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97-1118_CC_Minutes_Regular Meeting365 NOVEMBER 18, 1997 ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.85) - None ' • • I 1 • • 1 JAI :.__ • • ' 1 � �1 1 11 � j • The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Swerdlin at 7:01 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Arch Rutherford, Coast Bible Church. ROLL CALL: PRESENT: David M. Swerdlin, Mayor Gil Jones, Mayor pro tem Collett Campbell, Council Member John Greiner, Council Member Wyatt Hart, Council Member ABSENT: None ' STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M. Huber, Engineering and Building Director; Al King, Community Services Director; William Ramsey, Senior Planner; Lt. Paul Sullivan, Chief of Police Services; Amy Amirani, Director of Public Works; Gillian E. Rampley, Recording Secretary. 1 1 • � 1 \ 1 1 1 1 • IU.I hL • L • C ' F Mayor Swerdlin announced that the ground -breaking ceremony for the Community Center had been scheduled for Wednesday, November 26, 1997 at 11:00 a.m. Following Council Member comments, there was a consensus to reschedule the ceremony. 2. INTRODUCTION OF N► COMMISSIONERS I 1 1 Council Member Greiner welcomed Bill Campbell, State Assemblyman for the 71 st District to the Council meeting. He also welcomed Marlene Draper, Board Member of the Capistrano Unified School District Board of Trustees. Council Member Greiner introduced the following persons in attendance: Bill Hardy (Cultural Heritage Commission); Ed Johnson and Bill Sonka (Planning Commission); Joann de Guevara and Marie Buckner (Housing Advisory ' Committee); AI Simmons (Seniors Liaison to City). ORAL COMMUNICATIONS - None City Council Minutes -1- 11/18/97 366 CONSENT CALENDAR It was moved by Council Member Jones, and 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 ORDINANCES BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF OCTOBER 21. 1997 The Minutes of the Regular Meeting of October 21, 1997 were approved as submitted. RECEIVE AND FILE Arrni INTO PAYABLE WARRANTS OF NOVEMBER 5 1997 300.301 The List of Demands for Accounts Payable dated November 5, 1997 in the total amount of $223,268.26 was ordered received and filed. 4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) The Planning Director's Report on the status of new development applications was ordered received and filed. Citing a potential conflict of interest due to the proximity of his residence/business to the item under consideration, the following item was removed from the Consent Calendar at the request of Council Member Jones. "•'• • I • I • I 1 •' • 1 Ira' i�• ��_• e My ka 10 32__ • • 9 NEWOR KIN_' 1 1174V4 to • Written Communications: Report dated November 18, 1997, from the Planning Director, forwarding a request from the Community Redevelopment Agency to delete from the Inventory of Historic and Cultural Landmarks 10 structures out of the 13 identified in the Little Hollywood neighborhood. One of the ten structures has been demolished and replaced; the remaining nine are scheduled for demolition and replacement because, although replacement housing will have a higher initial cost, the long-term maintenance cost will be less than that required to rehabilitate and maintain the existing structures as safe and habitable housing. City Council Minutes -2- 11/18/97 367 Amendment to Historic Landmark Listing: ' It was moved by Council Member Hart, seconded by Council Member Greiner that the following Resolution be adopted: RESOLUTION NO. 97-11-18-1. INVENTORY OF HISTORIC AND CULTURAL LANDMARKS - LITTLE HOLLYWOOD RESIDENTIAL DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S INVENTORY OF HISTORIC AND CULTURAL LANDMARKS BY DELETING CERTAIN STRUCTURES SITUATED WITHIN THE LITTLE HOLLYWOOD NEIGHBORHOOD AND RESCINDING RESOLUTION NO. 92-9-15-6 The motion carried by the following vote: AYES: Council Members Greiner, Hart, Campbell and Mayor Swerdlin NOES: None ABSTAIN: Council Member Jones ABSENT: None PUBLIC HEARINGS 1. PROPOSED AMENDMENT TO VESTING TENTATIVE TRACT MAP 14377 LOCATED AT THE• I til - OF I' WOOD l• • ' 1 (420,40) Proposal: Consideration of an amendment to Vesting Tentative Tract Map 14379 which would subdivide the 35 -acre parcel located at the northern terminus of Alipaz Street into 31 lots of approximately 20,000 square feet each. The Vesting Tentative Tract Map was originally approved in June, 1992, as a 24 -lot subdivision. Applicant/Property Owner: Woodbridge Development, 27285 Camino Las Ramblas, Suite 230, Mission Viejo, California 92691. Written Communications: (1) Report dated November 18, 1997 from the Planning Director, forwarding a recommendation of approval from the Planning Commission. (2) Letter dated November 13, 1997 from Thomas G. Schauwecker, DVM, 31592 Paseo Don Jose, in opposition to the proposal. ' Site plans, architectural drawings of the gated entry, and landscape plans were on display. C. J. Amstrup, project manager, made an oral presentation, noting that the current proposal City Council Minutes -3- 11/18/97 368 differed from the previous proposal in the entry gate design and additional landscaping along Alipaz Street. He further advised that the increased density would not require additional grading and would not result in a loss of open space. Todd Cunningham, representing the applicant, stated that a change in the real estate market, the increased cost of the infrastructure, the retaining wall and additional entry treatment, the additional rip rap along the creek, and the cost of boxing and relocating more than 40 mature oak and pepper trees had necessitated the additional lots to help defray those costs. He noted that the company had wished to maintain the original large -lot feeling of the development and so had limited the tract to 31 lots, with 120 -foot frontages and an average lot size of 24,000 - square -feet. Council Member Campbell, noting that the type of stamped concrete at the entryway had not yet been determined due to concerns over noise, requested that the applicant maintain a decorative look to the concrete. Mr. Cunningham responded that there were several options which, while reducing noise, would still look attractive. Mr. Cunningham also expressed a concern regarding a condition of approval requiring the developer to extend the sidewalk on Alipaz to its intersection with Del Obispo. He confirmed that the company had no problem in doing so, but that the portion of the sidewalk along a section of Good Neighbors Park, which is already served by a meandering walkway, might present an appearance of too much concrete. Public Hearing: Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and there being no response, the hearing was closed. Council Comments: Council Member Campbell suggested that the issue of the sidewalk along Good Neighbor Park should be held in abeyance for staff to determine whether there are safety or other issues indicating th= need for the sidewalk; following which, Council would make a decision regarding the sidewalk. There was a general concurrence with the suggestion. Adoption of Resolution Amending Tract Map 14379: It was moved by Council Member Campbell, seconded by Council Member Jones that the following Resolution, be adopted with direction that the sidewalk issue would be determined at a later date: RESOLUTION 97-11-18-1 APPROVING AMENDMENT TO TRACT MAP 14379 (WOODBRID*E DEVELOPMENTIPEPPERWOOD ESTATES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO TRACT MAP 14379 TO SUBDIVIDE THE 35 -ACRE PARCEL LOCATED AT THE NORTHERN TERMINUS OF ALIPAZ STREET INTO 31 LOTS (WOODBRIDGE DEVELOPMENT/PEPPERWOOD ESTATES) The motion carried by the following vote: City Council Minutes -4- 11/18/97 369 AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin NOES: None ABSENT: None 2. REQUEST FOR REZONE 97-7 FOR PROPERTY LOCATED AT 33207 PASEO CERVEZA (ASSESSOR PARCEL NO, 668-121-03)(PAINTBALL ARMORY) 460 20 Proposal: Consideration of a request to rezone property located at 33207 Paseo Cerveza from Industrial Park (MP) to Commercial Manufacturing (CM). The Commercial Manufacturing zoning would allow for indoor recreational uses subject to approval of a Conditional Use Permit. Owner: Cecilia Straub Revocable Trust 31972 Via Pavo Road Coto de Caza, CA 92679 Applicant: Robert G. Walker/Paintball Armory 27601 Forbes Road, #14 Laguna Niguel, CA 92601 Written Communication: Report dated November 18, 1997 from the Planning Director, forwarding background information and the Planning Commission's recommendation of approval. John Grace, project manager, gave a presentation, noting that staff had considered the consistency of land use, the parking, and the traffic in recommending the zone change. He advised that staff had contacted planners in San Diego, where a similar facility was located, and subsequently felt that such a facility would not generate a significant traffic ii,.pac,L. In response to Council's concerns regarding liability due to this discretionary entitlement, and potential problems associated with the use, the City Attorney advised that due to State law, the City could not be sued because of this action. Lt. Sullivan noted that approximately two years ago there had been an isolated incident in Los Angeles County involving paimball, but he knew of none in Orange County. Applicant Comments: Kathleen Walker, wife of the applicant, explained that "Paintball Armory" was the name of their store, which sells equipment and supplies to be used by those participating in paintball games. She explained the facets of the game, noted that there would be a viewing area where parents could watch their children participating, or children could be signed in to play and the parents could return later to sign the children out. The activity will be monitored so that there is no possibility of activity spreading outside the building. She also indicated that there was quite a demand for such facilities for corporate parties. Public Hearing: Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and there being no response, the hearing was declared closed with the right to reopen at any time. City Council Minutes -5- 11/18/97 370 Introduction 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 evening. It was moved by Council Member Jones, seconded by Council Member Greiner, that the following Ordinance be introduced: APPROVING REZONE 97-7 - REVISING THE DESIGNATION OF ASSESSORS PARCEL NUMBER 668-121-03 TO CM (COMMERCIAL MANUFACTURINQ (,PAINTB 1 L ARMORYI - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 97-7 TO AMEND THE CITY'S OFFICIAL ZONING MAP BY CHANGING THE CURRENT ZONING DESIGNATION OF ASSESSOR'S PARCEL NUMBER 668-121-03 FROM MP (INDUSTRIAL PARK) TO CM (COMMERCIAL MANUFACTURING) (PAINTBALL ARMORY/33207 PASEO CERVEZA) The motion carried by the following vote: AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin NOES: None ABSENT: None Council recessed at 7:41 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:42 p.m. CITY MANAGER Written Communication: Report dated November 18, 1997 from the Assistant City Manager, advising that the applicant had requested permission to do a test installation of one of the communication devices in an alternative mounting configuration on one of the City's light poles. Staff concurred with this request and asked the City Council to continue consideration of this item until December 2, 1997. Motion to Continue: Upon motion of Council Member Campbell, seconded by Council Member Hart, and unanimously carried, this matter was continued until December 2, 1997. City Council Minutes -6- 11/18/97 371 2. CONSIDERATION OF BUDGET AMENDMENT AND SELECTION OF ' CONSULTANT FOR ECONOMIC DEVELOPMENT STUDY (KEY ER- MARSTON) (330.20/600.30) Written Communication: Report dated November 18, 1997 from the Economic Development Administrator, recommending selection of Keyser -Marston (with Linda Congleton serving as a subconsultant for the market analysis portion of the report) to prepare the Economic Development Study at a cost of $40,000.00. Mechelle Lawrence, Economic Development Administrator, made an oral presentation in which she noted that the need for a market-based economic development study had been identified as a priority in the 1997-98 budget. Staff had conducted interviews, reference checks and evaluations of each proposing firm and had recommended Keyser -Marston, with Linda Congleton serving as a subconsultant. She noted that the study would help the City understand the strengths and weaknesses of its economy. Mr. Scarborough advised that the economic vitality of the community was very important to meet the service and quality demands of residents and because the General Plan dictates a balanced economy. He noted that the "big box" commercial and large entertainment complexes being constructed in many communities were inconsistent with the City's General Plan. The purpose of the study was to look at the realities of the marketplace; filter those realities with the General Plan and community expectations, and emerge with a strategy. He ' felt the Study was also necessary because some of the City's retail space was still vacant, in spite of a stronger economy; and, vacant parcels were being marketed and the City needed to assure their future success. He stated that although $40,000 was a considerable expenditure, it was important to protect the economic future of the City and to receive expert assistance in designing strategies for the fixture. He further noted that the Chamber of Commerce had also asked for such a Study during the budget cycle. Council Comments: Council Member Campbell expressed concern at the expenditure involved, adding that it was important to know that this Study would help the tax base and the community in the long run. Council Member Greiner noted that property taxes alone would not sustain the City and the services provided to residents, and it was important to increase the success of business in town. In the long term, it could prove to be money well spent. Council Member Jones pointed out that this had been considered a priority item in the budget process and expressed his support for the proposal. He felt that many small businesses in town were struggling. Mayor Swerdhn, noting that he had been in business in the City for 13 years and was familiar with the "ups and downs" of small business, stated that he was not yet convinced of the need to spend the funds this way. Approval of Selection of Consultant: Upon motion of Council Member Jones, seconded by Council Member Greiner, the selection . of Keyser -Marston to prepare the Economic Development Study at a cost of $40,000.00 was approved by the following roll cal vote: City Council Minutes -7- 11/18/97 372 AYES: Council Members Jones, Greiner, Hart and Campbell NOES: Mayor Swerdlin ABSENT: None LUVOIANWIN �. . CONSIDERATION OF ADOPTION OF CITY COUNCIL POLICY 508 USE OF AMPLIFIED SOUND SYSTEMS WITHIN CITY (PUBLIC) PARKS (610,30) Written Communications: (1) Report dated November 18, 1997 from the Planning Director, forwarding the proposed policy, prepared at the direction of the City Council during approval of the Sports Park. The Policy will allow the use of amplified sound, subject to approval of a facility use application, only at the following parks: Descanso Veterans Park, Historic Town Center Park, Cook Park - La Novia, Cook Park - Cordova, Sports Park, and Marco Forster Athletic Fields. (2) Letters opposing any increase in the use of amplified sound systems within City Parks from the following residents: Oona O'Hara, 26171 Paseo Marbella Andrew B. Millerd, Jr., 31182 Via Cristal Denise Kantrowe, 32562 La Calma Road Rick Rosetti, 26011 Avenida Cabrillo David & Linda Cope, 25952 Avenida Cabrillo (3) Petition opt -sing the use of amplified sound at Cook Park -Cordova, from Gloria Lapwood, Wright Secretarial, 32141 Alipaz Street, Ste H, signed by approximately 85 residents. (4) Draft policy revised to specify the types of sound systems and attendant events that will be allowed at the parks. Mr. Ramsey made an oral presentation in which he advised that staff had been directed to prepare a policy to allow appropriate use of amplified sound systems while assuring that such systems would not adversely affect neighborhoods adjoining the parks. He noted that previously such systems had been used in certain parks on some occasions but there was no policy in place to control and regulate such uses. Mr. Ramsey emphasized that the proposed policy was in no way intended to open up opportunities for the use of sound; instead, its itent was to establish strict procedures and standards, using a basis developed by a sound expert. He noted that it included a provision for monitoring, thus allowing City staff to do on-site monitoring if needed. There was also a provision for the City to allow exceptions to the hours of operation if needed for unique circumstances and if such an exception would not result in an impact to adjoining residences. However, in no case can an exemption be made to the standards set by the policy. City Council Minutes -8- 11/18/97 373 Public Comments: (1) Andrew Millerd, Jr., 31182 Via Cristal, spoke in opposition to any increase in sound amplification, particularly in Cook Park/Cordova, noting that the activity in the park had increased dramatically on weekends, with teams arriving as early as 6:00 a.m. He felt that usage exceeded capacity and enormous parking problems had resulted. He urged that organized events not be allowed to start earlier than 9:00 a.m. on Saturday and Sunday and that scheduling be revised to lessen traffic congestion. (2) Michelle Hitchan, 31172 Cristal, also spoke in opposition to any increased amplified sound, noting that the sound generated without amplification is extremely loud. (3) Dermis Hogan, 31192 Via Cristal, stated that he was opposed to any amplified sound at all. Noise from Cook Park has escalated; the facility is over -used. He concurred with Mr. Millerd and the concern about safety with the increased traffic. (4) Rose McKee, 31092 Via Cristal, told the Council that she had moved to the area in the summer of 1997 and was attracted to the area because of the park. However, the volume of use did create noise at the weekends and traffic was a problem. She opposed the use of amplified sound in the park. (5) Marlene Draper, 31141 Via Cristal, urged the Council to maintain the present use of sound and not increase use of amplification. ' (6) Tom Merrell, 31081 Via Estenaga, asked for clarification on the staff presentation as to current uses. The City Manager advised that in Cook Park -Cordova, sound amplification was used and would continue to be used only for the opening day ceremonies and tournaments associated with sports leagues. Council Comments: Council Member Campbell emphasized that the City does not want to increase noise in the parks and felt tl. it since no one from the Sports Park area had addressed Council, the use of sound systems there must be within acceptable limits. Her main concern was to set standards so that there would be no encroachment beyond the boundaries set and that the use could be either denied or terminated if necessary. Council Member Greiner supported the recommendation, and added that he would not be opposed to considering a later start time for sports activities at Cook Park -Cordova. The City Manager stated that staff would look at possible scheduling changes before next year's programs were set up to minimize the early morning impact for residents. Council Member Jones discussed the need for sports facilities for youth, noting the current shortage of playing fields. Mayor Swerdlin, noting that he lived in the neighborhood, asked counsel if there was a possible conflict. He was advised there was no conflict because this was a City-wide policy. ' Mayor Swerdlin expressed concern over traffic and safety issues and the early starts to games. He supported the recommended policy for technical standards and noted that a usage policy should also be established. City Council Minutes -9- 11/18/97 374 Consideration of Poligv Continued: Upon motion of Council Member Jones, seconded by Council Member Campbell, and unanimously carried, this item was continued with direction to staff to refine the study, taking into consideration parking, safety and noise, and to bring it back to the Council for consideration at a later date. � • ►1• 11 � 1► • 1' • C TRODUCTION OF A PUSHCART VENDOR ORDINANCE (585,10) Wntten Communication: Report dated November 18, 1997 from the Director of Engineering & Building, advising that the City's Neighborhood Preservation Program had identified the need to regulate pushcart vending, and forwarding a proposed Pushcart Vendor Ordinance. Mr. Huber made an oral presentation noting that pushcart vending created health and safety problems, as well as noise, trash and trespass problems. He noted that the ordinance would ban pushcarts in the public right-of-way, with exceptions to be made for one-time special activities approved through a permit process. He noted that this Ordinance pertained to pushcart vending in the public rights-of-way, and that pushcart vending on private property would violate the City's zoning provisions. Introduction 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 evening. It was moved by Council Member Jones, seconded by Council Member Campbell, that the following Ordinance be introduced: REGULATING DUSHCART VENDORS- AN ORDINANCE OF THS CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 5 OF THE MUNICIPAL CODE BY ADDING CHAPTER 28 ENTITLED "REGULATION OF PUSHCART VENDORS" The motion was carried by the following vote: AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin NOES: None ABSENT: None Written Communication: Report dated November 18, 1997 from the Director of Engineering & Building recommending approval of a program to convert the red traffic signal lights from incandescent bulbs to light -emitting diodes; to waive the formal bidding process and select Dialight City Council Minutes -10- 11/18/97 375 Corporation as the material vendor for the conversion; and, to approve a budget amendment ' in the amount of $21,869 to the Fiscal Year 1997-98 CIP Program. The Report noted that San Diego Gas & Electric was offering rebates to agencies who accomplished the conversion. Mr. Huber made an oral presentation, noting that replacing the red lights in signals would provide significant savings to the City in energy costs. Approval of Program: Upon motion of Council Member Campbell, seconded by Council Member Jones, and unanimously carried, the program to convert traffic signals and pedestrian indications to light - emitting diode indications was approved; the formal bidding process was waived and Dialight Corporation was selected as the material vendor for the conversion; and, the budget amendment of $21,869 was approved. ORDINANCES APPROVING ADULT-ORIENTED BUSINESS REGULATIONS (585.30) (420.30) (ADOPTION) Written Communication: Report dated November 18, 1997 from the City Clerk, advising that the Ordinance was introduced at the meeting of November 4, 1997, and was scheduled for adoption. ' Adoption of Ordinance: The City Clerk read the titie 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 Campbell, that the following Ordinance be adopted: ORDINANCE NO, 802_ ADULT-ORIENTED BUSINESS REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AMENDMENTS TO THE MUNICIPAL CODE BY ADDING TITLE 5, CHAPTER 27, ENTITLED "ADULT-ORIENTED BUSINESS," AMENDING TITLE 9, CHAPTER 3, ARTICLE 4, SECTIONS 9-3.415 AND 9-3.417 PERMITTING ADULT- ORIENTED BUSINESSES AND PROHIBITING THE ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH AN ADULT-ORIENTED BUSINESS, AND AMENDING TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9-3.626, ENTITLED "ADULT- ORIENTED BUSINESS" The motion carried by the following vote: AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin NOES: None I ABSENT: None City Council Minutes -11- 11/18/97 376 COUNCII.MANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES a. Southeast Regional Reclamation Authority (1040.601 Council Member Jones reported that the Finance Committee met on November 18, 1997; he would provide a report to the Council Members in their mail slots. He noted that the issue of the funding of the Corps. of Engineers Study had not yet been resolved. b. League of California Cities (140,20 Council Member Greiner advised that he was appointed to the Resolutions . Committee, in addition to his role on the State Employee Relations Policy Committee. C. Orange Cou= Joint Fire Authority (540,80) Council Member Greiner reported that he had been elected Chairman of the Administration/Personnel Committee. 2. COUNCIL COMMENTS a. Community Center Ground -Breaking Ceremony (210.20) Council Member Campbell indicated that she has a conflict with the scheduled date and asked if others did too. Al Simmons, Senior Liaison to the City, advised that he also had a conflict and there was a consensus that the ceremony should be rescheduled. b. Meeting Attendance Council Member Greiner expressed appreciation of the Council to Assemblyman Bill Campbell for his attendance at the meeting. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:57 p.m. to the next regular meeting date of Tuesday, December 2, 1997, at 5:30 p.m., in the City Council Chambers. Respectfully submitted, JOHNSON,CHERYL i ATTEST: GI L "JONES YOR City Council Minutes -12- 11/18/97