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
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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
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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.
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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.
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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
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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.
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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.
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(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
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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.
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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.
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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.
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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.
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(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,
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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.
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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:
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(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
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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.
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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
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