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75-0108_CC_Minutes_Adjourned Regular MeetingJANUARY 8, 1975 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN JUAN CAPISTRANO The Adjourned Regular Meeting of the City Council was called to order by Mayor Byrnes at 7:00 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by John B. Sweeney. ROLI, CALL: COUNCILMEN PRESENT COUNCILMEN ABSENT Roy L. Byrnes, Mayor James K. Weathers, Mayor pro tem Councilman Yvon 0. Heckscher Councilman Douglas B. Nash Councilman John B. Sweeney None STAFF PRESENT: John O'Sullivan, Interim City Manager/Director of Administrative Services; William Murphy, Public Works Director/ City Engineer; George Madsen, Sr. Project Engineer; David J. Smith, Director of Planning; James Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried that the Minutes of the Regular Council Meeting of December 18, 1974, be approved with the addition of the word "Inc." at the end of item (10), Page 5. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried that the Minutes of the Regular Council Meeting of January 2, 1975, be approved as submitted. MOTION TO READ BY TITLE ONLY It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that all ordinances and resolutions be read by title only. BIDS, CONTRACTS, AGREEMENTS 1. CITY -COUNTY HEALTH SERVICES AGREEMENT - EXTENSION OF TIME FOR VECTOR CONTROL Council received copies of a letter dated December 18, 19749 from John R. Philp, M.D., Orange County Health Officer, enclosing a proposed Agreement to extend the authority of the County Health Officer to continue providing vector control functions to the City from January 1, 1975, to June 30, 1975. This function is expected to be transferred to the Orange County Mosquito Abatement District in the near future. It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to authorize the Mayor to execute the Agreement for County Health Services on behalf of the City. 2. SCHOOL SITE AND ORTEGA HIGHWAY REIMBURSEMENT CRITERIA (MAURER) At the request of the Director of Planning, this item was considered at the end of the Agenda. 3. CITY MANAGER - AGREEMENT WITH JAMES S. MOCALIS Council received copies of a proposed Agreement for City Manager services between the City and Mr. James S. Mocalis for an initial period of four years, commencing February 16, 1975. Council directed that the following changes be made in the Agreement: (1) Page 1, Paragraph 2.(a) from the last line. -1- Strike the word "reasonably" 1/8/75 ' (2) Page 1, Paragraph 3., change the wording to read as 6 follows: "As compensation for services under this employment Agree- ment, EMPLOYEE shall be entitled to an annual salary of THIRTY THREE THOUSAND ($33,000) DOLLARS, payable in the same manner as other City employees during the term of employment, prorated for any partial employment period." (3) Page 2, second paragraph of subparagraph 4.(a), change the wording to read as follows: "EMPLOYER shall compensate EMPLOYEE for the use of his automobile by the payment to EMPLOYEE of the sum of One Hundred and Fifty ($150.00) Dollars per month for each month of EMPLOYEE'S employment hereunder, prorated for any partial employment period.tt It was moved by Councilman Sweeney, seconded by Councilman Weathers and unanimously carried to approve the Agreement with Mr. James S. Mocalis for City Manager services, as amended, to authorize the Mayor to -execute the Agreement on behalf of the City, and the City Clerk to attest thereto. RESOLUTIONS 1. LIBRARY BRANCH - RESOLUTION OF SUPPORT Council received copies of a memorandum dated January 8, 19759 from the Interim City Manager forwarding a letter dated November 5, 1974, from the Orange County Department of Real Property Services, and a copy of a proposed Resolution of cooperation with the County of Orange for the location of a new branch library within the City, possibly within the pro- posed Community Center. RESOLUTION NO. 75-1-8-1: SUPPORTING ESTABLISHMENT OF LIBRARY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO EXTENDING SUPPORT AND COOPERATION FOR THE LOCATION OF A LIBRARY IN THE CITY It was moved by Councilman Heckscher, seconded by Councilman Weathers and unanimously carried that Resolution No. 75-1-8-1 be adopted. The City Clerk is directed to forward copies of the Resolution to the County Board of Supervisors and other appropriate County agencies. ORDINANCES 1. CULTURAL HERITAGE COMMISSION (ADOPTION) ORDINANCE NO. 283: ESTABLISHING A CULTURAL HERITAGE COMMISSION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CREATING AND ESTABLISHING POWERS AND RESPONSIBILITIES FOR A CULTURAL HERITAGE COMMISSION was read by title by the City Attorney. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that Ordinance No. 283 be adopted. Mayor Byrnes requested receipt of applications for membership on the Commission from the public. 2. PROPOSED ORDINANCE REGULATING TRAFFIC This item was withdrawn from the Agenda for re -submittal at a later date. CONSENT ITEMS It was moved by Councilman Weathers, seconded by Councilman Nash and unanimously carried to accept the staff recommendations with regard to the following matters: -2- 1/8/75 279 1, CLAIM FOR DAMAGES (INEZ GOLDSTEIN) Council received copies of a letter claim for damages dated December 16, 1974, from Jeffrey E. Karpel, Attorney at Law, regarding injuries allegedly sustained by his client, Inez Goldstein, on October 7, 1974, in the vicinity of the San Juan Capistrano Mission. The claim is denied and referred to the City's insurance carrier, Quinlan Insurance, Inc. Mr. Karpel is to be advised that the City does not have forms for the submission of such a claim, but that the claim is to be pre- sented with the information contained in Section 910 of the Government Code. 2. EASEMENT FOR EQUESTRIAN TRAILS, TRACTS 8319 AND 8087 (MEREDITH) The irrevocable offer to convey an easement for equestrian trails within Tracts 8319 and 8087, duly executed by the grantors, Eddy and Violet Meredith, is accepted and the City Clerk authorized to certify acceptance thereof. The easement is offered in conjunction with conditions of approval of the subject tracts. 3. EASEMENT FOR STREET, SLOPE, AND VEHICULAR ACCESS, INTERSECTIO OF AVENIDA AEROPUERTO AND CAMINO CAPISTRAN0 (STRAUB) The easement deed for street, slope, and vehicular access purposes at the intersection of Avenida Aeropuerto and Camino Capistrano, duly executed by the grantors, Arthur 0. and Cecilia P. Straub, is accepted and the City Clerk authorized to certify acceptance thereof. The site plan conditions of approval for this project included dedication for ultimate street width access and slope on the south side of Avenida Aeropuerto and the west side of Camino Capistrano. 4. PROCLAMATION - At the request of Margaret M. Arnold, Public Information Director of the Orange County Heart Association, the month of February, 1975, is proclaimed "Heart Month" and February 23, 1975, as "Heart Sunday" in the City. ORAL COMMUNICATIONS 1. REFUSE - PROPOSED PRIMA DESHECHA LANDFILL ACCESS The following persons from San Juan Hills addressed the Council regarding the La Novia/La Pata/Avenida Pico suggested access routes to the Prima Deshecha Landfill and in opposition to use of San Juan Creek Road by refuse trucks: (1) Frank Putnam, 27221-C Via Capote, regarding traffic and debris from open trucks. (2) Earl Phillips, 27151-A Calle Caballero, regarding traffic and the cost of proposed access routes. (3) Tom Tully, 27291-B Capote de Paseo, regarding proposed dual access routes and traffic should La Novia be selected as the route. (4) Victor Ellis, 27301-B Capote de Paseo, regarding refuse truck traffic in a residential area. 2. ZONING/PLANNING DEFERRAL PERIOD Mr. Charles Schlegel, representing the Stroscheim property interests, addressed the Council to request that the previous application submitted for the proposed DeNault Home Hardware Center be included in Council consideration of a request for exemption from the deferral period submitted by Mariners Savings and Loan. -3- 1/8/75 REFUSE - PROPOSED PRIMA DESHECIIA LANDFILL Due to the number of persons in the audience interested in this particular matter, the Mayor determined that this subject should be discussed at the present time. Councilman Weathers reported to the Council on a meeting of the County Board of Supervisors at which time several of the issues of concern to the City were discussed. Councilman Sweeney further reported that the Supervisors had passed a motion to continue consideration of access routes to the landfill until additional information regarding costs and accidents is obtained. RECESS AND RECONVENE Council recessed at 7:57 P.M. and reconvened at 8:17 P.M. SUBDIVISIONS AND ANNEXATIONS PERMITS. TRACT Council received copies of a report dated December 18, 1974, from the Director of Planning and copies of letters from Mr. Ed Rabalais, Vice President, Westport Home Builders, Inc., dated December 3 and 10, 1974, and January 8, 1975, regarding the status of slope landscaping on Tract 7274, which conditioned the release of building permits for Tract 7252. Mr. Rabalais addressed the Council and stated that his company is agreeing to continue the growth of the plants presently installed on the properties and that they will contract with Plant Control Corp. for maintenance of all plants in their present composition for a period of two months, including replacement of plant material which becomes unacceptable to the City within this period. After the two-month period, the homeowners association will contract for the maintenance of the landscaping. Councilman Nash stated that he had been informed that debris from the slope had accumulated against the retaining wall and that some trees were dead or dying. The Planning Director reported that Westport would remove the debris. Mr. Rabalais stated that their contract with Plant Control Corp. forwarded with the Westport letter of January 8, 1975, includes the alternate proposal for a complete maintenance program. It was moved by Councilman Sweeney, seconded by Mayor Byrnes and unanimously carried to release the building permits for Tract 7252, but not to indicate the City's acceptance of the landscaping at this time. -4- 1/8/75 CITY COUNCIL Mayor Byrnes excused himself from the meeting at 8:25 P.M. and Mayor pro tem James Weathers assumed the chair. SUBDIVISIONS AND ANNEXATIONS (Continued) 2. FINAL MAP, TRACT 5996 - DEL OBISPO TERRACE (CUNNINGHAM) Council received copies of a report dated January 8, 1975, from the City Engineer's office that the improvement plans and Final Tract Map for the Cunningham Del Obispo Terrace Tract 5996 have been processed. The developer has submitted the appropriate bonds and agreements and has furnished a check in the total amount of $18,473.68 for construction inspection, sewer connection, drainage, street light energy and park and recreation fee. The development is located adjacent to and north of Del Obispo Street between Via Bellardes and Aquacate Road. It was moved by Councilman Heckscher and seconded by Council- man Sweeney to accept Final Tract Map 5996, bonds and fees; to authorize the Mayor to execute the Public Improvement Agreement and the City Clerk to attest thereto; and, to authorize the City Clerk to execute the Tract Map on behalf of the City. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor pro tem Weathers NOES: None ABSENT: Mayor Byrnes INTERIM CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES 1. CITY CREDIT CARD AND TRAVEL POLICIES Council received copies of a report dated December 30, 1974, regarding the proposed City Council general purpose credit card policy for use of the City Mastercharge from the Interim City Manager. Copies of the current City travel policy were forwarded also. It was moved by Councilman Heckscher and seconded by Councilman Sweeney that the general purpose policy for use of the City credit card be approved as submitted. The motion carried by the following vote: AYES: NOES: ABSENT: Councilmen Sweeney, Nash, Heckscher and Mayor pro tem Weathers None Mayor Byrnes It was the consensus of the Council that Section 5.1. of the City transportation and travel policy, as set forth in the Administrative Policy Manual, be amended to indicate that travel under 300 miles shall not be by first class accommodation. -5- 1/8/75 2. 3. REPORT ON COMMUNITY QUESTIONNAIRE Council received copies of a memorandum dated December 18, 1974, from the Interim City Manager forwarding an analysis of the results of the Community Questionnaire performed by Robert Heidenrich, Steve Rudd and Chris Sander of UC Irvine. The analysis includes suggestions on questionnaire design for use in future surveys. The report was received for information. CITY MANAGER - REQUEST FOR RETURN OF APPLICATIONS The Interim City Manager informed Council that Public Manage- ment Services has requested the return of the original applications submitted for the position of City Manager, pursuant to their Agreement with the City. Authorization to return the applications was so ordered by Mayor pro tem Weathers. CITY ATTORNEY 1. CITY CODE - STATUS REPORT The City Attorney reported that his office has completed their list of proposed new ordinances to be included in the City Code and has commenced the proposed Table of Contents. Copies of the written report dated January 8, 1975, will be forwarded to the City Council. CITY CLERK 1. REQUEST FOR USE OF COUNCIL CHAMBER F Council received copies of a memorandum dated January 8, 19759 from the City Clerk forwarding an application for use of the City Council Chamber of January 23, 1975, from 7:30 P.M. to 9:30 P.M. submitted by Ms. Ginger Coff, Manager, Capistrano Villas Homeowners Association No. 2, for their annual meeting. The $10 deposit fee has been paid. It was moved by Councilman Heckscher and seconded by Council- man Nash that the request be approved. The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor pro tem Weathers NOES: None ABSENT: Mayor Byrnes CITY COUNCIL Mayor Byrnes returned to the meeting at 8:40 P.M. and resumed the chair. IRECTOR OF PLANNING 1. AGRICULTURAL PRESERVATION STUDY - AUTHORIZATION TO REQUEST PROPOSALS AND APPOINT STEERING COMMITTEE Council received copies of a report dated January 8, 19759 from the Director of Planning forwarding a report setting forth the scope of work involved in the preparation of a study to determine ways in which agriculture can be preserved in the City and the potential costs therefor. -6- 1/8/75 2. '288 It was moved by Councilman Weathers and seconded by Councilman Sweeney to accept the scope of study for a report entitled "Methods for the Preservation of Agriculture in San Juan Capistrano, California"; to direct staff to advertise for requests for proposals from consultants for said study and set February 19, 1975, as the deadline forthe receipt of such requests; and, to authorize the Mayor to appoint the Steering Committee. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that the motion be amended so that the composition of the Steering Committee is as follows: Two members of the Planning Commission; Two members of the City Council; Three members from the citizenry who are residents of the City; Two representatives of the Landowners. The primary motion passed unanimously, as amended. The Director of Planning advised Council that the Planning Commission has nominated Commissioners Friess and Davies as Steering Committee members. Council received copies of a report dated January 8, 1975, from the Director of Planning regarding the request of Mariners Savings and Loan that the proposed Goodyear Tire Center within the San Juan Plaza project be exempted from the deferral period. The Planning Director's report also noted that the proposed DeNault Home Hardware Center relocation and the proposed medical/dental complex on the Cooper property at Paseo Adelanto and Del Obispo Street are in circumstances similar to the Goodyear Tire Store. Council also received copies of a letter dated December 13, 19742 from Thomas J. O'Keefe, attorney at law, representing Mariners Savings and Loan, stating that the proposed tire store is consistent with the General Plan and will be consistent with the revised Land Use Regulations. Mr. O'Keefe addressed the Council. It was moved by Councilman Weathers and seconded by Councilman Sweeney that Resolution No. 75-1-8-2, exempting the Goodyear Tire Store, the DeNault Home Hardware Center, and the medical/ dental complex from the deferral period, be adopted and that future projects with similar circumstances be reviewed on a case -to -case basis. It was moved by Councilman Heckscher and seconded by Councilman Nash that the motion be amended to specifically exclude the DeNault Home Hardware Center and the medical/dental complex from the scope of the motion. The Resolution reads as follows: RESOLUTION NO. 75-1-8-2: GRANTING EXEMPTION FROM DEFERRAL PERIOD RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN C ISTR O FINDING AND DETERMINING THAT THE GOODYEAR TIRE STORE PROJECT MERITS EXEMPTION FROM THE PROVISIONS OF ORDINANCE NO. 265 AND 278 The motion carried by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSENT: None -7- 1/8/75 The primary motion, as amended, passed by the following vote: AYES: Councilmen Sweeney, Nash, Heckscher and Mayor Byrnes NOES: Councilman Weathers ABSENT: None 3. TREES - POLICY FOR REMOVAL ON PUBLIC PROPERTY AND EASEMENTS Council received copies of a report dated December 18, 19749 from the Director of Planning regarding City procedures for meeting the requirements of Ordinance No. 248 pertaining to the protection of trees. Council directed that the City Attorney prepare the appropriate enacting Ordinance so that the Tree Inspector (the Planning Director) will conduct the public hearings and property in question will be posted. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. REQUEST FOR IMPROVEMENTS - CAMINO CAPISTRANO (KOEBERLE) Council received copies of a memorandum dated January 8, 1975, from the Director of Public Works with a review of the scope of the obligations of the properties affected should a combined street improvement -utility undergrounding project be implemented on the east side of Camino Capistrano. Council also received copies of a letter dated December 15, 1974, from Maurice and Hazel Koeberle requesting said improvements. It was moved by Councilman Nash, seconded by Councilman Sweeney and unanimously carried to direct staff to prepare a report covering the procedures for assessment districts and scope of work with cost estimates for the improvement of the east side of Camino Capistrano. 2. S.E.R.R.A. PROJECT COMMITTEE 5 - BUDGET REVISION Council received copies of a memorandum dated January 8, 1975, from the Director of Public Works regarding a request from S.E.R.R.A. Project Committee No. 5 (Ocean Outfall) for a budget revision in the amount of $80,941.00, which would increase the total Project Committee No. 5 budget from $196,300.00 to $277,271.00. Mayor Byrnes directed that the Public Works Director (the City's representative on S.E.R.R.A.) place a motion at the next meeting of S.E.R.R.A. that any requests for action from another agency be approved by the S.E.R.R.A. Board of Directors before their staff proceeds on such requests; and, that the Board be advised that the City requests tightened accountability on their part. It was moved by Councilman Weathers and seconded by Councilman Sweeney to adopt Resolution No. 75-1-8-3 approving the revised budget for Project Committee No. 5 in the amount of $277,271.00; increase the authorization from the City's Sewer Enterprise account from $22,835 to $34,260 to fund the City's capacity allocation charges in S.E.R.R.A. Project Committee No. 5 (Ocean Outfall). The motion failed by the following vote: AYES: Councilman Weathers and Mayor Byrnes NOES: Councilmen Sweeney, Nash and Heckscher ABSENT: None -8- 1/8/75 3. PRIMA DESHECHA DISPOSAL SITE Council received copies of a memorandum dated January 8, 1975, from the Director of Public Works regarding access routes to the Prima Deshecha Solid Waste Disposal Site.. Council discussed the City's position in favor of dual access routes to the Prima Deshecha disposal site and the type of presentation to be made to the Board of Supervisors on January 21, 1975. 4. RAILROAD GRADE SEPARATION PROJECTS (PUC) Council received copies of a memorandum dated January 8, 1975, from the Director of Public Works regarding the possible submittal of railroad grade separation projects to the Public Utilities Commission for funding. It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried that no action be taken at this time but that staff be directed to prepare reports for future funding submittals. COUNCIL REMARKS 1 2 3 COUNCIL CHAMBER MICROPHONES Councilman Nash requested that the microphone system in the Council Chamber be inspected and improved. FINANCIAL REPORTS Councilman Nash inquired into the status of the City's financial reports. The Director of Administrative Services advised that they would be completed in approximately one month. REFUSE - FORSTER CANYON DUMP SITE Councilman Nash inquired into the status of the Forster Canyon Dump Site. The Director of Public Works advised that he has been informed that the County plans to cease operations at that location by June 30, 1975. 4. SUBDIVISIONS 5. Councilman Nash commented on the development of a tract west of the City near Del Obispo Street requiring the extension of Del Avion. COMMUNITY CENTER COMMITTEE Council received copies of a report of the Community Center Committee meeting of January 8, 1975, and Councilman Sweeney reported to the Council. The Committee has determined the following: (1) That the community center should not be tied to the agri- cultural issue. (2) That the plaza park concept should be explored further. (3) That the City should make contact with the Capistrano Unified School District for the purpose of obtaining the old gymnasium for the City's recreation program; however, the linking of the old gymnasium and a community center site is not advocated at this time. (4) That the concept of linking community center facilities and the school administration center is not advocated at this time. Councilman Sweeney stated that a scale map of 'the proposed community center will be available for Council consideration in the near future. -9- 1/8/75 V,5 APPROVAL OF WARRANTS It was moved by Councilman Heckscher, seconded by Councilman Nash and unanimously carried to approve the List of Demands dated January 8, 1975, Warrants Nos. 4488 through 4540, inclusive, and Warrants Nos. 0142, 0143, and 0144 drawn on the 1911 Act Account. RECESS AND RECONVENE Council recessed to Executive Session at 11:00 P.M. and reconvened at 12:02 A.M., January 9, 1975. IMBURSEMENT OF FUNDS SITE AND STREET RIGHT-OF-WAY RESOLUTION NO. 75-1-8-3: ESTABLISHING REIMBURSEMENT POLICY - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING CRITERIA FOR THE REIM- BURSEMENT OF FUNDS EXPENDED FOR THE ACQUISITION OF SCHOOL SITE AND RIGHTS-OF-WAY FOR ORTEGA HIGHWAY. It was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that Resolution No. 75-1-8-3 be adopted. APPROVAL OF TENTATIVE TRACT 7673 (LEADERSHIP HOUSING SYSTEMS, INC.) It was moved by Councilman Weathers, seconded by Councilman Sweeney and unanimously carried to approve the Agreement between the City and Leadership Housing Systems, Inc., dated January 8, 1975, setting forth conditions and approving Tentative Tract 7673, to authorize the Mayor to execute the Agreement on behalf of the City, and the City Clerk to attest thereto. STANDARD -PACIFIC TENTATIVE TRACT 8485 It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that a letter be written to Standard - Pacific expressing with regret that since they are unable to meet the City's terms of approval for Tentative Tract No. 8485, the City is unable to enter into the Agreement. PF.RSONNF.T. 1. AUTHORIZATION TO PAY BONUS - DIRECTOR OF PLANNING It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that the City make a bonus payment of $750.00 to Planning Director David.J. Smith in recognition of his outstanding efforts in working with and producing the recently adopted General Plan. 2. CAPISTRANO SCHOOL DISTRICT GROWTH COMMITTEE It was the consensus of the Council that Mr. W.H. Weisgerger, 26421 Arbor Road, be nominated as this City's representative to the Capistrano Unified School District Growth Committee, if he were willing to serve. 3. LEAGUE OF CALIFORNIA CITIES - CITIZENS' DIRECTION FINDING COMMISSION It was the consensus of the Council that Mr. W.H. Weisgerger be nominated to fill an existing vacancy on the Citizens' Direction Finding Commission of the Orange County Division of the League of California Cities, if he were willing to serve. -10- 1/8/75 ADJOURNMENT There being no further business before the Council, was adjourned at 12:06 A.M., January 9, 1975, to the meeting date of Wednesday, January 15, 1975, at 7:00 City Council Chamber. APPROVED: 287 the meeting next regular P.M. in the Respectfully submitted, MARY ANAY ANOVER, CITY CLERK -11- 1/8/75