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98-0602_CC_Minutes_Regular Meeting175 JUNE 2,1998 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.85) Council met in a Closed Session at 5:00 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section 54956(b)(2), the City Council conferred with its Legal Counsel regarding one matter. 2. Pursuant to Government Code Section 54957.6, the City Council conferred with its Labor Negotiator (City Manager) regarding Terms and Conditions of Employment (Management and Classified Employees) 3. Pursuant to Government Code Section 54956.8, the City Council conferred with its Real Property Negotiator regarding property located at Assessor Parcel No. 649-201-01 to consider possible acquisition. The property owner is the Orange County Flood Control District. ' 4. Pursuant to Government Code Section 54956.9(b)(2)(A), the City Council conferred with its Legal Counsel regarding one matter. RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETING UNTIL 7:00 P.M. BUSINESS SESSION. The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Doran Tregarthen, St. Margaret of Scotland Episcopal Church. ROLL CALL: PRESENT: Gil Jones, Mayor John Greiner, Mayor pro tem David M. Swerdlin, Council Member Wyatt Hart, Council Member Collene Campbell, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; John Shaw, Interim City Attorney; Jennifer Murray, Assistant City Manager; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and City Council Minutes 1- 6/2/98 176 Building Director; Amy Amirani, Public Works Director; Al King, Community Services Director; Lt. Paul Sullivan, Chief of Police Services; Gillian E. Rampley, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Jones advised there was no action to report on the Closed Session items. INTRODUCTIONS, PRESENTATIONS AND DONATIONS OUTSTANDING CROSSING GUARD OF THE YEAR AWARD (610.40) Written Communication: Report dated June 2, 1998 from the Chief of Police Services advising that the City had received a request from All City Management to participate in honoring their "Outstanding Crossing Guard of the Year." This year, the award was to be received by Marie De Pita, the crossing guard for Ambuehl Elementary School. Don Brown, of All City Management, presented a plaque to Mrs. De Pita in recognition of her outstanding service. Mayor Jones presented a Certificate of Commendation from the City and thanked Mrs. De Pita for her service to the City and the example she was setting to the school children at Ambuehl Elementary School. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (,110.10) Council Member Greiner introduced the following persons in attendance: Bill Hardy, Cultural Heritage; Ed Johnson and Bill Sonka, Planning Commission; Janice Palermo and Marie Buckner, Housing Advisory Committee; At Simmons, Seniors Liaison to the City ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS) TREES/PROPOSED MORATORIUM ON CERTAIN BUILDING DEVELOPMENT APPLICATIONS FOR GENERAL PLAN UPDATE (410.90/440.25) Lucy Austin, 26000 Avenida Aeropuerto, expressed her concern, and that of other residents of the area, at the loss of trees along Avenida Aeropuerto and the hillside behind the Capistrano Valley Mobile Estates. She indicated that the trees had filtered noise and pollution from the freeway and had been home to a number of birds. She noted that information had been very hard to obtain from City Staff and personnel at Toyota had advised her that the trees were removed at City instruction. She urged the City Council to support a moratorium on new development to allow time for residents to research the City's ordinances to show that this type of action should not be happening, particularly without public notification. City Council Minutes -2- 6/2/98 177 Mr. Tomlinson, Planning Director, advised that there were two sites in the vicinity from ' which trees had been removed. The Barwick Nissan site at the bottom of the hill had been the subject of a public hearing, with notification to surrounding properties, and the tree removal had been discussed and approved. Mr. Tomlinson further noted that there had been a wind row on the Toyota site which had been significantly infected by borer beetles and all but one tree had been lost. During the Planning Commission public hearing approval had been given to remove the one remaining tree. The City Manager stressed that borer beetles are a major problem in the community that the City takes seriously and acts to quickly to stop infestations. Bobby Decker, 26000 Avenida Aeropuerto, read a statement to the City Council on behalf of many residents of the Capistrano Valley Mobile Estate and other valley residents supporting a moratorium on new development in the City. The statement requested that the City Council and Staff take an overall look at City procedures and the relationship between the City and the public. She advised that she and her neighbors could support responsible growth but were disappointed at many of the decisions made by the various City bodies. She expressed concern that opinions of residents were not heard unless they hired expert representation and that those concerns and opinions often did not reach the City Council. She invited Council Members to her home to present them with the reports from experts they may not have seen. Council Member Hart indicated his willingness to meet with Ms. Decker and her neighbors ' to help resolve their issues. The City Manager advised that a meeting would be set up. CONSENT CALENDAR It was moved by Council Member Hart, and seconded by Council Member Swerdlin, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Greiner, Hart, Swerdlin, Campbell and Mayor Jones NOES: None ABSENT: None MOTION TO READ ORDINANCES BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF MINUTES - REGULAR MEETING OF MAY 5. 1998 The Minutes of the Regular Meeting of May 5, 1998 were approved as submitted. City Council Minutes -3- 6/2/98 178 3. RECEIVE AND FILE WARRANTS OF MAY 21. 1998 (300.30) The List of Demands dated May 21, 1998 in the total amount of $807,306.94 was ordered received and filed. 4. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT - DOMESTIC WATER MASTER PLAN (AKM CONSULTING ENGINEERS) (600.30) As set forth in the Report dated June 2, 1998 from the Public Works Director, the Professional Services Agreement with AKM Consulting Engineers for the Domestic Water Master Plan Review in the amount of $59,586 was approved and the Mayor was authorized to sign the agreement on behalf of the City. APPROVAL OF LICENSE AGREEMENT WITH SOUTH COAST FARMS FOR MANAGEMENT OF KINOSHITA FARM AGRICULTURAL COMPLEX (600.30) As set forth in the Report dated June 2, 1998 from the Public Works Director, the License Agreement between the City of San Juan Capistrano, the San Juan Capistrano Community Redevelopment Agency and South Coast Farms for the period of July 1, 1998 through June 30, 1999 was approved in the amount of $44,000, to be paid in quarterly increments of $11,000. 6. APPROVAL OF SOLE SOURCE PURCHASE AND INSTALLATION OF PARK PLAYGROUND EQUIPMENT (GAMETIME/SEAVEY-LEISURE GROUP) (600.30) As set forth in the Report dated June 2, 1998 from the Public Works Director, the purchase of Park Playground Equipment for Acu Canyon Park from the Gametime Company in the amount of $13,073.74 was approved; and, the City Manager was authorized to enter into an agreement with the Seavey-Leisure Group in the amount of $2,922.90 for installation of the Gametime playground equipment. APPROVAL OF CONTRACT EXTENSION - CITY TREE TRIMMING (WEST COAST ARBORISTS) (600.30) As set forth in the Report dated June 2, 1998 from the Public Works Director, the two-year contract extension with West Coast Arborists for City Tree Trimming in the amount of $66,850 per year was approved. 8. ADOPTION OF RESOLUTIONS RELATING TO NOVEMBER 3, 1998 GENERAL MUNICIPAL ELECTION (630.20) As set forth in the Report dated June 2, 1998 from the City Clerk, the following Resolutions relating to the General Municipal Election to be held on Tuesday, November 3, 1998 regarding (1) calling and giving notice of the General Municipal Election; (2) requesting City Council Minutes 4- 6/2/98 consolidation with the Statewide General Election; and (3) regulating Candidate Statements ' were adopted: RESOLUTION NO 98-6-2-1 CALLING ELECTION - NOVEMBER 3 1998, GENERAL MUNICIPAL - 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 ON TUESDAY, NOVEMBER 3, 1998 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAW OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO 98-6-2-2 REQUESTING CONSOLIDATION WITH NOVEMBER 3 1998 STATEWIDE GENERAL ELECTION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 1998 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE ' RESOLUTION NO. 98-6-2-3, REGULATING CANDIDATES' STATEMENTS - NOVEMBER 3, 1998 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 CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998 7 9. ADOPTION OF RESOLUTION AUTHORIZING THE DESTRUCTION OF RECORDS (160.70) As set forth in the Report dated June 2, 1998 from the City Clerk, the following resolution authorizing the destruction of records listed in Exhibit A was adopted: RESOLUTION NO. 98-6-2-4 DESTRUCTION OF RECORDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS City Council Minutes -5- 6/2/98 179 180 10. ADOPTION OF RESOLUTION ACCEPTING EASEMENTS FROM PAMELA MARTINEZ AND BIRTCHER BUSINESS CENTER FOR THE DOWNTOWN LIGHTING PROJECT (670.50) As set forth in the Report dated June 2, 1998 from the Engineering and Building Director, the following Resolution accepting easements for the Downtown Lighting Project from Pamela Martinez and Birtcher Business Center was adopted: RESOLUTION NO. 98-6-2-5, ACCEPTANCE OF EASEMENTS FOR DOWNTOWN LIGHTING PROJECT - MARTINEZ AND BIRTCHER - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ACCEPTING EASEMENTS FOR DOWNTOWN LIGHTING PROJECT FROM PAMELA MARTINEZ AND ARTHUR B. BIRTCHER 11. APPROVAL OF THE 1998-99 SOUTHEAST REGIONAL RECLAMATION AUTHORITY'S (SERRA) BUDGET (330.50) As set forth in the Report dated June 2, 1998 from the Engineering and Building Director, the 1998-99 Southeast Regional Reclamation Authority's (SERRA) Budget was approved with the City's share of $1,478,920 to be allocated to the various SERRA accounts and funded from Sewer Enterprise revenues. 12. APPROVAL OF "ANGLE PARKING" ON VALLE ROAD AT CAPISTRANO VOLKSWAGEN (570.30) As set forth in the Report dated June 2, 1998 from the Engineering and Building Director, the following Resolution approving installation of Angle Parking on the east side of Valle Road in front of Capistrano Volkswagen was adopted: RESOLUTION NO. 98-6-2-6, ESTABLISHING "ANGLE PARKING" ON THE EAST SIDE OF VALLE ROAD SOUTH OF LA NOVIA AVENUE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ESTABLISHING "ANGLE PARKING" ON THE EAST SIDE OF VALLE ROAD, SOUTH OF LA NOVIA AVENUE, IN FRONT OF CAPISTRANO VOLKSWAGEN DEALERSHIP 13. APPROVAL OF LICENSE AGREEMENT FOR THE LANDSCAPING AND MAINTENANCE OF PUBLIC PROPERTY AT 33711 CAMINO CAPISTRANO (CAPISTRANO FORD)(600.30) As set forth in the Report dated June 2, 1998 from Senior Management Analyst II, the License Agreement with Capistrano Ford for the maintenance and improvement of public property at 33711 Camino Capistrano was approved. City Council Minutes -6- 6/2/98 181 14, APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS AND AUTHORIZATION OF PURCHASE DOWNTOWN LIGHTING EQUIPMENT (CIP NO. 118) (600,.1 0) As set forth in the Report dated June 2, 1998 from the Engineering and Building Director, the plans and specifications for construction of the Downtown Lighting project were approved and staff were authorized to receive bids for construction of the first phase. The purchase of equipment was exempted from the formal bid process and staff were authorized to purchase downtown lighting equipment. WITHDRAWAL OF STATE HIGHWAY PLANTING MAINTENANCE AGREEMENT - ORTEGA HIGHWAY WIDENING 1-5 NORTHBOUND RAMPS TO RANCH VIEJO ROAD (DEPARTMENT OF TRANSPORTATION) (600.50) Written Communications: (1) Report dated June 2, 1998, from the Engineering and Building Director, forwarding an agreement with Caltrans obligating the City to maintain the landscaped area within State Highway right-of-way on Ortega Highway between Avenida Lo: Cerritos and Rancho Viejo Road. The landscaping will be installed as part of the Caltrans widening project. (2) Memorandum dated May 29, 1998, from the Engineering and Building Director, forwarding a request from Caltrans to withdraw the item from consideration due to proposed modifications. With the consensus of Council, Mayor Jones directed that the item be withdrawn from consideration. The following item was removed from the Consent Calendar due to a request from a member of the public to address the proposed contract extensions: CONTINUATION OF CONTRACT EXTENSIONS: (1) LANDSCAPE MAINTENANCE- LANDSCAPE MAINTENANCE DISTRICTS (PRO -TURF) AND (2) LANDSCAPE MAINTENANCE -CITY FACILITIES (PRO -TURF). AND (3) LANDSCAPE MAINTENANCE -CITY SPORTS PARK (BOTACO, INC.) 6L 00_30) Written Communication: (1) Report dated June 2, 1998 from the Public Works Director, recommending approval of the Contract Extensions for (1) Landscape Maintenance (Landscape Maintenance Districts) with Pro -Turf in the amount of $28,389 per year; (2) Landscape Maintenance (City Facilities) with Pro -Turf in the amount of $32,985 per year; and (3) Landscape Maintenance (City Sports Park) with BotaCo, Inc. in the amount of ' $77,000 per year. City Council Minutes -7- 6/2/98 182 (2) Letter dated May 27, 1998 from Greg Bloom, President, San Juan Capistrano Little League concerning the lack of maintenance to the Sports Park. Public Comment: (1) Warren G. Michaelis, 28471 Via Ordaz, representing San Juan Little League, told of his concern regarding maintenance of the fields at the Sports Park. He felt the condition was very bad; the field had not been aerated, sanded or de -thatched and that the specifications had not been complied with. He further felt the contract price was out of line. He asked that the Council not renew its contract with BotaCo, Inc. until maintenance logs were checked to see that the prior contract had been carried out. He further stated that he felt the contract work had not been carried out for two years. (2) Greg Bloom, President, San Juan Capistrano Little League, 28075 Via Rueda, expressed concern that the fulfillment of the contract was occurring only at the end of the contract and noted that other fields in the area were in good shape. He expressed opposition to an automatic extension. Amy Amirani, Public Works Director, advised that maintenance at the Park was behind schedule because of weather-related delays and the scheduling of activities in the Park. She advised that during the period June 22 through June 27, 1998, the Park would be available for landscape maintenance because it would not be in use by sports teams. The only previous open time for such work was in January and, due to the El Nino rains, the fields were saturated. She stated that, in general, staff was happy with BotaCo, Inc. Council Member Campbell stated that it appeared that within the next month BotaCo would be able to perform the contract work and suggested that the item be continued to determined if the contract had been carried out. Ms. Amirani advised that in 90 days the work should be completed and, until that time, the contractor would work on a month-to-month basis. The City Manager noted that when the item comes back for review there may be a reconsideration of field scheduling. Mr. Scarborough indicated that a meeting would be scheduled with Mr. Michaelis, City Staff and the contractor to discuss the issues. Motion to Continue: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and carried unanimously, that this item be continued for 90 days. PUBLIC HEARINGS 1. APPROVAL OF REZONE 97-9 FOR PROPERTY BORDERED BY CAMINO CAPISTRANO ON THE EAST AND STONEHILL DRIVE ON THE SOUTH (WESELOH CHEVROLET/HONDA) (460.20) Proposal: Consideration of approval of a mitigated negative declaration and tree removal permit and a rezoning of the property to Commercial Manufacturing (CM) District on two parcels of City Council Minutes -8- 6/2/98 183 ' land at the northwest corner of Camino Capistrano and Stonehill Drive (Rosan Ranch), to provide for the development of two automobile dealerships. The current zoning is Planned Development. The site is governed by the Rosan Ranch Specific Development Plan 90-3, which does not designate automobile sales as a permitted use. An updated arborist's report had been completed, which recommended removal of all trees; transplanting of three trees; and, preservation of three additional trees. The project proposed an irregularly spaced wind row along the berm separating this site from the Toyota dealership. The existing grove will be re-created in the northeast comer using the transplanted trees. The intention of the tree plants was to mimic the existing skyline and provide a visual barrier between this development and other dealerships to the north. Applicant: C.B. Weseloh, Weseloh Chevrolet Co., 5335 Paseo del Norte, Carlsbad, CA 92008. Project Architect: Gary Whitfield, Whitfield Associates; 1100 S. Coast Highway, Ste 201, Laguna Beach, CA 92651 Consultant: Stephen B. Julian, The Julian Company, 31878 Del Obispo Street, San Juan Capistrano, CA 92675 ' Written Communication: Report dated June 2, 1998 from the Planning Director advising that the applicant proposed to construct two automobile dealerships to market both new and used vehicles. The Report noted that this project would not be subject to the potential development moratorium as non- residential projects of less than 10 useable acres would be exempt. The site under consideration consists of a useable area of 8.91 acres. The Report noted that the subject property had been zoned Commercial Manufacturing when the City's Official Zoning Map was adopted in 1975. It had been rezoned to Planned Development only to facilitate the development of a destination hotel/office/conference center at the gateway to the City. The applicant proposed to lower the site by 40 feet to limit visibility of the structures from the adjacent freeway which necessitates removal of the existing trees. In addition, a significant number of the existing trees were found to be diseased or in decline and thus would not be viable candidates for replanting. Staff recommended approval of the landscape and tree removal plan, with conditions of approval, including that all new trees should have a minimum height of 20 feet and a trunk caliper of 8 inches. The landscape palette included seven varieties of trees and 24 species of shrubs, vines and groundcover. Plants selected were largely native to California and Orange County to compliment the Mediterranean architectural theme to help integrate the project into the community. A blueprint and color representation of the landscape plan were on display, as well as visual simulations. John Grace, Assistant Planner, gave an oral presentation, and noted that the request was for two automobile dealerships, with parking for 740 cars. He advised that the City Council Minutes -9- 6/2/98 184 proposal was consistent with the surrounding area and staff recommended approval of the rezoning. On the landscape plan, he advised that a reasonable facsimile of existing trees would be provided. He recommended that the City Council establish binding business hours for the Honda service facility and require that the service doors remain closed during the evening hours. Council Questions: Council Member Swerdlin asked about the lighting and what accommodations had been made to prevent glare points for neighboring residents. Mr. Grace responded that cutoff screens were required and a limitation on hours which required two-thirds of the lighting to be extinguished by 10:30 p.m. Mr. Tomlinson, Planning Director, noted that there was a natural berm between the Toyota dealership and the proposed Honda site which would screen much of the lighting and the light fixtures themselves were required to be of the horizontal cutoff type. Council Member Greiner noted that the material and lighting for the monument signs was not indicated. Mr. Grace advised that sign would externally -illuminated, pursuant to the Code. Mr. Greiner also stated that he felt the parking area that protrudes at the corner of the site was overkill and he would like to see that removed. Council Member Campbell stated her desire to view renderings that actually show the true size of the trees that will be planted. Public Hearine: Notice having been given as required by law, Mayor Jones opened the Public Hearing and the following persons responded. (1) Stephen B. Julian, 31878 Del Obispo, consultant to the applicant, provided a brief history of the site and spoke in support of the project. He advised that the site had been neglected in more recent years and the trees on the property were in a state of serious decline. He pointed out that there would be more trees than are currently on the site, and more than any other auto dealership or commercial project in the City. He further indicated that the applicant had responded to every request of staff, the Design Review Committee, the Planning Commission and the Transportation Commission. They had made a good faith effort to produce a project which would be a positive asset to the City and would be good neighbors to surrounding residents. In responding to concern of neighboring residents, he noted there would be no outside address system, all lighting would be directed away from the residential area and no lights were on the areas of the buildings facing those residents. He further noted that landscaping was proposed at the rear of the property to retain the image of the hill. He addressed concerns about lowering the site, noting that the need to lower the site addressed concerns regarding the Americans with Disabilities Act. He indicated that the manager of the Honda facility felt there would be no problem responding to the concerns regarding hours of operation. He discussed in detail the landscaping plan as it related to the tree pallette. City Council Minutes -10- 6/2/98 185 (2) Patrick Murphy, with the firm of Foresman, Summers and Murphy in Dana Point, the ' landscape architect, indicated on the landscape plan that the hilltop would be preserved with trees true to the area. The trees would be placed in groupings, with trees on the rear crib wall to mitigate views from the valley. He noted that mature trees would be planted at the front of the property and concrete art would be incorporated into the entrance to provide a more stately entry. He advised that the exterior of the buildings would be softened with landscaping. (3) Bobby Decker, 26000 Avenida Aeropuerto, stated that the land was historical and provided natural sound barriers which would be lost with the proposed grading. When Toyota was built the residents heard the freeway for the first time. She felt Toyota would have been willing to install a sound wall; a crib wall with this project was not satisfactory. She had an expert look at those trees and would show Council those reports at a later time. The residents of the valley would be severely impacted and she felt the City was not listening to their concerns. (4) Claude Ellington, 33831 Camino Capistrano, a resident of Villa San Juan Mobile Home Park, stated he was not necessarily opposed to the project but was concerned at what appeared to be a determined effort to bring an "automobile row" to the area and the resulting impacts on residents. He felt it would be helpful for someone to visit the Park to address concerns. ' (5) Pat Furnell, 26000 Avenida Aeropuerto, felt strongly that the entire nation was being lost for the sake of the "bottom line." She felt the City should be developed historically and the City's value was being lost. She expressed opposition to the proposed color scheme and terracing of the hill. (6) Mary Ellen Heller, 26000 Avenida Aeropuerto, voiced her concern at the removal of 40 feet of the site, noting that the hill was the only barrier against freeway noise. (7) Lucy Austin, 26000 Avenida Aeropuerto, stated that Section 9-3.505 of the City's Municipal Code provided for preservation of natural topographical features. She also indicated that Toyota personnel had stated they had attempted to purchase the site to provide a park but were turned down by the City. Consultant's Response: Mr. Julian indicated that the site was already a terraced site. He assured the Council that every effort was being made to retain the hill behind the dealership to provide as much of a sound barrier as possible. He felt the applicant had listened carefully to concerns regarding noise. He noted that the buildings would also block some of the freeway traffic noise. When looking at the position of the mobile home park, the hill would still be there to block noise. He mentioned also that every effort had been made to provide a nice "garden -like" setting, and also advised that a portion of the site had been offered to the Toyota dealership but there ' had been no response. City Council Minutes -11- 6/2/98 186 There being no further response, the Public Hearing was declared closed. RECESS AND RECONVENE Council recessed at 8:32 p.m. and reconvened at 8:40 p.m. Staff Comments: For clarification purposes, George Scarborough, City Manager, advised that Toyota had made a proposal for the parcel in which they wanted to flatten the area for use as a used car lot, not a park. He further advised that the City -owned parcel had been acquired by the use of Federal highway funds during the Stonehill development. Proceeds of the sale went to repay those funds. Council Comments: Council Member Swerdlin felt that the end product was the best use of the land and that the noise and lighting issues had been dealt with satisfactorily. The use was compatible with the area and although he was concerned about the grading of the land, he felt that if the site was not lowered the buildings would be too prominent. He would support the application. Council Member Greiner felt that the proposed project was the best use for the site and the only design element with which he had a problem was that of the projection containing a vehicle display area. He would support the application. Council Member Hart felt that the project was sensitive to the needs of the neighbors; the property was privately owned and the owner had a right to develop it. He would also support the project. Council Member Campbell asked if the remaining knoll would prevent any increase in noise to the Mobile Home Park. Mr. Tomlinson, Planning Director, advised that the natural land form and the placement of the buildings would provide noise buffers. Council Member Campbell further asked to be assured that the trees planted would be large enough to reflect the landscape rendering. Mr. Tomlinson noted that the conditions of approval included specific height and trunk diameter requirements to ensure mature trees. Mayor Jones stressed that the City Council and staff worked hard to maintain the historic traditions of the City as much as they possibly could. For this project, he felt that a lot of thought and effort had gone into the process to make it the best possible project for the site. Approval of Mitigated Negative Declaration and Tree Removal Permit: It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the following Resolution approving a mitigated negative declaration and tree removal permit be adopted as amended to remove the reference to Home Depot; to add designated hours of service designated; to require service doors to be closed during evening hours; and, the promontory parking area be removed: City Council Minutes -12- 6/2/98 187 ' RESOLUTION NO. 98-6-2-7 CONFIRMING MITIGATED NEGATIVE DECLARATION AND APPROVING TREE REMOVAL PERMIT AND LANDSCAPE PLAN ASSOCIATED WITH ARCHITECTURAL CONTROL 97-8 (WESELOH CHEVROLET AND HONDA I - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING A MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVING A TREE REMOVAL PERMIT AND LANDSCAPE PLAN ASSOCIATED WITH THE CONSTRUCTION OF TWO AUTOMOBILE DEALERSHIPS LOCATED AT THE NORTHWEST CORNER OF CAMINO CAPISTRANO AND STONEHILL DRIVE (ASSESSOR'S PARCEL NUMBERS 121-240-19, 121-240-74, AND 121-254-41) (WESELOH CHEVROLET AND HONDA) The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None ' Introduction of Ordinance Approving Rezone: The City Clerk 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 Council Member Hart, seconded by Council Member Swerdlin that the following Ordinance be introduced: APPROVING REZONE 97-9 - WESELOH CHEVROLET/HONDA - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 97-9 TO CHANGE THE CURRENT ZONING DESIGNATION ON PROPERTY KNOWN AS ASSESSOR'S PARCEL NUMBERS 121-240-19,121-240-74 AND 121- 254-41 FROM PLANNED DEVELOPMENT (PD) TO COMMERCIAL MANUFACTURING (CM) AND AMENDING THE CITY'S OFFICIAL ZONING MAP TO REFLECT THE CHANGE (WESELOH CHEVROLET/HONDA - NORTHWEST CORNER OF CAMINO CAPISTRANO AND STONEHILL DRIVE) The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None City Council Minutes -13- 6/2/98 188 ESTABLISHMENT OF NUMERICAL LIMITS FOR CALENDAR YEARS 1999- 2001 AND THE RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1998-2001 (RESIDENTIAL GROWTH MANAGEMENT PROGRAM)_ 440.50 Proposal: Proposed establishment of a numerical limit of 400 residential building permits annually for the succeeding three and allocation of the those permits to eligible residential developments. Written Communication: Report dated June 2, 1998 from the Planning Director advising that the recommended action was consistent with the City's Growth Management Regulations. Public Hearin: Notice having been given as required by law, Mayor Jones opened the Public Hearing. There being no response, he declared the Public Hearing closed. Adoption of Resolution Establishing Numerical Limits for Calendar Years 1999-2001: It was moved by Council Member Hart, seconded by Council Member Swerdlin that the following Resolution establishing a numerical limit of 400 residential building permits annually for Calendar Years 1999-2001 be approved: RESOLUTION NO. 98-6-2-8, ESTABLISHING NUMERICAL LIMITS FOR CALENDAR YEARS 1998 THROUGH 2000 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NUMERICAL LIMITS FOR CALENDAR YEARS 1998 THROUGH 2000 CONSISTENT WITH TITLE 9, CHAPTER 7, RESIDENTIAL GROWTH MANAGEMENT The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None Adoption of Residential Allocation Schedule for Calendar Years 1998-2001: It was moved by Council Member Swerdlin, seconded by Council Member Greiner, that the following Resolution approving the Residential Allocation Schedule for Calendar Years 1998-2001 be adopted: City Council Minutes -14- 6/2/98 189 ' RESOLUTION NO. 98-6-2-9 APPROVING RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1998 THROUGH 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1998 THROUGH 2001 PURSUANT TO TITLE 9, CHAPTER 7, RESIDENTIAL GROWTH MANAGEMENT The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None RECESS AND RECONVENE Council recessed at 8:58 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and Capistrano Valley Water District and reconvened at 9:12 p.m. ' ADMINISTRATIVE ITEMS CITY MANAGER INTRODUCTION OF 1998-1999 OPERATING BUDGET (330.20) Written Communications: Report dated June 2, 1998 from the Administrative Services Director introducing the Fiscal Year 1998-99 Operating Budget. The Report advised that the City's overall proposed operating budget was approximately 2.3% higher that last fiscal year. The proposed general fund operating budget reflected a proposed surplus for Fiscal Year 1989-99 of $91,574. Cynthia Pendleton, Administrative Services Director, gave an oral presentation in which she advised that there had been an increase in sales tax, both from new businesses and from an increase in retail sales. She recommended that the City Council review the proposed budget and continue discussion until the public hearing set for June 16, 1998. Motion to Continue Discussions to a Public Hearing on June 16, 1998: It was moved by Council Member Campbell, seconded by Council Member Greiner, and carried unanimously, that the discussions on the proposed budget be continued to the Public Hearing on June 16, 1998. City Council Minutes -15- 6/2/98 190 2. APPROVAL OF ALLOCATION OF FUNDS FORA MANAGEMENT ANALYST I POSITION (700.20) Written Communication: Report dated June 2,1998 from George Scarborough, City Manager, requesting authorization to allocate $57,100 to fund a Management Analyst I position in the Engineering and Building Department. The Report advised that due to an increased workload, the Department Director had identified a need for additional general administrative support in the department. Julia Rushing, Management Analyst II, made an oral presentation and advised that this position would handle the budget, attend SERRA meetings, coordinate some projects and handle emergency planning. Approval of Allocation of Funds for a Management Analyst I Position: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and unanimously carried, to authorize the allocation of $57,100 to fund a Management Analyst I position in the Engineering and Building Department. PLANNING DIRECTOR ADOPTION OF INTERIM URGENCY ORDINANCE ESTABLISHING A MORATORIUM ON PROCESSING DEVELOPMENT APPLICATIONS FOR SPECIFIC LAND USES WITH THE CT (TOURIST COMMERCIAL) AND CG (GENERAL COMMERCIAL) DISTRICTS (CITY OF SAN JUANCAPISTRANO) (420.30) Written Communication: Report dated June 2, 1998 from the Planning Director requesting consideration of an Interim Urgency Ordinance establishing a moratorium on processing development applications for specific land uses within the CT (Tourist Commercial) and CG (General Commercial) Districts. In response to the moratorium on restaurants with drive-through facilities, staff had also begun an investigation into other similar land uses that could cause similar problems or create an environment contrary to the overall intent and purpose of the provisions of the General Plan. He further noted that the correct term for liquor stores referenced in the Ordinance was "off-site premise sales of alcohol." Thomas Tomlinson, Planning Director, gave an oral presentation in which he noted that this Interim Urgency Ordinance would allow a planning study to be done on uses, which although currently permitted or conditionally permitted, might not be appropriate for the central commercial core of the City. Public Comments: (1) Ken Hodges, 26000 Avenida Aeropuerto, told the Council that he was interested in the proposed moratorium being considered at the next meeting and indicated there _ would be certain questions asked at that meeting. He asked how the City did feasibility studies when development applications were received. Mr. Tomlinson City Council Minutes -16- 6/2/98 191 responded that the General Plan designates uses allowed for a particular site. The purpose of the proposed moratorium would be to prepare an update of the General Plan, as well as preparing a financial audit of the General Plan to assure a sustainable community. Introduction of Interim Urgency Ordinance Establishing a Moratorium on the Processing of Development Applications for Specific Land Uses: The City Clerk 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 Council Member Greiner, seconded by Council Member Swerdlin, that the following Interim Urgency Ordinance be adopted as amended to reflect a change in wording from "liquor stores" to "off- site premise sales of alcohol" : The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None City Council Minutes -17- 6/2/98 INTERIM URGENCY ORDINANCE NO. 815, ESTABLISHING A MORATORIUM ON PROCESSING OF DEVELOPMENT APPLICATIONS - TOURIST COMMERCIAL (CT) AND GENERAL COMMERCIAL (CGT) DISTRICTS (URGENCYI - AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT APPLICATIONS FOR GASOLINE STATIONS WITH MINI -MARTS, CONVENIENCE STORES, POOL HALLS OR BILLIARD CENTERS, COSMETOLOGY (BARBER & BEAUTY) SCHOOLS, PAWN SHOPS, CHECK CASHING SERVICES, ' AUTO PARTS & SUPPLY, OFF-SITE PREMISE SALES OF ALCOHOL, BINGO PARLORS AND MORTUARIES LOCATED IN THE CT (TOURIST COMMERCIAL) AND CG (GENERAL COMMERCIAL) DISTRICTS, ADOPTED IN CONFORMANCE WITH CALIFORNIA GOVERNMENT CODE, SECTION 65858(a) TO ALLOW A PLANNING STUDY TO EVALUATE THE IMPACTS OF SAID LAND USES ON THE COMMUNITY BASED UPON THE FINDINGS THAT SUCH MORATORIUM IS NECESSARY TO RESPOND TO A POSSIBLE IMMEDIATE THREAT TO THE PUBLIC'S HEALTH, SAFETY AND WELFARE The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None City Council Minutes -17- 6/2/98 192 2. APPROVAL OF INTRODUCTION OF ORDINANCE APPROVING REZONE 96- 5 FOR PROPERTY LOCATED AT 32731 SAN JUAN CREEK, AND RESOLUTIONS APPROVING GENERAL PLAN AMENDMENT 95-3 ARCHITECTURAL CONTROL 96-9 (RESCO/SHURGARD/SCHAUWECKER (460.20/440.25/410.60) Written Communication: Report dated June 2, 1998 from the Planning Director recommending confirmation of the mitigated negative declaration and approval of the General Plan Amendment and Rezone application. The applicant has proposed a 92,165 -square -foot self -storage facility on a 2.435- acre site located at 32731 San Juan Creek Road. The project consists of seven one- story structures around the perimeter of the site and two two-story structures located in the central portion of the site. At its May 19, 1998 meeting, the City Council reconsidered the applicant's proposal and approved the General Plan Amendment and Rezone application. Mr. Tomlinson, Planning Director, gave an oral presentation advising that, pursuant to the last City Council meeting, he had prepared the implementing resolutions and draft ordinance. The lighting plan and architectural designs were on display. Council Questions: Council Member Swerdlin asked if any consideration had been given to the visibility of the roof area to the residents of the slope on Glen Fed. Mr. Tomlinson indicated that those _ residences were too far away to be affected. Mr. Swerdlin also asked if storage of hazardous materials was prohibited; Mr. Tomlinson confirmed that it was. He further questioned whether this required a public hearing. The City Attorney advised that the hearing had already been held and closed. Public Comments: (1) Mitch Mitchell, 32215 Via Barrida, a resident of San Juan East, expressed concern that the proposed zoning change would destroy the balance of the area and negatively impact property values. (2) Burton Sims, a resident of San Juan East, opposed the rezone and felt that those who supported the project were not considering the long-range impact on the area. He noted that the land occupied by Plant Depot was, in fact, owned by the Huish Family Fun Center company who had indicated to him that they intended to develop that site at a later date. He requested the City Council continue the item for further discussion. Council Comments: Council Member Campbell reiterated her concerns at the change in land use designation and explained her position in opposition to the rezone. She felt services were needed in the area and listed the various type of development that would be allowed with a Conditional Use _ Permit, other than recreation. She felt land values would be negatively impacted. She City Council Minutes -18- 6/2/98 193 further indicated she had historically opposed to the loss of recreational land and would continue to do so. Council Member Swerdlin concurred with Mrs. Campbell and noted that he had always felt this was a land use issue; he further felt that all three parcels between the retirement home and the freeway should have been considered together. He felt the view corridor would be negatively impacted. Adoption of Resolution Confirming Mitigated Negative Declaration: It was moved by Council Member Greiner, seconded by Council Member Hart, that the following resolution certifying a Mitigated Negative Declaration be adopted: RESOLUTION NO. 98-6-2-10, CONFIRMING A MITIGATED NEGATIVE DECLARATION (RESCO DEVELOPMENT/SHURGARD STORAGE/SCHAUWECKER) - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT 95- 03, REZONE 96-05 AND ARCHITECTURAL CONTROL 96-09, FOR DEVELOPMENT OF A SELF -STORAGE FACILITY AT 32731 SAN JUAN CREEK ROAD (RESCO DEVELOPMENT/SHURGARD STORAGE/S CHAU WECKER) ' The motion carried by the following vote: AYES: Council Members Greiner, Hart and Mayor Jones NOES: Council Members Campbell and Swerdlin ABSENT: None Adoption of Resolution Approving General Plan Amendment: It was moved by Council Member Hart, seconded by Council Member Greiner, that the following resolution approving a General Plan amendment be adopted: RESOLUTION NO. 98-6-2-11, APPROVING GENERAL PLAN AMENDMENT 95-3 (RESCO DEVELOPMENT/SHURGARD STORAGE/SCHAUWECKER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 95-3 TO CHANGE THE GENERAL PLAN DESIGNATION OF THE PROJECT SITE FROM PUBLIC INSTITUTIONAL TO SPECIAL STUDY FOR PROPERTY LOCATED AT 32731 SAN JUAN CREEK ROAD (RESCO DEVELOPMENT/SHURGARD STORAGE/SCHAUWECKER) ' The motion carried by the following vote: City Council Minutes -19- 6/2/98 194 AYES: Council Members Greiner, Hart and Mayor Jones NOES: Council Members Campbell and Swerdlin ABSENT: None Introduction of Ordinance Approving Rezone: The City Clerk 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 Council Member Hart, seconded by Council Member Greiner, that the following Ordinance be introduced: APPROVING REZONE 96-5 AND ADOPTING SPECIFIC PLAN 97-1 (RESCO DEVELOPMENTISHURGAR D STORAGE/SCHAUWECKER)- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 96-5 AND ADOPTING SPECIFIC PLAN 97-1 FOR A 92,165 -SQUARE -FOOT SELF -STORAGE FACILITY TO BE LOCATED ON A 2.435 -ACRE PARCEL OF LAND AT 32731 SAN JUAN CREEK ROAD (RESCO DEVELOPMENT/SHURGARD STORAGE/ SCHAUWECKER) The motion carried by the following vote: AYES: Council Members Greiner, Hart and Mayor Jones NOES: Council Members Campbell and Swerdlin COMMUNITY SERVICES DIRECTOR APPROVAL OF TEMPORARY EXTENSION OF EVENING BALLFIELD LIGHTING AND USE OF AMPLIFICATION AT THE SAN JUAN CAPISTRANO SPORTS PARK, HAUSDORFER FIELD (SAN JUAN LITTLE LEAGUE) (920.10) Written Communication: Report dated June 2, 1998 from the Community Services Director recommending approval of the Little League's request to extend ball field lighting and amplification use until 10:45 p.m. on August 3, 4, 5 and 10, 1998. The Little League will be hosting a year-end National All-Star Tournament from July 6 through August 15, 1998 at Hausdorfer Field at the Sports Park. With the exception of the 4 dates requested, the remaining game schedules and times comply with Administrative Policies #607 and #508. Although the organization was requesting an extension until 10:45 p.m. on those dates, it was anticipated that the games would conclude between 9:30 p.m. and 10:00 p.m. The Report noted that during last year's games, with similar extensions of lighting and amplification use, no negative comments had been received from adjacent residents. City Council Minutes -20- 6/2/98 195 Approval of Request: It was moved by Council Member Hart, seconded by Council Member Swerdlin, and carried unanimously, to approve the request to extend ball field lighting and amplification use until 10:45 p.m. on August 3, 4,5 and 10. ORDINANCES APPROVAL OF REZONE 97-5 (VALLE ROAD SELF-STORAGE/NESS) (460.201 (ADOPTION) Written Communication: Report dated June 2, 1998 from the City Clerk advising that the Ordinance was introduced at the meeting of May 19, 1998 and was scheduled for adoption. Adoption of Ordinance: The City Clerk 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 Council Member Swerdlin, seconded by Council Member Hart, that the following Ordinance be adopted: ORDINANCE NO. 816 APPROVING REZONE 97-5 - VALLE ROAD SELF-STORAGE/NESS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING REZONE 97-5 AND ADOPTING PRECISE PLAN 97-6 FORA 107,358 -SQUARE FOOT SELF - STORAGE FACILITY TO BE LOCATED AT THE CONFLUENCE OF INTERSTATE 5 AND VALLE ROAD (VALLE ROAD SELF- STORAGE/NESS) The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart and Mayor Jones NOES: Council Member Campbell ABSENT: None COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES a. Library Advisory Board (950.20) Council Member Greiner reported that the Board met on May 28,1998 and began the budget process. City Council Minutes -21- 6/2/98 196 b. Orange County Waste Management Commission (8 10. 10) Council Member Greiner advised that he would be attending the meeting on June 3, 1998 of the South County Household Hazardous Waste Committee. Joint Powers Insurance Authority 070.30) Council Member Swerdlin noted that the Authority had begun work on its budget and construction had begun on the new facility. d. Orange County Vector Control District (,560.50) Council Member Swerdlin stated that he would report on the Vector of the Month at the next Council meeting. COUNCIL COMMENTS 1. EMPLOYEE COMMENDATION (730.90) Council Member Campbell noted that a letter dated June 1, 1998 had been received from Robert Nieminem, commending Jack Galaviz for his response to a request for sidewalk repairs. The City Manager advised he would respond. 2. PROPOSED MORATORIUM (440.20) Mayor Jones requested that the June 16, 1998 agenda item concerning a proposed moratorium address how such a moratorium would be implemented and the length of the process involved. He also requested that consideration be given to exempting senior housing and related uses from the moratorium. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:00 p.m. to the Tuesday, June 9, 1998, at 4:30 p.m., in the City Council Chambers. Respectfully submitted, SERYL JO O , CITY CLERK City Council Minutes -22- 6!2198 197 NOTICE OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano, California, at its Regular meeting of June 2, 1998, adjourned said meeting to Tuesday, June 9, 1998, at 4:30 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. DATED: June 3, 1998 Cheryl John i, Cify Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) ' I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano do hereby declare that the above Notice was posted at or near the door of the City Council Chamber on June 3, 1998. I declare under penalty of perjury that the foregoing is true and correct. Cheryl Johns Clerk San Juan Capistrano, California