89-0620_CC_Minutes_Regular MeetingJUNE 20, 1989
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 Hausdorfer
at 7:02 p.m. in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Pastor
Rutherford of the Coast Bible Church.
ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
ABSENT: Phillip R. Schwartze, Councilman
Lawrence P. Buchheim, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann
Hanover, City Clerk; John R. Shaw, City Attorney; George
Scarborough, Assistant City Manager; Robert G. Boone, Director
of Administrative Services; William D. Murphy, Director of
Public Works; Thomas G. Merrell, Director of Community Planning
and Development; Thomas L. Baker, Director of Community
Services; Nancy Bernardi, Recording Secretary.
MINUTES
Adjourned Regular Meeting of May 30, 1989:
It was moved by Councilman Bland, seconded by Councilman Friess,
that the Minutes of the Adjourned Regular Meeting of May 30,
1989, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim and Schwartze
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Regular Meeting of June 6. 1989:
It was moved by Councilman Bland, seconded by Councilman Friess,
that the Minutes of the Regular Meeting of June 6, 1989, be
approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim and Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Bland, seconded by Councilman Friess,
that all Ordinances be read by title only. The motion carried
by the following vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim and Schwartze
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION COMMENDING DONNA FRIESS ON 25TH WEDDING
ANNIVERSARY (610.40)
Mayor Hausdorfer read in full a Resolution commending
Mrs. Ken Friess on their 25th wedding anniversary. It was
moved by Councilman Bland, seconded by Councilman Friess,
and unanimously carried that the Resolution be adopted.
Councilman Friess expressed his appreciation on behalf of
the Council to all spouses of those involved with the
community process.
ORAL COMMUNICATIONS
1. Frank Ducey, 201 Calle Felicidad, San Clemente, president _
of California Mission Studies Association, presented a
letter on behalf of the Association, which is interested
in the preservation and research of the 21 missions in
California. Mr. Ducey recommended that a member of the
Society of Professional Archaeologists be considered for
the position of archaeologist staff consultant.
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2. Fred Jenner, Executive Vice President of the South Coast
Board of Realtors, Dana Point, presented a document to the
Council outlining solutions to the housing crisis at the
federal, state, and local levels.
3. Mark Clancey, 31892 Via de Linda, spoke in opposition to
the size of the Marshall's sign, submitted a letter
addressed to the City Council dated June 20, 1989, asking
that the sign be modified, and inquired if there would be
any further public input regarding this issue. Mr. Clancey
claimed that the sign was approved without the input of San
Juan Beautiful Committee. Mayor Hausdorfer explained that
the sign had already been approved and public hearings held
two years ago, and requested that the matter be referred
to the City Attorney for review and response.
4. Phillip Weissberg, 31196 Via San Vicente, in voicing his
concern regarding the number of new development projects
approved in town, proposed that an initiative be considered
limiting the terms of office for City Council members,
allowing the position of Mayor to be an elected, full-time,
salaried position, and requiring any Council member who
would profit from his position on the Council to withdraw
from the particular project or resign his position on the
Council.
CONSENT CALENDAR
It was moved by Councilman Bland, seconded by Councilman Friess,
that the staff recommendations be accepted for the following
items listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim and Schwartze
1. APPROVAL OF WARRANTS !300.301
The List of Demands dated June 1 and June 15, 1989, in the
total amounts of $627,300.64 and $629,868.69, respectively,
were approved as submitted.
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2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of May 31,
1989, in the total amount of $19,435,937.50, was approved
as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(345.60)
The City Treasurer's Report advising there were no 1911 Act
Bond Delinquencies as of May 31, 1989, was approved as
submitted.
4. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.30)
The City Treasurer's Report of Cash Fund Balances for the
month of November, 1988, in the total amount of
$915,382.79, was approved as submitted.
5. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated June 20, 1989, from the Secretary of the
Architectural Board of Review, regarding actions taken at
the meeting of June 7, 1989, was ordered received and
filed.
6. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.401
The Report dated June 20, 1989, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of June 12, 1989, was ordered received and filed.
7. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated June 20, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of June 13, 1989, was ordered received and
filed.
8. OLD FIRE STATION RENOVATIONS - RESOLUTION. NOTICE OF
COMPLETION AND FINAL REPORT (A&M DESIGN AND DEVELOPMENT)
(600.30)
As set forth in the Report dated June 20, 1989, from the
Director of Public Works, the renovation of the Old Fire
Station Nydegger Building was completed.
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Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO 89-6-20-1 COMPLETION OF
RENOVATIONS TO THE OLD FIRE STATION - NYDEGGER
BUILDING (A & M DESIGN) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE RENOVATION OF
THE OLD FIRE STATION (A & M DESIGN)
The Resolution accepted the work as complete in the amount
of $78,058.06 and directed the City Clerk to forward a
Notice of Completion to the County Recorder. The transfer
of $14,000 was approved to the Project Account from the
Parks and Recreation Fund Reserve. Staff was authorized
to release the 10% retention in the amount of $7,677.31
thirty-five days after recording the Notice of Completion.
9. TRAFFIC SIGNAL INSTALLATION. RANCHO VIEJO ROAD (MARGUERITE
PARKWAY)/VIA ESCOLAR - AWARD OF CONTRACT (BAXTER/GRIFFIN
COMPANY. INC.) (600.30)
As set forth in the Report dated June 20, 1989, from the
Director of Public Works, the contract for the
construction of the Marguerite Parkway/Rancho Viejo Road/
Via Escolar Traffic Signal Installation Project was
awarded to Baxter -Griffin Co., Inc. in the amount of
$56,600. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City.
10. _CONSULTING SERVICE AGREEMENT TO OBTAIN RIGHT-OF-WAY
APPRAISALS FOR THE LA NOVIA EXTENSION (600.30)
As set forth in the Report dated June 20, 1989, from the
Director of Public Works, in order for the City to prepare
for possible condemnation of the right-of-way for Glenfed
to begin construction of the La Novia extension, the
Consulting Services Agreement with the Schooler Company to
obtain appraisals for the La Novia extension was approved.
A budget transfer of $8,250 for the right-of-way appraisal
was authorized.
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PUBLIC HEARINGS
1. PUEBLO SERRA PLANNED COMMUNITY - JUNIPERO SERRA ROAD AND
CAMINO CAPISTRANO (460.70/410.60/420.40/460.20)
Proposal:
Review of RZ 88-4 and Tentative Tract 10634, appeal of
Planning Commission's denial of CUP 89-1, and appeal of
certain conditions of approval imposed by the Planning
Commission to Architectural Controls 88-11 and 88-12.
Applicant:
Jim Olmstead
Enterprise Construction, Inc.
2955 East Main Street
Irvine, CA 92713
Written Communications:
Report dated June 20, 1989, from the Director of Community
Planning and Development, forwarding staff's and Planning
Commission's recommendations, summarizing the background,
and outlining the applicant's proposal; letter dated
June 2, 1989, to Tom Tomlinson, City Planner, from
Enterprise Construction, Inc., outlining the specific
points of appeal of the Planning Commission decision.
Exhibits were on display, and Larry Lawrence, staff
consultant for the project, made an oral presentation.
Mr. Lawrence pointed out the differences from the zoning
that was approved in 1980 and the current proposed concept
plan, e.g. increase in setback from freeway from 65 feet
to 100 feet, as recommended by the Planning Commission,
and expansion of office/retail uses in the community
commercial site. Mr. Merrell noted that the overall
intensity of uses and basic configurations are similar and
unchanged or made more restrictive from the plan approved
in 1980.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and the following
persons responded in favor of the proposed project:
1. David Neish of Urban Assist, Inc., Costa Mesa,
representing the applicant, summarized the history of
the project's progress through City staff and the
Planning Commission, noted the deletion of the
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residential site plan from the current proposed
project, and noted that the new residential plan will
comply with the General Plan @ 8 units per acre. Mr.
Neish requested direction from the City Council
regarding a sign program for the site, and requested
that the applicant's appeal of the condition
regarding the window mullions be removed. Mr. Neish
noted that the inclusion of the car wash was
economically important to the project and suggested
that a "mini -Conditional Use Permit" be considered
that would eliminate the use from the site if imposed
standards were not met and adhered to.
2. Jim Dietz of Architects Orange, Orange, commercial
architect for the project, addressed the applicant's
appeals regarding architectural matters and asked
that the applicant be allowed to use the one-piece
"S" tile for the roof, referring to the Ortega Center
as a favorable example of its use.
3. Dave Madison, real estate agent for Texaco, spoke
regarding the need for another gas station and noted
that the purpose of the proposed gas station would be
the full- or self -serve sale of gasoline and not a
service station.
4. Sally Gehrig, 31942 Evita, spoke in favor of the
overall project, including the gas station and car
wash uses.
5. Craig Jones, 30402 Mirador Court, Laguna Niguel,
representing Coldwell Banker, the marketing agent for
the project, spoke regarding the necessity of a gas
station in a neighborhood commercial center and
emphasized the economic importance of including the
car wash with the gas station use.
6. David Hanson, 31171 Calle del Campo, spoke in favor
of the project and the inclusion of the gas station
and car wash, particularly since two other stations
in the City will eventually discontinue their
operations within the City-
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Jerry Williams, 26322 Eastview Court, spoke in favor
of the project, the gas station, and car wash.
Mr. Williams also submitted a letter dated June 20,
1989, from Sandy Lane, 31584 de la Vista, who was in
favor of the project and the gas station and car wash
uses.
8. Bill Hardy, 26523 Calle Lorenzo, president of Casitas
de Capistrano Association No. 3, stated that the
Association members were generally in favor of the
project but felt that the gas station and car wash
uses should be deleted from the project. He felt
that if a car wash were to be included, that it
should be a full-service car wash. Mr. Hardy also
expressed concern regarding the absolute preservation
of the old sycamore trees within the project, and
stated that right turns underneath the trees could
lead to their demise, as well as improper drainage.
9. Bill Bathgate, 29643 Camino Capistrano, spoke in
favor of the project, particularly with regard to the
public improvements which would alleviate traffic
backups on northern Camino Capistrano and Junipero
Serra Road.
10. Rick Dickerson, 30562 Hunt Club Drive, spoke in favor
of the project, expressing his desire to shop in the
City rather than in Mission Viejo.
The following persons spoke in opposition to the project:
11. Mark Clancey, 31892 Via de Linda, submitted his
letter to the City Council dated June 20, 1989,
voicing opposition to the high-tech gas station and
car wash uses, particularly on an ancient Indian
burial ground site, and asked that consideration be
given to the preservation of open space within the
project.
12. Russell Burkett, 29520 Spotted Bull Lane, expressed
concern regarding the realignment of Camino
Capistrano and the potential legal conflict with the _
property owner to the north of the project; spoke in
opposition to the day care center improvements,
stating that the plan should be brought back for
consideration at the same time the residential site
plan is presented; spoke in opposition to the gas
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station and car wash uses; suggested that
consideration be given to promoting Indian heritage
within the pedestrian passageways; and expressed
concern regarding sale of liquor at the location and
the possibility of the site becoming a "hang-out."
There being no further response, Mayor Hausdorfer closed
the hearing with the right to reopen at any time.
RECESS
A recess was called at 9:02 p.m. and reconvened at 9:12 p.m.
Council Discussion:
Discussion ensued among the Council regarding reduction of
the second story for Building 11 and its 35 -foot height
requirement, the extension of Camino Capistrano, inclusion
of gas station/car wash uses, day care center, sign
program (Mayor Hausdorfer cited the San Juan Corporate
Center as an example of undesirable external lighting),
roof tiles, and pedestrian courts. Mr. Merrell noted that
the two alternatives showing a reduction in mass for
Building 11 were probably not reduced sufficiently enough
for Planning Commission acceptance.
It was moved by Councilman Friess, seconded by Mayor
Hausdorfer, and carried by a 2-1 vote, that the staff
recommendations for changes to the Comprehensive
Development Plan text be approved, with the following
modifications:
(1) It is the irrevocable intent of the City to work with
the developer to cause the extension of Camino
Capistrano along both sides of the project and its
construction synchronized and mandated prior to
occupancy in the center.
(2) The City Council shall pre -approve any construction
period traffic circulation plan for the project so
that traffic is not impeded. Signals shall be
synchronized.
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(3) The developer shall work with staff to complete the
public improvements before construction commences
and, if necessary, the City will exercise its power
of eminent domain to acquire the right-of-way north
of Junipero Serra in order to complete these
improvements.
(4) Regarding the project's sign program, signs shall be
all -wood, sand -blasted signs and externally
illuminated with no halogen lighting.
(5) The 65 -foot setback from the freeway shall be
allowed, with a minimum of 25 feet of landscaping,
subject to furthe7 review by the Planning Commission.
(6) No retail sales, e.g. "mini -mart", other than fuel
and petroleum products (no batteries, tires, etc.),
shall be allowed for the gas station (staff was
directed to define this condition more clearly for
the zoning document) the car wash use shall be
deleted.
(7) A site plan shall be submitted to the Planning
Commission showing berming, landscaping, and
architectural elevations for the gas station.
Councilman Bland voted in opposition to the restrictions
on the gas station/car wash uses and the setback
requirement.
Tentative Mao:
It was moved by Councilman Friess, seconded by Councilman
Bland, and unanimously carried that the conditions for the
Tentative Map as proposed by staff be approved.
Building 11 Elevation:
The height for Building 11 shall be kept as close as
possible to 30 feet. It was the consensus of Council that
of the three alternative designs, that the architect's
elevation for Building 11 be recommended to the Planning
Commission for approval.
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Pedestrian Court:
It was moved by Councilman Bland, seconded by Mayor
Hausdorfer, and carried by a 2-1 vote that, regarding
Architectural Control condition No. 5, the applicant's
recommendation for a 20 -foot pedestrian court between
buildings be approved. Councilman Friess voted in
opposition.
Tree Preservation:
In addition, it was the consensus of the Council that the
developer be made aware of the serious concern of the City
that the sycamore trees within the project area be
preserved and that construction near the trees, as well as
the archaeology, be carefully supervised and monitored at
all times so as to ensure that trees and findings of
archaeological importance are not destroyed or damaged.
The Cultural Arts and Heritage Commission is to help
create a historic depiction for the location.
Staff was directed to submit these modifications for
formal approval by the City Council at the meeting of
July 18, 1989.
PROPOSED SEVEN -IAT SUBDIVISION AND ZONE CHANGE - TRACT
13721, REZONE 88-10 (ROSENBAUM/MEEK) (420.40/460.20)
Proposal:
Consideration of a request to subdivide 2.5 acres into
seven residential lots, zone change from GM (Growth
Management) to RS (Single -Family Residential), TT 13721,
RZ 88-10, and ZV 89-12 for property located at the
southwest corner of Ortega Highway and Avenida Siega.
Applicant/Developer: Property Owner:
Patrick L. Meek Edwin Rosenbaum
34118 Pacific Coast Hwy. 34791 Camino Capistrano
Dana Point, CA 92629 San Juan Capistrano 92675
Written Communication:
Report dated June 20, 1989, from the Director of Community
Planning and Development summarizing the applicant's
request, background information, staff issues and
analysis, and providing a recommendation to approve.
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Tom Tomlinson, City Planner, made a brief oral
presentation and noted that the scattering of artifacts
found on the site were deemed insignificant by the
Chambers Group.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and the following
persons responded:
(1) Ilse Byrnes, 28355 Ortega Highway, spoke in favor of
preserving the Rosenbaum House on-site, or if
necessary, its relocation and documentation.
(2) Marilyn Thorpe, 27952 Calle Santa Ynez, Chairman of
the Cultural Arts and Heritage Commission, spoke in
favor of preserving the Rosenbaum House, its
eligibility for the National Register, and its
present City status as a Building of Distinction.
Ms. Thorpe stated that it was the unanimous decision
of the Commission that the house be preserved on-
site, or if necessary, relocated to a compatible site
in town. In the event the house is to be destroyed,
Ms. Thorpe requested that the house be thoroughly and
professionally documented and photographed.
There being no further response, Mayor Hausdorfer closed
the hearing with the right to reopen at any time.
Council Discussion:
The City Manager noted that the present owner does not
desire to preserve the house on-site and suggested that
sites for relocation be explored, including the Los Rios
area. Mr. Julian asked that staff be allowed to explore
the relocation possibilities and to prepare a report for
Council review.
Mr. Merrell suggested that a cost estimate be obtained for
relocating and rehabilitating the house before a decision
is made. He noted that a condition was placed on the
project to ensure that a full -faith effort is made to _
preserve the house before any determination can be made.
There was discussion among the Council regarding the
possibility of establishing a location for buildings of
historical interest and the difficulty in bringing the
buildings up to public safety standards.
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Adoption of Resolution:
It was moved by Councilman Bland, seconded by Councilman
Friess, that the following Resolution be adopted, with the
modification to Condition No. 12 requiring that in the
event no one is willing to pay for the relocation of the
Rosenbaum House, that the issue be brought back to the
City Council relative to the City's desire for its
relocation and that the house be preserved if at all
possible:
RESOLUTION NO, 89-6-20-2. APPROVING TENTATIVE
TRACT 13721 (MEEK/ROSENBAUM) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 13721 (MEEK/ROSENBAUM)
The motion carried by the following vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim and Schwartze
Mayor Hausdorfer encouraged the private sector to become
involved with the relocation effort.
Introduction of Ordinance:
The City Attorney 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 Councilman Bland,
seconded by Councilman Friess, that the following
Ordinance be introduced:
APPROVING REZONE 88-10 (MEEK/ROSENBAUM) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF A PORTION OF ASSESSOR'S PARCEL NO.
664-053-8 FROM GM (GROWTH MANAGEMENT) TO RS
(SINGLE-FAMILY RESIDENTIAL) (MEEK/ROSENBAUM)
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The motion carried by the following vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim and Schwartze
3. PROPOSED SUBDIVISION OF 3.2 ACRES - TENTATIVE PARCEL MAP
88-419 (CLEGG) (420.70)
Proposal•
Consideration of a proposal to subdivide 3.2 acres into
three residential lots of 1.15, 1.18, and .88 acres,
located at the northwest terminus of Avenida Evita.
Applicant/Property Owner:
Philip M. Clegg
1575 North Main Street
Orange, CA 92667
Written Communication:
Report dated June 20, 1989, from the Director of Community
Planning and Development, forwarding the Resolution
approving the tentative parcel map, subject to conditions.
Exhibits were on display, and Tom Tomlinson, City Planner,
made an oral presentation. Mr. Tomlinson noted the
circulation issue with the deletion of Via Estelita
between Peppertree Bend and Aguacate Road.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and there being no
response, closed the hearing with the right to reopen at
any time.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION NO 89-6-20-3 APPROVING TENTATIVE
PARCEL MAP 88-419 (CLEGG) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
88-419 (CLEGG)
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The motion carried by the following vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim and Schwartze
4. PROPOSED SUBDIVISION OF 1.746 ACRES - TENTATIVE PARCEL MAP
88-402 (HOBBS) (420.70)
Proposal:
Consideration of a proposal to subdivide 1.746 acres into
two residential lots of .99 and .76 acres, located at
31682 Avenida Evita.
Applicant/Property Owner:
Donald and Mary Lou Hobbs
31682 Avenida Evita
San Juan Capistrano, CA 92675
Written Communication:
Report dated June 20, 1989, from the Director of Community
Planning and Development, forwarding the Resolution
approving the tentative parcel map, subject to conditions.
Exhibits were on display, and Tom Tomlinson, City Planner,
made an oral presentation. Mr. Tomlinson noted the
circulation issue with the deletion of Via Estelita
between Peppertree Bend and Aguacate Road.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and there being no
response, closed the hearing with the right to reopen at
any time.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION NO. 89-6-20-4. APPROVING TENTATIVE
PARCEL MAP 88-402 (HOBBS) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
88-402 (HOBBS)
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The motion carried by the following vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim and Schwartze
JOINT PUBLIC HEARING ON THE PROPOSED OWNER PARTICIPATION
AGREEMENT FOR PROPERTY LOCATED BETWEEN THE FREEWAY AND THE
NEW PLAZA DEL OBISPO (MARSHALL'S) PROVIDING THE AGENCY
REIMBURSEMENT OF PUBLIC IMPROVEMENT COSTS (AREA A.
CAPISTRANO LTD. PARTNERSHIP,/YU) (400.20)
Proposal•
The Council is required by Redevelopment Law to hold a
joint public hearing to approve the offering of financial
assistance by the Agency to ensure that public
improvements are completed in a timely manner regarding
the Owner Participation Agreement (OPA) with Paseo
Capistrano Ltd. Partnership for the construction of an
87,148 square -foot Home Design Center, with the remaining
portion to be constructed by Deering Investment Company
under a separate OPA.
Written Communication:
Report dated June 20, 1989, from the Director of Community
Planning and Development, forwarding the Resolution
approving the OPA.
The City Manager noted that the City is also asking the
developer to use their good -faith efforts in ensuring
high-quality tenants within the center.
Public Hearing•
Notice having been given
Hausdorfer opened the Public
response, closed the hearing
any time.
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as required by law, Mayor
Hearing, and there being no
with the right to reopen at
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Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION NO. 89-6-20-5. APPROVING OWNER
PARTICIPATION AGREEMENT WITH PASEO CAPISTRANO
LIMITED PARTNERSHIP (AREA A. YU) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN OWNER
PARTICIPATION AGREEMENT WITH PASEO CAPISTRANO
LIMITED PARTNERSHIP (AREA A, YU)
The motion carried by the following vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: Norte
ABSENT: Councilmen Buchheim and Schwartze
6. JOINT PUBLIC HEARING ON THE PROPOSED OWNER PARTICIPATION
AGREEMENT FOR PROPERTY LOCATED BETWEEN THE FREEWAY AND THE
NEW PLAZA DEL OBISPO (MARSHALL'S) PROVIDING THE AGENCY
REIMBURSEMENT OF PUBLIC IMPROVEMENT COSTS (AREA A. DEERING
INVESTMENT COMPANY/JOHNSON) (400.20)
Proposal:
The Council is required by Redevelopment Law to hold a
joint public hearing to approve the offering of financial
assistance by the Agency to ensure that public
improvements are completed in a timely manner regarding
the Owner Participation Agreement (OPA) with Deering
Investment Company for the construction of an 87,148
square -foot Home Design Center, with the remaining portion
to be constructed by Paseo Capistrano Ltd. Partnership
under a separate OPA.
Written Communication:
Report dated June 20, 1989, from the Director of Community
Planning and Development, forwarding the Resolution
approving the OPA.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and there being no
response, closed the hearing with the right to reopen at
any time.
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Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION NO. 89-6-20-6. APPROVING OWNER
PARTICIPATION AGREEMENT WITH DEERING INVESTMENT
COMPANY (AREA A. JOHNSON) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN OWNER PARTICIPATION
AGREEMENT WITH DEERING INVESTMENT COMPANY
(AREA A, JOHNSON)
The motion carried by the following vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim and Schwartze
7. REVIEW OF FISCAL BUDGET FOR THE FIVE YEARS BEGINNING
JULY 1. 1989, AND ENDING JUNE 30. 1994 (CONTINUED)
(330.40)
Proposal:
The third of four public hearings to review the fiscal
budget for the five years beginning July 1, 1989, and
ending June 30, 1994.
Written Communications:
Report dated June 20, 1989,
Assistant.
Public Hearing•
Notice having been given
Hausdorfer opened the Public
response, closed the hearing
any time.
from the Senior Management
as required by law, Mayor
Hearing, and there being no
with the right to reopen at
It was the consensus of Council that an increase in the
salary for Mr. Wilson Buckner, Administrative Assistant to
the Mayor and City Council, be considered for inclusion in
the budget. Mr. Julian indicated that the recommendation
would be considered during the meet -and -confer process to
be brought before the City Council.
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138.
Continuation of Hearing:
The hearing was continued to Tuesday, June 27, 1989, at
7:00 p.m. at the San Juan Hot Springs Dance Hall.
RECESS AND RECONVENE
Council recessed at 10:50 p.m. to convene the San Juan
Capistrano Community Redevelopment Agency, and reconvened at
10:54 p.m.
CITY MANAGER
1. RESOLUTION ADOPTING ORANGE COUNTY'S 20 -YEAR MASTER PLAN OF
TRANSPORTATION IMPROVEMENTS (940.20)
Written Communication:
Report dated June 20, 1989, from the Senior Management
Assistant, reviewing the decisions of the Orange County
Transportation Commission and the League of California
Cities Super Committee, culminating in the Commission's
approval of a 20 -Year Transportation Plan. The Commission
recommends that the County of Orange place on the ballot
a half -cent local sales tax as the financing mechanism to
achieve this Plan, which must be ratified by a majority of
the cities in Orange County, with a majority of the
population within the respective communities.
Adoption of Resolution:
It was moved by Councilman Bland, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 89-6-20-7. APPROVING THE ORANGE
COUNTY TRAFFIC IMPROVEMENT AND GROWTH MANAGEMENT
PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE ORANGE COUNTY TRAFFIC IMPROVEMENT
AND GROWTH MANAGEMENT PLAN FOR THE PURPOSE OF
PLACING THE PLAN BEFORE THE VOTERS OF ORANGE
COUNTY
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6/20/89
139'
The motion carried by the following vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim and Schwartze
Mr. Julian noted that copies of the Plan will be available
for review at City Hall and the public library. Mayor
Hausdorfer explained that revenue generated from the sales
tax would be applied toward surface streets and transit in
addition to a light-rail system. He noted that Orange
County is the only county which does not have this half -
cent sales tax to generate revenue for transportation
purposes, and urged citizen involvement in the voting.
2. FUNDING AGREEMENT WITH ORANGE COUNTY TRANSIT DISTRICT FOR
EXCHANGE OF URBAN MASS TRANSIT AUTHORITY FUNDS (RAILROAD
BRIDGE ALIGNMENT) (600.50)
Written Communication:
Report dated June 20, 1989, from the Senior Management
Assistant, reviewing the background regarding the design
and construction of a railroad track and bridge relocation
project in the vicinity of San Juan Creek. It was
recommended that, due to difficulty in obtaining a $1.8
million allocation in Section 9 Funds from the Urban Mass
Transportation Administration, that the funds be exchanged
for $1,440,000 of Orange County Transit District local
funds in order to proceed with the project in a more
timely manner. Staff is working through the LOSSAN Rail
Corridor Agency to secure additional funding commitments.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Bland, and unanimously carried, that the Funding Agreement
with the Orange County Transit District for the exchange
of UNTA funds be approved. The Mayor and City Clerk were
authorized to execute the Agreement on behalf of the City.
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140
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. PROPOSED DEVELOPMENT PROJECTS (440.10)
Written Communication:
Report dated June 20, 1989, from the Director of Community
Planning and Development advising that one Intent to File
for Development Review application was received by the
City since the last report of May 16, 1989.
The report was received and filed.
DIRECTOR OF PUBLIC WORKS
1. CITY WASTEWATER TREATMENT FACILITIES UPDATE (1040.80)
Written Communication:
Report dated June 20, 1989, from the Director of Public
Works, reporting on the findings by the Capistrano Valley
Wastewater Authority indicating higher expenditures for a
joint facility. Staff recommends that City treatment
alternatives be re-evaluated and a comprehensive
comparisons report prepared to determine whether the
proposed joint facility with Capistrano Beach would be the
most beneficial and cost effective for the residents, to
be submitted in approximately 60 days.
The report was received and filed.
2. CONSULTANT ENGINEERING SERVICES FOR THE SAN JUAN CREEK
ROAD WIDENING PROJECT - LA NOVIA AVENUE TO CAMINO SANTO
DOMINGO (BOYLE ENGINEERING CORPORATION) (600.30)
Written Communication:
Report dated June 20, 1989, from the Director of Public
Works, stating that five consulting firms were interviewed
for the preparation of construction plans and
specifications for the widening of San Juan Creek Road.
It was recommended that an agreement for consulting
services with Boyle Engineering Corporation, not to exceed
$94,150, be authorized.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Bland, and unanimously carried that the Agreement for
Consulting Services with Boyle Engineering Corporation, in
the not -to -exceed amount of $94,150, for the preparation
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6/20/89
141
of construction plans and specifications for the San Juan
Creek Road Widening Project from La Novia Avenue to the
Camino Santo Domingo area, be approved. The Mayor and
City Clerk were authorized the execute the document on -
behalf of the City.
3. ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN (810.70)
Written Communication:
Report dated June 20, 1989, from the Director of Public
Works, forwarding the Solid Waste Management Plan,
summarizing changes in the Plan, and noting the City's
desire to initiate the truck tarping program as soon as
possible.
Approval of Plan:
It was moved by Councilman Bland, seconded by Councilman
Friess, and unanimously carried that the Orange County
Solid Waste Management Plan be approved.
4. LOS RIOS PARKING STUDY - CONSIDERATION OF ADDITION OF "NO
PARKING" ZONES ON PORTIONS OF LOS RIOS STREET AND A CHANGE
FROM _TWO- TO THREE-HOUR PARKING TIME LIMITS ON WEST SIDE
OF LOS RIOS STREET ADJACENT TO THE O'NEILL MUSEUM (570.30)
Written Communications:
Report dated June 20, 1989, from the Director of Public
Works, forwarding the parking study with recommendations
from the Los Rios Review Committee and the Traffic and
Transportation Commission; letter from Pamela Hallan-
Gibson, President of the San Juan Capistrano Historical
Society, dated May 9, 1989, requesting that no parking
spaces be removed from the front of the Museum.
Larry Lawrence, staff consultant, made a brief oral
presentation, reviewing the committees' and staff's
recommendations. Exhibits were on display.
Bill Hardy, 26523 Calle Lorenzo, Chairman of Los Rios
Review Committee, suggested that health and safety be
considered regarding the varying width of the asphalt
along Los Rios Street. _
Jennifer Williams, Vice President of the San Juan
Capistrano Historical Society, spoke regarding the
importance of retaining the existing parking in front of
the Museum.
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6/20/89
I U
Approval of Resolutions:
It was moved by Councilman Bland, seconded by Councilman
Friess, that the following Resolutions be adopted with the
modification to eliminate one space on the northerly
portion in front of the Museum so as to improve site
distances:
RESOLUTION NO. 89-6-20-8. ESTABLISHING "NO
PARKING" ZONES - LOS RIOS STREET - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING "NO
PARKING" ZONES ON THE EAST SIDE OF IAS RIOS
STREET FROM DEL OBISPO STREET TO THREE HUNDRED
SIXTY (360) FEET NORTH OF VERDUGO STREET; ON THE
WEST SIDE OF LOS RIOS STREET FROM FIFTY (50)
FEET SOUTH OF RIVER STREET TO RAMOS STREET; AND,
RESCINDING RESOLUTION NO. 83-10-18-3
RESOLUTION NO. 89-6-20-9. ESTABLISHING A "THREE-
HOUR PARKING" ZONE - LOS RIOS STREET - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A
"THREE-HOUR PARKING" ZONE ON THE WEST SIDE OF
LOS RIOS STREET FROM FIFTY (50) FEET SOUTH OF
RIVER STREET TO ONE HUNDRED FIFTH (150) FEET
SOUTH OF RIVER STREET; AND RESCINDING RESOLUTION
NO. 87-4-7-3
The motion carried by the following vote:
AYES: Councilmen Bland, Friess,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim and Schwartze
Staff was directed to work with the Los Rios Review
Committee in implementing the changes. Councilman Friess
suggested that residents in the District use decals to
park in front of the Montanez Adobe to park for longer
periods of time.
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6/20/89
atLl iek§K41 • r
1. AWARD OF CONTRACT - DIAL -A -VAN SERVICES (ORANGE COUNTY
CONSOLIDATED TRANSPORTATION SERVICE AGENCY) (600.30)
Written Communication:
Report dated June 20, 1989, from the Director of Community
Services, forwarding the agreement and recommending
renewal of the contract.
Approval of Contract:
It was moved by Councilman Bland, seconded by Councilman
Friess, and unanimously carried that the renewal contract
for the operation of a Dial -A -Van transportation service
for both senior and handicapped citizens be awarded to the
Orange County Consolidated Transportation Service Agency
in the amount of $4,387 for the period of July 1, 1989, to
June 30, 1990. The Mayor and City Clerk were authorized
to execute the contract on behalf of the City.
COUNCILMANIC ITEMS
COUNCIL COMMENTS
1. CASITAS DE ALIPAZ (420.40)
Councilman Friess noted receipt of a letter from residents
of Casitas de Alipaz requesting assistance with tract map
problems and problems obtaining financing. Mr. Merrell
and Mr. Scarborough were directed to work out a solution
and to respond back.
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6/20/89
i
There being no further business before the Council, the meeting
was adjourned at 11:25 p.m. to the regular adjourned meeting
date of Tuesday, June 27, 1989, at 7:00 p.m. in the San Juan Hot
Springs Dance Hall.
Respectfully submitted,
i2z4o" ,(6�
MARY ANN OVER, CITY CLERK
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