86-1216_CC_Minutes_Regular Meeting16'7
DECEMBER 16, 1986
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 Friess at 7:03 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Margaret
Ims, Christ Unity Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Phillip R. Schwartze, Councilman
ABSENT: Lawrence F. Buchheim, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City
Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; 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; Cheryl Johnson, Recording Secretary.
MINIITFC
Regular Meeting of December 2, 1986:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, that the
Minutes of the Regular Meeting of December 2, 1986, be approved as submitted. The
motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
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PRESENTATIONS AND COMMENDATIONS
Mayor Friess reported on Councilman Buchheim's condition following his recent surgery
and relayed his best wishes for the holiday season.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, that the
staff recommendations be accepted for the following items listed on the Consent
Calendar. The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated December 4, 1986, Warrant Nos. 1,468-1,615, in the total
amount of $336,183.47, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of November 30, 1986, in the total
amount of $11,064,506.95, 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 November 30, 1986, was approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (330.50)
The City Treasurer's Report of Fund Cash Balances as of October 31, 1986, in the
total amount of $492,222.24, was approved as submitted.
5. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60)
The Report dated December 16, 1986, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of November 25, 1986,
was ordered received and filed.
6. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated December 16, 1986, from the Secretary of the Equestrian
Commission, regarding actions taken at the meeting of December 8, 1986, was
ordered received and filed.
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7. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated December 16, 1986, from the Secretary of the Planning
Commission, regarding actions taken at the meetings of November 25 and
December 9, 1986, was ordered received and filed.
8. TRAINING ADVISORY GROUP FIRST YEAR REPORT (710.20)
The report dated December 16, 1986, from the City Clerk, summarizing the
activities of the Training Advisory Group during its first year and advising that 169
City and Water District participants had attended five workshops aimed at
improving employee effectiveness and productivity, was ordered received and filed.
9. DENIAL OF CLAIM (WARREN AND SHERRY HALPERIN) (170.70)
As set forth in the report dated December 16, 1986, from the City Attorney, the
claim for damages received on November 14, 1986, from Attorney Carol A. Brown
on behalf of Warren and Sherry Halperin, was denied.
PUBLIC HEARINGS
1. EXTENSION OF TENT
Proposal:
Consideration of a request for a one-year extension to December 16, 1987, for the
subdivision of approximately 14.3 acres into 11 numbered and four lettered lots for a
medical office and private recreation facility to be located on the southeast corner
of Rancho Viejo Road and Mission Hills Drive. The tentative tract map was
approved by Council on November 20, 1984.
Applicant:
Horsten Associates, c/o 27405 Puerta Real, No. 300, Mission Viejo, CA 92691.
Written Communications:
Report dated December 16, 1986, from the Director of Community Planning and
Development, recommending approval of the extension.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened the Public Hearing
and the following person responded:
(1) Richard Stenton, applicant, advised he was present to answer questions.
There being no further questions, Mayor Friess closed the Hearing with the right to
re -open at any time.
Approval of One -Year Extension of Time:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that
the following Resolution be adopted:
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UTION NO.
EXTEN
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, EXTENDING TENTATIVE TRACT
MAP 12257 FOR 12 MONTHS (HEALTHPARK ASSOCIATES)
The motion carried by the following vote:.
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE TO
Proposal:
Consideration of an amendment to the Municipal Code to allow walk-in theatres in
the Tourist Commercial District. The amendment was requested to accommodate
development plans for a 1,044 -seat, five -screen walk-in theatre and and major
renovation and construction of additional retail space at the existing Franciscan
Plaza. The property is located at the southwest corner of Camino Capistrano and
Verdugo Street; surrounding uses include commercial retail to the north, south and
east and the Santa Fe Railroad and Los Rios neighborhood to the west. The project
is located in the CT (Tourist Commercial) District.
Applicant:
Paul Farber, 26300 La Alameda, Suite 470, Mission Viejo, CA 92691.
Written Communications: 11 1
Report dated December 16, 1986, from the Director of Community Planning and
Development, advising that the Planning Commission had approved the project under
Architectural Control 86-3, with a condition that the approvals would be null and
void if Council denied the proposed amendment. The Planning Commission also
approved an exception to allow 9 -foot -wide parking spaces; a joint parking
agreement (Conditional Use Permit 86-12); and, a variance to allow a 32 -foot -high
building which exceeds the maximum height limit of 25 feet in the CT District (Zone
Variance 86-19). The off-site public improvements include the proposed closure of
Verdugo Street and the extension of the passenger loading area south of the depot,
all of which are consistent with the Los Rios Review Plan and the Downtown Master
Plan.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened the Public Hearing
and the following persons spoke in support of the project:
(1) Paul Farber, applicant;
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(2) Blair Ballard, project architect, 850 Glenneyre Street, Laguna Beach,
92651;
(3) Gil Jones, 31791 Los Rios Street;
(4) JoAnn Olsen, 33991 Calle Conejo.
The following person spoke in opposition to the project:
. (1) David Swerdlin, 26172 Via de Toledo, questioned the types of businesses,
hours of operation, and rents proposed for the center; traffic generated
by the businesses; and, the proposed reduction in parking space size.
Mr. Farber responded to the concerns and discussed the proposed types
of business uses, advising that the project was designed to offer
separate daytime and nighttime uses. Discussion further ensued
regarding the traffic analysis, the reduced parking space size, and
scheduling involved in the proposed joint use of the parking structure.
There being no further response, Mayor Friess closed the Hearing with the right to
re -open at any time.
Council Discussion:
Council stated support for the project, citing benefits to the community.
Councilman Bland cited concerns regarding commuter use of the parking structure
and was advised that a master agreement will be reviewed by the Community
Redevelopment Agency.
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
Schwartze, seconded by Councilman Hausdorfer that the following Ordinance be
introduced:
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE
TOURIST COMMERCIAL (CT) ZONING DISTRICT - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.411 OF THE
MUNICIPAL CODE ALLOWING FOR THE USE OF WALK-IN
THEATRES IN THE TOURIST COMMERCIAL (CT) ZONING
DISTRICT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
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3. TEMPORARY STREET CLOSURES FOR 10 KM RUN - SATURDAY,
MARCH 14, 1987 (HERITAGE FESTIVAL) ( 150.60
Proposal:
Consideration of street closures between the hours of 6:30 a.m., and 9:30 a.m., on
Saturday, March 14, 1987, to conduct the City's 10th Annual 10 KM Run. The course
was changed to move the start and finish area to Cook Park/La Novia in an attempt
to attract spectators and participants to the City's Community Fair at the picnic
grounds, which will immediately follow the race.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated December 16, 1986, from the Director of Community Services,
forwarding the proposed route.
Exhibits were on display and the Director of Community Services made an oral
presentation.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Approval of Route and Street Closures:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to approve the 6.2 -mile route and the closing of the following
streets between 6:30 a.m., and 9:30 a.m., on Saturday, March 14, 1987:
Calle Arroyo from Paseo Tirador to Avenida Siega;
Avenida Los Amigos from Avenida Padre to Avenida
La Paloma;
Avenida La Paloma from Avenida Los Amigos to Camino
Capistrano;
Junipero Serra Road (eastbound) from Camino Capistrano
to Rancho Viejo Road; and,
Rancho Viejo Road from Junipero Serra to Malaspina Road.
RECESS AND RECONVENE
Council recessed at 8:01 p.m., to conduct the joint public hearing of the City Council and
the Community Redevelopment Agency, and reconvened at 8:10 p.m., with all Members
present with the exception of Mr. Buchheim.
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JOINT PUBLIC HEARING - CITY COUNCIL AND COMMUNITY REDEVELOPMENT
4. PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT FOR PRICE
CLUB AND RETAIL SPACE LOCATED IN THE VICINITY OF CAMINO
Proposal:
Consideration of the proposed sale of 23.3 acres, generally bounded by Doheny Park
Road, Villa San Juan Mobile Home Park, the AT&SF Railway and the City boundary,
to the Price Company for development of a Price Club and retail facility.
Applicant:
This was a City/Agency-initiated Public Hearing.
Written Communications:
Report dated December 16, 1986, from the Director of Community Planning and
Development, forwarding for consideration a Disposition and Development
Agreement which provided for the sale of the property to The Price Company and, a
Statement of Findings and Overriding Considerations with regard to the
environmental impacts of the project. The report included:
(1) An Executive Summary of the Agreement;
(2) A Summary Pertaining to the Sale of Certain Real Property to the Price
Company, pursuant to California Community Redevelopment Law,
Section 33433, which described and specified the cost to be incurred by
the Agency under the proposed agreement, the estimated value of the
interest to be conveyed to the Developer, and the purchase price to be
paid by the developer; and,
(3) A Re -Use Analysis prepared by Keyser Marston Associates, Inc., which
estimated the re -use value of the fee simple interest of the site.
Conveyance of the property to the developer will take place upon City Council
approval of the project; construction must be completed within 12 months of
issuance of building permits.
Nancy Erickson, Community Development Administrator, made an oral report, and
discussed the proposed financing of the project.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Findings Regarding Environmental Impact of Proposed Price Club:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that
the following Resolution be adopted:
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COUNi;ll ;t THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, MAKING CERTAIN FINDINGS REGARDING THE
ENVIRONMENTAL IMPACT OF THE PROPOSED PRICE CLUB
AND RETAIL SPACE DEVELOPMENT TO BE DEVELOPED
PURSUANT TO A DISPOSITION AND DEVELOPMENT
AGREEMENT AND ADOPTING A STATEMENT OF FINDINGS
AND OVERRIDING CONSIDERATIONS THEREFOR
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
Approval of Disposition and Development Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that
the following Resolution be adopted:
RESOLUTION NO. 86-12-16-3. APPROVING SALE OF
CL\VC LI\11LJ l\lY✓ ✓LY LL Vl LY.L4\L 11V1\LLIY.LI\1 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE SALE OF
CERTAIN PROPERTIES WITHIN THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA TO THE PRICE
COMPANY; APPROVING THE DISPOSITION AND
DEVELOPMENT AGREEMENT PERTAINING THERETO
The motion carried by the following vote:
AYES: Councilman Schwartze, Bland, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilman ^ uchheim
RECESS AND RECONVENE
The meeting recessed at 8:10 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 8:19 p.m.
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ADMINISTRATIVE ITEMS
CITY ATTORNEY
2.
CANCELLATION OF THE WILLIAMSON ACT -
Written Communications:
Report dated December 16, 1986, from the City Attorney, advising that a letter
dated November 24, 1986, had been received from Bill Griffith, Rivendell
Management Company, 2900-B Bristol, Suite 202, Costa Mesa, 92626, requesting
that cancellation of the Williamson Act contract on the Lacouague property be
completed.
Approval of Williamson Act Contract Cancellation:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that
the following Resolution be adopted:
RESOLUTION NO.
CANCELLATION OF
IACi1F. PRr)PFRTVI - A
JUAN CAPISTRANO, CALIFORNIA, APPROVING
CANCELLATION OF WILLIAMSON ACT CONTRACT
(LACOUAGUE PROPERTY)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
The Mayor and City Clerk were authorized to execute the Certificate of
Cancellation for forwarding to the Orange County Recorder.
Written Communications:
Report dated December 16, 1986, from the City Attorney, recommending that clear
legal authority be provided to cite persons who park vehicles on private property
without the owner's consent and to make unlawful the parking of vehicles for sale on
private property without the owner's consent.
Approval of Amendment:
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
Schwartze, seconded by Councilman Hausdorfer that the following Ordinance be
introduced:
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AMENDMENT TO TITLE 5 OF THE MUNICIPAL CODE -
PARKING ON PRIVATE PROPERTY - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING
CHAPTER 19, ENTITLED "PARKING ON PRIVATE PROPERTY"
TO TITLE 5 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
EXTENSION OF PASEO ADELANTO (600.30)
The City Manager advised that in January, 1987, the Board of Supervisors would
consider the City's request for an easement to permit a private road extension of
Paseo Adelanto which would re -orient Solag Disposal truck traffic off Los Rios
Street and allow access to Del Obispo Street.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
REIMBURSEMENT AGR
Written Communications:
Report dated December 16, 1986, from the Director of Community Planning and
Development, advising that Chrysler Realty Corporation had requested additional
time to review the reimbursement agreement for improvements of Camino
Capistrano.
Continuation of Item:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to continue the item to the meeting of January 20, 1987.
ORDINANCES
Written Communications:
Report dated December 16, 1986, from the City Clerk, advising that the Ordinance
was introduced at the meeting of December 4, 1986, and was scheduled for adoption.
Adoption 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
Schwartze, seconded by Councilman Bland that the following Ordinance be adopted:
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ORDINANCE NO. 588. AMENDMENT TO TITLE 4 OF THE
CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON
LOS RIOS STREET BY AMENDING SECTION 4-6.501, ARTICLE
5, TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
COUNCII.MANIC ITEMS
1. INFORMAL PRESENTATION -
Written Communications:
Letter dated December 8, 1986, from Douglas B. Nash, President, San Juan
Capistrano Research Institute, 32906 Avenida Descanso, San Juan Capistrano,
forwarding a summary of corporate goals, present status, and plan for implementing
the new institute, which will be a center for global earth and planetary studies. The
Institute will conduct studies of the earth as a global system and conduct scientific
studies of other planets as indicators of past and future earth conditions, and as
future habitats and resources for mankind.
Mr. Nash made an oral presentation, advising that the Institute, a non-profit, public
benefit corporation, now formally existed as an institution and represented the
culmination of his dream and a number of years of effort to bring to San Juan
Capistrano a first-rate science research center. He discussed the overall objectives,
the short- and long-term goals, the funding sources, and the benefits derived by the
community. He stated that currently the principle need was for buildings and seed
money and requested the City's aid and endorsement for achieving the goals.
Endorsement of San Juan Capistrano Research Institute:
It was moved by Councilman Schwartze, seconded by Councilman Bland that the
following Resolution be adopted:
CAPISTRANO RESEARCH INSTITUT
THE CITY COUNCIL OF THE
CAPISTRANO, CALIFORNIA,
ESTABLISHMENT OF THE SAN
RESEARCH INSTITUTE
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TY OF SAN JUAN
ENDORSING THE
JUAN CAPISTRANO
12/16/86
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor Friess
NOES: None
ABSTAIN: Councilman Hausdorfer
ABSENT: Councilman Buchheim
Councilman Hausdorfer advised he had abstained from voting on the item due to his
position as a member of the Board of Trustees of the Institute.
2. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMISSION (470.20)
Written Communications:
Report dated December 16, 1986, from the Senior Administrative Assistant,
forwarding the names of three individuals who had submitted applications for
appointment to the Economic Development, Commission.,
Appointment to the Commission:
Councilman Hausdorfer nominated Jack McDowell and George Holditch. There
being no further nominations, nominations were closed and it was moved by
Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried
to appoint Jack McDowell and George Holditch to the Economic Development
Commission. Councilman Hausdorfer advised that there were still two vacancies
and requested assistance from the Press to make citizens aware of the vacancies.
COUNCIL REMARKS
TRAFFIC AT ST. MARGARET'S CHURCH SCHOOL (570.30)
Councilman Hausdorfer noted receipt of a letter from St. Margaret's Church
requesting assistance in solving traffic problems during the brief period before
school and after school. Council concurred with his suggestion for an administrative
solution for loading and unloading children along Calle Arroyo. Council is to be kept
aware of the status of the problem.
2. COMMENDATIONS -PUBLIC WORKS (610.40)
Mayor Friess relayed the gratitude expressed by a resident for weekend assistance
received from the Director of Public Works, John Jones, and Ron Johnson, landscape
contractor, when a eucalyptus tree fell and damaged the roof of their home.
3. ADVERTISING BALLOONS (460.40)
Mayor Friess noted that a letter was to be prepared to the County regarding the
illegal use of advertising balloons in the areas just north of the City limits.
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CLOSED SESSION
Council recessed to a Closed Session at 8:40 p.m., for discussion of legal matters, the
City Clerk being excused therefrom, and reconvened at 9:40 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:40
p.m., to the next regular meeting date of Tuesday, January 6, 1987, at 7:00 p.m., in the
City Council Chamber.
ATTEST:
KENNETH E. FR SS, MAYOR
Respectfully submitted,
MARY ANN 7OVER, CITY CLERK
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