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97-0304_CC_Minutes_Regular MeetingMARCH 4, 1997 ' 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 Swerdlin at 5:00 p.m. in the City Council Chamber for Closed Session. ROLL CALL: PRESENT: David M. Swerdlin, Mayor Gil Jones, Mayor pro tem Collene Campbell, Council Member John Greiner, Council Member Wyatt Hart, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk. CLOSED SESSION (610.85) Council recessed to a Closed Session at 5:00 p.m., with the City Clerk excused therefrom, for: ' 1. Conference with Real Property Negotiator per Government Code Section 54956.8 for an update regarding the status of negotiations for sale of the property known as Assessor's Parcel No. 649-361-02, with Grubb and Ellis, negotiating party; and 2. Conference with Legal Counsel per Government Code Section 54956.9(b)(2)(E), regarding Robert King's appeal of the Negative Declaration Determination for the Resco development. RECESS AND RECONVENE Mayor Swerdlin indicated there were no actions to report on any Closed Session items. The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Swerdlin at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Ryan Newman, Youth Minister at St. Margaret of Scotland Episcopal Church. ROLL CALL: PRESENT: David M. Swerdlin, Mayor Gil Jones, Mayor pro tem Collene Campbell, Council Member John Greiner, Council Member Wyatt Hart, Council Member I ABSENT: None City Cou it Minutes -1- 3/4/97 ,.. 100 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; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arrahaga, Public Lands and Facilities Director; Al King, Jr., Community Services Director; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi, Recording Secretary. DEDICATION OF MEETING Mayor Swerdlin announced that the meeting was dedicated to the memory of Mrs. Sho Kinoshita, who passed away on Saturday, March 1, 1997. She was the wife of Sanji Kinoshita and mother of Shig and Bobby Kinoshita, and the family is recognized for their support of agriculture in the community since 1955. INTRODUCTIONS PRESENTATIONS AND DONATIONS PROCLAMATION DESIGNATING FEBRUARY 1 THROUGH APRIL 30, 1997, AS FIESTA DE LAS GOLONDRINAS (610.40) Written Communication: Report dated March 4, 1997, from the City Clerk, forwarding the Proclamation and summarizing the schedule of activities during the Fiesta celebration. Approval and Presentation of Proclamation: Mayor Swerdlin read the Proclamation in full. The Proclamation was presented to Jeff Schroeder, President of the Fiesta Association, who expressed appreciation to the Council and City staff for their support. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Greiner introduced the following Commission representatives in attendance: Bill Sonka and Ed Johnson (Planning Commission), Pauline Leonard (Parks, Recreation, and Equestrian Commission), David Belardes and Don Tryon (Cultural Heritage Commission), Maryrose Winkler (Mobile Home Park Review Committee), Jessica Dean, Janice Palermo, and JoAnn deGuevara (Housing Advisory Committee), Tom Facon (Chamber of Commerce), and AI Simmons (seniors liaison to the City). ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYI COMPLAINTS - CAPISTRANO TERRACE SEWER SYSTEM (450 701 Frank Orlik, 32802 Valle Road, Space 141 (Capistrano Terrace Mobilehome Park), submitted copies of his letter dated March 4, 1997, to the City requesting assistance in resolving the problem of raw sewage emptying into the storm drains at his mobilehome park. He stated that a record of the park's plumbing repairs would prove the extent of the damage from roots City C.noil Minutes -2- 3/4/97 101 to the park's sewer system. For example, he cited that on March 10, 1996, raw sewage from ' 60-70 mobilehomes emptied into the park's storm drain for about 10-12 hours before the break, which was caused by large tree roots, was repaired by plumbers. Mr. Scarborough indicated he would meet with Mr. Orlik and keep him informed of the City's investigation into this matter. Mayor Swerdlin requested that the Council be kept apprised of any actions taken. 2. TASTE OF SAN JUAN (150.60) Rita Tanner Propersi announced that the Taste of San Juan Capistrano held two weeks ago was a complete success. She expressed appreciation to Mayor Swerdlin, the City Manager, and Mechelle Lawrence for their assistance and participation. CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Hart, 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 Campbell, Greiner, Hart, Jones, and Mayor Swerdlin ' NOES: None ABSENT: None MOTION TO READ ORDINANCE BY TITLE ONLY The reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES a. Special Meeting of February 3- 1997 The Minutes of the Special Meeting of February 3, 1997, were approved as submitted. b. Adiourned Regular Meeting of February 4- 1997 The Minutes of the Adjourned Regular Meeting of February 4, 1997, were approved as submitted. City Comcil Minutes -3- 3/4/97 102 C. Regular Meeting of February 4. 1997 The Minutes of the Regular Meeting of February 4, 1997, were approved as submitted. RECEIVE AND FILE WARRANTS OF FEBRUARY 12 1997 (300,30) The List of Demands dated February 12, 1997, in the total amount of $217,957.62 was received and filed. 4. AWARD OF CONTRACT - 1996-97 PREVENTATIVE STREET MAINTENANCE VIA ALIFORNIA/CAMINO LAS RAMBLAS AVENIDA AEROPUFRTO MISSION HILLS AND CAPISTRANO VILLAS SPEED BUMPS (CIP NOS 119,121,134 AND 13 5) (HQLLAND-LOWS CONSTRUCTION. INC.) (600,30) As set forth in the Report dated March 4, 1997, from the Engineering and Building Director, the contract for preventative street maintenance for fiscal year 1996-97 was awarded to Holland -Lowe Construction, Inc. in the amount of $164,117.85 for the following Capital Improvement Projects: Via California/Camino Las Ramblas, Avenida Aeropuerto, Mission Hills, and Capistrano Villas Speed Bumps (CIP Nos. 119, 121, 134 and 135). All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 5. AWARD OF CONTRACT - 1997-99 CITY SANITARY SEWER LINE MAINTENANCE (EMPIRE PIPE CLEANING & EQUIPMENT. INC.) (600.30) As set forth in the Report dated March 4, 1997, from the Engineering and Building Director, the contract for maintenance of the City's sanitary sewer lines was awarded to Empire Pipe Cleaning & Equipment, Inc. at a cost of $.125 per linear foot and $140.00 per hour for the first two hours of emergency response and for each hour thereafter, not to exceed $72,000 per year, for the two-year period beginning July 1, 1997, and ending June 30, 1999. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 6. APPROVAL OF LICENSE AGREEMENT EXTENSION FOR TEMPORARY PI MPINSTATION AND PIPELINES - AVENIDA DE LA VISTA (SHIBATA) 600.30 As set forth in the Report dated March 4, 1997, from the Engineering and Building Director, Agreement Amendment No. 1 to the License Agreement with Mr. Hideo Shibata allowing the City to access, maintain, and operate a temporary pumping station and associated pipework on Mr. Shibata's property was approved extending the Agreement through December 31, 1998, at a cost to the City of $500 per month. The Mayor was authorized to execute the Amendment on behalf of the City. City COMM Minutes q_ 3/4/97 103 7. APPROVAL OF CONTRACT EXTENSION FOR AMBULANCE SERVICE ' (MEDIX AMBULANCE SERVICE) (600.30) As set forth in the Report dated March 4, 1997, 1997, from the Assistant City Manager, the contract with Medix Ambulance Service was extended for a 180 -day period ending June 30, 1997, under the same terms, to provide continued ambulance service to the City during review of the Emergency Medical Service System Design proposal. 8. DENIAL OF CLAIM FOR DAMAGES (KATHERINE KEYES) (170.10) The Claim for Damages filed by Katherine Keyes was denied in its entirety, as set forth in the Report dated March 4, 1997, from the City Attorney. 9. EL CAMINO REAL PARKING LOTS LIGHTING (LAKE FOREST ELECTRIC) .00 As set forth in the Report dated March 4, 1997, from the Engineering and Building Director, the following Resolution was adopted declaring the work for Capital Improvement Project, El Camino Real Parking Lots Lighting, to be complete: RESOLUTION NO. 97-3-4-1. COMPLETION OF EL CAMINO REAL ' PARKING LOTS LIGHTING (LAKE FOREST ELECTRIC) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE EL CAMINO REAL PARKING LOTS LIGHTING (LAKE FOREST ELECTRIC) The Resolution accepted the work as complete in the amount of $112,946 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $11,294.60 thirty-five (35) days after recording the Notice of Completion. 10. AUTHORIZATION TO USE AMPLIFICATION ADDRESS SYSTEM - SEASON GRAND OPENING CEREMONIES FOR SAN JUAN LITTLE LEAGUE AND CAPISTRANO VALLEY BOBBY SOX (920.10) As set forth in the Report dated March 4, 1997, from the Planning Director, permission was granted for the use of an amplification address system for the season's Grand Opening ceremonies for San Juan Little League and Capistrano Valley Bobby Sox at the Sports Park on March 15, 1997. City Comeil Minutes -5- 3/4/97 104 U111-19 : 1 1. TENTATIVE PARCEL MAP 96-159 TO SUBDIVIDE PROPERTY LOCATED AT 27000 ORTEGA HIGHWAY (FORMER TINY NAYLOR' S SITE) INTO THREE PARCELS (SCHWARTZ) (420,70) (CONTINUED FROM FEBRUARY 4. 1997) Proposal: Consideration of a request to subdivide a 1.5 -acre parcel located at 27000 Ortega Highway into three parcels to provide a common parcel for parking and a parcel each for a Del Taco and a Burger King restaurant. The public hearing was continued from the meeting of February 4, 1997, to allow additional time for staff and the applicant to reach a consensus on revised language regarding potential public improvements on Del Obispo Street. Applicant: S. Alan Schwartz, 1088 Irvine Blvd., Tustin, CA 92680 Written Communications: Report dated March 4, 1997, 1997, from the Planning Director, recommending that the public hearing be continued to the meeting of March 18, 1997, as requested by the applicant, to allow additional time to reach a consensus with City staff on revised language regarding potential public improvements on Del Obispo Street. Continuation of Hearing: Notice having been given as required by law, Mayor Swerdlin reopened the Public Hearing. There was no response, it was moved by Council Member Campbell, seconded by Council Member Hart, and unanimously carried that the public hearing be continued to the meeting of March 18, 1997, at the request of the applicant. Staff was directed to renotice interested persons of the continuance. 2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ESTABLISHING RULES REGULATIONS. AND LIMITATIONS ON THE USE OF PERMANENTLY EXPOSED STRING LIGHTS (420.30) Proposal: Consideration of an amendment to Section 9-3.614 of the Municipal Code which would 1) permit the installation of permanent, exposed string lighting on a limited basis to highlight buildings located in the City's commercial districts, 2) permit the installation of temporary, exposed seasonal string lighting during the holiday season between the third Saturday in November to New Year's Day, 3) provide a 60 -day grace period to allow owners with existing string lights installed to make application to the City for review and approval, 4) authorize the Planning Director to approve architectural and landscape highlighting applications rather than the Planning Commission, and 5) include requirements for maintenance of permanent string lights. City Council Minutes -6- 3/4/97 105 Applicant: ' City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Written Communications: (1) Report dated March 4, 1997, from the Planning Director, recommending that the proposed Ordinance be introduced. The Report noted that the suggestions of the Planning Commission and Chamber of Commerce had been included in the Ordinance. The Report also recommended that a fee be established for processing applications requiring Planning Commission approval at a reduced level of $100 during the 60 -day grace period for businesses with existing strong lights. (2) Letter dated February 26, 1997, from Tom Facon, Executive Director/CEO of the San Juan Capistrano Chamber of Commerce, in support of the proposed Amendment, particularly a 60 -day grace period, with reduced fees, for those businesses submitting applications for existing string lighting. Mr. Tomlinson made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. ' Introduction of Ordinance Regulating Exposed String Lighting: The City Clerk read the tide of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Ordinance be introduced: AMENDING TITLE 9 OF THE MUNICIPAL CODE - PERMANENTLY EXPOSED STRING LIGHTS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9-3.614 OF THE MUNICIPAL CODE (EXTERIOR LIGHTING) ESTABLISHING RULES, REGULATIONS AND LIMITATIONS ON THE USE OF PERMANENTLY -EXPOSED STRING LIGHTS IN CG (GENERAL COMMERCIAL), CT (TOURIST COMMERCIAL), FM (FARM MARKET), AND CN (NEIGHBORHOOD COMMERCIAL) DISTRICTS OF THE CITY, ALLOWING TEMPORARY SEASONAL EXPOSED STRING LIGHTS DURING THE PERIOD BETWEEN THE THIRD SATURDAY IN NOVEMBER AND NEW YEAR'S DAY, MODIFYING THE APPROVAL OF ARCHITECTURAL AND LANDSCAPE HIGHLIGHTING APPLICATIONS FROM THE PLANNING COMMISSION TO THE PLANNING DIRECTOR, AND AMENDING SECTION 9-3.614 TO INCORPORATE REQUIREMENTS FOR THE MAINTENANCE OF PERMANENT STRING LIGHTS I The motion carried by the following vote: City Comoil Minutes -7- 3/4/97 106 AYES: Council Members Campbell, Greiner, Hart, Jones, and Mayor Swerdlin NOES: None ABSENT: None Approval of Reduced Fee During 60 -Day Grace Period: It was moved by Council Member Jones, seconded by Council Member Greiner, and unanimously carried that a reduced fee of $100 be established during the 60 -day grace period for processing all string lighting applications requiring Planning Commission approval for business with existing string lighting. 3. GENERAL PLAN AMENDMENT 93-2 REVISED HOUSING ELEMENT 440.25 Proposal: Consideration of proposed amendments to the Housing Element of the City's General Plan which responds to comments received from the State Housing and Community Development Department and includes a detailed strategy for accomplishing the goals of the City's previously -adopted HOPE Plan. The modifications will bring the Plan into compliance with changes in housing legislation and allow the City to obtain State certification of the Plan. A State -certified Plan is required for participation in the State's "Small Cities" grant program, which will assist the City in carrying out the program goals outlined in the Housing Element. The revised Plan was reviewed and approved by both the City's Housing Advisory Committee and the Planning Commission, and their recommendations were incorporated into the document. Applicant: City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Written Communication: Report dated March 4, 1997, from the Planning Director, recommending that the proposed amendments to the Housing Element be approved. Mr. Tomlinson made an oral presentation. He recommended that page 44 of the proposed Amendment be modified to delete the specific dollar cap amounts for rental subsidies and supplemental income to provide the City with some flexibility and to avoid inconsistency with the City's General Plan. Public Hearing: Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and the following person responded: City Council Minutes _g. 3/4/97 107 (1) Pauline Leonard, 27589 Brookside Lane, on behalf of the Mary Erickson Foundation, ' stated that she had read the entire Element and strongly supported its adoption by the Council. She commended staff on their excellent job in reflecting the housing needs in the City as seen by the Foundation. She expressed appreciation to staff for their recommended deletion of the dollar cap amounts on page 44 of the document because they would not be feasible under the City's Rental Subsidy Program. There being no further input, the hearing was declared closed with the right to reopen at any time. Adootion of Resolution Annrovine General Plan Amendment 93-2. Revised Housing Element: It was moved by Council Member Hart, seconded by Council Member Greiner, that the following Resolution be adopted, subject to the deletion of specific dollar cap amounts for rental subsidies and supplemental income on page 44: RESOLUTION NO 97-3-4-2. REVISED HOUSING ELEMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT 93-2, REVISIONS TO THE CITY'S HOUSING ELEMENT ' The motion carried by the following vote: AYES: Council Members Campbell, Greiner, Hart, Jones, and Mayor Swerdlin NOES: None ABSENT: None 4. ESTABLISHMENT OF NUMERICAL LIMITS FOR CALENDAR YEARS 1998- 2000 AND RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1997-2000 (RESIDENTIAL GROWTH MANAGEMENT PROGRAM) 440.50 Proposal: Consideration of numerical limits for calendar years 1998-2000 under the City's Growth Management Program limiting the annual number of residential building permits to 400 and the proposed allocation of those permits for calendar years 1997-2000. Written Communication: Report dated March 4, 1997, from the Planning Director, recommending that the numerical limit be set at 400 units per year and the proposed Residential Allocation Schedule be approved. The Report listed projects that were presently eligible for building permit allocations. CityCo ilMinutes -9- 3/4/97 108 Mr. Tomlinson made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Approving Numerical Limits for Calendar Years 1998-2000: It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO 97-3-4-3. 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 Campbell, Greiner, Hart, Jones, and Mayor Swerdlin NOES: None ABSENT: None Adoption of Resolution Approving Residential Allocation Schedule for Calendar Years 1997-2000: It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO 97-3-4-4 APPROVING RESIDENTIAL ALLOCATION SCHEDI JI E FOR CALENDAR YEARS 1997 THROUGH 2000 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1997 THROUGH 2000 PURSUANT TO TITLE 9, CHAPTER 7, RESIDENTIAL GROWTH MANAGEMENT The motion carried by the following vote: City Comoit Mumtes AYES: Council Members Campbell, Greiner, Hart, Jones, and Mayor Swerdlin NOES: None ABSENT: None -tu- 3i4i97 109 RECESS AND RECONVENE Council recessed at 7'.40 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:00 p.m. as the City Council. ADMINISTRATIVE ITEMS ADMINISTRATIVE SERVICES DURECTOR Written Communication: Report dated March 4, 1997, from the Director of Administrative Services, providing a mid- year review of the City's Operating Budget for fiscal year 1996-97 and recommending adjustments, resulting in a projected surplus of $29,000 at year's end. Ms. Pendleton made an oral presentation. Council Member Campbell highlighted the projected increase in sales tax revenues ($285,000), despite the decrease in property taxes, and commended City staff, particularly the Administrative Services Director and the City Manager, for their efforts. Approval of Adjustments to the 1996-97 City Operating Budgetss: It was moved by Council Member Jones, seconded by Council Member Greiner, and unanimously carried that the proposed adjustments be approved to the 1996-97 City Operating Budgets. PLANNING DIRECTOR APPEAL OF THE ENVIRONMENTAL ADMINISTRATOR'S DECISION ISSUING A MITIGATED NEGATIVE DECLARATION FOR PROPERTY LOCATED ALONG THE EAST SIDE OF RANCHO VIEJO ROAD AND SOUTH OF THE CITY LIMITS - REZONE 96-1. ARCHITECTURAL CONTROL 96-6 (RESCO/CAPISTRANO GATEWAY) (410.60/460.20) (CONTINUED FROM Written Communications: (1) Report dated March 4, 1997, from the Planning Director, recommending affirmation of the Environmental Administrator's decision to issue a Mitigated Negative Declaration for Rezone 96-1 and Architectural Control 96-6. The project would 1) amend the Specific Development Plan, 2) allow the development of a church/preschool on an 11.52 -acre parcel, and 3) establish a mass grading plan for a 2.3 -acre portion of property located along the east side of Rancho Viejo Road and south of the City limits. Staff s recommendatiop- to continue to affirm the decision was based on the opinion of the City Attorney, who, after reviewing all documents City Counoil Minutes -11- 3/4/97 110 and meeting with the appellant, concluded that the Mitigated Negative Declaration met all requirements of State law. (2) Faxed letter received by the City on March 4, 1997, from Bob King of Save Our San Juan, Inc. (SOS), stating his understanding of the opinion cited in the memorandum from the City Attorney dated February 24, 1997, as it relates to Mr. King's possible litigation in this matter; i.e., stating that the project's Negative Declaration would not be formally certified until the project is formally approved by the City Council, per CEQA requirements. The City Attorney made an oral presentation. Mr. Shaw commended staff on their excellent preparation of the Negative Declaration, which complied with all basic threshold requirements of the law. He felt that from a legal perspective there was no merit to Mr. King's appeal. With regard to procedural issues, he advised Mr. King that should the City deny his appeal, he would not lose any rights if he waited to see if his concerns were addressed during the rezoning and architectural review process. In addition, Mr. King would still be able to litigate 30 days after City Council's final approval of the project. Appellant's Comments: Bob King, 29422 Spotted Bull Way, President of SOS, noted the necessity to create a record for possible future lawsuit. He noted his fax to John Shaw, City Attorney and Mr. Shaw's letter to Save Our San Juan dated March 4, 1997. Despite his discussion with the City Attorney, Mr. King still denied and disputed information contained in the Staff Report. He stated that no view analysis had been done, an EIR had been required when the project description excluded the church but when the church was included no EIR had been required. No analysis had been done as to the differences between the two projects. He felt that the church project had been processed in the same manner as a private citizen's project or a commercial development, which he felt violated Federal law and undermined the validity of most of the mitigation measures relative to the church. He cited the 1993 Religious Freedom Restoration Act, which he felt would render the church immune to City restrictions; therefore, specific potential church activities should be excluded in the project definition. He felt staff had violated CEQA by omitting those specific activities. He stated that homeowners are experiencing increasing noise and felt that approval of this project could preclude permanent noise mitigation. He suggested that the applicant withdraw or temporarily suspend the application and meet with the neighborhoods regarding their concerns. He felt such action would take no more than 30 days and would address most of the concerns, with the remaining issues being handled through standard administrative procedures. He stated that if the applicant chose not to take this action, then the applicant would assume responsibility for any legal delays. He further noted that he had mei with everyone who had requested a meeting; taken and returned all telephone calls relative to the project and made himself totally available. He added that relative to the unspecified portion of the project, consideration was being given to a high density medical facility with an external parking structure, and the environmental impacts of that had not been analyzed. He felt that their concerns could be easily addressed by modifying the project definition to state specific inclusions and exclusions. City Council Minutes -12- 3/4/97 ill In response to Mr. King's comments regarding the 1993 Religious Freedom Restoration Act, Mr. Shaw advised that it had been well established that cities and counties have planning and zoning authority over churches. The U.S. Supreme Court was currently looking at case involving the application of the 1993 statute relative to a city's role in issuing building permits for churches. Mr. Shaw felt there was no reported case decision supporting Mr. King and that City staff had acted correctly in treating the church application as they would any other application. With regard to the proposed medical use, he stated there was no application before the City for such use. The only thing bearing on any use other than the church was grading of the pad, which had been accounted for in the environmental study. Public Comments: (1) Lamar Stewart, 16735 Von Karman, #100, Irvine 92614, a civil engineer involved with the project's conceptual plan for the proposed grading, indicated he was present to answer any questions with regard to the grading proposal. (2) David Parker, 24493 Via Tequila, Lake Forest 92630, noted that he is an associate with The Woodard Group, the architects for this project. He felt that there would be no aesthetic concerns with this project because of the firm's outstanding reputation for high standards in architectural design. He stated there were no plans for a hospital or large medical complex for this site, noting that plans and conceptual studies had not begun for the southern portion of the site. Adoption of Resolution Affirming the Decision of the Planning Director: It was moved by Council Member Jones, seconded by Council Member Hart, that pursuant to Section 9-2.314, Appeals, the following Resolution be adopted affirming the decision of the Environmental Administrator and denying the appeal: SOLUTION NO. 97-3-4-5. DENYING APPEAL AND AFFIRMIN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING APPEAL AND AFFIRMING THE ENVIRONMENTAL ADMINISTRATOR'S DECISION IN ISSUING A MITIGATED NEGATIVE DECLARATION FOR REZONE 96-1 AND ARCHITECTURAL CONTROL 96-6 - RESCO DEVELOPMENT/ CAPISTRANO GATEWAY (KING) The motion carried by the following vote: AYES: Council Members Campbell, Greiner, Hart, Jones, and Mayor Swerdlin NOES: None ABSENT: None City C..il M.W. -13- 3/4/97 112 ENGINEERING AND BUILDING SERVICES DIRECTOR 1996-97 MID -YEAR CAPITAL IMPROVEMENT PROGRAM (330.40) Written Communication: Report dated March 4, 1997, from the Engineering and Building Director, recommending that the revised revenues and project changes proposed be approved for the 1996-97 Mid -Year Capital Improvement Program. Any roval of Mid -Year Capital Improvement Program: tIwas moved by Council Member Hart, seconded by Council Member Greiner, and unanimously carried that the 1996-97 Mid -Year Capital Improvement Program be approved as presented in Attachment 1. 2. RESOLUTION OF SUPPORT FOR U.S. ARMY CORPS OF ENGINEERS - SAN JUAN CREEK WATERSHED MANAGEMENT FEASIBILITY STUDY (550,50) Written Communication: Report dated March 4, 1997, from the Engineering and Building Director, recommending that a Resolution of Support be adopted 1) supporting the U.S. Army Corps of Engineers' initiation of a Feasibility Study to evaluate specific projects for rehabilitating San Juan Creek, with the County acting as the Local Sponsor, and 2) directing staff to cooperate in support of the project. The Report noted that adoption of the Resolution of Support would not commit the City to any financial participation in the Feasibility Study. Adoption of Resolution of Support for San Juan Creek Watershed Mana eg ment Feasibility Study: It was moved by Council Member Jones, seconded by Council Member Campbell, that the following Resolution be adopted: RESOLUTION NO 97-3-4-6 SUPPORTING U.S, ARMY CORPS OF ENGINEERS FEASIBILITY STUDY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE U.S. ARMY CORPS OF ENGINEERS SAN JUAN CREEK WATERSHED MANAGEMENT FEASIBILITY STUDY The motion carried by the following vote: City Coumil Mivulas AYES: Council Members Campbell, Greiner, Hart, Jones, and Mayor Swerdlin NOES: None ABSENT: None -14- 3/4/97 113 PUBLIC LANDS AND FACII3TIES DIRECTOR ' I. OPTIONS FOR USE OF FARM SITE JOINTLY OWNED BY CITY AND COMMUNITY REDEVELOPMENT AGENCY LOCATED ADJACENT TO THE SAN JUAN CAPISTRANO SPORTS PARK (600.30) Written Communication: Report dated March 4, 1997, from Jennifer Murray, Acting Director of Public Lands and Facilities, recommending that staff be directed to include in the Congdon House Request for Proposal an option for joint or separate submittals for farming of the adjacent 28 -acre site. The Report also recommended that the existing agreement with J&W Farms for operation of the farm be extended for a six-month period ending September 15, 1997, under the same terms and conditions. Ms. Murray made an oral presentation. Public Comments: (1) George Kibby, 2268 Sandalwood Avenue, Anaheim, owner and operator of South Coast Farms, spoke in support of the proposed RFP process. However, he suggested that the proposed lease extension for the current operators, J&W Farms, to September 1, 1997, be changed to July 1, 1997, to allow the new operator a chance to plant in time for a fall harvest. Otherwise, a planting season would be lost. (2) Dan Manassero, 1562 Everglades, Placentia, a partner of Manassero Farms operating in Placentia, Anaheim, and Irvine, concurred with Mr. Kibby's comments. He preferred that the new operator be permitted to begin planting by June 1997. Mr. Scarborough explained that the current operator has crops already planted and has expressed interest in retaining the property through August 1997. He suggested that the Board approve the general direction and concept for the RFP to combine both the farming operation and the Congdon House and continue the issue of the lease extension. After conferring with potential lessees and the current operator, staff would then return to the Board at a later date with a recommendation for a specific extension date for the current lease. (3) Ben Hamner, 32552 Alipaz Street, noted that he lives across the street from the subject farmland. He preferred that the land remain agricultural and felt it was in the best interest of the City and the community to accept proposals from growers to the City's financial benefit. (4) A. G. Kawamura, 1906 Lake Street, Huntington Beach, advised that most fall harvest crops would need to be planted by early August and recommended that the lease for the new operators begin July 1, 1997. He stated that some of the growers were ' discussing the possibility of working together on this site. He urged a quick decision on this matter. City Comcil Minutes -15- 3/4/97 114 Council Member Campbell concurred with the recommendation of the City Manager to continue consideration of the proposed lease extension, including the issue of any overlapping resulting from the transition from the existing to the new operation. Mayor Swerdlin felt that time was not of the essence with regard to the RFP and felt that skipping a planting season was not important to the City financially. He would rather allow time for a good proposal. Council Member Jones felt that if the new operators lost a planting season, the bids would dramatically change because of financial impacts. Council Member Hart felt that when the issue of the lease extension came back for review by the Council, the issue of crop timing could be addressed to the benefit of all parties concerned. Approval of Option for Request for Proposal for the Congdon House: It was moved by Council Member Campbell, seconded by Council Member Greiner, and unanimously carried that staff be directed to include in the Requests for Proposal for the Congdon House the option forjoint or separate submittals for farming of the adjacent 28 -acre site. Continuation of Consideration Re Extension of Lease Agreement with J&W Farms: It was moved by Council Member Campbell, seconded by Council Member Greiner, and unanimously carried that the proposed lease extension with J&W Farms for operation of the farm be continued to the meeting of March 18, 1997, to confer with potential lessees and the current operator regarding the lease extension. COUNCILMANIC ITEMS ANNUAL REVIEW OF COMMISSION/COMMITTEE APPOINTMENTS (110.20) Written Communication: Report dated March 4, 1997, from Carole Jacklin, Council Services Administrator, forwarding the list of current appointees and their appointment dates, vacancies, and all active applications on file for each commission and committee. Appointment of Council Ad Hoc Committee: It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried that Council Members Greiner and Hart be appointed to serve on a Council Ad Hoc Committee for the purpose of reviewing candidates for vacant positions, with recommendations to be submitted to the Council at the meeting of March 18, 1997. 2. ORAL REPORTS OF OUTSIDE AGENCIES a. San Joaquin Hills Transportation Corridor (800.50) City Council Minutes Council Member Campbell noted her attendance at the meeting held this date. She anticipated that more landscaping would be installed soon and that better signs and markings were planned for installation. She noted that today's meeting included more discussion on the installation of call boxes, cellular service, and destination signage. -16- 3/0./97 115 ' b. Southeast Regional Reclamation Authority_(SERRA)_(1040.60) Council Member Jones noted the meeting scheduled for March 6, 1997. C. San Juan Basin AuthoLb (1050.60,) Council Member Jones noted that the regular meeting dates were changed to the third Tuesday of each month (instead of the first Tuesday) and that the next meeting was scheduled for March 18, 1997. d. Orange County Joint Fire Authority (540.80) Council Member Greiner noted his attendance at the meeting on February 27, 1997, which included discussion of the worker's compensation carrier and a Closed Session regarding salaries and benefits, and the all -day retreat on March 1, 1997. Council Member Greiner suggested that all Council Members individually schedule a ride - along with emergency medical personnel during the next few weeks. He explained that having the Council be more knowledgeable about this type of operation would help when the issue of medical transport is addressed in the near future. He noted that his ride -along changed his perspective on the matter, in that the current system is inefficient and cumbersome. Council Member Hart indicated that one of the major concerns in this matter was the potential elimination of private emergency transport services. e. Joint Powers Insurance Authority (170.30) Mayor Swerdlin noted his attendance at a recent meeting, which included discussion of upcoming claims. Library Advisory Committee (950.20) Council Member Greiner advised that the Committee's first formative meeting was held on February 27, 1997, which included the selection of a Chairman and establishing the size of the Executive Committee. He noted that the County's library budget was increased to $18.2 million. He noted that the next meeting was scheduled for March 27. COUNCIL COMMENTS PRESENTATION TO ASAP (130.50) Council Member Campbell advised that Anthony Rackauckas, an Orange County Superior Court Judge who helped change the law regarding sentences for torture, was scheduled to speak at the Associated Senior Action Program (ASAP) meeting on March 20, 1997, at 9:30 a.m. City Co it Minutes -17- 3/4/97 116 2. SHERIFF DEPARTMENT RESPONSE (580.10) Council Member Hart commended the Sheriff s Department, Lt. Sullivan, and the helicopter squad on their excellent response to Mr. Brown, whose wife passed away in a car accident on Ortega Highway last week. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:36 p.m. to Monday, March 10, 1997, at 7:00 p.m. in the City Council Chamber. ATTEST: DAVID M. SWERDLIN, MAYOR City Cowoe MinuW. Respectfully submitted, /�.'��..� CHERYL•✓' • -18- 3/4/97 iii 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 March 4, 1997, adjourned said meeting to Monday, March 10, 1997, at 7:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. DATED: March 5, 1997 Cheryl Johns6l, City 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 March 5, 1997. I declare under penalty of perjury that the foregoing is true and correct. Cheryl Johnso Cit Jerk San Juan Capistrano, California