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92-0901_CC_Minutes_Regular MeetingSEFFEMBER 1, 1972 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPWRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Jones at 7:00 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: Gil Jones, Mayor Kenneth E. Friess, Councilman Jerry Harris, Councilman Gary L. Hausdorfer, Councilman Jeff Vasquez, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Richard K. Denhalter, City Attorney; Dawn Schanderl, Deputy City Clerk; George Scarborough, Assistant City Manager; David Bentz, 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; Ronald C. Sievers, Director of Public Lands and Facilities; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried that all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS 1. PRESENTATION OF 1992 COMMUNITY PRIDE AWARDS (610.30) Written Communication: Report dated September 1, 1992, from the Council Services Manager, announcing the recipients of the 1992 Community Pride Awards for excellence in build'mg design, maintenance, and landscaping. Presentation of Awards: Mayor Jones presented Certificates of Recognition to the following establishments: Galeria Capistrano and Plaza Del Obispo (retail), Marie Callender's Restaurant (commercial), and Sycamore Business Park (industrial). Plaques for special recognition of achievement were also presented to the Community Christian Church and the LaBatt House. 2. PRESENTATION BY BILL COLLINS AND CSP REGARDING GANG SUPPRESSION SHERIFF PROGRAMS (580.20) Bill Collins of the South Orange County Gang Prevention and Suppression Program made an oral presentation to explain their program's approach toward prevention, education, and suppression of gang -related activities in the South County area and their successful efforts in San Juan Capistrano. The prevention portion of the program targets at -risk youth and coordinates its activities with the Sheriff's Department, the School District, South Coast YMCA, the CSP Gang Prevention Program, -1- 9/1/92 T and community groups and leaders. He noted the success of the two "Gangs" performances on Sunday, August 23, 1992, at the EI Camino Real Playhouse and a cable TV special relating to gang intervention. Margot Carlson, Executive Director of the CSP Gang Prevention Program, announced that the program is celebrating its 20th year of existence and noted that its gang prevention services began 11/2 years ago. Max Madrid of CSP spoke regarding the kinds of activities and services CSP provides in San Juan Capistrano. He noted the program's emphasis on gang prevention and the formation of parents' groups to get parents involved in this issue. Councilman Hausdorfer commended both programs' activities and emphasized the importance of keeping the community informed of their efforts. • ' •L• I l 1 1 • •I 1 • I IN& • :AI ' V_• 1 1. BUFFER ZONE. LOWER ROSAN RANCH (420.70) Ervin L. Watkins, 26000 Avenida Aeropuerto, owner of Capistrano Valley Mobile Estates, expressed appreciation to Mr. Julian and Councilman Friess for their involvement in discussions of a buffer zone between the mobile home park and development on the lower Rosan Ranch property. 2. PLAZA DE LAS GOLONDRINAS (460.20/420.70) Charles F. Benninghoff III, 31411 Camino Capistrano, submitted two draft Resolutions that he prepared to replace Resolution Nos. 92-8-18-4 and 92-8-18-5 adopted by the City Council at its meeting of August 18, 1992, approving General Plan Amendment 92-02 and Tentative Parcel Map 92- 125, respectively. Mr. Benninghoff requested that the City Council Resolutions be withdrawn as they did not reflect the Council's direction at that meeting. His revised resolution proposed that: a. The 1,600 square foot limitation proposed by the Council was eliminated. b. The 4,500 square -foot maximum on the restaurant use was increased to 5,500 square feet. C. Restriction on medical uses should be eliminated since the Council did not give direction to limit those uses. He stated the restriction was unnecessary because of the extra parking provided on site. d. Exhibit A should be revised to include the applicant's list of uses and descriptions to ensure the center's success. e. Precise Plan submitted by the applicant should be adopted to ensure the success of the project. _ Mr. Benminghoff requested that his draft Resolutions be agendized for the meeting of September 15 for formal adoption by the City Council and that the $3,000 fee proposed by staff to rewrite the Resolutions be waived. -2- 9/1/92 It was a consensus of the Council that staff be directed to provide an analysis of the situation and agendize the item for the meeting of September 15. Councilman Friess felt that Mr. Benninghoff should not be charged the $3,000 fee to rewrite the Resolutions if errors were made by City staff. 3. SOLAG DISPOSAL CO. (810.$0) The following residents of Dana Point voiced opposition to the proposed relocation of Solag Disposal Company to a parcel located at the lower Rosan Ranch property: a. Bill Hamilton, 33526 Coral Reach Street, Dana Point, stated that the intent of the Growth Management District, in which the lower Rosan Ranch property is located, is to provide open space, lower density development, and residential types of uses. He felt that the adverse impacts to nearby residents from the Solag operation could not be successfully mitigated. b. George Brightwell, 25611 East Glen, Dana Point, concurred with Mr. Hamilton's comments and noted the opposition of the proposed project by residents in the Marlborough, Stratford, and Searidge developments. C. David McDonald, 33522 Coral Reach Street, Dana Point, expressed concerns with environmental impacts and safety for children. d. Al Gordon, 33114 Violet Lantern, Dana Point, owner of property across the street from the lower Rosan Ranch property, concurred with the previous comments and suggested that Solag be relocated to an industrial area, such as the Prima Descheca landfill site or Mission Viejo Ranch. Councilman Hausdorfer explained that the City's efforts to relocate Solag Disposal from its present site in the historic Los Rios District has been a 15 -year process. During that time, both sites suggested by Mr. Gordon, as well as numerous other sites in the South County, were investigated and rejected for various unsurmountable reasons. Mr. Gordon suggested that the landlocked parcel at Camino Capistrano and San Juan Creek Road by the railroad tracks, which is zoned for industrial uses, be considered. Councilman Friess noted that one of the possible relocation sites considered was near the sanitation treatment plant in Capistrano Beach; however, the Dana Point City Council would not allow San Juan Capistrano to gain access to that site. He noted that only 13% of Solag's services comes from San Juan Capistrano; 20% comes from Dana Point. Bill Hardy, 26523 Calle Lorenzo, member of the Los Rios Review Committee, concurred with Councilman Friess' comments and stated that many of the adverse impacts from Solag's operation could be mitigated by on-site treatment at the new site. He stated that other uses permitted for the lower Rosan Ranch, such as a Target store, would create many more vehicles trips per day in that area. He suggested that the Dana Point residents work with the City to resolve the issue of relocating Solag. Mr. Tomlinson explained the planning process for the relocation of Solag, which would include approval of the zoning, site plan, and environmental review of the site and adjacent properties. Mr. Julian estimated that the process could begin before the end of the year and that the Dana Point residents would be notified of any hearings and meetings which are scheduled on this matter, including Environmental Review Board, Design Review Commission, and Planning Commission meetings. -3- 9/1/92 4. CHRISTOPHER COLUMBUS CELEBRATION/ENVIRONMENTAL IMPACTS (610.40/420.10) John Erickson, 27842 Via Estancia, noted the Christopher Columbus celebration scheduled for October 10-12, 1992. It was a consensus of the Council that the scheduling of this event be referred to staff for coordination with other City activities. Mr. Erickson expressed concerns regarding adverse environmental impacts from development of Lot 9, Tract 10318, which is located adjacent to the rear of his home in another development, and inquired about the appeal process of administrative approvals by the Planning Department. He specifically expressed concerns with potential view impacts, grading, drainage, and possible removal of shade trees. Mr. Tomlinson advised that the original plans filed by the property owner for development of Lot 9 were incomplete and were returned to the applicant for additional information; no formal application has yet been received by the Planning Department. He noted that this particular lot was not a part of the Glenfed subdivision but is a legal lot. He stated he would keep the adjacent residents informed of any progress in this matter. He noted that an over-the-counter decision by Planning staff could be appealed to the Planning Director, and a discretionary decision by the Planning Director's could be appealed to the City Council. Mr. Julian suggested that Council would be informed via their mail slots when a formal application was received to determine whether the Council wished to have the matter agendized. Mayor Jones noted that staff is currently considering the preparation of a view impact ordinance 5. VIEW IMPACTS (410.10) Robert Eppers, 27832 Via Estancia, noted that his property would be the most impacted by development on the above-mentioned Lot 9. He stated that the proposed 6 -foot high wall would severely impact the rear of his property and suggested that view impacts be incorporated into a project's design review process. Phyllis Hess, 27453 Ortega Highway, concurred with the concerns and requests expressed by Messrs. Erickson and Eppers. Councilman Hausdorfer sympathized with the concerns expressed regarding view impacts but noted the difficulties the last resident in a particular development has in trying to please established residents. He suggested that staff explain the appeal process to people at the Planning Department counter. Mayor Jones requested that staff pay close attention to this matter. WOR &I N;;Y �M:A i1:Fa �7T 7 It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None -¢ 9/1/92 1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF AUGUST 4. 1992 The Minutes of the Regular Meeting of August 4, 1992, were approved as submitted. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES -REGULAR MEETING OF AUGUST 4. 1992 The Minutes of the Regular Meeting of August 4, 1992, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF AUGUST 20, 1992 (300.30) The List of Demands dated August 20, 1992, in the total amount of $3,446,513.60 was received and filed. 4. RECEIVE AND FILE CASH BALANCES BY FUND FOR JULY 1992 (330.50) The City Treasurer's Report of Cash Fund Balances for the month of July 1992 in the total amount of $-943,194.93 was received and filed. 5. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS (930.40) The Report dated September 1, 1992, from the Director of Community Services, regarding actions taken at the meeting of August 20, 1992, was ordered received and filed. 6. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (912 .20) The Report dated September 1, 1992, from the Director of Community Services, regarding actions taken at the meeting of August 17, 1992, was ordered received and filed. 7. RESOLUTION. ACCEPTANCE OF EASEMENT - SACARAMA AREA STORM DRAIN As set forth in the Report dated September 1, 1992, from the Director of Engineering and Building, the following Resolution was adopted accepting the storm drain easement on the Groenendyke property for the Sacarama Area Storm Drain Project: RESOLUTION NO. 92-9-1-1. ACCEPTING STORM DRAIN EASEMENT ACROSS THE GROENENDYKE PROPERTY FOR THE SACARAMA AREA STORM DRAIN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A STORM DRAIN EASEMENT ACROSS THE GROENENDYKE PROPERTY FOR THE IAL SACARAMA AREA STORM DRAIN The City Clerk was directed to record the document with the County Recorder -5- 9/1/92 8. RESOLUTION, ACCEPTANCE OF EASEMENT - SACARAMA AREA STORM DRAIN (MARQUIS) (670.50) As set forth in the Report dated September 1, 1992, from the Director of Engineering and Building, the following Resolution was adopted accepting the storm drain easement on the Marquis property _ for the Sacarama Area Storm Drain Project: RESOLUTION NO, 92-9-1-2. ACCEPTING STORM DRAIN EASEMENT ACROSS THE MARQUIS PROPERTY FOR THE SACARAMA AREA STORM DRAIN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A STORM DRAIN EASEMENT ACROSS THE MARQUIS PROPERTY FOR THE SACARAMA AREA STORM DRAIN The City Clerk was directed to record the document with the County Recorder. 9. ACCEPTANCE OF LANDSCAPING LICENSE AGREEMENT - SACARAMA AREA STORM DRAIN (GROENENDYKE)„(600.30) As set forth in the Report dated September 1, 1992, from the Director of Engineering and Building, the Landscaping License Agreement between the City and Edward and Sara Groenendyke was approved permitting the property owners to install and maintain landscaping within the City drainage easement. The Mayor and the City Clerk were authorized the execute the agreement. 10. ACCEPTANCE OF LANDSCAPING LICENSE AGREEMENT - SACARAMA AREA STORM DRAIN (MARQUIS) (600.30) As set forth in the Report dated September 1, 1992, from the Director of Engineering and Building, the Landscaping License Agreement between the City and Gary Marquis was approved permitting the property owner to install and maintain landscaping within the City drainage easement. The Mayor and the City Clerk were authorized the execute the agreement. 11. ACCEPTANCE OF CONSTRUCTION LICENSE AGREEMENT - SACARAMA AREA STORM DRAIN (MARQUIS) (600.30) As set forth in the Report dated September 1, 1992, from the Director of Engineering and Building, the Construction License Agreement between the City and Gary Marquis was approved permitting the City's contractor to perform construction work on the Marquis property outside City easements for the Sacarama Area Storm Drain Project. The Mayor and the City Clerk were authorized the execute the agreement. 12. REQUEST FOR SUPPLEMENTAL FUNDING FOR PREPARATION OF THE OPEN SPACE MASTER PLAN ENVIRONMENTAL IMPACT REPORT (ED ALMANZA AND ASSOCIATES) (600.30) As set forth in the Report dated September 1, 1992, from the Director of Community Services, an additional payment in the amount of $9,190 was authorized to Ed Almanza and Associates for the preparation of additional archaeological and cultural resources work for the Open Space Master Plan Environmental Impact Report. This work was performed beyond the originally approved Scope of Work and budget ($13,180) for the project, and the consultant requested reimbursement for the INI 9/1/92 difference in costs ($10,975). Because some of the additional cultural resources work was unauthorized and could have been deferred, staff recommended that only partial payment be approved. 13. DENIAL OF CLAIM FOR INDEMNITY (PROCTOR STAFFORD) (170.10) The claim received by the City on August 13, 1992, from James B. Ambeltin, attorney for Stockdale, Peckham & Werner on behalf of Proctor Stafford for indemnity was denied, as set forth in the Report dated September 1, 1992, from the City Attorney. 14. RESOLUTION APPOINTING CITY ATTORNEY AS CLERK OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FOR CLOSED SESSION PURPOSES (610.90) As set forth in the Report dated September 1, 1992, from the City Attorney, the following Resolution was adopted appointing Richard K. Denbalter, City Attorney, as Clerk to keep written minutes of Closed Sessions held by the City Council and the Community Redevelopment Agency: RESOLUTION NO. 92-9-1-3. APPOINTING CITY ATTORNEY CLERK FOR CLOSED SESSION PURPOSES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPOINTING THE CITY ATTORNEY AS CLERK OF THE CITY COUNCIL AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY CLOSED SESSIONS 15. CULTURAL HERITAGE COMMISSION. DESIGN REVIEW COMMISSION. AND PLANNING COMMISSION APPROVALS OF THE HISTORIC DEPICTION PROGRAM FOR PHASE III OF THE PROPERTY LOCATED AT 30280-30300 RANCHO VIEJO ROAD. ARCHITECTURAL CONTROL 90-03 (CAPISTRANO BUSINESS PLAZA/DELGAR PARTNERS) (610.30) The Report dated September 1, 1992, from the Director of Planning Services, noting the approvals by the Cultural Heritage Commission, Design Review Commission, and the Planning Commission of the Historic Depiction Program for Phase III of the Capistrano Business Plaza, was ordered received and filed. The program consisted of a narrative plaque depicting the story of the Seely and Wright Stagecoach Express. PUBLIC HEARINGS 1. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED SOUTHEAST OF SAN JUAN CREEK ROAD AND NORTH OF THE HIDDEN MOUNTAIN RESIDENTIAL DEVELOPMENT LFFLEYI (600.30) (CONTINUED FROM AUGUST 18. 1992) Pr000s,: Consideration of a five-year Development Agreement for a 13 lot custom home subdivision. The public hearing was continued from the meeting of August 18 for staff to resolve final details of the proposed Development Agreement with the applicant. -7- 9/l/92 r�'� oo /-- AApplicant/Prolmrty Owner: David Diffley 252 Potosi Way Henderson, NV 89014 Written Communication: Report dated September 1, 1992, from the Director of Planning Services, recommending that the proposed five-year Development Agreement be approved, with a provision allowing the time extension granted for Tentative Tract Map 13823 to run concurrently with the term of the rive -year Development Agreement. Mr. Tomlinson made an oral presentation. Councilman Friess left the Council Chamber due to a potential conflict of interest. Public Hearin¢: Notice having been given as required by law, Mayor Jones opened the Public Hearing. The applicant, David Diffley, was present to answer any questions. There being no input, the hearing was declared closed with the right to reopen at any time. Introduction of Ordinance Approving Development Agreement: The Deputy City Clerk read the title of the Ordinance neat in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following Ordinance be introduced: APPROVING DEVELOPMENT AGREEMENT. TENTATIVE TRACT 13823 (DIFFLEY) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AND TIME EXTENSION FOR TENTATIVE TRACT MAP 13823, A 13 -LOT CUSTOM HOME SUBDIVISION GENERALLY LOCATED SOUTHEAST OF SAN JUAN CREEK ROAD, NORTH OF HIDDEN MOUNTAIN (DIFFLEY) The motion carried by the following vote: AYES: Councilmen Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: Councilman Friess Councilman Friess returned to the Council Chamber. 2. APPEAL OF THE PLANNING COMMISSIONS ACTION OF JUNE 4. 1992 - APPROVING AN EXCEPTION TO ALLOW A 25 -FOOT -TALL EXTERNALLY - ILLUMINATED UMLNATED MONUMENT SIGN LOCATED AT 33301 CA_MINO CAPISTRANO. ARCHITECTURAL CONTROL 85-08 (SAPISTRANO DODGE DEALERSHIP) (410,60) Proposal: An appeal initiated by the City Council at its July 21, 1992, meeting of the approval by the Planning Commission, at its meeting of July 14, 1992, to allow a 25 -foot -tall, 80 -square -foot, externally Ili 9/1/92 illuminated monument sign at the Capistrano Dodge dealership. At that meeting Councilman Friess expressed concern that this sign constituted a significant diversion from the signs typically approved in the City, in that it was primarily for advertising purposes rather than for identification, and would be the largest sign approved of its type since 1976. Applicant/Property Owner: Tom Crane Chrysler Realty Corporation 33301 Camino Capistrano San Juan Capistrano, CA 92675 Written Communication: Report dated September 1, 1992, from the Director of Planning Services, recommending that the Planning Commission's approval of the sign be affirmed since the sign meets the required findings for sign exceptions in Section 9-3.603(h) of the Municipal Code relating to height or area. In addition, the proposed sign would replace the existing building and monument signs and would constitute the only sign for the dealership. Staff suggested that the Council consider implementing a Code Amendment to permit similar signs for other auto dealerships. Exhibits were on display, and Mr. Tomlinson made an oral presentation Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following persons responded: (1) The applicant, Tom Crane, owner/general manager of the Capistrano Dodge dealership, requested that the Council confirm the Planning Commission's approval of the sign. He noted that inadequate signage at his dealership has resulted in people mistaking the Dodge driveway entrance for the Nissan service department entrance. He stated that statistics have shown that his dealership could expect an approximate 22% increase in sales with improved signage. He noted that the City's Municipal Code provides for this type of exception for signs and that the new sign would be a reduction in total square footage for the dealership's signage since the existing building -mounted and monument signs would be removed. Councilman Friess expressed concern with excessive illumination from the dealership impacting nearby residents long after the dealership is closed and the perimeter white "Christmas" lights outlining the building. Mr. Crane explained that the lights were left on because of security problems at the back of the site but agreed that they could be reduced in intensity and turned off at midnight. (2) David Swerdlin of Mission Photography, spoke in favor of the sign exception to help increase revenues for the dealership. (3) Tim Holsten, 81421 Paseo Christina, spoke in favor of the proposed sign to help increase revenues for the dealership and to encourage the car dealerships in town to remain. (4) Don Tryon, 27539 Paseo Mamosa, spoke in favor of the proposed sign to help increase revenues for the dealership and increase sales tax revenues to the City. -9- 9/1/92 (5) Dr. Al Shimmish, 32382 Del Obispo Street (Vermeulen Shopping Center), spoke in favor of the proposed sign and noted the difficulty tenants in the Vermeulen Shopping Center have in attracting business because of the center's small signs and inadequate fighting. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Councilman Friess requested that staff evaluate the intensity of the lighting at the Dodge dealership, the duration of time the fights are left on, their impact on nearby residents, including the perimeter white lights. Councilman Hausdorfer concurred. Councilman Vasquez expressed concern that approval of this sign exception could set a precedent for businesses in the City wishing to increase their sales. He felt that the lack of monument signs makes the City unique in character. Mayor Jones felt that the City's signs were adequately controlled but that businesses located on the perimeter of the City facing the freeway needed special consideration because of their difficulty in attracting business and identifying their locations. He felt that the businesses in these areas need signs of a different character than those in the downtown area and noted that most car dealerships rely on location identification to attract business. Councilman Hausdorfer stated that the proposed sign would be effective and would reduce the overall square footage of signs on the property. He felt that some signs need to be addressed on a case-by-case basis. Resolution Affrmina the Planning Commission's Action: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following Resolution be adopted: RESOLUTION NO. 92-9-1-4. AFFIRMING PLANNING COMMISSION APPROVAL - SIGN EXCEPTION AT CAPISTRANO DODGE DEALERSHIP - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF A SIGN EXCEPTION TO PERMIT A 25 -FOOT -HIGH, 80 - SQUARE FOOT EXTERNALLY -ILLUMINATED MONUMENT SIGN AT THE CAPISTRANO DODGE DEALERSHIP, 33301 CAMINO CAPISTRANO (ARCHITECTURAL CONTROL 85-8) The motion carried by the following roll call vote: AYES: Councilmen Friess, Harris, Hausdorfer, and Mayor Jones NOES: Councilman Vasquez ABSENT: None It was a consensus of the Council that staff be directed to meet with Mr. Crane to address the issues of lighting intensity, hours of operation, the need for security, and the impact of lighting on nearby residents. Mr. Tomlinson noted that if the applicant desired to have the sign internally illuminated, it would require an additional exception subject to review by the Design Review Commission. 1 11 9/1/92 RECESS AND RECONVENE Council recessed at 8:39 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:40 p.m. ADMINUIRATIVE ITEMS DIRECTOR OF PLANNING SERVICES ACCEPTANCE OF GLENFED SOUTH PUBLIC LANDS QUITCLAIM DEED (670.50) Written Communication: Report dated September 1, 1992, from the Director of Planning Services, recommending that the quitclaim deed be approved for conveyance of the Glendale Federal Bank South Public Land to the City, pursuant to provisions of the Agreement for Conveyance of Land dated December 21, 1978. The proposed quitclaim deed would complete the transfer of South Public Land to the City. Mr. Tomlinson made an oral presentation. He noted that the City obtained title insurance from First American Title Insurance Company in the amount of S3,500 for 8-10 weeks. He recommended that execution of the quitclaim deed be authorized following recordation of the title insurance. Authorization to Execute Quitclaim Deed: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the Mayor be authorized to execute the Quitclaim Deed for conveyance of the Glenfed South Public Land to the City. 1. AGREEMENT FOR PROPOSED CARNIVAL PROGRAM (6QtL30) Written Communication: Report dated September 1, 1992, from the Director of Community Services, recommending that the Council approve an annual carnival as a new special event in the City, with the first to be held November 5-8, 1992, at the corner of Junipero Sena and Camino Capistrano. Staff estimated that the carnival could generate revenues for the City between $15,000420,000 at very little expense and recommended that the City contract with Carnival Time Shows, Inc., a professional carnival company. The contract would require the carnival company to pay the City 20% of gross ticket sales and $50 for each game and food booth. In addition, because of the number of requests from service groups to hold a carnival or circus within the City, staff recommended that a moratorium on these types of requests be approved until a City carnival and circus policy can be developed and adopted. Mr. King made an oral presentation. Mr. Julian suggested that the recommendation made by the Parks and Recreation Commission that no alcohol be allowed at the carnival be added as a condition. ADDroval of Annual Carnival and Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the following be approved: (1) The establishment of an annual carnival by the City, with alcohol to be prohibited; -11- 9/1/92 N(';' (2) The Agreement between the City and Carnival Time Shows, Inc. for a carnival to be held November 5 through 8, 1992, at Junipero Serra Road and Camino Capistrano; (3) A moratorium on additional requests until the City has developed and adopted a carnival and circus policy, with the exception of the November 1992 carnival, 1993 Heritage Festival carnival/rodeo (sponsored by the Lions Club), and the May circus (sponsored by the Kiwanis Club). 2. AUTHORIZATION TO ADVERTISE FOR SPONSORSHIP DEVELOPMENT COORDINATOR TO PROVIDE SERVICES ON A YEAR-ROUND BASIS (600.30) Written Communication: Report dated September 1, 1992, from the Director of Community Services, recommending that the City contract with a professional fundraiser to assist with funding a variety of Community Services programs, activities, and services in addition to the yearly Heritage Festival events. The Sponsor Development Coordinator would be paid on a commission basis only. Mr. King explained that the duties and responsibilities of the former position would be expanded to include year-round fundraising and noted that this type of program has worked successfully in other communities. Approval of Concept for Year -Round Sponsorship Development Coordinator: It was moved by Councilman Harris, seconded by Councilman Hausdorfer, and unanimously carried that the concept of contracting with a year-round Sponsorship Development Coordinator be approved. Staff was authorized to recruit for the position. 1. ORDINANCE APPROVING REZONE 91-01 (SAN JUAN MEADOWS/LA MESA/SAN JUAN CREEK ASSOCIATES) (460.20) (ADOPTION) Written Communication: Report dated September 1, 1992, from the City Clerk, advising that the Ordinance was introduced at the meeting of August 18, 1992, 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 Councilman Hausdorfer, seconded by Councilman Friess, that the following Ordinance be adopted: ORDINANCE NO. 711. APPRO VING REZONE 91-01- AMENDMENT TO THE FORSTER CANYON COMPREHENSIVE DEVELOPMENT PLAN (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES /LA MESA) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE FORSTER CANYON COMPREHENSIVE DEVELOPMENT PLAN - REZONE 91-01 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES/LA MESA) The motion carried by the following roll call vote: 12- 9/1/92 AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Harris and Vasquez ABSENT: None 2. ORDINANCE APPROVING DEVELOPMENT AGREEMENT (SAN JUAN MEADOWSAA MESA/SAN JUAN CREEK ASSOCIATES) (600.30) (ADOPTION) Written Communication: Report dated September 1, 1992, from the City Clerk, advising that the Ordinance was introduced at the meeting of August 18, 1992, and was scheduled for adoption. Adoption of Ordinance: The Deputy 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 Councilman Hausdorfer, seconded by Councilman Friess, that the following Ordinance be adopted: ORDINANCE NO, 712. APPROVING DEVELOPMENT AGREEMENT (SAN JUAN MEADOWSJSAN JUAN CREEK ASSOCIATESJLA MESA) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DEVELOPMENTAGREEMENT FOR TENTATIVE TRACT MAP 14343, REZONE 91-01, GENERAL PLAN AMENDMENT 92-02 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES/LA MESA) The motion carried by the following roll call vote: AYES: NOES: ABSENT: COUNCI liIANIC 1TEMS Councilmen Friess, Hausdorfer, and Mayor Jones Councilmen Harris and Vasquez None 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Leaeue of California Cities (140.20) Councilman Hausdorfer noted that the next meeting was scheduled for September 10, 1992. 1. AUCTION OF KLEIN LOTS (4&--M Councilman Friess noted that auctioneers were scheduled to sell Mr. Mine's lots on McCracken Hill and inquired about the resolution of the envelope issue. Mr. Tomlinson explained that in June 1992 he strongly recommended to Mr. Kline that a building envelope be developed consistent with the deed restrictions on the property. However, the City has had no further contact with Mr. Klein on this -13- 9/1/92 matter since that time. The City does have a copy of the deed restrictions, which the City Attorney concluded did apply to the property. He noted that adjacent residents will be notified of any progress in the matter. 2. SKATEBOARDING (590.10) Councilman Friess inquired as to staffs progress in preparing an ordinance regulating skateboarding on commercial property that is posted, as he requested at the meeting of June 16, 1992. He requested that this item be given a higher priority by staff and suggested that staff contact the City of Laguna Niguel, which recently adopted such an ordinance. He stated that once adopted, a property owner could call the Sheriffs Department to cite violators if the property is properly posted. Mr. Julian explained that open space matters recently took top priority for staff time. He noted that Mr. King met with property owners, Ted Stroscher, and the owner of the Capistrano Bay Surf and Goods (which sells skateboards) to determine where the problems are occurring. He felt that enforcement may be a problem, since officers would not be able to respond to a skateboarding violation if they are on a crime call. He stated that the preparation of a draft ordinance would be given higher priority by staff and brought back for Council review. Later in the meeting, Councilman Vasquez stated he did not want to prohibit children from riding their skateboards altogether and suggested that the draft ordinance emphasize the acrobatics that are performed. He felt that property owners, on an individual basis, should request skateboarders to leave. Councilman Friess noted that some merchants have been threatened after making such a request. 3. SIGN AT RANCHO VIEJO ROAD/VIA ESCOLAR (410,101 Councilman Friess inquired about the progress of removing the nonconforming advertising sign (Wendy's/McDonald's) at Rancho Viejo Road and Via Escolar. Mr. Denhalter stated that two certified letters were mailed to the last -known property owner, which were returned undelivered. Staff is now in the process of trying to locate the property owner's attorney. He noted that Caltrans considers it a freeway sign since it is oriented to freeway traffic, for which a permit from Caltrans is required. Since Caltrans found no permit for the sign in their files, they are considering steps to have the sign legally removed. Mr. Denhalter cautioned against removing the sign without having some contact with the property owner ("due process"). He estimated that the sign would be removed within 60 days by either the City or Caltrans. 4. SIDEWALK DOWNTOWN CAMINO CAPISTRANO (820.20) Councilman Harris noted that the sidewalks along Ortega Highway across from the Mission were extremely dirty and in need of cleanup because of stains from food and droppings from street trees. Mayor Jones felt it was incumbent upon the tenants who sell food in that area to clean up the sidewalks in front of their establishments. Mr. Julian explained that because of budget cutbacks, City crews could no longer assume the responsibility of cleaning the area. Mr. Sievers noted that the City spent about $3,600 last year just to clean that portion of the sidewalk and stated that letters were mailed to all merchants in the area from Cassandra Walker, Community Development Manager, requesting that they contact City staff to work out a mutual agreement to clean up the area. 5. GRAFFITI REMOVAL SOUTH END OF RAILROAD CROSSING BRIDGE (53060) Mayor Jones requested that Code Enforcement investigate graffiti on the railroad crossing bridge at San Juan Creek adjacent to Camino Capistrano. -14- 9/1/92 s •, 6. RAILROAD GUARDS AT LA ZANJA (820.45) Councilman Harris noted the disfunctioning of the crossing guards at the railroad crossing on La Zanja over the last few months which has caused a hazardous condition. Mr. Sievers explained that the crossing guards have been vandalized repeatedly over the last few months. The railroad supervisor in charge of maintaining signals is considering placing more secure light covers on the guards and provided a 24-hour phone number for residents to call to report vandalism. Mr. Sievers also noted that the street lights in the area have had to be replaced 12 times, and letter were mailed to homeowners associations in the area requesting their assistance in controlling the problem. The Sheriff's Department was also notified to watch the area closely. CLOSED SESSION - None ��� •iI;L L�191:YY There being no further business before the Council, the meeting was adjourned at 9:07 p.m, to the next regular meeting date of Tuesday, September 15, 1992, at 7:00 p.m. in the City Council Chamber. ATTEST: --1 i i GILJO S, MAYOR Respectfully submitted, CHERYL JOHNSON, CITY CLERK By DAWN SCHANDERL, DEPUTY CITY CLERK -15- 9/1/92