77-0817_CC_Minutes_Regular MeetingAUGUST 17, 1977
1
3 7
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
t';j.pistrano, California, was called to order by Mayor Heckscher at
/.07 P.M.. in the City Council Chamber, followed by the Pledge of
s.11egi.ance to the Flag. Invocation was given by Mayor Heckbche;:.
ROLL CALL PRESENT: Yvon O. Heckscher, Mayor.
Kenneth E. Friess, Mayor pro tem
Richard D. McDowell, Councilman
Douglas B. Nash, Councilman
ABSENT: John B. Sweeney, Councilman
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Assistant City Manager/Director of Administrative Services; William
D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell,
Director of Planning; Tom Baker, Director of Recreation; James S.
Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of July 20, 1977:
It was moved by Councilman Nash and seconded by Councilman McDowell
that the Minutes of the Regular Meeting of July 20, 1977, be approved
as submitted. The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Nash and
Mayor Heckscher
NOES: None
ABSENT: Councilman Sweeney
Regular Meeting of August 3, 1977:
It was moved by Councilman McDowell and seconded by Councilman Nash
that the Minutes of the Adjourned Regular Meeting of August 3, 1977,
be approved with the following corrections: (1) Page 4, Request for
Stop Signs and Crosswalks, change the references from "Harbor Lane
Area,' to "Troy Homes;" and (2) Page 14, Tree Removal Permit (Birtcher),
change the first word of the sixth line from "northeast" to "northwest."
The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Nash and
Mayor Heckscher
NOES: None
ABSENT: Councilman Sweeney
•-
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Nash and seconded by Councilman McDowell
that all ordinances be read by title only. The motion carried by the
following vote:
AYES: Councilmen McDowell, Friess, Nash and
Mayor Heckscher
NOES: None
ABSENT: Councilman Sweeney
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ORAL COMMUNICATIONS 138
1. HOT SPRINGS DANCE HALL
(23) Linda Dunn, 31521 Galano Way, Member of the Parks and Recreation
Commission, addressed the Council regarding the site plan
proposals for the Hot Springs Dance Hall which appears later
on the Agenda. Miss Dunn advised that the Parks and Recreation
Commission had changed their original recommendation and now
concurs with the Planning Commission that Site Plan F which
extends from the Planning Building to Descanso Park is preferred.
2. DIVISION OF LAND 77-4, SAN JUAN BUSINESS PARK
(85) Lee Phelps, B. H. Construction Company, requested Council
approval of the final parcel map for Division of Land 77-4.
This item does not appear on the printed Agenda. With the
concurrence of Council, Mayor Heckscher directed that the
matter be considered later in the meeting.
3. CONDITIONAL USE PERMIT 77-5
(HUNTINGTON SKATEBOARD PARK)
(39) Jim Hoblitzell, 31031 Via Solano, representing Huntington
Investments, addressed the Council to request favorable
consideration of Conditional Use Permit 77-5, the proposed
installation of a skateboard park.
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT 77-5 - APPEAL OF PLANNING
COMMISSION DENIAL (HUNTINGTON SKATEBOARD PARK)
(39) Proposal:
To establish a skateboard park consisting of slalom and
freestyle skateboard runs, pro shop, ticket office, snack
bar, gameroom, and lounge area on a 2.87 -acre parcel of land
known as Assessor's Parcel No. 666-011-16. Surrounding uses
include a tennis court and veterinary clinic, residential
development and golf course, San Juan Creek, and Interstate 5.
The zoning is PR (Private Recreation) and N (Noise Management)
Districts.
Applicant:
J. J. Hoblitzell, President, the Huntington Company, Inc.,
31551 Camino Capistrano.
Written Communications:
Cl—) Report dated August 17, 1977, from the Director of
Planning recommending that Council uphold the action
taken by the Planning Commission on June 28, 1977,
denying Conditional Use Permit 77-5 based on the
following findings:
Operation of the land use would create serious conflicts
with nearby uses;
Serious traffic hazards would be created as a result of
the location of the use on San Juan Creek Road which could
endanger the health and safety of pedestrians and bicyclists;
The health and safety of patrons would be endangered as a
result of the project location in close proximity to the
Interstate 5 Freeway, a major source of air contaminants.
(2) Letter dated August 16, 1977, from Thomas G. Schauwecker,
San Juan Animla Hospital, 32391 San Juan Creek Road, in
opposition to the development of a skateboard park.
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Public Hearing:
Notice having been given as required, Mayor Heckscher declared
the Public Hearing open on the appeal of the Planning Commission
denial of Conditional Use Permit 77-5 and inquired if anyone in
the audience wished to address the Council.
The following persons responded in favor of the project:
(1) J. J. Hoblitzell, 31031 Via Solano, representing The
Huntington Company, applicant;
(2) Ron Adams, resident;
(3) David Johnson, 33895 Silver Lantern, Dana Point;
(4) Ben Johnson, 33895 Silver Lantern, Dana Point;
(5) Jay Arnold, 30948 Avenida de la Vista;
(6) Roger Grable of Rutan & Tucker, 401 Civic Center
Drive, Santa Ana, representing the property owner.
The following persons responded in opposition to the project:
(1) Jim MacDonald, 27152 Via Chicolina;
(2) Leonard Dysinger, 27151 Calle Caballero;
(3) Bruce Church, 26851 Canyon Crest Road, representing
the San Juan Alliance of Homeowners.
The following persons also responded:
(1) Marilyn Williams, 29931 Camino Capistrano, noted that
Council should consider the precedent -setting aspects
of the Planning Commission findings dealing with
health and safety of pedestrians and bicyclists and
air pollutants.
There being no one else wishing to address the Council, Mayor
Heckscher declared the Public Hearing closed.
Tom Baker, Director of Recreation, advised that surveys had
indicated a need for more commercial recreational activities
for young people.
Denial of Conditional Use Permit 77-5:
It was moved by Councilman Friess, seconded by Mayor Heckscher
and unanimously carried to uphold the Planning Commission denial
of Conditional Use Permit 77-5 based only upon finding No. 1
of Planning Commission Resolution No. PC 77-6-28-1; i.e.,
incompatibility and serious conflicts between the proposed
use and nearby residential use.
x
With the concurrence of the Council, Mayor Heckscher referred
consideration of alternate locations for the proposed skateboard
park, including but not limited to Cook Park, to the Parks
and Recreation Commission for recommendation to Council.
ORDINANCES
1. REZONE 77-1, TENTATIVE TRACT 6305 (LECK/FORSTER) -
ADOPTION OF ORDINANCE NO. 331
(85) The City Attorney read the title of the Ordinance next in order.
Further reading of all ordinances had been waived earlier in
the meeting. It was moved by Councilman McDowell and seconded
by Councilman Friess that the following Ordinance be adopted:
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ORDINANCE NO. 331, REZONE 77-1 (LECK/FURSTER) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOP-ILD
BY ORDINANCE NO. 293 BY CHANGING THE ZONING FROM
GM (GROWTH MANAGEMENT) TO GM (GROWTH MANAGEMENT),
OS (OPEN SPACE), 90EL(2.5) (LARGE ESTATE - MINIMUM
LOT SIZE 2.5 ACRES), 90EL (LARGE ESTATE), AND
90EL('20,000) (LARGE ESTATE - MINIMUM LOT SIZE
20,000 SQUARE FEET) FOR 264+ ACRES LOCATED ON
ASSESSOR'S PARCEL NOS. 124-221-39 AND 124-240-18
The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: Councilman Sweeney
2. REGULATING TRUCK TRAFFIC OVER CERTAIN STREETS
AND AMENDING ORDINANCE NO. 295 -
ADOPTION OF ORDINANCE NO. 332
140
(87) 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:
ORDINANCE NO. 332, WEIGHT LIMITATIONS FOR
COMMERCIAL VEHICLES - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CERTAIN SECTIONS OF ORDINANCE
NO. 295, CHAPTER 8, PERTAINING TO TRAFFIC
REGULATIONS
The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: Councilman Sweeney
BIDS, CONTRACTS, AND AGREEMENTS
1. AGREEMENT FOR ACQUISITION OF CAPACITY, CONSTRUCTION, USE
OPERATION. AND MAINTENANCE OF OUTFALL FACILITIES
(79) Council received copies of a report dated August 17, 1977,
from the Director of Public Works forwarding a proposed
Agreement setting guidelines for the construction and opera-
tion of the new ocean outfall, SERRA Project Committee No. 5,
as prepared by the Alexander Bowie law corporation.
After discussion, it was moved by Councilman Nash, seconded
by Councilman Friess and unanimously carried to approve the
Agreement for acquisition of capacity, construction, use,
operation, and maintenance of ocean outfall facilities for
SERRA, Project Committee No. 5.
Mayor Heckscher requested that in the future the City Council
have the opportunity of considering such Agreements before
the signatures of other member agencies are obtained.
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141 Is
CONSENT CALENDAR
It was moved by Councilman McDowell and seconded by Councilman Friess
that the staff recommendations be accepted with regard to the following
items listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: Councilman Sweeney
1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JULY 31, 1977
(41) The City Treasurer's Report of Investments for the period
ending July 31, 1977, is approved as submitted.
2. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
AS OF JULY 31, 1977
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of July 31, 1977, is approved as submitted.
3. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the twelve-month period ending June 30, 1977, is approved
as submitted.
4. REPORT OF PLANNING COMMISSION MEETING OF AUGUST 9, 1977
(67) The Report of actions taken by the Planning Commission at
its meeting of August 9, 1977, is ordered received and filed.
5. REPORT OF CULTURAL HERITAGE COMMISSION
MEETING OF AUGUST 2, 1977
(23) The Report of actions taken by the Cultural Heritage Commission
at its meeting of August 2, 1977, is ordered received and filed.
6. AGREEMENT FOR TRAFFIC S
(82) The Mayor is authorized to sign the letter dated July 18, 1977,
from Signal Maintenance, Inc., 1070 North Armando, Anaheim 92806,
acknowledging the merger of Traffic Signal Maintenance Company,
Inc., into Signal Maintenance, Inc., and the intention of Signal
Maintenance to fulfill existing contracts.
7. TRACT 9030 - ACCEPTANCE OF EASEMENT DEED FOR
(85) The Easement Deed from Capo Ranches, Inc., for sanitary sewer
and utility purposes in conjunction with approval of Tentative
Tract 9030 is accepted and the City Clerk authorized to record
the Deed.
8. TRACTS 9373 T,ND 7654 - ACCEPTANCE OF EASEMENT DEEDS FOR ACCESS
AND DRAINAGE EASEMENTS (PATRICK DEVELOPMENT/CORRALES ESTATES)
(85) The Easement Deeds from Corrales Estates for access purposes
and for drainage purposes in conjunction with approval of
Tentative Tract Map 9373 are approved and the City Clerk
authorized to record the Deeds.
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RESOLUTION COMMENDING PATTI HECTOR 142
(36) The following Resolution is adopted:
RESOLUTION NO. 77-8-17-1, COMMENDING E. PATRICIA
HECTOR - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY•OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING
E. PATRICIA HECTOR
Mrs. Hector was employed as Secretary to the City Manager
from March 19, 1975, until her resignation effective
July 15, 1977.
10. MISSION HACIENDA - AGREEMENT FOR
MAINTENANCE OF PUBLIC RIGHT-OF-WAY (SCHMIDT)
(68) The Agreement between the City and Mission Hacienda relating
to the maintenance of landscaping, including irrigation
facilities, within the public right-of-way and a public
sidewalk within an easement contiguous with public right-
of-way is approved. The Mayor is authorized to execute the
Agreement on behalf of the City, and the City Clerk is
authorized to record said document. The Agreement is a
condition of approval of Architectural Control No. 76-5;
the property is also known as Assessor's Parcel Nos. 124-
141-01, -02, -03, and -04.
11. MISSION HACIENDA - ACCEPTANCE OF EASEMENT DEED FOR
PUBLIC SIDEWALK PURPOSES (SCHMIDT)
(68) The Easement Deed dedicating an 8' wide strip of land along
Camino Capistrano for public sidewalk purposes in conjunction
with approval of Architectural Control No. 76-5 is accepted and
the City Clerk authorized to record said Deed.
RECESS AND RECONVENE
Council recessed at 9:00 P.M. and reconvened at 9:22 P.M.
12. APPROVAL OF WARRANTS
(41) After clarification, it was moved by Mayor Heckscher, seconded
by Councilman: McDowell and unanimously carried that the List
of Demands dated August 17, 1977, Warrants Nos. 11889 through
11991, inclusive, in the total amount of $290,681.06, be
approved as submitted.
13. TRACTS 8325 AND 7972 - RELEASE OF BONDS
(LEADERSHIP HOUSING SYSTEMS, INC.)
(85) At the request of the Director of Public Works, this item
was removed from the Agenda for consideration at a later date.'
PERSONNEL
1. INTRODUCTION OF SECRETARY TO THE CITY MANAGER
(66) The City Manager introduced Terry Bonynge to the Members
of the City Council. Mrs. Bonynge was appointed as Secretary
to the City Manager effective August 8, 1977.
APPROVAL OF FINAL MAP,
DIVISION OF LAND 77-4 - SAN JUAN BUSINESS PARK
(85) It was moved by Councilman McDowell, seconded by Councilman
Friess and unanimously carried to approve the Final Parcel
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Iap for Division, of Land 77-4, subject to the approval of
the City Engineer. All fees have been paid and necessary
bonds posted; the Mayor is authorized to execute the Agree-
ments for Landscape Maintenance and Subdivision Improvements
on behalf of the City and the City Clerk to attest thereto.
The Corporation Quitclaim Deed from the City to New England
Mutual Life Insurance is approved.
ADMINISTRATIVE ITEMS:
DIRECTOR OF RECREATION
1. SAN JUAN HOT SPRINGS DANCE HALL - APPROVAL OF
SITE PLAN AND PREPARATION OF PLANS AND SPECIFICATIONS
(23) Council received copies of a report dated August 17, 1977,
from the Director of Recreation regarding the relocation
and renovation of the Hot Springs Dance Hall and forwarding
comments from City Boards and Commissions.
Melvyn Green, consultant, addressed the Council and reviewed
both exterior and interior design plans.
It was moved by Councilman Nash, seconded by Councilman Friess
and unanimously carried as follows:
(1) Site Plan F is approved;
(2) Authorization is granted to contract for the preparation
of plans and specifications for plumbing, electrical,
and mechanical improvements subject to the approval of
the City Manager and in a sum not to exceed $3,000.
COMMISSIONS, BOARDS, AND COMMITTEES
PLANNING COMMISSION
1. ANNEXATIONS AND RESIDENTIAL GROWTH MANAGEMENT
PROPOSED AMENDMENT TO ORDINANCE NO. 314
(28) Council received copies of a report dated August 3, 1977,
from the Director of Planning setting forth alternatives for
integrating annexed projects into the growth management system
and the numerical limits for annual allocation of residential
dwelling units. It is proposed that allocations for annexed
territories be limited to one dwelling unit times the number
of acres contained in the annexed area; and, if the density
is greater than one unit per acre, the difference would be
phased within the in -City Numerical Limit set for subsequent
years.
Public Hearing Date:
After discussion, it was moved by Councilman Friess and
seconded by Councilman Nash to set a Public Hearing date of
Wednesday, September 7, 1977, at 7:00 P.M. in the City
Council Chamber for consideration of modification and
introduction of the proposed amendment to Ordinance No. 314;
the amendment to be based on alternative 2 as set forth in
the report dated July 6, 1977, which would separate annexed
projects from in -City projects in the application of growth
management requirements, with the deletion of Subparagraph
C.2.b. of the proposed Ordinance which provides that in no
case shall the combined total of dwelling unit allocations
for in -City and annexed projects exceed the in -City Numerical
Limit set for the final two years of the effective Residential
Allocation Schedule. The motion carried by the following
vote:
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....-S :
1,71 -ES :
Councilmen Friess, Nash and
i.aVor Heckscher
Councilman McDowell
144
ABSENT: Councilman Sweeney
TRAFFIC AND TRANSPORTATION COMMISSION
1. AMENDMENT TO 1977-82 FISCAL BUDGET -
GAS.TAX FUND 2106
(24) Council received copies of a report dated August 17, 1977,
from George Alvarez, Secretary of the Traffic and Transportation
Commission, forwarding the recommendation of the Commission that
Gas Tax Fund 2106 improvement projects be implemented by
amendment to the 1977-82 fiscal budget.
Following discussion of proposed expenditures for the Aguacate
Curve and Ortega Highway projects, it was moved by Councilman
Nash and seconded by Councilman McDowell that the following
Resolution be adopted with the deletion of the expenditure
of $88,000 during 1977-78 for the Aguacate Curve project:
RESOLUTION NO. 77-8-17-2, AMENDING THE BUDGET FOR
1977-82 FISCAL YEARS - GAS TAX FUND 2106 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
BUDGET FOR 1977-82 FISCAL YEARS
The motion carried by the following vote:
A}.ES: Councilmen McDowell, Nash and
Mavor Heckscher
I'3
Councilman Friess, who stated that the
otale should have the major responsibility
to improvements to the Ortega Highway
ABSENT: Councilman Sweeney
Staff is directed to report further on the Ortega Highway
project.
Expenditures are approved for the following projects, as
set forth in Exhibit "A" of the Resolution:
Camino Capistrano Improvement District
Ortega Highway
Camino Capistrano - Del Obispo to Ortega
- San Juan Creek to Aeropuerto
- San Juan Creek Bridge
Junipero Serra Bridge Design
Signals - Camino Capistrano at San Juan Creek Road
- Ortega Interconnect System
- Camino Capistrano at Del Obispo (left turn)
- Camino Capistrano/Del Obispo/Alipaz
- Aspero/Del Obispo
- Blue Fin/Del Obispo
- Del Obispo/Paseo Adelanto
-UNDERGROUND UTILITY ADVISORY COMMITTEE
-I RATIFICATION OF PRIORITY LIST FOR REMOVAL OF OVERHEAD
UTILITY LINES
(90) Council received copies of a report dated August 17, 1977,
from the Director of Public Works forwarding the recommendation
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145
of the Underground Utility Advisory Committee with regard to
identification of areas within the City that would be
benefitted by removal of overhead lines. Construction
funding will be provided by San Diego Gas and Electric
Company.
It was moved by Councilman McDowell, seconded by Councilman
Friess and unanimously carried to approve the Project Priority
List for underground utility conversion as follows:
(1) Camino Capistrano from San Juan Creek, bridge to
Forster Street; Del Obispo Street from Camino
Capistrano to the railroad tracks;
(2) Ortega Highway from the Interstate 5 Freeway to
the easterly City limits;
(3) Del Obispo Street from Alipaz Street to Terraza.
The Committee is also requested to begin proceedings for an
underground utility district, which would include a boundary
map, plans for street lights, and preliminary design of the
conversion, which will be coordinated with the widening of
Camino Capistrano.
COUNCIL REMARKS
1. COUNCIL MEETING INVOCATIONS
(32) Councilman McDowell suggested that local church officials who
perform the invocation at City Council meetings are deserving
of letters of appreciation and payment for their services.
After discussion and with the consensus of the Council, Mayor
Heckscher directed that letters of appreciation be prepared.
2. HOMEOWNERS HANDBOOK
(34) Councilman Nash referred to a memorandum regarding a homeowners
association handbook and suggested that the City prepare a
handbook for all homeowners, with a section designated to
homeowners associations.
3. MARLBOROUGH AND KATO DEVELOPMENTS
(85) Councilman Nash requested that a report be prepared summarizing
the status and impact of the Marlborough and Kato projects,
which are outside of the City limits.
4. COMMERCIAL/INDUSTRIAL INCENTIVES COMMITTEE
(23) Mayor Heckscher made an oral report on the activities of the
Commercial/Industrial Incentives Committee and advised that a
contract has been agreed upon with John Rau of Ultrasystems
to provide an interpretation of the needs survey tabulations.
5. DOWNTOWN PLAZA AND PARKING STUDY COMMITTEE
(23) Steering Committee:
Mayor Heckscher provided copies of a proposed list of Steering
Committee candidates for the Downtown Plaza and Parking Study
Committee including a process for selection of members.
Mr. Heckscher requested that Council review the list and
submit any additional names and comments by the following
Monday. The Steering Committee will be composed of 9
representatives, as follows:
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146
Private Members 6
Chamber of Commerce 1
Historical Society 1
Planning Commission 1
TOTAL 9
Tourist Survey:
Mayor Heckscher suggested that it would be appropriate to
conduct a survey of tourists visiting the City and for staff to
prepare a questionnaire to include such items as what visitors
expect to find and what they don't find, their background, the
distance travelled, how they could be encouraged to stay longer,
and what they did while in the City. Mr. Heckscher also suggested
that Mr. Rau review the questionnaire and that the survey be
undertaken during the last week of August.
It was the consensus of the Council that the Planning staff
be authorized to conduct the survey.
COUNCIL ACTIONS
1. APPOINTMENT TO EQUESTRIAN COMMISSION (RONALD LAIS)
(23) Council received copies of a report dated August 17, 1977, from
the City Clerk forwarding a letter dated August 8, 1977, from
Victoria Penland submitting her resignation from the Equestrian
Commission due to a pending move to another city. Applications
for appointment to the Commission were also provided.
Acceptance Of Resignation of Commissioner Penland:
It was moved by Councilman Friess, seconded by Councilman
McDowell and unanimously carried to accept the resignation
of Victoria Penland and direct that a letter be prepared in
appreciation of Mrs. Penland's service to the City.
Appointment of Commissioner:
Councilman Nash nominated Gloria Rogers; Councilman McDowell
nominated Tony Aguilar; Mayor Heckscher nominated Ronald Lais;
Councilman Friess nominated Milton Long and Councilman McDowell
seconded the nomination; the nomination and second were
subsequently withdrawn.
It was moved by Councilman Nash, seconded by Mayor Heckscher
and unanimously carried that Ronald E. Lais, 26201 Country
Court, be appointed to fill the vacancy on the Equestrian
Commission.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 11:35 P.M. to the next regular meeting date of Wednesday,
September 7, 1977, at 7:00 P.M. in the City Council Chamber.
ATTEST:
Tv - O. HECKSCHER, MAYOR
Respectfully submitted,
r
/1tP119"11 � i!//, ER, CITY CLERK I
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8/17/77