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83-0705_CC_Minutes_Regular Meeting219 JULY 5, 1983 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 Bland at 7:03 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Gale Smedley, Capistrano Church of the Nazarene. ROLL CALL PRESENT: Anthony L. Bland, Mayor Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: Gary L. Hausdorfer, Mayor pro tem STAFF PRESENT: Stephen B. Julian, 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; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson, Recording Secretary. MINUTES Adjourned Regular Meeting of June 14, 1983: It was moved by Councilman Buchheim, seconded by Councilman Friess that the Minutes of the Adjourned Regular Meeting of June 14, 1983, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer Regular Meeting of June 21, 1983: It was moved by Councilman Buchheim, seconded by Councilman Friess that the Minutes of the Regular Meeting of June 21, 1983, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer -1- 7/5/83 r 220 MOTION TO READ BY TITLE ONLY It was moved by Councilman Friess, seconded by Councilman Buchheim that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: ORAL COMMUNICATIONS Councilman Hausdorfer 1. PLANNING COMMISSION (67) Robert Davies, 29391 Edgewood Road, stated that the current members of the Planning Commission exhibited professionalism and dedication in carrying out their duties and recommended that they be reappointed to serve another term. WRITTEN COMMUNICATIONS 1. HEALTH HAZARDS ASSOCIATED WITH STABLES (72) Council received copies of a letter dated June 15, 1983, from Dr. Roy Byrnes, P. O. Box 1029, suggesting that Orange County Health Department guidelines be followed when making decisions regarding possible health hazards associated with stables. The letter was written in response to the June 9th complaint received by Council regarding equestrian facilities along Avenida de la Vista. Mayor Bland advised that staff has been working with the owner of Sycamore Trails who has stated his cooperation to mitigate problems; further, that Council did not take statements made on the matter to be factual in terms of health or other hazards. Mayor Bland directed that the letter be received and filed. CONSENT CALENDAR It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer -2- 7/5/83 221 1. APPROVAL OF WARRANTS (41) The List of Demands dated July 5, 1983, Warrant Register No. 83-011, in the total amount of $1,249,490.03, was approved as submitted. 2. OF EQUESTRIAN COMMISSION ACTIONS OF (23) The Report dated July 5, 1983, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of June 20, 1983, was ordered received and filed. 3. OF PARKS AND IN COMMISSION MEETING (62) The Report dated July 5, 1983, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of June 20, 1983, was ordered received and filed. 4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS (23) The Report dated July 5, 1983, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of June 8 and 22, 1983, was ordered received and filed. 5. APPROVAL OF MODIFIED SUBDIVISION AGREEMENT TRACT 10564 (WILLCOX) (38-#313) (38) As set forth in the report dated July 5, 1983, from the (85) Director of Public Works, the new subdivision agreement between Capistrano Industrial Park, Ltd., and the City for construction of various public improvements associated with Tract 10564, was approved and the Mayor and City Clerk authorized to execute the agreement on behalf of the City. The City Clerk was directed to forward the agreement to the Orange County Recorder. 6. APPROVAL OF CHANGE ORDER NO. 1 - TRAFFIC SIGNAL (SIGNAL MAINTENANCE) (C82) (82) As set forth in the report dated July 5, 1983, from the Director of Public Works, Change Order No. 1, in the amount of $6,450, for installation of a new conduit run across the southerly approach to the Camino Capistrano/Del Obispo intersection in conjunction with the traffic signal modifications, was approved from Account No. 06-4740-545. -3- 7/5/83 r 222 ORDINANCES 1. ADOPTION OF ORDINANCE NO. 487 - MEMBERSHIP OF THE ARCHITECTURAL BOARD OF REVIEW AND CULTURAL HERITAGE COMMISSION (23) Written Communications: (55) Report dated July 5, 1983, from the City Clerk, advising that the Ordinance was introduced at the City Council meeting of June 21, 1983, 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 Buchheim that the following Ordinance be adopted: 4 TO TITLE 2 MAER4AMR-MMMININironlY4CI:10�41MWWWW.lgG1GFIRZ.-2IM4Q ]A'M ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2, ARTICLE 2, SECTIONS 2-2.202 (MEMBERSHIP OF THE ARCHITECTURAL BOARD OF REVIEW) AND 2-2.302 (MEMBERSHIP OF THE CULTURAL HERITAGE COMMISSION) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer RESOLUTIONS 1. APPROVAL OF DEVELOPMENT FEES AND SURETY SCHEDULES (85) Written Communications: Report dated July 5, 1983, from the City Manager, forwarding a proposed fee schedule which provides for an estimated 95-100% cost recovery of direct and indirect engineering and planning services costs. The fees were developed in accordance with the Management Services Institute guidelines to insure that General Fund tax monies will not subsidize development -related services. The City Manager made an oral presentation, advising that the Building Industry Association had been notified of the proposed fees and to date no comments had been received. -4- 7/5/83 223 Councilman Schwartze forwarded a request of the Building Industry Association to continue the item to allow time for a response. Adoption of Fees: Following discussion, it was moved by Councilman Buchheim, seconded by Mayor Bland that the following Resolution be adopted: RESOLUTION NO. 83-7-5-1, DEVELOPMENT FEES AND 5UtET1 SI:HHUULaJ - H 1( DUUI LY W1 iLL,:. .'- COUNCIL -COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING DEVELOPMENT FEES AND SURETY SCHEDULES FOR THE PROCESSING OF DEVELOPMENT PLANS, DIVISIONS OF LAND, ADMINISTRATIVE MATTERS, AND CONSTRUCTION INSPECTION AND RESCINDING RESOLUTION NO. 80-7-16-6 The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer The City Manager advised that pursuant to their request transmitted through Councilman Schwartze, the Building Industry Association would be contacted and a report prepared for Council consideration if necessary. 2. APPROVAL OF AUTHORIZED SIGNATURES ON CITY SAFE DEPOSIT BOX (41) Written Communications: Report dated July 5, 1983, from the City Treasurer, forwarding a resolution adding Robert G. Boone, recently -appointed Director of Administrative Services, to the list of City officials having access to the City safe deposit box. Approval of Signatures: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 83-7 SAFE DEPOSIT BOX - AUTHURIZINU bIUNATUtCLJ - A nz0viulivn yr inn COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A SAFE DEPOSIT BOX WITH THE SAN JUAN CAPISTRANO BRANCH OF CALIFORNIA FIRST BANK, AND AUTHORIZING SIGNATURES THEREFOR, AND REPEALING RESOLUTION NO. 83-1-18-1 -5- 7/5/83 224 The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer The Resolution authorizes the following signatures: Stephen B. Julian, City Manager; or Robert G. Boone, Director of Administrative Services; or John C. Gibson, City Treasurer; or Mary Ann Hanover, City Clerk/Deputy City Treasurer BIDS, CONTRACTS, AGREEMENTS 1. AWARD OF CONTRACT FOR SANITARY SEWERLINE MAINTENANCE (POWA-ROOTER) (38-#433) (38) Written Communications: (80) Report dated July 5, 1983, from the Director of Public Works, forwarding results of the bid opening held on June 27th for the maintenance of City sewerlines. Award of Contract: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to determine the bids to be complete and to award the contract for City sewerline maintenance to the low responsible bidder, Powa-Rooter, of Santa Ana, in the amount of $0.0849 per square foot. The Mayor and City Clerk were authorized to execute the document on behalf of the City. 2. APPROVAL OF MODIFIED AGREEMENT FOR ADDITIONAL WORK GLENDALE FEDERAL SURVEY (WILLDAN ASSOCIATES) (38-#420) (38) Written Communications: (85) Report dated July 5, 1983, from the Director of Public Works, forwarding a letter agreement for installation of approximately 130 metal fluorescent post monuments in conjunction with the Glendale Federal Boundary Survey. The report advises that the work will require an additional _ expenditure of $3,600 from Account No. 06-4706-547. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the modification to the agreement with Willdan Associates for the Glendale Federal Savings and Loan Association Boundary Survey, and to authorize the Mayor and City Clerk to execute the modification letter on behalf of the City. -6- 7/5/83 225 ADMINISTRATIVE ITEMS DIRECTOR OF ADMINISTRATIVE SERVICES 1. CABLE TV - RULES AND REGULATIONS GOVERNING ADDITIONS TO DESIGNATED SERVICE AREAS (43) Written Communications: Report dated July 5, 1983, from the Director of Administrative Services, forwarding Rules and Regulations establishing criteria, based on State regulations, for Council selection of a Cable TV company to serve designated areas of the City on the basis of quality of service, rates, experience and financial responsibility. With the concurrence of Council, Mayor Bland directed that the matter be continued to the meeting of July 19, 1983. 2. SERVICE AREA REQUESTS (STORER CABLE TV AND TIMES MIRROR (43) Written Communications: Report dated July 5, 1983, from the Director of Administrative Services, forwarding requests from Storer Cable TV and Times Mirror Cablevision to serve areas in the City. With the concurrence of Council, Mayor Bland directed that the matter be continued to the meeting of July 19, 1983. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. CONTINUATION OF APPEAL OF PLANNING COMMISSION ACTION - (67) Proposal: (85) Appeal of the Planning Commission denial of a proposed grading/residential concept plan which includes a 12,000 -square -foot residence in a combination two -and three-story configuration, four -car garage, motor -court, swimming pool and spa. The concept would require approximately 1,025 cubic yards of cut for the rumpus room and pool/spa area. Appellant: George Sehremelis, 8407 Washington Boulevard, Pico Rivera, 90660. Written Communications: (1) Report dated July 5, 1983, from the Director of Community Planning and Development, forwarding background information and the Environmental Review Board and Planning Commission recommendations of denial. -7- 7/5/83 226 (2) Letter dated June 30, 1983, from Scott Sheridan, The Hunt Club, P. O. Box 1198, San Juan Capistrano, stating that the proposed residence is consistent with the guidelines established by the City and The Hunt Club Architectural Committee. The letter also states that the "Development Constraint Matrix" used by the Planning Commission is not the correct matrix adopted with the final plans of The Hunt Club. Staff Presentation/Public Input: Exhibits were on display and Tom Tomlinson, Senior Planner, made an oral report, noting that the Planning Commission had denied the plan because in order to accommodate the rumpus room and pool area grading would be required in the natural slope area. Mr. Tomlinson reviewed alternative solutions to accommodate the proposed residence and discussed application of the development matrix. In response to Councilman Buchheim, he advised that a precedent would be set if the appeal were upheld. Walter Wood, Chairman of the Hunt Club Architectural Committee, reviewed the footage and configuration of the lot. He stated that the matrix used by the City was not the one approved with the final tract map and requested that the matter be clarified. Stan Schroepfer, architect, 32432 Alipaz Street, Suite 1, stated that the proposed residence was within the building height and was an acceptable solution; that the staff solution would have a greater impact. Motion to Approve/Council Discussion: Councilman Buchheim moved to uphold the appeal. The motion died for lack of a second. Councilman Friess stated that the entire concept of The Hunt Club has changed from the time of tract approval; that he would support reconsideration of the matrix in order to clarify the issues. Councilman Schwartze and Mayor Bland agreed that a restructuring or reapplication of the matrix was necessary, stating concerns with matrix differences. Continuation of Appeal: It was moved by Councilman Friess, seconded by Mayor Bland to continue the appeal to the meeting of August 2, 1983, and to direct staff to work with The Hunt Club to determine matrix differences and return with a unified approach. APPROVAL OF APPEAL OF PLANNING COMMISSION DECISION - MODIFIED GRADING PLAN, LOT 4, TRACT 9030 (ZIEBARTH/CAPD RANCHES) (67) Proposal: (85) Appeal of the Planning Commission denial of a modification -8- 7/5/83 227 to an approved grading plan for a 21,000 -square -foot residence. The modified plan increased cut and fill to 24,350 cubic yards and export to 16,933 cubic yards; Commission denial was based on the significant increase in grading and exporting of dirt and approval of a grading plan with the knowledge that additional modifications to the site plan would be forthcoming for a tennis court, helipad, lake and barn. Appellant: Gary and Pam Ziebarth, 21846 Huron, E1 Toro, 92630. Written Communications: (1) Report dated July 5, 1983, from the Director of Community Planning and Development, forwarding background information and the Planning Commission recommendation of denial. The report includes a staff recommendation of approval subject to conditions. (2) Letter dated June 30, 1983, from Dr. Roy Byrnes, P. O. Box 1029, stating concerns regarding the conceptual plan; geological instability; and, traffic burdens due to dirt hauling. (3) Memorandum dated July 5, 1983, from the Director of Community Planning and Development advising that the Fire Department would accept either a lowering of the grade of the driveway to a maximum 15% or provision of a 13D home sprinkler system for the residence in order to provide adequate fire protection. Staff Presentation/Public Input: The Director of Community Planning and Development summarized previous actions with regard to the lot. Gary Ziebarth, appellant, and Brion Jeannette, architect, 470 Old Newport Boulevard, Newport Beach 92663, were present to address Council. With the aid of exhibits and a hand written synopsis dated July 5, 1983, Mr. Jeannette advised that the grading plans had been modified since the Planning Commission action to reduce the amount of export. He discussed requirements for fire protection and geologic stability and, grading and export amounts required by the new plan. He reviewed the amenities, to be considered separately, which would not include the heliport, but would include the pond and tennis court. He recommended that the grading plan be approved with the driveway remaining at 18 feet wide and deletion of the requirement regarding the retaining wall, since it was made superfluous by the new plan. He further advised that Rancho Mission Viejo would accept the export material and a haul route would be discussed. -9- 7/5/83 2 2 Approval of Appeal: Following discussion, it was moved by Councilman Schwartze, seconded by Councilman Buchheim and carried with Mayor Bland abstaining, to approve the modifications to the grading plan subject to the following conditions: (1) The driveway shall be 18 feet in width; (2) A surety or bond shall be posted in an amount satisfactory to the City Engineer for potential road repairs as a result of construction activities; (3) A haul route shall be prepared by the applicant and approved by the City Engineer prior to the issuance of a grading permit; (4) Grading shall not exceed 5740 cubic yards of export material exclusive of any amenities. DIRECTOR OF PUBLIC WORKS 1. REVIEW OF MASTER PLAN OF SEWER FACILITIES (80) Written Communications: Report dated July 5, 1983, from the Director of Public Works, advising that a master plan reviewing City sewerage facilities and ultimate treatment and disposal has been prepared and is scheduled for Planning Commission review on July 26 and City Council review on August 16. With the concurrence of Council, Mayor Bland directed that the report be received and filed. 2. PRELIMINARY REPORT ON LANDSCAPE MAINTENANCE (74) Written Communications: Report dated July 5, 1983, from the Director of Public Works, advising that assessments for landscape maintenance districts are being reviewed prior to the public hearing scheduled for August 2. The report advises that assessment charges must be forwarded to the County Assessor prior to August 9. The Director of Public Works presented and discussed a preliminary cost report and advised that a workshop to discuss the costs with the public was scheduled for July 21. With the concurrence of Council, Mayor Bland directed that the report be received and filed. -10- 7/5/83 COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF JUNE 28, 1983 (67) The Report of Actions taken by the Planning Commission at their meeting of June 28, 1983, was ordered received and filed. COUNCIL ACTIONS 1. APPOINTMENT OF DELEGATE TO ADVISORY COMMITTEE OF THE ORANGE COUNTY HOUSING COMMISSION (O'CONNELL) (56) Written Communications: Report dated July 5, 1983, from the Senior Administrative Assistant, advising that Mrs. O'Connell expressed a willingness to be reappointed; that the alternate position is vacant and no applications are on file. Reappointment of Carol O'Connell: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to reappoint Mrs. Carol O'Connell to the Advisory Committee of the Orange County Housing Commission for a 2 -year term. Staff was directed to solicit applications for the vacant Alternate Delegate position. RECESS AND RECONVENE Council recessed at 9:01 p.m., and reconvened at 9:26 p.m. for the joint public hearing of the City Council and Redevelopment Agency. The City Clerk/Agency Secretary called the roll, noting all Members present with the exception of Mr. Hausdorfer. PUBLIC HEARINGS 1. REDEVELOPMENT PLAN ADOPTION - JOINT PUBLIC HEARING (68) Proposal: Adoption of a Redevelopment Plan which would be the mechanism to revitalize the commercial and residential heart of the community. The Plan activities, including upgrading and construction of public improvements; revitalization of private property; replanning, redesign and development of undeveloped areas; assemblage of land into parcels suitable for modern integrated development with improved pedestrian and vehicular circulation; and, elimination of environmental deficiencies, would occur only when sufficient financial resources are available and the actions have been discussed with affected property owners. The project is intended to be phased over a 35 -year period, with a limited scope of direct activity at any given time. -11- 7/5/83 230 Applicant: City of San Juan Capistrano/San Juan Capistrano Community Redevelopment Agency. Written Communications: (1) Report dated July 5, 1983, from the Director of _ Community Planning and Development/Deputy Director of the Community Redevelopment Agency, forwarding the Planning Commission recommendation of approval and: (a) Proposed Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project, dated May, 1983 (b) Report to the City Council on the San Juan Capistrano Central Redevelopment Project, dated June, 1983, including; Exhibit A - Land Use/Parking Survey, Block 1, dated February 9, 1983; Exhibit B - Building Survey Identification Code; Exhibit C - Evaluation of Retail Trade in San Juan Capistrano; Exhibit D - Market Feasibility; Exhibit E - Fiscal Impact Analysis of the Proposed San Juan Capistrano Redevelopment Project on the County of Orange, dated April, 1983; Exhibit F - Community Redevelopment Project, City of San Juan Capistrano, photos of blight; and, Report and findings before the Fiscal Review Committee of the San Juan Capistrano Central Redevelopment Project Plan (c) Draft Environmental Impact Report, San Juan Capistrano Central Redevelopment Project, dated ^ April, 1983 (2) Capistrano Unified School District Growth Profile (3) Review of the County of Orange Fiscal Review Committee Report on the San Juan Capistrano Central Redevelopment Project Plan (Prepared as Required by the Health and Safety Code Section 333.52[k]), dated July 5, 1983, from Williams-Kuebelbeck and Associates, Inc. -12- 7/5/83 (4) Review of the "Fiscal Impact Report of the San Juan Capistrano Central Redevelopment.Project Upon the Capistrano Unified School District", Prepared for the Capistrano Unified School District (CUSD) by Katz, Hollis, Coren and Associates, Inc., dated July 5, 1983, from Williams-Kuebelbeck and Associates, Inc. (5) Response to Comments (6) Letter dated July 5, 1983, from William F. Dawson, Assistant Superintendent, Capistrano Unified School District, requesting consideration of the Community Redevelopment Plan be postponed until such time as amendments to the Plan can be prepared which will alleviate or eliminate any detrimental fiscal effects to the Capistrano Unified School District (7) Capistrano Unified School District Resolution No. 83-67 electing to receive allocation of taxes under the Community Redevelopment Law (8) Letter dated July 5, 1983, from Edgar and Patricia Gilchrist, 218 Via Ithaca, Newport Beach 92663, requesting their property located at 31401 Camino Capistrano be exempted from acquisition by eminent domain under the Plan. Public Hearing: Notice having been given as required by law, Mayor Bland opened the joint public hearing of the City Council and the Community Redevelopment Agency to consider the Proposed Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project and the Draft Environmental Impact Report prepared for the Project pursuant to the Community Redevelopment Law of the State of California and the California Environmental Quality Act. The Mayor advised that this was the time to comment on or object to the Proposed Redevelopment Plan and to present comments concerning the Draft Environmental Impact Report; further, that any questions with regard to the Plan would be allowed. Agency Presentation: Mayor Bland asked staff of the Redevelopment Agency to begin the presentation. Mr. Julian, Executive Director, noted the order of presentations to be made; cited the documents included for consideration; and, stated the belief that the Plan conforms to law. Plan Overview: Mr. Merrell, Deputy Director, stated that the Plan addresses obstacles and problems encountered in implementing the General Plan and specific plans of the City; such as, -13- 7/5/83 232 underutilization of land, flood protection, obsolete infrastructures, parking and circulation improvements; that the community redevelopment law defines those problems as blight and the purpose of the Plan is to cure blight by providing additional ways of dealing with the problems faced in implementing the General Plan. He advised that the Redevelopment Plan must be consistent with the General Plan and therefore, agricultural preserve areas were not included since those areas are not to be developed. He addressed the problem of flood control in Oso Creek advising that timing of the projects will be the function of the Community Redevelopment Agency Capital Improvements budget; that the total cost of the projects exceeds the financial resources of the Agency. Mr. Merrell introduced Mark Hall, principle and co-founder of Archiplan with a Masters Degree from Harvard in City Planning/Urban Design; and Lori Campana, senior economist with the firm of Williams-Kuebelbeck and Associates who during her four years with the firm has handled major redevelopment projects in Los Angeles County. Plan Background/Blight: The following exhibits were on display: (1) Potential Private Development Programs (2) Required Public Capital Improvements (3) Fiscal Committee Graph (4) Flood Plain Map (5) Photos of Blight Conditions (6) Map of Project Boundary (7) Downtown Master Plan drawing (8) Los Rios Precise Plan Land Use Map (9) Official Zoning Map (10) Ultimate Development Plan (11) General Plan Map Mark Hall, of Archiplan, reviewed the background of the Plan, noting criteria to determine the project boundary; previously defined problem areas; and, exclusion of major parcels which may develop without the assistance of the Redevelopment Agency and, residential areas, with the exception of the Los Rios Area. Brent Hawkins, of Weiser, Kane, Ballmer and Berkman, defined blight pursuant to the Health and Safety Code, stating that it cannot be alleviated by private enterprise acting alone and must pervade the area. Mr. Hawkins discussed tax increment financing and eminent domain proceedings as ways the City may deal with the problem of blight through adoption of a Redevelopment Plan. -14- 7/5/83 23 Mark Hall noted that in the Project Area blight may be found within the categories of physical, social and economic conditions required by the California Community Redevelopment Law before an area is eligible for redevelopment. He cited specific examples which qualify the Area for redevelopment and discussed required public capital improvements and potential private development programs. Environmental Impact Report/Response to Comments: Cecil Sterling, of Ultrasystems, advised that responses to comments had been prepared and recommended that the original letters of comments and responses to those comments be incorporated into the final Environmental Impact Report when certified as adequate. Mr. Sterling summarized comments made by various agencies on the draft Environmental Impact Report. He advised that the Capistrano Unified School District had submitted comments after close of the period for receipt of comments; however, pursuant to staff direction, responses were prepared. Fiscal Impacts: The Executive Director advised that meetings have been held with various taxing entities to discuss fiscal impacts. Lori Campana, of Williams-Kuebelbeck and Associates, Inc., summarized the Review of the County of Orange Fiscal Review Committee Report and the Review of the Fiscal Impact Report on the School District. She advised that the projected deficit to the County General Fund; Fire District; Harbors, Beaches and Parks; Flood Control District; Library District; and, Augmentation Fund, was $3.9 million over the 35 -year period, or approximately 48 of the potential project -generated property tax revenue increment. She advised that no financial burden or detriment for the Capistrano Unified School District was identified as a result of the Plan and cited sources of District funding. Qualifications of Consultants: Tom Clark, Legal Counsel, pointed out that the written qualifications of Mr. Hall and Miss Campana are on file. Possible Exclusion of Property: The Executive Director advised that information had been received from Mr. Gus Owen that might cause his property to be excluded from the Plan. The Deputy Director pointed out the location of several properties in the vicinity of Mr. Owen that may not benefit and the Executive Director recommended that staff be directed to present means of resolving the problem at the next regular meeting. Public Testimony: Mayor Bland advised that the public portion of the Hearing was the time for all objections, comments and questions. The following persons responded: -15- 7/5/83 234 (1) Harrison Negley, 31531 Camino Capistrano, cited his desire to create an early Spanish Colonial plaza and hotel and felt that the Redevelopment Plan would be the means of achieving that desire. He advised that Natalie Mitchell also wished to convey her support of the Plan. _ (2) Donald Sutherland, 32272 and 32282 Camino Capistrano, stated concerns with tax increment financing and the need for more public input. (3) Robert Reed, 31484 Calle La Purisima, stated that the process was moving too fast and expressed concerns that the individuality of San Juan Capistrano might be lost. (4) Edgar Gilchrist, 218 Via Ithaca, Newport Beach, stated that his property at 31401 Camino Capistrano was not blighted; felt that public and private development in the area was without blight; noted improvements made to his property; and, requested that his property be exempted from condemnation. (5) Ron Orr, 26822 Ortega Highway, cited concerns at the loss of property and businesses. (6) Marilyn Williams, 29931 Camino Capistrano, stated concerns with some projected priorities of the Community Redevelopment Agency budget, particularly with regard to flood control. She urged that priorities be rearranged to protect the downtown area from flooding. (7) Norma Foley, 26824 Ortega Highway, stated concern regarding businesses in the old buildings across from the Mission and questioned actions, timing and costs involved. (8) Jack Matlock, representing the Capistrano Unified School District, requested that all letters be on record and that all documents, reports, etc., on behalf of the District, including his comments be incorporated in the review process. He requested receipt of any transcripts that might be done of the meeting. He advised that the District felt it could support the Plan through a cooperative partnership and stated a willingness to continue meeting with staff. He cited concerns with the adequacy of the Report and the Environmental Impact Report and the conclusion drawn by Council; and, discussed fiscal impacts. (9) Dave Swerdlin, 26172 Via Toledo, Owner of the Mission Photography at 31762 Camino Capistrano, felt the planning and flood control and traffic was excellent -16- 7/5/83 but the small businessman was not given a chance to discuss his needs. He discussed signage problems and the loss of on -street parking and suggested that meetings be held with small business owners to discuss problems. (10) Al Grafsky, representing Saddleback Community College District, stated that they have no means to mitigate capital facilities outlay and cannot be burdened for additional facilities. He noted that meetings have been held with staff and requested a delay of the issue until resolution of concerns can be reached. There being no further response, Mayor Bland closed the Public Hearing. RECESS AND RECONVENE The Council/Board of Directors recessed at 11:09 p.m., and reconvened at 11:29 p.m. Response to Comments: The Executive Director responded to public comments. (1) Mr. Sutherland's concerns regarding tax increment financing and the effect on the Proposition 13 limits - Taxes are mandated by the State Constitution so there is no increase. The tax formula will be the same; the only difference being which agency receives the proceeds. (2) Mr. Reed's concerns regarding short notice and pace - The City has been contemplating many of the plans for a number of years. This is the beginning of the process which creates a tool for certain activities and all activities will be subject to public review and hearings. (3) Mr. Gilchrist's concerns regarding blight and property exemption - Not all properties have conditions of blight but are included due to their importance in problem -solving. There is a provision in the Plan to permit exemption of property and Mr. Julian offered to meet with Mr. Gilchrist. (4) Mrs. Foley's and Mr. Orr's concerns regarding the issue of small businesses - The E1 Peon building is designated for preservation so there will be no relocation of businesses. If rehabilitation of the building is undertaken, the property owner and tenants will be involved. -17- 7/5/83 r 236 (5) Mrs. Williams' concerns regarding flood control - Mr. Julian suggested that her comments be taken under consideration during the Community Redevelopment Agency budget adoption process. The flood control projects were placed based on revenue availability. (6) Mr. Matlock's concerns regarding impacts on the _ Capistrano Unified School District - Mr. Julian respectfully disagreed with some of the comments made, recognizing that all entities are having funding difficulties. Staff will meet with the District regarding specific difficulties from specific redevelopment activities. (7) Mr. Grafsky's concerns regarding impacts on the Saddleback Community College District - Mr. Julian took issue that the Plan will have an adverse financial impact on the College District. Staff will meet with the District to discuss their concerns. (8) Mr. Swerdlin's concerns regarding the small businessman - Mr. Julian expressed appreciation for the comments on the flood and traffic control; advised that input from the small businessman is needed and offered to meet with Mr. Swerdlin, noting that any specific activity will require input from affected persons. Council/Board Discussion: Councilman Friess stated the importance of Agency funding through tax increment from new property or improvements that come into existence and discussion ensued regarding tax increment financing. Councilman Buchheim stated that redevelopment is a mechanism by which the history of San Juan Capistrano can be maintained, nurtured and perpetuated, as well as a tool to alleviate flooding potential and traffic problems. Councilman Friess noted that there will be many opportunities for public input. Mayor Bland stated that the Redevelopment Plan is a tool to implement the General Plan; that the goals and directions of the General Plan may be realized to a greater extent. Certification of Draft Environmental Impact Report: Councilman Buchheim advised he would abstain from voting due to a possible conflict of interest. It was moved by Councilman Friess, seconded by Councilman Schwartze that the following Resolution be adopted, including comments placed into the record at the meeting: 0M lmeAt.wT RZ.Vu HT - H A bULUTlUN Ul TnZ UlTZ UUU1VUlL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE ENVIRONMENTAL IMPACTS OF THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AND CERTIFYING THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT 7/5/83 206 The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, and Mayor Bland NOES: None ABSTAIN: Councilman Buchheim ABSENT: Councilman Hausdorfer Adoption of Redevelopment Plan: The City Manager 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 and seconded by Councilman Friess that the following Ordinance be introduced: ORDINANCE NO. 488 - ADOPTION OF REDEVELOPMENT PLAN - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT The motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: ADJOURNMENT Councilmen Friess, Schwartze, and Mayor Bland None Councilman Buchheim Councilman Hausdorfer There being no further business before the Council, the meeting was adjourned at 12:05 p.m., Wednesday, July 6, 1983, to the next meeting date of July 12, 1983, at 7:00 p.m., in the San Juan Hot Springs Dance Hall. ATTEST: ANTHONY L. LAND, MAYOR Respectfully submitted, MARY ANN,- ANOVER, CITY CLERK -19- 7/5/83