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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. -1- 4/20/77 Hh" 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; -2- 4/20/77 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 -3- 4/20/77 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 -4- 4/20/77 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. -5- 4/20/77 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 -6- 4/20/77 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: -7- '' 4/20/77 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. -8- 4/20/77 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. -9- 4/20/77 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 -10- 4/20/77