received copies of a report dated February 2, 1977, from George Alvarez, Secretary to the Commission, forwarding copies of the amended Subdivision Access Policy, as directed by Council on November 17. The Policy will require each sub- division to implement dual access routes; the condition may be waived if recommended by the Commission and approved by the City Council. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to adopt the Subdivision Access Policy as prepared by the Traffic and Transportation Commission for inclusion in amendments to Section 4.1.3. of the Land Use Management Code. COUNCIL REMARKS 1.- PROPOSED PURCHASE OF PRIVATE PARK SITE (62) Councilman Sweeney suggested that the City should investigate the possibility of acquiring the "Mini" park site located on Camino Capistrano, which is advertised for sale, as well as the adjacent property which could be used as a library or com- munity center meeting place. 2. COMMITTEE MEETING MINUTES (23) Councilman Sweeney suggested a policy be of Council committees formed for ad hoc distribution to all Council members and with minutes and related papers. 3. PRIVATE RETENTION OF OPEN SPACE RECREATION LANDS implemented that minutes purposes be prepared for that files be maintained (62) Councilman Sweeney requested that the City Manager report on the Municipal Improvement Act of 1913, which provides for pri- vate retention of open space lands for recreation purposes through the assessment district process, and the possibility of the City adopting an ordinance to that effect. 4. TLANNING COMMISSION VACANCY (67) Councilman McDowell suggested that new applications be requested for Council review due to the resignation of Commissioner Schwartze which will be effective March 1, 1977. The City Clerk advised that a Vacancy Notice will be posted in accordance with recent legislation. 5. LETTER TO SCHOOL DISTRICT RE !TTENDANCE BOUNDARIES (78) Councilman Friess had prepared a letter directed to the Board of Trustees of the Capistrano Unified School District as requested by Council on January 26. The Board is urged to recon- sider its proposal to split the City into three High School attendance areas and requests that further consideration be given to establishing boundaries around -community designations. It was the consensus of the Council that the Mayor be author- ized to sign the letter on behalf of the City. Copies are to be provided to the members of the press. _10- 2/2/77 I RECESS AND RECONVENE Council recessed to Executive Session for legal and personnel matters at 9:42 P.M., excused therefrom, and reconvened at 10:30 ADJOURNMENT the purpose of the City Clerk P.M. 451 discussing being There being no further business before the Council, the meeting was adjourned at 10:31 P.M. to the next regular meeting date of Wednes- day, February 16, 1977, at 7:00 P.M. in the City Council Chamber. ATTEST: DOUGLAS B,/ .,;%;KSH, MAYOR Respectfully submitted, -MARY ANN OVER, CITY CLERK 7" 2/2/77