77-0420_CC_Minutes_Regular Meeting16 APRIL 20, 1977
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Heckscher at
7:13 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Harold J.
Lickey, Seventh-Day Adventist Church.
ROLL CALL PRESENT: Yvon 0. 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 Planning; James S. Okazaki, City Attorney; Mary Ann Hanover,
City Clerk.
MINUTES
It was moved by Councilman Nash and seconded by Councilman Sweeney
that the Minutes of the Regular Meeting of April 6, 1977, b ---
approved assubmitted. 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, seconded by Councilman McDowell
and unanimously carried that all Ordinances by read by title only.
ORAL COMMUNICATIONS
1. ESTABLISHMENT OF EQUESTRIAN COMMISSION
(23) The following persons addressed the Council in support of
the establishment of an Equestrian Commission as a separate
entity from the Parks and Recreation Commission:
1. Dan Bradley, 27085 Calle Dolores, Capistrano Beach,
President, Capistrano Valley Horsemen's Association.
2. Ilse Byrnes, 28355 Ortega Highway. Mrs. Byrnes also
requested that the time limit for the Equestrian
Subcommittee be extended due to major planning concerns
in connection with C. Russell Cook Park.
3. Diane Starnes, 31492 Paseo Christina.
4. John Taggert, 16682 Ross Lane, Huntington Beach, Area
Director, Equestrian Trails, Inc.
2. TREE REMOVAL PERMIT APPLICATION,
TRACT 7387 (VILLAGE SAN JUAN)
(85) Ronald Lais, 1200 North Main Street, Santa Ana, Attorney at
Law representing the Board of Directors of Village San Juan,
addressed the Council to request approval of the original
landscaping plan submitted by Zellner Communities, Inc.
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3. COUNCILMANIC DISTRICTS
(32) Fred Speshyock, 30839 Calle Chueca, Acting President, Casitas
Capistrano Homeowners Association #I, addressed the Council
in opposition to a petition for the election of City Council
members by district rather than at large, which is being
circulated by mail by "San Juan Capistrano Concerned Citizens
-for Responsive Government."
4. HOT SPRINGS DANCE HALL
(23) Brett Shears, 26722 r-aseo Loreto, Chairman of the Parks and
Recreation Commission, addressed the Council in support of
approval of an engineering study for improvements to the Hot
Springs Dance Hall so that it may be utilized as a recreation
facility.
5. PROPOSED AMENDMENTS TO FORTUNE TELLING ORDINANCE
(26) Burton Morse,2141 Seville, Balboa, California, representing
The Sun Sign, addressed the Council to request that action on
the proposed amendments to Ordinance No. 23, Fortune Telling,
etc., be deferred until the meeting of May 4th. Mr. Morse
indicated that he would submit a letter to Council prior
to that time.
WRITTEN COMMUNICATIONS
1.
(85) Council received copies of a letter dated April 8, 1977,
from Ronald E. Lais, Attorney at Law, representing the Board
of Directors of Village San Juan Homeowners Association. The
Board had approved tree removals and landscaping proposals as
submitted by the developer, Zellner Connumities, Inc., at a
meeting held on February 23, 1977. At their meeting of April
6, 1977, the City Council had approved the removal of one tree
only on Lot 31 with the condition that the landscaping be
installed as proposed.
It was moved by Councilman Nash and seconded by Councilman
Sweeney to approve the landscaping and tree removal plan as
originally submitted by the developer. Council then discussed
the feasibility of relocating the pine tree from Lot 28, and
it was moved by Councilman McDowell and seconded by Councilman
Nash to amend the motion to provide for study of the possibility
of moving the tree to a new location.
Don Zellner, 1404 Morningstar Drive, Laguna Beach, addressed the
Council to advise that the tree in question is 100 feet tall
and that equipment capable of moving a tree of that magnitude
is not available.
With the concurrence of the second, Councilman McDowell
withdrew the amendment and the motion to approve the landscaping
and tree removal plan as originally submitted passed by
unanimous vote.
PUBLIC HEARINGS
1.
ON PRIVATE
(85). Council received copies of a report dated April 20, 1977, from
George Alvarez, Secretary to the Traffic and Transportation
Commission, regarding the request of the Village San Juan
Homeowners Association for motor vehicle enforcement on
private streets. Pursuant to California Vehicle Code Section
21107.7 f it is proposed that the Sherif f Is Department would
enforce -25 MP11 speed limits and licensing requirements;
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enforcement of parking regulations on private streets would
be the responsibility of the Homeowners Association.
Public HcarinLy-
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open on the request for Vehicle
Code Enforcement on the private streets in Village San Juan
and inquired if anyone in the audience wished to address
the Council. The following persons responded in favor of the
proposal: -
1. Ronald E. Lais, Attorney at Law representing the Village
San Juan Board of Directors.
There being no one else wishing to address the Council, Mayor
Heckscher declared the Public Hearing closed with the right to
reopen at any time.
It was moved by Councilman Sweeney and seconded by Councilman
Nash'that the following Resolution, being:
RESOLUTION NO. 77-4-20-1, VEHICLE CODE.ENFORCEMENT -
VILLAGE SAN JUAN - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
PROVIDING FOR APPLICATION OF THE CALIFORNIA VEHICLE
CODE TO PRIVATE STREETS IN THE "VILLAGE SAN JUAN"
DEVELOPMENT
be adopted. T--�e motion carried by the following vote-,
AYES� Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
The Resolution lists the applicable street names within Village
San Juan and provides that the Homeowners Association shall
install appropriate signs at the entrance to such streets
advising of enforcement pursuant to the California Vehicle
Code.
ORDINANCES
1.
-4 - ADOPTION OF
COMPANY OF AMERICA
(68) The City Attorney read the title of the Ordinance next in
order. It was moved by Councilman McDowell and seconded by
Councilman Sweeney that the following Ordinance, being:
ORDINANCE NO. 319, REZONE 77-4 (PRUDENTIAL)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO.293 BY CHANGING THE
ZONING OF THAT PORTION OF ASSESSOR'S PARCEL
NO. 675-081-13 WEST OF VIA CALIFORNIA FROM GM
(GROITrH MANAGEMENT) TO PC (PLANNED COM11UNITY)
AND INCORPORATING COMPREHENSIVE DEVELOPMENT
PLAN CDP 77-1 AS PART OF THE PC ZONING
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: � None
ABSENT: None
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19
2. PROPOSED AMENDMENTS TO ORDINANCE NO. 23
(FORTUNE TELLING, ETC.)
(23) Consideration of this item was continued to the Council
meeting of May 4, 1977, at the request of the applicant,
The Sun Sign.
BIDS, CONTRACTS, AGREEMENTS
1. P
(79) Council received copies of a report dated April 20, 1977,
from the Director of Public Works forwarding copies of a
proposed Agreement providing for the formation of Project
Committee #10 for the development of a land outfall system
by the City of San Clemente acting as a committee of one.
The project would be funded by the City of San Clemente with
all actions taken in the name of that BERRA Committee.
2.
After discussion of the proposed amendment and its effect
on the formation of future project committees, it was the
consenus of the Council that no action be taken at this
time and that the matter be referred to the Director of Public
Works for amendment so that the Agreement refers to Project
Committee # 10 only and does not refer to any future project
committees consisting of one SERRA member only.
CE HALL —
(23) Council received copies of a report dated April 20, 1977,
from Pamela Hallan, Administrative Aide regarding rehabilitation
of the Hot Springs Dance Hall. The Cultural Heritage
Commission and the Parks and Recreation Commission recommend
that the Dance Hall be permanently located in the vacant
area behind the Planning Department. A location map is
included with the report. Forwarded also was a proposal
from Melvyn Green & Associations, a structural engineering
.firm specializing in adaptive re -use of historic structures,
for research, structural engineering, and preparation of
plans and specifications.
Mayor Heckscher advised that he -would prefer to retain the
opportunity for review of options for use of the facility
prior to authorizing ultimate design and preparation of plans
and specifications.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell to approve the permanent location of the Hot Springs
Dance Hall in the vacant area between the Planning Department
facility and Descanso Park and to authorize preparation and
execution of a contract with Melvyn Green & Associates, Inc.,
for the following services, subject to the approval of the
City Engineer:
a. Research, structural engineering, and preparation of
plans and specifications including an estimate of
construction costs at a cost- of $1,800.
b. All of the above including site plan, interior
design, recommendations for landscaping plan,
parking, energy conservation, security, heating
and cooling systems at a cost of $4,800.
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, and Nash
NOES: Mayor Heckscher
ABSENT: None
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20
3. AGREEMENT WITH SAN DIEGO GAS & ELECTRIC COMPANY
BILLING FOR SAN JUAN CAPISTRANO HIGHWAY LIGHTIN��_DISTRICT
(53) Council received copies of a report dated April 20, 1977,
from Loretta Murray, Administrative Assistant, forwarding a
proposed Agreement with the San Diego Gas & Electric Company
in order to conform with changes in the Company's billing
procedures in connection with the San Juan Capistrano Highway
Lighting District. The District was dissolved by action of
the City,Council on November 17, 1976.
It was moved by Councilman McDowell, seconded by Councilman
Friess and unanimously carried to approve the Agreement and
to authorize the Mayor to execute the document on behalf of
the City.
RECESS AND RECONVENE
Council recessed at 8:41 P.M. and reconvened at 8:55 P.M.
PARKS AND RECREATION COMMISSION
1. ESTABLISHMENT OF EQUESTRIAN COMMISSION
(23) Council received copies of a report dated April 20, 1977t
f-rom the City Manager forwarding the Report of the Equestrian
Sub -Committee, which includes the following recommendations:
1. Creation of a permanent -Equestrian -Commission;
2. Implementation of the City's General Plan, equestrian
trail system and feeder trails;
3. Construction of a municipal equestrian center;
4. Preservation and extension of boarding stables and
rental horse operations.
Council also received * copies of a report dated April 20, 1977,
from Tom Baker, Recreation Coordinator, forwarding the
recommendation of the Parks and Recreation Commission that a
permanent Equestrian Committee be formed with staff support,
which would report directly to the City Council. At the
meeting of March 16th, the Equestrian Sub -Committee had
petitioned the City Council for the establishment of a
permanent Equestrian Commission.
Ilse Byrnes, Chairman of the Equestrian Sub -Committee, and
Brett,Shears, Chairman of the Parks and Recreation Commission,
addressed the Council.
After extensive discussion, it was moved by Councilman McDowell,
seconded by Councilman Friess and unanimously carried to receive
and file the Sub -Committee report and to direct staff to report
back with revisions to Ordinance No. 292 establishing City
Boards and Commissions, as follows:
1. Section 1, Paragraph F. Organization
Election of Chairmen would take place at the first
regular meeting in May of each year rather than April;
2. Section 1, Paragraph 1, subparagraph (1). Expiration
of Terms - Board and'Commission terms of office would
expire on April 30 of the designated year rather than
March 30;
3. A new Section 5 establishing an Equestrian Commission
is to be included.
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21
CONSENT CALENDAR
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the staff recommendations be accepted with regard
to the following items listed on the Consent Calendar. The motion
carried by the following vote: I
AYES: Councilmen Sweeney, McDowell, Friess, Nash, and
Mayor Heckscher
NOES- None
ABSENT: Nine
1. APPROVAL OF WARRANTS
(41) The List of Demands dated April 20, 1977, Warrants Nos. 9509
through 9821, inclusive, in the total amount of $106,794.67
is approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF
MARCH 31, 1977
(41) The City Treasurer's Report of Investments for the period
ending March 31, 1977, is approved as submitted.
3.
11
(41) The -City Treasurer's Report of 1911 Act Bond Delinquencies as
of March 31, 1977, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF FEBRUARY 28, 1977
(41) The City Treasurer's Summary St atement of Fund Cash Balances
for the 8 -month period ending February 28, 1977$ is approved
as submitted.
5
(23) The Report of actions taken by the Cultural Heritage Commission
at its regular meeting of April 5, 1977, is ordered received
and filed.
6. RESOLUTIONS OF COMMENDATION FOR RETIRING COMMISSIONERS
(36) The following Resolutions are adopted:
a. RESOLUTION NO. 77-4-20-2, COMMENDING DOROTHY
DENHAM - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
COMMENDING TRAFFIC AND TRANSPORTATION
COMMISSIONER DOROTHY DENHAM
b. RESOLUTION NO. 77-4-20-3, COMMENDING JILL R.
CLARK - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN.JUAN CAPISTRANO, CALIFORNIA,
COMMENDING PARKS AND RECREATION COMMISSIONER
JILL R. CLARK
C. RESOLUTION NO. 77-4-20-4
xnvol - a nbovilulivil UX 111L ully LIL)UNUIL Q1.
THE UITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
COMMENDING ARCHITECTURAL BOARD OF REVIEW MEMBER
FRAN FROST
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9W1_7
EWA
7. RESOLUTION ESTABLISHING PRIMA FACIE SPEED LIMITS
(87) The following Resolution is adopted and the City Traffic
Engineer is directed to place appropriate signs:
RESOLUTION NO. 77-4-20-5, SPEED LIMITS -
X__RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
THE PRIMA FACIE SPEED LIMITS SET FORTH ON THOSE
STREETS OR PARTS OF STREETS HEREIN DESCRIBED,
AND REPEALING RESOLUTION NO. 76-12-15-7
b. PUBLICATION OF PREVAILING WAGE RATE�i -
RESOLUTION JOINING CALIFORNIA LEAGUE OF CITIES
(74) The following Resolution is adopted:
RESOLUTION NO. 77-4-20-7, JOINT PUBLICATION OF
PREVAILING WAGE RATES - A RE60LUTION OF TH7=Y
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AGREEING TO THE JOINT PUBLICATION
OF PREVAILING WAGE RATES BY CLASSIFICATION FOR
ALL CRAFTS NEEDED TO PERFORM CONTRACTS COVERING
CONSTRUCTION OF MUNICIPAL FACILITIES AND REPEAL-
ING ANY AND ALL RESOLUTIONS IN CONFLICT HEREWITH
9. REPOR%.' ON WEED ABATEMENT ADJACENT TO FARMLAND
(74) The report dated April 20, 1977, from J,ie Director of Public
Works regarding the request of Shigeru Kinoshita for abatement
of weeds adjacent to farmlands is ordered received and filed.
10. REQUEST FOR CERTIFICATE OF COMPLIANCE
(CHRISTIAN MISSION CHURCH)
(68) The issuance of a Certificate of Compliance pursuant to the
State Subdivision Map Act to allow processing of development
plans on a portion of an undivided parcel of land for the
construction of a church is approved, subject to the condi-
tions set forth in Planning Commission Resolution of approval
No. PC 77-3-22-4. The applicant is the Christian Mission
Church, C/o Christiansen & Associates, 31882 Camino Capistrano,
Suite 107. The property is located on San Juan Creek Road
adjacent to the Harold J. Ambuehl School.
After discussion, it was moved by Councilman Sweeney and seconded by
Councilman,Nash that the remaining Consent Calendar items be approved.
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
11. REPORT OF PLANNING COMMISSION
MEETING OF APRIL 12, 1977
(67) The Report of actions taken by the Planning Commission at their
meeting of April 12, 1977, is ordered received and filed.
12. RESOLUTION ESTABLISHING NO PARKING ZONE,
ORTEGA HIGHWAY BETWEEN INTERSTATE FREEWAY 5
AND EL CAMINO REAL
.(64) The following Resolution is adopted and the channelization plan
between 1-5 and El Camino Real is approved:
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23
RESOLUTION NO. 77-4igrO- ARKING REGULATIONS -
A4PORTION OF ORTEGA H RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING" AREA ON T11E
NORTH SIDE OF ORTEGA HIGHWAY FROM DEL OBISPO
STREET TO 200 FEET WESTERLY
1.3. LIABILITY INSURANCE -
JOINT POWERS RISK POOLING CONCEPT FOR
ORANGE COUNTY CITIES
(49) The iollowing Resolution is adopted:
RESOLUTION NO. 77-4-20-8, MUNICIPAL INSURANCE
PROTECTION - A RESOLUTION APPROVING IN PR-I=PLE
THE ESTABUISHMENT OF A JOINT POWERS AGENCY FOR
RISK POOLING FOR ORANGE COUNTY CITIES
14. TREE REMOVAL PERMIT APPLICATIONS
(BIRTCHER AND---C-00--KT—
(74) Reports from the Director of Planning rega2ding the following
applications for tree removal permits are ordered received and
filed:
1. Ron Birtcher, 32331 Del Obispo Street -
Removal of 120 citrus trees,
Lots 2 and 4. Division of Land 76-8.
2. Robert Cook, 32225 Del Obispo Street -
Removal of 41 orange and avocado trees,
Tract 9682.
In both instances trees were removed prior to obtaining City
approval. With the consensus of the Council, Mayor Heckscher
directed that the City Manager contact the current property
owners to advise them that the City is aware of the tree
removal violations; and, if there is'any further violation,
the property owners will be prosecuted.
The Director of Planning advised that developers would be made
aware of permit processes by the Environmental Review Board.
TRAFFIC AND TRANSPORTATION COMMISSION
1. APPROVAL OF SPEED ZONES ON ORTEGA HIGHW
(87) Council received copies of a report dated April 20, 1977, from
George Alvarez, Secretary to the Commission, forwarding the
recommendations made by Caltrans with regard to speed limits
on the.Ortega Highway. Upon approval of the speed zones by
the City Council, Caltrans will post appropriate speed limit
signs and the Orange County Sheriff's Department may use radar
equipment to enforce the limits.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to approve the following
speed zones:
1. Ortega Highway from the cenierline of the
San Diego Freeway to the centerline of
Calle Entradero: 40 MPH.
2. Ortega Highway from Calle Entradero to a
point approximately 1,200 feet west of the
San Juan Creek Bridge: 45 MPH.
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M14
COUNCIL REMARKS
1. HOME WARRANTY COMMITTEE
(49) Councilman Sweeney advised that the Home Warranty Committee
is disbanded and should be removed from the Roster of Commis-
sions, Boards, and Committees, Mr. Sweeney requested receipt
of a progress report on the Home Warranty Program.
2. CAMINO CAPISTRANO IMPROVEMENT DISTRICT
(83) Councilman Sweeney requested an update of meetings held regard-
ing the Camino Capistrano Improvement District. The Directe-
of Public Works advised that meetings had been held on April
19th and April 20th and that three property owners from the
east side of the street and fifteen from the west side of the
street were in attendance, The Director of Planning advised
that a number of property owners had discussed their input
with staff.
3. GLENDALE FEDERAL UNDEVELOPED PROPERTY
(35) Councilman Sweeney requested that a report be placed on the
next City Council Agenda regarding the status of the
undeveloped property owned by Glendale Federal Savings &
Loan Association as of the day before the lawsuit was filed
in order to clarify the differences, since there had been no
prior public airing of those differences.
4. CIVIC CENTER COMMITTEE
(23) Councilman Sweeney advised that the Civic Center Committee has
discussed the use of a portion of the Capistrano High School
site as a public library site and that Committee meeting minutes
will be available next week.
5. PROPOSED COUNCILMANIC DISTRICTS
(32) Councilman Sweeney noted the petitions being mailed by the
San Juan Capistrano Concerned Citizens for Responsive Govern-
ment in -support of dividing the City into seven districts for
the purpose of City Council elections. Council members
concurred in their opposition to the proposal.
6. ADVERTISING ON BUS BENCHES
ORANGE COUNTY TRANSIT DISTRICT
(60) Councilman Friess noted a letter dated April 12, 1977, from
Ralph B. Clark, Chairman, Orange County Transit District,
advising that the OCTI) had adopted a general policy "encouraging
free enterprise to fulfill the bus bench needs of orange County,"
and supporting the installation of benches at local bus stops
by private advertising interests. The City Manager read a
letter prepared in response.
7. WEED ABATEMENT ADJACENT TO AGRICULTURE
(74) Mayor Reckscher requested that the City Manager submit a report
at the meeting of May 4th on weed abatement adjacent to
agriculture in order to assist farmers economically, as set
forth in the Agriculture Preservation Program.
8. COMMERCIAL/INDUSTRIAL INCENTIVES COMMITTEE -
APPOINTMENTS -
(23) Councilman Sweeney inquired if the nominations had come from
the Board of Directors of the Chamber. Mayor Heckscher
replied that they were coordinated with the Board of Directors;
the Chamber had submitted names of nominees and then it was
determined which representatives would be more suitable for this
particular committee.
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25
Mayor Heckscher advised that the following persons have
indicated their acceptance of positions on the Commercial/
Industrial Incentives Study Committee:
Charles Maderos, Assistant Superintendent for
Business Affairs, Capistrano Unified School District.
Rita Casteel, Chamber of Commerce.
John Saunders, Chamber of Commerce.
Mary Sheldon, representing ecological interests.
Deel Tyler, public at large.
Larry Buchheim, public at large.
The Committee consists of seven members, with Mayor Heckscher
serving as Chairman and the Director of Planning serving as
alternate for the Mayor.
8. SAN JUAN HILLS HOMEOWNERS ASSOCIATION -
AGREEMENT WITH GLENDALE FEDERAL FOR
INSTALLATION OF IMPROVEMENTS
(85) With the concurrence of the Council, Mayor Heckscher directed
that the Cit� Manager contact Glendale Federal regarding their
AgJreement with the San Juan Hills Homeowners Association for
installation of improvements. Council is to be kept apprised
of the situation and is to be provided with information regard-
,ing street conditions, swim pool completion, and other items
set forth in the Agreement.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 10:45 P.M. to the next meeting date of Wednesday,
April 27, 1977, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
Z2:z6A CLERK
MARY ANN CITY
",AANOVER V
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4/20/77