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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 -1- 9/10/75 474 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. -2- 9/10/75 4'75 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, -3- 9/10/75 476 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 -4- 9/10/75 477 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 -5- 9/10/75 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, -6- 9/10/75 MARY ANOVER, CITY CLEKK ; r -6- 9/10/75