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93-0202_CC_Minutes_Regular Meeting219 FEBRUARY 2, 1993 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPLWRANO, 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 Tony Louch of the Christ Community 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; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that all Ordinances be read by title only. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) None. CONSENT CALENDAR It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, 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 APPROVAL1. OF gY COUNCIL MINUTES_ OF Nl • JANUARY 19, 1r� The Minutes of the Regular Meetings of January 5 and January 19, 1993, were approved as submitted. • • • • ! • ' ►I 1rs+ • O .t The Minutes of the Regular Meetings of January 5 and January 19, 1993, were approved as submitted. City Council Minutes -1- 2/2/93 3. RECEIVE AND FILE WARRANTS OF DECEMBER 31,1992, AND JANUARY 22,1993 00 The List of Demands dated December 31, 1992, in the total amount of $841,806.27, and the List of Demands dated January 22, 1993, in the total amount of $1,710,345.17 were received and filed. C�:i�l3�l.b1[•],y�]�C`i[t7.i��(��ij�7�[u • • y • - t .J The Report dated February 2, 1993, from the Planning Director, regarding actions taken at the meeting of January 20, 1993, was ordered received and filed. 5. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated February 2, 1993, from the Director of Planning Services, regarding actions taken at the meeting of January 12, 1993, was ordered received and filed. 6. RESOLUTION. DETERMINING COMPLETION OF PRIVATE STREET IMPROVEMENTS (CAMINO SANCHO AND VIA LEONA) AND AUTHORIZING TRACT 12633/WARMINGTON HOMES) (600.30) As set forth in the Report dated February 2, 1993, from the Director of Engineering and Building, the following Resolution was adopted declaring the street improvements for Camino Sancho and Via Leona to be complete: RESOLUTION NO, 93-2-2-1. COMPLETION OF PRIVATE STREET IMPROVEMENTS AND REDUCTION OF BONDS, TRACT 12633 (PHASE ONE. THE WARMINGTON HOMES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PRIVATE STREET IMPROVEMENTS AT CAMINO SANCHO AND VIA LEONA OF TRACT 12633, PHASE ONE, THE WARMINGTON HOMES/DIVIDEND The Resolution accepted the work as complete and authorized the reduction of Street Improvement Bond No. 944920S for Tract 12633 from $40,295 to $28,207. [I.3►Lf.�•I•L�[•Jw_\IS : •7:/_\Ifi.i1•J mulls :�YlJt T t7 The claim received by the City on January 20, 1993, from Lyda Obst for an unknown amount for personal injuries was denied, as set forth in the Report dated February 2, 1993, from the City Attorney. PUBLIC HEARINGS s •lti7;il�' _� .i.� • . .9C•7.«kice g•T�7:(klrl�l,3f- swW9. Proposal: Consideration of an appeal of the Planning Commission's action of November 24,1992, which required the applicant to secure a lot line adjustment to consolidate two lots prior to the construction of a tennis court. The applicants proposed construction of a tennis court on a lot adjacent to and separate from the primary residence. The project did not meet Municipal Code standards since tennis courts are City Council Minutes -2- 2/2/93 221 allowed only as accessory uses. The hearing was continued from the meeting of January 5, 1993, at the request of the appellant. Applicant/Procerty Owner/Appellant: Bob and Beth Rohe 26212 Calle Roberto San Juan Capistrano, CA 92675 Written Communications: (1) Report dated February 2, 1993, from the Planning Director, recommending that the Planning Commission's condition be upheld. (2) An alternative condition submitted by staff requiring the applicant to secure a grant deed restriction on the tennis court parcel (Parcel 3). The document would state that the tennis court was an accessory use for the adjacent lot and not a principle use, and that the court shall be removed upon sale or other conveyance of Parcel 3 unless it became an accessory use to a new residence on the lot. The deed restriction would be in favor of the City, with any sale of the tennis court lot subject to notification of the City prior to close of escrow. Mechelle Lawrence, Assistant Planner, made an oral presentation. She discussed the alternative condition to require a grant deed restriction for Parcel 3, which staff recommended be approved if the lot line adjustment was not desired by the Council. She noted that the grant deed restriction would bring Parcel 3 into compliance with the Municipal Code and would alert future buyers of Parcel 3 that the tennis court must be removed or a residence built on the parcel. She noted that the applicant supported the condition for a grant deed restriction. Public Hearin¢: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following person responded: (1) Stephen Coontz, attorney for the appellants, stated that the condition for a grant deed restriction was acceptable. There being no further input, the hearing was declared closed with the right to reopen at any time. Resolution Affirming Planning Commission's A=oval of Conditional Use Permit 92-03. with Modred Condition: It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, that the following Resolution be adopted, as amended: RESOLUTION NO, 93-2-2-2. AFFIRMING PLANNING COMMISSION DECISION - APPEAL OF CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT 92-3(ROHE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT, CUP 92-3, TO ALLOW TENNIS COURT LIGHTING AT A PRIVATE RESIDENCE LOCATED AT 26212 CALLE ROBERTO, SUBJECT TO A GRANT DEED RESTRICTION ON PARCEL 3 OF PARCEL MAP 23/25 (ROHE) The motion carried by the following vote: City Council Minutes -3- 2/2/93 222 AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 2. APPEAL OF PLANNING COMMISSION ACTION OF DECEMBER 8. 1992. RELATING TO OUTDOOR LIGHTING OF AN EXISTING ATHLETIC FIELD CONDITIONAL USE PERMIT 92-02 (PATRICK MEEK) (460.70) Proposal: Consideration of an appeal of the Planning Commission's action of December 8,1992. The Commission had approved night lighting at an existing athletic field on the Rancho Capistrano property located at 29251 Camino Capistrano; however, the Commission also required that prior to the issuance of any electrical permits a master plan for the Rancho Capistrano Religious Facility be submitted. Properly Owner: Rancho Capistrano 34118 Pacific Coast Highway Dana Point, CA 92629 Architect: Patrick Meek 34118 Pacific Coast Highway Dana Point, CA 92629 Written Communication: Report dated February 2,1993, from the Planning Director, recommending that a Resolution be adopted approving the outdoor night lighting and deleting the condition recommended by the Planning Commission. Staff felt that submission of a master plan was unnecessary for this application as the project represented a minor expansion of the existing facility and did not represent a new use for the site. Exhibits were on display, and Mr. Tomlinson made an oral presentation. He noted that several community athletic groups raised funds to use a field which would no longer be unavailable when the congregate care facility approved at that location was constructed. The application was to provide lighting at the field immediately north of the present site which would simply replace the field currently in use. He further advised that the City had been working with Rancho Capistrano in the development of a master plan for both the area in the City's sphere of influence and the area located on the old Bathgate ranch area in the City. Public Hearin ¢: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following person responded: (1) Steve Warner, manager of Rancho Capistrano, explained that because of the loss of the old field, Rancho Capistrano requested that the athletic groups raise funds for lighting of a new field. He noted there is no master plan for the site at this time nor in the immediate future, which would delay the installation of lighting at the new field for a considerable length of time. He requested that the lighting be approved to accommodate local athletic groups. He stated — he supported the other conditions recommended by staff. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Council Member Hausdorfer noted the increasing demand for athletic fields in the area and felt that Rancho Capistrano should be commended for allowing this type of use on its property. Council Member Vasquez felt that the lighting at ball fields in San Clemente and Laguna Niguel were unattractive and recommended that the aesthetics of the lighting be considered for the new field. City Council Minutes -4- 2/2/93 223 Resolution Approving Anneal - Conditional Use Permit 92-02: It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, that the following Resolution be adopted: RESOLUTION NO, 93-2-2-3. APPROVING APPEAL _ OF PLANNING COMMISSION ACTION - CONDITIONAL USE PERMIT 92-2 TO ALLOW NIGHT LIGHTING AT ATHLETIC FIELD AT RANCHO CAPISTRANO COMMUNITY CHURCH SITE (MEEK) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING APPEAL OF PLANNING COMMISSION ACTION AND APPROVING CONDITIONAL USE PERMIT 92-02 FOR OUTDOOR NIGHT LIGHTING OF AN EXISTING ATHLETIC FIELD, LOCATED AT THE RANCHO CAPISTRANO COMMUNITY CHURCH SITE, 29251 CAMINO CAPISTRANO (MEEK) The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None Direction to Staff: It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, and unanimously carried that staff be directed to require that any future applications for discretionary approvals be required to be accompanied by a master plan. Staff was also directed to notify the County of the City's desire to have a Master Plan prepared prior to the processing of any discretionary approvals for Rancho Capistrano within the City's sphere of influence. �K�L�i�`.[N:[a7 • „= r :11 . u[�i llLr�r.]i [:iTirl�.1] 210.30 Review of the Open Space Master Plan Implementation Report, including proposed project funding recommendations and solicitation of bids for the preparation of site and architectural plans. Aoolicant: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Written Communications: (1) Report dated February 2, 1993, from the Director of Community Services, forwarding the Open Space Master Plan Implementation Report for acceptance and recommending approval of the proposed project funding and solicitation of requests for proposals for the preparation of the necessary site and architectural plans. (2) Letter to the City Clerk dated February 1, 1993, from Marceile Pickhardt, 26172 Via Monterey, requesting that plans for the Kinoshita Farm site include the removal of packing bones and old cars located at the comer of Del Avion and Alipaz Street. Mr. King presented an overview of the Open Space Master Plan process to date. He noted that numerous letters in support of additional soccer fields and lighting for the fields had been received and City Council Minutes -5- 2/2/93 224 would be submitted to the City Clerk. Mr. Tomlinson summarized the goals, objectives, and criteria established by the Open Space Master Plan workshop participants and noted that staff made every effort not to lead the process, direct the workshop participants, or make any recommendations. Mr. Ramsey explained the difference between allocated and unallocated projects and noted the modifications made by staff for funding of the community center and the rehabilitation of the Joel Congdon residence. Regarding on-site parking at the Kinoshita Farm site, Mr. Tomlinson explained that the initial phase of the parking would accommodate overflow parking from the proposed athletic facilities and community center and would ease potential (and existing) problems with parking in nearby neighborhoods. He stated that staff needs to establish the type of use, type of group, and ongoing maintenance of the Congdon residence before rehabilitating the structure. He noted that because of IRS regulations, the City could not operate the Swanner residence as a bed and breakfast establishment; however, staff is currently investigating the possibility of moving the proposed nature center into the Swanner residence. Mr. King commended the following Open Space Citizens Advisory Committee for their outstanding efforts: Pauline Leonard, Vickee Donoho, Wilson Buckner, and Jerry Harris. He also expressed appreciation to staff of the Sun Post, the Capistrano Valley News, and the Orange County edition of The Los Angeles Tunes for the many articles published on the Open Space Master Plan which kept residents informed of its progress. Public Hearin¢: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following persons responded: (1) Mike Roy, commissioner of local soccer league Region 87, stated that he and other directors of youth services in the local area decided to establish a task force to assist in the plans for athletic fields at the Kinoshita Farm site, which he felt should be divided among soccer, baseball, and football uses. He noted the poor condition of existing fields and the need for additional fields to accommodate the growing number of local youth participating in soccer. He felt that the City should develop fields similar to those in Mission Viejo, Laguna Niguel, and San Clemente and noted that the World Cup of Soccer would be held in the area in 1994. (2) Roy Nunn, 31011 Paseo Valencia, spoke as a Design Review Commissioner and an architect who specializes in the design of recreational facilities. He commended the Open Space Master Plan and inquired about the refurbishment of the Marco Forster field to accommodate soccer play. He felt that efforts should be concentrated on improving existing facilities to make them available as soon as possible. Mr. Tomlinson explained that arrangements for the refurbishment and use of Marco Forster field needed to be coordinated with the Capistrano Unified School District, and different types of funding sources needed to be identified because of restrictions in the bond issuance. (3) Jack Tarr, 27452 Calle Arroyo, requested that the Open Space Master Plan be amended to include two additional soccer fields to accommodate local youths and felt that the fields could be implemented at less cost than estimated in the Implementation Report. (4) Larry Bingham, 31241 Via Cuartel, president of the San Juan Capistrano Little League, stated that the league combined its efforts with the soccer leagues for the implementation of athletic fields. He noted the poor condition of the fields in the City and the large number of youth wanting to participate in local sports. He recommended that existing fields be improved to provide athletic uses as soon as possible. (5) Doug Lowe, San Juan Capistrano resident, spoke in favor of additional soccer fields at the Kinoshita Farm site. He noted the need to provide soccer facilities for the under -privileged, at -risk youth in the City and suggested that the City subsidize these youths to encourage their City Council Minutes -6- 2/2/93 participation. He recommended that access to the fields be limited and that the uses be rotated on a regular basis to prevent overuse. He felt that the City should reconsider the need for a nature center at the North San Juan site because of the proximity of two other nature centers to the City: Caspers Park and the Marine Institute in Dana Point. (6) Mike Redding, 25775 Avenida Pedregal, spoke in support of the projects listed as unallocated funds. He urged that implementation of the nature center move forward as soon as possible and submitted photographs of the Santa Barbara Botanical Gardens, upon which the nature center could be modeled. He emphasized that the consensus of the workshop participants had always been on the need for all types of uses for the City's open space areas, not just recreational facilities, to demonstrate the City's values towards its history and open space areas. (7) Tom Crane, general manager of Capistrano Dodge, 33301 Camino Capistrano, emphasized that it was more important that the Plan be done in a quality way rather than trying to please everyone. (8) Tracy Stoltz, executive director of the Fran Joswick Therapeutic Riding Center, noted that her center was included as an unallocated project and requested that the Open Space Master Plan continue to include the center in its plans. (9) Karen Noble, 28772 Calle Posada, member of the Region 87 soccer league, noted the loss of two fields in the City for soccer play (Buchheim and Stone fields) and urged that the City approve additional athletic fields to serve the growing number of youth in the area. (10) Marlene Draper, 31141 Via Cristal, member of the School Board, stated that the School District was in the process of redesigning the Buchheim and Stone fields and noted that portable units that were placed on some of the fields have restricted some of the athletic uses. Although funding was limited, she stated that the District was willing to work with the City regarding the use of these fields. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Comments: Council Member Hausdorfer recommended that the City concentrate on the implementation of two soccer fields and two baseball fields at the Kinoshita Farm site, with minimal improvements made at the North San Juan site. He recommended that $1.5 million be spent on improvements, with $500,000 kept in reserve. He felt it was unfair to spent a substantial amount of funds at the North San Juan site until adequate access has been provided to the site and noted that the site lends itself to a more natural setting. He suggested that the community center be made a lower priority, that the creation of two soccer fields and two baseball fields at the Kinoshita Farm site be made a higher priority, and that funds be invested in a series of minimal improvements at the North San Juan site. He suggested that the City, in conjunction with the Cities of Dana Point and Laguna Niguel, form a joint task force to review recreational needs and funding resources for the region because of overlapping uses. Council Member Campbell felt that the City's senior citizens were entitled to the center and felt that the priorities set by the Open Space Master Plan workshop participants should be upheld. Council Member Hausdorfer noted there were other locations in the City which serve the needs of a community center, such as the Hot Springs Dance Hall and the Old Fire Station, and felt that priority should be placed on addressing the needs of the City's youth first. In response to an inquiry by Council Member Nash, Mr. King explained that overuse and the installation of portable units caused the loss of many athletic uses at the Buchheim, Stone, and Ambuehl School fields. Council Member Nash noted that the soccer leagues had over three years in which to provide their input to the Open Space Master Plan process and stated she supported the proposed Open Space City Council Minutes -7- 2/2/93 226 Master Plan Implementation Report because of her belief in the importance of the Open Space Master Plan process that has been conducted to date. She noted that the City already has two more athletic fields than what is expected for this size of community and suggested that other cities be encouraged to develop athletic facilities to share in the regional obligation to serve local youths. She felt that no city should have to bear the brunt of the activity, noise, traffic, and lights associated with sports facilities. Since the funds came from the community, she felt that no one organization should take priority. _ Council Member Vasquez indicated he would support the staff recommendation because of the balance of proposed uses. Mayor Jones emphasized the importance of the proposed community center at the sports park complex and noted the inadequacy of such facilities in the City. Resolution Accepting Open Space Master Plan Impmentation Report and Adopting Project Funding Recommendations: It was moved by Council Member Nash, seconded by Council Member Vasquez, the following Resolution be adopted: RESOLUTION NO, 93-2-2-4. ACCEPTING OPEN SPACE MASTER PLAN IMPLEMENTATION_ REPORT AND ADOPTING FUNDING RECOMMENDATIONS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE OPEN SPACE MASTER PLAN IMPLEMENTATION REPORT AND ADOPTING THE PROJECT FUNDING RECOMMENDATIONS The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None The Resolution approved funding for Allocated Projects in the total amount of $1,541,937; directed staff to prepare the necessary requests for proposals to recruit qualified firms for the preparation of necessary site and architectural plans for the funded projects; directed staff to return to the City Council, subsequent to the land acquisition process or by June 30, 1993, whichever occurs first, with recommendations on unallocated funds in the amount of $458,063; and, directed staff to proceed with discussions and negotiations with other public agencies and non-profit organizations for participation in providing a funding commitment for other planned park facilities not included in the initial funding recommendations. Direction to Staff: With the concurrence of the second, the motion was amended to include encouragement to staff to work with other organizations and cities to locate funding for the development of athletic facilities in San Juan Capistrano as well as in other cities so that San Juan Capistrano does not bear the full burden of providing athletic facilities for the region. Council recessed at 8:30 p.m. and reconvened at 8:40 p.m. City Council Minutes -8- 2/2/93 •u !lI_ .• • •, • • Pr : Consideration of an amendment to the Municipal Code modifying the administrative approval process for Temporary Use Permits and transferring religious, fraternal, and service organizations to Section 9-3.304 (Specified Uses Requiring Conditional Use Permits). The proposed Ordinance was prepared in response to concerns expressed by the Planning Commission regarding the administrative approval of Temporary Use Permits giving an unrealistic expectation on the part of the applicant as to the future validity of the use. Applicant: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Written Communication: Report dated February 2, 1993, from the Planning Director, recommending that the Ordinance be introduced. The report noted that the Amendment would provide the opportunity for churches to locate anywhere in the City with a Conditional Use Permit and would limit administrative approvals to uses that are inherently temporary without the potential to become permanent. Public Hearin ¢: 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. Introduction of Ordinance Modifyinnp the Administrative Approval for Temnorary Use Permits: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Nash, seconded by Council Member Campbell, that the following Ordinance be introduced: MODIFYING THE ADMINISTRATIVE APPROVAL PROCESS FOR TEMPORARY USE PERMITS AND TRANSFERRING RELIGIOUS. FRATERNAL. AND SERVICE ORGANIZATION USES FROM THE CLASSIFICATION OF TEMPORARY USES TO CONDITIONAL USES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER 2, SECTION 9-2.312 OF THE MUNICIPAL CODE TO MODIFY THE ADMINISTRATIVE APPROVAL PROCESS FOR TEMPORARY USE PERMITS, AND AMENDING TITLE 9, CHAPTER 3, SECTIONS 9-3.304 AND 9-3.608 TO DELETE RELIGIOUS, FRATERNAL AND SERVICE ORGANIZATIONS AS TEMPORARY USES AND ADD AS CONDITIONAL USES The motion carried by the following vote: AYES: NOES: ABSENT: City Council Minutes Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones None None 0 2/2/93 5. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - REQUIRING CONDITIONAL USE PERMITS AND ESTABLISHING STANDARDS FOR BED AND BREAKFAST ESTABLISHMENTS (420 Pro : Consideration of amendment to Section 9-3.304 of the Municipal Code establishing land use standards, site development standards, and operations requirements for bed and breakfast establishments, subject to a Conditional Use Permit. The intent of the ordinance was to provide an incentive for the adaptive reuse of structures designated on the City s Inventory of Historic and Cultural Resources as well as an incentive for property owners to seek designation on the Inventory. Applicant: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Written Communication: Report dated February 2, 1993, from the Planning Director, summarizing provisions in the draft Ordinance with regard to land use regulations, development standards, operational standards, and public health requirements. The Report also discussed recommendations forwarded by the Cultural Heritage Commission and the Planning Commission with regard to smoking in these establishments, sale of alcoholic beverages, and safety measures. Bill Ramsey, Senior Planner, made an oral presentation. Public Hearin ¢: 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. Introduction of Ordinance Regrulatiny Bed and Breakfast Establishments: 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: AMENDMENT TO TITLE 9 OF THE LAND USE CODE - BED AND BREAKFAST ESTABLISHMENTS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.304 AND ADDING SECTION 9-3.630, BED AND BREAKFAST ESTABLISHMENTS, TO THE MUNICIPAL CODE AND ESTABLISHING STANDARDS FOR SUCH STRUCTURES AND USES The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None City Council Minutes -10- 2/2/93 22,9- 6. 2 9.,6. CONSIDERATION OF THE RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 199196 (RESIDENTIAL GROWTH MANAGEMENT PROGRAM) (440.50) ProWsZ: Consideration of a proposed allocation schedule as part of the City's Residential Growth Management Program for calendar years 1993 to 1996, limiting the number of residential units to 400 per year, as recommended by the Planning Commission. Written Communication: Report dated February 2, 1993, from the Planning Director, noting the following three projects that are presently eligible for building permit allocations: Lomas San Juan Planned Community, Forster Canyon Planned Community, and Pepperwood Tract 14329. Public Hearin¢: 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. Aynroval of Residential Allocation Schedule: It was moved by Council Member Vasquez, seconded by Council Member Campbell, that the following Resolution be adopted: 1 Y.)SiYI�iJ;i`.li]L�t • �_ tiF-YAF— K7101.7` S. MANAGEMENT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING RESIDENTIAL ALLOCATIONS FOR THE CALENDAR YEARS 1993, 1994, 1995, AND 1996 (RESIDENTIAL GROWTH MANAGEMENT) The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 7. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - P_ROPERTY LOCATED AT 33949 DOHENY PARK ROAD. #6 (IMMUNITY REDEV DPMENTAGENCY/PRICECOMPANY/WESELOHINVESTME_NTS)(4n0 I1) Prot": Consideration of: a) The second amendment to the Disposition and Development Agreement and Promissory Note to provide for car dealerships as a permitted use at Building #6 of the Price Club Plaza; ' b) A Master Lease Agreement between the CRA and the Price Company, with an initial term of 10 years, 180 days, for the use of the premises, in which the CRA would pay to the Price Company a base rent of $300,000 annually, a Common Area Rent of $3,000 annually, and a Sales Tax Rent equal to 22'h% of the tax revenues collected by the City from the business; and c) A Sublease Agreement between the CRA and Weseloh Investments, with an initial term of 10 years, 179 days, for the use of the premises, in which the Weseloh Investments would pay to City Council Minutes -11- 2/2/93 230 the Price Company a base rent, a Common Area Rent, and a Sales Tax Rent equal to 471/2% of the tax revenues collected by the City from the business. Written Communication: Report dated February 2,1993, from the City Manager, summarizing the provisions in the Master Lease and Sublease Agreements and estimating that the Agency's gain would be approximately $33,000 in the fust year, $66,000 in the second year, $68,640 in the third year, etc. Staff recommended approval of the amendment to the Disposition and Development Agreement and Promissory Note, Master Lease Agreement, and Sublease Agreement. Mayor Jones advised that the hearing would be continued to the meeting of February 16, 1993. Continuation of Public Hearin ¢: Notice having been given as required by law, Mayor Jones opened the Public Hearing. There being no response, it was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried that the hearing be continued to the meeting of February 16, 1993. Council recessed at 8:55 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:56 p.m. CITY ATTORNEY 1. PROPOSED RESOLUTION AUTHORIZING THE CAPISTRANO VALLEY WATER DISTRICT TO REPRESENT THE CITY CONCERNING WATER RIGHTS (1050.60) Written Communication: Report dated February 2, 1993, from the City Attorney, advising that Water Rights applications have been filed with the State Water Resources Control Board by the San Juan Basin Authority and Torson Pacific Investments for the appropriation of groundwater within the San Juan Basin. The report recommended that the Capistrano Valley Water District be authorized to represent the City in matters concerning the water rights proceedings on those applications. Resolution Authorizing the Capistrano Valley Water District to Reyresent the City Re: Water Ri : It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted: RESOLUTION NO, 93-2-2-6. AUTHORIZING CAPISTRANO VALLEY WATER DISTRICT TO REPRESENT CITY IN PROCEEDINGS BEFORE THE STATE WATER RESOURCES CONTROL BOARD ON WATER RIGHTS APPLICATIONS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE CAPISTRANO VALLEY WATER DISTRICT TO REPRESENT THE CITY OF SAN JUAN CAPISTRANO IN PROCEEDINGS BEFORE THE STATE WATER RESOURCES CONTROL BOARD ON WATER RIGHTS APPLICATION NO. 30171, AND WATER RIGHTS APPLICATION NO. 30123 The motion carried by the following vote: City Council Minutes -12- 2/2/93 2 31 ,4 AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None DIRECTOR OF ADMINISTRATIVE SERVICES 1. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - REGULATION OF VENDORS (URGENCY) (585.10) Written Communication: Report dated February 2, 1993, from the Interim Director of Administrative Services, recommending that the Municipal Code be amended, through the adoption of an Urgency Ordinance, to regulate any and all vendors on public or private property, whether vending from a vehicle or on foot. The Ordinance was prepared in response to concerns expressed in February 1992 by local flower shops in opposition to the close proximityof temporary "flower shops" which negatively impacted their Valentine's Day business. Adoption of Urge= Ordinance Regulating Vendors: 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 Vasquez, that the following Urgency Ordinance be adopted: ORDINANCE NO. 723. AMENDING TITLE 4. CHAPTER 7. OF THE MUNICIPAL CODE - REGULATION OF VENDORS (URGENCY) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 4, CHAPTER 7 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO VENDOR PERMITS (URGENCY) AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None y_Y_e(03 R 1, 111i Ili• • _ 11t1. • ' • L Mayor Jones left the podium due to a potential conflict of interest. Mayor pro tem Campbell presided. written communication: Report dated February 2, 1993, from the Planning Director, recommending that the City Manager be authorized to execute the Agreement for Consulting Services with Keyser -Marston Associates, Inc. as a land economist to assist with the preparation of the Historic Town Center Master Plan. On November 20, 1992, the Planning Department solicited a request for qualifications for the assessment of fiscal and feasibility impacts of different development scenarios for the Historic Town Center, and five firms were interviewed. Mr. Tomlinson made an oral presentation. City Council Minutes -13- 2/2/93 232 Council Discussion: Council Member Hausdorfer expressed concern whether it was premature to hire a consultant until there was a concept plan that the community agreed upon. Although he felt the firm was highly qualified, he questioned whether the City should spend $40,000 to obtain answers already known and before a concept plan is supported by the community. Mr. Tomlinson explained that as part of the process, the consultant would identify various development standards and lending institutions to determine whether certain uses would be economically viable, with a subconsultant to assist in identifying various types of funding programs and qualification requirements. The consultant could also perform initial testing of proposals that resulted from the workshop process to determine their feasibility. Mr. Scarborough stated that the consultant would also address the various financial constraints and opportunities of uses, such as square footage in terms of revenue to the City. The community would then be able to review the financial feasibility of the various options considered. Since the CRA already owned the property, the consultant could also determine how much the City would underwrite the property value. Council Member Hausdorfer felt that the answers could be better obtained from the marketplace. Council Member Vasquez felt that the community should reach a consensus regarding the concept plans for the Historic Town Center before hiving the economist. Council Member Nash felt that the hiring of the economist to verify the economics of the entire plan was a reasonable step in the Historic Town Center process since it was absolutely essential to understand the process and to determine whether certain options were realistic. Council Member Hausdorfer felt that this step was premature in that the community should invest time in the project before money is invested. Mr. Tomlinson explained that the fust four workshops with the economist would be educational, followed by an investigation of various types of funding sources and how the project financing could be leveraged. Very little money would be spent in this fust phase. After consulting with various community groups, such as the Chamber of Commerce, the economist would then test the options recommended by the workshop. Council Member Hausdorfer recommended that "checkpoints" be included in the process and stated he would support a process that would involve community meetings and education that would cost little money initially. Continuation of Item: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the item be continued to the meeting of February 16, 1993, for staff to provide additional detailed information explaining the importance of hiring the economist at this time in the process. The motion was carried with Mayor Jones absent. Mayor Jones returned to the podium and presided. • I' •Jj• ' • ' :AI�:1:1' 1 JI 1 :1' M• Written Communication: Report dated February 2, 1993, from the Director of Engineering and Building, recommending that funds in the amount of $117,000 be appropriated for the design and right-of-way acquisition to improve the sight distance at the southeast corner of Camino Las Ramblas and Via California. A construction contract must be awarded by December 30, 1993, as required by the State Department of Transporta- tion's Hazard Elimination Safety Program, and appropriation of funds is necessary at this time. City Council Minutes -14- 2/2/93 Council Member Nash expressed concern that the proposed wall not be a cribwall and recommended that another type of wall be considered for aesthetic purposes. Mr. Huber indicated that staff would request alternatives to cribwalls and retaining walls during the design phase of the project. Approval of Budget Amendment: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that funds in the amount of $117,000 be appropriated for Fiscal Year 1992-93 for the design and right-of-way acquisition for the Camino Las Ramblas Parkway Improvements. • • • • s �!; • • ; • "I • s Written Communication: Report dated February 2, 1993, from the Director of Engineering and Building, recommending that funding be requested from the Orange County Combined Transportation Funding Program for construction of the widening of Del Obispo Street on the west side from Paseo De La Paz to Calle Aspero, and the design and construction of the realignment of Ortega Highway Realignment to align Verdugo Street at Camino Capistrano. Public Input: David Swerdlin, 26172 Via de Toledo, commended Council Member Hausdorfer's efforts on the Orange County Transit Authority. He asked the City Attorney whether the realignment of Ortega Highway would require a public forum to address funding because of its impact on the historic downtown area. Mr. Denhalter explained that grant funds are applied for during the two-year nomination process for fiscal year 1995-96; once funding is received, the public process would begin to determine how the funds are to be spent. If the community decides the fund should not be used for the Ortega Highway realignment, the funds can be reallocated or returned to the State. Mr. Scarborough noted that the project has been in the City's Capital Improvement Budget for several years, and that he had requested staff to delay board/commission review of this project until the Historic Town Center project is further along. Resolution -A-Rprovinit Funding Requests from County Combined Tr=2grtation Funding Programs: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted: • LII I! •1 .11 C I • 9- ' • ; : • MOM a IN NJ 1 ; • 0u • ' VARIOUS IMPROVEMENTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS FOR THE IMPROVEMENT OF: (1) DEL OBISPO STREET WIDENING, PASEO DE LA PAZ TO CALLE ASPERO, AND (2) ORTEGA HIGHWAY REALIGNMENT, DEL OBISPO STREET TO CAMINO CAPISTRANO The motion carried by the following vote: City Council Minutes -15- 2/2/93 234 4 AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 1. APPROVAL OF JOINT PARTNERSHIP AGREEMENT WITH FIESTA ASSOCIATION (am) Written Communication: Report dated February 2, 1993, from the Director of Community Services, recommending approval of the Joint Partnership Agreement between the City and the Fiesta Association for sponsorship development for the 1993 Fiesta de las Golondrinas. Approval of Agreement: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried that the Joint Partnership Agreement for Sponsorship Development, 1993 Fiesta de las Golondrinas Celebration, be approved. The Mayor was authorized to execute the Agreement on behalf of the City. 2. AUTHORIZATION TO PURCHASE - 1993 FOLLOW THE SWALLOW RUN COMMEMORATIVE MERCHANDISE (SCREEN ART. INC.) nso -W) Written Communication: Report dated February 2, 1993, from the Director of Community Services, reporting on the bids received for the 1993 Follow the Swallow Run merchandise and recommending that the merchandise be purchased from Screen Art, Inc. in the amount of $12,062.40, which includes all shipping, delivery, screen charges, and sales tax Authorization to Purchase Heritaee Festival Merchandise: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried that the purchase of the 1993 Follow the Swallow Run T-shirts, sweatshirts, and hats be authorized from Screen Art, Inc. in the amount of $12,062.40. 3. SAN JUAN MARKET PLACE - REPORT (150.60) Mayor Jones left the podium due to a potential conflict of interest. Mayor pro tem Campbell presided. Written Communications: (1) Report dated February 2, 1993, from the Director of Community Services, providing an analysis of the monthly San Juan Market Place activity, including a monthly listing of participation and attendance, letters received from businesses regarding the event, law enforcement services, insurance coverage and premiums, financial statement, direct and indirect costs, etc. — (2) Accounting of expenses and income for the San Juan Market Place held on July 2, 1992. Mr. King made an oral presentation. Public Comments: (1) Tricia Elflein, 31831 Via Puntero, spoke regarding the popularity of the San Juan Market Place events; noted the free advertising from various publications, including Sunset magazine; and, City Council Minutes -16- 2/2/93 F5 the promotion of the City and its businesses. She cited their goals for increased revenue, but noted that unforeseen governmental regulations was making it difficult to continue operations. She requested understanding and assistance from the City. (2) Mike Darnold, 26022 Avenida Mariposa, noted that the event organizers have received no complaints and requested the City's assistance to resolve issues regarding taxes and insurance so that the event no longer operates in a deficit. (3) Gil Jones, 31791 Los Rios Street, noted that the City Attorney advised that although the item constituted a conflict of interest for the him, he could speak on the matter as a resident. He spoke of the organizers' hardships to hold the event each month and expressed concern that the event would not continue unless they received some assistance from the City. He felt that the event has been very well received by the community and noted his participation in all of the events to date. He stated his belief that businesses which benefit financially from the event but who are not actual participants have an obligation to contribute to the event to keep it successful. Council Comments: Council Member Hausdorfer stated the event should be a combination business/private partnership as an investment in the community. He emphasized the importance of attracting people into the downtown area. Council Member Vasquez noted the organizers' rule that prohibits competing businesses from participating in the same event. He suggested that the number of participating businesses be expanded to create additional revenue for the event, particularly if the City were to subsidize the event. He suggested that some businesses be rotated out to let others participate. Council Member Nash concurred and suggested that the fees for booths be raised to help offset the deficit. Council Member Campbell noted attendance at the event by out-of-town visitors and felt that costs for the event would continue to decline. Ms. EMein noted that in 1992 they charged three times the amount for booths than other event organizers, e.g. S2004300 for regular vending booths and $400 for food booths. Complaints were received from some vendors regarding the high fees and their inability to recover their expenses; therefore, the fees were lowered this year to attract more vendors. She stated that if there were too many competing vendors in one event, the profits would be diluted and vendors would not recover their expenses. She explained that since some vendors have been very loyal to the event and have helped to support it from its inception, the organizers did not wish to exclude them. Recommendations for San Juan Market Place: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and carried with Mayor Jones absent, that: (1) The Council fords that the San Juan Market Place has been a beneficial and exciting new community event and that its operation be continued. The event organizers, Tricia Elflein and Mike Darnold, were commended for their outstanding efforts. (2) Staff was authorized to credit the Market Place for the differential between the cost of the insurance provided to the Market Place by the City and the cost of new insurance obtained by the Market Place organizers (up to $1,800). (3) Staff and the event organizers were directed to conduct discussions for determining alternatives to further reduce the event's direct and indirect costs to the City. (4) Staff was requested to include funding support for the Market Place as part of the Fiscal Year 1993-94 community promotions budget request. City Council Minutes -17- 2/2/93 236 (5) Staff was directed to express appreciation to the many County service agencies that have contributed to the success of the Market Place. Mayor Jones returned to the podium and presided. 4. TEMPORARY STREET CLOSURE - ORTEGA HIGHWAY BETWEEN EL CAMINO REAL AND CAMINO CAPISTRANO - MERCADO. SATURDAY. MARCH 20,199 (FIESTA ASSOCIATION) (150.60) Written Communication: Report dated February 2, 1993, from the Director of Community Services, recommending the temporary street closure of Ortega Highway for the Mercado on Saturday, March 20, from 6:00 a.m. to 6:30 p.m. and the approval of various funding for related expenses. The Mercado is a new event to be sponsored by the Fiesta Association. It will consist of food booths, arts and crafts booths, and entertainment located on Ortega Highway between Camino Capistrano and El Camino Real. The operating hours will be 8:30 a.m., to 4:30 p.m. Approval of Street Closure and Authorization of Related Funding It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried that the following be approved for the Mercado on Saturday, March 20, 1993: (1) The closure of Ortega Highway between the hours of 6:00 a.m. to 6:30 p.m. on March 20. (2) The issuance of a Special Activities Permit for the street closure by the Director of Engineering and Building. (3) $900 in additional funding for Building and Engineering personnel overtime to modify the traffic control plan to accommodate the Ortega Highway street closure, Account No. 01-61115- 4413, as well as $1,100 of regular -time salary for this purpose. (4) $1,000 in additional funding for overtime salaries associated with Public Lands and Facilities street closure responsibilities and general event cleanup, Account No. 01-61115-4433. (5) $1,500 in additional funding for the purchase of additional street closure barricades and signs for the event, Account No. 01-62238-4443; $500 of regular -time salary will be used to assemble signs. (6) A request to the Fiesta Association to fund a minimum of 50% ($2,5110) of direct costs ($5,000) to the City for the event, and where possible, to assist the City to further reduce Mercado expenses by assisting City crews in signage assembly, traffic control supervision, and post -event cleanup. (7) $900 of anticipated non -reimbursed additional funding from General Fund Reserves. 1. APPROVAL OF REZONE 92-04 - AMENDMENT TO SPECIFIC DEVELOPMENT PLAN 87-1 (THE PRICE CLUB) (4660,20) (ADOPTION) Written Communication: Report dated February 2, 1993, from the City Clerk, advising that the Ordinance was introduced at the meeting of January 19, 1993, and was scheduled for adoption. City Council Minutes -18- 2/2/93 237 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 Nash, seconded by Council Member Hausdorfer, that the following Ordinance be adopted: ORDINANCE NO, 724. 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 OF AUTOMOBILE DEALERSHIPS IN BUILDING SIX OF THE PRICE CLUB CENTER The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None COUNCILMANIC 1. ACKNOWLEDGEMENT OF DONATIONS - ABBIE GAIL WEISER (530,60) Written Communication: Report dated February 2, 1993, from the Council Services Manager, noting the $1,000 donation to the City by Abbie Gail Weiser for the purchase of bilingual "No littering" signs for the City's parks and downtown areas. Acknowledgement of Donation: It was a consensus of the Council that the check in the amount of $1,000 donated by Abbie Gail Weiser be acknowledged for the purchase of bilingual "No littering" signs for the City's parks and downtown areas. •IZ93W4 q;L*RV V&SIX618"11• None. Council Member Nash recommended that the City Council packets be provided to the Council at least one week prior to each meeting, preferably on Monday or Tuesday, to allow more time for Council Members and interested residents to analyze the items and to meet with staff and others. Council ' Member Vasquez concurred. Council Member Campbell expressed concern that moving the date up could further delay applicants. At the suggestion of Mr. Scarborough, it was a consensus of the Council that staff provide an analysis of this suggestion within two to three weeks. 2. SOCCER FIELD Council Member Campbell inquired whether it would be easier to refurbish existing fields for athletic play than to construct new fields. Mr. King advised that although existing fields were being used for practice, they were not suitable for play because of some portions being used for parking or structures City Council Minutes -19- 2/2/93 and because of overuse due to the limited number of fields available. Mr. Scarborough indicated that even if the fields could be refurbished, they could not be rotated enough to keep them in playing condition. 3. LIGHTING STANDARDS (460.30) Council Member Campbell suggested that aesthetically pleasing light standards be considered for the new athletic fields. Mr. Scarborough noted the need to minimize the impact of lighting upon the community and that standards for lighting baseball/soccer fields do not exist. 4. DONATION FOR "NO LITTERING" SIGNS (530.60) Mayor Jones noted the voluntary efforts by Abbie Gail Weiser and San Juan Beautiful in helping to help clean up the community, particularly in obtaining community service work crews to clean the fence line at Long Park. 5. EMERGENCY SEWER REPAIRS - SAN JUAN CREEK (1040.10) Council Member Hausdorfer expressed appreciation to Ron Sievers, Bill Huber, and City crews for their work during recent storms and the quick repair of the sewer break at San Juan Creek as a result of the heavy rains. Mr. Huber advised that the construction of a permanent line would begin February 3 and should be completed within ten working days. He noted that the line would be placed deeper to avoid a similar break in the future. Council recessed to a Closed Session at 10:15 p.m. for discussion of litigation per Government Code Section 54956.9(a) (Committee to Restore Integity v. City, Freedom Newsngyers v. Board of Directors), personnel matters per Government Code Section 54957, and real property matters per Government Code Section 54956.8 (Pearl Williams Estate), the City Clerk being excused therefrom, and reconvened at 11:20 p.m. ADJOURNMEi•Tl' There being no further business before the Council, the meeting was adjourned at 11:20 p.m. to the next regular meeting date of Tuesday, February 16, 1993, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, ATTEST: ZIL JONES, MAYOR City Council Minutes -20- 2/2/93