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93-0119_CC_Minutes_Regular Meeting207 JANUARY 19, 1993 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 Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Arch Rutherford of the Coast Bible Church. ROLL CALL PRESENT: Gil Jones, Mayor Collene Campbell, Council Member Gary L. Hausdorfer, 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, Interim 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 Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried that all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS TEN-YEAR SERVICE AWARD (BRIAN PERRY) (73090) Written Communication: Report dated January 19, 1993, from the Senior Management Assistant, noting that Brian Perry, Senior Civil Engineer, has served the City for over ten years and was eligible to receive a plaque in recognition of his service. Mr. Perry was in attendance to accept the plaque from Mayor Jones. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) 1. RECYCLING PROGRAM (810.60) Gillian Cannon, 26467 Calle San Luis (Capistrano Villas), submitted a letter dated January 18, 1993, expressing concerns regarding proposed changes in trash pickup at the Capistrano Villas. She inquired about the distribution, placement, and limited number of cans for each unit, whether there was any weight limitation, use of plastic bags, disposal of excess trash from periodic cleanups, etc. She suggested that no barrels be distributed until each resident has been notified of the new regulations and that plastic bags be allowed for pick up. Mr. Scarborough indicated that he would be meeting with Ms. Cannon to discuss her concerns. City Council Minutes -1- 1/19/93 2. MARY ERICKSON FOUNDATION (430.50) Pauline Leonard, 27589 Brookside Lane, director of the Mary Erickson Foundation, presented a brochure about the non-profit corporation which is dedicated to increasing and preserving the supply of low-income rental housing in South Orange County. She urged that the City move forward on the completion of the Los Rios project this year to resolve the issue of housing and fund allocations. She noted a recent article regarding the apparent non-use of funds that have been allocated to Orange County cities for the construction of low-income housing and inquired as to the City's stand in this matter. She offered her assistance to work with the City Council and Planning Commission to achieve these goals. Council Member Hausdorfer suggested that staff respond to Ms. Leonard in writing regarding her concerns. 3. CITY STAFF COMMENDATION (730.90) John Mione, 31781 Camino Capistrano, chairman of the Downtown Merchants Association, expressed appreciation to City staff for maintaining the streets in the downtown area during recent heavy rains. The following item was taken out of order on the Agenda. ADMIMSTRATIVE ITEMS DIRECTOR OF PUBLIC LANDS AND FACILITIES REQUEST FOR USE OF CITY PROPERTY FOR INSTALLATION OF TEMPORARY BARNS - JUNE AND SEPTEMBER. ANNUALLY (THE OAKS) (930.40) Written Communication: Report dated January 19, 1993, from the Director of Public Lands and Facilities, recommending approval of the request by The Oaks (Joan Irvine Smith) to install 14 temporary overflow barns on the City -owned berm area behind the stable property for two two-week events (The Oaks Classic and The Oaks Fall Classic). The two horse shows are held annually in June and September. Approval of the Use of City -Owned Property by The Oaks: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the following Resolution be adopted: RESOLUTION NO. 93-1-19-1. USE OF CITY PROPERTY, THE OAKS (JOAN IRVINE SMITH) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING APPROVAL FOR THE OAKS (JOAN IRVINE SMITH) TO USE CITY PROPERTY FOR PURPOSES OF TWO ANNUAL EVENTS (THE OAKS CLASSIC AND THE OAKS FALL CLASSIC) The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None City Council Minutes -2- 1/19/93 209 CONSENT CALENDAR It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 1. RECEIVE AND FILE CASH BALANCES BY FUND FOR NOVEMBER 1992 (30.50) The City Treasurer's Report of Cash Fund Balances for the month of November 1992 in the total amount of $154,879.16 was received and filed. 2. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF DECEMBER 31. 1992 (350.30) The City Treasurer's Report of Investments as of December 31, 1992, in the total amount of $17,400,401.95 was received and filed. 3. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) The Report dated January 19, 1993, from the Planning Director, regarding actions taken at the meeting of January 6, 1993, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated January 19, 1993, from the Director of Community Services, regarding actions taken at the meeting of December 21, 1992, was ordered received and filed. 5. REPORT OF SERRA BOARD ACTIONS (44040) The Report dated January 19, 1993, from the Director of Engineering and Building, regarding actions taken at the meeting of December 10, 1992, was ordered received and filed. 6. PLANS. SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - TRAFFIC SINAL IMPROVEMENTS AT DEL OBISPO STREEVAGUACATE ROAD (600.30) As set forth in the Report dated January 19, 1993, from the Director of Engineering and Building, the plans and specifications were approved for the construction of a traffic signal and the installation of wheelchair ramps at Del Obispo Street/Aguacate Road. Staff was authorized to call for bids. 7. AWARD OF CONTRACT - IMPROVEMENTS TO RANCHO VIEJO ROAD/VILLAGE ROAD, INCLUDING A TRAFFIC SIGNAL AND PAVEMENT WIDENING FOR BUS TURNOUTS (EXCEL PAVING) (60030) As set forth in the Report dated January 19, 1993, from the Director of Engineering and Building, the contract for the construction of improvements to Rancho Viejo Road/Village Road was awarded to the lowest responsible bidder, Excel Paving Company, in the amount of $268,247. All other bids were City Council Minutes -3- 1/19/93 210 rejected, and the Mayor and City Clerk were authorized to execute the contract on behalf of the City. Additional funds in the amount of $24,882 were appropriated to cover the additional costs above those initially estimated. Mayor Jones abstained due to a potential conflict of interest. PUBLIC HEARINGS 1. APPLICATION TO ESTABLISH AN ENTRY GATE ON PASEO CHRISTINA AT SAN JUAN CREEK ROAD WITHIN THE COMMUNITY KNOWN AS HIDDEN VALLEY 82( 0.90) Proposal: Consideration of an application by the Hidden Valley Road Maintenance Association for the establishment of an entry gate on Paseo Christina south of Paseo Michelle to serve the residents on Paseo Christina and La Pasita. Applicant: Hidden Valley Road Maintenance Association Written Communication: Report dated January 19, 1993, from the Director of Engineering and Building, recommending that the application for an entry gate be approved. The report noted that the application was complete and satisfied the requirements of Chapter 13, Section 8 of the Municipal Code. No additional comments or concerns were expressed by the reviewing departments. The estimated cost of $10,000 to construct the gate and related improvements would be borne solely by the homeowners. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Approval of Entry Gate, Hidden Valley: It was moved by Council Member Campbell, seconded by Council Member Nash, and unanimously carried that the application by the Hidden Valley Road Maintenance Association to establish an entry gate on Paseo Christina, a private street, be approved to serve the residents on Paseo Christina and La Pasita. 2. REZONE 92-04 - A REQUEST TO AMEND SPECIFIC DEVELOPMENT PLAN 87-1 TO PERMIT THE ESTABLISHMENT OF AUTOMOBILE DEALERSHIPS (PRICE CLUB CENTER) (410.50) Proposal: Consideration of an application by the Price Company for a rezone to amend Specific Development Plan 87-1 to permit the establishment of automobile dealerships in Building 6 of the Price Club Center, located at 33949 Doheny Park Road. Building 6 formerly house the Price Club Home Furnishing Center. Applicant /Property Owner: The Price Company P.O. Box 85466 San Diego, CA 92186-5466 City Council- Minutes -4- 1/19/93 211 Written Communication: Report dated January 19, 1993, from the Planning Director, noting that staff had no issues regarding the proposed rezone and recommending approval. Exhibits were on display, and Mr. Tomlinson made an oral presentation. He noted that other architectural control and landscape applications pending on the project would be reviewed by the Design Review Commission. He noted that the project did not propose any encroachment within the 25 -foot landscape buffer area between the dealership and the adjacent mobile home park. In response to an inquiry by Council Member Hausdorfer, he explained that the additional parking proposed for new cars and inventory would still meet the requirements of the Municipal Code. Council Member Vasquez inquired about the size of the proposed dealerships as compared with other dealerships, e.g. the total number of cars parked on site. Mr. Tomlinson provided comparisons with regard to ratio of building square footage and number of parking spaces. Council Member Nash inquired whether a wall was proposed around the site. Mr. Tomlinson stated that no wall was proposed and noted that the adjacent mobile home park did not wish to have a wall constructed between the properties. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following persons responded: (1) Lois Miller, Vice President of Planning for the Price Company, spoke in support of the staff recommendation. (2) Cash Casselli, 33831 Camino Capistrano, president of the Villas San Juan Mobile Home Park Homeowners Association, requested that the 25 -foot landscaped buffer area be retained between the mobile home and the proposed dealerships. (3) Ben Weseloh, co-owner of Hacienda Ford, stated that one of the dealerships would be a Ford dealership; the other has not yet been decided. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Council Member Nash stated she had no objections to a dealership use at this site, but had concerns that the project as originally presented contained only one dealership and the new car inventory was to have been hidden. She cited concerns that there was insufficient parking on site to accommodate two dealerships and also suggested that Council consider the reconfiguration of the parking. She recommended that the Design Review Commission consider moving the majority of the parking to the rear of the site to avoid the image of a solid mass of cars. Council Member Hausdorfer commended the proposed use of the site but felt that the parking as proposed was too intense. He suggested that one row of parking be removed between the Price Club and the dealership building, that landscaping be installed around the public areas on the north and south sides to provide definition to the site, and that the three -row stacking of cars in the display area fronting Camino Capistrano be reconfigured. Council Member Vasquez concurred with concerns expressed regarding the intensity, parking and landscaping. City Council Minutes -5- 1/19/93 212 . Introduction of Ordinance Approving Rezone 92-04: 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 Campbell, that the following Ordinance be introduced: APPROVING REZONE 92-04 - AMENDMENT TO SPECIFIC DEVELOPMENT PLAN 87-1 (THE PRICE CLUB) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 92-04, AN AMENDMENT TO SPECIFIC DEVELOPMENT PLAN 87-1 TO PERMIT THE ESTABLISHMENT OFAUTOMOBILE DEALERSHIPS IN BUILDING 6 OFTHE PRICE CLUB CENTER The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None Recommendations to Design Review Commission: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that the Design Review Commission consider the following during their review of architecture and landscaping for the project: (1) The deletion of one row of parking closest to the Price Club building and between the Price Club and the dealership, to allow only two rows of stacking. (2) The addition of specific berm landscaping around the public areas for definition, with emphasis on retaining the 25 -foot landscaped buffer area between the dealership and the adjacent mobile home park. (3) Reconfiguration of parking of stacked cars for display fronting Camino Capistrano. 3. REQUEST FOR TEMPORARY STREET CLOSURES - ANNUAL FIESTA DE LAS GOLONDRINAS PARADE - SATURDAY. MARCH 20. 1993 (FIESTA ASSOCIATION) 150.60 Proposal: Consideration of a request for temporary street closures and application for a parade permit for the Fiesta de las Golondrinas Parade scheduled for Saturday, March 20, 1993, at 11:00 a.m. The Engineer's estimate for providing the necessary traffic control services, sanitary facilities, and City personnel is $2,450, with funds allocated in the 1992-93 Public Lands and Facilities and Engineering and Building budgets. Written Communication: Report dated January 19, 1993, from the Director of Engineering and Building, detailing the parade route and temporary street closures. Mr. Huber made an oral presentation and expressed appreciation to the Fiesta Association for their cooperation with City staff. City Council Minutes -6- 1/19/93 213 Public Hearing: Notice having been given as required by law, Mayor Jones opened the public hearing, and the following person responded: (1) Anita Adkisson, 31211 Calle Del Campo, on behalf of the Fiesta Association, expressed appreciation to City staff for their assistance, particularly Bud Vokoun, Traffic Engineer, At King, and Ron Sievers. There being no further input, the hearing was declared closed with the right to reopen at any time. Approval of Street Closures and Parade Permit: It was moved by Council Member Nash, seconded by Council Member Campbell, and unanimously carried to approve the temporary street closures between the hours of 6:00 a.m., and 4:00 p.m., for the Fiesta de las Golondrinas Parade on Saturday, March 20, 1993, and the issuance of a parade permit to the San Juan Capistrano Fiesta Association be approved. The license fees required per Municipal Code Section 5-11.08 were waived. 4. ESTABLISHMENT OF NUMERICAL LIMITS FOR CALENDAR YEARS 1994-96 (RESIDENTIAL GROWTH MANAGEMENT PROGRAM) (440.50) Pronosal: Consideration of the establishment of numerical limits for calendar years 1994-1996 under the City's Growth Management Program, which restricts the number of building permits which may be allocated in a given calendar year and in no way obligates the Council to grant allocations which approach the set numerical limits. Written Communication: Report dated January 19, 1993, from the Planning Director, recommending that the numerical limit be set at 400 units per year in order to accommodate currently approved projects and pending projects. Mr. Tomlinson made an oral presentation. He noted that several projects in the Glenfed area which were scheduled for development would need further evaluation to determine the need for additional allocations in the future. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Resolution Establishing Numerical Limits for 1994-96: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted establishing the numerical limits for calendar years 1994-96 at 400 units per year: RESOLUTION NO. 93-1-19-2. ESTABLISHMENT OF NUMERICAL LIMITS. 1994-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING NUMERICAL LIMITS PER TITLE 9, CHAPTER 7, SECTION 9-7.08(b) OF THE MUNICIPAL CODE, FOR RESIDENTIAL DWELLING UNIT BUILDING PERMITS TO BE ALLOCATED FOR THE CALENDAR YEARS 1994, 1995, AND 1996 City Council Minutes -7- 1/19/93 214 MA The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None _ 5. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED AT 31782-86 CAMINO CAPISTRANO (SWALLOWS INN/NORDECK) (400.20) Proposal: Consideration of a Disposition and Development Agreement for the purchase of the Agency -owned Swallows Inn/Paisley Penguin property located at 31782-86 Camino Capistrano by Stephen A. Nordeck. Written Communication: Report dated January 19, 1993, from the City Manager, recommending that the Disposition and Development Agreement be approved with Stephen A. Nordeck and the San Juan Capistrano Redevelopment Agency. The Agency received three bids in response to the Invitations to Bid, which ranged from $395,000 to $500,000. The proposed Agreement provides for a sales price of $450,000, a gain of $76,751 over the original purchase price, and includes a perpetual easement for parking and irrevocable offer of dedication of the northwest corner for the proposed realignment of Ortega Highway. Mr. Scarborough made an oral presentation. Council Member Nash inquired whether the Swallows Inn use would be retained only if it remained financially viable for the owner. Mr. Scarborough indicated that if the use became financially inviable, staff would not hold the owner to that use. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following person responded: (1) Steve Nordeck, 26 Via Barcaza, Trabuco Canyon, stated that it was his intent to keep the Swallows Inn as is because of its history and character. He advised that he owns the Trabuco Oaks Steak House and has retained its use and character. There being no further input, the hearing was declared closed with the right to reopen at any time. Resolution Approving the Disposition and Development Agreement with Stephen A. Nordeck: It was moved by Council Member Nash, seconded by Council Member Campbell, that the following Resolution be adopted: RESOLUTION NO. 93-1-19-3. APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE SALE OF PROPERTY LOCATED AT 31782-31786 CAMINO CAPISTRANO TO STEPHEN A. NORDECK — (SWALLOWS INN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT FOR CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA TO STEPHEN A. NORDECK (SWALLOWS INN) City Council Minutes -8- 1/19/93 215_ The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, and Vasquez NOES: None ABSTAIN: Mayor Jones ABSENT: None Mayor Jones abstained due to the proximity of his residence/business to the subject property. RECESS AND RECONVENE Council recessed at 7:50 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:59 p.m. ADMINISTRATIVE ITEMS DIRECTOR OF PLANNING SERVICES 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Communication: Report dated January 19, 1993, from the Planning Director, advising that six new development applications were received by the City since the last report of December 15, 1992. It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that the Report be received and filed. DIRECTOR OF PUBLIC LANDS AND FACILITIES (continued) 2. PROPOSED AGREEMENT FOR OPERATION OF STREET LIGHT FACILITIES (SAN DIEGO GAS & ELECTRIC COMPANY) (600.30) Written Communication: Report dated January 19, 1993, from the Director of Public Lands and Facilities, recommending that the Agreement for Operation of Street Lighting Facilities with San Diego Gas & Electric be approved. The Agreement covers the operation, maintenance, subsequent annexations and installations, rearrangement, relocation and removal, and general provisions for the interface of 560 City street lights that were purchased from SDG&E in 1991. Douglas Dumhart, Management Assistant, made an oral presentation. Approval of Agreement for Opgration of Street Lighting Facilities with SDG&E: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried that the Agreement for Operation of Street Lighting Facilities with San Diego Gas & Electric be approved. The Mayor was authorized to execute the document on behalf of the City. COUNCQ.MANIC ITEMS City Council Minutes -9- 1/19/93 16 ORAL REPORTS OF OUTSIDE AGENCIES a. San Joaquin Hills Transportation Corridor (800.50) Council Member Campbell noted that Corps of Engineers 404 Permits were issued and that the Agency was negotiating to sell the bonds. COUNCIL COMMENTS RECOGNITION OF JOHN AND MARTHA DIAZ (610.40 Council Member Hausdorfer noted an article which appeared in a recent edition of The Los Angeles Times regarding the successful efforts of John and Martha Diaz with the San Juan Elementary School PTA. It was a consensus of the Council that a Resolution or other form of recognition be awarded to the Diazes in appreciation of their work at the school. Mayor Jones noted that John Diaz will become chairman of the San Juan Task Force next year. MEASURE M FUNDS (940.45) Council Member Hausdorfer, chairman of the Orange County Transit Authority, presented Mayor Jones with two checks from the OCTA totaling approximately $300,000, which represented the City's first turn - back of the Vz-cent sales tax from Measure M funds. Mr. Huber noted that the money would be used for the construction of a traffic signal at Rancho Viejo Road and Village Road and the widening of Rancho Viejo Road. Mayor Jones commended Council Member Hausdorfer for his work on the OCTA. 3. SEWAGE SPILL (1040.30) Council Member Nash inquired about potential health impacts on the City that could be associated with the sewage flowing down Oso and San Juan Creeks due to the break in a Mission Viejo sewer line. Mr. Huber explained that the biggest impact from the spill was to beaches; however, it constitutes a hazard to anyone in the channel with direct contact with the water. He noted there was no hazard to persons or structures outside of the channel. Mr. Scarborough indicated that the City learned of the spill from an article in the newspaper and that the City was never officially notified. He stated that Mr. Huber would be discussing this matter and inter -city communication process at the next SERRA meeting to avoid such an occurrence in the future. 4. STAFF COMMENDATION 730.90) Council Member Campbell commended staff for their efforts during the recent heavy rains and noted that residents have expressed their appreciation. Mayor Jones concurred and noted the minimal amount of damage which occurred in the City compared with other areas, which he felt was a result of effective planning and work in the past by Directors Huber and Sievers. Mr. Scarborough noted the good attitude of the City crews during their storm work. 5. DEVELOPMENT PROJECTS (440.10) Council Member Campbell requested that the City ensure that their projects be carried through to completion, such as the cleanup of sandbags left at La Novia/Valle Roads, which should have been seeded orlandscaped. City Council Minutes -10- 1/19/93 217 6. SCHOOL TRAFFIC - SAN JUAN SCHOOL (515.60) Council Member Vasquez noted he had received a complaint regarding traffic congestion in front of San Juan Elementary School and inquired how the City could assist in resolving this problem. Mr. Scarborough noted that discussions with the School District are still on-going; however, he had been advised that modifications had been made to the parking. He further noted discussions regarding extension of the sidewalk at the school so the children can cross correctly. That project will be considered at the mid -year budget review. CLOSED SESSION Council recessed to a Closed Session at 8:20 p.m. for discussion of personnel matters per Government Code Section 54957 and labor relations per Government Code Section 54957.6, the City Clerk being excused therefrom, and reconvened at 10:00 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:00 p.m. to the next regular meeting date of Tuesday, February 2, 1993, at 7:00 p.m, in the City Council Chamber. Respectfully submitted, WMIM&MLeigy., r ATTEST: ,GIL JONES—,MAYOR City Council Minutes -11- 1/19/93