76-0414_CC_Minutes_Regular MeetingAYES; Councilmen Sweeney, McDowell and Friess
NOES: Mayor Nash
ABSENT: Councilman Heckscher
DIRECTOR OF PLANNING
1. ROUTE "E", ALTO CAPISTRANO - ENVIRONMENTAL IMPACT REPORT
(87) Council received copies of a report dated April 7, 1976,
from the Director of Planning forwarding copies of the
Environmental Impact Report prepared on the proposed
Route "E" in the Alto Capistrano area. The report has
been accepted as a draft document by the Environmental
Review Board.
123
The Director of Planning made an oral report and advised
that it is staff's recommendation that the project be with-
drawn from consideration in General Plan Amendment 76-1
since the construction of Route "E" will not provide a sub-
stantial reduction of traffic volumes on Via de Agua; and,
the extensive alteration to a protected ridgeline and the
overall massive landform alteration are in direct conflict
with the General Plan and its policies. The design indi-
cates that only 25% of the traffic in the area would be
diverted from Via de Agua, and the conclusion is that traffic
would probably increase due to additional subdivision con-
struction. Staff further recommends that efforts to reduce
the traffic by means of additional access be continued.
Councilman Heckscher joined the meeting at 7:25 P.M.
Councilman Sweeney noted that, aside from the traffic situ-
ation, the proposed Route "E" would provide an alternate
access during emergencies, a park site would be acquired,
and a retention basin installed. He also noted that -some
action should be taken to alleviate the isolation of the
residents of Alto Capistrano. Councilman McDowell concurred
that there are benefits to be derived from the construction
of Route "E." Councilman Friess cited the need for a
secondary route and suggested a road just below the cut
face north of development on Avenida Calita; he is opposed
to Route "E" due to the amount of earth to be moved and due
to the subsequent development. He also suggested that the
contractors' work day be rescheduled to alleviate traffic
noise in the early morning hours.
Mayor Nash suggested that a Window Hill route be reconsidered.
Councilman Heckscher suggested it would be appropriate to
re -study the re-routing of traffic within the existing sub-
division, since it has been determined that both Route "E"
and Route "D" are not feasible. mayor Nash noted that the
EIR did not address the problem of traffic that would be
generated by future projects landlocked by Via de Agua.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that after review, the
EIR for Route "E" is accepted as adequate.
It was moved by Councilman McDowell, seconded by Councilman
Heckscher and unanimously carried to withdraw the Route "E'
project from further consideration in General Plan Amend-
ment 76-1.
It was moved by Councilman McDowell, seconded by Councilman
Heckscher and unanimously carried to initiate as a part of
General Plan Amendment 76-2 an amendment to the General
Plan which would provide for an alternate access to the
Alto Capistrano area.
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Councilman Sweeney suggested that the park site and drainage
basin should be incorporated into consideration of alternate
access.
Mayor Nash directed that the Alto Capistrano Study Committee
be reformed with the following members: Gary Hausdorfer,
and Patrick Timmins of the Alto Capistrano Association;
the Director of Public Works; the Director of Planning; the
Mayor, and anyone interested in serving. The meeting is to
be scheduled for early next week.
2. INITIATION OF GENERAL PLAN AMENDMENT NO. 76-2
(46) Council received copies of a report dated April 7, 1976,
from the Director of Planning forwarding five petitions for
General Plan Amendment 76-2, as provided by Section 2.1.2
of the Land Use Management Code.
The Director of Planning advised that a request had been
received from petitioners of the McCracken Hill area that
consideration of their item be held over until the regular
meeting of April 21, 1976. The other four items are to be
considered at this time; and,the Director of Planning
briefly outlined each of the requests.
Council discussed the proposed amendment to the Circulation
Amendment, and it was clarified that Council is being
requested to authorize staff and the Commission to proceed
with hearings relative to a change in the Element with the
intent of defining the planning criteria by means of a master
plan of streets and highways.
Councilman Sweeney stepped down from the dais and addressed
the Council as a resident applicant for DL 76-1 and DL 76-2
(McCracken Hill). He inquired if the petition, which is to
be included in General Plan Amendment 76-2, would have an
adverse effect on the division of land proposal under the
existing General Plan and land use. The Director of Planning
advised that there would have to be a zone change in order
to conform with the General Plan.
Petition for Change in Land Use Designation (McCracken Hill):
The petition is a request for a change in land use designa-
tion from 1.2 Residential, two units per acre (Maximum) to
Residential, one unit per 1-1/2 acre (Maximum) for property
on the east side of Interstate 5 at Forster Ranch Road known
as "McCracken Hill." Since the lowest residential density
maximum provided by the General Plan is one unit per acre4
the change to be considered would be to 1.1 Residential.
It was moved by Councilman Friess and seconded by Mayor Nash
to include the peition for a change in the land use designa-
tion for the area known as McCracken Hill within General Plan
Amendment 76-2. The inclusion of this petition in the
General Plan Amendment is not an indication of an intent to
approve the petition; it is a verification that the item
will be reviewed and considered by the Planning Commission
and the City Council. There was no vote on the motion.
Councilman Heckscher suggested that since a request had been
received to continue consideration of this matter until the
meeting of April 21st, it would be appropriate to continue
the item until that time.
It was moved by Mayor Nash and seconded by Councilman
Heckscher that the matter be tabled until the next Council,
meeting of Wednesday, April 21, 1976. The motion carried
by the following vote:
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AYES: Councilmen McDowell, Friess, Heckscher and
25
Mayor Nash
NOES: None
ABSENT: Councilman Sweeney
Councilman Sweeney retuned to the dais.
It was moved by Councilman McDowell, seconded by Councilman
Iieckscher and unanimously carried to initiate General Plan
Amendment No. 76-2, including the following items:
a. Petition for Change in Land Use Designation (Duque)
The petition is a request for a change in land use
designation from 1.1 Residential, one unit per acre
(Maximum) to two units per acre for property located
on the west side of Aguacate Road opposite Calle
Roberto. The petitioner is Sidney Shankland on behalf
of Mrs. Henry Duque.
The inclusion of this petition in the General Plan
Amendment is not an indication of an intent to approve
the petition; it is a verification that the item will
be reviewed and considered by the Planning Commission
and the City Council.
b. Petition for Change in Land Use Designation (Swanner)
The petition is a request for a change in land use
designation from 2.7 Recreation Commercial to 4.1
Quasi -Industrial for property located at the southeast
corner of Rancho Viejo Road and Mission Hills Drive.
The petitioner is Randy Williams on behalf of Elizabeth,
Roger, and John Swanner.
The inclusion of this petition in the General Plan
Amendment is not an indication of an intent to approve
the petition; it is a verification that the item will
be reviewed and considered by the Planning Commission
and the City Council.
C. Proposed Amendment to the Parks and Recreation Element
This is a City -initiated amendment for the purpose of
re -writing portions of the Element on parks and
acquisition. The amendment was originally included
in General Plan Amendment 76-1, but deferred to
Amendment 76-2.
The inclusion of this petition in the General Plan --�,
Amendment is not an indication of an intent to approve
the petition; it is a verification that the item will
be reviewed and considered by the Planning Commission
and the City Council.
Proposed Amendment to the Circulation Element
This is a City -initiated amendment for the purpose
of determining whether or not a master plan of streets and
highways should be addressed. The amendment was originally
I
ncluded in General Plan Amendment 76-1, but deferred to
Amendment 76-2.
It was moved by Mayor Nash, seconded by Councilman Friess
and unanimously carried to include the Circulation Element
in General Plan Amendment 76-2 for the purpose of addressing
guidelines, including a study of Junipero Serra Road and
Alipaz Street.
The inclusion of this petition in the General Plan Amend-
ment is not an indication of an intent to approve the
petition; it is a verification that the item will be
reviewed and considered by the Planning Commission and the
City Council.
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RECESS AND RECONVENE
Council recessed at 8:50 P.M
and reconvened at 9:08 P.M.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. ROUTE D, ALTO CAPISTRANO AREA - DISCONTINUANCE
(87) Council received copies of a report dated April 7, 1976,
from the Director of Public Works regarding the feasibility
of access to the Meredith Tract over Window Hill in order
to alleviate traffic problems in the existing Alto
Capistrano residential area. The geology report has indi-
cated the presence of an earth fault in the area which
would preclude improvements being made as contemplated.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried to approve the discon-
tinuance of further work on Window Hill, return the $5,000
deposit held by the City to Glendale Federal, and to
authorize the City Attorney to halt the condemnation
proceedings for access from Via California to the Glendale
Federal property; the Director of Public Works is authorized
and directed to inform Glendale Federal of the action taken
by the City Council.
2. SEWER CONNECTION CHARGES - APPROVAL OF INCREASE
(80) Council received copies of a report dated April 7, 1976,
from the Director of Public Works forwarding copies of
Resolution No. 65-6-14-2 which provides that sewer connec-
tion charges will be increased at the rate of $25.00 per
unit on the first day of July of each year, unless the City
Council waives such increase prior to May 31 of each year.
Mayor Nash directed that the provision for sewer connection
charge increases be placed on the "To Do List" for review
and recommendation by the Public Works staff.
Councilman Friess commented that the increases appeared
arbitrary. The Director of Public Works advised that the
City's participation in the ocean outfall is paid by sewer
hook up fees and that the cost of the outfall has almost
doubled over the past year and one half. Councilman
Heckscher suggested the establishment of a relationship
between the fees and what the fees cover.
It was moved by Councilman Heckscher and seconded by Council-
man McDowell to receive and file the staff report, thereby
increasing the sewer connection fee to $325.00. The motion
carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Heckscher and
Mayor Nash
NOES: Councilman Friess
ABSENT: None
3. EARTH STORAGE - CAMINO LAS RAMBLAS AT INTERSTATE 5
(74) Council received copies of a report dated April 7, 1976,
from the Director of Public Works providing a recapitulation
of events since the August 9, 1973, conditional approval of
a permit to allow the storage of fill material on a parcel
of land located at the northeast corner of Camino Las Ramblas
at Interstate 5 until August 1, 1975. On August 20, 19759
the Council granted an extension of time to August 1, 1976s
for the earth storage provided plans were approved and
permits obtained for earth removal and site restoration-
prior
estorationprior to April 1, 1976.
-57 4/14/76
12'7
Council also received copies of a letter dated March 16,
1976, from Morris Misbin. The preliminary Environmental
Impact Report and the grading plan have been submitted, but
are not as yet approved. Staff has suggested that a 6 -month
extension of the conditions be granted so that a proper
presentation of proposed plans and the Environmental Impact
Report may be made.
It was moved by Councilman Sweeney and seconded by Council-
man McDowell to authorize the administrative extension of
all provisions of the agreement, not to exceed six months,
so that a proper presentation may be made before the City
Council. The motion failed by the following vote:
AYES: Councilmen Sweeney and McDowell
NOES: Councilmen Friess, Heckscher and Mayor Nash
ABSENT: None
Mrs. Charles Buell, 33905 Calle Acordarse, addressed the
Council in opposition to any extension of time for the
permit.
It was moved by Councilman Heckscher and seconded by
Councilman Friess that the proposed extension of the
provisions of the permit to allow storage of fill material
on the parcel on the northeast corner of Camino Las Ramblas
at Interstate 5 be denied. The motion carried by the
following vote:
AYES: Councilmen Friess, Heckscher and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
4. PROPOSED SIGNS FOR BIKE TRAILS
(25) Council received copies of a report dated April 7, 19769
from the Director of Public Works regarding available signs
for motorcycle and firearm control, as requested by the
Council on March 17, 1976. Various control signs were on
display for Council consideration.
The Director of Public Works advised that six "Trail Rules"
and five "Warning" signs received from the Orange County
Flood Control District have been posted. Council directed
that signs be posted on City -owned lots in the area of the
Mission Bell Ranch tract, and the report was ordered
received and filed.
Mrs. James Allen, 33292 Via Mayor, addressed the Council
in favor of the sign posting.
CULTURAL HERITAGE CO11MISSION
1. RESIGNATION OF COMMISSIONER HALLAN
(23) Council received copies of a report dated April 7, 1976,
from the City Manager forwarding a letter dated March 24,
1976, from Pamela Hallan submitting her resignation as a
member of the Cultural Heritage Commission.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that the resignation be
accepted.
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PARKS AND RECREATION
1: PROPOSED NAMr.i'ARK SITE KNOWN AS "CONFLUENCE PARK"
(62) Counc'_1-•"--eived copies of a report dated April 7, 1976,
..e Director of Public Works forwarding the recommends -
tion of the Parks and Recreation Commission that the area
south of the City Hall facilities at the confluence of
Trabuco Creek and San Juan Creek be officially named
"Descano Park."
Council suggested that the name of the park site should
reflect the City's heritage, the creekside location, or the
fact that it is adjacent to the bike trail.
Mayor Nash directed that the naming of the park site be
referred back to the Parks and Recreation Commission for
reconsideration; suggestions for names are to be solicited
from the Cultural Heritage Commission.
COUNCIL REMARKS
1. ROOF SIGN - EL ADOBE RESTAURANT
(25) It was moved by Councilman Heckscher and seconded by Council-
man McDowell to reconsider the action taken by Council
earlier in the meeting in referring the E1 Adobe Restaurant
roof sign back to the Planning Commission and the Architec-
tural Review Board. The motion carried by the following
vote:
AYES: Councilmen Sweeney, McDowell, Friess and
Heckscher
NOES: Mayor .Nash
ABSENT: None
The City Manager advised that the sign proposed by the
representatives of the E1 Adobe would be a roof -mounted,
wooden sign with exterior lighting; the size of the pro-.
posed sign would be larger than provided for in the Land
Use Management Code.
It was moved by Councilman Heckscher and seconded by Council-
man Sweeney that the sign proposed by the applicant be
approved, subject to the conditions articulated by the
Architectural Review Board in. connection with the prior
submittal of a sign of different dimensions but similar
characteristics; the area of the sign is not to exceed 55
square feet. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess and
Heckscher
NOES: Mayor Nash
ABSENT: None
2. ORANGE COUNTY ANIMAL CONTROL - IMPOUNDING OF HORSES
(57) Councilman Friess noted that when horses are impounded in
the City by Orange County Animal Control officers, they are
transported to the County facilities in Santa Ana. He
suggested that arrangements be made to retain the horses at
a local stable. The City Manager suggested that the County
might consider contracting with a local stable for impound-
ing purposes.
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3. PROPOSED SIGNS RE TRESPASS ON'PVATE PROPERTY 12 V
(25) Councilman Friess suggested the initiation of a public
information program aimed 'toward horseback riders and
motorcyclists who trespass on private property and disturb
agriculture. He requested that the City Attorney present
a brief opinion on trespass and its consequences. The
City Manager advised that the Parks and Recreation Commis-
sion is in the process of formulating an equestrian sub-
committee and that their charge is being developed at the
present time.
4. PARKS AND RECREATION PROGRAM
(62) Councilman McDowell commended Tom Baker, Recreation Coordin-
ator,for the manner in which the Saturday registration for
the Summer Recreation Program is being handled.
5. PROPOSED PURCHASE OF LAND BY CITY
(73) Councilman Sweeney referred to a letter dated April 4, 1976,
from Louis A. Center setting forth a proposal that the City
purchase approximately 1600 acres of land presently owned
by Glendale Federal Savings & Loan, including the San Juan
Hills Golf Course. Mr. Sweeney suggested the proposal be
placed on the April 21 Agenda for consideration. He also
suggested the formation of a citizens' committee to study
the proposal. Mayor Nash directed that the matter be
placed on the City Council Agenda of May 5, 1976, for
discussion.
5. CITY COUNCIL LEGISLATIVE AIDES
(32) Councilman Sweeney inquired into the status of Council
Members hiring Legislative Aides for special projects.
The City Attorney advised that there is no legal problem
with the hiring practice.
RECESS AND RECONVENE
Council recessed to Executive Session at 10:47 P.M. for the
purpose of discussion appointments to City Boards and Commis-
sions, and reconvened at 12:21 A.M., April 15, 1976.
APPOINTMENT OF CITY TREASURER
(41) Mayor Nash directed that arrangements be made for interviews with
applicants for the position of City Treasurer to be held on
Tuesday, April 20, 1976, at 5:00 P.M.
APPOINTMENTS BY CITY COUNCIL
(23) Mayor Nash directed that the appointees and applicants for these
positions be promptly notified of the following Council actions:
1. ARCHITECTURAL BOARD OF REVIEW
RESOLUTION NO. 76-4-15-1: APPOINTMENTS TO THE ARCHITECTURAL
BOARD OF REVIEW - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPOINTING MEMBERS
OF THE ARCHITECTURAL BOARD OF REVIEW
(23) It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the following persons
be appointed to the Architectural Board of Review:
Fran Frost
Michael Imlay.
Phyllis Shainman
August Rudel
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Time and Place of, r; -cin s;
Mayor Nash (11j .d that the meetings
Board of u-'-� :vv be rescheduledso that
hei.' on .e first and third Tuesday of
7:n-0 P.M. in the City Council Chamber.
CULTURAL HERITAGE CO!1MISSION
ON NO. 76-4-15-2: APPOI
of the Architectural
the meetings are
every month at
THE
HERITAUE UUI'61511�alUA - A riGaVLUllvly yr 111u ..lit
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPOINTING
MEMBERS OF THE CULTURAL HERITAGE COMMISSION
(23) It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that the following persons
be appointed to the Cultural Heritage Commission:
Mary Jane Forster
Natalie Mitchell
Eugenie (Carmen) Oyharzabal
Les Remmers
Anne Schauwecker
Janet L. Boucher
Maria Browne
3. PARKS AND RECREATION COMMISSION
RESOLUTION NO. 76-4-15-3: APPOINTMENTS TO THE PARKS AND
RECREATION COMMISSION - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPOINTING
MEMBERS OF THE PARKS AND RECREATION COMMISSION
(23) It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that the following persons
be appointed to the.Parks and Recreation Commission:
Marvin Broder
Jill Clark
Brett Shears
Bob Youngren
Barbara Jean Neal
4. PLANNING COMMISSION
RESOLUTION NO. 76-4-15-4: APPOI
1UMM1001VA - A RAaVLU11VP1 Vl ln6 1.111 1.VUAY AL VL 1nG 1.111
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPOINTING MEMBERS OF
THE PLANNING COMMISSION
(67) It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that the following persons
be appointed to the Planning Commission.
Robert Davies
George Riley
Phil Schwartze
Phyllis Shainman
Richard Wyndhamsmith
Time and Place of Meetings:
Mayor Nash directed that the meetings of the Planning Commis-
sion be rescheduled so that the regular meetings are held
on the second and fourth Tuesday of every month at 7:00 P.M.
in the City Council Chamber.
5. TRAFFIC AND TRANSPORTATION COMMISSION
RESOLUTION NO. 76-4-15-5: APPOINTMENTS TO THE TRAFFIC AND
TRANSPORTATION COMMISSION - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPOINTING
MEMBERS OF THE TRAFFIC AND TRANSPORTATION COMMISSION
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(87) It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that the following persons
be appointed to the Traffic and Transportion Commission:
Dorothy Denham
Jerry Lugo
John D. Taylor
James K. Weathers
Wyatt T. Hart
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:35 A.M., April 15, 1976, to the next regular
meeting date of Wednesday, April 21, 1976, at 7:00 P.M. in the
City Council Chamber.
Respectfully submitted,
MARY A7 HANOVER, CITY CLERK
APPROVED:
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.131
APRIL 20, 1976
SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA
The Special Meeting of the City Council was called to order by
Mayor Nash at 5:06 P.M. in the City Council Chamber, The meeting
was called for the purpose of conducting interviews with
applicants for the position of City Treasurer.
ROLL CALL: PRESENT: Douglas B. Nash, Mayor
Yvon 0. Heckscher, Mayor pro tem
Councilman Richard D. McDowell
Councilman John B. Sweeney
ABSENT: Councilman Kenneth E. Friess
STAFF PRESENT: Mary Ann Hanover, City Clerk.
RECESS AND RECONVENE
Council recessed to Executive Session at 5:07 P.M. for interviews
with applicants for the position of City Treasurer,
Councilman Friess joined the meeting at 5:40 P.M.
Council Members reconvened at 6:07 P.M. No action was taken.,
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 6:08 P.M. to the next regular meeting date of
Wednesday, April 21, 1976, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
APPROVED:
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