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94-0719_CC_Minutes_Regular Meeting395 JULY 19,1994 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 Pastor William Ferrell of The Life Church. ROLL CALL: PRESENT: Collett Campbell, Mayor Gary L. Hausdorfer, Council Member Gil Jones, Council Member Carolyn Nash, Council Member ABSENT: Jeff Vasquez, Council Member 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 TITLE ONLY It was moved by Council Member Jones, seconded by Council Member Hausdorfer, and unanimously carried that all Ordinances be read by title only. 3014161 il I M Lai asi•. . I e el el 19),94XIIM Lei J el• . 1'1 Mayor Campbell presented Joan Hood with a Community Service Award in recognition of her efforts as a volunteer with the City's Associated Senior Action Program (ASAP), including her dedication to ASAP's Elderly Support Program. Yomar Cleary, Program Director, presented Mrs. Hood with a pin in recognition of her 1,000 hours of volunteer work. • ►I g• • • M :u11111VUIVILOY40 Written Communication: Report dated July 19, 1994, from Julia Kimminau, Management Assistant, advising that Lynnette Lehmann, Administrative Assistant, and R Anthony Foster, Engineering Assistant had attained 15 years of employment with the City; and, Robert Banda, Maintenance Worker, had attained 25 years of employment with the City. ' Mayor Campbell presented service plaques to Lynnette Lehmann, and Tony Foster in recognition of their service to the City. Robert Banda was not in attendance at the meeting. City Council Minutes 1- 7/19/94 396 INTRODUCTION OF COMMISSIONERS (110.10) Council Member Nash introduced the following Commission representatives in attendance: David Swerdlin and Mary Rose Winkler, Mobile Home Park Review Committee; Pauline Leonard and Ilse Byrnes, Parks, Recreation, and Equestrian Commission; Wyatt Hart, Planning Commission; and, Bill Hardy, Los Rios Review Committee. 1' 1 IMIKUuu 1 I►I 1 1'u ►1 1 FEE WAIVER FOR BOYS AND GIRLS CLUB (130.40) Dr. Kenneth Friess, 31506 Paseo Christina, representing the Boys and Girls Club, expressed appreciation to Community Services staff members for their quick efforts in putting together a one- week Fantasy Experience Camp to Catalina for at -risk youth. In addition, he noted his letter to the Council requesting a waiver of plan check and building permit fees for the construction of improvements to a leased facility in the Capistrano Industrial Park, in exchange for the Club's acquisition of space at the Serra High School for use as a permanent facility for the Club. He advised the building permit fees would total approximately $1,500. Marlene Arnold, president of the Capistrano Valley Bobby Sox League, noted that the Capistrano Valley Bobby Sox, Bobby Sox Major League Division, had won their division and would be representing San Juan Capistrano at the National Tournament in Sparks, Nevada on August 12-18, _ 1994. She requested that the Council consider donating $2,000 toward expenses for the trip, noting that all of the league's funds had been used to construct the new field at Cook Park. 3. CATV/HELICOPTER SERVICES (1000.40/330.20) David Swerdlin, 26171 Via Toledo, requested an update on the City's negotiations with Dimension Cable. He also inquired whether a cost analysis had been performed to determine the costs vs. need for helicopter service, for which the City contracts with the County. Mr. Denhalter advised that negotiations were currently under way and would be discussed in Closed Session following the meeting. Mr. Scarborough stated that helicopter services had previously been evaluated by staff and were found to be very cost effective. He indicated he would reply formally to Mr. Swerdlin this week. Tim Bolen, 3113 Rancho Viejo Road, Unit 2113, stated there were areas of debris and blight in the Los Rios Historic District and Little Hollywood and urged that the areas be cleaned up. It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: City Council Minutes -2- 7/19/94 AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell NOES: None ABSENT: Council Member Vasquez 1:141 INCIC Mimi The Minutes of the Regular Meeting of June 21, 1994, were approved as submitted. ME'' • •u 1J • •'u=1 uI►lJlll �_low.u t • 1 •• The Minutes of the Regular Meeting of June 21, 1994, were approved as submitted. • �''� • 11 . "• 11 1 The List of Demands dated July 6, 1994, in the total amount of $2,520,659.61 was received and filed. The Report dated July 19, 1994, from the Planning Director, advising that no new development applications were received by the City since the last report of June 21, 1994, was received and filed. ;_ Y•7t1•ytl(i • • • � ' t! 41tiT` • t► : , gZiI31 •' • 1•FOW;;• • As set forth in the Report dated July 19, 1994, from the Director of Engineering and Building, the following Resolution was adopted declaring the Hilltop Way Sewer Reconstruction and the Calle Arroyo Sewer Rehabilitation projects to be complete: RESOLUTION NO, 94-7-19-1_ COMPLETION OF HILLTOP WAY SEWER RECONSTRUCTION AND CALLE ARROYO SEWER REHAABILITATION (PRKACIN COMPANY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE HILLTOP WAY SEWER RECONSTRUCTION AND CALLE ARROYO SEWER REHABILITATION (PRKACIN COMPANY) The Resolution accepted the work as complete in the amount of $60,312.92 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $6,031.92 thirty-five (35) days after recording the Notice of Completion. City Council Minutes -3- 7/19/94 397 398 •• �• '• • • J' •• •� • 1 11 1 As set forth in the Report dated July 19, 1994, from the Director of Engineering and Building, the following Resolution was adopted declaring the replacement of playground equipment at Cook Park/La Novia, Cook Park/Del Campo, and Four Oaks Park to be complete: RESOLUTION NO, 94-7-19-2. COMPLETION OF THE REPLACEMENT OF PLAYGROUND EOUIPMENT - COOK PARK/LA NOVIA. COOK PARK/DEL CAMPO. AND FOUR OAKS PARK (ORTCO BUILDERS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE REPLACEMENT OF PLAYGROUND EQUIPMENT AT COOK PARK/LA NOVIA, COOK PARK/DEL CAMPO, AND FOUR OAKS PARK (ORTCO BUILDERS) The Resolution accepted the work as complete in the amount of $62,883 and directed the City Clerk to forward a Notice of Completion to the County Recorder. WE 1111 it) •C M• ul • • 1 s• As set forth in the Report dated July 19, 1994, from the Director of Engineering and Building, the following Resolution was adopted declaring the construction of a traffic signal at the intersection of Camino Capistrano at Junipero Serra to be complete: INC.) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL CONSTRUCTION AT CAMINO CAPISTRANO AND JUNIPERO SERRA ROAD (SUPERIOR SIGNAL SERVICE, INC.) The Resolution accepted the work as complete in the amount of $56,046.88 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $5,604.69 thirty-five (35) days after recording the Notice of Completion. • .: • �� • ::. • J • • • • �, •Z11•AY�y;�I.1n[fTi11)f0)1 The claim received by the City on December 10, 1994, by the Orange County Flood Control District for equitable indemnity, implied equitable indemnification, and contribution and declaratory relief was denied, as set forth in the Report dated July 19, 1994, from the City Attorney. City Council Minutes -4- 7/19/94 1 minvul b E�w Proposal: Consideration of a request by Lincoln/Mercury to have the City initiate eminent domain proceedings on property owned by K & W Korporation to allow the completion of roadway improvements by Lincoln/Mercury. Lincoln/Mercury had been conditioned to dedicate and improve Valle Road to its ultimate width. The acquisition would allow improvement of Valle Road consistent with the Capistrano Volkswagen dealership to the north and consistent with conditions for improving Valle Road placed on the TMC development to the south. The hearing was continued to ensure that the tentative offer that had been reached by both parties at the meeting of July 5, 1994, had received final approval by the Ford Motor Company. Written Communication: Report dated July 19, 1994, from the Director of Engineering and Building, recommending that the Council either adopt a Resolution of Necessity to initiate the eminent domain proceedings if negotiations had not been successfully concluded, or withdraw the item if negotiations were successful. Mr. Huber noted that both parties had reached an agreement in this matter. Public Hearine: 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. Approval to Take No Action: It was moved by Council Member Jones, seconded by Council Member Hausdorfer, and unanimously carried that no action be taken since both parties in this matter had reached agreement. _ •T1Li1a1 ar/;i`►1►11`►CKKaIuITUi[.Y.Y(•5`J.1c" I (4)U41-2 •I%W1 Proposal: Consideration of an appeal of the Planning Commission's action of May 24, 1994, approving Conditional Use Permit 94-1 to operate a hand car wash and gas station at 27000 Ortega Highway. The appeal was based on concerns with traffic and potential aesthetic impacts from the proposed use. The project site was designated 3.1 (General Commercial) on the General Plan Map and was located within the General Commercial District. Applicant/Property Owner: S. Alan Schwartz & Associates 1088 Irvine Blvd. Tustin, CA 92680 City Council Minutes -5- AlWellaIlt: Wyatt Hart 28451 Ortega Highway San Juan Capistrano, CA 92675 7/19/94 M 400 Written Communications: (1) Report dated July 19, 1994, from the Planning Director, recommending that the appeal be — denied and the Planning Commission's action affirmed based on the adequacy of information used in the Traffic Study for the project, adequacy of site access, mitigation of traffic impacts, and future Architectural Control review by the Design Review Committee and the Planning Commission. (2) Letter dated July 19, 1994, from Robert C. Dolley in support of the proposed car wash use for the site. Exhibits were on display, and Dick Bobertz, Planning Manager, made an oral presentation. He noted that a letter of support had also been received from Richard O'Neill, the new owner of the El Peon buildings. Mayor Campbell inquired when the proposed retail buildings would be constructed for this project and whether any mechanical devices were planned for the car wash. Mr. Bobertz indicated that there was no schedule for the construction of the entire site. He noted that conditions were placed on the project requiring the installation of additional landscaping should the retail buildings not be constructed with the car wash so as to screen the car wash until the buildings were completed. He indicated he did not believe any mechanical devices were proposed for the car wash. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the following persons responded: (1) Ilse Byrnes, 3050 Hilltop Way, felt that the proposed car wash use was inappropriate for this site which was located at the entrance to the City. (2) Roy Byrnes, 3050 Hilltop Way, felt that the proposed use would only add to the car -related uses already existing along Del Obispo Street. (3) Barbara Davies, 27392 Paseo Ravenna, opposed locating the car wash at the entrance to the City and in close proximity to the City's historic district. She and recommended that it be located in an industrial area of the City. She expressed concerns with traffic circulation, added impacts upon the existing traffic problems along Del Obispo, and visual impacts. (4) Maxine Baker, President of San Juan Beautiful, Inc., opposed locating the car wash at the entrance to the City. She expressed concerns with adding to the existing traffic problems on Del Obispo. (5) Margaret Reardon, 31282 Paseo Olivos, spoke in opposition to the car wash at this location and suggested that a miniature golf course be considered. She concurred with the previously expressed concerns regarding traffic and aesthetic impacts. (6) The appellant, Wyatt Hart, felt that the potential adverse impacts on the City's historic district from this project should be addressed by the City's elected officials. He based his appeal on the following: a) inconsistency with the General Plan, stating the project should be located _ in an industrial area; b) the staffs analysis regarding the project's consistency with the General Plan had not been provided to the Planning Commission for review, which could City Council Minutes SS 7/19/94 401 have impacted the Commission's final vote in favor of the project; c) the project's visual prominence at the entrance to the City; and d) traffic impacts. He expressed concerned that the traffic counts cited in the staff report were based on the applicant's guarantee of a hand car wash, and that the approved use could be changed to a fully automated car wash at any time. (7) Tom Merrell of Civic Solutions, representing the applicant, submitted colored renderings of the project and advised that the applicant was redeveloping the parcel without any assistance from governmental agencies. He stated that the proposed hand car wash use was not an industrial use and was a rather new use for the South County area. He noted that similar hand car washes are located in upscale communities, sometimes adjacent to residential areas. He felt this use would stimulate business in the downtown area and increase revenue to the City. He stated that auto detailers have been setting up their own temporary shops in parking lots and other areas of the City because of an increased demand for this type of service. He felt that the proposed location was appropriate, particularly since users generally prefer to combine their trips with shopping, dining, etc. He noted that the Municipal Code requires this type of use be located in a building in a commercial district and not in parking lots. He noted that the proposed use could be converted to another retail use in the future, if desired. He felt that other uses would create greater traffic impacts than the use proposed. He noted that the owner of the adjacent Chevon gas station was in support of the proposed use. He felt that the project had met all findings required for Conditional Use Permits regarding consistency with the General Plan, Municipal Code, Zoning Ordinance, and Land Use Element. He noted that the project has received the support of the Business Task Force, Richard ONeill, and Robert Dolley. ' (8) Hank Mohle of Hank Mohle & Associates, who performed the traffic analysis for the project, concluded that the traffic impacts from this project would be minimal and that a restaurant use would generate 30% more traffic impacts than the proposed car wash and retail buildings combined. He stated that the proposed use would reduce inbound and outbound trips and allow sufficient distance for making left turns into the project. He noted that during peak use times only 38 cars would enter the site per hour. (9) The applicant, Alan Schwartz, noted that he has worked on this project for over five years and denial of this project would have several economic impacts on him. He indicated that he had explored other uses for the site, including restaurants. He had found that those uses were not viable; however, he had found that car washes have not been adversely impacted during these difficult economic times. He felt that the proposed project's architectural treatment would be a tremendous visual improvement for the site. He stated he intended to own and operate the car wash to be of benefit to the community and requested that the appeal be denied. (10) Stan Kensic, 31212 Belford Drive, expressed concern that the proposed project would have a negative visual impact on the downtown historic area of the City. He urged the Council to continue preserving the integrity of the community and felt that a use for this site should attract visitors to the City. He expressed concern with the possibility of toxic impacts from car engines left running, etc. (11) David Swerdlin, 26172 Via Toledo, spoke in support of the project as proposed and noted ' that the project has met all necessary requirements. He stated that although he supports City Council Minutes -7- 7/19/94 402 preservation efforts in the City, he felt that this site was not a part of the historic downtown center of San Juan Capistrano. (12) Mary Ann Hanover, 31931 Paseo Monte Vista, spoke in support of the appeal. She felt that the proposed use was inappropriate for the site and should be located in an industrial area of the City. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Council Member Jones made a motion to deny the appeal of the Planning Commission action because the proposed project was not located in the historic area of the City; the project had the support of the Environmental Review Board, the Transportation Commission, Planning Commission, and staff, the applicant had completed all of the processing required for the project; and, no opposition was raised about the project until this meeting. He expressed concern that upholding the appeal would be unfair to the applicant, particularly since the project met all City standards and had completed the proper processing. He felt that the hand car wash located at the comer of Crown Valley Parkway and Forbes Road was very attractive in appearance. Mayor Campbell seconded the motion. Council Member Hausdorfer stated that it was clearly intended that retail was to be a part of this project in the long term. He agreed that the site was not located in the City's historic area. However, he had concerns that the site was too small for the uses proposed, even though the uses are permitted, and felt that it was not the intent of the General Plan to combine car wash and retail uses. He noted that he had voted against similar projects in the past that proposed the combination of a car wash use with retail uses, including retail sales at service stations. Council Member Nash opposed the proposed use at this location, stating it was not consistent with the intent of the General Plan in that car washes as primary uses should be located in the industrial areas of the City. She stated that this site was located in the heart of the City's business district and was adjacent to its historic district. She felt that the proposed car wash has uses which were not compatible with general uses in the area. She noted that the existing Chevron service station was a pre-existing use that was grandfathered in at the time of General Plan adoption. She disagreed with staffs contention that the use was consistent with the majority of the surrounding uses because they were auto related. She felt that the surrounding businesses serviced people, not cars, and that cars were not necessary to obtain services from the surrounding businesses. Council Member Jones felt that staff had done a thorough job in determining the allowed uses, and because Mr. Schwartz had followed the process, he should be given the consideration of an approval of this project. He noted that he had opposed this use in the beginning but he felt that the City should approve projects that have successfully completed the proper processing. Mayor Campbell agreed that the site was not located in an historic area. She stated she felt badly that the applicant had followed the proper processing for his project and was now in this position. Mayor Campbell withdrew her second to Council Member Jones' motion, and the motion died due to a lack of a second. Ap=al to T Ahold Appeal of the Planning Commission's Action Rel Conditional Use Permit 94-1: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the appeal of the Planning Commission action of May 24, 1994, approving Conditional Use Permit 94-1 to City Council Minutes -8- 7/19/94 403 operate a hand car wash/gas station at 27000 Ortega Highway, be upheld. The motion carried with ' Council Member Jones voting in opposition. It was the consensus of Council that the request to waive the appeal fee be denied. RECESS AND RECONVENE Council recessed at 8:38 p.m. and reconvened at 8:40 p.m. • • u•;: 4 111) RI 11 Ul I IF!u •_FJ ;Ilia] XI R L6141• In u�l Proposal: Consideration of a request by the Planning Department to extend Urgency Ordinance No. 748. The Urgency Ordinance established a moratorium on the City's processing of commercial/industrial uses in the General Commercial District pending completion of the study. Written Communication: Report dated July 19, 1994, from the Planning Director, requesting that the time period for the previously adopted Urgency Ordinance be extended by ten months and fifteen days to allow staff additional staff to prepare the General Plan/Zoning consistency study. Public Hearine: 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. Council Discussion: Council Member Nash inquired whether the study could be completed sooner to avoid any potential conflicts with future planning applications that would be affected by this matter. Mr. Tomlinson noted there were no active applications at this time, with the exception of the proposed Goodyear fire store, which the City Council exempted from the moratorium on June 7, 1994. Council Member Hausdorfer suggested that the Council be advised of any projects that could have a conflict in this matter before going too far in the processing. Mr. Tomlinson advised that all applicants filing an application would be notified of the moratorium and that any exemption from the moratorium would require the approval of the City Council and that status reports would be provided every three months. Adopfion of Urgency Ordinance Extending Ordinance No. 748: 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 Hausdorfer, seconded by Council Member Nash, that the following Urgency Ordinance be introduced: ORDINANCE NO. 750, EXTENDING ORDINANCE NO. 748 - ESTABLISHING MORATORIUM ON CERTAIN DEVELOPMENT APPLICATIONS WITHIN GENERAL COMMERCIAL DISTRICT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING INTERIM ORDINANCE NO. 748, ESTABLISHING A MORATORIUM ON CERTAIN DEVELOPMENT ' APPLICATIONS WITHIN THE GENERAL COMMERCIAL DISTRICT City Council Minutes -9- 7/19/94 404 The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell NOES: None ABSENT: Council Member Vasquez 4. REVIEW OF CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE SEVEN YEARS BEGINNING JULY 1. 1994, AND ENDING JUNE 30 2001 (330.40) Proposal: Consideration of the draft Seven -Year Capital Improvement Program for fiscal years 1994-95 through 2000-01. Written Communication: Report dated July 19, 1994, from the Director of Engineering and Building, recommending that the seven-year program be adopted. Public Hearine: 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 Seven -Year Capital Improvement Program: It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the following Resolution be adopted, with Council Member Jones abstaining on the River Street West/Los Rios Drain Rehabilitation project ($6,000) and the Los Rios Street Sewer project ($204,000) because of a potential conflict of interest: •KIM 991HEIKS]' • ' ' • 1, wou u':• a ':• �.0 :v �■1:_ 1 �'�1�11 r11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND AUTHORIZING EXPENDITURES RELATED TO THE 1994-2001 SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell NOES: None ABSENT: Council Member Vasquez Council recessed at 9:00 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:00 p.m. City Council Minutes -10- 7/19/94 405 ADMIMSTRATIVE ITEMS CITY MANAGE I CITY INCLUSION fN COUNTYWIDE RECYCLING MARKET DEVELOPMENT • :ul l_ BILL 2310 (810,60) Written Communication: Report dated July 19, 1994, from Douglas Dumhart, Management Assistant, recommending that the City be included in the Countywide Recycling Market Development Zone (Senate Bill 2310 - Bergeson). The Recycling Market Development Zone assists cities in reaching Assembly Bill 939 waste reduction mandates, encourages the creation of local end -markets for recyclable materials, offers various financial/technical incentives to qualifying businesses that use recycled materials, and offers valuable economic opportunities for participating cities. Adoption of Resolution Approving the City's Inclusion in the CounZMdde Recycling Market Development Zone: It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO. 94-7-19-5 - APPROVING INCLUSION OF CITY INTO COUNTY -WIDE RECYCLING MARKET DEVELOPMENT ZONE PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE INCLUSION OF THE CITY OF SAN JUAN CAPISTRANO INTO A COUNTYWIDE RECYCLING MARKET DEVELOPMENT ZONE PROGRAM The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell NOES: None ABSENT: Council Member Vasquez 11 •: • . •L_ • L r11 1 1 Written Communication: Report dated July 19, 1994, from Cassandra Walker, Community Development Manager, recommending that the subject buildings be nominated for listing on the City's Inventory of Historic and Cultural Landmarks for their cultural, historic, and architectural significance and importance to the community. The Report noted that the buyers of the buildings are supportive of this recommendation. Adoption of Resolution Approving the Addition of the El Peon Co=lex/Ferris Kelly Buildings to the City's Inventory of Historic and Cultural Landmarks: ' It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted: City Council Minutes -11- 7/19/94 �1. RESOLUTION NO. 94-7-19-6. INVENTORY OF HISTORIC AND CULTURAL LANDMARKS (FERRIS KELLY/EL PEON COMPLEX OF BUILDINGS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN INVENTORY OF HISTORIC AND CULTURAL LANDMARKS AND ADDING THE FERRIS KELLY/EL PEON COMPLEX OF BUILDINGS LOCATED AT 26822, 26832, AND 26842 ORTEGA HIGHWAY, AND 31752, 31754, AND 31762 CAMINO CAPISTRANO, AND RESCINDING RESOLUTION NO. 92-9-15-6 The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell NOES: None ABSENT: Council Member Vasquez lu ; el ki 1,1 Written Communication: Report dated July 19, 1994, from the Director of Engineering and Building, recommending that the authority for issuing citations by the City's Code Enforcement Officer be expanded to all sections of the Municipal Code, including vendors, tree removals, and other Code violations. Introduction of Ordinance Expanding Citation Authority for City's Code Enforcement Officer: 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 Hausdorfer, seconded by Council Member Jones, that the following Ordinance be introduced: EXPANDING CITATION AUTHORITY BY CODE ENFORCEMENT OFFICIALS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY REVISING TITLE 1, CHAPTER 5, BY REPEALING SECTION 1-5.03 The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell NOES: None ABSENT: Council Member Vasquez City Council Minutes 12- 7/19/94 407 1 SI_ 01 • ; • • u. a UZ116,01 1. RECOMMENDATIONS • •' BUDGET REDUCTIONS COMMUNITY SERVICES• (330,20) Written Communications: (1) Report dated July 19, 1994, from the Director of Community Services, providing a listing of proposed budgetary changes and Community Service program reductions totaling $104,123. The Report recommended that the proposed reductions be approved for the City's 1994-95 Operating Budget and that staff be directed to evaluate certain programs and the Department's existing fee structure. (2) Revised page 5 of Attachment B and a revised Proposed Budget Worksheet for the 4th of July Celebration. (3) Letter dated July 6, 1994, from parents of participating children of the San Juan Spurs Roller Hockey League, urging that Dianne Schneider not be included in personnel cuts for the Department because of her successful work with the League. Mr. King made an oral presentation. He commended the efforts of his staff, particularly Supervisors Linda Evans and Karen Crocker and Administrative Secretary Jeannie Beck, and the Parks, Recreation, and Equestrian Commission. Council Member Hausdorfer spoke regarding the difficulties in making the proposed cuts and the ' impact they will have on the City now and in the future. He urged that certain programs be continued through community effort by organizations taking over programs that the City can no longer afford. Mayor Campbell concurred. Council Member Nash commended the Community Services Department staff for making the reductions requested by the Council and commended the Council for working with staff to formulate the recommendations. Approval of Community Service Department Budget Reductions and Direction to Staff: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that: (1) The proposed recommendations of $104,123 for budget reduction for the Community Service Department be approved for incorporation in the FY 1994-95 budget; (2) Staff be directed to evaluate the programs identified in the Staff Report which need additional analysis or are being considered for reassignment to local City -based community organizations for continuation, with a report to be submitted to the Council within 30-45 days; and (3) Staff be directed to develop appropriate recommendations for modifying the Department's existing fee structure, with a report to be submitted to the Council with recommendations for new fees. City Council Minutes -13- 7/19/94 gill3 NMI \. Nl_ y \ _ Written Communication: Report dated July 19, 1994, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 5, 1994, and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Jones, seconded by Council Member Nash, that the following Ordinance be adopted: ORDINANCE NO. 751. APPROVING REZONE 93-6 AND PRECISE PLAN 93-1 (STEVENS) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 93-6 AND PRECISE PLAN 93-1 TO PERMIT A RETAIL NURSERY AT 27401 ORTEGA HIGHWAY The motion carried by the following vote: AYES: Council Members Jones, Nash, and Mayor Campbell NOES: None ABSTAIN: Council Member Hausdorfer ABSENT: Council Member Vasquez RIAVVTVID191111y Written Communication: Memorandum dated July 15, 1994, from the City Manager, advising that Mayor Campbell would be requesting consideration a Resolution urging State adoption of "Get Tough on Crime" bills and associated legislation. Finding for Consideration of Off -Agenda Item: It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Mayor Campbell read the draft Resolution in full urging that the State adopt "Get Tough on Crime" bills and associated legislation currently before the State legislature. She indicated that the Resolution, if adopted, would be sent to all mayors in the State requesting similar action. City Council Minutes -14- 7/19/94 Ellie" Adoption of Resolution Urging State Adoption of "Get Touch on Crime" Bills ' It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted: RESOLUTION NO. 94-7-19-7 - URGING ADOPTION OF GET TOUGH ON CRIME BILLS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, URGING THE STATE LEGISLATURE TO ADOPT "GET TOUGH ON CRIME" BILLS AND ASSOCIATED LEGISLATION The motion carred by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell NOES: None ABSENT: Council Member Vasquez INK11,911IRMTkinvu 15 • u 1 1 • • s•u. T•� Written Communications: ' (1) Report dated July 19, 1994, from Carole Jacklin, Council Services Manager, noting that the vacancy had been advertised and the applicant scheduled for interview by Council Members Nash and Hausdorfer. (2) Memorandum dated July 15, 1994, from Council Members Nash and Hausdorfer, noting that Shelley N. Bachelder had been interviewed and was recommended for appointment to the Los Rios Review Committee. In response to Council Member Jones, the City Attorney advised that there was no conflict of interest in voting for a member of the Los Rios Review Committee. Annointment of Member: It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously carred that Shelley N. Bachelder be appointed to the vacancy on the Los Rios Review Committee. •1 •u el► • •v a u_: • 0 M .11 It M Laiu Written Communications: (1) Report dated July 19, 1994, from Carole Jacklin, Council Services Manager, noting that the vacancy had been advertised and the applicant scheduled for interview by Council Members Nash and Hausdorfer. City Council Minutes -15- 7/19/94 410 (2) Memorandum dated July 15, 1994, from Council Members Nash and Hausdorfer, noting that Elgin E. Flagg had been interviewed and was recommended for appointment to the Mobile Home Park Review Committee. Appointment of Member: It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously carried that Elgin E. Flagg be appointed to the vacancy on the Mobile Home Park Review Committee. OFF AGENDA URGENCY ITEMS (continued) The Council noted Dr. Ken Friess' request for waiver of building permit fees, which was made earlier in the meeting during Oral Communications, for the construction of a permit facility for the Boys and Girls Club. Findine for Consideration of Off -Agenda Item: It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Approval to Waive Building and Plan Check Fees for Boys and Girls Club: It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried that the building and plan check fees be waived for the Boys and Girls Club for the construction of a permanent facility. The Council noted the request made earlier in the meeting during Oral Communications by Marlene Arnold, president of the Capistrano Valley Bobby Sox League, for a donation toward expenses for the League's participation in the National Tournament in Sparks, Nevada on August 12-18, 1994. Finding for Consideration of Off -Agenda Item: It was moved by Council Member Hausdorfer, seconded by Mayor Campbell, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Approval of Donation for Capistrano Valley Bobby Sox League: It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried that a $2,000 donation be approved for the Capistrano Valley Bobby Sox League for their participation in the National Tournament in Sparks, Nevada on August 12-18, 1994, as part of the Community Organizations Funding budget. Staff was directed to mail a letter with the check immediately to the League. COUNCILMANIC 3. ORAL REPOUS-OFDI;TSTDE—.AGENC1ES, City Council Minutes 16- 7/19/94 411 a. San Joaquin Hills Transportation Corridor (800,50) Mayor Campbell noted that letters were being prepared for her signature regarding the poor treatment of shrubbery and trees by the Transportation Corridor Agency and Caltrans in the area of the I-5 improvements. COUNCIL COMMENTS Mayor Campbell noted that Bill Bathgate was doing well after his recent heart bypass surgery. It was a consensus of the Council that a letter be sent to Mr. Bathgate from the entire Council wishing him well. • •el ••_ . 1 Council Member Jones noted the recent death of Bill McMullen, husband of Helen McMullen. It was a consensus of the Council that a letter of condolence be sent to Mrs. McMullen from the entire Council. DONATIONS (150.10) Mayor Campbell noted the $100 donation from Aardvark Towing for the Youth At -Risk Program. ' CLOSED SESSION Council recessed to a Closed Session at 9:35 p.m. for: License/Permit Determination per Government Code Section 54956.7, with one applicant, Dimension Cable TV; 2. Conference with Real Property Negotiator per Government Code Section 54956.8 for property known as "all City streets" located at the intersection of Junipero Serra and Camino Capistrano, with Dimension Cable TV and the Williams Estate, negotiating parties, to consider price and terms of payment, 3. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9, for the case known as Save Our San Juan v. City of San Juan Capistrano; Transportation Corridor Agency; 4. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to litigation in one case, and Government Code Section 54956.9(c), the initiation of litigation in one case; and 5. Conference with Labor Negotiator per Government Code Section 54957.6, with George Scarborough, representing Management and Classified Employees. The City Clerk was excused therefrom, and the meeting reconvened at 10:45 p.m. City Council Minutes -17- 7/19/94 412 � I' iii • u� �•+.w .. ��� .� . �' . Mr. Denhalter advised that regarding Closed Session Item No. 1, the following Resolution had been unanimously adopted granting a 30 -day extension to August 22, 1994, of the Dimension Cable TV franchise for the purpose of continuing negotiations: RESOLUTION NO, 94-7-19-8. APPROVING THE EXTENSION OF THE EXISTING FRANCHISE OF TIMES MIRROR CABLE TELEVISION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING THE EXISTING FRANCHISE OF TIMES MIRROR CABLE TELEVISION OF ORANGE COUNTY, INC., FOR 30 DAYS SUBJECT TO CERTAIN TERMS AND CONDITIONS There was no action to report on the remaining Closed Session items. There being no further business before the Council, the meeting was adjourned at 10:47 p.m. to the next regular meeting date of Tuesday, August 2, 1994, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, ATTEST: COL E C LL, MAYOR City Council Minutes -18- 7/19/94