94-1101_CC_Minutes_Regular Meeting493
NOVEMBER 1, 1994
' REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Campbell at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Council Member Hausdorfer.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Gary L. Hausdorfer, Council Member
Gil Jones, Council Member
Carolyn Nash, Council Member
Jeff Vasquez, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M.
Huber, Director of Engineering and Building Services; Thomas Tomlinson, Director of Planning
Services; Al King, Jr., Director of Community Services; Lt. Paul Sullivan, Chief of Police Services;
Nancy Bernardi, Recording Secretary.
' MOTION TO READ BY TITLE ONLY
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, and unanimously
carried that all Ordinances be read by title only.
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Written Communication:
Report dated November 1, 1994, from Carole Jacklin, Council Services Manager.
Mayor Campbell recognized and commended Bill Huber, Director of Engineering and
Building, and Lt. Paul Sullivan of the Sheriffs Department.
' Al Simmons, 32302 Alipaz Street, Space 135, reported that the Hoedown event on
October 22, 1994, netted a total of $3,764. He presented four checks to the Mayor totaling
City Council Minutes -I- 11/1/94
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$5,100, representing $3,500 from the Hoedown Committee, $1,000 from Gary and Collene
Campbell, $100 from Artelle Payne, and $500 from Al and Jean Simmons, to be used for the
construction of the new Community Center at the Kinoshita Sports Park. Council Member _
Jones commended the efforts of Mr. Simmons on the Hoedown event.
Don Applegarth, 28971 Calle Susana, noted the ongoing efforts of residents living near the
greenwaste plant on La Pata regarding their concerns with the unpleasant odors that are
emanating from the facility. He advised that the odors have increased and are affecting
approximately 300 homes in the area. He requested assistance from the City Council in
facilitating the relocation of the plant away from residences.
Mr. Scarborough gave a status report on the situation. He stated that County Code
Enforcement has investigated and issued citations to the plant for violations of the site's
original conditions of approval. He noted that the County and the City are currently
reviewing a revised plan for corrections at the facility, and that the County had scheduled a
meeting with the Air Quality Management District and their Code Enforcement officials to
review the plan for correction. In the meantime, the County is proceeding with Code
Enforcement actions. He indicated he would meet with Mr. Applegarth to discuss this matter
further.
Dr. Richard Furans, 28991 Calle Susana, expressed concern that without more involvement
from the City, the problems with the facility will not be sufficiently resolved. He felt that the
only solution to the problem was to relocate the facility away from homes since existing
homes were located downwind from the plant. He felt that odors from the plant's 6 acres of
decaying compost could not be completely mitigated and expressed concern regarding health
hazards from inhaling chemicals. He noted that in 1991 the City informed the County that
an Environmental Impact Report was not necessary for the project and requested that the
plant's permits be withdrawn until an Environmental Impact Report was prepared for the
facility.
Council Member Hausdorfer noted that the City can only be an advocate in this matter since
the plant is located outside of the City's jurisdiction. Mr. Scarborough felt that the County's
actions to date were consistent with what the City would do if the plant were located within
the City's jurisdiction. He explained that the City did not request that an EIR be prepared for
the site in 1991 because the project description was different than the current operation.
Mayor Campbell cited concurrence of the Council that the City do whatever was possible to
protect the homeowners and to agendize the item if it became necessary.
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
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AYES: Council Members Hausdorfer, Jones, Nash, Vasquez,
and Mayor Campbell
NOES: None
ABSENT: None
The Minutes of the Regular Meeting of October 4, 1994, were approved as submitted.
Council Member Vasquez abstained due to his absence at the October 4 meeting.
The Minutes of the Regular Meeting of October 4, 1994, were approved as submitted.
Director Vasquez abstained due to his absence at the October 4 meeting.
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The List of Demands dated October 14, 1994, in the total amount of $672,206.30 was
' received and filed.
4. RECEIVE AND FILE CITY TREASUREWS REPORT OF INVESTMENTS
AS OF SEPTEMBER 1994 (350.30
The City Treasurer's Report of Investments as of September 30, 1994, in the total amount of
$13,541,853.27 was received and filed.
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As set forth in the Report dated November 1, 1994, from the Director of Engineering and
Building, the following Resolution was adopted establishing a "no skateboarding" area at
31641 El Camino Real, as requested by the Mission School and Church:
RESOLUTION NO, 94-11-1-1. ESTABLISHING NO SKATEBOARDING
AREA - MISSION SCHOOL AND CHURCH - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A NO SKATEBOARDING AREA AT
MISSION SCHOOL AND CHURCH 31641 EL CAMINO REAL, SAN
' JUAN CAPISTRANO, PURSUANT TO CHAPTER 23, TITLE 5 OF THE
MUNICIPAL CODE
City Council Minutes 3- 11/1/94
496
As set forth in the Report dated November 1, 1994, from the City Clerk, the following
Resolution was adopted authorizing the destruction of records listed in Exhibit A of the
Resolution:
RESOLUTION NO, 94-11-1-2- DESTRUCTION OF RECORDS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN RECORDS
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The Claim for damages filed by Russell S. Kerr of the law offices of Russell S. Kerr &
Associates, on behalf of Brad Yates, was denied in its entirety, as set forth in the Report dated
November 1, 1994, from the City Attorney.
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The Claim for damages filed by Leslie G. Van Zyl of the law offices of Hill, Farrer & Burrill,
on behalf of the Atchison, Topeka and Santa Fe Railway Company, was denied in its entirety,
as set forth in the Report dated November 1, 1994, from the City Attorney.
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The Claim for damages filed by Patrick E. Naughton of the law offices of Berger, Kahn,
Shafton, Moss, Figler, Simon & Gladstone, on behalf of Ellen M. Martin, Burtram R. Martin,
Roy M. Niles, and Donna L. Niles, was denied in its entirety, as set forth in the Report dated
November 1, 1994, from the City Attorney.
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MINIMUM
Council Members Jones and Vasquez indicated they would abstain on this item due to its
proximity to their residences/businesses. This portion of the approval of Consultant Services
Agreements for drainage improvements was continued from the meeting of October 18, 1994,
due to a lack of a quorum eligible to vote on this item. The Agreement contains four drainage
projects, three of which were approved on October 18, 1994.
As set forth in the Report dated November 1, 1994, from the Director of Engineering and
Building, the remaining project in the Consultant Services Agreement was approved with
Centennial Engineering for the design of drainage improvements at River Street west of Los
Rios Street. The Mayor was authorized to execute the Agreement on behalf of the City.
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Proposal:
Consideration of a draft Ordinance amending the Municipal Code to clarify certain sections,
correct internal inconsistencies, and add new provisions to Title 2 (Administration), Title 8
(Building Regulations), and Title 9 (Land Use).
Applicant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communication:
Report dated November 1, 1994, from the Direction of Planning, recommending that the
proposed amendments to the Municipal Code be adopted. The Report noted that although
the Planning Commission had recommended the deletion of the "internal space allocation"
requirement for recyclable material, staff recommended its inclusion to assist in reducing the
City's waste, as mandated by the State.
' C. J. Amstrup, Assistant Planner/Project Manager, made an oral presentation.
Public Hearin¢:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Council Discussion:
Council Member Jones suggested that Section 9-3.614(e) (Lighting), subsection (4) (Hours
of Operation) be revised to allow lighting for businesses in the downtown area of the City to
be left on until 10:00 p.m. regardless of when the businesses close. He noted that the
Business Task Force recently conducted a survey which showed that many of the businesses
located in the prominent downtown area close at 6:00 p.m., which resulted in a dark
atmosphere in the downtown area. He indicated that the Task Force felt that leaving lights
on later would produce a more positive environment.
Mr. Scarborough suggested that the Ordinance be introduced and adopted as proposed, and
that Council Member Jones' suggested revision be reviewed by the Planning Commission for
possible future amendment.
City Council Minutes -5- 11/1/94
ME
Introduction of Ordinance Adopting Code Amendment 93-04:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Hausdorfer,
seconded by Council Member Jones, that the following Ordinance be introduced:
AMENDMENT TO TITLES 2. 8 AND 9 OF THE MUNICIPAL CODE -
CLARIFYING CERTAIN SECTIONS. CORRECTING INTERNA.
INCONSISTENCIES, AND ADDIN W PROVISIONS- AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A NEGATIVE DECLARATION AND
AMENDING VARIOUS SECTIONS IN TITLES 2 (ADMINISTRATION),
98 (BUILDING REGULATIONS) AND 9 (LAND USE) OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE TO CLARIFY CERTAIN
SECTIONS, CORRECT INTERNAL INCONSISTENCIES AND ADD
CERTAIN NEW PROVISIONS
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez,
and Mayor Campbell
NOES: None
ABSENT: None
Council Member Jones indicated he would abstain in this matter because of the proximity of his
business/residence to the subject property.
Proposal:
Consideration of a request by Vaquero West Mercantile to amend their lease agreement
(Lease Amendment #3) with the Community Redevelopment Agency to provide for a monthly
rent based on a percentage of gross sales with a fixed minimum rent, instead of being based
on the current fixed lease payment system. The current lease provides for a fixed rent of
$4,665 per month. The proposed Lease included a lease amount of $1,295 per month for
the period of August 1, 1993 through January 31, 1994; $1,295 per month for the period of
February 1, 1994 through June 30, 1994; 6% of gross sales for the period of July 1, 1994
through January 31, 1995; and, 6% of gross sales for the period of February 1, 1995 to
April 6, 2002. The proposed lease amendment also set a fixed minimum base rent of $2,000
monthly, to be adjusted by 5% annually until April 6, 1996, at which time the fixed minimum
City Council Minutes -6- 11/1/94
rent would increase based on the Agency's increased cost under the Master Ground Lease.
The Lease further provided for a resident/manager in conjunction with the overnight
accommodation use on the second floor of the building.
Applicant:
Tim Holsten
Vaquero West Mercantile
26755 Verdugo Street
San Juan Capistrano, CA 92675
Written Communications:
(1) Report dated November 1, 1994, from the Director of Administrative Services,
recommending approval of the proposed lease terms. The report noted that
permanent renovations totalling $341,773 had been completed by Vaquero West
without assistance from the Agency.
(2) Letter dated October 28, 1994, from Cheryl Carter, President of Johnny Rebs'
Southern Smokehouse restaurant, advising of their interest in the site.
Ms. Pendleton made an oral presentation.
Public Hearin¢:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Council Discussion:
Council Member Hausdorfer felt that the proposed lease arrangement made sense as a long-
term investment for both the CRA and the applicant. He complimented Vaquero West on the
quality of workmanship on the rehabilitation and renovation of the building.
Council Member Vasquez stated he was opposed to the new lease proposal. He stated that
it was understood from the beginning that all improvements were to be at the sole cost of the
tenant and noted that they currently owe the CRA approximately $32,000 in back rent. He
noted that rental space at the Franciscan Plaza was $2.50 per square foot, and the proposed
lease arrangement with Vaquero West would be approximately one fifth of the market rate
for a building that was worth over $400,000. He felt that the CRA would be making a
"special deal for a special person" with the proposed lease arrangement that was unfair to
other businesses which lease space from the City/CRA. Council Member Hausdorfer
disagreed. He stated that the tenants have made a $341,000 investment in the property and
noted that the Franciscan Plaza was in dire financial straits, which perhaps caused their rents
to be higher than the market rate. He felt that the proposed rent was appropriate for a
declining market.
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Adoption of Resolution Approving Lease Amendment #3:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the
following Resolution be adopted approving Lease Amendment #3:
RESOLUTION NO, 94-11-1-3. APPROVING LEASE E MEND NT #3
WITH VAQUERO WEST MERCANTILE- 26755 VERDUGO STREET.
SAN JUAN CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE LEASE OF CERTAIN PROPERTY WITHIN THE SAN
JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA
TO VAQUERO WEST MERCANTILE AND APPROVING LEASE
AMENDMENT #3 PERTAINING THERETO
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Nash, and Mayor Campbell
NOES: Council Member Vasquez
ABSTAIN: Council Member Jones
ABSENT: None
The CRA Chairperson and Executive Director were authorized to execute the Lease
Amendment on behalf of the Community Redevelopment Agency. Staff was directed to
collect all past -due amounts totaling $8,475, by May 1, 1995.
Council recessed at 7:50 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:51 p.m.
Council Member Jones indicated that on the advice of the City Attorney, he would abstain
from voting on the proposed pedestrian/traffic directional sign for Los Rios Street/Los Rios
Entry Plaza because of the proximity of his business/residence to that location. He advised
that because of his involvement on the Business Task Force and his concerns with the
business environment in the City, he would vote on the remaining items. Council Member
Vasquez indicated that he would abstain on all items because of the proximity of his
business/residence to the area involved.
City Council Minutes -8- 11/1/94
SO 1
Written Communication:
' Report dated November 1, 1994, from Cassandra Walker, Community Development
Manager, proposing the first phase of a multi -phase downtown directional sign program, as
previously requested by Council Member Nash. The program would include pedestrian/traffic
directional signs, sign map/directional sign, and Walking Tour brochures, for a total estimated
cost of $12,400. Staff recommended that the project go through a design review process for
additional input.
Cassandra Walker, Community Development Manager, made an oral report.
Approval of First Phase of the Downtown Historic Directional Si$ Prog�:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the
first phase of the Downtown Historic Directional Sign Program be approved, including
pedestrian/traffic directional signs, sign map/directional sign, and Walking Tour brochures,
for a total estimated cost of $12,400. Staff was authorized to allocate budgeted funds for this
project. The motion carried with Council Member Vasquez abstaining, and Council Member
Jones abstaining on the pedestrian/traffic directional sign for Los Rios Street/Los Rios Entry
Plaza.
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' Written Communication:
Report dated November 1, 1994, from Cassandra Walker, Community Development
Manager, forwarding recommendations by the Business Task Force, including the re-
establishment of the Marketplace to the downtown area. The Report requested that the
Council provide direction regarding an appropriate organizer/operator to initiate the re-
establishment of the Marketplace.
Approval to Receive and File Update from the Business Task Force and
Direction to Re-establish the Marketplace:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that:
(1) The update from the Business Task Force be received and filed;
(2) The recommendation by the Business Task Force to re-establish the downtown
Marketplace event be supported; and
(3) The Business Task Force be directed to begin interviewing for a suitable operator for
the Marketplace event.
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502
Written Communication:
Report dated November 1, 1994, from Jennifer Murray, Assistant to the City Manager,
forwarding a revised permit program for overnight parking at the Capistrano Villas in
response to concerns expressed by residents after the original program's implementation
earlier this year. The Report recommended that the new program, to become effective
February 1, 1995, be administered by the City's Human Relations Consultant, the Community
Counseling Center. The new program would allow units with one -car garages to be issued
a maximum of two parking permits each, and those with two -car garages to be issued a
maximum of one permit each, through a voucher system. Each unit would be permitted to
park up to three cars in the neighborhood using available garage and street space, and tenants
would not be required to submit proof that garages were being used to store vehicles. The
new program would establish an appeals board for the issuance of additional permits, and
impose a $25 fee for guest permits and for the replacement of lost or stolen permits. All
units which received permits through the original program would be "grandfathered in" for
the first year only. The report also advised that a decision had been made that the first ticket
issued would require payment; multiple citations for the same car would be cancelled.
Luis Arrellano of the Community Counseling Center, provided Spanish translation for the
benefit of the audience. Jennifer Murray, Assistant to the City Manager, made an oral
presentation, explaining the revised program in detail. She anticipated that the board of
appeals would be established prior to the implementation of the new parking permit program
on February 1, 1995. She noted that an additional petition with 87 signatures had been
received just prior to the meeting in support of the proposed program. Copies of the rules
and regulations of the new program were available both in English and Spanish at the rear of
the Council Chamber.
Public Comments:
(1) Joann de Guevara, Capistrano Villas II, 26482 Calle San Francisco, urged the City
Council to support the new program as proposed.
(2) Carmen Etcheberria Dague, 31262 Calle San Juan, felt that renters should be allowed
to serve on the appeals board, which as currently configured, provides for a seven -
member board consisting of resident owners only. Ms. Dague also felt that the
program should be implemented as soon as possible.
(3) Chris Baptiste, 26475 La Zanja, felt that the $25 fee for lost or stolen permits should
be increased to discourage misuse of the permits and inquired how the City would
determine if lost/stolen permits were being used by others. He also felt that two
permits should be permitted for units with two -car garages.
(4) Juana Ortiz, 28532 Las Arubas, Laguna Niguel, 92656, requested that all citations —
issued during the implementation of the original program earlier this year be
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303
invalidated because of the lack of sufficient signage advising residents of the parking
permit program and because she had been advised by the former Human Relations
Consultant that no citations would be issued. She felt that there had not been enough
signs and they were difficult to see. She requested that the large number of family
members in some units be taken into consideration by the appeals board when
residents apply for additional permits.
(5) Sylvia Stanley, 31064 Calle San Diego, on board of directors for Capistrano Villas I,
opposed the new program as proposed. She opposed the provision requiring fees
received by the boards of directors under the original program to be turned over to
the City for administration of the new program. She felt that since the boards were
not under any contract at the time, any remaining decals and fines received should be
returned to the residents who paid them. She stated that because there was provision
for parking for handicapped persons, and because she felt that tenants with two -car
garages were being denied equal access to public lands, she would initiate a lawsuit
if these two items were not resolved.
(6) Daniel Poppa, Jr., 26552 Calle Santa Barbara, spoke in support of the new program
and felt that many of the concerns expressed by residents regarding the original
program had been addressed in the new program.
(7) Gillian Cannon, 26467 Calle San Luis, felt that the new program would alleviate
' concerns with residents having to park several blocks away from their units at night.
She noted that after the implementation of the original program, the vandalism rate
and the numbers of cars on the streets significantly decreased. She requested that the
new program be implemented as soon as possible and commended the City staff on
their efforts.
(8) Dagoberto Vasquez, 31555 Los Rios Street, felt there should be another option
because this program still did not allow enough room for parking. He felt the original
program was better because it did not provide for mobile parking decals; that the
problem had been discriminatory treatment of many of the residents. He requested
that the City focus on the gang problems in the Capistrano Villas instead of parking.
[Mr. Vasquez' remarks were made in Spanish, and translated by Mr. Arrellano.]
Ms. Murray responded to the inquiries made by the speakers. She explained that staff
preferred not to implement the new program as soon as possible because of the potential for
residents being away from their homes during the upcoming holiday season. She noted that
many things needed to be accomplished prior to the program's implementation, such as the
appointment of the board of appeals, applications for permits, applications for additional
permits through the appeals process, etc. With regard to the $25 fee proposed for lost/stolen
permits, she advised that the new program provides that if a resident submits a police or
insurance report documenting that the permit was lost, stolen, or destroyed, no fee will be
' required for a replacement permit. She noted that the City is restricted to the amount of
money that can be assessed for lost/stolen permits in that the fee must only be sufficient to
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offset the costs associated with the program. With regard to roommates, she stated that any
person with a renter's agreement for multiple tenants would be able to obtain a permit for a
roommate. With regard to the request for renters to serve on the appeals board, she
explained that City staff and the Homeowners Associations felt that length of residency was
important, and that resident owners tended to have the strongest commitment to their
neighborhoods. She stated that families with multiple drivers would be able to apply for
additional permits through the appeals process. With regard to handicapped parking, Lt.
Sullivan advised that because the California Vehicle Code specifically states that handicapped
parking cannot be restricted and that disabled persons may park unrestricted, handicapped
parking is exempted from the proposed program.
Council Member Vasquez inquired how new tenants would be notified of the parking permit
program and about fees for guest parking. Ms. Murray indicated that the City would work
closely with the boards of directors of the Capistrano Villas, who receive information
regarding changes in ownership on a monthly basis. The computer file base would determine
whether any permits had already been issued for a particular unit for that year. If permits
were issued and a rental agreement was provided and verified, another permit could be issued
at no charge. She added that for a short period of time, additional permits may be issued for
certain units for the first year only, after which all residents will be required to reapply. With
regard to guest parking, she advised that the $25 fee was a one -time -only fee, as long as the
permit was turned in each year when a new permit was issued.
Mr. Scarborough noted that the number of signs posted for the new program would be
increased and installed prior to implementation of the program, and that smog checks would
not be required to receive a basic permit under the new program.
Council Member Vasquez requested that the proposed parking permit program be revised to
allow renters to serve on the appeals board since many residents cannot afford to own their
units. Council Member Jones concurred but felt that a certain length of residency should be
a requirement to avoid frequent turnovers of board members. Mayor Campbell suggested
that staff develop criteria to address this issue and report back to the Council.
Adoption of Resolution Approving an Overnight-Parking-by-Eermit-Only
Progr m for the Cgpistrano Villas Neighborhood and Establishing Fees:
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, that the
following Resolution be adopted:
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RESOLUTION NO, 94-11-1-4. NO PARKING EXCEPT BY PERMIT
DURINGHOURS OF 3:00 AM. TO 6:00 A.M.. CAPISTRANO VILLAS -
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING
EXCEPT BY PERMIT DURING HOURS OF 3:00 AM. TO 6:00 A.M."
WITHIN A RESIDENTIAL SUBDIVISION (CAPISTRANO VILLAS)
AND ON DESIGNATED STREETS OR PARTS THEREOF, AND
ESTABLISHING A FEE FOR INITIAL ISSUANCE OF GUEST PERMITS
AND A FEE FOR A REPLACEMENT PERMIT; AND RESCINDING
RESOLUTION NO. 94-1-18-4
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez,
and Mayor Campbell
NOES: None
ABSENT: None
The Resolution established a $25 initial fee for the issuance of guest permits and a $25
replacement fee for lost permits. Staff was directed to prepare an amendment to the contract
. with the Community Counseling Center authorizing their administration of the program on
behalf of the City at a cost of $2,385 for the first year.
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that staff be directed to monitor the new parking permit program and
work with the homeowners association boards of directors regarding the suggestion to permit
renters as well as residents to serve on the board of appeals. Staff was directed to report back
to the Council and provide any additional recommendations they felt were necessary for the
program within the first quarter of 1995.
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Written Communications:
(1) Report dated November 1, 1994, from the Director of Administrative Services,
recommending that the request from Times Mirror Cable Television for the City to
approve Dimension Cable's intent to merge with Cox Cable Communications, Inc. be
denied, based on information requested by the City regarding rates and billing late
' charges that has not yet been received. The Report noted that denial of the transfer
City Council Minutes -13- 11/1/94
506
application would allow the continuation of negotiations between the City and Times
Mirror to develop a mutually agreed upon final transfer agreement.
(2) Addendum Report dated November 1, 1994, from the Director of Administrative
Services, recommending that the request by Dimension Cable to continue the item to
the meeting of November 15, 1994, be approved to allow Dimension additional time
to provide all information requested by the City in this matter.
Continuation of Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that this item be continued to the meeting of November 15, 1994, at the
request of Dimension Cable.
Council Member Vasquez indicated he would abstain in this matter because of a potential conflict of
interest and left the Council Chamber.
Written Communications:
(1) Report dated November 1, 1994, from the Director of Planning, recommending that
the appeal of the Planning Commission's action of September 13, 1994, approving
modifications to AC 71-1012, be upheld. The appeal was filed by Kenn Warner, Tom
Hribar, Tom and Estella Storey, Maxine Iddings, Matt Gaffney, and Harry and Linda
Kollias. The appeal requested deletion of the vehicle service entrance facing Camino
Capistrano for the Goodyear Tire Center. Staff further recommended that all vehicle
entrances be located within the auto court located at the southwest comer of the
building and that the driveway on the east side of the building be deleted and replaced
with landscaping, subject to the approval of the Director of Planning.
(2) Letter dated November 1, 1994, from Maxine, Darwin, and Joel Iddings, 32302
Alipaz Street, Space 176, in opposition to the tire center use at this location. The
letter also requested that the entrance on the east side of the building be eliminated
and the driveway on the east side eliminated and replaced with landscaping.
C. J. Amstrup, Assistant Planner/Project Manager, made an oral presentation. Exhibits were
on display, including a drawing showing an option for a one -door operation. He noted that
at the Planning Commission meeting of October 25, 1994, the Commission voted to amend
its motion made at the September 13, 1994, meeting approving AC 71-1012. The
Commission clarified that the condition requiring the overhead doors to remain closed during —
City Council Minutes -14- 11/1/94
ENDS
Iltumvillinamavi.
•
Council Member Vasquez indicated he would abstain in this matter because of a potential conflict of
interest and left the Council Chamber.
Written Communications:
(1) Report dated November 1, 1994, from the Director of Planning, recommending that
the appeal of the Planning Commission's action of September 13, 1994, approving
modifications to AC 71-1012, be upheld. The appeal was filed by Kenn Warner, Tom
Hribar, Tom and Estella Storey, Maxine Iddings, Matt Gaffney, and Harry and Linda
Kollias. The appeal requested deletion of the vehicle service entrance facing Camino
Capistrano for the Goodyear Tire Center. Staff further recommended that all vehicle
entrances be located within the auto court located at the southwest comer of the
building and that the driveway on the east side of the building be deleted and replaced
with landscaping, subject to the approval of the Director of Planning.
(2) Letter dated November 1, 1994, from Maxine, Darwin, and Joel Iddings, 32302
Alipaz Street, Space 176, in opposition to the tire center use at this location. The
letter also requested that the entrance on the east side of the building be eliminated
and the driveway on the east side eliminated and replaced with landscaping.
C. J. Amstrup, Assistant Planner/Project Manager, made an oral presentation. Exhibits were
on display, including a drawing showing an option for a one -door operation. He noted that
at the Planning Commission meeting of October 25, 1994, the Commission voted to amend
its motion made at the September 13, 1994, meeting approving AC 71-1012. The
Commission clarified that the condition requiring the overhead doors to remain closed during —
City Council Minutes -14- 11/1/94
507
service operations should have been deleted, as originally intended by the Commission but
inadvertently omitted.
Applicant's Comments:
Tom Merrell of Civic Solutions, 31726 Rancho Viejo Road, Suite 223, representing the
applicant, reviewed the revisions made to the project that were made by the applicant in
response to concerns expressed by City staff, commissioners, and surrounding property
owners. He gave a slide presentation depicting open service bay doors at other sites in the
City, the internal service operation at the Honda dealership, a tire service center located in
Rancho Santa Margarita which had internal service operation but only one door, and views
of the proposed site from various points along Camino Capistrano. He stated it was the
applicant's intent to maintain the building's image as an office building, contain all noise on
site, provide ample, convenient parking for customers, provide safe on-site circulation, and
prevent servicing outside of the building. He emphasized the importance of flow-through
circulation because of safety concerns to avoid cars having to back up and turn around inside
the building. He stated that the noise study submitted to the City last week by the applicant's
noise consultant concluded that noise would be contained on site and would be completely
inaudible off site. Photographs were distributed showing examples of garage entrances in the
City which were completely open and had no landscape screening. He stated that the
applicant was willing to continue to make improvements to satisfy concerns of the City and
adjacent property owners but again emphasized the extreme importance to Mr. Kumagai of
retaining the proposed flow-through circulation. He noted that Mr. Humphreys, owner of the
Mission Village Center adjacent to this project, approves the project as proposed. He stated
that the applicant had attempted to address the concerns of Mr. Winebright, owner of San
Juan Plaza, by increasing the height of the wall, and is willing to include the most recent
requests of Mr. Wmebright to increase the height of the rear wall to 10 feet and to roof over
the area opposite the door to further mitigate noise impacts. Mr. Merrell indicated that he
met last week with Mr. Hribar, owner of a business across the street from this project, and
the applicant stated he was willing to further modify the front of the building to mitigate
potential noise and visual impacts.
The applicant, Henry Kumagai, stated that since the project's inception, he has continued to
cooperate with staff and has made numerous modifications to the plans to address the
concerns of staff, commissions, and adjacent property owners. He emphasized the need for
two doors to have proper flow-through circulation to avoid vehicles having to back up
frequently and creating congestion. He felt that his operation would not work properly with
only one door.
Council Member Jones inquired whether the door facing Camino Capistrano could be moved
to the south side of the building and screened with landscaping. Michael Luna, architect for
the project, said that option had been studied and rejected since it would not accommodate
two-way traffic and two doors in the same location would increase noise impacts to the center
on the south side.
City Council Minutes -15- ll/l/94
508
Public Comments:
(1) Ken Friess, representing the Humphreys family, owners of Mission Village Center, --
stated that the issue of the two doors is basically an aesthetic one. He noted that
some decisions made by the City in the past were based on aesthetics and had resulted
in practical problems for the businesses. He felt that permitting only one door for the
operation would cause congestion and force the servicing of some vehicles into the
parking lot, creating additional visual impacts to the community. He stated that
although many people in the community oppose this use in this location, the applicant
had a legal right to proceed with this project, and urged the Council to allow the
applicant's flow-through circulation with the least amount of impacts to the
community.
(2) Jody Bras, owner of J.J. Beans at 32211 Camino Capistrano, concurred with
Mr. Friess' comments. She felt that a wall was necessary to block view of the
southwest side of the building and that roofing over the door would help visually. She
felt that two doors on the south side would create additional noise and traffic impacts,
especially in the busy intersection between the project and San Juan Plaza. She cited
support of doors on both the east and south side of the building.
(3) Chester Winebright, owner of the San Juan Plaza, concurred with Mr. Friess'
comments. He felt that the Planning Department did not consider the concerns of San
Juan Plaza and that most of the adverse impacts from the project were incurred by his
center. He felt that a single, narrow driveway would negatively impact San Juan
Plaza and that raising the height of the wall would be beneficial. He requested that
the entrance remain at the front of the building.
(4) Kenn Warner, owner of a business at 33171 Camino Capistrano, opposed the use in
this location and the east -facing door. He felt there were legal remedies to prevent
the use. He indicated that in 1986, he had been informed by City staff that the
downtown area was an unacceptable location for a tire dealership; and his project was
conditioned to prohibit bay doors to face Camino Capistrano and appear like an office
complex. He felt the proposed use was not consistent with the City's General Plan in
that the majority of auto -related uses have been located in the southern portion of the
City. He felt that the use should be reviewed for this location and noted that the
Planning Commission had expressed similar concerns.
(5) Tom Hribar, 31911 Paseo Monte Vista, owner of the commercial office building
across the street from this project, stated his appeal was based on the Planning
Commission's action that was taken at a meeting in which two of the Commissioners
were absent. He stated that property owners across the street from this project are
very concerned about noise and visual impacts from this use. He opposed the door
facing Camino Capistrano because the door opening would be located very close to
the sidewalk and noise would probably be heard by tenants in the two-story building
across the street. He felt that locating the entrance on the south side of the building
would not cause any more congestion than the previous drive -up area for the bank
City Council Minutes
16- 11/1/94
S09
use. He felt that it was wrong to try to fit this use into this location and indicated his
support for the staff recommendation.
(6) Estella Storey, 26862 Via Corta, owner of the Solana Palms building directly across
the street from the project, felt that noise from the dealership's front entrance on
Camino Capistrano would disturb the quiet atmosphere expected by her office and
commercial tenants. She concurred with the comments and recommendations made
by Mr. Hribar.
Mr. Merrell, in response to the public comments, stated that the applicant was willing to make
additional improvements to the project to address their concerns. He re-emphasized that the
noise consultant determined that any noise generated by the use would be contained within
the building.
Council Comments:
Council Member Hausdorfer noted that no one wants the tire dealership use in this location
and agreed that it was the wrong use in this pedestrian -oriented location. He concurred with
Mr. Friess' comments regarding impracticality vs. aesthetics and agreed that it was a better
business decision for the project to have two doors with landscape screening. He preferred
to make his decision based on practical business needs for the business but indicated he
would not oppose the staff recommendation.
' Council Member Jones opposed the close proximity of the wall to Camino Capistrano and
preferred that the driveway be eliminated, the area landscaped, and one or two doors allowed
on the south or west sides. He noted that when the Council previously exempted this project
from the City's moratorium on certain uses in the downtown area, he had warned
Mr. Kumagai about the City's strong concerns with the use in this location. He felt that
aesthetics were a major concern with this project and suggested that the applicant may need
to decrease his volume in order to accommodate a change in circulation.
Council Member Nash indicated that when the applicant's project was exempted from the
City's moratorium, the Council informed him that he would have to accommodate the needs
of the community to mitigate any adverse impacts and that openings into the use would be
of major concern. She stated that although traffic circulation needed to be addressed, this
location did not accommodate this use properly. She expressed concerns regarding potential
noise from the use, especially since the overhead service doors will be left open during
operations. She felt that the City owed it to other businesses in town to require this use to
meet the City's requirements and support the staff recommendation.
Mayor Campbell indicated that although she did not support this use in this location, the
previous bank use probably had more traffic volume than the tire dealerships use would
create. She expressed concern that congestion would occur if there were only one door for
the project, and she definitely was opposed to the wall facing Camino Capistrano. She
' concurred with the comments made by Mr. Friess and expressed concern with traffic backing
up toward the business in back of the site. She believed that noise from the use would not
City Council Minutes -17- 11/1/94
510
significantly impact businesses located across the street from this project because of the noise
already generated by traffic on Camino Capistrano. She recommended that heavy landscaping
be installed to mitigate impacts.
Adoption of Resolution Upholding the Appeal:
It was moved by Council Member Jones, seconded by Council Member Nash, that the
following Resolution be adopted upholding the appeal:
RESOLUTION NO. 94-11-1-5. APPROVING APPEAL OF
ARCHFIECTURAL CONTROL71-1012-PROPO D GOODYEAR TIRE.
CENTER (KUMAGAI) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
AN APPEAL OF THE SEPTEMBER 13, 1994, PLANNING
COMMISSION'S ACTION TO APPROVE PROPOSAL OF HENRY
KUMAGAI TO CONVERT AN EXISTING BANK BUILDING AT 32201
CAMINO CAPISTRANO INTO A GOODYEAR TIRE CENTER
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
Council Member Vasquez returned to the Council Chamber and resumed his duties.
'`Ti7/11y1►(•]�(•I�I��j�.7.y��`�I�j�7Tl�(•�(• _ ull►I ►Y
Written Communication:
Report dated November 1, 1994, from the Director of Engineering and Building,
recommending that the Resolution be adopted initiating eminent domain proceedings to
obtain two easements from Mr. and Mrs. Melvin Rosenbaum, owners of property located
between Rosenbaum Road and Trabuco Creek, to complete a storm drain project prior to
winter rains. Staff recommended that this action be taken since negotiations between
Mr. Rosenbaum and the City have been unsuccessful. This item was continued from the
meeting of October 18, 1994, since the minimum of four Council Members required to initiate
eminent domain proceedings were not present.
City Council Minutes
In
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511
Melvin Rosenbaum, 29742 Rosenbaum Road, stated that he opposed the storm drain project
' because it was unnecessary and a waste of taxpayers' money. He felt that the existing drains
on the east and west sides of the road had not been properly maintained and were not installed
properly. He noted that he had not reviewed the City's plans but suggested that the problems
be addressed more thoroughly by the City before proceeding with the subject storm drain
project.
Mr. Huber stated that the City had studied the problems at this location from an engineering
and maintenance standpoint. He noted that Ron Sievers, Director of Public Lands and
Facilities, advised that drainage continues to be a problem even when the drains are cleaned
out. He noted that basins are located upstream from this area, and water will always bypass
the drains and collect in the low area of the road. He stated that even if the existing drains
were deepened, water would continue to bypass the drains. In addition, the area to the north
drains into the low spot and bypasses the existing drains. He felt there was no other solution
other than to install collection basins and drains at the low portion of the road. He noted that
the original budget for this project was $64,000; however, bids have been received at
$32,000.
Council Member Nash inquired about the potential impacts to Mr. Rosenbaum's property as
a result of the proposed project. Mr. Huber advised that all pipes would be located
underground with no above -ground structures. He stated that although Mr. Rosenbaum
would not be permitted to construct any permanent structures on the easements to guarantee
access by the City, a parking lot would be permitted. He noted that the easements would
consist of approximately 100 square feet of Mr. Rosenbaum's property on the northern end.
Council Member Vasquez inquired whether plans had been sent to Mr. Rosenbaum for his
review and whether an appraisal had been done for the value of the property. Mr. Huber
indicated that his staff had informed him that preliminary plans had been sent to
Mr. Rosenbaum and that an appraisal had not been done since the appraisal would cost more
than the value of the property.
Council Member Jones noted that many residents, including those in Village San Juan, have
voiced concerns about water accumulating in the low portion of the road over the last four
years. He noted that trucks and other vehicles have been forced to use the back side of
Village San Juan during heavy rains and that the proposed storm drains would allow all
vehicles easier access. He further noted that many of the requests for service at this area had
been received from Mr. Rosenbaum.
Adoption of Resolution of Necess4 Initiating E inent Domain Proceedings:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the
following Resolution be adopted:
City Council Minutes -19- 11/1/94
512
(ROSENBAUM) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
THE ACQUISITION OF EASEMENT FOR STORM DRAIN PURPOSES
(PERMANENT RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION
EASEMENT) AND THE EXPENDING OF FUNDS THEREFORE, AND
THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS,
ROSENBAUM ROAD DRAINAGE IMPROVEMENTS, CAPITAL
IMPROVEMENT PROJECT #139
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez,
and Mayor Campbell
NOES: None
ABSENT: None
1.141 OL • I ._ '•' '. �� •11 1
Written Communication:
Report dated November 1, 1994, from the Director of Engineering and Building,
recommending that the plans and specifications for the construction of Phase I improvements
to the Sports Park be approved.
Approval of Plans and Specifications and Authorization to Receive Bids:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that the plans and specifications for the construction of Phase I
improvements to the Sports Park be approved. Staff was authorized to advertise and call for
bids.
Council Member Nash left the Council Chamber at 10:35 p.m.
City Council Minutes -20- 11/1/94
■I : ■ • • l ►1►11► • ulul • ► 1 1
Written Communication:
Report dated November 1, 1994, from Carole Jacklin, Council Services Manager, forwarding
the letter of resignation.
Acceptance of Resiarnation/Declaration of Vacancy:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
carried, with Council Member Nash absent, to accept the resignation of Cheryle Hodge from
the Planning Commission and to declare the position vacant. Staff was directed to prepare
appropriate documents to commend Ms. Hodge for her community service. The City Clerk
was directed to post notices of the vacancy and to advertise for applications for the position
for consideration at the meeting of January 3, 1995.
2. ORAL REPORTS OF OUTSIDE AGENCIES
COUNCEL COMMENTS
None.
Lei • . 31 1 • ,
Council recessed to a Closed Session at 10:36 p.m. for:
Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b) for significant exposure to litigation in one case, and per Government Code
Section 54956.9(c), for the initiation of litigation in one case; and
2. Conference with Labor Negotiator per Government Code Section 54957.6, with George
Scarborough, representing Management and Classified Employees.
The City Clerk was excused therefrom, and the meeting reconvened at 10:55 p.m. Mr. Denhalter
advised there was no action to report on either item.
City Council Minutes
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513
514
There being no further business before the Council, the meeting was adjourned at 10:55 p.m. to the
next regular meeting date of Tuesday, November 15, 1994, at 7:00 p.m. in the City Council Chamber.
ATTEST:
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Respectfully submitted,
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City Council Minutes -22- 11/1/94