82-1206_CC_Minutes_Regular Meeting409
December 6, 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
7:07 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Roger
Boatman, Community Christian Church.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
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.
MTN[1TRS
Adjourned Regular Meeting of November 8, 1983:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Adjourned Regular Meeting of
November 8, 1983, be approved as submitted. The motion carried
by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
Regular Meeting of November 15, 1983:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of November 15,
1983, be approved as submitted. The motion carried by the
following vote:
AYES:
NOES:
ABSENT:
Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
None
None
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10
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
MOBILE HOME PARK REVIEW COMMITTEE
1. ACKNOWLEDGEMENT OF SETTLEMENT AGREEMENT AND WITHDRAWAL
OF PETITION WITH PREJUDICE (SAN JUAN MOBILE ESTATES)
(23) Council received copies of a Resolution acknowledging that
the issues set forth in the Petition submitted by the
residents of the San Juan Mobile Estates had been resolved
by a written agreement of the parties and that the Petition
was voluntarily withdrawn.
The following persons addressed Council:
(1) Howard A. Parelskin, Attorney at Law, Baresh & Hill,
One Century Plaza, 2029 Century Park East, Suite 2050,
Los Angeles, 90067, representing the Park Owner,
advised that the settlement agreement had been ratified
by 62% of the Park residents to date and signatures
totaling 70% were expected. He requested on behalf of
the Park Owner and Park Residents that Council
acknowledge the agreement and dismiss the Petition with
prejudice. At the request of Council, Mr. Parelskin
reviewed the points of agreement, noting that the
average rent of $248.48 will be in effect through June
30, 1984; and, that residents will receive a refund of
$20 per month for the period of May 1, 1983, through
November 30, 1983. Upon execution of the agreement,
further action on the issues will be precluded.
(2) Stuart Parker, Attorney at Law, 15751 Brookhurst, Suite
201, Westminster, 92683, stated his recommendation to
the residents had been to accept the agreement to
obtain an immediate rent reduction and prevent
litigation costs and long-term uncertainty.
Councilman Friess stated concerns regarding requirements in
the agreement for ratification by Council and 70% of the
residents and moved that if the agreement is not ratified,
the matter be continued to December 13 for resolution of the
issue. The motion died due to lack of a second. Mr.
Parelskin stated that the owner was satisfied with 62%
ratification and would be willing to sign the agreement.
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Acknowledgement of Agreement/Withdrawal of Petition:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 83-12-6-1, ACKNOWLEDGEMENT OF AGREEMENT
MOBILE ESTATES) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACKNOWLEDGING AGREEMENT AND WITHDRAWAL OF PETITION WITH
PREJUDICE (SAN JUAN MOBILE ESTATES)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. TWO-HOUR PARKING - MULTI -MODAL TERMINAL
(64) Andy Bertolino, Box 451, South Laguna, 92677, part owner of
(88) the Capistrano Plaza and property housing the Multi -Modal
Terminal, cited complaints received from tenants in the
Plaza regarding lack of parking for customers and requested
that additional parking spaces within the Multi -Modal be
posted for two-hour parking. He presented letters dated
June 20, 1983, from Margie Butterworth, President, Saint
Nicholas, Inc., and November 29, 1983, from William McCoy,
Common Sense Education, citing inadequate parking.
The City Manager advised that staff has been working with
the owners of the Depot to resolve the parking problem; a
report will be presented at a future Council meeting.
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, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
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1. APPROVAL OF WARRANTS
(41) The List of Demands dated December 6, 1983, Warrant Register
No. 84-061, in the total amount of $1,163,179.11, was
approved as submitted.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF
OCTOBER 31, 1983
(41) The City Treasurer's Report of Fund Cash Balances as of
October 31, 1983, was approved as submitted.
3. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF
NOVEMBER 1.0, 1983
(23) The Report dated December 6, 1983, from the Secretary of the
Cultural Heritage Commission, regarding actions taken at the
meeting of November 10, 1983, was ordered received and
filed.
4. REPORT OF EQUESTRIAN COMMISSION MEETINGS OF
NOVEMBER 14 AND 28, 1983
(23) The Report dated December 6, 1983, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meetings of November 14 and 28, 1983, was ordered received
and filed.
REPORT OF PARKS AND RECREATION COMMISSION MEETING
OF NOVEMBER 21, 1983
(62) The Report dated December 6, 1983, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of November 21, 1983, was ordered received and
filed.
6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS
OF NOVEMBER 9 AND 23, 1983
(23) The Report dated December 6, 1983, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of November 9 and 23, 1983, was
ordered received and filed.
PUBLIC HEARINGS
1. APPROVAL OF GENERAL PLAN AMENDMENT 83-3A (ELKINS)
(46) Proposal;
Consideration of Item A of General Plan Amendment 83-3, to
change the existing land use designation from 1.4 (Medium
Density Residential) to SS (Special Study) for approximately
7.68 acres of land located on the southeast side of Valle
Road. The area is designated with a Noise Impact Overlay.
Surrounding uses include a mobilehome park to the northeast,
vacant open space to the southeast and southwest, Interstate
5 and Bill Yates Volkswagen to the northwest. The Amendment
was proposed to ultimately allow development of the parcel
for a mini -storage facility.
` -4- 12/6/83
Applicant:
Capistrano Self Storage, Ltd., 33951 Calle de Bonanza, San
Juan Capistrano.
Written Communications:
(1) Report dated December 6, 1983, from the Director of
Community Planning and Development, forwarding
background information; a staff recommendation to
approve the Amendment limiting the land uses to public
institutional and commercial recreation, excluding the
mini -storage use; and, a Planning Commission
recommendation of denial.
(2) Memorandum dated November 29, 1983, from the Director
of Community Planning and Development, summarizing
discussion of the planning analysis involved in
preparing the Amendment.
(3) Letter dated December 2, 1983, from Charles and
Virginia McCollum, 33761 Valle Road, San Juan
Capistrano, 92675, opposing the mini -storage facility.
Exhibits were on display and the Director of Community
Planning and Development made an oral presentation, stating
that the proposed land use designation could provide an area
to meet the needs of community organizations. He cited
potential problems with a mini -storage facility, including
incompatibility with surrounding uses. He noted a
correction on Page 3, Exhibit A, of the Resolution changing
the words "Public/Institutional" to "Commercial/Recreation."
Public Hearing:
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and the following persons
responded:
(1) Tom Elkins, General Partner of Capistrano Self Storage,
Ltd., spoke in support of including the mini -storage
use in the land use designation. He stated that the
project area is isolated from surrounding uses, the
project can be screened and designed in a barn -type
architecture, and noise would not be a problem.
(2) Woody Dike, Laguna Beach, landscape architect, spoke in
support of the mini -storage use. He advised that the
project would not require grading of the hillside and
would be a satisfactory land use from a visual
standpoint.
There being no further response, Mayor Bland closed the
Hearing with the right to re -open at any time.
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414
Council Discussion:
Councilman Hausdorfer stated concerns that the addition of
the mini -storage to the land use designation would introduce
a foreign use to that side of the freeway. Mayor Bland
stated support for placing a mini -storage facility in an
area currently zoned for the use. Councilman Buchheim
stated that if the project were ultimately approved by the
City, it would not be acceptable to the applicant.
Councilman Schwartze stated that the mini -storage use would
be ideal for the location.
Negative Declaration
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and carried with Councilman Buchheim
voting in the negative to certify the issuance of a Negative
Declaration.
Approval of GPA 83-3A/Exclusion of Mini -Storage Use:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following Resolution be adopted:
RESOLUTION NO. 83-12-6-2
83-3
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
THE LAND USE DESIGNATION FOR A 7.68± ACRE AREA LOCATED
ON VALLE ROAD FROM 1.4 MEDIUM DENSITY RESIDENTIAL TO
SS (SPECIAL STUDY) OF THE GENERAL PLAN
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Schwartze,
and Mayor Bland
NOES: Councilman Buchheim
ABSENT: None
2. APPROVAL OF GENERAL
DESIGN STANDARDS)
(46) Proposal:
(62) Consideration of Item B of General Plan Amendment 83-3, to
amend the Equestrian/Hiking Trail System to resolve current
and potential future trail problems; to consider revisions
to the Municipal Code to clarify problems relating to design
standards and interpretation of regulations; and, to
consider Council Policy Statements regarding dedications and
irrevocable offers for General Plan and Feeder Trails, to
reinforce the use of the Equestrian/Hiking Trail Design
Manual, and to provide direction for the interface of
landscape irrigation systems with trail easements.
Applicant:
This was a City -initiated Hearing.
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Written Communications:
Report dated December 6, 1983, from the Director of
Community Planning and Development, forwarding the proposed
amendments to the Municipal Code, proposed Council Policy
Statements, and the Equestrian/Hiking Trail Design Manual.
The report also includes recommendations of approval from
the Parks and Recreation Commission, the Equestrian
Commission, and the Planning Commission. The proposed
Amendment would result in the ultimate development of
approximately 27 miles of hiking and equestrian trails.
Preliminary estimates for maintenance range from $17,100 to
$49,900; additional costs would include fence repair and
trail reconstruction. Costs would be allocated from the
General Fund.
Exhibits were on display and Tom Tomlinson, Senior Planner,
made an oral presentation.
Public Hearing:
vin
Notice hag been given as required by law, Mayor Bland
opened the Public Hearing and the following person
responded:
(1) Ilse Byrnes, Chairman of the Equestrian Commission,
spoke in support of the Amendment and requested Council
authorization for the Commission to begin a review of
all Feeder Trails, including their locations and
connections to General Plan Trails.
There being no further response, Mayor Bland closed the
Hearing with the right to re -open at any time.
Council Discussion:
Mayor Bland initiated discussion regarding the financial
impacts of trail maintenance. Council concurred regarding
the importance of adopting the proposals and acknowledging
the costs.
Negative Declaration:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to certify the issuance of a
Negative Declaration.
Approval of GPA 83-3B:
Mr. Tomlinson requested additional wording in the
Resolution, Page 2, first paragraph, last line, to read as
follows: . .Exhibit A, which shall replace the map
depicted on Page 59 of the General Plan, as amended." It
was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
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416
RESOLUTION NO. 83-12-6-3, GENERAL PLAN AMENDMENT 83-3,
ITEM B (EQUESTRIAN/HIKING TRAIL SYSTEM) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
CALIFORNIA, AMENDING THE PARKS AND RECREATION ELEMENT
OF THE GENERAL PLAN REVISING THE EQUESTRIAN/HIKING
TRAIL SYSTEM
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
Approval of Amendment to Title 9:
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
Buchheim, seconded by Councilman Friess that the following
Ordinance be introduced:
ORDINANCE NO. 501, AMENDMENT TO TITLE 9 OF THE
- ESTABLISHING EQUESTRIAN STABLES AND
TI'AlL LtabluN bTANURRub — AN UXVINANUL UYTME ul'1'Y Ut''
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE SAN JUAN
MUNICIPAL CODE BY REVISING SECTION 9-3.620 (HORSES AND
STABLES) AND SECTION 9-4.106 (BICYCLE AND EQUESTRIAN
TRAILS)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
Approval of Equestrian/Hiking Trail Design Manual:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 83-12-6-4, EQUESTRIAN/HIKING TRAIL
DESIGN MANUAL - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE
EQUESTRIAN/HIKING TRAIL DESIGN MANUAL AS REFERENCED BY
SECTION 9-4.106 (BICYCLE AND EQUESTRIAN TRAILS) OF THE
MUNICIPAL CODE
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The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
Approval of Council Policies:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve the policies
for inclusion in the Council Policy Manual. Staff was
directed to clarify language in the Policy Statements
regarding Feeder Trails, as suggested by the City Manager.
3. APPROVAL OF TENTATIVE PARCEL MAP 83-863 (SCHAUWECKER/BERG)
(85) Proposal
Consideration of a Tentative Parcel Map to subdivide
approximately 1.6 acres located on the north side of San
Juan Creek Road into two parcels. The purpose of the Map is
to convey ownership of Parcel 1 to Senior Living for
development of a previously approved senior citizen's
retirement hotel. Surrounding uses include the San Juan
Hills Country Club to the east, San Juan Creek Road and
adjacent residential to the south, Capistrano Racquet Club
to the west, and San Juan Creek to the north. The present
zoning is IP (Public Institutional) for Parcel 1 and PR
(Private Recreation) for Parcel 2.
Applicant:
Senior Living, 1900 Powell, Emeryville, California, 94608.
Property Owner:
Thomas Schauwecker, 32391 San Juan Creek Road.
Written Communications:
Report dated December 6, 1983, from the Director of
Community Planning and Development, forwarding background
information and the Planning Commission recommendation of
approval.
Exhibits were on display and the Director of Community
Planning and Development made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Negative Declaration:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to certify the issuance
of a Negative Declaration.
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Approval of Tentative Parcel Map 83-863:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 83-12-6-5, TENTATIVE PARCEL MAP 83-863
��lnrlu wr.lr\nn/n.c�n�i/ - ri RrDuV U11VlN Ur 1 1111 1
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 83-863
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:50 p.m., and reconvened at 9:08 p.m., with
Councilman Friess absent.
4. APPROVAL OF REZONE 83-8 (VILLAGE CENTER I)
(95) Proposal:
Consideration of a rezone from GM (Growth Management) to PD
(Planned Development) for a triangular property located
adjacent to Village San Juan between Trabuco Creek Road and
Village Road, to allow development of a proposed office
complex of approximately 50,225 square feet in five 1- and
2 -story building configurations. Surrounding uses include
residential, agricultural, and Interstate 5.
Applicant/Property Owner:
Village Center I, 3 Upper Newport Plaza, Suite 200, Newport
Beach, 92660.
Written Communications:
Report dated December 6, 1983, from the Director of
Community Planning and Development, forwarding background
information and a Planning Commission recommendation of
approval.
Exhibits were on display and Tom Tomlinson, Senior Planner,
made an oral presentation. The Director of Public Works
advised that at the time of approval of the Architectural
Control, the applicant had been unaware of the extent of
utility undergrounding required and requested that Council
be receptive to a modification of Condition 7 of the
Architectural Control.
Councilman Friess returned to the Chamber at 9:11 p.m.
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Public Hearing:
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and the following person
responded:
(1) Larry Tucker, 3 Upper Newport Plaza, Suite 200, Newport
Beach, developer of the project, discussed the extent
and cost of utility undergrounding, advising that
complete undergrounding would require placing utility
lines under the freeway. He discussed improvements on
Rancho Viejo Road and Trabuco Creek Road and stated a
willingness to place utilities underground on the site;
however, continuing under the freeway was unreasonable.
He requested approval of the project, with the utility
issue to be considered separately at the meeting of
January 17, 1984.
There being no further response, Mayor Bland closed the
Hearing with the right to re -open at any time.
Council Discussion:
Discussion ensued regarding widening of Trabuco Creek Bridge
and possible signalization of Village Road and Rancho Viejo
Road. Councilman Friess suggested the possibility of an
assessment district to deal with utility undergrounding and
road widening.
Negative Declaration:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to certify the
issuance of a Negative Declaration.
Approval of Rezone 83-3:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinance had been waived
earlier in the meeting. It was moved by Councilman
Hausdorfer, seconded by Councilman Buchheim that the
following Ordinance be introduced:
ORDINANCE NO. 502, REZONE 83-3 (VILLAGE CENTER I) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY
ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR
PARCEL NOS. 650-071-45, -48, -49, -51, -52, and -53 AND
650-073-53 FROM GM (GROWTH MANAGEMENT) TO PD (PLANNED
DEVELOPMENT) DISTRICT (VILLAGE CENTER I)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
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420
Staff was directed to submit a report at the meeting of
January 17, 1984, regarding utility undergrounding and costs
and timing of the Trabuco Creek Bridge widening.
CONTINUATION OF REZONE 83-5 AND APPEAL OF CONDITIONS OF
APPROVAL (CALIFORNIA RETIREMENT HOTEL/COOK)
(95) Proposal:
(67) Consideration of a zone change from AG (General Agriculture)
to IP (Public Institution) for development of a retirement
hotel on 3.2 acres located on Del Obispo Street.
Surrounding uses include the Presbyterian Church and
Preschool to the north; the Vermeulen Ranch to the south;
Ocean Hills Community Church to the east; and, an E1 (Large
Estate) residential area to the west. The project includes
a zone variance to reduce the number of required parking
spaces and a conditional use permit for establishment of the
facility in the IP District. The property is within the
Historical Preservation District and the project will
relocate the Cook Barn within a one -acre agricultural
preserve. The Planning Commission approved the project
subject to certain conditions and the applicant has
submitted an appeal of six conditions relating to the
following:
(1) Eliminating the third story in favor of a single- and
two-story complex;
(2) Limiting the capacity of the project to 110 residents
(the applicant has requested a modification to a limit
of 120 residents);
(3) Moving the project 20 feet forward toward Del Obispo
Street (the applicant has requested a modification to
10 feet);
(4) Relocating the stairway between the cottages and
two-story building to the interior of the project (the
applicant has requested modification due to Fire Code
Requirements);
(5) Precluding direct access onto Del Obispo Street; and,
(6) Requiring wood balcony railings instead of wrought
iron.
Applicant:
Villa Del Obispo, Ltd., c/o California Retirement Hotel,
Inc., 245 Fischer Avenue, Suite D-1, Costa Mesa, 92626,
Attention John Jason and John Booty.
Property Owners:
Bob Cook, 711 Temple Street, San Diego, 92106, and Mary
Elliott, 11730 East Whittier Boulevard, Space 29, Whittier,
90601.
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12/6/83
421
Written Communications:
(1) Report dated December 6, 1983, from the Director of
Community Planning and Development, forwarding
background information; Planning Commission
recommendations; and, staff recommendations.
(2) Letter dated December 3, 1983, from Colleen Hill, Clerk
of the Session, Community Presbyterian Church of San
Juan Capistrano, 32202 Del Obispo Street, requesting
approval be deferred until completion of a detailed,
definitive study of the environmental impact on traffic
in the area.
(3) Letter dated December 5, 1983, from A.D. Wilcoxen,
31412 La Matanza, citing driveway and parking problems.
Exhibits were on display and the Director of Community
Planning and Development made an oral presentation,
discussing the major issues relating to the mass of the
building and parking and traffic concerns; and, noting that
the proposed use had never been a problem. He reviewed
previous site plans presented and noted that the applicant
added a third story in order to achieve an agriculture theme
area around the Cook Barn. Nanette Bourne, Associate
Planner, reviewed parking and traffic generation standards
applied to the project.
Public Hearing:
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and the following persons
responded:
(1) Bob Cook, property owner, spoke in support of the
project and discussed possible uses of the one -acre
area encompassing the barn.
(2) Mary Elliott, property owner, spoke in support of the
project and advised that she and Bob Cook planned to go
into partnership for construction of the project.
(3) John Jason, Del Obispo, Ltd., applicant, advised that a
third story was added to allow as much open space
around the barn as possible. He discussed visual
impacts of the building; proposed parking; and, numbers
of residents.
Councilman Buchheim left the Chamber at 10:00 p.m., and returned
at 10:04 p.m.
(4) Richard Thompson, Principle with the firm of Archiplan,
6624 Melrose Avenue, Los Angles, 90038, spoke in
support of the conditions under appeal. He stated that
the project would be compatible with surrounding uses;
would preserve the Cook barn in a permanent agriculture
setting; and, would provide housing for the elderly.
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r
422
(5) Jim Thorpe, 27952 Calle Santa Ynez, stated concerns
with issuance of a Negative Declaration noting that an
environmental impact report would have addressed major
problems such as parking. He questioned safety, view
impacts on neighboring properties, and utilization of a
third story as a method of preserving agricultural open
space.
(6) Bill Gardner, 30231 Silver Spur, stated concerns with
traffic and visibility impacts on the existing and
proposed Preschools and cited objections to the
three-story building.
(7) Bob Buckman, 24322 Armada, Dana Point, stated concerns
regarding decreased visibility at the Presbyterian
Church driveway due to proposed additional tree
planting to screen the project.
(8) Cathleen Rydell, 25851 Avenida Mariposa, stated
concerns regarding employee parking in relation to the
number of spaces provided.
(9) Reverend Steven Marsh, 33442 Valley View Court, Dana
Point, advised that the Presbyterian congregation was
not opposed to the project, but had concerns regarding
traffic and parking.
(10) Richard Thompson, Archiplan, responded to concerns
expressed regarding setbacks, views, traffic and
parking.
(11) John Jason, applicant, responded to concerns expressed
regarding staffing and parking at the project.
There being no further response, Mayor Bland closed the
Hearing with the right to re -open at any time.
Council Discussion:
Councilman Hausdorfer stated that an environmental impact
report should have been done since the combination of
parking and traffic from this project and the Ocean Hills
Community Church create a negative impact. He stated he
would rather sacrifice the open space in order to mitigate
the three-story density. He suggested that the matter be
continued and a study be done to address the traffic impacts
in the area. Council concurred on the need for a traffic
study and the issue of height versus agriculture.
Continuation to January 17, 1984:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to continue the
item to the meeting of January 17, 1984.
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423
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 499, REZONE 83-2 (DAVIS
DEVELOPMENTS)
(95) Written Communications:
Report dated December 6, 1983, from the City Clerk, advising
that the Ordinance was introduced at the City Council
meeting of November 15, 1983, and was scheduled for
adoption.
Council Discussion:
Councilman Friess noted receipt of a memorandum from the
Director of Community Planning and Development, dated
December 6, 1983, regarding the access easement provision
for the main entry road into the project and recommended
that every effort be made to assure the road is built.
Discussion ensued regarding the possibility of continuing
the item. David Neisch, representing Davis Developments,
stated their agreement with the intent of the condition that
the roadway be built to its full width and advised that the
ultimate objective of Davis Developments is to acquire the
parcel to the south.
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
Hausdorfer, seconded by Councilman Schwartze that the
following Ordinance be adopted:
ORDINANCE NO. 499, REZONE 83-2 (DAVIS DEVELOPMENT) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY
ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S
PARCEL NOS. 121-254-06 and -07 FROM CM (COMMERCIAL
MANUFACTURING) TO PD (PLANNED DEVELOPMENT) DISTRICT
(DAVIS DEVELOPMENTS)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
2. ADOPTION OF ORDINANCE - SALES AND USE TAXES (STATE BOARD OF
EQUALIZATION)
(55) Written Communications:
(86) Additional Agenda Item dated December 6, 1983, from the City
Clerk, forwarding a request from the State that ammendments
-15- 12/6/83
424
be made to City Ordinance 241, which imposes a sales and use
tax to be administered by the State Board of Equalization.
The report advises that the amended sections deal with
exemptions for operators of waterborne vessels and aircraft
and that all City and County Ordinances must comply with new
sections of the Revenue and Taxation Code; otherwise
agreement with the State for collection of sales and use
taxes will no longer be valid.
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:
ORDINANCE NO. 500, IMPOSING SALES AND USE TAX
nnMTMTRTRRF.n RV RTATF ROARO OF EQUALIZATION - AN
URVINANUL Ur" Tnr� l..L.l.x Ur Otuv UVe14 �e�r ioia.�•vv,
CALIFORNIA, AMENDING TITLE 3 OF THE MUNICIPAL CODE -
IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE
STATE BOARD OF EQUALIZATION
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
As a tax issue, the Ordinance took effect immediately. The City
Clerk was directed to forward four certified copies to the local
tax unit of the State Board of Equalization.
BIDS, CONTRACTS, AGREEMENTS
1. RENEWAL OF LEASE - HARRISON HOUSE AND
(38) Written Communications:
(61) Report dated December 6, 1983, from the Secretary to the
(73) Cultural Heritage Commission, advising that the lease
agreement with the Capistrano Indian Council for operation
and maintenance of the Harrison House and Parra Adobe is
renewable on a yearly basis at an annual lease payment of
one dollar ($1.00).
-16- 12/6/83
425
Renewal of Lease:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to approve the
extension of the lease agreement with the Capistrano Indian
Council for the operation and maintenance of the Harrison
House and Parra Adobe for a period of one year from December
1, 1983, through December 1, 1984, at the annual lease
payment of one dollar ($1.00). The Mayor and City Clerk
were authorized to execute the document on behalf of the
City.
RECESS AND RECONVENE
Council recessed at 11:25 p.m., to convene the San Juan
Capistrano Community Redevelopment Agency, and reconvened at
11:35 p.m.
ADMINISTRATIVE ITEMS
CITY CLERK
1. CALLING GENERAL MUNICIPAL ELECTION - APRIL 10, 1984
(40) Written Communications:
Report dated December 6, 1983, from the City Clerk,
forwarding a Resolution calling and giving notice of the
General Municipal Election to be held on Tuesday, April 10,
1984, for the election of two members of the City Council
for the full term of four years. The polls will be open
from 7:00 a.m., to 8:00 p.m. The sum of $12,900 has been
included in the City Clerk's 1983-84 Budget, Election
Account No. 217.
Calling of Elections:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 83-12-6-6, CALLING ELECTION FOR APRIL
10, 1984 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO
BE HELD IN THE CITY ON TUESDAY, APRIL 10, 1984, FOR THE
ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
-17- 12/6/83
426
2.
ING COUNTY ELECTION SERVICES - GENERAL
ELECTION, APRIL 10, 1984
(40) Written Communications:
Report dated December 6, 1983, from the City Clerk,
forwarding a Resolution requesting that the Orange County
Board of Supervisors authorize the Registrar of Voters to
prepare a computer record and indices of names and addresses
of registered voters for use by the City in conjunction with
the April 10, 1984, Municipal Election.
Requesting Election Services:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 83-12-6-7, REQUESTING COUNTY OF ORANGE
Mn DVMnVD CDWr TRTVn aRDVTPRR - I QAA C:RNRRAT, MiTNTCTPAL
Lilrlul'lun - H nLovV u11ULI VC lllli i -- ---
OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER
SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT
OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY
ON TUESDAY, APRIL 10, 1984
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
The City Clerk was directed to forward certified copies of
the Resolution to the Board of Supervisors and the Registrar
of Voters.
3. CHARGES FOR CANDIDATE'S STATEMENTS - GENERAL MUNICIPAL
ELECTION, APRIL 10, 1984
(40) Written Communications:
Report dated December 6, 1983, from the City Clerk,
forwarding a Resolution providing that each candidate for
election shall pay in advance the pro rata share of
printing, handling, translating, and mailing the Candidate's
Statement as a condition of having the Statement included in
the Voter's Pamphlet, which is mailed to all registered
voters. Due to the lack of requests for Spanish ballots in
past elections, the materials will be printed in English
only with Spanish translations available on request. The
cost per candidate is estimated at $125.
Charge for statement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
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4
RESOLUTION NO. 83-12-6-8, CANDIDATES STATEMENTS - 1984
GENERAL MUNICIPAL ELECTION - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE
ELECTORATE AND THE COSTS OF THE CANDIDATES STATEMENTS
FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY ON TUESDAY, APRIL 10, 1984
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
CENTRAL COUNTING PLACE - GENERAL MUNICIPAL ELECTION, APRIL
10, 1984
(40) Written Communications:
Report dated December 6, 1983, from the City Clerk,
forwarding a Resolution designating the City Council Chamber
as the Central Counting Place to process and count the
ballots of the municipal election. Rental cost of the vote
tallying equipment is estimated at $500.
Central Counting Place
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 83-12-6-9, 1984 MUNICIPAL ELECTION -
CENTRAL COUNTING PLACE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
PROVIDING THAT ALL BALLOTS BE COUNTED AT A CENTRAL
COUNTING PLACE
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
5. CANVASS OF ELECTION - GENERAL MUNICIPAL ELECTION, APRIL 10
(40) Written Communications:
Report dated December 6, 1983, from the City Clerk,
forwarding a Resolution ordering the canvass of the election
results to be made by the City Clerk, pursuant to Elections
Code Section 22932.5. The Certificate of Results will be
-19- 12/6/83
428
prepared for acceptance by the City Council on April 17,
1984, at which time the elected Council Members will be
sworn into office.
Canvass of Election:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
UTION NO. 83-12-6-10, CANVASS OF GENERAL
TnM UVT n nM ADDTT. I n 1 QQA - A DRfInT.f7TTl1
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10,
1984, TO BE MADE BY THE CITY CLERK
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
6. AFFIRMATION OF LOCAL APPOINTIVE LIST FOR COMMIS
(23) Written Communications:
Report dated December 6, 1983, from the City Clerk,
forwarding the lists of Commissions, Boards, and Committees
prepared pursuant to Government Code Section 54974. The
report advises that when a vacancy occurs on the local
Appointive List, a notice is prepared and posted at the
official posting places; i.e., City Hall, the Hot Springs
Dance Hall, and the Library.
Affirmation of Lists:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to affirm the list of
Commissions, Boards, and Committees as submitted and
to concur with the posting of Vacancy Notices at the three
official posting places in the City, as well as in the City
Clerk's Department.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. CIVIC CENTER
(34) Written Communications:
(38) Report dated December 6, 1983, from
Community Planning and Development,
for schematic design architectural
RUBLE YUDELL
the Director of
forwarding an agreement
services for the civic
-20- 12/6/83
center. The services include preparation of a site plan, a
floor plan, sections/elevations, perspective sketches and an
exterior color scheme.
Approval of Agreement
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the agreement
with Moore Ruble Yudell, of Santa Monica, in the amount of
$62,325, for schematic design architecture services for the
civic center. The City Manager was authorized to execute
the agreement on behalf of the City.
2. APPEAL OF PLANNING COMMISSION DECISION - ARCHITECTURAL
CONTROL 83-6 (CALIFORNIA RETIREMENT HOTELS, INC. COOK
(67) This item was considered in conjunction with the Public
(68) Hearing on Rezone 83-5 and was continued to the meeting of
(95) January 17, 1984.
DIRECTOR OF PUBLIC WORKS
1. APPROVAL OF TIME LIMITED PARKING ZONE - CAMINO CAPISTRANO
BETWEEN ORTEGA HIGHWAY AND YORBA STREET
(64) Written Communications:
Report dated December 6, 1983, from the Director of Public
Works, forwarding a request from various merchants in the
downtown area for establishment of time limited parking
zones on Camino Capistrano between Ortega Highway and Yorba
Street, due to use of the spaces by train commuters.
The Director of Public Works stated that signs could be
placed limiting parking to daytime hours on weekdays only.
Dennis Hahn, member of the Traffic and Transportation
Commission, stated concerns that commuter parking be
designated and cited his observations of the problem.
Establishment of Two -Hour Zones:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following Resolution be adopted:
RESOLUTION NO. 83-12-6-11, ESTABLISHING "TWO-HOUR
PARKING" ZONES - CAMINO CAPISTRANO - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "TWO-HOUR PARKING" ZONES ON
PORTIONS OF CAMINO CAPISTRANO BETWEEN ORTEGA HIGHWAY
AND YORBA STREET
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430
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
The Resolution designated the following areas as "Two -Hour
Parking" zones:
The east side of Camino Capistrano from
Ortega Highway to Yorba Street; and,
The west side of Camino Capistrano from
Verdugo Street to Yorba Street.
Staff was directed to review numbers and designs of signs
that would be appropriate to the area.
Multi -Modal Parking (Bertolino):
Discussion ensued regarding Mr. Bertolino's request for
additional two-hour parking spaces within the Multi -Modal
Terminal. The City Manager advised that discussions are
being held with the owners of the Capistrano Depot regarding
commuter parking. Staff was directed to review placement of
signs and the possibility of opening access to the train
platform in the vicinity of the Depot parking lot.
2. WAIVER OF SANITARY SEWER CONNECTION FEES (MINI -STORAGE
(41) Written Communications:
(80) Report dated December 6, 1983, from the Director of Public
(85) Works, forwarding a request from Davis Developments for
(93) waiver of the sanitary sewer connection fee for the
mini -storage area and an 82% reduction in the sanitary sewer
connection fees for the Garden Industrial area. The report
recommends approval of the fee waiver for the mini -storage
area, except for the on-site caretaker's residence; and,
denial of the 82% reduction of fees for the Garden
Industrial area.
Motion to Accept Staff Recommendation:
It was moved by Councilman Friess, seconded by Councilman
Buchheim to accept the staff recommendation on the item.
David Neish, representing the Davis Developments, requested
that action on the request for the Garden Industrial area be
deferred to allow discussion with staff. With the
concurrence of the second, the motion was withdrawn.
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431
Waiver of Fees (Mini -Storage Area)/Continuation of Fee
Reduction:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to approve the request for
waiver of the sanitary sewer connection fee for the
mini -storage area, except for the on-site caretaker's
residence, and to continue the request for a reduction of
fees for the Garden Industrial area to a later date.
COMMISSIONS. BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF NOVEMBER 22, 1983
(67) The Report of Actions taken by the Planning Commission at
their meeting of November 22, 1983, was ordered received and
filed.
COUNCIL REMARKS
1. BULLET TRAIN
(88) Councilman Friess requested a report be scheduled for the
January 3rd Agenda to discuss impacts on the City from the
Bullet Train.
2. ORANGE COUNTY TRANSPORTATION COMMISSION
(56) Councilman Schwartze noted material received from the Orange
County Transportation Commission and Members of the Board
of Supervisors regarding the Commission's recommendation to
place a measure on the ballot to impose a 1C sales tax to
provide transportation funding in the County. Staff was
directed to review the material and submit a report at a
future meeting.
CLOSED SESSION
Council recessed to a Closed
discussion of legal matters,
therefrom, and reconvened at
COUNCIL ACTIONS
Session at 12:03 a.m., for
the City Clerk being excused
1:08 a.m.
ACCEPTANCE OF APPRAISAL REPORT - LOS RIOS AREA
(23) It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to accept the appraisal
report of William Towles on two properties within the Los
Rios area; staff was authorized to submit a report to the
State in compliance with the Land and Water Grant.
-23- 12/6/83
432
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 1:10 a.m., Wednesday, December 7th, to the next
regular meeting date of Tuesday, December 20, 1983, at 7:00 p.m.,
in the City Council Chamber.
ATTEST
D, MAYOR
Respectfully submitted,
EPSON WVIA
i'f� •
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