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94-0215_CC_Minutes_Regular Meeting229 FEBRUARY 15, 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 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Rusty Howard of the Community Christian 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; Al King, Jr., Director of Community Services; Lt. Paul Sullivan, Orange County Sheriffs Department; Nancy Bernardi, Recording Secretary. MOTION TO READ BY =LE ONLY It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried that all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS 1. PRESENTATION - AMERICAN RED CROSS MONTH (610.40) Written Communication: Report dated February 15, 1994, from Carole Jacklin, Council Services Manager, forwarding the Proclamation declaring March 1994 as American Red Cross Month. Approval and Presentation of Proclamation: Mayor Campbell read the Proclamation in full. Judy lannaccone of the Red Cross was present to receive the Proclamation. Ms. Iannaccone presented a Red Cross flag to the City Council to be flown at City Hall during the month of March 1994. 2. PRESENTATION - AYSO ALL-STAR TEAMS (610.40) Written Communication: Report dated February 15, 1994, from Carole Jacklin, Council Services Manager, noting that two groups of girls had been selected to represent the City on the AYSO All-Star Teams, Region 87, to compete in the AYSO World Games in Honolulu, Hawaii. Mayor Campbell introduced each girl and presented them with Certificates of Achievements. Team coaches Jeff Randolph and Mike Roy presented team photographs to the City. City Council Minutes 1- 2/15/94 230 ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) 1. REQUEST FOR FUNDING - RIOS FAMILY SWALLOW'S DAY PARADE ENTRY (330.20) Jacqueline Nunez, 26811 Acjachema, submitted a letter dated February 10, 1994, on behalf of the San Juan Capistrano Indian Council and the Juaneno Band of Indians requesting a City donation in the amount of $850 to assist in the Rios family's participation in the Swallow's Day Parade to commemorate the 200th anniversary of the Rios Adobe, Gil Jones, who spoke as a citizen, emphasized the significance of the Rios Adobe to San Juan Capistrano as being the oldest inhabited structure in California and urged the City's participation. Finding for Consideration of Off -Agenda Item: It was moved by Council Member Vasquez, seconded by Council Member Hausdorfer, to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. The motion carried with Council Member Jones abstaining. Approval of City Donation: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the City donate $850 in honor of the Rios Adobe's 200th anniversary. The motion carried with Council Member Jones abstaining. 2. COMMUNITY CENTER - OPEN SPACE MASTER PLAN (530.40) Al Simmons, 32302 Alipaz Street, Space 135, speaking as president of the San Juan Capistrano Seniors Club, urged that construction of the community center be made a priority for the Sports Park site, as designated in the Open Space Master Plan. He presented a check in the amount of $4,677.69 from the — Seniors Club, which included proceeds from the Club's 1993 See's Candies sale, their AARP account, and their savings account, as well as a donation of $25 from the Schwenk sisters. He noted that the donations received to date for the community center total $5,200. Council Member Hausdorfer noted that the Council Ad Hoc Committee had met on this subject and that the matter would be agendized for the meeting of March 1. He suggested that the donors be memorialized at the new community center and Council concurred. 3. SOLAG RELOCATION (810.10) Mike Mathewson, 28862 Via Leona, urged the City to resolve the issue of Solag's relocation as soon as possible. He noted that the City's consideration of the La Pata site has caused the sale of homes in that area to fall out of escrow and expressed concern with loss of property values should Solag be relocated to the La Pata site. He felt that Open Space land should not be used for the Solag operation. Nanette Toland, 28882 Via Leona, expressed concern regarding potential pollution impacts to their neighborhood if Solag were relocated to the La Pata site. She urged residents to support Solag's relocation to an industrial area out of San Juan Capistrano. It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the staff recommendations be accepted for the following items listed on the Consent Calendar, except items 6 and 7. The motion carried by the following vote: City Council Minutes -2- 2/15/94 n L AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None APPROVAL OF CITY COUNCIL MINUTES a. Adjourned Regular Meeting of January 12. 1994 - The Minutes of the Adjourned Regular Meeting of January 12, 1994, were approved as submitted. b. Regular Meeting of January 18. 1994 - The Minutes of the Regular Meeting of January 18, 1994, were approved as submitted. C. Adjourned Regular Meeting of January 28. 1994 - The Minutes of the Adjourned Regular Meeting of January 28, 1994, were approved as submitted. Council Members Hausdorfer and Vasquez abstained due to their absence at the January 28 meeting. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR MEETING OF JANUARY 18,199 The Minutes of the Regular Meeting of January 18, 1994, were approved as submitted. 3. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated February 15, 1994, from the Planning Director, advising that no new development applications were received by the City since the last report of January 18, 1994, was received and filed. 4. RESOLUTIONS ACCEPTING SEWER AND STORM DRAIN EASEMENTS AND APPROVAL OF A LICENSE AGREEMENT - 31896 PASEO MERCADO DE CAPISTRANO. ARCHITECTURAL CONTROL 88-8 (YU/DRAGON INTERNATIONAL DEVELOPMENT CORPORATION/HOME FURNISHING CENTER) (600.30/670.50) As set forth in the Report dated February 15, 1994, from the Director of Engineering and Building, the following Resolutions were adopted accepting the dedications of sewer and storm drain easements at 31896 Paseo Mercado de Capistrano: RESOLUTION NO. 94-2-15-1. ACCEPTANCE OF SEWER EASEMENT - HOME FURNISHING CENTER (DRAGON INTERNATIONAL DEVELOPMENT CORPORATION/YU) (ARCHITECTURAL CONTROL 88-8)- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR SEWER PURPOSES LOCATED AT 31896 PASEO MERCADO DE CAPISTRANO/PASEO CAPISTRANO HOME FURNISHING CENTER (DRAGON INTERNATIONAL DEVELOPMENT CORPORATION/YU) (ARCHITECTURAL CONTROL 88-8) City Council Minutes -3- 2/15/94 231 232 RESOLUTION NO. 94-2-15-2. ACCEPTANCE OF STORM DRAIN EASEMENT - HOME FURNISHING CENTER (DRAGON INTERNATIONAL DEVELOPMENT CORPORATION/YU) (ARCHITECTURALCONTROL88-8)- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED AT 31896 PASEO MERCADO DE CAPISTRANO/PASEO CAPISTRANO HOME FURNISHING CENTER (DRAGON INTERNATIONAL DEVELOPMENT CORPORATION/YU) (ARCHITECTURAL CONTROL 88-8) the License Agreement between the City and Dragon International Development Corporation/Yu was approved. The Agreement retained the City's rights to cause relocation of the private utility service lines if reconstruction of either the sewer and/or storm drain were necessary, with costs to be borne by the property owner. The Mayor and City Clerk were authorized to execute the License Agreement, and the City Clerk was directed to record the easement dedications and the License Agreement with the County Recorder. 5. RESOLUTIONS ACCEPTING SEWER AND STORM DRAIN EASEMENTS AND APPROVAL OF A LICENSE AGREEMENT - 31894 PASEO MERCADO DE CAPISTRANO, ARCHITECTURAL CONTROL 88-8 (PASEO CAPISTRANO ASSOCIATES/HOME FURNISHING CENTER) (600.30/670.50) As set forth in the Report dated February 15, 1994, from the Director of Engineering and Building, the following Resolutions were adopted accepting the dedications of sewer and storm drain easements at 31894 Paseo Mercado de Capistrano: RESOLUTION NO, 94-2-15-3. ACCEPTANCE OF SEWER EASEMENT - HOME FURNISHING CENTER (PASEO CAPISTRANO ASSOCIATES) (ARCHITECTURAL CONTROL 88-8) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR SEWER PURPOSES LOCATED AT 31894 PASEO MERCADO DE CAPISTRANO/PASEO CAPISTRANO HOME FURNISHING CENTER (PASEO CAPISTRANO ASSOCIATES) (ARCHITECTURAL CONTROL 88-8) RESOLUTION NO. 94-2-15-4. ACCEPTANCE OF STORM DRAIN EASEMENT - HOME FURNISHING CENTER (PASEO CAPISTRANO ASSOCIATES) (ARCHITECTURAL CONTROL 88-8) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED AT 31894 PASEO MERCADO DE CAPISTRANO/PASEO CAPISTRANO HOME FURNISHING CENTER (PASEO CAPISTRANO ASSOCIATES) (ARCHITECTURAL CONTROL 88-8) the License Agreement between the City and Paseo Capistrano Associates was approved. The Agreement retained the City's rights to cause relocation of the private utility service lines if reconstruction of either the sewer and/or storm drain were necessary, with costs to be borne by the property owner. The Mayor and City Clerk were authorized to execute the License Agreement, and the City Clerk was directed to record the easement dedications and the License Agreement with the County Recorder. City Council Minutes -4- 2/15/94 i The following items were removed from the Consent Calendar. RECOMMENDATION OF TRANSPORTATION COMMISSION FOR TRAFFIC CONTROL AT DEL OBISPO/CAMINO DEL AVION) (590.70) Written Communication: Report dated February 15, 1994, from Director of Engineering and Building, recommending that "No Right Turn on Red When School Children Present" signs be installed where appropriate at Camino Del Avion and Del Obispo Street, as requested by the Capistrano Unified School District. The Report recommended that a Sheriffs Department representative attend the next Transportation Commission meeting to clarify the Commission's concerns regarding a general lack of enforcement of traffic moving violations in the subject area. Barbara Tannin, 32642 Deadwood Drive, noted that the Sheriffs Department felt that the proposed 60 - day enforcement study would not address the problems at this intersection. Council Member Jones indicated he would oppose the staff recommendation because he felt a crossing guard was needed at this intersection. He concurred with the Sheriff's Department's comments regarding the proposed 60 -day enforcement study. Approval of Sign Installation: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that City staff be directed to install "No Right Turn on Red When School Children Present" signs where appropriate at Camino Del Avion and Del Obispo Street, as requested by the Capistrano Unified School District. The Sheriff's Department was requested to have a representative attend the next Transportation Commission meeting to clarify the Commission's concerns regarding a general lack of enforcement of traffic moving violations in the subject area. The motion carried by the following roll call vote: AYES: Council Members Hausdorfer, Nash, Vasquez, and Mayor Campbell NOES: Council Member Jones ABSENT: None REQUEST FOR INITIATION OF AMENDMENT TO LOS RIOS PRECISE PLAN FOR HISTORIC RESIDENTIAL DISTRICT USES (400.50) Council Members Jones and Vasquez indicated they would abstain due to the location of their residences/businesses in the Los Rios Historic District. Written Communications. Report dated February 15, 1994, from the Planning Director, forwarding a Resolution to initiate consideration of amendments to Sections 2 and 3 of the Los Rios Precise Plan to clarify the principal permitted use (residential) in the Los Rios Historic District. Initiating Consideration of Amendment: It was moved by Council Member Hausdorfer, seconded by Council Member Nash that the following Resolution be adopted: City Council Minutes -5- 2/15/94 233 234 RESOLUTION NO. 94-2-15-5 - INITIATING AMENDMENT TO LOS RIOS PRECISE PLAN - HISTORIC RESIDENTIAL DISTRICT USES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT TO SECTIONS 2 AND 3 OF THE LOS RIOS PRECISE PLAN, CLARIFYING THE PRINCIPAL PERMITTED USE IN THE HISTORIC RESIDENTIAL DISTRICT The motion carried by the following vote: AYES: Council Members Hausdorfer and Nash and Mayor Campbell NOES: None ABSTAIN: Council Members Jones and Vasquez ABSENT: None PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION ACTION OF NOVEMBER 9. 1993 - INSTALLATION OF PLAYGROUND EQUIPMENT AND TREE REMOVAL PERMIT. ARCHITECTURAL CONTROL 73-1006 MODIFICATION. 31822 DEL OBISPO STREET (McDONALD'S RESTAURANT) (410,60) (CONTINUED FROM FEBRUARY 1. 1994) Proposal: Consideration of an appeal by the City Council of the Planning Commission action of November 9, 1993, approving a playground addition for the existing McDonald's restaurant located at 31822 Del Obispo — Street, subject to conditions limiting the equipment to 87" in height. The public hearing was continued from the meeting of February 1, 1994, to allow staff and the applicant to resolve the issue of the structure's height so that it could meet City standards and the applicant's business purposes. A Ilan : San Juan Capistrano City Council Property Owner/Applicant: Ross Pollard 32222 Camino Capistrano San Juan Capistrano, CA 92675 Written Communication: Report dated February 15, 1994, from the Planning Director, recommending that the revised plans for the playground be approved, subject to conditions requiring root barriers for all four Ficus Benjamina trees, limiting the height of the play equipment to 9'6" and the colors of the visible portions to beige and brown tones, and requiring horizontal crossbars on the proposed fencing for holding vines. Modifications proposed by the applicant also included arched fencing rather than flat to provide additional screening, decorative caps on the wall pilasters, vine pockets/planters, extension of southerly sidewalk, and the addition of three Ficus trees along the southern perimeter. Exhibits were on display, and Mechelle Lawrence, Assistant Planner/Project Manager, made an oral presentation. She noted that the proposed Ficus trees would be minimally maintained to preserve their natural shape and that the trees proposed along the southern property line would have 5 -foot minimum spacing. Mayor Campbell requested assurance that the landscaping be continually maintained. City Council Minutes IM 2/15/94 235 Public Hearing: ' Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the following person responded: (1) The applicant, Ross Pollard, expressed appreciation to City staff for their cooperation in resolving the height issue for the play equipment and felt that the proposed 9'6" height would have sufficient play value. He noted that other playgrounds that were recessed into the ground had safety and drainage issues that could not be completely resolved. There being no further input, the hearing was declared closed with the right to reopen at any time. Adoption of Resolution Modifying the Planning Commission's Approval of AC 73-1006 (Modification) and AQprovinQ a Tree Removal Permit: It was moved by Council Member Jones, seconded by Council Member Hausdorfer, that the following Resolution be adopted, subject to the following additional conditions: 1. The proposed Ficus trees shall be minimally maintained to preserve their natural shape. 2. The trees proposed along the southern property line shall have 5 -foot minimum spacing. RESOLUTION NO. 94-2-15-6. MODIFYING PLANNING COMMISSION APPROVAL OF ARCHITECTURAL CONTROL 73-1006 (MODIFICATION) (McDONALD'S) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MODIFYING THE PLANNING COMMISSION'S NOVEMBER 9, 1993, APPROVAL OF ARCHITECTURAL CONTROL 73-1006 (MODIFICATION), AND APPROVING A REQUEST FOR A ' TREE REMOVAL PERMIT FOR AN EXISTING FAST-FOOD RESTAURANT LOCATED AT 31822 DEL OBISPO STREET (McDONALD'S) The motion carried by the following roll call vote: AYES: Council Members Hausdorfer, Jones, Vasquez, and Mayor Campbell NOES: Council Member Nash ABSENT: None Council Member Nash explained that she still opposed the playground at this location in the Design Overlay District because of its incompatibility with the historic nature of the area. 2. AMENDMENTS TO SECTIONS 9-2.315 AND 9-2.404 OF TITLE 9 OF THE MUNICIPAL CODE THE ADMINISTRATIVE APPROVALS AND ZONING ADMINISTRATOR AUTHORITY AND PROCEDURES FOR STREAMLINING OF DEVELOPMENT PROCESS FOR MINOR APPLICATIONS (420.30) (CONTINUED FROM JANUARY 18. 1994) Proposal: Consideration of an amendment to Sections 9-2.315 and 9-2.404 of the Municipal Code to modify the standards of administrative approvals and expand the duties and responsibilities of the Zoning Administrator to include approvals of non -controversial applications. The Code Amendments were initiated by the City Council in order to streamline the timing and processing of development applications. The hearing was continued from the meeting of November 2, 1993, to allow the City Council Ad Hoc Committee to complete its analysis of the City's development review process. City Council Minutes -7- 2/15/94 236 Written Communication: Report dated February 15, 1994, from the Planning Director, recommending that the Municipal Code be amended to modify the standards of Administrative Approvals and expand the duties and responsibilities of the Zoning Administrator. The Report also recommended that Council Policy 110, "Zoning Administrator Rules and Procedures," be rescinded to avoid redundancy. Mr. Tomlinson made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Introduction of Ordinance Amending Sections 9-2315 and 9.2.404 of the Municipal Code: 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 Jones, seconded by Council Member Nash, that the following Ordinance be introduced: AMENDING TITLE 9 OF THE MUNICIPAL CODE, ADMINISTRATIVE APPROVALS AND ZONING ADMINISTRATOR DUTIES -AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.315 AND 9-2.404 OF THE MUNICIPAL CODE TO MODIFY THE STANDARDS OF ADMINISTRATIVE APPROVAL AND TO EXPAND THE DUTIES AND RESPONSIBILITIES OF THE ZONING ADMINISTRATOR The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None Rescinding of Council Policy No. 110: It was moved by Council Member Vasquez, seconded by Council Member Jones, and unanimously carried that Council Policy No. 110 be rescinded. 3. ESTABLISHMENT OF NUMERICAL LIMITS FOR CALENDAR YEARS 1995-97 AND CONSIDERATION OF THE RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1994-97 (RESIDENTIAL GROWTH MANAGEMENT PROGRAM) (440.50) Proposal: Consideration of: (1) the establishment of numerical limits for calendar years 1995-97 under the City's Growth Management Program to restrict the number of residential building permits to 400 per year; and, (2) the proposed Residential Allocation Schedule for calendar years 1994-97. Written Communication: Report dated February 15, 1994, from the Planning Director, forwarding a recommendation that the numerical limit be set at 400 units per year. The Report further recommended the allocation of building permits to the following projects: Lomas San Juan (Glendale Federal Planned Community), Pacific Point/TMC (Forster Canyon Planned Community), San Juan Meadows (Forster Canyon Planned Community), Pepperwood Estates (Tract 14379), and Concorde Development (Tract 14398). Mr. Tomlinson made an oral presentation. City Council Minutes -8- 2/15/94 237 Public Hearing: ' Notice having been given as required by law, Mayor Campbell opened the Public Hearing and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Establishing Annual Numerical Limits: It was moved by Council Member Nash, seconded by Council Member Jones, that the following Resolution be adopted establishing the numerical limits for calendar years 1995-97 at 400 units per year: RESOLUTION NO. 94-2-15-7. ESTABLISHING NUMERICAL LIMITS FOR CALENDAR YEARS 1995 THROUGH 1997 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NUMERICAL LIMITS FOR CALENDAR YEARS 1995 THROUGH 1997 CONSISTENT WITH TITLE 9, CHAPTER 7, RESIDENTIAL GROWTH MANAGEMENT The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None Adoption of Resolution Approving Residential Allocation Schedule: It was moved by Council Member Nash, seconded by Council Member Jones, that the following Resolution be adopted: ' RESOLUTION NO. 94-2-15-8. APPROVING RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1994 THROUGH 1997 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1994 THROUGH 1997 PURSUANT TO TITLE 9, CHAPTER 7, RESIDENTIAL GROWTH MANAGEMENT The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None 4. REVISED SIGN AND LIGHTING PLANS FOR THE SAN JUAN CAPISTRANO/METROLINK DEPOT AND PASSENGER LOADING PLATFORM (CIP 108) LOCATED AT THE NORTHERN TERMINUS OF VERDUGO STREET. ARCHITECTURAL CONTROL 91-04 (600.30) Mayor Jones and Council Member Vasquez indicated they had potential conflicts of interest in this matter due to the proximity of their residences/businesses to this project. Council Member Jones left the Council Chamber. Proposal: Consideration of modifications to the approved sign and lighting plans for the railroad platform, including an exception to Section 9-3.614 (Lighting) of the Municipal Code to permit illumination levels City Council Minutes -9- 2/15/94 23S of 10 footcandles where 5 are permitted. The project is located at the western terminus of Verdugo Street, adjacent to the Franciscan Plaza Parking Structure. A li n : Metrolink/OCTA c/o Mr. Al Witzig Fluor Daniel, Inc. 3333 Michelson Drive Irvine, CA 92730 Written Communication: Report dated February 15, 1994, from the Planning Director, recommending that the proposed modifications to the approved sign program and lighting plans, including the lighting exception, be approved, subject to conditions. Exhibits were on display, and C. J. Amstrup, Assistant Planner/Project Manager, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Approving Modifications to the Lighting Plans and Sign Program and Exception to Section 9-3.614 (Lighting): It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the following Resolution be adopted: RESOLUTION NO, 94-2-15-9. APPROVING MODIFICATIONS TO APPROVED SIGN PROGRAM AND LIGHTING PLAN - SAN JUAN CAPISTRANO/ METROLINK DEPOT AND RAILROAD PASSENGER LOADING AND WAITING PLATFORM SOUTH (ARCHITECTURAL CONTROL 91-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING MODIFICATIONS TO THE APPROVED SIGN PROGRAM AND LIGHTING PLAN AND AN EXCEPTION TO SECTION 9-3.614 (LIGHTING) OF THE MUNICIPAL CODE - SAN JUAN CAPISTRANO/METROLINK DEPOT AND RAILROAD PASSENGER LOADING AND WAITING PLATFORM SOUTH (ARCHITECTURAL CONTROL 91-4) The motion carried by the following vote AYES: Council Members Hausdorfer, Nash, and Mayor Campbell NOES: None ABSTAIN: Council Member Vasquez ABSENT: Council Member Jones Council Member Jones returned to the Council Chamber. RECESS AND RECONVENE Council recessed at 8:20 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:20 p.m. City Council Minutes -10- 2/15/94 239 ADMINISTRATIVE ITEMS ' CITY MANAGER 1. CONSIDERATION OFAGREEMENTTO PROVIDE A VISITOR'S/TOURISM BUREAU AT COMBS HOUSE (WALLOWS FOUNDATION) (600.30) (CONTINUED FROM FEBRUARY 1. 1994) Council Members Jones and Vasquez indicated they had potential conflicts of interest in this matter due to the proximity of their residencesibusinesses to this project. Written Communication: Report dated February 15, 1994, from the City Manager, advising that City staff had begun negotiations with the Swallows Foundation, as directed by the Council on February 1, 1994, regarding the rehabilitation of the facility and services to be provided, including staffing, hours of operation, and allowable tenants. The proposed agreement would require the City to provide $35,000 for initial facility rehabilitation and $6,000 annually over a 5 -year period for staffing and visitor -related services. The total cost to the City would be $65,000 over a five-year period. Mr. Scarborough made an oral presentation. He advised that the Los Rios Review Committee met on February 7, 1994, to discuss the proposal. The Committee had concurred that a visitor's center was needed; that the Combs House would be a good location for the visitor's center if proper restoration and preservation were assured; and, that all aspects of the plans should be reviewed by the Committee. He noted that the Committee did not discuss public funding because it was not in their scope of responsibilities. ' Public Comments: (1) Don Frey, President of the Swallows Foundation, concurred with the staff recommendations. He requested that City fees be waived for this project and that if an archaeologist was required on the site, use of the City's archaeological consultant, Roberta Greenwood & Associates, be provided gratis. Council Comments: Council Member Hausdorfer stated he opposed this use of City funds as there was not enough assurance that the City would not be continually involved with the property in the event the Swallows Foundation was not able to meet its financial obligations. Council Action: It was moved by Council Member Nash, seconded by Mayor Campbell, that the following be approved: (1) Request for Evidence from Swallows Foundation: The Swallows Foundation shall provide evidence of the following: (a) (b) (e) (d) (e) Ability to obtain community/private donations of $20,000 (50% of the maximum financing gap) to provide the funds necessary to refinance the property; Ability to finance the property at 80% of appraisal value after rehabilitation; Ability to staff the visitor's/tourism center; Ability to provide a tenant at $6,000 annually; and Ability to obtain businesses to participate in the business promotion services. City Council Minutes 11- 2/15/94 240 (2) Authorization to Enter Into Contract with Swallows Foundation: The City Manager was authorized to execute a contract with the Swallows Foundation to provide a visitor's/tourism center for $35,000 in building rehabilitation funds and $6,000 annually for five years for operation upon completion of the rehabilitation. (3) Authorization to Appropriate Funds: Funds in the amount of $36,500 were appropriated from the General Fund Reserves to Account No. 01-62538-4122 for the rehabilitation and operation of the visitor's/tourism center from April 1, 1994, to June 30, 1994. Staff was directed to allocate funds in subsequent years' budgets for funding. The motion was carried by the following roll call vote: AYES: Council Member Nash and Mayor Campbell NOES: Council Member Hausdorfer ABSTAIN: Council Members Jones and Vasquez ABSENT: None 2. RESOLUTION AMENDING CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (EXECUTIVE EMPLOYEES) (700.20) Written Communication: Report dated February 15, 1994, from the City Manager, recommending that the City's Personnel Classification and Compensation Plan be amended to: (1) provide a 2% salary increase for Executive Employees for the 1993-94 fiscal year; (2) eliminate the existing Management Incentive Program; and, — (3) provide a 7% Deferred Compensation contribution --retroactive to July 1, 1993. Mr. Scarborough made an oral presentation and noted that the amendments would have a cost savings to the City of $1,805. Adoption of Resolution Amending the City's Personnel Classification and Compensation Plan: It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO. 94-2-15-10. AMENDING RESOLUTION NO. 89-10-17-3. THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN. FISCAL YEAR 1993-94 (EXECUTIVE EMPLOYEES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 89-10-17-3, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (FISCAL YEAR 1993-94) The motion carried by the following vote: AYES: NOES: ABSENT: City Council Minutes Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell None None -12- 2/15/94 241 DIRECTOR OF PLANNING SERVICES ' 1. REQUEST FOR PARTIAL WAIVER OF CITY FEES AND WAIVER OF MUNICIPAL CODE SECTION 9-3.623(a)(2)(iii) TO ALLOW A CIRCUS EVENT FROM APRIL 11-17 AT THE CORNER OF CAMINO CAPISTRANO AND JUNIPERO SERRA ROAD (KIWANIS CLUB OF CAPISTRANO VALLEY) (390.30) Written Communication: Report dated February 15, 1994, from the Planning Director, forwarding the request by the Kiwanis Club for the City to partially waive processing fees and/or provide City assistance in providing security for their fundraising event (Circus Vargas). The circus was scheduled to be held April 11 through April 17, 1994. The Report recommended that: (1) the request for waiver of fees be denied; (2) the applicant be required to provide its own security for the event; and, (3) Municipal Code Section 9-3.623(g)(2)(iii), which limits such events to five consecutive days, be waived to allow for the requested seven-day event. Lynnette Lehmann, Administrative Assistant, made an oral presentation. She noted that the applicant had suggested use of the City's Associated Senior Action Program (ASAP) volunteers to provide security for the event. Council Member Jones stated that certain fees should be waived for this event because of the Kiwanis Club's contributions to the community and support of other charitable organizations. He felt that a precedent may not be established if fees were waived for this event. Public Comments: ' Don Stott, 33781 Shamrock Lane, circus coordinator for the Kiwanis Club, concurred with the staff recommendation and discussed the Club's lack of funds and resulting withdrawal of support of certain youth programs. He noted his request to use the City's ASAP volunteers for security in the parking lot. Lt. Sullivan stated that since ASAP volunteers are not trained for this type of duty, their safety could be jeopardized. He explained that two Deputies per shift would be needed for this event but that they could not be removed from their regular patrol duties. He noted that after -dark hours would consist of approximately three hours per night. Council Comments: The Council Members generally felt that it was unfair to request the assistance of the Sheriff's Department, particularly since it could set a precedent with other organizations. Council Member Nash expressed concern regarding the ASAP volunteers' safety. Adoption of Resolution Denying Waiver of Fees. Requiring the Applicant to Provide Its Own Security. and Waiving_ Municipal Code Section 9-3.623(g)(2)(iii): It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted, with direction that City permits for the event shall not exceed $137, and the Business License tax shall be collected from Circus Vargas. RESOLUTION NO, 94-2-15-11, DENYING REQUEST TO WAIVE CITY PERMIT FEES FOR CIRCUS EVENT - KIWANIS CLUB OF CAPISTRANO VALLEY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING A REQUEST TO WAIVE THE CITY'S PERMIT FEES, REQUIRING THE APPLICANT TO PROVIDE SECURITY FOR THE EVENT AS APPROVED BY THE CITY, AND GRANTING A WAIVER OF THE CITY'S MUNICIPAL CODE SECTION 9-3.623(g)(2)(iii) TO ALLOW THE SPECIAL EVENT FOR A SEVEN-DAY PERIOD FROM APRIL 11 THROUGH 17, 1994 (CIRCUS EVENT/KIWANIS CLUB OF CAPISTRANO VALLEY) City Council Minutes -13- 2/15/94 242 The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None Staff was directed to work with the applicant regarding the issue of security and to provide a report to the Council. DIRECTOR OF ENGINEERING AND BUILDING SERVICES 1. PLANS, SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - EL HORNO (LIBRARY) PARKING LOT (600.30) Written Communication: Report dated February 15, 1994, from the Director of Engineering and Building, recommending that the plans and specifications for the construction of the EI Horno (Library) Parking Lot be approved and that staff be authorized to call for bids. The Report noted that because of insufficient revenue to fund the project, funds will be borrowed from the Sewer Enterprise Fund to ensure that the City's commitments to the Church Diocese and the community are met and to provide cash Bow until funding becomes available. Mr. Huber made an oral presentation and noted that San Juan Beautiful, Inc., had donated $1,250 toward the project. Public Comments: Patrick Crowley, 31407 EI Horno, suggested that a continuous slope to match to contoured terrain be considered instead of the proposed stepped wall. He also suggested that landscaping such as vines be planted against the wall to discourage graffiti. He stated that he still had concerns about the project because of evidence showing the site to be a Mission burial ground and felt that this matter should have been agendized as a public hearing because of the use of public funds for the project. Approval of Plans and Specifications and Authorization to Receive Bids: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that the plans and specifications for the construction of the El Horno (Library) Parking Lot be approved. Staff was authorized to receive bids. Staff was directed to work with Mr. Crowley and other residents regarding the wall construction, height, and graffiti concerns. 1. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY (ATSUO ITO. LOS RIOS REVIEW COMMITTEE) (110.20) Written Communication: Report dated February 15, 1994, from Carole Jacklin, Council Services Manager, forwarding the letter of resignation. Acceptance of Resignation /Declaration of Vacanq: It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously carried to accept the resignation of Atsuo Ito from the Los Rios Review Committee, with regrets, and to declare the position vacant. The City Clerk was directed to advertise for applications for City Council Minutes -14- 2/15/94 243 consideration at a future City Council meeting. Council Member Jones indicated he would present to ' plaque to Mr. Ito personally. 2. INITIATION OF AMENDMENT TO TITLE 2. CHAPTER 2. ARTICLE 4. AND TITLE 9. SECTION 9-1.201 OF THE MUNICIPAL CODE - DELETION OF ENVIRONMENTAL REVIEW BOARD AND ESTABLISHMENT OF ENVIRONMENTAL ADMINISTRATOR (410,70) Written Communication: Report dated February 15, 1994, from the City Council Ad Hoc Committee, recommending that a Code Amendment be initiated which would delete the Environmental Review Board and to assign those duties and responsibilities to a new position of Environmental Administrator. Environmental Administrator duties would be assumed by the Planning Director. The Committee also recommended that the Department of Planning Services assume the responsibilities of the Zoning Administrator (instead of the City Manager's Office). The Report explained that the purpose of the amendments was to streamline City processing without affecting the quality of the decision-making process. Mr. Tomlinson made an oral presentation. Adoption of Resolution Initiating Amendment: It was moved by Council Member Jones, seconded by Council Member Hausdorfer, that the following Resolution be adopted: RESOLUTION NO. 94-2-15-12, INITIATING AMENDMENT TO THE MUNICIPAL CODE - DELETION OF ENVIRONMENTAL REVIEW BOARD AND APPOINTMENT OF ENVIRONMENTAL ADMINISTRATOR - A RESOLU- ' TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE TO DELETE THE ENVIRONMENTAL REVIEW BOARD AND APPOINTMENT OF THE DIRECTOR OF PLANNING AS ENVIRONMENTAL ADMINISTRATOR The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None 2. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill/Eastern Transportation Corridor (800.50) Council Member Nash noted that there were no meetings were scheduled for February. b. San Joaquin Hills Transportation Corridor (800.50) Mayor Campbell noted that Transportation Corridor Agency staff and City representatives were meeting to discuss the landscaping requested by the City. City Council Minutes 15- 2/15/94 244 C. League of California Cities (140.20) Council Member Hausdorfer noted the meeting scheduled for February 17 to resolve AQMD issues. d. Southeast Regional Reclamation Authority (SERRA) (1040.60) Council Member Vasquez stated that a new engineer had been hired to assist in designing a device that will capture chlorine gas. 1. COMMISSION REPRESENTATION (610.60) Council Member Nash noted Commission representatives in attendance: Pauline Leonard of the Parks, Recreation, and Equestrian Commission, Bill Sonka of the Transportation Commission, and Bill Hardy of the Los Rios Review Committee. 2. HISTORIC DIRECTIONAL SIGNS (410.40) As suggested by Council Member Nash, it was a consensus of the Council that a study be initiated to consider the installation of small wooden directional signs to the City's historic structures and centers in the City, including small kiosk directional signs at the Mission, the Combs House (Visitor's Center), and/or the Depot. It was suggested that the signs should include a map with highlights and that a brochure be prepared containing maps showing the location of historic structures, major business centers, and listing most of the businesses in the City. The study should consider solicitation of donations for the brochure from businesses in the City. CLOSED SESSION Council recessed to a Closed Session at 9:12 p.m. for discussion of Real Property Negotiations per Government Code Section 54956.8 (1) All City Streets with Dimension Cable; and 2) 26832 Ortega Highway-- O'Neill/Nordeck/Riverside Commercial Investors) and Litigation per Government Code Section 54956.9(a) (Negrete v. City and related clean-up matters), the City Clerk being excused therefrom, and reconvened at 10:57 p.m. ANNOUNCEMENT OF CLOSED SESSION ACTIONS (610AD After conclusion of the Closed Session, the City Attorney announced the following actions had been taken during the Closed Session: 1. NEGRETE V. CITY OF SAN JUAN CAPISTRANO, ET AL. A request by Defendant Durenberger for the City to reimburse attorneys' fees expended in his own defense, in the amount of $5,164.00, was denied. 2. JULIAN V. NEGRETE In the settlement of the same group of cases, a request for an addendum modifying the settlement agreement to add a waiver of claims in the event of a breach by Negrete, against Truck Insurance Exchange and related insurers of Negrete in the matter of Julian v Negrete, was approved. City Council Minutes -16- 2/15/94 245 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:58 p.m. to the next regular meeting date of Tuesday, March 1, 1994, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, CHERYL JOHNSON, CITY CLERK ATTEST: LLENE CAAPBEU, MAYOR City Council Minutes -17- 2/15/94