75-0910_CC_Minutes_Adjourned Regular Meeting473
SEPTEMBER 10, 1975
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council was called
to order by Mayor Weathers at 7:03 P.M. in the City Council
Chamber.
ROLL CALL: COUNCILMEN PRESENT:
COUNCILMEN ABSENT:
James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Douglas B. Nash
Councilman Yvon O. Heckscher,
who joined the meeting at
7:04 P.M.
None
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; David J. Smith, Director
of Planning; James S. Okazaki, City Attorney; John O'Sullivan,.
Director of Administrative Services; George Lohnes, Associate
Civil Engineer; Mary Ann Hanover, City Clerk,
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that all resolutions and ordinances be
read by title only.
CONTINUATION OF CITY COUNCIL AGENDA OF SEPTEMBER 3, 1975
ADMINISTRATIVE ITEMS
CITY MANAGER
1. LOS RIOS AREA - DETERMINATION OF USE (HIRSCH)
Council received copies of a report dated September 3, 1975,
from the City Manager forwarding background material and
reports from the Cultural Heritage Commission and from the
Planning Commission regarding the proposed establishment of
a commercial boutique shop at 31661 Los Rios Street, as
requested by the property owner, Claudia Hirsch, by letter
dated June 24, 1975.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to accept the following
recommendations:
From the Cultural Heritage Commission: (Use)
The use of the property as proposed by the applicant is
approved as being in keeping with the desired atmosphere of
the Los Rios Area.
From the Planning Commission: (On -Site and Off -Site Improvements)
a, The applicant s a su mit to the City an irrevocable
offer to dedicate: (1) 19 feet of right-of-way on
Los Rios Street from the north property line to Ramos
Street; and (2) 13 feet of right-of-way on Ramos
Street from the west property line to Los Rios Street.
The associated public improvements shall be waived
indefinitely and an agreement shall be drawn up
acceptable to the applicant and the City Council to
insure future improvements.
b. The applicant shall enter into an agreement to participate
in a district improvement project at some future date for
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the undergrounding of utilities and the improvement
of Ramos and Los Rios Streets. The cost of the
applicant's participation shall be assessed through
property taxation.
C. Access to on-site parking shall be taken from
Los Rios Street.
d. All utility services shall be undergrounded within
the subject property.
e. Required drainage fees for the property shall be paid
prior to the issuance of any Certificate of Use and
Occupancy for a commercial use on the site. The parcel
is in the L02 drainage area and the current fee is
$860/acre.
f. The subject building shall meet all code requirements
for a commercial use.
g. If an additional sewer lateral is to be constructed,
the applicable sewer connection fee shall be paid.
h. On-site parking and landscaping shall be provided per
City requirements. Site, landscaping, and other
applicable plans shall be submitted to the Architectural
Board of Review and Planning Commission for approval.
i. A Use and Occupancy Permit for this project shall not
be issued until all applicable conditions have been
satisfied.
The applicant was present and acknowledged her understanding -
of the Commission's recommendations.
RECTOR OF PLANNING
1. REQUEST FOR EXEMPTION FROM
PERIOD FOR DIVISION OF
MM 1.m
Council received copies of a report from the Director of
Planning dated September 3, 1975, forwarding a letter dated
August 19, 1975, from David Muralt, requesting an exemption
from the deferral period. The proposed division of land
would split approximately four acres located on Camino
Capistrano south of San Juan Creek Road into four lots and
would be zoned Commercial -Manufacturing under the new Land
Use Management Code.
RESOLUTION NO. 75-9-10-1: GRANTING EXEMPTION FROM DEFERRAL
PERIOD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
N JUAN CAPISTRANO, CALIFORNIA, GRANTING EXEMPTION TO
DAVID MURALT, FOR PROPOSED COMMERCIAL -MANUFACTURING USE,
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.
75-9-10-1 be adopted.
The exemption is granted upon the conditions that the
applicant agrees to process his application in accordance
with the proposed Land Use Management Code, and that the
applications for this project 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 City to
an action of approval, nor is it to be considered as any
indication that an action of approval is being considered.
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2. REQUESTS FOR RECONSIDERATION OF PROPOSED ZONING PURSUANT
TO LAND USE MANAGENIERT CODE OIOORE ENGLI
Council received copies of a report dated September 3, 1975,
from the Acting Director of Planning forwarding two letters
from property owners protesting the proposed rezoning of
their properties from the current 20,000 sq, ft. minimum
lot size to a one acre minimum lot size, as shown on the
Land Use Management Code Map. The General Plan sets forth
one unit per acre on the property; the requests would allow
approximately two units per acre. The properties in
question are 3.78 acres off Aguacate Road, Block 101,
Parcel 20 (Donald M. Moore); and, 1.5 acres off Aguacate
Road, Block 101, Parcels 15 and 18 (Lawrence M. English).
It was moved by Councilman Nash and seconded by Councilman
Heckscher, as follows:
a. The approval of the property owners' requests
for changes in the proposed Land Use Management
Code would result in an inconsistency between
the zoning map and the General Plan;
b. Deny the request of Donald Moore for a change
in the proposed LUMC zoning on Assessor's Parcel
649-101-20;
C. Deny the request of Lawrence English for a change
in the proposed LUMC zoning on Assessor's Parcels
649-101-15 and 649-101-18.
The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Weathers
NOES: Councilman Byrnes
ABSENT: None
It was moved by Councilman Sweeney, seconded by Councilman
Byrnes and unanimously carried that the requests be referred
to the Planning Commission for consideration in the first
General Plan Amendment of 1976. The parties are to be
advised of the petitioning procedures for requesting an amend-
ment to the General Plan.
3. REQUEST FOR REFUND OF PROJECT APPLICATION FEE (SALATA)
Council received copies of a report dated August 20, 1975,
from the Acting Director of Planning regarding the request
of Paul Salata for a refund of the priority application fee
for a proposed industrial project. The submitted fee would
be applied toward processing costs if a project application
is submitted; Mr. Salata had been advised at the time of
payment the the fee was non-refundable. Mr. Salata addressed
the Council.
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried to deny the request for a
refund of the priority application fee as submitted by
Paul Salata by letter of August 6, 1975.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. ORTEGA HIGIIWAY - PRELIMINARY DESIGN REPORT
Council received copies of a memorandum dated September 3,
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1975, from the Director of Public Works, forwarding a
report entitled "Interim Ortega Highway Improvements East
of San Diego Freeway - Preliminary Engineering Report."
The report sets forth recommended design concepts,
construction costs, project scheduling, and proposed funding
procedures. The Associate Civil Engineer made an oral
presentation of design alternatives and major design
considerations. The analysis was prepared pursuant to the
proposal submitted by Councilman Nash on August 6th
for corrective measures to traffic hazards on the Ortega
Highway.
After Council discussion, it was moved by Councilman Byrnes,
seconded by Councilman Nash and unanimously carried to
receive and file the staff report and direct staff to report
on developments in possible funding by other agencies for
total improvements to the Ortega Highway; the report is
to be submitted to the City Council at their meeting of
October 1, 1975.
2. S.E.R.R.A. PROJECT COMMITTEE NO. 5 -
OCEAN OUTFALL GRANT CONDITIONS
Council received copies of a report dated September 3, 1975,
from the Director of Public Works forwarding proposed
Environmental Protection Agency grant conditions for the
Ocean Outfall Project Committee No. 5 with the SERRA Board
of Director's recommendation that the legislative bodies of
the member agencies support a compromise proposal which would
allow flows of discharge into the ocean up to 4 MGD in
excess of the current capacity, with a full .release of
grant conditions after July 1, 1980. The 4MGD capacity is
the projected plant expansion, which should be adequate up
to 1980; the current capacity of the ocean outfall is 9.8 MGD.
It was moved by Councilman Sweeney; seconded by Mayor
Weathers to support the S.E.R.R.A. Board of Directors'
proposed grant conditions, which would restrict the plant
expansion to an additional 4 MGD, restrict the outfall
capacity to the same limit, and support the implementation
of air mitigation measures within the South Coast Basin.
The motion carried by the following vote:
AYES: Councilmen Sweeney, Byrnes and
Mayor Weathers
NOES: Councilmen Nash and Heckscher
ABSENT: None
PARKS AND RECREATION COMMISSION
1. C. RUSSELL COOK PARK DEDICATION
Council received copies of a report from the Recreation
Coordinator dated September 3, 1975, outlining the plans
for the dedication of the C. Russell Cook Park on
September 21, 1975, at 2:00 P.M. Mayor Weathers invited
the public to attend the ceremonies.
RECESS AND RECONVENE
Council recessed to an Executive Session at 7:58 P.M. to discuss
personnel matters and recon,rened at 8:10 P.M.
APPOINTMENT TO ORANGE COUNTY HOUSING AUTHORITY
It was moved by Councilman Byrnes, seconded by Councilman Nash
and unanimously carried to appoint Mr. John Manypenny.,as the
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City's representative to the Orange County Housing
Authority Advisory Committee.
COUNCIL REMARKS
1. 1975-76 CITY BUDGET
Councilman Byrnes noted a full-page ad recently placed in
a local paper by the Capistrano Community Affairs Council
citing their concerns with regard to the City's 1975-76
fiscal budget. Mayor Weathers advised that the Director
of Administrative Services is preparing a response to
the questions set forth.
2. PARKS AND RECREATION COMMISSION
Councilman Nash stated his concerns with regard to the
Parks and Recreation Commission appointing a committee
of 15 people without input from the City Council; Mayor
Weathers noted that in the future there would be
notification to the Council prior to such appointments.
The City ,Manager set forth the goals of the committee in
assessing recreation needs in the City and Commissioner
Thorpe addressed the Council.
VIA DE AGUA TRAFFIC STUDY
The City Council re -assembled at 8:30 P.M. with the members of
the Planning Commission for consideration of the Via de Agua
Traffic Study Committee Report. Commissioners Shainman, Davies,
Schwartze and Friess were in attendance.
The Director of Public Works/Secretary to the Via de Agua Traffic
Study Committee presented the Committee Report dated September 10,
1975, and made an oral presentation setting forth background
information and Committee recommendations. The Director of
Planning made a slide presentation of the study area.
The Committee recommendation is that two roads be constructed, as
follows: (1) A temporary route for construction traffic over
Window Hill from Ave. Calita to the intersection of Las Ramblas
and Via California; and (2) An extension of Camino Las Ramblas
from its present termination to Calle Miramar in the Meredith
Tract. Also recommended by the Committee is the granting of a
parksite in the Alto Capistrano area and the inclusion of a. storm
drain retention basin.
Discussion ensued between members of the City Council, Planning
Commission and staff of the proposals for alleviating traffic
problems on Via de Agua. Gary Hausdorfer, President of the Alto
Capistrano Homeowners Association; Morris Misbin, developer;
a representative of Glendale Federal; James Thorpe; and Gerda
Tyler addressed the Council and Commission.
It was moved by Councilman Nash and seconded by Mayor Weathers
to accept the Traffic Study Committee Report and acknowledge
that there are inconsistencies with the General Plan and Land
Use Management Code; the Planning Commission is directed to
evaluate the extent of the inconsistencies and review the
tentative plans presented by the developers and make a recom-
mendation to the Council; staff is to prepare a tentative
agreement for the preparation of an Environmental Impact Report
and improvement plans in conjunction with the developers.
Further discussion ensued and there was no vote on the motion.
It was moved by Councilman Nash and seconded by Mayor Weathers
to direct staff to prepare a plan for the expenditure of funds
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to be used in preparing a definitive plan for the Alto Capistrano
area to include a retention basin, park site, access route to the
Meredith Tracts, development grading and amenities. The cost of
the definitive plan is not to exceed $35,000. The motion carried
by the following vote:
AYES: Councilmen Sweeney, Nash and Mayor Weathers
NOES: Councilmen Byrnes and Heckscher
ABSENT: None
Council directed the Director of Public Works to complete the
temporary road over Window Hill (Route "D") as soon as possible.
RECESS AND RECONVENE
Council recessed to executive session at 10:30 P.M. and reconvened
at 10:55 P.M.
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, September 17, 1975, at 7:00 P.M. in the City Council
Chamber.
APPROVED:
Respectfully submitted,
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MARY
ANOVER,
CITY
CLEKK
; r
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