77-1102_CC_Minutes_Regular Meetingw s
NOVEMBER 2, 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
7:08 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Robert
Schwenck, Community Presbyterian Church.
ROLL CALL PRESENT: Yvon O. Heckscher, Mayor
Kenneth E. Friess, Mayor pro tem
Richard D. McDowell, Councilman
Douglas B. Nash, Councilman
John B. Sweeney, Councilman
ABSENT: None
STAFF PRESENT: John 0' Sullivan, Assistant City Manager, Director
of Administrative Services; William D. Murphy, Director of Public
Works/City Engineer; Thomas G. Merrell, Director of Community
Planning and Development; Thomas Baker, Director of Recreation;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of October 19, 1977:
It was moved by Councilman Sweeney and seconded by Councilman McDowell
that the Minutes of the Regular Meeting of October 19, 1977, be
approved as submitted. 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 Nash and seconded by Councilman McDowell
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. PROPOSED LEASE FOR EQUESTRIAN STABLES
C. RUSSELL COOK PARK
(62) Ilse Byrnes, Chairman of the Equestrian Commission, addressed
the Council in support of approval of the Lease Agreements for
Boarding and Rental Stables to be located in C. Russell Cook
Park, which appear later on the Agenda. Mrs. Byrnes cited the
Memorandum dated October 28th from the Director of Recreation
recommending denial of the lease agreements until the Park
Master Plan is complete and until sites other than Lot A are
reconsidered. Mrs. Byrnes requested Council direction regarding
timing in order to coordinate the preservation and relocation
of the stable facility currently within Tract 8485.
-1- 11/2/77
(55) Carolyn Churm, President of the Assistance Guild of the
Capistrano Valley, addressed the Council to urge initiation
of an amendment to the Land Use Code to allow location of a
Thrift Shop within the CM (Commercial/Manufacturing) District
in Sycamore Plaza.
PUBLIC HEARINGS
1.
(85) This Public Hearing was scheduled for the purpose of allowing
interested parties to address the Council following a presenta-
tion on proposed access and circulation plans by the developer _
of Bear Brand Ranch Parcel 5A, which is located in County
territory adjacent to the west City limits.
Written Communications:
1) Reports dated November 1 and 2, 1977, from the
Director of Community Planning and Development advising
that the developer has contracted for the preparation of
a traffic study to analyze traffic access. Background
informational materials were also furnished. Staff
recommends the formation of an ad hoc study committee which
would review the issues and make recommendation to the
Council.
(2) Letter dated November 2, 1977, from James Spaulding,
32012 Via de Linda, requesting a factual study of the
egress situation.
(3) Letter dated October 29, 1977, from Robert 0. Hill,
President of Bear Brand Ranch, addressed to Sun Ranch
Homeowners.
(4) Letter dated November 2, 1977, from Robert O. Hill
forwarding questionnaires to Sun Ranch Homeowners.
Presentation:
Robert O. Hill, President of Bear Brand Ranch Company, 250
Newport Center Drive, Newport Beach, California, addressed
the Council and cited his willingness to work with residents,
the City, and County to arrive at a feasible access plan short
of La Punta and Sacarama. Mr. Hill noted the questionnaires
sent to residents and listed concerns with responses received.
Mr. Hill noted it is unlikely that Calle Aspero could be con-
tinued through the development to Peppertree Bend Road. Hiking
trails would be connected to Camino del Avion, which would
provide a route for school children. Mr. Hill noted his
willingness to assist with the following: traffic signal at
Del Obispo Street and Calle Aspero; widening of Calle Aspero
to full width; extension of Crumrine Road. Mr. Hill noted
he is in favor of the formation of an ad hoc study committee
and would like to work for a solution in a spirit of accommo-
dation.
Mr. Hill and Council members then discussed Mr. Hill's
interests in surrounding properties; possibility of Peppertree
Bend as a cul-de-sac; use of Purple Sage. The possibility of
annexation to the City was discussed, and Mr. Hill advised he
would be willing to discuss the matter, although during
previous annexation discussions conditions had been imposed
which he was unable to meet. A road extension to Camino del
Avion/Alipaz was discussed with access to the north via Crown
Valley. Mr. Hill noted he would support an extension to del
Avion if it were a rural road rather than an arterial highway.
-2- 11/2/77
A private, gated community to prevent through traffic was 2 00
suggested, as well as emergency breakthrough access to Calle
Aspero. Mr. Hill stated that the proposed 40 sites within
the development would generate 2720 vehicular trips per day,
which would not have a substantial impact since Calle Aspero
is designed to accommodate 8000 trips per day.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the public hearing open and asked for comments from
members of the audience. The following persons responded:
1. Don Markowski, 32022 Paseo de Alessandro, supported
Calle Ricardo and Calle Aspero as cul-de-sacs.
2. Raymond Green, 31982 Avenida Evita, suggested that the
Traffic and Transportation Commission be included in
committee membership.
3. Robert Paniotto, 32182 Paseo Manuel, spoke in opposition
to additional traffic on Del Obispo Street.
4. Ron Lyons, 31801 Via de Linda, presented a petition signed
by approximately 17 residents of Via de Linda seeking
abandonment of Sacarama Street from the City to the
owners of adjacent Via de Linda property located in
Sun Ranch and adjacent to Tract 9390. Mr. Lyons also
spoke in support of the formation of a study committee.
5. Ernest Chapman, 25961 Calle Aspero, stated that residents
of the Meisner Tract have hired an attorney in order to
rescind public right-of-way easements previously granted
for Calle Aspero.
6. Jim Larsen, 32031 Paseo de Alessandro, cited traffic
volumes generated by various developments.
7. Bob Hill, President of Bear Brand Ranch, clarified that
the development is proposed as a land sale subdivision
with custom homes. In response to Councilman Sweeney,
Mr. Hill advised he would be willing to consider Alipaz
and Camino del Avion as an alternative to use of Calle
Aspero.
8. Jim Turley, 31852 Via de Linda, suggested that a gated
community with emergency access should be explored by
the committee.
9. Bruce Church, representing the San Juan Alliance of
Homeowners Association, urged that all alternatives be
explored to resolve problems.
10. Terry C. Heckett, Attorney at Law, 250 Newport Center
Drive, Newport Beach, representing Bob Hill, spoke in
support of formation of a committee to come to a
regional decision.
11. Bryon Claypool, 31821 Via de Linda, cited hazards and
bottlenecks in emergency situations.
Councilman McDowell left the Council Chamber at 9:03 P.M.
and returned at 9:20 P.M.
12. Diane Lyons, 31971 Paseo Monte Vista, stated that they
had granted a 30' easement of their property for the
benefit of the existing community, not for homes located
outside of the City nor for an interconnecting highway.
There being no one else wishing to address the Council, Mayor
Heckscher declared the Public Hearing closed at 9:05 P.M.
-3- 11/2/77
2 0 1 Council discussion ensued. Councilman Friess noted that
solving problems in one area may create problems in other
areas such as above Aguacate Road; suggested that the Traffic
and Transportation Commission should be represented on the
committee. Mayor Heckscher advised that staff .'expected
to make suggestions on the structure of the committee and that
representatives of Sun Ranch and the Meisner development will
be asked for input. There was a consensus that the Mayor and
City Manager will decide which staff members and homeowners
should serve on the committee. Mr. Heckscher noted that he
would not decide upon the composition of the committee without
coordinating closely with each Council Member; and, requested
assurance from the County that the City would not be pre-empted
during the discussion period. Mr. Peter Herman, of Supervisor
Riley's office, indicated that with approval of the tentative
tract, the County's interest in the project is complete.
Mayor Heckscher requested that Traffic and Transportation _
Commission member Raymond Green select a member of that
Commission to serve on the committee.
Formation of Bear Brand 5A Access Committee:
It was moved by Councilman Sweeney and seconded by Councilman
Nash to accept the recommendation of staff and form a committee
to allow representatives of the homeowners, City Council,
Traffic and Transportation Commission, Planning Commission,
County and developer to review the facts and all information
received and report back with a recommendation and evaluation
of alternate access possibilities, including Alipaz extended
to the north and Camino del Avion to the south. The motion
carried by unanimous vote.
RECESS AND RECONVENE
Council recessed at 9:22 P.M. and reconvened at 9:50 P.M.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. INITIATION OF AMENDMENT TO LAND USE
(55) This item was taken out of order on the Agenda for the benefit
of interested persons in the audience.
Proposal:
An amendment to the Land Use Management Code to permit the
establishment of a non-profit thrift shop use in the CM
(Commercial/Manufacturing) District for the renovation,
repair and retail sale of donated merchandise in the Sycamore
Plaza development on Paseo Adelanto. Such use is currently
permitted in the CG (General Commercial) District.
Applicant:
The Assistance Guild of Capistrano Valley, c/o Mrs. Richard
Lovejoy, Thrift Shop Chairman, 603 Vista Valinda, San Clemente,
California 92672.
written Communications:
Report dated November 2, 1977, from the Director of Community
Planning and Development forwarding the recommendation of the
Planning Commission that consideration of an amendment to the
Land Use Code be initiated.
Initiation of Amendment to the Land Use Management Code:
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to initiate consideration of
an amendment to Section 3.4.15 of Ordinance No. 293 relating
-4- 11/2/77
especially to the addition of thrift shops as a permitted use
in the CM (Commercial/Manufacturing) District; the proposed
amendment is referred to the Planning Commission for review
and recommendation to the City Council.
Mayor Heckscher requested that the City Attorney provide an
opinion relating to discriminatory ordinances if the amendment
is written so that the possibility of allowing secondhand
stores in the CM District is eliminated.
PUBLIC HEARINGS (CONTINUED)
2. CONCEPT REVIE
(95) Proposal:
Approval of a zone change from GM (Growth Management) to RM
(Multiple Family) and approval of a residential concept plan
processed in accordance with Ordinance No. 314 (Growth
Management) for 41 townhouse units on 4.2+ acres of land
located on the southwest corner of Camino Las Ramblas and
Via California at the south City limits.
Applicant:
Thomas Landolf, P. O. Box 1154, Laguna Beach, California 92652
Written Communications:
Report dated November 2, 1977, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission.at their meeting of
October 11, 1977.
Public Hearing:
Notice having been 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:
1. Thomas Landolf, the applicant, advised that he was.
present to answer any questions.
There being no one else wishing to address the Council,
Mayor Heckscher declared the Public Hearing closed.
(95) Reconsideration of Rezone Desi nations:
MayorHeckscher irecte that Council be advised whenever a
rezone is approved on a project map and subsequently the
project for any rezone is not executed within the period
of one year, so that Council may consider taking action
to rezone the property back to its prior designation.
Approval of Focus Environmental Impact Report:
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried to accept the Focus Environmental
Impact Report as adequate with the determination that its
acceptance should not be construed as concurrence with all
the information presented in the document nor as approval
or denial of the project.
Approval of Rezone 77-10:
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 introduced:
ORDINANCE NO. 337, REZONE 77-10 (LANDOLF) - 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 ASSESSOR'S PARCEL NO. 675-O81-12 FROM
GM (GROWTH MANAGEMENT) TO RM (MULTIPLE FAMILY)
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2 One motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
Approval of Project Rating Scale:
It was moved by Councilman Friess, seconded by Councilman
Nash and unanimously carried to approve a Project Rating
Scale of 62 points.
Approval of Concept Development Plan:
It was moved by Councilman McDowell and seconded by Councilman
Friess that the following Resolution be adopted;
NO. 77-11-2-1. GROWTH MANAGEMENT 77-1
\LftilL"Ll) - A nzoviLV11VA VX 1nz ti 11 l VVl\1..1L VX lnr,
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
A CONCEPTUAL DEVELOPMENT PLAN PROCESSED IN ACCORDANCE
WITH ORDINANCE NO. 314 (GROWTH MANAGEMENT)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
3. REZONE 77-6 (HUSBY)
(95) Proposal:
Approval of a zone change from RS (Single Family) to CG (General
Commercial) for a portion of an existing triangular-shaped
parcel to permit a parking facility related to a proposed
commercial building. The parcel is located on Avenida Padre
with frontage on Camino Capistrano.
Applicant:
Knut Husby, 26332 Via Alano, San Juan Capistrano 92675
Written Communications:
Report dated November 3, 1977, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission at their meeting
of October 11, 1977.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in
the audience wished to address the Council. There being no
response, the Public Hearing was closed.
Approval of Rezone 77-6:
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 introduced:
ORDINANCE NO. 335, REZONE 77-6 (HUSBY) - 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 ASSESSOR'S PARCEL NO. 124-120-44
FROM RS (SINGLE FAMILY) TO CG (GENERAL COMMERCIAL)
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204
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
ORDINANCES
1. ORDINANCE NO. 336, REZONE 77-9 - TRACT 6381. REVISED
(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. The Ordinance was introduced at the meeting of
October 19, 1977. It was moved by Councilman McDowell and
seconded by Councilman Nash that the following Ordinance be
adopted:
ORDINANCE NO. 336. REZONE 77-9 (FREDRICKS DEVELOPMENT
I.UzWVnN11VA) - AA VnUXAY u� VX lnr, l L l i VX oniv v ur A
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF PROPERTIES DESIGNATED BELOW FROM RS (SINGLE
FAMILY), ES (SMALL ESTATE), AND OS (OPEN SPACE) TO
RS (SINGLE FAMILY), ES (SMALL ESTATE), OS (OPEN
SPACE), AND OR (OPEN SPACE RECREATION)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
2. ORDINANCE NO. 339. REPEAL OF SUPERSEDED ORDINANCES
(55) Council received copies of a report dated November 2, 1977,
from the City Clerk requesting repeal of Ordinances Nos. 16,
127, and 187, since they have been superseded by other City
ordinances or by State statutes. The ordinances refer to
Intoxication, Employees' Retirement Income Plan, and Franchise
to American Postal Corporation to Deliver Handbills, respectively.
The action is requested as a "clean up" measure in connection
with preparation of the City Code.
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 Sweeney that the following Ordinance be introduced:
NO. 339. MUNICIPAL
Vr VZAIAIA Vn"1AAA1-zD - AA VnVIAH UP, Ur Inz \.11'I V1'
SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING ORDINANCES
NUMBERED 16, 127, AND 187
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
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2 P 5RDINANCE NO. 3j AMENDMENTS TO TRAFFIC
ORDINANCE NO. 295 (INTRODUCTION
(55) Council received copies of a report dated November 2, 1977,
from the City Clerk requesting that Articles 4-2 and 4-6
of Ordinance No. 295, Traffic Regulations, be amended to
conform with the provisions of the California Vehicle Code.
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 Sweeney that the following Ordinance be introduced:
TO ORDINANCE NO. 295 -
IONS - AN ORDINANCE OF THE CITY OF SAN
, CALIFORNIA, AMENDING ORDINANCE NO. 295
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
4. PROPOSED ORDINANCE LIMITING CAMPAIGN CONTRIBUTIONS
(40) Council received copies of a report dated November 2, 1977,
from the City Clerk forwarding a proposed ordinance prepared
by the City Attorney which would limit campaign contributions,
as requested by the City Council on September 7, 1977.
The ordinance is proposed in order to place reasonable limits
upon campaign contributions in municipal elections to assure
that the amount of money contributed would not materially
influence the outcome of any election. Prior ordinances
limiting expenditures are proposed for repeal since they are
no longer effective.
It was the consensus of the Council that the Ordinance be
returned for consideration at the meeting of November 16,
1977, after clarification of the following concerns:
Section 1, use of the words "single person;"
Section 2A, definition of "person" to include entities
and groups;
should be two sections to refer to
candidates and to issues;
clarification of whether a committee
could accept more than $100;
Section 2B, Anonymous Contributions, should refer to
issues as well as candidates;
Section 3, Effect of Violation, should provide for a
misdemeanor offense and state the penalties;
termination of candidacy and eligibility for
election to be clarified.
Council also requested that a fund be established for
contributions which exceed the allowable amount, with the funds
used to defray the costs of printing and handling candidates'
statements in future City elections; that a disclaimer paragraph
be added with regard to the use of the word "he;" that reference
be made to in-kind contributions; that consideration be given
to limiting contributions to $50.
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5. DISCLOSURE OF ESCROW INFORMATION TO HOMEBUYERS 2 0 6
(85) Council received copies of a report dated November 2, 1977,
from the City Manager forwarding a proposed ordinance prepared
by the City Attorney which requires disclosure of information
to homebuyers with regard to issuance of Certificates of Use
and Occupancy.
It was the consensus of the Council that the Ordinance be
returned for consideration at the meeting of November 16th
after clarification of the following concerns:
Section 2, providing for a Notice to Purchaser, should
refer to not only the seller or developer
of property, but also to persons acting as
escrow agents;
should include instructions on how to ascertain
when a permit will be issued;
All sections should be specific that the Certificates of
Use and Occupancy are issued by the City.
RESOLUTIONS
1. GENERAL MUNICIPAL ELECTION, MARCH 7, 1978 -
REQUESTING COUNTY SERVICES
(40) Council received copies of a report dated November 2, 1977,
from the City Clerk forwarding a proposed Resolution requesting
the Board of Supervisors to permit the Registrar of Voters to
render certain services for the March 7, 1978, municipal
election. The services include preparation of registered
voter addresses and polling place notices for the sample ballot
mailing.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted:
-11-2-2
MallilAu Drny11.8D - H nzouLU-11U1Y Ur lnr. 1.111 1.UUAU1L Ur
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER
SPECIFIED SERVICES TO THE CITY OF SAN JUAN CAPISTRANO;-
CALIFORNIA, RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON MARCH 7, 1978
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
2. CALLING GENERAL MUNICIPAL ELECTION FOR
TUESDAY, MARCH 7, 1978
(40) Council received copies of a Resolution calling and giving
notice of the General Municipal Election to be held on
Tuesday, March 7, 1978, for the election of three members of
the City Council for 4 -year terms. The polls will be open
from 7:00 A.M. to 8:00 P.M.
It was moved by Councilman Nash and seconded by Councilman
McDowell that the following Resolution be adopted:
-9- 11/2/77
AIG ELECTON FOR MARC
207 1978LUTAORESOLUTIONI F THECCITYNCOUNCILIOF THE CITYHOF
SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD IN SAID CITY ON TUESDAY, THE 7TH DAY OF
MARCH, 1978, FOR THE ELECTION OF CERTAIN OFFICERS OF
SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS
OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW
CITIES
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
3. MARCH 7, 1978, GENERAL MUNICIPAL ELECTION -
(40) Council received copies of a report dated November 2, 1977,
from the City Clerk forwarding a proposed Resolution providing
that each candidate for election shall pay the actual prorated
costs of printing and handling their Candidate's Statement.
If candidates wish to submit a Candidate's Statement, it is
included with the sample ballot materials mailed to all
registered voters. A Spanish translation of each such state-
ment is provided by the City Clerk. The costs are estimated
at approximately $175 per candidate.
It was moved by Councilman McDowell and seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 77-11-2-4. CANDIDATES' STATEMENTS -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS
SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR
THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY
ON TUESDAY, THE 7TH DAY OF MARCH, 1978
Section 4 of the Resolution is amended to read as follows:
"SECTION 4. That each candidate filing a candidate's
statement shall pay the sum of $175.00 at the time of filing
nomination papers to cover the costs of printing and handling.
If the actual costs are determined to be less than $175.00, the
difference shall be refunded to the candidate. If the actual
costs are determined to be more than $175.00, the difference
shall be billed to the candidate and such bill shall be due
and payable immediately upon receipt thereof." _
The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Nash and
Mayor Heckscher
NOES: Councilman Sweeney
ABSENT: None
Mr. Sweeney stated his vote was in the negative due to the
amount of the charge.
-10- 11/2/77
4. MARCH 7, 1978, GENERAL MUNICIPAL ELECTION - U
AUTHORIZING COUNCIL MEMBERS TO FILE WRITTEN ARGUMENT
AGAINST COUNCIL DISTRICTS BALLOT MEASURE
(40) Council received copies of a report dated November 2, 1978,
from the City Clerk providing a sample resolution which would
authorize Council Members to file a written argument against
the initiative ordinance proposing election of Council
Members by 7 districts, pursuant to Elections Code Section 4015.
It was moved by Councilman Nash and seconded by Councilman
Friess that Councilmen Sweeney and McDowell be authorized to
file a written argument on behalf of the City Council and
that the following Resolution be adopted:
NO. 77-11-2-5. 1978
"ALLIJl Anyu1V181V1 - A nGouLullUIN yr 1nG l.11l IWVlN� W.
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT
AGAINST THE ORDINANCE DIVIDING THE CITY INTO SEVEN
(7) DISTRICTS FOR ELECTION OF MEMBERS OF THE CITY
COUNCIL BY DISTRICT
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
The printed argument will be included with each sample ballot
sent to the registered voters, shall not exceed 300 words in
length, and must be filed with the City Clerk on or before
January 3, 1978.
5. CITY ATTORNEY'S IMPARTIAL ANALYSIS
OF COUNCIL DISTRICTS BALLOT MEASURE
(40) It was moved by Councilman Nash, seconded by Councilman Friess
and unanimously carried to direct the City Clerk to forward a
copy of the initiative measure, which proposes to divide the
City.into 7 districts for the election of Council Members by
district rather than at large, and setting forth a method of
transition from a 5 to 7 member Council, to the City Attorney
for preparation of an impartial analysis. The analysis, showing
the effect of the measure on the existing law and the operation
of the measure, will be included with each sample ballot sent
to the registered voters, and shall not exceed 500 words in
length.
CONSENT CALENDAR
It was moved by Councilman McDowell and seconded by Councilman Sweeney
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 Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
-11- 11/2/77
2 Q 9 APPROVAL OF WARRANTS
(41) The List of Demands dated November 2, 1977, Warrants Nos. 12638
through 12751, inclusive, in the total amount of $386,047.30, is
approved as submitted.
2. REPORT OF PLANNING COMMISSION MEETING OF OCTOBER 25 1977
(67) The Report of actions taken by the Planning Commission at its
meeting of October 25, 1977, is ordered received and filed.
3. DIVISION OF LAND 76-11
SEWER
(85) The following action is approved with regard to Division of
Land 76-11: -
(1) The Agreement to Postpone Installation of Public Improvements
between the City and Harlan Rogers is approved and the
Mayor and City Clerk authorized to execute the Agreement
on behalf of the City;
(2) The Easement Deed from Harlan Rogers to the City for
public sewer purposes within ,the public cul-de-sac
extension. of Avenida Evita and within the private street
extension from Avenida Evita is accepted;
(3) The Declaration of Restrictions for Lot 2, Tract 318
dated September 14, 1977, and signed by Harlan Rogers,
Donald Hobbs, Rowe Sanderson III, and Richard L. McMechan,
is approved.
The above documents are to be transmitted to the Office of the
Orange County Recorder for recordation.
4. TRACT 9299 (KCS SYSTEMS) - REQUEST FOR DEFERMENT
OF FEES FOR SANITARY SEWER HOOKUP
(85) The request of Denis P. Kutch dated October 18, 1977, for
deferment of payment of sanitary sewer hookup fees, as required
by Condition of Approval 14a of Tentative Tract 9299, is approved
until such time as a building permit is issued for each lot.'
The Tract is a land sale subdivision; the developer is KCS
Systems Incorporated, Box 337, San Juan Capistrano, California
92675.
5. SERRA, PROJECT COMMITTEE NO. 11, SLUDGE MANAGEMENT -
(79) The following Resolution is adopted:
RESOLUTION NO. 77-11-2-6. AMENDING THE BUDGET FOR
1977-78 FISCAL YEAR. SERRA PROJECT COMMITTEE NO. 11.
SLUDGE MANAGEMENT - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA" AMENDING
THE BUDGET FOR 1977-78 FISCAL YEAR
The Resolution approves the expenditure of $1200 representing
the City's share of Project Committee No. 11, a study of elements
to be used in preparing a regional sludge disposal plan.
6. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS
(79) The specifications and call for bids for laboratory equipment
for the treatment plant are approved, and the Director of Public
Works authorized to receive said bids.
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7. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS O
(75) The specifications and call for bids for a 4 -door sedan for
use by the Community Planning and Development Department's Land
Use Coordinator are approved and the Director of Administrative
Services authorized to receive said bids.
DIVISION OF LAND 77-4
(85) Council received copies of a report dated November 2, 1977,
from the Director of Community Planning and Development
advising that a final report on inspection of the trees north
of the knoll area within Division of Land 77-4 will be submitted
at the meeting of November 16th.
Mr. Lee Phelps addressed the Council in support of issuance
of the tree removal permit. Mr. Harold Mitchell, consulting
arborist from San Gabriel, advised that the sycamores have
an extensive rot condition and should be removed.
It was the consensus of the Council that the matter be
considered at the meeting of November 16th.
AMENDMENT TO LAW ENFORCEMENT SERVICES
CONTRACT (COUNTY OF ORANGE
(38) The Director of Administrative Services advised that a report
will be submitted at the meeting of November 16th.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. REQUEST FOR PERMISSION TO EXPAND RANCH MARKET
(VERMEULEN)
(68) Council received copies of a report dated November 2, 1977,
from the Director of Community Planning and Development; and,
copies of a letter dated October 12, 1977, from Mr. Charles
Vermeulen requesting permission to expand the building and
parking areas of Vermeulen's Ranch Market located on Del
Obispo Street. The request is for a building addition of
from 5500 - 6000 square feet and the addition of 60 parking
spaces.
It was moved by Councilman Nash and seconded by Councilman
Friess as follows:
(1) Determine that the parking expansion proposal should
be processed immediately and to refer same to the
Planning Commission for review and recommendation;
(2) Determine that the other aspects of his proposal may
be warranted, but only if consistent with the present
General Plan designation of permanent agriculture;
(3) Direct staff and the Agriculture Preservation Committee
to prepare alternate proposed rezoning to provide for the
requested expansion in a manner which is still consistent
with General Plan Amendment 77-1.
The motion carried by the following vote:
AYES: Councilmen McDowell, Friess, Nash and
Mayor Heckscher
NOES: Councilman Sweeney
ABSENT: None
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2 APPEAL OF PLANNING COMMISSION DECISION
REGARDING GENERAL PLAN RIDGELINE DESIGNATION
ASSESSOR'S PARCEL 124-240-91 (FROST
(46) Council received copies of a report dated November 2, 1977,
from the Director of Community Planning and Development
regarding the decision made by the Planning Commission at their
meeting of October 11, 1977, in finding that the location of the
residence proposed by Mr. Jess Frost is inconsistent with the
General Plan, specifically as it relates to the policies, goals,
and objectives for ridgeline preservation. The property in
question is known as Assessor's Parcel No. 124-240-91.
Council also received copies of a letter dated October 28,
1977, from Mr. Frost responding to the staff report submitted
to the Planning Commission on October 11th and stating that the
proposed dwelling unit is consistent with the General Plan and _
would enhance low-density construction in the area.
Marlena Fox, Attorney at Law, representing Mr. Frost, addressed
the Council and reviewed the items set forth in Mr. Frost's
letter.
It was moved by Councilman Sweeney, seconded by Councilman
Friess and unanimously carried to refer the matter back to
the Planning Commission and staff for consideration of the
letter dated October 28th from Mr. Frost.
COMMISSIONS. BOARDS. COMMITTEES
EQUESTRIAN COMMISSION
1. LEASE AGREEMENTS FOR BOARDING AND RENTAL STABLES -
n DIT42QPT T. nnnT! nADY
(23) Council received copies of a report dated November 2, 1977,
from the City Clerk/Secretary to the Equestrian Commission
forwarding proposed lease agreements for a boarding stable
and a rental stable to be located in C. Russell Cook Park.
The Commission requests approval of the leases and authorization
to advertise for bids. Council also received copies of a
memorandum dated October 28, 1977, from the Director of
Recreation recommending denial of the lease agreements until
the consultant (POD, Inc.) has completed the Master Plan
for C. Russell Cook Park.
Brett Shears, Chairman of the Parks and Recreation Commission,
addressed the Council and set forth the Commission's concerns
with the leases. Ilse Byrnes, Chairman of the Equestrian
Commission, addressed the Council in support of approval of
the leases at this time.
At the suggestion of Councilman Friess, Council concurred that
the lease agreements be reviewed at a joint meeting of the
Equestrian Commission and the Parks and Recreation Commission.
PLAZA _DE PROSPERIDAD -
DETERMINATION OF CONDITION OF APPROVAL
REGARDING PUBLIC SIDEWALKS OLSEN
(68) Council received copies of reports dated October 27, 1977,
from the Director of Administrative Services, the Director
of Public Works, and the Director of Community Planning and
Development reviewing the requirements for the public sidewalk
within Plaza de Prosperidad pertaining to the installation of
colored, simulated brick textured concrete.
Roland Olsen addressed the Council and advised that the original
project plans did not delineate stamped concrete; and, that the
project is not within the Mission District.
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f04
It was moved by Councilman Sweeney, seconded by Councilman -
McDowell and unanimously carried to allow the installation
of standard concrete sidewalks on the public sidewalk in this
case, due to the City's policy of requiring simulated brick in
the Mission District, but lack of established policy for other
areas; if the Planning Commission wishes to develop such a
policy, it will be considered by the City Council, but not for
this particular project.
Mayor Heckscher encouraged Mr. Olsen to consider alternatives
consistent with his concerns of added liability and the City's
concerns with beautifying the area and stated he would support, .,
installation of a colored, scored concrete. It was the consensus.
of the Council that Mr. Olsen be requested to discuss the process
with the Director of Public Works; Mr. Olsen indicated his
willingness to do so.
SOUTH ORANGE COUNTY AIRPORT COMMITTEE
(88) Council received copies of a memorandum dated November 1,
1977, from the Director of Public Works advising that the
newly -formed South Orange County Airport Committee, which
is working on the relocation of the Capistrano Airport, has
requested that the City Council endorse the Committee's interest,
re -affirm City interest in an aviation facility, and coordinate
efforts among local City governments. The Committee indicates
that a joint powers agreement between the Cities of San Clemente
and San Juan Capistrano and the County of Orange is desirable
in order to obtain necessary funding and secure project
participation. County studies indicate the Prima Deshecha
recreation/disposal area and an existing air strip in the
north area of Starr Ranch as feasible sites.
Councilman Sweeney presented copies of a proposed letter
indicating City support of the concept and requested that the
Mayor be authorized to sign the letter. It was the consensus
of the Council that the Mayor be authorized to sign the letter
with the following amendments: (1) Line 4, change the word
after "airport" to "might" and (2) add the following sentence
at the end of the letter: "This re -affirmation of our support
in no way indicates a commitment of staff resources or funding
at this time, pending further feasibility studies."
RESIGNATION OF EQUESTRIAN COMMISSIONER RONALD LAIS
(23) Council received copies of a report dated November 2, 1977,
from the City Clerk forwarding a letter dated October 11th
from Ronald E. Lais submitting his resignation as a member
of the Equestrian Commission due to a pending move to another
City.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to accept Mr. Lais' resignation
and to direct that a letter be sent in appreciation of his
service to the City.
APPOINTMENTS
It was the consensus of the Council that consideration of appointments
to the Equestrian Commission, Planning Commission and Architectural
Board of Review be postponed until the meeting of November 16, 1977.
SERRA, PROJECT COMMITTEE NO. 2 -
TRANSFER OF TREATMENT PLANT OWNERSHIP
(79) Council received copies of a report dated November 2, 1977,
from the Director of Public Works recommending that the Mayor
be directed to execute all necessary documents and deeds to
facilitate the transfer of the treatment plant ownership to
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2 4he South East Regional Reclamation Authority and to accept
the Final Audit dated May 12, 1977, and prepared by Ernst
and Ernst.
Jim Thorpe, the City's representative to the SERRA Board of
Directors, addressed the Council regarding transfer of the
plant and a claim of jeopardizing Federal grant funds; operation
of the plant that was viewed at the time the outfall was ex-
panded has not occurred since plant ownership has not been
transferred to SERRA.
EXECUTIVE SESSION
Council recessed to Executive Session at 1:07 A.M., November 3, 1977
the City Clerk being excused therefrom, and reconvened at 2:08 A.M.,
with Councilman McDowell absent.
SERRA, PROJECT COMMITTEE NO. 2 -
TRANSFER OF TREATMENT PLANT OWNERSHIP
(79) It was moved by Councilman Nash and seconded by Councilman
Friess to authorize the Mayor to execute the Quitclaim Deed
and all necessary documents to facilitate the transfer of
the treatment plant ownership to SERRA; the audit is not
accepted at this time. The motion carried by the following
vote:
AYES: Councilman Sweeney, Friess, Nash and
Mayor Heckscher
NOES: None
ABSENT: Councilman McDowell
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 2:09 A.M., Thursday, November 3, 1977, to the next
regular meeting date of Wednesday, November 16, 1977, at 7:00 P.M.
in the City Council Chamber.
Respectfully submitted,
MARY ANN AANOVER, CITY CLERK
ATTEST:
00,
Y-VgX O. HECKSCHER, MAYOR
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