77-0615_CC_Minutes_Regular Meeting76
JUNE 15, 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
7:15 P.M. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman Sweeney.
ROLL CALL PRESENT: Yvon 0. Heckscher, Mayor
Richard D. McDowell, Councilman
Douglas B. Nash, Councilman
John B. Sweeney, Councilman
ABSENT: Kenneth E. Friess, Mayor pro tem
STAFF PRESENT: James S. Mocalis, City Manag�r; 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
Adjourned Regular Meeting, May 25, 1977:
It was moved by Councilman Sweeney; seconded by Councilman McDowell
that the Minutes of the Adjourned Regular Meeting of May 25, 1977,
be approved as submitted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash, and
Mayor Heckscher
NOES: None
ABSENT: Councilman Friess
jeg11j1rm�1eg1ing,UJUR!i1� 1117:
It w ov d y 0 an McDowell; seconded by Councilman Sweeney
that the Minutes of the Regular Meeting of June 1, 1977, be approved
as submitted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash, and
Mayor Heckscher
NOES: None
ABSENT: Councilman Friess
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Nash, seconded by Councilman Sweeney and
unanimously carried that all ordinances be read by title only.
ORAL COMMUNICATIONS
1. SAN JUAN CAPISTRANO BICENTENNIAL COMMITTEE
REQUEST FOR APPROVAL OF DISBURSEMENT OF FUNDS
(23) Minnie Surles, 30719 Calle Chueca, representing the Bicentennial
Committee, addressed the Council regarding unexpended funds in
the Committee budget in the amount of $429. Mrs. Surles requested
approval of use of the funds for purchase of a microfilm reader
for the San Juan Capistrano Historical Society's Pryor House
Museum, including a stand and a plaque stating that the equip-
ment has been donated by the Bicentennial Committee.
It was the consensus of the Council that the matter be referred
to staff for recommendation back to the City Council.
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PUBLIC HEARINGS
1. APPLICATION OF VEHICLE CODE TO PRIVATE STREETS, TRACT 8460
IrADTATKIRTITFT.
(70) Council received copies of a report dated June 15, 1977, from
George Alvarez, Secretary to the Traffic and Transportation
Gommission, advising that the Board of Directors of the
Captain's Hill Homeowners Association has petitioned the City
to adopt a resolution whereby the provisions of the California
Vehicle Code would apply to the private streets of the develop-
ment.
Public Hearing:
Notice haviH—gbeen given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in the
audience wished to address the Council. The following persons
responded in favor of the petition:
(1) Edward N. Durand, 25612 Spinnaker Drive, member of the
Captain's Hill Board of Directors.
There being no one else wishing to address the Council, Mayor
Beckscher declared the Public Hearing closed.
During discussion, it was clarified that parking regulations
cannot be enforced on private roads and that traffic patrol
would not be provided.
It was moved by Councilman Sweeney and seconded by Councilman
McDowell that the following Resolution be adopted with the
street name of Carretera Drive amended to read Galleon Way:
RESOLUTION NO. 77-6-15-1, VEHICLE CODE
ENFORCEMENT - CAPTAIN'S HILL DEVELOPMENT
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
"CAPTAIN'S HILL" DEVELOPMENT (TRACT $460)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash, and
Mayor Heckscher
NOES: None
ABSENT: Councilman Friess
The Homeowners Association is to be requested to post the
appropriate signs giving notice of the adopted regulations.
Pursuant to the request of Councilman Sweeney, it was the
consensus of the Council that the Boards of Directors of
Captain's Hill and Village San Juan be notified of the extent
of enforcement to be provided.
ORDINANCES
.1. INSPECTION AND APPROVAL OF PRIVATE IMPROVEMENTS -
ADOPTION OF ORDINANCE NO. 324
(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 Nash and seconded by
Councilman McDowell that the following Ordinance be adopted:
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2.
ORDINANCE NO. 324 - INSPECTION AND APPROVAL OF
OF SAN JUAN C.WISTRANO, CALIFORNIA, AUTHORIZING
THE CITY ENGINEER TO INSPECT, PLAN CHECK, COLLECT
FEES, AND REQUIRE BONDING FOR PRIVATE IMPROVEMENTS
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash, and
Mayor fleckscher
NOES: None
ABSENT: Councilman Friess
REZONE 77-2 (MISSION CHRISTIAN CHURCH) -
ADOPTION OF ORDINANCE NO. 322
(95) 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; seconded by
Councilman Sweeney that the following Ordinance be adopted:
INANCE NO. 322 - REZONE 77-2 (CHRISTIAN MISSION
UAPI—STRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF ASSESSOR'S PARCEL NO. 6667042-07 FROM GM
(GROWTH MANAGEMENT) TO IP (PUBLIC INSTITUTIONAL) FOR
A 1.78+ ACRE PARCEL LOCATED ON SAN JUAN CREEK ROAD
ADJACENT TO HAROLD J.'AMBUEHL SCHOOL
The motion carried by the following vote:
AYES- Councilmen Sweeney, McDowell, Nash, and
Mayor Heckscher
NOES: None
ABSENT: Councilman Friess
3. REZONE 77-5 (MISSION HILLS RANCH, INC.) -
ADOPTION OF ORDINANCE NO. 323
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 Nash that the following Ordinance be adopted:
ORDINANCE NO. 323 - REZONE 77-5 (MISSION HILLS RANCH
CALITFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF THOSE
PORTIONS OF: (1) SECTIONS 30, 31, AND 32 IN TOWNSHIP
7 SOUTH, RANGE 7 WEST, AND (2) SECTION 36 IN TOWNSHIP
7 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN,
LYING WITHIN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, CALIFORNIA, FROM GM (GROWTH MANAGEMENT) TO RS
(SINGLE FAMILY), ES (SMALL ESTATE), AND OS (OPEN SPACE)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash, and
Mayor Heckscher
NOES: None
ABSENT: Councilman Friess
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BIDS, CONTRACTS, AGREEMENTS
1. RENEWAL OF AGREEMENT FOR BUILDING REGULATION SERVICES
(25) Council received copies of a report dated June 15, 1977, from
the Director of Public Works forwarding copies of an Amendment
to Agreement providing for an extension of the Agreement of
June 8, 1976, for an additional one-year period to June 30,
1978. The Director of Public Works advised that it is the
City's intention to discontinue County building regulation
services as of July 1, 1978, or prior to that date if possible.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to authorize the Mayor to execute
the Amendment to Agreement on behalf of the City and the
City Clerk to attest thereto.
2. AMENDMENT TO JOINT POWERS AGREEMENT, PROJECT COMMITTEE 10 (SERRA)
(79) It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the following Agree-
ment, to authorize the Mayor to execute the Agreement on behalf
of the City and the City Clerk to attest thereto: First Amend-
ment to Joint Exercise of Powers Agreement Creating South East
Regional Reclamation Authority, Orange County, California
(SERRA) dated December 22, 1976.
CONSENT CALENDAR
.It was moved by Councilman Sweeney, seconded by Councilman McDowell
that the staff recommendations be accepted for the following items
listed on the Consent Calendar. The motion carried by the following
vote:
AYES- Councilmen Sweeney, McDowell, Nash, and
Mayor Heckscher
NOES: None
ABSENT: Councilman Friess
1. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF MAY 31, 1977
(41) The City Treasurer's Report of Investments as of May 31, 1977,
is approved as submitted.
2. CITY TREASURER'S REPORT OF 1911 ACT BOND
DELINQUENCIES AS OF MAY 31, 1977
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies as
of May 31, 1977, is approved as submitted.
3. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF APRIL 30, 1977
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the ten-month period ending April 30, 1977, is approved
as submitted.
4. REPORT OF PLANNING COMMISSION MEETING
OF MAY 31, 1977
(67) The Report of Actions taken by the Planning Commission at its
Special Meeting of May 31, 1977, is approved as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION MEETING
OF JUNE 7$ 1977
(23) The Report of Actions taken by the Cultural Heritage Commission
at its regular meeting of June 7, 1977, is ordered received and
filed.
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6. APPROVAL OF FINAL MAP AND SUBDIVISION
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[borc
(85) The Final Map for Tract 9373 is approved with the determination
that said map is consistent with the General Plan and in
substantial compliance with the approved Tentative Map; the
Subdivision Agreement between the City and Corrales Estates,
10509 San Diego Mission Road, Suite A, San Diego 92108, is
approved and the Mayor authorized to sign the Agreement on
behalf of the City and the City Clerk to attest thereto.
7. RELEASE OF BONDS AND ACCEPTANCE OF STREET IMPROVEMENTS,
TRACT 8994 (7UNNTROW-
(85) The public improvements for Tract 8994 are accepted and authority
is granted to release the following bonds held by Fidelity and
Deposit Company of Maryland: Faithful Performance, Labor and
Material Bonds No. 5971245 in the amount of $87,500, and
Monumentation Bond No. 895543 in the amuunt of $2,000.
8. ARTERIAL HIGHWAY FINANCING PROGRAM -
ANNUAL REQUALIFICATION
(44) The following Resolution is adopted:
RESOLUTION NO. 77-6-15-3. ARTERIAL HIGHWAY FINANCING
PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE
VITT-OF SAN JUAN CAPISTRANO, CALIFORNIA1 REQUESTING
ANNUAL REQTTALIFICATION FOR PARTICIPATION IN THE COUNTY'S
ARTERIAL HIGHWAY FINANCING PROGRAM
9. TEMPORARY DESIGNATION OF PORTION OF DEL OBISPO STREET
AND CAMINO DEL AVION AS COUNTY HIGHWAYS (GAS TAX TU-N—DS
(44) For purposes of reconstruction during the period July 1, 1977,
to June 30, 1978, the following Resolution is adopted:
RESOLUTION NO. 77-6- 2
1,E1,,I)E�IgNATING PORTIONS OF
DEL OBISPO AND DEL AV N S C6UNTY HIGHWAYS - T --
RESOLUTION OF THE CITY COUNCIL Or-TH-E-T-1=OF SAN
JUAN CAPISTRANO, CALIFORNIA, TEMPORARILY DESIGNATING
PORTIONS OF DEL OBISPO STREET AND CAMINO DEL AVION
...AS COUNTY HIGHWAYS
10. AGREEMENT FOR SLUDGE REMOVAL - TREATMENT PLANT
(GOLDEN. WEST FFRTILIZER-MMP79TYT-
(79) The Agreement between the City and Golden West Fertilizer
Company for the 3 -month period ending September 30, 1977, for
hauling of sludge from the treatment plant at $89.77 per load
is approved and the Mayor authorized to execute the Agreement
on behalf of the City and the City Clerk to attest thereto.
11.
FOR STREET
PAGEANT
(87) The following action is authorized: closure of Camino
Capistrano between Yorba and Forster Streets between the hours
of 7:00 P.M. and 10:00 P.M., July 14 - 17 and July 21 - 24;
waiver of the $100 refundable deposit for cleanup of the area.
The Sheriff's Department and Fire Department are to be notified
of the street closure.
ESTABLISHMENT OF UNDERGROUND UTILITY'ADVISORY-COAIMITTEE
(90) Council received copies of a report dated June 15, 1977, from
the Director of Public Works forwarding a proposed Resolution
establishing an Underground Utility Advisory Committee composed
of the Director of Public Works, Director of Planning, and a
representative from each of the utility companies. The Committee
will act as an advisory board to the City Council in conjunction
with the formation of underground utility districts and is the
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first procedure in the implementation of the Camino Capistrano
Improvement District, which will convert all -overhead utilities
on the --east side of the street between Avenida Padre and
Forster Street and a portion of Del Obispo Street just west of
Camino Capistrano.
The Director of Public Works requested that Section �, Paragraph
"b" of the Resolution be amended to read as follows: "The
Committee shall meet on a semi-annual basis or at the call of
the Chairman."
it -was moved by Councilman McDowell and secondpd by Councilman
Sweeney that the following Resolution be adopted, as amended:
RESOLUTION NO. 77-6-15-2, UNDERGROUND UTILITY
ADVISORY COMMITTEE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, FORMING AN UNDERGROUND UTILITY
___L__1DYISORY_ COMMITTEE
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Nash, and
Mayor Heckscher
NOES: None
ABSENT: Councilman Friess
APPROVAL OF WARRANTS
.(41) After clarification that Warrant No. 10662 consists of.sidewalk
�__studyand photography services for Via de Agua and $163 for
services in conjunction with Valle Road, it was moved by
Councilman McDowell, seconded by Councilman Sweeney and unani-
mously carried to approve the List of Demands dated June 15,
1977, Warrants Nos. 10571 through 10686,.inclusive, and 1911
Act Warrant No. 0203, in the total amount of $152,229.95.
AGREEMENT FOR PARTICIPATION IN TRAFFIC CONTROL -
DEL OBISPO STREET/ALIPAZ STREET (WOOLSEYTC_.F.C� DEVELOPMENT)
-(82) Council received copies of a report dated June 15, 1977, from
-the-Director-of Public Works forwarding a revised Agreement
between the City and C.F.C. Development for participation in
the cost of installation of a traffic signal at Del Obispo
Street and Alipaz Street, and an interconnect signal system
along Del Obispo Street between Camino Capistrano and Alipaz.
The Agreement is in conjunction with the construction of the
Woolsey Apartment complex and provides that the owner would
be reimbursed for up to 72% of the project cost from contribu-
tions to be made by future developments which would benefit
from the system. The total estimated cost of the signal and
interconnect system is $65,900; the developer would be
reimbursed up to $46,800.
Councilman McDowell suggested that the City adopt a policy
statement so that staff would have direction in formulating
such agreements; in this -particular instance, the developer
should be obligated for the estimated 28% increase in inter-
section traffic. The Director of Public Works advised that
future development north of Del Obispo Street would share in
-the costs; and,'in response to a question from Councilman
Sweeney, advised that the Traffic and Transportation Commis-
sion is preparing a policy statement establishing a traffic
safety fee.
It was moved by Councilman Nash and seconded by Councilman
Sweeney to approve the revised Agreement between the City and
C.F.C. Development, to authorize the Mayor to execute the
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Agreement
thereto.
. I
AYES:
NOES
Z
on behalf of the City and the City Clerk to attest
The motion carried by the following vote:
Councilmen Sweeney, Nash, and Mayor Heckscher
Councilman McDowell
ABSENT: Councilman Friess
COUNCIL REMARKS
1. PEDESTRIAN AND BIKEWAYS TO NEW HIGH SCHOOL
(78) Councilman Nash inquired if bike trails would be designated or
an access road provided for students who will be attending the
new Capistrano Valley High School as an alternative to walking
along Rancho Viejo Road. With the consensus of the Council,
Mayor Heckscher directed that the Director of Public Works
prepare a report on the matter.
2. RESOLUTION OF COMMENDATION
(36) Councilman Nash suggested that it would be appropriate for the
City to honor Minnie Surles with a Resolution of Commendation,
since she.will be moving from the City in the near future. The
Resolution is to be prepared for the meeting of July 6, 1977.
3. COMMERCIAL/INDUSTRIAL INCENTIVES STUDY COMMITTEE
(23) Mayor Heckscher made an oral status report on the activities of
the Commercial/Industrial Incentives Committee. Questionnaires
have been mailed which will provide information to assist in
designing a program to meet the needs of the consumer and
persons who live and work in the City, to enhance the commercial
sector, and attract commercial establishments which would add
to the City's tax base. Mr. Heckscher advised that the report
should be presented to Council in October, with adoption of an
ordinance scheduled by the end of the year. Councilman Sweeney
noted that some major businesses are interested in locating in
the City; Mayor Heckscher advised that the program would not be
a deterrent to any proposals. In response to Councilman Nash,
the Director of Administrative Services stated he would report
to Council on percentages of property tax receipts from com-
mercial, industrial, and residential bases.
4. TAXPAYERS' INFORMATION CENTER
(86) Councilman Sweeney commended John O'Sullivan and Pamela Hallan
for completion of the Taxpayers' Information Center and
suggested that in the future a one-page illustration be inserted
indicating the various tax districts in the City.
.COUNCIL ACTIONS
1. PERSONNEL - APPROVAL OF MEMORANDUM OF UNDERSTANDING
(66 It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to approve the Memorandum of
Understanding dated June 10, 1977, between the City and the
San Juan Capistrano City Employees' Association and to
authorize the Mayor to execute the document on behalf of the
City. The Memorandum is effective for the period July 1, 1977,
through June 30, 1978, and provides for an 8.4% salary increase
for all classified personnel, contingent upon submittal of a
Performance Pay Plan by the Association.
2. SUBMITTAL OF NAME FOR NEW ELEMENTARY SCHOOL
(78) Councilman Sweeney suggested that the City submit the name
of Fred Newhart for a new elementary school to be constructed
in the Mission Viejo area due to his long service to the school
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district and in recognition of his service as an original
member of the School Board. It was the consensus of the
Council that the City Manager prepare a letter for the
Mayorl-s signature suggesting the name of Mr. Newhart.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 8:30 P.M. to the next meeting date of Wednesday,
June 22, 1977, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
MARY AN� HANOVER, CITY CLERK
ATTEST:
YVON-f?
n
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