75-0625_CC_Minutes_Adjourned Regular MeetingJUNE 25, 1975
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting
to order by Mayor Weathers at
Chamber.
ROLL CALL: COUNCILMEN PRESENT
COUNCILMEN ABSENT
of the City Council was called
7:06 P.M. in the City Council
James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Yvon 0. Heekscher
Councilman Douglas B. Nash
None
STAFF PRESENT: James S. Mocalis, City Manager; William Murphy,
Director of Public Works/City Engineer; George Lohnes, Associate
Civil Engineer; David J. Smith, Director of Planning; James S.
Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
Mayor Weathers announced that consideration of the Agenda of
the June 18, 1975, City Council Meeting would be completed
prior to the continuation of the Public Hearing on the Land
Use Management Code.
ADMINISTRATIVE ITEMS (CONTINUED)
DIRECTOR OF PLANNING
1. ORANGE COUNTY PARK -AND -•RIDE PROGRAM -
PROPOSED SIGN INSTALLATION
Council received copies of a report dated June 18, 1975,
from the Director of Planning regarding the request of the
Orange County Transit District for permission to install
Park -And -Ride signs at the Mission Drive -In Theatre at
the intersection of Camino Capistrano and Del Obispo
Street. The proposed signs would not conform to present
City standards. Mr. David Schilling, Manager of Systems
Development of the Transit District, addressed the Council
and explained that the Park -And -Ride program is mainly an
express freeway bus service to be instituted mornings and
evenings on a low budget, experimental basis to determine
feasibility of the program. The service would commence
July 7, 1975. Mr. Schilling agreed that if the program
proves successful, the District would be willing to
comply with City sign requirements.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that permission be granted
to the District to install double-faced OCTD signs using
two supports to create a "boxed" appearance, with an
overall height not to exceed six feet,and an informational
sign to be located parallel to Del Obispo Street,with an
overall height not to exceed six feet,for a temporary
period of nine months.
2. REQUEST FOR EXEMPTION FROM DEFERRAL PERI
Council received copies of a report dated June 18, 1975,
from the Director of Planning regarding the request of
Howard A. Cunningham for an exemption from the deferral
period for the purpose of submitting and processing
development plans for approximately 16 lots on an 8 -acre
parcel off Aguacate Road commonly known as the "Duque
property."
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RESOLUTION NO. 75-6-25-1: GRANTING EXEMPTION FROM DEFERR
PERIOD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFi
SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO
HOWARD A. CUNNINGHAM FOR PROPOSED RESIDENTIAL DEVELOPMENT
FROM THE PROVISIONS OF ORDINANCE NO. 265, AS AMENDED
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-6-25-1
be adopted.
The exemption is granted upon the condition that the
applicant agrees to process the plans in accordance with
the proposed Land Use Management Code, and that the
application for this project shall not be effective until
the effective date of the Code. Further, the granting of
the exemption in no way binds the Council to an action of
approval, nor is it to be considered as an indication that
an action of approval is being considered.
3. REOUEST FOR EXEMPTION FROM DEFERRAL PERIOD (ADAMS)
CONDITIONAL USE PERMIT FOR MOBILE HOME SALES
Council received copies of a report dated June 18, 1975,
from the Director of Planning regarding the request of
Ray Adams for an exemption from the deferral period for
the purpose of submitting and processing a Conditional
Use Permit for the establishment of mobile home sales at
33413 San Juan Creek Road, the former site of the Capistrano
Mobile Home Pageant.
It was moved by Councilman Heckscher, seconded by Council-
man Nash and unanimously carried that the request be denied.
It was moved by Councilman Byrnes and seconded by Council-
man Sweeney that the City Council's denial of Mr. Adams'
request be reconsidered. The motion for reconsideration
failed by the following vote:
AYES: Councilman Byrnes
NOES: Councilmen Sweeney, Nash, Heckscher and
Mayor Weathers
ABSENT: None
4. REQUEST TO RENOVATE STRUCTURE IN LOS RIOS AREA (HUTSON)
Council received copies of a report dated June 18, 1975,
from the Director of Planning, forwarding a. request from
Hugh Hutson, III for permission to construct a latticework
at the residence at 31661 Los Rios Street in conjunction
with a proposed commercial use.
Mayor Weathers directed that this matter be referred to
staff for further information.
5. REQUEST FOR TEMPORARY BUILDING (CAPISTRANO NATIONAL BANK)
At the request of Mr. Richard Ward, representative of the
Capistrano National Bank, this item was removed from the
Agenda.
6. PETITION FOR AMENDMENT TO GENERAL PLAN AND REQUEST FOR
Council received copies of a report dated June 18, 1975,
from the Director of Planning forwarding a letter from
Justus C. Gilfillan, representing Mission Hills Ranch, Inc.,
petitioning the City Council for an amendment to the
General Plan with regard to the proposed residential
development of 152 acres of land adjacent to and easterly
of existing Tract No. 6427 and requesting an exemption from
the deferral period.
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It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that the petition of
Mission Hills Ranch, Inc., shall be included in the first
General Plan Amendment to be considered on August 6, 1975.
RESOLUTION NO. 75-6-25-2: GRANTING EXEMPTION FROM DEFERRAL
PERIOD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO
MISSION HILLS RANCH,, INC., FOR PROPOSED RESIDENTIAL DEVELOP-
MENT FROM THE PROVISIONS OF ORDINANCE NO. 265, AS AMENDED
It was moved by Councilman Byrnes, seconded by Councilman
Heckscher and unanimously carried that Resolution No.
75-6-25-2 be adopted.
Council concurred with the request set forth in Mr. Gilfillan's
letter of June 17, 1975, that the conditions for approval
of the above exemption be worded as follows: —
"The exemption is granted upon the condition that the appli-
cant agrees to process the General Plan Amendment petition
and Environmental Impact Report in accordance with the
procedural requirements of the proposed Land Use Management
Code, and that the approval of any resulting General Plan
Amendment shall not be effective until the effective date
of the Land Use Management Code. Further, the granting of
the exemption in no way binds the Council to an action of
approval, nor is it to be considered as any indication
that an action of approval is being considered."
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. PARTICIPATION IN COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM
At the request of the Director of Public Works, the following
Resolution was inserted on the Agenda:
RESOLUTION NO. 75-6-25-3: ARTERIAL HIGHWAY FINANCING
PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING ANNUAL REQUALI-
FICATION FOR PARTICIPATION IN THE COUNTY'S ARTERIAL HIGHWAY
FINANCING PROGRAM
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-6-25-3
be adopted.
2. REQUEST FOR REDUCTION IN SEWER CONNECTION FEES
(EL NIDO MOBILE ESTATES)
Council received copies of a report dated June 18, 1975,
from the Director of Public Works regarding the request of
the developers of El Nido Mobile Estates for a reduction in
sewer connection fees and for a determination of the
applicability of the drainage fees.
RESOLUTION NO. 75-6-25-4: REDUCTION IN SEWER CONNECTION
FEES - EL NIDO MOBILE ESTATES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REDUCING SANITARY SEWER CONNECTION FEES FOR EL NIDO MOBILE
ESTATES
It was moved by Councilman Sweeney and seconded by Council-
man Byrnes that Resolution No. 75-6-25-4 be adopted. The
motion carried by the following vote:
AYES: Councilmen Sweeney, Heckscher and Mayor
Weathers
NOES: Councilmen Byrnes and Nash
ABSENT: None
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The Resolution reduces the sewer connection fee assessment
for E1 Nido Mobile Estates by 50% of the fee in effect at
the time of payment of such fees. At the request of the
developer and City staff, Council determination of the
applicability of the drainage fees will be considered at
the regular Council Meeting of July 2, 1975.
3. REQUEST FOR NOISE ABATEMENT - VILLAGE SAN JUAN
Council received copies of a report dated June 18, 1975,
from the Director of Public Works regarding the request
of the Village San Juan Homeowners Association that
corrective measures be taken to alleviate traffic noise
levels. As a condition of approval for the extension of
Tentative Tract 7387, Village San Juan, the developer is
to install landscaping outside the boundary wall along
both Rancho Viejo and Trabuco Creek Roads. The Engineering
Staff is studying a re -alignment of Rancho Viejo Road in
the area of Village San Juan which could have an effect
on the noise problem, however, freeway traffic is the major
noise generator at this location.
Mayor Weathers directed Staff to continue their study of
the Rancho Viejo Road alignment coordinated with the
existing landscaping requirements; input from residents
of Village San Juan is to be included in any reports.
4. TRAFFIC SAFETY DEVICES - APPLICATION FOR GRANT FUNDS
Council received copies of a report dated June 18, 1975,
from the Director of Public Works advising that grant
funds are available to cities for projects involving the
improvement of highway safety device systems under the
provisions of the Highway Safety Act of 1970. It is
proposed that a system for preventative maintenance of
traffic control devices and markings and a standardization
of signs and pavement markings be implemented through the
use of these grant funds.
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried to approve the grant
application as submitted, to authorize the Mayor to sign
the Traffic Safety Project Agreement on behalf of the
City, and to direct staff to submit the grant application
to the Office of Traffic Safety, State of California.
5. REQUEST FOR WAIVER OF UTILITY UNDERGROUNDING (A & A
Council received copies of a report dated June 18, 1975,
from the Director of Public Works clarifying the fact that
the request of Thomas Spencer and Ronald Shimizu for a
waiver of the requirement for the undergrounding of
utilities considered by the City Council on June 4, 1975,
including the necessary installation of two poles in order
to supply electrical service. Mr. Shimizu addressed the
Council.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to authorize the installa-
tion of the overhead electrical service, subject to the
conditions as stated in the Public Works Director's
memorandum of June 4, 1975, and set forth in the Council
Minutes of June 4th. The overhead electrical service at
this location is to be reviewed in five years in conjunction
with the expiration date of the lease of the property by
A & A Growers.
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® TRAFFIC AND TRANSPORTATION COMMITTEE
1. DEL OBISPO STREET MEDIAN STRIP BETWEEN RAILROAD TRACKS AND
Council received copies of a report dated June 18, 1975,
from the Director of Public Works forwarding the recoimnendation
of the Traffic and Transportation Committee that a solid median
strip be installed on Del Obispo Street with a left turn pocket
to allow eastbound traffic access to the E1 Adobe Plaza; a
striping plan on Camino Capistrano in conjunction with the
median strip is also recommended. Drawings of the proposed
median were presented for Council consideration.
It was moved by Councilman Nash and seconded by Councilman
Sweeney to approve the installation of a raised, landscaped
median with left turn pockets and to direct Staff to prepare
plans and specifications for City Council review and approval.
After clarification that the proposed plans indicate only
partial landscaping of the median, Councilman Nash withdrew
his motion.
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher to approve the recommendation of the Traffic and
Transportation Committee excluding the installation of a berm
running six feet in length.
With the concurrence of the seconder, Councilman Sweeney
amended the motion to approve the installation of a raised
landscaped median and directed Staff to prepare plans and
specifications including landscaping for Council review and
approval. The motion carried by the following vote:
AYES: Councilmen Sweeney, Byrnes, Nash and Heckscher
NOES: Mayor Weathers
ABSENT: None
2. "NO PARKING" AREA - CAMINO CAPISTRANO
RESOLUTION NO. 75-6-25-5: PARKING REGULATIONS - PORTION OF
CAMINO CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO
PARKING"AREAS ON THE WESTSIDE OF CAMINO CAPISTRANO FROM DEL
OBISPO STREET TO 460 FEET NORTHERLY
It was moved by Councilman Heckscher, seconded by Councilman
Byrnes and unanimously carried that Resolution No. 75-6-25-5
be adopted. The "No Parking" area is necessary in order to
improve sight distance and left turn protection at the
northerly driveway of E1 Adobe Plaza in conjunction with the
median strip to be installed on Del Obispo Street.
3. TRAFFIC CONDITIONS ON CALLE ASPERO
Council received copies of a report dated June 18, 1975, from
the Public Works Director regarding traffic conditions and
the need for street improvements on Calle Aspero from Paseo
Monte Vista to Paseo de Elena which separates the Meissner
Tract from Sun Ranch Tract 7112 (Pacesetter Homes). It is
proposed that Calle Aspero be widened an additional 18 feet
to provide width with paved roadway, curb and gutter.
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried that Staff be directed to
include the engineering and administrative costs of this
improvement in the 1975-76 fiscal year budget.
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It was moved by Councilman Heckscher and seconded by Council4 ® 9
man Nash that Staff be directed to report to Council on the
obligations of the benefited parties in sharing the construc-
tion costs. After discussion, the motion was amended to
read as follows:
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried to determine that the costs of
the proposed street improvements on Calle Aspero may have to
be shared by a number of parties, including residents of the
Meissner and Sun Ranch developments.
CULTURAL HERITAGE COMMISSION
1. PARRA ADOBE - AUTHORIZATION TO CONTRACT FOR ENGINEERING
SERVICES
Council received copies of a report dated June 18, 1975, from
the Director of Administrative Services regarding the recom-
mendation of the Cultural Heritage Commission that a study
be undertaken of the possible cost of preserving the Miguel
Parra Adobe located on Ortega Highway between La Novia and
Windsong Drive, at a cost not to exceed $400.
It was moved by Councilman Sweeney, seconded by Councilman
Byrnes and unanimously carried that the engineering consultant
firm of Woodside,/Kubota be authorized to undertake a study to
analyze the cost of preservation of the Parra Adobe with an
expenditure of time not to exceed the value of $400.
COUNCIL REMARKS
1. COMMISSION APPOINTMENTS
Councilman Byrnes noted that Council should consider applica-
tions for membership on the Planning Commission.
2. TRAFFIC SAFETY
Councilman Byrnes noted the increase of truck traffic on the
Ortega Highway and requested intensification of speed enforce-
ment on the part of the Sheriff's Department.
3. AGRICULTURAL PRESERVATION
Councilman Nash provided Council members with copies of a
Report entitled "Agricultural Preservation in San Juan
Capistrano: A Plan and Cost/Revenue Analysis for City
Purchase of Development Rights to Prime Agricultural Lands."
The Report was compiled by Councilman Nash, assisted by
Legislative Aide Kathleen M. Drocco.
4. WEED ABATEMENT
Councilman Sweeney noted that weed abatement in hillside areas
may present problems during the forthcoming rainy season.
The Director of Public Works advised that slope stability is
taken into consideration in abating weeds and that discing is
done if it can be accomplished without erosion problems.
5. COUNCIL VACATION PERIODS
Councilman Sweeney suggested that Council members coordinate
their vacations during the summer in order to avoid lack of
quorum.
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i1 O 6. TREE PRESERVATION ORDINANCE
Councilman Sweeney suggested re-examination of Ordinance No.
286 regulating the preservation of trees so that the provisions
are less stringent. He also indicated that the possible establish-
ment of landmark trees could be included in an ordinance.
RECESS AND RECONVENE
Council recessed at 8:45 P.M. and reconvened at 9:06 P.M.
CITY COUNCIL
Mayor Weathers announced that Councilman Heckscher had been excused
from the remainder of the meeting.
ORTEGA HIGHWAY SIDEWALK IMPROVEMENTS
The Director of Planning announced that the dedication ceremony
for the recently installed Ortega Highway sidewalk improvements
and street trees would be held on Friday, June 27, 1975, at
9:30 A.M.
LAND USE MANAGEMENT CODE - CONTINUATION OF PUBLIC HEARING
Notice having been given as provided by law, Mayor Weathers declared
the Public Hearing on the proposed Land Use Management Code re -opened
and inquired if anyone in the audience wished to address the
Council on this matter. The following persons addressed the
Council:
1. Randy Williams, 29931 Camino Capistrano, requested
clarification regarding special district precise plans,
Page 3-42.
2. Rupert Hartman of the Chamber of Commerce requested
modification of the sign ordinance and presented a
letter dated June 24, 1975.
3. Roland Olsen, 25952 Ave. Mariposa, commented on sign
regulations, the Architectural Board of Review, and
criteria for landscaping.
4. Rich Richardson, Creations Unlimited, 26615 Calle Lago,
Capistrano Beach, commented on sign restrictions.
5. Dr. Berg, 311 North Normandie, Los Angeles, representing the
Chamber of Commerce and the California Sign Users Council.
6. Charles Brande, 4321 Birch Street, Newport Beach,
requested point by point comment on his critique dated
June 18th.
7. Ben Newhart, spoke in favor of the Chamber of Commerce
sign ordinance.
8. Elmer Christiansen, 33841 Calle Conejo, representing the
Capistrano Community Affairs Council, commented regarding
the Mission standards of architecture and the Cultural
Heritage Commission.
There being no one else wishing to address the Council, Mayor
Weathers declared the Public Hearing closed with the right to
re -open at any time.
Council continued their consideration of the proposed Land Use
Management Code through Page 3-21. Mayor Weathers advised that
when Council completes its deliberations of the Code, it will be
returned to the Planning Commission for comment. Mayor Weathers
directed that the receipt of letters regarding the Code be
acknowledged and the letterwriters advised that answers to those
letters are being held by direction of the Council.
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411
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:55 P.M. to the next regular meeting date of
Wednesday, .July 2, 1975, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
MARY N ANOVER, CITY CLERK
APPROVED:
am
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