94-0118_CC_Minutes_Regular Meeting197
JANUARY 18, 1994
' 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 Campbell at 7:05 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag.
Invocation was given by Reverend Doran Tregarthen of St. Margaret of Scotland Episcopal Church.
ROLL CALL PRESENT: Collene Campbell, Mayor
Gary L. Hausdorfer, Council Member
Gil Jones, Council Member
Carolyn Nash, Council Member
Jeff Vasquez, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson,
City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M. Huber, Director of
Engineering and Building Services; Thomas Tomlinson, Director of Planning Services; AI King, Jr., Director of
Community Services; Ronald C. Sievers, Director of Public Lands and Facilities; Lt. Paul Sullivan, Orange
County Sheriffs Department; Nancy Bernardi, Recording Secretary.
MOTION TO READ BY TITLE ONLY
' It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried
that all Ordinances be read by title only.
PRESENTATIONS AND COMItCENDATIONS
1. RECOGNITION OF COMMUNITY VOLUNTEERS (610.40)
Written Communication:
Report dated January 18, 1994, from Carole Jacklin, Council Services Manager, advising that the City
had established a new holiday collection center for donations of food and clothing during the month of
December 1993. The new center was successful due to the volunteer efforts by members of the
Associated Senior Action Program (ASAP), the San Juan Capistrano Seniors Club, City employees, and
donations from Ralph's Market and the Marbella Ranch Market.
Mayor Campbell noted those volunteers in attendance and expressed appreciation for their efforts.
• •i• i ht • •t M •11 •i• LIYI!7d 14:4 01 WWW'SWI:� •ll.
1. SOLAG RELOCATION (810.1
Laurie Bedrosian, 28852 Via Leona, voiced opposition to the proposal being studied by the City to
relocate Solag Disposal from the Los Rios Historic Distriii to the site off La Pata. She expressed
concerns regarding potential noise, pollution, and visual impacts, as well as loss of property values. She
urged that the site be dropped from consideration.
' Louis Nicotra, 28861 Via Leona, cited opposition to the relocation proposal and requested that
representatives from the affected homeowners associations be allowed to meet with City staff before the
City's study of the La Pata site goes any further. Mr. Scarborough explained that a meeting arranged
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by the homeowners associations was scheduled for January 19 between City staff and interested residents
to discuss this issue, and a letter will be mailed to all surrounding properties with background
information and the status of the City's study.
Jeff Toland, 28882 Via Leona, inquired whether he could terminate Solag's service to his residence and
return the trash cans. He was advised to contact the City Manager regarding the exemption process.
Al Simmons, 32302 Alipaz Street, Space 135, felt that Solag should be relocated to a site near the
landfill. He suggested that City staff and homeowners association representatives work together to
determine whether the concerns with the La Pata site can be resolved.
2. TRASH IMPORTATION (810.10)
Dolores Otting of Five Star Rubbish, P.O. Box 9278, Newport Beach, noted that issues regarding flow
control are currently being addressed by the State Supreme Court and stated that the trash importation
issue in the County has not been resolved.
3. HANDICAPPED PARKING DURING FIESTA Lel
Gillian Cannon, 26467 Calle San Luis, stated that although handicapped parking was available for last
year's Fiesta de las Golondrinas Parade, its location was not widely publicized. She suggested that
handicapped access be more clearly marked and publicized.
Madeline Arakelian, South Coast Refuse, 2021 Business Center Drive, Irvine, noted her candidacy on
the County Board of Supervisors, 5th District and urged the Council to be receptive to the concerns of
the residents, particularly with regard to the relocation of Solag Disposal. Council Member Jones
inquired whether Ms. Arakelian would support the relocation of Solag to the landfill site. Ms. Arakelian
expressed concern with the landfill site because of potential conflicts with a private entity operating a
business on a County -owned site.
It was moved by Council Member Vasquez, seconded by Council Member Hausdorfer, 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 Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
ABSENT: None
RECEIVE1. • OF ►U_. •
DECEMBER 99: (350,30)
The City Treasurer's Report of Investments as of December 31, 1993, in the total amount of
$15,938,651.63 was received and filed.
2. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
The Report dated January 18, 1994, from the Planning Director, advising that three new development
applications were received by the City since the last report of November 16, 1993, was received and filed.
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3. APPROVAL OF MARBELLA CREST COMPLETION AGREEMENT (CAPITAL
FINANCIAL CONSULTANTS/CAPISTRANO VALLEY WATER DISTRICT/CITY OF
SAN JUAN CAPISTRANO) (600.30)
As set forth in the Report dated January 18, 1994, from the City Attorney, the Completion Agreement
for Marbella Crest, Tract 13846, was approved with Capital Financial Consultants, the Capistrano Valley
Water District, and the City for the allocation of recovered bond proceeds toward improvements in the
project taken over by Capital Financial.
The following item on the Consent Calendar was considered separately, as requested by Council Member
Vasquez:
APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF NOVEMBER 16. 1993
(CONTINUED FROM JANUARY 4. 1994)
Approval of the Minutes of the Regular Meeting of November 16, 1993, was continued to the meeting
of February 1, 1994.
1. AMENDMENTS TO SECTIONS 9-2.315 AND 9-2.404 OF TITLE 9 OF THE MUNICIPAL
CODE AMENDING THE ADMINISTRATIVE APPROVALS AND ZONING
ADMINISTRATOR AUTHORITY AND PROCEDURES FOR STREAMLINING OF
DEVELOPMENT PROCESS FOR MINOR APPLICATIONS (CONTINUED FROM
NOVEMBER 2,1993) (420.30)
Pr000sal:
Consideration of revisions to:
(1) Section 9.2.315 of the Municipal Code to modify the standards of administrative approvals; and,
(2) Section 9-2.404 of the Municipal Code to expand the duties and responsibilities of the Zoning
Administrator to include approvals of non -controversial applications.
The hearing was continued from the meeting of November 2, 1993, to allow the City Council Ad Hoc
Committee to further review and study certain aspects of the City's development review process,
including Zoning Administrator responsibilities.
Written Communication:
Report dated January 18, 1994, from the Planning Director, recommending that the hearing be
continued to the meeting of February 15, 1994, to allow the Council Ad Hoc Committee to complete
its analysis.
Continuation of Public Hearin ¢:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing. There being
no response, it was moved by Council Member Nash, seconded by Council Member Hausdorfer, and
unanimously carried that the hearing be continued to the meeting of February 15, 1994, to allow the City
Council Ad Hoc Committee to complete its analysis.
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1/18/94
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2. REZONE 93-5 AMENDING SPECIFIC DEVELOPMENT PLAN 87-1 AND AMENDMENT
TO ARCHITECTURAL CONTROL 87-1 SITE PLAN TO ADD RENTAL VEHICLE
AGENCIES AS A PERMITTED USE AND AMENDMENT TO PARKING STANDARDS
(PRICE CLUB CENTER) (460.20/410.60)
Proposal:
Consideration of:
(1) A rezone application to amend Specific Development Plan 87-1 to include vehicle rentals as a
permitted use at the Price Club Center and modify the Center's parking ratio from one stall
per 200 square feet of leasable floor area to one stall per 250 square feet of leasable floor area;
and,
(2) An amendment to the site plan for Architectural Control 87-1 to designate a portion of the site
for rental vehicle storage.
Property Owner/Developer:
The Price Company
P.O. Box 85466
San Diego, CA 92186-5466
Written Communication:
Report dated January 18, 1994, from the Planning Director, providing an analysis of six issues identified
by staff, including consistency with the General Plan, appropriateness of a vehicle rental business, visual
impacts, landscaping compatibility with the Orange County Flood Control District easement, potential
circulation problems and the adequacy of the proposed parking standard. The report recommended
approval of the rezone and amendment to the site plan for Architectural Control 87-1. —
Mr. Tomlinson made an oral presentation. Exhibits were on display, including a site plan and
photographs showing the proposed location for four trucks near the rental office. Council Member
Nash inquired why rental agencies were originally excluded as proposed uses for the Price Club Center.
Mr. Tomlinson stated that because of concerns with the number of vehicles that could be stored on site
as part of a vehicle rental use, a condition had been included to exclude the use.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the
following person responded:
(1) Lori Price of Zucker Systems, 1545 Hotel Circle South, San Diego, speaking on behalf of the
applicant, concurred with the conditions proposed by staff, with the exception of requiring the
majority of the rental trucks to be parked behind the Price Club building. She stated that the
distance would require customers to traverse the parking lot to retrieve their trucks, and/or
require the only employee in the office to lock up the office to retrieve the trucks for
customers. She noted that on-site trucks cannot be seen by southbound traffic on Doheny Park
Road and felt that the proposed shrubs and vines would effectively screen trucks from
northbound traffic. She expressed concern with the security of the trucks being located behind
the Price Club. She requested that the rental use be permitted a minimum of eight trucks in
front of the office, with the remainder parked behind the Price Club building.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Discussion:
Council Member Jones felt that the City should support businesses in these difficult economic times and
suggested that the applicant be allowed to park seven or eight trucks in front of their office on a
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temporary basis to determine whether they would be visually obtrusive. Council Member Hausdorfer
' felt that only four trucks should be allowed up front, as recommended by staff. He felt that seeing
trucks on site has no impact on the success of this type of business and that the City should be sensitive
to the parking at the Price Club Center. He noted that the applicant could request Council to
reconsider the issue in the future if allowing only four trucks proved to be unworkable.
Introduction of Ordinance Approving Rezone 93-05:
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 Nash, seconded by Council
Member Hausdorfer, that the following Ordinance be introduced:
APPROVING REZONE 93-5 - AMENDING SPECIFIC DEVELOPMENT PLAN
87-1 (PRICE CLUBI - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE 93-05, AMENDING
SPECIFIC DEVELOPMENT PLAN 87-1 TO PERMIT THE ESTABLISHMENT OF
VEHICLE RENTAL AGENCIES WITHIN THE PRICE CLUB CENTER AND
CHANGING THE SHOPPING CENTER'S PARKING RATIO FROM ONE STALL
PER 200 SQUARE FEET OF LEASABLE FLOOR AREA TO ONE STALL PER
250 SQUARE FEET OF LEASABLE FLOOR AREA
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Adootion of Resolution Amending the Site Plan for Architectural Control 87-1:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the following
Resolution be adopted:
RESOLUTION NO, 94-1-18-1. APPROVING AMENDMENT TO SITE PLAN FOR
ARCHITECTURAL CONTROL 87-1 (PRICE COMPANY) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN AMENDMENT TO THE SITE PLAN FOR
ARCHITECTURAL CONTROL 87-1, DESIGNATING A PORTION OF THE SITE
LOCATED AT 33949 DOHENY PARK ROAD AS RENTAL VEHICLE STORAGE
(PRICE COMPANY)
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
ABSENT: None
3. AMENDMENT TO THE LOS RIOS PRECISE PLAN. ADMINISTRATION. MODIFYING.
EXISTING PROCEDURES OF THE RIOS R VI W COMMITTEE (400.50)
Council Members Jones and Vasquez indicated they would abstain from voting on this item due to potential
conflicts of interest relating to the proximity of their residences to the Los Rios Historic District.
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Proposal:
Consideration of amendments to the Los Rios Precise Plan to remove the potential for conflict of —
interest violations on the part of the Los Rios Review Committee. The proposed amendments would
eliminate any discretionary approval provisions on the part of the Committee. The Committee's duties
and responsibilities would be modified accordingly to reflect the Precise Plan amendments.
Written Communication:
Report dated January 18, 1994, from the Planning Director, advising that the current structure of the
Los Rios Precise Plan and Los Rios Review Committee duties and responsibilities place the Committee
in violation of Fair Political Practices regulations. To eliminate the conflict it was necessary to amend
the Los Rios Precise Plan and the duties and responsibilities of the Los Rios Review Committee. The
report set out the proposed amendments.
Mr. Tomlinson noted amendments to the Precise Plan that would ensure that standards for the
relocation of a structure within the Los Rios Historic District are consistent with the Historic Building
Code and State law. To address concerns expressed by the Los Rios Review Committee, Section 4.1.4
had been modified to allow a five-day period in which adjacent property owners and the Los Rios
Review Committee would be notified of a pending administrative decision.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the
following person responded:
(1) Francie Perguson, 26632 Ramos Street, spoke regarding the uniqueness of the Los Rios
neighborhood and stated that nothing in the Los Rios District should be considered a "minor
modification." She stated that a series of seemingly minor approvals could dramatically alter
the District's character and felt the 10% rule for minor modifications was insufficient. She
requested that the Committee be given the opportunity to comment before decisions were
made.
There being no further input, the hearing was declared closed with the right to reopen at any time.
The City Attorney explained that the modifications to the Los Rios Precise Plan were necessary to
remove any potential conflict of interest violations on the part of the Los Rios Review Committee since
its members live in the District and formerly made recommendations on projects within the District.
The revisions would allow the Committee to act like a homeowners association and to provide input on
decisions that affect the District.
Council Discussion:
Council Member Nash felt that a five-day notification period was not enough time for residents and the
Committee to review projects and provide their input. Council Member Hausdorfer concurred and felt
that the notification time should be no less than ten working days. He felt it should be made absolutely
dear that while the Los Rios Review Committee has no decision-making authority, the City Council
intended to receive input from the Committee.
Mr. Denhalter cautioned that the Committee should not be given the ability to influence a decision
affecting the Los Rios Historic District that would cause the City Council or Planning Commission to
"rubber stamp" projects. He advised that it was acceptable for the Committee members to voice their
concerns.
Adoption of Resolution Amending the Los Rios Precise Plan:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted, with the following modifications to the Los Rios Precise Plan:
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203
RESOLUTION NO, 94-1.18-2. LOS RIOS PRECISE PLAN AMENDMENT 93-1 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE LOS RIOS PRECISE PLAN BY
REVISING PART FOUR, ADMINISTRATIVE PROCEDURES
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Nash, and Mayor Campbell
NOES: None
ABSTAIN: Council Members Jones and Vasquez
ABSENT: None
The City Council indicated its full intent to allow the Los Rios Review Committee to provide their
thoughts and comments to the City Council.
Adoption of Resolution Modifying the Duties and ResRonsibilities of the Los Rios Review Committee:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO, 94-1-18-3. REVISING APPOINTMENT AND DUTIES - LOS
RIOS REVIEW COMMITTEE - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING THE
APPOINTMENT AND DUTIES OF THE LOS RIOS REVIEW COMMITTEE
AND RESCINDING RESOLUTION NO. 78-6-21-8
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Nash, and Mayor Campbell
NOES: None
ABSTAIN: Council Members Jones and Vasquez
ABSENT: None
Gil Jones and Jeff Vasquez addressed the City Council as private citizens, not as Council Members.
Mr. Jones spoke regarding the hardships endured over the years by residents in the Los Rios Historic
District because of the proximity of the Solag Disposal business to their homes. He stated that the
business has nothing to do with the tradition in the area and should be relocated out of the District as
soon as possible to return the area to its originally intended rural environment. Mr. Vasquez expressed
concern regarding comments from the Los Rios Review Committee which could result in over -regulation
of minor projects, making it expensive for residents to improve their properties. He felt that if the
District's standards were too restrictive, improvements may not be made. He noted that the appraisal
performed by the City concluded that he would not have a conflict of interest in the Solag relocation
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(1) Section 4.1.3 shall be amended to ensure that standards for the relocation of a structure within
'
the Los Rios Historic District are consistent with the Historic Building Code and State law.
(2) Section 4.1.4, Administrative Approvals, shall be revised to require a minimum period of 10
working days to notify the Los Rios Review Committee and affected residents of any minor
development application due to the sensitive nature of the Los Rios Historic District.
RESOLUTION NO, 94-1.18-2. LOS RIOS PRECISE PLAN AMENDMENT 93-1 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE LOS RIOS PRECISE PLAN BY
REVISING PART FOUR, ADMINISTRATIVE PROCEDURES
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Nash, and Mayor Campbell
NOES: None
ABSTAIN: Council Members Jones and Vasquez
ABSENT: None
The City Council indicated its full intent to allow the Los Rios Review Committee to provide their
thoughts and comments to the City Council.
Adoption of Resolution Modifying the Duties and ResRonsibilities of the Los Rios Review Committee:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO, 94-1-18-3. REVISING APPOINTMENT AND DUTIES - LOS
RIOS REVIEW COMMITTEE - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING THE
APPOINTMENT AND DUTIES OF THE LOS RIOS REVIEW COMMITTEE
AND RESCINDING RESOLUTION NO. 78-6-21-8
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Nash, and Mayor Campbell
NOES: None
ABSTAIN: Council Members Jones and Vasquez
ABSENT: None
Gil Jones and Jeff Vasquez addressed the City Council as private citizens, not as Council Members.
Mr. Jones spoke regarding the hardships endured over the years by residents in the Los Rios Historic
District because of the proximity of the Solag Disposal business to their homes. He stated that the
business has nothing to do with the tradition in the area and should be relocated out of the District as
soon as possible to return the area to its originally intended rural environment. Mr. Vasquez expressed
concern regarding comments from the Los Rios Review Committee which could result in over -regulation
of minor projects, making it expensive for residents to improve their properties. He felt that if the
District's standards were too restrictive, improvements may not be made. He noted that the appraisal
performed by the City concluded that he would not have a conflict of interest in the Solag relocation
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204
issue because of the distance of his property from Solag. He added, however, that he had not yet
decided whether he would participate in the matter in the future and is awaiting written confirmation
from the Fair Political Practices Commission.
4. REQUEST FOR TEMPORARY STREET CLOSURES FOR ANNUAL SWALLOWS DAY
PARADE AND MERCADO - SATURDAY. MARCH 26. 1994 (FIESTA ASSOCIATION)
150.60
Proposal:
Consideration of:
(1) A request for temporary street closures on Saturday, March 26, 1994, for the Fiesta de las
Golondrinas Parade and Mercado. The parade will be held at 11:00 a.m., and will result in
street closures from 6:00 a.m., to 4:00 p.m. The Mercado will be held between 8:00 a.m., and
5:30 p.m., and will result in street closures from 6:00 a.m., to 8:00 p.m.;
(2) Issuance of a parade permit; and,
(3) Request to waive license fees required per Municipal Code Section 5-11.08.
The Engineer's estimate for providing the necessary traffic control service, sanitary facilities, and City
personnel was $2,450, with funds allocated in the 1993-94 Department of Public Lands and Facilities and
the Department of Engineering and Building budgets.
Written Communication:
Report dated January 18, 1994, from the Director of Engineering and Building, detailing the parade
route and the proposed temporary street closures. Staff recommended that the street closures for both
events, parade permit, and waiver of license fees be approved.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public hearing, and the
following person responded:
(1) Nancy Tobin, 24903 Dana Maple, Dana Point, President of the Fiesta Association, advised that
a specific area for handicapped parking would be flagged and included in their publicity for the
parade.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Ayproval of Street Closures. Parade Permit. and Waiver of License Fees:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that the following be approved:
(1) The temporary street closures for the Fiesta de las Golondrinas Parade and Mercado on
Saturday, March 26, 1994;
(2) The issuance of a parade permit to the San Juan Capistrano Fiesta Association per Municipal
Code Section 5-11.05(b); and
(3) Waiver of license fees required by Municipal Code Section 5-11.08
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205
Council recessed at 8:26 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 8:34 p.m.
CITY MANAGER
1. CONSIDERATION OF REQUEST FOR PARKING BY PERMIT ONLY PROGRAM -
CAPISTRANO VILLAS (570.70)
Written Communication:
Report dated January 18, 1994, from Jennifer Murray, Assistant to the City Manager, recommending
that the City Council grant authorization to the Boards of Directors of Capistrano Villas Homeowners
Associations I, 11, and III to proceed with plans to create and administer an overnight parking -by -permit -
only program. The purpose of the program is to alleviate problems with overcrowded parking conditions
in the Capistrano Villas neighborhoods. The Report discussed potential impacts of the program on
adjacent neighborhoods and possible mitigation measures. Under the program the City would assume
responsibility for purchasing signs and posts at a total cost of $4,400, with installation costs at $25 per
sign to be absorbed by the City.
Ms. Murray made an oral presentation. Lt. Sullivan indicated that the Sheriff's Department had
sufficient resources to enforce the new program. He explained that Deputies would patrol the permit
areas in the early morning hours when calls for service are low. Mr. Denhalter advised that the
proposed program did not require a public hearing or noticing of affected property owners since the
program would affect anyone who parks in the area, not just residents.
Council Member Vasquez inquired whether the program would become effective upon approval of the
majority of property owners within the Homeowners Associations. Ms. Murray explained that a vote
by the property owners was not required under the Municipal Code. She noted that if there were any
disagreements over certain provisions of the program, the property owners would voice their concerns
to the Homeowners Associations' Boards of Directors.
Public Comments:
(1) Daniel Poppa, 26552 Calle Santa Barbara, member of the Board of Directors for Capistrano
Villas III, advised that only one person opposed the program when it was presented at the
Association's annual meeting in February 1993, at which approximately 60 homeowners were
present. He noted that information about the proposed program has been included in their
newsletters to homeowners, which are printed in English and Spanish, and no negative
comments have been received to date. He advised that the Boards would review the program
in six months to determine its effectiveness.
(2) Gillian Cannon, 26467 Calle San Luis, Secretary on Board of Directors for Capistrano Villas
III, explained that the only costs for the program would be for the permits. She noted that only
about 20% of the garages are used to store vehicles.
(3) Pam McClain, 31526 Calle La Purisima, stated that visitors to her home often have no place
to park close to her unit and noted the vandalism that has occurred in the area.
(4) Richard Escalante, 31951 Calle Winona, stated that his street receives "spill-over" parking from
' the Casa de Capistrano neighborhood and expressed concern with trash being thrown onto his
property. He supported the program and suggested that a City-wide no overnight parking
program be implemented.
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206
(5) Jack Allen, 31511 Los Rios Street, member of the Board of Directors for Capistrano Villas III,
supported the proposed program and noted that no one was authorized to speak on behalf of
the Board.
(6) Kenneth Tou, Capistrano Villas I, spoke in support of the program.
(7) Tiffany Ashley, 30888 Avenida de la Vista, Capistrano Villas I, stated that the program has
been discussed at their membership meetings and has received no opposition.
Council Comments:
Council Member Hausdorfer suggested that the Homeowners Associations give sufficient time for
notifying all residents of this program to ensure that it is completely understood before it is
implemented.
Adoption of Resolution Authorizing the Administration of a Parking -by -Permit -Only Proms
by the Capistrano Villas Homeowners Association Boards of Directors:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the following
Resolution be adopted:
RESOLUTION NO, 94-1-18-4. NO PARKING EXCEPT BY PERMIT DURING
HOURS OF 3:00 A.M.- 6:00 A.M.(CAPISTRANO VILLAS) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING EXCEPT BY PERMIT DURING
HOURS OF 3:00 A.M.- 6:00 A.M." WITHIN A RESIDENTIAL SUBDIVISION
(CAPISTRANO VILLAS) AND ON DESIGNATED STREETS OR PARTS
THEREOF
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
ABSENT: None
Authorization to Transfer Funds:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously
carried that authorization be given to transfer $4,400 from the General Fund Reserve to the Operating
Budget, Account No. 01-62238-4413-007, for the purchase of necessary signs and poles.
4L • � l� _i t _t
Written Communication:
Report dated January 18, 1994, from the Planning Director, recommending that the City enter into a
contract with the consulting firm of Williams-Kuebelbeck & Associates, Inc. for the preparation of a
feasibility analysis of six Historic Town Center conceptual design alternatives developed by City staff.
The designs were developed from the public workshop document, "Goals and Policies for the Historic
Town Center Master Plan." The proposed contract amount would not exceed $12,300. —
Mr. Tomlinson made an oral presentation, noting that the consultant and City staff had agreement to
modify Section 10 of the proposed Agreement to give the consultant the right to renegotiate fees if the
City Council Minutes -10- 1/18/94
207
Historic Town Center project was delayed longer than 12 months because the project was suspended
' by the City.
ADyroval of Contract:
It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried
that the Agreement for Consulting Services between the City and the firm of Williams-Kuebelbeck &
Associates, Inc. be approved at a cost not to exceed $12,300, as amended to give the consultant the right
to renegotiate fees if there was a delay greater than twelve months due to City suspension of the project.
DIRECTOR OF ENGINEERING AND BUHMING SERVICES
1. DRAINAGE REIMBURSEMENT AGREEMENT- RANCHO RV STORAGE(FORSTER)
(600.60)
Written Communication:
Report dated January 18, 1994, from the Director of Engineering and Building, recommending that the
proposed Reimbursement Agreement between the City and Thomas A. Forster be approved for the
design and construction of a storm drain system by Mr. Forster on Assessor's Parcel Nos. 121-171-46
and 121-171-47. The Agreement would provide a mechanism for the City to reimburse Mr. Forster in
the amount of $172,050 over a ten-year period, which represents half the estimated cost of designing and
constructing the storm drain. An additional reimbursement to the City in the amount of $25,739 from
future development would be credited to Mr. Forster within a 20 -year period.
Approval of Reimbursement Agreement with Thomas A. Forster:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously
carried that the Reimbursement Agreement between the City and Thomas A. Forster be approved.
' The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. The City
Clerk was directed to forward the document to the Orange County Recorder.
2. APPROVAL OF ESTABLISHMENT OF A PUBLIC FACILITIES FINANCING
CORPORATION BY THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY
(SERRA) (1040.60)
Written Communication:
Report dated January 18, 1994, from the Director of Engineering and Building, recommending that the
City enter into an agreement with SERRA for participation in the Public Facilities Financing
Corporation. The intent of the shell corporation would be to reduce long-term debt financing costs by
pooling the joint resources of SERRA, the South Orange County Reclamation Authority, and the Aliso
Water Management Agency, as well as to make the issuance of municipal bonds more attractive in the
market and provide for lower interest rates. The Report noted that City staff did not support
participation in the debt financing of the Administrative and Operation buildings because City reserves
at SERRA were adequate to pay for both buildings.
Approval of Agreement with SERRA and Non -Support of Participation in Debt Financing
It was moved by Council Member Vasquez, seconded by Council Member Jones, and unanimously
carried that:
(1) The Agreement between the City and SERRA for participation in the Public Facilities
Financing Corporation be approved; and
' (2) The City not support participation in debt financing for the Administration and Operations
buildings.
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3. CONSIDERATION OFPREFERRED ALTERNATIVE FOR A REVISED SPORTS PARK
CONCEPTUAL PLAN TO PROVIDE A JOINT -USE SITE FOR A NEW DEL OBISPO
ELEMENTARY SCHOOL (530.40).(9 2 0. 3 O
Written Communication:
Report dated January 18, 1994, from the Director of Engineering and Building, providing and analysis
of the School District's proposal to purchase 10 acres of CRA land within the Kinoshita Farm site on
the Open Space Master Plan and reviewing four proposed alternative concept plans. The report advised
that the 10 -acre site was not part of the Open Space Bond fund purchase and that the Open Space
Master Plan did not identify a specific use for that site. However, the Open Space Master Plan did
suggest that should the site be determined suitable to meet the Capistrano Unified School District
requirement for Continuing and Adult Education programs, an opportunity may be provided for joint -
use of parking and additional recreation facility use on the site. The report recommended identifying
Alternative A as the preferred Conceptual Park Plan; recommended approving proposed schedule for
public review of the preferred Conceptual Park Plan; and, requested staff direction to incorporate
revision to Phase One plans necessary to comply with the preferred Conceptual Park Plan Alternative.
Sharon Huestis, Open Space Project Manager, made an oral presentation. Conceptual plans of the
alternatives were on display.
Public Comments:
(1) Roy Nunn, 31011 Paseo Valencia, on Board of Directors for AYSO, suggested that Area F be
constructed as part of Phase I to provide more soccer fields as quickly as possible.
(2) Jack Tarr, 27452 Calle Arroyo, requested that Area F be constructed during Phase I instead
of Area D. He noted that Area F was excluded in Phase I in all of the alternatives presented
and emphasized the need to provide more soccer fields as soon as possible. He felt that —
parking for the fields could be accommodated in the interim with the joint use of the Marco
Forster lot on weekends. He urged the Council to address maintenance issues.
(3) Marlene Draper, member of Board of Trustees, Capistrano Unified School District, urged the
Council's support of Alternative A to allow City staff and School District representatives to
address concerns with parking and safety issues. She requested the District be allowed the
flexibility on the property to configure the school buildings as needed. She felt that the dual
access provided in Alternative A would help to alleviate circulation problems and noted that
the alternative has not been specifically reviewed by the Board of Trustees. She spoke
regarding the tremendous growth in the number of students attending San Juan Capistrano
schools and the strict State guidelines the District must follow in trying to locate another
suitable school site. She stated that the only alternative to a joint use would be the placement
of 20 portable units on the existing site Marco Forster/Del Obispo Elementary school site. She
expressed concern that although the State has approved funding sources to build another school,
the funding could be lost if plans for the school were delayed too long.
Council Comments:
Council Member Nash expressed concern that each time proposals are presented, additional agriculture
lands are lost. She stated that she did not want to lose any more agriculture and noted she did not
approve of access off of Alipaz Street. She felt that the intent of the Open Space Master Plan was to
preserve the agricultural fields; however, due to community input and preference, ball fields were
preferred at this location. She felt that the Council Ad Hoc Committee should have reviewed all of the
school site alternatives prior to this meeting and have provided their input. She suggested that a Council
Ad Hoc Committee meet with the School Board and City staff to review all of the alternatives.
Council Member Jones felt that the City s priority should be providing quality education for its children
and urged that the City make every effort to coordinate with the School District in implementing a plan
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to allow timely receipt of State funding for construction of another school. He felt that the access road
' off Alipaz could be mitigated and enhanced. He felt that the construction of portable units for students
was not providing quality education and noted the City's commitment to constructing a Community
Center on the site.
Council Member Vasquez stated that the Council Ad Hoc Committee, consisting of himself and Council
Member Hausdorfer, had met with representatives of the School Board regarding the need to find
another school site. Council Member Hausdorfer stated that this issue had not been part of the Ad Hoc
Committee's charge at that time. Council Member Vasquez felt that Area F soccer fields should be
constructed in Phase I because of the possible delay in the construction of two other fields by the School
District. He suggested that funding of Area F be addressed during the budget process, perhaps by
reprioritizing funds. Council Member Hausdorfer noted that the original intent of the Open Space Bond
Measure was to preserve the City's agricultural land and that it was never his vision to develop the
Kinoshita site but to preserve it; however, compromises were necessary.
Council Members discussed whether to review Alternative A exclusively or consider all alternatives
provided. It was a general consensus that all alternatives should be considered for feasibility.
Approval of Process for Consideration of Revised Conceptual Park Plan:
It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried
that the existing Council Ad Hoc Committee meet with representatives of the School Board to discuss
alternatives and resolve outstanding issues, starting with, but not limited to, Alternative A.
4. FINAL PARCEL MAP 93-178 FOR PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF LOBO AND MISSION STREETS (BLANK) (420.70)
' Council Member Vasquez indicated he would abstain on this item due to a potential conflict of interest relating
to the proximity of his residence/business.
Written Communication:
Report dated January 18, 1994, from the Director of Engineering and Building, recommending that Final
Map 93-178 be approved. Parcel Map 93-178 will subdivide a .57 -acre parcel located at the southwest
corner of Mission and Lobo Streets into two residential lots of .28 and .29 acres. It is a further
subdivision of Lot 3 of Parcel Map 89-313.
Mr. Huber noted that the following conditions had been approved by the Water District for inclusion
on the Final Map and should be made part of the City Council's action:
(1) Both parcels shall be subject to payment of all applicable Capistrano Valley Water District fees
and charges prior to the issuance of any City Building Permits.
(2) Prior to the issuance of the first Building Permit for either Parcel 1 or 2, the permit applicant
shall install a fire hydrant and any necessary water main fines to service said hydrant, as
required by the Orange County Fire Marshal.
Approval of Final Mao 93-178:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that Final Map
93-178 be approved based on the finding that the Final Map is in conformance with the Subdivision Map
Act and the conditions of approval set forth in City Council Resolution No. 93-8-3-7, including the
additional conditions relating to payment of Capistrano Valley Water District fees and installation of
a fire hydrant. The motion carried by a 4-0-1 vote, with Council Member Vasquez abstaining.
The City Engineer and City Clerk were authorized to execute the Map. The City Clerk was directed
to forward the Map to the Orange County Recorder's Office for recordation.
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1 I' elle' e ' e� I �.
1. AUTHORIZATION TO PURCHASE 1994 "FOLLOW THE SWALLOW RUN"
COMMEMORATIVE MERCHANDISE (COASTAL ENTERPRISES) (150.60)
Written Communication:
Report dated January 18, 1994, from the Director of Community Services, reporting on the bids received
for the 1994 Follow the Swallow Run merchandise. The report recommended that the merchandise be
purchased from Coastal Enterprises in the amount of $10,947.83, which included all shipping, delivery,
screen charges, and sales tax.
Authorization to Purchase Commemorative Merchandise:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously
carried that the purchase of the 1994 Follow the Swallow Run T-shirts, sweatshirts, hats, and sports bags
be authorized from Coastal Enterprises in the amount of $10,947.83.
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (800.50)
Council Member Nash noted that construction of the Corridor is continuing.
b. San Joaquin Hills Transportation Corridor (800.50)
Mr. Scarborough advised that a meeting would be scheduled with Mayor Campbell, City staff,
and Bill Woollett.
1. COUNCIL AD HOC COMMITTEES (610.60)
Mayor Campbell requested that staff activate the appropriate Council Ad Hoc Committees to address
pending issues before items are presented at Council meetings.
2. DONATIONS TO CITY (150.10)
Mayor Campbell expressed appreciation for the donations accepted from the following persons:
1) Edgard Mansoor to the Youth Scholarship Fund; 2) Sharon Kay Doherty to the Teen Program;
3) Scott Sharp to the After School Recreation Program; 4) Millie Walls to the Community Center Trust
Fund; and 5) Robert Molina to the Youth Scholarship Fund.
Council recessed to a Closed Session at 10:27 p.m. for discussion of labor negotiations with the Water District
per Government Code Section 54957.6 and real property negotiations with the CRA Board per Government
Code Section 54956.8 (26832 Ortega Highway - O'Neill/Nordeck/Riverside Commercial Investors), the City
Clerk being excused therefrom, and reconvened at 12:00 a.m. Wednesday, January 19, 1994.
City Council Minutes -14- 1/18/94
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ADJOURNMENT
' There being no further business before the Council, the meeting was adjourned at 12:00 a.m. Wednesday,
January 19, 1994, to the next regular meeting date of Tuesday, January 28, 1994, at 8:00 a.m. in the City Council
Chamber to meet with Assemblyman William Morrow.
n
Respectfully submitted,
CHERYL JOBNSCJN, CITY CLERK
City Council Minutes .15. 1/18/94