76-1214_CC_Minutes_Adjourned Regular Meeting41
JANUARY 14, 1976
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN JUAN CAPISTRANO
CALIFORNIA
The Adjourned Regular Meeting of the City Council was called to
order by Mayor Weathers at 7:04 P.M. in the City Council Chamber,
followed by the Pledge of Allegiance to the Flag. The meeting
was called for the purpose of continuing consideration of the City
Council Agenda of January 7, 1976.
ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Douglas B. Nash
Councilman Yvon 0. Heckscher,
who joined the meeting at 7:23 P.M.
COUNCILMEN ABSENT: Councilman Roy L. Byrnes
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; Dennis Bushore, Principal
Engineering Aide; John O'Sullivan, Director of Administrative
Services; Larry Lawrence, Acting Director of Planning; James S.
Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
INITIATION OF GENERAL PLAN AMENDMENT NO. 76-1
Council received copies of a. report dated January 7, 1976, from
the Director of Planning outlining the requirements of the Land
Use Management Code tba.t the City Council consider petitions for
General Plan Amendments at their first regularly scheduled public
meetings in the months of January, April, and August. After
consideration of any such petitions, Council would direct the
Planning Commission to consider specific petitions as a part of
a General Plan Amendment. The report also lists four separate
items for Council consideration, and the Acting Director of
Planning summarized the items, as follows: (1) the impact of
proposed construction of Route "E" in the Alto Capistrano area;
(2) a drafting error in A.P. No. 668-112-04 and -05, CUP 75-5
(Kord carwa.sh); (3) Mission Hills Ranch petition; (4) proposed
amendments to various Elements of the General Plan.
After discussion, Council deferred consideration of General Plan
Amendment No. 76-1 until after consideration of the next Agenda
item. That item refers to Route "E" in the Alto Capistrano area
and is included in the proposed Amendment.
Councilman Heckscher joined the meeting at 7:23 P.M.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. STATUS REPORT ON ALTO CAPISTRANO DEVELOPMENT - ROUTE "E"
Council received copies of a report dated January 7, 1976,
from the Director of Public Works outlining the status as of
January 1, 1976, of the design of Route "E," the extension of
Camino Las Ramblas and a road to the Meredith subdivision,
includin- provisions for a City park, a flood control reten-
tion basin, and a subdivision. At their meeting of October 1,
1975, Council had directed staff to prepare a definitive
design plan to accomplish the project in order to alleviate
through traflie to the existing Alto Capistrano area.
The Director of Public Works made an oral presentation to the
Council, including maps showing alternative design plans for
street and subdivision alignment, and set forth that the issue
a t
. hand is the grading of ridgelines necessary to accomplish
the design. In order to approve the construction of the Las
Ramblas extension through his property, the representative of
the owner of the land between the existing Alto Capistrano
development and the Meredith Tract (Morris Misbin) requires a
design plan which would be financially feasible to him.
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Councilman Sweeney noted that while the problem of traffic
may be resolved by the designs presented, the residents of the
area should be aware that other problems would be created
once development of the area commences, i.e., construction
activity, dust, noise, etc. Councilman Heckscher stated
that he did not feel that Route "Ell would solve the traffic
problems on Via de Agua. Council discussion ensued of the
problems inherent in deviating from the General Plan and
ridgeline designations. Mayor Weathers noted that the designs
would have to be processed through the Traffic Commission and
the Planning 'Commission and suggested that the Director of
Public Works make a presentation of the proposed designs to
the members of the Planning Commission.
INITIATION OF GENERAL PLAN AMENDMENT NO. 76-1 (CONTINUATION)
Council discussed the appropriateness of commencing the initiation
of a General Plan Amendment prior to the hiring of a new Planning
Director.
It was moved by Councilman Sweeney and seconded by Councilman
Nash that a General Plan Amendment be initiated for the four items
listed on the January 7, 1976, report from the Director of Planning.
With the concurrence of the second, the motion was then withdrawn.
Council theii considered the four items individually, as follows:
1. Impact of Route "Ell Alignment -
It was moved by Councilman Sweeney and seconded by Councilman
Nash to initiate as a part of General Plan Amendment No. 76-1
the necessary modifications to the General Plan with respect
to rid-elines, density, and hillside development criteria in
that area east of Alto Capistrano. The motion carried by the
following vote:
AYES: Councilmen Sweeney, Nash, and Mayor Weathers
NOES: Councilman Heckscher
ABSENT: Councilman Byrnes
2. Technical Correction to A.P. No. 668-112-04 and -05, CUP 75-5
(Kord Carwash) -
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to initiate as a part of General
Plan Amendment No. 76-1 the correction of a drafting error
to CUP 75-5. The map designation is Open Space; the zoning
is Commercial Manufacturing. The Planning Commission has
determined that the zoning is proper and that the map designa-
tion is a technical error.
3. Mission Hills Ranch, Inc. - Phase 11 -
It was moved by Councilman Sweeney and seconded by Mayor
Weathers to initiate as a part of General Plan Amendment No.
76-1 the consideration of the petition regarding the area
encompassed in the proposed Phase II of Mission Hills Ranch,
which is that area east of the existing Mission Hills Ranch
development. The motion carried by the following vote:
AYES: Councilman Sweeney and Mayor Weathers
NOES: Councilman Nash
ABSTAIN: Councilman Heckscher
ABSENT: Councilman Byrnes
4. Amendments to Various General Plan Elements
It was moved by Councilman Sweeney, seconded by Mayor Weathers
and unanimously carried to initiate as a part of General Plan
Amendment No. 76-1 certain amendments pertaining to the
Circulation Element, Parks and Recreation Element, and the
Open Space Conservation and Agricultural Perpetuation Program.
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DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (CONTINUED)
1. SERRA PROJECT COMMITTEE #3 BUDGET -
LEASE OF OCEAN OUTFALL
Council received copies of a report dated January 7, 1976,
from the Director of Public Works regarding the budget for
the lease and operation of the existing ocean outfall, as
approved by the SERRA Board of Directors at their meeting of
December 11, 1975.
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried to approve the budget for Project
Committee #3 in the amount of $30,000, and to authorize the
payment of up to $5,000 for the City,ls participative share.
2. SANITARY SEWER EASEMENT - REQUEST FOR CITY ASSISTANCE
ASSESSOR'S PARCEL NO. 668-072-05 (ASHIK)
Council received copies of a report dated January 7, 1976,
from the Director of Public Works forwarding background
information on the request of Mr. Goultekin Ashik for use of
the City's condemnation powers in acquiring a sanitary sewer
easement through adjacent property pursuant to the provisions
of the Subdivision Map Act.
It was moved by Councilman Sweeney and seconded by Councilman
Nash to direct staff to commence the necessary condemnation
proceedings with the condition that Mr. Ashik will bear the
total expense of such proceedings. At the request of Council-
man Heckscher, the motion was amended to include the posting
of a. bond by Mr. Ashik to cover any costs the City may incur.
The vote on the motion was unanimous. Staff will not preeed
on this matter until Mr. Ashik has made the commitment in
writing, at which time a Resolution of Intention will be
required.
COMMISSIONS. BOARDS. COMMITTEES:
PLANNING COMMISSION
Ur UUMyJ,1AAUZ -
ASSESSOR'S PARCEL NOS. 649-101-18 AND -19 (ENGLISH)
Council received copies of a report dated January 7, 1976,
from the Director of Planning providing background material
regarding the Planning Commission denial of a Certificate
of Compliance for the subject property. Forwarded also were
copies of a letter dated December 21, 1975, from Mr. English,
appealing this denial.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to uphold the Planning Commission
action and inform the applicant that if a new parcel map
could be created for the original 3-1/2 acre parcel, that four
building sites would be permitted provided that minimal
frontage requirements are met and that other normal conditions
of approval for that area apply.
2. APPEAL OF PLANNING COMMISSION
Council received copies of a report dated January 7, 1976,
from the Director of' Planning regarding action taken by the
Planning Commission on December 16, 1975, in finding that a
27 square foot roof sign for the El Adobe Restaurant, as
recommended by the Architecutral Board of Review, fulfills
the conditions of approval for Zone Variance 75-8; and, that
the existing roof sign is to be removed within 30 days, or
January 16, 1976. Council also received copies of a letter
dated December 23, 1975, from Edwin Cornwell, proprietor,
appealing the above actions. The applicanthad also submitted
the Commission which requested approval of
* new proposal to
* 72 square foot roof sign.
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The following persons addressed the Council*
1. Betsy Strauss of the law firm of Rutan & Tucker, addressed
the Council on behalf of the applicant. She stated that,
in order to be effective as a roof sign, the minimum size
should be 72 square feet in order to be visible from the
direction of the Ortega Highway.
2. Marilyn Williams, resident and merchant, addressed the
Council in favor of the larger sign and requested that
Council overrule the Planning Commission action.
3. Edwin Cornwell, proprietor, representing El Adobe
Restaurant.
It was moved by Councilman Nash and seconded by Councilman
Heckscher to upheld the action of the Planning Commission in
finding that a 27 square foot roof sign for the El Adobe
Restaurant fulfills the conditions of approval for Zone
Variance 75-8. With the concurrence of the maker of the
motion and the second, the motion was then amended to include
a 15 -day extension of time beyond the date of January 16,
1976, for the removal of the existing roof sign. The motion
carried by the following vote:
AYES: Councilmen Nash, Heckscher and Mayor Weathers
NOES: Councilman Sweeney
ABSENT: Councilman Byrnes
CULTURAL HERITAGE COMMISSION
1. APPEALS FROM INCLUSION IN THE INVENTORY OF HISTORICAL SITES
Council received copies of a report dated January 7, 1976v
from the Director of Administrative Services forwarding the
recommendations of the Cultural Heritage Commission with
regard to appeals from inclusion in the Inventory of Historical
and Cultural Landmarks.
(a) Request of John Pollak:
RESOLUTION NO. 76-1-14-1: JUAN AVILA ADOBE PROPERTY -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DELETING ASSESSOR'S PARCEL NO.
121-150-20 FROM THE INVENTORY OF HISTORICAL AND CULTURAL
LANDMARKS
It was moved by Councilman Sweeney and seconded by Mayor
Weathers that Resolution No. 76-1-14-1 be adopted. The
motion carried by the following vote:
AYES: Councilmen Nash, Heckscher, Sweeney and Mayor
Weathers I
NOES: None
ABSENT: Councilman Byrnes
(b) Request of BeLn�iEq.!!V2: JUDGE EGAN HOUSE - A RESOLUTION
RESOLUTION NO . 6
OF THE CITY COUNCIL OF THE UITY OF SAN JUAN TAPISTRANO,
CALIFORNIA, DELETING ASSESSOR'S PARCEL NO. 124-1.60-32
FROM THE INVENTORY OF HISTORICAL AND CULTURAL LANDMARKS
It was moved by Councilman Sweeney and seconded by Mayor.
Weathers that Resolution No. 76-1-14-2 be adopted. The
motion carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and Mayor
Weathers
NOES: None
ABSENT: Councilman Byrnes
The Resolution removes the Judge Egan House from the
Inventory for a period of 90 days.
(c)
TI
Cook Barn (C. Russell Cook):
It was moved by Councilman Nash, seconded by Councilman
Hockscher and unanimously carried to authorize the
undertaking of a structural analysis of the Cook Barn.
OF APPROVAL - EXTERIOR FINISH AND UTI
CAPISTRANO VALLEY BAPTIST CHURCH
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Council received copies of a report dated January 14, 1976, from
the Acting Director of Planning providing background information
on conditions of approval imposed on the construction of the new
sanctuary building at the Capistrano Valley Baptist Church.
Planning Commission Resolution No. PC 75-5-20-1 provides that all
utilities, on-site and off-site, shall be placed underground and
that exterior finish of the building is to match the existing
building.
William K. Hall, 26841 Canyon Crest, Chairman of the Church
Building Committee and Church Treasurer, addressed the Council to
request that Council waive conditions of approval and allow
issuance of the occupancy certificate.
Martin F. Devenburg, painting contractor for the Church, addressed
the Council and advised that it was his interpretation that the
finish was to be "simulated" stucco, not Spanish stucco.
Mr. Foster, La Habra Stucco Products, addressed the Council to
advise that a stucco color coat could be applied to the finish
if it were sandblasted first.
Pastor Davenport also addressed the Council regarding permanency
of an applied color coating.
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried as follows:
1. Council finds that there are construction techniques available
to permit matching of the finish on the sanctuary building -
both color and texture - to that of the assembly building, as
required by Condition 19 of Planning Commission Resolution No.
PC 75-5-20-1; and, .
A $7500 Letter of Credit is required providing binding
assurance that Condition 19 shall be fulfilled to the satis-
faction of the City Council within six months of the issuance
of a Certificate of Use and Occupancy for the sanctuary
building; said Letter of Credit to be filed with the City
prior to issuance of the Certificate.
2. An $11,000 Letter of Credit is required providing binding
assurance that on-site utilities shall be undergrounded
within one year of the issuance of a Certificate of Use and
Occupancy for the sanctuary building; said Letter of Credit
to be filed with the City prior to issuance of the Certificate;
and,
The Church is required to enter into a binding agreement to
participate in a future improvement project for the under -
grounding of off-site utilities on Del Obispo Street.
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3. Issuance of the temporary Certificate of Use and Occupancy is
authorized for the sanctuary.building upon satisfaction of
the above conditions, and all other Conditions of Approval
set lorth in Planning Commission Resolution No. PC 75-5-20-1,
and all other applicable City and County ordinances. .
COUNCIL REMARKS
Councilman Nash noted that Christmas lights in some areas remain
in place throughout the year and requested that this item be
placed on the list of proposed modifications to the Land Use
Management Code.
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FREEDOM TRAIN VISIT - TRAFFIC CONTROL
Council received copies of a report dated January 14, 1976, from
the Director of Public Works requesting approval of major modifica-
tions in traffic and crowd control measures during the visit of the
i'unerican Freedom Train on January 19 and 20, 1976.
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to approve the following street closures:
Camino Capistrano from Acjachema to Ortega Highway, and
Ortega Highway from El Camino Realto Camino Capistrano, and
to permit the closing of El Camino Real from Ortega Highway
to Forster, and Forster and Camino Capistrano from Forster
to Del Obispo Street, at the discretion of the law enforce-
ment agency.
FREEDOM TRAIN VISIT - CONCESSION BOOTHS
Council received copies of a report dated January 14, 1976, from
the City Clerk forwarding the list of concessionaires for the
American Freedom Train celebration, as approved by the Bicentennial
Committee.
Mayor Weathers ordered the report received and filed.
RECESS AND RECONVENE
Council recessed at 9:40 P.M. to an executive session to discuss
legal and personnel matters and reconvened at 10:36 P.M.
ARCHITECTURAL BOARD OF REVIEW - APPOINTMENT OF MEMBER
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that Phyliss Shainman be appointed as a
member of the Architectural Board of Review to fill an existing
vacancy on that Board.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:39 P.M. to the next regular meeting date of
Wednesday, January 21, 1976, at 7:00 P.M. in the City Council
Chamber.
APPROVED:
Respectfully submitted,
MARY 7,NHANOVER, CITY CLERK
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